Rem pre-week
Nov 14, 2011
Civil procedure
 Filing fees
o On environmental cases, filing fees are deferred. They will be a lien on the judgment
(unless indigent)
o Writ of kalikasan/continuing mandamus (envi case), you do not need filing fees. (Not
deferred, no filing fees)
o Citizen’s suit, action by Filipino citizen, in representation of minors and generations yet
to be born.
 Court issues an order describing the cause of action, requiring interested
persons to intervene. (This is the only instance outside rule 19, wherein cort
comes up with order to require interested persons to intervene)
o Filing fees are jurisdictional
 Case: If the action is nullity of deed f sale or agreement which involves a real
action
 Filing fees dictated by rule 141
o Based on the fare market value of property as in tax dec
o Or zonal value by BIR
o Whichever is higher
 Absent these two, it is just based on the stated value in
the complaint.
o Deficiency payment in filing fees
 If brought about by fraud or refusal to pay, Manchesterrule, court does not
acquire jurisdiction. Not cured by subsequent payment. No J
 If brought about by reliance on clerk of court in good faith, court acquires
jurisdiction.
 Can a juridical entity claim to be an indigent? (to exempt payment from fees)
 No. even if the jur entity is a non profit foundation, it cannot be an
indigent
 Legal aid clients of IBP chapters are exempt from f fees.
 Jurisdiction
o Exceeding 400K RTC in MM
o Not ex 400K, MTC in mm
o 300K RTC/ not, MTC
o Summary procedure
 200 in mm, 100 outside mm
o Small claims
 Not exceeding 100K
o Question of J can be raised anytime even on appeal
 Except if there is estoppel
o Determined by allegations of the complaint
 Ex: lands is agricultural, but arties are not landlord/tenant, which has J, DARAB
or courts?
 Allegations in complaint determines J
 Just because land is agri, does not mean it is within DARAB
o Where do you go from decisions of PARAB (provincial adjudication board)
 To DARAB, not CA
Where do you go from RTC as special agrarian court?
 CA on petition for review
When do you need a pleading to be verified?
 Only when required
 Environmental cases? Yes. They are required to be verified
Pleadings
o Ultimate facts, not evidentiary matters
o But, In envi cases, you also have to attach documents and object evidence if
available.(These are evidentiary matters already)
o Can you amend complaint which has no cause of action to give it cause?
 No. Turner v turner (2010)
o Is an election law case akin to ordinary civil action?
 No. These are two diff cases
Cause of action
o Req
 Right
 Obligation to respect right
 Britch or violation thereof
o You cannot split a cause of action
 If you split it, it is forum shopping
o Res judicata
 Multiple cases
 Same cause of action
 Judjment in one
o Litis
 Same as res, but no judgment in one
o Splitting cause of action
 Multiple cases
 Same cause
 Different reliefs
o Joinder of cause of action
 Not mandatory, only permissive
 You cannot join if one is ordinary action, and one is special.
 Must respect jurisdiction and venue.
 If RTC has J, the rest will follow
o Permissive joinder of parties (diff from j of actions, but overlaps)
 Requisites rule 3 sec 6
 Arise from same transaction or series of transactions
 Commonality of fact or law
 Can be jointly, severally or alternative
Real parties in interest vs legal standing
o Real P – private suits
 Private suits
 Envi rules: includes government and juridical entities
o Legal standing
 Public suits
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Necessary party and indispensable party
o Necessary
 If not included, there is still a valid judgment
 If ordered to implead but not impleaded, right against that party waived
o Indispensible party
 If not included, judgment is null and void
 If ordered by the court to implead, but failed, court dismisses case
o Case:
 Petitioner to a petition for relief from judgment should be a party to an original
action
o Quo warranto
 An individual petitioner in quo warranto
 As a rule, govt initiates QW
 An individual can initiate. But he should show that he has a right to the
office.
Class suit
o Req
 Parties are so numerous that it is impracticable to bring them all together
 Common or general interest
o Important: There should be adequacy of representation.
 How do we know if there is adequacy
 Whether interest of the named parties is co extensive with others that
he claims to represent
 The proportion of those parties as it bears to the total number
represented
 Ability to speak for the rest
 Case: 500 members, but only 64 who filed class suit, not enough
Substitution
o Rule 3 section 16. Substitution in case of death.
 No distinction as to the party (that died) is plaintiff or defendant
 Not personal
 One part
 Duty to inform the court 30 days from the fact thereof
 Counsel must name an heir, executor or admin as a legal rep
 Second part
 Court must ORDER substitution
 2 parts must be present for there to be a substitution
o Substitution is not a matter of Jurisdiction, but of due process
 Only if there is a violation of due process will proceedings be null and void
o Formal substitution is not necessary when the heirs themselves appear and manifest
(brioso case)
 Judgment is valid as to the parties and heirs of represented, but not binding as
to those heirs who were not represented.
o Rule 3 sec 20
 Involves:
 Defendant dies.
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Nature of action involves recovery of sums of money (whether contract
or implied)
 No substitution
 Case continues against estate
o Rule 3 sec 19
 Applies only if both parties (transferor and transferee) are alive.
 What if there is already transfer of interest before death?
 Substitute cannot be the ‘transferee in interest’
Indigent
o Aldura v local govt
 2 step procedure in determining an indigent
 Must prove that he falls in rule 141 sec 19. (income does not exceed
double min wage and property exceeding 300K)
o If he falls squarely in this, indigent. No ifs or buts.
 If does not fall under this, then rule 3 sec 21 applies. Indigency test.
Court will determine if you are indigent
SLAPP (Strategic lawsuit against public participation) (in envi cases)
o SLAPPS are made to harass or vex against public officers who are handling envi cases
 Public officer enforces envi laws, institute a case against him to vex him. That’s a
SLAPP.
o Can be used as an affirmative defense
 Modifies rule 6 accordingly
o Envi court, in a summary hearing, must resolve this issue within 30 days
Venue
o Where plaintiff or defendant or principal Pl r Def resides.
o If there is a stipulation of venue, does not exclude others unless there is exclusivity
 If the cause of action did not arise from the contract that stipulates venue, the
stipulation will not apply
 Ex: Same parties but different contract
Mtions
o Macadangdang v gabiola
 Motion for recon filed before RTC (from MTC cases)
 MR is not a prohibited pleading
o Summary pro and summary
 Motions for extensions are prohibited pleadings
o Envi cases
 Motions for ex are prohibited but you can ask for a singular extension for 15
days
o Writ of kalikasan or continuing mandamus
 Motex are prohibited.
Motion to declare in default
o Prohibited in small claims, summary pro, envi cases, and writ of kalik and continuing
mandamus
o Complaint in summary procedure case can be dismissed outright by the court
Judgment on the pleadings
o The answer does not tender an issue or the answer admits the allegations of the
complaint
o
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Judgment on the pleadings Vs summary judgment
 JoP
 Based on the complaint or answer
 Alwayscomplete judgment on the peadings
 Can only be filed by plaintiff after answer
 Answer does not tender issue
 SJ
 Based on the pleadings, affidavits, depositions, or documents outside of
the pleadings
 Can be complete or partial judgment
 Both plaintiff and defendant ca file
o Plaintiff only after answer
o Def as long as pending
 No genuine issue
o False issue
Reply
o Not a mandaroty pleading
o If not reply, the mattrs raised in answer are automatically disputed
Counter claims
o Permissive
 Not a natural offshoot
 Independent action
o Compulsory
 Natural consequence of the main case
 Should be raised immediately, otherwise, considered waived.
 Remedy, is an amendment
o Procedurally, you need Cert of non forum for permissive, not compulsory
Certificate of Non Forum Shopping
o For all orig pleadings
o Petition for issuance of Writ of possession?
 No need for CNFS
 This is in truth a motion (Case)
o In relation to rule 39 section 6 (revival of judgment)
 Case
 If writ of possession issued in 1984, does revival of judgment apply?
 Special proceedings are not covered by rules on revival of judgment. So
no.
 In revival of judgment (no relitigation of case)
o Absence of CNFS
 Dismissed without prejudice
o False cert
 Indirect contempt
 Case dismissed
 Dismissal without prejudice to crim and admin cases
o Willful forum shopping
 Summary dismissal with prejudice
 Direct contempt
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Verification
o Only when required by law.
 Requirement of verif is not jurisdictional. Can be cured.
o Party has read, and is true and correct based on personal know and authentic
documents
Actionable document
o Should be specifically denied under oath
 Denial under oath
 He did not sign it
 It is false or fabricated
 If signed it under misrepresentations or falsity, it does not fall under
denial under oath
o Kinds of specific denial
 General
 Qualified
 Lack of information to form a belief
o Alleged:
 Reproduce in the body of pleading
 Produce substance of contract and then attach copy to pleading
Amendment
o Civil vs crim cases
 Civ
 As a matter of right anytime before answer
 After answer – subject to discretion of court
 If there is a chang in cause of action by reason of amendment, remains
to be a valid amendment.
 What is prohibited is to create a cause of action if there was none
before. Substantial chang in cause of action not prohibited.
 Do you need to serve summons again?
o No. Court already has jurisdiction. Summons only applies to
acquisition of jurisdiction.
 UNLESS, amendment and change in COA results in
addition of more parties
 Is this alias summons?
 No.
 Amendment to conform with evidence, only in civil cases
o Parties agree that there is a variance
 If parties disagree, there can still be amendment to
conform but subject to discretion of court
o Even after judgment, there can be an amendment to conform
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Crim amendment R 110 sec 14
 Reference point is plea
o Before plea, can be an amendment to form and substance
o After plea, can still amend as to form na lang
 As long as it will not prejudice the rights of the accused
 Substitution of information
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o As long as double jeopardy does not set in
 Can some accused be excluded in information?
o Yes, anytime before plea, upon motion to court with notice to
offended and with leave of court
o Same with downgrading nature of offense
 Court can order an amendment instead of motion to quash
Remedies in case of judgment by default
o Motion for new trial
o Appeal
o NOT motion for reconsideration
o Petition for certiorari
 In order of default
o ‘as in default’
 Scenario in rule 18 (when party fails to appear in pre-trial or no pre-trial brief)
 Saguid v CA: You can file MR on ground of FAME but no longer need to show a
good defense (There is already an answer)
 Environmental cases
 If plaintiff absent
o Trial may be rescheduled
 If defendant is absent
o Plaintiff allowed to present ex parte
o Order of general default
 In cadastral cases
Rule 9 section 1
o Motherhood provision
o All objections should be raised in answer or motion to dismiss, otherwise waived
 Except
 Lack of J of subject
 Litis pendentia
 Res judicata
 Prescribed
Annulment of Judgment
o Res judicata does not apply in petition for annulment of judgment
o 2 grounds only
 Extrinsic fraud
 4 years after discovery
 Lack of j
 Anytime before laches
o Apply to a higher level court, not a co-equal court
 MTC: to RTC
 RTC: to CA
 What about CA? can you file that in SC? No.
o Annulment of judgment in crim cases? No.
Is 3rd parti complaint prohibited in intra corp dispute?
o No. Not prohibited in intra corp dispute.
Bill of particulars
o One in civ (rule 12), another in crim (rule 116 sec 9)
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In both civ and crim, identify defencts and info desired
Civ: before answer. Crim – before plea
Consequence of not filing an answer (for civ and crim)
 Case can be dismissed (failure to follow court order)
 Allegations can be stricken off
o Answer within period to file responsive pleading (No case less than 5)
o Bill of particulars in intra corp cases?
 No
Counting of days
o Act the caused interruption is not included in counting of period
Pleadings
o Do not use rules on pleadings for summons
o Priority is personal service
o Proof or service by registered mail
 Affidavit of person mailing
 Registered receipt
 Registry return card
o Proof of filing
 Appears in records of the case
 Stamped acknowledged pleading
 Signed and dated by clerk of court
o Personal service in rule 13
 Personally handing it to counsel or party
 Leaving a copy to a person of suitable age in residence, or person in charge in
office
o Substituted service in rule 13
 There was failure to serve to other party
 File in court
Lis pendens
o Atantic erectors v herbal cove
 If case is primarily sum of money, cannot apply for annotation of lis pendens
 However, you can apply for provrem of attachment
o Power to cancel a lis pendens is with Trial court, not supreme court
 Grounds
 Case of only for purposes of molesting
 Annotation does not protect the part of the right
o You do not apply lis pendens by motion
 You apply with a written memorandum
 Supported by original complaint
 Does does not go into or affect merits of the case
o When les pendens applies?
 Partition
 Removal of cloud
 Quiet title
 Recovery of title or possession
 Any other action that affects title, use, or occupation of land or building
o Lis pendens Does not apply:
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 Prelim attachment
 Probate of will
 Levies on execution
 Proceeding for admin of estate of deceased person
 Only object of action is for recovery of money
o Tells public that property si subject of pending litigation
 “pending litigation” = judicial proceeding
 Action in LRA is not pending litigation
Summons
o Service
 Priority is personal service
 By handing a copy to defendant wherever he may be in the Philippines.
 If despite of REPEATED efforts to serve it (impossibility of service), substituted
service
 Jurisprudence
 7 days is reasonable time
 For sheriff, 30 days
 Repeated efforts= at least 3 times in 2 different days
 Suitable person
 At least 18 yr ols
 Must be a relation
 Must have discernment
 Competent person in charge
 One managing office or business (president or management)
 Must be one who understand the obligation of defendant in
proceedings
o Forfeiture proceedings
 Action In rem
 So there can be service of summons by publication
o Service to a foreign juridical entity thru:
 Personally service to DFA
 Publication to place where defendant resides with reg mailed to last known
address
 Facsimile and other modes of electronic service
o Rule 14 sec 16 temporarily absent
 Same manner as section 15
 Personally
 Publication and reg mail to last known address
 Other means determined by court
 Jurisprudence: you can do it by substituted service. Even if person is temporarily
absent.
o Extraterirtorial serv
 Personal status of plaintiff
 Property of non resident
Motions (3-10)
o Serve a copy at least 3 days before hearing day
 Motion day is Friday 2pm
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Motion should be set for hearing no later than 10 days from filing.
Omnibus motion
 Must raise all grounds available at time of filing otherwise waived.
Motion to dismiss
o Motion to dismiss, filed by defendant, in period before filing answer
o Not mandatory.
o In fact, there is a preliminary hearing on affirmative defenses. (on grounds that can be
raised normally in motion to dismiss)
 Court can dismiss the case after these
o Denial of motion to dismiss is an interlocutory order
o Backtrack: Voluntary appearance
 Filing a Motion to dismiss which includes lack of J over person (even among
others), is not tantamount to voluntary appearance.
o Is a grant a bar to refilling of case?
 General rule: No
 Except,
o res judicata
o prescript
o extinguished
o unenforceable under statute of frauds
 “Pleadign states no cause of action” = party is not real party in interest
Dismissal by plaintiff rue 17
o Before answer, a matter of right. (by notice)
 Without prejudice.
 But if dismissed on second time, barred
 Counter claim?
 Wala pang counter claim
o After answer
 Left to sound discretion of court
 What about counter claim? Dismissed?
 No.
 Read the provision
Intervention
o Can be filed at any time before rendition of judgment of trial court
 Exception: is party intervening is an indispensble party
Pre-trial
o Appearance of party is required
 Unless excused and representative authorized by power of attorney
o Failure to sumbit pretrial brief is equivalent to non appearance
o Mandatory
o If plaintiff does not move to set case, court sets motion
Subpoena
o Cannot be issued if there is no pending case
o If there is notice to take deposition, asubpoena can naturally issue
Deposition
o Deposition taken in another proceeding, can be presented?
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Trial
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Yes for as long as there is an opportunity to cross examine. And any of the
grounds for use for deposition is present
Before answer, Motion
After answer, notice
Deposition is not substitute for actual testimony if witness is available
Can non resident foreign corp testify thru deposition? (San luis v roxas)
 Yes. It is akin to more than 100 km ground
Can rule 23 apply to crim apply to crim cases? (manguera v risos)
 No. Deposition in crim cases, rule 119 sec 12, 13 and 15 applies
 Deposition in crim: AKA conditional examination of witnesses for
prosecution/accused
 For prosecution
o Must only be before the court where action is pending
 Defense
o Before any judge
o Before notary public
o Before any person authorized to administer oath as agrees upon
by parties.
Letters rogatory
 Issued by one judicial authority to another
 Uses procedure of the authority to whom letters are issued
Commission
 Person appointed by the court to administer deposition
 Uses rules of oppointing authority
Request for admission
 Failure to respond, equivalent to implied admission
Court can render judgment without trial
 Sec 6
Duty of judge is to receive evidence
 Can be delegated to cler of court
 In default cases
 Eex pate proceedings
 When arties stipulate
Order
 Take note of this. Always asked
Consolidation
 There are two or more cases already pending involvine common facts and law
 (vs joinder, in joinder, no pending case yet)
 If forum shopping, not no consolidation. Dismissal
Commissioners
 Rule 32 is the general provision on commissioners
 Expropriation and partition also have commissioners
 A commissioner can reolve admissibility of evidence
 Can also issue subpoena ad testificandum
 Not a judge.
 Duty is purely recommendatory
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Jugde may accept, reject or modify etc
Demurrer
o In civil cases, there is no requirement of leave of court
 After plaintiff has presented evidence
 In crim, at any time after prosecution rests
 Granted, remedy of plaintiff is appeal
 Denial, continue with case
 No appeal unless Grave abuse of discretion
 If demurrer is granted, and next level court reverses, defendant cannot present
evidence anymore.
o Crim
 Amounts to an acquittal
 Demurrer, speedy trial, double jeopardy will attach. Exception to the dismissal
on motion of defendant rule
 If denied, can you file a petition for certiorari on appeal? Not until after
termination of main case rule 119 sec 23
 Leave of court
 No need. BUT if you do not have leave of court, you cannot present
evidence if it is denied. Court can already render judgment. So you are
adviced to seek leave of court first. (Note that you can file for demurrer
without leave. Just with dire consequences.)
Judgment
o Is a judgment of trial court in ordinary procedure immediately executory? Generally no.
o Immediately executory:
 Injunction
 Receivership
 Support
 Envi cases
 MTC judgment in small claims
o How can you stay execution:
 Notice of appeal wthin period
 File fees within period
 Supersedeas bond
 Pay, on a monthly basis, rent on use of property
o MTC judgment in small claims
o Decisions of NLRC, final and executory
 Cannot be appealed to CA. File a 65
o Separate judgment v several j
 Separate judgment – claims
 Several judgment – parties
Special provision of non juridical entity under rule 36
o Known under common name. (the toro boys provision)
Service to juridical entities
o The list in the rules is exclusive
Back to judgment
o Members of a non-juridical entities
 To the individual members
o
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Motion for reconsideration
 If you file within period but not follow the 3 day rule (before hearing) or not
follow the 10 day schedule rule
 Pro forma MR. Not valid. Decision final
 Period for MR cannot be extended
 If MR or Motion for NT is denied
 Neypes ruling. Fresh period of 15 days
 There can be a partial motion for reconsideration
 There can be no 2nd motion for recon
 Except when you have leave of court
o Based on good grounds
o New trial
 Newly discovered evidence
 FAME
 2nd motion for nt? Yes. If there are new grounds
o Relief from denial of appeal
 Did not file for appeal because prevented by extrinsic fraud
 Cannot be availed of if you appealed. Your remedy is MR
Execution
o There can be no execution unless there is final judgment
 Exception:
 Indigent later found out that is not an indigent, court orders execution
to pay fees
 Support
o Failure to pay, court issues execution.
o As a matter of right
 Judgment is already final and executory. When period has expired and no
appeal.
o Discretionary execution
 General rule, file with court that rendered judgment
 Can file with appellate court on good reason
 The CA cannot execute pending appeal on original cases filed before it while
being reviewed by SC
o Writ of execution always issued by court of origin
 Except original action filed with CA or SC
o Discretionary execution
 Do you need a bond? No
 Do you need good reason? Yes
 Old age alone is not a good reason if not coupled with other
circumstances
 Can you stop execution pending appeal? Yes. Upon posting of a supersedeas
bond
o Money judgment
 Sheriff cannot levy on real or personal property unless there is first a demand to
pay.
 Personal property first, than real property.
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o
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Money should be delivered to judgment obligee, or representative, or clerk of
court.
 If obligor refuses to pay money, contempt is not remedy, there is still levy and
garnishment
 Exempt from execution
 Can juridical persons avail of this?
o Case: No. This provision is for the working man. #occupy
 Oppose the motion for execution, and state reasons for exemption. You
must convince the court.
o If despite your objection, court does not make other party
prove that property is not exempt, proceedings are void.
Third party claim
 Section 16 of R 39
 (also found in replevin and attachment)
 Only stops execution as to the specific property objected to.
 Third party claimant can only vindicate his right in a separate action
 But in replevin and attachment, can be in the same action.
Certificate of sale
 Issued to buyers for every type of property EXCEPT if property is capably of
manual delivery (but you can request, its just not given automatically)
Redemption
 The very moment the judgment obligor redeems, no further redemption
 The 1 year period cannot be extended
 Judgment obligor entitled to possession, fruits during the redemption period
Revival of judgment in section 33( or 34?)
 When buyer of auction sale could not get possession
 Recover amount in the same action
 Recover amount in diff action
 Revive judgment in your own name
Satisfaction of judgment
 With consent of judgment obligee
 There must be a written acknowldgement of judgment oblige
 Or endorsement on the face of the records of the case
 The writ of execution is returned to the court
 Without consent?
 If court is convinced that it is fully satisfied, issues an order that it is
satisfied.
Effect of judgement
 Conclusive as to ownership of specific thing, [missed]
 Presumptive
 Death of party
 [missed] (sorry. It’s in codal)
 Bar of relitigation of same cause of action
Effect of foreign judgment
 Can be impugned
 Mistake of fact
 Mistake of law
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 Collusion or fraud
 Lack of notice
 Lack of jurisdiction
 Petition for enforcement of foreign judgment.
 Foreign arbitral award, do you need petition? No. you only need a recognition
Rules for Appeals
o Ordinary appeals
 Appeal to a next level court (MTC to RTC. RTC (orig) to CA)
 Record on appeal
 Only in cases involving multiple appeals and special proceedings
 30 days. Cannot be extended
 Notice of appeal
 15 days. Cannot be extended (Neypes ruling is not an ‘extension.’ It is a
fresh period by reason of the denial of MR)
 RTC in ordinary appeals
 Filing of memoranda
 CA in ordinary appeals
 Procedure in rule 44
 Appellants/appellees brief
 Rule 50
o Dismissed if:
 No brief
 No fees
 [missed]
 Non compliance with orders
 Failure to make reference to files in cases
o Petitions for review
 42
 Only if RTC issued decision in appellate jurisdiction,
 File within period and pay docket fees
 Extension? Yes
 2nd extension? No. Except for most compelling reason.
 43 (Quasi judicial)
 All attachments to the petition must be duly certified.
 15 days
 Extension? Yes
 2nd extension? No. ecept compelling reason
 RTC on corp rehab (go to CA on pettion for review. 2005 SC circular)
 HLURB arbiter – go to the commission, then go to office of prez. (you
don’t go to CA)
 DARAB and civil aeronautics board – go to CA
o
o Petitions for review on certiorari
 The only way to go up to SC is on etition for review on certiorari
 Except in crim cases with death/life/rp
 Tax cases:
 If decided by division, go to CTA en banc
o
o
o
o
o
 If en banc, go to SC
 Sandigabayan
 Go to CA, except if death life RP
 15 days.
o Can be extended for 30 days
 One time extension only. (if you ask for 15 days
extension, you cannot ask for another 15 days) Ask for
30 days.
Can you file an original action in CA? Yes
 Certiorari
 Prohibition
 Mandamus
 Quo warranto
 Habeas corpus
 Amparo
 Data
 [not sure if complete]
The CA can conduct hearings
 The justice, the division, or delegated to lower court judge.
 To acquire J over
 Receipt of resolution showing initial action of the court
Oral arguments are not required in appeals before CA and SC. Only in original cases is it
mandatory
Motion for new trial in court of appeals
 From the time appeal is perfected as long as CA has jurisdiction
 There is no provision that allows you to file motion for new trial in SC. (but the
SC makes the rules. For equity, they can honor)
To render decision, CA sits in divisions. En banc only for admin
[Jump to] provisional remedies
 Attachment
o Can be granted in favor of applicant if defendant does not reside in phils
o Fraud in contracting or performance of obligation
o When does court acquire J?
 On ex-parte, at the time of enforcement. (can be before, but this defeats the
purpose of ex parte). Remember, summons served prior to or contemporaneous
with. (Also applies to injunction on ex parte TROs)
 Exceptions:
o Personal service or subs cannot be effected
o Defendant does not reside or cannot be found in phils and
action is in rem or quasi in rem
o Can you apply for damages? Yes. For as long as the action is pending (trial in orig cases,
to appellate court on appeal).
 Improper or irregular issuance of attachment. Or excessive.
 Actual damages
 Prove loss or injury suffered
o Discharge/dissolve attachment
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When ground for attachment is ALSO the cause of action, you can only file a
counter bond. Cannot be dissolved on other grounds.
You can only post a counter bond when the attachment has already been
enforced.
Irregular
 No bond. Did not follow procedure
Improper
 No ground
There must be a hearing before the discharge of attachment. Mere posting
counter bond does not automatically dissolve.
Injunction
o Ex parte tros
 72 hours TRO, issued by executive judge in a multiple sala court
 Or regular judge in single sala court. (single judge in a particular station.
Makati is a station. Some provinces have only one judge per station)
 20 day tro, can be issued by a regular court judge.
 If grave and irreparable injury
 Automatically vacated after period

o Preliminary injunction
 Cannot be issued ex parte.
 TEPO (temporary envi protection order)
o Same grounds as 72 hours. Except that the hearing (usually to
determine extension to 20 days in reg tro) is to determine if it
will be extended for the rest of the action.
 Cannot be issued without notice and hearing.
 Prior and contemporaneous rule (same as attachment, but drop in rem and
quasi in rem)
 If judge issues an injunction, must resolve main case within 6 months
o Do you need a bond for TRO? Yes. (new rule)
o CA-60 days
o SC- until otherwise revoked.
o Dissolve
 Submit affidavits, showing there is no ground
 CANNOT dissolve on ground of deficiency. It is a ground for denial.
 Counter bond PLUS show that the damage you will suffer is far greater than
damage to applicant.
Replevin
o Memorize content of affidavit
 Can be owner or lawful possessor
 Unlawful deprivation
 You were not deprived by reason of attachment, levy, assessment.
 Fair market value of property
 Basis of bond. Double this value.
o If you question sufficiency, cannot cause immediate return.
o If you file counter bond, you can cause immediate return. No ifs or buts. Automatic
o Forrest products detained by bureau, not subject of replevin
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Receivership
o There are two bonds here. Bond of receiver, and bond of applicant
o Receiver should be placed under oath.
o Receiver cannot sell without authority from court. Power is only to administer and for
preservation of protperty
o Grounds
 From wasted or dissipated
 Mortgage, and there is reduction of value
 [codal]
o This is the only provisional remedy where you can apply for it after judgment.
Support pendente lite [omitted from syllabus. Although not expressly excluded]
o Reimbursement can be obtained from person who should be giving support
o Express provision for crim cases. Offspring in rape cases
Special Civil Actions


Certiorari
o Petition for certiotari can also refer to rule 64.
 30 days. This is the only rule where MR
 This is the only petition where both petition and comment and all attachment
should be certified true copies
o 65
 60 day period, can no longer be extended as of 2007
 Grounds, GADLEJ + there is no speedy remedy
o Difference between 65 and 45
 Always asked in the bar.
o Continuing mandamus
 Same as mandamus but continues after judgment until it is fully satisfied.
 Found in rules of environmental procedure
o Regular mandamus
 Enjoins and requires you to perform.
 There should be a law that requires you to perform
 A contractual obligation cannot be subject of mandamus.
 Ministerial act
 In discretionary actions, court can be subject of mandamus to compel to
act, but cannot exercise discretion for the officer.
o Prohibition
 Ministerial or discretionary
 Cannot stand when act has already be performed.
Quo warranto
o How
 Solgen as ordered
 Official complaint filed by Solgen
 Upon complaint in relation to another person
 [All these 3, it is the instrumentality of the govt that files]
 In section 5, the indiv by himself files. But he must have a right to office
o 1 year from discovery of usurpation or cause
o Can recover damaged within 1 year of entry of quo warranto judgment
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Expropriation
o Cannot be subject of execution pending appeal
o RTC has orig jurisdiction regardless of value of property.
o Can be real or personal property
o defendant can be owner or lawful occupant
o Can be withdrawn when there is no longer a public purpose for as long as there is no
order for expropriation yet
o If government changes its mind after destruction of property or improvement, must pay
damages.
o 2 parts
 Determination of expropriation
 Determination of just compensation
 Just compensation: value plus Consequential damages less
consequential benefits. In no way benefits exceed damages.
 Possession pending proceedings
 Section 2: Deposit based on assessed value
 If it is a government infrastructure project.
o If govt wants to take possession, it is based on FMV based on
tax declaration, or zonal value (Proferred value) (Guingona case)
 If local govt unit. Deposit is 15%. Based on local government code.
 At the end of the case, pay the difference between the deposit and the actual
determined value of just compensation.
o Multiple appeal proceedings
 Record of appeals
Forclosure 68
o Do not confuse ra3135 with rule 68
o Rule 68 has equity of redemption
o No legal redemption under 68 unless the mortgagee is a banking institution, then there
is a period of 1 year
o In extrajudicial forclosure, if mortgagee is bank and borrower is juridical entity,
redemption is 90 days or registration of certificate of sale, whichever comes first.
Partition
o Other rule where there are commissioners
 But only appointed when parties do not agree on partition
 If parties agree, their agreement is approved by court
o Court must determine first if co-ownership exists
o Compared with extrajudicial partition,
 No will, no debts, heirs are all of age or properly represented
 Bond to cover personal properties
 If heir is excluded, not affected. 2 years to contest
o Paramount rights not affected
Ejectment
o Determination of ownership, provisional. Does not bar a further action for
determination of ownership
o In unlawful detainer, prior demand is required. It is jurisdictional
 Demand is to pay AND VACATE
 Or comply AND VACATE. (there must be a demand to vacate)
o



1 year period is a prescriptive period for filing. Beyond that you can still recover
possession (publicianna)
o Forcible entry
 Force, intimidation, strat, threats, stealth
o Remember prohibited pleadings
o Jurisdiction is always with MTC, regardless of amount
Contempt
o Direct
 You do not file anything. Mere act will initiate it
 No appeal
 Fine not more thatn 2K imprisonment 10 days for superior court
 1 day imprisonment and __ fine for inferior court
o Indirect
 Initiate upon formal charge or motu propio
 Or Verified complaint
 You can consolidate with main case
 You can file a motion for indirect contempt with same court
 Remedy is appeal
 6 months imprisonment and fine of 30K for superior court
 1 month and 5K for inferior court
Interpleader
o Applicant has No interest in case or not in conflict with interests if others.
o Filing fee lien on judgment
Declaratory relief
o No britch
o Once there is a britch, converts into ordinary action
o RTC had jurisdiction
o Removal of cloud, quiet title
Day 2
Crim pro
 Jurisdiction in crim. RA 7691
o Exceeding 6 years = RTC/ Not = MTC [Regardless of fine or any accessory penalty]
 No need to distinguish whether crime was committed outside or within MM
o Circular 0-94
 If penalty is purely a fine, J is determined by amount. Exceed 4K = RTC / Not =
MTC
o Sandiganbayan
 Offender is at least SG 27
 If below, regular courts
 As long as one offender is SG27, J is with SB. Non public officers and
those below SG 27 are included in SB
 Act committed in relation to the office
 The office is a constituted element of the offense. Without office, the
crime would not have been committed

o
OMB
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Presidents, GM, trustees and directors of GOCC and state universities, SG27
doesn’t matter. As long as you are one o these, regardless of your salary, you
fall within J of SB
Not a court, but it has Jurisdiction over misfeasance and malfeasance of public
officer.
 But can conduct preliminary investigation
 Office of special prosecutor cannot file information without authority of
OMB
Need not be in relation to the office. As long as public officer
OMB can dismiss a case outright
OMB can accept informal complaints. Even anonymous complaints
Final and unappealble in:
 Resp is absolved or acquitted
 Penalty of public censure, reprimand or suspension of not exceed 1
month or fine not exceeding 1 month salary
Crim pro
o Distinguish between crime committed in charterd city or not
 Charterd = Filed with office of the prosecutor
 Outside the chartered city:
 If offense requires PI = only with prosecutor
o 4 years, 2 mo, 1 day
 If not = either in MTC or prosecutor
o Prosecutor will not conduct PI
Preliminary inv
o Rule 110 sec 1 in relation to R 112 sec 3
o PI, entire section 3 of 112
 Prosecutor issues subpoena + counter affidavit of defendant. [That’s PI]
o When not required, Rule 112 sec 3a only
 Affidavit complaint which is duly sworn to public prosecutor or officer
authorized to administer oath, or in absence, notary public
Prescription
o Interrupted upon filing of case with prosecutor
 Bp 22
 Intellectual property code
 Securities law violation
 Mere filing for purpose of investigation with Sex Ex comm. Is equal to
filing with prosecutor for PI
Sec 5 rule 110
o Control of public prosecutor
o Crim prosecution may not proceed in absence of public prosecutor. (under his control
 Exception: Written authorization form chief state prosecutor in absence of
public prosecutor
o Power of public prosecutor is not absolute
 Subject to appeal to DOJ and CA may review DOJ under 65
 From prosecutor, Go to DOJ on a petition for review within 15 days
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You can only elevate to DOJ those cases that went through PI or reinvestigation
 Inquest proceeding, not being PI, cannot be immediately reviewed by
DOJ
Sufficiency of information
o Memorize section 6 rule 110 (you know sec 6, then you know the rest)
o Qualifying circumstances and generic aggravating should be alleged otherwise cannot
be taken against accused
o Offense shall be designated by statute (ex: Homicide, Estafa etc.)
 If no designation, use the specific section of the law
o Name is not required to be in information
 In crimes against property, describe the property to be able to lead to the
offender
o Date, need not be exact (On or about… ok)
 Unless date is material element of offense (infanticide, election offense)
o Place, not exact
 Unless material element of the offense
Substitution of information
o Saludaga v SB
 Whether there were two offenses, or whether there were just two modes
 SC: different Modes of commission are not different offenses. If you change a
mode, there is no substitution.
 If there is substitution, there is a need for new PI
 If there is a substantial amendment, there is also a need for new PI
Provisional dismissal rule 117
o Do you need a new PI in cases of revival? No. This is the general rule
 Exception: When original witnesses cannot be fouind or died or retracted
testimony, new PI is required
o This is dismissal with consent or with knowledge of accused.
 Can be revived unless it has become permantnt
 Lapse of 2 years if penalty exceed 6 years
 If does not exceed 6 years penalty, lapse of 1 year
 When does this period start to run? Lacson case: upon receipt of the public
prosecutor of the order of provisional dismissal. Because only public prosecutor
can revive the case
Cause of accusation Rule 110 sec 9
o Equivalent of cause of action in civ
o Acts and omission of the victim should be in the language known to the accused
Venue
o Venue is jurisdictional in crim cases
o You can only institute action in place were crime was committed.
 Not subject to waiver. It is jurisdictional
o But remember, venue of trial can be transferred. Venue in crim is jurisdictional only for
filing. SC can move venue of trial in special cases.
o Human security act as exception to requirement that venue is jurisdictional
 Even if crime committed outside phils, if directed towards specific ethnic Filipino
group, or govt, or fil embassy, you can prosecute in Phil. Must be acts of
terrorism
o
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Bonifacio v RTC of Makati (2010) (Libel cases)
 Owners of Pre need company sued claimants for libel for statements online
 Info: “Statements published and accessible in Makati”
 SC: It was not properly instituted in Makati. Venue cannot be Makati. This
defeats the purpose of limiting venue for libel.
Information
o One information, one offense
 Exception: if not objected to by accused and are established and proven
o Same with search warrant. One warrant for every law violated (cannot have warrant for
dangerous drugs law AND illegal possession of firearms)
Venue for application of search warrant (rule 126)
o In the place where the crime was committed.
 Except for compelling reasons, you can apply with any court in the place where
it is to be enforced
o A search warrant application is not an institution of a criminal case.
o Sec 2 rule 126 amended in 2009
 Executive judge in RTC manila and QC involving:
 Illegal gamnling
 Heinous crime
 Firearms
 Dangerous act
 Intellectual property code
 Anti money laundering
 Tariff and customs violation
 Any warrant issued by QC and Manila RTC (regarding these offenses) can be
enforced in ENTIRE phils.
o Continuing or transitory offenses
 Can apply in places where the crimes occurred
Civil action
o Once crim is instituted, civ instituted
 Waive
 Reserve
 Anytime before prosecution commences presenting evidence,
considering circumstances of the case.
 Filed ahead
 Civ case will be suspended until crim case is finished
 Civ and crim case be consolidated
o Cannot consolidate amparo with civ
o Cannot amparo with admin
o Can consolidate amparo with crim case in relation to amparo
Filing fees
o No filing fees for actual damages
 Except bp 22, value of the check is actual damages and you pay fees for that
o You pay fees for:
 Moral
 Nominal
 Exemplary
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 Temperate
o Bp22 cases fall in summary procedure, regardless of amount of the check.
Independent civil action
o Examples:
 32 = violation of rights and liberties
 33 defamation fraud physical injuries
 Quasi delicts
 Failure of public officer to render aid
o No need to reserve these. Can proceed side by side with crim case.
Death of accused
o If after arraignment: both civil and criminal liabilities arising from delict are extinguished
o Before arraignment: can be prosecuted against his estate
o There will be substitution of the deceased party in independent civil actions and those
arising from other sources of obligation
Prejudicial question
o There is a pending civil case instituted ahead of criminal
o Issues in civil case will determine guilt or innocence of accused in crim case
o When can you file to suspend on this ground?
 Before office of prosecutor conducting PI
 Also in court once information is filed, at any time before prosecution rests its
case
DOJ v liwag
o DOJ has general jurisdiction to conduct PI under RPC
o OMB has primary and plenary power over cases and power to investigate public officers
De Chavez v OMB
o Technical rules of evidence is not applied in PI before Prosecutor and OMB
Adaza v abalos
o Waiver of PI, when accused pleads, he waives right to question PI, or manner or
illegality of arrest
PI
o Will record of PI or public prosecutor become part of records of the case? No. But judge
can order them to be elevated to the court.
Inquest
Issuance of a warrant of arrest
o 1) Once an info is filed and court finds probable cause, court issues warrant
 No need for hearing here.
o 2) Before issuance of warrant of arrest, Court can dismiss the case for absence of
probable cause.
o Court can also require presentation of additional evidence before he decides
o Is this same with MTC?
 Yes, if it went through PI.
 If there is no PI required, and not falling under summary procedure, then court
issues warrant of arrest or court can issue summons
 This is the singular instance where court can issue summons in lieu or
warrant of arrest. (rule 112 section 8)
 Will the court issue a warrant once an info is filed in a crim case falling under
summary procedure? No.
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In summary procedure, a warrant of arrest will only be issued after
repeated absences of the accused.
Inquest
o You cannot file MR of inquest resolution
o Cannot immediately elevate to DOJ
o Your remedy is to ask for preliminary investigation
o If a person is arrested without a warrant, he can ask for PI, but you waive art 125 of RPC.
o Can you apply for bail? Yes. There is deprivation of liberty
o An inquest is not a PI. It is a determination of inquest prosecutor of whether or not
arrested person can be released for further PI, OR detained, if the evidence against him
is strong.
Arrest
o In warrantless arrest, there is yet no pending case. (Sec 5 rule 113)
 Sec 5 a = “in his presence”
 B = crime has just been committed (about to commit and committing not
included here) and there is reasonable ground to believe, based on personal
knowledge of officer, that a crime has been committed.
o Rule 114 sec 23, a person (accused?) who attempts to leave the country without leave
of court may be arrested without a warrant
Bail
o Bail a matter of right
 In MTC, before or after conviction as long as not yet final
 In RTC, before conviction where penalty is not D/L/RP
o A matter of discretion
 After conviction in RTC and penalty is not D/L/RP
 You can apply, but a matter of discretionary
 Leviste case (2010):
 If convicted, but none of the grounds in sec 5 are present, should bail be
automatically granted? No. It is still left to discretion of court.
o It is not abuse of discretion when court denies even if no
grounds are presen
 If one or a number of grounds are present, should bail be granted? No.
This is strict. When even one ground is present, court does not even
exercise discretion. DENY!!!!!!
o Non bailable offenses
 Penalty is D/L/RP
 Must file a petition for bail. There will be a summary hearing
 If multiple accused and all apply for bail, there can be a joint hearing
 Except serapio case: If a former president applies for bail for plunder,
there should be a full blown trial
 Also on serapio case: Arraignment is not necessary for court to accept
your petition for bail
 Apply for bail in appellate court when charge is originally non bailable, and
convicted with bailable.
 Where to apply fr bail
 A bail hearing is mandatory for non bailable offenses
 Kinds:
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o
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Corp surety
Property bond
o Owner of property must be a resident of phils
Cash bond
o Exact amount as recommended by prosecutor
Recognisance
o Upon own recognizance, or a responsible member of
community
Rule 116 sec
 If accused served max penalty for offense, court should release accused w/o
prejudice to continuatuion of case
 If served minimum, (without considering ISL), can be granted reduced bail or
recognizance
o If accused is arrested in province/city/muni where action is pending, bail should be
applied before court where action is pending or in absence, before any RTC or MTC
judge of the prov/c/m
o If arrested in a place other than where action is pending, can pply in court where axn
pending or before any RTC of p/c/m where he is detained or in absence, any RTC
 If accused is applying for recognizance or non bailable, must always be in court
where action is pending
o Forfeiture vs cancellation
 If accused fails to appear after notice, bondsman must explain. Failuere to
explain, bond is forveited in vafor of court
 Bail is cancelled automatically if accused is acquitted, convicted or case is
dismissed
 File if voluntary surrender or death of accused
o If accused already convicted and about to serve sentence? Can you apply for bail?
General rule, No
 Except: when entitled to probation. Can continue on orig bail or recognizance
o Can court refuse to grant bail if it feels accused is flight risk? No. But court has option to
increase bail
Rights of accused
o Right to be exempt to be compelled to be a witness against himself
 Limited to testimonial or communicative evidence
o Is cross exam waivable?
 Yes. As long as there was opportunity to cross
o reDirect exam waivable? Yes as long as there is opportunity
o Compulsory process
 Subpoena
 Contempt
 R 71
o 2 kinds of speedy trial
 Speedy trial under criminal procedure
 Must invoke at any time before trial
o Remedy is certiorari and prohibition
 Speedy disposition of cases under consti
 Can be invoked at any time as long as action is pending
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o
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Remedy is petition for habeas corpus if this right is violated
Public trial
 Ampatuan cases: Before, court did not allow simultaneous viewing of cases.
 But SC allowed as it takes plae subject to:
o Should be approved by judge
 Manner of its taking
 Who takes
o Must follow SC circular
Post conviction DNA examination
o If as result of post conviction DNA, convict is innocent, you can file habeas corpus in
court that rendered orig judgment.
Arraignment
o Who should be present? GR: accused and his counsel
 Must within 30 days from time court acquires J over person of accused.
 Pre-trial should take place within same period, and after arraignment
 If detained, 10 days
o Should offended party be present? Yes, for purposes of plea bargaining, and
determination of civil liability.
 Outside this, no need for offended party
 If offended party is absent during arraignment, case will not be dismissed.
o Improvident plea
 Plea wherein accused doesn’t know consequences of his confession (plea?)
 If sole basis of coniction is improvident plea, (no other evidence), SC will remand
the case t rial court.
 If there are other evidence, SC will not remand the case. SC will render
judgment
o Can arraignment be suspended?
 Daway case: Suspended for more than 60 days
 Yes, on petition for review
 Unsound mind
 Prejudicial question
o Plea of guilt
 To lesser offense:
 During arraignment
 After arraignment but before trial
 [damnit meinhart, your fault :D]
 Capital offense
 [damnit meinhart, your fault :D]
Rule 117 motion to quash
o In a motion to quash, result of the grant is dismissal of the case
 Unless, info is defective. Court will order an amendment
o Can case be refiled, yes
 Except if prescription, previously tried.
o Can it be orally made? No. Should be in writing. Must include all grounds except lack of
jurisdiction
o No jurisdiction over person
 There was no voluntary surrender or valid arrest
o
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No J over offense
 RA 7691
o More than one offense
 Except when there is single punishment for various offenses. (complex crime)
Double jeopardy
o Req
 Valid complaint
 Court Competent juris
 Valid arraignment
 Dismissed without express consent, acquitted, convicted.
 Or with consent if speedy trial and demurrer to evidence
Pre trial
o Rule 18 will not apply (absence of parties in civ cases)
 Offended party absent – case will continue
 Accused – no ex parte presentation
 Court will issue warrant for arrest and order forfeiture of bail.
o All agreements entered into in pre trial must be reduced into writing and signed by
accused and counsel.
o Preliminary conferences before the clerk of court in crim cases (at least 3 days before
pre trial.)
 To explore possibility of compromise of civil liability (rule 130 sec 26 or 27)
 Estafa, bp 22, libel, defamation
 Or offended party may execute an affidavit of desistance
o SC: This is usually obtained with force. Must establish first that
it was voluntary and without force.
Rule 119
o Trial commence within 30 days from receipt of pre trial order
o From arraignment to trial, must be a period of 80 days
o Period of trial must be 180 days
 Arraignment + trial is less than a year
o Exclusions (section 3):
 Extraordinary remedies
 Delays by reason of pre trial
 Accused of unsound mind
 Absence of witnesses
 Continuances allowed by court
 In crim cases if case is novel and compex and parties need more time to
study case
 To deny miscarriage of justice
 No continuance in:
o Lead to Congestion of court dockets
o Lack of time to prepare
o Failure to obtain witnesses for prosecution
o Speedy trial mutually exclusive? No.
o Depositions rule 119 sec 12, 13, and 15
o Discharge of accused as state witness
 Before prosecution rests
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Applicant must submit affidavit
Who?
 Two or more, but not all.
 Not the most guilty
 Hearing specifically for this
 Amounts to acquittal if granted
 Affidavit and sworn statements inadmissible if denied.
 Grounds under rules of court: (yu v RTC tagaytay)
 Absolute necessity of testimony
 No direct evidence
 Can be corroborated in material points
 Accuses not convicted of crime involving MT
 Not most guilty
 [same as grounds in under witness protection ]
 Witness protection
 Filed with DOJ, and accused is excluded from information. First jeopardy
does not attach in this case
o Demurrer to evidence in crim case should be in writing.
o Additional reception of evidence is not equivalent to reopening of the case
Judgment
o Accused must be present in promulgation
 Can still proceed if absent, as long as notice was given to accused, bondsman
and last known address
 Accused forfeits all his remedies under law. No appeal.
 He must appear and explain the reason for his absence.
 If light offenses, no need to be present
o MR does not suspend filing of info or issuance of warrant of arrest
Appeals
o Ordinary appeal Rule 122 sec 3, rel to sec 8 and 9
 From MTC, to RTC on notice of appeal in MTC. (no record on appeal in crim)
 From RTC (orig), (not d/L/RP) to CA on notice of appeal in RTC
o Petition for review
 From RTC (appellate), CA on a petition for review
 Here, From CA, go to SC on 45
o People v mateo rule 124 section 13
 RTC renders death, go to CA on automatic review
 If CA finds death is warranted, CA renders judgment but not enter.
 RTC renders life and RP, to CA on notice of appeal.
 CA review. CA can render and enter judgment.
o From here, go to SC on notice of appeal. Singular instance 124
sec 13
Searches and seizure
o Requirements
 Probable cause in connection with one specific offense
 To be determined personally by the judge
 Judge should personally examin witnesses
 Examination under oath of complainant and witnesses
 Describe place to be searched and things to be seized.
Can private offended party submit documents in application for warrant? Yes
People v laguio
 Search incident to lawful arrest
 Arrest must always precede search
 Or contemporaneous with arrest at least.
 If not, search illegal, evidence inadmissible
o Motion to suppress items seized thru warrant.
 Motion to quash if items have not been seized.
 Motion to suppress have already been seized. (and you don’t want court to
consider seized items)
 File with court that issued warrant, unless there is a pending case
already, then with that court
o Warrant presented to lawful occupant or his relative
 In absence, two witnesses of suitable age and discretion residing in community
 Issue receipts for items, left with occupant or the witnesses
 Officer makes an inventory and report to court. Failure to do so will result to
contempt.
o Dangerous drugs law and inventory (more strict)
 Take pictures.
 DOJ commissioner must be present
 Establish chain of custody
 However, if you still establish integrity of chain of custody, court can still
consider
Provrem in crim cases
o Most commons used is attachment. Similar to civ
o
o

Evidence Rule 128-133
 Evidence = means sanction by rules in judicial proceeding. Establish truth as to a matter of fact.
o All that you allege, you have to support with evidence.
 Admissibility
o Admissible if relevant, and not excluded (competent)
o Judicial notice
 There is no introduction of evidence in judicial notice. Even in judicial notice on
any matter
 Facts that have attained a certain level of notoriety
 Mandatory judicial notice
 No need for motion
 Discretionary judicial notice
 Of public knowledge, unquestionable demonstration, and what judge
ought to know by reason of judicial function
 Bear in mind that judges are not expected to know everything
 SC decisions, must know
 Co-equal court, no.
 Cases pending within his sala, no. unless parties agree
 Any matter


1st par – any matter as long as no judgment. (This is not evidence. You
only call courts attention to take notice)
 2nd par – after appeal. Court can allow if it is decisive of outcome of case
o Judicial admission
 Also does not involve presentation of evidence
 Answer, affidavit, deposition, examination of witness, memorandum. As long as
during proceedings. It is an in court admission
 Party can disown admission if made by palpable mistake. And no intention to
make admission.
 No need to present evidence
Documentary evidence
o Any form of writing or figure in any object is documentary evidence if the subject of
inquiry is the content thereof.
 Can be on a shirt, on a wall, even if a text communication (ephemeral evidence,
not intended to be stored).
o Best evidence rule
 Must present the original when subject of inquiry is content of document.
 If subject of inquiry is not content, no need for orig. Copy suffices.
 Originals
 When executed at or about the same time
 Entries at or near the time of the transaction
 Secondary evidence (when orig not available)
 When:
o Document lost
 Establish that lost without your fault and that previously
existed
o Custody of adverse party
 Prove custody of adverse party, previous existence, and
failure to produce after notice
o Voluminous, and need to establish general info
 Not copy, summary of facts enough
o In the custody of a public officer
 Present a certified true copy
o [no need to present orig]
 What?
o A copy
o Recital in some authentic document
o Testimony of witnesses
o [in that order]
o Parole evidence sec 9 rule 130
 When the document contains what the parties have agreed upon, you cannot
go outside the document. No introduction of extraneous evidence.
 Exceptions:
o [Before you raise exception, you must put this in issue in the
proceedings]
o Extrinsic ambiguity
o Mistake

 Should be mistake of fact.
 Should be mutual mistake of the parties.
o Imperfection
o Validity of agreement
o Agreements subsequent to execution
o When document does not reflect true intent of parties
 Wills included
o Authentication of documents Rule 133 sec 19-33 [documents]
 Documents must be authenticated
 Public documents
o Act of sovereign authority (whether domestic or foreign)
 Authenticate by certified true copy or official
publication
 If foreign country,
o Duly acknowledged by notary (jurat not suffice)
 Original notarized document itself
o Private doc recorded in public office (birth certificate)
 Certified true copies
 The rest are private documents
o Authenticate
 Establish genuineness of handwriting
 Person who has seen person write the document
 By person in charge of documents executed in the past
 By comparison by the court with an admitted authentic
document
 By comparison by ordinary witness (includes expert)
 Ancient document
o Been existence for more than 30 years and unblemished. And in
custody of person who should be in possession of the same
 Alterations in document
o Show that:
 Did not change tenor
 Consent of parties
 Can you impeach judicial record
o Fraud
o Collusion
o Lack of J
Testimonial evidence
o Qualification of witness
 Able to perceive, and make known his perception to another
 Make known perception at the time of presentation of witness in court
o Disqualifications
 Mental condition – incapable of making known perception to another
 Mental retardation? If slight, but still able to perceive and make known,
still qualified.
 Mental maturity – rule does not provide an age.
o Child witness examination rule: (applies to civ, crim, and admin)



o
o
Competency examination
 Court determines whether or not child is
competent to testify
Comfort objects and persons
 Child may testify together with a person or
object
You can ask leading questions to child but must inform
other parties
Leading questions
 Prelim matters
 On cross
 Child of tender years
 Feeble minded
 Adverse party witness
 This is the other party. (not the other party’s witness)
 Cannot call him to stand unless there is prior service of written
interrogatories
 Hostile witness
 This is the other party’s witness, or your own (if witness misled you to
call him to stand. Must ask court to declare him as hostile).
Back to disqualification
 Dead man’s statute
 Nature of action involves a claim against the estate
 You cannot testify as to statements by deceased made during his
lifetime
 Parties and assignors of parties are DQ
o Witnesses can testify. They are not parties nor assignors
 DQ by reason of marriage
 Covers any matter as long as marriage exists. DQ ends when marriage
ends
 Privileged communication
 Husband and wife
o Unlike marriage DQ, this extends even after termination of
marriage
o Limited to matters said in confidence
 Atty client
o Privilege will only stand if lawyer has relationship with client.
(includes in view to, not just in the course of)
o Only provision that covers agents (secretary, stenographer and
clerk. Waived with consent of both lawyer and client)
 Doc
o Doc of medicine
o Surgeon
o Obstetrician
o Exclusive list
o On info obtain for him to give medical advice or perform
practice
o
o
o
o Should be something that blackens reputation
o Only limited to civil cases. Does not extend to crim
 Priest
o Confession should be enjoined by rel institution to which priest
belongs
 Public
o Disclosure only if approved by court
o Neri: disclosure of state secrets,
 There must be a formal claim of privilege by the head of
dept
 Court then determines if circumstances are appropriate
for clam
o Executive privilege: Only invoked by prez and his exec secretary
 Presidential privilege can be pierced showin specific
need as provided by consi
 Filial privilege
o Ascendants and descendants testifying
Third party admission
 Cannot be taken against another.
 Exceptions:
 Joint interests (partnership, agency)
 Co debtors
 Co owners
 [codal]
 Co conspirator
o Admission allowed if made in court subject to cross
Similar acts as evidence
 [codal]
Hearsay
 General rule: personal knowledge except:
 Dying declaration
o If person is under consciousness of impending death
o Competent because of this.
o Witness who received the declaration must be competent
o If dying person survives, he can testify
 Can recipient testify here? Yes. But based on res gestae.
 Pedigree
o Witness need not be a relative of declarant. (distinguished with
family reputation as to pedigree. Here, the witness is a member
of the family)
o Declaration should be made prior to controversies
 Learned treatises
o Judicial notice
o Expert witness as to rep of the writer
 Opinion
o Only expert witness can make opinion
 Skill knowledge experience and training
o
o






 No need for degree unless specifically required
Ordnary witness opinion on
 Handwriting
 Identity
 Sanity
 Behavior, emotion, condition, appearance
Character evidence
 Civ
 As long as moral character is in issue, can be presented (whether
plaintiff or defendant)
 Crim
 As a rule, accused can present character evidence.
o He can present good character if there is a moral trait involved
in offense charged. Without this, not allowed. (no character
trait in bp22)
 Prosecution can only present bad char of accused in rebuttal
 Offended party, can present good or bad as long as [missed. Codal]
Object evidence
o Superior form of evidence
o Positive identification
 Direct evidence
 Circumstantial evidence
o Parafin test still reliable today? No.
o Photograph? Yes. Acceptable.
 Jose v ca: photo helped court identify position of colliding vehicles
Offer of evidence
o Before you proceed with examination of witness
o Object document after presentation
o No evidence considered unless formally offerd
 Except if document or object has been presented and identified in court.
Tender of excluded evidence
o When court rejects evidence, you make this tender.
 If testimony, make affidavit
 If document, submit duly certified copy
Continuing objection
o
Circumstantial evidence
o More than one
o Each fact is established
o Taken together=prove beyond reasonable doubt
Impeach witness
o 2 ways:
 General reputation for truth, honesty, integrity is bad (character)
 Prior inconsistent statement. (also with deponents)
 Must lay basis of time, place, and persons.
 [2 grounds are separate. Inconsistencies does not mean you lack credibility]
 Witness can only present good character when he is impeached.

Memorandum
o Past recollection
o Independent recollection
 Document only there to refresh your memory. Your testimony is the evidence
o No recollection
 Evidence should be accepted with caution
Spec proceedings
 RA 9523 – dswd certification to declare child available for adoption
o This is subject to review by appeal. 5 days from receipt. File with CA
 Juridiction of probate court
o Court of limited jurisdiction.
 Cannot make a final determination of ownership.
 Only makes inventory
o Guardianship court
 No J to enforce payment of widow’s allowance
 Deceased partner
o Order
 Separate creditors
 Partnership creditors
 Partners by way of contribution
 Claim for lease rentals survives death. Not personal
o Except: When by stipulation or law
 Can properties of estate be sold? Yes. With authority of court.
o If sold without approval, probate court can invalidate sale. (lee v rtc)
 Venue for settlement of estate
o Place where decedent last resided.
o RA 7691 – jurisdiction is dictated by value of estate. 300 OMM/400MM
o If non-resident
 Place where property is located
 Extrajudicial settlement of estate
o No will, no debts, heirs all of age or represented
 Can a will probated in a foreign country be allowed in phil? Yes
o Present only certificate of its allowance
 No will can pass property unless probated
 Special administrator
o Appointed by the court when there is delay of granting of letters of administration
 Duty of custodian of will
o Present the will within 20 days to executor named in the will
o Or deliver to court
 Notice requirements
o Compulsory heirs only if probate before death
o If after death, notice to all and publication
 Holographic will
o If uncontested, one witness who knows the handwriting is enough
 Expert witness on handwriting
 Notarial will







o If uncontested, one subscribing witness
Any interested person can file for probate
Lost or destroyed will
o Must establish
 Existence
 Fact of destruction without authority or fraudulently
 Contents
Executors and administrator
o DQ
 Minor
 Non resident
 Cannot perform trust (drunk)
o Administration granted to
 Spouse or next of kin or any person nominated by them
 Competent creditor
 Person selected by court
Rule 86 v 87
o 86 covers claims against estate
 Money claims
 Consistent with sec 20 rule 3
 All claims presented in court within 6 months or else barred
 Exception: can be raised as counter claim
o 87
 When executor/admin names as party to action
 Recovery of real or personal property
 Recovery of damages to persons or property, survive death
o Properties transferredin fraud of creditors recovered by exec/admin
 Can also be recovered by creditors
o Debts paid from:
 Personal property not disposed of by will
 Not exceed 1 year. Can be extended for no longer than 6 months
 Properties can be sold to pay debts
 When personal property is insufficient
 Will injure the business of estate
Motherhood statement: No distribution allowed unless, funeral, widows allowance, estate
taxes, and admin expenses are paid.
Escheat
o Can be recovered within 5 years
o Any interested party
o Effect of escheat judgment
 Conclusive as to all persons who have actual or constructive notice.
In guardianship
o Covers taking care of person and management of property
o Who may petition
 Relative
 Friend
 Minor if at least 14 years
o
o




Parents do not need to be declared by court if income of ward does not exceed 50K.
Guardian can sell and encumber property of the ward if
 Income insufficient to cover needs
 Insufficient for education
 For the benefit of the ward
Trustees
o Can be appointed in a will or a written instrument
Habeas Corpus
o 2 types
o Under 102
o Also Habeas corpus on custody of minors
o Thornton v thornton
 RTC Ca and SC has concurrent Jurisdiction on custody of minors
 There is pre-trial in HC on custody of minors
 Concern here is not disappearance, but unlawful detention.
 If disappearance, it can be kidnapping
o Munsayac v reyes
 Reception of evidence in adoption cases cannot be delegated to court
 SC is very strict on this
o Veluz v Villanueva
 HC involves any restrain which precludes freedom of actions
o HC does not issue automatically. Court exercises discretion on whether to issue it or not.
Republic v mercadera
o Rule 103 v rule 108
o Rule 103
 Procedurally governs change of name or surname. This is judicial.
 An action in rem. There must be publication
 Change of name does not affect family relation nor your status.
 Grounds: (republic v volante)
 Ridiculous, dishonorable or difficult to write or pronounce
 Avoid confusion
 Cont used and knows since childhood
 Causes embarrassment and no showing of fraudulent purpose
 Wang: ground to integrate person to Singaporean community not
sufficient ground
o 108
 Correctional and cancellation of entries on civil registry
 If typographical or clerical error, it is summary [if RA 9048 is not applied]
 Under 9048, it is administrative
 SC: if the correction is not clerical error, the proceedings are adversarial
o CASE: Who can be parties to correction of entries in civil registry?
 Must implead civil registry, Solgen and all other interested parties
 Father, paternal grandparents, heirs that will be affected
Appeals in specpro
o Appeals in specpro through a record on appeal within 30 days
o In
 Allowance/disallowance of will




Determination of heirs or their distributive portion
Rulings on Claims
Settlement of accounts of executor
Appointment of special admin is not appealable.