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Remedial Law
Remedial Law
Things necessary to be put in your head
Jurisdiction .............................................................................................................................................. 2
Shariah Courts .................................................................................................................................... 3
Katarungang Pambarangay Law (P.D. 1508) ......................................................................................... 3
Summary Procedure (MTC) .................................................................................................................. 3
Small Claims Cases............................................................................................................................... 4
Summary of Jurisdiction over the subject matter ..................................................................................... 5
Civil Procedure ........................................................................................................................................ 9
Cause of Action vs. Right of Action ....................................................................................................... 9
Indispensable and Necessary Party; Rule on Misjoinder and Non-Joinder ............................................ 9
Schonfeld Doctrine: Venue Stipulations ............................................................................................... 9
Test to Determine Whether the Third-Party complaint is Proper ......................................................... 9
Kinds of Defenses ................................................................................................................................ 9
Compulsory vs. Permissive Counterclaim ........................................................................................... 10
Amendment of Pleading (Rule 10) ..................................................................................................... 10
Requirements for Substituted Service ................................................................................................ 10
Motion for Withdrawal of Information vs. Motion to Dismiss ............................................................ 10
Grounds for Motion to Dismiss .......................................................................................................... 11
Use of Depositions............................................................................................................................. 11
Court Intervention in Deposition Taking ............................................................................................ 11
Requisites of MNT on the ground of newly-discovered evidence ....................................................... 12
Requisites for the execution of a judgment pending appeal ............................................................... 12
Conclusiveness of Judgment / Collateral Estoppel / Estoppel by Verdict ............................................ 12
Modes of Appeal from RTC ................................................................................................................ 12
Findings of Fact by CA, Binding on SC; Exceptions .............................................................................. 13
Fresh Day Period Rule ........................................................................................................................ 13
Only Questions of Law on Certiorari; Exceptions ................................................................................ 13
Special Civil Actions ............................................................................................................................... 14
Requisites of Declaratory Relief [STARBA] .......................................................................................... 14
Requisites for Mandamus to Prosper [RiDuMiN] ................................................................................ 14
GR: MR Necessary before resort to Certiorari (65). Exceptions [SUNDALI] ....................................... 14
Material dates required to be stated in the petition for certiorari under Rule 65 ............................... 14
Forcible Entry vs. Unlawful Detainer .................................................................................................. 15
Civil vs. Criminal Contempt ................................................................................................................ 15
Other Notes:...................................................................................................................................... 15
Special Proceedings ............................................................................................................................... 15
Settlement of Estate (Rule 73-90) ...................................................................................................... 15
Order of Exclusion/inclusion vs. Order of Collation ........................................................................ 16
Escheats: Reconveyance vs. Reversion ............................................................................................... 16
Adoption ........................................................................................................................................... 16
Habeas Corpus .................................................................................................................................. 16
Writ of Amparo ................................................................................................................................. 16
Change of Name and Correction of Entries in the Civil Registrar ........................................................ 17
Criminal Procedure ................................................................................................................................ 17
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Who may file a Complaint.................................................................................................................. 17
Duplicity of the Offense ..................................................................................................................... 17
Amendment vs. Substitution ............................................................................................................. 18
Bail (Rule 113, sec 4 and 5) ................................................................................................................ 18
Instances of Warrantless Arrest ......................................................................................................... 19
Grounds for Motion to Quash (Rule 117 Sec 3) [OJopA FOE AP] .......................................................... 19
Former Conviction or Acquittal; Double Jeopardy .............................................................................. 19
Instances of Warrantless Search ........................................................................................................ 20
Evidence................................................................................................................................................ 20
Best Evidence Rule ............................................................................................................................ 20
Burden of Proof vs. Burden of Evidence ............................................................................................. 20
Parole Evidence [FIVE] ....................................................................................................................... 21
Marital Privilege vs. Marital Disqualification Rule .............................................................................. 21
Exceptions to the Hearsay Evidence Rule [DIAPER CORD T] ................................................................ 21
Leading Questions; xpns [CUPAD] ...................................................................................................... 21
Doctrines Summary ............................................................................................................................... 22
Doctrine of Primary Jurisdiction ......................................................................................................... 22
Doctrine of Adherence of Jurisdiction ................................................................................................ 22
Doctrine of the Law of the Case ......................................................................................................... 22
Doctrine of Independently Relevant Statements ................................................................................ 22
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Remedial Law
Things necessary to be put in your head
JURISDICTION
ERROR OF JUDGMENT
one which the court may
commit in the exercise of
its jurisdiction
error is reviewable only
by an appeal
ERROR OF JURISDICTION
one where the act complained of was issued by the court,
officer or a quasi-judicial body without or in excess of
jurisdiction, or with grave abuse of discretion which is
tantamount to lack or in excess of jurisdiction
error is correctible only by the extraordinary writ of certiorari
RESIDUAL JURISDICTION
RESIDUAL PREROGATIVES
[Available on Appeal]
JURISDICTION
VENUE
The authority to hear and determine a The place where the case is to be
case.
instituted; deals with locality.
A matter of substantive law.
A matter of procedural or adjective
law.
Conferred by law or the Constitution May be conferred by the act or
and cannot be otherwise agreed upon agreement of the parties.
by the parties.
Cannot be waived; except jurisdiction May be waived.
over the person.
Establishes a relation between the Establishes a relation between the
court and the subject matter.
plaintiff and the defendant.
Limitation on the plaintiff.
Limitation on the court.
Deals with substance.
Matter of convenience.
Court may motu proprio dismiss a case Court may not motu proprio dismiss
for lack of jurisdiction.
a case on ground of improper venue.
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SHARIAH COURTS
1. In Civil Cases
a. Forcible Entry and Unlawful detainer
Irrespective of the amount of damages or unpaid
rentals sought to be recovered.
Jurisdiction to resolve issue of ownership to
determine ONLY the issue of possession.
b. All other cases, except probate proceedings, where total
claim does not exceed 100,000 or does not exceed
200,000 in Metro Manila (A.M. No. 02-11-09 SC, Nov. 25, 2002)
Supreme Court
Shariah Appellate Court
District Shariah Court
Circuit Shariah Court
In general, the Shari'ah courts
shall have jurisdiction over
cases involving personal, family
and property relations, and
commercial transactions, in
addition to their jurisdiction over
criminal
cases
involving
Muslims. (Sec. 5, Art. III, R.A. 9054)
NOTE: If a Christian is married
to a Muslim, the Shariah courts
have jurisdiction ONLY if BOTH
reside in the autonomous region
(Lecture of Atty. Brondial)
2. In Criminal Cases
a. Violations of traffic laws, rules and regulations;
b. Rental Law violations;
c. Violations of city or municipal ordinances;
d. Violations of B.P.22; (A.M. No.00-11-01-SC, April 15,
2003);
e. All other criminal cases where the penalty is
imprisonment not exceeding 6 months and/or 1,000
fine irrespective of other penalties or civil liabilities
arising therefrom;
f. Offenses involving damage to property through criminal
negligence where the imposable fine is not exceeding
10,000.
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Shall interrupt the prescriptive period for offenses and cause of action upon filing of complaint with
the punong barangay but must not exceed 60 days.
C.
Other cases (Procedural Exceptions)
1. Accused is under police custody;
2. Person has been deprived of personal liberty thus calling for a habeas corpus proceeding;
3. Actions coupled with provisional remedies;
4. Action barred by prescription;
5. Labor disputes;
6. As determined by the President in the interest of justice;
7. CARL disputes;
8. Those involving the traditions of indigenous cultural community;
9. Actions to annul judgment upon a compromise.
Parties may, at any stage of the proceedings agree in writing to have the matter in dispute decide by
arbitration by either the punong barangay or pangkat. Then, arbitrational hearings shall follow the
order of adjudicative trials.
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I. Original
a. Exclusive
MTC
NOTE: MM stands for Metro Manila
Cases involving real or personal property
whose value is
Admiralty and maritime cases where the
demand or claim is
Matters of probate, both testate and intestate,
where gross value of estate is
Actions which involve the title to, or possession
of real property, where the value of the
property involved
In addition
w/in MM
P 400,000 or less
P 50,000 or less
RTC
Outside MM
w/in MM
Outside MM
P 300,000 or less
More than
P 400,000
More than
P 300,000
P 20,000 or less
More than
P 50,000
More than
P 20,000
1. Those governed by
a. Rules on summary procedure, or
b. Small claims cases
2. [DELEGATED Jurisdiction]
Land registration cases where:
a. Value of land is less than
P100,000, AND
b. There is no contest
3. [SPECIAL Jurisdiction] in the
absence of RTC judges, petitions
for:
a. Bail, or
b. Habeas Corpus
1. Those incapable
estimation
of
pecuniary
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Family Courts
1. Criminal cases where one or more of the accused is a minor
2. petitions for guardianship, custody of children, habeas
corpus in relation to the minor
3. petitions for adoption of children and the revocation thereof
4. All cases involving marriage
5. Petitions for support and/or acknowledgment
6. Summary judicial proceedings brought under the Family
Code
7. Petitions for declaration of status of children as abandoned,
dependent or neglected children, petitions for voluntary or
involuntary commitment of children; the suspension,
termination, or restoration of parental authority and other
cases cognizable under Presidential Decree No. 603,
Executive Order No. 56, and other related laws
8. Petitions for the constitution of the family home
9. Cases against minors cognizable under the Dangerous
Drugs Act, as amended
10. Violations of Republic Act No. 7610 as amended by R.A. no.
7658
11. Cases of domestic violence against women and children
Shariah Courts
In general, all cases involving personal, family and property
relations, and commercial transactions, in addition to their
jurisdiction over criminal cases involving Muslims.
Court of Tax Appeals
1. Decision or inaction by the CIR
2. Decision of RTC in local tax cases
3. Decisions involving liability for customs duties
4. Decision of Central Board of Assessment Appeals over
cases involving the assessment and taxation of real property
5. Decisions of Secretary of Finance on customs cases
elevated to him automatically for review
6. Decisions of Secretary of Trade and Industry involving Tariff
and Customs code of non-agricultural products
7. Decisions of Secretary of Agriculture involving Tariff and
Customs code of non-agricultural products
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Sandiganbayan
WHAT:
1. Violations of R.A. 3019,
2. R.A. 1379 (on ill-gotten wealth),
3. Chapter II, Section II, Title VII, of Book II of the Revised
Penal Code (Bribery), and
4. Other offenses or felonies, whether simple or complexed
with other crimes, committed in relation to office. Ex:
a. Estafa (Hannah Serrana vs. SB, January 28, 2008)
b. Falsification of Document (Garcia vs. SB, 603 SCRA)
c. Plunder (R.A. 7080, Sec. 3)
5. Civil and criminal cases filed pursuant to and in connection
with E.O. Nos. 1,2, 14 and 14-A (Sequestration cases),
issued in 1986, as filed by PCGG
WHO:
1. One or more of the accused national and local official is
classified as Grade 27 or higher; or
2. Regardless of the salary grade, any of the following:
a. Provincial Department Heads.
b. City department heads.
c. diplomatic service officials who are consul or higher
d. Philippine army and air force colonels, naval
captains, and all officers of higher ranks.
e. Officers of the PNP who are either provincial
director, senior superintendent, or higher.
f. City and Provincial prosecutors and their assistants,
and officials and prosecutors in the Office of the
Ombudsman and special prosecutor.
g. Presidents, directors or trustees, or managers of
GOCC, state universities or educational institutions
or foundations.
Court of Appeals: Annulment of Judgment under Rule 47
Supreme Court: CPMQH over 5 agencies, to wit:
1. Court of Appeals
2. Court of Tax Appeals en banc
3. Sandiganbayan
4. Commission on Audit (under Rule 64)
5. Commission on Elections (under Rule 64)
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b. Concurrent
C
O
N
C
U
R
R
E
N
T
J
U
R
I
S
D
I
C
T
I
O
N
SC and CA
SC and SB
SC, CA,
and RTC
SC AND RTC
for
writ
of
4. Petition for
habeas data.
writ
of
Action
affecting
ambassador, other public
ministers and consuls.
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II. Appellate
S u p r e m e
Commission
on Audit
C o u r t
Sandiganbayan
COMELEC
C o u r t
o f
A p p e a l s
District
Shariah Court
All
others
CSC and other Quasi-judicial
agencies listed in Rule 43 Sec. 1
(NOTE: NLRC is NOT included)
Family Courts
CTA en
banc
P.D. 1861
R.A. 7975
R.A. 8294
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CIVIL PROCEDURE
CAUSE OF ACTION VS. RIGHT OF ACTION
CAUSE OF ACTION
RIGHT OF ACTION
An indispensable party is one without whom there can be no final determination of an action.
A necessary party is one who is not indispensable but who ought to be joined as party if
complete relief is to be accorded those already parties, or for a complete determination or
settlement of the claim subject of the action
Neither a misjoinder nor a non-joinder of parties is a ground for dismissal of an action, because
parties may be dropped or added at any stage of the proceedings. (Cabutihan vs. Landcenter Const. &
Dev. Corp. (383 SCRA))
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 like like "only,"
"solely," "exclusively in this court," "in no other court save ," "particularly," "nowhere else
but/except ," (Pacific Consultants Intl (PPI) vs. Schonfeld (516 SCRA))
The test whether it arises out of the same transaction on which the plaintiffs claim is based,
or the third-party plaintiffs claim, although arising out of another or different contract or
transaction, is connected with the plaintiffs claim. (Asia Const. & Dev. Corp (ACDC) vs. CA &
MEC (458 SCRA))
KINDS OF DEFENSES
1. Affirmative Defense An allegation of a new matter, which, while hypothetically admitting the
material allegations in the pleading would nevertheless prevent or bar recovery by him.
2. Negative Defense Involves specific denial of the material facts alleged in the pleading of the
claimant essential to his cause of action (Sec. 5[a], Rule 6).
3. Negative Pregnant a form of negative expression which carries with it an affirmation or at
least an implication of some kind favorable to the adverse party. Where a fact is alleged with
qualifying or modifying language and the words of the allegation as so qualified or modified are
literally denied, the qualifying circumstances alone are denied while the fact itself is admitted.
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Permissive Counterclaim
If corp./association: president, manager, secretary, cashier, agent, or any of its directors (R14, S 11)
What gives the court jurisdiction in an action in rem or quasi in rem is that it has jurisdiction over the
res, i.e. the personal status of the plaintiff who is domiciled in the Philippines or the property
litigated or attached. Service of summons in the manner provided in Sec. 15 is not for the purpose of
vesting it with jurisdiction but for complying with the requirements of fair play or due process, so
that he will be informed of the pendency of the action against him. (Pascual vs. Pascual)
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USE OF DEPOSITIONS
At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a
deposition, so far as admissible under the rules of evidence, may be used against any party who was
present or represented at the taking of the deposition or who had due notice thereof, in accordance
with any one of the following provisions (Sec 4):
(a) Any deposition may be used by any party for the purpose of contradicting or impeaching the
testimony of deponent as a witness;
(b) The deposition of a party or of anyone who at the time of taking the deposition was an officer,
director, or managing agent of a public or private corporation, partnership, or association which is a
party may be used by an adverse party for any purpose;
(c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the
court finds: (1) that the witness is dead; or (2) that the witness resides at a distance more than one
hundred (100) kilometers from the place of trial or hearing, or is out of the Philippines, unless it
appears that his absence was procured by the party offering the deposition; or (3) that the witness is
unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (4) that the
party offering the deposition has been unable to procure the attendance of the witness by
subpoena; or (5) upon application and notice, that such exceptional circumstances exist as to make
it desirable, in the interest of justice and with due regard to the importance of presenting the
testimony of witnesses orally in open court, to allow the deposition to be used; and
(d) If only part of a deposition is offered in evidence by a party, the adverse party may require him to
introduce all of it which is relevant to the part introduced, and any party may introduce any other
parts.
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1. to "enlarge or shorten the time" stated in the notice (Sec. 15, Rule 24), or
2. "upon notice and for good cause shown," to prevent the deposition-taking, or impose conditions
therefor, e.g., that "certain matters shall not be inquired into" or that the taking be "held with
no one present except the parties to the action and their officers or counsel," etc. (Sec. 16, Rule
24), or
3. to terminate the process on motion and upon a showing that "it is being conducted in bad faith
or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party" (Sec
18, Rule 24).
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c) Petition for review to the Supreme Court. (Rule 45) only questions of law (Rule 56, Sec 5)
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D i c h o s o | 14
9. the findings of the Court of Appeals are beyond the issues of the case; and (11) such findings are
contrary to the admissions of both parties. (Heirs of Domingo Hernandez, Sr. vs. Mingoa, Sr., 608 SCRA 394)
1.
2.
3.
4.
5.
MATERIAL DATES REQUIRED TO BE STATED IN THE PETITION FOR CERTIORARI UNDER RULE 65
1. date of receipt of the notice of the judgment or final order or resolution;
2. date of filing of the motion for new trial or for reconsideration; and
3. date of receipt of the notice of denial of the motion.
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UNLAWFUL DETAINER
Legal at beginning.
Not required
Necessary
1 year from LAST demand
By contract or tolerance.
CRIMINAL CONTEMPT
conduct directed against the
authority or dignity of the court
If the contempt is initiated by the
court or tribunal exercising the
power to punish a given
contempt, it is criminal in nature,
and the proceedings are to be
conducted in accordance with
the principles and rules
applicable to criminal cases.
The State is the real prosecutor
purpose is primarily punishment
Whether the first (civil) or the second (criminal), contempt is still a criminal proceeding in which
acquittal, for instance, is a bar to a second prosecution. The distinction is for the purpose only of
determining the character of punishment to be administered.
OTHER NOTES:
An interpleader is a compulsory counterclaim (Wack-wack Golf & Country Club vs. Lee Won,70SCRA)
Quo warranto binds the person and not the office
Quo warranto is not applicable against those usurping office in a private corporation
The property sought to be expropriated may be titled in the name of the Republic of the Philippines,
although occupied by private individuals (Asias Emerging Dragon vs. DOTC, 2008)
Personal notice to the mortgagor in extra-judicial foreclosure proceedings is not necessary, hence,
not a ground to set aside the foreclosure sale.
SPECIAL PROCEEDINGS
SETTLEMENT OF ESTATE (RULE 73-90)
As generally used in statutes fixing venue, the terms residence and domicile are synonymous,
and convey the same meaning as the term inhabitant. It means personal, actual or physical
habitation of a person, actual residence or place of abode. (San Luis vs. San Luis (514 SCRA))
There is nothing in Sec. 2 of Rule 80 requiring a special administrator to take possession of the
estate only upon a prior finding that the heirs have been wasting properties of the estate which are
in their possession.
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D i c h o s o | 16
Grandchildren are not entitled to provisional support from the funds of the decedents estate. The
law clearly limits the allowance to widow and children and does not extend it to the deceaseds
grandchildren, regardless of their minority or incapacity. (Ruiz vs. CA [252 SCRA])
ORDER OF EXCLUSION/INCLUSION VS. ORDER OF COLLATION
Order of Exclusion/Inclusion
Order of Collation
Interlocutory Order
Final order (Rule 90 Sec. 2 Sec. 1 Rule 90)
Made at the early stage of
Made when the estates of the deceased were ready
the proceeding, for the
for partition and distribution (After debts of the
inventory of the decedents
estate have been paid & the net remainder of the
estate
estate have already been determined)
Reversion
ultimate relief sought is to revert the
land back to the government under the
Regalian doctrine.
the land subject of the action originated
from a grant by the government
Can only be instituted by the
government (generally Solgen)
Property goes back to the State
ADOPTION
The written consent of the biological parents is indispensable for the validity of a decree of adoption
HABEAS CORPUS
The grant of relief in a Habeas Corpus (HC) proceeding is not predicated on the disappearance of a
person, but on his illegal detention.
Instances when Habeas Corpus is NOT available:
When forcible taking and disappearance -- not arrest and detention -- have been alleged
To assert ones right to bail (Serapio vs. SB (396 SCRA))
When the person alleged to be restrained of his liberty is in the custody of an officer under
process issued by a court (Sec. 4, Rule 102)
If the accused has only served the minimum of his sentence as he must serve his sentence up to
its maximum term (OCA vs. Judge Puello (575 SCRA))
to secure custody of a spouse, who voluntary chose not to cohabit with her (illusorio vs. Bildner)
WRIT OF AMPARO
Kinds: [only #5 is not adopted in the Philippines]
(1) amparo libertad for the protection of personal freedom, equivalent to the habeas corpus writ;
(2) amparo contra leyes for the judicial review of the constitutionality of statutes;
(3) amparo casacion for the judicial review of the constitutionality and legality of a judicial decision;
(4) amparo administrativo for the judicial review of administrative actions; and
(5) amparo agrario for the protection of peasants' rights derived from the agrarian reform process.
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D i c h o s o | 17
CRIMINAL PROCEDURE
WHO MAY FILE A COMPLAINT
Gen Rule: by any person with the fiscal; Prosecution is commenced by the information filed by the fiscal.
xpn: (Rule 110 Sec. 5) [CASALA]
1. Adultery and Concubinage (AC)
Offended spouse, regardless of his/her age, as long as not incapacitated (yung hindi baliw)
ed
Must be a spouse at the time of the filing of the complaint (Regalado, 2009 , p. 303)
2. Seduction, Abduction, or acts of lasciviousness (SAA), in this order:
a. Offended woman, of legal age and not incapacitated only she can file. Else, the ff:
b. Parents
c. Grandparents
d. Guardians
e. State
3. Defamation imputing to the person any of the CASAA [private libel tawag dito]
Only the party/parties defamed.
Other crimes can be prosecuted de oficio (e.g. rape, corruption of minor and white slavery)
Death of offended spouse before the filing of complaint for adultery/concubinage bars further
prosecution.
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D i c h o s o | 18
SUBSTITUTION
Necessarily involves a substantial change from the
original change
If made before plea, must always be with leave as
original information has to be dismissed
Another P.I. is needed and accused has to plead
anew to the new information
Presupposes that the new information involved a
different offense which does not include or is not
included in the original charge
DISCRETIONARY
NOT AVAILABLE
After conviction in RTC, where 1. GenRule: After judgment of conviction has
the penalty imposed is either:
become final
1. Not more than 6yrs, or
xpn: Parole
2. [Requisites]
2. After accused has commenced to serve
a. above 6yrs but below 20
sentence (Sec. 24, Rule 113)
yrs (below death, RP, or LI), 3. [Req] a. Imprisonment exceeds 6 yrs,
AND (Rule 113 sec. 5)
AND
b. Either of the circumstances is present*:
b. NOT one circumstance in
Rule 114 sec. 5 is present.
Accused is a recidivist (RPC Art 14(9)),
quasi-recidivist (RPC Art 160),
habitual delinquent (RPC Art 62(5)),
or has committed the crime
aggravated by reiteration (Art 14(10))
Accused has previously escaped,
evaded sentence, or has violated the
terms of his bail without valid
justification (RPC Art 157 to 159)
Accused committed the offense while
under probation (P.D. 968), parole
(Act 4103), or conditional pardon (Art
159)
Probability of flight if released on bail
Undue risk that he may commit
another crime during pendency of
appeal
th
4.
1.
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D i c h o s o | 19
GROUNDS FOR MOTION TO QUASH (RULE 117 SEC 3) [OJOPA FOE AP]
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Jurisdiction
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D i c h o s o | 20
NEW TRIAL (RULE 121)
REOPENING (RULE 119 SEC 24)
Made after judgment, before finality
Made before judgment is rendered
Consent of accused is required
Consent of accused is NOT required
Made at the instance or with the consent Made at the instance of either party
of the accused
EVIDENCE
BEST EVIDENCE RULE
(Rule 130 sec. 3) When the subject of inquiry is the contents of a document, no evidence shall be
admissible other than the original document itself, except in the following cases:
a. When the original has been lost or destroyed, or cannot be produced in court, without bad faith
on the part of the offeror;
b. When the original is in the custody or under the control of the party against whom the evidence
is offered, and the latter fails to produce it after reasonable notice;
c. When the 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; and
d. When the original is a public record in the custody of a public officer or is recorded in a public
office.
BURDEN OF EVIDENCE
Shifts from party to party depending upon the
exigencies of the case in the course of trial
Determined by the developments at the trial,
or provisions of substantive/procedural rules
(presumptions, judicial notice, & admissions)
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Dying Declaration
Declaration against interest
Act or declaration about pedigree
Family reputation or tradition regarding pedigree
Entries in the course of business
Common Reputation
Commercial lists and the like
Entries in official records
Part of res gestae
Testimony or deposition at a former proceeding
Learned treaties
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DOCTRINES SUMMARY
DOCTRINE OF PRIMARY JURISDICTION
Courts will not resolve a controversy involving a question which is within the jurisdiction of an
administrative tribunal
A decision that has attained finality becomes the law of the case regardless of any claim that it is
erroneous.
A witness may testify to the statements made by a person if they are the facts in issue, or are
circumstantial evidence of the facts in issue and independent of whether the facts stated are
true. [kung sinabi ba, hindi kung totoo yung sinabi]