REMREVETHICS LMT - MCMP

LAST MINUTE NOTES
PALOMA
REMEDIAL LAW &

LEGAL ETHICS
MC
|
LAW
CIVIL
BAR REVIEW NOTES / MEMAID

OF
FACULTY
UST
PHILIPPIANS 4:13 “I CAN DO ALL THINGS THROUGH CHRIST WHO STRENGTHENS ME.”
REMEDIAL LAW REVIEW | HERNANDO BAR 2023 | BASED FROM VARIOUS SOURCES
MODES OF DISCOVERY
Q: Describe briefly at least five (5) modes of discovery under the Rules of Court. (2000 BAR)
MODE OF DISCOVERY DESCRIPTION / DEFINITION
Deposition 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 (Sec. 1,
Rule 23, ROC, as amended);
Interrogatories to Parties Under the same conditions specified in section 1 of Rule 23, any party shall file and
serve upon any adverse party written interrogatories regarding material and relevant
facts to be answered by the party served (Sec. 1, Rule 25, ROC, as amended)
Admission by Adverse At any time after issues have been joined, a party may file and serve upon any other
Party party a written request for the admission by the latter of the genuineness of any
material and relevant document or of the truth of any material and relevant matter of
fact (Sec. 1, Rule 26, ROC, as amended);
Production or inspection Upon motion of any party showing good cause therefor, a court may order any party to
of documents or things produce and permit the inspection and copying or photographing of any designated
documents, etc. or order any party to permit entry upon designated land or property for
inspecting, measuring, surveying, or photographing the property or any designated
relevant object or operation thereon (Sec. 1, Rule 27, ROC, as amended);
Physical and Mental In an action in which the mental or physical condition of a party is in controversy, the
Examinations of Persons court in which the action is pending may in its discretion order him to submit to a
physical or mental examination by a physician. (Sec. 1, Rule 28, ROC, as amended)
Q: When may depositions be availed of?

A: Ben and Rei
1. Deposition de BENE esse- during a pending action

2. Deposition in perpetua REI memoriam - before action or pending appeal
Q: What is the order of trial in ordinary civil actions
Q: May there be consolidation of cases pending in different branches?

A: 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 the consolidation may be proper as long as
the cases involve the resolution of questions of law or facts in common with each other. (Active Wood Products v. CA,
GR No. 86603, Feb 5, 1990)
Q: What is the effect when the order granting demurrer to evidence is reversed?
A: If the motion for judgment on demurrer to evidence was granted by the trial court and later on reversed on appeal, the
defendant shall be deemed to have waived his right to present evidence.
NOTE: In a criminal case, an order granting a demurrer to evidence is not appealable as it is considered judgment on the
merits. Further, the defendant can only present evidence despite the granting of the demurrer to evidence if the
defendant filed a demurrer with leave of court.
Philippians 4:13 “I can do all things through Christ who strengthens me.” | MC Paloma | REMLAW LMT | 1 of 27
JUDGEMENTS AND FINAL ORDERS
Q: When may a motion for judgment on the pleadings (JoP) be properly filed?
A: A motion for JoP is proper where the answer fails to tender an issue or otherwise admits the material allegations of
the adverse party’s pleading. (ROC. Rule 34. Sec. 1)
Judgment on the pleadings vs. Summary Judgment
POST-JUDGMENT REMEDIES
Motion for New Trial v. Motion for Reconsideration
Q: What is the Fresh Period Rule? (Neypes Doctrine)

A: To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal their cases,
the Court deems it practical to allow a fresh period of 15 days within which to file the notice of appeal, counted from the
receipt of the order dismissing a motion for new trial or motion for reconsideration. (Neypes v. CA, G.R. No. 141524, 14
Sept. 2005)
NOTE: Although Neypes involved the period to appeal in civil cases, the Court’s pronouncement of a “fresh period” to
appeal should equally apply to the period for appeal in criminal cases under Section 6 of Rule 122 of the Revised Rules
of Criminal Procedure. (Judith Yu v. Samson- Tatad, G.R. No. 170979, 09 Feb. 2011) Further, fresh-Period Rule does NOT
apply to Administrative Cases
APPEAL FROM COMELEC & COA (R64)
Q: When will the 30-day period to file a petition under Rule 64 apply in assailing the ruling of the COMELEC or COA?
A: The 30-day reglementary period will only apply if the petition assails the final orders, rulings and decisions of the COA
or COMELEC made in its adjudicatory or quasi-judicial powers. If the petition assails the resolution issued under its
rule-making powers, then Rule 65 will apply.
PETITION FOR RELIEF FROM JUDGMENT (R38)
Q: What is the double period required for filing a petition for relief under Rule 38?
A: 60D-6M
A verified petition for relief of judgment must be filed…
1. Within 60 days after the petitioner learns of the judgment, final order or proceeding to be set aside; AND
2. Not more than 6 months after such order was entered or proceeding was taken.
EXECUTION, SATISFACTION AND EFFECT OF JUDGEMENTS (R39)
Q: What is the supervening fact doctrine?

A: It exists when equitable grounds like change in the situation of the parties which makes the execution of judgment
inequitable. For this to apply, the supervening event must happen after the judgment has become final and executory.
PROVISIONAL REMEDIES
Nature, Purpose, and Jurisdiction Over Provisional Remedies
GIST: Provisional remedies are those writs and processes which are temporary, auxiliary, and ancillary remedies
available to a litigant for the protection and preservation of his rights until the final disposition of a matter in litigation.
PRELIMINARY ATTACHMENT (R57)
GIST: It is one issued at the commencement of the action or at any time before entry of the judgment as security for the
satisfaction of any judgment that may be recovered in the cases provided for by the rules.
NOTE: The court takes custody of the property of the party against whom the attachment is directed.
Q: What is an attachment bond?

A: A bond executed in favor of the adverse party in an amount to be fixed by the judge, not exceeding the plaintiff’s
claim, conditioned that the latter will pay all the costs which may be adjudged to the adverse party and all damages
which he may sustain by reason of the attachment if the court shall finally adjudge that the applicant was not entitled
thereto. (2008 BAR)
PRELIMINARY INJUNCTION (R58)
GROUNDS (R²IV) EFFECTIVITY EFFECTS
1. Restraining the commission or continuance of the act or acts Effective during the Restrains or requires
complained of, or in requiring the performance of an act or pendency of the action the performance of
acts either for a limited period or perpetually. unless earlier dissolved particular acts.
2. Continuance or nonperformance of the act or acts
complained of during the litigation would probably work The CA, SB or CTA shall
injustice to the applicant; or decide the main case or
3. Acts probably in violation of the rights of the applicant petition within 6 months
respecting the subject of the action or proceeding, and from the issuance of the
tending to render the judgment ineffectual. writ.
NOTE: Notice and hearing is always required which shall be conducted within 24 hours after the sheriff’s return of
service
RECEIVERSHIP (R59)
DEFINITION PURPOSE REQUISITES (ED-VerN-BR)
It is a provisional remedy wherein The purpose of receivership as 1. Existing interest in the property or funds
the court appoints a a provisional remedy is to subject of the action,
representative to preserve, protect and preserve the rights 2. Danger of being lost, wasted or
administer, dispose of and prevent of the parties during: dissipated

the loss or dissipation of real or 1. The pendency of the main 3. Verified application filed at any stage,
personal property during the action; prior to satisfaction of judgment
pendency of an action. It can be 2. During the pendency of an 4. Notice and hearing
availed of even after the judgment appeal, or; 5. Bond executed against whom the
has become final and executory 3. In the execution of application is presented;
as it may be applied for to aid judgment as when the writ 6. Receivership must be sworn to perform
execution or carry judgment into of execution has been his duties.
effect. returned unsatisfied.
NOTE: The purpose must be to prevent imminent danger to the property, otherwise receivership is not the remedy /
proper action
REPLEVIN (R60)
The writ of Replevin may only be obtained when the defendant in the action has not yet filed his answer to the complaint
where it is necessary to:
1. Protect plaintiff’s right of possession to property; or

2. Prevent the defendant from destroying, damaging or disposing of the property.
Requisites to apply for the issuance of a writ of replevin: Co-Pa-Bond
Commencement or before the defendant answers - application must be filed at this time
Particularly describe the the property - that he is the owner or is entitled to the possession thereof
Bond double the value of the property must be provided by the applicant
Nature of an action for Replevin
As an “action in rem,”, the gist of the replevin action is the right of the plaintiff to obtain possession of specific personal
property by reason of his or her being the owner or of his or her having a special interest therein.
SPECIAL CIVIL ACTIONS
JURISDICTION AND VENUE (QUICK GUIDE)
ACTION JURISDICTION VENUE
(Default)
Where the principal plaintiffs reside or where the defendant
MTC - 2M claim / 400k real
Interpleader or any of the principal defendants resides at the option of
property and below
the plaintiff.
RTC - beyond 2M / 400k
RTC - incapable of pecuniary

Declaratory Relief Where the petitioner or the respondent resides at the
estimation
Other Reliefs election of the petitioner.
Other Reliefs - (Default)
COMELEC and COA

Supreme Court Supreme Court
(R64)
Certiorari, RTC; CA; SC; Sandiganbayan,

RTC - if MTC, corp., board, officer / person
Prohibition, COMELEC in aid of their
CA - quasi-judicial agency
Mandamus (R65) appellate jurisdiction
RTC, CA, Supreme Court and Where the respondent or any of the respondents resides
Quo Warranto (R66)
SB in aid of appellate juris. OSG - RTC of the City of Manila, in the CA, or in the SC.
Expropriation (R67) Real Property: where the property is located

Personal property: the place where the plaintiff or defendant
resides, at the election of the plaintiff (Sec. 2, Rule 4, ROC, as
RTC - incapable of pecuniary
Partition (R69) amended)
estimation
Foreclosure (R68) Where the land or any part thereof is located.
MTC, MTCCs, MCTC, MeTC;

FE/UD (R70) covered by Rule on Summary Where the property is located because it is a real action
Procedure
If charge was made against the RTC or court of

equivalent/higher rank, or against an officer appointed by
such office, the action may be filed with such court.
Contempt (R71) MTC, RTC, CA, Supreme Court
If contempt was committed against a lower court, the action
may be filed with the RTC of the place where the lower court
is sitting.
INTERPLEADER (R62)
Q: What are the requisites for an action for interpleader?

A: 2-SPN (2 SPooNs)
2 or more claimants with adverse or conflicting claims upon a subject matter

Subject matters are the same
Person involved in the conflicting claim is the same
No claim upon the subject matter or if the plaintiff has interest, it is not disputed by adverse claimants
DECLARATORY RELIEF AND SIMILAR REMEDIES (R63)
Q: What are the requisites for an action for Declaratory Relief

A: D-DNA-JJ (hindi DNA ni JJ)
Deed, will, contract/other written instrument, statute, EO / regulation/ordinance is the subj. matter
Doubtful and require judicial construction
No breach of the document in question
Adequate relief is not available through other means or forms of action or proceedings
Justiciable controversy (ripe); and
Justiciable determination (ripe)
CERTIORARI, PROHIBITION AND MANDAMUS (R65)
CERTIORARI PROHIBITION MANDAMUS
Tribunal etc, has: Extraordinary writ Commanding a tribunal, etc. to do an act required
AWEJ / GADALEJ + NO APSAR commanding a tribunal, to be done:
etc, to desist from further 1. When he or she unlawfully neglects the
Acted without or in excess of its proceedings when said performance of an act which the law
or his jurisdiction, or with grave proceedings are: specifically enjoins as a duty (ministerial
abuse of discretion amounting to duty), and there is NO APSAR ; or
lack or excess of jurisdiction, AWEJ / GADALEJ + NO 2. When one unlawfully excludes another
there being no appeal or any APSAR from the use and enjoyment of a right or
other plain, speedy and adequate office to which the other is entitled. (Sec. 3,
remedy in the ordinary course of Rule 65, ROC, as amended)
law. (Sec. 1, Rule 65, ROC, as
amended)
Extends to discretionary acts Discretionary and Extends to ministerial acts only

ministerial acts
QUO WARRANTO (R68)
RULE 68: QUO WARRANTO
As to Issue As to the As to Manner As to the As to the As to the Period As to Damages
Grounds of Filing Petitioner Court of Filing
legality of Usurpation, Respondent is Petitioner Supreme Within 1 year May bring a separate
the forfeiture already is a Court, CA after the cause of action against the
occupancy or illegal actually person or such ouster, or respondent to recover
of the office associatio holding office entitled to RTC the right of the damage
by virtue of a n. office. petitioner to hold
legal such office or
appointment position arose.
.
EXPROPRIATION (R67)
Requisites: Du-Pa-T
Due process
Payment of just Compensation
Taking of property for public use
Q: What are the two stages in an action for expropriation?
1. First stage: to determine the authority of the plaintiff to expropriate which includes the propriety of expro. and
the necessity + public use
2. Second stage: the determination of just compensation through court-appointed commissioners
Q: What are inverse condemnation proceedings?

A: This is a proceeding where the plaintiff prays for damages against the expropriator when stealth is employed instead
of complying with the legal process of expropriation and that there is no intention to pay the owners just compensation.
It is a form of action for damages against the expropriator.
NOTE: Condemnation proceedings is another term for expropriation. Hence, inverse condemnation is the opposite of
such.
Q: Will an action for expropriation filed before the RTC acting as Special Agrarian Court be dismissed due to failure of
the petitioner to obtain an affirmative ruling from the DARAB?
A: No, while it is true that the executive department, through the DAR, or the legislature, may make the initial
determination of just compensation, it is equally true that "when a party claims a violation of the guarantee in the Bill of
Rights that private property may not be taken for public use without just compensation, no statute, decree, or executive
order can mandate that its own determination shall prevail over the court's findings. Much less can the courts be
precluded from looking into the 'just-ness' of the decreed compensation." (Landbank of the Philippines vs. Escaro, G.R.
No. 204526, February 10, 2021, J. HERNANDO CASE)
FORECLOSURE (R68)
Q: What are the periods contemplated in an Equity of Redemption and Right of Redemption?
EQUITY OF REDEMPTION RIGHT OF REDEMPTION
Exists in Judicial Foreclosures Exercised in Extrajudicial Foreclosures
Right of the defendant mortgagor to extinguish the Right of the debtor, his successor in interest or any
mortgage and retain ownership of the property by paying judicial creditor or judgment creditor of said debtor or
the debt within a period of not less than 90 nor more any person having a lien on the property subsequent to
than 120 days from the entry of judgment or even after the mortgage or deed of trust under which the property is
the foreclosure sale but prior to confirmation. sold to redeem the property within 1 year from the
registration of the Sheriff’s certificate of foreclosure
sale.
Q: What are the periods of redemption under a judicial foreclosure and an extrajudicial foreclosure?
JUDICIAL FORECLOSURE EXTRAJUDICIAL FORECLOSURE
NATURAL PERSONS JURIDICAL PERSONS
Within the period of 90-120 days from the 1 year from registration of the 1 year from registration of the certificate
date of the service of the order of certificate of sale with the of sale with the Registry of Deeds
foreclosure or even thereafter but before Registry of Deeds
the order of the confirmation of the sale.
(Secs. 2&3, Rule 28, ROC)
Juridical Person (mortgagor) and Bank
(mortgagee)
3 months after foreclosure or before

registration of cert. of foreclosure
whichever is earlier. (Sec. 47, R.A. No.
8791)
Reckoning period: confirmation of the auction sale which is the date

when the certificate of title is issued
PARTITION (R69)
Q: What is the effect of the non-inclusion of a co-owner in an action for partition?

Before judgment - it is not a ground to dismiss the action. The remedy is to file a motion to include the parties.
After judgment - judgment is void because co-owners are indispensable parties.
CONTEMPT OF COURT (R71)
Q: Can the use of disrespectful language in a pleading be a ground for direct contempt?
A: No, it is considered as an indirect contempt as it is not tantamount to a misbehavior in the presence of or so near a
court/judge as to interrupt the administration of justice. (Guerrero vs. Judge Villamor, GR. No. 82238-42, Nov. 13, 1989)
FORCIBLE ENTRY AND UNLAWFUL DETAINER (R70)
Memory Aid
ACCION INTERDICTAL ACCION PUBLICIANA ACCION REIVINDICATORIA
Includes Unlawful detainer and Dispossession has lasted for more Action to recover ownership which
Forcible Entry. than one year. necessarily includes the recovery of
possession.
Interdictal - “I” looks like “1”, so it Publiciana - Publicized na kasi more Rei - meaning “property / thing”
must be commenced within 1 year than one year na Vindicatoria - vindicate
from the discovery or unlawful taking Ergo, “to vindicate the property”
of the property.
SPECIAL PROCEEDINGS AND SPECIAL WRITS
GIST: It is a remedy by which a party seeks to establish a status, a right, or a particular fact. (Sec. 3(c), Rule 1, ROC)
SETTLEMENT OF ESTATE OF DECEASED PERSONS (R73)
QUALIFIERS GIST / REMARKS
As to Jurisdiction MTC - 2M and below

RTC - more than 2M (B.P. 129, as amended by R.A. No. 11576)
As to Venue Resident - province/city where the deceased resided at the time of death, whether a citizen
or alien
Non-resident - Court of any province in which he had estate
NOTE: The court first taking cognizance of the settlement of the estate of a decedent, shall
exercise jurisdiction to the exclusion of all other courts. (Principle of Preferential
Jurisdiction/ Exclusionary Rule)
XPN: Estoppel by laches
As to the probate It is primarily concerned with the administration, liquidation, and distribution of estate. It has
court’s powers the authority to: (Det-Ma)
1. Determine the heirs; and
2. Make a just and legal distribution of the estate.
As to grounds for (Non-La-Will)

disallowing a will 1. Non-compliance with the legal formalities;
2. Lack of testamentary capacity; and
3. Will was not duly executed
As to preference of (Will-Not PR)

payment of debt 1. Will - portion or property designated herein
2. Not disposed by a will - Personal property
3. Not disposed by a will - Real property
XPN: Court may modify said preference upon petition
As to distribution and Two requisites before distribution of the estate: (Li-Decla)

partition 1. Liquidation
2. Declaration of heirs
As to the remedy of an Remedies available:

heir who was not given
his share 1. Motion to set aside the distribution
2. Motion to deliver shares
3. Motion for the reopening of the settlement proceedings (30 days from the order of
closure, before order becomes final)
4. Petition for the reopening of the settlement proceedings (preterited heir may file
within 10 years from judgment)
5. Accion Reivindicatoria
Q: When is the summary settlement of estates of small value allowed?

A: 10K-Bond- 1Month-3weeks (10K ni james Bond tuwing 1month and 3 weeks)
10,000 - the estate must not exceed this amount

Bond is duly filed in the amount fixed by the court
1 month to 3 months - proper hearing must be held
3 weeks publication in a newspaper of general circulation in the province
Q: What is the Principle of Practical Considerations?

A: As a general rule, the probate court settles only the extrinsic validity of the will. However, the court may decide on the
intrinsic aspects of the will:
1. In the case of absolute preterition without any provision in favor of any devisees or legatee; (Nuguid v. Nuguid,
G.R. No. L-23445, 23 June 1966) or
2. Where the defect is apparent on its face, the probate court may determine the intrinsic validity of the will even
before its formal validity is established, as the probate of a will may become a useless ceremony if the will is
intrinsically invalid. (Regalado, 2008)
GUARDIANSHIP (R92)
As to who may file for the

As to who may be appointed as a guardian
termination of the G
(RFOS, R u Friendship OverS?) (RFGIn, Ready For GIn)

1. Relative; 1. Relative;
2. Friend; or 2. Friend;
3. Other person on behalf of the resident incompetent who has no 3. Guardian
parent or lawful guardian; 4. Incompetent person
himself
4. Secretary of Department of Health (DOH) in favor of an insane person

who should be hospitalized or in favor of an isolated leper.
WRIT OF HABEAS CORPUS (R102)
GIST: Writ directed to the person detaining another, commanding him to produce the body of the prisoner at a
designated time and place, with the day and cause of his capture and detention, to do, submit to, and receive
whatsoever the court or judge awarding the writ shall consider in that behalf.
COMPARISON OF THE WRITS OF HABEAS CORPUS, AMPARO, DATA AND KALIKASAN
HABEAS CORPUS AMPARO HABEAS DATA KALIKASAN

Qualifie
(you have the body) (to protect) (you have the data) (nature)
rs
R102 A.M. No. 07-9-12-SC A.M. No. 08-1-16-SC A.M. No. 09-6-8-SC
(P-LLS) (BHE)
(LLS)
Violated (L) Privacy in Life, Liberty or Constitutional right to a
Right to Life, Liberty, and
right Right to Liberty Security (or right to Balanced and Healthful
Security is violated
informational privacy) Ecology
to direct the public

to produce the body to order the disclosure To order the protection of
officers involved to
of the person being or destruction of data the constitutional right to a
conduct an investigation
Prayer detained and show relating to the right to balanced & healthful
as to the whereabouts &
the cause of life, liberty or security of ecology & restrain further
legality of the detention
detention. a person. acts
of a missing person.
(NJEP-NGO-A)
Aggrieved party, or a 1. Natural
qualified person, in this 2. Juridical person,
1. Party for whose order: (I-DAC-Con) 3. Entity authorized by
Any aggrieved party.
relief it is law,
Who
intended; or 1. Imm. fam 4. People’s organization,
may file In case of extralegal
2. Any person on 2. D/A/Collateral 4thD of 5. NGO; or
killings: (I-DAC)
his behalf. Con/Aff 6. Any public interest
3. Any Concerned group accredited by or
citizen/organization registered with any
government agency.
Pub. official/ employee

or private
Filed May or may not be Pub. official/ employee or individual/entity Pub. official/ employee or
against an officer private individual/entity engaged in the (GCS) private individual/entity
gathering, collecting or
storing of data.
GCS regarding: environmental damage of

1. Illegal
such a magnitude that
confinement or 1. Extrajudicial killings;
Coverag 1. Person; prejudices the right to life,
detention 2. Enforced
e 2. Family; health or property of
2. Rightful custody disappearances
3. Home; or inhabitants in two or more
is withheld
4. Correspondence cities or provinces.
Proof Preponderance of E. Substantial Evidence Substantial Evidence Substantial Evidence
48 hours from notice

5 workings days from the 15 days from the date of
of the judgment or 5 working days from the
Appeal date of notice of adverse notice of the adverse
final order appealed notice of final order
judgment judgment or denial of MR
from
Enforce CA/SB/SC: Anywhere

Enforceable anywhere in the Philippines
ability RTC: Jud. district
PETITIONS FOR THE ISSUANCE OF THE WRIT OF HABEAS CORPUS INVOLVING MINORS
NOTE: In petitions for the issuance of the writ of HC involving minors, the petition for custody of minor is filed with the
Family court of the province or city where the petitioner resides or where the minor may be found. The CA and SC have
concurrent jurisdiction with the Family Courts.
Requisites: (Right-With-B)
1. Right - the petitioner has the right of custody over the minor
2. Withheld - the right of custody was withheld from the petitioner by the respondent
3. Best interest of the minor to be with the plaintiff and not with the respondent
Proof of government participation is indispensable in the issuance of a writ of amparo
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 State or a political organization, followed 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 the 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. (J. Hernando, Dissenting Opinion in Sanchez v. Darroca G.R. No. 242257, 15 June
2021)
CHANGE OF NAME (R103)

CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY (R108)
CANCELLATION
Qualifie OR CORRECTION
CHANGE OF NAME (R103) RA 9048 as amended by RA 10172
rs OF ENTRIES
(R108)
Scope Substantial corrections ie. change of Clerical or typographical errors (NBS) Correction of
full name or surname substantial errors
1. change of first Name or nickname, or cancellation of
2. the day and month in the date of Birth entries in the Civil
or Registry
3. Sex of a person
NOTE: where it is patently clear that there

was a clerical or typographical error or
mistake in the entry.
Nature Judicial; Hearing is necessary. Administrative; hearing is not necessary Judicial; Hearing
is necessary; and
adversarial
Pleadin Verified petition Sword affidavit Verified petition

g
Covers 1. Correction of clerical or typographical errors in the civil registry, and All documents
2. Change of a person’s first name or nickname in his or her civil registry. involving the
status of a
NOTE: R103 does NOT INCLUDE correction of date of birth and sex while RA 9048 as person.
amended INCLUDES such.
Grounds RELACS ka lang RAC na lang Upon good and

(mnemonics source: @obiterdictaaav2, valid grounds
twitter) First name or nickname is:
1. Ridiculous, dishonorable or
extremely diff. to write or pronounce 1. Ridiculous, dishonorable or extremely
2. Embarrassment is caused by the diff. to write or pronounce
surname 2. The new first name is habitually and
3. Legal consequence (result of Continuously used and has been publicly
legitimation) known by such name in the community.
4. Avoid confusion;
5. Continuously used and been known

since childhood by a Fil. name and
was unaware of alien parentage;
and
6. Sincere desire to adopt Fil. name to
erase signs of former alienage (in
GF and w/o prejudice to 3rd
persons)
Where RTC of the province where the 1. Local Civil Registry office where the RTC of city or
to file petitioner resides at least at least record is kept; province where
three 3 years prior to the filing of the 2. Local Civil Registrar of the place the corresponding
petition. where the interested party is civil registry is
presently residing or domiciled; or located.
3. Philippine Consulate.
Illegitimate Child may now use Father’s Surname
R.A. No. 9255, effective 19 Mar. 2004, amended Art. 176 of the Family Code allowing the illegitimate child to use the
surname of the father if the latter expressly recognized filiation in a record of birth.
SILVERIO VS. REPUBLIC REPUBLIC VS. CAGANDAHAN
A change of name does not alter one’s legal Where the person is biologically or naturally intersex the
capacity or civil status. R.A. No. 9048 does not determining factor in his gender classification would be what the
sanction a change of first name on the ground of individual, like respondent, having reached the age of majority,
sex reassignment. Rather than avoiding with good reason thinks of his/her sex. Sexual development in
confusion, changing petitioner’s first name for cases of intersex persons makes the gender classification at
his declared purpose may only create grave birth inconclusive. It is at maturity that the gender of such
complications in the civil registry and the public persons is fixed.
interest. Also, there is no such special law in the
Philippines governing sex reassignment and its Here, it is noteworthy to emphasize that respondent has simply
effects. In our system of government, it is for the let nature take its course and has not taken unnatural steps to
legislature, should it choose to do so, to arrest or interfere with what he was born with. To him belongs
determine what guidelines should govern the the human right to the pursuit of happiness and of health. Thus,
recognition of the effects of sex reassignment. to him should belong the primordial choice of what courses of
(Silverio v. Republic, G.R. No. 174689, 22 Oct. action to take along the path of his sexual development and
2007) maturation. (Republic v. Cagandahan, G.R. No. 166676, 12 Sept.
2008)
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (A.M. NO. 09-6-8-SC)
Q: What is a Temporary Environmental Protection Order (TEPO)?

A: If it appears from the verified complaint with a prayer for the issuance of a TEPO that the matter is of extreme
urgency and the applicant will suffer grave injustice and irreparable injury, the executive judge of the multiple-sala court
before raffle or the presiding judge of a single-sala court as the case maybe, may issue ex parte a TEPO effective for
only 72 hours from date of the receipt of the TEPO by the party or person enjoined.
Q: When can a Writ of Continuing Mandamus be issued?

A: When there is:
1. unlawful neglect in the performance of an act which the law specifically enjoins as a duty resulting from an
office, trust or station in connection with the enforcement or violation of an environmental law rule or
regulation, or a right therein; or
2. unlawful exclusion of another from the use or enjoyment of such right and both instances, there is no other
plain, speedy and adequate remedy in the ordinary course of law
NOTE: The respondent in this case is the government and its officers.
CRIMINAL PROCEDURE
CRIMINAL JURISDICTION
1. Jurisdiction over the subject matter: jurisdiction over the offense charged
2. Jurisdiction over the territory: venue is jurisdictional
3. Jurisdiction over the person of the accused: person must be brought to the forum
GR: Territory / venue is jurisdictional in a criminal case. Hence, for jurisdiction to be acquired by a court in a criminal
case, the offense should have been committed or any one of its essential ingredients should have taken place within the
territorial jurisdiction of the court
XPNs: TV2 CPL-BP22 P9 - PostSB (TV ito, Capal ng BP22, kasi nasa Page 9 yung Post ng StarBs)
1. An offense was committed on a railroad Train, in an aircraft, or in any other public or private vehicle in the
course of trip
2. Where the offense is committed on board a Vessel on its voyage
3. Felonies under Article 2 - cognizable by the court where the case was first filed
4. Continuous or Transitory Crimes
5. Piracy - triable anywhere
6. Libel
7. BP 22 Cases
8. Perjury
9. Violation of Sec. 9 of Migrant Worker and Overseas Filipino Act of 1995
10. Art. 315(2)(d) of the RPC / Postdating a check.
11. SandiganBayan cases
Q: What is the general rule in issuing a writ of injunction against criminal prosecution?
A: Writs of injunction or prohibition will not lie to restrain a criminal prosecution for the reason that public interest
requires that criminal acts be immediately investigated and prosecuted for the protection of society.
PROSECUTION OF OFFENSES
Criminal Actions are instituted by:

WHERE EFFECT OF
PRELIMINARY FOR ALL OTHER INSTITUTION OF CRIMES THAT CANNOT BE PROSECUTED DE
INVESTIGATION IS OFFENSES CRIMINAL OFFICIO
REQUIRED ACTIONS
Filing the complaint Filing the GR: Interrupts GR: All crimes initiated through an information or
with the proper complaint or the running of complaint are filed by a prosecutor.
officer for purposes information the period of
of conducting the directly with the prescription XPN: In cases of CASADA, the offended party must
requisite preliminary MTC and MCTC, be the one to file the complaint or the minors
investigation. or the complaint XPN: SPL parents, gparents / guardian.
with the office of provides diff. rule
the prosecutor Concubinage
Adultery
Seduction
Abduction
Defamation
Acts of Lasciviousness
PROSECUTION OF CIVIL ACTION
Q: What are the instances when the Reservation to file a Separate Civil Action is NOT Allowed
1. Criminal action for violation of BP 22; (Sec. 1(b), Rule 111, ROC, as amended)
2. A claim arising from an offense which is cognizable by the Sandiganbayan; and (Herrera, 2007)
3. Tax cases. (Sec. 7(b)(1), R.A. No. 9282)
Q: What are the elements of a prejudicial question? (SIR)
1. The civil action is Instituted prior to the criminal action;

2. The civil action involves issues that are Similar or intimately related to the issue raised in the subsequent
criminal action; and
3. The Resolution of such issue determines whether the criminal action may proceed.
Q: Is a void ab initio marriage a Valid Defense in the Prosecution for Bigamy even without a Judicial Declaration of
Absolute Nullity
TLDR: YES. An action for nullity of the second marriage is a prejudicial question to the criminal prosecution for bigamy.
Consequently, a judicial declaration of absolute nullity of either the first and second marriages obtained by the accused
is considered a valid defense in bigamy. Thus, when both the prior and subsequent marriages were contracted prior to
the effectivity of the Family Code (Aug. 3, 1988), a void ab initio marriage can be raised as a defense in a bigamy case
even without a judicial declaration of its nullity. (Pulido vs. People, GR No. 220149, July 27, 2021)
PRELIMINARY INVESTIGATION (R112)
Q: When is Preliminary Investigation (PI) required? (4-2-1)

A: Before the filing of a complaint or information for an offense where the penalty prescribed by law is imprisonment of
at least 4 years, 2 months and 1 day without regard to the imposable fine. (Sec. 1, Rule 112, ROC, as amended)
XPN: Lawful arrest without warrant under Sections 6 (already in detention/penalty is merely fine) and 7 (warrantless
arrests) of Rule 112
Q: What are the two kinds of determination of probable cause?
EXECUTIVE DETERMINATION JUDICIAL DETERMINATION
It is one made during preliminary investigation. It is a It is one made by the judge to ascertain whether a warrant
function that properly pertains to the public prosecutor of arrest should be issued against the accused. The judge
who is given a broad discretion to determine whether must satisfy himself that based on the evidence submitted,
probable cause exists and to charge those whom he there is necessity for placing the accused under custody in
believes to have committed the crime as defined by order not to frustrate the ends of justice. If the judge finds
law and thus should be held for trial no probable cause, the judge cannot be forced to issue the
arrest warrant.
Q: What is the effect when there is no prior written authority or approval of the provincial or city prosecutor or the
Ombudsman or his deputy?
A: Complaints or information filed before the courts without the prior written authority or approval of the foregoing
authorized officers renders the same defective and, therefore, subject to quashal pursuant to Sec. 3(d), Rule 117 of the
Revised Rules on Criminal Procedure. (Quisay v. People, G.R. No. 216920, 13 Jan. 2016)
ARRESTS (R113)
Instances of a valid warrantless arrest
WARRANTLESS ARREST GIST
In flagrante delicto When, in his presence, the person to be arrested, through overt acts, has
committed, is actually committing, or is attempting to commit an offense.
Doctrine of Hot Pursuit When an offense has been committed (element of immediacy) and he has
probable cause to believe based on personal knowledge of facts and
circumstances that the person to be arrested has committed it.
Evasion of Service by a Prisoner 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 is temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another.
Escapee When a person previously and lawfully arrested, escapes or is rescued, any
person may immediately pursue or retake him without a warrant at any time
and in any place within the Philippines
Jump Bail When an accused released on bail attempts to depart from the Philippines
without permission of the court where the case is pending;
Arrest by bondsmen For the purpose of surrendering the accused, the bondsmen may arrest him or
upon written authority endorsed on a certified copy of the undertaking, cause
him to be arrested by a police officer or any other person of suitable age and
discretion.
Buy-bust Operation A buy-bust operation is a form of entrapment, in which the violator is caught in
flagrante delicto and the police officers conducting the operation are not only
authorized but duty-bound to apprehend the violator and to search him for
anything that may have been part of or used in the commission of the crime.
Q: How long after the commission of the crime can a police officer still execute a warrantless arrest under the
Doctrine of Hot Pursuit? (2016 BAR)
A: In executing a warrantless arrest under Sec. 5, Rule 113 of the Revised Rules on Criminal Procedure, the SC held that
the requirement that an offense has just been committed means that there must be a large measure of immediacy
between the time the offense was committed and the time of the arrest. (Pestilos v. Generoso, G.R. No. 182601, 10 Nov.
2014). If there was an appreciable lapse of time between the arrest and the commission of the crime, a warrant of
arrest must be secured. In any case, personal knowledge by the arresting officer is an indispensable requirement to the
validity of a valid warrantless arrest.
Requisites of a valid warrantless arrest (P-P²EE-ParO)
1. Issued upon Probable cause

2. Probable cause must be Personally determined by the judge after Examination under oath of the complainant
and the witnesses he may produced (it may be the complainant and/or the witnesses, People v. Gabiosa, Sr.
(2020)
3. Judge must personally Evaluate the report of the prosecutor and the evidence during the PI
4. Must Particularly described the person to be arrested; and
5. Warrant must be in connection with a specific Offense or crime.
Warrant of Arrest vs. Search Warrant
Qualifier Warrant of Arrest Search Warrant
Definition Order directed to the peace officer to execute Order in writing in the name of the Republic of the
the warrant by taking the person stated therein Philippines signed by the judge and directed to the
into custody that he may be bound to answer for peace officer to search personal property
the commission of the offense. described therein and to bring it to court
Validity Does not become stale Valid for 10 days only
When served be served on any day and at any time of day or to be served only in daytime unless the affidavit
night alleges that the property is on the person or in the
place to be searched.
Examination judge is merely called upon to examine and the examination by the judge must be probing. Not
of Prosec’s evaluate the report of the fiscal and the evidence enough to merely adopt the questions and
report ans'M3rs asked by a previous investigator.
Q: If the accused is arrested in another city or province other than where the case is pending, where should he file for
bail?
A: Bail may be filed with any RTC of said place, or if no judge thereof is available, with any MTC judge, MCTC therein;
(Sec. 17(a), Rule 114, ROC, as amended)
Q: What are the forms of bail?

A: CorP-CaRe
Corporate bond
Property bond
Cash deposit / bond
Recognizance
Bail as a matter of right and of discretion
BAIL AS A MATTER OF RIGHT BAIL AS A MATTER OF DISCRETION
Before or after conviction by the MeTC, MTC, MTCC Upon conviction by the RTC of an offense not punishable by
or MCTC; death, reclusion perpetua or life imprisonment;
Before conviction by the RTC of an offense not Regardless of the stage of the criminal prosecution, a person
punishable by death, reclusion perpetua or life charged with a capital offense, or an offense punishable by
imprisonment reclusion perpetua or life imprisonment, when evidence of
guilt is not strong
Before final conviction by all children in conflict with A child in conflict with the law charged with an offense
the law for an offense not punishable by reclusion punishable by death, reclusion perpetua or life imprisonment
perpetua or life imprisonment. when evidence of guilt is not strong
NOTE: The court may deny bail on considerations other than the absence of the circumstances under S5 R114 as in the
court's prima facie determination that there is no substantial ground for the reversal of the conviction. On the other
hand, if any of the circumstances* are present, the court has no option but to deny or revoke bail. (Leviste vs. CA,
People, GR No.189122, March 17, 2010)
*Circumstances for Denial of Bail if the Penalty Imposed by the Trial Court exceeds 6 years but which is not death, life
imprisonment or reclusion perpetua (REPFA)
1. Recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime with AC of reiteration;
2. Escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid
justification;
3. Committed the offense while under Probation, parole, or conditional pardon;
4. Circumstances of his case indicate the probability of Flight if released on bail; or
5. Undue risk that he may commit Another crime during the pendency of the appeal. (Sec. 5, Rule 114, ROC, as
amended)
Requisites of a Voluntary Plea of Guilty (SOPO)

Spontaneous confession of guilt;
Open court;
made prior to the Presentation of evidence for prosecution;
Confession of guilt was to the Offense charged in the information.
Q: Is the presentation of evidence still required even if the accused pleads guilty?
A: The plea of guilty does not dispense with the presentation of evidence as it is merely a secondary basis of the guilt of
the accused. If the offense charged is a non-capital offense, the reception of evidence is merely discretionary on the
part of the court. Meanwhile, if the offense charged is a capital offense, the reception of evidence to prove the guilt and
degree of culpability of the accused is mandatory.
Searching Inquiry
The judge must convince himself that: Vol-RI
1. The accused is entering the plea Voluntarily and intelligently;

2. There exists a Rational basis for finding of guilt based on accused’s testimony; and
3. Inform the accused of the exact length of imprisonment and the certainty that he will serve it in a national
penitentiary.
People v. Pagal, G.R. No. 241257, 02 Sept. 2020

In every case where the accused enters a plea of guilty to a capital offense, especially when he is ignorant with little or
no education, the proper and prudent course to follow is to take such evidence as are available and necessary in
support of the material allegations of the information, including the aggravating circumstances therein enumerated, not
only to satisfy the trial judge himself but also to aid the Supreme Court in determining whether the accused really and
truly understood and comprehended the meaning, full significance, and consequences of his plea.
Improvident Plea, Instances V-DINN
1. Plea of guilty was compelled by Violence or intimidation;

2. The accused Did not fully understand the meaning and consequences of his plea;
3. Insufficient information to sustain conviction of the offense charged;
4. Information does Not charge an offense; or
5. Court has No jurisdiction.
Effect of an Improvident Plea: The court shall set aside the judgment of conviction and reopen the case for new trial.
Convictions based on an improvident plea of guilt are set aside only if such plea is the sole basis of the judgment.
(People v. Documento, G.R. No. 188706, 17 Mar. 2010)
Motion to Quash (R117)
AS TO GROUNDS (FOPACMELD) AS TO REMEDY
1. The Facts charged do not constitute an offense; If the MtQ is denied, the accused should:
2. LoJ over the Offense charged; (PGA / PiGA)
3. LoJ over the Person of the accused;
4. Lo Authority of the officer to file information; 1. Plead;
5. When the complaint or information does not Conform substantially 2. Go to trial without prejudice to the
to the prescribed form; special defenses he invoked in the
6. Multiplicity of offenses charged; motion; and
7. Extinction of criminal action or liability; 3. Appeal from the judgment of
8. Legal excuse or justification; or conviction, if any, and interpose the
9. Double Jeopardy denial of the motion as an error.
*this enumeration is exclusive
Elements of Double Jeopardy WC-IPO-SFN (WelCome, IPO - SiFoN)
1. Conviction or acquittal, or dismissal was made Without the consent of the accused;
2. Conviction or acquittal, or dismissal was made by a Court of competent jurisdiction;
3. A valid Information sufficient in form and substance to sustain a conviction of the crime charged;
4. Accused enters a valid Plea; and
5. The subsequent prosecution is for an Offense which is:
a. the Same as in the former complaint or information;

b. Frustration of; or
c. for any offense which is Necessarily included in the offense charged in the former complaint or
information.
PRE-TRIAL AGREEMENT
All agreements or admissions made or entered into during the pre-trial conference shall be reduced in writing and
signed by the accused and counsel; otherwise, the same cannot be used against the accused. (Sec. 2, Rule 118, ROC, as
amended) (2004 BAR)
Presence of accused, when required

Accused may waive his presence at all stages of the criminal action, except (APJI) at the Arraignment, Promulgation of
Judgment or when required to appear for Identification.
Two or more accused charged

GR: When two or more persons are jointly charged with an offense, they shall be tried jointly.
XPN: The court in its discretion and upon motion of the prosecutor
NOTE: If the trial is separate, the testimony of one accused imputing the crime to his co-accused is not admissible
against the latter. In joint trial, it would be admissible if the latter had an opportunity for cross-examination.
TRIAL, R119
Trial in Absentia, Effects

The accused waives the right to present evidence and cross-examine the witnesses against him. The accused’s waiver
does not mean, however, that the prosecution is deprived of the right to require the presence of the accused for
purposes of identification by the witnesses which is vital for conviction of the accused, except where he unqualifiedly
admits in open court after his arraignment that he is the person named as defendant in the case on trial.
Requisites before an Accused may become a State Witness: JB-PC-S ANC-NC (si JoBert ay PiCon Sa ANC, kasi state
witness aNaC nya)
1. Two or more accused are Jointly charged with the commission of an offense;
2. The motion for discharge is filed by the prosecution Before it rests its case;
3. The prosecution is required to Present evidence and the sworn statement of each proposed state witness at a
hearing in support of the discharge;
4. The accused gives his Consent to be a state witness; and
5. The trial court is Satisfied that:
a. There is Absolute necessity for the testimony of the accused whose discharge is requested;
b. There is No other direct evidence available for the proper prosecution of the offense committed, except
the testimony of the said accused;
c. The testimony of said accused can be substantially Corroborated in its material points;
d. Said accused does Not appear to be the most guilty; and
e. Said accused has not at any time been Convicted of any offense involving moral turpitude. (Sec. 17,
Rule 119, ROC, as amended)
Q: When can a state witness' testimony be used against him?

A: When the accused later retracts his testimony and fails to keep his part of the agreement. (People v. Beberino, G.R.
No. L-23092, 28 Oct. 1977)
Demurrer to Evidence
Q: After the prosecution rests its case, can the court dismiss the action motu proprio on the ground of insufficiency of
evidence?
A: YES. Rule 119, S23 provides that the court on its own initiative, after giving the prosecution opp. to be heard, may
dismiss the action.
Q: Do oral judgments have legal effects?

A: NO. An oral dismissal of a criminal case does not attain the effect of judgment of acquittal. Itt is still within the
powers of the judge to set aside and enter another order. This is because the order of dismissal must be written and
signed by the judge. (Abay Sr. v. Garcia, G.R.No. L-66132, 27 June 1988)
Q: X filed an information against Y alleging two offenses. However, Y failed to object to it before trial. Can Y be
convicted as charged?
A: YES, the court may convict him of as many offenses as are charged and proved, and impose on him the penalty of
each offense, setting out separately the findings of the fact and law in each offense. (Sec. 3, Rule 120, ROC, as
amended)
NOTE: The failure to object is tantamount to a waiver.
Q: What is the variance doctrine in criminal procedure?

A: When the offense as charged is included in or necessarily includes the offense proved, the accused shall be
convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in
the offense proved. (Sec. 4, Rule 120, ROC, as amended)
NOTE: The accused can be convicted of an offense only when it is both charged and proven.
Q: What is the Berry Rule? AN-New-Weight

A: This rule provides the requisites before a New Trial may be Granted on Ground of Newly Discovered Evidence: (Berry
has AN-New-Weight)
1. The evidence was discovered After trial;

2. Such evidence could Not have been discovered and produced at the trial even with the exercise of reasonable
diligence;
3. It is NEW and material, not merely cumulative, corroborative or impeaching; and
4. The evidence is of such a WEIGHT that it would probably change the judgment if admitted. (Tadeja v. People,
G.R. No. 145336, 20 Feb. 2013)
SEARCH AND SEIZURE (R126) POPPEDS (Nagpa-pop-pedicures)
Requisites for a valid search warrant
1. issued upon Probable cause;

2. in connection with One specific offense;
3. must Particularly describe or identify the property to be seized as far as the circumstances will ordinarily allow;
4. must Particularly describe the place to be searched and the persons or things to be seized;
5. judge must have personally Examined, in the form of searching questions and answers, the applicant and his
witnesses;
6. probable cause must be Determined by the issuing judge personally; and
7. Sworn statements together with the affidavits submitted by witnesses must be attached to the record.
(Prudente v. Dayrit, G.R. No. 82870, 14 Dec. 1989)
Q: Police Officer X was armed with a search warrant issued by the RTC judge. Police officer X went to the house of Y
and served the search warrant legally procured. The moment police officer X reached the house of Y, upon seeing Y,
police officer X immediately placed handcuffs on Y. Thereafter, they searched the room of Y, the entire house, in the
presence of the barangay captain whom they brought along. Y, at the time of the search, was just left standing near
the door, being guarded by other police officers. Police officer X found the plastic sachet of shabu, which is the
subject of the search inside the house of Y. Is the search and seizure valid? Is PO X liable for any crime?
A: NO. The search was not valid. Police officer X's procedure in the conduct of the search violates Section 8, Rule 126 of
the Rules of Court and such act is punishable under Article 130 of the RPC. Under the Rules of Court, it is only in the
presence of the lawful occupant of the house or any member of his family that the search can be done. And it is only in
their absence that the search is required to be witnessed by two persons residing in the same locality. In this case, the
same was not followed. The police officers did not have the discretion to substitute their choice of witnesses for the
witnesses prescribed by law.
In this case, while the search was ongoing, the owner of the house was not allowed to witness it. He was placed with
handcuffs standing at the door. Therefore, the said police officer will be liable for violation of Article 130 of the RPC for
failing to comply with the rules provided for under Section 8 Rule 136 of the ROC.
Instances of valid warrantless searches (SCI SPECIES/Science Species)
1. Search incident to lawful arrest;

2. Consented search (waiver of right);
3. Inspection of buildings and other premises for the enforcement of fire, sanitary, and building regulations.
4. Search of moving vehicle (Caroll doctrine);
5. Plain view doctrine;
6. Exigent and emergency circumstances; and
7. Checkpoints; body checks in airports;
8. Immediate control test;
9. Enforcement of custom laws;
10. Stop and frisk situations (Terry doctrine);
Q: What is a Terry Search?

A: A valid “stop” by an officer requires that he has a reasonable and articulable belief that criminal activity has happened
or is about to happen. The “frisk” made after the “stop” must be done because of a reasonable belief that the person
stopped is in possession of a weapon that will pose danger to the officer and others. The “frisk” must be a mere pat
down outside the person’s outer garment and not unreasonably intrusive. (Riano, 2019)
Cybercrime Warrants (BAR 2019 & 2022) Warrant to DCD-ICD-ECD & SSECD
Warrant to Disclose Warrant to Intercept Computer Data Warrant to Examine Warrant to

Computer Data (WDCD) (WICD) Computer Data (WECD) Search, Seize and
SIR- Traffic activities: LRMS Examine
Computer Data
(WSSECD)
A WDCD is an order in A WICD is an order in writing issued in Upon acquiring A WSSECD is an

writing issued in the name the name of the People of the possession of a computer order in writing
of the People of the Philippines, signed by a judge, upon device or computer issued in the
Philippines, signed by a application of law enforcement system via a lawful name of the
judge, upon application of authorities, authorizing the latter to warrantless arrest, or by People of the
law enforcement carry out any or all of the following any other lawful method, Philippines,
authorities, authorizing activities: (a) listening to, (b) law enforcement signed by a judge,
the latter to issue an order recording, (c) monitoring, or (d) authorities shall first upon application
to disclose and surveillance of the content of apply for a warrant before of law
accordingly, require any communications, including procuring searching the said enforcement
person or service of the content of computer data, either computer device or authorities,
provider to disclose or directly, through access and use of a computer system for the authorizing the
submit Subscriber's computer system or indirectly, through purpose of obtaining for latter to search
Information, Traffic data, the use of electronic eavesdropping or forensic examination the the particular
or Relevant data in tapping devices, at the same time that computer data contained place for items to
his/her or its possession the communication is occurring. therein. be seized and/or
or control. examined.
EVIDENCE
REQUISITES FOR ADMISSIBILITY OF EVIDENCE
1. The evidence is relevant to the issue; and
NOTE: It is relevant if it has such a relation to the fact in issue as to induce belief in its existence or non-existence. (Sec.
4, Rule 128, ROC, as amended)
2. The evidence is competent.
NOTE: The evidence is competent when it is not excluded by the Constitution, the law, or the Rules of Court.
Competency is determined by the prevailing exclusionary rules of evidence.
Direct evidence vs. Circumstantial Evidence
DIRECT EVIDENCE CIRCUMSTANTIAL EVIDENCE
That which proves a fact in issue indirectly through an inference which the fact finder
draws from the evidence established
That which proves a fact When can circumstantial evidence be sufficient for conviction? MCP
without the need to
make an inference from 1. There is More than one circumstance;
another fact. 2. The Combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt.
3. The facts from which the inferences are derived are Proven; (Sec. 4, Rule 133,
ROC, as amended)
Credibility of Evidence
People v. XXX and YYY, G.R. No. 225288, 28 June 2021, J. Hernando
The trial court’s assignment of probative value to witnesses’ testimonies will not be disturbed except when significant
matters were overlooked, because it “has the opportunity to observe the demeanor of a witness on the stand.” The trial
court’s findings acquire even greater weight once affirmed on appeal.
Judicial Notice and Judicial Admissions
WHEN JUDICIAL
FACTS THAT NEED NOT BE
WHEN JUDICIAL NOTICE IS MANDATORY NOTICE IS
PROVEN
(PAPELL, OMG!!!) DISCRETIONARY
(Ju2-I-DRACA)
(PDF)
1. Courts may take Judicial 1. Political constitution and history of the 1. Matters of Public
notice; Philippines; knowledge
2. Judicially admitted; 2. Admiralty and maritime courts of the world and 2. Capable of
3. Immaterial allegations; their seals; unquestionable
4. Disputably presumed but 3. Political history, forms of government and Demonstration
uncontradicted; symbols of nationality; 3. Ought to be known to
5. Res Ipsa Loquitur; and 4. Existence and territorial extent of states; judges because of
6. Admitted or not denied 5. Law of nations; their judicial
provided they have been 6. Laws of nature; Functions
sufficiently alleged; 7. Official acts of legislative, executive and judicial
7. Conclusively presumed; departments of the National Government of the
8. Admissions by adverse Philippines;
party. 8. Measure of time; and
9. Geographical divisions.
NOTE: This list is exclusive

Judicial notice of foreign laws
GR: Courts cannot take judicial notice of foreign laws. They must be alleged and proved.
XPN: When said laws are within the actual knowledge of the court and such laws are:
1. Well and generally known; or

2. Actually ruled upon in other cases before it; and none of the parties claim otherwise
Q: How is a foreign law proven?

A: A written foreign law 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 deputy, and accompanied,
If the record is not kept in the Philippines: with a certificate that such officer has the custody,
If the office in which the record is kept is in a foreign country: the certificate may be
1. made by a secretary of the embassy or legation, consul general, consul, vice-consul, or consular agent or by any
officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and
2. Such certificate must be authenticated by the seal of his office. (Sec. 24, Rule 132, ROC, as amended; Zalamea
v. Court of Appeals, G.R. No. 104235, 18 Nov. 1993).
Object Evidence
Requisites of Admissibility of Object / Real Evidence (RACO)
1. It must be Relevant and Competent;

2. It must be Authenticated;
3. The authentication must be made by a Competent witness who should identify the object to be the actual thing
involved; and
4. The object must be formally Offered in evidence. (Riano, 2019)
NOTE: For quick memory aid, for Documentary Evidence, change #3 (Competent witness) to M (documents must be
identified and Marked) and add #3 to #2 (it must be authenticated by a Competent witness)
Q: What is the Vallejo Standard?

A: In assessing the probative value of DNA evidence and determine its admissibility, the court is guided by the following
standards: A-CoCo-PHP (A CoCo in Pesos)
1. Qualification of the Analyst who conducted the tests.

2. How the samples were COllected;
3. The possibility of COntamination of the samples;
4. The Procedure followed in analyzing the samples;
5. How they were Handled; and
6. Whether the Proper standards and procedures were followed in conducting the tests. (People v. Vallejo, G.R.
No. 144656, 09 May 2002)
Documentary Evidence
Documents as evidence consist of writings, recording, photographs, or any material containing letters, words, sounds,
numbers, figures, symbols, or their equivalent, or other modes of written expressions, offered as proof of their contents.
Photographs include still pictures, drawings, stored images, x-ray films, motion picture or videos
Original Document Rule

It provides that when the subject of the inquiry is the contents of the document, writing, recording, photograph
or other record, no evidence shall be admissible other than the original document itself
Secondary Evidence
Q: What is Laying the Basis or Laying the Predicate rule in secondary evidence? (2000 BAR)
A: These are the requisites before the Contents of the original document may be proved by secondary evidence. The
offeror must prove the following: (Ex-CU)
1. The Execution or existence of the original document;

2. The Cause of its unavailability; and
3. The Unavailability of the original is not due to bad faith on his or her part. (Sec. 5, Rule 130, ROC, as amended)
NOTE: (EELC) Accordingly, the correct order of proof is as follows: Existence, Execution, Loss, and Contents. This order
may be changed, if necessary, at the sound discretion of the court.
Parol Evidence
DEFINITION REQUISITES EXCEPTIONS
It is any evidence aliunde VR-BT (VeRBaTim) The party must put in issue in a verified complaint the
(extrinsic evidence) 1. There must be a Valid following: (FIVE)
which is intended or contract; 1. Failure of the written agreement to express the
tends to vary or 2. The terms of the true intent of the parties thereto; (2001 BAR)
contradict a complete
agreement must be 2. Intrinsic ambiguity, mistake or imperfection in
and enforceable
agreement embodied in a Reduced to writing. the written agreement;
document. It may refer to 3. The dispute is Between 3. Validity of the written agreement; or
testimonial, real, or the parties or their 4. Existence of other terms agreed to by the
documentary evidence. successors in- interest; parties or their successors in interest after the
and execution of the written agreement. (Sec. 10,
4. There is dispute as to the Rule 130, ROC, as amended)
Terms of the agreement.
Testimonial Evidence
Who can be a witness; disqualifications
WHO CAN BE A
FACTORS THAT DO NOT AFFECT WHO ARE DISQUALIFIED
WITNESS
PRIC (DP - DAMMiPu)
PerMON
1. Who can Perceive 1. Political belief 1. Disqualification by reason of marriage /

2. Who can Make 2. Religious belief marital disqualification rule
known his perception 3. Interest in the outcome of the case 2. Privileged communication (DAMMiPu)
to others 4. Conviction of a crime, except as
3. Must take an Oath or provided by law: a. Doctor-patient privilege;
affirmation b. Attorney-client privilege;
4. Must Not possess a. Convicted of perjury, falsification c. Marital privilege;
any of the or false testimony; and d. Minister-penitent privilege; or
disqualifications b. Convicted of an offense involving e. Public officer as regards
under the law moral turpitude cannot be a state communications made in official
witness confidence.
Disqualification by reason of marriage vs. Spousal Privilege
DISQUALIFICATION BY REASON OF SPOUSAL PRIVILEGE

MARRIAGE VC-RN (busy right now)
PaLEN
1. spouse for or against whom the 1. A Valid marriage between the husband and wife;
testimony of the other is offered is a 2. Communication received in confidence by one from the other;
Party to the case; 3. confidential communication was Received during the marriage; and
2. spouses are Legally married (valid until 4. spouse against whom such evidence is being offered has Not given
annulled); his or her consent to such testimony.
3. testimony is offered during the
Existence of the marriage; and NOTE: Information acquired by a spouse before the marriage even if
4. case is Not by one against the other. received confidentially will not fall squarely within the privilege
(Herrera, 1999)
Q: What is the last link doctrine?

A: Where the government’s lawyers have no case against an attorney’s client unless, by revealing the client’s name, the
said name would furnish the only link that would form the chain of testimony necessary to convict an individual for a
crime. (Regala v. Sandiganbayan, G.R. No. 105938, 03 Sept. 1996)
Q: A, married to B, killed the latter. One of the witnesses was C, the mother of B, who was being compelled to testify
against A. Can A object on the ground of parental privilege?
A: NO. C is not a direct ascendant of A but that of B, being the mother of the latter. Thus, the privilege does not belong to
A.
Q: What is the difference between an admission and a confession?

ADMISSION CONFESSION
A statement of fact which does not involve an A statement of fact which involves an acknowledgment
acknowledgment of guilt or liability. of guilt or liability.
May be made by third persons and in certain cases, are Can be made only by the party himself and, in some
admissible against a party. instances, are admissible against his co-accused.
Applies to both criminal and civil cases. Applies only to criminal cases.
May be express or tacit. Must be express
Q: What are the requisites for the admissibility of confession? (W/ NO VICE)
A:
1. Writing and signed by such person in the presence of his counsel or in the latter’s absence, upon a valid waiver
and in the presence of any of the parents,
2. NO violation of Sec. 12, Art. III, 1987 Constitution; and
3. given Voluntarily; (People v. Nishishima, 57 Phil. 26)
4. Intelligently made (Bilaan v. Cusi, G.R. No. L-18179, 29 June 1962), the accused realizing the importance or
legal significance of his act; (U.S. v. Agatea, 40 Phil. 596)
5. Facts admitted must be Constitutive of a criminal offense; (U.S. v. Flores, 26 Phil. 262)
6. Involve an Express and categorical acknowledgement of guilt; (U.S. v. Corrales, 28 Phil. 362)
Q: What are interlocking confessions?

A: Extrajudicial confessions independently made without collusion which are identical to each other in their essential
details corroborated by other evidence against the persons implicated are admissible to show the probability of the
latter’s actual participation in the commission of a crime. Where the confession is used as circumstantial evidence to
show the probability of participation by an accused as a co-conspirator, that confession is receivable as evidence
against him.
NOTE: Interlocking confessions are not enough to convict an accused. There must be proof of the corpus delicti to
prove the guilt of the accused.
Hearsay and exceptions to hearsay
Q: What are the requisites for the admissibility of a dying declaration? How about for res gestae?
A: CICO
1. The declaration Concerns the cause and the surrounding circumstances of the declarant’s death;
2. It is made when death appears to be Imminent and the declarant is under consciousness of an impending
death;
3. The declarant would have been Competent to testify had he or she survived; and
4. The dying declaration is Offered in a case in which the subject inquiry involves the declarant’s death. (People of
the Philippines v. Gatarin, G.R. No. 198022, 7 Apr. 2014)
Res Gestae SBO (StarBucks Overated)

1. the principal act, the res gestae, be a Startling occurrence;
2. statements were made Before the declarant had the time to contrive or devise a falsehood; and
3. the statements must concern the Occurrence in questions and its immediate attending circumstances.(People
of the Philippines v. Estibal, G.R. No. 208749, 26 Nov. 2014)
Q: What are the requisites for a testimony in a former proceeding to apply?

A: DF-SF-O (Delivery Fee, Shipping Fee, Offered in a former proceeding)
1. The witness is Dead or unable to testify;

2. His testimony or deposition was given in a Former case or proceeding, judicial or administrative, between the
same parties or those representing the same interests;
3. The former case involved the Same subject as that in the present case, although on different causes of action;
4. The issue testified to by the witness in the Former trial is the same issue involved in the present case; and
5. The adverse party had an Opportunity to cross-examine the witness in the former case. (Ambray v. Tsuorous,
G.R. No. 209264, 05 July 2016)
Q: What are independently relevant statements? (2010, 2009, 2005, 1999 BAR)
A: These are statements which are relevant independently of whether they are true or not. They are neither hearsay nor
an exception to the hearsay rule as the purpose thereof is not to prove the truth of the declaration or document. (Estrada
v. Desierto, supra) It merely proves the fact that a statement was made and not the truth of the fact asserted in the
statement.
Opinion Rule
GR: Opinion of the witness is not admissible

XPN:
1. Opinion of expert witness; and
2. Opinion of ordinary witnesses.
Q: Is the testimony of a handwriting expert conclusive evidence?

A: The opinion of handwriting experts is not necessarily binding upon the court. A finding of forgery does not depend
entirely on the testimonies of handwriting experts, because the judge must conduct an independent examination of the
questioned signature in order to arrive at a reasonable conclusion as to its authenticity. (Gepulle- Garpo v. Sps.
Garabato, G.R. No. 200013, 14 Jan. 2015)
Examination of Witnesses
Examination of witnesses must be done in OUA: Open court, Under oath or Affirmation
NOTE: Witnesses also have their right against self-incrimination. However, a witness must answer to the fact of his or
her previous final conviction for an offense.
Leading and Misleading Questions

Leading Qs - generally not allowed, subject to exceptions
Misleading Qs - totally not allowed
NOTE: 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. (Sec. 13, Rule 132, ROC, as amended)
Q: What is the laying the predicate rule in impeaching a witness?

A:
1. The prior inconsistent statements must be related to him or her, with the circumstances of the times and
places and the persons present;
2. The witness must be asked whether he or she made such statements, and if so, be allowed to explain them;
and
3. If the statements be in writing it must be shown to the witness before any question is put to him or her
concerning them. (Sec. 14, Rule 132, ROC, as amended)(1996 BAR)
JUDICIAL AFFIDAVIT RULE
Contents of a JA (2016 BAR)

A judicial affidavit shall be prepared in a language known to the witness and, if not in English or Filipino, accompanied by
a translation in English or Filipino, and shall contain the following: NaNa-SQ-SJS
1. The NAme, age, residence or business address, and occupation of the witness;
2. The NAme and address of the lawyer who conducts 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 the facts 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 the Rules of Court;
5. The Signature of the witness over his printed name;
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. (Sec. 3, JAR); and
7. A Sworn attestation by the lawyer who conducted or supervised the examination of the witness attesting to the
following: Faith no Coach
a. He Faithfully recorded or caused to be recorded the questions he asked and the corresponding
answers that the witness gave; and
b. Neither he nor any other person present or assisting him Coached the witness regarding the latter's
answers. (Sec. 4, JAR)
Hierarchy of Quantum of Evidence
RULES ON ELECTRONIC EVIDENCE
An electronic document shall be regarded as the equivalent of an original document under the [Original Document Rule]
if it is a printout or output readable by sight or other means, shown to reflect the data accurately. (Sec. 1, Rule 4, A.M.
No.01-07-01-SC)
Copies as equivalent of originals
1. A document is in two or more copies executed at or about the same time with identical contents; or
2. It 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 accurately
reproduces the original. (Sec. 2, Rule 4, A.M. No.01-07-01-SC)
LEGAL ETHICS
Definition of Practice of Law (LLKET)

Practice of law means any activity, in or out of court, which requires the application of Law, Legal procedure, Knowledge,
Training, and Experience. (Cayetano v. Monsod, G.R. No. 100113, 03 Sept. 1991)
The following acts, among others, constitute practice of law:

1. Giving legal advice and instructions to clients to inform them of their rights and obligations;
2. Preparation of documents requiring knowledge of legal principles not possessed by an ordinary layman;
3. Appearance for clients before courts and tribunals; and
4. Notarial acts.
NOTE: The practice of law is a privilege burdened with conditions and is reserved only for those who meet the twin
standards of legal proficiency and morality. It is so delicately imbued with public interest that it is both a power and a
duty of this Court to control and regulate it in order to protect and promote the public welfare. (Hernando Petelo v. Atty.
Socrates Rivera, A.C. No. 10408, 16 Oct. 2019, as penned by J. Hernando)
Practice of law as a privilege and not a right

The practice of law is not a natural, property or constitutional right, but a mere privilege. It is not a right granted to
anyone who demands it but a privilege to be extended or withheld in the exercise of sound judicial discretion. It is a
privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness. (Pineda, 2009)
Law as a profession, not business or trade

The legal profession is not a business. It is not a moneymaking trade similar to that of a businessman employing a
strategy for monetary gain. It is a sacred profession imbued with public interest whose primary objective is public
service, as it is an essential part in the administration of justice and a profession in pursuit of which pecuniary reward is
considered merely incidental. The practice of law is a noble calling in which emolument is a by-product, and the highest
eminence may be attained without making much money.
Qualifications for admission to the Bar
Academic requirements for the Continuing Requirements for

Requirements for the admission to
admission to the bar (UBLaw) membership in the Bar (TIP-SM-GC)
the Bar: C21 - GRENA - PaTS
(UB Law, BGC emeh) (TIP ko ay SM GC)
1. Citizen of the Philippines; 1. Had pursued and satisfactorily The following are the continuing
2. At least 21 years of age; completed in an authorized and requirements for the practice of law:
3. Of Good moral character; recognized University or college 1. Payment of Professional Tax
4. A Resident of the Philippines; which requires for admission the 2. Membership in the IBP
5. Must produce before the SC completion of a 4-year high
3. Payment of IBP dues
satisfactory Evidence of good school course;
moral character; 2. The course of study prescribed 4. Good and regular Standing
6. No charges against him, therein for a Bachelor’s degree in 5. Compliance with the Mandatory
involving moral turpitude, have Arts or Sciences; and Continuing Legal Education
been filed or are pending in any 3. A 4-year bachelor’s degree in Law (MCLE)
court in the Philippines; (Sec. 2, with completed courses in civil 6. Possession of Good moral
Rule 138, ROC) law, commercial law, remedial character; and
7. Must have complied with the law, criminal law, public and 7. Compliance with the Citizenship
Academic requirements; private international law, political requirement
8. Pass the bar examinations; law, labor law and social
9. Take the Lawyer’s Oath; and legislation, medical
10. Sign the Roll of Attorneys. jurisprudence, taxation and legal
ethics (RULES OF COURT, RULE
138, Secs 5 & 6, as amended by
Bar Matter No. 1153).
Non-Compliance Fee, MCLE
A non-compliant lawyer must pay a non-compliance fee of PhP1,000.00 and still comply with the MCLE requirements
within a 60-day period, otherwise, he/she will be listed as a delinquent IBP member after investigation by the IBP-CBD
and recommendation by the MCLE Committee. The non-compliance fee is simply a penalty imposed on lawyers who do
not meet the MCLE requirements within the designated compliance period and does not grant any exemption from
compliance to those who have paid it. (Turla v. Atty. Caringal, A.C. No. 11641, March 12, 2019).
Appearance of Non-Lawyers
Law Student Practice Rule (Rule 138-A, as amended by A.M. No. 19-03-24-SC)
A law student who has successfully completed his 3rd of the regular four (4)-year prescribed law curriculum and is
enrolled in a recognized law school's CLEP approved by the Supreme Court, may appear without compensation in any
civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients
accepted by the legal clinic of the law school. (Sec. 1, Rule 138-A)
Revised Law Student Practice Rule

The basic distinction between the two levels involves the minimum academic requirement the law student has
successfully completed: for Level 1 Certification – first-year law courses, while for Level 2 Certification – third-year law
courses.
Q: What are the exceptions to the rules that only those who are members of the bar can appear in court? (LCA-GLaC)
A: As exceptions to Rule 138, Sec. 1, the following are instances wherein those who are not members of the bar can
appear in court:
1. Appearance of Law students pursuant to the Law Student Practice Rule (A.M. No. 19-03-24-SC);
2. Appearance of non-lawyers in Courts when expressly allowed by the Rules of Court (ex: appearance in the MTC)
3. Appearance of non-lawyers in Administrative tribunals when expressly allowed by law;
4. Appearance by a person authorized to appear for the Government (RULES OF COURT, Sec. 138, Sec. 33);
5. Appearance of non-lawyers before the Labor Arbiter and/or the National Labor Relations Commission (2011
NLRC Rules of Procedure, Rule III, Sec. 6); and
6. Appearance of non-lawyers before the Cadastral Court (Act. No. 225, otherwise known as “The Cadastral Act”,
Sec. 9).
When a party-litigant can represent himself
1. civil cases, an individual litigant has the right to conduct his litigation personally;
2. criminal cases in light offenses, a party-litigant can represent themselves.
3. criminal cases, in grave and less grave offenses, an accused who is a layman must always appear by counsel
Where Lawyers are Prohibited to Appear as Counsels - 1) small claims 2) katarungang pambarangay
The New Lawyer’s Oath

Pursuant to the Code of Professional Responsibility and Accountability (CPRA) (A.M. No. 22-09-01-SC, 13 Apr. 2023)
I, __________, do solemnly swear that I accept

the honor, privilege, duty, and responsibility (HPDRe)
of practicing law in the Philippines
as an officer of the court in the interest of our people.
I declare fealty to the Constitution of the Republic of the Philippines.

In so doing, I shall work towards promoting
the rule of law in a regime
of truth, justice, freedom, love, equality, and peace. (TJFLEP)
I shall conscientiously and courageously work for justice

as well as safeguard the rights and meaningful freedoms
of all persons, identities and communities.
I shall ensure greater and equitable access to justice.
I shall do no falsehood, nor shall I pervert the law

to unjustly favor or prejudice anyone
I shall faithfully discharge these duties and responsibilities
to the best of my ability, with integrity and utmost civility
I impose upon myself without mental reservation

nor purpose of evasion
so help me God.
Duties and Responsibilities of a Lawyer Under the Code of Professional Responsibility
TO THE BAR/LEGAL
TO THE PUBLIC / SOCIETY PROFESSION TO THE COURTS TO THE CLIENTS
(Canons 1-6) (Canons 7-9) (Canons 10-13) (Canons 14-22)
CFCT
He must not undertake any action, A lawyer observes Candor, A lawyer must maintain The lawyer owes entire devotion to the interest
which violates his responsibility to Fairness, Courtesy and towards the court a of his client, warm zeal in the maintenance of
the society as a whole; he must be Truthfulness in his conduct respectful attitude, the defense of his rights and exertion of
an example in the community for towards other lawyers, avoid defend against unjust utmost learning ability to the end that nothing
his uprightness as a member of the encroachment in the criticisms, uphold the be taken or withheld from his client except in
society. The lawyer must be ready business of other lawyers court’s authority and accordance with law. He owes a duty of
to render legal aid, foster legal and uphold the honor of the dignity, obey court orders, competent and zealous representation to the
reforms, be a guardian of due profession. processes, and assists in client, and should preserve his client’s secrets,
process, and be aware of his special the administration of preserve his funds and property and avoid
role in solving special problems and justice. conflicts of interest.
be always ready to lend assistance
in the study and solution of social
problems.
1 A lawyer shall uphold the 7 A lawyer shall at all 10 A lawyer owes 14 A lawyer shall not refuse his services to
constitution, obey the laws of times uphold the candor, fairness the needy.
the land and promote respect integrity and dignity of and good faith to
for law of and legal processes. the legal profession and the court.
support the activities of
the integrated bar.
2 A lawyer shall make his legal 8 A lawyer shall conduct 11 A lawyer shall 15 A lawyer shall observe candor, fairness
services available in an himself with courtesy, observe and and loyalty in all his dealings and
efficient and convenient fairness and candor maintain the transactions with his clients.
manner compatible with the towards his respect due to the
independence, integrity and professional courts and to
effectiveness of the colleagues, and shall judicial officers
profession. avoid harassing tactics and should insist
against opposing on similar conduct
counsel. by others.
3 A lawyer in making known his 9 A lawyer shall not, 12 A lawyer shall exert 16 A lawyer shall hold in trust all moneys
legal services shall use only directly or indirectly, every effort and and properties of his client that may
true, honest, fair, dignified and assist in the consider it his duty come into his profession.
objective information or unauthorized practice to assist in the
statement of facts. of law. speedy and
efficient
administration of
justice.
4 A lawyer shall participate in the 13 A lawyer shall rely 17 A lawyer owes fidelity to the cause of his
development of the legal upon the merits of client and he shall be mindful of the trust
system by initiating or his cause and and confidence reposed in him.
supporting efforts in law refrain from any
reform and in the improvement impropriety which
of the administration of justice. tends to influence,
or gives the
5 A lawyer shall keep abreast of appearance of 18 A lawyer shall serve his client with
legal developments, participate influencing the competence and diligence.
in continuing legal education court.
programs, support efforts to
achieve high standards in law
schools as well as in the
practical training of law
students and assist in
disseminating the law and
jurisprudence.
6 These canons shall apply to 19 A lawyer shall represent his client with
lawyers in government zeal within the bounds of the law.
services in the discharge of
their tasks. 20 A lawyer shall charge only fair and
reasonable fees.
21 A lawyer shall preserve the confidence

and secrets of his client even after the
attorney-client relation is terminated.
22 A lawyer shall withdraw his services only

for good cause and upon notice
appropriate in the circumstances.

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LAST MINUTE NOTES

REMEDIAL LAW &

BAR REVIEW NOTES / MEMAID

MODE OF DISCOVERY DESCRIPTION / DEFINITION

Q: When may depositions be availed of?

1. Deposition de BENE esse- during a pending action

Q: What is the order of trial in ordinary civil actions

Q: May there be consolidation of cases pending in different branches?

Judgment on the pleadings vs. Summary Judgment

Motion for New Trial v. Motion for Reconsideration

Q: What is the Fresh Period Rule? (Neypes Doctrine)

APPEAL FROM COMELEC & COA (R64)

PETITION FOR RELIEF FROM JUDGMENT (R38)

A veriﬁed petition for relief of judgment must be ﬁled…

EXECUTION, SATISFACTION AND EFFECT OF JUDGEMENTS (R39)

Q: What is the supervening fact doctrine?

Nature, Purpose, and Jurisdiction Over Provisional Remedies

PRELIMINARY ATTACHMENT (R57)

Q: What is an attachment bond?

PRELIMINARY INJUNCTION (R58)

GROUNDS (R²IV) EFFECTIVITY EFFECTS

DEFINITION PURPOSE REQUISITES (ED-VerN-BR)

administer, dispose of and prevent of the parties during: dissipated

1. Protect plaintiff’s right of possession to property; or

Requisites to apply for the issuance of a writ of replevin: Co-Pa-Bond

Nature of an action for Replevin

SPECIAL CIVIL ACTIONS

JURISDICTION AND VENUE (QUICK GUIDE)

ACTION JURISDICTION VENUE

RTC - incapable of pecuniary

COMELEC and COA

Certiorari, RTC; CA; SC; Sandiganbayan,

Expropriation (R67) Real Property: where the property is located

Foreclosure (R68) Where the land or any part thereof is located.

MTC, MTCCs, MCTC, MeTC;

If charge was made against the RTC or court of

Q: What are the requisites for an action for interpleader?

2 or more claimants with adverse or conﬂicting claims upon a subject matter

DECLARATORY RELIEF AND SIMILAR REMEDIES (R63)

Q: What are the requisites for an action for Declaratory Relief

CERTIORARI, PROHIBITION AND MANDAMUS (R65)

CERTIORARI PROHIBITION MANDAMUS

Extends to discretionary acts Discretionary and Extends to ministerial acts only

QUO WARRANTO (R68)

RULE 68: QUO WARRANTO

As to Issue As to the As to Manner As to the As to the As to the Period As to Damages

Grounds of Filing Petitioner Court of Filing

Q: What are the two stages in an action for expropriation?

Q: What are inverse condemnation proceedings?

EQUITY OF REDEMPTION RIGHT OF REDEMPTION

Exists in Judicial Foreclosures Exercised in Extrajudicial Foreclosures

JUDICIAL FORECLOSURE EXTRAJUDICIAL FORECLOSURE

NATURAL PERSONS JURIDICAL PERSONS

3 months after foreclosure or before

Reckoning period: conﬁrmation of the auction sale which is the date

Q: What is the effect of the non-inclusion of a co-owner in an action for partition?

CONTEMPT OF COURT (R71)

FORCIBLE ENTRY AND UNLAWFUL DETAINER (R70)

ACCION INTERDICTAL ACCION PUBLICIANA ACCION REIVINDICATORIA