Til P59 Göldën Remedial-Law-Pre-Week

University of Santo Tomas
FACULTY OF CIVIL LAW (1734)
REMEDIAL LAW
Pre-Week Notes 2023
ACADEMICS COMMITTEE
SECRETARIES-GENERAL: Angela Beatrice S. Peña & Katherine S. Policarpio

EXECUTIVE COMMITTEE FOR REMEDIAL LAW: Dianne Micah Angela D. Yumang
EXECUTIVE COMMITTEE: Ron-Sophia Nicole C. Antonio, Herlene Mae D. Calilung,
Patrisha Louise E. Dumanil, Alexandra Maureen B. Garcia, Hannah Joy C. Ibarra,
Jedidiah R. Padua, Paulinne Stephany G. Santiago
REMEDIAL LAW PRE-WEEK COMMITTEE
SUBJECT HEAD FOR REMEDIAL LAW: Mikkah F. Factor

MEMBERS: Miguel Joshua G. Aguirre, Linn Jerard A. Dantes, Dianne Tricia M.
Iniego, Cyra Lyn S. Lim, Sharmaine Eliza T. Macasero, Julienne F. Madrilejos,
Danica Ella C. Nagorite, Michael John D. Natabla, Jeca A. Pacis, Angelo T. Solano,
Santiago U. Vitug
PRE-WEEK NOTES 2023
1. The statute itself
PART ONE: REMEDIAL LAW expressly or by
necessary implication
provides that pending
actions are excepted
I. GENERAL PRINCIPLES from its operation;
2. If applying the rule to
pending proceedings
would impair vested
rights;
A. SUBSTANTIVE LAW vs. REMEDIAL LAW
3. Under appropriate
DISCLAIMER
circumstances, courts
may deny the
SUBSTANTIVE LAW REMEDIAL LAW retroactive application
As to the Definition of procedural laws in
the event that to do so
UST 1611
Part of the law which
would not be feasible or
creates, defines or regulates
would work injustice;
THE RISK OF USE OF THIS BAR

rights concerning life,
or
liberty or property
4. If to do so would
(Primicias v. Ocampo, G.R.
REVIEW MATERIAL SHALL BE

involve intricate
No. L-6120, 30 June 1953) or Prescribes the methods of
problems of due
the powers of agencies or enforcing those rights and
process or impair the
BORNE BY THE USER

instrumentalities for the obligations created by
independence of the
administration of public substantive law. (Ibid.)
courts. (Tan, Jr. v. CA,
affairs, which when violated
G.R. No. 136368, 16 Jan.
gives rise to a cause of
2002)
action. (Bustos v. Lucero,
G.R. No. L-2068, 20 Oct. As to Promulgating Authority
1948) Promulgated by the
Enacted by Congress.
As to Creation of Vested Rights Supreme Court.
Academics Committee Does not create vested
Faculty of Civil Law Creates vested rights.
rights.
University of Santo Tomas B. RULE-MAKING POWER
As to Prospective Application
España, Manila 1008 OF THE SUPREME COURT
GR: May be applied
All rights reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal retroactively.
University of Santo Tomas, the Catholic University of the Philippines. Extent of the Rule-Making Power of the Supreme Court
Procedural laws may be
given retroactive effect to It has the power to promulgate rules concerning: (Pro-P-A-
2023 Edition.
actions pending and I-La)
undetermined at the time of
No portion of this material may be copied or reproduced in books, pamphlets, outlines or notes,
their passage, there being 1. The Protection and enforcement of constitutional
whether printed, mimeographed, typewritten, copied in different electronic devises or in any other
no vested rights in the rules rights;
form, for distribution or sale, without a written permission.
of procedure. 2. Pleading, practice, and procedure in all courts;
A copy of this material without the corresponding code either proceeds from an illegal source or is Amendments to procedural
in possession of one who has no authority to dispose the same. NOTE: The constitutional faculty of the Court to
Generally prospective in rules are procedural or promulgate rules of practice and procedure necessarily
application. remedial in character as carries the power to overturn judicial precedents on
Released in the Philippines, 2023. they do not create new or points of remedial law through the amendment of the
remove vested rights, but Rules of Court. (Pinga v. The Heirs of German Santiago,
only operate in furtherance G.R. No. 170354, 30 June 2006)
of the remedy or
confirmation of rights 3. The Admission to the practice of law;
already existing. (Fil-Estate 4. The Integrated bar; and
Properties, Inc. v. Homena- 5. Legal assistance to the underprivileged. (Sec. 5(5), Art.
Valencia, G.R. No. 173942, 25 VIII, 1987 Constitution)
June 2008)
Q: Congress enacted a law that contains a provision
XPNs: prohibiting plea-bargaining in drug-related cases. Is
the provision valid?
1 UNIVERSITY OF SANTO TOMAS

FACULTY OF CIVIL LAW
REMEDIAL LAW PRE-WEEK NOTES 2023
A: NO. Plea bargaining is a rule of procedure. As such, the 4. The constitutional issues raised are better decided by and
provision prohibiting it that is contained in a statute is the Supreme Court; II. JURISDICTION 6. Where genuine issues of constitutionality must be
unconstitutional for being contrary to the rule-making immediately addressed. (Riano, 2019)
authority of the Supreme Court. Only the Supreme Court can 5. Exigency in certain situations or when time is of the
promulgate rules on pleadings, practice and procedure, not essence; Adherence of Jurisdiction
Jurisdiction is the power and authority conferred by the
Congress through passage of a law. (Estipona v. Lobrigo, G.R.
Constitution and by the statute to hear and decide a case.
No. 226679, 15 Aug. 2017) 6. The filed petition reviews the act of a constitutional GR: Jurisdiction, once attached, cannot be ousted by
(Esico v. Alphaland Corp., G.R. No. 216716, 17 Nov. 2021, J.
organ; subsequent happenings or events although of a character
Hernando)
Limitations on the Rule-Making Power of the Supreme which would have prevented jurisdiction from attaching in
Court (SI-U-DIM) 7. No other plain, speedy, and adequate remedy in the the first instance, and the court retains jurisdiction until it
ordinary course of law; finally disposes of the case. (Aruego, Jr., v. CA, G.R. No.
A. CLASSIFICATION OF JURISDICTION
1. The rules shall provide a Simplified and Inexpensive 112193, 13 Mar. 1996)
procedure for the speedy disposition of cases; 8. The petition includes questions that are dictated by
2. The rules must be Uniform for all the courts of the same public welfare and the advancement of public policy, XPNs:
grade; and or demanded by the broader interest of justice; 1. ORIGINAL vs. APPELLATE
3. The rules must not Diminish, Increase or Modify 1. Where a subsequent statute expressly prohibits the
substantive rights. (Sec. 5(5), Art. VIII, 1987 9. The orders complained of were found to be patent Original jurisdiction is the power of the Court to take continued exercise of jurisdiction;
Constitution) nullities; judicial cognizance of a case instituted for judicial action for
the first time under conditions provided by law. Appellate 2. Where the law penalizing an act which is punishable is
10. The appeal was considered as clearly an jurisdiction is the authority of a Court higher in rank to re- repealed by a subsequent law;
C. PRINCIPLE OF JUDICIAL HIERARCHY inappropriate remedy; or examine the final order or judgment of a lower Court which
tried the case now elevated for judicial review. (Garcia v. De 3. When accused is deprived of his constitutional right
11. When analogous, exceptional and compelling Jesus, G.R. Nos. 88158 & 97108-09, 04 Mar. 1992) such as where the court fails to provide counsel for the
The principle provides that lower courts shall initially circumstances called for and justified the immediate accused who is unable to obtain one and does not
decide a case before it is considered by a higher court. A and direct handling of the case. (Republic v. Caguioa, 2. GENERAL vs. SPECIAL intelligently waive his constitutional right;
higher court will not entertain direct resort to it unless the et al., G.R. No. 174385, 20 Feb. 2013)
redress desired cannot be obtained in the appropriate NOTE: Where there is a violation of basic
Courts of general jurisdiction are those with competence to
courts. (Santiago v. Vasquez, G.R. Nos. 99289-90, 27 Jan. constitutional rights, courts are ousted from their
decide on their own jurisdiction and take cognizance of all
1993) D. DOCTRINE OF NON-INTERFERENCE/ jurisdiction. The violation of a party’s due process
cases, civil and criminal, of a particular nature, while courts
JUDICIAL STABILITY raises a serious jurisdictional issue which cannot be
of special jurisdiction are those which have jurisdiction only
Pursuant to this principle, a case must be filed first before glossed over or disregarded at will. Where the denial
for a particular purpose or are clothed with special powers
the lowest court possible having the appropriate of the fundamental right is apparent, a decision
for the performance of special duties beyond which they
jurisdiction, except if one can advance a special reason GR: Courts of equal and coordinate jurisdiction cannot rendered in disregard of that right is void for lack of
have no authority of any kind. (Riano, 2019)
which would allow a party a direct resort to a higher court. interfere with each other’s orders. (Riano, 2019, citing Lapu- jurisdiction. (Apo Cement Corporation v. Mingson
(Riano, 2019) Lapu Development and Housing Corporation v. Group Industries Corporation, G.R. No. 206728, 12 Nov. 2014)
3. EXCLUSIVE vs. CONCURRENT
Management Corporation, G.R. Nos. 167000 and 169971, 08
Exceptions to the Doctrine of Hierarchy of Courts (2017 Jun. 2011) 4. Where the statute expressly provides, or is construed
Exclusive jurisdiction is that possessed by a court to the to the effect that it is intended to operate as to actions
BAR)
exclusion of others, while concurrent jurisdiction is the pending before its enactment;
No court can interfere by injunction with the judgments or
power of different courts to take cognizance of the same
In several cases, the court has allowed direct invocation of orders of another court of concurrent jurisdiction. (Metro
subject matter. (Riano, 2019) 5. When the proceedings in the court acquiring
the SC’s original jurisdiction on the following grounds: Rail Transit Development Corporation v. Trackworks Rail
Transit Advertising, Vending and Promotions, Inc., G.R. No. jurisdiction is terminated, abandoned or declared
1. When there are genuine issues of constitutionality 204452, 28 June 2021, J. Hernando, citing Barroso v. Omelio, void;
that must be addressed at the most immediate time; G.R. No. 184767, 14 Oct. 2015) B. DOCTRINES OF HIERARCHY OF COURTS
AND ADHERENCE OF JURISDICTION 6. Once appeal has been perfected; and
(The Diocese of Bacolod v. COMELEC, supra)
XPN: The doctrine does not apply where a third-party
NOTE: A direct resort to the Supreme Court includes claimant is involved. This is in consonance with the well- 7. Curative statutes. (Herrera, 2007)
availing of the remedies of certiorari and prohibition established principle that no man shall be affected by any Doctrine of Hierarchy of Courts
to assail the constitutionality of actions of both proceeding to which he is a stranger. (Sps. Crisologo v. NOTE: The rule of adherence of jurisdiction until a
legislative and executive branches of the Omelio, A.M. No. RTJ-12-2321, 03 Oct. 2012, citing Sec. 16, General Rule: A case must be filed with the lowest court cause is finally resolved or adjudicated does not apply
government. Rule 39, ROC, as amended, and quoting Naguit v. CA, G.R. No. possible having the appropriate jurisdiction. when the change in jurisdiction is curative in
137675, 05 Dec. 2000) character. (Abad, et al. v. RTC, G.R. No. L-65505, 12 Oct.
2. When the issues involved are of transcendental Exception: The Supreme Court may disregard hierarchy of 1987)
importance; courts if warranted by the following reasons:
3. Cases of first impression (Ha Datu Tawahig, et al v. 1. Where special and important reasons are present;
Hon. Cebu City Prosecutor I Lineth Lapinid, et al., 2. When dictated by public welfare and policy,
supra.); 3. When demanded by interest of justice;
4. Where the challenged orders are patent nullities;
5. Where compelling circumstances warrant;
UNIVERSITY OF SANTO TOMAS 2 3 UNIVERSITY OF SANTO TOMAS

2023 GOLDEN NOTES FACULTY OF CIVIL LAW
1. SUPREME COURT
C. JURISDICTION OF VARIOUS PHILIPPINE COURTS AND TRIBUNALS
Cases to be decided by Supreme Court En Banc
RTCs are courts of general jurisdiction. 1. All cases involving the constitutionality of a treaty, international or executive agreement, or law (Sec. 4(2), Art. VIII, 1987
Constitution);
1. Boundary dispute NOTE: Since there is no legal provision specifically governing jurisdiction over boundary 2. All other cases which under the Rules of Court are required to be heard en banc (Ibid.);
between municipalities disputes between a municipality and an independent component city of the same province, 3. All cases involving the constitutionality, application or operation of presidential decrees, proclamations, orders,
it follows that RTCs have the power and authority to hear and determine such controversy. instructions, ordinances and other regulations (Ibid.);
(Municipality of Kananga v. Madrona, G.R. No. 141375, 30 Apr. 2003) 4. Cases where the required number of votes in a division is not obtained (Sec. 4(3), Art. VIII, 1987 Constitution);
RTC because it is incapable of pecuniary estimation. It does not involve the recovery of 5. Cases involving a modification or reversal of a doctrine or principle laid down previously in a decision rendered en banc
sum of money. Rather, it deals with the exercise by the government of its authority and right (Ibid.);
2. Expropriation
to take property for public use. (Brgy. San Roque v. Heirs of Pastor, G.R. No. 138896, 20 June 6. Cases involving the discipline of judges of lower courts (Sec. 11, Art. VIII, 1987 Constitution); and
2000) 7. Contests relating to the election, returns, and qualifications of the President or Vice-president. (Sec. 4, Art. VII, 1987
GR: An action for damages for abuse of right as an incident to dismissal is within the Constitution)
exclusive jurisdiction of the labor arbiter.
CIVIL CASES CRIMINAL CASES
XPNs: Exclusive Original
1. The labor arbiter has no jurisdiction for claims of damages based on quasi-delict which
has no reasonable connection with the employer-employee relations claims under the Labor
3. Labor dispute
Code. (Ocheda v. CA, G.R. No. 85517, 16 Oct. 1992)
2. Jurisdiction over the dispute belongs to the regular courts where the claim is in reference
to the general civil law and not in either the Labor Code, other labor relations statute, or a
collective bargaining agreement. (Esico v. Alphaland Corp., G.R. No. 216716, 17 Nov. 2021, J.
Hernando)
The MTC has exclusive original jurisdiction. Under the Revised Rules on Summary
4. Forcible entry and Procedure, MTCs, MTCCs, and MCTCs have jurisdiction over all cases of forcible entry and
unlawful detainer unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be
recovered. (Sec. 1(A)(1), Revised Rules on Summary Procedure)
5. Authority to conduct Petitions for issuance of writs of certiorari,
administrative prohibition and mandamus against the following:
investigations over local It is entrusted to the Secretary of Local Government and concurrent with the
elective officials and to Ombudsman upon enactment of R.A. No. 6770. There is nothing in the Local Government 1. Court of Appeals;
impose preventive Code of 1991 to indicate that it has repealed, whether expressly or impliedly, the pertinent 2. Court of Tax Appeals;
suspension over elective provisions of the Ombudsman Act. (Hagad v. Dadole, G.R. No. 108072, 12 Dec. 1995) 3. Commission on Elections En Banc;
provincial or city 4. Commission on Audit;
Petitions for issuance of writs of certiorari, prohibition and
officials 5. Sandiganbayan.
mandamus against the following:
The Ombudsman must yield to the Division School Superintendent in the investigation
NOTE: The certiorari jurisdiction of the SC has been
of administrative charges against public school teachers. 1. Court of Appeals;
rigorously streamlined, such as that Rule 65 admits
Sandiganbayan.
6. Public school teachers cases based on the specific grounds provided therein.
XPN: If the school superintendent is the complainant or an interested party, all the members
The Rule applies if there is no appeal or any other
of the committee shall be appointed by the Secretary of Education. (Ombudsman v. Galicia,
plain, speedy, and adequate remedy in the ordinary
G.R. No. 167711, 10 Oct. 2008)
course of law. The independent action for certiorari
COA has the primary jurisdiction to pass upon the money claim. It is within the COA's
will lie only if grave abuse of discretion is alleged and
domain to pass upon money claims against the government or any subdivision thereof as
proven to exist. (Lagua v. CA, G.R. No. 173390, 27 Jun.
provided for under Sec. 26 of the Government Auditing Code of the Philippines. Courts may
2012)
7. Enforcement of a money raise the issue of primary jurisdiction sua sponte (on its own will or motion; means to act
claim against a local spontaneously without prompting from another party) and its invocation cannot be waived
government unit by the failure of the parties to argue it as the doctrine exists for the proper distribution of
power between judicial and administrative bodies and not for the convenience of the
parties. (Euro-Med Laboratories, Phil., Inc. v. Province of Batangas, G.R. No. 148106, 17 Jul.
2006)

Appellate c. Quasi-judicial agencies (should be filed
with the CA first);
d. RTC and lower courts;
Petitions for issuance of writ of Kalikasan (Sec. 3, Rule

7, A.M. No. 09-6-8-SC)
1. In cases where the CA imposes reclusion perpetua, life Concurrent with CA and RTC
imprisonment or a lesser penalty, the judgment may be appealed 1. Petitions for habeas corpus and quo warranto; and
to the SC by notice of appeal filed with the CA; Petitions for issuance of writs of certiorari, Petitions for issuance of writs of certiorari, prohibition and
1. Petitions for review on certiorari against: prohibition and mandamus against the lower courts mandamus against the lower courts or bodies.
2. Automatic review for cases of death penalty rendered by the CA; or bodies.
a. CA; Concurrent with CA, SB, and RTC
b. CTA en banc (Sec. 11, R.A. No. 9282) (2006 NOTE: Where the judgment also imposes a lesser penalty for 1. Petitions for the issuance of writ of amparo;
BAR); offenses committed on the same occasion or which arose out of and
Petitions for the issuance of writ of amparo and writ of habeas data.
c. Sandiganbayan; the same occurrence that gave rise to the more severe offense for 2. Petitions for writ of habeas data, where the
d. RTC, in cases involving: which the penalty of death is imposed, and the accused appeals, action involves public data or government office.
the automatic review from the CA to the SC shall include such Concurrent with RTC
i. If no question of fact is involved and lesser offense. Actions affecting ambassadors and other public
the case involves: ministers and consuls.
3. Petition for review on certiorari (Rule 45) from the Concurrent with SB
a) Constitutionality or validity of Sandiganbayan if penalty is less than death, life imprisonment or Petitions for mandamus, prohibition, certiorari, injunctions and
treaty, international or executive reclusion perpetua in criminal cases, and, in civil cases; ancillary writs in aid of its appellate jurisdiction including quo
agreement, law, presidential warranto arising or that may arise in cases filed under E.O. Nos. 1, 2,
decree, proclamation, order, 4. Notice of appeal from the Sandiganbayan if it imposes life 14 and 14-A.
instruction, ordinance or imprisonment or reclusion perpetua or where a lesser penalty is
regulation; imposed involving offenses committed on the same occasion or
which arose out of the same occurrence that gave rise to the
b) Legality of tax, impost, more serious offense for which the penalty of death, reclusion
assessments, or toll, or penalty in perpetua of life imprisonment is imposed;
relation thereto; or
5. Automatic review of death penalty imposed by the
c) Cases in which jurisdiction of Sandiganbayan in the exercise of its original jurisdiction;
lower court is in issue;
6. Criminal cases from the Ombudsman are appealable to the
ii. All cases in which only errors or Supreme Court (Sec. 14, R.A. No. 6770) (2006 BAR);
questions of law are involved;
7. Automatic review whenever the Sandiganbayan, in the exercise
Special civil action of certiorari – filed within 30 days of its appellate jurisdiction, finds that the penalty of death,
against the COMELEC/COA. reclusion perpetua or life imprisonment should be imposed; and
Appeals from RTC in which only errors or questions of law are

involved.
Concurrent with CA
1. Petitions for issuance of writs of certiorari,
prohibition and mandamus against the following:
a. NLRC under the Labor Code;

NOTE: The petitions must first be filed
mandamus against the RTC and lower courts.
with the CA; otherwise, they shall be
dismissed (St. Martin Funeral Homes v.
CA, G.R. No. 130866, 16 Sept. 1998).
b. Civil Service Commission;

2. COURT OF APPEALS 3. COURT OF TAX APPEALS
CIVIL CASES CRIMINAL CASES TAX CASES CRIMINAL CASES

Exclusive Original Exclusive Original
All criminal cases arising from violation of the NIRC, of the
1. Actions for annulment of judgments of RTC (Sec. 9, Tariff and Customs Code and other laws, part of laws, or
Actions for annulment of judgments of RTC based upon B.P. No. 129); In tax collection cases involving final and executory special laws administered by the BIR or the BOC where the
extrinsic fraud or lack of jurisdiction. (Sec. 9, B.P. No. 129; Rule 2. Crimes of Terrorism under the Human Security Act assessments for taxes, fees, charges and penalties where the principal amount of taxes and fees, exclusive of charges and
47, ROC, as amended) of 2007 or principal amount of taxes and fees, exclusive of charges and penalties claimed is less that P1,000,000 or where there is
R.A. No. 9372. penalties claimed is not less than P1,000,000. no specified amount claimed (the offenses or penalties shall
be tried by the regular courts and the jurisdiction of the CTA
Appellate
shall be appellate).
Judgments or decisions of RTC via notice of appeal (except
Appellate
those appealable to the SC or Sandiganbayan):
1. Final judgments, decisions, resolutions, orders, awards 1. Over appeals from the judgment, resolutions or
of: orders of the RTC in tax cases originally decided by
1. Exercising its original jurisdiction;
In tax collection cases involving final and executory them, in their respective territorial jurisdiction.
2. Exercising its appellate jurisdiction; and
a. RTC (original or appellate jurisdiction); assessments for taxes, fees, charges and penalties where the
3. Where the imposable penalty is:
b. Family Courts; RTC on the questions of principal amount of taxes and fees, exclusive of charges and 2. Over petitions for review of the judgments,
constitutionality, validity of tax, jurisdiction involving penalties claimed is less than P1,000,000 tried by the proper resolutions or orders of the RTC in the exercise of
a. Life imprisonment or reclusion perpetua; or
questions of fact, which should be appealed first to MTC, MeTC, and RTC. their appellate jurisdiction over tax cases originally
b. A lesser penalty for offenses committed on the same
the CA; decided by the MeTCs, MTCs, and MCTCs in their
occasion or which arose from the same occurrence
c. Appeals from RTC in cases appealed from MTCs respective jurisdiction.
that gave rise to the offense punishable reclusion
which are not a matter of right; Exclusive Appellate Jurisdiction to Review by Appeal from Commissioner of Internal Revenue
perpetua or life imprisonment (Sec. 3, Rule 122, ROC,
as amended).
2. Appeal from MTC in the exercise of its delegated
1. Decisions in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties
jurisdiction (R.A. No. 7691);
Automatic review in cases of death penalty rendered by the in relation thereto, or other matters arising under the NIRC or other laws administered by BIR;
3. Appeals from Civil Service Commission;
RTC, in which case, it may decide on whether or not to affirm
4. Appeals from quasi-judicial agencies under Rule 43;
the penalty of death. If it affirms the penalty of death, it will 2. Inaction by CIR in cases involving disputed assessments, refunds of IR taxes, fees or other charges, penalties in
5. Appeals from the National Commission on Indigenous
render a decision but will not enter the judgment because it relation thereto, or other matters arising under the NIRC or other laws administered by BIR, where the NIRC or other
Peoples (NCIP); and
will then be forwarded to the SC. applicable law provides a specific period of action, in which case the inaction shall be deemed an implied denial via
6. Appeals from the Office of the Ombudsman in
Petition for Review under Rule 42.
administrative disciplinary cases. (Mendoza-Arce v. Office
NOTE: Death penalty imposed by the RTC is elevated to the
of the Ombudsman, G.R. No. 149148, 05 Apr. 2002) (2006
CA by automatic review while death penalty imposed by the
BAR) Exclusive Appellate Jurisdiction to Review by Appeal from RTC
Sandiganbayan whether in its original or appellate
jurisdiction is elevated to the SC for automatic review. Decisions, orders or resolutions in local tax cases originally decided or resolved by them in the exercise of their original or
Concurrent with SC appellate jurisdiction via Petition for Review under Rule 43.
1. Petitions for issuance of writs of certiorari, Exclusive Appellate Jurisdiction to Review by Appeal from Commissioner of Customs
prohibition and mandamus against the following: 1. Decisions in cases involving liability for customs duties, fees or other charges, seizure, detention or release of
property affected, fines, forfeitures or other penalties in relation thereto; or
a. NLRC under the Labor Code; 2. Other matters arising under the Customs Law or other laws, part of laws or special laws administered by BOC (via
b. Civil Service Commission; Petitions for issuance of writs of certiorari, prohibition and Petition for Review under Rule 42, ROC, as amended).
c. Quasi-judicial agencies; and mandamus against the RTCs and lower courts Exclusive Appellate Jurisdiction to Review by Appeal from Central Board of Assessment Appeals
d. RTCs and other lower courts; Decisions in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property
originally decided by the provincial or city board of assessment appeals via Petition for Review under Rule 43.
2. Petitions for issuance of writ of Kalikasan. (Sec. 3, Exclusive Appellate Jurisdiction to Review by Appeal from Secretary of Finance
Rule 7, A.M. No. 09-6-8-SC) Decision on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which
Concurrent with SC and RTC are adverse to the government under Sec. 2315 of the TCC via Petition for Review under Rule 42.
1. Petitions for habeas corpus and quo warranto; and Exclusive Appellate Jurisdiction to Review by Appeal from Secretary of Trade and Industry and the Secretary of
2. Petitions for the issuance of writs of certiorari, prohibition Agriculture
mandamus against the lower courts or bodies
and mandamus against the lower courts. Decisions of Secretary of Trade and Industry in the case of non-agricultural product, commodity or article, and the Secretary
Concurrent with SC, SB and RTC of Agriculture in the case of agricultural product, commodity or article, involving dumping duties and countervailing duties
1. Petitions for the issuance of writ of amparo; under Secs. 301 and 302, respectively, of the TCC, and safeguard measures under RA 8800, where either party may appeal
Petitions for the issuance of writ of amparo and writ of
2. Petition for writ of habeas data, where the action involves the decision to impose or not to impose said duties (via Petition for Review under Rule 42).
habeas data
public data or government office.

4. SANDIGANBAYAN Exclusive Original

1. In all civil actions in which the subject of
CRIMINAL CASES the litigation is incapable of pecuniary
Exclusive Original estimation;
A. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic
2. In all civil actions which involve the title
Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are
to, or possession of, real property, or any
officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the
interest therein, where the assessed
time of the commission of the offense:
value of the property involved exceeds
P400,000 except actions for forcible
1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade
entry into and unlawful detainer of lands
‘27’ and higher, of the Compensation and Position Classification Act of 1989 (R.A. No. 6758), specifically including:
or buildings, original jurisdiction over
1. Criminal cases not within exclusive jurisdiction of any court, tribunal or
which is conferred upon the MeTCs,
a. Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, body (Sec. 20, B.P. 129):
MTCs, and MCTCs; (B.P. 129, as amended
assessors, engineers, and other provincial department heads: a. Cases where the penalty provided by law exceeds 6 years
by R.A. No. 11576)
b. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and imprisonment irrespective of the fine (R.A. No. 7691); and
other city department heads;
3. In all actions in admiralty and maritime
c. Officials of the diplomatic service occupying the position of consul and higher; b. Cases not falling within the exclusive original jurisdiction of
jurisdiction where the demand or claim
d. Philippine Army and Air Force colonels, naval captains, and all officers of higher rank; the Sandiganbayan where the imposable penalty is
exceeds P2,000,000; (B.P. 129, as
e. Officers of the Philippine National Police while occupying the position of provincial director and those holding imprisonment more than 6 years and none of the accused is
amended by R.A. No. 11576)
the rank of senior superintendent and higher; occupying positions classified as “Grade 27” and higher (Sec.
f. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the 4, P.D. No. 1606, as amended by R.A. No. 8249).
4. In all matters of probate, both testate and
Ombudsman and special prosecutor;
intestate, where the gross value of the
g. Presidents, directors or trustees, or managers of government-owned or controlled corporations, state 2. Cases where the only penalty provided by law is a fine exceeding
estate exceeds P2,000,000; (B.P. 129, as
universities or educational institutions or foundations. P4,000;
2. Members of Congress and officials thereof classified as Grade ‘27’ and higher under the Compensation and Position 3. Other laws which specifically lodge jurisdiction in the RTC:
5. In all actions involving the contract of
Classification Act of 1989; a. Law on written defamation or libel;
marriage and marital relations;
3. Members of the judiciary without prejudice to the provisions of the Constitution; b. Decree on Intellectual Property; and
4. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution; c. Violations of Dangerous Drugs Act regardless of the
6. In all cases not within the exclusive
and imposable penalty except when the offender is under 16 and
jurisdiction of any court, tribunal, person
5. All other national and local officials classified as Grade ‘27’ and higher under the Compensation and Position there are Juvenile and Domestic Relations Court in the
or body exercising jurisdiction of any
Classification Act of 1989. province;
court, tribunal, person or body exercising
judicial or quasi-judicial functions;
B. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and 4. Cases falling under the Family Courts in areas where there are no
employees mentioned in subsection a. of this section in relation to their office. Family Courts (Sec. 24, B.P. 129); and
7. In all civil actions and special proceedings
falling within the exclusive original
C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. 5. Election offenses (Omnibus Election Code) even if committed by an
jurisdiction of a Juvenile and Domestic
official with salary grade of 27 or higher.
Relations Court and of the Court of
NOTE: RTC shall have exclusive original jurisdiction where the information:
Agrarian Relations as now provided by
a. Does not allege any damage to the government or any bribery; or
law; and
b. Alleges damage to the government or bribery arising from the same or closely related transactions or acts in an
amount not exceeding P1,000,000. (Sec. 4, P.D. 1606, as amended by R.A. No. 10660)
8. In all other cases in which the demand,
exclusive of interest, damages of
Exclusive original jurisdiction thereof shall be vested in the proper RTC, MeTC, MTC and MCTC, as the case may be, in
whatever kind, attorney’s fees, litigation
cases where none of the accused are occupying positions corresponding to Salary Grade ‘27’ or higher, or military and PNP
expenses, and costs or the value of the
officers mentioned above. (Sec. 4, P.D. 1606, as amended by R.A No. 10660)
property in controversy exceeds
Appellate
P2,000,000. (B.P. 129, as amended by R.A.
Final judgments, resolutions or orders of regional trial courts whether in the exercise of their own original jurisdiction or of
No. 11576)
their appellate jurisdiction as herein provided.
Appellate
Concurrent with SC
Petitions for mandamus, prohibition, certiorari, injunctions and ancillary writs in aid of its appellate jurisdiction including GR: All cases decided by lower courts in their respective territorial jurisdictions.
quo warranto arising or that may arise in cases filed under E.O. Nos. 1, 2, 14 and 14-A. XPN: Decisions of lower courts in the exercise of delegated jurisdiction. (Sec. 22, B.P. 129)
Concurrent with SC, CA and RTC
Concurrent with SC, SB and CA
Petitions for the issuance of writ of amparo and writ of habeas data.
1. Writ of amparo;
Petitions for the issuance of writs of amparo and habeas data.
2. Writ of habeas data.
5. REGIONAL TRIAL COURTS
Concurrent with SC
CIVIL CASES CRIMINAL CASES

Actions affecting ambassadors and other 6. FAMILY COURTS
public ministers and consuls. (Sec. 21(2), B.P.
No. 129) CIVIL CASES CRIMINAL CASES
Concurrent with SC and CA Exclusive Original
1. Certiorari, prohibition and mandamus
against lower courts and bodies;
2. Habeas corpus and quo warranto.
Concurrent with MTC 1. Where one or more of the accused is/are below 18 years
1. Petitions for guardianship, custody of children, habeas
of age but not less than 9 years of age;
Cases involving enforcement or violations of corpus in relation to minor;
environmental and other related laws, rules
2. When one or more of the victims is a minor at the time
and regulations. (Sec. 2, Rule 1, A.M. No. 09-6-8- 2. Petitions for adoption of children and its revocation;
of the commission of the offense (R.A. No. 8369, Act
SC)
Establishing the Family Courts);
Special Jurisdiction 3. Complaints for annulment and declaration of nullity of
Supreme Court may designate certain branches of RTC to try exclusively: marriage and those relating to marital status and property
3. Cases against minors cognizable under the Dangerous
1. Criminal cases; relations of spouses or those living together under
Drugs Act, as amended;
2. Juvenile and domestic relations cases; different status and agreements; and petitions for
3. Agrarian cases; dissolution of conjugal partnership of gains;
4. Violations of R.A. No. 7610 or the Special Protection of
4. Urban land reform cases not falling within the jurisdiction of any quasi-judicial body; and
Children Against Child Abuse, Exploitation and
5. Other special cases as the SC may determine in the interest of a speedy and efficient administration of justice. (Sec. 4. Petitions for support and/or acknowledgment;
Discrimination Act, as amended by R.A. No. 7658; and
23, B.P. No. 129)
5. Summary judicial proceedings under the Family Code (FC)
5. Cases of domestic violence against:
of the Philippines;
a. Women – involving acts of gender-based violence

6. Petitions for declaration of status of children as
that result, or likely to result in physical, sexual or
abandoned, dependent or neglected children, petitions for
psychological harm or suffering to women; and other
voluntary or involuntary commitment of children, the
forms of physical abuse and coercion which violate a
suspension, termination, or restoration of parental
woman’s personhood, integrity and freedom of
authority and other cases cognizable under P.D. No. 603,
movement; and
E.O. No. 56 (Series of 1986) and other related laws; and
b. Children – which include the commission of all forms

7. Petitions for the constitution of the family home
of abuse, neglect, cruelty, exploitation, violence and
(rendered unnecessary by Art. 153, FC). (Sec. 5, R.A. No.
discrimination and all other conditions prejudicial to
8369)
their development. (Sec. 5, R.A. No. 8369)

7. METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, 1. Actual or constructive seizure of the property under
MUNICIPAL TRIAL COURTS IN CITIES, AND MUNICIPAL CIRCUIT TRIAL COURTS D. ASPECTS OF JURISDICTION legal process, whereby it is brought into the custody of
(R.A. No. 11576, An Act Further Expanding the Jurisdiction of First-Level Courts) the law; or
2. As a result of the institution of legal proceedings, in
CIVIL CASES CRIMINAL CASES which the power of the court is recognized and made
Exclusive Original 1. JURISDICTION OVER THE SUBJECT MATTER effective. (Biaco v. Philippine Countryside Rural Bank,
1. Actions involving personal property where the value of G.R. No. 161417, 08 Feb. 2007)
the property does not exceed P2,000,000; (B.P. 129, as GR: Jurisdiction over the subject matter cannot be waived,
amended by R.A. No. 11576) 1. All offenses punishable with imprisonment not enlarged or diminished by stipulation of the parties. If the action is in rem or quasi in rem, jurisdiction over the
2. Actions for claim of money where the demand does not exceeding 6 years irrespective of the amount of fine (Republic v. Estipular, G.R. No. 136588, 20 Jul. 2000) person of the defendant is not required. What is required is
exceed P2,000,000; (B.P. 129, as amended by R.A. No. and regardless of other imposable accessory or jurisdiction over the res, although summons must be served
11576) other penalties; XPN: Estoppel by laches, by failure to object to the upon the defendant in order to satisfy the requirements of
jurisdiction of the court for a long period of time and by due process. (Gomez v. CA, G.R. No. 127692, 10 Mar. 2004)
3. Probate proceedings, testate or intestate, where the 2. In offenses involving damage to property through
invoking its jurisdiction in obtaining affirmative relief.
value of the estate does not exceed P2,000,000 criminal negligence where the imposable fine does
(Tijam v. Sibonghanoy, G.R. No. L-21450, 15 Apr. 1968)
NOTE: In the foregoing, claim is exclusive of interest, not exceed P10,000 (Sec. 32, B.P. 129 as amended by
R.A. No. 7691); E. JURISDICTION vs. EXERCISE
damages, attorney’s fees, litigation expense, and cost.
1. JURISDICTION OVER THE PARTIES OF JURISDICTION
(B.P. 129, as amended by R.A. No. 11576) 3. Where the only penalty provided by law is a fine not
4. Actions involving title to or possession of real property or exceeding P4,000 (Admin. Circular No. 09-94, June
any interest therein where the value or amount does not 14, 1994); How Jurisdiction over the Plaintiff and Defendant is
EXERCISE
exceed P400,000 exclusive of interest damages, 4. Those covered by the Rules on Summary Procedure, acquired JURISDICTION
OF JURISDICTION
attorney’s fees, litigation expense, and costs (2008 BAR); i.e.: It is any act of the court
(B.P. 129, as amended by R.A. No. 11576) PLAINTIFF DEFENDANT
pursuant to such authority,
a. Violations of traffic laws, rules and 1. By his or her
5. Maritime claims where the demand or claim does not Acquired when the It is the authority to hear which includes making
regulations; voluntary
exceed P2,000,000 (B.P. 129, as amended by R.A. No. action is commenced and decide cases. It does decisions. If there is
b. Violations of the rental law;
11576); appearance in court not depend upon the jurisdiction over the person
c. Violations of municipal or city ordinances; by the filing of the
6. Inclusion or exclusion of voters (Sec. 138, B.P. 881); and his submission to regularity of the exercise and subject matter, the
d. Violations of B.P. 22 (A.M. No. 00-11-01-SC); complaint. This
its authority; or of that power or upon resolution of all other
7. Those covered by the Rules on Summary Procedure: and presupposes payment
2. By valid service of the rightfulness of the questions arising in the case
8. Forcible entry and unlawful detainer; e. All other criminal cases where the penalty is of the docket fees.
summons. decision made. (Lim, et is but an exercise of
9. Those covered by the Rules on Small Claims, i.e., actions imprisonment not exceeding 6 months and/or
al. v. Hon. Felipe jurisdiction. (Herrera v.
for payment of money where the claim does not exceed a fine of P1,000 irrespective of other penalties
Pacquing, et al., G.R. No. Baretto, G.R. No. 8692, 10
P1,000,000, exclusive of interest and costs. (A.M. No. 08- or civil liabilities arising therefrom;
3. JURISDICTION OVER THE ISSUES 115044, 01 Sept. 1994) Sept. 1913; Palma v. Q&S, Inc.,
8-7-SC) 5. All offenses committed by public officers and
G.R. No. L-20366, 16 May
employees in relation to their office, including
How Jurisdiction over the Issues Conferred 1966)
government-owned or –controlled corporations,
and by private individuals charged as co-principals,
GR: It is conferred and determined by the pleadings of the
accomplices or accessories, punishable with
parties that present the issues to be tried and determined F. JURISDICTION vs. VENUE
imprisonment not more than 6 years or where none
whether or not the issues are of fact or of law. (Riano, 2019)
of the accused holds a position classified as “Grade
27” and higher. (Sec. 4, P.D. No. 1606, as amended by
XPNs: It may be conferred: VENUE JURISDICTION
R.A. No. 8249)
As to Definition
1. By stipulation of the parties, as when in the pre-trial,
the parties enter into stipulations of facts and Refers to the place Refers to the authority
Delegated documents or enter into an agreement simplifying the where the case is to be of the court to hear and
issues of the case. (Sec. 2(b), Rule 18, ROC, as amended); heard or tried. (Riano, determine a case.
Cadastral or land registration cases covering lots where:
2019) (Riano, 2019)
1. There is no controversy or opposition;
2. By express or implied consent of the parties, when
2. Contested, but the value does not exceed P100,000 (Sec.
issues not raised by the pleadings are tried, such issues As to Law
34, B.P. 129, as amended by R.A. No. 7691)
shall be treated in all respects as if they had been raised It is a matter of
Special in the pleadings. (Sec. 5, Rule 10, ROC, as amended) procedural law.
Petition for habeas corpus in the absence of all RTC judges in Application for bail in the absence of all RTC judges in the
4. JURISDICTION OVER THE RES Hence, a wrong venue a
the province or city. (Sec. 35, B.P. 129) province or city.
OR THE PROPERTY IN LITIGATION mere procedural It is a matter of
with RTC infirmity, not a substantive law.
Cases involving enforcement or violations of environmental Jurisdiction over the res or property in litigation is acquired jurisdictional defect. (Riano, 2019)
and other related laws, rules and regulations. (Sec. 2, Rule 1, either by: (Riano, 2019, citing
A.M. No. 09-6-8-SC) Pilipinas Shell
Petroleum Corporation
v. Royal Ferry Services,

Inc., G.R. No. 188146, 01
Feb. 2017) G. JURISDICTION OVER CASES COVERED BY BARANGAY CONCILIATION,
As to Waivability AND CASES COVERED BY THE RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS
(A.M. No. 08-8-7-SC, as amended, approved on March 1, 2022)
It may be waived if not
invoked either in a
motion to dismiss or in
RULE ON RULES ON
the answer. (Riano, KATARUNGANG PAMBARANGAY LAW
It cannot be waived. SMALL CLAIMS CASES SUMMARY PROCEDURE
2019, citing City of
(Riano, 2019) Purpose/Object
Lapu-Lapu v. Philippine
Provides for the amicable settlement of
Economic Zone
disputes at the barangay level, as a compulsory To provide a simpler and more
Authority, G.R. No. To achieve an expeditious and
alternative to the formal adjudication of inexpensive and expeditious means
184203, 26 Nov. 2014) inexpensive determination of the
disputes. (Katarungang Pambarangay of settling disputes involving purely
As to Who or What Confers it cases defined to be governed by the
Implementing Rules and Regulations, money claims than the regular civil
It may be conferred by It is fixed by law and Rules on Summary Procedure.
Katarungang Pambarangay Circular No. 1, 01 process.
the act or agreement of cannot be conferred by
June 1992). (1999 BAR)
the parties. (Riano, the parties. (Riano,
Where to file
2019) 2019)
As to Proceedings
The court may dismiss
an action motu proprio 1. For disputes between residents of the
in case of lack of same barangay: the dispute must be
jurisidction over the brought for settlement in the said
subject matter. barangay;
Jurisdiction over the 2. For disputes between residents of different

The court cannot subject matter may be but adjoining barangays and the parties
dismiss an action motu raised at any stage of agree to submit their differences to
proprio for improper the proceedings since amicable settlement: within the same city
venue. (Riano, 2019) it is conferred by law, or municipality where any of the
although a party may respondents reside at the election of the
be barred from raising complainant;
1. MeTC 1. MeTC
it on the ground of 2. MTCC 2. MTCC
estoppel. (Riano, 2019, 3. For disputes involving real property or any
3. MTC 3. MTC
citing La’o v. Republic, interest when the parties thereto agree to
4. MCTC 4. MCTC
G.R. No. 160719, 23 Jan. submit their differences to amicable
2006) settlement by an appropriate lupon therein
shall be brought in the barangay where the
real property or larger portion thereof is
situated; and
4. For disputes arising at the workplace

where the contending parties are employed
or at the institution where such parties are
enrolled for study shall be brought in the
barangay where such workplace or
institution is located.
Civil Cases Covered

All disputes involving parties who actually Purely civil in nature where the a. All cases of forcible entry and
reside in the same city or municipality may be claim or relief prayed for by the unlawful detainer irrespective
the subject of the proceedings for amicable plaintiff is for payment or of the amount of damages or
settlement in the barangay. reimbursement of a sum of money unpaid rentals sought to be
where the value of the claim does not recovered. Where attorney’s
The requirement of undergoing barangay exceed P1,000,000, exclusive of fees are awarded, the same
conciliation proceedings applies only to cases interest and costs. (A.M. No. 08-8-7- shall not exceed P100,000;
involving natural persons, and not where any SC)
of the parties is a juridical person such as a b. All civil actions, except probate
corporation, partnership, corporation sole, a. For money owed under any of proceedings, admiralty and
testate or intestate estate, etc. (Vda. De the following: maritime actions, and small

Borromeo v. Pogoy, G.R. No. L-63277, 29 Nov. claims where the total amount only individuals shall be parties to
1983) i. Contract of Lease; of the plaintiff’s claim does not barangay conciliation proceedings either
exceed P2,000,000.00 as complainants or respondents;
If the only contending party is the government ii. Contract of Loan and other exclusive of interest damages
or its instrumentality or subdivision the case is credit accommodations; of whatever kind, attorney’s 9. Disputes where urgent legal action is
exempted from the requirement of barangay fees, litigation expenses and necessary to prevent injustice from being
conciliation proceedings but when it iii. Contract of Services; costs. (A.M. No. 08-8-7-SC) committed or further continued,
(government or its instrumentality or specifically:
subdivision) is only one of the contending iv. Contract of Sale of personal c. Complaints for damages where
parties, a confrontation should still be property, excluding the the claims do not exceed a. A criminal case where the accused is
undertaken among the other parties. (Gegare v. recovery of the personal P2,000,000.00; under police custody or detention
CA, property, unless it is made the
G.R. No. 83907, 13 Sept. 1989) subject of a compromise d. Cases for the enforcement of b. A petition for habeas corpus by a
agreement between the barangay amicable settlement person illegally detained or deprived
NOTE: Barangay conciliation process is not a parties; or agreements and arbitration of his liberty or one acting on his
jurisdictional requirement, so that non- award where money claim behalf
compliance therewith cannot affect the v. Contract of Mortgage exceeds P1,000,000.00,
jurisdiction which the court has otherwise provided that no execution has c. Actions coupled with provisional
acquired over the subject matter or over the b. For liquidated damages arising been enforced within 6 months remedies, such as preliminary
person of the defendant. Such defense shall be from contracts; and from the settlement date or injunction, attachment, replevin, and
raised in the answer, otherwise, such objection receipt of award or the date support pendent lite.
will be deemed waived. (Aquino v. Aure, G.R. No. c. The enforcement of a barangay when the obligation becos due
153567, 18 Feb. 2008) amicable settlement or an and demandable; d. Where the action may be barred by the
arbitration award involving a Statute of Limitations.
Cases not covered by Barangay Conciliation money claim which does not e. Cases solely for the revival of
exceed P1,000,000. judgment of any first level 10. Labor disputes or controversies arising
1. Where one party is the government or any court; from employer-employee relationship;
subdivision or instrumentality thereof;
2. Where one party is a public officer or f. The civil aspect of violations of 11. Where the dispute arises from the CARL;
employee, and the dispute relates to the BP 22 if no criminal action has
performance of his official functions; been instituted. 12. Actions to annul judgment upon a
3. Offenses punishable by imprisonment compromise which may be directly filed in
exceeding one (1) year or a fine exceeding court. (S.C. Administrative Circular No. 14-
P5,000.00; 93)
Criminal Cases Covered
4. Offenses when there is no private offended 1. Violations of traffic laws, rules
party; and regulations;
5. Where the dispute involves real properties 2. Violations of the rental law;
located in different cities or municipalities
unless the parties thereto agree to submit 3. Violations of municipal or city
their differences to amicable settlement by ordinances;
an appropriate lupon;
4. Violations of B.P. 22 (A.M. No.
When punishable by imprisonment of not
6. Disputes involving parties who actually 00-11-01-SC, April 15, 2003);
more than 1 year or fine of not more than
reside in barangays of different cities or
P5,000. (Sec. 408, LGC)
municipalities, except where such 5. All other criminal cases
barangay units adjoin each other and the imvolving penalty of
parties thereto agree to submit their imprisonment not exceeding
differences to amicable settlement by an one (1) year or a fine not
appropriate lupon; exceeding P50,000.00 or both,
and a fine not exceeding
7. Such other classes of disputes which the P150,000.00 for offenses ;
President may determine in the interest of involving damage to property
justice or upon the recommendation of the through criminal negligence.
Secretary of Justice (Sec. 408, Local
Government Code);
8. Any complaint by or against corporations,

partnerships, or juridical entities, since

III. CIVIL PROCEDURE B. KINDS OF ACTION

(A.M. No. 19-10-20-SC)
1. In Rem
A. GENERAL PROVISIONS When it is founded upon 2. In Personam

(RULE 1) the privity of a real estate.
The realty or interest
3.Quasi in Rem
therein is the subject
Applicability matter of the action.
Difference of Actions In Rem, In Personam, and Quasi in Rem
The Rules of Court shall apply in all the courts, except as NOTE: It is important that
otherwise provided by the Supreme Court. (Sec. 2, Rule 1, the matter in litigation Founded on privity of ACTIONS IN REM ACTIONS IN PERSONAM ACTIONS QUASI IN REM
ROC, as amended) must also involve any of contract such as damages, As to their Nature
the following issues: claims of money, etc.
A proceeding to subject the property of
Actions or Proceedings governed by the Rules of Court (Paper Industries
the named defendant or his interests
1. Title Corporation of the A proceeding to determine title, status A proceeding to enforce personal rights
therein to the obligation or lien
1. Civil actions; 2. Ownership Philippines v. Samson, G.R. or condition of property within its and obligations brought against the
burdening the property. (Riano, 2019,
2. Criminal actions; and 3. Possession No. L-30175, 28 Nov. 1975) borders. person. (Riano, 2019)
citing Asiavest Limited v. CA, G.R. No.
3. Special Proceedings. (Sec. 3, Rule 1, ROC, as amended) 4. Partition
128803, 25 Sept. 1998)
5. Condemnation
Actions or Proceedings NOT governed by the Rules of (Albano, 2017) As to their Purpose
Court 6. Foreclosure of
Deals with the status, ownership or
mortgage
A proceeding to bar indifferently all liability of a particular property but
1. Election cases; 7. Any interest in real To impose through the judgment of a
who might be minded to make any which are intended to operate on these
2. Land registration cases; property (Riano, 2019) court, some responsibility or liability
objection against the right sought to be questions only as between the
3. Cadastral cases; directly upon the person of the
enforced, hence the judgment therein is particular parties to the proceedings
4. Naturalization cases; and defendant. (Domagas v. Jensen, G.R. No.
binding theoretically upon the whole and not to ascertain or cut-off the rights
5. Insolvency proceedings. 158407, 17 Jan. 2005)
world. or interests of all possible claimants.
(Domagas v. Jensen, supra)
NOTE: The Rules may still apply to the cases above by
analogy or in suppletory character and whenever As to their Scope
practicable and convenient. (Sec. 5, Rule 1, ROC, as amended)
As to Venue
Directed against the thing itself instead Directed against particular persons. Directed against particular persons
Real Action vs. Personal Action of against the person. (Riano, 2019) (Domagas v. Jensen, supra) with respect to the res.
REAL ACTION PERSONAL ACTION

As to the Required Jurisdiction
As to Scope A real action is “local” – i.e., Venue of action is
its venue depends upon the transitory – i.e., the place Jurisdiction over the person of the
Jurisdiction over the person of the
location of the property where the plaintiff or any defendant is not required as long as
defendant is not required. Jurisdiction
involved in the litigation. of the principal plaintiffs jurisdiction over the res is acquired.
over the res is acquired either (1) by the Jurisdiction over the person of the
resides, or where the (Biaco v. Philippine Countryside Rural
seizure of the property under legal defendant is required. (Biaco v.
Venue of action shall be defendant or any of the Bank, supra)
process; or (2) as a result of the Philippine Countryside Rural Bank,
commenced and tried in principal defendants
Recovery of personal institution of legal proceedings. (Biaco supra.)
When it affects title to or the proper court which has resides, or in the case of a NOTE: Summons must be served upon
property, the enforcement v. Philippine Countryside Rural Bank,
possession of real jurisdiction over the area non-resident defendant the defendant in order to satisfy due
of a contract or the G.R. No. 161417, 08 Feb. 2007)
property, or interest wherein the real property where he may be found, at process requirements. (Riano, 2019)
recovery of damages.
therein. (Sec. 1, Rule 4, ROC, involved, or a portion the election of the plaintiff.
(Chua v. TOPROS, G.R. No.
as amended) thereof is situated. (Sec. 1, (Sec. 2, Rule 4, ROC, as As to the Effect of Judgment
152808, 30 Sept. 2005)
Rule 4, ROC, as amended) amended)
Judgment will be binding only upon the
Judgment is binding only upon parties litigants, their privies, and their
Judgment is binding upon the whole
impleaded or their successors-in- successors-in-interest, but the
world. (Muñoz v. Yabut, Jr., G.R. No.
interest, but not upon strangers. judgment shall be executed against a
142676 & 146718, 6 June 2011)
(Muñoz v. Yabut, Jr., supra) particular property. The res involved
As to Basis
will answer for the judgment.

Examples amount claimed shall be the test for jurisdiction. (Sec. 5,
C. CAUSE OF ACTION Rule 2, ROC, as amended) (2002 BAR)
(RULE 2)
1. Probate proceedings (Alaban v. 1. Action for partition; NOTE: A joinder of causes of action is only permissive, not
Court of Appeals, G.R. No. 156021, 23 1. Action for specific performance compulsory; hence, a party may desire to file a single suit
Sept. 2005); (Jose v. Boyon, G.R. No. 147369, 23 2. Action for accounting (Riano, 2019, Elements of a Cause of Action (L-C-A) for each of his claims. (Riano, 2019)
Oct. 2005); citing Valmonte v. CA, G.R. No.
2. Cadastral proceedings (In re Estate 108538, 22 Jan. 1996); 1. A Legal right in favor of the plaintiff; Joinder of Claims in Small Claims cases
of Johnson, 39 Phil 156); or 2. Action for breach of contract; or
3. Attachment; or 2. A Correlative legal duty of the defendant to respect such The plaintiff may join, in a single statement of claim, one or
3. Land registration proceedings 3. Action for a sum of money or rights; and more separate small claims against a defendant provided
(Republic v. Herbieto, G.R. No. damages (Riano, 2019) 4. Foreclosure of mortgage (Sahagun v. that the total amount claimed, exclusive of interest and
156117, 26 May 2005) CA, G.R. No. 78328, 03 June 1991) 3. An Act or omission on the part of such defendant in costs, does not exceed P1,000,000.00. (Rules on Expedited
violation of the right of the plaintiff; or constituting a Procedures in First Level Courts, A.M. No. 08-8-7-SC, as
breach of the obligation of the defendant to the plaintiff amended)
for which the latter may maintain an action for recovery
of damages or other appropriate relief with a resulting Misjoinder of Causes of Action
injury or damage which the latter may maintain an
action for the recovery of relief from the defendant. There is a misjoinder when two or more causes of action
(Riano, 2019, citing Metropolitan Bank and Trust were joined in one complaint when they should not be so
Company v. Ley Construction and Development joined.
Corporation, G.R. No. 185590, 3 Dec. 2014)
This is NOT a ground for dismissal of an action. A misjoined
SPLITTING A SINGLE CAUSE OF ACTION cause of action may, on motion of a party or on the initiative
AND ITS EFFECTS of the court, be severed and proceeded with separately by
filing a motion in relation thereto. (Sec. 6, Rule 2, ROC, as
Remedies against Splitting Cause of Action amended) There is no sanction against non-joinder of
separate causes of action.
The defendant may file a motion to dismiss based on either
of the following grounds: However, if the plaintiff refuses to sever the misjoined cause
of action, the complaint may be dismissed pursuant to Sec.
1. Litis pendentia – that there is another action pending 3, Rule 17. (ROC, as amended)
between the same parties for the same cause; or
2. Res judicata – if the first action has already been D. PARTIES TO CIVIL ACTIONS
terminated – that the cause of action is barred by a prior (RULE 3)
judgment or by the statute of limitations. (Sec. 12(a),
Rule 15, ROC, as amended)
Who may be Parties to a Civil Action
Requisites of Joinder of Causes of Action
1. Natural persons;
1. The party shall comply with the rules on joinder of 2. Juridical persons:
parties (Sec. 6, Rule 3, ROC, as amended): a. The State and its political subdivisions;
a. Right to relief exists in favor of or against several
persons; b. Other corporations, institutions and entities for
b. Right to relief arises out of the same transaction or public interest or purpose, created by law; and
series of transaction; and
c. There is a common question of law of law or fact. c. Corporations, partnerships and associations for
private interest or purpose to which the law grants
2. The joinder shall not include special civil actions a juridical personality, separate and distinct from
governed by special rules; that of each shareholder, partner or member (Art.
44, NCC);
3. Where the causes of action are between the same
parties but pertain to different venues or jurisdictions, 3. Entities authorized by law:
the joinder may be allowed in the RTC provided one of
the causes of action falls within the jurisdiction of said a. Corporation by estoppel is precluded from denying
court and venue lies therein; and its existence and the members thereof can be sued
and be held liable as general partners (Sec. 21,
4. Totality Test - Where claims in all causes of action are Corporation Code);
principally for recovery of money, the aggregate

b. A contract of partnership having a capital of three separable from that of Requisites of Class Suit (S-I-N-Ben) (2005 BAR) 7. Ejectment case. (Tanhueco v. Aguilar, G.R. No. L-30369,
thousand pesos or more but which fails to comply indispensable party. (Ibid.) 29 May 1970)
with the registration requirements is nevertheless As to Judgment 1. Subject matter of the controversy is one of common or
Claims that Do Not Survive
liable as a partnership to third persons (Art. 1772 The case may be determined general interest to many persons;
in relation to Art. 1768, NCC); in court but the judgment 2. Parties affected are so numerous that it is 1. Purely personal (e.g., legal separation);
No valid judgment if
therein will not afford a Impracticable to bring them all before the court; 2. Performance that cannot be purely delegated; and
they are not joined.
c. Estate of a deceased person (Limjoco v. Intestate complete relief in favor of the 3. Parties bringing the class suit are sufficiently 3. Claims that cannot be instituted by executor or
Estate of Fragante, G.R. No. L-770, 27 Apr. 1948); prevailing party. Numerous or representative of the class and can fully administrator.
protect the interests of all concerned; and
d. A legitimate labor organization may sue and be Rule when the Defendant’s Name or Identity is 4. Representatives sue or defend for the Benefit of all.
sued in its registered name (Art. 242(e), Labor Code Unknown (Sec. 12, Rule 3; Sulo ng Bayan v. Araneta, G.R. No. L-
of the Philippines); 31061, 17 Aug. 1976)
e. The Roman Catholic Church may be a party and as He may be sued as the unknown owner, heir, devisee, or by Effect of Non-Compliance with the Rules on Substitution
to its properties, the archbishop or diocese to such other designation as the case may require. However, Suits against Entities without Juridical Personality (1999 BAR)
which they belong (Versoza v. Hernandez, G.R. No. when his identity or true name is discovered, the pleading
L-25264, 22 Nov. 1926); and must be amended accordingly. (Sec. 14, Rule 3, ROC, as When two or more persons not organized as an entity with GR: It renders the proceedings of the trial court infirm
amended) juridical personality enter into a transaction, they may be because the court acquired no jurisdiction over the person
f. A dissolved corporation may prosecute and defend sued under the name by which they are generally or of the legal representative. (Brioso v. Rili-Mariano, G.R. No.
suits by or against it provided that the suits: INDIGENT PARTY (2016 BAR) commonly known. In the answer of such defendant, the 132765, 31 Jan. 2003)
i. Occur within three (3) years after its names and addresses of the persons composing said entity
dissolution; and He or she is one: must all be revealed. (Sec. 15, Rule 3, ROC, as amended) Non-compliance therewith results in the undeniable
ii. The suits are in connection with the violation of the right to due process of those who, though
settlement and closure of its affairs. (Sec. 112, 1. Whose gross income and that of his immediate family Effect of the Death of a Party upon a Pending Action not duly notified of the proceedings, are substantially
Corporation Code) do not exceed an amount double the monthly minimum (1999 BAR) affected by the decision rendered therein. (Vda. De Salazar
wage of an employee; and v. CA, G.R. No. 121510, 23 Nov. 1995)
REAL PARTY-IN-INTEREST NOTE: The term “immediate family” includes those 1. Purely personal action – the death of either of the
members of the same household who are bound parties extinguishes the claim and the action is XPNs: Where the non-compliance does NOT deprive the
He or she is the party who stands to be: (B-I-E) together by ties of relationship but does not include dismissed. court of jurisdiction:
those who are living apart from the particular
1. Benefited; household of which the individual is a member. (Tokio 2. Action that is not purely personal – claim is not 1. When the heirs themselves voluntarily appeared,
2. Injured by the judgment in the suit; or Marine Malaya v. Valdez, G.R. No. 150107-08, 28 Jan. extinguished and the party should be substituted by his participated in the case and presented evidence in
3. The party Entitled to the avails of the suit 2008) heirs, executor or administrator. In case of minor heirs, defense of the deceased defendant (Vda. De Salazar v.
(Sec. 2, Rule 3, ROC, as amended) the court may appoint a guardian ad litem for them. CA, G.R. No. 121510, 23 Nov. 1995); or
2. Who does not own real property with a fair market
Indispensable Party vs. Necessary Party value as stated in the current tax declaration of more 3. Action for recovery of money arising from contract 2. In ejectment cases, where the counsel fails to inform the
than Php 300,000.00. (Sec. 19, Rule 141, as amended by and the defendant dies before entry of final court of the death of his client and thereby results in the
INDISPENSABLE A.M. No. 04-2-04-SC) judgment – it shall not be dismissed but shall instead non-substitution of the deceased by his legal
NECESSARY PARTY representatives.
PARTY be allowed to continue until entry of judgment. A
As to Joinder of Parties He or she is one who has no money or property favorable judgment obtained by the plaintiff shall be
Necessary party is one who is sufficient and available for food, shelter and basic enforced in the manner provided in the rules for
not indispensable but who necessities for himself and his family. (Sec. 21, Rule 3, prosecuting claims against the estate of a deceased E. VENUE
ought to be joined as a party ROC, as amended) person as rovided under Rule 86 of the Rules. (Sec. 20, (RULE 4)
Parties in interest
if: Rule 3, ROC, as amended)
without whom no final
NOTE: He or she shall be exempt from the payment of
determination can be
1. Complete relief is to be legal fees. CLAIMS THAT SURVIVE vs. Q: Can a complaint be dismissed by the court motu
had of an action shall
accorded as to those CLAIMS THAT DO NOT SURVIVE proprio based on improper venue?
be joined either as
already parties; or COMPULSORY AND PERMISSIVE
plaintiffs or
JOINDER OF PARTIES Claims/Actions that Survive A: NO. Improper venue is not one of the grounds wherein
defendants. (Sec. 7,
2. For a complete the court may dismiss an action motu proprio. (Universal
Rule 3, ROC, as
determination or Requisites of Permissive Joinder of Parties (2002 BAR) 1. Recovery of contractual money /claims (oral or Corp. v. Lim, G.R. No. 154338, 05 Oct. 2007) Improper venue
amended)
settlement of the claim written) (1999 BAR); is an affirmative defense which the defendant may raise in
subject of the action. 1. Right to relief arises out of the same transaction or 2. Recovery/protection of property rights; his or her answer seasonably, else it is deemed waived. (Sec.
Must be joined under
(Sec. 8, Rule 3, ROC, as series of transactions (connected with the same subject 3. Recovery of real or personal property or interest; 12, Rule 8, ROC, as amended; Marcos-Araneta, et al. v. CA, G.R.
any and all conditions
amended) matter of the suit); and 4. Enforcement of lien; No. 154096, 22 Aug. 2008)
because the court
5. Recovery of damages for an injury to person or
cannot proceed
Necessary parties should be 2. There is a question of law or fact common to all the property and suits by reason of the alleged tortious acts Venue of Real Actions (2008 BAR)
without him or her.
joined whenever possible; plaintiffs or defendants. of the defendant (Board of Liquidators v. Kalaw, G.R. No.
(Riano, 2019)
however, the action can L-18805, 14 Aug. 1967); The venue is local; hence the venue is the place where the
proceed even in their absence CLASS SUITS 6. Actions and obligations arising from delicts; (Aguas v. real property involved or, any portion thereof, is situated.
because his interest is Llemos, G.R. No. L-18107, 30 Aug. 1962); and (Sec. 1, Rule 4, ROC, as amended)

NOTE: An action for annulment of mortgage is a real action 1. KINDS 4. Reply. therefrom to the court wherein his aforesaid complaint
if there has already been a foreclosure sale. (Chua v. Total (RULE 6) or initiatory pleading has been filed. (Sec. 5, Rule 7, ROC,
Office Products and Services, G.R. No. 152808, 30 Sept. 2005) 1. Motion to admit late judicial affidavit/s, position as amended)
(2016 BAR) Kinds of Pleadings papers, or other evidence, except on the ground of force
majeure or acts of God; and Defects and their Effects
Venue of Personal Actions 1. Complaint; 2. Motion for judicial determination of probable cause in
2. Answer; criminal cases. (Sec. 2, Rule II, A.M. No. 08-8-7-SC) 1. Non-Compliance with any of the requirements on
The venue is transitory; hence the venue is the residence of 3. Counterclaims; Certification against Forum Shopping (2006, 2000
the plaintiff or defendant, at the option of the plaintiff. (Sec. a. Compulsory Counterclaim; and 2. PARTS OF A PLEADING BAR) – It is not curable by mere amendment and shall
2, Rule 4, ROC, as amended) b. Permissive Counterclaim (RULE 7) be a cause for the dismissal of the case without
4. Third (Fourth etc.)-Party Complaint; prejudice, unless otherwise provided, upon motion and
Venue of Actions against Non-Residents 5. Complaint-in-Intervention; 1. Caption; after hearing. (Ibid.)
6. Reply; and 2. Body
1. Defendant does not reside but IS FOUND in the 7. Rejoinder. 2. Submission of a False Certification – It shall constitute
Philippines a. Paragraphs; indirect contempt of court, without prejudice to the
PLEADINGS ALLOWED UNDER RULES b. Headings; corresponding administrative and criminal actions.
a. Personal actions: the venue is where the ON EXPEDITED PROCEDURES c. Relief; and (Ibid.)
plaintiff or any of the principal plaintiffs IN THE FIRST LEVEL COURTS d. Date.
resides, or where the non-resident A.M. No. 08-8-7-SC, 1 Mar. 2022 3. Non-compliance with any of the Undertakings – It
defendant may be found, at the election of 3. Signature and address; shall constitute indirect contempt of court, without
the plaintiff. (Riano, 2019, citing Sec. 2, Rule Pleadings allowed in Small Claims Cases 4. Verification (whenever required); prejudice to the corresponding administrative and
4, ROC, as amended) 5. Certification against forum shopping; criminal actions. (Ibid.; Sps. Oliveros v. Sison, A.M. NO.
1. Statement of Claim with verification and certification 6. Names of witnesses who will be presented to prove a RTJ-07-2050, 29 Oct. 2008)
b. Real actions: it shall be commenced and tried against forum shopping, splitting a single cause of party’s claim or defense;
in the proper court which has jurisdiction action, and multiplicity of suits (Form 1-SSC) and duly 7. Summary of the witnesses’ intended testimonies, 4. Commission of Forum Shopping –
over the area wherein the real property certified photocopies of the actionable document/s provided that the judicial affidavits of said witnesses
involved, or a portion thereof, is situated. (Id. subject of the claim, affidavits of witnesses, and other shall be attached to the pleading and form an integral a. If the forum shopping is not considered willful
citing Sec. 1, Rule 4, ROC, as amended) evidence to support the claim, with as many copies part thereof. and deliberate, the subsequent case shall be
thereof as there are defendants. No evidence shall be dismissed without prejudice, on the ground of
2. Defendant does not reside and IS NOT FOUND in the allowed during the hearing which was not attached to 8. Documentary and object evidence in support of the either litis pendentia or res judicata.
Philippines the claim unless good cause is shown for the admission allegations contained in the pleading. (Secs. 1-6, Rule 7, b. If the forum shopping is willful and deliberate,
of the evidence. (Sec. 4, A.M. No. 08-8-7-SC) ROC, as amended) both (or all, if there are more than two) actions
The action may be commenced and tried in the court
shall be dismissed with prejudice. (Chua v.
of the place where the plaintiff resides or where the 2. Response; CERTIFICATION AGAINST FORUM SHOPPING Metropolitan Bank & Trust Co., G.R. No. 182311, 19
property or any portion thereof is situated or found. 3. Counterclaim: Aug. 2009) It shall be a ground for the summary
(Sec. 3, Rule 4, ROC, as amended) a. Compulsory counterclaim Elements of Forum Shopping: dismissal of the action, and shall constitute direct
i. Is within the coverage of the Rule, exclusive of contempt, as well as cause for administrative
NOTE: Unless the Court declares otherwise, it is interest and costs; 1. Identity of parties, or at least such parties representing sanctions on the party of the counsel. (Sec. 5, Rule
submitted that a liberal interpretation of Sec. 3, Rule ii. Arises out of the same transaction or event the same interests in both actions; 7, ROC, as amended)
4—giving the plaintiff a choice of venue in actions that is the subject matter of the plaintiff’s 2. Identity of rights asserted and reliefs prayed for, the
affecting any property of a non-resident defendant claim; relief being founded on the same facts; and 3. MANNER OF MAKING ALLEGATIONS
who is not found in the Philippines—would well serve iii. Does not require for its adjudication the 3. The identity of two preceding particulars, such that any (RULE 8)
the interest of a resident plaintiff rather than of the joinder of third parties; and judgment rendered in the other action will, regardless of
possible absconding non-resident defendant. (Riano, iv. Is not a subject of another pending action. which party is successful amount to res judicata in the a) IN GENERAL
2019) (Sec. 15, A.M. No. 08-8-7-SC) action under consideration. (Buan v. Lopez, G.R. No.
75349, 13 Oct. 1986) Every pleading shall contain in a methodical and logical
b. Permissive counterclaim form a plain, concise, and direct statement of the ultimate
F. PLEADINGS Undertakings of a Party under the Certification against facts, including the evidence on which the party pleading
Counterclaim against the plaintiff that does not arise Forum Shopping (2007 BAR) relies for his or her claim or defense, as the case may be.
out of the same transaction or occurrence, provided
Definition that the amount and nature thereof are within the 1. That the party has not commenced or filed any claim If a cause of action or defense relied on is based on law, the
coverage of the Rule and the prescribed docket and involving the same issues in any court, tribunal, or pertinent provisions thereof and their applicability to him
Pleadings are the written statements of the respective other legal fees are paid. (Sec. 15, A.M. No. 08-8-7-SC) quasi-judicial agency and, to the best of his knowledge, or her shall be clearly and concisely stated. (Sec. 1, Rule 8,
claims and defenses of the parties submitted to the court for no such other action or claim is pending; ROC, as amended)
appropriate judgment. (Sec. 1, Rule 6, ROC, as amended) Pleadings allowed in Cases covered by the Rules on
(2007 BAR) Summary Procedure 2. That if there is such other pending action or claim, a
complete statement of the present status thereof; and
1. Complaint; 3. That if he or she should therefore learn that the same
2. Compulsory counterclaim; or similar action or claim has been filed or is pending,
3. Crossclaims pleaded in the answer; and he or she shall report that fact within five days

b) ACTION OR DEFENSE BASED ON DOCUMENT g.
Estoppel; 5. AMENDED AND SUPPLEMENTAL PLEADINGS (RULE 2. Answer of a Defendant Foreign Private Juridical
h.
Former Recovery; 10) Entity – Where the defendant is a foreign private
Actionable Document i.
Discharge of Bankruptcy; juridical entity and service of summons is made on the
j.
Any other matter by way of confession or Amendments as a Matter of Right (2005, 2008 BAR) government official designated by law to receive the
It is a written instrument or document which is the basis of avoidance; and same, the answer shall be filed within sixty (60)
an action or a defense (e.g., a promissory note in an action k. Grounds for the dismissal of the complaint: 1. Once, at any time before a responsive pleading is calendar days after receipt of summons by such entity.
for collection of a sum of money). i. The court has no jurisdiction over the subject served; or
matter; 2. In the case of a reply, at any time within ten (10) 3. Answer to Amended Complaint
Pleading an Actionable Document ii. There is another action pending between the calendar days after it is served. (Sec. 2, Rule 10, ROC,
same parties for the same cause; or as amended) i. When the plaintiff files an amended
Whenever an action or defense is based upon a written iii. The action is barred by a prior judgment. complaint as a matter of right, the defendant
instrument or document: 2. Under Sec. 12, Rule 8 of the 2019 Revised Rules on AMENDMENTS BY LEAVE OF COURT shall answer the same within thirty (30)
Civil Procedure calendar days after being served with a copy
1. The substance of such instrument or document shall Amendments by Leave of Court (2003 BAR) thereof.
be set forth in the pleading; and a. The court has no jurisdiction over the person of the
2. The original or a copy thereof shall be attached to the defending party; 1. If the amendment is substantial (Sec. 3, Rule 10, ROC, as ii. Where its filing is not a matter of right, the
pleading as an exhibit, which shall be deemed to be a b. The venue is improperly laid; amended); or defendant shall answer the amended
part of the pleading. (Sec. 7, Rule 8, ROC, as amended) c. The plaintiff has no legal capacity to sue; 2. A responsive pleading had already been served complaint within fifteen (15) calendar days
c) SPECIFIC DENIAL d. That the pleading asserting the claim states no (Siasoco v. CA, G.R. No. 132753, 15 Feb. 1999) from notice of the order admitting the same.
cause of action; and An answer earlier filed may serve as the
Forms of Denials Amounting to Negative Defenses e. That a condition precedent for filing the claim has AMENDMENTS TO CONFORM TO answer to the amended complaint if no new
not been complied with. OR AUTHORIZE PRESENTATION OF EVIDENCE answer is filed. (Sec. 3, Rule 11, ROC, as
1. Absolute denial – The defendant specifies each amended)
material allegation of fact the truth of which he or she Denial of Affirmative Defenses; Prohibitions No Amendment Necessary to Conform to or Authorize 4. Answer to Counterclaim or Cross-Claim – A
does not admit and, whenever practicable, sets forth Presentation of Evidence counterclaim or crossclaim must be answered within
the substance of the matters upon which he relies to Denial of affirmative defenses shall not be the subject of: twenty (20) calendar days from service. (Sec. 4, Rule
support his denial; When issues not raised by the pleadings are tried with the 11, ROC, as amended)
1. Motion for reconsideration; express or implied consent of the parties, they shall be
2. Partial denial – The defendant denies only a part of an 2. Petition for Certiorari; treated in all respects as if they had been raised in the 5. Answer to Third (Fourth, etc.)-Party Complaint –
averment; and 3. Petition for Prohibition; and pleadings. No amendment of such pleadings deemed The time to answer a third (fourth, etc.)-party
4. Petition for Mandamus. amended is necessary to cause them to conform to the complaint shall be governed by the same rule as the
3. Denial by disavowal of knowledge – the defendant evidence. (Sec. 5, Rule 10, ROC, as amended) answer to the complaint. (Sec. 5, Rule 11, ROC, as
alleges that he or she is without knowledge or NOTE: The order of denial of affirmative defense is an amended)
information sufficient to form a belief as to the truth of interlocutory order. Effect of Amended Pleading
a material averment made in the complaint (Riano, Remedy on Denial of Affirmative Defenses 6. Reply – A reply, if allowed under Section 10, Rule 6
2019, citing Sec. 10, Rule 8, ROC, as amended; Philippine An amended pleading supersedes the pleading it amends. hereof, may be filed within fifteen (15) calendar days
Bank and Communications v. Go, G.R. No. 175514, 14 Feb. Assign the order of denial as among the matters to be raised However, admissions in the superseded pleading may be from service of the pleading responded to. (Sec. 6, Rule
2011) (2005, 2004 BAR) on appeal after a judgment on the merits. offered in evidence against the pleader. Claims or defenses 11, ROC, as amended)
alleged therein but not incorporated or reiterated in the
Effect of Failure to Make Specific Denials 4. EFFECT OF FAILURE TO PLEAD amended pleading are deemed waived. (Sec. 8, Rule 10, ROC, 7. Answer to Supplemental Complaint – A supplemental
(RULE 9) as amended) complaint may be answered within twenty (20)
GR: Material averments not specifically denied are deemed calendar days from notice of the order admitting the
admitted. GR: Defenses not pleaded in a motion to dismiss or in the same, unless a different period is fixed by the court.
answer are deemed waived. (Sec. 1, Rule 9, ROC, as amended) Supplemental Pleadings (2008 BAR) The answer to the complaint shall serve as the answer
XPN: Allegations as to the amount of unliquidated damages, to the supplemental complaint if no new or
when not specifically denied, are not deemed admitted. XPNs: These defenses may be raised at any stage of the A supplemental pleading is one which sets forth supplemental answer is filed. (Sec. 7, Rule 11, ROC, as
d) AFFIRMATIVE DEFENSES proceedings even for the first time on appeal: transactions, occurrences, or events which have happened amended)
since the date of the pleading sought to be supplemented.
A defendant shall raise his or her affirmative defenses in his 1. Lack of jurisdiction over the subject matter; (Sec. 6, Rule 10, ROC, as amended) 8. Existing Counterclaim or Cross-Claim – A
or her answer, which shall be limited to the following: compulsory counterclaim or a crossclaim that a
NOTE: It may, however, be barred by laches. (Tijam v. defending party has at the time he files his answer shall
6. WHEN TO FILE RESPONSIVE PLEADINGS (RULE 11)
1. Under Sec. 5(b), Rule 6, 2019 Revised Rules on Civil Siboghanoy, G.R. No. L-21450, 15 Apr. 1968) be contained therein. (Sec. 8, Rule 11, ROC, as amended)
Procedure
Period to File Responsive Pleadings
2. Litis pendentia (2010 BAR); 9. Counterclaim or Cross-Claim arising after Answer –
a. Fraud; 3. Res judicata; and 1. Answer to the Complaint – The defendant shall file his A counterclaim or a crossclaim which either matured
b. Statute of Limitations; 4. Statute of limitations. (Sec. 1, Rule 9, ROC, as amended) answer to the complaint within thirty (30) calendar or was acquired by a party after serving his pleading
c. Release; days after service of summons, unless a different may, with the permission of the court, be presented as
d. Payment; period is fixed by the court. (Sec. 1, Rule 11, ROC, as a counterclaim or a cross-claim by supplemental
e. Illegality; amended) pleading before judgment. (Sec. 9, Rule 11, ROC, as
f. Statute of Frauds; amended)

10. Omitted Counterclaim or Cross-Claim – When a
pleader fails to set up a counterclaim or a crossclaim G. FILING AND SERVICE
through oversight, inadvertence, or excusable neglect, (RULE 13)
or when justice requires, he may, by leave of court, set
up the counterclaim or cross-claim by amendment Summary of the Rules on Service
before judgment. (Sec. 10, Rule 11, ROC, as amended)
MANNER WHEN COMPLETE PROOF OF SERVICE
11. Extension of Time to File an Answer – A defendant
Personal Service
may, for meritorious reasons, be granted an additional
period of not more than thirty (30) calendar days to
file an answer. A defendant is only allowed to file one
1. Delivering personally a copy to the party or to the
(1) motion for extension of time to file an answer. (Sec.
party’s counsel, or to their authorized
11, Rule 11, ROC, as amended)
representative named in the appropriate pleading
or motion; or 1. Written admission of the
NOTE: A motion for extension to file any pleading, party served;
other than an answer, is prohibited and considered 2. Official return of the
2. Leaving it in the counsel’s office with his or her
a mere scrap of paper. (Sec. 11, Rule 11, ROC, as Upon actual delivery. (Sec. server; or
clerk or with a person having charge thereof; or
amended) 15, Rule 13, ROC, as 3. Affidavit of the party
3. If no person is found in his or her office or his or amended) serving, containing the
her office is not known, or he or she has no office, date, place and manner of
then by leaving the copy between the hours of service. (Sec. 17, Rule 13,
eight (8) in the morning and six (6) in the evening, ROC, as amended)
at the party’s or counsel’s residence, if known, with
a person of sufficient age and discretion residing
therein. (Sec. 6, Rule 13, ROC, as amended)
Registered Mail
Upon actual receipt of the

By depositing the copy in the post office in a sealed envelope, addressee or five (5)
plainly addressed to the party or his or her counsel at his or calendar days from the 1. Affidavit; and
her office, if known, otherwise at his or her residence, if date he or she received the 2. Registry receipt issued by
known, with postage fully prepaid, and with instructions to first notice to the the mailing office (Sec. 17,
the postmaster to return the mail to the sender after ten (10) postmaster, whichever Rule 13, ROC, as amended)
calendar days if undelivered. (Sec. 7, Rule 13, ROC, as amended) date is earlier (Sec. 15, Rule
13, ROC, as amended); or
Ordinary Mail
1. Affidavit of mailer stating

Upon expiration of ten (10)
the facts showing
calendar days after
If no registry service is available in the locality of either the compliance with Sec. 7 of
mailing, unless the court
sender or the addressee, service may be done by ordinary Rule 11; and
otherwise provides (Sec.
mail. (Sec. 7, Rule 13, ROC, as amended) 2. Registry receipt issued by
15, Rule 13, ROC, as
the mailing officer (Sec. 17,
amended)
Electronic Mail, Facsimile Other Electronic Means

1. RULES ON PAYMENT OF DOCKET FEES; EFFECT OF the payment of legal fees by virtue of the court’s fiscal
NON-PAYMENT independence. (A.M. No. 12-2-03-0, 13 Mar. 2012)
The payment of the docket and other legal fees within the 7. If the plaintiff fails to comply with the jurisdictional
prescribed period is both mandatory and jurisdictional. requirement of payment of the docket fees, the
(Gonzales v. Pe, G.R. No. 167398, 09 Aug. 2011) defendant should timely raise the issue of jurisdiction
otherwise the latter may be estopped. (National Steel
Rules regarding Payment of Docket Fees Corporation v. CA, G.R. No. 123215, 02 Feb. 1999)
1. Electronic Service – at
the time of the electronic
1. In Manchester Development Corporation v. CA, a NOTE: The Manchester Doctrine, on one hand, applies
transmission of the
court acquires jurisdiction only upon payment of the when there is a deliberate, willful, and intentional refusal,
document or when
prescribed docket fee. (G.R. No. 75919, 07 May 1987) avoidance, or evasion to pay the filing fee. The Sun
available, at the time that
1. By Electronic Means – made by sending an e-mail to the Insurance, on the other hand, applies if there is otherwise
the electronic
party’s or counsel’s electronic mail address, or through 2. A defect in the original pleading resulting in the and that the insufficiency of payment was brought about
notification of service of
other electronic means of transmission as the parties may Affidavit of service by the underpayment of the docket fee cannot be cured by without bad faith.
the document is sent;
agree on, or upon direction of the court. person sending the e-mail, amendment, such as the reduction of the claim. This is
2. facsimile, or other electronic because, for all legal purposes, since there is no original 2. EFFICIENT USE OF PAPER RULE; E-FILING
NOTE: It is not effective if
3. By Facsimile – made by sending a facsimile copy to the transmission, together with complaint over which the court has acquired (A.M. No. 10-3-7-SC and A.M. No. 11-9-4-SC,
the party serving the
party’s or counsel’s given facsimile number. printed proof of transmittal. jurisdiction. (Manchester Development Corporation v. as revised, approved on 22 Feb. 2022)
document learns that it did
(Sec. 17, Rule 13, ROC, as CA, G.R. No. 75919, 07 May 1987)
not reach the addressee or
NOTE: Service by electronic means and facsimile shall be amended) Date and Time of Filing
person to be served.
made if the party concerned consents to such modes of 3. In Sun Insurance Office, Ltd v. Asuncion, while the
service. payment of prescribed docket fee is a jurisdictional When Deemed to have
2. Facsimile – upon receipt Manner of Filing
requirement, even its non-payment at the time of filing been Filed
by other party as
does not automatically cause the dismissal of the case, The same shall be deemed to
indicated in the facsimile When the paper or
as long as the fee is paid within the applicable have been filed on the date
printout (Sec. 15, Rule 13, hard copy is filed in and time of filing of the
prescriptive or reglementary period, more so when the
ROC, as amended); person, by registered hard copy, not the date and
party involved demonstrates a willingness to abide by
mail, or by accredited time of the transmission of
the rules prescribing such payment. Thus, when the electronic copy.
courier
insufficient filing fees were initially paid by the
plaintiffs and there was no intention to defraud the The date of the electronic
government, the Manchester rule does not apply. transmission shall be
(Heirs of Hinog v. Melico, G.R. No. 140954, 12 Apr. 2005, considered as the date of
citing Sun Insurance Office, Ltd. v. Asuncion, G.R. No. filing, provided that express
79937-38, 13 Feb. 1989) permission is granted by the
Publication Court for the online filing of
4. The same rule applies to permissive counterclaims, the following documents:
third party claims and similar pleadings, which shall When the manner of
i. Initiatory pleadings
When a party summoned by publication has failed to appear not be considered filed until and unless the filing fee filing of the paper or
and initial
in the action, judgments, final orders or resolutions against prescribed therefor is paid. The court may also allow other court submission
responsive
him shall be served upon him also by publication at the payment of said fee within a reasonable time but also in is made online (e.g. by
pleadings;
expense of the prevailing party. no case beyond its applicable prescriptive or electronic mail or other
ii. Appendices and
reglementary period. means pursuant to Sec.
exhibits to motions
3(d), Rule 13, of the
or other documents
Substituted Service 5. Where the trial court acquires jurisdiction over a claim 2019 Amendments to
that are not readily
by the filing of the appropriate pleading and payment the 1997 Rules of Civil
amenable to
of the prescribed filing fee but, subsequently, the Procedure
electronic scanning;
If service of pleadings, motions, notices, resolutions, orders
judgment awards a claim not specified in the pleading, and
and other papers cannot be made through personal service or or if specified the same has been left for determination
The service is complete at iii. Sealed and
by mail the office and place of residence of the party or his or by the court, the additional filing fee therefor shall
the time of such delivery. confidential
her counsel being unknown, service may be made by constitute a lien on the judgment. It shall be the
(Sec. 8, Rule 13, ROC, as documents or
delivering the copy to the clerk of court, with proof of failure
amended) responsibility of the Clerk of Court or his duly records
of both personal service and service by mail. (Sec. 8, Rule 13, authorized deputy to enforce said lien and assess and
ROC, as amended) collect the additional fee. (Sun Insurance Office, Ltd. v.
Asuncion, G.R. No. 79937-38, 13 Feb. 1989) NOTE: In the absence of the express permission from the
Court to file the foregoing online, the date of filing shall be
6. Cooperatives can no longer invoke Republic Act No. the date when the hard copy was filed in person, sent by
6938, the Philippine Cooperative Act of 2008 (amended registered mail, or delivered to the accredited courier.
by Republic Act No. 9520), as basis for exemption from

Alias Summons 5. SUBSTITUTED SERVICE 3. The defendant is a resident of the Philippines but is
H. SUMMONS temporarily out of the country; or
(RULE 14) The only time that alias summons may be issued by the When allowed 4. In case the defendant does not reside and cannot be
court is when summons has been lost or destroyed. The found in the Philippines, the remedy of the plaintiff in
issuance is upon motion. (Sec. 4, Rule 14, ROC, as amended) It is allowed if, for justifiable causes, the defendant cannot order to acquire jurisdiction to try the case is to convert
be served personally after at least 3 attempts on 2 different the action into a proceeding in rem or quasi in rem by
1. NATURE AND PURPOSE OF SUMMONS
IN RELATION TO ACTIONS IN PERSONAM, Summons shall remain valid until duly served. (Ibid.) dates. (Sec. 6, Rule 14, ROC, as amended) attaching the property of the defendant. (Philippine
IN REM, AND QUASI IN REM Commercial International Bank v. Alejandro, G.R. No.
Return in case of Substituted Service How effected 175587, 21 Sept. 2007)
Summons in relation to Actions In Personam, In Rem
and Quasi In Rem Should substituted service have been effected, the return 1. By leaving copies of the summons at the defendant's NOTE: Those enumerated from 1 to 3 applies to any action,
shall state the following: residence to a person at least 18 years of age and of which necessarily includes personal action. (Riano, 2019)
1. Actions in personam – sufficient discretion residing therein; Summons by publication may be made only with leave of
a. To acquire jurisdiction over the person of the 1. The impossibility of prompt personal service within a court.
defendant; and period of thirty (30) calendar days from issue and 2. By leaving copies of the summons at the defendant's
b. To give notice to the defendant that an action has receipt of summons; office or regular place of business with some competent 7. EXTRATERRITORIAL SERVICE
been commenced against him (Umandap v. Sabio, person in charge thereof. A competent person includes,
Jr., G.R. No. 140244, 29 Aug. 2000) 2. The date and time of the three (3) attempts on at least but is not limited to, one who customarily receives Requisites of Extra-Territorial Service of Summons
two (2) different dates to cause personal service and correspondences for the defendant; (2009 BAR)
2. Actions in rem and quasi in rem – not to acquire the details of the inquiries made to locate the defendant
jurisdiction over the defendant but mainly to satisfy residing thereat; and 3. By leaving copies of the summons, if refused entry upon 1. The defendant is a nonresident;
the constitutional requirement of due process making his or her authority and purpose known, with 2. He or she is not found in the Philippines; and
(Gomez v. CA, G.R. No. 127692, 10 Mar. 2004) 3. The name of the person at least eighteen (18) years of any of the officers of the homeowners’ association or 3. The action against him is either in rem or quasi in rem.
age and of sufficient discretion residing thereat, name condominium corporation, or its chief security officer in
of competent person in charge of the defendant’s office charge of the community or the building where the NOTE: There is no extraterritorial service of summons in an
2. WHO MAY SERVE SUMMONS
or regular place of business, or name of the officer of defendant may be found; and action in personam. Hence, extraterritorial service upon a
the homeowners’ association or condominium nonresident in an action for injunction which is in personam
The summons may be served by the: corporation or its chief security officer in charge of the 4. By sending an electronic mail to the defendant’s is not proper. (Kawasaki Port Service Corp. v. Amores, G.R.
community or building where the defendant may be electronic mail address, if allowed by the court. (Ibid.) No. 58340, 16 July 1991; Banco Do Brasil v. CA, G.R. No.
1. Sheriff; found. (Ibid.)
2. Deputy of the sheriff; 121576-78, 16 June 2000)
3. Other proper court officer; or Requisites
4. PERSONAL SERVICE Manner of Service of Summons in cases of Extra-
4. Plaintiff, provided:
a. There must be failure of service of summons by the When resorting to substituted service, the following Territorial Service (P-I-P-O)
sheriff or his deputy; How effected statutory requirements must be strictly, faithfully, and fully
b. Authorized by the court; observed: 1. With leave of court served outside the Philippines by
c. The summons is to be served outside the judicial 1. By handing a copy of the summons to the defendant in 1. Indicate the impossibility of service of summons within Personal service;
region of the court where the case is pending. (Sec. person, and informing the defendant that he or she is a reasonable time;
3, Rule 14, ROC, as amended) being served; or 2. Specify the efforts exerted to locate the defendant; and 2. As provided for in International conventions to which
3. State that the summons was served upon: the Philippines is a party;
2. If he or she refuses to receive and sign for it, by leaving a. A person of sufficient age and discretion who is
the summons within the view and in the presence of the residing in the address, or 3. With leave of court served by Publication in a
3. VALIDITY OF SUMMONS
defendant. (Sec. 5, Rule 14, ROC, as amended; Sps. b. A person in charge of the office or regular place of newspaper of general circulation, in which case a copy
AND ISSUANCE OF ALIAS SUMMONS
Manuel v. Ong, G.R. No. 205249, 14 Oct. 2014) business, of the defendant of the summons and order of court must also be sent by
registered mail to the last known address of defendant
When Summons is issued
Locus of the Service is not Controlling 4. It is likewise required that the pertinent facts proving (2008 BAR); or
these circumstances be stated in the proof of service or
GR: The court shall, within five (5) calendar days from
Personal service of summons has nothing to do with the in the officer’s return. 4. Any Other manner the court may deem sufficient. (Sec.
receipt of the initiatory pleading and proof of payment of
location where summons is served. A defendant’s address 17, Rule 14, ROC, as amended)
the requisite legal fees, direct the clerk of court to issue the
is inconsequential. The rule is clear in what it requires; 6. CONSTRUCTIVE SERVICE
corresponding summons to the defendants. (Sec. 1, Rule 14,
personally handing the summons to the defendant (albeit 8. PROOF OF SERVICE
ROC, as amended)
tender is sufficient should the defendant refuse to receive Summons by Publication
and sign). What is determinative of the validity of personal Proof of Service
XPN: When complaint is on its face dismissible under Sec. 1,
service is, therefore, the person of the defendant, not the Within ninety (90) calendar days from the commencement
Rule 9, i.e., when it appears on the face of the complaint that
locus of the service. (Sps. Manuel v. Ong, ibid.) of action, service may, by leave of court, be effected upon 1. Be made in writing by the server;
the Court has no jurisdiction over the subject matter and the
action is barred by res judicata, litis pendentia and him or her by publication in the following situations: 2. Set forth the manner, place, and date of service;
prescription. 3. Specify any papers which have been served with the
1. The identity of the defendant is unknown; same;
2. The whereabouts of the defendants are unknown and 4. Be sworn to when made by a person other than a sheriff
cannot be ascertained by diligent inquiry; (Sec. 16, Rule or his deputy; and
14, ROC, as amended)

5. If served by electronic mail, a printout of said e-mail 3. LITIGIOUS MOTIONS XPNs (Grounds):
with a copy of summons, and affidavit of the person
mailing. (Sec. 21, Rule 14, ROC, as amended) Litigious motions include: a. That the court has no jurisdiction over the subject
matter of the claim;
1. Motion for bill of particulars; b. That there is another action pending between the
Proof of Service by Publication 2. Motion to dismiss; same parties for the same cause; and
1. Affidavit of the publisher, editor business or 3. Motion for new trial; c. That the cause of action is barred by a prior
advertising manager, to which affidavit a copy of the 4. Motion for reconsideration; judgment or by the statute of limitations;
publication shall be attached; and 5. Motion for execution pending appeal;
2. Affidavit showing the deposit of a copy of the summons 6. Motion to amend after a responsive pleading has been NOTE: The 2019 Amendments to the Rules of Civil
and order for publication in the post office, postage filed; Procedure deleted the entire Rule on Motion to Dismiss.
prepaid, directed to the defendant by registered mail to 7. Motion to cancel statutory lien; Thus, motions to dismiss are now generally prohibited,
his or her last known address. (Sec. 22, Rule 14, ROC, as 8. Motion for an order to break in or for writ of except the grounds provided herein.
amended) demolition;
9. Motion for intervention; 5. MOTION FOR BILL OF PARTICULARS
10. Motion for judgment on the pleadings; (RULE 12)
I. MOTIONS 11. Motion for summary judgment;
(RULE 15) 12. Demurrer to evidence; Motion for a Bill of Particulars; when Available (2003
13. Motion to declare defendant in default; and BAR)
14. Other similar motions. (Sec. 5(a), Rule 15, ROC, as
1. IN GENERAL amended) Before responding to a pleading, a party may move for a
definite statement or for a bill of particulars of any matter
Definition of a Motion Hearing on litigious motions; discretionary which is not averred with sufficient definiteness or
particularity to enable him or her properly to prepare his or
It is an application for relief other than by a pleading. (Sec. The court may, in the exercise of its discretion, and if her responsive pleading. If the pleading is a reply, the
1, Rule 15, ROC, as amended) (2007 BAR) deemed necessary for its resolution, call a hearing on the motion must be filed within ten (10) calendar days from
motion. Notice of hearing shall be addressed to all parties service thereof. (Sec. 1, Rule 12, ROC, as amended)
Kinds of Motions concerned and shall specify date and time of hearing. (Sec.
1. Non-Litigious Motion – One which does not require When Bill of Particulars is Improper (2003 BAR)
that the parties be heard and which the court may act 4. PROHIBITED MOTIONS
upon without prejudicing the rights of the other party; 1. Specified with particularity;
(Sec. 4, Rule 15, ROC, as amended) (2002 BAR) 2. Within party’s knowledge;
The following motions shall not be allowed: [6M (S-P-A-R-
3. Irrelevant to allegations of complaint; or
E-D)]
2. Litigious Motion – One which requires parties to be 4. More properly ascertainable by discovery. (Herrera,
heard before a ruling on the motion is made by a court 2007)
1. Motion to Suspend proceedings without a temporary
(e.g., motion to dismiss and motion for summary 5.
restraining order or injunction issued by a higher court;
judgment); (Riano, 2019)
Non-Compliance with the Order of a Bill of Particulars
2. Motion for Postponement intended for delay
3. Pro Forma Motion – One which does not satisfy the
requirements of the rules and one which will be treated 1. If the order is not obeyed or in case of insufficient
XPN: If it is based on:
as a motion intended to delay the proceedings. compliance therewith, the court:
a. Acts of God
(Marikina Development Corporation v. Flojo, G.R. No. b. Force Majeure; or
110801, 08 Dec. 1995) a. May order the striking out of the pleading or the
c. Physical inability of the witness to appear and
portion thereof to which the order is directed; or
testify.
b. Make such order as it may deem just. (Sec. 4, Rule
2. NON-LITIGIOUS MOTIONS
3. Motion to hear Affirmative defenses
Non-litigious motions include: 2. If plaintiff is disobedient, his or her complaint will be
4. Motion for Reconsideration of the court’s action on the
stricken off and dismissed (Sec. 3, Rule 17, ROC, as
1. Motion for the issuance of an alias summons; affirmative defenses
amended);
2. Motion for extension to file answer;
3. Motion for postponement; 5. Motion for Extension of time to file pleadings, affidavits
3. If defendant is disobedient, his answer will be stricken
4. Motion for the issuance of a writ of execution; or any other papers;
off and his counterclaim dismissed, and he will be
5. Motion for the issuance of an alias writ of execution; declared in default upon motion of the plaintiff. (Sec. 4,
6. Motion for the issuance of an order directing the sheriff XPN: A motion for extension to file an answer as
Rule 17; Sec. 3, Rule 9, ROC, as amended) (2008, 2003
to execute the final certificate of sale; and provided by Sec. 11, Rule 11; and
BAR)
7. Other similar motions. (Ibid)
6. Motion to Dismiss

3. Even where the notice of
J. DISMISSAL OF ACTIONS dismissal does not provide
(RULE 17) that it is with prejudice but it
is premised on the fact of
payment by the defendant of
the claim involved (Serrano v.
1. WITH PREJUDICE vs. WITHOUT PREJUDICE
Cabrera, G.R. No. L-5189, 21
Sept. 1953)
DISMISSAL WITH PREJUDICE DISMISSAL WITHOUT PREJUDICE
GR: It is without prejudice to the
1. The notice of dismissal by the plaintiff provides that the right of defendant to prosecute his
dismissal is with prejudice; OR counterclaim in a separate action.
A dismissal made by the filing of a notice of dismissal,
2. The plaintiff has previously dismissed the same case in a court Dismissal upon motion of the defendant or upon
i.e., the complaint can be refiled. (Riano, 2019) Since there is no answer yet filed
of competent jurisdiction based on or including the same claim XPN: Unless within fifteen (15) the court's own motion is without prejudice to
by the adverse party, no
(Sec. 1, Rule 17, ROC, as amended) calendar days from notice of the the right of the defendant to prosecute his
counterclaim is recoverable.
motion he manifests his counterclaim on the same or separate action.
The dismissal shall have the effect of adjudication on the merits, preference to have his
unless otherwise declared by the court. (AFP Retirement and counterclaim resolved in the same
Separation Benefits System v. Republic, G.R. No. 188956, 20 Mar. action.
2013)
NOTE: Failure of the plaintiff to appear at the pre-trial when so required shall cause for the dismissal of the action. (Suico
Industrial Corp. v. Lagura-Yap, G.R. No. 177711, 05 Sept. 2012)
2. DISMISSALS WHICH HAVE AN EFFECT OF AN ADJUDICATION ON THE MERITS
DISMISSAL UPON MOTION

DISMISSAL UPON NOTICE
OF PLAINTIFF; DISMISSAL DUE TO THE FAULT OF
BY THE PLAINTIFF;
EFFECT ON EXISTING PLAINTIFF
TWO-DISMISSAL RULE
COUNTERCLAIM
A complaint may be dismissed by
the plaintiff by filing a notice of
dismissal at any time before
service of the answer or of a 1. If, for no justifiable cause, the plaintiff fails to
motion for summary judgment. appear on the date of the presentation of his
Upon such notice being filed, the evidence in chief on the complaint.
court shall issue an order 2. If the plaintiff fails to prosecute his action for
After service of the answer or a
confirming the dismissal. Unless an unreasonable length of time (nolle
motion for summary judgment by
otherwise stated in the notice, the prosequi).
the adverse party. (Sec. 2, Rule 17,
dismissal is without prejudice, 3. If the plaintiff fails to comply with the Rules
ROC, as amended) (2010 BAR)
except that a notice operates as or any order of the court. (Sec. 3, Rule 17,
adjudication upon the merits ROC, as amended) (2008 BAR)
when filed by a plaintiff who has
once dismissed in a competent
court an action based on or
including the same claim. (Sec. 1,
It is a matter of right. A matter of discretion upon the
court. A complaint shall not be
GR: A dismissal without prejudice dismissed at the plaintiff's
i.e., the complaint can be re-filed instance save upon approval of the
court and upon such terms and Matter of evidence.
XPNs: conditions as the court deems
1. The notice of dismissal by the proper. (Sec. 2, Rule 17, ROC, as GR: Dismissal is with prejudice because it has an
plaintiff provides that the amended) (2010 BAR) effect of an adjudication on the merits.
dismissal is with prejudice; or
2. The plaintiff has once GR: It is a dismissal without XPN: Unless otherwise declared by the court.
dismissed in a competent prejudice. (Sec. 3, Rule 17, ROC, as amended)
court an action based on or
including the same claim XPN: If the order of dismissal
(Two-Dismissal Rule) (Sec. 1, specifies that it is with prejudice.
Rule 17, ROC, as amended). (Sec. 2, Rule 17, ROC, as amended)

c. Judicial dispute resolution, if necessary. (Sec. 4,
K. PRE-TRIAL Rule 18, ROC, as amended) L INTERVENTION 1. Viatory right – where the witness resides more
(RULE 18) (RULE 19) than 100 kms. from his or her residence to the
Excused Non-appearance place where he or she is to testify by the ordinary
course of travel; or
Appearance of a party and counsel may only Requisites for Intervention
1. NATURE AND PURPOSE
be excused for: 2. When the permission of the court in which the
a. Acts of God, 1. There must be a motion for intervention filed before detention prisoner’s case is pending was not
Nature of Pre-Trial
b. Force majeure, or rendition of judgment by the trial court (Sec. 1, Rule 19, ROC, obtained. (Sec. 10, Rule 21, ROC, as amended) (2009
c. Duly substantiated physical inability. (Sec. 4, as amended); BAR)
It is mandatory and should be terminated promptly. (Sec. 2, Rule
2. The movant must show in his or her motion that he or she:
Effect of Failure of a Party and Counsel to Appear N. COMPUTATION OF TIME
Purposes of Pre-Trial
without Just Cause despite Notice a. Has an immediate legal interest in the matter in (RULE 22)
The court shall consider the following purposes: controversy, not merely contingent;
It shall result in a waiver of any objections to the b. Has legal interest in the success of either of the parties
faithfulness of the reproductions marked, or their in the action; Rule on Computation of Time
1. Possibility of an amicable settlement or of a submission to
genuineness and due execution. (Ibid.) c. Has legal interest against both parties; or
alternative modes of dispute resolution;
2. Simplification of the issues; d. Is so situated as to be adversely affected by a The day of the act or the event from which the
3. Possibility of obtaining stipulations or admissions of facts 3. PRE-TRIAL BRIEF; distribution or other disposition of the property in the designated period begins to run is to be excluded and
EFFECT OF FAILURE TO FILE custody of the court or of an officer thereof (Sec. 1, Rule the date of performance included. If the last day falls on
and of documents to avoid unnecessary proof;
4. Limitation of the number and identification of witnesses 19, ROC, as amended) (2000 BAR); a Saturday, or a Sunday, or a legal holiday, in the place
and the setting of trial dates; Contents of a Pre-Trial brief where the court sits, the time shall not run until the next
5. Advisability of a preliminary reference of issues to a 3. Intervention will not unduly delay or prejudice the working day.
commissioner; 1. A concise statement of the case and the reliefs adjudication of the rights of original parties; and
6. Propriety of rendering judgment on the pleadings, or prayed for; The rule applies in computing any period prescribed or
summary judgment, or of dismissing the action should a 2. A summary of admitted facts and proposed 4. Intervenor’s rights may not be fully protected in a separate allowed by the Rules, or by order of the court or by any
valid ground therefore be found to exist; stipulation of facts; proceeding. (Mabayo Farms, Inc. v. CA, G.R. No. 140058, 01 applicable statute. (Sec. 1, Rule 22, ROC, as amended)
7. The requirement for the parties to: 3. The main factual and legal issues to be tried or Aug. 2002)
a. Mark their respective evidence if not yet marked in the resolved; Applicability of Art. 13 of the Civil Code
judicial affidavits of their witnesses; 4. The propriety of referral of factual issues to
b. Examine and make comparisons of the adverse parties commissioners; M. SUBPOENA When the law speaks of years, months, days or nights,
evidence vis-à-vis the copies to be marked; 5. The documents or other object evidence to be (RULE 21) it shall be understood that years are of three hundred
c. Manifest for the record stipulations regarding the marked, stating the purpose thereof; sixty-five (365) days; days of twenty-four (24) hours;
faithfulness of the reproductions and the genuineness 6. The names of the witnesses, and the summary of and nights from sunsets to sunrise.
and due execution of the adverse parties’ evidence; their respective testimonies; and Subpoena Duces Tecum
d. Reserve evidence not available at the pre-trial, but only 7. A brief statement of points of law and citation of If months are designated by names, they shall be
in the following manner: authorities. (Sec. 6, Rule 18, ROC, as amended) A process directed to a person requiring him or her to bring with computed by the number of days which they
him or her any books, documents, or other things under his respectively have.
i. For testimonial evidence, by giving the name or When Filed control. (Sec. 1, Rule 21, ROC, as amended)
position and the nature of the testimony of the Subpoena Ad Testificandum In computing a period, the first day shall be excluded
proposed witness; The parties shall file their respective pre-trial briefs in and the last day included.
ii. For documentary evidence and other object such a manner as shall ensure their receipt thereof at It is a process directed to a person requiring him or her to attend
evidence, by giving a particular description of the least three (3) calendar days before the date of the pre- and to testify at the hearing or trial of an action or at any Effect of Interruption
evidence. trial. (Sec. 6, Rule 18, ROC, as amended) investigation conducted by competent authority or for the
taking of his deposition. (Ibid.) Should an act be done which effectively interrupts the
NOTE: No reservation shall be allowed if not made Effect of Failure to File a Pre-Trial Brief running of the period, the allowable period after such
in the manner described above. Effect of Failure to Comply with Subpoena interruption shall start to run on the day after the
It shall have the same effect as failure to appear at the notice of the cessation of the cause thereof. (Sec. 2, Rule
8. Such other matters as may aid in the prompt disposition of pre-trial. (Sec. 6, Rule 18, ROC, as amended) GR: The court or judge which issued the subpoena, upon proof 22, ROC, as amended)
the action. (Sec. 2, Rule 18, ROC, as amended) of the service thereof and of the failure of the witness, may issue
1. If plaintiff fails to file a pre-trial brief – such a warrant for the arrest of the witness and require him or her to The day of the act that caused the interruption shall be
failure shall be a cause for dismissal of the action; pay the cost of such warrant and seizure, if the court should excluded in the computation of the period.
2. APPEARANCE OF PARTIES;
EFFECTS OF FAILURE TO APPEAR determine that his disobedience was willful and without just
2. If defendant fails to do so – such failure shall be a cause. The event referred to would include force majeure,
cause to allow the plaintiff to present his evidence The refusal to obey a subpoena without adequate cause shall be fortuitous events or calamities.
It shall be the duty of the parties and their counsel to appear at:
ex parte. (Sec. 5, Rule 18, ROC, as amended) deemed contempt of the court issuing it. (Secs. 8 and 9, Rule 21,
a. Pre-trial, ROC, as amended)
b. Court-annexed mediation, and
XPNs:

1. DEPOSITIONS Complainant Mary Jane Veloso by Deposition Upon

O. MODES OF DISCOVERY (RULES 23 AND 24) Written Interrogatories under Rule 23 of the Rules
of Court.”
When available
Cristina and Julius objected to the motion asserting
MODES OF DISCOVERY
1. During a pending action (Rule 23) – deposition de bene that such method of taking testimony will violate
Upon ex parte motion of a party, the testimony of any person, whether a party
esse; or their right to confront the witness, Mary Jane, and
or not, may be taken by deposition upon oral examination or written
2. Before action or pending appeal (Rule 24) – deposition that depositions under Rules 23 is limited only in
Deposition Pending Action interrogatories. The attendance of witnesses may be compelled by the use of
in perpetuam rei memoriam civil cases. Can Mary Jane Veloso, who was
(Rule 23) a subpoena as provided in Rule 21. Depositions shall be taken only in
sentenced to death by the Indonesian Government
accordance with these Rules. The deposition of a person confined in prison
DEPOSITIONS PENDING ACTIONS and who is presently confined in a prison facility in
may be taken only by leave of court on such terms as the court prescribes.
Indonesia, testify by way of deposition without
A person who desires to perpetuate his or her own testimony or that of
Depositions Before action or Pending Deposition may either be upon: violating the constitutional right to confrontation
another person regarding any matter that may be cognizable in any court of
Appeal of a witness by the accused?
the Philippines, may file a verified petition in the court of the place of the
(Rule 24) 1. Oral examination; or
residence of any expected adverse party.
2. Written interrogatories. A. YES. It is true that Cristina and Julius have no
Upon ex parte motion, any party desiring to elicit material and relevant facts
opportunity to confront Mary Jane face to face in light
Written Interrogatories to Adverse from any adverse party shall file and serve upon the latter written
NOTE: The deposition of a person confined in prison may be of the prevailing circumstance. However, the terms and
Parties interrogatories to be answered by the party served or, if the party served is a
taken only by leave of court. (Sec. 1, Rule 23, ROC, as amended) conditions laid down by the trial court ensure that they
(Rule 25) public or private corporation or a partnership or association, by any officer
are given ample opportunity to cross-examine Mary
thereof competent to testify in its behalf.
DEPOSITIONS BEFORE ACTION Jane by way of written interrogatories so as not to
At any time after issues have been joined, a party may file and serve upon any
OR PENDING APPEAL defeat the first purpose of their constitutional right. In
Admission by Adverse Party other party a written request for the admission by the latter of the
this case, the trial court required Cristina and Julius,
(Rule 26) genuineness of any material and relevant document or of the truth of any
How Taken through their counsel, to file their comment and may
material and relevant matter of fact.
raise objections to the proposed questions in the
Upon motion of any party showing good cause therefor, the court in which an
Any person who wants to perpetuate his or her own testimony written interrogatories submitted by the prosecution.
action is pending may order any party to produce and permit the inspection
Production or Inspection of Documents or or that of another person regarding any matter that may be The trial court judge shall promptly rule on the
and copying of any designated documents or order any party to permit entry
Things cognizable in any court of the Philippines, may file a verified objections. Thereafter, only the final questions would
upon designated land or other property in his possession or control for the
(Rule 27) petition in the court of the place of residence of any expected be asked by the Consul of the Philippines in Indonesia
purpose of inspecting or photographing the property or any designated
adverse party. (Sec. 1, Rule 24, ROC, as amended) or his designated representative. Also, the trial court
relevant object or operation thereon. (2002, 2009 BAR)
judge will be present during the conduct of written
In an action in which the mental or physical condition of a party is in
Physical and Mental Examination of PEOPLE v. SERGIO interrogatories on Mary Jane. This will give her ample
controversy, the court in which the action is pending may in its discretion
Persons. G.R. No. 240053, 09 Oct. 2019 opportunity to observe and to examine the demeanor
order him or her to submit to a physical or mental examination by a physician.
(Rule 28) of the witness closely. Although the deposition is in
(2005 BAR) Q: In October 2010, the Supreme Court of Indonesia writing, the trial court judge can still carefully perceive
affirmed the conviction of Mary Jane for drug trafficking the reaction and deportment of Mary Jane as she
and sentenced her to death by firing squad. Meanwhile, in answers each question propounded to her both by the
the Philippines, Cristina and Julius were arrested by the prosecution and the defense. (People v. Sergio, G.R. No.
operatives of the Anti-Human Trafficking Division of the 240053, 09 Oct. 2019, J. Hernando)
NBI, and were charged with qualified trafficking in person
and with the crime of illegal recruitment. Upon NOTE: Although the rule on deposition by written
arraignment, Cristina and Julius entered a plea of “not interrogatories is inscribed under Rule 23 of the Rules
guilty” on all charges. on Civil Procedure, it may be applied suppletorily in
criminal proceedings so long as there is a compelling
The PDEA, PNP Crime Laboratory, and the DFA went to reason. (Ibid.)
Wirugonan Prison to interview Mary Jane. She executed a
document known as “Sinumpaang Salaysay ni Mary Jane 2. INTERROGATORIES TO PARTIES
Fiesta Veloso,” where she maintained her innocence and (RULE 25)
narrated how she was recruited by Cristina and Julius. She
alleged that while in Malaysia, Cristina gave Mary Jane the WRITTEN INTERROGATORIES
luggage, which was unusually heavy but, upon checking, she TO ADVERSE PARTIES
found nothing inside. The luggage was the same bag she
used on her trip to Indonesia. Effect of Failure to Serve Written Interrogatories
The Philippine Government requested the Indonesian GR: A party not served with written interrogatories
Government to suspend the scheduled execution of Mary may not be compelled by the adverse party to give
Jane as her testimony is vital in the prosecution of Cristina testimony in open court, or to give a deposition pending
and Julius. The Indonesian authorities however imposed appeal.
some conditions relative to the taking of Mary Jane’s
testimony. Thereafter, the State, through the OSG, filed a
“Motion for Leave of Court to Take the Testimony of
UNIVERSITY OF SANTO TOMAS 42 43

UNIVERSITY OF SANTO TOMAS
2023 GOLDEN NOTES 2023 GOLDEN NOTES
XPN: When allowed by the court and there is good cause shown 1. An action for annulment of a contract where the REFUSAL TO SUBMIT
and the same is necessary to prevent a failure of justice. (Sec. 6, ground relied upon is insanity; TO PHYSICAL OR MENTAL EXAMINATION Q. CONSOLIDATION OR SEVERANCE
Rule 25, ROC, as amended) 2. A petition for guardianship of a person alleged to (RULE 31)
be insane; or 1. Designated facts shall be taken to be
NOTE: Notwithstanding the answer given to written 3. An action to recover damages for personal injury established for the purposes of the action in
interrogatories, a party may still call the adverse party to the where the issue is the extent of the injuries of the accordance with the claim of the party Consolidation vs. Severance
witness stand if not satisfied with the answer. (Meng Tam vs. plaintiff. (Riano, 2019) obtaining the order;
China Banking Corporation, G.R. No. 214054, 05 Aug. 2015) 2. Prohibit the disobedient party to introduce CONSOLIDATION SEVERANCE
6. REFUSAL TO COMPLY evidence of physical and mental conditions; Contemplates a single
3. ADMISSION BY ADVERSE PARTY WITH MODES OF DISCOVERY Involves several actions action having a number
(RULE 29) 3. Strike out all or any part of the pleading of having a common of claims, counterclaims,
(RULE 26)
the disobedient party; question of law or fact crossclaims, third-party
4. Dismiss the action or the proceeding; which may be jointly complaints, or issues
REQUEST FOR ADMISSION CONSEQUENCES OF REFUSAL TO COMPLY
5. Render a judgment by default against the tried. (Sec.1, Rule 31) which may be separately
WITH MODES OF DISCOVERY
disobedient party; tried. (Sec. 2, Rule 31)
Matters requested to be admitted by the Adverse Party
6. Stay further proceedings until order is
REFUSAL TO ANSWER ANY QUESTION
obeyed; or Rule on Consolidation of Cases
1. Genuineness of any material and relevant document UPON ORAL EXAMINATION
7. Render a judgment by default against the
described in and exhibited with the request; or
disobedient party. GR: Consolidation is discretionary upon the court to
1. Order to compel an answer;
2. Truth of any material and relevant matter of fact set forth in 2. Contempt; avoid multiplicity of suits, guard against oppression or
REFUSAL TO THE REQUEST
the request. (Sec. 1, Rule 26, ROC, as amended) 3. Require payment of reasonable fees abuse, prevent delay, clear congested dockets, and
FOR ADMISSION BY ADVERSE PARTY
incurred by the proponent; simplify the work of the trial court and save
Effect of Failure to File and Serve Request for Admission 4. Designated facts shall be taken to be unnecessary costs and expenses.
1. Require payment of reasonable fees incurred
established for the purposes of the action by the proponent (Secs. 1-4, Rule 26); and
Unless otherwise allowed by the court for good cause shown in accordance with the claim of the party XPN: Consolidation becomes a matter of duty when:
2. Each of the matters of which an admission is
and to prevent a failure of justice a party who fails to file and obtaining the order. requested is deemed admitted. (Sec. 5, Rule
serve a request for admission on the adverse party of material 5. Dismiss the action or the proceeding; 1. Two or more cases are pending before the same
26)
and relevant facts at issue which are, or ought to be, within the 6. Render a judgment by default against the judge; or
personal knowledge of the latter, shall not be permitted to disobedient party; 2. If cases are filed with the different branches of the
NOTE: The remedy of the party, in this case, is to file
present evidence on such facts. (Sec. 5, Rule 26, ROC, as amended) 7. Refuse to allow the disobedient party to same RTC and one of such case has not been
a motion to be relieved of the consequences of the
support or oppose claims or defenses; partially tried. (Raymundo v. Felipe, G.R. No. L-
implied admission. The amendment of the complaint
8. Strike out all or any part of the pleading of 30887, 24 Dec. 1971)
4. PRODUCTION OR INSPECTION per se cannot set aside the legal effects of the request
OF DOCUMENTS OR THINGS the disobedient party; for admission since its materiality has not been
(RULE 27) 9. Stay further proceedings until order is affected by the amendment.
obeyed; or R. DEMURRER TO EVIDENCE
Limitations on the Request for Production or Inspection of 10. Order the arrest of the refusing party. (RULE 33)
Documents or Things
P. TRIAL
REFUSAL TO PRODUCE DOCUMENT (RULE 30)
1. Should not be privileged; OR THING FOR INSPECTION, When to File Demurrer to Evidence
COPYING OR PHOTOGRAPHING
2. Should constitute or contain evidence material to any After the plaintiff has completed the presentation of his
1. Designated facts shall be taken to be 1. SCHEDULE OF TRIAL or her evidence, the defendant may move for dismissal
matter involved in the action and which are in his (the party
ordered) possession, custody, or control (Sec. 1, Rule 27, established for the purposes of the action in on the ground that upon the facts and the law the
ROC, as amended); and accordance with the claim of the party 2. ADJOURNMENTS AND POSTPONEMENTS plaintiff has shown no right to relief. (Sec 1, Rule 33,
obtaining the order; ROC, as amended)
3. In the petition, the papers and documents to be produced 2. Refuse to allow the disobedient party to 3. REQUISITES OF MOTION TO POSTPONE TRIAL FOR
must be sufficiently described. support or oppose claims or defenses; ILLNESS OF PARTY OR COUNSEL 1. GROUNDS
3. Strike out all or any part of the pleading of
5. PHYSICAL AND MENTAL the disobedient party; For Illness of Party or Counsel The only ground for demurrer to evidence is upon
EXAMINATION OF PERSONS 4. Dismiss the action or the proceeding; showing that upon the facts and the law, the plaintiff
(RULE 28) 5. Render a judgment by default against the 1. A motion for postponement must be filed; has shown no right to relief. (Sec. 1, Rule 33, ROC, as
disobedient party; 2. The motion must be supported by an affidavit or sworn amended)
When available 6. Stay further proceedings until order is certification showing:
obeyed;
It may be ordered in an action in which the physical or mental 7. Render a judgment by default against the a. The presence of the party or counsel at the trial is
condition of a party is in controversy. (Sec. 1, Rule 28, ROC, as disobedient party; or indispensable; and
amended) 8. Order the arrest of the refusing party. b. That the character of his or her illness is such as to
render his or her non-attendance excusable. (Sec. 3,
Examples: Rule 30, ROC, as amended)

2. EFFECT OF ORDER Any action of the court on a motion for judgment on the As to Merits
DENYING DEMURRER TO EVIDENCE S. JUDGMENTS AND FINAL ORDERS pleadings shall not be subject of an appeal or petition for May be interlocutory (i.e.,
certiorari, prohibition or mandamus. (Sec. 2, Rule 34, ROC, as partial summary
On the merits.
MOTION FOR amended) judgments) or on the
MOTION FOR DEMURRER DEMURRER GRANTED Requisites of a Valid Judgment merits.
DENIED BUT REVERSED ON 2. SUMMARY JUDGMENTS
APPEAL 1. The court or tribunal must be clothed with (RULE 35) 3. RENDITION AND ENTRY OF JUDGMENTS
Denial is interlocutory, hence, Order of the court is authority to hear and determine the matter before AND FINAL ORDERS
not appealable. Sec. 1, Rule 36, adjudication on the merits. it; Requisites of Summary Judgment (2015 BAR) (RULE 36)
which states “that judgment Hence, the requirement in 2. The court must have jurisdiction over the parties
should state clearly and Sec. 1, Rule 36 should be and the subject matter; 1. The motion shall cite the supporting affidavits, depositions Judgment may be penned by a Judge who did not
distinctly the facts and the law complied with. 3. The parties must have been given an opportunity or admissions, and the specific law relied upon; hear the Evidence
on which it is based,” will not to adduce evidence in their behalf;
apply. 4. The evidence must have been considered by the 2. The pleadings, supporting affidavits, depositions, and It is not necessary that the judge who heard the
tribunal in deciding the case; admissions show no genuine issue as to any material fact, evidence be the same judge who shall pen the decision.
DEMURRER TO EVIDENCE IN A CIVIL CASE vs. DEMURRER 5. The judgment must be in writing, personally and except for the amount of damages; and The judge who originally tried the case may die, resign,
TO EVIDENCE IN A CRIMINAL CASE directly prepared by the judge; and be disabled or transferred to another. In such an
(2007, 2003, 2001, 1996, 1991 BAR) 3. The party presenting the motion for summary judgment eventuality, another judge has to continue and finish
6. The judgment must clearly state the facts and the must be entitled to a judgment as a matter of law. the trial.
CIVIL CASE CRIMINAL CASE law on which it is based, signed by the judge and
How filed filed with the clerk of court. (Sec. 1, Rule 36) a) EFFECT OF ORDER DENYING ENTRY OF JUDGMENT AND FINAL ORDER
After the plaintiff The court may dismiss the A MOTION FOR SUMMARY JUDGMENT
has completed the action on the ground of 1. JUDGMENT ON THE PLEADINGS Entry of Judgment (2000 BAR)
Any action of the court on a motion for summary judgment shall
presentation of his or her insufficiency of evidence (1) (RULE 34)
not be subject of an appeal or petition for certiorari, prohibition It refers to the physical act performed by the clerk of
evidence, the defendant On its own initiative after
or mandamus. (Sec. 3, Rule 35, ROC, as amended) court in entering the dispositive portion of the
may move for dismissal giving the prosecution the a) GROUNDS
on the ground that upon opportunity to be heard or (2) judgment in the book of entries of judgment and after
Judgment on the Pleadings Vs. Summary Judgments (2016 the same has become final and executory. The record
the facts and the law the Upon demurrer to evidence Grounds for Judgment on the Pleadings (1999 BAR)
BAR) shall contain the dispositive portion of the judgment or
plaintiff has shown no filed by the accused with or
right to relief. (Sec. 1, without leave of court. (Sec. 23, 1. The answer fails to tender an issue because of: final order and shall be signed by the clerk of court, with
a. General denial of the material allegations of the JUDGMENT ON THE a certificate by said clerk that the judgment has already
Rule 33) Rule 119) SUMMARY JUDGMENT
PLEADINGS become final and executor. (Sec. 2, Rule 36, ROC, as
Leave of court complaint; (Rule 35)
b. Insufficient denial of the material allegations of (Rule 34) amended)
With or Without (Sec. 23, Rule
Not required the complaint; As to Basis
119)
Based on the pleadings, When entered: If no appeal or motion for new trial or
If granted Based solely on the
2. The answer admits material allegations of the depositions, admissions and reconsideration is filed within the time provided in the
The plaintiff cannot make an pleadings.
The plaintiff may appeal adverse party’s pleadings. (Sec. 1, Rule 34, ROC, as affidavits. Rules, the judgment or final order shall forthwith be
appeal from the order of
from the order of amended) As to Availability entered by the clerk in the book of entries of judgments.
dismissal due to the
dismissal of the case. Generally available only (Sec. 2, Rule 36, ROC, as amended)
constitutional prohibition
(Sec. 1, Rule 33) Instances when Judgment on the Pleadings is not to the plaintiff, unless the Available to both plaintiff and
against double jeopardy.
applicable defendant presents a defendant. Finality of Judgment
If denied
counterclaim.
The defendant may adduce his
The defendant may 1. Actions for declaration of nullity of marriage, As to Issue 1. Upon lapse of the reglementary period to appeal,
evidence only if the demurrer
proceed to adduce his annulment of marriage or for legal separation; The answer fails to There is no genuine issue with no appeal perfected within such period, the
is filed with leave of court.
evidence. 2. Unliquidated damages; tender an issue or there between the parties, i.e., there decision becomes final and executory (Sec. 1, Rule
3. Insufficiency of fact – amendment is the remedy. is an admission of may be issues but these are 39, Banco de Brasil v. CA, G.R. Nos. 121576-78, 16
If the plaintiff appeals from the order of dismissal
material allegations. irrelevant. June 2000); and
If plaintiff appeals and
b) ACTION ON MOTION FOR JUDGMENT As to Notice
judgment is reversed by
ON THE PLEADINGS 2. Upon lapse of the reglementary period to file an
the appellate court, it If the court finds the
MR, decision rendered by the SC becomes final and
will decide the case on prosecution’s evidence Action on Motion for Judgment on the Pleadings No notice to the adverse party is executory.
the basis of the plaintiff’s insufficient, it will grant the
required. However, the adverse
evidence with the demurrer by rendering The court may motu proprio or on motion render party may file a comment and Effect of Void Judgments (Doctrine of Total Nullity)
consequence that the judgment acquitting the judgment on the pleadings if it is apparent that the No notice to the adverse serve opposing affidavits,
defendant already loses accused. Judgment of acquittal answer fails to tender an issue, or otherwise admits the party is required. depositions, or admissions A void judgment is in legal effect no judgment. By it no
his or her right to is not appealable because material allegations of the adverse party’s pleadings. within a non-extendible period rights are divested, no rights can be obtained. Being
present evidence. No res double jeopardy sets in. Otherwise, the motion shall be subject to the provisions of five (5) calendar days from worthless in itself, all proceeding founded upon it are
judicata in dismissal due of Rule 15 of these Rules. receipt of motion. equally worthless. It neither binds nor bars anyone. All
to demurrer.
acts performed under it and all claims flowing out of it
are void.

III. CIVIL PROCEDURE PRE-WEEK NOTES 2023
of at least 2/3 of its actual membership. There is
T. POST-JUDGMENT REMEDIES reconsideration “in the higher interest of justice”
when the assailed decision is not only legally
erroneous, but is likewise patently unjust and
potentially capable of causing unwarranted and
1. MOTION FOR NEW TRIAL OR RECONSIDERATION irremediable injury or damage to the parties.
(RULE 37)
A second motion for reconsideration can only be
Motion for New Trial vs. Motion for Reconsideration entertained before the ruling sought to be
reconsidered becomes final by operation of law or
MOTION FOR NEW TRIAL (MNT) MOTION FOR RECONSIDERATION (MR) by the Court’s declaration.
Grounds
In the Division, a vote of three Members shall be
1. Extrinsic Fraud, Accident, Mistake or Excusable negligence (F- required to elevate a second motion for
A-M-E) which ordinary prudence could not have guarded reconsideration to the Court En Banc. (Sec. 3, Rule
against and by reason of which the rights of the aggrieved party 1. The damages awarded are excessive; 15, A.M. No. 10-4-20-SC)
were impaired; or 2. The evidence is insufficient to satisfy the When to file
decision or final order; or
2. Newly discovered evidence, which could not with reasonable 3. The decision or final order is contrary to If denied, the remedy is to appeal from the judgment or final order. (Sec. 9, Rule 37, ROC, as amended)
diligence, have been discovered and produced at the trial, and law. (Sec. 1, Rule 37, ROC, as amended) Resolution
which if presented, would probably alter the result. (Sec. 1, Rule
37, ROC, as amended) Both must be resolved within 30 days from the time it is submitted for resolution
Requisites Rule under Summary Procedure and Small Claims

Both are prohibited motions under Summary Procedure and Small Claims
1. They shall be in writing, stating the ground or grounds
therefore, a written notice of which shall be served by the
movant on the adverse party (Sec. 2, Rule 37, ROC, as amended);
1. They shall be in writing, stating the ground or
2. Affidavit of merit setting forth the particular facts claimed to
grounds therefore, a written notice of which
constitute a meritorious cause of action in case the ground
shall be served by the movant on the adverse
relied upon is (F-A-M-E);
party (Sec. 2, Rule 37, ROC, as amended);
3. In case of newly discovered evidence:
2. Must point out specifically the conclusion of
a. Affidavit of new witness; and
judgment;
b. Duly authenticated documents to be introduced
3. Express reference to testimonial or
documentary evidence or to provisions of law.
NOTE: The requirements are mandatory and non-compliance
therewith is fatal and renders the motion pro forma or a mere scrap of
paper and will not toll the reglementary period for appeal.
When to file
Within the period for taking an appeal or within 15 days after notice to the appellant of the judgment or final order appealed
from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within 30 days
after notice of the judgment or final order. (Sec. 1, Rule 37, ROC, as amended) The filing of a timely motion interrupts the period
to appeal. (Sec. 2, Rule 40; Sec. 3, Rule 41, ROC, as amended)
NOTE: No motion for extension of time to file a Motion for New Trial or Motion for Reconsideration shall be allowed. (Sec. 2,
Limitations
GR: Single motion rule
No party shall be allowed a second motion for
Second motion may be allowed so long as based on grounds not existing reconsideration of a judgment or final order. (Sec.
or available at the time the first motion was made. (Sec. 5, Rule 37, ROC, 5, Rule 37, ROC, as amended)
as amended)
XPN: The SC may allow a second MR in the higher
interest of justice by the Court en banc upon a vote
48 49 UNIVERSITY OF SANTO TOMAS

Requisites of Newly Discovered Evidence (Berry Rule) (A-R- Final Order 4. Whenever circumstances transpire after the finality of the and decided by a lower court. The appeal is taken
M) decision rendering its execution unjust and inequitable. by a petition for review filed with CA on questions
One that puts an end to the particular matter resolved, (Gadrinab v. Salamanca, G.R. No. 194560, 11 June 2014) of facts, of law or on mixed questions of fact and
1. The evidence was discovered After trial; leaving thereafter no substantial proceedings to be had law. (2009, 1998, 1990 BAR)
2. Such evidence could not have been discovered and in connection therewith, except its execution. (Bairan v. e) MODES OF APPEAL (PERIOD, PERFECTION, ISSUES TO
produced at the trial with Reasonable diligence; and Tan Siu Lay, G.R. No. L-19460, 28 Dec. 1966) BE RAISED) 3. Rule 45: Petition for review on certiorari – Taken
3. Such evidence is Material, not merely cumulative, to the SC only on questions of law from a judgment
corroborative or impeaching, and is of such weight that Interlocutory Order (1) APPEAL FROM MUNICIPAL TRIAL COURTS TO or final order rendered in a civil action or special
REGIONAL TRIAL COURTS
if admitted would probably change the judgment. (CIR proceeding by RTC in the exercise of its original
(RULE 40)
v. A. Soriano Corporation, G.R. No. 113703, 31 Jan. 1997) It is an order which does not dispose the case but leave jurisdiction. The appeal is taken by filing a petition
something to be done by the trial court on the merits of Procedure of Appeal from Decisions of the MTC to the RTC for review on certiorari with the SC. (Regalado,
a) REMEDY AGAINST DENIAL the case. (Rule 40) 2010)
If a party wishes to challenge the denial of his or her MNT or MR,
he or she may include such denial in the assignment of errors of c) MATTERS NOT APPEALABLE; (3) PETITION FOR REVIEW
the appeal from the judgment or final order. The order denying AVAILABLE REMEDIES Appeal the decision of the MTC by filing FROM THE REGIONAL TRIAL COURT
1. Order denying a petition for relief or any similar notice of appeal within 15 days, or 30 days TO THE COURT OF APPEALS
an MNT or MR is not appealable, the remedy being an appeal
where a record on appeal is required from (RULE 42)
from the judgment or final order. (Sec. 9, Rule 37, ROC, as motion seeking relief from judgment; receipt of the judgment or final order.
amended) The movant has a fresh period of fifteen days from 2. Interlocutory order;
Q: The RTC affirmed the appealed decision of the
receipt or notice of the order denying or dismissing the motion 3. Order disallowing or dismissing an appeal;
MTC. You are the counsel of the defeated party and
for reconsideration within which to file a notice of appeal. It is 4. Order denying a motion to set aside a judgment by
Copies of the notice of appeal, and the he tells you to appeal the RTC's decision.
no longer assailable by certiorari. (Sec. 9, Rule 37, as amended by consent, confession or compromise on the ground
record on appeal where required, shall be
A.M. No. 07-7-12-SC) of fraud, mistake or duress, or any other ground served on the adverse party. a. What mode of appeal will you adopt?
vitiating consent;
b) FRESH-PERIOD RULE 5. Order of execution;
A: The mode of appeal is by petition for review under
Fresh-Period Rule or Neypes Rule 6. Judgment or final order for or against one or more
The MTC clerk shall transmit the original Rule 42 of the Rules of Court.
of several parties or in separate claims,
To standardize the appeal periods provided in the Rules and to record or the record on appeal, together
counterclaims, cross-claims and third-party with the transcripts and exhibits to the RTC
afford litigants fair opportunity to appeal their cases, the Court b. Within what time and in what court should you
complaints, while the main case is pending, unless within 15 days from perfection of appeal.
deems it practical to allow a fresh period of 15 days within file your appeal? (1998 BAR)
the court allows an appeal therefrom;
which to file the notice of appeal, counted from the receipt of the
7. Order dismissing an action without prejudice (Sec. Upon receipt of the complete record or the
order dismissing a motion for new trial or motion for A: The period of appeal is within 15 days from notice of
1, Rule 41, ROC, as amended); and record on appeal, the RTC clerk shall notify
reconsideration. (Neypes v. CA, G.R. No. 141524, 14 Sept. 2005) the decision subject of the appeal or of the denial of a
8. A judgment based on compromise. the parties of such fact.
motion for new trial or reconsideration filed in due
Application of Fresh-Period Rule time to the CA.
Remedy against Judgment and Orders which are 1. Within 15 days from notice of appeal –
not Appealable appellant shall submit a memorandum to
It applies to: the RTC. Failure of appellant to file a
Petition for Review NOT a Matter of Right
1. Rule 40 – MTC to RTC memorandum shall be a ground for
In those instances where the judgment or final order is
dismissal of the appeal. It is not a matter of right but discretionary on the CA. It
2. Rule 41 – Appeals from RTC not appealable, the aggrieved party may file the
may only be given due course if it shows on its face that
3. Rule 42 – Petition for Review from RTC to CA appropriate special civil action under Rule 65. (Sec. 1, 2. Within 15 days from receipt of
appellant’s memorandum – appellee may the lower court has committed an error of fact and/or
4. Rule 43 – Appeals from quasi-judicial agencies to CA Rule 41, ROC, as amended)
file his memorandum. law that will warrant a reversal or modification of the
5. Rule 45 – Appeals by certiorari to the SC
decision or judgment sought to be reviewed or dismiss
d) DOCTRINE OF FINALITY/IMMUTABILITY
the petition if it finds that it is:
2. APPEALS OF JUDGMENT
(2) APPEAL FROM THE REGIONAL
GR: The doctrine of finality of judgment or immutability TRIAL COURTS 1. Patently without merit;
a) NATURE OF RIGHT TO APPEAL of judgment provides that a decision that has acquired (RULE 41)
2. Prosecuted manifestly for delay; or
finality becomes immutable and unalterable, and may
The right to appeal is not a constitutional or a natural right. 3. The questions raised therein are too unsubstantial
no longer be modified in any respect, even if the Three Modes of Appeal from the Decisions of the RTC (2009,
(Canton v. City of Cebu, G.R. No. 152898 12 Feb. 2007) It is not to require consideration. (Sec. 4, Rule 42, ROC, as
modification is meant to correct erroneous conclusions 2006, 2005, 2002 BAR)
part of due process but a mere statutory privilege that has to be amended)
of fact and law, and whether it be made by the court that
exercised only in the manner and in accordance with the
rendered it or by the Highest Court of the land. (Sps. 1. Rule 41: Ordinary appeal or appeal by writ of error – This
provisions of law. (Stolt-Nielsen v. NLRC, G.R. No. 147623, 13 Dec. (4) APPEALS FROM THE COURT OF TAX
Valarao v. MSC and Company, G.R. No. 185331, 08 June presupposes that the RTC rendered the judgment or final
2005) APPEALS, CIVIL SERVICE COMMISSION,
2016) order in the civil action or special proceeding in the exercise AND QUASI-JUDICIAL AGENCIES
To record some act of the court done at a
former time which was not then carried into of its original jurisdiction and appeal is taken to the CA on (RULE 43)
b) JUDGMENT AND FINAL ORDERS the record , and the power of a court to
SUBJECT TO APPEAL XPNs: make such entries is restricted to placing questions of fact or mixed questions of fact and law. The
upon the record of evidence of judicial
action which has been actually taken appeal is taken by notice of appeal or by record on appeal. Agencies Enumerated under Rule 43 (2006, 2009
An appeal may be taken only from judgments or final orders that
1. Correction of clerical errors; BAR)
completely dispose of the case, or of a particular matter therein
2. The so-called nunc protunc entries which cause no 2. Rule 42: Petition for review – The questioned judgment or
when declared by the Rules of Court to be appealable. (Sec. 1,
prejudice to any party; final order was rendered by RTC in the exercise of its 1. Civil Service Commission;
3. Void judgments; and appellate jurisdiction over a judgment or final order in a 2. Central Board of Assessment Appeals;
civil action or special proceeding originally commenced in 3. Civil Aeronautics Board;

4. Construction Industry Arbitration Commission; (5) APPEALS BY CERTIORARI As to Time Period for Filing from notice of the judgment or final order. (Sec. 2, Rule
5. Land Registration Authority; TO THE SUPREME COURT Filed not later than 60 64, ROC, as amended)
6. Office of the President; (RULE 45) days from notice of
Filed within 15 days from
7. Securities and Exchange Commission; judgment, order or On the other hand, judgments, final orders or
Review by SC on the findings of fact of the CA notice of judgment, final
8. Insurance Commission; resolution sought to be resolutions of the CSC may be taken to the CA under
order or resolution
9. National Electrification Administration; assailed, or from notice Rule 43 of the Rules of Court. (Secs. 1 & 3 Rule 43, ROC,
GR: CA’s findings of fact are final and conclusive and appealed from.
10. National Telecommunications Commission; of denial of an MR or as amended)
cannot be reviewed on appeal to the SC. (Natividad v.
11. Government Service Insurance System; MNT.
MTRCB, G.R. No. 161422, 13 Dec. 2007)
12. Voluntary Arbitrators authorized by law; As to Staying of Judgement Appealed From (7) DISMISSAL, REINSTATEMENT,
13. Energy Regulatory Board; Does not stay the AND WITHDRAWAL OF APPEAL
XPNs:
14. Bureau of Patents, Trademarks and Technology Transfer; judgment or order
15. Board of Investments; Stays the judgment Grounds for Dismissal of Appeal before the CA
subject of the petition,
1. The conclusion of the CA is grounded entirely on sought to be appealed
16. Social Security Commission; unless enjoined or
speculations, surmises and conjectures; An appeal may be dismissed by the Court of Appeals, on
17. Philippine Atomic Energy Commission; restrained.
2. The inference made is manifestly mistaken, absurd its own motion or on that of the appellee, on the
18. Agricultural Inventions Board; As to the Requirement of a Prior Motion
or impossible; following grounds:
19. Department of Agrarian Reform under RA 6657; and for Reconsideration
3. There is grave abuse of discretion;
20. Employee Compensation Commission. (Sec. 1, Rule 43, ROC, Requires, as a general
4. The judgment is based on misapprehension of a. Failure of the record on appeal to show on its face
as amended) rule, a prior motion for
facts; that the appeal was taken within the period fixed
Does not require a prior reconsideration. (Bases
5. The findings of facts are conflicting; by these Rules;
NOTE: The list of quasi-judicial agencies enumerated under motion for Conversion and
6. The CA in making its findings went beyond the b. Failure to file the notice of appeal or the record on
Rule 43 is NOT exclusive. The following are quasi-judicial reconsideration Development Authority
issues of the case and the same is contrary to the appeal within the period prescribed by these Rules;
agencies the judgments and final orders of which are also v. Uy, G.R. No. 144062, 02
admissions of both appellant and appellee; c. Failure of the appellant to pay the docket and other
covered by Rule 43: Nov. 2006)
7. The findings are contrary to those of the trial court; lawful fees as provided in Sec. 5, Rule 40 and
8. The findings of facts are conclusions without As to the Parties involved in the proceeding
a. Professional Regulation Commission (Cayao-Lasam v. section 4 of Rule 41 (Bar Matter No. 803, 17 Feb.
citation of specific evidence on which they are The parties are the The tribunal, board, or
Sps. Ramolete, G.R. No. 159132, 18 Dec. 2008); 1998);
based; original parties with the officer exercising
b. Bureau of Immigration (Tze Sun Wong v. Wong, G.R. No. d. Unauthorized alterations, omissions or additions in
9. The facts set forth in the petition as well as in the appealing party as the judicial or quasi-judicial
180364, 03 Dec. 2014); and the approved record on appeal as provided in Sec.
petitioner’s main and reply briefs are not disputed petitioner and the functions is impleaded
c. Bangko Sentral ng Pilipinas (Monetary Board v. 4 of Rule 44;
by the respondents; adverse party as the as respondent. (Sec. 5
Philippine Veterans Bank, G.R. No. 18957, 21 Jan. 2015) e. Failure of the appellant to serve and file the
10. The findings of fact of the CA are premised on the respondent, without Rule 65, ROC, as
required number of copies of his brief or
supposed absence of evidence and contradicted by impleading the lower amended)
Filing an Appeal from a Decision of the CTA (2009 BAR) memorandum within the time provided by these
the evidence on record; or court or its judge. (Sec.
Rules;
11. Those filed under Writs of amparo, habeas data, or 4(a), Rule 45, ROC, as
An appeal from a decision or resolution of the CTA in Division f. Absence of specific assignment of errors in the
kalikasan. amended)
on an MNT or MR shall be taken to the CTA En Banc by petition appellant's brief, or of page references to the
As to the Court which have Jurisdiction.
for review as provided in Rule 43 of the Rules of Court. (Sec. 4, record as required in Sec. 13, paragraphs (a), (c),
Petition for Review on Certiorari under Rule 45 vs. Filed with the RTC (Sec. (d) and (f) of Rule 44;
Rule 8, A.M. No. 05-11-07-CTA)
Certiorari under Rule 65 21, B.P. 129); g. Failure of the appellant to take the necessary steps
With the CA (Sec. 9, B.P. for the correction or completion of the record
Jurisdiction of CA to Review the Decisions in Criminal and Filed with the SC. (Sec. 1,
PETITION FOR REVIEW SPECIAL CIVIL ACTION 129); or within the time limited by the court in its order;
Administrative Cases of the Ombudsman Rule 45, ROC, as amended)
ON CERTIORARI FOR CERTIORARI With the SC (Sec. 5(1), h. Failure of the appellant to appear at the
(Rule 45) (Rule 65) Article VIII, 1987 preliminary conference under Rule 48 or to comply
1. In administrative disciplinary cases, the rulings of the Office Constitution)
of the Ombudsman are appealable to the CA under Rule 43. As to Nature with orders, circulars, or directives of the court
A special civil action that without justifiable cause; and
is an original action Appeal from Judgment or Final Order of the Sandiganbayan i. The fact that the order or judgment appealed from
2. Where the findings of the Ombudsman on the existence of A mode of appeal which
probable cause in criminal cases is tainted with grave abuse (Rule 65) directed is not appealable. (Sec. 1, Rule 50, ROC, as amended)
seeks to review final 1. The appeal to the SC in criminal cases decided by the
of discretion amounting to lack or excess of jurisdiction, the against an interlocutory
judgments and orders. Sandiganbayan in the exercise of its original jurisdiction –
aggrieved party may file a petition for certiorari with the SC order or matters where Grounds for Dismissal of Appeal Before the SC
(Sec. 2, Rule 41, ROC, as by notice of appeal; and
under Rule 65. (Enemecio v. Office of the Ombudsman, G.R. no appeal may be taken
amended) 2. The appeal to the SC in criminal cases decided by the
No. 146731, 13 Jan. 2004) from. (Sec. 1, Rule 41, 1. The appeal may be dismissed motu proprio or on
ROC, as amended) Sandiganbayan in the exercise of its appellate jurisdiction – motion of the respondent on the following
As to Inclusion to the Appellate Process by petition for review on certiorari under rule 45. (Sec. 1(a), grounds:
3. In criminal cases, the ruling of the Ombudsman shall be
Rule XI, A.M. No. 13-7-05-SB, effective 16 Nov. 2018) 2. Failure to take the appeal within the reglementary
elevated to the SC by way of Rule 65. A continuation of the Not part of the appellate
appellate process over process, it is an period;
(6) REVIEW OF JUDGMENTS OR FINAL ORDERS OF THE 3. Lack of merit in the petition;
the original case. independent action.
COMMISSION ON AUDIT AND COMMISSION ON ELECTIONS
As to the Questions Raised 4. Failure to pay the requisite docket fee and other
(RULE 64)
Raises questions of law Raises questions of lawful fees or to make a deposit for costs;
jurisdiction A judgment, resolution or final order of the COMELEC and the 5. Failure to comply with the requirements regarding
COA may be brought by the aggrieved party to the SC on proof of service and contents of and the documents
certiorari under Rule 65 by filing the petition within 30 days which should accompany the petition;

6. Failure to comply with any circular, directive or order of the 1. Extrinsic Fraud – four years from discovery Rule 39, compellable by writ of mandamus. (Greater EXECUTION OF JUDGMENTS FOR MONEY
Supreme Court without justifiable cause; 2. Lack of jurisdiction – before it is barred by laches Metropolitan Manila Solid Waste Management Committee v.
7. Error in the choice or mode of appeal; and or estoppel (Sec. 3, Rule 47, ROC, as amended) Jancom Environmental Corporation, G.R. No. 163663, 30 June Three Ways to enforce a Judgment for Money
8. The fact that the case is not appealable to the Supreme 2006)
Court. (Sec. 5, Rule 56, ROC, as amended) Effect of Judgment of Annulment 1. Immediate payment on demand;
DISCRETIONARY EXECUTION 2. Satisfaction by levy; and
Reinstatement of Appeal A Judgment of Annulment shall set aside the questioned 3. Garnishment of debts and credits.
judgment or final order or resolution and render the It constitutes an exception to the rule that a judgment cannot be
An appeal is an essential part of our judicial system and trial same null and void, without prejudice to the original executed before the lapse of the period for appeal or during the Levy (2010 BAR)
courts are advised to proceed with caution so as not to deprive action being refiled in the proper court. (Sec. 7, Rule 47, pendency of an appeal. (Sec. 2, Rule 39, ROC, as amended)
a party of the right to appeal and instructed that every party- ROC, as amended) It is the act by which an officer sets apart or
litigant should be afforded the amplest opportunity for the Requisites for Discretionary Execution appropriates a part or the whole of the property of the
proper and just disposition of his cause, freed from the 5. COLLATERAL ATTACK ON JUDGMENTS judgment debtor for purposes of the execution sale.
constraints of technicalities. (Lazaro vs. Court of Appeals, G.R. No. 1. There must be a motion filed by the prevailing party with
137761, 06 Apr. 2000) notice to the adverse party; A lawful levy on execution is indispensable to a valid
DIRECT ATTACK COLLATERAL ATTACK
Withdrawal of Appeal 2. There must be a hearing of the motion for discretionary sale on execution. A sale, unless preceded by a valid
As to nature and object
execution; levy, is void, and the purchaser acquires no title to the
Made through an action
An appeal may be withdrawn as of right at any time before the 3. There must be good reasons to justify the discretionary property sold. Without a proper levy, the property is
or proceeding the main
filing of the appellee’s brief. Thereafter, the withdrawal may be execution; and not placed under the authority of the court. The court
object of which is to
allowed in the discretion of the court. (Sec. 3, Rule 50, ROC, as 4. The good reasons must be stated in a special order. (Sec. 2, does not acquire jurisdiction over the property subject
annul, set aside or enjoin
amended) Made when, in another Rule 39, ROC, as amended) of execution; hence, it could not transmit title thereto.
the enforcement of such
action to obtain a (Cagayan de Oro Coliseum, Inc. v. CA, G.R. No. 129713, 15
judgment if not yet
3. PETITION FOR RELIEF FROM JUDGMENT different relief, an attack Staying a Discretionary Execution Dec. 1999)
carried into effect; or if
(RULE 38) on the judgment is made
the property has been
as an incident in said It may be stayed upon approval by the proper court of a EXAMINATION OF JUDGMENT OBLIGOR
disposed of, the
Grounds for Availing of the Remedy action. (Ibid.) sufficient supersedeas bond filed by the party against whom WHEN JUDGMENT IS UNSATISFIED
aggrieved party may sue
execution is directed, conditioned upon the performance of the
for recovery. (Co v. CA,
1. A judgment or final order is entered, or any other judgment or order allowed to be executed in case it shall be Effect when the Judgment was Returned Unsatisfied
G.R. No. 93687, 06 May
proceeding is thereafter taken against a party in any court finally sustained in whole or in part. (Sec. 3, Rule 39, ROC, as (2008, 2002 BAR)
1991)
through fraud, accident, mistake, or excusable negligence amended)
(Sec. 1, Rule 38, ROC, as amended); or 1. The judgment creditor may cause examination of
EXECUTION BY MOTION the judgment debtor as to his or her property and
U. EXECUTION, SATISFACTION, OR BY INDEPENDENT ACTION income (Sec. 36, Rule 39, ROC, as amended);
2. The petitioner has been prevented from taking an appeal by
AND EFFECT OF JUDGMENTS
fraud, accident, mistake, or excusable negligence. (Sec. 2,
(RULE 39) Modes of Execution of Final and Executory Judgment or 2. The judgment creditor may cause examination of
Order and Revived Judgment the debtors of the judgment debtor as to any debt
When to File Petition owed by him or her or to any property of the
EXECUTION AS A MATTER OF RIGHT 1. Execution by motion – if the enforcement of the judgment judgment debtor in his or her possession before the
1. Within 60 days after the petitioner acquired knowledge of is sought within five (5) years from the date of its entry; court or a commissioner appointed by it, at a time
the order, judgment, or proceedings and not from the date Execution will issue as a matter of right when: (2007 BAR) and and place within the province or city where such
he actually read the same. (Perez v. Araneta, G.R. No. L- debtor resides or is found (Sec. 37, Rule 39, ROC, as
11788, 16 May 1958) 1. The judgment has become final and executory (Sec. 2. Execution by independent action – if the five (5) year amended);
1, Rule 39, ROC, as amended); period has elapsed and before it is barred by statute of
2. Not more than 6 months from entry of such judgment, order limitations which is 10 years from the date entry under Art. 3. If the court finds, after examination, that there is
or other proceeding. (Sec. 3, Rule 38, ROC, as amended) 2. Judgment debtor has renounced or waived his right 1144 (3) of the New Civil Code. This action is a personal one property of the judgment debtor either in his or her
to appeal; and not quasi in rem. (Sec. 6, Rule 39, ROC, as amended) own hands or that of any person, the court may
order the property applied to the satisfaction of the
4. ANNULMENT OF JUDGMENT
(RULE 47) 3. The period for appeal has lapsed without an appeal NOTE: The date of finality of judgment or final order shall be judgment (Sec. 37, Rule 39, ROC, as amended);
having been filed; or deemed to be the date of its entry. (No longer based on the
mechanical act of recording). (2000 BAR) 4. If the court finds the earnings of the judgment
Grounds for Annulment
4. Having been filed, the appeal has been resolved and debtor are more than sufficient for his or her
the records of the case have been returned to the However, if the judgment is based upon a compromise which is family’s needs, it may order payment in fixed
1. Extrinsic Fraud (Period: Four years from discovery)
court of origin. (Florendo v. Paramount Insurance immediately final and executory, prescription runs from the monthly installments (Sec. 40, Rule 39, ROC, as
2. Lack of jurisdiction (Sec. 2, Rule 47, ROC, as amended)
Corp, now MAA General Insurance Inc., G.R. No. date of its rendition and not from date of entry. (Jacinto v. IAC, amended);
(Period: before it is barred by laches or estoppel, Sec. 3, Rule
167976, 20 Jan. 2010) G.R. No. 66478, 28 Aug. 1988)
5. The court may appoint a receiver for the property
3. Denial of due process (Baclaran Marketing Corp. v. Neiva,
Remedy if a Motion for Execution is Denied of the judgment debtor not exempt from execution
G.R. No. 189881, 19 Apr. 2018)
or forbid a transfer or disposition or interference
The remedy is mandamus. The issuance of writ of with such property (Sec. 41, Rule 39, ROC, as
Period to File
execution is a ministerial duty of court under Sec. 1 of amended);

6. If the court finds that the judgment debtor has an ENFORCEMENT AND EFFECT When to Apply and in what Principal Actions Available by other person in a fiduciary capacity, or for a
ascertainable interest in real property either as mortgagor, OF FOREIGN JUDGMENTS OR FINAL ORDERS willful violation of duty;
mortgagee, or otherwise, and his or her interest can be WHEN TO APPLY IN WHAT PRINCIPAL ACTION/S
ascertained without controversy, the court may order the Effect of a Foreign Order (2007 BAR) Preliminary Attachment (Rule 57) 3. Actions to recover the possession of property
sale of such interest (Sec. 42, Rule 39, ROC, as amended); and 1. Recovery of liquidated sum of unjustly or fraudulently taken, detained or
1. Against a specific thing – conclusive upon title to At the commencement money; converted, when the property, or any part thereof,
7. If the person alleged to have the property of the judgment the thing of the action or at any 2. Recovery of possession of has been concealed, removed, or disposed of to
debtor or be indebted to him or her, claims an adverse time before entry of property unjustly or prevent its being found or taken by the applicant or
interest in the property, or denies the debt, the court may 2. Against a person – presumptive evidence of a right judgment fraudulently taken, detained or an authorized person;
authorize, by an order, the judgment creditor to institute an as between the parties and their successors-in- converted
action to recover the property, forbid its transfer and may interest by a subsequent title (Sec. 48, Rule 39, ROC, Preliminary Injunction (Rule 58) 4. Actions against a party who has been guilty of fraud
punish disobedience of such order for contempt. (Sec. 43, as amended) in contracting the debt or incurring the obligation
Rule 39, ROC, as amended) upon which the action is brought or in the
NOTE: In both instances, the judgment may be repelled At any stage of the performance thereof;
EFFECT OF JUDGMENTS OR FINAL ORDERS by evidence of want of jurisdiction, notice, collusion, action prior to the Action for injunction, whether or
fraud, or clear mistake of law or fact. judgment or final not coupled with other prayers NOTE: Includes both kinds of fraud:
Requisites of Res Judicata order
a. Dolo Causante – fraud in contracting the
1. Former judgment or order must be final and executory; obligation; and
Receivership (Rule 59)
2. Court has jurisdiction over subject matter and parties; IV. PROVISIONAL REMEDIES b. Dolo Incidente- fraud in the performance
1. Receivership action;
3. Former judgment or order was rendered on merits; At any stage of the thereof (Regalado, 2017)
2. Real action involving title
4. Identity of parties, subject matter, and cause of action proceedings and even after
to or possession of realty;
between first and second action (The test is to determine judgment has become final 5. Actions against a party who has removed or
3. Foreclosure of mortgage;
identity of cause of action). (FELS v. Province of Batangas, and executory as means of disposed of his property, or is about to do so, with
A. NATURE, PURPOSE, AND JURISDICTION 4. Dissolution of
G.R. No. 168557, 19 Feb. 2007) enforcing judgment intent to defraud his creditors; or
OVER PROVISIONAL REMEDIES corporation;
Replevin (Rule 60)
Two Aspects of Res Judicata 6. Actions against non-resident not found in the
1. Recovery of possession of
Philippines, or person upon whom summons may
Provisional remedies are those writs and processes personal property;
1. “Bar by prior judgment” or “estoppel by verdict” – It is the be served by publication. (Sec. 1 Rule 57, ROC as
which are temporary, auxiliary, and ancillary remedies At the commencement of 2. Recovery of personal
effect of a judgment as a bar to the prosecution of a second amended)
available to a litigant for the protection and the action or at any time property subject of chattel
action upon the same claim, demand or cause of action. (Sps.
preservation of his rights until the final disposition of a before answer mortgage as a preliminary
Rasdas v. Estenor, G.R. No. 157605, 13 Dec. 2005). Requisites for the Issuance of an Order of Writ of
matter in litigation. (Riano, 2019) step to extrajudicial
Preliminary Attachment
foreclosure
Any right, fact or matter in issue directly adjudicated or
Provisional Remedies in Civil Cases (A-I-R2-S) Support Pendente Lite (Rule 61)
necessarily involved in the determination of an action 1. An affidavit executed by the applicant, or of some
1. Support, whether as the
before a competent court in which a judgment or decree is other person who personally knows the facts.
1. Preliminary Attachment (Rule 57, ROC, as main case or as one of
rendered on the merits is conclusively settled by the At the commencement of
amended); several causes of action;
judgment therein and cannot again be litigated between the the prior action or The affidavit must show that:
2. Preliminary Injunction (Rule 58, ROC, as amended); 2. Criminal actions where
parties and their privies whether the claim or demand, proceeding or at any time
3. Receivership (Rule 59, ROC, as amended); the civil liability includes
purpose or subject matter of the two suits is the same or prior to judgment or final a. A sufficient cause of action exists;
4. Replevin (Rule 60, ROC, as amended); and support of the offspring as
not. (Prudential Bank v. Mauricio, G.R. No. 183350, 18 Jan. order b. The case must be any of those where
5. Support pendente lite. (Rule 61, ROC as amended) a consequence of the
2012) preliminary attachment is proper as stated in
crime, i.e., rape, seduction
Sec. 1, Rule 57 of the ROC;
2. “Conclusiveness of judgment” or the “rule of auter action
pendant” – It ordains those issues actually and directly c. There is no sufficient security for the claim
resolved in a former suit cannot again be raised in any Provisional Remedies in Criminal Cases B. PRELIMINARY ATTACHMENT sought to be enforced; and
future case between the same parties involving a different (RULE 57)
cause of action. It has the effect of preclusion of issues only. Under Sec. 1, Rule 127 of the ROC, the provisional d. The amount due to the applicant, or the value
(Sps. Rasdas v. Estenor, G.R. No. 157605, 13 Dec. 2005). remedies in civil actions may be availed of in of the property the possession of which he is
connection with the civil aspect deemed instituted with Grounds for Issuance of Writ of Attachment entitled to recover, is as much as the sum for
NOTE: Where there is identity of parties in the first and second the criminal action, insofar as they are applicable. which the order is granted above all legal
cases, but no identity of causes of action, the first judgment is 1. In actions for the recovery of a specified amount of money counterclaims. (Sec. 3, Rule 57, ROC as
conclusive only as to those matters actually and directly or damages, other than moral and exemplary, on a cause of amended)
controverted and determined and not as to the matters merely action arising from law, contract, quasi-contract, delict or
involved therein. (AMHI v. Agabin, G.R. No. 202542, 09 Dec. 2020, quasi-delict against a party who is about to depart from the 2. Attachment bond – a bond executed in favor of the
J. Hernando) Philippines with intent to defraud his or her creditors; adverse party in an amount to be fixed by the judge,
not exceeding the plaintiff’s claim, conditioned that
2. Actions for money or property embezzled or fraudulently the latter will pay all the costs which may be
misapplied or converted to his own use by a public officer, adjudged to the adverse party and all damages
or an officer of a corporation, or an attorney, factor, broker which he may sustain by reason of the attachment,
agent, or clerk, in the course of his employment as such, or

if the court shall finally adjudge that the applicant was not NOTE: Prohibition against XPNs:
entitled thereto. (Sec. 4, Rule 57, ROC as amended) (2008 2. That the commission, continuance or non- the renewal applies only if
BAR) performance of the act or acts complained of the same is sought under a. Summons could not be served personally or by
during the litigation would probably work and by reason of the same substituted service;
PRELIMINARY ATTACHMENT COMPARED injustice to the applicant; or ground for which it was b. Adverse party is a resident but is temporarily
WITH GARNISHMENT AND LEVY ON EXECUTION originally issued. absent from the Philippines; or
3. That a party, court, agency or a person is doing, (Regalado, 2017) c. Adverse party is a non-resident of the
KINDS OF ATTACHMENT (2012 BAR) threatening, or is attempting to do, or is procuring Restrains or requires Philippines.
Preliminary Attachment or suffering to be done some act or acts probably the performance of Maintain status quo ante
It is one issued at the commencement of the action in violation of the rights of the applicant particular acts.
or at any time before entry of the judgment as respecting the subject of the action or proceeding, GR: Notice and hearing is D. RECEIVERSHIP
security for the satisfaction of any judgment that and tending to render the judgment ineffectual. required. (RULE 59)
may be recovered in the cases provided for by the (Sec. 3, Rule 58, ROC, as amended) XPN: A TRO effective for
rules. The court takes custody of the property of the 72 days from issuance,
party against whom the attachment is directed. TEMPORARY RESTRAINING ORDER (TRO) may be issued ex-parte REQUISITES
Notice and hearing, under the following
NOTE: This is the regular form of attachment which Preliminary Injunction vs. TRO which shall be instances: 1. Party applying for receivership has an existing
refers to corporeal property in the possession of the conducted within 24 interest in the property or funds subject of the
party. (Regalado, 2017) PRELIMINARY TEMPORARY hours after the sheriff’s If great or irreparable action and the property or funds is in danger of
Garnishment INJUNCTION RESTRAINING ORDER return of service (Sec injury would result to being lost, wasted or dissipated;
A kind of attachment in which the attaching party seeks to Duration is non- 4(d), Rule 58), is always the applicant before
subject his claim either the property of the adverse party in extendible (Sec. 5, Rule required. (Sec. 5, Rule the matter can be 2. Verified application filed at any stage of the
the hands of a third person called the garnishee, or money 58): 58) (2001 BAR) heard on notice; proceedings even after final judgment, prior to the
which the third person owes the adverse party. satisfaction of judgment (Sec. 1, Rule 59, ROC, as
If issued by RTC/MTC – If the matter is of extreme amended);
NOTE: Garnishment does not involve the actual seizure of 20 days from service urgency and the
the property which remains in the hands of the garnishee. It on the person sought applicant will suffer 3. The application must be with notice and hearing;
refers to money, stocks, credits and other incorporeal to be enjoined; grave injustice and
property which belong to the party but are in the possession irreparable injury. 4. The applicant must post a bond executed to the
or under control of a third person. Garnishment does not lie Effective during the If issued by CA – 60 days Can be issued to Cannot be issued to party against whom the application is presented
against the funds of the regular departments or offices of the pendency of the action from service on the compel the compel the performance (Sec. 2, Rule 59, ROC, as amended); and
Government, but funds of public corporations are not unless earlier party sought to be performance of an act of an act
exempt from garnishment. (PNB v. Palaban, et al., G.R. No. L- dissolved enjoined which is non- 5. Receiver must be sworn to perform his duties
33112, 15 June 1978; Regalado, 2017) extendible, (2006 Requisites of Writ of Preliminary Injunction or Temporary faithfully and shall file a bond. (Sec. 4, Rule 58, ROC,
Levy on execution NOTE: The trial court, BAR); Restraining Order (2010, 2006 BAR) as amended)
The process after judgment has become executory by which the Court of Appeals,
the property of the judgment obligor is taken into the the Sandiganbayan or If issued by SC – Effective 1. Verified application stating the grounds for its issuance TERMINATION OF RECEIVERSHIP
custody of the court before the sale of the property on the Court of Tax until further orders. (Sec. 4, Rule 58, ROC, as amended);
execution for the satisfaction of a final judgment. Appeals that issued a Grounds for the Discharge of Receiver
Pursuant to a writ of execution, the sheriff or an officer of the writ of preliminary If the matter is of extreme 2. Applicant must establish: i) the existence of a right that
court appropriates the property of the judgment debtor as a injunction against a urgency and the applicant must be protected and ii) an urgent and paramount 1. Posting of counterbond by adverse party (Sec. 3,
preliminary step to the sale on execution of the property. lower court, board, will suffer grave injustice necessity for the writ to prevent serious damage; Rule 59, ROC, as amended);
officer, or quasi- and irreparable injury, the
judicial agency shall judge may issue an ex- 3. Applicant must establish that there is a need to restrain the 2. Appointment of receiver was made without
decide the main case or parte TRO effective for 72 commission or continuance of the acts complained of and if sufficient cause (Sec. 3, Rule 59, ROC, as amended);
C. PRELIMINARY INJUNCTION
(RULE 58) petition within 6 hours from issuance but not enjoined would work injustice to the applicant;
months from the shall comply with the rule 3. Insufficient or defective applicant’s bond (Sec. 5,
issuance of the writ. on contemporaneous 4. Applicant must post a bond, unless exempted by the court. Rule 59, ROC, as amended);
(Sec. 5, Rule 58, as service of summons This bond is executed in favor of the person enjoined to
PRELIMINARY INJUNCTION
amended by A.M. No. unless the same could not answer for all damages which the latter may sustain by 4. Insufficient or defective receiver’s bond (Sec. 5,
07-7-12-SC) be served personally or by reason of injunction or restraining order if the court should Rule 59, ROC, as amended); and
Grounds for Issuance of Writ of Preliminary Injunction
substituted service finally decide that the applicant was not entitled to the writ
despite diligent efforts. or order; and 5. Receiver no longer necessary. (Sec. 8, Rule 59, ROC,
A preliminary injunction may be granted when it is established:
The period may be as amended)
extended for a period not 5. Notice and hearing are required.
1. That the applicant is entitled to the relief demanded, and
exceeding 20 days
the whole or part of such relief consists in restraining the
including the 72 hours GR: Contemporaneous service of summons;
commission or continuance of the act or acts complained
already given. (Sec.5, Rule
of, or in requiring the performance of an act or acts either
58)
for a limited period or perpetually;

REMEDIAL LAW V. SPECIAL CIVIL ACTIONS
E. REPLEVIN V. SPECIAL CIVIL ACTIONS A. JURISDICTION AND VENUE

(RULE 60)
Special Civil Actions under the Rules of Court JURISDICTION VENUE

WHEN MAY A WRIT OF REPLEVIN BE ISSUED Interpleader (Rule 62)
1. Interpleader; (Rule 62) MTC – where the value of the claim or the personal property
The writ of Replevin may only be obtained when the defendant 2. Declaratory relief and similar remedies; (Rule
does not exceed P2,000,000or where the value of the real
in the action has not yet filed his answer to the complaint where 63)
property does not exceed P400,000 Where the plaintiff or any of the principal plaintiffs resides
it is necessary to: 3. Review of judgments and final orders or or where the defendant or any of the principal defendants
resolutions of the COMELEC and COA; (Rule 64)
RTC – if the value exceeds the above amounts or if the subject resides at the option of the plaintiff. (Sec. 2, Rule 4, ROC, as
1. Protect plaintiff’s right of possession to property; or 4. Certiorari, Prohibition, and Mandamus; (Rule 65)
matter is exclusively within the jurisdiction of the RTC. amended)
2. Prevent defendant from destroying, damaging or disposing 5. Quo Warranto; (Rule 66) (Judiciary Act of 1980; Secs. 19(2) and 33(3), B.P. 129, as amended
of the property. 6. Expropriation; (Rule 67) by R.A. No. 11576)
7. Foreclosure of Real Estate Mortgage; (Rule 68)
Declaratory Relief and Similar Reliefs (Rule 63)
REQUISITES 8. Partititon; (Rule 69)
Declaratory relief – RTC, since the subject in a petition for
9. Forcible entry and unlawful detainer; (Rule 70)
declaratory relief is incapable of pecuniary estimation
1. The application for the writ must be filed at the and
commencement of the action or at any time before the 10. Contempt (Rule 71). (Riano, 2022)
Similar reliefs under Sec. 1(2), Rule 63;
defendant answers (Sec. 1, Rule 60, ROC, as amended) (1999
BAR); NOTE: Rule 64 is a new special civil action and applies
MTC - where the value of the real property does not exceed
to judgments, final order, or resolutions of two
P400,000.
2. The application must contain an affidavit where the constitutional commissions (i.e., COMELEC and COA).
Where the petitioner or the respondent resides at the
applicant particularly describes the property that he is the The Civil Service Commission (CSC) is not treated
RTC – if the value exceeds the above amounts or if the subject election of the petitioner. (Sec. 2, Rule 4, ROC, as amended)
owner of the property or that he is entitled to the under Rule 64. (Riano, 2022)
matter is exclusively within the jurisdiction of the RTC (Melana
possession thereof; v. Tappa, G.R. No. 181303, 17 Sept. 2009)
NOTE: The affidavit must contain the following: NOTE: It would be an error to file the petition with the SC which
has no original jurisdiction to entertain a petition for
a. That the applicant is the owner of the property claimed, declaratory relief. (Tano v. Socrates, G.R. No. 110249, 14 Aug.
particular description of such entitlement to 1997)
possession particularly describing it, or is entitled to Review of Judgments of COMELEC AND COA (Rule 64 in relation to Rule 65)
the possession thereof;
Supreme Court on certiorari under
b. That the property is wrongfully detained by the adverse Supreme Court
Rule 65
party, alleging the cause of detention according to
Certiorari, Prohibition, Mandamus (Rule 65)
applicant’s knowledge, information and belief;
c. That the property has not been distrained or taken for
tax assessment or fine, or seized by writ of execution,
preliminary attachment, or placed in custodia legis, or if
so seized, that is exempt or should be released from
custody; and
RTC, if it is directed against a municipal trial court,
d. Actual market value of the property. (Sec. 2, Rule 60,
corporation, board, an officer or a person;
ROC, as amended)
CA or with the SB, whether or not the same is in aid of the

3. The applicant must give a bond, executed to the adverse
court’s appellate jurisdiction;
party in double the value of the property as stated in the
affidavit. (Sec. 2, Rule 60, ROC, as amended) (2010 BAR)
RTC; CA; SC; Sandiganbayan, COMELEC in aid of their If the petition involves an act or an omission of a quasi-
appellate jurisdiction (A.M. No. 07-7-12-SC). judicial agency, unless otherwise provided by law or the
NOTE: The applicant need not be the owner of the property. It
Rules, the petition shall be filed with and be cognizable only
is enough that he or she has a right to its possession. (Yang v.
by the Court of Appeals;
Valdez, G.R. No. 102998, 05 July 1996)
In election cases involving an act or omission of MTC/RTC, it

shall be filed exclusively with the COMELEC, in aid of its
appellate jurisdiction. (Sec. 4, Rule 65, ROC, as amended)

Quo warranto
Where the respondent or any of the respondents resides. B. INTERPLEADER

(RULE 62)
RTC, CA, Supreme Court (Sec. 7, Rule 66, ROC, as amended) When the Solicitor General commences the action, it may be
brought in the RTC of the City of Manila, in the CA, or in the
Sandiganbayan in aid of its appellate jurisdiction (P.D. 1606, SC. (Sec. 7, Rule 66, ROC, as amended)
as amended by R.A. No. 8249) Requisites for Interpleader
NOTE: Subject to the principle of Hierarchy of Courts
An action for interpleader requires that: (2012 BAR)
Expropriation (Rule 67)
Real Property: where the property is located 1. There must be two or more claimants with adverse or
conflicting interests upon a subject matter;
RTC since incapable of pecuniary estimation (Barangay San
Personal property: the place where the plaintiff or
Roque v. Heirs of Pastor, G.R. No. 138896, 20 June 2000)
defendant resides, at the election of the plaintiff (Sec. 2, Rule 2. The conflicting claims involve the same subject matter
4, ROC, as amended)
Foreclosure of REM (Rule 68) 3. The conflicting claims are made against the same person
RTC since incapable of pecuniary estimation. (Barangay San Where the land or any part thereof is located. (Sec. 2, Rule 4, (plaintiff); and
Roque v. Heirs of Pastor, G.R. No. 138896, 20 June 2000) ROC, as amended)
Partition (Rule 69) 4. The plaintiff has no claim upon the subject matter of the
Real property – where the property is located adverse claims or if he has an interest at all, such interest is
not disputed by the claimants. (Sec. 1, Rule 62; Riano, 2022)
RTC since incapable of pecuniary estimation (2000 BAR, as
Personal property – the place where the plaintiff or
cited in Riano, 2019) NOTE: Mere conflicting claims between or among several
defendant resides at the election of the plaintiff (Sec. 13,
Rule 69, ROC, as amended) persons is not sufficient to sustain an interpleader action where
Forcible Entry (Rule 70) such claims do not refer to the same subject matter. (Riano,
MTC, MTCCs, MCTC, MeTC; covered by Rule on Summary Where the property is located because it is a real action. 2022)
Procedure (Sec. 1, Rule 4, ROC, as amended) (Riano, 2019)
Unlawful Detainer (Rule 70)
MTC, MTCCs, MCTC, MeTC; covered by Rule on Summary Where the property is located because it is a real action. C. DECLARATORY RELIEF
Procedure. (Sec. 1, Rule 4, ROC, as amended) (Ibid.) AND SIMILAR REMEDIES
(RULE 63)
Contempt (Rule 71)
Where the charge for indirect contempt has been
committed against RTC or a court of equivalent or higher
rank, or against an officer appointed by it, the charge may Requisites of an Action for Declaratory Relief
be filed with such court.
1. The subject-matter of the controversy must be a deed, will,
MTC, RTC, CA, Supreme Court contract, or other written instrument, statute, executive
Where such contempt has been committed against a lower
court, the charge may be filed with the RTC of the place in order or regulation or ordinance;
which the lower court is sitting; but the proceedings may
also be instituted in such lower court subject to appeal to 2. The terms of said documents and validity thereof are
the RTC of such place. (Sec. 5, Rule 70, ROC, as amended) doubtful and require judicial construction (Santos v. Aquino,
et al., G.R. No. L-5101. 28 Nov. 1953);
3. There must have been no breach of the document in

question (Teodoro v. Mirasol, 99 Phil. 150, 18 May 1956;
Reparations Commission v. Northern Line, Inc., G.R. No. L-
24835, 31 July 1970). Otherwise, an ordinary civil action is
the remedy;
4. There must be an actual justiciable controversy or ripening

seeds of one between persons whose interests are adverse;
5. The issue must be ripe for judicial determination (Tolentino

v. Board of Accountancy, et al., G.R. No. L-3062, 28 Sept.
1951), as for example, where all administrative remedies
have been exhausted; and
6. Adequate relief is not available through other means or

other forms of action or proceedings. (Ollada v. Central
Bank, G.R. No. L-1357, 31 May 1962; Regalado, 2017)

Certiorari Distinguished from Appeal by Certiorari
D. CERTIORARI, PROHIBITION, AND MANDAMUS RULE 45 CERTIORARI UNDER ART. VIII, SEC. 1
(RULE 65) RULE 65 (CERTIORARI)
(APPEAL BY CERTIORARI) OF THE 1987 CONSTITUTION
As to Nature
A special civil action that is an original and
1. DEFINITION AND DISTINCTIONS independent action and not a mode of Mode of Appeal
appeal
CERTIORARI PROHIBITION MANDAMUS As to Definition
Definition The power to determine whether or not
May be directed against an interlocutory there has been a grave abuse of
Seeks to review final judgments or
Mandamus is an extraordinary writ order or matters where no appeal may be discretion amounting to lack or excess of
Certiorari is an extraordinary writ final orders
commanding a tribunal, corporation, taken from jurisdiction on the part of any branch or
annulling or modifying the Prohibition is an extraordinary writ instrumentality of the Government.
board or person, to do an act required to
proceedings of a tribunal, board or commanding a tribunal, corporation, As to Scope
be done:
officer exercising judicial or quasi- board or person, whether exercising GR: Involves questions of jurisdiction
1. When he or she unlawfully neglects GR: Involves question of law
judicial functions when such judicial, quasi-judicial or ministerial
the performance of an act which the
tribunal, board or officer has acted functions, to desist from further XPN: When it is necessary to delve into
law specifically enjoins as a duty, XPNs: In Writ of Amparo, Habeas
without or in excess of its or his proceedings when said proceedings factual issues in order to resolve allegations Involves questions of jurisdiction
and there is no other plain, speedy Data and Writ of Kalikasan, it may
jurisdiction, or with grave abuse of are without or in excess of its of grave abuse of discretion as a ground.
and adequate remedy in the involve both questions of law and
discretion amounting to lack or jurisdiction, or with abuse of its (Balba v. Peak Development, Inc., et al, G.R.
ordinary course of law; or facts.
excess of jurisdiction, there being no discretion, there being no appeal or No. 148288, 12 Aug. 2005)
2. When one unlawfully excludes
appeal or any other plain, speedy any other plain, speedy and adequate Against what
another from the use and
and adequate remedy in the ordinary remedy in the ordinary course of law.
enjoyment of a right or office to Involves the review of the Review of an act by any branch or
course of law. (Sec. 1, Rule 65, ROC, as (Sec. 2, Rule 65, ROC, as amended)
which the other is entitled. (Sec. 3, Directed against an interlocutory order of a judgment, final orders or instrumentality of the Government, even
amended)
Rule 65, ROC, as amended) court or where there is no appeal or any resolutions of the CA, if it does not exercise judicial, quasi-
other plain, speedy or adequate remedy. Sandiganbayan, CTA, RTC or other judicial or ministerial functions. (Araullo
Against whom courts. v. Aquino, G.R. No. 209287, 01 July 2014)
Directed against any tribunal, Directed against any tribunal, As to How Filed
Directed against any tribunal, board Filed not later than 60 days from notice of Filed within 15 days from notice
corporation board officer or person corporation board officer or person
or officer exercising judicial or quasi- judgment, order or resolution sought to be of judgment, final order or
exercising judicial, quasi-judicial or exercising ministerial function.
judicial function. assailed. resolution appealed from.
ministerial function.
Ground As to Challenging the Proceedings
Unless a writ of preliminary injunction or
Stays the judgment or order
The tribunal, board or officer is temporary restraining order is issued, it
The tribunal, corporation board The tribunal, corporation board officer or appealed from
alleged to have acted without does not stay the challenged proceeding.
officer or person is alleged to have person is alleged to have unlawfully As to the Parties
jurisdiction; in excess of jurisdiction;
acted without jurisdiction; in excess of neglected a ministerial duty; or excluded The judge, court, quasi-judicial agency, The appellant and the appellee are
or with grave abuse of discretion
jurisdiction; or with grave abuse of another from the use of a right or tribunal, corporation, board, officer or the original parties to the action,
amounting to lack or excess of
discretion amounting to lack or excess enjoyment of an office. person shall be public respondents who are and the lower court or quasi-
jurisdiction.
of jurisdiction. impleaded in the action. judicial agency is not impleaded.
Purpose As to Motion for Reconsideration
Purpose is for respondent to: As a general rule, motion for
To have respondent desist from reconsideration or for new trial is required.
To annul or nullify a proceeding. 1. Do the act required; and Motion for reconsideration is not
further proceeding. If a motion for reconsideration or new trial
2. To pay damage. required
Nature is filed, another 60 days shall be given to the
petitioner. (A.M. No. 02-03-SC)
As to the Court which has Jurisdiction
This remedy is preventive and The court is in the exercise of its
This remedy is corrective – to correct This remedy is affirmative or positive (if Court exercises original jurisdiction, and is
negative – to restrain or prevent appellate jurisdiction and power The court exercises original jurisdiction
usurpation of jurisdiction. (Sec. 1, the performance is ordered) or it is filed with the RTC, CA, Sandiganbayan or
usurpation of jurisdiction. (Sec. 2, Rule of review, and is filed with the and is filed with the Supreme Court.
Rule 65, ROC, as amended) negative (if ordered to desist from COMELEC.
65, ROC, as amended) Supreme Court.
excluding another from a right or office).
(Sec. 3, Rule 65, ROC, as amended)
Scope
Extends to discretionary acts. Extends to discretionary and Only for ministerial acts.
ministerial acts.

Prohibition and Mandamus Distinguished from Injunction 2. REQUISITES, WHEN, AND WHERE TO FILE 3. EXCEPTIONS TO FILING OF MOTION FOR
PROHIBITION MANDAMUS INJUNCTION RECONSIDERATION BEFORE FILING PETITION
As to Definition Requisites of a Valid Certiorari
Mandamus is an extraordinary writ GR: A motion for reconsideration must first be filed
commanding a tribunal, corporation, 1. The petition is directed against a tribunal, board or officer with the lower court, agency, tribunal, board, officer,
Prohibition is an extraordinary writ board or person, to do an act required Main action for injunction seeks to exercising judicial or quasi-judicial functions; corporation or person prior to resorting to the
commanding a tribunal, corporation, to be done: enjoin the defendant from the extraordinary remedies of certiorari, prohibition or
board or person, whether exercising commission or continuance of a 2. Such tribunal, board or officer has acted without or in mandamus, since a motion for reconsideration may still
1. When he unlawfully neglects the specific act, or to compel a particular
judicial, quasi-judicial or ministerial excess of jurisdiction or with grave abuse of discretion; and be considered as a plain, speedy, and adequate remedy
performance of an act which the act in violation of the rights of the
functions, to desist from further in the ordinary course of law. (Carpio-Morales v. Court
law specifically enjoins as a duty, applicant.
proceedings when said proceedings 3. There is neither appeal nor any plain, speedy and adequate of Appeals, G.R. Nos. 217126-27, 10 Nov. 2015)
and there is no other plain, speedy
are without or in excess of its Preliminary injunction is a remedy in the ordinary course of law for the purpose of
and adequate remedy in the
jurisdiction, or with abuse of its provisional remedy to preserve the annulling or modifying the proceeding. There must be XPNs:
ordinary course of law; or
discretion, there being no appeal or status quo and prevent future capricious, arbitrary and whimsical exercise of power for it 1. Where the order is a patent nullity, as where the
any other plain, speedy and adequate 2. When one unlawfully excludes wrongs in order to preserve and to prosper. (Sec. 1 Rule 65, ROC, as amended; Aggabao v. court a quo has no jurisdiction;
remedy in the ordinary course of law. another from the use and protect certain interests or rights Comelec, G.R. No. 163756, 26 Jan. 2005; Riano, 2019) 2. Where the questions raised in the certiorari
(Sec. 2, Rule 65, ROC, as amended) enjoyment of a right or office to during the pendency of an action. proceedings have been duly raised and passed
which the other is entitled (Sec. 3, Requisites of a Valid Prohibition upon by the lower court;
Rule 65, ROC, as amended) 3. Where there is an urgent necessity for the
As to Nature 1. The impugned act must be that of a tribunal, corporation, resolution of the question and any further delay
Special civil action Special civil action Ordinary civil action board or person; would prejudice the interests of Government or
As to Purpose of the petitioner, or the subject matter of the
For the defendant either to refrain 2. The respondent must be exercising judicial, quasi-judicial action is perishable;
To prevent an encroachment, excess,
To compel the performance of a from an act or to perform not functions or ministerial functions; 4. Where, under the circumstances, a motion for
usurpation or assumption of
ministerial and legal duty; necessarily a legal and ministerial reconsideration would be useless;
jurisdiction;
duty 3. Respondents acted without or in excess of its jurisdiction 5. Where petitioner was deprived of due process
Against whom or with grave abuse of discretion amounting to lack of and there is extreme urgency of relief;
May be directed against entities jurisdiction; and 6. Where, in a criminal case, relief from an order of
May be directed against judicial and
exercising judicial or quasi-judicial, Directed against a party arrest is urgent and the granting of such relief by
non-judicial entities
or ministerial functions 4. There must be no appeal or other plain, speedy and the trial court is improbable;
As to Scope adequate remedy. (Sec. 2, Rule 65, ROC, as amended) 7. Where the proceedings in the lower court are a
Does not necessarily extend to nullity for lack of due process;
Extends to discretionary and
Extends only to ministerial functions ministerial, discretionary or legal Requisites of a Valid Mandamus 8. Where the proceedings were ex parte or in which
ministerial functions
functions the petitioner had no opportunity to object; and
As to How filed 1. There must be a clear legal right to the act demanded; 9. Where the issue raised is one purely of law or
May be the main action or just a 2. It must be the duty of the defendant to perform the act where public interest is involved. (Señga, 2021)
Always the main action Always the main action
provisional remedy because it is mandated by law;
As to the Court which has jurisdiction 3. The defendant:
May be brought in the Supreme E. QUO WARRANTO
May be brought in the Supreme Court, a. unlawfully neglects the performance of the duty (RULE 66)
Court, Court of Appeals, May be brought in the Regional Trial
Court of Appeals, Sandiganbayan, or in enjoined by law; or
Sandiganbayan, or in the Regional Court which has jurisdiction over the
the Regional Trial Court which has b. unlawfully excludes another from the use and
Trial Court which has jurisdiction territorial area where respondent
jurisdiction over the territorial area enjoyment of a right or office which such other is
over the territorial area where resides. QUO WARRANTO
where respondent resides. entitled; QUO WARRANTO
respondent resides. IN ELECTORAL
4. The act to be performed is ministerial, not discretionary; UNDER RULE 66
PROCEEDINGS
5. There is no appeal or other plain, speedy and adequate As to the Issue Involved
remedy in the ordinary course of law. (Sec. 3, Rule 65, ROC, Issue is legality of the
as amended; Riano, 2019) occupancy of the office Issue is eligibility of the
by virtue of a legal person elected. (Riano,
Effects of Filing a Petition for Certiorari, Prohibition, or appointment. (Riano, 2019)
Mandamus to the Principal Case 2019)
As to the Grounds
It does not:
1. Interrupt the course of the principal action;
2. Affect the running of the reglementary periods involved in Grounds: usurpation, Grounds: ineligibility or
the proceedings (Fuentes v. Sandiganbayan, G.R. No. 164664, forfeiture, or illegal disqualification to hold
20 July 2006); association (Sec. 1, Rule the office (Sec. 253,
3. Stay the execution of judgment, unless a TRO or writ of 66, ROC, as amended) Omnibus Election Code)
preliminary injunction has been issued.

As to Manner of Filing Properties that are Subject to Expropriation 2. To retain possession already previously made in
Presupposes that the After the rendition of the order of expropriation, the plaintiff accordance with Sec. 2 (Entry of plaintiff upon
respondent is already All properties can be expropriated, except money and shall not be permitted to dismiss or discontinue the proceeding depositing value with authorized government
actually holding office choses in action. except upon such terms as the court deems just and equitable. depositary). (Sec. 10, Rule 67, ROC, as amended)
Petition must be filed
and action must be (Sec. 4, Rule 67, ROC, as amended)
within 10 days from the
commenced within 1 NOTE: Choses in action – A right to personal things of Multiple Appeals
proclamation of the
year from cause of which the owner has not the possession, but merely a 3. ASCERTAINMENT OF JUST COMPENSATION
candidate. (Riano, 2019)
ouster or from the time right of action for their possession. (Black’s Law
the right of petitioner to Dictionary, 2004) Authority of the Court in Determining Just Compensation
hold office arose.
As to the Petitioner 1. TWO STAGES IN EVERY ACTION Considering that the determination of just compensation is a
Petitioner may be any FOR EXPROPRIATION judicial function, the 15-day prescriptive period under the
Petitioner is a person
voter even if he is not DARAB Rules is void as it unduly undermined and impeded the Appeal must be made 30 days from the receipt of the
entitled to office. (Riano,
entitled to the office. 1. First stage – the determination of the authority of original and exclusive jurisdiction of the RTCs to determine just order as the proceedings in expropriation involve
2019)
(Riano, 2019) the plaintiff to expropriate. This determination compensation in accordance with Section 57 of RA 6657. The multiple appeals.
As to Court which has Jurisdiction includes an inquiry into the propriety of the jurisdiction of the RTC-SAC in actions for determination of just
Filed before the Filed before the COMELEC expropriation – its necessity and the public compensation is original and exclusive, and not merely Discretionary Execution; does not apply in
Supreme Court, CA or if filed against the purpose. appellate. Thus, the Court cannot recognize a procedural rule of Expropriation
RTC Manila if filed by the election of a Member of the DARAB that requires the court to adjudge as dismissible an
Solicitor General. Congress, regional, NOTE: The first stage will end in the issuance of an action for having been filed beyond the 15-day period provided The funds cannot be garnished and its properties, being
Otherwise, RTC with provincial or city order of expropriation if the court finds for plaintiff in the DARAB Rules. In amending Section 17 of R.A. No. 6657, government properties, cannot be levied via a writ of
jurisdiction over the officer; or in dismissal of the complaint if it finds otherwise. Congress provided that the factors and the resulting basic execution pursuant to a final judgment, then the trial
territorial area where Filed before the formula, shall be “subject to the final decision of the proper court likewise cannot grant discretionary execution
respondent or any of the appropriate RTC or 2. Second stage – the determination of just court.” Congress thus clearly conceded that the courts have the pending appeal, as it would run afoul of the established
respondents resides, CA, MTC, if filed against a compensation through the court-appointed power to look into the “justness” of the use of a formula to jurisprudence that government properties are exempt
or SC. (Sec. 7, Rule 66, municipal or barangay commissioners. (Riano, 2016) determine just compensation, and the justness of the factors and from execution. (NPC v. Heirs of Rabie, G.R. No. 210218,
ROC, as amended) official, respectively. their weights chosen to flow into it. (Land Bank of the Philippines 17 Aug. 2016)
As to Period of Filing GR: Just Compensation must be reckoned from the v. Escaro, G.R. No. 204526, 10 Feb. 2021, J. Hernando)
Should be filed within time of taking or filing of the complaint, whichever GUIDELINES FOR EXPROPRIATION PROCEEDINGS
came first. Formula for the Determination of Just Compensation OF NATIONAL GOVERNMENT INFRASTRUCTURE
one year after the cause
of such ouster, or the PROJECTS
Should be filed within 10 XPN: As a measure of simple justice and ordinary JC = FMV + CD – CB
right of the petitioner to
days after proclamation fairness to them, therefore, reckoning just If CB is more than CD, then Sec. 4, R.A. No. 8974
hold such office or
of results. compensation on the value at the time the owners JC = FMV
position arose. (Sec. 11,
Rule 66, ROC, as commenced these inverse condemnation Whenever it is necessary to acquire real property for
proceedings when: JC – Just compensation the right-of-way or location for any national
amended)
FMV – Fair market value government infrastructure project through
As to Damages expropriation, the appropriate implementing agency
1. Stealth is employed instead of complying with CD – Consequential damages
Person adjudged shall initiate the expropriation proceedings before the
the legal process of expropriation. (National CB – Consequential benefits proper court under the following guidelines:
entitled to the office may Actual or compensatory
Power Corporation v. Heirs of Macabangkit
bring a separate action damages are recoverable
Sangkay, G.R. No. 165828, 24 Aug. 2011) NOTE: Sentimental value is NOT included. a. Upon the filing of the complaint, and after due
against the respondent in quo warranto
2. There is no intention to pay the owners just notice to the defendant, the implementing agency
to recover damage. (Sec proceedings under the
compensation. (National Power Corporation v. Consequential Benefit shall immediately pay the owner of the property
11, Rule 66, ROC, as Omnibus Election Code. the amount equivalent to the sum of:
Spouses Saludares, G.R. No. 189127, 25 Apr.
amended)
2012) It refers to actual benefits derived by the owner on the
remaining portion of his land which are the direct and 1. one hundred percent (100%) of the value
of the property based on the current
2. ORDER OF EXPROPRIATION proximate results of the improvements consequent to the
F. EXPROPRIATION relevant zonal valuation of the Bureau of
expropriation, and not the general benefits which he receives in Internal Revenue (BIR); and
(RULE 67) common with community. (Regalado, 2017)
An order of expropriation (or order of condemnation) 2. the value of the improvements and/or
will be issued declaring that the plaintiff has a lawful structures as determined under Section 7;
right to take the property. 4. RIGHTS OF PLAINTIFF
Requisites of the Exercise of a Valid Expropriation (D-C-P) UPON JUDGMENT AND PAYMENT b. In provinces, cities, municipalities and other areas
where there is no zonal valuation, the BIR is hereby
It is issued when:
1. Due process of law; mandated within the period of sixty (60) days from
After payment of just compensation, as determined in the
2. Payment of just compensation; and the date of the expropriation case, to come up with
1. The objections to and the defenses against the right judgment, the plaintiff shall have the right to: a zonal valuation for said area; and
3. Taking must be for public use.
of the plaintiff to expropriate the property are c. In case the completion of a government
overruled; and 1. Enter upon the property expropriated and to appropriate infrastructure project is of utmost urgency and
2. No party appears to defend as required by this the same for the public use or purpose defined in the importance, and there is no existing valuation of
judgment; or the area concerned, the implementing agency shall
Rule. (Sec. 4, Rule 67, ROC, as amended)
immediately pay the owner of the property its

proffered value taking into consideration the standards Procedure Posting Requirement Period of Redemption
prescribed in Section 5 hereof. EXTRAJUDICIAL Notice shall be given by
JUDICIAL FORECLOSURE posting notices of the sale for 1. Extrajudicial Foreclosure
FORECLOSURE
Upon compliance with the guidelines abovementioned, the not less than 20 days in at
court shall immediately issue to the implementing agency an Where to file
All applications for least three public places of a. Natural Person – one (1) year from
order to take possession of the property and start the
extra-judicial the municipality or city registration of the certificate of sale with the
implementation of the project.
foreclosure of where the property is Registry of Deeds.
Before the court can issue a Writ of Possession, the mortgage, whether situated.
implementing agency shall present to the court a certificate of under the direction of Before the sale of real NOTE: The failure to post NOTE: The statutory period of redemption is
availability of funds from the proper official concerned. the Sheriff or a notary property on execution, notice is not per se a ground only directory and can be extended by
public pursuant to Act. notice thereof must be for invalidating a foreclosure agreement of the parties provided:
In the event that the owner of the property contests the given by posting a similar sale provided that the notice
No. 3135, as amended,
implementing agency’s proffered value, the court shall i. The agreement to extend is voluntary;
shall be filed with the notice describing the thereof is duly published in a
determine the just compensation to be paid the owner within and
sixty (60) days from the date of filing of the expropriation case. Executive Judge, property and stating newspaper of general
through the Clerk of where the property is to be circulation. (Development ii. The debtor commits to pay the
When the decision of the court becomes final and executory, the
implementing agency shall pay the owner the difference Court, who is also the sold for 20 days in 3 public Bank of the Philippines v. redemption price on a fixed date.
between the amount already paid and the just compensation as The mortgagee should file places, preferably in Aguirre, G.R. No. 144877, 03 (Gojudo v. Traders Royal Bank, G.R. No.
Ex-Officio Sheriff.
determined by the court. a petition for judicial conspicuous areas of the Sept. 2007) 151098, 21 Mar. 2006)
(A.M. No. 99-10-05-0,
foreclosure in the court municipal or city hall, post
as amended, 01 Mar. However, statutory
which has jurisdiction over office and public market in b. Juridical Person – same rule as natural person.
2001) provisions governing
G. FORECLOSURE OF REAL ESTATE MORTGAGE the area where the the municipality or city
NOTE: the orders of publication of notice of
(RULE 68) property is situated. where the sale is to take c. Juridical Person (mortgagor) and Bank
the executive judge in mortgage foreclosure sales
place. (mortgagee) – three (3) months after
such proceedings, must be strictly complied
NOTE: As foreclosure of foreclosure or before registration of certificate
whether they be to with and slight deviations
mortgage is a real action, it of foreclosure whichever is earlier. (Sec. 47,
1. JUDICIAL FORECLOSURE allow or disallow the therefrom will invalidate the
is the assessed value of the R.A. No. 8791)
extrajudicial notice and render the sale at
property which
foreclosure of the the very least voidable.
2. EXTRAJUDICIAL FORECLOSURE determines the court's 2. Judicial Foreclosure – within the period of 90-120
(Act No. 3135, as amended) mortgage, are not (Metrobank v. Nikko Sources
jurisdiction. (Roldan v. Sps. days from the date of the service of the order of
issued in the exercise Corp., G.R. 178479, 23 Oct.
Barrios, G.R. No. 214803, 23 foreclosure or even thereafter but before the order
of a judicial function 2009)
Judicial Foreclosure vs. Extrajudicial Foreclosure Apr. 2018) of the confirmation of the sale. (Secs. 2&3, Rule 28,
but issued by the RTC Publication Requirement
ROC)
Executive Judge in the If the assessed value of the
EXTRAJUDICIAL If such property is worth
JUDICIAL FORECLOSURE exercise of his property exceeds P50,000,
FORECLOSURE more than Php 400, such 3. THE GENERAL BANKING LAW OF 2000
administrative by publishing a copy of the
As to Involvement notice shall also be published (Sec. 47, R.A. No. 8791)
function to supervise notice once a week for 2
Involves the filing of an Does not require the filing of once a week for at least three
the ministerial duty of consecutive weeks in one
independent action. an action. consecutive weeks in a GR: Redemption period is one year from registration of
the Clerk of Court as newspaper selected or that
As to Appealability of the Decision newspaper of general the certificate of sale.
Ex Officio Sheriff in the having general circulation
Decisions not appealable; circulation. (Sec. 3, Act No.
Decisions are appealable. conduct of an in the province or city.
immediately executory. 3135) XPN: Section 47 of the General Banking Law:
extrajudicial (Sec. 15(c), Rule 39)
As to the Existence of Right of Redemption
foreclosure sale. a. Juridical persons are allowed to exercise the
There is only an equity of
(Ingles v. Estrada, G.R. REDEMPTION right of redemption until the registration, and in
redemption and no right of
141809, 08 Apr. 2013) no case more than three months after the
redemption except when Right of redemption exists. EQUITY RIGHT
Where to sell OF REDEMPTION OF REDEMPTION foreclosure sale, whichever comes first.
the mortgagee is a banking
Said sale cannot be As to Definition b. Section 47 did not divest juridical persons of the
institution.
made legally outside of Right of the debtor, his right to redeem their foreclosed properties but
As to Deficiency Judgment the province in which Right of the defendant
The place of sale may be successor in interest or any only modified the time for the exercise of such
There can be no judgment the property sold is mortgagor to extinguish the
There could be a agreed upon by the parties. judicial creditor or judgment right by reducing the one provided for in R.A. No.
for a deficiency because situated; and in case the mortgage and retain
deficiency judgment In the absence of such creditor of said debtor or any 3135.
there is no judicial place within said ownership of the property
rendered by the court in agreement, the sale of real person having a lien on the
proceeding although province in which the by paying the debt within a
the same proceeding. property shall be held in property subsequent to the By an amendment by the General Banking Law of 2000,
recovery of deficiency is sale is to be made is period of not less than 90
Recovery of deficiency is the office of the clerk of mortgage or deed of trust under juridical mortgagors like partnerships and
allowed and through an subject to stipulation, nor more than 120 days
by mere motion. court of the RTC or MTC which the property is sold to
such sale shall be made from the entry of judgment corporations are barred from the right of redemption
independent action. redeem the property within 1
which issued the writ or in said place or in the or even after the foreclosure of mortgaged property sold pursuant to an extrajudicial
As to the need for SPA which was designated by year from the registration of the
municipal building of sale but prior to foreclosure, after the registration of the certificate of
SPA in favor of mortgagee is Sheriff’s certificate of
No need for SPA. the appellate court. (Sec. 3, the municipality in confirmation. foreclosure with the applicable Register of Deeds.
essential. foreclosure sale.
Rule 8; Sec. 15, Rule 39) which the property or
As to the Governing Law As to Governing Law
part thereof is situated. For purposes of reckoning the one-year redemption
Governed by Rule 68. Governed by Act No. 3135. Governed by Secs. 29-31, Rule
(Sec. 2, Act No. 3135) Governed by Rule 68. period in case of individual mortgagors, or the three-
39.
month reckoning period for juridical

persons/mortgagors the same shall be reckoned from the date 2. by Force, Intimidation, Strategy, Threat, or Stealth 1. DIFFERENTIATED FROM ACCION PUBLICIANA AND ACCION REIVINDICATORIA
of confirmation of the auction sale which is the date when the (FISTS); and
certificate of title is issued. (BIR RMC No. 15-2008, 15 Aug. 2008) 3. Action is brought within 1 year from the unlawful
ACCION INTERDICTAL ACCION PUBLICIANA ACCION REIVINDICA-TORIA
deprivation. (Sec. 1, Rule 70)
H. PARTITION Requisites of Unlawful Detainer

(RULE 69) A plenary action for the recovery of the An action for the recovery of
Summary action for the recovery of physical
1. Possession of any land or building is unlawfully real right of possession when the ownership, which necessarily
possession where the dispossession has not
withheld from a lessor, vendor, vendee, or other dispossession has lasted for more than 1 includes the recovery of
lasted for more than 1 year.
person after the expiration or termination of the year. possession.
Kinds of Partition
right to hold possession by virtue of any contract
1. Judicial partition; and express or implied;
2. Extrajudicial partition This action must be filed more than 1
2. Action is brought within 1 year after such unlawful year after but within 10 years from
deprivation or withholding of possession; and This action must be filed within 1 year from
Requisites of a valid Partition dispossession since Art. 555 of the NCC This action is imprescripti-ble
dispossession.
provides that the right of possession is
1. Right to compel the partition; 3. Demand to pay or comply with the conditions of the lost after the lapse of 10 years.
2. Complaint must state the nature and extent of plaintiff's lease and to vacate is made upon the lessee. (Sec. 1, RTC has jurisdiction if the value of the RTC has jurisdiction if the value of
title and a description of the real estate of which partition is Rule 70, ROC, as amended) All cases of forcible entry and unlawful property exceeds Php 400,000. the property exceeds Php 400,000.
demanded; and detainer irrespective of the amount of
3. All other persons interested in the property must be joined Forcible Entry vs. Unlawful Detainer damages or unpaid rentals sought to be MTC has jurisdiction if the value of the MTC has jurisdiction if the value of
as defendants. (Sec. 1, Rule 69, ROC, as amended) recovered should be brought to the MTC. property does not exceed the above the property does not exceed the
UNLAWFUL amounts. above amounts.
FORCIBLE ENTRY
Non-inclusion of a Co-owner in an Action for Partition DETAINER
(DETENTACION)
(DESAHUCIO)
1. Before judgment – Not a ground for a motion to dismiss. As to Definition
J. CONTEMPT
The remedy is to file a motion to include the party. Possession is inceptively (RULE 71)
2. After judgment – Makes the judgment therein void lawful but it becomes
Possession of the land by
because co-owners are indispensable parties. illegal by reason of the
the defendant is unlawful
termination of his right to
from the beginning as he Criminal Contempt vs. Civil Contempt
Partition by Agreement vs. Partition when Parties fail to the possession of the
acquires possession by
property under his
reach an Agreement FISTS. CRIMINAL CONTEMPT CIVIL CONTEMPT
contract with the
plaintiff. As to Definition
PARTITION It is the failure to do something ordered to be done by a court
As to Demand
PARTITION WHEN PARTIES It is a conduct directed against the authority and dignity of or a judge for the benefit of the opposing party therein and is
Demand to vacate is not
BY AGREEMENT FAIL TO REACH Demand is jurisdictional
required before the filing the court or a judge acting judicially; it is a conduct therefore, an offense against the party in whose behalf the
AN AGREEMENT if the ground is non-
of the action because obstructing the administration of justice which tends to bring violated order was made. (Castillejos Consumers Association,
As to Agreement of Parties payment of rentals or
occupancy is illegal from the court into disrepute or disrespect. (Castillejos Consumers Inc. v. Domingues, G.R. No. 189949, 25 Mar. 2015; Riano, 2019)
Parties agreed to make Parties failed to agree to make the failure to comply with the
the very beginning. Association, Inc. v. Domingues, G.R. No. 189949, 25 Mar. 2015;
the partition among partition. lease contract.
(Riano, 2019) Riano, 2019) NOTE: If the purpose is to punish, it is criminal in nature but
themselves. As to Prior Physical Possession if to compensate, then it is civil.
As to How it is Done The plaintiff must prove As to Purpose
Done through an The Court shall appoint not more that he was in prior Purpose is to provide a remedy for an injured suitor and to
The plaintiff need not Purpose is to vindicate the authority of the court and protect
instrument of than three commissioners to assist physical possession of coerce compliance with an order for the preservation of the
have been in prior its outraged dignity.
conveyance or deed of the Court and the parties in making the premises until he was rights of private persons
physical possession.
partition. the partition. deprived thereof by the
As to Intent
As to the Confirmation of the Court defendant.
Intent is necessary. Intent is not necessary.
The deed shall be The report of the commissioners As to Reckoning Point
As to Who Institutes
confirmed by the court. must be confirmed by the court. GR: The one-year period
Instituted by the aggrieved party or his successor or someone
is counted from the date State is the real prosecutor.
Period is counted from who has pecuniary interest in the right to be protected.
of actual entry on the
the date of the last As to Proof Required
land.
I. FORCIBLE ENTRY demand or last letter of Proof required is more than mere preponderance of
demand in case of non- Proof required is proof beyond reasonable doubt.
AND UNLAWFUL DETAINER XPN: When entry is by evidence.
(RULE 70) payment of rentals or
stealth, the period must As to Effect of Judgment
violation of the
be counted from the If accused is acquitted, there can be no appeal. If judgment is for respondent, there can be an appeal.
conditions of the lease.
demand to vacate upon
(Riano, 2019)
Requisites of Forcible Entry (P-F-I-S-T-S-1) learning of the stealth.
(Riano, 2019)
1. A person is deprived of Possession of any land or building;

Direct Contempt vs. Indirect Contempt imposed shall depend upon the provisions of the law
which authorizes a penalty for contempt against such
DIRECT CONTEMPT INDIRECT CONTEMPT persons or entities.
Definition Remedy
Committed by a person who does the following acts: The person adjudged in direct contempt by any court may not
appeal therefrom, but may avail himself of the remedies of Appeal (by notice of appeal)
A person guilty of misbehavior in the presence of or so near a
1. Disobedience or resistance to a lawful writ, process, special civil action of certiorari or prohibition directed against
court as to obstruct or interrupt the proceedings before the
order or judgment of a court; the court, which adjudged him in direct contempt. (Sec. 2, Rule The person adjudged in indirect contempt may appeal from
same, including disrespect toward the court, offensive
2. Any abuse of or any unlawful interference with the 71, ROC, as amended) the judgment or final order of the court in the same manner
personalities toward others, or refusal to be sworn or to
processes or proceedings of a court not constituting as in criminal cases. The appeal will not however have the
answer as a witness, or to subscribe an affidavit or deposition
direct contempt; and Pending the resolution of the petition for certiorari or effect of suspending the judgment if the person adjudged in
when lawfully required to do so. (Sec. 1, Rule 71, ROC, as
3. Any improper conduct tending, directly or indirectly, prohibition, the execution of the judgment shall be suspended, contempt does not file a bond in an amount fixed by the
amended)
to impede, obstruct or degrade the administration of provided such person files a bond fixed by the court which court from which the appeal is taken. This bond is
justice. (Siy v. NLRC, G.R. No. 158971, 25 Aug. 2005) rendered the judgment and conditioned that he will abide by conditioned upon his performance of the judgment or final
Location and perform the judgment should the petition be decided order if the appeal is decided against him. (Sec. 11, Rule 71,
Committed in the presence of or so near a court. Not committed in the presence of the court. against him. (Sec. 2, Rule 7, ROC, as amended; Canada v. Suerte, ROC, as amended)
Nature of proceeding A.M. No. RTJ-04-1884, 22 Feb. 2008)
Summary in nature Punished after being charged and heard Commencement of Contempt Proceeding
How done 1. May be initiated motu proprio by the court against which
Contempt in facie curiae Constructive contempt the contempt was committed by order or other formal
charge by the court requiring the respondent to show
cause why he should not be punished for contempt; or
NOTE: This procedure applies only when the indirect

Grounds
contempt is committed against a court of judge
1. Misbehavior of an officer of a court in the performance
possessed and clothed with contempt powers.
of his official duties or in his official transactions;
2. Abuse or any unlawful interference with the proceedings
No formal proceeding is required to cite a person in direct 2. By a verified petition with supporting particulars and
not constituting direct contempt;
contempt. The court against which the contempt is directed certified true copies of the necessary documents and
1. Misbehavior in the presence of or so near a court as to 3. Disobedience of or resistance to a lawful writ, process,
may summarily adjudge a person in direct contempt. (Sec. 1 papers (independent action; must comply with
obstruct or interrupt the proceedings; order, or judgment of a court or unauthorized intrusion
Rule 71, ROC, as amended; Encinas v. National Bookstore Inc., requirements of an initiatory pleadings). (Sec. 4, Rule 71,
2. Disrespect towards the court; to any real property after being ejected;
G.R. No. 162704, July 28, 2005) ROC, as amended)
3. Offensive personalities toward others; or 4. Failure to obey a subpoena duly served;
4. Refusal to be sworn or to answer as a witness, or to 5. Assuming to be an attorney or an officer of the court
NOTE: If the contempt charges arose out of or are
subscribe an affidavit or deposition when lawfully without authority;
related to a principal action pending in the court, the
required to do so. (Sec. 1, Rule 71, ROC, as amended) 6. Rescue or attempted rescue, of a person or property in
petition for contempt shall allege that fact but said
the custody of an officer;
petition shall be docketed, heard and decided separately,
7. Any improper conduct tending to degrade the
unless the court in its discretion orders the
administration of justice. (Sec. 3, Rule 71, ROC, as
consolidation of the contempt charge and the principal
amended)
action for joint hearing and decision. (Sec. 4, Rule 71, ROC,
Penalty
as amended)
The penalty for direct contempt depends upon the court to The punishment for indirect contempt depends upon the
which the act was committed: level of the court against which the act was committed:
1. If the act constituting direct contempt was committed 1. Where the act was committed against an RTC or a court
against an RTC or a court of equivalent or higher rank, of equivalent or higher rank, he may be punished by a
the penalty is a fine not exceeding 2,000 pesos or fine not exceeding P30,000 or imprisonment not
imprisonment not exceeding 10 days, or both; exceeding 6 months, or both;
2. Where the act was committed against a lower court, he
2. If the act constituting direct contempt was committed may be punished by a fine not exceeding 5,000 pesos
against a lower court, the penalty is a fine not exceeding or imprisonment not exceeding one month, or both.
200 pesos or imprisonment not exceeding 1 day, or both Aside from the applicable penalties, if the contempt
(Sec. 1, Rule 71, ROC, as amended); consists in the violation of a writ of injunction, TRO or
3. If the contempt consists in the refusal or omission to do status quo order, he may also be ordered to make
an act which is yet within the power of the respondent to complete restitution to the party injured by such
perform, he may be imprisoned by order of the court violation of the property involved or such amount as
concerned until he performs it. may be alleged and proved (Sec. 7, Rule 71, ROC, as
amended);
3. Where the act was committed against a person or
entity exercising quasi-judicial functions, the penalty

Rules 92-97; A.M. No. 03-02-05-SC
VI. SPECIAL PROCEEDINGS AND SPECIAL WRITS
1. If resident – place where minor/
Family Court – In case of minors. incompetent resides.; (Sec. 1, Rule 92,
Special Proceeding (Sec. 3, A.M. No. 03-02-05-SC) ROC, as amended; Sec. 3, A.M. No. 03-
02-05-SC ) or
Guardianship
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, as amended) RTC – In cases of incompetents other 2. If non-resident – place where minor/
than minors. (Sec. 1, incompetent has property. (Sec. 1,
SPECIAL PROCEEDING JURISDICTION VENUE Rule 92, ROC, as amended) Rule 92, ROC, as amended; Sec. 3, A.M.
Rules 73 - 90 No. 03-02-05-SC)
Rule 98
RTC – when the gross value of the
estate exceeds P2,000,000. (Sec. 19, RTC – when the gross value of the
B.P. 129, as amended by R.A. No. estate exceeds P2,000,000. (Sec. 19,
1. If resident of the Philippines
11576) B.P. 129, as amended by R.A. No.
(whether citizen or alien) – Court of
the province/city where the 11576) Where the will was allowed or where the
MTC – when the gross value of the property or some portion thereof,
deceased resides at the time of death. Trustees
Settlement of Estate of Deceased estate does not exceed P2,000,000. MTC – when the gross value of the affected by the trust is situated. (Sec. 1,
Persons (Sec. 33, B.P. 129, as amended by R.A. estate does not exceed P2,000,000. Rule 98, ROC, as amended)
2. If non-resident – Court of any
No. 11576) (Sec. 33, B.P. 129, as amended by R.A.
province/city in which he or she had
estate. (Sec. 1, Rule 73, ROC, as No. 11576)
NOTE: MTC’s jurisdiction is
amended)
exclusive of interest, damages of
whatever kind, attorney’s fees,
Rule 103
litigation expenses and costs.
Where petitioner resides for at least 3
RTC (Sec. 1, Rule 103, ROC, as years prior to the date of filing of the
Change of name
Rule 91 amended) petition. (Sec. 1, in relation to Sec. 2, Rule
Rule 108
Cancellation Where the corresponding civil registry is

RTC (Sec.1, Rule 108, ROC, as
or Correction of Entries in the Civil located. (Sec. 1, in relation to Sec. 2, Rule
amended)
Registry 108, ROC, as amended)
1. Ordinary escheat proceedings – RTC R.A. No. 9048, as amended by R.A. No. 10172
a. If resident – place where the

deceased last resided; or
b. If non-resident – place where the 1. Administrative Correction of
estate is located. (Sec. 1, Rule 91, Entry/Change of First Name or
Local civil registry office where the
ROC, as amended) Nickname
record being sought to be corrected or
RTC (Sec. 1, Rule 91, ROC, as changed is kept. (Sec. 3, R.A. No. 9048)
Escheat 2. Reversion of land to the State for 2. Correction of date of birth with
amended)
violation of the Constitution – RTC regard to the day and month of
In case petitioner has already migrated to
where the land lies in whole or in birth but not the year of birth
another place in the country – with the
part. (Sec. 5, Rule 91, ROC, as
Local Civil Registry/Consul local civil registrar of the place where the
amended) 3. Change of sex of a person where it
General (Sec. 3, R.A. No. 9048) interested party is presently residing or
is patently clear that there was a
domiciled. (Sec. 3, ibid.)
3. Unclaimed deposits (for 10 years) – clerical or typographical error or
RTC of the city/province where the mistake in the entry
Citizens of the Philippines who are
bank is located.
presently residing or domiciled in foreign
4. Clerical or typographical errors
countries – with the nearest Philippine
which can be corrected by the civil
Consulates. (Sec. 3, ibid.)
registry (Sec. 9, R.A. No. 9048, as

Rule 107 Rule 102
Where the absentee resided before his SC, CA, RTC, MTC in the province or
RTC (Sec. 1, Rule 107, ROC, as
Declaration of absence and death disappearance. (Sec. 1, Rule 107, ROC, as city in case there is no RTC judge; SB
amended) Where the aggrieved party is detained
amended) Habeas Corpus only in aid of its appellate
(RTC).
jurisdiction. (Sec. 2, Rule 102, ROC, as
A.M. No. 02-06-02-SC/ R.A. No. 11642 amended)
National Authority for Child Care A.M. No. 03-04-04-SC

Domestic Adoption
(NACC). (Sec. 6, R.A. No. 11642)
Regional Alternative Child Care Family Court, CA, SC (Sec. 20, A.M.
RACCO where the adoptee resides (Sec.
Rescission of Adoption Office (RACCO). (Sec. 48, R.A. No. No. 03-04-04-SC)
48, R.A. No. 11642)
11642)
NOTE: A petition may be filed with
Inter-country Adoption NACC (Sec. 6, R.A. No. 11642)
the regular court in the absence of Where the petitioner resides or where
Habeas Corpus in Relation to Custody
A.M. No. 03-04-04-SC the presiding judge of the Family the minor may be found. (Sec. 3, A.M. No.
of Minors (Sec. 20, A.M. No. 03-04-04-SC)
Where petitioner resides or where the Court, provided, however, that the 03-04-04-SC)
Family Court (Sec. 3, A.M. No. 03-04-
Custody of Minors minor may be found. (Sec. 3, A.M. No. 03- regular court shall refer the case to
04-SC)
04-04-SC) the Family Court as soon as its
Rule 105 presiding judge returns to duty. (Sec.
20, A.M. No. 03-04-04-SC)
Judicial Approval of Voluntary Family Court (Sec. 1, Rule 105, ROC, Where the child resides. (Sec. 1, Rule 105,
Recognition of Minor Natural Children as amended) ROC, as amended)
A.M. No. 07-9-12-SC
A.M. No. 02-11-10-SC Where the threat, act or omission was
RTC, SB, CA or SC or any justice
Where petitioner or respondent has been Writ of Amparo committed or any of its elements
thereof (Sec. 3, A.M. No. 07-9-12-SC)
residing for at least 6 months prior to the occurred. (Sec. 3, A.M. No. 07-9-12-SC)
date of filing. A.M. No. 08-1-16-SC
Declaration of Nullity of Void Family Court (Sec. 3(b), A.M. No. 02-
Where the petitioner or respondent
Marriage/ Annulment of Marriage 11-10-SC) In case of non-resident respondent,
resides, or that which has jurisdiction
where he may be found, at the election of
RTC, SB, CA or SC or any justice over the place where the data or
the petitioner. (Sec. 4, A.M. No. 02-11-10- Writ of Habeas Data
thereof (Sec. 3, A.M. No. 08-1-16-SC) information is gathered, collected or
SC)
stored, at the option of the petitioner.
A.M. No. 02-11-11-SC (Sec. 3, A.M. No. 08-1-16-SC)
Where petitioner or respondent has been
A.M. No. 09-6-8-SC
residing for at least 6 months prior to the
Where the unlawful act, omission or
date of filing. SC or any stations of CA (Sec. 3, Rule
Writ of Kalikasan threat was committed. (Sec. 3, A.M. No.
Family Court (Sec. 2(c), A.M. No. 02- 7, A.M. No. 09-6-8-SC)
Legal Separation 09-6-8-SC)
11-11-SC) In case of non-resident respondent,
where he may be found at the election of
Publication Requirement in Special Proceedings
the petitioner. (Sec. 2(c), A.M. No. 02-11-
11-SC)
SPECIAL PROCEEDING PUBLICATION OF ORDER OF HEARING
Family Code Clerical or typographical errors;
Petition for Judicial Permission to administrative change of first name or
RTC Where the petitioner resides.
Marry nickname, the day and month in the date
of birth or sex of a person where it is Once a week for 2 consecutive weeks (Sec. 5, R.A. No. 9048)
Where the petitioner resides or where patently clear that there was a clerical
Summary Proceedings Family Court (Sec. 5, R.A. No. 8369)
the child resides if it involves minors. or typographical error or mistake in the
entry
R.A. No. 8369 (For actions mentioned in the Family Code)
Settlement of estate of deceased persons
Judicial change of name
1. Petitions on Foster Care and Where petitioner or respondent has been Once a week for 3 consecutive weeks (Sec. 2, Rule 74, ROC, as amended; Sec. 3;
Judicial cancellation or correction of
Temporary Custody residing for at least 6 months prior to the Rule 103, ROC, as amended; Sec. 3, Rule 105, ROC, as amended; Sec. 12, A.M. No.
entries in the civil registry
date of filing. 02-06-02-SC)
Domestic adoption
2. Declaration of Nullity of Marriage Family Court (Sec. 5, R.A. No. 8369)
Inter-country adoption
In case of non-resident respondent,
Once a week for 3 consecutive weeks (Sec. 4, Rule 107, ROC, as amended)
3. Cases of Domestic Violence where he may be found at the election of Declaration of absence
Against Women and Children the petitioner.

NOTE: The declaration of absence shall not take effect until six (6) months Interested parties (Rizal Commercial Banking Corporation v. Hi-Tri Development
Escheat
after its publication in a newspaper of general circulation. (Sec. 6, Rule 107, Corporation, G.R. No. 192413, 13 June, 2012)
ROC, as amended)
Escheat Once a week for 6 consecutive weeks (Sec. 2, Rule 91, ROC, as amended) VENUE OF SPECIAL PROCEEDINGS
Guardianship
Trustees Settlement of estate (Rule 73)
Custody of minors RTC (or MTC) of province where deceased last resided/property situated.
Rescission of adoption Escheat (Rule 91)
Correction of clerical or typographical RTC of province where deceased last resided/property situated.
error Guardianship (Rule on Guardianship of Minors [A.M. No. 03-02-05-SC])
Habeas corpus Family Court of province or city where minor resides/property situated. (Rule 92)
Writ of amparo None.
Writ of habeas data RTC of province or city where incompetent resides/property situated.
Writ of kalikasan Adoption (R.A. No. 11642)
1. Petitions on foster care and NACC
temporary custody
2. Cases of domestic violence against Rescission – RACCO
women and children Writ of Habeas Corpus (Rule 102)
Summary proceedings If filed with RTC, where detainee is detained. SC, CA and RTC have concurrent jurisdiction. However, the writ of habeas corpus
issued by the RTC shall be enforceable only within its judicial region. (Sec. 21, BP 129)
NOTE: In declaration of nullity or annulment of marriage or legal separation, service of summons may be made through
publication once a week for 2 consecutive weeks. (Sec. 6(1), A.M. No. 02-11-10-SC) Habeas Corpus for custody of minors: Family courts have exclusive jurisdiction. (Family Courts Act of 1997, R.A. No. 8309)
Notification Requirement in Special Proceedings However, under the Rule on Custody of Minors and Writ of Habeas Corpus in relation to Custody of Minors (A.M. No. 03-04-
04-SC), the petition may be filed with SC, CA or any of its members, and the writ shall be enforceable anywhere in the
SPECIAL PROCEEDING TO WHOM NOTICE MUST BE GIVEN Philippines.
Settlement of estate of deceased Writ of Amparo (A.M. No. 07-9-12-SC)
Executor/administrator/any interested party
persons SC, CA and SB
Trustees All persons interested in the trust RTC of the place where the threat, act or omission was committed or any of its elements occurred
Judicial change of name Interested parties/Solicitor General Habeas Data (A.M. No. 08-1-16-SC)
Judicial cancellation or SC, CA and SB
Persons named in the petition/Solicitor General/Civil Registrar impleaded as
correction of entries in the civil RTC:
respondent
registry 1. Where petitioner resides; or
Declaration of absence and 2. Where respondent resides;
Heirs/legatees/devisees/creditors/other interested persons
death 3. Which has jurisdiction over the place where data or information is gathered, etc.
Administrative correction of
entry/ change of first name or Interested parties All at the option of petitioner.
nickname Change of name (Rule 103)
The minor if above 14 years of age/incompetent himself/Interested parties on the RTC of province of residence of petitioner.
Guardianship
property of the ward. General or special notice may be given. Absentees (Rule 107)
Domestic Adoption Biological parents/Solicitor General
Rescission of Adoption Adopter RTC of place where absentee resided before his disappearance.
Inter-country Adoption Biological parents, if any/guardian
Custody of Minors Biological parents/guardian, if any Cancellation or correction of entries (Rule 108)
Habeas corpus To the person to which the writ is directed RTC of place where civil registry is located.
Writ of Amparo Respondent
Writ of habeas data Respondent Correction of clerical or typographical errors (RA 9048):
Writ of kalikasan Respondent
GR: Local Civil Registrar of place where record is located.
Summary proceedings Respondent and interested party
XPN: If impractical in terms of transportation expenses, time and effort as where petitioner has transferred to another place
1. Petitions on foster care and – Local Civil Registrar of petitioner’s residence.
temporary custody
Solicitor General/Public Prosecutor
2. Cases of domestic violence
against women and children
Declaration of nullity of void
marriage/ Annulment of City/Provincial Prosecutor/ Respondent
marriage
Legal separation City/Provincial prosecutor/ Respondent

XPNs: In case of disagreement of heirs, they may state their notice; and
A. SETTLEMENT OF ESTATE oppositions in an ordinary action of partition. 4. It must be published for 3 consecutive weeks in a
OF DECEASED PERSONS 1. For purposes of expediency and convenience, the newspaper of general circulation in the province. (Ibid.)
general rule is subject to exceptions, such that: Sample Affidavit of Adjudication by Sole Heir of Estate
of Deceased Person (Guevara, 2010) 3. ALLOWANCE AND DISALLOWANCE OF WILLS (RULE
a. The probate court may provisionally pass 76)
1. VENUE AND PROCESS
(RULE 73) upon in an intestate or testate proceeding REPUBLIC OF THE PHILIPPINES )
the question of inclusion in, or exclusion CITY OF ____________________________ ) S.S. Scope of Examination of a Will
from, the inventory of a piece of property
Which Court has Jurisdiction
without prejudice to its final I, _________________, of legal age, married to GR: The probate of a will refers to its due execution and
determination in a separate action; ____________________ (or single) and now residing at settles only the formal or extrinsic validity of the will.
RTC MTC
_____________________, Philippines, after having been sworn in (Regalado, 2008)
Gross value of the estate
Gross value of the estate b. The probate court is competent to decide accordance with law, depose and say:
does not exceed
exceeds P2,000,000. (Sec. the question of ownership if the interested XPNs: Principle of Practical Considerations – wherein the
P2,000,000. (Sec. 33, B.P.
19, B.P. 129, as amended by parties are all heirs, or the question is one 1. That I am the only surviving son of ___________, who court may pass upon the intrinsic validity of the will:
129, as amended by R.A.
R.A. No. 11576) of collation or advancement, or the parties died intestate in the municipality of ______________,
No. 11576)
consent to the probate court’s assumption Philippines on __________, as evidenced by Death 1. In the case of absolute preterition without any
of jurisdiction and the rights of third Certificate issued by the ____________ hereto attached provision in favor of any devisees or legatee; (Nuguid v.
Venue in Judicial Settlement of Estate (2010, 2005,
parties are not impaired. (Mutilan v. as Annex “A” and made an integral part of this Nuguid, G.R. No. L-23445, 23 June 1966) or
2003 BAR)
Mutilan, G.R. No. 216109, 05 Feb. 2020) Affidavit;
2. Where the defect is apparent on its face, the probate
RESIDENT NON-RESIDENT
2. When, by seeking affirmative relief to the court and 2. That said deceased left an estate consisting of a court may determine the intrinsic validity of the will
Court of the province/city Court of any province in claiming ownership over the funds/property, parcel of land measuring __________ sq.m. located in even before its formal validity is established, as the
where the deceased resided which he had estate. The parties impliedly agreed to submit the issue of the municipality of __________, and evidenced by probate of a will may become a useless ceremony if the
at the time of death, whether court first taking ownership before the trial court, acting as an Transfer of Title No. __________ of the Registry of will is intrinsically invalid. (Regalado, 2008)
a citizen or alien. (Sec. 1, Rule cognizance of the intestate court. (Rodriguez v. Rodriguez, G.R. No. Deeds of _____________;
73, ROC, as amended) settlement of the estate 230404, 31 Jan. 2018) Allowance and Disallowance of Will
of a decedent, shall 3. That the said parcel of land is more particularly
exercise jurisdiction to described as follows:
2. SUMMARY SETTLEMENT OF ESTATES GR: Probate proceedings are instituted only after the death
the exclusion of all other
(RULE 74) of the testator (post-mortem probate) (Sec. 1, Rule 76, ROC,
courts. (Sec. 1, Rule 73, (Description) as amended)
ROC, as amended)
Requisites for extrajudicial settlement: (I-D-A-P-P-B)
4. That said deceased left no debts; XPN: The testator himself may, during his lifetime, petition
Principle of Preferential Jurisdiction/ Exclusionary
1. Decedent died Intestate; the court having jurisdiction for the allowance of his will
Rule (2010, 2005, 2003 BAR) 5. That pursuant to Rule 74, Sec. 1 of the Rules of
2. No outstanding Debts at the time of settlement; (ante-mortem probate). (Sec. 12, Rule 76, ROC, as amended)
Court, I hereby adjudicate unto myself the above-
GR: The probate court first taking cognizance of the described real estate by means of this Affidavit and
NOTE: No creditor should have filed a petition for Contents of Petition for Allowance of Will
settlement of the estate. hereby files the same with the Register of Deed of
letters of administration within 2 years after the
decedent’s death. ____________ with the request that said adjudication A petition for the allowance of a will must show, so far as
XPN: Estoppel by laches (Uriarte v. CFI of Negros Occidental, be made effective without judicial proceedings as known to the petitioner: (Ju-N-Va-Le-C)
G.R. Nos. L-21938-39, 29 May 1970) prescribed by the aforementioned Rules of Court.
3. Heirs are all of legal Age or minors represented by
judicial guardians or legal representatives; 1. Jurisdictional facts (2012 BAR):
Extent of Jurisdiction of Probate Court IN WITNESS WHEREOF, I have hereunto set my hand
4. Settlement is made in a Public instrument or by means a. Death of the testator;
of an affidavit, in case of a sole heir, duly filed with the this ____ day of ___________ 20____, in ____________, Philippines. b. His residence at the time of his death;
A probate court acting as such exercises limited jurisdiction.
RD; c. If non-resident, the province where the estate was
It is primarily concerned with the administration, (Signature of Affiant)
5. Publication in a newspaper of general circulation in the left; and
liquidation, and distribution of estate. (Union Bank v.
province once a week for 3 consecutive weeks; and d. The fact that the will has been delivered to the
Santibañez, G.R. No. 149926, 23 Feb. 2005) (JURAT)
6. Filing of Bond equivalent to the value of personal court. (Regalado, 2008)
property with the RD. (De Leon & Wilwayco, 2020)
It has the authority to: Summary Settlement of Estates of Small Value, When 2. The Names, ages, and residences of the heirs, legatees
NOTE: The amount of bond is equivalent to the value of the Allowed and devisees of the testator or decedent;
1. Determine the heirs; and
personal property that forms part of the estate. This should 3. The probable Value and character of the property of the
2. Make a just and legal distribution of the estate. The following requisites must be present:
be distinguished from the amount of the bond for purposes estate;
of summary settlement of estate, in which case, the amount 4. The name of the persons for whom Letters are prayed;
of the bond shall be fixed by the court. 1. The complaint must allege that the gross value of the and
With respect to real estate, there shall be a lien on the real estate of the deceased does not exceed P10,000.00; 5. If the will has not been delivered to the court, the name
Questions of Title 2. A bond has been duly filed in an amount fixed by the
estate in favor of creditors, heirs, or other persons for two of the person having Custody of it. (Sec. 2, Rule 76, ROC,
(2) years after the distribution. court; as amended)
GR: The question as to titles of properties should not be 3. A proper hearing is held not less than 1 month nor more
passed upon in testate or intestate proceedings but should than 3 months from date of last publication of the
be ventilated in a separate action.

Proving a Will 4. Judgment for money against the decedent. (Sec. 5, Rule
c. If the signature of the testator was procured by 86, ROC, as amended) 7. DISTRIBUTION AND PARTITION
UNCONTESTED CONTESTED fraud or trick, and he did not intend that the (RULE 90)
Notarial Will instrument should be his will at the time of fixing 5. PAYMENT OF DEBTS OF THE ESTATE
The court may grant his signature thereto. (De Leon & Wilwayco, 2020, (RULE 88) Two (2) Requisites Before the Distribution of the Estate
allowance thereof on the All the subscribing citing Sec. 9, Rule 76, ROC, as amended)
testimony of one of the witnesses and the notary Requisites before Executor or Administrator may Pay 1. Liquidation; and
subscribing witnesses public must testify as to the 4. CLAIMS AGAINST THE ESTATE the Money Claims (H-A-S) 2. Declaration of heirs. (Sec. 1, Rule 90, ROC, as amended)
only, if such witness due execution and (RULE 86)
testifies that the will was attestation of the will. (Sec. 1. Hearing; Process for the Distribution of the Residue of the Estate
executed as is required by 11, Rule 76, ROC, as GR: Not all money claims may however be presented, but 2. Amounts of such claims are ascertained; and
law. (Sec. 5, Rule 76, ROC, as amended) only those which are proper against the decedent, that is, 3. Sufficient assets to pay the debt. The net estate of the decedent must be ascertained, by
amended) claims upon a liability contracted by the decedent before his deducting all payable obligations and charges from the
Holographic Will death. Order of Preference for Payment of Debts value of the property owned by the deceased at the time of
his death; then, all donations subject to collation would be
XPN: Claims arising after his death cannot thus be GR: The payment of the debts of the estate must be taken added to it. With the partible estate thus determined, the
presented except: from the following order: legitime of the compulsory heir or heirs can be established;
The will shall be allowed if
At least one witness who and only then can it be ascertained whether or not a
at least three (3) witnesses
knows the handwriting and 1. Funeral expenses; and 1. Portion or property designated in the will; donation had prejudiced the legitimes. (Heirs of Doronio v.
who know the
signature of the testator 2. Expenses of the last sickness of the decedent. (Testate 2. Personal property not disposed of by will; and Heirs of Doronio, G.R. No. 169454, 27 Dec. 2007)
handwriting of the testator
explicitly declares that the Estate of deceased Gabin v. Melliza, et. al, G.R. L-1849, 3. Real property not disposed of by will. (Sec. 3, Rule 88,
explicitly declare that the
will and the signature are 25 Oct. 1949) ROC, as amended) NOTE: Even if the testator stated in his will that he owes a
will and the signature are
in the handwriting of the certain person and ordered that the same be paid, if the
in the handwriting of the
testator. (Sec. 5, Rule 76, XPN: The Court, on petition of interested persons, may estate is insolvent, the creditor shall not enjoy priority over
testator. (Sec. 11, Rule 76,
ROC, as amended) Time within which Claims should be Filed; XPNs modify such order of disposition. other claimants. The provision in the will should only
ROC, as amended)
establish the claim of the creditor against the estate. He
GR: It should be filed within the time fixed in the notice 6. SALES, MORTGAGES, AND OTHER ENCUMBRANCES must still file his claim according to Sec. 9, Rule 86 and must
which shall not be less than 6 months nor more than 12 OF PROPERTY OF DECEDENT (RULE 89) comply with the statute of non-claims. (Ibid.)
Holographic Will Petitioned months from the date of the first publication of the notice
by Testator Himself thereof. Such period when fixed by the probate court Instances when Real Properties may be ordered Sold, Remedy of an Heir entitled to Residue of the Estate but
The fact that he affirms becomes mandatory and any action not filed within the Mortgaged, or Encumbered not given his Share
that the holographic will period shall be barred forever. (Sec. 2, Rule 86, ROC, as
The burden of disproving amended) 1. Motion to Set Aside the Distribution – If an heir
and the signature are in his 1. When the personal estate of the deceased is not
shall be on the contestant. appears after the court approved the project of
own handwriting shall be sufficient to pay the debts, expenses of administration,
sufficient. XPNs: and legacies; (Sec. 2, Rule 89, ROC, as amended) partition, the heir must file a motion to set aside the
distribution with the court so that the court will not
NOTE: In the absence of competent witness, and if the court a. The creditor may apply with the court for a new period 2. Where the sale of such personal estate may injure the proceed with the distribution of the residue. The
deems it necessary, expert testimony may be resorted to. not exceeding one (1) month from the order allowing business or other interests of those interested in the probate court shall determine whether such heir has a
(Sec. 5, Rule 76, ROC, as amended) the same for just cause; (Sec. 2, Rule 86, ROC, as estate; (Ibid) right to participate in the distribution of the residue. If
amended) and it is proven that the heir has a right, the court may order
Grounds for Disallowing a Will 3. Where a testator has not otherwise made sufficient the revision of the project of partition for its
b. Creditor may set up his claim as a counterclaim in the provision for the payment of such debts, expenses, and adjustment.
The grounds for the disallowance of a will are exclusive and action filed by the executor or administrator. (Sec. 5, legacies; (Ibid)
may be categorized into three main groups: Rule 86, ROC, as amended) 2. Motion to Deliver Share – If the heir was not excluded
4. When it appears that the sale of the whole or a part of from the proceedings but was not able to receive his
1. Non-compliance with legal formalities: If not Statute of Non-claims the real or personal estate, will be beneficial to the share.
executed and attested as required by law; heirs, devisees, legatees, and other interested persons;
The statute of non-claims is the period fixed for the filing of (Sec. 4, Rule 89, ROC, as amended) 3. Motion for the Reopening of the Settlement
2. Lack of testamentary capacity: If the testator was claims against the estate, such that, claims not filed within Proceedings – If the distribution has already been
insane, or otherwise mentally incapable to make a will, the said period are barred forever. (De Leon & Wilwayco, 5. Where the deceased was in his lifetime under contract, made, a motion for closure has already been granted,
at the time of its execution; and 2020) binding in law, to deed real property, or an interest the heir must file a motion for the reopening of the
therein; (Sec. 8, Rule 89, ROC, as amended) and settlement proceedings within the reglementary
3. Will was not duly executed: Claims that must be Presented under the Statute of Non- period, provided the order of closure has not yet
a. If it was executed under duress, influence of fear, claims 6. Where the deceased in his lifetime held real property in become final and executory. The period is within 30
or threats; trust for another person. (Sec. 9, Rule 89, ROC, as days from the date the order of closure of the
b. If it was procured by undue and improper 1. All claims for money against the decedent, arising from amended) administration proceeding was served on the executor
pressure or influence, on the part of the contract, express or implied, whether due, not due, or NOTE: If the administrator or executor sells property of the or administrator. (Divinagracia v. Rovira, G.R. No. L-
beneficiary, or of some other person for his contingent; estate without the requisite authority of the court, such sale 42615, 10 Aug. 1976)
benefit; or 2. All claims for funeral expenses; is null and void. (Godoy v. Orellano, G.R. No. L-16584, 17 Nov.
3. Expenses for the last sickness of the decedent; or 1921) 4. Petition for the Reopening of the Settlement

Proceedings – Although closed and terminated, the 2. If he resides in a foreign country, in the RTC of the amended)
preterited heir who was excluded from the settlement province wherein his property or part thereof is
proceedings can still file a petition to reopen within a situated. (Sec. 1, Rule 92, ROC as amended) Grounds of Termination
period of 10 years. (Art. 1144, NCC; Solivio v. CA, G.R. No.
83484, 12 Feb. 1990) 2. APPOINTMENT OF GUARDIANS 1. Death of the ward;
(RULE 93) 2. Death of the guardian;
5. Accion Reivindicatoria – If the order of closure has 3. Competency of the ward has been judicially declared;
already become final and executory, the remedy is to Who may File a Petition for Guardianship of 4. Guardianship is no longer necessary; or
file an independent suit against the parties and all the Incompetents 5. The ward has come of age (emancipation). (Sec. 1-3,
other heirs for his/her share. (Nunal v. CA, G.R. No. Rule 97, ROC, as amended)
94005, 06 Apr. 1993) 1. Any relative;
2. Friend; or Grounds for the Removal or Resignation of a Guardian
3. Other person on behalf of the resident incompetent
B. GUARDIANSHIP who has no parent or lawful guardian; 1. Insanity;
4. Secretary of Department of Health (DOH) in favor of an 2. Incapability or unsuitability for discharging his trust;
insane person who should be hospitalized or in favor of 3. Wastage or mismanagement of the estate of the ward;
an isolated leper. (Sec. 1, Rule 93, ROC as amended) or
MINORS INCOMPETENTS
4. Failure to render an account or make a return for thirty
Still governed by the
NOTE: If the interested person is a creditor and mortgagee (30) days after it is due. (Sec. 2, Rule 97, ROC, as
provisions of the Rules of
of the estate of the minor, he cannot be appointed guardian amended)
Now governed by the Court on Guardianship
Rule on Guardianship of (Rules 92-97, ROC, as of the person and property of the latter. (Garchitorena v.
Sotelo, G.R. No. L-47867, 13 Nov. 1942) The remedy of the guardian from the order of removal is to
Minors. (A.M. No. 03-02- amended). Hence, the
appeal. (Olarte v. Enriquez, G.R. No. L-16098, 31 Oct. 1960)
05-SC, effective 01 May application of the Rules is
2003) limited to guardianship of
Special Disqualification
the person or estate of an 3. GENERAL POWERS AND DUTIES
“incompetent.” OF GUARDIANS
(RULE 96) 1. Non-residence of the guardian;
2. Advanced age of the guardian; and
1. VENUE 3. Judges, clerks of court. (Vancil v. Belmes, G.R. No. 13222,
(RULE 92) 1. Care and custody of the person of the ward;
2. Management of his estate; 19 June 2001)
3. Pay the debts of the ward;
1. In the RTC in the province where he resides, if the ward
4. To settle accounts, collect debts, and appear in actions
is a resident;
for the ward;
5. Manage the estate of the ward frugally, and apply the
2. In the RTC in the province wherein his property is
proceeds to the maintenance of the ward;
situated, if the ward is a non-resident,
6. Render a verified inventory within three (3) months
after his appointment and annually thereafter, and
3. In the City of Manila, the proceedings shall be instituted
upon application of interested persons;
in the Juvenile and Domestic Relations Court. (Sec. 1,
7. Render to court for its approval an accounting of the
property for one (1) year from his appointment and as
often thereafter as may be required, and upon
Incompetents
application of interested persons; and
8. Consent to a partition of real or personal property
1. Those suffering the penalty of civil interdiction;
owned by ward jointly or in common with others. (Secs.
2. Hospitalized lepers;
1 to 8, Rule 96, ROC as amended; Sec. 17, A.M. No.03-02-
3. Prodigals;
05-SC)
4. Deaf and dumb who are unable to read and write;
5. Those who are of unsound mind, even though they have
lucid intervals; and 4. TERMINATION OF GUARDIANSHIP
6. Persons not being of unsound mind, but by reason of (RULE 97)
age, disease, weak mind, and other similar causes,
cannot, without outside aid, take care of themselves Who may File (G-R-I-F)
and manage their property, becoming thereby an easy
prey for deceit and exploitation. (Sec. 2, Rule 92, ROC, as 1. His Guardian;
amended) 2. His Relative;
3. Person who has been declared Incompetent; or
Where filed 4. His Friend.
1. In the RTC of the province where the incompetent The petition shall be verified by oath and shall state that
resides; or such person is then competent. (Sec. 1, Rule 97, ROC, as

Office of the Remedy

C. WRIT OF HABEAS CORPUS To order the protection of the
(RULE 102) constitutional right to a
To direct the person To direct the public officers balanced and healthful
detaining another to involved to conduct an To order the disclosure or ecology and restrain further
Habeas Corpus as Post-conviction Remedy produce the body of the investigation as to the destruction of data relating to acts that cause environmental
person being detained and whereabouts and legality the right to life, liberty or damage of such a magnitude
GR: The writ may not be availed of when the person in custody is under a judicial process or by virtue of a valid judgment. show the cause of of the detention of a security of a person. that prejudices the right to
detention. missing person. life, health or property of
XPN: However, as a post-conviction remedy, it may be allowed when, as a consequence of a judicial proceeding, any of the inhabitants in two or more
following exceptional circumstances is attendant: cities or provinces.
Rights involved
1. There has been a deprivation of a constitutional right resulting in the restraint of a person; Constitutional right to a
Right to life, liberty, and Right to informational
2. The court had no jurisdiction to impose the sentence; or Right to liberty. balanced and healthful
security privacy.
3. The imposed penalty has been excessive, thus voiding the sentence as to such excess. (De Leon & Wilwayco, 2020; Go v. ecology
Dimagiba, G.R. No. 151876, 21 June 2005) Coverage
1. All cases of illegal 1. Gathering;
DISTINCTIONS BETWEEN WRIT OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN confinement or detention 2. Collecting; or
Environmental damage of such
by which any person is 1. Extrajudicial killings; 3. Storing data or
magnitude as to prejudice the
HABEAS CORPUS AMPARO HABEAS DATA KALIKASAN deprived of liberty; and and information regarding:
life, health, or property of
2. Cases where the rightful 2. Enforced a. Person;
Literal Interpretation inhabitants in two or more
custody of any person is disappearances. b. Family;
It is a Filipino word which cities or provinces.
You have the body. To protect. You have the data. withheld from the person c. Home; or
means “nature” in English. entitled. d. Correspondence
Availability Venue
Special remedy available

to a natural or juridical
person, entity authorized by
law, people’s organization, 1. RTC where the
non-governmental petitioner or
Writ directed to the person
Remedy available to any person organization, or any public respondent resides, or
detaining another,
whose right to privacy in life, interest group accredited by 1. RTC of the place where that which has
commanding him to Remedy available to any
liberty or security is violated or or registered with any the threat, act or jurisdiction over the
produce the body of the person whose right to life, 1. RTC where the person is
threatened by an unlawful act or government agency, on behalf omission was place where the data or
prisoner at a designated liberty, and security is detained;
omission of a public official or of persons whose committed or any of its information is gathered,
time and place, with the violated or threatened 2. Sandiganbayan;
employee, or of a private constitutional right to a elements occurred; collected or stored, at 1. CA; or
day and cause of his with violation by an 3. CA;
individual or entity engaged in balanced and healthful 2. Sandiganbayan; the option of the 2. SC.
capture and detention, to unlawful act or omission of 4. SC; or
the gathering, collecting, or ecology is violated, or 3. CA or any justice petitioner;
do, submit to, and receive a public official or 5. Any justice of the three
storing of data or information threatened with violation by thereof; or 2. Sandiganbayan;
whatsoever the court or employee, or of a private preceding courts.
regarding the person, family, an unlawful act or omission of 4. SC or any justice 3. CA; or
judge awarding the writ individual or entity.
home and correspondence of the a public official or employee, thereof. 4. SC when the action
shall consider in that
aggrieved party. or private individual or entity, concerns public data
behalf.
involving environmental files or government
damage of such magnitude as offices.
to prejudice the life, health or
property of inhabitants in two
or more cities or provinces.

Who may file Petition Service of Writ
Aggrieved party, or a Served upon the person to

Served upon the Served upon the respondent Served upon the respondent
qualified person or entity in whom it is directed, and if not
respondent personally; or personally; or through personally; or through
the following order: found or has not the prisoner
through substituted service substituted service in case substituted service in case the
1. Any aggrieved party; in his custody, to the other
in case the writ cannot be the writ cannot be served writ cannot be served
1. Any member of the 2. However, in cases of person having or exercising
served personally. personally. personally.
immediate family; extralegal killings and such custody.
enforced disappearances:
2. Any ascendant, Person who makes the Return
A natural or juridical person,
descendant, or a. Any member of the Officer by whom the prisoner
entity authorized by law,
collateral relative of the immediate family; or is imprisoned or the person
1. Party for whose relief it is people’s organization, non- Respondent Respondent Respondent
aggrieved party within in whose custody the
intended; or governmental organization, or
the 4th civil degree of b. Any ascendant, prisoner is found.
2. Any person on his behalf. any public interest group
consanguinity or descendant, or When to file a return
accredited by or registered
affinity; or collateral relative of
with any government agency. The respondent shall file a
the aggrieved party
3. Any concerned citizen, within the 4th civil Within 5 working days after verified written return
organization, degree of service of the writ, the together with supporting
Within non-extendible period
association or consanguinity or On the day specified in the respondent shall file a affidavits within 5 working
of 10 days after the service of
institution, if there is no affinity. writ. verified written return days from service of the writ,
writ.
known member of the together with supporting which period may be
immediate family or affidavits. reasonably extended by the
relative. Court for justifiable reasons.
Return
Respondent
Public official or employee
or a private individual or
entity engaged in the If issued by RTC: returnable
Public official or employee gathering, collecting or before such court;
Public official or employee, If granted by the SC or CA:
May or may not be an officer. or a private individual or storing of data or
private individual or entity. returnable before the court If issued by RTC: returnable
entity. information regarding the If issued by SB or CA or any of
person, family, home and or any member or before RTC before such court;
their justices: returnable
correspondence of the or any judge thereof;
before such court or to any
aggrieved party. If issued by SB or CA or any
RTC of the place where the
If granted by RTC: returnable of their justices: returnable
Enforceability of the Writ petitioner or respondent
before such court. before such court or to any
resides or that which has
If granted by SC, CA, or RTC of the place where the
jurisdiction over the place
Sandiganbayan: Enforceable In writ of habeas corpus in threat, act or omission was
where the data or
anywhere In the Philippines; Enforceable anywhere in relation to custody of minors, committed or any of its
Enforceable anywhere in the Enforceable anywhere in the information is gathered, If issued by SC,: returnable
the Philippines regardless the writ may be made elements occurred;
Philippines. Philippines. collected or stored; before such court or CA.
If granted by RTC: of who issued the same. returnable to a Family Court
Enforceable only within the or to any regular court within If issued by SC or any of its
If issued by SC or any of its
judicial district. the region where the justices: returnable before
justices: returnable before
petitioner resides or where such court, or before SB, CA,
Docket fees such court, or before SB, CA,
the minor may be found for or to any RTC of the place
or to any RTC where the
hearing and decision on the where the threat, act or
petitioner or respondent
merits (Sec. 20, A.M. No. 03- omission was committed or
resides or that which has
04-04-SC). any of its elements
jurisdiction over the place
occurred.
where the data or
Payment is required. Payment is required.
information is gathered,
Petitioner is exempted from Petitioner is exempted from
collected or stored.
NOTE: Rule on indigent payment. NOTE: Rule on indigent payment.
petitioner applies. petitioner applies.
Effect of Failure to file Return

Hearing of the petition 4. Motion for a bill of interim relief orders;
1. Hearing of the petition
shall proceed ex parte. particulars; and
shall proceed ex parte;
5. Counterclaim or cross - 12. Petition for certiorari,
and
claim; mandamus, or
6. Third - party complaint; prohibition against any
2. The Court may also grant
Hearing of the petition shall 7. Reply; interlocutory order.
the petitioner such relief
proceed ex parte. 8. Motion to declare
as the petition may
respondent in default;
warrant, UNLESS the
9. Intervention;
Court, in its discretion,
10. Memorandum;
requires the petitioner to
11. Motion for
submit evidence.
reconsideration of
Availabe Interim Remedies interlocutory orders or
interim relief orders;
1. Temporary Protection
and
Order;
1. Ocular Inspection Order; 12. Petition for certiorari,
2. Inspection Order;
2. Inspection Order; and mandamus or
3. Production Order; and
3. Production Order. prohibition against any
4. Witness Protection
interlocutory order.
Order.
Quantum of Proof
Preponderance of evidence Substantial evidence Substantial evidence Substantial evidence
General Denial
Not prohibited Not allowed Not allowed Not allowed
Liability of the Person to whom Writ is directed if he refuses to make Return
Forfeit to the aggrieved party
the sum of P 1000, and may Imprisonment or fine for Imprisonment or fine for
Indirect contempt.
also be punished for committing contempt. committing contempt.
contempt.
Hearing
Summary hearing shall be Summary hearing shall be
The hearing including the
Date and time of hearing is conducted not later than 7 conducted not later than 10
preliminary conference shall
specified in the writ. days from the date of working days from the date
not extend beyond 60 days.
issuance of the writ. of issuance of the writ.
Period of Appeal
Within 15 days from the date
Within 48 hours from notice 5 working days from the 5 working days from the
of notice of the adverse
of the judgment or final order date of notice of the adverse date of notice of the
judgment or denial of motion
appealed from. judgment. judgment or final order.
for reconsideration.
Prohibited Pleadings
1. Motion to dismiss;
1. Motion to dismiss;
2. Motion for extension of
2. Motion for extension of
time to file return;
time to file opposition, 1. Motion to dismiss the
3. Motion for
affidavit, position paper complaint;
postponement;
and other pleadings; 2. Motion for a bill of
4. Motion for a bill of
particulars;
particulars;
NOTE: In writ of 3. Motion for extension of
5. Counterclaim or cross-
amparo, a motion for time to file pleadings,
claim;
extension of time to file EXCEPT to file answer, the
6. Third-party complaint;
the return is no longer a extension not to exceed 15
7. Reply;
prohibited pleading, as days;
8. Motion to declare
it may be granted by the 4. Motion to declare the
respondent in default;
court on highly defendant in default;
9. Intervention;
meritorious cases. 5. Reply and rejoinder; and
10. Memorandum;
6. Third-party complaint.
11. Motion for
3. Dilatory motion for
reconsideration of
postponement;
interlocutory orders or

1. WRIT OF HABEAS CORPUS 2. That the rightful custody of the minor is being Withheld 7. Legitimations;
IN RELATION TO CUSTODY OF MINORS from the petitioner by the respondent; and 8. Adoptions;
(A.M. No. 03-04-04-SC) 9. Acknowledgment of natural
3. That it is to the Best interest of the minor concerned to children;
Where Filed be in the custody of petitioner and not that of the 10. Naturalization;
respondent. (Sombong v. CA, G.R. No. 111876, 31 Jan. 11. Election, loss, or recovery of
The petition for custody of minor is filed with the Family 1996) citizenship;
court of the province or city where the petitioner resides or 12. Civil interdiction;
where the minor may be found. (Sec. 3, A.M. No. 03-04-04- 13. Judicial determination of filiation;
SC) The CA and the SC have concurrent jurisdiction with D. CHANGE OF NAME and
Family courts in habeas corpus cases where the custody of (RULE 103) 14. Change of name
minors is involved. (Thornton v. Thornton, G.R. No. 154598, Grounds
16 Aug. 2004; Madriñan v. Madriñan, G.R. No. 159374, 12 July 1. Name is Ridiculous, tainted with
2007) dishonor, or extremely difficult to
E. CANCELLATION OR CORRECTION write or pronounce;
Requisites in Petitions for Habeas Corpus involving OF ENTRIES IN THE CIVIL REGISTRY 2. Change is a legal consequence of
Minors (R-W-B) (RULE 108) legitimation or adoption;
3. Change will Avoid confusion; 1. Petitioner finds the first name or
1. That the petitioner has the Right of custody over the 4. When one has continuously Used nickname to be ridiculous, tainted
minor; and been known since childhood by with dishonor, or extremely difficult
a Filipino name, and was unaware to write or pronounce;
of alien parentage; 2. The new first name or nickname has
Upon good and valid grounds.
5. Sincere desire to adopt Filipino been habitually and continuously used
F. CLERICAL ERROR LAW name to erase signs of former by petitioner and he has been publicly
(R.A. No. 9048, as amended by R.A. No. 10172) alienage, all in good faith and known by such name in the
without prejudicing anybody; or community; or
6. Surname causes Embarrassment 3. The change will avoid confusion.
DIFFERENCES UNDER RULE 103, R.A. NO. 9048, AND RULE 108 and there is no showing that the
desired change of name was for a
R.A. NO. 9048, fraudulent purpose or that the
RULE 103 AS AMENDED RULE 108 change of name would prejudice
BY R.A. NO. 10172 public interest.
Scope Where to file
Clerical or typographical errors; change
1. Local Civil Registry office where the
of first name or nickname, the day and
RTC of the province where the record is kept;
month in the date of birth or sex of a
petitioner resides at least at least three 2. Local Civil Registrar of the place RTC of city or province where the
Change of full name or surname person where it is patently clear that Correction of substantial errors or
(3) years prior to the filing of the where the interested party is corresponding civil registry is located.
(substantial corrections). there was a clerical or typographical cancellation of entries in the Civil
petition. presently residing or domiciled; or
(De Leon and Wilwayco, 2020) error or mistake in the entry, which can Registry.
3. Philippine Consulate.
be corrected or changed by the
concerned City or Municipal Civil
Where to Appeal, in case of Adverse Decision
Registrar or Consul General.
Nature CA under Rule 41in relation to Rule Civil Registrar General under Sec. 7 (Rule CA under Rule 41 in relation to Rule
Judicial; Hearing is necessary. 109 of the ROC. 14, IRR of RA 9048) or CA under Rule 43. 109 of the ROC.
Adversarial because it involves
Judicial; Hearing is necessary. Administrative; Hearing is not necessary.
substantial errors and affects the status Who may file
of an individual. Petition is filed by the person of legal age
Initiatory Pleading who must have a direct and personal
Verified petition. Sworn affidavit. Verified petition. interest in the correction:
Any person interested in the act,
Coverage
Filed by the person desiring to change 1. Owner of the record; event, decree, or order concerning the
1. Correction of clerical or 1. Births;
his name. 2. Owner’s spouse, children, parents, civil status of persons, which has been
typographical errors in civil 1. Correction of clerical or 2. Marriages;
brothers, sisters, grandparents, recorded in the civil register.
registry documents, EXCEPT typographical errors in the civil 3. Deaths;
guardian; or
corrections involving the change in registry, INCLUDING correction of 4. Legal separations;
3. Anyone authorized by law or owner
sex, age, nationality, and status of a date of birth and sex; and 5. Judgments of annulments of
of the record.
person; and 2. Change of a person’s first name or marriage;
Who must be notified
2. Change of a person’s first name or nickname in his or her civil registry. 6. Judgments declaring marriages
Interested parties/Solicitor General need Civil registrar is impleaded as
nickname in his or her civil registry. void from the beginning; Solicitor General/Interested parties.
not be notified. respondent; Solicitor General/

Interested parties. Illegitimate Child may now use Father’s Surname name be changed from Jennifer to Jeff. Rule on the
petition.
Notice and Publication R.A. No. 9255, effective 19 Mar. 2004, amended Art. 176 of
the Family Code allowing the illegitimate child to use the A: CAH is one of many conditions that involve intersex
Order for hearing in case of change of
surname of the father if the latter expressly recognized anatomy. During the twentieth century, medicine adopted
first name or nickname, the day and Order for hearing shall be published
Order for hearing shall be published filiation in a record of birth. the term “intersexuality” to apply to human beings who
month in the date of birth or sex of a once a week for three (3) consecutive
once a week for three (3) consecutive cannot be classified as either male or female. Where the
person where it is patently clear that weeks in a newspaper of general
weeks in a newspaper of general This modifies Leonardo v. CA (G.R. No. 125329, 10 Sept. person is biologically or naturally intersex the determining
there was a clerical or typographical circulation (notice of hearing). (2007
circulation (notice of hearing). 2003) disallowing an illegitimate child the right to use factor in his gender classification would be what the
error or mistake shall be published once BAR)
his/her father’s name. (Republic v. CA, G.R. No. 88202, 14 individual, like respondent, having reached the age of
a week for two (2) consecutive weeks.
Dec. 1998) majority, with good reason thinks of his/her sex. Sexual
development in cases of intersex persons makes the gender
NOTE: This rule is subject to the requirement that filiation classification at birth inconclusive. It is at maturity that the
has been expressly recognized by the father through: gender of such persons is fixed.
1. Record of birth appearing in the civil register; A change of name is not a matter of right but of judicial
2. When an admission in a public document is made by the discretion, to be exercised in the light of the reasons
father; and adduced and the consequences that will follow. The trial
3. When an admission in a private handwritten court’s grant of respondent’s change of name from Jennifer
instrument is made by the father. (De Leon & Wilwayco, to Jeff implies a change of a feminine name to a masculine
2020) name.
A Person’s First Name cannot be Changed on the Here, it is noteworthy to emphasize that respondent has
Ground of Sex Reassignment simply let nature take its course and has not taken
unnatural steps to arrest or interfere with what he was born
Q: Petitioner sought to have his name in his birth with. To him belongs the human right to the pursuit of
certificate changed from “Rommel Jacinto” to “Mely,” happiness and of health. Thus, to him should belong the
and his sex from “male” to “female.” Petitioner’s basis primordial choice of what courses of action to take along the
in praying for the change of his first name was his sex path of his sexual development and maturation. (Republic v.
reassignment. He intended to make his first name Cagandahan, G.R. No. 166676, 12 Sept. 2008)
compatible with the sex he thought he transformed
himself into through surgery. Can a person’s first name Q: Who may oppose the petition?
be changed on the ground of sex reassignment?
A: Any interested person or the Republic of the Philippines
A: NO. A change of name does not alter one’s legal capacity through the Solicitor General or the proper provincial or
or civil status. R.A. No. 9048 does not sanction a change of city prosecutor (Sec. 4, Rule 103, ROC, as amended)
first name on the ground of sex reassignment. Rather than
avoiding confusion, changing petitioner’s first name for his
declared purpose may only create grave complications in G. WRIT OF AMPARO
the civil registry and the public interest. Also, there is no (A.M. No. 07-9-12-SC)
such special law in the Philippines governing sex
reassignment and its effects. In our system of government,
it is for the legislature, should it choose to do so, to State Participation as Indispensable Requirement
determine what guidelines should govern the recognition of
the effects of sex reassignment. (Silverio v. Republic, G.R. No. For the protective writ of amparo to issue, allegation and
174689, 22 Oct. 2007) proof that the persons subject thereof are missing are not
enough. It must also be shown and proved by substantial
Where Change of Name Allowed Arising from Change of evidence that the disappearance was carried out by, or with
Gender the authorization, support or acquiescence of, the State or a
political organization, followed by a refusal to acknowledge
Q: Jennifer was born on Jan. 13, 1981 and was the same or give information on the fate or whereabouts of
registered as a female in the Certificate of Live Birth but said missing persons, with the intention of removing them
while growing up, she developed secondary male from the protection of the law for a prolonged period of
characteristics and was diagnosed to have Congenital time. Simply put, the petitioner in an amparo case has the
Adrenal Hyperplasia (CAH) which is a condition where burden of proving by substantial evidence the
persons thus afflicted possess both male and female indispensable element of government participation. (Navia,
characteristics. Jennifer filed a Petition for Correction et al. v. Pardico, G.R. No. 184467, 19 June 2012, as cited in the
of Entries in Birth Certificate before the RTC, praying dissenting opinion of J. Hernando in Sanchez v. Darroca G.R.
that her birth certificate be corrected such that her No. 242257, 15 June 2021)
gender be changed from female to male and her first

When Writ NOT Available 2. WRIT OF CONTINUING MANDAMUS
H. WRIT OF HABEAS DATA I. RULES OF PROCEDURE
1. For protection of a property or commercial right (A.M. No. 08-1-16-SC) FOR ENVIRONMENTAL CASES
3. WRIT OF KALIKASAN
(A.M. No. 09-6-8-SC)
NOTE: The rule is the same with respect to habeas data.
Writ of Kalikasan vs. Writ of Continuing Mandamus
Reliefs Granted by the Court
The threatened demolition of a dwelling by virtue of a (2019 BAR)
Strategic Lawsuit Against Public Participation (SLAPP)
final judgment of the court is not included among the If the allegations in the petition are proven through
enumeration of rights for which the remedy of a writ of A legal action filed to harass, vex, exert undue pressure or WRIT OF KALIKASAN WRIT OF CONTINUING
substantial evidence, then the Court may:
amparo is made available. Their claim to dwelling, stifle any legal recourse that any person, institution or the MANDAMUS
assuming they still have any despite the final and government has taken or may take in the enforcement of Subject Matter
1. Grant access to the database or information;
executory judgment adverse to them, does not environmental laws, protection of the environment or Unlawful neglect in the
2. Enjoin the act complained of; or
constitute right to life, liberty and security. assertion of environmental rights shall be treated as a performance of an act which
3. In case the database or information contains erroneous
SLAPP and shall be governed by these Rules. (Sec. 1, Rule 6, the law specifically enjoins
data or information, order its deletion, destruction, or
2. In a labor dispute – Employment constitutes a A.M. No. 09-6-8-SC) as a duty resulting from an
rectification. (Rodriguez v. Arroyo, G.R. No. 191805, 15
property right under the context of the due process office, trust or station in
Nov. 2011) An unlawful act or
clause of the Constitution and does not constitute an connection with the
1. TEMPORARY ENVIRONMENTAL PROTECTION omission of a public
unlawful violation of the right to life, liberty, or security. enforcement or violation of
Contents of the Petition ORDER (TEPO) official or employee, or
(Meralco v Lim, G.R. No. 184769, 05 Oct. 2010) an environmental law rule
private individual or,
or regulation, or a right
A verified petition for a writ of habeas data should contain Environmental Protection Order entity, of such magnitude
3. For protection of right to travel – A person’s right to therein.
the following: (P-M-L-A-R-O) as to prejudice the life,
travel is subject to the usual constraints imposed by the It is an order issued by the court directing or enjoining any health, or property of
very necessity of safeguarding the system of justice. In The unlawful exclusion of
a. The Personal circumstances of the petitioner and the person or government agency to perform or desist from inhabitants in two or
such cases, whether the accused should be permitted to another from the use or
respondent; performing an act in order to protect, preserve or more cities or provinces.
leave the jurisdiction for humanitarian reasons is a enjoyment of such right and
b. The Manner the right to privacy is violated or rehabilitate the environment. (Sec. 4(d), Rule 1, A.M. No. 09- (Sec. 1, Rule 7)
matter of the court’s sound discretion. (Marcos v. both instances, there is no
threatened and how it affects the right to life, liberty or 6-8-SC)
Sandiganbayan, G.R. Nos. 115132-34, 09 Aug. 1995) other plain, speedy and
security of the aggrieved party;
adequate remedy in the
c. The Location of the files, registers or databases, the Issuance of a Temporary Environmental Protection
4. Inclusion of name in the Order of Battle – Mere ordinary course of law. (Sec.
government office, and the person in charge, in Order (TEPO)
inclusion in the military’s order of battle which is not 1, Rule 8)
possession or in control of the data or information, if
supported by independent and credible evidence known; Who may file
If it appears from the verified complaint with a prayer for
stands on nebulous grounds. The liberality accorded to d. The Actions and recourses taken by the petitioner to the issuance of a TEPO that the matter is of extreme urgency One who is personally One who is personally
amparo cases does not mean that a claimant is secure the data or information; and the applicant will suffer grave injustice and irreparable aggrieved. (Sec. 1, Rule 7) aggrieved by the unlawful
dispensed with the onus of proving his case. (Saez v. e. The Reliefs prayed for, which may include the updating, injury, the executive judge of the multiple-sala court before act or omission. (Sec. 1, Rule
Macapagal Arroyo, G.R. No. 183533, 25 Sept. 2012) rectification, suppression or destruction of the raffle or the presiding judge of a single-sala court as the case 8)
database or information or files kept by the respondent. maybe, may issue ex parte a TEPO effective for only 72 Respondent
NOTE: The rule is the same with respect to habeas data. In case of threats, the relief may include a prayer for an hours from date of the receipt of the TEPO by the party or Public or private entity or Government and its officers.
order enjoining the act complained of; and person enjoined. (Sec. 8, Rule 2, A.M. No. 09-6-8-SC) individual. (Sec. 1, Rule 7) (ibid.) (Sec. 1, Rule 8)
Contents of the Petition (P-R-I-A-R-O) f. Such Other relevant reliefs as are just and equitable Exemption from Docket Fees
(Sec. 6, A.M. No. 08-1-16-SC) NOTE: Within said period, the court where the case is Exempted. (Sec. 4, Rule
1. Personal circumstances of the petitioner and of assigned, shall conduct a summary hearing to determine Exempted. (Sec. 3, Rule 8)
7)
respondent responsible for the threat, act or omission; NOTE: Sec. 6 of the Rule on the Writ of Habeas Data requires whether the TEPO may be extended until the termination of
Venue
material allegations of ultimate facts in a petition for the the case. The court where the case is assigned shall
2. Violated or threatened Right to life, liberty or security SC, CA and RTC that has
issuance of a writ of habeas data. periodically monitor the existence of acts that are the
of the party aggrieved. Stating in detail the jurisdiction over the
subject matter of the TEPO even if issued by the executive
circumstances; territory where the
Instances when Petition may be Heard in Chambers judge and may lift the same at any time as circumstances SC and CA. (Sec. 3, Rule 7)
actionable neglect or
may warrant. (Sec. 8, Rule 2, A.M. No. 09-6-8-SC)
3. Specify the names, personal circumstances of the omission occurred. (Sec. 2,
Hearing in chambers may be conducted where respondent
Investigating authority or individuals, as well as the Rule 8)
invokes the defense that the release of the data or Dissolution of TEPO
manner and conduct of investigation; Discovery Measures
information shall compromise:
Ocular inspection order.
The TEPO may be dissolved if it appears after hearing that
4. Actions and recourses taken by the petitioner to 1. National security; its issuance or continuance would cause irreparable None.
determine the whereabouts of aggrieved party and 2. State secrets; and Production order. (Sec.
damage to the party or person enjoined while the applicant
identity of the person responsible for the threat, act or 3. When the data or information cannot be divulged to the 12, Rule 7)
may be fully compensated for such damages as he may
omission; public due its nature or privileged character. (Sec. 12, Damages for Personal Injury
suffer and subject to the posting of a sufficient bond by the
A.M. No. 08-1-16-SC) party or person enjoined. (Sec. 8, Rule 2, A.M. No. 09-6-8-SC) None; the party must Allow damages for malicious
5. The Relief prayed for; and institute a separate neglect of the performance
action for the recovery of of the legal duty of the
6. A general prayer for Other just and equitable reliefs damages. (Sec. 15, Rule 7) respondent. (Sec. 1, Rule 8)
may be included. (Sec. 5, A.M. No. 07-9-12-SC)

15(a), Rule 110, ROC, as amended; Foz, Jr. v. People, G.R. No. AMENDMENT OR SUBSTITUTION
VII. CRIMINAL PROCEDURE 167764, 09 Oct. 2009; Brodeth v. People, G.R. No. 197849, 29 B. PROSECUTION OF OFFENSES OF COMPLAINT OR INFORMATION
Nov. 2017) (RULE 110)
Procedure for Amendment
Stated otherwise, in criminal cases, venue is jurisdictional.
(Pilipinas Shell Petroleum Corporation v. Romars CRIMINAL ACTIONS, HOW INSTITUTED KIND
A. GENERAL CONCEPTS HOW AMENDMENT
International Gases Corporation, G.R. No. 189669, 16 Feb. OF AMENDMENT
IS MADE
2015) Criminal actions are instituted by: TO BE MADE
Before plea
1. CRIMINAL JURISDICTION; 2. WHEN INJUNCTION MAY BE FILED 1. Where preliminary investigation is required – filing 1. Formal amendment;
CONCEPT AND REQUISITES FOR EXERCISE the complaint with the proper officer for the purpose of or
Without leave of court
When Injunction may be Issued to Restrain Criminal conducting the requisite preliminary investigation; or 2. Substantial
1. Jurisdiction over the subject matter; Prosecution (1999 BAR) amendment.
2. Jurisdiction over the territory; and 2. For all other offenses – filing the complaint or Substantial amendment
3. Jurisdiction over the person of the accused. GR: The long-standing doctrine that writs of injunction or information directly with the MTC and MCTC, or the which:
1. Upon a motion by the
prohibition will not lie to restrain a criminal prosecution for complaint with the office of the prosecutor. (Sec. 1, Rule a. Downgrades the nature
prosecutor;
Jurisdiction over the Subject Matter vs. Jurisdiction the reason that public interest requires that criminal acts be 110, ROC, as amended) of the offense charged;
2. With notice to the
over the Person of the Accused immediately investigated and prosecuted for the protection or
accused; and
of society. (Domingo v. Sandiganbayan, G.R. No. 109376, 20 Effect of Institution of a Criminal Action b. Excludes any accused
3. With leave of court.
JURISDICTION OVER Jan. 2000) from the complaint or
JURISDICTION OVER THE
THE PERSON OF GR: It interrupts the running of the period of prescription information.
SUBJECT MATTER
THE ACCUSED XPNs: of the offense charged. (Sec. 1, Rule 110, ROC, as amended) After plea and during the trial
As to Definition 1. With leave of court; and
The authority of the court 1. To prevent the use of the strong arm of the law in an XPN: When a different rule is provided for in special laws. 2. Without causing
to hear and determine a oppressive and vindictive manner; (Ibid.) Formal Amendment prejudice to the rights of
particular criminal case. The authority of the court 2. To afford adequate protection to constitutional rights; Who may File them, Crimes that cannot be Prosecuted the accused. (Sec. 14, Rule
This simply means over the person charged. (Ibid.) de Officio 110, ROC, as amended)
jurisdiction over the 3. For the orderly administration of justice; (Hernandez GR: Not allowed
offense charged. v. Albano, G.R. No. 19272, 25 Jan. 1967); GR: All criminal actions initiated by complaint or
4. To avoid multiplicity of actions; (Ibid.) information are filed by the prosecutor. XPN: If the amendment is
As to Requisites Substantial Amendment
5. In proper cases, because the statute relied upon is beneficial to the accused.
Requires that the person XPNs: Offenses or crimes that cannot be prosecuted de (Riano, 2019 citing Ricarze
unconstitutional, or was held invalid; (Ibid.)
be brought into its forum officio. v. CA, 515 SCRA 302)
6. When the acts of the officer are without or in excess of
by:
authority; (Planas v. Gil, G.R. No. L-46440, 18 Jan. 1939)
7. When the court has no jurisdiction over the offense; These are crimes or offenses which cannot be prosecuted Venue for the Institution of Criminal Actions
1. Arrest, with or without except on complaint filed by the offended party or, if the
(Lopez v. City Judge, G.R. No. L-25795, 29 Oct. 1966)
a warrant; or offended party is a minor, by the parents, grandparents or GR: Subject to existing laws, criminal action shall be
8. When there is a prejudicial question which is sub
judice (before a court or judge for consideration); the guardian. These crimes are: instituted and tried in the court of the municipality or
2. GR: Voluntary territory where the offense was committed or any of its
9. Where the prosecution is under an invalid law,
Mandates that the offense submission to the 1. Adultery and concubinage; essential ingredients occurred. (Sec. 15(a), Rule 110, ROC, as
ordinance or regulation;
is one which the court is, by jurisdiction of the 2. Seduction, abduction and acts of lasciviousness; and amended)
10. When double jeopardy is clearly apparent;
law, authorized to take court. 3. Criminal actions for defamation imputing the
11. Where it is a case of persecution rather than
cognizance of. abovementioned offenses. (Sec. 5, Rule 110, ROC, as NOTE: Venue is a jurisdictional matter. The court cannot
prosecution;
XPN: Making special amended) exercise jurisdiction over a person charged with an offense
12. Where the charges are manifestly false and motivated
appearance in court to committed outside its limited territory. (Riano, 2019)
by lust for vengeance; and
question the NOTE: These crimes are known as private crimes (which
13. Where there is clearly no prima facie case against the
jurisdiction of the court means that these crimes cannot be prosecuted except upon XPNs:
accused and a motion to quash on that ground has
over the person of the the complaint initiated by the offended party). (Art. 344,
been denied.
accused. (Miranda v. RPC) 1. An offense was committed on a railroad train, in an
Tuliao, G.R. No. 158763, aircraft, or in any other public or private vehicle in
31 Mar. 2006) the course of trip – The criminal action may be
instituted and tried in the court of any municipality or
Jurisdiction over the Territory territory where such train, aircraft or other vehicle
passed during such trip, including the place of
Venue in criminal cases is an essential element of departure and arrival; (Sec. 15(b), Rule 110, ROC, as
jurisdiction. Hence, for jurisdiction to be acquired by a court amended)
in a criminal case, the offense should have been committed
or any one of its essential ingredients should have taken 2. Where the offense is committed on board a vessel on
place within the territorial jurisdiction of the court. It is in its voyage – The criminal action may be instituted and
that court where the criminal action shall be instituted. (Sec. tried in the proper court of the first port of entry or of

any municipality or territory through which the vessel the place where the act was committed but where the PREJUDICIAL QUESTION Effect when there is no Prior Written Authority or
passed during such voyage subject to the generally court actually sits in Quezon City. Approval of the Provincial or City Prosecutor or the
accepted principles of international law; (Sec. 15(c), Elements of a Prejudicial Question Ombudsman or his deputy
C. PROSECUTION OF CIVIL ACTION 1. The civil action must be instituted prior to the criminal Complaints or information filed before the courts without
3. Felonies under Art. 2 of the RPC – Shall be cognizable (RULE 111) action; the prior written authority or approval of the foregoing
by the proper court where the criminal action was first 2. The civil action involves an issue similar or intimately authorized officers renders the same defective and,
filed; (Sec. 15(d), Rule 110, ROC, as amended) related to the issue raised in the subsequent criminal therefore, subject to quashal pursuant to Sec. 3(d), Rule 117
Rule on Implied Institution of Civil Action with Criminal action; and of the Revised Rules on Criminal Procedure. (Quisay v. People,
4. Continuous or transitory crimes – Such offenses may Action 3. The resolution of such issue determines whether or not G.R. No. 216920, 13 Jan. 2016)
be tried by the court of any jurisdiction wherever the the criminal action may proceed. (Sec. 7, Rule 111, ROC,
offender may be found, but the complainant should GR: The institution or filing of the criminal action includes as amended) When Preliminary Investigation is Required
allege that the offense was committed within the the institution therein of the civil action for recovery of civil
jurisdiction of the court; (Herrera, 2007) liability arising from the offense charged. Void ab initio Marriage is a Valid Defense in the GR: Before the filing of a complaint or information for an
Prosecution for Bigamy even without a Judicial offense where the penalty prescribed by law is
5. Piracy – The venue of piracy, unlike all other crimes, XPNs: When the offended party: Declaration of Absolute Nullity imprisonment of at least 4 years, 2 months and 1 day
has no territorial limits. It is triable anywhere; without regard to the imposable fine. (Sec. 1, Rule 112, ROC,
1. Waives the civil action; A void ab initio marriage is a valid defense in the as amended)
6. Libel – The action may be instituted at the election of 2. Reserves his right to file a separate civil action; or prosecution for bigamy even without a judicial declaration
the offended or suing party in the municipality or city 3. Institutes a civil action prior to the criminal action. (Sec. of absolute nullity. Consequently, a judicial declaration of XPNs:
where: 1, Rule 111, ROC, as amended) absolute nullity of either the first and second marriages
obtained by the accused is considered a valid defense in 1. Where an information or complaint is filed pursuant to
a. The libelous article is printed and first published; Instances when the Reservation to file a Separate Civil bigamy. Thus, when both the prior and subsequent Sec. 7, Rule 112 of the Rules of Court, i.e., the complaint
b. If one of the offended parties is a private individual, Action is NOT Allowed marriages were contracted prior to the effectivity of the or information is filed directly in court (Ibid.); or
where said private individual actually resides at Family Code, a void ab initio marriage can be raised as a 2. For cases requiring preliminary investigation, when a
the time of the commission of the offense; or 1. Criminal action for violation of BP 22; (Sec. 1(b), defense in a bigamy case even without a judicial declaration person is lawfully arrested without a warrant provided
c. If the offended party is a public official, where the Rule 111, ROC, as amended) of its nullity. Nonetheless, an action for nullity of the second that inquest was made in accordance with Rule 112.
latter holds office at the time of the commission of 2. A claim arising from an offense which is cognizable marriage is a prejudicial question to the criminal (Sec. 6, Rule 112, ROC, as amended)
the offense. by the Sandiganbayan; and (Herrera, 2007) prosecution for bigamy. (Pulido v. People of the Philippines,
3. Tax cases. (Sec. 7(b)(1), R.A. No. 9282) G.R. No. 220149, 27 July 2021, J. Hernando)
7. B.P. 22 cases – The criminal action shall be filed at the E. ARREST
place where the check was drawn, issued, delivered, or Instances when Civil Actions may proceed (RULE 113)
dishonored. In case of crossed check, the place of the D. PRELIMINARY INVESTIGATION
Independently (2010, 2005 BAR)
depositary or the collecting bank; (RULE 112)
1. Arising from breach of contract; and How Arrest is made

8. Perjury – The criminal action may be instituted at the 2. Independent civil actions or those based on Arts. 32, 33,
place where the testimony under oath is given or where 34, and Art. 2176 of the NCC or quasi-delict. (Herrera, 1. EXECUTIVE vs. JUDICIAL DETERMINATION 1. By an actual restraint of a person to be arrested; or
the statement is submitted, since both are material 2007) OF PROBABLE CAUSE 2. By his submission to the custody of the person making
ingredients of the crime committed; (Union Bank v. the arrest. (Sec. 2, Rule 113, ROC, as amended)
People, G.R. No. 192562, 28 Feb. 2012) Extinguishment of Criminal Liability There are two kinds of determination of probable cause:
executive and judicial.
1. ARREST WITHOUT WARRANT,
9. Violation of Sec. 9 of Migrant Worker and Oversees GR: The extinction of the penal action does not extinguish WHEN LAWFUL
Filipino Act of 1995 – It shall be filed not only in RTC the civil action. 1. The executive determination of probable cause is one
where the offense was committed but it may also be made during preliminary investigation. It is a function
Instances of a Valid Warrantless Arrest
filed where the offended party actually resides at the XPN: When there is a finding in a final judgment in the that properly pertains to the public prosecutor who is
time of the commission of the offense. The first court to criminal action that the act or omission from which the civil given a broad discretion to determine whether
1. In flagrante delicto arrest;
acquire jurisdiction excludes others; liability might arise did not exist. (Sec. 2, Rule 111, ROC, as probable cause exists and to charge those whom he
2. Doctrine of hot pursuit;
amended) believes to have committed the crime as defined by law
3. Escapee; (Sec. 5, Rule 113, ROC, as amended) and
10. Art. 315(2)(d) of the RPC – It may be instituted at the and thus should be held for trial.
4. Other lawful warrantless arrests:
place where the deceit or damage may arise; NOTE: The civil action that is extinguished refers a. When a person previously and lawfully arrested,
exclusively to civil liability arising from the crime and does 2. The judicial determination of probable cause is one
escapes or is rescued, any person may
11. Where the Supreme Court, pursuant to its not include civil actions: made by the judge to ascertain whether a warrant of
immediately pursue or retake him without a
constitutional powers orders a change of venue or place arrest should be issued against the accused. The judge
warrant at any time and in any place within the
of trial to avoid a miscarriage of justice; (Sec. 5(4), Art. 1. Based on quasi-delict; must satisfy himself that based on the evidence
Philippines; (Sec 13, Rule 113, ROC, as amended)
VIII, 1987 Constitution of the Philippines) 2. Based on Arts. 32, 33 and 34 of the NCC (independent submitted, there is necessity for placing the accused
civil actions); and under custody in order not to frustrate the ends of
b. When an accused released on bail attempts to
12. Cases cognizable by Sandiganbayan – Where the case 3. Civil obligation not based on the criminal offense. justice. If the judge finds no probable cause, the judge
depart from the Philippines without permission of
is cognizable by the Sandiganbayan, the jurisdiction of (Herrera, 2007) cannot be forced to issue the arrest warrant. (Reyes v.
the court where the case is pending; (Sec 23, Rule
which depends upon the nature of the offense and the The Honorable Ombudsman, G.R. Nos. 212593-94, 15
114, ROC, as amended) and
position of the accused. The offense need not be tried in Mar. 2016)

c. For the purpose of surrendering the accused, the NOTE: There must be compliance with the element of BY PRIVATE PERSON (2017 BAR)
bondsmen may arrest him or upon written immediacy between the time of the commission of the F. BAIL
authority endorsed on a certified copy of the crime and the time of arrest. (People v. Salvatiera, G.R. Instances when a Private Person may make an Arrest (RULE 114)
undertaking, cause him to be arrested by a police No. 104663, 24 July 1997) (2004, 1999 BAR)
officer or any other person of suitable age and
discretion. (Sec 23, Rule 114, ROC, as amended) Personal Knowledge (2016 BAR) 1. When, in his presence, the person to be arrested has
1. NATURE
committed, is actually committing, or is attempting to
BY OFFICER WITHOUT WARRANT (2017 BAR) “Personal knowledge of the facts and circumstances that the commit an offense (in flagrante delicto);
Bail shall be Filed:
person to be arrested committed it” means personal
GR: No peace officer or person has the power or authority knowledge not of the commission of the crime itself but of 2. When an offense has just been committed and he has
1. In the court where the case is pending;
to arrest anyone without a warrant except in those cases facts and circumstances which would lead to the conclusion probable cause to believe based on personal knowledge
expressly authorized by law. (Umil v. Ramos, G.R. No. 81567, that the person to be arrested has probably committed the of facts or circumstances that the person to be arrested
2. In the absence or unavailability of the judge thereof,
03 Oct. 1991) crime. Such personal knowledge arises from reasonably has committed it (hot pursuit); and
with any RTC judge, MTC judge, or MCTC judge in the
worthy information in the arresting person’s possession
province, city, or municipality;
XPNs: coupled with his own observation and fair inferences 3. When the person to be arrested is a prisoner who has
therefrom that the person arrested has probably committed escaped from a penal establishment or place where he
3. If the accused is arrested in a province, city, or
1. In flagrante delicto arrest – When, in his presence, the the offense. (People v. Del Rosario, G.R. No. 127755, 14 Apr. is serving final judgment or is temporarily confined
municipality other than where the case is pending, bail
person to be arrested has committed, is actually 1999) while his case is pending or has escaped while being
may also be filed with any RTC of said place, or if no
committing, or is attempting to commit an offense; (Sec. transferred from one confinement to another.
judge thereof is available, with any MTC judge, MCTC
5(a), Rule 113, ROC, as amended) NOTE: Personal gathering of information is different from
therein; (Sec. 17(a), Rule 114, ROC, as amended)
personal knowledge. The rule requires that the arrest 2. REQUISITES OF A VALID
Elements of in flagrante delicto arrest are: immediately follows the commission of the offense. (People WARRANT OF ARREST
NOTE: When bail is filed with a court other than where
v. Manlulu, G.R. No. 102140, 22 Apr. 1994)
the case is pending, the judge who accepted the bail
a. The person arrested must execute an overt act Essential requisites of a valid warrant of arrest shall forward it, together with the order of release and
indicating that he has just committed, is actually 3. Evasion of service of sentence by prisoner – When the
other supporting papers, to the court where the case is
committing, or is attempting to commit a crime; person to be arrested is a prisoner who has escaped 1. Issued upon probable cause; pending. (Sec. 19, Rule 114, ROC, as amended)
and from a penal establishment or place where he is serving
b. Such overt act is done in the presence or within the final judgment or is temporarily confined while his case 2. Probable cause is to be determined personally by the 4. Any person in custody who is not yet charged in court
view of the arresting officer. is pending, or has escaped while being transferred from judge after examination under oath of the complainant may apply for bail with any court in the province, city,
one confinement to another; (Sec. 5(c), Rule 113, ROC, as and the witnesses he may produce; or municipality where he is held; (Sec. 17(c), Rule 114,
NOTE: Reliable information provided by police amended)
ROC, as amended) or
assets alone is not sufficient to justify a warrantless 3. The judge must personally evaluate the report of the
arrest. There must be independent circumstances 4. Where a person who has been lawfully arrested prosecutor and the evidence adduced during the 5. Where the grant of bail is a matter of discretion, or the
perceivable by the arresting officers suggesting escapes or is rescued; (Sec. 13, Rule 113, ROC, as preliminary examination; (Soliven v. Makasiar, G.R. No. accused seeks to be released on recognizance, the
that a criminal offense is being committed to amended) L-82585, 14 Nov. 1988) application may only be filed in the court where the
comply with the exacting requirements of Rule
case is pending, on trial or appeal. (Sec. 17(b), Rule 114,
113, Section 5 of the Rules of Court. An accused 5. By the bondsman for the purpose of surrendering the 4. The warrant must particularly describe the person to as amended by A.M. No. 05-8-26-SC, 03 Oct. 2005)
must perform some overt act within plain view of accused; (Sec. 23, Rule 114, ROC, as amended) be arrested; and
the police officers indicating that she or he has just
Forms of Bail
committed, is actually committing, or is attempting 6. Where the accused out on bail attempts to leave the 5. It must be in connection with specific offense or crime.
to commit a crime. (Villasana v. People, G.R. No. country without permission of the court; (Sec. 23, Rule
1. Corporate surety/ Bail bond
209078, 04 Sept. 2019) 114, ROC, as amended) and
3. DETERMINATION OF PROBABLE CAUSE 2. Property bond
FOR ISSUANCE OF WARRANT OF ARREST 3. Cash deposit or cash bond
2. Hot pursuit arrest – When an offense has been 7. Buy-bust Operation – A buy-bust operation is a form of
4. Recognizance
committed and he has probable cause to believe based entrapment, in which the violator is caught in flagrante
Probable Cause to be Determined Personally by the
on personal knowledge of facts and circumstances that delicto and the police officers conducting the operation
Judge 2. WHEN A MATTER OF RIGHT; EXCEPTIONS
the person to be arrested has committed it; (Sec. 5(b), are not only authorized but duty-bound to apprehend
Rule 113, ROC, as amended) the violator and to search him for anything that may
Under Sec. 2, Art. III of the 1987 Constitution, no warrant of
have been part of or used in the commission of the Bail as a Matter of Right
arrest shall issue except upon probable cause “to be
Elements of hot pursuit arrest are: crime.
determined personally by the judge after examination
1. Before or after conviction by the MeTC, MTC, MTCC or
under oath or affirmation of the complainant and the
a. An offense has been committed and there is close NOTE: A warrant of arrest need not be issued if the MCTC;
witnesses he may produce.” This constitutional provision
proximity between the arrest and the time of information or charge was filed for an offense penalized by
does not mandatorily require the judge to personally examine
commission of the crime; (Pamaran, 2007) a fine only. (Sec. 5(c), Rule 112, ROC, as amended; Luz v. 2. Before conviction by the RTC of an offense not
the complainant and her witnesses. Instead, he or she may
b. The offense has just been committed; and People of the Philippines, G.R. No. 197788, 29 Feb. 2012) punishable by death, reclusion perpetua or life
opt to personally evaluate the report and supporting
c. Probable cause based on personal knowledge on imprisonment; (Sec. 4, Rule 114, ROC, as amended) and
documents submitted by the prosecutor or he or she may
the part of the person making the arrest, of facts or
disregard the prosecutor’s report and require the
circumstances that the person/s to be arrested 3. Before final conviction by all children in conflict with
submission of supporting affidavits of witnesses. (AAA v.
committed it. (Herrera, 2007) the law for an offense not punishable by reclusion
Carbonell, G.R. No. 171465, 08 June 2007)
perpetua or life imprisonment.

3. WHEN A MATTER OF DISCRETION complaint or information is filed in court, he may apply 1. The accused appears to be suffering from an unsound a plea of not guilt shall be entered for him; (Sec. 1(d),
for bail. (Sec. 6, Rule 112, ROC, as amended) mental condition which effectively renders him unable Rule 116, ROC, as amended) or
Bail as a Matter of Discretion (2017 BAR) to fully understand the charge against him and to plead
2. The court may require a witness to post bail if he is a intelligently thereto; 5. When the plea is indefinite or ambiguous.
1. Upon conviction by the RTC of an offense not material witness and bail is needed to secure his
punishable by death, reclusion perpetua or life appearance. When the court is satisfied, upon proof or 2. There exists a valid prejudicial question; NOTE: A plea of guilty shall be definite, unambiguous, and
imprisonment; oath, that a material witness will not testify when absolute, otherwise, it shall be considered as a plea of not
required, it may, upon motion of either party, order the 3. A petition for review of the resolution of the prosecutor guilty.
witness to post bail in such sum as may be deemed is pending at the Department of Justice or the Office of
2. Regardless of the stage of the criminal prosecution, a
proper. Upon refusal to post bail, the court shall commit the President (Sec. 11, Rule 116, ROC, as amended); and Q: May the accused enter a plea of guilty to a lower
person charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment, him to prison until he complies or is legally discharged offense?
after his testimony is taken. (Sec. 14, Rule 119, ROC, as 4. There are pending incidents such as:
when evidence of guilt is not strong; (Sec. 7, Rule 114,
amended) a. Motion to Quash; A: YES.
ROC, as amended) and
b. Motion for Inhibition; or
c. Motion for Bill of Particulars. 1. During arraignment
3. A child in conflict with the law charged with an offense
punishable by death, reclusion perpetua or life G. ARRAIGNMENT AND PLEA
(RULE 116) NOTE: The period of suspension shall not exceed sixty (60) a. If the offended party is present, the latter must
imprisonment when evidence of guilt is not strong. (Sec.
days counted from the filing of the petition with the consent with the prosecutor to the plea; and
28, A.M. No. 02-1-18-SC)
reviewing office. (Sec. 11, Rule 116, ROC, as amended) b. That the lesser offense is necessarily included in the
Remedy of the Accused when Bail is Discretionary ARRAIGNMENT offense charged.
PLEA
When bail is discretionary, the remedy of the accused is to Period of Arraignment 2. After arraignment but before trial, provided the
Requisites of a Voluntary Plea of Guilty following requisites are present:
file a petition for bail. Once a petition for bail is filed, the
court is mandated to set a hearing to give opportunity to the GR: Arraignment shall be made within 30 days from the
1. Spontaneous confession of guilt; a.The plea of guilty is withdrawn;
prosecution to prove that the evidence of guilt is strong. If date the court acquires jurisdiction over the person of the
2. It is made in open court; b.The plea of not guilty and the withdrawal of the
strong, the bail will be denied. If weak, the bail will be accused. (Sec. 1(g), Rule 116, ROC, as amended)
3. It is made prior to the presentation of evidence for previous guilty plea shall be made before trial;
granted.
prosecution; and c. The lesser offense is necessarily included in the
NOTE: The time of the pendency of a motion to quash or for
4. Confession of guilt was to the offense charged in the offense charged; and
Grounds for Denial of Bail if the Penalty Imposed by the a bill of particulars or other causes justifying suspension of
information. d. The plea must have the consent of the prosecutor
Trial Court exceeds 6 years the arraignment shall be excluded in computing the period.
and the offended party. (Sec. 2, Rule 116, ROC, as
Reception of Evidence in case the Accused Pleads Guilty amended)
If the penalty imposed by the trial court is imprisonment XPNs:
exceeding 6 years, the accused shall be denied bail, or his 3. During Pre-trial – Under Sec. 1(a), Rule 118, Plea-
The plea of guilty does not dispense with the presentation bargaining is one of the matters to be considered.
bail shall be cancelled upon showing by the prosecution, 1. When an accused is under preventive detention, his
of evidence as it is merely a secondary basis of the guilt of
with notice to the accused, of the following or other similar case should be raffled within 3 days from filing and
the accused. 4. After prosecution rests – Allowed only when the
circumstances: accused shall be arraigned within 10 days from receipt
by the judge of the records of the case (R.A. No. 8493, prosecution does not have sufficient evidence to
1. For non-capital offenses – the reception of evidence is establish guilt for the crime charged.
1. That he is a recidivist, quasi-recidivist, or habitual Speedy Trial Act);
merely discretionary on the part of the court. (Sec. 4,
delinquent, or has committed the crime aggravated by
Rule 116, ROC, as amended) If the information or Duty of the Court after the Accused pleads guilty to a
the circumstance of reiteration; 1. Where the complainant is about to depart from the
complaint is sufficient for the judge to render judgment Capital Offense
Philippines with no definite date of return, the accused
on a non-capital offense, he may do so.
2. That he previously escaped from legal confinement, should be arraigned without delay;
evaded sentence, or violated the conditions of his bail 2. Cases under R.A. No. 7610 (Child Abuse Act), the trial When the accused pleads guilty to a capital offense, the
2. For capital offense – the reception of evidence to prove court shall:
without valid justification; shall be commenced within 3 days from arraignment;
the guilt and degree of culpability of the accused is
mandatory in which case, the accused may present 1. Conduct a searching inquiry into the:
3. That he committed the offense while under probation, 3. Cases under R.A. No. 9165 (Dangerous Drugs Act); and
evidence in his behalf and the court shall conduct a
parole, or conditional pardon;
searching inquiry into the voluntariness and full a. Voluntariness of the plea; and
4. That the circumstances of his case indicate the 4. Cases under SC AO 104-96 i.e., heinous crimes,
comprehension of the consequences of his plea. (Sec. 3, b. Full comprehension of the consequences of the
probability of flight if released on bail; or violations of the Intellectual Property Rights law, these
Rule 116, ROC, as amended) plea;
cases must be tried continuously until terminated
5. That there is undue risk that he may commit another within 60 days from commencement of the trial and to
A plea of not guilty shall be entered: 2. Require the prosecution to prove guilt and the precise
crime during the pendency of the appeal. (Sec. 5, Rule be decided within 30 days from the submission of the
114, ROC, as amended) case. degree of his culpability; and
1. When the accused so pleaded;
2. When he refuses to plead; (Sec. 1(c), Rule 116, ROC, as 3. Ask the accused if he desires to present evidence in his
Bail may also be Availed under any of the Following Grounds for Suspension of Arraignment
amended) or behalf and allow him to do so if he desires.
Instances:
3. When he enters a conditional plea of guilty; (Sec. 1(c),
Upon motion by the proper party, the arraignment shall be
1. When a person lawfully arrested without a warrant suspended in the following cases:
4. Where after a plea of guilty but presents exculpatory
asks for a preliminary investigation before the
circumstances, his plea shall be deemed withdrawn and

1. SEARCHING INQUIRY process. (Galman v. Sandiganbayan, G.R. No. 72670, 12 Sept. and the accused move for a provisional dismissal of the
H. MOTION TO QUASH 1986) case;
Duty of the Judge in Conducting Searching Inquiry (RULE 117)
Elements of Double Jeopardy 2. The offended party is notified of the motion for a
The judge must convince himself that: provisional dismissal of the case;
1. Conviction or acquittal, or dismissal was made without
1. GROUNDS
1. The accused is entering the plea voluntarily and the consent of the accused; 3. The court issues an order granting the motion and
intelligently; 2. Conviction or acquittal, or dismissal was made by a dismissing the case provisionally; and
(F-O-P-A-C-M-E-L-D)
2. There exists a rational basis for finding of guilt based on court of competent jurisdiction;
accused’s testimony; and 3. A valid information sufficient in form and substance to 4. The public prosecutor is served with a copy of the order
1. The Facts charged do not constitute an offense;
3. Inform the accused of the exact length of imprisonment sustain a conviction of the crime charged; of provisional dismissal of the case. (People v. Lacson, et
2. Lack of jurisdiction over the Offense charged;
and the certainty that he will serve it in a national 4. Accused enters a valid plea; and al., G.R. No. 149453, 01 Apr. 2003)
3. Lack of jurisdiction over the Person of the accused;
penitentiary. 5. The subsequent prosecution is for an offense which is:
4. Lack of Authority of the officer to file information;
Reckoning Period of One- or Two-year Period for
5. When the complaint or information does not Conform
PEOPLE vs. PAGAL a. the same as in the former complaint or Revival of Criminal Case
substantially to the prescribed form;
G.R. No. 241257, 29 Sept. 2020 information;
6. Multiplicity of offenses charged;
b. frustration of; or The one- or two-year period allowed for reviving a criminal
7. Extinction of criminal action or liability;
Essence of Conduct of Searching Inquiry c. for any offense which is necessarily included in the case that has been provisionally dismissed shall be
8. The complaint or information contains averments,
offense charged in the former complaint or reckoned from the issuance of the order of dismissal. The
which if true, would constitute a Legal excuse or
The searching inquiry requirement means more than information. dismissal shall become automatically permanent if the case
justification; or
informing cursorily the accused that he faces a jail term but is not revived within the required period. Such permanent
9. Double Jeopardy
also, the exact length of imprisonment under the law and Doctrine of Supervening Fact dismissal shall amount to an adjudication of the case on the
the certainty that he will serve time at the national merits. (Sec. 14, A.M. No. 12-11-2-SC)
NOTE: The enumeration is exclusive.
penitentiary or a penal colony. The searching inquiry of the Where after the first prosecution a new fact supervenes for
trial court must be focused on: (1) the voluntariness of the which the defendant is responsible, which changes the
Procedure when Motion to Quash is Denied
plea, and (2) the full comprehension of the consequences of character of the offense and, together with the facts existing I. PRE-TRIAL
the plea. at the time, constitutes a new and distinct offense, the (RULE 118)
When the motion to quash is denied, the accused should:
accused cannot be said to be in second jeopardy, if indicted
Thus, in every case where the accused enters a plea of guilty for the new offense. (People v. City Court of Manila, G.R. No.
1. Plead;
to a capital offense, especially when he is ignorant with little L-36342, 27 Apr. 1983) Period of Pre-Trial
2. Go to trial without prejudice to the special defenses he
or no education, the proper and prudent course to follow is
invoked in the motion; and
to take such evidence as are available and necessary in Instances where Dismissal of the Case is tantamount to It shall be held after arraignment and within 30 days from
3. Appeal from the judgment of conviction, if any, and
support of the material allegations of the information, an Acquittal the date the court acquires jurisdiction over the person of
interpose the denial of the motion as an error.
including the aggravating circumstances therein the accused unless a shorter period is provided for in
enumerated, not only to satisfy the trial judge himself but 1. Dismissal based on insufficiency of evidence of the special laws or circulars of the Supreme Court. (Sec. 1, Rule
Exception to the Rule that sustaining the Motion is not
also to aid the Supreme Court in determining whether the prosecution (demurrer to evidence); and 118, ROC, as amended)
a bar to another Prosecution
accused really and truly understood and comprehended the 2. Dismissal due to violation of right to speedy trial (even
meaning, full significance, and consequences of his plea. if dismissal was upon motion of the accused or with his If the accused is under preventive detention, the pre-trial
GR: An order sustaining the motion to quash is not a bar to
(People v. Pagal, G.R. No. 241257, 02 Sept. 2020) express consent). shall be held within 10 days after arraignment unless a law
another prosecution for the same offense.
provides for a shorter period. (A.M. No. 03-1-09-SC, IB(1))
2. IMPROVIDENT PLEA XPNs: The motion was based on the grounds of: 3. PROVISIONAL DISMISSAL
Under the Revised Guidelines for Continuous Trial of
Instances of Improvident Plea 1. Extinction of criminal action or liability; and Period when Provisional Dismissal becomes Criminal Cases, the arraignment and pre-trial/preliminary
2. Double jeopardy. (Sec. 6, Rule 117, ROC, as amended) permanent conference are scheduled on the same day.
1. Plea of guilty was compelled by violence or
intimidation; 1. Offenses punishable by imprisonment not exceeding Furthermore, the Pre-Trial Order shall immediately be
2. DOUBLE JEOPARDY
2. The accused did not fully understand the meaning and 6 years or a fine of any amount, or both – shall served upon the parties and counsel on the same day after
consequences of his plea; become permanent 1 year after issuance of the order its termination. (A.M. No. 15-06-10-SC)
Finality of Acquittal Doctrine
3. Insufficient information to sustain conviction of the without the case having been revived.
offense charged; Matters to be Considered during Pre-Trial
GR: An acquittal rendered by a court of competent
4. Information does not charge an offense; or 2. Offenses punishable by imprisonment of more than 6
jurisdiction after trial on the merits is immediately final and 1. Plea bargaining;
5. Court has no jurisdiction. years – shall become permanent 2 years after issuance
cannot be appealed. (People v. Sandiganbayan, G.R. No. 2. Stipulation of facts;
of the order without the case having been revived. (Sec.
164068-69, 19 Nov. 2013)
Effect of Withdrawal of Improvident Plea 8, Rule 117, ROC, as amended)
NOTE: In order for the accused to be bound, it must be
XPN: When the proceedings were rigged, and a sham and a signed by him.
The court shall set aside the judgment of conviction and re- Requisites of Provisional Dismissal
mock trial held with pre-determined judgment of acquittal,
open the case for new trial.
the proceedings are unlawful and void ab initio. Double 3. Marking for identification of evidence of parties;
1. The prosecution with the express conformity of the
jeopardy then cannot be invoked in setting aside such
accused, or the accused, moves for a provisional (sin
judgment because the prosecution was denied of due
perjuicio) dismissal of the case; or both the prosecution

NOTE: No evidence shall be allowed to be presented NOTE: Unless otherwise required by the court, personal simultaneously held in Time Limit for the Trial of Criminal Cases
and offered during the trial other than those identified appearance of the accused at the conference is not mediatable cases subject to GR: Trial shall not exceed 180 days from the first day of
and marked during the pre-trial except when allowed indispensable. This is aside from the consideration that the the Rule on Summary trial. (Sec. 2, Rule 119, ROC, as amended)
by the court for good cause shown. (I-B (2), AM No. 03- accused may waive his presence at all stages of the criminal Procedure. (A.M. No. 15-06-
1-09-SC) action, except at the arraignment, promulgation of 10-SC Resolution, effective XPNs:
judgment or when required to appear for identification. 25 Apr. 2017)
4. Waiver of objections to admissibility of evidence; (Regalado, 2008) As to Sanctions for Non-appearance 1. Those governed by the rules on summary procedure;
5. Modification of the order of the trial if one of the The “proper sanctions and 2. Those where the penalty prescribed by law does not
accused admits the charge but interposes a lawful 3. PRE-TRIAL ORDER penalties” for non- exceed 6 months imprisonment or a fine of P1,000 or
defense (reverse trial); and The sanction for non- appearance may be both; and
6. Such matters as will promote a fair and expeditious trial Purpose and Effect of the Pre-Trial Order appearance is imposed imposed upon the counsel 3. Those authorized by the Chief Justice of the Supreme
of the criminal and civil aspects of the case. (Sec. 1, Rule upon the non-appearing or the prosecutor in case of Court. (Sec. 6, R.A. No. 8493, Speedy Trial Act)
118, ROC, as amended) The pre-trial order shall: party. (Sec. 5, Rule 18, ROC, failure to offer an
as amended) acceptable excuse for lack Commencement of trial may be extended based on the
NOTE: If the accused has pleaded not guilty to the crime 1. Bind the parties; of cooperation. (Sec. 3, Rule following conditions:
charged, he may state whether he interposes a negative or 2. Limit the trial to those matters not disposed of; and 118, ROC, as amended)
affirmative defense. A negative defense shall require the 3. Control the course of the action during the trial, unless As to Possibility of Amicable Settlement 1. For the 180 days, for the first 12 calendar month period
prosecution to prove the guilt of the accused beyond modified by the court to prevent manifest injustice. Does not include the from the effectivity of the law;
reasonable doubt, while an affirmative defense may (Ibid.; Sec. 5, RA 8493, Speedy Trial Act) considering of the 2. 120 days for the second 12-month period; and
modify the order of trial and require the accused to prove Considers the possibility of 3. 80 days for the third 12-month period. (Sec. 9, R.A. No.
possibility of amicable
such defense by clear and convincing evidence. (Sec. 3, R.A. an amicable settlement or 8493)
Period for the Trial Judge to Issue a Pre-Trial Order and settlement of a criminal
No. 8493, Speedy Trial Act) compromise.
its Contents liability as one of its
purpose. (Ibid.) Commencement of trial may be extended based on the
1. PRE-TRIAL AGREEMENT It must be issued within 10 days after the termination of the As to Agreements and Admissions following conditions:
pre-trial. It shall set forth the following: The agreements and All agreements or
All agreements or admissions made or entered into during admissions may be admissions made or 1. For the 180 days, for the first 12 calendar month period
the pre-trial conference shall be reduced in writing and 1. Actions taken during the pre-trial conference; contained in the record of entered during the pre- from the effectivity of the law;
signed by the accused and counsel; otherwise, the same 2. Facts stipulated; pre-trial and pre-trial trial conference shall be 2. 120 days for the second 12-month period; and
cannot be used against the accused. (Sec. 2, Rule 118, ROC, 3. Admissions made; order. The “Minutes of reduced in writing and 80 days for the third 12-month period. (Sec. 9, R.A. No. 8493)
as amended) (2004 BAR) 4. Evidence marked; and Preliminary Conference signed by both the accused
5. Number of witnesses to be presented and the schedule may be signed by either the and counsel; otherwise, Conduct of Trial for Several Accused
Amendment of Pre-Trial Agreement of trial. (Sec. 4, Rule 118, ROC, as amended) party or his counsel. they cannot be used
against the accused. GR: When two or more persons are jointly charged with an
Pre-trial may be amended on the grounds of: Pre-Trial in a Civil Case vs. Pre-Trial in a Criminal Case As to Pre-trial Brief offense, they shall be tried jointly. This rule is so designed
(1997 BAR) A pre-trial brief is required as to preclude a wasteful expenditure of judicial resources
1. Agreement; or to be submitted before the and to promote an orderly and expeditious disposition of
2. Palpable mistake. court and must be served A pre-trial brief is not criminal prosecutions.
PRE-TRIAL PRE-TRIAL
IN CIVIL CASE IN CRIMINAL CASE on the adverse party. (Sec. specifically required.
6, Rule 18, ROC, as XPN: The court, in its discretion and upon motion of the
2. NON-APPEARANCE DURING PRE-TRIAL As to Nature
amended) prosecutor or any of the defendants, may order a separate
Pre-trial is ordered by the trial for one or more accused. (Sec. 16, Rule 119, ROC, as
Effect of Non-appearance of Counsel for the Accused or amended)
Pre-trial is preceded by a court and no motion to set
the Prosecutor during the Pre-Trial without Valid
motion ex parte filed by the the case for pre-trial is
Justification J. TRIAL
plaintiff to set the case for required from either the NOTE: In the interest of justice, a separate trial may be
(RULE 119)
pre-trial. (Sec. 1, Rule 18, prosecution or the defense. granted even after the prosecution has finished presenting
The court may impose proper sanctions or penalties in the its evidence in chief. (Joseph v. Villaluz, G.R. No. L-45911, 11
ROC, as amended) (Sec. 1, Rule 118, ROC, as
form of reprimand, fines or imprisonment, if the counsel Apr. 1979)
amended)
does not offer an acceptable excuse for his lack of When Trial shall Commence
cooperation. (Sec. 3, Rule 118, ROC, as amended; Sec. 5, R.A. As to Initiation of Procedure If a separate trial is granted, the testimony of one accused
No. 8493, Speedy Trial Act) The pre-trial is ordered by 1. The trial shall commence within 30 days from receipt
imputing the crime to his co-accused is not admissible
the court after of pre-trial order. (Sec. 1, Rule 119, ROC, as amended)
against the latter. In joint trial, it would be admissible if the
Rationale of the Exclusion of the Accused in the arraignment and within 30 2. If the accused is to be tried again pursuant to an order
latter had an opportunity for cross-examination.
Mandatory Appearance during Pre-trial days from the date the for a new trial, the trial shall commence within 30 days
The motion to set the case from notice of the order granting a new trial. (Sec. 5,
court acquires jurisdiction
for pre-trial is made after Rule 119, ROC, as amended) 1.TRIAL IN ABSENTIA
The principal reason why the accused is not included in the over the person of the
the last pleading has been
mandatory appearance is the fear that to include him is to accused. (Ibid.)
served and filed. (Ibid.) NOTE: Period may be extended to one not exceeding 180 Requisites of Trial in absentia:
violate his constitutional right to remain silent. (Sec. 12(1),
Art. III, 1987 Constitution) NOTE: The arraignment days from notice of order if period becomes impractical due
to unavailability of witness and other factors. (Ibid.) 1. The accused has already been arraigned;
and preliminary
2. He has been duly notified of the trial; and
conference shall be

3. His failure to appear is unjustified. (Sec. 14(2), Art. III, a. There is absolute necessity for the testimony of Effect of filing a Demurrer with Leave of Court vs. Filing NOTE: Unless otherwise specifically provided herein, the
1987 Constitution of the Philippines; Bernardo v. People, the accused whose discharge is requested; a Demurrer without Leave Revised Guidelines shall not apply to criminal cases filed
G.R. No. 166980, 04 Apr. 2007) under the Rule on Summary Procedure.
b. There is no other direct evidence available for the DEMURRER WITH DEMURRER WITHOUT
Effects of Trial in absentia proper prosecution of the offense committed, LEAVE OF COURT LEAVE Procedure
except the testimony of the said accused; OF COURT
The accused waives the right to present evidence and cross- Denial of Demurrer Trial shall be held from Monday to Thursday, and courts
examine the witnesses against him. The accused’s waiver c. The testimony of said accused can be substantially It is tantamount to a shall call the cases at exactly 8:30 A.M. and 2:00 P.M.,
does not mean, however, that the prosecution is deprived of corroborated in its material points; waiver of the accused’s pursuant to Administrative Circular No. 3-99. Hearing on
the right to require the presence of the accused for right to present evidence motions, arraignment and pre-trial, and promulgation of
purposes of identification by the witnesses which is vital for d. Said accused does not appear to be the most guilty; The accused may proceed decisions shall be held in the morning of Fridays, pursuant
and as a consequence the
conviction of the accused, except where he unqualifiedly and with the presentation of to Sec. 7, Rule 15 of the Rules of Court.
case will be submitted for
admits in open court after his arraignment that he is the his evidence.
judgment on the basis of
person named as defendant in the case on trial. e. Said accused has not at any time been convicted of the evidence for the All courts shall ensure the posting of their court calendars
any offense involving moral turpitude. (Sec. 17, prosecution. outside their courtrooms at least one (1) day before the
2. EXAMINATION OF WITNESS Rule 119, ROC, as amended) Grant of Demurrer scheduled hearings, pursuant to OCA Circular No. 250-2015.
FOR THE PROSECUTION The case is dismissed, and the effect is an acquittal.
4. EFFECTS OF DISCHARGE OF ACCUSED Motion for Leave of Court Rules on Motion for Postponement
When it satisfactorily appears that a witness for the AS STATE WITNESS The motion for leave of
prosecution is too sick or infirm to appear at the trial as court to file a demurrer to 1. A motion for postponement may be written or oral;
directed by the court, or has to leave the Philippines with no GR: evidence shall specifically 2. It shall be at all times accompanied by the original
definite date of returning, he may forthwith be conditionally state its grounds and shall receipt from the Office of the Clerk of Court evidencing
examined before the court where the case is pending. Such 1. Discharge of accused operates as an acquittal and bar be filed within a non- payment of the postponement fee under Sec. 21(b), Rule
examination, in the presence of the accused, or in his to further prosecution for the same offense; (Sec. 18, extendible period of 5 days 141 of the Rules of Court;
absence after reasonable notice to attend the examination Rule 119, ROC, as amended) after the prosecution rests 3. The original receipt of payment shall be submitted to
has been served on him, shall be conducted in the same 2. Evidence adduced in support of the discharge shall its case. The prosecution either at the time of the filing of said motion or not later
manner as an examination at the trial. Failure or refusal of automatically form part of the trial; (Sec. 17, Rule 119, may oppose the motion than the next hearing date; and
the accused to attend the examination after notice shall be ROC, as amended) and within a non-extendible 4. The Clerk of Court shall not accept the motion unless
considered a waiver. The statement taken may be admitted 3. If the court denies the motion to discharge the accused period of 5 days from its accompanied by the original receipt.
in behalf of or against the accused. (Sec. 15, Rule 119, ROC, as State witness, his sworn statement shall be receipt.
as amended) inadmissible in evidence. (Sec. 17, Rule 119, ROC, as GR: Motion for postponement is prohibited
If leave of court is granted,
amended) the accused may file the
In order for the testimony of the prosecution witness be XPN: If it is based on acts of God, force majeure or physical
demurrer to evidence
taken before the court where the case is being heard, it must XPNs: inability of the witness to appear and testify.
within 10 days. The
be shown that the said prosecution witness is either: (a) too prosecution may however,
sick or infirm to appear at the trial as directed by the order 1. When the accused fails or refuses to testify against his oppose the demurrer to
of the court, or; (b) has to leave the Philippines with no co-accused in accordance with his sworn statement evidence within a non- K. JUDGMENT
definite date of returning. (People v. Sergio, G.R. No. 240053, constituting the basis of his discharge; (Sec. 18, Rule extendible period of 10 (RULE 120)
09 Oct. 2019, J. Hernando) 119, ROC, as amended) days from the receipt of
2. Failure to testify refers exclusively to defendant’s will the demurrer. (Sec. 23, Rule
3. REQUISITES FOR DISCHARGE OF ACCUSED or fault; and 119, ROC, as amended) Formal Requisites
TO BECOME A STATE WITNESS 3. Where an accused who turns into a state witness on a
promise of immunity but later retracts and fails to keep 1. Written in official language;
6. REVISED GUIDELINES
Requisites before an Accused may become a State his part of the agreement, his confession made under ON CONTINUOUS TRIAL
Witness: such a promise may be used against him. (People v. (A.M. No. 15-06-10-SC) NOTE: If given verbally, it is incomplete. (People v.
Beberino, G.R. No. L-23092, 28 Oct. 1977) Catolico, G.R. No. L-31260, 29 Feb. 1972) An oral
1. Two or more accused are jointly charged with the Applicability dismissal of a criminal case does not attain the effect of
commission of an offense; 5. DEMURRER TO EVIDENCE judgment of acquittal. So that it is still within the
The Revised Guidelines for Continuous Trial of Criminal powers of the judge to set aside and enter another
2. The motion for discharge is filed by the prosecution Cases (Revised Guidelines) shall apply to: order. This is so because the order of dismissal must be
RULES ON DEMURRER TO EVIDENCE
before it rests its case; written and signed by the judge. (Abay, Sr. v. Garcia, G.R.
How made 1. Court on its own initiative; or
1. All newly filed criminal cases in the First and Second No. L-66132, 27 June 1988)
2. Upon filing of the accused for
3. The prosecution is required to present evidence and demurrer of evidence: Level Courts, the Sandiganbayan and the Court of Tax
the sworn statement of each proposed state witness at Appeals, as of effectivity date; 2. Personally and directly prepared by the judge;
a. With leave of court; or
a hearing in support of the discharge; 2. All newly filed criminal cases governed by Special Laws 3. Signed by the judge; and
b. Without leave of court.
and Rules, as of effectivity date; and 4. Contains clearly and distinctly a statement of the facts
When made After the prosecution rests its case.
4. The accused gives his consent to be a state witness; and 3. Pending criminal cases with respect to the remainder and the law upon which it is based. (Sec. 1, Rule 120,
Ground Insufficiency of evidence
of the proceedings. ROC, as amended)
Effect The court may dismiss the case. (Sec.
5. The trial court is satisfied that: 23, Rule 119, ROC, as amended)

Jurisdictional Requirements before a Judgment may be accredited government institution until he reaches the age Effects of the Absence of the Accused in the Entry of Judgment
Rendered of 21 or until the court so determines. (Sec. 40, R.A. No. 9344, Promulgation of Judgment; Remedies
Juvenile Justice and Welfare Act of 2006) The recording of the judgment or order in the book of
1. Jurisdiction over the subject matter; If judgment is one of conviction and the accused is absent entries of judgments shall constitute its entry. The record
2. Jurisdiction over the territory; and XPNs: There is no suspension of sentence when such minor without justifiable cause, the court shall order his arrest shall contain the dispositive part of the judgment order and
3. Jurisdiction over the person of the accused. offender: and he shall lose the remedies available in the rules against shall be signed by the clerk, with a certificate that such
(Antiporda, Jr. v. Garchitorena, G.R. No. 133289, 23 the judgment and his bail shall be forfeited. judgment or order has become final and executory. (Sec. 2,
Dec. 1999) 1. Has enjoyed previous suspension of sentence; Rule 36, ROC, as amended)
2. Is convicted of a crime punishable by death or life However, the accused may surrender and file a motion for
Duplicitous Complaint or Information imprisonment; leave of court to avail of these remedies within 15 days from
3. Is convicted by a military tribunal; or the promulgation of judgment. L. NEW TRIAL OR RECONSIDERATION
When two or more offenses are charged in a single 4. Is already of age at the time of sentencing even if he was If such motion is granted, he may avail of these remedies (RULE 121)
complaint or information but the accused fails to object to it a minor at the time of the commission of the crime. within 15 days from notice of such order granting the
before trial, the court may convict him of as many offenses (Declarador v. Gubaton, G.R. No. 159208, 18 Aug. 2006) motion. (Sec. 6, Rule 120, ROC, as amended) He must
as are charged and proved, and impose on him the penalty however, state the reasons for his absence at the Period to file a Motion for New Trial or Motion for
of each offense, setting out separately the findings of the fact Rule if the Minor already reached the Age of Majority promulgation and prove that his absence was for a Reconsideration
and law in each offense. (Sec. 3, Rule 120, ROC, as amended) upon the Promulgation of his Sentence justifiable cause.
The failure to object is tantamount to a waiver. It should be filed with the trial court within 15 days from
He is no longer entitled to the suspension of sentence. Instances when Judgment may be promulgated even if the promulgation of the judgment. If an appeal has already
Variance Doctrine However, the time he spent during the period of his the Accused is not present been perfected, a motion for new trial on the ground of
confinement shall be credited to his actual service of newly discovered evidence maybe filed in the appellate
GR: An accused can be convicted of an offense only when it sentence. Furthermore, he shall still be entitled to the 1. A judgment of acquittal; and court.
is both charged and proved. privileged mitigating circumstance of minority. (People v. 2. Judgment is for a light offense, in which case judgment
Francisco, G.R. No. 102976, 25 Oct. 1995; R.A. No. 9344, may be promulgated in the presence of the counsel for NEW TRIAL
XPN: When the offense as charged is included in or Juvenile Justice and Welfare Act of 2006) the accused or a representative
necessarily includes the offense proved, the accused shall Grounds
be convicted of the offense proved which is included in the 1. PROMULGATION OF JUDGMENT Instances when Judgment becomes Final
offense charged, or of the offense charged which is included 1. Errors of law have been committed during the trial;
in the offense proved. (Sec. 4, Rule 120, ROC, as amended) Authority to Promulgate the Judgment A judgment becomes final: 2. Irregularities prejudicial to the substantial rights of the
accused have been committed during the trial; or
NOTE: The accused can be convicted of an offense only GR: The judge of the court who renders the judgment. 1. After the lapse of time for perfecting an appeal; 3. New and material evidence has been discovered which
when it is both charged and proven. the accused could not, with reasonable diligence, have
XPNs: NOTE: In case the death penalty is imposed, the CA discovered and produced at the trial and which if
The mere fact that the evidence presented would indicate shall automatically review the judgment before it introduced and admitted would probably change the
that a lesser offense outside the court’s jurisdiction was 1. When the judge is absent or outside the province or becomes final. judgment. (Sec. 2, Rule 121, ROC, as amended)
committed does not deprive the court of its jurisdiction, city – Judgment may be promulgated by the clerk of
which had vested in it under the allegations in the court; and 2. When the sentence has been partially or totally Requisites before a New Trial may be Granted on
information. (People v. Ocaya, G.R. No. L-47448, 17 May satisfied; Ground of Newly Discovered Evidence (Berry Rule)
1987) 2. When the accused is confined or detained in another 3. When the accused has expressly waived in writing his
province or city – Judgment may be promulgated by right to appeal; or 1. The evidence was discovered after trial;
Q: When does an offense include or is included in the executive judge of the RTC having jurisdiction over 4. When the accused has applied for probation. (Sec. 7, 2. Such evidence could not have been discovered and
another? the place of confinement or detention. (Sec. 6, Rule 120, Rule 120, ROC, as amended) produced at the trial even with the exercise of
ROC, as amended) NOTE: Applying for probation is necessarily deemed a reasonable diligence;
A: An offense charged necessarily includes that which is waiver of one’s right to appeal. Appeal and probation 3. It is new and material, not merely cumulative,
proved when some of the essential elements or ingredients NOTE: When it is not merely physical absence of the judge are mutually exclusive remedies. Implicit in an corroborative or impeaching; and
of the former, as this is alleged in the complaint or who penned the decision, but the cessation or termination application for probation is an admission of guilt. 4. The evidence is of such a weight that it would probably
information, constitutes the latter. An offense charged is of his incumbency as such judge, there is no judgment (Enrique Almero v. People, G.R. No. 188191, 12 Mar. change the judgment if admitted. (Tadeja v. People, G.R.
necessarily included in the offense proved, when the validly entered in such a case. (Ong Siu v. Paredes, G.R. No. L- 2014) (2012 BAR) No. 145336, 20 Feb. 2013)
essential ingredients of the former constitute or form a part 21638, 26 July 1966)
of those constituting the latter. (Sec. 5, Rule 120, ROC, as 4. When the accused has applied for probation. (Sec. 7, Rule RECONSIDERATION
amended) How Promulgation is made when the Accused is absent 120, ROC, as amended)
despite notice Grounds
Effect of the Judgment of Conviction upon a Minor NOTE: Applying for probation is necessarily deemed a
The promulgation shall still be made by: waiver of one’s right to appeal. Appeal and probation 1. Errors of law in the judgment which requires no further
GR: The courts shall promulgate the sentence and ascertain are mutually exclusive remedies. Implicit in an proceedings; or
any civil liability which the accused may have incurred. The 1. Recording such judgment in the criminal docket; and application for probation is an admission of guilt. 2. Errors of fact in the judgment which requires no further
sentence, however, shall be suspended without need of 2. Serving him a copy thereof at his last known address or (Enrique Almero v. People, G.R. No. 188191, 12 Mar. proceedings. (Sec. 3, Rule 121, ROC, as amended)
application pursuant to P.D. 603 or the Child and Youth through his counsel. 2014) (2012 BAR)
Welfare Code. In which case, the child shall have been Q: May errors or ignorance of counsel be a ground for
committed under the care of the DSWD or any other new trial or reconsideration?

A: GR: Mistakes or errors of counsel in the conduct of his A. Exercising its original 2. Serve a copy of the Exercising its appellate ammunitions as well as violations of the
case are not grounds for new trial. This rule is the same jurisdiction for offenses notice to the adverse party. jurisdiction for offenses Comprehensive Dangerous Drugs Act of 2002, the
whether the mistakes are the result of ignorance, with imposable penalties where the imposable Intellectual Property Code, the Anti- Money Laundering
inexperience, or incompetence. less than reclusion penalty is reclusion Act of 2001, the Tariff and Customs Code, the Executive
perpetua or life perpetua or life judges and whenever they are on official leave of
XPN: If the incompetence, ignorance or inexperience of imprisonment. imprisonment. absence or are not physically present in the station, the
counsel is so great and the error committed as a result B. Exercising its appellate File a petition for review Exercising its original Vice-Judges of RTCs of Manila and Quezon City shall
File a notice of appeal.
thereof is so serious that the client, who otherwise has a jurisdiction. under Rule 42. jurisdiction for offenses have the authority to act on the application filed by the
(Sec. 13, Rule 124, ROC, as
good cause, is prejudiced and denied his day in court, the C. Where the imposable where the imposable NBI, PNP and the Anti-Crime Task Force (ACTAF),
amended; Sec. 5, P.D. 1606
litigation may be reopened to give the client another chance penalty is: penalty is reclusion Presidential Anti-Organized Crime Task Force (PAOC-
as amended by R.A. No.
to present his case. (Abrajano v. CA, G.R. No. 120787, 13 Oct. a. if imprisonment or perpetua and life TF), and the Reaction Against Crime Task Force
8249).
2000) reclusion perpetua; or imprisonment. (REACT-TF). (Administrative Matter No. 99-10-09-SC;
b. a lesser penalty for 1. File a notice of appeal Cases not falling in Petition for review on Sps. Marimla v. People, G.R. No. 158467, 16 Oct. 2009)
Application of the Neypes Rule in Criminal Cases (Fresh offenses committed on the with the RTC; paragraphs (a) and (b) certiorari via Rule 45 of the
Period Rule) same occasion or which 2. Serve a copy of the above. Rules of Court. Requisites before a Search Warrant may be issued (P-
arose from the same notice to the adverse party. O-D-E-P2-S)
The period for appeal is not only within 15 days from notice occurrence that gave rise
of the judgment but also within 15 days from notice of the to the offense punishable 1. It must be issued upon Probable cause;
N. SEARCH AND SEIZURE
final order appealed from. reclusion perpetua or life (RULE 126) 2. It must be in connection with One specific offense;
imprisonment. 3. Probable cause must be Determined by the issuing
NOTE: A fresh period of 15 days to appeal is counted from Automatic review to CA judge personally;
the denial of the motion for reconsideration or new trial. D. Where the imposable 4. The judge must have personally Examined, in the form
(Sec. 10, Rule 122, ROC, as Duration of the Validity of a Search Warrant
(Neypes v. CA, G.R. No. 141524, 14 Sept. 2005) penalty is death. of searching questions and answers, the applicant and
amended).
Appealed to the Supreme Court A search warrant is valid for 10 days from the date of its his witnesses;
The raison d’être for the “fresh period rule” is to standardize All other appeals except: issue. After such time, it is void. (Sec. 10, Rule 126, ROC, as 5. The search warrant must Particularly describe or
the appeal period provided in the Rules and do away with amended) identify the property to be seized as far as the
the confusion as to when the 15-day appeal period should a. Decision of RTC where A search warrant can be used only once, thereafter it circumstances will ordinarily allow;
be counted. the imposable penalty is becomes functus officio, except when the search conducted 6. The warrant issued must Particularly describe the
life imprisonment or on one day was interrupted, in which case the same may be place to be searched and the persons or things to be
The new rule aims to regiment or make the appeal period reclusion perpetua or a continued under the same warrant the following day if not seized; and
uniform, to be counted from the receipt or the order lesser penalty for beyond the 10-day period. 7. The Sworn statements together with the affidavits
denying the motion for new trial, motion for offenses committed on submitted by witnesses must be attached to the record.
reconsideration (whether full or partial) or any final order the same occasion or (Prudente v. Dayrit, G.R. No. 82870, 14 Dec. 1989)
Court where an Application for a Search Warrant is
of resolution. (Neypes v. Court of Appeals, G.R. No. 141524, 14 which arose from the filed
Sept. 2005) same occurrence that How the examination shall be conducted by the judge
gave rise to the offense Petition for review on GR: It should be filed with a court within whose territorial
punishable by reclusion certiorari via Rule 45. jurisdiction the crime was committed. (Sec. 2(a), Rule 126, 1. Must be personally conducted by the judge;
M. APPEAL perpetua or life ROC, as amended) 2. Must be in the form of searching questions and
(RULE 122) imprisonment; and answers;
3. The complainant and the witnesses shall be examined
XPNs:
b. Decisions of RTC on those facts personally known to them;
Period to take an Appeal imposing the penalty of 1. For compelling reasons, any court within the judicial 4. The statements must be in writing and under oath; and
death. region where the crime was committed if the place of 5. The sworn statements of the complainant and the
It must be taken within 15 days from promulgation of the commission of the crime is known, or any court witnesses, together with the affidavits submitted, shall
judgment or from notice of final order appealed from. (Sec. NOTE: By virtue of R.A. No. within the judicial region where the warrant shall be be attached to the record. (Sec. 5, Rule 126, ROC, as
6, Rule 122, ROC, as amended) 9346, the imposition of enforced; amended)
death penalty is
Appeals to the RTC, CA, and SC prohibited. NOTE: Filing in such courts requires compelling Tests to determine Particularity of the Place to be
CA reasons stated in the application. The rule is of a searched
From Decision of How Taken a. When it finds that death Automatic review. (Sec. 13, mandatory nature. (Pilipinas Shell Petroleum
Appealed to the RTC penalty should be Rule 124, ROC, as amended) Corporation v. Romars International Gases Corporation, 1. When the description therein is as specific as the
imposed. G.R. No. 189669, 16 Feb. 2015) ordinary circumstance will allow; (People v. Rubio, G.R.
1. File a notice of appeal b. Where it imposes No. L-35500, 27 Oct. 1932)
with the MTC; reclusion perpetua, life Notice of appeal. (Sec. 13, 2. However, if the criminal action has been filed, the 2. When the description expresses a conclusion of fact,
MTC
2. Serve a copy of the imprisonment or a lesser Rule 124, ROC, as amended) application shall only be made in the court where the not of law which the warrant officer may be guided in
notice to the adverse party. penalty. criminal action is pending (Sec. 2, Rule 126, ROC, as making the search and seizure; and
Sandiganbayan amended); and 3. When the things described therein are limited to those
Appealed to the CA File a notice of appeal. which bear direct relation to the offense for which the
1. File a notice of appeal warrant is being issued.
RTC 3. In case of search warrant involving heinous crimes,
with the RTC;
illegal gambling, illegal possession of firearms and

Rules to be observed in case of Search of a House or Effect of an Illegal Search and Seizure (Fruit of the 5. Support Pendente Lite computer system or indirectly, through the use of
Room Poisonous Tree Doctrine) electronic eavesdropping or tapping devices, at the
It is an order against the accused to provide same time that the communication is occurring.
In order to ensure that the execution of the warrant will be Any evidence obtained in violation of this or the preceding support pendente lite to the child born to the offended party (Sec. 5.2, A.M. 17-11-03-SC)
fair and reasonable, and in order to insure that the officer section shall be inadmissible for any purpose in any allegedly because of the crime. The application therefor
conducting the search shall not exceed his authority or use proceeding. (Sec. 3(2), Art. 3, 1987 Constitution) may be filed successively by the offended party, her parents, Warrant to Search, Seize and Examine Computer Data
unnecessary severity in executing the search warrant, as grandparents or guardian and the State in the (WSSECD)
well as for the officer’s own protection against unjust corresponding criminal case during its pendency. (Sec. 6,
accusations, it is required that the search be conducted in Rule 61, ROC, as amended) It is an order in writing issued in the name of the People of
the presence of the: Venue of filing a Motion to quash Search warrant the Philippines, signed by a judge, upon application of law
enforcement authorities, authorizing the latter to search the
1. Lawful occupant of the place to be searched; 1. It may be filed and acted upon only by the court where P. THE RULE ON CYBERCRIME WARRANTS particular place for items to be seized and/or examined.
2. Any member of his family; or the action has been instituted; or (A.M. No. 17-11-03-SC) (Sec. 6.1, A.M. No. 17-11-03-SC)
3. In their absence, in the presence of 2 witnesses of 2. If no criminal action has been instituted, it may be filed
sufficient age and discretion residing in the same in and resolved by the court that issued the search Warrant to Examine Computer Data (WECD)
locality. (Sec. 8, Rule 126, ROC, as amended) warrant. However, if such court failed to resolve the Preservation of Computer Data
motion and a criminal case is subsequently filed in It is issued upon acquiring possession of a computer device
NOTE: A public officer or employee who exceeds his another court, the motion shall be resolved by the latter The integrity of traffic data and subscriber’s information or computer system via a lawful warrantless arrest, or by
authority or uses unnecessary severity in executing the court. (Sec. 14, Rule 126, ROC, as amended) shall be kept, retained, and preserved by a service provider any other lawful method, BUT law enforcement authorities
warrant is liable under Art. 129, RPC. for a minimum period of six (6) months from the date shall first apply for a warrant (WECD) before searching the
of the transaction. said computer device or computer system for the purpose
Right to Break Door or Window to Effect Search O. PROVISIONAL REMEDIES of obtaining for forensic examination the computer data
IN CRIMINAL CASES On the other hand, content data shall be preserved for six contained therein.
The officer, if refused admittance to the place of directed (RULE 127) (6) months from the date of the receipt order from law
search after giving notice of his purpose and authority, may enforcement authorities requiring its preservation. (Sec. The verified application for a WECD, as well as the
break open any outer or inner door or window of a house 3.1, A.M. No. 17-11-03-SC) supporting affidavits, shall state the essential facts similar
or any part of a house or anything therein to execute the 1. Attachment to those in Sec. 4.3 of this Rule, except that the subject
warrant to liberate himself or any person lawfully aiding Warrant to Disclose Computer Data (WDCD) matter is the computer data sought to be examined. In
him when unlawfully detained therein. (Sec. 7, Rule 126, Cases wherein Attachment is made available (W-I-S-A) addition, the application shall disclose the circumstances
ROC, as amended) surrounding the lawful acquisition of the computer device
Exceptions to Search Warrant Requirement 1. When the accused is about to abscond from the 1. An order in Writing; or computer system containing the said computer data.
Philippines; 2. Issued in the name of the People of the (Sec. 6.9, A.M. No. 17-11-03-SC)
GR: The procurement of a warrant is required before a law 2. When the criminal action is based on a claim for money Philippines;
enforcer can validly conduct a search and seizure. or property embezzled or fraudulently misapplied or 3. Signed by a judge, upon application of law
converted to the use of the accused who is a public enforcement authorities (LEA);
XPNs: Instances of a valid warrantless search officer, or any officer of a corporation, or an attorney, 4. Authorizing the LEA to issue an order to
factor, broker, agent, or clerk, in the course of his disclose and accordingly, require any person or
1. Search incident to lawful arrest; employment as such, or by any person in a fiduciary service provider to disclose or submit subscriber's
2. Consented search (waiver of right); capacity, or for a willful violation of a duty; information, traffic data, or relevant data in his/her
3. Search of moving vehicle (Caroll doctrine); 3. When the accused has concealed, removed or disposed or its possession or control. (Sec. 4.2, A.M. No. 17-
4. Checkpoints; body checks in airports; of his property or is about to do so; and 11-03-SC)
5. Plain view doctrine; 4. When the accused resides outside the Philippines. (Sec.
6. Stop and frisk situations (Terry doctrine); 2, Rule 127, ROC, as amended) Warrant to Intercept Computer Data (WICD)
7. Enforcement of custom laws; (W-I-S-A-L-Re-M-S)
8. Immediate control test; 2. Preliminary Injunction
9. Exigent and emergency circumstances; and It is an order:
10. Inspection of buildings and other premises for the It is an order of the court to perform or refrain from
enforcement of fire, sanitary, and building regulations. performing a particular act or acts. 1. In Writing;
2. Issued in the name of the People of the Philippines;
Terry Doctrine 3. Receivership 3. Signed by a judge, upon application of law enforcement
authorities;
A valid “stop” by an officer requires that he has a reasonable It requires the appointment of a receiver aimed at the 4. Authorizing the latter to carry out any or all of the
and articulable belief that criminal activity has happened or preservation of and securing the property or fund subject of following activities:
is about to happen. The “frisk” made after the “stop” must the litigation.
be done because of a reasonable belief that the person a. Listening to;
stopped is in possession of a weapon that will pose danger 4. Replevin b. Recording;
to the officer and others. The “frisk” must be a mere pat c. Monitoring; or
down outside the person’s outer garment and not It is a procedure whereby seized goods may be d. Surveillance of the content of communications,
unreasonably intrusive. (Riano, 2019) provisionally restored to their owner pending the outcome including procuring of the content of computer
of an action. data, either directly, through access and use of a

As to the Kind of Facts presenting evidence of the XPN: It is allowed when it tends in any reasonable degree
VIII. EVIDENCE Intermediate or facts alleged. to establish the probability or improbability of the fact in
Ultimate Facts. issue. (Sec. 4, Rule 128, ROC, as amended)
(A.M. No. 19-08-15-SC) evidentiary facts.
As to the Nature of the Facts 3. EQUIPOISE RULE
3. MULTIPLE ADMISSIBILITY
Hypothetical. Existent.
A situation where the evidence of the parties is evenly
A. GENERAL CONCEPTS balanced, or there is doubt on which side the evidence Where the evidence is relevant and competent for two or
2. BURDEN OF PROOF vs. BURDEN OF EVIDENCE preponderates (or weighs more heavily). In this case, the more purposes, such evidence should be admitted for any
decision should be against the party with the burden of or all purposes for which it is offered provided it satisfies all
BURDEN proof. (Rivera v. Court of Appeals, G.R. No. 115625, 23 Jan. the requirements of law for its admissibility. (Regalado,
Applicability of the Rules on Evidence BURDEN OF PROOF
OF EVIDENCE 1998) 2008) (2005 BAR)
The Rules of Evidence, being part of the Rules of Court, As to Definition
It is the duty of a party to In criminal cases, where the evidence is evenly balanced, 4. CONDITIONAL ADMISSIBILITY
apply only to judicial proceedings. (Sec. 1, Rule 128, ROC, as
It is the duty of a party to present evidence sufficient the constitutional presumption of innocence tilts the scales
amended)
present evidence on the to establish or rebut a fact in favor of the accused. Where the evidence at the time of its offer appears to be
The Rules of Court shall not apply to: (N-I-C-O-L-E) facts in issue necessary to in issue to establish a immaterial or irrelevant unless it is connected with the
establish his or her claim or prima facie case. (Sec. 1, In civil cases, when the evidence of the parties is in other facts to be subsequently proved, such evidence may
defense by the amount of Rule 131, ROC, as amended) equipoise, the party who has the burden of proof loses. be received on condition that the other facts will be proved
1. Naturalization proceedings;
2. Insolvency proceedings; evidence required by law. thereafter, otherwise the evidence already given will be
3. Cadastral proceedings; (Sec. 1, Rule 131, ROC, as Burden of evidence is that stricken out. (Regalado, 2008) (2011 BAR)
4. Other cases not provided in the Rules of Court; amended) logical necessity which B. ADMISSIBILITY OF EVIDENCE
5. Land registration proceedings; and rests upon a party at any (RULE 128)
5. CURATIVE ADMISSIBILITY
6. Election cases. (Sec. 4, Rule 1, ROC, as amended) Burden of proof or onus particular time during the
probandi traditionally trial to create a prima facie
It allows a party to introduce otherwise inadmissible
However, the rules may apply to the abovementioned refers to the obligation of a case in his favor or to
1. REQUISITES FOR ADMISSIBILITY evidence to answer the opposing party’s previous
proceedings and cases by analogy or in a suppletory party to a litigation to overthrow one when OF EVIDENCE introduction of inadmissible evidence. (Riano, 2019)
character and whenever practicable and convenient. (Ibid.) persuade the court that he created against him.
is entitled to relief. (Riano, (People of the Philippines v. 1. The evidence is relevant to the issue; and Curative – when it is intended to receive inadmissible
2019) CA, G.R. No. 183652, 25 Feb.
1. PROOF vs. EVIDENCE evidence from a party to neutralize a previously accepted
2015) NOTE: It is relevant if it has such a relation to the fact inadmissible evidence from the other party. (Peralta &
As to the Duty of the Party in issue as to induce belief in its existence or non-
PROOF EVIDENCE Peralta, 2020)
Duty of a party to present existence. (Sec. 4, Rule 128, ROC, as amended)
As to Nature evidence to establish his Duty of the party to go
Thus, a party who first introduces either irrelevant or
It is the mode or manner of claim or defense by the forward with the evidence 2. The evidence is competent. incompetent evidence into the trial cannot complain of the
It is merely the probative proving competent facts in amount of evidence to overthrow the prima
subsequent admission of similar evidence from the adverse
effect of evidence and is the judicial proceedings. required by law, which is facie evidence against him. NOTE: The evidence is competent when it is not party relating to the subject matter. (Commonwealth v.
conviction or persuasion of (Bustos v. Lucero, G.R. No. preponderance of evidence (Bautista v. Sarmiento, G.R. excluded by the Constitution, the law, or the Rules of Alexander, 5 S.W.rd 104, 26 Aug. 1999) Conversely, the
the mind resulting from L-2068, 20 Oct. 1948) in civil cases. (Supreme No. L-45137, 23 Sept. Court. (Sec. 3, Rule 128, ROC, as amended). Competency doctrine should not be invoked where evidence was
consideration of the Transliner, Inc. v. CA, G.R. 1985) is determined by the prevailing exclusionary rules of properly admitted.
evidence. Without evidence, there is No. 125356, 21 Nov. 2001) evidence.
no proof. As to Burden of Proof
Never shifts. (Sec. 1, Rule 6. DIRECT AND CIRCUMSTANTIAL EVIDENCE
As to Definition 2. RELEVANCE OF EVIDENCE
131, ROC, as amended) AND COLLATERAL MATTERS
Effect or result of evidence. Medium of proof. May shift from one party to Direct Evidence
the other in the course of
It remains throughout the
the proceedings, Relevance of Evidence That which proves a fact without the need to make an
Factum Probandum vs. Factum Probans entire case exactly where
depending on the inference from another fact. (Riano, 2019)
the pleadings originally
exigencies of the case. (Sec. Evidence must have such a relation to the fact in issue as to
FACTUM PROBANDUM FACTUM PROBANS placed it or with the party
1, Rule 131, ROC, as induce belief in its existence or non-existence. (Sec. 4, Rule Circumstantial Evidence or Indirect Evidence
As to Facts of Propositions upon whom it is imposed.
amended) 128, ROC, as amended)
The facts or material (Republic v. Mupas, G.R. No.
The fact or proposition to 181892, 08 Sept. 2015) That which proves a fact in issue indirectly through an
evidencing the fact or The court will admit only evidence which is relevant to the
be established. inference which the fact finder draws from the evidence
proposition to be As to the Determining Factor
issue. (Sec. 3, Rule 128, ROC, as amended) established. (People v. Matito, G.R. No. 144405, 24 Feb. 2004)
established. Generally determined by
As to the Fact to be Proved the developments of the Collateral Matters
Generally determined by It may happen that no prosecution witness has actually seen
The fact to be proved; the trial, or by the provisions
The probative or the pleadings filed by the the commission of the crime. However, jurisprudence tells
fact which is in issue in a of substantive law or Collateral matters refer to matters other than the fact in
evidentiary fact tending to party. us that direct evidence of the crime is not the only matrix
case and to which the procedural rules which issue.
prove the fact in issue. may relieve the party from from which a trial court may draw its conclusion and finding
evidence is directed.
of guilt. The rules on evidence allow a trial court to rely on
GR: Evidence on collateral matters is not allowed. circumstantial evidence to support its conclusion of guilt.

Difference between Direct Evidence and Circumstantial generally accepted by mankind as true and are capable b. In case on appeal before them and wherein the
Evidence C. JUDICIAL NOTICE AND JUDICIAL ADMISSIONS of ready and unquestioned demonstration. inferior court took judicial notice of an ordinance
(RULE 129) involved in the same case.
The difference involves a relationship of the fact inferred to 2. Capable of unquestionable Demonstration; or
the facts that constitute the offense. Their difference does 3. Appellate courts may also take judicial notice of
not relate to the probative value of the evidence. Direct Facts that Need NOT be Proved NOTE: Matters which are capable of unquestionable ordinances not only because the lower courts took
evidence proves a challenged fact without drawing any demonstration are facts, theories and conclusions judicial notice thereof but because these are facts
inference. Circumstantial evidence, on the other hand, 1. Those of which the courts may take judicial notice; which have come to be established and accepted by the capable of unquestionable demonstration. (Riano,
indirectly proves a fact in issue, such that the fact-finder (Rule 129, ROC, as amended) specialists in the areas of natural science, natural 2019)
must draw an inference or reason from circumstantial 2. Those that are judicially admitted; (Rule 129, ROC, as phenomena, chronology, technology, geography,
evidence. (Planteras v. People, G.R. No. 238889, 03 Oct. 2018) amended) statistical facts, and other fields of professional and Rules on Judicial Notice of Records of another Case
3. Those that are conclusively presumed; (Rule 131, ROC, scientific knowledge. (Francisco, 1996) previously tried
7. POSITIVE AND NEGATIVE EVIDENCE as amended)
4. Those that are disputably presumed but 3. Ought to be known to judges because of their judicial GR: Courts are not authorized to take judicial notice of the
Positive Evidence uncontradicted; (Rule 131, ROC, as amended) Functions. (Sec. 2, Rule 129, ROC, as amended) contents of the records of other cases, even when such cases
5. Immaterial allegations; have been tried or are pending in the same court, and
Exists when the witness affirms on the stand that a certain 6. Facts admitted or not denied provided they have been Test of Notoriety notwithstanding the fact that both cases may have been
state of facts does exist or that a certain event happened. sufficiently alleged; (Sec. 11, Rule 8, ROC, as amended) heard or are actually pending before the same judge.
(Riano, 2022) 7. Res Ipsa Loquitur; and Whether the fact involved is so notoriously known as to (Calamba Steel Center, Inc. v. CIR, G.R. No. 151857, 28 Apr.
8. Admissions by adverse party. (Rule 26, ROC, as make it proper to assume its existence without proof. 2005)
Negative Evidence amended)
Hence, it can be said that judicial notice is limited to facts XPNs:
Exists when the witness states that an event did not occur When Judicial Notice is Mandatory evidenced by public records and facts of general notoriety.
or that the state of facts alleged to exist does not actually (E-PO-L-A-P-O-L-M-G) (Riano, 2022) 1. When in the absence of any objection, with the
exist. (Riano, 2019) knowledge of the opposing party, the contents of said
1. Existence and territorial extent of states; Judicial Notice of Foreign Laws (2005, 2011 BAR) other cases are clearly referred to by title and number
2. Political history, forms of government and symbols of in a pending action and adopted or read into the record
nationality; GR: Courts cannot take judicial notice of foreign laws. They of the latter;
8. COMPETENT AND CREDIBLE EVIDENCE
3. Law of nations; must be alleged and proved.
4. Admiralty and maritime courts of the world and their 2. When the original record of the other case or any part
Competent Evidence XPN: When said laws are within the actual knowledge of the of it is actually withdrawn from the archives at the
seals;
5. Political constitution and history of the Philippines; court and such laws are: court’s discretion upon the request, or with the
One that is not excluded by law in a particular case. consent, of the parties, and admitted as part of the
6. Official acts of legislative, executive and judicial
Competence, in relation to evidence in general, refers to 1. Well and generally known; or record of the pending case; (Jumamil v. Cafe, G.R. No.
departments of the National Government of the
eligibility of an evidence to be received as such. The test of 2. Actually ruled upon in other cases before it; and none 144570, 21 Sept. 2005)
Philippines;
competence is the Constitution, the laws or the rules. of the parties claim otherwise. (PCIB v. Escolin, G.R. Nos.
7. Laws of nature;
8. Measure of time; and L-27860 and L-27896, 29 Mar. 1974) 3. When the action is closely interrelated to another case
When applied to a witness, the term competent refers to the pending between the same parties;
9. Geographical divisions. (Sec. 1, Rule 129, ROC, as
qualifications of the witness. In other words, competence When a Foreign Law refers to the Law of Nations
amended)
refers to a witness’ eligibility to take the stand and testify. 4. Where the interest of the public in ascertaining the
(Riano, 2022) The Philippines adopts the generally accepted principles of truth are of paramount importance;
NOTE: The list here is exclusive.
international law as part of the law of the land. (Sec. 2, Art.
Credibility II, 1987 Constitution of the Philippines) 5. In cases seeking to determine what is reasonable
Under the amended rule, only the official acts of executive,
legislative, and judicial departments of the National exercise of discretion or whether the previous ruling is
The worthiness of belief, that quality which renders a Being part of the law of the land, they are therefore, applicable in a case under consideration; or
Government are subject of mandatory judicial notice.
witness worthy of belief. (Black’s Law Dictionary, 5th Ed., technically in the nature of local laws and hence, are subject
Hence, those of local government units (LGUs) are generally
p.330) to mandatory judicial notice under Sec. 1 of Rule 129. (Riano, 6. Where there is finality of a judgment in another case
not subject to mandatory judicial notice. For instance,
ordinances of LGUs are not subject to mandatory judicial 2019) that was previously pending determination and
The trial court’s assignment of probative value to witnesses’ therefore, res judicata. (Herrera, 1999)
notice, even if the charter of an LGU requires courts sitting
testimonies will not be disturbed except when significant Rules regarding Judicial Notice of Municipal or City
in said LGU to take judicial notice thereof. (Riano, 2022)
matters were overlooked, because it “has the opportunity to Ordinances Requisites of Judicial Admission (P-C-OW)
observe the demeanor of a witness on the stand.” The trial
When Judicial Notice is Discretionary (P-D-F) (2012,
court’s findings acquire even greater weight once affirmed 1. MTCs are required to take judicial notice of the 1. It must be made by a Party to the case or his counsel;
2005 BAR)
on appeal. (People v. XXX and YYY, G.R. No. 225288, 28 June ordinances of the municipality or city wherein they sit. 2. It must be made in the Course of the proceedings in the
2021, J. Hernando) same case; and
1. Matters which are of Public knowledge;
2. RTCs must take judicial notice of ordinances in force in 3. It can be Oral or Written. (Sec. 4, Rule 129, ROC, as
NOTE: Public knowledge refers to matters coming to the municipalities within their jurisdiction only: amended)
the knowledge of men generally in the course of a. When expressly authorized to do so by statute; or
ordinary experiences of life, or matters which are

Effect of Judicial Admissions Procedure to be Followed in the Custody and Handling of Seized Dangerous Drugs (Sec. 21, Art. II of R.A. No. 9165, as
1. Lack of documentary stamp tax in documents, amended by R.A. No. 10640)
1. They do not require proof; and instruments, or papers required by law to be stamped
2. They cannot be contradicted because they are makes such documents inadmissible as evidence in Apprehending team shall, immediately after seizure and confiscation, make a physical inventory and photograph of the same in the
conclusive upon the party making it. (Solivio v. CA, G.R. court until the requisite stamp/s shall have been affixed presence of:
No. 83484, 12 Feb. 1990) thereto and cancelled. (Sec. 201, NIRC) 1. Accused or the person/s from which such items were confiscated and/or seized;
2. His/her representative or counsel; WITH
2. Any communication obtained by a person, not being 3. A representative of the National Prosecution Service (NPS) OR the media; AND
4. Any elected public official who shall be required to sign the copies of the inventory and be given a copy. (People v. Santos, G.R. No.
D. OBJECT (REAL) EVIDENCE authorized by all the parties to any private
243627, 27 Nov. 2019)
(RULE 130, A) communication, by tapping any wire/cable or using any
other device/arrangement to secretly
overhear/intercept/record such information by using
Nature of Object (Real) Evidence (2005 BAR) any device, shall not be admissible in evidence in any
judicial/quasi-judicial/legislative/administrative The objects seized must be submitted to PDEA for qualitative and quantitative examination within 24 hours from the confiscation/seizure.
Objects as evidence are those addressed to the senses of the hearing or investigation. (Secs. 1 and 4, R.A. No. 4200,
court. When an object is relevant to the fact in issue, it may Anti-Wire Tapping Act)
be exhibited to, examined or viewed by the court. (Sec. 1,
Rule 130, ROC, as amended) 3. Any confession, admission or statement obtained as a
The forensic laboratory examiner is required to issue within 24 hours after receipt of the drugs a certification of the forensic laboratory
result of torture shall be inadmissible in evidence in any
examination results which shall be done under oath.
It is not limited to the view of an object. It covers the entire proceedings, except if the same is used as evidence
range of human senses: hearing, taste, smell, and touch. against a person or persons accused of committing
(Riano, 2019) torture. (Sec. 8, R.A. No. 9745 or Anti Torture Act of 2009)
C. Under the Rules of Court, Rule 130 is the applicable

1. REQUISITES After filing of the criminal case, the court shall, within 72 hours, conduct an ocular inspection and the PDEA shall within 24 hours proceed
rule in determining the Admissibility of Evidence. with the destruction of the same.
(ReCo-A-C-O)
D. Court issuances, such as:
1. It must be Relevant and Competent;

1. Rules on Electronic Evidence, e.g., compliance with
authentication requirements for electronic evidence; Dangerous Drugs Board shall then issue a sworn certification as to the fact of destruction or burning to be submitted to the court. Also, to
2. It must be Authenticated;
2. Rule on Examination of Child Witness, e.g., sexual abuse be submitted are the representative samples (only minimum quantity) of the substances in the custody of PDEA.
shield rule; and
3. The authentication must be made by a Competent
3. Judicial Affidavit Rule.
witness who should identify the object to be the actual NOTE: The alleged offender or his/her representative or counsel shall be allowed to personally observe all the above
thing involved; and proceedings. His presence shall NOT constitute an admission of guilt.
4. The object must be formally Offered in evidence.

(Riano, 2019)
2. EXCLUSIONARY RULES
Evidence is admissible when it is relevant to the issue and

is not excluded by the Constitution, the law, or these rules.
A. Constitutional Exclusionary Rules
1. Unreasonable searches and seizures; (Sec. 2, Art. III,

1987 Constitution)
2. Privacy of communication and correspondence; (Sec. 3,
Art. III, 1987 Constitution)
3. Right to counsel, prohibition on torture, force, violence,
threat, intimidation, or other means which vitiate the
free will; prohibition on secret detention places,
solitary, incommunicado; and (Sec. 12, Art. III, 1987
Constitution)
4. Right against self-incrimination. (Sec. 17, Art. III, 1987
Constitution)
B. Statutory Exclusionary Rules

DNA EVIDENCE 2. The documents should be Authenticated and proved in XPNs: 1. By a copy of the original;
the manner provided in the Rules of Court. Such 2. By recital of the contents of the document in some
Post-conviction DNA Testing authentication must be done by a competent witness; 1. A genuine question is raised as to the authenticity of the authentic document; or
original; or 3. By the testimony of witnesses (Sec. 5, Rule 130, ROC, as
Post-conviction DNA testing may be available, without need 3. The documents should be identified and Marked; and amended)
of prior court order, to the prosecution or any person 2. In the circumstances, it is unjust or inequitable to admit
convicted by final and executory judgment, provided that: 4. They should be formally Offered to the court and shown the duplicate in lieu of the original. (Sec. 4, Rule 130, Requisites for Admissibility of Secondary Evidence
to the opposing party so that the latter may have the ROC, as amended) when the Original Document is in the Custody or
1. A biological sample exists; opportunity to object thereto. (Ramcar, Inc. v. Hi-Power Control of the Adverse party
2. Such sample is relevant to the case; and Marketing, G.R. No. 157075, 17 July 2006) 3. SECONDARY EVIDENCE
3. The testing would probably result in the reversal or 1. That the original exists;
modification of the judgment of conviction. (Sec. 5, A.M. 2. ORIGINAL DOCUMENT RULE Requisites before the Contents of the Original 2. That said document is under the custody or control of
No. 06-11-5-SC) (2012 BAR) Document may be proved by Secondary Evidence the adverse party;
The erstwhile “Best Evidence Rule” is now known as the (Laying the Basis/Laying the Predicate) (2000 BAR) 3. That the proponent of secondary evidence has given
Assessment of Probative Value of DNA Evidence and “Original Document Rule” in order to avoid confusion. the adverse party reasonable notice to produce the
Admissibility The offeror must prove the following: (E-C-U) original document; and
Meaning of the Rule
The courts must consider the following standards, known 1. The Execution or existence of the original document; 4. That the adverse party failed to produce the original
as the Vallejo Standards, in assessing the probative value GR: It provides that when the subject of the inquiry is the 2. The Cause of its unavailability; and document despite the reasonable notice. (Sec. 6, Rule
of DNA evidence: (2009, 2010 BAR) contents of the document, writing, recording, photograph 3. The Unavailability of the original is not due to bad faith 130, ROC, as amended)
or other record, no evidence shall be admissible other than on his or her part. (Sec. 5, Rule 130, ROC, as amended)
a. How the samples were collected; the original document itself. Requisites for the Admissibility of Secondary Evidence
b. How they were handled; NOTE: Accordingly, the correct order of proof is as follows: when the Original consists of Numerous Accounts
c. The possibility of contamination of the samples; XPNs: (Lo-Cus-Ju-N-Pu-C) existence, execution, loss, and contents. This order may
d. The procedure followed in analyzing the samples; be changed, if necessary, at the sound discretion of the 1. The original must consist of numerous accounts or
e. Whether the proper standards and procedures were 1. When the original is Lost, or destroyed, or cannot be court. (Citybank, N.A. MasterCard v. Teodoro, G.R. No. other documents;
followed in conducting the tests; and produced in court, without bad faith on the part of the 150905, 23 Sept. 2003) 2. They cannot be examined in court without great loss of
f. The qualification of the analyst who conducted the offeror; time or inconvenience; and (Riguera, 2020 citing
tests. (People v. Vallejo, G.R. No. 144656, 09 May 2002) Due Execution and Authenticity of Private Document Republic v. Mupas, G.R. No. 181892, 08 Sept. 2015)
2. When the original is in the Custody or under the control 3. The fact sought to be established from them is only the
of the party against whom the evidence is offered, and It may be proved by any of the following means: general result of the whole. (Sec. 7, Rule 130, ROC, as
E. DOCUMENTARY EVIDENCE the latter fails to produce it after reasonable notice, or amended)
(RULE 130, B) the original cannot be obtained by local Judicial 1. By anyone who saw the document executed or written;
processes or procedures; 2. By evidence of the genuineness of the signature or When Original Document is a Public Record (2000 BAR)
handwriting of the maker; or
3. When the original consists of Numerous accounts or 3. By other evidence showing its due execution and When the original of a document is in the custody of public
1. DEFINITION officer or is recorded in a public office, its contents may be
other documents which cannot be examined in court authenticity. (Sec. 20, Rule 132, ROC, as amended)
without great loss of time and the fact sought to be proved by a certified copy issued by the public officer in
Documents as evidence consist of writings, recording, custody thereof. (Sec. 8, Rule 130, ROC, as amended)
established from them is only the general result of the Proof of Loss or Destruction
photographs, or any material containing letters, words,
whole;
sounds, numbers, figures, symbols, or their equivalent, or
It may be proved by: 4. PAROL EVIDENCE RULE
other modes of written expressions, offered as proof of their
4. When the original is a Public record in the custody of a
contents. Photographs include still pictures, drawings,
public officer or is recorded in a public office; and 1. Any person who knew of such fact; Parol Evidence
stored images, x-ray films, motion picture or videos. (Sec. 2,
5. When the original is not closely related to a Controlling 2. Anyone who, in the judgment of the court, has made It is any evidence aliunde (extrinsic evidence) which is
issue. (Sec. 3, Rule 130, ROC, as amended) sufficient examination in the places where the intended or tends to vary or contradict a complete and
NOTE: Being writing or materials containing modes of
document or papers of similar character are usually enforceable agreement embodied in a document (Regalado,
written expressions do not ipso facto make such materials
When Applicable kept by the person in whose custody the document was 2008). It may refer to testimonial, real, or documentary
documentary evidence. For such writings or materials to be
and has been unable to find it; or evidence.
deemed documentary evidence, the same must be offered
1. The original document of the writing is the writing
as proof of their contents. (Riano, 2019)
itself; 3. Any person who has made any other investigation Requisites for the Application of the Rule
2. The contents of which is the subject of the inquiry; which is sufficient to satisfy the court that the
Requisites for Admissibility
and document is indeed lost. 1. There must be a valid contract;
3. The original document must be produced if the 2. The terms of the agreement must be reduced to writing.
The requisites for admissibility of documentary evidence
purpose is to prove its contents. (Tan, 2019) Order of Presentation of Secondary Evidence The term “agreement” includes wills;
are: (R-A-M-O)
3. The dispute is between the parties or their successors-
Admissibility of Duplicate Document Upon proof of its execution and loss of the original in-interest; and
1. The document should be Relevant;
document, its contents may be proved by the following, in 4. There is dispute as to the terms of the agreement.
GR: A duplicate is admissible to the same extent as an the order stated:
original.

Exceptions to Parol Evidence Rule examination in court or at the taking of the depositions. MARITAL/SPOUSAL PRIVILEGE attested document to which the lawyer is an attesting
Blood relationship does not disqualify a witness. (Bernardo, (Sec. 24(a), Rule 130) witness;
A party may present evidence to modify, explain or add to 2008)
the terms of the written agreement if he or she puts in issue Requisites for the Application of Marital Privilege e. Joint clients. As to a communication relevant to a
in a verified pleading the following: (F-I-V-E) Conviction of a Crime as a Ground for Disqualification matter of common interest between two or more
1. There must be a valid marriage between the husband clients if the communication was made by any of them
1. Failure of the written agreement to express the true GR: Conviction of a crime is not a ground for and wife; to a lawyer retained or consulted in common, when
intent of the parties thereto; (2001 BAR) disqualification as a witness. (Sec. 21, Rule 130, ROC, as 2. There is a communication received in confidence by offered in action between any of the clients, unless they
amended) one from the other; have expressly agreed otherwise. (Sec. 24(b), Rule 130,
2. Intrinsic ambiguity, mistake or imperfection in the 3. The confidential communication was received during ROC, as amended)
written agreement; XPNs: Otherwise provided by law, such as the following: the marriage; and (Riano, 2019)
4. The spouse against whom such evidence is being Applicability of the Rule regarding the Identity of the
3. Validity of the written agreement; or 1. Those who have been convicted of falsification of a offered has not given his or her consent to such Client
document, perjury or false testimony are prohibited testimony. (Regalado, 2008)
4. Existence of other terms agreed to by the parties or from being witnesses to a will; (Art. 821, NCC) GR: A lawyer may NOT invoke the privilege and refuse to
their successors in interest after the execution of the Cases when Marital Privilege is NOT Applicable divulge the name or identity of his client.
written agreement. (Sec. 10, Rule 130, ROC, as amended) 2. Those who have been convicted of an offense involving
moral turpitude cannot be discharged to become a a. In a civil case by one against the other; XPNs:
State witness; (Sec. 17, Rule 119, ROC, as amended) and b. In a criminal case for a crime committed by one against
F. TESTIMONIAL EVIDENCE the other or the latter’s direct descendants or 1. Where a strong possibility exists that revealing the
(RULE 130, C) 3. Those who fall under the disqualification provided ascendants; or (Sec. 24(a), Rule 130, ROC, as amended) client’s name would implicate the client in the very
under Secs. 23 and 24, Rule 130. c. Information acquired by a spouse before the marriage activity for which he sought the lawyer’s advice;
even if received confidentially will not fall squarely
a) DISQUALIFICATION within the privilege. (Riano, 2019) 2. Where disclosure would open the client to civil liability;
1. QUALIFICATIONS OF WITNESSES
BY REASON OF MARRIAGE or
ATTORNEY AND CLIENT
Who may be a Witness Requisites for the Applicability of Spousal Immunity (P- (Sec. 24(b), Rule 130) 3. Last Link Doctrine – Where the government’s lawyers
A person may be a witness if he or she: L-E-N) have no case against an attorney’s client unless, by
1. Can perceive; Requisites for the Privilege revealing the client’s name, the said name would
2. Can make known his perceptions to others; (Sec. 21, Rule 1. That the spouse for or against whom the testimony of furnish the only link that would form the chain of
130, ROC, as amended) the other is offered is a Party to the case; 1. There must be a communication made by the client to testimony necessary to convict an individual for a
3. Must take either an oath or an affirmation; and 2. That the spouses are Legally married (valid until the attorney, or and advice given by the attorney to his crime. (Regala v. Sandiganbayan, G.R. No. 105938, 03
4. Must not possess any of the disqualifications imposed by annulled); client; Sept. 1996)
law or the rules. (Riano, 2019) 3. That the testimony is offered during the Existence of 2. The communication or advice must be given in
the marriage; and confidence; and PHYSICIAN AND PATIENT
Factors that do not affect the Competency of a Witness 4. That the case is Not by one against the other. (Herrera, 3. The communication or advice must be given either in (Sec. 24(c), Rule 130)
1999) the course of the professional employment or with a
1. Religious belief;
view of professional employment. (Riano, 2019) Requisites for the Applicability of the Privilege
2. Political belief; Exceptions to Spousal Immunity
3. Interest in the outcome of the case; or
Cases when the Privilege is NOT Applicable 1. The privilege is claimed in a civil case;
4. Conviction of a crime, unless otherwise provided by 1. Consent is given by the party-spouse;
law. (Sec. 21, Rule 130, ROC, as amended) 2. In a civil case filed by one against the other; a. Furtherance of crime or fraud/“Future crime-fraud 2. The person against whom the privilege is claimed is a
3. In a criminal case for a crime committed by one against exception.” If the services or advice of the lawyer were physician, psychotherapist or a person reasonably
2. DISQUALIFICATIONS OF WITNESSES the other or the latter’s direct descendants or sought or obtained to enable or aid anyone to commit believed by the patient to be authorized to practice
ascendants; (Sec. 23, Rule 130, ROC, as amended) or plan to commit what the client knew or reasonably medicine or psychology; and
Disqualification of Witnesses 4. Where the testimony was made after the dissolution of should have known to be a crime or fraud;
1. Disqualification by reason of marriage or the marital the marriage; (Riano, 2019) or 3. It refers to any confidential communication made for
disqualification rule (Sec. 23, Rule 130, ROC, as 5. Where the spouse-party fails to raise the b. Claimants through some deceased client. As to the purpose of diagnosis or treatment of the patient’s
amended) disqualification, it is deemed a waiver. communication relevant to an issue between parties physical, mental, or emotional condition, including
2. Disqualification by reason of privileged who claim through the same deceased client, regardless alcohol or drug addiction.
b) DISQUALIFICATION BY REASON of whether the claims are by testate or intestate or by
communication: (M-A-D-Mi-Pu) OF PRIVILEGED COMMUNICATIONS;
a. Marital privilege; inter vivos transaction; NOTE: This privilege also applies to persons, including
RULE ON THIRD PARTIES
b. Attorney-client privilege; members of the patient’s family, who have participated in
c. Doctor-patient privilege; The communication shall remain privileged, even in the c. Breach of duty by lawyer or client/Self-defense the diagnosis or treatment of the patient under the
d. Minister-penitent privilege; or hands of a third person who may have obtained the exception. As to communication relevant to an issue of direction of the physician or psychotherapist.
e. Public officer as regards communications made in information, provided that the original parties to the breach of duty by the lawyer to his or her client, or by
official confidence. (Sec. 24, Rule 130, ROC, as communication took reasonable precaution to protect its the client to his or her lawyer; Information which CANNOT be Disclosed
amended) confidentiality. (Sec. 24, Rule 130, ROC, as amended) d. Document attested by the lawyer. As to a
NOTE: The qualifications and disqualifications of witnesses communication relevant to an issue concerning an 1. Any confidential communication made for the purpose
are determined as of the time they are produced for of diagnosis or treatment of the patient’s physical,

mental or emotional condition, including alcohol or to the relation by a disclosure of information. d) PRIVILEGE RELATING TO TRADE SECRETS RES INTER ALIOS ACTA RULE
drug addiction; and (Francisco, 1996)
A person cannot be compelled to testify about any trade Res inter alios acta alteri nocere non debet
2. Any information acquired by persons, including Requisites of Presidential Communications Privilege secret unless the non-disclosure will conceal fraud or
members of the patient’s family, who have participated otherwise work injustice. When disclosure is directed, the This principle literally means “things done between
in the diagnosis or treatment of the patient under the 1. The protected communication must relate to a court shall take such protective measure as the interest of strangers ought not to injure those who are not parties to
direction of the physician or psychotherapist. (Sec. “quintessential and non-delegable presidential power”; the owner of the trade secret and of the parties and the them.” (Dynamic Signmaker Outdoor Advertising Services,
24(c), Rule 130, ROC, as amended) furtherance of justice may require. (Sec. 26, Rule 130, ROC, Inc. v. Potongan, G.R. No. 156589, 27 June 2005)
2. The communication must be authored or “solicited and as amended)
PRIEST AND PENITENT received” by a close advisor of the president or the Admission by a Third Party
(Sec. 24(d), Rule 130) president himself. The judicial test is that an advisor Exception to the Application of the Privilege
must be in operational proximity with the president; The rights of a party cannot be prejudiced by an act,
Requisites for the Applicability of the Priest-Penitent The privilege is not absolute; the court may compel declaration, or omission of another. (Sec. 29, Rule 130, ROC,
Privilege (Pro-Con-Pen) 3. The presidential communication privilege remains a disclosure where it is indispensable for doing justice. (Ibid.) as amended)
qualified privilege that may be overcome by a showing
1. The communication, confession, or advice must have of adequate need, such that the information sought 3. TESTIMONIAL PRIVILEGE GR: The act, declaration or omission made out of court of a
been made to the priest in his or her Professional “likely contains important evidence” and by the party as to a relevant fact may be given in evidence against
character in the course of discipline enjoined by the unavailability of the information elsewhere by an Scope of Disqualification by reason of Privileged him but may not be given in evidence against another
church to which the minister or priest belongs; and appropriate investigating authority. (Neri v. Senate Communication person.
(Sec. 24(d), Rule 130, ROC, as amended) Committee on Accountability of Public Officers and
Investigations, G.R. No. 180643, 25 Mar. 2008) The disqualification by reason of privileged communication XPN: The act or omission of one party made out of court
2. Communications made must be Confidential and must applies to both civil and criminal cases except doctor- may be used as evidence against another when its
be Penitential in character, e.g., under the seal of the c) PARENTAL AND FILIAL PRIVILEGE RULE patient privilege, which is applicable only in civil cases. admission is made by:
confessional. (Regalado, 2008) Unless waived, the disqualification under Sec. 24, Rule 130
Two Types of Privileges under Sec. 25, Rule 130 remains even after the various relationships therein have a. A partner, during the existence of the partnership; (Sec.
Extent of the Priest-Penitent privilege ceased to exist. 30, Rule 130, ROC, as amended)
1. Parental privilege rule – a parent cannot be compelled b. An agent authorized by the party to make a statement
The communication must be made pursuant to confession to testify against his child or other direct descendants. concerning the subject or within the scope of his or her
4. ADMISSIONS AND CONFESSIONS
of sins. Where the penitent discussed business authority, during the existence of the agency; (Ibid.)
arrangements with the priest, the privilege does not apply. 2. Filial privilege rule – a child may not be compelled to c. A joint owner;
testify against his parents, or other direct descendants. Requisites for Admissions to be Admissible
(Riano, 2019) d. A joint debtor;
e. A person jointly interested with the party;
NOTE: An adopted child is covered by the rule. 1. They must involve matters of fact and not of law;
A third person who overheard the confession is not f. A conspirator; or
2. They must be categorical and definite;
disqualified. (Herrera, 1999) g. A privy or successor in interest. (Suarez and De la
Criminal Cases 3. They must be knowingly and voluntarily made; and
Banda, 2006)
4. They must be adverse to the admitter’s interests,
PUBLIC OFFICERS
GR: No descendant shall be compelled, in a criminal case, to otherwise it would be self-serving and inadmissible.
(Sec. 24(e), Rule 130) CONFESSIONS
testify against his parents and grandparents. (Regalado, 2008)
Requisites for its Application Requisites for the Admissibility of a Confession
XPNs: The descendant may be compelled to give his Admission vs. Confession
1. The holder of the privilege is the government, acting testimony in the following instances: 1. It must involve an express and categorical
ADMISSION CONFESSION
through a public officer; acknowledgement of guilt; (U.S. v. Corrales, 28 Phil. 362)
2. The communication was given to the public officer in 1. When such testimony is indispensable in a crime A statement of fact which A statement of fact which
official confidence; committed against said descendant; or does not involve an involves an 2. Facts admitted must be constitutive of a criminal
3. The communication was given during or after his or her 2. In a crime committed by one parent against the other. acknowledgment of guilt acknowledgment of guilt offense; (U.S. v. Flores, 26 Phil. 262)
tenure; and (Art. 215, Family Code) or liability. or liability.
4. The public interest would suffer by the disclosure of the May be made by third 3. It must have been given voluntarily; (People v.
Can be made only by the
communication. (Herrera, 1999) Q: A, married to B, killed the latter. One of the witnesses persons and in certain Nishishima, 57 Phil. 26)
party himself and, in some
was C, the mother of B, who was being compelled to cases, are admissible
instances, are admissible
Cases when the Privilege is Inapplicable and Disclosure testify against A. Can A object on the ground of parental against a party. 4. It must have been intelligently made (Bilaan v. Cusi, G.R.
against his co-accused.
will be Compelled privilege? No. L-18179, 29 June 1962), the accused realizing the
Applies to both criminal Applies only to criminal importance or legal significance of his act; (U.S. v.
1. The disclosure is useful to vindicate the innocence of an A: NO. C is not a direct ascendant of A but that of B, being and civil cases. cases. Agatea, 40 Phil. 596)
accused person; the mother of the latter. Thus, the privilege does not belong Must be express.
May be express or tacit.
2. To lessen risk of false testimony; to A. (Regalado, 2008) 5. There must have been no violation of Sec. 12, Art. III,
3. The disclosure is essential to the proper disposition of NOTE: The Child Witness Rule provides that every child is 1987 Constitution; and (Regalado, 2008)
the case; or presumed qualified to be a witness. (Sec. 6, A.M. NO. 004-07-
4. The benefit to be gained by a correct disposition of the SC or the Rule on Examination of a Child Witness, 21 Nov. 6. It must be in writing and signed by such person in the
litigation was greater than any injury which could inure 2000) presence of his counsel or in the latter’s absence, upon
a valid waiver and in the presence of any of the parents,

elder brothers and sisters, his spouse, the municipal 6. TESTIMONIAL KNOWLEDGE 3. The declarant would have been competent to testify 3. The declarant must be a relative of the person whose
mayor, the municipal judge, district school supervisor had he or she survived; and pedigree is in question, either by birth or marriage or
or priest or minister of the gospel as chosen by him or A witness can testify only to those facts which he or she adoption (Sec. 4, Rule 130, ROC, as amended) or in the
her. (Sec. 2(d), R.A. No. 7438) knows of his or her personal knowledge; that is, which are 4. The dying declaration is offered in a case in which the absence thereof, by person whose family he or she was
derived from his or her own perception. (Sec. 22, Rule 130, subject inquiry involves the declarant’s death. (People so intimately associated as to be likely to have accurate
Admissibility of Extrajudicial Confessions ROC) of the Philippines v. Gatarin, G.R. No. 198022, 7 Apr. information concerning his or her pedigree;
2014)
GR: An extrajudicial confession is not admissible against the 4. The declaration must be made ante litem motam or
7. HEARSAY AND EXCEPTIONS
confessor’s co-accused. Said confession is hearsay evidence STATEMENT OF DECEDENT before the controversy occurred; and
TO THE HEARSAY RULE
and violative of the res inter alios acta rule. OR A PERSON OF UNSOUND MIND
(Sec. 39, Rule 130) 5. The relationship between the declarant and the person
Meaning of Hearsay
XPN: It may be admitted in evidence against his co-accused whose pedigree is in question must be shown by
in the following cases: Requisites evidence other than such act or declaration. (Tecson v.
Hearsay is a statement other than one made by the
COMELEC, G.R. No. 161434, 03 Mar. 2004)
declarant while testifying at a trial or hearing, offered to
1. In case of implied acquiescence of the co-accused to the 1. There is an action against an executor or administrator
prove the truth of the facts asserted therein. (Sec. 37, Rule
extrajudicial confession; or another representative of a deceased person, or FAMILY REPUTATION
against a person of unsound mind; OR TRADITION REGARDING PEDIGREE
2. In case of interlocking confessions; (Sec. 42, Rule 130)
Exceptions to the Hearsay Rule (1999 BAR)
2. The action is upon a claim or demand against the estate
3. Where the accused admitted the facts stated by the of such deceased person or against such person of Requisites for the Admissibility of Family Reputation or
1. Dying declaration; (Sec. 38, Rule 130, ROC, as amended)
confessant after being apprised of such confession; unsound mind; Tradition Regarding Pedigree
2. Statement of decedent or person of unsound mind; (Sec.
3. A party or assignor of a party or a person in whose
4. If they are charged as co-conspirators of the crime behalf a case is prosecuted testifies on a matter of fact 1. There is controversy in respect to the pedigree of any
3. Declaration against interest; (Sec. 40, Rule 130, ROC, as
which was confessed by one of the accused and said occurring before the death of the deceased person or member of the family;
amended)
confession is used only as corroborating evidence; before the person became of unsound mind; 2. The reputation or tradition of the pedigree of the
4. Act or declaration about pedigree; (Sec. 41, Rule 130,
person concerned existed previous to the controversy;
ROC, as amended)
5. Where the confession is used as circumstantial 4. There was a statement made by the deceased or the 3. The statement is about the reputation or tradition of
5. Family reputation or tradition regarding pedigree; (Sec.
evidence to show the probability of participation by the person of unsound mind; the family in respect to the pedigree of any member of
co-conspirator; the family; and
6. Common reputation; (Sec. 43, Rule 130, ROC, as
5. Such statement was made upon the personal 4. The witness testifying to the reputation or tradition
amended)
6. When the confessant testified for his co-defendant; and knowledge of the deceased or the person of unsound regarding pedigree of the person concerned must be a
7. Part of res gestae; (Sec. 44, Rule 130, ROC, as amended)
mind at a time when: member of the family of said person either by
8. Records of regularly conducted business activity; (Sec.
7. Where the co-conspirator’s extrajudicial confession is a. the matter had been recently perceived by him or consanguinity, affinity or adoption.
corroborated by other evidence on record. (Regalado, her; and
9. Entries in official records; (Sec. 46, Rule 130, ROC, as
2008) b. while his or her recollection was clear. COMMON REPUTATION
amended)
(Sec. 43, Rule 130)
10. Commercial lists and the like; (Sec. 47, Rule 130, ROC, as
5. PREVIOUS CONDUCT AS EVIDENCE amended)
DECLARATION AGAINST INTEREST Common reputation existing previous to the controversy, as
11. Learned treatises.; (Sec. 48, Rule 130, ROC, as amended)
Similar Acts as Evidence (Sec. 40, Rule 130) to boundaries of or customs affecting lands in the
12. Testimony or deposition at a former proceeding; and
community and reputation as to events of general history
GR: Evidence that one did or did not do a certain thing at Requisites of Declaration against Interest important to the community, or respecting marriage or
13. Residual exception. (Sec. 50, Rule 130, ROC, as amended)
one time is not admissible to prove that he or she did or did moral character, may be given in evidence. Monuments and
not do the same or similar thing at another time. (Sec. 35, 1. The declarant is dead or unable to testify; inscriptions in public places may be received as evidence of
DYING DECLARATION
Rule 130, ROC, as amended) This is also referred to as the 2. The declaration relates to a fact against the interest of common reputation. (Sec 43, Rule 130, ROC, as amended)
(Sec. 38, Rule 130)
“Propensity Rule.” (2002 Bar) the declarant;
3. At the time he made said declaration, he was aware that PART OF THE RES GESTAE
The declaration of a dying person, made under the
XPNs: Evidence of similar or previous acts may be received the same was contrary to his interest; and (Sec. 44, Rule 130)
consciousness of an impending death, may be received in
to prove the following: 4. The declarant had no motive to falsify and believed
any case wherein his death is the subject of inquiry, as
(S-K-I-P-S-S-C-H-U-L) such declaration to be true. Requisites for the Admissibility of Res gestae
evidence of the cause and surrounding circumstances of
such death. (Sec. 38, Rule 130, ROC, as amended) (2017,
1. Specific intent; ACT OR DECLARATION ABOUT PEDIGREE 1. That the principal act, the res gestae, be a startling
2010, 2007, 1999, 1998, 1996, 1993, 1992, 1991 BAR)
2. Knowledge; (Sec. 41, Rule 130) occurrence;
3. Identity; Requisites for the Admissibility of a Dying Declaration
4. Plan; Requisites for the Admissibility of Acts or Declarations 2. The statements were made before the declarant had the
5. System; about Pedigree time to contrive or devise a falsehood; and
1. The declaration concerns the cause and the
6. Scheme; surrounding circumstances of the declarant’s death;
7. Custom; 1. The declarant is dead or unable to testify; 3. That the statements must concern the occurrence in
8. Habit; questions and its immediate attending circumstances.
2. It is made when death appears to be imminent and the
9. Usage; and 2. The pedigree should be in issue; (People of the Philippines v. Estibal, G.R. No. 208749, 26
declarant is under consciousness of an impending
10. The Like (Ibid.) Nov. 2014)
death;

4. Such is generally relied upon by them. (Estrada v. Desierto, supra) It merely proves the fact that a The opinion of a witness for which proper basis is given,
RECORDS OF REGULARLY CONDUCTED BUSINESS statement was made and not the truth of the fact asserted may be received in evidence regarding:
ACTIVITY LEARNED TREATISES in the statement. (2010, 2009, 2005, 1999 BAR)
(Sec. 45, Rule 130) (Sec. 48, Rule 130) 1. The identity of a person about whom he or she has
8. OPINION RULE adequate knowledge;
Requisites for the Admission of a Business Record as an Requisites for the Admissibility of Learned Treatises
Exception to the Hearsay Rule GR: The opinion of a witness is not admissible. (Sec. 51, Rule 2. A handwriting with which he or she has sufficient
1. When the court can take judicial notice of them; or 130, ROC, as amended) A witness testifies only with respect familiarity;
1. There is a memorandum, report or data compilation of 2. When an expert witness testifies that the author of such to facts personally observed by him and it is for the court to
acts, events, conditions, opinions, made by writing, is recognized as expert in that profession. (Sec. 48, Rule draw conclusions from the facts testified to. (2011 BAR) 3. The mental sanity of a person with whom he or she
typing, electronic, optical or other similar means; 130, ROC, as amended) is sufficiently acquainted; and (People v. Castillo,
XPNs: G.R. No. 1865333, 09 Aug. 2010)
2. The memorandum etc. is made at or near the time of the TESTIMONY OR DEPOSITION
act, event, etc.; AT A FORMER PROCEEDING 1. Opinion of expert witness; and 4. The witness’ impressions of the emotion, behavior,
(Sec. 49, Rule 130) 2. Opinion of ordinary witnesses. condition or appearance of a person. (Sec. 53, Rule
3. The memorandum etc., is made by, or from 130, ROC, as amended) (2005 BAR)
transmission or supply of information by, a person with Requisites for the Rule on Former Testimony to Apply Weight to be given Opinion of Expert Witness
knowledge of the act, event, etc.; 9. CHARACTER EVIDENCE
1. The witness is dead or unable to testify; In any case where the opinion of an expert witness is
4. The memorandum, etc. is kept in the regular course or received in evidence, the court has a wide latitude of Admissibility of Character Evidence
conduct of a business activity; 2. His testimony or deposition was given in a former case discretion in determining the weight to be given to such
or proceeding, judicial or administrative, between the opinion, and for that purpose may consider the following: GR: Evidence of a person’s character or a trait of character
5. It was the regular practice of the business activity to same parties or those representing the same interests; is INADMISSIBLE for the purpose of proving action in
make the memorandum, report, record or data 1. Whether the opinion is based upon sufficient facts or conformity therewith on a particular occasion, except as
compilation by writing, typing, electronic, optical or 3. The former case involved the same subject as that in the data; provided in the rules.
similar means; present case, although on different causes of action;
2. Whether it is the product of reliable principles and NOTE: The reason for this is that the evidence of a person’s
6. All of the foregoing conditions are shown by the 4. The issue testified to by the witness in the former trial methods; character does not prove that such person acted in
testimony of the custodian or other qualified witnesses. is the same issue involved in the present case; and conformity with such character or trait in a particular
(Riguera, 2020) 3. Whether the witness has applied the principles and occasion.
5. The adverse party had an opportunity to cross-examine methods reliably to the facts of the case; and
ENTRIES IN OFFICIAL RECORDS the witness in the former case. (Ambray v. Tsuorous, G.R. XPNs:
(Sec. 46, Rule 130) No. 209264, 05 July 2016) 4. Such other factors as the court may deem helpful to
make such determination. (Sec. 5, Rule 133, ROC, as CRIMINAL CASES
Requisites for the Admissibility of Entries in Official RESIDUAL EXCEPTION amended) As to the Accused
Records (K-P-O) (Sec. 50, Rule 130)
Handwriting Expert
1. Entrant had personal Knowledge of the facts stated by Requisites for Admissibility
him or such facts were acquired by him from reports The character of the offended party may be proved if it
The opinion of handwriting experts is not necessarily
made by persons under a legal duty to submit the same. 1. The statement, having equivalent circumstantial tends to establish in any reasonable degree the
binding upon the court, the expert’s function being to place
guarantees of trustworthiness, must not be covered by probability or improbability of the offense charged.
before the court data upon which the court can form its own
2. Entries were made by a Public officer in the any of the foregoing exceptions; opinion. This principle holds true especially when the
performance of his duties or by a person in the The accused may prove his or her good moral character
question involved is mere handwriting similarity or
performance of a duty especially enjoined by law; and 2. The statement is offered as evidence of a material fact; pertinent to the moral trait involved in the offense
dissimilarity, which can be determined by a visual
charged.
comparison of specimens of the questioned signatures with
3. Entries must have been made in Official records. 3. The statement is more probative on the point for which those of the currently existing ones. A finding of forgery
(Regalado, 2008) it is offered than any other evidence which the does not depend entirely on the testimonies of handwriting
proponent can procure through reasonable efforts; and experts, because the judge must conduct an independent As to the Prosecution
COMMERCIAL LISTS AND THE LIKE examination of the questioned signature in order to arrive They may not prove the bad moral character of the
(Sec. 47, Rule 130) 4. The general purposes of these rules and the interests of at a reasonable conclusion as to its authenticity. (Gepulle- accused which is pertinent to the moral trait involved in
justice will be best served by admission of the Garpo v. Sps. Garabato, G.R. No. 200013, 14 Jan. 2015) the offense charged, unless in rebuttal when the accused
Requisites for the Admissibility of Commercial Lists statement of evidence. (Sec. 50, Rule 130, ROC, as
opens the issue by introducing evidence of his good
and the like amended)
moral character.
Opinion of Ordinary Witness As to the Offended Party
1. Statements of matters of interest to persons engaged in Independently Relevant Statements
His good or bad moral character may be proved as long
an occupation; That which is given by a witness who is of ordinary capacity as it tends to establish in any reasonable degree the
2. Statements must be contained in a list, register, These are statements which are relevant independently of and who has by opportunity acquired a particular probability or improbability of the offense charged.
periodical, or other published compilation; whether they are true or not. They are neither hearsay nor knowledge which is outside the limits of common (2002, 2010 BAR)
3. Compilation is published for use by persons engaged in an exception to the hearsay rule as the purpose thereof is observation and which may be of value in elucidating a
that occupation; and not to prove the truth of the declaration or document. matter under consideration.

NOTE: In criminal cases, character evidence is inadmissible b. Estoppel by deed – A party to a property deed is 8. The question calls for a different mode of answer. 6. A child of tender years may be asked leading questions;
under the following situations: precluded from asserting, as against another party to (Sec. 10(c), Rule on Examination of a Child Witness, A.M.
the deed, any right or title in derogation of the deed, or a) RIGHTS AND OBLIGATIONS OF A WITNESS No. 004-07-SC)
1. In rebuttal, proof of the bad character of the victim is from denying the truth of any material fact asserted in
not admissible if the crime was committed through the deed . Rights of a Witness (P-D-E-A-R) 7. In all stages of examination of a child if the same will
treachery and premeditation; and further the interests of Justice. (Sec. 20, Rule on
Disputable Presumption 1. To be Protected from irrelevant, improper, or insulting Examination of a Child Witness, A.M. No. 004-07-SC)
2. In rape cases, the evidence of complainant’s past sexual questions, and from harsh or insulting demeanor;
conduct, or reputation or opinion thereof shall not be This refers to a presumption which is satisfactory if Misleading Question
admitted unless and only to the extent that the court uncontradicted but may be contradicted and overcome by 2. Not to be Detained longer than the interests of justice
finds that such evidence is material and relevant to the other evidence. (Sec. 3, Rule 131, ROC, as amended) require; A misleading question is one which assumes as true a fact
case. (Sec. 6, R.A. No. 8505) not yet testified to by the witness, or contrary to that which
3. Not to be Examined except only as to matters pertinent he or she has previously stated. It is NOT allowed. (Sec. 10,
H. PRESENTATION OF EVIDENCE to the issue; Rule 132, ROC, as amended)
G. BURDEN OF PROOF AND PRESUMPTIONS (RULE 132)
(RULE 131) 4. Not to give an Answer which will tend to subject him or c) IMPEACHMENT OF WITNESSES
her to a penalty for an offense unless otherwise
provided by law (right against self-incrimination); Ways of Impeaching an Adverse Party’s Witness
1. EXAMINATION OF WITNESSES
Presumption of Law vs. Presumption of Fact
5. Not to give an answer, which will tend to degrade his or 1. By contradictory evidence;
GR: The examination of witnesses presented in a trial or her Reputation, unless it be to the very fact at issue or 2. By evidence that his or her general reputation for truth,
PRESUMPTION hearing shall be done in open court, and under oath or
PRESUMPTION to a fact from which the fact in issue would be honesty or integrity is bad; or
OF FACT affirmation. Unless the witness is incapacitated to speak, or
OF LAW presumed. But a witness must answer to the fact of his 3. By evidence that he or she has made at other times
(PRAESUMPTIONES the question calls for a different mode of answer, the
(PRAESUMPTIONES JURIS) or her previous final conviction for an offense. (Sec. 3, statements inconsistent with his or her present
HOMINIS) answers of the witness shall be given orally. (Sec. 1, Rule Rule 132, ROC, as amended) testimony. (Sec. 11, Rule 132, ROC, as amended)
As to Definition 132, ROC, as amended)
It is a deduction which b) LEADING AND MISLEADING QUESTIONS NOTE: An adverse party’s witness may not be
XPNs: The testimony of the witness may not be given in impeached by evidence of particular wrongful acts,
It is a deduction which the reason draws from the
open court in the following cases: Leading Question except that it may be shown by the examination of the
law expressly directs to be facts proved without an
made from particular facts. express direction from It is one which suggests to the witness the answer which the witness, or record of the judgment, that he or she has
1. In civil cases, by depositions pursuant to and under the examining party desires. A leading question is generally not been convicted of an offense. (Ibid.)
law to that effect.
limitations of Rules 23 and 24; (Regalado, 2008) allowed. (Sec. 10, Rule 132, ROC, as amended)
As to Inference
Impeachment by Evidence of Conviction of Crime
A certain inference must be 2. In criminal cases, by depositions or conditional When a leading question is allowed (C-U-P-D-A-J)
Discretion is vested in the
made whenever the facts examinations, pursuant to Secs. 12-15, Rule 119, and
tribunal as to drawing the GR: For the purpose of impeaching a witness, evidence that
appear which furnish the Sec. 1, Rule 123, or by the records of the preliminary A leading question is allowed:
inference. he or she has been convicted by final judgment of a crime
basis of the inference. investigation, under the circumstances of Sec. 1(f) of shall be admitted if:
As to Basis Rule 115; (Regalado, 2008) 1. On Cross-examination;
Derived wholly and 1. The crime was punishable by a penalty in excess of one
3. In criminal cases covered by the Rule on Summary 2. Of an Unwilling witness or hostile witness; (1) year; or
directly from the
Reduced to fixed rules and Procedure, the affidavits of the parties shall constitute 2. The crime involved moral turpitude, regardless of the
circumstances of the
forms a part of the system of the direct testimonies of the witnesses who executed 3. On Preliminary matters; penalty.
particular case by means
jurisprudence the same; (Riano, 2019)
of the common
experience of mankind 4. When there is Difficulty in getting direct and intelligible XPN: Evidence of a conviction is not admissible if the
4. In civil cases covered by the Rules on Summary answers from a witness who is ignorant, or a child of conviction has been the subject of an amnesty or annulment
As to Requirements Procedure, the parties are merely required to submit tender years, or is of feeble mind, or a deaf-mute; of the conviction. (Sec. 12, Rule 132, ROC, as amended)
Need not be pleaded or the affidavits of their witnesses and other pieces of
proved if the facts on which Has to be pleaded and evidence on the factual issues, together with their NOTE: A witness may be considered as unwilling or Impeachment of a Witness by Evidence of Particular
they are based are duly proved position papers, setting forth the law and the facts hostile only if so declared by the court upon adequate Wrongful Acts
averred and established relied upon; (Riano, 2019) showing of his or her adverse interest, unjustified
reluctance to testify or his or her having misled the GR: A witness may NOT be impeached by evidence of
Classes of Conclusive Presumptions 5. Under the Judicial Affidavit Rule, the judicial affidavit party into calling him or her to the witness stand. (Sec. particular wrongful acts.
shall take the place of direct testimonies of witnesses; 13, Rule 132, ROC, as amended)
a. Estoppel in pais (Equitable Estoppel) – Whenever a (Sec. 2, Judicial Affidavit Rule) XPN: If it may be shown by the examination of the witness,
party has, by his or her own declaration, act or 5. Of a witness who is an Adverse party or an officer, or the record of the judgment, that he or she has been
omission, intentionally and deliberately led another to 6. Matters regarding the admissibility and evidentiary director, or managing agent of a public or private convicted of an offense. (Sec. 11, Rule 132, ROC, as amended)
believe a particular thing to be true, and to act upon weight of electronic documents may be proved by corporation or of a partnership or association which is
such belief, he cannot, in any litigation arising out of affidavits subject to cross by the adverse party; (Sec. 1, an adverse party; (Sec. 10, Rule 132, ROC, as amended) Impeachment by a Party of his of his or her Own
such declaration, act or omission, be permitted to Rule 9, Rules on Electronic Evidence) Witness
falsify it; and (Sec. 2(a), Rule 131, ROC, as amended)
7. If the witness is incapacitated to speak; and

GR: The party presenting the witness is not allowed to 2. The writing is a public document or record; (Sec. 19, Admissible as evidence Before any private Handwriting may be proved by:
impeach the credibility of such witness. Rule 132, ROC, as amended) without need of further document offered as
proof of its genuineness authentic is received in 1. A witness who actually saw the person writing the
XPN: The witness is an: 3. The writing is a notarial document acknowledged, and due execution. evidence, its due execution instrument;
proved or certified; (Sec. 30, Rule 132, ROC, as amended) and authenticity must first 2. A person who is familiar or has acquired knowledge of
1. Unwilling or hostile; be proved. the handwriting of such person, his opinion as to the
4. The genuineness and authenticity of an actionable As to persons bound handwriting being an exception to the opinion rule;
2. Adverse party; or document have not been specifically denied under oath Evidence even against Binds only the parties who 3. A comparison by the court of the questioned
by an adverse party; (Sec 8, Rule 8, ROC, as amended) third persons, of the fact executed them or their handwriting from the admitted genuine specimens
3. Officer, director, or managing agent of a public or which gave rise to its due privies, insofar as due thereof; or
private corporation or of a partnership or association 5. When such genuineness and due execution are execution and to the date execution and date of the 4. An expert witness. (Secs. 20 & 22, Rule 132; Sec. 52, Rule
which is an adverse party. (Sec. 13, Rule 132, ROC, as immaterial to the issue; of the latter. document are concerned. 130, ROC, as amended)
amended) As to validity of certain transactions
6. The genuineness and authenticity of the document Certain transactions must d) PUBLIC DOCUMENTS AS EVIDENCE;
NOTE: In these instances, such witnesses may be have been admitted; and (Sec 4, Rule 129, ROC, as be contained in a public PROOF OF OFFICIAL RECORD
impeached by the party presenting him or her in all respects amended) document; otherwise, they
as if he had been called by the adverse party, except by When a public officer in the performance of his or her duty
will not be given any
evidence of his or her bad character. (Ibid.) 7. The document is not being offered as genuine. (Sec. 20, makes an entry in the public record, the document of such
validity.
Rule 132, ROC, as amended) entry is deemed prima facie evidence of the facts stated in
How the Witness is Impeached by Evidence of the entry. (Sec. 24, Rule 132, ROC, as amended) Its probative
c) AUTHENTICATION OF A PRIVATE WRITING
Inconsistent Statements (Laying the Predicate) b) CLASSES OF DOCUMENTS value may either be substantiated or nullified by other
How to Prove the Due Execution and Authenticity of a competent evidence.
It is the duty of a party trying to impugn the testimony of a Public Document vs. Private Document Private Document
witness by means of prior or subsequent inconsistent Proof of Official Record
statements, whether oral or in writing, to give the witness a PUBLIC DOCUMENT PRIVATE DOCUMENT Before any private document offered as authentic is
chance to reconcile his conflicting declarations, such that it What comprises it received in evidence, its due execution and authenticity Official records are written official acts, or records of the
is only when no reasonable explanation is given by him that 1. The written official must be proved by any of the following means: official acts of the sovereign authority, official bodies and
he should be deemed impeached. (People v. Sambahon, G.R. acts, or records of the tribunals, and public officers, e.g., a written foreign law.
No. 182789, 03 Aug. 2010) official acts of the 1. By anyone who saw the document executed or written; Official records may be evidenced by:
sovereign authority, 2. By evidence of the genuineness of the signature or
Laying the Predicate in Impeaching a Witness by official bodies and handwriting of the maker; or 1. If it is within the Philippines:
Evidence of Prior Inconsistent Statements tribunals, and public 3. By other evidence showing its due execution and
officers, whether of the authenticity. a. An official publication thereof; or
1. The prior inconsistent statements must be related to Philippines, or of a b. By a copy attested by the officer having the legal
him or her, with the circumstances of the times and foreign country; Any other private document need only be identified as that custody of the record, or by his deputy. (Sec. 24,
places and the persons present; which it is claimed to be. (Sec. 20, Rule 132, ROC, as Rule 132, ROC, as amended)
2. Documents amended)
2. The witness must be asked whether he or she made acknowledged before a 2. If the office in which the record is kept is in a foreign
such statements, and if so, be allowed to explain them; notary public except Requisites of Ancient Document/Authentic Document country,
and last wills and Rule (2011 BAR)
testaments; a. An official publication thereof; or
All other writings are b. By a copy attested by the officer having the legal
3. If the statements be in writing it must be shown to the private. (Sec. 19, Rule 132, 1. That the private document be more than 30 years old;
witness before any question is put to him or her 3. Documents that are custody of the record, or by his deputy AND a
ROC, as amended)
concerning them. (Sec. 14, Rule 132, ROC, as amended) considered public 2. That it be produced from a custody in which it would certificate that such officer has the custody.
(1996 BAR) documents under naturally be found if genuine; and (Apostille Certificate or its equivalent) (Sec. 24,
treaties and Rule 132, ROC, as amended)
conventions which are NOTE: Ancient documents are considered from proper
2. AUTHENTICATION AND PROOF
OF DOCUMENTS in force between the custody if they come from a place from which they 3. OFFER AND OBJECTION
Philippines and the might reasonably be expected to be found. (Cerado-Siga
a) MEANING OF AUTHENTICATION country of source; and v. Cerado, Jr., G.R. No. 185374, 11 Mar. 2015) GR: The court shall consider only the evidence which has
been formally offered. The purpose for which the evidence is
It is the process of proving the due execution and 4. Public records, kept in 3. That it is unblemished by any alteration or offered must be specified. (Sec. 34, Rule 132, ROC, as
genuineness of a document. the Philippines, of circumstances of suspicion. (Sec. 21, Rule 132, ROC, as amended) (2007 BAR)
private documents amended)
When Authentication is NOT Required required by law to be XPNs:
entered therein. (Sec. NOTE: This rule applies only if there are no other witnesses
1. The writing is an ancient document; (Sec. 21, Rule 132, 19, Rule 132, ROC, as to determine authenticity. 1. Marked exhibits not formally offered may be admitted
ROC, as amended) amended) provided it complies with the following requisites:
As to authenticity Genuineness of Handwriting
and admissibility as evidence

a. Must be duly identified by testimony duly b) WHEN TO MAKE AN OBJECTION How Tender of Excluded Evidence is Made a. He faithfully recorded or caused to be recorded the
recorded; and questions he asked and the corresponding answers
b. Must have been incorporated in the records of the Time when Objection Should be Made 1. As to documentary or object evidence: It may have the that the witness gave; and
case; (Ramos v. Sps. Dizon, G.R. No. 137247, 07 Aug. same attached to or made part of the record. (Sec. 40, b. Neither he nor any other person present or assisting
2006) Objection to evidence offered orally must be made Rule 132, ROC, as amended) (1991, 1996 Bar) him coached the witness regarding the latter's
immediately after the offer is made. answers. (Sec. 4, JAR)
2. Under the Rule on Summary Procedure, where no full- NOTE: The party should ask that evidence ruled out at
blown trial is held in the interest of speedy 1. Objection to the testimony of a witness for lack of a the trial be attached to the record of case in order that Effect of Non-compliance with the Content and
administration of justice; formal offer – as soon as the witness begins to testify. same may be considered on appeal. (Bañez v. CA, G.R. Attestation Requirements
No. L-30351, 11 Sept. 1974)
3. In summary judgments under Rule 35 of the ROC, as 2. Objection to a question propounded in the course of The judicial affidavit shall not be admitted by the court in
amended, where the judge based his decisions on the the oral examination of a witness – as soon as the 2. As to oral evidence: It may state for the record the evidence. (Sec. 10(c), JAR)
pleadings, depositions, admissions, affidavits and grounds shall become reasonably apparent. (Sec. 36, name and other personal circumstances of the witness
documents filed with the court; Rule 132, ROC, as amended) and the substance of the proposed testimony. (Sec. 40, NOTE: The above provision, however, does not absolutely
Rule 132, ROC, as amended) bar the submission of a complaint replacement judicial
4. Documents whose contents are taken judicial notice of Rules on Continuing Objections affidavit as long as the replacement shall be submitted
by the court; before the hearing or trial and provided further that the
GR: When it becomes reasonably apparent in the course of I. JUDICIAL AFFIDAVIT RULE following requisites are met:
5. Documents whose contents are judicially admitted; the examination that the questions asked are of the same (A.M. No. 12-8-8-SC)
class as those to which objection has been made (whether 1. The submission shall be allowed only once;
6. Object evidence which could not be formally offered sustained or overruled), it shall not be necessary to repeat 2. The delay is for a valid cause;
because they have disappeared or have become lost the objection, it being sufficient for the adverse party to Contents of a Judicial Affidavit (2016 BAR) 3. The delay would not unduly prejudice the opposing
after they have been marked, identified and testified on record his continuing objection to such class of questions. party; and
and described in the record and became the subject of (Sec. 37, Rule 132, ROC, as amended) A judicial affidavit shall be prepared in a language known to 4. The public or private counsel responsible for the
cross-examination of the witness who testified on them the witness and, if not in English or Filipino, accompanied preparation and submission of the affidavit pays a fine
during the trial; (Tabuena v. CA, G.R. No. 85423, 06 May XPNs: by a translation in English or Filipino, and shall contain the of not less than P1,000.00 nor more than P5,000.00, at
1991) or 1. Where the question has not been answered, it is following: the discretion of the court.
necessary to repeat the objection when the evidence is
7. Documents and affidavits used in deciding quasi- again offered or the question is again asked; 1. The name, age, residence or business address, and Application to Criminal Actions
judicial or administrative cases. (Bantolino v. Coca-Cola occupation of the witness;
Bottlers Phils. Inc., G.R. No. 153660, 10 June 2003) 2. Incompetency is shown later; The judicial affidavit rule shall apply to all criminal actions:
2. The name and address of the lawyer who conducts or
a) WHEN TO MAKE AN OFFER 3. Where objection refers to preliminary question, supervises the examination of the witness and the place 1. Where the maximum of the imposable penalty does not
objection must be repeated when the same question is where the examination is being held; exceed six years;
TESTIMONIAL EVIDENCE DOCUMENTARY AND again asked during the introduction of actual evidence;
OBJECT EVIDENCE 4. Objection to evidence was sustained but reoffered at a 3. A statement that the witness is answering the questions 2. Where the accused agrees to the use of judicial
The offer of the testimony The offer of documentary later stage of the trial; asked of him, fully conscious that he does so under oath, affidavits, irrespective of the penalty involved; or
of a witness in evidence and object evidence shall and that he may face criminal liability for false
must be made at the time be made after the 5. Evidence is admitted on condition that its competency testimony or perjury; 3. With respect to the civil aspect of the actions, whatever
the witness is called to presentation of a party’s or relevancy be shown by further evidence and the the penalties involved are. (Sec. 9, JAR)
testify. (Sec. 35, Rule 132, testimonial evidence. (Sec. condition is not fulfilled, the objection formerly 4. Questions asked of the witness and his corresponding
ROC, as amended) (2009 35, Rule 132, ROC, as interposed must be repeated or a motion to strike out answers, consecutively numbered, that:
BAR) amended) the evidence must be made; and
The evidence is only a. Show the circumstances under which the witness
offered once, after all the 6. Where the court reserves the ruling on objection, the acquired the facts upon which he testifies;
testimonial evidence are objecting party must request a ruling or repeat the b. Elicit from him those facts which are relevant to the
offered and prior to the objection. issues that the case presents; and
resting of the case for a c. Identify the attached documentary and object
Every time a new witness
party. c) TENDER OF EXCLUDED EVIDENCE evidence and establish their authenticity in
is called to testify, there
must be an offer of accordance with the Rules of Court;
NOTE: The presentation of Tender of Excluded Evidence (2017 BAR)
evidence.
a documentary or object 5. The signature of the witness over his printed name;
evidence for marking and When an attorney is not allowed by the court to present
identification during trial testimony which he thinks is competent, material and
6. A jurat with the signature of the notary public who
is not the offer necessary to prove his case, he must make an offer of proof.
administers the oath or an officer who is authorized by
contemplated in the rules. This is the method properly preserving the record to the
law to administer the same. (Sec. 3, JAR); and
(Riano, 2019) end that the question may be saved for purposes of review.
(Caraig, 2004)
7. A sworn attestation by the lawyer who conducted or
supervised the examination of the witness attesting to
the following:

REMEDIAL LAW
Copies as Equivalents of the Originals
J. WEIGHT AND SUFFICIENCY OF EVIDENCE
(RULE 133) GR: Copies or duplicates shall be regarded as the equivalent
of the original when:
1. A document is in two or more copies executed at or

Hierarchy of Quantum of Evidence
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
are accurately reproduces the original. (Sec. 2, Rule 4,
A.M. No.01-07-01-SC)
Manner of Authentication of Electronic Signatures
1. By evidence that a method or process was utilized to

establish a digital signature and verify the same;
2. By any other means provided by law; or
3. By any other means satisfactory to the judge as
establishing the genuineness of the electronic
signature. (Sec. 2, Rule 6, A.M. No.01-07-01-SC)
Audio, Video, and Similar Evidence
Audio, photographic and video evidence of events, acts or

transactions shall be admissible provided it shall be shown,
presented or displayed to the court and shall be identified,
explained or authenticated by the person who made the
recording or by some other person competent to testify on
When Circumstantial Evidence is Sufficient for its accuracy. (Sec. 1, Rule 11, A.M. No.01-07-01-SC)
Conviction (2017 BAR)
Ephemeral Electronic Communication
1. There are more than one circumstances;
2. The facts from which the inferences are derived are Telephone conversations, text messages, chatroom
proven; and sessions, streaming audio, streaming video, and other
3. The combination of all the circumstances is such as to electronic forms of communication the evidence of which is
produce a conviction beyond reasonable doubt. (Sec. 4, not recorded or retained. (Sec. 1(k), Rule 2, A.M. No.01-07-
Rule 133, ROC, as amended) 01-SC)
By analogy, a deleted Facebook post may be admitted as

K. RULES ON ELECTRONIC EVIDENCE an ephemeral electronic communication subject to the
(A.M. No. 01-7-01-SC) exclusionary rule of whether it was illegally obtained or not.
Q: Is the printout of a photograph from your mobile

Admissibility phone showing a fly in the soup you ordered admissible
1. It must comply with the rules on admissibility evidence in an action for damages against the
prescribed by the Rules of Court and related laws; and restaurant owner? Explain briefly. (2020-21 BAR)
2. If must be authenticated in the manner prescribed by A: YES. The printout of a photograph from a mobile phone
these Rules. is admissible in evidence. Under the Rules on Evidence, if a
document or data is stored in a computer or similar device,
Original of an Electronic Document any printout therefrom is an original and thus admissible in
evidence. (Sec. 4(a), Rules 130, ROC, as Amended)
An electronic document shall be regarded as the equivalent
of an original document under the Best Evidence Rule if it is Here, the mobile phone is a device which is similar to a
a printout or output readable by sight or other means, computer. A photograph is considered as a document under
shown to reflect the data accurately. (Sec. 1, Rule 4, A.M. the Rules on Evidence. (Sec. 2, Rule 130, ROC, as amended)
No.01-07-01-SC) Hence, the printout of the photograph is an original and
thus admissible in evidence.
UNIVERSITY OF SANTO TOMAS 142

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University of Santo Tomas

FACULTY OF CIVIL LAW (1734)

SECRETARIES-GENERAL: Angela Beatrice S. Peña & Katherine S. Policarpio

REMEDIAL LAW PRE-WEEK COMMITTEE

SUBJECT HEAD FOR REMEDIAL LAW: Mikkah F. Factor

THE RISK OF USE OF THIS BAR

REVIEW MATERIAL SHALL BE

BORNE BY THE USER

1 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 2 3 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 4 5 UNIVERSITY OF SANTO TOMAS

Petitions for issuance of writ of Kalikasan (Sec. 3, Rule

Appeals from RTC in which only errors or questions of law are

a. NLRC under the Labor Code;

Petitions for issuance of writs of certiorari, prohibition and

b. Civil Service Commission;

UNIVERSITY OF SANTO TOMAS 6 7 UNIVERSITY OF SANTO TOMAS

2. COURT OF APPEALS 3. COURT OF TAX APPEALS

CIVIL CASES CRIMINAL CASES TAX CASES CRIMINAL CASES

UNIVERSITY OF SANTO TOMAS 8 9 UNIVERSITY OF SANTO TOMAS

4. SANDIGANBAYAN Exclusive Original

UNIVERSITY OF SANTO TOMAS 10 11 UNIVERSITY OF SANTO TOMAS

a. Women – involving acts of gender-based violence

b. Children – which include the commission of all forms

UNIVERSITY OF SANTO TOMAS 12 13 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 14 15 UNIVERSITY OF SANTO TOMAS

Jurisdiction over the 2. For disputes between residents of different

4. For disputes arising at the workplace

Civil Cases Covered

UNIVERSITY OF SANTO TOMAS 16 17 UNIVERSITY OF SANTO TOMAS

8. Any complaint by or against corporations,

UNIVERSITY OF SANTO TOMAS 18 19 UNIVERSITY OF SANTO TOMAS

III. CIVIL PROCEDURE B. KINDS OF ACTION

A. GENERAL PROVISIONS When it is founded upon 2. In Personam

REAL ACTION PERSONAL ACTION

UNIVERSITY OF SANTO TOMAS 20 21 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 22 23 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 24 25 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 26 27 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 28 29 UNIVERSITY OF SANTO TOMAS

Upon actual receipt of the

1. Affidavit of mailer stating

Electronic Mail, Facsimile Other Electronic Means

UNIVERSITY OF SANTO TOMAS 30 31 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 32 33 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 34 35 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 36 37 UNIVERSITY OF SANTO TOMAS

DISMISSAL UPON MOTION

UNIVERSITY OF SANTO TOMAS 38 39 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 40 41 UNIVERSITY OF SANTO TOMAS

1. DEPOSITIONS Complainant Mary Jane Veloso by Deposition Upon

UNIVERSITY OF SANTO TOMAS 42 43

UNIVERSITY OF SANTO TOMAS 44 45 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 46 47 UNIVERSITY OF SANTO TOMAS

Requisites Rule under Summary Procedure and Small Claims

48 49 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 50 51 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 52 53 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 54 55 UNIVERSITY OF SANTO TOMAS