Академический Документы
Профессиональный Документы
Культура Документы
REMEDIAL LAW
Pre-week Notes 2017
ACADEMICS COMMITTEE
QUESTIONS WITH THE SAME TOPIC ASKED IN THE 2015 No, the Family Court judge was not correct when he declined
AND 2016 BAR EXAMINATIONS to resolve the constitutionality of R.A. No. 9262.The Supreme
Court has held that despite its designation as a Family Court,
JURISDICTION OF COURTS a Regional Trial Court remains to possess authority as a court
of general jurisdiction to resolve the constitutionality of a
Lender extended to Borrower a P100,000.00 loan covered statute. (Garcia v. Drilon, June 25, 2013)
by a promissory note. Later, Borrower obtained another
P100,000.00 loan again covered by a promissory note. Still State at least five (5) civil cases that fall under the
later, Borrower obtained a P300,000.00 loan secured by a exclusive srcinal jurisdiction of the Regional Trial Courts
real estate mortgage on his land valued at P500,000.00. (RTCs). (2016 BAR)
Borrower defaulted on his payments when the loans
matured. Despite demand to pay the P500,000.00 loan, The following civil cases fall under the exclusive srcinal
Borrower refused to pay. Lender, applying the totality rule, jurisdiction of the RTCs:
filed against Borrower with the Regional Trial Court (RTC)
of Manila, a collection suit for P500,000.00. At the trial, 1. Actions where the demand or the value of the property in
Borrower's lawyer, while cross-examining Lender, controversy exceeds P300,000, or, in Metro Manila, P400,000,
successfully elicited an admission from the latter tha t the exclusive of damages, attorney’s fees, litigation expenses,
two promissory notes have been paid. Thereafter, interests, and costs.
Borrower's lawyer filed a motion to dismiss the case on the 2. Real actions where the assessed value of the real property
ground that as proven, only P300,000.00 was the amount involved exceeds P20,000, or in Metro Manila, P50,000.
due to Lender and which claim is within the exclusive 3. Actions whose subject matter is incapable of pecuniary
srcinal jurisdiction of the Metropolitan Trial Court. He estimation.
further argued that lack of jurisdiction over the subject 4. Probate cases where the gross value of the estate exceeds
matter can be raised at any stage of the proceedings. a.) P300,000, or in Metro Manila, P400,000.
Did Lender correctly apply the totality rule and the rule on 5. Actions not falling within the exclusive jurisdiction of any
joinder of causes of action? b.) Should the court dismiss the other court, tribunal, body, or person, exercising judicial or
case? (2015 BAR) quasi-judicial functions.
a) Yes, Lender correctly applied the totality rule and the rule SUMMONS
on joinder of causes of action. Under the rule on joinder of
causes of action, a party may in one pleading assert as many Circe filed with the RTC a complaint for the foreclosure of
causes of action as he may have against an opposing party. real estate mortgage against siblings Scylla and
Under the totality rule, where the claims in all the causes of Charybdis, co-owners of the property and cosignatories to
action are principally for recovery of money, the aggregate the mortgage deed. The siblings permanently reside in
amount claimed shall be the test of jurisdiction. Here, the Athens, Greece. Circe tipped off Sheriff Pluto that Scylla is
causes of action by Lender are all against Borrower and all on a balikbayan trip and is billeted at the Century Plaza
the claims are principally for recovery of money. Hence, the Hotel in Pasay City. Sheriff Pluto went to the hotel and
aggregate amount claimed, which is P500,000.00, shall be the personally served Scylla the summons, but the latter
test of jurisdiction and thus, it is the RTC of Manila which has refused to receive summons for Charybdis as she was not
jurisdiction. Although the rules on joinder of causes of action authorized to do so. Sheriff Pluto requested Scylla for the
state that the joinder shall not include special civil actions, email address and fax number of Charybdis which the
the remedy resorted to with respect to the third loan was not latter readily gave. Sheriff Pluto, in his return of the
foreclosure but collection. Hence, joinder of causes of action summons, stated that "Summons for Scylla was served
would still be proper. personally as shown by her signature on the receiving
copy of the summons. Summons on Charybdis was served
b) No, the court should not dismiss the case. The Supreme pursuant to the amendment of Rule 14 by facsimile
Court has held that subject-matter jurisdiction is determined transmittal of the summons and complaint on defendant's
by the amount of the claim alleged in the complaint and not fax number as evidenced by transmission verification
the amount substantiated during the trial (Dionisio v Sioson report automatically generated by the fax machine
Puerto, 31 October 1974). Here, the amount claimed was indicating that it was received by the fax number to which
P500,000.00. Even if the claim substantiated during the trial it was sent on the date and time indicated therein." Circe,
was only P300,000.00, said amount is not determinative of 60 days after her receipt of Sheriff Pluto's return, filed a
subject-matter jurisdiction. Hence, the argument that lack of Motion to Declare Charybdis in default as the latter did not
subject-matter jurisdiction can be raised at any time is file any responsive pleading. On one hand, Scylla
misplaced since the RTC has jurisdiction. seasonably filed her answer setting forth therein as a
defense that Charybdis had paid the mortgage debt.
Juliet, invoking the provisions of the Rule on Violence a.) Should the court declare Charybdis in default? b.) On
Against Women and their Children, filed with the RTC the premise that Charybdis was properly declared in
designated as a Family Court a petition for issuance of a default, what is the effect of Scylla's answer to the
Temporary Protection Order (TPO) against her husband, complaint? (2015 BAR)
Romeo. The Family Court issued a 30-day TPO against
Romeo. A day before the expiration of the TPO, Juliet filed a a) No, the court should not declare Charybdis in default.
motion for extension. Romeo raised in his opposition, Under the Rules of Court, the amendment of Rule 14 allowing
among others, the constitutionality of R.A. No. 9262 (VAWC service of summons by facsimile transmittal refers only to
Law) arguing that the law authorizing the issuance of a service of summons upon a foreign private juridical entity
TPO violates the equal protection and due process clauses (Section 12, Rule 14), not to a non-resident defendant (Section
of the 1987 Constitution. The Family Court judge, in 15, Rule 14).Service of summons by facsimile cannot be
granting the motion for extension of the TPO, declined to effected under Section 15 unless leave of court was obtained
rule on the constitutionality of R.A. No. 9262. He reasoned specifically permitting service by facsimile transmittal. Here,
that Family Courts are without jurisdiction to pass upon the defendant is not a foreign private juridical entity but a
constitutional issues as it is a special court of limited non-resident defendant and no leave of court was obtained to
jurisdiction. Moreover, R.A. No. 8369, the law creating the serve summons by facsimile. Hence, there was no valid
Family Courts, does not provide for such jurisdiction. Is the service of summons, and thus, the court could not declare
Family Court judge correct when he declined to resolve the Charybdis in default.
constitutionality of R.A. No. 9262? (2015 BAR)
1
REMEDIAL LAW
b) As an effect of Scylla’s answer to the complaint, the court service, which includes service by publication, may be availed
shall try the case against both Scylla and Charybdis based on of in actions where the subject of which is property within
the answer filed by Scylla. Under Section 3(c) of Rule 9, when the Philippines, in which the defendant has or claims a lien or
a pleading asserting a claim states a common cause of action interest, or in which the relief demanded consists in
against several defending parties, some of whom answer and excluding the defendant from any interest therein. Here, the
the others fail to do so, the court shall try the case against all action for reconveyance has for its subject a real property in
upon the answers thus filed and render judgment upon the the Philippines, in the defendant’s name, and in which the
evidence presented. Here, there was a common cause of relief sought is to annul the defendant’s title and vest it in the
action against Scylla and Charybdis since both were plaintiff. While Jojo is correct in saying that the action for
cosignatories to the mortgage deed. Hence, the court should reconveyance is in personam (Republic v. CA, 315 SCRA 600,
not render judgment by default against Charybdis but should 606), the test of whether an action is covered by Sec. 15 of
proceed to try the case upon the answer filed and the Rule 14 is not its technical characterization asin remor quasi
evidence presented by Scylla. in rembut whether it is among those mentioned in s aid
provision. (See Baltazar v. Court of Appeals, 168 SCRA 354,
Juan sued Roberto for specific performance. Roberto knew 363)
that Juan was going to file the case so he went out of town
and temporarily stayed in another city to avoid service of MODES OF DISCOVERY
summons. Juan engaged the services of Sheriff Matinik to
Ernie filed a petition for guardianship over the person and
serve the summons but when the latter went to the
properties of his father, Ernesto. Upon receipt of the notice
residence of Roberto, he was told by the caretaker thereof
of hearing, Ernesto filed an opposition to the petition.
that his employer no longer resides at the house. The
Ernie, before the hearing of the petition, filed a motion to
caretaker is a high school graduate and is the godson of
order Ernesto to submit himself for mental and physical
Roberto. Believing the caretaker's story to be true, Sheriff
examination which the court granted. After Ernie's lawyer
Matinik left a copy of the summons and complaint with the
completed the presentation of evidence in support of the
caretaker. Was there a valid substituted service of
petition and the court's ruling on the formal offer of
summons? Discuss the requirements for a valid service of
evidence, Ernesto's lawyer filed a demurrer to evidence.
summons. (2016 BAR)
Ernie's lawyer objected on the ground that a demurrer to
Yes, there was a valid service of summons. In a case involving evidence is not proper in a special proceeding.xxx If
similar facts, the Supreme Court held that there was a valid Ernesto defies the court's order directing him to submit to
substituted service of summons since the defendant was physical and mental examinations, can the court order his
engaged in deception to thwart the orderly administration of arrest? (2015 BAR)
justice. Here, the defendant was also engaged in deception
since he temporarily stayed in another city to avoid service of No, the court cannot order Ernesto’s arrest. Under Section
summons and his caretaker falsely said he no longer resides 3(d) of Rule 29, a court cannot direct the arrest of a party for
in the house. (Sagana v. Francisco, Oct 2, 2009) disobeying an order to submit to a physical or mental
examination. The court may impose other penalties, such as
The
are: requirements for a valid substituted service of summons rendering
physical orjudgment by default
mental condition or issuing
of the an order
disobedient partythat
shallthe
be
taken as established in accordance with the claim of the party
1. The defendant, for justifiable reasons, cannot be obtaining the order.
personally served with summons within a reasonable time.
[a] Briefly explain the procedure on "Interrogatories to
2. Copies of the summons shall be left at the defendant’s Parties" under Rule 25 and state the effect of failure to
residence with some person of suitable age and discretion serve written interrogatories. [b] Briefly explain the
residing therein, or by leaving the copies at defendant’s office procedure on "Admission by Adverse Party" under Rule 26
or regular place of business with some competent person in and the effect of failure to file and serve the request. (2016
charge thereof. [Note: The call should be read as referring BAR)
only to a valid substitutedservice of summons; otherwise, the
answer would be kilometric as there are several ways to (a) The procedure on “Interrogatories to Parties” under Rule
serve summons under Rule 14.] 25 is briefly explained as follows: (1) A party desiring to elicit
material and relevant facts from an adverse party shall file
Tristan filed a suit with the RTC of Pasay against Arthur and serve upon the latter written interrogatories to be
King and/or Estate of Arthur King for reconveyance of a answered by the latter; (2) The interrogatories shall be
lot declared in the name of Arthur King under TCT No. answered fully in writing and shall be signed and sworn to by
1234. The complaint alleged that "on account Arthur the person making them. The interrogatories shall be
King's residence abroad up to the present and the answered within 15 days from service thereof. The answers
uncertainty of whether he is still alive or dead, he or his may be used for the same purposes provided for in Section 4
estate may be served with summons by publication." of Rule 23 on depositions; (3) Objections to any
Summons was published and nobody filed any responsive interrogatories may be made within 10 days after service
pleading within sixty (60) days therefrom. Upon motion, thereof. The effect of the failure to serve written
defendants were declared in default and judgment was interrogatories is that unless allowed by the court for good
rendered declaring Tristan as legal owner and ordering cause shown and to prevent a failure of justice, a party not
defendants to reconvey said lot to Tristan. Jojo, the court- served with written interrogatories may not be compelled by
designated administrator of Arthur King's estate, filed a the adverse party to give testimony in open court, or to give a
petition for annulment of judgment before the CA praying deposition pending appeal.
that the decision in favor of Tristan be declared null and
void for lack of jurisdiction. He claims that the action filed (b) The procedure on “Admission by Adverse Party” under
by Tristan is an action in personam and that the court did Rule 25 is briefly explained as follows: (1) At any time after
not acquire jurisdiction over defendants Arthur King issues have been joined, a party may file and serve upon any
and/or his estate. On the other hand, Tristan claims that other party a written request for the admission by the latter
the suit is an action in rem or at least, an action quasi in of the genuineness of any material and relevant document or
rem. Is the RTC judge correct in ordering service of the truth of any material and relevant matter of fact; (2) Each
summons by publication? Explain. (2016 BAR) of the matters of which an admission is requested shall be
deemed admitted unless, within the period designated in the
Yes, the RTC judge is correct in ordering service of summons request, which shall not be less than 15 days after service
by publication. Under Sect. 15 of Rule 14, extraterritorial thereof, the party to whom the request is directed files and
2
UST LAW PRE-WEEK NOTES 2017
serves upon the requesting party a sworn statement either testimonial evidence. It is simply a witness’ testimony
denying specifically the matters of which an admission is reduced to writing in affidavit form. This is shown by Sec. 6
requested or setting forth in detail why he cannot truthfully of the Judicial Affidavit Rule which states that the offer of
either admit or deny t hose matter; (3) Objections t o any testimony in judicial affidavit shall be made at the start of the
request for admission shall be submitted to the court within presentation of the witness. Hence, the motion for
the period for and prior to the filing of his sworn statement. reconsideration on the ground that Juan’s judicial affidavit
The effect of the failure to file and serve request for was documentary evidence which was not orally offered is
admission is that, unless allowed by the court for good cause without merit.
shown and to prevent a failure of justice, a party who fails to
file and serve a request for admission on the adverse party of What are the contents of a judicial affidavit? (2016 BAR)
material and relevant facts at issue which are, or ought to be,
The contents of a judicial affidavit are as follows:
within the personal knowledge of the latter, shall not be
allowed to present evidence on such facts. (a) The name, age, residence or business address, and
occupation of the witness;
[a] What is the "most im portant witness" rule pursuant to
the 2004 Guidelines of Pre-trial and Use of Deposition-
Discovery Measures? Explain. [b] What is the "one-day (b) The name and address of the lawyer who conducts or
examination of witness" rule pursuant to said 2004 supervises the examination of the witness and the place
Guidelines? Explain. (2016 BAR) where the examination is being held;
(a) The “most important witness” rule pursuant to the 2004 (c) A statement that the witness is answering the questions
Guidelines of Pre-trial and Use of Deposition-Discovery asked of him, fully conscious that he does so under oath, and
Measures provides that the judge shall, during the pre-trial that he may face criminal liability for false testimony or
conference, determine the most important witnesses to be perjury;
heard and limit the number of witnesses. (b) The “one-day
examination of a witness” rule pursuant to the 2004 (d) Questions asked of the witness and his corresponding
Guidelines of Pre-trial and Use of Deposition-Discovery answers, consecutively numbered, that: [1.] show the
Measures provides that a witness has to be fully examined in circumstances under which the witness acquired the facts
one day only, subject to the court’s discretion to extend the upon which he testifies; [2.] elicit from him those facts which
direct and/or cross-examination for justifiable reasons. are relevant to the issues that the case presents;
and [3.] identify the attached documentary and object
JUDICIAL AFFIDAVIT RULE evidence and establish their authenticity in accordance with
the Rules of Court;
Pedro was charged with theft for stealing Juan's cellphone
worth P10,000.00. Prosecutor Marilag at th e pre-trial (e) The signature of the witness over his printed name; and,
submitted the judicial affidavit of Juan attaching the
receipt for the purchase of the cellphone to prove civil (f) A jurat with the signature of the notary public who
liability. She also submitted the judicial affidavit of Mario, administers the oath or an officer who is authorized by law to
an eyewitness who narrated therein how Pedro stole administer the same.
Juan's cellphone. At the trial, Pedro's lawyer objected to
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
the prosecution's use of judicial affidavits of her witnesses
considering the imposable penalty on the offense with A law was passed declaring Mt. Karbungko as a protected
which his client was charged a.) Is Pedro's lawyer correct area since it was a major watershed. The protected area
in objecting the use of judicial affidavit of Mario? b.) Is covered a portion located in Municipality A of the Province
Pedro's lawyer correct in objecting the use of judicial I and a portion located in the City of Z of Province II.
affidavit of Juan? Maingat is the leader of Samahan ng Tagapag-ingat ng
Karbungko (STK), a people's organization. He learned
At the conclusion of the prosecution's presentation of that a portion of the mountain located in the City of Z of
evidence, Prosecutor Marilag orally offered the receipt Province II was extremely damaged when it was bulldozed
attached to Juan's judicial affidavit, which the court and leveled to the ground, and several trees and plants
admitted over the objection of Pedro's lawyer. After were cut down and burned by workers of World Pleasure
Pedro's presentation of his evidence, the court rendered Resorts, Inc. (WPRI) for the construction of a hotel and golf
judgment finding him guilty as charged and holding him course. Upon inquiry with the project site engineer if they
civilly liable for P20,000.00. Pedro's lawyer seasonably had a permit for the project, Maingat was shown a copy of
filed a motion for reconsi deration of the decision asserting the Environmental Compliance Certificate (ECC) issued by
that the court erred in awarding civil liability on the basis the DENR-EMB Regional Director (RD-DENR-
of Juan's judicial affidavit, a documentary evidence which EMB).Immediately, Maingat and STK filed a petition for the
Prosecutor Marilag failed to orally offer. c.) Is the motion issuance of a writ of continuing mandamus against RD-
for reconsideration meritorious? (2015 BAR)
DENR-EMB
designated and WPRI withcourt,
environmental the RTC of RD-DENR-EMB
as the Province I, a
a) No, Pedro’s lawyer is not correct in objecting the use of negligently issued the ECC to WPRI. On scrutiny of the
judicial affidavit of Mario. The Judicial Affidavit Rule applies petition, the court determined that the area where the
to criminal actions where the maximum of the imposable alleged actionable neglect or omission subject of the
penalty does not exceed six years. Here, the penalty for theft petition took place in the City of Z of Province II, and
of property not exceeding P12,000.00 does not exceed 6 therefore, cognizable by the RTC of Province II. Thus, the
years. Hence, the Judicial Affidavit Rule applies. court dismissed outright the petition for lack of
jurisdiction. a.) Was the court correct in motu proprio
b) No, Pedro's lawyer is not correct in objecting the use of dismissing the petition? Assuming that the court did not
judicial affidavit of Juan. The Judicial Affidavit Rule applies dismiss the petition, the RD-DENR-EMB, in his Comment,
with respect to the civil aspect of the criminal actions, moved to dismiss the petition on the ground that
whatever the penalties involved are. Here, the purpose of petitioners failed to appeal the issuance of the ECC and to
introducing the judicial affidavit of Juan was to prove his civil exhaust administrative remedies provided in the DENR
liability. Rules and Regulations. b.) Should the court dismiss the
petition? (2015 BAR)
c) No, the motion for reconsideration is not meritorious. A
judicial affidavit is not documentary evidence but a
3
REMEDIAL LAW
a) No, the court was not correct in motu proprio dismissing before the Supreme Court over a complaint for damages
the petition for lack of jurisdiction. In a case involving similar before the RTC of Marinduque or vice-versa. What action
facts, the Supreme Court held that the requirement wherein will you recommend? Explain. (2016 BAR)
the petition be filed in the area where the actionable neglect
or omission took place relates to venue and not to subject- I will recommend the filing of a Petition for the Issuance of a
matter jurisdiction. Since what is involved is improper venue Writ of Kalikasan. The following are the advantages of such
and not subject-matter jurisdiction, it was wrong for the petition over a civil complaint for damages. Firstly, there will
court to dismiss outright the petition since venue may be be no issue regarding the legal standing or legal capacity of
waived. (Dolot v. Paje, August 27, 2013) the AKAI to file the action. Section 1, Rule 7 of the Rules of
Procedure for Environmental Cases (RPEC) provides that the
b) No, the court should not dismiss the petition. The Supreme writ of kalikasan is available to a people’s organization, non -
Court has held that in environmental cases, the defense of governmental organization, or any public interest group. On
failure to exhaust administrative remedies by appealing the the other hand, the legal capacity of AKAI to file an action for
ECC issuance would apply only if the defect in the issuance of damages in behalf of its members may be questioned since a
the ECC does not have any causal relation to the corporation has a personality separate from that of its
environmental damage. Here, the issuance of the ECC has a members.
direct causal relation to the environmental damage since it
permitted the bulldozing of a portion of the mountain and the Secondly, the petitioner in a petition for writ of kalikasan is
cutting down and burning of several trees and plants. exempt from the payment of docket fees, unlike in a civil
(See Paje v. Casiño, February 3, 2015) complaint for damages.
Hannibal, Donna, Florence and Joel, concerned residents of Thirdly, in a petition for writ of kalikasan, the petitioners may
Laguna de Bay, filed a complaint for mandamus against avail of the precautionary principle in environmental cases
the Laguna Lake Development Authority, the Department which provides that when human activities may lead to
of Environment and Natural Resources, the Department of threats of serious and irreversible damage to the
Public Work and Highways, Department of Interior and environment that is scientifically plausible but uncertain, an
Local Government, Department of Agriculture, Department action shall be taken to avoid or diminish the threat. In effect,
of Budget, and Philippine National Police before the RTC of the precautionary principle shifts the burden of evidence of
Laguna alleging that the continued neglect of defendants harm away from those likely to suffer harm and onto those
in performing their duties has resulted in serious desiring to change the status quo. In a civil complaint for
deterioration of the water quality of the lake and damages, the burden of proof to show damages is on the
degradation of the marine life in the lake. The plaintiffs plaintiff.
prayed that said government agencies be ordered to clean
up Laguna de Bay and restore its water quality to Class C Finally, the judgment in a petition for writ of kalikasan is
waters as prescribed by Presidential Decree No. 1152, immediately executor, unlike in a civil complaint for
otherwise known as the Philippine Environment Code. damages.
Defendants raised the defense that the cleanup of the lake
is not a ministerial function and they cannot be compelled The advantage of the civil complaint for damages is that the
by mandamus to perform the same. The RTC of Laguna court may award damages to the petitioners for the injury
rendered a decision declaring that it is the duty of the suffered which is not the case in a petition for writ of
agencies to clean up Laguna de Bay and issued a kalikasan. At any rate, a person who avails of the writ of
permanent writ of mandamus ordering said agencies to kalikasan may also file a separate suit for the recovery of
perform their duties prescribed by law relating to the damages.
cleanup of Laguna de Bay. [a] Is the RTC correct in issuing
the writ of mandamus? Explain. [b] What is the writ of VERIFICATION AND CERTIFICATION AGAINST FORUM
continuing mandamus? (2016 BAR) SHOPPING
(a) Yes, the RTC is correct. In MMDA v. Concerned Residents of Aldrin entered into a contract to sell with Neil over a
Manila Bay, 18 December 2008,the SC held that the cleaning parcel of land. The contract stipulated a P500,000.00
or rehabilitation of Manila Bay can be compelled by down payment upon signing and the balance payable in
mandamus. While the term issued by the RTC of Laguna is twelve (12) monthly installments of P100,000.00. Aldrin
a permanentwrit of mandamus, this should be considered paid the down payment and had paid three (3) monthly
only as a semantic error and what the RTC really intended to installments when he found out that Neil had sold the
issue is a writ of continuingmandamus. There is no such same property to Yuri for P1.5 million paid in cash. Aldrin
thing as a permanent writ of mandamus since the writ shall sued Neil for specific performance with damages with the
cease to be effective once the judgment is fully satisfied. RTC. Yuri, with leave of court, filed an answer-in-
intervention as he had already obtained a TCT in his name.
(b) The writ of continuing mandamus is a writ issued by a After the trial, the court rendered judgment ordering
court in an environmental case directing any agency or Aldrin to pay all the instalments due, the cancellation of
instrumentality of the government or officer thereof to Yuri's title, and Neil to execute a deed of sale in favor of
perform an act or series of acts decreed by final judgment Aldrin. When the judgment became final and executory,
which shall remain effective until judgment is fully satisfied. Aldrin paid Neil all the installments but the latter refused
to execute the deed of sale in favor of the former. Aldrin
The officers of "Ang Kapaligiran ay Alagaan, Inc." (AKAI) filed a "Petition for the Issuance of a Writ of Execution"
availed your services to file an action against ABC Mining with proper notice of hearing. The petition alleged, among
Corporation which is engaged in mining operations in Sta. others, that the decision had become final and executory
Cruz, Marinduque. ABC used highly toxic chemicals in and that he is entitled to the issuance of the writ of
extracting gold. ABC's toxic mine tailings were accidentally execution as a matter of right. Neil filed a motion to
released from its storage dams and were discharged into dismiss the petition on the ground that it lacked the
the rivers of said town. The mine tailings found their way required certification against forum shopping. Should the
to Calancan Bay and allegedly to the waters of nearby court grant Neil's Motion to Dismiss? (2015 BAR)
Romblon and Quezon. The damage to the crops and loss of
earnings were estimated at P1 Billion and the damage to No, the court should not grant Neil’s Motion to Dismiss. Under
the environment was estimated at P1 Billion. As lawyer for Section 5 of Rule 7, a certification against forum shopping is
the organization, you are requested to explain the required only for initiatory pleadings or petitions. Here, the
advantages derived from a petition for writ of kalikasan “Petition for the Issuance of a Writ of Execution,” although
4
UST LAW PRE-WEEK NOTES 2017
erroneously denominated as a petition, is actually a motion Defendant filed a motion for summary judgment on the
for issuance of a writ of execution under Rule 39. Hence, the ground that there are no triable genuine issues of facts. b.)
motion to dismiss on the ground of lack of certification Should the court grant defendant's motion for summary
against forum shopping should be denied. judgment? (2015 BAR)
For value received from plaintiff, defendant promises to pay (a) The Motion for Judgment on the Pleadings should be
plaintiff P1 million, twelve (12) months from the above denied. Under the Rules of Civil Procedure, a motion f or
indicated judgment on the pleadings may be filed only by the plaintiff
date without necessity of demand. or the claimant. Here, it was the defendants, not the plaintiff
Royal Bank, which filed a motion for judgment on the
Signed pleadings. Hence, the motion should be denied.
Defendant"
(b) A summary judgment is distinguished from a judgment on
A copy of the promissory note is attached as Annex "A."
the pleadings as follows:
Defendant, in his verified answer, alleged among others:
1) Defendant specifically denies the allegation in 1. A summary judgment is proper even if there is a remaining
paragraphs 1 and 2 of the complaint, the truth being issue as to the amount of damages, while a judgment on the
defendant did not execute any promissory note in favor of pleadings is proper if it appears that there is no genuine issue
plaintif; or, 2) Defendant has paid the P1 million claimed between the parties.
in the promissory note (Annex "A" of the Complaint) as 2. A summary judgment is based not only on the pleadings
evidenced by an "Acknowledgment Receipt" duly executed but also upon affidavits, depositions, and admissions showing
by plaintiff on January 30, 2015 in Manila with his spouse that, except as to the amount of damages, there is no genuine
signing as witness. A copy of the "Acknowledgment issue, while a judgment on the pleadings is based exclusively
Receipt" is attached as Annex "1" hereof. The plaintiff filed upon the pleadings without the presentation of any evidence.
a motion for judgment on the pleadings on the ground that 3. A motion for summary judgment requires 10-day
the defendant's answer failed to tender an issue as the notice (Sec. 3, Rule 35),while a motion for judgment on the
allegations on his defenses are sham for being pleadings is subject to a 3-day notice rule (Sec. 4, Rule 15).
inconsistent; hence, no defense at all. Defendant filed an 4. A summary judgment may be prayed for by a defending
opposition claiming his answer tendered an issue. a.) Is party (Sec. 2, Rule 35),while a judgment on the pleadings may
judgment on the pleadings proper? be prayed for only by a plaintiff or claimant.
5
REMEDIAL LAW
GENERAL PRINCIPLES
XPNs:
1. The statute itself expressly or by necessary implication
provides that pending actions are excepted from its
operation;
2. If it would impair vested rights;
3. Under appropriate circumstances, courts may deny the
retroactive application of procedural laws in the event that to
do so would not be feasible or would work injustice;
4. If to do so would involve intricate problems of due process or
impair the independence of the courts (Tan Jr. v. CA, G.R. No.
136368, January 16, 2002).
Enacted by Congress The SC is expressly empowered to promulgate procedural rules.
Courts of Law vs. Courts of Equity The principle provides that lower courts shall initially decide
a case before it is considered by a higher court. A higher court
Courts of Law Courts of Equity will not entertain direct resort to it unless the redress desired
Any tribunal duly Any tribunal administering cannot be obtained in the appropriate courts (Santiago v.
administering the laws of the justice outside the law, being Vasquez, G.R. Nos. 99289-90, January 27, 1993).
land ethical rather than jural and
belonging to the sphere of JURISDICTION
morals rather than of law. It
is grounded on the precepts Does the filing of pleadings seeking affirmative reliefs
of conscience and not on any constitute voluntary appearance?
sanction of positive law, for
equity finds no room for YES. Seeking affirmative relief constitutes voluntary
application where there is appearance, and the consequent submission of one’s person
law (Herrera, 2007). to the jurisdiction of the court. However,pleadings whose
Decides a case according to Adjudicates a controversy prayer is precisely for the avoidance of the jurisdiction of the
the promulgated law according to the common court only leads to a special appearance. These pleadings are:
precepts of what is right and
just without inquiring into 1. In civil cases
, motions to dismiss on the ground of lack of
the terms of the statutes jurisdiction over the person of the defendant, whether or
not other grounds for dismissal are included;
6
UST LAW PRE-WEEK NOTES 2017
2. In criminal cases
, motions to quash a complaint on the
ground of lack of jurisdiction over the person of the 1. Estoppel by laches. SC barred a belated objection to
accused; and, jurisdiction that was raised only after an adverse
3. Motion to quash a warrant of arrest. decision was rendered by the court against the party
raising the issue of jurisdiction and after seeking
The first two are consequences of the fact that failure to file affirmative relief from the court and after participating
them would constitute a waiver of the defense of lack of in all stages of the proceedings (Tijam v. Sibonghanoy,
jurisdiction over the person. The third is a consequence of the G.R. No. L-21450, April 15, 1968).
fact that it is the very legality of the court process forcing the 2. Public policy. One cannot question the jurisdiction which
submission of the person of the accused that is the very issue. he invoked, not because the decision is valid and
(Miranda v. Tuliao, G.R. No. 158763, March 31, 2006 ). conclusive as an adjudication, but because it cannot be
tolerated by reason of public policy (Filipinas Shell
Can jurisdiction over subject matter be waived? Petroleum Corp. v. Dumlao, G.R. No. L-44888, February 7,
1992).
No, it cannot be waived (Sec. 1, Rule 9),except in exceptional 3. A party who invokes the jurisdiction of the court to
cases
(Tijamwhen the other party
v. Sibonghanoy, G.R. is
No.barred by estoppel
L-21450, April 15,by laches
1968). secure affirmative
repudiate relief
or question theagainst his opponents
same after failing to cannot
obtain
such relief (Tajonera v. Lamaroza, G.R. Nos. L-48907 &
In jurisdiction over the subject matter, is tenancy 49035, January 19, 1982).
relationship presumed?
Under the Omnibus Motion Rule, a motion attacking a
Tenancy relationship is not presumed and it is not enough pleading like a motion to dismiss shall include all grounds
that it is alleged. There must be evidence to prove that it then available and all objections not so included shall be
exists and that all its elements are established (Salmorin v. deemed waived (Sec. 8, Rule 15). Even in the absence of lack
Zaldivar, G.R. No. 169691, July 23, 2008). of jurisdiction raised in a motion to dismiss, a party may,
when he files an answer, still raise the lack of jurisdiction as
When does an error of judgment not render a judgment an affirmative defense because such defense is not barred
void or at least, voidable? under the Omnibus Motion Rule.
When the party raising the issue is barred by estoppel. (BPI Effect of estoppel on objections to jurisdiction
vs. ALS Management & Development Corporation, G.R. No.
151821, April 14, 2004) The Doctrine inTijam v. Sibonghanoy on estoppel by
laches is NOT the general rule . The ruling in Tijam that a
Doctrine of Primary Jurisdiction party is estopped from questioning the jurisdiction applies
only to exceptional circumstances. What is still controlling is
Courts will not resolve a controversy involving a question that jurisdiction over the subject matter of the action is a
which is within
especially wherethe
thejurisdiction of an administrative
question demands tribunal,
the exercise of sound matter of law
agreement andparties
of the may not be conferred
(Calimlim by consent
v. Ramirez, or L-
G.R. No.
administrative discretion requiring the special knowledge 34362, November 19, 1982).
and experience of said tribunal in determining technical and
intricate matters of fact (Villaflor v. CA, G.R. No. 95694, October How is jurisdiction over the res acquired?
9, 1997).
It is acquired either by:
Doctrine of Ancillary Jurisdiction
1. The seizure of the property under legal process;
It involves the inherent or implied powers of the court to 2. As a result of the institution of legal proceedings, in
determine issues incidental to the exercise of its primary which the power of the court is recognized and made
jurisdiction. effective (Banco Español Filipino v. Palanca, 37 Phil. 291);
3. The court by placing the property of thing under
NOTE:Under its ancillary jurisdiction, a court may determine its custody (custodia legis) . Example: attachment of
all questions relative to the matters brought before it, property; and,
regulate the manner in which a trial shall be conducted, 4. The court through statutory authority conferring upon it
determine the hours at which the witnesses and lawyers may the power to deal with the property or thing within the
be heard, and grant an injunction, attachment or court’s territorial jurisdiction. Example: Suits involving
garnishment. the status of the parties or suits involving the property in
the Philippines of non-resident defendants (Riano, 2011).
Doctrine of Adherence of Jurisdiction or Continuity of
7
REMEDIAL LAW
It is one in which a party sues another for the enforcement or The practice of splitting a cause of action is discouraged
protection of a right or the prevention or redress of a wrong because it breeds multiplicity of suits, clogs the court dockets,
(Sec. 3(a), Rule 1)
. It is governed by ordinary rules (Bouvier’s leads to vexatious litigation, operates as an instrument of
Law Dictionary, th8 ed.; Words and Phrases, Vol. 2). harassment, and generates unnecessary expenses to the
parties. It applies not only to complaints but also to
Special civil action counterclaims and cross-claims (Riano, 2014).(1999, 2005
Bar)
It is one in which a party sues another for the enforcement or
protection of a right or the prevention or redress of a wrong Effect of splitting a cause of action
wherein it has special features not found in ordinary civil
actions. It is governed by ordinary rules but subject to The filing of one or a judgment upon the merits in any one is
specific rules prescribed under Rules 62-71. (Riano, 2011). available as a ground for the dismissal of the others (Sec. 4,
Rule 2).
Criminal action
Remedy against splitting of cause of action
It is one by which the state prosecutes a person for an act or
omission punishable by law (Sec. 3(b), Rule 1). File a motion to dismiss, on the ground of litis pendentiaor on
8
UST LAW PRE-WEEK NOTES 2017
4. Where claims in all causes of action are principally for of judicial power (Marcelino Florete, Jr., et al. vs. Rogelio
recovery of money, the aggregate amount claimed shall Florete, et al, G.R. No. 174909, January 20, 2016).
be the test for jurisdiction (Sec. 5, Rule 2).
Effect of non-joinder of a necessary party
Is joinder of causes of action compulsory?
1. The court may order the inclusion of the omitted
A joinder of causes of action is only permissive, not necessary party if jurisdiction over his person may be
compulsory; hence, a party may desire to file a single suit for obtained;
each of his claims (Riano, 2014). 2. The failure to comply with the order for his inclusion,
without justifiable cause, shall be deemed a waiver of the
Misjoinder of causes of action claim against such party;
3. The non-inclusion of a necessary party does not prevent
There is a misjoinder when two or more causes of action the court from proceeding in the action, and the
were joined in one complaint when they should not be so judgment rendered therein shall be without prejudice to
joined. This is not a ground for dismissal of an action. A the rights of such necessary party.
misjoined
initiative cause
of theof action
court, may, on motion
be severed of aproceeded
and party, or onwith
the Is the non-joinder of an indispensable or a necessary party
separately (Sec. 6, Rule 2). a ground for the dismissal of the action?
No, it is not ipso factoa ground for the dismissal of the action.
The court should order the joinder of such party and non-
PARTIES TO CIVIL ACTIONS compliance with the said order would be a ground for the
dismissal of the action (Feria & Noche, 2013).
Real party-in-interest
Requisites of a class suit
To be a real party-in-interest, the interest must be ‘real,’
which is a present substantial interest as distinguished from a 1. Subject matter of the controversy is one of common or
mere expectancy or a future, contingent subordinate or general interest to many persons;
consequential interest (Rayo v. Metrobank, G.R. No. 165142, 2. Parties affected are so numerous that it is impracticable
December 10, 2007).It is an interest that is material and to bring them all before the court;
direct, as distinguished from a mere incidental interest in the 3. Parties bringing the class suit are sufficiently numerous
question (Samaniego v. Aguila, G.R. No. 125567, June 27, 2000). or representative of the class and can fully protect the
interests of all concerned;
Do resident marine mammals have the legal standing to 4. Representatives sue or defend for the benefit of all (Sec.
sue? 12, Rule 3; Sulo ng Bayan v. Araneta, G.R. No. L-31061,
August 17, 1976; Oposa v. Factoran, G.R. No. 10 1083, July
The need to
has been give the resident
eliminated marinewhich
by our Rules, mammals
allowlegal
any standing
Filipino 30, 1993)(2005 Bar)
citizen, as steward of nature, to bring a suit to enforce Remedy if the class suit is not proper
environmental laws. It is worth noting here that the stewards
are joined as real parties in the petition and not just in The remedy of the parties is either to bring suit individually
representation of the named cetacean species. The stewards or join them all as parties under the rule on permissive
Ramos and Eisma-Osorio, having shown in their petition that joinder of parties.
there may be possible violations of laws concerning the
habitat of the resident marine mammals, are therefore Effect of the death of a party upon a pending action
declared to possess the legal standing to file this petition
(Resident Marine Mammals of the Protected Seascape Tanon 1. Purely personal action – the death of either of the parties
Strait v. Secretary Angelo Reyes, G.R. No. 180771, April 21, extinguishes the claim and the action is dismissed.
2015). 2. Action that is not purely personal – claim is not
extinguished and the party should be substituted by his
Compulsory joinder of parties heirs, executor or administrator. In case of minor heirs,
the court may appoint a guardian ad litemfor them.
The joinder of parties becomes compulsory when the one 3. Action for recovery of money arising from contract and the
involved is an indispensable party. Clearly, the rule directs a defendant dies before entry of final judgment – it shall not
compulsory joinder of indispensable parties (Riano, 2014). be dismissed but shall instead be allowed to continue
(2009 Bar) until entry of judgment. A favorable judgment obtained
by the plaintiff shall be enforced in the manner provided
Requisites for permissive joinder of parties? in the rules for prosecuting claims against the estate of a
deceased person (Sec. 20, Rule 3).(1999 Bar)
1. Right to relief arises out of the same transaction or series
of transactions (connected with the same subject matter Is there a need to summon the substitute defendant?
of the suit);
2. There is a question of law or fact common to all the No, he need not be summoned. The order of substitution shall
plaintiffs or defendants (2002 Bar) . be served upon the parties substituted for the court to
acquire jurisdiction over the substitute party (Riano, 2014).If
Is there a valid judgment if indispensable parties are not there is notice of death, the court should await the
joined? appointment of legal representative; otherwise, subsequent
proceedings are void. However,formal substitution of the
No valid judgment if they are not joined. The absence of an heirs in place of the deceased is no longer necessary if the
indispensable party renders all subsequent actions of the heirs continued to appear and participated in the proceedings
court null and void for want of authority to act, not only as to of the case (Cardenas vs. Heirs of the Late Spouses Aguilar, G.R.
the absent parties but even as to those present (Riano, 2014). No. 191079, March 2, 2016).
The joinder of all indispensable parties under any and all ---
conditions, their presence being a sine qua non of the exercise
9
REMEDIAL LAW
Under OCA Circular No. 42-2005 and Rule 141 of the Rules the mortgagors filed a motion for reconsideration wherein
of Court, indigent litigants are exempted from the payment they reiterated the previous grounds and added the
of legal fees. Because of the aforementioned rule, Good ground of improper venue, contending that the action for
Shepherd Foundation avails of said exemption on the deficiency was a real action which should have been filed
ground that it is an association who works with and for in Manila. Said motion for reconsideration was denied. The
the indigents since 1985. Can the Court grant to the mortgagors went up to the Court of Appeals (CA) via
Foundation who works for indigent and underprivileged petition for certiorari. The CA granted the same and
people the same option granted to indigent people? ordered the dismissal of the action on the ground of
improper venue as the case is a real action that should
NO. The clear intent and precise language of the Sec. 21, Rule have been filed in Manila. Was the CA’s decision correct?
3, Rules of Court, and Sec. 19, Rule 141, Rules of Court
indicate that only a natural party litigant may be regarded as NO. First, an action for recovery of deficiency after
an indigent litigant. The Good Shepherd Foundation, Inc., extrajudicial foreclos ure of a real estate mortgage is a
being a corporation vested by the State with a juridical personal action since it does not affect the title to or
personality separate and distinct from that of its members, is possession of real property or any interest therein. Hence, the
a juridical
and possessperson. Among
property of allothers,
kinds it
ashas
wellthe
aspower to acquire
incur obligations action
has its was
mainproperly brought
office. Second, in Makati
assuming where the
arguendo thatmortgagee
there was
and bring civil or criminal actions, in conformity with the improper venue, the ground was waived by the mortgagors
laws and regulations of their organization. As a juridical since they did not timely raise it in their motion to dismiss.
person, therefore, it cannot be accorded the exemption from Here, the ground for improper venue was raised belatedly in
legal and filing fees granted to indigent litigants. (Re: Query of the motion for reconsideration, not in the motion to dismiss.
Mr. Roger C. Prioreschi Re Exemption from Legal and Filing Hence, the objection is waived in pursuant to Section, 1, Rule
Fees of the Good Shepherd Foundation, Inc., AM. No. 09-6-9-SC, 9 (BPI Family Bank v. Yujuico, July 22, 2015, Bersamin J.)
August 19, 2009, Bersamin, J.)
---
VENUE
PLEADINGS
If the non-resident defendant does not reside but is found
in the Philippines, where is the venue of the action filed Plaintiff sued defendant corporation for non- payment of
against him? hospital equipment delivered to it. The allegations in the
complaint stated that the defendant’s total obligation as of
1. Personal actions– the venue is where the plaintiff or any February 15, 2009 was P123,901,650 but was reduced to
of the principal plaintiffs resides, or where the non- P54,654,195.54 as it already paid 67,357,683.23 to the
resident defendant may be found, at the election of the plaintiff. The defendant, in its answer, denied said
plaintiff. (Riano, 2014, citing Sec. 2, Rule 4, Rules of Court). allegations for lack of knowledge or information sufficient
2. Real actions– shall be commenced and tried in the proper to form a belief as to the truth or falsity thereof, inasmuch
as limiting venue
enforceable, venue.stipulations
While theyin are considered
a contract do not,valid and
as a rule, plaintiff’s
averments claim and thus, (Fernando
of the complaint. did not negate the
Medical material v.
Enterprises
supersede the general rule set forth in Rule 4 in the absence Wesleyan University Philippines, 20 January 2016, Bersamin J.)
of qualifying or restrictive words. If the language is
restrictive, the suit may be filed only in the place agreed upon ---
by the parties (Spouses Lantin v. Lantion, G.R. No. 160053,
August 28, 2006). Compulsory Counterclaim vs. Permissive Counterclaim
10
UST LAW PRE-WEEK NOTES 2017
Need not be answered; No It must be answered, on the ground of res judicata. In the Manila case, the
default otherwise, the party may be petitioners filed a compulsory counterclaim asserting that the
declared in default extrajudicial foreclosure of mortgage had been devoid of
Not an initiatory pleading. Initiatory pleading. basis in fact and in law; and that the foreclosure and the filing
The court has jurisdiction Must be within the of action had been made in bad faith, and in wanton violation
to entertain both as to the jurisdiction of the court of his rights. His pleading thereby showed that the cause of
amount and nature (Sec. 7, where the case is pending action he later pleaded in the Makati case, (ie., annulment of
Rule 6; Ibid.). and cognizable by regular foreclosure sale) was identical to the compulsory
courts of justice, otherwise, counterclaim he had set up in the RTC of Manila (Mendiola v.
defendant will have to file Court of Appeals, July 18, 2012, Bersamin J.)
it in separate proceeding
which requires payment of ---
docket fee.
Third-party complaint vs. Rules on bringing in new parties
Test in determining whether a counterclaim is compulsory
Third-party complaint Rules parties
on bringing in new
1. Issues of fact and law - Are the issues of fact and law
raised by the claim and by the counterclaim largely the It is proper when not one If one or more of the
same? of the third-party defendants in a
2. Res judicata - Would res judicata bar a subsequent suit defendants therein is a counterclaim or cross-
on defendants’ claims, absent the compulsory party to the main action claim is already a party to
counterclaim rule? (Riano, 2011). the action, then the other
3. Evidence - Will substantially the same evidence support necessary parties may be
or refute plaintiffs’ claim as well as the defendants’ brought in under the rules
counterclaim? and on bringing in new
4. Logical relation - Is there any logical relation between parties.
the claim and the counterclaim?
When should a third party complaint be admitted?
A positive answer to all four questions would indicate that
the counterclaim is compulsory. (Alba, Jr. vs. Malapajo, et al, The soundness of admitting a third-party complaint hinges
G.R. No. 198752, January 13, 2016) on causal connection between the claim of the plaintiff in
his complaint and a claim for contribution, indemnity or
Effects of the dismissal of the complaint other relief of the defendant against the third- party
defendant. (Paramount Life and General Insurance Corp vs.
1. If no motion to dismiss has been filed
, any of the grounds Castro, et al., G.R. No. 195728, April 19, 2016)
for dismissal under Rule 16 may be pleaded as an
affirmative defense in the answer, and in the discretion ---
of the court, a preliminary hearing may be had thereon
as if a motion to dismiss has been filed (Sec. 6, Rule 16). Paras was a passenger of a bus operated by Inland. The
After hearing, when the complaint is dismissed, the Inland bus was bumped by Philtranco bus negligently
counterclaim, whether compulsory or permissive, is not driven by its employee. Paras suffered injuries and
dismissed. incurred substantial hospitalization and medical
2. When the plaintiff himself files a motion to dismiss his expenses. As a result, Paras filed with the RTC a complaint
complaint after the defendant has pleaded his answer with against Inland based on contract of carriage. Inland, with
a counterclaim. If the court grants the motion, the leave of court, filed a third-party complaint against
dismissal shall be limited to the complaint. It shall be Philtranco based on quasi-delict. The RTC rendered a
without prejudice to the right of the defendant to judgment absolving Inland from the liability and finding
prosecute his counterclaim in a separate action unless that the collision was due to the negligence of the
within 15 days from notice of the motion, manifests his Philtranco driver and ordering Philtranco to pay damages
preference to have his counterclaim resolved in the same to Paras. On appeal, Philtranco challenged the decision
action (Sec. 2, Rule 17). contending that it cannot be held liable directly to Paras
3. When the complaint is dismissed through the fault of the since Paras' suit is against Inland and is based on culpa
plaintiff and at a time when a counterclaim has already contractual while Inland’s the third party complaint
been set up, the dismissal is without prejudice to the against it is based on quasi-delict. Moreover, Philtranco
right of the defendant to prosecute his counterclaim in argues that since it was merely subrogated to Inland,
the same or separate action (Sec. 3, Rule 17; Riano, 2014)
. there should first be a finding of Inland's liability to Paras
before Philtranco can be held liable. Is Philtranco's
11
REMEDIAL LAW
entire subject matter in a single litigation. (Philtranco Service If denied -Petition for certiorari
Enterprises v. Paras, April 25, 2012, Bersamin, J.) under Rule 65
Such p arty has no standing to appeal the court’s decision. A After judgment before 1. New Trial (Rule 37)
prospective intervenor’s right to appeal applies only to the judgment becomes 2. Appeal (Rule 40 or 41)
denial of his intervention. Not being a party to the case, a final and executory Grounds:
person whose intervention the court denied has no standing
1. Failure of the plaintiff to
to question the decision of the court, but only the trial court's
prove the material allegations
orders denying his intervention, not the decision itself.
(Republic vs. Heirs of Diego Lim, et al., G.R. No. 195611, April of the complaint;
18, 2016).
2. Decision is contrary to law;
Forum Shopping 3. The amount of judgment is
excessive or different in kind
It is an act of a party against whom an adverse judgment has
from that prayed for (Otero v.
been rendered in one forum of seeking and possibly getting a
Tan, G.R. No. 200134, August 15,
favorable opinion in another forum, other than by appeal or
the special civil action of certiorari (Sps. Carpio v. Rural Bank 2012).
of Sto. Tomas Batangas, G.R. No. 153171, May 4, 2006). (2006
After judgment has 1. Petition for Relief from
Bar)
become final and judgment (Rule 38).
executory 2. Annulment of Judgment ( Rule
Elements:
47)
1. Identity of the parties or, at least, of the parties who
Defendant has been He may avail of the special civil
represent the same interest in both actions;
2. Identity of the rights asserted and relief prayed for, as wrongly or action of certiorariunder Rule 65.
the latter is founded on the same set of facts; and improvidently
3. Identity of the two preceding particulars such that any declared in default
judgment rendered in the other action will amount to res
judicata in the action under consideration or will
constitute litis pendentia. (Commissioner of Customs, et
al. vs. PSCP, et al., G.R. No. 205002, April 20, 2016)
After notice of order Motion under oath to set aside the 2. Amendment may also be made to authorize presentation
and before judgment order of default on the grounds of of evidence if evidence is objected to at the trial on the
FAME and he has meritorious ground that it is not within the issues made by the
defense pleadings, if the presentation of the merits of the action
and the ends of substantial justice will be subserved
thereby (Sec. 5, Rule 10)
.
12
UST LAW PRE-WEEK NOTES 2017
served copies of the petition by registered mail. Did the Voluntary appearance
summons. (Guy cures
vs. Atty. the G.R.
Gacott, defectNo.
in 206147,
the service of 13,
Jnuary
petitioner comply with the rule on proof of service?
2016)
NO. The petition for certiorari only carried the affidavit of
service executed by one Pascua, Jr., who declared that he had Personal service of summons proper
served copies of the petition by registered mail with
registered receipts attached. The petition only bore, however, It is proper only if the suit is one strictly in personam.
the cut print-outs of what appeared to be the registry receipt
numbers of the registered matters, not the registry receipts Requisites of extra-territorial service of summons (2009
themselves. Section 13, Rule 13 of the Rules of Court requires Bar)
to be appended the registry receipts, not their reproductions.
Hence, the cut print-outs did not substantially comply with 1. The defendant is a non-resident;
the rule. (Fortune Life Insurance Company, Inc. vs. Commission 2. He is not found in the Philippines; and,
on Audit (COA) Proper, GR No. 213525, January 27, 2015, 3. The action against him is either in remor quasi in rem.
Bersamin, J.)
If the action is in personam, this mode of service will not be
SUMMONS available. There is no extraterritorial service of summons in
an action in personam. Hence, extraterritorial service upon a
What is considered a reasonable time? non-resident in an action for injunction which is in personam
is not proper (Kawasaki Port Service Corp. vs. Amores, G.R. No.
To the plaintiff, reasonable time means no more than seven 58340, July 16, 1991); (Banco Do Brasil vs. CA, G.R. No. 121576-
(7) days since an expeditious processing of a complaint is 78, June 16, 2000).
what a plaintiff wants. To the sheriff, reasonable time means
15 to 30 days because at the end of the month, it is a practice How is summons served upon prisoners and minors?
for the branch clerk of court to require the sheriff to submit a
return of the summons assigned to the sheriff for service. The Service shall be effected upon him by the officer having the
Sheriffs Return provides data to the Clerk of Court, which the management of such jail or institution who is deemed
clerk uses in the Monthly Report of Cases to be submitted to deputized as a special sheriff for said purpose (Sec. 9, Rule
the Office of the Court Administrator within the first ten (10) 14).
days of the succeeding month. Thus, one month from the
issuance of summons can be considered reasonable time with Service shall be made upon him personally and on his legal
regard to personal service on the defendant. guardian if he has one, or if none, upon his guardian ad litem
whose appointment shall be applied for by the plaintiff. In the
Alias Summons case of a minor, service may also be made on his father or
mother (Sec. 10, Rule 14).
Summons issued by the court when the srcinal summons
cannot be served or when wrongfully served. ---
Purposes of summons
13
REMEDIAL LAW
Co filed a libel case against Abante Tonite including its It is made to the court in behalf of one or the other of the
editors and reporters. The sheriff went to the office of parties to the action, in the absence and usually without
Abante Tonite in the morning but was informed by the knowledge of the other party or parties. (Riano, 2014).
secretary that the editors were always out and
unavailable and that the reporters were always roving NOTE: They are usually permissible in procedural matters
outside and gathering news. Consequently, the sheriff went and also in situations and under circumstances of emergency;
to said office in the afternoon but was again informed by and an exception to a rule requiring notice is sometimes
the secretary with the same reason. Because of said made where notice of the resulting delay might tend to defeat
instance, he left a copy of the summons and complaint with the objective of the motion (Sarmiento v. Zaratan, G.R No.
the secretary. Was there a valid substituted service of 167471, February 5, 2007) . An example is a motion to set the
summons? case for a pre-trial.
YES. If, for justifiable reasons, the defendant cannot be served Pro-forma motion
in person within a reasonable time, substituted service of
summons may be effected. Given the circumstance that the It is that which does not comply with the rules on motion and
defendants werecould
personal service always outmade
not be of office,
within it was clear time.
a reasonable that is considered
(Marikina as one filed merely
Development Corp., to
v. delay
Flojo,theG.R.
proceedings
No. 110801,
Substituted service was, thus, justified. (Macasaet v. Co, June December 8, 1995).Such motion, if filed, is not entitled to
5, 2013, Bersamin J.) judicial cognizance, and does not stop the running of the
period for filing the requisite pleading (Cruz v. CA, G.R. No.
MOTION 123340, August 29, 2002).
It is a and
parties motion which
is one madeaffects the substantial
with notice rightsparty
to the adverse of the
to RuleDismiss)
16 (Motion to Rule 33 Demurrer
Evidence (in Civil Cases)
to
give an opportunity to oppose before a ruling on the motion Grounded on Based on insufficiency of
is made by the court. A hearing is required (Sec. 4, Rule 15). preliminary objections evidence
Examples are motion to dismiss; a motion for judgment on May be filed by any May be filed only by the
the pleadings and a summary judgment. defending party against defendant against the
whom a claim is complaint of the plaintiff
Ex-parte motion asserted in the action
Should be filed within May be filed only after the
It is one which does not require that the parties be heard and the time for but prior to plaintiff has completed
which the court may act upon without prejudging the rights the filing of the answer the presentation of his
of the other party. This kind of motion is not covered by the of the defending party evidence (Riano, 2014).
hearing requirement of the Rules (Riano, 2014, citing Sec. 4, to the pleading
Rule 15; Republic v. Diaz-Enriquez, G.R. No. 181458, March 20, asserting the claim
2013).
14
UST LAW PRE-WEEK NOTES 2017
If denied, defendant If denied, defendant may trial is subject to the sound discretion of a judge. Unless and
answers, or else he may present evidence. until a clear and manifest abuse of discretion is committed by
be declared in default. the judge, his appreciation of a party’s reasons for his
Denial is not appealable nonappearance will not be disturbed (Clodualda D. Daaco V.
If granted,plaintiff may because the order is Valeriana Rosaldo YuG.R. No. 183398 June 22, 2015).
appeal or if subsequent interlocutory (Riano,
case is not barred, he 2014). Effect of failure to file a pre-trial brief
may re-file the case. It
depends on the ground If granted, but on appeal It shall have the same effect as failure to appear at the pre-
if it is with or without the order of dismissal is trial (A.M. No. 03-1-09-SC, July 13, 2004). Hence, if it is the
prejudice (Rule 41, Sec reversed, the defendant plaintiff who fails to file a pre-trial brief, such failure shall be
1). loses his right to present a cause for dismissal of the action. If it is the defendant who
evidence (Riano, 2014). fails to do so, such failure shall be a cause to allow the
plaintiff to present his evidence ex parte.
DISMISSAL OF ACTIONS
The defendant may move for the reconsideration of the order The motion to intervene may be filed any time before
and if the denial is tainted with grave abuse of discretion, he rendition of judgment by the trial court. A copy of the
may file a petition for certiorari under Rule 65 (Riano, 2014). pleading-in-intervention shall be attached to the motion and
served on the srcinal parties (Sec. 2, Rule 19).
In certain instances, however, the non-appearance of a party
may be excused if a valid cause is shown. What constitutes a Is intervention an independent proceeding? (2000 Bar)
valid ground to excuse litigants and their counsels at the pre-
15
REMEDIAL LAW
Deposition Pending By leave of court after jurisdiction has been obtained over any defendant or over property which is
Action the subject of the action, or without such leave after an answer has been served, the testimony of any
(Rule 23)/ Deposition person, whether a party or not, may be taken, at the instance of any party, by deposition upon oral
de benne esse examination or writteninterrogatories. (2010 Bar)
Depositions before Aperson who desires to perpetuate his own testimony or that of another person regarding any matter
action or pending that may be cognizable in any court of the Philippines, may file a verified petition in the court of the
appeal place of the residence of any expected adverse party. If the court finds that the perpetuation of the
(Rule 24)/Deposition in testimony is proper to avoid a failure or delay of justice, it may make an order allowing the
perpetuam rei depositions to be taken (Sec. 7, Rule 24).
memoriam
Written Under the same conditions specified in Sec. 1, Rule 23, any party desiring to elicit material and relevant
interrogatories to facts from any adverse parties shall file and serve upon the latter written interrogatories to be
adverse parties answered by the party served or, if the party served is a public or private corporation or a partnership
(Rule 25) or association, by any officer thereof competent to testify in its behalf.
16
UST LAW PRE-WEEK NOTES 2017
Admission by adverse At any time after issues have been joined, a party may file and serve upon any other party a written
party request for the admission by the latter of the genuineness of any material and relevant document or of
(Rule 26) the truth of any material and relevant matter of fact.
NOTES:
There is an implied admission unless, within a period designated in the request, which shall not be
less than 15 days after service thereof, or within such further time as the court may allow on motion,
the party to whom the request is directed has not files and serves upon the party requesting the
admission a sworn statement either denying specifically the matters of which an admission is
requested or setting forth in detail the reasons why he cannot truthfully either admit or deny those
The court may allow the party making the admission to withdraw or amend the admission upon such
terms as may be just (Sec. 4, Rule 26).
Any admission made by a party pursuant to such request is for the purpose of the pending action only
and shall not constitute an admission by him for any other purpose nor may the same be used against
him in any other proceeding (Sec. 3, Rule 26)
.
Production or Upon motion of any party showing good cause therefor, the court in which an action is pending may
inspection of order any party to produce and permit the inspection and copying of any designated documents or
documents or things order any party to permit entry upon designated land or other property in his possession or control
(Rule 27) for the purpose of inspecting or photographing the property or any designated relevant object or
operation thereon. (2002, 2009 Bar) .
Physical and mental In an action in which the mental or physical condition of a party is in controversy, the court in which
examination of the action is pending may in its discretion order him to submit to a physical or mental examination by
persons. a physician.(2005 Bar)
(Rule 28)
17
REMEDIAL LAW
YES, they are cumulative. They are neither alternative nor Production or Inspection of Documents or Things vs.
mutually exclusive. Subpoena Duces Tecum
Effect of substitution of parties? Limited to the parties to the It may be directed to any
action. person whether a party or
It does not affect the right to use depositions previously not.
taken; and when an action has been dismissed and another
Issued only upon motion Issued upon an ex parte
action
betweeninvolving
the samethe parties
same subject
or theiris representatives
afterward broughtor with notice to the adverse application.
party.
successors-in-interest, all depositions lawfully taken and duly
filed in the former action may be used in the latter as if
In production or inspections of documents or things, can
srcinally taken therefor (Sec. 5, Rule 23).
the articles be distrained? Can the person who produced
the same be deprived of its possession?
How are objections to evidence treated under this rule?
This mode of discovery does not authorize the opposing party
A deposition officer has no authority to rule on the objection.
or the clerk of court or other functionaries of the court to
Evidence objected to shall be taken subject to the objection,
distrain the articles or deprive the person who produced the
which will be ruled upon by the court when the deposition is
same of their possession, even temporarily (Tanda v. Aldaya,
offered in evidence (Feria & Noche, 2013).
G.R. No. L-13423, November 23, 1959).
Purpose of interrogatories to parties
Limitations on the request for production or inspection of
documents or things
The framers of the new court rules intended that the rules
should provide ample facilities for discovery of facts before
1. Should not be privileged;
trial so that surprise at the trial and possible miscarriage of
2. Should constitute or contain evidence material to any
justice might be avoided. A purpose of this rule was to obtain
matter involved in the action and which are in his (the
admissions and thus limit subjects of controversy at trial and
party ordered) possession, custody, or control (Sec. 1,
avoid unnecessary testimony and waste of time in
Rule 27);
preparation (Feria & Noche, 2013)
. 3. In the petition, the papers and documents to be
produced must be sufficiently described.
Can the answers in the interrogatories be treated as
judicial admissions?
---
YES, the answers may now be used as judicial admissions of
Petitioners filed a complaint against respondents Abra
the adverse party (Ibid.).
Valley Colleges, Inc. (Abra Valley) and its offi cers for
inspection of corporate books and records. Respondents
Depositions Upon Written Interrogatories to Parties (Sec.
filed an answer raising the affirmative defense that
25, Rule 23) vs. Interrogatories to Parties (Rule 25)
petitioners are not stockholders-of-record of Abra Valley.
Petitioners filed a motion for production/inspection of
Depositions Upon Interrogatories documents to compel the respondents to produce the
Written to Parties(Rule stock-and-transfer book (STB), but the RTC denied the
Interrogatories to 25)
same on the ground that STB may be examined only by a
Parties(Sec. 25, Rule stockholder-of-record. Was the denial proper?
23)
Deponent Party or ordinary Party only NO, the rules of discovery, including Section 2, Rule 27, are to
witness be accorded with broad and liberal interpretation. The RTC
Procedure With intervention of No intervention should have favorably acted on the petitioner’s motion for
the officer authorized production/inspection of documents in order to enable the
by the court to take Served directly petitioners to obtain the fullest possible knowledge of the
deposition upon the adverse
party (Sec. 1, Rule issues and facts to be determined in the case and thereby
prevent the trial from being carried on in the dark. Doing so
Not served upon the 25). would not have caused any prejudice to the respondents,
adverse party directly after all, even the petitioners had not filed the motion for
They are instead production/inspection of documents, the respondents would
delivered to the officer themselves also be expected to produce the STB in court in
before whom the order to substantiate their af firmative defense that the
deposition is to be petitioners were not stockholders-of-record. Verily, the fact
taken (Sec. 26, Rule 23). that there was no entry or record in the STB showing that the
Scope Direct, cross, redirect, Only one set of petitioners be stockholders of Abra Valley is not a valid
re-cross examination interrogatories justification for the respondents not to produce the same.
Interrogato- No fixed time 15 days to answer Otherwise, the disputable presumption under Section 3(e)
ries unless extended Rule 131 that “evidence willfully suppressed would be
or reduced by the adverse if produced” could arise against them. (Insigne v.
court Abra Valley Colleges, Inc., 29 July 2015, Bersamin J.)
Binding Binding to anyone who Binding only to
Effect is present during the the parties.
deposition.
18
UST LAW PRE-WEEK NOTES 2017
19
REMEDIAL LAW
rentals. (Wilmon Auto Supply Corp. v. CA, G.R. No. 97637, April
10, 1992) Civil Case Criminal Case
How filed After the plaintiff The court may
--- has completed the dismiss the action on
presentation of his the ground of
Delegation to Clerk of Court vs. Trial by Commissioner evidence, the insufficiency of
defendant may move evidence (1) on its
Delegation to Clerk of Trial by Commissioner for dismissal on the own initiative after
Court ground that upon the giving the
Delegation is made during Commissioner can be facts and the law the prosecution the
trial. appointed even after the case plaintiff has shown opportunity to be
has become final and no right to relief (Sec. heard or (2) upon
executory. 1, Rule 33). demurrer to evidence
filed by the accused
Clerk of court must be a Commissioner need not be a with or without leave
20
UST LAW PRE-WEEK NOTES 2017
f. the other party will not be unjustly prejudiced thereby decision on the whole controversy. It leaves something to be
(Pinewood Marine Inc. v. EMCO Plywood Corporation, G.R. done by the court before the case is finally decided on the
No. 179789, June 17, 2015). merits.
3. Where
amicablethesettlement
parties have entered
either intothe
during a compromise
pre-trial or or an
while 3. or acknowledges
Judgment the validitytoof the
on demurrer claim against
evidence (Rule him;
33)
– A
the trial is in progress (Rule 18; Art. 2028, NCC); judgment rendered by the court dismissing a case upon
4. Where the parties agree in writing, upon the facts motion of the defendant, made after plaintiff has rested
involved in the litigation, and submit the case for his case, on the ground that upon the facts presented by
judgment on the facts agreed upon, without the the plaintiff and the law on the matter, plaintiff has not
introduction of evidence. If, however, there is no shown any right to relief;
agreement as to all the facts in the case, trial may be held 4. Conditional judgment – It is one where the effectivity of
only as to the disputed facts (Sec. 6, Rule 30); which depends upon the occurrence or non-occurrence
5. Where the complaint has been dismissed with prejudice of an event;
(Sec. 5, Rule 16; Sec. 3, Rule 17; last. par.; Sec. 5, Rule
; 7) 5. Final judgment – It is one which disposes of the whole
6. Where the civil case falls under the operation of the subject matter or terminates the particular proceedings
Rules on Summary Procedure (Rule 17); or action, leaving nothing to be done by the court but to
7. When the case falls under the Rule on Small Claims. enforce by execution what has been determined.
court in respectfrom
distinguished thereto. In this sense, order
an interlocutory a final which
judgment is
does his co-parties
claims against such
each that the
of them determination as the
issues material to to claim
the
not finally terminate or dispose of the case. It has also could have been the subject has been made. The action
the effect of ending the litigation, and an aggrieved party of a separate suit, and the shall proceed as to the
may then appeal from the judgment; judgment for or against one remaining claims.
of them will not necessarily
2. By implication from Sec. 1 of Rule affect the other.
9, the word final may refer to a judgment that is no
longer appealable and is capable of being executed NOTE: A several judgment is
because the period to appeal has elapsed without a party not proper in actions against
having perfected an appeal, or if there has been an solidary debtors.
appeal, it has already been resolved by a highest possible
tribunal.
Memorandum Decision
What is an Interlocutory Order? (2006 Bar)
It refers to decisions which adopt by reference the findings of
It is an order which decides some point or matter between facts and conclusions of law of inferior tribunals. In this
the commencement and end of the suit but is not the final jurisdiction, it has been held that memorandum decisions do
21
REMEDIAL LAW
not transgress the constitutional requirement in Art. VIII, Sec. NOTE:The hearing contemplated (with 10-day notice) is
14, on clearly and distinctly stating the facts and the law on for the purpose of determining whether the issues are
which the decision is based. Nonetheless, it would be more genuine or not, and not to receive evidence on the issues
prudent for a memorandum decision not to be simply limited set up in the pleadings. The matter may be resolved, and
to the dispositive portion but to: usually is, on the basis of affidavits, depositions,
admissions (Galicia v. Polo, G.R. No. L-49668, Nov. 14,
1. State the nature of the case; 1989; Carcon Devt. Corp. v. CA, G.R. No. 88218, December
2. Summarize the facts with references to the record; and 17, 1989).
3. Contain a statement of the applicable laws and
jurisprudence and the tribunal’s assessments and 2. Except for the amount of damages, there must be no
conclusions on the case. This practice would better genuine issue as to any material fact;
enable a court to make an appropriate consideration of
whether the dispositive portion of the judgment sought NOTE: There is genuine issue when an issue of fact is
to be enforced is consistent with the findings of facts and presented which requires presentation of evidence as
conclusions of law made by the tribunal that rendered distinguished from a sham, fictitious, contrived or false
Judgment on the pleadings The party presenting the motion for summary judgment
must be entitled to a judgment as a matter of law.
It is a judgment on the facts as pleaded, and is based
exclusively upon the allegations appearing in the pleadings of How is a partial summary judgment treated?
the parties and the accompanying annexes (Comglasco
Corporation/Aquila Glass V. Santos Car Check Center A partial summary judgment envisioned by the Rules is an
Corporation G.R. No. 202989, March 25, 2015 ). interlocutory order that was never meant to be treated
separately from the main case. It will not ripen into a final
and executory judgment, despite failure to file a certiorari
Grounds for judgment on the pleadings petition to challenge the judgment. The remedy against a
partial summary judgment is an appeal to be taken by the
1. The answer fails to tender an issue because of: parties once the court a quo has completely resolved all the
a. General denial of the material allegations of the issues involved in the present case in a final judgment.
complaint; (Philippine Business Bank v. Chua, G.R. No. 178899, November
b. Insufficient denial of the material allegations of the 15, 2010).
complaint;
Judgment on the Pleadings vs. Summary Judgment
2. The answer admits material allegations of the adverse
1. The motion shall be served at least 10 days before the The following are remedies before a judgment or final order
time specified for the hearing. The adverse party may becomes final and executor:
serve opposing affidavits, depositions, or admissions at
least 3 days before the hearing; 1. Motion for new trial;
2. Motion for reconsideration; or
22
UST LAW PRE-WEEK NOTES 2017
3. Appeal The remedy is to appeal from the judgment or final order and
not to appeal the order denying the motion because it is not
When is the rule on motion for new trial? appealable. The movant has a fresh period of 15 days from
receipt or notice of the order denying or dismissing the
This is filed within the period to file an appeal based on the motion for reconsideration within which to file a notice of
ground of extrinsic fraud, accident, mistake, excusable appeal.
negligence or newly-discovered evidence.
Is a second motion for new trial allowed?
Requisites of newly discovered evidence (Berry Rule)
A second motion for new trial, based on a ground not existing
1. The evidence was discovered after trial; or available when the first motion was made, may be filed
2. Such evidence could not have been discovered and within the time provided in Section 5, Rule 37 excluding the
produced at the trial with reasonable diligence; and, time during which the first motion had been pending.
3. Such evidence is material, not merely cumulative,
corroborative or impeaching, and is of such weight that if Is a second motion for reconsideration of a judgment or
recorded evidenceand
same is material taken upon the
competent toformer trial,
establish thesoissues,
far asshall
the Is a motion for new trial or reconsideration a pre-requisite
be used at the new trial without retaking the same (Sec. 6, for an appeal?
Rule 37).
NO. The use of the term “may” in Sec. 1, Rule 37 means that
What is the effect of its denial? the same is permissive and not mandatory. As such, a party
aggrieved by the trial court’s decision may either move for
If the motion is denied, the remedy is to appeal from the reconsideration or appeal to the Court of Appeals. (Heirs of
judgment or final order, and not to appeal the order denying Timbol, Jr. v. PNB)
the motion for new trial, because the order is not appealable
(Sec. 9, Rule 37).
The movant has a fresh period of fifteen days NOTE: Generally, the motion for new trial and motion for
from receipt or notice of the order denying or dismissing the reconsideration are unextendible. However, motions for
motion for new trial within which to file a notice of appeal. extension of time to file a motion for new trial or
reconsideration may be filed only in connection with cases
When is a Motion for Reconsideration filed? before the SC, which may, in its sound discretion, either grant
or deny the extension requested. No such motion may be filed
This is filed within the period for appeal based on any of the before any lower courts (Sps. Rogelio v. PCIB, GR No. 182735,
following grounds: December 4, 2009).
a. damages are excessive;
b. evidence is insufficient; or, Fresh Period Rule or Neypes Rule
c. the decision or order is contrary to law (Sec. 1, Rule 37).
The motion shall specifically point out the portion of the The
days Court
withindeems
whichittopractical to allow
file the notice a fresh counted
of appeal, period offrom
15
judgment not supported by evidence or which are contrary to the receipt of the order dismissing a motion for new trial or
law. Otherwise, it will be considered as a pro formamotion motion for reconsideration to standardize the appeal periods
and will not have the effect of suspending or interrupting the provided in the Rules and to afford litigants fair opportunity
period to appeal. to appeal their cases (Neypes v. CA, G.R. No. 141524, September
14, 2005).It applies to:
What is the effect if the motion for reconsideration is
granted? 1. Rule 40– MTC to RTC
2. Rule 41– Appeals from RTC
The court may amend the judgment or final order, 3. Rule 42– Petition for Review from RTC to CA
accordingly. The amended judgment is in the nature of a new 4. Rule 43 – Appeals from CTA and Quasi-Judicial Agencies
judgment which supersedes the srcinal judgment, and is not to CA
a mere supplemental decision (Esquivel v. Alegre, G.R. No. 5. Rule 45– Appeals by certiorarito the SC
79425, April 17, 1989)
. 6. Rule 122, Sec. -6Appeals in Criminal Cases (Yu v. Samson
Tatad, G.R. No. 170979, Feb. 9, 2011)
What is the remedy of its denial?
The fresh period rule does not apply to:
23
REMEDIAL LAW
1. Administrative appeals (San Lorenzo Ruiz Builders and Is appeal considered a right?
Developers Group Inc. v. Ma. Cristina F. Bayang, G.R. No.
194702, April 20, 2015). An appeal is not a constitutional right, but a mere statutory
2. Rule 64 - Review of Judgments and Final Orders or privilege. As such, perfection of an appeal in the manner and
Resolutions of the Commission on Elections and the within the period permitted by law is not only mandatory,
Commission on Audit (Fortune Life Insurance Co., Inc. v. but jurisdictional. (Orchard Gold & Country Club, et al. vs. Yu
COA, G.R. No. 213525, January 27, 2015, Bersamin, J.) and Yuhico, G.R. No. 191033, January 11, 2016) However,
procedural rules may be waived or dispensed with in order to
Does it apply to administrative proceedings? serve and achieve substantial justice. Relaxation of the rules
may be had when the appeal:
NO. The Neypes Rule applies to Rule 40, 41, 42, 43, and 45,
which are judicial proceedings under the Rules of Civil 1. On its face, appears to be absolutely meritorious; or
Procedure. It cannot be made applicable to an appeal from a 2. When there are persuasive or compelling reasons to
decision of the Provincial Adjudicator to the DARAB, as relieve a litigant of an injustice not commensurate
provided under
Procedure, Section 1,
because theRulesame
XIV of is
the 2003
not DARA Rulesbut
judicial, of with the prescribed
with the degree of thoughtlessness
procedure. in not complying
administrative in nature. (Jocson vs. San Miguel, G.R. No.
206941, March 9, 2016) Final Judgment Rule
APPEALS IN GENERAL An appeal may be taken from a judgment or final order that
completely disposes of the case, or of a particular matter
Dual Function of Appellate Courts therein when declared by these Rules to be appealable (Sec. 1,
Rule 41).
1. Review for Correctness Function: To review a case on
appeal to render substantial justice. Focuses on the Exceptions to the Final Judgment Rule
doctrine of res judicata.
2. Institutional Function: To contribute to the progressive 1. Statutory Exception: when provided for in the Rules of
development of the law for the guidance of the courts in Court
deciding future similar cases. Focuses on the doctrine of 2. Discretionary Exception: when allowed or refused by the
stare decisis. (Bersamin, Appeal and Review in the Supreme Court, acting pursuant to its appellate
Philippines) jurisdiction
3. Collateral Order Exception: when the decision
determines a collateral matter regarding rights of the
parties to the action which is too important to be denied
review (e.g. judgment against respondent in indirect
24
UST LAW PRE-WEEK NOTES 2017
8. when the findings are conclusions without citation of determine whether to give due course to the appeal or not by
specific evidence on which they are based; having all the material necessary to make such determination
9. when the facts set forth in the petition as well as in the before it. An appeal under Rule 43 is a discretionary mode of
petitioner's main and reply briefs are not disputed by the appeal, which the CA may either dismiss if it finds the petition
respondent; to be patently without merit, or prosecuted manifestly for
10. when the findings of fact are premised on the supposed delay, or that the questions raised therein are too
absence of evidence and contradicted by the evidence on unsubstantial to require consideration; or may process by
record; and requiring the respondent to file a comment on the petition.
11. when the CA manifestly overlooked certain relevant facts These rules are not to be belittled or dismissed simply
not disputed by the parties, which, if properly because their non-observance may result in prejudicing a
considered, would justify a different conclusion. party’s substantive rights. (Maniebo vs. Court of Appeals, GR
(Landines vs. People and de Ramon, G.R. No. 167333, No. 158708, August 10, 2010, Bersamin, J.)
January 11, 2016, Bersamin,. J.)
---
What determines the proper remedy of a party?
It is the nature of the case that determines the proper remedy Period
43, andof
45appeal via notice of appeal under Rule 40, 41, 42,
to be filed and the appellate court where such remedy should
be filed by a party aggrieved by the decisions or orders of the A party-litigant may either file his notice of appeal with the
Office of the Ombudsman. If it is an administrative case, court that rendered the judgment within 15 days from receipt
appeal should be taken to the Court of Appeals under Rule 43 of court’s decision, or file it within 15 days from receipt of the
of the Rules of Court. If it is a criminal case, the proper final order denying his motion for new trial or motion for
remedy is to file with the Supreme Court an srcinal petition reconsideration.
for certiorari under Rule 65. (Perez v. Ombudsman, GR. No.
131445, May 27, 2004). Period of appeal in a writ of habeas corpus
25
REMEDIAL LAW
Petition for Review on Certiorari under Rule 45, Review of Judgments, Final Orders or Resolutions Rule 64 and Certiorari
under Rule 65
It shall be filed within 15 days from 30 days from the notice of the judgment It shall be filed not later than 60 days from
notice of judgment or final order or final order or resolution sought to be notice of judgment, order or resolution
appealed from. reviewed. sought to be assailed or from denial of an
MR or MNT.
Non-extendible period
It may be extended for another 60 days
If MR is denied, the petition must be filed
within the remaining period, but which
shall not be less than 5 days reckoned
from notice of denial of MR.
Stays the judgment sought to be Does not stay the judgment or order Does not stay the judgment or order subject
appealed subject of the petition unless enjoined or of the petition unless enjoined or
restrained. restrained.
The parties are the srcinal parties with The petitioner and private respondent The tribunal, board, officer exercising
the appealing party as the petitioner are the srcinal parties to the action. judicial or quasi-judicial functions is
and the adverse party as respondent impleaded as respondent (Sec. 5 Rule 65).
without impleading the lower court or The COA and COMELEC shall be
its judge (Sec. 4(a), Rule 45). impleaded as public respondents.
Filed with the SC. Filed with the SC. Filed with the RTC (Sec. 21, BP 129);
26
UST LAW PRE-WEEK NOTES 2017
RELIEF FROM JUDGMENTS, ORDERS Is an order granting a petition for relief appealable?
AND OTHER PROCEEDINGS
An order granting petition for relief is interlocutory and
Motion for New Trial/Reconsideration vs. Petition for non-appealable (Regalado, 2012).
Relief from Judgment
What should constitute an Affidavit of Merit?
Motion for New Trial / Petition for Relief from
Reconsideration Judgment An affidavit of merit must not only contain facts
(Rule 37) (Rule 38) constituting the movant's good and substantial
Available before judgment Available after judgment defenses but must also state the nature and character
becomes final and has become final and of the fraud, accident, mistake or excusable
executory. executory. negligence on which the motion for relief was based.
Applies to judgments or Applies to judgments, final
final orders only. orders and other A petition for relief without a separate affidavit of merit
proceedings: is sufficient where facts constituting petitioner’s
Grounds for motion for Grounds for petition for substantial cause of action or defense, as the case may
new trial: (FAME + E) relief from judgment: be, are alleged in a verified petition since the oath
1. Fraud, accident, (FAME) elevates the petition to the same category as a separate
mistake or excusable Fraud, accident, mistake affidavit (Samonte v. SF Naguiat Inc. G.R. No. 165544,
negligence (FAME); or excusable negligence. October 2, 2009).
2. Newly discovered
evidence (Sec. 1). When should a petition for relief from judgment be
filed?
Grounds for motion for
reconsideration: A petition for relief from judgment must be filed within
1. The damages 60 days after petitioner learns of the judgment, final
awarded are order, or proceeding and within six (6) months from
excessive; entry of judgment or final order. The double period
2. That the evidence is required under Section 3, Rule 38 is jurisdictional and
insufficient to justify should be strictly complied with. A petition for relief
the decision or final from judgment filed beyond the reglementary period is
order, or dismissed outright. This is because a petition for relief
3. That the decision or from judgment is an exception to the public policy of
final order is contrary immutability of final judgments. (Madarang v. Sps.
to law (Sec. 1). Morales, G.R. No. 199283, June 9, 2014).
Filed within the time to Filed within 60 days from
appeal. knowledge of the ANNULMENT OF JUDGMENTS
judgment and within 6 OR FINAL ORDERS AND RESOLUTIONS
months from entry of
judgment. A petition for annulment of judgment is a remedy in
The order of denial is not The order of denial is not equity so exceptional in nature that it may be availed of
appealable. The remedy is appealable; the remedy is only when:
to appeal from the appropriate special civil 1. Other remedies are wanting; and
judgment or final order on action under Rule 65. 2. Only if the judgment, final order or final resolution
the merits. sought to be annulled was rendered by a court
Motion need not be Petition must be verified. lacking jurisdiction, or through extrinsic fraud or
verified. denial of due process. (Spouses Teano vs.
Municipality of Navotas, G.R. No. 205814, February
Can a party file a petition for relief after the denial of 15, 2016)
a motion for new trial?
Grounds for annulment of judgment
A party who has filed a timely motion for new trial
cannot file a petition for relief after the former is 1. Lack of jurisdiction over the subject matter and over
denied. The two remedies are exclusive of one another the person– This may be barred by estoppel by
(Sec. 9, Rule 38; Francisco v. Puno, G.R. No. L-55694, laches, which is that:
October 23, 1981).
27
REMEDIAL LAW
a. failure to do something which should be done validly adopted. Did the RTC act properly in
or to claim or enforce a right at a proper time; dismissing the action on that ground?
or
b. neglect to do something which one should do NO. The RTC did not have jurisdiction to determine or
or seek or enforce a right at a proper time. to review the validity of the decree of adoption issued
2. Denial of due process (Alaban v. CA, G.R. No. 156021, by the erstwhile CFI by virtue of equal rank and
September 23, 2005) . category between the RTC and the CFI. The proper court
3. Extrinsic fraud or collateral fraud – However, this with jurisdiction to do was the CA, which has been
could not be a valid ground if it was availed of, or vested by Section 9 Batas Pambansa Blg. 129 with the
could have been availed of, in a motion for new exclusive srcinal jurisdiction over actions for the
trial or petition for relief. annulment of the judgments of the RTC. (Oribello v. CA, 5
August 2015, Bersamin J.)
Effect of a compromise agreement
---
A compromise agreement has the effect and authority of
res judicatabetween the parties, and is immediately To whom is the remedy of annulment of judgment
final and executory unless rescinded upon grounds that available?
vitiate consent. Once stamped with judicial imprimatur,
it is more than a mere contract between the parties. Any It is available only to a party in whose favor the
effort to annul the judgment based on compromise on remedies of new trial, reconsideration, appeal, and
the ground of extrinsic fraud must proceed in petition for relief from judgment are no longer available
accordance with Rule 47 of the Rules of Court. (Tung through no fault of said party. As such, the petitioner,
Hui Chung and Tong Hong Chung vs. Shih Chiu Huang, being a non-party in the case sought to be annulled,
G.R. No. 170679, March 9, 2016, Bersamin, J.) could not bring the action for annulment of judgment
(Dare Adventure Farm Corp. v. CA, G.R. No. 161122,
Judgment, Final Orders for Resolutions of RTC vs. September 24, 2012 Bersamin, J.)
Judgments, Final Orders or Resolutions of MTC
Rule on collateral attack on a Judgment
Judgments, Final Orders or Judgments, Final Orders or
Resolutions of RTC Resolutions of MTC GR: The validity of a judgment or order of a court
cannot be collaterally attacked.
28
UST LAW PRE-WEEK NOTES 2017
1. The judgment has become final and executory (Sec. justice may warrant under the circumstances (Sec. 5,
1, Rule 39); Rule 39).
2. Judgment debtor has renounced or waived his right
to appeal; How is the discretionary execution stayed?
3. The period for appeal has lapsed without an appeal
having been filed; It may be stayed upon approval by the proper court of a
4. Having been filed, the appeal has been resolved sufficient supersedeasbond filed by the party against
and the records of the case have been returned to whom execution is directed, conditioned upon the
the court of srcin (Florendo v. Paramount performance of the judgment or order allowed to be
Insurance Corp, now MAA General Insurance Inc., executed in case it shall be finally sustained in whole or
G.R. No. 167976, January 20, 2010). in part. The bond thus given may be proceeded against
on motion with notice to the surety (Sec. 3, Rule 39).
Remedy if a motion for execution is denied
Are judgments stayed by appeal?
The remedy is mandamus. The issuance of writ of
execution is a ministerial duty of the court under Sec. 1 Generally,a Judgment is stayed by appeal. However,
of Rule 39, compellable by a writ of mandamus (Greater there are instances when judgment is immediately
Metropolitan Manila Solid Waste Management executory (IRASO)
Committee v. Jancom Environmental Corporation, G.R.
No. 163663, June 30, 2006). 1. Injunction
2. Receivership
Requisites for Discretionary Execution 3. Accounting
4. Support, and
1. There must be a motion filed by the prevailing 5. Such other judgments declared to be immediately
party with notice to the adverse party; executory unless otherwise ordered by the trial
2. There must be a hearing of the motion for court (e.g. Rule 70, Sec. 19).
discretionary execution;
3. There must be good reasons to justify the EXAMINATION OF JUDGMENT OBLIGOR
discretionary execution; and WHEN JUDGMENT IS UNSATISFIED
4. The good reasons must be stated in a special order
(Sec. 2, Rule 39). Effect when the judgment was returned unsatisfied
Where is an application for discretionary execution 1. The judgment creditor may cause examination of
filed? the judgment debtor as to his property and income
(Sec. 36, Rule 39)
;
1. The motion for discretionary execution shall be 2. The judgment creditor may cause examination of
filed with the trial court: the debtors of the judgment debtor as to any debt
a. While it has jurisdiction over the case; and owed by him or to any property of the judgment
b. While it is in possession of either the srcinal debtor in his possession (Sec. 37, Rule 39);
record or the record on appeal; or, 3. If the court finds, after examination, that there is
2. After the trial court has lost jurisdiction, the motion property of the judgment debtor either in his own
for execution pending appeal may be filed in the hands or that of any person, the court may order
appellate court (Bangkok Republic Company the property applied to the satisfaction of the
Limited v. Lee, G.R. No. 159806, January 20, 2006). judgment (Sec. 37, Rule 39) ;
4. If the court finds the earnings of the judgment
In either instance, and whether it is a regular judgment debtor are more than sufficient for his family’s
or a special judgment such as several, separate or needs, it may order payment in fixed monthly
partial judgment, the same procedure and the installments (Sec. 40, Rule 39);
requirement of a special order stating good reasons for 5. The court may appoint a receiver for the property
discretionary execution shall be observed (Regalado, of the judgment debtor not exempt from execution
2010). or forbid a transfer or disposition or interference
with such property (Sec. 41, Rule 39);
Remedy when the judgment is reversed or annulled 6. If the court finds that the judgment debtor has an
ascertainable interest in real property either as
The trial court may, on motion, issue such orders of mortgagor, mortgagee, or otherwise, and his
restitution or reparation of damages as equity and interest can be ascertained without controversy,
29
REMEDIAL LAW
In both instances, the judgment may be repelled by The proceeding by garnishment is a specie
evidence of want of jurisdiction, want of notice to the of attachment for reaching credits
party, collusion, fraud, or clear mistake of law or fact. belonging to the judgment debtor and
owing to him from a stranger to the
litigation. By means of the citation the
How is a judgment of a foreign court enforced?
stranger becomes a forced intervenor; and
Judgment of foreign courts may only be enforced in the the court, having acquired jurisdiction over
Philippines through an action validly heard in the RTC. him by means of the citation, requires him
Thus, it is actually the judgment of the Philippine court to pay his debt, not to his former creditor,
enforcing the foreign judgment that shall be executed. but to the new creditor, who is the creditor
in the main litigation (Domingo Bautista v.
PROVISIONAL REMEDIES Jose Ma. Barredo, G.R. No. L-206 53, April 30,
1965).
Provisional remedies under the Rules of Court
(SARIR)
1. Preliminary Attachment (Rule 57); NOTE: Garnishment does not involve the
2. Preliminary Injunction (Rule 58); actual seizure of the property which
3. Receivership (Rule 59); remains in the hands of the garnishee. It
4. Replevin (Rule 60); refers to money, stocks, credits and other
5. Support (Rule 61). incorporeal property which belong to the
party but are in the possession or under
PRELIMINARY ATTACHMENT control of a third person. Garnishment does
not lie against the funds of the regular
Kinds of attachment
departments or offices of the Government,
but funds of public corporations are not
Prelimin It is one issued at the commencement of the
exempt from garnishment (PNB v. Palaban,
ary action or at any time before entry of the
et al., G.R. No. L-33112, June 15, 1978;
judgment, as security for the satisfaction of
Attachm Regalado, 2012).
any judgment that may be recovered in the
ent cases provided for by the Rules. The court
takes custody of the property of the party Can a property of an incompetent under
against whom the attachment is directed. guardianship in custodia legis be attached?
30
UST LAW PRE-WEEK NOTES 2017
YES, provided that, a copy of the writ of attachment No claim for damages for the taking or keeping the
shall be filed with the proper court and the notice of property may be enforced against the bond unless the
the attachment shall be served upon the custodian of action is therefor is filed within 120 days from the filing
such property. of the bond (Rule 60, Sec. 7).
How is the writ of preliminary attachment Effect when a property is wrongfully attached
discharged or dissolved?
Where there is wrongful attachment, the defendant may
Once the preliminary attachment is issued, the same recover actual damages even without proof that the
rule provides for two ways by which it can be plaintiff acted in bad faith in obtaining the attachment.
dissolved or discharged. First, the writ of preliminary However, if it is alleged and established that the
attachment may be discharged upon security given, attachment was not merely wrongful but also malicious,
i.e. a counter-bond. Second, it must be shown to have the defendant may recover moral damages and
been irregularly or improperly issued (Magaling v. exemplary damages as well (Spouses Yu v. Ngo Yet Te,
Ong, G.R. No. 173333, August 13, 2008). G.R. No. 155868, February 6, 2007).
31
REMEDIAL LAW
1. Verified
issuance application
(Sec. 4, Rulestating
58); the grounds for its Provisional remedy;
It is not a cause of action Independent/Primary
Action
itself but merely an
NOTE: The grounds for the issuance of the writ adjunct to a main suit.
of preliminary injunction are exclusive.
Seeks to preserve the Perpetually restraining or
2. Applicant must establish that he has a right to status quountil the merits commanding the
relief, a right in esse or a right to be protected can be heard performance of an act
and the act against which the injunction is after trial
directed is violative of such right;
3. Applicant must establish that there is a need to
---
restrain the commission or continuance of the
acts complained of and if not enjoined would
What is a status quo ante order? How is it
work injustice to the applicant;
distinguished from a TRO?
4. Applicant must post a bond, unless exempted by
the court. This TRO bond is executed in favor of
A status quo ante order is an equitable remedy intended
the person enjoined to answer for all damages
to maintain the status quo ante, i.e. the last actual,
which the latter may sustain by reason of
peaceable, uncontested state of things which
injunction or restraining order if the court
preceded the controversy. It is distinguished from a
should finally decide that the applicant was not
TRO in that it is issued by the court motu proprio, that
entitled to the writ or order;
is, there is no application therefor; or the allegations of
the pleadings do not make out a case for the issuance of
32
UST LAW PRE-WEEK NOTES 2017
---
---
RECEIVERSHIP
Purpose of receivership
33
REMEDIAL LAW
Where does receivership under Rule 59 apply? NOTE:The affidavit must contain the following:
a. Applicant is the owner of the property claimed,
The receivership under Rule 59 is directed to the property particular description of such entitlement to
which is the subject of the action and does not refer to the possession;
receivership authorized under the banking laws and other b. Property is wrongfully detained, alleging cause of
rules or laws. Rule 59 presupposes that there is an action and detention according to applicant’s knowledge,
that the property subject of the action requires its information and belief;
preservation (Riano, 2012). c. Property has not been taken for tax assessment or
fine, or seized by writ of execution, preliminary
Grounds for the discharge of a receiver attachment, in custodia legis,if so seized, that is
exempt or should be released from custody;
1. Posting of counter-bondby adverse party (Sec. 3, Rule d. Actual market value of the property (Sec. 2, Rule 60).
59);
3. The applicant must give a bond, executed to the adverse
NOTE:Where counter-bondis insufficient or defective, party and double the value of the property (Sec. 2, Rule
The writ in
defendant of the
replevin
action may only
has not yetbe obtained
filed when
his answer to the
the asking
validitythe court to
arising, anddetermine any question
for a declaration of rights
of his construction or
or duties
complaint where it is necessary to: thereunder (Sec. 1, Rule 63).
1. Protect plaintiff’s right of possession to property; NOTE:The enumeration of subject matter is exclusive.
2. Prevent defendant from destroying, damaging or
disposing of the property. Can this special civil action converted to an ordinary
action?
Requisites for a writ to be issued
YES. If before the final termination of the case, a breach or
1. The application for the writ must be filed at the violation of an instrument, or a statute, executive order or
commencement of the action or at any time before the regulation, ordinance, or any other governmental regulation
defendant answers (Sec. 1, Rule 60); should take place (Sec. 6, Rule 63),an action for declaratory
2. The application must contain an affidavit where the relief will be converted into an ordinary action.
applicant particularly describes the property that he is
the owner of the property or that he is entitled to the Declaratory relief is NOT proper if the purpose of the action is
possession thereof; to seek enlightenment of the true import of a judgment. In
34
UST LAW PRE-WEEK NOTES 2017
this situation, the proper remedy is to file an action for Commission On Audit (COA) Proper, GR No. 213525, January
clarificatory judgment. 27, 2015, Bersamin, J.)
A party may file an action in the appropriate RTC. Hence, the What are the instances when the petitions for certiorari,
SC has no srcinal jurisdiction over petition for declaratory mandamus and prohibition are NOT available?
relief. It may only entertain the petition if it raises questions
that need to be resolved for the common good (Riano, 2013). 1. Rule on summary procedure as to interlocutory order
issued by the lower court (Sec. 19(g), Rules on Summary
Similar remedies? Procedure);
2. Writ of amparo against any interlocutory order (Sec.
1. An action for the reformation of an instrument–RTC; 11(l), Rule on Writ of Amparo);
2. An action to quiet title to real property or remove clouds 3. Petition for writ of habeas data against any interlocutory
therefrom – MTC or RTC depending on the assessed order (Sec. 13(l), A.M. No. 08-1-16)
;
3. value of the
An action to property;
consolidate ownership – RTC 4. Small claims
the lower cases
court against
(Sec. 14(g) interlocutory order issued
of A.M. No. 08-8-7-SC)
. by
Fortune
however,Life
on filed its petition
November for money
15, 2012, claim denied
the latter in the COA,
said Comelec, G.R. No. 163756, January 26, 2005; Riano, 2009).
petition. The petitioner received a copy of the COA decision NOTE: Where the remedy of appeal is available to
on December 14, 2012, and filed its motion for the aggrieved party, certiorari will not be
reconsideration on January 14, 2013, believing that fresh entertained. It cannot be used as replacement for
period rule applies because i ts Rule 64 petition is akin to a the lost remedy of appeal.
petition for review brought under Rule 42. However, the
COA denied the motion, the denial being received by the As a rule, motion for reconsideration is required before filing
petitioner on July 14, 2014. Hence, the petitioner filed the a petition for certiorarito give the public the opportunity to
petition for certiorari carrying only th e affidavit of service correct errors imputed to it. However, there are cases when
executed by one Pascua, Jr., who declared that he had an MR is not required:
served copies of the petition by registered mail. Did the
“fresh period rule” apply to the petition for certiorari 1. When the order is a patent nullity;
under Rule 64? 2. Question raised in the certiorari proceeding has been
duly raised and passed upon in the lower court;
NO. The reglementary periods under Rule 42 and Rule 64 are 3. Urgent necessity; and
different. In the former, the aggrieved party is allowed 15 4. The subject matter of the action is perishable.
days to file the petition for review from receipt of the assailed
decision or final order, or from receipt of the denial of a NOTE: It is an improper remedy to assail the Resolutions in
motion for new trial or reconsideration. In the latter, the questions issued by the Energy Regulation Commission in its
petition is filed within 30 days from notice of the judgment or quasi-legislative power
. (Rosales, et al. vs. ERC, et al. G.R. No.
final
motionorder
for or
newresolution sought to be reviewed.
trial or reconsideration, The under
if allowed filing of
thea 201852, April 5, 2016)
procedural rules of the Commission concerned, interrupts the
period; hence, should the motion be denied, the aggrieved Causing filed a complaint-affidavit in the Office of the
party may file the petition within the remaining period, which Regional Election Director claiming that the office order
shall not be less than five days in any event, reckoned from issued by Mayor Brion was illegal. Subsequently, the
the notice of denial. COMELEC En Banc dismissed the complaint-affidavit for
lack of probable cause to charge Mayor Brion. Hence,
The petitioner filed its motion for reconsideration on January Causing filed a petition for certiorari. Did Causing validly
14, 2013, which was 31 days after receiving the assailed file the petition for certiorari?
decision of the COA on December 14, 2012. Pursuant to
Section 3 of Rule 64, it had only five days from receipt of the NO. The well-established rule is that the motion for
denial of its motion for reconsideration to file the petition. reconsideration is an indispensable condition before an
Considering that it received the notice of the denial on July aggrieved party can resort to the special civil action for
14, 2014, it had only until July 19, 2014 to file the petition. certiorari under Rule 65 of the Rules of Court. The filing of the
However, it filed the petition on August 13, 2014, which was motion for reconsideration before the resort to certiorari will
25 days too late. (Fortune Life Insurance Company, Inc. vs. lie is intended to afford to the public respondent the
opportunity to correct any actual or fancied error attributed
35
REMEDIAL LAW
This is a preventive remedy unlike a petition for certiorari Is mandamus applicable to discretionary duties?
which is a corrective remedy. The purpose of this petition is
to prevent encroachment, excess usurpation or assumption of Mandamus is only applicable to ministerial duties. However,
36
UST LAW PRE-WEEK NOTES 2017
2. When the Solicitor General commences the action, it may the value of the improvements and/or structures using the
be brought in a RTC in the City of Manila, in the CA, or in replacement cost method.
the SC (Sec. 7, Rule 66
).
NOTE: The intent of RA 8974 to supersede the system of
--- deposit under Rule 67 with the scheme of immediate
payment in cases involving national government
Petitioners, who are complainants before the prosecutor’s infrastructure projects is indeed very clear (MCWD v. J. King
office in Davao City, filed a petition for certiorari, and Sons, G.R. No. 175983, April 16, 2009).
prohibition and mandamus against the Secretary of
Justice to set aside the issuance of a department order Just compensation
which directed all prosecutors to forward all cases already
filed against Celso de los Angeles of the Legacy Group to Just compensation is defined as the full and fair equivalent of
the Secretariat of Special Panel created by the Department the property sought to be expropriated. The measure is not
of Justice in Manila. Was the filing of the petition proper? the taker’s gain but the owner’s loss. The compensation, to be
just, must be fair not only to the owner but also to the taker.
NO. Petitionsthat
to tribunals for certiorari and prohibition
exercise judicial are directed
or quasi-judicial only
functions. Even as without
property undervaluation would
due process, deprive
so too wouldthe
its owner of his
overvaluation
The issuance of the department order was purely unduly favor him to the prejudice of the public ( National
administrative or executive function of the Secretary of Power Corporation v. De la Cruz, G.R. No. 156093, February 2,
Justice. Nor is mandamus proper to control or review the 2007).
exercise of discretion. (Dacudao v. Secretary of Justice, 8
January 2013, e.b., Bersamin J.) Reckoning point for determining just compensation
2.
3. Payment of just
Taking must compensation;
be for public use. and, Inverse condemnation
Properties subject to expropriation Inverse condemnation refers to the action for recovery of just
compensation filed by the property owner in a situation
All properties can be expropriated, except money and choses wherein the State, local government, unit or public utility
in action. seizes or takes private property for public use without filing
beforehand a complaint for expropriation. It is called inverse
“Choses in action”
means because it is the property owner rather than the State which
initiated the proceedings for the payment of just
A right to personal things of which the owner has not the compensation. (National Power Corporation v. Makabangkit,
possession, but merely a right of action for their possession 24 August 2011, Bersamin J.)
(Black’s Law, 2004).
1. Determination of the authority of the plaintiff to It is the remedy used for the satisfaction of any monetary
expropriate – This determination includes an inquiry obligation, which a person owes to another, by proceeding
into the propriety of the expropriation – its necessity and against the property used to secure said obligation.
the public purpose.
Requisites of a valid foreclosure of REM
37
REMEDIAL LAW
How is the deficiency recovered? certificate of foreclosure sale which in no case shall be more
than three (3) months after foreclosure, whichever is earlier.
If there is a balance due to the plaintiff after applying the The pendency of the action stops the running of the right of
proceeds of the sale, the court, upon motion, shall render redemption. Said right continues after perfection of an appeal
judgment against the defendant for any balance for which, by until the decision of the appeal (Consolidated Bank and Trust
the record of the case, he may be personally liable to the Corp. v. IAC, G.R. No. 73341, August 21, 1987).
plaintiff. Execution may issue immediately if the balance is all
due at the time of the rendition of the judgment. If not due, PARTITION
the plaintiff shall be entitled to execution at such time as the
balance remaining becomes due under the terms of the Requisites of a valid partition
srcinal contract, which time shall be stated in the judgment
(Sec. 6, Rule 68; Riano, 2009). 1. Right to compel the partition;
2. Complaint must state the nature and extent of plaintiff's
Liability of a third party mortgagor in case of deficiency title and a description of the real estate of which
judgment partition is demanded; and,
If such third person did not assume personal liability for the 3. All other
joined persons interested
as defendants in the
(Sec. 1, Rule 69).property must be
payment of the debt, the extent of recovery in the judgment of
foreclosure shall be limited to the purchase price at the Instances when a co-owner may not demand partition
foreclosure sale and no deficiency judgment can be recovered
against said person (Phil. Trust Co. v. Tan Suisa, 52 Phil 852). 1. There is an agreement among the co-owners to keep the
property undivided for a certain period of time but not
Instances when court cannot render deficiency judgment exceeding ten years (Art. 494, NCC);
2. When partition is prohibited by the donor or testator for
1. Case is covered by the Recto Law (Art. 1484, NCC) ; a period not exceeding 20 years ( Art. 494; Art. 1083,
2. Mortgagor is a non-resident and who at the time of the NCC);
filing of the action for foreclosure and during the 3. When partition is prohibited by law (Art. 494, NCC );
pendency of the proceedings was outside the Philippines, 4. When property is not subject to physical division and to
unless there is attachment; do so would render it unserviceable for the use for which
3. Mortgagor dies, the mortgagee may file his claim with it is intended ( Art. 495, NCC
);
the probate court under Sec. 7, Rule 86; and,
5. When the condition imposed upon voluntary heirs
4. Mortgagee is a third person but not solidarily liable with
before they can demand partition has not yet been
the debtor.
fulfilled ( Art. 1094, NCC
).
Judicial Foreclosure vs. Extrajudicial Foreclosure
Effect of non-inclusion of a co-owner in an action for
partition
Judicial
Requires Foreclosure
court intervention No Extrajudicial
court Foreclosure
intervention 1. Before judgment – Not a ground for a motion to
necessary dismiss. The remedy is to file a motion to include the
There is only an equity of Right of redemption exists party.
redemption except when the 2. After judgment – Makes the judgment therein void
mortgagee is a bank because co-owners are indispensable parties.
Governed by Rule 68 Governed by Act 3135 May creditors or assignees of co-owners intervene?
NOTE: A mortgagee may bring a personal action for the They may intervene and object to a partition affected without
amount due, instead of a foreclosure suit, in which case, he their concurrence. But they cannot impugn a partition
will be deemed to have waived his right to proceed against already executed unless there has been fraud or in case it was
the property in a foreclosure proceeding (Movido v. RFC, G.R. made notwithstanding a formal opposition presented to
No. L-11990, May 29, 1959). prevent it (Sec. 12, Rule 69).
Equity of Redemption vs. Right of Redemption What is the prescription of the action?
Equity of Redemption Right of Redemption Action to demand partition of a co-owned property does not
Right of the defendant Right of the debtor, his prescribe. Prescription of action does not run in favor of a co-
mortgagor to extinguish the successor in interest or any owner or co-heir against his co-owner or co-heirs as long as
mortgage and retain judicial creditor or judgment there is a recognition of the co-ownership expressly or
ownership of the property by creditor of said debtor or any impliedly (Art. 494, NCC)
.
paying the debt within a person having a lien on the
period of not less than 90 nor property subsequent to the NOTE:A co-owner may acquire ownership of the property by
more than 120 days from the mortgage or deed of trust prescription where there exists a clear repudiation of the co-
entry of judgment or even under which the property is ownership and the co-owners are apprised of the claim of
after the foreclosure sale but sold to redeem the property adverse and exclusive ownership (Heirs of Restar v. Heirs of
prior to confirmation within 1 year from the Cichon, 475 SCRA 731; Riano, 2009).
registration of the sheriff’s
certificate of foreclosure sale FORCIBLE ENTRY
Governed by Rule 68 Governed by Secs. 29-31, AND UNLAWFUL DETAINER
Rule 39
Requisites of forcible entry
NOTE: In extrajudicial foreclosure, the mortgagor has the
right to redeem the property within one year from the 1. A person is deprived of possession of any land or
registration of the deed of sale. However, Sec. 47 of the building;
General Banking Act provides that in case of extrajudicial 2. by force, intimidation, threat, strategy, or stealth (FISTS);
foreclosure, juridical persons shall have the right to redeem and,
the property until, but not after, the registration of the
38
UST LAW PRE-WEEK NOTES 2017
3. Action is brought within one (1) year from the unlawful ruled, however, that the demand upon a tenant may be oral
deprivation (Sec. 1, Rule 70). (Jakihaca v. Aquino, 181 SCRA 67)
.
1. Possession of any land or building is unlawfully withheld Forcible Entry Unlawful Detainer
from a lessor, vendor, vendee, or other person after the (Detentacion) (Desahucio)
expiration or termination of the right to hold possession Demand to vacate is not Demand is jurisdictional if the
by virtue of any contract express or implied; required before the filing of ground is non-payment of
the action because occupancy rentals or failure to comply
NOTE:It has been held that prior physical possession by is illegal from the very with the lease contract.
the plaintiff is not an indispensable requirement in an beginning (Riano, 2009).
unlawful detainer case brought by a vendee or other The plaintiff must prove that The plaintiff need not have
person against whom the possession of any land is he was in prior physical been in prior physical
unlawfully withheld after the expiration or termination possession of the premises possession.
of a rightG.R.
Looyuko, to No.
hold19652,
possession. (William
July 1, 2013, GoSps
citing v. . Maninang
Albert until he was deprived thereof
by the defendant.
v. CA, 373 Phil. 304) GR: The 1 year period is Period is counted from the
counted from the date of date of the last demand or last
2. Action is brought within one (1) year after such unlawful actual entry on the land. letter of demand in case of
deprivation or withholding of possession; and, non-payment of rentals or
3. Demand to pay or comply with the conditions of the XPN: When entry is by violation of the conditions of
lease and to vacate is made upon the lessee (Sec. 1, Rule stealth, the period must be the lease (Riano, 2009).
70). counted from the demand to
vacate upon learning of the
NOTE: If the complaint does not allege facts showing stealth (Riano, 2009).
compliance with the prescribed one-year period to file an
action for unlawful detainer, then it cannot properly qualify
as such action over which the MTC can exercise jurisdiction. Accion Interdictal vs. Accion Publiciana vs. Accion
Such allegations are jurisdictional and crucial. It may then be Reivindicatoria
an accion publiciana or accion reivindicatoria (Estate of
Manantan v. Somera, G.R. No. 145867, April 7, 2009). Accion Interdictal Accion Publiciana Accion
Reivindicatoria
Is a formal contract a prerequisite in unlawful detainer? Summary action A plenary action An action for the
for the recovery of for the recovery of recovery of
NO. Even if there is no formal contract between the parties, physical the real right of ownership, which
there canare
contracts still be anbyunlawful
covered detainer
ejectment because
proceedings. implied
Possession possession where possession when necessarily
the dispossession the dispossession includes the
by tolerance creates an implied promise to vacate the has not lasted for has lasted for recovery of
premises upon the demand of the owner (Peran v. CFI of more than 1 year. more than 1 year. possession.
Sorsogon, G.R. No. 57259, October 13, 1983). (possession de (possession de
facto) jure)
When can a lessor proceed against a lessee? All cases of RTC has RTC has
forcible entry and jurisdiction if the jurisdiction if the
Unless otherwise stipulated, such action by the lessor shall be unlawful detainer value of the value of the
commenced only after demand to pay or comply with the irrespective of the property exceeds property exceeds
conditions of the lease and to vacateis made upon the lessee, amount of Php 20,000 or Php Php 20,000 or Php
or by serving written notice of such demand upon the person damages or 50,000 in Metro 50,000 in Metro
found on the premises if no person be found thereon, and the unpaid rentals Manila. Manila.
lessee fails to comply therewith after 15 days in the case of sought to be
land or 5 days in the case of buildings (Sec. 2, Rule 70)
. recovered should MTC has MTC has
be brought to the jurisdiction if the jurisdiction if the
What constitutes a demand in unlawful detainer? MTC. value of the value of the
property does not property does not
1. To pay and to vacate – If the suit is based on defendant’s exceed the above exceed the above
failure to pay the rentals agreed upon; amounts. amounts.
2. To comply and to vacate – If suit is predicated upon the
defendant’s non
lease contract -compliance
(Riano, 2012). with the conditions of the Ejectment cases are summary proceedings intended to
provide an expeditious means of protecting actual possession
or right to possession of property.
The notice giving the lessee the alternative either to pay the
increased rental or otherwise vacate the land is not the NOTE: Ejectment suits can be maintained with respect to all
demand contemplated by the Rules of Court in unlawful
kinds of land, but agricultural lands under tenancy are now
detainer cases. When after such notice, the lessee elects to
subject to the land reform laws, and cases arising thereunder
stay, he thereby merely assumes the new rental and cannot
are within the jurisdiction of Regional Trial Court acting as
be ejected until he defaults in said obligation and necessary Special Agrarian Court (Regalado, 2010).
demand is first made (Peñas, Jr. v.Court of Appeals, G.R. No.
112734, July 7, 1994). Rule in case of tacita reconduccion in relation to unlawful
detainer
What is the form of the demand?
Under Art. 1670 of NCC, if at the end of lease, the lessee
The demand may be in the form of a written notice served continues to enjoy the property leased for 15 days with
upon the person found in the premises. The demand may also consent of the lessor, and no notice to the contrary has been
be made by posting a written notice on the premises if no given, it is understood that there is an implied new lease.
person can be found thereon (Sec. 2, Rule 70) . It has been
39
REMEDIAL LAW
When there is tacit reconduccion , the lessee cannot be any real property by the judgment or process of any
deemed as unlawfully withholding the property. There is no court of competent jurisdiction, enters or attempts or
unlawful detainer (Riano, 2012). induces another to enter into or upon such real property,
for the purpose of executing acts of ownership or
Is judgment in forcible entry and unlawful detainer cases possession, or in any manner disturbs the possession
conclusive as to the title to the property? given to the person adjudged to be entitled thereto;
3. Any abuse of or any unlawful interference with the
NO. The judgment rendered in an action for forcible entry or processes or proceedings of a court not constituting
unlawful detainer is conclusive only as to possessionof the direct contempt under section 1 of this Rule;
property. Said judgment does not bind the title or affect the 4. Any improper conduct tending, directly or indirectly, to
ownership of the land or building. A distinct and separate impede, obstruct, or degrade the administration of
action between the same parties respecting title to the land or justice;
building may be had (Sec. 18, Rule 70). 5. Assuming to be an attorney or an officer of a court, and
acting as such without authority;
CONTEMPT 6. Failure to obey a subpoena duly served;
1. According to nature (depending on the nature and effect 2. If a person charged with indirect contempt fails to appear
of the contemptuous act) on that date after due notice without justifiable reason, the
a. Civil court does not declare the respondent in default. Instead,
b. Criminal court shall order his arrest just like the accused in a criminal
2. According to the manner of commission case (Riano, 2012).
exercising quasi-judicial functions, the charge shall be communication be invoked in a contempt proceeding?
filed in RTC of the place wherein the contempt was
committed (Sec. 12, Rule 71; Riano, 2009). In People v. Castelo,the Court ruled that contempt is akin to
libel and that the principle of privileged communication may
What are the acts deemed punishable as indirect be invoked in a contempt proceeding. The Court ruled:
contempt?
While the present case involves an incident of contempt the
After a charge in writing has been filed, and an opportunity same is akin to a case of libel for both constitute limitations
given to the respondent to comment thereon within such upon freedom of the press or freedom of expression
period as may be fixed by the court and to be heard by guaranteed by our Constitution. So what is considered a
himself or counsel, a person guilty of any of the following acts privilege in one may likewise be considered in the other. The
may be punished for indirect contempt: same safeguard should be extended to one whether anchored
in freedom of the press or freedom of expression. Therefore,
1. Misbehavior of an officer of a court in the performance of this principle regarding privileged communications can also
his official duties or in his official transactions; be invoked in favor of the appellant. (Philip Sigrid A. Fortun v.
2. Disobedience of or resistance to a lawful writ, process, Prima Jesusa B. Quinsayas, et al.; G.R. No. 194578. February 13,
order, or judgment of a court, including the act of a 2013)
person who, after being dispossessed or ejected from
40
UST LAW PRE-WEEK NOTES 2017
SPECIAL PROCEEDINGS matters covered by the remedy. Thus, the Court’s order to the
CA to conduct a factual hearing was not an affirmation of the
What is a Special Proceeding? propriety of the remedy of habeas corpus (In the Matter of the
Petition for Habeas Corpus of Alejano vs. Cabuay, G.R. No.
A special proceeding is an action “by which a party seeks to 160792, August 25, 2005) .
establish a status, right, or a particular fact,” has one definite
party, who petitions or applies for a declaration of a status, NOTE:It must be kept in mind that in both habeas corpus and
right, or particular fact, but no definite adverse party. certiorari proceedings is whether an inferior court has
(Montañer vc CA, G.R. No. 174975, January 20, 2009) exceeded its jurisdiction, the former involves a collateral
attack on the judgment and “reaches the body but not the
Subject Matter of Special Proceedings record,” while the latter assails directly the judgment and
“reaches the record but not the body.” (Velasco vs. CA
1. Settlement of the estate of deceased persons; G.R.No.118644 July 7, 1995)
2. Escheat;
3. Guardianship and custody of children; What is the scope of the writ?
years. Ormilla
sentence, hasbeen
as he has complete
yet in
to the service
confinement for onlyof17
his first
years.
WRIT OF HABEAS CORPUS May the writ of habeas corpus be granted to Ormilla?
Writ of Habeas Corpus NO. The writ of habeas corpus may also be availed of where,
as a consequence of a judicial proceeding, (a) there has been a
It is a writ directed to the person detaining another and deprivation of a constitutional right resulting in the restraint
commanding him to produce the body of the prisoner at a of a person; (b) the court had no jurisdiction to impose the
certain time and place with the day and the cause of his sentence; or (c) an excessive penalty has been imposed, as
caption and detention, to do, submit to, and receive such sentence is void as to such excess. None of the
whatsoever, the court or judge awarding the writ shall mentioned circumstances is present in the instant case. (In
consider in that behalf. The Matter Of The Application For The Writ Of Habeas Corpus
Reclassifying Sentence To R.A. No. 8353 In Behalf Of, Rogelio
Essentially a writ of inquiry, granted to test the right under Ormilla, Et. Al v. The Director, Bureau of Corrections, G.R. No.
which a person is detained, and to relieve a person if such 170497, January 22, 2007)
restrain is illegal.
Anita Mangila and four others were charged with
It is regarded as “palladium of liberty”, a prerogative writ syndicated estafa and the cases were filed in the Municipal
which does not issue as a matter of right but in the sound Trial Court in Cities. They were alleged to be recruiting
discretion of the court or judge. (Mangila v. Judge Pangilinan, and promising employment without lawful authority from
G.R. No. 160739, July 17, 2013, Bersamin, J.) the POEA. Judge Pangilinan conducted a preliminary
investigation
Palayon, one ofon
the the complainants.
complainants, Aftera warrant
he issued examining
of
Kinds of writ of habeas corpus
arrest of Mangila and her cohorts. Mangila was arrested
1. Preliminary citation is issued when a government and detained in the headquarters of the NBI. Mangila filed
officer has the person in his custody, the illegality of in the Court of Appeals a petition for habeas corpus to
which is not patent, to show cause why the writ of obtain her release from detention. Her petition averred
habeas corpus should not issue. that the remedy was available. Is she correct?
2. Peremptory writ is issued when the cause of the NO. A writ of habeas corpus is a prerogative writ which is
detention appears to be patently illegal and the non- issued in the sound discretion of the court or judge. Judge
compliance therewith is punishable (Lee Yick Hon v. Pangilinan issued the order of arrest after examining Palayon,
Collector of Customs, G.R. No. 16779, March 30, 1921). one of the complainants, against Mangila and her cohorts. If
he, as the investigating judge, considered Palayon’s evidence
In a habeas corpuspetition, the order to present an individual sufficient for finding probable cause against Mangila and her
before the court is a preliminary step in the hearing of the cohorts wherein the Court justifiably presumes from his act
petition. The respondent must produce the person and of referring the case to the Office of the City Prosecutor on the
explain the cause of his detention. However, this order is not day immediately following the preliminary investigation he
a ruling on the propriety of the remedy or on the substantive conducted, her petition for habeas corpus could not be the
41
REMEDIAL LAW
Jurisprudence has laid down additional purposes of the writ, Yes, provided the following elements are present:
to wit:
Yes. The writ of habeas corpusand certiorarimay be ancillary However, the return can be heard in the FC/RTC (if there is
to each other
supervisory where
powers necessary
of the to give
higher courts. effectof to
A writ the
habeas no FC in the
separate judicial
petition forregion),
custodyand there isthe
because no issue
need to filebe
can a
corpus reaches the body and the jurisdictional matters, but ventilated in the petition for the writ.
not the record. A writ of certiorarireaches the record but not
the body. Hence, a writ of habeas corpusmay be used with the NOTE: The general rule is that parents should have custody
writ of certiorarifor the purpose of review (Galvez v. CA, G.R. over their minor children. But the State has the right to
No. 114046, Oct. 24, 1994). intervene where the parents, rather than care for such
children, treat them cruelly and abusively, impairing their
The person released by virtue of habeas corpusmay no longer growth and well-being and leaving them emotional scars that
be imprisoned again for the same offense, except by the they carry throughout their lives unless they are liberated
lawful order or process of a court having jurisdiction of the from such parents and properly counselled. (In The Matter Of
cause or offense (Sec. 17, Rule 102)
. The Petition For Habeas Corpus Of Minor Shang Ko Vingson Yu
Shirly Vingson Shirly Vingson Demaisip V. Jovy Cabcaban. Udk
What kind of restraint is contemplated under the writ? No. 14817, January 13, 2014)
Actual and effective and not merely nominal or moral From November 7, 2009 to December 19, 2009, Salibo and
restraint is required. (Zagala v. Illustre, G.R. No. 23999 other Filipinos were allegedly in Saudi Arabia for the Haji
November 21, 1926) Pilgrimage. Salibo returned to the Philippines on
December 20, 2009. On August 3, 2010, Salibo learned that
Is actual physical restraint always required? police officers of Datu Hofer Police Station in Maguindanao
suspected him to be Butukan S. Malang. Malang w as one of
NO. Actual
restraint physical
which restraintfreedom
will prejudice is not always
of actionrequired; any
is sufficient. the 197 accused
participating of 57
in the counts of
November 23,murder for allegedly
2009 Maguindanao
(Moncupa v. Enrile, G.R. No. L-63345, January 30, 1986) Massacre and had a pending warrant of arrest issued by
the trial court.
GR: Release of detained person, whether permanent or
temporary, makes the petition for habeas corpus moot. Salibo presented himself before th e police officers to clear
his name and explain that he was not Malang and that he
XPNs: could not have participated in the massacre because he
a. Doctrine of Constructive Restraint – Unless there are was at Saudi Arabia at that time. He presented his
restraints attached to his release which precludes passport, boarding passes and other documents to prove
freedom of action in which case the Court can still that Salibo was in Saudi from November 7 to December 19,
inquire into the nature of his involuntary restraint 2009. However, the police officers apprehended Salibo.
Does the writ of habeas corpus apply in a case of mistaken
The essential object and purpose of the writ of habeas identity?
corpus is to inquire into all manner of involuntary
restraint. Any restraint which will preclude freedom of YES. Habeas Corpus is the proper remedy for a person
action is sufficient. (Villavicencio v. Lukban, G.R. No. L- deprived of liberty due to mistaken identity. In such cases, the
14639, March 25, 1919) person is not under any lawful process and is continuously
42
UST LAW PRE-WEEK NOTES 2017
being illegally detained. Salibo was not arrested by virtue of 2. If jurisdiction appears after the writ is allowed despite
any warrant charging him of an offense. He was not any informality or defect in the process, judgment, or
restrained under a lawful process or an order of the court. He order; or
was illegally deprived of liberty and has correctly availed 3. Person is charged with or convicted of an offense in the
himself of a Petition for Habeas Corpus. (In the Matter of the Philippines; or
Petition for Habeas Corpus of Datukan Malang Salibo v. 4. Suffering from imprisonment under lawful judgment.
Warden, Quezon City Jail, G.R. No. 197597, April 08, 2015) (Rule 102, Sec. 4)
5. If it appears that the prisoner was lawfully committed,
Who may apply for the petition of the writ? and is plainly and specifically charged in the warrant of
commitment with an offense punishable by death (Rule
1. The party for whose relief it is intended; or 102, Sec. 14)
2. By some person on his behalf (Rule 102, Sec. )3 6. Even if the arrest of a person is illegal, due to
Some person – any person who has a legally justified supervening events may bar release:
interest in the freedom of the person whose liberty is a. Issuance of a judicial process (Sayo v. Chief of Police
restrained or who shows some authorization to make of Manila, G.R. No. L-2128, May 12, 1948)
reason of which
before the court orhejudge
cannot, without danger, be bought 5.
6. Recover
Assert ordamages
vindicateordenial
other money
of rightaward;
to bail (In re: Azucena
Garcia, G.R. No. 141443, Nov. 18, 2000) ;
What must be alleged in the Return if the person or officer 7. Correct errors in appreciation of facts or law; and,
has custody of the prisoner and transferred the custody of 8. To enforce marital rights including coverture and living
the latter to another? in conjugal dwelling (Ilusorio v. Bildner, G.R. No. 139808,
May 12, 200).
If he has the party in his custody or power, or under restraint,
and has transferred such custody or restraint to another, WRIT OFAMPARO
particularly to whom, at what time, for what cause, and by A.M. NO. 07-9-12-SC
what authority such transfer was made. (Rule 102, Sec. 10)
What is a Writ of Amparo?
NOTE:The return or statement shall be signed by the person
who makes it; and shall also be sworn by him if the prisoner It is a remedy available to any person whose right to life,
is not produced, and in all other cases, unless the return is liberty and security is violated or threatened with violation
made and signed by a sworn public officer in his official by an unlawful act or omission of a public official or
capacity. (Rule 102, Sec. 11) employee, or of a private individual or entity. The writ shall
cover extralegal killings and enforced disappearances or
When is the Return considered as an evidence and when is threats thereof (Sec. 1, A.M. No. 07-9-12-SC).
it considered only a plea?
The remedy provides rapid judicial relief as it partakes of a
43
REMEDIAL LAW
consanguinity or affinity, in default of those the same or give information on the fate or whereabouts of
mentioned in the preceding paragraph; or said missing persons, with the intention of removing them
c. Any concerned citizen, organization, association or from the protection of the law for a prolonged period of time.
institution if there is no known member of the Simply put, the petitioner in an amparo case has the burden
immediate family or relative of the aggrieved party of proving by substantial evidence the indispensable element
of government participation. (Egardo Navia, Ruben Dio and
Effect of filing of the writ Andrew Buising vs. Virginia Pardico, for and in behalf in
representation of Benhur Pardico., G.R. No. 184467, June 19,
The filing of a petition by the aggrieved party suspends the 2012)
right of all other authorized parties to file similar petitions.
(Sec. 2) What are the contents of the return?
Where should the petition be filed? 1. The lawful defenses to show that the respondent did not
violate or threaten with violation the right to life, liberty
1. RTC where the threat, act or omission was committed or and security of the aggrieved party, through any act or
6. threat, actprayed
The relief or omission;
for. and, The Omnibus Waiver Rule states that all defenses not raised
May include a general prayer and equitable reliefs. in the return (answer) are deemed waived (Sec. 10, Ibid.).
It is
different from the Omnibus Motion Rule which states that
When shall the writ be issued? defenses not raised in a Motion to Dismiss are deemed
waived.
Upon filing of petition, the writ shall be immediately issued if
on its face it ought to issue. NOTE: A motion to dismiss is a prohibited pleading in an
application for a writ of amparo. The filing of a motion to
What is the quantum of proof in the application for the dismiss even on the ground of lack of jurisdiction over the
issuance of the writ? subject matter and the parties is proscribed to avoid undue
delay. The grounds of a motion to dismiss should be included
For the protective writ of amparo to issue, allegation and in the return and resolved by the court, using its reasonable
proof that the persons subject thereof are missing are not discretion as to the time and merit of the motion (Sec. 11,
enough. It must also be shown and proved by substantial Ibid.).
evidence that the disappearance was carried out by, or with
the authorization, support or acquiescence of, the State or a Return is the proper responsive pleading; memorandum is
political organization, followed by a refusal to acknowledge a prohibited pleading
44
UST LAW PRE-WEEK NOTES 2017
Distinguish the Privilege of the Writ of Amparo from the When a criminal action and a separate civil action are filed
Actual Order called the Writ of Amparo subsequent to a petition for a writ of amparo, the latter shall
be consolidated with the criminal action.
The privilege includes the availment of the entire procedure
outlined in the Rule. After examining the petition and its After consolidation, the procedure under this Rule shall
attached
the summary affidavits, the return
hearing, the and the evidence
judgment shouldpresented in
detail the continue to apply
petition. (Sec. 23) to the disposition of the reliefs on the
required acts from the respondent that will mitigate, if not
totally eradicate, the violation of or threat to the petitioner’s
life, liberty or security. What are the interim reliefs available to the petitioner?
When shall it be issued?
A judgment which simply grants “the privilege of the writ”
cannot be executed. It is tantamount to a failure of the judge 1. Temporary Protection Order (TPO). It is issued upon
to intervene and grant judicial succour to the petitioner. motion or motu proprio.
Petitions filed to avail of the privilege of the writ of amparo 2. Inspection Order. Issued only upon verified motion and
arise out of very real and concrete circumstances. Judicial after due hearing.
responses cannot be as tragically symbolic or ritualistic as 3. Production Order. Issued only upon verified motion and
granting the privilege of the writ of amparo (Secretary Leila after due hearing.
M. De Lima, Director Nonnatus R. Rojas and Deputy Director 4. Witness Protection Order. Issued upon motion or motu
Reynaldo O. Esmeralda v. Magtanggol B. Gatdula; G.R. No. proprio.
204528, February 19, 2013).
What are the grounds for opposition on the Production
Order?
45
REMEDIAL LAW
The Inspection Order (Sec. 14) and Production Order (Sec. When must a Return be filed?
15).
The respondent shall file a verified written return together
WRIT OF HABEAS DATA with supporting affidavits within five (5) work days from
(A.M. No. 08-1-16-SC) service of the writ, which period may be reasonably extended
by the Court for justifiable reasons.
What is a Writ of Habeas Data?
What are the contents of the Return?
It is a remedy available to any person whose right to privacy
in life, liberty
unlawful or security
act or omission of aispublic
violated or or
official threatened
employee,by
or an
of 1. The lawful
secrets, defenses
privileged such as national
communication, security, ofstate
confidentiality the
a private individual or entity engaged in the gathering, source of information of media and others;
collecting or storing of data or information regarding the 2. In case of respondent in charge, in possession or in
person, family, home and correspondence of the aggrieved control of the data or information subject of the petition:
party (Sec. 1, A.M. No. 08-1-16-SC). a. Disclosure of the date or information about the
petitioner: the nature of such data or information,
It is an independent and summary remedy designed to and the purpose of its collection;
protect the image, privacy, honor, information, and freedom b. the steps or actions taken by the respondent to
of information of an individual, and to provide a forum to ensure the security and confidentiality of the data or
enforce one’s right to the truth and to informational privacy. information; and
It seeks to protect a person’s right to control information c. the currency and accuracy of the date or
regarding oneself, particularly in instances in which such information held; and
information is being collected through unlawful means in 3. Other allegations relevant to the resolution of the
order to achieve unlawful ends. (Gamboa v. Chan, G.R. No. proceeding.
193636, July 24, 2012)
A general denial of the allegations in the petition shall not be
The writ of habeas data was conceptualized as a judicial allowed. (Sec. 10)
remedy enforcing the right to privacy, most especially the
right to informational privacy of individuals. The writ When is a petition for habeas data dismissible?
operates to protect a person’s right to control information
regarding himself,
information particularly
is being collected in the instances
through unlawfulwhere
meanssuch
in A Habeas
show that Data
therePetition
exists aisnexus
dismissible
betweenif itthe
fails to adequately
right to privacy
order to achieve unlawful ends (Roxas v. Macapagal Arroyo, on the one hand, and the right to life, liberty or security on
G.R. No. 189155, September 7, 2010). the other. Moreover, it is equally dismissible if it is not
supported by substantial evidence showing an actual or
Who may file the petition? threatened violation of the right to privacy in life, liberty or
security of the victim. (Joy Margate Lee vs. P/Supt. Neri A.
Any aggrieved party may file a petition for the writ of habeas Ilaga G.R. No. 203254, October 08, 2014)
data.
What are the instances when the petition may be heard in
However, in cases of extralegal killings and enforced chambers?
disappearances, the petition may be filed by:
a. Any member of the immediate family of the aggrieved A hearing in chambers may be conducted:
party, namely: the spouse, children and parents; or 1. Where the respondent invokes the defense that the
b. Any ascendant, descendant or collateral relative of the release of the data or information in question shall
aggrieved party within the fourth civil degree of compromise national security or state secrets, or
consanguinity or affinity, in default of those mentioned 2. When the data or information cannot be divulged to the
in the preceding paragraph (Sec. 2) public due to its nature or privileged character. (Sec. 12)
i. a.RTC
Where petitioner resides; or When a for
petition criminal action
the writ, the is filedshall
latter subsequent to the filing
be consolidated withof a
the
b. Where respondent resides; or criminal action.
c. Which has jurisdiction over the place where the data
or information is gathered, collected or stored, at the When a criminal action and a separate civil action are filed
option of the petitioner. subsequent to a petition for a writ of habeas data, the petition
ii. SC, CA, SB (when action concerns public data files of shall be consolidated with the criminal action. (Sec. 21)
government offices). (Sec. 4)
46
UST LAW PRE-WEEK NOTES 2017
The filing of a petition for the writ of habeas data shall not 1. Name of the accused;
preclude the filing of separate criminal, civil or administrative 2. Designation of the offense given by the statute;
actions. (Sec. 20) 3. Acts or omissions complained of as constituting the
offense;
CRIMINAL PROCEDURE 4. Name of the offended party;
5. Approximate date of the commission of the offense; and
6. Place where the offense was committed.
What are the requisites for the exercise of criminal
(Sec. 6, Rule 110)
jurisdiction?
---
1. Jurisdiction over the subject matter;
2. Jurisdiction over the territory; and The Office of the Ombudsman filed two (2) informations
3. Jurisdiction over the person of the accused. charging Disini in the Sandiganbayan with corruption of
public officials penalized under the Revised Penal Code
INJUNCTION TO RESTRAIN CRIMINAL PROSECUTION and with a violation of R.A. No. 3019 or the Anti-Graft and
Corrupt Practices Act. Disini filed a motion to quash,
GR: The long-standing doctrine that writs of injunction or alleging that the information did not conform to the
prohibition will not lie to restrain a criminal prosecution for
prescribed form. Is Disini’s contention correct?
the reason that public interest requires that criminal acts be
immediately investigated and prosecuted for the protection NO. It is axiomatic that a complaint or information must state
of society. (Domingo v. Sandiganbayan, G.R. No. 109376, every single fact necessary to constitute the offense charged;
January 20, 2000) otherwise, a motion to dismiss or to quash on the ground that
the complaint or information charges no offense may be
XPNs: properly sustained. The test does not require absolute
1. To prevent the use of the strong arm of the law in an certainty as to the presence of the elements of the offense;
oppressive and vindictive manner (Ibid.); otherwise, there would no longer be any need for the
2. To afford adequate protection to constitutional rights Prosecution to proceed to trial. The information for
(Ibid.); corruption of public officials and violation of Section 4(a) of
3. For the orderly administration of justice (Hernandez v. RA No. 3019 have sufficiently complied with the
Albano, G.R. No. 19272, requirements of Section 6, Rule 110 of the Rules of Court.
January 25, 1967) ; (Disini v. Sandiganbayan, G.R. Nos. 169823-24, September 11,
4. To avoid multiplicity of actions (Ibid.); 2013,Bersamin, J.)
5. In proper cases, because the statute relied upon is
unconstitutional, or was held invalid (Ibid.); ---
6. When the acts of the officer are without or in excess of
authority (Planas v. Gil, G.R. No. L-46440, January 18, N
CONTROL OF PROSECUTIO
1939);
7. When the court has no jurisdiction over the offense Who controls the prosecution of criminal actions?
(Lopez v. City Judge, G.R. No. L-25795, October 29, 1966)
;
8. When there is a prejudicial question which is sub judice GR: The public prosecutor shall prosecute, direct and control
(before a court or judge for consideration); all criminal actions commenced by a complaint or
9. Where the prosecution is under an invalid law, information.
ordinance or regulation;
10. When double jeopardy is clearly apparent; XPN: The private prosecutor (private counsel) may prosecute
11. Where it is a case of persecution rather than the case provided that:
prosecution;
12. Where the charges are manifestly false and motivated 1. The public prosecutor has heavy work schedule; or
by lust for vengeance; and 2. There is lack of public prosecutors;
13. Where there is clearly no prima facie case against the 3. The private prosecutor must be authorized in writing by
accused and a motion to quash on that ground has been the Chief Prosecution Office or Regional State
denied. Prosecution; and,
4. Such will be subject to the court’s approval. (Sec. 5, Rule
PROSECUTION OF OFFENSES 110)
RULE 110
What are the matters within the control and supervision of
How are criminal actions instituted? the prosecutor?
1. Filing the complaint with the proper officer for the 1. What charge to file;
purpose of conducting the requisite preliminary 2. Whom to prosecute;
investigation for offenses where a preliminary 3. Manner of prosecution; and
investigation is required; or 4. Right to withdraw information before arraignment even
2. For all other offenses, by filing the complaint or without notice and hearing.
information directly with the MTC and MCTC, or the
complaint with the office of the prosecutor. NOTE: Once a complaint or information is filed in court, any
(Sec. 1, Rule 110) disposition of the case as its dismissal or the conviction or
acquittal of the accused rests in the sound discretion of the
SUFFICIENCY OF COMPLAINT OR INFORMATION court. Although the fiscal retains the direction and control of
the prosecution of criminal cases even while the case is
It is fundamental that every element of which the offense is already in court, he cannot impose his opinion on the trial
comprised must be alleged in the information. (Estrellado- court.
Mainar vs. People; GR No. 184320; July 29, 2015)
47
REMEDIAL LAW
48
UST LAW PRE-WEEK NOTES 2017
2. Independent civil actions or those based on Arts. 32, and that there existed a prejudicial question necessitating
33, 34 and Art. 2176 of the NCC or quasi-delict. the suspension of the criminal action until after the issue
(Herrera, 2007) on the liability of the BF Homes was first determined by the
SEC en banc or by the HLURB. Does the administrative case
NOTE: The failure to reserve the right to file the enumerated for specific performance in the HLURB raise a prejudicial
actions does not amount to a waiver to institute a separate question?
civil action. (Herrera, 2007)
YES. The determination of whether the proceedings ought to
SUSPENSION OF THE SEPARATE CIVIL ACTION be suspended because of a prejudicial question rested on
whether the facts and issues raised in the pleadings in the
When is a separate civil action suspended? specific performance case were so related with the issues
raised in the criminal complaint for the violation of P.D. No.
GR: If the civil action is instituted before the institution of the 957, such that the resolution of the issues in the former
criminal action, the pending civil action, in whatever stage it would be determinative of the question of guilt in the
may be found, shall be suspended until final judgment of the criminal case. The action for specific performance in the
criminal action has been rendered. (Sec. 2, Rule 111) HLURB would
Properties determine
was legally whether
entitled or the
to demand notdelivery
San Miguel
of the
XPNs: remaining TCTs, while the criminal action would decide
1. In cases of independent civil actions based on Arts. 32, whether or not BF Homes’ directors and officers were
33, 34 and 2176 of the Civil Code; criminally liable for withholding the TCTs. The resolution of
2. In cases where the civil action presents a prejudicial the former must obviously precede that of the latter, should
question; and, the HLURB hold San Miguel Properties to be not entitled to
3. Where the civil action is not one intended to enforce the delivery of the TCTs because Atty. Orendain did not have
the civil liability arising from the offense. the authority to represent BF Homes in the sale due to his
receivership having been terminated by the SEC, the basis for
PREJUDICIAL QUESTION the criminal liability for the violation of P.D. No. 957 would
evaporate, thereby negating the need to proceed with the
What is a prejudicial question? criminal case. (San Miguel Properties, Inc. v. Perez, G.R. No.
166836, September 4, 2013, Bersamin, J.)
It is an issue involved in a civil action which is similar or
intimately related to the issue raised in a criminal action, the ---
resolution of which determines whether or not the criminal
action may proceed. RULES ON FILING FEES
NOTE: The prejudicial question may be raised during the 1. Actual damages
preliminary investigation of the offense or in court before the
GR: No filing fee is required.
prosecution rests its case.
The petition for suspension by reason of prejudicial question XPN: B.P. 22 cases, wherein the amount of the filing fees
is filed with the Office of the Prosecutor or court where the shall be equivalent to the amount of the check involved.
criminal action has been filed for trial at any time before the
prosecution rests. (Sec. 6, Rule 111) 2. Liquidated, moral, nominal, temperate or exemplary
damages – The filing fee shall be based on the amount
What are the elements of a prejudicial question? alleged in the complaint or information. [Sec. 1(4), Rule
111]
1. The civil action must be instituted prior to the criminal
action;
2. The civil action involves an issue similar or intimately PRELIMINARY INVESTIGATION
related to the issue raised in the subsequent criminal RULE 112
action; and,
3. The resolution of such issue determines whether or not When is preliminary investigation required? (2004 Bar)
the criminal action may proceed. (Sec. 7, Rule 111)
Preliminary Investigation is required to be conducted before
NOTE: For the principle of prejudicial question to apply, it is filing of complaint or information for an offense where the
essential that there be two cases involved, invariably a civil penalty prescribed by law is at least 4 years, 2 months and 1
case and a criminal case. If the two cases are both civil or if day without regard to fine.
they are both criminal, the principle does not apply. The law
When is preliminary investigation not required?
limits a prejudicial
action not question
to a subsequent one.to a previously instituted civil
A preliminary investigation shall not be required under the
--- following:
1. When the penalty prescribed by law for the offense
San Miguel Properties (SMP) purchased from BF Homes involves an imprisonment of less than 4 years, 2
130 residential lots situated in its subdivision BF Homes months and 1 day; and,
Parañaque. BF Homes, however, refused to deliver the 20 2. If a person is arrested lawfully without a warrant
TCTs despite demands. Thus, SMP filed a complaint- involving an offense which requires preliminary
affidavit with the Office of the City Prosecutor charging the investigation, an information or complaint may be
directors and officers of BF Homes with non-delivery of filed against him without need for a preliminary
titles in violation of Section 25, in relation to Section 39, investigation provided an inquest has been conducted
both of P.D. No. 957. At the same time, SMP sued BF Homes in accordance with existing rules. (Sec. 6 Rule 112 as
for specific performance in the HLURB praying to compel amended by A.M. No. 05-08-26-SC, August 30, 2005)
BF Homes to release the 20 TCTs in its favor. The OCP
dismissed the criminal complaint on the ground that the
implementation of the provisions of P.D. No. 957
exclusively pertained under the jurisdiction of the HLURB
49
REMEDIAL LAW
When is the right to preliminary investigation waived? information. It is not yet a trial on the merits, for its only
purpose is to determine whether a crime has been committed
While the right to preliminary investigation is a substantive and whether there is probable cause to believe that the
right and not a mere formal or technical right of the accused, accused is guilty thereof. The scope of the investigation does
nevertheless, the right to preliminary investigation is deemed not approximate that of a trial before the court; hence, what
waived when the accused fails to invoke it before or at the is required is only that the evidence be sufficient to establish
time of entering a plea at arraignment. (People v. Buluran, G.R. probable cause that the accused committed the crime
No. 113940, February 15, 2000) charged, not that all reasonable doubt of the guilt of the
accused be removed. (Enrile v. Manalastas, G.R. No. 166414,
NOTE: The waiver, whether express or implied, must be in a October 22, 2014, Bersamin, J.)
clear and unequivocal manner. (Herrera, 2007)
---
What are the remedies available to the accused if there
was no preliminary investigation conducted pursuant to a
lawful warrantless arrest? Summary of the remedies available to the aggrieved
50
UST LAW PRE-WEEK NOTES 2017
3. If production of the detained person will involve security When is a warrant of arrest NOT necessary?
risks; or,
4. If the presence of the detained person is not feasible by 1. Accused is already under detention;
reason of age, health, sex and other similar factors. (Sec. 2. Complaint or information was filed pursuant to a valid
6, Part II, Manual for Prosecutors) warrantless arrest; and,
3. Complaint or information is for an offense penalized by
ARREST fine only. (Sec. 5(c), Rule 112)
RULE 113
What are the instances of a valid warrantless arrest?
The issuance by the trial court of the warrant of arrest upon
filing of the information and supporting papers implies the 1. When in the presence of the arresting person, the person
determination of probable cause for the offense charged. to be arrested has committed, is actually committing or
(Balindong vs. CA; G.R. No. 177600, October 19, 2015) is attempting to commit an offense (in flagrante delicto
arrest);
How is arrest effected?
51
REMEDIAL LAW
that No.
G.R. the 213847,
accused appears
August 18, 2015)(Enrile vs. Sandiganbayan;
at trial. offenses
Procedurefalling
shall under the Revised
be released Rule on Summary
on recognizance to the
custody of their parents or other suitable person who
Basis of the right to bail shall be responsible for the juveniles’ appearance in
court whenever required. (Sec. 15, A.M. No. 02-1-18-SC)
The right to bail flows from the right to be presumed
innocent. It is accorded to a person in the custody of the law ---
who may be allowed provisional liberty upon filing of a
security to guarantee his appearance before any court, as Enrile and several others were charged with plunder in the
required under specified conditions. (Tanog vs. Balindong; Sandiganbayan on the basis of their purported
G.R. No. 187464, November 25, 2015) involvement in the diversion and misuse of appropriations
under the Priority Development Assistance Fund (PDAF).
When can the court increase or decrease the amount of On the same day that the warrant for his arrest was
bail? issued, Enrile voluntarily surrendered. Consequently,
Enrile filed a Motion to Fix Bail which was likewise denied
After the accused is admitted to bail, the court may, upon by the Sandiganbayan. Is Enrile entitled to bail?
good cause, either increase or reduce its amount. When
increased, the accused may be committed to custody if he YES. The Sandiganbayan arbitrarily ignored the objective of
does not give bail in the increased amount within a bail to ensure the appearance of the accused during the trial;
reasonable period. (Sec. 20, Rule 114) and unwarrantedly disregarded the clear showing of the
fragile health and advanced age of Enrile. As such, the
When is bail a matter of discretion? Whether bail is a matter of right or of discretion, reasonable
notice of hearing is required to be given to the prosecutor or
52
UST LAW PRE-WEEK NOTES 2017
guilt is strong, regardless of the stage of the criminal 3. Latest clearance from the National Bureau of
prosecution. Investigation; and,
4. Clearance from the court or appropriate government
What are the duties of the trial judge in an application for agency when applicable.
bail in offenses punishable by reclusion perpetua, life
imprisonment or death? ARRAIGNMENT AND PLEA
RULE 116
1. Reasonably notify the prosecutor of the hearing of the
application for bail or require him to submit his Grounds for suspension of arraignment
recommendation (Sec. 18, Rule 114);
2. Conduct a hearing of the application for bail regardless Upon motion by the proper party, the arraignment shall be
of whether or not the prosecution refuses to present suspended in the following cases:
evidence to show that the guilt of the accused is strong 1. The accused appears to be suffering from an
for the purpose of enabling the court to exercise its unsound mental condition which effectively renders him
sound discretion (Secs. 7 and 8, Rule 114); unable to fully understand the charge against him and
3. Decide
strong whether
based onthetheevidence
summaryof guilt of the accused
of evidence is
of the 2. to plead intelligently
There thereto;
exists a valid prejudicial question;
prosecution (Baylon v. Sison, A.M. No. 92-7-360-0, April 3. A petition for reviewof the resolution of the
6, 1995);and, prosecutor is pending at the Department of Justice or
4. If the guilt of the accused is not strong, discharge the the Office of the President (Sec. 11, Rule 116);
Provided
accused upon the approval of the bail bond. Otherwise, that the period of suspension shall not exceed 60 days
petition should be denied (Sec. 19, Rule 114). counted from the filing of the petition; and,
4. There are pending incidents such as:
FORFEITURE AND CANCELLATION OF BAIL a. Motion to Quash
b. Motion for Inhibition
Effects of failure of the accused to appear in court when so c. Motion for Bill of Particulars
required
NOTE: The period of suspension shall not exceed sixty (60)
1. The bail shall be declared forfeited; and, days counted from the filing of the petition with the
2. The bondsmen are given 30 days within which to: reviewing office. (Sec. 11, Rule 116)
a. Produce the body of their principal or give the
reason for his non-production; and, When should a plea of not guilty be entered?
b. Explain why the accused did not appear before the
court when first required to do so. (Sec. 21, Rule 1. When the accused so pleaded;
114) 2. When he refuses to plead (Sec. 1(c))
;
3. When he enters a conditional plea of guilty (Sec. 1(c))
;
Remedy of a person who is not the same person whose NOTE: No amendment of complaint or information is
name appears in the Hold Departure Order/Watch List necessary (Sec. 2).A conviction under this plea shall be
Order equivalent to a conviction of the offense charged for
purposes of double jeopardy. (People v. Magat, G.R. No.
Any person who is prevented from leaving the country 130026, May 31, 2000)
because his/her name appears to be the same as the one that
appears in the HDO/WLO may upon application under oath 3. After prosecution rests– Allowed only when the
obtain a Certification to the effect that said person is not the prosecution does not have sufficient evidence to
same person whose name appears in the issued HDO/WLO establish guilt for the crime charged.
upon submission of the following requirements:
1. Affidavit of Denial; When is a plea considered an improvident plea?
2. Photocopy of the page of the passport bearing the
personal details; 1. Plea of guilty was compelled by violence or
intimidation;
53
REMEDIAL LAW
2. The accused did not fully understand the meaning and XPNs:
consequences of his plea; 1. Double jeopardy; or,
3. Insufficient information to sustain conviction of the 2. Criminal liability is extinguished.(Sec. 6, Rule 117)
offense charged;
4. Information does not charge an offense; or, NOTE: The prohibition against double jeopardy refers to the
5. Court has no jurisdiction. same offense and not to the same act. The offense charged in
the two prosecutions must be the same in law and in fact,
Preliminary Investigation, Inquest proceeding and because the same acts may be violative of two or more
Arraignment provisions of the criminal law.
Preliminary Inquest Arraignment Effect of double jeopardy on the civil aspect of the case
investigation proceeding
Conducted to To determine To inform the The offended party and the accused may appeal the civil
determine whether the accused of the aspect of the case because the concept of double jeopardy
probable cause. accused should nature of the evidently has reference only to the criminal case and has no
remain under accusation against effect on the civil liability of the accused. (Riano, 2011)
custody and be him.
charged in Does double jeopardy apply to administrative cases?
court.
The rule on double jeopardy does not apply to a controversy
SEARCHING INQUIRY where one is an administrative case and the other is criminal
in nature. (Riano, 2011, citing Icasiano v. Sandiganbayan, G.R.
The court must conduct a searching inquiry. The inquiry is No. 95642, May 28, 1992)
not a simple question and answer exercise; it must be
searching. To search means to look into or over carefully or Motion to quash vs. Demurrer to evidence
thoroughly in an effort to find something. This looking into
carefully and thoroughly, in the matter under consideration, Motion to quash Demurrer to evidence
must be focused on: (1) the voluntariness of the plea; and (2) Filed before the defendant Filed after the prosecution
the full comprehension of the consequences of said plea enters his plea. has rested its case.
(People v. Chua, G.R. No. 137841, October 1, 2001)
.
Does not go into the merits Based on the ground of
Purpose of searching inquiry of the case but is anchored insufficiency of evidence
on matters not directly adduced by the
To determine whether the plea of guilty was made voluntarily related to the question of prosecution in support of
and whether the accused understood fully the consequence of guilt or innocence of the the accusation.
his plea. accused.
It is a special pleading filed by the defendant before entering Does not require a prior May be filed by the
his plea, which hypothetically admits the truth of the facts leave of court. accused either with leave
spelled out in the complaint or information and, if duly or without leave of court.
proved, would preclude further proceedings. (Look for case
definition) PRE-TRIAL
RULE 118
Grounds to quash the complaint or information (18 times
asked in the Bar) Matters to be considered during pre-trial
54
UST LAW PRE-WEEK NOTES 2017
What is the effect of non-appearance of counsel for the 10. All habeas corpuscases decided by the first level courts
accused or the prosecutor during the pre-trial without in the absence of the RTC judge that are brought up on
valid justification? appeal from the special jurisdiction granted to the first
level courts.
The court may impose proper sanctions or penalties in the
form of reprimand, fines or imprisonment the counsel does TRIAL
not offer an acceptable excuse for his lack of cooperation. RULE 119
(Sec. 3, Rule 118; Sec. 5, Speedy Trial Act)
When does trial commence?
NOTE: Unless otherwise required by the court, personal
appearance of the accused at the conference is not 1. After a plea of not guilty is entered, the accused shall
indispensable. have at least 15 days to prepare for trial. The trial shall
commence within 30 days from receipt of pre-trial order.
What is the rule on pre-trial agreement? (Sec. 1, Rule 119)
2. If the accused is to be tried again pursuant to an order of
All
the agreements or admissions
pre-trial conference shall made or entered
be reduced into during
in writing and a new trial,
notice of thethe trialgranting
order shall commence within
a new trial (Sec. 30 days from
5, Rule 119).
signed by the accused and counsel, otherwise the same
cannot be used against the accused. (Sec. 2, Rule 118) NOTE:Under Sec. 7 of the Rule 114, accused is entitled as for
right to at least two days to prepare for trial. Denial of this
When is plea-bargaining not applicable? right to prepare is reversible error; the proper remedy from a
judgment of conviction under such case is appeal and not
Plea bargaining is inapplicable in violations of the Dangerous certiorari nor habeas corpus. (Montilla v. Arellano, G.R. No.
Drugs Act regardless of the imposable penalty (Sec. 23, RA 123872, January 30, 1998)
9165).
What is reverse trial and when may it be resorted to?
Pending deliberation on whether or not to adopt the (2007 Bar)
statutory provision in toto or a qualified version thereof, we
deem it proper to declare as invalid the prohibition against When the accused admits the act or omission charged in the
plea bargaining on drug cases until and unless it is made part complaint or information but interposes a lawful defense, the
of the rules of procedure through an administrative circular trial court may allow the accused to present his defense first
duly issued for the purpose. (Estipona, Jr. v. Hon. Frank E. and thereafter give the prosecution an opportunity to present
Lobrigo, G.R. No. 226679, August 15, 2017) its rebuttal evidence. A departure from the order of the trial is
not reversible error as where it was agreed upon or not
What should the court do when prosecution and offended seasonably objected to, but not where the change in order of
party agree to the plea offered by the accused? the trial was timely objected by the defense.
Tagapagkasundo
Pambarangay Law ; under the Revised Katarungang required
dismissedby Sec. 1(g),
on motion Rule
of the 116, on
accused thethe
information may be
ground of denial of
4. The civil aspect of quasi-offenses; his right to speedy trial. (Sec. 9, Rule 117)
5. The civil aspect of less grave felonies punishable by
correctional penalties not exceeding 6 years Requisites before trial can be suspended on account of
imprisonment where the offended party is a private absence of witness
person;
6. The civil aspect of estafa, theft and libel; The following must be present:
7. All civil cases and probate proceedings, testate and 1. Witness is essential and appears to the court to be so;
intestate, brought on appeal from the exclusive and 2. His absence is brought by either of the following:
srcinal jurisdiction granted to the first level courts; a. His whereabouts are unknown; or,
8. All cases of forcible entry and unlawful detainer brought b. His whereabouts cannot be determined by due
on appeal from the exclusive and srcinal jurisdiction diligence.
granted to the first level courts;
9. All civil cases involving title to or possession of real Requisites before an accused may become a State witness
property or an interest therein brought on appeal from
the exclusive and srcinal jurisdiction granted to the The trial court must be satisfied that:
first level courts; and,
55
REMEDIAL LAW
1. There is absolute necessity for the testimony of the The motion for leave of court
accused whose discharge is requested; to file a demurrer to
2. There is no other direct evidence available for the proper evidence shall specifically
prosecution of the offense committed, except the state its grounds and shall be
testimony of the said accused; filed within a non-extendible
3. The testimony of said accused can be substantially period of 5 days after the
corroborated in its material points; prosecution rests its case.
4. Said accused does not appear to be the most guilty; and, The prosecution may oppose
5. Said accused has not at any time been convicted of any the motion within a non-
offense involving moral turpitude. (Sec. 17, Rule 119) extendible period of 5 days
from its receipt.
Effects of the discharge of an accused as state witness
If leave of court is granted,
1. Discharge of accused operates as an acquittal and bar the accused may file the
to further prosecution for the same offense (Sec. 18, demurrer to evidence within
A demurrer to evidence is actually a motion to dismiss that is What are the requisites of a valid judgment?
filed by the accused after the prosecution has rested its case.
It must be:
The demurrer to evidence in criminal cases is “filed after the 1. Written in official language;
prosecution had rested its case” and when the same is 2. Personally and directly prepared by the judge;
granted, it calls for an appreciation of the evidence adduced 3. Signed by the judge; and,
by the prosecution and its sufficiency to warrant conviction 4. Contain clearly and distinctly a statement of the facts and
beyond reasonable doubt, resulting in a dismissal of the case the law upon which it is based. (Sec. 1, Rule 120)
on the merits, tantamount to an acquittal of the accused. Such
dismissal of a criminal case by the grant of demurrer to NOTE: The jurisdictional requirements before a judgment
evidence mayinnot
the accused be appealed,
double for The
jeopardy. to doverdict
so would be toone
being place
of may be validly rendered are jurisdiction over the subject
matter, territory and the person of the accused. (Antiporda, Jr.
acquittal, the case ends there. (Asistio Y Consino vs. People; v. Garchitorena, G.R. No. 133289, December 23, 1999)
G.R. No. 200465; 20 April 2015)
What are the instances when judgment may be
promulgated even if the accused is not present?
1. A judgment of acquittal.
Effect of filing a demurrer with leave of court v. Filing a 2. Judgment is for a light offense, in which case judgment
demurrer without leave may be promulgated in the presence of the counsel for
the accused or a representative.
Demurrer With Leave of Demurrer Without Leave 3. Accused fails to attend the promulgation despite due
Court of Court notice or if he jumped bail or escaped from prison. Notice
If leave of court is denied, If demurrer to evidence is must be given to the bondsmen, warden, accused’s bailor
the accused may proceed denied, it is tantamount to a and counsel (Sec. 6, Rule 120)
with the presentation of his waiver of the accused’ s right
evidence. to present evidence and as a FINALITY OF JUDGMENT
consequence the case will be
submitted for judgment on When does judgment become final?
the basis of the evidence for
the prosecution. 1. After the lapse of time for perfecting an appeal;
56
UST LAW PRE-WEEK NOTES 2017
Grounds: Grounds:
1. Errors of law or irregularities prejudicial to the 1. Errors of law; or,
substantial rights of the accused have been 2. Errors of fact. (Sec. 3, Rule 121)
committed during the trial.
2. New and material evidence has been discovered NOTE: The principle underlying this rule is to afford the
which the accused could not, with reasonable trial court the opportunity to correct its own mistakes
diligence, have discovered and produced at the and to avoid unnecessary appeals from being taken. The
trial and which if introduced and admitted would grant by the court of reconsideration should require no
probably change the judgment. (Sec. 2, Rule 121) further proceedings, such as taking of additional proof.
3. Other grounds which the court may consider in the
exercise of its jurisdiction:
a. Negligence or incompetency of counsel or mistake which is
so gross amounting to deprivation of the substantial rights of
the accused and due process (Aguilar v. CA GR No. 114282,
b. November
Recantation28,of1995);
a witness where there is no evidence
sustaining the judgment of conviction other than the
testimony of such witness (Tan Ang Bun v. CA G.R. No. L-
47747, February 15, 1990) ;
c. Improvident plea of guilty which may be withdrawn;
d. Disqualification of attorney de officioto represent accused in
trial; and,
e. Interest of justice (Sec. 6, Rule 121
)
NOTE: A new trial may be granted at any time before the for .the
NO TheRTC
failure to file the
to dismiss thememorandum
appeal only inon appeal
civil is The
cases. a ground
same
judgment of conviction becomes final: rule does not apply in criminal cases, because Section 9(c),
1. On motion of the accused. Rule 122 of the Rules of Court imposes on the RTC the duty to
2. On motion of the court but with consent of the accused. decide the appeal "on the basis of the entire record of the case
and of such memoranda or briefs as may have been filed"
What is meant by the Fresh Period Rule? upon the submission of the appellate memoranda or briefs, or
upon the expiration of the period to file the same. Hence, the
A fresh period of 15 days to appeal is counted from the denial dismissal of the Sanico’s appeal cannot be properly premised
of the motion for reconsideration or new trial. (Neypes v. CA, on the failure to file the memorandum on appeal. (Sanico v.
G.R. No. 141524, September 14, 2005) Court of Appeals, G.R. No. 198753, March 25, 2015, Bersamin,
J.)
NOTE:The reason for the "fresh period rule" is to standardize
the appeal period provided in the Rules and do away with the ---
confusion as to when the 15-day appeal period should be
counted. Pedro Buado y Cipriano Jr. was found guilty by the RTC of
Valenzuela of two counts of rape committed against his
Instances where fresh period rule is inapplicable: two minor daughters, 10 years old and 8 years old. He was
sentenced to suffer in each case the death penalty. He
1. It is settled that the “fresh period rule” applies only to elevated the case to the Court of Appeals (April 27, 2005).
judicial appeals and not to administrative appeals (San The CA affirmed the conviction, but reduced the death
Lorenzo Ruiz Builders and Developers Group, Inc. and Oscar penalty
(1) Did to reclusion
the perpetua.
court erred Hence, the
in convicting the accused-appelant
appeal.
Violago v. Ma. Cristina F. Bayang, G.R. No. 194702, April 20,
2015). of the crime charged despite the fact that his guilt was
not proven beyond reasonable doubt?
2. Appeal is filed out of time. Neypes is inapplicable to the (2) Did the trial court gravely erred in imposing the death
present case, although procedural laws may be given penalty upon the accused-appellant despite the
retroactive effect to actions pending and undetermined at the prosecution’s failure to prove the special qualifying
time of their passage; there being no vested rights in the rules circumstances of relationship and minority?
of procedure, said retroactive application of procedural rule
does not extend to actions that have already become final and (1) NO. The trial records entirely supported the lower
executory, like the Order of the trial court in the instant case. court’s findings in favor of the credibility of the two
(National Power Corporation vs. Laohoo, 593 SCRA 564, July daughters’ recollections. On the other hand, the accused
23, 2009 ) did not bring to the Court’s attention any facts and
--- circumstances of weight that, if properly considered,
would change the result into one favorable to him.
Sanico and Batiquin were convicted by the MCTC of the Moreover, long silence and delay in reporting the crime
crimes of trespassing and theft of minerals. Sanico’s of rape to the proper authorities have not always been
counsel filed a notice of appeal in the MCTC. Consequently, considered as an indication of a false accusation. The
57
REMEDIAL LAW
Court discussed that, the essence of rape is the carnal Warrant of Arrest vs. Search Warrant
knowledge of a female either against her will (through
force or intimidation) or without her consent (where the Warrant of Arrest Search Warrant
female is deprived of reason or otherwise unconscious, Order directed to the peace
Order in writing in the name
or is under 12 years of age, or is demented). The accused officer to execute the warrant
of the People of the
may then be convicted solely on the basis of the victim’s by taking the person stated
Philippines signed by the
credible, natural and convincing testimony. therein into custody so that
judge and directed to the
he may be bound to answer peace officer to search
(2) During the trial, the Prosecution adduced no evidence to for the commission of the personal property described
establish the minority of one of the raped daughters in offense. therein and to bring it to
Crim. Case No. 912-V-99. Hence, the court concurs with court.
the CA’s conclusion that the accused could not be Does not become stale. Validity is for 10 days only.
properly found guilty of qualified rape. Accordingly, the May be served on any day To be served only in daytime
CA correctly prescribed Reclusion Perpetua as the and at any time of day or unless the affidavit alleges
penalty. night. that the property is on the
On the other hand, in Crim. Case No. 974-V-99, it person or in the place to be
searched.
sufficiently stated the minority of the other daughter and Searching examination of The judge must personally
her being a legitimate daughter of the accused. witnesses is not necessary. conduct an examination of
Accordingly, the CA correctly affirmed the penalty of the complainant and the
death. witnesses.
Judge is merely called upon to Examination must be
But, with the intervening passage on June 24, 2006 of examine and evaluate the probing. Not enough to
R.A. No. 9346, the imposition of the death penalty has report of the prosecutor and merely adopt the questions
become prohibited. Thus, the retroactive application of the evidence. and answers asked by a
the prohibition against the death penalty must be made previous investigator.
here because it is favorable to the accused. (People v.
Buado, Jr. y Cipriano, G.R. No. 17063, January 8, 2013, NOTE: In general, the requirements for the issuance of a
Bersamin, J.) search warrant are more stringent than the requirements for
--- the issuance of a warrant of arrest. The violation of the right
to privacy produces a humiliating effect which cannot be
SEARCH AND SEIZURE rectified anymore. This is why there is no other justification
RULE 126 for a search, except a warrant. On the other hand, in a
warrant of arrest, the person to be arrested can always post
What is a general warrant? bail to prevent the deprivation of liberty (See also: Dr.
Nemesio E. Prudente v. The Hon. Executive Judge Abelardo M.
A
notgeneral warrant
particularize theispersonal
one which vaguely to
properties describes
be seizedand does
without Dayrit, RTC Manila, Branch 33 And People Of The Philippines,
G.R. No. 82870, December 14, 1989
).
definite guidelines to the searching team as to what items
might be lawfully seized, thus giving the officers of the law What is the extent of a search incident to lawful arrest?
discretion regarding what articles they should seize.
This includes searching the person who is arrested, in order
Is a general warrant valid? to find and seize the things connected with the crime as fruits
or as the means by which it was committed.
No. A general warrant is not valid as it infringes on the
constitutional mandate requiring particular description of the What are the personal properties that can be a subject of a
things to be seized. search warrant?
What are the requisites before a warrant may be issued? What are objects subject to seizure during a search
incidental to an arrest of a person even without a search
1. It must be issued upon probable cause; warrant? (2003 Bar)
2. Probable cause must be determined by the issuing judge
personally; 1. Dangerous weapons; and,
3. The judge must have personally examined, in the form of 2. Anything which may be used as proof of the commission
searching questions and answers, the applicant and his of an offense.
witnesses;
4. The warrant issued must particularly describe the place NOTE: In searches incident to lawful arrest, the arrest must
to be searched and the persons or things to be seized; precede the search and the process cannot be reversed,
and unless the police officers have probable cause to make the
5. It must be in connection with one specific offense; and, arrest at the outset of the search.
6. The sworn statements together with the affidavits
submitted by witnesses must be attached to the record. What are the exceptions to the search warrant
(Prudente v. Dayrit, G.R. No. 82870, December 14, 1989) requirement?
NOTE:The warrant must not have been issued more than 10 1. Search incident to lawful arrest;
days prior to the search made pursuant thereto. 2. Plain view doctrine;
3. Immediate control test;
4. Consented search (waiver of right);
5. Search of moving vehicle;
58
UST LAW PRE-WEEK NOTES 2017
6. Checkpoints; body checks in airports; A valid “stop” by an officer requires that he has a reasonable
7. Stop and frisk situations (Terry doctrine); belief that a criminal activity has happened or is about to
8. Enforcement of custom laws; happen. The “frisk” made after the “stop” must be done
9. Exigent and emergency circumstances; and, because of a reasonable belief that the person stopped is in
10. Inspection of buildings and other premises for the possession of a weapon that will pose danger to the officer
enforcement of fire, sanitary, and building regulations. and other. (Riano, 2011)
What is the Plain View Doctrine? NOTE: The officer may search the outer clothing of the
person in an attempt to discover weapons which might be
Objects falling in the plain view of an officer has a right to be used to assault him. (Manalili v. CA, G.R. No. 113447, October 9,
in the position to have that view are subject to seizure and 1997)
may be presented as evidence.
Police officers must not rely on a single suspicious
For the doctrine to apply, the following requisites must be circumstance. There should be presence of more than one
met: seemingly innocent activity, which, taken together, warranted
a. s a reasonable
Gonzales inference
vs. People; G.R.ofNo.
criminal activity.
205926, July 22,(Comerciante
2015) y
What does the ‘inadvertence’ requirement under the plain
view doctrine mean? What is the effect of an illegal search and seizure?
It means that the officer must not have known in advance of Fruit of the poisonous tree doctrine– The effect of an illegal
the location of the evidence and intend to seize it. Discovery search and seizure is the exclusion of the evidence obtained
should not be anticipated. (United Laboratories v. Isip, G.R. No. from being used against the person whose rights were
163858. June 28, 2005) violated by the search.
The plain view doctrine does not apply where officers did not What are the remedies against an unlawful search and/or
just accidentally discover the evidence but actually searched seizure?
for it. The plain view doctrine may not be used to launch
unbridled searches and indiscriminate seizures or to extend a 1. Motion to quash the search warrant;
general exploratory search made solely to find evidence of 2. Motion to suppress as evidence the objects illegally taken
defendant’s guilt. (Valeroso v. CA, G.R. No. 164815, September (exclusionary rule – any evidence obtained through
3, 2009) unreasonable searches and seizures shall be inadmissible
for any purpose in any proceeding);
--- 3. Replevin, if the objects are legally possessed; and
4. Certiorari, where the search warrant is a patent nullity.
Acting on a tip by an informant, a buy bust operation was
NO. PO1 Dimla failed to allege that the marking was done in The provisional remedies in civil actions, insofar as they are
the presence of Gonzales or upon his arrest and who took applicable, may be availed of in connection with the civil
custody of the confiscated item after he marked it. Marking, action deemed instituted with the criminal action. (Sec. 1,
which is the affixing on the dangerous drugs or related items Rule 127)
by the apprehending officer or the poseur-buyer of his initials
or signature or other identifying signs, should be made in the NOTE: If the civil action has been waived, reserved, or
presence of the apprehended violator immediately upon instituted separately, the provisional remedy may not be
arrest. The indeterminateness of the identities of the availed of in the criminal action. Instead, it should be applied
individuals who could have handled the sachet of shabu after for in the separate civil action instituted.
59
REMEDIAL LAW
GR: The Rules of Court shall not apply to: (NICOLE) Collateral matters are matters other than the facts in issue
1. Naturalization Proceedings; and which are offered as a basis for inference as to the
2. Insolvency Proceedings; existence or non-existence of the facts in issue (Regalado,
3. Cadastral Proceedings; Remedial Law Compendium).
4. Other cases as may be provided by law;
5. Land registration cases; and It may be admitted if it tends in any reasonable degree to
6. Election cases establish the probability or improbability of the fact in issue.
(Sec. 4, Rule 128)
XPNs:
1. by analogy; Is there such a thing as multiple admissibility? What are
2. in a suppletory character; and the instances illustrating the same?
3. whenever practicable and convenient(Sec. 4, Rule 1).
Yes. When a proffered evidence is admissible for 2 or more
Distinguish Evidence in civil cases from Evidence in purposes. For instance, a declaration of a dying person may
criminal cases be offered as:
Proof is mere probative effect or result of an evidence; there It allows a party to introduce an otherwise inadmissible
can be proof only because there is evidence. On the other evidence to answer the opposing party's previous
hand, Evidence is a medium of proof, the means of having a introduction of inadmissible evidence if it would remove any
fact proved or disproved. unfair prejudice caused by the admission of the earlier
inadmissible evidence.
What is the difference between Factum Probans and
Factum Probandum? Evidence considered as positive and as negative evidence
Factum Probans : (the evidence) refers to the material/facts An evidence is POSITIVE when a witness affirms that a
evidencing the fact to be established; refers to the probative certain state of facts exists or that a certain event happened.
or evidentiary fact tending to prove the fact in issue. While
Factum Probandum : (what you are supposed to prove, i.e., An evidence is NEGATIVE when a witness states that a certain
the elements of the cause of action); refers to the fact to be event did not occur or that the state of facts alleged to exist
proven, or the fact/proposition to be established. does not actually exist.
What are the Requisites for Admissibility of Evidence? Admissible Evidence and Credible Evidence
1. The evidence is relevantto the issue; and Evidence is admissible when it is relevant to the issue and is
2. The evidence is not excluded by the rules (competent). not excluded by the law or rules. (Sec. 3, Rule 128)
60
UST LAW PRE-WEEK NOTES 2017
The burden of proof lies with the party who asserts his/her reasonable doubt for a judgment of conviction?
right. In a counterclaim, the burden of proving the existence
of the claim lies with the defendant. (Ogawa v. Menigishi, 676 YES. When the identity of the accused is not established
SCRA 14, 21, July 9, 2012) beyond reasonable doubt, acquittal necessarily follows.
Conviction for a crime rests on the strength of the
Presumptions prosecution’s evidence, never on the weakness of that of the
defense (People vs. Jalon, G.R. No. 93729, November 13, 1992)
.
These are inferences of the existence or non-existence of a
fact which courts are permitted to draw from the proof of NOTE: In every criminal prosecution, the prosecution must
other facts (In the matter of the Intestate Estates of Delgado prove two things:
and Rustia, G.R. No. 175733, January 27, 2006).
1. The commission of the crime; and,
NOTE: A presumption shifts the burden of going forward 2. The identification of the accused as the perpetrator of the
with the evidence. It imposes on the party against whom it is crime. What is needed is positive identification made with
directed the burden of going forward with evidence to meet moral certainty as to the person of the offender (People v.
or rebut the presumption (Bautista, 2004, citing Mueller and Maguing, G.R. No. 144090, June 26, 2003).
Kirkpatrick, §3.4.).
Prosecution witnesses positively identified Johnny as the
Effect of a Presumption assailant of Chris. Hence, he was convicted of homicide.
However, he contends that the State failed to present
A party in whose favor the legal presumption exists may rely sufficient evidence against him in court. He sufficed that
on and invoke such legal presumption to establish a fact in should the knifebrothers
time enemies, he held during a fight
Chris and againsthad
Michael, his long-
been
issue. One need not introduce evidence to prove the fact for a
presumption is prima facieproof of the fact presumed (Diesel presented, it would show the difference that Chris’ knife,
Construction, Inc v. UPSI Property Holdings, Inc., G.R. No. although smaller than Johnny’s, had more blood stains but
154937, March 24, 2008). which size fits best on the mortal wound inflicted on
himself. It would thereby be ascertained that Chris
Explain each kind of presumptions of law. accidentally stabbed himself upon losing his balance
during such aggressive fight. Is Johnny’s contention
Conclusive presumptions (presumptions juris et de jure)
are meritorious?
those which are irrebuttable, and any evidence tending to
rebut the presumption is not admissible. This presumption is NO. The non-identification and non-presentation of the
in reality a rule of substantive law (Riano, 2009). weapon actually used in the killing did not diminish the merit
of the conviction on the ground that other competent
Disputable presumptions (presumptions juris tantum)are evidence and the testimonies of witnesses had directly and
those which are satisfactory if uncontradicted, but may be positively identified and incriminated Johnny as the assailant
contradicted and overcome by other evidence (Sec. 3, Rule of Chris. The presentation of the weapon is not a prerequisite
131; Regalado, 2008). for conviction. Positive identification of the accused is
sufficient for the judgment of conviction despite the non-
Classes of conclusive presumptions presentation of the weapon used in the commission of the
offense. Thus, the establishment beyond reasonable doubt of
1. Estoppel in pais(Equitable Estoppel) – Whenever a party Johnny’s guilt for the homicide did not require the production
61
REMEDIAL LAW
Commission On GoodAugust
Al., G.R. No. 180418, Government vs. Luz
28, 2013, Reyes J.)
Bersamin, Bakunawa, Et Circumstantial evidence is sufficient if:
FEBTC filed a case against Chan to recover the unpaid (a) there is more than one circumstance;
balance of the amount fraudulently withdrawn from (b) the facts from which the inferences are derived have been
Chan’s Current Account with the use of his ATM card. It proven; and,
was alleged that at the time of the ATM withdrawal (c) the combination of all the circumstances is such as to
transactions, there was a "system bug" whose nature had produce a conviction beyond reasonable doubt. (Rule 133,
allowed Chan to successfully withdraw funds in excess of Sec. 4; Marie Callo-Claridad v. Philip Ronald P. Esteban And
his current credit balance of P198,511.70; and that Chan Teodora Alyn Esteban, G.R. No. 191567, March 20, 2013)
had taken advantage of the system bug to do the
withdrawal transactions. On his part, Chan denied The pieces of evidence must be consistent with the
liability. Although admitting his physical possession of Far hypothesis that the respondents were probably guilty of the
East Card, he denied making the ATM withdrawals and crime and at the same time inconsistent with the hypothesis
instead insisted that he had been actually home at the time that they were innocent, and with every rational hypothesis
of the withdrawals. He alluded to a possible "inside job" as except that of guilt.
the cause of the supposed withdrawals. The RTC rendered
judgment in favor of FEBTC. Did FEBTC preponderantly The records show that the circumstantial evidence linking
prove Chan’s liability for the supposedly fraudulent Philip to the killing of Chase derived from the bare
withdrawals? recollections of Ariane and of Guray and Corpus respectively,
about seeing Chase board the white Honda Civic at around
NO. Although
physical there was
possession no question
of ATM card atthat
the Chan
time had
of the
the 7:00
driverp.m. of February
of the 27, 2007,
said car. But and nothing
there was about Philip beingthat,
else after the
withdrawals, the exclusive possession of the card alone did because the circumstances revealed by the other witnesses
not suffice to preponderantly establish that he had himself could not even be regarded as circumstantial evidence
made the withdrawals, or that he had caused the withdrawals against Philip. Some of the affidavits were unsworn. The
to be made. In his answer, he denied using the card to statements subscribed and sworn to before the officers of the
withdraw funds from his account on the dates in question, Philippine National Police (PNP) x x x undeniably lacked the
and averred that the withdrawals had been an "inside job." requisite certifications to the effect that such administering
His denial effectively traversed FEBTC’s claim of his direct officers had personally examined the affiants, and that such
and personal liability for the withdrawals, that it would lose administering officers were satisfied that the affiants had
the case unless it competently and sufficiently established voluntarily executed and understood their affidavits. (Marie
that he had personally made the withdrawals himself, or that Callo-Claridad v. Philip Ronald P. Esteban And Teodora Alyn
he had caused the withdrawals. In other words, it carried the Esteban, G.R. No. 191567, March 20, 2013, Bersamin, J.)
burden of proof. ( Far East Bank Trust Company, vs. Roberto
Mar Chante, A.K.A. Robert Mar G. Chan , G.R. NO. 170598, JUDICIAL NOTICE AND JUDICIAL ADMISSIONS
October 9, 2013, Bersamin, J.)
What are the facts that need not be proved?
SUBSTANTIAL EVIDENCE
1. Those of which the courts may take judicial notice (Rule
Is an evidence that should constitute that amount of relevant 129);
evidence which a reasonable mind might accept as adequate 2. Those that are judicially admitted (Rule 129);
NOTE: In a petition for a writ of amparo, the parties shall Judicial notice
establish their claims by substantial evidence. (Sec 17, The
Rule on the Writ of Amparo, effective October 24, 2007) It is the cognizance of certain facts which judges may
properly take and act upon without proof because they are
CLEAR AND CONVINCING EVIDENCE supposed to be known to them. It is based on considerations
of expediency and convenience. It displaces evidence, being
It is that degree of evidence that produces in the mind of the equivalent to proof (Regalado, 2008).
trier of fact a firm belief or conviction as to allegations sought
to be established. It is intermediate, being more than Judicial Notice is mandatory
preponderance, but not to the extent of such certainty as is
62
UST LAW PRE-WEEK NOTES 2017
When the matter is subject to a mandatory judicial notice, no Ikdal and Ministry of Public Health – Kuwait vs. Ma. Josefina
motion or hearing is necessary for the court may take judicial Echin, G.R. No. 178551, October 11, 2010). While the foreign
notice of a fact. law was properly pleaded in the case at bar, it was, however,
proven not in the manner provided by Section 24, Rule 132 of
Matters subject to mandatory judicial notice (EPOL-APOL- the Revised Rules of Court. While a photocopy of the foreign
MG) statute relied upon by the court a quo to relieve the common
carrier from liability, was presented as evidence during the
1. Existence and territorial extent of states; trial, the same however was not accompanied by the required
2. Political history, forms of government and symbols of attestation and certification. (Nedlloyd Lijnen B.V. Rotterdam
nationality; And The East Asiatic Co., Ltd. Vs. Glow Laks Enterprises, LTD.
3. Law of nations; G.R. No. 156330, November 19, 2014 )
4. Admiralty and maritime courts of the world and their
seals; Judicial admissions
5. Political constitution and history of the Philippines;
6. Official acts of legislative, executive and judicial These are admissions, verbal or written, made by a party in
When may judicial notice of a fact be taken? Judicial Admissions Extrajudicial Admissions
Those made in the course of Those made out of court or in
1. During trial; the proceeding in the same a judicial proceeding other
2. After trial and before judgment; or, case than the one under
3. Appeal. consideration.
Do not require proof and may Regarded as evidence and
In all instances, the court may act on its own initiative or be contradicted only by must be offered as such,
on request of a party (Sec. 3, Rule 129). showing that it was made otherwise, the court will not
through palpable mistake or consider it in deciding the
Generally speaking, matters of judicial notice have three that no such admission was case.
material requisites: made (Sec. 4, Rule 129).
1. the matter must be one of common and general Judicial admissions need not Requires formal offer for it to
knowledge; be offered in evidence since it be considered.
2. it must be well and authoritatively settled and not is not evidence. It is superior
doubtful or uncertain; and, to evidence and shall be
3. it must be known to be within the limits of the considered by the court as
jurisdiction of the
determining what factscourt. The
may be principal
assumed to be guide in
judicially established.
Conclusive upon the admitter Rebuttable
known is that of notoriety. (Latip v. Chua, G.R. No.
Admissible even if self- Not admissible if self-serving
177809, October 16, 2009)
serving
Subject to cross-examinat ion Not subject to cross-
Mandatory Judicial Notice vs. Discretionary Judicial
examination
Notice
Requisites of judicial admission
Mandatory Judicial Discretionary
Notice Judicial Notice
1. It must be made by a party to the case or his counsel;
Court is compelled to Court is not compelled 2. It must be made in the course of the proceedings in the
take judicial notice to take judicial notice same case; and,
Takes place at court’s May be at court’s own 3. It can be verbal or written admission. There is no
initiative initiative or on particular form required (Regalado, 2008).
request of a party
No hearing Needs hearing and It is an established principle that judicial admissions cannot
presentation of be contradicted by the admitter who is the party himself and
evidence binds the person who makes the same, absent any showing
that this was made through palpable mistake, no amount of
Do Philippine courts take judicial notice of foreign laws? rationalization can offset it. (Philippine Charter Insurance
Corporation v. Central Colleges of the Philippines, 666 SCRA
GR: Courts cannot take judicial notice of foreign laws. They 540)
must be alleged and proved.
OBJECT (REAL) EVIDENCE
XPN: When said laws are within the actual knowledge of the
court and such laws are: Object evidence, also known as real evidence, demonstrative
evidence, autoptic preference and physical evidence, is that
1. Well and generally known; evidence which is addressed to the senses of the court (Sec. 1,
2. Actually ruled upon in other cases before it; and none of Rule 130). It is not limited to the view of an object. It covers
the parties claim otherwise (PCIB v. Escolin, G.R. Nos. L- the entire range of human senses: hearing, taste, smell, and
27860, L-278896, March 29, 1974). touch (Riano, 2013) .
What is the Doctrine of Processual Presumption? Requisites for the admissibility of Object Evidence
In international law, the party who wants to have a foreign 1. It must be relevant and competent;
law applied to a dispute or case has the burden of proving the 2. Authenticated;
foreign law. Where a foreign law is not pleaded or even if 3. The authentication must be made by a competent
pleaded, is not proved, the presumption is that the foreign witness who should identify the object to be the actual
law is same as ours (ATCI Overseas Corporation, Amalia G. thing involved;
63
REMEDIAL LAW
4. The object must be formally offered in evidence (Riano, The chain of custody is essential to ensure that doubts
2013). regarding the identity of the evidence are removed through
the monitoring and tracking of the movements of the seized
An object evidence, when offered in accordance with the drugs from the accused, to the police, to the forensic chemist,
requisites for its admissibility, becomes evidence of the and finally to the court (People v. Sitco, G.R. No. 178202, May
highest order and speaks more eloquently than witnesses put 14, 2010). Ergo, the existence of the dangerous drug is a
together. The presence of the victim’s ravished body in a deep condition sine qua nonfor conviction. What is essential is “the
ravine with handcuffs on her wrist is a physical evidence that preservation of the integrity and the evidentiary value of the
bolsters the testimony of the witness. (People v. Larrahaga, seized items, as the same would be utilized in the
G.R. Nos. 138874-75, July 21, 2005) determination of the guilt or innocence of the accused (People
vs. Cardenas, G.R. No. 190342. March 21, 2012). The failure to
establish, through convincing proof, that the integrity of the
Real Evidence vs. Demonstrative Evidence seized items has been adequately preserved through an
unbroken chain of custody is enough to engender reasonable
Real evidence Demonstrative Evidence doubt on the guilt of an accused (People v. De Guzman y
Tangible
some actualobjectrole
that in
played
the Tangible evidence
merely illustrates that
a matter Danzil, G.R. No. 186498, March 26, 2010).
matter that gave rise to the of importance in the NOTE: In case there is a failure to comply with the
litigation litigation requirements of the law in the handling of confiscated drugs,
Intends to prove that the Intends to show that the the implementing rules require the following:
object is used in the demonstrative object fairly
underlying event represents or illustrates a 1. Non-compliance must be because of justifiable
real evidence grounds; and
Illustration: Where a 2. The apprehending officer/team must have properly
drawing is presented to preserved the integrity and evidentiary value of the
illustrate the relative seized items.
positions of the
protagonists and If sufficient explanation is given by the prosecution for the
witnesses to the killing, the non-compliance with the required procedure in the handling
foundation for of the seized items, such non-compliance shall not render the
demonstrative evidence seizure and custody of the seized items void and invalid.
will normally consist of the Nonetheless, it must be accompanied by proof (People v. Dela
testimony of an eyewitness Cruz, G.R. No. 177222, October 29, 2008)
.
or investigator stating that
the drawing was indeed After a buy-bust operation involving the accused Recto
fairly represents the Angngao and Robert Carlin and the apprehender SPO4
Robert Carlin, G.R. No. 189296, March 11, 2015, Bersamin, J.)
It is the duly recorded authorized movements and custody of
seized drugs or controlled chemicals or plant sources of Acting on a tip by an informant, a buy bust operation w as
dangerous drugs or laboratory equipment of each stage: planned. PO1 Eduardo Dimla acted as the poseur-buyer
and marked the buy bust money, two Php 100.00 bills with
1. From the time of seizure/confiscation to; his initials “ED”. PO1 Dimla, along with the rest of the
2. Receipt in the forensic laboratory to; team, proceeded to respondent Alberto Gonzales’ house.
3. Safekeeping to; Gonzales handed PO1 Dimla a small plastic sheet
4. Presentation in court for destruction. containing a white substance and PO1 Dimla gave
Gonzales the marked money. PO1 Dimla gave the signal
Such record of movements and custody of seized item shall and Gonzales was arrested. PO1 Dimla marked the sachet
include the identity and signature of the person who held with his initials, “ED”. The Bulacan Provincial Crime
temporary custody of the seized item, the date and time when Laboratory Office certified that the contents was 0.194
such transfer of custody were made in the course of gram of shabu. With only PO1 Dimla as the sole
safekeeping and used in court as evidence and the final prosecution witness, the RTC convicted Gonzales which the
disposition (Sec. 1, DDB Reg. No. 1, Series of 2002). CA affirmed. Was the sachet of shabu properly marked?
64
UST LAW PRE-WEEK NOTES 2017
NO. Although PO1 Dimla, the State’s lone witness, testified NOTE: Even if a person has already been convicted under a
that he had marked the sachet of shabu with his own initials final and executory judgment, he may still avail of DNA
of "ED" following Gonzales’ arrest, he did not explain, either testing provided that (a) a biological sample exists; (b) such
in his court testimony or in the joint affidavit of arrest, sample is relevant to the case; and (c) the testing would
whether his marking had been done in the presence of probably result in the reversal or modification of the
Gonzales, or done immediately upon the arrest of Gonzales. judgment of conviction. (2012 Bar)
Nor did he show by testimony or otherwise who had taken
custody of the sachet of shabu after he had done his marking, DOCUMENTARY EVIDENCE
and who had subsequently brought the sachet of shabu to the
police station, and, still later on, to the laboratory. The Documents as evidence consist of writings or any material
indeterminateness of the identities of the individuals who containing letters, words, numbers, figures, symbols, or other
could have handled the sachet of shabu after PO1 Dimla’s modes of written expressions, offered as proof of their
marking broke the chain of custody, and tainted the integrity contents (Sec. 2, Rule 130).
of the shabu ultimately presented as evidence to the trial
court. (People Of The Philippines v. Alberto Gonzales Y Santos Distinguish the admissibility of document as documentary
aka TAKYO G.R. No. 182417, April 3, 2013, Bersamin, J.) evidence and/or object evidence.
Martin denied the allegations against him and clarified It is object evidence, when it is addressed to the senses of the
that it was impossible for two blocks of marijuana to fit court or when it is presented in order to establish certain
inside his bag. He added that it would only be possible if physical evidence or characteristics that are visible on the
said blocks were pressed but that would cause the plastic paper and the writings that comprise the document. On the
bags and its contents to explode inside. However, one of other hand, it is considered as documentary evidence when it
the policemen testified that the bag seized from Martin is offered as proof of its contents.
was a sling bag and that there was nothing else inside it
but the two blocks of marijuana well-covered with plastic BEST EVIDENCE RULE
bags. Upon examination by the forensic chemist, the two
blocks of marijuana were indeed covered with plastic and GR: When the subject of the inquiry is the contents of the
intact with no holes nor wrinkles which could identify that document, no evidence shall be admissible other than the
they were tightened or pressed. The same were presented srcinal document itself.
as evidence in court. Nonetheless, the trial court ruled that
Martin is guilty of illegal possession of marijuana under XPNs: (LCNP)
Republic Act No. 6425. Is the trial court correct? 1. When the srcinal has been lost or destroyed, or cannot
be produced in court, without bad faith on the part of the
NO. Under the Rules of Court, evidence, to be relevant, must offeror;
throw light upon, or have a logical relation to, the facts in 2. When the srcinal is in the custody or under the control
issue to be established by one party or disproved by the of the party against whom the evidence is offered, and
Vallejo Standard? (2010, 2009 Bar) delivery, the best evidence rule does not apply (Moran, 1980).
1. How the samples were collected; During trial for the complaint filed by the of Heirs of
2. How they were handled; Maximo Alvarez and Valentina Clave for quieting of title
3. The possibility of contamination of the samples; and damages against Margarita Prodon, the custodian of
4. The procedure followed in analyzing the samples; the records of the property attested that the copy of the
5. Whether the proper standards and procedures were deed of sale with right to repurchase could not be found in
followed in conducting the tests; and, the files of the Register of Deeds of Manila. The RTC
6. The qualification of the analyst who conducted the tests rendered judgment in favor of the Heirs of Prodon. It
(People v. Vallejo, G.R. No. 144656, May 9, 2002). opined that although the deed itself could not be presented
as evidence in court, its contents could nevertheless be
A rape-slay case of a 9-year old girl, admitted in evidence the proved by secondary upon proof of its execution or
DNA samples of the victim which were found in the blood- existence and of the cause of its unavailability being
stained garments of the accused. Vaginal swabs taken from without bad faith. It found that the defendant had
the victim were also admitted and were found to show the established the execution and existence of the deed. The
DNA profile of the accused who was subsequently convicted. RTC concluded that the srcinal copy of the deed of sale
(People v. Vallejo, 382 SCRA 192) with right to repurchase had been lost, and that earnest
65
REMEDIAL LAW
efforts had been exerted to produce it before the court. An electronic document shall be regarded as the equivalent of
Does the Best Evidence Rule apply to the case? an srcinal document under the Best Evidence Rule if it is a
printout or output readable by sight or other means, shown
NO. The Best Evidence Rule applies only when the terms of to reflect the data accurately (Sec. 1, Rule 4)
.
writing are in issue. When the evidence sought to be
introduced concerns external facts, such as the existence, The copies of the printout or output readably by sight are also
execution or delivery of the writing, without reference to its deemed srcinals where the copies were executed at or about
terms, the Best Evidence Rule cannot be invoked. In such a the same time with identical contents, or is a counterpart
case, secondary evidence may be admitted even without produced by the same impression as the srcinal or from the
accounting for the srcinal. same matrix or by other means and which accurately
reproduces the srcinal (Sec.2, Rule 4).
The action for quieting of title may be based on the fact that a
deed is invalid, ineffective, voidable, or unenforceable. The NOTE: The authenticity of any private electronic document
terms of the writing may or may not be material to an action must be proved by evidence that it had been digitally signed
for quieting of title, depending on the ground alleged by the and other appropriate security measures have been applied
plaintiff.
based on For instance, when an
the unenforceability of action for quieting
a contract of title is
for not complying (Sec. 2, Rule 5).
with the Statute of Frauds, Article 1403 of the Civil Code The evidence offered by NAPOCOR were photocopies. The
specifically provides that evidence of the agreement cannot Court held that the photocopies were not equivalent to the
be received without the writing, or a secondary evidence of srcinal documents based on the Rules on Electronic
its contents. There is then no doubt that the Best Evidence Evidence. The information contained in the photocopies
Rule will come into play. (Heirs Of Margarita Prodon vs. Heirs submitted by NAPOCOR will reveal that not all of the contents
Of Maximo S. Alvarez And Valentina Clave, G.R. NO. 170604, therein, such as the signatures of the persons who
September 2, 2013, Bersamin, J.) purportedly signed the documents, may be recorded or
produced electronically. (National Power Corporation vs.
ORIGINAL DOCUMENT Codilla, G.R. No. 170491. April 3, 2007)
Original document The Court held that the print-out and/or photocopies of
facsimile transmissions are not electronic evidence. Thus, it is
1. The srcinal of a document is one the contents of which consequential that the same may not be considered as the
are the subject of inquiry; functional equivalent of their srcinal as decreed in the law.
2. When a document is in two or more copies executed at (MCC Industrial Sales Corporation vs. Ssangyong Corporation,
or about the same time, with identical contents, G.R. No. 170633. October 17, 2007)
including signed carbon copies, all such copies are
equally regarded as srcinals; or, PAROL EVIDENCE RULE
66
UST LAW PRE-WEEK NOTES 2017
Parol Evidence Rule vs. Best Evidence Rule wills and testaments; and
3. Public records, kept in
Parol Evidence Rule Best Evidence Rule the Philippines, of private
Presupposes that the The srcinal document is documents required by law
srcinal document is not available or there is a to be entered therein (Sec.
available in court dispute as to whether said 19, Rule 132).
writing is srcinal As to authenticity and admissibility as evidence
Admissible as evidence Before any private
Prohibits the varying of the Prohibits the introduction without need of further document offered as
terms of a written of secondary evidence in proof of its genuineness authentic is received in
agreement lieu of the srcinal and due execution evidence, its due execution
document regardless of and authenticity must first
whether it varies the be proved.
contents of the srcinal
As to persons bound
Applies only to documents Applies to all kinds of Evidence even against third Binds only the parties who
which are contractual in writings persons, of the fact which executed them or their
nature including wills gave rise to its due privies, insofar as due
execution and to the date of execution and date of the
Can be invoked only when Can be invoked by any the latter document are concerned
the controversy is between party to an action whether
the parties to the written he has participated in the As to validity of certain transactions
agreement, their privies, or writing involved Certain transactions must
any party affected thereby be contained in a public
like a cestui que trust document; otherwise they
will not be given any
validity.
AUTHENTICATION AND PROOF OF DOCUMENTS
When is the authentication of documents NOT required? Who may prove the due execution and authenticity of
private documents?
1. When the writing is an ancient document (Sec. 21, Rule
132); 1. By anyone who saw the document executed or written; or
2. By evidence of the genuineness of the signature or
NOTE: A document is ancient when it is more than thirty handwriting of the maker.
years old, is produced from a custody in which it would
naturally be found if genuine, and is unblemished by any Any other private document need only be identified as that
alterations or circumstances of suspicion, no other which it is claimed to be, i.e. ancient documents.
evidence of its authenticity need be given.
When is evidence of authenticity not required of a private
2. When the genuineness and authenticity of an actionable writing?
have not been specifically denied under oath by the
adverse party;
1. The writing is an ancient document (Sec. 21, Rule 132);
3. When the genuineness and authenticity of the document
2. The authenticity and due execution of the document has
have been admitted; and
been expressly admitted or impliedly admitted by failure to
4. When the document is not being offered as authentic
deny the same under oath;
(Riano, 2013).
3. When such genuineness and due execution are immaterial
to the issue.
Respondent Rances failed to submit any attestation issued by
the proper Dubai official having legal custody of the srcinal
Requisites of ancient document/authentic document rule
of the decision of the Dubai Court that the copy presented by
said respondent is a faithful copy of the srcinal decision,
1. That the private document be more than 30 years old;
which attestation must furthermore be authenticated by a
2. That it be produced from a custody in which it would
Philippine Consular Officer having jurisdiction in Dubai. The
naturally be found if genuine; and
transmittal letter, signed by Mohd Bin Saleh, Honorary Consul
3. That it is unblemished by any alteration or circumstances
for Philippines’ does not comply with the requir ements of
of suspicion (Sec. 21, Rule 132; Heirs of Lacsa vs. Court of
either the attestation under Section 26 or the authentication
Appeals, 197 SCRA 234, 1991).
envisaged by Section 25. (Pacific Asia Overseas Shipping Corp.
vs. NLRC, 161 SCRA 122, 1988)
NOTE: This rule applies only if there are no other witnesses
to determine authenticity.
Public Document vs. Private Document
How is the genuineness of a handwriting proven?
Public Document Private Document
What comprises it 1. It may be proved by any witness who actually saw the
1. The written official acts, All other writings are person writing the instrument;
or records of the official private (Sec. 19, Rule 132). 2. By any person who is familiar or has acquired knowledge
acts of the sovereign of the handwriting of such person, his opinion as to the
authority, official bodies handwriting being an exception to the opinion rule
and tribunals, and public under Secs. 48 & 50 of Rule 130;
officers, whether of the 3. By a comparison of the questioned handwriting from the
Philippines, or of a foreign admitted genuine specimens thereof; or
country; 4. By expert witness (Secs. 20 & 22, Rule 132; Sec. 49, Rule
2. Documents 130).
acknowledged before a
notary public except last
67
REMEDIAL LAW
Opinion of Handwriting Experts Affairs of Norway and the attachment of the official seal of
that office on each authentication indicated that the
The opinion of handwriting experts are not necessarily documents were of a public nature in Norway, not merely
binding upon the court, the expert’s function being to place private documents.
before the court data upon which the court can form its own
opinion. This principle holds true especially when the That rules of procedure may be mandatory in form and
question involved is mere handwriting similarity or application does not forbid a showing of substantial
dissimilarity, which can be determined by a visual compliance under justifiable circumstances, because
comparison of specimens of the questioned signatures with substantial compliance does not equate to a disregard of
those of the currently existing ones. A finding of forgery does basic rules. For sure, substantial compliance and strict
not depend entirely on the testimonies of handwriting adherence are not always incompatible and do not always
experts, because the judge must conduct an independent clash in discord. (Makati Shangri-La Hotel and Resort, Inc. Vs.
examination of the questioned signature in order to arrive at Ellen Johanne Harper, Jonathan Christopher Harper, And
a reasonable conclusion as to its authenticity (Betty Gepulle- Rigoberto Gillera, G.R. No. 189998, August 29, 2012, Bersamin,
Garbo v. Spouses Victorey Antonio Garabato And Josephine S. J.)
Garabato, G.R. No. 200013, January 14, What must be stated whenever a copy of a document or
What are Proof of public records? (2009 Bar) record is attested for the purpose of evidence?
Written official acts, or records of the official acts of the 1. That the copy is a correct copy of the srcinal, or a specific
sovereign authority, official bodies and tribunals, and public part thereof, as the case may be;
officers, e.g. a written foreign law, may be evidenced by: 2. It must be under the official seal of the attesting officer, if
there be any, or if he be the clerk of a court having a seal,
1. If it is within the Philippines
: under the seal of such court (Sec. 25, Rule 132).
consul general,
any officer consul,
in the vice
foreign consul,
service or consular
of the agent
Philippines or by
stationed certificate that 132).
(Sec. 28, Rule such officerBar)
(2003 has the custody of official records
in the foreign country in which the record is kept, and
authenticated by the seal of his office (Sec. 24, Rule 132). What are the grounds for the Impeachment of a judicial
record? (WCF) (2009 Bar)
NOTE: Upon failure to comply with the above-mentioned
requirements, courts will apply the doctrine of processual 1. Want of jurisdiction in the court or judicial officer;
presumption. 2. Collusion between the parties (e.g. legal separation,
annulment cases); or
Ellen Harper and her son, Jonathan Harper, filed a case for 3. Fraud in the party offering the record, in respect to the
damages against Shangri-La Hotel and Resort, Inc. for the proceedings (Sec. 29, Rule 132).
death of Christian Harper. To prove their heirship, they
presented several documents (B irth Certificates, Marriage NOTE: Fraud refers to extrinsic fraud, which is a ground for
Certificate, and Certificate from the Oslo Probate Court) annulment of judgment.
which were all kept in Norway. The documents had been
authenticated by the Royal Norwegian Ministry of Foreign How are alterations in a document explained?
Affairs and also bore the official seal of the Ministry and
signature of one, Tanja Sorlie. The documents were also A party producing a document as genuine which has been
accompanied by an Authentication by the Consul, Embassy altered and appears to have been altered after its execution
of the Republic of the Philippines in Stockholm, Sweden to must account for the alteration. He may show that the
the effect that, Tanja Sorlie was duly authorized to legalize alteration:
official
however,documents
questionedfor thefiliation
their Ministry.
withShangri-La Hotel,
the deceased. It 1. Was made by another, without his concurrence;
argued that the documents presented were incompetent 2. Was made with the consent of the parties affected by it;
for being unauthenticated. Is Shangri- La Hotel’s 3. Was otherwise properly or innocently made; or
contention correct? 4. That the alteration did not change the meaning or language
of the instrument.
NO. Although the documents were not attested by the officer
having the legal custody of the record or by his deputy in the NOTE: Failure to do at least one of the above will make the
manner required in Section 25 of Rule 132, and said document inadmissible in evidence (Sec. 31, Rule 132).
documents did not comply with the requirement under
Section 24 of Rule 132 to the effect that if the record was not Are documentary evidence in an unofficial language
kept in the Philippines a certificate of the person having admissible?
custody must accompany the copy of the document that was
duly attested stating that such person had custody of the Documents written in an unofficial language shall not be
documents, the deviation was not enough reason to reject the admitted as evidence unless accompanied with a translation
utility of the documents for the purposes they were intended into English or Filipino (Sec. 33, Rule 132)
.
to serve. The official participation in the authentication
process of Tanja Sorlie of the Royal Ministry of Foreign TESTIMONIAL EVIDENCE
68
UST LAW PRE-WEEK NOTES 2017
The qualifications and disqualifications of witnesses are How does the disqualification by reason of death or
determined as of the time said witnesses are produced for insanity of the adverse party or the Dead Man’s
examination in court or at the taking of their depositions Statute/Surviving Party Rule apply?
(Regalado, 2008).
1. The defendant in the case is the executor or
The acceptance
perceptions of amanner
and the witnesshedepends onthem
can make the quality
known toof the
his administrator or a mind;
person of unsound representative of the deceased or the
court. The testimony of Soria was positive, clear, plain, 2. The suit is upon a claim by the plaintiff against the estate
coherent and credible despite her slurred speech and the use of said deceased or person of unsound mind;
of leading questions. (People vs. Solomon, 229 SCRA 402) 3. The witness is the plaintiff, or an assignor of that party,
or a person in whose behalf the case is prosecuted; and
Competency of Witness vs. Credibility of Witness 4. The subject of the testimony is as to any matter of fact
occurring before the death of such deceased person or
Competency Credibility before such person became of unsound mind (Sec. 23,
of Witness of Witness Rule 130).
Refers to a witness who can Refers to a witness whose
perceive, and in perceiving, testimony is believable Under the Dead Man’s Statute Rule, if one party to the alleged
can make known his transaction is precluded from testifying by death, insanity, or
perception to others other mental disabilities, the other party is not entitled to the
Is a matter of law or a matter Refers to the weight and undue advantage of giving his own uncontradicted and
of rule trustworthiness or reliability unexplained account of the transaction. Thus, the alleged
of the testimony admission of the deceased Pedro Caparas that he entered into
It also includes the absence a sharing of leasehold rights with Modesta Garcia and Cristina
of any of the disqualifications Salamat cannot be used as evidence against Dominga Caparas
imposed upon a witness. as the latter would be unable to contradict or disprove the
(Riano, 2013) same. (Apolonio Garcia, In Substitution of his Deceased Mother,
Modesta Garcia, and Cristina Salamat V. Dominga Robles Vda.
De Caparas, G.R. No. 180843, April 17, 2013)
Witnesses disqualified by reason of mental incapacity or
immaturity The Dead Man’s Statute disqualifies only parties or assignors
of parties; officers and/or stockholders of a corporation,
The following persons cannot be witnesses: therefore, are not disqualified from testifying for or against
the corporation which is a party to an action upon a claim or
1. Those whose mental condition, at the time of their demand against the estate of a deceased person, as to any
production for examination, is such that they are matter of fact occurring before the death of such person.
incapable of intelligently making known their perception (Lichauco vs. Atlantic Gulf, 84 Phil. 330)
to others (Sec. 21 (a), Rule 130);
2. Children whose mental maturity is such as to render them Purpose of Dead Man’s Statute?
incapable of perceiving the facts respecting which they
are examined and of relating them truthfully (Sec. 21 (b), It is designed to close the lips of the party plaintiff when
Rule 130). death has closed the lips of the party defendant, in order to
remove from the surviving party the temptation to do
Requisites for the disqualification by reason of marriage falsehood and the possibility of fictitious claims against the
to apply (Marital Disqualification) deceased (Goñi v. CA, G.R. No. L-27434, September 23, 1986).
1. That the spouse for or against whom the testimony of the To what cases do the disqualification by reason of
other is offered is a party to the case; privileged communication apply?
2. That the spouses are legally married (valid until
annulled); The disqualification by reason of privileged communication
3. That the testimony is offered or made during the applies to both civil and criminal cases except as to the
existence of a valid marriage; and, doctor-patient privilege, which is applicable only in civil
4. That the case is not one against the other (Herrera, 1999; cases. Unless waived, the disqualification under Sec. 24
(Sec. 22, Rule 130)). remains even after the various relationships therein have
ceased to exist.
Enumerate the exceptions to Spousal Immunity.
Requisites for the Marital Privilege to apply
1. Consent is given by the party-spouse;
2. In a civil case filed by one against the other; 1. There must be a valid marriage between the husband
3. In a criminal case for a crime committed by one against and wife;
the other or the latter’s direct descendants or ascendants 2. There is a communication received in confidence by one
(Sec. 22, Rule 130); or from the other;
4. Where the testimony was made after the dissolution of 3. The confidential communication was received during the
the marriage (Riano, 2013). marriage (Riano, 2013)
; and,
69
REMEDIAL LAW
4. The spouse against whom such evidence is being offered 3. Such person acquired the information while he was
has not given his or her consent to such testimony attending to the patient in his professional capacity;
(Regalado, 2008). 4. The information was necessary to enable him to act in
that capacity; and
NOTE: Where a privileged communication from one spouse 5. The information was confidential and, if disclosed, would
to another comes into the hands of a third party, whether blacken the reputation of the patient (Krohn v. CA, G.R.
legally or not, without collusion and voluntary disclosure on No. 108854, June 14, 1994, citing Lim v. CA, G.R. No. 91114,
the part of either of the spouses, the privilege is thereby September 25, 1992) .
extinguished and the communication, if otherwise competent,
becomes admissible. (People vs. Carlos 47 Phil. 626, 1925) NOTE: Where the person against whom the privilege is
claimed is the patient’s husband who testifies on a document
Marital Disqualification Rule vs. Marital Privileged executed by medical practitioners, his testimony does not
Communication Rule have the force and effect of the testimony of the physician
who examined the patient and executed the report. Plainly,
Marital Disqualification Marital Privileged this does not fall within the prohibition. (Krohn vs. Court of
NO. It will be noted that the evidence in question concerned No person may be compelled to testify against his parents,
the dealings of the plaintiff’s attorney with a third person. A other direct ascendants, children or other direct descendants.
communication made by a client to his attorney for the (Sec. 25, Rule 130).
express purpose of its being communicated to a third person The Family Code provides that no descendant shall be
is essentially inconsistent with the confidential relation. Such
communication is between the third person and the client, compelled, in a criminal case, to testify against his parents
the attorney being merely an agent. (Uy Chico vs. Union Life, and grandparents. As an exception, the descendant may be
29 Phil. 163, 1915) compelled to give his testimony in the following instances:
Physician and Patient Privilege (Sec. 24(c), Rule 130) 1. When such testimony is indispensable in a crime
committed against said descendant; or
1. The privilege is claimed in a civil case; 2. In a crime committed by one parent against the other
(Riano, 2013, citing Art. 215, Family Code).
NOTE: This privilege cannot be claimed in a criminal
case presumably because the interest of the public in Explain the rules on the examination of a witness.
criminal prosecution should be deemed more important
than the secrecy of the communication (Riano, 2013). GR: The examination of witnesses presented in a trial or
hearing shall be done in open court, and under oath or
2. The person against whom the privilege is claimed is one affirmation. Unless the witness is incapacitated to speak, or
duly authorized to practice medicine, surgery or the question calls for a different mode of answer, the answers
obstetrics; of the witness shall be given orally (Sec. 1, Rule 132).
70
UST LAW PRE-WEEK NOTES 2017
same (Riano,
Procedure) ; 2013, citing Sec. 15, Rule on Summary the witness and,
a translation in ifEnglish
not in English or Filipino,
or Filipino, accompanied
and shall by
contain the
4. In civil cases covered by the Rule on Summary following:
Procedure, the parties are merely required to submit the
affidavits of their witnesses and other pieces of evidence 1. The name, age, residence or business address, and
on the factual issues, together with their position papers, occupation of the witness;
setting forth the law and the facts relied upon (Riano, 2. The name and address of the lawyer who conducts or
2013, citing Sec. 9, Rule on Summary Procedure) ; and supervises the examination of the witness and the place
5. Under the Judicial Affidavit Rule, the judicial affidavit where the examination is being held;
shall take the place of direct testimonies of witnesses 3. A statement that the witness is answering the questions
(Sec. 2, Judicial Affidavit Rule)
. asked of him, fully conscious that he does so under oath, and
that he may face criminal liability for false testimony or
JUDICIAL AFFIDAVIT RULE perjury;
4. Questions asked of the witness and his corresponding
To what actions do the Judicial Affidavit Rule (A.M. No. 12- answers, consecutively numbered, that:
8-8-SC) apply?
a. Show the circumstances under which the witness
This shall apply to all actions (criminal or civil), proceedings, acquired the facts upon which he testifies;
or incidents requiring the reception of evidence. It applies to b. Elicit from him those facts which are relevant to
all courts other than the Supreme Court, and applicable also the issues that the case presents; and
to certain non-judicial bodies like the IBP. It is however not c. Identify the attached documentary and object
following: despite
right to notice shall
confront by be deemed to havethe
cross-examination waived his client's
witnesses there
1. The judicial affidavits of their witnesses, which shall take present;
the place of such witnesses' direct testimonies; and 3. The court shall not admit as evidence judicial affidavits
2. The parties' documentary or object evidence, if any, which that do not conform to the content requirements of Sec. 3 and
shall be attached to the judicial affidavits and marked as the attestation requirement of Sec. 4 above. The court may,
Exhibits A, B, C, and so on in the case of the complainant or however, allow only once the subsequent submission of the
the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of complaint replacement affidavits before the hearing or trial
the respondent or the defendant ( Sec. 2, JAR). provided the delay is for a valid reason and would not unduly
prejudice the opposing party and provided further, that
NOTE:Under Section 10, parties are to be penalized if they do public or private counsel responsible for their preparation
not conform to the provisions of the JAR. Parties are however and submission pays a fine of not less than Php1,000.00 nor
allowed to resort to the application of a subpoena pursuant to more than Php5,000.00, at the discretion of the court (Sec. 10,
Rule 21 of the Rules of Court in Section 5 of the JAR in certain JAR)
situations. Section 5 of the JAR contemplates a situation
where there is a (a) government employee or official or (b) Effects of JAR on Other Rules
requested witness who is not the (1) adverse party’s witness
nor (2) a hostile witness. If this person either (a)
71
REMEDIAL LAW
As to Rules of Court and Rules of Procedure governing How shall Laying the predicate apply in impeaching a
investigating officers and bodies authorized by the witness by evidence of prior inconsistent statements?
Supreme Court to receive evidence - They are repealed or
modified insofar as they are inconsistent with the provisions 1. The prior inconsistent statements must be related to him,
of the Judicial Affidavit Rule (Sec. 11, JAR). with the circumstances of the times and places and the
persons present;
As to Rules of procedure governing quasi-judicial bodies 2. The witness must be asked whether he made such
which are inconsistent with -it They are thereby statements, and if so, allowed to explain them; and,
disapproved (Ibid.). 3. If the statements be in writing it must be shown to the
witness before any question is put to him concerning them
RIGHTS AND OBLIGATIONS OF A WITNESS (Sec. 13, Rule 132). (1996 Bar)
1. To be protected from irrelevant, improper, or insulting Evidence of the good character of a witness is not admissible
questions, and from harsh or insulting demeanor; until such character has been impeached (Sec. 14, Rule 132).
2. Not to be detained longer than the interests of justice
require; RECALLING A WITNESS
3. Not to be examined except only as to matters pertinent to
the issue; GR: After the examination of a witness by both sides has been
4. Not to give an answer which will tend to subject him to a concluded, the witness cannot be recalled without leave of
penalty for an offense unless otherwise provided by law court. The court will grant or withhold leave in its discretion,
(right against self-incrimination); as the interests of justice may require (Sec. 9, Rule 132).
5. Not to give an answer, which will tend to degrade his Section 14, Rule 132 of the Rules of Court explicitly provides
reputation, unless it be to the very fact at issue or to a fact that the court may grant or withhold leave to recall a witness,
from which the fact in issue would be presumed. But a in its discretion, as the interests of justice may require; and
witness must answer to the fact of his previous final We believe that it was the better part of discretion and
conviction for an offense (Sec. 3, Rule 132). caution on the part of the trial court to have denied as it did,
the request
loaded withof circumstances
the defense to tending
recall Ceribo. The record
to show is
insidious
LEADING AND MISLEADING QUESTIONS
attempts, too obvious to be overlooked, to tamper with the
When is a leading question allowed? witnesses for the prosecution.
NOTE: A witness may be considered as unwilling or hostile Civil Case vs. Criminal Case
only if so declared by the court upon adequate showing of his
adverse interest, unjustified reluctance to testify or his having Civil Case Criminal Case
misled the party into calling him to the witness stand. (Sec. It is NOT an admission of GR: It may be received in
12, Rule 132) any liability and is NOT evidence as an implied
admissible against the admission of guilt (Ibid.).
5. Of a witness who is an adverse party or an officer, director, offeror
or managing agent of a public or private corporation or of a (Sec. 27, Rule 130). XPNs:
partnership or association which is an adverse party (Sec. 10, 1. In quasi-offenses where
Rule 132);or there is no criminal intent
6. In all stages of examination of a child if the same will (negligence), such as
further the interests of justice (Sec. 20, Rule on Examination of reckless imprudence;
a Child Witness, A.M. No.004-07-SC). 2. In criminal cases allowed
by law to be compromised
IMPEACHING A WITNESS such as:
a. NIRC (Sec. 7c)– The
What does Laying the predicate mean in impeaching a CIR has the power to
witness? compromise minor
criminal violations as
It means that it is the duty of a party trying to impugn the may be determined by
testimony of a witness by means of prior or subsequent the Secretary of
inconsistent statements, whether oral or in writing, to give Finance;
the witness a chance to reconcile his conflicting declarations, b. LGC (Sec. 408) –
such that it is only when no reasonable explanation is given Allowed in minor
by him that he should be deemed impeached. (People v. offenses whose
Sambahon, G.R. No. 182789, August 3, 2010) penalties do not
exceed one year;
72
UST LAW PRE-WEEK NOTES 2017
c. RPC (Art. 266-C)– In b. The declaration or act must relate to the conspiracy;
cases of marital rape, and
where subsequent c. The conspiracy must be shown by evidence other than
forgiveness by the wife such declaration or act.
extinguishes the
criminal action or The rule regarding statements made by a co-conspirator
penalty (Suarez and De refers to statements made by one conspirator during the
la Banda, 2006). pendency of the unlawful enterprises and in furtherance of its
object and not to a confession made long after the conspiracy
NOTE:No compromise is valid in the following cases: had been brought to an end. Under the rule on multiple
admissibility of evidence, the confession of a co-accused may
1. Civil status of persons; be inadmissible against his co-accused for being hearsay but
2. Validity of a marriage or legal separation; may nevertheless be admissible against the declarant’s own
3. Any ground for legal separation; guilt. (People vs. Yatco, 97 Phil. 941, 1955)
4. Future support;
Rule) Evidence: A Lawyer’s There is admission by silence when a party does or says
Companion, 2006 ed.)
nothing when he hears or observes an act or declaration
RES INTER ALIOS ACTA RULE made in his presence when such act or declaration is such as
naturally to call for action or comment if not true, and when
This principle literally means “things done between strangers proper and possible for him to do so. Such may be given in
ought not to injure those who are not parties to them” evidence against him (Sec. 32, Rule 130).
(Black’s Law Dictionary, 5 th Ed.; Dynamic Signmaker Outdoor
Advertising Services, Inc. v. Potongan, 461 SCRA 328). Requisites of an admission by silence
What are the two (2) branches of res inter alios acta rule? 1. He must have heard or observed the act or declaration of
the other person;
1. The rights of a party cannot be prejudiced by an act, 2. He must have had the opportunity to deny it (People v.
declaration, or omission of another (Sec. 28, Rule 130); Ranario, 49 Phil. 220);
2. Evidence that one did or did not do a certain thing at one 3. He must have understood the statement;
time is not admissible to prove that he did or did not do 4. He must have an interest to object, such that he would
the same or similar thing at another time (Sec. 34, Rule naturally have done so, if the statement was not true;
130). 5. The facts were within his knowledge; and
6. The fact admitted or the inference to be drawn from his
What are the exceptions to the res inter alios acta rule silence is material to the issue (People v. Paragsa,G.R. No. L-
(first branch): 44060, July 20, 1978; Sec. 32, Rule 130;
Regalado, 2008).
a. The declaration or act of the partner or agent must What are the requisites for the admissibility of a
have been made or done within the scope of his confession?
authority;
b. The declaration or act of the partner or agent must 1. It must involve an express and categorical
have been made or done during the existence of the acknowledgement of guilt (U.S. v. Corrales, 28 Phil. 362)
;
partnership or agency (while the person making the 2. Facts admitted must be constitutive of a criminal offense
declaration was still a partner or an agent); and, (U.S. v. Flores, 26 Phil. 262)
;
c. The existence of the partnership or agency is proven 3. It must have been given voluntarily (People v. Nishishima,
by evidence other than the declaration or act of the 57 Phil. 26);
partner or agent. 4. It must have been intelligently made (Bilaan v. Cusi, G.R.
No. L-18179, June 29, 1962) , the accused realizing the
2. Admission by a co-conspirator (Sec. 30, Rule 130) importance or legal significance of his act (U.S. v. Agatea,
40 Phil. 596) ; and
a. The declaration or act be made or done during the 5. There must have been no violation of Sec. 12, Art. III,
existence of the conspiracy; 1987 Constitution (Regalado, 2008) .
73
REMEDIAL LAW
6. It must be in writing and signed by such person in the 5. Testimony or deposition at a former proceeding ( Sec.
presence of his counsel or in the latter’s absence, upon a 47);
valid waiver, and in the presence of any of the parents, 6. Family reputation or tradition regarding pedigree (Sec.
elder brothers and sisters, his spouse, the municipal 40);
mayor, the municipal judge, district school supervisor or 7. Common reputation (Sec. 41);
priest or minister of the gospel as chosen by him (Sec. 8. Parts of Res gestae(Sec. 42);
2(d), R.A. 7438). 9. Entries in official records (Sec. 44);
10. Commercial lists and the like (Sec. 45);
What are the requirements for an admission of guilt of an 11. Learned treatises (Sec. 46);
accused during a custodial investigation to be admitted as 12. Independently Relevant Statement
evidence?
As a general rule, the extrajudicial declaration of an accused,
1. The admission must be voluntary (Sec. 12(1), 1987 although deliberately made, is not admissible and does not
Constitution)
; have probative value against his co- accused. It is merely
2. The admission must be in writing (R.A. 7438); hearsay evidence as far as the other accused are concerned.
3. The admission
competent, must be made
independent with the
counsel (Sec.assistance
12, 1987of (People vs. Alegre, 94 Phil. 109, 1979)
Constitution)
; NOTE: Items 1 to 5 require death or unavailability of
4. The admission must be express (People vs. Prinsipe, G.R. declarant.
No. 135862, May 2, 2002);
5. In case the accused waives his rights to silence and to Independently Relevant Statement
counsel, such waiver must be in writing, executed with
the assistance of competent, independent counsel (R.A. Under the doctrine of independently relevant statements,
7438). regardless of their truth or falsity, the fact that such
statements have been made is relevant. The hearsay rule does
Doctrine of Interlocking Confessions not apply, and the statements are admissible as evidence.
Evidence as to the making of such statement is not secondary
It states that extrajudicial confessions independently made
but primary, for the statement itself may constitute a fact in
without collusion which are identical with each other in their
issue or be circumstantially relevant as to the existence of
essential details and corroborated by other evidence against
such a fact. (People vs. Estibal, GR No. 208749, Nov. 26, 2014
the persons implicated, are admissible to show the
probability of the latter’s actual participation in the citing People vs. Velasquez)
commission of the crime (People v. Mulit, G.R. No. 181043,
NOTE: Evidence regarding the making of
October 8, 2008) .
independently relevant statement is not secondary but
Admission vs. Confession primary, because the statement itself may (1) constitute a fact
in issue or (2) be circumstantially relevant as to the existence
Admission Confession of that fact. (Bayani vs. People, GR No. 155619, Aug. 14, 2007 of
A statement of fact which A statement of fact which IRS)
does not involve an involves an acknowledgment
acknowledgment of guilt or of guilt or liability.
The ban on hearsay does not cover independently relevant
liability.
statements, which consist of statements that are
May be made by third Can be made only by the
independently relevant of the truth asserted therein. They
persons and in certain cases, party himself and, in some
belong to two classes: The first class are 1) those statements
are admissible against a instances, are admissible
which are the very facts in issue; 2) those statements which
party against his co-accused
are circumstantial evidence of the facts in issue. The second
Applies to both criminal and Applies only to criminal
class includes the following: Statement of a person showing
civil cases cases
his state of mind; Statement of a person showing his physical
May be express or tacit Must be express condition; Statement of a person to infer a state of mind of
another person; Statements which may identify the date,
HEARSAY RULE place and person in question; Statements to show a lack of
credibility of a witness. (U.S. vs. Zenni, 492 F. Supp. 464, 1980)
It states that a witness can testify only to those facts which he
knows of based on his personal knowledge or those which are How does the Dying declaration apply?
derived from his own perception (Sec. 36, Rule 130).
1. The declaration is one made by a dying person;
What is the reason for the exclusion of Hearsay Evidence? 2. The declaration was made by said dying person under a
consciousness of his impending death;
There is no opportunity to cross-examine the outside 3. The declaration refers to the cause and circumstances
declarant. surrounding the death of the declarant and not of anyone
else;
In criminal cases, its admission would be a violation of the 4. The declaration is offered in a case wherein the
constitutional provision that the accused shall enjoy the right declarant’s death is the subject of the inquiry;
of being confronted with the witnesses testifying against him 5. The declarant is competent as a witness had he survived
and to cross-examine them. Moreover, the court is without (Geraldo v. People, G.R. No. 173608, November 20, 2008);
opportunity to test the credibility of hearsay statements by 6. That the statement is complete in itself – “Doctrine of
observing the demeanor of the person who made them Completeness” ( People v. De Joya, G.R. No. 75028,
(People v. Pruna, G.R. No. 138471, October 10, 2002) November 8, 1991) ; and
7. The declarant should have died. If he survives, his
Exceptions to the hearsay rule declaration may be admissible as part of the res gestae
(Riano, 2013) .
1. Dying declaration (Sec. 37);
2. Declaration against interest (Sec. 38); Is interval of time from the making of a dying declaration
3. Act or declaration about pedigree (Sec. 39); always material?
4. Entries in the course of business (Sec. 43);
74
UST LAW PRE-WEEK NOTES 2017
2. Declaration
declarant; relates to a fact against the interest of the 3. That the
question and statements mustattending
its immediately concern circumstances
the occurrence in
(Sec.
3. At the time he made said declaration, he was aware that 42, Rule 130; People v. Balbas, 122 SCRA 859; People Of The
the same was contrary to his interest; and Philippines vs. Anecito Estibal Y Calungsag G.R. No. 208749,
4. Declarant had no motive to falsify and believed such November 26, 2014).
declaration to be true.
The declaration of the deceased is not admissible as an ante-
To admit declarations against interest as exceptions to the mortem declaration since the deceased was in doubt as to
hearsay rule: (a) the declarant must not be able to testify due whether he would die or not. x x x It may be admitted,
to death, mental incapacity or physical incompetence rather however, as part of the res gestae since the statement was
than mere absence from the courts; (b) the declaration must made immediately after the incident and the deceased had no
concern a matter of fact cognizable by the declarant; (c) the sufficient time to concoct a charge against the accused.
circumstances render it improbable that a motive to falsify (People vs. Laquinon, 135 SCRA 91, 1985)
exists. (Fuentes vs. CA, 253 SCRA 430, 1996)
Part of Res Gestae vs. Dying Declaration
Requisites of act or declaration about pedigree
Part ofRes Gestae Dying Declaration
1. The declarant is dead or unable to testify; It is the event itself which A sense of impending death
2. The pedigree should be in issue; speaks takes the place of an oath
3. The declarant must be a relative of the person whose and the law regards the
pedigree is in question, either by birth or marriage; declarant as testifying
4. The declaration
before must occurred;
the controversy ante litem motam or
be madeand May be made by the killer Can be made by the victim
after or during the killing or only
5. The relationship between the declarant and the person that of a third person
whose pedigree is in question must be shown by May precede, or accompany Confined to matters
evidence other than such act or declaration (Tecson v. or follow the principal act occurring after the homicidal
COMELEC, G.R. No. 161434, March 3, 2004). act
Justification is the Justification is the
Requisites of family reputation or tradition regarding spontaneity of the statement trustworthiness, being given
pedigree by the person who was
aware of his impending
1. There is controversy in respect to the pedigree of any death
member of the family;
2. The reputation or tradition of the pedigree of the Verbal Acts vs. Spontaneous Statements
person concerned existed previous to the controversy;
3. The statement is about the reputation or tradition of the Verbal Acts Spontaneous Statements
family in respect to the pedigree of any member of the Utterances which accompany Statements or exclamations
family; and some act or conduct to which made immediately after
4. The witness testifying to the reputation or tradition it is desired to give legal some exciting occasion by a
regarding pedigree of the person concerned must be a effect; When such act has participant or spectator and
member of the family of said person either by intrinsically no definite legal asserting the circumstances
consanguinity or affinity (Sec. 40, Rule 130). significance, or only an of that occasion as it is
How to establish family reputation or tradition with ambiguous one, its legal observed by him.
purport or tenor may be
respect to one’s pedigree? ascertained by considering
the words accompanying it,
1. Through testimony in open court of a witness who must and these utterances thus
be a member of the family either by consanguinity or enter merely as verbal part
affinity; of the act.
2. Through entries in:
The res gestae is the The res gestaeis the startling
a. Family bible;
equivocal act. occurrence.
b. Family books or charts;
Verbal act must be May be prior to,
c. Engravings on rings; or
contemporaneous with or simultaneous with, or
d. Family portraits and the like.
must accompany the subsequent to the startling
equivocal act to be occurrence.
Requisites of Common Reputation
admissible.
Requisites: Requisites:
1. The facts must be of public or general interest and more
1. There must be a startling 1. The principal act to be
than 30 years old;
occurrence; characterized must be
The statement must equivocal;
75
REMEDIAL LAW
relate to the 2. The equivocal act must 1. Witness whose testimony is offered in evidence is dead
circumstances of the be material to the issue; or unable to testify;
startling occurrence or 3. The statement must 2. The testimony or deposition was given in a former case
that the statement must accompany the equivocal or proceeding, judicial or administrative, between the
concern the occurrence act; and same parties or those representing the same interests;
in question and its The statement gives a 3. Former case involved the same subject as that in the
immediate attending legal significance to the present case, although on different causes of action;
circumstances; and equivocal act (Talidano v. 4. Issue testified to by the witness in the former trial is the
Falcom Maritime & Allied same issue involved in the present case; and
2. The statement must be Services, Inc., G.R. No. 5. Adverse party had an opportunity to cross-examine the
spontaneous and were 172031, July 14, 2008). witness in the former case (Regalado, 2008).
made before the
declarant had the time to NOTE:The reason for the
contrive or devise a admissibility of Explain the Opinion Rule.
falsehood (Talidano v. spontaneous statements
Falcom Maritime
Services, & Allied
Inc., G.R. No. is trustworthiness
necessity, and
because mustThe
GR: opinion
testify of within
to facts a witness is knowledge
their not admissible. Thenot
and may witness
state
172031, July 14, 2008). statements are made their opinion, even on their cross-examination.
instinctively, and
NOTE: The reason for the because said natural and XPNs:
admissibility of verbal acts is spontaneous utterances 1. Opinion of expert witness;
that the motive, character are more convincing than 2. The opinion of an ordinary witness for which proper
and object of an act are the testimony of the basis is given, may be received in evidence regarding:
frequently indicated by what same person on the a. Identity of person about whom he has adequate
was said by the person stand. knowledge;
engaged in the act. b. A handwriting with which he has sufficient
familiarity;
c. The mental sanity of a person with whom he is
Requisites of Entries in the course of business or the Shop- sufficiently acquainted; and
Book Rule d. The witness’ impressions of the emotion, behavior,
condition or appearance (EBCA) of a person.
1. The person who made the entry must be dead or unable
to testify; Explain the admissibility of Character evidence.
2. The entries were made at or near the time of the
transactions to which they refer; GR: Character evidence is NOT admissible in evidence.
3. The entrant was in a position to know the facts stated in
4. the
The entries;
entries were made in his professional capacity or in XPNs:
1. Subject to certain exceptions in criminal cases;
the performance of a duty, whether legal, contractual, 2. In civil cases;
moral or religious; and 3. In case the character of a witness has been
5. The entries were made in the ordinary or regular course previously impeached.
of business or duty (Regalado, 2008).
Explain Character evidence in criminal cases.
Requisites of Entries in official records
As to the Accused As to the As to the
1. Entries were made by a public officer in the performance Prosecution Offended Party
of his duties or by a person in the performance of a duty He may prove his They may not His good or bad
especially enjoined by law; good moral prove the bad moral character
2. Entrant had personal knowledge of the facts stated by character which is moral character of may be proved as
him or such facts were acquired by him from reports pertinent to the the accused which long as it tends to
made by persons under a legal duty to submit the same; moral trait is pertinent to the establish in any
and involved in the moral trait reasonable degree
3. Such entries were duly entered in a regular manner in the offense charged. involved in the the probability or
official records (Ibid.). offense charged, improbability of
unless in rebuttal, the offense
Requisite of Commercial lists and the like when the accused charged
opens the issue by
76
UST LAW PRE-WEEK NOTES 2017
shown that he
recollection, andhas
(3) the capacity of (1)(People
of communication. observation, (2) of
vs. Mendoza, 35, Rule 132) .
Every time a new witness is The evidence is only offered
254 SCRA 18) called to testify, there must once, after all the testimonial
be an offer of evidence. evidence are offered and
What is the presumption regarding the rule? prior to the resting of the
case for a party.
The Rule on Examination of a Child Witness specifies that
every child is presumed qualified to be a witness. To rebut NOTE: The presentation of a
this presumption, the burden of proof lies on the party documentary or object
challenging the child’s competence. Petitioners’ flimsy evidence for marking and
objections on Rachel’s lack of education and inability to read identification during the
and tell time carry no weight and cannot overcome the clear course of trial is not the offer
and convincing testimony of Rachel as to who killed her contemplated in the rules
father. (People Of The Philippines v. Edwin Ibanez Y Albante, Et (Riano, 2013).
Al. G.R. No. 197813, September 25, 2013)
The RTC could not take the declaration of Villas into
What is Live-link TV testimony of a child witness? consideration because Villas’ extra -judicial sworn statement
containing the declaration had not been offered and admitted
The court may order that the testimony of the child be taken as evidence by either side. The CA stressed that only evidence
by live-link television if there is a substantial likelihood that that was formally offered and made part of the records could
the child would suffer trauma from testifying in the presence be considered; and that in any event, the supposed
of
be.the
Theaccused,
traumahis counsel
must be ofora the prosecutor
kind as theimpair
which would case may
the contradiction between the extra-judicial sworn statement
and the court testimony should be resolved in favor of the
completeness or truthfulness of the testimony of the child latter. The CA’s negative treatment of the declaration
(Sec. 25). contained in Villas’ extra -judicial sworn statement was in
accord with prevailing rules and jurisprudence. Pursuant to
Explain the Sexual Abuse Shield Rule. Section 34, Rule 132 of the Rules of Court. (Emeritu C. Barut
vs. People Of The Philippines, G.R. No. 167454, September 24,
GR: It states that the following evidence is not admissible in 2014, Bersamin, J.)
any criminal proceeding involving alleged child sexual abuse:
When should objection be made?
1. Evidence offered to prove that the alleged victim
engaged in other sexual behavior; and, Testimonial Evidence Documentary and Object
2. Evidence offered to prove the sexual predisposition Evidence
of the alleged victim (Sec. 30(a)). 1st:When the offer was When the document is
made; offered in evidence.
XPN: Evidence of specific instances of sexual behavior by the 2nd: When an objectionable
alleged victim to prove that a person other than the accused question is asked of the
was the source of semen, injury, or other physical evidence witness.
shall be admissible (Sec. 30(b)).
By his testimony imputing the commission of the crime
OFFER AND OBJECTION against his wife, the husband is considered to have waived all
Is formal offer required before the court may consider an his objections to the testimony of his wife. It is to be expected
that after giving such a testimony, it is but normal for his wife
evidence? to rebut the allegation. (People vs. Francisco, 78 Phil. 694)
YES. Under the Rules, the court shall consider only the Tender of excluded evidence
evidence which has been formally offered . The purpose for
which the evidence is offered must be specified (Sec. 34, Rule When an attorney is not allowed by the court to present
132). testimony which he thinks is competent, material, and
necessary to prove his case, he must make an offer of proof.
NOTE: The failure to formally offer evidence must be This is the method of properly preserving the record to the
objected to, otherwise, this constitutes as waiver. end that the question may be saved for purposes of review
(Caraig, 2004).
When is formal offer of evidence NOT required?
How is tender of excluded evidence made?
1. In a summary proceeding, since it is a proceeding
where there is no full-blown trial; 1. As to documentary or object evidence:
It may have the
2. Documents judicially admitted or taken judicial notice same attached to or made part of the record (Sec. 40,
of; Rule 132).
77
REMEDIAL LAW
78