REMEDIAL LAW BAR EXAMINATION QUESTIONS (TRENDING) COVERAGE 2000 to 2014
for performance of a legal duty therein specified. (Section 3, Rule 65, ROC ) Forcible entry and unlawful detainer (12 times)
Forcible entry vs. Unlawful detainer
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I. Civil Procedure (289 times) Special civil actions (53 times) Certiorari, prohibition and mandamus (20 times) Writ of Certiorari : Issued by a superior court to inferior courts, board or officer exercising judicial or quasi-judicial functions whereby the case is elevated for review and correction in matters of law. ( Section 1, Rule 65, ROC ) Petition for Prohibition: Order to prevent inferior courts or other tribunals, corporations, corporations, boards, officers or persons, from usurping or exercising a jurisdiction not v ested by law, or prevent unlawful and oppressive exercise of legal authority. ( Section 2, Rule 65, ROC ) Petition for Mandamus: Mandamus: Command directed to inferior courts, tribunal or board or to some corporation or person,
Forcible entry: entry: Unlawful possession of land due to force, intimidation, threat, strategy or stealth. No requirement for demand to vacate. Plaintiff was in prior physical possession until he was deprived thereof. 1-year period counted from date of actual entry or when plaintiff learned thereof. (Section 1, Rule 70, ROC ) Unlawful detainer: Possession detainer: Possession of defendant is inceptively lawful but becomes illegal by reason of termination of right of possession. Demand is jurisdictional. jurisdictional. Plaintiff need not be in prior physical possession. 1-year period from date of last demand. (Section 1, Rule 70, ROC ) In an action for forcible entry, the plaintiff must prove that he was in prior possession of the land or building and that he was deprived thereof by means of force, intimidation, threat, strategy or stealth. (Benitez vs. CA, 266 SCRA 242). It must be stressed that he cannot succeed where it appears that, as between himself and the defendant, the latter had a possession antedating his own. ( Masallo vs. Cesar, 39 Phil. 134 ) In ejectment cases, the one-year period is counted from the date of last demand. If there are several demands, the oneyear period is counted from the last demand. (Pacis vs. C.A, February 3, 1993; Sps. Peñas vs. CA, 53 SCAD 129, G.R. No. 112734, July 7, 1994 ). 1
Previous demand to vacate is not necessary where ejectment suit is based on expiration of the term. It is required only when the action is for failure to pay rent due or to comply with the conditions of his lease. ( Racaza vs. Susana Realty Co., 18 SCRA 1172 ) In forcible entry cases where entry is through stealth, the one-year period should be counted from the date of discovery and prohibition. (Elave vs. CA, April 26, 1989 ) All actions for forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered, shall be governed by the summary procedure. The rule admits of exceptions like those cases covered by the agricultural tenancy laws or when the law otherwise expressly provides. ( Sec. 3)
any, shall be entitled to the possession of the property unless a third party is actually holding the same adversely to the judgment obligor. The said purchaser or last redemptioner may secure a writ of possession, upon motion, from the court which ordered the foreclosure. (Sec. 3; see also Ramos vs. Manalac, 89 Phil. 270 ) As a general rule, there is no right of redemption in a judicial foreclosure of mortgage. The only exemption is when the mortgagee is the Philippine National Bank or a bank or a banking institution. If not by the said institutions, the mortgagors merely have an equity of redemption, which is simply their right, as mortgagor, to extinguish the mortgage and retain ownership of the property by paying the secured debt prior to the confirmation confirmation of the foreclosure sale. (Sps. Rosales vs. Sps. Suba, et al., G.R. No. 137792, August 12, 2003)
Foreclosure of real estate mortgage (8 times)
Expropriation (4 times)
Commenced by a complaint setting forth the date and due execution of the mortgage; the names and residences of the mortgagor and the mortgagee; a description of the mortgaged property; property; date of th e note or other documentary evidence of the obligation secured by the mortgage, the amount claimed to be unpaid thereon; and the names and residences of all persons having or claiming an interest in the property subordinate in right to that of the h older of the mortgage (Section 1, Rule 68, ROC ). ).
An exercise of the State‗s power State‗s power of eminent domain wherein the government takes a private property for public purpose upon payment of just compensation. (Section 1, Rule 67, ROC )
Upon the finality of the order of confirmation or upon the expiration of the period of redemption when allowed by law, the purchaser at the auction sale or last redemptioner, if
Stages in expropriation (1) Determination by the court of the authority to exercise it and the propriety of the grant; (2) determination of compensation by the three (3) commissioners designated by the court. The designation is compulsory. ( NPC vs. Jocson, 205 SCRA 520 [1992])
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Previous demand to vacate is not necessary where ejectment suit is based on expiration of the term. It is required only when the action is for failure to pay rent due or to comply with the conditions of his lease. ( Racaza vs. Susana Realty Co., 18 SCRA 1172 ) In forcible entry cases where entry is through stealth, the one-year period should be counted from the date of discovery and prohibition. (Elave vs. CA, April 26, 1989 ) All actions for forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered, shall be governed by the summary procedure. The rule admits of exceptions like those cases covered by the agricultural tenancy laws or when the law otherwise expressly provides. ( Sec. 3)
any, shall be entitled to the possession of the property unless a third party is actually holding the same adversely to the judgment obligor. The said purchaser or last redemptioner may secure a writ of possession, upon motion, from the court which ordered the foreclosure. (Sec. 3; see also Ramos vs. Manalac, 89 Phil. 270 ) As a general rule, there is no right of redemption in a judicial foreclosure of mortgage. The only exemption is when the mortgagee is the Philippine National Bank or a bank or a banking institution. If not by the said institutions, the mortgagors merely have an equity of redemption, which is simply their right, as mortgagor, to extinguish the mortgage and retain ownership of the property by paying the secured debt prior to the confirmation confirmation of the foreclosure sale. (Sps. Rosales vs. Sps. Suba, et al., G.R. No. 137792, August 12, 2003)
Foreclosure of real estate mortgage (8 times)
Expropriation (4 times)
Commenced by a complaint setting forth the date and due execution of the mortgage; the names and residences of the mortgagor and the mortgagee; a description of the mortgaged property; property; date of th e note or other documentary evidence of the obligation secured by the mortgage, the amount claimed to be unpaid thereon; and the names and residences of all persons having or claiming an interest in the property subordinate in right to that of the h older of the mortgage (Section 1, Rule 68, ROC ). ).
An exercise of the State‗s power State‗s power of eminent domain wherein the government takes a private property for public purpose upon payment of just compensation. (Section 1, Rule 67, ROC )
Upon the finality of the order of confirmation or upon the expiration of the period of redemption when allowed by law, the purchaser at the auction sale or last redemptioner, if
Stages in expropriation (1) Determination by the court of the authority to exercise it and the propriety of the grant; (2) determination of compensation by the three (3) commissioners designated by the court. The designation is compulsory. ( NPC vs. Jocson, 205 SCRA 520 [1992])
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The aggrieved party may appeal in an expropriation case, but such appeal shall not prevent the court from determining the just compensation to be paid. (Sec. 4; Mun. of Biñan vs. Garcia, 180 SCRA 5 76) In rendering the order of expropriation, the court shall appoint not more than three (3) competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be taken. (Sec. 5 ) Contempt (4 times) A disregard of, or disobedience to the rules or orders of a judicial body or an interruption of its proceedings by disorderly behavior or insolent language, in its presence or so near thereto as to disturb the proceedings or to impair the respect due to such body. ( Section 1, Rule 71, ROC )
Remedy if person in cited in contempt He may not appeal but he may avail himself of the remedies of certiorari or prohibition. ( Section 2; see also Austria vs. Masaquel, 20 SCRA 1247; Royeca vs. Animals, 71 SCRA 1 )
Acts that may constitute indirect contempt
jurisdiction, enters or attempts or induces another to enter into or upon such real property, for the purpose of executing acts of ownership or possession or in any manner disturbs the possession given to the person adjudged to be entitled thereto; (c) Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule; (d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration administration of justice; (e) Assuming to be an attorney or an officer of a court, and acting as such without authority; (f) Failure to obey a subpoena duly served; (g) The rescue or attempted rescue of a person or property in the custody of an officer by virtue of an order or process of a court held by him. ( Sec. 3)
Forum shopping, punishable for contempt It is so because it is a deplorable practice, resulting in the unnecessary clogging of the already heavily burdened dockets of the courts. (Ruiz vs. Drilon, 209 SCRA 695 [1992]) Partition (2 times)
(a) Misbehavior of an officer of a court in the performance of his official duties or in his official transactions; (b)
The process of dividing and assigning property owned in common among the various co-owners thereof in proportion to their respective interests in the property. ( Section 1, Rule 69, ROC )
Disobedience of or resistance to a lawful writ, process, order or judgment of a court, court, including the the act of a person person who, after being dispossessed or ejected from any real property by the judgment or process of any court of competent
A person having the right to compel partition of real estate may file a complaint for partition, setting forth the nature and extent of his title and an adequate description of the 3
real estate of which partition is demanded, and joining as defendants all other persons interested in the property. (Section 1, Rule 69 )
parties impleaded must make effective claims; (4) The ALBANO, subject matter must be one and the same. ( ALBANO, Remedial Law Reviewer, 2014)
In a complaint for partition, the plaintiff seeks (1) a declaration that he is a co-owner of the subject properties; (2) the conveyance of his lawful shares. ( Vda. De Daffon vs. CA, et al., G.R. No. 129017, August 20, 2002 )
Declaratory reliefs and similar remedies (1 time)
Nature of judgment in partition Jurisprudentially, it is final and duly appealable, notwithstanding the fact that further proceedings will still have to take place in the trial. ( Leonardo Lim de Mesa vs. CA, et al., supra ) Interpleader (1 time) A special civil remedy where a person, who has property (personal or real) in his possession or an obligation to perform, either wholly or partially, without claiming any right to either, or who claims no interest in the subject, or whose interest, in whole or in part, is not disputed by others, goes to court and asks that conflicting claimants to the property, or obligation be required to litigate among themselves in order to determine finally who is entitled to the same. (Section 1, Rule 62, ROC )
Petition to ask the court to make a proper interpretation of a written instrument or a statute, executive order, ordinance or other governmental regulation. It also adjudicates the legal rights, duties or status of parties. (Section 1, Rule 63, ROC )
Where to file petition for declaratory relief It shall be filed with the Regional Trial Court which has exclusive original jurisdiction. ( Section 19[1] B.P. Blg. 129; Section 1, Rule 63 ). In fact, it has been held that it is not within the original jurisdiction of the Supreme Court. ( Alliance of Gov’t. Workers vs. Min. of Labor and Employment, 124 SCRA 1) Quo warranto (1 time)
Requisites of an interpleader
Remedy or proceeding by which the state determines the legality of a claim which a party asserts to the use or exercise of an office or franchise and ousts the holder from its enjoyment, if the claim is not well founded, or if the right to enjoy the privilege has been forfeited or lost. (Section 1, Rule 66, ROC )
(1) The plaintiff must not claim interest in the subject matter or that his claim is not disputed; (2) There must be at least two or more conflicting claimants; (3) The
An action for quo warranto may be brought by the Solicitor General or a public prosecutor, when directed by the President of the Philippines, or when upon complaint or 4
otherwise he has good reason to believe that any case falling under Section 1 of Rule 66 can be established. (Section 2) An action for quo warranto may be filed against (a) A person who usurps, intrudes into or unlawfully holds or exercises a public office, position or franchise; (b) A public officer who does or suffers an act which, by the provision of law, constitutes a ground for the forfeiture of his office; (c) An association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority so to act. ( Section 1, Rule 66)
Body Signature and address: complaint must be signed by the plaintiff or counsel representing him indicating his address. This address should not be a post office box. Verification: It is verified by an affidavit. This affidavit declares that the: (1) Affiant has read the pleading; and (2) Allegations therein are true and correct of his personal knowledge or based on authentic records (Sec. 4, Rule 7)
How are pleadings filed? Venue of an action for Quo Warranto An action for quo warranto can be brought only in the Supreme Court, the Court of Appeals or in the Regional Trial Court exercising jurisdiction over the territorial area where the respondent or any of the respondents resides, but when the Solicitor General commences the action, it may be brought in a Regional Trial Court in the City of Manila, in the Court of Appeals or in the Supreme Court. (Section 7)
Pleadings (41 times) Parts of a pleading(Certificate pleading(Certificate of Non-Forum Shopping)
(11 times) Caption Sets forth the name of the court, the title of the action, and the docket number, if assigned. (Section 1, Rule 7, ROC)
The filing of pleadings, appearances, motions, notices, orders, and others papers with the court shall be made by filing personally with the clerk of court or by sending them by registered mail. ( Section 1, Rule 13 )
How service of pleadings be made? Service of pleadings, motions, notices, orders, judgments, and other papers shall be made either personally or by mail. (Section 1, Rule 13 ) If service cannot be made personally or by mail, it should be made by delivering the copy to the clerk of court, with proof of failure of both modes of service, whether personal or by mail. The service is complete at the time of such delivery. (Section 6; see also Mellon Bank, N.A. vs. Magsino, 190 SCRA 636)
Certification against forum-shopping 5
Mandatory requirement in filing a complaint and other initiatory pleadings asserting a claim or relief (Sec. 5, Rule 7). This rule applies as well to special civil actions since rules for ordinary civil action are suppletory. Kinds of Pleadings (9 times)
Complaint:concise statement of the ultimate facts constituting the plaintiff‘s cause or causes of action, with a specification of the relief sought but it may add a general prayer for such further relief as may be deemed just or equitable. Counterclaim:claim which a defending party may have against an opposing party (Section 6, Rule 6, ROC). It partakes of a complaint by the defendant against the plaintiff. Compulsory Counterclaim: One which arises out of or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing party‘s claim (Section 7, Rule 6, ROC ) Permissive Counterclaim: It does not arise out of nor is it necessarily connected with the subject matter of the opposing party‘s claim. Cross-claims: (1) A claim by one party against a co-party; (2) It must arise out of the subject matter of the complaint or of the counterclaim; and (3) The cross-claimant is prejudiced by the claim against him by the opposing party. (Section 8, Rule 6, ROC )
Third (fourth, etc.) party complaints: a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.) party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim. (Section 11, Rule 6, ROC) Complaint-in-intervention:intervention pleading filed for the purpose of asserting a claim against either or all of the original parties. Reply:The plaintiff‘s response to the defendant's answer, (a) the function of which is to deny or allege facts in denial or in avoidance of new matters alleged by way of defense in the answer and (b) thereby join or make issue as to such new matters. Amendment (8 times) Matter of right: A plaintiff has the right to amend his complaint once, at any time before a responsive pleading is served by the other party or in case of a reply to which there is no responsive pleading, at any time within ten (10) days after it is served. ( Section 2, Rule 10, ROC ) Amendment by leave of court : leave of court is required for substantial amendments made after service of a responsive pleading. (Section 3, Rule 10, ROC ) Amendment of pleadings should be allowed to avoid multiplicity of suits and in order that the real controversies between the parties are presented and the case decided on the merits without unnecessary delays. (Calabit vs. Villanueva, March 15, 1985 ) 6
Even if a Motion for Leave to Amend was filed after the dismissal of the complaint, the motion will still be admitted for as long as the dismissal has not yet become final, otherwise, there is nothing more to amend. (DaudenHernaez vs. De los Angeles, 27 SCRA 1277; Constantino vs. Reyes, 8 SCRA 379 )
Procedure for amendment There must be a motion for leave to admit an amended pleading if it is filed after the dismissal of the complaint but before the finality of the order of dismissal. ( Salvador vs. Frio, 33 SCRA 315 ) Allegations in a pleading (7 times) Contents of a pleading Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on which the party relies for his claim or defense, as the case may be, containing the statement of mere evidentiary facts. ( Sec. 1, Rule 8; Metropolitan Bank vs. Quilts and All, Inc., 41 SCAD 656, 228 SCRA 486)
Actionable document It is a document or instrument which is the basis of a cause of action or defense, and not merely evidentiary thereon. ( Araneta, Inc. vs. Lyric Film Exchange, Inc., 58 Phil. 736 )
Effect if the defendant fails to deny under oath
It is deemed admitted or conclusively established. ( ITM, Inc. vs. CA, et al., supra., citing Songco vs. Selluer, 37 Phil. 254 [1971]); Phil. Com. and Industrial Bank vs. ELRO Dev’t Corp., 29 SCRA 38 [1969] )
Negative Pregnant It is an admission in avoidance. In Galofa vs. Nee Bon Sing, 22 SCRA 48, it was said that if defendant‘s denial is a negative pregnant, it is equivalent to an admission in avoidance. Effect of failure to plead (5 times) Defenses or objections not pleaded either in a motion to dismiss or in the answer, are deemed waived, except: a) When it appears from the pleading or the pieces of evidence on record that the court has no jurisdiction over the subject matter; b) That there is another action pending between the same parties for the same cause; c) That the action is barred by the statute of limitations (same as Sec. 8, Rule 117); d) Res judicata. In all these cases, the court shall dismiss the claim (Sec. 1, Rule 9).
Failure to plead a compulsory counterclaim and cross-claim A compulsory counterclaim or a cross-claim not set up shall be barred (Section 2, Rule 9, ROC ).
Remedies against an order of default
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(1)Motion to set aside order of default; if there is already a judgment, the remedies are (2) motion for new trial, appeal, and if the judgment is already final, a petition for relief from judgment. (Lina vs. CA, 135 SCRA 63; Circle Financing Corporation vs. CA 196 SCRA 166 [1991]; Manalayon vs. Sunga, 208 SCRA 436 [1992]; Dulos vs. CA, 157 SCRA 425; Ramani vs. CA, 221 SCRA 582 [1993]). (3) An action for annulment or nullity of judgment may also be filed. ( Rule 47, Rules of Court; Gomez v. Montalban, G.R. No. 174414, March 14, 2009 ). Filing and service of pleadings (1 time) Filling is the act of presenting the pleading or other paper to the clerk of court while service is the act of providing a party with a copy of the pleading or paper concerned. (Section 2, Rule 13, ROC )
Post-judgment remedies (33 times) Appeals in general (18 times) The right to appeal is not part of due process but a mere statutory privilege that has to be exercised only in the manner and in accordance with the provisions of law (StoltNielsen v. NLRC, G.R. No. 147623, Dec. 13, 2005). The general rule is that the remedy to obtain reversal or modification of judgment on the merits is appeal. ( Canton v. City of Cebu, G.R. No. 152898, Feb. 12, 2007 ) Motion for new trial or reconsideration (10 times)
Grounds for a motion for new trial
(1)Fraud (extrinsic), accident, mistake (of fact and not of law) or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights;(2) Newly discovered evidence (Berry Rule), which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would probably alter the result; and (3) Award of excessive damages or insufficiency of the evidence to justify the decision or that the decision is against the law ( Section 1, Rule 37 ).
Grounds for a motion for reconsideration
(1) The damages awarded are excessive; (2) The evidence is insufficient to justify the decision or final order; (3) The decision or final order is contrary to law. ( Section 1, Rule 37 ) Relief from judgments, orders and other proceedings
(5 times) An equitable remedy that is allowed only in exceptional cases when there is no other available or adequate remedy. When a party has another remedy available to him, which may be either a motion for new trial or appeal from an adverse decision of the trial court, and he was not prevented by fraud, accident, mistake or excusable negligence from filing such motion or taking such appeal, he cannot avail himself of this petition. ( Section 1, Rule 38)
Grounds for availing of the remedy (petition for relief) 8
(1) When a judgment or final order is entered, or any other proceeding is thereafter taken against a party in any court through (a) fraud, (b) accident, ( c) mistake or (c) excusable negligence, he may file a petition in such court and in the same case praying that the judgment, order or proceeding be set aside. ( Section 1, Rule 38 ); and (2) When the petitioner has been prevented from taking an appeal by fraud, mistake or excusable negligence. ( Section 2, Rule 38 )
Time to file petition A petition for relief from judgment, order or other proceedings must be verified, filed within 60 days after the petitioner learns of the judgment, final order, or other proceeding to be set aside, and not more thansix (6) months after such judgment or final order was entered, or such proceeding was taken; and must be accompanied with affidavits showing the fraud, accident, mistake or excusable negligence relied upon, and the facts constituting the petitioner‗s good and substantial cause of action or defense, as the case may be. (Section 3, Rule 38)
Motions (27 times) Motion to dismiss (23 times) A motion to dismiss is not a pleading. It is merely a motion. It is an application for relief other than by a pleading (Section 1, Rule 15).
Grounds
a. The court has no jurisdiction over the person of the defending party; b. The court has no jurisdiction over the subject matter of the claim; c. The venue is improperly laid; d. The plaintiff has no l egal capacity to sue; e. There is another action pending between the same parties and for the same cause (lispendens); f. The cause of action is barred by a prior judgment (res judicata) or by the statute of limitations (prescription); g. The pleading asserting the claim states no cause of action; h. The claim or demand set forth in the plaintiff‗s pleading has been paid, waived, abandoned or otherwise extinguished; i. The claim on which the action is founded is unenforceable under the provisions of the statute of frauds; and j. A condition precedent for filing the action has not been complied with. (Section 1, Rule 16 ) Motions for bill of particulars (3 times) Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter which is not averted with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. If the pleading is a reply, the motion must be filed within ten (10) days from service thereof. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired. A bill of particulars becomes part of the pleading for which it is intended. (Section 1, Rule 12)
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Motions in general (1 time) A motion is an application for relief other than by a pleading. (Section 1, Rule 15 )
(20 times) Rendition of judgments and final orders (10 times)
Motion ex parte:a motion made without the presence of a notification to the other party because the question generally presented is not debatable.
Rendition of judgment is the filing of the same with the clerk of court, not the pronouncement in open court. Even if judgment h as already been put in writing and signed, it is still subject to amendment if it has not yet been filed with the clerk of court.
Litigated motion: one which is the opposite of a motion ex parte; hence, one made with notice to the adverse party so that an opposition thereto may be made, such as one where the court is requested by an administrator of an estate to allow sale of certain properties at certain prices.
A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the clerk of the court (Section 1, Rule 36)
Classification of motions
Motion of course: a motion for a certain kind of relief or remedy to which the movant is entitled as a matter of right, and not as a matter of discretion on the part of the court. Moreover, the allegations contained in such a motion do not have to be investigated or verified. Special motion: the opposite of a motion of course, here the discretion of the court is involved; moreover, usually an investigation of the facts alleged is required. Omnibus motion: a motion which in broad sense combines different motions all filed at the same time either to save time or for convenience. In a strict sense, it is a motion attacking a proceeding, and containing all the objections available at said time, because all objections not so included shall be deemed waived.
Contents of a judgment (4 times) Judgment on the pleadings (3 times) Where an answer fails to tender an issue or admits material allegations in the adverse party‗s pleading, the court may, on motion of that party, direct judgment on such pleading. (Section 1, Rule 34 ) Summary judgments (2 times) Summary judgment is a procedural technique to promptly dispose of cases where the facts appear undisputed and certain from the pleadings, depositions, admissions and affidavits on record, for weeding out sham claims or defenses at an early stage of the litigation. Summary
Judgments and final orders 10
judgment must be premised on the absence of any other triable genuine issues of fact. (Section 1, Rule 35 ) Judgment on the judgments (1 time)
pleadings
versus
summary
In the judgment on the pleadings, the answer does not tender an issue; in summary judgment, there is an issue tendered in the answer, but it i s not genuine or real i ssue as may be shown by affidavits and depositions that there is no real issue and that the party is entitled to judgment as a matter of right. In judgment on the pleadings, the movants must give a 3day notice of hearing; while in summary judgment, the opposing party is given 10 days‘ notice.
In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title to the thing. In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud or clear mistake of law or fact. A foreign judgment on the mere strength of its promulgation is not yet conclusive. A foreign judgment may be barred from recognition if it runs counter to public policy. (Section 48, Rule 39 ) How a judgment is executed (2 times)
In judgment on the pleadings, the entire case may be terminated; while in summary judgment, it may only be partial.
Execution as a matter of right: It is executed after expiration of the period to appeal and no appeal is perfected. (Section 1, Rule 39)
In judgment on the pleadings, only the plaintiff or the defendants as far as the counterclaim, cross-claim or thirdparty complaint is concerned can file the same; while in summary judgment, either the plaintiff or the defendant may file it. ( RIANO, Civil Procedure: A Restatement for the Bar, 2009 edition)
Discretionary Execution: Upon good reasons stated in a special order after due hearing. ( Section 2, Rule 39)
Execution, satisfaction and effect of judgments (14 times) Enforcement and effect of foreign judgments or final orders (7 times)
Note: Failure to move for execution within 5 years but before 10 years from the date of entry of judgment. The same can only be revived by means of new action or petition. (Section 6, Rule 39 ) Effect of judgment or final orders (2 times) Conclusive as to (1) Title of the thing; (2) Will or administration, but probate of a will or grant of letters of 11
administrations shall only be prima facie evidence of truth; (3) Condition, status or relationship of person. ( Rule 39, Section 47 ) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could have been raised in relation thereto, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity. In any other litigation between the same parties or their successors in interest, deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto. When execution shall issue (1 time) Execution is a matter of right upon the expiration of the period to appeal and no appeal was perfected. Once a judgment becomes final and executory, the prevailing party can have it executed as a matter of right, and the issuance of a writ of execution becomes the ministerial duty of the court, except in cases when subsequent events would render execution unjust. (Rule 39, Section 1 )
or three carabaos or other beasts of burden used by judgment obligor(at his option) in his ordinary occupation; (4) His necessary clothing and articles for ordinary personal use, excluding jewelry; (5) Household furniture and utensils necessary for housekeeping and used for that purpose by the judgment obligor and his family, such as the judgment obligor may select, of a value not exceeding 100,000 pesos; (6) Provisions for individual or family use sufficient for four months; (7) Professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other professionals, not exceeding 300,000 pesos; (8) One fishing boat and accessories not exceeding the total value of 100,000 pesos owned and used by a fisherman ; (9) Salaries, wages or earnings of the judgment obligor for his personal services; (10) With 4 months preceding the levy as are necessary for the support of his family; (11) Lettered gravestones; (12) Monies, benefits, privileges or annuities accruing or in any manner growing out of any life insurance; (13) Right to receive legal support, or money or property obtained as such support, or any pension or gratuity from the government; (14) Properties specially exempted by law (Section 13, Rule 39 )
Note: If the property mentioned in Section 13 is the subject of execution because of a judgment for the recovery of the price or upon judgment of foreclosure of a mortgage upon the property, the property is n ot exempt from execution.
Properties exempt from execution (1 time) Examination of obligor of judgment obligor (1 time)
(1) Judgment obligor‗s family home; (2) Ordinary tools and implements personally used by him in his trade, employment or livelihood; (3) Three horses or three cows
When the return of a writ of execution against the property of a judgment obligor shows that the judgment remains 12
unsatisfied, in whole or in part, and upon proof to the satisfaction of the court which issued the writ, that a person, corporation or other judicial entity as property of such judgment obligor or is indebted to him. ( Section 37, Rule 39)
Summons (12 times) Substituted service (5 times)
How effected If the defendant cannot be served within a reasonable time, it can be served (1) By leaving copies of the summons at the defendant‗s dwelling house or residence with some person of suitable age and discretion then residing therein; (2) By leaving copies at defendant‗s office or regular place of business with some competent person in charge thereof. (Section 7 )
Note: Substituted service is not allowed in service of summons on domestic corporations. Personal service (4 times) Shall be served by handling a copy to the defendant in person, or if he refuses it, by tendering it to him ( Section 6, Rule 14)
When available It is available only in actions in rem or quasi in rem.
Purpose Publication is notice to the whole world that the proceeding has for its object, to bar indefinitely all who might be minded to make an objection of any sort against the right sought to be established. It is the publication of such notice that brings the whole world as a party in the case and vests the court with jurisdiction to hear and decide it. ( Alaban vs. CA, GR 156021, September 23, 2005 ) Extra-territorial service, when allowed (1 time) It is proper only (1) When the action affects the personal status of the plaintiffs; (2) When the action relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent; (3) When the relief demanded in such action consists, wholly or in part, of excluding the defendant from any interest in property located in the Philippines; (4) When the defendant non-resident‗s property has been attached within the Philippines. (Section 15, Rule 14)
Requisites
(1) Defendant is non-resident; (2) He is not found in the Philippines; (3) Action against him is either in rem or quasi in rem.
Constructive service (by publication) (1 time) 13
Note: If the action is in personam, this mode of service will not be available.
Depositions before action : availed of when a person desires to perpetuate his own testimony or that of another regarding any matter that may be cognizable. ( Rule 24)
Proof of service (1 time) When the service has been completed, the server shall, within five (5) days therefrom, serve a copy of the return, personally or by registered mail, to the plaintiff‗s counsel, and shall return the summons to the clerk who issued it, accompanied by proof of service. ( Section 4, Rule 14 )
Depositions pending appeal: court which rendered judgment may allow the taking of depositions of witnesses to perpetuate their testimony in the event of further proceedings in the said court. Production or inspection of documents or things (3
times) After the completion of the service, a proof of service is required to be filed by the server of the summons. The proof of service of summons shall be made in writing by the server and shall set forth the manner, place and date of service; shall specify any papers which have been served with the process and the name of the person who received the same; and shall be sworn to when made by a person other than a sheriff or his deputy. ( Section 18, Rule 14 )
Modes of discovery (9 times) Depositions pending action; depositions before action or pending appeal (4 times)
Depositions pending action : leave of court is not required after an answer has been served; but leave of court is required before service of an answer and after jurisdiction has been acquired over any defendant or the subject property. ( Rule 23)
This mode of discovery does not authorize the distraint of the articles or deprive the person who produced the same of their possession. (Rule 27 ) Written interrogatories to adverse parties (2 times) The purpose of interrogatories is for eliciting material and relevant facts from any adverse party. ( Rule 25 )
Parties to civil actions (8 times) Real parties-in-interest; indispensable representatives as parties (5 times)
parties;
Real Party-in-Interest The party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit (Sec. 2, Rule 3). Does not include a mere expectancy or a future, contingent subordinate or 14
consequential interest; It is an interest that is material and direct, as distinguished from a mere incidental interest in question. (Samaniegovs.Aguila, 334 SCRA 438 ) GR: one who is not a privy to a contract may not bring an action to enforce it. EXC: (a) Contracts containing stipulations pour autrui or stipulations expressly conferring benefits to a non-party may sue under the contract provided such benefits have been accepted by the beneficiary prior to its revocation by the contracting parties ( Article 1311, Civil Code ); (b) Those who are not principally or subsidiarily obligated in the contract, in which they had no intervention, may show their detriment that could result from it.
Indispensable Party A real party-in-interest without whom no final determination can be had of an action. (Section 7, Rule 3) Absence of indispensable party renders all subsequent actions of the court null and void for want of authority to act, not only to the absent parties but even as to those present. Tests to determine an indispensable party
(1) Can a relief be afforded to the plaintiff without the presence of the other party? ; (2) Can the case be decided on its merits without prejudicing the rights of the other party?
be directly or injuriously affected by a decree which does complete justice between them.
Note: Although normally a joinder of action is permissive (Section 6, Rule 3), the joinder of a party becomes compulsory when the one involved is an indispensable party. Necessary Party One who is not indispensable but ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action. But a necessary party ought to be joined as a party if complete relief is to be accorded as to those already parties. ( Section 8, Rule 3 ) Non-inclusion of a necessary party does not prevent the court from proceeding in the action, and the judgment rendered therein shall be without prejudice to the rights of such necessary party. (Section 9, Rule 3 )
Indigent party One who is allowed by the court to litigate his claim, action or defense upon ex parte application and hearing, when the court is satisfied that such party has no money or property sufficient and available for food, shelter, basic necessities for himself and his family. ( Section 21, Rule 3)
Representatives as parties Note: A person is not an Indispensable Party if his interest in the controversy or subject matter is separable from the interest of the other parties, so that it will not necessarily
Parties allowed by the court as substitute parties to an action whereby the original parties become incapacitated or 15
incompetent. (Section 18, Rule 3 ) Substitution of a party depends on the nature of the action. If the action is personal, and a party dies pendente lite, such action does not survive, and such party cannot be substituted. If the action is real, death of the defendant survives the action, and the heirs will substitute the dead. A favorable judgment obtained by the plaintiff therein may be enforced against the estate of the deceased defendant. (Section 1, Rule 87 )
Note: In case a party becomes incapacitated or incompetent during the pendency of the action, the court, upon motion, may allow the action to be continued by or against the incapacitated or incompetent party with the assistance of his legal guardian or guardian ad litem. ( Section 18, Rule 20) In case of transfer, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. (Section 19, Rule 3 ) Alternative defendants - those who may be joined as such in the alternative by the plaintiff who is uncertain from whom among them he is entitled to a relief. Where the plaintiff cannot definitely identify who among two or more persons should be impleaded as a defendant, he may join all of them as defendants in the alternative. Just as the rule allows a suit against defendants in the alternative, the rule also allows alternative causes of action ( Section 2, Rule 8 ) and alternative defenses. (Section 5[b], Rule 6 )
A party is misjoined when he is made a party to the action although he should not be impleaded. A party is not joined when he is supposed to be joined but is not impleaded in the action. (Section 11, Rule 3) Under the rules, neither misjoinder nor non-joinder of parties is a ground for the dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. ( Section 9 and 11, Rule 3 ) Effect of death of party-litigant (1 time)
Pre-trial (7 times) Nature and purpose (3 times) The pre-trial is mandatory in civil cases. A pre-trial is a procedural device held prior to the trial for the court to consider the (a) Possibility of an amicable settlement or of a submission to alternative modes of dispute resolution; (b) Simplification of issues; (c) Necessity or desirability of amendments to the pleadings; (d) Possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof; (e) Limitation of the number of witnesses; (f) Advisability of a preliminary reference of issues to a commissioner; (g) Propriety of rendering judgment on the pleadings or summary judgment, or of dismissing the action;
Misjoinder and non-joinder of parties (2 times) 16
(h) Advisability or necessity of suspending the proceedings; and (i)Such other matters as may aid in the prompt disposition of the action. (Section 2, Rule 18 ) Alternative Dispute Resolution (ADR) (2 times) The provisions of The Alternative Dispute Resolution Act shall not apply to resolution or settlement of (a) labor disputes under the Labor Code; (b) civil status of persons; (c) validity of a marriage; (d) any ground for legal separation; (e) jurisdiction of courts; (f) future legitime; (g) criminal liability; (h) those which by law cannot be compromised. (Section 6, R.A. No. 9285 )
Concept of pre-trial (1 time) It is a procedural device by which the court is called upon, after the filing of the last pleading, to compel the parties and their lawyers to appear before it, and negotiate an amicable settlement or otherwise make a formal statement and embody in a single document the issues of fact and law involved and such other matters as may aid in the prompt disposition of the action. (HERRERA, Vol. I, p. 1074, [2007]) Appearance of parties; effect of failure to appear (1
time) It shall be the duty of both the parties and their counsels to appear at the pre-trial. Plaintiff's non-appearance shall cause for the dismissal of the action with prejudice, unless
otherwise provided, the same shall have the effect of adjudication on the merits, thus, final. The remedy of the plaintiff is to appeal from the order of dismissal. Defendant's non-appearance shall cause allowance of the plaintiff to present his evidence ex parte. This does not dispose of the case with finality. The order is, therefore, merely interlocutory, hence, not appealable. ( Section 4, Rule 18)
Demurrer to evidence (7 times) Demurrer to evidence in a civil case versus demurrer to evidence in a criminal case (3 times) In a civil case , leave of court is not required before filing a demurrer. In criminal case , a demurrer is filed with or without leave of court. In a civil case , if the demurrer is granted, the order of dismissal is appealable. In a criminal case , the order of dismissal is not appealable because of the constitutional policy against double jeopardy. In a civil case , if the demurrer is denied, the defendant may proceed to present his evidence. In a criminal case, the accused may adduce his evidence only if the demurrer is filed with leave of court. He cannot present his evidence if he filed the demurrer without leave of court. ( RIANO, Civil Procedure [2009]) Effect of grant (2 times)
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If the demurrer is granted, the case shall be dismissed. (Section 1, Rule 33 )
Note: When the order granting the demurrer is reversed on appeal, the appellate court should, instead of remanding the case, render judgment on the basis of evidence submitted by the plaintiff.
Venue establishes a relation between plaintiff and defendant or petitioner and respondent, while jurisdiction establishes a relation between the court and the subject matter. Venue as a general rule is not a ground for a motuproprio dismissal with the exception of cases subject to summary procedure, while jurisdiction is a ground for a motuproprio dismissal. (RIANO, Civil Procedure[2009] )
Waiver of right to present evidence (2 times) Effects of stipulations on venue (2 times) After granting the demurrer, appeal was taken and the order granting the motion is reversed, the defendant loses his right to present evidence.
Venue (6 times) Venue vs. jurisdiction (2 times)
Venue is the place or geographical area where an action is to be filed and tried, while jurisdiction is the power of the court to hear and decide a case. Venue may be waived by failure to object through a motion to dismiss or through an affirmative defense, while jurisdiction cannot be waived. Venue is procedural, while jurisdiction is substantive. Venue may be changed by the written agreement of the parties, while jurisdiction cannot be the subject of the agreement of the parties.
The parties may agree on a specific venue which could be in a place where neither of them resides. The parties may stipulate on the venue as long as the agreement is in writing, made before the filing of the action, and exclusive. (Section 4[b], Rule 4 ) It is to be reiterated that the settled rule on stipulations regarding venue, is that while they are considered valid and enforceable, venue stipulations in a contract do not, as a rule, supersede the general rule set forth in Rule 4 of the Revised Rules of Court in the absence of qualifying or restrictive words. They should be considered merely as an agreement or additional forum, not as limiting venue to the specified place. ( RIANO, Civil Procedure [2009]) Venue of real actions (1 time) Venue is local, hence the venue is the place where the real property involved or, any portion thereof, is situated. (Section 1, Rule 4 ) Venue of personal actions (1 time) 18
Venue is transitory; hence the venue is the residence of the plaintiff or defendant at the option of the plaintiff. ( Section 2, Rule 4)
Dismissal of actions (5 times)
Dismissal of counterclaim, cross-claim or third-party complaint (1 time) Voluntary dismissal by the claimant alone shall be made before a responsive pleading or a motion for summary judgment is served, or before introduction of evidence. (Section 4, Rule 17 )
Dismissal upon notice by plaintiff; two-dismissal rule
Actions (4 times)
(2 times) A complaint may be dismissed by the plaintiff by filing a notice of dismissal any time before service of the answer or of a motion for summary judgment. Upon filing, the court shall issue an order confirming the dismissal. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates as adjudication upon the merits when filed by a "plaintiff who has once dismissed in a competent court an action based on or including the same claim." (Section 1, Rule 17 ) Dismissal upon motion by plaintiff; effect on existing counterclaim (2 times)
Dismissal upon motion by the plaintiff is a matter of discretion upon the court GR: It is without prejudice to the right of defendant to prosecute his counterclaim in a separate action. EXC: Within 15 days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action. (Section 2, Rule 17 )
Meaning of ordinary civil actions (1 time) It is a formal demand of one's legal rights governed by ordinary rules. ( Section 3[a], Rule 1 ) Personal actions and real actions (1 time) An action is real when it affects title to or possession of real property, or an interest therein. All other actions are personal actions. But not every action involving real property is a real action. To be a 'real' action , it is not enough that the action must deal with real property. It is important that the matter in litigation must also involve any of the following issues (a) title to, ownership, possession, partition, foreclosure of mortgage, or any interest in real property, not only incidental to the subject matter of the suit. ( Section 1, Rule 4) Actions in rem, in personam and quasi in rem (1 time)
Action in personam
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An action against a person on the basis of his personal liability; directed to a particular person
Action in rem An action against the thing itself; directed against the whole world.
Action quasi in rem One wherein an individual is named as defendant and the purpose of the proceeding is to subject his interest therein to the obligation or lien burdening the property. The distinction is important to determine whether or not jurisdiction over the person of the defendant is required and consequently to determine the type of summons to be employed. (RIANO, Civil Procedure [2009] ) Independent Civil Actions (1 time) In Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action. (Section 3, Rule 111 )
Cause of action (3 times) Joinder and mis-joinder of causes of action (2 times)
Joinder of causes of action The assertion of as many causes of action as a party may have against another in one pleading alone. It is the process
of uniting two or more demands or right of actions in one action, subject to the f ollowing conditions:
(1) The party joining the causes of action shall comply with the rules on joinder of parties; (2) The joinder shall not include special civil actions governed by special rules; (3) Where the cause of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; (4) Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. ( Totality Rule) (Sections 5, Rule 2)
Misjoinder of causes of action When there is a misjoinder of causes of action, the erroneously joined cause of action can be severed or separated from the other cause of action upon motion by a party or upon the court‗s own initiative. Misjoinder of causes of action is not a ground for the dismissal of the case. (Section 6, Rule 2 ) Right of action versus cause of action (1 time) A cause of action refers to the delict or wrong committed by the defendants, whereas right of action refers to the right of the plaintiff to institute the action. A cause of action is determined by the pleadings; whereas a right of action is determined by substantive law. A right of action may be taken away by the running of the statute of limitations, by estoppels or other circumstances which do not at all affect the cause of action. 20
Intervention (3 times) Requisites for intervention (3 times)
(a) Motion for intervention filed before judgment. Leave of court is required before a person may be allowed to intervene. (Section 2, Rule 19 ); (b) Movant must show in his motion that (1) he has legal interest in i. the matter in litigation, ii.the success of either of the parties in the action, or iii . against both parties, (2) he is adversely affected by the disposition of property in the custody of the court, and (3) Intervention does not unduly delay or prejudice the adjudication of the rights of the original parties and that the intervenor's rights may not be fully protected in a separate proceeding. (Section 1, Rule 19)
Subpoena (2 times)
person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof; (iv) that the witnesses fees and kilometrage allowed by the Rules were not tendered when the subpoena was served. Subpoena ad testificandum may be quashed when(i) it is shown that the witness is not bound thereby; (ii) the witness fees and kilometrage allowed by the Rules were not tendered when the subpoena was served. (Section 4, Rule 21)
Trial (1 time) Agreed statement of facts (1 time) If the parties have agreed to submit the case for judgment based on the facts agreed upon, a trial need not be conducted because evidence would no longer be presented. But, if the parties agree only on some facts in issue, the trial shall be held as to the disputed facts. ( Section 6, Rule 30)
Subpoena ad testificandum(1 time) Process directed to a person requiring him to attend and to testify at the hearing for the taking of his deposition. (Section 1, Rule 21 ) Quashing of subpoena (1 time) Subpoena ducestecum may be quashed, upon motion promptly made at or before the time specified therein (i) if it is unreasonable and oppressive;(ii) the relevancy of the books, documents or things does not appear; (iii) if the
II. Evidence (112 times) Testimonial evidence (61 times) Admissions and confessions (21 times)
21
In a confession, there is an acknowledgement of guilt; in an admission, there is merely a statement of fact not directly involving an acknowledgement of guilt or the criminal intent to commit the offense with which one is charged. (Section 26 and Section 33, Rule 130 )
Effects of admissions A confession by a party may be given in evidence against him. His admission is not admissible in his favor because it will be self-serving evidence. Declarations of a party favorable to him are admissible as proof of the facts.
his knowledge (5) The fact admitted from his silence is material to the issue (Section 32, Rule 130)
Res inter aliosacta; branches
(1) The rule that the rights of a party cannot be prejudiced by an act, declaration, or omission of another ( Section 28, Rule 130); (2) The rule that evidence of previous conduct or similar acts at one time is not admissible to prove that one did or did not do the same act at another time. ( Section 34, Rule 132)
Distinctions between extrajudicial and judicial admissions Under Sec. 26, Rule 130, the act, declaration or omission of a party as to relevant fact may be given in evidence against him. This rule is based on the notion that no man would make any declaration against himself, unless it i s true.
Effect of extrajudicial confession of guilt While a judicial confession may sustain a conviction, an extrajudicial confession is not sufficient for conviction. The rule requires that the confession be corroborated by evidence of corpus delicti .
Admission by silence For silence to be admission it is necessary that (1) He heard and understood the statement; (2) He was at liberty to make a denial; (3) The statement was about a matter affecting his rights or in which he was interested and which naturally cause for a response; (4) The facts were within
An extrajudicial confession maybe given in evidence against the confessant but not against his co-accused as they are deprived of the opportunity to cross-examine him. A judicial confession is admissible against the declarant‘s co-accused since the latter are afforded opportunity to cross-examine the former.
Exceptions to the res inter aliosacta rule
(1) Admissions by a co-partner or agent ( Sections 29, Rule 130); (2) Admission by a co-conspirator ( Section 30, Rule 130); (3) Admission by privies. ( Section 31, Rule 130) Hearsay Rule (19 times) The reliability of a testimony is based in the personal knowledge of the witness. If a witness testifies on the basis of what others have told him, and not on facts which he
22
knows of his personal knowledge, the testimony would be excluded as hearsay evidence. ( Section 36, Rule 130)
a party in civil case is admissible only when pertinent to the issue of character involved in the case. ( Section 51[b], Rule 130); (3)In the case provided for in Rule 132, Section 14.
Disqualifications of witnesses (8 times) Competency versus credibility of a witness (3 times)
(1) Disqualification by reason of mental incapacity ( Section 21, Rule 130); (2) Disqualification by reason of immaturity; (3) Disqualification by reason of marriage (Section 22, Rule 130); (4) Disqualification by reason of death or insanity of adverse party (Section 23, Rule 130); (5) Privileged communication: (i) The husband or the wife, during or after the marriage as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants, (ii) Attorney and client, (iii) Physician and patient, (iv) Priest and penitent, (v) Public officers, (vii) Parental and filial privilege. ( Section 24, Rule 130) Character evidence (4 times) GR: Character evidence is not generally admissible. (Section 51, Rule 130 ) EXC:(1) In Criminal Cases: a. The accused may prove his good moral character which is pertinent to the moral trait involved in the offense charged, b. Unless in rebuttal, the prosecution may not prove his bad moral character which is pertinent to the moral trait involved in the offense charged, c. The good or bad moral character of the offended party may be proved if it tends to establish in any reasonable degree the probability or improbability of the offense charged. ( Section 51[a], Rule 130); (2) In Civil Cases: Evidence of the moral character of
Competency
Credibility
Has reference to the basic qualifications of a witness in his capacity to perceive and his capacity to communicate his perception to others. (Riano, 2009, p.250)
Refers to the believability of the witness and has nothing to do with the law or the rules. (Ibid).
Rule on Examination of a Child Witness (A.M. No. 00407-SC) (3 times) Competency of a child witness Every child is presumed qualified to be a witness. This presumption, however, does not preclude the court from conducting a competency examination of a child when there is substantial doubt on the (1) The ability of the child to perceive; (2) The ability of the child to remember; (3) The ability of the child to communicate; (4) The ability of the child to distinguished truth from falsehood; (5) The ability of the child to appreciate the duty to tell the truth in court. Qualifications of a witness (2 times)
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(1) Can perceive; and (2) In perceiving, can make known his perceptions to other. (Rule 130, Section 20)
familiarity, (iii) Mental sanity of a person with whom he is sufficiently acquainted.
Examination of a witness (1 time)
Note: The witness may also testify on his i mpressions of the emotion, behavior, condition or appearance of a person.
GR: The examination of witnesses shall be done in open court under oath or affirmation. EXC : The witness is incapacitated to speak, or the questions calls for a different mode of answer, the answers of the witness shall be given orally. (Section 1, Rule 132 )
Rights and obligations of a witness (Section 3, Rule 132 ) A witness must answer questions, although his answer may tend to establish a claim against him. However, it is the right of a witness (1) To be protected from irrelevant, improper or insulting questions, and from harsh or insulting demeanor; (2) Not to be detained longer than the interests of justice require; (3) Not to be examined except only as to matters pertinent to the issue; (4) Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; (5) Not to give an answer which will tend to degrade his reputation, unless it to be the very fact at issue or to a fact from which the fact in issue would be presumed. Opinion rule (1 time) GR: The opinion of a witness is not admissible. ( Section 48, Rule 130) EXC:(1) Opinion of expert witness (Section 49, Rule 130); (2) Opinion of ordinary witnesses with respect to (i) Identity of a person about whom he has adequate knowledge, (ii) A handwriting with which he has sufficient
Documentary evidence (16 times) Rules on Electronic Evidence (A.M. No. 01-7-01-SC) (8
times) Meaning of electronic electronic data message
evidence;
electronic
document/
Information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored processed, retrieved or produced electronically. It includes digitally signed documents and any print-out or output, readable by sight or other means, which accurately reflects the electronic data message or electronic document. An electronic document is the functional equivalent of paper-based documents.
Electronic data message : information generated, sent, received or stored by electronic, optical or similar means.
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Parol Evidence Rule (3 times) Any evidence alluded, whether oral or written, which is intended or tends to vary or contradict a complete and enforceable agreement embodied in a document. ( Section 9, Rule 130)
Application of the parol evidence rule GR: When the terms of an agreement (including wills) have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement. It does not apply when 3rd parties are involved. ( Lechugas v. CA, 1986)
When parol evidence can be introduced (Sec. 9, Rule 130) Grounds for presenting parol evidence ( Section 9, Rule 130 )
(1) An intrinsic ambiguity, mistake or imperfection in the written agreement; (2) Failure of the written agreement to express the true intent and agreement of the parties thereto; (3) Validity of the written agreement; (4) Existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.
Best Evidence Rule
Parol Evidence Rule
Contemplates the Presupposes that the original situation wherein the document is available in court original writing is not available and/or there is a dispute as to whether said writing is the original Prohibits the Prohibits the varying of the introduction of terms of a written agreement substitutionary evidence in lieu of the original document regardless of WON it varies the contents of the original Applies to all kinds of Applies only to documents documents contractual in nature (Exception: wills) Can be invoked by any party to an action regardless of WON such party participated in the writing involved
Can be invoked only when the controversy is between the parties to the written agreement, their privies or any party directly affected thereby
Requisites for admissibility (2 times)
(1) Distinctions between the best evidence rule and parol evidence rule
(2) Competent a. Document be Relevant; Authenticated, b. Authenticated by Competent Witness; (3) Formally Offered in Evidence (Section 2, Rule 130 ) Authentication and proof of documents (2 times) 25
Authentication Process of proving the due execution and genuineness of a document. Evidence when presented in court is not presumed authentic. The general rule therefore is to prove its authenticity unless it is self- authenticating. (Section 19, Rule 130) Best Evidence Rule (1 time) When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself.
Original document
(1) Once the contents of which are the subject of inquiry; (2) All such copies are executed at or about the same time, and with identical contents. Carbon copies are deemed duplicate originals; (3)All such entries made and repeated in the regular course of business, at/near the time of the transaction. ( Section 4, Rule 130)
Exceptions to the Best Evidence Rule; Requisites for introduction of secondary evidence (1) Original has been lost or destroyed or cannot be produced in court, without bad faith on the offeror‗s part; (2) Original is in the custody or under the control of the party against whom it is offered, and the latter fails to produce it after reasonable notice; (3) Original consists of numerous accounts or other documents which cannot be examined in court without great loss of time, and the fact
sought to be established from them is only the general result of the whole; (4) Original is a public record in the custody of a public officer or is recorded in a public office. (Section 3, Par. A-D, Rule 130 )
General principles (14 times) Presentation of Evidence (Rule 132) (5 times)
Classes of documents Public documents are (1) The written official acts or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines or of a foreign country; (2) Documents acknowledge before a notary public except last wills and testaments; and (3) Public records, kept in the Philippines, of private documents required by law to be entered therein. All other writings are private. ( Section 19, Rule 132)
Proof of private documents Before any private document offered as authentic is received in evidence, its due execution and authenticity must be proved either (1) By anyone who saw the document executed or written; or (2) By evidence of the genuineness of the signature or handwriting of the maker. Any other private document need only be identified as that which it is claimed to be. ( Section 20, Rule 132)
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Admissibility of evidence (3 times)
Requisites for Admissibility
evidence required by law. (SEC. 1, RULE 131)
GR: When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. ( Section 1, Rule 130)
Does not shift Shifts from party to party throughout the trial depending upon the exigencies of the case in the course of the trial
Exceptions (1) Exhibition is contrary to public policy, morals or decency; (2) It would result in delays, inconvenience, unnecessary expenses, out of proportion to the evidentiary value of such object; (3) Evidence would be confusing or misleading. Burden of proof and burden of evidence (2 times) Bautista v Sarmiento (1985)
Generally determined Generally determined by the by the pleadings filed developments at the trial, or by by the party the provisions of substantive or procedural law Presumptions (2 times) Conclusive presumptions: Presumption irrebuttable upon presentation of evidence.
becomes
Disputable presumptions: Satisfactory if uncontradicted, but may be contradicted and overcome by other evidence (Section 3, Rule 131 ) Factum probans versus factum probandum(1 time)
Burden of Proof
Burden of Evidence
Duty of a party to present evidence on the facts in issue necessary to establish claim or defense by the amount of
Duty of a party to go forward with the evidence to overthrow any prima facie presumption against him. [Bautista v Sarmiento (1985)]
Factum probandum The ultimate sought to established.
Factum Probans
fact Evidentiary fact or the fact by be which factum probandum is to be established.
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Propositon to be Materials which established the established (Riano, p. proposition. (Regalado, p. 699) 28) Hypothetical
Existent
Quantum of evidence (weight and sufficiency of evidence) (1 time)
Proof beyond reasonable doubt Applicable quantum of evidence in criminal cases (Section 2, Rule 133) Only moral certainty is required: that degree of proof which produces conviction in an unprejudiced mind. (Section 2, Rule 133) The burden is on the prosecution to prove guilt beyond reasonable doubt, NOT on the accused to prove his/her innocence. (Boac vs. People, 2008) The prosecution must not rely on the weakness of the evidence of the defense.
Offer and objection (12 times)
(6 times) Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. (Section 1, Rule 130 ) Chain of custody, in relation to Section 21 of the Comprehensive Dangerous Drugs Act (3 times)
Chain of custody A method of authenticating evidence which requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be. In relation to Drug Cases, the apprehending team having initial custody and control of the drugs shall (1) conduct a physical inventory, and photograph the same (2) in the presence of i. accused or the person/s from whom the drugs were seized, or his/her representative or counsel, ii. representative from the media and the Department of Justice, and iii. any elected public official (3) Who shall be required to sign the copies of the inventory and be given a copy thereof. Non-compliance with Section 21 of R.A. 9165, particularly the making of the inventory and their photographing of the drugs confiscated will render the drugs inadmissible in evidence.
Object (real) evidence 28
Rule on DNA Evidence (A.M. No. 06-11-5-SC)
(2
times) Meaning of DNA The totality of the DNA profiles, results and other genetic information directly generated from DNA testing of biological samples.
Factors in Assessing the Probative Value of DNA Evidence (1) Chain of custody [a. How the biological samples were collected, b. How they were handled, c. Possibility of contamination]; (2) DNA testing methodology [a. Procedure followed in analyzing the samples, b. Advantages and disadvantages of the procedure, c. Compliance with scientifically valid standards in conducting the tests]; (3) Forensic DNA laboratory [a. Accreditation by any reputable standards-setting institution, b. Qualification of the analyst who conducted the tests, c. If not accredited, relevant experience of the laboratory in forensic work and its credibility]; (4) Reliability of the testing result
Factors that Determine the Reliability of the DNA Testing Methodology (1) Falsifiability of the principles or methods used; (2) Subject to peer review and publication of the principles or methods; (3) General acceptance of the principles or methods by the scientific community; (4) Existence and maintenance of standards and controls to ensure the correctness of data generated; (5) Existence of an appropriate reference population database; (6) General
degree of confidence attributed to mathematical calculations used in comparing DNA profiles; (7) Significance and limitation of statistical calculations used in comparing DNA profiles. Categories of object evidence (1 time)
Unique Objects: Objects that have readily identifiable marks, e.g., a caliber 45 pistol by virtue of its serial number. Objects Made Unique : Objects with no unique characteristic but are made readily identifiable, e.g., a typical kitchen knife with identifying marks placed on it by the witness. Non-Unique Objects : Objects with no identifying marks and cannot be marked, e.g., narcotic substances.
Judicial notice and judicial admissions (3 times) Matters of judicial notice (2 times) (1) Existence and territorial extent of states; (2) Their political history, forms of government, and symbols of nationality; (3) Law of nations; (4) Admiralty and maritime courts of the world and their seals; (5) Political constitution and history of the Philippines; (6) Official acts of the legislative, executive and judicial departments of the Philippines; (7) Laws of nature; (8) Measure of time; and (9) Geographical divisions. Judicial admissions (1 time)
29
Effect of judicial admissions (1) Does NOT require proof; (2) Conclusive upon the party making it, and hence, CANNOT be contradicted. An original complaint, after being amended, loses its character as a judicial admission, which would have required no proof. It becomes merely an extra-judicial admission requiring a formal offer to be admissible. A party who judicially admits a fact cannot later challenge that fact as judicial admissions are a waiver of proof; production of evidence is dispensed with.
How judicial admissions may be contradicted (as an exception) (1) It was made through palpable mistake; (2) No such admission was made.
filed the information had no authority to do so; (5) Not in the prescribed form; (6) More than one offense is charged (Except: A single punishment for various offenses); (7) Criminal action or liability is extinguished; (8) Averments containing legal excuse or justification; and (9) Double jeopardy. Provisional dismissal (5 times) Reinstatement must be done within (1) 1 year for offenses punishable by less than 6 years of imprisonment; (2) 2 years for offenses punishable by more than 6 years of imprisonment — from the issuance of the order of provisional dismissal. After the lapse of the applicable period and no reinstatement has been made, any action for reinstatement of the case shall be time-barred (TIME-BAR RULE ), provided, that the following requisites are complied with in filing the motion: 1) Express consent of the accused 2) Notice of the offended party III. the Criminal Procedure 3) Court granted motion
(107 times)
Motion to quash (19 times) Grounds (8 times) (1) Facts do not constitute an offense; (2) Lack of jurisdiction over the offense charged; (3) Lack of jurisdiction over the person of the accused; (4) Officer who
Note: Rule is also applicable in cases where the accused moves for the dismissal of the case based on lack or insufficiency of evidence or denial of the right to speedy trial. The dismissal based on these grounds amounts to an acquittal. Double jeopardy (4 times)
Requisites
30
(1) A previous complaint or information (first jeopardy) sufficient in form and substance was filed with a court of competent jurisdiction; (2) Valid plea; (3) Final judgment was rendered; (4) A subsequent complaint or information was filed for the same offense, attempt or frustration to commit thereof, or any offense which necessarily includes or is necessarily included in the offense charged in the previous complaint or information. Effects of sustaining the motion to quash (2 times) Amendment of the complaint or information based on (1) The facts do not constitute an offense; (2) The officer who filed the information has no authority to do so; (3) The complaint or information is not in the prescribed form; (4) More than one offense is charged.
Note: If no such amendment was made or such was made but it did not cure the defect, the court shall sustain the motion on the grounds that (i) The criminal action or liability is extinguished (ii) Averments containing a legal justification/excuse (iii) Double jeopardy; or remand or forward the case to the proper court if it has no jurisdiction over the offense or the person of the accused.
Bail (17 times) The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the
form of corporate surety, property bond, cash deposit, or recognizance. (Rule 114)
Constitutional Limitations ( Aricle III, Section 13, 1987 Philippine Constitution ) GR: All persons shall, before conviction, be allowed to bail. EXC: Those who are charged with offenses punishable by reclusion perpetua when the evidence of guilt is so strong. The person accused of such offense, however, shall be entitled to bail when the evidence of guilt is not strong.
Conditions of bail; Requirements (Section 2 of Rule 114 ) (1) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it; (2) The accused shall appear before the proper court whenever required by the court of these Rules; (3) The failure of the accused to appear at the trial, without justification and despite due notice, shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; (4) The bondsman shall surrender the accused to the court for execution of the final judgment.
Bail as a matter of right GR: All persons in custody shall be admitted to bail. (1) Before or after conviction by the MeTC, MTC, MTCC or MCTC; (2) After conviction by the MeTC, MTC, MTCC or 31
MCTC; (3) Before conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment. (Section 4, Rule 114 ) EXC: Bail is not a matter of right to a person charged with a capital offense, or an offense punishable by relusionperpetua or life imprisonment.
bail pending appeal does not mean that the bail should automatically be granted absent any of the circumstances mentioned in the third paragraph of the Rules. (Section 5, Rule 114)
Prosecution of offenses (15 times)
Bail, when discretionary (1) Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment; (2) If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances: a. That he is a recidivist, quasi-recidivist or habitual delinquent or has committed the crime aggravated by the circumstance of reiteration and b. That he has previously escaped from legal confinement, evaded sentence or violated the conditions of his bail without valid justification, c. That he committed the offense while under probation, parole or conditional pardon, d. That the circumstances of his case indicate the probability of flight if released on bail, or e. That there is undue risk that he may commit another crime during the pendency of the appeal. (Section 5, Rule 114 )
Bail pending appeal In an application for bail pending appeal by an appellant sentenced by a trial court to a penalty of imprisonment for more than six years, the discretionary nature of the grant of
Amendment or substitution information (6 times)
of
complaint
or
Amendment vs Substitution Amendment involves the same offense, the attempt or frustration thereof, or any offense which necessarily includes or is necessarily included in the same offense. Substitution involves different offenses. Amendment can either be formal or substantial. Substitution always involves substantial change. Amendment can be done without leave when such is made before the accused enters his plea. Substitution shall always be made with leave because the original action must be dismissed. Amendment does not require a new investigation. Substitution requires a new investigation. (Section 14, Rule 110)
preliminary preliminary
Criminal actions, how instituted (2 times)
32
(1) Where a preliminary investigation is required, by filing the complaint with the proper officer. Note: A criminal case must undergo preliminary investigation if the penalty is imprisonment of 4 years, 2 months, and 1 day or more regardless of fine.
For defamation imputing to a person any of the abovementioned crimes, it must be prosecuted by the party defamed. (Section 5, Rule 110 )
(2) For all other offenses, by filing the complaint or information directly with the MTC or MCTC, or the complaint with the Prosecutor‘s Office. In Manila and other chartered cities, the complaint shall be filed wit h the Prosecutor‘s Office unless otherwise provided in their charters. ( Section 1, Rule 110)
GR: Criminal actions cannot be enjoined by writs of injunction or prohibition because of public interest. EXC: (1) To afford adequate protection to the constitutional rights of the accused, (2) Necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions, (3) There is a prejudicial question which is sub judice, (4) Acts of the officer are without or in excess of authority, (5) Prosecution is under an invalid law, (6) Double jeopardy, (7) Lack of jurisdiction over the offense, (8) Persecution rather than prosecution, (9) Charges are manifestly false and motivated by lust for vengeance, (10) No prima facie case against the accused and a motion to quash on that ground has been denied, (11) Preliminary injunction has been issued by the SC to prevent the threatened unlawful arrest of petitioners.
Who may file them, crimes that cannot be prosecuted de officio (2 times)
Private crimes It cannot be prosecuted de officio except upon the complaint filed by the offended party.
Criminal actions, when enjoined (2 times)
Who may prosecute? Control of prosecution (1 time) For concubinage and adultery, it must be prosecuted by the offended party. For seduction, abduction and acts of lasciviousness, it must be prosecuted exclusively and successively by the following persons in this order: the offended party (even though a minor), parent/s, grandparent/s, guardian ad litem, or the State.
The public prosecutor shall prosecute, direct and control all criminal actions. He has control over what case to file, whom to prosecute, the manner of prosecution, and the exercise of the right to withdraw information before arraignment. The private prosecutor may be allowed to prosecute provided that (1) The public prosecutor has heavy work schedule; (2) There is lack of public prosecutors; (3) He is 33
authorized in writing by the Chief Prosecution Office or Regional State Prosecutor; (4) It will be subject to the court‘s approval. ( Section 5, Rule 110 )
officer, commanding him to search for personal property described therein and bring it before the court. ( Section 1, Rule 126)
Designation of offense (1 time)
This is not available in civil proceedings.
1) The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify i ts qualifying and aggravating circumstances. 2) If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. (Section 8, Rule 110)
Particularity of place to be searched and things to be seized (4 times) The purpose is to prevent the officers from exercising their own discretion in the execution of search warrant so as to avoid unreasonable searches and seizures. ( Section 15, Rule 110) Application for search warrant, where filed (3 times)
Venue of criminal actions (1 time) It must be tried in the courts of territory where the offense or any of its essential elements occurred. ( Principle of Territoriality ) Venue is jurisdictional. It cannot be waived or be subject of an agreement or by the consent of the parties. Only the Supreme Court has the authority to change the venue. (Section 15, Rule 110 )
Search and seizure (12 times) Nature of search warrant (5 times) An order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace
GR: It shall be filed with the court within whose territorial jurisdiction the crime was committed. EXC:(1) If the criminal action has been filed, it shall only be filed with the court where the criminal action is pending; and (2) For heinous crimes, illegal gambling, illegal possession of firearms and ammunitions, as well as violations of the Comprehensive Dangerous Drugs Act of 2002, the Intellectual Property Code, the Anti- Money Laundering Act of 2001, the Tariff and Customs Code, it shall be filed with the Executive judges or whenever they are on official leave of absence or are not physically present in the station, the Vice-judges of RTCs of Manila and Quezon City shall act on the application filed by the NBI, PNP and the Anti- Crime Task Force (ACTAF). ( Administrative Matter No. 99-10-09SC )
Prosecution of civil action 34
(11 times)
(10 times)
When civil action may proceed independently (5
Instances when presence of accused is required by law (3 times)
times) The civil action based on Arts. 32, 33, 34 and 2176 of the Civil Code can proceed independently and at the same time with the criminal action without the suspension of either proceeding. Rule on implied institution of civil action with criminal action (4 times)
(1) Upon arraignment and in entering plea (Section 1(B), Rule 116); (2) During trial for the purpose of identification (Rule 119); (3) Promulgation of judgment except for light offenses (Section 1 (C), Rule 115 ); (4) When the court requires. Demurrer to evidence (3 times)
GR: The civil action for the civil liability arising from the offense shall be deemed impliedly instituted with the criminal action. EXC: When the offended party— (1) Waives the civil action; (2) Reserves his right to separately institute the civil action; (3) Instituted the civil action prior to the criminal action. ( Section 1, Rule 111 )
Species of motion to dismiss that is filed based on the ground of insufficiency of evidence. This is filed after the prosecution rests its case by the court on its own initiative or by the accused with or without leave of court. ( Section 23, Rule 119)
Prejudicial question (2 times)
The trial may proceed despite the absence of the accused provided that he has been duly notified and the reason for his absence is unjustifiable. He, therefore, waives his right to present evidence and to cross-examine the witnesses against him. (Section 6, Rule 120)
(1) Civil action must be instituted prior to the criminal action; (2) Civil action involves an issue similar or intimately connected to the issue in the criminal action; (3) The resolution of the issue in the civil action determines guilt or innocence of the accused in the criminal action A petition to suspend the criminal action may be filed with the Office of the Prosecutor or the court where the case is pending. (Section 7, Rule 111)
Trial
Trial in absentia (2 times)
Requisites for discharge of accused to become a state witness (1 time) (1) Absolute necessity for the testimony of the accused sought to be discharged; (2) No direct evidence other than testimony of said accused is available; (3) Testimony can be substantially corroborated in its material points; (4) H e does not appear to be the most guilty; (5) Not been convicted of
35
any offense involving moral turpitude ( Section 17, Rule 119)
(1) Actual restraint; (2) Voluntary submission ( Section 7-9, Rule 113)
Effects of discharge of accused as state witness (1
Requisites of a valid warrant of arrest (1 time)
time) GR: The order of discharge shall (1) Amount to an acquittal of the discharged accused; (2) Bar future prosecutions for the same offense. EXC: If the accused fails/refuses to testify against his co-accused in accordance with his sworn statement constituting the basis for his discharge. ( Section 18, Rule 119)
Arrest (7 times) Arrest without warrant, when lawful (4 times)
(1) In the presence of the arresting person, the person to be arrested has committed, is actually committing or is attempting to commit an offense (In Flagrante Delicto Arrest ); (2) The offense had been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it ( Doctrine of Hot Pursuit ); (3) A prisoner who has escaped from a penal establishment or place where he i s serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another ( Arrest of An Escapee) (Section 5, Rule 113 ) Method of arrest (1 time)
(1)Probable cause: must be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce; (2)Evaluation: prosecutor‘s report and the evidence in the preliminary investigation; (3) Particular description of the person to be arrested; (4) In connection with a specific offense or crime. (Section 2, Article III, 1987 Constitution ) Determination of probable cause for issuance of warrant of arrest (1 time)
Probable cause The issuance of a warrant of arrest must be personally determined by the judge after examination under oath of the complainant and the witnesses he may produce. It is different from the probable cause to be determined by the investigating prosecutor in a preliminary investigation. (Section 6, Rule 112 )
Preliminary investigation (6 times) When warrant of arrest may be issued (3 times) If the judge finds probable cause, he shall issue a warrant of arrest. ( Section 6, Rule 112 )
36
Purposes of preliminary investigation (1 time) To determine whether or not a crime has been committed and whether or not there is probable cause to believe that the accused is guilty. (Raro vs. Sandiganbayan [2000] ) Remedies of accused if there was no preliminary investigation (1 time)
days from filing and arraigned w/in 10 days from the date of raffle (Speedy Trial Act ); (2) Complainant is about to leave the Philippines with no definite date of return; (3) Cases under Child Abuse Act- trial shall be commenced within 3 days from arraignment; (4) Cases under the Dangerous Drugs Act; (5) Heinous crimes, violation of Intellectual Property Rights, etc. ( Section 1 (g), Rule 116 )
Specific Rules on Arraignment (1) Refuse to enter a plea upon arraignment and object to the proceedings; (2) Before information is filed, insist for a preliminary investigation; (3) If preliminary investigation is refused, accused may file petition for certiorari ( Section 7, Paragraphs 2&3, Rule 112 ) Inquest (1 time) An informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court. ( DOJ-NPS Manual )
Arraignment and plea (4 times) When arraignment should be held GR: Accused should be arraigned within 30 days from the date the court acquires jurisdiction over his person. EXC: Unless a shorter period is provided for by law: (1) Accused is under preventive detention- case should be raffled w/in 3
(1) Trial in absentia may be conducted only after valid arraignment; (2) Accused must personally appear during arraignment and enter his plea; (3) Accused is presumed to have been validly arraigned despite absence of proof to the contrary; (4) Generally, judgment is void if accused has not been validly arraigned; (5) If accused went into trial without being arraigned, subsequent arraignment will cure the error provided that the accused was able to present evidence and cross examine the witnesses of the prosecution.
When accused may enter a plea of guilt to a lesser offense Plea to a lesser offense during arraignment : The lesser offense must be necessarily included in the offense charged with the consent of the offended party and prosecutor. Plea to a lesser offense after arraignment but before trial : Accused may be allowed to plead guilty to a lesser offense after withdrawing his plea. No amendment of the complaint or information is necessary. Plea to a lesser offense after trial has begun : Change of plea to a lesser offense may be granted with the approval of 37
the prosecutor and the offended party if the prosecution does not have sufficient evidence to establish the guilt of the accused for the crime charged. ( Section 2, Rule 116)
Duty of the Court when accused pleads guilty to a Capital Offense
(1) Conduct searching inquiry into the voluntariness and full comprehension of the consequences of the plea; (2) Require prosecution to present evidence to prove the guilt and precise degree of culpability of the accused; (3) Ask the accused if he desires to present evidence and allow him to do so if he desires. (Section 3, Rule 116 )
Grounds for suspension of arraignment
(1) Accused appears to be suffering from an unsound mental condition which renders him unable to fully understand the charge against him and to plead intelligently; (2) Prejudicial question; and (3) A petition for review of the resolution of the prosecutor is pending at the Department of Justice or the Office of the President, provided that the period of suspension shall not exceed 60 days counted from the filing of the petition. ( Section 11, Rule 116)
Judgment (3 times) Contents of Judgment Conviction
(1)
Legal qualification of the offense and the aggravating/mitigating circumstance; (2) Participation of
the accused in the offense; (3) Penalty imposed upon the accused; (4) Civil liability or damages, if there is any, unless the enforcement of the civil liability by a separate civil action has been reserved or waived. ( Section 2, Rule 120)
Judgment for two or more offenses charged in the complaint or information Complaint or information must charge only one offense except in cases in which existing laws prescribe a single punishment for various offenses. Thus, where the accused fails to object to two or more offenses charged in a single information or complaint before trial, the court may (1) Convict him of as many offenses as are charged and proved, except when one of the offenses has been a necessary means for committing the other offense and where both have been the result of a single act; and (2) Impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense. (Section 13, Rule 110 )
Judgment in case of variance between allegation and proof GR: An accused cannot be convicted of the offense unless it is charged and proved. If the offense is not charged although proved, or if it is not proved although charged, the accused CANNOT be convicted thereof. EXC: Where there is a variance between the offense charged in the information and that proved AND the offense as charged is included in the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or 38
of the offense charged which is included in the offense proved. (Section 4, Rule 120 )
Judgment becomes final
cause, he would lose the remedy to appeal. (Section 1, Rule 122)
Effect of Appeal by any of several accused
(1) After the lapse of the period for perfecting an appeal; (2) When the sentence has been partially/totally satisfied or served; (3) Accused has expressly waived in writing his right to appeal; (4) When the accused applies for probation, and thereby waives right to appeal.
(1) Appeal taken by one or more of several accused shall not affect those who did not appeal; (2) Appeal of the offended party from the civil aspect shall not affect the criminal aspect; (3) Upon perfection of the appeal, the execution of the judgment or f inal order appealed from shall be stayed as to the appealing party. ( Section 11, Rule 122)
Pre-trial (1 time)
Provisional remedies (1 time)
Things considered during pre-trial Provisional Remedies in Criminal proceedings (1) Plea bargaining; (2) Stipulation of facts; (3) Marking for identification of evidence; (4) Waiver of objections to admissibility of evidence; (5) Modification of order of trial if accused admits the charge but interposes a lawful defense; (6) Matters to promote fair and expeditious trial of civil and criminal aspects of the case. (Section 1, Rule 118 )
1. 2. 3. 4. 5.
Attachment ( Rule 57 ) Preliminary Injunction (Rule 58) Receivership (Rule 59) Delivery of personal property ( Rule 60) Support pendente lite (Rule 61)
Appeal (1 time)
IV. Special Proceedings (59 times) Who may Appeal GR: Any party may appeal from a judgment or final order. EXC: (1) Party may not appeal if the accused will be placed in double jeopardy by such action; (2) If the judgment is for conviction and the accused fails to appear without justifiable
Production and probate of will (10 times)
39
Nature of Probate Proceeding (1) In Rem; (2) Mandatory (Section 1, Rule 75); (3) Imbued with public policy, imprescriptible and doctrine of estoppel does not apply. (Fernandez vs Dimagiba )
set forth in his answer, the claims he has against the decedent, instead of presenting them independently to the court. (Section 5, Rule 86 ) Time within which claims shall be filed; exceptions (1
time) GR: A probate proceeding only looks at extrinsic validity. EXC: The probate court may pass upon the intrinsic validity of the will because there is apparent defect in its face- this is also known as the principle of practical consideration.
Claims against the estate (7 times) Claim of executor or administrator against the estate
(3 times) (1) Executor/Administrator shall give n otice in writing to the court; (2) The Court shall appoint a special administrator who shall have the same powers and liabilities as the general executor/administrator in the adjustment of such claim; (3) The Court may order the executor or administrator to pay the special administrator necessary funds to defend such claim. ( Section 8, Rule 86) Statute of non-claims (2 times) GR: Failure to make the claim within the time fixed by the Courts will result in barring any recovery. EXC: (1) When set forth as counterclaims in any action that the executor/administrator may bring against the claimants; (2) If decedent is a creditor and the executor or administrator commences an action or continues the action - debtor may
Claims must be filed within the time specified by court which shall not be less than 6 months nor more than 12 months from first publication of the notice. However, at any time before an order of distribution is entered, on application of a creditor who failed to file his claim within the time previously limited, the court may allow such claim to be filed within a time not exceeding one (1) month. (Section2, Rule 86) Payment of debts (1 time) GR: Payment of debts of the estate must be taken in the (1) Portion or property designated in the will – The debts of the testator, expenses of administration, or family expenses, shall be paid according to the provisions of the will. If such are insufficient, the properties not disposed of by will shall be appropriated for that purpose; (2) Personal property; and (3) Real property. EXC: On application by executor or administrator, with written notice to persons interested, and after hearing, real properties can be charged first even though the personal properties are not exhausted when (1) Personal property is not sufficient to pay the debts, expenses of administration and legacies (Section 3, Rule 88); (2) Sale of such personal property would be detrimental to the participants of the 40
Writ of Amparo(A.M. No. 07-9-12-SC) (6 times)
estate (Section 3, Rule 88 ); (3) Sale of personal property may injure the business or other interests ( Section 2, Rule 88); (4) Testator has not made sufficient provision for payment of such debts, expenses or legacies (Section 2, Rule 88); (5) Decedent under contract, binding in law, to deed real property to beneficiary ( Section 8, Rule 89); and (6) Decedent during his lifetime held real property in trust for another person. (Section 9, Rule 89)
Remedy available to any person who‘s right to life, liberty and security is violated.
Summary settlement of estates (6 times)
Opposition to issuance of letters testamentary; simultaneous filing of petition for administration (2
Extrajudicial settlement by agreement between heirs, when allowed (6 times) Where the decedent left no will and no debts and heirs are all of age, or the minors are represented by their representatives duly authorized for the purpose. (Section 1, Rule 74)
Writ of Habeas Corpus (6 times) A Writ directed to the person detaining another and commanding him to produce the body of the prisoner at a certain time and place with the day and the cause of his caption and detention, to be submitted to and received whatsoever, by the court or judge awarding the writ. ( Rule 102)
Letters testamentary and of administration (4 times)
times) Grounds for opposition (1) Incompetency of the person/s named in the will as executor/s; (2) Contestant‘s right to the administration. Powers and duties of executors and administrators; restrictions on the powers (1 time) (1) Cannot acquire by purchase, even at public or judicial action, the property under administration (Art. 1491 NCC, par. 3); (2) Cannot borrow money without authority from the court; (3) Cannot speculate with funds under administration; (4) Cannot lease the property under administration for more than 1 year; (5) Cannot continue the business of the deceased unless authorized by the court. Grounds for removal of administrator (1 time) (1) Neglect to render his account, settle the estate according to law and perform an order or judgment of the court, or a duty expressly provided by the Rules; (2) Absconds; (3) Becomes insane; (4) Becomes incapable or unsuitable to discharge the trust. (Section 2, Rule 82 ) 41
Grounds for disallowing a will (1 time)
Settlement of estate of deceased persons, venue and process (2 times) Which court has jurisdiction (1 time)
Venue (1) Resident of the Philippines (citizen or alien) – court of the province or country where he resides at the time of death; (2) Resident of a foreign country – court of any province where he had his estate ( Section 1, Rule 73) Venue in judicial settlement of estate (1 time) Country where decedent had his residence or had an estate, if a nonresident. (Section 1, Rule 73)
Allowance or disallowance of will (2 times) Contents of petition for allowance of will (1 time) (1) Jurisdictional facts — death of the testator and his residence at the time of death or province where estate is located; (2) Names, age, and residence of heirs, legatees, and devisees; (3) Probable value and character of the property; (4) Name of person for whom letters are prayed; and (5) Name of person having custody of the will (if not yet delivered to court). (Section 2, Rule 76 )
Note: No defect in the petition shall render void the i. Allowance of will; ii. Issuance of letters testamentary; or iii. Administration with which the will is annexed.
(1) Not executed and attested to (formalities); (2) Testator was insane or mentally incapable to make a will at the time of execution; (3) Executed under duress, influence of fear or threats; (4) Procured through undue pressure and influence on the part of the beneficiary or of some other person for his benefit; (5) Signature was procured by fraud or trick. ( Section 9, Rule 76)
Distribution and partition (2 times) Liquidation (1 time) Determination of all assets of the estate and payment of all debts and expenses. (Section 1, Rule 90 ) Project of partition (1 time)
Who pays expenses of partition (1) Executor or administrator; or (2) Parties in proportion to their respective share or interest.
Escheat (2 times) Proceeding where real and personal property in the Philippines of a deceased who dies w/o a will or heirs, become the property of the State upon his death. (Rule 91)
Guardianship (2 times) Guardian 42
A person entrusted with the custody of a person, estate or both. (Rule 92)
In a position to support and care for his/her children in keeping with the means of the family.
Who May Be Adopted According to scope (1) Guardian of the person –lawfully invested with the care of a minor; (2) Guardian of the property – appointed to manage the estate of a minor or incompetent person; (3) General guardian– appointed to have the care and custody of a person and all the property of the ward.
According to constitution (1) Legal guardian – without need of judicial appointment; (2) Guardian ad litem – appointed by the court to prosecute or defend a minor, insane or incompetent person, in an action; (3) Judicial guardian – appointed by law, as guardian for insane persons, prodigals, minors, etc.
Adoption (2 times) Adoption is a privilege; Not innate or fundamental; Created by statute; a Privilege which is governed by the state‘s determination of what is for the best welfare of the child. (RA 8552, RA 8043, AM No. 02-06-02-SC ) Domestic Adoption Act (2 times) Who may adopt (Section 4) (1) Filipino citizen; (2) Of legal age; (3) Has full civil capacity and legal rights; (4) Of good moral character; (5) Not been convicted of any crime involving moral turpitude; (6) Emotionally and psychologically capable of caring for children; (7) At least 16 years older than the adoptee; (8)
(1) Any person below 18 years old judicially declared available for adoption or voluntarily committed to DSWD; (2) Legitimate child of one spouse; (3) Illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy; (4) Person of legal age regardless of civil status, if prior to the adoption, said person has been consistently considered and treated by the adopters as their own child since minority; (5) Child whose adoption has been previously rescinded; (6) Child whose biological or adoptive parents have died; (7) Not otherwise disqualified by law or Rules. (Section 5 )
Writ of Habeas Data (A.M. No. 08-1-16-SC) (2 times) Writ of habeas data Remedy available to any person whose right to privacy life, liberty or security is violated by anyone engaged in the gathering, collecting or storing of information regarding the person, family, home and correspondence of the aggrieved party.
Cancellation or correction of entries in the Civil Registry (2 times) Who may file petition Any person interested in any act, event, order, decree or status of persons recorded in the civil registry. ( Rule 108)
43
Entries subject to cancellation or correction (1) Birth; (2) Marriage; (3) Death; (4) Legal separation; (5) Annulment of marriage; (6) Marriages void from the beginning; (7) Legitimations; (8) Adoption; (9) Acknowledgment of natural children; (10) Naturalizations; (11) Election, loss or recovery of citizenship; (12) Civil interdiction; (13) Judicial determination of filiation; (14) Voluntary emancipation of minor; (15) Change of name.
Change of name (1 time)
deceased, or the distributive share of the estate to which such person is entitled; (3) Allows or disallows, any claim against the estate, or any claim presented on behalf of the estate; (4) Settles the account of an executor/ administrator; (5) Constitutes a final determination of the rights of the party appealing, in the settlement of the estate, except that no appeal shall be allowed from the appointment of a special administrator; and (6) Final order affects substantial rights of the person appealing, unless it be an order granting or denying a motion for a new trial or reconsideration. (Rule 109)
Actions by and against executors and administrators (1 time)
Venue RTC of the province where he resides or the Juvenile and Domestic Relations Court if from Manila.
Actions which may be commenced directly against the executor or administrator:
Contents (must be signed and verified ) (1) That petitioner has been a bona fide resident of the province where the petition is filed for at least 3 years prior to date of filing; (2) Cause; (3) New name. (Rule 103)
Absentees (1 time) One who disappears from his domicile and his whereabouts are unknown without an agent to administer his property or the power of agent has expired. ( Rule 107 )
Appeals in special proceedings (1 time) An interested person may appeal an order or judgment rendered by a CFI or a Juvenile and Domestic Relations Court, where such order or judgment (1) Allows or disallows a will; (2) Determines who are the lawful heirs of a
(1) Recovery of real or personal property from the estate; (2) Enforcement of lien; (3) Recovery of damages for any injury to person or property ( Rule 87 )
V. Jurisdiction (44 times) Jurisdiction of courts (28 times) It is the power to hear and decide cases. ( Herrera vs. Baretto Joaquin, 25 Phil 245 ) Sandiganbayan (9 times)
Original jurisdiction 44
I. (1) Violations of R.A. No. 3019, otherwise known as the ―Anti-Graft and Corrupt Practices Act‖; (2) R.A. No. 1379; (3) Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the principal accused are occupying the following positions in the government, whether in a permanent, acting or interim capacity at the same time of the commission of the offense: i. officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade 27 and higher, of the Compensation and Position Classification Act of 1989 ( R.A. No. 6758), ii. Members of Congress and officials thereof classified as Grade 27 and up under the Compensation and Position Classification Act of 1989, iii. Members of the Judiciary without prejudice to the provisions of the Constitution, iv. Chairmen and members of the Constitutional Commissions without prejudice to the provisions of the Constitution, and v. All other national and local officials classified as Grade 27 and higher under the Compensation and Position Classified Act of 1989.
II. Other offenses or felonies committed by the public officials and employees mentioned in Section 4(a) of R.A. No. 7975 as amended by R.A. No. 8249 in relation to their office.
property involved exceeds P20, 0000 or, for civil actions in Metro Manila, where such value exceeds P50, 000 except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the MTC, MeTC, MCTC; (3) in all actions in admiralty and maritime jurisdiction where the demand or claim exceeds P300, 000 or in Metro Manila, where such demand or claim exceeds P400, 000; (4) in all matters of probate, both testate and intestate, where the gross value of the estate exceeds P300, 000 or probate matters in Metro Manila, where such gross value exceeds P400, 000; (5) In all actions involving the contract of marriage and marital relations; (6) in all cases not within the exclusive jurisdiction of any court, tribunal, person, or body exercising judicial or quasi-judicial functions; (7) in all civil actions and civil proceedings falling within the exclusive original jurisdiction of Juvenile and Domestic Relations Court and of Court of Agrarian Relations as now provided by law; and (8) in all other cases in which the demand, exclusive of interest and damages of whatever kind, attorney‘s fees, litigation expenses and cost or the value of the property in controversy exceeds P300, 000, or in such other cases in Metro Manila, where the demand, exclusive of the abovementioned exceeds P400, 000. (Section 1, R.A. No. 7691, An Act Expanding the Jurisdiction of the MTC, RTC, MCTC, amending B.P. Blg. 129. )
III. Civil and criminal cases filed pursuant to and in connection with Executive Order No. 1,2,14, and 14-A. (Section 4, R.A. No. 8249 )
Metropolitan Trial Courts/ Municipal Trial Courts (8
Regional Trial Courts (9 times)
The metropolitan Trial Court of Manila has no jurisdiction because the action for the annulment of the extrajudicial foreclosure is not capable of pecuniary estimation and is therefore under the jurisdiction of the Regional Trial Courts. (Russell v. Vestil, 304 SCRA 738. 1999 )
Exclusive Original Jurisdiction
(1) in all civil actions in which the subject of the litigation is incapable of pecuniary estimation; (2) in all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the
times)
However, the action for annulment is a personal action and the venue depends on the residence of either A or B. Hence 45
it should be brought in the Regional Trial Court of the place where either of the parties resides. The MeTC did not have jurisdiction over the case because the total amount of the demand exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, was P1 M. Its jurisdictional amount at this time should not exceed P400, 000.00. ( Section 33 of B.P. Blg. 129, as amended by R.A. No. 7691 ) However, the court's order to forward the case to the RTC is not proper. It should merely dismiss the complaint. Under Section 3 of Rule 16, the court may dismiss the action or claim, deny the motion or order the amendment of the pleading but not to forward the case to another court. Court of Appeals (5 times) The Court of Appeals has concurrent jurisdiction with the family courts and the Supreme Court in petition for habeas corpus where the custody of minors is at issue, notwithstanding the provision in the Family Courts Act (Republic Act. No. 8369 ) that family courts have exclusive jurisdiction in such cases. ( Thornton v. Thornton, 436 SCRA 530 [2004]) Section 20 (6) of SCAM No. 03-04-04 (2003) provides: "the petition may likewise be filed with the Supreme Court, Court of Appeals, or with any of its members and, if so granted the writ shall be enforceable anywhere in the Philippines. The writ may be made returnable to a Family Court or to any regular court within the region where the petitioner resides or where the minor may be found for hearing and decision on the merits.
Instances where the Court of Appeals may act as a trial court
(1) In annulment of judgment under Sec. 5 and 6, rule 47, Should the Court of Appeals find prima facie merit in the petition, the same shall be given due course and summons shall be served on the respondent, after which trial will follow, where the procedure in ordinary civil cases shall be observed; (2) When a motion for n ew trial is granted by the Court of Appeals, the procedure in the new trial shall be the same as that granted by a Regional Trial Court ( Section 4, Rule 53); (3) A petition for habeas corpus shall be set for hearing (Section 12 Rule 102); (4) In a petition for the writs of amparo and habeas data, a hearing can be conducted; (5) Under Sec. 12, Rule 124 of the Rules of criminal Procedure, the Court of Appeals has the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues cases which fall within i ts original and appellate jurisdiction; (6) The Court of Appeals can grant a new trial based on the ground of newly discovered evidence. ( Section 14, Rule 124); (7) The Court of Appeals, under Sec. 6, Rule 46, whenever necessary to resolve facual issues, may conduct hearing thereon or delegat the reception of the evidence of such issues to any of its members or to an appropriate agency or office. Family Courts (3 times) The records of child and family cases in the Family Courts or Regional Trial Court designated by the Supreme Court to handle Family Court cases shall be dealt with utmost confidentiality. (Section 23, Family Courts Act. of 1997 ) Supreme Court (2 times) The Court of Appeals can only review the Decisions of the Ombudsman in administrative in an appeal by petition for review under Rule 43 of the 1997 Revised Rules of Civil Procedure. It has no jurisdiction to review Decisions of the Ombudsman in criminal cases, the proper remedy being to 46
file with the Supreme Court an original petition for certiorari under Rules 65 (Fabian v. Ombudsman Desierto, 295 SCRA 470 (1998) Kuizon v. Ombudsman Desierto, 354 SCRA 158 (2001); Mendoza-Arce v. Ombudsman, 380 SCRA 325 (2002). Court of Tax Appeals (2 times) A decision of a Division of the Court of Tax Appeals (CTA) is appealable within 15 days to the CTA en banc (Sec. 18, Rep. Act No. 9282, as amended. On the other hand, a party adversely affected by a decision or ruling of the Court of Tax Appeals en banc may file with the Supreme Court a verified petition for review on certiorari pursuant to Rule 45 of the 1997 Rules of Civil Procedure. ( Section 19, Republic Act. No. 9282, as amended )
Note: Republic Act No. 9282 expanded the jurisdiction of the Court of Tax Appeals and elevated the same to the level of a collegiate court equivalent to the rank of the Court of Appeals. Hence, the Court of Appeals no longer has jurisdiction to review decisions of th e Court of Tax Appeals en banc.
Over the subject matter (2 times) How jurisdiction is conferred and determined (2
times)
(1 time) How jurisdiction over the plaintiff is acquired (1 time) Jurisdiction over the person of the plaintiff is acquired by the filing of the initiatory pleading, like a complaint.
Over the issues (1 time) How acquired It is acquired or conferred by the pleadings. ( Reyes vs. Diaz, 73 Phil. 484)
Over the res or property in litigation (1 time) It is acquired by the seizure of the thing under legal process whereby it is brought into actual custody of law, or it may result from the institution of a legal proceeding wherein the power of the court over the thing is recognized and made effective. (Banco- Eapañol vs. Palanca, 37 Phil. 291 )
Over small claims; cases covered by the Rules on Summary Procedure and Barangay Conciliation (1 time) Small Claims
It is conferred by law, that is, B.P. Blg. 129, otherwise known as the ―Judiciary Reorganization Act.‖ It does not depend on the objection or the acts or omissions of the parties or anyone of them. ( Republic vs. Sangalang, 159 SCRA 515 [1988]; PNB vs. Florendo, 206 SCRA 582 [1992])
To provide a simpler and more inexpensive and expeditious means of settling disputes involving purely money claims than the regular civil process.
Summary Procedure
Over the parties 47
To achieve an expeditious and inexpensive determination of the cases defined to be governed by the Rules on Summary Procedure.
KatarungangPambarangay Law
Substantive law vis-á-vis remedial law (2 times) Substantive Law
Remedial Law
Part of the law which creates, defines, or regulates rights concerning life, liberty or property or the powers of agencies or instrumentalities for the administration of public affairs.
Refers to the legislation providing means or methods whereby causes of action may be effectuated, wrongs redressed and relief obtained (also known as adjective law).
Creates vested rights.
Does not create vested rights.
Concept of remedial law (2 times)
Prospective in application.
Retroactive in application.
It is a branch of public law, which prescribes the procedural rules to be observed in litigations, whether civil, criminal or administrative, and in special proceedings, as well as the remedies or reliefs available in each case. (2006 )
Cannot be enacted by the Supreme Court.
The Supreme Court is expressly empowered to promulgate procedural rules. (2006)
It plays a vital role in the administration of justice. It lies at the very core of procedural due process, which means a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial, and contemplates an opportunity to be heard before judgment is rendered (HERRERA, Vol. I, p. 1, 2007 edition )
Rule-making power of the Supreme Court (1 time)
To effect an amicable settlement of disputes among family and barangay members at the barangay level without judicial recourse and consequently help relieve the courts of docket congestion. (Preamble of P.D. 1508)
VI. General Principles (6 times)
Limitations (1) It shall provide a simplified and inexpensive procedure for the speedy disposition of cases; (2) The rules must be uniform for all the courts of the same grade; and (3) The 48
rules must not diminish, increase or modify substantive rights. (Cruz, Philippine Political Law, p. 281, 2002 edition )
Power to suspend application of the rule
the complaint for prematurity or absence of cause of action. ( ALBANO, Remedial Law Reviewer, p.34 [2014] )
Cases covered; not covered (2 time)
In the interest of just and expeditious proceedings, the Supreme Court may suspend application of rules because the Rules were precisely adopted with the primary objective of enhancing fair trial and expeditious justice. ( Republic v. CA, G.R. No. L-31303, May 31, [1978] )
The luponof each barangay shall have authority to bring together the parties actually residing in the same municipality or city for amicable settlement of all disputes, except:
Nature of Philippine courts (1 time)
(a) where one party is the government or any subdivision or instrumentality thereof; (b) where one party is a public
Philippine courts are courts of law and equity. Hence, both legal and equitable jurisdiction is dispensed with in the same tribunal. (U.S. vs. Tamparong, 31 Phil. 321, 327 )
VII. KatarungangPambarangay Law (P.D. No. 1508; R.A. 7610, as amended) (5 times) Execution (3 times) KatarungangPambarangay Law provides for the The settlement of disputes between individual residents of the same city or municipality through mediation, arbitration, or katarungangPambarangay. conciliation, before the Compliance therewith is a condition precedent to the filing of a complaint or information in the court or before the fiscal‘s office, and its absence is a ground for dismissal of
officer or employee, and the dispute relates to the performance of his official functions; (c) offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5,000.00; (d) offenses where there is no private offended party; (e) where the dispute involves real properties located in different cities or muni cipalities, unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon; (f) disputes involving parties who actually reside in barangays of different cities or municipalities except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon; (g) such other classes of disputes which thePresident may determine in the interest of justice or upon the recommendation of the Secretary of Justice; (h) any complaint by or against corporations, partnerships, or juridical entities. The reason is that only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents; (i) disputes where urgent legal action is necessary to prevent injustice from being committed or further continued in (i) a criminal case where the accused is under police custody or detention, (ii) a petition for habeas corpus by a person illegally detained or deprived of his liberty or one acting in his behalf, (iii) actions coupled with provisional remedies, such as 49
preliminary injunction, attachment, replevin and support pendente lite, and (iv) where the action may be barred by statute of limitations; (j) labor disputes or controversies arising from employer-employee relationship ( Montoya vs. Escayo, et al., 17 SCRA 442; Article 228, Labor Code as amended ); (k) where the dispute arises from the Comprehensive Agrarian Reform Law (Sections 46 and 47, R.A. No. 6657 ); (l) actions to annul judgment upon a compromise which can be filed directly in court. (Sanchez vs. Tupaz, 158 SCRA 459)
reimbursement of sum of money; (2) The civil aspect of criminal actions either filed before the institution of the criminal action or reserved upon the filing of a criminal action in court, pursuant to Rule 111 of the Revised Rules of Criminal Procedure (Section 4); and (3) The enforcement of a barangay amicable settlement or an arbitration award involving money claims covered by the Rule, pursuant to Section 417 of the Local Government Code of 1991.
Commencement of small claims action; response (1 time)
VIII. Rule of Procedure for Small Claims Cases (A.M. (1) The plaintiff must first accomplish a verified Statement No.certify 08-8-7-SC) (5provided, times) of Claim and the information stating that How small claims case start
It is a special rule of procedure adopted by the Supreme Court pursuant to its rule-making power under Section 5(5), Article VIII of the 198 7 Constitution, to govern small claims cases and is to be piloted in designated first level courts. (MTC, MTCC, and MCTC ) This rule allows a plaintiff to sue a defendant without the need of a l awyer.
Scope and applicability of the rule (2 times) The Rule governs the procedure in actions for money claims before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts where the value of the claim does not exceed One Hundred Thousand Pesos (P100,000.00), exclusive of interest and costs.
Applicability (1) Those which are purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or
he has not filed any action involving the very same issue in any other court, tribunal or agency through a verification and certification of non-forum shopping; (2) The Statement of Claim must be accompanied by certified duplicate photocopies of all supporting documents; (3) The plaintiff then files the Statement of Claim with its accompanying documents with the office of the clerk of court of the small claims court, personally or through mail, and pays the correct docket and filing fees prescribed under Rule 141 of the Revised Rules of Court (Section 5 ); (4) If one is an indigent, he may apply to the small claims court to qualify as an indigent, and once qualified, he is exempt from payment of such fees (Section 8). Note: In no case shall a party, even if declared an indigent, be exempt from the payment of P1,000.00 fee for service of summons and processes in civil cases (Section 8). Plaintiff may join in a single statement of claim one or more separate small claims against a defendant provided that the total amount claimed, exclusive of interest and costs, does not exceed 100,000 (Section 6). 50
When defendant should file a response The defendant shall file with the court and serve on the plaintiff a duly accomplished and verified response within a non-extendible period of ten (10) days from receipt of summons.
is designed to preclude unmeritorious appeals that result in long drawn litigation for cases of this nature, pursuant to the Supreme Court‘s constitutional mandate to enact rules of procedure.
Remedy when decision is final and unappealable The response shall be accompanied by certified photocopies of documents, as well as affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Response, unless good cause is shown for the admission of additional evidence (Section 11).
Prohibited pleadings and motions (1 times)
The rule does not preclude a party from filing a petition for certiorari under Rule 65, when there is grave abuse of discretion amounting to lack or excess of jurisdiction in relation to a judgment in a small claims action (such a petition is prohibited with regard to in terlocutory orders). Further, the aggrieved party can also file an action for annulment of judgment when the requirements under the Rules of Civil Procedure are complied with.
(1) Motion to dismiss the complaint except on the ground of lack of jurisdiction; (2) Motion for a bill of particulars; (3) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; (4) Petition for relief from judgment; (5) Motion for extension of time to file pleadings, affidavits, or any other paper; (6) Memoranda; (7) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; (8) Motion to declare the defendant in default; (9) Dilatory motions for postponement; (10) Reply; (11) Third-party complaints; and (12) Interventions. ( Section 14)
IX. Revised Rule on Summary Procedure (4 times) Cases covered by the rule (3 times) Scope
Finality of judgment (1 time) When appeal is not allowed A decision in small claims cases is final and unappealable. (Section 23) The declaration that the decision is final and unappealable is in line with the nature of small claims which
This rule shall govern the summary procedure in Metropolitan Trial Courts, the Municipal Trial Court in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in (a) Civil Cases i.) all cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney‘s fees are awarded, the same shall not exceed P20, 000.00 and ii.) all other civil cases, except probate proceedings, 51
where the total amount of plaintiff‘s claim does not exceed P10,000.00, exclusive of interest and costs; (b) criminal cases i.) violations of traffic laws, rules and regulations, ii.) violations of rental law, iii.) violations of municipal or city ordinances, iv.) all other criminal cases where penalty prescribed by law for the offense charged is imprisonment not exceeding 6 months, or a fine not exceeding P1,000.00 or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: Provided, however, that in offenses involving damage to property through criminal negligence, this rule shall govern where the imposable fine does not exceed P10,000.00. (Section 1, A.M. No. 00-11-01-SC )
Effect of failure to answer (1 time) Should the defendant fail to answer the complaint within the period above provided, the court, motuproprio, or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein; Provided, however, that the court may in its discretion reduce the amount of damages and attorney‘s fees claimed for being excessive or otherwise unconscionable. This is without prejudice to the applicability of Section 4, Rule 15 of the Rules of Court, if there are two or more defendants.
X. Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC) (3 times) Scope and applicability of the rule (1 time)
These Rules shall govern the procedure in civil, criminal and special civil actions before the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts involving enforcement or violations of environmental and other related laws, rules and regulations such as but not limited to:
(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees; (b) P.D. No. 705, Revised Forestry Code; (c) P.D. No. 856, Sanitation Code; (d) P.D. No. 979, Marine Pollution Decree; (e) P.D. No. 1067, Water Code; (f) P.D. No. 1151, Philippine Environmental Policy of 1977; (g) P.D. No. 1433, Plant Quarantine Law of 1978; (h) P.D. No. 1586, Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes; (i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any Other Public Ground; (j) R.A. No. 4850, Laguna Lake Development Authority Act; (k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act; (l) R.A. No. 7076, People‘s Small-Scale Mining Act; (m) R.A. No. 7586, National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas; (n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act; (o) R.A. No. 7942, Philippine Mining Act; (p) R.A. No. 8371, Indigenous Peoples Rights Act; (q) R.A. No. 8550, Philippine Fisheries Code; (r) R.A. No. 8749, Clean Air Act; (s) R.A. No. 9003, Ecological Solid Waste Management Act; (t) R.A. No. 9072, National Caves and Cave Resource Management Act; (u) R.A. No. 9147, Wildlife Conservation and Protection Act; (v) R.A. No. 9175, Chainsaw Act; (w) R.A. No. 9275, Clean Water Act; (x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and (y) Provisions in C.A. No. 141, The Public Land 52
