07 - Remedial Law

VIKTOR KEVIN S.
RUBIO
Subject Chair
LORAINE N. DE LEON
Assistant Subject Chair
ADRIAN PATRICK M. VALIENTE

Subject Electronic Data Processing
SUBJECT HEADS
ANDRE JOSE H. SURIGAO Civil Procedure

KEVIN IGMIDIO E. LAT
AARON FRANZ SP. AURELIO Special Civil Actions
MARIA ANA ANGELA T. SIMPAO Special Proceedings
KRISTOFF MONICO S. NG Criminal Procedures
ROEN G. MECANO Evidence
LOIS RENEE R. TUBON Special Laws and Amendment
SUBJECT MEMBERS
FLORENCE DIANE N. CERERA KATE BERNADETTE T. MADAYAG

JF. MARI I). JAVIER KELVIN G. ALIGA
MARY KEITG. SANTOS HANS CHRISTIAN B. CHAVEZ
PETER PAUL P. CAGURANGAN IVAN CHRIS T. LUZURIAGA
JEDIA JANE M. PABLO SARAH JANE B. SANTOS
BERNICE ANNE DC. DE GUZMAN MONICA G. MORANTE
ADVISERS
Judge GINA M. B1BAT-PALAMOS

Atty. ROWELL D. I LAGAN
Judge WILHELMINA B. JORGE-WAGAN
Atty. FRANCESCA LOURDES M. SENG/X
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Q: What is Remedial Law?

ANS: Remedial law prescribes Ihe method of enforcing rights or obtains redress for
their invasion (Bustos v. Lucero, G.R. No. L-2068, October 20, 1948).
A. DISTINGUISH: SUBSTANTIVE LAW AND REMEDIAL LAW

Q: Differentiate Remedial Law and Substantive Law.
ANS: The following are the differences:
REMEDIAL LAW vs. SUBSTANTIVE LAW
Remedial law prescribes the Substantive law is that part of the law
method Of enforcing rights ur which creates, defines and regulates
obtains redress (or their invasion rights, or which regulates Ihe rights
(Bustos v. Lucero, G.R. No. L- and duties which give rise to a cause
2068. October 20. 1948). of action (Bustos v Lucero. G.R No.
L 2068. October 70, 1948).
No vested right may attach Io, Substantive lav; creates vested
nor arise from, procedural laws. rights.
A person has no vested right in If the Rule lakes away a vested right,
any particular remedy, and a it is not procedural. If the Rule
litigant cannot insist on the creates a right such as the right to
application to Ihe trial of his appeal, it may be classified as a
case, whether civil or criminal, of substantive matter; bul if it operates
any other than the existing rules as a means of implementing an
of procedure (Tan. Jr. v. CA. existing right then the rule deals
G.R. No. 136368, January 16, merely with procedure (Fabian v.
2002). Desierto. G.R. No. 129742.
September 16. 1998).
Remedial law is construed to be By its very nature and essence,

applicable Io actions pending substantive law operates
and undetermined al the lime of prospectively (Tirona v. Alejo, G.R.
their passage, and are deemed No. 129313. October 10. 2001).
retroactive in that sense and to
that extent (Calacala v.
Republic, G.R. No. 154415, July
28, 2005).
Remedial law does not originate Substantive law originates from the
from the legislature bul has the legislature.
force and effect of law (ANero v. They are not embraced by the rule
De La Rosa, G.R. No. L-286, making power of the Supreme Court
March 29, 1946) if not in conflict (Primicias v. Ocampo, G.R. No. L-
with substantive law. 6120. June 30, 1953).
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The Supreme Court is expressly

empowered to promulgate
procedural rules (CONST., Art.
VIII, Sec. 5. Par. 5).
B. RULE-MAKING POWER OF THE SUPREME COURT

Q: What is the scope of the rule-making power of the Supreme Court?
ANS: The scope of the rule-making power of the Supreme Court is to promulgate rules
concerning the protection and enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice of law, the integrated bar, and
legal assistance to the underprivileged (CONST!., Art. VIII, Sec. 5(5)).
Q: Does the Supreme Court have the power to disapprove the Rules of Procedure
of Special Courts and Quasi-Judicial bodies?
ANS: Yes. Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court (CONST., Art VII, Sec.5, Par. (5)).
Q: What are the limitations of the rule-making power of the Supreme Court? (SUN)
ANS: The following are the limitations of the rule-making power of the Supreme Court:
1. The rules shall provide a Simplified and inexpensive procedure for the
speedy disposition of cases;
2. The rules shall be Uniform for all courts of the same grade: and
3. The rules shall Not: (DIM)
a. Diminish;
b. Increase, or
c. Modify substantive rights (CONSTI.. Art. VIII, Sec. 5(5)).
Q: What are the instances where the Supreme Court may suspend its own rules?
(U-FAME)
ANS: The following are the instances where the Supreme Court may suspend its own
rules:
1. The Existence of special and compelling circumstances;
2. The Merits of the case;
3 A cause not entirely Attributable to the fault or negligence of the party
favored by the suspension of rules;
4. A lack of any showing that the review sought is merely Frivolous and
dilatory; and
5. The other party will not be Unjustly prejudiced thereby (Sarmiento v.
Zaralan, G.R. No. 167471, February 5. 2007).
C. NATURE OF PHILIPPINE COURTS

Q: What Is the nature of the Philippine courts?
ANS: Philippine courts are both courts of law and equity. Hence, both legal and
equitable jurisdiction is dispensed with in the same tribunal (U.S v. Tamporong, G.R.
No. 9527. August 23. 1915).
Note: Equity, however, is not to be applied in all cases. It does not apply when there is
a law applicable to a given case. It is availed of only in the absence of law and is never
availed of against statutory law or judicial pronouncement (Velez v. Demetrio, G.R. No.
128576, August 13. 2002).
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Q: Distinguish a court and a judge.

ANS: The following are the differences between a court and a judge:
COURT vs. JUDGE
A tribunal officially assembled A judge is a person or the officer who

under the authority of law. presides over the court; He or she is
An Organ of government with a a public officer (Todd v. US, 150 U.S.
personality separate and distinct 278).
from the person or judge who sits
on it (People v. Carlos, G.R. No.
L-239. June 30, 1947).
The court continues to exist even Judges are human beings, hence,
after the judge presiding over it they die. they resign, they retire and
ceases to do so. The they may be removed (TAN, Civil
circumstances of the court are not Procedure: A Guide for the Bench
affected by the circumstances of and the Bor (2017), p 2) [hereinafter,
the judge. The continuity of the TAN, Civil Procedure]
courts and the efficacy of its
proceedings are not affected by The judge shall have such powers
the death, resignation, or only as he continues to occupy the ■
cessation from the services of the office. The judge may resign.!
judge presiding over it (ABC become incapacitated, or be'
Davao Auto Supply v. CA. G R. disqualified to hold office (ABC i
113296, January 16, 1996). Davao Auto Supply v. CA. G.R. No. J
113296, January 10, 1998).
Q: Differentiate courts of original jurisdiction and courts of appellate jurisdiction.

ANS: A court is one with original jurisdiction when actions or proceedings are originally
filed with it while a court is one of appellate jurisdiction when it has the power to review
over Ihe decisions or orders of the lower courts (1 RIANO. Civil Procedure: The Bar
Lecture Series (2016), p. 47) (hereinafter RIANO. Civil Procedure].
Q: Differentiate courts of general jurisdiction and courts of special or limited

jurisdiction.
ANS: Courts of general jurisdiction are those with competence to decide on their own
jurisdiction and Io lake cognizance ol all cases, civil or criminal, of a particular nature, or
those with competence to exercise jurisdiction over cases not falling within Ihe
jurisdiction of any court, tribunal, person, or body exercising judicial or quasi-judicial
functions while courts of special or limited jurisdiction are those which have only a
special jurisdiction for a particular purpose or are clothed with special powers for the
performance of specified duties beyond which they have no authority of any kind (Id.).
Q: Differentiate constitutional courts and statutory courts.

ANS: A constitutional court is one created by direct constitutional provision while a
statutory court is one created by law other than the Constitution. The first may not be
abolished by Congress without amending the Constitution while the second can be so
abolished by simply repealing Ihe law which created them (1 RIANO, supra at 45). Only
the Supreme Court is a constitutional court; all others are statutory courts (1
REGALADO, Remedial Law Compendium (2010), p. 2 (hereinafter 1 REGAI ADO]).
Note: Sandiganbayan is not a constitutional court but only a constitutionally-mandated
court (Garcia v. Sandiganbayan, G.R No. 114135).
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Q: Differentiate courts of law and courts of equity.

ANS: A court of law is any tribunal duly administering the laws of the land while a court
of equity is a tribunal which adjudicates a controversy according to the common
precepts of what is right and just without inquiring into the terms of the statutes (1
RIANO, supra at 41).
Q: What is the Principle of Judicial Hierarchy?

ANS: The principle of judicial hierarchy of courts provides that the appropriate forum is
the court lowest in the judicial hierarchy, the rationale being two-fold, namely: (a) it
would be an imposition upon the precious time of the higher courts; and (b) it would
cause an inevitable and resultant delay, intended or otherwise, in the adjudication of
cases, that some of these cases may have to be remanded or referred to the lower court
as the proper forum under the rules of procedure, or because these courts are better
equipped to resolve the issues given that this Court is not a trier of facts (Linsangan-
Maldia v. Philippine Deposit Insurance Corp.. G.R. No. 241713, January 10. 2019).
Q: What are the exceptions to the Principle of Judicial Hierarchy?

ANS: The only exception to this principle is if remedies are not obtainable in the inferior
courts, or if exceptional and compelling circumstances justify the availing of the
extraordinary writs with the higher courts (Linsangan-Maldia v. Philippine Deposit
Insurance Corp.. G R No 241713, January 10. 2019).
Q: What is the Doctrine of Non-Interference?

ANS: The doctrine provides that no court has the power to interfere by injunction with
the judgments or decrees of a court of concurrent or coordinate jurisdiction (Barosso v.
Omelio, G.R. No. 194767. October 14. 2015). It also bars a court from reviewing or
inleifeiing with the judgment of a co-equal court over which it has no appellate
jurisdiction or power of review (Villamor v. Salas. G.R. No. L-101041, November 13. 1991).
Q: Why is the Doctrine of Non-Interference also applicable to administrative

proceedings?
ANS: Settled is the rule that where the law provides for an appeal from the decisions of
administrative bodies to the Supreme Court or the Court of Appeals, it means that such
bodies are co-equal with the Regional Trial Courts in terms of rank and stature, and
logically, beyond the control of the latter. Hence, the trial court cannot interfere with the
decision of such administrative bodies (Philippine Sinter Corp. v. Cagayan Electric
Power & Light Co.. Inc.. G.R. No. 127371. April 25. 2002).
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Q: Define Jurisdiction.
ANS: Jurisdiction is defined as the power and authority of a court Io hear, try, and
decide a case (Foronda-Crystal v. Son, G.R. No. 221815. November 29. 2017), as well
as to enforce or execute its judgments or final orders (Echegaray v. Secretary of Justice,
G.R. No. 132601, January 19, 1999).
Q: Is jurisdiction substantive or procedural?

ANS: Both. Jurisdiction over the subject matter is substantive as it is conferred by the
Constitution or by law; while jurisdiction over the person is acquired by his voluntary
submission to the authority of the court or through the exercise of its coercive processes
and is, therefore, procedural. Jurisdiction over the res is obtained by actual or
constructive seizure placing the property under the orders of the court and is also
procedural (Zamora v. CA, G.R. No. 78206, March 19. 1990).
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A. CLASSIFICATION OF JURISDICTION
Q: Distinguish original and appellate jurisdiction.
ANS: Original and appellate jurisdiction may be distinguished as follows:
Appellate jurisdiction is the power and

authority conferred upon a superior
judicial cognizance of a case ■ court to rehear and determine causes
instituted for judicial action for \ which have been tried in lower courts.
the first time under the the cognizance which a superior court
conditions prescribed by law takes of a case removed to it. by
(1 TAN, supra at 4). appeal or writ of error, from the
decision of a lower court, or the review
by a superior court of the final
; judgment or order of some lower courts
(1 TAN. supra al 4).
A court is one with original A court is one with appellate
jurisdiction when actions or: jurisdiction when it has the power of
proceedings are originally • review over the decisions ui orders of
filed with it (1 RIANO, supra a lower court (1 RIANO. supra at 47).
at 47).
Q: Distinguish general and special jurisdiction.

ANS: General and special jurisdiction may be distinguished as follows:
GENERAL JURISDICTION vs. SPECIAL JURISDICTION
General jurisdiction is the . Special or limited jurisdiclion is one

power of Ilie court to ( which restricts Ihe court's jurisdiction
adjudicate all conlroversies only to particular cases and subject to
except those expressly such limitations as may be provided
withheld from the plenary I by Ihe governing law. It is confined to
powers of Ihe court. It extends particular causes, or which can be
to all conlroversies which may exercised only under Ihe limitations
be brought before a court and circumstances prescribed by the
within the legal bounds of statute (1 TAN. supra at 3).
rights and remedies (1 TAN.
supra at 3).
Courts of general jurisdiclion Courts of special (limited) jurisdiction

are those with competence to are Ihose which have jurisdiclion only
decide on their own . for a particular purpose or are clothed
jurisdiclion and take ■ with special powers for the
cognizance of all cases, civil performance of specified duties
and criminal, of a particular beyond which they have no authority
nature (1 RIANO, supra at of any kind (1 RIANO, supra at 47). .
47).
Courts which have the
competence Io exercise
jurisdiction over cases not
falling within Ihe jurisdiction of
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Special Jurisdiction
any court, tribunal, person, or '
body exercising judicial or
quasi-judicial functions (B.P
Big. 129, Secs. 19 & 20).
Q: Distinguish exclusive and concurrent jurisdiction.

ANS: Exclusive and concurrent jurisdiction may be distinguished as follows:
Exclusive jurisdiction is the • Concurrent jurisdiction is the power

power to adjudicate a case or j• conferred upon different courts,
proceeding to the exclusion of I■ whether of the same or different
all other courts at that stage (1 ranks, to lake cognizance at the
TAN. supra at 3). same stage of the same case in the
same or different judicial territories
■ (1 TAN, supra at 4).
Where there is concurrent
jurisdiction, the court first taking
! cognizance of the case assumes
' jurisdiction to the exclusion of the
other courts (1 RIANO. supra at 49).
The following are examples of The following are examples of

courts having exclusive original courts having concurrent original
jurisdiction: jurisdiction:
I. MTC having exclusive 1. SC having concurrent original
original jurisdiction over jurisdiction with RTC in cases
cases of forcible entry and affecting ambassadors, other
unlawful detainer (B.P. Big. public ministers, and consuls
129. Sec 33. Par. (2)). . । (CONST., ART. VIII. Sec. 5, B.P.
2. RTC having exclusive Big. 129. Sec. Sec. 21. Par. (2)).
original jurisdiction over all '’ 2. SC having concurrent original
civil actions in which the jurisdiction with the CA in
subject matter of litigation is petitions for certiorari.
incapable of pecuniary prohibition, and mandamus
estimation (B.P. Big. 129, against the RTCs (CONST.,
Sec. 19. Par. (1)); ART. VIII. Sec. 5. B.P. Big. 129,
3. CA having exclusive original Sec. 9. Par. (1));
jurisdiction over actions for 3. SC having concurrent original
annulment of judgments of' jurisdiction with the CA and the
the RTC (B.P. Big' 129, Sec. RTC in petitions for certiorari.
9. Par. (2)). prohibition and mandamus
against lower courts and bodies
Note: Exclusive original I
in petitions for quo warranto and
jurisdiction precludes the idea
habeas corpus (CONST., ARI.
of co-existence and refers to
VIII. Sec. 5; B.P. Big. 129. Secs.
jurisdiction possessed to the
9, Par. (1) & 21, Par. (1)).
exclusion of others (Cubero v.
Laguna West Multi-Purpose j
Cooperatives, Inc., G.R. No.
166833, November 30, 2006).
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B. DOCTRINE OF HIERARCHY OF COURTS AND CONTINUITY OF

JURISDICTION
Q: What is the Doctrine of Hierarchy of Courts?
ANS: The doctrine of hierarchy of courts dictates that, direct recourse to this Court is
allowed only to resolve questions of law, notwithstanding the invocation of paramount or
transcendental importance of the action. This doctrine is not mere policy, rather, it is a
constitutional filtering mechanism designed to enable the Court to focus on the more
fundamental and essential tasks assigned to it by the highest law of the land (Gios-
Samar. Inc. v. Department of Transportation and Communications, G.R. No. 217158.
March 12. 2019).
Q: What are the exceptions to the Doctrine of Hierarchy of Courts?

ANS: The following are the exceptions to the rule;
1. When there are genuine issues of constitutionality that must be addressed
at the most immediate time;
2. When the issues involved are of transcendental importance;
3. Cases of first impression;
4. The constitutional issues raised are better decided by the Court;
5. Exigency in certain situations;
6. The Tiled petition reviews act of constitutional organ;
7. When petitioners rightly claim that they had no other plain, speedy, and
adequate remedy in the ordinary court of law that could free them from the
injurious effects of respondents' acts in violation of their right to freedom of
expression; and
8. The petition includes questions that are dictated by public welfare and the
advancement of public policy, or demanded by the broader interest of
justice, or the orders complained of were found to be patent nullities, or the
appeal was considered as clearly an inappropriate remedy (Gios-Somar,
Inc. v. Department of Transportation and Communications, G.R. No.
217158. March 12. 2019).
Q: What is the Doctrine of Adherence to Jurisdiction (Continuity of Jurisdiction)?

ANS: The doctrine provides that once a court has acquired jurisdiction, such
Jurisdiction cannot be ousted by subsequent events, although of a character which
would have prevented jurisdiction from attaching in the first instance. Once jurisdiction
has been acquired, it continues until the court finally disposes of the case (Barrameda v.
Rural Bank of Canaman, Inc., G.R. No. 176260, November 24. 2010).
C. JURISDICTION OF VARIOUS PHILIPPINE COURTS
Q: Give an outline of the jurisdiction of courts in civil cases.

ANS: The following is the jurisdiction of courts in civil cases.
Civil'Cases
Exclusive Petitions for certiorari, prohibition, or mandamus againsl:

Original 1. Court of Appeals (Judiciary Act of 1948. Sec. 17);
2. Commission on Elections (CONST. Art. IX. Sec. 7);
3. Commission on Audit (CONST. Ad. IX. Sec. 7);
V. »■ : 4. Sandiganbayan (P.D. No. 1606, as amended); and
5. Court of Tax Appeals (R.A. No. 9282, otherwise known as The
Law Creating the Court of Tax Appeals).
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Supreme Court
Disciplinary proceedings against members of the Bar and court
personnel (CONST. Art. VIII, Sec. 6; RULES OF COURT. Rule 56).
With the RTC:

Cases affecting ambassadors, other public ministers, and consuls
(B.P. Big. 129, otherwise known as The Judiciary Reorganization
Act of 1980, Sec. 21, Par. (2); CONST., Art. VIII, Sec. 5. Par. (1)).
With the CA:

1. Petitions for certiorari, prohibition, or mandamus against:
a. RTC (B.P. Big. 129, Sec. 21. Par (1));
b. Civil Service Commission (R.A. No. 7902, otherwise known
as An Act Expanding the Jurisdiction of the Court of
Appeals);
c Central Board of Assessment Appeals (P.D. No. 464.
otherwise known as the Real Property Tax Code);
d National Labor Relations Commission (St. Martin Funeral
Homes v. NLRC. G.R. No. 130866. September 16, 1998);
and
e. Other quasi-judicial agencies (Heirs of Hinog v. Melicor, G.R.
No. 140954. April 12. 2005); and
2. Petitions for Writ of Kalikasan (A.M. No. 09-6-8-SC, Rule 7. Sec.
With the RTC & CA:

1. Petitions for Habeas Corpus (B.P. 129, Sec. 9. Par. (1), & Sec.
21, Par. (1); CONST.. Art. VIII, Sec. 5. Par. (1));
2 Petitions for Quo Warranto (B.P. 129, Sec. 9. Par. (1). & Sec.
21. Par. (1): CONST., Art. VIII, Sec. 5. Par. (1));
3. Petitions for certiorari, prohibition, or mandamus against inferior
courts and other bodies (B.P. 129, Sec. 9, Par. (1). & Sec. 21,
Par (1); CONST., Art. VIII, Sec. 5, Par. (1)); and
4. Petitions for continuing mandamus (A M. No. 09-6-8-SC. Rule 8.
Sec. 1)
With the RTC. CA, & Sandioanbavan;

1 Petitions for Writ of Amparo (A M. No. 07-9-12-SC, Sec. 3); and
2 Petitions for Writ of Habeas data (A.M. No. 08-1-16-SC, Sec. 3)
By way of appeal by certiorari under Rule 45. against the:

1 Court of Appeals;
2. Sandiganbayan;
3. RTC on pure questions of law;
4. In cases involving the constitutionality or validity of a law or
treaty, international agreement or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance
or regulation, legality of a tax. impost, assessment, toll or
penalty, jurisdiction of a lower court (CONST. Art. VIII, Sec. 5);
and
5. Court of Tax Appeals En Banc (R.A. No. 9282, Sec. 19).
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Actions for annulment of judgments of the RTC (B.P. Big. 129, Sec.
9. Par. (2)).
With the SC: j

1. Petitions for certiorari, prohibition, or mandamus against:
a. RTC (B.P. Big. 129. Soo. 21. Par. (1));
b. Civil Service Commission (R.A. No. 7902)'.
c. Central Board of Assessment Appeals (P.D. No. 464); i
d. National Labor Relations Commission (St. Martin Funeral
Homes v. NLRC, G.R. No. 130866, September 16, 1998); and
e. Other quasi-judicial agencies (Heirs of Hinog v Melicor. G.R
No. 140954, April 12, 2005).
2. Petitions for Writ of Kalikasan (A.M. 09-6-8-SC, Rule 7, Sec. 3).
With the SC & RTC:

1. Petitions for Habeas Corpus (B.P. 129. Sec. 9. Par (1). & Sec. •
21, Par. (1); CONST., Art. VIII. See. 5. Par (1));
2. Petitions for Quo Wauautu (BP. 129, Sec. 9. Par. (1). & Sec. 21,,
Par. (1); CONST., Art. VIII. Sec. 5, Par. (1));
3. Petitions for certiorari, prohibition, or mandamus against inferior i
courts and other bodies (B.P Big 129. Sec. 9. Par 1&Sec. 21, '
Par. (1); CONST., Art. VIII, Sec. 5, Pai (1)); and ’
4. Petitions for continuing mandamus (A M. No 09-6-8-SC. Rule 8, .
Sec. 2).
With the RTC. SC, & Sandiganbayan:

1. Petitions for Writ of Amparo (A.M. 07-9-12-SC. Sec. 3); and
2. Petitions for Writ of Habeas Data (A.M 08-1-16-SC. Sec 3).
1. By way of ordinary appeal from the RTC and family Courts

(RULES OF COURT. Rule 41. Sec. 2, Par (a)) & R A. No. 8369,
otherwise known as the Family Courts Act of 1997), Sec. 14);
2. By way of petition for review from the RTC rendered in the
exercise of its appellate jurisdiction (RULES OF COURT. Rule
42);
3. By way of petition for review from the decisions, resolutions,
orders, or awards of the:
a. Civil Service Commission;
b. Office of the Ombudsman in administrative disciplinary cases;
and
c. Other bodies mentioned in Rule 43 (RULES OF COURT.
Rule 43).
4. By way of ordinary appeal over decisions of MTCs in cadastral or ■
land registration cases pursuant to its delegated jurisdiction (B.P.
129, Sec. 34, as amended by R.A. No. 7691).
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Cases involving violations of:

1. E.O. No. 1 (Creating the PCGG);
2. E.O. No. 2 (Illegal Acquisition and Misappropriations of Ferdinand
Marcos. Imelda Marcos their close relatives, subordinates, business
associates, dummies, agents or nominees);
3. E.O. No. 14 (Cases involving the ill-gotten wealth of the immediately
mentioned persons); and
4. E.O. No. 14-A (amendments to E.O. No 14) (R.A. No. 10660,
otherwise known as An Act Strengthening Further the Functional
and Structural Organization of the Sandiganbayan. Sec. 2).
Concurrei With the SC:

1 . Petitions for certiorari, prohibition, and mandamus whether or not in
aid of its appellate jurisdiction (AM. No 07-7-12-SC); and
2 Petitions for Habeas Corpus, injunction, and other ancillary writs in
aid of its appellate jurisdiction, including Quo Warranto arising in
cases falling under E.O. Nos. 1, 2. 14. and 14-A.
With the SC, CA & RTC:
1 Petitions for Writ of Amparo (A.M. No. 07-9-12-SC, otherwise known
as The Rule on Writ of Amparo, Sec. 3); and
2 . Petitions for Writ of Habeas Data (A M. No. 08-1-16-SC, otherwise
known as The Rule on Writ of Habeas Data. Sec. 3).
If the gross value, claim, or demand I If the gross value, claim or

exceeds P300.000 (outside Metro ’ demand does not exceed
Manila), or exceeds P400.000 P300.000 (outside Metro Manila).
(Metro Manila): or does not exceed P400.000
, (Metro Manila):
1. Actions involving personal properly depending on the value of the
properly;
2. Admiralty and maritime cases depending on the amount of demand
or claim;
3. Probate proceedings (testate or intestate) depending on the gross
value of the estate; and
4 Demand for money depending on the amount (B.P. Big.129. Sec.
19. Par. (3). (4). & (0). & Sec. 33. Par. (1) as amended by R.A. No.
7691).
Note: The gross value, claim, or demand is exclusive of Interest.
Damages of whatever kind. Attorney’s fees. Litigation Expenses, and
Costs (IDALEC), the amount of which must be specifically alleged;
provided, that IDALEC shall be included in the determination of the filing
fees (B.P. Big. 129. Sec 33. Par. (1). as amended).
Note: The exclusion of the term "damages of whatever kind" applies to
cases where the damages are merely incidental to or a consequence of :
the main cause of action. However, in cases where the claim for
damages is the main cause of action, or one of the causes of action, the
amount of such claim shall be considered in determining the jurisdiction
of the court (Administrative Circular 09-94, June 14. 1994).
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I If the assessed value or interest in i If the assessed value or interest |

the real property exceeds P20.000 ' in the real property does not,
(outside Metro Manila), or exceeds ! exceed P20.000 (outsidb Metro
I P50.00.&(Metro Manila): Manila), or does not exceed
। P50,000 (Metro Manila):
..... ------ --------..........---------------------------- -- ----------- —------------------ j
5. Actions involving title to or possession of real property, or any
interest therein depending on the assessed value (BP. Big. 129,
Sec. 19. Par. (2) & Sec. 33, Par. (3)).
6. Actions the subject matter of 6. Inclusion and exclusion of
which is incapable of pecuniary voters (B.P. 881. Sec.138);
estimation; 7. Those covered by the Rules
I Note: To determine the nature of an on Summary Procedure:
action, whether or not its subject a. Forcible Entry;
matter is capable or incapable of b. Unlawful detainer
pecuniary estimation, the nature of Note: Irrespective of the
the principal action or relief sought amount of damages or
must he ascertained. If the principal. unpaid rentals sought to be
relief is for the recovery of a sum of recovered
money or real property, then the
Note: Where attorney's fees
action Is capable of pecuniary
are awarded. Ihe same shall
estimation. However, if the principal
not exceed P20.000
relief sought is not for the recover/
of sum of money or real properly, Note: May resolve issue of
even if a claim over a sum of money ownership to determine only
or real property results as a the issue of possession (Big.;
consequence of the principal relief, 129, Sec 33. Par. (2)).
the action is incapable of pecuniary c. Other civil cases.'
estimation (First Sarmiento Property except probate i
Holdings Inc. v. Philippine Bank of proceedings, where Ihe,
Commerce. G.R. No. 102836, June total amount of Ihe'
19. 2018) plaintiffs claim does not j
Note: All actions which are exceed P100.000 or
incapable of pecuniary estimation does not exceed
are cognizable by the RTC except P200.000 in Metro
the annulment of judgments of Ihe Manila, exclusive of
RTC. which is cognizable by the CA interests and costs
(Sec. 9(2), B.P. Big. 129). (Revised Rules on
Summary Procedure,
7. Cases not within Ihe exclusive Sec. 1. Par.
jurisdiction of any court, tribunal, (a)[hereinaftor RRSP); ■
person or body exercising B.P Big. 129. Sec. 33.
judicial or quasi-judicial functions Par. (2))
(general jurisdiction of RTC)
(Sec.19(6). B.P. 129); I8- Cases falling under Ihe 2016
Revised Rules of Procedure
8. Under Section 5.2 of the . For Small Claims Cases:
Securities and Regulations Code Note: Applicable in all ■
to hear and decide: actions that are purely civil in i
a. Cases involving devices or j nature where the claim or ;
schemes employed by or relief prayed for is solely for
any acts of the board of payment of sum of money.
flBEDAN KED BOOK
u Volumo II | Sonos of 2020/21
Municipal Trial Courts

directors, business The claim may be:
associates, its officers or a. For money owed under:
partnership, amounting to i. Contract of Lease;
fraud and ii. Contract of Loan;
misrepresentation: iii. Contract of Services;
b. Intra-corporate iv. Contract of Sale;
controversies; v. Contract of
c. Controversies in the Mortgage.
elections or appointments b. For liquidated damages
of directors. trustees, arising from contracts;
officers, or managers of c. The enforcement of a
corporations, partnerships, barangay amicable
or associations: settlement involving a
d. Petitions of corporations, money claim (The
partnerships or associations Revised Rules of
to be declared in the state Procedure for Small
of suspension of payments Claims Cases, Secs. 2
(Securities Regulations and 5(hereinafter
Code. Sec. 5,2 and P.O. RRSCC)).
No. 902-A. Sec. 5).
SC may designate certain branches Petition for Habeas Corpus or

of RTC to handle exclusively application for bail in criminal
criminal cases, juvenile and cases in the absence of all RTC
domestic relations cases, agrarian judges in the province or city
cases, urban land reform cases ; (B.P. Big. 129. Sec. 35).
which do not fall under the i
jurisdiction of any quasi-judicial '
bodies and agencies, and other
special cases as the SC may
determine in the interest of speedy ■
cjnd efficient administration of I
justice (B.P Big. 129. Sec. 23). '
With the SC:

Actions affecting ambassadors, ,
public ministers, and consuls.
With the SC & CA:

1. Petitions for Habeas Corpus;
2 Petitions for Quo Warranto;
3. Petitions for certiorari,
prohibition, or mandamus
against inferior courts and other
bodies; and
4. Petitions for continuing ;
mandamus.
With the SC, CA, & Sandiqanbavan:

1. Petitions for Writ of Amparo;
and
2. Petitions for Writ of Habeas .
Data.
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Regional Trial Courts Municipal TriakGourts

With the Insurance Commissioner
Single claim not exceeding
P5,000.000 (R.A. No. 10607,
otherwise known as An Act
Strengthening The Insurance
Industry. Sec. 439).
Appellate All cases decided by the MeTCs. :

MTCs and MCTCs in their :
respective territorial Jurisdiction :
I' except decisions of lower courts in
(he exercise of delegated ;
jurisdiction (Sec. 22. B.P. 129).
Delegated May be assigned by the SC to >

hear cadastral or land registration 1
cases where:
There is no controversy or
opposition over the land; or
In case of contested lands,
the value does not exceed
P100,000 (B.P. Big. 129,
Sec. 34, as amended by R.A.
No. 7691).
Exclusive Family Courts have exclusive original jurisdiction to hear and decide the
Original following civil cases:
Petitions for guardianship, custody of children, habeas corpus
involving children;
Note: The SC and the CA have not been deprived of their original
jurisdiction of such petitions (Thornton v. Thornton, G.R. No.
154598, August 16, 2004).
Petitions for adoption of children and the revocation thereof;
Complaints for annulment, and declaration of nullity of marriage and •
matters relating to marital status and property relations of husband I
and wife or those living together under different status or
agreement, and petitions for dissolution of conjugal partnership of >
gains;
Petitions for support and/or acknowledgment;
Summary judicial proceedings under the Family Code; and
6. Petition for declaration of status of children as abandoned. •
dependent, or neglected; petitions for voluntary or involuntary i
commitment of children and matters relating to the suspension, •
termination, or restoration of parental authority and other cases :
cognizable under P.D. No. 603, E.O. No. 56 series ol 1996, and'
other related laws (R.A. No. 8369 otherwise known as Family
Courts Act of 1997. Sec. 5. Pars, (b), (c), (d). (e). (f), <S (g)).
Note: Under the Family Code, the family home is deemed constituted; j
hence, no need for its constitution.
fflBEDAN IRED BOOK
•J Volume II | So'ios of 2020/21
Special Provisional Remedies:

1. In cases of violence among the family members living in the same
domicile or household, the Family Court may issue a restraining
order against the accused or defendant upon verified application by
the complainant or the victim for relief from abuse; and
2. The court may order the temporary custody of children in all civil
actions for their custody, support pendente lite, including deduction
from the salary, and use of conjugal home and other properties in all
civil actions for support (R.A. No. 8369, Sec. 7).
Note: In areas where there are no Family Courts, the above-mentioned
cases shall be adjudicated by the RTC (Sec. 17, R.A. 8369).
1. All civil actions and proceedings

between parties who are
paternity and filiation arising Muslims or have been married in
under the Code of Muslim accordance with Article 13 of the
Personal Laws; Code of Muslim Personal Laws,
2 All cases involving disposition, involving disputes relating to;
distribution and settlement of1 a. Marriage;
the estate of deceased b. Divorce recognized under this
Muslims, probate of wills, Code;
issuance of letters of c. Betrothal or breach of
administration or appointment . contract to marry;
of administrators or executors d. Customary dower (mahr);
regardless of the nature or the e. Disposition and distribution of
aggregate value of the property upon divorce;
property; f. Maintenance and support,
3. Petitions for the declaration of and consolatory gifts, (mut'a)',
absence and death and for the and
cancellation or correction of g. Restitution of marital rights
entries in the Muslim 2. All cases involving disputes
Registries; relative to communal properties
All actions arising from (P.D. No. 1083. Art. 155).
customary contracts in which Note: The provisions of all laws
the parties are Muslims, if they relative to Municipal Circuit Courts
have not specified which law shall. Io the extent that they are not
shall govern their relations; inconsistent with this Code, be
and applicable to the Shari'a Circuit
All petitions for mandamus. ' Courts (P.D. No. 1083, Art. 159).
prohibition. injunction, •
certiorari, habeas corpus, and ;
all other auxiliary writs and
processes in aid of its ;
appellate jurisdiction (P.O. No. i
1083. Art. 143).
Petitions by Muslims for the -

constitution of a family home. ,
change of name and
commitment of an insane
person to an asylum;
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actions wherein the parties |

involved are Muslims except j
those for forcible entry and I
unlawful detainer, which shall |
fall under the exclusive original .
jurisdiction of the Municipal i
Circuit Court; and
3. All special civil actions for
interpleader or declaratory ■
relief wherein the parties are •
Muslims or the property:
involved belongs exclusively to '
Muslims (P.D. No. 1083, Art. '
143).
All cases tried in the Shari'a
Circuit Courts within their territorial
jurisdiction.
Note: The Shari'a District Court
shall decide every case appealed
to it on the basis of the evidence
and records transmitted as well as
such memoranda, briofs or oral
arguments as the parties may
submit (P.D. No. 1083, Art. 144).
Q: What is the Totality of Claims Principle?

ANS: The Totality Rule states that, where (here are several claims or causes of action
between the same or different parties, embodied in the same complaint, the amount of
Ihe demand shall be the totality of the claims in all the causes of action, irrespective of
whether the causes of action arose out of the same or different transactions (B.P Big
129. Sec. 33, Par. (1)).
Q: When does the Totality of Claims Principle apply?

ANS: The Totality of Claims principle applies
1. In actions where the jurisdiction of the court is dependent on Ihe amount
involved, the test of jurisdiction shall be the aggregate sum of all the money
demands, exclusive only of interest and costs, irrespective of whether or not
Ihe separate claims are owned by or due to different parties. If any demand
Is for damages in a civil action, the amount thereof must be specifically
alleged; or
2. In cases where there are two or more plaintiffs having separate causes of
action against Iwo or more defendants joined in a complaint (Hores v.
Mallare-Philipps, G.R. No. L-66620. September 24. 1986).
Note: The Totality Rule applies under Ihe condition that the causes of action in favor of
the two or more plaintiffs or against the two or more defendants should arise out of the
same transaction or series of transactions and there should be a common question of
law or fact. (Flore v. Mallare-Philipps. G.R. No. L-66620, September 24. 1986).
■ BEDAN RED BOOK
■ Volumo II | Series of 2020/21
D. ASPECTS OF JURISDICTION
JURISDICTION OVER THE PARTIES
Q: What does jurisdiction over the parties mean?
ANS: Jurisdiction over the parties is Ihe power of the court to make decisions that are
binding on the parties (People's General Insurance Corp. v. Guansing G R No
204759, November 14. 2018)
Q: How does the court acquire jurisdiction over the plaintiff?

ANS: Jurisdiction over complainants or petitioners is acquired as soon as they file their
complaints or petitions (People's General Insurance Corp, v Guansing, G.R. No.
204759, November 14, 2018).
Q: How does the court acquire jurisdiction over the defendant?

ANS: It is settled that jurisdiction over a defendant in a civil case is acquired either
through service of summons or through voluntary appearance in court and submission
to its authority (Interlink Movie Houses Inc. v. CA, G.R. No. 203298, January 17, 2018).
JURISDICTION OVER THE SUBJECT MATTER

Q: What is the meaning of jurisdiction over the subject matter?
ANS: Jurisdiction over Ihe subject matter is the power to hear and determine cases of
the general class to which the proceedings in question belong and is conferred by the
sovereign authority which organizes the court and defines its powers (Mitsubishi Motors
v. Bureau of Customs. G.R. No. 209830, June 17, 2015).
Q: Why is jurisdiction over the subject matter substantive?

ANS: II is substantive because jurisdiction over the subject matter is conferred by law
and not by the consent or acquiescence of any or all of the parlies or by erroneous
belief of the court that it exists (Bilag v. Ay-Ay, G.R. No. 189950, April 24, 2017).
Q: What is the difference between jurisdiction and exercise of jurisdiction?

ANS: Jurisdiction may be distinguished from exercise of jurisdiction in this manner:
Jurisdiction
___
As to Its !
Jurisdiction is the authority to hear Where there is jurisdiction over
and determine a cause —the right to the person and the subject
act in a case (Herrera v. Barretto, matter, the resolution ot all other
G.R. No. 8692, September 10. 1913) questions arising in the cases is
As distinguished from the exercise of but an exercise of jurisdiction
jurisdiction. jurisdiction is the (Republic v. G Holdings. Inc.
authority to decide a case, and not G.R. No. 141241. November 22,
the decision rendered therein. 2005).
(Mangubat v. Morga-Seva, G R. No.
202611. November 23. 2015).
As to Jurisdiction over the subject matter The exercise of jurisdiction,

Governing of a case is conferred by law (Ku v. unless provided by the law itself,
law RCBC Securities Inc.. G.R. No. j is governed by the Rules of Court
219491. October 17. 2018). or by Ihe orders issued from time
I to lime by the Court (Ku v. RCBC
I Securities Inc., G.R. No. 219491.
October 17, 2018).
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Q: How is jurisdiction conferred? (UCC-PEAS)

ANS: Jurisdiction over the subject matter is conferred by the Constitution or by
law. Nothing can change the jurisdiction of the court over the subject mailer. Thal
power is a matter of legislative enactment which none, but the legislature may change
(Zamora v. CA. G.R. No. 78206, March 19, 1990). It is NOT conferred by:
1. Court’s Unilateral assumption of jurisdiction (Tolentino v. Social Security
Commission, G.R. No. L-28870, September 6, 1985);
2. gonlract (Figueroa v. People, G.R. No. 147406, July 14. 2008);
3 Compromise (Olongapo City v. Subic Water and Sewerage Co., Inc., G.R.
No. 171626. August 6. 2014);
4. Agreement of Ihe parties;
5. Erroneous belief of Ihe court that it exists (Metromedia Times Corporation v.
Pastorin, G.R. No. 154295, July 29. 2005);
6. Acquiescence of the court (Republic v. Estipular, G.R. No. 136588, July 20,
2000); or
7. §ilence. waiver, or failure to object (People v. Garfin, G.R. No. 153176,
March 29. 2004). -"
Q: What is the Doctrine of Primary Administrative Jurisdiction?

ANS: The doctrine of primary jurisdiction holds that if a case is such that its
determination requires Ihe expertise, specialized training and knowledge of an
administrative body, relief must first be obtained in an administrative proceeding before
resort to the courts is had even if the mailer may welt be within their proper jurisdiction
(Euro-Med Laboratories. Phil., Inc. v. Province of Batangas. G.R. No. 148106, July 17,
2006).
Q: What is the Doctrine of Exhaustion of Administrative Remedy?

ANS: Under the doctrine ofexhaustion of administrative remedies, before a party is
allowed to seek the intervention of ihe court, he or she should have availed himself or
herself of all the means of administrative processes afforded him or her. Hence, if reson
to a remedy within the. administrative machinery can still be made by giving the
administrative officer concerned every opportunity lo decide on a matter that comes
within his or her jurisdiction, then such remedy should be exhausted first before Ihe
court's judicial power can be sought (Maglalang v. Philippine Amusement and Gaming
Corporation. G.R. No. 190566, December 11, 2013).
Q: What is the effect of the non-observance of the Doctrine of Exhaustion of

Administrative Remedy in relation to the jurisdiction of the Courl?
ANS: Failure to observe the doctrine of exhaustion of administrative remedies does not
affect Ihe jurisdiction of Ihe court. The only effect of non-compliance with this rule is that
it will deprive Ihe complainant of a cause of action (Republic v. Gallo, G.R. No. 207074,
January 17, 2018).
Note: Motion lo dismiss, except when based on the non-waivable grounds, is now a
prohibited pleading. Failure to stale cause of action may only be used as an affirmative
defense (Revised Rules of Civil Procedure, Rule 8, Sec. 12 [hereinafter RROCJ).
Q: Enumerate the exceptions to the Doctrine of Exhaustion of Administrative

Remedy. (SLUMP-D3IE-Quo)
ANS: The following are Ihe exceplions to the Doctrine of Exhaustion of Administrative
Remedy:
1. Where the amount involved is relatively so Small as lo make the rule
impractical and oppressive;
BEDAN RED BOOK
Volumo II | Sonon of 2020/21
2. Where the question involved is purely Legal and will ultimately have to be
decided by the courts of justice;
3. Where judicial intervention is Urgent;

4. Where the issue of non-exhaustion of administrative remedies has been
rendered hfloot;
5. Where strong Public interest is involved
6 Where there is unreasonable Delay or official inaction that will irretrievably
prejudice the complainant;
7. Where the application of the doctrines may cause great and irreparable
Damage;
8. Where the controversial acts violate Que process;
9. Where the challenged administrative act is patently Illegal, amounting to
lack of jurisdiction;
10. Where there is Estoppel on the part of the party invoking the doctrine; and
11. In Quo warranto proceedings (Ejera v. Merto, G.R. No. 163109, January 22,
2014)
Q: When can a party raise the issue of jurisdiction over the subject matter?
ANS: The lack of jurisdiction of a court may be raised al any stage of the proceedings,
even on appeal (Amoguis v. Ballado, G.R. No. 199626, August 20, 2018) This may be
done by filing a motion to dismiss on the ground of lack of jurisdiction over the subject
matter (RROC. Rule 15. Sec. 12(a)(1)).
Note: The court may dismiss the case motu proprio when it appears from the pleading
or the evidence on record that the court has no jurisdiction over the subject matter
(ROC, Rule 9, Sec. 1).
Q: What is the effect of estoppel on objections to jurisdiction?

ANS: The general rule is that the issue of jurisdiction may be raised at any stage of the
proceedings, even on appeal, and is not lost by waiver or by estoppel. Estoppel by
laches, to bar a litigant from asserting the court's absence or lack of jurisdiction, only
supervenes in exceptional cases similar Io the factual milieu of Tijam v. Sibonghanoy;
that is, lack of jurisdiction must have been raised so belatedly as Io warrant the
presumption that the parly entitled to assert it had abandoned or declined to assert it.
(Figueroa v. People, G.R. No. 147406, July 14, 2008).
Q: What is the doctrine of estoppel by laches?

ANS: In the case of Tijam v. Sibonghanoy (G.R. No. L-21450. April 15, 1968), the
Supreme Court barred a belated objection to jurisdiction that was raised only when an
adverse decision was rendered by the lower court against it. It raised the issue only after
almost 15 years and after seeking affirmative relief from the court and actively
participating in all stages of the proceedings. The doctrine, as declared by the Supreme
Court, is based upon grounds of public policy xxx and is principally a question of the
inequity or unfairness of permitting a right or claim Io be enforced or asserted (1 RIANO.
supra at 74).
JURISDICTION OVER THE ISSUES

Q: What is the meaning of jurisdiction over the issue?
ANS: This is the power of the court to try and decide the issues raised in the pleadings
of the parties (Bernabe v. Vergara, G.R. No. 48652, September 16. 1942).
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Q: How is jurisdiction over the issues conferred and determined?

ANS: Jurisdiction over the issue is determined and conferred:
1. By the pleadings filed in the case by the parties (Lazo v. Republic Surety &
Ins. Co.. Inc.. G.R. No. L-27365, January 30, 1970): or
2. By stipulations of parties as when in pre-trial, the parties can enter into

stipulation of facts and documents or enter into an agreement simplifying the
issues of the case (RROC, Rule 18, Sec. 2); or
3. By waiver or failure Io object to the presentation of evidence on a matter not
raised in the pleadings (ROC, Rule 10, Sec. 5).
JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION

Q: What is the meaning of jurisdiction over the res?
ANS: Jurisdiction over the thing or res is the power of the court over an object or thing
being litigated. The court may acquire jurisdiction over the thing by actually or
constructively seizing or placing it under the court's custody (De Pedro v. Romasan
Development Corp., G.R. No. 194751, November 26. 2014).
Q: How is jurisdiction over the res acquired?

ANS: Jurisdiction over the res is acquired either:
1. By the seizure of Ihe property under legal process, whereby it is brought into
actual custody of the law (e.g. attachment), or
2. As a result of the institution of legal proceedings, in which the power of Ilie
court is recognized and made effective (e g. suits involving the status of
parties or property of a non-resident defendant) (Frias v. Alcayde. G.R. No.
194262, February 28. 2018).
JURISDICTION OVER THE REMEDIES

Q: Discuss the courts’jurisdiction over the remedies of petitions for certiorari and
prohibition.
ANS: For Ihe lower courts, writs of certiorari and prohibition may be issued only against
tribunal, board, officer, corporation, or person exercising judicial, quasi-judicial, or
ministerial functions. With respect to the Supreme Court, however, the remedies of
certiorari and prohibition are necessarily broader in scope and reach, and Ihe writ of
certiorari or prohibition may be issued to correct errors of jurisdiction committed nol only
by a tribunal, corporation, board or officer exercising judicial, quasi-judicial or ministerial
functions but also to set right, undo and restrain any act of grave abuse of discretion
amounting to lack or excess of jurisdiction by any branch or instrumentality of Ihe
Government, even if the latter does not exercise judicial, quasi-judicial or ministerial
functions (Inmates of New Bilibid Prison v. De Lima, G.R. No. 212719, Juno 25. 2019).
E. DISTINGUISH: ERROR OF JURISDICTION AND ERROR OF JUDGMENT
Q: Differentiate Error of Jurisdiction and Error of Judgment.

ANS: Error of jurisdiction and error of judgment may be differentiated as follows:
Error of Judgment
An error of jurisdiction is one An error of judgment is one in which

where the act complained of the court may commit in the
was issued by Ihe court, officer exercise of its jurisdiction (Toh v.
or a quasi-judicial body without CA, G.R. No. 140274, November
or in excess of jurisdiction, or 15. 2000). As long as the
MBEDAN RED BOOK
a Votumo II | Sanos of 2020/21
with grave abuse of discretion • respondent acted with jurisdiction,

which is tantamount to lack or in ’ any error committed by him or it in
excess of jurisdiction (Office offthe exercise thereof will amount to
the Ombudsman v. CA, G.R. !• nothing more than an error of
No. 189801. October 23, 2013). judgment (Loyola v. CA. G.R. No.
188658. January 11. 2017).
Renders a judgment void or al • The judgment cannot be considered

least voidable (Jaro v. CA, G.R. ! a nullity, and therefore, cannot be
No 127536, February 19, ! collaterally impeached. Such is
2002). ‘ binding on the parties unless
; reversed or annulled (1 RIANO,
I supra at 59).
Reviewable by the I Reviewable by appeal (Loyola v.

extraordinary writ of certiorari CA, G.R. No. 188658. January 11.
(Cabrera v. Lapid, G.R. No. 2017).
129098, December 6. 2006), or
by annulment of judgment on
the ground of lack of jurisdiction |
(ROC. Rule 47. See. 2).
F. DISTINGUISH: JURISDICTION AND VENUE

Q: What are differences between Jurisdiction and Venue in Civil Cases?
ANS: The following are the differences between Jurisdiction and Venue:
Procedural Substantive
Venue is the place where the I Jurisdiction is the power of the court
cause of action is instituted, to hear and decide a case.
heard or tried.
Il is not a ground, except in j It may be a ground for motu proprio
summary procedure. ' dismissal, provided it is subject-
matter jurisdiction that is lacking.
I
Venue may be changed by Ihe Jurisdiclion cannot be the subject of ;
written agreement of the the agreement of the parties.
parties.
It may be waived. It is conferred by law and cannot be

. waived.
I
(1 TAN. supra at 105).

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G. JURISDICTION OVER SMALL CLAIMS, CASES COVERED BY THE RULES

ON SUMMARY PROCEDURE, AND BARANGAY CONCILIATION
Q: What are the cases covered by the Rules on Small Claims, Summary
Procedure, and Barangay Conciliation?
ANS: The following are the cases covered by the Rules on Small Claims. Summary
Procedure, and Barangay Conciliation:
Rule on Small
Claims Cases
(A.M. No. < -8-7-SC)
lo&se
Cases for the ■ 1. All cases of forcible All disputes involving

payment of money• entry and unlawful parties who actually
where the value of • detainer irrespective reside in the same city
the claim does not’ of the amount of or municipality may be
exceed P400.000 for damages or unpaid the subject of the
the MeTC and. rentals sought to be proceedings for
P300.000 for MTCCs. ' recovered. Where ' amicable settlement in
MTCs, MCTCs. , attorneys fees are the barangay except:
exclusive of Interest awarded, the same 1. Where one party is
and costs, and in shall not exceed the government, or
which the claims are P20.000; and any subdivision or j
purely civil in nature 2. All other civil cases, ‘ instrumentality
whore the claim or except probate thereof;
relief prayed for by proceedings, where 2. Where one party is
the plaintiff Is solely the total amount of a public nfficnr nr j
for payment or plaintiff s claim does employee, and the ,
reimbursement of not exceed PI00,000 . dispute relates to i
sum of money. or P200.000 in Metro the performance ofj
Manila, exclusive of his official
The claim or demand ; interests and costs functions;
may he' (RRSP. See. 1(nJ). 3. Offenses
1. For money owed • punishable by
under any of the , imprisonment
following: or | exceeding one (1)
Contract year or a fine
lease; exceeding P5.000;
Contract of 4. Offenses where
loan; there is no private
Contract of offended parly;
services; Where the dispute
Contract of involves real
sale; or properties located
Contract of in different cities or
mortgage. municipalities
2. For liquidated unless the parties
damages arising thereto agree to
from contracts; submit their
3. The enforcement differences to
of a barangay amicable
amicable settlement by an
settlement or an appropriate Lupon;
arbitration award 6. Disputes involving
■BEDAN RED BOOK
■ Volumo II | Serios ol 2020/21
Rule on Small Rules on Summary Barangay Conciliation

Claims Cases | Procedure (Administrative
Q.M. No. 08-8-7-SC) | (as amended by Circular 14-93)
\ A M. No. 02-11-09-80)
involving a money parties who actually

claim covered by reside in barangays
this Rule pursuant of different cities or
to Sec. 417 of the ; municipalities.
Local Government . except where such
Code (RRSCC. | barangay units
Secs. 2 and 5). adjoin each other
and the t parlies
thereto agreei to
submit their
differences to
amicable
settlement by an
appropriate Lupon-,
and
1 Such other classes

of disputes which
the President may
determine in Ihe
interest of justice or
upon the
recommendation of
the Secretary of
Justice. The court
in which non-
i :
criminal cases» not
falling within the '
authority of the '
lupon under this
Code are filed may.
r
at any lime before ।
trial, motu proprio
refer the case to :
the lupon
concerned (or
amicable
settlement
(Administrative
Circular 14-93)
(hereinafter
Katarungang
Pambarangay]
Note: The court in
which a non-criminal
case is filed may motu
proprio refer the case,
at any time before trial,
to the Lupon concerned
for amicable settlement,
the foregoing Rules
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Rule on Small Rules on Summary ' f 'C- ncltiation

Claims Cases Procedure 1i niStrati vo
(A.M. No. 08-8-7-SC) fas amended by Circular 14-93)
A.M. No. 02-11-09-SC)
notwithstanding and
even if the case does
not fall within the
authority of the Lupon
(LOCAL
GOVERNMENT CODE.
Sec. 408).
Criminal Violations of traffic Criminal cases
Cases laws, Rules and punishable by
Covered regulations; Imprisonment of not
Violations Of the more than one (1) year
rental law; or fine of not more than
3. Violations of t P5.000 (Katarungang
municipal or city i Pambarangay).
ordinances,
Violations of B.P
Big. 22 (A.M. No. 00-
11-01-SC, April 15. i
2003);
All other criminal ,
cases where the :
penalty is
imprisonment not
exceeding six (6) I
months and/or a fine
of P 1,000
irrespective of other
penalties or civil
liabilities arising
therefrom: and
Offenses involving
damage to properly
through criminal
negligence where
the imposable fine is
not exceeding
P10,000 (RRSP.
Sec. 1(B)).
H. HO W JURISDICTION IS DETERMINED
Q: How is Jurisdiction determined? (DAECE)
ANS: Jurisdiction over the subject matter is determined by the allegations of the
complaint and the character of Ihe relief sought (Heirs of Bautista v. Lindo. G.R. No.
208232, March 10, 2014), Once vested, jurisdiction remains, irrespective of whether or
not Ihe plaintiff is entitled to recover upon all or some of the claims asserted therein
(Padlan v. Dinglasan, G.R. No. 180321, March 20. 2013).
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" Volumo II | Sortos of 2020/21
A GENERAL PROVISIONS
Q: In what courts are the Rules of Court applicable?
ANS: The Rules of Court shall apply in all courts, except as otherwise provided by the
Supreme Court (ROC. Rule 1. Sec. 2).
Q: In what actions or proceedings are the Rules of Court applicable?

ANS: The Rules of Court shall govern the procedure to be observed in actions, civil or
criminal, and special proceedings (ROC. Rule 1, Sec. 3).
Q: In what cases are the Rules of Court inapplicable?

ANS: The Rules of Court shall not apply to: (EL-CaN-lnO)
1. flection cases;
2 Land registration;
3. Cadastral;
4. Naturalization; and
5. Insolvency proceedings; and
6 Other cases not herein provided for (ROC, Rule 1, Sec. 4).
Note: The Rules, however, apply Io the above cases by analogy or in a supplelory
character and whenever practicable and convenient (ROC. Rule 1, Sec. 4).
Q: How is the Rules of Court construed?

ANS: The Rules of Court shall be liberally construed in order to promote their objective
of securing a jusl, speedy and inexpensive disposition of every action or proceeding
(ROC. Rule 1. Sec. 6). Rules of procedure are tools designed to facilitate the attainment
of justice, and courts must avoid their strict and rigid application which would result in
technicalities that lend to frustrate rather than promote substantial justice (Cabrera v.
Ng, G.R. No 201601. March 12. 2014).
Q: When is liberal construction of the rules applied?

ANS: Liberal interpretation and application of Ihe rules of procedure can be resorted to
only in proper cases and under justifiable causes and circumstances (Commissioner of
Internal Revenue v Mirant Pagbilao Corp., G.R. No. 159593. October 12, 2006). Save
for such compelling reasons, strict compliance with the rules is enjoined lo facilitate the
orderly administration of justice (Asiatrust Development Bank v. First Aikka
Development, Inc., G.R. No. 179558, June 11, 2011).
B. ACTIONS
Q: What is an Ordinary Civil Action?
ANS: It is one by which a party sues another for the enforcement or protection of a
right, or the prevention and redress of a wrong (ROC. Rule 1. Sec. 3(a)).
Q: What is a Special Civil Action?

ANS: A special civil action refers to actions which, while governed by the rules for
ordinary civil actions, arc subject lo specific Rules prescribed for under Rules 62 to 71 of
the ROC (ROC. Rule 1. Sec. 3(a)).
Q: What is a Criminal Action?

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

ANS: A special proceeding is a remedy by which a party seeks to establish a status, a
right, or a particular fact (ROC, Rule 1, Sec. 3(c))
Q: Distinguish civil actions and special proceedings.

ANS: Their distinctions are as follows:
Ordinary Action
As to Nature Generally adversarial in nature. Generally, there is no definite I

; : ' v’ There are definite parties — adverse party because it is |
plaintiff vs. defendant. directed against the whole i
t .■? . world. Special Proceedings are ,
' ' ■ ,'i' ' ' - ;
L'-' :-f either in rem or quasi in rem.
As to Purpose To protect or enforce a right or To establish a Status, a Bight,

■ prevent or redress a wrong or a particular fact (SRP) (ROC,
(ROC, Rule 1, Sec. 3, par. A). Rule 1, Sec. 3. par. c).
~ ............. j
As to II is governed by Rules for Il is governed by special Rules;
Governing ordinary civil actions (ROG, Rula supplemented oy Rules for
Rules 1, Sec. 3, par. a). ordinary civil actions (ROC,
Rule 72, Sec. 2).
As to court with It is heard by courts of general II is heard by courts of limited '
Jurisdiction jurisdiction. jurisdiction.
As to how Initiated by a pleading and Initialed by means of a petition !
Initiated parties respond through an and parties respond by means
j ' • 'i answer after being served with of an opposition after notice and
; ____ _ __ l summons. publication are made.
As to ' .[
Parties are generally allowed to Rules on pleadings generally
Applicability of file answer, counterclaim, cross not applicable.
pleadings claim. and third-party complaint.
As to Appeal The period lo appeal is only 15 , The period lo appeal is 30 days
days and notice of appeal ; and aside from a notice of
suffices. appeal, a record on appeal is
: . . ■: ■ required.
As to Cause of It is based on a cause of action | It is not based on a cause of
action * (ROC, Rule 2, Sec. 1). | action except habeas corpus.
(DE LEON & WILV,'AYCO, Special Proceedings Essentials for Bench and Bar, (2015),
2).
Q: Distinguish personal action and real action.
ANS: Personal and real action may be distinguished as follows:
As to It is an action affecting title to or | All other actions are personal

Nature possession of real property, or interest i actions (ROC, Rule 4, Sec. 2).
therein (ROC, Rule 4, Sec. 1).
As to It is a local action (1 RIANO, supra at | It is a transitory action (Id.).

Venue 198). .
BEDAN RED BOOK
Volume II | Series of 2020/21
Q: What is a local action?

ANS: II is an action to be commenced and tried in the proper court having jurisdiction
over the area wherein the real property involved, or a portion thereof, is situated
(Lacpan v. Barroga-Haigh, G.R. No. 234499, June 06, 2018), in the absence of
agreement to the contrary (BPI v. Hontanosas, Jr., G.R. No. 157163, June 25. 2014).
Q: What is a transitory action?

ANS: A transitory action is one which depends upon the residence of the plaintiff or the
defendant regardless of where the cause of action arose subject to Section 4 of Rule 4,
e.g. action to recover a sum of money (BPI v. Hontanosas, Jr.. G.R. No. 157163. June
25. 2014).
Q: What are the distinctions between action in rem, in personam, and quasi in
rem?
ANS: The following are the distinction of the actions:
Directed against the Directed against

thing itself. , particular persons.
Note: The phrase, '
"against the thing,'*;
to describe in rem i
actions is aI
metaphor. It is not
the "thing" that is Ihe
party lo an in rem I
action; only legal or
natural persons may ,
be parties even in in I
rem actions.
Judgment is binding Judgment is binding Judgment is only

only upon parties upon the whole conclusive upon the
impleaded or their I world. parties,
successors in interest.
Suits to compel a A proceeding to In an action quasi in

defendant lo determine the state I rem. an individual is
specifically perform or condition of a named as defendant
some act or actions lo thing. i and the purpose of the
fasten a pecuniary 1 • proceeding is lo
liability on him. I subject his interests
; therein to the
i obligation or loan
burdening the
, property.
Jurisdiction over the person of the defendant is required regardless of

the type of action — whether the action is in personam, in rem, or
quasi in rem (De Pedro v. Romasan Development Corp., G.R. No.
194751. November 26. 2014).
Note: Jurisdiction over the parties in an in rem and quasi in rem action
is required to satisfy the requirements of due process (De Pedro v.
Romasan Development Corp., G.R. No. 194751. November 26, 2014).
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1. Action for collection 1. Petition for 1. Suits to quiet title

of sum of money adoption; 2. Actions for ‘
and damages: 2. Correction of foreclosure; and
2. Action for unlawful entries in the birth 3. Attachment
detainer or forcibly certificate; or proceedings.
entry; I 3. Annulment of
3. Action for specific marriage;
performance. 4. Nullity of
i marriage.
G.R. No. 194262, February 28, 2018)
C. CA USE OF ACTIONS
Q: Define cause of action.
ANS: A cause of action is an act or omission by which a party violates the right of
another (ROC. Rule 2, Sec. 2).
Q: What are the elements of a cause of action? (ROA)

ANS: A cause of action has three elements:
1. A Right in favor of the plaintiff by whatever means and under whatever law it
arises or is created;
2. An Qbligalion on the part of the nameri defendant lo respect or not lo violalo
such right;
3. An Act or omission on the part of such defendant violative of the right of the
plaintiff or constituting a breach uf Ihe obligation of the defendant to Ihe
plaintiff (China Banking Corp. v. CA. G.R. No. 153267, June 23. 2005).
Q: Define right of action and give its elements. (CCP)

ANS: Right of action is Ihe right lo commence and prosecute an action to obtain Ihe
relief sought. Its elements are;
1. Existence of a £ause of action;
2. Performance uf all Conditions precedent to the bringing ol the action; and
3. Right to bring and maintain the action must be in the Persun instituting II
(Turner v Lorenzo Shipping, G.R. No. 157479, November 24, 2010).
Q: Distinguish right of action and cause of action.

ANS: Right of action is distinguished from cause of action in that Ihe former is a
remedial right belonging to some persons, while the latter is a formal statement of the
operative facts that give rise to such remedial tight. The former is a matter of right and
depends on the substantive law. while the latter is a mailer of statement and is
governed by the law of procedure (De Guzman v. CA. G.R. No. 92029-30, December
20, 1990).
Q: What is the concept of failure to state cause of action?

ANS: Failure lo state cause of action refers to the insufficiency of the allegation of the
pleading and not to the insufficiency of the factual basis of the action (Aquino v.
Quiazon, G.R. No. 201248. March 11, 2015).
g SEDAN RED BOOK
"■ Volumo II | Sonos of 2020/21
Q: State the distinction between failure to state cause of action and lack of cause
of action.
ANS: The distinctions are the following:
It can be determined only from the II can be resolved only on the

allegations in the initiatory pleading I basis of the evidence he has
and not from evidentiary or other i presented in support of his
matters aliunde. j claim.
There is failure to state a cause of! There is a lack of cause of
action where the complaint does not' action where the evidence
allege a sufficient cause of action. does not sustain the cause of
action alleged.
The ground of failure to state a : The ground of lack of cause

cause of action may be raised as an i of action is raised in a
affirmative defense in the answer i demurrer to evidence under
(RROC. Rule 8. Sec. 12). Rule 33 after the plaintiff has
Failure to raise the affirmative rested his case.
defense at the earliest opportunity
shall constitute a waiver thereof (Id.)
Il does not concern itself with the It arises precisely because

truth and falsity of the allegations in the judge has determined the
the pleading. j truth and falsity of the
allegations and has found the
। evidence wanting.
A.M. No. RTJ-02-1696. June~2O'2bd2)'
Q: What is the test of sufficiency of the cause of action?

ANS: The test of the sufficiency of the facts found in a petition as constituting a cause
of action is whether or not. admitting the facts alleged, the court can render a valid
judgment upon Ihe same in accordance with the prayer thereof (Aquino v. Quaizon,
G.R. No 201248. March 11, 2015).
Q: Define splitting of cause of action.

ANS: Splitting a single cause of action is the act of instituting two or more suits for Ihe
same cause of action (ROC. Rule 4, Sec. 4/ Splitting a cause of action is the act of
dividing a single cause of action, claim or demand into two or more parts, and bringing
suit for one of such parts only, intending to reserve the rest for another separate action
(Quadra v. CA. G.R. No 147593, July 31. 2006).
Q: What is the effect of splitting of cause of action?

ANS: If two or more suits are instituted on the basis of the same cause of action, Ihe
filing of one or a judgment on the merits in any one is available as a ground for dismissal
of Ihe others (ROC. Rule 2, Sec.4). The proper ground for dismissal should either be litis
pendentia I forum shopping or res judicata (RROC, Rule 15, Sec. 12(a)).
Q: What Is joinder of causes of action?

ANS: Joinder of causes of action means the uniting of two or more demands or rights
of action in one action; the statement of more than one cause of action in a declaration.
It is the union of Iwo or more civil causes of action, each of which could be made the
basis of a separate suit, in the same complaint, declaration or petition (Ada v. Bayion,
G.R. No 182435. August 13. 2012).
//
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Q: When is there a joinder of causes of action?

ANS: There is joinder of causes of action when a party, in one pleading, asserts, in the
alternative or otherwise, as many causes of action as he may have against an opposing
party fROC. Ru/e 2. Sec. 5).
Q: What arc the limitations of joinder of causes of action?

ANS: Joinder of causes of action is subject to the following conditions:
1. The party joining the causes of action shall comply with the rules on joinder
of patties;
2. The joinder shall not include special civil actions or actions governed by
special rules;
3. Where the causes of action are between the same parties but pertain to
different venues or jurisdiction, the joinder may be allowed in the Regional
Trial Court provided that one of Ihe causes of action falls within the
jurisdiction of said court and the venue lies therein; and
4. Where Ihe claims in all the causes of action are principally for recovery of
money, the aggregate amount claimed shall be the test of jurisdiction (ROC.
Rule 2, Sec. 5).
Note: For cases which are not principally for recovery of money, the totality rule under
B.P. 129 shall govern which provides that “where there are several claims or causes of
actions between the same or different parties, embodied in the same complaint, the
amount of the demand shall be the totality of the claims in all the causes of action,
irrespective of whether the causes of action arose out of the same or different
transactions (B.P. 129. Sec. 33(1)).
Q: When is there a misjoinder of causes of action?

ANS: There is a misjoinder of causes of action when two or more causes of action
were joined in one complaint when they should not be so joined (Perez v. Hermano.
G.R. No. 147417, July 8, 2005).
Q: What may the court or the party do when there is misjoinder of causes of
action?
ANS: When there is a misjoinder of causes of action, the erroneously joined cause of
action may be severed and proceeded with separately upon motion by a party or upon
the court's initiative (Perez v Hermano. G.R. No. 147417. July 8. 2005). II is not a
ground for Ihe dismissal of Ihe action (ROC, Rule 2, Sec. 6).
Note: If there is no objection Io the improper joinder or Ihe court did not molu propho
direct a severance, then there exists no bar in the simultaneous adjudication of all the
erroneously joined causes of action (Ada v. Bayion, G.R. No. 182435, August 13. 2012).
D. PARTIES TO A CIVIL ACTIONS

Q: Who is a real party in interest?
ANS: A real party in interest is the party who stands to be benefited or injured by the
judgment in the suit, or Ihe party entitled to the avails of the suit. Unless otherwise
authorized by Ihe law or Rules, every action must be prosecuted or defended in the
name of Ihe real party in interest (ROC. Rule 3. Sec. 2).
Note: To be a real party-in-inlerest, the interest must be 'real', which is a present
substantial interest as distinguished from a mere contingency, or a future, contingent,
subordinate, or consequential interest (Rayo v. Metrobank, G.R. No. 165142, December
10. 2007).
Q: Who is an indispensable party?

ANS: An indispensable party is a real party-in-interesl without whom no final
determination can be had of an action (ROC. Rule 3, Sec. 7). The joinder of party
J
Ijl BEDAN RED BOOK
*-* Volume II | Serios of 2020/21
becomes compulsory when the one involved is an indispensable party (Crisologo v.

JEWM Agro-Industrial Corporation, G.R. No. 196894, March 3, 2014).
Q: What is the effect of not impleading an indispensable party?

ANS: The absence of an indispensable party renders all subsequent actions of the
court null and void, for want of authority to act, not only as Io the absent parties but even
as to those present (Divinagracia v. Parilla, G.R. No. 196750. March 12, 2015). Without
their presence, the judgment of the court cannot attain real finality (Valdez-Tallorin v.
Heirs of Tarona, G.R. No. 177429, November 24. 2009).
Q: Who can be representatives of parties?

ANS: A representative may be a trustee of an express trust, a guardian, an executor or
administrator or a party authorized by law or the Rules of Court (ROC, Rule 3, Sec. 3).
The phrase "party authorized by law or these Rules include":
1. Representative of the owner in ejectment proceedings (ROC. Rule 70, Sec.
1)\
2. Co-owners of the property subject of an ejectment proceeding (CIVIL
CODE. Art. 487);
3. A receiver in connection with the property in his possession (ROC. Rule 59.
Sec. 6);
4. Judgment creditor when the debtor of the judgment debtor denies Ihe
existence of debt (ROC, Rule 39, Sec. 42); and
5. The beneficiary in a contract containing a stipulation pour autrui (CIVIL
CODE. Art. 1311).
Q: Who shall be impleaded when an action is allowed to be prosecuted or

defended by a representative?
ANS: Where the action is allowed to be prosecuted or defended by a representative or
someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the
case and shall be deemed to be the real party in interest. However, an agent acting in
his own name and for the benefit of an undisclosed principal may sue or be sued without
joining the principal (ROC, Rule 3. Sec. 3).
Note: The principal is required to be joined when the contract involves things belonging
to the principal (ROC. Rule 3. Sec. 3; CIVIL CODE. Art. 1883).
Q: Who are necessary parties?
ANS: A necessary parly is one who is not indispensable but who ought to be joined as
a parly if complete relief is to be accorded or for a complete determination or settlement
of the claim subject of the action (ROC. Rule 3, Sec. 8).
Q: Are necessary parties required to be included?

ANS: No. A necessary party is not required to be included because Iheir interests are
so far separable that a final decree can be made in their absence without affecting them
(Chua v. Torres. G.R. No. 151900, August 30. 2005). However, a necessary party
should be joined whenever possible (Borlasa v. Polistico, G.R. No. L-22909, January 28,
1925), if complete relief is to be accorded to those already parties, or for a complete
determination or settlement of the claim subject of the action (ROC, Rule 3, Sec. 8).
Q: What is the duty of the pleader whenever a necessary party is not joined?
ANS: Whenever in any pleading in which a claim is asserted, a necessary party is not
joined, the pleader shall set forth the name of the necessary party, if his name is known,
and shall state why such party is omitted. Should the court find the reason for the
omission unmeritorious, it may order the inclusion of the omitted necessary party if
jurisdiction over his person may be obtained. The failure Io comply with the order for his
inclusion, without justifiable cause, shall be deemed a waiver of the claim against such
party (ROC. Rule 3. Sec. 9).
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Q: What is the effect of the non-inclusion of a necessary party?

ANS: The non-inclusion of a necessary party does not prevent Ihe court from
proceeding in the action, and the judgment rendered therein shall be without prejudice
to the rights of such necessary party (ROC, Rule 3, Sec. 9).
Q: Who is an indigent party?

ANS: An indigent party is one who has no money or property sufficient and available
for food, shelter, and basic necessities for himself and his family. Upon ex parte
application and hearing, a party may be authorized by the court to litigate his action,
claim or defense as an indigent. Such party will be exempted from the payment of
docket fees and of transcript of stenographic notes. However, the amount of the docket
and other lawful fees shall be a lien on the judgment rendered In the case favorable to
the indigent; it will not be a lien when the court provides otherwise (ROC, Rule 3, Sec. 21).
Q: May the plaintiff implead several defendants and have inconsistent claims
against each of them?
ANS: Yes. Where the plaintiff is uncertain against who of several persons he is entitled
to relief, he may join any or all of them as defendants in the alternative, although a right
to relief against one may be inconsistent with a right to relief against the other (ROC,
Rule 3, Sec. 13).
Q: When is permissive joinder of parties allowed? (CAP)

ANS: Joinder of parties is permissive provided that the following requisites concur:
1. There is a question of law or fact Common to all plaintiffs or defendants;
2. The right to relief Arises from the same transaction or series of transactions;
and
3. The joinder is not Proscribed by Ihe provisions of Ihe Rules on jurisdiclion
and venue (ROC, Rule 3, Sec. 6).
Q: When is joinder of party compulsory?

ANS: Joinder of a party becomes compulsory when the one involved is an
indispensable party. Where an indispensable party is not a party to an action, the court
shall order that he be joined as a party to the action (ROC. Rule 3, Sec. 7).
Q: When is there a misjoinder of party?

ANS: A party is misjoined when he is made a party Io the action although he should
not be impleaded (1 RIANO, Civil Procedure, supra at 230).
Q: Define non-joinder of parties.

ANS: It means the failure Io bring a person who is a necessary party or in this case an
indispensable party into a lawsuit (Heirs of Mesina v. Heirs of Fian, Sr. G.R. No.
201316, April 8. 2013).
Q: Is the misjoinder or non-joinder of party a ground for dismissal?

ANS: Neither misjoinder or non-joinder of parties is a ground for dismissal of an action.
Parties may be dropped or added by the order of the court on motion of any parly or on
its own initiative at any stage of the action and on such terms as are just. A claim
against a misjoined party may be severed and proceeded with separately (ROC, Rule 3,
Sec. 11).
Note: However, when the court orders the adding or dropping of a party and such is not
obeyed, the ground for dismissal will be Ihe failure to comply with the court's order
(ROC. Rule 17, Sec. 3).
Q: What is a class suit?

ANS: A class suit is an action where the subject matter of the controversy is one of
common or general interest to many persons so numerous that it is impracticable to join
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■ Volumo II | Sorloa of 2020/21
all as parlies and a number of them which the court finds to be sufficiently numerous
and representative as to fully protect the interests of all concerned may sue or defend
for the benefit of all (ROC. Rule 3, Sec. 12).
Q: What are the requisites of a class suit? (CIS)

ANS: The following are the requisites of a class suit:
1. The subject matter of controversy is one of Common or general interest to
many persons;
2. The parties affected are so numerous that it is Impracticable to bring them
all to court; and
3. The parties bringing the class suit are Sufficiently numerous or
representative of the class and can fully protect the interests of all
concerned (Juana Complex I Homeowners Association, Inc. v. Fil-Estate
Land. Inc. G.R. No. 152272, March 5, 2012).
Q: How are persons associated without a juridical personality sued?

ANS: Persons associated in an entity without juridical personality may be sued under
the name by which they are generally or commonly known, but they cannot sue under
such name. In the answer of such defendant, the names and addresses of Ihe persons
composing said entity must all be revealed (ROC, Rule 3, Sec. 15).
Q: What is the effect of the death of a party litigant to the complaint?

(IS-ExecAd-G)
ANS: Where the claim in not extinguished by Ihe death of the litigant:
1. The counsel shall Inform the court of such fact within 30 days from such
death and to give the name and address of the legal representative;
2. Heirs may be Substituted for the deceased; or
3. If no legal representative is named, the court will order the opposing party to
procure the appointment of an Executor or Administrator for the estate of
the deceased; and
4 In case of minor heirs, the court may appoint a Guardian ad litem for them
(ROC, Rulo 3. Sec. 16).
Q: What are the rules when the action survives the death of the party?
ANS: It depends if the action involves a contractual money claim or not:
1 If it is a contractual money claim:
a. If the plaintiff dies - the case will continue and the heirs or legal
representatives will proceed as substitutes; or
b. If the defendant dies:
i. Before entry of final judgment - the case shall not be dismissed bul
shall be allowed lo continue until entry of final judgment (ROC,
Rule 3. Sec. 20);
ii. After entry of final judgment bul before execution - all claims
against the decedent, whether due. not due. or contingent, must
be filed within the time limited in the notice as a claim against the
estate (ROC, Rule 86, Sec. 5). The plaintiff cannot move for
execution under Rule 39; or
iii. After levy or execution but before auction sale - the property
actually levied may be sold for the satisfaction of the judgment
obligation (ROC, Rule 39, Sec. 7, par. c).
2 If it involves a non-contractual money claim or claims which are
mentioned in Section 7, Rule 86 and Section 1, Rule 87. Ihere must be
substitution (1 RIANO, supra at 238). Non-compliance with the rule on
substitution of a deceased party renders the proceedings and judgment of
the trial court infirm, because the court acquired no jurisdiction over the
persons of the legal representatives or of the heirs on whom the trial and the
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judgment would be binding (Brioso v. Rili-Mariano, G.R. No. 132765,

January 31. 2003).
Note: In an ejectment case, the non-substilution of a defendant does not
deprive the court of jurisdiction because judgment in an ejectment case.is
binding upon the party's successors-in-interest (Florendo, Jr. v. Coloma,
G.R. No, L-60544. May 19, 1984).
Q: What is the remedy if one of the co-plaintiff is unwilling to join the Case?
ANS: If the consent of any party who should be joined as plaintiff cannot be obtained,
he may be made a defendant and the reason thereof shall be stated in the complaint
E. VENUE
Q: What is the venue of real actions?
ANS: Real actions shall be commenced and tried in the proper court which has
jurisdiction over the area wherein the real property involved, or a portion thereof, is
situated (ROC. Rule 4, Sec. 1).
Q: What Is the venue of personal actions?

ANS: Personal action may be commenced and tried in the residence of the plaintiff or
any ol the principal plaintiffs, or the residence of the defendant or any of the principal
defendants, at the election of the plaintiff. (ROC. Rule 4, Sec. 2).
Q: What are the rules on venue of actions against non-residents?

ANS: The venue depends on whether the action is personal or real:
1. If the action is personal and the defendant is a non-resident, the venue is
the residence, of the plaintiff or where the nnn-resident defendant may be
found, at the election of the plaintiff (ROC. Rule 4, Sec. 2).
Note: If the action is personal and the defendant is not within the
Philippines, Ihe Court will not acquire Jurisdiction over the person of Ihe
defendant (ROC, Rule 4, Sec. 3).
2. When the action is real, and the defendant is a non-resident not found in Ihe
Philippines and the action affects the personal status of the plaintiff or any
property of the defendant in the Philippines, the venue shall be the
residence of Ihe plaintiff or where the properly or any portion thereof is
situated (ROC, Rule 4, Sec. 3).
Q: When are the rules on venue not applicable?

ANS: The Rules on venue shall not apply where:
1. The Rules or substantive law provides otherwise; or
2. The parties have validly agreed in writing before the filing of the action on
Ihe exclusive venue thereof (ROC, Rule 4. Sec. 4).
Q: When can the parties agree upon a specific venue? (WEB)

ANS: The parties may validly agree upon a specific venue which could be in a place
where neither of them resides, provided the following requisites are met:
1. The agreement must be in yj/riling;
2. There must be Exclusivity as to the selection of the venue; and
3. It must be made Before the filing of the action (ROC, Rule 4. Sec.4).
F. PLEADINGS
Q: Define pleadings.
ANS; Pleadings arc written statements of the respective claims and defenses of Ihe
parties submitted lo the court for appropriate judgment (ROC. Rule 6, Sec. 1).
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KINDS OF PLEADINGS AND WHEN THEY SHOULD BE FILED

Q: What are the pleadings allowed in ordinary civil action?
ANS: The following are the pleadings allowed:
1. Complaint;
2. Counterclaim:
3. Cross-claim:
4. Third (fourth, etc.) - party complaint;
5. Complaint-in-intervention;
6. Answer; and
7. Reply.
Note: A reply is allowed only if the defending party attaches an actionable
document Io the answer (RROC, Rule 6, Sec. 2).
Q: What is a complaint?
ANS: The complaint is a pleading alleging the plaintiffs or claiming party's cause or
causes of aclion. The names and residences of the plaintiff and Ihe defendant must be
stated in the complaint (RROC. Rule 6, Sec. 3).
Q: What is an answer?
ANS: An answer is a pleading in which a defending party sets forth his or her defenses
(ROC, Rule 6. Sec. 4)
Q: What are the defenses which a defendant may plead in his or her answer?
ANS: The defenses which a defendant may plead in his answer are negative and
affirmative defense (RROC. Rule 6. Sec. 5).
Q: What is a negative defense?

ANS: A negative defense is Ihe specific denial of the material fact or facts alleged in
Ihe pleading of the claimant essential to his or her cause or causes of action (RROC.
Rule G, Sec. 5(a)).
Q: What is a negative pregnant?

ANS: A negative pregnant is a form of negative expression which carries with it an
affirmation or al least an implication of some kind favorable Io the adverse party. Il is a
denial pregnant with an admission of the substantial facts alleged in the pleading.
Where a fact is alleged with qualifying or modifying language and the words of the
allegation as so qualified or modified are literally denied, it has been held that the
qualifying circumstances alone are denied while the fact itself is admitted (Asian
Construction and Development Corp. v. Temp Express. Inc., G.R. No. 185232,
Dccombor 1G. 2009).
Q: What are counterclaims?

ANS: A counterclaim is any claim which a defending party may have against an
opposing parly (ROC. Rule 6, Sec. 6).
Q: What is a compulsory counterclaim? (CoCo-Not -JEx)

ANS: A compulsory counterclaim is a claim which satisfies the following requisites:
1. It is Cognizable by the regular courts of justice;
2. Il arises out of. or is Connected with the transaction or uucunence
constituting the subject mailer of Ihe opposing party's claims;
3. It does Not require for its adjudication the presence of third parties of whom
the court cannot acquire jurisdiction;
4. It must be within the Jurisdiction of the court both as to the amount and the
nature thereof, except that in an original aclion before the RTC, the
counterclaim may be considered compulsory regardless of the amount
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5. It is already in Existence at the time that the defending party files his answer
(ROC. Rule 11. Sec. 8).
Q: What is a permissive counterclaim?

ANS: A counterclaim is permissive if it does not arise out of or is not necessarily
connected with the subject matter of the opposing party's claim. A permissive
counterclaim is essentially an independent claim that may be filed separately in another
case (Albe v. Malapajo, G.R. No. 198752, January 13, 2016).
Q: What are the distinctions between permissive counterclaim and compulsory

counterclaim?
ANS: The following are Ihe distinctions between a permissive counterclaim and a
compulsory counterclaim:
Permissive Counterclai
As to Basis One which does not arise out \ One which arises out of or is
of nor is it necessarily j necessarily connected with ihe
connected with Ihe subject transaction or occurrence that
. . . matter of the opposing party's i is the subject matter of the
claim. , opposing party's claim.
As to necessity of A permissive counterclaim . A compulsory counterclaim that

ah Answer must be answered by the party merely reiterates special
against whom it is interposed, defenses are deemed
Otherwise, he may be declared ' controverted evenwithout a
•In default as to the reply. In sucha case, failure to
counterclaim. ■ ansv/er may not be a cause for
a declaration of default.
As to requirement It shall be accompanied by a II does not need for such,

of certification ' certification against forum certification.
,. against forum shopping, and whenever
Shopping r required by law, also a
certificate to flic action issued
by the Lupong Tagapamayapa.
As to whether It Is' Initiatory pleading Not an initiatory pleading
. ’ itl.ilory bnnpt<-t
A permissive counterclaim may A compulsory counterclaim

failure to set up be set up as an independent shall be contained in the
the Counterclaim. action and will not be barred if answer because a compulsory
not contained in the answer to counterclaim not set up shall
the complaint. be barred.
As to effect of Payment is required. No payment is required as

Payment of rales for the filing fees is
docket fees suspended (OCA Circular No.
96-2009).
(Lafarge Cement Philippines. Inc. v. Continental Cement Corporation, G.R. No. 155173,
November 23, 2004).
Q: What is the effect on the counterclaim when the complaint is dismissed?

ANS: The nature of the counterclaim notwithstanding, the dismissal of the complaint
does not ipso jure result in the dismissal of the counterclaim, and the latter may remain
for independent adjudication of the court, provided that such counterclaim, slates a
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sufficient cause of action and does not labor under any infirmity that may warrant its
outright dismissal (Dio v. Subic Bay Marine Exploratorium Inc., G.R. No. 189532 June
11, 2014).
Q: How may a defendant prosecute a counterclaim?

ANS: The defendant is allowed to prosecute Ihe counterclaim, either in the same or a
separate action, notwithstanding the dismissal of the complaint:
1. Where the plaintiff himself files a motion to dismiss his own complaint after
the defendant has filed an answer with counterclaim, the dismissal shall be
without prejudice to the right of the defendant to prosecute his or her
counterclaim in a separate action, unless within 15 calendar days from
notice of Ihe motion, he or she manifests his preference to have his
counterclaim resolved in the same action (ROC, Rule 17, Sec. 2); or
2. Where the complaint is dismissed due to the plaintiffs fault and al Ihe time
when a counterclaim has already been set up. the dismissal is also without
prejudice to the right of the defendant Io prosecute his counterclaim in the
same or separate action (ROC, Rule 17, Sec. 3).
Q: What is a cross-claim?
ANS: A cross-claim is any claim by one party against a co-party arising out of the
transaction or occurrence that is the subject mailer either of the original action or of a
counterclaim therein. Such cross-claim may cover all or part of the original claim
(RROC. Rule 6. Sec. 8).
Q: What is a third (fourth, etc.J-party complaint?

ANS: A third (fourth, elc.)-party complaint Is a claim that a defending party may, wilh
leave of court, file against a person not a parly lo Ihe action, called the third (fourth, etc)-
party defendant for contribution, indemnity, subrogation, or any other relief, in respect of
his or her opponent’s claim (RROC, Rule 6. Sec. 11).
Note: A third (fourth. elc.)-party complaint mud bo filed wilh a motion for loave ac this
pleading requires leave of court (RROC. Rule 6, Sec. 11).
Q: When shall a third (fourth, ctc.)-party complaint be denied admission?

ANS: The third (fourth, elc.)-party complaint shall be denied admission where:
1. A third (fourth, etc.)-party defendant cannot be located within 30 calendar
days from the grant of such leave;
2 Matter extraneous lo the issue in the principal case are raised; or
3. The effect would be to introduce a new and separate controversy into Ihe
action (RROC. Rule 6. Sec. 11).
Q: What is the effect of denial of a third (fourth, etc.)-party complaint?
ANS: The court shall require Ihe defendant lo institute a separate action (RROC, Rule
6. Sec. 11).
Q: What is a complaint-in-intervcntion?
ANS: A complainl-in-inlervenlion refers to a pleading filed by a third person who is not
a party lo the action but having an interest in the matter of the litigation and asserting a
claim against either or all of the original parties to Ihe action. Such party may. with leave
of court, become a party lo the pending action (ROC, Rule 19, Sec. 1).
Note: A complaint-in-intervention must be filed with a motion for leave as this pleading
requires leave of court (ROC, Rule 19, Sec. 1).
Q: What is a reply?
ANS: A reply is a pleading responding to an answer. It is a responsive pleading, Ihe
office and function of which is to deny, or allege facts in denial or avoidance of new
mailers in, or relating to. said actionable document (RROC, Rule 6, Sec. 10).
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Q: When can a plaintiff file a reply?

ANS: The plaintiff may file a reply only if the defending party attaches an actionable
document to his or her answer. (RROC, Rule 6, Sec. 10).
Q: How can a plaintiff respond to new matters alleged in the answer if the latter
does not involve an actionable document?
ANS: As a rule. Ihe plaintiff is not required to respond because all new matters alleged
in the answer are deemed controverted. However, if the plaintiff wishes to interpose any
claims arising out of the new matters so alleged, such claims shall be set forth in an
amended or supplemental complaint. (RROC, Rule 6, Sec. 10).
Q: How can a defendant respond to a reply with an actionable document attached

to it?
ANS: In the event of an actionable document attached to the reply, the defendant may
file a rejoinder if the same is based solely on an actionable document (RROC, Rule 6.
Sec. 10).
Q: What are the pleadings allowed in small claims cases? (SRC)

ANS: The pleadings allowed in small claims cases are the;
1. statement of Claim (RRSCC, Sec. 6);
2. Verified Response (RRSCC, Sec. 13)', and
3. Qounler-claim In the response (RRSCC, Sec. 15).
i •
Q: Can a defendant in a small claims case file a permissive counterclaim?
ANS: Yes. The Rule of Procedure for Small Claims Cases provides that Ihe defendant
may also elect to file a counterclaim against the plaintiff that does not arise out of Ihe
same transaclipn or occurrence, provided that the amount and nature thereof are within
the coverage of aforesaid Rule and Ihe prescribed docket fees and other legal fees are
paid. Thus, permissive counterclaim is allowed subject to the limitation stated (RRSCC,
Sec. 15).
Q: What pleadings are allowed in cases governed by the Rules on Summary

Procedure? (CCCA)
ANS: The only pleadings allowed under this Rule, which must all be verified, are:
1. Complaint.
2. Compulsory counterclaims pleaded in the answer;
3. £ross claims pleaded in the answer; and
4. Answer (RRSP, Sec. 3. par. (a)).
PARTS AND CONTENTS OF PLEADINGS

Q: What is a caption?
ANS: The caption is the part of the pleading which contains the namo of Ihe court. Ihe
title of the action which indicates the names of the parties, and the docket number, if
assigned (ROC, Rule 7. Sec. 1).
Q: Are pleadings required to be signed with the address of the pleader?

ANS: Yes. Every pleading and other written submissions to the court must be signed
by the party or counsel representing him or her (RROC, Rule 7. Sec. 3(a)).
Note: Under the Revised Rules of Civil Procedure, not only pleadings are required lo
be signed but also all other written submissions, such as motions (RROC, Rule 7, Sec.
3(a)).
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Q: What does the signature of a counsel in a pleading certify? (CB-IWED)

ANS: The signature of a counsel constitutes a Certificate by him or her that he or she
has read the pleading and document; that lo the Best of his or her knowledge,
information, and belief, formed after an inquiry reasonable under the circumstances:
1. It is not being presented for any Improper purpose, such as lo harass, cause
unnecessary delay, or needlessly increase Ihe cost of litigation;
2. The claims, defenses, and other legal contentions are Warranted by existing
law or jurisprudence, or by non-frivolous argument for extending, modifying,
or reversing existing jurisprudence;
3. The factual contentions have Evidentiary support or, if specifically so
identified, will likely have evidentiary support after availment of the modes of
discovery under these rules; and
4. The Denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of
information (RROC, Rule 7, Sec. 3(b)).
Q: What is the effect where a pleading is unsigned, or where the matters certified
by the counsel's signature turns out to be untrue?
ANS: The Court, after it determines either molu proprio or on motion, that the rule has
been violated, may impose an appropriate sanction or refer such violation to the proper
office for disciplinary action, on any attorney, law firm, or party that violated Ihe rule, or
is responsible for the violation. Absent any exceptional circumstances, a law firm shall
be held jointly and severally liable for a violation committed by its partner, associate, or
employee (RROC. Rule 7, Sec. 3(c)).
Note: The provision giving the court the discretion lo allow an unsigned pleading to be
remedied, if it shall appear thal the same was due lo mere inadvertence and not
intended for delay, no longer appears under the Revised Rules of Civil Procedure
Q: What sanctions may the Court mete out for violation of the rules on
signatures?
ANS: The sanctions may include, but shall not be limited to:
1. Non-monetary directive or sanction;
2. An order to pay a penalty in court; or
3. If imposed on motion and warranted for effective deterrence, an order
directing payment lo Ihe movant of part or all of the reasonable attorney’s
fees and other expenses directly resulting from the violation, including
attorney's fees for the filing of the motion for sanction (RROC. Rule 7, Sec.
3(c))
Q: What Is the general rule as to the verification of pleadings?

ANS: The general rule is thal pleadings need not to be under oath or verified, except
when otherwise specifically required by law or rule (RROC. Rule 7. Sec 4).
Q: How arc pleadings verified? (TNC)

ANS: A pleading is verified by an affidavit of an affiant duly authorized to sign said
verification. The authorization of the affiant to act on behalf of a party, whether in the
form of a secretary's certificate or a special power of atlorney, should be attached lo the
pleading, and shall allege the following attestations:
1 The allegations in Ihe pleading are True and correct based on his or her
personal knowledge, or based on authentic documents;
2. The pleading is Not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; and
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3. The factual allegations therein have Evidentiary support or, if specifically so

identified, will likewise have evidentiary support after a reasonable
opportunity for discovery (RROC, Rule 7, Sec. 4).
Q: What is the effect of non-compliance with the requirement of verification?

ANS: A pleading thal lacks a proper verification shall be treated as an unsigned
pleading (RROC. Rule 7, Sec. 4).
Q: What is certification against forum shopping? (COL)

ANS: The certification against forum shopping is a mandatory requirement in filing an
initiatory pleading and is executed by the plaintiff or the principal parly and not by his
counsel (Eagle Star Security Services, Inc. v. Mirando, G.R. No. 179512, July 30 2009).
The plaintiff or the principal party shall certify under oath:
1. That the party has not Commenced any action or filed any claim involving
the same issues in any court, tribunal or quasi-judicial agency and, thal to
the best of his knowledge no such other action or claim is pending;
2. That if there is such Other pending action or claim, a complete statement of
the present status thereof; and
3. That if he or she should therefore Learn that the same or similar action or
claim has been filed or is pending, he shall report that fact within 5 calendar
days therefrom to the. court where his aforesaid complaint or initiatory
pleading lias b.een filed (RROC, Rule 7, Sec b).
Q: What Is the test to determine the presence of foiurn shopping? (PRR)

ANS: In determining the presence of forum shopping, the test should be whether in the
two or more cases pending there is:
1. Identity of Parties;
2. Identity of Rights asserted and relief prayed for; and
3. Identity of two preceding particulars is such that any judgment rendered in
the pending case, regardless of which parly is successful, would amount to
Res judicata in the other case (Grace Park International Corporation v.
EaslWest Banking Corporation, G.R. No. 210605, July 27, 2016).
Q: What is the effect of non-compllance with the rule on forum shopping?

ANS: The failure to comply with the required certification results in a defective
complaint and shall be a cause for dismissal of Ihe action without prejudice, unless
otherwise provided, upon motion after hearing (RROC. Rule 7. Sec. 5).
Note: The defect resulting from the failure to comply with the rule on forum shopping
shall not be curable by mere amendment (RROC, Rulo 7, Sec. 5).
Q: What is the requirement before the court may motu proprlo dismiss a
complaint on the ground of non-compliance with the rule on non-forum shopping?
ANS: The Rule requires that the dismissal be upon motion and after hearing (RROC,
Rule 7, Sec. 5).
Q: What is the effect of the submission of a false certification or non-compliance

with any of the undertakings in the certificate of non-forum shopping?
ANS: It will constitute an indirect contempt of court, without prejudice to corresponding
administrative and criminal actions (RROC. Rule 7. Sec. 5).
Q: What are the effects if the act done by the party or counsel willfully and
deliberately constitutes forum shopping? (SAD)
ANS: The effects are as follows:
1. The same shall be a ground for Summary dismissal with prejudice;
2. It will be a ground for Administrative sanctions; and
3. It shall constitute Direct contempt (RROC Rule 7, Sec. 5).
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Q: What is the rule if the verification or the certification of non-forum shopping is

made by a person authorized to act on behalf of the party?
ANS: The party shall prove that the affiant acting on his behalf Is authorized to verify or
certify the pleading. This is done by attaching the authorization of the affiant, whether in
the form of secretary's certificate or a special power of attorney to the pleading required
to be verified or certified (RROC, Rule 7, Sec. 4 and Sec. 5).
Q: What must be contained in a pleading?

ANS: Every pleading must contain the following:
1. Paragraphs;
2. Heading;
3. Relief;
4. Date; (ROC. Rule 7, Sec. 2)
5. Names of witnesses who will be presented to prove a parly’s claim or
defense;
6. Summary of the witnesses' intended testimonies, provided that the judicial
affidavits of said witnesses shall be attached to the pleading and form an
integral part thereof; and
7 Documentary and object evidence in support of the allegations contained in
the pleading (RROC, Rule 7. Sec. 6).
ALLEGATIONS IN A PLEADING
Q: Discuss the manner of making an allegation.
ANS: Every pleading shall contain in a methodical and logical form, a plain, concise and
direct statement of the ultimate facts, including the evidence on which the party pleading
relies for his or her claim or defense, as the case may be (RROC, Rule 8, Sec. 1).
Q: What are ultimate facts?
ANS: Ultimate facts are the essential facts constituting the plaintiffs cause of action, or
such facts as are so essential that they cannot be stricken out without leaving the
statement of the cause of action inadequate (Canete v. Genuine Ice Co., G.R. No.
154080, January 22. 2008).
Q: Is tho picador required to have evidence in connection with his claim or

defense in a pleading at the time it is filed?
ANS: Yes. The party is required lo include in his pleading the evidence on which the
parly pleader relies for his or her claim or defense (RROC, Rule 8. Sec. 1). This
evidence may be documentary or object evidence, in which case, it must be contained
in the pleading (RROC, Rulo 7, Sec. 6). If the evidence Is testimonial, the party pleader
is required to include in his pleadings the names of witnesses who will be presented lo
prove the party's claim or defense and tho summary of the wilnessos' intended
testimony (RROC, Rule 7, Sec. 5).
Q: Arc Judicial affidavits required to be attached to the pleading?

ANS: Yes. The judicial affidavits of witnesses shall be attached lo the pleading and
form an integral part thereof. Only witnesses whose judicial affidavits are attached lo the
pleadings shall be presented by the parties during trial.
Note: Except if a party presents meritorious reasons as basis for the admission of
additional witnesses, no other witness or affidavit shall be heard or admitted by the court
(RROC, Rulo 7, Sec. 6).
Q: How are conditions precedent pleaded?

ANS: Where there are matters that must be complied with before a cause of action will
arise, a general averment of the performance or occurrence of all such conditions
precedent shall suffice (ROC, Rule 8, Sec. 3).
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Q: How are fraud or mistake pleaded?

ANS: In pleading fraud or mistake, the circumstances constituting such fraud or
mistake must be slated with particularity (ROC, Rule 8, Sec. 5).
Q: How are malice, intent, knowledge, and other conditions of the mind pleaded?
ANS: In pleading malice, intent, knowledge, or other conditions of the mind of a
person, the same may be averred generally given the difficulty in stating the particulars
constituting these matters (ROC, Rule 8, Sec. 5).
Q: How is a judgment pleaded?

ANS: In pleading a judgment or decision of a domestic or foreign court, judicial or
quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or
decision without setting forth matter showing jurisdiction lo render it. An authenticated
copy of the judgment or decision shall be attached to the pleading (RROC, Rule 8, Sec. 6).
Q: Discuss the manner of pleading official documents or acts.

ANS: In pleading an official document or official act, it is sufficient to aver that the
document was issued or the act was done in compliance with law (ROC. Rule 8. Sec 9)
Q: What is an actionable document?

ANS: An "actionable document" is a written instrument or document on which an action
or defense is founded (Metropolitan Bank and Trust Corporation v. Ley Construction and
Development Corporation, G.R. No. 185590, December 03, 2014).
Q: How Is an actionable document pleaded?

ANS: An actionable document may be pleaded by selling forth the substance of such
document or instrument and the original or a copy thereof shall be attached to Ihe
pleading as an exhibit, which shall be deemed to be a part of the pleading (RROC, Rule
8. Sec. 7).
Q: May an actionable document be pleaded by only copying the contents of the

document?
ANS: No. Under the Revised Rules of Civil Procedure, the only manner of pleading an
actionable document is by setting forth the contents of Ihe actionable document in the
pleading and attaching the original or a copy of tho actionable document (RROC, Rule
8, Sec. 7).
Q: How may a party contest an actionable document?

ANS: When an action or defense is founded upon a written instrument or attached lo
the corresponding pleading, the adverse party may contest such actionable document
by specifically denying them under oath and setting forth what he or she claims to be the
facts (RROC. Rule 8, Sec. 8).
Q: What are the exceptions to the requirement of an oath in contesting actionable

documents?
ANS: The exceptions are:
1. When the adverse party does not appear to be a party to the instrument; or
2. When compliance with an order for an inspection of the original instrument is
refused (RROC, Rule 8, Sec 8); or
3. Where the verified complaint contested the actionable document, the
defendants were placed on adequate notice that they would be called upon
during trial to prove the genuineness or due execution of the disputed
actionable document (Titan Construction v. David, Sr., G.R. No. 169548,
March 15, 2010).
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Q: What is the effect of failure to contest the actionable document by specific

denial?
ANS: Failure to contest the actionable document will result in Ihe genuineness and due
execution of the document being admitted (RROC, Rule 8, Sec. 8).
Q: What does the admission of genuineness mean?

ANS: The admission of the genuineness of a document means that the party whose
signature it bears admits:
1. That he voluntarily signed the document or it was signed by another for him
and with his authority; and
2. Thal at the time it was signed it was in words and figures exactly as set out
in the pleading of the party relying upon it (Go Tong Electric Supply Co.,
Inc., v. BPI Family Savings Bank, Inc., G.R. No. 187487. June 29, 2015).
Q: What does the admission of due execution mean?

ANS: The admission of due execution of a document means:
1. That the document was delivered; and
2. That any formalities required by law. such as a seal, an acknowledgment, or
revenue stamp, which it lacks, are waived by him (Go Tong Electric Supply
Co.. Inc., v. BPI Family Savings Bank, Inc., G.R. No. 187487, June 29. 2015).
Q: What defenses arc waived if a party fails to specifically deny an actionable

document?
ANS: Failure to specifically deny effectively eliminated any defense relating to the
authenticity and due execution of the document, e.g., that the document was spurious,
counterfeit, or of different import on its (ace as the one executed by Ihe parties; or that
the signatures appearing thereon were forgeries; or that the signatures were
unauthorized (Go Tong Electric Supply Co.. Inc., v. BPI Family Savings Bank, Inc.. G.R.
No. 187487, June 29. 2015).
Q: What are the types of specific denials? (APD)

ANS: The three types of specific denial are:
1. Absolute denial;
2. Partial denial; and
3 Denial by Disavowal of knowledge (Republic v. Gimenez. G.R. No 1746 73,
January 11. 2016).
Note: A party raising any type of denial as negative defense is required to include
evidence in support of his or her defense (RROC, Rule 8, Sec. 1).
Q: What Is an absolute denial?

ANS: There is an absolute denial when the defendant specifies each material
allegation of fact Ihe truth of which he or she does not admit and whenever practicable,
he or she shall sei forth the substance of the matters upon which he or she relies to
support such denial (ROC, Rule 8. Sec. 10).
Q: What Is a partial denial?
ANS: There is partial denial when Ihe defendant does not make a total denial of the
material allegations in a specific paragraph, denying only a part of the averment. In
doing so, he or she shall specify so much of it as is true and material and shall deny
only the remaining (ROC, Rule 8, Sec. 10).
Q: What is a denial by disavowal of knowledge?

ANS: There is a denial by disavowal of knowledge when Ihe defendant alleges having
no knowledge or information sufficient to form a belief as to the truth of a material
averment made in the complaint (ROC, Rule 8. Sec. 10). Such denial must be made in
good faith (Warner Barnes & Co., Lid. v. Reyes, G.R. No. L-9531, May 14, 1958).
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Q: What Is a general denial?

ANS: If the denial does not fall within the scope of the abovementioned kinds of a
specific denial, it shall be considered a general denial which is considered as an
admission of the averment not specifically denied (Republic v. Gimenez, G.R. No.
174673. January 11. 2016).
Q: What is the effect of the failure to make a specific denial?

ANS: Material averments in a pleading asserting a claim or claims, other than those as
to the amount of unliquidated damages, shall be deemed admitted when not specifically
denied (RROC, Rule 0, Sec. 11).
Q: What are the instances where specific denial is not required? (ACN)
ANS: The following are nol deemed admitted by the failure to make a specific denial:
1. Amount of unliquidated damages (RROC. Rule 8. Sec. 11):
2. Conclusions in a pleading which do not have to be denied at all because
only ultimate facts need be alleged in a pleading; and
3. Non-malerial averments or allegations are not deemed admitted because
only material allegations have to be denied (REGALADO, supra at 183).
Q: What is an affirmative defense?
ANS: An affiimalive defense is an allegation of new matter which. while hypothetically
admitting the material allegations in the pleading of the claimant, would nevertheless
prevent or bar recovery by him or her (RROC. Rule G, Sec. 5(h))
Q: How is an affirmative defense pleaded?

ANS: An affirmative defense shall be raised by the defendant in his or her own answer.
Failure to raise the affirmative defense at the earliest opportunity shall constitute a
waiver thereof (RROC, Rule 8. Sec. 12(a); Sec. 12(b)).
Q: Enumerate the affirmative defenses allowed by the Rules.

ANS: Affirmative defenses shall be limited to ihe following reasons:
1. Under Rule 6. Sec. 5(b). paragraph 1. RROC:
a. Fraud;
b. Statute of limitations;
c. Release;
d. Payment;
e. Illegality;
f. Statute of frauds;
g. Estoppel;
h. Former recovery,
i. Discharge in bankruptcy; and
j. Other matter by way of confession and avoidance
2. Under Rule 6, Sec. 5(b). paragraph 2, RROC:
a. That the court has no jurisdiction over the subject matter
b. Thal there is another action pending between the same parties (or the
same cause; or
c. That the action is barred by prior judgment
3. Under Rule 8, Section 12, RROC:
a. That the court has no jurisdiction over the person of the defending
party;
b. That the venue is improperly laid;
c. That the plaintiff as no legal capacity to sue;
d. That the pleading asserting a claim states no cause of action; and
e. That condition precedent for filing the claim has nol been complied with.
Note: The above-mentioned affirmative defenses are no longer a ground for a motion
to dismiss exceot statute of limitations (orescrintion) and those under the second
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paragraph of Rule 6, Sec. 5(b) (RROC, Rule 15, Sec. 12). These grounds are non-
waivable (ROC, Rule 9, Sec. 1).
Q: What are proper court actions in resolving affirmative defenses?

ANS: The proper court actions are as follows:
1. The court shall motu proprio resolve the affirmative defenses wilhin 30
calendar days from the filing of the answer (RROC. Rule 8, Sec. 12(c)).
2. If the ground falls under the first paragraph of Rule 6, Sec. 5(b), the court
may conduct a summary hearing within fifteen 15 calendar days from the
filing of the answer. Such affirmative defenses shall be resolved by the
court within 30 calendar days from the termination of the summary hearing
(RROC. Rule 8. Sec. 12(d)).
Note: A motion for reconsideration of the court's action on affirmative defenses is a
prohibited motion and shall not be allowed (RROC. Rule 15. Sec. 12(c)).
Q: Is a motion to hear affirmative defenses allowed?

ANS: No. A motion to hear affirmative defenses is a prohibited motion and shall not be
allowed (RROC. Rule 15. Sec. 12(b)).
Q: What is the remedy of a defendant whose affirmative defense Is denied?

ANS: The remedy of the defendant is to raise Ihe matter on appeal after judgment on
the merits. An affirmative defense, if denied, shall not be the subject of a motion for
reconsideration or petition for certiorari, prohibition or mandamus (RROC. Rule 8. Sec.
12(e)).
Q: Can a party set forth statements of claim in the alternative or hypothetically?

ANS: Yes. A party may set forth two or more statements of a claim or defense
alternatively or hypothetically, either in one cause of action or defense or in separate
causes of action or defenses (ROC. Rule 8. Sec. 2).
Q: What is the effect of the Insufficiency of one or more statements of claims

pleaded In the alternative to the sufficiency of the other statements of claim?
ANS: When two or more statements are made in the alternative and one of them if
made independently would be sufficient, Ihe pleading is not made insufficient by the
insufficiency of one or more of the alternative statements (ROC. Rule 8. Sec. 2).
EFFECT OF FAILURE TO PLEAD

Q: Discuss the effect of failure to plead defenses and objections.
ANS: As a general rule, defenses and objections not pleaded either in a motion to
dismiss or in the answer are deemed waived. However, there shall be no waiver of
defenses and objections when it appears from the pleadings or the evidence on record:
1. That the court has no jurisdiction over the subject mailer;
2. Thal Ihere is another aclion pending between Ihe same parties for Ihe same
cause (litis pendentia);
3. Thal Ihe action is barred by prior judgment (res judicata)', or
4. Thal the aclion is barred by statute of limitation (prescription) (ROC. Rule 9.
Sec. 1).
Noto: The above defenses may be raised al any stage of Ihe proceedings. unless
barred by laches or estoppel (Tijam v. Sibonghanoy, G.R. No. L-21450. April 15, 1968)
Q: What is the effect of failure to plead compulsory counterclaim or cross-claim.

ANS: A compulsory counterclaim, or a cross-claim, not set up shall be barred (ROC,
Rule 9. Sec. 2).
Note: When a pleader fails to set up a counterclaim or a cross-claim through oversight,
inadvertence, excusable negligence, or when justice requires, he or she may. by leave
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of court, sel-up the counterclaim by amendment to Ihe pleadings before judgment

(ROC, Rule 11. Sec. 10).
DEFAULT
Q. Define default.
ANS: There is default if the defending party fails Io answer within Ihe time allowed
therefor (ROC. Rule 9, Sec. 1).
Q; When is the declaration of default proper? (JAM-N-PH)

ANS: The following must be present before the court shall order the defendant in
default:
1. The court must have validly acquired jurisdiction over the person of the
defendant either by service of summons or voluntary appearance;
2. The defendant fails to Answer within the time allowed therefor;
3. There must be a potion Io declare the defendant in default filed by the
claiming party;
4. There must be police to Ihe defendant by serving upon him a copy of such
motion
5 There must be £roof of such failure In answer; and
6 . There must be a Hearing to declare the defendant in default (RROC. Rulo 9,
Sec. 3).
Q: What ara the effects of an Order of Default. (SNG)

ANS: The order of default has the following effects:
1. The party declared in default loses his Standing in court preventing him from
taking part in the trial (Lui Enterprise Inc. v. Zuellig Pharma Corporation,
G.R. No. 193494. March 07, 2014);
2. The party in default shall still be entitled to Notice of subsequent
proceedings (RROC, Rule 9, Sec. 3); and
3. The court shall proceed Io render judgment Granting the claimant such relief
as his or her pleading may warrant, unless the court in its discretion requires
the claimant to submit evidence. Such reception of evidence may be
delegated to the clerk of court (RROC, Rule 9. Sec. 3).
Note: A parly in default may testify and may be cited as a witness by his co-delendants
having standing in court (Cavili v. Florencio. G.R. No. 73039. October 9. 1987).
Q: What are the remedies available to a party who has been declared in default?
ANS: The manner of relief is dependent upon the lime Ihe defending party obtained
knowledge of the Order of default.
1. If Ihe defendant obtains a notice of Ihe declaration of dofaull before Ihe
court renders a default judgment, the defendant may file, under oath, a
motion to set aside order of default upon showing that his or her failure lo
answer was due to fraud, accident, mistake, or excusable negligence, and
that he or she has a meritorious defense (RROC. Rulo 9. Sec. 3(b));
2. If the defendant discovers his or her default after judgment but prior lo the
judgment becoming final and executory, he or she may file a motion for new
trial under Rule 37 lo assail a default on Ihe grounds of fraud, accident,
mistake, or excusable negligence which ordinary prudence could not have
guarded against and by reason of which such aggrieved has probably been
impaired in his rights (ROC. Rule 37, Sec. 1. par. a); or
3. If he or she discovers his or her default after the judgment has become final
and executory, a petition for relief from judgment under Rule 38 may be filed
to assail a default judgment on the grounds of fraud, accident, mistake, or
excusable negligence (ROC. Rule 3d, Sec. 1).
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Note: The remedies of the motion to set aside order of default, motion for new trial, and
petition for relief from judgment are mutually exclusive, not alternative or cumulative;
meaning, a defendant declared in default may avail of only one of the three
remedies (Lui Enterprise Inc. v. Zuellig Pharma Corp., G.R. No. 193494. March 12. 2014).
Q: Can a defaulting party file a petition for certiorari to assail the order of default?
ANS: Yes. A petition for certiorari may also be filed if the trial court declared the
defendant in default with grave abuse of discretion (Lui Enterprise v. Zuellig Pharma
Corp., G.R. No. 193494, March 12. 2014).
Q: Can the defaulting party appeal the judgment by default?

ANS: Yes. The defaulting party can appeal the judgment by default on the ground that
the plaintiff failed to prove the material allegations of the complaint, or that the decision
is contrary to law, even without need of the prior filing of a motion to set aside the order
of default. However, a defaulting party is proscribed from seeking a modification or
reversal of the assailed decision on the basis of the evidence submitted by him in the
CA, for if it were otherwise, he would thereby be allowed to regain his right to adduce
evidence, a right which he lost in the trial court when he was declared in default, and
which he failed to have vacated (Royal Plains View Inc. v. Mejia. G.R. No 230832,
November 12. 2018).
Q: What is the effect of a partial default?

ANS: Where a pleading asserts a claim against several defendants and some of whom
answer and the other fails to do so, the court shall try (he case against all the defending
parlies based on the answers filed and render judgment on Ihe evidence presented
where Ihe claim slates a common cause of action against them (RROC. Rule 9. Sec. 3(c)).
Q: What is the extent of relief that may be awarded against a defendant in default?
ANS: Where the defendant is declared in default and subsequently judgment is
rendered against him. such judgment shall not exceed Ihe amount or be different in kind
from that prayed for nor award unliquidated damages (RROC, Rule 9. Sec. 3(d)).
Q: Which actions prohibit a declaration of default? (ANS4)

ANS: The following actions do not allow a party Io be declared in default:
1. An action for Annulment of marriage;
2. The declaration of Nullity of a marriage;
3 An action for legal Separation;
a. Note: In Ihe first three instances, the court shall order Ihe Solicitor General
or his or her deputized public prosecutor to investigate whether or not
collusion exists between the parties. If there is no collusion, Ihe court shall
order said Solicitor General or his or her deputized public prosecutor to
intervene for the State in order to see to it that the evidence submitted is not
fabricated (RROC, Rule 9, Sec. 3(e)).
4. In Special civil actions for certiorari, prohibition, and mandamus where a
comment instead of an answer is required to be filed (ROC, Rule 65, Sec. 6);
5. In Small claims (RRSCC); and
6. In cases under Summary procedure (RRSP).
FILING AND SERVICE OF PLEADINGS

Q: Is payment of docket fees jurisdictional?
ANS: Yes. Payment of docket fees is both mandatory and jurisdictional (National
Transmission Commission v. Ebesa, G.R. No 186102, February 24, 2016). When an
action is filed, the filing must be accompanied by the payment of the requisite docket
and filing fees Jurisdiction over the case is acquired only upon payment of the
prescribed fees (NesU6 PHL v. FY Sons, Inc., G.R. No. 150780, May 5. 2006).
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Q: What is the effect of non-payment of the docket fees?

ANS: Non-payment of docket fees will prevent the court from acquiring jurisdiction over
the case as jurisdiction is vested only upon the payment of the prescribed docket fees
(Manchester Development Corp. v. CA, G.R. No. 75919, May 7, 1987). However, if it is
shown that a party has demonstrated his willingness to comply with the rules by paying
additional docket fees, the court may allow payment of Ihe fee within a reasonable lime
but in no case beyond the applicable prescriptive or reglementary period (Sun Insurance
Office. Ltd. v. Asuncion. G.R. No. 79937, February 13, 1989).
Note: The relaxed rule on the payment of docket fees as enunciated in the case of Sun
Insurance will not apply if there is a showing that the non-payment of the correct docket
fees is done with intent to defraud the government (Sun Insurance Office Ltd. v.
Asuncion, G.R. No. 79937, February 13, 1989).
Q: Differentiate filing and service of pleadings.

ANS: Filing is the act of submitting the pleading or other paper to the court. Service is
the act of providing a party with a copy of the pleading or any other court submission
(RROC, Rule 13. Sec. 2).
Q: What are the papers or other documents required to be filed and served?
ANS: Every judgment, resolution, order, pleading subsequent to the complaint, written
motion, notice, appearance, demand, offer of judgment or similar papers shall be filed
with the court, and served upon the parlies affected (ROC. Rule 13. Sec. 4).
Q: What is the period fur filing a responsive pleading?

ANS: The following shall be the reglementary period for filing a pleading:
Within 30 calendar days after senyice of summons, unless a

different period is fixed by the court [RROC, Rule 11. Sec. 1).
1. If it has a resident agent - within 30 calendar days after the

service of summons Io such agent (RROC. Rule 11. Sec. 1,
Rule 14, Sec. 12);
2. If it has no resident agent but it has an agent or officer in
the Philippines - within 30 calendar days after service of
summons to said agent or officer (RROC. Rulo 11, Sec. 1; Rule
14. Sec. 12); nr
3. If it has no resident agent, agent or officer - Ihe service of
summons shall be made on the proper government office which
will then forward it by registered mail within 10 days to the
corporation’s office. The answer must be filed within 60
calendaOr days after receipt of the summons by the entity
1. If the amendment is a matter of right, within 30 calendar
days after Ihe service of the amended complaint.
2. If the amendment is not a matter of right, the answer must
be filed within 15 calendar days from notice of the order
admitting the same.
Note: This Rule shall apply to the answer to an amended
counterclaim, amended cross-claim, amended third (fourth, etc.)-
party complaint, and amended complaint-in-intervention (RROC.
Rule 11. Sec. 3).
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Within 20 calendar days from service (RPOC, Rule 11, Sec. 4).
The period to answer shall be Ihe same as the periods given in

answering a complaint which shall either be 15, 20, 30 or 60
calendar days as Ihe case may be (RROC, Rule 11. Sec. 5).
If allowed, within 15 calendar days from the service of the

pleading responded lo (RROC, Rule 11, Sec. 6).
Within 20 calendar days from notice of the order admitting the

supplemental complaint, unless a different period is fixed by the
court (RROC. Rule 11, Sec. 7).
Within 10 days from service of summons (RRSP, Sec. 5).
Q: When can a defendant be granted an additional time to file an answer?

ANS: A defendant may. for meritorious reasons, be granted an additional period of not
more than 30 calendar days to file an answer. However, a defendant is only allowed to
file 1 motion for extension of time to file an answer (RROC, Rule 11, Sec. 11).
Note: A motion for extension to file any pleading, other than an answer, Is prohibited
and considered a mere scrap of paper. The court, however, may allow any other
pleading to be filed after the time fixed by these Rules (RROC, Rule 11, Sec. 11).
Q: What are the manners of filing a pleading and other court submission?
ANS: The manners of filing a pleading and other court submissions are as follows:
a®'.-":'‘ [mITI*. Ej
Submitting personally the The clerk of court shall

' ■■
original thereof, plainly indicated endorse on the pleading the
as such, to the court. dale and hour of filing.
»» Sending
mail.
them by registered The date as shown by the post
office stamp on the envelope :
or Ihe registry receipt.
Sending them by accredited The dale as shown by the post

courier. office stamp on the envelope '
or the registry receipt.
Transmitting them by electronic The date of electronic

mail or other electronic means transmission.
as may be authorized by the I
Court in places where the court
is electronically equipped.
_ _________
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San Bcda Law-RGCT Bar Oporations Center IIS
Q: How are pleadings and court submissions served? (PeRA-EFO-l)

ANS: Pleadings, motions, notices, orders, judgments, and other court submissions
shall be served:
1. By Personal service;
2. By Registered mail;
3. By Recredited courier;
4. By Electronic mail, facsimile transmission, filher electronic means as may
be authorized by the Court; or
b. As provided for in International conventions to which the Philippines is a
party (RROC, Rulo 13, Sec. 5).
Q: How is personal service of court submissions done? (POR)

ANS: It is made by:
1. By Personal delivery of a copy to the party or to the party's counsel, or to
their authorized representative named in the appropriate pleading or motion;
2. By leaving it In his or her Qffice with his or her clerk, or with a person having
charge thereof; or.
3. If no person is found in his or her office, or his or her office is not known, or
he or she has no office, then by leaving the copy, between the hours of
eight in the morning and six in the evening, at the party’s or counsel’s
Residence, if known, with a person of sufficient ago and discretion residing
therein (RROC, Rule 13, Sec. 6).
Note: The personal service Is the preferred mode of service (De Pedro v. Romasan
Development Corporation, G.R. No. 194751, November 26, 2014).
Q: How Is service by registered mail of court submissions made? (PSORPI)

ANS: Service by registered mail shall be made:
1. By depositing the copy in Ihe Rost office;
2. In a Sealed envelope;
3 Plainly addressed to.the party or lo Ihe party's counsel al his or her Office, if
known;
4. Otherwise, at his or her Residence, if known;
5. With postage fully Pre-paid; and
6 With Instructions to the postmaster to return the mail lo the sender after 10
calendar days if undelivered (ROC, Rule 13, Sec. 7).
Note: Service by way of registered mall is the preferred mode of mailing (Aberca v.
Ver, G.R. No. 166216, March 14. 2012).
Q: When may a party avail of service by ordinary mall?

ANS: If no registered service is available in the locality of cither Ihe sender or the
addressee, service may be done by ordinary mail (ROC. Rule 13, Sec. 7).
Q: When is substituted service of pleading and other court submissions allowed?

ANS: This mode is allowed only when there is failure lo effect service either personally
or by mail when the office and residence of the party or counsel is unknown. II is
effected by the delivery of the copy to the clerk of court, with proof of failure of both
personal service and service by mail (ROC, Rule 13, Sec. 6).
Q: Is service by private courier allowed?

ANS: Yes. Service may be made by private courier provided that they are accredited
(RROC, Rule 13. Sec. 5).
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™ Volume II | Serios or 2020/21
Q: When is service of pleading and other court submissions by electronic mail or

facsimile allowed?
ANS: Service by electronic means and facsimile shall be allowed if the party concerned
consents to such modes of service (RROC, Rule 13, Sec. 9).
Q: How is service of pleading and other court submissions by electronic mail

made?
ANS: Service by electronic means shall be made by sending an e-mail to the party's or
counsel's electronic mail address, or through other electronic means of transmission as
Ihe parties may agree on, or upon direction of the court (RROC, Rule 13, Sec. 9).
Q: How is service by facsimile made?

ANS: Service by facsimile shall be made by sending a facsimile copy to Ihe party's or
counsel’s given facsimile number (RROC, Rule 13, Sec. 9)
Q: What must a party do in case he or she changes an electronic mail address or

facsimile number during the pendency of the case?
ANS: A party who changes his or her electronic mail address or facsimile number while
the action is pending must promptly file, within 5 calendar days from such change, a
notice of change of e-mail address or facsimile number with the court and serve the
notice on all other parties (RROC. Rule 13, Sec. 11).
Q: When will there be a presumptive service of court submissions through

electronic means or facsimile?
ANS: There shall be presumptive notice to a party of a court setting if such notice
appears on the records to have been mailed:
1 At least 20 calendar days prior to the scheduled date of hearing and if the
addressee Is from within the same judicial region of the court where the
case is pending, or
2. At least 30 calendar days if the addressee is from outside the judicial region
(RROC, Rule 13. Sec. 10); or,
3. If a party fails to notify the court as lo Ihe change in electronic mail address
or facsimile number (RROC, Rule 13, Sec. 11).
Q: How are judgments, final orders or resolutions of courts arc served?

ANS: Judgments, final orders, or resolutions shall be served either personally or by
registered mail. Upon ex parte motion of any party in the case, a copy of the judgment,
final order, or resolution may be delivered by accredited courier at the expense of such
party. When a party summoned by publication has failed to appear in the action,
judgments, final orders or resolutions against him or her shall be served upon him or her
also by moans of publication al the expense of the prevailing party (RROC. Rule 13.
Sec. 13).
Q: How are court-issued orders and other documents served?

ANS: The court may electronically serve orders and other documents to all the parties
in the case which shall have the same effect and validity as provided hrrnin A paper
copy of the order or other document electronically served shall be retained and attached
to Ihe record of the case (RROC, Rule 13, Sec. 18).
Q: What pleadings or other documents must strictly be filed and served only by
personal service or by registered mail?
ANS: Notwithstanding the other modes of filing and service, the following orders,
pleadings, and documents, must be served or filed personally or by registered mail
when allowed, and shall not be served or filed electronically, unless express permission
is granted by the Court.
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1. Initiatory pleadings and initial responsive pleadings, such as an answer;

2. Subpoena, protection orders, and writs;
3. Appendices and exhibits to motions, or other documents that are not readily
amenable to electronic scanning may, at the option of the party filing such,
be Filed and served conventionally; and
4. Sealed and confidential documents or records (RROC. Rule 13, Sec. 14).
Q: When is service of pleadings and other court submissions deemed complete?

ANS: In determining whether service is complete, the following rules shall apply:
1. Personal service is complete upon actual delivery;
2. Service by ordinary mail is complete upon the expiration of 10 calendar days
after mailing, unless the court otherwise provides;
3. Service by registered mail is complete upon actual receipt by the addressee,
or after 5 calendar days from the date he or she received the first notice of
the postmaster, whichever date is earlier
4. Service by accredited courier is complete upon actual receipt by the
addressee, or after at least 2 attempts to deliver by the courier service, or
upon the expiration of 5 calendar days after the first attempt to deliver,
whichever is earlier
5. Electronic service is complete at the time of the electronic transmission of
the document, or when available, at the time that the electronic notification
of service of the document is sent;
Note: Electronic service is not effective or complete if the party serving the
document learns that it did not reach the addressee or person to be served.
6. Service by facsimile transmission is complete upon receipt by the other
party, as indicated in the facsimile transmission printout (RROC, Rule 13.
Sec. 15).
Q: How is the filing of pleadings and other court submissions proved?

ANS: The filing of a pleading or any other court submission shall be proved by ils
existence in the record of Ihe case. If it is not in the record of the case. Ihe filing shall be
proved:
1. If filed personally: the filing shall be proven by the written or stamped
acknowledgment of ils filing by the clerk of court on a copy of the pleading
or court submission;
2. If filed by registered mail: the filing shall be proven by the registry receipt
and by the affidavit of Ihe person who mailed il. containing a full statement
of:
a. The date and place of deposit of Ihe mail in Ihe post office in a sealed
envelope addressed to the court;
b. Wilh postage fully prepaid; and
c. With instructions to the postmaster lo return the mail to Iho sender after
10 calendar days if nol delivered.
3. If filed by an accredited courier services: the filing shall be proven by an
affidavit of service of Ihe person who brought the pleading or other
document to Ihe service provider, together wilh the courier’s official receipt
and document tracking number;
4. If filed by an electronic mail: the same shall be proven by an affidavit of
electronic filing of the filing party accompanied by a paper copy of Ihe
pleading or other document transmitted or a written or stamped
acknowledgment of its filing by the clerk of court; and
5. If filed through oilier authorized electronic means: the same shall be proven
by an affidavit of electronic filing of the filing party accompanied by a copy of
the electronic acknowledgment of ils filing by the court (RROC, Rule 13.
Sec. 16).
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“ Volumo II | Series of 2020/21
■ Z<W^
Q: How is service of pleadings and other court submissions proved? (ARA)
ANS; The following rules shall apply to prove service of Ihe pleadings and other court
submissions:
1. Proof of personal service - shall consist of:
a. The written Admission of the party served; or
b. The official Return of the server, or
c. The Affidavit of Ihe party serving containing full information of the date,
place and manner of the service.
2. Proof of service by registered mail - proved by the affidavit of the person
mailing of facts showing compliance with Section 7 of Rule 13 and Ihe
registry receipt issued by the mailing office. The registry return card shall be
filed immediately upon its receipt by the sender, or in lieu (hereof the
unclaimed letter together with the certified or sworn copy of the notice given
by the postmaster to the addressee;
3. Proof of service by ordinary mail - service shall be proved by the affidavit of
Ihe mailer showing compliance with Section 7 of Rule 13
4. Proof of service by accredited courier service - Proof shall be made by an
affidavit of service executed by the person who brought Ihe pleading or
paper to the service provider, together with the courier's official receipt or
document tracking number; and
5. Proof of service by electronic mail, facsimile, or other authorized electronic
means of transmission - Proof shall be made by an affidavit of service
executed by the person who sent the email, facsimile, or other electronic
transmission, together with a printed proof of transmittal (RROC. Rule 13.
Sec. 17).
AMENDMENT
Q: How are pleadings amended?
ANS: Pleadings may be amended by adding or striking out an allegation or the name
of any parly, or by correcting a mistake in Ihe name of a parly or a mistaken or
inadequate allegation or description in any other respect, so that the actual merits of the
controversy may speedily be determined, without regard to technicalities, in Ihe most
expeditious and inexpensive manner (ROC, Rule 10. Sec. 1). Amendment may be a
matter of right or with leave of court (ROC, Rule 10. Secs. 2 and 3)
Q: When Is an amendment a matter of right?

ANS: An amendment is a matter of right if it is made at any time before a responsive
pleading is served, or. in the case of a reply, al any time within 10 calendar days after it
is served (ROC. Rulo 10. Sec ?)
Q: Can a plaintiff still amend his complaint as a matter of right against a non-
answering defendant even If the other defendants have filed their answer?
ANS: Yes. where some but not all Ihe defendants have answered, the plaintiff may still
amend its complaint once, as a mailer of right, in respect to claims asserted solely
against Ihe non-answering defendant, but not as to claims asserted against the other
defendants (Remington Industrial Sales Corp. v. CA, G.R. No. 133657. May 29. 2002).
Q: What is the effect of filing a motion to dismiss as to the right of the plaintiff to
amend his complaint as a matter of right?
ANS: A motion to dismiss is a motion and is not a responsive pleading (ROC, Rule 10.
Sec. 2). Hence, the right granted to the plaintiff under procedural law to amend the
complaint before an answer has been served is not precluded by the filing of a motion to
dismiss or any other proceeding contesting its sufficiency. Were we lo conclude
otherwise, the right to amend a pleading under Section 2, Rule 10 will be rendered
nugatory and ineffectual, since all that a defendant has lo do to foreclose this remedial
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right is to challenge the adequacy of the complaint before he files an answer

(Remington Industrial Sales Corp. v. CA. G.R. No. 133657, May 29, 2002).
Q: When is an amendment required to have leave of court?

ANS: Where a substantial amendment is sought to be made after a responsive
pleading has already been served, it is necessary for the party seeking such
amendment to obtain leave of court. A motion must be filed in court with notice to the
adverse party who shall be afforded the opportunity to be heard (RROC, Rule 10. Sec.
3).
Note: The amended pleading must be filed together with the motion fur leave lo amend
pleading (ROC, Rule 15. Sec. 10).
Q: In what instances may a court refuse to grant leave to amend a pleading?

ANS: The Court may refuse to grant leave to amend pleading in the following cases:
1. If the motion was made with intent to delay;
2. If the amendment is to confer jurisdiction to the court; or
3. The pleading staled no cause of action from the beginning which could be
amended (RROC, Rule 10, Sec. 3).
Note: Amendment to confer Jurisdiction to the court or to a pleading that states no
cause of action is allowed if the amendment is a matter of right (Remington Industrial
Sales Corp. v. CA, G.R. No. 133657, May 29, 2002).
Q: What is the effect if issues that are not raised in the pleadings are tried with the
express or implied consent of the party?
ANS: When issues not raised by the pleadings are tried with the express or implied
consent of the parties, they shall be treated in all respects as if they had been raised in
the pleadings (RROC, Rule 10, Sec. 5).
Note: No amendment of such pleadings deemed amended is necessary to cause them
to conform lo the evidence (RROC, Rule 10. Sec. 5).
Q: What is a formal amendment?

ANS: A formal amendment cures a defect in Ihe designation of the parlies and other
clearly clerical or typographical errors. Said defect and errors may be summarily
corrected by the court at any stage of Ihe action, at its initiative or on motion, provided
no prejudice is caused to Ihe adverse party (ROC. Rule 10. Sec. ri).
Q: Enumerate the effects of an amended pleading. (SEW)

ANS: An amended pleading has the following effects:
1. Amended pleading shall Supersede the pleading it amended;
2. Admissions in the superseded pleading can still be received in evidence
against the pleader but as an Extrajudicial admission which must be formally
offered in evidence; and
3. Claims or defenses alleged in the superseded pleading which are not
incorporated in the amended pleading are deemed lo have been Waived
Q: What is a supplemental pleading?

ANS: A supplemental pleading is one which sets forth transactions, occurrences, or
events which have happened since the date of the pleading sought lo be supplemented,
its filing shall require leave of court through the filing of a corresponding motion, upon
reasonable notice (ROC. Rule 10, Sec. 6).
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G. SUMMONS
NATURE AND PURPOSE OF SUMMONS
Q: Discuss the purpose of summons in relation to action in personam, in rem, and
quasi in rem.
ANS: In actions in personam, the purpose of summons is (1) to notify the defendant
of Ihe action against him and (2) to acquire jurisdiction over his person (Alba v. CA, G.R.
No. 164041, July 29. 2005). In action in rem and action quasi in rem, the purpose of
summons in such action is not the acquisition of jurisdiction over the defendant but
mainly lo satisfy the constitutional requirement of due process (Macasaet v. Co, G.R.
No. 156759, June 5, 2013).
Q: When is summons issued?

ANS: Unless the complaint is on its face dismissible under Section 1, Rule 9, the court
shall, within 5 calendar days from receipt of Ihe initiatory pleading and proof of payment
of the requisite legal fees, direct Ihe clerk of court to issue the corresponding summons
to the defendants (RROC. Rule 14. Sec. 1).
Note: The grounds under Sec.1, Rule 9 are res judicata, litis pendenlia. prescription,
and lack of jurisdiction over the subject matter.
Q: What are the contents of a summons?

ANS: The summons shall be directed to the defendant, signed by the clerk of court
under seal, and contain:
1. The name of the court and the names of the parties to the action;
2 When authorized by the court upon ex parte molion, an authorization for the
plaintiff to serve summons to the defendant;
3. A direction that the defendant answer within Ihe time fixed by these Rules;
and
4. A notice that unless the defendant so answers, plaintiff will lake judgment by
default and may be granted the relief applied for (RROC,Rule 14, Sec. 2).
Q; Within what period shall the service of summons be completed?

ANS: Within 30 calendar days from issuance of summons by Ihe clerk of court and
receipt thereof, Ihe sheriff or process server, or person authorized by Ihe court, shall
complete its service (RROC, Rule 14, Sec. 20).
Q: How Is a return made?

ANS: A return is made by filing the same with the court and serving a copy of the
rolurn to Ihe plaintiff's counsel, personally, by registered mail, or by electronic means
authorized by Ihe Rules. Should subslituled service be effected, the return shall slate
Ihe following:
1. The impossibility of prompt personal service within a period of 30 calendar
days from issue and receipt of summons;
2. The date and lime of the 3 attempts on al least 2 different dates to cause
personal service and the details of Ihe inquiries made to locate the
defendant residing thereal; and
3. The name of the person at least 18 years of age and of sufficient discretion
residing thereat, name of competent person in charge of the
defendant's office or regular place of business, or name of the officer of the
homeowners' association or condominium corporation or ils chief security
officer in charge of Ihe community or building where the defendant may be
found.
Note: The return must be made within 5 calendar days from service of summons
(RROC. Rule 14. Sec 20).
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VOLUNTARY APPEARANCE
Q: What constitutes a voluntary appearance and submission to the authority of
the court?
ANS: As a general proposition, one who seeks an affirmative relief is deemed to have
submitted to the jurisdiction of Ihe court. It is by reason of this rule thal the Court have
had occasion to declare that the filing of motions In admit answer, for additional time to
file answer, for reconsideration of a default judgment, and to lift order of default with
motion for reconsideration, is considered voluntary submission io the court's jurisdiction
(Philippine Commercial International Bank v. Spouses Dy, G.R. No. 171137, June 5,
2009).
Q: What is the effect of a voluntary appearance?
ANS: Where the defendant makes a voluntary appearance in the action, it shall be the
equivalent to service of summons and jurisdiction is acquired over him (RROC. Rule 14,
Sec. 23).
Q: In what instance will the filing of the pleading seeking affirmative relief not
constitute as a submission of one’s person to the jurisdiction of the court?
ANS: A party who makes a special appearance to challenge, among others, the court's
jurisdiction over his person cannot be considered to have submitted lo its authority
(Rapid City Realty and Development Corp. v. Spouses Villa, G.R. No. 184197. February
11,2010).
Q; What is a special appearance?

ANS: There is a special appearance when the defendant appears before the court for
Ihe purpose of objecting to Ihe jurisdiction of the court over Ihe person of the defendant
(Garcia v. Sandiganbayan. G.R. No. 170122, October 12. 2009)
Q; What is the effect on the special appearance if the defendant includes other
grounds for dismissal aside .from lack of jurisdiction over the person of Ihe
defendant?
ANS: The appearance shall be deemed voluntary The inclusion in a motion lo dismiss
of other grounds aside fiuin lack of jurisdiction over Ihe person of the defendant shall
be deemed a voluntary appearance (RROC, Rule 14. Sec. 23).
Q: What is the duty of the counsel who made a special appearance on behalf of a
defendant to question the validity of the service of summons?
ANS: Where Ihe summons is improperly served and a lawyer makes a special
appearance on behalf of the defendant to, among others, question Ilie validity of service
of summons, the counsel shall be deputized by the court to serve summons on his or
her client (RROC. Rule 14, Sec. 13).
Q: Who may serve summons?

ANS: Summons may be served by:
1. Sheriff, his or her deputy, or other proper court officer;
2. Plaintiff, together with the sheriff, upon the authority of the court, in case of
failure of service of summons by the sheriff, his or her deputy, or other
proper court officer;
3. In cases where summons is lo be served outside the judicial region of Ihe
court where the case is pending, the plaintiff shall be authorized lo cause
the service of summons (RROC. Rule 14, Sec. 3)
4. Where the summons is improperly served and a lawyer makes a special
appearance on behalf of the defendant to. among others, question Ihe
validity of service of summons, the counsel shall be deputized by the court
to serve summons on his or her client (RROC, Rule 14, Sec. 13).
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PERSONAL SERVICE
Q: How is service of summons in person made?
ANS: Service in person is made either:
1. By handing a copy thereof to the defendant in person and informing the
defendant that he or she is being served; or
2. By leaving the summons within the view and in the presence of the
defendant if he or she refuse to receive or sign for it (RROC, Rule 14. Sec.
5).
Note: Regardless of the type of action - whether it is in personam, in rem or quasi in
rem - the preferred mode of service of summons is personal service (De Pedro v.
Romasan. G.R. No 194751, November 26. 2014).
SUBSTITUTED SERVICE
Q: When is substituted service of summons allowed?
ANS: Substituted service is allowed only if, for justifiable causes, the defendant cannot
be served personally after at least 3 attempts on 2 different dates (RROC. Rule 14, Sec.
6).
Q: How is substituted service of summons made?

ANS: Substituted service may be effected:
1. By leaving copies of the summons at the defendant's residence Io a person
at least 18 years of age and of sufficient discretion residing therein;
2. By leaving copies of the summons al the defendant's office or regular place
of business with some competent person in charge thereof;
3. By leaving copies of the summons, if refused entry upon making his or her
authority and purpose known, with any of the officers of Ihe homeowners'
association or condominium corporation, or its chief security officer in
charge of the community or the building where the defendant may be found;
and
4 By sending an electronic mail to the defendant's electronic mail address, if
allowed by the court (RROC. Rule 14. Sec. 6).
Q: Who is a competent person in charge with the defendant’s office or regular

place of business?
ANS: A competent person includes, but is not limited to. one who customarily receives
correspondences for the defendant (RROC. Rule 6(b)).
CONSTRUCTIVE SERVICE
Q: How is service of summons upon a defendant whose identity or whereabouts
are unknown made?
ANS: In any action where Ihe defendant is designated as an unknown owner, or the
like, or whenever his or her whereabouls are unknown and cannot be ascertained by
diligent inquiry, within 90 calendar days from Ihe commencement of Ihe action, service
may. by leave of court, be effected upon him or her by publication in a newspaper
of general circulation and in such places and for such lime as the court may order
(RROC, Rule 14, Sec. 16).
Note: Any order granting such leave shall specify a reasonable time, which shall not be
less than 60 calendar days after notice, within which the defendant must answer
EXTRATERRITORIAL SERVICE, WHEN ALLOWED

Q: When may extraterritorial service be availed of?
ANS: Extraterritorial service may be availed of under Sections 17 and 18 of Rule 14.
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1. Section 17. A non-resident not found in the Philippines named as a

defendant in an action in rem or quasi in rem may, with leave of court, be
the subject of extraterritorial service of summons in the following ways:
a. By personal service of summons done outside the Philippines;
b. By any means provided for in international conventions to which the
Philippines is a party; of
c. By publication In a newspaper of general circulation In such places and
for such time as the court may order, in which case a copy of the
summons and order of the court shall be sent by registered mail Io Ihe
last known address of the defendant, or
d. In any other manner the court may deem sufficient.
Note: The specific actions which are either in rem or quasi in rem that will
justify extraterritorial service of summons in actions involving a non-resident
are. (AREA)
i. Actions that Affect the personal status of the plaintiff;
ii. Actions which Relate to. or the subject matter of which is property
within the Philippines, in which the defendant claims a lien or
interest, actual or contingent;
iii. Actions in which the relief demanded consists, wholly or in part, in
Excluding the defendant from an interest in property located in the
Philippines, and
iv. When the defendant's property has been Attached in Ihe
Philippines.
Note: Any order granting such leave shall specify a reasonable time,
which shall not be less than 60 calendar days after notice, within which
Ihe defendant must answer (RROC, Rule 14. Sec. 17).
2. Section 18. A resident who is temporarily out of the Philippines named as a
defendant in any action (in rem, quasi in rem. and in personam) may, wilh
leave of court, be the subject of extraterritorial service in the same ways as
above mentioned (ROC, Rule 14, Sec. 18).
SERVICE UPON PRISONERS OR MINORS, UPON SPOUSE

Q: How is service of summons upon prisoners made?
ANS: When the defendant is a prisoner confined in a jail or institution, service shall he
effected upon him or her by the officer having the management of such jail or institution
who is deemed as a special sheriff for said purpose. The jail warden shall file a return
within 5 calendar days from service of summons to the defendant (RROC, Rule 14, Sec
8).
Q: How is service of summons upon minors or incompetents made?

ANS: When Ihe defendant is a minor, insane or otherwise an incornpetenl person,
service of summons shall be made upon him or her personally and on his or her legal
guardian if he or she has one, or if none, upon his or her guardian ad litem whose
appointment shall be applied for by the plaintiff. In the case of a minor, service shall be
made on his or her parent or guardian (RROC, Rule 14, Sec. 10).
Q: How is service upon spouses made?

ANS: When spouses are sued jointly, service of summons should be made to each
spouse individually (RROC, Rule 14, Sec. 11).
Note: Husband and wife shall sue or be sued jointly, except as provided by law (ROC,
Rule 3. Sec. 4). The exceptions to the rule are as follows:
1. A spouse without just cause abandons the other or fails to comply with his
or her obligations to the family with respect to the marital, parental, or
property relations (FAMILY CODE, Arts. 101 and 108);
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2. A spouse or age may mortgage, encumber, alienates or otherwise dispose

of his or her exclusive property, without the consent of the other spouse,
and appear alone in court to litigate wilh regard the same (FAMILY CODE.
Art. 111); and
3. The regime of separation of property governs the property relations of the
spouses (FAMILY CODE. Art. 145).
SERVICE UPON DOMESTIC AND FOREIGN PRIVATE JURIDICAL ENTITIES

Q: How Is summons served in a domestic private juridical entity?
ANS: When Ihe defendant is a corporation, partnership or association organized under
the laws of the Philippines wilh a juridical personality, service may be made on.
1. The president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel of the corporation wherever they may be
found, or in their absence or unavailability, on their secretaries;
2. The person who customarily receives the correspondence for ihe defendant
at its principal office, if such service cannol be made upon any of the above-
mentioned persons.
3. The receiver or liquidator, as the case may be. in case the domestic juridical
entity is under receivership or liquidation (RROC. Rule 14, Sec. 12).
Q: What is the effect of refusal of the above-named persons to receive the

summons?
ANS: II there is refusal to receive summons despite al least 3 attempts on 2 different
dates, service may be made electronically, if allowed by Ihe court, as provided under
Section 6 of this Rule (RROC. Rule 14. Sec. 12).
Q: How is summons served on a foreign private juridical entity?

ANS: Il depends. When the defendant is a foreign private juridical entity which has
transacted or is doing business in the Philippines, as defined by law. service may be
made on ils resident agent designated in accordance with law for thal purpose, or, if
there be no such agent, on the government official designated by law to that effect, or
on any of ils officers, agents, directors or trustees within the Philippines.
If the foreign private juridical entity is not registered in the Philippines, or has no
resident agent but has transacted or is doing business in it, as defined by law. such
service may. wilh leave of court, be effected outside of the Philippines through any of
the following means:
1. By personal service coursed through the appropriate court in the foreign
country wilh Ihe assistance of Ihe department of foreign affairs;
2. By publication once in a newspaper of general circulation in the country
where Ihe defendant may be found and by serving a copy of the summons
and the court order by registered mail at the last known address of the
defendant;
3. By facsimile;
4. By electronic means with the prescribed proof of service; or
5. By such olher means as the court, in its discretion, may direct (RROC. Rule
14, Sec. 14).
PROOF OF SERVICE
Q: How is service of summons proved?
ANS: Service of summons may be proved by applying the following rules:
1. The proof of service shall be made in writing by Ihe server and shall state
the: (MP3)
a. Manner of service;
b. Place and date of service;
c. Specify any accompanying Papers; and
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d. Name of the Person who received the summons. It shall be sworn to if

made by a person other than a sheriff or his or her deputy (RROC, Rule
14. Sec. 21).
2. If summons was served by electronic mail, a printout of said e-mail, with a
copy of the summons as served, and the affidavit of the person mailing,
shall constitute as proof of service (RROC, Rule 14, Sec. 21)
3. Where service is by publication, it may be proved by the
a. Affidavit of the publisher, editor, business or advertising manager, to
which affidavit a copy of the publication shall be attached; and by an
b. Affidavit showing the deposit of a copy of the summons and order for
publication in the post office, postage prepaid, directed to the
defendant by registered mail to his or her last known address (RROC,
Rule 14, Sec. 22).
H. MOTIONS
Q: What is a motion?
ANS: A motion is an application for relief other than by a pleading (ROC, Rule 15. Sec. 1).
Q: What is the form of a motion?

ANS: All motions shall be in writing except those made in npen court or in the course of
a hearing or trial (RROC. Rule 15. Sec. 2, par. 1).
Note; A motion made in open court or in Ihe course ol a hearing or trial should
immediately be resolved in open court, after the adverse party is given the opportunity lo
argue his or her opposition thereto (RROC, Rule 15. Sec. 2. par. 2).
Q: What must be contained in a motion?

ANS: A motion shall state Ihe relief sought to be obtained and the grounds upon which
it is based, and if required by these Rules or necessary to prove facts alleged therein,
shall be accompanied by supporting affidavits and other papers (ROC. Rule 15. Sec. 3).
Q: Distinguish a motion and a pleading.

ANS: Motions and pleadings may be distinguished as follov/s:
Motion
As to To apply for relief other than by a To submit a claim or defense for

Purpose pleading. (ROC, Rule 15, Sec. 1). appropriate judgment. (ROC,
Rulo 6. Sue. 1).
As to being They cannot be initiatory as they May be initiatory.

Initiatory are always made in a case
already filed in court.
As to the May be filed even after judgment. Always filed before judgment.
Time of filing
As to the Any application for relief not by a Only 9 kinds of pleadings are !
Kinds allowed pleading is a motion (ROC. Rule allowed by the Rules (RROC., i
15, Sec. 1). Rulo 6, Sec. 2).
As to Form Generally written but may be oral Must be written (ROC.. Rule 6..
when made in open court or in • Sec. 1).
the course of the hearing or trial
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Q: What are non-litigious motions?

ANS: Non-litigious motions are motions which the court may act upon without
prejudicing the rights of adverse parties. These motions shall not be set for hearing and
shall be resolved by the court within 5 calendar days from receipt thereof (RROC Rule
15, Sec. 4).
Q: Give examples of non-litigious motions.

ANS: Non-litigious motions include:
1. Motion for Ihe issuance of an alias summons;
2. Motion for extension to file answer;
3. Motion for postponement;
4. Motion for the issuance of a writ of execution;
5. Motion for the issuance of an alias writ of execution;
6. Motion for the issuance of a writ of possession;
7. Motion for the issuance of an order directing the sheriff to execute the final
certificate of sale; and
8. Other similar motions (RROC. Rule 15, Sec. 4).
Q: What are litigious motions?

ANS: Litigious motions are one which requires the parlies to be heard before a ruling
on the motion is made by the court (1 RIANO. supra al 350) All litigious motions shall be
served by personal service, accredited private courier or registered mail, or electronic
means so as to ensure their receipt by the other party (RROC, Rule 15. Sec 5).
Q: Give examples of litigious motions.

ANS: Litigious motions include:
1. Motion for bill of particulars;
2 Motionto dismiss;
3 Motion for new trial;
4. Motion for reconsideration;
5 Motion for execution pending appeal;
6. Motion to amend after a responsive pleading has been filed;
7. Motion to cancel statutory lien;
8. Motion to break in or for a writ of demolition;
9. Motion for intervention;
10. Motion for judgment on Ihe pleadings;
11 Motion for summary judgment;
12 Demurrer to evidence;
13. Motion Io declare Ihe defendant in default;
14. Other similar motions (RROC, Rule 15, Sec. 5)
Q: Is the court required to conduct a hearing on litigious motion?

ANS: No. The general rule is that a hearing is not required. When a party files a
litigious motion, the opposing party is required to file an opposition Io a litigious motion
within 5 calendar days from receipt thereof and the court shall resolved the motion
within 15 calendar days from its receipt of the opposition thereto, or upon expiration of
the period to file such opposition (RROC, Rule 15, Sec. 5(c)).
Q: What is the exception to the rule that hearing is not required?

ANS: The exception is when the court, in Ihe exercise of ils discretion, and if deemed
necessary for its resolution, call a hearing on Ihe motion. In which case. Ihe court is
required to issue a notice of hearing which shall be addressed to all Ihe parties
concerned, and shall specify the lime and dale of the hearing (RROC, Rule 15. Sec. 6).
Note: Where Ihe court decides to conduct hearing on a litigious motion, Ihe same shall
be set on a Friday (RROC. Rule 15. Sec. 8).
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Q: What is the Omnibus Motion Rule?

ANS: The omnibus motion rule embodied in Section 8. Rule 15. in relation to Section 1,
Rule 9, demands that all available objections be included in a party's motion, otherwise,
said objections shall be deemed waived; and, the only grounds the court could lake
cognizance of. even if not pleaded in said motion are:
1. Lack of jurisdiction over the subject matter;
2 Existence of another action pending between the same parties for the same
cause; and
3. Bar by prior judgment or by statute of limitations (Pilipinas Shell Petroleum
Corp. v. Romars International Gases Corp., G.R. No. 189669. February 16.
2015).
Q: Is it possible to file several motions to dismiss successively without violating

the Omnibus Motion Rule?
ANS: Yes. Successive motions to dismiss may be Tiled if the grounds are under Ihe
four non-waivable grounds (ROC. Rule 9. Sec. 1).
Q: Enumerate the prohibited motions under the rule.

ANS: The following are prohibited motions:
1. Motion to dismiss except on the following grounds:
a. Res judicata:
b. Litis pendenlia;
c. Prescription of the action; and
d. Lack of jurisdiction over the subject matter.
Note: The provision under the 1997 Rules of Civil Procedure allowing the
movant, if the motion to dismiss is denied, nnl less than five (5) days to file
his answer in any event has been deleted under Ihe RROC.
2. Motion to hear affirmative defenses;
3. Motion for reconsideration of the court's action on the affirmative defenses;
4. Motion to suspend proceedings without a temporary restraining order or
injunction issued by a higher court;
5. Motion for extension of lime to file pleadings, affidavits or any other papers,
except a molion for extension Io file an answer as provided by Section 11,
Rule 11; and
6. Molion for postponement intended for delay, except if it is based on acts of
God, force majeure or physical inability of the witness Io appear and testify
Q: What is a bill of particulars?

ANS: A bill of particulars is a more definite statement of any matter which is nol
averred with sufficient definiteness or particularity in a pleading so as to enable Ihe
opposing party Io prepare his responsive pleading (ROC. Rule 12. Sec. 1).
Q: When may a bill of particulars be applied for?

ANS: A molion for bill of particulars may be applied for before responding to a
pleading. If the pleading is a reply. Ihe molion must be filed within 10 calendar days from
service thereof (ROC, Rule 12, Sec. 1).
Note: A motion for bill of particulars is not directed only to the complaint. It is a motion
that applies to any pleading which in the perception of a movant contains matters which
are nol alleged with sufficient definiteness or particularity (1 RIANO, supra at 398).
Q: What must be contained in a motion for bill of particulars?

ANS: A molion for bill of particulars shall point out the defects complained of. the
paragraph wherein they are contained, and the details desired (ROC. Rule 12, Sec. 1).
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Q: What actions may the court do upon receipt of a motion for bill of particulars?
ANS: The court has three possible options, namely:
1. Deny the motion outright;
2. Grant the motion outright; or
3. Allow the parties the opportunity to be heard (ROC. Rule 12, Sec. 2).
Q: State the period within which a party must comply with the order granting a
motion for bill of particulars.
ANS: If the motion is granted, either in whole or in part, the compliance therewith must
be effected within 10 calendar days from notice of the order, unless a different period is
fixed by the court. The bill of particulars or a more definite statement ordered by the
court may be filed either in a separate or in an amended pleading, serving a copy
thereof on the adverse party (ROC. Rule 12. Sec. 3).
Q: What is the effect of non-compliance with the order granting a motion for bill of
particulars?
ANS: If Ihe order is not obeyed, or in case of insufficient compliance therewith, the
court may:
1. Order the striking out of the pleading or the portions thereof to which the
order was directed, or
2. Make such other order as it deems just (ROC. Rule 12. Sec. 4).
3. Dismiss the complaint for failure to comply with the lawful order of the court
Q: What is the effect of a motion for bill of particulars as the period to file a
responsive pleading?
ANS: The filing of a motion for a bill of particulars suspends the running of the period to
file an answer. The period lo file an answer is resumed upon Ihe amended complaint
being filed in compliance with the court's order granting the motion for a bill of particulars
(Dumanon v. Butuan Cily Rural Bank. G.R. No. L-27675, December 15. 1982) or upon
notice of the denial of the motion, in which case Ihe moving party may Tile his responsive
pleading within the period to which he was entitled al the lime of the filing of his motion
and which shall not be less than five (5) days in any event (ROC. Rule 12. Sec. 5).
I. DISMISSAL OF ACTIONS
Q: What arc the differences between dismissal with prejudice and dismissal
without prejudice?
ANS: The following are the distinctions between a dismissal with prejudice and a
dismissal without prejudice:
Dismissal with Prejudice Dismissal without prejudice
As to ] It is one made by the court after It is not an adjudication on the merits.

nature adjudication on the merits
(Chingkoo v. Republic, G.R. No.
183600, July 31. 2013).
As to Remedy is an appeal (ROC. Rule i Remedy is an appropriate special civil |

remedy 41. Sec.1). action under Rule 65 (ROC, Rule 41.
I Sec. 1).
i Note: If dismissal was made in the
I inferior court and it was due to lack of
। jurisdiction over the subject matter, the
remedy of appeal may be taken (ROC,
I Rule 40. Sec. 8)
REMEDIAL LAW!
Q: What are the instances where a dismissal is with prejudice?

ANS: The following are the instances where a dismissal is with prejudice:
1 An order granting a motion to dismiss or an affirmative defense:
a That the cause of aclion is barred by a prior judgment; or
b. That the cause of action is barred by the statute of limitations;
c. Thal the claim or demand sei forth in the plaintiffs pleading has been
paid, waived, abandoned or otherwise extinguished; or
d. That the claim on which the aclion is founded is unenforceable under
the provisions of the statute of frauds (RROC, Rule 15, Sec. 13).
Note: The grounds allowed for a motion lo dismiss are only res judicata,
litis pendentia, prescription, and lack of jurisdiction over the subject mailer
2. A notice of dismissal when filed by a plaintiff who has once dismissed in a
competent court an aclion based on or including the same claim (ROC, Rule
17. Sec. 1);
3. A dismissal due lo the fault ol the plaintiff unless otherwise declared by Ihe
Court (ROC, Rule 17. Sec. 3);
4. If the acts of the party or his counsel clearly constitute willful and deliberate
forum shopping, Ihe same shall be ground for summary dismissal with
prejudice (RROC. Rule 7, Sec. 5); and
b. When there Is failure to appear in pre-trial, unless otherwise ordered by the
court (RROC, Rule 10, Sec. 5).
Q: When can a plaintiff file a notice for the dismissal of his complaint?
ANS: The plaintiff, at any lime before the service of an answer or a motion for
summary judgment, may file a notice of dismissal of his complaint. Upon its filing. Ihe
court shall issue an order confirming such dismissal (ROC. Rulo 17. Soc. 1).
Note: This dismissal is a matter of right on the part of the plaintiff (O.B. Jovenir
Construction and Development Corporation v. Macarnir Realty and Development Corp..
G.R. No. 135803, March 28. 2006).
Q: What Is the nature of dismissal of the complaint upon notice by the plaintiff?
ANS: The dismissal upon notice by the plaintiff shall bo without prejudice to Ihe re-filing
of the complaint except when:
1 . The notice of dismissal provides that the dismissal is with prejudice; or
2 The plaintiff has previously dismissed the same case in a court of competent
jurisdiction (ROC, Rule 17. Sec. 1).
Q: When is the Two-Dismissal Rule applicable? (TCC)

ANS: This rule applies when Ihe plaintiff has:
1. Twice dismissed the aclion;
2. Based on or including the same Claim; and
3. In a court of Competent jurisdiction (ROC. Rule 17. Sue. 1).
Note: In such case, the dismissal is with prejudice and Ihe complainant cannot file the
same complaint because of res judicata (Ramon Ching and Po Wing Properties Inc., v.
Cheng, G.R. No. 175507, October 8, 2014).
Q: When can the plaintiff file a motion to dismiss his complaint?

ANS: If an answer has already been filed by the defendant, the plaintiff cannot dismiss
his complaint at his own instance save upon approval of the court and upon such terms
and conditions as the court deems proper (RROC. Rule 17, Sec. 2).
Note: Unless otherwise specified in the order, a dismissal upon motion of the plaintiff
shall be without prejudice (RROC, Rule 17, Sec. 2).
Q: What is the effect of a dismissal of the complaint through a motion by the
plaintiff to an existing counterclaim filed by the defendant?
ANS: If a counterclaim has been pleaded by a defendant prior to the service upon him
or her of the plaintiffs motion for dismissal, the dismissal shall be limited to the
complaint. The dismissal shall be without prejudice to Ihe right of the defendant to
prosecute his or her counterclaim in a separate action unless within 15 calendar days
from notice of the motion he or she manifests his or her preference lo have his or her
counterclaim resolved in the same action (RROC, Rule 17, Sec.).
Q: When is a dismissal due to the fault of the plaintiff? (APC)

ANS: The dismissal is due lo the fault of the plaintiff in the following instances:
1. Plaintiff fails to Appear for no justifiable cause on the day of the presentation
of his or her evidence in chief on the complaint;
2. Plaintiff fails to Prosecute his or her action for an unreasonable length of
time; or
3. Plaintiff fails to Comply with Ihe Rules or any order of the court (ROC. Rule
17. Sec. 3).
Note: The dismissal shall be with prejudice, unless the court provides otherwise (ROC.
Rule 17. Sec 3).
J. PRE-TRIAL
Q: What is pre-trial?
ANS: Pre-trial is a procedural device intended to clarify and limit the basic issues
between the parties and to take the trial of cases out of the realm of surprise and
maneuvering. Its chief objective is lo simplify, abbreviate and expedite or dispense with
Ihe trial (Zaldivarv. People. G.R. No. 197056, March 02. 2016).
Q: When should pre-trial be conducted?

ANS: After the last responsive pleading has been served and filed, the branch clerk of
court shall issue, within 5 calendar days from filing, a notice of pre-trial which shall be
set not later than GO calendar days from the filing of the last responsive pleading
Q: What should the court consider during pre-trial? (PSP-LAPO)

ANS: The court shall consider the following mailers in the pre-trial:
1. The Possibility of an amicable Settlement or submission to alternative
modes of dispute resolution;
2 The Simplification of the Issues;
3. The Possibility of obtaining stipulations or Admissions of facts and
documents to avoid unnecessary proof;
4. The Limitation of the number and identification of witnesses and Ihe setting
of trial dates;
5. The Advisability of a preliminary reference of the issues lo a commissioner;
G. The Propriety of rendering judgment on Ihe pleadings, or summary
judgment, or of dismissing the action should a valid ground therefor be
found lo exist,
7. Such Other matters as may aid in the prompt disposition of the case
Q: What should the court require the parties to do during pre-trial? (MEME)
ANS: The court should require the parties to:
1. Mark their respective evidence if not yet marked in the judicial affidavits of
their witnesses;
2. Examine and make comparisons of the adverse parties' evidence vis-a-vis
the copies to be marked;
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3. Manifest for the record stipulations regarding the faithfulness of the

reproductions and the genuineness and due execution of the adverse
parties' evidence:
4. Reserve Evidence not available at the pre-trial, but only in the following
manner;
a. For testimonial evidence, by given the name or position and the nature
of Ihe testimony of the proposed witness;
b. For documentary evidence and other object evidence, by giving a
particular description of the evidence.
Note: No reservation shall be allowed if not made in the manner prescribed
above (RROC, Rule 19, Sec. 2).
Q: What is the effect of failure without Just cause of a party and/or counsel to
bring the evidence required?
ANS: Failure shall be deemed a waiver of the presentation of such evidence (RROC.
Rule 18. Sec. 2).
Q: What should the notice of pre-trial include?

ANS: The notice should include the dales respectively set for:
1. Pre-trial
2. Court-Annexed Mediation; and
3. Judicial Dispute Resolution, if necessary (RROC. Rule 19, Sec. 3).
Q: When may the non-appearance of a party and counsel be excused?

ANS: The non-appearance may be excused only for:
1 Acts of Gnd;
2. Force majeure; or
3. Duly substantiated physical inability (RROC. Rule 19. Sec. 4).
Q: Who shall have the duty to appear at pre-trial, court-annexed mediation (CAM),
and Judicial dispute resolution (JDR)?
ANS: It shall be the duty of the parties and their counsel to appear (RROC. Rule 18.
Sec. 4).
Note: Non-appearance al any of these settings shall be deemed as non-appearance al
Ihe pre-trial and shall merit the same sanctions as for failure to appear at pre-trial
Q: How may a representative appear on behalf of a party?

ANS: A representative may appear on behalf of a party, but must be fully authorized in
writing to enter into an amicable settlement, to submit to alternative modus of dispute
resolution, and to enter into stipulations or admissions of facts and documents (RROC.
Rule 18. See. 4).
Q: What are the effects of failure without just cause of a party and counsel to
appear during pre-trial?
ANS: The effects of failure without just cause of a party and counsel to appear are as
follows:
1. Plaintiff and counsel - Failure shall cause the dismissal of the action.
Note: The dismissal shall be with prejudice, unless otherwise ordered by Ihe
court. (RROC, Rule 18. Sec. 5).
2. Defendant and counsel - Failure shall be cause to allow the plaintiff lo
present his or her evidence ex parte within 10 calendar days from
termination of the pre-trial, and the court lo render judgment on the basis of
the evidence offered (RROC. Rule 16. Sec. 5).
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3. Either party and counsel - Failure shall result in a waiver of any objections
to the faithfulness of the reproductions of evidence marked, or their
genuineness and due execution (RROC. Rule 10. Sec. 2).
Q: When should the parties file with the court and serve on the adverse party their
pre-trial brief?
ANS: The parties shall file with the court and serve on the adverse party, in such
manner as shall ensure their receipt thereof at least 3 calendar days before the date of
the pre-trial {RROC. Rule 18. Sec. 18).
Q: What should a pre-trial brief contain? (CS-MD-NB)

ANS: The pre-trial brief shall contain, among others:
1. A Concise statement of the case and the reliefs prayed for;
2. A Summary of Admitted facts and proposed stipulations of facts;
3. The Main factual and legal Issues to be tried or resolved;
4. The Documents or other object evidence to be marked, stating the purpose
thereof;
5. The Names of the witnesses, and summary of their respective testimonies;
and
6 A Brief statement of points of law and citation of authorities (RROC. Rule
18. Sec. 6).
Q: What is the effect of the failure to file a pre-trial brief?

ANS: Failure to file shall have the same effect as failure to appear at the pre-trial
Q: What should the Pre-Trial Order include? (FM-I-LED-FSS)

ANS: Upon termination of the pre-trial. Ihe court shall issue an order within 10 calendar
days. The order shall include:
1. An enumeration of Ihe admitted Facts;
2. The Minutes of the pre-trial conference:
3. The legal and factual Issue/s to be tried;
4. The applicable law, rules, and jurisprudence;
5 The Evidence marked;
6. The specific trial Dates for continuous trial, which shall be within Ihe period
provided by the Rules;
7 The case Flowchart to be determined by the court, which shall contain the
different stages ol the proceedings up to the promulgation of the decision
and the use of time frames for each stage in selling the trial dates;
8 A Statement that Ihe one-day examination of witness rule and most
important witness rule under A.M. No.03-1-09-SC (Guidelines for Pre-Trial)
shall be strictly followed; and
9. A Statement that the court shall render judgment on Ihe pleadings or
summary judgment, as Ihe case may be (RROC. Rule 18. Section 7).
Q: When shall CAM be conducted?

ANS: Aller pre-trial and, after issues are joined, the court shall refer the parties for
mandatory court-annexed mediation.
Note: The period for court-annexed mediation shall not exceed thirty 30 calendar days
without further extension (RROC. Rule 18, Section 8).
Q: When may JDR be conducted?

ANS: Only if the judge of the court lo which the case was originally raffled is convinced
that settlement is still possible. Ihe case may be referred lo another court for judicial
dispute resolution (RROC. Rule 18. Section 9).
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Note; The judicial dispute resolution shall be conducted within a non-extendible period
of 15 calendar days from notice of failure of the court-annexed mediation (RROC. Rule
18. Section 9).
Q: What is the next procedure if the judicial dispute resolution fails?

ANS: If judicial dispute resolution fails, trial before the original court shall proceed on
the dates agreed upon (RROC, Rule 18, Section 9).
Q: What shall control the conduct of subsequent proceedings?

ANS: The contents of the pre-trial order shall control the subsequent proceedings,
unless modified before trial lo prevent manifest injustice (RROC. Rule 18. Section 7).
Q: What are the distinctions between pre-trial in civil cases and those in criminal
cases?
ANS: The following are the distinctions:
DISTINCTIONS BETWEEN PRE-TRIAL IN CIVIL AND CRIMINAL CASES
Pre-Trial In Civil Case!
। As to When < Pre-trial shall be set not later than The pre-trial is ordered by the :
Commenced' 60 calendar days from the filing of court after arraiyiiuiHnl and
the last responsive pleading. within 30 days from the date the •
(RROC, Rule 18. Sec. 1). court acquires jurisdiction over ’
the person of the accused
As to Form May be oral or written (ROC, Rule All agreements or admissions
Required for. 129, See. 4) made or entered during pre-trial
Agreements shall be reduced in writing and
or signed by both the accused and
Admissions counsel: otherwise, they cannot
be used against the accused
(ROC, Rulo 118, See. 2).
As to Effect Plaintiff and counsel Failure Non-appearance only subjects
of Non- shall cause the dismissal of Ihe counsel or the prosecutor to
appearance action with prejudice. unless sanctions (ROC, Rulo 118, Sec.
otherwise ordered by Ihe court. 3).
Defendant and counsel - Failure

shall be cause lo allow the plaintiff
lo present his or her evidence ex
parte within 10 calendar days from
termination of Ihe pre-trial, and the
court to render judgment on the
basis of the evidence offered.
(RROC. Rule 18, Sec. 5).
As to Parlies are required lo submit pre n/a

Requirement trial briefs at least three (3) days
of Pre-Trial from the date of pre-trial (RROC.
Brief Rule 18. Sec. 6).
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K. INTERVENTION
Q: What are the requisites for a non-party to intervene in an action pending before
a court?
ANS: The following are requisites for a non-party to intervene:
1. The person must have legal interest:
a. in the matter in controversy; or
b in the success of either of the parties; or
c. against both parties; or
d. person is so situated as to be adversely affected by a distribution or
other disposition of property in the custody of the court or of an officer
thereof (ROC. Rule 19. Sec. 1).
2. Filing of motion for leave of court, accompanied by the pleading-in-
inlervenlion (ROC. Rule 15, Sec. 10);
3. Intervention will not unduly delay or prejudice Ihe adjudication of rights of
original parties; and
4. Intervenor's rights may not be fully protected in a separate proceeding
Q: When may a person intervene in a case?

ANS: The motion to intervene may be filed at any lime before rendition of judgment by
Ihe trial court (ROC. Rule 19. Sec. 2).
Q: May intervention still be allowed after rendition of judgment by the court?

ANS: Yes. Under the Rules, the motion to intervene may be filed at any time before
rendition of judgment by Ihe trial court. However, the Supreme Court has recognized the
following exceptions:
1 Intervention may be allowed on appeal, provided the intervenor is an
indispensable party (Galicia v. Manliquez, G.R. No. 155785. April 13. 2007);
2 When Ihe intervenor is the Republic of Ihe Philippines (Um v. Pacquing,
G.R No. 1150-14, January 27, 1995); and
3 Where it is necessary lo protect some interest which cannot otherwise be
protected, and may be allowed for the purpose of preserving the intervenor's
right to appeal (Navy Officers' Village Association, Inc. (NOVAI) v. Republic.
G.R. No. 177168. August 3. 2015).
Q: What arc the types of pleadings-in-intcrvention that may be filed?

ANS: The intervenor may file either:
1. A complainl-in-inlervention - if he or she asserts a claim against either or all
of Ihe original parlies; or
2. An answer-in-inlervention - if he or she unites with the defending party in
resisting a claim against the lalter.
Q; Are payment of docket fees and attaching of certificate of non-forum shopping

required in filing a complaint-in-intervention?
ANS: Yes. A complainl-in-intervenlion is an initiatory pleading which requires the
payment of docket fees and the complaint-in-inlervenlion must be accompanied with a
certificate of non-forum shopping (Yuchengco v. Republic. G.R. No. 131127, June 8.
2000; Sps. Ponciano v. Parentela. Jr., G.R. No. 133284. May 9, 2000).
Q: What is the period for filing an answer to a complaint-ln-lntcrvention?

ANS: The answer to Ihe complainl-in-intervenlion shall be filed with 15 calendar days
from notice of Ihe order admitting Ihe same, unless a different period is fixed by the
court (RROC. Rule 19, Sec. 4).
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Q: What is the remedy if intervention is denied?

ANS: The remedy of the aggrieved party is appeal, as a denial of the motion for
intervention is a final order (Galego v. Romeo, G.R. No. 130223, July 27, 2004).
Note: Mandamus will not lie except in case of grave abuse of discretion (Galego v.
Romeo, G.R. No. 130228. July 27, 2004).
L. SUBPOENA
Q: What is a subpoena duces tecum?
ANS: Subpoena duces tecum is a process directed to a person requiring him or her lo
bring with him or her books, documents, or other things under his or her control (ROC,
Rule 21. Sec. 1).
Q: What is a subpoena ad testificandum?

ANS: Subpoena ad testificandum is a process directed to a person requiring him or her
to attend and to testify:
1 . At the hearing or the trial of an action; or
2 At any investigation conducted by competent authority; or
3 For the taking of his or her deposition (ROC. Rule 21. Sec. 1).
Q: How shall a subpoena be served?

ANS: Service of subpoena shall be made in the same manner as personal or
substituted service of summons. The following shall be observed
1. The original shall be exhibited and a copy thereof be delivered to the person
on whom it is served;
2. The service must be made so as lo allov/ Ihe witness a reasonable time for
preparation and travel to Ihe place of attendance, and
3. Costs for court attendance and Ilie production of documents and other
materials subject of the subpoena shall be tendered or charged accordingly
Q: What may the court do in case of failure of a v/itness to appear after service of
subpoena?
ANS: The court or judge issuing the subpoena, upon proof of the service thereof and ol
the failure of the witness, may issue a warrant lo Ihe sheriff of Ihe province, or his or her
deputy, lo arrest the witness and bring him or her before the court or officer where his or
her attendance is required (ROC. Rule 21, Sec. 3).
Q: When may the court quash a subpoena duces tecum? (URAF)

ANS: A subpoena duces tecum may be quashed upon motion promptly made and, in
any event, before the time specified therein if it is:
1. Unreasonable and oppressive; or
2. The Relevancy of the books, documents or things does not appear; or
3. If the person in whose behalf the subpoena is issued failed to Advance Ihe
reasonable cost of the production; or
4. The witness Fees and kilometrage allowed by the Rules were not tendered
when the subpoena was served (ROC, Rule 21, Sec. 4).
Q: When may the court quash a subpoena ad testificandum?

ANS: A subpoena ad testificandum may be quash a subpoena ad testificandum on Ihe
ground that:
1. The witness is not bound thereby; or
2. The witness fees and kilometrage allowed by the Rules were not tendered
when the subpoena was served (ROC, Rule 21. Sec. 4).
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Volume II I Serios of 2020/21
Q: What is the vlatory right of a witness?

ANS: It is the right of a witness not to be compelled to attend in court under a
subpoena if the witness resides more than 100 kilometers from his residence to the
place where he is to testify by the ordinary course of travel (1 RIGUERRA. Primer-
Reviewer on Remedial Law, (2019), p.504, [hereinafter 1 RIGUERRA, Remedial Law)).
Note: In such a case, the remedy of the party is to take the deposition of Ihe witness
(RIGUERRA, Remedial Law, p.504).
M. COMPUTATION OF TIME
Q: How is time computed under the Rules of Court?
ANS: In computing any period of time prescribed or allowed by these Rules, or by
order of the court, or by any applicable statute, the day of the act or event from which
the designated period of time begins to run is to be excluded and the date of
performance included. If the last day of the period, as thus computed, falls on a
Saturday, a Sunday, or a legal holiday in the place where Ihe court sils, Ihe lime shall
not run until the next working day (ROC, Rule 22. Sec. 1).
Q: What is the effect of an act which effectively interrupts the running of the
prescribed period?
ANS: Should an act be done which effectively interrupts the running of the period, the
allowable period after such interruption shall start to run on the day after notice of the
cessation of Ihe cause thereof. The day of Ihe act that caused the interruption shall be
excluded in the computation of Ihe period (ROC. Rule 22. Sec. 1).
N. MODES OF DISCOVERY
DEPOSITIONS PENDING ACTION; DEPOSITIONS BEFORE ACTION OR PENDING

APPEAL
Q: When may a deposition be availed of?
ANS: A deposition may be taken:
1 . Deposition de bene esse - during a pending action (RROC. Rule 23. Sec.
1); or
2 Deposition in perpetua rei memoriam - before action or pending appeal
Q: How may the taking of deposition be made?

ANS: The testimony of any person may be taken by deposition upon oral examination
or written interrogatories at the instance of any party (Santamaria v. Cleary, G.R. No.
197122. June 15. 2016)
Q: How is deposition upon oral examination made?

ANS: A parly desiring to take the deposition of any person upon oral examination shall
give reasonable notice in writing to every other party to Ihe action. The notice shall:
1 State the lime and place for taking the deposition and the name and
address of each person to be examined, if known; or
2 . If the name is nol known, a general descriplion sufficient to identify him or
her or the particular class or group to which he or she belongs (ROC, Rule
23. Sec. 19).
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Q: How is deposition upon written interrogatories made?

ANS: In taking a deposition upon written interrogatories, the following procedure shall
be followed:
1. A party desiring to take the deposition of any person upon written inter
rogatories shall serve them upon every other party with a notice stating the
name and address of the person who is to answer them and the name or
descriptive title and address of the officer before whom the deposition is to
be taken;
2. Within 10 calendar days thereafter, a party so served may serve cross-
interrogatories upon the party proposing to take the deposition;
3. Within 5 calendar days thereafter the latter may serve re-direct
interrogatories upon a party who has served cross interrogatories; and
4. Within 3 calendar days after being served with re-direct interrogatories, a
party may serve recross-interrogatories upon the party proposing to take the
deposition (ROC, Rule 23, Sec. 25).
Q: When may a party take a deposition pending action?

ANS: Upon ex parte motion of a party, the testimony of any person, whether a party
or not. may be taken by deposition upon oral examination or written interrogatories.
Note: Prior to the Revised Rules of Civil Procedure, lakmq of deposition was not "upon
ex parte motion of a party" but “by leave of court after jurisdiction has been obtained
over any defendant or over property which is Ihe subject of (he action, or without such
leave after an answer has been served’ (RROC. Rule 23. Sec. 1).
Q: How may the deposition of a person confined in prison be taken?

ANS: The deposition of a person confined in prison may be taken only by leave of
court on such terms as the court prescribes (ROC. Rule 23. Sec 1)
Q: Before whom may depositions be taken?

ANS: Within the Philippines, depositions may be taken before any judge, notary
public or the person stipulated by the parties in writing (ROC. Rule 23, Sec. 10).
Outside the Philippines or in a foreign state, depositions may be taken:
1. On notice before a secretary of embassy or legation, consul general, consul,
vice consul, or consular agent of the Republic of Ihe Philippines;
2. Before such person or officer as may be appointed by commission or under
letters rogatory; or
3 The person stipulated by the parties in writing (ROC. Rulo 23, See. 11).
Q: How is a deposition before Action or Pending Appeal made?

ANS: A person who desires to perpetuate his or her own testimony or that of another
person regarding any matter that may be cognizable in any court of thu Philippines, may
file a verified petition in the court of Ihe place of the residence of any expected adverse
party (ROC, Rule 24, Sec. 1).
Q: Upon what matters may a deponent be examined?

ANS: A deponent may be examined regarding any matter which is:
1. Relevant Io the subject of the pending action;
2. Not privileged (ROC, Rule 23, Sec. 2); and
3. Not restricted by an order of the court Io protect Ihe parties and deponents
or to limit the examination (ROC, Rule 23, Secs. 16 & 18).
Q: Where may a deposition be used?

ANS: It may be used either:
1. At the trial;
2. At the hearing of a motion; or
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3. At the hearing of an interlocutory proceeding (ROC. Rule 23. Sec. 4).
Q: What are the requisites before a deposition may be used against a party?
ANS: Before any pan or all of a deposition may be used against a party, the following
are required:
1. The deposition is admissible under the rules of evidence;
2. The party against whom the deposition is used was present or represented
at the taking of the deposition or had due notice thereof; and
3. The use of the deposition is in accordance with any of the recognized
purposes under Ihe Rules of Court (ROC. Rule 23. Sec. 4).
Q: What are the purposes for which a deposition may be used?

ANS: Any part or all of a deposition may be used against a party in accordance with
any one of the following provisions:
1. For Ihe purpose of contradicting or impeaching the testimony of the
deponent as witness;
2. For any purpose, the deposition of a party or of any one. who at the time of
the deposition, was an officer, director or managing agent of a public or
private corporation, partnership or association which is a party;
3 Fur any purpose, the deposition of a witness, whether or not a party. If Ihe
court finds that: (DROUSE)
a. The witness is Dead; or
b. The witness Resides more than 100 kilometers from the place of trial or
is Out of the Philippines, unless it appears that his or her absence was
procured by Ihe party offering the deposition; or
c. The witness is Unable to testify due to age, sickness, infirmity or
imprisonment: or
d. The party offering the deposition has been unable to procure Ihe
attendance of the witness by Subpoena; or
e. Upon application and notice, that such Exceptional circumstances exist
as to make it desirable in Ihe inlerest of justice and with due regard to
Ihe importance of presenting Ihe testimony of witnesses orally in open
court, lo allow the deposition to be used.
Note: If only part of a deposition is offered in evidence by a party, the adverse party
may require him or her lo introduce all of it which is relevant to Ihe part introduced, and
any party may introduce any other parts (ROC. Rule 23. Sec. 4).
Q: When may a party interpose his objections to the admissibility of a deposition?

ANS: Subject to Ihe provisions regarding Ihe effect of errors and irregularities in
depositions (ROC. Rulo 23. Sec. 9), objections may be made al the trial or hearing to
receiving in evidence any deposition or part thereof for any reason which would require
tho exclusion of Ihe evidence if the witness were then present and testifying (ROC, Rule
23. Soc. G).
Q: What are the effects of failure to object to errors and irregularities before or
during depositions?
ANS: The following are the effects of errors and irregularities in depositions.
1. As to notice - waived unless written objection is promptly served upon Ihe
party giving the notice;
2. As to disqualification of officer before whom deposition Is taken -
waived unless made before Ihe taking of Ihe deposition begins or as soon
thereafter as the disqualification becomes known or could be discovered
with reasonable diligence;
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3. As to competency or relevance of evidence - not waived by failure lo

make them before or during the taking of the deposition, unless the ground
of the objection is one which might have been obviated or removed if
presented at the time;
4. As to oral examination and other particulars - waived unless reasonable
objection thereto is made at the taking of the deposition;
Note: “Other particulars" include errors and irregularities in the form of the
questions or answers, in the oath or affirmation, or in the conduct of the
parties and error of any kind which might be obviated, removed, or cured if
promptly prosecuted.
5. As to form of written interrogatories (ROC. Rules 25 and 26) - waived
unless objections are served in writing upon the party propounding the
written interrogalories. within the time allowed for serving succeeding cross
or other interrogatories and within 3 calendar days after service of Ihe last
interrogatories authorized; and
6. As to manner of preparation of deposition - waived unless a motion to
suppress the deposition or some part thereof is made with reasonable
promptness after such defect is, or with due diligence might have been,
ascertained (ROC, Rule 23. See. 9).
Q: What may the party or deponent do for the court to terminate or limit the taking
of a deposition?
ANS: At any lime during Iha taking of Ihe deposition, any party or the deponent may
move for the termination or limiting of the scope of the deposition upon showing:
1. Thal the examination is being conducted in bad faith; or
2. That it is being conducted in such a manner as unreasonably to annoy,
embarrass or oppress the deponent or party (ROC. Rule 23. Sec. 18)
WRITTEN INTERROGATORIES TO ADVERSE PARTIES

Q: What is the purpose of written interrogatories?
ANS: This mode of discovery is availed of by a party to Ihe action for the purpose of
eliciting material and relevant facts from any adverse party (ROC. Rule 25. Sec. 1)
Q: How are written interrogatories served upon an adverse party?

ANS: Upon ex parte motion, any party desiring to elicit material and relevant facts from
any adverse parties shall file and serve upon the latter written interrogatories to be
answered by the parly served or, if the parly served is a public or private corporation or
a partnership or association, by any officer thereof competent to testify in its behalf
(RROC. Rule 25, Sec. 1).
Note: Prior to the Revised Rules of Civil Procedure, taking of written interrogatories
was not "upon ex parte motion of a party ' but “by leave of court after jurisdiction has
been obtained over any defendant or over property which is the subject of the action, or
without such leave after an answer has been served" (RROC. Rulo 23. Soc. 1).
Q: What is the duty of the party to whom written interrogatories are served?
ANS: The interrogatories shall be answered fully in writing and shall be signed and
sworn by the person making them (RROC. Rule 25. Sec. 2).
Q: What is the period for answering written interrogatories?

ANS: The party upon whom the interrogalories have been served shall file and serve a
copy of the answers on the party submitting the interrogatories with 15 calendar days
after service thereof, unless the court, on motion and for good cause shown, extends or
shortens Ihe same (RROC. Rule 25, Sec. 2).
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Q: What arc the consequences of willful refusal to answer written interrogatories?

ANS: If a party or an officer or managing agent of a party willfully fails lo serve answers
to interrogatories after proper service thereof, the court on motion and notice, may:
1. Strike out all or any part of any pleading of that party;
2. Dismiss the action or proceeding or any part thereof; or
3. Enter a judgment by default against that party.
Note: The court may also, in its discretion, order him or her to pay
reasonable expenses incurred by the other, including attorney's fees (ROC
Rule 29, Sec. 5).
Q: How may objections to written interrogatories be made?

ANS: Objections to any interrogatories may be presented to the court within 10
calendar days after service thereof, with notice as in case of a motion.
Note: Answers shall be deferred until the objections are resolved, which shall be at as
early a time as is practicable (ROG. Rule 25, Sec. 3).
Q: What is the effect if a party Is not served with written interrogatories?

ANS: Unless thereafter allowed by the court for good cause shown and to prevent a
failure of justice, a party not served with written interrogatories may not be compelled by
the adverse parly:
1 To give teslimony in open court; or
2. To give a deposition pending appeal (ROC, Rule 25, Sec. 6).
REQUEST FOR ADMISSION

Q: What may be the subject of a request for admission by one party to another?
ANS: At any lime after issues have been joined, a party may file and serve upon any
other party a written request for Ihe admission by Ihe latter of:
1. The genuineness of any materia) and relevant document described in and
exhibited with the request; or
2. The Irulh of any material and relevant mailer of fact set forth in (he request
Q: What is the purpose of request for admission?

ANS: A request for admission is not intended to merely reproduce or reiterate the
allegations of the requesting party’s pleading but should set forth relevant evidentiary
mailers of fad. or documents described in and exhibited with the request, whose
purpose is lo establish said party's cause of action or defense (Fortunate v. Duque, G.R.
No. 125303, July 2, 2002).
Q: What Is the duty of the party to whom a request for admission is served?
ANS: The parly to whom the request is directed shall file and serve upon the party
requesting the admission a sworn statement either denying specifically the matters of
which an admission is requested or setting forth in detail Ihe reasons why he or she
cannot truthfully either admit or deny those matters (ROC. Rule 26. Sec. 2).
Q: What Is the period for responding to a request for admission?

ANS: The parly to whom the request is directed shall file and serve upon his or her
swum statement within a period designated in the request, which shall not be less than
15 calendar days after service thereof, or within such further lime as the court may allow
on motion {ROC, Rule 26. Sec. 2).
Q: What is the effect of a party's failure to properly respond to a request for

admission?
ANS: Each of the matters of which an admission is requested shall be deemed
admitted (ROC. Rulo 26, Sec. 2).
REMEDIAL LAW!
San Reda Lav*/-RGCT Bar Operations Center S
Q: How may objections to any request for admission be made?

ANS: Objections to any request for admission shall be submitted to the court by the
party requested within the period for and prior to the filing of his or her sworn stalemenl
responding to the request.
Note: The party's compliance with the request shall be deferred until such objections
are resolved, which resolution shall be made as early as practicable (ROC, Rule 26,
Sec. 2).
Q: May admissions made by a party pursuant to a request therefor be used

against him outside the pending action?
ANS: No. Any admission made by a party pursuant to such request is for the purpose
of the pending action only and shall not constitute an admission by him or her for any
other purpose nor may the same be used against him or her in any other proceeding
Q: What is the effect of failure to file and serve request for admission?
ANS: Unless otherwise allowed by the court for good cause shown and to prevent a
failure of justice, a party who fails to file and serve a request for admission on the
adverse parly of material and relevant facts at issue which are. or ought to be. within the
personal knowledge of the latter, shall not be permitted to present evidence on such
facts (ROC, Rule 26, Sec. 5).
PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

Q: What is the purpose of a production or inspection order?
ANS: The provision on production and inspection of documents is one of the modes of
discovery sanctioned by the Rules of Court in order to enable not only the parties, but
also the court to discover all the relevant and material facts in connection with the case
pending before it (Eagleridge v. Cameron Granville, G.R. No. 204700. April 10. 2013.
citing Republic v. Sandiganbayan, G.R. No. 90478. November 21. 1991).
Q: What may be the subject of a production or inspect order?

ANS: Upon motion of any party showing good cause therefor, the court in which an
action is pending may
1. Order any parly lo produce and permit the inspection and copying or
photographing, by or on behalf of the moving party, of any designated
documents, papers, books, accounts, letters, photographs, objects or
tangible things, nnt privileged, which constitute or contain evidence material
to any matter involved in the aclion and which are in his or her possession,
custody or control; or
2. Order any pEirty lo permit entry upon designated land or other property in his
or her possession or control for the purpose of inspecting, measuring,
surveying, or photographing the properly or any designated relevant objecl
or operation thereon (ROC. Rule 27. Sec. 1).
PHYSICAL AND MENTAL EXAMINATION OF PERSONS

Q: What are the requisites for the issuance of an order for the physical and mental
examination of a witness?
ANS: Tho following are the requisites to obtain an order for examination: (CPG)
1. The mental or physical Condition of a party is in controversy in the action;
2. A motion showing Good cause must be filed for the physical and mental
examination; and
3. Notice must be given to the Party lo be examined and to all other parties
(ROC. Rule 28, Secs. 1 and 2).
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Volume II | Sorias of 2020/21
Q: What are the effects of the examined party's request for a report of findings
from the party causing the examination?
ANS: The following shall be the effects:
1 . As to the party examined - By requesting and obtaining a report of the
examination so ordered or by taking the deposition of the examiner, the
party examined waives any privilege he or she may have in that action or
any other involving the same controversy, regarding the testimony of every
other person who has examined or may thereafter examine him or her in
respect of the same mental or physical examination (ROC, Rule 28. Sec. 4);
and
2 As to the party causing the examination - After request of, and delivery
to. the person examined of the report of findings, Ihe party causing the
examination shall be entitled upon request to receive from the party
examined a like report of any examination, previously or thereafter made, of
the same mental or physical condition (ROC. Rule 28, Sec. 3).
Q: What are the consequences where the party examined refuses to deliver a
report upon request?
ANS: If the party examined refuses to deliver such report, the court on motion and
notice may make an order requiring delivery on such terms as are just, and if a
physician fails or refuses to make such a report, the court may exclude his or her
testimony if offered at the trial (ROC. Rule 28. Sec. 3).
CONSEQUENCES OF REFUSAL TO COMPLY WITH MODES OF DISCOVERY

Q: What is the remedy against, and sanctions for, refusal to make discovery?
ANS: The party may apply to the court for relief, and the latter may order the following
sanctions:
SANCTIONS AGAINST REFUSAL TO MAKE DISCOVERY
Remedies and Sanctions
The court, may, upon proper application, compel a refusing

deponent to answer.
1 If application is granted and refusal to answer is without
substantial justification, court may require the refusing party to
pay the proponent Ihe amount of the reasonable expenses
incurred in obtaining the order, including attorney's fees
2 . If the application is denied and filed without substantial
justification, court may require the proponent, or his counsel, or
both of them, to pay Ihe refusing parly the amount of the
reasonable expenses incurred in opposing the application,
including attorney's fees (ROC, Rule 29, Sec. 7).
Cite the disobedient deponent in contempt of court (ROC. Rule 29.

Sec. 2).
The court may make the following orders:

1. The facts sought to be established by the examining party
shall be taken to be established for the purpose of the action in
accordance with the claim of the party obtaining the order;
2. Refusal to allow the disobedient party to support or oppose
designated claims or defenses or prohibiting him from
introducing in evidence designated documents or things or
items of testimony;
3. The striking out of pleadings or parts thereof;
REMEDIAL LAW II
Kind of Refusal Remedies and Sanctions
menial 4. Thal further proceedings be stayed until the order is obeyed; I

examination 5. Dismissal of the action or proceeding or any part thereof, or
rendition of judgment by default against the disobedient party;
or
C. In lieu of any of the foregoing or in addition thereto, the arrest •
of any party or agent of a party for disobeying its orders. •
except an order to submit a physical or mental examination
t Refusal to If the party requesting the admissions thereafter proves the J

admit or serve genuineness of such document or the truth of any such matter of |
a sworn denial: fact, the court may, upon proper application, issue an order*
under Rule 26 I requiring the other party to pay him reasonable expenses incurred ’
(Admission by 1 in making such proof, including attorney's fees (ROC, Rule 29. ;
Adverse Party) Sec. 4).
Failure of party The court, on motion and notice, may:

i to attend or 1. Strike out all or any part of any pleading of disobedient party; i
serve answers or
towrittaii 2. Dismiss the action or proceeding or any part thereof; or
interrogatories 3. Enter a judgment by default against disobedient party; and
4. In its discretion, order payment of reasonable expenses
incurred by the other including attorney's fees (ROC. Rule 29.
Sec. 5).
O. TRIAL
Q: Within what period should presentation of evidence bo concluded?
ANS: The presentation of evidence uf all parties shall be terminated within a period of
10 months or three hundred 300 calendar days (RROC, Rule 30, Sec. 1).
Note: If there are no third (fourth, etc.j-party claim, counterclaim or cross-claim, the
presentation of evidence shall be terminated within a period of six (G) months or 180
calendar days (RROC, Rule 30. Sec. 1).
Q: May the trial dates be shortened?

ANS: Yes. ihe trial dates may be shortened depending on the number of witnesses Io
be presented (RROC. Rule 30, Sec. 1).
Q: For how long may the court adjourn a trial?

ANS: A court may adjourn a trial from day to day, and to any stated limo, as the
expeditious and convenient transaction of business may require, but shall have no
power to adjourn a trial for a longer period than one month for each adjournment, nor
more than three months in all, except when authorized in writing by the Court
Administrator. Supreme Court.
Note: The party who caused Ihe postponement is warned that the presentation of its
evidence must still be terminated on the remaining dales previously agreed upon
Q: When may postponement be allowed?

ANS: Motion for postponement may be allowed if it is based on:
1. Acts of God;
2. Force majeure; or
3. Physical inability of the witness to appear and testify.
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■ Volume II | Serios of 2020/21
Note: Trial may no longer be postponed on the ground of absence of evidence, unless
due to the foregoing causes. The provision under Ihe 1997 Rules of Civil Procedure
pertaining to postponement of trial on the ground of absence of evidence has been
deleted (RROC. Rulo 15, Sec. 12 (f); ROC. Rule 30. Sec. 3 [deleted]).
Q: What shall a motion for postponement be accompanied by?

ANS: A motion for postponement, whether written or oral, shall at all times, be
accompanied by Ihe original official receipt from the office of the clerk of court
evidencing payment of the postponement fee under Sec. 21(b), Rule 141, lo be
submitted either at the lime of the filing of said motion or not later than the next hearing
dale.
Note: The clerk of court shall not accept the motion unless accompanied by the original
receipt (RROC, Rule 15, Sec. 12).
Q: What are the requisites of a motion to postpone trial on the ground of illness of
party or counsel?
ANS: The requisites are the following:
1. A motion for postponement stating the ground relied upon must be filed;
2. The motion must be supported by an affidavit or sworn certification showing
that;
a. The presence of such party or counsel al the trial is indispensable; and
b. The character of the illness is such as to render his non-attendance as
excusable (RROC, Rule 30. Sec. 3).
Q: May trial dates bo extended if postponement of trial is allowed?

ANS: No. If the motion for postponement is based on excepted grounds, the moving
party shall be warned that the presentation of its evidence must still be terminated on
the dates previously agreed upon (RROC. Rule 15, Sec. 12 (f); ROC).
Q: May the parties stipulate upon facts to avoid trial?

ANS: Yes. The parties to any action may agree, in writing, upon the facts involved in
Ihe litigation, and submil the case for judgment on the facts agreed upon, without the
introduction of evidence. No trial shall thus be held. If Ihe parties agree lo only some
facts in issue, trial shall be held as to the disputed facts in such order as the court shall
prescribe (ROC. Rule 30. Sec. 7).
Q; What is the order of trial in ordinary civil actions? (PD-TF-CR-D)

ANS: Subject lo provisions on separate trials (ROC. Rule 31. Sec. 2) and unless Ihe
court for special reasons otherwise directs, the trial shall proceed as follows:
1. The plaintiff shall adduce evidence in support of his complaint;
2. The defendant shall then adduce evidence in support of his or her defense,
counterclaim, cross-claim and Ihird-party complaint;
3. The Jhird-parly defendant, if any. shall adduce evidence of his or her
defense, counterclaim, cross-claim and fourth-party complaint;
4. The fourth-party and so forth, if any. shall adduce evidence of the material
facts pleaded by them;
5. The parties against whom any counterclaim or cross-claim has been
pleaded, shall adduce evidence in support of their defense, in the order lo
be prescribed by the courl;
6. The parties may then respectively adduce rebutting evidence only, unless
the court for good reasons and in the furtherance of justice, permits them lo
adduce evidence upon Iheir original case; and
7. Upon admission of Ihe evidence, the case shall be deemed submilted for
decision, unless the courl directs the parties to argue or lo submit their
respective memoranda or any further pleadings.
REMEDIAL LAWS
San Beda Law-RGCT Bar Operations Center Lfi
Note: If several defendants or third-party defendants, and so forth, having separate

defenses appear by different counsel, the court shall determine the relative order of
presentation of their evidence (ROC, Rule 30, Sec. 5).
Q: When may the court, In Its discretion, conduct a reverse trial?

ANS: The court may order a modification of the order of the trial for special reasons
Q: Cite an instance where reverse order of trial is proper.

ANS: Where special defenses were pleaded, plaintiff has every right to insist that il is
for defendant to come forward with evidence in support of his special defenses (Yu v.
Mapayo, G.R. No. L-29742 March 29. 1972).
Q: When may a court order for the consolidation of action?

ANS: When actions involving a common question of law or fact are pending before Ihe
court, il may order a joint hearing or trial of any or all the mailers in issue in the actions;
it may order all the actions consolidated: and it may make such orders concerning
proceedings therein as may lend lo avoid unnecessary costs or delay (RROC. Rule 31,
Sec. 1).
Note: Consolidation of actions is addressed lo the sound discretion of Ihe court and its
action in consolidating will not be disturbed in the absence of manifest abuse of
discretion (Deutsche Bank Ag v. CA, G.R. No. 193065, February 27, 2012).
Q: May there be consolidation of cases pending in different courts?

ANS: Yes. The rules do not distinguish between cases filed before the same branch or
judge and those that are pending in different branches, or before different judges of the
same court, in order that consolidation may be proper, as long as the cases involve Ihe
resolulion of questions of lav/ or facts in common with each other (Active Wood
Products v. CA, el. al., G.R. No.86603, February 5. 1990).
Q: When may a court order for the separation of trial?

ANS: The court, in furtherance of convenience or lo avoid prejudice, may order a
separate Irial of any claim, cross-claim, counterclaim, or third-party complaint, or of any
separate issue or of any number of claims, crossclaims. counterclaims, third-party
complaints or issues (ROC, Rule 31, Sec. 2)
Q: When may the judge delegate the reception of evidence? (DEA-MOT)

ANS: As a general rule, the judge shall personally receive the evidence adduced by
the parties bul the reception of evidence may be delegated lo the clerk of court under
Ihe following conditions:
1. The delegation may be made only in Default or Ex puilu hearings. and in
any case where Ihe parties Agree in writing;
2. The reception of evidence shall be made only by Ihe clerk of that court who
is a Member of the bar;
3. Said clerk shall have no power to rule on Objections lo any question or lo
Ihe admission of exhibits; and
4. The clerk shall submil a report and Transcripts of ihe proceedings, together
wilh Ihe objections lo be resolved by the court, within 10 calendar days from
Ihe termination of Ihe hearing (ROC, Rule 30. Sec. 9).
Q: How is reference to a commissioner by consent made?

ANS: By written consent of both parties, the court may order any or all of Ihe issues in
a case lo be referred lo a commissioner to be agreed upon by the parties or to be
appointed by the court (ROC, Rule 32, Sec. 1).
BEDAN RED BOOK
Note: As used in these Rules, the word "commissioner" includes a referee, an auditor
and an examiner (ROC. Rule 32, Sec. 1).
Q: How may a case be referred to a commissioner by the court motu propria or

upon motion of only one party? (TAQ)
ANS: When Ihe parties do not consent, the court may. upon the application of either or
of its own motion, direct a reference to the commissioner in the following cases:
1. When the Jrial of an issue of fact requires the examination of a long
account;
2. When the taking of an Recount is necessary for the information of Ihe court
before judgment or in carrying it out; or
3. When a Question of fact, other than upon Ihe pleadings, arises upon motion
or otherwise, in any stage of a case, or for carrying a judgment or order into
effect (ROC, Rule 32. Sec. 2).
Q: What may the court order the commissioner to perform? (R-PED)

ANS: The order may
1 Direct him lo Report only upon particular issues;
2. Direct him to Perform particular acts;
3. Direct him to receive and report Evidence only; and
4. Fix the Date for beginning and closing the hearings and for the filing of his
report (ROC. Rule 32. Sec. 3).
Q: What powers may the commissioner exercise? (RASSA)

ANS: Subject lo the specifications and limitations staled in the order of reference, the
commissioner has and shall exercise the power;
1 To Regulate Ihe proceedings in every hearing before him;
2. To do all Acts and take all measure necessary or proper for the efficient
performance of his duties;
3. To issue Subpoenas and subpoenas duces tecum;
4. To Swear witnesses; and
5. To rule upon the Admissibility ol evidence (ROC. Rule 32, Sec. 3).
Q: When should a party object to the commissioner's report?

ANS: Upon filing of the report, parties shall bo notified by the clerk and they shall be
allowed 10 days within which to signify grounds of objections to the findings of the report
Note: Objections based on grounds which were available during the proceedings other
than Ihe findings and conclusions shall not be considered by the court unless they were
made before Ihe commissioner (ROC. Rule 32, Sec. 10).
Q: What arc the possible courts actions upon the commissioner's report?
ANS: After the hearing, the court shall issue an order adopting, modifying or rejecting
Ihe report in whole or in part or recommit il to Ihe commissioner or the court (ROC, Rule
32. Sec. 11).
Q; What is the scope of court action during the hearing on the commissioner's
report?
ANS: When the reports come up for confirmation, the court cannot be expected lo re
hear the case upon the entire record, but will review only so much as may be drawn in
question by proper objections (Kreidt v. McCullough & Co., G.R. No. L-11362, January
24, 1918).
REMEDIAL LAWjil
U
San Beda Law-RGCT Bar Operations Center
p. DEMURRER TO EVIDENCE ........

Q: What is a demurrer to evidence?
ANS: A demurrer to evidence is a motion to dismiss on the ground of insufficiency of
evidence (Republic v. De Borja, G.R. No. 187448, January 9, 2017).
Q: When may a demurrer to evidence be filed in civil cases?

ANS: After plaintiff has finished presenting his evidence, the defendant may move for
the dismissal of the complaint on the ground that upon the facts and the law. the plaintiff
has shown no right to relief or insufficiency of evidence (ROC, Rule 33. Sec. 1).
Q: What is the effect of denial of the demurrer to evidence in civil cases?

ANS: If the motion is denied, the movant shall have the right to present evidence
Q: What is the effect of granting the demurrer to evidence in civil cases?

ANS: The case shall be dismissed with prejudice (Heirs of Pedro Pasag v. Spouses
Parocha, G.R. No. 155483, April 27. 2007).
Note: Plaintiff may appeal as the grant is considered as judgment on the merits of the
case (ROC, Rule 41, Sec. 1).
Q: What is the effect when the order granting demurrer to evidence is reversed?
ANS: If Ihe defendant's motion for judgment on demurrer to evidence is granted and
the order is subsequently reversed on appeal, the defendant shall be deemed to have
waived his right to present evidence (ROC. Rule 33. Sec. 1)
Note: The appellate court cannot remand the case for further proceedings; rather it
should render judgment on the basis of the evidence presented by Ihe plaintiff
(Radiowealth Finance Co. v. Spouses Del Rosario, G.R Iio 138739, July 26. 2000).
Q: May the order granting the demurrer to evidence in civil cases be assailed?
ANS: No. The order denying the demurrer lo evidence shall not be subject of an
appeal or petition for certiorari, prohibition or mandamus before judgment (RROC. Rule
33. Sec. 2).
Q: Distinguish demurrer to evidence in a civil case from demurrer to evidence in a

criminal case.
ANS: The dislinctions are as follows:
DISTINCTIONS BETWEEN DEMURRER TO EVIDENCE
______ IN A CIVIL CASE AND CRIMINAL CASE
Civil Case ^rlmlnaitCase
As to Defendant may move for The court may dismiss the action on the
grounds | the ground thal upon the ground of insufficiency of evidence
facls and the law Ihe (ROC. Rulo 119. Sue. 23).
plaintiff has shown no right
lo relief (ROC, Rule 33,
Sec. 1).
As to leave n/a Demurrer may be filed with or without

of court leave of court (ROC, Rule 119, Sec.
23).
As to right to If motion is denied, If the demurrer was filed with leave of

present defendant shall have right court, the defendant may adduce his
ffl BEDAN RED BOOK
Volume II | Scries at 2020/21
Criminal Case
to present evidence (ROC. evidence in his defense.
Rule 33, Sec. 1).
If the demurrer was filed without leave
of court, he is not allowed to present his
evidence because he is deemed to have
waived his right to present his evidence
and he submits the case for judgment on
the basis of the evidence of Ihe
prosecution (ROC. Rule 119, Sec. 23).
If the demurrer is denied, If the demurrer was filed with leave of
the defendant will proceed court, the defendant may adduce his
to present his evidence evidence in his defense.
(ROC. Rule 33. Sec. 1). If the demurrer was filed without leave
of court, he is not allowed to present his
evidence because he is deemed to have
waived his right to present his evidence
and he submits Ihe case for iudoment on
the basis of the evidence of the
jirosecution.(ROC, Rule 119,
The order granting the No appeal is allowed, as a rule, when a
demurer is appealable demurer to evidence Is granted in a
(ROC, Rule 33, Sec. 1). criminal case because the dismissal is
deemed an acquittal. (People v. Tan, G.
NoIe: If on appeal the order R. No, 167526, July 26, 2010)
of Ihe dismissal is reversed, Note: When grave abuse of discretion is
he shall be deemed to have present, an order granting demurer
waived the right to present becomes null and void, assailable y
evidence (ROC, Rule 33, way of a Rule 65 petition (People v. Go,
Sec. 1) G.R. No. 191014, August 6, 2014).
The order denying the The order denying Ihe motion for leave
demurrer to evidence shall of court to file demurrer lo evidence or
not lie subject of an the demurrer itself shall nol be .
appeal or petition for reviewable by appeal or by certiorari'
certiorari, prohibition or before judgment.
mandamus before Note: Petition for certiorari under Rule
judgment (RROC. Rule 65 is Ihe proper remedy to assail the
33. Sec. 2). denial of the demurrer lo evidence that is ;
tainted with grave abuse of discretion or
excess of jurisdiction, or oppressive
exercise of judicial authority (Macapagal-
Arroyo v. People, G.R. No. 220598. April
18. 2017).
Defendant moves for The court may dismiss on its own

dismissal (RROC. Rule initiative after giving the prosecution the
33. Sec. 2). opportunity to be heard or upon
demurrer to evidence filed by the
accused with or without leave of court
REMEDIAL LAW!
Q. JUDGMENTSAND FINAL ORDERS

Q: Define judgment.
ANS: A judgment is one that finally disposes of a case, leaving nothing more for the
court to do with respect to it. It may either be an adjudication of the merits, which,
considering the evidence presented at the trial, declares categorically what the rights
and the obligations of the parties are; or it may be an order or judgment that dismisses
an action without considering the merits (Neypes v. CA, G.R. No. 141524, September
14. 200b).
Note: No appeal may be taken from an order dismissing an action without prejudice
Q: When shall there be judgment after pre-trial?

ANS: Should there be no more controverted facts, or no more genuine issue as lo any
material fact, or an absence of any issue, or should the answer fail to tender an issue,
the court shall, motu proprio, include in the pre-trial order that the case be submitted for
summary judgment or judgment on the pleadings, without need of position papers or
memoranda.
Note: The foregoing is without prejudice to a party also moving for judgment on the
pleadings under Rule 34 or summary judgment under Rule 35 (RROC. Rule 18. Sec.
10).
Q: May such court order directing the parties to submit the case for decision be
assailed through appeal or certiorari?
ANS: No. The order of the court to submit the case for judgment pursuant to Sec. 10 of
Rule 18 shall not be the subject to appeal or certiorari (RROC. Rule 18. Section 10).
Q: What is a judgment on the merits?

ANS: A judgment may be considered as one rendered on the merits when it
determines the rights and liabilities of the parties based on the disclosed facts,
irrespective of formal, technical or dilatory objections; or when Ihe judgment is rendered
after a determination of which party is right, as distinguished from a judgment rendered
upon some preliminary or formal or merely technical point (Aledro-Runa v. Lead Export
and Agro-Deveiopment Corp., G.R. No. 225896, July 23, 2018)
Q: May there be judgment on the merits without trial?

ANS: Yes. II is nol required that a trial, actual hearing, or argument on tho facts of the
case ensue before there is judgment on the merits, for as long as tho parties had the full
legal opportunity to be heard on their respective claims and contentions (Aiodro-Runa v.
Lead Export and Agro-Developmenl Corp., G.R No. 225896. July 23. 2018).
Q: Cite instances where there may be Judgment on the merits without trial.
ANS: A civil case may be adjudicated without the need for trial in any of the following
cases:
1. Judgment by default (RROC. Rule 9, Sec. 3);
2. Where Ihe action is dismissed with prejudice:
a. On the ground of res judicata, prescription, unenforceabilily under the
statute of frauds, or that the plaintiffs claim has been paid, waived,
abandoned or otherwise extinguished (RROC. Rule 15. Sec. 13);
b. Under the two-dismissal rule (ROC, Rule 17, Sec. 1);
c. Due to the fault of the plaintiff, unless otherwise declared by the court
(ROC, Rule 17, Sec. 3); and
d. Due to failure of plaintiff to attend pre-trial or to submit a pre-trial brief,
unless otherwise declared by the court (RROC. Rule 18. Secs. 5 & 6).
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U Vokimo II | Senes of 2020/21
3. Judgment on the basis of evidence offered ex parte, due to failure of

defendant to attend pre-trial or to submit a pre-trial brief (RROC. Rulo 18.
Secs. 5 & 6);
4. Judgment after pre-trial (RROC. Rule 18, Sec. 10)-,
5 Judgment by default against a party disobeying an order to comply with
modes of discovery (ROC, Rule 29, Secs. 3 & 5).
6. Judgment based on agreed stipulation of facts (ROC, Rule 30. Sec. 7);
7. Judgment on the pleadings (RROC, Rule 34);
8. Summary judgment (RROC, Rule 35);
9. Judgment upon a compromise (CIVIL CODE, Art. 2037); and
10. Judgment in civil cases governed by the Revised Rule on Summary
Procedure (A.M. No.02-11-09-SC, Sec. 9, as amended).
Q: When may a motion for judgment on the pleadings be properly filed?

ANS: Where an answer fails to lender an issue or otherwise admits Ihe material
allegations of the adverse party's pleading, the court may, on motion, direct judgment on
such pleading (ROC. Rule 34. Sec. 1).
Note: The motion shall be subject to the provisions of Rule 15 on Litigious motions
Q: May the court motu proprio do if it is apparent that the answer fails to tender
an issue, or otherwise admit the material allegations of the adverse party's
pleadings?
ANS: The court may motu proprio render judgment on the pleadings if it is apparent
that (he answer fails to lender an issue, or otherwise admits the material allegations of
the adverse parly's pleadings (RROC. Rule 34. Sec. 2).
Q: When docs an answer “fail to tender an issue" or "otherwise admit the material
allegations of the adverse party's pleadings?"
ANS: The answer would fail to tender an issue if it does not comply with the
requirements for a specific denial set out in Rule 8; and it would admit the malerial
allegations of the adverse party's pleadings not only where it expressly confesses the
truthfulness thereof but also if it omits to deal with them at all (Asian Construction &
Development Coip v Sannaedle Co., Ltd, G.R. No. 181676, June 11, 2014).
Q: When is judgment on the pleadings improper?

ANS: The following actions cannot be the subject of a judgment on the pleadings as
the material facts alleged in the complaint shall always be proved:
1 Declaration of nullity of marriage;
2 Annulment of marriage; or
3 . Legal separation (ROC. Rule 34, Sec. 1).
Q: When may the court properly render a summary judgment?

ANS: Unless the court orders Ihe conduct of a hearing, a summary judgment shall be
rendered forthwith if Ihe pleadings, supporting affidavits, depositions and admissions on
file, show that, except as to Ihe amount of damages, there is no genuine issue as to any
material fact and that the moving party is entitled to judgment as a matter of law (RROC,
Rulo 35, Sec. 3)
Q: What is a genuine issue?

ANS: A genuine issue is an issue of fact which calls for the presentation of evidence,
as distinguished from an issue which is sham, fictitious, contrived and patently
unsubstantial so as nol to constitute a genuine issue for trial (Smart Communications,
Inc. v. Aldecoa, G.R. No. 166330. September 11, 2013).
REMEDIAL LAW |
San Beds Law-RGCT Bar Operations Center D
Q: When may a claimant file a motion for a summary judgment?

ANS: A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain
a declaratory relief may, at any time after the pleading in answer thereto has been
served, move for summary judgment upon all or any part thereof (ROC, Rule 35, Sec.
1).
Q: When may a defendant file a motion for a summary judgment?
ANS: A party against whom a claim, counterclaim or cross-claim is asserted or a
declaratory relief is sought may, at any time, move for a summary judgment in his favor
as to all or any part thereof (ROC, Rule 35, Sec. 2).
Q: What should a motion for summary judgment contain?

ANS: The motion for summary judgment shall cite the:
1. Supporting affidavits:
2. Depositions or admissions; and
3. The specific law relied upon (RROC. Rule 35. Sec. 3).
Note: The adverse party may file a comment and serve opposing affidavits,
depositions, or admissions within a non-extendible period of 5 calendar days
from receipt of the motion (RROC, Rule 35. Sec. 3).
Q: May the actions of the court on a motion for summary judgment be assailed?
ANS: No. Any action of the court on a motion for summary judgment shall be subject of
an appeal or petition for certiorari, prohibition or mandamus (RROC. Rule 35, Sec. 3).
Q: What should the court do if the case is not fully adjudicated?

ANS: If judgment is nol rendered upon the whole case or for all Ihe reliefs sought and a
trial is necessary, the court may, by examining the pleadings and the evidence before it
and by interrogating counsel, ascertain what material facts exist without substantial
controversy, including the extent to which the amount of damages or other relief is not in
controversy, and direct such further proceedings in the action as are just (RROC, Rule
35, Sec. 4).
Note: The facts so ascertained shall be deemed established, and the trial shall be
conducted on Ihe controverted facts accordingly (RROC, Rule 35, Sec. 4).
Q: May a partial summary Judgment be appealed?

ANS: No. Partial summary judgment is not a judgment but merely an interlocutory
order. It cannot be subject of appeal (ROC, Rule 41, Sec. 1 (h))
Q: What is the form and content of the affidavits and supporting papers In o
motion for summary judgment?
ANS: Supporting and opposing affidavits shall be made on personal knowledge selling
forth facts admissible in evidence and showing affirmatively that the affiant is competent
to testify to the matters staled therein. Certified true copies of all papers or parts thereof
referred to in the affidavit shall be attached thereto and served therewith (ROC, Rulo 35,
Sec. 5).
Q: What is the consequence of submission of affidavits in bad faith?

ANS: Should il appear to its satisfaction al any time that any of the affidavits presented
pursuant to this Rule are presented in bad faith, or solely for purpose of delay, the court
shall order Ihe offending party or counsel to pay to the other party the amount of the
reasonable expenses which the filing of the affidavits caused him or her to incur,
including attorney's fees, and the offending party or counsel may further be adjudged
guilty of contempt (ROC. Rule 35, Sec. 6).
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Q: How is judgment on the pleadings distinguished from summary judgment?

ANS: The following are the distinctions:
DISTINCTIONS BETWEEN JUDGMENT ON THE PLEADINGS
AND SUMMARY JUDGMENT
If there is no genuine issue as to Ihe

existence of a material fact, and that the
otherwise admits the moving party is entitled lo a judgment as a
material allegations of the matter of law (Pascual v. First
adverse party's pleading Consolidated Rural Bank (Bohol). Inc..
(ROC. Rule 34. Sec. 1). G.R. No. 202597. February 8. 2017).
Based solely on the Based on pleadings, depositions, and

pleadings (ROC, Rule 34, admissions (RROC, Rule 35, Sec. 3).
Sec. 1).
Filed by a claiming party May be filed either by the claiming or

(ROC. Rule 34. Sec. 1). defending party (ROC. Rule 35. Secs 1 &
2).
The entire case is There may be a partial termination in a
terminated in a judgment summary judgment (RROC, Rule 35. Sec.
on the pleadings (ROC, 4)
Rule 34, Sec. 1).
There is already an If the motion is filed by the plaintiff, it must
answer filed (ROC. Rule be filed at any time after the answer is
34. Sec 1). served. (ROC, Rule 35. Sec. 1).
If the motion is filed by Ihe defendant, it
may be filed at any time, even before there
is an answer (ROC, Rule 35, Sec. 2).
Q: What arc the parts of a judgment?

ANS: The judgment shall have the following parts:
1. Statement of the case;
2. Stalemenl of facts;
3. Issues or assignment of errors;
4 Court Ruling, in which each issue is, as a rule, separately considered and
resolved, and
5 Dispositive portion “fallo" (Velarde v. Social Justice Society. G.R. No.
159357, April 28. 2004).
Q: If there is a conflict between the body of the judgment and the fallo, which
should prevail?
ANS: The fallo controls. This rule rests on the theory that the fallo is the final order
while the opinion in the body is merely a statement ordering nothing.
Note: The rule applies when the dispositive part of a final decision or order is definite,
clear, and unequivocal, and can wholly be given effect without need of interpretation or
construction (Obra v. Spouses Badua, G.R. No. 149125, August 9. 2007).
REMEDIAL LAWS
San Beda Law-RGCT Bar Operations Center C3
Q: What are the requisites for a valid judgment? (AJO-WES)

ANS: The following are the requisites for a valid judgment:
1. The court or tribunal must be clothed with Authority to hear and determine
the matter before it;
2- The court must have Jurisdiction oyer the parties and subject matter;
3. The parties must have been given an Opportunity to adduce evidence in
their behalf;
4. The Evidence must have been considered by the tribunal in deciding Ihe
case;
5. The judgment must be in Writing, personally and directly prepared by the
judge: and
6. The judgment must Slate clearly the facts and the law upon which it is
based, signed by the judge and filed with the clerk of court (North Colabato
Communications Corp. v. Sto. Tomas. G.R. No. 217575. June 75, 2016).
Note: A dismissal with prejudice is deemed to be judgment on the merits, which must
state clearly and distinctly the facts and the law on which it is based, signed by him, and
filed with the clerk of court (Shimizu v. Leticia Magsalin. G R No. 170026. June 20.
2012).
Q: When does a Judgment or final order attain finality?
ANS; The finality of a judgment becomes a fact upon the lapse ol the reglementary
period of appeal if no appeal is perfected or no motion for reconsideration or new trial is
filed.
Note: It is well-settled that judgments or orders become final and executory by
operation of law and not by judicial declaration. The court need not even pronounce the
finality of the order as the same becomes final by operation of law (Barrio Fiesta
Restaurant v. Beronia, G.R. No. 206690, July 11. 2016).
Q: What is the Doctrine of Immutability of Judgment?

ANS: Under the doctrine of immutability of judgment a decision that has acquired
finality becomes immutable and unalterable, and may no longer be modified in any
respect, even if the modification is meant to correct erroneous conclusions of fact and
law, and whether it be made by the court that rendered it or by (he Highest Court of Ihe
land (Gadrinab v. Salamanca, G.R. No. 194560, June 11. 2014)
Q; What are the exceptions to the Doctrine of Immutability of Judgment?

ANS: This doctrine admits a few exceptions, usually applied to servo substantial
justice:
1. The correction of clerical errors;
2. The so-called nunc pro tunc entries which cause no prejudice to any parly;
3. Void judgments;
4. Whenever circumstances transpire after the finality of the decision rendering
its execution unjust and inequitable (FGU Insurance Corp v RTC, G.R. No.
161282. February 23. 2011), and
5. Clarificatory judgments.
Note: Even a final and executory judgment may be clarified as when there
is ambiguity in the dispositive portion arising from inadvertent omission
(Reinsurance Co. of the Orient. Inc. v. CA. G.R. No. 61250. June 3. 1991).
R. POST-JUDGMENT REMEDIES
MOTION FOR NEW TRIAL OR RECONSIDERATION
Q: What are the grounds for a Motion for New Trial? (FAME-N)
ANS: The grounds for a Motion for New Trial are:
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ZJMK
1. Fraud, Accident, Mistake or Excusable negligence which ordinary prudence
could not have guarded against and by reason of which, the aggrieved party
has probably been impaired in his rights; or
2. Newly discovered evidence, which he could not. with reasonable diligence,
have discovered and produced at trial, and if so presented, would probably
alter the result (ROC, Rule 37, Sec. 1).
Q: What are the grounds for a Motion for Reconsideration of a judgment or final
order?
ANS: The following are the grounds for moving for reconsideration:
1. The damages awarded are excessive;
2. Thal the evidence is insufficient to justify the decision or final order; or
3. That the decision or final order is contrary to law (ROC. Rule 37. Sec. 1).
Q: How shall a motion for new trial or reconsideration be made?

ANS: The movant shall:
1. File a motion in writing slating the ground or grounds therefor; and
2. Serve a written notice of motion on the adverse party.
Note: As a rule, a motion without a notice of hearing is considered pro
forma and does not affect the reglementary period for Ihe appeal or the filing
of Ihe requisite pleading (Preysler, Jr. v. Manila Southcoast Development
Corp.. G.R No. 171872. June 28. 2010).
Q: What shall a motion for new trial contain?

ANS: A motion for new trial shall contain the cause for the motion, which is either:
1 Fraud, accident, mistake, or excusable negligence, which shall be supported
by affidavits of merits which may be rebutted by affidavits (ROC. Rule 37.
Sec. 1, par. a)\
2 Newly discovered evidence, which shall be supported by affidavits ol the
witnesses by whom such evidence is expected to be given, or by duly
authenticated documents which are proposed lo be introduced in evidence
(ROC. Rule 37. Sec. 1. par. b).
Q: What shall a motion for reconsideration state?

ANS: A motion for reconsideration shall point out a specifically the findings or
conclusions of Ihe judgment or final order which:
1 . Arc not supported by Ihe evidence; or
2 Which are contrary to law making express reference lo Ihe:
a. Toslimonial or documentary evidence; or
b. To Ihe provisions of law alleged to be contrary lo such findings or
conclusions (ROC. Rule 37, Sec. 2).
Q: What Is tho effect of filing a motion for new trial or reconsideration which does
not comply with tho requirements regarding the same?
ANS: A pro forma motion for new trial or reconsideration shall not toll the reglementary
period of appeal (ROC. Rule 37, Sec. 2).
Q: What is the period for filing a motion for new trial or reconsideration?
ANS: The period lo file either motion shall be within the period for taking an appeal of
the decision (ROC, Rule 37. Sec. 1).
Q: May a second motion for new trial be allowed?

ANS: Yes. A second motion for new trial, based on a ground not existing nor available
when Ihe first motion was made, may be filed within the lime herein provided excluding
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San Bcda Law-RGCT Bar Operations Center 111
the time during which the first motion had been pending (ROC, Rule 37, Sec. 5, Par.
d)).
Q: May a second motion for reconsideration be allowed?
ANS: No. No party shall be allowed a second motion for reconsideration of a judgment
or final order (ROC, Rule 37, Sec. 5, Par. (2)).
Q: What is the effect If the motion for new trial is granted?

ANS: If a new trial is granted, the original judgment or final order shall be vacated, and
the action shall stand for trial de novo', but the recorded evidence taken upon Ihe former
trial, insofar as the same is material and competent to establish the Issues, shall be
used at the new trial without retaking the same (ROC, Rule 37, Sec. 6).
Q: What is the effect if the motion for reconsideration is granted?

ANS: If the court finds that excessive damages have been awarded or the judgment or
final order is contrary to the evidence orlaw. it may amend such judgment or final order
accordingly (ROC, Rule 37, Sec. 3).
Q: What is the remedy against an order denying a motion for new trial or
reconsideration?
ANS: An order denying a motion for new trial or reconsideration is not appealable, the
remedy being an appeal from the judgment or final order (ROC, Rule 37, Sec. 9).
Q: What is the Fresh Period Rule?

ANS: Where the motion for new trial or reconsideration is denied, the movant shall
have a fresh period within which to file his appeal of the judgment or final order. The
"fresh period" is 15 days counted from the receipt of the order denying the motion for
new trial or for reconsideration (Neypes v. CA. G.R. No. 141524, September 14, 2005).
Q: Does the Fresh Period Rule apply to the petition for certiorari under Rulo 64?
ANS: The Fresh Period Rule does not apply to the petition for certiorari under Rule 64
of the Rules of Court (Fortune Life Insurance Company, Inc. v. COA Proper, G.R. No.
213525, January 27, 2015).
APPEALS IN GENERAL
Judgments and Final Orders Subject to Appeal
Q: What may be the subject of appeal under the ordinary rules of procedure?
ANS: An appeal is available only from a judgment or a final order that completely
disposes of the case or of a particular matter therein when declared by the Rules to be
appealable (ROC, Rule 41. Sec. 1).
Q: What is the proper remedy against a judgment rendered with grave abuso of
discretion?
ANS: Since a judgment is appealable, the proper remedy to obtain a reversal ol
judgment on the merits, final order or resolution is appeal. This holds true even if Ihe
error ascribed to the court rendering the judgment is its lack of jurisdiction over Ihe
subject matter, or the exercise of power in excess thereof, or grave abuse of discretion
in the findings of fact or of law set out in the decision, order or resolution. The existence
and availability of the right of appeal prohibits the resort to certiorari because one of Ihe
requirements for the latter remedy is the unavailability of appeal (Chua v. People, G.R.
No. 195248. November 22, 2017).
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Matters Not Appealable

Q: What orders or judgments may not be appealed from? (DID-D-ESS)
ANS: No appeal may be taken from:
1. An order denying a petition for relief or any similar motion seeking relief
from judgment:
2. An Interlocutory order;
3. An order Disallowing or dismissing an appeal;
4. An order denying a motion to Set aside a judgment by consent, confession
or compromise on the ground of fraud, mistake or duress or any other
ground vitiating consent;
5. An order of Execution;
6. A judgment or final order for or against one or more of several parties or in
Separate claims, counterclaims, cross-claims and third-party complaints,
while the main case is pending, unless the court allows an appeal therefrom;
and
7. An order Dismissing an action without prejudice (ROC, Rule 41. Sec. 1).
Note: Where the MTC dismisses a case for lack of jurisdiction and appeal of
such dismissal is made to the RTC. should the latter affirm the dismissal
and if it has jurisdiction over the subject matter, the RTC shall try the case
as if it were originally filed with it (ROC, Rule 40, Sec. 8).
Q: What is the remedy in those instances where the judgment or final order is not
appealable?
ANS: The aggrieved party may file the appropriate special civil action under Rule 65
(ROC. Rule 41. Sec. 1; Crisologo v. JEWM Agro-Industrial Corporation. G.R. No.
196894. March 3. 2014)
MQdpsof Appeal
Q: What are the different modes of appeal?
ANS: The different modes of appeal are;
1. Ordinary appeal;
2. Petition for review; and
3 Appeal by certiorari (ROC. Rule 41. Sec. 2).
Q: What is an ordinary appeal?

ANS: It is the appeal to the Court of Appeals in cases decided by the Regional Trial
Court in the exercise of its original jurisdiction (ROC, Rule 41, Sec. 2); or an appeal from
a judgment or final order of a Municipal Trial Court taken to Ihe Regional Trial Court
exercising jurisdiction over the area to which the former pertains (ROC, Rule 40, Sec.
1)-
Q: What Is a petition for review?

ANS: It is the appeal to the Court of Appeals in cases decided by the Regional Trial
Court in the exercise of its appellate jurisdiction in accordance with Rule 42 (ROC. Rule
41, Sec. 2)\ or an appeal to ihe Court of Appeals from awards, judgments, final orders or
resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-
judicial functions (ROC. Rule 43. Sec. 1).
Q: What is appeal by certiorari?

ANS: The appeal by certiorari under Rule 45 of the Rules of Court, is brought to the
Supreme Court and resolves only questions of law (Heirs of Nicolas Cabigas v,
Limbaco. G.R. No. 175291. July 27, 2011).
REMEDIAL LAWS
Issues to be raised Qn aQRQS!

Q: Discuss the types of questions that may be raised in an appeal.
ANS: The following are the types of questions that may be raised in various modes of
appeal:
Questions of fact, questions of Ordinary Appeal (ROC, Rule

law, or mixed questions of fact 40)
and law
Questions of fact or mixed Ordinary Appeal (ROC. Rule
questions of fact and law 41)
Only questions of lav? Appeal by Certiorari (ROC,

Rule 45)
Questions of fact, questions of Petition for Review (ROC,

lav/, or mixed questions of fact Rule 42)
and lav;
gUjy Questions of fact, questions of Petition for Review (ROC.

lav/, or mixed questions of fact Rule 43)
and lav/
Note: Where the findings of a

quasi-judicial agency are
supported by substantial
evidence. such findings are
conclusive and binding on the
appellate court (NGEI Multi
purpose Cooperative Inc. v.
Filipinos Palmoil Plantation luc..
G.R. No. 184950, October 11.
2012).
Only questions of law Appeal by Corliorari (ROC,

Rulo 45)
(Sevilleno v. Carilo, G.R. No. 146454, September 14, 2007; Carpio v. Sulu Resources
Development Corp., G.R. No. 148267, August 8. 2002).
Q: When is a question that of fact, and that of law?

ANS: There is a question of law when the doubt or difference arises as to what the law
is on a certain set of facts; a question of fact on the other hand exists when the doubt or
difference arises as to the truth or falsehood of the alleged facts (Miro v. De Erederos.
G.R. No. 172532, November 20. 2013).
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Period of appeal
Q: Discuss how appeal may be taken under the Rules of Court.
ANS: Appeal may be taken as follows:
1 Decisionsof'; Appeal to l^dwTfak'eii j Period 1
|. T. _ l. *.......... J
MTCs . , RTC Ordinary Within 15 days after notice to the appellant

1' S Appeal, by of Ihe judgment or final order.
notice of Note: Where a record on appeal is
! i appeal or
required, the appellant shall file a notice of
record of appeal and a record on appeal within 30
appeal days (ROC. Rule 40, Sec. 2).
CA Ordinary Within 15 days after notice to the appellant
Appeal, by of the judgment or final order.
WEKiaferri! notice of Note: Where a record on appeal is
appeal or required, the appellant shall file a notice of
record of appeal and a record on appeal within 30
appeal days. However, on appeal in habeas
1 corpus cases shall be taken within 48
hours (ROC. Rule 41, Sec. 3).
SC. for Appeal by Within 15 days from notice of Ihe judgment
pure Certiorari or final order or resolution.
H questions Note: On motion duly filed and served, with
of law full payment of the docket and other lawful
fees and Ihe deposit for costs before the
expiration of Ihe reglementary period, the
Supreme Court may for justifiable reasons
grant an extension of 30 days only within
which lu file the petition (ROC, Rule 45,
Sec. 2).
CA Petition for Within 15 days from notice of Ihe judgment
Review or final order or resolution.
rapw (ROC, Rule Note: Upon proper motion and the
Wfe.;.: ■ ■12). payment of the full amount of Ihe docket
and other lawful fees and the deposit for
costs before Ihe expiration of the
reglementary period. Ihe Court of Appeals
may grant an additional period of fifteen 15
days only within which lo file Ihe petition for
review. No further extension shall be
granted except for the most compelling
reason and in no case to exceed fifteen 15
days (ROC. Rule 42. Sec. 1).
Quasl- CA Petition for The appeal shall be taken within 15 days

Judiclab Review from notice of the award, judgment, final
Agonies (ROC, Rule order or resolution, or from Ihe dale of its
underRule last publication.
Note: Upon proper motion and the
payment of the full amount of the docket
fee before the expiration of the
REMEDIAL LAW fl
LI
San Bcda Laiv-RGCT Bar Operations Centar
How Taken 1 Period

Decisions of Appeal to
• reglementary period, the Court of Appeals
may grant an additional period of 15 days
only within which to file the petition for
review (ROC, Rule 43, Sec. 4).
CA. SB, CTA

En Banc
1 sc Appeal by Within 15 days from notice ol the judgment
Certiorari or final order or resolution.
(ROC. Rule
Note: On motion duly filed and served, with
45). full payment of the docket and other lawful
fees and Ihe deposit for costs before Ihe
expiration of the reglementary period, Ihe
Supreme Court may for justifiable reasons
grant an extension of 30 days only within
which to file the petition (ROC, Rule 45.
Sec. 2).
Perfection of appeal
Q: When is a party’s appeal perfected?
ANS: A party’s appeal Is perfected in the following cases:
_______________________ PERFECTION OF APPEAL
Appeal from Municipal Notice of appeal- A party's appeal by notice of appeal

Trial Courts to the is deemed perfected as to him upon the filing of the
Regional Trial Courts; notice of appeal in due time (ROC. Rulo 41, Sec. 9).
and 2. Record on appeal- A party's appeal by record on
Appeal Regional Trial appeal is deemed perfected as to him with respect lo
Courts to the Court of the subject matter thereof upon Ihe approval of Ihe
Appeals record on appeal filed in due lime (ROC, Rule 41,
Sec. 9).
Petition for review from The appeal is deemed perfected as lo Ihe petitioner:
the Regional Trial 1. Upon Ihe timely filing of a petition for review; and
Courts to the Court of 2. The payment of the corresponding docket and other
Appeals lawful fees (ROC, Rulo 42, Sac. IJ (n).
Q: Which court approves record on appeal?

ANS: The trial court may approve Ihe record of appeal upon the filing of Ihe record on
appeal for approval and if no objection is filed by the appellee within five (5) days from
receipt of a copy thereof (ROC, Rule 41, Sec. 7).
Q: What is the effect of non-payment of docket and other lawful fees?

ANS: Failure to perfect an appeal within the prescribed period is not a mere
technicality but jurisdictional and failure to perfect an appeal renders the judgment final
and executory. Payment in full of docket fees within the prescribed period is mandatory.
It is an essential requirement without which Ihe decision appealed from would become
final and executory as if no appeal had been filed (National Transmission Corporation v.
Heirs of Teodulo Ebesa, G.R. No. 186102, February 24. 2016).
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Q: What is the effect of the perfection of appeal of all the parties?

ANS: The trial court is deemed to have lost jurisdiction over the case or the subject
matter involved in the appeal (Fernandez v. CA, G.R. No 131094. May 16. 2005).
Q: When is residual jurisdiction of the trial court available?

ANS: The residual jurisdiclion of the trial court is available at a stage which is reached
upon the perfection of the appeals by the parties or upon the approval of Ihe records on
appeal, but prior to the transmittal of the original records or the records on appeal
(Fernandez v. CA, G.R. No 131094, May 16, 2005).
Q: What may the trial courts exercise pursuant to its residual jurisdiction?
ANS: The trial courts may:
1. Issue orders for the protection and preservation of the rights of Ihe parties
which do not involve any matter litigated by appeal;
2. Approve compromises;
3. Permit appeals of indigent litigants;
4. Order execution pending appeal in accordance with Sec. 2, Rule 39; and
5. Allow withdrawal of appeal (ROC. Rule 41, Sec. 9, DBP v. Carpio. G.R. No.
195450. February 01. 2017).
Appeal from Judgments or Final Orders of the Metropolitan Trial Courts/Municloal Trial
Courts/Municipal Trial Courts in Cities/Municipal Circuit Trial Courts
Q: What is the period for submitting memoranda on appeal to the RTC, regarding
appealed MTC decisions?
ANS: Within 15 days from notice of the RTC's receipt of the complete record or the
record on appeal, it shall be the duty of the appellant to submit a memorandum which
shall briefly discuss Ihe errors imputed to the lower court, a copy of which shall be
furnished by him to the adverse party. Within 15 days from receipt of the appellant's
memorandum, the appellee may file his memorandum.
Note: Failure ol the appellant to file a memorandum shall be a ground for dismissal of
the appeal (ROC. Rule 40. Sec. 7)
Q: What is the basis of the RTC when in deciding cases on appeal?

ANS: The Regional Trial Courl shall decide the case on the basis of Ihe entire record
of the proceedings had in Ihe court of origin and such memoranda as are filed (ROC.
Rulo 40. Sec. 7).
Q: If a case is dismissed by the MTC on the ground of lack of Jurisdiction over the
subject matter, what is the proper action of the RTC on appeal?
ANS: In case of affirmance and the ground of dismissal is lack of jurisdiction over Ihe
subjecl mailer, the Regional Trial Court, if it has jurisdiction thereover, shall try the case
on the merits as if the case was originally filed wilh it. In case of reversal, the case shall
be remanded for further proceedings (ROC. Rule 40, Sec. 8).
Q: If a case is tried on the merits by the MTC despite lack of jurisdiction over the
subject matter, what is the proper action of the RTC on appeal?
ANS: If the case was tried on the merits by the lower courl without jurisdiction over the
subjecl matter, the Regional Trial Court on appeal shall not dismiss the case if it has
original jurisdiction thereof, but shall decide the case on the merits as if the case was
originally filed with it (ROC. Rule 40. Sec. 8).
Q: Are the rules governing appeals from RTCs applicable in appeals from MTCs?
ANS: Yes. The other provisions of Rule 41 shall apply to appeals provided for herein
insofar as they are not inconsistent with or may serve to supplement the provisions of
Rule 40 (ROC, Rule 40, Sec 9).
//
REMEDIAL LAW B
San Beda Lavz-RGCT Bar Operabons Center ■
Appeal from Judgments or Final Orders of the Regional Trial Court

Q: When may the RTC dismiss the appeal from its decision?
ANS: Prior to the transmittal of the original record or the record on appeal, the trial
court may, motu proprio or on motion, dismiss the appeal for:
1 . Having been taken out of time; or
2 Non-payment of the docket and other lawful fees within the reglementary
period (ROC, Rule 41, Sec. 13).
Q: Will an appeal from Regional Trial Courts to the Court of Appeals stay an
execution?
ANS: Yes. Except in civil cases decided under the Rule on Summary Procedure, the
appeal shall stay the judgment or final order unless the Court of Appeals, the lav/, or
these Rules shall provide otherwise (ROC, Rule 42. Sec. 18).
Q: When may the CA dismiss a petition for review of □ case decided by the RTC?
ANS: The CA may dismiss the appeal if:
1. The petitioner to comply with any of the requirements regarding the payment
of the docket and other lawful fees, the deposit for costs, proof of service of
the petition, and the contents of and the documents which should
accompany the petition (ROC, Rule 42, Sec. 3). or
2. If the CA finds the petition for review to be patently without merit, prosecuted
manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration (ROC, Rule 42. Sec. 4).
Q: What is the effect of improper appeal to the CA?

ANS: An appeal by notice of appeal instead of by petition for review from the judgment
of a Regional Trial Court in the exercise of its appellate jurisdiclion shall be dismissed
(ROC, Rulo 50, SOC. 2).
Q: What is the effect of erroneous appeal made to the CA?

ANS: An appeal under Rule 41 taken from Ihe Regional Trial Court to the Court of
Appeals raising only questions of lav/ shall be dismissed, issues purely of lav/ not being
reviewable by said court.
Note: An appeal erroneously taken to this Court shall nut be transferred to Ihe
appropriate court but shall be dismissed outright (ROC. Rulo 50. Sec. 2).
Q: May the CA consider Issues not raised on appeal?

ANS: It is axiomatic that issues raised for the first lirne on appeal v/ill not be
entertained because to do so would be anathema lo the rudiments of fairness and due
process (Punongbayang-Visitacion v. People, G.R No 194214, January 10, 2018).
Q: Cite instances where the court may consider issues not raised on appeal as
exceptions. (JECIRD)
ANS: An appellate court is clothed with ample authority lo review rulings even if they
are not assigned as errors in the appeal in these instances:
1. Grounds not assigned as errors but affecting Jurisdiction over the subjecl
mailer;
2. Matters not assigned as errors on appeal but are evidently plain or clerical
Errors within contemplation of law;
3. Matters not assigned as errors on appeal but consideration of which is
necessary in arriving at a just decision and Complete resolution of the case
or lo serve the interests of justice or to avoid dispensing piecemeal justice;
4. Matters not specifically assigned as errors on appeal but raised in the trial
court and are matters of record having some bearing on the issue submitted
which the parties failed to raise or which the lower court Ignored;
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5. Matters not assigned as errors on appeal but closely Belated lo an error

assigned; and
6. Matters not assigned as errors on appeal bul upon which the determination
of a question properly assigned, is Dependent (Mendoza v. Bautista. G.R.
No. 143666. March 18. 2005).
Q: What Is the Harmless Error Rule?

ANS: Under the harmless error rule, the court at every stage of Ine proceeding musl
disregard any error or defect which does not affect the substantial rights of the parties.
No error in either the admission or the exclusion of evidence and no error or defect in
any ruling or order or in anything done or omitted by the trial court or by any of the
parties is ground for granting a new trial or for setting aside, modifying, or otherwise
disturbing a judgment or order, unless refusal to take such action appears lo the court
inconsistent with substantial justice (ROC. Rule 51, Sec. 6).
Appeal from judgments or final orders of the Court of Appeals

Q: How may appeal from a judgment or final order of the CA bo taken?
ANS: Appeal from the judgments or final orders of the CA concerning purely questions
of law which musl be distinctly set forth may be elevated lo the SC by way of petition for
review on certiorari (ROC. Rule 45).
Appeal from judgments or final orders of the Sandiganbayan

Q: How may appeal be taken from decisions of the Sandiganbayan in civil cases?
ANS: The appeal to Ihe Supreme Court in civil cases decided by the Sandiganbayan
shall be by petition for review on certiorari under Rule 45 of the Rules of Court (A.M. No.
13-7-05-SB. Rulo XI. Sec. 1).
Appeal from judgments or final orders of the Court of Tax Appeals

Q: How is appeal from judgments or final orders of the Court of Tax Appeals en
banc made?
ANS: A party adversely affected by a decision or ruling of the Court en banc may
appeal therefrom by filing with the Supreme Court a verified petition for review on
certiorari within fifteen days from receipt of a copy of the decision or resolution, as
provided in Rulo 45 of the Rules of Court (A.M. No. 05 11 07 CTA, Rule 1G. Sec. 1).
Q: Is a petition for review on certiorari a matter of right?

ANS: No A review is not a matter of right, but of sound judicial discretion, and will be
granted only when there arc special and important reasons (ROC, Rule 45, Sec. 6).
Q: What questions may the Supreme Court decide on under Rule 45?
ANS: The jurisdiction of the Court under Rule 45, Section 1 is limited only to errors of
law as Ihe Court is nol a trier of facts (Galan v. Vinarao, G.R. No.205912, October 18,
2017).
Q: When may the Supreme Court decide on questions of fact? (CIG-JFC-FF-O-FF)

ANS: In petition for review on certiorari under Rule 45, the Court is generally limited lo
reviewing only errors of law. Nevertheless, the court has enumerated several exceptions
to this rule, such as when:
1. Conclusion is grounded on speculations, surmises or conjectures;
2. Inference is manifestly mistaken, absurd or impossible;
3. Grave abuse of discretion;
4. Judgment is based on misapprehension of facts;
5 Findings of fact are conflicting;
6. No citation of specific evidence on which the factual findings are based;
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7. findings of absence of facts are contradicted by the presence of evidence

on record;
8. Findings of the Court of Appeals are contrary to those of the trial court;
9. The Court of Appeals manifestly Overlooked certain relevant and
undisputed facts that, if properly considered, would justify a different
conclusion;
10. findings of the Court of Appeals are beyond the issue of the case; and
11. findings are contrary to the admission of both parties (Carbonell v.
Carbonell-Mendes, G.R. No. 205681, July 1, 2015).
Q: What is the effect of improper appeal made to the Supreme Court?

ANS: Except as provided in Sec. 3, Rule 122 regarding appeals in criminal cases
where the penalty imposed is death, reclusion perpetua or life imprisonment, an appeal
taken to the Supreme Court by notice of appeal shall be dismissed (ROC, Rule 56, Sec.
6).
Q: What is the effect of erroneous appeal made to the Supreme Court?

ANS: An appeal by certiorari taken to the Supreme Court from the Regional Trial Court
submitting issues of fact may be referred to the Court of Appeals for decision or
appropriate action (ROC, Rule 56, Sec. 6).
Note: The determination of the Supreme Court on whether or not issues of fact are
involved shall be final (ROC, Rule 56, Sec. 6)
Q: When may the SC dismiss a petition for review on certiorari?

ANS: The SC may dismiss the petition for review on certiorari if:
1. The petitioner fails to comply with any of the requirements regarding the
payment of the docket and other lawful fees, the deposit for costs, proof of
service ol the petition, and Ihe contents of and the documents which should
accompany the petition; or
2. The appeal is without merit, or is prosecuted manifestly for delay, or that Ihe
questions raised therein are too unsubstantial to require consideration
Q: What are the requirements in order for ihe Supreme Court to extend the time
for filing petition for review on certiorari?
ANS: The period may be extended for 30 days provided that:
1. A motion duly filed and served;
2. Full payment of the docket and other lawful fees and the deposit for costs
before the expiration of the reglementary period; and
3. Made with justifiable reasons (ROC, Rule 45, Sac. 2).
Review of Final Judgments or Final Orders of the Commission on Audit and Commission
on Elections
Q: How may a judgment, resolution or final order of the Commission on Election
(COMELEC) or Commission on Audit (COA) be assailed?
ANS: A judgment, resolution or final order of the COMELEC and COA may be brought
by the aggrieved party to the SC on certiorari under Rule 65 in relation to Rule 64 by
filing the petition within 30 days from notice (ROC, Rule 64. Secs 1 & 2).
Review of Final Judgments or Final Orders of the Civil Service Commission

Q: How may a judgment, resolution or final order of the Civil Service Commission
(CSC) be assailed?
ANS: A judgment, final order or resolution of the CSC may be taken to the CA via a
petition for review under Rule 43 (ROC, Rule 43, Sec. 1).
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Review of Final Judgments or Final Orders of the Ombudsman

Q: How may the orders, directives, or decisions of the Ombudsman be assailed?
ANS: It depends on the nature of the order, directive, or decision:
1. In administrative or disciplinary cases, an appeal from the orders, directives,
and decisions of the Ombudsman may be brought before the CA via a
petition for review under Rule 43 (ROC, Rule 43. Sec. 1); and
2. In criminal or non-administrative cases, the remedy should be taken before
the SC via a petition for certiorari under Rule 65 (ROC, Rule 65, Sec. 1).
Review of Final Judgments or Final Orders of the National Labor Relations Commission
Q: How may judgments or final orders of the National Labor Relations
Commission (NLRC) be assailed?
ANS: Decision of the NLRC may be reviewed by the CA through a special civil action
for certiorari under Rule 65 of the Rules of Court (Philippine National Bank v. Gregorio,
G.R. No. 194944, September 18. 2017).
Review of Final Judgments or Final Orders of Quasi-Judicial Agencies

Q: Will an appeal from Quasi-Judicial Agencies to the Court of Appeals stay an
execution?
ANS: The appeal shall not stay the award, judgment, final order or resolution sought to
be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it
may deem just (ROC. Rule 43. Sec. 12).
RELIEF FROM JUDGMENTS, ORDERS AND OTHER PROCEEDINGS

Q: When may a petition for relief from judgment, order, or other proceedings be
filed?
ANS: When a judgment or final order is entered, or any other proceeding is thereafter
taken against a party in any court through fraud, accident, mistake, or excusable
negligence, he may file a petition in such court and in the same case praying that the
judgment, order or proceeding be set aside (ROC. Rule 38. Sec. 1).
Note: When a judgment or final order is rendered by any court in a case, and a party
thereto, by fraud, accident, mistake, or excusable negligence, has been prevented from
taking an appeal, he may file a petition in such court and in the same case praying that
the appeal be given due course (ROC. Rule 38. Sec. 2).
Q: What is the period for filing a petition for relief?

ANS: A petition provided for in either of the preceding sections of this Rule must be
verified, filed:
1. Within GO days after the petitioner learns of the judgment, final order, or
other proceeding to be set aside; and
2. Not more than six (6) months after such judgment or final order was
entered, or such proceeding was taken (ROC, Rule 38, Sec. 3).
Q: What should be the contents of a petition for relief?

ANS: A verified petition for relief must be accompanied with affidavits showing the
fraud, accident, mistake, or excusable negligence relied upon, and Ihe facts constituting
the petitioner's good and substantial cause of action or defense, as the case may be
(ROC Rule 38. Sec. 3).
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

Q: When is an action for annulment of judgment or final orders available?
ANS: Annulment of judgment is available when the ordinary remedies of new trial,
appeal, petition for relief or other appropriate remedies are no longer available through
no fault of the petitioner (ROC. Rule 47. Sec. 1).
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Note: An action for annulment of judgment is never resorted to as a substitute for a

party's own neglect in nol promptly availing of the ordinary or other appropriate
remedies (Manila v. Manzo, G.R. No.163602, September 7, 2011).
Q: Where may an action for annulment of judgment or final orders be filed?

ANS: The action may be filed in:
1. RTC - in case of judgments or final orders of the MTCs (ROC, Rule 47.
Sec. 10); and
2. CA - in case of judgments or final orders of RTCs (ROC. Rule 47, Sec. 1).
Q: State the grounds for annulment of judgment or final orders.

ANS: An action for the annulment of judgment may be based only on the ground of
extrinsic fraud and lack of jurisdiction (ROC, Rule 47. Sec. 2).
Q: When is extrinsic fraud not a valid ground to annul a judgment?

ANS: Extrinsic fraud is not a valid ground to annul a judgment If it was availed of. or
could have been availed of. in a motion for new trial or petition for relief (ROC, Rule 47,
Sec. 2).
Q: What does lack of jurisdiction as a ground to annul a judgment refer to?

ANS: It refers to either lack of jurisdiction over the person of the defending party or
over the subject matter of the claim (Republic v. G Holdings Inc., G.R. No. 141241.
November 22, 2005).
Q: What is the period to file an action to annul a judgment be filed?

ANS: The period within which an action to annul a judgment should be filed is as follows;
1. Where the ground is based upon extrinsic fraud, the action must be filed
within four (4) years from its discovery; or
2. If the ground is based on lack of jurisdiction, the action must be brought
before the action is barred by laches or estoppel (ROC. Rule 47. Sec. 3).
Q: What is the effect of the filing of annulment of judgment on the prescription of

original action?
ANS: The prescriptive period for the refiling of the original action shall be deemed
suspended from the filing of such original action until the finality of Ihe judgment of
annulment (ROC, Rule 47, Sec. 0).
Note: The prescriptive period shall nol be suspended where the extrinsic fraud is
attributable Io Ihe plaintiff in Ihe original action (ROC, Rulo 4 7, Sac li).
Q: State the effects of the judgment of annulment.

ANS: The effects of the judgment of annulment aro the following:
1. On the ground of lack of jurisdiction:
a. The questioned judgment or order shall be set aside and rendered
void. The nullity shall be without prejudice Io Ihe re-filing of Ihe original
action in the proper court (ROC, Rule 47, Sec. 7)\ and
b. The prescriptive period to re-file shall be deemed suspended from Ihe
filing of such original action until Ihe finality of the judgment of
annulment (ROC, Rule 47, Sec. 6).
2. On the ground of extrinsic fraud:
a. The court, upon motion may order the trial court to try the case as if a
motion for new trial was granted (ROC, Rule 47, Sec. 7);
b. The prescriptive period shall not be suspended if the extrinsic fraud is
attributable to the plaintiff in the original action (ROC Rule 47, Sec. flj;
and
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c. The court may include Ihe award of damages, attorney's fees, and
other relief (ROC. Rule 47, Sec. 9).
COLLATERAL ATTACK OF JUDGMENTS

Q: What is a collateral attack of judgment?
ANS: A collateral attack is defined as an attack, made as an incident in another action,
whose purpose is to obtain a different relief.
II is proper only when the judgment, on its face, is null and void, as where it is
patent that the court which rendered said judgment has no jurisdiction (Samson R.
Pacasum. Sr. v. Atty. Marietta D. Zamoranos, G.R. No.193719. March 21. 2017)
S. EXECUTION, SATISFACTION, AND EFFECT OF JUDGMENTS

DIFFERENCE BETWEEN FINALITY OF JUDGMENT FOR PURPOSES OF APPEAL; FOR
PURPOSES OF EXECUTION
Q: What is the difference between finality of judgment for purposes of appeal and
finality of judgment for purposes of execution?
ANS: For purposes of appeal, a judgment or order is final if it disposes of the action or
proceeding II is one that leaves nothing else for Ihe couit to do, so that it Is now
appealable (Investments. Inc. v. CA. G. R. No. L-60036. January 27, 1987). For
purposes of execution, a judgment or final order is final if no appeal has been duly
perfected; and execution shall issue (Yap v. Lagtapon, G.R. No. 196347, January 23.
2017).
WHEN EXECUTION SHALL ISSUE

Q: When is execution issued as a matter of right?
ANS: Execution shall issue as a mailer of right, on motion, upon a judgment or order
that disposes of (he action or proceeding:
1. Upon the expiration of Ihe period to appeal therefrom is no appeal has been
duly perfected; or
2. If the appeal has been duly perfected and finally resolved (ROC, Rule 39.
Sec. 1).
Q: Where should tho motion for execution be filed?

ANS: Execution shall be applied for in the court of origin.
Note: If Ihe appeal has been duly perfected and finally resolved, the execution may
forthwith bo applied for in the court of origin, on motion of Ihe judgment obligee,
submitting therewith certified true copies of the judgment or judgments or final order or
orders sought lo be enforced and of Ihe entry thereof, with notice to the adverse party
(ROC. Rulo 39. Sec. 1).
Q: Is a hearing necessary upon the motion for execution when the same is a
matter of right?
ANS: No. Non-liligious motions, including a motion for the issuance of a writ of
execution, shall not be set for hearing and shall be resolved within 5 calendar days
Q: Is advance notice to the adverse party required when execution is a matter of

right?
ANS: No Once a judgment becomes final and executory, the prevailing party can have
it executed as a matter of right, and the judgment debtor need not be given advance
nolice of the application for execution (Anama v. Philippine Savings Bank. G.R. No.
187021. January 25. 2012).
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Q: How may discretionary execution issue? (MF-HR-S)

ANS: An execution may be allowed even before the expiration of the period for appeal
or pending appeal provided the following requisites are present:
1. There must be a Motion Tiled by the prevailing party with notice to the
adverse party;
2. The motion must be Filed with the trial court while it has jurisdiction over the
case and Is In possession of either the original record or the record on
appeal, as the case may be. at the time of the filing of the motion;
3. There must be a Hearing of the motion for discretionary execution;
4. There must be good Reasons to justify the discretionary execution; and
5. The good reasons must be stated in a Special order (ROC, Rule 39, Sec. 2,
Par. (a)).
Q: What are good reasons to justify discretionary execution?

ANS: Good reasons are those which constitute superior circumstances demanding
urgency which will outweigh the injury or damages should the losing party secure the
reversal of the judgment. The Rules of Court did not intent that execution pending
appeal shall issue as a matter of right (Ong v. CA, G.R. No. 92241. October 17. 1991).
Q: What are examples of good reasons which may justify discretionary execution?
ANS: Examples of good reasons are:
1. Where there Is danger of the judgment becoming ineffectual, as where the
losing party is disposing of its assets (Scottish Union & National Insurance
Co. v. Macadaeg, G.R. Nos. L-5717 and L-5751 to L-5756, August 30, 1952);
2. Where the articles subject of the case would deteriorate (Federation ol
United NAMARCO Distributors v. CA G.R. No. L-17019. March 31. 1962); and
3. Where the judgment debtor is insolvent or in imminent danger of being
insolvent (Santos v. Mnjica, G.R. No. L-242G6, January 24. 1969).
Q: Enumerate the circumstances when a writ of execution may be quashed.

(WC-EC-TIDI-PA)
ANS: A writ of execution may be quashed only in the following: circumstances:
1. The Writ of execution varies Ihe judgment;
2. I here has been a £hange in the situation of the parties making execution
inequitable or unjust;
3. Execution is sought to be enforced against property exempt from execution;
4. It appears that Ihe Controversy has been submitted to the judgment of the
court;
5. The Terms of the judgment are not clear enough and there remains room for
interpretation thereof; or
6. Il appears that the writ of execution has been Improvidenlly issued, or that it
is Defective in substance, or Issued against the wrong parly, or that tho
judgment debt has been Paid or otherwise satisfied, or the writ was issued
without authority (Vargas v. Cajucom, G.R. No. 171095, Juno 22, 2015).
Q: How may discretion execution be stayed?

ANS: Discretionary execution may be stayed upon approval by the proper court of a
sufficient supersedeas bond filed by the party against whom it is directed, conditioned
upon the performance of the judgment or order allowed to be executed in case it shall
be finally sustained in whole or in part (ROC, Rule 39, Sec. 2).
HOW A JUDGMENT IS EXECUTED

Q: What are the modes of execution of judgment?
ANS: The following are Ihe modes of execution:
1. Execution by motion may be had if the enforcement of the judgment is
sought within five (5) years from the date of its entry; and
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2. Execution by independent aclion may be had when the 5-year period has
elapsed from the entry of judgment and before it is barred by the statute of
limitations.
Note: The independent action lo revive the judgment must be filed within 10
years from the date the judgment became final (ROC. Rule 39. Sec. 6).
Q: What is the proper venue for an action to revive judgment?

ANS: The proper venue depends on whether the action for revival of judgment is a real
aclion or a personal action. If the aclion for revival of judgment affects title to or
possession of real properly, or inleresl therein, then it is a real action that must be filed
with the court of the place where the real property is located. If such aclion does nol fall
under the category of real actions, it is then a personal aclion that may be filed with the
court of the place where the plaintiff or defendant resides (Infante v. Aran Builders, Inc.,
G.R. No. 156596, August 24, 2007).
Q: What are the contents of a writ of execution? (CN-TDS)

ANS: The writ of execution shall issue in the name of the Republic of Ihe Philippines
from the court which granted the motion and shall slate:
1 The name of Ihe Court which granted Ihe motion:
2. The case Number;
3. The Title;
4. The Dispositive portion of the judgment or order subject of the execution;
and
5. An order requiring the Sheriff or other proper officer to whom it is directed to
enforce the writ according to its lerms (ROC, Rule 39, Sec. 8).
Q: How docs the officer enforce the judgment for money?

ANS: The officer enforces the judgment by:
1. Immediate payment on demand - The officer enforcing the wril shall
demand from the judgment obligor the immediate payment of the full
amount stated in the judgment including Ihe lawful fees in cash, certified
check payable to the judgment obligee or any other form of payment
acceptable to him.
2. Satisfaction bv lew - If Ihe judgment obligor cannot pay all or part of the
obligation in cash, certified check payable to the judgment obligee or other
mode of payment acceptable lo the latter, Ihe officer shall levy upon the
properlies of Ihe judgment obligor.
3. Garnishment of debts and credits - The officer may levy on the debts due
the judgment debtor including bank deposits, financial interests, royalties,
commissions and other personal property nol capable of manual delivery in
tho possession or control of third parties (ROC, Rule 39, Sec. 9).
Q: When Is It necessary to resort to satisfaction by levy?

ANS: It is necessary only if the obligor cannot satisfy the judgment in cash, certified
check, or any other mode of payment acceptable to the judgment creditor (ROC, Rule
39, Sec. 9. Par. (b)).
Q: Who shall have the option of selecting which property shall be levied upon?
ANS: The judgment obligor shall have the option of selecting which properly shall be
levied upon sufficient to cover the judgment debt. Should he fail lo exercise the option,
the officer shall first levy on Ihe personal properties, if any, and then on the real
properties if the personal properties are insufficient. The sheriff shall sell only a sufficient
portion of the properties of which has been levied and only so much of them as is
sufficient to satisfy the judgment and lawful fees (ROC, Rule 39, Sec. 9).
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Q: How shall a judgment for the performance of a specific act be executed?

ANS: If the judgment requires a person to perform a specific act, all that a sheriff is
called upon lo do is to serve the writ of execution with a certified copy of the judgment
requiring specific performance upon the party or parties against whom the same was
rendered.
Note: In case of failure to abide, it is at the prevailing party's instance not the sheriffs
that the aid of the court may be sought (Del Rosario v. Bascar, A.M. No. P-88-255.
March 3. 1992).
Q: What may be done in case of failure to comply with specific acts required by
the court?
ANS: The court may direct Ihe act to be done, al the cost of Ihe disobedient party, by
some other person appointed or designated by the court and the act when so done shall
have like effect as if done by the party himself (Calauag v. Pecson, G.R. No. L-1403,
October 29, 1948).
Q: What is a special judgment?

ANS: It is one which can only be complied with by the judgment obligor because of his
personal qualifications or circumstances. It is one other than payment of money or for
the sale or delivery of real or personal property (Sia v. Arcenas. G.R. Nos. 209672-74.
January 14. 2015).
Q: How shall a special judgment be executed?

ANS: A certified copy of the judgment shall be attached lo the writ and shall be served
upon the parly required to obey the same and such party may be punished for contempt
if he disobeys such judgment (ROC. Rule 39. Sec. 11)
Q: What will be the effect in case of failure to comply with the special judgment?
ANS: If a person is required by a judgment or order of the court to perform any other
act than the payment of money or sale or delivery of real or personal property, and said
person disobeys such judgment or order while it is yet in his power to perform it. he may
be punished for contempt and imprisoned until he performs said order (ROC. Rule 71.
Sec. 8).
Q: What is the effect of levy on third persons?

ANS: The levy shall create a lien in favor of the judgment obligee over Ihe right, title
and interest of the judgment obligor in such properly at the limo of the levy, subject lo
liens and encumbrances then existing (ROC, Rufo 39, Sec 12).
Note: In respect of land, the writ of execution shall be registered with Ihe Register of
Deeds in order lo affect third persons (P.O. No. 1529. Sous. 69. 74 A 113 (d))
PROPERTIES EXEMPT FROM EXECUTION

Q: What are the properties exempt from execution? (FGH-CHI-LBS-GALE)
ANS: Except as otherwise expressly provided by law, Ihe following property, and no
other, shall be exempt from execution:
1. The judgment obligor's Family home as provided by law. or the homestead
in which he resides, and land necessarily used in connection therewith;
2. Ordinary lools and implements personally used by him in his trade,
employment, or livelihood;
3. Three Horses, or three cows, or three carabaos, or other beasts of burden,
such as the judgment obligor may select necessarily used by him in his
ordinary occupation;
4. His necessary Clothing and articles for ordinary personal use. excluding
jewelry;
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5. household furniture and utensils necessary for housekeeping, and used for
that purpose by the judgment obligor and his family, such as Ihe judgment
obligor may select, of a value not exceeding P100.000;
6. Provisions for Individual or family use sufficient for four (4) months;
7. The professional Libraries and equipment of judges, lawyers, physicians,
pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other
professionals, not exceeding P300.000 in value;
8 One fishing Boat and accessories not exceeding the total value of P 100,000
owned by a fisherman and by the lawful use of which he earns his livelihood;
9. So much of the Salaries, wages, or earnings of the judgment obligor for his
personal services within the four (4) months preceding the levy as are
necessary for the support of his family;
10. Lettered Gravestones;
11. Monies, benefits, privileges, or Annuities accruing or in any manner growing
out of any life insurance;
12. The right to receive Legal support, or money or property obtained as such
support, or any pension or gratuity from the Government; and
13. Properties specially Exempted by law.
Note: No article or species of property mentioned shall be exempt from execution
issued upon a judgment recovered for its price or upon a judgment of foreclosure of a
mortgage hereon (ROC. Rule 39. Sec. 13).
PROCEEDINGS WHERE PROPERTY IS CLAIMED BY THIRD PERSONS; IN RELATION

TO THIRD PARTY CLAIM IN ATTACHMENT AND REPLEVIN
Q: If the property levied upon Is claimed by a third person, what are the remedies
available to him? (STAR)
ANS: I he third person claiming a properly levied upon has Ihe option to resort to any
of the following remedies:
1. Summary hearing before Ihe court which authorized the execution where
the court may command that Ihe property be released from the mistaken
levy and restored to the rightful owner or possessor; or
2. Terceria or third-party claim filed with the sheriff under Section 16 of Rule 39;
3. Action for damages on the bond posted by Judgment obligee filed within 120
days from the date of Ihe filing of Ihe bond; or
4. Independent Reinvindicatoria action.
Note: The abovemenlioned remedies are cumulative and may be resorted to by the
third parly claimant independently of or separately from and without need of availing of
Ihe others (Sy v. Discaya. G.R. No. 86301, January 23, 1990).
Q: What Is the procedure for making a third-party claim under Rule 39, Sec. 16
(Tercerla)?
ANS: Tho procedure are as follows:
1 The third party shall make an affidavit showing his title to or right of
possession over the property;
2. He shall serve Ihe affidavit upon the levying officer and a copy upon Ihe
judgment oblige;
3. Thereafter Ihe officer is not bound Io keep the property, unless Ihe judgment
obligee, on demand of the officer, files a bond approved by the court to
indemnify the third-party claimant in a um nol less than Ihe value of the
property levied. The officer shall not be liable for damages for the taking or
keeping of the property to any third-party claimant if Ihe indemnity bond is
filed; and
4. A claim for damages for the taking or keeping of Ihe property may be
enforced by the third-party against the bond provided he files an action
within 120 days from the filing of the bond (ROC. Rule 39, Sec. 16).
REMEDIAL LAW!
RULES ON REDEMPTION
Q: Is the right of redemption under Rule 39 of the Rules of Court available to al!
kinds of property?
ANS: No. The right of redemption under the Rules of Court is available only to real
properties (ROC, Rule 39, Sec. 27).
Q: Who may redeem if the real property is sold on execution?

ANS: The following persons may redeem real property sold on execution:
1. The judgment obligor or his successor in interest in the whole or any part of
the property; or
2. A redemptioner, who is a creditor having a lien by virtue of an attachment,
judgment or mortgage on the property sold, subsequent to the lien under
which the property was sold (ROC, Rule 39. Sec. 27).
Q: Discuss the rules on redemption as to the judgment obligor and the

redemptioner(s).
ANS: The following rules shall be observed:
1. The judgment obligor, or redemptioner, may redeem the property from the
purchaser within one (1) year from the dale of the registration of the
certificate of sale;
2. All subsequent redemplioners may redeem within 60 days from the last
redemption (ROC, Rule 39, Sec. 28);
3. If the judgment obligor redeems, no further redemption is allowed and he is
restored to his estate; and
4. In all cases, the judgment obligor shall have the entire period of one (1) year
from Ihe original date of the registration of the sale in redeem the property
Q: Who is entitled to the rents, earnings, and income of property during the
period of redemption?
ANS: All rents, earnings, and income derived from the property pending redemption
shall belong to the judgment obligor until expiration of Ihe period of redemption (ROC,
Rule 39, Sec. 32).
Q: What is the effect of the judgment obligor's failure to redeem during the
redemption period?
ANS: Upon Ihe expiration of Ihe period to redeem and no redemption was made, the
purchaser, as confirmed owner, has the absolute right to possess the land and the
Issuance of the writ of possession becomes a ministerial duly of Ilie court upon proper
application and proof of title (Bascara v. Javier, G.R No. 188069. Juno 17. 2015).
Q: What Is the effect of a third party’s actual possession of the property In a

capacity adverse to the judgment obligor?
ANS: The issuance of Ihe writ of possession ceases to be a ministerial duly of Iho
court “ex parte and non-adversarial”. The trial court must order a hearing to determine
the nature of said possession, i.e., whether or not possession of the subject property is
under a claim averse lo that of the judgment debtor (Bascara v. Javier, G.R. No
188069, June 17. 2015).
EXAMINATION OF JUDGMENT OBLIGOR WHEN JUDGMENT IS UNSATISFIED

Q: What is the remedy of the judgment creditor when the return of the writ of
execution shows that the judgment is unsatisfied, in whole or in part?
ANS: The judgment creditor is entitled to an order from the court which rendered the
judgment requiring the judgment debtor to appear and be examined concerning his
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m Volumo II | Series of 2020/21
property and income before the court or a commissioner appointed by it. Hov/ever, the
judgment obligor cannot be required lo appear before a court or commissioner outside
the province or city in which such obligor resides or is found (ROC. Rule 39. Sec. 36).
EXAMINATION OF OBLIGOR OF JUDGMENT OBLIGOR

Q: When may the obligor of the judgment obligor be examined when the judgment
is unsatisfied?
ANS: Where the return of the writ of execution shows that the judgment is unsatisfied
in whole or in part and upon proof to the satisfaction of the court that a person.
Corporation or juridical entity has property of the judgment debtor or is indebted to Ihe
latter the court may order such person, corporation or juridical entity to appear before
Ihe court or commissioner at a time and place within the province or city where such
debtor resides or is found to be examined concerning the same (ROC. Rule 39. Sec. 37).
EFFECT OF JUDGMENT OR FINAL ORDERS

Q: Outline the effects of a judgment or final order under Section 47, Rule 39.
ANS: The effects of a judgment or final order under Section 47. Rule 39 are the
following:
jatpffiof. Judgment
Against a specific thing Conclusive upon Ihe title to the thing.

In respect lo the: Conclusive upon the will or
Probate of a will; or administration.
2 The administration of the Note: The probate of the will or the
estate of a deceased grant of letters of administration shall
person. only be prima facie evidence of the
death of Ihe testator or intestate and
not a conclusive presumption of death.
In respect lo the: Conclusive upon the condition, status

1. Personal, political or legal or relationship.
condition or status of a
particular person; or
2 His relationship to another.
In other cases, if Ihe judgment Conclusive against the parlies and
is with respect lo: their successors in interest by title i
The matter directly subsequent to the commencement of
adjudged; or the action or special proceeding,
2. as lo any matter that could litigating for the same thing and under
have been raised in relation the same title and in Ihe same
thereto. capacity.
In any other litigation between That only is deemed to have been

t same parties of their adjudged in a former judgment or final
successors in interest. order which appears upon its face lo
have been so adjudged, or which was
actually and necessarily included
therein or necessary thereto.
REMEDIAL LAW!
San Beds Law-RGCT Bar Operations Center ■
Q: What are the requisites in order for a case to be dismissed on the ground of
res Judicata? (FJ-MI)
ANS: The requisites are:
1. The former judgment must be final;
2. The court which rendered it had Jurisdiction over the subject matter and Ihe
parties;
3. The judgment or order must be on the Merits; and
4. There must be, between the first and second action, Identity:
a. Of parties, of subject matter, and of causes of action (bar by former
judgment); or
b. Of parlies and of issues (conclusivcness of judgment) (Heirs of
Dacanay v. Siapno, Jr., G.R. No. 185169. June 15. 2016: Degayo v.
Magbanua-Dinglasan, G.R. No. 173148, April 6. 2015).
Q: What are the two aspects of res judicata?

ANS: The two aspects of res judicata are the following:
1. Bar by former judgment - The judgment or decree of a court of competent
jurisdiction on the merits concludes the parties and their privies to the
litigation and constitutes a bar to a new action or suit Involving the same
cause of action either before the same or any other tribunal (ROC. Rule 39,
Sec. 47, (a) & (b)y, and
2. Conclusiveness of judgment - Any right, fact, or matter in issue directly
adjudicated or necessarily involved in the determination of an action before
a competent court in v/hich a judgment or decree is rendered on the merits
is conclusively settled by the judgment therein and cannot again be litigated
between the parlies and their privies whether the claim or demand, purpose,
or subject matter of the two suits is the same or not (ROC. Rule 39. Sec. 47,
Par. (c): Prudential Bank v. Mauricio, G.R. No. 183350, January 18, 2012).
ENFORCEMENT AND EFFECT OF FOREIGN JUDGMENTS OR FINAL ORDERS

Q: What are the effects of foreign judgments?
ANS: Foreign judgments shall have the following effects:
1. In case of judgment or final order upon a specific thing, it shall be conclusive
upon Ihe title lo Ihe Ihing; or
2. In case of a judgment or final order against a person, it is presumptive
evidence of a right as between Ihe parties and their successors in interest
by a subsequent lille (ROC, Rule 39, Sec. 48).
Q: In what instances may the judgment be repelled? (JN-CFC)

ANS: In both instances, the judgment may be repelled by evidence ol:
1. Want of Jurisdiction;
2. Want of Notice;
3. £oilusion;
4. fraud; or
5. £lear mistake of law or fact (ROC. Rule 39. Sec. 48).
A. NA TURE AND PURPOSE

Q: What is the nature of provisional remedies?
ANS: They are provisional because they constitute temporary measures availed of
during the pendency of the action, and they are ancillary because they are mere
incidents in and are dependent upon the result of the main action (Calderon v. Roxas.
G.R. No. 185595, January 9. 2013).
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B. JURISDICTION OVER PROVISIONAL REMEDIES

Q: When docs a court have jurisdiction to issue provisional remedies?
ANS: A provisional remedy can be issued by a court, having jurisdiction over a main
case, in the exercise of its ancillary jurisdiction to resolve an incident in that case
(Cojuangco, Jr. v. Sandiganbayan, G.R. No. 120640. August 8. 1996).
C. PRELIMINARY ATTACHMENT
Q: What are the grounds upon which attachment may properly issue? (REPo-GReS)
ANS: They are the following:
1. In actions for Recovery of a specified sum of money or damages, except
moral and exemplary, on a cause of action arising from law. contract, quasi-
conlract. delict or quasi-delict against a party about lo depart from Ihe
Philippines with intent to defraud his creditors;
2. In actions for money or property Embezzled or fraudulently misapplied or
converted lo his own use by a public officer, or an officer of a corporation, or
an attorney, factor, broker, agent or clerk, in the course of his employment
as such, or by any other person in a fiduciary capacity, or for a willful
violation of duly;
3. In actions to recover the Possession of properly unjustly or fraudulently
taken, detained, or converted when the property or part thereof, has been
concealed, removed or disposed of lo prevent its being found by the
applicant or an authorized person;
4. In actions against a person guilty of fraud in contracting Ihe debt "do/o
causante" or incurring or performing an obligation upon which the action is
based "dolo incidente*\
5. In actions against a party who has Removed or disposed of his property, or
is about to do so. wilh intent lo defraud his creditors; or
6. In actions against non-residenls not found in the Philippines, or on whom
Summons may be served by publication (ROC. Rule 57. Sec. 1}.
Q: What arc the requisites for the issuance of a writ of preliminary attachment?
(PMAB)
ANS: The requisites for the issuance of a writ of preliminary attachment are.
1. The case must be any of those where preliminary attachment is Proper;
2. The applicant must tile a {Motion whether ex parte or wilh notice and
hearing;
3. The applicant must show by Affidavit that there is no sufficient security for
the claim sought to be enforced and that Ihe amount claimed in Ihe action is
as much as Ihe sum of which Ihe order is granted above all counterclaims;
and
4. The applicant must post a Bond executed to the adverse party (ROC, Rule
57. Sues. 2 & 3).
Q: How may the writ of preliminary attachment be issued?

ANS: The writ of preliminary attachment may be issued:
1. By motion and notice of hearing by Ihe court in which the action is pending
and may even be issued by the CA or the SC (ROC, Rule 57, Sec. 2);
2. Ex parte and even before summons is served upon Ihe defendant (Davao
Light & Power Co.. Inc. v. CA, G.R. No. 93262 December 29, 1991).
Q: What must the order of attachment contain?

ANS: The order must require the sheriff of the court to attach so much of the property
in the Philippines of the parly against whom il issued, not exempt from execution, as
may be sufficient to satisfy Ihe applicant’s demand. Ihe amount of which must be stated
in the order (ROC, Rule 57. Sec. 2).
REMEDIAL LAW |
San Beda Law-RGCT Bar Operations Center IS
Q: Is bond required for the issuance of writ of attachment?

ANS: The applicant must give a bond executed to the adverse party in the amounl
fixed by the court in the order granting the issuance of the writ, conditioned that the
latter will pay all the costs which may be adjudged to the adverse party and all damages
which he may sustain because of the attachment should the court finally rule that he
was not entitled thereto (ROC. Rule 57, Sec. 4).
Q: How may a levy be valid against the affected person even without prior notice
and hearing?
ANS: Writs of attachment may properly issue nx parte, or without prior notice and
hearing, provided that the Court is satisfied that Ihe relevant requisites therefor have
been fulfilled by the applicant; but that levy on property pursuant to the writ thus issued
may not be validly effected unless preceded, or contemporaneously accompanied, by
service of summons, a copy of the complaint, the application for attachment, the order of
attachment, and the plaintiffs attachment bond (Davao Light & Power Co., Inc. v. CA,
G.R. No. 93262 December 29. 1991).............-
V : •
Q: What is the rule on prior or contemporaneous service of summons? (SCABO)
ANS: The rule requires that levy on property pursuant lo the v/ril thus issued may not
be validly effected unless preceded, or contemporaneously accompanied, by service uii
the defendant of: 11 .
1. Summons:
2. A Copy of the complaint (and of the appointment of guardian ad litem, if any);
3. The Application for attachment (if not incorporated in but submitted
separately, from the complaint);
4. The plaintiffs attachment Bond; and
5. The Qrder of attachment (ROC, Rule 57, Sec. 5)
Q: What is the effect of failure to acquire jurisdiction over the person of tho
adverse party?
ANS: The failure to acquire jurisdiclion over Ihe person of Ihe adverse party shall
render the implementation of Ihe v/ril void (Davao Light & Power Co.. Inc. v. CA. G.R.
No. 93262. December 29. 1991).
Q: What are the cases on which the rule on contemporaneous service of

summons do not apply? (DONI)
ANS: The following are Ihe exceptions:
1. The summons could not be served despite Diligent efforts;
2. The defendant is a resident of the Philippines and is temporarily Out of the
country;
3. The defendant is a Non-resident; or
4. The action is In rem or quasi in rem (ROC. Rule 57. Sec. 5).
Q: How may a defendant prevent the attachment of his property?

ANS: If the attachment has not yet been effected, the defendant whose property is
sought lo be attached may.
1. Deposit wilh the court from which the writ was issued an amounl equal lo Ihe
value of the bond fixed by the court in the order of attachment or an amount
equal to the value of the property to be attached, exclusive of costs; or
2. Give a counter-bond executed in favor of the applicant, in an amount equal to
the bond posted by the latter lo secure Ihe attachment or in an amount equal
to the value of the property to be attached, exclusive of costs (ROC. Rule 57,
Sec. 5).
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™ Volume II | Snrioo of 2020/21
Q: Give an outline on the manner of attaching real and personal properties.

ANS: The manner of atlaching real and personal properties is thus as follows:
MANNER OF ATTACHING REAL AND PE R SON AL PROP ERTIES
Manner of Attaching l." ’’.H
; Roarpfoperty/grbwing.crqp.s^ A copy of the order shall be:

1. Filed with Ihe registry of deeds along with a
। • description of the property attached; and
2. Leaving a copy of such with the occupant of the
property if any, or with such other person or his
agent if found within the province.
•sssssw
............. - --
By taking and safely keeping it in his custody after
issuing the corresponding receipt therefor.
By leaving with the president or managing agent of

the company:
1. A copy of the writ; and
2. A notice stating that the stock or interest is
attached in pursuant to such writ.
’ESSB CM c-raiiiIB. । raLnirng.'.f By leaving with the person owing such debts or in
possession or control such credits or other personal
8 IpriTpwii^.r.iacsi; property, or his agent:
3 r:<Vj lli' >•- i 1. A copy of the writ; and
'&. ©•jra.fiii.f-lM.vi .JiWF . ■ : 2. Notice that such properties are attached
.luitsivxj../--.
•S.taors left i I ns By giving a copy of the writ to the executor or
S’jraniairi-iiborLdRiiri'sgKffl: administrator and the office of the clerk of court
' aina.iopgi>u where the estate is being settled.
?/1 m 1. A copy of the writ shall be filed with the proper or

» W 9 court or quasi-judicial agency, and
2. Notice of the attachment served upon the
custodian of the property.
(ROC. Rule 57. See 7)
0: What are the remedies available to a third party claiming the property attached
(TIM)
ANS: The third party may resort to any of the following remedies which are cumulative
and thus could bo resorted independently and separately from the others:
1. He may avail of the remedy of Terceria or third-party claim (ROC, Rule 57,
See 14):
2. He may file an Independent action to recover his property “action
roinvindicatoria": or
3. He may file a Motion for intervention (ROC. Rule 19): or
Note: Nothing shall prevent such claimant or any third person from
vindicating his claim Io the property in the same or a separate action (ROC.
Rule 39. Sec. 16).
4 He may file an action to claim damages on the indemnity bond if one is filed
REMEDIAL LAW!
San Beda Law-RGCT Bar Operations Center D
Q: What is the remedy of the defendant if the attachment has already been
enforced? {IBA-EJE)
ANS: If the attachment has already been enforced:
1. The defendant may, upon motion, ask for the discharge of the property in
whole or in part by posting a counterbond (ROC, Rule 57. Sec. 12).
2. Discharge may also be had without the need for filing a counter-bond on
motion based on the following grounds:
a. The attachment was Improperly or irregularly issued or enforced;
b. The Bond of the attaching party is Insufficient;
c. The attachment is excessive and must be discharged as to the excess;
d. The property is Exempt from execution and thus also exempt from
attachment;
e. The court has rendered a Judgment against the attaching party; and
f. Ex parte discharge is not proper (ROC. Rule 57. Sec. 13).
Q: What shall be the amount of the counterbond?

ANS: After due notice and hearing, the court shall discharge the settlement if the
movant makes a cash deposit or files a counter-bond in the amount set by the court
equal to that fixed by the court in the order of attachment, exclusive of costs.
Q: How can the judgment be satisfied out of the property attached?

ANS: It may be satisfied:
1. By paying to the judgment obligee the proceeds of all sales of perishable or
other property sold in pursuance of Ihe order of the court, or so much as
shallbo necessary to satisfy the judgment;
2. If any balance remains due. by selling so much of the property, real or
personal, as may be necessary to satisfy the balance, if enough for that
purpose remain in the sheriffs hands, or in those of Ihe clerk of the court; and
3. By collecting from all persons having in their possession credits belonging to
the judgment obligor, or owing debts Io the latter al the lime of Ihe
attachment of such credits or debts, the amount of such credits and debts
as determined by the court in the action, and staled in the judgment, and
paying the proceeds of such collection over to Ihe judgment obligee.
Note: The sheriff shall forthwith make- a return in writing to the court of his
proceedings under this section and furnish the parlies with copies thereof
Q: Until when shall the levy subsist?

ANS: In this relation, while the provisions of Rule 57 are silent on Ihe length of time
within which an attachment lien shall continue Io subsist alter Ihe rendition of a final
judgment, jurisprudence dictates that the said lien continues until the debt is paid, or Ihe
calc is hod under execution issued on the judgment or until the judgment Is satisfied, or
the attachment discharged or vacated in the same mariner provided by law (Lim v.
Spouses Lazaro, G.R. No. 185734. July 3. 2013).
Q: Does a compromise agreement discharge the preliminary attachment?

ANS: No. If debt remains unpaid, the attachment should continue to subsist
notwithstanding a compromise agreement entered into and approved by the RTC (Lim
v. Spouses Lazaro, G.R. No. 185734. July 3. 2013).
Q: How is preliminary attachment compared to garnishment and levy on

execution or final attachment?
ANS: The distinctions are:
aBEDAN RED BOOK
Volumo II | Sonos of 2020/21
PRELIMINARY ATTACHMENT, GARNISHMENT,

AND LEVY ON EXECUTION DISTINGUISHED
Garnishment | Levy on Execution or
: Final Attachment
A plaintiff or any The officer may levy on An officer sets apart or
proper party may debts due the judgment appropriates for Ihe
have the property of obligor and other credits, purpose of satisfying
the adverse party including bank deposits, the command of the
taken into the financial interests, writ, a part or the j
custody of the court royalties. commissions whole of a judgment
as security for Ihe and other personal debtor's property
satisfaction of any property not capable of (Philippine Surety and
judgment that may manual delivery in the Insurance Co., Inc., v.
be recovered (ROC, possession or control of Beatriz Zabal, G.R.
Rule 57. Sec. 1). third parties (ROC. Rule No. L-21556, October
39. Sec. 9 (c)). 31. 1967).
D. PRELIMINARY INJUNCTION
Q: What is Preliminary Injunction?
ANS: It is an order granted al any stage of an action or proceeding prior lo Ihe
judgment or final order, requiring a party or a court, agency, or a person to refrain from
particular act or acts (ROC. Rule 58. Sec. 1).
Q: What is a Temporary Restraining Order?

ANS: A temporary restraining order may be issued ex parte "to preserve the status quo
until the hearing of the application for preliminary injunction which cannot be issued ex
parte (Evy Construction v. Valiant Roll Forming Sales Corporation. G.R. No.207938,
October 11. 2017)
Q: What is a status quo ante order?

ANS: A status quo order is one which is merely intended to maintain the last, actual,
peaceable and uncontesled slate of things which preceded the controversy. Unlike a
temporary restraining order or a preliminary injunction, a status quo order is more in the
nature of a cease and desist order, since it neither directs the doing or undoing of acts
as in the case of prohibitory or mandatory injunctive relief (Oca v. Custodio. G.R. No.
174996. December 3. 2014).
Q: Distinguish between preliminary injunction and temporary reslraining order.

ANS: Tho following are the distinctions:
DISTINCTIONS BETWEEN PRELIMINARY INJUNCTION AND TRO
Ancillary or preventive remedy where Issued lo preserve the status

a court requires a person or a party quo until the hearing of Ihe
or even a court or tribunal lo either application for preliminary
refrain from or lo perform particular injunction (ROC, Rule 57. Sec. i
acts during the pendency of an 5).
action (ROC, Rule 58. Sec. 1).
Cannot be granted without hearing May be granted ex parte if great ;
(ROC. Rule 58. Sec. 5). or irreparable injury would result!
to the applicant before the
REMEDIAL LAW!
Q: What are the requisites for the Issuance of a writ of preliminary injunction?
(AR2BI)
1. There must be a verified Application:
2. The applicant must establish that he has a Right to relief or a right to be
protected and that the act against which the injunction is sought violates
such right;
3. The applicant must establish that there is a need to Restrain the
commission or continuance of the acts complained of and if not enjoined
would work injustice to him; and
4. A Bond must be posted, unless otherwise exempted by the court (ROC,
Rule 58. Sec. 5).
Q: What are the kinds of injunction?

ANS: They are:
1. Preliminary Prohibitory Injunction - an order prior lo judgment or final
order, requiring a party, court, agency or person to refrain from a particular
act or acts. The purpose is lo preserve the status quo by preventing the
enjoined act from being performed.
2. Preliminary Mandatory Injunction - an order prior to judgment or final
order, requiring the performance of a particular act or acts. In mandatory
injunction, th© act has already been performed and lias violated the rights of
the applicant and the order seeks to restore the status quo prior to such
violation (ROC, Rule 58, Sec. 1).
Q: When may the writ of preliminary injunction be issued?

ANS: Il may be issued at any stage prior lo the judgment or final order (ROC, Rulo 58.
Sec. 1).
Q: Cite instances where the issuance of the writ of preliminary Injunction by the
trial courts is improper. (TL-GAA-FCE)
ANS: The writ of preliminary injunction may not be issued in the following cases:
1. Collection of Taxes (R.A. 8424);
2. Labor Dispute (LABOR CODE. Art. 254);
3. government Infrastructure Projects (R.A. 8975);
4. Asset Privatization Trust (Proclamation No.50-A, 1986);
5. Agrarian Reform (CARL. Sec. 55);
6. foreclosure by Government Financial Institution (P.D. No.385. Sec. 2);
7. Conservatorship, Receivership, and Liquidation Proceedings under the New
Central Bank Act (New Central Bank Act, Sec. 30)
8. Environmental Cases (Rules on Environmental Cases. Rule 2, Sec. 10).
ffl BEDAN RED BOOK
U Volumo II | Serios of 2020/21
Q: What are the grounds for the issuance of preliminary injunction? (EnCoD)
ANS: The grounds are the following:
1. Applicant is Entitled to the relief demanded, and the whole or part of such
relief consists in restraining the commission or continuance of the act or ads
complained of, or in requiring the performance of an act or acts, either for a
limited period of perpetuality; or
2. Commission, continuance or non-performance of Ihe act complained of
would work injustice to the applicant: or
3. Party, court, agency or a person is doing, threatening, or is attempting to
Do. or is procuring or suffering to be done, some act or acts probably in
violation of the rights of the applicant respecting the subject of the action or
proceeding, and tending to render the judgment ineffectual (ROC, Rule 59,
Sec. 3).
Q: What are the grounds for the dissolution or objection to a preliminary injunction?
ANS: They are:
1. Insufficiency of the application;
2 By other grounds, i.e. irregularity or impropriety, upon affidavits of the party
or person enjoined, which may be opposed by the applicant also by
affidavits: or
3. When injunction would cause irreparable damage lo the person enjoined
while the applicant can be fully compensated for such damages as he may
suffer; provided, the defendant files a bond conditioned that he will pay all
Ihe damages which the applicant may suffer (ROC, Rule 58, Sec. 6).
Q: What is the lifetime of a TRO issued by the courts?

ANS: The lifetime of the TRO in each court is as follows:
1. Period not exceeding 20 days from service if applicant would suffer great
and irreparable injury before the application; or
2. 72 hours from issuance if Ihe mailer is of extreme urgency and the
applicant will suffer grave injustice and irreparable injury.
Note: Within such period the judge shall conduct a summary hearing to
determine if the TRO can be extended lo 20 days. The 72 hours shall be
included in Ihe maximum 20-day period.
60 days from notice to Ihe party to be enjoined.
It shall bo effective until further orders.

Q: What is the rule on prior or contemporaneous service of summons in relation
to TROs?
ANS: The notice of raffle is required lo be served prior to or contemporaneously with
the summons, a requirement absenl from the pre-1997 Rules. This requirement shows
the intention of the new Rules lo ensure Ihe implementation of the writ of preliminary
injunction and preclude the defense that the trial court has no jurisdiction over the
defendant (Gonzales v. State Property Corp, G.R. No. 140765, January 25. 2001).
E. RECEIVERSHIP
Q: In what cases may a receiver be appointed? (IFAC)
ANS: Upon a verified application, one or more receivers of property which is the
subject of the action may be appointed by the court where the action is pending or by
Ihe CA or SC or a member thereof in the following cases:
REMEDIAL LAW [
1. Applicant has an Interest in the property or fund subject of the proceeding

and such property is in danger of being lost, removed or materially injured
unless a receiver is appointed;
2. In Foreclosure of mortgage, when the property is in danger of being wasted
or dissipated or materially injured, and that its value is probably insufficient
to discharge the mortgage debt or that it has been agreed upon by the
parties;
3. After judgment, to preserve the property during the pendency of an Appeal
or to dispose of it according to the judgment or to aid execution; or
4. When appointment of receiver is the most Convenient and feasible means
of preserving, administering or disposing of the property in litigation (ROC,
Rule 59, Sec. 1).
Note: Under the Family Code, if a spouse without just cause abandons Ihe other or
fails lo comply with his or her obligations to the family, the aggrieved spouse may
petition the court for receivership of the community or conjugal property (FAMILY
CODE, Art. 101 & 128).
Q: What are the requisites in the application for receivership? (VESBS)

ANS: They are:
1. There must be a Verified application:
2. Thal the party applying for receivership has an Existing interest in the
property in litigation;
3. The case must be any one of those Stated under Rule 59, Sec. 1;
4. The posting of a Bond by the applicant (RULES OF COURT. Rule 59. Sec. 2);
5. Receiver must be gv/orn lo perform his duties faithfully and file a bond
Q: What are the requirements before the court may issue of an order appointing a
receiver?
ANS: The requirements are the following:
1. Before issuing an order the court shall require the applicant to file a bond in
favor of the adverse party in an amount fixed by Ilie court, to the effect that
the applicant will pay such party all damages fie may sustain by reason of
the appointment of the receiver in case Ihe appointment was procured
without sufficient cause; and
2. The court may in its discretion, al any lime after the appointment, require
additional bond as further security for such damages (ROC. Rule 59, Sec. 2).
Q: What are the general powers of a receiver? (BTRC3' - MPD*I)

ANS: Subject to the control of the court in which the action or proceeding is pending, a
receiver shall have the power to:
1. Bring and defend, in such capacity, actions In his own name;
2. Take and keep possession of Ihe property in controversy:
3. Receive rents;
4. Collect debts due to himself as receiver or to the fund, propeity, estate,
person, or corporation of which he is the receiver;
5. Compound for and compromise the same;
6. jVlake transfers;
7. Pay outstanding debts;
8. Divide the money and other property that shall remain among the persons
legally entitled to receive the same;
9. Generally, lo Do such acts respecting the property as the court may
authorize; and
10. Invest funds in his hands, only by order of the court upon the written consent
of all the parties (ROC, Rule 59, Sec. 6).
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■■ Volume II | Series of 2020/21
Q: What acts of the receiver need court approval?

ANS: The acts of Ihe receiver which needs court approval are:
1. Funds in the hands of a receiver Io be invested;
2 Action to be filed by or against Ihe receiver (ROC. Rule 59. Sec. 6): and
3. To enter into a contract (Pacific Merchandising Corp. v. Consolacion
Insurance & Surety Company. G.R. No. L-30204 October 29. 1976).
Q: Which parties are required to post bond in a receivership?

ANS: They are Ihe following:
1. The first bond is executed by the applicant for receivership in favor of the
adverse party in order to answer for any damages Ihal Ihe latter may suffer
in case Ihe receivership is found to have been procured without sufficient
cause (ROC. Rule 59. Sec. 2).
2. The second bond is executed by the receiver himself in favor of such
person and in such sum as the court may direct, to the effect that he will
faithfully discharge his duties in the action or proceeding and Ihal obey the
orders of the court (ROC. Rule 59. Sec. 4).
Q: When shall receivership be terminated?

ANS: When the court, motu propria or on motion of either party:
1. Shall have determined Ihal necessity for a receiver no longer exists (ROC.
Rule 59. Sec 8);
2. Is of the opinion that the receivership is not justified by the facls and
circumstances of the case (Sanson v. Araneta. G.R. No. L-43482. July 28.
1937), or
3 Is convinced that the powers are abused (Duque v. CFI of Manila. G.R. No.
L-18359. March 26. 1965).
F. REPLEVIN
Q: Does replevin determine ownership?
ANS: The action is primarily possessory in nature and generally determines nothing
more than the right of possession (PCI Leasing & Finance, Inc v. Spouses Dai. G.R.
No. 148980. September 21. 2007).
Q: What kind of properties may be subject matter of a replevin?

ANS: The subject matter of a replevin is personal properly (ROC, Rule 60. Sec. 1).
Q: What are the requisites for the Issuance of a writ of replevin? (FAB)
ANS: They are.
I . The Filing of an application (or writ of replevin at the commencement of the
action or al any time before the defendant answers (ROC, Rule 60, Sec. 1)',
2 Tiro Application must contain an affidavit containing the mailers enumerated
under Section 2 of Rule 60; and
3 The applicant must give a Bond, executed to the adverse parly and double
the value of Ihe property (ROC, Rule 60, Sec. 2).
Q: What arc the contents of the affidavit required in the application of a writ of
replevin? (ODDA)
ANS: The applicant must show by his affidavit or of some other person who personally
knows the facls:
1. That Ihe applicant is Ihe Owner of the property claimed or entitled to the
possession thereof;
2. That the properly is wrongfully Detained by Ihe adverse party,
3. That Ihe property has not been Distrained or taken for a tax assessment or
a Fine pursuant to law or seized under a wril of execution or preliminary
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attachment or is otherwise is in custodia legis, or if so seized, that it is

exempt from such seizure or custody; and
4. The Actual market value of the property (ROC, Rule 60, Sec. 2).
Q: How may the defendant recover property seized by way of replevin?

ANS: To recover possession of the personal property which was taken under a writ of
replevin, the defendant must:
1. Post a redelivery bond; and
2. Serve a copy of such bond on the applicant. Both requirements are
mandatory (Yang v. Valdez. G.R. No. 73317, August 31. 1939).
Q: What are the duties of the sheriff in the implementation of the writ of Replevin?
(STDS)
ANS: The duties are as follows:
1. Serve a copy of the order together with a copy of the application, affidavit
and bond to the adverse party;
2. Take the property, if it be in the possession of the adverse party, or his
agent, and retain it in his custody;
3. Demand delivery of the properly if the property is concealed in a building or
enclosure, and if it be not delivered, cause the building or enclosure to be
broken open and take the property into his possession; and
4. After taking possession, keep the property in a Secure place and shall be
responsible for its delivery to the party entitled thereto (ROC, Rule 60, Sec. 4).
Q: How shall the sheriff implement the writ of replevin?

ANS: The properly shall be delivered to the applicant if. within five (5) days after the
taking of the property by the sheriff:
1. The adverse party does not object to the sufficiency of the bond or of Ihe
surety or sureties thereon; or
2. The adverse party so objects and the court affirms its approval of the
applicant’s bond or approves a new bond; or
3. The adverse party requires the return of the property but his bond is
objected to and found insufficient and he does nol forthwith file an approved
bond.
Note: If for any reason, Ihe property is not delivered lo Ihe applicant. Ihe sheriff must
return it to the adverse party (ROC, Rulo 60, Sec. 6).
Q: What is the sheriff's duty In case a third person claims title to the property
taken?
ANS: When a third-party claimant makes an affidavit of his title to the property or his
right to the possession thereof, and serves such affidavit lo ttie sheriff and a copy
thereof lo Ihe attaching party, the sheriff shall not be bound to keep the properly under
replevin unless Ihe applicant files a bond approved by the court to indemnify Ihe third-
party claimant in a sum not less than Ihe value of the properly levied upon as provided
In section 2. Claim for damages for the taking or keeping Ihe property must be filed
within 120 days from filing of the bond (ROC, Rule 60. Sec. 7).
G. PROVISIONAL REMEDIES AND INTERIM RELIEFS UNDER SPECIAL

LAWS AND RULES
Q: What is the Philippine Competition Commission (PCC)?
ANS: The PCC is an independent quasi-judicial body tasked to implement the national
competition policy and attain the objectives and purposes of the Philippine Competition
Act (R.A. No. 10667, otherwise known as (he Philippine Competition Act. Sec. 5).
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Q: Which entities are covered by the Philippine Competition Act?

ANS: The Act shall be enforceable against any person or entity engaged in any trade,
industry and commerce in the Republic of Ihe Philippines. It shall likewise be applicable
lo international trade having direct, substantial, and reasonably foreseeable effects in
trade, industry, or commerce in the Republic of the Philippines, including those that
result from acts done outside the Republic of the Philippines (R.A. No. 10667, Sec. 3).
Q: Are collective bargaining entities covered by the Philippine Competition Act?

ANS: No. The Act shall not apply to the combinations or activities of workers or
employees nor lo agreements or arrangements with their employers when such
combinations, activities, agreements, or arrangements are designed solely lo facilitate
collective bargaining in respect of conditions of employment (R.A. No. 10667, Sec. 3).
Q: What is an inspection order?

ANS: An inspection order is an order in writing issued in the name of the Republic of
the Philippines, signed by a judge, upon application of the PCC, through its duly
authorized officer, authorizing the PCC and any law enforcement agency that may be
deputized by Ihe PCC to assist in Ihe execution of Ihe order, to search and inspect
business premises and other offices, land and vehicles, for information to be examined,
copied, photographed, recorded, or printed, in order to prevent the removal,
concealment, tampering with, or destruction of such information (A.M. No. 19-08-06-SC
or the Rule on Administrative Search and Inspection under (he Philippine Competition
Act. Sec. 2) [hereinafter Rule on Administrative Search].
Q: What is included in the term "information" which may be subject of an

inspection order?
ANS: Information shall include, but shall nol be limited to. books, tax records,
documents, papers, accounts, letters, photographs, objects or tangible things,
databases and means of accessing information contained in such databases, and
electronically stored informalion as defined in Ihe rules of procedure of the PCC. which
relate lo any matter relevant to the administrative investigation covered by this Rule
(Rule on Administrative Search. Sec. 2).
Q: What is the limitation as to the use of information collected pursuant to an

inspection order?
ANS: The information collected pursuant to the inspection order shall be used only in
administrative proceedings for violations under Ihe Philippine Competition Act and other
competition laws (Rulo on Administrative Search, Sec. 17)
Q: What are the rules on venue for the application of Inspection orders?
ANS: Tho rules on venue are as follows:
1. Special Commercial Courts in Quezon City, Manila. Makati, Pasig. Cebu
City. Iloilo City, Davao City and Cagayan De Oro City shall have authority to
act on applications for the issuance of inspection orders, which shall be
enforceable nationwide;
2. Within (heir respective territorial jurisdictions, Ihe Special Commercial
Courts in the judicial regions where (he place to be inspected is located shall
have concurrent jurisdiction to act on such applications; and
3. Where inspection of multiple locations is sought relative to the same
investigation, an application may be made with any of the Special
Commercial Courts in Quezon City. Manila, Makati, Pasig. Cebu City, Iloilo
City. Davao City and Cagayan De Oro City and Special Commercial Courts
in the judicial regions of (he places to be inspected (Rule on Administrative
Search, Sec. 3).
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Q: State the contents of a verified application for an inspection order.

ANS: The verified application for an inspection order shall contain a particular
description of:
1. The subject of the administrative investigation;
2. The premises, other offices, land or vehicles, as used by the entity, sought
to be searched or inspected; and
3. The information sought to be examined, copied, photographed, recorded, or
printed, and their relevance and necessity to the investigation (Rule on
Administrative Search, Sec. 4).
Q: What is the duty of the judge before issuing an inspection order?

ANS: The judge must, before issuing the inspection order, examine in the form of
searching questions and answers, in writing and under oath or affirmation, the applicant
and Ihe witnesses he may produce on facts personally known to them; or on facts based
on:
1. The applicant s or witnesses’ training and/or experience;
2. Authentic records;--
3. Verifiable data; or )
4. Economic analysis (Rule on Administrative Search, Sec. 5).
Q: How should the hearing for an application for an inspection order be

conducted?
ANS: The hearing on the application shall be conducted ex parte and held in the
chambers of the judge. Court personnel shall maintain the confidentiality of Ihe
application proceeding (Rule on Administrative Search. Sec. 5).
Q: When shall an inspection order issue?

ANS: The inspection order shall be issued if the court finds that there is a reasonable
ground to suspect:
1. That the information is kept, found, stored, or accessible at the premises
indicated in the application;
2. The information relates to any matter relevant lo the investigation; and
3. The issuance of the order is necessary to prevent the removal,
concealment, tampering with, or destruction of the books, records, or other
documents to be inspected (Rule on Administrative Search, Sec. 6).
Q: What is the period of cffectivity of an inspection order?

ANS: An inspection order shall only be effective for the length of time as determined by
Ihe court, which shall not exceed 14 days from its issuance.
Note: The court may, upon ex parte motion, extend the effectivily of an inspection order
for a period not exceeding 14 days from the expiration of the original period (Rule on
Q: When shall the inspection order be served?

ANS: The order shall be served in the presence of a duly designated officer of the
court, during business hours of the premises, or at any time on any day, as may be
determined by Ihe court for compelling reasons stated in the application (Rule on
Q: Who shall be required to be present during the inspection?

ANS: The premises shall be inspected in the presence of the person designated by Ihe
entity, either a compliance officer or a legal counsel, who shall be given the opportunity
to read the order before its enforcement.
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Note: Any unreasonable delay, failure, or refusal lo designate a representative by the

entity shall not prevent Ihe PCC officers, deputies and agents from implementing the
inspection order (Rule on Administrative Search, Sec. 9).
Q: How shall an inspection order be enforced?

ANS: Upon securing an inspection order, the PCC officers, deputies, and agents shall
enter, search and inspect the premises indicated in ihe order, and examine, copy,
photograph, record, or print information described in the order (Rule on Administrative
Search. Sec. 10).
Q: How may electronically stored information be examined?

ANS: Electronically stored information, databases, and means of accessing information
contained in such databases that are kept, found, stored or accessed in Ihe premises
indicated in the order may be examined and copied by copying the information, whether
through forensic imaging or other means of copying, photographing or recording the
electronically stored information, or by printing out its contents. The PCC officers,
deputies, and agents may likewise require that such electronically stored information
and databases be produced in a form that is visible and legible, and may be copied,
photographed, recorded, or printed out.
Note: Such copies, photographs, recordings, or printouts shall be considered and
treated as original documents (Rule on Administrative Search, Sec. 10).
Q: How may PCC officers enforcing an inspection order make inquiries to

persons?
ANS: The PCC officers, deputies, and agents may ask explanations on facts or
documents relating to the subject and purpose of the inspection and record Ihe answers.
An individual, who may be assisted by counsel, must answer questions, although the
answer may tend lo establish a claim against him/her.
Note: However, such individual has the right not to give an answer which will tend to
subject him/her lo a criminal penalty for an offense, unless otherwise provided by law
(Rule on Administrative Search. Sec 10).
Q: How may PCC officers enforcing an inspection order secure property or

information subject of such order?
ANS: As may be reasonably necessary for the conduct of the inspection, the PCC
officers, deputies or agents may secure or seal the area and equipment, gadgets or
devices where the information is located or stored, and attach lo ihem a tag or label
warning all persons from tampering with them, until the examination, copying,
photographing, recording, or printing is completed, but in no case beyond the effectivity
of the inspection order.
Note: The act of tampering wilh, breaking or removing the seal affixed shall subject the
offender to contempt of courl under Rule 71 of the ROC. insofar as applicable (Rule on
Q: What is the duty of the person appointed by the entity subject of the inspection
order during its enforcement?
ANS: The person designated by the entity shall disclose lo the PCC officers, deputies,
and agents the location where the information subject of the inspection order is stored,
and provide Ihem with all reasonable facilities and assistance for the conduct of Ihe
inspection (Rule on Administrative Search, Sec. 10).
Q: How shall PCC officers document the enforcement of the issuance order?
ANS: The PCC officer shall prepare a list of Ihe information copied, photographed,
recorded, or printed He/she shall give a copy of Ihe same to Ihe person designated by
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the entity. Such person shall have the opportunity lo check the information against those
described in the list and shall acknowledge receipt by affixing his/her signature (Rule on
Administrative Search. Sec. 10).
Q: Is the person appointed by the entity required to certify the list prepared by the
PCC officer?
ANS: Yes. Such person shall likewise certify that the copies, photographs, recordings,
or printouts made by ihe PCC officers, deputies or agents are taithtul reproductions of
their respective originals. Once certified, the copies, photographs, recordings, or
printouts shall be admissible as evidence for the purpose of the administrative
proceedings.
Note: If the entity delays, fails, or refuses to designate a representative, the copies,
photographs, recordings, or printouts shall be certified by the highest ranking officer or
employee of the entity present in the premises (Rule on Administrative Search, Sec. 10).
Q: May PCC officers examine other relevant information discovered in plain view
during the enforcement of the inspection order?
ANS: Yes. If the PCC officers, deputies, or agents, in the course of implementing the
inspection order, inadvertently discover other relevant, information in plain view that they
believe on reasonable grounds to be evidence of a violation of the Philippine
Competition Act. its implementing rules, or other competition laws, then they may
examine, copy, photograph, record, or print such information and use the same as
evidence of said violation (Rule on Administrative Search, Sec. 10).
Q: What may PCC officers do in case they are refused admittance to premises?
ANS: The PCC officers, deputies, and agents, if refused admittance to Ihe premises
after giving a notice of their purpose and authority, may use reasonable force to gain
entry lo the premises, land, vehicle, or any part of the building or anything therein, lo
enforce the inspection order or to liberate themselves or any person lawfully aiding them
when unlawfully detained therein (Rule on Administrative Search, Sec. 11).
Q: When shall the PCC officers make a verified return concerning the inspection
order?
ANS: Within 3 days from the enforcement of the inspection order or after the expiration
of Ihe period provided under the inspection order, whichever comes first, the authorized
officer of the PCC shall make a verified return to the court which issued the order
Note: It is the duly of the issuing judge to ascertain if the return has been made, and if
none, to summon the duly authorized officer to whom the inspection order was issued
and require him lo explain why no return was made (Rule on Administrative Search,
Sec. 12).
Q: What shall the verified return include?

ANS: The return shall be accompanied by a list of information copied, photographed,
recorded, or printed, and by the affidavit of the authorized officer of the PCC containing:
1. The dale and time of examination and copying of the documents,
electronically stored information, databases, or means of accessing
information contained in such databases:
2. The particulars of the documents, electronically stored information,
databases, or means of accessing information contained in such databases,
including its hash value; and
3. The manner by which the documents, electronically stored Information,
databases, or means of accessing information contained in such databases
was copied, including a list of all actions taken lo enforce Ihe inspection
order (Rule on Administrative Search, Sec. 12).
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Q: What is the effect of violation of a person or entity who fails to comply with an
inspection order or the implementation thereof?
ANS: Any person or entity who fails or refuses lo comply with an inspection order or
any provision of this Rule shall be cited fur contempt of court, which procedures shall be
governed by Rule 71 of the Rules of Court, insofar as they are applicable (Rule on
Q: Does the availment of an inspection order bar the PCC from applying for
search warrant?
ANS: No The availment of an inspection order under this Rule shall not prevent the
PCC from exercising its powers under existing law and rules, including applying for
search warrant under relevant rules.
Note: Nothing in this Rule shall be read as suspending Ihe need of a warrant that may
be required under Art. III. Sec. 2 and 3(a) of the Constitution and the Rule on Search
Warrants, when applicable (Rule on Administrative Search. Sec. 16).
PROVISIONAL REMEDIES OF THE FAMILY COURTS

Q: What provisional remedies may be applied for before the Family Courts?
(SC-CH-PR)
ANS: The provisional remedies which may applied for before the Family Courts are:
1 Spousal support;
2 Child support;
3 Child Custody;
4 , Hold departure order;
5 . Protection order; and
6 Receivership or administration of common property (A.M. No. 02-11-12-SC
nr Rule on Provisional Orders) (hereinafter Rule on Provisional Orders].
Q: In which cases may the Family Courts issue provisional remedies? (CLAD)
ANS: The Family Courts may issue orders therefor upon receipt of a verified petition
for:
1. {Declaration of absolute nullity of void marriage
2 Annulment of voidable marriage
3. Legal separation (Rule on Provisional Orders): and
4. Custody of minors and writs of habeas corpus in relation thereto.
Note: In petitions for custody of minors, only provisional orders for child
custody, hold departure order, and protection orders may be applied for
(A.M. No. 03-04-04-SC or Rule on Custody of Minors and Writ of Habeas
Corpus In Relation to Custody of Minors) [hereinafter Rule on Custody of
Minors].
Q: When may provisional remedies be issued by the Family Courts?

ANS: Upon receipt of a verified petition, and at any time during the proceeding, the
court, motu proprio or upon application under oath of any of the parties, guardian or
designated custodian, may issue provisional orders and protection orders (Rule on
Provisional Orders, Sec. 1).
Note: In petitions for custody of minors, provisional orders awarding custody may be
granted only after an answer has been filed or after expiration of the period to file it
(Rule on Custody of Minors, Sec. 13).
Q: Is prior hearing required before provisional orders may be issued?

ANS: No. Provisional orders may issue with or without a hearing (Rule on Provisional
Orders, Sec. 1).
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Q: Is the posting of a bond required before provisional orders may be enforced

immediately?
ANS: No. These orders may be enforced immediately, with or without a bond, and for
such period and under such terms and conditions as the court may deem necessary
(Rule on Provisional Orders. Sec. 1).
Q: What shall be the source of funds for spousal support?
ANS: In the absence of adequate provisions in a written agreement between Ihe
spouses, the spouses may be supported from the properties of the absolute community
or the conjugal partnership.
Note: The Family Court may direct the deduction of the provisional support from Ihe
salary of the spouse (Rule on Provisional Orders, Sec. 2).
Q: What shall be the duration of spousal support?

ANS: The court may award support to either spouse in such amount and for such
period of time as the court may deem just and reasonable based on their standard of
living during the marriage (Rule on Provisional Orders, Sec. 2).
Q: What factors may the court consider in awarding spousal support?

ANS: The court may likewise consider the following factors:
1. Whether the spouse seeking support is the custodian of a child whose
circumstances make it appropriate for that spouse not to sock outside
employment;
2. The time necessary to acquire sufficient education and training to enable the
spouse seeking support to find appropriate employment, and that spouse's
future earning capacity;
3. The-duration of the marriage;
4. The comparative financial resources of the spouses, including their
comparative earning abilities in the fabor market;
5. The needs and obligations of each spouse;
6. The contribution of each spouse to the marriage, including services
rendered in home-making, child care, education, and career building of the
other spouse;
7 The age and health of the spouses;
8. The physical and emotional conditions of Ihe spouses;
9. The ability of the supporting spouse to give support, taking into account that
spouse's earning capacity, earned and unearned income, assets, and
standard of living; and
10. Any other factor the court may deem just and equitable (Rule on Provisional
Orders, Sec. 2).
Q: What shall be the source of funds for child support of common children?
ANS: The common children of the spouses shall be supported from the properties of
Ihe absolute community or the conjugal partnership; but subject to the sound discretion
of the court, either parent or both may be ordered to give an amount necessary for the
support, maintenance, and education of the child. It shall be in proportion to the
resources or means of the giver and to the necessities of the recipient.
Note: The Family Court may direct the deduction of the provisional support from the
salary of the parent (Rule on Provisional Orders, Sec. 3).
Q: What factors may the court consider in determining child support?

ANS: In determining the amount of provisional support, the court may likewise consider
the following factors:
1. The financial resources of the custodial and non-custodial parent and those
of the child;
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2. The physical and emotional health of Ihe child and his or her special needs
and aptitudes;
3. The standard of living the child has been accustomed to: and
4. The non-monetary contributions that the parents will make loz/ard the care
and well-being of Ihe child (Rule on Provisional Orders, Sec. 3).
Q: In petitions for child custody and writs of habeas corpus in relation thereto,
when may a provisional order for child custody be granted?
ANS: After an answer has been filed or after expiration of the period lo file it. the court
may issue a provisional order awarding custody of the minor (Rule on Custody of
Minors. Sec. 13).
Q: In petitions for declaration of absolute nullity of void marriage or for annulment

of voidable marriage, or for legal separation, when may a provisional order for
child custody be granted?
ANS: Upon receipt of a verified petition for declaration of absolute nullity of void
marriage or for annulment of voidable marriage, or for legal separation, and at any time
during Ihe proceeding, the court, motu proprio or upon application under oath of any of
Ihe parlies, guardian or designated custodian, may issue provisional orders and
protection orders with or without a hearing (Rule on Provisional Orders. Sec. 1).
Q: What shall be the main consideration of the court in awarding child custody?
ANS: In determining the right party or person lo whom the custody of Ihe child of Ihe
parties may be awarded pending the petition. Ihe court shall consider the best interests
of the child and shall give paramount consideration lo the material and moral welfare of
the child (Rule on Provisional Orders. Sec. 4; Rule on Custody of Minors. Sec. 14).
Q: What is the order of preference to whom the court may award child custody?
(BEG-BCO)
ANS: As far as practicable, the following order of preference shall be observed in the
award of custody:
1. Both parents jointly;
2 Either parent, taking into account all relevant considerations, especially the
choice of the minor over seven years of age and of sufficient discernment,
unless the parent chosen is unfit;
3. The Grandparent, or if there are several grandparents, the grandparent
chosen by the minor over seven years of age and of sufficient discernment,
unless the grandparent chosen is unfit or disqualified;
4. Eldest Brother or sister over twenty-one years of age, unless he or she is
unfit or disqualified;
5. The actual Custodian of the minor over twenty-one years of age. unless the
former is unfit or disqualified; or
G. Any Oher person or institution the court may deem suitable to provide
proper care and guidance for the minor (Rule on Provisional Orders. Sec. 4;
Rule on Custody of Minors, Sec. 13).
Note: Appropriate visitation rights shall be provided to the parent who is not awarded
provisional custody unless found unfit or disqualified by the court (Rule on Provisional
Orders. Sec 4, Rule on Custody of Minors. Sec. 15).
Q: What other factors may the court consider in awarding child custody?
ANS: The court may likewise consider the following factors:
1. The agreement of the parties;
2. The desire and ability of each parent to foster an open and loving
relationship between the child and Ihe other parent;
3. The child's health, safety, and welfare;
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4. Any history of child or spousal abase by the person seeking custody or who
has had any filial relationship with Ihe child, including anyone courting Ihe
parent:
5. The nature and frequency of contact with both parents;
6. Habitual use of alcohol or regulated substances;
7. Marital misconduct;
6. The most suitable physical, emotional, spiritual, psychological and
educational environment; and
5. The preference of the child, if over seven years of age and of sufficient
discernment, unless the parent chosen is unfit (Rule on Provisional Orders,
Sec. 4: Rule on Custody of Minors, Sec. 14).
Q: When may a hold departure order anent the child issue?

ANS: The court, motu proprio or upon application under oath, may issue ex parte a
hold departure order, addressed lo the Bureau of Immigration and Deportation, directing
it not to allow the departure of the child.from the Philippines without the permission of
the court. "r > '..
Note: The court may recall the order motu proprio or upon verified motion of any of Ihe
parties atter summary hearing,’ subject to such terms and conditions as may be
necessary for the best interests of the child. (Rule on Provisional Orders, Sec. 6; Rule on
Custody of Minors, Sec. 16).
Q: What may a protection order include?

ANS: The court may issue an.Order of Protection requiring any person:
1. To:stay away from the home, school, business, or place of employment of
the child, other parent or any other party, and to stay away from any other
specific place designated by the court; .
2. Tojefraln from harassing, intimidating, or threatening such child or the other
parent or any person to whom custody of the child is awarded:
3. To refrain from acts of commission or omission that create an unreasonable
risk to the health, safety, or welfare of the child;
4. To permit a parent, or a person entitled to visitation by a court order or a
separation agreement, to visit the child at slated periods;
5. To permit a designated party io enter the residence during a specified
period of lime in order to take persona! Belongings not contested in a
proceeding pending with the Family Court; and
6. To comply with such other orders'as are necessary for the protection of Ihe
child (Rule on Provisional Orders, Sec. 7; Rule on Custody of Minors, Sec.
17).
Q: When may an application for receivership of common property be made?

ANS: If a spouse without just cause abandons Ihe other or fails lo comply with his or
her obligations to the family, the court may, upon application of the aggrieved party
under oath, issue a provisional order appointing the applicant or a third person as
receiver or sole administrator of the common property subject lo such precautionary
conditions it may impose.
Note: The provisional order issued by the court shall be registered in the proper
Register of Deeds and annotated in all titles of properties subject of the receivership or
administration (Rule on Provisional Orders, Sec. 8).
Q: How may the receiver dispose common or separate property of a spouse?

ANS: The receiver or administrator may not dispose of or encumber any common
property or specific separate property of either spouse without prior authority of the court
(Rule on Provisional Orders, Sec. 8).
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HUMAN SECURITY ACT

Q: What provisional remedies are available under the Human Security Act (HSA)?
ANS: The following provisional remedies may be applied for under the HSA:
1. Surveillance of Suspects and Interception and Recording of
Communications (R.A. No. 9372, Sec. 7);
2. Restriction on Travel (R.A. No. 9372, Sec. 26); and
3. Examination of Bank Deposits. Accounts, and Records (R.A Ho 9372 Sec
27).
Q: Discuss the extra-territorial application of the Human Security Act.

ANS: Subject to the provision of an existing treaty of which the Philippines is a
signatory and to any contrary provision of any law of preferential application, the
provisions of the HSA shall apply:
1. To individual persons who commit any of the crimes defined and punished
under the HSA within Ihe terrestrial domain, interior waters, maritime zone,
and airspace of the Philippines;
2. To individual persons who, although physically outside the territorial limits of
Ihe Philippines, commit, conspire or plot to commit any of the crimes defined
and punished under the HSA inside the territorial limits ot the Philippines;
3. To individual persons who, although physically outside Ihe territorial limits of
the Philippines, commit any of Ihe said crimes on board Philippine ship or
Philippine airship;
4. To individual persons who commit any of said crimes within any embassy,
consulate, or diplomatic premises belonging to or occupied by the Philippine
government in an official capacity;
5. To individual persons who, although physically outside Ihe territorial limits of
the Philippines, commit said crimes against Philippine citizens or persons of
Philippines descent, where their citizenship or ethnicity was a factor in Ihe
commission of the crime; and
6. To individual persons who, although physically outside the territorial limits of
Ihe Philippines, commit said crimes directly against Ihe Philippine
government (R.A. No.9372, Sec. 58).
Q: What is a “judicially declared and outlawed terrorist organization?"

ANS: When declared by the RTC, it is any organization, association, or group of
persons organized for Ihe purpose of engaging in terrorism, or which, although not
organized for that purpose, actually uses the acts to terrorize mentioned under Ihe HSA
or to sow and create a condition of widespread and extraordinary fear and panic among
the populace in order io coerce the government to give in lo an unlawful demand (RA.
No.9372, Sec. 17).
Note: The declaration may be made upon application of the Department of Justice
before a competent RTC. with due notice and opportunity lo be heard given to the
organization, association, or group of persons concerned (R.A. No.9372. Sec. 17).
Q: What acts are permissible under a judicial authorization for surveillance of

suspects and interception and recording of communications?
ANS: A police or law enforcement official and the members of his team may, upon a
written order of the Court of Appeals listen lo, intercept and record any communication,
message, conversation, discussion, or spoken or written words between members of a
judicially declared and outlawed terrorist organization, or of any person charged with or
suspected of the crime of terrorism or conspiracy to commit terrorism. (R A. No.9372.
Sec. 7)
Note: Surveillance may be with the use of any mode, form, kind or type of electronic or
other surveillance equipment or intercepting and tracking devices, or with the use of any
other suitable ways and means for that purpose (R.A. No.9372. Sec. 7)
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Sun Bcdu Lnw-RGCT Bar Operations Contor U
Q: In which court may an application for judicial authorization for surveillance be

filed?
ANS: It may be filed before a division of the Court of Appeals (R.A. No.9372, Sec. 7).
Q: State the requisites for an application for judicial authorization for surveillance.
ANS: The written order of the CA to track down, tap, listen to, intercept, and record
communications, messages, conversations, discussions, or spoken or written words of
any person suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism shall only be granted:
1. Upon an ex parte written application of a police or of a law enforcement
official who has been duly authorized in writing by the Anti-Terrorism
Council to file such ex parte application: and
2. Upon examination under oath or affirmation of the applicant and the
witnesses he may produce to establish:
a. That there is probable cause to believe based on personal knowledge
of facts or circumstances that the said crime of terrorism or conspiracy
to commit terrorism has been committed, or is being committed, or is
about to be committed; ’
b. That there is probable cause lo believe based on personal knowledge
of facts or circumstances that evidence, which is essential to the
conviction of any charged or suspected person for. or to the solution or
prevention of, any such crimes, will be obtained; and
c. That there is no other effective means readily available for acquiring
such evidence (R.A Nn. 9372, Sec. 8).
Q: State the contents of the order for surveillance.

ANS: The written order of the CA shall specify the following:
1. The identity, such as name and address, if known, of the charged or
suspected person whose communications, messages, conversations,
discussions, or spoken or written words are lo be tracked down, tapped,
listened to, intercepted, and recorded;
2. In Ihe case of radio, electronic, or telephonic (whether wireless or otherwise)
communicatiuus, messages, conversations, discussions, or spoken or
written words, ihe electronic transmission systems or the telephone
numbers lo be tracked down, tapped, listened to, intercepted, and recorded
and their locations;
Note: If the person suspected of the crime of terrorism or conspiracy to
commit terrorism is not fully known, that such person shall be subject to
continuous surveillance provided there is a reasonable ground lo do so.
3. The identity (name, address, and the police or law enforcement
organization) of the police or of the law enforcement official, including the
individual identity (names, addresses, and the police or law enforcement
organization) of Ihe members of his team, judicially authorized to track
down, tap, listen to. intercept, and record the communications, messages,
conversations, discussions, or spoken or written words;
4. The offense or offenses committed, or being committed, or sought lo be
prevented; and
5. The length of lime within which the authorization shall be used or carried out
(R.A No. 9372, Sec. 9).
Q: What is the effectivity period of a judicial authorization for surveillance?

ANS: Such authorization shall only be effective for Ihe length of time specified in Ihe
wrilten order, which shall not exceed a period of 30 days from the date of receipt of Ihe
written order by the applicant police or law enforcement official (R.A. No. 9372, Sec. W).
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ZHB
Q: State the requisites for a judicial authorization for surveillance to be extended
or renewed.
ANS: The authorizing division of the CA may extend or renew the said authorization for
another non-extendible period, which shall not exceed 30 days from the expiration of the
original period, provided:
1. That the authorizing division of Ihe CA is satisfied that such extension or
renewal is in the public interest; and
2. That the ex parte application for extension or renewal, which must be filed
by the original applicant, has been duly authorized in writing by the Anti
Terrorism Council.
Note: In case of death of the original applicant or in case he is physically
disabled to file Ihe application tor extension or renewal, the one next in rank
to Ihe original applicant among Ihe members of the team named in the
original written order of Ihe CA shall Tile the application for extension or
renewal (R.A. No. 9372, Sec. 10).
Q: When should the applicant inform the person subject of the surveillance about
the same?
ANS: If no case is filed within the 30-day period, the applicant police or law
enforcement official shall immediately notify the person subject of Ihe surveillance,
interceplion and recording of the termination of the said surveillance, interception and
recording (R.A. No. 9372, Sec. 10).
Note: The person being surveilled has the right to be informed of the acts done by the
law enforcement authorities in the premises or to challenge, if he or she intends to do
so. Ihe legality of the interference before the Court of Appeals which issued the written
order (R.A. No. 9372, Sec. 9).
Q: What are the duties of applicants after expiration of a judicial authorization for
surveillance?
ANS: The applicant police or law enforcement official and the members of his learn
shall, within 48 hours after the expiration of Ihe period fixed in the written order or within
48 hours after the expiration of any extension or renewal granted:
1. Deposit with Ihe authorizing division of the CA in a sealed envelope or
sealed package, all tapes, discs, and recordings made pursuant to the
authorization; and
2. Accompany the same with a joint affidavit of the applicant police or law
enforcement official and the members of his team (R.A. No. 9372. Sec. 11).
Note: II shall be unlawful for any person, police officer or any custodian of the tapes,
discs and recording, and their excerpts and summaries, written notes or memoranda lo
copy in whatever form, to remove, delete, expunge, incinerate, shred or destroy in any
manner Ihe items enumerated above in whole or in part under any pretext whatsoever
(R.A. No. 9372. Sec. 11).
Q: State the contents of the joint affidavit required to be filed by the applicant and
his team.
ANS: The joint affidavit of Ihe police or of Ihe law enforcement official and the
individual members of his team shall slate or include:
1. The number of tapes, discs, and recordings that have been made, as well
as the number of excerpts and summaries thereof and the number of written
notes and memoranda, if any, made in connection therewith:
2. The dates and times covered by each of such (apes, discs, and recordings;
3. The number of tapes, discs, and recordings, as well as the number of
excerpts and summaries thereof and the number of written notes and
memoranda made in connection therewith that have been included in the
deposit;
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4. The date of the original written authorization granted by the Anti-Terrorism

Council to the applicant to file the ex parte application to conduct the
tracking down, tapping, intercepting, and recording, as well as the dale of
any extension or renewal of the original written authority granted by Ihe
Court of Appeals; and
5. A certification under oath that no duplicates or copies of the whole or any
part of any of such tapes, discs, and recordings, and that no duplicates or
copies of the whole or any part of any of such excerpts, summaries, written
notes, and memoranda, have been made, or, if made, that all such
duplicates and copies are included in the sealed envelope or sealed
package, as the case may be. deposited with the CA (R.A. No.9372, Sec.
12).
Note: It shall be unlawful for any person, police or law enforcement official to omit or
exclude from the joint affidavit any item or portion thereof mentioned in this Section
(R.A. No.9372. Sec. 12).
Q: Who may execute the affidavit of the applicant in case of his death or physical
disability to do so?
ANS: In case of death of the applicant or in case he is physically disabled to execute
the required affidavit, the one next in rank to the applicant among the members of the
team named in the written order of the authorizing division of the Court of Appeals shall
execute with Ihe members of Ihe team that required affidavit (R.A. No.9372. See. 11).
Q: What is the nature of the deposited material and the contents thereof?
ANS: The sealed envelope or sealed package and the contents thereof, which are
deposited with the authorizing division of the CA. shall be deemed classified information
(R.A. No. 9372, Sec. 13).
Q: How may the deposited material and the contents thereof be used as
evidence?
ANS: The sealed envelope or sealed package shall not be opened and its contents
(including the tapes, discs, and recordings and all the excerpts and summaries thereof
and the notes and memoranda made in connection therewith) shall not be divulged,
revealed, read, replayed, or used as evidence unless authorized by written order of Ihe
authorizing division of the CA (R.A. No. 9372. Sec. 13).
Q: When may an application to use the deposited material and tho contents
thereof be granted?
ANS: The written order for the use of such deposited material shall be granted only;
1. Upon a written application of the Department of Justice filed before the
authorizing division of the CA; and
2. Upon a showing that the Department of Justice has been duly authorized in
writing by the Anti-Terrorism Council to file the application with proper
written notice the person whose conversation, communication, message
discussion or spoken or written words have been the subject of surveillance,
monitoring, recording and interception to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as evidence (R.A. No.
9372, Sec. 13).
Q: State the contents of an application to open the deposited material and the
contents thereof.
ANS: The written application with notice to Ihe party concerned to open the deposited
sealed envelope or sealed package shall clearly state the purpose or reason:
1. For opening the sealed envelope or sealed package;
2. For revealing or disclosing its classified contents;
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3. For replaying, divulging, and or reading any of the listened to, intercepted,
and recorded communications, messages, conversations, discussions, or
spoken or written words (including any of the excerpts and summaries
thereof and any of the notes or memoranda made in connection therewith);
and
4. For using any of said listened to, intercepted, and recorded
communications, messages, conversations, discussions, or spoken or
written words (including any of Ihe excerpts and summaries thereof and any
of Ihe notes or memoranda made in connection therev/ith) as evidence (RA
No. 9372. Sec. 14).
Q: What is the effect of violation of pertinent provisions of the HSA on the

admissibility of the evidence thus procured?
ANS: Any listened lo. intercepted, and recorded communications, messages,
conversations, discussions, or spoken or written words, or any part or parts thereof, or
any information or fact contained therein, including their existence, content, substance,
purport, effect, or meaning, which have been secured in violation of the pertinent
provisions of the HSA, shall absolutely not be admissible and usable as evidence
against anybody in any judicial, quasi-judicial, legislative, or administrative investigation,
inquiry, proceeding, or hearing (R.A. No. 9372. Sec. 15).
Q: When may an application for a restriction on travel be made?

ANS: In cases where evidence of guilt is not strong, and the person charged with the
crime of terrorism or conspiracy to commit terrorism is entitled io bail and is granted the
same. Ihe court, upon application by the prosecutor, shall limit Ihe right of travel of the
accused to within the municipalily or city where he resides or where the case is pending,
in the interest of national security and public safety, consistent with Article III, Section 6
of the Constitution.
Note: He/she may also be placed under house arrest by order of the court al his or her
usual place of residence (R.A. No. 9372. Sec. 26).
Q: What acts are prohibited to be done by a person under house arrest?

ANS: While under house arrest, he or she may not use telephones, cellphones, e-
mails, computers, Ihe internet or other means of communications with people outside
the residence until otherwise ordered by the court (R.A. No. 9372. Sec. 26).
Q: When shall such restrictions on travel be lifted?

ANS: The restrictions abovementioned shall be terminated upon Ihe acquittal of the
accused or of the dismissal of the case Tiled against him or earlier upon the discretion of
the court on motion of the prosecutor or of the accused. The restrictions
abovementioned shall be terminated upon the acquittal of the accused or of Ihe
dismissal of Ihe case Tiled against him or earlier upon the discretion of the court on
motion of the prosecutor or of the accused (R.A. No. 9372, Sec. 26).
Q: Who may be the subject persons of a judicial authorization tn examine bank

deposits, accounts, and records?
ANS: The CA may authorize the examination of bank deposits, placements, trust
accounts, assets, and records of:
1. A person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism;
2. Any judicially declared and outlawed terrorist organization, association, or
group of persons; or
3. Any member of such organization, association, or group of persons in a
bank or Tinancial institution (R.A. No. 9372, Sec. 28).
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San Budn Law-RGCT Bru Operations Contor u
Q: State the requisites for an application for judicial authorization to examine

bank deposits, accounts, and records.
ANS: The written order of the Court of Appeals authorizing the examination of bank
deposits, placements, trust accounts, assets, and records and the gathering of any
relevant information about the eubjoct pcrcons from said bank or financial liistltullon,
shall only be granted by the authorizing division of the CA:
1. Upon an ex parte application to that effect of a police or of a law
enforcement official who has been duly authorized in writing to file such ex
parte application by the Anti-Terrorism Council to file such ex parte
application: and
2. Upon examination under oath or affirmation of the applicant and the
witnesses he may produce to establish the facts that will justify the need and
urgency of examining and freezing the bank deposits, placements, trust
accounts, assets, and records of the subject persons (R.A. No. 9372, Sec.
28).
Q: State the contents of the order of examination.

ANS: The written order of Ihe authorizing division of the CA shall specify:
1. The identity of the said subject persons, whose deposits, placements, trust
accounts, assets, and records are to be examined or the information lo be
gathered: ,• ,
2. The identity of the bank or financial institution where such deposits,
placements, trust accounts, assets, and records are held and maintained;
3. I ho identity of tho persons who will conduct the said examination and the
gathering of the desired information; and
4. The length of time the authorization shall be carried out (R.A. No. 9372,
Sec. 29).
Q: What is the effectivity period of a judicial authorization for examination?

ANS: Such authorization to examine or cause the examination of and to freeze bank
deposits, placements, trust accounts, assets, ond records, or to gather information
about the same, shall be effective for the. length of lime specified in the written order,
which shall not exceed a period of 30 days from the date of receipt of the written order
by the applicant police or law enforcement official (R.A. No. 9372, Sec. 30).
Q: State the requisites for a judicial authorization for examination to be extended

or renewed.
ANS: The authorizing division of the CA may extend or renew the said authorization for
another period, which shall not exceed 30 days renewable to another 30 days from the
expiration of the original period, provided:
1. That the authorizing division of the CA is satisfied thal such extension or
renewal is in the public interest; and
2. That the ex parte application for extension or renewal, which must be filed
by the original applicant, has been duly authorized in writing by the Anti
Terrorism Council.
Note: In case of death of the original applicant or in case he is physically
disabled to file the application for extension or renewal, the one next in rank
to the original applicant among the members of the team named in the
original written order of the CA shall file the application for extension or
renewal (R.A No. 9372, Sec. 30).
Q: When should the applicant inform the subject person of the examination?
ANS: If no case is filed within the 30-day period, the applicant police or law
enforcement official shall immediately notify the person subject of the bank examination
and freezing of bank deposits, placements, trust accounts, assets and records (R.A. No.
9372, Sec. 30).
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Note: The person whose bank deposits, placements, trust accounts, assets, and
records have been examined, frozen, sequestered and seized by lav/ enforcement
authorities has the right to be informed of the acts done by the la// enforcement
authorities in the premises or to challenge, if he or she intends to do so, the legality of
Ihe interference (R.A. No. 9372, Sec. 29).
Q: What are the duties of applicants after expiration of a Judicial authorization for
surveillance?
ANS: The applicant police or law enforcement official and Ihe members of his team
shall, within 48 hours after the expiration of the period fixed in the v/ritten order or within
48 hours after the expiration of any extension or renev/al granted:
1. Deposit with the authorizing division of the CA in a sealed envelope or
sealed package, all information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and other documents obtained from
the examination of the bank deposits, placements, trust accounts, assets
and records of subject persons; and
2. Accompany the same with a joint affidavit of the applicant police or law
enforcement official and the members of his team (R.A. No. 9372, Sec. 31).
Q: State the contents of the joint affidavit required to be filed by the applicant and
his team.
ANS: The joint affidavit of the police or of the law enforcement official and the
individual members of his team shall slate or include:
1. The identifying marks, numbers, or symbols of the deposits, placements,
trust accounts, assets, and records examined;
2. The identity and address of the bank or financial institution where such
deposits, placements, trust accounts, assets, and records are held and
maintained.
3. The number of bank deposits, placements, trust accounts, assets, and
records discovered, examined, and frozen;
4 The outstanding balances of each of such deposits, placements, trust
accounts, assets;
5. All information, data, excerpts, summaries. noIes, memoranda, working
sheets, reports, documents, records examined and placed in the sealed
envelope or sealed package deposited with the CA:
6 The dale of the original written authorization granted by the Anti-Terrorism
Council to the applicant to file the ex parte application to conduct the
examination of the said bank deposits, placements, trust accounts, assets
and records, as well as the date of any extension or renewal of the original
written authorization granted by the CA;
7. Thal the items enumerated were all that were found in the bank or financial
institution examined at the time of the completion of the examination; and
8 A certification under oath that no duplicates or copies of the information,
data, excerpts, summaries, notes, memoranda, working sheets, reports, and
documents acquired from the examination of the bank deposits, placements,
trust accounts, assets and records have been made, or. if made. Ihat all
such duplicates and copies are placed in the sealed envelope or sealed
package deposited with the CA.
Note: It shall be unlawful for any person, police officer or custodian of the bank data
and information obtained after examination of deposits, placements, trust accounts,
assets and records to copy, to remove, delete, expunge, incinerate, shred or destroy in
any manner the items enumerated above in whole or in part under any pretext
whatsoever (R.A. No. 9372, Sec. 32).
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Sun Dudu Lnw-RGCT Bar Operations Conlot ■
Q: What is the nature of the deposited bank materials?

ANS: The sealed envelope or sealed package and the contents thereof, which are
deposited with the CA. shall be deemed classified information (R.A. No. 9372, Sec. 33).
Q: How may the deposited bank materials be used as evidence?

ANS: The sealed envelope or sealed package shall not be opened and its contents
shall not be divulged, revealed, read, or used as evidence unless authorized in a written
order of the authorizing division of the CA (R.A. No. 9372, Sec. 33).
Q: When may an application to use the deposited materials be granted?

ANS: The written order for the use of such deposited material shall be granted only:
1. Upon a written application of the Department of Justice filed before the
authorizing division of the CA; and
2. Upon a showing that the Department of Justice has been duly authorized in
writing by the Anti-Terrorism Council to file the application with notice in
writing to the party concerned not later than three days before the scheduled
opening, to open, reveal, divulge, and use the contents of the sealed
envelope or sealed package as evidence (R.A. No. 9372, Sec. 33).
Q: State the contents of an application to open the deposited material and the
contents thereof.
ANS: The written application with notice to the party concerned to open the sealed
envelope or sealed package shall clearly state the purpose and reason:
1. For opening the sealed envelope or sealed package;
2. For revealing and disclosing its classified contents; and
3. For using the classified information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and documents as evidence (R.A. No.
9372, Sec. 34)
Note: The notice in writing to the party concerned shall be not later than three (3) days
of the scheduled opening (R.A No. 9372, Sec. 34).
Q: What is the effect of violation of pertinent provisions of the HSA on the

admissibility of the information thus procured?
ANS: Any information, data, excerpts, summaries, notes, memoranda, work sheets,
reports, or documents acquired from the examination of the bank deposits, placements,
trust accounts, assets and records of the subject persons, which have been secured in
violation of the provisions of the HSA, shall absolutely not be admissible and usable as
evidence against anybody in any judicial, quasi-judicial, legislative, or administialive
investigation, inquiry, proceeding, or hearing (R.A. No. 9372, Sec. 35).
ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN ACT

Q: What is a temporary protection order (TPO)?
ANS: A TPO refers lo the protection order issued by the court on the filing of the
application and after ex parte determination of its need. It may also be issued in the
course of a hearing, motu proprio or upon motion.
Note: A protection order is that issued by the court to prevent further acts of violence
against women and their children, their family or household members, and to grant other
necessary relief (A.M. No. 04-10-11-SC or Rule on Violence against Women and their
Children, Sec. 4) [hereinafterRule on VAWC).
Q: In which cases may a TPO issue?

ANS: A TPO may issue in the following cases:
1. In a petition for protection order (Rule on VAWC. Sec. 15); or
2. in applications for protection orders filed as incidents in civil or criminal
cases (Rule on VAWC, Sec. 32).
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Q: When may the court issue a TPO?

ANS: If the court is satisfied from the verified allegations of the petition that there is
reasonable ground to believe Ihat an imminent danger of violence against women and
their children exists or is about to recur, the court may issue ex parte a temporary
protection order.
Note: The temporary protection order shall include notice of the date of the preliminary
conference and hearing on the merits (Rule on VAWC, Sec. 15).
Q: What Is the duration of a TPO?

ANS: A TPO shall be effective for thirty (30) days from service on the party or person
sought to be enjoined (Rule on VAWC, Sec. 15).
Q: Where is a TPO enforceable?

ANS: All TPOs shall be enforceable anywhere in the Philippines (Rule on VAWC, Sec.
17).
Q: In what instance may a Protection Order issue without notice and hearing?
ANS: In a complaint for violation of a Barangay Protection Order, during trial or upon
judgment, the first-level court may motu proprio issue a protection order when
warranted.
Note: Violation of any protection order issued under this Section shall constitute
contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to
any other criminal or civil action that the offended party may file for any of the acts
committed (Rule on VAWC, Sec. 44).
Q: What is a Barangay Protection Order (BPO)?

ANS: A BPO refers to the protection order issued by the Punong Barangay, or in his
absence Ihe Barangay Kagawad, ordering the perpetrator to desist from committing acts
of violence against the family or household members particularly women and their
children (Rule on VAWC. Sec. 4).
Q: Where may a complaint be filed for violation of a BPO?

ANS: A complaint for violation of a barangay protection order may be filed with any
metropolitan trial court, municipal trial court in cities, municipal trial court or municipal
circuit trial court that has territorial jurisdiction over the barangay which issued the said
protection order (Rule on VAWC. Sec. 42).
ANTI-MONEY LAUNDERING ACT

Q: What are the provisional remedies under the Anti-Money Laundering Act
(AMLA)?
ANS: The following are the provisional remedies under AMLA:
1. Freeze order (R.A. No. 9160, as amended, Sec. 10)-.
2. Authority to inquire into bank deposits (R.A. No. 9160, as amended, Sec.
11); and
3. Order of forfeiture (R.A. No. 9160, as amended, Sec. 12).
Q: When may a freeze order issue?

ANS: Upon a verified ex parte petition by the Anti-Money Laundering Council (AMLC)
and after determination that probable cause exists that any monetary instrument or
property is in any way related to an unlawful activity, the Court of Appeals may issue a
freeze order which shall be effective immediately (R.A. No. 9160, as amended, Sec. 10).
Note: “Unlawful activity" refers to any act or omission or series or combination thereof
involving or having direct relation to certain offenses under Sec. 3 of R.A. No. 9160, as
amended, or AMLA (R.A. No. 9160, as amended, Sec. 3 (I)).
REMEDIAL LAW £
Sun Qcda Law ROOT Qnr Oporoliona Center tU
Q: What is the effectivity duration of a freeze order?

ANS: A freeze order shall be effective immediately, and shall not exceed six (6)
months depending upon the circumstances of the case (R.A. No. 9160, as amended.
Sec. 10).
Q; After the lapse of the period provided in the freeze order, what is the effect of
the failure to file a case against the person whose account was frozen?
ANS: If there is no case filed against a person whose account has been frozen within
the period determined by the court, the freeze order shall be deemed ipso facto lifted
(R.A. No. 9160. as amended. Sec. 10).
Q: What is the remedy of a person whose account has been frozen?

ANS: A person whose account has been frozen may file a motion to lift the freeze
order and the court must resolve this motion before the expiration of the freeze order
(R.A. No. 9160. as amended, Sec. 10).
Q: Which court can issue a TRO or writ of injunction against any freeze order?
ANS: No court shall issue a temporary restraining order or a writ of injunction against
any freeze order, except the Supreme Court (R.A. No. 9160, as amended. Sec. 10).
Q: Which courts shall have jurisdiction over money laundering cases?

ANS: The regional trial courts shall have jurisdiction to try all cases on money
laundering; but those committed by public officers, and private persons who are in
conspiracy with such public officers, shall be under the jurisdiction of the
Sandiganbayan (R.A. No. 9160, as amended, Sec. 5)
Q: When is money laundering committed? (TC-CA-AP)

ANS: Money laundering is committed by any person who. knowing that any monetary
instrument or property represents, involves, or relates to the proceeds of any unlawful
activity:
1. Transacts said monetary instrument or property;
2. Converts, transfers, disposes of, moves, acquires, possesses or uses said
monetary instrument or property;
3. Conceals or disguises the true nature, source, location, disposition,
movement or ownership of or rights with respect to said monetary
instrument or property;
4. Attempts or conspires to commit money laundering offenses referred to in
paragraphs (1). (2) or (3);
5. Aids, abets, assists in or counsels the commission of the money laundering
offenses referred to in paragraphs (1), (2) or (3) above; and
6. Performs or fails to perform any act as a result of which he facilitates the
offense of money laundering referred to in paragraphs (1). (2) or (3) above
(R.A. No.9160, as amended. Sec. 4).
Note: Money laundering is also committed by any covered person who, knowing that a
covered or suspicious transaction is required under this Act to be reported to the Anti-
Money Laundering Council (AMLC), fails to do so (R.A. No. 9160, as amended, Sec. 4).
Q: What is a “Covered institution?"

ANS: "Covered institution" refers to:
1. Banks, non-banks, quasi-banks, trust entities, and all other institutions and
their subsidiaries and affiliates supervised or regulated by the Bangko
Sentral ng Pilipinas (BSP);
2. Insurance companies and all other institutions supervised or regulated by
the Insurance Commission; and
3. The following:
aBEDAN RED BOOK
™ Volume II | Soilos ot 2020/21
a. Securities dealers, brokers, salesmen, investment houses and other

similar entities managing securities or rendering services as investment
agent, advisor, or consultant;
b. Mutual funds, closed-end investment companies, common trust funds,
pre-need companies and other similar entities;
c. Foreign exchange corporations, money changers, money payment,
remittance, and transfer companies and other similar entities; and
d. Other entities administering or otherwise dealing in currency,
commodities or financial derivatives based thereon, valuable objects,
cash substitutes and other similar monetary instruments or property
supervised or regulated by Securities and Exchange Commission (R.A.
No. 9160. as amended Sec. 3 (a)).
Q: What is a "Covered transaction?”

ANS: "Covered transaction” is a transaction in cash or other equivalent monetary
instrument involving a total amount in excess of Five hundred thousand pesos
(P500.000) within one (1) banking day (R A. No. 9160. as amended, Sec. 3(b)).
Q: What is a "Suspicious transaction?"

ANS: "Suspicious transaction” means transactions with covered institutions, regardless
of the amounts involved, where any of the following circumstances exist:
1. There is no underlying legal or trade obligation, purpose or economic
justification.
2. The client is nol properly identified;
3. The amount involved is not commensurate with the business or financial
capacity of the client;
4. Taking into account all known circumstances, it may be perceived that the
client's transaction is structured in order to avoid being the subject of
reporting requirements under the Act;
5. Any circumstance relating to the transaction which is observed to deviate
from the profile of Ihe client and/or the client's past transactions with the
covered institution;
6. The transaction is in any way related to an unlawful activity or offense under
this Act that is about to be, is being or has been committed; or
7. Any transaction that is similar or analogous to any of Ihe foregoing (R.A. No.
9160, as amended. Sec. 3(b-1)).
Q: When may an order allowing the AMLC to inquire into or examine bank
deposits issue?
ANS: Upon order of any competenl court based on an ex parte application in cases of
violations of the AMLA, when it has been established that there is probable cause that
the deposits or investments, including related accounts involved, are related to an
unlawful activity or a money laundering offense, the AMLC may inquire into or examine
any particular deposit or investment, including related accounts, with any banking
institution or non-bank financial institution (R.A No. 9165, as amended. Sec. 11).
Note: "Related accounts" shall refer to accounts, the funds and sources of which
originated from and/or are materially linked to the monetary instrument(s) or
property(ies) subject of the freeze order(s) (R A. No. 9165, as amended, Sec. 11).
Q: What Is required before an application for the AMLC to inquire into or examine
bank deposits is granted?
ANS: The authority to inquire into or examine the main account and the related
accounts shall comply with the requirements of Article III, Sections 2 and 3 of the 1907
Constitution, which are incorporated by reference in the AMLA (R.A. No 9165, as
amended. Sec. 11).
REMEDIAL LAW!
Son Goda Lnw-RGCT Bnf Operations Conlor ■
Q: When may the AMLC Inquire into or examine bank deposits without need of
court order?
ANS: No court order shall be required in cases involving:
1. Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known
as the Revised Penal Code, as amended;
2. Sections 4. 5. 6. 8. 9. 10. 11. 12. 13. 14. 15 and 16 of Republic Act No. 9165,
otherwise known as the Comprehensive Dangerous Drugs Act of 2002;
3. Hijacking and other violations under Republic Act No. 6235; destructive
arson and murder, as defined under the Revised Penal Code, as amended;
4. Felonies or offenses of a nature similar to (1), (2) or (3) above, which are
punishable under the penal laws of other countries; and
5. Terrorism and conspiracy to commit terrorism as defined and penalized
under R.A. No. 9372 (R.A. No. 9165, as amended, Sec. 11).
Q: How may an order of forfeiture issue?
ANS: Upon determination by the AMLC that probable cause exists that any monetary
instrument or property is in any way. related to an unlawful activity or a money
laundering offense, the AMLC slpall file with the appropriate court through the Office of
the Solicitor General, a verified 'exparte petition for forfeiture (R.A. No. 9165, as
amended, Sec 12).
Note: The Rules of Court on Civil Forfeiture shall apply (R.A. No. 9165, as amended,
Sec. 12).
Q: Will the forfeiture cover only those monetary instruments or property related to
an unlawful activity or a money laundering offense?
ANS: No. The forfeiture shall include those other monetary instrument or property
having an equivalent value to ,that of the monetary instrument or property found to be
related in any way to an unlawful activity or a money laundering offense, when:
1. With due diligence; the former cannot be located;
2. It has been substantially altered, destroyed, diminished in value nr otherwise
rendered worthless by any act or omission;
3. It has been concealed, removed, converted, or otherwise transferred;
4. It is located outside the Philippines or has been placed or brought outside
the jurisdiction of the court; or
5. It has been commingled with other monetary instrument or property
belonging to either the offender himself or a third person or entity, thereby
rendering the same difficult !to identify or be segregated for purposes ol
forfeiture (R.A. No.9165, as amended, Sec. 12).
Note: in these 5 circumstances, the court may, instead of enforcing the order of
forfeiture of the monetary instrument or property or part thereof or interest therein,
accordingly order the convicted offender to pay an amount equal to the value of said
monetary instrument or property (R.A. No. 9165, as amended. Sec. 12).
Q: How may the offender or any other interested person seek to exclude property
forfeited on account of a money laundering offense?
ANS: Where the court has issued an order of forfeiture of the monetary instrument or
property in a criminal prosecution for any money laundering offense, the offender or any
other person claiming an interest therein may apply, by verified petition, for a declaration
that the same legitimately belongs to him and for segregation or exclusion of the
monetary instrument or property corresponding thereto (R.A. No. 9165, as amended,
Sec. 12 (b)).
Note: The verified petition shall be filed with the court which rendered the judgment of
forfeiture, within 15 days from the date of the finality of Ihe order of forfeiture, in default
of which the said order shall become final and executory (R.A No. 9165, as amended,
Sec. 12 (b)).
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™ Volume II | Stxioa of 2020/21 \
Q: What will the AMLC do when a foreign State makes a request for assistance in
the Investigation or prosecution of a money laundering offense?
ANS: The AMLC may execute the request or refuse to execute the same and inform
the foreign Slate of any valid reason for not executing the request or for delaying the
execution thereof. The principles of mutuality and reciprocity shall, for this purpose, be
at all times recognized (R.A. No. 9160, Sec. 13 (a)).
Q: What are the powers of the AMLC on the request for assistance from a foreign
state? (TGA)
ANS: The AMLC may execute a request for assistance from a foreign State by:
1. Tracking down, freezing, restraining and seizing assets alleged to be
proceeds of any unlawful activity under the procedures laid dov/n in this Act;
2. Giving information needed by the foreign State v/ithin Ihe procedures laid
down in this Act; and
3. Applying for an order of forfeiture of any monetary instrument or property in
the court (R.A. No. 9160, Sec. 13 (b)).
Note: The application for assistance must be accompanied by an
authenticated copy of the order of a court in the requesting stale ordering
the forfeiture and a certification or an affidavit of a competent officer of the
requesting State stating that the conviction and Ilie uidei of forfeiture arc
final and that no further appeal lies in respect of either (R.A. No. 9160, Sec
13 (b)).
Q: When may the AMLC refuse to comply with any request for assistance by a
foreign state?
ANS: The AMLC may refuse to comply with any request for assistance where the
action sought by the request contravenes any provision of the Constitution or the
execution of a request is likely to prejudice the national interest of the Philippines unless
there is a treaty between the Philippines and the requesting State relating to the
provision of assistance in relation to money laundering offenses (R.A. No. 9160, Sec. 13
(d)).
Q: What matters may the AMLC request for assistance to a foreign state?
ANS: The AMLC may make a request to any foreign Slate for assistance in:
1. Tracking down, freezing, restraining and seizing assets alleged to be
proceeds of any unlawful activity;
2. Obtaining information that it needs relating to any covered transaction,
money laundering offense or any other matter directly or indirectly related
thereto;
3. To the extent allowed by the law of the foreign stale, applying with the
proper court therein for an order to enter any premises belonging lo or in the
possession or control of. any or all of the persons named in said request,
and/or search any or all such persons named therein and/or remove any
document, material or object named in said request: provided, that the
documents accompanying the request in support of Ihe application have
been duly authenticated in accordance with the applicable law or regulation
of the foreign stale; and
4. Applying for an order of forfeiture of any monetary instrument or property in
Ihe proper court in the foreign state (R.A. no.9160. sec. 13 (c)).
Note: The request must be accompanied by an authenticated copy of the
order of the regional trial court ordering the forfeiture of said monetary
instrument or property of a convicted offender and an affidavit of the clerk of
court stating that the conviction and the order of forfeiture are final and that
no further appeal lies in respect of either (R.A. No.9160, Sec. 13 (c)).
REMEDIAL LAW1
San Bccla Law-RGCT Bar Operations Center ■
FINANCIAL REHABILITATION AND INSOLVENCY ACT

Q: What are the provisional remedies under Financial Rehabilitation and
Insolvency Act?
ANS: The court may issue orders:
1. Suspending any action lo enforce claims against the entity or otherwise
seize or foreclose on property of the foreign entity located In the Philippines:
2. Requiring the surrender properly of Ihe foreign enlily lo the foreign
representative: or
3. Providing other necessary relief (Republic Act 10142, Sec. 141).
Q: What are the factors in granting the relief?

ANS: In determining whether to grant relief under this subchapter, the court shall
consider.
1. The protection of creditors in the Philippines and the inconvenience in
pursuing their claim in a foreign proceeding;
2. The just treatment of all creditors through resort to a unified insolvency or
rehabilitation proceedings;
3. Whether other jurisdictions have given recognition lo the foreign proceeding;
4. The extent that the foreign proceeding recognizes the rights of creditors and
other interested parties in a manner substantially in accordance with Ihe
manner prescribed in this act: and
5. The extent that the foreign proceeding has recognized and shown
deference to proceedings under this act and previous legislation (Republic
Act 10142, Sec. 141).
Q: When will rehabilitation proceedings commence?

ANS: The rehabilitation proceedings shall commence upon Ihe issuance of the
Commencement Order (R.A. No.10142, Sec. 16).
Q: What are the effects of the commencement order? (VP-SSC-E)

ANS: The effects of the court's issuance of a Commencement Order shall relroact to
the date of the filing of the petition and. in addition to the effects of a Stay or Suspension
Order described in the foregoing section, shall:
1. yest the rehabilitation receiver with all the powers and functions provided for
under the Act, such as the right of access, and Iha right tn review and obtain
records to which the debtor's management and directors have access,
including bank accounts of whatever nature of the debtor, subject to Ihe
approval by the court of the performance bond posted by the rehabilitation
receiver;
2. Prohibit or otherwise serve as the legal basis for rendering null and void the
results of any extrajudicial activity or process lo seize properly, sell
encumbered property, or otherwise attempt to colled on or enforce a claim
against the debtor after the commencement date unless otherwise allowed
under these Rules, subject to the provisions of Section 49 of this Rule;
3. §erve as the legal basis for rendering null and void any set-off after the
commencement date of any debt owed to the debtor by any of the debtor's
creditors;
4. £erve as the legal basis for rendering null and void the perfection of any lien
against Ihe debtor's property after the commencement date;
5. Consolidate all legal proceedings by and against the debtor lo the court:
Provided, however, That the court may allow the continuation of cases in
other courts where the debtor had initiated the suit; and
6. j=xempl the debtor from liability for taxes and fees, including penalties,
interests and charges thereof due to the national government or the LGU as
provided in Section 19 of the Act (A.M. No. 12-12-11 SC, Rule 2. Sec. 9).
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Q: What is a stay or suspension order? (SS-PP)

ANS: Slay or suspension order shall refer to an order issued in conjunction with the
commencement order that shall:
1 Suspend all actions or proceedings, in court or otherwise, for the
enforcement of claims against Ihe debtor;
2. Suspend all actions lo enforce any judgment, attachment or other
provisional remedies against the debtor;
3. Prohibit the debtor from selling, encumbering, transferring or disposing in
any manner any of its properties except in the ordinary course of business;
and
4. Prohibit the debtor from making any payment of its liabilities outstanding as
of the commencement dale except as may be provided herein (AJA. (lo 12-
12-11 SC, Rule 1. Sec. 5(r)).
Q: When will a stay or suspension order not apply in a commencement order?

(PS-E-FB-CC)
ANS: The stay or suspension order shall not apply:
1. To cases already Pending appeal in the Supreme Court as of
commencement date;
2 Subject to the discretion of the court, to cases pending or hied with a
Specialized court or quasi-judicial agency which, upon determination by the
rehabilitation court upon motion made, Is capable of resolving the claim
more quickly, fairly and efficiently than Ihe court;
3. To the Enforcement of claims against sureties and other persons solidarily
liable with the debtor, and third parly or accommodation mortgagors as well
as issuers of letters of credit, unless the property subject of the third party or
accommodation mortgage is necessary for the rehabilitation of the debtor as
determined by Ihe court upon recommendation by the rehabilitation receiver;
4 To any Form of action of customers or clients of a securities market
participant to recover or otherwise claim moneys and securities entrusted lo
the latter in the ordinary course of the latter's business as well as any action
of such securities market participant or the appropriate regulatory agency or
self-regulatory organization to pay or settle such claims or liabilities;
5. To the actions of a licensed Broker or dealer to sell pledged securities of a
debtor pursuant to a securities of a pledge or margin agreement for the
settlement of securities transactions;
6. To Ihe Clearing and settlement of financial transactions through Ihe facilities
of a clearing agency or similar entities duly authorized, registered and/or
recognized by Ihe appropriate regulatory agency like the BSP and the SEC.
as well as any form of actions of such agencies or entities to reimburse
themselves for any transactions settled for the debtor; and
7. To any Criminal action against individual debtor or owner, partner, director
or officer of a debtor (A.M. No.12-12-11 SC, Rule 2. Sec. 10).
Q: When may a provisional relief be granted upon application for recognition of

foreign proceeding? (MM-SEA)
ANS: From Ihe lime of the complete publication of the notice of Ihe fact of filing under
Section 6 of this Rule until the same is decided upon, Ihe court may:
1 . Upon Motion of the foreign representative where relief is urgently needed lo
protect the assets of the debtor or the interests of Ihe creditors; and
2 There is prima facie showing that Ihe petition is Meritorious, grant relief of a
provisional nature, including:
a. Staying execution against the debtor's assets;
b. Entrusting the administration or realization of all or part of the debtor's
assets located in Ihe Philippines to the foreign representative or
632 REMEDIAL LAWS
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another person designated by the court in order to protect and preserve

the value of assets that, by their nature or because of other
circumstances, are perishable, susceptible to devaluation or otherwise
in jeopardy: and
c. Any relief mentioned in section 13 (a) (3). (4) and (6) of this rule (A.M.
No.12-12-11 SC. Rule 5, Sec. 11).
Note: The court may refuse to grant the provisional relief under this
section if such relief would interfere with the administration of a foreign
main proceeding (A.M. No.12-12-11 SC, Rule 5. Sec. 11).
Q: When will the provisional remedy granted upon application for recognition of
foreign proceeding be terminated?
ANS: Unless extended, the provisional relief granted under this section terminates
when the application for recognition is decided upon (A.M. No.12-12-11 SC, Rule 2,
Sec. 10).
PRECAUTIONARY HOLD DEPARTURE ORDERS

Q: Who may issue a Hold Departure Order (HDO)?
ANS: An HDO may be issuedonly by the Regional Trial Courts in criminal cases within
their exclusive jurisdiction (OCA Circ. No. 39-97).
Q: May the DOJ.Jssue a Hold Departure Order?

ANS: No. The DOJ does not have the inherent power to issue an HDO. unlike the
courts, or to restrict the right-to travel-in any way. DOJ Circular No. 41 is an invalid
impairment on«the*flght to travel, and therefore, unconstitutional (Genuino v. De Lima,
G.R. No. 197973, April 17, 2019).
Q: May the DOJ issue a Watch List Order?___

ANS: No. The\WLO»also does, not bear a significant distinction from an HDO, thereby
giving the impression that they are one and the same or, at the very least,
complementary to each other. That the subject of an HDO or WLO suffers the same
restriction in the right to travel is implied in the' fact that in either case, the concerned
individual has to seek permission‘to/leave the country from the court during the
pendency of the case against hirp (Genuino v. De Lima. G.R. No. 197973, April 17, 2016).
Q: What is a Precautionary Hold Departure Order (PHDOJ?

ANS: It is an order in writing issued by a court commanding the Bureau of Immigration
to prevent any attempt by a person suspected of a crime to depart from the Philippines,
which shall be issued ex parte in cases involving crimes where the minimum of the
penalty prescribed by law is at least six (6) years and one (1) day or when the offender
is a foreigner regardless of the imposable penalty (A.M. No. 18-07-05-SC or Rule on
Precautionary Hold Departure Order, Sec. 1) [hereinafter Rule on PHDO).
Q: How may a private complainant request that a PHDO be applied for by the
prosecutor?
ANS: Upon motion by the complainant in a criminal complaint filed before the office of
the city or provincial prosecutor, and upon a preliminary determination of probable
cause based on the complaint and attachments, the investigating prosecutor may file an
application in the name of Ihe People of the Philippines for a precautionary hold
departure order (PHDO) with the proper regional trial court (Rule on PHDO, Sec. 3).
Q: Where Is an application for a PHDO filed?
ANS: The application for a precautionary hold departure order may be filed by a
prosecutor with any regional trial court within whose territorial jurisdiction the alleged
crime was committed; but for compelling reasons, it can be filed with any regional trial
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court within the judicial region where Ihe crime was committed if Ihe place of the
commission of the crime is known.
Note: The RTCs in the City of Manila. Quezon City. Cebu City, Iloilo City. Davao City,
and Cagayan de Oro City shall also have the authority to act on applications filed by the
prosecutor based on complaints instituted by the National Bureau of Investigation,
regardless where the alleged crime was committed (Rule on PHDO. Sec. 2).
Q: What are the requisites for issuance of a precautionary hold departure order?
ANS: A precautionary hold departure order shall not issue except upon determination
by the judge, in whose court the application is filed, that:
1. Probable cause exists; and
2. There is a high probability that respondent will depart from the Philippines to
evade arrest and prosecution of crime against him or her.
Note: The judge shall personally examine under oath or affirmation, in the form of
searching questions and answers in writing, the applicant and the witnesses he or she
may produce on facts personally known to them and attaching to the record their sworn
statements (Rule on PHDO. Sec. 4).
Q: When may a PHDO be lifted?

ANS: It is lifted by the court that issued the order, upon filing of a verified motion by the
respondent, in the following cases:
1 . Where, based on the complaint-affidavit and the evidence that the
respondent will present, there is doubt that probable cause exists to issue
the PHDO or it is shown that he or she is not a flight risk, provided that the
respondent posts a bond;
Noto: The lifting of the PHDO is without prejudice to the resolution of the
preliminary investigation against Ihe respondent (Rule on PHDO. Sec. 7).
2 Where the prosecutor after preliminary investigation dismisses the criminal
complaint for lack of probable cause (Rule on PHDO, Sec. 5).
A. NA TURE OF SPECIAL CIVIL ACTION

Q: What is a Special Civil Action?
ANS: It is an action governed by the rules for ordinary civil actions subject to specific
rules (ROC, Rulo 1, Sec. 3(a)).
B. DISTINGUISH: ORDINARY CIVIL ACTIONS AND SPECIAL CIVIL

ACTIONS
Q: Distinguish Ordinary Civil Actions from Special Civil Actions.
ANS: They are distinguished as follows:
DISTINCTIONS BETWEEN ORDINARY CIVIL ACTIONS
________________ AND SPECIAL CIVIL ACTIONS
Ordinary Civil Actions Special Civil Actions
As to Governed by the rules for Governed by the rules for ordinary

Governing ordinary civil actions (ROC. Rule civil actions subject to specific
Rules 1. Sec. 3(a)). rules prescribed for a special civil
action (ROC. Rule 1, Sec. 3(a)).
REMEDIAL LAW!
It must be based on a cause of The concept of a cause of action

action (ROC. Rule 2, Sec. 1). does not always fit in a special civil
action (e.y. Interpleader and
Declaratory Relief).
rgg Venue is determined by either the This dichotomy does not always
■ residence of the parties when the apply to a special civil action fe.g.
R aclion is personal or by the venue in a petition for quo
III location of the property when the warranto is where the SC or CA
m| action is real (ROC. Rule 4, Sec. sits as provided in ROC. Rule 66.
Sec. 7)).
It may be filed initially either in the There are special civil actions
| MTC or the RTC (B.P. 129. which can be commenced in Ihe
J otherwise known as “Judiciary CA or SC (ROC. Rule 65. Sec. 4
| Reorganization Act of 1980“, as and Rule 66. Sec 7).
i amended by R.A. No. 7691.
I Secs. 19 and 33)
A civil action is commenced by • May be commenced by the filing of

the filing of the original complaint a complaint or by a petition.
in court (ROC. Rule I. Sec 5.). ;
(2 RiANO, Civil Procedure: The Bar Lecture Series (2016). p 122-126)
C. JURISDICTION AND VENUE

Q: Which court has jurisdiction over Special Civil Actions?
ANS: The courts with jurisdiction are Ihe following1
JURISDICTION AND VENUE OVER SPECIAL CIVIL ACTIONS
MTC j If Ihe subject matter is a Real

a. If the value of Ihe j Property - venue lies where
personal property j the property is located or any
does not exceed ; portion thereof is situated
P300.000 outside MM. (ROC. Ruta 4. Sec. 1)
or P400.000 within MM. If Ihe subject matter is a
or Personal Property - venue
b. If Ihe assessed value ol may be, al the election of Ihe
the real property does plaintiff
not exceed P20.000 a. Where the plaintiff or any of
outside MM. or P50.000 Ihe principal plaintiffs
within MM (B.P. Big. resides;
129, as amended. Sec. b Where the defendant or any
33). of the principal defendants
2 RTC resides: or
a. If the value is beyond c. In Ihe case of a non
that prescribed for resident defendant where
MTCs jurisdiction, for he may be found (ROC,
personal or real Rule 4. Sec. 2).
property; or
BEDAN KED BOOK
Voiurnu II | Sune- of 2020/21
REMEDIAL LAW!
Sun Bodn Law-RGCT Bur Operations Center ■
SC, CA, Sandiganbayan, or As to SC, CA, Sandiganbayan

RTC depending on the - where the court sits
appropriate court having As to RTC - court exercising
jurisdiction over the lower jurisdiction over the territorial
court, tribunal, board, or officer. area as defined by the
These petitions, when relating Supreme Court (ROC, Rule
to election cases from Ihe RTC 65, Sec. 4)
or MTC. may also be filed with
the COMELEC, in aid of its
appellate jurisdiction (ROC,
Rule 65, Sec. 4)
commenced by the Where the court sits.

Solicitor General - SC, CA
or RTC of Manila (ROC,
Rule 66, Sec. 7)
If commenced by a person
other than the Solicitor
General - SC, CA or RTC
exercising jurisdiction over
the territorial area where
the respondent or any of
the respondents resides
(ROC. Rule 66, Sec. 7)
RTC - because expropriation If the subject matter is a Real

is Incapable of pecuniary Property - venue lies where
estimation (Bardillon v. Masili, the property is located or any
G.R No. 146996. April 30. portion thereof is situated
2003)). (ROC. Rule 4, See. 1)
2 If the subject matter is a
Personal Property - venue
may be, at the election of the
plaintiff:
a. Where the plaintiff or any
of the principal plaintiffs
resides;
b. Where the defendant or
any of the principal
defendants resides; or
In the case of a non
resident defendant where
he may be found (ROC,
Rule 4. Sec. 2).
1. MTC If the assessed Where the property is located or

value of the real property any portion thereof is situated
does not exceed P20.000 (ROC. Rule 4. Sec. 1).
outside MM, or P50.000
within MM (B.P. Big. 129.
as amended. Sec. 33).
“ISBEDAN
I RED BOOK
2. RTC - If the value is

beyond that prescribed for
MTCs jurisdiction, for
personal or real property.
1. MTC 1. if the subject matter is a Real

a. If the value of the Property - venue lies where
personal property the property is located or any
does not exceed portion thereof is situated
P300.000 outside MM. (ROC. Rule 4. Sec. 1)
or P400.000 within MM; 2. If the subject matter is a
or Personal Property - venue
b. If ihe assessed value of may be, al the election of the
the real property does plaintiff:
not exceed P20.000 a. Where the plaintiff or any of
outside MM. or P50.000 the principal plaintiffs
within MM (B.P. Rig. resides:
129, as amended. Sec. b. Where the defendant or
33(1)&(3)) any of the principal
2. RTC-lf the value is beyond defendants resides; or
that prescribed for MTCs c. In the case of a non
jurisdiction, for personal or resident defendant where
real property. he may be found (ROC,
Rule 4. Sec. 2).
MTC - (B.P. Big. 129. as In the municipality or city wherein

ra®ta.'ftio, amended, Sec. 33(2)). the real property involved, or a
GEKtiira? portion thereof, is situated (ROC,
Rule 4, Sec. 4).
All Courts (Oca vGuxtndin, The court where such direct

GnT-t; G.R. No. 199825, July 16. contempt was committed (ROC,
2017). Rule 71. Sec. 1).
1. If committed against MTC, However:

the charge may be Tiled 1. If committed against MTC,
with the: venue is:
a. RTC of the place in a. RTC of the place in which
which the lower court is the lower court is silling; or
sitting; or b. In the MTC where such
b. In the MTC but subject indirect contempt was
to appeal to the RTC of committed (ROC. Rule 71,
such place (ROC, Rule Sec. 5).
71, Sec. 5) 2. If committed against RTC or a
2. If committed against RTC court of equivalent or higher
or a court of equivalent or rank, or against an officer
higher rank, or against an appointed by it, venue is
officer appointed by it, the where such court sits (ROC,
charge may be filed with Rule 71, Sec. 5).
such court (ROC, Rule 71,
Sec. 5).
REMEDIAL LAWS19
San Butin Lhw-RGCT Dnr Oporalions Contor
D. INTERPLEADER
Q: What is an Interpleader?
ANS: An interpleader is a remedy whereby a person, who has property in his
possession or an obligation to perform, either wholly or partially, but who claims no
interest in the subject, or whose interest, in whole or in part, is not disputed by others,
goes to court and asks that conflicting claimants to the property or obligation be required
to litigate among themselves in order to determine finally who is entitled to the same
(Ocampo v. Tirona. G.R. No. 147812, April 6, 2005).
Q: What are the requisites for Interpleader? (TSAI)

1. There must be Two or more claimants with conflicting interests;
2. The conflicting claims involve the same Subject matter;
3. The conflicting claims are made Against the same person (plaintiff); and
4. The plaintiff has either:
a. No interest whatever in the subject matter, or
b. Has an interest not disputed by the claimants (ROC. Rule 62, Sec. 1).
Q: When should the complaint for interpleader be filed?

ANS: An action of interpleader should be filed within a reasonable time after a dispute
hoc. arisen without waiting to be sued by either of the contending cluimuiila. Otherwise,
it may be barred by laches or undue delay. This is because after judgment is obtained
against the plaintiff by one claimant, he is already liable to the latter (WacklVack Golf
and Country Club. Inc. v. Won, G.R. No. L-23851, March 26. 1976).
Q: What are the grounds for a Motion to Dismiss a complaint for interpleader?
ANS: The following are the grounds:
1. Impropriety of the action for interpleader; or
2. The .allowable grounds for a motion to dismiss:
a. Res judicata.
b. Litis pendentia;
c. Prescription of Ihe actlnn; and
d. Lack of jurisdiction over the subject matter (ROC, Rule 62, Sec. 4,
RROC. Rule'15, Sec. 12(a)).
Note: Rule 16 of the 1997 Rules of Civil Procedure has been deleted in the RROC and
the grounds enumerated therein were transposed in the other provisions of the latter.
Q: What is the period to file an Answer if a Motion to Dismiss the complaint for
interpleader is denied?
ANS: The movant may file his answer within ihe remaining period before it was tolled
by the filing of the Motion to Dismiss, but which shall not be less than five (5) days in
any event, reckoned from notice of denial (ROC, Rule 62, Sec. 4).
E. DECLARA TORY RELIEFS AND SIMILAR REMEDIES
Q: Who may file a petition for Declaratory Relief?

ANS: Any person interested under a deed, will, contract or other written instrument, or
whose rights are affected by a statute, executive order or regulation, ordinance or any
other governmental regulation may, before breach or violation thereof bring an action in
the appropriate Regional Trial Court to determine any question of construction or validity
arising, and for a declaration of his rights or duties, thereunder (ROC, Rule 63, Sec. 1).
gSEDAN RED BOOK
a Volumu II | Sorlou of 2020/21
Q: What is the purpose of an action for Declaratory Relief?

ANS: The purpose of (he action for declaratory relief is to secure an authoritative
statement of the rights and obligations of the parties under said la// or contract, for their
guidance in the enforcement thereof or compliance therewith, and not to settle
issues arising from an alleged breach thereof (Municipality of Tupi v. Faustino G P. I Jo
231896, August 20, 2019).
Q: Enumerate the subject matters in an action for declaratory relief.

(DW-COW-SEROO)
ANS: The subject matters are.
1. Deed;
2. Will;
3. Contract;
4. Other J/Vritten instrument;
5. Statute;
6. Executive Order or Regulation;
7. Ordinance; or
8. Other governmental regulation (ROC, Rule 63. Sec. 1).
Q: What are the requisites of an action for Declaratory Relief? (SANDRA)

ANS: The requisites of an action for Declaratory Relief are:
1 The Subject matter of the controversy must be a deed, will, contract or other
written instrument, statute, executive order or regulation or ordinance;
2. There must be an Actual justiciable controversy
3. There must be have boon No breach of the documents in question:
4. The terms of said documents and the validity thereof are Doubtful and
require judicial construction;
5. The issue must be Ripe for judicial determination; and
6 Adequate relief is not available through other means or other forms of action
and proceeding (Republic v. Roque. G.R. No. 204603, September 21. 2013)
□: Enumerate the instances when the court may refuse to grant Declaratory Relief.
ANS: The court has discretion to act or not to act on the petition. It may, motu proprio
or on motion, refuse lo exercise the power to declare rights and to construe instruments
in any case:
1. Where a decision would not terminate the uncertainly or controversy which
gave rise to the action; or
2. Where Ihe declaration or construction is not necessary and proper under the
circumstances (ROC. Rule 63, Sec. 5).
Q: Enumerate the instances when the court may not refuse to exercise the power
to declare rights and to construe Instruments. (RAP)
ANS: The court does not have the discretion to refuse to exercise the power to declare
rights and to construe instruments in actions for:
1. Reformation of an instrument:
2. Action to quiet title lo real property or remove cloud therefrom: and
3. Petition for Consolidation of ownership (ROC. Rule 63. Sec. 1. par. (2))
Q: When may an Action for Declaratory relief be converted into an ordinary action?
ANS: If before the final termination of the case, a breach or violation of the instrument
or law or other governmental regulation should lake place. Ihe action thereupon may be
converted into an ordinary action, and the parties shall be allowed lo file such pleadings
as may be necessary or proper (ROC. Rule 63. Sec. 6).
REMEDIAL LAW!
San Goda Lnw-RQCT Bor Operations Coni ar ■
Q: What are the other similar remedies governed by Rule 63? (RAP)
ANS: The following are the other similar remedies:
1. geformation of an Instrument
2. Action to quiet title to real property and remove cloud therefrom: and
3. Petition for consolidation of ownership (ROC, Rule 63, Sec. 1).
Q: Distinguish between Declaratory Relief and other similar remedies under Rule 63.
ANS: Declaratory Relief and the other similar remedies are distinguished as follows:
DECLARATORY RELIEF DISTINGUISHED FROM SIMILAR REMEDIES
As.to i The court may refuse to exercise The court is bound to render;
Action by the power to declare rights and to judgment (ROC. RULE 63. Sec. 5). '
the Court construe instruments (ROC,
i- : - '.j
RULE 63, Sec. 5).
As.to < ' J RTC (ROC. RULE 63. Sec. 1). Reformation of Instrument - RTC
Jurisdiction
Quieting of Title and Consolidation
of Ownership - MTC or RTC
depending on the assessed value
(B.P. 129. as amended. Sec 19 and
33).
F. REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTION OF

THE COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT
Q: What is the mode of review of the judgment or final order or resolution of the
COMELEC or COA?
ANS: A judgment, final order or resolution of the COMELEC or the COA may be
brought by the aggrieved party (o the Supreme Court on certiorari under Rule 65 (ROC.
Rule 64, Sec. 2).
Q: What is the proper subject of reviews of judgments or final orders or

resolutions of the COMELEC or COA?
ANS: Review extends only to final orders or resolutions of the COMELEC En Banc and
not lo interlocutory orders issued by a Division (Sahali v. COMELEC, G.R. No. 201796,
January 15. 2013). Furthermore, the review does not apply lo judgements or final orders
by COA or COMELEC in the exercise of their administrative functions (Querubin v.
COMELEC, G.R. No. 216787, December 8. 2015).
Q: What are the distinctions in the application of Rule 65 to Judgments of the

COMELEC and COA and the application of Rule 65 to other tribunals, persons and
officers?
DISTINCTIONS BETWEEN PETITION FOR CERTIORARI
UNDER RULE 64 AND RULE 65
COMELEC and COA Other Tribunals, Persons
a nd Officers
The petition shall be filed The petition shall be filed nd

within 30 days from notice of later than 60 days from notice of
Ihe judgement or final order or the judgment, order or resolution
Bi BEDAN RED BOOK
kJ Volume II | Serios of 2020/21
G. CERTIORARI, PROHIBITION, AND MANDAMUS

Q: What is a writ of certiorari?
ANS: Writ of certiorari is a writ issued by a superior court to an inferior court, tribunal,
board or officer exercising judicial or quasi-judicial functions whereby Ihe record of a
particular case is ordered to be elevated for review and correction in matters of law
(MERALCO Securities Industrial Corp. v. Central Board of Assessment Appeals. G.R.
No. L-46245, May 31. 1982)
Q: What is a writ of prohibition?

ANS: Writ of prohibition is a writ issued when the proceedings of any tribunal,
corporation, board, officer or person, whether exercising judicial, quasi-judicial or
ministerial functions, are without or in excess of its or his jurisdiction, or with grave
abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or
any other plain, speedy, and adequate remedy in the ordinary course of law, upon the
filing of a verified petition by any person aggrieved thereby in the proper court alleging
the facts with certainly and praying that the judgment be rendered commanding the
respondent to desist from further proceedings in the action or matter specified therein
Q: What is a writ of mandamus?

ANS: Writ of mandamus is issued when any tribunal, corporation, board, officer or
person unlawfully neglects Ihe performance of an act which the law specifically enjoins
as a duly resulting from an office, trust, or station, or unlawfully excludes another from
the use and enjoyment of a right or office to which such other is entitled, and there is no
olher plain, speedy and adequate remedy in Ihe ordinary course of law (ROC, Rule 65,
Sec. 3).
REMEDIAL LAWB
San Bodo Luw-RGCT Bar Opurations Center U
Q: What are the distinctions among the petitions for certiorari, prohibition, and
mandamus?
CERTIORARI, PROHIBITION AND MANDAMUS; DISTINGUISHED
r. . ■
As to It is directed against It is directed against the Il is directed against an j
whom the action of an entity proceedings of the entity or person'
directed or person exercising entity or the person exercising ministerial i
judicial or quasi- exercising judicial, function (ROC. Rule 65, j
i • judicial function quasi-judicial or Sec 3).
ministerial function
i ___
i
? (ROC. Rule 65, Sec
V- (ROC. Rule 65. Sec 2).
I Grounds
As to Entity or
allege is to have
person Entity or person allege Entity or person is
is to have acted, acting, alleged to have
j acted:
1. Without
or is about to act:
1. Without jurisdiction;
unlawfully.
1. Neglected a
jurisdiction; 2. In excess ot ministerial duty; or
2. In excess of jurisdiction; or 2. Excluded another/
I jurisdiction: or
3. With grave abuse
3. With grave abusw of
discretion amounting
from a right ur office
(ROC. Rule 65, Sec
of discretion to lack or excess of 3).
i :: amounting to lack jurisdiction (ROC.
L or excess
jurisdiction (ROC,
of Rule 65. Sec. 2).
I •• Rule 65, Sec. T).

■
As to Purpose is to annul Purpose is to have Purpose is fori
Purpose or nullify a respondent desist from respondent to do the act
..... . v proceeding (2 further proceeding (2 required and to pay
RIANO. supra at p. RIANO. supra at 237) damages (2 RIANO.
183) supra at 244)
.t
Asto The remedy is The remedy is The remedy is:
Nature of corrective - to correct preventive and negative 1. Affirmative or
Remedy usurpation of - to restrain or prevent, positive - if the
jurisdiction (2 RIANO. usurpation of performance of a
t.'
' 5 Ji supra at 184) jurisdiction (2 RIANO. duty is ordered; or
supra at 237) 2. Negative - if a
person is ordered to
desist from
*. ’ vr ■•J excluding another
from right of office (2
RIANO, supra at
, J 245)
Q: What are the requisites for a petition for certiorari? (AJA)

ANS: The requisites are;
1. The petition is directed Against a tribunal, board or officer exercising judicial
or quasi-judicial functions;
2. Such tribunal, board or officer has acted without or in excess of jurisdiction,
or with grave abuse of discretion amounting to excess or lack of jurisdiction;
and
f BEGAN RED BOOK
1=1 Volumo II | Soriou of 2020/21
3. There must be no Appeal or other plain, speedy and adequate remedy in

the ordinary course of law (ROC, Rule 65, Sec. 1).
Q: What are requisites for a petition for prohibition? (EJA)

1. Respondent is a tribunal, corporation, board or person Exercising judicial,
quasi-judicial or ministerial functions;
2. Respondent acted, is acting or is about to act without or in excess of
Jurisdiction, or acted with grave abuse of discretion amounting to lack or
excess of jurisdiction; and
3. There must be no Appeal or other plain, speedy and adequate remedy
Q: What are the requisites for a petition for mandamus? (DR-AMEN)

1. The plaintiff must have a clear legal Right to the act demanded;
2. Il is the Duly of the defendant to perform the act because it is mandated by
law;
3. The act to be performed is Ministerial;
4. Defendant unlawfully Neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or station; or
5. Defendant unlawfully Excludes another from the use and enjoyment of a
right or office lo which the other is entitled; and
6. There is no Appeal or other plain, speedy and adequate remedy in the
ordinary course of law (ROC, Rule 65. Sec. 3).
Q: What is meant by "exercising judicial functions?"

ANS: The exercise of judicial functions may involve the performance of legislative or
administrative duties, and the performance of and administrative or ministerial duties,
may. in a measure, involve the exercise of judicial functions. It may be said generally
that the exercise of judicial functions is to determine what the law is. and what the legal
rights of parties are, with respect lo a matter in controversy; and whenever an officer is
clothed with that authority, and undertakes lo determine those questions, he acts
judicially (Bedol v. COMELEC, G.R. No. 179830, December3. 2009).
Q: What is a quasi-judicial function?

ANS: Quasi-judicial or administrative adjudicatory power on Ihe other hand is the
power of the administrative agency to adjudicate the rights of persons before it. It is the
power to hear and determine questions of fact to which the legislative policy is to apply
and to decide in accordance with the standards laid down by the law itself in enforcing
and administering the same law (Bedol v. COMELEC, supra).
Q: Distinguish between ministerial duty and discretionary duty.

ANS: Ministerial duty is that which is so clear and specific as lo leave no room for the
exercise of discretion in its performance. Discretionary duty is that which by its nature
requires the exercise of judgment (Carino v. Capulong. G.R No. 97203. May 26. 1993).
Q: When may a special civil action under Rule 65 be availed of?

ANS: A special civil aclion may be resorted to only in the absence of appeal or any
plain, speedy, and adequate remedy in the ordinary course of law; it is adopted lo
correct errors of jurisdiction committed by the lower court or quasi-judicial agency or
when there is grave abuse of discretion on the part of such court or agency amounting
to lack or excess of jurisdiction (Hilbero v. Morales. Jr., G.R. No. 198760, January 11,
2017).
REMEDIAL LAW 13B
Son Bcda Law-RGCT Bar Operations Center
Q: Why are the remedies of appeal and certiorari mutually exclusive?

ANS: When the proper remedy is appeal, the action for certiorari will net be
entertained. Certiorari is not a remedy for errors of judgement. Errors of judgment are
correctible by appeal: errors of jurisdiction are reviewable by certiorari (Casil v. CA. G.R.
No. 121534. January' 28. 1998).
Q: What are errors of jurisdiction?

ANS: Errors of jurisdiction are those committed when tribunal, corporation, board,
officer or person has acted:
1. Without Jurisdiction - means that the court acted with absolute lack ol
authority or want of legal power, right or authority to hear and determine a
cause or causes, considered either in general or with reference to a
particular matter. It means lack of power to exercise authority;
2. In excess of jurisdiction - occurs when the court transcends its power or
acts without any statutory authority; or results when an act, though within
the general power of a tribunal, board or officer to do, is not authorized and
invalid with respect to the particular proceeding, because the conditions
which alone authorize the exercise of the general power in respect of it are
wanting; or
3. With grave abuse of discretion - implies such capricious and whimsical
exercise of judgment as to be equivalent lo lack or excess nf jurisdiction;
simply put, power is exercised in an arbitrary or despotic manner by reason
of passion, prejudice, or personal hostility; and such exercise is so patent or
so gross as to amount to an evasion of a positive duty or to a virtual refusal
either lo perform the duty enjoined or to act al all in contemplation of law
(Tagle v. Equitable PC! Bank, G.R. No. 172299. April 22, 2008).
Q: What are the instances where certiorari may be availed of despite availability ol
appeal as a remedy? (REP-OFC)
ANS: Certiorari may be availed of despite the availability of appeal:
1. When an appeal does not constitute a speedy or adequate Remedy;
Note: The determination as to what exactly constitutes a plain, speedy and
adequate remedy rests on judicial discretion and depends on Ihe particular
circumstances of each case (Chan V. Secretary of Justice, G.R. No. 14/065,
March 14. 2008).
2. When orders are issued either in Excess or want of jurisdiction;
3. For certain special considerations as Public policy or public welfare;
4. When Qrder is a patent nullity;
5. When decision in Ihe certiorari case would avoid Future litigation; and
6. When, in Criminal actions, the courts reject rebultal evidence for Ihe
prosecution as. in case of acquittal, there could be no remedy (Casil v. CA.
G.R. No. 121534. January 28, 1998).
Q: Which court may grant injunctive relief in actions for certiorari, prohibition and
mandamus!
ANS: The court in which the petition is filed may issue orders expediting Ihe
proceedings, and it may also grant a temporary restraining order or a writ of preliminary
injunction for the preservation of Ihe rights of the parties pending such proceedings
Q: What is the expanded scope of writ of certiorari!

ANS: The wril of certiorari may be issued lo correct errors of jurisdiction committed not
only by a tribunal, corporation, board or officer exercising judicial, quasi-judicial or
ministerial functions but also lo set right, undo and restrain any act of grave abuse ol
discretion amounting to lack or excess of jurisdiction by any branch or instrumentality ol
J
|l SEDAN RED BOOK
*—J Volumo II | Sorics of 2020/21
the Government, even if the latter does not exercise judicial, quasi-judicial or ministerial
functions. Thus, petitions for certiorari and prohibition are appropriate remedies to raise
constitutional issues and lo review and/or prohibit or nullify the acts of legislative and
executive officials (Araullo v. Aquino III, G.R. No. 209287, July 1, 2014).
Q: Distinguish among appeal by certiorari under Rule 45, certiorari under Rule 65,
and Article VIII, Sec. 1 of the Constitution
ANS: The distinctions are the following:
DISTINCTIONS AMONG RULE 45, RULE 65, AND VIII,
Petition for Expanded Scope 1
j Certiorari
(ROC.Rule 65)
ot Petition for Certiorari 1
(CONST., Art VIII, Sec. 1) 1
Issues raised or Whether a tribunal Grave abuse of discretion

involved are board or officer amounting to lack or
purely of law exercising judicial or excess of jurisdiction not
(ROC, Rule 45. quasi-judicial only by a tribunal,
Sec. 1). functions has acted corporation, board or officer
without or in excess exercising judicial, quasi-
of its jurisdiction, or judicial or ministerial
with grave abuse of functions, but also to set
discretion amounting right, undo and restrain any
to lack or excess of act of grave abuse of
jurisdiction, and there discretion amounting to
is no appeal, nor any lack or excess or
plain, speedy, and jurisdiction by any branch
83FL. ' adequate remedy in or instrumentality of the
the ordinary course of Government even if the
law (Philippine latter does not exercise
National Bank v. judicial, quasi-judicial or
Gregorio, G.R. No. ministerial funclions
H. Ss 194944, September (Villanueva v. Judicial and
ML -Sf- 18. 2017).(ROC, Rule Bar Council, G.R. No.
65. Sec. 1). 211833, April 7. 2015).
As to ■
Ordinary appeal Original action Original Action (Araullo v.
(Arba v. Nicolas. (Agrarian Reform Aquino III. G.R No
G.R. No. Beneficiaries 209287, July 1,2014).
w
168394 0 Association v
ctobcr 6. 2008) Nicolas, G.R. No.
I: ■ 168394, October 8,
I; 2006)
Court is in the Court is exercising Expanded judicial power
i Jurisdiction? exercise of its original jurisdiction (Araullo v. Aquino. G.R No
Exejclsecl? j appellate (Albor v. CA, G.R. 209287 July 1.
jurisdiction (ROC. No. 196598, January 2014).
’’ < ■ /q Rule 41. Sec 17. 2018)
_ .J 2(c)).
Subject of J Seeks to review Directed mostly With respect to the SC.
the Action.; final judgments or against interlocutory however, the remedies
final orders orders or matters of certiorari and prohibition
(ROC, Rule 45, where no appeal may are necessarily broader in
Sec. 1). be taken from, or scope and reach, and the
REMEDIAL LAW!
Son Bodo Law-RGCT Bor Operations Centor ■
where the judgement writ of certiorari or

or final order is prohibition may be issued
rendered without or in to correct errors of
excess of jurisdiction jurisdiction committed not
or with grave abuse only by a tribunal,
of discretion corporation, board or officer
amounting to lack or exercising judicial, quasi-
excess of jurisdiction, judicial or ministerial
and there is no functions but also to set
appeal, nor any plain. right, undo and restrain any
speedy, and act of grave abuse of
adequate remedy discretion amounting lo
(Prime Savings Bank 1 lack or excess of
v. Sps. Santos. G R ! jurisdiction by any branch,
No. 208283, G.R No । or instrumentality of the (
208283, June 19. Government, even if the
2019). > latter does not exercise
judicial, quasi-judicial or
ministerial functions
| (Villanueva v. Judicial and
; Bar Council. G.R. No.
211833, April 7. 2015).
As to Time Appeal is taken Petition is filed not later than 60 days from notice of
of Filing within 15 days the judgment, order or resolution sought to be
from notice of the assailed (ROC, Rule 65. Sec. 4).
judgment, final
order, or
resolution or of
denial of
petitioner's
motion for new
trial or
reconsideration
(ROC, Rule 45,
Sec. 2).
No need for a Motion for Reconsideration is a pre-requisite

Motion for (Progressive Development Corporation v. CA. G.R.
condition Reconsideration No. 123555, January 22. 1999).
(ROC, Rule 45,
Sec. 2).
As to Lower court or Tribunal, board, or officer has to be impleaded in
Parties judge which the action as nominal party respondent (Heirs of
rendered the Guiambangan v Municipality of Kamansig, G.R.
judgment or final No. 204889, July 27, 2016).
order appealed
from should not
be impleaded
(Rule 45. Sec. 4)
SEDAN RED BOOK
Volumo II | Series of 2020/21
Stays the The challenged proceeding is nol stayed unless the

judgment. final court issues a TRO or injunctive writ (De Ocampo
order, or v. RPN-9. supra).
resolution
(Ocampo V.
RPN9. G.R No.
192947,
December 09.
2015).
Brought only to May be filed with the SC. Supreme Court
the SC (ROC. CA. RTC. Sandiganbayan. (Villanueva v. Judicial
Rule 45. Sec. 1). COMELEC (ROC. Rule 65. and Bar Council. G.R.
Sec. 4). No. 211833, April 7,
•
2015).
Q: Distinguish among Prohibition. Mandamus, and Injunction.

ANS: The deference among prohibition, mandamus, and injunction are:
DISTINCTIONS AMONG PROHIBITION, MANDA MUS AND INJUCTION
Mandamus I
I'ljibictlon J....JI
/..WWb. Special civil action Ordinary civil action.
Always Ihe main It may be the main action itself or a provisional

action remedy.
Directed against a Directed against an Directed against a party
court, tribunal, or entity or person to the action (ROC. Sec.
'I.; v person exercising exercising 58. Sec. 1).
judicial, quasi-judicial ministerial functions
or ministerial (ROC. Rule 65, Sec.
functions (ROC. Rule 3).
65. Sec. 2).
To prevent the To compel the To compel the

respondent from respondent lo respondent to perform
usurping jurisdiction perform a ministerial an act which is not
(ROC, Rule 65, Sec. and legal duty necessarily a legal and
2) (ROC. Rule 65. Sec. ministerial duty (ROC.
3). Sec 58. Sec. 1).
Jurisdictional May be brought May be brought Ordinary civil action of
before the SC. CA, before the SC. CA, injunction may be
Sandiganbayan or Sandiganbayan nr brought only befuie Ihe
RTC (ROC. Rule 65. RTC (ROC. Rule 65. RTCs as courts of
Sec. 4). Sec 4) general jurisdiction; CA
or SC do nol have
jurisdiction (Concorde
:• « H Condominium v. Baculio,
G.R. No. 203678,
February 17, 2016).
REMEDIAL LAW!
San Deda Lnw-RGCT Bar Operations Contor ■
Q: Within what period may a petition for certiorari, prohibition or mandamus be

filed?
ANS: The petition shall be filed not later than 60 days from notice of the judgment,
order or resolution. In case a motion for reconsideration or new trial is timely filed,
whether such molion is required or not, the 60-day period shall be counted from notice
of the denial of said molion (ROC, Rule 65, Sec. 4).
Q: Where should a petition for Certiorari, Prohibition or Mandamus be filed?

ANS: The petition is filed before the:
1. SC (ROC. Rule 65, Sec. 4)\
2. CA or Sandiganbayan. whether or not in aid of its appellate jurisdiction -
when it involves the acts or omissions of a quasi-judicial agency, unless
otherwise provided by law or these Rules, the petition shall be filed in and
cognizable only by the CA (ROC. Rule 65, Sec. 1).
3. COMEI FC, in aid of its appellate Jurisdiction - if it deals with election cases
involving an act or omission of the MTC or RTC (ROC, Rule 65, Sec. 4, as
amended by A.M. No. 07-7-12-SC)\ or
4. RTC - when it involves acts or omissions of a lower court or of a
corporation, board, officer or person, in the RTC exercising jurisdiction over
the territorial area as defined by the SC (ROC, Rule 65, Sec. 4).
Q: Why is a motion for reconsideration required to be filed before a petition for

certiorari, prohibition and mandamus may be availed of as a remedy?
ANS: As a general rule, a motion for reconsideration must first be filed with the lower
court prior to resorting to the extraordinary remedy of certiorari or prohibition since a
motion for reconsideration may still be considered as a plain, speedy, and adequate
remedy in the ordinary course of law {Carpio-Morales v. CA. G.R. Nos. 217126-27,
November 10, 2015).
Q: What are the exceptions to the rule on filing a motion for reconsideration
before filing the petition? (UNCLE-DRIP)
ANS: The following have been recognized as exceptions to the rule:
1. Where the order is a Patent nullity, as where the court a quo has no
jurisdiction;
2. Where the questions raised in the certiorari proceedings have been duly
Raised and passed upon by the lower court, or are the same as those
raised and passed upon in the lower court;
3. Where there is an urgent Necessity for the resolution of the question and
any further delay would prejudice the interests of the Government or of the
petitioner;
4. Where the subject matter of the action is Perishable;
5. Where, under the circumstances, a motion for reconsideration would be
Useless;
6. Where petitioner was deprived of Due process and there is extreme urgency
for relief;
7. Where, in a Criminal case, relief from an order of arrest is urgent and the
granting of such relief by the trial court is improbable;
gBEDAN RED BOOK
® Volume H | Sorlos of 2020/21
8. Where Ihe proceedings in the ôwer court are a nullity for lack of due
process;
9. Where the proceedings were £x parte or in which the petitioner had no
opportunity to object; and
10. Where the issue raised is one purely of lav/ or where public Interest is
involved (Philippine Bank of Communications v. CA, G.R. No.218901,
February 15, 2017).
Q: If the petition for certiorari, prohibition, or mandamus is granted, what are the
court actions and reliefs petitioner is entitled to?
ANS: They are as follows:
COURT ACTION AND RELIEF IN PETITION FOR
CERTIORARI, PROHIBITION, AND MANDAMUS
Court's Action to ttt?Taken Additional Reliefs
Annu) Ihe judgment or modify the Grant such incidental reliefs as

proceedings subject of the petition. law and justice may require
(ROC. Rule 65. Sec. 1)
Command the respondent lo desist Grant such incidental reliefs as

from further proceedings in Ihe law and justice may require
action or matter specified in the (ROC. Rule 65, Sec. 2).
petition.
Order the respondent to immediately Received payment of the i

or at some other lime specified by damages sustained by reason of I
the court, to do the act required to the wrongful acts of the I
be done to protect the rights of the respondent (ROC. Rule 65. Sec.
petitioner. 3).
Q: Where should a petition for certiorari, prohibition or mandamus be filed if it

involves acts or omissions of first-level/regional trial courts in election cases?
ANS: The COMELEC has the authority to issue the extraordinary writs of certiorari.
prohibition and mandamus only in aid of its appellate jurisdiction over decisions of the
courts in election cases involving elective municipal officials (A.M. No. 10-4-1-SC. Rule
14, Sec. 12).
Q: What are the grounds for the dismissal of the petition? (MDU)
ANS: The court may dismiss the petition if it finds it to be:
1 Patently without
2 Prosecuted manifestly for Delay; or
3 . If the questions raised are loo Unsubstantial to require consideration.
Note: In such event, the court may award in favor of the private respondent treble costs
solidarily against the petitioner and counsel, in addition lo subjecting the counsel to
administrative sanctions (ROC, Rule 65. Sec. 8).
H. QUO WARRANTO
Q: What is quo warranto under the Rules of Court?
ANS: It is a prerogative proceeding or wril issued by the court lo determine the right to
Ihe use or exercise of a franchise or office and to oust the holder from its enjoyment, if
his claim is nol well- founded, or if he has forfeited his right lo enjoy the privilege
(Fortuno v. Palma, G.R. No. 70203, December 18. 1987).
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Q: Against whom may a petition for quo warranto be filed under the Rules of
Court? (UFA)
ANS: A quo warranto may be filed against:
1. A person who Usurps, intrudes into, or unlawfully holds or exercises a public
office, position or franchise;
2. A public officer who does or suffers an act which by the provision of law.
constitutes a ground for the Eorfeiture of his office; or
3. An Association which acts as a corporation within the Philippines without
being legally incorporated or without lawful authority so to act (ROC, Rule
66. Sec. 1).
Q: What is quo warranto under the Omnibus Election Code (OEC)?

ANS: Quo warranto under the OEC refers to an election contest relating to the
qualifications of an elective official on the ground of ineligibility or disloyalty to the
Republic of the Philippines. The issue is whether respondent possesses all the
qualifications and none of the disqualifications prescribed by law (A.M. No. 07-4-15-SC
or the Rules of Procedure in Election Contests before the Courts involving Elective
Municipal and Barangay Officials, Rule 1, Sec. 3) [hereinafter Rules of Procedure in
Election Contests]).
Q: Who has jurisdiction over quo warranto petitions under the OEC?
ANS: The following tribunals shall have exclusive original jurisdiction over quo
warranto petitions under the OEC:
1. Involving elective barangay officials - Municipal trial courts (Rules of
Procedure in Election Contests, Rule 2. Sec. 2);
2. Involving elective municipal officials - Regional trial courts (Rules of
Procedure in Election Contests, Rule 2. Sec. 1);
3. Involving candidates for members of the Congress of the Philippines -
COMELEC (B.P. Big. 881, Sec. 253; Reyes v. COMELEC, G.R. No.
207264, June 25. 2013); or
4. Involving members of the Congress of the Philippines - Senate Electoral
Tribunal (SET) or House of Representatives Electoral Tribunal (HRET)
(CONST., Art. VI, Sec. 14; Llco v. COMELEC. G.R No. 205505. September
29. 2015).
Note: Tn be considered a Member of the Houso of Representatives, there
must be a concurrence of the following requisites: (1) a valid proclamation,
(2) a proper oalh, and (3) assumption of office (Reyes v. COMELEC, G.R.
No. 207264, June 25, 2013).
Q: Distinguish quo warranto under the Rules of Court from quo warranto under
the OEC.
ANS: The differences are the following:
DISTINCTIONS BETWEEN QUO WARRANTO:
RULES OF COURT AND OMNIBUS ELECTION CODE
QuoWarranto under I Quo Warranto Under OEC
As to Governed by the Rules of Court Governed by the election law (B.P.

Governing (ROC, Rule 66) Big. 881, Sec. 253)
Law ,
As to Issqes; The issue is the legality or The issue is the eligibility or

illegality of appointment (Republic disloyalty to Ihe Republic of the
v. Sereno, G.R No. 237428, June respondent (B.P. Big 881, Sec
. < • J 19. 2018). 253)
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volume III Sonos of 2020/21
Quo'Warranto under ROC Quo Warranto under OEC

Action must be commenced Petition must be filed within 10
within one (1) year from the days from the proclamation of the
petitioner's ouster from office or results of the election (B P. Big.
from the time the right of 881. Sec. 253)
petitioner to hold office arose
Subject of the petition is in Subjecl of Ihe petition is in relation

relation to an appointive office to an elective office (B.P. Big.
(Republic v. Sereno, G.R. No. 881).
237428, June 19. 2018).
The Court will oust the person The occupant who was declared
illegally appointed and will order ineligible will be unseated and the
Ihe seating of the person who petitioner may be declared the
was legally appointed and entitled rightful occupant of the office if Ihe
to the office (Republic v. Sereno, respondent is disqualified and the
G.R. No. 237426, June 19. 2018). petitioner received the second
highest number of votes
(Maquiling v. COMELEC, G.R. No
195649, April 16, 2013).
The petitioner must be Ihe person Any voter even if he is not entitled
claiming to be entitled lo the office to office (B.P. Big. 8B1, Sec. 253)
and would assume il if action
succeeds (ROC, Rule 66, Sec. 5).
SC. CA. or RTC (ROC, Rule 66. COMELEC. RTC. or MTC as the
Sec. 7). case may be (B.P. Big. 881. Sec.
253)
Q: When may the Solicitor General or public prosecutor commence a petition for
quo warranto? (DCR)
ANS: The Solicitor General or public prosecutor may file the petition in the following
cases:
1 When Directed by the President of Ihe Philippines, (ROC. Rule 66. Sec. 2).
2 Upon Complaint or otherwise he has good reasons lo believe the cases for
quo warranto can be established by proof (ROC, Rule 66, Sec. 2 ); or
3 With the permission of Ihe court in which the action is to be commenced, al
Ihe request and upon the Relation of another person; bul in such case the
officer bringing it may first require an indemnity for the expenses and costs
of Ihe action in an amount approved by and to be deposited in Ihe court by
Ihe person al whose request and upon whose relation the same is brought
Q: When may an individual commence a quo warranto action?

ANS: A person claiming lo be entitled lo a public office or position usurped or
unlawfully held or exercised by another may bring an action therefor in his own name
(ROC. Rule 66. Sec. 5)
Note: However, for a quo warranto petition lo be successful, the private person suing
must show a clear right to the contested office. In fact, not even a mere preferential right
to be appointed thereto can lend a modicum of legal ground lo proceed with the action
(Topacio v. Ong, G.R No. 179895, December 18, 2008).
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Q: What is the effect when the respondent is found guilty of usurping into a public
office, position or franchise?
ANS: Judgment shall be rendered:
1. That the respondent be ousted and excluded from the office;
2. That the petitioner or relator, as the case may be, to recover his costs;
3. Such further judgment may be rendered determining the respective rights in
and to the public office, position or franchise of all the parties to the action
as justice requires (ROC, Rule 66, Sec. 9);
4. For costs against petitioner, relator, or respondent, or the person or persons
claiming lo be a corporation; and
5. To apportion the r.nsls. as justice requires (ROC, Sec. 66, Sec. 12)
Q: What are the rights of a person adjudged entitled to the public office? (BED)
ANS: The person's rights are the following:
1. He may demand from respondent all the Books and papers in the
respondent's custody or control appertaining to the office Ip which the
judgment relates;
2. He may take upon himself the Execution of the office; and
3. He may bring an action for damages against respondent for the injuries
sustained by him by reason of Ihe usurpation (ROQ, Rule 66, Sec. 10).
Q: What is the prescriptive period for Filing a petition for quo warranto!
ANS: An action against a public ollicer or employee for his ouster from office must be
commenced within one (1) year after the cause of such ouster or the right of the
petitioner to hold such office or position arose and an action for damages against
respondent for the Injuries sustained by him by reason of Ihe usurpation must be
commenced within one (1) year after the entry of the judgment establishing the
petitioner's right to the office in question (ROC Rule 66, Sec. 11).
Q: When shall tho one-year prescriptive period apply in petitions for quo
warranto?
ANS: The one-year prescriptive period under Section 11. Rule 66 of the Rules of Court
still stands. But the Court made distinctions as to when such prescriptive period applies,
to wit:
1. When filed by the State at its own instance, through the Solicitor General,
prescription shall not apply;
Note: This does not equate lo a blanket authority given to the Solicitor
General to indiscriminately file baseless quo warranto actions in disregard of
the constitutionally-protected rights of individuals.
2. When filed by the Solicitor General or public prosecutor at the request and
upon relation of another person, wilh leave of court, prescription shall apply
except when established jurisprudential exceptions are present; and
3. When filed by an individual in his or her own name, prescription shall apply,
except when established jurisprudential exceplions are present (Republic v.
Sereno. G.R. No. 237428. June 19. 2018).
Note: The jurisprudential exceptions which take the case out of Ihe statute
of limitations are: (1) there was no acquiescence to or inaction on the part of
the petitioner, amounting to the abandonment of his right to the position; (2)
it was an act of the government through its responsible officials which
contributed lo the delay in the filing of the action; and (3) the petition was
grounded upon ihe assertion that petitioner's removal from the questioned
position was contrary to law (Republic v. Sereno. G.R. No. 237428. May 11,
2018).
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| BEDAN RED BOOK
Volume II | Sorloo ot 2020/21
/. EXPROPRIATION
Q: What is expropriation?
ANS: Expropriation is the procedure for enforcing the right of eminent domain
(NAPOCOR v. CA, G.R. No. 106804, August 12, 2004). Expropriation is forced taking of
private property, the landowner being really with a ghost chance to defeat the case of
the expropriating agency. In other words, in expropriation, the private owner is deprived
of property against his will (Vda. De Ouano v. Republic. G.R. No. 165354. January 12
2015).
Q: What are the rules or laws that govern expropriation proceedings?

ANS: The following rules and laws apply:
1. Rule 67, Rules of Court govern expropriation proceedings in general;
2. Section 19 of the Local Government Code governs as to the exercise by
local government units of the power of eminent domain through an enabling
ordinance The amount of the deposit shall be at least 15% of the fair
market value of the property, based on the current tax declaration of the
property to be expropriated; and
3. R.A. No. 10752 or the Right-of-Way Act, covers expropriation proceedings
intended for national government Infrastructure projects; however, if
expropriation is engaged by Ihe national government for purposes other
than national infrastructure projects, the assessed value standard and the
deposit mode prescribed in Rule 67 continues to apply (Republic v.
Gingoyon, G.R. No. 166429, December 19. 2005).
Q: How may the power of eminent domain be exercised by local government units
(LGUs)? (COP-JCO)
ANS: The power of eminent domain may be exercised by LGUs:
1. Through its Chief executive;
2. Acting pursuant to an Ordinance;
3. For Public use. or purpose or welfare for the benefit of Ihe poor and the
landless;
4. Upon payment of Just compensation;
5. Pursuant to the provisions of the Constitution and pertinent laws; and
6. After a valid and definite Offer has been previously made to the owner, and
such offer was not accepted (LOCAL GOVERNMENT CODE, Sec. 19).
Q: What are "National government projects" covered under R.A. No. 10752 or the
Right-of-Way Act?
ANS: The term “national government projects" shall refer to:
1. All national government infrastructure projects and its public service
facilities, engineering works and service contracts, including projects
undertaken by government-owned and -controlled corporations;
2. All projects covered by R.A. No. 6957, as amended by R.A. No. 7718,
otherwise known as the “Build-Operate-and-Transfer Law", and
3. Other related and necessary activities, such as site acquisition, supply or
installation of equipment and materials, implementation, construction,
completion, operation, maintenance, improvement, repair and rehabilitation,
regardless of the source of funding (R.A. No. 10752, Sec. 3).
Note: Subject to the provisions of R.A. No. 7160. otherwise known as the "Local
Government Code of 1991." LGUs may also adopt the provisions of the Right-of-Way
Act for use in the acquisition of right-of-way for local government infrastructure projects
(R.A. No. 10752, Sec 3).
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Q: What are "Service contracts?"

ANS: "Service contracts" shall refer to infrastructure contracts entered into by any
department, office or agency of the national government with private entities and non
government organizations for services related or incidental to the functions and
operations of the department, office or agency concerned (R.A. No. 8075, Soc. 2).
Q: Which court may issue TROs, preliminary injunctions, or preliminary

mandatory injunctions regarding national government projects, including service
contracts?
ANS: No court, except the Supreme Court, shall issue any temporary restraining order,
preliminary injunction or preliminary mandatory injunction against the government, or
any ot its subdivisions, officials or any person or entity, whether public or private acting
under the government direction, to restrain, prohibit or compel the following acts (RA.
No. 8975, Sec. 3).
Q: What is the status of writs or orders issued in violation of R.A. No. 8975?
ANS: Any temporary restraining order, preliminary injunction or preliminary mandatory
injunction issued in violation of Section 3 hereof is void and of no force and effect (R.A.
No. 8975, Sec. 4).
Q: What matters should be alleged in a complaint for expropriation? (R-DNA)

ANS: The verified complaint shall state:
1. The Flight of Ihe plaintiff lo expropriation and the purpose thereof;
2. A Description of the real or personal property sought to be expropriated;
3. Joined as defendants, the Names of all persons, owning or claiming to own.
or occupying, any part of the property or interest therein, showing as far as
practicable the Interest of each defendant; and
4. If the title to any property sought to be expropriated appears to be in the
Republic of the Philippines, although occupied by private individuals, or if
Ihe title is otherwise obscure or doubtful so that the plaintiff cannot with
accuracy or certainty specify who are the real owners. Averment to that
effect shall be made in the complaint (ROC, Rule 67. Sec. 1).
Q: What are stages in expropriation?

ANS: There are two stages in an action for expropriation.
1. Determination of Ihe Plaintiffs right to expropriate; and
2. Ascertainment of Just Compensation (Municipality of Biflan v. Garcia, G.R.
No. 69260, December 22, 1909).
Q: When may LGUs immediately take possession of the property sought to be

expropriated?
ANS: LGUs may immediately take possession of the properly upon the filing of Ihe
expropriation proceedings and upon making a deposit with the proper court of at least
15% of the fair market value of the property based on the current tax declaration of Ihe
property to be expropriated (LOCAL GOVERNMENT CODE. Sec. 19).
Q: When may the plaintiff take immediate possession of the property sought to be
expropriated under the Rules of Court?
ANS: The immediate possession of the property sought to be expropriated musl be
granted:
1. If real property is involved: Upon the filing of the complaint or at any time
thereafter and after due notice to the defendant, the plaintiff shall have the
right to take or enter upon the possession of the real property involved if he
deposits with the authorized government depositary an amount equivalent lo
the assessed value of the property for purposes of taxation to be held by
H SEDAN RED BOOK
Vofumo II | Serios of 2020/21
such bank subject lo the orders of Ihe court. Such deposit shall be in
money, unless in lieu thereof the court authorizes the deposit of a certificate
of deposit of a government bank of the Republic of the Philippines payable
on demand lo the authorized government depositary (ROC. Rule 67 Sec
2); or
2. If personal property is involved, its value shall be provisionally ascertained
and the amount to be deposited shall be promptly fixed by the court. Alter
such deposit is made, the court shall order Ihe sheriff or other proper officer
to forthwith place the plaintiff in possession of the property involved and
promptly submit a report thereof to the court with service of copies to Ihe
parties (ROC, Rule 67, Sec. 2).
Note: Upon compliance with Ihe requirements, the issuance of the writ of possession
becomes ministerial (Biglang-Awa v. Bacalla, G.R. No. 139927. November 22. 2000).
Q: What may the court do if land expropriated under the Right-of-Way Act is
occupied by informal settlers who refuse to vacate the land?
ANS: In case the expropriated land Is occupied by informal settlers who refuse or are
unable to demolish their structures and other improvements therein despite the writ of
possession issued, the court shall issue the necessary writ of demolition for the purpose
of dismantling any and all structures found within the subject properly (R.A. No. 10752,
Sec. 9).
Q: What is the new system of immediate payment of initial just compensation

under the Right-of-Way Act?
ANS: Upon the filing of the complaint or at any lime thereafter, and after due notice lo
the defendant, Ihe implementing agency shall immediately deposit lo Ihe court in favor
of the owner the amount equivalent to 100% of the value of Ihe land based on the
current relevant zonal valuation of Ihe Bureau of Internal Revenue (R.A. No. 10752, Sec
6).
Q: Distinguish: Deposit in Rule 67 and the new system of immediate payment of

initial just compensation under tho Right-of-Way Act
DEPOSIT IN RULE 67 AND R.A. NO. 10752
R.A. NO. 10752 (Right of Way Act), I
A
Expropriation in general. Only whenever it is necessary lo acquire
real property for Ihe right-of-way site or
location for any national government '
infrastructure through expropriation. (R.A
No. 10752, Sec 6).
Government is required Upon Ihe filing of Ihe complaint or at any
lo make an initial deposit. time thereafter, and after due notice lo the
defendant. the implementing agency shall ,
. tollssua j immediately deposit lo Ihe court in favor of
the owner the amount equivalent to Ihe sum
under subparagraphs (a)(1) to (a)(3),
liV’r Section 6 as indicated betow (R.A. No.
10752. Sec 6.).
ArnpuWof Equal to the assessed The amount equivalent to Ihe sum of:
Payment/ value of the property for 1. 100% of the value of the land based on
Deposit purposes of taxation. Ihe current relevant zonal valuation of
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Q: What are the rules if the defendant in an expropriation proceeding has no

objection thereto?
ANS: If a defendant has no objections or defenses.
1. He may file and serve a notice of appearance and manifestation lo that
effect, specifically designating or identifying the property in which he claims
to be interested, within the time stated in the summons; and
2. Thereafter, he shall be entitled to notice of all proceedings (Masikip v. City
of Pasig, G.R. No. 136349, January 23. 2006).
Q: What is the rule if the defendant in an expropriation proceeding has an

objection thereto?
ANS: If the defendant has objections to the filing of or allegations in the complaint, or
any objection or defense to the taking of his property, he shall serve an answer within
Ihe time stated in the summons. No motion to dismiss is permitted in a complaint tor
expropriation. Any objection or defense must be set forth in an answer (Masikip v. City
of Pasig, G.R. No. 136349, January 23, 2006).
Q: What is the proper court action If the owner of the property contests the
implementing agency’s proffered value under the Right-of-Way Act?
ANS: In the event that the owner of the property contests the implementing agency's
proffered value, the court shall determine the just compensation to be paid the owner
within 60 days from the date of filing of the expropriation case.
Note: When the decision of the court becomes final and executory, the implementing
agency shall pay the owner the difference between the amount already paid and the just
compensation as determined by the court (R.A. No. 10752. Sec 6.).
Q: What must be set forth in the answer in case of an objection?

ANS: The answer shall:
1. Specifically designate or identify the property in which he claims to have an
interest;
J
ffl BEDAN RED BOOK
1X1 Volumoll | Soilon of 2020/21
2. Stale the nature and extent of Ihe interest claimed; and

3. Adduce all his objections and defenses to the taking of his property. Ho
counterclaim, cross-claim or third-party complaint shall be alleged or
allowed in the answer or any subsequent pleading.
Note: As a rule, a defendant waives all defenses and objections not alleged in his
answer. However, the court may. in the interest of justice, permit amendments to the
answer to be made nol later than 10 days from its filing (ROC. Rule 67. Sec. 3).
Q: Can the defendant present evidence as to the amount of compensation to be

paid?
ANS: Yes. In relation to the determination of the just compensation, the defendant may
present evidence as to Ihe amount of compensation to be paid, whether or not he had
previously filed his answer or appeared before the court (ROC, Rule 67. Sec. 3).
Q: When is an order of expropriation issued?

ANS: An order of expropriation is issued by the court when:
1. The objections to and the defenses of the defendant are overruled; or
2. No party appears to defend the case (ROC. Rule 67. Sec. 4).
Q: What is the remedy from an order of expropriation?

ANS: A final order sustaining Ihe right to expropriate the property may be appealed by
filing a notice of appeal with a record on appeal by any party aggrieved thereby (ROC.
Rule 67. See 4).
Q: What is the effect of filing an appeal on the second stage of the expropriation
proceedings?
ANS: Filing an appeal shall not prevent the court from proceeding with the
determination of the just compensation. In addition, after such order has been rendered,
the plaintiff shall not be permitted to dismiss or discontinue the proceedings except on
such terms as the court deems just and equitable (ROC, Rule 67, Sec. 4).
Q: What shall the court do upon rendition of the order of expropriation?

ANS: Upon Ihe rendition of the order of expropriation, the court shall appoint not more
than 3 competent and disinterested persons as commissioners to ascertain and report
to the court the just compensation for the property sought to be taken (ROC. Rule 67.
Sec. 5).
□ : What is the formula for determining just compensation?

ANS: The formula is as follows: JC = FMV + CD - CB.
Just Compensation = Fair Market Value + Consequential Damages - Consequential
Benefits.
Note: If CB is more than CD then. JC = FMV (Republic v. Cebuan. G.R. No. 206702,
June 7, 2017) In no case shall the consequential benefits assessed exceed the
consequential damages assessed, or the owner be deprived of the actual value of his
property so taken (ROC, Rule 67, Sec. 6).
Q: What is the reason why appointment of commissioners is indispensable?

ANS: The court cannot dispense with the appointment of commissioners because the
trial with the aid of commissioners is a substantial right that may not be done away with
capriciously or for no reason at all. It allows the parties to present evidence on the issue
of just compensation (MERALCO v. Pineda, G.R. No. L-59791. February 13. 1992).
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Q: What is the exception to the indispensability of appointment of

commissioners?
ANS: Rule 67 presupposes a prior filing of complaint for eminent domain with the
appropriate court by the expropriator. If no such complaint is filed, the expropriator is
considered to have violated procedural requirements, and hence, waived the usual
procedure prescribed in Rule 67. including the appointment of commissioners Io
ascertain just compensation (National Power Corporation v. CA, G.R. No 197329,
September 8. 2014).
Q: Within what period should the commissioners file a report of their

proceedings?
ANS: The commissioners shall file a report of their proceedings within 60 days from
notice of their appointment, subject to extension by the court. The report shall not be
effectual until the court has accepted the report and rendered judgment in accordance
with their recommendations. The parties may file objections to such report within 10
days from notice thereof (ROC, Rule 67, Sec. 7).
Q: What may the court do with the report of the commissioners? (SPAR)
ANS: The court may. after hearing, take any of the following actions with respect to the
commissioners' report:
1. Accept the report and render judgment in accordance therewith;
2. Recommit the same to commissioners for further repot l of facts,
3. Set aside the report and appoint new commissioners; or
4. Accept the report in £art and reject it in part (ROC. Rule 67, Sec. 8).
Q: What are the rights of the plaintiff upon judgment and payment of just
compensation?
ANS: Upon payment,by the plaintiff to the defendant of the compensation fixed by the
judgment, with legal interest thereon from the taking of the possession of the property,
or after tender to him of the amount so fixed and payment of the costs, the plaintiff shall
have the right to enter upon the property expropriated and to appropriate it for the public
use or purpose defined in the judgment, or to retain it should he have taken immediate
possession thereof (ROC, Rule 67, Sec. 10).
Note: The right of the plaintiff to enter upon the property of the defendant and
appropriate the same for public use or public purpose shall nol be delayed by an appeal
from the judgement (ROC, Rule 67, Sec. 11).
Q: What is the effect of recording In the registry of deeds the judgment In an

expropriation case?
ANS: The recording shall vest in the plaintiff the title to the real estate (ROC, Rule 67,
Sec. 13).
Q: What is inverse condemnation?

ANS: Inverse condemnation is the action to recover just compensation from the State
or its expropriating agency. In case of a taking without the proper expropriation action
filed, the property owner may file its own action to question the propriety of the taking of
to compel the payment of just compensation (National Power Corporation v. Sps.
Asoque, G.R. No. G.R. No. 172507, September 14. 2016
Q: What is an action for reversion?

ANS: Action for reversion Is an action to recover property previously subjected to
expropriation proceedings when the property is not devoted to the specific public
purpose for which it was taken subject to the return of the amount of just compensation
received (Republic v. Heirs of Borbon, G.R. No. 165354. January 12, 2015).
gBEDAN RED BOOK
“U Votumo III Senos of 2020/21
J. FORECLOSURE OF REAL ESTATE MORTGAGE
Q: What are the alternative remedies of the creditor in case of default by the debtor?
ANS: In case of default of the debtor, the creditor has Ihe following alternative
remedies lo recover Ihe debt:
1 . Filing of a personal action for collection of sum of money: or
2 Institution of a real action lo foreclose on the mortgage security (Marilag v.
Martinez, G.R. No. 201892. July 22. 2015).
Note: The two remedies are alternative, nol cumulative or successive; Availing of the
two remedies constitutes splitting ol a single cause of action, dismissible by either litis
pendentia or res judicata (Marilag v. Martinez. G.R. No. 201892. July 22. 2015).
KINDS OF FORECLOSURE
Q: What are the kinds of foreclosure?
ANS The kinds of foreclosure are:
1. Judicial foreclosure (ROC. Rule 68); and
2. Extrajudicial foreclosure (Act No. 3135, as amended by Act No. 4118).
Q: What is extrajudicial foreclosure of real estate mortgage?
ANS: Extrajudicial foreclosure of real estate mortgage is when the mortgagee is given
a special power of attorney to sell Ihe mortgaged property by public auction, under Act
No. 3135. It must be stipulated in Ihe contract (Act No. 3135. Sec. 1).
Q: What is extrajudicial foreclosure of chattel mortgage?

ANS: Under Act No. 1508, otherwise known as the Chattel Mortgage Law .
Extrajudicial foreclosure of chattel mortgage is when the mortgagee, his executor,
administrator, or assign, may. after thirty days from the time of condition broken, cause
Ihe mortgaged property, or any part thereof, to be sold at public auction (Act No. 1508.
Sec 14.)
Note RA No 11057. otherwise known as the Personal Property Security Act,
repealed Act No. 1508 effective February 9, 2019 (Sec 8.08, IRR R.A. No. 11057).
Notwithstanding its entry into force, the implementation of Ihe act shall be conditioned
upon the Registry being established and operational under Sec 26 (R.A No 11057,
Sec. 68). Under the PPSA, after default, a secured creditor may sell or otherwise
dispose of the collateral, publicly or privately, in its present condition or following any
commercially reasonable preparation or processing (R.A. No. 11057, Sec. 49).
Q: Distinguish judicial foreclosure from extrajudicial foreclosure.

ANS: The differences are the following:
JUDICIAL FORECLOSURE DISTINGUISHED FROM EXTRAJUDICIAL
FORECLOSURE OF REAL ESTATE AND CHATTEL MORTGAGE
Extrajudicial Foreclosure
Judicial
i ■ j ■■ ■ ■". ;
। Forticlosure । Real Estate | Chattel Mortgage
ic • -
Governed by Rule Governed by Act No. Governed by Act
Governlnglkaw I 68 of the Rules of 3135, as amended by No. 1508.
k ,x -k- Court. Act No. 4118.
As to Involves the filing It does not require the No court
requirement of an independent filing of an action intervention is
of an aclion (ROC, Rule (A.M. No. 99-10-05-0, necessary (Act No.
Independent 68. Sec 1). August 7, 2001). 1508, Sec 14).
Action
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Son Bcda Law-RGCT Bar Operations Canter ■
i Judicial Extrajudicial Foreclosure

I Foreclosure r\e<*r csiaie | Chattel Mortgage
■’ .■ ■ '■ o _____
As to Necessity I It requires court No court intervention No court
off Court | intervention (ROC, is necessary (Act No. intervention is
Intervention I Rule 68, Sec 2). 3135, Sec 4.) necessary (Act No.
1508, Sec 14).
As to Existence I There is only an Right of redemption Ono year

of Right of I equity of exists within one (1) redemption period
Redemption I redemption and no year from the from the date of the
| right of redemption registration of the registration of the
I except when the certificate of sale in certificate of sale
I mortgagee is a the register of deeds (ROC. Rule 39,
I banking institution (Act No. 3135, Sec Sec. 33).
I (ROC, Rule 68, 6).
| Sec 12).
As to Manner of I The court may The recovery of the An independent

Recovering I render a deficiency deficiency is allowed aclion may be
Deficiency l-judgmenl (ROC. through an instituted for the
I Rule 68, Sec. 6) independent action recovery of said
(Rabat v. PNB. G.R. deficiency
5 -J No. 15875, June 18. (Superlines v. ICC
2012). Leasing, G.R. No.
150673). Except
when the chattel
secured a sale of
personal property on
installments, there
cannot be any
further action
••• y against the
deficiency (CIVIL
CODE. Art. 1484).
Q: What matters must be alleged in an action for foreclosure of mortgage?

(DANDON)
ANS: The following must be alleged:
1. The fiale and due execution of the mortgage;
2. Its Assignments, If any;
3. The hjames and residences of the mortgagor;
4. A Description of the mortgaged properly;
5. A statement of the date of the note or other documentary evidence of the
Obligation secured bythe mortgage, the amount claimed to be unpaid
thereon; and
6. The fjames and residences of all persons having or claiming an interest in
the property subordinate in the right to that of the holder of the mortgage, all
of whom shall be made defendants in the action (ROC. Rule 68. See. 1).
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NEED FOR SPECIAL POWER OF ATTORNEY

Q: When may foreclosure of real estate mortgage be done extrajudicially?
ANS: An extrajudicial foreclosure of real estate mortgage is allowed under Act No.
3135, Sec. 6, provided that a special power of attorney or authority to sell the mortgaged
property is inserted or annexed to the deed of mortgagee empov/ering the mortgagee to
sell the mortgaged property at public auction (Baysa v. Plandlla. G.R. No. 159271, July
13, 2015).
Note: When a sale of a piece of land or any interest therein is through an agent, the
authority of the latter shall be in writing; otherwise, the sale shall be void (CIVIL CODE.
Art. 1874).
AUTHORITY TO FORECLOSE EXTRAJUDICIALLY

Q: What is an authority to foreclose extrajudicially?
ANS: It was used interchangeably by the SC with a special power to foreclose Ihe real
estate mortgage wherein the mortgagee is allowed, provided that a special power of
attorney or an authority to sell Ihe mortgaged properly is inserted or annexed to the
deed of mortgage empowering Ihe latter to sell the mortgaged property at public auction
(Baysa v Planlilla. G.R. No. 159271, July 13, 2015).
PROCEDURE
Q: Which court has jurisdiction over foreclosure proceedings?
ANS: The MTC or RTC has jurisdiction. An action to foreclose a real estate mortgage
is considered as a real action involving title to. or possession of, real property or any
interest therein, the determination of jurisdiction would depend on the assessed value of
Ihe property (Barrido v. Nonato, G.R. No. 176492, October 20. 2014).
Q: To whom shall applications for extra-judicial foreclosure of mortgage be Filed?

ANS: All applications for extra-judicial foreclosure of mortgage whether under the
direction of the sheriff or a notary public, pursuant to Act 3135. as amended by Act
4118. and Act 1508, as amended, shall be filed wilh the Executive Judge, through the
Clerk of court who is also the Ex-Officio Sheriff (A.M. No. 99-10-05-0. August 7. 2001).
Q: What is the venue of the auction sale In extrajudicial foreclosure proceedings?

ANS: Sale shall be made in the province in which Ihe property sold is situated; and in
case the place within said province in which the sale is lo be made is subject to
stipulation, such sale shall be made in said place or in Ihe municipal building of the
municipality in which the property or part thereof is situated {Act. No. 3135, Sec. 2).
Q: How is venue affected if the application involves multiple properties involving

Real and/or Personal properties?
ANS: Where the application concerns the extrajudicial foreclosure of mortgages of real
estates and/or chattels in different locations covering one indebtedness, only one filing
fee corresponding to such indebtedness shall be collected. The collecting Clerk of Court
shall, apart from the official receipt of the fees, issue a certificate of payment indicating
the amount of indebtedness, the filing fees collected, the mortgages sought lo be
foreclosed, the real estates and/or chattels mortgaged and their respective locations,
which certificate shall serve the purpose of having the application docketed with the
Clerks of Court of the places where the other properties are located and of allowing the
extrajudicial foreclosures to proceed thereat (A.M. No. 99-10-05-0, August 7, 2001).
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Q: What are the requirements for the Posting and Publication in an Extrajudicial
foreclosure under Act No. 3135 and Judicial Foreclosure under Rule 68?
ANS: The requirements are the following:
POSTING AND PUBLICATION REQUIREMENTS
IN FORECLOSURE PROCEEDINGS
Posling notices of the sale for Posting for 20 days in 3 public places,
not less than 20 days in at a similar notice particularly describing
least 3 public places of the the property and stating where the
municipality or city where the property is lo be sold (ROC, Rule 39.
property is situated (Sec. 3). Sec. 15(c)).
If such property is worth more If the assessed value of the property

than P400. such notice shall exceeds P50.000. by publishing a
also be published once a I copy of the notice once a week for two
week for at least three I consecutive weeks in one newspaper
consecutive weeks in a selected by raffle, whether in English,
newspaper of general i Filipino, or any major regional
circulation in the municipality ' language published. edited and
or city (Sec. 3). | circulated or in the absence thereof,
having general circulation in Ihe
province or city (ROC. Rule 39, Sec.
15(c))_______________________
None. Act No. 3135 only It is required that written notice of the
requires: sale shall be given to the judgment
1. The posling of notices of । obligor, at least three (3) days before
sale in 3 public places, I the sale (ROC. Rule 39. Sec. 15(c)).
and
2. The publication of the ; In case of perishable property, notice
same in a newspaper of shall be given the same manner as
general circulation, unless personal service of pleadings and
otherwise stipulated. other papers as provided by RROC.
(Motrobank v. Wong. G.R. Rule 13. Sec. 6 (ROC. Rule 39. Sec.
No. 120859, 26 June 15(c))
2001).
Q: Why is publication mandatory?

ANS: Publication is required to give the foreclosure sale a reasonably wido publicity
such that those interested might attend the public sale. To allow the parties to waive
this jurisdictional requirement would result in converting into a private sale what ought lo
be a public auction (Ouano v. CA, G.R. No. 129279, March 4, 2003).
Q: What is the effect of failure to publish the notice of auction sale?

ANS: The failure to publish Ihe notice of auction sale as required by Ihe statute
constitutes a jurisdictional defect which invalidates Ihe sale (DBP v. Aguirre, G.R. No.
1-44877, September 7, 2001).
Q: When is republication required?

ANS: Republication is required when the sale is rescheduled. The publication and
posting of the notice of the rescheduled extrajudicial foreclosure sale are mandatory and
jurisdictional. The ensuing foreclosure sale held without the publication and posting of
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Volume II | Sorlon of 2020/21
the notice is void ab initio. This is because the requirements of publication and posting
emanate from public policy considerations, and are not for the benefit of Ihe parties to
the mortgage but for the public or third persons (Sps. Bautista v. Premiere Development
Bank, G.R. No. 201881, September 5, 2018).
Q: What is the exception to the rule on republication?

ANS: The form of the notice of extrajudicial sale is no?/ prescribed in Circular No. 7-
2002. The last paragraph of the prescribed notice of sale allows the holding of a
rescheduled auction sale without reposting or republication of the notice. However, the
rescheduled auction sale will only be valid if Ihe rescheduled date of auction is clearly
specified in the prior notice of sale. The absence of this information in the prior notice of
sale will render the rescheduled auction sale void for lack of reposting or republication. If
the notice of auction sale contains this particular information, whether or not the parties
agreed to such rescheduled date, there is no more need for the reposting or
republication of the notice of the rescheduled auction sale (DBP v. CA. G.R. No.
125838. June 10. 2003).
Q: When is personal notice to mortgagor required in extrajudicial foreclosure?

ANS: While personal notice lo Ihe mortgagor in extrajudicial foreclosure proceedings is
not necessary, and posting and publication will suffice, this does not preclude the parties
from stipulating otherwise. Personal notice would then be required when the same was
mutually agreed upon by the parties as additional condition of the mortgage contract
(Paradigm Development Corporation v. BPI, G.R. No 191174, June 7, 2017).
POSSESSION BY PURCHASER OF FORECLOSED PROPERTY

Q: When may the purchaser of foreclosed property apply for a writ of
possession?
ANS: The purchaser in a foreclosure sale may apply for a writ of possession:
1. In judicial foreclosure - after finality of judgment of foreclosure and of
confirmation of Ihe certificate of sale (ROC, Rule 68. Sec. 3); and
2. In extrajudicial foreclosure - after Ihe expiration of the period for
redemption, or even during Ihe redemption period (680 Home Appliances.
Inc v. CA. G.R No. 206599, September 29. 2014).
REMEDY OF DEBTOR IF FORECLOSURE IS NOT PROPER

Q: What instances would make the foreclosure improper?
ANS: The instances that would make Ihe foreclosure improper are:
1. That Ihe mortgage was not violated, meaning the debtor has not missed any
payments of his loan; or
2. Thal the foreclosure sale did not comply with Ihe procedural requirements
under Seclions 1-4 of Act No. 3135 (Cabuhat v. Development Bank of the
Philippines. G.R No. 203924. June 29. 2016).
Q: What are the remedies of the debtor if foreclosure is not proper?

ANS: The debtor may:
1. Contest the transfer of possession during the redemption period under
Section 8 of Act No. 3135, as he remains to be the owner of the foreclosed
property; or
2. Upon the lapse of the redemption period and after the purchaser
consolidates his title, the debtor contesting Ihe purchaser’s possession may
no longer avail of the remedy under Section 8 of Act No. 3135. but should
pursue a separate aclion of an action for recovery of ownership, for
annulment of mortgage and/or annulment of foreclosure (680 Home
Appliance v. CA, G.R. No.206599. September 29, 2014).
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REDEMPTION
Q: Distinguish equity of redemption from right of redemption.
ANS: Equity of redemption and right of redemption varies in the following aspects:
DISTINCTIONS BETWEEN EQUITY OF REDEMPTION
AND RIGHT OF REDEMPTION
Definition | The right Of the defendant A prerogative to rc-acquirc mortgaged

| mortgagor to extinguish the property after registration of the
g mortgage and retain foreclosure sale (Sibug v. Suba, G.R.
I] ownership of the property by No. 137792. August 12, 2003).
| paying the debt within 90 to
[ 120 days after the entry of
| judgment or even after the
1 foreclosure sale but prior to
L' . « H confirmation (Sibug v. Suba,
M G.R. No. 137792. August 12,
[ 2003).
When || In judicial foreclosure, after After the confirmation of the sale and
applicable H the entry of judgment or after registration of the certificate of sale
foreclosure sale but prior to (Act No. 3135, Sec. 6).
H confirmation sale (ROC,
|| Rule 68, Sec. 2).
Period K Period is 90 to 120 days Period is one (1) year from the dale of
S';- M after entry of judgment or registration of the certificate of sale
even after foreclosure sale (Act No. 3135, Sec. 6).
but prior to confirmation
r'A E (ROC, Rule 68, Sec. 2). ,
Governing H Rule 68 of the Rules of Sections 29 to 31 of Rule 39 of the

, Law g| Court. Rules of Court (Act No. 3135, Sec. 6).
Q: When is there a right of redemption in judicial foreclosure?

ANS: As a general rule, there is no right of redemption but only equity of redemption.
However, right of redemption is exceptionally allowed by the charter of the Philippine
National Bank (Act Nos. 2747 and 2938), and the General Banking Act
(R.A.337). These laws confer on the mortgagor, his successors in interest or any
judgment creditor of the mortgagor, the right to redeem the properly sold on
foreclosure-after confirmation by the court of the foreclosure sale-which right may be
exercised within a period of one (1) year, counted from the date of registration of the
certificate of sale in Ihe Registry of Property (Sibug v. Suba, G.R. No. 137792, August
12, 2003).
Q: Who may redeem the forclosed property in extrajudicial forclosure? (JADS)

ANS: The following persons may redeem the forclosed property:
1. gebtor;
2. His Successors in interest:
3. judicial creditor or judgment creditor of said debtor; or
4. £ny person having a lien on the property subsequent to the mortgage or
deed of trust under which the property is sold (Act No. 3135, Sec. 6).
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Q: Who may redeem the foreclosed property injudicial forclosure?

ANS: The following persons may redeem the foreclosed property in judicial
foreclosure:
1. Defendant debtor or mortgagor (Limpin v. IAC, G.R. No. 70987. April 6,
2016); or
2. Junior Encumbrancers, when they are not impleaded in the action (Sunlife
Assirance v. Diez, G R. No. 29027, October 25, 1928).
Q: How is the amount of redemption price injudicial forclosure determined?

ANS: The court shall ascertain the amount due to Ihe plaintiff upon the mortgage debt
or obligation, including interest and other charges as approved by the court, and costs,
and shall render judgment for the sum so found due and order that the same be paid to
Ihe court or to the judgment obligee (ROC. Rule 68. Sec. 2).
Q: What is the amount of redemption price in extrajudicial foreclosure?

ANS: The redemption price shall be: the purchase price with 1%per month interest
thereon in addition, up lo the lime of redemption, together with the amount of any
assessments or taxes which the purchaser may have paid Ihereon after purchase, and
interest on such last named amount al the same rate; and if the purchaser be also a
creditor having a prior lien to that of the redemptioner, other than the judgment under
which such purchase was made, the amount of such other lien, with interest (ROC.
Rule 39, Sec. 28).
Q: What is the amount of redemption price in extrajudicial foreclosure if the

mortgagee is a banking institution?
ANS: When Ihe mortgagee is a bank or a banking or credit institution, the redemption
price shall be in accordance with Sec. 47 of the General Banking Law which is the
amouni due under the mortgage deed, with interest thereon al the rale specified in the
mortgage, and all costs and expenses incurred by the bank or the institution from the
sale and custody of said property less the income derived therefrom (Sps. Guevarra v.
The Commoner Lending Corporation, G.R. No. 204672, February 18, 2015).
Q: What is the period within which the right of redemption may be exercised?
ANS: The right of redemption may be exercised within one (1) year from Ihe dale of
registration of the certificate of sale In the Register of Deeds (GE Money Bank v. Sps.
Dizon. G.R. No. 184301, March 23. 2015).
Q What is the redemption period for juridical persons on judicial foreclosure of

mortgage involving banks?
ANS: The General Banking law reduced the redemption period to three (3) months
from registration of the certificate of foreclosure sale or three (3) months after
foreclosure, whichever is earlier, if:
1. The mortgagor is □ juridical person;
2. The mortgagee is a banking or credil institution; and
3. The mode of foreclosure is extra-judicial under Act. No. 3135. as amended
(R.A. 8791. Sec. 47).
Q: What is the redemption period for natural persons on judicial foreclosure of

mortgage involving banks?
ANS: The mortgagor or debtor, who is a natural person, whose real properly has been
sold for the full or partial payment of his obligation shall have the right within one (1)
year after the sale of the real estate, to redeem the property. The one-year redemption
period should be counted from the date of the registration of the certificate of sale with
the Register of Deeds (R.A. No. 8791. Sec. 47).
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Q: What is the period within which equity of redemption may be exercised?

ANS: Equity of redemption may be exercised not less than 90 days nor more than 120
days from the entry of judgment (ROC. Rule 68, Sec. 2). The mortgagor’s of redemption
may be exercised by him even beyond the 90-day period from the date of service of Ihe
order, and even after the foreclosure sale itself, provided it be before the order of
confirmation of the sale. After such order of confirmation, no redemption can be effected
any longer (Sibug v. Suba. supra).
Q: What is the redemption period for juridical persons?

ANS: A juridical person, whose property has been sold pursuant to an extrajudicial
foreclosure shall have the right lo redeem the property but not after the registration of
the certificate of foreclosure sale with the proper Register of Deeds which in no case
shall be more than three (3) months after foreclosure, whichever is earlier (R.A. No.
8791. Sec. 47, Par.2).
Q: What is the effect of a pending action for annulment of sale to the one-year
period of redemption?
ANS: The right of redemption being statutory, the mortgagor may compel Ihe
purchaser lo sell back the property within the one-year period under Act No. 3135. If Ihe
purchaser refuses to sell, back the property, the mortgagor may tender payment to Ihe
Sheriff who conducted the foreclosure sale. Since the period of redemption is fixed, it
cannot be tolled or interrupted by the filing of cases to annul the foreclosure sale or to
enforce the right of redemption. To rule otherwise could constitute a dangerous
precedent. A likely offshoot of such a ruling is the institution of frivolous suits for
annulment of mortgage intended merely to give the mortgagor more time to redeem the
mortgaged property (Mahinay v. Dura Tire A Rubber Industries, G.R. No. 194152, June
5, 2017).
WRIT OF POSSESSION
Q: Is the issuance of the writ of possession a ministerial duty of the court after
foreclosure sale?
ANS: Yes, when the purchaser in a foreclosure sale applies for a writ of possession
during the redemption period by filing for that purpose an ex parte motion under oath
and the approval of the corresponding bond, ihe court is expressly directed lo issue Ihe
writ. That duty ot Ihe trial court to grant a writ of possession is ministerial. Such writ
issues as a matter of course upon the filing of the proper motion and the approval of Ihe
corresponding bond. No discretion is left to the trial court (Sps. Samson v. Rivera,
supra).
Q: Is hearing necessary when original mortgagee-purchaser applies for a writ of

possession?
ANS: No, if the purchaser is Ihe mortgagee during the redemption period, a writ ot
possession may issue ex parte or without hearing (Sps. Reyes v. Sps. Chung, G.R.
No.228112, September 13, 2017).
Q: Why is hearing necessary when a subsequent purchaser applies for a writ of

possession?
ANS: If Ihe purchaser is a third party who acquired the property after the redemption
period, a hearing must be conducted to determine whether possession over the subject
property is still with the mortgagor or is already in the possession of a third party holding
the same adversely lo the defaulting debtor or mortgagor (Sps. Reyes v. Sps. Chung,
supra).
H SEDAN RED BOOK
™ Volumo II | Sorina o( 2020/21
Q: When may the writ of possession issue ex parte against third persons?
ANS: As a general rule, if the third party in possession of the property does nol have
an adverse claim, the writ of possession may be issued ex parte. As an exception, once
it appears that a third party, not the debtor-mortgagor, is in possession of the properly
under a claim of title adverse to that of Ihe applicant. the ministerial duty of the court to
issue an ex parte writ of possession ceases. ROC. Rule 39, Sec. 33 provides that in an
execution sale, the possession of the property shall be given to the purchaser or last
redemptioner. unless a third party is actually holding the property adversely to the
judgment obligor (Sps. Gallen! v. Valesquez, G.R. No. 203949, April 6, 2016).
Q: What is the effect of a pending action for annulment of sale to the issuance of
the writ of possession?
ANS: It is settled that a pending action for annulment of mortgage or foreclosure sale
does not stay Ihe issuance of the writ of possession. The trial court, where Ihe
application for a writ of possession is filed, does not need to look into the validity of Ihe
mortgage or the manner of its foreclosure. The purchaser is entitled lo a writ of
possession without prejudice to the outcome of the pending annulment case (Sps.
Gatuslao v. Limsiaco-Gatuslao, G.R. No. 191540. January 21, 2015).
Q: When can a party seek for the annulment of the foreclosure sale?
ANS: Non-compliance with the statutory requirements of notice and publication would
constitute a jurisdictional defect that would invalidate the sale (Cristobal v. CA. G.R. No.
124372, March 16, 2000). The statutory requirements of posting and publication are
mandated, not for the mortgagor's benefit, but for the public or third persons. As such, it
is imbued with public policy considerations and any waiver thereon would be
inconsistent with the intent and letter of Act No. 3135 (PNB v. Nepomuceno. G.R. No.
139479, December 27, 2002).
K. PARTITION
Q: Who may file an action for partition of real estate?
ANS: A person having the right to compel the partition of real estate may file an action
for the partition of real estate (ROC, Rule 69, Sec. 1).
Q: Who shall be made defendants in an action for partition of real estate?

ANS: The plaintiffs shall join as defendants all other persons interested in the property
Q: Enumerate the matters that should be alleged in the complaint for partition. (NID)
ANS: The complaint for partition must contain the following:
1 . The Nature and extent of the plaintiffs title;
2 Join as defendants all other persons Interested in Ihe property; and
3 An adequate Description of Ihe real estate of which partition is demanded
Q: What are the two stages in an action for partition?

ANS: The following are the stages:
1. Determination of Propriety of Partition - the first stage is the determination of
whether or not a co-ownership in fact exists and a partition is proper, i.e..
not otherwise legally proscribed and may be made by voluntary agreement
of all Ihe parties interested in the property; and
2. Order for Judicial Partition - Ihe second stage commences when it appears
that the parties are unable to agree upon the partition directed by the court.
In that event, partition shall be done for the parties by Ihe court with the
assistance of not more than 3 commissioners (Dadizon v. Bernadas. G.R.
No. 172367, June 5, 2009).
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Q: What are the ways of effecting a partition?

ANS: Partition may be made:
1. By an act inter vivos or by will (CIVIL CODE, Art. 1080);
2. By agreement of the parlies: or
3. By judicial proceedings under the Rules of Court (CIVIL CODE, Art. 496)
when the parties cannot reach an agreement (Figuraciui i-Gerilla v. Vda. de
Figuration, G.R. No. 154322, August 22, 2006).
Q: What shall the court do if it finds that the plaintiff is a co-owner and a co-
ownership exists between him and the defendants and that no legal impediment
to a partition exists?
ANS: The court, upon finding that the plaintiff has a right to the partition of the real
estate, shall order the partition of the property (ROC, Rule 69, Sec. 2).
Q: What shall the parties do after the court orders a partition?

ANS: The parties may choose to partition the property among themselves by proper
instruments of conveyance. The court shall, confirm the partition so agreed upon and it
shall be recorded in the Registry of Deeds In the place in which the property is located
Q: What shall the court do if the parties fail to agree upon a partition of the
properly?
ANS: The court shall appoint nol more than 3 competent and disinterested persons as
commissioners to make the partition, commanding them to set off to the plaintiff and lo
each party in interest such part and proportion of the property as the court shall direct
Q: What may the court do with the commissioners’ report? (ARSPO)

ANS: Upon expiration of the period lo object to the report or when the parties have filed
their objections or agreement to it, the court may, upon hearing:
1. Accept the report and render a judgment in accordance with it;
2. Recommit the report lo the commissioners for further report of facts;
3. Set aside Ihe report and appoint new commissioners;
4. Accept the report in Eart and reject it in part; or
5. Make such Order and render such judgement as shall effectuate a fair and
just partition of the real estate (ROC. Rule 69, Sec. 7).
Q: What is the nature of a judgment of partition?

ANS: A judgment ordering partition with damages is final and duly appealable,
notwithstanding the fact, which petitioner seeks lo capitalize on. that further proceedings
will still have to take place in the trial court (De Mesa v. CA, G.R. No. 109387, April 25.
1994).
Q: What are the contents of a judgment in a partition and its effects if actual
partition of property is made?
ANS: If actual partition of properly is made, the judgment shall state definitely, by
metes and bounds and adequate description, the particular portion of the estate
assigned to each party. The effect of the judgment shall be to vest in each party to Ihe
action in severally the portion of Ihe estate assigned to him (ROC, Rule 69, Sec. 11).
Q: What are the contents of a judgment In a partition and its effects if the whole
property is assigned to one of the parties upon his paying to the others the sum
or sums ordered by the court?
ANS: If the whole property is assigned lo one of Ihe parties upon his paying lo the
others the sum or sums ordered by the court, the judgment shall state the fact of such
SBEDAN RED BOOK
™ Volume II | Series of 2020/21
payment and of the assignment of the real estate to ihe parly making Ihe payment, and
the effect of the judgment shall be lo vest in the parly making the payment the whole of
the real estate free from any interest on Ihe part of Ihe other parlies to the action (ROC.
Rule 69. Sec. 11).
Q: What are the contents of a judgment in a partition and its effects if the property
is sold and the sale confirmed by the court?
ANS: If Ihe property is sold and the sale confirmed by the court, the judgment shall
state the name of the purchaser or purchasers and a definite description of the parcels
of real estate sold to each purchaser, and Ihe effect of the judgment shall be to vest the
real estate in the purchaser or purchasers making Ihe payment or payments, free from
the claims of any of the parties to the action (ROC. Rule 69. Sec. 11).
Q: What rule shall apply in the partition of personal property?

ANS: The provisions on the rule on partition shall apply to partition of estates
composed of personal property, or of both real and personal property, in so far as the
same may be applicable (ROC. Rule 69. Sec. 13).
Q: When does the right to demand partition prescribe?

ANS: As a general rule, the right of action lo demand partition does not prescribe,
except where one of the interested parties openly and adversely occupies the property
without recognizing the co-ownership in which case acquisitive prescription may set in
(Capitle v. Gaban, G.R. No. 146890, June 8, 2004).
Q: What are the instances when partition could be denied? (PUKID)

ANS: Partition may be denied in the following instances:
1. An agreement to j<eep the thing undivided for a certain period of time, not
exceeding ten years, shall be valid. This term may be extended by a new
agreement;
2. A £)onor or testator may prohibit partition for a period which shall not exceed
twenty years;
3. When it is Prohibited by law (CIVIL CODE. Art. 494)-,
4. The co-owners cannot demand a physical division of the thing owned in
common, when to do so would render it Unserviceable for the use for which
it is intended (CIVIL CODE, Art. 495): or
5. Whenever the thing is essentially Indivisible and the co-owners cannot
agree that it be allotted lo one of them who shall indemnify Ihe others, it
shall be sold and its proceeds distributed (CIVIL CODE. Art. 498).
L. FORCIBLE ENTRY AND UNLAWFUL DETAINER

DEFINITION AND DISTINCTION
Q: What is an action for forcible entry?
ANS: Forcible entry is an action to recover possession of a property from the
defendant whose occupation thereof is illegal from the beginning as he acquired
possession by force, intimidation, threat, strategy or stealth (Sarmienta v. Manalite
Homeowners Association, Inc., G.R. No. 182953, October 11. 2010).
Q: What is an action for unlawful detainer?

ANS: Unlawful detainer is an action for recovery of possession from the defendant
whose possession of the property was inceptively lawful by virtue of a contract (express
or implied) with Ihe plaintiff, but became illegal when he continued his possession
despite the termination of his right thereunder (Sarmienta v. Manalite Homeowners
Association, Inc., G.R. No. 182953. October 11, 2010).
REMEDIAL LAWJI
Son Beda Law-RGCT Bar Operations Center KU
DISTINGUISH: FORCIBLE ENTRY, UNLAWFUL DETAINER, ACCION PUBLICIANA, AND

ACCION REIVIND1CATORIA
Q: What are the three kinds of possessory action on real property?
ANS: The different kinds of possessory action on real property are:
POSSESSORY ACTIONS ON REAL PROPERTY
Accfon Interdict.
Summary action for the Plenary action for the An action for the
recovefy physical recovery of the real right recovery ol
possession where the of possession where the ownership, which |
dispossession has not dispossession has necessarily includes
lagMHMra lasted for more than lasted for more than the recovery of
|mHH| one one (1) year possession (Viray v.
gHHranK (Encarnacion v. Amigo, (Serdoncitlo v. Sps. Usi. G.R. No.
G.R. No. 169793, Benolirao. G.R. No. 192846, November
^°Ptemt}Or 2006). 118328, October 8, 21. 2012).
1998).
11 is inlended to Provide It is a proceeding to It is an action

an expeditious means determine the better whereby a party
of protecting actual right of possession of claims recovery of
or ri9hl to realty independently of ownership over the
possession of property title (Valdez v. CA. G.R. property including the
v Do. Guyman, No. 132424, May 2. possession thereof
GR- N°' 186204, 2006). (Valdez v. CA,
September 2. 2015). | supra).
Q: Distinguish forcible entry from unlawful detainer.

ANS: Forcible entry differs Irom unlawful detainer in the following aspects.
FORCIBLE ENTRY DISTINGUISHED FROM UNLAWFUL DETAINER
Forcible,Entry . Jfct
The plaintiff must prove that he was The plaintiff need not have been
in prior physical possession of the in prior physical possession (Go
b-w premises until he was deprived v. Looyuko. G.R No. 196529,
thereof by the defendant (Mangaser July 01. 2013)
v. Ugay, G.R. No. 204926.
December 3, 2014).
AStO J Possession of the real property is The possession of the
Nature of unlawful from the beginning (Dela defendant is inceptively lawful
'Possession • Cruz v. Herm ano, G.R. No. 160914, but it becomes illegal by reason
March 25, 2015). of Ihe termination of his right to
Ihe possession of the property
. ■ under his contract with the
plaintiff (Santos v. Ayon, G.R.
No 137013, May 6. 2005).
As to A demand to vacate is not required As a rule, demand to vacate is
Necessity before the filing of Ihe action (Dela necessary and jurisdictional in
I of Demand Cruz v. CA, G.R. No. 139442. nature (Lanuzo v. Munoz, G.R.
December 06, 2006). No. 147372, May 27. 2004).
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™ Volume II | Serios of 2020/21
Forcible Entry UnlawfulDetainer

m Action prescribes after one (1) year Action prescribes after one year
Qi from the date of entry or taking of counted from Ihe date of last
H possession by use of force. demand to vacate or last letter
intimidation, threat or strategy. In of demand (DBP v. Canonoy.
case possession was taken through G.R. No. L-29422, September
stealth, the 1-year period may be 30. 1970).
d counted from Ihe demand to vacate
i upon learning of Ihe entry by stealth
p- (ROC. Rule 70, Sec. 1).
JURISDICTION IN ACCION PUBLIC1ANA AND ACCION REIVINDICATORIA

Q: Distinguish the jurisdiction between accion publiciana and accion
reivindicatoria with that of accion interdictal.
ACCION PUBLICIANA vs. ACCION REIVINDICATORIA
iS&cidniSaolfcianaiand
•^^êihyidlcatorla
Where the assessed value of Ihe property or Court exercises exclusive

interest therein does nol exceed P20.000 or. original jurisdiction over
in civil aclions in Metro Manila, where such cases of forcible entry and
assessed value does not exceed P50.000 unlawful detainer (B.P. 129,
exclusive of interest, damages of whatever as amended, Sec. 33(2)).
kind, attorney's fees, litigation expenses and
costs (B P 129. as amended, Sec. 33(3)).
Where Ihe assessed value of the property Court exercises appellate

involved exceeds P20.000 or for civil aclions jurisdiction over all cases
in Metro Manila, where such the value decided by MTCs (B.P. Big.
exceeds P50.000 (B.P. 129, as amended. 129, as amended. Sec. 22).
Sec. 19(2)).
WHO MAY INSTITUTE THE ACTION AND WHEN; AGAINST WHOM THE ACTION MAY
BE MAINTAINED
Q: Who may file an action for forcible entry?
ANS: The person entitled to the possession of the land or building who is deprived
thereto by way of force, intimidation, threat, strategy or stealth may file an action for
forcible entry (ROC. Rule 70. Sec. 1)
Q: Who may file an action for unlawful detainer?

ANS: The lessor, vendor, vendee or other person against whom the possession of any
land or building is unlawfully withheld after the expiration or termination of the right to
hold possession, by virtue of any contract, express or implied may file an action for
unlawful detainer (ROC. Rule 70, Sec. 1).
Q: Against whom may the action for forcible entry or unlawful detainer be
maintained?
ANS: The action of forcible entry and unlawful detainer may be maintained against the
person or persons unlawfully withholding or depriving of possession, or any person or
persons claiming under them (ROC, Rule 70. Sec. 1).
REMEDIAL LAW I
San Boda Law-RGCT Bar Operation! Conlor ■
Q: When will unlawful detainer proceedings be instituted in case of occupation by

mere tolerance?
ANS: Where defendant's entry upon the land was with the plaintiffs tolerance right
from the date and fact of entry, unlawful detainer proceedings may be instituted within
one (1) year from the demand on him to vacate as there is an implied promise on his
part to vacate upon demand (Republic v. Sunvar Realty, G.R. No. 194880, June 20,
2012).
PLEADINGS ALLOWED
Q: What are the pleadings allowed in an action for ejectment? (C3A)
ANS: Since ejectment is governed by the Rules on Summary Procedure, the only
pleadings allowed to be filed are the following:
1. Complaints;
2. Compulsory counterclaims;
3. Cross-claims pleaded in the answer; and
4. Answers thereto (Revised Rules on Summary Procedure, Sec. 3. par. (a)).
\ j i
Q: What jurisdictional facts must be alleged in a complaint for forcible entry?
ANS: It must allege that: X . •
1. The plaintiff has prior physical possession of the property; and
2. The plaintiff was deprived of his possession by force, intimidation, strategy,
threat, or stealth (ROC, Rule 70, Sec. 1).
Q: What jurisdictional facts must be alleged in a complaint for unlawful detainer?

(CIR-1)
ANS: The complaint for unlawful detainer must allege that:
1. Initially, possession of property by the defendant was by Contract with or by
tolerance of the plaintiff;
2 Eventually, such possession became Illegal upon notice by plaintiff Io
defendant of the termination of; the latter's right of possession;
3. Thereafter, the defendant Remained in possession of the property and
deprived Ihe plaintiff of the enjoyment thereof; and
4. Within one (1J year from the last demand on defendant to vacate the
property, the plaintiff instituted the complaint for ejectment (Rnmullo v.
Samahang MagkakapHbahay ng Hayonihon Compound Homeowners
Assoc., Inc., G.R. No. 180687, October 6. 2010).
Note; If the cause of action is founded upon the expiration of the lease the
one year period is reckoned from the date of such expiration (Panganibanv.
Pilipinas Shell. G.R. No. 131471. January 22, 2003)
ACTION ON THE COMPLAINT

Q: What is the effect of non-compliance with prior conciliation proceedings on the
cornplaint for ejectment?
ANS: In case conciliation is required and there is no showing of compliance with such
requirement, the case shall be dismissed. The dismissal, however, is one without
prejudice. Hence, the case may be revived but only if the conciliation requirement is
complied with (ROC Rule 70, Sec. 12).
Q: What action will the court make upon receipt of the complaint?
ANS: The court may. from an examination of the allegations of the complaint and such
evidence as may be attached, dismiss the case outright on any of the grounds for the
dismissal of a civil action apparent therein. If no ground for dismissal is found, the court
shall issue the summons (ROC, Rule 70. Sec. 5).
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1= Volume II | Sorlos of 2020/21
Q: Why is the failure to allege when the entry was accomplished or when the
respondent learned of such entry fatal In case of occupation by mere tolerance?
ANS: Failure of respondent to allege the time when unlawful deprivation took place is
fatal because this will determine the start of the counting of the one-year period for the
filing of the summary action of forcible entry. When the complaint fails to aver facts
constitutive of forcible entry or unlawful detainer, a? where it does not state how entry
was effected or how and when dispossession started, the action should either be action
publiciana or reinvindicatoria in the RTC or in the MTC depending upon the assessed
value of the property (Jose v. Alfuerto, G.R. No. 169380, November 26. 2012).
WHEN DEMAND IS NECESSARY

Q: When is demand necessary in unlawful detainer?
ANS: In case the action is for unlawful detainer, demand shall be an essential requisite
before the action may be commenced by the plaintiff. The action may be brought only
after the demand to pay or comply with the conditions of the lease and to vacate is
made and the lessee fails to do so (ROC, Rule 70, Sec. 2).
Q: When is demand not necessary in unlawful detainer?

ANS; Demand is not necessary if:
1. The action is founded upon Ihe expiration of the lease, not on the non
payment of rentals or non-compliance of the terms and conditions of the
lease (Cruz v. Sps. Christensen. G.R. No.205539, October 4. 2017); or
2. When stipulated by the parties (ROC. Rule 70. Sec. 2).
Q: What is the form of the demand in unlawful detainer?

ANS: Unless otherwise stipulated, such action by the lessor shall be commenced only
after demand to pay or comply with the conditions of the lease and to vacate is made
upon the lessee, or by serving written notice of such demand upon the person found on
the premises if no person be found thereon. (ROC. Rule 70, Sec. 2).
Note: Demand in unlawful detainer cases can be oral. The law does not require it to be
in writing (Jakihaca v. Spouses Aquino, G.R. No. 83982. January 12. 1990). It is a
jurisdictional requirement (Cetus Development Corp. v. CA. G.R. No. 77647. August 7,
1989).
PRELIMINARY INJUNCTION AND PRELIMINARY MANDATORY INJUNCTION

Q: In what case may the plaintiff ask for a preliminary injunction?
ANS: The court may grant preliminary injunction, in accordance with the provisions of
Rule 58 of the Rules of Court, to prevent Ihe defendant from committing further acts of
dispossession against the plaintiff (ROC, Rule 70. Sec. 15).
Q: When may the possessor ask for a preliminary mandatory injunction?

ANS: A possessor deprived of his possession through forcible entry or unlawful
detainer may. within five (5) days from the filing of the complaint, present a motion in the
action for forcible entry or unlawful detainer for the issuance of a writ of preliminary
mandatory injunction to restore him in his possession (ROC, Rule 70. Sec. 15).
RESOLVING DEFENSE OF OWNERSHIP

Q: What is the effect when the defendant raises the defense of ownership on the
ejectment case?
ANS: When the defendant raises the defense of ownership in his pleadings and the
question of possession cannot be resolved without deciding Ihe issue of ownership, the
issue of ownership shall be resolved only to determine the issue of possession (ROC.
Rule 70. Sec. 16).
REMEDIAL LAWB
San Ded.i taw-RGCT Oar Operations Center
Note: The assertion of the defendant of the issue of ownership over the subje
property does not divest Ihe inferior court of its jurisdiction and the summary nature
the proceedings remains (Spouses Refugia v. CA, G.R. No. 118284, July 5. 1996).
Q: Why docs the adjudication of ownership in ejectment cases not bar an actio
between the same parties involving the title to property?
ANS: Because the adjudication of ownership in that instance is merely provision
(Quijano v. Amante. G.R. No. 164277, October 8, 2014). The judgment rendered In a
action for forcible entry or detainer shall be conclusive with respect to the possessio
only and shall in no wise bind Ihe title or affect the ownership of the land or buildin
Such judgment shall not bar an action between the same parlies respecting title lo Ih
land or building (ROC, Rule 70. Sec. 18)
HOW TO STAY THE IMMEDIATE EXECUTION OF JUDGMENT

Q: What is the remedy to stay the execution of the judgment of the MTC on th
ejectment case? (PBD)
ANS: Defendant must take the following steps to stay the execution of the judgment:
1. £erfecl an appeal with the RTC by filing a timely notice of appeal with MTC
2. Within the period to appeal, file a supersedeas Bond to pay for the rent
damages and costs accruing up to Ihe time of the judgment appealed from
and
3. Deposit periodically with the RTC. during the pendency of the appeal, th
adjudged ainuunl of monthly rent due under the contract or in the absenc
thereof, the reasonable value of the use and occupation of Ihe proper
Q: What is the effect of failure to make the payments to stay the execution of t
judgment of the MTC on the ejectment case?
ANS: Should the defendant fail to make the payments above prescribed from lime
time during the pendency of the appeal, the appellate court, upon motion of the plaint
and upon proof of such failure, shall order the execution of Ihe judgment appealed fro
with lespect to the restoration o| possession, bul such execution shall nnl he a bar
the appeal taking its course until the final disposition thereof on Ihe merits (ROC, Ru
70. Sec. 19).
Q: What are the exceptions to immediate execution of judgments of MTC

ejectment cases?
ANS: Where supervening events occurring subsequent lo the judgment bring abou
material change in the situation of the parties which makes ihe execution inequitable,
where there is no compelling urgency for Ihe execution because it is not justified by I
prevailing circumstances, the court may stay immediate execution of the judgment. (C
of Naga v. Asuncion, G.R. No. 174042, July 9, 2008).
Q: Is the judgment of the RTC affirming the MTC immediately executory?

ANS: Yes. the judgment of the RTC against the defendant shall be immediate
executory, without prejudice to a further appeal that may be taken therefrom. (RO
Rule 70, Sec. 21).
Q: What remedy can be availed of to stay the immediate execution of the RT

decision in ejectment cases?
ANS: The defendant may appeal said judgment to the Court of Appeals and there
apply for a writ of preliminary injunction. Even if RTC judgments in unlawful detain
cases are immediately executory, preliminary injunction may still be granted (City
Naga v. Asuncion, G.R. No. 174042, July 9, 2008).
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“ Volumo II (Sorioaol 2020/21
PROHIBITED PLEADINGS AND MOTIONS

Q: What are the prohibited pleadings and motions in forcible entry and unlawful
detainer? (D3R2BENMICT)
ANS: The following petitions, motions, or pleadings shall not be allowed:
1. Motion to Dismiss the complaint except on the ground of lack of jurisdiction
over the subject matter, or failure to comply with referral for conciliation
2. Motion for a Bill of particulars;
3 Motion for New trial, or for reconsideration of a judgment, or for reopening of
trial;
4. Petition for Relief from judgment;
5. Motion for Extension of time lo file pleadings, affidavits or any other paper;
6 Memoranda;
7. Petition for Certiorari, mandamus, or prohibition against any interlocutory
order issued by the court;
8. Motion to Declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints; and
12. Interventions (ROC. Rule 70. Sec. 13).
M. CONTEMPT
Q: What are the kinds of contempt?
ANS: The kinds of contempt are:
1. According to nature:
a. Criminal; and
b. Civil.
2. According to Ihe manner of commission:
a Direct; and
b. Indirect or Constructive (Lorenzo Shipping Corporation v. Distribution
Management Association of the Philippines, G.R. No. 155849. August
31. 2011).
Q: Distinguish civil contempt from criminal contempt.

CRIMINAL CONTEMPT vs. CIVIL CONTEMPT
~T
f As toiNaturc i
is ■awftiar
Punitive in nature. Remedial in Nature.
| As'tdiPuf£()se| Purpose is lo preserve the Purpose is to provide a remedy for
court's authority and to an injured suitor and to coerce
punish for disobedience of compliance with an order; for the
its orders. preservation of the rights of private
persons.
Intent is necessary. Intent is not necessary.

Necesslty of I
llntent j
As to Who Stale is the real prosecutor. Instituted by the aggrieved party or

may Institute his successor, or someone who has
a pecuniary interest in the right to be
protected.
REMEDIAL LAW!
San Bedn Low-RGCT bar OporoUons Center ■
Q: Distinguish Direct Contempt from Indirect Contempt

DIRECT CONTEMPT vs. INDIRECT CONTEMPT
1
Direct Contempt Indirect Contempt
(Contempt.infacie curiae) (Constructive Contempt)
’ -I
AstoHow It is committed in the presence of It is committed out of or not in the

Committed or so near a court (ROC, Rule presence of the uuutl (Re: Etlinda
71, Scc.1). llusorio-Dildner. A.M. No. 07-11-
i. . । 14-SC. April 14, 2015) through any
of the acts enumerated under
Section 3 of Rule 71).
AstO Summary proceeding. No There is charge and hearing:
Necessity of process or evidence necessary (ROC, Rule 71. Sec. 4).
Hearing (ROC, Rule 71, Sec.1).
As to If committed against: If committed against:
Penalty 1. RTC or a court of 1. RTC or a court of equivalent'
equivalent or higher rank - or higher rank - fine not]
fine not exceeding P2.000 or exceeding P30.000 or!
1 imprisonment not exceeding imprisonment not exceeding i
!‘„ < fl 10 days or both. six (6) months or both.
!■' - ' J 2. MTC - fine not exceeding 2. MTC - fine not exceeding]
P200 or imprisonment not P50Q0 or imprisonment not;
exceeding one (1) day or exceeding one (1) month or
both (ROC, Rule 71, Sec.1). both (ROC, Rule 71, Sec. 7).
As to Certiorari or prohibition (ROC, Appeal (ROC, Rule 71, Sec. 11).
* Available Rule 71, Sec. 2).
Remedy j
Q: What acts constitute direct contempt? (DAMSOF)

ANS: The following acts constitute direct contempt:
1. Misbehavior in Ihe presence of or so near a court as to obstruct or interrupt
the proceedings before the same;
2. Disrespect towards the court;
3 Offensive personalities towards others;
4. Refusal to be Sworn or to answer as witness:
5. Refusal to subscribe an Affidavit or deposition when lawfully required (ROC.
Rule 71, Sec. 1)\ and
6. Acts of a party or counsel which constitute willful and deliberate forum
shopping (RROC, Rule 7, Sec. 5).
| SEDAN RED BOOK
M Volume II | Sorloo of 2020/21
Q: What is indirect contempt?

ANS: Indirect contempt or constructive contempt is that which is committed not in the
presence of the court. A person who is guilty of disobedience or of resistance to a lawful
order of a court or who commits any improper conduct tending, directly or indirectly, to
impede, obstruct, or degrade the administration of justice may be punished for indirect
contempt (Castillejos Consumers Association, Inc., v. Dominguez. G.R No 189949
March 25, 2015).
Q: What is the remedy of a person adjudged in direct contempt?

ANS: The person adjudged in direct contempt by any court may not appeal therefrom,
but may avail himself of the remedies of certiorari or prohibition. The execution of the
judgment shall be suspended pending resolution of such petition, provided such person
files a bond fixed by the court which rendered the judgment and conditioned that he will
abide by and perform the judgment should the petition be decided against him (ROC.
Rule 71, Sec. 2).
Q: What is the remedy of a person adjudged in indirect contempt?

ANS: The judgment or final order of a court in a case of indirect contempt may be
appealed to the proper court as in criminal cases. But execution of the judgment or final
order shall not be suspended until a bond is filed by the person adjudged in contempt, in
an amount fixed by the court from which the appeal is taken, conditioned that if the
appeal be decided against him he will abide by and perform the judgment or final order
Q: How is the proceeding for indirect contempt initiated molu proprio by the court?
ANS: The proceeding for indirect contempt is commenced by an order of the same
court or any formal charge requiring the respondent to show cause why he should not
be punished for contempt (ROC. Rule 71. Sec. 4).
Q: How is the proceeding for indirect contempt commenced by someone other

than the court?
ANS: Charges for indirect contempt shall be commenced by a verified petition with
supporting particulars and certified true copies of documents or papers involved therein,
and upon full compliance with the requirements for filing initiatory pleadings for civil
actions in the court concerned. If the contempt charges arose out of or are related to a
principal action pending in the court, the petition for contempt shall allege that fact but
said petition shall be docketed, heard and decided separately, unless the court in its
discretion orders the consolidation of the contempt charge and the principal action for
joint hearing and decision (ROC, Rule 71, Sec. 4).
Q: What are the acts that may constitute indirect contempt? (PDP-CARS)
ANS: The following acts are deemed punishable as indirect contempt:
1. Misbehavior of an officer of a court in the Performance of his official duties
or in his official transactions;
2. Disobedience or resistance to a lawful writ, process, order, or judgment or
any unauthorized intrusion to any real property after being ejected;
3. Any abuse or any unlawful interference with the Proceedings not
constituting direct contempt;
4 Any improper Conduct tending, directly or indirectly, to impede, obstruct, or
degrade Ihe administration of justice;
5. Assuming to be an attorney or an officer of the court without authority;
6. Failure to obey a §ubpoena duly served; and
7. Rescue, or attempted rescue, of a person or property in the custody of an
officer by virtue of an order or process of a court held by him (ROC. Rule 71,
Sec. 3).
REMEDIAL LAWS
San Duda Law RGCT Dor Operations Center IS
Q: When may a person guilty of contempt be imprisoned?

ANS: When the contempt consists in the refusal or omission lo do an act which is yet
in the power of the respondent to perform, he may be imprisoned by order of the court
concerned until he performs it (ROC. Rule 71, Sec. 8).
Q: What law would govern contempt committed against quasi-judicial entities?

ANS: Unless otherwise provided by law. Rule 71 of the Rules of Court shall apply lo
contempt committed against persons, entities, bodies or agencies exercising quasi
judicial functions, or shall have suppletory effect to such rules as they may have
adopted pursuant to authority granted to them by law to punish for contempt (ROC, Rule
71. Sec. 12).
Q: Where should contempt against quasi-judicial bodies be filed?

ANS: The RTC of the place where contempt has been committed shall have
jurisdiction over such charges as may be filed therefor (ROC. Rules 71, Sec. 12).
Q: What is a special proceeding?

ANS: A special proceeding is □ remedy by which a party seeks tu establish a status, a
right, or a particular fact (ROC, Rule 1, Sec. 3(c)).
Q: What rules govern special proceedings?

ANS: In the absence of special provisions, Ihe rules provided for in ordinary actions
shall be, as far as practicable, applicable in special proceedings (ROC, Rule 72, Sec. 2).
A. SETTLEMENT OF ESTATE OF DECEASED PERSONS, VENUE AND

PROCESS
Q: What are the modes of settlement of estate?
ANS: The following are the different modes of settlement of estate:
1. Extrajudicial Settlement of the Estate (ROC. Rule 74, Sec. 1);
a. Extra-judicial Settlement and/or Partition; or
b. Self-Adjudication,
2. Summary Settlement of Estate of Small Value (ROC, Rule 74. Sec. 2);
3. Judicial Setllement of Estate; and
4. Partition (ROC, Rule 69).
Q: What is the coverage of probate proceedings?

ANS: In probate proceedings, the court:
1. Orders the probate of the will of the decedent (ROC, Rule 77, Sec. 3);
2. Grants letters of administration of the parly besl entitled thereto or any
qualified applicant (ROC, Rule 79. Sec. 5)\
3. Supervises and controls all acts of administration;
4. Hears and approves claims against the estate of the deceased (ROC, Rule
86. Sec. 11)\
5. Orders payment of lawful debts (ROC. Rule 88, Sec. 11)\
6. Authorizes sales, mortgage or any encumbrance of real estate (ROC, Rule
89, Sec. 2); and
7. Directs delivery of the estate to those entitled thereto (ROC, Rule 90, Sec.
1).
BBEDAN red book
153 Volume IIJ Sorios ol 2020/21
Q: Which court has jurisdiction over settlement of estate?

ANS: The court which has jurisdiction over settlement of estate is:
1. MTC - where the gross value of Ihe estate does nol exceed P300.000. or in
Metro Manila, where gross value of the estate does not exceed P400.000;
or
2. RTC where the gross value of the estate exceeds the above stated
amounts (B.P. 129. otherwise known as "The Judiciary Reorganization Act
of 1980" as amended by R.A. 7691, Sec. 19(4) and Sec. 33(1)).
Q: What is the venue in judicial settlement of estate if the decedent is an

inhabitant of the Philippines at the time of his death?
ANS: If the decedent is an inhabitant of the Philippines al Ihe lime of his death,
whether a citizen or alien, the venue of the action shall be the court of the province, city,
or municipality where he resides al Ihe lime of his death (ROC, Rule 73, Sec. 1).
Q: What is the venue in judicial settlement of estate if the decedent is an

inhabitant of a foreign country at the time of his death?
ANS: If the decedent is an inhabitant of a foreign country at the time of his death, the
venue of the action shall be in the court of any province, city, or municipality in which he
had estate (ROC. Rule 73. Sec. I).
Q: What is the meaning of the term "resides" in relation to judicial settlement of

estate?
ANS: The term "resides" means his personal, actual, or physical habitation, his actual
residence or place of abode (Fule v. CA, G.R. No. L-40502. November 29. 1976). Il is
nol the legal residence or domicile as defined by law. Animus revertendi is not
considered (San Luis v. San Luis, G.R. No. 133743. February 6. 2007).
Q: Where shall the estate be settled upon dissolution of marriage by the death of
the deceased spouse?
ANS: When the marriage is dissolved by the death of the husband or Ihe wife, the
community properly shall be inventoried, administered, and liquidated, and the debts
thereof paid, as follows:
1. In the lesiate or intestale proceedings of Ihe deceased spouse; and
2. If both spouses have died, the conjugal partnership shall be liquidated in Ihe
testate or intestate proceedings of either (ROC. Rule 73. Sec. 2: Vita v.
Monano. G.R. No. 50553. February 19, 1991)
Q: Is there a need for prior and separate judicial declaration of presumptive death
for persons absent and unheard from before the settlement of his estate?
ANS: No. There is no need for an independent action for Declaration of Presumptive
Death for purposes of succession. Actual or presumptive death cannot be the subject of
a judicial pronouncement or declaration if it is the only question or matter involved in a
case or upon which a competent. Such declaration may be made only in connection with
the proceedings for the settlement of the estate of the alleged decedent (II REGALADO,
Compendium in Remedial Law (2008). p. 6).
Q: What is the purpose of determining the place of residence of the deceased?

ANS: The purpose of Ihe residence of the deceased is for the determination of the
venue and does nol affect the jurisdiction of the court. The place of residence of the
deceased is not an element of jurisdiction over the subject matter but merely of venue
(Cuenco v. CA, G.R. No. L-24742, October 26, 1973).
REMEDIAL LAW!
San Boda Lnw-RGCT Bar Oporations Conlor ■
Q: What is the Exclusionary Rule on Venue in cases of settlement of estate?

ANS: The court first taking cognizance of the settlement of the estate of a decedent,
shall exercise jurisdiction to the exclusion of all other courts, (ROC, Rule 73. Sec.
1). The Rule indicates that the court with whom the petition is first filed, must also first
take cognizance of the settlement of the estate in order to exercise jurisdiction over it to
the exclusion of all other courts (Cuenco v. CA, G.R. No. L-24742. October 26. 1973).
Note: The Rule on venue does not state that the court with whom the estate or
intestate petition is first filed acquires exclusive jurisdiction (Cuenco v. CA, G.R. No. L-
24742. October 26. 1973).
Q: What Is the exception to the Exclusionary Rule on Venue in cases of

settlement of estate?
ANS: The court which took first cognizance of the settlement of the estate may,
learning that a petition for probate of the decedent's last will has been presented in
another court, and that the allegation of the intestate petition before it slating that the
decedent died intestate may be actually false, decline to take cognizance of the petition
and hold the petition before it in abeyance, and instead defer to the second court which
has before it the petition for probate of the decedent's alleged last will (Cuenco v. CA.
G.R. No. L-24742, October 20, 1973). This is because testate proceedings for Ihe
settlement of the estate of a deceased person take precedence over intestate
proceedings fnr the same purpose (Uriarte v. CFI of Negros Occidcntol, G.R. Nos. L-
21938-39, May 29. 1970);
Q: What is the effect of filing an action for the settlement of estate in a court of
improper venue?
ANS: Where the proceeding was commenced with a court of improper venue, as
where Ihe decedent was neither a resident at the time of his death nor had estate
therein, and such objection was seasonably raised in the probate court, the petition
should be dismissed and the proceedings should be instituted in the proper court
(Eusebio v. Eusebio, G.R. No. 1.-8409, Dec. 28, 1956). Otherwise, Ihe venue of probale
proceeding can only be questioned on appeal (ROC, Rule 73. Sec. 1).
Note: Certiorari under Rule 65 may be resorted to if the impropriety of venue (due to
residence of the decedent, or the location of his estate) appears on record (Manzanero
v. CFI of Batangas, G.R. No. 44042, August 27. 1935).
Q: What is the extent of jurisdiction of the probate court?

ANS: It is primarily concerned with the:
1. Administration;
2. Liquidation; and
3. Distribution of the estate (Union Bank of the Philippines v. Santibafiez, G.R.
No. 149926. February 23, 2005).
Q: What is the limitation on the jurisdiction of the probate court?

ANS: The trial court, sitting as a probate court, has limited and special jurisdiction and
cannot hear and dispose of collateral matters and issues which may be properly
threshed out only in an ordinary civil action (Vda. De Manalo v. CA, G.R. No. 129242,
January 16. 2001).
Q: When may the probate court pass upon questions regarding title to property?
(IHA)
ANS: As a general rule, the question as to title to property should not be passed upon
in the testate or intestate proceedings but should be ventilated in a separate action; but
when justified by expediency and convenience, the probate court is authorized lo
determine the following:
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1. For the purpose of including or excluding properly in the Inventor/, the court
may pass upon ownership provisionally v/ithout prejudice lo its final
determination in a separate action (Reyes v. Mosqueda. G.R. No. 45262
July 23, 1990):
2. Questions of ownership may be determined when the parties interested are
all Heirs claiming title under the testator are before the court, and subject to
the jurisdiction thereof, in all matters and incidents necessary to the
complete settlement of such estate, so long as no interests of third parties
are affected (Bernardo z CA, G.R. No. L-18148. February 28. 1963): and
3. Ownership may be determined if the question is one of collation or
Advancement (Coca v. PangHinan, G.R. No. i-27082, January 31, 1978).
Q: What are powers and duties of a probate court? (LAPIS-ISPADA-DSWD)

ANS: The powers and duties of a probate court are the following:
1. To grant Letters of administration to the party best entitled thereto or to any
qualified applicant (ROC. Rule 79, Sec. 5):
2. To issue warrants and process necessary to compel the Attendance of
witnesses or to carry into effect their orders and judgments, and all other
powers granted them by law (ROC. Rule 73. Sec 3):
3. To order the Probate of the will of the decedent (ROC, Rule 76, Sec. 13):
A. To issue a warrant lor the apprehension and Imprisonment of a person who
does not perform an order or judgment rendered by a court in the exercise
of its probate jurisdiction, until he performs such order or judgment, or is
released (ROC, Rule 76, Sec. 13).
5. To Supervise and control all acts of administration (De I.eon v. CA, G.R. No.
128781, August 6, 2002):
6. Matters Incidental or collateral to the settlement and distribution of the
estate, such as the determination of the status of each heir and whether
property included in the inventory is the conjugal or exclusive property of the
deceased spouse (Aranas v. Mercado. G.R. No. 156407, January 12, 2014):
7. To approve the Sale of properties of a deceased person by his prospective
heirs before final adjudication (Romero v CA. G. R. No. 188921. April 18.
2012):
8. To order the Payment of lawful debts (ROC, Rule 88, Sec. 11):
9. To hear and Approve claims against the estate of the deceased (ROC, Rule
86. Sec. 11):
10. To Direct the delivery of the estate lo those entitled thereto (ROC. Rule 90.
Sec. 1);
11. To Authorize the sale, mortgage or any encumbrance of real estate (ROC.
Rule 89, Sec. 2):
12. To determine who arc the heirs of the Decedent,
13. To determine the Status of a woman claiming to be Ihe legal wife of the
decedent;
14. To pass upon the validity of a Waiver of hereditary rights; and
15. To determine the legality of Disinheritance of an heir by the testator
(Romero v. CA, G.R No 188921. April 18. 2012).
B. SUMMARY SETTLEMENT OF ESTA TES

Q: What are the requirements in order that the heirs may extrajudicially settle the
estate?
ANS: The heirs, by agreement, may extrajudicially settle the estate of the decedent if:
1. The decedent left:
a. No will; and
b. No debts, or if there are any, these debts have been paid by Ihe heirs
al (he lime (he extrajudicial settlement is entered inlo; and
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2. The heirs are all of age, or the minors are represented by their judicial or
legal representatives duly authorized for the purpose (ROC, Rule 74, Sec.
V-
Q: When does the presumption that the decedent left no debts arise?
ANS: If no creditor filed a petition for letters of administiatior.i within two (2) yeais alter
the death of the decedent, it shall be presumed that the decedent left no debts (ROC,
Rule 74. Sec. 1).
Q: What is the procedure in extrajudicial settlement of the estate by the heirs?

(PRB-PN)
ANS: The procedure for a valid extrajudicial settlement of the estate by the heirs shall
be as follows:
1. Division of estate must be in a Public instrument or by means of an affidavit
of self-adjudication in the case of a sole heir;
2. Filing of the public instrument or affidavit with proper Registry of Deeds;
3. Filing of the Bond from each or a joint bond from all; and
4. Publication of the extrajudicial settlement and such other hjptice to
interested persons as ihe court may direct, in a newspaper of general
circulation in the province once a week for three (3) consecutive weeks
Q: What is the remedy if the heirs disagree on the division of the estate?
ANS: The remedy is to file a special civil action for partition as provided for by Rule 74,
Sec. 1 of the Rules of Court. The said provision, however, does not preclude the heirs
from instituting administration proceedings even if the estate has no debts or
obligations, if they do not desire to resort, for good reasons, to an ordinary action for
partition (Rodriguez v. Tan, G.R. No. L-6044, November 24, 1952).
Q: When may the court require posting of bond before it allows partition In
accordance with summary settlement of estate?
ANS: The court may require the distributees to file a bond, before allowing a partition in
accordance with summary settlement of estates, if property other than real is to be
distributed. The bond shall be in an amount fixed by the court and conditioned upon the
payment of just claims under Sec. 4 of Rule 74 (ROC, Rule 74. Sec. 3).
Q: What is the remedy of an heir or other person who has been deprived of his
lawful participation in the estate?
ANS: Persons who have participated or taken part or had notice of the extrajudicial
partition may object thereto at any time within two years after the settlement and
distribution of an estate if such heir or other person has been unduly deprived of his
lawful participation in the estate or there are debts outstanding against the estate which
have not been paid (ROC. Rule 74, Sec. 4; Cua v. Vargas. G.R. No. 156536, October
31, 2006).
Q: Who shall not be bound by the extrajudicial settlement of estate of the

deceased?
ANS: The extrajudicial settlement shall not be binding upon any person who has not
participated therein or had no notice thereof (ROC, Rule 74, Sec. 1). A deed of
extrajudicial partition executed without including some of the heirs, who had no
knowledge of and consent to the same, is fraudulent and vicious (Pedrosa v. CA, G.R.
No. 118680, March 5. 2001).
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Q: What is the remedy in case the Extrajudicial Settlement is void?

ANS: The remedy is to file a complaint for partition under Rule 69 since the
extrajudicial settlement is void, and the property is reverted back to its previous slate
which is: that it is part of the estate of the deceased and as such, the estate is deemed
undivided among the heirs (ReiUo v. San Jose. G.R. No. 166393, June 18, 2009).
Q: What is the exception to the two-year proscription period for filing the claims
against the settlement and distribution of estate absolute?
ANS: If on the date of the expiration of the period of two (2) years after the settlement
and distribution of an estate the person authorized to file a claim is a minor or mentally
incapacitated, or is in prison or outside Ihe Philippines, he may present his claim within
one (1) year after such disability is removed (ROC, Rule 74, Sec. 5).
Q: What is an affidavit of self-adjudication?

ANS: An affidavit of self-adjudication is an affidavit required In he executed by the sole
heir of a deceased person in adjudicating to himself the entire estate left by the
decedent It is filed in the Register of Deeds (ROC, Rule 74. Sec. 1)
Q: What is summary settlement of estate of small value?

ANS: Summary settlement of estate of small value is a summary proceeding for the
settlement of the estate of a decedent who dies testate or intestate, whenever the gross
value of the estate does not exceed P10,000. In this summary proceeding, the court
does not need to appoint an administrator or executor (ROC. Rule 72, Sec. 2).
Q: When is summary settlement of estate of small value allowed? (GD-PNB)

ANS: The court may summarily settle the estate, provided the following requirements
are met:
1. The application must contain an allegation of the Gross value of the estate
which does nol exceed P 10,000;
2. A Date of hearing shall be set by the court not less than one (1) month nor
more than three (3) months from the date of last publication of the notice of
such hearing;
3. There shall be an order of hearing Published once a week for three (3)
consecutive weeks in a newspaper of general circulation in the province;
4. Notice shall be served upon such interested persons as the court may
direct; and
5. If personal property is to be distributed, a Bond in an amount fixed by the
court shall be executed conditioned upon the payment of any just claims
Q: What are the distinctions between Extrajudicial Settlement of estate and

Summary Settlement of the Estate?
ANS: The distinctions between an extrajudicial and summary settlement of estate are
the following:
EXTRAJUDICIAL SETTLEMENT v. SUMMARY SETTLEMENT
Extrajudicial Settlement Summary Settlement
As to Necessity No court intervention required. Judicial adjudication, although
of Court in a summary proceeding.
Intervention
As to the Value Value of the estate is Gross value of the eslate must
of the Estate immaterial. not exceed P10.000.
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I ■ ■'. ' . ' . ' 1 ■Extrajudjcial (Settfeffient ufhmary ttlemm
j
As to Scope
As to
Applicability
vis-a-vis the
I Allowed
succession.
only In intestate Allowed In both testate and
intestate succession.
Tl.t re must be no outstanding Available even if there are
det ts of the estate at the time of debts; it is the court which will
set lement. make a provision for its
’ Existence of: payment.
i____ j£ebts
j As to Who Ma
•y Re sorted at the instance of and May be instituted by any
Institute by agreement of all heirs. interested party even by a
creditor of the estate without
_____________ _ the consent of all heirs.
As to Amount Amount of bond is equal to the Amount of bond is to be
aS value of personal property. determined by Ihe court.
AstoWhore
Bond Filed 1 Bond is filed with the Register of
Deeds.
Bond is filed with the court.
(DE LEON AND WILWAYCO. Special Proceedings: Essentials For Bench And Bar
(2015), p. 37-38)
Q: What are the remedies of an unpaid creditor after extrajudicial settlement of

estate?
ANS: If the excluded parly is an unpaid creditor of the estate, his remedies are:
1. To institute a claim by proceeding against the bond within two (2) years alter
the distribution and settlement of the estate of the deceased (ROC, Rule 74.
Sec. 4) After the lapse of the two-year period, the creditor may no longer
proceed against Ihe bond, but can institute an ordinary action against the
684istributes within Ihe statute of limitations (REGALADO, supra at p. 23);
2. To file a Petition fur Letters of Administration and file an action to annul a
deed of extrajudicial settlement on the ground of fraud within four (4) years
from Ihe discovery of fraud (REGALADO, supra at p. 23); and
3. To institute a claim by proceeding against the real estate belonging to Ihe
deceased, notwithstanding any transfers of real estate that may have been
made (ROC, Rule 74. Sec. 4).
Q: What are the remedies of an excluded heir after extrajudicial settlement of

estate?
ANS: The remedies of an excluded heir after extrajudicial settlement of estate are as
follows:
1. Within two (2) years:
a. Compel settlement of the estate if an heir or other person has been
unduly deprived of his lawful participation in the estate, or
b. File a claim against the bond or Ihe real estate or both if there are
unpaid debts (Sec. 4).
2. Rescission in case of preterilion of compulsory heir in partition tainted with
bad faith (CIVIL CODE, Art. 1104);
3. Reconveyance of real property;
Note: An heir deprived of one's share because of non-participation may file
an action for reconveyance within 10 years, which is based on an implied or
constructive trust (Teves v. CA. GR No. 109963, October 13, 1999).
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4. Action to annul a deed of extrajudicial settlement on the ground of fraud

which should be filed within four (4) years from the discover/ of fraud; or
5. Petition for Relief on the ground of (FAME) - Fraud, Accident, Mistake,
Excusable negligence - 60 days after the petitioner learns of the judgment,
final order or other proceeding to be set aside, and not more than six (6)
months after such Judgment or final order was entered (ROC. Rule 3B).
C. PRODUCTION AND PROBA TE OF WILL

Q: What is the nature of probate proceedings?
ANS: Probate proceedings are:
1. In rem - the judgment therein is binding against the whole world (Vda. de
Kilayko v. Tengco, G.R. No. L-45425, March 27, 1992);
2. Mandatory - no will shall pass either real or personal property unless it is
proved and allowed in the proper court (ROC, Rule 75. Sec. 1);
3. Not subjecl to estoppel - Ihe presentation and probate of the will is required
by public policy. It involves public interest (Fernandez v. Dimagiba, G.R. No.
L-23638, October 2. 1967); and
4. Imprescriptible - it is required by public policy and the state could not have
intended to defeat the same by applying thereto the statute of limitation of
action (Guevara v. Guevara. G.R. No. L-5405, January 31. 1956).
Q: What arc the issues that may be resolved by the probate court?
ANS: As a general rule, courts in probate proceedings are limited to pass only upon
the extrinsic validity of the will sought to be probated. Thus, the court merely inquires on:
1. The due execution of the will;
2 Compliance with the formalities prescribed by law: and
3. The testamentary capacity of the testator (Reyes v. CA. G.R. No. 124099.
October 30. 1997).
Q: When may the probate court pass upon the intrinsic validity of the will? (PAEA)
ANS: As an exception to Ihe general rule, the probate court may pass upon the
intrinsic validity of the will in the following instances:
1. Practical considerations demanded it as when there is preterition of heirs or
the testamentary provisions are of doubtful legality;
2. Where the parlies Agree that the intrinsic validity be first determined;
3. Under Exceptional circumstances as when the situation constrains the
probate court to do so and pass upon certain provisions of the will; or
4. When the defect of Ihe will is Apparent on its face and the probate of the will
may become useless ceremony if it is intrinsically invalid (Reyes v. CA, G.R.
No. 124099, October 30. 1997).
Q: Who may file a petition for the allowance of a will? (EDIT)

ANS: The following persons may file a petition for the allowance of a will:
1. The Executor named in the will;
2. The Devisee or legatee named in the will;
3. Any other person Interested in the estate: or
4. The Testator himself during his lifetime (ante-mortem probate) (ROC. Rule
76, Sec. 1).
Q: Who are entitled to notice of the probate proceedings?

ANS: The designated or known heirs, legatees and devisees, residing in Ihe
Philippines, and the executor or co-execulor if such places of residence be known shall
be entitled to notice of probate. If the testator asks for the allowance of his own will,
notice shall be sent only to his compulsory heirs (ROC, Rule 76. Sec. 4).
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Q: What Is the effect of the failure to send notice to the heirs despite the court's
knowledge of the place of their residence?
ANS: Where the names of the heirs and their residences are known, notice of the
hearing of the petition in accordance with Sec. 4, Rule 76 is mandatory and such
requirement cannot be satisfied by mere publication. The omission constitutes a
reversible error for being constitutive of grave abuse of discretion (De Aranz v. Gating,
GR Nn 77047. May 28. 1988).
Q: What is the effect of the heirs' failure to receive notice because of their refusal
to give their address or of their giving the wrong address?
ANS: If the true residence of petitioners is not known to the court, then notice upon
them individually was not necessary. Under Section 4 of Rule 76. individual notice upon
heirs, legatees and devisees is necessary only when they are known or when their
places of residence are known. In other instances, such notice is not necessary and Ihe
court may acquire and exercise jurisdiction simply upon the publication of the notice in a
newspaper of general circulation (Joson v. Nable, G.R. No. L-3450. Sept. 19, 1950).
Q: Within what period should the notice to probate proceedings be made?

ANS: If the notice is sent by mail, it must be made 20 days before the hearing. If the
notice is by personal service, It must be made 10 days before the hearing (ROC, Rule
76. Sec. 4).
D. ALLOWANCE OR DISALLOWANCE OF WILL

1 * I
Q: What are the contents of a petition for the allowance of a will? (JN-VLC)
ANS: A petition for the allowance of a will must show, so far as known to the petitioner:
1. The Jurisdictional facts;
2. The Name, ages,, and residences of the heirs, legatees, and devisees of the
testator or decedent;
3. The probate Value and character of the property of the estate;
4. The name of the person for whom Letters are prayed; and
5. If the will has not been delivered to the court, the name of the person having
Custody of it (ROC, Rule 76, Sec. 1).
Q: What are the jurisdictional facts required to be alleged in the petition for
probate of a will?
ANS: The jurisdictional facts required to be alleged in the petition for probate of a will
are the following:
1. The fact of death of a decedent (Palaganas v. Palaganas, G.R. No. 169144,
January 26, 2011);
2. His residence al the time of his death In the province where the probate
court is sitting, or if he is an inhabitant of □ foreign country, the estate he left
in such province (Palaganas v. Palaganas, G.R. No. 169144, January 26,
2011); and
3. The gross value of the estate (Frianela v. Banayad, Jr., G.R. No. 169700,
July 30. 2009).
Q: What is the effect of allowance of the will?

ANS: The allowance of the will and its consequent probate decree finally and
definitively settles all questions concerning:
1. Capacity of the testator;
2. The proper execution; and
3. Witnessing of his last will and testament irrespective of whether its
provisions are valid and enforceable or otherwise (Fernandez v. Dimagiba.
G.R. Nos. L-23638 and L-23662. October 12. 1967).
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Q: What are the grounds for the disallowance of a will? (ExITUS)

ANS: The will shall be disallowed in any of the following cases:
1. If not Executed and attested as required by law;
2. If the testator was Insane, or otherwise mentally incapable to make a will, at
the time of its execution;
3. If it was executed under duress, or the Influence of fear, or £hreats;
4. If it was procured by Undue and improper pressure and influence, on the
part of the beneficiary, or of some other person for his benefit; or
5. If the Signature of the testator was procured by fraud or trick, and he did not
intend that the instrument should be his will at the time of fixing his signature
(ROC, Rule. 76, Sec. 9; CIVIL CODE, Art. 839).
Q: What is the effect of the presence of any of the grounds for the disallowance of
the will?
ANS: The presence of any of the grounds for the disallowance of the will renders the
will void and not merely voidable (BALANE, Jottings and Jurisprudence in Civil Lav/ 200
(2002)).
Q: What Is the remedy of the aggrieved party in the allowance/disallowance of the

will?
ANS; The remedy of the aggrieved party Is lo file an appeal from the judgment allowing
or disallowing the will. Where no timely appeal is filed, the probate decree becomes final
and conclusive and appellate courts may no longer revoke said decree nor review the
evidence on which it is made lo rest (Fernandez v. Dimagiba. G.R. Nos. L-23638 and L-
23662, October 12. 1967).
Q: What is reprobate?
ANS: Reprobate is Ihe re-aulhenticalion of a will already probated and allowed in a
foreign country. This is specifically governed by Rule 77 of the Rules of Court. In
reprobate, the local court acknowledges as binding the findings of the foreign probate
court provided its jurisdiction over the mailer can be established (Palaganas v.
Palaganas, G.R. No. 169144. January 26. 2011).
Q: Why is reprobate necessary for the distribution of the testator's property

located in the Philippines?
ANS: Reprobate is necessary because the two proceedings are separate and
independent, the foreign proceedings being Ihe domiciliary or principal administration
while the Philippine proceedings are only ancillary administration. The reason for the
ancillary administration is that, a grant of administration does not ex proprio vigore, have
any effect beyond Ihe limits of the country in which it was granted. Hence. Rule 77, Secs
1-3 of the Rules of Court requires that before a will duly probated outside of the
Philippines can have effect here, it must first be proved and allowed before the
Philippine courts, in much Ihe same manner as wills originally presented for allowance
therein (Collector of Internal Revenue v. Fisher, G.R. No. L-11622, L-11668, January
28, 1961).
Q: May a will not yet probated abroad be allowed in the Philippines?

ANS: Yes. Our laws do not prohibit the probate of wills executed by foreigners abroad
although the same have not as yet been probated and allowed in the countries of their
execution. A foreign will can be given legal effects in our jurisdiclion. Article 816 of
Ihe Civil Code states that the will of an alien who is abroad produces effect in the
Philippines if made in accordance with Ihe formalities prescribed by the law of Ihe place
where he resides, or according to Ihe formalities observed in his country (Palaganas v.
Palaganas. G.R. No. 169144, January 26, 2011).
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Q: What are the matters to be resolved in case of reprobate of a will?

ANS: The matters to be resolved in case of reprobate of a will are the following:
1. The due execution of the will in accordance with Ihe foreign laws;
2. The testator has his domicile in the foreign country and not in the
Philippines;
3. The will has been admitted to probate in such country;
4. The fact that the foreign tribunal is a probate court, and
5. The laws of a foreign country on procedure and allowance of wills (Vda. de
Perez v. Tolcte, G.R. No. 76714, June 2, 1994).
Q: What is the effect of the allowance of a will in a reprobate proceeding?

ANS: The allowance of a will in a reprobate proceeding shall have the following effect:
1. The will shall have the same effect as if originally proved and allowed in
such court (ROC, Rule 77, Sec. 3);
2. Letters testamentary or administration with a will annexed shall extend to all
estates in the Philippines (ROC, Rule 77, Sec. 4)\ and
3. After payment of just debts and expenses of administration, the residue of
the estate shall be disposed of as provided by law in cases of estates in the
Philippines belonging to persons who are inhabitants of another stale or
country (ROC, Rule 77, Sec. 4).
E. LETTERS TESTAMENTARY AND OF ADMINISTRATION

Q: When will letters testamentary be issued?
ANS: When a will has been proved and allowed, the court shall issue letters
testamentary thereon to the person named as executor therein, subject to the following
conditions:
1. He is competent;
2. Accepts the trust; and
3. Gives bond as required by these rules (ROC, Rule 78. Sec. 4).
Q: When may the probate court issue letters of administration?

ANS: The probate court may issue letters of administration if:
1. No executor is named in the will;
2. The executor or executors named therein are:
a. Incompetent;
b. Refuse the trust; or
c. Fail to give bond; or
3. A person dies Intestate (ROC, Rule 78. Sec. 6).
Q: What is the order of preference in granting letters of administration?

ANS: The letters of administration shall be granted to the folli>/ing persons in order of
preference:
1. To the surviving husband or wife, as the case may be. or next of kin, or
both, in the discretion of the court, or to such person as such surviving
husband or wife, or next of kin. requests to have appointed, if competent
and willing to serve;
2. If such surviving husband or wife, as the case may be, or next of kin, or the
person selected by them, be incompetent or unwilling, or if the husband or
widow, or next of kin. neglects for 30 days after the death of the person lo
apply for administration or to request that administration be granted to some
other person, it may be granted to one or more of the principal creditors, if
may be granted to one or more of the principal creditors, if competent and
willing to serve; and
3. If there is no such creditor competent and willing to serve, it may be granted
to such other person as the court may select (ROC. Rule 78, Sec. 6).
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Q: Why is the order of preference not absolute?

ANS: The order of preference is nol absolute for it depends on the attendant facls and
circumstances of each case. Jurisprudence has long held that the selection of an
administrator lies in the sound discretion of the trial court. In the appointment of an
administrator, the principal consideration is the interest in the estate of the one to be
appointed (Suntay III v. Cojuangco-Suntay, G.R. No. 183053. June 15, 2010).
Q: Who may oppose the issuance of letters testamentary?

ANS: Any person interested in the will may state in writing the grounds why letters
testamentary should not issue to the persons named therein as executors, or any of
them (ROC. Rule 79. Sec. 1).
Q: Who may be considered as a person interested in the will?

ANS: An interested person is one who would be benefited by the estate such as an
heli, or one wliu has a claim against the estate, such as □ creditor; his interest is
material and direct, and not one that is only indirect or contingent (Vda de Chua v. CA,
G.R. No. 116835. March 5. 1998).
Q: Can a petition for administration be simultaneously filed with the opposition to

issuance of letters testamentary?
ANS: Yes. A petition may. at the same time, be filed for letters of administration with
the will annexed (ROC. Rule 79, Sec. 1).
Q: What are the general powers and duties of executors and administrators?
(PExMAN)
ANS: The executor or administrator shall have the following powers and duties:
1. To Examine and make invoices of the property belonging to the partnership
in case of a deceased partner (ROC. Rule 84. Sec. 1);
2. To have Access to. and examine and take copies of books and papers
relating to the partnership in case of a deceased partner (ROC. Rule 84,
Sec. 1):
3. To lyjaintain in tenanlable repair, the houses and other structures and
fences belonging to the estate, and deliver the same in such repair to the
heirs or devisees when directed lo do so by the court (ROC, Rule 84. Sec.
2); and
4. To Possess and manage Ihe real as well as personal estate of the
deceased so long as it is necessary for the payment of Ihe debts and the
expenses of administration (ROC, Rule 84, Sec. 3): and
5. All the powers Necessary for administration of the estate, which he can
exercise without leave of court (2 REGALADO, supra, at 65).
Q: What is the general limitation on the powers of an executor or administrator of

an estate? (PEAS)
ANS: The executor or administrator cannot:
1 Profit by the increase or suffer loss by the decrease in the value of the
property under administration (ROC. Rule 85. Sec. 2):
2. Enter into any transaction involving the estate without any prior approval of
the court, when the estate of the deceased is already the subject of a testate
or intestate proceeding (Estate of Olave v. Reyes. G.R. No. L-29407, July
29. 1983);
3. Acquire by purchase, even at public or judicial auction, either in person or
through mediation of another, the property of the estate under administration
(CIVIL CODE. Ad. 1491):
4. Exercise acts of Strict ownership without court approval (Visaya. v.
Suguitan. G.R. No. L-8300, November 18, 1955).
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Q: Who is a special administrator?

ANS: A special administrator is a representative of a decedent appointed by the
probate court to care for and preserve his estate until an executor or general
administrator is appointed. When appointed, a special administrator is regarded not as a
representative of the agent of the parties suggesting the appointment, but as the
administrator in charge of the estate, and, in fact, as an officer of the court. As such, he
is subject to the supervision and control of the probate court and is expected to work lor
the best interests of the entire estate, especially its smooth administration and earliest
settlement (Heirs of Castillo v. Lacuata-Gabriel, G.R. No. 162934. November 11. 2005).
Q: What are the grounds for the appointment of a special administrator?

ANS: The court may appoint a special administrator to take possession and charged
the estate:
1. When there is a delay in granting letters testamentary or of administration by
any cause including an appeal from the allowance or disallowance ol a will
(ROC, Rule 80, Sec. 1) . or
2. If the executor or administrator has a claim against the estate he represents,
the court shall appoint a special administrator for the adjustment of Ihe claim
Q: Is there a need to appoint a special administrator pending appeal from the

appointment of a regular administrator?
ANS: No. Where the order of the court appointing a new administrator in substitution ol
the original administrator is pending appeal, and in the absence of any order for Ihe
immediate execution of the order of substitution, the old administrator has the right lo
continue as such until the appeal is finally disposed of (Relucio v San Jose, G R. No. L-
4783, May 26, 1952).
Q: What are the powers and duties of a special administrator? (CoP3S)

ANS: A special administrator has the following powers and duties:
1. To take possession and charge of the goods, chattels, rights, credits, and
estate of the deceased:
2. To Preserve such goods, chattels, rights, credits, and estate of Ihe
deceased for ihe executor or administrator afterwards appointed;
3. To Commence and maintain suits as administrator;
4. To Sell only such perishable and other property as the court orders sold;
and
5. To Pay any debts of the deceased only as ordered by the court (ROC, Rulo
80, Sec. 2).
Q: What are the grounds for the removal of an executor or administrator?

(PARIS-U)
ANS: The court may remove an executor or administrator if he:
1. Neglects to Render his account (within one year and when required by Ihe
court);
2. Neglects to Settle the estate according to law;
3. Neglects to Perform an order or judgment of the court or a duty expressly
provided by the rules;
4. Absconds;
5. Becomes Insane; or
6. Becomes incapable or Unsuitable to discharge the trust (ROC, Rule fl?.
Sec. 2).
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F. CLAIMS AGAINST THE ESTATE
Q: Distinguish ''claims which do not survive death of decedent" and "actions

which survive the death of decedent"
ANS: Claims which do not survive death of decedent refer to money claims contracted
before the decedent's death and thus may be claimed against Ihe estate. It has
reference to such debts or demands against the decedent as might have been enforced
against him in his lifetime by personal actions for recovery of money; and upon which
only a money judgment could have been rendered (DE LEON & WILWAYCO, supra at
p. 128). On the other hand, actions which survive the death of decedent refer to actions
lo recover real or personal property, or an interest therein, from the estate, or to enforce
a lien thereon, and actions lo recover damages for an injury to person or property, real
or personal (ROC, Rule 87. Sec. 1).
□: What money claims against the decedent must be filed under the notice issued
by the court? (CFSJ)
ANS: The money claims against the decedent which must be filed under the notice
issued by the court are the following:
1. All claims for money against the decedent, arising from Contract, express or
implied, whether the same be due. not due. or contingent;
2. All claims for Funeral expenses;
3. All claims for expenses for the last Sickness of the decedent; and
4. Judgment for money against the decedent (ROC. Rule 86. Sec. 5).
Q: When should a money claim be filed?

ANS: A money claim should be filed within the time stated in the notice, which the
probate court shall issue immediately after granting letters testamentary or of
administration, in the office of the clerk of the probate court (ROC. Rule 86, Sec. 1).
Such lime shall not be more than 12 nor less than six (6) months after the date of Ihe
first publication of the notice (ROC. Rule 86, Sec. 2). This period is also known as the
statute of non-claims (Sikat v. Vda. de Villanueva, G.R. No 35925, November 10.
1932).
Q: What is the statute of non-claims?

ANS: The statute of non-claims is embodied in Section 5 of Rule 86 of the Rules of
Court in fixing the period for the filing of claims against the estate of the decedent. Its
purpose is lo settle the affairs of the estate with dispatch, so that the residue may be
delivered to the persons entitled thereto without their being afterwards called upon to
respond in actions for claims, which, under the ordinary statute of limitations, have not
yet prescribed (Sikat v. Vda de Villanueva. G.R. No. 35925, November 10. 1932).
Q: What is the effect if a money claim is not filed within the statue of non-claims?
ANS: As a general rule, failure to file within the lime staled in Ihe notice shall bar the
claim forever (ROC. Rule 86. Sec. 5).
Q: What are the exceptions to the rule that a money claim not filed within the
statute of non-claims is barred forever?
ANS: In the following cases, a money claim can slill be filed even beyond the period
stated in the notice:
1. Tardy claim - at any time before an order of distribution is entered, on
application of a creditor who has failed lo file his claim within the statue of
non-claims, the court, may, for cause shown and on such terms as are
equitable, allow such claim to be filed within a time not exceeding one (1)
month from the order of the courl allowing the filing of such particular claim
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2. Counterclaim - where an executor or administrator commences an action,

or prosecutes an action already commenced by the deceased in his lifetime,
the debtor may set forth as counterclaims the claims he has against the
decedent (ROC, Rule 86, Sec. 5).
Q: Why does the statute of non-claims prevail over the statute of limitation wilh
respect to claims against the estate?
ANS: The object of the law in fixing a definite period within which claims must be
presented is to insure the speedy settling of the affairs of a deceased person and the
early delivery of the property of the estate into the hands of the persons entitled lo
receive it. It is distinctly against the interests of justice and in direct opposition to the
policy of the law to extend unduly the time within which estates should be administered
and thereby to keep the property from the possession and use of those who are entitled
to it (In Re: Estate of De Dios, G.R. No. L-7940, March 27. 1913).
Q: What is the rule with respect to claims of executor or administrator against the
estate he represents?
ANS: If the executor or administrator has a claim against the estate he represents, he
shall give notice thereof, in writing, to the court, and the courl shall appoint a special
administrator, who shall, in the adjustment of such claim, have the same power and be
subject lo the same liability as the general administrator or executor in the settlement of
other claims. The court may order the executor or administrator to pay lo the special
administrator necessary funds lo defend such claim (ROC. Rule 86. Sec. 8).
Q: When is the executor or administrator obliged to pay the debts in full?

ANS: If, after hearing all the money claims against the estate, and after ascertaining
the amount of such claims, it appears that there are sufficient assets to pay the debts,
the executor or administrator shall pay the same within the lime limited for that purpose
Q: How are the money claims and expenses paid If the testator makes provision
by his will or designates the estate to be appropriated?
ANS: If the testator makes provision by his will, or designates the estate lo be
appropriated for the payment of his debts, the expenses of administration, or the family
expenses, they shall be paid according to the provisions of the will; but if the provision
made by Ihe will or the estate appropriated, is not sufficient for that purpose, such part
of the estate of the testator, real or personal, as is not disposed of by will, if any, shall be
appropriated for that purpose (ROC, Rule 88. Sec. 2).
Q: What is the order of preference In the disposition of property of the estate for
the payment of debts and expenses?
ANS: The manner by which the property of the deceased shall be disposed of in order
to pay the debts or expenses, shall be as follows:
1. The personal estate of the deceased not disposed of by will shall be first
chargeable with the payment of debts and expenses;
2. If said personal estate is not sufficient for that purpose, or its sale would
redound to the detriment of the participants of the estate, the whole of the
real estate not disposed of by will, or so much thereof as is necessary, may
be sold, mortgaged, or otherwise encumbered for that purpose by Ihe
executor or administrator, after obtaining the authority of the court therefor;
and
3. Any deficiency shall be met by contributions from devisees, legatees, or
heirs who have entered into possession of portions of the estate before the
payment of debts and expenses (ROC. Rule 88. Sec. 3).
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Q: What is the liability of devisees, legatees, or heirs if they enter into the
possession of portions of the estate before the debts and expenses have been
paid?
ANS: Where devisees, legatees, or heirs have entered into possession of portions of
the estate before the debts and expenses have been settled and paid, and have
become liable to contribute for the payment of such debts and expenses, the court
having jurisdiction of the estate may. by order for that purpose, after hearing, settle the
amount of their several liabilities, and order how much and in what manner each person
shall contribute, and may issue execution as circumstances require (ROC. Rule 88. Sec.
6).
Q: What is the order of payment if the estate is insolvent?

ANS: If Ihe assets which can be appropriated for the payment of debts are not
sufficient for that purpose, the executor or administrator shall pay the debts against Ihe
estate, observing Ihe provisions of Articles 1059 on Executors and Administrators and
Arts. 2239 to 2251 on Preference of Credits of the Civil Code (ROC. Rule 88. Sec. 7).
Q: When does a creditor having contingent claim against the estate entitled to
payment for such claim?
ANS: If such contingent claim becomes absolute and is presented to the court, or to
the executor or administrator, within two (2) years from Ihe time limited for other
creditors to present Iheir claims, the creditor shall receive payment to the same extent
as the other creditors, provided
1. The contingent claim is allowed by Ihe court if nol disputed by the executor
or administrator, and, if disputed, it may be proved and allowed or
disallowed by the court as the facts may warrant; and
2. The estate retained by the executor or administrator is sufficient (ROC. Rule
88. Sec. 5).
G. ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS
Q: What actions may be brought against the executor or administrator of an

estate?
ANS: The following actions may be commenced against the executor or administrator,
as follows:
1. Action to recover real or personal property, or an interest therein, from the
estate.
2. Action lo enforce lien on real or personal property; and
3. Action to recover damages for an injury to person or property (ROC. Rule
87. Sec. 1).
Q: What actions cannot be filed against the executor or administrator of an

estate?
ANS: No action upon a claim for the recovery of money or debt or interest thereon shall
be commenced against Ihe executor or administrator (ROC, Rule 87. Sec. 1).
Q: Who has standing to bring or defend actions which survive the decedent's
death?
ANS: For the recovery or protection of the property or rights of the deceased, an
executor or administrator may bring or defend, in the right of the deceased, actions for
causes which survive (ROC. Rule 87. Sec. 2).
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Q: What are the instances wherein the heirs, instead of the executor or
administrator, may bring or defend an action for and on behalf of the estate?
ANS: The instances wherein the heirs may bring suit for and in behalf of the estale are
the following:
1. No executor or administrator appointed yet;
2. If the executor or administrator is unwilling or refuses to bring suit; or
3. When the administrator is alleged to have participated in
the act complained of and he is made a party defendant (Rioferio v. CA,
G.R. No. 129008. January 13, 2004).
Q: What are the requisites before an executor or administrator may recover

properties or rights fraudulently disposed of? (DCIS)
ANS: Executor or Administrator may recover properties or rights fraudulently disposed
of by the decedent for the benefit of creditors when the following circumstances concur
1. When there is a .Deficiency of assets in the hands of an executor or
administrator for the payment of debts and expenses of administration;
2. The deceased in his lifetime had Conveyed real or personal property, or a
right or interest therein, or a debt or credit;
3. Such conveyance was made:
a. With Intent lo defraud his creditors;
b. To avoid any right, debt, or duty; or
c. Such that by law, the conveyance would be void os against his
creditors; and
4. The Subject of the attempted conveyance would be liable to attachment by
any of them in his lifetime (ROC, Rule 87. Sec. 9).
Q: When is an executor or administrator bound to commence an action for the

recovery of properties fraudulently conveyed by the deceased?
ANS: The executor or administrator shall not be bound to commence action for Ihe
recovery of properties fraudulently conveyed by the deceased unless:
1 There is an application of the creditors of the deceased; and
2 . The creditors making the application pay such part of the costs an
expenses, or give security therefor to the executor or administrator, as the
court deems equitable (ROC. Rule 87, Sec. 9).
Note. The executor or administrator may, on his own initiative or on option of Ihe
creditors and as directed by the court, institute an action for the recovery of said
property, but the court may direct the creditors to defray part of the costs and expenses
of the suit since said action is for their own benefit (2 REGALADO, supra at 93).
Q: When can the creditor bring an action for the recovery of properties
fraudulently conveyed by the deceased?
ANS: When there is such a deficiency of assets, and the deceased in his lifetime had
made or attempted such a conveyance, as is slated in Rule 87, Sec. 9, any creditor of
the estate may bring an aclion for the recovery of the properties fraudulently conveyed,
provided that if the conveyance had been made in favor of:
1. Executor or administrator;
a. The executor or administrator has not commenced the aclion;
b. The action shall be in the name of the executor or administrator;
c. There is court permission;
d. Creditor has filed in court a bond executed to the executor or
administrator, in an amount approved by the judge, conditioned to
indemnify the executor or administrator against the costs and expenses
incurred by reason of such action; or
2. Person other than executor or administrator:
a. The executor or administrator has not commenced the aclion;
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b. The action shall be in the name of all the creditors (ROC, Rule 87 Sec
10).
H. DISTRIBUTION AND PARTITION

Q: What is liquidation?
ANS: Liquidation refers to the determination of all the assets of the estate and the
payment of all the debts and expenses (Bernardo v. CA. G.R No. L-18148. February
28. 1963).
Q: What are the steps for distribution and partition of the estate of the decedent?
(ABAE-RC)
ANS: The steps for distribution and partition are the following:
1. When the debts, funeral charges, and expenses of administration, the
allowance to the widow, and inheritance tax. if any. chargeable to the estate
in accordance with law. have been paid, the court, on the application of the
executor or administrator, or of a person interested in the estate, and after
hearing upon notice, shall Assign the residue of Ihe estate to the persons
entitled to the same (ROC, Rule 90. Sec. 1);
2. No distribution shall be allowed until the payment of the obligations above
mentioned has been made or provided for. unless the distributees, or any of
them, give a Bond, in a sum to be fixed by the court, conditioned for the
payment of said obligations within such lime as the court directs (ROC. Rule
90. Sec. 1).
3. Questions as to Advancement made, or alleged to have been made, by the
deceased to any heir may be heard and determined by the court having
jurisdiction of the estate proceedings (ROC, Rule 90, Sec. 2);
4 Expenses of partition may be paid by the executor or administrator out of
the assets in his hands if:
a. Sufficient.
b. Equitable lo the court; and
c. Not inconsistent with the intention of the testator; otherwise. they shall
be paid by Ihe parlies in proportion to their respective shares or interest
in the premises (ROC, Rule 90, Sec. 3).
5. Certified copies of final orders and judgments of the court relating to the real
estate or the partition thereof shall be Recorded in Ihe registry of deeds of
Ihe province where the property is situated (ROC. Rule 90. Sec.4). and
6. If there is a Controversy before Ihe court as to who are the lawful heirs of
the deceased person or as the distributive shares to which each person is
entitled under Ihe law. the controversy shall be heard and decided as in
ordinary cases (ROC. Rule 90. Sec. 1).
Q: When may the court issue an order of distribution?
ANS: An order of distribution shall be issued by the court when:
1. Payment of obligations chargeable to the estate have been made;
2. Payment of obligations chargeable to the estate have been provided for; or
3. Any of the distributees gives a bend conditioned for the payment of said
obligation.
Note: In addition to Ihe foregoing, the rules also require the application of the executor
or administrator or of a person interested in the estate and due notice and hearing
Q: What shall the order of distribution provide?
ANS: The order shall assign the residue of the estate to the persons entitled to the
same, naming them and Ihe proportions or parts to which each is entitled (ROC. Rule
90. Sec.1)
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Q: What is the effect of non-compliance to the order of distribution of the estate?

ANS: As long as the order of the distribution of the estate has not been complied with,
the probate proceedings cannot be deemed closed and terminated because a judicial
partition is not final and conclusive and does not prevent the heirs from bringing an
action to obtain his share, provided the prescriptive period has not elapsed (Mari v.
Bonilla. G.R. No. L-852. March 19, 1949).
Q: How is an appeal from an order of distribution made?

ANS: An order of distribution is appealable within 30 days by filing both a notice of
appeal and a record on appeal with the probate court. This is because the order ot
distribution involves multiple or separate appeals. The probate court still needs to hold
on to the original records since motions to file leave for tardy claims may still be filed at
any time before the entry of the order of distribution (2 RIGUERA, Primer Reviewer
(2019). p. 125).
Q: What is a project of partition?

ANS: Project of partition which, as its own name implies, is merely a proposal lor
distribution of the estate that the court may accept or reject, it is the court alone that
makes the distribution of the estate and determines the persons entitled thereto and the
parts to which each is entitled, and it is that judicial decree of distribution, once final, thal
vests title in the distributees (Reyes v. Datu, G.R. No. L-17Q18, January 20, 1967).
Q: What is the remedy of an heir entitled to the residue of the estate but not given
his share?
ANS: The remedy of an heir entitled to the residue of the estate but not given his share
would depend if he was duly notified or not:
1. If duly notified: he must move for reconsideration or appeal therefrom within
30 days from notice, otherwise the order becomes final.
2. If not duly notified:
a. Where the heir and his address is known to the petitioner, but no notice
was given to him, the heir can file an action to annul the judgment. The
failure to notify him deprives the probate court of jurisdiction to renders
valid judgment; or
b. Where the heir or his address is unknown and no personal notice was
given to him, he can file a motion with Ihe probate court for the delivery
of his share or to reopen the proceedings if the order of the closure is
not yet final. If the order of the closure has become final, the remedy of
the heir is to file an action for reconveyance against the distributees.
Where the heir is given a share in the order of distribution, he may
move for the delivery of the same to him, even after the closure of the
proceedings, subject to acquisitive prescription in favor of adverse
possessors (2 RIGUERA, supra at 128-129).
Note: The provision in the Rules of Court to the effect that judgment may be enforced
within five (5) years by motion, and after five (5) years but within 10 years by an action
(ROC, Rule 39, Sec. 6), refers to civil actions and is not applicable to special
proceedings (Rodil v. Benedicto, G.R. No. L-28616, January 22, 1980)
Q: Why Is the probate court generally not allowed to use a writ of execution?
ANS: The probate court is not supposed to issue a writ of execution because its orders
usually refer to the adjudication of claims against the estate which the executor or
administrator may satisfy without the necessity of resorting to a writ of execution. The
probate court, as such, does not render any judgment enforceable by execution (Vda.
de Valera v. OfUada, G.R. No. L-27526, September 12, 1974).
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Q: Enumerate the exceptions when the probate court may issue a writ of
execution.
ANS: As exceptions, the Rules of Court expressly specifies that the probate court may
issue a writ of execution:
1. To satisfy the contributive shares of the devisees, legatees, and heirs in
possession of the decedent's assets (ROC. Rule 88. Sec. 6);
2. To enforce payment of the expenses of partition (ROC. Rule 90. Sec. 3); or
3. To satisfy the cost when a person is cited for examination in probate
proceedings (ROC, Rule 142, Sec. 13).
Note: Under the rule of inclusio unius est exclusio alter/us, those are the only instances
when the probate court can issue a writ of execution (Pastor, Jr. v. CA, G.R. No. L-
56340, June 24, 1983).
I. TRUSTEES
Q: Who is a trustee?
ANS: A trustee is a person to whom property or fund have been committed in the belief
or trust that he will hold and apply the same benefit of those who are entitled thereto
according to an express intention by the parlies themselves or by deed, will, settlement
or arrangement of another (Chua v. Mapalo. CV-61G47, May 13, 1985).
Q: What are the distinctions between an executor or administrator and trustee?

ANS: The distinctions between an executor or administrator and trustee, are as
follows:
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Executor or
Administrator
Trustee may be exempted by the court Executor or administrator is
from posting of the bond when such not exempted from posting
exemption was requested by: of the bond (ROC. Rule 81.
1. The testator; or Sec. 2).
2. All persons beneficially interested in
the trust, being of full age (ROC. Rule
98. Sec. 5).
Trusteeship is terminated upon the turn Administration proceeding

over of the property to the beneficiary, or is terminated upon the i
when the period is provided by the will or order of distribution and the;
written instrument (ROC. Rule 98 Sec. 3). delivery of the residue of
the estate (ROC. Rule 80.,
Sec. 2).
Q: What are the conditions included in the bond filed by the trustee? (IMAS)
ANS: The following conditions shall be deemed a part of the bond whether written
therein or not:
1. Inventory - the trustee shall submit to the court an inventory of the personal
and real estate belonging to him as trustee which shall have come to his
possession or knowledge;
2. Management and Disposition - the trustee shall manage and dispose of
such estate and faithfully discharge his trust in relation thereto;
3. Recounting - he trustee shall render under oath at least once a year until his
trust is fulfilled an account of the property in his hands and of the
management and disposition thereof; and
4. Settlement of Accounts - at the expiration of his trust, Ihe trustee shall settle
his accounts and deliver the remaining estate in his hands to those entitled
thereto (ROC, Rule 98. Sec. 6)
Q: What are the requisites for the removal of a trustee? (PNHG)

ANS: In order for the removal of a trustee to be proper, the following requisites must be
present:
1. A Petition is filed by the parties beneficially interested;
2. Notice to the trustee;
3. Hearing; and
4. Removal is based on the following grounds:
a. Removal appears essential in the interest of the petitioner;
b. Trustee is insane; or
c. Trustee is incapable of discharging his trust or evidently unsuitable
therefor (ROC. Rule 98. Sec. 6).
Q: When can a trustee resign?

ANS: A trustee, whether appointed by the court or under a written instrument, may
resign his trust if it appears to the court proper to allow such resignation (ROC. Rule 98.
Sec. 8).
Q: What is the extent of authority of a trustee?

ANS: The trustee shall have the same rights, powers, and duties, and in whom the
estate shall vest, as if he had appointed by the testator (ROC. Rule 98. Sec. 2).
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J. ESCHEAT
Q: When is a petition for escheat of estate filed?
ANS: When a person dies intestate, seized of real property in (he Philippines, leaving
no heir or person by law entitled to the same, the Solicitor General or his representative
in behalf of the Republic of the Philippines, may file a petition in the RTC of the province
where Ihe deceased last resided or in which he had estate, if he resided out of the
Philippines, setting forth the facts, and praying that the estate of the deceased be
declared escheated (ROC, Rule 91. Section 1).
Q: Who may be parties in a petition for escheat of estate? (GIDU)

ANS: The parties in a petition for escheat of estate are:
1. Government - initialed by the government through the Solicitor General or
his representative (ROC, Rule 91, Section 1);
2. All Interested parties - includes actual occupants and the adjacent lot
owners who shall be personally notified of the proceeding and given (he
opportunity to present their valid claims; otherwise, it will be reverted to the
State (Bermudo v. CA. G.R. No. L-38622, October 26. 1987); and
3. Depositary bank - under the Unclaimed Balances Law. a depositary bank
should be joined as a respondent in an action for escheat since a decree of
escheat would necessarily deprive it of the use of such deposits (Act No.
3936, Sec. 3; Republic v. CFI of Manila, G.R. No. L-30381. August 30,
1988).
Q: What are the requisites for the filing of a petition for escheat of estate?
ANS: A petition for escheat of estate shall be proper when Ihe following requisites are
present:
1. That a person died intestate;
2. He left no heirs or persons by law entitled to the same; and
3. The deceased left properties in the Philippines (ROC. Rule 91. Sec. 1).
Q: What is the duty of the court if the petition for escheat of estate is sufficient in
form and substance?
ANS: If the petition is sufficient in form and substance. Ihe court:
1. By an order reciting the purpose of the petition, shall fix a date and place for
Ihe hearing thereof, which dale shall be not more than six (6) months after
Ihe entry of Ihe order; and
2. Shall direct that a copy of the order be published before the hearing at least
once a week for six (6) successive weeks in some newspaper of general
circulation published in the province, as the court shall be deemed best
Q: How can an heir or person entitled to the estate recover the same after its
escheat?
ANS: The person must file his claim within five (5) years from the dale of judgment. In
such case, the claimant shall have title to and possession of ihe property. If the property
had been sold, the city or municipality shall be accountable to the claimant for the
proceeds, after deducting reasonable charges for Ihe care of the estate. A claim not
made within the five-year period shall be forever barred (ROC. Rule 91. Sec. 4).
Q: What rule governs actions for reversion?

ANS: Until otherwise provided by law, actions for reversion or escheat of properties
alienated in violation of the Constitution or of any statute shall be governed by the rule
on escheat of estate, except that the action shall be instituted in the province where the
land lies in whole or in part (ROC. Rule 91. Sec. 5)
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K. GUARDIANSHIP
Q: What is guardianship?
ANS: A guardianship is a trust relation of the most sacred character, in which one
person, called a "guardian" acts for another called the “ward" whom the law regards as
incapable of managing his own affairs. It is intended to preserve the ward's property, as
well as to render any assistance that the ward may personally require. It has been
stated that while custody involves immediate care and control, guardianship indicates
not only those responsibilities, but those of one in loco parentis as well (Francisco v. CA,
G.R. No. L-57438. January 31, 1984).
Q: What are the kinds of guardianship proceedings?

ANS: The kinds of guardianship proceedings are as follows:
1. Guardianship proceedings for incompetents (ROC, Rules 92-97); and
2. Guardianship proceedings for minors (A.M. No. 03-02-05-SC or the Rule on
Guardianship of Minors) [hereinafter Rule on Guardianship of Minors).
Q: Who are the persons considered as incompetent under the rules of

guardianship?
ANS: The persons considered as incompetent under the rules of guardianship are Ihe
following:
1. Persons suffering from civil interdiction;
2. Persons who are hospitalized lepers, prodigals, deaf and dumb who are
unable to read and write:
3. Persons who are of unsound minds, even though they have lucid Intervals;
and
4. Persons not being of unsound mind, but by reason of age, diseases, weak
mind, and other similar causes, cannot, without outside aid, take care ol
themselves and manage their property, becoming thereby an easy prey lor
deceit and exploitation (ROC, Rule 92. Sec 2).
Q: Which court has jurisdiction over guardianship proceedings and what Is the
venue?
ANS: Guardianship proceedings are cognizable in:
Guardianshlp.over Incompetents “
As to I RTC (ROC, Rule 92. Sec. 1) Family Court (Rule on
jurisdiction Guardianship of Minors, Sec.
Note: Family Courts do nol have
jurisdiction over guardianship of 3).
incompetents who are nol minors
(HERRERA, Special Proceedings and
Special Rules Implementing the Family
Courts Act of 1997 (2005), p. 239).
As to. 1. If a resident: RTC of the place 1. If a resident: Family Court
venue where the incompetent resides. of the place where the
2. If a non-resident: RTC of the place minor resides.
where the incompetent's property or 2. If a non-resident: Family
part thereof is situated (ROC, Rule Court of the place where
92, Sec 1). the minor’s property or
part thereof is situated
(Rule on Guardianship ol
Minors, Sec. 3).
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Q: When can the venue of the guardianship proceedings be transferred?

ANS: The court taking cognizance of a guardianship proceeding may transfer the same
to the court of another province or municipality v/herein Ihe v/ard has acquired real
property, if he has transferred thereto his bona fide residence, and the latter court shall
have full jurisdiction to continue the proceedings, without requiring payment of additional
court fees (ROC, Rule 92, Sec. 3).
Q: Who may petition for the appointment of a guardian of an incompetent?

ANS: Any relative, friend, or other person on behalf of an incompetent who has no
parent or lawful guardian may petition the court having jurisdiction for the appointment of
a general guardian for Ihe person or estate, or both, of the incompetent (ROC, Rule 93,
Sec. 1).
Q: Who may petition for the appointment of a guardian of a minor?

ANS: Any relative or other person on behalf of a minor, or the minor himself if 14 years
of age or over, may petition the Family Court for the appointment of a general guardian
over the person or property, or both, of such minor. The petition may also be filed by the
Secretary of Social Welfare and Development and by the Secretary of Health in the
case of an insane minor who needs to be hospitalized (Rule on Guardianship of Minors.
Sec. 2). When the minor resides outside the Philippines but has property in the
Philippines, any relative or friend of such minor, or anyone interested in his property, in
expectancy or otherwise, may petition the Family Court for the appointment of a
guardian over the property (Rule on Guardianship of Minors. Sec. 12).
Q: How shall notice of the petition for appointment of a general guardian of an

incompetent or uf a minor be made?
ANS: When a petition for the appointment of a general guardian is filed, the court shall
fix a lime and place for its hearing, and shall cause reasonable notice to be given lo the
persons mentioned in the petition, including the minor if he is fourteen years of age or
over, and may direct other general or special notice to be given (ROC. Rule 93, Sec. 3:
Rule on Guardianship of Minors. Sec. 8).
Q: How shall notice of the petition for the appointment of guardianship over the
property of a non-resident incompetent be made?
ANS: When a person liable to be put under guardianship resides without the
Philippines but has estate therein, notice shall be given to such person and in such
manner as the court deems proper, by publication or otherwise (Rule 93, Sec. 6).
Q: How shall notice of the petition for the appointment of guardianship over the
property of a non-resident minor be made?
ANS: Notice of hearing of the petition shall be given to the minor by publication or any
other means as the court may deem proper. The court may dispense wilh the presence
of Ihe non-resident minor (Rule on Guardianship of Minors. Sec. 12).
Q: What are the grounds for the appointment of a guardian over a minor? (DSuRB)
ANS: The grounds for the appointment of a guardian over the person or property, or
both, of a minor are the following:
1. Death, continued absence, or incapacity of his parents;
2. Suspension, deprivation or termination of parental authority;
3. Remarriage of his surviving parent, if the latter Is found unsuitable to
exercise parental authority; or
4. When the Best interests of the minor so require (Rule on Guardianship of
Minors, Sec. 4).
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Q: Who may be appointed as guardian of the person or property, or both, of an

incompetent?
ANS: In the appointment of a guardian for an incompetent, the choice of a suitable
person is left to the sound discretion of the court (Goyena v. Gustilo, G.R. No, 147148.
January 13. 2003). Courts should not appoint persons as guardians who are not within
the jurisdiction of our courts for they will find it difficult to protect the wards (Vancilv.
Balmes. G.R. No. 132223, June 19, 2001).
Q: Who may be appointed as guardian of the person or property, or both, of a

minor? (GB-CO)
ANS: In default of parents or a court-appointed guardian, the court may appoint a
guardian, observing as far as practicable the following order of preference:
1. The surviving grandparent and in case several grandparents survive, ihe
court shall select any of them taking into account all relevant considerations;
2. The oldest Brother or sister of the minor over 21 years of age. unless unfit
for disqualified;
3. The actual Custodian of the minor over 21 years of age. unless unfit or
disqualified; and
4. Any Qther person, who in the sound discretion of the court, would serve the
best interests of the minor {Rule on Guardianship nf Minors, Sec fi).
Q: What are the general powers and duties of a guardian of an incompetent or

minor? (CaPS-MaPIA)
ANS: The powers and duties of a guardian of an incompetent are the following:
1. To have the Care and custody of the person of his ward, and Ihe
management of his estate, or the management of the estate only, as the
case may be (ROC, Rule 96, Sec. 1);
2. To Pay the ward's just debts out of his personal estate and Ihe income of his
real estate, if sufficient; if not, then out of his real estate upon obtaining an
order for the sale or encumbrance thereof (ROC, Rule 96, Sec. 2);
3. To fettle accounts, collect debts, and appear In actions for ward (ROC.
Rule 96, Sec. 3);
4. To Manage the estate of the ward frugally and without waste, and apply
proceeds to Ihe maintenance of ward (ROC, Rule 96, Sec. 4);
5. To join in Partition after hearing (ROC. Rule 96. Sec. 5);
6. To render to the court an Inventory of Ihe estate of his ward within three (3)
months after his appointment, and annually after such appointment an
inventory and account, which must be under oath (ROC, Rule 96, Sec. 7);
and
7. To render an Account to the court for settlement and allowance upon the
expiration of a year from the time of his appointment, and as often thereafter
as may be required (ROC, Rule 96, Sec. 8).
Note: The general powers and duties of a guardian of an incompetent provided in Ihe
Rules of Court is substantially the same with the powers and duties of a guardian of a
minor enumerated in the Rule on Guardianship of Minors. Sec. 17.
Q: When is the guardianship over an incompetent terminated?

ANS: The court, motu proprio or upon verified motion of any person allowed to file a
petition for guardianship may terminate the guardianship on the ground that:
1. The ward has been determined to be competent by the guardianship court
(ROC. Rule 97, Sec. 1);
2. The guardianship is no longer necessary (ROC, Rule 97, Sec. 3)', or
3. The ward or the guardian has died (FESTIN, supra at 163).
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Q: When is the guardianship over a minor terminated?

ANS; The court motu proprio or upon verified molion of any person allowed to file a
pelilion for guardianship may terminate the guardianship on the ground that:
1. The ward has come of age;
2. The ward has died; or
3. The guardian has died (Rule on Guardianship of Minors. Sec. 25).
L. ADOPTION
DISTINGUISH DOMESTIC ADOPTION FROM INTER-COUNTRY ADOPTION
Q: What are the distinctions between domestic and Inter-country adoption?
R.A. 8552 otherwise known as R.A. 8043 otherwise known as

Domestic Adoption Act of 1998 Inter-Country Adoption Act of 1995
and Rule on Adoption (AM. No. and Rule on Adoption.
02-6-02-SC) [hereinafter Rule
tin Adoption)).
Judicial adoption (2 RIGUERA. Extrajudicial adoption (2 RIGUERA,
supra at 164) supra al 164).
Applies to Filipinos (with some Aliens or Filipinos permanently

exceptions) adopting Filipinos residing abroad adopting Filipinos
(Rule on Adoption. Sec. 4). (Rule on Adoption, Sec. 26).
1 Any Filipino citizen: Alien or Filipino permanently
a Of legal age; residing abroad may file an
b. In possession of full civil application for intercountry adoption
capacity and legal rights; if he/she:
c Of good moral character; 1. Is al least 27 years of age and at
d Has not been convicted least 16 years older than the
of any crime involving child lo be adopted, at the lime
moral turpitude; of application unless the adopter
e Emotionally and is the parent by nature of the
psychologically capable child to be adopted or the
of caring for children; and spouse of such parent:
f At least 16 years older 2. If married, his/her spouse must
than Ihe adoptee, and jointly file for the adoption;
who is in a position to 3 Has the capacity to act and
support and care for assume all rights and
his/her children in responsibilities of parental
keeping with the means authority under his national laws,
of the family and has undergone the
2. Any alien possessing the appropriate counseling from an
same qualifications as for accredited counselor in his/her
Filipino national, provided country;
that: 4. Has not been convicted of a
a His/her country has crime involving moral turpitude;
diplomatic relations with 5. Is eligible to adopt under his/her
the Republic of the national law;
Philippines; 6. Is in a position to provide Ihe
b. He/she has been living in proper care and support and lo
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the Philippines for at give the necessary moral values

least three (3) continuous and example to all his children,
years prior to the filing of including the child to be
the application for adopted;
adoption and maintains 7. Agrees to uphold the basic rights
such residence until the of the child as embodied under
adoption decree is Philippine laws. the U.N.
entered; Convention on the Rights of the
c. He/she has been certified Child, and to abide by the rules
by his/her diplomatic or and regulations issued lo
consular office or any implement the provisions of this
appropriate government Act;
agency that he/she has 8. Comes from a country with
legal capacity to adopt in whom the Philippines has
his/her country; and diplomatic relations and whose
d. His/her government government maintains a similarly
allows the arinptee to authorized and accredited
enter his/her country as agency and that adoption is
his/her adopted allowed under his/her national
son/daughter. laws; an
The guardian with respect to the 9. Possesses all the qualifications
after the termination of tho and none pl the disqualifications
guardianship and clearance of provided herein and in olher
his financial accountabilities applicable Philippine laws (R.A.
{Rule on Adoption, Sec. 4). 6043, Sec. 9).
DOMESTIC ADOPTION
Q: What are the effects of the grant of adoption on the relationship between the
parent and the child?
ANS: Adoption has the following effects on the relationship between the parent and the
child:
1. All legal ties between the biological parent(s) and the adoptee shall be
severed, except when the biological parent is the spouse of the adopter;
and
2. It will give adoptee reciprocal rights and obligations arising from the
relationship of parent and child (R.A. 8552, Sec. 16).
Q: Who may be adopted under R.A. 8552 otherwise known as Domestic Adoption
Act of 1998?
ANS: The following may be adopted:
1. A child legally available for adoption;
2. The legitimate son/daughter of one spouse by the other spouse;
3. An illegitimate son/daughter by a qualified adopter lo improve his/her status
to that of legitimacy;
4. A person of legal age If, prior to the adoption, said person has been
consistently considered and treated by the adopter(s) as his/her own child
since minority;
5. A child whose adoption has been previously rescinded; or
6. A child whose biological or adoptive parent(s) has died: Provided, that no
proceedings shall be initiated within six (6) months from the time of death of
said parent(s) (R.A. 8552, as amended by R.A. 9523, Sec. 8).
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Q: Who is a ‘child legally available for adoption'?

ANS: Child Legally Available for Adoption refers to a child in whose favor a certification
was issued by the DSWD that he/she is legally available for adoption after the fact of
abandonment or neglect has been proven through the submission of pertinent
documents, or one who was voluntarily committed by his/her parent(s) or legal guardian
(R.A. 9523, Sec. 2(5)).
Q: When can the guardian adopt the ward?

ANS: The guardian, with respect to the ward, may adopt after the termination of the
guardianship and clearance of his financial accountabilities (R.A. 8552, Sec. 7(c))
Q: What are the exceptions to the rule that husband and wife shall jointly adopt?
ANS: The exceptions to the general rule that the husband and wife shall jointly adopt
are as follows:
1. If one spouse seeks to adopt the legitimate son/daughter of the other; or
2. If one spouse seeks to adopt his/her own illegitimate son/daughter:
Provided. However, that the other spouse has signified his/her consent
thereto; or
3. If the spouses are legally separated from each other (R.A 8552 as
amended. Sec. 7(c)).
Q: What are the general requirements for a petition for domestic adoption?
ANS: The petilion shall be verified and specifically state at the heading of the initiatory
pleading whether the petition contains an application for change of name, rectification of
simulated birth, voluntary or involuntary commitment of children, or declaration of child
as abandoned, dependent, or neglected (Rule on Adoption, Sec. 7). A certification of
non-forum shopping shall be included pursuant to Sec. 5. Rule 7 of Ihe 1997 Rules of
Civil Procedure (A.M. No. 02-6-02-SC, Sec. 7).
Q: What must be alleged in the petition for domestic adoption?

ANS: The petilion for adoption must allege the following:
1. If the adopter is a Filipino citizen:
a. The jurisdictional facts; and
b. That the petitioner is:
i Of legal age;
ii. In possession of full civil capacity and legal rights;
iii. Of good moral character;
iv. Has not been convicted of any crime involving moral turpitude;
v. Emotionally and psychologically capable of caring for children;
vi Is at least 16 years older than the adoptee, unless the adopter is
Ihe biological parent of the adoptee or is the spouse of Ihe
adoptee's parent; and
vii. He is in a position lo support and care for his children in keeping
with the means of the family and has undergone pre-adoption
services as required by Section 4 of Republic Act No. 8552;
2. If the adopter is an alien, the petition shall allege the following:
a. The jurisdictional facts;
b. Sub-paragraph 1(b) above;
c. That his country has diplomatic relations with the Republic of the
Philippines;
d. That he has been certified by his diplomatic or consular office or any
appropriate government agency lo have th© legal capacity lo adopt in
his country and his government allows the adoptee to enter his country
as his adopted child and reside there permanently as an adopted child;
and
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e. Thal he has been living in the Philippines for at least 3 continuous

years prior to the filing of the petition and he maintains such residence
until the adoption decree is entered;
3. The adopter is the legal guardian of the adoptee, the petition shall allege:
a. guardianship had been terminated; and
b. the guardian had cleared his financial accountabilities;
4. If the adopter is married, the spouse shall be a co-petitioner for joint
adoption except if:
a. one spouse seeks to adopt the legitimate child of the other;
b. if one spouse seeks to adopt his own illegitimate child and the other
spouse signified written consent thereto; or
c. if the spouses are legally separated from each other; or
5. If the adoptee is a foundling, the petition shall allege:
a. the entries which should appear in his birth certificate, such as name of
child, date of birth, place of birth, if known;
b. sex, name and citizenship of adoptive mother and father, and the dale
and place of their marriage; and
c. If the petition prays for a change of name, it shall also state thecause
or reason for the change of name (Rule on Adoption, Sec. 7).
Note: In all petitions, the following shall be alleged:
1. The first name, surname or names, age and residence of the adoptee as
shown by his record of birth, baptismal or foundling certificate and school
records;
2. That the adoptee is not disqualified by law to be adopted:
3. The probable value and character of the estate of the adoptee; and
4. The first name, surname or names by which the adoptee is to be known and
registered in the Civil Registry (Rule on Adoption, Sec. 7).
Q: When can the requirements of certification to adopt and residency be waived?

ANS: The requirements of certification of the alien's qualification to adopt in his country
and of residency may be waived if the alien:
1. Is a former Filipino citizen who seeks to adopt a relative within the fourth
degree of consanguinity or affinity;
2. Seeks to adopt the legitimate child of his Filipino spouse; or
3. Is married to a Filipino citizen and seeks to adopt jointly with his spouse a
relative within the fourth degree of consanguinity or affinity of the Filipino
spouse (Rule on Adoption, Sec. 7).
Q: Who shall give consent to the adoption?

ANS: After being properly counseled and informed of his/her right to give or withhold
his/her approval of the adoption, the written consent of the following to Ihe adoption is
hereby required:
1. The adoptee, if 10 years of age or over;
2 The biological parenl(s) of the child, if known, or the legal guardian, or the
proper government instrumentality which has legal custody of the child;
Note: The general requirement of consent and notice to the natural parents
is intended to protect the natural parental relationship from unwarranted
interference by interlopers, and lo insure the opportunity to safeguard the
best interests of the child in the manner proposed adoption (Landingin v.
Republic, G.R. No. 164948, June 27. 2006).
3. The legitimate and adopted sons/daughters. 10 years of age or over, of Ihe
adopter(s) and adoptee, if any;
4. The illegitimate sons/daughters. 10 years of age or over, of the adopter if
living with said adopter and the latter's spouse, if any; and
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5. The spouse, if any, of the person adopting or to be adopted (R.A. 8552 as

amended, Sec. 9).
Q: What is the requirement before the court proceed to hear the petition for
adoption?
ANS: The court shall proceed to hear the petition upon satisfactory proof that Ihe order
of hearing has been published and jurisdictional requirements have been complied with
(Rule on Adoption, Sec. 14).
Q: What Is a supervised trial custody?

ANS: Supervised trial custody is an arrangement wherein before issuance of the
decree of adoption, the court shall give the adopter trial custody of the adoptee for a
period of al least six (6) months within which the parties are expected lo adjust
psychologically and emotionally to each other and establish a bonding relationship. The
trial custody shall be monitored by the social worker of the court, the DSWD, or the
social service of the local government unit, or the child-placement or child-caring agency
which submitted and prepared Ihe case studies. During said period, temporary parental
authority shall be vested in the adopter
Note: The court may, motu proprio or upon motion of any party, reduce the period or
exempt Ihe parties if it finds that the same shall be tor the best interests of the adoplee,
staling Ihe reasons therefor (Rule on Adoption. Sec. 15).
Q: When may an alien adopter be exempted from complying with the supervised
trial custody requirement?
ANS: An alien adopter must complete the 6-monlh trial custody except the following:
1. Former Filipino citizen who seeks to adopt a relative within the 4lh degree of
consanguinity or affinity;
2. One who seeks to adopt the legitimate child of his Filipino spouse; or
3 One who is married to a Filipino citizen and seeks to adopt jointly wilh his or
her spouse the latter's relative within the 4lh degree of consanguinity or
affinity.
Q: When will the decree of adoption be issued?

ANS: If the supervised trial custody is satisfactory lo the parties and the court is
convinced from Ihe trial custody report and the evidence adduced that the adoption shall
redound lo the best interests of the adoptee, a decree of adoption shall be issued which
shall take effect as of the dale the original petition was filed even if the petitioners die
before its issuance (Rule on Adoption. Sec. 16).
Q: What is the nature of the proceedings and record on adoption?

ANS: All hearings in adoption cases, after compliance with the jurisdictional
requirements shall be confidential and shall not be open to the publ<c. All records, books
and papers relating to Ihe adoption cases in the files of the court, the DSWD, or any
other agency or institution participating in the adoption proceedings shall be kept strictly
confidential (Rule on Adoption, Sec. 18).
Q: When can the court allow disclosure of information to third person?

ANS: The court may, upon proper motion, order the necessary information to be
released, restricting the purposes for which it may be used if it finds that disclosure is:
1. Necessary for security reasons or for purposes connected wilh or arising out
of the adoption; and
2. It will be for the best interests of the adoptee (Rule on Adoption, Sec. 18).
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Q: Who may file for the rescission of adoption?

ANS: The adoptee, wilh the assistance of the DSWD if a minor or if over 18 years ol
age but is incapacitated, as guardian/counsel, may file a verified petition for Ihe
rescission of adoption (Rule on Adoption, Sec. 18).
Q: Why Is the adopter not allowed to file for rescission of adoption?

ANS: Adoption, being in the best interest of the child, shall not be subject to rescission
by the adopter(s). However, the adopter(s) may disinherit the adoptee for causes
provided in Art. 919 of the Civil Code (Lahom v. Sibulo, G.R. No. 143989, July H
2003).
Q: What are the grounds for the rescission of adoption? (MASA)

ANS: The adoption may be rescinded on any of the following grounds committed by
the adopter(s):
1. Repeated physical and verbal Maltreatment by the adopter(s) despile
having undergone counseling:
2. Attempt on life of the adoptee;
3. §exual assault or violence; or
4. Abandonment and failure to comply with parental obligations (Rule on
Adoption, Sec. 19).
Q: When should the petition for rescission of adoption be filed?

ANS: The adoptee, if incapacitated, must file the petition for rescission or revocation ol
adoption within five (5) years after he reaches tho age of majority, or if he was
incompetent al the time of the adoption, within five (5) years after recovery from such
incompetency (Rule on Adoption, Sec. 21).
Effects of Rescission of Adoption

Q: What are the effects of the grant of rescission of adoption?
ANS: If the petition for rescission is granted, it shall have the following effects:
1. The parental authority of the adoptee's biological parent(s), if known, or the
legal custody of the Department shall be restored if the adoptee is still a
minor or incapacitated;
2. The reciprocal rights and obligations of the adopler(s) and the adoptee to
each other shall be extinguished;
3. The court shall order the Civil Registrar to cancel the amended certificate ol
birth of the adoptee and restore his/her original birth certificate;
4. Successlonal rights shall revert lo its status prior to adoption, but only as of
the date of judgment of judicial rescission;
5. Vested rights acquired prior to judicial rescission shall be respected; and
6. All the foregoing effects of rescission of adoption shall be without prejudice
to the penalties imposable under the Penal Code if the criminal acts are
properly proven (R.A. 8552, Art. VI, Sec. 20).
INTER-COUNTRY ADOPTION
Q: What is Inter-Country Adoption?
ANS: Inter-country adoption refers to the socio-legal process of adopting a Filipino
child by a foreigner or a Filipino citizen permanently residing abroad where the petition
is filed, the supervised trial custody is undertaken, and the decree of adoption is issued
outside the Philippines (R.A. 8043, Article I. Sec. 3(a)).
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Q: In what instances are the Rules on Inter-Country Adoption applicable?

ANS: The rules on Inter-Country adoption apply to;
1. Adoption of Filipino children by foreign nationals; and
2. Adoption of Filipino children by Filipino citizens permanently residing abroad
(Rule on Adoption, Sec. 26).
Q: Who may be adopted?

ANS: Only a Child Legally Available for Adoption may be the subject of inter-country
adoption (R.A. 8043, as amended by R.A. 9523, Sec. 7).
Q: What are the requirements for filing a petition for inter-country adoption?
(MAC’PREQ)
ANS: A person filing an adoption must allege in his petition:
1. His Age and the age of the child to be adopted, showing that he is at least
27 years of age and at least 16 years older than the child to be adopted at
Ihe time of application, unless the petitioner is the parent by nature of the
child to be adopted or the spouse of such parent, in which case the age
difference does not apply;
2. If Married, Ihe name of the spouse who must be joined as co-petitioner
except when the adoptee is a legitimate child of his spouse;
3. That fie has the Capacity to act and assume all lights and responsibilities of
parental authority under his national laws, and has undergone the
appropriate counseling from an accredited counselor in his country;
4. That he has not been convicted of a Crime involving moral turpitude;
5. That he is Eligible lo adopt under his national law;
6. That he can Provide the proper care and support and instill the necessary
moral values and example to all his children, including the child to be
adopted;
7 Thal he agrees lo uphold the basic Rights of the child, as embodied under
Philippine laws and the U.N. Convention on the Rights of the Child, and lo
abide by the rules and regulations, issued to implement the provisions of
R.A. No. 8043;
8 Thal he comes from a Country with which the Philippines has diplomatic
relations and whose government maintains a similarly authorized and
accredited agency and that adoption of a Filipino child is allowed under his
national laws; and
9. That he possesses all the Qualifications and none of the disqualifications
provided in the Rules on Adoption, in Inter-Country Adoption Act. and in all
other applicable Philippine laws (Rule on Adoption. Sec. 30).
Q: Where to file an application for inter-country adoption?

ANS: A verified petition lo adopt a Filipino child may be filed by a foreign national or
Filipino citizen permanently residing abroad with;
1. The Family Court having jurisdiction over the place where the child resides
may be found; or
2. It may be filed directly with the Inter-Country Adoption Board (Rule on
Adoption, Sec. 28).
Q: Whut arc the functions of the RTC if an application for Inter-country adoption
has been filed?
ANS: The RTC where the case is pending may determine if the petitioner is qualified to
adopt under the Act and the Rules. If the petitioner has all the qualifications and none of
Ihe disqualifications, the Court shall issue an order for inclusion of the petitioner, upon
filing of the application and fee, in the Board's Rosler of Applicants, and shall direct the
petitioner lo submit a Deed of Voluntary Commitment of the child executed by the child's
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Sitn Buda Law-RGCT Bar Operations Center IS
parents in favor of the Department (IRR-RA 8043, Rules and Regulations on Inter-
Country Adoption. December 26. 1995).
Q: What is the meaning of "Best Interest of the child” standard to be observed in

inter-country adoption cases?
ANS: The Slate shall lake measures to ensure Ihat inter-country adoptions are allowed
when the same shall prove beneficial lo the child’s best interests, and shall serve and
protect his/her fundamental rights (R.A. 8043, Sec. 2^. The best interests of the minor
refer lo Ihe totality of the circumstances and conditions as are most congenial lo the
survival, protection, and feelings of security of Ihe minor encouraging to his physical,
psychological and emotional development. Il also means the least detrimental available
alternative for safeguarding the growth and development of the minor (A.M. No. 03-04-
04-SC. Sec. 14).
Q: Who may be placed under Foster Care?

ANS: The following may be placed in foster care:
1. A child who is abandoned, surrendered, neglected, dependent or orphaned;
2. A child who is a victim of sexual, physical, or any other form of abuse or
exploitation;
3. A child with special needs;
4. A child whose family members are temporarily or permanently unable of
unwilling to provide the child with adequate care;
5. A child awaiting adoptive placement and who would have to be prepared for
family life;
6. A child who needs long-term care and close family lies but who cannot be
placed for domestic adoption;
7. A child whose adoption has been disrupted:
8. A child who is under socially difficult circumstances such as, but not limited
to, a street child, a child in armed conflict or a victim of child labor or
trafficking;
9. A child who committed a minor offense but is released on recognizance, or
who is in custody supervision or whose case is dismissed: and
10. A child who is in need of special protection as assessed by a social worker,
an agency or the DSWD.
Note: In the case of (b), (c), (f), (h), (i), and (j), the child must have no family willing and
capable of caring and providing for him (R.A. 10165, otherwise known as Foster Care
Ad of 2012. Sec. 4).
Q: Who may be a foster parent?

ANS: An applicant who meets all of the following qualifications may be a foster parent.
1. Must be of legal age;
2. Must be at least 16 years older than the child unless the foster parenl is a
relative;
3. Musi have a genuine interest, capacity and commitment in parenting and is
able to provide a familial atmosphere for the child;
4. Must have a healthy and harmonious relationship with each family member
living with him or her;
5. Must be of good moral character;
6 Must be physically and mentally capable and emotionally mature;
7. Musi have sufficient resources to be able to provide for the family's needs;
8. Must be willing to further hone or be trained on knowledge, attitudes and
skills in caring for a child; and
9. Must not already have the maximum number of children under his foster
care at the time of application or award.
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Note: In determining who is the best suited foster parent, the relatives of the child shall
be given priority, so long as they meet the above qualifications (R.A. No. 10165. Sec. 5).
Q: When can an alien qualify as a foster parent?

ANS: An alien possessing the above qualifications and who has resided in the
Philippines for at least 12 continuous months and maintains such residence until the
termination of placement by the DSWD or expiration of the foster family license, may
qualify as a foster parent (R.A. No. 10165, Sec. 5).
Q: When may a foster parent adopt his foster child?

ANS: A foster parent may adopt his foster child subject to the following conditions:
1 The foster parent must have all the qualifications as provided for by R.A. No.
8552 or R.A. No. 8043. as Ihe case may be;
2. The trial custody, as required in adoption, may be waived: Provided, that a
harmonious relationship exists between the child and his foster parent and
family members; and
3. The procedures for adoption, for purposes of this Act, shall be governed by
R.A. No. 8552 or R.A. No. 8043, as the case may be (R.A. No. 10165, Sec.
17)
Q: What is administrative adoption under R.A. 11222 or otherwise known as the

Simulated Birth Rectification Act?
ANS: Administrative Adoption refers to a process whereby a person assumes Ihe
parental authority of a child, from the biological parent or parents. It permanently
transfers all rights and responsibilities, along with filiation to the adoptive parent(s) (IRR
of RA 11222, Sec. 3. par. f).
Q: What are the requirements for persons who simulated the birth of a child and
who cooperated in such simulation to be absolved from liability?
ANS: Notwithstanding any provision of law to the contrary, a person or persons who.
prior lo the effeclivity R.A. 11222, simulated Ihe birth of a child, and those who
cooperated in the execution of such simulation, shall not be criminally, civilly, or
administratively liable for such act. provided:
1. That Ihe simulation of birth was made for the best interest of the child;
2. That the child has been consistently considered and treated by such person
or persons as her, his, or their own daughter or son; and
3. Thal such person or persons has or have filed a petition for adoption with an
application for the rectification of the simulated birth record within 10 years
from the effeclivity of R.A. 11222 (R.A. No. 11222. Sec. 4).
Q: When can the person who simulated the birth avail of administrative
proceedings for the adoption and rectification of the simulated birth record of
such child?
ANS: A person or persons who simulated the birth of a child under the conditions
provided under Section 4 of R.A. No 11222 may avail of administrative proceedings for
the adoption and rectification of the simulated birth record of such child; provided:
1. The child has been living with the person for at least three (3) years before
the effeclivity of R.A. No. 11222; and
2. That a certificate declaring the child legally available for adoption (CDCLAA)
is issued by the DSWD in favor of such child (R.A. No. 11222, Sec. 5).
REMEDIAL LAW!
San Boda Law-RGCT Bar Operations Ccnloi ■
Q: What are the personal qualifications for adopters under the Simulated Birth
Rectification Act?
ANS: Adopters must:
1. Be Filipino citizens:
2. Be of legal age;
3. Possess full civil capacity and legal rights;
4. Be of good moral character;
5. Have not been convicted of any crime involving moral turpitude;
6. Be emotionally and psychologically capable of caring for children; and
7. Be in a position to support and oare for the child in keeping with the means
of the family.
Note: In case of adoption by a married couple, where one of the adopters is a foreign
national married to a Filipino, the foreign national must have been residing in the
Philippines for at least three (3) continuous years prior to the filing of the petition for
adoption and application for rectification of simulated birth record (R.A. No. 11222, Sec.
Q: What is the effect of the decree administrative adoption? (LPS)

ANS: The effects of administrative adoption are as follows:
1. As to Legitimacy — the adoptee shall be considered the legitimate daughter
or son of the adopter for all intents and purposes and as such is entitled lo
all the rights and obligations provided by law to legitimate daughters orsons
born to them without discrimination of any kind. To this end, the adoptee is
entitled to love, guidance, and support in keeping with the means of the
family (R.A. No. 11222, Sec. 15).
2. As to Parental Authority — except where a biological parent is the spouse of
the adopter, all legal ties between the biological parents and the adoptee
shall be severed and the same shall then be vested in the adopter (R.A. No.
11222, Sec. 16); and
3. As to Succession — in legal and intestate succession, the adopter and the
adoptee shall have reciprocal rights of succession without distinction from
legitimate filiation. However, If the adoptee and her or his biological parenls
left a will, the law on testamentary succession shall govern (R.A. No. 11222.
Sec. 17).
M. WRIT OF HABEAS CORPUS

Q: What is writ of habeas corpus?
ANS: The writ of habeas corpus, also known as "writ of liberty" or amparo libertad, is
the order of the court requiring the person to whom it is issued lo produce the person
alleged lo be restrained of his liberty or whose rightful custody has been withheld and to
justify such person s detention or custody (ROC, Rule 102. Secs. 1 and 5-6).
Q: To what cases does the writ of habeas corpus extend?

ANS: Except as otherwise provided by law, the writ of habeas corpus shall extend to:
1. Cases of illegal confinement or detention by which a person is deprived of
his liberty; and
2. Cases by which the rightful custody of the person withheld from Ihe person
entitled thereto (ROC, Rule 102, Sec. 1).
Note: Actual physical restraint is not required; any restraint which will prejudice
freedom of action is sufficient (Moncupa v. EnrHe, G.R. No. 63345, January 30, 1996).
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Q: The rule says "except as otherwise provided by lav/", in what other cases does
the writ of habeas corpus apply?
ANS: The writ of habeas corpus shall also extend to the following instances:
a. If. as a consequence of judicial proceeding:
a. There is deprivation of a constitutional right resulting in the person’s
restraint:
b. The court has no jurisdiction to impose the sentence; or
c. An excessive penally was imposed, because tine sentence is void as to
the excess (Parulan v. Director of Prisons, G.R. No. L-28519, February
17, 1968).
b. Invasion or rebellion, when public safety requires it (CONSTI, Article VII,
Sec. 18); and
c. Post-conviction DNA testing (A.M. No. 06-11-5-SC or Rules of DNA
Evidence. Sec. 10).
Q: Which court has jurisdiction over a petition for writ of habeas corpus!
ANS: The RTC, CA and SC have concurrent jurisdiction to issue writs of habeas
corpus. The Sandiganbayan may issue writs of habeas corpus only if it is in the aid of its
appellate jurisdiction (P.D. 1606, as amended by R.A. 8249, Sec. 4). The MTC. by virtue
of a special jurisdiction can issue Ihe writ in case there is no available RTC judge (B.P.
Big. 129. as amended)
Q: What is the territorial extent of the enforceability of a writ of habeas corpus!

ANS: The writs issued by Ihe Supreme Court, the Court of Appeals and the
Sandiganbayan are enforceable anywhere in the Philippines. Those issued by the RTC
and MTC arc enforceable only within the judicial region to which they belong (Supreme
Court Supervisory Circular No. 14-85, Sec. 3(a)).
Note: The provision is an exception to the rule that processes of the RTC are
enforceable throughout the Philippines (2 REGALADO, supra at 176).
Q: What is the form of the petition for writ of habeas corpus!

ANS: Application for the writ shall be by a petition signed and verified by the party for
whose relief it is intended or by some other person on his behalf (ROC. Rule 102. Sec.
3). The formalities required for petitions for habeas corpus must be construed liberally.
Strict compliance with Ihe technical requirements for a habeas corpus petition may be
dispensed with where the allegations in the application are sufficient to make out a case
for habeas corpus (Fletcher v. Director of Bureau of Customs. UDK-14071. July 17.
2009).
Q: What are the contents of a petition for writ of habeas corpus! (PICO)
ANS: The verified petilion for writ of habeas corpus shall set forth:
1. The person object of the application is Imprisoned or restrained of his
liberty;
2. The Officer or name of the person by whom he is imprisoned or restrained;
or if both are unknown or uncertain, such officer or person may be described
by an assumed name;
3. The Place where he is imprisoned or restrained, if known; and
4. A copy of the Commitment or detention order if it can be procured without
impairing the efficiency of the remedy; or if the imprisonment or restraint is
without any legal authority, such fact shall be stated (ROC, Rule 102, Sec. 3).
Q: What are the contents of the return in a petition for writ of habeas corpus!
(CAST)
ANS: When the person to be produced is imprisoned or restrained by an officer, the
person who makes the return shall stale therein, and in other cases the person in whose
REMEDIAL LAW II
Sun Bcdu Law-RGCT Bar Operations Confer H
custody the prisoner is found shall state, in writing to the court or judge before whom the
writ is returnable, plainly and unequivocally:
1. Whether he has or has nol the party in his Custody or power, or under
restraint:
2. If he has the party in his custody or power, or under restraint, the Authority
and the true and whole cause thereof, set forth at large, with a copy of the
writ, order, execution, or other process, if any. upon which the party Is held;
3. If the party is in his custody or power or is restrained by him, and is nol
produced, particularly the nature and gravity of the Sickness or infirmity ol
such party by reason of which he cannot, without danger, be brought before
the court or judge; and
4. If he has had the party in his custody or power, or under restraint, and has
Transferred such custody or restraint to another, particularly to whom, al
what time, for what cause, and by what authority such transfer was made
Q: What are the distinctions between peremptory writ of habeas corpus and
preliminary citation?
ANS: Peremptory writ of habeas corpus is an order of the court addressed to the
person in custody of another to bring his body on the date, time and place indicated in
the order while a preliminary citation is an order issued by the court requiring the
respondent to appear before it, and to show cause why the writ of habeas corpus shall
not issue. There is an apparent illegal detention in the former while in the latter, there is
no apparent illegal detention or confinement (TAN. supra at 639).
Q: What are the Instances when the writ of habeas corpus is not proper?
ANS: Application.for a writ of habeas corpus is not proper:
1. For asserting or vindicating the denial of the right to bail (Galvez v. CA, G.R.
No. 114046, October 24, 1994).
2. Where the trial court had jurisdiction over the cause, over the person of Ihe
accused, and to impose the penalty provided for by law, the mistake
committed by the trial court, if any. refers to the appreciation of the fads
and/or in the appreciation of the law (Sotto v. Director of Prisons. G.R. No.
L-18871, May 30, 1962). or
3. Once a person detained is duly charged in court, he may no longer question
his detention through a petition for issuance of a writ of habeas corpus. His
remedy would be to quash the information and/or the warrant of arrest duly
issued (Rodriguez v. Bonifacio, A.M. No. RTJ-99-1510, November 6. 2000).
Q: When may the court deny a petition for habeas corpus?

ANS: The court may deny a petition for habeas corpus in the following instances:
1. If jurisdiction appears after the writ is allowed notwithstanding any
informality or defect in the process, judgment or order;
2. If the person is in the custody of an officer under process issued by a court
or by virtue of a judgment or order of a court of record which has jurisdiction
to issue the process, render the judgment or make the order;
3. If the person is charged with or convicted of an offense in the PHL;
4. If the person is suffering imprisonment under lawful judgment (ROC, Rule
102, Sec. 4)\ or
5. Detention of a suspect for three (3) days without charge, provided that Ihe
arrest of those suspected of the crime of terrorism or conspiracy to commit
terrorism must be in accordance with R.A No. 9372, otherwise known as
Human Security Act of 2007 (R.A. No. 9372, Sec. 18).
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Q: Distinguish writ of habeas corpus from writ of amparo and writ of habeas data.
ANS: The writs of habeas corpus, amparo. and habeas data differ in the following
aspects:
DISTINCTIONS AMONG WRIT OF HABEAS CORPUS,
AMPARO. AND HABEAS DATA
--■■■■ ■ ■ ........... -
Writ;of Habeas Writ of Amparo .
■ ■ .
. As to. /' Right to liberty of Right to life, liberty, Right to privacy in
I riqhtsJnvolved । and rightful custody and security of the life. liberty or
■
by the aggrieved aggrieved party and security of ihe

■
party (ROC. Rule covers only

■
aggrieved party and

■
102. Sec. 1). extralegal killings may cover

s'’?’.-
;
and enforced extralegal killings

•■■
disappearances and enforced

-
(A.M. 07-9-12-SC or disappearances

Rule on the Writ of (A M. No. 08-1-16-
f
Ip k
Amparo, Sec. 1 SC or Writ of

(hereinafter Rule on Habeas Data, Sec.
the Writ of 1) (hereinafter Rule
Amparo]). on WHD).
Actual violation of Actual or threatened violation of aggrieved
aggrieved party's party's right (Rule on WHO, Sec. 1).
/'.'tliRTl right (ROC. Rule
102. Sec. 1).
May or may not be a Public official or Public official or
! who’aro.j: J public officer or employee or a employee or a
respo'ndp^fe employee (ROC. private individual or private individual or
Rule 102. See 3). entity (Rule on the entity engaged in
( Writ of Amparo, the gathering,
Sec. 1). collecting or storing
of data or
: T information
regarding the
person. family
name. and
correspondence of
the aggrieved parly
(Rule on WHD. Sec
V-
1 Party for whose Aggrieved party or Aggrieved party; but
who relief it is by any qualified in cases of
Iheireme'dy . I intended; or person or entity in extralegal killings
2 Ry some person the following order □nd enforced
on liis behalf 1. By member of the disappearances,
(ROC. Rule 103. immediate family may be filed by:
Sec. 3). of Ihe aggrieved 1 Any member of
party, i.e., the immediate
spouse, children family of the
and parents; aggrieved parly,
' ".':t '■ • 2. Any ascendant, i.e., spouse,
descendant or children and
REMEDIAL LAWI
San Duda Law-RGCT Bor Operations Center ■
Writ of Ampato Writ of Habeas

i:U.X„..... ........... I °3ta
collateral relative parents; or
. j
of the aggrieved 2. Any ascendant,
party within the descendant or
fourth civil degree collateral relative
of consanguinity of the aggrieved
or affinity; or party within the
3. Any concerned fourth civil degree
citizen, of consanguinity
organization. or affinity (Rule
association or on WHD, Sec. 2).
. — J institution (right to
file is successive)
t -4"\ (rule on the writ of
________________ j amparo. Sec. 2).
As to Venue 1. RTC or any judge 1. RTC of the place 1. RTC where the
thereof; where the petitioner or
2. CA or any threatened act or respondent
member thereof omission was resides, or that
in instances committed or any which has
authorized by of its elements jurisdiction over
law; occurred; the place where
- -. 3. SC or any 2. Sandiganbayan the data or
member thereof; or any justice information is
• or thereof; gathered
4. Sandiganbayan 3. CA or any justice collected or
or any member thereof; or stored, at Ihe
thereof in aid of 4. SC or any justice option of
its appellate thereof (Rule on petitioner; or
jurisdiction (ROC. the Writ of 2. SC. CA or
Rule 102. Sec. 2). Amparo, Sec. 3) Sandiganbayan
when the action
concerns public
data files of
government
f offices (Rule on
________ :_____ _ i WHD. Sec. 3).
As to If granted by SC or The writ shall be enforceable anywhere in
Where ’: CA or any member the Philippines regardless of who issued
Enforceable. ’I of such courts or the same (Rule on he Writ of Amparo.
Sandiganbayan in Sec. 3; Rule on WHD, Sec. 14).
• < aid of its appellate
■ ' . •■ •";. ’ it
jurisdiction. it is
enforceable
■' ■• ■^■■ ■■^^■' ti anywhere in the
. - > - I.‘J Philippines; if
.■ ■• y granted by the RTC
or a judge thereof,
enforceable within
- : -
.' :' u :. - •“ -'*) his district (ROC.
'•'■ •' ' • "’.7"‘-•-7'<l Rule 102. Sec. 2).
1
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Writ of Habeas Writ of Amparo , Writ of Habeas |

■ Corpus i___________________ I Data I
As to Where Returnable before the court or any member thereof (ROC, Rule
Returnable, If 102, Sec. 2; A.M. No. 08-1- 16-SC, Sec 3. Rule on WHD, Sec. 4)
Issued by:
1 BIS_or judqo
_lhereof
2. Sandiganbayan Returnable before Returnable before
such court or any such court or any
justice thereof, or to justice thereof, or to
■d any RTC of the any RTC of the
place where the place where the
threat. act or petitioner or
omission was respondent resides
committed or any of or that which has
its elements jurisdiction over the
occurred (Rule on place where the
■ data or information
•1 the Writ of Amparo.
Sec 3). is gathered,
collected or stored
(Rule on WHD, Sec
J 4).
3,CA_ nr Jf
Returnable before Returnable before Returnable before
membei'-r-^ddf the court or any such court or any such court or any
sucHicbu'ftC. member thereof or justice thereof, or to justice thereof, or to
■ ■ -■ before an RTC or any RTC of the any RTC of the
any judge thereof place where the place where the
(ROC. Rule 102, threat, act or petitioner or
Sec. 2). omission was respondent resides
committed or any of or that which has
its elements jurisdiction over the
occurred (Rule on place where the
the Writ of Amparo, data or information
Sec 3). is gathered,
• -g. collected or stored
(Rule on WHD, Sec
■ 1______ t; 4).
4. SC or any Returnable before Returnable before Returnable before

member__ tel: the court or any such Court or any such Court or any
suctseurt 3 member thereof or justice thereof, or justice thereof, or
<• . ?:;3 before an RTC or the Sandiganbayan before the CA or the
any judge thereof or CA or any of their Sandiganbayan or
. . -J
(ROC. Rule 102, justices, or lo any any of its justices, or
Sec. 2). RTC of the place lo any RTC of the
where the threat, act place where the
or omission was petitioner or
' -M- committed or any of respondent resides
its elements or that which has
occurred (Rule on jurisdiction over the
the Writ of Amparo, place where the
Sec 3). data or information
REMEDIAL LAW!
Writ of Habeas Writ of Amparo Writ of Habeas

• Corpus Data
Is gathered,
collected or stored
(Rule on WHD, Sec.
4).
As to When | Date and time of Summary hearing Summary hearing
Hearing is j hearing is specified shall be conducted shall be conducted
Conducted | in the writ (ROC, nol later than seven not later than 10
I Rule 102, Sec. 8). (7) days from the working days from
date of the issuance the date of Ihe
■ < of the writ (Rule on issuance of the writ
the Writ of Amparo, (Rule on WHD, Sec.
* Sec. 6). 5).
As to Whom | Served to the Served upon the respondent personally,
Served i person to whom it is but if it cannot be served personally, the
I directed; and if not rules on substituted service shall apply
1 "zu- | found or has not the (Rule on the Writ of Amparo, Sec. 8; Rule
| prisoner in his on WHD. Sec.9).
* | custody, to the other
| person having or
U"- ’v- I exercising custody
^r .-- 1 (ROC. Rule 102.
■■ ■| Sec. 7).
As to Neglect or 1 If the person to If the respondent refuses to make a return

Refusal to Make 1 whom the writ is or makes a false return, he may be
a Return 1 directed neglects or punished with imprisonment or fine for
• : 1 refuses to obey or committing contempt (Rule on the Writ of
• ■. \ ■■ I make return of the Amparo, Sec. 16; Rule on WHD. Sec. 11).
1 same, or makes a
| false return thereof.
I or who, upon
1 demand made by or
on behalf of the
prisoner, refuses to
• • * '; 1 deliver to the person
demanding, within 6
hours after the
demand therefore, a
true copy of the
warrant or order of
commitment. he
, ■> ■ * ■' :> (
shall forfeit to the
party aggrieved the
sum of P1.000 and
■ '■■■/
may be punished for
contempt (ROC,
Rule 102, Sec. 16).
As to Who Files The person who The person who files the return is the
the Return makes the return is respondent Rule on the Writ of Amparo.
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Writ of Habeas i Writ of Amparo j Writ ol Habeas I

Corpus ■ . L’"J I
the officer by whom Sec. 9; Rule on WHD, Sec. 10)
the prisoner is
imprisoned or the
person in whose
custody the prisoner
is found (ROC, Rule
102. Sec. 8).
Respondent will be If the respondent In case Ihe
tTTf cited in contempt of fails to file a return, respondent fails to
court (In re Salibo v. the court, justice or file a return, the
Warden, G.R. No. judge shall proceed court, justice or
197597, April 8, to hear the petition judge shall proceed
2015). ex parte (Rule on to hear the petition
the Writ of Amparo. ex parte, granting
Sec. 12). the petitioner such
relief as the petition
may warrant unless
the court in its
1 discretion requires
the petitioner to
submit evidence
(Rule on WHD, Sec.
n*vllv»,„ > <
?£s® itert ialS'j Thore are prohibited pleadings and
motions (Rule on the Wht of Amparo, Sec
RI Efe are-;; 11. Rule on WHD. Sec. 13)
1 Unless for good The court, justice or

SHTiftrffinnlcfc cause shown. Ihe judge may grant the
■ ■3 • i 3
"fl hearing is following interim
adjourned, in reliefs:
which event Ihe 1. Temporary
court shall make protection order;
an order for the 2. Inspection order;
safe keeping of 3. Production order;
the person and
imprisoned or 4. Witness
restrained as the protection order
nature of the case (Rule on the Writ
requires; and of Amparo. Sec.
, 2. The court or
{ .. v .-„..Vp*# a* 14).
judge is satisfied
that the person's
PrtllFAwS
te» illness is so grave
that he cannot be
produced without
any danger
(ROC. Rule 102.
Sec. 12).
REMEDIAL LAWD
Lqw-RGCT Bw Oporations Cooler □
San Buda
Writ of Habeas Writ of Amparo I Writ of Habeas

Corpus . Data
As to When Judgment shall be rendered within 10 days

Judgment is from the lime the petition is submitted for
Rendered decision (Rule on the Writ of Amparo, Sec.
10; Rule on WHD, Sec. 16).
As to Period of Within 48 hours Five (5) working Five (5) working
Appeal of from notice of the days from the date days from tho dale
Judgment judgment or final of notice of the of notice of Ihe
t't-- order appealed from adverse judgment. judgment or final
n-' (ROC, Rule 41, Sec. Filed with SC via order. Filed wilh SC
3). Rule 45 (Rule on the via Rule 45 (Rule on
Writ of Amparo, WHD. Sec. 19).
Sec. 19).
As to Once. a person May be consolidated with a criminal action
Consolidation detained is duly filed subsequent lo the petition (Rule on
with a Criminal charged in court, he the Writ of Amparo. Sec. 23; Rule on WHD,
Action may no longer Sec. 21).
question his
detention through a
petition for issuance
of a writ of habeas
; corpus (Go, Sr. v.
Ramos, G.R. Nos.
167569. 167570 and
171946, September
4, 2009).
As to Quantum It detention is by Quantum of proof is substantial evidence
of Proof public authority, the (Rule on the Writ of Amparo, Sec. 17; Rule
Required | quantum of proof is on WHD. Sec. 16).
clear and convincing
evidence.
If detention is by
private authority, the
quantum of proof is
preponderance of
evidence (ROC,
Rule 41. Sec. 13).
Q: What are the allegations required for petitions for habeas corpus involving
minors?
ANS: The allegations required for petitions for habeas corpus involving minors are the
following:
1. Thal the petitioner has the right of custody over the minor;
Note: The question of illegal and involuntary restraint of liberty is not the
underlying rationale for the availability of the writ as a remedy; rather, the
writ of habeas corpus is prosecuted for the purpose of determining the right
of custody over a child (Sombong v. CA, G.R. No. 111876, January 31,1996);
2. I hat the rightful custody of the minor is being withheld from the petitioner by
the respondent; and
fflBEDAN RED BOOK
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3. That it is to the best interest of the minor concerned to be in the custody of

petitioner and not that of the respondent (Sombong v. CA. et al, G.R. Ho.
111976, January 31. 1996).
Note: The general rule is that that parents should have custody over their
minor children. But the State has the right to intervene v/here the parents,
rather than care for such children, treat them cruelly and abusively,
impairing their growth and well-being and leaving them emotional scars that
they carry throughout their lives unless they are liberated from such parents
and properly counseled (Vingson v. Cabcaban, UDK No. 14817, January
13. 2014).
Q: What is the purpose of the petition for the writ of habeas corpus in relation to
custody of minors?
ANS: In cases involving minors, the purpose of a petition for habeas corpus is not
limited to Ihe production of the child before the court; the main purpose of the petition for
habeas corpus is to determine who has the rightful custody over the child (Baglas v.
Santos. G.R. No. 166682, November 27, 2009).
Q: Which court should a petition for writ of habeas corpus in relation to the
custody of minors be filed?
ANS: A verified petition for a writ of habeas corpus involving custody of minors shall be
filed with the Family Court. The petition may however be filed with the regular court in
Ihe absence of the presiding judge of the Family Court, provided however that the
regular court shall refer the case to the Family Court as soon as its presiding judge
returns lo duty. The petition may also be filed with the SC. CA. or with any of its
members, and. if so granted the writ shall be enforceable anywhere in the Philippines.
(A.M. No. 03-04-04-SC. Sec. 20).
Q: What is the territorial extend of a writ of habeas corpus in relation to the

custody of minor?
ANS: A writ of habeas corpus issued by the Family Court shall be enforceable within
the judicial region to which Ihe Family Court belongs and. if such writ was granted by the
SC. CA. or any of its members, the writ shall be enforceable anywhere in the Philippines
(A.M. No. 03-04-04-SC. Sec. 20).
Q: When will a motion to dismiss prosper in petitions for writ of habeas corpus
involving custody of minors?
ANS: A motion lo dismiss the petition is not allowed except on the ground of lack of
jurisdiction over Ihe subject matter or over the parties. Any other ground that might
warrant the dismissal of the petition may be raised as an affirmative defense in the
answer (A.M. No. 03-04-04-SC. Sec. 6).
N. WRIT OF AMPARO
Q: What is the petition for a writ of amparo?
ANS A writ of amparo is a remedy available to any person whose right to life, liberty,
and security has been violated or is threatened with violation by a public official or
employee or a private individual or entity. The writ covers extralegal killings and
enforced disappearances or threats thereof (Rule on Ihe Writ of Amparo. Sec. 1).
Q: Is government involvement in the disappearance an indispensable for the writ

of amparo to issue?
ANS: Yes. For the protective writ of amparo to issue, allegation and proof that the
persons subject thereof are missing are not enough. It must also be shown and proved
by substantial evidence that the disappearance was carried out by. or with the
authorization, support or acquiescence of. the Stale or a political organization, followed
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by a refusal to acknowledge the same or give information on the fate or whereabouts of

said missing persons, with the intention of removing them from the protection of Ihe law
for a prolonged period of time. Simply put, the petitioner in an amparo case has the
burden of proving by substantial evidence the indispensable element of government
participation (Navia v. Pardico. G.R. No. 184467, June 19, 2012).
Q: What are the distinctions between a Writ of Amparo and a Search Warrant?
As to
WRIT OF AMPARO v. SEARCH WARRANT
AmP'<rn J / iSearShxiAlarrant
Protective: To protect a person’s right Criminal Prosecution:

■
To
Purpose to life, liberty or security (Rule on Writ discover and seize personal
of Amparo, Sec. 1). property in furtherance of
criminal prosecution (ROC, Rule
126, Sec 3).
as to J SC, CA, Sandiganbayan, or RTC RTC or MTC within whose
•Where where threat or act committed (Rule territorial jurisdiction/ judicial
Filed i on the Writ of Amparo, Sec. 3). region a crime was committed I
Asto j Private or public person (Rule on the Peace officer or law

Person Writ of Amparo, Sec. 3). enforcement agency only (ROC,
Initiating, Rule 126. Sec 1)
' A'sjtp^ } ; Under the Inspection and Production Personal property is seized
Seizure of# Orders, personality is not seized but (ROC. Rule 126, Sec. 3).
Personality merely inspected or copied (Rule on
Ihe Writ of Amparo, Sec. 14(b)).
Q: Who may file a petition for issuance of writ of amparo?

ANS: The petition for writ nf amparo may be filed by the aggrieved party or by any
qualified person or entity in the following order:
1. Any member of the immediate family, namely: the spouse, children and
parents of the aggrieved party;
2. Any ascendant, descendant or collateral relative of the aggrieved party
within the fourth civil degree of consanguinity or affinity, in default of those
mentioned in the preceding paragraph; or
3. Any concerned citizen, organization, association or institution, if there is no
known member of the immediate family or relative of the aggrieved party.
Note: The filing of a petition by the aggrieved party suspends the right of all other
authorized parties to file similar petitions. Likewise, the filing of the petition by an
authorized party on behalf of the aggrieved party suspends the right of all others,
observing the order established herein (Rule on the Writ of Amparo, Sec. 2).
Q: What are the contents of the petition for a writ of amparo? (PRZIAR)
ANS: The petition for a writ of amparo shall be signed and verified and shall allege the
following:
1. The personal circumstances of the Petitioner;
2. The name and personal circumstances of the Respondent responsible for
the threat, act or omission, or. if the name is unknown or uncertain. Ihe
respondent may be described by an assumed appellation;
3. The Right to life, liberty and security of the aggrieved party violated or
threatened with violation by an unlawful act or omission of the respondent
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and how such threat or violation is committed with the attendant

circumstances detailed in supporting affidavits;
4. The Investigation conducted, if any, specifying the names, personal
circumstances, and addresses of the investigating authority or individuals,
as well as Ihe manner and conduct of the investigalion. together v/ith any
report;
5. The Actions and recourses taken by the petitioner to determine the fate or
whereabouts of the aggrieved party and the identity of the person
responsible for the threat, act or omission; and
6. The Relief prayed for (Rule on tho Writ of Amparo. Soc. 5).
Q: What are the contents of return in a petition for writ of amparo?

ANS: Within 72 hours after service of the writ, the respondent shall file a verified written
return together with supporting affidavits which shall, among other things, contain the
following;
1. The lawful defenses to show that the respondent did not violate or threaten
with violation the right to life, liberty and security of Ihe aggrieved party,
through any act or omission;
2. The steps or actions taken by the respondent to determine Ihe fate or
whereabouts of the aggrieved party and the person or persons responsible
for the threat, act or omission;
3. All relevant information in Ihe possession of the respondent pertaining to the
threat, act or omission against the aggrieved party;
4 If the respondent is a public official or employee. Ihe return shall further
state Ihe actions that have been or will still be taken
a. to verify the identity of Ihe aggrieved party;
b. to recover and preserve evidence related to the death or disappearance
of the person identified in the petition which may aid in the prosecution
of the person or persons responsible;
c. lo identify witnesses and obtain statements from them concerning Ihe
death or disappearance;
d. to determine Ihe cause, manner, location and time of death or
disappearance as well as any pattern or practice that may have brought
about the death or disappearance;
e. lo identify and apprehend the person or persons involved in the death
or disappearance; and
f. to bring the suspected offenders before a competent court; and
5. The return shall also stale other matters relevant to Ihe investigation, its
resolution and Ihe prosecution of Ihe case.
Note: A general denial of the allegations in the petition shall not be allowed (Rule on
Ihe Writ of Amparo. Sec. 9).
Q: What are the effects of the failure to file the return after service of writ of
amparo?
ANS: The effects of the failure to file the return after service of writ of amparo are the
following:
1. The respondent waives any defense that he may have had (Rule on the Writ
of Amparo, Sec. 10);
2. The court shall proceed to hear the petition ex parte (Rule on the Writ of
Amparo. Sec. 12); and
3. The court may cite for contempt a respondent who refuses to make a return
(Rule on the Writ of Amparo, Sec. 16).
Q: What is the Omnibus Waiver Rule under the Rule on the Writ of Amparo?
ANS: All defenses shall be raised in Ihe return, otherwise, they shall be deemed waived
(Rule on the Writ of Amparo. Sec. 10).
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Q: What is the nature of the hearing on the petition for writ of amparo!
ANS: The hearing on the petition for writ of amparo shall be summary. However, the
court, justice or judge may call for a preliminary conference to simplify the issues and
determine the possibility of obtaining stipulations and admissions from the parties (Rule
on the Writ of Amparo. Sec. 13).
Q: What is the effect of the writ of amparo on the filing of a separate criminal,
civil, or administrative action?
ANS: The filing of a petition for the writ of amparo shall not preclude the filing ol
separate criminal civil or administrative action (Rule on the Writ of Amparo, Sec. 21).
Q: What is the effect when a criminal action arising out of the act or omission
subject of the amparo case has been commenced?
ANS: When a criminal action has been commenced, no separate petition for the writ
shall be filed. The reliefs under the writ shall be available by motion in the criminal case
(Rule on the Writ of Amparo, Sec. 22).
Q: When is a petition for a writ of amparo consolidated with the criminal action?
ANS: The petition for writ of amparo shall be consolidated with the criminal aclion in
any of the following cases:
1. When a criminal action is filed subsequent to the filing of a petition for Ihe
writ, the latter shall be consolidated with Ihe criminal action; or
2. When a criminal action and a separate civil action are tiled subsequent loa
petition for a writ of amparo, the latter shall be consolidated with the criminal
action.
Note: After consolidation, the pioceduie under this Rule shall continue to apply tu the
disposition of the reliefs in the petition (Rule on the Writ of Amparo. Sec. 23).
Q: What are the interim reliefs available to petitioner upon filing of the petition for
a writ of amparo! (TIP-W)
ANS: Upon filing of the petition or at any time before final judgment, the court, justice
or judge may grant any of the following interim reliefs:
1. Temporary Protection Order - The court, justice or judge, upon motion or
motu proprio, may order that the petitioner or the aggrieved party and any
member of the immediate family be protected In a government agency or by
an accredited person or private institution capable of keeping and securing
their safely. If the petitioner is an organization, association or institution
referred to in Section 3 (c) of this Rule, the protection may be extended lo
the officers involved;
2. Inspection Order - The court, justice or judge, upon verified motion and
after due hearing, may order any person in possession or control of a
designated land or other property, to permit entry for the purpose ol
inspecting, measuring, surveying, or photographing the property or any
relevant object or operation thereon;
3. Production Order - The court, justice, or judge, upon verified motion and
after due hearing, may order any person in possession, custody or control of
any designated documents, papers, books, accounts, letters, photographs,
objects or tangible things, or objects in digitized or electronic form, which
constitute or contain evidence relevant to the petition or the return, lo
produce and permit their inspection, copying or photographing by or on
behalf of the movant; and
4. Witness Protection Order - The court, justice or judge, upon motion or
motu proprio, may refer the witnesses to the Department of Justice lor
admission to the Witness Protection, Security and Benefit Program,
pursuant to R.A. No. 6981 (Rule on the Writ of Amparo, Sec. 14).
IS EEDAN RED BOOK
Note: The court may issue a TPO without motion since the life, liberty, and security of
the petitioner are at stake. If there is a motion, it need not be verified (Rodriguez v.
Macapagal-Arroyo, G.R. No. 191005 and 193160, November 15. 2011).
Q: What are the interim reliefs available to respondent upon filing of the return in
petition for writ of amparo?
ANS: Upon verified motion of the respondent and after due hearing, the court, justice
or judge may issue:
1. Inspection Order - to order any person in possession or control of a
designated land or other property, to permit entry for the purpose of
inspecting, measuring, surveying, or photographing Ihe property or any
relevant object or operation thereon. The motion for inspection shall be
supported by affidavits or testimonies of witnesses having personal
knowledge of the defenses of the respondent; and
2. Production Order - to order any person in possession, custody or control of
any designated documents, papers, books, accounts, letters, photographs,
objects or tangible things, or objects in digitized or electronic form, which
constitute or contain evidence relevant to the petition or the return, to
produce and permit their inspection, copying or photographing by or on
behalf of the movant; (Rule on the Writ of Amparo, Sec. 15).
Q: What is the quantum of proof needed for the parties to establish their claims in
a petition for amparo?
ANS: The parties shall establish their claims by substantial evidence (Rule on the Writ
of Amparo, Sec. 17).
Q: What is the standard of diligence required of the respondent in the

performance of his duty?
ANS: The standard to be observed is:
1 Ordinary diligence in case of a private individual or entity; or
2 . Extraordinary diligence in case of a public official or employee
Note: The respondent public official or employee cannot invoke the presumption that
official duty has been regularly performed to evade responsibility or liability (Rule on Writ
of Amparo, Sec. 17)
Q: What is the relaxed evidentiary rule on the admissibility of evidence in amparo

cases?
ANS: The fair and proper rule is lo consider all the pieces of evidence adduced in their
totality, and lo consider any evidence otherwise inadmissible under the usual rules to be
admissible if it is consistent with the admissible evidence adduced. In other words, the
rules are reduced to the most basic test of reason — i.e., to the relevance of the
evidence to the issue at hand and its consistency with all other pieces of adduced
evidence. Thus, even hearsay evidence can be admitted if it satisfies this basic
minimum lest (Razon, Jr. v. Tagitis, G.R. No. 182498. December 3, 2009).
0. WRIT OF HABEAS DATA

Q: What is a writ of habeas data?
ANS: A writ of habeas data is a remedy available to any person whose right to privacy
in life, liberty or security is violated or threatened by an unlawful act or omission of a
public official or employee, or of a private individual or entity engaged in the gathering,
collecting or storing of data or information regarding Ihe person, family, home and
correspondence of the aggrieved party (Rule on WHD, Sec. 1).
REMEDIAL LAW|
Q: What is the nature and purpose of writ of habeas data?

ANS: The writ of habeas data is an independent and summary remedy designed lo
protect the image, privacy, honor, information, and freedom of information of an
individual, and to provide a forum to enforce one's right to the truth and to informational
privacy. Il seeks to protect a person's right to control information regarding oneself,
particularly in instances in which such information is being collected through unlawful
means in order lo achieve unlawful ends. (Gamboa v. Chan. G.R. No. 193636, July 24
2012).
Q: When shall the court issue writ of habeas data?

ANS: Upon the Tiling of the petition, the court, justice or judge shall immediately order
the issuance of the writ if on its face it ought to issue (Rule on WHDt Sec. 7). The
petition must adequately show that there exists a nexus between Ihe right to privacy on
the one hand, and the right to life, liberty or securily on the other (Lee v. Hagan, G.R.
No. 203254. Oct. 8. 2014).
Q: Who may file for a petition of writ of habeas data?

ANS: Any aggrieved party may file a petition for the writ of habeas data. However, in
cases of extralegal killings and enforced disappearances the petition may be filed by:
1. Any member of the immediate family of Ihe aggrieved party, namely: the
spouse, children and parents; or
2. Any ascendant, descendant or collateral relative of the aggrieved party within
Ihe fourth civil degree of consanguinity or affinity, in default of those
mentioned in the preceding paragraph (Rule on WHD. Sec. 2).
Note: Unlike in amparo cases, human rights organizations or institutions are no longer
allowed to file the petition.
Q: When is a respondent served with a writ of habeas data mandated to file a

return?
ANS: The respondent shall file a verified written return together with supporting
affidavits within five (5) working days from service of the writ, which period may be
reasonably extended by the Court for justifiable reasons (Rule on WHD. Sec. 10).
Q: What are the contents of the return in a petition for writ of habeas data?
(D-CDAC-O)
ANS: The return shall, among other things, contain the following
1. The lawful Defenses such as national securily. state secrets, privileged
communication, confidentiality of the source of information of media and
others;
2. In case of respondent in Charge, in possession or in control of the data or
information subject of the petition:
a. A Disclosure of the data or information about tlio petitioner, Ihe nature
of such data or information, and the purpose for its collection;
b. The steps or Actions taken by the respondent lo ensure Ihe securily
and confidentiality of the data or information; and
c. The Currency and accuracy of Ihe data or information held; and
3. Other allegations relevant to the resolution of the proceeding.
Note: A general denial of the allegations in Ihe petition shall not be allowed (Rulo on
the WHD. Sec. 10).
Q: When can the hearing on the petition for writ of habeas data be made In
chambers?
ANS: While hearing is generally made in public, a hearing on the petition for writ ol
habeas data may be conducted in chambers when:
1. The respondent invokes the defense that the release of the data or
information in question shall compromise national securily or stale secrets; or
aBEDAN RED BOOK
“ Volume II | Series ol 2020/21
2. The data or information cannot be divulged to the public due to its nature or
privileged character (Rule on WHD. Sec. 12).
Q: When shall a final judgment for the petitioner be enforced?

ANS: Upon its finality, the judgment shall be enforced by the sheriff or any lawful officer
as may be designated by the court, justice or judge within five work days (Rule on WHD
Sec. 16).
Q: What is the obligation of the officer who executed the final judgment?
ANS: The officer who executed the final judgment shall, within three days from its
enforcement, make a verified return to the court. The return shall contain a full
statement of Ihe proceedings under the writ and a complete inventory of the database or
information, or documents and articles inspected, updated, rectified, or deleted, with
copies served on the petitioner and the respondent (Rule on WHD, Sec. 17).
Q: When is a petition for writ of habeas data consolidated with the criminal action?
ANS: The petition for a writ of habeas data shall be consolidated with a criminal action
when:
1 . When a criminal action is filed subsequent to the filing of a petition for the
writ, the latter shall be consolidated with the criminal action;
2 When a criminal action and a separate civil action are filed subsequent to a
petition for a writ of habeas data, the petition shall be consolidated with the
criminal action
Note: After consolidation, the procedure under this Rule shall continue to govern the
disposition of the reliefs in the petition (Rule on WHD. Sec. 21).
Q: What is the effect of commencing a criminal action on the filing of a petition for
writ of habeas data?
ANS: When a criminal action has been commenced, no separate petition for the writ
shall be filed. The reliefs under the writ shall be available to an aggrieved party by
motion in the criminal case (Rule on WHD. Sec. 22).
Q: What is the effect of the filing of the petition for writ of habeas data on the right
to file other actions?
ANS: The filing of a petition for the writ of habeas data shall not preclude the filing of
separale criminal, civil or administrative actions (Rule on WHD. Sec. 20).
Q: What is the quantum of proof of the allegation in a writ of habeas data case?
ANS: The quantum of proof needed in a writ of habeas data is substantial evidence or
that amount of relevant evidence which a reasonable mind might accept as adequate to
support a conclusion (Rule on WHD, Sec. 16; RROE, Rule 133, Sec. 5).
P. CHANGE OF NAME
Q: What arc the distinctions among Rule 103, Rule 108, and R.A. 9048 as amended
by R A. Nn. 10172 in relation tn change of name?
ANS: They arc distinguished as follows:
RULES ON CHANGE OF NAME
..
R.A, 9048 as amended I
.. j Rule lO'i . Rule <108 _
Scope ol Change of full name Correction of 1. Correction of clerical

Subject or surname substantial errors or or typographical
Matter (substantial cancellation of error; or
corrections) entries in the civil 2. Change of first name
registry (substantial or nickname;
corrections). 3. The day and month
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i R.A. 9048 as amended
7" J in the date of birth; o

4. Sex of a person
where it is patently
P ' - clear that there was
a clerical or
typographical error to
i.................... mistake in the entry
(Sec. 1).
* Naturc;ot 1. Judicial; and 1. Judicial; 1. Administrative; and
Proceedings 2. Hearing is 2. Hearing is 2. No hearing is
necessary. necessary; and required.
i- ' 3. Adversarial in
nature because it
involves
i*• .4 substantial
changes and
affects the status
i ...... of the individual.
Who may A person desiring to Any person Any person having

i „ change one’s name interested in any direct and persona
(Sec. 1). act, event, order or interest in the correction
decree concerning of a clerical o
the civil status of typographical error in
persons which has an entry and/or change
been recorded in the of first name o
civil register (Sec. nickname (Sec. 3).
1).
Signed and verified Verified petition for Verified petition in Ihe
■ petition (See. 2). the cancellation or form of affidavit (Sec. 3
correction of any and 5).
entry (See. 1).
Whore io RTC of the province RTC of the city or 1. Local civil registry
File in which petitioner province where the office of the city o
! '' J
resided for three (3) corresponding civil municipality where
years prior to filing registry is located the record being
■ (Sec. 2). (Sec. 1). sought to be
corrected or changed
:
is kept;
2. Local civil registrar of
the place where the
interested party is
■ ■ presently residing or
domiciled. if
J--; st’/ petitioner has
already migrated to
I j another place in the
country; or
3. Nearest Philippine
consulate in case of
■ BEDAN RED BOOK
■ Volumo II | Sonos of 2020/21
1 I Rule 103 I ■ Rule 108 R.A. 9048 as amended

citizens of Ihe
Philippines residing
or domiciled in
foreign countries
(Sec. 3).
Contents of 1. That petition has 1. That petition has 1. Fads necessary to

Petition been a bona fide been a bona fide establish the merits
resident of the resident of the of the petition;
province where the province where 2. That the petitioner is
petition is fifed for the petition is filed competent to testify
at least three (3) for at least three lo Ihe matters stated;
.J years prior to the (3) years prior lo 3. Particular erroneous
date of such filing; the date of such entry or entries,
filing; which are sought to
■■ 1
2 The cause for 2. The cause for be corrected and/or
which the change which Ihe change Ihe change sought to
of petitioner's of petitioner's be made; and
name is sought; name is sought; 4. Petition shall be
■ 1 3 The name asked and supported by Ihe
for. and 3. The name asked documents required
__ ,,,, .... •.'v'.JlFjn■ 4All names by which
SL for by laws (Sec. 5. as
petitioner is known amended by Sec. 3,
(Sec. 2). R.A. No. 10172).
GrOUT§||S 1 Name is ridiculous, Good and valid 1. Petitioner finds the
dishonorable or grounds (Sec. 2). first name or
extremely difficult nickname to be
to write or ridiculous, tainted
pronounce; with dishonor or
2 Change is a legal extremely difficult to
consequence of write or pronounce;
legitimation or 2. The new first name
adoption; or nickname has
3. Change will avoid been habitually and
4 rtf® confusion; continuously used
f ’ '-XO 4. One has by petitioner and he
continuously used has been publicly
and been known known by thal first
since childhood by name or nickname in
a Filipino name Ihe community; or
fl and was unaware 3. The change will
of alien parentage; avoid confusion
5. Change is based (Sec. 4).
on a sincere desire
lo adopt a Filipino
name to erase
signs of former
alienage, all in
good faith and
without prejudice to
anybody; or
] 6. Surname causes
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San Buda Law-RGCT Bar Operations Center ■
( Rule 103 . . . ■
embarrassment
r Rule 1.0b R.A. 9048 as amended I
I and there is no
■ . • ■ ••... showing that the
desired change of
name was for a
I fraudulent purpose,
or thal the change
of name would
I prejudice public
“I..--.— interest (Republic
Philippines v. CA,
G.R. No. 88202,
I December 14,
1998).
Notice and I At least once a week At least once a At least once a week for
Publication for three (3) week for three (3) two (2) consecutive
I consecutive weeks in consecutive weeks weeks (publish the,
* I a newspaper of in a newspapei of whole affidavit)—in i
I general circulation in general circulation in cases of change of first
I the province (notice the province (notice name or nickname, in
I and hearing) (Sec. 3). and hearing) (Sec. addition to the posting
. . ■ : •• 4). requirement.
Posting 1 Not required. Not required. 1. Duty of the civil
registrar or consul lo
:■- post petition in a
. - conspicuous place
?J ■ ■. for 10 consecutive
■. days:
... ' - 2. In the case of
migrant petitioner, i
the petition shall be
posted first al the
office of the Petition-
■ ‘ ..
Receiving Civil
Registrar for 10
consecutive days
before sending il lo
the Record-keeping
Civil Registrar
(RKCR). Upon
receipt, the RKCR
shall post again the
petition in his office
: ■ *•’ 1
for another 10
• •. ‘ consecutive days
: - V?" J (Implementing Rules
I ■ and Regulations ol
• ■1
R.A. 9048.
Administrative Order
•■p .‘/”X ■'■•'■'■x
No. 1, Series of
2001).
Ill BEDAN RED BOOK
° Volumo II | Soriosol 2020/21
8iiie:lW? F?ulo10B R.A, 904B as

Personsitb | 1. Solicitor General; Civil Registrar. 1. Civil Registrar;
be Notified 2. Provincial fiscal; 2. Consul
and
I 3. Interested parties I
(Sec. 4). ___________ ____ j
Where t Court of Appeals Court of Appeals Civil Registrar General j

c&pgesnis under Rule 41. under Rule 41. under Section 7. R.A. '
9048 or Court of
Appeals under Rule 43
(Sec. 7)
IDE LEON & WILWA YCO, Special Proceedings, pp. 537-540).
Q: What are the grounds for change of full name or surname for a petition in
accordance with Rule 103? (RDD-LAC2UDEE)
ANS: Any of the following are sufficient grounds to warrant a change of name:
1. Name is fiidiculous. Dishonorable or extremely Difficult to write or pronounce;
2. Change is a legal consequence of Legitimation or Adoption;
3. Change will avoid Confusion;
4 One has Continuously used and been known since childhood by a Filipino
name and was Unaware of alien parentage;
5. Change is based on a sincere Desire to adopt a Filipino name to Erase signs
of former alienage, all in good faith and without prejudice to anybody; or
6 Surname causes Embarrassment and there is no showing that the desired
change of name was for a fraudulent purpose, or that the change of name
would prejudice public interest (Republic of the Philippines Philippines v. CA.
G.R. No. 88202. December 14. 1998).
Q: What arc the grounds for change of First Name or Nickname under R.A. 9048?
(RDD-UPC)
ANS: The petition for change of first name or nickname may be allowed in any of the
following cases:
1. The petitioner finds the first name or nickname lo be Ridiculous, tainted
with Dishonor or extremely Difficult to write or pronounce;
2. The new first name or nickname has been habitually and continuously
ysed by the petitioner and he has been Publicly known by that first name
or nickname in the community; or
3. The Change will avoid confusion (R.A. No. 9048. Sec. 4).
Q. ABSENTEES
Q: Who is an absentee?
ANS: An absentee is a person who disappears from his domicile, his whereabouts
being unknown, and without having left an agent lo administer his property, or the
power conferred upon the agent has expired, any interested party, relative or friend
Q: What is the purpose of the appointment of representative in case of

absence?
ANS: The law requires the judge to appoint a representative for Ihe absentee
precisely to safeguard the property or interest of the latter. It is thus imperative that
the declaration of absence be for a specific purpose, and that purpose can be no
other than Ihe protection of the interest or properly of the absentee (In re: Reyes v.
Alejandro. G.R. No. L-32026. January 16. 1986).
1
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Q: When may a person file for the judicial declaration of absence?

ANS: After the lapse of two (2) years from his disappearance and without any news
about the absentee or since the receipt of the last news, or of five (5) years in case
the absentee has left a person in charge of the administration of his property, Ihe
declaration of his absence and appointment of a trustee or administrator may be
applied (ROC. Ruis 107. Sec. 2).
Q: Who may file the petition for declaration of absence?

ANS: The declaration of absence and appointment of a trustee or administrator may
be applied for by any of the following:
1. The spouse present;
2. The heirs instituted in a will, who may present an authentic copy of the
same:
3. The relatives who would succeed by the law of intestacy; and
4. Those who have over the property of the absentee some right
subordinated to the condition of his death (RULE 107, Sec. 2).
R. CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY

Q: What are the effects of the enactment of R.A. 9048 on the judicial remedies
under Rule 103 and Rule 108?
ANS: R.A. 9048 removed from the ambit of Rule 108 correction of clerical or
typographical errors and that Rule 108 applies only lo subalunlial changes or correction
of entries in the civil register (Republic v. Cagandahan. G.R. No. 166676, Sept. 12.
2008). A person may still avail judicial remedies under Rule 103 or Rule 108 after Ihe
petition in the administrative proceedings under R.A. 9043. as amended, is filed and
later denied (Bartolome v. Republic, G.R. No. 243280, (August 28, 2019). Also, Sec. 3
of R.A. 9048, as amended, provides that all petitions for the clerical or typographical
errors and/or change of first names or nicknames may be availed of only once. Hence, if
a person has availed of a petition for correction or clerical typographical error under R.A.
9048, and he wants io correct another clerical or typographical error, he should file a
petition with the RTC under Rule 108 (2 RIGUERA. supra at 265-266).
Q: What corrections can be made under R.A. 9048 as amended by R.A. 10172?
ANS: The concerned city or municipal civil registrar or consul general can make
corrections on the following without need of judicial order:
1. Clerical or typographical error;
2. Change of first name or nickname:
3. Change of the day and month in the date of birth; or
4. Sex of a person where it is patently clear that there was a clerical or
typographical error or mistake in the entry (R.A. 9048. as amended, Sec. 1).
Q: What are the entries that are subject to correction under Rule 108, in relation to
R.A. 9048, as amended? (BAD-FIN2AL2-MVC)
ANS: The entries that are subject to correction under Rule 108, in relation lo R.A. 904B
are the following:
1. Births:
2. Carriage;
3. Deaths;
4. Legal separations;
5. Judgments of Annulments of marriage;
6. Judgments declaring marriages Void from the beginning;
7. Legitimations;
8. Adoptions;
9. Naturalization;
10. Election, loss or recovery of Citizenship;
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11. Civilfnterdiction;
12. Judicial determination of Filiation (ROC, Rule 108, Sec.2); and
13. Changes of Qame except for clerical or typographical errors and change of
first name or nickname which is initially instituted by an administrative
proceeding (R.A. 9048, as amended. Sec. 1)
Note: Voluntary emancipation of a minor is removed from the enumeration pursuant lo
Art. 234 of the Family Code, as amended by R.A. 6809, which provides that
emancipation takes place by the attainment of majority. Likewise, acknowledgment of
natural children is also removed pursuant lo the Family Code, which no longer
recognizes natural children.
Q: What are the procedural requirements in cancellation and correction of entries
under Rule 108? (VPORP)
ANS: The following procedural requirements in cancellation and correction of entries
under Rule 108 must be complied with:
1. Filing a Verified petition (ROC. Rule 108. Sec. 1),
2. Naming as Earties all persons who have or claim any interest which would
be affected (ROC. Rule 108, Sec. 3),
3. Issuance by the court of an Order fixing the time and place of hearing;
4. Giving Reasonable notice to the parties named in the petition (ROC, Rule
108. Sec. 4); and
5. Publication of the order once a week for 3 consecutive weeks in a
newspaper of general circulation (ROC, Rule 108, Sec. 4).
Q: What clerical errors are covered under R.A. 9048, as amended by R.A. 10172?
ANS: Clerical or typographical error refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing or typing an entry in the
civil register that is harmless and innocuous, such as:
1. Misspelled name or misspelled place of birth;
2. Mistake in the entry of day and month in the date of birth; or
3. The sex of the person or Ihe like, which is visible lo the eyes or obvious to
Ihe understanding, and can be corrected or changed only by reference to
other existing record or records: Provided, however, that no correction
must involve the change of nationality, age, or status of the petitioner (R.A
9048. as amended. Sec. 2. par. 3).
Q: What are the requirements for filing of the petition for correction or
typographical error in the civil registry under R.A. 9048 as amended?
ANS: The petition for correction of a clerical or typographical error, or for change of
first name or nickname, as the case may be, shall be:
1. In the form of an affidavit:
a. Setting forth Ihe facts necessary to establish the merits of the
petition;
b. Showing affirmatively that ihe petitioner is competent lo testify to the
matters staled; and
c. Stating the particular erroneous entry or entries, which are sought lo
be corrected and/or Ihe change sought to be made; and
2. Subscribed and sworn to before any person authorized by law to
administer oaths (R.A. 9048. as amended. Sec. 5).
Q: What are the documents to be attached to the petition?

ANS: The petition shall be supported with Ihe following documents:
1. A certified true machine copy of the certificate or of the page of the
registry book containing the entry or entries sought to be correcled or
changed;
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2. At least 2 public or private documents showing the correct entry or entries

upon which the correction or change shall be based; and
3. Other documents which the petitioner or the city or municipal civil registrar
or the consul general may consider relevant and necessary for the
approval of the petition (R.A. 9048, as amended. Sec. 5).
S. APPEALS IN SPECIAL PROCEEDING

JUDGMENTS AND ORDERS FOR WHICH APPEAL MAY BE TAKEN
Q: What are the orders or judgments in special proceedings from which an
appeal may be taken? (WH-CARS)
ANS: An interested person may appeal in special proceedings from an order or
judgment rendered by a RTC or a Family Court, where such order or judgment:
1. Allows or disallows a Will;
2. Determines who are the lawful Heirs of a deceased person, or the distributive
share of the estate to which such person is entitled;
3. Allows or disallows, in whole or in part, any £laim against the estate ol a
deceased person, or any claim presented on behalf of the estate in offset lo a
claim against it;
4. Settles the Account of an executor, administrator trustee or guardian;
5. Constitutes, in proceedings relating to the settlement of the estate of a
deceased person, or the administration of a trustee or guardian, a final
determination in Ihe lower court of the flights of the party appealing, except
that no appeal shall be allowed from the appointment of a special
administrator; and
6. Is the final order or judgment rendered in the case, and affects Ihe
Substantial rights of the person appealing unless it be an order granting or
denying a motion for a new trial or for reconsideration (ROC, Rule 109, Sec. 1).
Note: Rule 109 enumerates the cases wherein multiple appeals are allowed and a
record on appeal is required for an appeal to be perfected (Republic of the Philippines v.
CA. G.R. No. 163604, May 6. 2005).
WHEN TO APPEAL
Q: What is the period to appeal in special proceedings?
ANS: The period of appeal in Special Proceedings shall be within 30 days after notice
of the judgment or final order (ROC, Rule 40. Sec. 2).
Q: What is the period to appeal in special proceedings if a motion for new trial or
reconsideration is filed and denied?
ANS: If a motion for new trial or reconsideration is filed and denied, appeal must be
made within the remaining period to appeal. A motion for extension of time to file Ihe
record on appeal may be granted. The 30-day period may be extended because, where
the record is voluminous or the appellant has other pressing matters to attend to, it may
not be practicable lo submit the record on appeal within the reglementary period
(Lacsamana v. Intermediate Appellate Court, G.R. No. 73146-53, August 26. 1986).
MODES OF APPEAL
Q: How is an appeal made in special proceedings?
ANS: Rule 109 contemplates multiple appeals during pendency of special proceedings.
A record on appeal, in addition to the notice of appeal, is thus required to be filed as Ihe
original records of the case should remain with the trial court to enable the rest of the
case to proceed in the event that a separate and distinct issue is resolved by said court
and held to be final (Republic v. Nishina, G.R. No. 186503, Nov. 15, 2010).
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RULE ON ADVANCE DISTRIBUTION

Q: When Is advance distribution of the estate allowed?
ANS: Notwithstanding a pending controversy or appeal in proceedings lo settle the
estate of a decedent, the court may, in its discretion and upon such terms as it may
deem proper and just, permit that such part of the estate may nol be affected by the
controversy or appeal be distributed among the heirs or legatees (ROC Rule 109, Sec.
2), upon compliance with either of the following conditions:
1. That the obligations mentioned in Section 1, Rule 90 of the Rules of Court,
viz., the debts, funeral charges, and expenses of administration, the
allowance to the widow, and inheritance tax. if any. chargeable to Ihe estate
in accordance with law. have been paid: or
2. That Ihe distributees or any of them, give a bond, in a sum lo be fixed by Ihe
court, conditioned for the payment of said obligations within such time as the
court directs (Lopez v. Hospicio De San Jose. G.R. No. 196628 (Nolice).
April 18. 2016)
Q: Why Is the probate court's order denying a motion for advance distribution not
appealable?
ANS: The order denying a molion for advance distribution is merely interlocutory and
Ihus not appealable (Ignacio v. Reyes. G.R. No. 213192, July 12. 2017).
A. GENERAL MATTERS
Q: What is criminal procedure?
ANS: Criminal procedure is a term to describe the network of laws and rules which
govern the procedural administration of criminal justice (Black's Law Dictionary. 5th Ed.,
p. 374).
Q: How is jurisdiction over the subject matter determined?
ANS: Jurisdiction of the court in criminal cases is determined by the allegations in the
complaint or information (Mobilia Products v. Umezawa, G.R. No. 149357, March 4, 2005).
Q: Distinguish jurisdiction over the subject matter from jurisdiction over the
person of the accused.
ANS: The following are the distinctions between jurisdiction over the subject matter
and jurisdiction over the person of the accused:
JURISDICTION OVER THE SUBJECT MATTER vs.
JURISDICTION OVER THE PERSON OF THE ACCUSED
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agreement of the parties (De voluntary appearance, such as

Joya v. Marquez. G.R. No. when he surrenders to the police or
162416. January 31. 2006). to the court (Miranda v. Tuliao, G.R.
No. 158763, March 31. 2006).
Lack of jurisdiction over the Any objection involving the arrest or

subject matter can always be the procedure in the court's
raised anytime, even for the first acquisition of jurisdiction over Ihe
lime on appeal, since person of an accused must be
jurisdictional issues cannot be made before he enters his plea;
waived subject, however, to Ihe otherwise, the objection is deemed
principle of estoppel by laches waived (People v. Badilla. G.R. No.
(Boston Equity Resources. Inc. v. 218578. August 31. 2016).
CA. G.R. No. 173946. June 19.
2013).
Q: What are the requisites for the valid exercise of criminal jurisdiction? (ATP)
ANS: The following are the requisites for the valid exercise of criminal jurisdiction:
1. The offense is one which the court Is by law Authorized lo take cognizance of;
2. The offense must have been committed within its Territorial jurisdiction; and
3. The Person charged with the offense must have been brought in to its forum
for trial, forcibly by warrant of arrest or upon his voluntary submission lo Ihe
court (Antiporda, Jr. v. Garchitorena. G.R. No. 133289, December 23. 1999).
Q: Why is venue an essential element of criminal jurisdiction?

ANS: Venue is an essential element of criminal jurisdiclion because it determinesnot
only the place where the criminal action is lo be instituted, hut also the court that has Ihe
jurisdiction to try and hear the case (Union Bank of the PHL v People. G.R. No. 192565.
February 28. 2012).
Q: Give an outline of the criminal jurisdiction of Philippine courts.

ANS: The following are the criminal jurisdiction of the different courts:
Exclusive Offenses punishable with imprisonment nol exceeding six (6)

Original years irrespective of the amount of fine and regardless of other
imposable accessory or other penalties, including Ihe civil liability
arising from such offenses or predicated thereon, irrespective of
kind, nature, value or amount thereof (B.P. 129. as amended by
R.A. No. 7691. Sec. 32(2)).
1
Note: The rule disregarding the amount of the fine and other
accessory penalties applies where the offense is punishable by
imprisonment or fine or both, but not when the offense is
punishable by fine only.
Note: The jurisdiclion of the MTC is qualified by Ihe phrase
"Except in cases falling within the exclusive jurisdiction of the RFC
and of the Sandiganbayan."
2. Where ihe only penalty provided for by law is a fine nol more than
P4.000 (A.C. No. 09-94).
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3. Offenses involving damage to property through criminal

negligence (B.P. 129 as amended. Sec. 32(2): R.A. 7691): and
4. Those covered by the Rules on Summary Procedure:
a. Violations of traffic laws, rules and regulations (B.P. 129 as
amended, Sec. 36):
b Violations of the rental law (B.P. 129 as amended, Sec. 36):
c. Violations of municipal or city ordinances (B.P. 129 as
amended. Sec. 32):
d. Violations of B.P. Big. 22 (A.M. No. 00-11-01-SC):
e. All other criminal cases where the penally is imprisonment not
exceeding six (6) months and/or P1.000 fine irrespective of
other penalties or civil liabilities arising therefrom (B.P. 129 as
amended. Sec. 32): and
f. Offenses involving damage to property through criminal
negligence where the imposable Tine does not exceed
P10.000 (B.P. 129 as amended, Sec. 32).
Special Jurisdiction on applications for bail in criminal cases in the

absence ot all RTC judges in a province ui city (B.P. 129 as
amended. Sec. 35).
REGIONAL TRIAL COURT
Exclusive Criminal cases not within the exclusive jurisdiction of any court,
Original ... tribunal or body, except those falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan (B.P. 129 as
amended. Sec. 20):
2 Offenses the imposable penally for which exceeds six (6) years
imprisonment;
Note: If the minor victim dies after the information is filed but
before arraignment, the case shall be transmitted to the Office of
the Clerk of Court for re-raffle/assignment to a regular court of
competent jurisdiction (A.M. No. 15-02-10-SC, Sub-item II).
I 3. In cases where the only penalty is a fine exceeding P4.000 (A.C.
No. 09-94);
Criminal cases under specific laws:
a. Libel cases even though punishable by prision correctional
(REVISED PENAL CODE. Art. 360: People v. Eduarte. G.R.
No 88232, February 26. 1990):
b. Jurisdiction of designated courts over cases in violation of the
Comprehensive Dangerous Drugs Act of 2002 as provided in
Section 90 thereof; and
Violation of intellectual property rights (A.M No. 03-03-03-
SC).
5. All cases on money laundering except those falling under the
jurisdiction of the Sandiganbayan (R.A. No. 10660, Sec. 4); and
6. Election offenses (B.P. Big. 881, Sec. 268).
Note: The Omnibus Election Code provides that the RTC shall have
exclusive original jurisdiction lo try election offenses (Sec. 268),
whether committed by a private individual or public officer or
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employee, and in the latter instance, irrespective of whether the

offense is committed in relation to his official duties or not. It is the
nature of the offense and nol the personality of the offender that
matters (Corpus V. Tanodbayan, G K No. L-62075, April 15, 1987}.
Family Court - Criminal cases where:

1. One or more of the accused is/are below 18 years of age but nol
less than 9 years of age; or
2. Where one of the victims is a minor at the time of the commission
of the offense;
3. Cases against minors cognizable under the Dangerous Drug Act;
4. Violations of R.A. No. 7610 otherwise known as “Special
Protection of Children Against Child Abuse, Exploitation and
Discrimination Act", as amended by R.A. No. 7650; and
5. Cases of domestic viplence against women and children (R.A.
8369, otherwise known as "Family Courts Act of 1997”, Sec. 5).
6. Violations of R.A. No. 8369 (Anti-Child Pornography Act of 2009)
as amended by R.A. No. 9775.
Note: All criminal cases involving a minor victim/s who is/are
deceased al the time of filing of the Information/s shall be raffled lo
the regular court of competent jurisdiction (A M. No. 15-02-10-SC,\
Sub-item II).
All cases decided by the MTCs in their respective territorial

jurisdiction (B.P. 129 as amended. Sec. 22).
To handle exclusively criminal cases as designated by Ihe Supreme
Court (B.P. 129 as amended. Sec 23).
SANDIGANBAYAN
.__ J
Exclusive Violations of: (GF-DIC)
Original ’ a. R.A. No. 3019 (Anti-£»raft and Corrupt Practices Act); .
b. R.A. No. 1379 (An Act Declaring Forfeiture in Favor of Ihe
State any Property Found to have been Unlawfully Acquired
by Public Officer or Employee); and
c. Chapter 2, Section 2, Title 7, Book 2 of the Revised Penal
Code (i.e. Direct Bribery, Indirect Bribery, and Corruption ol
Public Officials)
Where one or more of the accused are officials occupying Ihe
following positions in Ihe government, whether permanent,
acting or interim capacity, at the time of the commission of Ihe
offense: (JEC’O)
i. Officials of the Executive branch occupying the positions
of regional director and higher, otherwise classified as
Grade 27 and higher of the Compensation and Position
Classification Act of 1989, specifically including;
(PCDAP3)
1) Provincial governors, vice-governors, members of the
Sangguniang Panlalawigan. and provincial treasurers,
assessors, engineers, and other provincial department
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heads:
2) City mayors, vice-mayors. members of the
Sangguniang Panglungsod. city treasurer, assessors,
engineers, and other city department heads:
3) Officials of the diplomatic service occupying the
position of consul and higher;
4) Philippine Army and air force colonels, naval captains,
and all officers of high rank;
5) Officers of the Philippine National Police while
occupying the position of provincial director and those
holding the rank of senior superintendent or higher;
6) City and Provincial piusecutors and their assistants,
and officials and prosecutors in the Office of the
Ombudsman and special prosecutor; and
7) Presidents, directors, or trustees, or managers of
government-owned or controlled corporations, state ,
universities or educational institutions or foundations:
Members of Congress and officials thereof classified as |
Grade 27 and up under the Compensation and Position
Classification Act of 1989;
Members of the Judiciary without prejudice to the
provisions of the Constitution;
Chairmen and members of the Constitutional
Commissions, without prejudice to the provisions of the
Constitution; and
All Other national and local officials classified as Grade 27
and higher under the Compensation and Position
Classification Act of 1989 (P.D. 1606. Sec. 4(a)).
2 Other offenses or felonies whether simple or complexed with
other crimes committed by the public officials and employees
mentioned in subsection (a) in relation to their office (P.D.
1606. Sec. 4(b));
3. Cases Tiled pursuant lo and in connection with E.O. Nos. 1, 2, 14
and 14-A (Sequestration cases), issued in 1986 (P.D. 1506. Sec.
4(c)); and
4. Money laundering cases committed by public officers and private
persons who are in conspiracy with such public officers (R.A. No.
9160, Sec. 5).
Appeals from the final judgments, resolutions or orders of regional

trial courts whether in the exercise of their own jurisdiction or of their
appellate jurisdiction where all the accused are occupying positions
lower than Salary Grade 27 or not otherwise covered by the
preceding enumeration (P.D. 1606. as amended by R.A. No. 10660,
Sec. 4).
Petitions for the issuance of the writs of mandamus, prohibition.
certiorari, habeas corpus, injunction and other ancillary writs and
processes in aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that may arise in
cases filed or which may be Tiled under E.O. Nos. 1, 2. 14 and 14-A,
issued in 1986: Provided, that the jurisdiction over these petitions
shall not be exclusive of Ihe Supreme Court (P.D. 1606, as amended
by R.A. No. 10660, Sec. 4).
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COURT OF APPEALS
Court of Appeals
Exclusive | Crimes of terrorism under Human Security Act of 2007 (R.A. No.
Original | 9372).
Concurrent With the SC:

Petitions for certiorari, prohibition, and mandamus against the RFCs
(D.P. 129 as amended, Sec. 9).
With the SC & RTC:

Petitions for certiorari, prohibition, and mandamus against the MTCs
(B.P. 129 as amended. Sec. 9).
Appellate By Notice of Appeal:

1. From the RTC in the exercise of its original jurisdiction, except those
appealable to the Sandiganbayan, CTA, and SC: and
2. From the RTC where penalty imposed is reclusion perpetua or life
imprisonment or where a lesser penalty is imposed but for offenses
committed on the same occasion or which arose out of the same
occurrence that gave rise to the more serious offense for which the
penalty of death, reclusion perpetua, or life imprisonment is imposed
(ROC, Rule 122. Sec. 3(c), as amended by AM. No. 00-5-03-SC).
By Automatic Review
<15 From the RTC, in cases where the death penalty is imposed (ROC,
Rule 122. Sec. 3(d)).
Bv Petition for Review under Rule 42:

From the RTC in cases appealed thereto from lower courts and not
appealable to the Sandiganbayan (ROC. Rule 122. Sec. 3(b)).
_______________
COURT
Petition for certiorari, prohibition, and mandamus against CA and

Sandiganbayan (CONST.. Art. VIII, Sec.5).
With the CA:

Petitions for certiorari, prohibition, and mandamus against the RTCs
(CONST.. Art. VIII, Sec. 5).
With the CA & RTC-

Petitions for certiorari, prohibition, and mandamus against Ihe MTCs
(CONST.. Ad. VIII, Sec. 5).
By Petition for Review on Certiorari

1. From the CA;
2. From the Sandiganbayan: and
3. From the RTC where only an error or question of law is involved
(CONST., Art. VIII, Sec. 5).
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Q: With respect to the jurisdiction of the Sandiganbayan, when is an offense

committed "in relation to public office"?
ANS: The office must be a constituent element of the crime as defined in the statute.
But even if the office is not an element of the crime, it is deemed committed in relation to
one’s office if he perpetrates the offense while performing, though in an improper or
irregular manner, his official functions and he cannot commit the offense without holding
his public office. In such a case, there is an intimate connection between the offense
and the office of the accused (Crisostomo v. Sandiganbayan. G.R. No. 152398. April 14.
2005).
B. PROSECUTION OF OFFENSES
CRIMINAL ACTIONS, HOW INSTITUTED

Q: How are criminal actions instituted?
ANS: Criminal actions shall be instituted as follows:
1. In offenses where a preliminary investigation is required pursuant to
Section 1 of Rule 112, by filing the complaint with the proper officer for the
purpose of conducting the prerequisite preliminary investigation;
2. For all other offenses, by filing the complaint or information directly with the
Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint
with the office of the prosecutor. In Manila and other chartered cities, the
complaint shall be filed with the office of the prosecutor unless otherwise
provided in their charters (ROC, Rule 110. Sec. 1).
Q: What is the effect of the filing of a criminal action on the period of prescription
of offenses?
ANS: The institution of a criminal action shall interrupt the period ol prescription of the
offense charged unless otherwise provided in special laws (ROC, Rule 110. Sec. 1).
Q: What is a criminal complaint?

ANS: A complaint is a sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer, or other public officer charged with
the enforcement of the law violated (ROC, Rule 110, Sec. 3).
Q: What is an information?
ANS: An information is an accusation in writing charging a person with an offense,
subscribed by Ihe prosecutor and filed with the court (ROC. Rule 110, Sec. 4).
WHO MAY FILE THEM, CRIMES THAT CANNOT BE PROSECUTED DE OFFICIO

Q: Who may fife a complaint? (OPPo)
ANS: The following are the persons who may file a complaint:
1. Offended party;
2. Any Peace officer; and
3. Other Public officer charged with the enforcement of the law violated (ROC.
Rule 110, Sec. 3).
Q: What are the crimes that cannot be prosecuted de officio? (CASAL-D)

ANS: The following are Ihe crimes that cannot be prosecuted de officio:
1. Adultery;
2. Concubinage;
3. Seduction;
4. Abduction;
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5. Acts of Lasciviousness; and

6. Defamation which consists of any of the offenses mentioned above (ROC,
Rule 110. Sec. 5).
Q: How are criminal actions for private crimes instituted?

ANS: Criminal actions for private crimes are instituted as follows:
1. The crimes of adultery and concubinage shall not be prosecuted except
upon a complaint Tiled by the offended spouse. The offended party cannot
institute criminal prosecution without including the guilty parties, if both are
alive, nor, in any case, if the offended parly has consented to the offense or
pardoned the offenders;
2. The offenses of seduction, abduction, and acts of lasciviousness shall
not be prosecuted except upon a complaint filed by the offended party or
her parents, grandparents or guardian, nor. in any case, if the offender
has been expressly pardoned by any of them. If the offended party dies or
becomes incapacitated before she can file the complaint, and she has no
known parents, grandparents or guardian, the State shall initiate Ihe
criminal action in her behalf; and
3. No criminal action for defamation which consists in the imputation of any of
the offenses mentioned above shall be brought except at the instance ol
and upon complaint Tiled by the offended party (ROC, Rule 110, Sec. 5).
CRIMINAL ACTIONS, WHEN ENJOINED

Q: Why is injunction not permissible to enjoin a criminal action?
ANS: As a general rule, injunction will not lie to enjoin a criminal prosecution because
public interest requires that criminal acts be immediately investigated and prosecuted
(People v. Grey. G.R. No. 180109, July 26, 2010).
Q: What are the exceptions to the rule that a criminal action may not be enjoined?
(MID-P3AWN3)
ANS: The following are the exceptions to the rule that a criminal action may not be
enjoined:
1. To afford adequate Protection to the constitutional rights of the accused.
2. When Necessary for the orderly administration of justice or lo avoid
oppression, or multiplicity of actions;
3. When Ihere is a Pro-judicial question which is sub-judice;
4. When the acts of the officer are Without or in excess of authority;
5. Where the prosecution is under an Invalid law, ordinance, or regulation;
6. When Double jeopardy is clearly apparent;
7. Where the court has No jurisdiction over the offense;
8. Where there is a case of Persecution rather than prosecution;
9. Where the charges are Manifestly false and motivated by the lust ol
vengeance;
10. When there is clearly No prima facie case against the accused and a motion
to quash on that ground has been denied; and
11. Preliminary injunction has been issued by the Supreme Court to prevent the
threatened unlawful arrest of petitioners (People v. Grey, G.R. No. 180109,
July 26. 2010).
CONTROL OF PROSECUTION
Q: Who shall prosecute criminal actions?
ANS: All criminal actions commenced by a complaint or information shall be
prosecuted under the direction and control of the public, prosecutor (ROC, Rule 110.
Sec. 5).
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Q: When may a private prosecutor prosecute a criminal action? (HACAW)

ANS: A private prosecutor may prosecute a criminal action when the follov/ing
conditions concur:
1. The public prosecutor has a Heavy work schedule, or there is no public
prosecutor assigned in the province or city:
2. The private prosecutor is Authorized in writing by the Chief of the
Prosecutor Office or the Regional State Prosecutor (RSP);
3. The authority of Ihe private prosecutor must be Approved by the court;
4. The private prosecutor shall Continue to prosecute the case until the end of
the trial unless the authority is withdrawn or otherwise revoked; and
5. In case of the Withdrawal or revocation of the authority of the private
prosecutor, the same must be approved by court (A.M. No. 02-2-07-SC;
DOJ Memorandum Circular No. 25).
Q: When may a private prosecutor prosecute the civil aspect of a criminal action?
ANS: In cases where only the civil liability is being prosecuted by the private
prosecutor, the head of the prosecution office must issue in favor of the private
prosecutor a written authority to try the case even in the absence of the public
prosecutor. The written authority must be submitted to the court prior to the presentation
of evidence by the private prosecutor in accordance with Sec. 5, Rule 110 (A M. No. 15-
06-10-SC or Revised Guidelines for Continuous Trial of Criminal Cases, Subheading III,
Item No. 4) [hereinafter RGCCJ.
Q: Who may appeal the dismissal of the criminal aspect of a criminal action?
ANS: An appeal from the criminal aspect may be undertaken only by Ihe State through
Ihe Solicitor General (Heirs of Delgado v. Gonzalez. G.R. No. 184337. August 7, 2009).
Q: Who may appeal the dismissal of the civil aspect of a criminal action?
ANS: The offended party may appeal the dismissal of the civil aspect of a criminal
action even without the participation of Ihe Solicitor General (Cu v. Ventura. G.R. No.
224567, September 26. 2019).
SUFFICIENCY OF COMPLAINT OR INFORMATION

Q: When is a complaint or information sufficient? (ADAO-PA)
ANS: A complaint or information is sufficient if it states:
1. The name of the Accused;
2 The Designation of the offense given by the statute;
3. The Acts or omissions complained of as constituting the offense;
4. The name of the Offended party;
5. The Approximate date of the commission of the offense; and
6. The Place where the offense was committed (ROC. Rule 110. Sec. 6).
DESIGNATION OF OFFENSE
Q: What are the requirements as to the designation of the offense?
ANS: The complaint or information shall stale:
1 The designation of the offense given by the statute;
2 . Aver the acts or omissions constituting the offense; and
3 Specify its qualifying and aggravating circumstances (ROC. Rule 110, Sec
8).
Q: What must be stated in the complaint or information if there is no designation

of the offense?
ANS: If there is no designation of the offense, reference shall be made to the section or
subsection of the statute punishing it (ROC. Rule 110, Sec. 8).
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Q: Will the erroneous designation or failure to make the designation of the

offense vitiate the complaint or information?
ANS: No. The erroneous specification of the law violated, or the failure to mention the
specific provision penalizing the act, does not vitiate the information if the facts alleged
therein clearly recite the facts constituting the crime charged. The recital of the ultimate
facts and circumstances in the complaint or information determines the character of Ihe
crime and not the caption or preamble of the information, or the specification of Ihe
provision of the law alleged to have been violated (People v. Donio, G.R. No. 212815.
March 1, 2017).
Q: What is the effect when a qualifying or an ordinary aggravating circumstance

is attendant in the offense but not specified in the information?
ANS: The aggravating circumstance, whether ordinary or qualifying, cannot be
appreciated in determining the penalty to be imposed. It is in order not to trample on Ihe
constitutional right of an accused to be informed of the nature of the alleged offense that
he or she has committed. However, in the civil aspect, an aggravating circumstance,
even if not alleged in the information, but proven during trial may be made basis for an
award of exemplary damages (People v. Jugueta, G.R. No. 202124. April 5, 2016).
CAUSE OF THE ACCUSATION

Q: How should the cause of the accusation bo alleged in the complaint or
information?
ANS: The acts or omissions complained of as constituting the offense and Ihe
qualifying and aggravating circumstances must be slated in ordinary and concise
language and not necessarily in the language used in the statute but in terms sufficient
to enable a person of common understanding to know what offense is being charged as
well as its qualifying and aggravating circumstances and for the court to pronounce
judgment (ROC. Rule 110, Sec. 9).
DUPLICITY OF THE OFFENSE; EXCEPTION

Q: What is the rule on duplicity of offenses?
ANS: A complaint or an information must charge only one offense (ROC. Rule 110.
Sec. 1.1) An information Is defective if it charges Iwo or more distinct or different
offenses (People v. CCC, G.R No. 231925. November 19. 2018).
Q: What are the exceptions to the rule on duplicity of offenses?

ANS: The following are the exceptions to the rule on duplicity of offenses:
1. Complex crimes;
2. Special complex crimes;
3. Composite crimes (People v. Dulay, G.R. Nos. 95156-94. January 18.
1993); and
4. Continuous crimes (Gamboa v. CA. G.R. No. L-41054, November 28. 1975).
Q: What is the test to determine whether or not there is duplicity of offenses?

ANS: The test to be applied to determine whether there are two offenses or only one is
whether each provision requires proof of a fact which the other does not (People v.
Circulate. G.R. Nos. 115008-09. July 24. 1996).
Q: What is the remedy of the accused if there is duplicity in the offense charged?
ANS: The accused may move to quash the complaint or information on the ground thal
two or more offenses are charged (ROC. Rule 117, Sec. 3(f)).
Note: But the failure of the accused to raise this issue during arraignment constitutes a
waiver, and they could be convicted of as many offenses as there were charged in the
information (Fajardo v. People, G.R. No. 190889, January 10, 2011).
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AMENDMENT OR SUBSTITUTION OF COMPLAINT OR INFORMATION

Q: When may a complaint or information be amended?
ANS: A complaint or information may be amended, in form or in substance, without
leave of court, at any time before the accused enters his plea. After the plea and during
the trial, a formal amendment may only be made wilh leave of court and when it can be
done without causing prejudice to the rights of the accused.
However, any amendment before the plea, which downgrades the nature of the
offense charged in or excludes any accused form the complaint or information, can be
made only upon molion by Ihe prosecutor, with notice to Ihe offended party and with
leave of court (ROC. RULE 110. See. 14).
Q: What is a formal amendment?

ANS: A formal amendment is one that does not charge another offense or does not
alter the prosecution's theory of the case as to cause surprise to the accused and affect
Ihe form of defense he has or will assume (Mendez v. People. G.R. No. 179962, June
11. 2014).
Q: When is an amendment considered substantial?

ANS: An amendment is considered substantial when it consists of changing the recital
of facts constituting the offense charged and determinative of the jurisdiction of the court
(Teehankee, Jr. v. Madayag. G.R. No. 103102. March 6. 1992).
Q: When is the substitution of a complaint or information proper?

ANS: If it appears at any lime before judgment that a mistake has been made in
charging the proper offense, the court shall dismiss Ihe original complaint or Information
upon the filing of a new one charging the proper offense, provided the accused shall nol
be placed in double jeopardy (ROC. Rule 110, Sec. 14).
Q: What is the Doctrine of Supervening Event as applied to amendment of

information?
ANS: The amendment of an informalion to charge a more serious offense is
permissible and does nol constitute double jeopardy even where the accused was
already arraigned, where the basis of the more serious charge did not exist, but comes
as a subsequent event (People v. Degarro, G.R. No. 121211. April 30. 2003).
VENUE OF CRIMINAL ACTIONS

Q: Where shall a criminal action be instituted?
ANS: A criminal action shall be instituted in the courts of the municipality or territory
where the offense was committed or any of its essential ingredients occurred (ROC,
Rule 110, Sec. 15).
Q: In relation to institution of criminal actions, what are the exceptions to the

Principle of Territoriality?
ANS: The following are the exceptions to the Principle of Territoriality:
1. Where an offense is committed on a railroad train, in an aircraft, or in any
other public or private vehicle in the course of its trip - The criminal action
may be instituted and tried in the court of any municipality or territory where
such train, aircraft, or other vehicle passed during such trip, including the
place of departure and arrival;
2. Where an offense is committed on board a vessel in the course of its
voyage - The criminal action may be instituted and tried in the proper court
of the first port of entry or of any municipality or territory through which the
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vessel passed during such voyage subject to the generally accepted

principles of international law (ROC, Rule 110, Sec. 15);
3. Felonies undor Article 2 of the Revised Penal Code shall be cognizable by
the proper court where the criminal action was first filed;
4. Piracy The venue of piracy, unlike all other crimes, has no territorial limits.
It may he tried anywhere (People v. Lol-lo, G.R. No. 17950, February 27,
1922);
5. Libel - The action may be instituted at the election of the offended or suing
party in the province or city:
a. Where the libelous article is printed and first published;
b. If one of the offended parties is a private individual, where said private
individual actually resides at the time of the commission of the offense:
or
c. If the offended party is a public official, where the latter holds office at
the time of the commission of the offense (Revised Penal Code, Art
360);
6. In cases filed under B.P. Big. 22 - The criminal action shall be filed in the
place where the check was dishonored or issued. In case of crossed-check.
in the place of depositary or collecting bank;
7. Violations of R.A. No. 10175 (Cybercrime Prevention Act of 2012) - RTCs
have jurisdiction over any violation of the provisions of this Act, including
any violation committed by a Filipino national, regardless of the place of
commission (R.A. No. 10175, Sec. 21);
8. In exceptional circumstances — To ensure □ fair trial and impartial inquiry,
the SC shall have the power lo order a change of venue or place of trial lo
avoid miscarriage of justice (CONST., Art. VIII, Sec. 5, par. 4);
9. Where the case is cognizable by the Sandiganbayan - The jurisdiction of
which depends uponi_ thei. nature of the offense and the position of the
accused, the offense need not be tried in the place where the act was
corrimltted but where the court actually sits;
10. In illegal recruitment cases - R A. No. 8042 (Migrant Workers Act of 1995)
as amended provides that a victim of illegal recruitment has the option lo file
the case in his place of residence or in the place where the crime was
committed (Sto. Tomas v. Saiac, G.R. No. 152642, November 12, 2012);
11. Acts defined and penalized under RA. No. 93272 (Human Security Act);
12. Genocide as defined and penalized under R A Nn 9851 (Crimes Against
International Humanitarian Law); and
13. Acts punishable under R.A. No. 9208 (Anti-Trafficking in Persons Act ol
2003) - The Stale shall exercise jurisdiction over any act defined and
penalized under R.A. No. 9208 if the suspect or the accused is:
a. Is a Filipino citizen; or
b. Is a permanent resident of the Philippines; or
c. Has committed the act against a citizen of the Philippines (R.A. No.
10364, otherwise known as the “Expanded Anti-Trafficking Act", Sec.
26-A).
INTERVENTION OF OFFENDED PARTY

Q: When may an offended party intervene in the prosecution of an offense?
ANS: Where the civil action for recovery of civil liability is instituted in the criminal
action pursuant to Rule 111, the offended parly may intervene by counsel in Ihe
prosecution of the offense (ROC, Rule 110, Sec. 16).
C. PROSECUTION OF CIVIL A CTION
Q: What is the rule on implied institution of the civil action with the criminal
action?
ANS: When a criminal action is instituted, the civil action for the recovery of the civil
liability arising from Ihe offense charged shall be deemed instituted with Ihe criminal
action unless the offended party waives the civil action, reserves the right lo institute il
separately or institutes the civil action prior to the criminal action (ROC. Rule 111, Sec.
1).
Q: When should the reservation of the right to institute the civil action separately
be made?
ANS: The reservation of the righl to institute separately the civil action shall be made
before Ihe prosecution starts presenting its evidence and under circumstances affording
the offended party a reasonable opportunity lo make such reservation (ROC. Rule 111,
Sec. 1).
Q: What are the instances when reservation to file civil action separately is
prohibited?
ANS: The following are the instances where reservation to file civil action separately is
prohibited:
1. In criminal actions for violation of B.P Big. 22 (ROC. Rule 111, Sec. 1(b)).
2. In criminal actions falling under the jurisdiction of ihe Sandiganbayan (R.A.
8249. Sec. 4); and
3. In tax cases (R.A. 9282. Sec. 7(b)(1)).
Q: What is the effect of filing a criminal action to a separate civil action not yet
Instituted?
ANS: After the criminal action has been commenced, the separate civil action arising
therefrom cannot he instituted until final judgment has been entered in the criminal
action (ROC. Rule 111, Sec. 2).
Q: What is the effect of filing a criminal action to a separate civil action already
instituted?
ANS: If Ihe criminal action is filed after the civil action has already been instituted, the
latter shall be suspended in whatever stage it may be found before judgment on the
merits. The suspension shall last until final judgment is rendered in the criminal action
Note: Nevertheless, before judgment on Ihe merits is rendered in the civil action. Ihe
same may. upon motion of the offended party, be consolidated wilh the criminal action
in the court trying the criminal action (ROC, Rule 111, Sec. 2).
Q: When may a civil action proceed independently of the criminal action?

ANS: In Ihe cases provided in Art. 32 (fundamental rights and liberties). Art. 33 (cases
of defamation, fraud, and physical injuries), Art. 34 (refusal or failure by police force to
render aid or protection in case of danger to life or property), and Art. 2176 (quasi-delict)
of the Civil Code of the Philippines, Ihe independent civil action may be brought by the
offended party. It shall proceed independently of the criminal action and shall require
only a preponderance of evidence. In no case, however, may Ihe offended party recover
damages twice for the same acl or omission charged in the criminal action (ROC, Rule
111, Sec. 3).
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Q: In case the private offended party is awarded damages in both the criminal and
the independent civil actions, which award shall be paid to him?
ANS: If the awards made in the two cases vary, the private offended party may recover
the greater amount (Ace Haulers Corp. v. CA, G.R. No. 127934, August 23. 2000).
Q: What is the effect of the death of the accused after arraignment and during Ihe
pendency of the criminal action on the civil liability arising from the delicti
ANS: The death of the accused after arraignment and during the pendency of the
criminal action shall extinguish the civil liability arising from the delict (ROC. Rule 111,
Sec. 4).
Q: What are the rules on the effect of the death of the accused on independent
civil actions and civil actions arising from other sources of obligations?
ANS: Independent civil actions and civil actions predicated on other sources of
obligations already instituted may be continued against the estate or legal
representative of the accused after proper substitution or against said estate, as the
case may be.
If the accused dies before arraignment, the case shall be dismissed without
prejudice to any civil action the offended party may file against the estate of Ihe
deceased (ROC, Rule 111, Sec. 4).
If the accused dies during appeal, his civil and criminal liabilities are
extinguished (People v. Alison, G.R. No. L-30612, May 3, 1983).
If the accused dies after final judgment, the pecuniary liabilities of the accused
are not extinguished. Claims may be filed against the estale of the accused under Rule
86. Sec. 5 (People v. Lipata, G.R. No. 200302, April 20, 2016).
Q: What is a prejudicial question?

ANS: A prejudicial question is understood in law to be that which arises in a case Ihe
resolution of which is a logical antecedent of the issue involved in said case and ihe
cognizance of which pertains to another tribunal (Domingo v. Spouses Singson, G.R.
Nos. 203287 & 207936, April 5, 2017).
Q: What is the effect of the pendency of a prejudicial question on the criminal

action?
ANS: The criminal action may be suspended on the ground of pendency of a
prejudicial question (ROC. Rule 111, Sec. 6).
Q: What are the elements of a prejudicial question? (PIDA)

ANS: The following requisites must be present for a civil action lo be considered
prejudicial to a criminal case:
1. The civil action must be instituted Prior to the criminal action;
2. The civil case involves facts Intimately related to those upon which the
criminal prosecution would be based;
3. In the resolution of the issue or issues raised in the civil action, the guilt or
innocence of the accused would necessarily be Determined; and
4. Jurisdiction lo try said question must be lodged in Another tribunal (People
v. Arambulo, Jr.. G.R. No. 186597, June 17, 2015).
Q: What are the rules on filing fees in civil actions deemed instituted?
ANS: The following are the rules on filing fees in civil actions deemed instituted:
1. When the offended party seeks to enforce civil liability against the accused
by way of moral, nominal, temperate, or exemplary damages without
specifying the amount thereof in the complaint or information, the filing fees
therefor shall constitute a first lien on the judgment awarding such damages;
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2. Where Ihe amount of damages, other than actual is specified in the

complaint or information, the corresponding filings shall be paid by the
offended party upon the filing thereof in court; and
3. Except as otherwise provided in the Rules, no filing fees shall be required
for actual damages (ROC, Rule 111. Sec. 1).
D. PRELIMINA RY IN VES TIGA TION

Q: What is a preliminary investigation?
ANS: Preliminary investigation is an inquiry or proceeding to determine whether there
is sufficient ground to engender a well-founded belief that a crime has been committed
and Ihe respondent is probably guilty thereof, and should be held for trial (ROC. Rule
112. Sec. 1).
NATURE OF RIGHT
Q: What is the nature of the right to preliminary investigation?
ANS: The right lo preliminary investigation is not a constitutional right, but is merely a
right conferred by statute (Serapio v. Sandiganbayan. G.R. No. 148648. January 28.
2003).
Q: What is the effect of absence of preliminary investigation on the validity of the

Information?
ANS: The absence of preliminary investigation does not impair the validity of the
information or otherwise render the same defective. Neither does it affect the jurisdiction
of the court or constitute a ground for quashing the information (Villaflor v. Gozon, G.R.
No. 134744. January 16, 2001).
PURPOSES OF PRELIMINARY INVESTIGATION

Q: When is preliminary investigation required?
ANS: Except in cases of lawful warrantless arrests, a preliminary investigation is
required to be conducted before the filing of a complaint or information for an offense
where the penally prescribed by law is al least four (4) years, two (2) months and one
(1) day without regard lo the fine (ROC, Rule 112. Sec. 1).
Q: What is meant by probable cause for purposes of preliminary investigation?

ANS: Probable cause has been defined as the existence of such facts and
circumstances as would excite Ihe belief, in a reasonable mind, acting on the facts
within the knowledge of the prosecutor, that the person charged was guilty of the crime
for which he was prosecuted (Raro v. Sandiganbayan. G.R. No. 108431, July 14, 2000).
Q: What are the purposes of preliminary investigation?

ANS: The following are the purposes of preliminary investigation:
1. For the investigating prosecutor to determine if a crime has been committed
(Mercado v. CA. G.R. No. 109036. July 5. 1995):
2. To protect the accused from the inconvenience, expense, and burden of
defending himself in a formal trial unless Ihe reasonable probability of his
guilt shall have been first ascertained in a fairly summary proceeding by a
competent officer (Ledesma v. CA, G.R. No. 113216. September 5. 1997);
3. To secure the innocent against hasty, malicious, and oppressive
prosecution and to protect him from an open and public accusation of a
crime and from the trouble, expenses, and anxiety of a public trial (Callo-
Claridad v. Esteban. G.R. No. 191567, March 20, 2013); and
4. To protect the State from having to conduct useless and expensive trials
(Marcelo v. Villordon, G.R. No. 173081, December 15, 2010).
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WHO MAY CONDUCT THE DETERMINATION OF THE EXISTENCE OF PROBABLE

CAUSE
Q: Who may conduct preliminary investigations? (FSO-COP)
ANS; The following may conduct preliminary Investigations:
1. Provincial or city fiscal and their assistants;
2. National and regional State prosecutors; or
3. Such Other officers as may be authorized by law such as (ROC, Rule 112,
Sec. 2);
a. £OMELEC (R.A. No. 9369)-.
b. Ombudsman (R.A. No. 6770, otherwise known as "The Ombudsman
Act ); and
c. PCGG (E.O. 14 series of 1966).
Q: What is the extent of an officer’s authority to conduct preliminary

investigations?
ANS: Their authority to conduct preliminary investigations shall include all crimes
cognizable by the proper court in their respective territorial jurisdictions (ROC, Rule 112.
Sec. 2).
Q: What is the nature of the authority of the Ombudsman to conduct preliminary

investigations?
ANS: The power to Investigate and to prosecute granted by law to the Ombudsman is
plenary and unqualified. It pertains to any act or omission of any public officer or
employee when such act or omission appears to be illegal, unjust, improper or
inefficient. The law doos not make a distinction between cases cognizable by the
Sandiganbayan and those cognizable by regular courts (Office of the Ombudsman v.
Brava, G.R No. 145938, February 10, 2006).
Q: Distinguish executive ahdjudicial determination of probable cause.

ANS: The following are the distinctions between executive and judicial determination of
probable cause:
DETERMINATION OF PROBABLE CAUSE
RESOLUTION OF INVESTIGATION PROSECUTOR

Q: What is the duty of the investigating officer if he finds probable cause to hold
the respondent for trial?
ANS: If the investigating prosecutor finds cause to hold the respondent for trial, he
shall prepare the resolution and Information where he shall certify under oath that:
1. He, or as shown by the record, an authorized officer personally examined
the complainant and his witnesses;
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2. There is reasonable ground to believe that a crime has been committed and
the accused is probably guilty thereof;
3. The accused was informed of the complaint and the evidence against him;
and
4. The accused was given an opportunity to submit controverting evidence
Q: What shall the investigating prosecutor do if he finds no probable cause to

hold the respondent for trial?
ANS: The investigating prosecutor shall recommend the dismissal of the case. No
complaint or information may be filed or dismissed by an investigating prosecutor
without Ihe prior written authority or approval of the provincial or city prosecutor or the
Ombudsman or his deputy (ROC, Rule 112. Sec. 4).
Q: What shall the investigating prosecutor do after making the resolution and
before filing or dismissing the case?
ANS: Within five (5) days from his resolution, he shall forward the record of the case to
the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his
deputy In cases of offense cognizable by the Sandiganbayan in the exercise of its
original jurisdiction. They shall act on the resolution within 10 days from their receipt
thereof and shall immediately inform the parties of such action. No complaint or
information may be filed or dismissed by an investigating prosecutor without the prior
written authority or approval of the provincial or city prosecutor or chief state prosecutor
or the Ombudsman or his deputy (ROC. Rule 112, Sec. 4).
Q: What is the effect of an information filed by an officer without prior written

authority on the validity of the information?
ANS: Information filed before the courts without the prior written authority or approval
of the provincial or city prosecutor or chief state prosecutor, or the Ombudsman or his
deputy constitutes a jurisdictional infirmity which cannot be cured by silence, waiver,
acquiescence, or even by express consent. Hence, such ground may be raised at any
stage of the proceedings (Quisay v. People. G.R. No. 216920, January 13, 2016).
REVIEW
Q: What Is the remedy of the aggrieved party from the resolution of the
investigating prosecutor?
ANS: The aggrieved party may:
1. File a motion for reconsideration/reinvestigation within fifteen (15) days from
receipt of the assailed resolution; and/or
Note: Only one motion for reconsideration shall be allowed.
2. Appeal by filing a verified petition for review with the Secretary of Justice,
and by furnishing copies thereof to the adverse party and the Prosecution
Office issuing the appealed resolution, subject to the following conditions:
a. The appeal shall be taken within 15 days from receipt of the resolution,
or of the denial of the motion for reconsideration/reinvestigation. Only
one motion for reconsideration shall be allowed;
b. Unless the Secretary directs otherwise, the appeal shall not stay the
filing of the corresponding information in court;
c. The party filing a petition for review is allowed to file a motion for the
suspension of the arraignment;
d. If the Secretary of Justice finds the same to be patently without merit or
manifestly intended for delay, or when the issues raised therein are too
unsubstantial to require consideration, he may dismiss the petition
outright;
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e. If the accused has already been arraigned prior to the filing of the
petition, the petition shall not be given due course. If the accused has
been arraigned after Ihe filing of the petition, any arraignment shall not
bar the Secretary of Justice from exercising his power of review; and
f, In case of an unfavorable decision by the Secretary of Justice against
the aggrieved party, the latter may file a motion for reconsideration
within a non-extendible period of 10 days froiji leceipt of such decision
(DOJ Circular No 70. July 3. 2000).
Q: Why is it impermissible for courts to review the findings of prosecutors in their

determination of probable cause?
ANS: The determination of probable cause for purposes of filing of information is
essentially an executive function that is lodged, at Ihe first instance, with Ihe public
prosecutor and, ultimately, lo the Secretary of Justice. The prosecutor and the Secretary
of Justice have wide latitude of discretion in the conduct of preliminary investigation.
Their findings with respect to the existence or non-existence of probable cause are
generally not subject to review by the Court (Unilever PHL, Inc. v. Tan, G.R. No.
179367. January 29. 2014).
WHEN WARRANT OF ARREST MAY ISSUE

Q: What shall the court do upon the filing of an information before it?
ANS: Within 10 days from the filing of the complaint or information, Ihe judge shall
personally evaluate the resolution of the prosecutor and its supporting evidence.
ThereaHei, the judge has the following options: ( I) dismiss the case it the evidence on
record clearly failed to establish probable cause; (2) if he or she finds probable cause,
issue a warrant of arrest; and (3) in case of doubt as to the existence of probable cause,
order the prosecutor to present additional evidence within five days from notice, the
issue to be resolved by the court within thirty days from the filing of the information (Ong
v. Genio, G.R. Nq. 182336, December 23, 2009).
Q: When may a warrant of arrest be issued?

ANS: If the judge, after personally evaluating the resolution of the prosecutor and its
supporting evidence finds probable cause, he shall issue a warrant of arrest. If the
accused has already been arrested pursuant to a warrant, he shall issue a commitment
order. In case of doubt on the existence of probable cause, the judge may order the
prosecutor to present additional evidence (ROC, Rule 112. Sec. 5).
Q: Enumerate the instances when a warrant of arrest shall not issue. (FAM)
ANS: A warrant of arrest shall not issue:
1. If the offense is punishable by Fine only;
2. If the complaint or information was filed After the accused was lawfully
arrested without warrant; and
3. If the complaint or information is filed with the MTC and it involves an
offense, which does not require preliminary investigation, the judge may
issue summons instead of warrant of arrest if he is satisfied that there is no
necessity for placing the accused under custody (ROC, Rule 112, Sec.
5(c)).
CASES NOT REQUIRING A PRELIMINARY INVESTIGATION

Q: In what cases is preliminary investigation not required?
ANS: Preliminary investigation is not required in the following cases:
1. Cases in which the imposable penalty does not exceed four (4) years, two
(2) months and one (1) day; and
2. Where the accused who has been lawfully arrested without a warrant has
undergone inquest proceeding (ROC, Rule 112, Sec. 8).
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REMEDIES OF ACCUSED IF THERE WAS NO PRELIMINARY INVESTIGATION

Q: What are the remedies of the accused If no preliminary investigation was
conducted?
ANS: The remedies of an accused if there was no preliminary investigation are:
1. Before the complaint or information is filed, the person lawfully arrested
without a warrant may ask for a preliminary investigation, but he must sign a
waiver of the provisions of Article 125 of the RPC, as amended, in the
presence of his counsel. Notwithstanding the waiver, he may apply for bail
and the investigation must be terminated within 15 days from its inception;
and
2. After the filing of the complaint or information in court without a preliminary
investigation, the accused may within five (5) days from Ihe time he learns
of its filing, ask for a preliminary investigation with the same right to adduce
evidence in his defense as provided in this Rule (ROC, Rule 112. Sec. 6)
Note: A motion for preliminary investigation filed beyond the 5-day reglementary period
is a prohibited motion and shall be denied outright before the scheduled arraignment
without need of comment and/or opposition (RGCC, Subheading III, Item no. 2).
INQUEST
Q: What is inquest?
ANS: Inquest is an informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons lawfully arrested and detained without the
benefit of a warrant of arrest issued by the court for the purpose of determining whether
or not said persons should remain under custody and correspondingly be charged in
court (DOJ Circular No. 61. September 21. 1993).
Q: When must Inquest proceedings be terminated?

ANS: Inquest proceedings must be terminated within:
1. Twelve hours from detention for crimes punishable by light penalties;
2. Eighteen hours from detention for crimes punishable by correctional
penalties; and
3. Thirty-six hours from detention for crimes punishable by afflictive or capital
punishment (REVISED PENAL CODE. Ad. 125).
Q: Under the Human Security Act, what is a “judicially declared and outlawed
terrorist organization?"
ANS: When declared by the RTC. it is any organization, association, or group of
persons organized for the purpose of engaging in terrorism, or which, although not
organized for that purpose, actually uses the acts to terrorize mentioned under the HSA
or lo sow and create a condition of widespread and extraordinary fear and panic among
Ihe populace in order to coerce the government to give in to an unlawful demand.
Note: The declaration may be made upon application of the Department of Justice
before a competent RTC, with due notice and opportunity to be heard given lo the
organization, association, or group of persons concerned.
Q: What is the duty of the law enforcement officer who arrests without warrant a
person suspected of the crime of terrorism?
ANS: The police or law enforcement personnel concerned shall, before detaining the
person suspected of the crime of terrorism, present him or her before any judge at the
latter's residence or office nearest the place where the arrest took place at any time of
Ihe day or night (R.A. No. 9372. otherwise known as "Human Security Act of 2007 Sec
1B)
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Q: What are the duties of the judge to whose presence a person suspected of the
crime of terrorism was presented? (AIDS)
ANS: it shall be the duty of the judge, among other things, to:
1. Ascertain the identity of the police or law enforcement personnel and Ihe
person or persons they have arrested and presented before him or her;
2. Inquire of them the reasons why they have arrested the person;
3. determine by questioning and personal observation whether or not the
suspect has been subjected to any physical, moral, or psychological torture
by whom and why; and
4. Submit a written report of what he/she had observed when the subject was
brought before him to the proper court that has jurisdiction over the case of
the person thus arrested (R.A. No. 9372, Sec. 18).
Q: What is the period for the law enforcement officer to notify the court of the
warrantless arrest of a suspected terror ist?
ANS: Immediately after taking custody of a person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism, the police or law enforcement
personnel shall notify in writing the judge of the court nearest the place of apprehension
or arrest.
Note: Where the arrest is made during Saturdays, Sundays, holidays, or after office
hours, the written notice shall be served at the residence of the judge nearest the place
where the accused was arrested (R.A. No. 9372, Sec. 18).
Q: What is the period for the law enforcement officer to bring a suspected
terrorist, arrested without warrant, to the proper judicial authority?
ANS: The provisions of Art. 125 of the RPC to the contrary notwithstanding, any police
or law enforcement personnel, who having been duly authorized in writing by the Anti-
Terrorism Council has taken custody of a person charged with or suspected of the crime
of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any
criminal liability for delay in the delivery of detained persons to the proper judicial
authorities, deliver said charged or suspected person to the proper judicial authority
within a period of three (3) days counted from the moment the said charged or
suspected person has been apprehended or arrested, detained, and taken into custody
by the said police, or law enforcement personnel (R.A. No. 9372, otherwise known as
'Human Security Act of 2007, Sec. 18).
Q: In the event of an actual or imminent terrorist attack, what must be secured in

order to validly detain a suspect for a period more than three days?
ANS: In the event of an actual or imminent terrorist attack, suspects may not be
detained for more than three (3) days without the written approval of a municipal, city,
provincial, or regional office of a Human Rights Commission or judge of the Municipal.
Regional Trial Court, the Sandiganbayan, or a justice of the Court of Appeals nearest
the place of the arrest.
Note: If the arrest is made during Saturdays, Sundays, holidays, or after office hours,
Ihe arresting police or law enforcement personnel shall bring the person thus arrested to
the residence of any of the officials mentioned above thal is nearest the place where the
accused was arrested (R.A. No. 9372, Sec. 19).
Q: What is the period for the police or law enforcement personnel to obtain
written approval to detain a suspect for more than three days?
ANS: The approval in writing of any of the said officials shall be secured by the police
or lav/ enforcement personnel concerned within five days after the dale of the detention
of Ihe persons concerned (R.A. No. 9372. Sec 19).
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E. ARREST
Q: What is arrest?
ANS: Arrest is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense (ROC, Rule 113, Sec. 1).
ARREST, HOW MADE

Q: How is an arrest made?
ANS: Arrest is made:
1. By an actual restraint of a person to be arrested; or
2. By the submission of the accused lo the custody of the person making the
arrest.
Note: No violence or unnecessary force shall be used in making an arrest. The person
arrested shall not be subject lo a greater restraint than is necessary for his detention
Q: When is an officer justified in using force to make an arrest?

ANS: An officer, in the performance of his duty, is justified in using reasonable force
when it is necessary to secure and detain the offender, to overcome his resistance, to
prevent his escape, to recapture him if he escapes, and to protect himself from bodily
harm (Cabanling v. Sandiganbayan. G.R. No. 148431. July 28, 2005).
ARREST WITHOUT WARRANT, WHEN LAWFUL

Q: Enumerate the instances when an arrest without warrant is lawful.
ANS: A peace officer or a private person may. without warrant, lawfully arrest a person:
1. When, in his presence, the person to be arrested has commuted, is actually
committing, or is attempting to commit an offense (in flagrante delicto)-,
2. When an offense has in fact just been committed, and he has probable
cause lo believe based on his personal knowledge of facts and
circumstances that the person lo be arrested has committed the crime (hot
pursuit);
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another (ROC. Rule 113, Sec 5);
4. When a person who has been lawfully arrested escapes or is rescued
(ROC, Rule 113, Sec. 13);
5. When Ihe bondsman arrests a prisoner out on bail for the purpose of
bringing him to court; and
6. Where the accused attempts to leave the country without the permission of
the court (ROC, Rule 114. Sec. 23).
Q: What are the requisites of a valid in flagrante delicto arrest?

ANS: In order for an in flagrante delicto arrest to be valid, the following requisites must
concur:
1. The person to be arrested must execute an overt act indicating thal he has
just committed, is actually committing, or is attempting to commit a crime;
and
2. Such overt act is done in the presence or within the view of the arresting
officer (Remegio v. People, G.R. No. 227038, July 31, 2017).
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Q: When is an offense committed “in the presence or within the view” of the
arresting officer?
ANS: An offense is deemed committed in the presence or within the view of the person
making the arrest when he sees the offense, although at a distance, or hears Ihe
disturbances created thereby and proceeds at once to the scene thereof; or the offense
is continuing, or has been consummated, at the time the arrest is made (People v.
Evaristo. G.R. No. 93928. December 11, 1992).
Q: What are the requisites of a valid hot pursuit arrest?

ANS: The following are the requisites of a valid hot pursuit arrest:
1. Probable cause based on personal knowledge - the probable cause musl
be based on the personal evaluation by the arresting officer of the
circumstances at the scene of the crime; and
2. Immediacy - the determination of probable cause and the gathering of facts
or circumstances should be made immediately after the commission of Ihe
crime (People v. Manage. G.R. No. 212340, August 17. 2016).
METHOD OF ARREST
Q: How shall the different methods of arrest be effected?
ANS: The different methods of arrest shall be effected in the following manner:
1. By an officer with a warrant - The officer shall inform the person to be
arrested of the cause of the arrest and the fact that a warrant has been
issued for his arrest except when he flees or forcibly resists before the
officer has opportunity to so inform him, or when the giving of such
information will imperil the arrest. The officer need not have the warrant in
his possession at the time of the arrest, bul after the arrest, if the person
arrested requires, the warrant shall be shown lo him as soon as practicable
2. By an officer without a warrant The officer shall inform the person lo be
arrested of his authority and the cause of the arrest unless the latter is
either:
a. Engaged in.the commission of an offense;
b. Is pursued immediately after ils commission; or
c. Escapes or flees, or forcibly resists before the officer has opportunity lo
so inform him, or when the giving of such information will imperil the
arrest (ROC, Rule 113, Sec. 8).
3. By a private person- He shall inform the person to be arrested of the
intention to arrest him and the cause of the arrest unless the latter is either:
a. Engaged in the commission of an offense;
b. Is pursued immediately after its commission; or
c. Escape, flees, or forcibly resists before the person has opportunity lo
so inform him, or when the giving of such information will imperil the
arrest (ROC. Rule 113. Sec. 9).
Q: What are the duties of the officer executing the warrant?

ANS: It shall be Ihe duty of the officer executing the warrant:
1. To arrest the accused (ROC. Rule 113, Sec. 3);
2. To inform the accused of the reason for the arrest and to show Ihe warrant
of arrest, if any (Morales, Jr. v. Enrile. G.R. No. L-61016 and L-61107, April
26. 1983):
3. To inform the accused of his constitutional rights to remain silent and to
counsel and that any statement he might make could be used against him
(Morales. Jr. v. Enrile. G.R. No. L-61016 and L-61107, April 26. 1983), and
4. To deliver the accused to the nearest police station or jail without
unnecessary delay (ROC. Rule 113, Sec. 3).
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REQUISITES OF A VALID WARRANT OF ARREST

Q: What are the requisites of a valid warrant of arrest?
ANS: The requisites of a valid warrant of arrest are the following:
1. It shall be issued upon probable cause which must be personally
determined by a judge after evaluating the resolution of the prosecutor and
its supporting documents; and
2. The warrant must particularly describe the person to be arrested in
connection with a specific offense of crime (CONST., Art. Ill, Sec. 2).
DETERMINATION OF PROBABLE CAUSE FOR ISSUANCE OF WARRANT OF ARREST

Q: How must the judge determine the existence of probable cause to issue a
warrant of arrest?
ANS: Although Ihe Constitution provides that probable cause shall be determined by
Ihe judge after an examination under oath or an affirmation of the complainant and his
witnesses. Ihe judge’s personal examination of the complainant and his witnesses is not
mandatory and indispensable. It is enough that the judge personally evaluates the
Prosecutor's report and supporting documents showing the existence of probable cause
(or the indictment and. on the basis thereof, issue a warrant of arrest (Ocampo v.
Abando, G.R. No. 176830, February 11. 2014).
F. BAIL
Q: What is bail?
ANS: Bail is the security given for the release of a person in custody of the lav/,
furnished by him or a bondsman, to guarantee his appearance before any court as
required under the conditions set forth in the Rules (ROC. Rule 114. Sec. 1).
Q: What are the different forms of bail? (CoPCaR)

ANS: Bail may be given in the form of:
1. Corporate surety (ROC. Rule 114. Sec. 10);
2. Property hnnd (ROC. Rule 114, Sac 11)\
3. Cash bond (ROC. Rule 114, Sec. 14); or
4. Recognizance (ROC, Rule 114, Sec. 15).
Q: What are the conditions of bail?

ANS: All kinds of bail are subject to the following conditions:
1. The undertaking shall be effective upon approval, and unless cancelled,
shall remain in force at all stages of the case until promulgation of the
judgment of the Regional Trial Court, irrespective of whether the case was
originally filed in or appealed to it;
2. The accused shall appear before the proper court whenever required by the
court or the Rules;
3. The failure of the accused to appear at Ihe trial without justification and
despite due notice shall be deemed a waiver of his right to be present
thereat. In such case, the trial may proceed in absentia; and
4. The bondsman shall surrender the accused to the court for execution of the
final judgment (ROC, Rule 114, Sec. 2).
NATURE
Q: What is the nature of the right to bail?
ANS: The right to bail is a constitutional right. Moreover, the constitutional right to bail
"flows from the presumption of innocence in favor of every accused who should not be
subjected Io the loss of freedom as thereafter he would be entitled to acquittal, unless
his guilt be proved beyond reasonable doubt" (Government of the United States of
America v. Purganan. G.R. No. 148571, September 24. 2002).
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WHEN A MATTER OF RIGHT; EXCEPTIONS

Q: When is bail a matter of right?
ANS: All persons in custody shall be admitted to bail as a matter of right, with sufficient
sureties, or released on recognizance:
1. Before or after conviction by the MTC;
2. Before conviction by the RTC of an offense not punishable by death.
reclusion perpetua. or life imprisonment (ROC, Sec. 4, Rule 114)\ or
3. Prior to conviction for an offense punishable by death, reclusion perpetua, or
life imprisonment when evidence of guilt is nol strong (Enrilc v.
Sandiganbayan, G.R. No. 213847. August 18. 2015).
WHEN A MATTER OF DISCRETION

Q: When is bail a matter of discretion?
ANS: Bail is a matter of discretion in the following cases:
1. Upon conviction by the RTC of an offense nol punishable by death.
reclusion perpetua or life imprisonment, admission to bail is discretionary;
2. After conviction by the RTC wherein a penalty of imprisonment exceeding 6
but not more than 20 years is imposed, and not one of the circumstances
below is present and proved, bail is a matter of discretion: (RECFU)
a. Recidivism, quasi-recidlvlsm or habitual delinquency or commission of
crime aggravated by Ihe circumstances of reiteration;
b. Previous Escape from legal confinement, evasion of sentence or
violation of the conditions ot bail without valid justification;
c. Commission of an offense while on probation, parole or under
conditional pardon;
d. Circumstance of the accused or his case indicates the probability of
Flight if released on bail; and
e. Undue risk of commission of another crime by the accused during
pendency of appeal.
3. Prior to conviction for an offense punishable by death, reclusion perpetua, or
life imprisonment when evidence of guilt is strong (Enriie v. Sandiganbayan.
G.R. No. 213847, August 18. 2015).
Q: When must application for bail be denied? (BACEF)

ANS: Application for admission to bail must be denied in ihe following instances:
1. Before conviction by the RTC when accused is charged with an offense
punishable by reclusion perpetua. life imprisonment, or death and evidence
of guilt is strong (ROC, Rule 114. Sec. 7);
2. After conviction by the RTC when penalty imposed is reclusion perpetua, life
imprisonment, or death (Levista v. CA, G.R. No. 189122, March 17. 2010);
3. Court Martial cases (Commendador v. De Villa, G.R. No. 93177, August 2.
1991);
4. After conviction by the RTC imposing a penalty of imprisonment Exceeding
six years but not more than 20 years and any of the following or other
similar circumstances is present and proved: (HaQR’-ESC-P’C-FUn)
a. That he is a Habitual delinquent. Quasi-recidivist. Recidivist, or has
committed the crime aggravated by the circumstance of Reiteration;
b. That he has previously Escaped from legal confinement, evaded
Sentence, or violated the Conditions of his bail without valid justification;
c. That he committed the offense while under probation. Parole, or
Conditional pardon;
d. That the circumstances of his case indicate the probability of Flight if
released on bail; or
e. That there is Undue risk that he may commit another crime during the
pendency of the appeal (ROC. Rule 114, Sec. 5); or
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5. Judgment is final and executory unless the accused applied for probation
before commencing to serve the sentence and the offense is within the
purview of the probation law (ROC, Rule 114, Sec. 24).
HEARING OF APPLICATION FOR BAIL IN CAPITAL OFFENSES

Q: What is a capital offense?
ANS: A capital offense is one which, under the law existing at the time of its
commission and of the application for admission to bail, may be punished v/ilh death
Q: How should the judge conduct the mandatory hearings In applications for bail
in offenses punishable by death, reclusion perpetua, or life imprisonment?
ANS: The court shall examine the witnesses on their direct testimonies or affidavits to
ascertain if Ihe evidence of guilt of the accused is strong. The court's questions need not
follow any particular order and may shift from one witness to another The court shall
then allow counsels from both sides to examine the witnesses as well. The court shall
afterwards hear the oral arguments of the parties on whether or not the evidence of guilt
is strong. Within 40 hours after hearing, the court shall issue an order containing a brief
summary of the evidence adduced before it. followed by its conclusion of whether or not
the evidence of guilt is strong Such conclusion shall not be regarded as a pre-judgment
on Ihe merits of the case that is to be determined only after a full-blown trial (A.M. No.
12-11-2-SC. Sec. 6).
Q: When shall the mandatory hearing in the application for bail in offenses
punishable by death, reclusion perpetua, or life imprisonment be heard and
resolved?
ANS: The petition for bail shall be set for summary hearing after arraignment and pre
trial. It shall be heard and resolved within a non-extendible period of 30 days from the
date of the first hearing, except in drug cases which shall be heard and resolved within
20 calendar days (RGCC. Subheading III. item no. 10(a)). In such case, the prosecution
has the burden of proving that the evidence of guilt is strong (Rule 114. Sec. 8).
GUIDELINES IN FIXING AMOUNT OF BAIL

Q: What are the guidelines in setting the amount of bail?
ANS: The judge who issued the warrant or granted the application for bail shall fix a
reasonable amount of bail considering primarily, but not limited to. the following factors:
1. Financial ability of the accused to give bail;
2. Nature and circumstances of the offense;
3. Penally for the offense charged;
4. Character and reputation of the accused;
5. Age and health of the accused;
6. Weight of evidence against the accused;
7. Probability of the accused appearing at the trial;
8. Forfeiture of other bail;
9. The fact that the accused was a fugitive from justice when arrested; and
10. Pendency of other cases when the accused is on bail (ROC, Rule 114, Sec.
9).
BAIL WHEN NOT REQUIRED

Q: What are the instances when ball is nut required?
ANS: Bail is nol required in the following instances:
1. When a person has been in custody for a period equal to or more than the
possible maximum imprisonment prescribed for the offense charged, he
shall be released immediately, without prejudice to the continuation of the
trial or Ihe proceedings on appeal. If the maximum penally to which the
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accused may be sentenced is destierro, he shall be released after 30 days

of preventive imprisonment;
2. A person in custody for a period equal to or more than the minimum of the
principal penalty prescribed for the offense charged, shall be released on a
reduced bail or on his own recognizance, at the discretion of the court
(ROC. Rule 114. Sec. 16);
3. When the offense charged is a violation of an ordinance, light felony or a
criminal offense, the imposable penalty wherefore does not exceed six (6)
months of imprisonment and/or fine of P2.000 where said person has
established that he is unable to post the required cash or bail bond. Instead
of bail, he shall be required to sign in the presence of 2 witnesses of good
standing in the community a sworn statement binding himself, pending final
decision of his case, to report to the Clerk of the Court hearing his case
periodically every two weeks (R.A. No. 6036);
4. In case of a youthful offender held for physical or mental examination, trial
or appeal, if unable to furnish bail and under Ihe circumstances (P.O. No.
603, otherwise known as The Child and Youth Welfare Code);
5. If before the finality of judgment of a conviction, the accused applies for
probation and no bail was filed or the accused is incapable of filing one. the
court may allow his release on recognizance to the custody of a responsible
member of the community (ROC, Rule 114, Sec. 24);
6. Criminal cases covered by the Rule on Summary Procedure except when
the accused failed to appear when required (Rule on Summary Procedure,
Sec. 16);
7. In cases not requiring preliminary investigation nor covered by the Rule on
Summary Procedure where the MTC judge is satisfied that there is no
necessity for placing the accused under custody, in which case he may
issue summons instead of a warrant of arrest (ROC. Rule 112. Sec. 8);
8. When the offender is an indigent and the offense is not punishable by death.
reclusion perpetua, or life imprisonment (R.A. No. 10389, otherwise known
as "The Recognizance Act");
9. When the accused is a child arrested for acting as a combatant, spy, carrier,
or guide in armed conflicts (R.A. No. 7160, otherwise known as the “Local
Government Code"); or
10. In case of a child, during the pendency of a case involving an offense nol
punishable by death, reclusion perpetua, or life imprisonment, upon hearing
and favorable recommendation of the assigned social worker, wilh notice to
the public prosecutor, the Sanggunian where the child resides, and Ihe
private complainant (A.M. No. 02-1-18).
INCREASE OR REDUCTION OF BAIL

Q: When may the amount of bail be increased or decreased?
ANS: After the accused has been granted bail, the court may, upon good cause, either
increase or reduce its amount. When the amount of bail is increased, the accused may
be committed into custody if he does not give bail in the increased amount within a
reasonable period (ROC, Rule 114, Sec. 20).
Q: When may an accused previously released without bail bo subsequently

required to give bail?
ANS: An accused released without bail upon filing of the complaint or Information may,
at any subsequent stage of the proceedings and whenever a strong showing of guilt
appears to the court, be required to give bail in the amount fixed, or in lieu thereof,
committed to custody (ROC. Rule 114, Sec. 20).
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Q: When may the accused move for the amount of bail to be reduced?
ANS: If Ihe accused does not have the financial ability to post the amount of bail that
Ihe court initially fixed, he may move for ils reduction, submitting for that purpose such
documents or affidavits as may warrant the reduction he seeks (A.M. 12-11-2-SC, Sec. 3).
FORFEITURE AND CANCELLATION OF BAIL

Q: When may the bail be forfeited?
ANS: When the presence of the accused is required by the court or the Rules, and the
accused failed lo appear in person as required, his bail shall be declared forfeited. The
bondsmen thereafter are given 30 days within which to produce their principal and to
show cause why judgment should not be rendered against them for the amount of their
bail. Within the said period, the bondsmen must:
1. Produce the body of their principal or give the reason for his non-production;
and
2. Explain why the accused did not appear before the court when first required
lo do so (ROC, Rule 114, Sec. 21).
Q: When may a bond be cancelled?

ANS: Upon application of Ihe bondsmen, with due notice lo the prosecutor, the bail
may be cancelled upon surrender of the accused or proof of his death. The bail shall
also be deemed automatically cancelled upon acquittal of the accused, dismissal of the
case, or execution of the judgment of conviction (ROC, Rule 114, Sec. 22).
APPLICATION NOT A BAR TO OBJECTIONS IN ILLEGAL ARREST, LACK OF OR

IRREGULAR PRELIMINARY INVESTIGATION
Q: Does an application for bail bar the accused from questioning the validity of
his arrest or the validity of the warrant, or the manner of conducting the
preliminary investigation?
ANS: No. An application for or admission to bail shall not bar the accused from
challenging the validity of his arrest or the legality of the warrant issued therefor, or from
assailing the regularity or questioning the absence of a preliminary investigation of the
charge against him. provided that he raises them before entering his plea The court
shall resolve the matter as early as practicable but not later than Ihe start of the trial of
Ihe case (ROC, Rule 114, Sec. 26).
Q: What remedies are available to the bail applicant to assail the validity of his
arrest or the conduct of the preliminary investigation?
ANS: The accused may file a:
1. Motion to quash warrant of arrest; or
2. Motion for preliminary investigation wilh prior leave of court, when Ihe
regular preliminary investigation is required and was not actually conducted
(RGCC. Subheading III, Item No. 2).
G. ARRAIGNMENT AND PLEA

Q: When shall arraignment be set?
ANS: Arraignment and pre-trial shall be set within 10 calendar days from dale of the
court's receipt of the case for a detained accused, and within 30 calendar days from Ihe
date Ihe court acquires jurisdiction over a non-detained accused (RGCC, Subheading
III, Item No. 6).
Q: How is arraignment made?

ANS: The arraignment shall be made in open court by the judge or clerk by furnishing
Ihe accused with a copy of the complaint or information, reading the same in the
language or dialect known to him, and asking him whether he pleads guilty or not guilty.
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The accused must be present at the arraignment and must personally enter his plea.
Both arraignment and plea shall be made of record, but failure to do so shall not affect
the validity of the proceedings (ROC. Rule 116, Sec. 1).
Q: When may the court allow the accused to waive the reading of the information?
ANS: The court, upon personal examination of the accused, may allow a waiver of Ihe
reading of the information upon the full understanding and express consent of the
accused and his/her counsel, which consent shall be expressly stated in both the
minutes/certificate of arraignment and the order of arraignment. The court shall explain
the waiver to the accused in the language or dialect known to him/her, and ensure the
accused's full understanding of the consequences of the waiver before approving the
same (RGCC. Subheading III, Item No. 8).
Q: What is the 4-fold duty of the court when the accused appears for arraignment
without a counsel?
ANS: The following are the duties of the court when the accused appears for
arraignment without a counsel:
1. It must inform the defendant that it is his right lo have an attorney before
being arraigned:
2. After giving him such information, the courl must ask him If he desires the
aid of an attorney;
3. II he desires and is unable lo employ one, fhn r.nnrt must assign an attorney
de officio to defend him; and
4. If the accused desires to procure an attorney of his own, the court must
grant him reasonable time therefor (People v. Holgado, G.R. No. L-2809,
March 22. 1950).
Q: What are the grounds for suspending arraignment?

ANS: The arraignment shall be suspended upon motion by the proper party in Ihe
following cases:
1. The accused appears to be suffering from an unsound mental condition
which effectively renders him unable to fully understand Ihe charge against
him and to plead intelligently thereto. In such case, the court shall order his
mental examination and, if necessary, his confinement for such purpose;
2. There exists a valid prejudicial question; and
3. A petition for review of the resolution of the prosecutor is pending at Ihe
Department of Justice or the Office of the President; provided that the period
of suspension shall not exceed 60 days counted from the filing of the
petition with the reviewing office (ROC, Rule 116, Sec. 11).
Q: When should a plea of not guilty be entered for the accused? (PRICE)
ANS: The following are Ihe instances where a plea of not guilty should be entered lor
the accused:
1. When Ihe accused Pleads not guilty;
2. When the accused Refuses to plea:
3. When the accused makes a Conditional plea;
4. When the accused pleads guilty but presents Exculpatory evidence (ROC,
Rule 116, Sec. 1); or
5. When ihe plea is Indefinite or ambiguous (People v. Strong, G.R. No. L-
38626, March 14, 1975).
Q: When may the accused enter a plea of guilty to a lesser offense?

ANS: At the arraignment, the accused, with the consent of the offended party and the
prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is
necessarily included in the offense charged. After arraignment but before trial, the
accused may still be allowed to plead guilty to said lesser offense after withdrawing his
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plea of not guilty. In such case, no amendment of the complaint of information is

necessary (ROC, Rule 116. Sec. 2).
Q: What are the requisites of a valid plea to a lesser offense? (C2PA)
ANS: The following are the requisites of valid a plea to a lesser offense:
1. Consent of the offended party:
2. Consent of the prosecutor;
3. Plea to a lesser offense which is necessarily included in the offense
charged: and
4. Approval of the court must be obtained (Daan v. Sandiganbayan. G.R. Nos.
163972-77. March 28. 2008).
Q: What is the duty of the court if the accused pleads guilty to the crime charged
In the information?
ANS: If the accused pleads guilty to the crime charged in the information, the Court
shall immediately render judgment (RGCC, Subheading III, Item No. 8).
Q: What are the duties of the court when the accused pleads guilty to a capital
offense?
ANS: When the accused pleads guilty tn a capital offense, the court shall:
I. Conduct a searching inquiry into the voluntariness and full comprehension
of the consequences of the plea;
2. Require Ilie piusuCUtion to present evidence to prove the guill and the
precise degree of culpability of Ihe accused; and
3. Ask the accused if he desires to present evidence in his behalf and allow
him to do so if he desires (ROC. Rule 116, Sec. 3).
Q: What are the guidelines a trial judge must observe in conducting a "searching
inquiry”?
ANS: The following guidelines must be observed by a trial judge in conducting a
'searching inquiry”:
1. Expound on the events that actually took place during the arraignment, the
words spoken and the warnings given, with special attention to the age of
the accused, his educational attainment and socio-economic status as well
as the manner of his arrest and detention, the provision of counsel in his
behalf during the custodial and preliminary investigations, and the
opportunity of his defense counsel to confer with him;
2. Explain the essential elements of the crime he was charged with and the
penally and civil liability; and
3. Direct a series of questions to defense counsel lo determine whether he has
conferred with the accused and has completely explained to him the
meaning of a plea of guilty (People v. Molina, G.R. Nos. 141129-33,
December 14, 2001).
Q: What is an improvident plea?

ANS: An improvident plea is a plea made without consent (People v. Briones. G.R. No.
117487, December 12, 1995).
Q: When may an improvident plea be withdrawn?

ANS: At any time before the judgment of conviction becomes final, the court may
permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not
guilty (ROC. Rule 116, Sec. 5).
Q: What is the effect of withdrawal of an improvident plea?

ANS: The judgment of conviction is set aside, and Ihe case is re-opened for new trial
(People v. Mendoza, G.R. Nos. 58678-80, July 20, 1982).
REMEDIAL LAWS
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H. MOTION TO QUASH
Q: In relation to criminal complaint and information, what is a motion to quash?
ANS: It is the mode by which an accused assails the validity of a criminal complaint or
information filed against him for insufficiency on its face in point of law, or for defects
which are apparent in the face of the information (People v. Odtuhan, G.R. No. 191566,
July 17.2013).
Q: What is the test in determining the sufficiency of the averments in the

information?
ANS: The fundamental lest in determining the sufficiency of the material averments in
the information is whether or not the facts alleged therein, which are hypothetically
admitted, would establish the essential elements of the crime defined by law (People v.
Odtuhan. G.R. No. 191566, July 17,2013).
Q: When may the accused move to quash the complaint or information?

ANS: At any time before entering his plea, the accused may move to quash Ihe
complaint or information (ROC, Rule 117, Sec. 1).
GROUNDS
Q: What are the grounds that the accused may invoke to quash a complaint or
information? (Not-JJ-FAME-AP)
ANS: The following are the grounds that the accused may invoke to quash a complaint
or information:
1. Thal the facts charged do Not constitute an offense;
2. Thal the court trying the case has no Jurisdiction over the offense charged;
3. That the court trying the case has no Jurisdiction over the person of the
accused;
4. That the officer who filed the information had no Authority to do so;
5. That it does not conform substantially to the prescribed Form;
6. That More than one offense is charged except when a single punishment for
various offenses is prescribed by law;
7. That the criminal action or liability has boon Extinguished;
8. That it contains Averments which, if true, would constitute a legal excuse or
justification; and
9. That the accused has been Previously convicted or acquitted of the offense
charged, or the case against him was dismissed or otherwise terminated
without his express consent (ROC, Rule 117, Sec. 3).
Note: A motion to quash information when the ground is not one of those stated in the
Rules is a prohibited motion and shall be denied outright before the scheduled
arraignment without need of comment and/or opposition (A.M. No. 15-06-10-SC,
Subheading III, Item No. 2).
Q: On what grounds may the court motu proprio quash an information? (Not-JEP)
ANS: The following grounds may be considered by the court to motu proprio quash an
information:
1. That the facts charged do Not constitute an offense;
2. That the court trying the case has no Jurisdiction over the offense charged;
3. That the criminal action or liability has been £xtinguished; and
4. The Ihe accused has been Previously convicted or acquitted of the offense
without his express consent (Tanchanco v. Sandiganbayan, G.R. Nos.
141675-96. November 25. 2005, citing ROC. Rule 117. Sec. 9).
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Q: What is the remedy of the accused if his motion to quash v/as denied by a
court which acted without or in excess of jurisdiction or v/ith grave abuse of
discretion?
ANS: If the court, in denying the motion to quash, acts without or in excess of
jurisdiction or with grave abuse of discretion, Ihe accused may file a petition for certiorari
or prohibition (Newsweek Inc v. IAC, G.R. No. L-63559, May 30, 1986).
DISTINGUISH FROM DEMURRER TO EVIDENCE

Q: Distinguish motion to quash from demurrer to evidence?
ANS: The following are the distinctions between motion to quash and demurrer to
evidence:
MOTION TO QUASH vs. DEMURRER TO EVIDENCE
r-" ;L. Domurrer to Evidence .I
As to the I Filed before the accused enters Filed after the prosecution has
Time.of I his plea (ROC. Rule 117, Sec. rested its case (ROC. Rule 119, |
Filing 1). Sec. 23).
As to the Does not go into Ihe merits of Based upon the inadequacy of Ihe
Merits of the Ihe case but is anchored on evidence adduced by the
Case' ’ matters nol directly related to prosecution in support of Ihe .
the question of guilt or accusation (ROC. Rule 119, Sec. |
innocence of Ihe accused 23).
(People v. Odtuhan, G.R. No.
191566. July 17. 2013).
As to the Filing a molion lo quash does A demurrer to evidence under Rule

Necessity of not require prior leave of court. 119 may be filed by the accused
Leave of either with or without leave court
Court (ROC. Rule 119. Sec. 23).
As to the When granted, a dismissal of The grant of a demurrer to evidence

Effect if the case will not necessarily amounts to an acquittal and cannot
Granted follow. The court may even be appealed because it would place
order the filing of a new the accused in double jeopardy
complaint or information (People v. Go. G.R. No. 168539.
because an order sustaining the March 25. 2004).
molion is generally not a bar to
another prosecution (ROC, Rule
117, Secs. 5 and 6).
As to the The usual course to take is for An accused who files a demurrer to
Effect If the accused to proceed with evidence with leave of court does
Denied trial, and in case of conviction, not lose the right to present
to appeal therefrom and assign evidence in the event his motion is
as error the denial of the motion denied. On the other hand, if he
to quash (Lalican v. Vergara, files the demurrer without leave of
G.R. No 106619, July 31, court and the same is denied, he
1997). loses the right to present evidence,
in which event the case will be
deemed submitted for decision (De
Carlos v. CA. G.R. No. 103065.
August 16, 1999).
_______________________________
REMEDIAL LAWS
EFFECTS OF SUSTAINING THE MOTION TO QUASH

Q: What may the court do if it sustains a motion to quash?
ANS: If the motion to quash is sustained, the court may order that another complaint or
information be Tiled. If the order is made, the accused, If in custody, shall not be
discharged unless admitted to bail, If no order is made or if having been made, no new
information is filed within the time specified in the order or within such further time as the
court may allow for good cause, the accused, if in custody, shall be discharged unless
he is also in custody for another charge (ROC, Rule 117, Sec. 5).
EXCEPTION TO THE RULE THAT SUSTAINING THE MOTION IS NOT A BAR TO

ANOTHER PROSECUTION
Q: What are the instances where, after a motion to quash is sustained, the court
may not order the filing of another information?
ANS: The following are the instances where a grant of a motion to quash will bar
another prosecution:
1. The motion was based on the ground that the criminal action has been
extinguished; and L .
2. That the accused has been previously convicted or acquitted of the offense
without his express consent (ROC, Rule 117, Sec. 6).
DOUBLE JEOPARDY
Q: What is the effect of double jeopardy?
ANS: When an accused has been convicted or acquitted, or the case against him
dismissed or otherwise terminated without his express consent by a court of competent
jurisdiction, upon a valid .complaint or information or other formal charge sufficient in
form and substance lo sustain a conviction and after the accused had pleaded to the
charge, the conviction or acquittal of the accused or the dismissal of the case shall be a
bar to another prosecution for the offense charged, or for any attempt to commit the
same or frustration thereof, or for any offense which necessarily includes or is
necessarily included in the offense charged in the former complaint or information
Q: What are the requisites of double jeopardy? (ICAP-ACoD-SAFI)

ANS: The following are Ihe requisites of double jeopardy:
1. A valid Indictment;
2. Before a court of Competent jurisdiction;
3. Arraignment of the accused;
4. A valid Plea entered by him;
5. The Acquittal or Conviction of the accused, or the Dismissal or termination
of the case against him without his express consent; and
6. The second offense charged is the §ame as the first charge, or of an
Attempt to commit the same or a Frustration thereof or that the second
offense necessarily Includes or is necessarily included in the first offense
charged (Braza v. Sandiganbayan, G.R. No. 195032, February 20, 2013).
Q: What are the exceptions to the rule on double jeopardy?

ANS: The following are the exceptions to the rule on double jeopardy:
1. Where there has been deprivation of due process and where there is a
finding uf mistrial; and
2. Where there has been grave abuse of discretion under exceptional
circumstances (People v. Pimentel. G.R. No. 223099, January 11, 2018).
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Q: What are the exceptions to the rule that a dismissal with the express consent
of the accused will not bar another prosecution?
ANS: The following are the exceptions to the rule that a dismissal with the express
consent of the accused will not bar another prosecution:
1. Dismissal is based on a demurrer to evidence filed by the accused after the
prosecution has rested its case;
2. Dismissal due to the denial of the accused’s right to speedy trial and
disposition of the case (Condrada v. People. G.R. No. 141646, February 28,
2003); and
3. Provisional dismissal that has become permanent due to application of the
time-bar rule (People v. Lacson, G.R. No. 149453, April 1, 2003).
PROVISIONAL DISMISSAL
Q: May a provisional dismissal be used to invoke double jeopardy?
ANS; No. This is because a provisional dismissal is with the express consent of the
accused (ROC, Rule 117, Sec. 8). and double jeopardy requires that Ihe previous case
against him be dismissed or otherwise terminated without his express consent (ROC,
Rule 117, Sec. 7).
Q: When does a provisional dismissal become permanent (Time-Bar Rule)?

ANS: From the issuance of the order without the case having been revived, a
provisional dismissal becomes permanent after:
1. One year for offenses punishable by imprisonment not exceeding six (6)
years, a fine of any amount, or both, and
2. Two years - for offenses punishable by imprisonment exceeding six (6)
years (ROC. Rule 117, Sec. 8).
1
Q: What are the conditions sine qua non to the application of the Time-Bar Rule?
(MNOP)
REMEDIAL LAW
ANS: The following are the conditions sine qua non to the application of the time-bar
rule:
1. There must be a Motion by the prosecution with the express conformity of
the accused, or by the accused himself, or by both Ihe prosecution and the
accused for a provisional dismissal of the case;
2. The offended parly is Notified of the motion for a provisional dismissal of the
case;
3. The court issues an Order granting the motion and dismissing the case
provisionally: and
4. The public Prosecutor is served with a copy of the order of provisional
dismissal of the case (ROC. Rule 117, Sec. 8).
I. PRE-TRIAL
Q: When should arraignment and pre-trial be set?
ANS: Arraignment and pre-trial shall be set within 10 calendar days from date of the
court's receipt of the case for a detained accused, and within 30 calendar days from the
date the court acquires jurisdiction over a non-delaihed accused (RGCC, Subheading
III, Hem no. 8).
Q: What matters should be considered in the pre-trial?
ANS: The following matters should be considered in the pre-trial: (PS-WaMMo)
1. Plea bargaining;
2. Stipulation of facts;
3. Marking for identification of evidence;
4. Wgiver of objections to admissibility of evidence;
REMEDIAL LAWII
Son Bedn Lnw-RGCT Bar Operations Cantor ■
5. Modification of the order of trial if the accused admits the charge but
interposes a lawful defense (reverse trial); and
6. Other matters as will promote a fair and expeditious trial of the criminal and
civil aspects of the case (ROC, Rule 118, Sec. 1).
Q: How should plea bargaining be conducted?

ANS: If the accused desires to enter a plea of guilty to a lesser offense, plea
bargaining shall immediately proceed, provided the private offended party in private
crimes, or the arresting officer in victimless crimes, is present to give his/her consent
with the conformity of the public prosecutor to the plea bargaining. Thereafter, judgment
shall be immediately rendered in the same proceedings (RGCC. Subheading III, Hem
No. 8).
Q: What is the requirement on pre-trial agreement in order for it to be binding

against the accused?
ANS: All agreements or admissions made or entered into during the pre-trial
conference shall be reduced to writing and signed by the accused and counsel:
Otherwise, the same shall not be used in evidence against the accused (ROC, Rule 118,
Sec. 2).
Q: What is the effect of the absence of the parties during pre-trial?

ANS: The court shall proceed with the pre-trial despite the absence of the accused
and/or private complainant, provided they were duly notified of the same, and Ihe
counsel for the accused, as well as the public prosecutor, are present (RGCC,
Subheading III, Hem no. 8).
Q: What may the court impose against the counsel for the accused or the
prosecutor for their unjustified non-appearance at the pre-trial?
ANS: The court may impose sanctions or penalties if the counsel for the accused or
the prosecutor does not appear al the pre-trial conference and does not offer an
acceptable excuse for his lack of cooperation (ROC, Rule 118, Sec. 3).
Q: What is a pre-trial order?

ANS: A pre-trial order is the order issued by the court after the termination of the pre
trial conference. The pre-trial order shall recite the actions taken. Ihe facts stipulated,
and the evidence marked. Such order shall bind the parties, limit the trial to matters not
disposed of, and control the course of Ihe action during the trial, unless modified by the
court lo prevent manifest injustice (ROC, Rule 118, Sec. 4).
Q: What cases shall be referred for mandatory Court Annexed Mediation and
Judicial Dispute Resolution?
ANS: The following cases shall be referred for mediation on the civil liability unless a
settlement is reached earlier in Ihe pre-trial/preliminary conference:
1. Crimes where payment may prevent criminal prosecution or may extinguish
criminal liability, such as violations of:
a. B.P. Big. 22;
b. SSS Law (R.A. No. 11199)', and
c. PAG-IBIG Law (R.A. No. 9679).
2. Crimes against property under Title 10 of the Revised Penal Code, where
the obligation may be civil in nature, such as:
a. Theft under Art. 308 of the Revised Penal Code, cognizable by the first
level courts;
b. Estafa under Art. 315 of the Revised Penal Code, except eslafa under
Art. 315 (2) and (3);
c. Other forms of swindling under Art. 316 of the Revised Penal Code;
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d. Swindling of a minor under Art. 317 of the Revised Penal Code;

e. Other deceits under Art. 318 of the Revised Penal Code; and
f. Malicious mischief under Art. 327 of the Revised Penal Code.
3. Crimes against honor under Title 13 of the Revised Penal Code, where Ihe
liability may be civil in nature, such as:
a. Libel by means of writings or similar means under Art. 355 of the
Revised Penal Code;
b. Threatening to publish and offer to present such publication for a
compensation under Art. 356 of the Revised Penal Code;
c. Prohibited publication of acts referred to in the course of official
proceedings under Art. 357 of the Revised Penal Code;
d. Grave Slander (Grave Oral Defamation) - of serious and Insulting
nature under Art. 358, par. 1 of the Revised Penal Code;
e. Simple Slander (Oral Defamation) - not of a serious and insulting
nature under Art. 358. par. 2 of the Revised Penal Code;
f. Grave Slander by Deed - of a serious nature under Art. 359. par. 1 of
the Revised Penal Code;
g. Simple Slander by Deed - not of a serious nature under Art. 359, par. 2
of the Revised Penal Code;
h. Incriminating innocent person under Art. 363 of the Revised Penal
Code: and
i. Intriguing against honor under Art. 364 of the Revised Penal Code.
4. Libel under R.A. 10175 (Cybercrime Prevention Act of 2012) where the
liability may be civil in nature,
5. Criminal negligence under Title 14, RPC, where the liability may be civil in
nature;
6. Intellectual property rights cases where Ihe liability may be civil in nature
(RGCC, Subheading III. item no. 9);
7. All civil and criminal cases filed with a certificate to file action issued by the
AL LAW
Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised
Katarungang Pambarangay Law; and
8. The civil aspect of less grave felonies punishable by correctional penalties
not exceeding six (6) years imprisonment, where the offended party is a
private person (A.M. No. 11-1-6-SC-PHILJA, Part One (3)).
Q: What cases shall not be referred for Court Annexed Mediation and Judicial
Dispute Resolution?
ANS: The following shall not be referred for mediation:
1. Criminal cases subject lo the Rule on Summary Procedure, except those
cases mentioned above (RGCC, Subheading III, item no. 9):
2. Other criminal cases not covered above; and
3. All cases under R.A. No. 9262 (Anti-Violence against Women and Children).
However, if the parties to this case inform the court of their agreement to
submit to mediation, they shall accordingly be referred (A M. No. 11-1-6-SC-
PHILJA).
J. TRIAL
Q: When shall the trial for a criminal action commence?
ANS: The trial shall commence within 30 days from receipt of the pre-trial order (ROC.
Rule 119, Sec. 1).
Q: What is the order by which the trial for a criminal action shall proceed? (PARS)
ANS: The trial shall proceed in the following order:
1. The Prosecution shall present its evidence first to prove the charge and, in
the proper case, the civil liability;
REMEDIAL LAW!
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2. The Accused may present evidence lo prove his defense and damages, if
any. arising from the issuance of a provisional remedy in the case;
3. The prosecution and defense may, in that order, present Rebuttal and sur-
rebultal evidence unless the court, in furtherance of justice, permits them to
present additional evidence bearing upon the main issue; and
4. Upon the admission of the evidence of the parlies, the case shall be
deemed Submitted for decision unless the court directs them to argue orally
cr to submit written memoranda (ROC. Rule 119, Sec. 11).
Q: When may the order of trial be modified?

ANS: When the accused admits the act or omission charged in the complaint or
information but interposes a lawful defense, the order of trial may be modified (ROC,
Rule 119. Sec. 11).
INSTANCES WHEN PRESENCE OF ACCUSED IS REQUIRED BY LAW

Q: What are the instances when the presence of the accused is required by law?
ANS: The presence of the accused is required in the following:
1. During arraignment;
2. During trial, when ordered by the court for the purpose of his identification;
and
3. In the promulgation of the sentence except when the conviction is for a light
offense, in which case, it may be pronounced in the presence of his counsel
ora representative (Lavides v. CA. G.R. No. 129670, February 1, 2000). or
the judgment is for acquittal (Pascua v. CA. G.R. No. 140243, December 14,
2000).
REQUISITE BEFORE TRIAL CAN BE SUSPENDED ON ACCOUNT OF ABSENCE OF

WITNESS
Q: When is suspension of trial justified on account of absence or unavailability of
witness?
ANS: Suspension of trial on the account of absence or unavailability of witness is
justified when:
I. The absent or unavailable witness is an essential witness; and
Note: An essential witness is one whose testimony dwells nn (he presence
of some or all of the elements of the crime and whose testimony is
indispensable to the conviction of the accused (A.M. No. 12-11-2-SC, Sec.
10).
2. His whereabouts are:
a. unknown or cannot be determined by due diligence; or
b. known but cannot be obtained by due diligence (ROC, Rule 119, Sec.
3(b)).
Q: Distinguish between an absent witness and an unavailable witness.

ANS: An absent witness is one whose whereabouts are unknown or his whereabouts
cannot be determined by due diligence. An unavailable witness is one whose
whereabouts are known but his presence for trial cannot be obtained by due diligence
(ROC, Rule 119, Sec. 3, par. b).
TRIAL IN ABSENTIA
Q: What is the concept of trial in absentia?
ANS: The absence of the accused without justifiable cause at the trial of which he had
notice shall be considered a waiver of his right to be present thereat.
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Note: When an accused under custody escapes, he shall be deemed to have v/aived
his right to be present on ail subsequent trial dates until custody over him is regained
(ROC, Rule 115, Sec. 1, par. c).
Q: What are the requisites of a valid trial in absentia?

ANS: The following are Ihe requisites of a valid trial in absentia:
1. The accused has been arraigned;
2. He has been duly notified of the trial; and
3. His failure to appear is unjustified (CONST., Art. Ill, Sec. 14(2)).
REMEDY WHEN ACCUSED IS NOT BROUGHT TO TRIAL WITHIN THE PRESCRIBED

PERIOD
Q: What is the remedy of the accused if he is not brought to trial within the
prescribed period?
ANS: The remedy of the accused is to file a motion to dismiss the information on the
ground of denial of his right to speedy trial. Failure of the accused to move for dismissal
prior to trial shall conslitute a waiver of his right to dismiss. The dismissal shall be
subject to the rules on double jeopardy (ROC, Rule 119, Sec. 9).
REQUISITES FOR DISCHARGE OF ACCUSED TO BECOME A STATE WITNESS

Q: What are the requisites in order for an accused to be discharged as a state
witness? (TM-CAD-CoMM)
ANS: The following are Ihe requisites in order for an accused to be discharged as a
stale witness:
1. Two or more persons are jointly charged with a commission of an offense;
2. The Motion for discharge is filed by Ihe prosecution before it rests its case,
3. The discharge must be with the Consent of the accused sought to be a slate
witness;
4. There is Absolute necessity for the testimony of the accused whose
discharge is requested;
5. There is no other Direct evidence available for the prosecution except the
testimony of said accused;
6. The testimony can be substantially Corroborated in its material points;
7. The accused does not appear to be the Most guilty; and
8 The accused has never been convicted of an offense involving Moral
turpitude (ROC, Rule 119, Sec. 17).
Q: What Is meant by "absolute necessity" for the testimony of the accused whose
discharge Is sought?
ANS: There is absolute necessity when the accused alone has knowledge of Ihe crime,
and nol when his testimony would simply corroborate or otherwise strengthen the
evidence in the hands ol the prosecution (Chua v. CA, G.R. No. 103397, August 28.
1996).
Q: What Is meant by "most guilty” as to the culpability of the accused whose

discharge is sought?
ANS: The term “most guilty" refers to the highest degree of culpability in terms of
participation in the commission of the offense and does not necessarily mean the
severity of the penalty imposed. While all the accused may be given the same penalty
by reason of conspiracy, yet one may be considered to have lesser or the least guilt
taking into account Ihe specific acts of the accused in relation Io the crime committed
(Jimenez, Jr. v. People, G.R. No. 209195, September 17, 2014).
REMEDIAL LAW fl
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EFFECTS OF DISCHARGE OF ACCUSED AS STATE WITNESS

Q: What are the effects of discharge of an accused as a state witness?
ANS: The following are the effects of discharge of an accused as a state witness:
1. Evidence adduced in support of the discharge shall automatically form part
of the trial (ROC. Rule 119, Sec. 17); and
2. Discharge ol accused operates as an acquittal and shall bar further
prosecution for the same offense, unless the accused fails or refuses to
testify against his co-accuscd in accordance with his sworn statement
constituting tho basis of his discharge (ROC, Rule 119. Sec. 18).
DEMURRER TO EVIDENCE
Q: What is demurrer to evidence?
ANS: Demurrer to evidence is a motion to dismiss based on Insufficiency of evidence
Q: When may an accused seek leave of court to file demurrer to evidence?

ANS: After the prosecution has rested its case, the court shall inquire from the accused
if he/she desires to move for leave of court to file a demurrer to evidence, or to proceed
with the presentation of his/her evidence (A.M. No. 15-06-10-SC, Subheading III, item
no. 13).
Q: What is the period for filing the demurrer and the opposition thereto?
ANS: The demurrer to evidence shall be filed within a non-extendible period of 10
calendar days from the date the leave of court is sought and resolved, and Ihe
corresponding comment shall be filed within a non-extendible period of 10 calendar
days counted from date of receipt of the demurrer to evidence. The demurrer shall be
resolved by the court within a non-extendible period of 30 calendar days from date of
the filing of the comment or lapse of the 10-day period to file the same (RGCC,
Subheading III, item no. 13).
Q: What is the effect of filing the demurrer to evidence with leave of court?
ANS: If the court denies the demurrer to evidence filed with leave of court, the accused
may adduce evidence his defense (ROC. Rule 119, Sec. 23).
Q: What is the effect of filing the demurrer to evidence without leave of court?
ANS: When the demurrer to evidence; is filed without leave of court, the accused
waives his right to present evidence and submits the case for judgment on the basis of
the evidence for the prosecution (ROC, Rule 119. Sec. 23).
GUIDELINES ON CONTINUOUS TRIAL

Q: What cases are covered by the Revised Guidelines for Continuous Trial of
Criminal Cases?
ANS: The Revised Guidelines shall apply to all newly-filed criminal cases, including
those governed by Special Laws and Rules, in the First and Second Level Courts. Ihe
Sandiganbayan, and the Court of Tax Appeals as of September 1, 2017. The Revised
Guidelines shall also apply to pending criminal cases with respect to the remainder of
the proceedings. Unless otherwise specially provided, it shall not apply to cases under
the Rule on Summary Procedure (RGCC, Subheading I).
Q: What are the prohibited motions under the Revised Guidelines?

(PreReQ-JPAB)
ANS: The following are the prohibited motions under the Revised Guidelines:
1 Motion for Judicial determination of probable cause;
2. Motion for Preliminary investigation:
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a. When filed beyond the 5-day reglementary period in inquest

proceedings under Rule 112, Sec. 6; or
b. When required under Rule 112, Sec. 8 or allowed in inquest
proceedings and the accused failed to participate in the preliminary
investigation despite due notice.
3. Motion for Reinvestigation of the prosecutor recommending the filing of
information once information has been filed before the court:
a. If the motion is filed without prior leave of court;
b. When preliminary investigation is not required under Rule 112. Sec. 3;
and
c. When the regular preliminary investigation is required and has been
actually conducted, and the grounds relied upon in the motion are not
meritorious, such as issues of credibility, admissibility of evidence,
innocence of the accused, or lack of due process when the accused
was actually notified, among others.
4. Motion lo Quash information when the ground is not one of those stated in
Rule 117, Sec. 3;
5. Motion for Bill of particulars that does not conform to Rule 116, Sec. 9;
6. Motion to suspend the Arraignment based on grounds not stated under Rule
116, Sec. 11; and
7. Petition to suspend criminal action on Ihe ground of Prejudicial question,
when no civil case has been filed, pursuant to Rule 111. Sec. 7 (RGCC,
Subheading ill. item no. 2(b)).
Note: Prohibited motions shall be denied outright before the scheduled arraignment
without need of comment/opposition (RGCC. Subheading III, 2(b)).
Q: When should a motion for reconsideration of a resolution be filed?

ANS: The motion for reconsideration of the resolution of a meritorious motion shall be
filed within a non-extendible period of 5 calendar days from receipt of such resolution,
and the adverse parly shall be given an equal period of 5 calendar days from receipt of
Ihe motion for reconsideration within which to submit its comment (RGCC, Subheading
III, Hem no. 2).
Q: When shall arraignment be set?

ANS: Unless a shorter period is provided by special law or Supreme Court circular,
once the court has acquired jurisdiction over the person of the accused, the arraignment
of the accused and the pre-trial shall be set:
1. Within 10 calendar days from the date of the court's receipt of the case for a
detained accused; or
2. Wilhin 30 calendar days from the date the court acquires jurisdiction (either
by arrest or voluntary surrender) over a non-detained accused (RGCC,
Subheading III, item no. 8).
Q: What is the effect if the accused pleads guilty to the crime charged in the
Information?
ANS: If the accused pleads guilty lo the crime charged in the information, judgment
shall be immediately rendered, except in those cases involving capital punishment
(RGCC, Subheading III, item no. 8).
Q: What should the court do if no plea bargaining or plea of guilt takes place?
ANS: If the accused does not enter a plea of guilt, whether to a lesser offense or to the
offense charged in the information, the court shall immediately proceed with the
arraignment and the pre-trial, in accordance with the provisions on pre-trial (RGCC.
Subheading UI. item no. 8).
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Q: What is the period for the conducting of mediation?

ANS: The mediation shall be terminated within a non-extendible period of 30 calendar
days from the date of referral by the court lo the Philippine Mediation Center (PMC)
Unit. After the lapse of the mediation period or if mediation fails, trial shall proceed. The
referral of the case for mediation to the PMC Unit shall be made only after the conduct
of the arraignment and the pre-trial/prelirninary conference (RGCC. Subheading III, item
no. 9).
Q: What is the required form of testimony in cases covered by the Revised

Guidelines?
ANS: The required form of testimony in cases covered by the Revised Guidelines is as
follows:
1. For First Level Courts - In all criminal cases, including those covered by
the Rule on Summary Procedure, the testimonies of witnesses shall consist
of the duly subscribed written statements given to law enforcement or peace
officers or the affidavits or counter-affidavits submitted before Ihe
investigating prosecutor, and if such are not available, testimonies shall be
in the form of judicial affidavits, subject lo additional direct and cross-
examination questions. The trial prosecutor may dispense with the sworn
whiten statements submitted lo the law enforcement or peace officers and
prepare* Ihe judicial affidavits of the affiants or modify or revise the said
sworn statements before presenting it as evidence.
2. For Second Level Courts, Sandiganbayan, and Court of Tax Appeals -
In criminal cases where the demeanor of the witness is not essential in
determining the credibility of said witness, such as forensic chemists,
medico-legal officers, investigators, auditors, accountants, engineers,
custodians, expert witnesses and other similar witnesses, who will testify on
the authenticity, due execution and the contents of public documents and
reports, and in criminal cases that are transactional in character, such as
falsification, malversation, estafa, or other crimes where the culpability or
innocence of the accused can be established through documents, the
testimonies of the witnesses shall be the duly subscribed written statements
given to law enforcement or peace officers or the affidavits or counter-
affidavits submitted before the investigating prosecutor, and if such are not
available, testimonies shall be in the form of judicial affidavits, subject to
additional direct and cross-examination questions. In all other cases where
the culpability or the innocence of the accused is based on the lestimonies
of the alleged eyewitnesses, the testimonies of these witnesses shall be in
oral form (RGCC. Subheading III, item no. 11).
Q: How shall the presentation of rebuttal and sur-rebuttal evidence be

conducted?
ANS: If ihe court grants the motion to present rebuttal evidence, the prosecution shall
immediately proceed wilh its presentation after the accused had rested his/her case,
and orally rest its case in rebuttal after the presentation of its last rebuttal witness.
Thereafter, the accused shall immediately present sur-rebuttal evidence, if there is any,
and orally rest the case in sur-rebuttal after the presentation of its last sur-rebuttal
witness. Thereafter, the court shall submit the case for decision (RGCC, Subheading III,
item no. 13).
Q: What is the effect of the absence of the counsel de parte on the hearing?
ANS: In Ihe absence of the counsel de parte, the hearing shall proceed upon
appointment by the court of a counsel de officio (RGCC, item no. 13(b)).
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Q: What are the rules on submission of memoranda?

ANS: The submission of memoranda is discretionary on the part of the court. The
period to submit memoranda shall be non-exlendible and shall not suspend the running
of the period of promulgation of the decision (RGCC. Subheading HI. item no. 14).
Q: When shall the court make the promulgation?

ANS: The date of the promulgation shall hot be more than 90 days from the lime the
case is submitted for decision, except when the case is covered by Special Rules and
other laws which provide for a shorter period (RGCC. Subheading HI. item no. 16(a)).
K. JUDGMENT
Q: What is a judgment?
ANS: A judgment is Ihe adjudication by Ihe court that the accused is guilty or not guilty
of Ihe offense charged and the imposition on him of the proper penalty and civil liability,
if any (ROC. Rule 120, Sec. 1).
Q: What are the formal requisites of a valid judgment? (WPG)

ANS: The following are the formal requisites of a valid judgment:
1. It must be Written in Ihe official language;
2. It must be Personally and directly prepared by the judge and signed by him;
and
3 It must Contain clearly and distinctly a statement of the facts and the law
upon which it is based (ROC. Rule 120. Sec. 1).
Q: What must be contained in a judgment of conviction?

ANS: A judgment of conviction shall state the:
1. Legal qualification of Ihe offense constituted by the acts committed by the
accused;
2. Aggravating or mitigating circumstances attending its commission;
3. Participation of the accused, whether as principal, accomplice, or accessory;
4. Penally imposed upon the accused; and
5. Civil liability or damages caused by his wrongful act or omission lo be
recovered from the accused by the offended party, unless Ihe enforcement
of the civil liability by a separate civil action has been reserved or waived
Q: What must be contained in a judgment of acquittal?

ANS: A judgment of acquittal shall stale.
1. Whether the evidence of Ihe prosecution absolutely failed to prove the guilt
of the accused or merely failed to prove his guilt beyond reasonable doubt;
and
2. In either case, the judgment shall determine if the act or omission from
which the civil liability might arise did not exist (ROC. Rule 120, Sec. 2).
Q: What is the Variance Doctrine?

ANS: Under the Variance Doctrine, the accused can only be convicted of an offense
when it is both charged and proved If it is not charged, although proved, or if it is
proved, although not charged, the accused cannot be convicted thereof. In other words,
variance between Ihe allegation contained in the information and the conviction resulting
from trial cannot justify a conviction for either the offense charged or the offense proved
unless either is included in the other (Malabanan v. Sandiganbayan. G.R. Nos. 186329.
186584-86 & 198598. August 2, 2017). However, when the offense as charged is
included in or necessarily includes the offense proved. Ihe accused shall be convicted of
the offense proved which is included in the offense charged, or of the offense charged
which is included in Ihe offense proved (ROC. Rule 120, Sec. 4).
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Q: How is judgment promulgated?

ANS: Judgment is promulgated by reading it in the presence of the accused and any
judge of the court in which it was rendered. If the accused is confined or detained in
another province or city, the judgment may be promulgated by the executive judge of
the RTC having jurisdiction over the place of confinement or detention upon request of
the court which rendered the judgment (ROC, Rule 120, Sec. 6).
Q: When may the presence of the accused in the promulgation be dispensed

with?
ANS: The presence of the accused in the promulgation may be dispensed with when:
1. The conviction is for a light offense, the judgment may be pronounced in the
presence of his counsel or representative (ROC. Rule 120, Sec. 6); or
2. The judgment is for acquittal (Pascua v. CA. G.R. No. 140243, December
14. 2000).
Q: What are the essential elements for the validity of a promulgation of judgment
in absentia?
1. That the judgment be recorded in the criminal docket; and
2. That a copy thereof Shall be served upon the accused In his last known
addtess or to his counsel (ROC, Rule 120. Sec. 6, Estrada v. People, G.R.
No. 162371. August 25, 2005).
Q: What Is the effect of the failure of the accused to appear at the promulgation of
judgment of conviction?
ANS: If the judgment is for conviction and the failure of the accused to appear was
without justifiable cause, he shall lose the remedies available in the Rules against Ihe
judgment and the court shall order his arrest (ROC, Rule 120, Sec. 6).
Q. What must the accused who failed to appear at the promulgation of judgment
of conviction do to avail of the remedies available in the Rules?
ANS: Within 15 days from promulgation of judgment, the accused may surrender and
file a motion for leave of court to avail of.these remedies. He shall state the reasons for
his absence at the scheduled promulgation and if he proves that his absence was for a
justifiable cause, he shall be allowed to avail of said remedies within fifteen 15 days
from notice (ROC. Rule 120, Sec. 6).
Q: When does a judgment become final?

ANS: Except where the death penalty is imposed, a judgment becomes final:
1. After the lapse of the period for perfecting an appeal;
2. When the sentence has been partially or totally satisfied or served;
3. When Ihe accused has waived in writing hir. right to appeal; or
4. Has applied for probation (ROC. Rule 120, Sec. 7).
L. NEW TRIAL OR RECONSIDERATION

Q: What are the grounds for new trial?
ANS: The following are the grounds for new trial:
1. That errors of law or irregularities prejudicial to the substantial rights of the
accused have been committed during the trial; and
2. That new and material evidence has been discovered which the accused
could not with reasonable diligence have discovered and produced al the
trial and which if introduced and admitted would probably change the
judgment (ROC, Rule 121, Sec. 1).
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Q: What is the ground for reconsideration?

ANS: The court shall grant reconsideration on the ground of errors of lav/ or fact in the
judgment, which requires no further proceedings fROC. Rule 121, Sec. 3).
Q: What are the requisites for granting a new trial on the ground of newly-
discovered evidence? (AMDC)
ANS: The requisites for granting a new trial on the ground of nev/ly-discovered
evidence are Ihe following:
1. That the evidence was discovered After trial;
2. That it is Material, not merely cumulative, corroborative or impeaching;
3 That such evidence could not have been Discovered and produced at the
trial even with the exercise of reasonable diligence; and
4. The evidence is of such a weight that it would probably Change the
judgment if admitted (Ybiernas v. Tanco-Gabaldon. G.R. No. 178925, June
1. 2011).
Q: What are the effects of granting a new trial or reconsideration?
ANS: The following are the effects of granting a new trial or reconsideration;
1. When a new trial is granted on the ground of errors of law or irregularities
committed during the trial, all the proceedings and evidence affected
thereby shall be set aside and taken anew. The court may, in the interest of
justice, allow the introduction of additional evidence;
2. When a new trial is granted on the ground of newly-discovered evidence,
the evidence already adduced shall stand and the newly-discovered and
such other evidence as the court may. in the interest of justice, allow to be
introduced shall be taken and considered together with the evidence already
in the record; and
3. In all cases, when the court grants new trial or reconsideration, the original
judgment shall be set aside or vacated and a new judgment rendered
accordingly (ROC. Rule 121. Sec. 6).
M. APPEAL
Q: What is the effect of an appeal in criminal cases?
ANS: An appeal from the sentence of the trial court implies a waiver of the
constitutional safeguard against double jeopardy and throws the whole case open to a
review by the trial court. The appellate court is then called upon to render judgment as
law and justice dictate, whether favorable or unfavorable to the appellant. Such
appellate courts have the power to reverse, affirm, or modify the judgment of the lower
court and to increase or reduce the penalty it imposed (Philippine Rabbit Bus Lines, Inc.
v. People, G.R. No. 147703, April 14, 2004).
Note: The execution of the judgment or final order appealed from shall be stayed as to
the appealing parly (ROG, Rule 122, Sec. 11).
Q: How is an appeal from the MTC to the RTC taken?

ANS: An appeal from the MTC to the RTC is taken by filing a notice of appeal with the
MTC and serving a copy thereof lo the adverse parly (ROC, Rule 112, Sec. 3).
Q; How is an appeal from the RTC to the CA taken?

ANS: An appeal from the RTC to the CA is taken in the following manner:
1. In appeals from the RTC in the exercise of its original jurisdiction, by filing
a notice of appeal with the RTC and serving a copy thereof to the adverse
party (ROC. Rule 122, Sec. 3);
2, In appeals from the RTC in the exercise of its appellate jurisdiction, by
filing a petition for review under Rule 42 with the CA (ROC, Rule 122, Sec
3); and
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3. In appeals where the penalty imposed by the RTC is reclusion perpetua or

life imprisonment, or where a lesser penalty is imposed but involving
offenses committed in the same occasion or arising out of the same
occurrence that gave rise to the more serious offense for which the penally
of death, reclusion perpetua, or life imprisonment is imposed, by filing a
notice of appeal with the CA (ROC, Rule 122, Sec. 2).
Note: No notice of appeal is necessary in cases where the RTC imposed death
penalty, The CA shall automatically review the judgment (ROC, Rule 122, Sec. 2(c)).
Q: How is an appeal from the CA to the SC taken?

ANS: An appeal from the CA to the SC is taken in the following manner:
1. By filing a petition for review on certiorari under Rule 45 with the SC (ROC,
Rule 125. Sec. 2. in relation to Rule 45, Sec. 1)-, and
2. In cases where the CA imposes reclusion perpetua or life imprisonment, by
filing a notice of appeal with the CA (ROC, Rule 124, Sec. 13, par. c).
Q: What are the effects of an appeal taken by one or more of the several accused?
ANS: The following are the effects of an appeal taken by one or more of the several
accused:
1. An appeal taken by one or more of several accused shall not affect Ihose
who did not appeal except insofar as the judgment of the appellate court is
favorable and applicable to the latter;
2. The appeal of the offended party from the civil aspect shall not affect the
criminal aspect of the judgment or order appealed from; and
3. Upon perfection of the appeal, the execution of the judgment or final order
appealed from shall be stayed as to the appealing party (ROC. Rule 122,
Sec. 11).
Q: What are the grounds for the dismissal of an appeal to the CA?
ANS: The appellate court may, upon motion of the appellee or motu proprio and with
notice to the appellant in either case, may dismiss the appeal on the following grounds:
1. Failure on the part of the appellant to file his brief within the reglementary
period, except when he is represented by a counsel de officio-,
2. Escape of the appellant from prison or confinement;
3. When the appellant jumps bail; and
4. Flight of the appellant to a foreign country during Ihe pendency of the
appeal (ROC, Rule 124, Sec. 8).
N. SEARCH AND SEIZURE

NATURE OF SEARCH WARRANT
Q: What is a search warrant?
ANS: A search warrant is an order tn writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the court (ROC, Rule
126, Sec. 1).
Q: What are the requisites for the issuance of a search warrant?

ANS: The requisites for the issuance of a search warrant are the following:
1. It must be issued upon probable cause;
2. Probable cause must be determined by the issuing judge personally;
3. The judge must have personally examined, in the form of searching
questions and answers, in writing and under oath, the applicant and his
witnesses on facts personally known to them; and
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4. The warrant issued must particularly describe the place to be searched and
the things lo be seized (Santos v. Pryce Gases. Inc.. G.R. No. 165122,
November 23, 2007).
DISTINGUISH FROM WARRANT OF ARREST

Q: Distinguish search warrant from warrant of arrest.
ANS; The following are the distinctions between warrant of arrest and search warrant:
WARRANT OF ARREST vs. SEARCH WARRANT
As to the Order directed to the peace Order in writing in the name of the
Nature officer to execute the warrant by Republic of Ihe Philippines signed by
taking the person stated therein the judge and directed to the peace
into custody that he may be officer lo search personal property
bound to answer for the described therein and to bring it to
commission of the offense court (ROC, Rule 126. Sec. 1).
(PestUos v. Generoso, G.R. No.
182601, November 10. 2014).
As to the Probable cause for ihe issuance Probable cause for the issuance of a
Probable of a warrant of arrest is the search warrant is defined as such
Cause* • existence of such fads and facts and circumstances which would
circumstances that would lead a lead a reasonably discrete and
reasonably discreet and prudent prudent man to believe that an offense
person lo believe that an has been committed and that the
offense was committed by the objects sought in connection with the
person sought to be arrested offense are in the place sought lo be
(Hao v. People. G.R. No. searched (Laud v. People, G.R. No.
183345. September 17. 2014). 199032. November 19, 2014).
As to the A judge is mandated to Shall not issue except upon probable

Issuance personally evaluate the cause in connection with one specific
resolution of the prosecutor and offense to be determined personally
its supporting evidence (Hao v. by the judge after examination under
People, G.R. No 183345, oath or affirmation of the complaint
September 17, 2014). and the witnesses he may produce
As to the Unless specifically provided in Validity is for 10 days only (ROC, Rule
Validity Ihe warrant, the same remains 126. Sec. 9).
enforceable until it is executed,
recalled or quashed (People v.
Givera. G.R. No. 132159.
January 18, 2001).
As to the An arrest may be made at any The warrant must be directed that it be
Service lime of the day or night (ROC, served in the day time, unless the
Rule 113, Sec. 6). affidavit asserts that the property is on
the person or in the place ordered to
be searched, in which case a direction
may be inserted that it be served at
any time of the day or night (ROC,
Rule 126, Sec. 9).
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APPLICATION FOR SEARCH WARRANT, WHERE FILED

Q: Where should an application for a search warrant be filed?
ANS: An application for a search warrant should be filed with the court within whose
territorial jurisdiction the crime was committed (ROC, Rule 126, Sec. 2).
Q: Enumerate the exceptions to the rule that a search warrant should be filed with
the court within whose territorial jurisdiction the crime was cuimriitled. (RP-PHIL-
DaGaT)
ANS: The following are the exceptions to the rule that a search warrant should be filed
with the court within whose territorial jurisdiction the crime was committed:
1. For compelling Reasons, it can be filed with the court within whose judicial
region the offense was committed or where the warrant is to be served
(ROC. Rule 126. Sec. 2):
2. If the criminal action has already been filed, the application can only be
made in the court where the criminal action is Pending (ROC, Rule 126,
Sec. 2); and
3. In case of search warrants involving illegal Possession of firearms and
ammunitions, jHeinous crimes, the Intellectual Property Code, Ihe Anti
Money Laundering Act of 2001, violations of the Comprehensive Dangerous
Drugs Act of 2002. illegal Gambling, as well as the Tariff and Customs
Code, the Executive Judges and, whenever they are on official leave of
absence or-are not physically present In the station, the Vice-Lxecutivc
Judges of the RTCs of Manila and Quezon City shall have authority to act
on applications filed by the NBI, PNP, ACTAF. PDEA, and the Bureau of
Customs. Such warrants may be served in places outside the territorial
jurisdiction of the said courts (A.M. No. 03-8-02-SC).
PROBABLE CAUSE FOR ISSUANCE OF SEARCH WARRANT

Q: What is probable cause in relation to search warrants?
ANS: II refers to such fads and circumstances which could lead a reasonably discreel
and prudent man to believe that an offense has been committed and that the objects
sought in connection with the offense are in tho place sought to be searched (Burgos v.
Chief of Staff, G.R. No. L-64261, December 26. 1984).
PERSONAL EXAMINATION BY JUDGE OF THE APPLICANT AND WITNESSES

Q: How must the judge conduct the examination of the complainant and his
witnesses?
ANS: The judge must personally examine in the form of searching questions and
answers, in writing and under oath, the complainant and the witnesses he may produce
on facts personally known to them and attach lo the record their sworn statements,
together with the affidavits submitted (ROC, Rule 126, Sec. 5).
PARTICULARITY OF PLACE TO BE SEARCHED AND THINGS TO BE SEIZED
Q: When is the requirement that a search warrant must particularly describe the
place to be searched and the things to be seized deemed complied with?
ANS: The requirement that a search warrant must particularly describe the place to be
searched and the things to be seized is deemed complied with when:
1. The description therein is as specific as the circumstances will ordinarily
allow;
2. The description expresses a conclusion of fact not of law which the warrant
officer may be guided in making the search and seizure; and
3. The things described are limited to those which bear direct relation to the
offense for which the warrant is being issued (Columbia Pictures, Inc. v. CA,
G.R. No. 110318. August 28, 1996).
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PERSONAL PROPERTY TO BE SEIZED

Q: What arc the proper objects of a search warrant?
ANS: A search warrant may be issued for the search and seizure of the following
personal properties:
1. Subject of Ihe offense;
2. Stolen or embezzled and other proceeds or fruits of the offense; and
3. Used or intended lo be used as the means of committing an offense (ROC,
Rule 126, Sec. 3).
Q: What are the exceptions to the search warrant requirement?

(IF-PoCoMo-WEEP)
ANS: The following are the exceptions to the search warrant requirement:
1. Search Incident to a Lawful Arrest - A person lawfully arrested may be
searched for dangerous weapons, anything which may have been used in
Ihe commission of an offense, or anything which may be used as proof of
the commission of an offense, without a search warrant. The arrest must
precede the search and not the reverse (People v. Calantiao, G.R. No.
203984, June 18. 2014) ;
2. Stop-and-Frisk Doctrine (also known as the "Terry Search") - The act ol a
police officer to stop a citizen on the street, interrogate him. and pat him for
weapon(s) or contraband. The police officer should properly introduce
himself and make initial inquiries, approach and restrain a person who
manifests unusual and suspicious conduct, in order to check the latter s
outer clothing for possibly concealed weapons (Esquillo v. People, G.R No.
182010. August 25. 2010).
Note: However For a "stop-and-frisk" search to be valid, it must be
supported by evidence such that the totality of Ilie suspicious circumstances
observed by the arresting officer, as based on his experience and
surrounding circumstances, led him or her to believe that the accused was
committing an illicit act (Teten v. People. G.R. No. 228107, October 9.
2019).
3. Check Points; Body Checks in Airport - Under exceptional circumstances,
as where the survival of organized government is on the balance or where
the lives and safety of the people are in grave peril, checkpoints may be
allowed and installed by the government (Valmonte v. De Villa. G.R. No.
83988. May 24. 1990);
4. Consented Search - No search warrant is required where the person to be
searched has given his consent thereto. The right to be secure from
unreasonable search may. like every right, be waived, and such waiver may
be made expressly or impliedly. A consented search is reasonable only if
kept within the bounds of the actual consent;
5. Search of Moving Vehicle — A warrantless search of a moving vehicle is
justified on the ground that it is not practicable to secure a warrant because
the vehicle can be quickly moved out of the locality or jurisdiction in which
the warrant must be sought (Asuncion v CA. G.R. No. 125959, February 1.
1999);
6. Wartime operations - In times of war within the area of military operation
(People v. De Gracia. G.R. Nos. 102009-10. July 6. 1994);
7- Enforcement of Custom Laws - For the enforcement of customs duties and
tariff laws, the Collector of Customs is authorized to effect searches and
seizures conformably with the provision of the said laws. The Tariff and
Customs Code does not require a search warrant in that case. Persons
suspected of holding or conveying any dutiable or prohibited article
introduced into the Philippines contrary to law may be searched without the
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need of a search warrant (R.A. No. 10863. otherwise known as the

"Customs Modernization and Tariff Act") -,
Note: However, the search of a dwelling house may be made only upon
warrant issued by a judge (R. A. No. 10863, otherwise known as the
"Customs Modernization and Tariff Act").
8. Emergency - Based on probable cause under extraordinary circumstances
(People v. De Gracia. G.R. Nos. 102009-10, July 6. 1994)\ and
9. Plain View Doctrine - Objects falling in the plain view of an officer who has a
right to be in the position to have that view are subject to seizure and may
he presented as evidence (Ahelita v. Doria, G.R. No. 170672, August 14,
2009).
Q: What are the requisites for the Plain View Doctrine to apply?
ANS: The following are the requisites for the Plain View Doctrine lo apply:
1. Prior valid intrusion based on the valid warrantless arrest in which the police
are legally present in the pursuit of their official duties;
2. The evidence was inadvertently discovered by the police who have the right
to be where they are;
3. The evidence must be immediately apparent; and
<1. “Plain view" justified more seizure. of evidence without further search
(People v. Sarap, G.R. No. 132165, March 26. 2003).
REMEDIES FROM UNLAWFUL SEARCH AND SEIZURE

Q: What are the remedies of the accused from an unlawful search and/or seizure?
ANS: The following are the remedies of the accused from an unlawful search and
seizure:
1. Motion to quash a search warrant; and
2. Motion lo suppress evidence (ROC, Rule 126, Sec. 14).
Q: What are the requisites of a valid waiver of the right against unreasonable
search?
ANS: The following are the requisites of a valid waiver of the right againsl
unreasonable search:
1. The righl exists;
2. That the person involved had knowledge, actual or constructive, of Ihe
existence of such right; and
3. That said person had an actual intention to relinquish the righl (People v.
Burgos, G.R. No. L-68955, September 4, 1986).
Note: Mere failure lo object does not constitute waiver of the right against
unreasonable search (People v. Burgos, G.R. No. L-68955. September 4. 1986).
CYBERCRIME WARRANTS
Q: What procedures are covered by the Rule on Cybercrime Warrants?
ANS: The Rule on Cybercrime Warrants covers procedure for the application and grant
of warrants and related orders involving the preservation, disclosure, interception,
search, seizure, and/or examination, as well as the custody, and destruction of
computer data, as provided under R.A. No. 10175, otherwise known as the "Cybercrime
Prevention Act of 2012" (A.M. No. 17-11-03-SC or Rule on Cybercrime Warrants. Sec.
1-2) [hereinafter Rule on Cybercrime Warrants].
Q: What is a cybercrime court?

ANS: A cybercrime court refers to any of the Regional Trial Courts which are
designated as special cybercrime courts (Rule on Cybercrime Warrants, Sec. 1.4).
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Q: Where should a criminal action for violations of the Cybercrime Prevention Act
(R.A. No. 10175) be filed? (OCD)
ANS: The criminal actions shall be filed before the designated cybercrime court of the
province or city:
1. Where the Offense or any of its elements is committed;
2 Where any part of the Computer system used is situated; or
3. Where any of the Damage caused to a natural or juridical person took place
(Rule on Cybercrime Warrants. Sec. 2.1).
Q: Where should an application for a cyborcrime warrant be filed?

ANS: It depends on whether it is for:
1. Violations of Sec, 4 (Cybercrime offenses) and/or Sec. 5 (Other offenses) -
before any of the designated cybercrime courts of the province or the city
where Ihe offense or any of its elements has been committed, is being
committed, or is about to be committed, or where any part of the computer
system used is situated, or where any of the damage caused to a natural or
juridical person look place. However, the cybercrime courts in Quezon City,
the City of Manila. Makati City, Pasig City, Cebu City, Iloilo City. Davao City
and Cagayan De Oro City shall have the special authority to act on
applications and issue warrants which shall be enforceable nationwide and
outside the Philippines; or
2. Violations of Sec. 6 (All other crimes defined and penalized by the Revised
Penal Code and other special laws, committed by, through, and with the use
of ICT) - with the regular or other specialized Regional Trial Courts, as the
case may be. within its territorial jurisdiction in the places above-described
(Rule on Cybercrime Warrants. Sec. 2.2).
Q: What are the different types of cybercrime warrants?

ANS: The following are the different types of cybercrime warrants:
1 . Warrant to Disclose Computer Data (WDCD);
2 Warrant to Intercept Computer Data (WICD):
3. Warrant to Search. Seize and Examine Computer Data (WSSECD); and
4. Warrant lo Examine Computer Data (WECD) (Rule on Cybercrime
Warrants).
Q: What is the procedure for the issuance of a cybercrime warrant?

ANS: The judge must personally examine in the form of searching questions and
answers, in writing and under oath, the applicant and the witnesses he may produce, on
facts personally known to them and attach to the record their sworn statements,
together with the judicial affidavits submitted. If the judge is satisfied that there is
probable cause to believe that the facts upon which the application for the warrant
exists, he/she shall issue the same (Rule on Cybercrime Warrants. Sec. 2.4).
Q: What is the period of effectivity of a cybercrime warrant?

ANS: Any warrant issued under the Rule on Cybercrime Warrants shall only be
effective for the length of lime as determined by the court, which shall not exceed a
period of 10 days from its issuance. The court issuing the warrant may, upon motion,
extend its effectivity based only on justifiable reasons for a period not exceeding 10
days from Ihe expiration of the original period (Rule on Cybercrime Warrants, Sec. 2.5).
Q: How are cybercrime warrants served extraterritorially?

ANS: For persons or service providers situated outside of the Philippines, service of
warrants and/or other court processes shall be coursed through the Department of
Justice-Office of Cybercrime, in line with all relevant international instruments and/or
agreements on the matter (Rule on Cybercrime Warrants. Sec. 2.8).
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Q: What is a Warrant to Disclose Computer Data (WDCD)?

ANS: A WDCD is an order in writing issued in the name of the People of the
Philippines, signed by a judge, upon application of law enforcement authorities,
authorizing the latter to issue an order to disclose and accordingly, require any person
or service provider lo disclose or submit subscriber's information, traffic data, or relevant
data in his/her or its possession or control (Rule on Cybercrime Warrants, Sec. 4.2).
Q: May law enforcement authorities retain a copy of the data disclosed by virtue
of a WDCD?
ANS: Yes. Law enforcement authorities are allowed to retain a copy of the disclosed
computer data or subscriber's information subject of the WDCD which may be utilized
for case build-up or preliminary investigation purposes, without the need of any court
intervention; that the details thereof are kept strictly confidential and that the retained
copy shall be labelled as such (Rule on Cybercrime Warrants, Sec. 4.5).
Q: When should the authorized law enforcement officer turn over the retained
copies of the data to the court?
ANS: The retained copy shall be turned over upon the filing of a criminal action
involving the disclosed computer data or subscriber's information to the court where
such action has been instituted, or if no criminal action has been filed, upon order of the
issuing court (Rule on Cybercrime Warrants. Sec. 4.5).
Q: What is a Warrant to Intercept Computer Data (WJCD)?

ANS; A WICD is an order in writing issued in the name of the People of the Philippines,
signed by a judge, upon application of law enforcement authorities, authorizing the latter
to carry out any or all of the following activities: (a) listening to. (b) recording, (c)
monitoring, or (d) surveillance of the content of communications, including procuring of
the content of computer data, either directly, through access and use of a computer
system or Indirectly, through Ihe use of electronic eavesdropping or lapping devices, at
the same time that Ihe communication is occurring (Rule on Cybercrime Warrants. Sec.
5.2).
Q: When must the authorized law enforcement officer comply with the mandatory
notification of persons whose data were made subject of WICD?
ANS: Within 30 days from the filing of the return, or. if no return is filed, from the lapse
of the 48-hour period to file the return. Ihe authorized law enforcement officer must
notify the person whose communications or computer data have been intercepted of Ihe
activities conducted pursuant to the WICD. If a return has been filed, a copy of the same
shall be attached to the notice. On the other hand, if no return has been filed, the notice
shall stale Ihe details of the interception activities, including the contents of Ihe
intercepted communication or computer data (Rule on Cybercrime Warrants, Sec.5.6).
Q: What is the period for filing an objection/challenge to the interception of data?

ANS: Within 10 days from notice, the person whose communications or computer data
have been intercepted may challenge, by motion, Ihe legality of the interception before
the issuing court (Rule on Cybercrime Warrants. Sec. 5.6).
Q: What is a Warrant to Search, Seize and Examine Computer Data (WSSECD)?

ANS: A WSSECD is an order in writing issued in the name of the People of Ihe
Philippines, signed by a judge, upon application of law enforcement authorities,
authorizing the latter to search the particular place for items to be seized and/or
examined (Rule on Cybercrime Warrants, Sec. 6.1).
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Q: What are the contents of an application for WSSECD?

ANS: The verified application for a WSSECD, as well as the supporting affidavits, shall
stale the essential facts similar to those required for a WDCD. except that the subject
mailer is the computer data sought to be searched, seized, and examined, and all other
items related thereto. In addition, the application shall contain an explanation of the
search and seizure strategy to be implemented, including a projection of whether or nol
an off-site or on-site search will be conducted, taking into account the nature of the
computer data involved, the computer or computer system's security features, and/or
other relevant circumstances, if such information is available (Rule on Cybercrime
Warrants, Sec. 6.2).
Q: What is the "Off-site and On-site Principle?”

ANS: The Off-site and On-site Principle provides that law enforcement authorities shall,
if the circumstances so allow, endeavor to first make a forensic image of the computer
data on-site as well as limit their search to the place specified in the warrant. Otherwise,
an off-site search may be conducted, provided that a forensic image is, nevertheless,
made, and that the reasons for the said search are staled in Ihe initial return (Rule on
Cybercrime Warrants, Sec. 6.4).
Q: What is the remedy of a person whose computer devices or computer system

has been searched and seized off-site?
ANS: A person whose computer devices or computer system has been searched and
seized off-sile may, upon motion, seek the return of the said items from Ihe court issuing
the WSSECD: Provided, that a forensic image of the computer data subject of the
WSSECD has already been made. The court may grant the motion upon its
determination that no lawful ground exists to otherwise withhold the return of such items
to him (Rule on Cybercrime Warrants. Sec. 6.4).
Q: When may the interception of data be conducted during the implementation of

WSSECD?
ANS: The interception of communications and computer data may be conducted during
the implementation of Ihe WSSECD Provided, that the interception activities shall only
be limited to communications and computer data that are reasonably related Io the
subject matter of the WSSECD; and that the said activities are fully disclosed, and the
foregoing relation duly explained in the initial return (Rule on Cybercrime Warrants. Sec.
6.5).
Q: Who may the authorized law enforcement officer order to assist him during the
Implementation of a WSSECD?
ANS: Law enforcement authorities may order any person, who has knowledge about
the functioning of the computer system and the measures to protect and preserve the
computer data therein, lo provide, as is reasonable, the necessary information to enable
the undertaking of the search, seizure and examination (Rule on Cybercrime Warrants,
Sec 6.5).
Q: What must an arresting officer do in order to lawfully search or examine a

computer device acquired by him via a lawful warrantless arrest?
ANS: Upon acquiring possession of a computer device or computer system via a lawful
warrantless arrest, or by any other lawful method, law enforcement authorities shall first
apply for a warrant before searching the said computer device or computer system for
the purpose of obtaining for forensic examination the computer data contained therein.
The warrant therefor shall be denominated as a Warrant to Examine Computer Data
(WECD) (Rule on Cybercrime Warrants, Sec. 6.9).
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Q: What should an application for a WECD contain?

ANS: The verified application for a WECD. as well as the supporting affidavits, shall
state the essential facts similar to those required for a WDCD. except that the subject
matter is the computer data sought to be examined (Rule on Cybercrime Warrants, Sec.
6.9).
Q: When may the interception of data be conducted in the implementation of a

WECD?
ANS: Interception of communications and computer data may be conducted during the
implementation of a WECD under the same conditions applicable to a WSSECD (Rule
on Cybercrime Warrants, Sec. 6.9).
Q: What is the procedure in turning-over the custody of any item seized by virtue
of a Cybercrime Warrant?
ANS: Upon the filing of the initial or final return for a Cyberciirne Warrant, all computer
data subject thereof shall be simultaneously deposited in a sealed package with Ihe
same court that issued the warrant. Il shall be accompanied by a complete and verified
inventory of all the other items seized, and by the affidavit of the duly authorized lav;
enforcement officer containing:
1. The dale and lime of the disclosure, Interception, search, seizure, and/or
examination of the computer data, as the case may be. and any rer.nrd
made therefrom;
2. The particulars of the subject computer data, including its hash value;
3. The manner by which the computer data was obtained;
4. Detailed identification of all items seized in relation to the subject computer
data, indicating the brand, make, serial numbers, or any identifiers, if
available;
5. The names and positions of the law enforcement authorities who had
access lo the computer data from the time of its seizure until the termination
of the examination but prior lo depositing it with the court, and the names of
officers who will be delivering the seized items to the court;
6. The name nf the law enforcement officer who may be allowed access lo Ihe
deposited data; and
7. A certification that no duplicates or copies of the whole or any part thereof
have been made, or if made, all such duplicates or copies are included in
Ihe sealed package deposited, except for the copy retained by law
enforcement authorities in case of a WDCD (Rule on Cybercrime Warrants.
Sec. 7.1).
Q: How may computer data in the custody of court be accessed?

ANS: Only upon motion duly granted by the court; otherwise, the package containing
the computer data deposited with the court shall not be opened, or the recordings
replayed, or its contents revealed, or. in any manner, used as evidence (Rule on
Cybercrime Warrants. Sec. 7.3).
Q: In what instances may the court order the destruction or return of items
seized?
ANS: The court may order the complete or partial deslruction, or return to its lawful
owner or possessor, of the computer data, or any of the related items turned over to its
custody in the following instances:
1. Upon motion and due hearing, for justifiable reasons: or
2. Motu proprio. and upon written notice lo all parties concerned, if no
preliminary investigation or case involving these items has been instituted
after 31 days from their deposit, or if preliminary investigation has been so
instituted within this period, upon finality of the prosecutor's resolution
finding lack of probable cause (Rule on Cybercrime Warrants. Sec. 8.2).
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Q: How is the destruction of items seized by virtue of a Cybercrime Warrant done?

ANS: The destruction of computer data and related items, if so ordered by the court,
shall be made in the presence of the Branch Clerk-of-Court. or in his/her absence, in the
presence of any other person duly designated by the court lo witness the same. The
accused or the person/s from whom such items were seized, or his/her representative or
counsel, as well as the law enforcement officer allowed access to such items as
indicated in the inventory, or his/her duly authorized representative, may also be allowed
lo witness the said activity. The storage device, or other items turned over lo the court's
custody, shall be destroyed by shredding, drilling of four holes through the device,
prying the platters apart, or other means in accordance with international standards that
will sufficiently make it inoperable (Rule on Cybercrime Warrants. Sec. 8.3).
0. PROVISIONAL REMEDIES IN CRIMINAL CASES

Q: What provisional remedies in civil actions are available in criminal cases?
ANS: The following provisional remedies in civil actions are available in criminal cases.
1. Attachment - Preliminary attachment is available in the following cases:
a. When the accused is about to abscond from the Philippines:
b. When Ihe criminal action is based on a claim for money or property
embezzled or fraudulently misapplied or converted lo the use of ihe
accused who is a public officer, officer of a corporation, attorney, factor,
broker, agent or clerk, in the course of his employment as such, or by
any other person in a fiduciary capacity, or for a willful violation of duty;
c. When the accused has concealed, removed or disposed of his
property, or is about to do so; and
d When the accused resides outside the Philippines (ROC. Rule 127.
Sec. 2).
2. Preliminary Injunction;
3. Receivership;
4. Delivery of personal properly; and
5. Support pendente lite (ROC. 127, Sec. 1).
Note: The provisional remedies in civil actions, insofar as they are applicable, may be
availed of in connection wilh Ihe civil action deemed instituted with the criminal action
A. GENERAL PRINCIPLES
Q: What Is Evidence?
ANS: Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a
judicial proceeding, the truth respecting a matter of fact (ROC, Rule 128, Sec. 1).
Q: What Is the scope of applicability of the rules of evidence?

ANS: The rules of evidence shall be the same in all courts and in all trials and
hearings, except as otherwise provided by law or these rules (ROC. Rule 128, Sec. 2).
Q: What are the instances when the technical rules of evidence are not
applicable? (EL-CaN-lnO-AP)
ANS: Technical rules of evidence are not applicable in the following instances:
1. Election cases;
2. j,and registration;
3. Cadastral;
4. Naturalization;
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5. Insolvency proceedings;
6. Other cases (Sugar Regulatory Administration v. Tormon, G.R. No. 195640,
December 4. 2012):
7. L.abor tribunal and proceedings before administrative bodies (Manalo v.
TNS Philippines. Inc., G.R. No. 208567, November 26, 2014; Atienza v.
Board of Medicine, G.R. No. 177407, February 9, 2011): and
8. preliminary investigations (Reyes v. Ombudsman, G.R. Nos. 212593-94,
March 15. 2016).
Q: What is the difference between evidence and proof?

ANS: Evidence is the medium or means by which a fact is proved or disproved while
proof is the effect or result of evidence. It is the probative effect of evidence and is the
persuasion of the mind resulting from the consideration of the evidence (29 Am. Jur. 2d,
Evidence. S2). Proof is the effect or result of evidence, while evidence is the medium of
proff (Jones on Evidence, Volume I, Fourth Edition, p. 5).
Q: What is the difference between factum probans and factum probandum

ANS: Factum probandum is the ultimate fact or proposition sought to be established;
the fact which is in issue and to which the evidence is directed. Factum probans, on the
other hand, is the material evidencing the proposition. It is the evidentiary fact by which
the factum probandum is established (Grace Park International Corporation v. Eastwest
Banking Corporation, G.R. 210606, July 27, 2016).
Q: When is evidence admissible?

ANS: Evidence is admissible when it is relevant to the issue and is not excluded by the
Constitution, the law or these Rules (RROE, Rule 128, Sec. 3).
Q: What is the exclusionary rule?

ANS: The exclusionary rule provides that any evidence obtained in violation of Art. Ill,
Sec. 2 of the Constitution is inadmissible in any proceeding for any purpose (Dabon v.
People. G.R. No. 208775, January 22. 2018)
Q: What is the Doctrine of the Fruit of the Poisonous Tree?

ANS: According to this rule, once the primary source (the “tree") is shown to have been
unlawfully obtained, any secondary or derivative evidence (the "fruit") derived from it is
also inadmissible. Stated otherwise, illegally seized evidence is obtained as a direct
result of the illegal act. whereas the "fruit of the poisonous tree" is the indirect result of
the same illegal act. The "fruit of the poisonous tree" is at least once removed from the
illegally seized evidence, but it is equally inadmissible (People v. Samontanez, G.R. No.
134530, December 4. 2000).
Q: When is evidence considered relevant?

ANS: Evidence, to be relevant, must have such a relation to the fact in issue as to
induce belief in its existence or non-existence (ROC, Rule 128, Sec. 4).
Q: What are collateral matters?

ANS: Collateral matters are matters which are not in issue. They are not generally
allowed to be proven except when they are relevant or when they tend to establish the
probability or improbability of the fact in issue (ROC, Rule 128, Sec. 4).
Q: What are the types of admissibility of evidence?

ANS: The following are the types of admissibility of evidence:
1. Multiple admissibility (Albano Remedial Law Reviewer, 2010, p. 1198):
2. Conditional admissibility (Albano Remedial Law Reviewer. 2010, p.119d):
and
3. Curative admissibility (5 HERRERA. Remedial Law. 1999, p. 26).
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Q: What is multiple admissibility of evidence?

ANS: Multiple admissibility of evidence that is relevant and competent for two or more
purposes (Albano Remedial Law Reviewer, 2010, p.1198). If evidence is relevant and
competent for 2 purposes, such will be received if it satisfies all Ihe requirements
prescribed by law in order that it may be admissible for the purpose for v/hich it is
presented, even if it does not satisfy the other requisites for its admissibility for other
purposes (People v. Animas, L-5591, March 28. 1955).
Q: What is conditional admissibility?

ANS: Conditional admissibility means evidence which appears to be immaterial, but
may be allowed by the court subject to the condition that its connection with other facts
subsequently to be proved will be established (Albano Remedial Law Reviewer. 2010,
p.1198).
Q: What Is curative admissibility?

ANS: Where improper evidence was admitted over the objection of the opposing party,
he should be permitted lo contradict it with similar improper evidence. This is evidence
introduced to cure, contradict or neutralize improper evidence presented by the other
party (5 HERERRA, supra at 26).
Q: Distinguish direct evidence from circumstantial evidence.

ANS The distinctions are as follows:
DIRECT EVIDENCE vs. CIRCUMSTANTIAL EVIDENCE
• j Circumstantial evidence
, As to Its : Direct evidence proves a Circumstantial evidence indirectly

ability to ' challenged fact without drawing proves a fact in issue, such that
establish > any inference (Planteras, Jr. v. the fact-finder must draw an
the fact In People. GR No. 238889. inference or reason from
dispute October 03. 2018). circumstantial evidence (Planteras.
Jr. v. People. GR. No. 238889.
October 03. 2018)
As to . J The probative value of direct As lo probative value, the Court
probative evidence is generally neither considers circumstantial evidence
value greater than nor superior to as being of a nature identical; to
circumstantial evidence. The direct evidence because no
Rules of Courl do not distinguish greater degree of certainty is
between "direct evidence of fact required when the evidence is
and evidence of circumstances circumstantial than when il is direct
from which the existence of a fact (People v. Bernal. G.R. No.
may be inferred." The same 113685, June 19. 1997).
quantum of evidence is still
required (Planteras. Jr. v. People.
GR. No. 238889. October 03,
2018).
Q: Distinguish positive and negative evidence.

ANS: Evidence is said to be positive when a witness affirms in the stand that a certain
state of facts does exist or that a certain event happened. Il is negative when Ihe
witness states that an event did not occur or that Ihe state of facts alleged lo exist does
not actually exist. (RIANO, Evidence. The Bar Lectures Series, p.40, 2019).
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Q: What is burden of proof?

ANS: Burden of proof is the duly of a patly to present evidence on the facts in Issue
necessary to establish his or her claim or defense by the amount of evidence required
by law Burden of proof never shifts (RROE. Rule 131, Sec. 1).
Q: What Is burden of evidence?

ANS: Burden of evidence is the duty of a party to present evidence sufficient lo
establish or rebut a fact in issue to establish a prime facie case. Burden of evidence
may shift from one party lo the other in the course of the proceedings, depending on the
exigencies of Ihe case (RROE. Rule 131, Sec.1).
Q: What is the equipoise rule in relation to criminal cases?

ANS: The equipoise rule provides that where the evidence in a criminal case is evenly
balanced, the constitutional presumption of innocence tilts the scales in favor of the
accused (People v. Erguiza, G.R. No. 171348, November 26, 2008).
Q: What is the equiponderance doctrine in relation to civil cases?

ANS: When the evidence on an issue of fact is in equipoise or there is doubt as lo
which side the evidence preponderates, the party having the burden of proof fails upon
that issue. Where neither party is able to establish its cause of action and prevail wilh
the evidence it has, the courts have no choice but to leave them as they are and dismiss
the complainl/petilion (Sabellina v. Doloresburay, G.R. No. 187727. September 2, 2015).
Q: What is a presumption?
ANS: A presumption is defined as an inference as to the existence of a fact not actually
known, arising from its usual conneclion with another which is known, or a conjecture
based on past experience as to what course human affairs ordinarily take (Martin v. CA,
G.R. No. 82248, January 30, 1992).
Q: What are the classifications of presumptions under the Revised Rules on

Evidence?
ANS: The presumptions under the Revised Rules on Evidence are the following:
1. Conclusive presumption (ROC, Rule 131, Sec. 2)\
2. Disputable presumption (ROC, Rule 131, Sec. 3); and
3. Presumptions in civil actions and proceedings (RROE, Rule 131, Sec. 5).
Q: What are conclusive presumptions?

ANS: Conclusive presumptions have been defined as inferences which the law makes
so peremptory that it will not allow them to be overturned by any contrary proof however
strong (Datalift Movers, Inc. v. Belgravia Realty & Development, G.R. No. 144268,
August 30. 2006).
Q: What are the instances of conclusive presumptions under the Rules on

Evidence?
ANS: The following are the instances of conclusive presumptions:
1. Whenever a party has, by his or her own declaration, act, or omission,
intentionally and deliberately led another lo believe a particular thing true,
and to act upon such belief, he or she cannot, in any litigation arising oul of
such declaration, act or omission, be permitted to falsify it; and
2. The tenant is not permitted to deny the title of his or her landlord at Ihe lime
of the commencement of Ihe relation of landlord and tenant between them
Q: What are disputable presumptions?

ANS: The disputable presumptions are presumptions that may be overcome by
contrary evidence. They are disputable in recognition of the variability of human
behavior and its application on a given circumstance must be based on the existence of
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certain facts on which they are meant to operate. Disputable presumptions apply only in
the absence of contrary evidence or explanations (University of Mindanao v. Bangko
Sentra! ng Pilipinas, et. al, G.R. Nos. 194964-65, January 11. 2016).
Note: An enumeration of disputable presumptions can be found on Rule 131, Sec. 3 of
Ihe ROC.
Q: What are the presumptions in civil actions and proceedings?

ANS: In all civil actions and proceedings not otherwise provided for by lav/ or these
Rules, a presumption imposes on the party against whom it is directed the burden of
going forward with evidence to rebut or meet the presumption.
If presumptions are inconsistent, the presumption that is founded upon weightier
considerations of policy shall apply. If considerations of policy are of equal weight,
neither presumption applies (RROE, Rule 131, Sec. 5).
Q: How should the Rules on Evidence be construed?

ANS: The Rules shall be liberally construed in order to promote their objective of
securing a just, speedy and inexpensive disposition of every action and proceeding
Q: What is the quantum of evidence required in criminal cases?

ANS: In a criminal case, the accused is entitled to an acquittal, unless his or her guilt is
shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a
degree of proof as. excluding possibility of error, produces moral certainty. Moral
certainty is only required, or that degree of proof which produces conviction in an
unprejudiced mind (ROC. Rule 133. Sec. 2).
Q: What is the quantum of evidence required to establish presumptions against

the accused?
ANS: If a presumed fact that establishes guilt, is an element of the offense charged, or
negates a defense, the existence of the basic fact must be proved beyond reasonable
doubt and the presumed fact follows from the basic fact beyond reasonable doubt
(RROE. Rule 131, Sec. 6)
Q: What is the presumption against an accused in a criminal case?

ANS: In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved (CONST.. Art. Ill, Sec. 1). This rule places upon the prosecution the
task of establishing the guilt of an accused, relying on the strength of its own evidence,
and not banking on the weakness of the defense of an accused (Macayan v. People,
G.R. No. 175842, March 18. 2015).
Q: What is the quantum of evidence in civil cases?

ANS: The quantum of evidence in civil cases is preponderance of evidence. It is the
weight, credit, and value of the aggregate evidence on either side and is usually
considered to be synonymous with the term "greater weight of the evidence” or "greater
weight of the credible evidence." Preponderance of evidence is a phrase which, in the
last analysis, means probability of the truth. It is evidence which is more convincing to
Ihe court as worthier of belief than that which is offered in opposition thereto (Chua v.
Westmont Bank. G.R. No. 182650, February 27, 2012).
Q: What is the quantum of evidence in administrative cases?

ANS: In cases filed before administrative or quasi-judicial bodies, a fact may be
deemed established if it is supported by substantial evidence, or that amount of relevant
evidence which a reasonable mind might accept as adequate lo justify a conclusion
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Q: Define clear and convincing evidence.

ANS: Clear and convincing evidence is a standard lower than proof beyond reasonable
doubt but higher than preponderance of evidence (Govt, of Hong Kong v. Olalia, G.R.
No. 153675. April 19. 2007).
B. JUDICIAL NOTICE AND JUDICIAL ADMISSIONS

Q: What matters need not be proven by the parties under the Rules of Court?
(JAPAN)
ANS: The following matters need not be proved:
1. Facts which are subject of Judicial notice (RROE, Rule 129, Sees.1-3);
2. Facts which are Admitted (ROC, Rule 129, Sec. 4);
3. Matters Not specifically denied in the answer (ROC, Rule 8, Sec.10)',
4. Facts which are legally Presumed (ROC, Rule 8, Sec. 10);
5. Those which are the subject of an Agreed statement of facts between Ihe
parties (ROC, Rule 30, Sec.6).
Q: What is judicial notice?

ANS: Judicial notice is the cognizance of certain facts which judges may properly take
and act on without proof because they already know them (People v. Tundag, GR Nos.
135695-96, October 12, 2000). Judicial notice can either be mandatory or discretionary
(RROE. Rule 129, Sec. 1-2).
Q: What are the material requisites of judicial notice?

ANS: The material requisites of judicial notice are as follows:
1. Ihe matter must be one of common and general knowledge:
2. It must be well and authoritatively settled and not doubtful or uncertain; and
3. It must be known to be within the limits of the jurisdiction of the court
(Expertavel & Tours, Inc. v. CA. G.R. No. 152392, May 26, 2005).
Q: What must the court use as a guide in determining what facts may be assumed
to be judicially known?
ANS: The principal guide in determining what facts may be assumed to be judicially
known is that of notoriety. Hence, it can be said that judicial notice is limited to facts
evidenced by public records and facts of general notoriety (State Prosecutors v. Mure,
A.M. No. RTJ-92-876, September 19. 1994).
Q: When is judicial notice mandatory? (POTANG-PEN)

ANS: A court shall lake judicial notice without the introduction of evidence, of Ihe
following matters:
1. The Existence and territorial extent of states;
2. Their fiolilical history, forms of government, and symbols of nationality;
3. The law of Nations;
4. The Admiralty and maritime courts of the world and their seals;
5. The Political constitution and history of the Philippines;
6. The Official acts of the legislative, executive and judicial departments of the
National Government of the Philippines;
7. The laws of Nature;
8. The measure of Time; and
9. The geographical divisions (RROE, Rulo 129, Sec. 1).
Q: When is judicial notice discretionary?

ANS: Judicial notice is discretionary on the following matters:
1. Matters which are or public knowledge;
2. Matters capable of unquestionable demonstration; or
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3. Matters ought to be known to judges because of their judicial functions

Q: How can the court take judicial notice of any matter?

ANS: The court, motu propria or upon motion, shall hear the parties on the propriety of
taking judicial notice (RROE, Rule 129, Sec. 3).
Q: When can the court take judicial notice of any matter?

ANS: The following are the stages when the court can take judicial notice of a fact:
1. During pre-trial;
2. During trial;
3. Before judgment; and
4. During appeal (RROE, Rule 129, Sec. 3).
Note: Before judgment or on appeal, the court may take judicial notice of any matter if
decisive of a material issue in the case (RROE. Rule 129, See. 3).
Q: What is the effect of judicial notice on the burden of proving a fact?

ANS’ The taking of judicial notice means that the court will dispense with the traditional
form of presentation of evidence In so doing, the court assumes that the matter is so
notorious thal it would not be disputed (Republic v. Sandiganbayan, G.R. No. 152375.
December 16. 2011).
Q: What is the effect if a foreign law is not pleaded and not proved?
ANS: A party invoking the application of a foreign law has the burden of proving the
law. under Ihe doctrine of processual presumption (ATCI Overseas Corporation v.
Echin, G.R. No. 178551, October 11, 2010). Where a foreign law is not pleaded or, even
if pleaded, is not proved. Ihe presumption is that the foreign law is the same as ours
(EDI-Stdflbuilders International. Inc. v. NLRC. G.R. No. 145587, October 26. 2007).
Q: What is a judicial admission?

ANS: A judicial admission is an admission, oral or written, made by the party in the
course of the proceedings in a same case. It does not require proof. The admission may
be contradicted only by showing that it was made through palpable mistake or that the
impuled admission was not. in fact, made (ROC. Rule 129, Sec. 4).
Q: What are the requisites of a judicial admission?

ANS: The requisites of a judicial admission are the following:
1. It must be made by a party to the case; and
2. The admission, oral or written, must be made in the course of proceedings
in the same case (ROC, Rule 129, Sec.4).
Note: In criminal cases, all agreements or admissions made or entered during the pre
trial conference shall be reduced in writing and signed by the accused and counsel,
otherwise, they cannot be used against the accused (ROC, Rule 118, Sec.2).
Q: What Is the effect of a judicial admission?

ANS: A judicial admission is conclusive upon the party making it and does not require
proof (ROC, Rule 129, Sec. 4; People v. Genosa, G.R. No. 135981, January 15, 2004).
Q: What are the grounds to controvert a judicial admission?

ANS: A judicial admission may be contradicted only by showing that it was made
through palpable mistake or that the imputed admission was not, in fact, made (ROC.
Rule 129, Sec. 4).
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C. OBJECT (REAL) EVIDENCE

Q: What is object evidence?
ANS: Objects as evidence are those addressed to the senses of the court. When an
object is relevant to the fact in issue, it may be exhibited to. examined or viewed by the
court (ROC. Rule 130. Sec. 1).
Note: Documentary and object evidence in support of the allegations must be
contained in the pleading (RROC, Rule 7, Sec. 6, par. C).
Q: How is object evidence presented to the court?

ANS: An object evidence is presented to the court through exhibition, examination, and
viewing (ROC. Rule 130, Sec. 1).
Q: What are the requisites for admissibility of an object evidence?

ANS: The requisites for admissibility of an object evidence are the following:
1. The evidence must be relevant (RROE, Rule 128. Sec. 3)
2. The evidence must be authenticated;
3. The authentication must be made by a competent witness; and
4. The object must be formally offered in evidence (ROC. Rule 132, Sec. 34).
Q: What are the categories of object evidence?

ANS: The following are the categories of object evidence:
1. Objects that have readily identifiable marks (unique object);
2. Objects that are made readily available (objects made unique); and
3. Objects with no identifying marks (non-unique objects) (RIANO, Evidence,
P 125).
CHAIN OF CUSTODY IN RELATION TO SECTION 21 OF THE COMPREHENSIVE

DANGEROUS DRUGS ACT OF 2002
Q: What is the doctrine of chain of custody in relation to Sec. 21 of the
Comprehensive Dangerous Drugs Act of 2002?
ANS: The doctrine of chain of custody is the duly recorded authorized movements and
custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or
laboratory equipment of each stage, from the time of seizure/confiscation to receipt in
the forensic laboratory to safekeeping to presentation in court for destruction (DDB
Regulation No. 1, Series of 2002, Sec. 1)‘.
Q: What are the links in the chain of custody in relation to Sec. 21 of the
Comprehensive Dangerous Drugs Act of 2002? (MIFC)
ANS: The following are the links that must be established in the chain of custody In
buy-bust situations:
1. Seizure and Marking of the confiscated drugs recovered from the
accused - the apprehending officer or poseur-buyer must place his or her
initials and signature on the item/s seized (People v. Ramirez, G.R. No.
225690, January 17. 2018). The apprehending team having initial custody
and control of the drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the presence of: (ARCE-
PM)
a. The Accused or the person/s from whom such items were confiscated
and/or seized, or his/her Representative or Counsel;
b. An Elected public official; and
c. A representative of the National Prosecution Service or the Media.
Note: The foregoing shall be required to sign the copies of the
inventory and be given a copy thereof.
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Note; The physical inventory and photograph shall be conducted at the

place where the search warrant is served; or al the nearest police station or
at the nearest office of Ihe apprehending officer/leam, whichever is
practicable, in case of warrantless seizures.
2. Turnover of the illegal drug seized by the apprehending officer to the
Investigating officer;
3. Turnover by the investigating officer of the illegal drug to the Forensic
chemist for laboratory examination - within 24 hours upon
confiscation/seizure the same shall be submitted to the PDEA Forensic
Laboratory for a qualitative and quantitative examination; and
4. Turnover and submission of the marked illegal drug by the forensic
chemist to the Court - a certification of the forensic laboratory examination
results, which shall be done under oath by the forensic laboratory examiner,
shall be issued within 24 hours after the receipt of the subject ilem/s. (RA
9165, otherwise known as COMPREHENSIVE DANGEROUS DRUGS ACT.
Sec.21. People v. Oue. G.R. No. 212994. January 31. 2018)
Q: What is the duty of the prosecution in relation to the chain of custody

requirement?
ANS: The prosecution must be able to account for each link in the chain of custody
over the dangerous drug from the moment of seizure up to its presentation in court as
evidence of the corpus delicti (People v. Ano. G.R. No. 230070, March 14. 2018).
Q: What is the essential purpose of the chain of custody requirement?

ANS: The purpose is to show that the integrity and evidentiary value of the seized
illegal drugs have been preserved, i.e., the illegal drugs being offered in court as
evidence is. without a specter of doubt, the very same item recovered in the buy-bust
operation (People v. Moner, G.R. No. 202206. March 5, 2018).
Q: Will non-compliance with the chain of custody render evidence inadmissible?

ANS: No. Non-compliance with Sec. 21 of R.A. No. 9165 will not render the drugs
inadmissible in evidence. There is no provision in the law or in any rule that will bring
about non-admissibility due to non-compliance therewith. The issue is not of
admissibility, but of weight - evidentiary merit or probative value - to be given the
evidence (People v. Moner. G.R. No. 202206. March 5. 2018).
Q: What is the effect if there is a failure to strictly comply with the chain of
custody?
ANS: Failure to strictly comply with the chain of custody does not ipso facto invalidate
or render void the seizure and custody over the items as long as the prosecution is able
to show that
1 . There is justifiable ground for non-compliance; and
2 The integrity and evidentiary value of the seized items are properly
preserved (People v. Ramirez. G.R. No. 225690, January 17. 2018)
DNA EVIDENCE
Q: When shall the Rule on DNA Evidence apply?
ANS: It shall apply whenever DNA evidence is offered, used, or proposed lo be offered
or used as evidence in all criminal and civil actions as well as special proceedings (A M.
No. 06-11 -5-SC. Sec. 1) [hereinafter Rule on DNA Evidence].
Q: Define DNA.
ANS: DNA stands for deoxyribonucleic acid, which is the chain of molecules found in
every nucleated cell of the body. The totality of an individual's DNA is unique for Ihe
Individual, except identical twins (Rule on DNA Evidence. Sec 3).
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Q: Define DNA Evidence

ANS: DNA evidence constitutes the totality of the DNA profiles, results and other
genetic information directly generated from DNA testing of biological samples (Rule on
DNA Evidence. Sec. 3).
Q: How may a judicial order for a DNA testing be obtained?

ANS: The appropriate court may, at any time, either motu proprio or on application of
any person who has a legal interest in the matter in litigation, order a DNA testing. Such
order shall issue after due hearing and notice tn the parties upon a showing of the
following:
1. A biological sample exists that is relevant to the case;
2. The biological sample:
a. Was not previously subjected to the type of DNA testing now
requested; or
b. Was previously subjected to DNA testing, but the results may require
confirmation for good reasons;
3. The DNA testing uses a scientifically valid technique;
4. The DNA testing has the scientific potential to produce new information that
is relevant lo the proper resolution of the case; and
5. The existence of other factors, if any. which the court may consider as
potentially affecting the accuracy of integrity of the DNA testing (Rule on
DNA Evidence, Sec.4).
Q: Is a court order always required before undertaking a DNA testing?

ANS: No. The Rule on DNA Evidence under Sec. 4 does not preclude a DNA testing,
without need of a prior court order, at the behest of any party, including law enforcement
agencies, before a suit or proceeding is commenced (Rule on DNA Evidence, Sec.4).
Q: Can a party appeal the order of the court ordering DNA testing?
ANS: No. An order granting the DNA testing shall be immediately executory and shall
not be appealable. Any petition for certiorari initiated therefrom shall not. in any way.
stay the implementation thereof, unless a higher court issues an injunctive order.
Note: The grant of DNA testing application shall not be construed as an automatic
admission into evidence of any component of the DNA evidence that may be obtained
as a result thereof (Rule on DNA Evidence, Sec.5).
Q: When may a post-conviction DNA testing, without need of a prior court order,
be availed of?
ANS: Post-conviction DNA testing may be available, without need of prior court order,
lo the prosecution or any person convicted by final and executory judgment provided
that:
1. A biological sample exists;
2. Such sample is relevant to the case; and
3. The testing would probably result in the reversal or modification of the
judgment of conviction (Rule on DNA Evidence, Sec. 6).
Q: What remedy is available to the convict if the results of the post DNA testing
are favorable to him?
ANS: The convict or the prosecution may file a petition for a writ of habeas corpus in
the court of origin if the results of the post-conviction DNA testing are favorable to the
convict. In the case the court, after due hearing finds the petition to be meritorious, it
shall reverse or modify the judgment of conviction and order the release of the convict,
unless continued detention is justified for a lawful cause (Rule on DNA Evidence. Sec.
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Note: A similar petition may be filed either in the Court of Appeals or the Supreme
Court, or with any member of said courts, which may conduct a hearing thereon or
remand the petition to the court of origin and issue the appropriate orders (Rule on DMA
Evidence, Sec. 10)
Q: What shall the court consider in assessing the probative value of DNA
evidence?
ANS: In assessing the probative value of Ihe DNA evidence presented, the court shall
consider the following:
1. The chain of custody, including how the biological samples were collected,
how they were handled, and the possibility of contamination of the samples;
2. The DNA testing methodology, including the procedure followed in analyzing
the samples, the advantages and disadvantages of the procedure, and
compliance with the scientifically valid standards in conducting the tests;
3. The forensic DNA laboratory, including accreditation by any reputable
slandards-setting institution and the qualification of the analyst who
conducted the tests. If the laboratory is nol accredited, the relevant
experience of the laboratory in forensic casework and credibility shall be
properly established: and
4. The reliability of the testing result, as hereinafter provided (Rule on DNA
Evidence, Sec. 7).
Q: What shall the court consider in the evaluating the reliability of DNA testing
results?
ANS: In evaluating whether the DNA testing methodology is reliable, the court shall
consider the following:
1. The falsifiability of the principles or methods used, that is, whether the
theory or technique can be and has been tested;
2. The subjection lo peer review and publication of the principles or methods;
3. The general acceptance of the principles or methods by the relevant
scientific community;
4. The existence and maintenance of standards and controls to ensure the
correctness of data generated;
5. The existence of an appropriate reference population database; and
6. The general degree of confidence attributed to mathematical calculations
used in comparing DNA profiles and the significance and limitation of
statistical calculations used in comparing DNA profiles (Rule on DNA
Evidence. Sec. 8).
D. DOCUMENTARY EVIDENCE
MEANING OF DOCUMENTARY EVIDENCE

Q: What is documentary evidence?
ANS: Documents as evidence consists of writings, recordings, photographs, or any
material containing letters, words, sounds, numbers, figures, symbols, or their
equivalent, or other modes of written expression offered as proof of their contents
(RROE. Rule 130, Sec. 2).
Q: What do "Photographs" include in relation to documentary evidence?

ANS: Photographs include still pictures, drawings, stored images, x-ray films, motion
pictures or videos (RROE. Rule 130, Sec. 2).
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REQUISITES FOR ADMISSIBILITY

Q: What are the requisites for admissibility of documentary evidence?
ANS: The following are the requisites for the admissibility of documentary evidence:
1. The document must be relevant;
2. The evidence must be authenticated;
3. The document must he authenticated by a competent witness; and
4. The document must be formally offer in evidence (RIANO, p. 132).
ORIGINAL DOCUMENT RULE

Q: What is the original document rule?
ANS: When the subject of inquiry is the contents of a document, writing, recording,
photograph or other record, no evidence is admissible other than the original document
itself (RROE. Rule 130, Sec. 3).
Q: When does the original document rule apply?

ANS: The original document rule applies only when the content of such document is
the subject of the inquiry. Where the issue is only as to whether such document was
actually executed, or exists, or on the circumstances relevant to or surrounding its
execution. Ihe best evidence rule does not apply and testimonial evidence is admissible.
Note: Where Ihe original document rule does not apply, any other substitutionary
evidence is likewise admissible without need to account for the original (Skunac Corp. v.
Sylianteng, G.R. No. 205879, April 23, 2014).
Q: What is an original document?

ANS: An "original" of a document is the document itself or any counterpart intended to
have Ihe same effect by a person executing or Issuing it (RROE, Rule 130, Sec. 4).
Q: What is considered as an original of a photograph and of data stored in a

computer?
ANS: An "original" of a photograph includes the negative or any print therefrom. If data
is stored in a computer or similar device, any printout or other output readable by sight
or other means, shown to reflect the data accurately, is an "original” (RROE, Rule 130.
Sec. 4).
Nnte: Not all data stored in q computer or similar device Is covered by the Rules on
Electronic Evidence. A computer or a similar device has to be involved in its creation or
storage (MCC Industrial Sales Corp. v. Ssangyong Corp., G.R. No. 170633. October
17, 2007).
Q: What is a duplicate original?

ANS: A "duplicate" is a counterpart produced:
1. By the same impression as the original;
2. From the same matrix;
3. By means of photography, including enlargements and miniatures;
4. By mechanical or electronic re-recording;
5. By chemical reproduction; or
6. By other equivalent techniques which accurately reproduce the original
(RROE, Rule 130, Sec. 4).
?M«!hCn 'S a duP'.'cate inadmissible to the same extent as originals?

ANS. A duplicate is admissible to the same extent as an original unless:
1. A genuine question is raised as to the authenticity of the original; or
2. In the circumstances, it is unjust or inequitable to admit the duplicate in lieu
of the original (RROE, Rule 130, Sec. 4)
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Q: What is secondary evidence?

ANS: Secondary evidence of the contents of a written instrument or document refers lo
evidence other than the original instrument or document itself (EDSA Shangri-La hotel
and Resort, Inc. v. BF Corporation, G.R. No. 145842, June 27, 2008).
Q: What are the exceptions to the original document rule? (PLAN-C)

ANS: The original document rule will not apply in the following cases, and secondary
evidence would be admissible:
1. When the original is Lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
2. When the original is in custody or under the control of the party Against
whom the evidence is offered, and the latter fails to produce it after
reasonable notice, or the original cannot be obtained by local judicial
processes or procedures;
3. When Ihe original consists of Numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to
be established from them is only the general result of the whole;
4. When the original is a Public record in the custody of a public officer or is
recorded in a public officer; and
5. When the oriqinal is nol closely-related lo a Controlling issue (RROE, Rule
130. Sec. 3). ’
Q: What arc the requisites for introduction of secondary evidence when the
original document is lost, destroyed or cannot be produced in court? (ELBC)
ANS: The following are the requisites that the offeror must prove:
1. The Execution or existence of the original;
2. The Loss and destruction of the original or its non-production in court;
3 The unavailability of the original is not due to gad faith on the part of the
proponent/offeror; and
4. The Contents, in the order stated: (CRT)
a. By a Copy;
b By a Recital of its contents in some authentic document; or
c. By the Testimony of witnesses (ROC. Rule 130. Sec. 5; Dantis v.
Maghinang, Jr., G.R. No. 191696, April 10. 2013).
Q: Who can prove the execution of a document? (E-CASA)

ANS: The execution of a document may be proven by any person/s:
1. Who Executed the document;
2. To whom Ihe parties to the instrument had previously Confessed the
execution thereof;
3. Before whom its execution was Acknowledged;
4. Who was present and Saw it executed and delivered;
5 Who. After its execution and delivery, saw it and recognized the signatures
(E. Michael & Co. Inc., v. Enriquez, G.R. No. L-10824, December 24, 1915).
Q: Who can prove the loss or destruction of a document? (KEI)

ANS: The loss or destruction of a document may be proven by:
1. Any person who Knew the fact of loss;
2. Anyone who has made a sufficient Examination in the place/s where the
document or papers of similar character are usually kept by the persons in
whose custody the document lost was and has been unable to find it;
3. Anyone who has made Investigation which is sufficient to satisfy the court
that the instrument is indeed lost (E. Michael & Co. Inc., v. Enriquez, G.R.
No. L-10824, December 24, 1915).
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Q: When can secondary evidence be admitted if the original had duplicates?

ANS: All duplicates or counterparts must be accounted for before using copies. For,
since all the duplicates or muitiplicates are parts of the writing itself to be proved, no
excuse for non-production of the writing itself can be regarded as established until it
appears that all of its parts are unavailable (i.e. lost, retained by the opponent or by a
third person or the like) (Heirs of Prodon v. Heirs of Alvarez, G.R. No. 170604,
September 2. 2013).
Q: Who can prove the contents of a document by way of testimony? (SRH-PC)

ANS: The contents of a document may be proven by any person who:
1. Signed the document;
2. Read it;
3. Who JHeard it being read, knowing or it being proved from other sources that
the document so read was the one in question;
4. Was Present when the contents of the document were talked over between
the parties thereto to such an extent as lo give him reasonably full
information as lo its contents;
5. To whom the parties to the instrument have Confessed or stated the
contents thereof (E. Michael & Co. Inc., v. Enriquez, G.R. No. L-10824.
December 24, 1915).
Q: What arc the requisites for introduction of secondary evidence when the
original document is with the adverse party? (CNEF)
ANS: The following are the requisites:
1. The document is in the Custody or under control of the adverse party;
2. He or she must have reasonable Notice to produce it;
3. There is satisfactory proof of its Existence; and
4. After such notice, he or she Fails to produce the document (ROC, Rule 130,
Sec. 6).
Q: How is an adverse party notified to produce an original document under his

custody?
ANS: The notice may be in the form of a motion for the production of the original or
made in open court In the presence of the adverse parly or via a subpoena duces
tecum, provided that the party in custody of the original has sufficient time to produce
the same (EDSA Shangri-La hotel and Resort, Inc. v. BF Corporation, G.R. No. 145842,
June 27, 2008).
Note: Thus, when the original cannot be obtained by local judicial processes or
procedures (as given above), secondary evidence may be admitted (Magdayao v.
People, G.R. No. 152881, August 17, 2004; RROE, Rule 130, Sec. 2).
Q: What are the requisites for the introduction of secondary evidence when the
original is a public record?
ANS: When the original of a document is in the custody of a public officer or is
recorded in a public office, its contents may be proved by:
1 - A certified true copy thereof; or
2. An official publication thereof (SAAD Agro-lndustries, Inc. v. Republic, G.R.
No. 152570, September 27, 2006).
Q: What Is the rule of irremovability of Public Records?

ANS: The rule of irremovability of public records provides that any public record, an
official copy of which is admissible in evidence, must not be removed from the office in
which it is kept, except upon order of a court where the inspection of Ihe record is
essential to the just determination of a pending case (ROC. Rule 132, Sec. 26).
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Q: When may a party present the contents of documents in the form of

summaries?
ANS: When the contents of documents, records, photographs, or numerous accounts
are voluminous and cannot be examined in court without great loss of time and the fact
sought to be established is only the general result of the whole, the contents of such
evidence may be presented in the form of a chart, summary or calculation.
Note. The originals shall be available for examination or copying, or both, by the
adverse party at a reasonable time and place. The court may order that they be
produced in court (RROE, Rule 130, Sec. 7).
ELECTRONIC EVIDENCE
Q: Define electronic document.
ANS: An electronic document refers to information or the representation of information,
data, figures, symbols or other modes of written expression, described or however
represented, by which a right is established or an obligation extinguished, or by which a
fact may be proved and affirmed, which is received, recorded, transmitted, stored,
processed, retrieved or produced electronically. It includes digitally signed documents
and any print-out or output, readable by sight or other means, which accurately reflects
the electronic data message or electronic document (A M. No. 01-7-01-SG. Rule 2,
Sec. 1(h)) [hereinafter Rules on Electronic Evidence]).
Q: Define electronic data message.

ANS: Electronic data message refers to information generated, sent, received or stored
by electronic, optical or similar means (Rules on Electronic Evidence. Rule 2, Sec.1(g)).
Q: Will other rules on evidence apply to electronic evidence?

ANS: Yes. In all matters not specifically covered by these Rules, the Rules of Court
and pertinent provisions of statues containing rules on evidence shall apply (Rules on
Electronic Evidence. Rule 1, Sec. 3).
Q; Distinguish electronic data message from electronic document

ANS: While "data message" has reference lo information electronically sent, stored or
transmitted, il does not necessarily mean that it will give rise to a right or extinguish an
obligation, unlike an electronic document.
Note: Evident from the law, however, is the legislative intent to give the two terms the
same construction (MCC industrial Sales Corporation v. Ssangyong Corporation, G.R.
No. 170633, October 17, 2007).
Q: What is the original of an electronic document?

ANS: An electronic document shall be regarded as the equivalent of an original
document under the Best Evidence Rule if it is a printout or output readable by sight or
other means, shown to reflect the data accurately (Rules on Electronic Evidence. Rule
4, Sec. 1).
Q: When may copies or duplicates of electronic documents be regarded as

original?
ANS: When a document is in two or more copies executed at or about the same time
with identical contents, or is a counterpart produced by the same impression as the
original, or from the same matrix, or by mechanical or electronic re-recording, or by
chemical reproduction, or by other equivalent techniques which is accurately reproduces
Ihe original, such copies or duplicates shall be regarded as the equivalent of the original
(Rules on Electronic Evidence. Rule 4. Sec. 2).
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Q: When are copies or duplicates of electronic documents Inadmissible to the

same extent as the original?
ANS: They shall not be admissible to the same extent as the original if:
1. A genuine question is raised as to the authenticity of the original; or
2. In the circumstances it would be unjust or inequitable to admit a copy in lieu
of the original (Rules on Electronic Evidence, Rule 4, Sec. 2).
Q: Why are facsimile transmissions not considered as electronic documents?

ANS: The terms "electronic data message" and "electronic document” do not include a
facsimile transmission. It is not the functional equivalent of an original under the Best
Evidence Rule and is not admissible as electronic evidence. A facsimile is not a genuine
and authentic pleading. Il is, at best, an exact copy preserving all the marks of an
original. Without the original, there is no way of determining on its face whether the
facsimile pleading is genuine and authentic and was originally signed by the party and
his counsel. It may, in fact, be a sham pleading (MCC Industial Sales Corp. v.
Ssangyong Corp.. G.R. No. 170633. October 17. 2007).
Q: Why are photocopies of paper-based documents not considered electronic

documents?
ANS: Where the photocopies reveal that not all of the contents therein may be
recorded or produced eleclronically. such as a person's signature affixed manually, such
cannot be considered as information electronically received, recorded, transmitted,
stored, processed, retrieved or produced. Hence, the argument that since these paper
printouts were produced through an electronic process, then these photocopies are
electronic documents, is obviously erroneous (NPC v. Judge Codilia. G.R. No. 170491,
April 4, 2007).
Q: What are the requisites for admissibility of electronic evidence?

ANS: An electronic evidence is admissible if il complies with the rules on admissibility
prescribed by (he Rules of Court and related laws and is authenticated in the manner
prescribed by the Rules on Electronic Evidence (Rules on Electronic Evidence, Rule 3.
Sec. 6).
Q: What are the factors which the court must consider in assessing the
evidentiary weight of an electronic document?
ANS: In assessing the evidentiary weight of an electronic document, Ihe following
factors may be considered:
1. The reliability of the manner or method in which it was generated, stored or
communicated, including but not limited to input and output procedures,
controls, tests and checks for accuracy and reliability of the electronic dala
message or document, in the light of all ihe circumstances as well as any
relevant agreement;
2. The reliability of the manner in which its originator was identified;
3. The integrity of the information and communication system in which il is
recorded or stored, including but not limited to the hardware and computer
programs or software used as well as programming errors;
4. The familiarity of the witness or the person who made Ihe entry with the
communication and information system;
5. The nature and quality of the information which went into the communication
and information system upon which the electronic dala message or
electronic document was based; or
6. Other factors which the court may consider as affecting the accuracy or
integrity of Ihe electronic document or electronic data message (Rules on
Electronic Evidence, Rule 7, Sec. 1).
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Q: How can the admissibility and evidentiary weight of an electronic document be

established?
ANS: All matters relating to the admissibility and evidentiary weight of electronic
document may be established by an affidavit stating facts of direct personal knowledge
of the affiant or based on authentic records. The affidavit must affirmatively show the
competence of the affiant to testify on the matters contained therein (Rules on Electronic
Evidence, Rule 9, Sec. 1).
Q: How are private electronic documents authenticated?

ANS: Before any private electronic document offered as authentic is received in
evidence, its authenticity must be proved by any of the following means:
1. By evidence that it had been digitally signed by the person purported lo
have signed Ihe same;
2. By evidence that other appropriate security procedures or devices as may
be authorized by the Supreme Court or by law for authentication of
electronic documents were applied to the document; or
3. By other evidence showing ils integrity and reliability to the satisfaction of
Ihe judge (Rules on Electronic Evidence, Rule 5. Sec. 2).
Q: What is an electronic signature?

ANS: Electronic signature refers lo any distinctive mark, characteristic and/or sound in
electronic form, representing the identity of a person and attached to or logically
associated wilh Ihe electronic data message or electronic document or any methodology
or procedure employed or adopted by a person and executed or adopted by such
person with the intention of authenticating, signing or approving an electronic data
message or electronic document.
Note: For purposes of these Rules, an electronic signature includes digital signatures
(Rules on Electronic Evidence. Rule 2, Sec. 1[j]).
Q: What is a digital signature?

ANS: Digital signature refers to an electronic signature consisting of a transformation of
an electronic document or an electronic data message using an asymmetric or public
cryptosystem such that a person having the initial untransformed electronic document
and Ihe signer's public key can accurately determine:
1. Whether Ihe transformation was created using the private key that
corresponds to the signer's public key; and
2. Whether the initial electronic document had been altered after the
transformation was made (Rules on Electronic Evidence. Rule 2. Sec. 1[e]).
Q: How is an electronic signature authenticated?

ANS: An electronic signature may be authenticated in any of the following manner:
1. By evidence that a method or process was utilized to establish a digital
signature and verify the same;
2. By any other means provided by law; or
3. By any other means satisfactory to the judge as establishing the
genuineness of the electronic signature (Rules on Electronic Evidence. Rule
6, Sec. 2).
Q: What are electronic business records under the Rules on Electronic Evidence?
ANS: The term includes a memorandum, report, record or data compilation of acts,
events, conditions, opinions, or diagnoses, made by electronic, optical or other similar
means (Rules on Electronic Evidence, Rule 8, Sec. 1).
Note: Business records include records of any business, institution, association,
profession, occupation, and calling of every kind, whether or not conducted for profit, or
for legitimate purposes (Rules on Electronic Evidence, Rule 2, Sec. 1).
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Q: What are the requisites for electronic business records to be excepted from
the hearsay rule?
ANS: For the exception to the hearsay rule to apply, the electronic business record
must be:
1. Made by electronic, optical or other similar means;
2. Made at or near the time of the transaction;
3. Made by. or from transmission or supply of information by. a person wilh
knowledge of the transaction;
4. Kept in the regular course or conduct of a business activity; and
5. It is the regular practice to make Ihe electronic business records by
electronic, optical or similar means (Rules on Electronic Evidence, Rule 8.
Sec. 1).
Note: The above requisites are shown by the testimony of the custodian or other
qualified witnesses (Rules on Electronic Evidence, Rule 8, Sec. 1).
Q: How may electronic business records, excepted from the hearsay rule, be
contested?
ANS: It may be overcome by evidence of the untrustworthiness of the source of
information or the method or circumstances of the preparation, transmission or storage
thereof (Rules on Electronic Evidence, Rule 8. Sec. 2).
Q: When is audio, photographic and video evidence of events admissible under

the Rulos on Electronic Evidence?
ANS: Audio, photographic and video evidence of events, acts or transactions shall be
admissible provided:
1. It shall be shown, presented or displayed to the court; and
2. Shall be identified, explained or authenticated by the person who made the
recording or by some other person competent to testify on the accuracy
thereof (Rules on Electronic Evidence, Rule 11, Sec. 2).
Q: What is an ephemeral electronic communication?

ANS: Ephemeral electronic communication refers lo telephone conversations, text
messages, chat room sessions, streaming audio, streaming video and other electronic
forms of communication, the evidence of which is not recorded or retained (Rules on
Electronic Evidence, Rule 2. Section 1(k)).
Q: How shall an ephemeral electronic communication be proved?

ANS: Ephemeral electronic communications shall be proven by the testimony of a
person who was a party to the same or has personal knowledge thereof. In the absence
or unavailability of such witnesses, other competent evidence may be admitted (Rules
on Electronic Evidence, Rule 11, Sec. 2).
Note: If the ephemeral communications are recorded or embodied in an electronic

document, then the provisions of Rule 5 (Authentication of Electronic Documents) shall
apply (Rules on Electronic Evidence. Rule 11, Sec. 2).
PAROL EVIDENCE RULE

Q: What is the Parol Evidence Rule?
ANS: Under the Parol Evidence Rule, when the terms of an agreement have been
reduced into writing, il is considered as containing all the terms agreed upon and there
can be, as between the parlies and their successors in interest, no evidence of such
terms other than the contents of the written agreement.
Note: The term “agreement" includes wills (RROE. Rule 130, Suu. 10).
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Q: What are the requisites for the applicability of the parol evidence rule?
ANS: The requisites for applicability of the parol evidence rule are the following:
1. There must be a valid contract;
2. The terms of the agreement must be reduced into writing;
3. The dispute is between parties and their successors in interest; and
4. There is dispute as to the terms of the agreement (RROE, Rule 130, Sec.
10; 5 HERRERA, supra at 207).
Q: What are the exceptions to the parol evidence rule? (VITA)

ANS: A party may present evidence to modify, explain or add to the terms of the
written agreement if he or she puts in issue in a verified pleading:
1. An Intrinsic ambiguity, mistake or imperfection in the v/ritten agreement;
2. The' failure of the written agreement to express the True intent and
agreement of the parties thereto;
3. The Validity of the written agreements; or
4. The existence of other terms agreed to by the parlies or their successors in
interest After the execution of the written agreement.
Note: The RROE now requires that the pleading in which the issue is raised be verified
(RROE, Rule 130. Sec. 10).
Q: Does the parol evidence rule bar the admissibility of separate and collateral
agreements?
ANS: No. A party to a contract may prove the existence of any separate oral
agreement as to any matter which is not inconsistent with its terms. This may be done if.
from the circumstances of the case, the court believes that the document does not
convey entirely the whole of the parties’ transaction (Sps. Amoncio v. Benedicto. G.R.
No. 171707, July 28. 2008).
Q: When is there "an intrinsic ambiguity, mistake or imperfection in the written

agreement?"
ANS: The first exception (to the parol evidence rule) applies when the ambiguity or
uncertainty is readily apparent from leading Ihe contract. The wordings are so defective
that what the author of the document intended to say cannot be deciphered. It also
covers cases where the parlies commit a mutual mistake of fact, or where the document
is manifestly incomplete as Ihe parties do not intend lo exhibit the whole agreement but
only to define some of its terms (Sps. Amoncio v. Benedicto. G.R. No. 171707. July 28.
2008).
Q: When is there "failure of the written agreement to express the true intent and
agreement of the parties?"
ANS: The second exception (to the parol evidence rule) includes instances where the
contract is so obscure that the contractual intention of the parties cannot be understood
by mere inspection of the instrument. Thus, extrinsic proof of its subject matter, of the
relation of the parties and of the circumstances surrounding them when they entered
into the contract may be received as evidence (Sps. Amoncio v. Benedicto, G.R No
171707, July 28. 2008).
Q: Is the parol evidence rule applicable when a party introduces evidence to show
invalidity of the contract?
ANS: The parol evidence rule does not apply where the purpose of introducing the
evidence is to show the invalidity of the contract. This includes cases where a party
alleges that no written contract ever existed, or the parties fail to agree on the terms of
Ihe contract, or there is no consideration for such agreement fSps. Amoncio v.
Benedicto, G.R No. 171707, July 28, 2008).
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Q: Can a party put in issue the due execution of a contract?

ANS: Yes. The fourth exception under the parol evidence rule involves a situation
where the due execution of the contract or document is in issue (Sps. Amoncio v.
Benedicto. G.R. No. 171707. July 28. 2008).
Q: Distinguish original document rule from the parol evidence rule.

ANS: The distinctions are as follows:
PAROL EVIDENCE vs. ORIGINAL
------ 1
DOCUMENT RULE
Parol Evidence , Original-Document Rule
As to Where the original is available Where the original is not available in

Applicability. in court. court and/ or there is a dispute as lo
whether said writing is the original.
As to What : Precludes the admission of Precludes the admission of

is Prohibited other evidence to prove the secondary evidence if the original
terms of a document other than document is available.
the contents of the document
itself for the purpose of varying
__ ____ ' the terms of the writing.
As to Who Can only be invoked by the Can be invoked by any litigant lo an
Can Invoke |iHiiies tn II it* dcicunieiil hi id action whether or not said litigant is a
their successors in interest party to the document involved.
? As to the ■ Applies only to written Applies to all forms of writing

Nature of agreements or contract,
Documents including wills.
(RIANO, Evidence, p.188-189)
AUTHENTICATION AND PROOF OF DOCUMENTS

Q: What is authentication?
ANS: Authentication means the act or mode of giving authenticity to a olatute, record
or other written instrument, or a certified copy thereof, so as to render it legally
admissible in evidence (5 HERRERA, supra at 262).
Q: What are considered as public documents under the Rules on Evidence?

ANS: For the purpose of their presentation evidence, public documents are:
1. The written official acts or records of the official acts of the sovereign
authority, official bodies and tribunals, and public officers, whether of Ihe
Philippines, or of a foreign country;
2. Documents acknowledged before a notary public except last wills and
testaments;
3. Documents that are considered public documents under treaties and
conventions which are in force between the Philippines and the country of
source; and
4. Public records, kept in the Philippines, of private documents required bylaw
to be entered therein.
Note: All other writings are private (RROE, Rule 132, Sec. 19).
Q: When is authentication of a private document required?

ANS: Where the private document is offered in evidence as authentic, there is a need
to prove its due execution and authenticity. If the document or writing is not offered as
authentic, it only needs to be identified as that which it is claimed to be (RROE, Rule
132, Sec. 20: Franco v. People, G.R. No. 191185, February 1, 2016).
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Q: How must the due execution and authenticity of a private document be

proved?
ANS: Before any private document offered as authentic is received in evidence, its due
execution and authenticity must be proved by any of the following means:
1. By anyone who saw the document executed or written;
2. By evidence of the genuineness of the signature or handwriting of the
maker; or
3. By other evidence showing its due execution and authenticity (RROE. Rule
132, Sec. 20)
Q: Cite instances where authentication of private documents is not required.
ANS: The following are instances where such authentication is not required:
1. When the genuineness and authenticity of an actionable document have not
been specifically denied under oath by the adverse party (RROC. Rule 8.
Sec. 8);
2. When the genuineness and authenticity of the document constitute judicial
admissions (ROC. Rule 129, Sec. 4);
3. When the document is not being offered as authentic (RROE, Rule 132,
Sec. 19). and
4. When the document is an ancient one within the context of the Rules on
Evidence (ROC. Rule 132. Sec. 21; RIANO. p. 170).
Q: When are "Ancient documents” admissible even without proof of authenticity?

ANS: No other evidence of its authenticity need be given where a private document is:
1. More than 30 years old;
2. Produced from a custody in which it would naturally be found if genuine; and
3. Unblemished by any alterations or circumstances of suspicion (ROC, Rule
132. Sec. 21).
Q: How may the handwriting of a person be proved as genuine?

ANS: The handwriting of a person may be proved by any witness who believes it to be
Ihe handwriting of such person because he or she has seen the person write, or has
seen writing purporting to be his or hers upon which the witness has acted or been
charged, and has thus acquired knowledge of the handwriting of such person (ROC.
Rule 132, Sec. 22).
Q: May evidence respecting the handwriting of a person be also given by

comparison?
ANS: Yes. The Rules explicitly authorizes the witness, or the court, by itself, to make a
comparison of Ihe disputed handwriting with;
1. Writings admitted or treated as genuine by the party against whom the
evidence is offered; or
2. Proved lo be genuine to the satisfaction of the judge (ROC. Rule 132. Sec.
22; Almeda v. Heirs of Almeda, G.R. No. 194189, September 14. 2017).
Q: Are the opinions of handwriting experts binding upon the court?

ANS: No. The opinions of handwriting experts are not necessarily binding upon the
court, the expert's function being to place before the court data upon which the court
can form its own opinion. This principle holds true especially when the question involved
is mere handwriting similarity or dissimilarity, which can be determined by a visual
comparison of specimens of Ihe questioned signatures with those of the currently
existing ones (Heirs of Donton v. Stier, G.R. No. 216491, August 23, 2017).
Q Are public documents presumed to be authentic under the Rules on Evidence?

ANS: Yes. In Ihe presentation of public documents as evidence, due execution and
authenticity thereof are already presumed, until the contrary is shown by clear and
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convincing proof (Heirs of Ochoa v. G&S Transport Corporation, G.R. No. 170071, July
16. 2012).
Q: What is the probative value of public documents?

ANS: The probative value of public documents is as follows:
1. Public records made in the performance of a duty by a public officer-
prima facie evidence of the facts stated therein.
2. All other public documents - evidence, even against a third person, of Ihe
fact which gave rise to their execution and of the date of the latter.
Q: What do "Public records made in the performance of a duty by a public officer"

include?
ANS: These include public documents which are:
1. The written official acts, or records of the official acts of the sovereign
authority, official bodies and tribunals, and public officers, whether of the
Philippines, or of a foreign country (RROE, Rule 132, Sec. 19(a)); and
2. The acknowledgement, affirmation or oath, or jurat portion of public records,
kept in the Philippines, of private documents required by law to be entered
therein (RROE, Rule 132, Sec. 19(d); Philippine Trust Co. v. CA, G.R. No.
150318, November 22, 2010).
Q: Is a document acknowledged before a notary public prime facie evidence of

the facts stated therein?
ANS: No. Such notarized document is merely proof of the fact which gave rise to their
execution and the date of the latter. Additionally, the acknowledgement in a notarized
document is prima facie evidence of the execution of the instrument or document
involved (ROC. Rule 132, Secs. 23 and 30; Philippine Trust Co. v. CA. G.R. No.
150318. November 22, 2010).
Q: How are official records proved?

ANS: The written official acts or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines, or of a
foreign country may be evidenced by:
1. An official publication thereof; or
2. A copy attested by the officer having the legal custody of the record, or by
his or her deputy.
Note: If Ihe record is not kept in the Philippines, such attested copy must be
accompanied with a certificate that such officer has the custody (RROE,
Rule 132, Sec. 24; RIANO, p. 174).
Q: What are the rules as to the requirements of accompanying certificate if the

record is nut kept In the Philippines?
ANS: The following are the rules as to the requirements of accompanying certificate if
the records is not kept in the Philippines?
1. If the office in which the record is kept is in a foreign country, which is
a contracting party to a treaty or convention to which the Philippines is
also a party, or considered a public document under such treaty or
convention pursuant to Rule 132. Sec. 19(c), the certificate or its equivalent
shall be in the form prescribed by such treaty or convention subject to
reciprocity granted to public documents originating from the Philippines.
2. For documents originating from a foreign country which is not a
contracting party to a treaty or convention referred to in the next
preceding sentence, the certificate may be made by a secretary of the
embassy of legation, consul general, consul, vice-consul, or consular agent
or by any officer in the foreign service of the Philippines stationed in the
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foreign country in which the record is kept, and authenticated by the seal of
his or her office.
3. When a treaty or convention between a foreign country and the
Philippines has abolished the requirement, or has exempted in the
document itself from this formality, the certificate shall not be required.
Note: A document that is accompanied by a certificate or its equivalent may be
presented in evidence without further proof, the certificate or its equivalent being prima
facie evidence of the due execution and genuineness of the document involved (RROE,
Rule 132, Sec. 24).
Q: What must the attestation of a copy of a document or record state?

ANS: Whenever a copy of a document or record is attested for the purpose of
evidence, the attestation must state, in substance, that Ihe copy is a correct copy of the
original, or a specific part thereof, as the case may be. The attestation must be under
the official seal of the attesting officer, if there be any. or if he or she be the clerk of court
having a seal, under the seal of such court (ROC. Rule 132, Sec. 25).
Q: When may a public record be removed from the office in which it is kept?
ANS: As a rule, any public record, an official copy of which is admissible in evidence,
must not be removed from the office in which it is kept, except upon order of a court
where the inspection of the record is essential to the just determination of a pending
case (ROC, Rule 132, Sec. 26).
Q: How may a public record of a private document be proved?

ANS: An authorized public record of a private document may be proved by:
1. The original record: or
2. A copy thereof, attested by the legal custodian of the record, with an
appropriate certificate that such officer has the custody (ROC. Rule 132,
Sec. 27).
Q: Does a private document subject of an authorized public record become a

public document?
ANS: No. What is contextually considered a public document is not the private writing,
but the public record thereof (Yuchengco v. Sandiganbayan. G.R. No. 149802. January
20. 2006). Stated otherwise, if a private writing itself is inserted officially into a public
record, its record, its recordation, or its incorporation into the public record becomes a
public document, but that dues nut make the piivale writing itself a public document so
as to make it admissible without authentication (2 REGALADO, p. 810 citing Republic v.
Worldwide Insurance & Surely Co., 62 O.G. 8857).
Q: How is lack of official record or entry proved?

ANS: It is proved by a written statement signed by an officer having the custody of an
official record or by his deputy that after diligent search no record or entry of a specified
tenor is found to exist in the records of his office, accompanied by a certificate that such
officer has Ihe custody of official records (ROC, Rule 132. Sec. 28; ROC. Rule 132, Sec.
27).
Q: How may a judicial record be impeached? (JCF)

ANS: A judicial record may be impeached by evidenco of:
1. Want of Jurisdiction in the court or judicial officer;
2. Collusion between the parties; or
3. Fraud in the party offering Ihe record, in respect to Ihe proceedings (ROC.
Rule 132. Sec. 29).
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Q: Are documents acknowledged before a notary public required to be

authenticated?
ANS: No. Notarial documents may be presented in evidence without further proof, the
certificate of acknowledgment being prima facie evidence of the execution of the
instrument or document involved (ROC, Rule 132, Sec. 30), except last wills and
testaments (RROE, Rule 132, Sec. 19).
Note: Not oil notarized documents arc exempted from the rule on authentication. Thus,
an affidavit does not automatically become a public document just because it contains a
notarial jural (Cequena v. Bolante, G.R. No. 13/994, April 6. 2000).
Q: What is the effect of an improperly notarized document?

ANS: An improperly notarized document cannot be considered a public document and
will not enjoy the presumption of its due execution and authenticity. It is a private
document (Dela Rama v. Papa, G.R. No. 142309, January 30, 2009).
Q: When will an alteration affect the admissibility of a document?

ANS: An alteration in a document may affect its admissibility if:
1. The document is being offered as genuine;
2. The alteration was made after the execution of the document; and
3. The alteration is in a part material to the question in dispute (ROC, Rule
132, Sec. 31).
Q: How may a party producing an altered document explain the alturution? (ACIM)
ANS: He must show that:
1. The alteration was made by Another, without his concurrence; or
2. The alteration was made with the Consent of the parties affected by it; or
3. The alteration was otherwise properly or Innocently made; or
4. The alteration did not change the Meaning or language of the instrument
Note: If he fails to do that, the document shall not be admissible in evidence
Q: When are documents written in an unofficial language admissible In evidence?
ANS: Documents written in an unofficial language shall not be admitted as evidence
unless accompanied with a translation into English or Filipino.
Note: To avoid interruption of proceedings, parties or their attorneys are directed to
have such translation prepared before trial (ROC, Rule 132, Sec. 33).
E. TESTIMONIAL EVIDENCE
Q: What is testimonial evidence?
ANS: Testimonial or oral evidence is evidence elicited from the mouth of a witness as
distinguished from real and documentary evidence (Black's Law Dictionary, 5"' Ed.,, p.
1323). It consists of the statement of a witness ottered to the court. It may be oral/live or
by judicial affidavit (RIGUERA, p. 481).
Q: Who is a witness?
ANS: A witness refers to a person who testifies in a case or gives evidence before a
judicial tribunal (FRANCISCO, Basic Evidence. 2017, p.387).
Q: Under the Revised Rules of Court, what must be included in the pleadings of
witnesses in order for them to be presented in court?
ANS: Every pleading shall state a summary of the witnesses' intended testimonies,
provided that the judicial affidavits of said witnesses shall be attached to the pleading
and form an integral part thereof. Only witnesses whose judicial affidavits are attached
to the pleading shall be presented by the parties during trial.
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Note: Except if a party presents meritorious reasons as basis for the admissions of
additional witnesses, no other witness or affidavits shall be heard or admitted by the
court (RROC, Rule 7, Sec. 6).
QUALIFICATIONS OF A WITNESS
Q: Who are qualified to be witnesses?
ANS: Alt persons who can perceive, and perceiving, can make known their perception
toothers, may be witnesses (RROE, Rule 130, Sec.21).
Q: May a witness be disqualified on the ground of religious or political belief, or

interest in the outcome of the case?
ANS: No. Religious or political belief, interest in the outcome of the case, or conviction
of a crime, unless otherwise provided by law, shall not be a ground for disqualification
Note: The phrase "conviction of a crime unless otherwise provided by law" takes into
account Article 821 of the Civil Code which stales that persons convicted of falsification
of a document, perjury or false testimony are disqualified from being witnesses to a will
(People v. Umali, G.R. No. 84450, February 4. 1991).
Q: Upon what matters may witnesses be allowed to testify?

ANS: A witness can testify only to those facts which he or she knows of his or her
personal knowledge; that is, which are derived from his or her own perception (RROE,
Rule 130, Sec. 22).
Q: What are the qualifications of a witness?

ANS: A witness must show that he has the ability:
1. To observe - the testimonial duty of perception;
2. To remember — the testimonial quality of memory;
3. To relate - the testimonial quality of narration; and
4. To recognize a duty to tell the truth - the testimonial quality of sincerity (5
HERRERA, supra at 278).
Q: Define competency of a witness.

ANS: Competency of witness means the legal fitness or ability of a witness to be heard
on the trial of a cause (FRANCISCO, p. 387).
Q: What Is the presumption of competency when it comes to witnesses?

ANS: As a rule, when a witness takes the witness stand, the law. on the ground of
public policy, presumes that he is competent. The court cannot reject the witness in the
absence of proof of his incompetency. The burden is. therefore, upon the party objecting
lo Ihe competency of a witness to establish the ground of incompetency (People v.
Pruna. G.R. No. 138471, October 10, 2002).
Q: When Is there a presumption of incompetency against a witness?

ANS: Prima facie evidence of incompetency exists in the following circumstances:
1. The fact that a person has been recently found of unsound mind by a court
of competent jurisdiction;
2. That one is an inmate of an asylum for the insane (Torres v. Lopez, G.R.
No. L-24569, February 26. 1926).
Q: Who determines the competency of a witness?

ANS: The decision of competency of a witness rests primarily with the trial judge who
secs the proposed witness, notices his manner, his apparent possession or lack of
intelligence, and may resort to any examination which will tend to disclose his capacity
and intelligence as well as his understanding of Ihe obligations of an oath (U.S. v.
Buncad, G.R. No. L-7638, October 10. 1913).
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Q: What is a voir dire examination?

ANS: A voir dire examination, or a competency examination is a preliminary
examination conducted by the trial judge where the witness is duly sworn to answer as
to his competency (5 HERRERA, supra at 281).
Q: What are the disqualifications for witnesses under the Revised Rules on
Evidence?
ANS: The following are the disqualifications under the Revised Rules on Evidence:
1. Disqualification by reason of marriage (RROE. Rule 130, Sec. 23);
2. Disqualification by reason of privileged communication (RROE, Rule 130,
Sec. 24)
a. Between husband and wife;
b. Between and attorney or a person reasonably believed by the client to
be licensed to engage in the practice of law;
c. Between a physician, psychotherapist or person reasonably believed
by Ihe patient to be authorized to practice medicine or psychotherapy in
a civil case;
d. Between a minister, priest or person reasonably believed to be so; or
e. Made to a public officer in confidence.
Q: Is a child presumed to be qualified as a witness?

ANS: Yes. Every child is presumed qualified to be a witness (Rule on Examination of
Child Witness. Sec.6). A witness' young age will not deter him or her from being a
competent and credible witness (People v. Acbangin. G.R. No. 117216. August 9,
2000).
Q: Why is a mental retardate qualified to be a witness?

ANS: Mere Intellectual weakness of a witness is not a ground lo disqualify, or at Ihe
very least discredit, a witness. Intellectual weakness does not make a person
incompetent as a witness if, at the time she testified, she had the mental capacity to
distinguish between right and wrong, understand the nature and obligation of an oath,
and give a fairly intelligent and reasonable narrative of the matters about which she
testifies (People v. Hamto, G.R. No. 128137, August 2. 2001).
Q: When is a deaf-mute qualified to be a witness?

ANS: Deaf-mutes are competent as witnesses where they: 1) can understand and
appreciate the sanctity of an oath; 2) can comprehend facts they are going lo testify on;
and 3) can communicate their ideas thru a qualified interpreter (People v. Aleman. G.R.
No. 181539, July 24, 2013).
Q: What is the marital disqualification rule?

ANS: During their marriage, the husband or the wife cannot testify against thn other
without Ihe consent of the affected spouse (RROE, Rule 130, Sec. 23).
Q: What are the exceptions to the marital disqualification rule?

ANS: A spouse may testify against the other in:
1. A civil case by one against the other; or
2. A criminal case by one against the other or the latter’s direct descendants or
ascendants (RROE. Rule 130. Sec. 23).
Q: Is the marital disqualification rule applicable on testimony of one spouse in

favor of the other?
ANS: No. A husband or the wife cannot testify on matters only against the other
without the consent of the affected spouse (RROE. Rule 130. Sec 23).
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Q: What arc the requisites in order for the marital disqualification rule to apply?
(P-MEN)
ANS: In order for the marital disqualification rule to apply, the following requisites must
be present:
1. That the spouse against whom the testimony is offered is a Party to the
case;
2. That the spouses are legally Married (valid until annulled);
3. That the testimony is offered during the Existence of marriage; and
4. That the case is Not one of the exceptions provided in the rule (RROE, Rule
130, Sec. 23; 5 HERRERA. supra af 302).
Q: What are the reasons for the marital disqualification rule?

ANS: The reasons for the marital disqualification rule are the following:
1. There is identity of interests between husband and wife;
2. If one were to testify for or against the other, there is a consequent danger
of perjury;
3. The policy of the law is to guard the security and confidences of private life,
even at the risk of an occasional failure of justice, and to prevent domestic
disunion and unhappiness; and
4. Where there is want of domestic tranquility there is danger of punishing one
spouse through Ihe hostile testimony of the other (Alvarez v Ramirez, G.R.
No. 143439. October 14. 2005).
Q: Until when is the marital disqualification rule applicable?

ANS: The privilege lasts only during the marriage. It terminates upon divorce or
annulment or death, in which event the surviving spouse may testify on any matter not
learned in confidence (People v. Pascnsoy, G.R. No. 140634, September 12, 2002).
Q: May a spouse testify in a trial where the other spouse is a co-accused?
REMEDIAL LAW
ANS: Yes. The spouse can only testify to the other accused and not against her
husband The disqualification is between husband and wife, the law not precluding the
wife from testifying when it involves other parties or accused (People v. Ouiduto. Jr.
G.R. No. 117401, October 1. 1998).
Q: X and Y are married but have already been estranged for six months. X, the
husband, burned the house of Y's sister, knowing fully well that Y was inside.
Under these facts, can Y testify against X?
ANS: Yes. Where the marital and domestic relations are so strained that there is no
more harmony to be preserved nor peace and tranquility which may be disturbed, the
reason based upon such harmony and tranquility fails. In such a case, identity of
interests disappears and the consequent danger of perjury based on that identity is non
existent. Knowing fully well that his wife was there, and in fact with the alleged intent of
injuring the latter, is an act totally alien to the harmony and confidences of marital
relalion which the disqualification primarily seeks to protect. Thus, there is no longer any
reason to apply the Marital Disqualification Rule (Alvarez v. Ramirez, G.R No. 143439,
October 14, 2005).
Q: X and Y are married but have already been estranged for three years. X, the
husband, shot Z, the paramour of Y. Under these facts, can Y testify against X?
ANS: No. As X's legitimate wife, Y's testimony would be disregarded upon timely
objection lo her competency to testify under the marital disqualification rule (People v.
Pasensoy. G.R. No. 140634, September 12. 2002). The fact that they were estranged is
not an exception under the rule, the material fact being that they were still spouses
under the law (RIGUERA. p. 688).
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Q: Distinguish the marital disqualification rule (Section 22) from marital

communication privilege (Section 24(a)).
ANS: The distinctions are the followings:
MARITAL DISQUALIFICATION RULE vs. MARITAL COMMUNICATION PRIVILEGE
The manlal disqualification Disqualification by reason of

rule under Sec. 22 does not marital privilege has reference to
refer to confidential confidential communications
Cun iniui’iiCdliui i between the received by one spouse from Ihe
spouses. other during the marriage.
; As^'y^henit^® Marital disqualification rule It applies only to confidential
Information, j includes facts, occurrences or information received during the
•?was.olitafnea.M information even prior to the marriage.
marriage.
The marital disqualification Marital disqualification by reason

[^•riilg4ai®|6e|îlil rule can no longer be invoked of privileged communication
) , Invoka'cT M once the marriage is applies even after the dissolution
figasssii dissolved. of marriage.
(RIANO. Evidence, p.234-235).
Q: What are the privileged communications disqualified under the Revised Rules
on Evidence?
ANS: The following communications are subject to a disqualification by reason of their
being privileged:
1. Between husband and wife;
2. Between and attorney or a person reasonably believed by the client to be
licensed to engage in the practice of law and client:
3. Between a physician, psychotherapist or person reasonably believed by the
patient to be authorized to practice medicine or psychotherapy in a civil case
and patient;
4. Between a minister, priest or person reasonably believed to be so and
penitent;
5. A public officer as to communications made to him in official confidence
Q: What are other examples of privileged communication?

ANS: The Supreme Court has previously cited other privileged matters such as Ihe
following:
1. Editors may not be compelled to disclose the source of published news;
2. Voters may not be compelled to disclose for whom they voted;
3. Trade secrets;
4. Information contained in tax census returns;
5. Bank deposits (pursuant to the Secrecy of Bank Deposits Act);
6. National security matters and intelligence information; and
7. Criminal matters (Eagleridge Development Corp. v. Cameron Granville 3
Asset Management, Inc.. G.R. No. 204700. November 24, 2014).
Note; Trade secrets are now expressly subject of a testimonial privilege under the
RROE (RROE, Rule 130, Sec. 26).
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Q: What are the requisites of the rule on marital communication privilege? (MC3O)
ANS: It has the following requisites:
1. That the spouses must have been legally Married
2. The spouse against whom such evidence is being offered has not given
his/her Consent to such testimony;
3. That the privilege is claimed with regard to Communication, oral or v/rilten.
made during the marriage;
4. That said communication was made Confidentially; and
5. That the action or proceeding where the privilege is claimed is not in a civil
case by One against the other, or in a criminal case for a crime committed
by one against the other or latter's direct descendants or ascendants
(RROE. Rule 130. Sec. 24. par. (a); 2 REGALADO, p 748).
Q: What is the duration of the marital communication privilege?

ANS: The marital communication privilege can be invoked even after marriage as long
as the communication was privileged (US v. Antipolo. G.R. No. L-13109. March 6, 1918).
Q: Can the marital communication privilege be invoked after dissolution of the

marriage by reason of the death of one of the spouses?
ANS: No. The use of the word "afterwards" in the phrase "during the marriage or
afterwards" was intended to cover cases in which a marriage has been dissolved
otherwise than by death of one of the spouses — as. for instance, by decree of
annulment or divorce (US v. Antipolo. G.R. No. L-13109. March 6, 1918).
Q: What are the requisites for the rule on confidential communications between
attorney and client? (REC2)
ANS. For the privilege lo apply, the following requisites must be present:
1. There is an attorney and client Relationship;
2. There must be communication by Ihe client to the attorney, or advice given
thereon by the latter lo the former in the course of or with a view to
professional Employment;
3. The communication or advice must have been made Confidentially; and
4. The client has not given Consent to the attorney's testimony thereon; or if
the attorney's secretary, stenographer clerk, or other persons assisting the
attorney, is sought to be examined, that both Ihe client and the attorney
have not given their consent thereto (RROE. Rule 130, Sec. 24. par. (b)).
Note: The disqualification now includes a person reasonably believed by the client to
be licensed lo engage in the practice of law (RROE, Rule 130, Sec. 24. par. (b)).
Q: What are the exceptions to the attorney and client privilege? (FC-JAB)
ANS: The exceptions are the following
1. Furtherance of crime or fraud - If the services or advice of the lawyer
were sought or obtained to enable or aid anyone to commit or plan to
commit what the client knew or reasonably should have known to be a crime
or fraud;
2. Claimants through the same deceased client - As to a communication
relevant to an issue between parties who claim through the same deceased
client, regardless of whether the claims are by testate or intestate or by inter
vivos transaction;
3. Breach of any duty by lawyer or client - As to a communication relevant
to an issue of breach of duty by the lawyer to his or her client, or by the
client to his or her lawyer;
4. Document Attested by the lawyer - As to a communication relevant to an
issue concerning an attested document to which the lawyer is an attesting
witness; and
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San Buda Lnw-RGCT Bar Oporalions Center 83
5. jJoint clients - As to a communication relevant to a matter of common

interest between Iwo or more clients if the communication was made by any
of them to a lawyer retained or consulted in common, when offered in an
action between any of the clients, unless they have expressly agreed
otherwise (RROE. Rule 130, Sec. 24, par. B).
Q: What are the requisites in order that the physician-patient privilege may be
successfully claimed? (CPP)
1. The privilege is claimed in a £ivil case:
2. The person against whom the privilege is claimed is a Physician or
psychotherapist;
Note: The privilege may also be claimed against persons, including
members of the patient’s family, who have participated In the diagnosis or
treatment of the patient under the direction of the physician or
psychotherapist.
3. Information was acquired for the purpose of diagnosis or treatment of Ihe
patient's physical, mental or emotional condition, including alcohol or drug
addiction (RROE. Rule 130, Sec. 24).
Note. The disqualification now includes a person reasonably believed by the patient to
be authorized to .practice medicine nr psychotherapy (RROE, Rulo 130, Sec. 24, par.
(b)).
Q: Who is a psychotherapist?
ANS: A psychotherapist is:
1. A person licensed lo practice medicine engaged in the diagnosis or
treatment of a mental or emotional condition, or
2. A person licensed as a psychologist by the government while similarly
engaged (RROE, Rule 130, Sec. 24 (c))
Q: Why are medical records within the purview of the privilege physician-patient
privilege?
ANS: Yes. Medical records fall within the ambit of the privilege as a physician
memorializes all the patient's information in the records. Disclosing Ihem would be the
equivalent of compelling the physician to testify on privileged matters he gained while
dealing with the patient, without the latter's prior consent (Chan v. Chan, G.R. No.
1797B6, July 24, 2013).
Q: What are the requisites for the rule on privileged communication between
priest and penitent?
1. The person against whom the privilege is claimed is a minister, priest or
person reasonably believed to be so;
2. There must be a communication or confession made to or any advice given
by him or her;
3. The affected person has not given his consent, and
Note: The 1989 Revised Rules of Evidence required the consent of the
person making the confession.
4. The communication or advice was given in his or her professional capacity,
in the course of discipline enjoined by the church lo which the he or she
belongs (RROE. Rule 130, Sec. 2. par. d).
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Q: What are the requisites of the rule protecting communications made to public
officers in official confidence? (GOTI)
1. The holder of the privilege is the Government, acting through a public
officer;
2. The communication was given to the public Qfficer in confidence;
3 The communication was given during the Term of office of the public officer
but Ihe privilege may be invoked nol only during the term of office of the
public officer but also after; and
4. The court finds that the public Interest would suffer by the disclosure of the
communication (RROE. Rule 130. Sec. 24, par. (e)).
Q: Define public interest.

ANS: Public interest means more than a mere curiosity; it means something in which
the public, Ihe community at large has some pecuniary interest by which their legal
rights or liabilities are affected. It does not mean anything so narrow as to interest the
particular localities, which may be affected by the matters in question (Banco Filipino v.
Monetary Board, G.R. No. L-70054. July 6. 1986).
Q: May privileged communication obtained by third persons remain privileged

under the Revised Rules on Evidence?
ANS: Yes. Such communication shall remain privileged, even in the hands of a third
person who may have obtained the information, provided that the original parties to the
communication took reasonable precaution to protect its confidentiality (RROE, Rule
130, Sec. 24).
Q: What are the parental privilege and filial privilege rules?

ANS: The parental privilege and filial privilege rules state that no person shall be
compelled to testify against his or her parents, other direct ascendants, children or other
direct descendants, except when such testimony is indispensable in a crime against that
person or by one parent against the other (RROE. Rule 130, Sec 25).
Note: Under the Family Code, the exception as to when a person may be compelled lo
give testimony is when such testimony is indispensable in a crime against the
descendant or by one parent against the other (FAMILY CODE. Art. 215). Under the
RROE, a person may bo compelled to testify against his or her parents, other direct
ascendants, children or other direct descendants, when the testimony is indispensable
in a crime against that person or by one parent against the other (RROE. Rule 130.
Sec. 25).
Q: Are the parental and filial privilege rules considered rules on disqualification?
ANS: No. The rules are not strictly a rule on disqualification because an ascendant (or
descendant) is not incompetent or disqualified to testify against a descendant (or
ascendant). The rule refers to a privilege not to testify, which can be invoked or waived
like other privileges (People v. Soriano. G.R. No. 131636, March 5. 2003).
Q: What is the privilege relating to trade secrets?

ANS: A person cannot be compelled to testify about any trade secret, unless the non
disclosure will conceal fraud or otherwise work injustice.
Note: When disclosure is directed, the court shall take such protective measure as Ihe
interest of the owner of the trade secret and of the parties and the furtherance of justice
may require (RROE. Rule 130, Sec. 26).
Q: What is a trade secret?

ANS: A trade secret is a process or device intended for continuous use in Ihe operation
of Ihe business, for example, a machine or formula, but can be a price list or catalogue
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San Boda Law-RGCT Bur Operations Center HI
or specialized customer list (Air Philippines Corp. v. Pennswell, Inc.. G.R. No. 172B35,
December 13. 2007).
EXAMINATION OF A WITNESS
Q: How should a witness be examined?
ANS: The examination of witnesses presented in a trial or hearing shall be done In
open court, and under oath or affirmation. Unless the witness is incapacitated to speak,
or the question calls for a different mode of answer, the answers of the witness shall be
given orally (ROC. Rule 132. Sec. 1).
Q: What are the rights and obligations of a witness?

ANS: A witness must answer questions, although his or her answer may tend lo
establish a claim against his or her. However, it is the right of a witness:
1. To be protected from irrelevant, improper, or insulting questions, and from
harsh or insulting demeanor;
2. Not to be detained longer than the interests of justice require;
3. Not to be examined except only as to matters pertinent to the issue;
4. Not to give an answer which will end to subject him or her to a penalty for an
offense unless otherwise provided by law; or
5. Nol to given an answer which will lend lo degrade his or her reputalion,
unless it be lo the very fact al issue or to a fact from which Ihe fact in issue
would be presumed. But a witness must answer to the fact of his or her
previous final conviction for an offense (ROC, Rule 132, Sec. 3).
Q: What is the order of examination of an individual witness?

ANS: The order in which an individual witness may be examined is as follows:
1. Direct examination by the proponent;
2. Cross-examination by the opponent;
3. Re-direct examination by the proponent; and
4. Re-cross examination by the opponent (ROC Rule 132, Sec. 4).
Q: What is direct examination?

ANS: Direct examination is the examinalion-in-chief of a witness by the party
presenting him or her on the facts relevant to the issue (ROC. Rule 132, See. 5).
Q: What is cross-examination?
ANS: Upon the terminalion of the direct examination, the witness may be cross-
examined by the adverse party on any relevant matter, with sufficient fullness and
freedom lo test his or her accuracy and truthfulness and freedom from interest or bias,
or the reverse, and to elicit all important facts bearing upon the issue (ROC Rule 132.
Sec. 6).
Q: What is re-direct examination?

ANS: After the cross-examination of the witness has been concluded, he or she may
be re-examined by the party calling him or her lo explain or supplement his or her
answers given during the cross-examination. On re-direct examination, questions on
matters nol dealt with during the cross-examinalion may be allowed by the court in its
discretion (ROC, Rule 132, Sec. 7).
Q: What is re-cross examination?

ANS: Upon the conclusion of the re-direct examination, the adverse party may re
cross-examine the witness on matters staled in his or her re-direct examination, and
a ~n such olher maHers as may be allowed by the court in its discretion (ROC. Rule
132, Sec. 8).
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“ Volume II | Sortos of 2020/21
Q: As a general rule, why is a witness not allowed to be recalled?

ANS: As a general rule, after the examination of a witness by both sides has been
concluded, the witness cannot be recalled without leave of court because a witness
cannot be detained longer than the interest of justice requires. An exception to this rule
is when the recall has been expressly reserved with the permission of the court (ROC,
Rule 132, Sec. 9).
Q: What is a leading question?

ANS: A leading question is one which suggests to the witness the answer which the
examining party desires. It is generally not allowed, except in the following instances:
1. On cross-examination;
2. On preliminary matters;
3. When there is difficulty in getting direct and intelligible answers from a
witness who is ignorant, or a child of tender years, or is of feeble mind, or a
deaf-mute;
4. Unwilling or hostile witness; or
5. Witness is an adverse party or an officer, director, or managing agent of a
public or private corporation or of a partnership or association which is an
adverse party (ROC. Rule 132. Sec. 10).
Q: What is a misleading question?

ANS: A misleading question is one which assumes as true a fact not yet testified to by
Ihe witness, or contrary to that which he or she has previously stated. It is not allowed.
Q: What are the ways of impeaching an adverse party's witness?

ANS: A witness may be impeached by tho party against whom he or she was called
through the following modes:
1. By contradictory evidence
2 By evidence that his or her general reputation for truth, honesty, or integrity
is bad; or
3 . By evidence that he or she has made at other times statements inconsistent
with his or her present testimony (ROC, Rule 132, Sec. 11).
Q: May a witness be impeached by evidence of his particular wrongful acts?

ANS: No. A witness cannot be impeached by evidence of particular wrongful acts,
except that it may be shown by the examination of the witness, or record of the
judgment, that he or she has been convicted of a crime (ROC, Rule 132. Sec. 11).
Q: When can a witness be impeached by evidence of conviction of a crime?

ANS: For the purpose of impeaching a witness, evidence that he or she has been
convicted by final judgment of a crime shall be admitted if:
1. The crime was punishable by a penalty in excess of one year; or
2. The crime involved moral turpitude, regardless of the penalty (RROE. Rule
132, Sec. 12).
Note: Evidence of a conviction is not admissible if the conviction has been the subject
of an amnesty or annulment of the conviction (RROE, Rule 132, Sec. 12).
Q: May a witness be impeached by evidence of conviction of a crime which has

not attained finality?
ANS: No. There must be a final judgment. It is not permissible to show that a witness
has been arrested or that he has been charged with or prosecuted for a criminal
offense, or confined in jail for the purpose of impairing his credibility (CSC v. Belagan,
G.R. No. 132164, October 19, 2004).
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Q: May evidence of bad reputation, from a time remote from the examination, be
used to impeach a witness?
ANS: No. Evidence of one's character or reputation must be confined to a time not too
remote from the time in question. In other words, what is to be determined is the
character or reputation of the person at the time of the trial and prior thereto, but not at a
period remote from the commencement of the suit. Hence, to say that a witness'
credibility is diminished by proofs of tarnished reputation existing almost a decade ago is
unreasonable (CSC v. Belagan. G.R. No. 132164, October 19. 2004).
Q: Can a party impeach his own witness?

ANS: Yes. As a rule, the party presenting the witness is not allowed to impeach his or
her credibility (ROC. Rule 132. Sec. 13).
Q: When can a party impeach his own witness?

ANS: A party can impeach his own witness when such are:
1. Unwilling or hostile witnesses; or
2. A witness who is an adverse party or an officer, director, or managing agent
of a public or private corporation, or of a partnership or association which is
an adverse party (ROC, Rule 132. Sec. 13).
Q: Who is an unwilling or hostile witness?

ANS: A witness may be considered as unwilling or hostile only if so declared by the
court upon adequate showing of his or her adverse interest, unjustified reluctance to
testify, or his or her having misled the party into calling him or her to the witness stand
Q: How is the witness impeached hy evidence of inconsistent statements?

(RAES)
ANS: Impeaching a witness by prior inconsistent statements requires the "laying of the
predicate," the elements of which are as follows:
1. The alleged statements must be Related to the witness including the
circumstances of the times, places and persons present; and
2. He must be Z\sked whether he made such statements, and if so. he must be
allowed to Explain them; and
3. If the statements are in writing, they must be Shown to the witness (ROC,
Rule 132. Sec. 14).
Q: When can a witness be allowed to refer to a memorandum?

ANS: A witness may be allowed to refresh his or her memory respecting a fact by
anything written or recorded by himself or herself, or under his or her direction, al the
time when the fact occurred, or immediately thereafter, or at any other time when the
fact was fresh in his or her memory and he or she knew that the same was correctly
written or recorded (ROC. Rule 132, Sec. 16).
EXAMINATION OF A CHILD WITNESS

Applicability of the
Akie?len 'S the Ru,e on Examination of a Child Witness Applicable?
ANS: Unless otherwise provided, this Rule shall govern the examination of child
witnesses who are victims of crime, accused of a crime, and witnesses and non-criminal
proceedings involving child witnesses (A.M. No. 004-07-SC. Sec.1) [hereinafter Rule on
ECW).
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Q: How should the Rules on Examination of a Child Witness be construed?

ANS: This rule shall be liberally construed to uphold the best interests of the child and
to promote maximum accommodation of child witnesses without prejudice to the
constitutional rights of the accused (Rule on ECW, Sec. 1).
Q; What is the meaning of child abuse?

ANS: Child abuse means physical, psychological, or sexual abuse, and criminal
neglect as defined in R.A. No. 7610 and other related laws (Rule on ECW, Sec. 4. par.
b).
Meaning of “Child Witness"

Q: Who is a child witness?
ANS: A child witness is any person who at the lime of giving testimony is below 18
years. In child abuse cases, a child includes one over eighteen 18 years but is found by
the court as unable to fully lake care of himself from abuse, neglect, cruelly, exploitation,
or discrimination because of a physical or menial disability or condition (Rule on ECW.
Sec. 4. par. a).
Q: State the requisites for a child to be considered as a competent witness.

ANS: The requirements then of a child's competency as a witness are the:
1 . Capacity of observation:
2 Capacity of recollection; and
3 Capacity of communication. (People v. Rama, G.R. No. 136304, January
25. 2001).
Note: Every child is presumed qualified to be a witness (Rule on ECW, Sec. 6).
Q: When is corroboration with regard to the testimony of a child dispensed with?

ANS: Generally, corroboration shall not be required of a testimony of a child. His
testimony, if credible by itself, shall be sufficient to support a finding of fact, conclusion,
or judgment subject to the standard of proof required in criminal and non-criminal cases
(Rule on ECW, Sec. 22).
Q: When can the court conduct a competency examination on the child?

ANS: The Court shall conduct a competency examination of a child, motu proprio or on
motion ol a party, when it finds that substantial doubt exists regarding the ability of the
child lo perceive, remember, communicate, distinguish truth from falsehood, or
appreciate the duly to tell the truth in court (Rule on ECW, Sec. 6).
Q: Who are persons allowed during the competency examination of a child?

ANS: The following are the persons allowed during the competency examination of a
child:
1. The judge and necessary court personnel;
2 The counsel for the parlies;
3. The guardian ad litem;
-1. One or more support persons for H ie child; and
5. The defendant, unless the court determines that compelence can be fully
evaluated in his absence (Rule on ECW. Sec. 6, par. c).
Live-link TV Testimony of a Child Witness

Q: When is live-link tv testimony of the child allowed?
ANS: The court may order that the testimony of the child be taken by live-link television
if there is a substantial likelihood that the child would suffer trauma from testifying in the
presence of the accused, his counsel or the prosecutor as the case may be.
REMEDIAL LAWS
Note: The trauma must be of a kind which would impair the completeness or
truthfulness of the testimony of the child (Rule on ECW. Sec. 25, par. f).
Q: Who may apply for an order that the testimony of the child be taken via live-
link TV?
ANS: In criminal cases where a child is a victim or witness, the prosecutor, counselor
guardian ad litem may apply for an order that Ihe testimony of the child be taken in a
room outside the courtroom and be televised to the courtroom by live-link television.
Note: Before the guardian ad litem applies for an order under this section, he shall
consult the prosecutor or counsel and shall defer to the judgment of the prosecutor or
counsel regarding the necessity of applying for an order. In case the guardian ad litem is
convinced that the decision of the prosecutor or counsel not to apply will cause the child
serious emotional trauma, he himself may apply for the order (Rule on ECW, Sec. 25.
par. a).
Q: When should the application for a live-link TV testimony of a child be filed?

ANS: The person seeking such an order shall apply at least five (5) days before the
trial date, unless the court finds on record that the need for such an order was not
reasonably foreseeable (Rule on ECW, Sec. 25, par. a).
Q: May the court motu proprio determine that the child's testimony be through
live-link television?
ANS: Yes. The. court may mplu proprio hear and determine, with notice to the parties,
the need for taking the testimony of the child through live-link television. The judge may
question the child in chambers, or in some comfortable place other than the courtroom,
in the presence of the support person, guardian ad litem, prosecutor, and counsel for
the parties (Rule on ECW, Sec. 25, par. b).
Q: Who may the judge exclude during the hearing for the propriety of taking the
child’s testimony through live-link television?
ANS: The judge may exclude any person, including the accused, whose presence or
conduct causes fear to the child (Rule on ECW. Sec. 25, par. d).
' ‘ •/< .
Q: Who are allowed to be present during the taking of the child's testimony
through live-link television?
ANS: The child shall testify in.a room separate from the courtroom in the presence of:
1. The guardian ad litem;
2. One or both of his support persons;
3. The facilitator and interpreter, if any;
4. A court officer appointed by the court;
5. Persons necessary to operate the closed-circuit television equipment; and
6. Other persons whose presence are determined by the court to be necessary
to the welfare and well-being of the child
Note: The judge, prosecutor, accused, and counsel for the parties shall be in Ihe
courtroom. The testimony of the child shall be transmitted by live-link television into the
courtroom for viewing and hearing by the judge, prosecutor, counsel for the parties,
accused, victim, and the public unless excluded (Rule on ECW, Sec. 25, par. g).
Videotaped deposition of a child witness

Q: When is a videotaped deposition of a child witness allowed?
ANS: If the court finds that the child will not be able lo testify in open court at trial, it
shall issue an order that the deposition of the child be taken and preserved by videotape
(Rule on ECW. Sec.27, par. b).
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Q: When may the accused be excluded from the room in which the deposition of
the child is taken?
ANS: If the order of the court is based on evidence that the child is unable to testify in
Ihe physical presence of the accused, the court may direct the latter to be excluded from
the room in which the deposition is conducted. In case of exclusion of the accused, the
court shall order that the testimony of the child be taken by live-link television
Note: The rights of the accused during trial, especially the right to counsel and to
confront and cross-examine the child, shall not be violated during the deposition.
Q: Who may apply for a videotaped deposition of a child witness?

ANS: The prosecutor, counsel, or guardian ad litem may apply for an order that a
deposition be taken of the testimony of the child and that it be recorded and preserved
on videotape.
Note: Before the guardian ad litem applies for this order, he shall consult with the
prosecutor or counsel (Rule on ECW, Sec.27. par. a).
Q: Who shall preside at the videotape deposition of the child?

ANS: The judge shall preside at the videotaped deposition of the child. Objections to
deposition testimony or evidence, or parts thereof, and the grounds for the objection
shall be stated and shall be ruled upon at the time of the taking of the deposition (Rule
on ECW, Sec.27, par. c).
Hearsay Exception in Child Abuse Cases

Q: What is the hearsay exception in child abuse cases?
ANS: A statement made by a child describing any act or attempted act of child abuse,
not otherwise admissible under the hearsay rule, may be admitted in evidence in any
criminal or non-criminal proceeding (Rule on ECW, Sec. 26).
Q: Is notice to the adverse party required for the hearsay exception in child abuse
cases to apply?
ANS: Yes. Before such hearsay statement may be admitted, its proponent shall make
known to the adverse parly the intention to offer such statement and its particulars to
provide him a fair opportunity to object (Rule on ECW, Sec. 26).
Q: What matters should the court consider before ruling on the admissibility of
such hearsay statement?
ANS: In ruling on the admissibility of such hearsay statement, the court shall consider
the time, content and circumstances thereof which provide sufficient indicia of
reliability. It shall consider the following factors:
1. Whether there is a motive lo lie;
2. The general character of the declarant child;
3. Whether more than one person heard the statement;
4. Whether Ihe statement was spontaneous;
5. The timing of the statement and the relationship between Ihe declarant child
and witness;
6. Cross-examination could not show the lack of knowledge of the declarant
child;
7. The possibility of faulty recollection of the declarant child is remote; and
8. The circumstances surrounding the statement are such that there is no
reason to suppose the declarant child misrepresented the involvement of
the accused
Note: The circumstances surrounding the statement are such that there is no reason lo
suppose Ihe declarant child misrepresented the involvement of the accused (Rule on
ECW, Sec. 28. par. b).
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Q: When the child be required to be available for cross-examination?

ANS: If the child is available, the court shall, upon motion of the adverse party, require
Ihe child to be present al the presentation of the hearsay statement for cross-
examination by the adverse party. When the child is unavailable, the fact of such
circumstance must be proved by the proponent (Rule on ECW. Sec.28, par. a).
Q: When is a child considered as unavailable?

ANS: The child witness shall be considered unavailable under the following situations:
1. Is deceased, suffers from physical infirmity, lack of memory, mental illness,
or will be exposed to severe psychological injury, or
2. Is absent from the hearing and the proponent of his statement has been
unable to procure his attendance by process or other reasonable means.
Q: When is corroboration required with regard to a hearsay testimony of an

unavailable child witness?
ANS: When the child witness is unavailable, his hearsay testimony shall be admitted
only if corroborated by other admissible evidence (Rule on ECW, Sec.28, par. c).
Q: What is the sexual abuse shield rule?

ANS: The sexual abuse shield rule provides that following evidence is not admissible in
any criminal proceeding involving alleged child sexual abuse;
1. Evidence offered to prove that the alleged victim engaged in other sexual
behavior, and
2. Evidence offered to prove the sexual predisposition of the alleged victim
(Rule on ECW, Sec.30, par. a).
Q: What is the exception to the sexual abuse shield rule?

ANS: Evidence of specific instances of sexual behavior by the alleged victim to prove
that a person other than the accused was the source of semen, injury, or other physical
evidence shall be admissible (Rule on ECW. Sec.30. par. b).
Protective Orders
Q: Are records regarding a child considered confidential?
ANS: Yes. Any record regarding a child shall be confidential and kept under seal (Rulo
on ECW, Sec. 31, par. a).
Q: To whom may records regarding a child be released?

ANS: Except upon written request and order of the court, a record shall only be
released to the following:
1. Members of the court staff for administrative use;
2. The prosecuting attorney;
3. Defense counsel;
4. The guardian ad litem:
5. Agents of investigating law enforcement agencies; and
6. Other persons as determined by the court (Rule on ECW, Sec. 31, par. a).
Q: What should be included in the protective order for any videotape or audiotape
of a child?
ANS: Any videotape or audiotape of a child that is part of the court record shall be
under a protective order that provides as follows:
1. Tapes may be viewed only by parties, their counsel, their expert witness,
and the guardian ad litem:
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2. No tape, or any portion thereof, shall be divulged by any person mentioned

in Sub-section (a) to any other person, except as necessary for Ihe trial;
3. No person shall be granted access to the tape, its transcription or any part
thereof unless he signs a written affirmation that he has received and read a
copy of the protective order; that he submits to the jurisdiction of the court
with respect to the protective order; and that in case of violation thereof, he
will be subject to the contempt power of Ihe court;
4. Each of the tape cassettes and transcripts thereof made available to the
parties, their counsel, and respective agents shall bear the following
cautionary notice;
5. No tape shall be given, loaned, sold, or shown to any person except as
ordered by the court;
6. Within 30 days from receipt, all copies of the tape and any transcripts
thereof shall be returned to the clerk of court for safekeeping unless the
period is extended by Ihe court on motion of a party; and
7. This protective order shall remain in full force and effect until further order of
the court (Rule on Examination of a Child Witness, Sec.31. par.b).
ADMISSIONS AND CONFESSIONS

Q: What is an admission?
ANS: An admission is an act. declaration or omission of a party as to a relevant fact
which may be given in evidence against him or her (ROC. Rule 130. Sec 27). It is a
voluntary acknowledgment made by a party of the existence of the truth of certain facts
which are inconsistent with his claims in an action (Black's Law Dictionary, 5'n Ed., p. 44).
Q: What is the doctrine of adoptive admission?

ANS: An adoptive admission is a party's reaction to a statement or action by another
person when it is reasonable lo treat the party's reaction as an admission of something
slated or implied by the other person (Estrada v. Desierto, G.R. No. 146738. April 3,
2001).
Q: Distinguish admission from confession.

ANS: The distinctions between admission and confession are the following:
ADMISSION vs. CONFESSION
/..'.J Confession
As to Merely a statement of fact not directly There is an acknowledgment of

Nature ■> involving an acknowledgment of guilt guilt.
or of Ihe criminal intent to commit Ihe
offense with which one is charged.
As to An admission includes confessions. A specific type of admission

scope | Ihe former being a broader term which refers only to an
because accordingly, a confession is acknowledgment of guilt.
also an admission.
As to •! Express or implied. Always express; cannot be

Manner implied.
Ina A statement by the accused, direct or An acknowledgment in express

Criminal implied, of facts pertinent to the issue, terms, by a party in a criminal
Case and tending, in connection with proof case, of his guilt of the crime
of other facts, to prove his guilt. charged.
(5 HERRERA, supra at 114-115).
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Q: What is the res inter alios acta alteri nocere non debet rule?
ANS: This rule provides that the rights of a party cannot be prejudiced by an acl,
declaration, or omission of another (People v. Cachuela, G.R. No. 191752, June 10,
2013).
Q: What are the two branches of the res inter alios acta rule?
ANS: The two branches are the following:
1. The rule that the rights of a party cannot be prejudiced by an acl,
declaration, or omission of another (ROC, Rule 130, Sec. 29); and
2. The rule that evidence of previous conduct or similar acts at one time is not
admissible to prove that one did or did not do the same act at another time
Q: What are the exceptions to the res inter alios acta rule?
ANS: The exceptions are the following:
1. Admissions by a co-partner or agent, joint owner, joint debtor, and persons
jointly interested (RROE, Rule 130, Sec. 30);
2. Admission by conspirator (RROE, Rule 130, Sec. 31);
3. Admission by privies1 (ROC, Rule 130, Sec. 32); and
4. Admission by silence (ROC, Rule 130, Sec. 33).
Q: What are the requisites of an admission by a co-partner or agent?

ANS: For this admission to apply, the following requisites must concur:
1. There is an act or declaration of a partner or agent;
2. The partner or agent is authorized by the party to make a statement
concerning the subject, or within the scope of his or her authority;
3. The acl or declaration is made during the existence of'the partnership or
agency; and
4. The partnership or agency is shown by evidence other than such act or
declaration
Note: The same rule applies to’ the act or declaration of a joint owner, joint debtor, or
other person jointly interested with the party (RROE, Rule 130, Sec. 30).
Q: What are the requisites of admission by a co-conspirator?

ANS: For the admission of a conspirator to be received against his co-conspirators, ill's
necessary that:
1. The declaration or act must be in furtherance of the conspiracy;
2. During the existence of the conspiracy; and
3. The conspiracy is shown by evidence other than such act or declaration
Q: What are the requisites of admission by privies?

1- There is an act, declaration or omission by a predecessor-in-inleresl;
2. The act, declaration, or omission of the predecessor-in-interest occurred
while he was holding the title lo the property; and
3. The act, declaration or omission must be in relation to the property (ROC,
Rule 130, Sec. 32).
Q: What are the requisites of admission by silence? (K-DRUM)

ANS: Before the silence of a party may be taken as an admission of what is said, it
must appear that:
1. He heard and Understood the statement;
2. He was al liberty to interpose a Denial;
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3. The statement was in respect lo some matter affecting his Rights or in v/hich
he was then interested, and calling, naturally, for an answer;
4. The facts were within his Knowledge; and
5 The fact admitted or the inference to be drawn from his silence would be
Material to the issue (People v. Paragsa, G.R. No. L-44060, July 20. 1978).
Q: What is a confession?
ANS: Confession is a declaration of an accused acknowledging his or her guilt in an
offense charged against him or her or of any offense necessarily included therein (ROC,
Rule 130, Sec. 34).
Q: What is the test for an extrajudicial confession, not made during custodial
investigation, to be admissible against the accused?
ANS: The basic lest for the validity of a confession is - was it voluntarily and freely
made. The term "voluntary" means that the accused speaks of his free will and accord,
without inducement of any kind, and with a full and complete knowledge of Ihe nature
and consequences of the confession, and when the speaking is so free from influences
affecting the will of the accused, at the time the confession was made, that it renders it
admissible in evidence against him (People v. Satorre. G.R. No. 133858. August 12,
2003).
Q: What is the required form for an extrajudicial confession, not made during
custodial investigation, to be admissible against the accused?
ANS: A confession is not required to be in any particular form. It may be oral or written,
formal or informal in character. It may be recorded on video tape, sound motion pictures,
or tape. However, while nol required to be in writing lo be admissible in evidence, it is
advisable, if not otherwise recorded by video tape or other means, to reduce the
confession to writing. This adds weight to the confession and helps convince the court
that il was freely and voluntarily made (People v. Satorre. G.R. No. 133858, August 12,
2003).
Q: State the requisites for an extrajudicial confession during custodial

investigation to be admissible against the accused. (CEVI)
ANS: In order that an admission of guilt of an accused during custodial investigation be
admitted in evidence, the following requisites must be present:
1. The facts admitted must be constitutive of a Criminal offense;
2. The confession must involve an Express and categorical acknowledgment
of guilt;
3. The confession must have been given Voluntarily; and
4. The confession must have been Intelligently made by the accused while
realizing the importance or legal significance of his act (People v. Matignas,
G.R. No 126146, March 12. 2002)
Q: Will an extrajudicial confession, by itself, sustain a conviction?

ANS: No. An extrajudicial confession made by an accused shall not be sufficient
ground for conviction, unless corroborated by evidence of corpus delicti (ROC, Rule
133. Sec. 3).
Q: May evidence of similar acts or previous conduct be admissible as evidence?

ANS: As a general rule. no. Evidence that one did or did not do a certain thing at one
time is not admissible to prove that he did or did not do the same or similar thing at
another time (ROC. Rule 130, Sec. 35). It is a well-settled rule that evidence is not
admissible which shows or tends to show that the accused in a criminal case has
committed a crime wholly independent from the offense for which he is on trial. (People
v. Galo, G.R. Nos. 70306-07, July 30, 1986).
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Q: What are the instances that can be proven by similar acts or previous
conduct? (SKIPS-SCHUL)
ANS: Similar acts or previous conduct may be received to prove:
1. Specific intent;
2. Knowledge;
3. Identity;
4. felan
5. System;
6. Scheme;
7. Custom;
8, Habit; or
9. tjsage; and
10. The Like (ROC, Rule 130, Sec. 35).
Q: In civil cases, is an offer of compromise tantamount to an admission of

liability?
ANS: No. In civil cases, an otter of compromise is not an admission of any liability, and
is not admissible in evidence against the offeror (RROE, Rule 130, Sec. 28).
Q: In civil cases, is evidence of conduct and statements made in compromise

negotiations admissible as an admission of liability?
ANS: No. Neither is evidence of conduct nor statements made in compromise
negotiations admissible, except evidence otherwise discoverable or ottered for another
purpose, such as proving bias or prejudice of a witness, negativing a contention of
undue delay, or proving and effort to obstruct a criminal investigation or prosecution
Q: In criminal cases, when may an offer of compromise be received In evidence

against the accused?
ANS: In criminal cases, except those involving quasi-offenses or those allowed by law
to be compromised, an offer of compromise by the accused may be received in
evidence as an implied admission of guilt (RROE, Rule 130, Sec. 28).
Note; No one would ask for forgiveness unless he has committed a wrong and a plea
for forgiveness may be considered analogous lo an attempt to compromise (People v.
Dele Cruz, G.R. No. 177572. February 26. 2008).
Q: What is the effect if the accused makes a plea of guilty, but withdraws it, or an
offer of a plea of guilty, but was not accepted?
ANS: A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty to a
lesser offense is not admissible in evidence against the accused who made the plea or
offer (RROE, Rule 130, Sec. 28).
Q: What is the effect of statements made during plea bargaining which does nol
result in an effective plea of guilty?
ANS: Neither is any statement made in the course of plea bargaining with Ihe
prosecution, which does not result in a plea of guilty, or which results in a plea of guilly
later withdrawn, admissible (RROE. Rule 130. Sec. 28).
Q. What is the effect of the offer of compromise was made by an unauthorized

person?
ANS: The rule is that for a compromise to amount to an implied admission of guilt, the
accused should have been present or at least authorized the proposed compromise.
Moreover, it has been held that where the accused was not present at the time the offer
for monetary consideration was made, such otter of compromise would not save the day
for the prosecution (People v. Erguiza, G.R. No. 171348. November 26, 2008).
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Q: What is the "Good Samaritan Rule?"

ANS: Under this rule, an offer to pay, or the payment of medical, hospital or other
expenses occasioned by an injury, is not admissible in evidence as proof of civil or
criminal liability for the injury (RROE, Rule 130. Sec. 28).
HEARSAY RULE
Q: What is hearsay?
ANS: Hearsay is a statement other than one made by the declarant while testifying at a
trial or hearing, offered to prove the truth of the facts asserted therein. It is inadmissible
except as otherwise provided in the Rules (RROE, Rule 130, Sec. 37).
Q: What is a "statement" under the hearsay rule?

ANS: A statement is:
1. An oral or written assertion; or
2. A non-verbal conduct of a person, if it is intended by him or her as an
assertion (RROE. Rule 130, Sec. 37).
Q: When is a statement not considered as hearsay under the Revised Rules on

Evidence?
ANS: A statement is not hearsay if the declarant testifies at the trial or hearing and is
subject to cross-examination concerning Ihe statement, and the statement is:
1. Inconsistent with the declarant's testimony, and was given under oath
subject to the penalty of perjury at a trial, hearing, or other proceeding, or in
a deposition;
2. Consistent with Ihe declarant's testimony and is offered to rebut an express
or implied charge against the declarant of recent fabrication or improper
influence or motive; or
3. One of identification of a person made after perceiving him or her (RROE,
Rule 130, Sec. 37).
Q: Why is hearsay not accorded any probative value by the court?

ANS: Hearsay evidence is accorded no probative value for the reason that the original
declarant was not placed under oath or affirmation, nor subjected to cross-examination
by the defense. The hearsay rule puts in issue the trustworthiness and reliability of
hearsay evidence, since the statement testified to was not given under oath or solemn
affirmation, and more compellingly, the declarant was not subjected to cross
examination by the opposing party to test his perception, memory, veracity and
articulateness, on whose reliability the entire worth of the oul-of-court statement
depends (People v. Estibal y Calungsag. G.R. No. 208749, November 26. 2014
Q: What arc the exceptions to the hearsay rule? (DAFaC-PaRE-C-LeTeR-DS)

ANS: The exceptions are the following:
1- Dying declaration (ROC, Rule 130, Sec. 38),
2 Statement of decedent or person of unsound mind (RROE, Rule 130, Sec.
39);
3. Declaration against interest (RROE. Rule 130, Sec. 40)’,
4. Act or declaration about pedigree (RROE, Rule 130, Sec. 41);
5. Family reputation or tradition regarding pedigree (RROE, Rule 130, Sec.
42);
6. Common reputation (RROE, Rule 130, Sec. 43);
7. Part of res gestae (RROE, Rule 130, Sec. 44);
8. Records of regularly conducted business activity (RROE. Rule 130, Sec.
45);
9. £ntries in official records (ROC. Rule 130, Sec. 46),
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10. Commercial lists and the like (ROC, Rule 130, Sec. 47);
11. Learned treaties (ROC, Rule 130, Sec. 49);
12. Testimony or deposition at a former proceeding (RROE, Rule 130, Sec. 49);
and
13. Residual exception (RROE, Rule 130, Sec. 50).
Q: What is a dying declaration or an ante mortem statement?

ANS: A dying declaration is declaration of a dying person, made under the
consciousness of an impending death, of the cause and surrounding circumstancesol
such death (ROC, Rule 130, Sec. 33).
Q: What are the requisites for a dying declaration to be admissible as evidence?

(CICO)
ANS: A dying declaration, although generally inadmissible as evidence due to ils
hearsay character, may nonetheless be admitted when the following requisites concur,
namely:
1. The declaration must concern the Clause and surrounding circumstancesol
the declarant's death;
2. At the time the declaration is made, the declarant is under a consciousness
of an Impending death;
3. The declarant is Competent as a witness; and
4. The declaration is Offered in a criminal case for homicide, murder, or
parricide, in which the declarant is a victim (People v. Santillan, G.R. No.
227878, August 09, 2017).
Q: When is a dying declaration considered complete?

ANS: To be complete in itself does not mean that the declarant must recite everything
that constituted the res gestae of the subject of his statement, but that his statement of
any given fact should be a full expression of all that he intended to say as conveying his
meaning in respect of such fact (People v. De Joya, G.R. No. 75028, Novembers,
1991).
Q: What are factors that can.show the Imminent death of the declarant?
ANS: There is ample authority for the view that Ihe declarant's belief in the imminence
of his death can be shown by the declarant's own statements or from circumstantial
evidence, such as the nature of his wounds, statements made in his presence, or by Ihe
opinion of his physician (People v. Salafranca, G.R. No. 173476, February 22, 2012).
Q: When can a testimony of a party or assignor of a party or a person given In a

case involving a claim against the estate of a deceased person or one of unsound
mind allowed to be received in evidence?
ANS: In an action against an executor or administrator or other representalive of a
deceased person, or against a person of unsound mind, upon a claim or demand
against the estate of such deceased person or against such person of unsound mind,
where a party or assignor of a party or a person in whose behalf a case is prosecuted
testifies on a matter of fact occurring before the death of the deceased person or before
the person became of unsound mind, may be received in evidence if:
1. The statement was made upon the personal knowledge of the deceased;
and
2. It was made at a time when the matter had been recently perceived by him
or her and while his or her recollection was clear.
Note. Such statement, however, is inadmissible if made under circumstances indicating
its lack of trustworthiness (RROE. Rule 130, Sec. 39).
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Q: What are the requisites in order for declaration against interest to be

admissible? (DIAM)
ANS: A statement may be admissible when it complies wilh Ihe following requisites:
1. That the declarant is Dead or unable to testify;
2. That it relates to a fact against the Interest of the declarant;
3. That at the lime he made said declaration the declarant was Aware that the
same was contrary to his aforesaid interest; and
4. That the declarant had no Motive to falsify and believed such declaration to
be true (People v. Bernal, G.R. No. 113685, June 19, 1997).
Q: When can a statement tending to expose the declarant to criminal liability be

admissible?
ANS: A statement tending to expose the declarant to criminal liability and offered to
exculpate the accused is not admissible unless corroborating circumstances clearly
indicate the trustworthiness of Ihe statement (RROE. Rule 130, Sec. 40).
Q: What are the requisites in order for act or declaration about pedigree to be
admissible? (DROPA)
ANS: A declaration about pedigree is subject lo the following conditions:
1. That the declarant is Dead or unable to testify;
2. That Ihe declarant be Related to the person whose pedigree is the subject
of inquiry;
3. Thal such relationship be shown by evidence Other than the declaration;
4. The Pedigree of a person must be at issue; and
5. Thal the declaration was made Ante litem motam, that is, not only before
the commencement of the suit involving the subject matter of the
declaration, but before any controversy has arisen thereon (Tecson v.
COMELEC. G.R. No. 161434, March 3. 2004).
Q: What are the relationships contemplated under Rule 130, Sec. 40?
ANS: The relationships contemplated under the rule is with respect to pedigree of
another person related to him or her;
1. By birth;
2. By adoption;
3. By marriage; or
4. In the absence thereof, with whose family he or she was intimately
associated as to be likely to have accurate information concerning his or her
pedigree (RROE. Rule 130, Sec. 41).
Q: What are the requisites In order for family reputation or tradition regarding
pedigree to be admissible? (BEMP)
1. The reputation or tradition was formed Before the controversy (ante litem
motam);
2 The reputation or tradition is one Existing in the family of the person whose
pedigree is in question;
3. The witness testifying lo the reputation of a person is a Member of the
family, either by consanguinity, affinity, or adoption; and
4. There is controversy in respect to the Pedigree of a member/s of a family
Q: What are other pieces of evidence that can be presented to establish pedigree?
ANS: Under the present rule, family reputation or tradition may also be established
through entries in:
1. Family bible
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2. Family books or charts:
3. Engravings on rings: and
5. Family portraits and the like (RROE, Rule 130, Sec. 42).
Note: Other examples of these objects which are regarded as reflective of a family's
reputation or tradition regarding pedigree are inscriptions on tombstones, monuments or
coffin plates (Jison v. CA. G.R. No. 124853, February 24, 1998).
Q: What is common reputation?

ANS: Common reputation is the reputation existing previous to the controversy, as to
the:
1. Boundaries of or customs affecting lands in the community and reputation
as to events of general history important to the community: or
2. Respecting marriage or moral character (RROE. Rule 130, Sec. 43).
Note: Monuments and inscriptions in public places may be received as evidence of
common reputation (RROE, Rule 130, Sec. 43).
Q: What is res gestae?

ANS: Res gestae is a Latin phrase which literally means "things done” (Capita v.
People. G.R. No. 146161, July 17, 2006). As an exception to the hearsay rule, it refers
to statements made by a person while a slai Hing occurrence Is taking place pi
immediately prior or subsequent thereto, under the stress of excitement caused by the
occurrence with respect to the circumstances thereof (RROE, Rule 130, Sec. 44).
Q: What is the rationale for the rule on res gestae!

ANS: The reason for the rule is human experience. Il has been shown that under
certain external circumstances of physical or mental shock, Ihe slate of nervous
excitement which occurs in a spectator may produce a spontaneous and sincere
response to the actual sensations and perceptions produced by the external shock. The
spontaneity of the utterance and its logical connection with the principal event, coupled
wilh the fact that the utterance was made while the declarant was still "strong" and
subject to the stimulus of the nervous excitement of the principal event, are deemed to
preclude contrivance, deliberation, design or fabrication, and to give to the utterance an
inherent guaranty of trustworthiness (People v. Cudal, G.R. No. 167502, October 31.
2006).
Q: What are the requisites of res gestae!

ANS: For the admission of the res gestae in evidence, Ihe following requisites must be
met:
1. That the principal act or the res gestae be a startling occurrence;
2. The statement is spontaneous or was made before the declarant had time to
contrive or devise; and
3. The statement made must concern the occurrence in question and its
immediately attending circumstances (Capita v. People, G.R. No. 146161,
July 17, 2006).
Q: Is long lapse of time between the principal act and the declaration, by itself,
1° d’snual>fy the declaration as part of the res gestae!
ANS: No. That is not enough to take it out of the operation of the principle. What is
required is that it be made under the influence of a startling event witnessed by Ihe
person who made the declaration before he had time to think and make up a story, orlo
concoct or contrive a falsehood, or to fabricate an account, and without any undue
influence in obtaining it, aside from the event in question or its immediate attending
circumstances (People v. Berame, G.R. Nu. L-27606, July 30, 1976).
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Q: What factors may be considered in determining whether a statement is

"spontaneous?” (TimPlaCo - PreN)
ANS: A number of factors have been considered including, but not confined to:
1. The Time that lapsed between the occurrence of the act or transaction and
the making of the statement;
2. The Place where the statement is made;
3. The Condition of the declarant when the utterance is given;
4. The Presence or absence of intervening events between the occurrence
and Ihe statement relative thereto; and
5. The Nature and the circumstances of the statement itself (Manulal Jr. v.
People, G.R No. 190892, August 17, 2015).
Q: What arc verbal acts?

ANS: Verbal acts are statements accompanying an equivocal act material to the issue,
and giving it a legal significance (RROE, Rule 130, Sec. 44).
Q: State the requisites for the admissibility of verbal acts. (E-MALe)

ANS: The requisites for the admissibility of verbal acts are:
1. The principal act to be characterized must be Equivocal;
2. The equivocal act must be Material t to the issue;
3. The statement must Accompany the equivocal act; and
4. Verbal acts must give Legal significance to the equivocal act (Talidano v.
Falcom Maritime & Allied Services. Inc., G.R. No. 172031, July 14, 2008).
Q: State the requisites for business records to be excepted from the hearsay rule.
ANS: The business record (memorandum, report, record or data compilation of acts,
events, conditions, opinions, or diagnoses) must be:
1. Made by writing, typing, electronic, optical or other similar means
2. Made at or near the lime of the transaction;
3. Made by. or from transmission or supply of information by, a person with
personal knowledge of the transaction;
4. Kept in the regular course or conduct of a business activity; and
5. It was the regular practice to make the business record by electronic, optical
or similar means.
Note: All the requisites are shown by the testimony of the custodian or other qualified
witnesses (RROE, Rule 130, Sec. 45).
Q: What are the requisites for entries in official records to be admissible? (PPK)
ANS: The requisites for admission of entries in official records are:
1. Thal it was made by a Public officer or by another person specially enjoined
by law lo do so; and
2. That it was made by a public officer in Ihe Performance of his duty, or by
another person in the performance of a duty specially enjoined by law; and
3. The public officer or the other person had sufficient knowledge of the facts
by him staled which must have been acquired by him personally or through
official information (Sabili v. COMELEC and Librea. G.R. No. 193261, April
24. 2012).
Q: What is the evidentiary value of entries in official records which are excepted
from the hearsay rule?
ANS: Such entries in official records are prima facie evidence of the facts therein
staled (ROC. Rule 130, Sec. 46).
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Q: Cite examples of persons specially enjoined by law to make official entries.

ANS: The following are examples of private persons specially enjoined by law to make
official entries:
1. Logbook entries required to be kept by a ship captain regarding the
Incidents of navigation;
2. Stamp of dishonor and its reasons required from the drawee of a check
under BP 22; and
3. Parties to a marriage ceremony and the solemnizing officer are required lo
sign and attest the marriage certificate and the solemnizing officer is
required lo keep and copy (RIGUERA. p. 858-859).
Q: When should entries in official records be authenticated?

ANS: Official entries are admissible in evidence regardless of whether the officer or
person who made them was presented and testified in court, since these entries are
considered prima facie evidence of the facts stated therein (People v. Ochoa, G.R. No.
173792. August 31, 2011). The exception to this is when the record prima facie shows
that the entries therein were nol made upon the personal knowledge of the officer (DST
Movers Corp. v. People's General Insurance Corp, G.R. No. 198627, January 13, 2016).
Q: What are the requisites In order for commercial lists to be admissible as an

exception to the hearsay rule? (LIP-U)
ANS: For commercial lists and Ihe liko lo be admissible as lending lo prove the truth of
any relevant mailer so staled therein, the following must be present:
1. Statements of matters of Interest to persons engaged in an occupation;
2. The statements must be contained in a List, register, periodical or other
published compilation;
3. That compilation is Published for use by persons engaged in Ihat
occupation; and
4. It is generally Used and relied upon by them (ROC. Rulo 130, Sec. 47).
Q: When is a learned treatise admissible?

ANS: A published treatise, periodical or pamphlet on a subject of law, history, science
or art may be admissible as tending lo prove Ihe truth of a matter stated therein If:
1. The court lakes judicial notice; or
2. A witness, expert in the subject testifies that tho writer of tho statement in
the treatise, periodical, or pamphlet is recognized in his profession or calling
as expert in the subject (ROC, Rule 130, Sec. 48).
Q: What are the requisites in order for testimony or deposition given at a former
trial to be admissible? (POFUS)
ANS: To be admissible under this rule, the following requisites must be present:
1. The testimony or deposition was given in a Former case or proceeding,
judicial or administrative;
2. The former case or proceeding was between the same Parties;
3. The former testimony relates lo the same Subject matter or issues
4. The adverse party had an Opportunity to cross-examine the witness; and
5. The witness is deceased or out of the Philippines or who cannot, with due
diligence, be found therein, or is Unavailable or otherwise unable to testify
Q: Why are the exceptions under the hearsay rule admissible as evidence?
ANS: Under appropriate circumstances, a hearsay statement may possess
circumstantial guarantees of trustworthiness sufficient to justify non-produclion of
the declarant in person (29 AmJur 29, 726). Another justification is dictated by necessity
to admit an out-of-court statement (29A AmJur 214). There exists a diminished risk of
untruslworthiness because the motivation to lie is less. Some statements may be
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admissible where no other or better evidence is available to prove an act, such that their
admissibility is predicated on a compelling necessity (RIANO, p. 328).
Q: What is residual exception with regard to the hearsay rule?

ANS: The residual exception to Ihe hearsay rule provides that any statement not
covered by the enumerated exceptions in the previous sections shall be admissible if
the court determines:
1. The statement has circumstantial guarantees of trustworthiness
2. The statement is offered as evidence of a material facts;
3. The statement is more probative on the point for which it is offered than any
other evidence which the proponent can procure through reasonable efforts;
and
4. The general purposes of these rules and the interests of justice will be best
served by admission of the statement into evidence (RROE. Rule 130, Sec.
50).
Q: Is the proponent of a residual exception required to give advance notice of his
intention to propose the same?
ANS: Yes. A statement may not be admitted under this exception unless the proponent
makes known to the adverse party, sufficiently in advance of the hearing, or by the pre
trial stage in the case of a trial of the main case, to provide the adverse party with a fair
opportunity to prepare to meet it, the proponent's intention to offer the statement and the
particulars of it, including the name and address of the declarant (RROE. Rule 130, Sec.
50).
Q: What is the doctrine of independently relevant statement?

ANS: The doctrine of independently relevant statement provides that regardless of the
truth or falsity of a statement, when what is relevant is the fact that such statement has
been made, the hearsay rule does not apply and Ihe statement may be shown. As a
matter of fact, evidence as to the making of the statement is not secondary but primary,
for Ihe statement itself may constitute a fact in issue or is circumstantially relevant as to
Ihe existence of such a fad. This is the doctrine of independently relevant statements
(People v. Umapa, G.R. No. 215742. March 22. 2017).
Q: What are the classifications of independently relevant statements?

ANS: The classifications arc as follows:
1. The first class includes:
a. Statements which are the very facts in issue; and
b. Statements which are circumstantial evidence of the fact in issue.
2. The second class Includes:
a. Statements of a person showing his state of mind that s, his mental
condition, knowledge, belief, intention, ill-will and other emotions;
b. Statements of a person from which an inference may be made as to
the state of mind of another; that is knowledge, belief, motive, good or
bad faith, etc. of the latter;
c. Statements which may identify the date, place and person in question;
and
d. Statements showing the lack of credibility of a witness (Estrada v.
Desierto, G.R. No. 146738. April 3. 2001).
Q: Is an independently relevant statement a hearsay statement?

ANS: No. An independently relevant statement is not hearsay and is, therefore, not
banned under the hearsay rule. Evidence as to the making of such statement is not
secondary but primary, for the statement itself may constitute a fact in issue or be
circumstantially relevant as to the existence of such a fact (People v. Estibal. G.R. No.
208749. November 26, 2014).
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OPINION RULE
Q: What are the matters that a person can testify to?
ANS: A witness can testify only to those facts which he or she knows of his or her
personal knowledge: that is, which are derived from his or her own perception (RROE,
Rule 130. Sec. 22).
Q: What are the instances when a witness may testify on matters not of his
personal knowledge?
ANS: The following are the exceptions:
1. Opinion of an Expert Witness -The opinion of a witness on a matter
requiring special knowledge, skill, experience, training or education, which
he or she is shown to possess may be received in evidence (RROE, Rule
130, Sec. 52);
2. Opinion of an Ordinary Witness - The opinion of an ordinary witness for
which proper basis is given, may be received in evidence regarding: (HIM-
BECA)
a. The Identity of a person about whom he or she has adequate
knowledge:
b. A Handwriting with which he or she has sufficient familiarity:
c. The Mental sanity of a person with whom he or she is sufficiently
acquainted:
d. The witness' impression on the Emotion, Behavior, Condition or
Appearance of a person (testimony of collective facts (ROC, Rule 130,
Sec. 53).
Note: All concede the admissibility of the opinions of non-professional
men upon a great variety of unscientific questions arising every day
and in every judicial inquiry, such as questions of quantity, value,
weight, measurement, time, distance, velocity, form, size, age,
strength, and various mental and moral aspects of humanity (Wigmore,
Evidence, p. 558).
Q: What is expert evidence?

Ans: The testimony of one possessing in regard to a particular subject or department
of human activity, knowledge which is not usually acquired by other persons (5
HERRERA, supra at 787).
Note: The expert witness must be qualified as an expert; otherwise, his leslimony
would not automatically be received as that of an expert witness, but that of an ordinary
witness (Dela Liana v. Biong. G.R. no. 182356, December 4. 2013).
Q: What is the reason for allowing expert testimony to be presented in court?

ANS; The probative force of IIle testimony of an expert does riot fie In a mere
statement of his theory or opinion, but rather in the aid that he can render to the courts
in showing the facts which serve as a basis for his criterion and the reasons upon which
the logic of his conclusion is founded (Dizon v. Tuazon. G.R. No. 172167, July 9, 2008).
It is important to note that the testimony of expert witnesses must be construed to have
been presented not to sway the court in favor of any of the parties, but to assist the
court in the determination of Ihe issue before it (People v. Basite, G.R. No. 150382.
October 2, 2003).
Q: May an ordinary witness testify as to the mental condition of a person?

ANS: Yes. An ordinary witness may give his opinion on the mental sanity of a person
with whom he is sufficiently acquainted (ROC. Rule 130. Sec. 53). Thus, the attending
physicians of a person whose mental sanily is under inquiry are not required to be
presented as expert witnesses before their testimony may be admitted in evidence since
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they were able to speak and interact with their patient (Hernandez v. San Juan-Santos,
G.R. nos. 166470 & 169217, August 7, 2009).
Q: Distinguish character from reputation.

ANS: Character is the aggregate of the moral qualities which belong to and distinguish
an individual person; the general results of one's distinguishing attributes. It is not the
same as a man's reputation because the latter depends on attributes which others
believe one to possess. In other words, while character is what the person really is,
reputation is what he is supposed to be in accordance with what people say he is. and is
dependent on how people perceive him to be (RIANO, Evidence, p.363).
Q: Is character evidence admissible?

ANS: As a rule, no. Evidence of a person’s character or a trait of character is not
admissible for the purpose of proving action in conformity therewith on a particular
occasion, except in certain instances. However, in criminal cases
1. The character of the offended party may be proved if it tends to establish in
any reasonable degree the probability or improbability of the offense
charged;
2. The accused may prove his or her good moral character, pertinent to the
moral trait involved in the offense charged. However, the prosecution may
not prove his or her bad moral character unless on rebuttal (RROE, Rule
130, Sec. 54).
Q: When is character evidence admissible in civil cases?

ANS: Evidence of moral character of a party is admissible in civil cases only when
pertinent to the issue of character involved in the case (RROE, Rule 130, Sec. 54).
Q: When is evidence of the good character of a witness admissible?

ANS: Evidence of the good character of a witness is not admissible until such
character has been impeached (RROE, Rule 130, Sec 54).
Q: How is character of a person proved?

ANS: In all cases in which evidence or a trait of character of a person is admissible,
proof may be made by testimony as to reputation or by testimony in the form of an
opinion. On cross-examination, inquiry is allowed into relevant specific instances of
conduct (RROE, Rule 130, Sec. 54).
Q: In what cases may specific instances of a person’s conduct be used as

evidence?
ANS: In cases in which the character or a trait of a person is an essential element of a
charge, claim or defense, proof may also be made of specific instances of that person's
conduct (RROE, Rule 130, Sec. 54).
JUDICIAL AFFIDAVITS
Q: What is the scope of the Judicial Affidavit Rule?
ANS: The rule shall apply to all actions, proceedings, and incidents requiring Ihe
reception of evidence before:
1. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, the Municipal Circuit Trial Courts, and the Shari’a
Circuit Courts but shall not apply to small claims cases under A.M. 08-8-7-
SC;
2. The Regional Trial Courts and the Shari’a District Courts;
3 The Sandiganbayan, the Court of Tax Appeals, the CA, and the Shari’a
Appellate Courts;
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4. The investigating officers and bodies authorized by the Supreme Court to

receive evidence, including the Integrated Bar of the Philippines; and
5. The special courts and quasi-judicial bodies, whose rules of procedure are
subject to disapproval of the Supreme Court, insofar as their existing rules of
procedure contravene the provisions of this Rule (A.M. No. 12-8-8-SC
Judicial Affidavit Rule, Sec. 1, par. (a)).
Q: When must judicial affidavits be submitted in cases covered by the Rules of

Court?
ANS: The judicial affidavits of witness who will be presented to prove a party's claim or
defense shall be attached to the pleading and form an integral part thereof. Only
witnesses whose judicial affidavits are attached lo the pleading shall be presented by
Ihe parties during trial.
Note: Except if a party presents meritorious reasons as basis for the admission ol
additional witnesses, no other witness or affidavit shall be heard or admitted by the court
Q: What are the contents of a judicial affidavit?

ANS: A judicial affidavit shall be prepared in the language known to the witness and. if
not in English or Filipino, accompanied by a translation in English or Filipino, and shall
contain the fullowing:
1. The name, age, residence or business address, and occupation of the
witness;
2. The name and address of the lawyer who conducls or supervises the
examination of the witness and the place where the examination is being
held;
3. A statement that the witness is answering the questions asked of him, fully
conscious that he does so under oath, and that he may face criminal liability
for false testimony or perjury;
4. Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
a. Show the circumstances under which the witness acquired Ihe fads
upon which he testifies;
b. Elicit from him those facts which are relevant to the issues that the case
presents; and
c. Identify the attached documentary and object evidence and establish
their authenticity in accordance with Ihe Rules of Court;
5. The signature of the witness over his printed name; and
6. A jurat with the signature of the notary public who administers the oath or an
officer who is authorized by law to administer the same (Judicial Affidavit
Rule, Sec. 3).
Q: What must a party do prior to the presentation of the judicial affidavit of his
witness?
ANS: The party presenting the judicial affidavit of his witness in place of direct
testimony shall state the purpose of such testimony at the start of the presentation of the
witness (Judicial Affidavit Rule, Sec. 6).
Q: How is objection to disqualify a witness or strike out his affidavit made under
the judicial affidavit rule?
ANS: The adverse parly may move to disqualify the witness or to strike out his affidavit
or any of the answers found in it on ground of inadmissibility. The court shall promptly
rule on the motion and, if granted, shall cause the marking of any excluded answer by
placing it in brackets under the initials of an authorized court personnel, without
prejudice lo a lender of excluded evidence under Section 40 of Rule 132 of the Rules of
Court (Judicial Affidavit Rule. Sec. 6).
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Q: What is the effect if a party fails to comply the required affidavits and exhibits
on time?
ANS: Tho party shall be deemed to have waived his/her submission. The court may.
however, allow only once the late submission of the same provided:
1. The delay is for a valid reason;
2. Would not unduly prejudice the opposing party; and
3. That public or private counsel responsible for their preparation and
submission pays a fine of not less than P1.000 nor more than P5.000
(Judicial Affidavit Rule. Sec. 10).
Q: State the effect if a witness or counsel fails to appear at the scheduled hearing
of the case as required.
ANS: The court shall not consider the affidavit of the witness who fails lo appear al the
scheduled hearing Counsel who fails to appear without valid cause despile notice shall
be deemed to have waived his client's right to confront by cross-examination the
witnesses there present (Judicial Affidavit Rule. Sec. 10).
Q: What is the effect if the judicial affidavits do not conform to the requirements
of Sections 3 and 4 of the Judicial Affidavit Rule?
ANS: As a rule, ihe court shall not admit as evidence judicial affidavits thal do not
conform lo Ihe conlenl requirements of Section 3 and the attestation requirement of
Section 4.
Q: When may a court admit judicial affidavits that are not compliant with the
requirements of Section 3 and Section 4?
ANS: The court may, however, allow only once Ihe subsequent submission of the
compliant replacement affidavits before the hearing or trial provided:
1. The delay is for a valid reason; and
2. Would not unduly prejudice the opposing party; and
3. That public or private counsel responsible for their preparation and
submission pays a fine of not less than P 1,000 nor more than P5.000, at the
discretion of the court (Judicial Affidavit Rule. Sec. 10).
F. OFFER AND OBJECTION

Q: What Is the rule on offer of evidence?
ANS: The court shall consider no evidence which has not been formally offered. The
purpose for which the evidence is offered must be specified (RROE. Rule 132. Sec. 34).
Q: How should offer of evidence be made?

ANS- All evidence must be offered orally (RROE Rule 132. Sec. 35).
Q: When should the offer be made?

ANS: The offer should be made on the following instances:
1. If it is a testimonial evidence, the offer of testimony of a witness in evidence
must be made at the time the witness is called to testify; and
2. If it is a documentary and object evidence, the offer of documentary and
object evidence shall be made after the presentation of a party's testimonial
evidence (RROE. Rule 132, Sec. 35).
Q: When should an objection be raised?
ANS: The proper time to object is as follows:
1. Objection to offer of evidence must be made orally immediately after the
offer is made;
2. Objection to the testimony of a witness for lack of a formal offer must be
made as soon as the witness begins lo testify; and/or
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3. Objection to a question propounded in the course of the oral examination of

a witness must be made as soon as the grounds therefor become
reasonably apparent (RROE, Rule 132, Sec. 3d).
Q: When may a continuing objection be made?

ANS: When it becomes reasonably apparent in the course nf the examination of a
witness that the questions being propounded are of the same class as those to which
objection has been made, whether such objection was sustained or overruled, it shall
hot be necessary to repeat the objection, it being sufficient for the adverse party to
record his continuing objection lo such class of questions (RROE, Rule 132, Sec. 37).
Q: When should the court rule on the objection raised?

ANS: The ruling of the court must be given immediately after the objection is made,
unless the court desires a reasonable time to inform itself on the question presented; but
the ruling shall always be made during the trial and at such lime as will give the parly
against whom it is made an opportunity to meet the situation presented by the ruling
(RROE. Rule 132, Sec. 36).
Q: When is motion to strike out answer proper?

ANS: Should a witness answer the question before the adverse party had the
opportunity to voice fully its objection lo the same, or where a question is not
objectionable, but the answer is not responsive, or where a witness testifies without a
question being posed or testifies beyond limits set by the court, or when the witness
does a narration instead of answering the question, and such objection is found to be
meritorious, the court shall sustain the objection and order such answer, testimony or
narration to be stricken off the record (RROE. Rule 132, Sec. 39).
Q: What is meant by tender of excluded evidence?

ANS: If documents or things offered in evidence are excluded by the court, the olleror
may have the same attached to or made part of the record. If the evidence excluded is
oral. Ihe offeror may state for the record the name and other personal circumstances of
the witness and the substance of the proposed testimony (RROE. Rule 132, Sec. 40).
A. CASES COVERED BY THE RULE

Q: What civil cases are covered under the Revised Rules on Summary
Procedure?
ANS: The following are the civil cases falling under Rules on Summary Procedure:
1. All cases of forcible entry and unlawful detainer, irrespective of the amount
of damages or unpaid rentals sought to be recovered; and
2. All other cases, except probate proceedings, where the total amount of Ihe
plaintiffs claim does not exceed P100,000 or P200.000 in Metropolitan
Manila, exclusive of interest and costs (Resolution of (he Court En Banc
Dated October 15,1991, as amended by 02-11-09-SC or Revised Rules on
Summary Procedure, Sec. 1, Par. A) [hereinafter RRSPJ.
Note: When the claim or demand is purely for sum of money not exceeding
P300.000 outside Metro Manila, or not exceeding P400,000 in Metro Manila,
the same shall be filed as a Small Claims Case (A.M. No. 06-6-7-SC or The
Revised Rules of Procedure for Small Claims Cases, as amended. Sec. 2).
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Q: What criminal cases are covered under the Revised Rules on Summary
Procedure? (BORAT)
ANS: The following are the criminal cases falling under Rules on Summary Procedure:
1. Violations of Traffic laws, rules and regulations;
2. Violations of the Rental law;
3. Violations of municipal or city Ordinances;
4. Violations of g.P. Big. 22 (Bouncing Checks Law); and
5. All other criminal cases where the penalty prescribed by law for the offense
charged is imprisonment not exceeding six months, or a fine not exceeding
P 1,000, or both, irrespective of other imposable penalties, accessory or
otherwise, or of the civil liability arising therefrom: Provided, however, that in
offenses involving damage to property through criminal negligence, this
Rule shall govern where the imposable fine does not exceed P10.000
(RRSP as amended by A. M. No. 00-11-01-SC, Sec. 1, Par. B).
Q: When is the Revised Rules on Summary Procedure not applicable in civil

cases?
ANS: The Rules on Summary Procedure shall not apply to a civil case where the
plaintiffs cause of action is pleaded in the same complaint with another cause of action
subject to the ordinary procedure (RRSP. Sec. 1).
Q: When is the Revised Rules on Summary Procedure not applicable in criminal

cases?
ANS: The Rules on Summary Procedure shall not apply to a criminal case where the
offense charged is necessarily related to another criminal case subject to the ordinary
procedure (RRSP. Sec. 1).
B. EFFECT OF FA IL URE TO ANSWER

Q: What is the period to file an answer under the Revised Rules on Summary
Procedure?
ANS: Within 10 days from service of summons, the defendant shall file his answer to
Ihe complaint and serve a copy thereof on the plaintiff (RRSP. Sec. 5).
Q: What is the basis of the judgment if the defendant fails to file an answer?
ANS: Should the defendant fail lo answer Ihe complaint within the given period, the
court, motu proprio, or on molion of the plaintiff, shall render judgment as may be
warranted by the facts alleged in the complaint and limited to what is prayed for therein
(RRSP, Sec. 6).
Note: A molion to declare a defendant in default is prohibited (RRSP. Sec. 19).
Q: What is the effect where there are multiple defendants and some, but not all,
fail to file an answer?
ANS: When a pleading asserting a claim slates a common cause of aclion against
several defending parties, some of whom answer and the others fail to do so. the court
shall try the case against all upon the answers thus filed and render judgment upon the
evidence presented (RROC. Rule 9, Sec. 3, Par. C).
C. PREL IMINA R Y CONFERENCE ANDA PPEA RA NCE OF PA R TIES

Q: When does preliminary conference take place in civil cases?
ANS: A preliminary conference shall be held not later than 30 days after the last
answer is filed (RRSP, Sec. 7).
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Q: Are the rules on pre-trial in ordinary cases applicable under the Revised Rules
on Summary Procedure?
ANS: Yes. The rules on pre-trial in ordinary cases shall be applicable to the preliminary
conference unless inconsistent with the provisions of this Rule (RRSP, Sec. 7).
Q: What is the effect of plaintiff’s failure to appear in the preliminary conference

under the RRSP?
ANS: The failure of the plaintiff to appear in the preliminary conference shall be a
cause for the dismissal of his complaint. The defendant who appears in the absence of
the plaintiff shall be entitled to judgment on his counterclaim. All cross-claims shall be
dismissed (RRSP, Sec. 7).
Q: What is the effect of a sole defendant’s failure to appear in the preliminary

conference in civil cases?
ANS: If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in
accordance with Section 6 of the Rules on Summary Procedure that is the court shall
render judgment as may be warranted by the facts alleged in the complaint and limited
to what is prayed for therein (RRSP, Sec. 7).
Note: This Rulo shall not apply where one of two or more defendants sued under a
common cause of action who had pleaded a common defense shall appear at the
preliminary conference (RRSP, Sec. 7).
Q: When shall parties submit the affidavits and position papers of their witnesses
and other evidence?
ANS: Within 10 days from receipt of the preliminary conference order, the parlies shall
submit the affidavits of their witnesses and other evidence on the factual issues defined
in the order, together with their position papers setting forth the law and the facts relied
upon by them (RRSP. Sec. 9).
Q: What should the affidavits to be submitted state?

ANS: The affidavits required to be submitted under this Rule shall slate only fads of
direct personal knowledge of the affiants which are admissible in evidence, and shall
show their competence to testify to the matters stated therein (RRSP, Sec. 20).
Q: What is the effect if the submitted affidavits are inadmissible as evidence?

ANS: Such violation of the Rules shall be cause lo expunge the inadmissible affidavit
nr portion thereof from the record (RRSP, Sec. 20).
Note: The court may take this aclion motu proprio (RCBC Bankard Services Corp. v.
Oration, G.R. No. 223274, June 19. 2019).
Q: When shall the court render judgment?

ANS: The court shall render judgment within 30 days after receipt of the last affidavits
and position papers, or the expiration of the period for filing the same (RRSP, Sec. 10).
D. PROHIBITED PLEADINGS AND MOTIONS

Q: What are the prohibited pleadings in a summary procedure?
ANS: The following pleadings, motions or petitions shall not be allowed in the cases
covered by this Rule:
1. Motion lo dismiss the complaint or to quash the complaint or information
Note: A molion to dismiss alleging lack of jurisdiction over the subject
matter, or failure to comply with the barangay conciliation proceedings is not
prohibited.
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2. Motion for a bill of particulars;

3. Motion for new trial, or for reconsideration of a judgment, or for opening of
trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition against any interlocutory
8. Motion to declare the defendant in default;
10. Reply;
11. Third party complaints;
12. Interventions (RRSP. Sec. 19).
E. APPEAL
Q: How is appeal in summary procedure taken?
ANS: The judgment or final order shall be appealable to the appropriate regional trial
court which shall decide the same on the basis of the entire record of the proceedings
held in the court of origin and such memoranda and/or briefs as may be submitted by
the parties or required by the Regional Trial Court (RRSP, Sec. 21; B.P. Big. 129, Sec.
22).
Q: Will appeal to the RTC stay the judgment?

ANS: No. The judgment is immediately executory upon motion of the plaintiff, unless
defendant-appellant perfects his/her appeal and files a supersedeas bond with the the
period to appeal (ROC, Rule 70, Sec. 19).
Q: Are judgments of the RTC under this Rule immediately executory?

ANS: Yes. The decision of the regional trial court in civil cases governed by this Rule.
Including forcible entry and unlawful detainer, shall be immediately executory, without
prejudice to a further appeal that may be taken therefrom (RRSP, Sec. 21).
Q: How may an aggrieved party prevent the execution of the RTC's judgment on
appeal?
ANS: The defendant may appeal said judgment lo the Court of Appeals and therein
apply for a writ of preliminary injunction (City of Naga v. Asuncion, G.R. No. 174042,
July 9. 2008).
SIM
A. CASES COVERED
Q: What are the requisites for a dispute to fall under the Katarungang
Pambarangay?
ANS: For a dispute to fall under the coverage of Katarungang Pambarangay, the
following requisites must be present:
1. The parties are natural persons;
2. The parties are actually residing in the same city or municipality;
3 Dispute is not among those excepted from the coverage (Universal Robina
Corp. v. Heirs of Ange! Teves, G.R. No. 128574. September 18. 2002; Adm.
Circ. No. 14-93 or Guidelines on the Katarungang Pambarangay)
[hereinafter Katarungang Pambarangay].
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Q: Is prior recourse to Barangay conciliation a condition before filing a

complaint?
ANS: Yes. All disputes are subject to Barangay, and prior recourse thereto is a pre
condition before filing a complaint in court or any government offices, except as
otherwise provided (Katarungang Pambarangay. Item I).
Q: Is failure to take prior recourse to Barangay conciliation a jurisdictional

defect?
ANS; No. The conciliation process is not a jurisdictional requirement, so that non-
compliance therewith cannot affect the jurisdiction which the court has otherwise
acquired over the subject matter or over the person of the defendant (Aquino v. Aure,
G.R. No. 153567; February 18. 2008).
Note: Where, however, the fact of non-compliance wilh and non-observance of such
procedure has been seasonably raised as an issue before the court first taking
cognizance of the complaint, dismissal of the action is proper (Uy v. Contreras. G.R. No.
111416. September 26. 1994).
Q: What are the exceptions to the cases falling under the Katarungang
Pambarangayl
ANS; The following are cases do not fall under the Katarungang Pambarangay:
1. Where one party is the government, or any subdivision or instrumentality
thereof;
2. Where one parly is a public officer or employee, and the dispute relates to
the performance of his official functions;
3. Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;
4. Any complaint by or against corporations, partnerships or juridical entities;
5. Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding P5.000;
6. Offenses where there is no private offended party;
7. Where the dispute Involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate Lupon,
8. Disputes involving parties who actually reside in barangays of different cities
or municipalities, except where such barangay units adjoin each other, and
the parties thereto agroo to submit their differences to amicable settlement
by an appropriate Lupon; and
9. Disputes where urgent legal action is necessary to prevent injustice,
specifically;
a. Criminal cases where accused is under police custody or detention;
b. Petitions for habeas corpus
c. Actions coupled with provisional remedies; and
d. Actions which may be barred by the Statute of Limitations.
10. Such other classes of disputes which the President may determine in Ihe
interest of justice or upon the recommendation of the Secretary of Justice;
11. Where the dispute arises from the Comprehensive Agrarian Reform Law;
12. Labor disputes or controversies arising from employer-employee relations;
and
13. Actions to annul judgment upon a compromise (Katarungang Pambarangay.
Item I).
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B. SUBJECT MATTER FOR AMICABLE SETTLEMENT

Q: Which disputes cannot be the subject of a compromise?
ANS: No compromise upon the following questions shall be valid:
1. The civil status of persons;
2. The validity of a marriage or a legal separation;
3. Any ground for legal separation;
4. Future support;
5. The jurisdiction of courts; and
6. Future legitime (CIVIL CODE, Art. 2035).
C. VENUE
Q: What are the rules of venue under the Katarungang Pambarangay Law?
ANS: The following are the rules of venue under the Katarungang Pambarangay Law:
Venue
BotwoenPeradns. A c t u .1111 Before the Lupon of said barangay.

the SarnefBarqngayj^^^
In the barangay where the respondent or

Barangays®) any of the respondents actually resides, at
Municipality^ the election of the complainant.
In the barangay where the real property or

the larger portion thereof is situated.
In the barangay where such workplace or

institution is located.
(LOCAL GOVERNMENT CODE . Sec
Q: When may the objections to the rules on venue be raised?

ANS: Objections to venue shall be raised in the mediation proceedings before Ihe
punong barangay, otherwise, the same shall be deemed waived (LOCAL
GOVERNMENT CODE. Sec 109)
Note: Any legal question which may confront the punong barangay in resolving
objections to venue herein referred to may be submitted to the Secretary of Justice or
his duly designated representative, whose ruling thereon shall be binding (LOCAL
GOVERNMENT CODE. Sec 109)
D. WHEN PARTIES MAY DIRECTLY GO TO COURT

Q: When may parties directly go to court?
ANS: The parties may go directly to court in the following instances:
I Where Ihe accused is under detention;
2 Where a person has otherwise been deprived of personal liberty calling for
habeas corpus proceedings;
3 . Where actions are coupled wilh provisional remedies;
4 Where the action may otherwise be barred by the statute of limitation;
5 Where the dispute arises from employer-employee relationship;
6 Where the dispute arises from the Comprehensive Agrarian Reform Law in
such case, it shall be under the jurisdiction of Barangay Agrarian Reform
Council; and
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7 . Actions lo annul judgment upon a compromise, which may be filed directly

in court (Katarungang Pambarangay, Item I.).
E. EXECUTION
Q: How may the amicable settlement or arbitration award be enforced by
execution under the Revised Rules on Katarungang Pambarangay!
ANS: The amicable settlement or arbitration award may be enforced by execution by
the Lupon within six (6) months from the date of the settlement (LOCAL GOVERNMENT
CODE. Sec. 417).
Q: How is execution of amicable settlement or arbitration award carried by the

Lupon!
ANS: The execution shall be as follows:
a^^^^fnEkecd f i o
If theExecutibn’b’eifoKthe The party obliged is allowed a period of five (5)

Payment of Money days lo make a voluntary payment, failing
which, the Punong barangay shall take
possession of sufficient personal property
located in the barangay of Ihe parly obliged lo
satisfy the settlement or award from the
proceeds of the sale thereof with legal interest
such sale to be conducted in accordance with
the procedure herein provided.
If it be for tho Delivery or The Punong barangay shall oust therefrom the
Restitution of Property Located»in;j person against whom the settlement or award is
■ the Barangay ’ * rendered and place the place the party entitled
thereto in possession of such property.
If It be for the Delivery'brZ. The Punong barangay issuing the notice shall
Restitution of Property Located in authorize the Punong barangay of Ihe barangay
Another Barangay of the Same where the property is situated to lake
City or Municipality possession of tho properly and to act in
accordance with preceding paragraph hereof.
I If a Settlement or Award,Directs The Punong barangay may direct the Lupon
|| to,a Party to Execute a Secretary to perform the act at (he cost of Ihe
Conveyance of Land, or to Deliver disobedient party and the act when so done
Deeds or Other Documents, or to- shall like effects as if dene by the party.
’ Perform any Other Specific Act,
and the Party Fails to Comply
, Within the Time SpecifS&te^;
(Sebastian v. Lagmay, G.R. No. 164594. April 22. 2015)
*he Lupon effec* levy on real property?

_ rtTh® Lupon can only effect levy on personal property (Sebastian v. Lagmay,
(j.H. No. 164594; April 22, 2015).
What ,s the remedy after the lapse of the period to enforce the amicable
settlement or arbitration award under the Katarungang Pambarangay Law?
ANb: After the lapse of such time, the settlement may be enforced by action in the
appropriate city or municipal court (LOCAL GOVERNMENT CODE. Sec. 417).
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F. REPUDIATION
Q: When may a party repudiate the settlement?
ANS: Any party to the dispute may, within 10 days from the date of the settlement,
repudiate the same by filing with the Lupon chairman a statement lo that effect sworn to
before him, where the consent is vitiated by fraud, violence, or intimidation (LOCAL
GOVERNMENT CODE. Sec. 418).
Q: Why does the amicable settlement reached by the parties under Katarungang
Pambaranggay have the force and effect of res judicata?
ANS: Being a by-product of mutual concessions and good faith of the parties, an
amicable settlement has the force and effect of res judicata even if not judicially
approved. II transcends being a mere contract binding only upon the parties thereto and
is akin to a judgment that is subject lo execution in accordance with the Rules (Miguel v.
Montanez, G.R. No. 191336. January 25. 2012).
Q: What is the remedy where a party fails or refuses to abide by the compromise?
ANS: If one of the parties fails or refuses to abide by the compromise, the other party
may either enforce the compromise or regard it as rescinded and insist upon his original
demand (CIVIL CODE. Art. 2041).
A. SCOPE AND APPLICABILITY OF THE RULE

Q: What is the scope of the Revised Rules of Procedure for Small Claims Cases?
ANS: These Rules shall govern the procedure in actions before the first level courts for
payment of money where the value of the claim does not exceed P400.000 for the
MeTCs and P300.000 for the MTCCs. MTCs, MCTCs exclusive of interest and costs
(A.M. No. 08-8-7-SC or The Revised Rules of Procedure for Small Claims Cases, as
amended, Sec. 2) [hereinafter RRSCC].
Q: What is the nature of the cases covered by the RRSCC?

ANS: This Rule only applies in all aclions that are purely civil in nature where the claim
or relief prayed for by Ihe plaintiff is solely for payment or reimbursement of sum of
money (RRSCC, Sec. 5).
Q: What are the kinds of claims and demands falling under small claim cases?
(MLB)
ANS: The claim or demand may be:
1 For Money owed under any of the following:(L2S2M)
a. Contract of Lease;
b. Contract of Loan;
c. Contract of Services;
d. Contract of §ale; or
e. Contract of Mortgage.
2. For Liquidated damages arising from contracts;
3. The enforcement of a Barangay amicable settlement or an arbitration award
involving a money claim covered by this Rule pursuant lo Sec. 417 of
Republic Act 7160, otherwise known as The Local Government Code of
1991 (RRSCC, Sec. 5).
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B. COMMENCEMENT OF SMALL CLAIMS ACTIONS; RESPONSE

Q: How is a small claim action commenced?
ANS: A small claims action is commenced by filing with the court an accomplished and
verified Statement of Claim in duplicate, accompanied by the following:
1. Certification Against Forum Shopping, Splitting, a Single Cause of Action,
and Multiplicity of Suits;
2. 2 duly certified photocopies of the actionable document/s subject of the
claim; and
3. The affidavits of witnesses and other evidence to support the claim
(RRSCC. Sec. 6).
Q: May the court motu proprio dismiss cases under the RRSCC?
ANS: Yes. After the court determines that the case falls under these Rules, it may.
from an examination of the allegations of the Statement of Claim/s and such evidence
attached thereto, by itself, dismiss the case outright on any of the grounds for the
dismissal of the case. The order of dismissal shall stale if it is with or without prejudice
(RRSCC. Sec. 11).
Q: What is the effect if the case is not covered by the RRSCC but still cognizable
by the first level courts?
ANS: If the case does not fall under this Rule, but falls under summary or regular
procedure within the first level courts, the case shall not be dismissed. Instead, the case
shall be re-docketed under the appropriate procedure, and returned to the court where il
was assigned, subject to payment of any deficiency in the applicable regular rate of filing
fees (RRSCC, Secs. 2 and 11).
Q: What is the additional requirement imposed on the plaintiff if they are engaged
in lending or banking business?
ANS: The plaintiff must state in the Statement of Claim if he/she/it is engaged in the
business of lending, banking and similar activities, and the number of small claims
cases filed within the calendar year regardless of judicial station (RRSCC, Sec. 6).
Note: If plaintiff misrepresents that he/she/ it is not engaged in the business of banking,
lending or similar activities when in fact he/she/it is so engaged, the Statement ol
Claim/s shall be dismissed with prejudice and plaintiff shall be meted the appropriate
sanctions, such as direct contempt (RRSCC. Sec. 11).
Q: What are the rules on venue if the plaintiff is engaged in the business of
lending, banking and similar activities?
ANS: ” ’he plaintiff is engaged in the business of lending, banking and similar
activities, and has a branch within the municipality or city where the defendant resides,
the Statement of Claim/s shall be filed where that branch is located (RRSCC, Sec. 7).
may a party j°in separate claims into one case?

ANS: A party may join separate claims into one case against a defendant provided that
the total amount claimed, exclusive of interest and costs, does not exceed P400.000 (or
the MeTCs and P300.000 for the MTCCs. MTCs, MCTCs exclusive of interest and costs
(RRSCC. Sec. 8).
Q. May additional evidence not included in the filing of the claim be offered during
the hearing?
ANS: No. No evidence shall be allowed during the hearing which was not attached lo
or submitted together with the Statement of Claim, unless good cause is shown for Ihe
admission of additional evidence (RRSCC, Sec. 6).
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Q: What are the rules with respect to the payment of filing fees?
ANS: The plaintiff shall pay the docket and other legal fees, unless allowed to litigate
as an indigent (RRSCC. Sec. 10).
Note: In no case shall a party, even if declared an indigent, be exempt from the
payment of the P1,000 fee for service of summons and processes (RRSCC, Sec. 10).
Q: How may an indigent file a claim under the Revised Rules of Procedure for
Small Claims Cases?
ANS: An indigent must file a claim with a motion to sue as indigent, which shall be
referred to the Executive Judge for immediate action in case of multi-sala courts
(RRSCC. Sec. 10).
Q: What is the effect if a claim with motion to sue as indigent is denied?

ANS: If the motion is denied, the plaintiff shall be given five (5) days within which to
pay the docket fees, otherwise, the case shall be dismissed without prejudice (RRSCC.
Sec. 10).
Q: What may the court do if summons cannot initially be served on the

defendant?
ANS: If Summons is returned without being served on any or all of the defendants, the
court shall order the plaintiff to cause the service of summons and shall inform Ihe court
wilhin 30 days from notice if said summons was served or not; otherwise, the Statement
of Claim/s shall be dismissed without prejudice as to those who were not served with
summons (RRSCC. Sec. 12).
Q: How shall a response be made under the RRSCC?

ANS: The defendant shall file with Ihe court and serve on the plaintiff a duly
accomplished and verified Response wilhin a non-extendible period of 10 days from
receipt of summons. The Response shall be accompanied by certified photocopies of
documents, as well as affidavits of witnesses and other evidence in support thereof
(RRSCC, Sec. 11).
Note: No evidence shall be allowed during the hearing which was not attached to or
submitted together with the Response, unless good cause is shown for the admission of
additional evidence (RRSCC, Sec. 13).
Q: When shall a claim of the defendant be filed as counterclaim in the Response?

ANS: The claim shall be filed as a counterclaim in the Response, if at the time the
action is commenced, the defendant possesses a claim against the plaintiff that:
1. Is wilhin the coverage of this Rule, exclusive of interest and costs;
2. Arises out of the same transaction or event that is the subject matter of the
plaintiffs claim;
3. Does not require for its adjudication the joinder of third parties; and
4. Is not the subject of another pending action (RRSCC. Sec. 15).
Note: The defendant may also elect to file a counterclaim against the plaintiff that does
nol arise oul of the same transaction or occurrence, provided that the amount and
nature thereof are within the coverage of this Rule and the prescribed docket and other
legal fees are paid (RRSCC, Sec. 15).
Q: What is the effect if the defendant fails to file a response and fails to appear on
tho date set for hearing?
ANS: Should the defendant fail to file his/her/its Response wilhin the required period,
and likewise fail lo appear on the date set for hearing, the court shall render judgment
on the same day. as may be warranted by the fads alleged in the Statement of Claim/s
(RRSCC. Sec. 14).
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Q: What is the effect if the defendant fails to file a response but appears on the
date set for hearing?
ANS: Should the defendant fail to file his/her/its Response within the required period
but appears on the date set for hearing, the court shall ascertain what defense he/she/il
has to offer which shall constitute his/ her/its Response, and proceed to hear or
adjudicate the case on the same day as if a Response has been filed (RRSCC, Sec.
14).
Q: May the court dismiss the claim even If the ground was not raised by the
defendant?
ANS: Yes. If. during the hearing, the court is able to determine that there exists a
ground for dismissal of the Statement of Claim/s. the court may. by itself, dismiss the
case even if such ground is not pleaded in the defendant's Response (RRSCC, Sec.
11).
C. PROHIBITED PLEADINGS AND MOTIONS

Q: What are the prohibited pleadings under the Revised Rules of Procedure for
Small Claims Cases? . ■ '
ANS: The following pleadings, motions, or petitions shall not be allowed in the cases
covered by this Rule:
1. Motion to dismiss the Statement of Claim/s;
3. Motion for new trial, or for reconsideration of a judgment, or for reopening ol
trial;
5. Motion for extension of time to file pleadings, affidavits, or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition against any interlocutory
10. Reply and rejoinder;
11. Third-party complaints; and
12. Interventions (RRSCC, Sec. 16).
D. APPEARANCES
Q: When may a party appear through a representative?
ANS: A party may not be represented by a counsel. The parties shall personally
appear on the designated date of hearing (RRSCC, Sec. 18/ No attorney shall appear
in behalf of or represent a party at a hearing, unless the attorney is the plaintiff or
defendant (RRSCC. Sec. 19/
Q: What are the requisites for a party to appear through a representative? (VLRS)
ANS: For a party to appear through a representative, the following requisites are met:
1. Appearance through a representative must be for a Valid cause;
2. The representative of an individual-party must not be a lawyer ;
3. The representative must be gelated to or next-of-kin of the individual-party;
and
4. The representative must be authorized under a Special Power of Attorney lo
enter into an amicable settlement of the dispute and to enter into stipulations
or admissions of facts and of documentary exhibits (RRSCC, Sec. 18).
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Note: Juridical entities shall not be represented by a lawyer in any capacity (RRSCC,
Sec. 18).
Q: What may the court do if a party to the hearing cannot properly present his
claim/defense?
ANS: If the court determines that a party cannot properly present his/her claim or
defense and needs assistance, the court may, in its discretion, allovz another individual
who is not an attorney to assist that party upon the latter's consent (RRSCC, Sec. 19).
Q: What is the effect of the non-appearance of the plaintiff under the Revised
Rules of Procedure for Small Claims Cases?
ANS: Non-appearance of the plaintiff to appear shall be cause for (he dismissal of the
Statement of Claim/s without prejudice (RRSCC. Sec. 20).
Note: The defendant who appears in the absence of the plaintiff shall be entitled to
judgment on a permissive counterclaim (RRSCC. Sec. 20).
Q: What is the effect if both the plaintiff and the defendant fail to appear on the
date set for hearing?
ANS: Failure of both parties to appear shall cause the dismissal with prejudice of both
the Statement of Claim/s and Ihe counterclaim (RRSCC, Sec. 20).
Q: What is the effect of the non-appearance of the defendant under the Revised
Rules of Procedure for Small Claims Cases?
ANS: If the defendant fails to appear, the court shall render judgment on the same day,
as may be warranted by the facts alleged in the Statement of Claim/s (RRSCC. Secs.
14 and 20).
Note: This shall not apply where one of two or more defendants who are sued under a
common cause of action and have pleaded a common defense appears at the hearing
(RRSCC, Sec. 20).
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E. HEARING; DUTY OF THE JUDGE
Q: When should the judge act as a mediator at the hearing?
ANS: At Ihe hearing, the judge shall first exert efforts to bring the parties to an
amicable settlement of their dispute (RRSCC. Sec. 23).
Q: When shall the hearing proper take place?

ANS: If efforts at settlement fail, the hearing shall immediately proceed in an informal
and expeditious manner and be terminated within the same day (RRSCC, Sec. 23).
Q: When shall a decision be rendered in a small claim case?

ANS: After the hearing, the court shall render its decision within 24 hours from
termination of the hearing (RRSCC, Sec. 24).
Q: When is postponement of a hearing allowed?

ANS: A request for postponement of a hearing may be granted only upon proof of the
physical inability of the party to appear before the court on the scheduled date and time
(RRSCC, Sec. 21).
Note: A party may avail of only 1 postponement (RRSCC, Sec. 21).
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F. FINALITY OF JUDGMENT
Q: What is the status of decisions rendered under the RRSCC?
ANS: The decision shall be final, executory and unappealable (RRSCC, Sec. 24).
Q: May the aggrieved party file a motion for new trial or reconsideration, or a
petition for relief?
ANS: No. A motion for new trial, or for reconsideration of a judgment, or for reopening
of trial, and petition for relief from judgment are prohibited motions/pleadings (RRSCC.
Sec. 16).
Q: What is the remedy of the aggrieved party considering the judgment is
unappealable?
ANS: The proscription on appeals in small claims cases, similar lo other proceedings
where appeal is not an available remedy, does not preclude the aggrieved party from
filing a petition for certiorari under Rule 65 of the Rules of Court (A.L. Lang Network Inc.
v. Mondejar, G.R. No. 200904; January 22. 2014).
A. SCOPE AND APPLICABILITY OF THE RULE

Q: What is the scope of the Rules of Procedure for Environmental Cases?
ANS: These Rules shall govern the procedure in civil, criminal and special civil actions
before the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in
Cities, Municipal Trial Courts and Municipal Circuit Trial Courts involving enforcement or
violations of environmental and other related laws, rules and regulations (A.M. No. 09-6-
8-SC or Rules of Procedure for Environmental Cases, Rule 1, Sec. 2) [hereinafter Rules
on Environmental Cases].
B. CIVIL PROCEDURE
PROHIBITION AGAINST TEMPORARY RESTRAINING ORDER AND PRELIMINARY
INJUNCTION
Q: Which courts are prohibited from issuing a writ of preliminary Injunction ora
temporary restraining order against government agencies enforcing
environmental laws?
ANS: Except the Supreme Court, no court can issue a TRO or writ of preliminary
injunction against lawful actions of government agencies that enforce environmental
laws or prevent violations thereof (Rules on Environmental Cases, Rule 2, Sec. 10).
Q: What then is the remedy for an urgent relief against unlawful actions
committed by government agencies in environmental cases?
ANS: The remedy is to apply for a Temporary Environmental Protection Order (TEPO).
Lower courts may grant the same if it appears from the verified complaint with a prayer
for the issuance of an Environmental Protection Order (EPO) that the matter is of
extreme urgency and the applicant will suffer grave Injustice and irreparable injury
(Rules on Environmental Cases, Rule 2, Sec. 8).
PRE-TRIAL CONFERENCE; CONSENT DECREE

Q: What is the duty of the court at the beginning of the pre-trial?
ANS: At the start of the pre-trial conference, the court shall inquire from the parties if
they have settled the dispute; otherwise, the court shall immediately refer the parties or
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their counsel, if authorized by their clients, to the Philippine Mediation Center (PMC) unit
for purposes of mediation. If not available, the court shall refer the case to the clerk of
court or legal researcher for mediation (Rules on Environmental Cases, Rule 3. Sec. 3).
Note: If mediation fails, the court will schedule the continuance of the pre-trial (Rules
on Environmental Cases. Rule 3, Sec. 3).
Q: What are the duties of the judge during the pre-trial conference?
ANS: The judge shall;
1. Put Ihe parties and their counsels under oath, and they shall remain under
oath in all pre-trial conferences;
2. Exert best efforts to persuade the parties to arrive at a settlement of the
dispute; and
3. May issue a consent decree approving the agreement between the parties
in accordance with law. morals, public order and public policy to protect the
right of the people to a balanced and healthful ecology (Rules on
Environmental Cases. Rule 3. Sec. 5).
Q: What is a consent decree?

ANS: A Consent decree refers to a judicially-approved settlement between concerned
parties based on public interest and public policy to protect and preserve the
environment (Rules on Environmental Cases. Rule 1. Sec. 4).
Q: What are the duties of the judge if there is no full settlement at the pre-trial?
ANS: If the parties failed to agree on a full settlement at the pre-trial, the duties of the
judge are as follows:
1. Adopt the minutes of the preliminary conference as part of the pre-trial
proceedings and confirm the markings of exhibits or substituted photocopies
and admissions on the genuineness and due execution of documents;
2. Determine if there are cases arising out of the same facts pending before
other courts and order its consolidation if warranted;
3. Determine if the pleadings are in order and if not, order the amendments if
necessary;
4. Determine if interlocutory issues are involved and resolve the same;
5. Consider the adding or dropping of parties;
6. Scrutinize every single allegation of the complaint, answer and other
pleadings and attachments thereto, and the contents of documents and all
other evidence identified and pre-marked during pre-trial in determining
further admissions;
7. Obtain admissions based on the affidavits of witnesses and evidence
attached to Ihe pleadings or submitted during pre-trial;
8, Define and simplify the factual and legal issues arising from the pleadings
and evidence. Uncontroverted issues and frivolous claims or defenses
should be eliminated;
9 Discuss the propriety of rendering a summary judgment or a judgment
based on the pleadings, evidence and admissions made during pre-trial;
10. Observe the Most Important Witness Rule in limiting the number of
witnesses, determining the facts to be proved by each witness and fixing the
approximate number of hours per witness;
11. Encourage referral of the case to a trial by commissioner under Rule 32 of
the Rules of Court or to a mediator or arbitrator under any of the alternative
modes of dispute resolution governed by the Special Rules of Court on
Alternative Dispute Resolution;
12. Determine the necessity of engaging the services of a qualified expert as a
friend of the court (amicus curiae)', and
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13. Ask parties lo agree on the specific trial dates for continuous trial, comply
with the one-day examination of witness rule, adhere to the case flow chart
determined by the court which shall contain the different stages of the
proceedings up to the promulgation of the decision and use the time frame
for each stage in setting the trial dates (Rules on Environmental Cases,
Rule 3. Sec. 6).
Q: What is the effect if the plaintiff fails to appear at pre-trial?

ANS: The court shall not dismiss the complaint, except upon repeated and unjustified
failure of the plaintiff to appear. The dismissal shall be without prejudice, and the court
may proceed with the counterclaim (Rules nn Environmental Cases, Rule 3, Sec. 7).
Q: What is the effect if the defendant fails to appear at pre-trial?

ANS: If the defendant fails to appear at the pre-trial, the court shall receive evidence ex
parte (Rules on Environmental Cases, Rule 3, Sec. 7).

Q: What are the pleadings or motions that may be filed in an environmental case?
ANS: The pleadings and motions that may be filed are the following:
1. Complaint;
2 Answer which may include compulsory counterclaim and cross-claim;
3. Motion for intervention
4. Motion for discovery;
5. Motion for reconsideration of the judgment;
6. Motion forpostponement;
7. Motion fpr new trial; and
8. Petition for relief from judgment (Rules on Environmental Cases, Rule 2,
Sec. 1).
Note: Motion for postponement, motion for new trial and petition for relief from
judgment shall be allowed in highly meritorious cases or to prevent a manifest
miscarriage of justice (Rules on Environmental Cases. Rulo 2, Sec. 1).
Q: What are the prohibited pleadings or motions in an environmental case?

ANS: The following pleadings or motions shall not be allowed:
1. Motion lo dismiss Ihe complaint;
3. Motion for extension of time to file pleadings, except to file answer, Ihe
extension not lo exceed 15 days;
5. Reply and rejoinder; and
6. Third party complaint (Rules on Environmental Cases, Rule 2, Sec. 2).
TEMPORARY ENVIRONMENTAL PROTECTION ORDER

Q: When may a TEPO be issued?
ANS: If it appears from the verified complaint with a prayer for the issuance of an
Environmental Protection Order (EPO) that the matter is of extreme urgency and Ihe
applicant will suffer grave injustice and irreparable injury, the executive judge of Ihe
multiple-sala court before raffle or the presiding judge of a single-sala court as the case
may be, may issue ex parte a TEPO (Rules on Environmental Cases, Rule 2, Sec. d).
Q: For how long will a TEPO be effective?

ANS: A TEPO is effective for only 72 hours from date of the receipt of the TEPO by the
party or person enjoined (Rules on Environmental Cases, Rule 2, Sec. 8).
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14 Volume II | Sorias of 2020/21
Noto: Within said period, the court where the case is assigned, shall conduct a
summary hearing to determine whether the TEPO may be extended until the termination
of the case (Rules on Environmental Cases, Rule 2, Sec. 8).
Q: What is the rule with regards to posting a bond for the issuance of a TEPO?
ANS: The applicant shall be exempted from the posting of a bond for the issuance of a
TEPO (Rules on Environmental Cases, Rule 2. Sec. 8).
Q: How may a TEPO be dissolved?

ANS: The TEPO may be dissolved if it appears after hearing that its issuance or
continuance would cause irreparable damage to the party or person enjoined while the
applicant may be fully compensated for such damages as he may suffer and subject to
Ihe posting of a sufficient bond by the party or person enjoined (Rules on Environmental
Cases, Rule 2, Sec. 9).
Note: The grounds for motion to dissolve a TEPO shall be supported by affidavits of
Ihe party or person enjoined which the applicant may oppose, also by affidavits (Rules
on Environmental Cases, Rule 2, Sec. 9).
JUDGMENT AND EXECUTION; RELIEFS IN A CITIZEN'S SUIT

Q: What is a “Citizen suit?"
ANS: Citizen suit is a suit whereby any Filipino citizen in representation of others,
including minors or generations yet unborn, may file an action to enforce rights or
obligations under environmental laws (Rules on Environmental Cases, Rule 2, Sec. 5).
Q: What are the reliefs the court may grant to the plaintiff In a citizen suit?
ANS: The court may grant to the plaintiff proper reliefs which shall include the
protection, preservation or rehabilitation of the environment and the payment of
attorney's fees, costs of suit and other litigation expenses. It may also require the
violator to submit a program of rehabilitation or restoration of the environment, the costs
of which shall be borne by the violator, or to contribute to a special trust fund for that
purpose subject lo the control of the court (A M. No. 09-6-8-SC, Rule 5. Sec. 1).
Q: May a party recover damages in a citizen suit?

ANS: No damages can be awarded in a citizen suit (SC Annotations, supra at 128).
Q: What is the remedy of a person who wishes to recover damages in a citizen

suit?
ANS: The only recourse of a party or person who wishes to recover damages for injury
suffered is lo file a separate action for the purpose (SC Annotations, supra at 128).
Q: What are the rules with respect to judgments granting Environmental

Protection Order?
ANS: Any judgment directing the performance of acts for the protection, preservation
or rehabilitation of the environment shall be executory pending appeal unless restrained
by the appellate court (Rules on Environmental Cases, Rule 5. Sec. 2).
Q: How may the aggrieved party stay the execution of the judgment?
ANS: The appellate court can issue a TRO to restrain the execution of the judgment
and should the appellate court act with grave abuse of discretion in refusing to act on
the application for a TRO, a petition for certiorari under Rule 65 can be brought before
the Supreme Court (SC Annotations, supra at 129).
Note: Executory judgments pending appeal may not be stayed by the posting of a bond
under Rule 39 of the Rules of Court because the sole remedy lies with the appellate
court (SC Annotations, supra at 128 - 129).
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PERMANENT ENVIRONMENTAL PROTECTION ORDER; WRIT OF CONTINUING

MANDAMUS
Q: What Is an Environmental Protection Order?
ANS: An Environmental Protection Order (EPO) refers to an order issued by the court
directing or enjoining any person or government agency to pel form or desist from
performing an act in order to protect, preserve or rehabilitate the environment (Rules on
Environmental Cases. Rule 1, Sec. 4).
Q: May the court convert a TEPO into a permanent EPO or Writ of Continuing
Mandamus?
ANS: Yes. In the judgment, the court may convert the TEPO to a permanent EPO or
issue a writ of continuing mandamus directing the performance of acts which shall be
effective until the judgment is fully satisfied (Rules on Environmental Cases, Rule 5,
Sec. 3).
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION

Q: When is an action considered a SLAPP?
ANS: Strategic Lawsuit Against Public Participation (SLAPP) refers to:
1. An action whether civil, criminal or administrative;
2. Brought against any person, institution or any government agency or local
government unit or its officials and employees: and
3. With the intent lo harass, vex, exert undue pressure or stifle any legal
recourse that such person, institution or government agency has taken or
may take in the enforcement of environmental laws, protection of the
environment or assertion of environmental rights (Rules on Environmental
Cases, Rule 1, Sec. 4).
Q: How is SLAPP alleged as a defense in a civil case?

ANS: The defendant may Gle an answer interposing as an affirmative defense that the
case is a SLAPP and shall be supported by documents, affidavits, papers and other
evidence; and, by way of counterclaim, pray for damages, attorney’s fees and costs of
suit (Rules on Environmental Cases. Rule 6, Sec. 2) (SC Annotations, supra al 131).
Q: How is SLAPP alleged as a defense In a criminal case?

ANS: Upon the filing of an information in court and before arraignment, the accused
may file a motion to dismiss on the ground that the criminal action is a SLAPP (Rules on
Environmental Cases. Rule 19, Sec. 1).
Q: What is the quantum of evidence required on the part of the opposing parties?
ANS: The quantum of evidence required are as follows:
By substantial evidence that his act for the enforcement

of environmental law is a legitimate action for the
protection, preservation and rehabilitation of the
environment.
By preponderance of evidence that the aclion is not a
SLAPP and is a valid claim.
(Rules on Ei Cases. Rule 6. Sec. 3).
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C. SPECIAL PROCEEDINGS
WRIT OF KALIKASAN
Q: What is a Writ of Kalikasan!
ANS: The Writ of Kalikasan is a special remedy available against an unlawful act or
omission of a public official or employee, or private individual or entity, involving
environmental damage of such magnitude as lo prejudice Ihe life, health or property of
inhabitants in two or more cities or provinces (SC Annotations, supra at 133-134).
Q: Who may avail the Writ of Kalikasan!

ANS: The Writ of Kalikasan is available to
1. A natural or juridical person,
2. Entity authorized by law,
3. People's organization,
4. Non-governmental organization.
5. Or any public interest group accredited by or registered with any
government agency, on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated or threatened wilh violation by an
unlawful act or omission of a public official or employee; or
6. Private individual or entity, involving environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two or
more cities or provinces (Rules on Environmental Cases. Rule 7. Sec. 1).
Q: What are the requisites for issuance of Writ of Kalikasan!

ANS: For a writ of kalikasan to issue, the following requisites must concur:
1. There is an actual or threatened violation of the constitutional right to a
balanced and healthful ecology;
2. The actual or threatened violation arises from an unlawful act or omission of
a public official or employee, or private individual or entity; and
3. The actual or threatened violation involves or will lead to an environmental
damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces (Segovia et.al. v. The Climate
Change Commission, G.R. No. 211010, March 7. 2017).
Q: What are the facts that the petitioner must prove in a Writ of Kalikasan!
ANS: In a Writ of Kalikasan petitioner has the burden to prove:
1. The environmental law, rule or regulation violated or threatened to be
violated;
2. The act or omission complained of; and
3. The environmental damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more cities or provinces (LNL
Archipelago Minerals. Inc. v. Agham Party List. G.R. No. 209165, April 12
2016).
Q: Where must a petition for the issuance of the Writ of Kalikasan be filed?
ANS: The petition for Writ of Kalikasan shall be filed with the Supreme Court or wilh
any of the stations of the Court of Appeals (Rules on Environmental Cases, Rule 7. Sec.
3).
Q: What is the rule with regards to the payment of docket fees?

ANS: The petitioner shall be exempt from the payment of docket fees (Rules on
Environmental Cases, Rule 7, Sec. 4).
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Q: How is a Writ of Kalikasan served?

ANS: The writ shall be served upon the respondent by a court officer or any person
deputized by the court, who shall retain a copy on which to make a return of service. In
case the writ cannot be served personally, the rule on substituted service shall apply
(Rules on Environmental Cases, Rule 7, Sec. 6).
Q: What are the reliefs that may be granted under the Writ of Kalikasan?
ANS: The reliefs that may be granted under the writ are the following:
1. Directing respondent to permanently cease and desist from committing acts
or neglecting the performance of a duty in violation of environmental laws
resulting in environmental destruction or damage;
2. Directing the respondent public official, government agency, private person
or entity to protect, preserve, rehabilitate or restore the environment;
3. Directing the respondent public official, government agency, private person
or entity to monitor strict compliance with the decision and orders of Ihe
court;
4. Directing the respondent public official, government agency, or private
person or entity to make periodic reports on the execution of the final
judgment; and
5. Guch other reliefs which relate lo the light ol the people to a balanced and
healthful ecology or to the protection, preservation, rehabilitation or
restoration of the environment, except the award of damages to
individual petitioners (Rules on Environmental Cases, Rule 7, Sec. 15).
Q: When may the appeal to the Supreme Court in Writ of Kalikasan cases?
ANS: Within 15 days from the date of notice of the adverse judgment or denial ol
motion for reconsideration, any party may appeal to the Supreme Court under Rule 45
of the Rules of Court (Rules on Environmental Cases. Rule 7, Sec. 16).
Note: The appeal may raise questions of fact (Rules on Environmental Cases. Rule 7,
Sec. 16).
Q: May separate actions be instituted during the pendency of a petition for the
issuance of the Writ of Kalikasan?
ANS: Yes. The filing of a petition for the issuance of the writ of kalikasan shall not
preclude the filing of separate civil, criminal or administrative actions (Rules on

Q: What are the prohibited pleadings and motions in a Writ of Kalikasan?
ANS: The following pleadings and motions are prohibited:
1. Motion to dismiss;
2. Motion for extension of time to file return;
3. Motion for postponement;
5. Counterclaim or cross-claim;
6. Third-party complaint;
7. Reply; and
8. Motion to declare respondent in default (Rules on Environmental Cases,
Rule 7, Sec. 9).
DISCOVERY MEASURES
Q: What are the discovery measures available to a Writ of Kalikasan?
ANS: A party may file a verified motion for the following reliefs:
1. Ocular Inspection;
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" Volumo II | Serios of 2020/21
2. Production or inspection of documents or things (Rules on Environmental

Cases, Rule 7, Sec. 12);
3. Deposition pending action upon oral or written interrogatories (RROC, Rule
23, Sec. 1);
4. Deposition before action (RROC, Rule 24. Sec. 1);
5. Deposition pending appeal (RROC, Rule 24, Sec. 7);
6. Interrogatories (RROC, Rule 25, Sec. 1);
7. Request for Admission (RROC, Rule 26. Sec. 1);
8. Production or inspection of documents or things (RROC, Rule 27, Sec. 1); and
9 Physical and Mental Examination of Persons (RROC. Rule 28. Sec. 1).
Q: What must a verified motion state in order to avail of an order for ocular
inspection?
ANS: The motion must show that an ocular inspection order is necessary to establish
the magnitude of the violation or the threat as to prejudice the life, health or property of
inhabitants in two or more cities or provinces. It shall state in detail the place or places
to be inspected It shall be supported by affidavits of witnesses having personal
knowledge of the violation or threatened violation of environmental law (Rules on
Environmental Cases. Rule 7. Sec. 12. par. A).
Q: What must a verified motion contain in order to avail of an order for production
or inspection of documents or things in a Writ of Kaliltasan?
ANS: The motion must show that a production order is necessary to establish Ihe
magnitude nf the violation or the threat as lo prejudice the life, health or property of
inhabitants In two or more cities or provinces (Rules on Environmental Cases. Rule 7,
Sec. 12. par B).
WRIT OF CONTINUING MANDAMUS

Q: What is a Continuing Mandamus?
ANS: A Continuing Mandamus is a writ issued by a court in an environmental case
directing any agency or instrumentality of Ihe government or officer thereof to perform
an act or series of acts decreed by final judgment which shall remain effective until
judgment is fully satisfied (Rules on Environmental Cases. Rule 1, Sec. 4).
Q: What are the ground for the issuance of a Writ for Continuing Mandamus?
ANS: The person aggrieved may file a verified petition for continuing mandamus in the
proper court:
1. When any agency or instrumentality of the government or officer thereof
unlawfully neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust or station in connection with
Ihe enforcement or violation of an environmental law rule or regulation or a
right therein; or
2. Unlawfully excludes another from the use or enjoyment of such right; and
3 There is no other plain, speedy and adequate remedy in the ordinary course
of law (Rules on Environmental Cases, Rule 8, Sec. 1).
Q: In which court should a Petition for Continuing Mandamus be filed?

ANS: The petition shall be filed with the Regional Trial Court exercising jurisdiction
over the territory where the actionable neglect or omission occurred or with the Court of
Appeals or Ihe Supreme Court (Rules on Environmental Cases. Rule 8. Sec. 2).
Q: Are docket fees required for a petition for Continuing Mandamus?

ANS: The petitioner shall be exempt from the payment of docket fees (Rules on
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Q: What reliefs may the court grant under the privilege of the writ of continuing
mandamus?
ANS: If warranted, the court shall grant:
1. The privilege of the writ of continuing mandamus requiring respondent to
perform an act or scries of acts until the judgment is fully satisfied;
2. Such other reliefs as may be warranted resulting from the wrongful or illegal
acts of the respondent; and
3. Require the respondent to submit periodic reports detailing the progress and
execution of the judgment (Rules on Environmental Cases, Rule 8. Sec. 7).
Note: The petitioner may submit its comments or observations on the execution of the
judgment (Rules on Environmental Cases, Rule 8, Sec. 7).
Q: When shall the satisfaction of judgment be entered in court dockets?

ANS: Upon full satisfaction of Ihe judgment, a final return of the writ shall be made lo
the court by the respondent. If the court finds that the judgment has been fully
implemented, the satisfaction of judgment shall be entered in the court docket (Rules on
Q: State the differences between a Writ of Continuing Mandamus and Writ of

Kalikasan.
WRIT OF CONTINUING MANDAMUS vs. WRIT OF KALIKASAN
| Writ of Continuing Mandamus
Subject Is directed against: Available against an unlawful act

matter The unlawful neglect in the or omission of a public official or
performance of an act which employee, or private individual or
the law specifically enjoins as a entity, involving environmental
duly resulting from an office, damage of such magnitude as to
trust or station in connection prejudice the life, health or
with the enforcement or property of inhabitants in two or
violation of an environmental more cities or provinces
law rule or regulation nr a right
therein; or
The unlawfully exclusion of
another from the use or
enjoyment of such right and in
both instances, there is no
other plain, speedy and
adequate remedy in the
ordinary course of law.
Who may Available only to one who is Available to a broad range of
file personally aggrieved by the persons such as natural or
unlawful act or omission. juridical person, entity authorized
by law. people’s organization,
non-governmental organization,
or any public interest group
accredited by or registered with
any government agency, on
behalf of persons whose right loa
balanced and healthful ecology is
violated or threatened lo be
violated.
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*■ Volume II | Serios of 2020/21
Writ of Kalikasan
Respondent: Only Ihe government or its officers. May be a private individual or

entity.
Venue 1. The Regional Trial Court Only be filed the in Supreme

exercising jurisdiction over the Court or any of the stations of the
territory where the actionable Court of Appeals.
neglect or omission occurred:
2. The Court of Appeals; or
3. The Supreme Court.
Discovery Does not contain any provision for Incorporates the procedural
measures discovery measures. environmental right of access to
information through the use of
discovery measures such as
ocular inspection order and
production order.
Damages Allows damages for the malicious No damages may be awarded in

neglect of the performance of the a petition for the issuance of a
injury legal duty of the respondent, Writ of Kalikasan consistent with
identical to Rule 65. Rules of Court. the public-interest character of
the petition.
(SC Annotations, supra at 142 - 144).
D. CRIMINAL PROCEDURE
Q: Who is a special prosecutor under the Rules of Procedure for Environmental
Cases?
ANS: In criminal cases, where there is no private offended party, a counsel whose
services are offered by any person or organization may be allowed by the court as
special prosecutor, with the consent of and subject to the control and supervision of the
public prosecutor (Rules on Environmental Cases. Rule 9. Sec. 3).
Q: What Is the effect of the institution of a criminal action on the civil action for
recovery of civil liability?
ANS: As a general rule, when a criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged, shall be deemed instituted with
the criminal action unless:
1. The complainant waives the civil action;
2. Reserves the right to institute it separately; or
Note: the reservation of the right to institute separately the civil action shall
be made before the prosecution starts presenting its evidence and under
circumstances affording the offended party a reasonable opportunity to
make such reservation (RROC. Rule 111. Sec. 1).
3. Institutes the civil action prior to the criminal action (Rules on Environmental
Cases. Rule 10. Sec. 1).
Note: if the criminal action is filed after the said civil action has already been
instituted, the latter shall be suspended in whatever stage it may be found
before judgment on the merits (RROC, Rule 111. Sec. 2).
Q: When may an arrest without warrant be made under the Rules of Procedure for
Environmental Cases?
ANS: A peace officer or an individual deputized by the proper government agency
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may, without a warrant, arrest a person:

1. When, in his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense; or
2. When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that Ihe
person to be arrested has committed it.
Note: Individuals deputized by the proper government agency who are enforcing
environmental laws shall enjoy the presumption of regularity when effecting arrests for
violations of environmental laws (Rules on Environmental Casos, Rule 11. Soc. 1).
Q: What are the duties of the court before granting the application for bail?
ANS: Before granting the application for bail, the judge must read the information in a
language known to and understood by the accused and require the accused to sign a
written undertaking, as follows:
1. To appear before the court that issued the warrant of arrest for arraignment
purposes on the date scheduled, and if the accused fails to appear without
justification on the date of arraignment, accused waives the reading of ihe
information and authorizes the court to enter a plea of not guilty on behalf of
the accused and to set the case for trial;
2. To appear whenever required by the court where the case is pending; and
3. To waive the right uf the accused lu be present at the trial, and upon failure
of the accused to appear without justification and despite due notice, Ihe trial
may proceed in absentia (Rules on Environmental Cases. Rule 14, Sec. 2).
Q: What are the duties of the court during the pre-trial?

ANS: During the pre-trial, the court shall: (OMS-F-TWO)
1. Place the parties and their counsels under Oath.
2. Adopt (he Minutes of the preliminary conference as part of the pre-trial
proceedings, confirm markings of exhibits or substituted photocopies and
admissions on the genuineness and due execution of documents, and list
object and testimonial evidence;
3. Scrutinize the information and the statements in Ihe affidavits and other
documents which form part of the record of Ihe preliminary investigation
together with other documents identified and marked as exhibits lo
determine further admissions of facts as to:
a. The court's territorial jurisdiction relative lo the offense(s) charged;
b. Qualification of expert witnesses; and
c. Amount of damages;
4. Define Factual and legal issues;
5. Ask parties to agree on the specific Trial dales and adhere to Ihe flow chart
determined by the court which shall contain the time frames for the different
stages of the proceeding up lo promulgation of decision;
6. Require the parties to submit to the branch clerk of court the names,
addresses and contact numbers of Witnesses that need lo be summoned by
subpoena; and
7. Consider modification of Order of trial if the accused admits the charge bul
interposes a lawful defense (Rules on Environmental Cases. Rule 16. Sec. 3).
Q: How may subsidiary liability be enforced by the courts in applicable cases?

ANS: In case of conviction of the accused and subsidiary liability is allowed by law, the
court may, by motion of the person entitled lo recover under judgment, enforce such
subsidiary liability against a person or corporation subsidiary liable under Article 102 and
Article 103 of the Revised Penal Code (Rules on Environmental Cases, Rule 18, Sec.
ijBEDAN RED BOOK
® Volume It | Sofioo of 2020/21
E. EVIDENCE
Q: What is the Precautionary Principle?
ANS: Precautionary principle stales that when human activities may lead to threats of
serious and irreversible damage to the environment thal is scientifically plausible but
uncertain, actions shall be taken to avoid or diminish that threat (Rules on
Environmental Cases, Rule 1, Sec. 4, par. f).
Q: What are the standards in applying the Precautionary Principle?

ANS: In applying the precautionary principle, the following factors, among others, may
be considered:
1. Threats to human life or health;
2. Inequity lo present or future generations; or
3 Prejudice to the environment without legal consideration of the
environmental rights of those affected (Rules on Environmental Cases. Rule
20, Sec. 2).
Q; How are photographs and videos authenticated under the Rules on

Environmental Cases?
ANS: Photographs, videos and similar evidence of events, acts, transactions of wildlife,
wildlife by-products or derivatives, forest products or mineral resources subject of a case
shall be admissible when authenticated by:
1. The person who took the same,
2. Some other person present when said evidence was taken; or
3. Any other person competent to testify on the accuracy thereof (Rules on
Environmental Cases. Rule 21, Sec. I).
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A. TYPES OF PROCESSES AND PROCEDURES IN ALTERNATIVE DISPUTE
RESOLUTION; COMPARISON WITH COURT-ANNEXED MEDIATION
Q: What is Alternative Dispute Resolution System?
ANS: "Alternative Dispute Resolution System" means any process or procedure used
to resolve a dispute or controversy, other than by adjudication of a presiding judge of a
court or an officer of a government agency, as defined in this Act, in which a neutral
third party participates to assist in Ihe resolution of issues, which includes arbitration,
mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof
(R.A. No. 9285. otherwise known as "ALTERNATIVE DISPUTE RESOLUTION ACT OF
2004.“, Sec. 3. par. A).
Q: What is arbitration?
ANS: Arbitration means a voluntary dispute resolution process in which one or more
arbitrators, appointed in accordance with the agreement of the parties, or rules
promulgated pursuant to this Act. resolve a dispute by rendering an award (R.A. No.
9285, Sec. 3. par. D).
Q: What is commercial arbitration?

ANS: An arbitration is commercial if it covers matter arising from all relationships of a
commercial nature, whether contractual or not (R.A. No. 9285. Sec. 3. par. G).
Q: What Is mediation?
ANS: Mediation means a voluntary process in which a mediator, selected by the
disputing parties, facilitates communication and negotiation, and assist Ihe parties in
reaching a voluntary agreement regarding a dispute (R.A. No. 9285. Sec. 3. par. Q).
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Q: What is a Mediation-Arbitration?
ANS: Mediation-Arbitration or Med-Arb is a step dispute resolution process involving
both mediation and arbitration (R.A. No. 9285. Sec. 3, par. G).
Q; What is a mini-trial?
ANS: A Mini-Trial moans a structured dispute resolution method in which the merits ul
a case are argued before a panel comprising senior decision makers with or without the
presence of a neutral third person after which the parties seek a negotiated settlement
(R.A. No. 9285. Sec. 3. par. U).
Q: What is a court-annexed mediation?

ANS: A Court-Annexed Mediation means any mediation process conducted under Ihe
auspices of the court, after such court has acquired jurisdiction of the dispute (R.A. No.
9285. Sec. 3, par. I).
B. DOMESTIC ARBITRATION
Q: When is arbitration considered international?
ANS: An arbitration is international if;
1. The parties to an arbitration agreement have, at the time of the conclusion
of that agreement, their places of business in different States;
2. One of the following places is situated outside the State in which the parties
have their places of business;
a The place of arbitration if determined in, or pursuant to, tho arbitration
agreement;
b. Any place where a substantial part of the obligations of the commercial
relationship is to be performed or the place with which the subject-
matter of the dispute is most closely connected, or
3. The parties have expressly agreed that the subject matter of the arbitration
agreement relates to more than one country (UNCITRAL Model Law on
International Commercial Arbitration, Art. 1, par. 3).
Q: When is arbitration considered domestic?

ANS: The term "domestic arbitration" shall mean an arbitration that is not international
as defined UNCITRAL Model Law (R A. No. 9285, Sec. 32).
C. JUDICIAL REVIEW OF ARBITRAL A WARDS

Q: Do arbitral tribunals exercise quasi-judicial powers?
ANS: No. The arbitral tribunal acquires jurisdiction over the parties and the subject
matter through stipulation. Simply put, an arbitral tribunal is a creature of contract.
Quasi-judicial power is only exercised by administrative agencies - legal organs of the
government. In other words, quasi-judicial bodies are creatures of law (Freuhal
Electronics PHL Corp. v. Technology Electronics Assembly and Management Pacific
Corp., G.R. No. 204197, November 23. 2016).
Q: What is the reason why arbitral awards may not be appealed to the courts?
ANS: In arbitration, there is an absence of an effective appeal mechanism. The errors
of an arbitral tribunal are not subject to correction by the judiciary. As a private
alternative lo court proceedings, arbitration is meant to be an end. not the beginning, of
litigation. Thus, the arbitral award is final and binding on the parties by reason of their
contract - the arbitration agreement (Freuhaf Electronics PHL Corp. v. Technology
Electronics Assembly and Management Pacific Corp., G.R. No. 204197, November 23.
1
IjlBEDAN RED BOOK
U Volume II | Series of 2020/21
Note: The term "Voluntary Arbitrator" does nol refer to an ordinary "arbitrator." It is a
technical term with a specific definition under the Labor Code. It is a quasi-judicial body
(Freuhaf Electronics PHL Corp. v. Technology Electronics Assembly and Management
Pacific Corp., G.R. No. 204197, November 23, 2016).
Q: What are the grounds the court may not use to set aside arbitral awards?
ANS: The court shall not set aside or vacate the award of the arbitral tribunal merely on
Ihe ground that the arbitral tribunal committed errors of fact, or of lav/, or of fact and lav/,
as the court cannot substitute its judgment for that of the arbitral tribunal (A.M. No. 07-
11-09-SC, or Special Rules of Court on Alternative Dispute Resolution, Rule 19.10)
(hereinafter Special ADR Rules).
Q: What is the reason why arbitral awards may not be assailed through a special
civil action for certiorari?
ANS: A losing party is precluded from resorting to certiorari under Rule 65 of the Rules
of Court. Certiorari is a prerogative writ designed to correct errors of jurisdiction
committed by a judicial or quasi-judicial body. Because an arbitral tribunal is not a
government organ exercising judicial or quasi-judicial powers, it is removed from the
ambit of Rule 65 (Freuhaf Electronics PHL Corp. v. Technology Electronics Assembly
and Management Pacific Corp.. G.R. No. 204197. November 23, 2016)
Q: In what instances may courts intervene in cases involving arbitral awards?

ANS: Courts shall intervene only in Ihe cases allowed by law or the Special ADR
Rules. The Special ADR Rules are a self-contained body of rules. The parties cannot
invoke remedies and other provisions from the Rules of Court unless they were
incorporated in the Special ADR Rules (Freuhaf Electronics PHL Corp. v. Technology
Electronics Assembly and Management Pacific Corp., G.R. No. 204197, November 23,
2016).
Q: What is the scope of judicial action on arbitral awards?

ANS: As a general rule, Ihe court can only enforce, or it can vacate or set aside the
decision of an arbitral tribunal upon a clear showing that the award suffers from any of
the infirmities or grounds for vacating an arbitral award under Section 24 of Republic Act
No. 876 or under Rule 34 of the Model Law in a domestic arbitration, or for setting aside
an award in an international arbitration under Article 34 of the Model Law, or for such
other grounds provided under these Special Rules (Special ADR Rules. Rule 19.10).
Q: When may the court entertain a petition to set aside an arbitral award upon a
ground other than those in the Special ADR Rules?
ANS: The court may entertain a petition to set aside an arbitral award upon a ground
other than those in the rules only as an exception. If the Regional Trial Court is asked lo
set aside an arbitral award in a domestic or international arbitration on any ground other
than those provided in the Special ADR Rules, the court shall entertain such ground for
the setting aside or non-recognition of the arbitral award only if the same amounts to a
violation of public policy (Special ADR Rules. Rule 19.10).
Q: When is an arbitral award considered as amounting to a violation of public

policy?
ANS: The illegality or immorality of the award must reach a certain threshold such that,
enforcement of the same would be against Our State's fundamental tenets of justice and
morality, or would blatantly be injurious to the public, or the interests of the society. Mere
errors in the interpretation of the law or factual findings would not suffice to warrant
refusal of enforcement under the public policy ground (Mabuhay Holdings Corp v.
Sembcorp Logistics Ltd., G.R. No. 212734. December 5, 2018).
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Q: In domestic arbitration, what is the period for filing a petition to confirm an

arbitral award?
ANS: At any time after the lapse of 30 days from receipt by the petitioner of the arbitral
award, he may petition the court to confirm that award (Special ADR Rules. Rule 11.2).
Note: A petition to confirm the arbitral award may be filed, in opposition to a petition to
vacate the arbitral award, al any time after the petition to vacate such arbitral award is
filed (Special ADR Rules, Rule 11.2).
Q: What is the period for filing a petition to vacate a domestic arbitral award?
ANS: Not later than 30 days from receipt of Ilie aibitral award, a party may petition Ihe
court to vacate that award. A petition to vacate the arbitral award filed beyond Ihe
reglemenlary period shall be dismissed (Special ADR Rules. Rule 11.2, par. D).
Note: The filing of a petition to confirm an arbitral award shall not authorize the filing of
a belated petition to vacate or set aside such award in opposition thereto (Special ADR
Rules. Rule 11.2, par. F).
Q: What are the grounds fpr vacating domestic arbitral awards?

ANS: In any one of the following cases, the court must make an order vacating Ihe
award upon the petition of any party to the controversy when such party proves
affirmatively that in the arbitration proceedings:
1. The arbitral award was procured through corruption, fraud or other undue
means;
2. There was evident partiality or corruption in the arbitral tribunal or any of ils
members;
3. The arbitral tribunal was guilty of misconduct or any form of misbehavior Ihat
has materially prejudiced the rights of any parly such as refusing lo
postpone a hearing upon sufficient cause shown or to hear evidence
pertinent and material lo the controversy;
4. One or more of the arbitrators was disqualified to act as such under the law
and willfully refrained from disclosing such disqualification;
5. The arbitral tribunal exceeded its powers, or so imperfectly executed them,
such that a complete, final and definite award upon ihe subject matter
submitted to them was not made;
6. The arbitration agreement did not exist, or is invalid for any ground for Ihe
revocation of a contract or is otherwise unenforceable; or
7. A party to arbitration is a minor or a person judicially declared to be
incompetent (Special ADR Rules. Rule 1 7.4, par. A).
Q: What is the period for filing a petition to correct or modify a domestic arbitral
award?
ANS: Nol later than 30 days from receipt of the arbitral award, a parly may petition Ihe
court to correcl/modify that award (Special ADR Rules, Rule 11.2, par. B).
Q: What are the grounds for modifying or correcting domestic arbitral award?
ANS: In any one of ihe following cases, the court must make an order modifying or
correcting the award, upon Ihe application of any party to the controversy which was
arbitrated:
1. Where there was an evident miscalculation of figures or an evident mistake
in the description of any person, thing or property referred to in the award;
2. Where the arbitrators have awarded upon a matter not submitted to them,
not affecting the merits of the decision upon the matter submitted;
3. Where the arbitrators have omitted lo resolve an issue submilled to them for
resolution; or
4. Where the award is imperfect in a matter of form not affecting ihe merits of
the controversy, and if it had been a commissioner's report, the defect could
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have been amended or disregarded by the Court (Special ADR Rules, Rule
11.4, par. B).
D. APPEAL FROM COURT DECISIONS ON ARBITRAL AWARDS

Q: What orders of the RTC are appealable through a petition for review with the CA?
ANS: An appeal to the Court of Appeals through a petition for review under this Special
Rule shall only be allowed from the following final orders of the Regional Trial Court:
1. Granting or denying an interim measure of protection;
2. Denying a petition for appointment of an arbitrator;
3. Denying a petition for assistance in taking evidence;
4. Enjoining or refusing to enjoin a person from divulging confidential
information;
5. Confirming, vacating or correcting/modifying a domestic arbitral award;
6. Setting aside an international commercial arbitration award;
7. Dismissing the petition to set aside an international commercial arbitration
award even if the court does not decide to recognize or enforce such award;
8. Recognizing and/or enforcing an international commercial arbitration award;
9. Dismissing a pRtitinn In RnfnrcR an international commercial arbitration
award;
10. Recognizing and/or enforcing a foreign arbitral award;
11. Refusing recognition and/or enforcement of a foreign arbitral award;
12. Granting or dismissing a petition to enforce a deposited mediated settlement
agreement; and
13. Reversing the ruling of the arbitral tribunal upholding its jurisdiction {Special
ADR Rules, Rule 19.12).
Q: How may appeal be taken in court decisions affecting arbitral awards?

ANS: The petition for review shall be filed within 15 days from notice of the decision of
Ihe Regional Trial Court or the denial of the petitioner's motion for reconsideration
(Special ADR Rules, Rule 19.14).
Q: When shall the CA require the party appealing from the decision or final order
of RTC to post bond?
ANS: The Court of Appeals shall within 15 days from receipt of the petition require the
party appealing from the decision or a final order of the Regional Trial Court, either
confirming or enforcing an arbitral award, or denying a petition to set aside or vacate the
arbitral award to post a bond executed in favor of the prevailing party equal to the
amount of Ihe award (Special ADR Rules, Rulo 19.25).
Note: Failure of Ihe petitioner to post such bond shall be a ground for the Court of
Appeals to dismiss the petition (Special ADR Rules. Rule 19.25).
Q: Will the filing of an appeal before the CA stay the judgment of the RTC?
ANS: No. The appeal shall not stay the award, judgment, final order or resolution
sought to be reviewed unless the Court of Appeals directs otherwise upon such terms
as it may deem just (Special ADR Rules, Rule 19.22).
Q: What shall be the duty of the CA if the decision of the Regional Trial court
subject of the appeal is premised on a finding of fact?
ANS: If Ihe decision of Ihe Regional Trial Court refusing to recognize and/or enforce,
vacating and/or setting aside an arbitral award is premised on a finding of fact, the Court
of Appeals may inquire only into such fact lo determine the existence or non-existence
of Ihe specific ground under the arbitration laws of the Philippines relied upon by the
Regional Trial Court to refuse to recognize and/or enforce, vacate and/or set aside an
award {Special ADR Rules, Rule 19.24).
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Note: Any such inquiry into a question of fact shall not be resorted to for the purpose of
substituting the court's judgment for that of the arbitral tribunal as regards the latter’s
ruling on the merits of the controversy (Special ADR Rules, Rule 19.24).
Q: On what grounds may a party file an appeal by certiorari to the Supreme Court?
ANS: The following, while neither controlling nor fully measuring the court's discretion,
indicate the serious and compelling, and necessarily, restrictive nature of the grounds
that will warrant the exercise of the Supreme Court’s discretionary powers, when the
Court of Appeals:
1. Failed to apply the applicable standard or test for judicial review prescribed
in these Special ADR Rules in arriving at its decision resulting in substantial
prejudice to the aggrieved party;
2. Erred in upholding a final order or decision despite the lack of jurisdiction of
the court that rendered such final order or decision;
3. Failed to apply any provision, principle, policy or rule contained in these
Special ADR Rules resulting in substantial prejudice to the aggrieved party,
and
4. Committed an error so egregious and harmful to a party as to amount loan
undeniable excess of jurisdiction (Special ADR Rules, Rule 19.36).
Note: The mere fact that the petitioner disagrees with the Court of Appeals'
determination of questions of fact, of law or both questions of fact and law, shall not
warrant the exercise of the Supreme Court's discretionary power. The error imputed lo
the Court of Appeals must be grounded upon any of the above prescribed grounds for
review or be closely analogous thereto (SpecialADR Rules, Rule 19.36).
Q: Within what period may a petition for review be filed before Supreme Court?
ANS: The petition shall be filed within 15 days from notice of the judgment or final
order or resolution appealed from, or of the denial of the petitioner's motion for new trial
or reconsideration filed in due time after notice of the judgment (Special ADR Rules,
Rule 19.38).
Q: When may the Supreme Court extend the period within which to file the
petition for review?
ANS: The Supreme Court may for justifiable reasons grant an extension of 30 days
only within which to hie the petition:
1. On motion duly filed and served;
2. With full payment of the docket and other lawful fees; and
3. The deposit for costs before the expiration of the reglementary period
E. VENUE AND JURISDICTION

Q: Which court has the jurisdiction for enforcement of arbitration agreement or
for vacation or setting aside of domestic arbitral award?
ANS: The petition for confirmation, correction/modification or vacation of a domestic
arbitral award may be filed with Regional Trial Court having jurisdiction over the place:
1. In which one of the parties is doing business;
2. Where any of the parties reside; or
3. Where arbitration proceedings were conducted (Special ADR Rules, Rule
11.3).
Q: Which court has the jurisdiction for enforcement of arbitration agreement or

for vacation or setting aside of international commercial arbitral award?
ANS: Proceedings for recognition and enforcement of an arbitration agreement or for
vacation, setting aside, correction or modification of an arbitral award, and any
application with a court for arbitration assistance and supervision shall be deemed as
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special proceedings and shall be filled with the Regional Trial Court:
1. Where arbitration proceedings are conducted;
2. Where the asset to be attached or levied upon, or the act to be enjoined is
located;
3 Where the act to be enjoined will be or is being performed;
4. Where any of the parties to the dispute resides or has his place of business;
or
5. In the National Judicial Capital Region, at the option of the applicant
{Special ADR Rules, Rule 12.3).
Q: Which court has tho jurisdiction for enforcement of a foreign arbitral award?
ANS: The petition to recognize and enforce a foreign arbitral award shall be filed, at the
option of the petitioner, with the Regional Trial Court
1 Where the assets to be attached or levied upon is located;
2. Where the act to be enjoined is being performed:
3. In the principal place of business in the Philippines of any of the parlies;
4. If any of the parties is an individual, where any of those individuals resides;
or
5. In the National Capital Judicial Region (Special ADR Rules. Rule 13.3).
F. SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE RESOLUTION

SUBJECT MATTER
Q: What arc the cases falling under the Special Rules of Court on ADR?
ANS: The Special Rules of Court on Alternative Dispute Resolution shall apply lo and
govern the following cases:
1. Relief on Ihe issue of Existence. Validity, or Enforceability of the Arbitration
Agreement;
2. Referral to Alternative Dispute Resolution ("ADR");
3. Interim Measures of Protection;
4. Appointment of Arbitrator;
5. Challenge to Appointment of Arbitrator;
6. Termination of Mandate of Arbitrator;
7. Assistance in Taking Evidence;
8 Confirmation, Correction or Vacation of Award in Domestic Arbitration;
9. Recognition and Enforcement or Setting Aside of an Award in International
Commercial Arbitration;
10. Recognition and Enforcement of a Foreign Arbitral Award;
11. Confidentiality/Proleclive Orders; and
12. Deposit and Enforcement of Mediated Settlement Agreements (Special ADR
Rules. Rule 1.1).
SUMMARY PROCEEDINGS IN CERTAIN CASES

Q: What is the nature of the proceedings under the Special Rules of Court on ADR?
ANS: All proceedings under the Special ADR Rules are special proceedings (Special
Q: What are the summary proceedings falling under the Special Rules of Court on
ADR?
ANS: The proceedings in the following instances are summary in nature:
1. Judicial Relief Involving the Issue of Existence, Validity or Enforceability of
the Arbitralion Agreement;
2. Referral to ADR;
3. Interim Measures of Protection;
4. Appointment of Arbitrator;
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5. Challenge to Appointment of Arbitrator;

6. Termination of Mandate of Arbitrator;
7. Assistance in Taking Evidence;
8. Confidentiality/Protective Orders; and
9. Deposit and Enforcement of Mediated Settlement Agreements (Special ADR
Rules. Rule 1.3).
Q: How shall the respondent be notified of the proceedings against him in

summary proceedings?
ANS: The petitioner shall serve, either by personal service or courier, a copy of the
petition upon the respondent before the filing thereof. Proof of service shall be attached
to the petition filed in court (Special ADR Rules, Rule 1.3. par. A).
Q: How may service of petition In summary proceedings be proved?

ANS: For personal service, proof of service of the petition consists of the affidavit of the
person who effected service, stating the time, place and manner of the service on the
respondent. For service by courier, proof of service consists of the signed courier proof
of delivery (Special ADR Rules, Rule 1.3, par. A).
Note: If service Is refused or has failed, the affidavit or delivery receipt must stale the
circumstances of the attempted service and refusal or failure thereof (Special ADR
Rules, Rule 1.3, par. A).
PROHIBITED SUBMISSIONS
Q: What are the pleadings, motions, or petitions prohibited in cases falling under
the Special Rules of Court on ADR?
ANS: The following pleadings, motions, or petitions shall not be allowed in the cases
governed by the Special ADR Rules and shall not be accepted for filing by the Clerk of
Court:
1. Motion , to'dismiss;
2. Motion for bill of particulars;
3. Motion for new trial or for reopening of trial;
5. Motion for extension, except in cases where an ex parte temporary order of
protection has been issued;
6. Rejoinder lo reply;
7. Motion lo declare a party in default; and
0. Any other pleading specifically disallowed under any provision of tho Special
ADR Rules (Special ADR Rules, Rule 1.6).
Q: What is the effect if a court finds a pleading ora motion dilatory?

ANS: The court shall motu propho order a pleading/motion that it has determined lo be
dilatory in nature be expunged from the records (Special ADR Rules, Rule 1.6).
JUDICIAL RELIEF INVOLVING THE ISSUE OF EXISTENCE, VALIDITY AND

ENFORCEABILITY OF ARBITRATION AGREEMENTS
Q: What is an arbitration agreement?
ANS: An arbitration agreement is an independent contract whereby the parties agree
to submit their dispute tn an arbitrator (or tribunal) of their own choosing and be bound
by the latter’s resolution (Freuhaf Electronics phl Corp. v. Technology Electronics
Assembly and Management Pacific Corp., G.R. No. 204197, November 23, 2016).
Q: When shall be the remedy of judicial relief involving issues about arbitration
agreements available if the place of arbitration is a foreign country?
ANS: The remedy of judicial relief, whether resorted to before or after commencement
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of arbitration, shall apply only when the place of arbitration is in the Philippines (Special
Q: Will an arbitration agreement preclude the parties from seeking provisional

relief from the court?
ANS: No. Section 14 of Republic Act 876 allows any party to the arbitration to petition
Ihe court to take measures to safeguard and/or conserve any matter which is the subject
of the dispute in arbitration (Home Bankers Savings and Trust Co. v. CA, G.R. No.
115412. November 19. 1999). A party to an arbitration agreement may petition the court
for interim measures of protection (Special ADR Rules, Rule 5.1).
Note: The petitioner for judicial relief involving issues about the arbitration agreement
may also apply for an interim measure of protection under the Special ADR Rules 3.10
Q: When may a petition for judicial relief involving issues about arbitration
agreements be filed?
ANS: Before arbitration commences, the petition for judicial determination of Ihe
existence, validity and/or enforceability of an arbitration agreement may be filed at any
time prior to such commencement (Special ADR Rules, Rule 3.3). After such
commencement, the petition may be filed within 30 days after having received notice of
the ruling of the arbitral tribunal upholding or declining its jurisdiclion (Special ADR
Rules, Rule 3.12).
Q: Will filing for judicial relief against the arbitration agreement prevent or stay
any arbitration proceeding that may be, or may have been, commenced?
ANS: No. Despite the pendency of the petition provided herein, arbitral proceedings
may nevertheless be commenced and continue to the rendition of an award, while the
issue is pending before the courl (Special ADR Rules, Rule 3.3).
Q: May the court enjoin the arbitration proceedings while a petition for judicial
relief is pending?
ANS: No. the court shall not enjoin the arbitration proceedings during the pendency of
the petition. Judicial recourse to the court shall not prevent the arbitral tribunal from
continuing the proceedings and rendering Its award (Special ADR Rules, Rule 3.18).
Q: What are the grounds to assail the existence, validity and enforceability of
arbitration agreements?
ANS: The grounds may be that the arbitration agreement is invalid, inexistent or
unenforceable as a result of which the arbitral tribunal has no jurisdiclion to resolve the
dispute (Special ADR Rules, Rule 3.15).
Q: What should the petition for judicial relief contain?

ANS: The verified petition shall stale the following:
1. The facts showing that the persons named as petitioner or respondent have
legal capacity to sue or be sued;
2. The nature and substance of the dispute between the parties;
3. The grounds and the circumstances relied upon by Ihe petitioner to
establish his position; and
4. The relief/s sought; and
5. Apart from other submissions, the petitioner must attach to the petition an
authentic copy of the arbitration agreement (Special ADR Rules, Rule 3.16).
Note: If arbitration has already commenced, the court shall dismiss the petition if it fails
to comply wilh the requirements above; or if upon consideration of the grounds alleged
and the legal briefs submitted by Ihe parties, the petition does not appear to be prima
facie meritorious (Special ADR Rules, Rule 3.18).
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Q: How should courts construe arbitration clauses or agreements in determining

its existence?
ANS: Consistent wilh the policy of encouraging alternative dispute resolution methods,
courts should liberally construe arbitration clauses. As long as such clause is
susceptible of an interpretation that covers the asserted dispute, an order to arbitrate
should be granted and doubt should be resolved in favor of arbitration (LM Power
Engineering Corp. v. Capitol Industrial Construction Groups, Inc., G.R. No. 141B33,
March 26. 2003).
Q: What is the Principle of Separability?

ANS: The Special ADR Rules recognize the principle of separability of the arbitration
clause, which means that said clause shall be treated as an agreement independent ol
the other terms of the contract of which it forms part. A decision that the contract is null
and void shall not entail ipso jure the invalidity of the arbitration clause (Special ADR
Rules. Rule 2.2).
Q: What is the effect to the arbitration clause if the contract containing it is void?
ANS: An arbitration agreement which forms part of the main contract shall not be
regarded as invalid or non-existent just because the main contract is invalid or did nol
come Into existence, since the arbitration agreement shall be treated as a separate
agreement independent of the main contract. A contrary ruling would suggest that a
party's mere repudiation of the main contract is sufficient to avoid arbitration and that is
exactly Ihe situation that the separability doctrine sought to avoid (Cargill Philippines,
Inc. v. San Fernando Regala Trading, Inc.. G.R. No. 1/5404 January 31, 2011).
Q: What is the Principle of Competence-Competence?

ANS: The Special ADR Rules recognize the principle of competence-competence,
which means that the arbitral tribunal may initially rule on its own jurisdiction, including
any objections with respect to the existence or validity of the arbitration agreement or
any condition precedent to the filing of a request for arbitration (Special ADR Rules.
Rule 2.2).
Q: What is the proper court action if it is asked to rule upon issues affecting the
competence or jurisdiction of the arbitral tribunal to decide the dispute submitted
before it?
ANS: Pursuant lo the principle of competence-competence, when a court is asked to
rule upon issue/s affecting the competence or jurisdiction of an arbitral tribunal in a
dispute brought before it, either before or after the arbitral tribunal is constituted, Ihe
court must exercise judicial restraint and defer to the competence or jurisdiction of the
arbitral tribunal by allowing Ihe arbitral tribunal the first opportunity to rule upon such
issues (Special ADR Rules. Rule 2.4).
Q: What Is the proper court action if it is asked to determine whether the

arbitration agreement is null and void?
ANS: Pursuant to the principle of competence-competence, where the court is asked to
make a determination of whether the arbitration agreement is null and void, inoperative
or incapable of being performed, under this policy of judicial restraint, the court must
make no more than a prima facie determination of that issue (Special ADR Rules.
Rule 2.4). Otherwise. Ihe court shall continue with the judicial proceedings (SpecialADR
Rules. Rule 4.5).
Noto: Where a petition for judicial relief is after arbitration proceedings have
commenced, the court shall render within 30 days from the time the petition is submilled
for resolution (Special ADR Rules. Rule 3.18).
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Q: What should the court do if it determines that there is a prima facie valid
arbitration agreement?
ANS: The court must suspend the action before il and refer the parties lo arbitration
pursuant to the arbitration agreement (Special ADR Rules. Rule 2.4). Otherv/ise. the
court shall continue with the judicial proceedings (Special ADR Rules, Rule 4.5).
Q: May the court require the arbitral tribunal to submit any written submissions?
ANS: No. The arbitral tribunal is only a nominal party and the court shall nol require the
arbitral tribunal lo submit any pleadings or written submissions but may consider Ihe
same should the latter participate in Ihe proceedings, but only as nominal parties thereto
Q: May the prima facie determination upholding the arbitration agreement be

assailed?
ANS: It depends on whether arbitration has already commenced:
1. Before commencement of arbitration - The order shall not be subject to a
motion for reconsideration, appeal or certiorari (Special ADR Rules, Rule
3.11).
2. After commencement of arbitration - The aggrieved party may file a motion
for reconsideration of Ihe order of the court. The decision of the court shall,
however, not be subject to appeal. The ruling of the court affirming the
arbitral tribunal s jurisdiction shall not be subject to a petition for certiorari.
The ruling of the court that the arbitral tribunal has no jurisdiction may be the
subject of a petition for certiorari (Special ADR Rules. Rule 3.19).
Q: What is the effect where an arbitral award is rendered before the court decides
on the petition for judicial relief?
ANS: If Ihe arbitral tribunal renders a final arbitral award and the court has not
rendered a decision on the petition, that petition shall become ipso facto moot and
academic and shall be dismissed by the Regional Trial Court (Special ADR Rules. Rule
3.21).
Note: The dismissal shall be without prejudice to the right of the aggrieved party to
raise the same issue in a timely petition to vacate or set aside the award (Special ADR
Rules, Rule 3.21).
Q: What is the remedy of a party to an arbitration agreement if the other party

directly fifes a case in court?
ANS: A party to a pending action filed in violation of the arbitration agreement, whether
contained in an arbitration clause or in a submission agreement, may request the court
lo refer the parlies to arbitration in accordance with such agreement (Special ADR
Rules. Rule 4.1).
Q: How may a party raise the issue of non-compliance with an arbitration

agreement other than by a formal request under the Special Rules on ADR?
ANS: A formal request for arbitration is not the sole means of invoking an arbitration
clause. The invocation may also be done by raising as an issue the existence of Ihe
arbitration agreement in an answer or any other motion (Luzon Iron Development Group
Corp. v. Bridestone Mining and Development Corp . G.R. No. 220546, December 7
2016).
Q: When may a party request a referral to arbitration where the arbitration

agreement exists before the action is filed?
ANS: The request for referral shall be made nol later than the pre-trial conference
(Special ADR Rules, Rule 4 2)
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Q: When may the parties request for a referral to arbitration after the pre-trial
conference?
ANS: After the pre-trial conference, the court will only act upon the request for referral
if it is made with the agreement of all parties to the case (Special ADR Rules, Rule 4.2,
par. A).
Q: May the parties request for a referral where the arbitration agreement is
entered into only after commencement of judicial proceedings?
ANS: Yes. If there is no existing arbitration agreement at the time the case is filed but
the parties subsequently enter into an arbitration agreement, they may request the court
to refer their dispute lo arbitration at any time during the proceedings (Special ADR
Rules. Rule 4.2, par. B).
Q: How may a request for referral to ADR be made?

ANS: The request for referral shall be in the form of a motion, which shall state that the
dispute is covered by an arbitration agreement. Apart from other submissions, the
movant shall attach to his motion an authentic copy of the arbitration agreement. The
request shall contain a notice of hearing addressed to all parties specifying the date and
time when it would be heard. The party making the request shall serve it upon the
respondent to give him the opportunity to file a comment or opposition as provided in the
immediately succeeding Rule before the hearing (Special ADR Rules, Rule 4.3).
Q: What is the proper court action if it is asked for a referral to arbitration?

ANS: After hearing, the court shall stay the action and refer the parties to arbitration if it
finds prima facie, based on the pleadings and supporting documents submitted by the
parties that:
1. There is an arbitration agreement; and
2. The subject-matter of the dispute is capable of settlement or resolution by
arbitration in accordance with Sec. 6 of the ADR Act (Special ADR Rules,
Rule 4.5).
Q: What are the matters that may not be subject of arbitration?

ANS: The ADR Law shall not apply to resolution or settlement of the following:
1. Lahor disputes covered by the Labor Code of the Philippines;
2. The civil status of persons;
3. The validity of a marriage;
4. Any ground for legal separation;
5. The jurisdiction of courts;
6. Future legitime;
7. Criminal liability; and
8. Those which by law cannot be compromised (R.A. No. 9285, Sec. 6).
Q: What are the rules on assailing the order regarding the request for referral to
arbitration?
ANS: The order regarding the request for referral to arbitration may be assailed
depending on whether order grants or denies the request for referral:
1. An order referring the dispute to arbitration shall be immediately executory
and shall not be subject to a motion for reconsideration, appeal or petition
for certiorari',
2. An order denying the request shall not be subject to an appeal but may be
subject of a motion for reconsideration and/or a petition for certiorari
Q: What are reasons that the court shall not use to decline a request for referral to
arbitration?
ANS: The court shall not decline to refer some or all of the parties to arbitration for any
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of Ihe following reasons:

1. Not all of the disputes subject of Ihe civil action may be referred to arbitration;
2. Not all of the parties to the civil action are bound by the arbitration
agreement and referral lo arbitration would result in multiplicity of suits;
3. The issues raised in the civil action could be speedily and efficiently
resolved in its entirety by the court rather than in arbitration;
4. Referral to arbitration does not appear to be the most prudent action; or
5. The slay of Ihe action would prejudice the rights of the parties to the civil
action who are not bound by Ihe arbitration agreement (Special ADR Rules.
Rule 17.7).
Noto: The court may issue an order directing the inclusion in arbitration of those parties
who are not bound by the arbitration agreement bul who agree lo such inclusion,
provided those originally bound by it do not object to their inclusion (Special ADR Rules,
Rule 4.7).
INTERIM MEASURES OF PROTECTION

Q: When can a party file a petition for an interim measure of protection?
ANS: A petition for an interim measure of protection may be made:
1, Before arbitration is commenced;
2. After arbitration is commenced, bul before the constitution of the arbitral
tribunal; or
3. After the constitution of the arbitral tribunal and at any time during arbitral
proceedings but. at this stage, only to the exlent that the arbitral tribunal has
no power to act or is unable to act effectively (Special ADR Rules. Rule 5.2).
Q: What is the effect where an arbitral tribunal is constituted during the pendency
of a petition for an interim measure of protection?
ANS: The court shall defer action on any pending petition upon being informed that an
arbitral tribunal has been constituted. The court may act upon such petition only if it is
established by the petitioner that the arbitral tribunal has no power to act on any such
interim measure of protection or is unable lo act thereon effectively (Special ADR Rules,
Rulo 5.15).
Q: What are the types of interim measure of protection that a court my grant?
ANS: The following, among others, are the interim measures of protection that a court
may grant:
1. Preliminary injunction directed against a party to arbitration;
2. Preliminary attachment against property or garnishment of funds in the
custody of a bank or a third person;
3. Appointment of a receiver;
4. Detention, preservation, delivery or inspection of property; or.
5. Assistance in the enforcement of an interim measure of proteclion granted
by the arbitral tribunal, which the latter cannot enforce effectively (Special
Q: What grounds shall the court consider in granting the relief under the Special
Rules of Court on ADR?
ANS: The following grounds, while not limiting the reasons for the court to grant an
interim measure of protection, indicate the nature of the reasons that the court shall
consider in granting the relief:
1. The need to prevent irreparable loss or injury;
2 The need lo provide security for the performance of any obligation;
3. The need to produce or preserve evidence; or
4. The need to compel any other appropriate act or omission (Special ADR
Rules, Rule 5.4).
REMEDIAL LAWS
San Seda Law-RGCT Bar Operations Cantor B
Q: When shall the court resolve the petition for an interim measure of protection?
ANS: After hearing the petition, the court shall balance the relative interests of the
parties and inconveniences that may be caused, and on that basis resolve the mailer
within 30 days from:
1. Submission of the opposition;
2. Upon lapse of the period to file the same (within 15 days from service of the
petition by the petitioner); or
3. From termination of the hearing that the court may set only if there is a need
for clarification or further argument (Special ADR Rules, Rule 5.9).
Q: When may the court Issue an immediately executory temporary order of

protection? (PDI)
ANS: Without need of prior hearing, the court shall issue an immediately executory
temporary order of protection cases where, based solely on the petition, the court finds
that there is an urgent need to either:
1. greserve property;
? Prevent the respondent from Disposing of, or concealing, the property; or
3. Prevent the relief prayed for from becoming Illusory because of prior nolice,
it shall issue an immediately executory temporary order of protection
Note: I he court shall require the petitioner, within five (5) days from receipt of that
order, to post a bond to answer for any damage that respondent may suffer as a result
of its order (Special ADR Rules, Rule 5.9).
Q: May the order granting the petition for an interim measure of protection bo
conditioned upon a security?
ANS: The order granting an interim measure of protection may be conditioned upon
the provision of security, performance of an act, or omission thereof, specified in the
order (Special ADR Rules, Rule 5,10).
Note: The Court may not change or increase or decrease the security ordered by the
arbitral tribunal (Special ADR Rules, Rule 5.12).
Q: What is the period of the validity of the ex parte temporary order of protection?
ANS: The ex parte temporary order of protection shall be valid only for a period of 20
days from the service on the party required to comply with the order (Special ADR
Rules. Rule 5.9).
Q: When may the period of validity be extended?

ANS: If the respondent requests the court for an extension of the period to file his
opposition or comment or to reset the hearing to a later date, and such request is
granted, the court shall extend Ihe period of validity of the ex parte temporary order of
protection for no more than 20 days from expiration of the original period (Special ADR
Rules, Rule 5.9).
Q: What is the remedy of the opposing party to lift the temporary order of
protection?
ANS: The respondent has the option of having the temporary order of protection lifted
by posting an appropriate counter-bond as determined by the court (Special ADR Rules,
Rule 5.9).
Q: What is the effect of the other parties fail to oppose at all?

ANS: If the other parties fail to file their opposition on or before the day of the hearing,
the court shall motu proprio render judgment only on the basis of the allegations in the
petition that are substantiated by supporting documents and limited lo what is prayed for
therein (Special ADR Rules. Rule 5.9).
■ BEDAN RED BOOK
■ Volume II | Serios of 2020/21
Q: When may the order granting a petition for an interim measure of protection
assailed?
ANS: If respondent was given an opportunity to be heard on a petition for an interim
measure of protection, any order by the court shall be immediately executory, but may
be Ihe subject of a motion for reconsideration and/or appeal or. if warranted, a petition
for certiorari (Special ADR Rules, Rule 5.10).
Q: May the arbitral tribunal change the effects of any court-issued interim
measure of protection?
ANS: Yes. Any court order granting or denying interim measure/s of protection is
issued without prejudice to subsequent grant, modification, amendment, revision or
revocation by the arbitral tribunal as may be warranted (Special ADR Rules, Rule 5.13).
Q: If there is conflict between a previous court-issued interim measure of

protection and one that is subsequently issued by an arbitral tribunal, which will
prevail?
ANS: That of the arbitral tribunal. An interim measure of protection issued by Ihe
arbitral tribunal shall, upon its issuance be deemed to have ipso jure modified,
amended, revised or revoked an interim measure of protection previously issued by the
court to the extent that it is inconsistent with Ihe subsequent interim measure of
protection issued by the arbitral tribunal (Special ADR Rules. Rule 5.13).
Note: Any question involving a conflict or inconsistency between the two interim
measures of protection shall be immediately referred by the court to the arbitral tribunal
which shall have Ihe authority to decide such question (Special ADR Rules. Rule 5.14).
ENFORCEMENT AND RECOGNITION OR SETTING ASIDE OF AN INTERNATIONAL

COMMERCIAL ARBITRAL AWARD
Q: When may a party file a petition to recognize and enforce an international
commercial arbitration award?
ANS: The petition for enforcement and recognition of an arbitral award may be filed
anytime from receipt of the award. If. however, a timely petition to set aside an arbitral
award is filed, the opposing parly must file therein and in opposition thereto the petition
for recognition and enforcement of the same award within the period for filing an
opposition (Special ADR Rules. Rule 12.2, par. a).
Q: When may a party file a petition to set aside an international commercial

arbitration award?
ANS: The petition to set aside an arbitral award may only be filed within three (3)
months from the lime the petitioner receives a copy thereof. If a timely request is made
with Ihe arbitral tribunal for correction, interpretation or additional award, the three (3)
month period shall be counted from the lime the petitioner receives the resolution by the
arbitral tribunal of that request (Special ADR Rules. Rule 12.2, par. b).
Note: A petition to set aside can no longer be filed after the lapse of the 3-month period
(Special ADR Rules, Rule 12.2, par. b).
Q: What is the effect on the enforcement of the award if the aggrieved party fails
to file a petition to set aside on time?
ANS: The dismissal of a petition to set aside an arbitral award for being time-barred
shall not automatically result in the approval of the petition filed therein and in opposition
thereto for recognition and enforcement of Ihe same award (Special ADR Rules, Rule
12.2, par. b).
Note: Failure to file a petition to set aside shall preclude a party from raising grounds to
resist enforcement of the award (Special ADR Rules, Rule 12.2, par. b).
REMEDIAL LAWS
San Bcdn Lnw-RGCT Bar Operations Center ul
Q: What are the grounds to set aside or refuse the enforcement of an international
commercial arbitration award? (P(INTC)-C(SP))
ANS: The court may set aside or refuse the enforcement of the arbitral award only if:
1. The £arty making the application furnishes proof that:
a. A party to the arbitration agreement was under some Incapacity, or Ihe
said agreement is not valid under the law to which the parties have
subjected it or, failing any indication thereof, under Philippine law; or
b. The party making the application to set aside or resist enforcement was
not given proper Notice of the appointment of an arbitrator or of the
arbitral proceedings or was otherwise unable to present his case; or
c. The award deals with a dispute not contemplated by or not falling within
the Terms of the submission lo arbitration, or contains decisions on
matters beyond the scope of the submission to arbitration; provided
that, if the decisions on matters submitted to arbitration can be
separated from those not so submitted, only that part of the award
which contains decisions on matters nol submitted to arbitration may
be set aside or only that part of the award which contains decisions on
matters submitted to arbitration may be enforced; or
d. The Composition of the arbitral tribunal or the arbitral procedure was
not in accordance with the agreement of the parties, unless such
agreement was in conflict with a provision of Philippine law from which
the parties cannot derogate, or, failing such agreement, was not in
accordance with Philippine law.
2. The Court finds that:
a. The Subject-matter of the dispute is not capable of settlement by
arbitration under the law of the Philippines; or
b. The recognition or enforcement of the award would be contrary lo
Public policy (Special ADR Rules. Rule 12.4).
Q: How shall recourse to a court against an international commercial arbitral
award be made?
ANS: Recourse lo a court against an arbitral award shall be made only through a
petition lo set aside the arbitral award and on grounds prescribed by the law that
governs international commercial arbitration (Special ADR Rules. Rule 12.5).
Note: Any other recourse from the arbitral award, such as by appeal or petilion for
review or petition for certiorari or otherwise, shall be dismissed by the court (Special
ADR Rules. Rule 12.5).
RECOGNITION AND ENFORCEMENT OF A FOREIGN ARBITRAL AWARD
Q: What law shall govern matters affecting foreign arbitral awards covered by
New York Convention?
ANS: The recognition and enforcement of a foreign arbitral award shall be governed by
the 1958 New York Convention on Ihe Recognition and Enforcement of Foreign Arbitral
Awards (the "New York Convention") and this Rule (Special ADR Rules, Rule 13.4).
Q: When may the court enforce remedies affecting foreign arbitral awards nol
covered by the New York Convention?
ANS: The court may. upon grounds of comity and reciprocity, recognize and enforce a
foreign arbitral award made in a country that is not a signatory to the New York
Convention as if it were a Convention Award (Special ADR Rules, Rule 13.4).
Q: When may a party file a petition for recognition and enforcement of a foreign
arbitral award?
ANS: At any time after receipt of a foreign arbitral award, any party to arbitration may
petition the proper Regional Trial Court to recognize and enforce such award (Special

07 - Remedial Law

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07 - Remedial Law

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VIKTOR KEVIN S.

ADRIAN PATRICK M. VALIENTE

ANDRE JOSE H. SURIGAO Civil Procedure

FLORENCE DIANE N. CERERA KATE BERNADETTE T. MADAYAG

Judge GINA M. B1BAT-PALAMOS

Q: What is Remedial Law?

A. DISTINGUISH: SUBSTANTIVE LAW AND REMEDIAL LAW

Remedial law is construed to be By its very nature and essence,

The Supreme Court is expressly

B. RULE-MAKING POWER OF THE SUPREME COURT

C. NATURE OF PHILIPPINE COURTS

Q: Distinguish a court and a judge.

A tribunal officially assembled A judge is a person or the officer who

Q: Differentiate courts of original jurisdiction and courts of appellate jurisdiction.

Q: Differentiate courts of general jurisdiction and courts of special or limited

Q: Differentiate constitutional courts and statutory courts.

Q: Differentiate courts of law and courts of equity.

Q: What is the Principle of Judicial Hierarchy?

Q: What are the exceptions to the Principle of Judicial Hierarchy?

Q: What is the Doctrine of Non-Interference?

Q: Why is the Doctrine of Non-Interference also applicable to administrative

'■________ iiv >■■■ ■: • I

Q: Is jurisdiction substantive or procedural?

Appellate jurisdiction is the power and

Q: Distinguish general and special jurisdiction.

General jurisdiction is the . Special or limited jurisdiclion is one

Courts of general jurisdiclion Courts of special (limited) jurisdiction

Q: Distinguish exclusive and concurrent jurisdiction.

Exclusive jurisdiction is the • Concurrent jurisdiction is the power

The following are examples of The following are examples of

B. DOCTRINE OF HIERARCHY OF COURTS AND CONTINUITY OF

Q: What are the exceptions to the Doctrine of Hierarchy of Courts?

Q: What is the Doctrine of Adherence to Jurisdiction (Continuity of Jurisdiction)?

C. JURISDICTION OF VARIOUS PHILIPPINE COURTS

Q: Give an outline of the jurisdiction of courts in civil cases.

Exclusive Petitions for certiorari, prohibition, or mandamus againsl:

With the RTC:

With the CA:

With the RTC & CA:

With the RTC. CA, & Sandioanbavan;

By way of appeal by certiorari under Rule 45. against the:

Court-ofrApi ' 'J

With the SC: j

With the SC & RTC:

With the RTC. SC, & Sandiganbayan:

1. By way of ordinary appeal from the RTC and family Courts

Cases involving violations of:

Concurrei With the SC:

If the gross value, claim, or demand I If the gross value, claim or

I If the assessed value or interest in i If the assessed value or interest |

Municipal Trial Courts

SC may designate certain branches Petition for Habeas Corpus or

With the SC:

With the SC & CA:

With the SC, CA, & Sandiqanbavan:

Regional Trial Courts Municipal TriakGourts

Appellate All cases decided by the MeTCs. :

Delegated May be assigned by the SC to >

Special Provisional Remedies:

1. All civil actions and proceedings

Petitions by Muslims for the -

actions wherein the parties |

Q: What is the Totality of Claims Principle?

Q: When does the Totality of Claims Principle apply?