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Jurisdiction is the authority to hear and determine a case. BAR MATTER WRIT OF AMPARO PROPER – JURISDICTION
Any authority of the court may only be exercised if there is Appellate Jurisdiction of the SC
justiciable controversy. If the controversy is not justiciable, it is By appeal or certiorari so if it is by appeal it would be Rule 45
beyond the scope of judiciary. which is a mode of appeal. If certiorari, rule 65.
Jurisdiction lies with the regular courts.
One Supreme Court AS TO OBJECT: Umpisahan sa baba
Article VIII of the 1987 Constitution 1. Jurisdiction over the subject matter
Memorize Sec 5 Art VIII Jurisdiction over the subject matter is conferred by law.
Read BP 129, RA 7691, RA 8369
Regular Courts Family Courts and RTC are separate and distinct from each other.
Court of Tax Appeals had been regularized. It now forms part of Remember that Family Courts are creations of law. They are not
the regular courts. It has been elevated to the level of a CA. (RA instituted through SC Circulars. Unlike Special Criminal Courts,
9282) Intellectual Property Courts, Drug Courts.
Gipa Case A filed a complaint against B for sum of money. In A’s complaint,
SLU filed a case against Gipa et al for recovery of property of SLU. he never mentioned about DEMAND letters before he filed the
SLU won before the RTC of Sorsogon. Gipa appealed to the CA. complaint. In the course of trial, A’s counsel was trying to
He appealed by mail and pinadala yung pera. Pagdating sa CA establish that there was demand by presentation of demand
timely naman. CA said kulang ang docket fees. Gipa said it is letters. What should the counsel for the defendant do? The
enough they already paid 3000. CA said kulang ng 30 pesos. Gipa counsel for the defendant should object on the ground of lack of
argued I have paid substantially. SC said the court did not acquire jurisdiction over the issues. The objection must be immediately
jurisdiction because the payment was incorrect. raised. The issues regarding demand letters were not raised in
the pleading. What should the court do? Sustain. The court has
Saint Louis v. Cobarubbias no jurisdiction. What is the remedy of the plaintiff? go to Sec. 5
Cobarubias was an employee of SLU. Tinerminate siya. Talo si Rule 10. Amendment to conform to evidence.
Cobarrubias so he appealed(certiorari) to CA. Cobarubias paid
the docket fees. SLU opposed that it was paid out of time. The SC There are cases where the law already specifies the issues:
said the court did not acquire jurisdiction. The non-payment will Unlawful Detainer/Forcible Entry - issue of possession de facto.
not toll the prescriptive period. Any issue other than possession de facto is outside the
Defendant – upon valid service of summons or voluntary jurisdiction of the court. However, Sec 16 R70 when the issue of
appearance. ownership is raised in the pleadings, the court is not divested of
Co-defendant - upon valid service of summons or voluntary jurisdiction but must resolve the issue of ownership to resolve
appearance. the issue of possession.
3rd, 4th, 5th party defendant – upon impleading such party. You Probate of a will – the only issue is the authenticity and due
cannot implead them without leave of court. execution of the will. Ownership of the property belonging to
Intervenor – Rule 19. You cannot intervene without leave of estate is not the issue there. But it can be raised and therefore
court. the court acquires jurisdiction over the issue.
Parties to Crim Case - Republic and Accused
Spec Pro Petitioner 5. Jurisdiction over the territory – does not apply in civil
3. Jurisdiction res – “thing” cases. It applies therefore in criminal cases. The court
This refers to the object of the action. Should the court acquire must have jurisdiction over the territory. Territory
jurisdiction over the res in order to proceed with trial? NO. it where the crime is committed. In civil cases, territory is
does not have to. as long as the court has acquired jurisdiction not a matter of jurisdiction but a matter of venue.
over the person of the defendant, it does not have to have Venue is jurisdictional in criminal cases
jurisdiction over the res. But when is jurisdiction over the res
necessary? When the court cannot acquire jurisdiction over the Rules on VENUE
person of the defendant. The case can continue nonetheless, as 1. provided for by law or Rule
long as the court has jurisdiction over the res. If it is a right, it will 2. Agreement of the parties
not apply. 3. Apply Rule 4 Sec. 1 or Sec. 2
Example
If A files a case against anyone, will that be valid to the aspect of What is the effect if you failed to implead the necessary party?
indispensable party? Yes. A does not have to include B, C, D and You cannot run after him anymore.
E because he is a party plaintiff.
BAR
Suppose X would like to sue relative to co-owned property of A, Exceptional case:
B, C, D and E, should A, B, C, D and E be impleaded as An indispensable party was never impleaded by the SC said that
defendants? Yes. the judgment is valid. That is the judgment laid in the case of De
Castro v. Court of Appeals. In this case, there were five siblings,
Suppose X only impleads, A and B, leaving C,D and E as non party they owned a property (co-owners). Two of the sisters entered
to the case, what will be the judgment? The judgment will be null into a contract of agency with X, authorizing the latter to sell the
and void not only with respect to C,D and E but also to A and B. property. The property was finally sold pursuant to the contract
of agency. Thereafter, X filed a complaint against A and B,the two
Please read Cases: sisters on the ground he did not receive the commission
Iglesia ni Cristo v. Ponferada pursuant to the contract of agency. The two sister file a motion
David vs. Paragas Jr. (source of BAR question) to dismiss for failure to implead an indispensable party, C, D and
Land Bank of the Philippines vs. Cacayuran E, the other three sisters. When this reached the SC, the SC
sustained the doctrine which I have enunciated. While co-owners
Who were considered indispensable party? re indispensable parties, but here, the judgment is valid because
the kind of action is based on the contract of Agency (breach of
In the case of David vs. Paragas. The Corporation known as contract).
Olympia, was never impleaded in the action. The action was only
against the petitioner, Paragas and David and Co., never Landbank vs. Oliver
impleading the corporation which they were the
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Oliver 1 secured a loan with Chinabank. It was secured by the No, the case should continue. But it is now incumbent upon the
property owned by Oliver 2. During the pendency of the loan, counsel of the other party to cause the substitution. This time, he
Oliver 2 (true Oliver) said “I am the right Oliver, the one who has to make sure that there is an appointed executor or
contracted the loan is not the true Oliver.’’Oliver 2 filed a case administrator of the estate. So iba. Kapag ang nagsubstitute ay
against the Bank. The Bank moved to dismiss the case on the ang counsel of the decedent, no need for appointment. He just
ground of failure to implead an indispensable party (Oliver 1). need to report that these are the heirs of the decedent. And if
According the SC Oliver 2 is a third party, and therefore, Oliver 1, they want, they have to appear within a certain period of time
the mortgagor is not an indispensable party. and the case continues. But kung hindi ginawa yan, then the
other party will do it, But this time, he have to cause the
When a mortgagee filed a case for the annulment of mortgagee. appointment of the executor or administrator of the estate.
The mortgagee is an indispensable plaintiff. And who will be the
indispensable defendant? The mortgagor is an indispensable This means that the appointment that appointment is judicial.
defendant. But in this particular case of Landbank and Oliver, Now, if he does not do this, this is without prejudice.
take note that it was not the mortgagor who filed the case but
rather a third party so that the mortgagor there is not an This is an exception to the cutting of the lawyer-client
indispensable party. relationship.
Transfer of interest But this provision applies only when the actions survives.
The transferee is not an indispensable party. The transferee is
only a necessary party. Section 17
When a public officer is incapacitated or dies or resigns, what
Relate this also with Rule 68. Under rule 68, which provides that happens to the case? It is now incumbent now on the successor
in action for foreclosure a real estate mortgage, you have to whether to continue or not to continue. Hindi mandatory. The
implead all persons whose rights are subordinate to that of the successor may or may not continue the action upon the
holder of the mortgage. Are they indispensable parties? No. They incapacity, death or resignation of the public officer.
are only necessary parties.
Section 20.
Unwilling plaintiff Very complicated. Apparently simple but complicated.
Unwilling plaintiff is one who does not want to join the prey.
What you need to do with an unwilling plaintiff? Sue him as Contractual money claims. Sino ang namatay dito? Not the
defendant. plaintiff, it is only the defendant. And what is the nature of the
action? It is an action for money but based on contract, whether
Example: A, B , C ,D and E are brothers and sisters who are co- express or implied. This is an example that of a case that
owners of a property. A would to file a case and he asked B or C survives.
or D or E to join him but refused. Can A possibly sue them? Off
course. But why he should do it? The principle is that only one co And when the defendant dies, the rule is, the case should not be
–owner plaintiff is an indispensable party. But supposed he dismissed but shall proceed upon entry of judgment. It does not
wanted to implead them, he can do so, considering that they are say upon final judgment but up to final entry of judgment. And
an unwilling plaintiff. you know very well than an executory judgment must be final
but a final judgment is not necessarily executory. And ang
The most important Sections in Rule 3 are Sections 16,17 and 20. continuation dito ng kaso is up to entry. In other words,
thereafter after the judgment has been rendered, execute and
Section 16. Death of a Party satisfy the judgment. And how do you normally, execute and
Under section 16, when a case is pending and one of the parties satisfy a judgment, Rule 39, you file a motion for execution.
dies, what happens? You have to qualify whether the action
survives or the actions does not survive? If the action does not BAR
survive, then wala na, dismissed na. But if the action survives, it Is that applicable under Section 20? No. That does not apply in
is the duty of the counsel of the decedent to cause the the section 20. Because to execute an entered judgment on
substitution of the decedent and he has to do that within a contractual money claims, you have to apply it as a claim against
period of thirty days. But please underscore that these does not the estate under Rule 86. Very exceptional because you do not
require for the appointment of the executor or administrator. go to the usual route under Rule 39. Lumabas sa 2014 bar exam
Why I emphasize that? Because upon the death of the person, he pero indirectly.
is succeeded by the estate.
When the defendant dies pendete lite in an action for sum of
The counsel of the decedent does not have to secure the money based on contract, either express or implied, the case
appointment of the executor or administrator. Any heir can be shall no be dismissed.
substituted. Exceptional, exceptional, that is why I give emphasis
to that. Tignan moa ng next paragraph. So may cross reference yan sa Rule 86. You will find out that
claims against the estate are limited only to four: funeral
Next paragraph provides that if after 30 days or if the counsel of expenses, expenses of the last illness, judgment for money and
the decedent does not substitute, Should the case be dismissed? money claims.
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In order to be binding, the agreement must be couched in terms
If the action is recovery of real or personal property, or any of exclusivity and a word “shall” is not mandatory. It should be
interest therein or lien thereon, you do not apply 86, you apply stronger than than that. The term exclusively will do. In no other
87, actions by or against executor or administrator. place, this is a term of exclusivity. But a simple word “shall” is not
mandatory because the purpose of the venue is for the
Let us complicate further. convenience of the parties.
Suppose during the pendency of the case, the plaintiff was able
to secure a writ of preliminary attachment under Rule 57, so Read the following case:
during the pendency of the case the property is already attached Shaunfeld Doctrine
to secure the satisfaction of a favorable judgment. Then the Sweetline vs. Teves (Contract of Adhesion)
defendant died. What happens not to the attached property?
Will you apply the usual procedure in 57? You don’t have also to BPI Savings Bank vs Sps. Cojuito, 2015 case. (BAR matter)
proceed under Rule 39 or you immediately proceed to Sale on Subsidiary issue on venue. Extra-judicial foreclosure. Remember
attachment? Or you will go again in the settlement of the estate? that under extra-judicial foreclosure, walang deficiency
judgment. But is that proscribed absolutely? No. Of you want to
Answer: You have still to go with the settlement of the estate. collect your deficiency in an extra-judicial foreclosure, you have
But the attached property is not discharged by the death of the to file a separate action. In this particular case, mayroong
defendant. Hindi mawawala yung settlement of estate. Tuloy pa deficiency. The deficiency was brought in Makati when the
rin. properties was found in manila and according to the respondent,
the case should be dismissed on the ground of improper venue.
Correlate also with Rule 130 (Evidence) Why? Because this deficiency judgment is just a continuation of
Section 23. Deadman’s statute disqualifications. Ano ang the original foreclosure action. The SC said, this is different. This
requirements? is extra-judicial foreclosure. So that a separate action is no longer
Four requirements (2 and 3 requirements): a real action but rather a personal action. And because it is a
2. Action must be against the executor or personal action it must be brought with the residence of the
administrator. plaintiff or defendant at the option of the plaintiff. Hindi na eto
3. It must be a claim against the estate. real or quasi-real action. Dun kayo possibleng tanungin.
Hindi ba conflicting? Why? Claims against the estate is in Section The rule provides that in the absence of an agreement, apply
5 of Rule 86. An action by the executor or administrator is under sections 1 and 2. If it is a real action, venue is where the property
87. So bakit yun ang kelangan ng deadman’s statute? or portion thereof is located. When it is a personal action, then,
at the residence of the plaintiff or any principal plaintiff or
Conflicting yung two requirements. No. That’s not. The defendant or principal defendants at the option of the plaintiff.
interpretation of claims against the estate there is not under
section 5. In other words, even if you file the claim against What are the basic distinction between venue and jurisdiction?
executor or administrator, the one ultimately liable is the estate. Jurisdiction is the authority while venue is the place. Venue is not
You are not filing this against executor or administrator in his/her conferred by law and can even be subject to agreement but
personal capacity. But in his representative capacity. jurisdiction is conferred by law and cannot subject to agreement.
And hence, as consequence of that, venue is waivable while
Section 21, Indigent jurisdiction is not. Finally, venue creates relationship between
Itatanong pa bay an sa bar? Hindi na. the parties while jurisdiction creates relationship between the
court and the parties.
Rule 4. Venue
Doctrine: The present rule now is that no waiver of venue when you fail to
Venue is jurisdictional in criminal cases. But in civil case, the rule file a motion to dismiss on the ground of improper venue.
in venue is not section 1 and 2, but rather Section 4. If there is Because venue now may be raise as an affirmative defense in
law that provides for venue, that must be followed. You cannot your answer. But once you fail to raise that in your answer, that
do anything but to follow the rule. For example, Rule 66 quo is where the waiver lies.
warranto. Under Rule 66, the venue must be the respondent’s
residence. The law on adoption, the rule on venue is the Rule 5. Uniformity
residence of the adopter. The law on guardianship, the residence
of the ward is the venue of the action. Summary Procedure (1991 Revised Rule)
Amendments not yet incorporate in the revised rule:
Paragraph a of section 4, is the general rule. In the absence of a 1. Limitation on the attorney’s fees (no longer applicable)
rule or a law, providing for venue, paragraph b. You go now to
the agreement od the party. The First thing you should note is Salient points:
that the agreement must be entered into before the case is filed. 1. Summary procedures apply only in the lower courts.
You cannot agree on the venue while the case is pending. It must There is no summary procedure in the RTC or higher
be before. courts.
3. The prescriptive procedures are shorter than regular So these are the different kinds of pleadings. The last party that
procedure. we discuss was the intervenor, E. So what is his position in
4. There are prohibited pleadings. Take note of this relation to the pleading? He crosses the entire action. Under Rule
prohibited pleadings because we will going back to this 19, it says there that the intervenor must have interest over the
on writ on amparo. subject matter or he must have interest in favor of the plaintiff or
interest in favor of the defendant, as the case may be.
Motion to dismiss is a prohibited pleading under Rules on
Summary procedures. Is that absolute? No, may exception: (1) So pag meron kayong mental picture nitong relationship, it is not
MTD on the ground of lack of jurisdiction (2) non-compliance difficult to analyze the problem. Pag binasa nyo halimbawa isang
with the conciliation proceeding under the barangay conciliation kaso, Asian Development Corporation vs. Court of Appeals, you
procedure rule (pre-maturity). get lost along the way because the case uses co-defendant, then
counter claimant, then third-party, fourth-party, so ang dami, so
Demurrer of Evidence is a form of motion to dismiss. Is it a you get lost along the way. But with this mental picture, you
prohibited pleading? The answer is no. Why? (1) The demurrer is never get lost along the way.
for the purpose of expediting. (2) What the law does not include
it excludes. In the law, demurrer to evidence is not a prohibited Let us discuss them one by one.
pleading. Compliant
The first pleading is the complaint. Section 3 of Rule 6 says that
How about motion for reconsideration? Are they prohibited the complaint is the pleading alleging the plaintiff’s cause or
pleadings? Yes, but take note. Motion for reconsideration of a causes of action. We discussed that already in relation to Rule 2.
judgment. So if it is an interlocutory order, motion for
reconsideration is not a prohibited pleading even under the rules Answer
of summary procedures. How about the answer? The answer is the pleading emanating
from the defendant is response to the complaint. What is
If a case is handled by the MTC under the Rules on Summary constituted in the answer? Defenses.
Procedures, and judgment was rendered and it was appealed, it
is no longer covered by the rules on summary procedure. Kapag Under the rules, there are two general kinds of defenses. It can
umakyat na yan sa RTC or higher, regular procedure na. either be negative defense or affirmative defense. And what is
negative defense? Negative defenses are of two kinds. The first
Rule 6: Kinds of Pleading kind is specific denial of the allegations in the complaint. And the
Imagine five lines. Line 1, line 2, line 3, line 4 and line 5. These second one is lack of knowledge sufficient to form a belief as to
are connecting lines between the plaintiff and the defendants. So the truth of allegations of the complaint.
let us give one plaintiff here A as against defendant B and C.
These are the two kinds of specific denial. When you deny the
A is the plaintiff. B is the defendant allegations in the complaint, which is found in your answer, it is
not specific simply because you are using the word “specific”.
1st line from A to B, represents complaint. When you say “I specifically deny the allegations in paragraph 2
2nd line from B to A, represents answer. of the complaint.”, that will not be a specific denial.
3rd line from A to B, represents reply.
4th line from B to A, represents counterclaim. So how do you specifically deny, give the reason, give the basis
5th line from A to B, represents counter counterclaim. for your denial. “Defendant specifically denies the allegations in
So that is to the maximum the pleadings referred to in Rule 6. paragraph 5 of the complaint, the truth of the matter being that
…” Ibibigay mo yung reason. Being that, I never borrowed
A line connecting B to C or C to B represents the cross-claim. So Php50,000 from the plaintiff. So may rason ka. But to put an end
when you hear the word cross-claim, alam nyo agad kung saan after denying it or using the word specifically, does not amount
yun. If there is only one defendant, there is no cross-claimant. to specific denial.
Hindi magkakaroon ng cross claimant.
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In the second kind of specific denial, baliktad naman ang These is very pronounced in criminal cases. In criminal cases, if
ginagawa ng mga abogado. Example: As to paragraphs 8,9 and you are charged for a crime, and you put up an affirmative
10, defendant has no knowledge sufficient to form a belief as to defense, it means, that you have done the charged. But you put
the truth of them or those allegations. Period na dapat, huwag up something to contravene the claim, to defend yourself from
nyo ng dadagan “and therefore, they are denied.” Otherwise, any liability.
you are contradicting yourself. If don’t have any knowledge
sufficient to form a belief as to the truth of the allegations, how BAR
can you deny that? Wala ka ngang knowledge eh. Lumabas yan sa BAR. Akala mo the question is Evidence but the
answer is actually in Rule 6. Question: What is an affirmative
Negative pregnant. defense? its effect.
Negative pregnant is a sign the of contradiction. Because when
you are pregnant, you are positive. But this is an instance when If an accused is charged for the crime of murder, and he puts up
you are claiming you are pregnant but you are negative. It is a an affirmative defense of self-defense. It means that he really
denial pregnant with admissions. killed the victim. But in so doing, he is nonetheless not criminally
liable. Otherwise, he would have killed. Ang defense, affirmative
So when is there a denial pregnant with admissions? When the defense.
allegations is a simple declarative sentence, negative pregnant
will not apply because there is no qualification in the allegation. When the defendant or the accused puts up an affirmative
Example, defendant borrowed Php50,000 from the plaintiff, wala defense, the effect of that is REVERSE TRIAL. Evidence na yun.
jan, that is a simple declarative sentence. There can be no Kaya nga pag tinanong ka “What is a reverse trial?”, kung di mo
negative pregnant applicable there. You either deny it or admit alam ang affirmative defense, di masasagot yun. There is only a
it. Hindi pwedeng deny pregnant with admission. reverse trial when the accused/defendant puts up an affirmative
defense. In the order of trial under Rule 132, nalakagay dun
Baguhin natin, let make the allegation/sentence more complex. mauna muna plaintiff pagkatapos ang defendant. When the
“Defendant borrowed Php50,000 from the plaintiff while the defendant/accused puts up an affirmative defense, ano pa ang
plaintiff was washing her clothes. You deny it. “I did not borrow evidence in chief ng plaintiff? Wala na, admitted eh. So ang
Php50,000 while plaintiff was washing her clothes. Negative magprerpesent na ng evidence would be the accused.
pregnant. Bakit? Because when you deny that you never
borrowed money from the plaintiff while the plaintiff was Charged for Murder. Affirmative defense of self-defense. So
washing her clothes, you must have borrowed sometime, while admitted na the fact of killing. So hindi na magpuput-up ng
doing other things, (perhaps, while going to the market). Yun ang evidence in chief yung prosecution. It is now incumbent upon the
concept ng negative pregnant. defense to put up its defense, yung evidence in chief nya sa self
defense. After that, ang mga susunod na, yung prosecution. The
Landmark case on negative pregnant: prosecution will put up rebuttal evidence.
1972 case of Galopa v. Ni Bong Sing
Reply
Latest cases: Under the rules, reply is the answer/response to the answer.
Republic vs. Sandiganbayan. Eto yung kaso ni Emelda Marcos.
The Republic of the Philippines before the Sandiganbayan If you do not file a reply, the allegations in the answer are
charged the Marcoses of having stolen millions of dollars and deemed controverted. You are in effect denying the allegations
deposited it in seven Swiss bank accounts. Allegations yan. Ano in the answer. So you do not need any reply. However, there
ang denial ng mga Marcoses, “we never deposited money in instances where reply is necessary. When the answer puts up a
seven Swiss bank accounts”. Negative pregnant yan, baka you defense which is totally alien from the allegations in the
deposited it in twelve Swiss bank accounts not is seven Swiss complaint. Then there is a requirement for a reply.
bank accounts.
Example. Rule 8, section 7 & 8, actionable documents. When the
Affirmative Defenses. defense puts up an actionable document, kelangan yung reply.
When the defendant puts up an affirmative defense, it means Because if you don’t, the Rule provides that it is deemed
that he is admitting the allegations. There is an implied or admitted. Which is admitted, the authenticity and due execution
hypothetical admission when the defendant puts up an of the document. They must be denied specifically under oath.
affirmative defense. But, in putting up that defense, the
defendant he uses other matter in defense of his position. Under General Rule: No reply is necessary. Exception: When the
the rules, andami jan. The enumeration is not even exclusive. But answer puts up new matters.
some will give you an idea what an affirmative defense is. Like
payment, collusion, statute of frauds, statute of limitations, Counter claim
prescription. When the defendant says of payment, he is The counterclaim is the complaint of the defendant against the
hypothetically admitting that he really borrowed the money from original plaintiff. Hiwalay na pleading ang counterclaim. It is a
the plaintiff and by borrowing money, he admits the allegations different pleading from an anwer.
that he owes the plaintiff. However, he is no longer liable
because he has paid it. May a plaintiff be declared in default?
Rule 10 if you tie it up with on evidence you will find out that as a Pag service of summon don sa middle, public officer designated
remedy against that issue that court has no jurisdiction over such by law – 30 days.
issue. You ask for an amendment to conform to evidence.
Pag dito sa una at pangatlo ganoon parin 15 days pa rin yon. Ito
Ngayon, when a pleading is amended, what happens to the lang public officer designated by law – 30 days. Which law?
admission in those pleadings, so this is partly tying up with Philippine law NOT a foreign law.
evidence? The admissions there already become extra judicial
admissions because in rule of evidence admissions in the Halimbawa, yung case filed against BANK MILWAUKE, alam nyo
pleadings are judicial admissions and under the rule of evidence kung nasaan ang Milwauke, that is a foreign corporation, so if
judicial admissions need not be proven. Di ba kasi tinanggap na you do not find any representative or agent here, where do you
yan, di mo na kailangan i-prove. But when you amend a serve it, you serve it on the governor of the central bank, that is
complaint for example the admission in the complaint or answer the public officer in the Philippines designated by law. Now,
for that matter become now extra judicial admission and extra upon receipt of the governor of the central bank? No. Upon
judicial admission must be proven so that they are not receipt still from the governor of the central bank by the Bank of
admission unless they established. Yan ang effect. Milwauke – 30 days yon mahaba rather than the usual 15- day
period.
There was a landmark case. Ang tagal na nitong kasong ito.
BUHAT VS. COUR OF APPEALS (265 SCRA 701, December 17, BANK OF NEW YORK – New York Insurance Company, wala kang
1996). Criminal ito. The information was for homicide. Buhat resident agent na makuha dito sa Pilipinas, you serve the
was charged for homicide. There was an amendment made from summons upon the Insurance Commissioner that is the public
homicide to murder. The issue is: Is that substantial or formal officer designated by law. Answer to the pleading is 30-day
amendment. Well pag tiningnan mo at face value definitely alam period. So tag isa lang ito yung 60 day at 30 day.
mong substantial yan di ba. Yung penalty ibang iba. Substantial Ano ang 15 day – Yung 15-day period, Any summon served when
yan. You are charged for homicide and then amended to murder. the case is covered by regular procedure. 15 days yan. Regular.
That would definitely be substantial. But in this particular case of
Buhat vs CA, The supreme court said No, that is only formal. Ano yung pangalawa. When there is an amendment and the
Bakit? Because the allegations in the information amount to amendment is a matter of right from receipt doon. 15 days don.
murder but the title was homicide. That is peculiar. Using the
And also, Third party complaint yung mga sagot doon – yon
basic principle in civil procedure that what counts are the
because that is in effect, an original complaint 15 days.
allegations in the body rather than the title. Bale wala yung
title. Tatlo lang ang 15 days. All the rest 10 days. Madali lang tandaan
ang Rule 11.
In criminal procedure, amendment must not be confused with
substitution. Amendment is different from substitution. Ano yung all the rest? Amendment when it is not a matter of
Substitution is a new charge while Amendment it is simply right answer thereto 10 days. When a complaint is filed and the
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case is governed by the rules on summary procedure 10 days Halimbawa: A motion for bill of particular is denied. The rule says
yan, counterclaim 10 days, crossclaim 10 days, counter the party has a balance of the period but not less than 5 days – A
counterclaim, 10 days yan. Lahat yan 10 days. complaint was filed by Mr. A and summons was served upon B
the defendant on January 5. So Mr. B has until January 20 within
Let me emphasize one thing, Bill of particular, 10 days din yon.
which to file his answer. On January 6, instead of filing an
RULE 12 Bill of Particulars answer he files a Motion for Bill of Particulars, denied. So he has
only the balance of the period but not less than 5 days. What is
Importane pa ito. The case of Juan Ponce Enrile is a good source the balance of the period? One day lang ang na-consumed. He
for a bar question on Bill of Particulars, that is August 11, 2015. has 14 days.
Remember, that when in civil cases, a party files a motion bill of The next question is where do you count the 14 day period from?
particulars, unang una the court may either grant or deny the Ang pagkakamali ng karamihan you count it beginning with
motion for bill of particular. It has the same nature and purpose. January 20. That’s wrong, mali yon. Logic will tell you that you
What is the purpose for filing a motion of bill of particular - to can not start counting on January 20. Bakit natanggap mo na ba
give adverse party, for the other party, a chance to answer yung order, denying. You have not even received the copy of the
correctly. order. You did not even know when it was denied. You count the
14 day period from the time you receive a copy of the order.
Halimbawa yung complaint says that you borrowed money from
Very clear yan sa rule.
me in the total amount of 1 million pesos on 3 occasions. Eh ang
labo non. Ano ba, Kelan ba yon ba yung 3 occasions I borrowed a Halimbawa, the same scenario. Summons was served in January
total amount of 1 million from you. I-particularize mo. I cannot 5. B has until January 20 within which to file an answer. He files
answer this. So idedetalye mo yon. instead of an answer, a Motion for Bill of Particulars on January
19. One (1) day na lang on the balance of the period and it was
So if the motion for bill of particulars is granted – dito yung 10
Denied. He has the balance of the period but not less than five
day period na sinasabi. So if granted magfile ka ng bill of
(5) days. Where do you count the 5 day period from? Don’t
particular. Or the other way of complying with the grant of a
count it from 20, 21, 22, 23, 24, 25. Mali yon. You count it from
motion for bill of particulars, is amendment, i-amend mo yung
the time you receive a copy of the order, if you receive it
complaint. Although you may not amend the complaint proper.
February 10, start counting 11, 12, 13, 14, 15, you have until
You can file a specification of allegations. Separate pleading but
February 15. Ganoon ang pagbilang. Kumpleto and daliri pero
Masalimuot yon. The better way in actual practice i-amend mo
kulang ang bilang o mali.
ang complaint. I-detalye mo kung ano nandoon. That is, If it is
granted. Pero naman kung granted, the burden now is on with the
plaintiff now when it is granted. The plaintiff has 10 days within
Supposed it is denied, if the motion for bill of particulars is
which to file a Bill of Particulars but from receipt also of the
denied, the defendant has only the balance of the period but not
order granting the bill of particulars, syempre, the logic dictates
less than 5 days.
so.
In other words, the NAPES doctrine, the fresh day-period rule,
RULE 13 Filing and Service of Pleadings, Judgments and Other
will not apply.
Papers
1. So this is the first instance, where the fresh day period will not
Filing and Service are two different things. Don’t confuse one for
apply, Rule 12. Because the party has given only the period but
the other. Filing is the presentation of the pleadings or
not less than 5 days.
submission of pleadings with the clerk of court. Service is
Where else is NAPES doctrine inapplicable also in: furnishing of a copy to the adverse party. Syempre yung filing
wag nang sabihin Filing mandatory ba yan. Yung service ang
2. Rule 16 Motion to Dismiss, and pinag-uusapan. Paano malalaman ng korte kung hindi mo ipapa-
3. Rule 62 Interpleader, and file. Service is mandatory yan para malaman naman nya kung
ano ang reklamo. Under Rule 13, let me discuss about three (3)
4 . Rule 64 Review of Judgment from COA and COMELEC. issues of concern:
Ito ang apat na Rules 12, 16, 62, and 64 the Napes doctrine will 1. Modes and manner
not apply because you will have the balance period but not less
than 5 days. Filing are of two 2 modes: You can file either
Tingnan nyong mabuti yung Computation of Time under Rule 22, a) Personally and
always to exclude the first day and include the last day, regarding b) By registered mail.
the balance of the period. Tingnan mo kung kelan ka
magsisimulang magbibilang.
You received a copy of order by a registered mail, what is the c) any person authorized by the court.
rule provides, when it is considered complete:
So if you will add:
2.1 Pag Personal, no question about that, it is complete upon
Can the plaintiff serve the summons? Yes, if he is authorized by
delivery.
the court.
2.2 If regular mail: 10 days
Can the Policeman serve the summons? Yes, if he authorized by
2.3 If registered mail: 5 days from receipt of the first registry the court. But if he is not authorized, ito lang dalawang ito the
notice deputy sheriff and sheriff himself.
Judges are very much concern, and this is very common in court,
some lawyers will say your honor for the past meetings Modes of manner in service summons
complainant or plaintiff has not appeared. I moved for the
What are the modes of manner in service of summons or
dismissal of this case for failure to prosecute. Titingnan ng court,
summonses?
counsel there is no notice, no notice of the receipt of the order –
yun ang malimit ngayon no receipt of the order. Will give him The first is Service on person of defendant huwag nyo nang
another chance. This is an everyday occurrence in court. Clerk of sabihin personal as not to confuse it with service of pleadings in
court, let’s reset this. We are now in September, let’s reset this. Rule 13. Personal service pa doon. Pero pagdating dito sa
The clerk of court will go over it. Your honor can we reset that Summons sa Section 6, already said service on person of the
next week or week after next? Let us see. No available date. defendant. Parang madali ma-differeniate doon sa service of
When is the next setting? January of next year, that is normal in pleading in Rule 13.
courts now. Justice delayed, justice denied.
Pangalawa: Substituted service of summons.
Under Rule 14 there are specific kinds of individuals there, like Una. It must be established that earnest efforts to serve the
for example: summons on the person of the defendant. In other words,
before you can avail of the substituted service, you have to
Section 9. Prisoners – When a Prisoner is a defendant in a civil establish that there were efforts to serve the summons on the
case. Pwede ba yon, siguro. Dadami ito. Kasi pwede yung mga person of the defendant. There being efforts which did not
civil cases against drug lords na nakakulong. materialize, you have now to serve it on either the person’s
residing in the residence of the defendant or the person in-
So how is summons served on this prisoner? It is served upon
charge of the office of the defendant.
the prisoner. Do not misread section 9. It is not served upon the
warden but it is served to the prisoner through the warden. Nakita mo yung distinction dito nauna muna yung residence
Aside from the sheriff, deputy sheriff, this warden falls under any pagdating doon sa pleadings which is part of personal part of
other person authorized by the court. pleadings nauna yung office because the presumption there, is
there is already a counsel. Dito summons ito, there is no counsel
So, service on the warden is invalid because the service upon
yet. So, you will start with the residence. Now doon sa
prisoner must be on the prisoner through the warden.
residence serve it not on anyone but on someone residing there
If the defendant is a minor or incompetent, you can serve that, on the residence of the defendant.
ito pwede sa parent, if no parents, guardian, if no guardian, you
So, if he is the maid, he is residing there unless he is pumumunta-
still ask from the court an appointment ad litem.
punta lang doon. Sa Pilipinas katulong natin parte ng pamilya.
How about juridical entities – juridical entities, you should But aside from being a resident at the residence of the defendant
distinguish them into two (2) the public the private? As to public he must be of age, under Manotoc doctrine, age there is legal
juridical entity, then serve it on the head of public juridical entity, age, he must be at least 18 years old. So, si sheriff dapat
if in the city, the city mayor, if it is municipality, the municipal tanungin ilang tao ka na ba. Di na magtatanong si sheriff kung sa
mayor, if it is the province, the governor. itsura ng tao kwan na eh talagang tatanungin mo pa kung wala
ng ngipin. Hindi na. If nagda doubt ka, tanungin, aside from age
But if is a private juridical entity, make a distinction, whether it is
must be of discretion. Ano ba discretion doon. Discretion, there
domestic or foreign. We discussed already Foreign, Private
is maturity. Who assesses if the person is in discretion? Sya
entity, Section 12, yung tatlo: una resident agent, pangalawa
mismo…yung tumambang sa harapan mo sa bahay. Hindi mo
public officer designated by law, pangatlo any representative or
alam kung ikaw ang tinitingnan, naglalaway. Syempre, Nasa sa
agent found in the Philippines.
iyo na yan. In other words, What counts in the validity of
Pag private domestic juridical entities, ewan ko ba kung bakit summon is the return. Very important yon. The sheriff’s returns
hanggang ngayon jurisprudence is still hold on to VILLAROSA yun ang magpre-prevail.
DOCTRINE hanggang ngayon, the enumeration therein is
Pag doon naman sa office pareho rin. But the one to whom you
exclusive and limited you can only validly serve summons to a
serve the summons at the office of the defendant mmust be
domestic juridical entiry to six (6) individual enumerated therein.
incharge of the office. So pagpunta mo doon halimbawa
Memorize that, madali lang naman. Sino ba mga boss:
pagkatok mo may nakita ka sa likod ng pintuan na nandoon
1. President, pangalan, kukuyakoy pa or nakataas pa ang paa, ano yan
summons po, akina, tinuktok pa, pumirma, and is so happens it is
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the janitor. He is not in charge of the office. He is incharge of the Ano doctrine dito: There was no valid service of summons upon
garbage of the office. Ganoon din security guard, he is in-charge Mrs. Valmonte because Mrs. Valmonte is outside the country. It
of the security and of the building but not in-charge of the office. should be extraterritorial. In extraterritorial service, wala
yung secretary? Yes, the secretary is in charge of the office. namang substituted service of summons. Hanggang nagyon,
nandyan pa yan Section 15.
What is very important when you get into the practice? Look
into the sheriff returns. Practical ito. That will prevail. Kasi dapat Yung sa publication, yung Sections 14 and 16 as of now, where
doon sundin ang Manotoc there must an earnest efforts of the whereabouts are unknown or the identity is unknown or the
serving it. At ano ang Concept of earnest effort? There must be defendant is temporarily outside the country.
an earnest effort to serve it in the person of the defendant, you
Is that the only way by which the court could acquire jurisdiction
tried to serve it for at least three times, Two of which must of
over the person of the defendant?
the same day. This is a Manotoc doctrine. Pag di yon sinunod,
invalid service of summons. Kaya ang buhay mo ay nakasalalay sa No, the last section of Rule 14, provides the other way which the
sheriff. court could acquire jurisdiction over the person of the defendant
and this is voluntary apperance.
Take note that in the extraterritorial service of summons, walang
substituted service, napansin nyo ba, under Section 15 ano yon The prevailing doctrine now under voluntary appearance is:
personal, publication, any other mode authorized by the court. MILLENNIUM INDUSTRIAL CORPORATION VS. TAN. So that
Walang substituted service. voluntary appearance to be valid way by which the court acquire
jurisdiction over the person of the defendant, the appearance,
If the defendant is outside the country you can avail of this but
the submission must be unequivocal and categorical. So, when
be sure not by substituted service. But my point here bakit wala
you go to court and enter special appearance precisely for the
ang substituted service kasi it is easily be controverted and
purpose is to question the validity of the service of summons
chances are it will be invalid. Or the best way, for purpose of
that is not voluntary appearance.
outside the country service, is by publication and any other mode
authorized by the court. So when there is voluntary appearance? Example, when you
asked from the court an affirmative relief. Halimbawa: Motion
This is common in cases of declaration of nullity of marriage.
for extension for time to file an answer. That is a voluntary
Most of the defendants are outside of the country. Under Rule
appearance. Motion to set aside an order of default. But if you
13, if summons is through publication then the finality of the
are questioning the jurisdiction of the court even if you raised
judgment must also be through publication. When you received
other issues other than the lack of jurisdiction of the court, there
the judgment it must be published otherwise you will not get a
is no voluntary appearance.
Certificate of Finality. So that, the finality will begin to run.
General rule: every case before it is filed with the court must first Under the present rule now, the court cannot defer a motion to
undergo Barangay conciliation proceeding and emphasize the dismiss. The court must either grant or deny it. Wala ng third
exceptions. Madami, para hindi ka malito sa pag alaala ng option. Only 2 options of court. There is no longer deferral of the
Once the stipulations are admitted, they don’t form part of the
---END---
trial anymore. The stipulations will be given to the court which
RULE 18 PRETRIAL
would right then and there write and issue the pre-trial order.
Relate to rule 118 (pre trial in criminal procedure) The pre-trial order is mandatory.
Today, pre-trial is mandatory in both civil and criminal cases. One new thing in the pre-trial order, the court will always ask you
If there is no pre-trial, there is irregularity in the proceeding. if you will avail the modes of discovery.
Under criminal procedure, Rule 121, irregularity in the proceeding Upon receipt of the pre-trial order, you have 10 or 15 days within
can be a ground for new trial. which to file a comment or opposition. Failure to file your
comment or opposition to the pre-trial order will hinder your right
Pre-Trial in CIVIL vs CRIMINAL to change anything during the trial. You will not be allowed to
As to OBJECTIVE present testimonial evidence not included in the pre-trial order
They have the same objective. Pre-Trial is there to expedite the but you are allowed to substitute.
proceedings. It is the guide to the trial. The stipulations and
admissions in the pre-trial will not be discussed during the trial. E.g. Those not marked as evidence will not be admitted.
As to PLEA BARGAINING
In criminal cases, part of pre-trial is plea bargaining. There is no Speedy Trial Act
plea bargaining in civil cases. You do not enter into a compromise In actual practice, it delays the proceedings.
in the pre-trial proper in civil cases.
You can plea bargain to a crime which necessarily includes or is Presence is mandatory in pre-trial.
necessarily included. Basis: Rule 9
If absent in pre-trial, immediately you are allowed to present
E.g. if you are charged with homicide, you cannot plea bargain to evidence ex parte and on the basis of such evidence judgment will
jaywalking be rendered.
The court acquires jurisdiction over the person of the intervenor There are 14 modes of discovery
upon approval of the motion for leave to intervene. RULE 27 provides 6 modes: Production and inspection of
documents and things
When can you intervene? 1. production of documents
GR: Before resolution of the action or before judgment. After 2. production of things
judgment you can no longer intervene. 3. inspection of documents
XPN: Because of TRANSCENDENTAL IMPORTANCE 4. inspection of things
Pinlak vs CA (this is the only exception). Here, the case was already 5. production and inspection of documents
in the Supreme Court on Motion for Reconsideration but there 6. production and inspection of things
was an intervenor which is the government. So the Supreme Court
said that “we will dispense with the rule” because of RULE 24 provides 2 modes:
transcendental importance. 1. deposition before action
2. deposition pending appeal
Doctrine in Pinlak vs CA: Newspaper of General Circulation
RULE 28 provides 3 modes:
RULE 20 Just read that (HAHA) 1. physical examination
2. mental examination
RULE 21 (43:44) SUBPOENA 3. physical and mental examination
2 Kinds You can avail of these different kinds and modes of discovery
1. Duces Tecum
2. Ad testificandum RULE 23 (BAR MATTER)
DEPOSITIONS PENDING ACTION
Whenever it is a subpoena dces tecum it is always at the same There is a pending case. You avail this mode of discovery when the
time ad testificandum. But it cannot be ad testificandum without case is pending before a court. Without the case pending, you
being duces tecum. cannot avail Rule 23.
Ad testificandum you are subpoenad to testify.
Duces tecum you have to produce certain document and testify When the court has acquired jurisdiction over the defendant or
thereon. over property, deposition pending action can be availed of by
leave of court. But once answer has been filed, there is no need
Can you quash a subpoena? for leave of court (Sec.1, Rule 23)
YES. When it is unreasonable.
Why? Parang baliktad?
Viatory Right Because the answer joins issues in the case. When issues are
You can assail or quash a subpoena issued against you if your joined, that delimits the issues in the case and when issues are
residence is 100 kilometers away from where you are going to limited because the complaint and answer have been joined,
testify (Sec. 10, Rule 21). there is no need for leave of court because the questions to be
propounded in the course of the deposition taking will definitely
If you do not follow subpoena, you may be declared in contempt limited to the issues as designed by the complaint and answer.
of court.
When you are declared in contempt of court, you can be arrested.
GR: A testimony must not only be credible by itself, it must also E.g.
come from a credible witness. The deposition will be taken in Michigan. Sasabihin mo sa client
mo, my deposition taking dun, pupunta ako sa America. Sabi nung
Here, the testimony as well as the witness are both incredible. client mo, “Atty., di ko kaya yan.” Sabi mo, “Sige bahala ka,
INADMISSIBLE. importante yun.” But if you are fair and just to your client, you will
say, “Okay, I will just prepare cross-examination questions.” Kung
Paragraph a, USE OF A DEPOSITION. tumugma, okay lang. Kung hindi, walang magagawa.
Paragraph b, DEPOSITION OF A PARTY, OFFICER OF A Send it to the deposition officer in the United States.
CORPORATION
- you can use it to impeach or for your own. RULE 23 does not apply in criminal cases. It started with People
vs Hubert Webb. Followed by Vda de Manguera vs Risos and
Under the rules on evidence, when you offer a part of the People vs Go.
deposition, the other can offer the entire. Deposition taking in criminal cases is not allowed.
It must be before a judge, preferably. BDO can also go to court and ask for the taking of the deposition
of JPE because you can foresee that sooner or later there will be a
RULE 24 DEPOSITION BEFORE ACTION OR PENDING APPEAL case relative to the 250Million obligation. Which I think by that
time will now be chargeable to the estate.
When the case is already on appeal, you can still ask for the taking
of the deposition. RULE 25 THE THIRD MODE OF DISCOVERY WHICH IS
INTERROGATORIES TO PARTIES
Where will you ask for that?
GR: With the appellate court. A party to the case can prepare questionnaire to the other party
which the latter will have to answer.
For what purpose? So that in case it is remand to the trial court,
the deposition can be used as testimonial evidence. Sec. 6 (IMPT)
The sanction for non-compliance to the rule.
Deposition is testimonial evidence.
The one who should prepare the written interrogatories and did
Can you offer such evidence as documentary? YES. The copy of the not do so cannot be compelled to testify in court or for his
transcript. deposition to be taken.
If you are not offering the evidence as to its content but only to The sanction refers to the party who should have prepared the
establish the fact that it was taken, it can be object evidence. written interrogatories in order to expedite.
E.g. Dito sa written interrogatories, pag sinagot yun, that will be set
I want to establish the fact that deposition was taken. aside as part of the trial.
You are not establishing the content. If content, that is testimonial Ngayon, my possible conflict when we were discussing pre-trial,
or documentary. hindi ba meron nadin dung stipulations and admissions? How will
that go together with interrogatories to parties? Hindi na ngayon
In case of pending appeal, in case of remand, ibabalik don, you can mag-aaply yun, because of the stipulations and admissions. So
use the deposition. these interrogatories to parties now would be those questions
after the fact. Kasi yung present during the pre-trial, i-stipulate mo
Ano yung before action? na yun. But after the fact if something happened, you can avail.
Wala pa ngang kaso, kukuha ka na ng testimony?
Yes. Because you can foresee that there will be a case. And by the So this is a second chance for you to expedite the proceedings.
time that there will be a case, baka hindi mo na makuha yung
principal witness mo. So ngayon pa man, kunin mo nay an. RULE 26 REQUEST FOR ADMISSION
First, which court has jurisdiction? Because this is a separate Ganun din, the sanction is upon the party who did not ask or
action. That is an action not capable of pecuniary estimation. request for admission.
Hence, RTC.
If I am the plaintiff, and based on the pleading, I know that there
Venue? The residence of the prospective defendant. are certain questions the answers to which can be done by the
defendant, I have to apply Rule 26.
Perpetuation of testimony under Rule 134. In fact, Rule 134 has
already been transposed to Rule 24. Because you want to I asked him, I requested him to admit the following, and if he does
perpetuate the testimony of someone kasi hindi mo nasisiguro not admit or answer, then the queries that I have prepared will be
that by the time you need his testimony, he would still be around. admitted as to their authenticity and due execution.
E.g. Note that as against 25, dito sa 26, this refers to DOCUMENTS.
Juan Ponce Enrile, he is now going to 92 yrs. Old.
Very colourful political life. Tie this up with Secs. 7 & 8 of Rule 8.
Ngayon, tahimik si Manong Johnny. Manner of making allegations in the pleading.
For instance, JPE was able to secure a loan worth 250Million from Actionable Documents.
BDO payable in 25 years.
So kelan matatapos ang pagbabayad ni JPE? 92+25=117 Will there be no conflict between Rule 26 and Secs. 7 & 8 of Rule
If you are JPE, pwedeng ma-foresee mo na magkakaroon ng kaso 8?
against you, or against BDO.
Ilabas mo na sa pre-trial kung gusto mong pamarkahan. The examination of B by Doctor X is at the instance of plaintiff A.
But if they are not available, you do this. Second chance request But who is entitled to the medical report of Doctor X.
for admission under Rule 26. A, because it was A who wanted B to be examined.
So the medical report of Doctor X must be given to A.
Look at Sec. 5
If Mr. B would like to get a copy of the medical report of his own
Rule 25, Sec. 6 vs Rule 26, Sec. 5 person and it is given to him, then to level the playing field, any
These are the sanctions examination conducted upon B by other doctors like Doctor Y,
there is privilege communication that is waived.
The sanction is on the person who should have availed of these
Rules but did not. B in relation to Doctor Y.
Under Sec. 6 of Rule 25, cannot be compelled. Because B asked for the result of his examination when he is not
entitled to that report. It should be. So A must also be given a
Dito, cannot be allowed to present evidence on those documents chance to see the medical report of Doctor Y on B.
because you failed to ask or request for admission.
The privilege communication between B and Doctor will be
RULE 27 PRODUCTION AND INSPECTION OF DOCUMENTS AND waived.
THINGS
6 in all RULE 29 EFFECTS OF REFUSAL TO COMPLY WITH THE MODES OF
But that can be joined together already because the subject here DISCOVERY
are not only documents but also objects.
1. that which is sought to be admitted is now deemed admitted.
Often used in Criminal cases 2. you can claim also for damages
Ocular inspection. 3. you can ask the non-compliant party to be cited in contempt of
court
E.g. 4. you can have him arrested.
Exhumation of the cadaver- because cadaver is already an object
Judicial Dispute Resolution
You can also examine a living body Depends if before MTC or RTC. The judge may conduct Judicial
Dispute Resolution (JDR) or one can move for JDR. The point is, if
RULE 28 PHYSICAL AND MENTAL EXAMINATION in the JDR, it does not materialize, the general rule is, the case will
Ties this up with privileged communication under Rule 130, Sec. be re-raffled, unless the parties agree to submit the same to the
24, particularly the relationship between a doctor and a patient. judge before the case is pending, instead of filing a motion for
inhibition (kasi medyo pangit tingnan minsan, so magmotion ka
Sec. 4 (BAR MATTER) for JDR. And alam mo naman na hindi ka mag-aagree sa JDR, and
Waiver of Privilege then you ask for re-raffle).
What privilege? Privilege of communication. Mediation and conciliation do not only apply in the trial courts,
also apply in the appellate courts. By motion or motu proprio, the
court may apply JDR. Let me tie this up in criminal cases, should
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there be JDR, the general rule is, criminal cases are beyond acquires jurisdiction over the person in criminal cases. In civil
compromise, but once you resolve the civil aspect, the resolution cases, the court acquires jurisdiction upon valid service of
of the criminal aspect follows. It is more of the circumvention of summon or voluntary surrender. In criminal cases, upon lawful
the law. Because criminal cases, cannot be compromise, so you arrest. Perhaps, the question is - once invalidly arrested, can he be
ask to settle the civil aspect, and once settled, the fiscal will say, re-arrested? The answer is yes, of course. Why not? Because the
“considering your honor that the civil aspect of the case, and by arrest is invalid.
virtue of the affidavit of desistance executed by the private Example, under Section 5 of Rule 113 on warrantless arrest, a
complainant, the prosecution will be unable to establish the guilt person was arrested on the “attempting to commit” stage but was
beyond reasonable doubt, so we move for the dismissal of the not proven, so he was not validly arrested.
case”. The court will grant that easily. (So inikutan lang ung batas. In People vs. Menggito, the warrantless arrest is not valid, as
Kasi kung ididirect mo, we have settled the criminal aspect, that holding ones stomach is not a crime. He is not committing or
would be denied. The plaintiff is already the Republic, so if you attempting to commit a crime. Only suspicious looking.
want to settle this, you have to ask for the settlement of more than
hundreds of Filipinos). Rule 30: TRIAL (Civil)
Read this together with Rule 119. In Rule 30, the following are
Is an action for foreclosure an action incapable of pecuniary important:
estimation? a. Notice of trial, must be given at least five days before the date
In the case of Brgy. San Roque vs. Heirs of Pastor penned by Justice
Ferria, it was stated that an expropriation proceeding is an action b. Postponement
not capable of pecuniary estimation, so is the foreclosure of real There are two grounds:
estate mortgage and partition. i. unavailability or absence of evidence; and
In a 2015 case (title not mentioned) – foreclosure of real estate ii. illness of counsel or party (most abused ground by lawyer).
mortgage can be an action involving title to or possession of You have to present certificate (most abused – medical
property, hence, the determinant of the jurisdiction will be the certificate).
assessed value of the property pursuant to Republic Act No. 7691.
In this case, there is no direct statement that foreclosure is an c. Order of trial
action incapable of pecuniary estimation as stated in the early Do not confuse this with order of presentation of evidence
case of Brgy. San Roque vs. Heirs of Pastor. under Rule 132. This means you start with prosecution or
It’s not always that foreclosure of real estate mortgage involves plaintiff in civil cases, defendant, co-defendant, third or
title to or possession of property. Most mortgages would avail of fourth or fifth party defendant, the last person to present the
extrajudicial foreclosure rather than judicial foreclosure (Rule 68). evidence is the intervenor.
In the presentation of evidence, direct, cross, indirect,
Can a person declared in default be allowed to present evidence redirect, or recross.
on appeal?
Of course, if he appeals, because when you are declared in default, Rule 119: TRIAL (Criminal)
you lose your personality before the trial court. But in order to Take note of the following:
regain the personality before the trial court, the remedy is to file a. Sections 1-3 (time frame)
a motion to set aside the order of default. Otherwise, judgement In criminal cases, it cannot, in no way, exceed 180 days. Not in
by default will follow. Any remedy against the judgement is civil
available against a judgement by default. So when you appeal that Section 3 – exclusions, the common denominator is delay
judgement, you have new list on your legal life, so you will be (valid delays)
allowed to present evidence. But remember that on appeal, trial Extended time limit – Aside from 180 days plus 80 days = 260
or actual presentation of evidence is not a matter of right. Because days
in our rules on appeal, you only to have submit documents. b. Sections 12, 14, and 15
However, the court can ask for oral arguments. But it is not a Equivalent to deposition pending action in criminal cases
matter of right. You cannot insist that it is your right.
c. Section 17
What if the defendant file a motion for new trial and then The state witness rule
granted, can he present evidence in such new trial if he was Remember ANSAM – Absolute necessity, No other evidence,
declared in default in the original trial? Substantially corroborate, Appear not to be the most guilty,
Remedy against judgement is not proscribed against a faulted Moral turpitude (not convicted)
party – i.e., motion for new trial, motion for reconsideration, and
appeal. You can file a motion for new trial, but the question is, “on d. Section 23
what grounds”? Technically, it is allowed, on the possibility of Demurrer to evidence
newly discovered evidence. Utmost, excusable negligence. So
allowed. The answer is yes. But it does not mean that when you e. Reopening
ask for new trial it will be granted. Last section in Rule 119
How do you arrest an arrested person? *If questions will be on trial, chances are it will be from Rule 119
You cannot arrest, because once arrested, you are already under rather than Rule 30.
the custody of the law. Arrest is the means by which the court
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Trial with assessors is not in the rules, but still procedurally
Rule 31: CONSOLIDATION OR SEVERANCE available. The rule only maintains trial by commissioners (not
with).
These are not opposites. They have different concepts.
The deposition officer cannot rule on objections, he has to await
Two new cases: in court if presented. But in trial by commissioners, the
a. Metrobank vs. Sandoval, 2014 (as to severance) Commissioner acts as a judge, therefore:
a. He can rule on admission or admissibility of evidence
Severance – there is only one case but there are several b. He can issue subpoena, duces tecum and ad testificandum
causes of action. And one cause of action may be tried c. Call on witnesses
separately from the others, the only limitation is that once d. Hear the cases
judgement is rendered on one portion of the severed cause
of action, you cannot execute that yet. You have to wait for So mas malawak ang authority or right of a commissioner.
all.
When do you ask for trial by commissioner?
The case involves properties of Marcoses. Some were In some parts, it is mandatory, such as:
transferred already to Metrobank. Sandoval granted the a. In Rule 67, expropriation.
motion for severance, i.e., try first the case of Marcoses There are two parts, the last part is the determination of just
(defendant) or separate trial for Marcoses, and separate for compensation. The rule specifically provides for the
Metrobank. The Supreme Court said that the granting of the appointment of three commissioners to determine just
motion is improper. You cannot severe that because you are compensation
not giving due process to Metrobank. This must be tried b. In partition, Rule 69, on the accounting process.
together and not separately.
How is a commissioner appointed?
b. Republic vs. Heirs of Oribello, 2014 (as to consolidation) Through an order of reference, the appointment of commissioner
Consolidation – lump or lodge together several separate and as judge. Do not confuse with order of confirmation.
distinct cases provided there is common question of facts and
law and parties Do commissioners render judgment?
e.g. No. Even when trial by commissioner is mandatory, they do not
Case 1 – A vs. B pending before the RTC of Manila Branch 55 render judgement. Instead, he is obligated to submit a report. And
Case 2 – B vs. A pending before the RTC of Makati Branch 4 on the basis of this report, judgement may be rendered by the
Case 3 – A vs. B and C pending before the RTC of QC Branch court (not mandatory). The court may:
48
a. Admit the report of the commissioner in toto
If there is common question of fact and law, given that they b. May reject in toto
are same parties, pending before three different RTCs, you c. Admit in part
can consolidate them. With more reason, if they are lodge in d. Reject in toto
the same judicial districts (now judicial region). As long as e. May recommit for further studies
there are common question of fact and law and identity of f. May use other means to expedite the resolution of the case
parties, cases can be consolidated.
But remember, the commissioner never render judgement.
General Rule:
You file your motion for consolidation in the lowest Rule 33: DEMURRER TO EVIDENCE
numbered case, i.e., the first case filed. But this is not Both in civil and criminal.
mandatory, it depends upon the court, on what is more Procedural basis will be Rule 43 and Section 23 of Rule 119.
convenient to parties.
Guide:
This case has the only discussion in jurisprudence of the three Civil Criminal
kinds of consolidation: A kind of a motion to A kind of a motion to
i. Actual dismiss; not a prohibited dismiss; not a prohibited
ii. Quasi consolidation pleading (will not defeat pleading (will not defeat
iii. Case consolidation proper the purpose of summary the purpose of summary
procedure) procedure)
In consolidated cases, there can be one judgement or several Grounds are the same – Grounds are the same –
judgment. insufficiency of evidence insufficiency of evidence
Available after the Available after the
Rule 32: TRIAL BY COMMISSIONERS plaintiff has rested its prosecution has rested
case its case
If denied, the defendant If denied, distinguish:
presents evidence
Supreme Court sustained the lower court. The demurrer is They are different.
without leave of court. Therefore, the accused lose his right to
present evidence. Rule 34 Rule 35
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Where an answer fails to Applies when there is an appears to be in Section 1 of Rule 120 although that particularly
tender an issue, or issue, only that the issue is refers to judgment in criminal cases.
otherwise admits the sham (can be decided Well, whether it is civil or criminal, judgment is an
material allegations of the immediately by the adjudication of the merits of the case, whether it is civil or
adverse party's pleading court). criminal, it is the determination, in criminal cases for example, of
(this cannot be motu whether the accused is guilty or not guilty but the requirements in
proprio)* Sec. 1 of Rule 36 is that any judgment must be in writing,
There is no issue at all. There is no genuine issue. personally written and prepared to by the judge, do you believe
Judgement is based on Rule 35, is it not only that? That is only for academic purposes, and so to in criminal case
the pleadings, complaint, based on the pleadings personally written and prepared to by the judge. The judgment
answer, reply if there is. but other documents must contain the determination of the facts and the law on which
supporting it, like it is based. Unlike in criminal cases there are many kinds of
deposition, affidavits, and judgment in civil cases we have studied a lot of them, we passed
other doc, in support. by Rule 9, judgment by default, we discussed Rule 34 Judgment on
It is only available to the Available in claim, the pleading, Rule 35 Summary Judgment, meron pa tayong
plaintiff. counterclaim, or even nririnig na Judgment on Compromise, Judgment by confessiom in
cross claim. fact in this very R36 you have there several judgment as against
separate judgment, hindi yan “several”, kundi “seve-ral” ksi
*Note that in Rule 6, there are two kinds of defenses – negative sinevere kinut.
and affirmative. If you do not specifically deny the allegation in the When you speak of “Seve-ral” Jugments it means there
complaint, you have admitted, therefore your answer fail to are several parties in the case and the judgment is severed, 1
tender an issue. That’s why you have to specifically deny the judgment for 1 party and another judgment for another party as
allegation. Give the reason why you are denying. Otherwise the distinguished from a separate judgment, where the plurality lies
plaintiff is entitled to judgement on the pleading. with the causes of action. So a judgment on 1 cause of action may
be resolved, or issued by the court before resolving the case this
Can there be partial summary judgement? is separate judgment.
How do you discharge the writ once the writ is granted or issued? 3. To covert the action strictly in personam to quasi-in rem.
A: The court acquires jurisdiction over the res.
Preliminary 1. Sections 5, 12 2. a motion questioning Once the court acquires jurisdiction over the res you could
attachment and 13 of Rule the propriety or proceed over the case even if no jurisdiction over the
57. Cash regularity of the defendant.
deposit or issuance of the writ Limitation: Once you execute judgment you are limited only
counter bond; (Section 13) as to the res since the court has no jurisdiction over the
or defendant.
preliminary counter bond* 1. Only remedy: 2 Basic Requirement of the Writ of PA (Sec 3, R 57)
injunction does not file a motion 1. Affidavit
replevin discharge a writ questioning the NOTE: The 4 requirements must be contained in an affidavit.
receivership of preliminary propriety or So your affidavit is pro forma or insufficient if it does not
injunction, regularity of the allege these 4 basic requirements as enumerated under
replevin or issuance of the writ. Section 3.
receivership
support No Bond. 4 REQUIREMENTS (GECS)
pendente lite SPL was discharged because there is no basis a. Valid grounds – as enumerated in section 1 Rule 57. Note
to stand with these grounds are exclusive! (MEMORIZE!!!)
* The counter bond, in effect, automatically discharges the writ.
6 GROUNDS (Sec 1, Rule 57) (SETIRO)
Section 5 speaks of a cash deposit or a counter bond. The counter A-C – action for vs. D-F action against
bond will answer for the judgment. The cash deposit will also i. Action for the recovery of sum of money and
answer for the judgment, damages, excluding moral and exemplary damages,
arising from law, contracts, quasi contracts, delict
Claim for damages – Sec 20, Rule 57 – a general provision and quasi delict directed against a party who is to
applicable to all PROMREV except for SPL. Equivalent to SPL of depart from the Philippines with intent to defraud.
claim for damages is restitution or reimbursement.
ii. Action for the recovery of money or property
PRELIMINARY ATTACHMENT (RULE 57) embezzled by the defendant who is a public officer,
officer of a corporation, attorney, factor, broker,
- Putting the property under custody of the court agent, or clerk.
there must be a fiduciary relationship between
When to file the applicant and the respondent.
At the commencement of the action or any time before
entry of judgment iii. Action for recover of possession of property unjustly
taken against a party who removed, disposed, or
Jurisdiction: does not disclose it, or who hid these properties
GR RTC
EXPN: Court that has jurisdiction over the case. Hence if there is a iv. Action against the person who is guilty of fraud in
case before the MTC you file writ of PA before the MTC. contracting a debt or incurring obligation upon
which the action is brought or in the performance
thereof
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• In the first two stages, the court need not have
v. Action against a person who tries to dispose the to acquire jurisdiction over the person.
property guilty of fraud However, in the third stage the prior or
contemporaneous service of summons over the
Say: person of the defendant is necessary for the
A businessman who was engaged in buying and court to acquire jurisdiction over the person of
selling. So when he owed somebody a sum of the defendant.
money, that somebody filed a case against this
businessman and applied for a writ of preliminary Here, SC ruled that the implementation of the writ of
attachment on the ground that the businessman was PA was wrong since there was no earnest effort in
disposing his property in fraud of creditors. serving summons despite the fact that Mangila is
Ruling: Writ is not proper. He is disposing his outside the country.
property in line of his business precisely he is in buy When the writ was implemented Mangila was
and sell. If he does not dispose his property, how will already in Guam. She was here before the writ was
he ever be able to pay you. The attachment was implemented. The post service after her return
invalid. would not cure the jurisdictional error.
Note: Once the answer is submitted, the issues are joined. Orosa Doctrine: (Sec 9 of Rule 60)
Hence, there is controversy who is really the owner and the You cannot recover the car and the value of the car otherwise it is
court will have to hear both sides and the writ of replevin is unjust enrichment.
n/a. It is unfair for the court to issue replevin upon answer Facts:
since there is already justiciable issue. Orosa bought a car, after 6 months a writ of replevin was filed
against him. Orosa contested and sued the applicant for recovery
- Opposite of redemption since the latter is only real prop. and damages.
- Even if you are the owner you can apply for replevin The lower court ordered the return of the car and its value
Ruling: It is in alternative. You either get the value of the car or the
POSSESSION – holding of a thing and enjoyment of the right car itself. Note that judgment must be in the alternative.
4 REQUISITES OF REPLEVIN (OWAM) – Sec 2
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2. Sheriff to keep the personal property for at least 5 days on her own pocket but was denied by SMART since the car was
otherwise he is administratively liable. only given to her due to employment.
- 5 day period is mandatory, even if you put up a redelivery Action for recovery of possession with prayer for writ of replevin
bond but beyond was filed in RTC of Makati. Astorga moved to dismiss the case for
the 5 day period it will not have the effect intended for. lack of jurisdiction since there is a pending case before the NLRC
due to ER-EE relationship. RTC granted SMART but was reversed
Purpose of the 5-day period: by the CA saying had it not been for the fact that Astorga was
a. To determine the sufficiency of the bond otherwise it employed the car cannot be granted be granted to her. Hence RTC
must be returned to the possessor. has no jurisdiction for application of writ of replevin.
Ruling:
Note: If bond is insufficient the court must ask the J. Nachura said that it is no longer an ER-EE relationship but
applicant to satisfy the insufficiency of the bond, and only already a cr-dr relationship since she was already dismissed and
when the order comes out and there is still no there is no more ER –EE relationship.
satisfaction of the insufficiency of the bond then the
property shall be delivered to the person to whom it was How to discharge the replevin
taken by the sheriff. 1. Counter bond or redelivery
2. Section 13 : questioning the propriety of its issuance
b. await the possibility of posting the counter-bond or
redelivery bond. Agner Case:
Demand is not necessary prior to issuance of replevin. Due to the
Note: What is in the Rules of Court is mere bond. But the correct nature of the personal property the demand will only make the
term should be a counter bond or redelivery bond. replevin futile since the possessor of the property can hide the
property after such demand.
Hao v. Andres (importance of 5-day period)
The sheriff immediately deliver 6 cars to the applicant and due to BPI CASE:
negligence lost the 3 cars in his custody. It does not follow that once writ of replevin was issued you already
Facts: lose your right to collect sum of money. Writ of replevin gives you
The writ of replevin for 20 cars. Sheriff recovered only 9. Within an alternative: whether to execute the writ of replevin or file
the 5 day period the 3 cars lost when certain Nonoy entered the another action for the collection of sum of money. Filing another
property and made a key duplicate. action is not multiplicity of suit since ROC provides such
Ruling: Sheriff was suspended due to gross negligence. alternative.
- Of all provisional remedies – SPL HAS THE UNIQUE Manahan was charged for rape and it produced a child resulting
- for support and support pindente lite. Judgment was rendered in
CHARACTERISTICS not present to other Prom Rev favour of a woman.
1. No Bond – only verified complaint SC Ruled: There is a part error in the decision since the lower court
2. Interlocutory order when granted by the court – only judgment requires recognition of the child.
instance that an interlocutory order is subject to SC said that the married man cannot be forced to recognized the
execution. child.
GR: Interlocutory order cannot be implemented since it
is not yet final De Asis v. CA
XPN: SPL when granted is subject to execution Doctrine: Res judicata is not applicable in action for support.
3. JUDGEMENT OR ORDER IN SPL or even judgment for Furthermore, under the Civil Code waiver of future support is not
support never becomes final hence no entry of judgment. allowed.
RES JUDICATA – never applies in judgement for support.
4. RTC has jurisdiction since incapable of pecuniary Action for support with support pendente lite was filed by the
estimation. woman against De Asis. Through intimidation of De Asis the
5. No damages in SPL but you may ask for restitution or woman moved for the dismissal of the case. After several years
reimbursement. SC: Res Judicata is not applicable for action for support.
Restituion = must be in the same action
Vs.
Lim v. Lim
Reimbursement –c an be in the same or separate action
Doctrine: Support is not only the liability of the parents of the
child. If the immediate parent has no capacity to provide support
- N0 case yet that a husband filed for support. It is always a
to his child, the court may order the ascendants to provide
woman or child.
support depending on their capacity.
Say: A prostitute, Aya, working in a night club. Due to familiarity Spouses Lim stayed in the house of the husband. The parents of
with the taxi driver, Aya got pregnant. Aya filed action for support the husband were millionaires. Lim Jr. was employed in the
with prayer for support pendente lite before the RTC. company of Sr with a salary of P6k but all household expenses
ROC: Within the period of 5 days to comment. including the expenses of 3 grand children are shouldered by the
Note: Before answer there must be comment or opposition to the parents.
application for pindente lite. Failure to do so, the court will render The wife found the Lim Jr. has an affair with the midwife who’s
a judgement on the application for support pendente lite. This taking care of the mother of the husband. Wife left the house
judgement is not for principal action. Say: The RTC, pursuant to together with their 3 children.
the application of AYA, granted support pendente lite for the child Wife then filed a case for action for support with prayer for
for P5K monthly. support against the husband and the parents in law for the benefit
Afterwards, judgement for the principal action was rendered of the children and herself.
dismissing the case since the driver is not the father of Aya’s child. Issue: Are grandparents liable to give support to grandchildren?
What will happen then? Ruling: Yes, provided that you will be able to determine that the
Restitution shall be made not reimbursement. father cannot give sufficient support while the grandparents can
Who will restitute? give support.
Aya. She will return all the payment made by the driver plus SC directed that the P6k salary of the hushand and the balance
interest. shall be shouldered by the grandparents. However, only the
What about the reimbursement? grandchildren are entitled for the support not including the wife.
The true father shall reimburse Aya or the giver may directly ask
for reimbursement from the real father.
Vs.
IS The action for reimbursement with the same action?
Heirs of Ruiz v. Ruiz
No. Issue on jurisdiction.
Note: Grandchildren are not entitled for support by the estate. IT
is only the widow and the children. In Lim v. Lim the action is
Note: Judgment for Support (not the prom rev of support regular support unlike in Heirs of Ruiz.
pendente lite) never becomes final. It can be increased or reduced
by the Court. In amending a judgment for support there are
Lim Lua v. Lim
Doctrine: Support is not only for sustenance of the receipient such
Two Criterias:
as food but also includes household expenses, medical needs, etc.
1. Capacity of the person to give support
It is more than the capacity rather than the need in considering
2. Necessity of the person to be supported.
the amount of support.
People v. Manahan Here, the wife is asking for support initially at P500k a month as
Doctrine: Although support may be imposed against a married support pendente lite. The court reduced it to P250K a month. The
man, the compulsory recognition of a child cannot be made
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wife justified it is below her needs since she is undergoing it is still allowed but the unpaid docket fee shall constitute as a lien
medication and going therapy. Hence, aside from P250K in the judgment.
additional support was granted by the Court.
Say: A found a wallet and 3 are the claimants. What to do?
Gutardo v. Buling: File an action for interpleader for the 3 claimants to interplead
Support follows filiation. between and among them.
Del Soccorro case: Bar Matter A classic case of the interpleader.
Where to file. MTC because of the value wallet and what’s
9 SPECIAL CIVIL ACTIONS ( I-DR-C-QEF-PU) there.
Why SCA? Say: A bank account was being claimed by three persons.
Because the Rules specifically provided for that these rules shall A as the widow
apply. In case of conflict with the regular rules of procedure, these B. claiming that the account was donated to him
Rules shall apply. Regular procedures only supplement the SCA. C – she is the paramour
Where to file? MTC or RTC depending on the value of the account.
For example some special civil actions have no summons, the
court acquire jurisdiction over the respondent in a different Court shall issue summonses for the defendants to file the answer
manner but in ordinary actions summons is mandatory. Like in who has the better right for the action for interpleader for the
certiorari, there is no issuance of summons there, the court judgment of interpleader.
acquire jurisdiction by the issuance of order to file a comment.
Q: After an action of interpleader is filed, what happens next?
INTERPLEADER (Rule 62) A: The court shall order the respondents to file their answer.
After filing an answer and once the issues are joined then you go
to the regular rules of court which is you go to pretrial then trial.
Interpleader R19: Intervention
SCA Ancillary Action
Remedy for the judgment of Interpleader
Plaintiff must have no int. in the Person must have int. in the
Appeal, MNT, etc.
subject matter subject matter
Sec1:
Whenever there are conflicting Ethernal Gardens v. IAC (BAR PROBLEM)
claims over one subject matter Doctrine: Court may order that the subject matter be paid or
against a person who has no int delivered to court. And the person who filed the interpleader
over the subject matter being having no interest over the subject matter should be ordered by
claimed by several individuals, the the court to do so.
one who has no interest will have
to file the interpleader for the The development of Ethernal Gardens in Bulacan. There was a
conflicting claimants to joint venture between Ethernal and Mission Realty Corp (MRC).
interplead. And ask the conflicting The agreement was that 60% of the proceeds from sale shall go to
claimants to interplead between Ethernal and the 40% to MRC, the owner of the lot.
and among then. Maysilo Estate then write Ethernal claiming that they are the
At least 2 defendants with There can be 1 defendant. owner of the land not MRC. Ethernal then filed action for
conflicting claims interpleader. In the course of the proceedings, MRC assailed that
why the proceeds already amounting to P20m not deposited to
There is no action yet There is already a pending
escrow account but to the account of Ethernal, the latter getting
action
the interest from the account.
Subject matter: Real or personal prop or performance of the
SC: The P20m should be deposited with the court. Ethernal has no
obligation
interest in the subject matter. Hence, Ethernal has no interest
over the subject matter.
Jurisdiction:
GR: Value of the prop over which persons have conflicting claims
XPN: Performance of obli since incapable of pecuniary estimation. Wack-wack Case
Doctrine: Interpleader is a compulsory counterclaim. A
Purpose of Judgement: compulsory counterclaim when not raised is deemed waived (Sec
The judgment shall be a declaration as to who is entitled or who is 2 Rule 9).
the legitimate or entitled to the real or personal property or of the XPN: Sec 2 of Rule 11 – in case of inadvertent oversight, excusable
performance of the obligation. negligence = you can still amend the complaint
Docket Fees: When Tan filed a case against Wakwak knowing already that there
Still required. Interpleader cannot be dismissed merely on the is another claimant, it could have and it should have filed a
non-payment of docket fees. But even no payment of docket fee compulsory counterclaim of interpleader. For not doing so, it is
Pasricha v. Don Realty Case Second paragraph of Sec 1 Rule 63 shall be read in conjunction
Contract over apartment units. Pasricha, lessee, stop paying with Judiciary Act.
rentals since she does not know where to pay due to issue on the Here, the case was filed before the RTC even if the value of the
owners. Hence a case was filed for unlawful detainer. Pasricha property is less than P20k.
assailed that non-payment was due to confliction claims of SC Ruled that the 1st paragraph is different with 2nd paragraph, the
owners. latter is similar remedies and reading it in conjunction with
SC There are remedies available but Patricia did not avail it. Hence, Judiciary Act the quieting of tile, reformation of instrument or
ejectment case is proper. consolidation of title hence the determinant of jurisdiction is the
assessed value of the property. Hence the case should be filed
Alternative remedy for interpleader? with the MTC not RTC.
JUDICIAL CONSIGNATION. SC ruled that the word “may”
Before Breach
Rule 63: Declaratory Relief and Similar Remedies
You have read the prayer assailing the Constitutionality of the law
how to distinguish it?
Any person interested in any deed contract will or any instrument If the law is existing only it cannot be declaratory relief
or any person whose rights are affected by any statute, order or since you are merely invoking the Constitutionality and
ordinance before the breach shall file a declaratory relief. there is already breach.
Declaratory relief is only proper prior to the effectivity of
2 parts the law
1. Par 1 – Declaratory relief proper - RTC
2. Par 2 – Similar remedies – MTC or RTC depending on the Say: Ordinance was passed prohibiting smoking starting Jan 2018.
assessed value. What to file?
-Refers to 3 kinds of actions (1) quieting title (2) reformation of Prior to Jan 2018 – DR
instrument; 3. Consolidation of title After effectivity – You only question the constitutionality of
ordinance not DR
Jurisdiction: RTC – incapable of pecuniary estimation
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That is why in certiorari, you say petition for certiorari Juan De la
Republic v. Orbecido Cruz vs RTC branch 45 manila then name of respondent. The
H filed a declaratory relief after his wife married to someone after principal respondent there is the tribunal court or bodies, but they
the decree of divorce was obtained by the latter. become nominal in the process.
ONLY one remedy: Certiorari which is the certiorari under Rule 65 When does the court acquires jurisdiction over the person?
1. Plaintiff –upon filing of the petition
Certiorari (R. 64) Certiorari (R. 65) 2. Defendant – upon receipt of the court order directing the
Only applies to COA and No specific agency defendant to file comment within 10 days from receipt
COMELEC thereof.
SC Jurisdiction only Concurrent jurisdiction of
RTC, CA, SC, SB (in its 6 Issues under Rule 65
appellate jurisdiction). 1. Who are the petitioners for CPM
Timeframe: 30 days from 60 days from receipt of order 2. Who is the respondents for CPM
receipt of the copy of order denying the appeal/MR/MNT 3. What are the grounds for the petition for CPM
Fresh period rule is not Neypes Doctine (fresh period 4. What functions did the respondents in the petition for CPM
applicable rule) or the Balance of the 5. What is the common condition in the petition for CPM
Same with Rule 62, 16 and 12 period of 5 days whichever is 6. What is the prayer in the petition for CPM
Hence: If MR or MNT was higher is not applicable in Rule
filed against the order of COA 65 since Rule 65 is only Certiorari Prohibition Mandamus
or Comelec you only have the applicable when there is no Sec 1 Sec 2 Sec 3
balance of the period of 30 appeal nor no other plain, Petitioner Aggrieved party
days but not less than 5 days adequate and speedy remedy How?
(tie up will 22 on the Due to the actuation of the respondents
computation of time). Responde May either be May either be (TBO-PC)
nts (TBO) 1. Tribunal
Rule 65: Certiorari, Prohibition, Mandamus (100% BAR) 1. Tribunal – ex. 2. Board; or
MTC, RTC 3. Officer
Distinguish Rule 65 with Rule 45 2. Board; or 4. Person or
In special civil actions in Rule 65 it says there that the tribunal, Ex.: ERC 5. Corp
body, board, officer, corporation are only nominal parties and 3. Officer (ex. For person - this is not ordinary
under regulations now of the SC, circulars, the tribunal, CIR) individual person but a person
corporations under or impleaded as respondent are not suppose exercising quasi-judicial function.
to appear and not suppose to file pleadings, let the private Remember that quasi judicial
respondentsdo that for them. bodies as we have studied does
Say: A files a case against B and M2D was filed. When that is No. of copies
granted, the order is final. Hence, your remedy is appeal. But if it not anymore 18 but five copies with only two copies with
was denied, the order is interlocutory order since there is complete anexes for SC pursuant to efficient use of paper
something to do. The remedy is certiorari. rule
For CA – instead of 7 it is now 3 copies with only one copy
Say. Collection suit for P250k filed with the RTC but a decision was with complete annexes
rendered. Certiorari is not available since appeal or other For Lower courts – only one copy
remedies are available. All single space
Font 12
Hipus Sr. v. Bay
Doctrine: Mandamus will not lie for discretionary function of the REMEDY AGAINST ORDER OF JUDGMENT OF CPM
judge. 1. Rule 45 to SC; or
2. Rule 65 also (CPM) to a higher court -remember that
Upon the filing of information in court, and upon motion for certiorari is a concurrent jurisdiction
reinvestigation which was granted by Judge Bay there was a There is no prohibition that a certiorari can be
finding of no probable cause. Resulting in the petition to withdraw certioraried
the information. Judge Bay denied the withdrawal.
SC: Judge Bay is correct it is discretion of the judge, hence, cannot Note: The court is a nominal party. It is not really the party in
be subjected to mandamus since the latter is only ministerial interest. While the court is the principal respondent, it is not
function. enough to only file the cae against the court but you need to
include also the private respondent.
Atienza Case:
Depot in STa Mesa removing the depot mandamus was filed. The Say A v. B. Judgement was rendered in favour of A. B filed rule 65
petition is proper since it is only ministerial for it is merely in due to grave abuse of discretion. Who is the respondent.
compliance with the ordinance which was upheld by the court as Not only MTC but also the party in interest which in this case is B.
valid. Refusal of Atienza to implement it is ministerial function. It That’s why the judge is only a nominal party and prohibited to
is neglect in the performance of once duty enjoined by law. participate. The filing of memorandum, etc is to be directed
against the adverse party not the judge.
Say: Writ of Execution – a ministerial function and mandamus is
Note: CPM is not a matter of right = SC can dismiss it in a minute
allowed.
resolution.
Then why there is a motion for writ of execution – it is only to
determine if the matter is really executory. After determination of
Rule 66: Quo-warranto
Note: There is only usurpation of public office and not of private When to file – within one year from accrual of action.
office. How about damages – one year from entry of judgment.
Nature: assailing the authority or by what authority are you Mendoza Case
occupying that position which is limited to APPOINTIVE PUBLIC Doctrine: A petition for Quo warranto is against a public. It is
OFFICES (appointive only) directed to the person occupying the public office and not to the
office per se. Also plaintiff is not entitled to backwages in quo-
Calleja v. Panday warranto proceedings since wages in that office is legislated and
A corp have faction among the BOD and one faction ousted the it was given to his successor. Likewise, it cannot be imposed
other by force resulting to filing of quo-wararnto. against the successor who was not impleaded in the case.
SC: Not proper since quo-warranto is only for public office.
Mendoza is the Acting Director in BoC. When Ramos was elected
2 TYPES OF QUO-WARRANTO as President, he transferred Mendoza from Manila to CDO which
Omnibus Election Code Rule 66 was objected by the latter. In place of Mendoza, Allas was
Issue on the qualification for Issue is the appointed on a temporary basis. Mendoza filed petition for quo-
election BUT this quo- qualification/capacity for warranto before the residence of alias. Mendoza won. But the
warranto is different from appointment. Issue is the return of Mendoza did not happened due to appeal. Meanwhile,
election protest. qualification/capacity for Allas was promoted as deputy commissioner. However, instead of
appointment. reinstating Mendoza a new person (olores) was appointed.
Issue is the ineligibility of Issue is the Mendoza then filed for M2d of appeal since it is moot and
Public Officer and/or violation qualification/capacity for academic after Allas was promoted. Judgment in favour of
of OEC Rules appointment. Mendoza became final and executory.
Execution was not allowed by the court since he cannot execute
Rule 66 the judgement for the judgment was against Allas who was
Subject Matter: Public office, but not directed to public office promoted. He won but he cannot execute since Olores, the
itself but the person occupying it. Hence, the successor is not current occupant, is not a party to the case.. In Quo-warranto the
subject to quo-warranto if it was filed before succession tool respondent is the person not the office per-se.
place.
Rule 67: EXPROPRIATION
Who is the proper plaintiff in Rule 66–
GR: The government since it is an award of the Govt to an We premise our discussion in the Constitutional provision, in Bill
individual – no one has the right to public office or Rights there is one provision regarding consti
“No property shall be taken for public use without just
Who can file – compensation”
GR: OSG which can be handled by the DOJ as authorized by the - Without this substantial conti you cannot exercise
OSG however through circulars this can be handled by the DOJ expropriation.
(Public Prosec)
EXPN: Private individual can also file petition for quo-warranto Note: Before the Rules of Court named this rule as Eminent
provided he has a claim to the public office. Domain.
If he has no claim- you cannot file but he can initiate deemed a
relator (the sipsip to OSG for the filing of the quo-warranto) Eminent Domain – inherent power of the state.
Vs.
Who is the Relator Taxation – the life blood of the state.
a private person who has no claim in the public office but the one
who initiates the quo-warranto by informing the OSG/DOJ that a Eminent Domain – based on regalia doctrine (all lands belong to
person is usurping a public office and on that basis OSG/DOJ files the state and he who claims it has the burden of proof).
petition for quo warranto.
Note: In the study of expropriation, you need to go back in
Jurisdiction: substantive law – Land Registration Act.
Same with CMP, Habeas Corputs – concurrent, SC, CA, RTC, SB but What is property discussed here?
not CAT. Not only the real property but also personal property.
Hence, ill-gotten wealth can be subject to appropriation.
Venue: GR: Where the rule provides The word property in the consti is not limited to real
GR: Under Rule 66- must be the resident of the respondent property but can also extends personal property which is
XPN: Always in Manila if OSG is the petitioner. also applicable in Rule 67.
Although in Rule 67, most of the topics here are real
When a claimant to the public office files the case – where the property since personal property are being covered by
respondent resides different rules and laws.
Vs.
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Say: AML Law it is taking also but it is not under Rule 67. was filed assailing violation of equal protection clause. However,
Bayani said that these urinals can be used by women also.
What is the concept of taking? Even if these urinals covers only men it redounded for the benefit
Not limited to actual seizure or custody of property. of general welfare. It is only men that can urinate anywhere and
There is taking when there is diminution of usefulness. not the women.
When you diminish the utilization or usefulness of the Hence, when we speak of public use it does not necessarily
property of an individual there is taking, thus, person is benefits the entire community as long as it redounds for the
entitled to compensation.
Formula for Just compensation (JC)
National Power Corp. vs. CA (BAR MATTER) JC = FMV + consequential damages – consequential benefits which
Given in the Bar in relation to Section 1 of Rule 17 should not be more than the consequential damages.
Doctrine: There is already taking of the property upon filing of the
applicant of expropriation case even if there is no actual taking yet
of the property. Hence, the aggrieved party is entitled for FMV –
compensation even if the expropriation case was already as provided by PD of Marcos is declared unconstitutional.
dismissed due to M2D filed by the petitioner assailing that there Now the FMV is the price that the buyer is willing to buy
was a mere error of judgment on the part of the petitioner and without being forced to or the seller is willing to sell
the lot previously expropriated is sufficient already. without being forced to.
Can you apply these in expropriation case?
Here, NPC wanted to set-up geothermal plant in Albay in the slope In reality it is not since the owner actually suffers loss.
of Mayon Volcano. The property is owned by Pobre Family. This
was expropriated by the NPC. While NPC is constructing the Note: Upon filing of the complaint they can immediate takeover
geothermal plant, NPC said that they expropriate insufficient land, even without payment of the property. The petitioner can just pay
hence, NPC filed another expropriation case which also belongs to deposit for purposes of taking immediate of the property is 15%
the Pobres. However, before Pobres filed an answer in the of the zonal value of the property not the market value of the
complaint, NPC filed notice of dismissal since according to NPC property. Zonal valuation is the value assessment of the BIR.
they already expropriated sufficient lands.
Pobre assailed that they are entitled compensation since the case Asias Emerging Dragon v. DOTC (BAR MATTER)
was already filed in court, hence, there is already taking. Doctrine: Before the government can take possession of the
property expropriated they must pay 100% of the zonal valuation.
Is the Pobres entitled to compensation in the second But take note that this rule is for INFRASTRUCTURE PROJECT OF
expropriation case? THE Government and not for the ordinary project of the
government like mere road widening. The example of
Ruling: Yes. Upon filing there was already taking even if the infrastructure project is the building of MRT.
property was not physically/actually taken.
Barangay San Roque v. Heirs of Pastor
Manila Internal Airport Case Expropriation case is not capable of pecuniary expropriation
Here, MIAA expanded its operation. MIAA expropriated several hence under the jurisdiction of RTC only.
properties there. However, the adjacent owner of the property
expropriated property also asked for compensation since the Who is the plaintiff?
utilization of the property was greatly diminish. The poultry Only the government. But the local government code granted that
operation of the said property dwindled resulting in the decline in power not only to local government and barangay but also to
income due to less egg production caused by loud noise of the GOCCs, etc.
airplane.
SC ruled: There was already taking even if there is no actual taking Can the barangay expropriate by merely passing a resolution (BAR
since there is a reduction of income on the part of the adjacent MATTER)?
property. Such resolution must also be approved by the municipal or city
Sangunian.
Note: The taking must only be for a definite purpose: for public
use. Remember the Chinese Cemetery case: if the property is Note for GOCCs? Not all can expropriate, it must be stated in the
already for public use it can never be subject for another taking. charter of the GOCC.
It is not necessary that entire community shall benefit. Even if it
caters only to certain members of the society as long as it is for Reclamation is not expropriation. Reclamation is only a mode of
the common good and for the general welfare then it is for public acquiring title over the property.
use.
1. The first thing that the court issues is the order of
Say: condemnation or what we call the order of expropriation.
In Manila, when MMDA Chairman Bayani Fernando constructed in This is a final order hence the remedy is appeal which is a
Mla the pink urinals. But this pink urinals cater only to men. Case notice of appeal.
• Hypothetical case
2 Cases under Extra-judicial Foreclosure
(How do you apply for extra-judicial foreclosure-
H and W are husband and wife who have 5 children, A,
Simply apply with the branch clerk of court.
B, C, D, and E. H and W own a big parcel of land, 1,000
Is there right of redemption and period to redeem?
sqm. H and W both died, thus under the law, the
A: It depends upon the contract. If there is nothing stated in the
property then will then go to the children, in co-
contract it is one year period. EXPN: In case of bank, it is only
ownership. Children are all of age. The siblings did not
maximum of 3 months to redeem not one year.
enter into an extrajudicial settlement. A filed for
partition, joined by E, the other 3 siblings are the
Advantage of Extra-judicial foreclosure:
unwilling plaintiffs, respondents.
No need for notice.
How will this be partitioned?
LZK Holdings v. Planters Bank
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Rule 70 Forcible Entry and Unlawful Detainer
The court will assign commissioners, for the accounting.
Should the parties not agree to a project of partition Unlawful Detainer Forcible Entry
(extrajudicial settlement of estate), the rule provides, Nature possession was lawful possession was
the next option of the commissioner is Assignment. at the start and unlawful from the
Assignment is to buy out. The commissioner will ask the became unlawful start
children who among them are willing to buy out the later
property. If B buys out the property and takes the Grounds 1) Expiration of the (FISTS) Force,
property for himself and the other children agree, there contract; Intimidation,
would be no problem. If one opposes, under the rules, 2) Violation of any Strategy, Threat
no assignment or buy out is to take place. The last term or condition in or Stealth
option then would be Sale. the contract, and
3) Tolerance
• Balus vs Balus ( G.R. 168970, Jan. 15, 2010) Note: Rent Control
Facts: The father together with his wife, owned Law provide for
a piece of land. He then secured a loan from a grounds for ejectment
bank with his property. However, he forgot to proceedings
pay his loan and the bank foreclosed his Recovery Action accion interdictal (recovery of possession
property. It was the bank who was the buyer of de facto)
the property in the foreclosure sale and after it
Requirement for there is a need of there is no need
bought the property, it was consolidated. The Action demand to pay and for demand
children of Balus entered into an extrajudicial vacate
settlement of the estate of their parents saying
Prescriptive one (1) year from the none
that they are going to divide between and
Period last demand
among themselves the properties. But the heirs
Note: beyond the
know for a fact that the property was with the
one-year period, valid
bank without fully knowing that it was already
action would be
consolidated. Upon knowing of this, one of the
accion publiciana
children bought back the property from the
bank, after which, he wanted the full
• Exclusive and original jurisdiction of MTCs
ownership of the property. But there was an
• Summary Procedure
extrajudicial settlement, so that during the
no hearing
pendency of the mortgage, the property for
there are prohibited pleadings
quite some time has already been in the
period much shorter (10 days to file answer, 30
possession of one of the children. That child
days to submit for decision, 30 days to render
was not the one who bought it back from the
judgment)
bank. Hence, a case for partition was filed
no trial but there is preliminary conference
based on the extrajudicial settlement of the
Issue to be resolved: possession de facto, not
estate as evidence.
possession de jure
Issue: W/N partition will apply, and w/n there
When the issue of ownership is raised in the
is co-ownership.
pleading, the court is not divested of its
Held: In a partition case, the first thing that
jurisdiction and must resolve the issue of
must be determined is whether or not there is
ownership only to resolve the issue of
co-ownership. The records of the case state
possession. Resolution of the issue of
that there was already no more co-ownership
ownership is not res judicata. Litis pendencia
from the time that the bank consolidated the
therefore would not apply because the
title over the property. Co-ownership ceased
resolution of issue of ownership is only to
by the time of consolidation. So that to go back
resolve the issue of possession.
to that, pursuant to the extrajudicial
Damages allowed in cases will only be unpaid
settlement of the estate will not turn it back to
rentals and attorney’s fees
a co-ownership. Here, partition will not lie. The
case was dismissed and the file to proper
action which is recovery of property or • Injunctive reliefs for ejectment proceedings
ejectment as the case may be. That is the first (1) Trial court
part of partition. It has a second part like Section 15 – plaintiff can immediately ask for
expropriation, which is accounting. Accounting injunction
here means, the certain expenses for the
partition, the proceeds, if there are civil fruits, (2) Appellate court
these must be properly distributed between Section 20 – plaintiff can still ask for injunction
and among the heirs. while pending appeal by the defendant
N.B. If for instance, you have Production of the Will - Whoever is in possession of the will is
illegitimate brothers or sisters, then the duty-bound to surrender the will. If he does not surrender that will
affidavit for self-adjudication cannot apply. within a period of 30 days from the death of the decedent or
knowledge of the death of the decedent, he can be sanctioned.
This affidavit is not a simple affidavit,
you have to apply with the office of the Problem:
registry of deeds if there is real property Mr. X resides in QC. He has 5 children. He executed a will in QC.
involved. You must execute an application After executing a will, he gave the will to his eldest son, Mr. A, as
stating your personal circumstances, how custodian of the will. Through the years, Mr. A was in custody of
you are the sole heir, the marriage contract the will, but later on he was married and he resided in Cebu. While
of your parents if any, your birth certificate, in Cebu and as resident thereof, A’s father died in QC.
your muniments of titles, and if there are Immediately, Mr. A complied with Rule 75 and surrendered a copy
personal properties it should be stated also. of the will with the RTC of Cebu. One or two months after, the wife
After this, there must be publication and and the other children of the decedent filed a petition for probate
posting of such affidavit. This is of the will, with the will annexed, in RTC of QC.
administrative, it does not need the
participation of the court, Which is the court of proper venue, Cebu or QC?
RULE 73, Venue and Process QC because it is where the decedent last resided. If you are going
to assail the issue of improper venue, where are you supposed to
What is the venue of the action? The venue of the action, under file our opposition, in QC or in Cebu? - In Cebu, because QC is not
the rules, must be the last residence of the decedent. the court of proper jurisdiction. Cebu is the court of proper
jurisdiction. (Cuenco vs Court of Appeals, G.R. No. L-24742
Residence - the actual, personal, and physical abode. October 26, 1973)
Is residence the same as domicile? According to the SC, what is N.B. By mere surrender of the copy of the will, the court can
required in the settlement of estate for venue is the residence and already set the case for hearing.
not the domicile. Domicile is the residence of someone with the
intent to remain there, so that for purposes of election, the Exclusionary Rule – the court that takes cognizance of a case takes
requirement is not residence but domicile. But for purposes of it to the exclusion of all other courts.
settlement of the estate, it is the residence. [San Luis vs San Luis,
G.R. No. 133743, February 6, 2007]. Question:
1. Regarding using tolerance, how to use it as a ground for filing
Quiazon died in Las Piñas. The wife in Las Pinas filed an action for an ejectment case?
appointment as administrator of the estate. There was another
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The same, the subject is only a ground. Summary procedure; file No witness Rule- the application for the allowance of a will, if it is
the complaint and after filing the complaint, summons is served, filed by the testator himself of his own holographic will, no witness
and the answer must be filed in ten days. There is no distinction. is necessary.
How to allege tolerance? He will simply testify that he has entirely written it, he has signed
-Settled is the rule that only ultimate facts, i.e. the defendant is in it, and he has dated it.
possession of a 20 sqm property thru tolerance of the plaintiff. No One-witness Rule- a notarial will which is uncontested. When you
need to explain what tolerance means; only the ultimate facts. seek the probate of a notarial will and there is absolutely no
2. Statement of facts: contest, you need only one witness who will establish that this was
A, B, and C are sisters. They were co-owners of certain hectares of written.
land which they acquired from their deceased parent. A and B died Two-witness Rule- refers to a lost or destroyed will. When a will is
leaving the undivided properties in the hands of C who enjoyed lost or destroyed, before you can have that probated you have to
the fruits of the land alone without considering the children of her establish the existence of the lost or destroyed will and you need
deceased sisters. One of the children asserted rights over the two witnesses for that.
properties but because of young age, C gave her nieces a few Three-witness rule- refers to a contested holographic will. You
amount of money and made them sign a notarized document have to get atleast three witnesses to establish that is the will.
which is a sort of waiver waiving the rights over the properties. Is Four-witness rule- refers to notarial will that is contested. This is
the document valid? If not, what would be the remedy of the the three instrumental witnesses and the notary public.
niece?
- The validity of the document (bilateral) depends on the validity Rule 77- Allowance of Will Proved Outside of Philippines and
of the consent. In the example, there is a vice of consent. There is, Administration of Estate Thereunder
in other words, undue pressure and influence. So the document is
contestable. It is a matter of evidence. You have to show that When a will is executed abroad, can that be implemented here?
there was a vice of consent whether force, intimidation or even
undue pressure and influence, so much so in a will. - No. That is in effect a foreign judgment. And because it is a
3. A, an incumbent elected barangay chairman, seeks for a higher foreign judgment, you have to cause its approval here in the
position and filed a certificate of candidacy for mayor and Philippines irrespective whether a Filipino or not. As long as the
participated in the last local election on May 9, 2016. will was:
Unfortunately, A lost. Consequently, A reassumed his original 1. executed abroad
position that was already vacated by him. Besides, by fortune, he 2. probated abroad
was appointed as a member of the sangguniang panlalawigan 3. under the laws abroad
equal to the rank of regular members of the provincial board. Can 4. by a probate court
he be removed in the board invoking quo warranto proceeding then it cannot be implemented here.
raising the ground of ineligibility?
- No, because the quo warranto here is under the omnibus These are to be established in the enforcement of that will in the
election code. Philippines.
You have to show that the testator:
Rule 76- Allowance or Disallowance of Will 1. Is domiciled abroad, not resident.
Who can file a petition for allowance/disallowance of a will? 2. That he executed a will abroad
(DELTA) 3. According to the laws of the country where he executed it
1. Devisee 4. That it has been probated by a court of competent
2. Executor jurisdiction
3. Legatee named in the will 5. According to the laws where it was probated
4. Testator
5. Any person interested in the estate Reprobate of a will- means that the will has been probated in
Don’t confuse this with Rule 78 (Letters Testamentary and Letters abroad. Considering that it is equivalent to a foreign judgment, it
of Administration). Rule 78 is different. Here, it is application for has to be re – enforced. To enforce here you have to file reprobate
administratorship. Under rule 76, it is petition for the allowance of that will.
of the will. Under Rule 78, letters testamentary or letters of
administration, who can file an application for appointment as Jurisdiction – RTC has general jurisdiction or because it is an action
administrator of the estate. not capable of pecuniary estimation.
Letters testamentary (incompetent to serve as executors or
administrators) Venue – where he has an estate. If he has estate all over the
1. Not a Minor Philippines then we shall apply the Exclusionary Rule.
2. Not a resident of the Philippines
3. In the opinion of the court unfit to execute the duties of the E.g. If the deceased has estate in Parañaque, another in Manila,
trust by reason of drunkenness, improvidence, or want of others in Quezon City, you can choose anywhere for as long as it
understanding or integrity, or by reason of conviction of an is the RTC.
offense involving moral turpitude
Reprobate Court once approved, there must be a judgment.
Certificate of Probate has to have finality. Copy furnish the
Letters Testamentary vs. Letters Administration Settlement of Estates ends during partition and distribution of the
estate.
Letters Testamentary is the appointment of a executor. When
there is a will, there is an appointed executor. But it is necessary Rule 83 – Inventory and Appraisal
that the person in the will will be approved by the court because
in order for the court to issue Letters Testamentary, in effect BAR MATTER
appoint an executor, he must be duly qualified and what are the Sec. 3 – Who is entitled to the proceeds from the estate?
basic qualifications, it would be based on the court.
The widow and children. Grandchildren are not entitled to the
The Rule says that he must post a bond and accept the trust. If he fruits of the estate.
accepts the trust as an appointed, then he would be appointed.
Otherwise, there will be Letters of Administration which is the Heirs of Hilario Ruiz vs. Edmond Ruiz (252 SCRA) Landmark Case
appointment of an administrator.
Edmond Ruiz the son of the late admiral Ruiz, a sole heir but there
Qualifications - Administrator: was an adopted daughter who has three children. In the course of
the proceeding, the lawyer of the children against the father.
1. Not a minor; Edmond Ruiz is legally separated from the wife because he caught
2. Resident of the country; the wife in the act of adultery and so the wife was charged and
3. Must be duly qualified; convicted. The children lived with the grandparents. When Hilario
4. Not a drunkard (includes drug addict); Ruiz died, Edmond is the custodian of the will which he did not
5. Not convicted of offense involving moral turpitude (e.g. surrender. The adopted daughter filed a petition for a probate of
urinating in public) – any act degrading is an act involving the will with the will annexed. In the course of the proceedings, he
moral turpitude. filed a case asking that the rentals from part of the estate shall be
given to the grandchildren.
Rule 80 – Special Administrator
Grandchildren are not entitled to the proceeds from the estate.
When may a special administrator be appointed? Only the widow and the children are entitled.
But if there is an ongoing settlement of the estate, you have only 1. Guardianship over the person of the ward
to present evidence to the clerk of court. 2. Guardianship over the property of the ward
Upon submission of documentary evidence to establish claim, the There is a middleground or the third kind:
clerk of court will notify the administrator/executor of the estate
to file Answer to the claim within a period 15 days. -Guardianship over the person and property of the ward.
The Answer of the executor/administrator may either be positive Two grounds in order to apply for guardianship:
or negative. If positive, the settlement court will set aside part of
the estate to answer for that claim; if the Answer is in the 1. Guardianship over a minor- governed by the new rule. (Adm.
negative, hearing will be conducted and the Court will decide. Matter ___, 2003)
Before the amendment on the law on guardianship, being a minor Remember: 5 requirements of Reprobate of the will
is already a ground for guardianship. Now, under the new rule,
mere minority is not a ground. You have to qualify the situation of 2. Claims against the Estate
the minor. Rule 86, Sec. 7
Incompetent- prodigal, deaf-mute, unable to read and write, When the estate is the mortgagor
insane, imbecile, one who cannot take charge of his own affairs. The mortgagee has three options but one would exclude
the other, the availment of one is the exclusion of the
Jurisdiction over a petition for guardianship over the incompetent other.
is with the RTC. 1. File it as a claim against the estate under Rule 86;
Petition for guardianship over a minor is with the Family Court. 2. File judicial foreclosure under Rule 68; or
If the incompetent is at the same time a minor, Family Court has 3. File Extrajudicial foreclosure under 3135 as amended
jurisdiction. by 4118, he cannot ask for deficiency judgment in
the same action. Is there deficiency judgment? Yes
Oropesa vs Oropesa but in a separate action.
General Oropesa was the subject of petition for guardianship by If he chooses one, he waives the other.
his own two children saying that he cannot take care anymore of
his affairs because of the young girlfriend. In Rule 87, the antithesis of 86, but take note also that
Sec 5 regarding the fact that the estate is the mortgagee.
The SC said that the allegation was not proved. Petition did not
succeed. 3. Guardianship
Oropesa vs. Oropesa
Bond
Two Rules on Guardianship
Under the new rules, natural guardians are required to post 1. Rule in the Rules of Court; and
bonds. They cannot sell the properties of their wards. They have 2. The Administrative Matter or Guardianship over
to apply for appointment as a judicial guardian or guardian ad Minors
litem only for the purpose of selling particular properties.
To apply for guardianship over Minors, minority is not the
BAR MATTER: ground alone. Solely the fact of minority cannot be a
Rule 101 (Hospitalization of Insane Persons) ground for guardianship. It should be qualified.
Rule 103 (Change of Name)
Rule 108 (Cancellation or Correction of Entries In The Civil e.g. Death of the parents; remarry of one of the parents
Registry) and incapacity on the part of the parents
Case in QC of a Solfem old woman, the niece (Amparo Adoption is a juridical act, a proceeding in rem, which
Evangelista) filed guardianship over the person and creates a relationship between two persons similar to
property of her aunt. Petition was granted. While that of legitimate paternity and filiation.
exercising her duties as a guardian, she found out that
one of the properties is being leased to the Estradas. But A juridical act – it cannot be a subject of a contract. There
it is not actually being leased but merely being occupied must be a judicial order that is why it is a juridical act. It
by Pedro Estrada who is the all-around worker of her must pass through the court.
aunt – the driver, gardener, and all. Since she needs
medicine for her aunt, the property being occupied Proceeding in rem – it binds the whole world.
should be sold. But since it is being occupied by the family
of Pedro, she filed unlawful detainer as a guardian, Which creates a relationship between two persons –
representing the owner. The petition was granted. object or things are not included.
However, Pedro’s family filed an appeal. Therefore, the
judgment cannot be executed since the judgment is not A relationship similar to that legitimate paternity and
yet final and executory. During the pendency of the filiation – only a relationship “similar”
appeal, Carmen died. The niece is requesting to dismiss
the appeal on the ground of improper party since there The law can never approximate or substitute nature.
is no longer guardianship. You cannot represent Anak ay anak. Tatay ay tatay.
someone who is no longer around. CA dismissed the case.
Hence, appeal to the SC. Paternity and filiation – should not be interpreted
literary.
Was guardianship terminated? Paternity – man, father
Filiation – son
Guardianship was terminated because the rule is very These are used generically. Includes maternity.
clear that when either the ward or the guardian dies then
wala na. It is likened to SPA. Pagnamatay na ang isa, Legitimate – it is accepted. All the rights of the natural
whether the principal or the agent, wala ng SPA ganun father, mother, child also apply here.
din ang guardianship.
Rules on Adoption has taken a lot of changes through the
So the guardianship was terminated but will that call for years. Being adapted on the new trends. But
the dismissal of the case? SC said that NO because of substantially, it is the same.
substitution. Who is the compulsory heirs? Substitute the
ward by the guardian. And she is the niece. Therefore, Adoption was formerly governed by the Child and
the unlawful detainer case should continue. Welfare Code, PD 6303. This went through a lot of
amendments.
Bonds on guardianship.
At present, the law governing adoption is Domestic
4. Hospitalization of the Insane Person Adoption Act of 1998 and Intercountry Adoption Law of
1995.
Enlarged and enhanced the provisions of this during the
revised rules on special proceedings. Intercountry Adoption Board – quasi-judicial
instrumentality
Medical commitment – new title of Hospitalization of the
Insane Person on the Revised Rules on Special The governing law is R.A. 8552, Domestic Adoption Act of
Proceedings. 1998.
New Rule on the Hospitalization of the Insane Person Rules of Procedure which took effect in 2002 (not sure of
covers not only the insane but even the drug dependents the year)
and those who are with or afflicted by contagious
diseases. End 32:30
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Child Placement Agency – not only care but they can ask
R.A. 8043 and 8552 law on adoption, when you know the for the matching.
law, you already know the rules.
Anyone below 18 years old – Domestic Adoption Act When you try to tamper with the Civil Registry and make
Any child below 15 years old – Intercountry Adoption Law it appear that you are the parents of a child who is not
really your own. This is a criminal offense.
*Legal age is not the only requirement to qualify to
adopt. There is an amnesty on this.
OLD RULE: There must be a judicial declaration that the And the decision of the SC was against the adoption on
adoptee is legally available for adoption. Judicial the ground that the adoption must always be filed jointly
declaration means that you need to go to court. by the husband and the wife even when there is a
prospective plan to divorce and even the spouses are
NEW RULE: In the very petition for adoption, you start separated in fact. The adoption must be a joint adoption
with a judicial declaration that the prospective adoptee by the spouses.
is legally available for adoption. No need for a separate
petition.
Adoption Requirements:
Legally available for adoption
1. Voluntarily committed – the parents renounce their 1. 18 years of age;
parental authority and commit the child to DSWD; 2. Full civil capacity;
and 3. Qualified emotionally, psychologically, financially,
2. Involuntarily committed – the government forced and physically (totality of the person); and
the parents to commit the child to DSWD. 4. 16 year-age gap – between the adopter and the
a. Abandoned child – must have been adoptee
abandoned for 6 months; and Rationale: To lessen immoral or illicit relationships.
b. Neglected child
R.A. 8552 Who can adopt?
Child placement agency can also be a Child caring agency
but a Child caring agency is not necessarily child 1. Filipino – mentioned above;
placement. 2. Alien – always all the requirements of a Filipino and
residency requirement; with diplomatic relationship
Child Caring Agency – who takes care or provides support with the Philippines; and duly certified and qualified
materially, financially, psychologically to the child but to adopt according to their home country law; and
they are not authorize to file adoption proceeding. 3. Guardian – only after the termination of
guardianship
The SC states that how there can be full abandonment if Illegitimate child of Mr. Catindig. Mr. Catindig wanted to
the communication and good relationship continue. adopt his illegitimate child. Granted. But in the very
While adoption is always to the best interest of the petition for adoption. The petitioner asked that the child
prospective adoptee but that should not deprive parents would retain Garcia, the family name of the mother.
their parental authority. This parental authority does not Remember that in adoption, it is automatic that the
only consist of in support but rather the relationship of family name of the petitioner/adopter is followed by the
the father and children must always be considered. adoptee after the decree of the adoption. Following the
According to the wife, in the course of the testimony, the adoption, the family name now of Stephanie would be
children already wanted to live with their uncle and aunty Catindig. But Mr. Catindig wanted that the middle name
and they can provide. According to the SC, you cannot now of Stephanie should be Garcia. This was opposed by
delegate your parental authority just like that simply the Solicitor General and stated that it should be in a
because the children wanted to be adopted does not separate petition. That would be Change of Name under
mean that it is to their best interest. Rule 103. Hence, appealed to SC.
Who is entitled upon the death of the adopter. It goes 6. Habeas Corpus
back to the biological parents.
Refers to all kinds of illegal confinement or detention or
Bartolome VS. SSS illegal or unlawful withholding of custody from a person
2014 entitled thereto.
A certain seaman was earning handsomely and he met Unlawful withholding of custody
an accident while on board a ship and he died. The - Happens to husband and wife as well
biological mother filed an application with the
Compensation Act as beneficiary. This was disapproved E.g. Unlawful withholding of custody from the mother
by SSS on the ground that during the childhood when he
was only less than 2 years old (the seaman), he was Illegal detention or confinement
already adopted by his grandfather. And because of that - When it violates the constitution or the law
adoption, the parental authority seized. And under the
Compensation Act, according to the law, because of this If the court that renders judgment without jurisdiction
the parental authority was never returned to the then it can be subject for habeas corpus.
biological mother even upon the death of the adopter.
Serapio VS. Sandiganbayan
This is exceptional. SC found out that after adoption,
before the adoptee turned 2 years old, the adopter died. Filed a petition for habeas corpus. The SC said that the
Because the adopter died, the biological mother took remedy is wrong because you have a remedy against
care of the child again until the child became a seaman. illegal confinement in your case where you are confined
According to the SC, it should be the adopter who is by virtue of a warrant of arrest, you can always ask for
supposed to benefit. But in this particular situation bail.
considering that parental authority has returned to the
biological mother because of the death of the adopter, Doctrine: If there are other remedies, you cannot avail of
the biological mother is entitled to the benefit. This is a habeas corpus.
peculiar case.
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Buildner Case Subject matter
a. Cancellation
Mr. and Mrs. Potenciano got separated and divided the 6 b. Correction
children to the spouses. After a vacation, he returned to
his wife. Then the two children who used to be with the Jurisdiction – RTC
father told her mother that you are killing Dad. So, the
children brought the father in their Makati house. The
Venue - civil registrar keeping the records you want corrected or
mother filed a petition for habeas corpus for illegal
cancelled.
detention. In addition, Mrs. Potenciano requested for
visitorial rights of a spouse.
There are several instances, several documents or several entries
The SC said that the record will show that Atty. in the civil registrar which you may want to be corrected or
Potenciano notwithstanding his more than 80 years of cancelled.
age is still of very sound and disposing mind. If you have
a sound and disposing mind and you left the conjugal 1. Births
home then there is no illegal detention or there is even 2. Marriage
no withholding of custody because when you get married 3. Deaths;
you do not surrender your privacy. As to Mrs. Potenciano 4. Legal separations;
requested for visitorial rights of a spouse. Visitorial right 5. Judgments of annulments of marriage;
only refers to parents and children relationship but as to 6. Judgments declaring marriages void from the beginning;
husband and wife there is no visitorial rights. 7. Legitimations;
8. Adoptions;
Continuation of Change of Name 9. Acknowledgments of natural children;
10. Naturalization;
In one case, there were neighbors both women, Terese A. Castro,
11. Election, loss or recovery of citizenship;
the neighbor also named Teresa A. Castro. The difference is with
12. Civil interdiction;
their Middle name, one is Aguilar and the other one is Apolinario.
13. Judicial determination of filiation;
In order to avoid confusion, she asked for change of name. Ground
14. Voluntary emancipation of a minor; and
of a change of Name - Confusing.
15. Changes of name
During the Japanese times, we are hostile with the Japanese
because of the atrocities that they have done to certain Filipinos,
Procedure may either be a.) Summary or
so that when your name is Japanese sounding we tried to change
b.) Adversarial.
it. We are inimical, we abhor Japanese during those times. This is
another ground for change of name. Summary - When what is sought to be changed is only
typographical or clerical
What needs to be changed, your name in your birth certificate.
The name to be change is that which is contained in the birth Adversarial – When what is sought to be changed is substantial
certificate, and not on any other document, because the name on
your birth certificate is the official appellation of a person. These
are the ground on the change of name.
Onde vs The Office of the Local Civil Registrar of Las Pinas City,
G.R. No. 197174 (read the case) - The remedy and the proceedings
regulating change of first name are primarily administrative in
Rule 108 – Cancellation or Correction of Entries in the Civil nature, not judicial.
Registry
RA 9048 now governs the change of first name. It vests the power
Writ of Kalikasan – Rule 7 and Rule 8 of the Procedures on
and authority to entertain petitions for change of first name to the
Environmental Cases.
city or municipal civil registrar or consul general concerned.
Jurisdiction over applications for change of first name is now
*If given in bar always include the terms “Healthful and Balanced
primarily lodged with the aforementioned administrative officers.
Ecology”, being the main purpose of environmental laws
The intent and effect of the law is to exclude the change of first
name from the coverage of Rules 103 (Change of Name) and 108
(Cancellation or Correction of Entries in the Civil Registry) of the Resident Marine Mammals and Stewards of the Protected
Rules of Court, until and unless an administrative petition for Seascape Tanon Strait vs. Energy Secretary Reyes -G.R. No.
change of name is first filed and subsequently denied. It likewise 180771 and G.R. No. 181527 | 2015-04-21 - Environmental Cases;
lays down the corresponding venue, form and procedure. In sum, Citizen's Suit, Any Filipino Citizen In Representation Of Others,
the remedy and the proceedings regulating change of first name Including Minors Or Generations Yet Unborn, May File An Action
are primarily administrative in nature, not judicial. To Enforce Rights Or Obligations Under Environmental Laws
Ground for filing of a writ of Kalikasan – unlawful acts and Accountability, on the other hand, refers to the measure of
remedies that should be addressed to those who exhibited
omission of public officer or employee or private individual or
entity involving environmental damage of such magnitude as toinvolvement in the enforced disappearance without bringing the
level of their complicity to the level of responsibility defined
affect the life health and property of the inhabitants of two or
more cities of provinces. above; or who are imputed with knowledge relating to the
enforced disappearance and who carry the burden of disclosure;
Arigo vs Swift or those who carry, but have failed to discharge, the burden of
Award of damages not one of the reliefs granted in a Writ of extraordinary diligence in the investigation of the enforced
Kalikasan suit disappearance.
Cannot be used to pray for any affirmative reliefs The Commanders may be Impleaded not because of Command
Used to pinpoint Responsibility or Accountability, never criminal Responsibility but rather on the Ground of their Responsibility.
Liability.
The Writ of Amparo Does Not Fix Liability for Disappearances,
Filing the writ of Amparo will not proscribe the filing of a criminal Killings and Threats
or civil case.
Property Rights are Not Within the Ambit of Protection of the Writ
If you file a criminal case, it will suspend the amparo case, of Amparo
consolidate the writ of amparo with the criminal case.
Jurisdiction of Writ of Amparo – Concurrent Jurisdiction of the
If you file a criminal case, it will bar the filing of a writ of amparo, following:
you may avail the writ thru a motion. a. RTC – enforceable within the judicial region
b. Court of Appeals – enforceable anywhere in the country;
*Read the following cases: can be remanded to RTC for further proceedings
Burgos vs Esperon c. Supreme Court – enforceable anywhere in the country; can
Roxas vs GMA be remanded to RTC for further proceedings
Razon vs Tagitis
Who may file (one excludes the other):
Razon vs Tagitis 1. Aggrieved party
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2. Immediate family, ascendants or descendants
3. Non-Governmental Organization Name appearing in the baptismal certification
Interim Reliefs (for further understanding – refer to modes of Baptismal certification is not a subject matter for correction. You
discovery) only correct those of public records.
School records
WRIT OF HABEAS DATA If the school records will conflict with the birth certificate, you
have to correct the school records and it must comply with the
The writ of habeas data must not be confused with the writ of birth certificate. But that is administrative. 9048 is not applicable
amparo but it aids the writ of Amparo. here, what is sought to be corrected are only the entries there
under rule 108, section 1, yung 16 entries.
To protect a person from violation or threat of violation of one’s
right to privacy in life liberty and security (privacy rights). Is RA 9048 the right remedy under the following facts: The birth
certificate in the local civil registry was eaten by termites resulting
*Read the cases: Lee vs Ilagan and Roxas vs GMA to damage to a middle name (i.e., Pelingon became Peling, “on”
was eaten by termites”). Actually, this is only correction and not
cancellation. If you have other certifications, let’s say baptismal
Dr. Joy Margate Lee, Vs. P/Supt. Neri A. Ilagan - In order to certificate, school records or affidavit. You can show that so that
support a petition for the issuance of such writ, Section 6 of the this will be corrected. This should be 9048.
Habeas Data Rule essentially requires that the petition sufficiently
alleges, among others, “the manner the right to privacy is violated EVIDENCE
or threatened and how it affects the right to life, liberty or security
of the aggrieved party.” In other words, the petition must Basically, you have two things to consider here:
adequately show that there exists a nexus between the right to 1. Admissibility
privacy on the one hand, and the right to life, liberty or security on 2. Credibility
the other.
Evidence must not only be admissible but also credible. For
evidence to be credible, it is not only credible by itself, it must also
Roxas vs GMA come from a credible witness.
Example: SC: The rules of court will not apply that. It is not sanctioned,
A gun is material in killing a person. But the person was killed by because the rules itself so provide that naturalization cases are not
stabbing or drowning. Would the gun be relevant? It would not governed by the rules of court, if ever, only suppletorily.
tend to prove the issue, although that would be material.
Sasan Jr. vs. NLRC
Relevant and Material In labor cases, evidence not presented before the labor arbiter
An eye witness is testifying to the fact of robbery. He saw, his may still be presented on appeal to the NLRC. I am using the word
testimony is very relevant and material as well. Suppose in the “appeal” very loosely here because in labor cases, there are no
course of his testimony, he tries to establish that the robber was appeals.
only in grade 1.
Ascertaining – to make sure that it is the real thing
Will that be relevant in robbery? Definitely it will not be relevant,
neither will it be material. Nature of evidence:
1. Object
Sometimes it may not be material, but it may tend to prove, or 2. Documentary
what is called indirect evidence. 3. Testimonial
No. It may be disallowed as well by the Constitution. In fact, very The first step of authentication, identify it, and then mark it. That
fundamental, there are matters that may very relevant, very happens under the present dispensation, during the pretrial, or
material, but you cannot present them as evidence because they preliminary conference. The authentication proper takes place at
are not sanctioned or allowed by the rules. the trial. The rationale behind the rule of marking and
identification in the pretrial is preparatory to authentication.
Two landmark cases:
Mr. Witness, I have here a deed of sale. What relation has this to
Zulueta vs. Court of Appeals the deed of sale you mentioned? That is the deed of sale.
Mag-asawa, yung asawa niyang doctor pinagsususpetyahan. The
marriage was already in danger of being dissolved. Aside from the On the lower portion, there is the name Juan dela Cruz. Whose
filing of legal separation, there was also a case for disqualification signature is this?
to practice medicine. That is may signature
One time, she went to the office of her husband and ransack the You have now authenticated the document.
office, got documents such as love letters, pictures. She tried to
present this as evidence in court. The SC said that these may be How do you authenticate object evidence?
relevant evidence but they are not sanctioned by the rules Before a witness is allowed to testify, he must take an oath. That
because in securing these pieces of documentary evidence, wife is the authentication.
has violated the husband’s right to privacy.
If the witness refuses to take an oath because of religion, he
The word rules is not limited to the rules, it may refer to a statute should take an affirmation. But witness also refused to take
(such as Anti-wire tapping Law). You cannot present evidence affirmation.
violative of said law, they are inadmissible.
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Which should be given preference, religious right or the right to
hear the truth? Common defense by accused: Planted evidence
In this particular case, the right to your religion gives way to the What is the purpose of the rule?
right to what is true because this is a judicial proceeding. If To preserve the integrity and evidentiary value of the evidence.
witness doesn’t want to swear or affirm, witness cannot testify.
How sure can the court be that he will say the truth? There can be several links in the chain of custody rule. At least,
there should be four in the chain of custody rule.
When one does not one to take an oath or affirmation, he cannot
authenticate his testimony. Therefore, his testimony is 1. Who confiscated it?
inadmissible. 2. To whom drug was given upon confiscation?
3. Who gave that to the laboratory?
Object evidence 4. Who gave that to the court?
There are object evidence which are easily identifiable, because The old doctrine, you have to present at least four chains. The new
by their very nature, they are already marked. doctrine (Gani, Posing), it is really very hard to bring them all to
court and to establish the unbroken chain is quite improbable.
For example, gun. You ask the witness, “what were you doing at Somewhere, somehow, the chain will be broken. But as long as
the scene of the crime?”. I was the police investigator. you can preserve the integrity and evidentiary value of the object,
then you have complied with the chain of custody rule.
“What did you find, if any?” I found a gun
“What kind of a gun?” A 45-caliber Furthermore, you can only present one witness to establish the
“Is this the gun which you have found at the scene of the crime?” chain of custody rule, but this one witness that you are presenting
Yes Sir knows all the chains.
“How do you know that this is the gun that you found at the scene
of the crime?” Two witnesses are usually presented:
1. The one who confiscated, brought to his boss and to the
This is authentication, you have to authenticate/ make lab
sure/ascertain that it is the real thing. 2. The one who examined
W: When I found that at the scene of the crime, I wrote in my It can be one only, as long as he is able to establish the chain and
notebook the serial number. he has personal knowledge of the matters he is testifying to.
If the object is not easily identifiable, make them identifiable. The truth respecting a matter of fact – offer of evidence
Atty: What did you find at the scene of the crime? How do you offer testimonial evidence? Even before he speaks
W: I found a knife the first testimonial word. After the oath or affirmation, you start
Atty: What kind of knife? to make the offer now.
W: I found a kitchen knife
Atty: I have here a knife, how do you know that this is the knife? How do you offer documentary or object evidence?
W: When I found it, I put a mark there. Before you rest your case, you have the make an offer for the
documentary and object evidence. Even if presented, still you
Objects which are not identifiable have to make a formal offer of evidence.
Example: Blood, oil, shabu
Different classifications of evidence:
First possible question in the bar: Doctrine of chain of custody Positive and negative
rule (RA 9165, Section 21) An affirmation of something negative or an affirmation of non-
existence of something is a positive evidence. Denial is negative
Doctrinal cases which amended old doctrine: evidence.
People vs. Gani
People vs. Posing Direct and circumstantial
RULE 129 – WHAT NEED NOT BE PROVED The judge can take judicial notice, March 24, 2000, was
good Friday.
Under this rule, what is the effect of evidence? Proof.
What is the use of evidence? To establish or prove a fact. Remember that foreign laws cannot be taken judicial notice of.
How about the records of the case in their own sala?
Two kinds:
1. Judicial Notice No. Not even the records in their own sala. In case #1 and #2, in
2. Judicial Admission trying case #2, the court cannot take judicial notice of the records
in case #1.
What constitutes judicial admission?
The following will constitute judicial admission: The Rules of Evidence is very practical. Under Rule 130,
1. Admissions in the pleadings (whether complaint, reply or admissibility of evidence. Look at the division of admissibility of
even in motions evidence. First, you are presented of different rules, according to
2. Admissions during the pre-trial or preliminary conference the kind of evidence. As to their nature, there is only one rule on
3. Admissions during the trial object evidence. In documentary evidence there are only 2 rules.
Remember that the admissions in the original complaint Before there are two principles, but now there are three because
are judicial admissions, However, when that original of the introduction of Rules of Electronic Evidence. Then all the
complaint is amended, the amended pleading rest will be about testimonial evidence. Do you see why that is
supersedes the original pleadings. The admissions in the so? Why there are so many Rules under Testimonial Evidence.
original pleadings become or are turned to extra judicial There are only three rules, used to be two rules on documentary
admissions. In order for these to be admitted, you have evidence. And there is only one rule on object evidence. It is
to prove them and offer them. because the strongest kind of evidence is object evidence. It is
the strongest. As far as its credibility is concerned, object
Two kinds of judicial notices: evidence is of the highest order. That is why it takes but one rule
1. Mandatory – mandated by the rules to be admitted to provide for object evidence. Next to that is of course,
(familiarize yourself) documentary evidence. And the rest would be about testimonial
evidence. Why there are so many? It is because it is the weakest
Local laws are not of judicial notice. of all evidence. But, being the weakest of all evidence,
testimonial evidence is the most important. So again, the rules
MTC judges are supposed to take judicial notice of city are necessary for testimonial evidence because it is the most
ordinances where they sit. How about the RTC? The important. Object evidence and documentary evidence, while
statutes which govern or applicable only in that locality, they have the strongest effect of credibility or acceptability or
then they are of judicial notice. even admissibility, they cannot stand on their own, because
these two kinds of evidence, object and documentary evidence,
2. Discretionary – this can only be done, or availed of before will have to be testified to. They cannot stand on their own. You
or during the trial, but not after. present a person as an example. A person can be an object
evidence, you present Mahal. Do you know Mahal or Mura? You
Three grounds before the court can take discretionary judicial present them as object evidence to establish dwarfism, that
notice: there is dwarfism in the country. Will you arrive at the conclusion
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that there is dwarfism in the country? No, someone must testify. examiner why will I be asking about this best evidence rule, when
You present Mahal or Mura to show the entire world that there it is already impractical, because nowadays all copies are original
is dwarfism in the Philippines. It requires someone to sponsor copies. This best evidence rule, of all the documentary evidence,
object evidence. Another example is a calibre-45 gun, we need to will not be asked now if the examiner is keeping abreast with the
offer or present the gun to the judge to be marked. Someone modern times. It should be electronic evidence and not the best
must tell us, what relation has this to the fact in issue. What evidence rule. For academic purposes nonetheless, you will be
relation has this to the corpus delicti. To the fact of the crime. asked what the exemptions are. You don’t have to memorize the
Corpus delicti. So someone must sponsor that. Kaya nga while exemption just use your logic. Why can’t you produce the
documentary and object evidence would greet them? Credibility original? The exemptions found in the rule are matters of logic.
and admissibility as against testimonial evidence, testimonial is Whatever the logical reason you have that could be the
the most important, because without it, these object and exemption. Why can’t I produce, because the original was lost;
documentary evidence cannot stand. The first rule there is about because the original was destroyed partially or totally; Because I
real evidence or object evidence. And what is object evidence? It can’t produce the original, why? because the original is with the
is described or defined as that which is addressed to the senses adverse party; because I will not produce the original, because I
of the court. To the senses of the court means to the senses of am only after the summary of the original. Because the original is
the judge or addressed to the judge. These refer to the five a public record, it is in the custody of a public officer. Just consult
senses of man. Because object evidence is categorized according your logic and reason you will know the exemption to the best
to what sense of man it is addressed to. The kinds of object evidence rule. Let us now discuss parole evidence. When the
evidence depends on the kind of sense of man to which it is terms of an agreement are set in writing, then there is no other
addressed to. So if that evidence is addresses to the sense of evidence of the terms of the agreement except those found in
sight, you call it visual evidence; to the sense of hearing, it is writing. Parole evidence means evidence outside the document.
auricular or audio evidence; to the sense of taste, gustatory So that any evidence aliunde is not admissible. Any evidence
evidence; to the sense of smell, olfactory evidence; to the sense outside of the document cannot establish the terms and
of touch, BBBBBBBBB. If you ask me, which is the most condition of the agreement. The rationale behind this is that
important of them. It depends on the fact of issue, although when two persons enter into a contract, they put in writing the
ordinarily what is often used in court is audio-visual. So any kind terms and condition of the contract, they have already agreed
of evidence that address not only of this world, but it can be that this will only be the terms and condition of the contract. All
seen, it can be read, or smell, like perfume, olfactory evidence of the terms cannot be established by evidence aliunde, including
foul odor. It is address also to the sense of smell. The skin, sense oral evidence. Don’t limit yourself to oral testimony, you cannot
of touch, you try to examine the texture of the skin. Olfactory prove the terms and condition of the contract under parole
evidence is a very strong evidence. So this is object evidence. evidence by other contract which is also a documents. Because
Under object evidence there are three rules, we have the best that is outside evidence. So you don’t limit this to oral evidence.
evidence rule, the parole evidence rule, and then electronic The general meaning of that is any document outside the
evidence rule. The term best evidence rule is a misnomer. It is contract are inadmissible. The reason and logic dictates what are
because the rule says, original copy of the document does not the exemptions. If your contract is invalid there is no contract to
necessarily means that it is the best evidence. This should talk about. Sometimes, the exemption also will be on the
instead be called the original evidence rule. Under the best ambiguity of the terms used in the contract. There are several
evidence rule, it is not necessarily a documentary evidence. As terms which are ambiguous. It means it can be doubly
we said precisely, object evidence maybe of the highest order. interpreted. For example sa klase, give me an example of an
When we say best evidence rule we are referring to the original. ambiguous word. Ang tagal, ang tagal, sabi ko don’t be shy.
But what you have to take to remember here is the formulation Beautiful. My gosh ambiguous ba ang beautiful. If it is applied to
of the best evidence rule. When the subject of the inquiry is the you yes. An example of an ambiguous word is when you use the
contents of a document, there is no other admissible evidence word dollar. If I have to borrow money and asked, I will tell that I
other than original. Take note of the first phrase, that is crucial. borrowed Hong Kong Dollar, contrary to what you may say that
When the content of the document is the subject of the inquiry, what I have borrowed is US dollar. So that is an ambiguous term.
so that if the content of the document is not the subject of the When you devised a real property to Mario Santos, and there
inquiry, but you are only trying to establish the existence of the happens to be two Mario Santoses. Then you’ve come to
document or the age of the document, or the quality of the establish by parole evidence. Because this agreement referred to
document, the best evidence rule will not apply. That is crucial. here includes wills. But before going into the exemptions, don’t
When the subject of the inquiry is the content of the document, forget the second paragraph, that is very important. You have
there is no other admissible evidence except the original of the there, parole evidence, then there is a second or third paragraph
document. This term original descended for the rule is getting to which are the exemptions. In second paragraph it states, that the
be passé already. The possibility of the chance of being asked in exemption must be put in the pleadings. Must be set in the
the bar is very small regarding original document, because now, pleadings. What does it means? What that means is that when
you prepare an appellant’s brief or a memorandum to be you are contesting certain terms and condition that you want to
submitted before the Supreme Court. Under the best evidence establish by parole evidence or oral evidence or by evidence
rule is what is quite important is the original, the first copy. You outside the document. You have to set that in the pleading.
have to present the original; all other copies are not acceptable Supposed there is a complaint. The complaint is based on the
or admissible. That is the best evidence rule. Nowadays, when document and when you run over the document you found out
can you say that the document is original? You only print one and that there a lot of imperfections in the document, and you want
have it xerox. Then you sign. They are all original. So if I were the to contest that in order to be allowed parole evidence or oral
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evidence or evidence outside the document, otherwise known as perform, then he is disqualified. I take emphasis on paragraph D,
evidence aliunde. You have to place in your answer that the the children, because that has been amended already. Because
contract is imperfect or there are mistakes or imperfection. If in the presentation of the problem, it appears that children are
you do not allege that in your Answer then you cannot use presumed incompetent. The presumption is there is an inability
parole evidence. Okay this is regarding the parole evidence. Let to perceive and perceiving can make known his perception.
say something about electronic evidence. For purposes of the bar Under the rule on the examination of a child witness, the
there is only one question possibly being asked under the presumption now is that a child is a competent witness.
electronic evidence rule and that is the necessity of Therefore if you want to assail the competence of a child, the
authentication. How do you authenticate electronic evidence? rule now favors the competency of a child. If you want to assail
Answer, to authenticate electronic evidence, it must be by the competency you have the burden of proof. Under the rule on
someone privy to the document. One who is not privy to the the child examination witness, so if you assail or impugn the
document has no right to authenticate the document. How competency of a child to testify, you have to establish it by the
about an expert witness? That could be an exemption. If you competency test provided for in section 6 of the rule on
cannot get someone privy to the document, then you can secure examination of a child witness. What is this competency test
the testimony of an expert witness. For example, you are trying about? This is not a psychological test. This is a regular
to present evidence of text message, you have to present your observation of a searching question of a judge to simply establish
cellphone to the court. And show to the court that these are the whether or not a child is competent and how will the judge
copies of the text messages which are hereby printed. Compare. establish the competency of a child? Through his questioning, he
So that we have to mark here. But when presented, you have to must determine if the child knows the difference between
authenticate before the court the messages you have received truthfulness and falsity. That is the only objective of competency
from somebody. In other words you are privy to the document. If test. If the child does not find the difference between the two,
someone is testifying, for example, Mr. X texted Mr. Y and these then he is incompetent. There is a jurisprudence that a four year
are the text messages ( other example, chats, email, etc.). You old child was considered competent to testify. But another, a
cannot do that in court because you are not privy to the two year old was considered to be incompetent. While he is able
document. I know a possible expert witness here, the service to perceive, he cannot make known his perception. Under the
provider. Electronic evidence can only be authenticated by rule, the competency test must be done in seclusion, away from
someone privy to the document. The best evidence rule will not the general public. What is live link testimony? You can find that
apply here because electronic evidence are not considered in the rule on the examination of a child witness. I think section
original document. They are only, at best, reproduction. So you 25. That is secluded testimony. You isolate the child with the
have to distinguish another point in electronic evidence. You help of testimonial aids (diaper, gun, person, play toy,
have to distinguish electronic message against electronic data anatomically correct doll). Testimonial aid is different from
and electronic document. Electronic document consist of support persons. Support person is anyone who accompanies the
electronic data or message, but these electronic document child (relatives). You have also a term there called facilitator.
creates rights or establishes rights or extinguishes obligations but Who is a facilitator? A facilitator is one who propounds question
not electronic data message. So notice the distinction. For to the child relayed by the parties concern. To this facilitator, the
example, you send a contract to the US through email. Of course child has trust. There are questions barred to be asked to the
you signed it, it is called electronic signature. Electronic child (sexual abuse shield rule). One, the sexual propensity of the
signature, you know, is not always a writing. Electronic signature child. You cannot ask regarding past sexual encounters of the
can only be an electronic sign. But it can even be a sound. Back child. But there is an exemption to bar this rule. If you are going
to my example of the contract, he improves it makes certain to establish that the accused is not the source of the semen
corrections and send it back to you. That is electronic document. found in the vagina of the child, then you can ask specific sexual
Suppose what you send is a contract of rescission, then it encounter of a child.
extinguishes an obligation. As distinguished from simple
messages that do not create rights or obligation. Let’s go now to HEARSAY RULE
testimonial evidence. I asked you to memorize the definition of
evidence. Evidence is the means, sanctioned by the Rules of There is a lot of misconception of Hearsay Rule. The
ascertaining in a judicial proceeding the truth respecting a matter layman often apply very loosely, they simply say, oh that’s
of fact. Then the next thing that I want you to remember and hearsay. Meaning to say, it is unbelievable. That is not the concept
preferably memorize is the qualification of witnesses. This is also in legal parlance of hearsay. A hearsay rule in legal parlance is that
a catch all provision. That is in section 20 of the rule. One who which is not admissible. Why not? Because it is incompetent.
can perceive and perceiving and can make known his perception
can be a witness. Can a blind man testify? If you forgot the For admissibility of evidence, Evidence is the means,
landmark case, use that general rule. Can a deaf-mute testify? sanctioned by the rules, of ascertaining in the judicial proceeding,
use the same. Three requirements, first, one who can perceive the truth respecting a matter of fact. The word sanctioned, means
means the ability to observe. Perceiving, the ability to competency. So hearsay is an incompetent evidence because it is
remember, recollect or recall, can make known his perception, not allowed by the rules. It is the only reason. The rationale behind
communicate what he can recall. Next we go now to the non-allowance of hearsay evidence maybe diverse. But
disqualification. Who are disqualified to testify? The following fundamentally or basically, it is because the rule does not allow
are disqualified to testify, under section 21, whose mental the admission of hearsay.
condition is such that he is unable to perceive or perceiving can
not make known his perception. Any of the three he cannot
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But whenever we say hearsay for purposes of other than the fact that B is the killer of C, that is independent of
admissibility, we have always to consider the purpose. What is the the fact that B killed C. That is why you called that the Doctrine of
purpose of the testimony in order that it will become hearsay? Independently Relevant Statement.
This is the most important part of the hearsay rule. You have to
know what is the purpose of so saying of stating so because if the [Another example] Let’s analyze the testimonies of
purpose is not to establish the truth of the statement which you Colangco. Some are hearsay, because they simple establish the
heard from someone, that is not hearsay. That is why, in a hearsay fact of drug business and it was taken from other sources. But if
rule, three important requirements must be consider: Colangco is stating or is trying to establish the fact that someone
1. There must be an out of court statement or told him, that’s the end of it. Independent of whether or not there
declaration; is a drug business inside the National Bilibid prision, that is
2. That the out of court statement or declaration is admissible. Independent of the fact as the cause of the subject
repeated in court; and matter of the case.
But hearsay does not yet apply, what is the
purpose of repeating that out of court statement in This Doctrine of Independently Relevant Statement is
court? If the purpose is other than to establish the often asked in the Bar. It has a batting average of fifty percent. It
truth of that out of court statement, it is not hearsay, can be asked as an exception or as a rule itself.
it is, therefore, admissible.
3. That the out of court statement or declaration is Take note of the Hearsay Rule. The three requirements,
repeated in court for the purpose of establishing the [a] there must be an out of court declaration [b] repeated in court
truth of that out of court declaration. [c] for the purpose of establishing the truth of the out of court
declaration. If it is not to establish the truth of the out of court
Example: Mr. X is on the witness stand. He is in court. He declaration but other matter, then that is admissible under the
testifies this way, Mr. A told me that B killed C. Who is saying that? Doctrine of Independently Relevant Statement.
X. Where is X saying that? In Court, he is testifying. His testimony
is that A told him that B killed C. That is the out of court Exceptions [to the Hearsay Rule]:
declaration. Who made the out of court declaration? It was A
telling X that B killed C. There are several exceptions under the rules but will
point out only which are quite important or possible being asked.
So the two composite of hearsay rule is present. There is
an out of court declaration repeated in court not by the declarant 1. Dying declaration.
but by Mr. X. So the 2 components are there already. But is it
hearsay? As of now, not yet because you don’t know the purpose What is the rationale of this? It is clearly
of that statement of X that A told him that B killed C. C is the victim. hearsay. All the requirements of hearsay are present.
C is the subject matter of the case and X is testifying that A told Just the word itself will give you an idea why it is an
him that B killed C. exception, by underscoring the word “Dying”. The most
important in a dying declaration is consciousness of
Question: What is the purpose of X testifying that A told impending death because all the other will just come as
him that B killed C. Suppose at the time of the testimony, the a matter of course.
adverse party said: Objection your honor, that’s hearsay. What is It is not consciousness of death because all of us
the purpose? The court asked now, why are you telling the court are conscious of death. We are conscious of dying. In fact
that A told you that B killed C? [X] I want your honor to show that I call death as the most certain uncertainty and the most
on that day that A told me that B killed C. [However,] B was alive. uncertain certainty because it will definitely come but
The fact that B was alive, is that the subject matter of the case? you do not know when it will come. That is why the
No. Is that hearsay? No. Because what is under consideration is consciousness here is that of impending death, not just
the death of C. This is not hearsay. So the objection is overruled. consciousness death.
How does the rule construe of the word
Suppose the court ask X, Mr. X why are you telling that A impending? You are aware that you are going to die six
told you that B killed C? I want to show your honor that B is the months from now? That is not an impending death. You
killer. That would be hearsay. That is inadmissible. That is the are aware that you are going to die one week from now?
subject matter of the case. You are not. That is not what is meant here of
consciousness of impending death. You are aware that
The first example is what we call, which is often given in you are going to die NOW. This is what consciousness of
the Bar, the Doctrine of Independently Relevant Statement. You impending death means.
are not establishing the fact subject matter of the case, but you
are only establishing the fact that there was statement made to Should this be established, therefore, by the fact
you by A. What is the truth of the killing by B of C? That is that the situation of a dying person even without saying
independent. What is relevant in that testimony is to establish a word? Yes. This consciousness of impending death can
who is the killer. And the statement [that] A told X that B killed C. be established even if no word was stated by the dying.
Are you establishing the fact that it was B who really killed C? If The term declaration of statement is not absolute.
that’s the purpose of your testimony, it is hearsay. That is
inadmissible. But if your purpose in so saying, in so testifying, is
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Death is what you are going to testify to. The occurrence. When you speak of a startling
fact of death. occurrence it is to an average individual.
5. Entries in the course of business. (Possible bar 7. Returns. They are exception to the hearsay rule;
question) 8. Learned treaties;
9. Commercial lists;
The entrant is not available to testify in 10. Testimony at the former trial. (possible bar
court. This should what you always look for in this qsuestion)
exception, is not available. The general rule,
testimony must be done in open court and the This may be tied up with depositions.
exception is out of court. So if he is available, put him
in the witness stand. If he is not then that is the only Admissible? Yes. As an exception to the
time that you asked other who have heard him. The hearsay rule. But take note, it must be the same
requirements for entries in the course of business parties and there was an opportunity to cross
are:
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examine the witness by the other party to Mr. X: Well, I was his employee for the past twenty years,
comply with the cross examination rule. I know his signature, I am familiar with his
signature.
Section 20 of rule 3. Contractual money
claim. There are many interelations involved, it It is an exception, that is an opinion.
is interelated to Rule 39, related to Rule 86,
related to Rule 87, related to Rule 57. If these will
Atty.: Mr. Witness, do you know Mr. Juan Dela Cruz?
be asked in the Bar, they are the difficult Mr. X: Yes I know him.
questions. Atty.: How do you describe his mental sanity?
Mr. X: I think he is mentally challenged.
Atty.: Why mentally challenged?
11. There is an exception to the hearsay rule which is not Mr. X: Well, we were together in the mental hospital. He
found there among the eleven (11) which is the just left ahead of me.
Testimony of a child. We have discussed this already
under the child witness rule. The other exception is that of an Expert Witness.
OPINION RULE For purposes of trial in court, when you present an expert
witness, you have always to lay the bases, lay the predicate
Under this rule, it simply means that in court, a witness because if you do not establish his expertise on a particular
cannot give his opinion. Under the basic qualification, one who matter, then you cannot ask him about his opinion. So lay first the
can perceive and perceiving can make known of his perception, in bases.
other words, the knowledge that came to him was on account of
his personal observation not what he opines. In actual practice, if you are going to present an expert
witness, you should prepare already the biodata of your expert
In actual practice, be very careful when you get to become witness. And before you present him in the witness stand, you
lawyers. If you are coaching a witness, it does not necessarily furnish a copy of his biodata to the Fiscal, if criminal case or to the
[means] that you are cheating but you are teaching the witness adverse counsel if it is civil case. That’s why when you go to the
how to correctly testify. For example, you tell him never premise court, you simply ask the adverse counsel if they are going to
your testimony by saying “I think” because that is already accept his expertise.
objectionable. That is already a matter of opinion. “I believe” [is]
already a matter of opinion. Opinion[s] are not allowed in the For example, the fiscal said, “no, I don’t accept his
course of the testimony. expertise,” it will take time to lay the predicate. You have to lay
always the bases.
What are the exceptions? As an ordinary witness, there
are exceptions four (4) exceptions: There is a certain witness that an expert witness is
required. Like today, declaration of nullity of marriage is
1. When you testify in the handwriting of an individual; psychologist.
2. When you testify on the identity of an individual;
3. When you testify on the mental sanity of the When you have already established the expertise of this
individual; and witness, you can ask him opinions because that is an exception.
4. When you testify about your impressions on the
individual. Once the expert witness has testified, generally, don’t
cross examine. When you present a expert witness, as a general
For example, you call Mr. X on the witness stand and you rule, if you are not an expert on the subject, you should not cross
show him a document. examine because you will not get any from him because he is an
expert and you are not an expert on the subject unless he is a
Atty.: Mr. Witness, I have here a document, please go lawyer and discusses legal matters, then you can cross examine
over page four. What do you see on page four on him. But if he has another field, let us say Structural Engineer,
the right hand lower portion? what do you know about it? None.
You find there a printed name Juan Dela Cruz,
above which is the signature. Atty.: Whose signature is After you controvert that expert testimony, you
that? controvert him by presenting also an expert witness or even a
Mr. X: This is my signature. more expert witness. Then let the court evaluate who is the better
witness between the two.
Will that be an exemption to the hearsay rule? Of course
not. The opposite of an expert witness is what you call Lay
Witness or Lay Evidence (possible bar question).
Atty.: This is the signature of Juan Dela Cruz. How do you
know that it is the signature of Juan dela Cruz? Lay Evidence is simply the testimony of a non-expertise
witness on ordinary matters.
What is the general rule? Character evidence is Reminder: Passing the bar does not only need a push from below
inadmissible. Not admittable. but a lift from above.
Elmer was 16 years old when he was presented as the primary
Exceptions: child witness against the accused. 5 yrs. thereafter, he was again
presented as a witness to be examined in the same case. His
1. In Civil cases, any character, whether good statement 5 yrs. ago became inconsistent with his current
or bad, can be establish in civil cases if it is statement. May his statement 5 yrs. ago which was conceded as
relevant to the case at issue. privileged be still appreciated?
2. In criminal cases, you can establish the Ans.: What is privileged remains to be privileged. It will not change
character only in rebuttal. through the years. This is only conjectural. Unang una meron ng
rule ngaun the 1 day-examination of witness rule kaya malabo
Rule 131, On Burdens of proof and presumptions. nang mangyyari yan.
May he be impeached? It is another matter covered by Section 11
What is the burden of proof? The burden of proof is the of Rule 132. Impeachment of a Witness. You can always
duty of a party to establish his claim. Whoever has the claim has impeached witness provided there are grounds. It will be discussed
the burden of proof. So don’t immediately say that it is always the later.
plaintiff because you may be trying to establish the claim in a Burden of Proof and Presumption.
counter-claim and, therefore, if it is the claim in the counter-claim, What is a presumption? A presumption is an inference. You
it is the defendant which has the burden of proof. Whoever has a arrived at a conclusion – a logical conclusion. There are two kinds
claim has the duty to prove his claim. of inferences:
1. Presumption of Facts – is a simple inference. Any object
In criminal cases, we often say, that the burden of proof which is lighter than air will have to fall down when thrown.
sticks or remains with the prosecution. Because what is in the Pag tumapon ka and that object is heavier than air it will fall.
criminal case? The criminal case is nothing else but to show that Inference: Living things grow and die. Very simple inference.
the accused is guilty beyond reasonable doubt. There is no other 2. Presumption of Law – is an inference directed by laws. Under
purpose in criminal case but to show that the accused is guilty for our rules, there are only two kinds:
which he was charge. Therefore, the obligation to prove that guilt
never leaves the prosecution at all times from the start to the end Two kinds of presumption of law:
because in criminal case, there is no counter-claim, cross-claim, a. Conclusive presumption – that which cannot be
third-party or fourth-party complaint, there is even no controverted. Court
intervention. That is why the burden of proof sticks to the has no other choice but to accept
prosecution because there is no other thing to determine in the
criminal case except the guilt of the accused. Two (2) Conclusive Presumption
i. Estoppel in Pais – when you make a representation
However, when the accused interposes self-defense, to somebody and that somebody on the basis of your
(remember Rule 6 in kinds of pleadings, affirmative, self-defense) representation acted on it whether negatively or
meaning to say that he already accepts the facts for which he was positively, then you can no longer deny the fact of
charged. He has not confessed. He already admits the fact of your representation. You are estopped!
killing but he does not confess to the fact of killing. That is why
even in an affirmative defense, the burden of proof never leaves Ex. I am the agent of Mr. X selling to you property of
the prosecution because the only thing that the accused does is to X and you on the basis of my representation believed
admit the fact and never confess to guilt or acknowledgment of that I am the agent of X, you enter into a contract
guilt. But because of this admission what shifts now the burden of through the principle of agency with me. I can no
evidence. longer deny agency because I am in estoppel ----
conclusive presumption; cannot be controverted.
What is the burden of evidence? The burden of evidence
is coming forth forward with the evidence. Meaning, who will now
present evidence? This is sometimes called reverse trial. The
ii. Estoppel by a Tenant (lessor/lessee;
burden of evidence now is with the accused. He now starts to
landlord/tenant estoppel) – A lessee for example
present setting forth forward the evidence of his claim. Since he
who is the occupant of the premises on the basis
has now a claim, self-defense. But has he the burden of proof
of accepting the fact of contract of lease. You
now? No, only the burden of evidence.
accept the fact that lessor duly authorized to
enter into contract. You cannot deny anymore
It is easy to understand the Burden of Proof than the
the authority of lessor in leasing unto you the
Burden of Evidence in Criminal Cases than in Civil Cases. Because
property.
the Burden of evidence in civil cases is shifting many times. But
the burden of proof will always remain on one who has a claim.
Also, it is not always the plaintiff who has the claim, it can be the
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A leased to B a parcel of land. B cultivates it. and one of the steps is not complied with, the
Later on B found that A is not the owner. He stop disputable presumption is not applicable.
paying rental for the said reason. Is the reason
valid? No! When he enter into the contract, he iii. Paragraph “w” – Absence. Gen Rule: any one
acknowledge the fact that A has authority to who has been absent for seven (7) consec. Years
lease the property unto him. He is therefor in without news of the absentee being alive, he is
estoppel. presumed dead. This is disputable presumption.
1st part
• When you present evidence, must be in open court.
ii. Paragraph “m” (Chain of custody rule).
Under the Constitution, a party is entitled to a public,
Regularity in the performance of a public
impartial and speedy trial. Public means open court --
function. Commonly applied in drug cases – buy-
-- testimony and gathering of evidence must be in
bust operation. If there are steps to be followed
open court. Opposite: in-chamber. Exception and in-
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chamber usually when it is a crucial case or involved • In Rule 23, we discussed about Depositions. This is the
privileged communication. Ex. Support, annulment, same in giving testimony in open court. Ang mahirap
rape case, etc. sa depositions, ung written interrogatories, you
• All trials/proceedings must be recorded. All courts should prepare it ahead of the examination
now are “courts of record. There is official recorder (questions on direct exam, cross, etc.). You prepare it
(stenographer). The recordings is called the Transcript even without answer yet kya mahirap.
of Stenographic Notes “TSN”. Under the rule, TSN is • Trial proper starts with Direct Exam of Evidence in
prima facie correct. Chief – not limited only to principal witness. In direct
exam, there are prohibited modes.
Brondial note: For more than 30 yrs., I have never i. Leading questions – those which suggest the
found a TSN without an error. Before you proceed with answer. Generally, questions answerable by yes
the next hearing, go over the TSN because errors may or no are leading questions.
be fatal. You have to distinguish that from
misleading question – those that assume a
• Manifest before the court, if you found fact to have been testified when in truth it
error in the TSN. Ex., there is error in parag. # xx has not been or assumed a fact different
page xx, so on and so forth (isa-isahin mo!). from that which has been testified to.
Sometimes, error is very substantial/fatal, in fact Misleading questions are not allowed. But
if you ask for correction, other party will not there are lawyers who ask misleading
agree. What will you do? Recall. If trial is not yet questions purposely e.g., to find out
ended, you can ask for continuation of whether adverse party is paying attention
direct/cross examination. You think of ways how to what is going on (kung
to correct the error. natutulog/tatanga-tanga and kalaban
ppasok ang question mo).
Note: Tie this up with Appeal. If appeal with the Nowadays, judicial affidavit (JA) is being
Appellate Court, record must be complete. What used, but with more reason that you should
if record is incomplete? Inform the court so that it examine the JA. Under JA rule, there may be
will be completed. Supposed it can no longer be a lot of leading and misleading questions.
completed, ex. nasunog, you should file a Petition Remember that it is direct exam, leading
for Reconstitution of Judicial Records. Otherwise, questions are not allowed. As adverse
appeal cannot be done. Remember that the party, you should bother to examine
requirements for Appeal are complete records because most of the questions in the JA is
and attachments of certified true copy of answerable by yes or no.
judgment. • If you go immediately to cross exam, all the leading
questions there are deemed waived. So even before
• In the course of presentation of witness, you you undertake the cross, you should made the proper
should respect him/her as individual with manifestation, Your honor, I object to the following
constitutional rights. You should not keep him questions… xxxx”. I moved to strike out the following
longer as she is supposed to. Do not ask him questions #1, # 3, xxx for being leading questions.
question that are irrelevant.
Supposed the court said it remains, what will happen
In criminal case, one of the rights of the accused if you cross exam? You put on record that you object
is the right against self-incrimination. It can be in not striking out the question for being a leading
invoked anytime before or during the time of question.
testimony.
• Leading questions are allowed in certain
• Order of Presentation of Evidence is difference circumstances under the rule:
from Order of Trial. Under Rule 132, you have the 1. Preliminary question – you call the witness. Say:
order of presentation of evidence as against the Mr. W are you the Plaintiff in this case.
order of trial under Rule 30 (Trial). In the latter, (Preparatory only and that is allowed. Laying the
you start with the Plaintiff, Defendant, Co- predicate yet).
defendant, 3th Party, etc. and the last to present 2. Child witness – child must be lead. They are
is the Intervenor (if there is any). presumed to be truthful or not yet capable of
telling lies.
Under Rule 132, when Plaintiff presents, what 3. Adverse witness (kalaban). You don’t have to lay
should be the order? predicate because it is of record. Ex. Defendant -
a) Direct exam you never find cooperation with that kind of
b) Cross-exam witness.
c) Re-direct 4. Hostile/Unwilling Witness – Remember when
d) Re-cross you witness is hostile or unwilling, you have to
• How do you interpose objection? You interpose Supposed documentary evidence. Exhibit A,
objection in the course of the offer, not in the B, C (all the rest not admitted) Say: You put
course of authentication. Remember that it now in writing. Attach it and submit a
authentication consist of three (3) parts: (i) tender of excluded evidence.
marking; (ii) identification during the
pretrial/preliminary conference; (iii) What is the purpose? In case of appeal,
authentication proper in the course of trial. those evidence not admitted may be
appreciated by the appellate court
You should not make any objection especially if important/crucial.
there,that will be premature.
The time to object should be at the time of Weight and Sufficiency of Evidence
offer.
Premise: admissibility vs. credibility. It is
• When do you object in the course of the trial? two different thing
During testimonial evidence. This is what you
call oral objection which must be ruled upon • Admissibility of evidence – matter of law.
immediately by the court. Pag pinalampas mo • Weight and sufficiency/credibility – matter
yan during trial, there is a waiver. So right there of perception/judicial evaluation.
in there, you object. Weight – quantum of evidence defends on
the following kinds of evidence
What are the kinds of objection? 1. Overwhelming evidence – highest; any
1. Substantial Objection – violative of the best evidence which is beyond controversy;
evidence rule, parole evidence. conclusive; cannot be controverted
2. Formal Objection – ex. objection to leading 2. Proof beyond reasonable doubt –
question which goes to form only (applies in criminal cases) the quantum
3. Both formal and substantial of evidence which produces in an
unprejudiced mind a conviction of
Other objections: truth. You are convince that something
really happens. It may be doubtful but
Broad side objection – general objection to an unprejudiced mind, it produces
that you do not state anymore the grounds conviction. No absolute certainty,
because it is understood usually in the moral certainty or a mind that is
ground of irrelevancy and competency of impartial. No remorse of conscience. If
evidence. you doubt, you acquit.
3. Clear and convincing evidence –
Continuing objection – you objected to the quantum of evidence lower than proof
line of questioning but yet the proponent beyond reasonable doubt but higher
continues the same way of asking than preponderance of evidence (used
questions. SO instead of always standing up in (i) labor cases; (ii) establish forgery;
and making objection, you make a (iii) overturn disputable presumption;
manifestation of continuing objection so (iv) when the accused interposed
that it will be properly recorded. affirmative defenses)
4. Preponderance of evidence – (applies
Tender of excluded evidence in civil cases) more weighty/heavy than
the other.
Asked in the bar: What is proffer of
evidence? To what kind of evidence does Equiposed Doctrine – evidence for
this apply? To all kind whether testimonial. both parties are on equilibrium.
Ex. My next witness is Mr. X. After he took How do you determine which is
the witness stand, the adverse party stood heavier? Ans. Not only by number
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because even if only one but it can
convict. There are lot of MARITAL DISQUALIFICATION MARITAL PRIVILEGED
considerations. RULE COMMUNICATION RULE
(MDR) (MPCR)
5. Substantial evidence – quantum of APPLICABILITY
evidence required only in only during the existence of 1. Husband and wife -
administrative cases; lower than the marriage continues even if the
preponderance marriage has been
dissolved
6. Probable cause – quantum of evidence
consisting of several facts and GR: Marital Disqualification
circumstances known to the person to XPN:
arrive at the probability that the person 1. If husband and wife have no commonality of interest
charged is probably guilty thereof • Alvarez vs. Ramirez - being separated-in-
(hindi impossibility). Used in fact, there is no commonality of interest to
(i) preliminary investigation; and (ii) protect marital rights
preliminary examination (issuance of • People vs. Judge Castaneda - subject matter
warrant of arrest) is conjugal property, when the husband
falsify the signature of the wife, he is doing
7. Prima Facie evidence – quantum which it against the wife
becomes conclusive; not controverted 2. Great temptation to PERJURY
8. Iota of Evidence – cannot convict. Must BAR MATTER: based on Alvarez vs. Ramirez case (2005
be understood with circumstantial or 2006 BAR)
evidence – consist of several Q: Why does the MARITAL PRIVILEGED
facts/circumstances in order for it to COMMUNICATION RULE disqualification subsist even
convict, there must be more than one after the marriage has been dissolved?
circumstances; and it should be A: It is because the knowledge of the spouse, which may
brought together to lead a conclusion. have been gotten during the marriage being privileged,
remains to be protected. It is not anymore the marriage,
itself, which is to be protected, but rather the privileged
Disqualifications communication.
Rule 130, Section 20
Rule 130 - Bulk/meat/substance of evidence Unlike in MDR, after the marriage has been dissolved, the
Qualifications of a witness may be summarized in the following disqualification no longer exists.
(coded in “one who can perceive and perceiving, can make known
his perception”) Alvarez vs. Ramirez
-ability to observe A case between husband and wife, who were separated-
-ability to recall or remember what you have observed in-fact. The wife left the conjugal home and live with her
-ability to communicate sister. One day, the house of the wife’s sister got burned
Disqualifications and the suspect, and in fact the one who was charged,
1. The immature person - one who is mentally challenged was the husband. In the course of the proceeding, when
(mental sanity according to the Rule) he was charged for arson, the estranged wife was called
Children are deemed to be immature, but for purposes of the upon to testify. The adverse party objected to the
evidence, under the present dispensation, children, now, are testimony of the wife on the ground of MARITAL
deemed competent. They are PRESUMED competent, so that DISQUALIFICATION RULE and this was sustained until it
if a question on competency of a witness child is raised, the was brought up to the Supreme Court.
Court has the obligation to undertake COMPETENCY TEST.
COMPETENCY TEST must be undertaken in the presence of ISSUE: Is the Marital Disqualification Rule applicable in
the judge. This is in connection with the rule on the this instance?
examination of Child Witness. It was previously emphasized
the SEXUAL ABUSE SHIELD RULE and the section 6 of the HELD: No. The wife is no longer disqualified. She could
competency test testify. Since the marriage is not dissolve for only being
2. Section 22 - MARITAL DISQUALIFICATION RULE (BAR separated-in-fact, the Marital Disqualification Rule,
MATTER) according to the SC, will not apply in this case for the
WHENEVER this disqualification is raised, the confusion commonality of interest between the husband and the
lies on distinguishing this disqualification from MARITAL wife no longer holds.
PRIVILEGED COMMUNICATION RULE, which is another
disqualification. So at the outset, you must know the One of the purposes why the husband or wife is
distinction between MDR from the MPCR. To underscore disqualified to testify during the marriage is because of
the distinctions, emphasize on the word PRIVILEGED. the (1) common interest to protect their marital rights.
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In this case, being separated-in-fact, there is no more A: No because IT IS NEVER INTENDED TO BE PRIVATE.
marital rights to be protected.
Why is there an importance to know whether the action or the Original jurisdiction is the power of the court to entertain actual
specific place mentioned in the problem. controversy brought at the first instance. All courts have original
jurisdiction. [Di lang kasama yung Sharia kasi pinaexclude natin
BAR 2006. Estate of a decedent worth Php 200,000.00 Which yun. Ang SC meron yan.] Any disposition of these original actions
court has jurisdiction? Where is the Venue? Pampanga. is in the form of a judgment or decision. If it is a judgment,
therefore, that is appealable. [So if you are asked what is your
Answer 1. Because it is outside of Metro Manila and it does not basis? Kasi sa lahat ng sasagutin natin dun sa problem dapat
exceed Php 300,000, MTC has jurisdiction. meron kang basehan. Bar Examination again as I have been telling
before to my students, is a matter of impression. You need to
Answer 2. Rule 73. (1) the actual residence of the decedent at the impress the examiner that the one writing the answer is already
time of the death; or, (2) if he is outside of the Philippines, where fit to become a member of the Bar. Kaya iingatan ninyo ang
his estate may be found. pagsusulat ninyo. Yung presentation. Yung margin. Yung sulat sa
babae wala tayong problema. Dun sa lalaki may problema. Minsan
There is an amendment in 2016. If we talk of sum of money, all caps pa yan. Hindi pwede po yun. You should know the
regularly that is 300,000 if that is outside of Metro Manila; paragraphing. Dapat malinis. Even though, your answer is
400,000, if it is within Metro Manila. If you exceed, therefore that incorrect. If you presented your answer in such a way that would
is RTC; if you don’t exceed, therefore that is MTC. sway the mind of the examiner, then you will be given a point. Di
ho ako nagbibiro. So again, it is a matter of impression. ]
There is an amendment as far as small claims. Ordinarily, on 2008,
that is only to Php 100,000. Now, it was raised to Php 200,000. Rules of Court
Payment of money or Reinvestment of money for the amount Php
200,000; that is, regardless, whether it is within or without Metro I will not discuss the Rules by according to the Rules. I cannot do
Manila. So that is MTC or MCTC as the case may be. that because Bar Examination is a mixture of provisions.
The Revised Rules on Small Claims, 2016. Consider also the Venue. Rule 1. Distinctions of three actions. Criminal, Civil & Special
If the defendant is engaged in financial business or lending Proceedings.
business, and he has a branch in another place where the
defendant is residing, then that is the venue. That may be the Civil action is an action or a suit filed before the court for the
venue of the action. For example, he is residing in Bacolod, and enforcement and protection of a right, or prevention or redress of
a wrong. Whereas, criminal proceedings is a proceeding whereby
the plaintiff has a branch office in Bacolod, you can file in Bacolod,
even if your principal office is in Manila. the State prosecutes a person for acts or omission in violation of
penal laws. Special proceedings is a proceeding in order to
Delegated Jurisdiction establish a particular fact, status or a right. [Lahat po ng
proceedings that need to iestablish a particular fact, status or a
In Land Registration or Cadastral cases, originally it is within the right is a special proceeding.]
original jurisdiction of the RTC. But the same may be delegated by
the SC pursuant to its power. Now, what are the instances wherein
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BAR 2008. Is a petition for presumptive death a special proceeding. Pero, ang naniningil dalawa. Hindi ka nabayad ng upa. Para
[1 point. Eh 1 point lang pala yan eh. Bakit babanggitin mo pa? perwisyohin ka ng mayari. Nagfile ng sum of money. Nagfile ng
Lahat ng point sa BAR importante. If your focus now is to get a ejectment. Bawal po yun. Isa lang dapat. Because there is only one
grade of 90 in Remedial Law; one thing, I can tell you, you will be cause of action splitting to two. That is not allowed. Now my
a lawyer next year. Would that be impossible? The answer is No. question is? Can there be a motu proprio dismissal of an action
It is up to you. So your mind setting now is not only to pass or get based on splitting of causes of action. Diba? That is a possible
a grade of seventy five. If you fall short, then you fail. Wag mo na question. Either direct question or in the form of a problem.
ipagyayabang sa katabi mo na magaling ka, 90 ka, hindi, within Pwede ba? The answer is Yes. If that is based on litis pendencia, or
yourself. And, that is my focus 90. When I was reviewing like you barred by prior judgment, anu ang magiging basis mo sa
before, I had the difficulty of papano ba to ang hirap intindihin, pagdiscuss ng sagot mo? You have Sec. 1 of Rule 9. Pagtinanong
and then your Rules of Court, hindi ka pa nakakatatlong Rules, ang motu proprio dismissal. There are four grounds available
tulog ka na. Ang gagawin mo tatayo ka, magyoyosi ka, ibibitin mo there. (1) Lack of jurisdiction over the subject matter of the action.
yung ulo mo sa kama. Magyoyosi ka. Iinom ka. Manunuod ka. (2) The other one is litis pendencia, (3) barred by prior judgment.
Makakatulog ka. Lalo na sa Modes of Discoveries. Tama, mali? Lalo (4) And, therefore, the other one is prescription.
na dun sa Special Proceedings. Paglumagpas na ng 77; except 86
and 87, tulog ka na. Diba? Kasi boring yun. Now you have to know Pagtinanong sa Inyo yun. Wag nyo ilalagay ang res judicata.
it by heart. And, you should know how to correlate one provision Because there are two aspects of res judicata: (1) One is barred by
to the other. Otherwise, you will get lost.] prior judgment. (2) The other one is conclusiveness of judgment.
What is stated there is only barred by prior judgment; never the
Duon sa distinctions. May parties in civil actions. There are two conclusiveness. So If you answer the question, yun and magiging
parties involved. Plaintiff, defendant. And then, in criminal, it basehan mo. Papano mangyayari yun? Problem. Nagdalawang
depends. If the case is already filed before the court, we have the kaso, pending yung isa, nag file uli inisplit nya. Ano ang inyong
plaintiff, or the State, or the accused. If it is for purposes of remedyo? O ang tanong ay, the Court immediately dismissed the
preliminary investigation, you have two parties there. One is the case outright. Is the dismissal of the court valid? Diba? Can there
complainant. The other one is the respondent. Now, in special be motu proprio dismissal? The answer is Yes. Because litis
proceedings, it is as a general rule, non-adversarial; except, when pendencia and barred by prior judgment is a ground for motu
there is an oppositor to your petition. proprio dismissal under Sec. 1 of Rule 9. Tingnan nyo po yun.
Markahan nyo yun. So that is, splitting of causes of action.
So, how do you commence a civil action? In three ways, (1) one is
by complaint. (2) The other one is by way of a petition. (3) The Joinder of Causes of Action.
other one is by way of a verified statement of claims, in case of
small claims. Criminal, how do you commence? You can read it Actually, tinanong yung last paragraph; yung Totality Rule. If you
under Sec. 1 of Rule 110. By way of complaint, affidavit complaint, joined a cause of action which means you are complying with the
if there is a necessity of preliminary investigation; or criminal provisions under Sec. 5 of Rule 2. It must comply with the Rules on
complaint directly filed with the court the MTC or MCTC; and then joinder of parties. Yung second is important. It must not include
we have the criminal information. In special proceedings, that is or involve special civil actions or actions governed by special rules.
by way of petition. So pagtiningnan mo dun sa problem. Isa dun ay special civil action.
Then there can be no joinder of causes of action. A sum of money
Now in civil. What is the basis of civil action? That is based on a cannot be joined with foreclosure; because that is a special civil
cause of action. In criminal, the acts or omission in violation of action. Tinanong na po yung 2nd paragraph sa BAR exam. Nilagyan
penal laws. In special proceeding, the particular fact, status or ka ng set of causes of action; jinojoin in one complaint; tama ba
right that is sought to be established. [Kasi may examiner na yun? How would you answer the question? You are going to
nagbibigay ng tanong, ayaw ipasagot yung tanong. Last year, diba discuss all the requisites. Hindi mo na kailangan discuss yun. I
may tanong. Anu nga bang tanong dyan. Jason clause. Hindi mo discuss mo lang yung 2nd paragraph. Under the 2nd paragraph of
makikita yun, unless yung reviewer binangit sa inyo. What is Sec. 5 of Rule 2, it is expressly stated that it must not involve
Defasage in civil law. Mahirap tingnan. Diba? Mahirap intindihin. special civil actions or actions governed by special rules. Since the
Saan mo kukunin, unless nakita mo yung nabasa mo yun sa isang foreclosure proceedings is a special civil action that is prohibited;
book. Diba? Pasensya na kayo, wala na akong boses. Kasi nagklase therefore, that is, not allowed. So may basis ka na. Sinagot mo ng
ako kanina. Mula 10 hanggang 3. So wala akong boses. Pasensya diretso. Wala ka nang problema. Maigsi.
na kayo.]
Do not answer the question more than one page.
Rule 2. [Dalawa ang titingnan nyo dyan. One is splitting causes of
action. One cause of action divided into several action that is what What is the distinction of lack of cause of action and failure to
we call splitting and that is not allowed. What are the effects of state a cause of action? There are two different things.
this splitting of causes of action? It may result to litis pendencia.
When a case was filed either simultaneously or successively, when If we talk of failure to state a cause of action that is a ground for a
one case is still pending; therefore, that is litis pendencia right? Or, motion to dismiss under Rule 16., Section 1.
when one of the cases is already decided with finality. That is
barred by prior judgment. Diba? So, abangan nyo po yun. Paano If it is based on lack of cause of action, that is a ground for
tinatanong yun sa BAR? In the form of a problem. Take for demurrer to evidence under Rule 33, Section 1.
example you are, naguupa ka ng bahay. Meron, ikaw ay umuupa.
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Lack of cause of action is different from failure to state a cause of costs, attorney’s fees and cost of interest. So that provision must
action. also be correlated with the provision of BP 129, as amended.
If the motion to dismiss is denied based on failure to state a cause Real parties in interest. Who are real parties in interest? In order
of action, what is your remedy? In case of denial of the motion to to have a complete determination of the case, then action must
dismiss, what would be your remedy? File responsive pleading. be prosecuted or defended in the name of the real parties in
Based not only on the provisions of Rule 11 but based also on interest.
existing jurisprudence. If you will encounter the same again in the
form of a problem. File the responsive pleading or the answer Make sure the case is filed by or against the real parties in interest.
within the balance in which the defendant is entitled to but in no If he is not real parties in interest, what would be your remedy?
case less than five days. Raise the ground of the motion to dismiss Motion to dismiss based on failure to state a cause of action. So
as an affirmative defense. Proceed with the trial. In case of Sec.2, Rule 2 have correlation with Rule 16, Sec. 1. Failure to state
adverse decision, you appeal and assign the denial as one of the a cause of action.
errors unless the denial is tainted with grave abuse of discretion
amounting to lack or in excess of jurisdiction, then petition for Alternative defendants. If the plaintiff is not sure as to who among
certiorari is a remedy under Rule 65. With that kind of framing of the defendants will be liable, he may implead all the defendants.
the answer, then out of five or out of three, you will get three. Do A as against B, C, D, and E.
not settle for less. Make sure your answer will impress the
examiner. The one who will read your answer must be satisfied Sec. 12. Class Suit. The most important element of class suit is the
not you always. first paragraph. That the subject of the case is of common or
general interest.
If the demurrer to evidence is denied, therefore, your remedy is
defendant may present evidence. If based on failure to state a Yung daanan sa may Laguna sinarado. Nagkaroon ng excavation.
cause of action, the motion to dismiss is granted, what is your Walang makanaan ngayon. So hindi ka makakadaan pababa ng
remedy on the part of the plaintiff? Failure to state a cause of Maynila. Yung mag Barangay dun hindi makadaan. So what they
action, that is without prejudice. Can you amend? Two remedies. did is to file an action before the court. Then the barangays, yung
(1) Refile Sec. 5, Rule 16 except FHI which will bar the refiling of adjoining barangays nagfile din, nag intervene. Is the class suit
the action; all other grounds is without prejudice; (2) Amend in proper? Yes, because the subject matter of the action is common
order to state a cause of action. You can amend even if there is an of all the parties who are numerous and impracticable to bring
order of dismissal provided that is not yet final and executory. If it them all to court. What is there common general interest? Their
is after, therefore, you cannot amend anymore. Why? Because the right to passage on the highway is impaired. In class suit, the
case has already been dismissed with finality. elements will not be asked. You should know the elements to be
applied in the problem. That the subject involves common or
So amendment is a remedy before the finality of the order of general interest among many parties who are impracticable to
dismissal. bring them all before the court and there is a sufficient number in
representation of the others who will protect the benefits or rights
So if you will be asked in the form of a problem. Look closely of the other parties involved.
whether final or not. If not yet final, two answer. (1) To refile. (2)
Amendment. Why? Because a motion to dismiss is not a Class suit is different from Derivative suit.
responsive pleading. Order of dismissal not yet final, you can
amend as a matter of right under Sec. 1, Rule 10. A class suit is a form of a representative party. Executor,
administrator, attorney’s in fact and that is also representative.
For purposes of making a distinction, if the demurrer to evidence
is granted, therefore, that is a final order. Therefore, appealable. A derivative suit is also a representative party. Minority
Rule 33 has a connection with Section 1 of Rule 41. Since it is a stockholders filing an action for and on behalf of the corporation
final order as provided for under Section 1 of Rule 41, it is due to their inaction. That is derivative. BAR 2005.
appealable because it is expressly stated there. Judgments, final
orders are all appealable. So you have Rule 33 and Sec 1, Rule 4, What is a citizen’s suit? Rules on Environmental Cases. Can it be
therefore, that is quite convincing. You cannot just say this and filed by a foreigner? No, because by express definition given by
that without any basis at all. the Rules; It is a suit filed by any Filipino citizen for and on behalf
of the others generations yet unborn or minor for the protection
If one of the causes of action falls under the jurisdiction of the RTC, and enforcement of environmental laws, rules and regulations.
then that is allowed. If the joint causes of action is to be joined,
consist of sum of money. So 100, 100, 100, etc. The aggregate Citizen’s suit. Derivative suit. Distinguished. Sec. 3, 12. Death of a
amount will be the test of jurisdiction. If that is a sum of money party in a civil action. Sec. 16 has a relation to Sec. 20 and Sec. 1
that is in relation to the provision of BP 129 exclusive of damages, of Rule 87. In case of death of a party, the counsel within thirty
days must inform the court and shall effect substitution of heirs.
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Because the action survives the death of the party. And, one of Mixed. No option.
which is Sec. 20 of Rule 3. Action that survives the death, action
for the recovery of sum of money arising from contract, express How would you determine whether the action placed in the
or implied, after the death of a party shall continue until its final question is real, personal or mixed? What is mixed? Both, where
judgment but the enforcement shall be made on the estate of the the property is located.
decedent under Rule 86. So all actions for recovery for sum of
money arising from contract, express or implied, if there is death, If you will be the counsel for the defendant, and there is improper
there is substitution, the action will survive. There will be venue, what is your remedy? Motion to dismiss based on venue is
substitution of heirs. How would you claim against the estate? So improperly laid. Sec. 1, Rule 16.
you go back to the provision of Rule 86. By simply presenting the
final entry of judgment before the clerk of court. Then the Clerk of Then what will be your remedy if the case is dismissed? Refile, Sec.
Court will receive it. Copy furnished the executor, administrator 5. So lahat nang sinabi dun makikita mo except FH&I.If you look at
who will be given a chance to file his comment or answer. And, FH&I, nandyan ang barred by prior judgment, prescription, paid,
then it will be submitted to the court for disposition. So if the court waived or abandoned otherwise extinguish the claim or statute of
say granted, the order granting the same is again a final order; fraud, unenforceable. Kasama po dyan ang litis pendencia.
therefore, appealable. Sec. 9 or Sec. 13. So Sec. 20 has a relation
to Rule 86. On how to present your claim. What is the doctrine of exclusivity of venue. Jurisprudence 2015.
Parang unlawful detainer yung nandun. The doctrine of exclusivity
What are the actions that survives the death? of venue will only apply if there is a valid binding agreement.The
agreement was executed prior to the commencement of the
(1)Sec. 20 of Rule 3. In addition to that, Sec. 1 of Rule 87. Recovery action. And, there must be an express provision in the contract.
of real or personal properties; enforcement of a lien; damages But if there is a question as to the contract itself. Its existence, the
arising from the injury, etc. Funeral expenses. So kung genuineness. If for example the signature there was forged,
nakaisolate lang yan, papaano mo sila pagdidikitin? Therefore, finilelan ka ng kaso, then sa venue na nakalagay dun, can you
there will be continuity of actions. enforce the terms of the agreement as to the exclusive venue?
(2) Yun yung tanong dun eh. NO. Because the doctrine will only apply
if there is a valid binding agreement. Yung isang party sa kasong
What is the Constitutional Basis of Indigent Sec. 21? Sec. 11 of Art. yun, nasa Singapore, nagkaroon ng pirma, so there is a forgery in
III. Free access to court. the contract, finile ng plaintiff duon sa place nakalagay sa contract.
Nagfile ngayon ng motion to dismiss based on improper venue.
BAR 1991. What is the writ of amparo?(1 point) What is the hanggang umakyat duon sa Supreme Court. SC held that there
Constitutional Basis? (2 points) should be a valid agreement.
What is the Constitutional Basis of Writ of Kalikasan? Is there a motu proprio dismissal based on improper venue? NO
because it is not one of those mentioned Sec. 1, Rule 9. Exception:
Marami yan. One is Sec. 5, par. 5 of Art. 8. The power to (1) Summary (2) Small Claims. Considering the case falls under the
promulgate rules. Rules on Summary Proceedings, there is such a thing as motu
proprio dismissal. Sec. 4, Rules on Summary Proceedings. Sec. 11,
Habeas corpus is a form of amparo. That is what we call amparo Rules on Small Claims. After the court determines that the case
libertad. falls under summary or small claims and upon examination of the
allegations on the complaint and the evidence attached
Pwede syang lumabas provided meron syang relation sa Syllabus. therewith, the court may immediately dismiss the case based on
Umiksi ng 25 pages yung Syllabus. any of the grounds for the dismissal of the action under the Rules.
So therefore that is motu proprio. In addition to Sec. 1, Rule 9,
RULE 4. VENUE. include (1) summary, and (2) small claims. It will be asked by
problem. Hypothetical question.
Venue place where the case shall be instituted, heard and tried.
Venue is only for purposes of convenience. If the question is venue Defendant who is temporarily out of the Philippines. Where is the
except special proceedings and criminal case. If civil, Real, venue?Where the property is located.
personal, mixed. Not in personam, not in rem, not quasi in rem.
Rule 5. Wala yan.
Real action. Where the property is located or where any portion
thereof is situated. All actions involving title to, possession, or RULE 6. PLEADINGS.
interest over those enumerated under Art. 415 of the New Civil
Code. Because there are properties bounded by two cities or Sec 12 or Sec. 13. Bringing in of new parties. If the court will
municipalities. determine that there will be no complete relief that will be
granted as far as the cross-claim or counterclaim is concerned. The
If it is personal. That is involving privity of contract. Involving court may allow the bringing in of new parties.
personal properties or damages. Residence of plaintiff or
defendant at the option of the plaintiff. Pleadings. Distinction between permissive and compulsory.
What are the pleadings that should be verified? BAR twice. All What are the initiatory pleadings? Original Complaint. Permissive.
initiatory pleadings verified. Compulsory. Cross-claim. Third-Party Complaint. Fourth-Party
Complaint. Complaint-In-Intervention. Then we have verified
Responsive pleading does it require verification? As a general rule, Statement of Claims. Lahat nang complaint and petitions under
No; except, when the law or the rules otherwise requires. the Rules on Special Civil Actions. Lahat nang petitions under the
Rules on Special Proceedings. Ilagay mo na rin yung dalawang
What are the responsive pleadings that should be verified or under special civil actions writ of kalikasan and continuing mandamus.
oath under the Rules? An answer to the allegation of actionable With all of that you can have forty all in all. That is quite impressive
document under Sec. 8, Rule 8. It should be verified; except (1) if already. Ubos ang oras mo.
the person or party filing the answer is not a party to the
actionable document; [It will be given in the form of a problem; If Yung cross-claim hindi itatanong.
not a party to the contract, then need not be verified; If a party,
then it should be verified (2) failure or refusal to comply with the Distinction of counterclaim and cross-claim. (Malabo yun hindi
order of production. masyadong napapansin yun.)
What is an actionable document? An actionable document is a PARTS OF THE PLEADINGS. Babantayan ninyo yung Verification.
document which is the basis of the plaintiff’s filing of the action or Yung Forum Shopping. Sec. 5, Rule 7. Verification. This is the
the claim. Example: promissory note, deed of sale, chattel written sworn attestation of the parties that he has read the
mortgage, etc. If the complaint is based on an actionable allegation or allegations in the pleading that it is true and correct
document; therefore, it must be under oath. If there is an answer based on his personal knowledge or authentic records. Diniscuss
to the allegation of usury; that must be under oath. All answers na natin lahat ng pleadings na may verification. Right?
under the Rules on Summary Proceedings as provided for under
Sec. 3. Answer to the original complaint. Answer to the Now, what is the effect of failure to verify? It may be considered
Compulsory. Answer to the Cross. Under the Rules on Summary. by the court as an unsigned pleading or the court may allow
Answer to written interrogatories under Rule 25 must be under amendment or verification of the pleading except those pleadings
oath. Answer to written request for admission under Rule 26 must filed before the appellate courts. You cannot do that.
be under oath.
Verification is only formal requirement. It is not jurisdictional.
How is interrogatories to parties given under Rule 25. Purpose. To
illicit material relevant facts. If you failed to have it under oath, Sec. 5. Certification or Acts of Forum Shopping. One act of forum
deemed admitted are all the facts stated therein. Therefore, if it is shopping. One certification against forum shopping. But the title
deemed admitted. You may file a motion for judgment on the heading is certification. It the middle forum shopping is placed.
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Let’s define forum shopping or acts of forum shopping. Acts of Is a Jurat a part of a pleading? You know what is a Jurat. Diba sa
forum shopping are different from the certification against forum Affidavit may nakalagay.
shopping. One is an act the other one is an affidavit. The acts are
prohibited. The certification is a condition precedent. And all Is a Jurat a part of a pleading? As a general rule, a Jurat is not a
initiatory pleadings. All initiatory pleadings have certification part of a pleading unless the pleading should be verified or shall
against forum shopping. contain an affidavit of certification against forum shopping then it
becomes forms part of the pleading. Because you cannot have an
An act of forum shopping is an act of malpractice committed by a affidavit without a Jurat.
party to the action by filing multiple suits before different courts
either successively or simultaneously involving the same parties, Is a Bill of Particulars a part of a pleading? Sec. 6, Rule 12. A Bill of
same cause of action, asking for the same relief and for the Particulars is or forms part of a pleading. So if a Bill of Particulars
purpose of securing a favorable judgment. has been filed, it forms part of the pleading. Because it clarifies
the ambiguities in the pleading.
If what is asked is what are the requisites of forum shopping, all
you have to do is to dissect the definition. You can answer two Is a Bill of Particulars a part of a complaint or information? Motion
questions at the same time. So it is an act of malpractice for Bill of Particulars is different from Bill of Particulars. A motion
committed by the parties filing multiple suits before different is an application. The other one is a more definite statement. So
courts either simultaneously or successively. Take note, it must anu yung part ng pleading, yung more definite statement.
involve same parties, same cause of action, same relief. And, the
purpose is merely to secure a favorable judgment. RULE 8. Actionable Document.
Yung iba nagkakamali, same parties, same issues, same subject RULE 9. Objections or defenses not raised, then it is deemed
matter. Hindi po yun, cause of action nakalagay dun. waived except the four. So the ground there provided for under
Sec. 1, Rule 9 are the exception to the Omnibus Motion Rule. Sec.
2015 case. Reconveyance. Then nagkaroon ng decision umabot sa 8, Rule 15 that is in correlation with Sec. 1, Rule 9.
Supreme Court. Then after the SC, judgment become final and
executory. Lahat ng remedies inavail. Nagkaroon ngayon ng What is an Omnibus Motion Rule? It is a Rule which provides that
execution. Nagfile ng motion for execution. Ngayon and execution motion attacking a pleading, judgment, orders, or proceeding
naman ang sinabject yung petition for certiorari before the higher must contain all available objections at the time of its filing;
courts. Tanong, meron bang forum shopping dun. Wala. Bakit? otherwise, it is deemed waived except Sec.1, Rule 9.
Not the same cause of action.
Lack of Jurisdiction.
Ways of committing forum shopping. Litis pendencia.
So if the service of summons is not valid; therefore, defendant If interlocutory, it is not appealable under Sec. 1, Rule 41. No
need not answer. The court did not acquire jurisdiction over his appeal may be taken from an interlocutory order. So considering
person. It is upon motion in writing. that the order of default does not disposes of the action in its
entirety and leaves something to be done by the trial court that is
Can there be motu proprio declaration of default? General rule, interlocutory; that is not appealable.
No. Because under Rule 9. It must be in writing. But take note of So what is your remedy if there is an order of default? Since the
Sec. 2 on Environmental Cases. Failure on the part of the order of default is interlocutory and not appealable; certiorari is
defendant to file an answer. The court may outrightly declare the the remedy. Rule 65. There are only three remedies under Rule
defendant in default. That is a motu proprio declaration of default. 65. Petition for certiorari. Prohibition. Mandamus. You cannot use
Take note of Sec. 15. mandamus because you are not ordering the performance of an
act. You cannot use Prohibition because you are not prohibiting
What is Precautionary Principle? BAR 2014 the performance of an act. You are trying to annul the order;
Kalikasan, Continuing Mandamus, SLAP. therefore, that is certiorari. So if you answer the question make
Strategic Lawsuit Against Participation. It is an action whether sure that you have a reference or a basis. Since an order of default
civil, criminal, administrative, filed against an individual. Officer, is an interlocutory order, and not appealable under Sec. 1, Rule
government officer, or government units who has initiated an 41, and as provided for under Sec. the special civil action is the
action for the enforcement and protection of environment for the remedy; therefore, 65 petition for certiorari is proper remedy.
purpose of harassing, vexing, annoying, etc.
No Order of Default.
It is a countercharge. Para magkaruon tayo ng idea kung anu yon.
So nag file ang individual ng kaso for the enforcement of (1)Annulment.
environmental laws, rules and regulations. Yung dinemanda (2)Declaration of Nullity.
nagdemanda din. Either civil, administrative, or criminal to vex. (3)Legal Separation.
(4)Summary Proceedings.
If that is a civil case, you can file an Answer raise the SLAP as an (5)Small Claims Case. And,
affirmative defense. (6)Environmental Cases. Together with Amparo and Data.
But in criminal, it is different. You can file a motion to dismiss Judgment by Default.
based on the ground of SLAP.
Judgment rendered by the court following the order of default
What then would be the quantum of evidence? based on the presentation of evidence ex parte by the plaintiff.
The one against whom the SLAP was filed. The burden or the If there is a judgment of default, what is your remedy?
quantum of evidence is merely substantial. But the one who filed
the SLAP, then the quantum of evidence is preponderance. Ito What are the possible remedy or remedies in case of Judgment by
lang ang isa sa mga judicial proceedings na ang burden ay Default? (General Question) So you have to determine before
substantial at preponderance. after finality of judgment. Motion for Reconsideration or New Trial
under Rule 37. And after finality, we have Rule 38, Petition for
May warrantless arrest ba sa environmental rules? Annulment, collateral attack.
Nagtatapon ka ng toxic waste sa may Ayala Bridge. Nakita ka ng In case your Motion for Reconsideration or New Trial has been
police hinuli ka. Would that be a valid warrantless arrest? YES, Sec. denied, what would be your remedy? Ordinarily, you are going to
5, Rule 113. think, judgment that is appealable. But again the judgment by
default was based only on the plaintiffs evidence. So on appeal,
Kung meron order of declaration of default. Two remedies: there is nothing to review by the appellate court except the
(1)Motion to lift order of default under Sec. 3, Rule 9. Verification. evidence of the plaintiff. So if that is the case appeal is not an
Affidavit of Merit on the grounds of extrinsic fraud, accident, adequate speedy remedy. Certiorari is the remedy.
mistake or excusable negligence. Sec. 1, Rule 17, 38, 47. All
have extrinsic fraud.
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So if appeal is not an adequate speedy remedy; certiorari is a
remedy. But mere filing of a petition for certiorari will not stop the What is the remedy? If it is with prejudice, you appeal. If without
running of default, you should temporary restraining order or writ prejudice, you refile.
of injunction.
Paginamend substantially, merong answer yan. You have to file an
The proper answer there is petition for certiorari with temporary answer. Would your answer in the original complaint; would be
restraining order or writ of injunction. your answer in the amended? You have to file your answer to the
amended complaint; otherwise, you will be declared in default
What is a Single Motion Rule? also.
There will be only one Motion for Reconsideration that can be RULE 11. WHEN TO FILE RESPONSIVE PLEADINGS.
filed under the Rules; except when there is special compelling Periods lang yan.
reasons and only by the Supreme Court. So if the case is with the
SC, you may be allowed with leave of court. Ilagay mo na sa Rule RULE 12. BILL OF PARTICULARS
37, 32. Intracorporate dispute under the Securities Regulation Code.
Nagfile ng complaint may ambiguity; therefore, nag file ng motion
What is Berry Rule. for bill of particulars, that is prohibited under the Rules.
Motion for New Trial on the ground of newly discovered evidence. If the motion for bill of particulars is denied, what is your remedy?
Ginamit sa criminal case under Rule 121. Pwede rin dyan sa Rule File responsive pleading within the balance to which he is entitled
37. to but in no case less than five days.
Now, if you use motion for reconsideration Rule 37, that only Iba po ang motion for bill of particulars sa bill of particulars.
covers judgments, orders or resolutions. Di kasama ang
interlocutory order dyan. So if that is interlocutory in character. RULE 13. FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND
Hindi po Rule 37 ang gamit don. Sec. 4, Rule 65, with relation to OTHER PAPERS
Rule 37. So impress the examiner, that is preparatory to the filing
of a petition for certiorari before the appellate court for purposes Lis pendens. Sec. 14, Rule 13. Nagaapply lang ang lis pendens, if
of review. the action that was filed action involving title to, possession, or
interest over a real property. Nauuna ang action bago ang lis
RULE 10. Amendments. pendens.
BAR 2005. Amendment to confer Jurisdiction before filing of If your lis pendens is denied, what is your remedy? Appeal five
responsive pleading is allowed. days. Sec. 117, Land Registration Authority. Pag denied by LRA,
petition for review under Rule 43. Sa Court of Appeals, fifteen
In case of service of summons, may service of summons ba kapag days.
may amendment? No, tingnan mo if the court has already
acquired jurisdiction over the defending party. There is already What is the remedy if the decision of the RTC, Special Commercial
acquisition of jurisdiction, no need of summons. Otherwise, you Court, violation of Intellectual Property Code? That is Rule 43 not
have to serve summons. Rule 41. Nabasa nyo na ba ang Rules sa Intellectual Property
Cases? Rule 43 po yun. Petition for review fifteen days.
Distinction. Amendment. Supplemental.
Is lis pendens the same with litis pendencia?
Amendment is the changing, omitting, allegations etc.
Supplemental is to supplant, supplement. Amendment is either a Auter action pendant. That is litis pendencia.
matter or right or a matter of discretion. Supplemental is always
with leave of court. NO. Lis pendens is notice or annotated at the back of the title
before the Register of Deeds were the property is located. That is
Amendment to conform to or authorize presentation of evidence. a ground for Motion to Dismiss. Notice of lis pendens is filed
Tandaan. Issues not raised in the pleadings tried by both parties before the office of the Register of Deeds. Motion to Dismiss on
with their express or implied consent, the court may allow the the basis of litis pendencia is filed before the court.
amendment of the pleadings in order to conform to the evidence
presented. Pero kung walang amendment, as if the issue will RULE 14. SUMMONS.
stand.
Juridical entities without resident agent in the Philippines
If you file a motion to amend, and the movant because of the busy transacting business duon sa Adm. Matter 1163. How would you
schedule was not able to file the amended pleading. What will serve the summons? (1)Personal.
happen? That may be a ground for the dismissal of the action (2)Through the DFA.
under Sec,. 3, Rule 17, Failure to comply with the order of the (3)We have publication.
court would cause dismissal with prejudice otherwise ordered of (4)Fac simile other electronic means.
the court without prejudice.
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Can you serve summons by fac simile? YES, Adm. Matter 1163. Exclusive po ba ang motion to dismiss? (a) to (j) Condition
precedent yung huling huli dyan.
Sec. 15, Rule 14. Extraterritorial. Any other modes which the court
may deem proper, What are the grounds in which the dismissal is with prejudice?
Markahan nyo na po isa isa because all the rest is without
Service of Summons. The purpose is to acquire jurisdiction over prejudice.
the person of the defending party. In case of action in rem, action
quasi in rem, for purposes of compliance with due process. Ano yung with prejudice? (f) (h) (i) Remedy, appeal Sec. 5.
Personam. In rem. If the motion to dismiss is grounded on the lack of jurisdiction over
the person of the defending party; possible actions of the court,
Personam. Judgment liable parties. either to grant, deny the same or issue alias summons. Because
alias summons can be issued if the original summon has not been
In rem. Binds the whole world. Or yung mga Special Proceedings. duly served.
Ano yung mga quasi in rem proceedings? Foreclosure of Distinction. Rule 16 and Rule 33. Demurrer to Evidence.
mortgage. Attachment.
Kanina diniscuss na natin yan. Motion to Dismiss. Meron isang
The purpose of the summons is only to comply with due process. jurisprudence eh.
Acquisition of the property subject matter of the action. Sinong pwedeng mag grant ng demurrer to evidence?
Sec. 20. Voluntary appearance. Kung ikaw ay nag file any motion, Can an appellate court or courts grant a motion for demurrer to
you appear there without questioning the jurisdiction of the court; evidence?
therefore, that is voluntary submission. If you file a motion for
extension of time; therefore, that is voluntary submission. For May case dyan eh. Sabi ng SC nung 2011. Only the trial court may
example, you file a motion to dismiss questioning the jurisdiction grant demurrer to evidence not appellate courts. That is in civil
of the court that would not be voluntary submission. case.
Can there be service of summons by publication in an action in But different po dun sa criminal, naalala nyo yung kaso ni Gloria
personam? Kasi diba young service of summons in case of actions Macapagal Arroyo, nagkaroon ng Demurrer to Evidence diba?
that is in personam, it’s either personal or substituted. May Then it was denied. Umakyat on certiorari dun sa SC. Una hindi sya
exception dun. Sec. 14, Rule 14. In any action where the identity dumaan don sa proseso ng Hierarchy of Courts. Bakit dun sa SC?
or whereabouts of the defendant is unknown, in any action that There is special and compelling reasons. An exception to hierarchy
includes action in personam. of courts. Second, sabi nila appellate courts cannot grant
demurrer to evidence. So that is a deviation from the the ruling in
RULE 15. MOTIONS civil procedure. Tingnan nyo young Gloria Macapagal Arroyo.
Although that is beyond, still that is within the Syllabus.
Is a letter a motion? As a rule, a letter is not a motion. In order to
be a motion, there must be Sec. 4,5,6, Rule 14. Except in Sec. 3 e RULE 17. DISMISSAL OF ACTIONS.
small claims.
Two dismissal rule. Ano bang requisite ng two dismissal rule? (1)
What is the definition of motion under the Rules on Small Claims? There are two dismissal based on the same parties by a court of
competent jurisdiction. Second dismissal would amount to barred
A request whether oral or written requiring an order or an action by prior judgment. So the second dismissal is a final order of
from the court including informal request or letter. dismissal. So therefore, appeal is the remedy.
Is a letter a motion? Tingnan mo kung ang kaso small claims. Now, Sec. 3. Padilla v. Global Seatic. Pagtiningnan mo young Rules
nag file ng letter ang defendant Dear Judge we request that the without prejudice to the counterclaim raised by the defendant
case be reset to Date because I am suffering from loose bowel which can be prosecuted in the same case in a separate case. With
movement. Lovingly yours defendant. Tingnan mo muna kung yan the advent of the ruling of Global Seatic, the dismissal of the
ay ordinary or small claims. original action causes the dismissal of everything that includes
counterclaim. Your remedy there is to file a separate claim as far
If what is involved is Php 200,000 payment of money or as your counterclaim is concerned. 2014. That is a deviation from
reimbursement of money arising from those enumerated the Rules.
damages, delict, quasi-delict or quasi-contract or contract of
lease, mortgage. That is small claims. That is a motion. Sec. 3 e, RULE 18. PRE-TRIAL
Rules on Small Claims.
Doctrine of non-suited. Failure to appear on the part of the
RULE 16. MOTION TO DISMISS. plaintiff would cause the dismissal of the action with prejudice
unless otherwise ordered by the court without prejudice.
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BAR 2008. One day one witness rule.