THE FRATERNAL ORDER OF

UTOPIA
ATENEO DE MANILA UNIVERSITY
SCHOOL OF LAW
SINCE 1964

“For tomorrow shall cast a myriad of mighty storms that only

those with firm determination and Utopian vision do survive.”
Distinguish between jurisdiction over the subject matter and jurisdiction over the
person of the accused.

Jurisdiction over the Subject Jurisdiction over the Person of

Matter the Accused

The power to hear and determine the The power of a court to try a case
general class to which the proceedings with binding effect as against an
Nature in question belong. (Mitsubishi Motors accused. (Miranda v. Tuliao, G.R.
v. Bureau of Customs, G.R. No. No. 158763)
209830)

Conferred by law and cannot be May be acquired either through

acquired by voluntary act or compulsory process, such as a
How
agreement by the parties. (De Joya v. warrant of arrest, or through
Acquired
Marquez, G.R. No. 162416) voluntary appearance. (Miranda v.
Tuliao, G.R. No. 158763)

Lack of jurisdiction over the subject Any objection involving the arrest
matter can always be raised anytime, or the procedure in the Court’s
even for the first time on appeal, since acquisition of jurisdiction over the
Objection
jurisdictional issues cannot be waived, person of an accused must be
on
subject to the principle of estoppel by made before he enters his plea;
Jurisdiction
laches. (Boston Equity Resources, Inc. otherwise, the objection is deemed
v. CA, G.R. No. 173946) waived. (People v. Badilla, G.R. No.
218578)

Distinguish between failure to state a cause of action and lack of cause of action.

Failure to State a Cause of Action Lack of Cause of Action

There is an insufficiency of the allegations in There is an insufficiency of the factual basis

the pleading and it must be raised before an for the action and it must be raised after the
answer has been filed. plaintiff has rested its case.

The remedy is to raise the same as an The remedy is to file a Demurrer to

affirmative defense in the answer. Evidence.

(Asia Brewery, Inc. v. Equitable PCI Bank, G.R. No. 190423)

What are the only permissible grounds for a motion to dismiss in civil cases?

1. The court has no jurisdiction over the subject matter of the claim;
2. There is another action pending between the same parties for the same cause;
3. The cause of action is barred by a prior judgment; or
4. The cause of action is barred by the statute of limitations. (RoC, Rule 5, Sec. 12)

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Distinguish between the service of summons in actions in personam and an action

in rem or quasi in rem to acquire jurisdiction over the person.

Action in personam Action in rem and quasi in rem

Jurisdiction over the person of the defendant Jurisdiction over the person of the defendant
is necessary for the court to validly try and is not essential for giving the court
decide the case. When the defendant is a jurisdiction so long as the Court acquires
non-resident, personal service of summons jurisdiction over the res.
within the state is essential to the acquisition
of jurisdiction over the person. If the defendant is a non-resident and he is
not found in the country, summons may be
Summons on the defendant must be served served extraterritorially. Summons must
by handing a copy thereof to the defendant thus be made by:
in person, or, if he refuses to receive it, by 1. By personal service;
tendering it to him. This cannot be done if 2. By publication in a newspaper of general
the defendant is not physically present in the circulation in such places and for such
country, and thus, the court cannot acquire time as the court may order, in which
jurisdiction over his person and therefore case a copy of the summons and order
cannot validly try and decide the case of the court should be sent by registered
against him. (Velayo-Fong v. Spouses mail to the last known address of the
Velayo, G.R. No. 155488) defendant; or
3. In any other manner which the court
may deem sufficient. (Valmonte v. CA,
GR No. 108538)

Distinguish between the grounds for the quashal of subpoena duces tecum and
subpoena ad testificandum.

Subpoena Duces Tecum Subpoena Ad Testificandum

1. A motion is promptly made and, in any 1. A proper motion must be filed with the
event, at or before the time specified court;
therein; 2. The motion must be promptly made
2. The quashal must be based on the before or at the time specified in the
following grounds: subpoena; and
a. Subpoena is unreasonable and 3. The quashal must be based on the
oppressive; or following grounds:
b. Relevancy of the books, documents a. The witness is not bound thereby;
or things does not appear; or or
c. Person in whose behalf the subpoena b. The person in whose behalf the
is issued fails to advance the subpoena was issued failed to
reasonable cost of the production tender witness fees and
thereof; and kilometrage. (RoC, Rule 21, Sec. 4)
d. Witness fees and kilometrage
allowed by these Rules were not
tendered when the subpoena was
served. (RoC, Rule 21, Sec. 4)

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May a deposition be offered to prove the truth of the facts stated therein in lieu of
the actual oral testimony of the deponent in open court?

No. The deposition may be opposed by the adverse party and excluded under the hearsay
rule. That the opportunity for cross-examination was afforded during the taking of the
deposition alone is no argument, as the opportunity for cross-examination must normally be
accorded a party at the time that the testimonial evidence is actually presented against him
during the trial or hearing of a case. (Republic v. Sandiganbayan, G.R. No. 152375)

Is the testimony of a state witness who dies before the trial proper rendered
inadmissible for the denial of the right to confront and cross-examine the witness?

No. The testimony of the witness during the discharge proceeding will only be inadmissible if
the court denies the motion to discharge the accused as a state witness. While the Rules
require the accused to testify again during trial proper, failure thereof, such as when the state
witness dies, only prevents the order of discharge but it does not speak of any penalty to
render the testimonies inadmissible. (People v. Dominguez, G.R. No. 229420)

Distinguish between the effects of filing a demurrer to evidence in a criminal case

and a civil case.

Civil Case Criminal Case

When the demurrer is denied, the defendant When the demurrer is filed with leave of
does not lose his right to present his court and it is denied, the accused may
evidence. (RoC, Rule 33, Sec. 1) adduce his evidence.

When the demurrer is filed without leave of

court and it is denied, the accused waives his
right to present evidence and submits the
case for judgment on the basis of evidence
offered by the prosecution. (RoC, Rule 119,
Sec. 23)

If the demurrer is granted, the plaintiff may If the demurrer is granted, the order of
appeal and if the dismissal is reversed, the dismissal is not appealable because an order
defendant is deemed to have waived his granting the accused’s demurrer to evidence
right to present his evidence. (RoC, Rule 33, amounts to an acquittal. (Mupas v. People,
Sec. 1) G.R. No. 189365)

Distinguish between judgment on the pleadings and summary judgment.

Judgment on the Pleadings Summary Judgment

It is proper when the answer either: It is proper when the answer specifically
1. Fails to tender any issue; denies the material averments of the
2. Does not deny the material allegations complaint or asserts affirmative defenses, or
in the complaint; or in other words raises an issue, provided that
3. Admits material allegations of the the issue raised is not genuine.
adverse party's pleadings.

(Basbas v. Sayson, G.R. No. 172660)

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What are the requisites for the introduction of newly discovered evidence in motions
for a new trial?

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 material, not merely cumulative, corroborative, or impeaching; and
4. The evidence is of such weight that it would probably change the judgment if admitted.
(Mandin-Trottin v. Bongo, G.R. No. 212840)

What is the Neypes Rule?

When a motion for new trial or reconsideration was filed by the party, which was subsequently
denied by the court, there is a fresh period of fifteen (15) days within which to file the notice
of appeal, counted from receipt of order dismissing a motion for new trial or motion for
reconsideration. (Bernardo v. Soriano, G.R. No. 200104)

What are the requirements for the recognition of a foreign judgment?

1. There has been an opportunity for a fair hearing before a court of competent
jurisdiction;
2. Trial upon registered proceedings has been conducted; and
3. There is nothing to indicate either prejudice in court and in the system of laws under
which it is sitting or fraud in procuring the judgment. (Philippine Aluminum v. Fasgi
Enterprises, G.R. No. 137378)

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

1. The applicant must have a clear and unmistakable right to be protected, that is a right
in esse;
2. There is a material and substantial invasion of such right;
3. There is an urgent need for the writ to prevent irreparable injury to the applicant; and
4. No other ordinary, speedy, and adequate remedy exists to prevent the infliction of
irreparable injury. (Bureau of Customs v. Court of Appeals, G.R. No. 192809)

What are the grounds for the filing of a third-party claim or terceria in an action for
replevin?

1. If the property taken is claimed by any person other than the party against whom the
writ of replevin had been issued or his agent;
2. Such person makes an affidavit of his title thereto, or right to the possession thereof,
stating the grounds; and
3. Serves such affidavit upon the sheriff while the latter has possession of the property
and a copy thereof upon the applicant. (RoC, Rule 60, Sec. 7)

What are the requisites for a petition for certiorari?

1. The writ 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 lack or excess of jurisdiction; and
3. There is no appeal or any plain speedy, and adequate remedy in the ordinary course
of law. (Aquino v. Municipality of Malay, G.R. No. 211356)

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When may a petition for certiorari be filed without a prior appeal?

1. When the appeal does not constitute a speedy and adequate remedy;
2. When the orders were also issued either in excess of or without jurisdiction;
3. For certain special considerations, including public welfare or public policy;
4. When in criminal actions, the court rejects rebuttal evidence for the prosecution as,
in case of acquittal there could be no remedy;
5. When the order is a patent nullity; and
6. When the decision in the certiorari case will avoid future litigations. (Villarica
Pawnshop v. Gernale, G.R. No. 163344)

Compare and contrast the Petitions for Certiorari, Prohibition, and Mandamus.

Certiorari Prohibition Mandamus

Any tribunal, Any tribunal, Any tribunal, corporation, board,

board or officer corporation, board, officer or person.
exercising judicial officer or person,
As to the or quasi-judicial whether exercising
respondents functions. judicial, quasi-
judicial or
ministerial
functions.

Without or in Without or in 1. Unlawfully neglects the

excess of its or excess of its or his performance of an act which
his jurisdiction, or jurisdiction, or with the law specifically enjoins
with grave abuse grave abuse of as a duty resulting from an
As to the
of discretion discretion office, trust, or station; or
grounds
amounting to lack amounting to lack 2. Unlawfully excludes another
or excess of or excess of from the use and enjoyment
jurisdiction. jurisdiction. of a right or office to which
such other is entitled.

To annul or Desist from further Immediately or at some other

modify the proceedings in the time to be specified by the court,
proceedings. action or matter to do the act required to be done
As to the specified therein. to protect the rights of the
prayer petitioner, and to pay the
damages sustained by the
petitioner by reason of the
wrongful acts of the respondent.

As to their There is no appeal, or any plain, speedy, and adequate remedy in the
similarities ordinary course of law.
(RoC, Rule 65, Secs. 1-3)

What are the requirements before the courts may issue a writ of possession to the
government agency for purposes of expropriation under the Right of Way Act?

1. Upon the filing of the complaint or at any time thereafter, and after due notice to the
defendant, the implementing agency shall immediately deposit to the court in favor of
the owner one hundred percent (100%) of the value of the land based on the current
relevant zonal valuation of the BIR issued not more than three (3) years prior to the
filing of the expropriation complaint;
2. The replacement cost at current market value of the improvements and structures as
determined by the implementing agency, a government financial institution with

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adequate experience in property appraisal, and an independent property appraiser

accredited by the BSP; and
3. The current market value of crops and trees located within the property as determined
by a government financial institution or an independent property appraiser. (The Right
of Way Act, Sec. 6(a))

Distinguish between equity of redemption and right of redemption.

In judicial foreclosure, equity of redemption is the right of the mortgagor

to extinguish the mortgage and retain ownership of the property by paying
Equity of
the secured debt within ninety (90) days after the judgment becomes final,
Redemption
in accordance with Rule 68, or even after the foreclosure sale but prior to
its confirmation. (Huerta Alba Resort Inc. v. CA, G.R. No. 128567)

In judicial foreclosure, in case that the mortgagee is any banking

institution, it may exercise the right of redemption within a period of one
(1) year, counted from the date of registration of the certificate of sale in
the Registry of Property.

In extrajudicial foreclosure, Act No. 3135 grants to the mortgagor the right
of redemption within one (1) year from the registration of the sheriff's
Right of
certificate of foreclosure sale. (Huerta Alba Resort Inc. v. CA, G.R. No.
Redemption
128567)

However, when the mortgagor is a juridical person, it shall have the right
to redeem the property before the registration of the certificate of
foreclosure sale with the applicable Register of Deeds which in no case shall
be more than three (3) months after foreclosure, whichever is earlier. (The
General Banking Law of 2000, Sec. 47)

In what instances is a co-owner precluded from demanding partition?

1. There is an agreement among the co-owners to keep the property undivided for a
certain period of time not exceeding ten (10) years. The term may however be
extended by a new agreement;
2. When partition is prohibited by the donor or testator for a period not exceeding twenty
(20) years;
3. When a partition is prohibited by law (NCC, Art. 494);
4. When the property is not subject to a physical division and to do so would render it
unserviceable for the use for which it is intended (NCC, Art. 495); and
5. When the condition imposed upon voluntary heirs before they can demand partition
has not yet been fulfilled. (NCC, Art. 1084)

Can a photocopy of a holographic will be used for proving the handwriting of the
testator?

Yes. While the general rule is that lost or destroyed holographic wills cannot be probated, the
exception is when the xerox copy of the will is allowed by the court because a comparison can
be made with the standard writing of the testator. (Rodelas v. Aranza, G.R. No. L-58509)

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Distinguish between Forcible Entry, Unlawful Detainer, Accion Publiciana, and

Accion Reivindicatoria.

Forcible Entry Unlawful Accion Accion

Detainer Publiciana Reivindicatoria

Recovery of Recovery of Plenary action for Recovery of

possession from possession from the recovery of possession based on
defendant, the defendant, the real right of ownership of the
whose whose possession, where plaintiff. (Heirs of
possession is possession was dispossession has Alfonso Yusingco v.
unlawful from initially lawful lasted for more Busilak, G.R. No.
the beginning as but becomes than one (1) year. 210504)
Issue he acquires illegal by the (Heirs of Alfonso
possession by loss of his right Yusingco v.
force, to possession Busilak, G.R. No.
intimidation, under contract. 210504)
strategy, threat, (Dikit v.
or stealth. (Dikit Ycasiano, G.R.
v. Ycasiano, G.R. No. L-3621)
No. L-3621)

MTC, irrespective of the amount of MTC has jurisdiction if the value of the
damages or unpaid rentals sought property does not exceed P20,000 outside
Where to be recovered (B.P. 129, as Metro Manila, or P50,000 if within Metro
filed amended, Sec. 33(2)) Manila. RTC has jurisdiction if it exceeds
these amounts. (B.P. 129, as amended,
Sec. 19(2) & 33(3))

Within one (1) year from the Ten (10) years. Thirty (30) years.
When
deprivation of the possession of the (NCC, Art. 555) (NCC, Art. 1141)
filed
property. (RoC, Rule 70, Sec. 1)

Distinguish between a special proceeding for settlement of estate and an ordinary

civil action for annulment of TCTs and reconveyance.

Settlement of Estate Ordinary Civil Action for

Annulment of TCTs and
Reconveyance

RTC where the decedent resides at RTC where the plaintiff or defendant
Venue
the time of death. resides.

Heirs or other persons deprived of An action for reconveyance based

lawful participation in the estate may on an implied or constructive trust
Prescriptive compel the settlement of estate in prescribes in ten (10) years from
Period court at any time within two (2) the issuance of the title in the name
years after the settlement and of the trustee.
distribution of an estate.
(Treyes v. Larlar, G.R. No. 232579)

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Does the finality of the project of partition terminate the probate proceedings?

No. The probate court loses jurisdiction of an estate under administration only after the
payment of all the debts and the remaining estate delivered to the heirs entitled to receive
the same. (Guilas v. CFI of Pampanga, G.R. No. L-22695)

What are the requisites for the issuance of a writ of habeas corpus in relation to
custody of minors?

1. That the petitioner has the right of custody over the minor;
2. That the rightful custody over the minor is being withheld from the petitioner by the
respondents; and
3. That it is to the best interest of the minor concerned to be in the custody of the
petitioner and not that of the respondents. (Masbata v. Relucio, G.R. No. 235498)

What is the nature of the writ of continuing mandamus?

It directs any agency or instrumentality of the government or officer thereof to perform an

act or series of acts decreed by final judgment which shall remain effective until the judgment
is fully satisfied. (MMDA v. Concerned Residents of Manila Bay, G.R. Nos. 171947-48)

Distinguish among the Writ of Habeas Corpus, Writ of Amparo, Writ of Kalikasan,
and Writ of Habeas Data.

1. Person is deprived of his liberty, or by which the rightful custody of any

Writ of
person is withheld from the person entitled thereto; and
Habeas
2. It shall extend to all cases of illegal confinement or detention. (RoC, Rule
Corpus
102, Sec. 1)

1. Persons whose right to life, liberty and security is violated or threatened

with violation;
Writ of 2. The violation arises from an unlawful act or omission of a public official
Amparo or employee, or of a private individual or entity; and
3. The writ shall cover extralegal killings and enforced disappearances or
threats thereof. (A.M. No. 07-09-12-SC)

1. Actual or threatened violation of the constitutional right to a balanced

and healthful ecology;
2. The violation arises from an unlawful act or omission of a public official
Writ of or employee, or private individual or entity; and
Kalikasan 3. The 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. (International Service v. Greenpeace,
G.R. No. 209271)

1. It is a remedy available whose right to privacy in life, liberty or security

is violated or threatened; and
Writ of 2. The violation arises from an unlawful act or omission of a public official
Habeas or employee, or of a private individual or entity engaged in the gathering,
Data collecting or storing of data or information regarding the person, family,
home and correspondence of the aggrieved party. (Vivares v. STC, G.R.
No. 202666)

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Does the absence of preliminary investigation affect the validity of the information?

The absence of preliminary investigation does not impair the validity of the information or
otherwise render the same defective, nor does it affect the jurisdiction of the court or
constitute a ground for quashing the information. (Villaflor v. Gozon, G.R. No. 134744)

Distinguish when bail is a matter of right, when it is discretionary, and when it

should be denied.

1. Before conviction by the inferior courts;

Bail as a 2. After conviction by the inferior courts; or
matter of 3. Before conviction by the RTC when the penalty imposed is death,
right reclusion perpetua or life imprisonment and the evidence of guilt is not
strong. (Leviste v. CA, G.R. No. 189122)

1. Upon conviction by the RTC of an offense not punishable by death; or

2. Life imprisonment, or reclusion perpetua and after conviction by the
Bail, when
RTC where the penalty of imprisonment exceeds six (6) years but does
discretionary
not exceed twenty (20) years, and no bail negating circumstance is
present. (Leviste v. CA, G.R. No. 189122)

1. After conviction by the RTC of an offense and the penalty imposed is

death, reclusion perpetua, or life imprisonment; or
2. After conviction by the RTC and the penalty imposed is imprisonment
exceeding six (6) years upon a showing by the prosecution of the
following or other similar circumstances:
a. The accused is a recidivist, quasi-recidivist, or habitual delinquent,
or has committed the crime aggravated by the circumstance of
When bail reiteration;
should be b. The accused has previously escaped from legal confinement,
denied evaded sentence, or violated the conditions of his bail without valid
justification;
c. The accused committed the offense while under probation, parole,
or conditional pardon;
d. The circumstances of his case indicate the probability of flight if
released on bail; or
e. There is undue risk that the accused may commit another crime
during the pendency of the appeal. (RoC, Rule 114, Sec. 5)

Is the dismissal of a criminal case predicated on the right of the accused to speedy
trial equivalent to acquittal?

Yes. In instances where the State has been given every opportunity to present its evidence,
yet it failed to do so, it cannot claim to have been deprived of a fair opportunity to present its
evidence. Such failure and the resulting dismissal of the case is deemed an acquittal of the
accused even if it is the accused who moved for the dismissal of the case. (People v. Domingo,
G.R. No. 204895)

What are the grounds for a motion for a new trial in criminal cases?

1. Errors of law or irregularities prejudicial to the substantial rights of the accused have
been committed during trial; or

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2. New and material evidence has been discovered which the accused could not with
reasonable diligence have discovered and produced at the trial and which if introduced
and admitted would probably change the judgment. (RoC, Rule 121, Sec. 2)

What is the procedure regarding chain of custody?

1. Apprehending team shall, immediately after seizure and confiscation, make a physical
inventory and photograph of the same in the presence of:
a. Accused or the person/s from which such items were confiscated and/or seized;
b. His/her representative or counsel with a representative of the National
Prosecution Service (NPS) or the media; and
c. Any elected public official who shall be required to sign the copies of the
inventory and be given a copy;
2. The objects seized must be submitted to PDEA for qualitative and quantitative
examination within twenty-four (24) hours from the confiscation and seizure;
3. The forensic laboratory examiner is required to issue, within twenty-four (24) hours
after receipt of the drugs, a certification of the forensic laboratory examination results
which shall be done under oath;
4. After filing of the criminal case, the court shall, within seventy-two (72) hours, conduct
an ocular inspection, and the PDEA shall, within twenty four (24) hours, proceed with
the destruction of the same; and
5. The Dangerous Drugs Board shall then submit to the court:
a. A sworn certification as to the fact of destruction or burning; and
b. Representative samples, of minimum quantity, of the substances in the custody
of PDEA. (R.A. No. 9165 Art. II, Sec. 21, as amended by R.A. No. 10640)

What is the limitation in warrantless searches of moving vehicles?

Generally, it is limited only to a visual inspection. However, an extensive search is permissible

when the officers made it upon probable cause or upon a belief reasonably arising out of
circumstances known to the seizing officer that an automobile or other vehicle contains an
item, article or object which by law is subject to seizure and destruction. (People v. Sapla,
G.R. No. 244045)

What is the meaning of probable cause in the issuance of a search warrant?

It means the existence of such facts and circumstances which would lead a reasonably discreet
and prudent man to believe that an offense has been committed, and that objects sought in
connection with the offense are in the place sought to be searched. (People v. Breis, G.R. No.
205823)

What is the period of effectivity of a cybercrime warrant?

It shall only be effective for the length of time determined by the court, which shall not exceed
ten (10) days from its issuance. However, the court may, upon motion, extends its effectivity
based only on justifiable reasons for a period not exceeding ten (10) days from the expiration
of the original period. (A.M. No. 17-11-03-SC, Sec. 2.5)

When is interception of computer data allowed?

Only when such interception is carried out by virtue of a court-issued warrant, duly applied
for by law enforcement authorities. (A.M. No. 17-11-03-SC, Sec. 5.1)

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What are the different types of cybercrime warrants?

It is an order in writing authorizing the law enforcement authorities

Warrant to to issue an order to disclose and accordingly, require any person or
Disclose Computer service provider to disclose or submit subscriber’s information,
Data traffic data, or relevant data in his/her or its possession or control.
(A.M. No. 17-11-03-SC, Sec. 4.2)

It is an order in writing authorizing the law enforcement authorities

to carry out any or all of the following activities: (a) listening to, (b)
Warrant to recording, (c) monitoring, or (d) surveillance of the content of
communications, including procuring of the content of computer
Intercept
data, either directly, through access and use of a computer system
Computer Data
or indirectly, through the use of electronic eavesdropping or tapping
devices, at the same time that the communication is occurring.
(A.M. No. 17-11-03-SC, Sec. 5.2)

Warrant to Search, It is an order in writing authorizing the law enforcement authorities

Seize and Examine to search the particular place for items to be seized and/or
Computer Data examined. (A.M. No. 17-11-03-SC, Sec. 6.1)

It is required to be applied for and obtained by law enforcement

authorities, upon acquiring possession of a computer device or
Warrant to computer system via a lawful warrantless arrest, or by any other
Examine Computer lawful method, and before searching the said computer device or
Data computer system for the purpose of obtaining for forensic
examination the computer data contained therein. (A.M. No. 17-11-
03-SC, Sec. 6.9)

Where should criminal actions under the rule on Cybercrime Warrants be filed?

It 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. (A.M. No.
17-11-03-SC, Sec. 2.1)

What is the equipoise rule?

It is a situation where the court is faced with conflicting versions of the prosecution and
defense and where the evidence, facts and circumstances are capable of two or more
explanations, one of which is consistent with the innocence of the accused and the other
consistent with his guilt. (People v. Erguiza, G.R. No. 171348)

What is the fruit of the poisonous tree doctrine?

It is evidence obtained through unlawful seizures which should be excluded as evidence

because it is the only practical means of enforcing the constitutional injunction against
unreasonable searches and seizures. It ensures that the fundamental rights to one’s person,
houses, papers, and effects are not lightly infringed upon and are upheld. (People v. Romana,
G.R. No. 200334)

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What are the exceptions to the original document rule?

1. When the original is lost or destroyed, or cannot be produced in court;

2. When the original is in the custody or under the control of the party against whom the
evidence is offered;
3. When the original consists of voluminous records and the fact sought to be established
is only the general result of the whole;
4. When the original is a public record; and
5. When the original is not closely-related to a controlling issue. (RoC, Rule 130, Sec. 3)

When may a party introduce parol evidence?

1. If there is an intrinsic ambiguity, mistake, or imperfection in the written agreement;

2. If the written agreement fails to express the true intent and agreement of the parties;
3. If there is an issue as to the validity of the written agreement; or
4. In case there is a subsequent agreement between the parties. (RoC, Rule 130, Sec.
10)

Does the failure to comply with the procedure for the seizure and custody in drug
cases render the evidence inadmissible?

No, as long as the prosecution satisfactorily proves:

1. That there is a justifiable ground for non-compliance; and
2. That the integrity and evidentiary value of the seized items were properly preserved.
(People v. Santos, G.R. No. 243627)

When is the Judicial Affidavit Rule applicable in criminal actions?

1. Where the maximum of the imposable penalty does not exceed six (6) years;
2. Where the accused agrees to the use of judicial affidavits, irrespective of the penalty
involved; or
3. With respect to the civil aspect of the actions, whatever the penalties involved are.
(A.M. No. 12-8-8-SC, Sec. 9)

What are the different quanta of evidence?

It does not mean such a degree of proof as, excluding possibility of

Proof beyond error, produces absolute certainty. Moral certainty only is required, or
Reasonable that degree of proof which produces conviction in an unprejudiced mind.
Doubt (RoC, Rule 133, Sec. 2)

If it produces in the mind of the trier of fact a firm belief or conviction

Clear and as to the allegation sought to be established. It is indeterminate, being
Convincing more than preponderance, but not to the extent of such certainty as is
Evidence required beyond reasonable doubt in criminal cases. (Dela Paz v.
Republic of the Philippines, G.R. No. 195726).

It means that the evidence as a whole adduced by one side is superior

to that of the other. It refers to the weight, credit and value of the
Preponderance
aggregate evidence on either side and is usually considered to be
of Evidence
synonymous with the term "greater weight of evidence" or "greater

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 THE FRATERNAL ORDER OF UTOPIA
Remedial Law I Tips
Bar Operations 2022

weight of the credible evidence." (BP Oil and Chemicals v. Total

Distribution, G.R. No. 214406)

Such amount of relevant evidence which a reasonable mind might

Substantial
accept as adequate to justify a conclusion. (Travelaire & Tours Corp. v.
Evidence
NLRC, G.R. No. 131523)

What is the probative value of an electronic document as evidence?

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)

What are the requisites of the different kinds of warrantless arrests?

1. The person to be arrested must execute an overt act indicating that

he has just committed, is actually committing, or is attempting to
In flagrante
commit a crime; and
delicto
2. Such overt act is done in the presence or within the view of the
arresting officer. (Zalameda v. People, G.R. No. 183656)

1. An offense has just been committed; and

Hot Pursuit 2. The person making the arrest has probable cause to believe, based
Arrests on personal knowledge of facts and circumstances, that the person
to be arrested has committed it. (RoC, Rule 113, Sec. 5(b))

1. The person to be arrested is a prisoner; and

2. The prisoner has escaped:
Arrest of a. From a penal establishment;
Escaped b. From place where he is serving final judgment;
Prisoner c. From place where he is temporarily confined; or
d. While being transferred from one confinement to another.
(RoC, Rule 113, Sec. 5(c))

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