Prosecutor Manual

VOLUME 3
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The National Prosecution Service (NPS) sits at the forefront of our country's criminal
justice system. Aside from its duty to investigate and prosecute cases involving
violation of penal laws, it is also mandated to ensure that the delivery of criminal
justice is effective, efficient and equitable. Thus, given these formidable tasks, our
prosecutors deserve to be provided with prudent guidance, support and necessary
work tools in order for them to fulfill their mandates. Moreover, it is equally
important that our prosecution offices observe uniform procedures as the
administration of justice impacts on the rights of people to equal protection of our
laws. And this Manual for Prosecutors is intended to benefit both — our
prosecutors, and the Filipino people.
After the 2008 Prosecutors' Manual was printed, a lot has changed in the arena of
criminal law and procedure - various special penal laws were enacted, new and
special procedures were issued, and various important jurisprudences had emerged.
It is fervently hoped that all these developments had been addressed in this 2017
Edition of the Manual, which now consists of three (3) separate volumes that are
meant to be a handy reference tool for our prosecutors. Volume I of this Manual
contains the basic principles of criminal procedure from inquest and preliminary
investigations, to petitions for review or appeals including petitions for certiorari, up
to the trial proper. Secondly, the entire Volume II contains the Elements of Crimes
under the Revised Penal Code and some special penal laws, including the important
discussions on some highly technical and emerging areas of criminal law. Finally,
relevant issuances of the Department in the recent past, and sample resolutions,
informations, forms and templates, among others, are included in Volume III.
I commend the Technical Working Group for accomplishing the daunting task of
updating and revising the Prosecutors' Manual. Their zealous dedication and diligent
efforts in the preparation of this significant work tool for our prosecutors are truly
laudable.
May this Manual serve as a constant reminder to all the officials and personnel of
the National Prosecution Service, and perhaps to all justice workers in the country
for that matter, of our mission to harmoniously work together towards a just and
peaceful society. And should this Manual fails at times to address some issues and
situations by reason of its peculiarity, we must remain steadfast on our faithful
compliance to the fundamentals of justice and the rule of law.
All together towards a better DOJ!
VITALIANO'N.
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ACKNOWLEDGMENTS
This 2017 Edition of the Revised Manual for Prosecutors is a product

of a series of consultations, write shops and validation workshops that
involved the assistance and participation of individuals and
institutions whose support and contributions are sincerely appreciated
and gratefully acknowledged.
First, to the following:
The Bureau of International Narcotics and Law Enforcement

Affairs of the Department of State (INL), U.S. Embassy, Manila,
headed by its Director, Brandon Hudspeth, and INL Program
Assistant Atty. Chudney Ngo, for providing funding support for
the production of this Manual;
The International Development Law Organization (IDLO),

through its Senior Program Development Specialist, Mr. Ted Hill,
and IDLO’s Field Program Coordinator, Atty. Cathleen Caga-anan,
which served as INL’s institutional partner in this project;
The American Bar Association-Rule of Law Initiative (ABA-ROLI),

IDLO’s implementing partner, headed by its Country Director, Mr.
Robert La Mont, and his team headed by Senior Program
Manager, Ms. Maria Jane Angela Isabel C. Odulio, and Senior
Legal Adviser, Ms. Genan Zilkha;
Former Prosecutor General Claro A. Arellano who originally

proposed this project;
Former Prosecutor General Victor C. Sepulveda and Acting

Prosecutor General Jorge G. Catalan, Jr., who both lent invaluable
assistance and support to the completion of the project.
The consultant-writers, Atty. Jude Romano, Criminal Law Expert;

Atty. Renato Lopez Jr., , Legal Ethics and Writing Forms Expert;
Atty. Patricia Sison Arroyo, Gender Specialist, Atty. Jose Jesus
Disini, Cybercrime Expert, Atty. Anthony A. Abad, Competition
Expert and Atty. Estela Valdez Sales, Tax Expert, who have greatly
contributed and shared their legal expertise to the successful
development of this Manual.
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Second, to the following, whose active participation and perceptive
observations, suggestions, comments and valuable insights based on
their extensive experiences contributed significantly to the spirited and
fruitful discussions during the consultations and validation sessions
that brought to fore various issues:
SDSP Richard Anthony D. Fadullon - DOJ Proper

OIC-SDSP Emilie Fe M. Delos Santos - DOJ Proper
- DOJ Proper
- DOJ Proper
CP Mari Elvira B. Herrera - OCP- Antipolo City
CP Ferdinand U. Valbuena - OCP- Caloocan City
CP Marylin Cynthia Fatima M. Luang - OCP- Las Piñas City
SACP Alex G. Bagaoisan - OCP- Makati City
CT Rennet D. Evangelista - OCP- Malabon City
SACP Elinore Aquino-Laluces - OCP-Mandaluyong City
DCP Jessica Junsay-Ong - OCP- Manila
CP Jason A. Amante - OCP -Marikina City
- OCP- Muntinlupa City
CP Amerhassan C. Paudac - OCP- Parañaque City
CP Jacinto G. Ang - OCP- Pasig City
DCP Alfredo Agcaoili - OCP- Quezon City
DCP Ireneo M. Quintano - OCP- San Juan City
- OCP- Valenzuela City
- OPP- Rizal
RP Nonnatus Caesar R. Rojas - ORP- Region I
RP Rommel C. Baligod - ORP- Region II
RP Jesus C. Simbulan - ORP- Region III
SARP Josef Albert T. Comilang - ORP- Region IV
- ORP- Region V
ARP Louie L. Doligosa - ORP- Region VI
RP Fernando K. Gubalane - ORP- Region VII
RP Irwin A. Maraya - ORP- Region VIII
RP Peter L. Medalle - ORP- Region IX
ARP Irene A. Meso - ORP- Region X
RP Janet Grace D. Fabrero - ORP- Region XI
DRP Barbara Mae Flores - ORP- Region XI
RP Al P. Calica - ORP -Region XII
RP John S. Magdaraog - ORP- Region XIII
RP Ramy L. Guiling - ORP- ARMM
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Third, to the various Provincial and City Prosecution Offices which
sent in their comments and suggestions for this Manual revision;
Director Ryan Thomas who contributed his ideas in the methodology;
Ms. Marilou Santos of the DOJ Library; Mr. Russel Trasmonte of the
DOJ-Management Information Services, for the cover design of this
Manual; and the law students-trainees who helped in the collation of
these inputs and did research work, namely: Mr. Francis Puno, Ms.
Jennifer Guinanao, Mr. Adrian M. Dela Cruz, Ms. Maria Victoria M.
Castillo, Ms. Kristina Lara and Ms. Angela Sharmaine Rosales.
Fourth, to the members of the Technical Working Group created

pursuant to Department Order No. 605 dated September 14, 2017
whose painstaking determination, dedication and enthusiasm powered
their team effort in consolidating all the materials; presenting the
matrices during the validation session; reviewing and conducting write
shop sessions and editing the final mock-ups of the three (3) volumes
until the completion of this Manual.
Finally, to Undersecretary Antonio T. Kho, Jr., for his guidance and

support to the Technical Working Group.
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CHAPTER I
PERTINENT DOJ
DEPARTMENT ISSUANCES
Revised Manual for Prosecutors Volume 3 2017 Edition 1

2 Revised Manual for Prosecutors Volume 3 2017 Edition
Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department of Justice
Manila
DEPARTMENT CIRCULAR NO.

-98 _
IMPLEMENTING RULES AND REGULATIONS

OF THE ALTERNATIVE DISPUTE RESOLUTION ACT OF 2004
Whereas, pursuant to Section 52 of Republic Act No. 9285, otherwise

known as the "Alternative Dispute Resolution Act of 2004" ("ADR Act"), the
Secretary of Justice is directed to convene a Committee for the formulation of
the appropriate rules and regulations necessary for the implementation of the
ADR Act;
Whereas, the Committee was composed of representatives from the

Department of Justice, the Department of Trade and Industry, the Department
of the Interior and Local Government, the President of the Integrated Bar of
the Philippines, a representative from the arbitration profession, a
representative from the mediation profession and a representative from the
ADR organizations.
Wherefore, the following rules and regulations are hereby adopted as

the Implementing Rules and Regulations of Republic Act No. 9285.
IMPLEMENTING RULES AND REGULATIONS OF THE

AL TERNATIVE DISPUTE RESOLUTION ACT OF 2004
(R.A. No. 9285)
Pursuant to Section 52 of Republic Act No. 9285, otherwise known as the

"Alternative Dispute Resolution Act of 2004" ("ADR Act"), the following Rules and
Regulations (these "Rules") are hereby promulgated to implement the provisions of
the ADR Act:
CHAPTER 1
GENERAL PROVISIONS
RULE 1 - Policy and Application
Article 1.1. Purpose. These Rules are promulgated to prescribe the

procedures and guidelinesfor the implementation of the ADR Act.
Article 1.2. Declaration of Policy. It is the policy of the State:
(a) To promote party autonomy in the resolution of disputes or the freedom

of the parties to make their own arrangements to resolve their disputes;
(b) To encourage and actively promote the use of Alternative Dispute

Resolution ("ADR") as an important means to achieve speedy and
impartial justice and to dec log court dockets;

(c) To provide means for the use of ADR as an efficient tool and an
alternative procedure for the resolution of appropriate cases; and
(d) To enlist active private sector participation in the settlement of disputes

through ADR.
Article 1.3. Exception to the Application of the ADR Act. The provisions of
the ADR Act shall not apply to the resolution or settlement of the following:
(a) labor disputes covered by Presidential Decree No. 442, otherwise known
as the "Labor Code of the Philippines, as amended", and its Implementing
Rules and Regulations;
(b) the civil status of persons;
(c) the validity of marriage;
(d) any ground for legal separation;
(e) the jurisdiction of courts;
(f) future legitime;
(g) criminal liability;
(h) those disputes which by law cannot be compromised; and
(i) disputes referred to court-annexed mediation.
Article 1.4. Electronic Signatures in Global and E-Commerce Act. The

provisions of the Electronic Signatures in Global and E-Commerce Act, and its
Implementing Rules and Regulations shall apply to proceedings contemplated in the
ADR Act.
Article 1.5. Liability of ADR Providers/Practitioners. The ADR

providers/practitioners shall have the same civil liability for acts done in the
performance of their official duties as that of public officers as provided in Section
38(1), Chapter 9, Book I of the Administrative Code of 1987, upon a clear showing of
bad faith, malice or gross negligence.
RULE 2 - Definition of Terms
Article 1.6. Definition of Terms. For purposes of these Rules, the terms
shall be defined as follows:
A. Terms Applicable to all Chapters
1. ADR Provider means the institutions or persons accredited as

mediators, conciliators, arbitrators, neutral evaluators or any person
exercising similar functions in any Alternative Dispute Resolution
system. This is without prejudice to the rights of the parties to choose
non-accredited individuals to act as mediator, conciliator, arbitrator or
neutral evaluator of their dispute.

2. Alternative Dispute Resolution System means any process or
procedure used to resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer of a
government agency, as defined in the ADR Act, in which a neutral
third person participates to assist in the resolution of issues, including
arbitration, mediation, conciliation, early neutral evaluation, mini-trial
or any combination thereof.
3. Arbitration means a voluntary dispute resolution process in which

one or more arbitrators, appointed in accordance with the agreement
of the parties or these Rules, resolve a dispute by rendering an award.
4. Arbitration Agreement means an agreement by the parties to submit

to arbitration all or certain disputes which have arisen or which may
arise between them in respect of a defined legal relationship, whether
contractual or not. An arbitration agreement may be in the form of an
arbitration clause in a contract or in the form of a separate agreement.
5. Authenticate means to sign, execute, adopt a symbol or encrypt a

record in whole or in part, intended to identify the authenticating party
and to adopt, accept or establish the authenticity of a record or term.
6. Award means any partial or final decision by an arbitrator in resolving

the issue or controversy.
7. Confidential Information means any information, relative to the

subject of mediation or arbitration, expressly intended by the source
not to be disclosed, or obtained under circumstances that would
create a reasonable expectation on behalf of the source that the
information shall not be disclosed. It shall include:
(a) communication, oral or written, made in a dispute resolution

proceeding, including any memoranda, notes or work product of
the neutral party or non-party participant;
(b) an oral or written statement made or which occurs during

mediation or for purposes of considering, conducting, participating,
initiating, continuing or reconvening mediation or retaining a
mediator; and
(c) pleadings, motions, manifestations, witness statements, reports

filed or submitted in arbitration or for expert evaluation.
8. Counsel means a lawyer duly admitted to the practice of law in the

Philippines and in good standing who represents a party in any ADR
process.
9. Court means Regional Trial Court except insofar as otherwise defined

under the Model Law.
10. Government Agency means any governmental entity, office or

officer, other than a court, that is vested by law with quasi-judicial
power or the power to resolve or adjudicate disputes involving the
government, its agencies and instrumentalities or private persons.

11. Model Law means the Model Law on International Commercial
Arbitration adopted by the United Nations Commission on
International Trade Law on 21 June 1985.
12. Proceedings means a judicial, administrative or other adjudicative

process, including related pre-hearing or post hearing motions,
conferences and discovery.
13. Record means information written on a tangible medium or stored in

an electronic or other similar medium, retrievable in a perceivable
form.
14. Roster means a list of persons qualified to provide ADR services as

neutrals or to serve as arbitrators.
15. Special ADR Rules means the Special Rules of Court on Alternative
Dispute Resolution issued by the Supreme Court on September 1,
2009.
B. Terms Applicable to the Chapter on Mediation
1. Ad hoc Mediation means any mediation other than institutional or

court-annexed.
2. Institutional Mediation means any mediation administered by, and

conducted under the rules of, a mediation institution.
3. Court-Annexed Mediation means any mediation process conducted

under the auspices of the court and in accordance with Supreme
Court approved guidelines, after such court has acquired jurisdiction
of the dispute.
4. Court-Referred Mediation means mediation ordered by a court to be

conducted in accordance with the agreement of the parties when an
action is prematurely commenced in violation of such agreement.
5. Certified Mediator means a mediator certified by the Office for ADR

as having successfully completed its regular professional training
program.
6. Mediation means a voluntary process in which a mediator, selected

by the disputing parties, facilitates communication and negotiation,
and assists the parties in reaching a voluntary agreement regarding a
dispute.
7. Mediation Party means a person who participates in a mediation and

whose consent is necessary to resolve the dispute.
8. Mediator means a person who conducts mediation.
9. Non-Party Participant means a person, other than a party or

mediator, who participates in a mediation proceeding as a witness,
resource person or expert.

C. Terms Applicable to the Chapter on International Commercial
Arbitration
1. Appointing Authority as used in the Model Law shall mean the

person or institution named in the arbitration agreement as the
appointing authority; or the regular arbitration institution under whose
rules the arbitration is agreed to be conducted. Where the parties
have agreed to submit their dispute to institutional arbitration rules,
and unless they have agreed to a different procedure, they shall be
deemed to have agreed to the procedure under such arbitration rules
for the selection and appointment of arbitrators. In ad hoc arbitration,
the default appointment of an arbitrator shall be made by the National
President of the Integrated Bar of the Philippines (IBP) or his/her duly
authorized representative.
2. Arbitral Tribunal (under the Model Law) means a sole arbitrator or a

panel of arbitrators.
3. Arbitration means any arbitration whether or not administered by a

permanent arbitration institution.
4. Commercial Arbitration means an arbitration that covers matters

arising from all relationships of a commercial nature, whether
contractual or not. Relationships of a commercial nature include, but
are not limited to, the following commercial transactions: any trade
transaction for the supply or exchange of goods or services;
distribution agreements; construction of works; commercial
representation or agency; factoring; leasing; consulting; engineering;
licensing; investment; financing; banking; insurance; joint venture and
other forms of industrial or business cooperation; carriage of goods or
passengers by air, sea, rail or road.
5. Convention Award means a foreign arbitral award made in a

Convention State.
6. Convention State means a state that is a member of the New York

Convention.
7. Court (under the Model Law) means a body or organ of the judicial
system of the Philippines (i.e., the Regional Trial Court, Court of
Appeals and Supreme Court).
8. International Arbitration means an arbitration where:
(a) the parties to an arbitration agreement have, at the time of the

conclusion of that agreement, their places of business in different
states; or
(b) one of the following places is situated outside the Philippines in

which the parties have their places of business:
(i) the place of arbitration if determined in, or pursuant to, the

arbitration agreement;

(ii) any place where a substantial part of the obligations of the
commercial relationship is to be performed or the place with
which the subject matter of the dispute is most closely
connected; or
(c) the parties have expressly agreed that the subject matter of the
arbitration agreement relates to more than one country.
For this purpose:
(a) if a party has more than one place of business, the place of
business is that which. has the closest relationship to the
(b) if a party does not have a place of business, reference is to be

made to his/her habitual residence.
9. New York Convention means the United Nations Convention on the

Recognition and Enforcement of Foreign Arbitral Awards approved in
1958 and ratified by the Philippine Senate under Senate Resolution
NO.71.
10. Non-Convention Award means a foreign arbitral award made in a

state, which is not a Convention State.
11. Non-Convention State means a state that is not a member of the

New York Convention.
D. Terms Applicable to the Chapter on Domestic Arbitration
1. Ad hoc Arbitration means an arbitration administered by an arbitrator

and/or the parties themselves. An arbitration administered by an
institution shall be regarded as an ad hoc arbitration if such institution
is not a permanent or regular arbitration institution in the Philippines.
2. Appointing Authority in Ad Hoc Arbitration means, in the absence

of an agreement, the National President of the IBP or his/her duly
authorized representative.
3. Appointing Authority Guidelines means the set of rules approved or

adopted by an appointing authority for the making of a Request for
Appointment, Challenge, Termination of the Mandate of Arbitrator/s
and for taking action thereon.
4. Arbitration means a voluntary dispute resolution process in which

one or more arbitrators, appointed in accordance with the agreement
of the parties or these Rules, resolve a dispute by rendering an award.
5. Arbitral Tribunal means a sole arbitrator or a panel, board or

committee of arbitrators.
6. Claimant means a person/s with a claim against another and who

commence/s arbitration against the latter.

7. Court means, unless otherwise specified in these Rules, a Regional
Trial Court.
8. Day means calendar day.
9. Domestic Arbitration means an arbitration that is not international as

defined in Article 1(3) of the Model Law.
10. Institutional arbitration means arbitration administered by an entity,

which is registered as a domestic corporation with the Securities and
Exchange Commission (SEC)' and engaged in, among others,
arbitration of disputes in the Philippines on a regular and permanent
basis.
11. Request for Appointment means the letter-request to the appointing

authority of either or both parties for the appointment of arbitrator/s or
of the two arbitrators first appointed by the parties for the appointment
of the third member of an arbitral tribunal.
12. Representative is a person duly authorized in writing by a party to a

dispute, who could be a counsel, a person in his/her employ or any
other person of his/her choice, duly authorized to represent said party
in the arbitration proceedings.
13. Respondent means the person/s against whom the claimant

commence/s arbitration.
14. Written communication means the pleading, motion, manifestation,

notice, order, award and any other document or paper submitted or
filed with the arbitral tribunal or delivered to a party.
E. Terms Applicable to the Chapter on Other ADR Forms
1. Early Neutral Evaluation means an ADR process wherein parties

and their lawyers are brought together early in the pre-trial phase to
present summaries of their cases and to receive a non-binding
assessment by an experienced neutral person, with expertise in the
subject matter or substance of the dispute.
2. Mediation-Arbitration or Med-Arb is a two-step dispute resolution

process involving mediation and then followed by arbitration.
3. Mini-trial means a structured dispute resolution method in which the

merits of a case are argued before a panel comprising of senior
decision-makers, with or without the presence of a neutral third
person, before which the parties seek a negotiated settlement.
CHAPTER 2
THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION
RULE 1 - Office for Alternative Dispute Resolution (OADR)
Article 2.1. Establishment of the Office for Alternative Dispute

Resolution. There is hereby established the OADR as an agency attached to the
Department of Justice. It shall have a Secretariat and shall be headed by an

Executive Director, who shall be appointed by the President of the Philippines, taking
into consideration the recommendation of the Secretary of Justice.
Article 2.2. Powers of the OADR. The OADR shall have the following
powers:
(a) To act as appointing authority of mediators and arbitrators when the

parties agree in writing that it shall be empowered to do so;
(b) To conduct seminars, symposia, conferences and other public fora and
publish proceedings of said activities and relevant materials/information
that would promote, develop and expand the use of ADR;
(c) To establish an ADR library or resource center where ADR laws, rules
and regulations, jurisprudence, books, articles and other information about
ADR in the Philippines and elsewhere may be stored and accessed;
(d) To establish a training programs for ADR providers/practitioners, both in

the public and private sectors; and to undertake periodic and continuing
training programs for arbitration and mediation and charge fees on
participants. It may do so in conjunction with or in cooperation with the
IBP, private ADR organizations, and local and foreign government offices
and agencies and international organizations;
(e) To certify those who have successfully completed the regular professional
training programs provided by the OADR;
(f) To charge fees for services rendered such as, among others, for training
and certifications of ADR providers;
(g) To accept donations, grants and other assistance from local and foreign
sources; and
(h) To exercise such other powers as may be necessary and proper to carry
into effect the provisions of the ADR Act.
Article 2.3. Functions of the OADR. The OADR shall have the following
functions:
(a) To promote, develop and expand the use of ADR in the private and public
sectors through information, education and communication;
(b) To monitor, study and evaluate the use of ADR by the private and public
sectors for purposes of, among others, policy formulation;
(c) To recommend to Congress needful statutory changes to develop,

strengthen and improve ADR practices in accordance with international
professional standards;
(d) To make studies on and provide linkages for the development,

implementation, monitoring and evaluation of government and private
ADR programs and secure information about their respective
administrative rules/procedures, problems encountered and how they
were resolved;

(e) To compile and publish a list or roster of ADR providers/practitioners, who
have undergone training by the OADR, or by such training
providers/institutions recognized or certified by the OADR as performing
functions in any ADR system. The list or roster shall include the
addresses, contact numbers, e-mail addresses, ADR service/s rendered
(e.g. arbitration, mediation) and experience in ADR of the ADR
providers/p ractitio ners;
(f) To compile a list or roster of foreign or international ADR

providers/practitioners. The list or roster shall include the addresses,
contact numbers, e-mail addresses, ADR service/s rendered (e.g.
arbitration, mediation) and experience in ADR of the ADR
providers/practitioners; and
(g) To perform such other functions as may be assigned to it.
Article 2.4. Divisions of the OADR. The OADR shall have the following staff
and service divisions, among others:
(a) Secretariat - shall provide necessary support and discharge such other
functions and duties as may be directed by the Executive Director.
(b) Public Information and Promotion Division - shall be charged with the
dissemination of information, the promotion of the importance and public
acceptance of mediation, conciliation, arbitration or any combination
thereof and other ADR forms as a means of achieving speedy and
efficient means of resolving all disputes and to help in the promotion,
development and expansion of the use of ADR.
(c) Training Division - shall be charged with the formulation of effective

standards for the training of ADR practitioners; conduct of trainings in
accordance with such standards; issuance of certifications of training to
ADR practitioners and ADR service providers who have undergone the
professional training provided by the OADR; and the coordination of the
development, implementation, monitoring and evaluation of government
and private sector ADR programs.
(d) Records and Library Division - shall be charged with the establishment
and maintenance of a central repository of ADR laws, rules and
regulations, jurisprudence, books, articles, and other information about
ADR in the Philippines and elsewhere.
RULE 2 - The Advisory Council
Article 2.5. Composition of the Advisory Council. There is also created

an Advisory Council composed of a representative from each of the following:
(a) Mediation profession;
(b) Arbitration profession;
(c) ADR organizations;
(d) IBP; and

(e) Academe.
The members of the Council, who shall be appointed by the Secretary of

Justice upon the recommendation of the OADR Executive Director, shall choose a
Chairman from among themselves.
Article 2.6. Role of the Advisory Council. The Advisory Council shall
advise the Executive Director on policy, operational and other relevant matters. The
Council shall meet regularly, at least once every two (2) months, or upon call by the
Executive Director.
CHAPTER 3
MEDIATION
RULE 1 - General Provisions
Article 3.1. Scope of Application. These Rules apply to voluntary mediation,

whether ad hoc or institutional, other than court-annexed mediation and only in
default of an agreement of the parties on the applicable rules.
These Rules shall also apply to all cases pending before an administrative or
quasi-judicial agency that are subsequently agreed upon by the parties to be referred
to mediation.
Article 3.2. Statement of Policy. In applying and construing the provisions of

these Rules, consideration must be given to the need to promote candor of parties
and mediators through confidentiality of the mediation process, the policy of fostering
prompt, economical and amicable resolution of disputes in accordance with principles
of integrity of determination by the parties and the policy that the decision-making
authority in the mediation process rests with the parties.
A party may petition a court before which an action is prematurely brought in

a matter which is the subject of a mediation agreement, if at least one party so
requests, not later than the pre-trial conference or upon the request of both parties
thereafter, to refer the parties to mediation in accordance with the agreement of the
parties.
RULE 2 - Selection of a Mediator
Article 3.3. Freedom to Select Mediator. The parties have the freedom to
select their mediator.
The parties may request the OADR to provide them with a list or roster or the
resumes of its certified mediators. The OADR may be requested to inform the
mediator of his/her selection.
Article 3.4. Replacement of Mediator. If the mediator selected is unable to

act as such for any reason, the parties may, upon being informed of such fact, select
another mediator.
Article 3.5. Refusal or Withdrawal of Mediator. A mediator may refuse

from acting as such, withdraw or may be compelled to withdraw, from the mediation
proceedings under the following circumstances:
(a) If any of the parties so requests the mediator to withdraw;

(b) The mediator does not have the qualifications, training and experience to
enable him/her to meet the reasonable expectations of the parties;
(c) Where the mediator's impartiality is in question;
(d) If continuation of the process would violate any ethical standards;
(e) If the safety of any of the parties would be jeopardized;
(f) If the mediator is unable to provide effective services;
(g) In case of conflict of interest; and
(h) In any of the following instances, if the mediator is satisfied that:
(i) one or more of the parties is/are not acting in good faith;
(ii) the parties' agreement would be illegal or involve the commission of

a crime;
(iii) continuing the dispute resolution would give rise to an appearance of

impropriety;
(iv) continuing with the process would cause significant harm to a non-
participating person or to the public; or
(v) continuing discussions would not be in the best interest of the parties,
their minor children or the dispute resolution process.
RULE 3 - Ethical Conduct of a Mediator
Article 3.6. Competence. It is not required that a mediator shall have special
qualifications by background or profession unless the special qualifications of a
mediator are required in the mediation agreement or by the mediation parties.
However, the certified mediator shall:
(a)' maintain and continually upgrade his/her professional competence in

mediation skills;
(b) ensure that his/her qualifications, training and experience are known to
and accepted by the parties; and
(c) serve only when his/her qualifications, training and experience enable
him/her to meet the reasonable expectations of the parties and shall not
hold himself/herself out or give the impression that he/she has
qualifications, training and experience that he/she does not have.
Upon the request of a mediation party, an individual who is requested to

serve as mediator shall disclose his/her qualifications to mediate a dispute.
Article 3.7. Impartiality. A mediator shall m~intain impartiality.
(a) Before accepting a mediation, an individual who is requested to serve as a

mediator shall: .

(i) make an inquiry that is reasonable under the circumstances to
determine whether there are any known facts that a reasonable
individual would consider likely to affect the impartiality of the
mediator, including a financial or personal interest in the outcome of
the mediation and any existing or past relationship with a party or
foreseeable participant in the mediation; and
(ii) disclose to the mediation parties any such fact known or learned as
soon as is practical before accepting a mediation.
(b) If a mediator learns any fact described in paragraph (a) (i) of this
Article after accepting a mediation, the mediator shall disclose it as soon as
practicable to the mediation parties.
Article 3.8. Confidentiality. A mediator shall keep in utmost confidence all

confidential information obtained in the course of the mediation process.
A mediator shall discuss issues of confidentiality with the mediation parties

before beginning the mediation process including limitations on the scope of
confidentiality and the extent of confidentiality provided in any private sessions or
caucuses that the mediator holds with a party.
Article 3.9. Consent and Self-Determination. (a) A mediator shall make

reasonable efforts to ensure that each party understands the nature and character of
the mediation proceedings including private caucuses, the issues, the available
options, the alternatives to non-settlement, and that each party is free and able to
make whatever choices he/she desires regarding participation in mediation generally
and regarding specific settlement options.
If a mediator believes that a party, who is not represented by counsel, is

unable to understand, or fully participate in, the mediation proceedings for any
reason, a mediator may either:
(i) limit the scope of the mediation proceedings in a manner consistent

with the party's ability to participate, and/or recommend that the party
obtain appropriate assistance in order to continue with the process;
or
(ii) terminate the mediation proceedings.
(b) A mediator shall recognize and put in mind that the primary responsibility
of resolving a dispute and the shaping of a voluntary and uncoerced settlement rests
with the parties.
Article 3.10. Separation of Mediation from Counseling and Legal Advice.

(a) Except in evaluative mediation or when the parties so request, a mediator shall:
(i) refrain from giving legal or technical advice and otherwise engaging
in counseling or advocacy; and
(ii) abstain from expressing his/her personal opinion on the rights and
duties of the parties and the merits of any proposal made.

(b) Where appropriate and where either or both parties are not represented
by counsel, a mediator shall:
(i) recommend that the parties seek outside professional advice to help
them make informed decision and to understand the implications of
any proposal; and
(ii) suggest that the parties seek independent legal and/or technical
advice before a settlement agreement is signed.
(c) Without the consent of all parties, and for a reasonable time under the
particular circumstance, a mediator who also practices another profession shall not
establish a professional relationship in that other profession with one of the parties,
or any person or entity, in a substantially and factually related matter.
Article 3.11. Charging of Fees. (a) A mediator shall fully disclose and
explain to the parties the basis of cost, fees and charges.
(b) The mediator who withdraws from the mediation shall return to the parties
any unearned fee and unused deposit.
(c) A mediator shall not enter into a fee agreement which is contingent upon
the results of the mediation or the amount of the settlement.
Article 3.12. Promotion of Respect and Control of Abuse of Process.

The mediator shall encourage mutual respect between the parties, and shall take
reasonable steps, subject to the principle of self-determination, to limit abuses of the
mediation process.
Article 3.13. Solicitation or Acceptance of any Gift. No mediator or any

member of a mediator's immediate family or his/her agent shall request, solicit,
receive or accept any gift or any type of compensation other than the agreed fee and
expenses in connection with any matter coming before the mediator.
RULE 4 - Role of Parties and their Counsels
Article 3.14. Designation of Counselor any Person to Assist Mediation.

Except as otherwise provided by the ADR Act or by these Rules, a party may
designate a lawyer or any other person to provide assistance in the mediation. A
waiver of this right shall be made in writing by the party waiving it. A waiver of
participation or legal representation may be rescinded at any time.
Article 3.15. Role of Counsel. (a) The lawyer shall view his/her role in
mediation as a collaborator with the other lawyer in working together toward the
common goal of helping their clients resolve their differences to their mutual
advantage.
(b) The lawyer shall encourage and assist his/her client to actively participate
in positive discussions and cooperate in crafting an agreement to resolve their
dispute.
(c) The lawyer must assist his/her client to comprehend and appreciate the
mediation process and its benefits, as well as the client's greater personal
responsibility for the success of mediation in resolving the dispute.

(d) In preparing for participation in mediation, the lawyer shall confer and
discuss with his/her client the following:
(i) The mediation process as essentially a negotiation between the

parties assisted by their respective lawyers, and facilitated by a
mediator, stressing its difference from litigation, its advantages and
benefits, the client's heightened role in mediation and responsibility
for its success and explaining the role of the lawyer in mediation
proceedings.
(ii) The substance of the upcoming mediation, such as:
(aa) The substantive issues involved in the dispute and their

prioritization in terms of importance to his/her client's real
interests and needs;
(bb) The study of the other party's position in relation to the issues
with a view to understanding the underlying interests, fears,
concerns and needs;
(cc) The information or facts to be gathered or sought from the other

side or to be exchanged that are necessary for informed
decision-making;
(dd) The possible options for settlement but stressing the need to be
open-minded about other possibilities; and
(ee) The best, worst and most likely alternatives to a non-negotiated

settlement.
Article 3.16. Other Matters which the Counsel shall do to Assist

Mediation. The lawyer:
(a) shall give support to the mediator so that his/her client will fully
understand the rules and processes of mediation;
(b) shall impress upon his/her client the importance of speaking for
himself/herself and taking responsibility for making decisions during the
negotiations within the mediation process;
(c) may ask for a recess in order to give advice or suggestions to his/her
client in private, if he/she perceives that his/her client is unable to bargain
effectively;
(d) shall assist his/her client and the mediator put in writing the terms of the
settlement agreement that the parties have entered into. The lawyers shall
see to it that the terms of the settlement agreement are not contrary to
law, morals, good customs, public order or public policy.
RULE 5 - Conduct of Mediation
Article 3.17. Articles to be Considered in the Conduct of Mediation. (a)

The mediator shall not make untruthful or exaggerated claims about the dispute
resolution process, its costs and benefits, its outcome or the mediator's qualifications
and abilities during the entire mediation process.

(b) The mediator shall help the parties reach a satisfactory resolution of their
dispute but has no authority to impose a settlement on the parties.
(c) The parties shall personally appear for mediation and may be assisted by
a lawyer. A party may be represented by an agent who must have full authority to
negotiate and settle the dispute.
(d) The mediation process shall, in general, consist of the following stages:
(i) opening statement of the mediator;
(ii) individual narration by the parties;
(iii) exchange by the parties;
(iv) summary of issues;
(v) generation and evaluation of options; and
(vi) closure.
(e) The mediation proceeding shall be held in private. Persons, other than
the parties, their representatives and the mediator, may attend only with the consent
of all the parties.
(f) The mediation shall be closed:
(i) by the execution of a settlement agreement by the parties;
(ii) by the withdrawal of any party from mediation; and
(iii) by the written declaration of the mediator that any further effort at
mediation would not be helpful.
RULE 6 - Place of Mediation
Article 3.18. Agreement of Parties on the Place of Mediation. The parties

are free to agree on the place of mediation. Failing such agreement, the place of
mediation shall be any place convenient and appropriate to all parties.
RULE 7 - Effect of Agreement to Submit Dispute

to Mediation Under Institutional Rules
Article 3.19. Agreement to Submit a Dispute to Mediation by an

Institution. An agreement to submit a dispute to mediation by an institution shall
include an agreement to be bound by the internal mediation and administrative
policies of such institution. Further, an agreement to submit a dispute to mediation
under institutional mediation rules shall be deemed to include an agreement to have
such rules govern the mediation of the dispute and for the mediator, the parties, their
respective counsels and non-party participants to abide by such rules.

RULE 8 - Enforcement of Mediated Settlement Agreements
Article 3.20. Operative Principles to Guide Mediation. The mediation shall

be guided by the following operative principles:
(a) A settlement agreement following successful mediation shall be prepared

by the parties with the assistance of their respective counsels, if any, and
by the mediator. The parties and their respective counsels shall
endeavor to make the terms and condition of the settlement agreement
complete and to make adequate provisions for the contingency of breach
to avoid conflicting interpretations of the agreement.
(b) The parties and their respective counsels, if any, shall sign the
settlement agreement. The mediator shall certify that he/she explained
the contents of the settlement agreement to the parties in a language
known to them.
(c) If the parties agree, the settlement agreement may be jointly deposited
by the parties or deposited by one party with prior notice to the other
party/ies with the Clerk of Court of the Regional Trial Court (a) where the
principal place of business in the Philippines of any of the parties is
located; (b) if any of the parties is an individual, where any of those
individuals resides; or (c) in the National Capital Judicial Region. Where
there is a need to enforce the settlement agreement, a petition may be
filed by any of the parties with the same court, in which case, the court
shall proceed summarily to hear the petition, in accordance with the
Special ADR Rules.
(d) The parties may agree in the settlement agreement that the mediator
shall become a sole arbitrator for the dispute and shall treat the
settlement agreement as an arbitral award which shall be subject to
enforcement under Republic Act No. 876, otherwise known as "The
Arbitration Law", notwithstanding the provisions of Executive Order No.
1008, s. 1985, otherwise known as the "Construction Industry Arbitration
Law" for mediated disputes outside of the Construction Industry
Arbitration Commission.
RULE 9 - Confidentiality of Information
Article 3.21. Confidentiality of Information. Information obtained through

mediation proceedings shall be subject to the following principles and guidelines:
(a) Information obtained through mediation shall be privileged and

confidential.
(b) A party, mediator, or non-party participant may refuse to disclose and may
prevent any other person from disclosing a confidential information.
(c) Confidential information shall not be subject to discovery and shall be

inadmissible in any adversarial proceeding, whether judicial or quasi-
judicial. However, evidence or information that is otherwise admissible or
subject to discovery dbes not become inadmissible or protected from
discovery solely by reason of its use in a mediation.
16

(d) In such an adversarial proceeding, the following persons involved or
previously involved in a mediation may not be compelled to disclose
confidential information obtained during the mediation:
(i) the parties to the dispute;
(ii) the mediator or mediators;
(iii) the counsel for the parties;
(iv) the non-party participants;
(v) any person hired or engaged in connection with the mediation as

secretary, stenographer, clerk or assistant; and
(vi) any other person who obtains or possesses confidential information by

reason of his/her profession.
(e) The protections of the ADR Act shall continue to apply even if a mediator
is found to have failed to act impartially.
(f) A mediator may not be called to testify to provide confidential information

gathered in mediation. A mediator who is wrongfully subpoenaed shall be
reimbursed the full cost of his/her attorney's fees and related expenses.
Article 3.22. Waiver of Confidentiality. (a) A privilege arising from the

confidentiality of information may be waived in a record or orally during a proceeding
by the mediator and the mediation parties.
(b) With the consent of the mediation parties, a privilege arising from the
confidentiality of information may likewise be waived by a non-party participant if the
information is provided by such non-party participant.
(c) A person who discloses confidential information shall be precluded from

asserting the privilege under Article 3.21 (Confidentiality of Information) to bar
disclosure of the rest of the information necessary to a complete understanding of the
previously disclosed information. If a person suffers loss or damage as a result of the
disclosure of the confidential information, he/she shall be entitled to damages in a
judicial proceeding against the person who made the disclosure.
(d) A person who discloses or makes a representation about a mediation is

precluded from asserting the privilege mentioned in Article 3.21 to the extent that the
communication prejudices another person in the proceeding and it is necessary for
the person prejudiced to respond to the representation or disclosure.
Article 3.23. Exceptions to the Privilege of Confidentiality of

Information. (a) There is no privilege against disclosure under Article 3.21 in the
following instances:
(i) in an agreement evidenced by a record authenticated by all

parties to the agreement;
(ii) available to the public or made during a session of a mediation

which is open, or is required by law to be open, to the public;

(iii) a threat or statement of a plan to inflict bodily injury or commit a
crime of violence;
(iv) intentionally used to plan a crime, attempt to commit, or commit a

crime, or conceal an ongoing crime or criminal activity;
(v) sought or offered to prove or disprove abuse, neglect,

abandonment or exploitation in a proceeding in which a public
agency is protecting the interest of an individual protected by law;
but this exception does not apply where a child protection matter
is referred to mediation by a court or where a public agency
participates in the child protection mediation;
(vi) sought or offered to prove or disprove a claim or complaint of

professional misconduct or malpractice filed against a mediator in
a proceeding; or
(vii) sought or offered to prove or disprove a claim or complaint of

professional misconduct or malpractice filed against a party, non-
party participant, or representative of a party based on conduct
occurring during a mediation.
(b) If a court or administrative agency finds, after a hearing in camera, that the
party seeking discovery of the proponent of the evidence has shown that the
evidence is not otherwise available, that there is a need for the evidence that
substantially outweighs the interest in protecting confidentiality, and the mediation
communication is sought or offered in:
(i) a court proceeding involving a crime or felony; or
(ii) a proceeding to prove a claim or defense that under the law is

sufficient to reform or avoid a liability on a contract arising out of
the mediation.
(c) A mediator may not be compelled to provide evidence of a mediation

communication or testify in such proceeding.
(d) If a mediation communication is not privileged under an exception in sub-

section (a) or (b) hereof, only the portion of the communication necessary for the
application of the exception for non-disclosure may be admitted. The admission of a
particular evidence for the limited purpose of an exception does not render that
evidence, or any other mediation communication, admissible for any other purpose.
Article 3.24. Non-Reporting or Communication by Mediator. A mediator

may not make a report, assessment, evaluation, recommendation, finding or other
communication regarding a mediation to a court or agency or other authority that may
make a ruling on a dispute that is the subject of a mediation, except:
(a) to state that the mediation occurred or has terminated, or where a

settlement was reached; or
(b) as permitted to be disclosed under Article 3.23 (Exceptions to the

Privilege of Confidentiality of Information).

The parties may, by an agreement in writing, stipulate that the settlement
agreement shall be sealed and not disclosed to any third party including the court.
Such stipulation, however, shall not apply to a proceeding to enforce or set aside the
settlement agreement.
RULE 10 - Fees and Cost of Mediation
Article 3.25. Fees and Cost of Ad hoc Mediation. In ad hoc mediation, the
parties are free to make their own arrangement as to mediation cost and fees. In
default thereof, the schedule of cost and fees to be approved by the OADR shall be
followed.
Article 3.26. Fees and Cost of Intitutional Mediation. (a) In institutional

mediation, mediation cost shall include the administrative charges of the mediation
institution under which the parties have agreed to be bound, mediator's fees and
associated expenses, if any. In default of agreement of the parties as to the amount
and manner of payment of mediation's cost and fees, the same shall be determined
in accordance with the applicable internal rules of the mediation service providers
under whose rules the mediation is conducted.
(b) A mediation service provider may determine such mediation fee as is

reasonable taking into consideration the following factors, among others:
(i) the complexity of the case;
(ii) the number of hours spent in mediation; and
(iii) the training, experience and stature of mediators.
CHAPTER 4
INTERNATIONAL COMMERCIAL ARBITRATION
Article 4.1. Scope of Application. (a) This Chapter applies to international

commercial arbitration, subject to any agreement in force between the Philippines
and other state or states.
(b) This Chapter applies only if the place or seat of arbitration is the
Philippines and in default of any agreement of the parties on the applicable rules.
(c) This Chapter shall not affect any other law of the Philippines by virtue of
which certain disputes may not be submitted to arbitration or may be submitted to
arbitration only according to provisions other than those of the ADR Act.
Article 4.2. Rules of Interpretation. (a) International commercial arbitration

shall be governed by the Model Law on International Commercial Arbitration.
(b) In interpreting this Chapter, regard shall be had to the international origin
of the Model Law and to the need for uniformity in its interpretation. Resort may be
made to the travaux preparatoires and the Report of the Secretary-General of the
United Nations Commission on International Trade Law dated March 1985 entitled,
"International Commercial Arbitration: Analytical Commentary on Draft Text identified
by reference number A/CN. 9/264".

(c) Moreover, in interpreting this Chapter, the court shall have due regard to
the policy of the law in favor of arbitration and the policy of the Philippines to actively
promote party autonomy in the resolution of disputes or the freedom of the parties to
make their own arrangement to resolve their dispute.
(d) Where a provision of this Chapter, except the Rules applicable to the
substance of the dispute, leaves the parties free to determine a certain issue, such
freedom includes the right of the parties to authorize a third party, including an
institution, to make that determination.
(e) Where a provision of this Chapter refers to the fact that the parties have
agreed or that they may agree or in any other way refers to an agreement of the
parties, such agreement includes any arbitration rules referred to in that agreement.
(f) Where a provision of this Chapter, other than in paragraph (a) of Article
4.25 (Default of a Party) and paragraphs (b) (i) of Article 4.32 (Termination of
Proceedings), refers to a claim, it also applies to a counter-claim, and where it refers
to a defense, it also applies to a defense to such counter-claim.
Article 4.3. Receipt of Written Communications. (a) Unless otherwise

agreed by the parties:
(i) any written communication is deemed to have been received if it is

delivered to the addressee personally or at hislher place of business,
habitual residence or mailing address; if none of these can be found
after making a reasonable inquiry, a written communication is
deemed to have been received if it is sent to the addressee's last
known place of business, habitual residence or mailing address by
registered letter or any other means which provides a record of the
attempt to deliver it;
(ii) the communication is deemed to have been received on the day it is

so delivered.
(b) The provisions of this Article do not apply to communications in court

proceedings, which shall be governed by the Rules of Court.
Article 4.4. Waiver of Right to Object. A party who knows that any
provision of this Chapter from which the parties may derogate or any requirement
under the arbitration agreement has not been complied with and yet proceeds with
the arbitration without stating the objections for such non-compliance without undue
delay or if a time limit is provided therefor, within such period of time, shall be
deemed to have waived the right to object.
Article 4.5. Extent of Court Intervention. In matters governed by this

Chapter, no court shall intervene except where so provided in the ADR Act. Resort to
Philippine courts for matters within the scope of the ADR Act shall be governed by
the Special ADR Rules.
Article 4.6. Court or Other Authority for Certain Functions of Arbitration

Assistance and Supervision. (a) The functions referred to in paragraphs (c) and
(d) of Article 4.11 (Appointment of Arbitrators) and paragraph (c) of Article 4.13
(Challenge Procedure) and paragraph (a) of Article 4.14 (Failure or Impossibility to
Act) shall be performed by the appointing authority as defined in Article 1.6 C 1,
unless the latter shall fail or refuse to act within thirty (30) days from receipt of the

request in which case the applicant may renew the application with the court. The
appointment of an arbitrator is not subject to appeal or motion for reconsideration.
(b) The functions referred to in paragraph (c) of Article 4.16 (c) (Competence
of Arbitral Tribunal to Rule on its Jurisdiction), second paragraph of Article 4.34
(Application for Setting Aside an Exclusive Recourse Against Arbitral Award), Article
4.35 (Recognition and Enforcement), Article 4.38 (Venue and Jurisdiction), shall be
performed by the appropriate Regional Trial Court.
(c) A Court may not refuse to grant, implement or enforce a petition for an
interim measure, including those provided for in Article 4.9 (Arbitration Agreement
and Interim Measures by Court), Article 4.11 (Appointment of Arbitrators), Article 4.13
(Challenge Procedure), Article 4.27 (Court Assistance in Taking Evidence), on the
sole ground that the Petition is merely an ancillary relief and the principal action is
pending with the arbitral tribunal.
RULE 2 - Arbitration Agreement
Article 4.7. Definition and Form of Arbitration Agreement. The arbitration

agreement, as defined in Article 1.6 A4, shall be in writing. An agreement is in writing
if it is contained in a document signed by the parties or in an exchange of letters,
telex, telegrams or other means of telecommunication which provide a record of the
agreement, or in an exchange of statements of claim and defense in which the
existence of an agreement is alleged by one party and not denied by another. The
reference in a contract to a document containing an arbitration clause constitutes an
arbitration agreement provided that the contract is in writing and the reference is
such as to make that clause part of the contract.
Article 4.8. Arbitration Agreement and Substantive Claim Before Court.

(a) A court before which an action is brought in a matter which is the subject of an
arbitration agreement shall, if at least one party so requests not later than the pre-trial
conference, or upon the request of both parties thereafter, refer the parties to
arbitration unless it finds that the arbitration agreement is null and void, inoperative or
incapable of being performed.
(b) Where an action referred to in the previous paragraph has been brought,
arbitral proceedings may nevertheless be commenced or continued, and an award
may be made, while the issue is pending before the court.
(c) Where the action is commenced by or against multiple parties, one or

more of whom are parties to an arbitration agreement, the court shall refer to
arbitration those parties who are bound by the arbitration agreement although the
civil action may continue as to those who are not bound by such arbitration
agreement.
Article 4.9. Arbitration Agreement and Interim Measures by Court. (a) It

is not incompatible with an arbitration agreement for a party to request from a court,
before the constitution of the arbitral tribunal or during arbitral proceedings, an interim
measure of protection and for a court to grant such measure.
(b)To the extent that the arbitral tribunal has no power to act or is unable to
act effectively, a request for interim measures of protection, or modification thereof as
provided for, and in the manner indicated in, Article 4.17 (Power of Arbitral Tribunal
to Order Interim Measures), may be made with the court.

The rules on interim or provisional relief provided for in paragraph (c) of
Article 4.17, of these Rules shall be observed.
A party may bring a petition under this Article before the court in accordance
with the Rules of Court or tre Special ADR Rules.
RULE 3 - Composition of Arbitral Tribunal
Article 4.10. Number of Arbitrators. The parties are free to determine the
number of arbitrators. Failing such determination, the number of arbitrators shall be
three (3).
Article 4.11. Appointment of Arbitrators. (a) No person shall be precluded

by reason of his/her nationality from acting as an arbitrator, unless otherwise agreed
by the parties.
(b) The parties are free to agree on a procedure of appointing the arbitrator or
arbitrators, subject to the provisions of paragraphs (d) and (e) of this Article.
(c) Failing such agreement:
(i) in an arbitration with three (3) arbitrators, each party shall appoint one
arbitrator, and the two (2) arbitrators thus appointed shall appoint the
third arbitrator; if a party fails to appoint the arbitrator within thirty (30)
days of receipt of a request to do so from the other party, or if the two
(2) arbitrators fail to agree on the third arbitrator within thirty (30) days
of their appointment, the appointment shall be made, upon request of
a party, by the appointing authority;
(ii) in an arbitration with a sole arbitrator, if the parties are unable to agree
on the arbitrator, he/she shall be appointed, upon request of a party,
by the appointing authority.
(d) Where, under an appointment procedure agreed upon by the parties,
(i) a party fails to act as required under such procedure, or
(ii) the parties, or two arbitrators, are unable to reach an agreement

expected of them under such procedure, or
(iii) a third party, including an institution, fails to perform any function

entrusted to it under such procedure,
any party may request the appointing authority to take the necessary measure to
appoint an arbitrator, unless the agreement on the appointment procedure provides
other means for securing the appointment.
(e) A decision on a matter entrusted by paragraphs (c) and (d) of this to the
appointing authority shall be immediately executory and not be subject to a motion
for reconsideration or appeal. The appointing authority shall have in appointing an
arbitrator, due regard to any qualifications required of the arbitrator by the agreement
of the parties and to such considerations as are likely to secure the appointment of
an independent and impartial arbitrator and, in the case of a sole or third arbitrator,

shall take into account ~s . well the 'advisability''"'O'fa~pointing an arbitrator of a
nationality other than those of the parties.
with the Rules of Court or the Special ADR Rules.
Article 4.12. Grounds for Challenge. (a) When a person is approached in

connection with his/her possible appointment as an arbitrator, he/she shall disclose
any circumstance likely to give rise to justifiable doubts as to his/her impartiality or
independence. An arbitrator, from the time of his/her appointment and throughout
the arbitral proceedings shall, withQut delay, disclose any such circumstance to the
parties unless they have already been informed of them by him/her.
(b) An arbitrator may be challenged only if circumstances exist that give rise
to justifiable doubts as to his/her impartiality or independence, or if he/she does not
possess qualifications agreed to by the parties. A party may challenge an arbitrator
appointed by him/her, or in whose appointment he/she has participated, only for
reasons of which be/she becomes aware after the appointment has been made.
Article 4.13. Challenge Procedure. (a) The parties are free to agree on a
procedure for challenging an arbitrator, subject to the provisions of this Article.
(b) Failing such agreement, a party who intends to challenge an arbitrator

shall, within fifteen (15) days after becoming aware of the constitution of the arbitral
tribunal or after becoming aware of any circumstance referred to in paragraph (b) of
Article 4.12 (Grounds for Challenge), send a written statement of the reasons for the
challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from
his/her office or the other party agrees to the challenge, the arbitral tribunal shall
decide on the challenge.
(c) If a challenge under any procedure agreed upon by the parties or under
the procedure of paragraph (b) of this Article is not successful, the challenging party
may request the appointing authority, within thirty (30) days after having received
notice of the decision rejecting the challenge, to decide on the challenge, which
decision shall be immediately executory and not subject to motion for reconsideration
or appeal. While such a request is pending, the arbitral tribunal, including the
challenged arbitrator, may continue the arbitral proceedings and make an award.
Article 4.14. Failure or Impossibility to Act. (a) If an arbitrator becomes

de jure or de facto unable to perform his/her functions or for other reasons fails to act
without undue delay, his/her mandate terminates if he/she withdraws from his/her
office or if the parties agree on the termination. Otherwise, if a controversy remains
concerning any of these grounds, any party may request the appointing authority to
decide on the termination of the mandate, which decision shall be immediately
executory and not subject to motion for reconsideration or appeal.
(b) If, under this Article or paragraph (b) of Article 4.13 (Challenge
Procedure), an arbitrator withdraws from his/her office or a party agrees to the
termination of the mandate of an arbitrator, this does not imply acceptance of the
validity of any ground referred to in this Article or in paragraph (b) of Article 4.12
(Grounds for Challenge).

Article 4.15. Appointment of Substitute Arbitrator. Where the mandate of
an arbitrator terminates under Articles 4.13 (Challenge Procedure) and 4.14 (Fai/ure
or /mpossibility to Act) or because of his/her withdrawal from office for any other
reason or because of the revocation of his/her mandate by agreement of the parties
or in any other case of termination of his/her mandate, a substitute arbitrator shall be
appointed according to the rules that were applicable to the appointment of the
arbitrator being replaced.
RULE 4 - Jurisdiction of Arbitral Tribunal
Article 4.16. Competence of Arbitral Tribunal to Rule on its Jurisdiction.

(a) The arbitral tribunal may rule on its own jurisdiction, including any objections with
respect to the existence or validity of the arbitration agreement or any condition
precedent to the filing of a request for arbitration. For that purpose, an arbitration
clause, which forms part of a contract shall be treated as an agreement independent
of the other terms of the contract. A decision by the arbitral tribunal that the contract
is null and void shall not entail ipso jure the invalidity of the arbitration clause.
(b) A plea that the arbitral tribunal does not have jurisdiction shall be raised
not later than the submission of the statement of defense (i.e., in an Answer or
Motion to Dismiss). A party is not precluded from raising such plea by the fact that
he/she has appointed, or participated in the appointment of, an arbitrator. A plea that
the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as
the matter alleged to be beyond the scope of its authority is raised during the arbitral
proceedings. The arbitral tribunal may, in either case, admit a later plea if it
considers the delay justified.
(c) The arbitral tribunal may rule on a plea referred to in paragraph (b) of this
Article either as a preliminary question or in an award on the merits. If the arbitral
tribunal rules as a preliminary question that it has jurisdiction, any party may request,
within thirty (30) days after having received notice of that ruling, the Regional Trial
Court to decide the matter, which decision shall be immediately executory and not
subject to motion for reconsideration or appeal. While such a request is pending, the
arbitral tribunal may continue the arbitral proceedings and make an award.
Article 4.17. Power of Arbitral Tribunal to Order Interim Measures. (a)

Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a
party, order any party to take such interim measures of protection as the arbitral
tribunal may consider necessary in respect of the subject matter of the dispute
following paragraph (c) of this Article. Such interim measures may include, but shall
not be limited to, preliminary injunction directed against a party, appointment of
receivers, or detention, preservation, inspection of property that is the subject of the
dispute in arbitration.
(b) After constitution of the arbitral tribunal, and during arbitral proceedings, a
request for interim measures of protection, or modification thereof shall be made with
the arbitral tribunal. The arbitral tribunal is deemed constituted when the sole
arbitrator or the third arbitrator, who has been nominated, has accepted the
nomination and written communication of said nomination and acceptance has been
received by the party making the request.
(c) The following rules on interim or provisional relief shall be observed:
(i) Any party may request that interim or provisional relief be granted
against the adverse party.

(ii) Such relief may be granted:
(aa) To prevent irreparable loss or injury;
(bb) To provide security for the performance of an obligation;
(cc) To produce or preserve evidence; or
(dd) To compel any other appropriate acts or omissions.
(iii) The order granting provisional relief may be conditioned upon the
provision of security or any act or omission specified in the order.
(iv) Interim or provisional relief is. requested by written application

transmitted by reasonable means to the arbitral tribunal and the
party against whom relief is sought, describing in appropriate details
of the precise relief, the party against whom the relief is requested,
the ground for the relief, and the evidence supporting the request.
(v) The order either granting or denying an application for interim relief
shall be binding upon the parties.
(vi) Either party may apply with the court for assistance in implementing
or enforcing an interim measure ordered by an arbitral tribunal.
(vii) A party who does not comply with the order shall be liable for all
damages, resulting from noncompliance, including all expenses, and
reasonable attorney's fees, paid in obtaining the order's judicial
enforcement.
RULE 5 - Conduct of Arbitral Proceedings
Article 4.18. Equal Treatment of Parties. The parties shall be treated with
equality and each party shall be given a full opportunity of presenting his/her case.
Article 4.19. Determination of Rules of Procedure. (a) Subject to the

provisions of this Chapter, the parties are free to agree on the procedure to be
followed by the arbitral tribunal in conducting the proceedings.
(b) Failing such agreement, the arbitral tribunal may, subject to this Chapter,
conduct the arbitration in such manner as it considers appropriate. Unless the arbitral
tribunal considers it inappropriate, the UNCITRAL Arbitration Rules adopted by the
UNCITRAL on 28 April 1976 and the UN General Assembly on 15 December 1976
shall apply subject to the following clarification: All references to the "Secretary-
General of the Permanent Court of Arbitration at the Hague" shall be deemed to refer
to the appointing authority.
(c) The power conferred upon the arbitral tribunal includes the power to
determine the admissibility, relevance, materiality and weight of any evidence.
Article 4.20. Place of Arbitration. (a) The parties are free to agree on the
place of arbitration. Failing such agreement, the place of arbitration shall be in Metro
Manila unless the arbitral tribunal, having regard to the circumstances of the case,

including the convenience'. of ,the parties, shall decide on a different place of
arbitration.
(b) Notwithstanding the rule stated in paragraph (a) of this provIsion, the
arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it
considers appropriate for consultation among its members, for hearing witnesses,
experts or the parties, or for inspection of goods, other property or documents.
Article 4.21. Commencement of Arbitral Proceedings. Unless otherwise

agreed by the parties, the arbitral proceedings in respect of a particular dispute
commence on the date on which a request for that dispute to be referred to
arbitration is received by the respondent.
Article 4.22. Language. (a) The parties are free to agree on the language or
languages to be used in the arbitral proceedings, Failing such agreement, the
language to be used shall be English. This agreement, unless otherwise specified
therein, shall apply to any written statement by a party, any hearing and any award,
decision or other communication by the arbitral tribunal.
(b) The arbitral tribunal may order that any documentary evidence shall be
accompanied by a translation into the language or languages agreed upon by the
parties or determined by the arbitral tribunal in accordance with paragraph (a) of this
Article.
Article 4.23. Statements of Claim and Defense. (a) Within the period of
time agreed by the parties or determined by the arbitral tribunal, the claimant shall
state the facts supporting his/her/its claim, the points at issue and the relief or
remedy sought, and the responden.t shall state his/her/its defense in respect of these
particulars, unless the parties have otherwise agreed as to the required elements of
such statements. The parties may submit with their statements, all documents they
consider to be relevant or may add a reference to the documents or other evidence
they will submit.
(b)Unless otherwise agreed by the parties, either party may amend or

supplement his/her claim or defense during the course of the arbitral proceedings,
unless the arbitral tribunal considers it inappropriate to allow such amendment having
regard to the delay in making it.
Article 4.24. Hearing and Written Proceedings. (a) Subject to any contrary
agreement by the parties, the arbitral tribunal shall decide whether to hold oral
hearings for the presentation of evidence or for oral argument, or whether the
proceedings shall be conducted on the basis of documents and other materials.
However, unless the parties have agreed that no hearings shall be held, the arbitral
tribunal shall hold such hearings at an appropriate stage of the proceedings, if so
requested by a party.
(b)The parties shall be given sufficient advance notice of any hearing and of
any meeting of the arbitral tribunal for the purposes of inspection of goods, other
property or documents.
(c) All statements, documents or other information supplied to the arbitral

tribunal by one party shall be communicated to the other party. Also, an expert
report or evidentiary document on which the arbitral tribunal may rely in making its
decision shall be communicated to the parties.

Article 4.25. Default of a Party. Unless otherwise agreed by the parties, if,
without showing sufficient cause,
(a) the claimant fails to communicate his statement of claim in accordance

with paragraph (a) Article 4.23 (Statement of Claim and Defense), the
arbitral tribunal shall terminate the proceedings;
(b) the respondent fails to communicate his/her/its statement of defense in

accordance with paragraph (a) Article 4.23 (Statement of Claim and
Defense), the arbitral tribunal shall continue the proceedings without
treating such failure in itself as an admission of the claimant's
allegations;
(c) any party fails to appear at a hearing or to produce documentary

evidence, the arbitral tribunal may continue the proceedings and make
the award on the evidence before it.
Article 4.26. Expert Appointed by the Arbitral Tribunal. Unless otherwise

agreed by the parties, the arbitral tribunal,
(a) may appoint one or more experts to report to it on specific issues to be

determined by the arbitral tribunal; or
(b) may require a party to give the expert any relevant information or to
produce, or to provide access to, any relevant documents, goods or other
property for his/her inspection.
Unless otherwise agreed by the parties, if a party so requests or if the arbitral

tribunal considers it necessary, the expert shall, after delivery of his/her written or
oral report, participate in a hearing where the parties have the opportunity to put
questions to him and to present expert witnesses in order to testify on the points at
issue.
Article 4.27. Court Assistance in Taking Evidence. The arbitral tribunal or

a party with the approval of the arbitral tribunal may request from a court of the
Philippines assistance in taking evidence. The court may execute the request within
its competence and according to its rules on taking evidence.
The arbitral tribunal shall have the power to require any person to attend a
hearing as a witness. The arbitral tribunal shall have the power to subpoena
witnesses and documents when the relevancy of the testimony and the materiality
thereof has been demonstrated to it. The arbitral tribunal may also require the
retirement of any witness during the testimony of any other witness.
A party may bring a petition under this Section before the court in accordance
Article 4.28. Rules Applicable to the Substance of Dispute. (a) The

arbitral tribunal shall decide the dispute in accordance with such rules of law as are
chosen by the parties as applicable to the substance of the dispute. Any designation
of the law or legal system of a given state shall be construed, unless otherwise
expressed, as directly referring to the substantive law of that state and not to its
conflict of laws rules.

(b) Failing any designation by the parties, the arbitral tribunal shall apply the
law determined by the conflict of laws rules, which it considers applicable.
(c) The arbitral tribunal shall decide ex aequo et bono or as amiable

compositeur only if the parties have expressly authorized it to do so.
(d) In all cases, the arbitral tribunal shall decide in accordance with the terms
of the contract and shall take into account the usages of the trade applicable to the
transaction.
Article 4.29. Decision-Making by Panel of Arbitrators. In arbitral

proceedings with more than one arbitrator, any decision of the arbitral tribunal shall
be made, unless otherwise agreed by the parties, by a majority of all its members.
However, questions of procedure may be decided by a presiding arbitrator, if so
authorized by the parties or all members of the arbitral tribunal.
Article 4.30. Settlement. If, during arbitral proceedings, the parties settle the
dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the
parties and not objected to by the arbitral tribunal, record the settlement in the form of
an arbitral award on agreed terms.
An award on agreed terms shall be made in accordance with the provisions of

Article 4.31 (Form and Contents of Award), and shall state that it is an award. Such
an award has the same status and effect as any other award on the merits of the
case.
Article 4.31. Form and Contents of Award. (a) The award shall be made in
writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with
more than one arbitrator, the signatures of the majority of all members of the arbitral
tribunal shall suffice, provided that the reason for any omitted signature is stated.
(b) The award shall state the reasons upon which it is based, unless the
parties have agreed that no reasons are to be given or the award is an award on
agreed terms under paragraph (a) of Article 4.20 (Place of Arbitration).
(c) The award shall state its date and the place of arbitration as determined in
accordance with paragraph (a) of this Article. The award shall be deemed to have
been made at that place.
(d) After the award is made, a copy signed by the arbitrators in accordance
with paragraph (a) of this Article shall be delivered to each party.
Article 4.32. Termination of Proceedings. (a) The arbitral proceedings are

terminated by the final award or by an order of the arbitral tribunal in accordance with
paragraph (b) of this Article.
(b) The arbitral tribunal shall issue an order for the termination of the arbitral
proceedings when:
(i) The claimant withdraws his/her/its claim, unless the respondent objects
thereto and the arbitral tribunal recognized a legitimate interest on
his/her/its part in obtaining a final settlement of the dispute;
(ii) The parties agree on the termination of the proceedings;

(iii) The arbitral tribunal finds that the continuation of the proceedings has
for any other reason become unnecessary or impossible.
(c) The mandate of the arbitral tribunal ends with the termination of the
arbitral proceedings, subject to the provisions of Articles 4.33 (Correction and
Interpretation of Award, Additional Award) and paragraph (d) of Article 4.34
(Application for Setting Aside an Exclusive Recourse against Arbitral Award).
(d) Notwithstanding the foregoing, the arbitral tribunal may, for special
reasons, reserve in the final award or order, a hearing to quantify costs and
determine which party shall bear the costs or the division thereof as may be
determined to be equitable. Pending determination of this issue, the award shall not
be deemed final for purposes of appeal, vacation, correction, or any post-award
proceedings.
Article 4.33. Correction and Interpretation of Award, Additional Award.

(a) Within thirty (30) days from receipt of the award, unless another period of time
has been agreed upon by the parties:
(i) A party may, with notice to the other party, request the arbitral tribunal
to correct in the award any errors in computation, any clerical or
typographical errors or any errors of similar nature;
(ii) A party may, if so agreed by the parties and with notice to the other
party, request the arbitral tribunal to give an interpretation of a specific
point or part of the award.
(b) If the arbitral tribunal considers the request to be justified, it shall make the
correction or give the interpretation within thirty (30) days from receipt of the request.
The interpretation shall form part of the award.
(c) The arbitral tribunal may correct any error of the type referred to in
paragraph (a) of this Article on its own initiative within thirty (30) days from the date of
the award.
(d) Unless otherwise agreed by the parties, a party may, with notice to the
other party, request, within thirty (30) days of receipt of the award, the arbitral tribunal
to make an additional award as to claims presented in the arbitral proceedings but
omitted from the award. If the arbitral tribunal considers the request to be justified, it
shall make the additional award within sixty (60) days.
(e) The arbitral tribunal may extend, if necessary, the period of time within
which it shall make a correction, interpretation or an additional award under
paragraphs (a) and (b) of this Article.
(f) The provisions of Article 4.31 (Form and Contents of Award) shall apply to
a correction or interpretation of the award or to an additional award.
Article 4.34. Application for Setting Aside an Exclusive Recourse

against Arbitral Award. (a) Recourse to a court against an arbitral award may be
made only by an application for setting aside in accordance with second and third
paragraphs of this Article.
(b) An arbitral award may be set aside by the Regional Trial Court only if:

(i) the party making the application furnishes proof that:
(aa) a party to the arbitration agreement was under some

incapacity; or the said agreement is not valid under the
law to which the parties have subjected it or, failing any
indication thereon, under the law of the Philippines; or
(bb) the party making the application was not given proper
notice of the appointment of an arbitrator or of the arbitral
proceedings or was otherwise unable to present his case;
or
(cc) the award deals with a dispute not contemplated by or not

falling within the terms of the submission to arbitration, or
contains decisions on matters beyond the scope of the
submission to arbitration, provided that, if the decisions on
matters submitted to arbitration can be separated from
those not so submitted, only the part of the award which
contains decisions on matters not submitted to arbitration
may be set aside; or
(dd) the composition of the arbitral tribunal or the arbitral

procedure was not in accordance with the agreement of
the parties, unless such agreement was in conflict with a
provision of ADR Act from which the parties cannot
derogate, or, failing such agreement, was not in
accordance with ADR Act; or
(ii) the Court finds that:
(aa) the subject-matter of the dispute is not capable of

settlement by arbitration under the law of the Philippines;
or
(bb) the award is in conflict with the public policy of the

Philippines.
(c) An application for setting aside may not be made after three months have
elapsed from the date on which the party making that application had received the
award or, if a request had been made under Article 4.33 (Correction and
Interpretation of Award, Additional Award) from the date on which that request has
been disposed of by the Arbitral Tribunal.
(d) The court, when asked to set aside an award, may, where appropriate and
so requested by a party, suspend the setting aside proceedings for a period of time
determined by it in order to give the arbitral tribunal an opportunity to resume the
arbitral proceedings or to take such other action as in the arbitral tribunal's opinion
will eliminate the grounds for setting aside.
(e) A party may bring a petition under this Article before the court in
accordance with the Special ADR Rules.

RULE 6 - Recognition and Enforcement of Awards
Article 4.35. Recognition and Enforcement. (a) A foreign arbitral award

shall be recognized as binding and, upon petition in writing to the Regional Trial
Court, shall be enforced subject to the provisions of this Article and of Article 4.36
(Grounds for Refusing Recognition or Enforcement).
(b) The petition for recognition and enforcement of such arbitral awards shall
be filed with the Regional Trial Court in accordance with the Special ADR Rules.
(i) Convention Award - The New York Convention shall govern the
recognition and enforcement of arbitral awards covered by said
Convention.
The petitioner shall establish that the country in which the foreign
arbitration award was made is a party to the New York Convention.
(ii) Non-Convention Award - The recognition and enforcement of foreign

arbitral awards not covered by the New York Convention shall be
done in accordance with procedural rules to be promulgated by the
Supreme Court. The court may, on grounds of comity and reciprocity,
recognize and enforce a non-convention award as a convention
award.
(c) The party relying on an award or applying for its enforcement shall file with
the Regional Trial Court the original or duly authenticated copy of the award and the
original arbitration agreement or a duly authenticated copy thereof. If the award or
agreement is not made in an official language of the Philippines, the party shall
supply a duly certified translation thereof into such language.
(d) A foreign arbitral award when confirmed by a court of a foreign country,

shall be recognized and enforced as a foreign arbitral award and not as a judgment
of a foreign court.
(e) A foreign arbitral award when confirmed by the Regional Trial Court, shall
be enforced in the same manner as final and executory decisions of courts of law of
the Philippines.
(f) If the Regional Trial Court has recognized the arbitral award but an
application for (rejection and/or) suspension of enforcement of that award is
subsequently made, the Regional Trial Court may, if it considers the application to be
proper, vacate or suspend the decision to enforce that award and may also, on the
application of the party claiming recognition or enforcement of that award, order the
other party seeking rejection or suspension to provide appropriate security.
Article 4.36. Grounds for Refusing Recognition or Enforcement.
A. CONVENTION AWARD.
Recognition or enforcement of an arbitral award, made in a state, which is a

party to the New York Convention, may be refused, at the request of the party
against whom it is invoked, only if the party furnishes to the Regional Trial Court
proof that:

(a) The parties to the arbitration agreement were, under the law applicable
to them, under some incapacity; or the said agreement is not valid under
the law to which the parties have subjected it or, failing any indication
thereon, under the law of the country where the award was made; or
(b) the party against whom the award is invoked was not given proper notice
of the appointment of an arbitrator or of the arbitral proceedings or was
otherwise unable to present his case; or
(c) the award deals with a dispute not contemplated by or not falling within
the terms of the submission to arbitration, or it contains decisions on
matters beyond the scope of the submission to arbitration, provided that,
if the decisions on matters submitted to arbitration can be separated from
those not so submitted, that part of the award which contains decisions
on matters submitted to arbitration may be recognized and enforced; or
(d) the composition of the arbitral tribunal or the arbitral procedure was not in
accordance with the agreement of the parties or, failing such agreement,
was not in accordance with the law of the country where the arbitration
took place; or
(e) the award has not yet become binding on the parties or has been set
aside or suspended by a court of the country in which, or under the law
of which, that award was made.
Recognition and enforcement of an arbitral award may also be refused if the

Regional Trial Court where recognition and enforcement is sought finds that:
(a) the subject-matter of the dispute is not capable of settlement by

arbitration under the law of the Philippines; or
(b) the recognition or enforcement of the award would be contrary to the

public policy of the Philippines.
A party to a foreign arbitration proceeding may oppose an application for

recognition and enforcement of the arbitral award in accordance with the Special
ADR Rules only on the grounds enumerated under paragraphs (a) and (c) of Article
4.35 (Recognition and Enforcement). Any other ground raised shall be disregarded
by the Regional Trial Court.
B. NON-CONVENTION AWARD.
(a) A foreign arbitral award rendered in a state which is not a party to the New
York Convention will be recognized upon proof of the existence of comity and
reciprocity and may be treated as a convention award. If not so treated and if no
comity or reciprocity exists, the non-convention award cannot be recognized and/or
enforced but may be deemed as presumptive evidence of a right as between the
parties in accordance with Section 48 of Rule 39 of the Rules of Court.
(b) If the Regional Trial Court has recognized the arbitral award but a petition
for suspension of enforcement of that award is subsequently made, the Regional
Trial Court may, if it considers the petition to be proper, suspend the proceedings to
enforce the award, and may also, on the application of the party claiming recognition

or enforcement of that award, order the other party seeking suspension to provide
appropriate security.
(c) If the petition for recognition or enforcement of the arbitral award is filed by
a party and a counter-petition for the rejection of the arbitral award is filed by the
other party, the Regional Trial Court may, if it considers the counter-petition to be
proper but the objections thereto may be rectified or cured, remit the award to the
arbitral tribunal for appropriate action and in the meantime suspend the recognition
and enforcement proceedings and may also on the application of the petitioner order
the counter-petitioner to provide appropriate security.
Article 4.37. Appeal from Court Decision on Arbitral Awards. A decision

of the Regional Trial Court recognizing, enforcing, vacating or setting aside an
arbitral award may be appealed to the Court of Appeals in accordance with the rules
of procedure to be promulgated by the Supreme Court.
The losing party who appeals from the judgment of the court recognizing and
enforcing an arbitral award shall be required by the Court of Appeals to post a
counter-bond executed in favor of the prevailing party equal to the amount of the
award in accordance with the Special ADR Rules.
Any stipulation by the parties that the arbitral tribunal's award or decision shall
be final, and therefore not appealable, is valid. Such stipulation carries with it a
waiver of the right to appeal from an arbitral award but without prejudice to judicial
review by way of certiorari under Rule 65 of the Rules of Court.
Article 4.38. Venue and Jurisdiction. Proceedings for recognition and

enforcement of an arbitration agreement or for vacation or setting aside of an arbitral
award, and any application with a court for arbitration assistance and supervision,
except appeal, shall be deemed as special proceedings and shall be filed with the
Regional Trial Court where:
(a) the arbitration proceedings are conducted;
(b) where the asset to be attached or levied upon, or the act to be enjoined is
located;
(c) where any of the parties to the dispute resides or has its place of
business; or
(d) in the National Capital Judicial Region at the option of the applicant.
Article 4.39. Notice of Proceedings to Parties. In a special proceeding for

recognition and enforcement of an arbitral award, the court shall send notice to the
parties at their address of record in the arbitration, or if any party cannot be served
notice at such address, at such party's last known address. The notice shall be sent
at least fifteen (15) days before the date set for the initial hearing of the application.
Article 4.40. Legal Representation in International Commercial

Arbitration. In international commercial arbitration conducted in the Philippines, a
party may be represented by any person of his/her/its choice: Provided, that such
representative, unless admitted to the practice of law in the Philippines, shall not be
authorized to appear as counsel in any Philippine court or any other quasi-judicial
body whether or not such appearance is in relation to the arbitration in which he/she
appears.

Article 4.41. Confidentiality of Arbitration Proceedings. The arbitration
proceedings, including the records, evidence and the arbitral award, shall be
considered confidential and shall not be published except:
(a) with the consent of the parties; or
(b) for the limited purpose of disclosing to the court relevant documents in
cases where resort to the court is allowed herein.
Provided, however, that the court in which the action or the appeal is pending
may issue a protective order to prevent or prohibit disclosure of documents or
information containing secret processes, developments, research and other
information where it is shown that the applicant shall be materially prejudiced by an
authorized disclosure thereof.
Article 4.42. Summary Nature of Proceedings before the Court. A petition

for recognition and enforcement of awards brought before the court shall be heard
and dealt with summarily in accordance with the Special ADR Rules.
Article 4.43. Death of a Party. Where a party dies after making a submission
or a contract to arbitrate as prescribed in these Rules, the proceeding maybe begun
or continued upon the application of, or notice to, his/her executor or administrator, or
temporary administrator of his/her estate. In any such case, the court may issue an
order extending the time within which notice of a motion to recognize or vacate an
award must be served. Upon recognizing an award, where a party has died since it
was filed or delivered, the court must enter judgment in the name of the original
party; and the proceedings thereupon are the same as where a party dies after a
verdict.
Article 4.44. Multi-Party Arbitration. When a single arbitration involves

more than two parties, the foregoing rules, to the extent possible, shall be used,
subject to such modifications consistent with this Chapter as the arbitral tribunal shall
deem appropriate to address possible complexities of a multi-party arbitration.
Article 4.45. Consolidation of Proceedings and Concurrent Hearings.

The parties and the arbitral tribunal may agree -
(a) that the arbitration proceedings shall be consolidated with other arbitration
proceedings; or
(b) that concurrent hearings shall be held, on such terms as may be agreed.
Unless the parties agree to confer such power on the arbitral tribunal, the
tribunal has no power to order consolidation of arbitration proceedings or concurrent
hearings.
Article 4.46. Costs. (a) The arbitral tribunal shall fix the costs of arbitration in
its award. The term "costs" include only:
(i) The fees of the arbitral tribunal to be stated separately as to each

arbitrator and to be fixed by the tribunal itself in accordance with the
paragraph (b) of this Article;
(ii) The travel and other expenses incurred by the arbitrators;

(iii) The costs of expert advice and of other assistance required by the
arbitral tribunal;
(iv) The travel and other expenses of witnesses to the extent such
expenses are approved by the arbitral tribunal;
(v) The costs for legal representation and assistance of the successful
party if such costs were claimed during the arbitral proceedings, and
only to the extent that the arbitral tribunal determines that the amount
of such costs is reasonable;
(vi) Any fees and expenses of the appointing authority.
(b) The fees of the arbitral tribunal shall be reasonable in amount, taking into
account the amount in dispute, the complexity of the subject matter, the time spent
by the arbitrators and any other relevant circumstances of the case.
If an appointing authority has been agreed upon by the parties and if such
authority has issued a schedule of fees for arbitrators in international cases which it
administers, the arbitral tribunal in fixing its fees shall take that schedule of fees into
account to the extent that it considers appropriate in the circumstances of the case.
If such appointing authority has not issued a schedule of fees for arbitrators in
international cases, any party may, at any time request the appointing authority to
furnish a statement setting forth the basis for establishing fees which is customarily
followed in international cases in which the authority appoints arbitrators. If the
appointing authority consents to provide such a statement, the arbitral tribunal, in
fixing its fees, shall take such information into account to the extent that it considers
appropriate in the circumstances of the case.
(c) In cases referred to in the second and third sub-paragraphs of paragraph

(b) of this Article, when a party so requests and the appointing authority consents to
perform the function, the arbitral tribunal shall fix its fees only after consultation with
the appointing authority which may make any comment it deems appropriate to the
arbitral tribunal concerning the fees.
(d) Except as provided in the next sub-paragraph of this paragraph, the costs
of arbitration shall, in principle, be borne by the unsuccessful party. However, the
arbitral tribunal may apportion each of such costs between the parties if it determines
that apportionment is reasonable, taking into account the circumstances of the case.
With respect to the costs of legal representation and assistance referred to in

paragraph (c) of paragraph (a) (iii) of this Article, the arbitral tribunal, taking into
account the circumstances of the case, shall be free to determine which party shall
bear such costs or may apportion such costs between the parties if it determines that
appointment is reasonable.
When the arbitral tribunal issues an order for the termination of the arbitral
proceedings or makes an award on agreed terms, it shall fix the costs of arbitration
referred to in paragraphs (b), (c) and (d) of this Article in the context of that order or
award.

(e) The arbitral tribunal, on its establishment, may request each party to
deposit an equal amount as an advance for the costs referred to in paragraphs (i), (ii)
and (iii) of paragraph (a) of this Article.
During the course of the arbitral proceedings, the arbitral tribunal may request
supplementary deposits from the parties.
If an appointing authority has been agreed upon by the parties and when a
party so requests and the appointing authority consents to perform the function, the
arbitral tribunal shall fix the amounts of any deposits or supplementary deposits only
after consultation with the appointing authority which may make any comments to the
arbitral tribunal which it deems appropriate concerning the amount of such deposits
and supplementary deposits.
If the required deposits are not paid in full within thirty (30) days after receipt
of the request, the arbitral tribunal shall so inform the parties in order that the
required payment may be made. If such payment is not made, the arbitral tribunal
may order the suspension or termination of the arbitral proceedings.
After the award has been made, the arbitral tribunal shall render an
accounting to the parties of the deposits received and return any unexpended
balance to the parties.
CHAPTER 5
DOMESTIC ARBITRATION
Article 5.1. Scope of Application. (a) Domestic arbitration, which is not

international as defined in paragraph C'8 of Article 1.6 shall continue to be governed
by Republic Act No. 876, otherwise known as "The Arbitration Law", as amended by
the ADR Act. Articles 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of the Model Law
and Sections 22 to 31 of the ADR Act are specifically applicable to domestic
arbitration.
In the absence of a specific applicable provision, all other rules applicable to

international commercial arbitration may be applied in a suppletory manner to
domestic arbitration.
(b) This Chapter shall apply to domestic arbitration whether the dispute is
commercial, as defined in Section 21 of the ADR Act, or non-commercial, by an
arbitrator who is a private individual appointed by the parties to hear and resolve their
dispute by rendering an award; Provided that, although a construction dispute may
be commercial, it shall continue to be governed by E.O. NO.1 008, s.1985 and the
rules promulgated by the Construction Industry Arbitration Commission.
(c) Two or more persons or parties may submit to arbitration by one or more
arbitrators any controversy existing between them at the time of the submission and
which may be the subject of an action; or the parties to any contract may in such
contract agree to settle by arbitration a controversy thereafter arising between them.
Such submission or contract shall be valid, enforceable and irrevocable, save upon
such grounds as exist at law for the revocation of any contract.
36

Such submission or contract may include questions arising out of valuations,
appraisals or other controversies which may be collateral, incidental, precedent or
subsequent to any dispute between the parties.
A controversy cannot be arbitrated where one of the parties to the

controversy is an infant, or a person judicially declared to be incompetent, unless the
appropriate court having jurisdiction approved a petition for permission to submit
such controversy to arbitration made by the general guardian or guardian ad litem of
the infant or of the incompetent.
But where a person capable of entering into a submission or contract has

knowingly entered into the same with a person incapable of so doing, the objection
on the ground of incapacity can be taken only in behalf of -the person so
incapacitated.
Article 5.2. Delivery and Receipt of Written Communications. (a) Except

as otherwise agreed by the parties, a written communication from one party to the
other or to the arbitrator or to an arbitration institution or from the arbitrator or
arbitration institution to the parties shall be delivered to the addressee personally, by
registered mail or by courier service. Such communication shall be deemed to have
been received on the date it is delivered at the addressee's address of record, place
of business, residence or last known address. The communication, as appropriate,
shall be delivered to each party to the arbitration and to each arbitrator, and, in
institutional arbitration, one copy to the administering institution.
(b) During the arbitration proceedings, the arbitrator may order a mode of
delivery and a rule for receipt of written communications different from that provided
in paragraph (a) of this Article.
(c) If a party is represented by counselor a representative, written

communications for that party shall be delivered to the address of record of such
counselor representative.
(d) Except as the parties may agree or the arbitrator may direct otherwise, a
written communication may be delivered by electronic mail or facsimile transmission
or by such other means that will provide a record of the sending and receipt thereof
at the recipient's mailbox (electronic inbox). Such communication shall be deemed to
have been received on the same date of its transmittal and receipt in the mailbox
(electronic inbox).
Article 5.3. Waiver of Right to Object. (a) A party shall be deemed to have
waived his right to object to non-compliance with any non-mandatory provision of
these Rules (from which the parties may derogate) or any requirement under the
arbitration agreement when:
(i) he/she/it knows of such non-compliance; and
(ii) proceeds with the arbitration without stating his/her/its objections to

such non-compliance without undue delay or if a time-limit is provided
therefor, within such period of time.
(b) If an act is required or allowed to be done under this Chapter, unless the
applicable rule or the agreement of the parties provides a different period for the act
to be done, it shall be done within a period of thirty (30) days from the date when
such act could have been done with legal effect.

Article 5.4. Extent of Court Intervention. In matters governed by this
Chapter, no court shall inteNene except in accordance with the Special ADR Rules.
Article 5.5. Court or Other Authority for Certain Functions of Arbitration

Assistance and Supervision. The functions referred to in paragraphs (c) and (d) of
Article 5.10 (Appointment of Arbitrators), paragraph (a) of Article 5.11 (Grounds for
Challenge), and paragraph (a) of Article 5.13 (Failure or Impossibility to Act), shall
be performed by the appointing authority, unless the latter shall fail or refuse to act
within thirty (30) days from receipt of the request in which case, the applicant may
renew the application with the court.
RULE 2 - Arbitration Agreement
Article 5.6. Form of Arbitration Agreement. An arbitration agreement shall

be in writing. An agreement is in writing if it is contained in a document signed by the
parties or in an exchange of letters, telex, telegrams or other means of
telecommunication which provide a record of the agreement, or in an exchange of
statements of claim and defense in which the existence of an agreement is alleged
by one party and not denied by the other. The reference in a contract to a document
containing an arbitration clause constitutes an arbitration agreement provided that
the contract is in writing and the reference is such as to make that clause part of the
contract.
Article 5.7. Arbitration Agreement and Substantive Claim Before Court.

(a) A party to an action may request the court before which it is pending to stay the
action and to refer the dispute to arbitration in accordance with their arbitration
agreement not later than the pre-trial conference. Thereafter, both parties may make
a similar request with the court. The parties shall be referred to arbitration unless the
court finds that the arbitration agreement is null and void, inoperative or incapable of
being performed.
(b) Where an action referred to in paragraph (a) of this Article has been
brought, arbitral proceedings may nevertheless be commenced or continued, and an
award may be made, while the issue is pending before the court.
(c) Where the action is commenced by or against multiple parties, one or

more of whom are parties to an arbitration agreement, the court shall refer to
arbitration those parties who are bound by the arbitration agreement although the
civil action may continue as to those who are not bound by such arbitration
agreement.
Article 5.8. Arbitration Agreement and Interim Measures by Court. (a) It

is not incompatible with an arbitration agreement for a party to request from a court,
before the constitution of the arbitral tribunal or during arbitral proceedings, an interim
measure of protection and for a court to grant such measure.
(b) After the constitution of the arbitral tribunal and during arbitral
proceedings, a request for an interim measure of protection, or modification thereof,
may be made with the arbitral tribunal or to the extent that the arbitral tribunal has no
power to act or is unable to act effectively, the request may be made with the court.
(c) The following rules on interim or provisional relief shall be obseNed:
38

(i) Any party may request that interim or provisional relief be granted
(dd) To compel any other appropriate act or omissions.
(iv) Interim or provisional relief is requested by written application

transmitted by reasonable means to the arbitral tribunal and the party
against whom relief is sought, describing in appropriate detail of the
precise relief, the party against whom the relief is requested, the
ground for the relief, and the evidence supporting the request.
(vi) Either party may apply with the court for assistance in implementing
or enforcing an interim measure ordered by an arbitral tribunal.
reasonable attorney's fees, paid in obtaining the order's judicial
enforcement.
(d) Unless otherwise agreed by the parties, the arbitral tribunal may, at the
request of a party, order any party to take such interim measures of protection as the
arbitral tribunal may consider necessary in respect of the subject matter of the
dispute following the Rules in this Article. Such interim measures may include but
shall not be limited to preliminary injunction directed against a party, appointment of
receivers or detention, preservation, inspection of property that is the subject of the
dispute in arbitration. Either party may apply with the court for assistance in
implementing or enforcing an interim measure ordered by an arbitral tribunal.
RULE 3. Composition of Arbitral Tribunal
Article 5.9. Number of Arbitrators. The parties are free to determine the
number of arbitrators. Failing such determination, the number of arbitrators shall be
three (3).
Article 5.10. Appointment of Arbitrators. (a) Any person appointed to serve

as an arbitrator must be of legal age, in full enjoyment of his/her civil rights and
knows how to read and write. No person appointed to serve as an arbitrator shall be
related by blood or marriage within the sixth degree to either party to the controversy.
No person shall serve as an arbitrator in any proceeding if he/she has or has had
financial, fiduciary or other interest in the controversy or cause to be decided or in the

result of the proceeding, or has any personal bias, which might prejudice the right of
any party to a fair and impartial award.
No party shall select as an arbitrator any person to act as his/her champion or

to advocate his/her cause.
(b) The parties are free to agree on a procedure of appointing the arbitrator or
arbitrators. If, in the contract for arbitration or in the submission, a provision is made
for a method of appointing an arbitrator or arbitrators, such method shall be followed.
(c) Failing such agreement,
(i) in an arbitration with three (3) arbitrators, each party shall appoint one
(1) arbitrator, and the two (2) arbitrators thus appointed shall appoint
the third arbitrator; if a party fails to appoint the arbitrator within thirty
(30) days of receipt of a request to do so from the other party, or if the
two arbitrators fail to agree on the third arbitrator within thirty (30) days
of their appointment, the appointment shall be made, upon request of a
party, by the appointing authority;
(ii) in an arbitration with a sole arbitrator, if the parties are unable to agree
on the arbitrator, he/she shall be appointed, upon request of a party, by
the appointing authority.
(d) Where, under an appointment procedure agreed upon by the parties,
(i) a party fails to act or appoint an arbitrator as required under such

procedure, or
(ii) the parties, or two (2) arbitrators, are unable to appoint an arbitrator or
reach an agreement expected of them under such procedure, or
(iii) a third party, including an institution, fails to appoint an arbitrator or to

perform any function entrusted to it under such procedure, or
(iv) The multiple claimants or the multiple respondents is/are unable to

appoint its/their respective arbitrator,
any party may request the appointing authority to appoint an arbitrator.
In making the appointment, the appointing authority shall summon the parties
and their respective counsel to appear before said authority on the date, time and
place set by it, for the purpose of selecting and appointing a sole arbitrator. If a sole
arbitrator is not appointed in such meeting, or the meeting does not take place
because of the absence of either or both parties despite due notice, the appointing
authority shall appoint the sole arbitrator.
(e) If the default appointment of an arbitrator is objected to by a party on

whose behalf the default appointment is to be made, and the defaulting party
requests the appointing authority for additional time to appoint his/her arbitrator, the
appointing authority, having regard to the circumstances, may give the requesting
party not more than thirty (30) days to make the appointment.
If the objection of a party is based on the ground that the party did not fail to
choose and appoint an arbitrator for the arbitral tribunal, there shall be attached to

the objection the appointment of an arbitrator together with the latter's acceptance
thereof and curriculum vitae. Otherwise, the appointing authority shall appoint the
arbitrator for that party.
(f) In making a default appointment, the appointing authority shall have regard
to such considerations as are likely to secure the appointment of an independent and
impartial arbitrator. In order to achieve speedy and impartial justice and to moderate
the cost of arbitration, in choosing an arbitrator, the appointing authority shall give
preference to a qualified person who has a place of residence or business in the
same general locality as the agreed venue of the arbitration and who is likely to
accept the arbitrator's fees agreed upon by the parties, or as fixed in accordance
either with the internal guidelines or the Schedule of Fees approved by the
administering institution or by the appointing authority.
(g) The appointing authority shall give notice in writing to the parties of the
appointment made or its inability to comply with the Request for Appointment and the
reasons why it is unable to do so, in which later case, the procedure described under
Article 5.5 (Court or Other Authority for Certain Functions of arbitration Assistance
and Supervision) shall apply.
(h) A decision on a matter entrusted by this Article to the appointing authority

shall be immediately executory and not subject to appeal or motion for
reconsideration. The appointing authority shall be deemed to have been given by the
parties discretionary authority in making the appointment but in doing so, the
appointing authority shall have due regard to any qualification or disqualification of an
arbitrator/s under paragraph (a) of Article 5.10 (Appointment of Arbitrators) as well as
any qualifications required of the arbitrator/s by the agreement of the parties and to
such considerations as are likely to secure the appointment of an independent and
impartial arbitrator.
(i) The chairman of the arbitral tribunal shall be selected in accordance with
the agreement of the parties and/or the rules agreed upon or, in default thereof, by
the arbitrators appointed.
U) Any clause giving one of the parties the power to choose more arbitrators
than the other is void. However, the rest of the agreement, if otherwise valid, shall be
construed as permitting the appointment of one (1) arbitrator by all claimants and one
(1) arbitrator by all respondents. The third arbitrator shall be appointed as provided
above.
If all the claimants or all the respondents cannot decide among themselves
on an arbitrator, the appointment shall be made for them by the appointing authority.
(k) The appointing authority may adopt Guidelines for the making of a
Request for Appointment.
(I) Except as otherwise provided in the Guidelines of the appointing authority,

if any, a Request for Appointment shall include, as applicable, the following:
(i) the demand for arbitration;
(ii) the name/s and curricula vitae of the appointed arbitrator/s;
(iii) the acceptance of his/herlits appointment of the appointed arbitrator/s;

(iv) any qualification or disqualification of the arbitrator as provided in the
(v) an executive summary of the dispute which should indicate the nature
of the dispute and the parties thereto;
(vi) principal office and officers of a corporate party;
(vii) the person/s appearing as counsel for the party/ies; and
(viii) information about arbitrator's fees where there is an agreement

between the parties with respect thereto.
In institutional arbitration, the request shall include such further information or

particulars as the administering institution shall require.
(m) A copy of the Request for Appointment shall be delivered to the adverse
party. Proof of such delivery shall be included in, and shall form part of, the Request
for Appointment filed with the appointing authority.
(n) A party upon whom a copy of the Request for Appointment is

communicated may, within seven (7) days of its receipt, file with the appointing
authority his/herlits objection/s to the Request or ask for an extension of time, not
exceeding thirty (30) days from receipt of the request, to appoint an arbitrator or act
in accordance with the procedure agreed upon or provided by these Rules.
Within the aforementioned periods, the party seeking the extension shall
provide the appointing authority and the adverse party with a copy of the appointment
of his/her arbitrator, the latter's curriculum vitae, and the latter's acceptance of the
appointment. In the event that the said party fails to appoint an arbitrator within said
period, the appointing authority shall make the default appointment.
(0) An arbitrator, in accepting an appointment, shall include, in his/her

acceptance letter, a statement that:
(i) he/she agrees to comply with the applicable law, the arbitration rules
agreed upon by the parties, or in default thereof, these Rules, and the
Code of Ethics for Arbitrators in Domestic Arbitration, if any;
(ii) he/she accepts as compensation the arbitrator's fees agreed upon by

the parties or as determined in accordance with the rules agreed upon
by the parties, or in default thereof, these Rules; and
(iii) he agrees to devote as much time and attention to the arbitration as

the circumstances may require in order to achieve the objective of a
speedy, effective and fair resolution of the dispute.
Article 5.11. Grounds for Challenge. (a) When a person is approached in

connection with his/her possible appointment as an arbitrator, he/she shall disclose
any circumstance likely to give rise to justifiable doubts as to his/her impartiality,
independence, qualifications and disqualifications. An arbitrator, from the time of
his/her appointment and throughout the arbitral proceedings, shall, without delay,
disclose any such circumstances to the parties unless they have already been
informed of them by him/her.
42

A person, who is appointed as an arbitrator notwithstanding the disclosure
made in accordance with this Article, shall reduce the disclosure to writing and
provide a copy of such written disclosure to all parties in the arbitration.
(b) An arbitrator may be challenged only if:
(i) circumstances exist that give rise to justifiable doubts as to his/her

impartiality or independence;
(ii) he/she does not possess qualifications as provided for in this Chapter
or those agreed to by the parties;
(iii) he/she is disqualified to act as arbitration under these Rules;
(iv) he refuses to respond to questions by a party regarding the nature

and extent of his professional dealings with a party or its counsel.
(c) If, after appointment but before or during hearing, a person appointed to
serve as an arbitrator shall discover any circumstance likely to create a presumption
of bias, or which he/she believes might disqualify him/her as an impartial arbitrator,
the arbitrator shall immediately disclose such information to the parties. Thereafter,
the parties may agree in writing:
(i) to waive the presumptive disqualifying circumstances; or
(ii) to declare the office of such arbitrator vacant. Any such vacancy shall
be filled in the same manner the original appointment was made.
(d) After initial disclosure is made and in the course of the arbitration
proceedings, when the arbitrator discovers circumstances that are likely to create a
presumption of bias, he/she shall immediately disclose those circumstances to the
parties. A written disclosure is not required where it is made during the arbitration
and it appears in a written record of the arbitration proceedings.
(e) An arbitrator who has or has had financial or professional dealings with a
party to the arbitration or to the counsel of either party shall disclose in writing such
fact to the parties, and shall, in good faith, promptly respond to questions from a
party regarding the nature, extent and age of such financial or professional dealings.
Article 5.12. Challenge Procedure. (a) The parties are free to agree on a
procedure for challenging an arbitrator, subject to the provisions of paragraph (c) of
this Article.
(b) Failing such agreement, a party who intends to challenge an arbitrator

shall, within fifteen (15) days after becoming aware of the constitution of the arbitral
tribunal or after becoming aware of any circumstance referred to in paragraph (b) of
Article 5.11 (Grounds for Challenge), send a written statement of the reasons for the
challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from
his/her office or the other party agrees to the challenge, the arbitral tribunal shall
decide on the challenge.
(c) If a challenge under any procedure agreed upon by the parties or under
the procedure of paragraph (b) of this Article is not successful, the challenging party
may request the appointing authority, within thirty (30) days after having received
43

notice of the decision rejecting the challenge, to decide on the challenge, which
decision shall be immediately executory and not subject to appeal or motion for
reconsideration. While such a request is pending, the arbitral tribunal, including the
challenged arbitrator, may continue the arbitral proceedings and make an award.
(d) If a request for inhibition is made, it shall be deemed as a challenge.
(e) A party may challenge an arbitrator appointed by him/her/it, or in whose

appointment he/she/it has participated, only for reasons of which he/she/it becomes
aware after the appointment has been made.
(f) The challenge shall be in writing and it shall state specific facts that
provide the basis for the ground relied upon for the challenge. A challenge shall be
made within fifteen (15) days from knowledge by a party of the existence of a ground
for a challenge or within fifteen (15) days from the rejection by an arbitrator of a
party's request for his/her inhibition.
(g) Within fifteen (15) days of receipt of the challenge, the challenged
arbitrator shall decide whether he/she shall accept the challenge or reject it. If he/she
accepts the challenge, he/she shall voluntarily withdraw as arbitrator. If he/she
rejects it, he/she shall communicate, within the same period of time, his/her rejection
of the challenge and state the facts and arguments relied upon for such rejection.
(h) An arbitrator who does not accept the challenge shall be given an
opportunity to be heard.
(i) Notwithstanding the rejection of the challenge by the arbitrator, the parties
may, within the same fifteen (15) day period, agree to the challenge.
U) In default of an agreement of the parties to agree on the challenge thereby

replacing the arbitrator, the arbitral tribunal shall decide on the challenge within thirty
(30) days from receipt of the challenge.
(k) If the challenge procedure as agreed upon by the parties or as provided in

this Article is not successful, or a party or the arbitral tribunal shall decline to act, the
challenging party may request the appointing authority in writing to decide on the
challenge within thirty (30) days after having received notice of the decision rejecting
the challenge. The appointing authority shall decide on the challenge within fifteen
(15) days from receipt of the request. If the appointing authority shall fail to act on
the challenge within thirty (30) days from the date of its receipt or within such further
time as it may fix, with notice to the parties, the requesting party may renew the
request with the court.
The request made under this Article shall include the challenge, the reply or
explanation of the challenged arbitrator and relevant communication, if any, from
either party, or from the arbitral tribunal.
(I) Every communication required or agreement made under this Article in

respect of a challenge shall be delivered, as appropriate, to the challenged arbitrator,
to the parties, to the remaining members of the arbitral tribunal and to the institution
administering the arbitration, if any.
(m) A challenged arbitrator shall be replaced if:
(i) he/she withdraws as arbitrator, or

(ii) the parties agree in writing to declare the office of arbitrator vacant, or
(iii) the arbitral tribunal decides the challenge and declares the office of
the challenged arbitrator vacant, or
(iv) the appointing authority decides the challenge and declares the office
of the challenged arbitrator vacant, or
(v) in default of the appointing authority, the court decides the challenge
and declares the office of the challenged arbitrator
vacant.
(n) The decision of the parties, the arbitral tribunal, the appointing authority,
or in proper cases, the court, to accept or reject a challenge is not subject to appeal
or motion for reconsideration.
(0) Until a decision is made to replace the arbitrator under this Article, the
arbitration proceeding shall continue notwithstanding the challenge, and the
challenged arbitrator shall continue to participate therein as an arbitrator. However, if
the challenge incident is raised before the court, because the parties, the arbitral
tribunal or appointing authority failed or refused to act within the period provided in
paragraphs U) and (k) of this Article, the arbitration proceeding shall be suspended
until after the court shall have decided the incident. The arbitration shall be continued
immediately after the court has delivered an order on the challenging incident. If the
court agrees that the challenged arbitrator shall be replaced, the parties shall
immediately replace the arbitrator concerned.
(p) The appointment of a substitute arbitrator shall be made pursuant to the

procedure applicable to the appointment of the arbitrator being replaced.
Article 5.13. Failure or Impossibility to Act. (a) If an arbitrator becomes de

jure or de facto unable to perform his/her functions or for other reasons fails to act
without undue delay, his/her mandate terminates if he/she withdraws from his/her
office or if the parties agree on the termination. Otherwise, if a controversy remains
concerning any of these grounds, any party may request the appointing authority to
decide on the termination of the mandate, which decision shall be immediately
executory and not subject to appeal or motion for reconsideration.
(b) If, under this Article or Article 5.12 (Challenge Procedure), an arbitrator
withdraws from his/her office or a party agrees to the termination of the mandate of
an arbitrator, this does not imply acceptance of the validity of any ground referred to
in this Article or in Article 5.12.
Article 5.14. Appointment of Substitute Arbitrator. Where the mandate of

an arbitrator terminates under Articles 5.12 (Challenge Procedure) or 5.13 (Failure or
/mpossibility) or because of his withdrawal from office for any other reason or
because of the revocation of his mandate by agreement of the parties or in any other
case of termination of his/her mandate, a substitute arbitrator shall be appointed
according to the rules applicable to the appointment of the arbitrator being replaced.
RULE 4 - Jurisdiction of Arbitral Tribunal
Article 5.15. Competence of Arbitral Tribunal to Rule on its Jurisdiction.

(a) When a demand for arbitration made by a party to a dispute is objected to by the

adverse party, the arbitral tribunal shall, in the first instance, resolve the objection
when made on any of the following grounds:
(i) the arbitration agreement is inexistent, void, unenforceable or not

binding upon a person for any reason, including the fact that the
adverse party is not privy to said agreement; or
(ii) the dispute is not arbitrable or is outside the scope of the arbitration
agreement; or
(iii) the dispute is under the original and exclusive jurisdiction of a court
or quasi-judicial body,
(b) If a party raises any of the grounds for objection, the same shall not
preclude the appointment of the arbitrator/s as such issue is for the .arbitral tribunal to
decide.
The participation of a party in the selection and appointment of an arbitrator

and the filing of appropriate pleadings before the arbitral tribunal to question its
jurisdiction shall not be construed as a submission to the jurisdiction of the arbitral
tribunal or of a waiver of his/herlits right to assert such grounds to challenge the
jurisdiction of the arbitral tribunal or the validity of the resulting award.
(c) The respondent in the arbitration may invoke any of such grounds to
question before the court the existence, validity, or enforceability of the arbitration
agreement, or the propriety of the arbitration, or the jurisdiction of the arbitrator and
invoke the pendency of such action as ground for suspension of the arbitration
proceeding. The arbitral tribunal, having regard to the circumstances of the case, and
the need for the early and expeditious settlement of the dispute, in light of the facts
and arguments raised to question its jurisdiction, may decide either to suspend the
arbitration until the court has made a decision on the issue or continue with the
arbitration.
(d) If a dispute is, under an arbitration agreement, to be submitted to

arbitration, but before arbitration is commenced or while it is pending, a party files an
action before the court which embodies or includes as a cause of action the dispute
that is to be submitted to arbitration, the filing of such action shall not prevent the
commencement of the arbitration or the continuation of the arbitration until the award
is issued.

party, order any party to take such interim measures of protection as the arbitral
tribunal may consider necessary in respect of the subject matter of the dispute
following the rules in this Article. Such interim measures may include, but shall not be
limited to preliminary injunction directed against a party, appointment of receivers or
detention, preservation, inspection of property that is the subject of the dispute in
arbitration.
(b) After the constitution of the arbitral tribunal, and during arbitral
proceedings, a request for interim measures of protection, or modification thereof,
shall be made with the arbitral tribunal. The arbitral tribunal is deemed constituted
when the sole arbitrator or the third arbitrator, who has been nominated, has
accepted the nomination and written communication of said nomination and
acceptance has been received by the party making the request.

(i) Any party may request that provisional or interim relief be granted
(iv) Interim or provisional relief is requested by written application

transmitted by reasonable means to the arbitral tribunal and the party
against whom relief is sought, describing in appropriate detail the
precise relief, the party against whom the relief is requested, the
ground for the relief and the evidence supporting the request.
(vi) Either party may apply with the court for assistance in implementing or
enforcing an interim measure ordered by an arbitral tribunal.
reasonable attorney's fees paid in obtaining the order's judicial
enforcement.
RULE 5 - Conduct of Arbitral Proceedings
Article 5.17. Equal Treatment of Parties. The parties shall be treated with
equality and each party shall be given a full opportunity of presenting his/her/its case.
Article 5.18. Determination of Rules of Procedure. (a) Subject to the

provisions of these Rules, the parties are free to agree on the procedure to be
followed by the arbitral tribunal in conducting the proceedings.
(b) Failing such agreement, the arbitral tribunal may, subject to the provision
of the ADR Act, conduct the arbitration in such manner as it considers appropriate.
The power conferred upon the arbitral tribunal includes the power to determine
admissibility, relevance, materiality and weight of evidence.
Article 5.19. Place of Arbitration. (a) The parties are free to agree on the
place of arbitration. Failing such agreement, the place of arbitration shall be in Metro
Manila unless the arbitral tribunal, having regard to the circumstances of the case,
including the convenience of the parties, shall decide on a different place of
arbitration.

(b) The arbitral tribunal may, unless otherwise agreed by the parties, meet at
any place it considers appropriate for consultation among its members, for hearing
witnesses, experts or the parties, or for inspection of goods, other property or
documents.
Article 5.20. Commencement of Arbitral Proceedings. (a) Where there is a

prior arbitration agreement between the parties, arbitration is deemed commenced as
follows:
(i) In institutional arbitration, arbitration is commenced in accordance

with the arbitration rules of the institution agreed upon by the
parties.
(ii) In ad hoc arbitration, arbitration is commenced by the claimant

upon delivering to the respondent a demand for arbitration. A
demand may be in any form stating:
(aa) the name, address, and description of each of the parties;
(bb) a description of the nature and circumstances of the

dispute giving rise to the claim;
(cc) a statement of the relief sought, including the amount of

the claim;
(dd) the relevant agreements, if any, including the arbitration

agreement, a copy of which shall be attached; and
(ee) appointment of arbitrators and lor demand to appoint.
(b) If the arbitration agreement provides for the appointment of a sole

arbitrator, the demand shall include an invitation of the claimant to the respondent to
meet and agree upon such arbitrator at the place, time and date stated therein which
shall not be less than thirty (30) days from receipt of the demand.
(c) If the arbitration agreement provides for the establishment of an arbitral

tribunal of three (3) arbitrators, the demand shall name the arbitrator appointed by
the claimant. It shall include the curriculum vitae of the arbitrator appointed by the
claimant and the latter's acceptance of the appointment.
(d) Where there is no prior arbitration agreement, arbitration may be initiated

by one party through a demand upon the other to submit their dispute to arbitration.
Arbitration shall be deemed commenced upon the agreement by the other party to
submit the dispute to arbitration.
(e) The demand shall require the respondent to name his/her/its arbitrator
within a period which shall not be less than fifteen (15) days from receipt of the
demand. This period may be extended by agreement of the parties. Within said
period, the respondent shall give a written notice to the claimant of the appointment
of the respondent's arbitrator and attach to the notice the arbitrator's curriculum vitae
and the latter's acceptance of the appointment.
Article 5.21. Language. (a) The parties are free to agree on the language or
languages to be used in the arbitral proceedings. Failing such agreement, the

language to be used shall be English or Filipino. The language/s agreed, unless
otherwise specified therein, shall be used in all hearings and all written statements,
orders or other communication by the parties and the arbitral tribunal.
(b) The arbitral tribunal may order that any documentary evidence shall be
accompanied by a translation into the language or languages agreed upon by the
parties in accordance with paragraph (a) of this Article.
Article 5.22. Statements of Claim and Defense. (a) Within the period of
time agreed by the parties or determined by the arbitral tribunal, the claimant shall
state the facts supporting his/her claim, the points at issue and the relief or remedy
sought, and the respondent shall state his/her defense in respect of these particulars,
unless the parties may have otherwise agreed as to the required elements of such
statements. The parties may submit with their statements all documents they
consider to be relevant or may add a reference to the documents or other evidence
they will submit.
(b) Unless otherwise agreed by the parties, either party may amend or
supplement his/her/its claim or defense during the course of the arbitral proceedings,
unless the arbitral tribunal considers it inappropriate to allow such amendments
having regard to the delay in making it.
Article 5.23. Hearing and Written Proceedings. (a) In ad hoc arbitration,

the procedure determined by the arbitrator, with the agreement of the parties, shall
be followed. In institutional arbitration, the applicable rules of procedure of the
arbitration institution shall be followed. In default of agreement of the parties, the
arbitration procedure shall be as provided in this Chapter.
(b) Within thirty (30) days from the appointment of the arbitrator or the
constitution of an arbitral tribunal, the arbitral tribunal shall call the parties and their
respective counsels to a pre-hearing conference to discuss the following matters:
(i) The venue or place/s where the arbitration proceeding may be

conducted in an office space, a business center, a function room or
any suitable place agreed upon by the parties and the arbitral tribunal,
which may vary per session/hearing/conference;
(ii) The manner of recording the proceedings;
(iii) The periods for the communication of the statement of claims, answer
to the claims with or without counterclaims, and answer to the
counterclaim/s and the form and contents of such pleadings;
(iv) The definition of the issues submitted to the arbitral tribunal for
determination and the summary of the claims and counterclaims of the
parties;
(v) The manner by which evidence may be offered if an oral hearing is

required, the submission of sworn written statements in lieu of oral
testimony, the cross-examination and further examination of
witnesses;
(vi) The delivery of certain types of communications such as pleadings,

terms of reference, order granting interim relief, final award and the
like that, if made by electronic or similar means, shall require further

confirmation in the form of a hard copy or hard copies delivered
personally or by registered post;
(vii) The issuance of a subpoena or a subpoena duces tecum by the

arbitral tribunal to compel the production of evidence if either party
shall or is likely to request it;
(viii) The manner by which expert testimony will be received if a party will
or is likely to request the arbitral tribunal to appoint one or more
experts, and in such case, the period for the submission to the
arbitrator by the requesting party of the proposed terms of reference
for the expert, the fees to be paid, the manner of payment to the
expert and the deposit by the parties or of the requesting party of such
amount necessary to cover all expenses associated with the referral of
such issues to the expert before the expert is appointed;
(ix) The possibility of either party applying for an order granting interim
relief either with the arbitral tribunal or with the court, and, in such
case, the nature of the relief to be applied for;
(x) The possibility of a site or ocular inspection, the purpose of such

inspection, and in such case, the date, place and time of the
inspection and the manner of conducting it, and the sharing and
deposit of any associated fees and expenses;
(xi) The amount to be paid to the arbitral tribunal as fees and the
associated costs, charges and expenses of arbitration and the manner
and timing of such payments; and
(xii) Such other relevant matters as the parties and the arbitral tribunal
may consider necessary to provide for a speedy and efficient
arbitration of the dispute.
(c) To the extent possible, the arbitral tribunal and the parties shall agree
upon any such matters and in default of agreement, the arbitral tribunal shall have
the discretion and authority to make the decision, although in making a decision,
regard shall be given to the views expressed by both parties.
(d) The arbitral tribunal shall, in consultation with the parties, fix the date/s
and the time of hearing, regard being given to the desirability of conducting and
concluding an arbitration without undue delay.
(e) The hearing set shall not be postponed except with the conformity of the
arbitrator and the parties and only for a good and sufficient cause. The arbitral
tribunal may deny a request to postpone or to cancel a scheduled hearing on the
ground that a party has requested or is intending to request from the court or from
the arbitrator an order granting interim relief.
(f) A party may, during the proceedings, represent himself/herself/itself or be

represented or assisted by a representative as defined by these Rules.
(g) The hearing may proceed in the absence of a party who fails to obtain an
adjournment thereof or who, despite due notice, fails to be present, by
himself/herself/itself or through a representative, at such hearing.

(h) Only parties, their respective representatives, the witnesses and the
administrative staff of the arbitral tribunal shall have the right to be present during the
hearing, Any other person may be allowed by the arbitrator to be present if the
parties, upon being informed of the presence of such person and the reason for
his/her presence, interpose no objection thereto,
(i) Issues raised during the arbitration proceeding relating to (a) the
jurisdiction of the arbitral tribunal over one or more of the claims or counter-claims, or
(b) the arbitrability of a particular claim or counter-claim, shall be resolved by the
arbitral tribunal as threshold issues, if the parties so request, unless they are
intertwined with factual issues that they cannot be resolved ahead of the hearing on
the merits of the dispute.
U) Each witness shall, before giVing testimony, be required to take an

oath/affirmation before the arbitral tribunal, to tell the whole truth and nothing but the
truth during the hearing.
(k) The arbitral tribunal shall arrange for the transcription of the recorded
testimony of each witness and require each party to share the cost of recording and
transcription of the testimony of each witness.
(I) Each party shall provide the other party with a copy of each statement or
document submitted to the arbitral tribunal and shall have an opportunity to reply in
writing to the other party's statements and proofs.
(m) The arbitral tribunal may require the parties to produce such other
documents or provide such information as in its judgment would be necessary for it to
render a complete, fair and impartial award.
(n) The arbitral tribunal shall receive as evidence all exhibits submitted by a
party properly marked and identified at the time of submission.
(0) At the close of the hearing, the arbitral tribunal shall specifically inquire of
all parties whether they have further proof or witnesses to present; upon receiving a
negative reply, the arbitral tribunal shall declare the hearing closed,
(p) After a hearing is declared closed, no further motion or manifestation or

submission may be allowed except for post-hearing briefs and reply briefs that the
parties have agreed to submit within a fixed period after the hearing is declared
closed, or when the arbitral tribunal, motu proprio or upon request of a party, allows
the reopening of the hearing.
(q) Decisions on interlocutory matters shall be made by the sole arbitrator or

by the majority of the arbitral tribunal. The arbitral tribunal may authorize its chairman
to issue or release, on behalf of the arbitral tribunal, its decision on interlocutory
matters,
(r) Except as provided in Section 17 (d) of the ADR Act, no arbitrator shall act
as a mediator in any proceeding in which he/she is acting as arbitrator even if
requested by the parties; and all negotiations towards settlement of the dispute must
take place without the presence of the arbitrators.
(s) Before assuming the duties of his/her office, an arbitrator must be sworn
by any officer authorized by law to administer an oath or be required to make an
affirmation to faithfully and fairly hear and examine the matters in controversy and to

make a just award according to the best of his/her ability and understanding. A copy
of the arbitrator's oath or affirmation shall be furnished each party to the arbitration.
(t) Either party may object to the commencement or continuation of an

arbitration proceeding unless the arbitrator takes an oath or affirmation as required in
this Chapter. If the arbitrator shall refuse to take an oath or affirmation as required by
law and this Rule, he/she shall be replaced. The failure to object to the absence of an
oath or affirmation shall be deemed a waiver of such objection and the proceedings
shall continue in due course and may not later be used as a ground to invalidate the
proceedings.
(u) The arbitral tribunal shall have the power to administer oaths to, or require
affirmation from, all witnesses directing them to tell the truth, the whole truth and
nothing but the truth in any testimony, oral or written, which they may give or offer in
any arbitration hearing. The oath or affirmation shall be required of every witness
before his/her testimony, oral or written, is heard or considered.
(v) The arbitral tribunal shall have the power to require any person to attend a
hearing as a witness. It shall have the power to subpoena witnesses, to testify and/or
produce documents when the relevancy and materiality thereof has been shown to
the arbitral tribunal. The arbitral tribunal may also require the exclusion of any
witness during the testimony of any other witness. Unless the parties otherwise
agree, all the arbitrators appointed in any controversy must attend all the hearings
and hear the evidence of the parties.

party and in accordance with the this Article, order any party to take such interim
measures of protection as the arbitral tribunal may consider necessary in respect of
the subject matter of the dispute or the procedure. Such interim measures may
include, but shall not be limited, to preliminary injunction directed against a party,
appointment of receivers or detention of property that is the subject of the dispute in
arbitration or its preservation or inspection.
(b) After the constitution of the arbitral tribunal, and during the arbitration
proceedings, a request for interim measures of protection, or modification thereof,
may be made with the arbitral tribunal. The arbitral tribunal is deemed constituted
when the sole arbitrator or the third arbitrator, who has been nominated, has
accepted the nomination and written communication of said nomination and
acceptance has been received by the party making the request.
(i) Any party may request that provisional or interim relief be granted

(iv) Interim provisional relief is requested by written application transmitted

by reasonable means to the arbitral tribunal and the party against
whom relief is sought, describing in appropriate detail of the precise
relief, the party against whom the relief is requested, the ground for
the relief, and the evidence supporting the request.
(vi) Either party may apply with the court for assistance in implementing or
enforcing an interim measure ordered by an arbitral tribunal.
reasonably attorney's fees, paid in obtaining the order's judicial
enforcement.
(d) The arbitral tribunal shall have the power at any time, before rendering the
award, without prejudice to the rights of any party to petition the court to take
measures to safeguard and/or conserve any matter which is the subject of the
dispute in arbitration.
Article 5.25. Default of a Party. Unless otherwise agreed by the parties, if,
without showing sufficient cause,
(a) the claimant fails to communicate his/her/its statement of claim in

accordance with paragraph (a) of Article 5.22 (Statements of Claim and
Defense), the arbitral tribunal shall terminate the proceedings;
(b) the respondent fails to communicate his/her/its statement of defense in

accordance with paragraph (a) of Article 5.22 (Statements of Claim and
Defense), the arbitral tribunal shall continue the proceedings without
treating such failure in itself as an admission of the claimant's allegations;
(c) any party fails to appear at a hearing or to produce documentary

evidence, the arbitral tribunal may continue the proceedings and make the
award based on the evidence before it.
Article 5.26. Expert Appointed by the Arbitral Tribunal. (a) Unless

otherwise agreed by the parties, the arbitral tribunal,
(i) may appoint one or more experts to report to it on specific issues to be

determined by the arbitral tribunal; or
(ii) may require a party to give the expert any relevant information or to
produce, or to provide access to, any relevant documents, goods or
other property for his/her inspection.
(b) Unless otherwise agreed by the parties, if a party so requests or if the

arbitral tribunal considers it necessary, the expert shall, after delivery of his/her
written or oral report, participate in a hearing where the parties have the opportunity

to put questions to him/her and to present expert witnesses in order to testify on the
points at issue.
(c) Upon agreement of the parties, the finding of the expert engaged by the
arbitral tribunal on the matter/s referred to him shall be binding upon the parties and
the arbitral tribunal.
Article 5.27. Court Assistance in Taking Evidence and Other Matters. (a)
The arbitral tribunal or a party, with the approval of the arbitral tribunal may request
from a court, assistance in taking evidence such as the issuance of subpoena ad
testificandum and subpoena duces tecum, deposition taking, site or ocular
inspection, and physical examination of properties. The court may grant the request
within its competence and according to its rules on taking evidence.
(b) The arbitral tribunal or a party to the dispute interested in enforcing an

order of the arbitral tribunal may request from a competent court, assistance in
enforcing orders of the arbitral tribunal, including but not limited, to the following:
(i) Interim or provisional relief;
(ii) Protective orders with respect to confidentiality;
(iii) Orders of the arbitral tribunal pertaining to the subject matter of the
dispute that may affect third persons and/or their properties; and/or
(iv) Examination of debtors.
Article 5.28. Rules Applicable to the Substance of Dispute. (a) The

arbitral tribunal shall decide the dispute in accordance with such law as is chosen by
the parties. In the absence of such agreement, Philippine law shall apply.
(b) The arbitral tribunal may grant any remedy or relief which it deems just
and equitable and within the scope of the agreement of the parties, which shall
include, but not be limited to, the specific performance of a contract.
(c) In all cases, the arbitral tribunal shall decide in accordance with the terms
of the contract and shall take into account the usages of the trade applicable to the
transaction.
Article 5.29. Decision Making by the Arbitral Tribunal. (a) In arbitration

proceedings with more than one arbitrator, any decision of the arbitral tribunal shall
be made, unless otherwise agreed by the parties, by a majority of all its members.
However, questions of procedure may be decided by the chairman of the arbitral
tribunal, if so authorized by the parties or all members of the arbitral tribunal.
(b) Unless otherwise agreed upon by the parties, the arbitral tribunal shall
render its written award within thirty (30) days after the closing of the hearings and/or
submission of the parties' respective briefs or if the oral hearings shall have been
waived, within thirty (30) days after the arbitral tribunal shall have declared such
proceedings in lieu of hearing closed. This period may be further extended by mutual
consent of the parties.
Article 5.30. Settlement. (a) If, during arbitral proceedings, the parties settle
the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by
the parties and not objected to by the arbitral tribunal, record the settlement in the
54

form of an arbitral award on agreed terms, consent award or award based on
compromise.
(b) An award as rendered above shall be made in accordance with the

provisions of Article 5.31 (Form and Contents of Award) and shall state that it is an
award. Such an award has the same status and effect as any other award on the
merits of the case.
Article 5.31. Form and Contents of Award. (a) The award shall be made in
writing and shall be signed by the arbitral tribunal. In arbitration proceedings with
more than one arbitrator, the signatures of the majority of all members of the arbitral
tribunal shall suffice, provided that the reason for any omitted signature is stated.
(b) The award shall state the reasons upon which it is based, unless the
parties have agreed that no reasons are to be given or the award is an award on
agreed terms, consent award or award based on compromise under Article 5.30
(Settlement).
(c) The award shall state its date and the place of arbitration as determined in
accordance with paragraph (a) of Article 5.19 (Place of Arbitration). The award shall
be deemed to have been made at that place.
(d) After the award is made, a copy signed by the arbitrators in accordance
with paragraph (a) of this Article shall be delivered to each party.
(e) The award of the arbitral tribunal need not be acknowledged, sworn to
under oath, or affirmed by the arbitral tribunal unless so required in writing by the
parties. If despite such requirement, the arbitral tribunal shall fail to do as required,
the parties may, within thirty days from receipt of said award, request the arbitral
tribunal to supply the omission. The failure of the parties to make an objection or
make such request within the said period shall be deemed a waiver of such
requirement and may no longer be raised as a ground to invalidate the award.
Article 5.32. Termination of Proceedings. (a) The arbitration proceedings

are terminated by the final award or by an order of the arbitral tribunal in accordance
with paragraph (b) of this Article.
(b) The arbitral tribunal shall issue an order for the termination of the
arbitration proceedings when:
(i) The claimant withdraws his claim, unless the respondent objects
thereto for the purpose of prosecuting his counterclaims in the same
proceedings or the arbitral tribunal recognizes a legitimate interest on
his part in obtaining a final settlement of the dispute; or
(ii) The parties agree on the termination of the proceedings; or
(iii) The arbitral tribunal finds that the continuation of the proceedings has
for any other reason become unnecessary or impossible; or
(iv) The required deposits are not paid in full in accordance with
paragraph (d) of Article 5.46 (Fees and Costs).
(c) The mandate of the arbitral tribunal ends with the termination of the
arbitration proceedings, subject to the provisions of Article 5.33 (Correction and

Interpretation of Award, Additional Award) and Article 5.34 (Application for Setting
Aside an Exclusive Recourse Against Arbitral Award).
(d) Except as otherwise provided in the arbitration agreement, no motion for

reconsideration, correction and interpretation of award or additional award shall be
made with the arbitral tribunal. The arbitral tribunal, by releasing its final award, loses
jurisdiction over the dispute and the parties to the arbitration. However, where it is
shown that the arbitral tribunal failed to resolve an issue submitted to him for
determination, a verified motion to complete a final award may be made within thirty
(30) days from its receipt.
(e) Notwithstanding the foregoing, the arbitral tribunal may, for special
reasons, reserve in the final award or order, a hearing to quantify costs and
determine which party shall bear the costs or apportionment thereof as may be
determined to be equitable. Pending determination of this issue, the award shall not
be deemed final for purposes of appeal, vacation, correction, or any post-award
proceedings.
Article 5.33. Correction and Interpretation of Award, Additional Award.

(a) Within thirty (30) days from receipt of the award, unless another period of time
has been agreed upon by the parties:
(i) A party may, with notice to the other party, the arbitral tribunal to
correct in the award any errors in computation, any clerical or
typographical errors or any errors of similar nature.
(ii) If so agreed by the parties, a party, with notice to the other party, may
request the arbitral tribunal to give an interpretation of a specific point
or part of the award.
If the arbitral tribunal considers the request to be justified, it shall make the
correction or give the interpretation within thirty (30) days from receipt of the request.
The interpretation shall form part of the award.
(b) The arbitral tribunal may correct any error of the type referred to in
paragraph (a) of this Article on its own initiative within thirty (30) days of the date of
the award.
(c) Unless otherwise agreed by the parties, a party may, with notice to the
other party, may request, within thirty (30) days of receipt of the award, the arbitral
tribunal to make an additional award as to claims presented in the arbitral
proceedings but omitted from the award. If the arbitral tribunal considers the request
to be justified, it shall make the additional award within sixty (60) days.
(d) The arbitral tribunal may extend, if necessary, the period of time within
which it shall make a correction, interpretation or an additional award under
paragraphs (a) and (c) of this Article.
(e) The provisions of Article 5.31 (Form and Contents of Award) shall apply to
a correction or interpretation of the award or to an additional award.
Article 5.34. Application for Setting Aside an Exclusive Recourse

against Arbitral Award. The court, when asked to set aside an award, may, where
appropriate and so requested by a party, suspend the setting aside proceedings for a
period of time determined by it in order to give the arbitral tribunal an opportunity to

resume the arbitral proceedings or to take such other action as in the arbitral
tribunal's opinion will eliminate the grounds for setting aside an award.
Article 5.35. Grounds to Vacate an Arbitral Award. (a) The arbitral award
may be questioned, vacated or set aside by the appropriate court in accordance with
the Special ADR Rules only on the following grounds:
(i) The arbitral award was procured by corruption, fraud or other undue
means; or
(ii) There was evident partiality or corruption in the arbitral tribunal or any
of its members; or
(iii) The arbitral tribunal was guilty of misconduct or any form of

misbehavior that has materially prejudiced the rights of any party such
as refusing to postpone the hearing upon sufficient cause shown or to
hear evidence pertinent and material to the controversy; or
(iv) One or more of the arbitrators was disqualified to act as such under
this Chapter and willfully refrained from disclosing such
disqualification; or
(v) The arbitral tribunal exceeded its powers, or so imperfectly executed

them, such that a complete, final and definite award upon the subject
matter submitted to it was not made.
Any other ground raised to question, vacate or set aside the arbitral award
shall be disregarded by the court.
(b) Where a petition to vacate or set aside an award is filed, the petitioner
may simultaneously, or the oppositor may in the alternative, petition the court to remit
the case to the same arbitral tribunal for the purpose of making a new or revised final
and definite award or to direct a new hearing before the same or new arbitral tribunal,
the members of which shall be chosen in the manner originally provided in the
arbitration agreement or submission. In the latter case, any provision limiting the
time in which the arbitral tribunal may make a decision shall be deemed applicable to
the new arbitral tribunal and to commence from the date of the court's order.
(c) Where a party files a petition with the court to vacate or set aside an
award by reason of omission/s that do not affect the merits of the case and may be
cured or remedied, the adverse party may oppose that petition and instead request
the court to suspend the vacation or setting aside proceedings for a period of time to
give the arbitral tribunal an opportunity to cure or remedy the award or resume the
arbitration proceedings or take such other action as will eliminate the grounds for
vacation or setting aside.
RULE 6 - Recognition and Enforcement of Awards
Article 5.36. Confirmation of Award. The party moving for an order

confirming, modifying, correcting, or vacating an award, shall, at the time that such
motion is filed with the court for the entry of judgment thereon, also file the original or
verified copy of the award, the arbitration or settlement agreement, and such papers
as may be required by the Special ADR Rules.

Article 5.37. Judgment. Upon the grant of an order confirming, modifying or
correcting an award, judgment may be entered in conformity therewith in the court
where said application was filed. Costs of the application and the proceedings
subsequent thereto may be awarded by the court in its discretion. If awarded, the
amount thereof must be included in the judgment. Judgment will be enforced like
court judgments.
Article 5.38. Appeal. A decision of the court confirming, vacating, setting

aside, modifying or correcting an arbitral award may be appealed to the Court of
Appeals in accordance with Special ADR Rules.
The losing party who appeals from the judgment of the Court confirming an
arbitral award shall be required by the Court of Appeals to post a counter-bond
executed in favor of the prevailing party equal to the amount of the award in
accordance with the Special ADR Rules.
Article 5.39. Venue and Jurisdiction. Proceedings for recognition and

enforcement of an arbitration agreement or for vacation or setting aside of an arbitral
award, and any application with a court for arbitration assistance and supervision,
except appeal, shall be deemed as special proceedings and shall be filed with the
court
(a) where the arbitration proceedings are conducted;
(b) where the asset to be attached or levied upon, or the act to be enjoined is
located;
(c) where any of the parties to the dispute resides or has its place of
business; or
(d) in the National Capital Judicial Region at the option of the applicant.
Article 5.40. Notice of Proceedings to Parties. In a special proceeding for

recognition and enforcement of an arbitral award, the court shall send notice to the
parties at their address of record in the arbitration, or if any party cannot be served
notice at such address, at such party's last known address. The notice shall be sent
at least fifteen (15) days before the date set for the initial hearing of the application.
Article 5.41. Legal Representation in Domestic Arbitration. (a) In

domestic arbitration conducted in the Philippines, a party may be represented by any
person of his/her/its choice: Provided, that such representative, unless admitted to
the practice of law in the Philippines, shall not be authorized to appear as counsel in
any Philippine Court, or any other quasi-judicial body whether or not such
appearance is in relation to the arbitration in which he/she appears.
(b) No arbitrator shall act as a mediator in any proceeding in which he/she is

acting as arbitrator and all negotiations towards settlement of the dispute must take
place without the presence of the arbitrators.
Article 5.42. Confidentiality of Arbitration Proceedings. The arbitration

proceedings, including the records, evidence and the arbitral award and other
confidential information, shall be considered privileged and confidential and shall not
be published except-
(1) with the consent of the parties; or

(2) for the limited purpose of disclosing to the court relevant documents in
cases where resort to the court is allowed herein:
Provided, however, that the court in which the action or the appeal is pending
may issue a protective order to prevent or prohibit disclosure of documents or
information containing secret processes, developments, research and other
information where it is shown that the applicant shall be materially prejudiced by an
authorized disclosure thereof.
Article 5.43. Death of a Party. Where a party dies after making a submission
or a contract to arbitrate as prescribed in these Rules, the proceeding may be begun
or continued upon the application of, or notice to, his/her executor or administrator, or
temporary administrator of his/her estate. In any such case, the court may issue an
order extending the time within which notice of a motion to recognize or vacate an
award must be served. Upon recognizing an award, where a party has died since it
was filed or delivered, the court must enter judgment in the name of the original
party; and the proceedings thereupon are the same as where a party dies after a
verdict.
Article 5.44. Multi-Party Arbitration. (a) When a single arbitration involves

more than two parties, these Rules, to the extent possible, shall be used subject to
such modifications consistent with Articles 5.17 (Equal Treatment of Parties) and
5.18 (Determination of Rules of Procedure) as the arbitral tribunal shall deem
appropriate to address possible complexities of a multi-party arbitration.
(b) When a claimant includes persons who are not parties to or otherwise
bound by the arbitration agreement, directly or by reference, between him/her and
the respondent as additional claimants or additional respondents, the respondent
shall be deemed to have consented to the inclusion of the additional claimants or the
additional respondents unless not later than the date of communicating his/her
answer to the request for arbitration, either by motion or by a special defense in his
answer, he objects, on jurisdictional grounds, to the inclusion of such additional
claimants or additional respondents. The additional respondents shall be deemed to
have consented to their inclusion in the arbitration unless, not later than the date of
communicating their answer to the request for arbitration, either by motion or a
special defense in their answer, they object, on jurisdictional grounds, to their
inclusion.
Article 5.45. Consolidation of Proceedings and Concurrent Hearings.

The parties may agree that-
(a) the arbitration proceedings shall be consolidated with other arbitration

proceedings; or
(b) that concurrent hearings shall be held, on such terms as may be agreed.
Unless the parties agree to confer such power on the arbitral tribunal, the
tribunal has no power to order consolidation of arbitration proceedings or concurrent
hearings.
Article 5.46. Fees and Costs. (a) The fees of the arbitrators shall be agreed
upon by the parties and the arbitrator/s in writing prior to the arbitration.
In default of agreement of the parties as to the amount and manner of

payment of arbitrator's fees, the arbitrator's fees shall be determined in accordance
59

with the applicable internal rules of the regular arbitration institution under whose
rules the arbitration is conducted; or in ad hoc arbitration, the Schedule of Fees
approved by the IBP, if any, or in default thereof, the Schedule of Fees that may be
approved by the OADR.
(b) In addition to arbitrator's fees, the parties shall be responsible for the
payment of the administrative fees of an arbitration institution administering an
arbitration and cost of arbitration. The latter shall include, as appropriate, the fees of
an expert appointed by the arbitral tribunal, the expenses for conducting a site
inspection, the use of a room where arbitration proceedings shall be or have been
conducted, and expenses for the recording and transcription of the arbitration
proceedings.
(c) The arbitral tribunal shall fix the costs of arbitration in its award. The term
"costs" include only:
(i) The fees of the arbitral tribunal to be stated separately as to each

arbitrator and to be fixed by the arbitral tribunal itself in accordance
with this Article;
(ii) The travel and other expenses incurred by the arbitrators;
(iii)The costs of expert advice and of other assistance required by the

arbitral tribunal, such as site inspection and expenses for the
recording and transcription of the arbitration proceedings;
(iv)The travel and other expenses of witnesses to the extent such

expenses are approved by the arbitral tribunal;
(v) The costs for legal representation and assistance of the successful
party if such costs were claimed during the arbitral proceedings, and
only to the extent that the arbitral tribunal determines that the amount
of such costs is reasonable;
(vi) Any fees and expenses of the appointing authority.
(d) The fees of the arbitral tribunal shall be reasonable in amount, taking into
account the amount in dispute, the complexity of the subject matter, the time spent
by the arbitrators and any other relevant circumstances of the case.
If an appointing authority has been agreed upon by the parties and if such
appointing authority has issued a schedule of fees for arbitrators in domestic cases
which it administers, the arbitral tribunal, in fixing its fees shall take that schedule of
fees into account to the extent that it considers appropriate in the circumstances of
the case.
If such appointing authority has not issued a schedule of fees for arbitrators in
international cases, any party may, at any time request the appointing authority to
furnish a statement setting forth the basis for establishing fees which is customarily
followed in international cases in which the authority appoints arbitrators. If the
appointing authority consents to provide such a statement, the arbitral tribunal, in
fixing its fees shall take such information into account to the extent that it considers
appropriate in the circumstances of the case.

!
In cases referred to in paragraph (d) of this Artic/e, when a party so requests
and the appointing authority consents to perform the function, the arbitral tribunal
shall fix its fees only after consultation with the appointing authority which may make
any comment it deems appropriate to the arbitral tribunal concerning the fees.
(e) Except as provided in the next paragraph, the costs of arbitration shall, in
principle, be borne by the unsuccessful party. However, the arbitral tribunal may
apportion each of such costs between the parties if it determines that apportionment
is reasonable, taking into account the circumstances of the case.
With respect to the costs of legal representation and assistance referred to in

paragraph (c) (iii) of this Article, the arbitral tribunal, taking into account the
circumstances of the case, shall be free to determine which party shall bear such
costs or may apportion such costs between the parties if it determines that
appointment is reasonable.
When the arbitral tribunal issues an order for the termination of the arbitral
proceedings or makes an award on agreed terms, it shall fix the costs of arbitration
referred to in paragraph (a) of this Article in the context of that order or award.
Except as otherwise agreed by the parties, no additional fees may be charged

by the arbitral tribunal for interpretation or correction or completion of its award under
these Rules.
(f) The arbitral tribunal, on its establishment, may request each party to
deposit an equal amount as an advance for the costs referred to in paragraphs (i),(ii)
and (iii) of paragraph (c) of this Article.
During the course of the arbitral proceedings, the arbitral tribunal may request
supplementary deposits from the parties.
If an appointing authority has been agreed upon by the parties, and when a
party so requests and the appointing authority consents to perform the function, the
arbitral tribunal shall fix the amounts of any deposits or supplementary deposits only
after consultation with the appointing authority which may make any comments to the
arbitral tribunal which it deems appropriate concerning the amount of such deposits
and supplementary deposits.
If the required deposits are not paid in full within thirty (30) days after receipt
of the request, the arbitral tribunal shall so inform the parties in order that one of
them may make the required payment within such a period or reasonable extension
thereof as may be determined by the arbitral tribunal. If such payment is not made,
the arbitral tribunal may order the termination of the arbitral proceedings.
After the award has been made, the arbitral tribunal shall render an
accounting to the parties of the deposits received and return any unexpended
balance to the parties.
CHAPTER 6
ARBITRATION OF CONSTRUCTION DISPUTES
The Construction Industry Arbitration Commission (CIAC), which has original

and exclusive jurisdiction over arbitration of construction disputes pursuant to
Executive Order NO.1 008, s. 1985, otherwise known as the "Construction Industry

Arbitration Law", shall promulgate the Implementing Rules and Regulations
governing arbitration of construction disputes, incorporating therein the pertinent
provisions of the ADR Act.
CHAPTER 7
OTHER ADR FORMS
Article 7.1. Scope of Application and General Principles. Except as

otherwise agreed, this Chapter shall apply and supply the deficiency in the
agreement of the parties for matters involving the following forms of ADR:
(a) early neutral evaluation;
(b) neutral evaluation;
(c) mini-trial;
(d) mediation-arbitration;
(e) a combination thereof; or
(f) any other ADR form.
Article 7.2. Applicability of the Rules on Mediation. If the other ADR

form/process is more akin to mediation (i.e., the neutral third-person merely assists
the parties in reaching a voluntary agreement), Chapter 3 governing Mediation shall
have suppletory application to the extent that it is not in conflict with the agreement of
the parties or this Chapter.
Article 7.3. Applicability of the Rules on Arbitration. If the other ADR

form/process is more akin to arbitration (i.e., the neutral third-person has the power
to make a binding resolution of the dispute), Chapter 5 governing Domestic
Arbitration shall have suppletory application to the extent that it is not in conflict with
the agreement of the parties or this Chapter.
Article 7.4. Referral. If a dispute is already before a court, either party may,
before and during pre-trial, file a motion for the court to refer the parties to other ADR
forms/processes. However, at any time during court proceedings, even after pre-trial,
the parties may jointly move for suspension/dismissal of the action pursuant to Article
2030 of the Civil Code of the Philippines.
Article 7.5. Submission of Settlement Agreement. Either party may

submit to the court before which the case is pending any settlement agreement
following a neutral or an early neutral evall;lation, mini-trial or mediation-arbitration.
RULE 2 - Neutral or Early Neutral Evaluation
Article 7.6. Neutral or Early Neutral Evaluation. (a) The neutral or early
neutral evaluation shall be governed by the rules and procedure agreed upon by the
parties. In the absence of said agreement, this Rule shall apply.
(b) If the parties cannot agree on; or fail to provide for:

(i) The desired qualification of the neutral third person;
(ii) The manner of his/her selection;
(iii) The appointing authority (not IBP) who shall have the authority to
make the appointment Of a neutral third person; or
(iv) if despite agreement on the foregoing and the lapse of the period of
time stipulated for the appointment, the parties are unable to select
a neutral third person or appointing authority,
then, either party may request the default appointing authority, as defined under
paragraph C1 of Article (Definition of Terms), to make the appointment taking into
consideration the nature of the dispute and the experience and expertise of the
neutral third person.
(c) The parties shall submit and exchange position papers containing the
issues and statement of the relevant facts and appending supporting documents and
affidavits of witnesses to assist the neutral third person in evaluating or assessing the
dispute.
(d) The neutral third person may request either party to address additional
issues that he /she may consider necessary for a complete evaluation/assessment of
the dispute.
(e) The neutral third person may structure the evaluation process in any
manner he/she deems appropriate. In the course thereof, the neutral third person
may identify areas of agreement, clarify th,e issues, define those that are contentious,
and encourage the parties to agree on a definition of issues and stipulate on facts or
admit the genuineness and due execution of documents.
(f) The neutral third person shall' issue a written evaluation or assessment
within thirty (30) days from the conclusion of the evaluation process. The opinion
shall be non-binding and shall set forth how the neutral third person would have ruled
had the matter been subject to a binding process. The evaluation or assessment
shall indicate the relative strengths and weaknesses of the positions of the parties,
the basis for the evaluation or assessment, and an estimate, when feasible, of the
amount for which a party may be liable to the other if the dispute were made subject
to a binding process.
(g)There shall be no ex-parte communication between the neutral third

person and any party to the dispute without the consent of all the parties.
(h) All papers and written presentations communicated to the neutral third
person, including any paper prepared by a party to be communicated to the neutral
third person or to the other party as part of the dispute resolution process, and the
neutral third person's written non-binding assessment or evaluation, shall be treated
as confidential.
RULE 3 - Mini-Trial
Article 7.7. Mini-Trial. (a) A mini-trial shall be governed by the rules and
procedure agreed upon by the parties. In the absence of said agreement, this Rule
shall apply.

(b) A mini-trial shall be conducted either as: (i) a separate dispute resolution
process; or (ii) a continuation of mediation, neutral or early neutral evaluation or any
other ADR process.
(c) The parties may agree that a mini-trial be conducted with or without the
presence and participation of a neutral third person. If a neutral third person is
agreed upon and chosen, he/she shall preside over the mini-trial. The parties may
agree to appoint one or more (but equal in number per party) senior executive/s, on
its behalf, to sit as mini-trial panel members.
(d) The senior executive/s chosen to sit as mini-trial panel members must be
duly authorized to negotiate and settle the dispute with the other party. The
appointment of a mini-trial panel member/s shall be communicated to the other party.
This appointment shall constitute a representation to the other party that the mini-trial
panel member/s has/have the authority to enter into a settlement agreement binding
upon the principal without any further action or ratification by the latter.
(e) Each party shall submit a brief executive summary of the dispute in
sufficient copies as to provide one copy to each mini-trial panel member and to the
adverse party. The summary shall identify the specific factual or legal issue or issues.
Each party may attach to the summary a more exhaustive recital of the facts of the
dispute and the applicable law and jurisprudence.
(f) At the date, time and place agreed upon, the parties shall appear before
the mini-trial panel member/so The lawyer of each party and/or authorized
representative shall present his/her case starting with the claimant followed by the
respondent. The lawyer and/or representative of each party may thereafter offer
rebuttal or sur-rebuttal arguments.
Unless the parties agree on a shorter or longer period, the presentation-in-

chief shall be made, without interruption, for one hour and the rebuttal or sur-rebuttal
shall be thirty (30) minutes.
At the end of each presentation, rebuttal or sur-rebuttal, the mini-trial panel

member/s may ask clarificatory questions from any of the presentors.
(g) After the mini-trial, the mini-trial panel members shall negotiate a
settlement of the dispute by themselves.
In cases where a neutral third person is appointed, the neutral third person
shall assist the parties/mini-trial panel members in settling the dispute and, unless
otherwise agreed by the parties, the proceedings shall be governed by Chapter 3 on
Mediation.
RULE 4 - Mediation-Arbitration
Article 7.8. Mediation-Arbitratioll. (a) A Mediation-Arbitration shall be

governed by the rules and procedure agreed upon by the parties. In the absence of
said agreement, Chapter 3 on Mediation sh,allfirst apply and thereafter, Chapter 5 on
Domestic Arbitration.
(b) No person shall, having been engaged and having acted as mediator of
a dispute between the parties, following a failed mediation, act as arbitrator of the
same dispute, unless the parties, in a written agreement, expressly authorize the
mediator to hear and decide the case as an arbitrator.

(c) The mediator who becomes an arbitrator pursuant to this Rule shall make
an appropriate disclosure to the parties as if the arbitration proceeding had
commenced and will proceed as a new dispute resolution process, and shall, before
entering upon his/her duties, execute the appropriate oath or affirmation of office as
arbitrator in accordance with these Rules.
RULE 5 - Costs and Fees
Article 7.9. Costs and Fees. (a) Before entering his/her duties as ADR
Provider, he/she shall agree with the parties on the cost of the ADR procedure, the
fees to be paid and manner of payment for his/her services.
(b) In the absence of such agreement, the fees for the services of the ADR
provider/practitioner shall be determined as follows:
(i) If the ADR procedure is conducted under the rules and/or

administered by an institution regularly providing ADR services to
the general public, the fees of the ADR professional shall be
determined in accordance with schedule of fees approved by such
institution, if any;
(ii) In ad hoc ADR, the fees shall be determined in accordance with the
schedule of fees approved by the OADR;
(iii) In the absence of a schedule of fees approved by the ADR

institution or by the OADR, the fees shall be determined by the ADR
institution or the OADR, as the case may be, on the basis of
quantum meruit, taking into consideration, among others, the length
and complexity of the process, the amount in dispute and the
professional standing of the ADR professional.
(c) A contingency fee arrangement shall not be allowed. The amount that may
be allowed to an ADR professional may not be made dependent upon the success of
his/her effort in helping the parties to settle their dispute.
CHAPTER 8
MISCELLANEOUS PROVISIONS
Article 8.1. Amendments. These Rules or any portion hereof may be

amended by the Secretary of Justice.
Article 8.2. Separability Clause. If any part, article or provision of these

Rules are declared invalid or unconstitutional, the other parts hereof not affected
thereby shall remain valid.
Article 8.3. Funding. The heads of departments and agencies concerned,

especially the Department of Justice, insofar as the funding requirements of the
OADR is concerned, shall immediately include in their annual appropriation the
funding necessary to implement programs and extend services required by the ADR
Act and these Rules.
Article 8.4. Transitory Provisions. Considering the procedural character of

the ADR Act and these Rules, the provisions of these Rules shall be applicable to all


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CHAPTER II
PERTINENT DOJ
MEMORANDA

CHAPTER III
MEMORANDA OF
AGREEMENT

MEMORANDUM OF AGREEMENT
KNOWN ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement made and entered into by and between:
THE OFFICE OF THE OMBUDSMAN (OMB), with office

address at Ombudsman Building, Agham Road, Diliman, Quezon City,
represented by Ombudsman Conchita Carpio Morales,
-and-
THE DEPARTMENT OF JUSTICE (DOJ), with office

address at Padre Faura Street, Manila, represented by Secretary Leila
M. De Lima,
WITNESSETH:
WHEREAS, the Constitution and Republic Act No. 6670,

otherwise known as The Ombudsman Act of 1989 provide that the
Ombudsman (OMB) is the office primarily charged to implement the
State policy to maintain honesty and integrity in the public service and
take effective measures against graft and corruption;
WHEREAS, the Department of Justice (DOJ) is the principal

agency of the government mandated to enforce the rule of law and
investigate and prosecute offenders pursuant to Section 3, Chapter 1,
Title III, Book IV of the Administrative Code of 1987 (Executive Order
No. 292);
WHEREAS, the OMB and the DOJ have concurrent jurisdiction

over complaints for crimes involving public officers and employees
falling outside the exclusive jurisdiction of the Sandiganbayan (see Annex
A for the Jurisdiction of the Sandiganbayan);
WHEREAS, in the recently concluded dialogue between the OMB

and the DOJ, several issues were raised relative to jurisdiction over cases
subject of preliminary investigation and prosecution including
coordination, reporting, and monitoring of cases filed before the OMB
and the DOJ;
WHEREAS, in the course of the dialogue, both the OMB and the
DOJ recognized the need to clarify the exercise of concurrent
jurisdictions over criminal cases involving public officers and employees;
WHEREAS, there is a need to simplify the procedures to be

observed by the OMB and the DOJ for a more efficient and effective
investigation and prosecution of such cases, including enhanced
monitoring of cases and improved coordination and reporting between
the OMB and the DOJ;
WHEREFORE, recognizing the compelling need to address such

issues and concerns, the DOJ and the OMB have agreed on the following:
I. Agreements
A. Jurisdiction
1. The OMB has primary jurisdiction in the conduct of

preliminary investigation and inquest proceedings over
complaints for crimes cognizable by the Sandiganbayan.
2. If, upon the filing of a complaint, the prosecution office

of the DOJ determines that the same is for a crime
falling under the exclusive jurisdiction of the
Sandiganbayan, it shall advise the complainant to file it
directly with the OMB: Provided, that in case a
prosecution office of the DOJ receives a complaint that is
cognizable by the Sandiganbayan, it shall immediately
endorse the same to the OMB. Provided further, TThat
in cases where there are multiple respondents in a single
complaint and at least one respondent falls within the
jurisdiction of the Sandiganbayan, the entire records of
the complaint shall be endorsed to the OMB.
3. The OMB and the prosecution offices of the DOJ shall

have concurrent jurisdiction over complaints for crimes
involving public officers and employees falling outside
the exclusive jurisdiction of the Sandiganbayan:
Provided, that the office where such a complaint is filed
for preliminary investigation shall acquire jurisdiction
over the complaint to the exclusion of the other:
Provided further, that the OMB may refer/endorse any
complaint filed before it to any prosecution office of the
DOJ having jurisdiction over the complaint.
4. The Prosecutor General or provincial/city prosecutors

shall resolve cases referred by the OMB to the DOJ for
preliminary investigation without need of approval from
the OMB.
5. In cases where the preliminary investigation was

conducted by the OMB but referred to the DOJ for
prosecution, reinvestigation, if ordered by the court shall
be conducted by the OMB.
Inquest
6. Inquest of complaints for crimes cognizable by the

Sandiganbayan shall be conducted by the OMB:
Provided, that inquest of such complaints for crimes
committed outside the National Capital Judicial Region
may be conducted by the city/provincial prosectutors
who are authorized to approve and file the Information
before the respective Clerks of Court of Regional Trial
Courts, pursuant to Ombudsman Administrative Order
No. 11-94.
Prosecution
7. The prosecution of cases investigated by the OMB but

referred to the DOJ for prosecution shall be under the
full control of the DOJ prosecutor. In case, however, the
court orders a reinvestigation, the same should be
referred to the OMB for disposition/resolution.
8. Actions on incidents during the trial, including those
brought before the appellate courts, shall be in
accordance with existing rules of OMB and DOJ.
9. The OMB or its sectoral offices shall transmit/endorse

all case documents directly to the Provincial or City
Prosecutor’s Office which has jurisdiction over the case
and shall furnish a copy of the endorsement and
resolution to the Regional Prosecutor’s Office or the
Prosecutor General’s Office in cases over which a Metro
Manila City Prosecutor’s Office has jurisdiction.
Provided, That the OMB shall transmit to the DOJ the
original copies of the Information and Resolution and
certified true copies of all documentary evidence.
10. The OMB shall ensure compliance with the

administrative requirements of the Clerks of Court as to
the number of copies of the information and
attachments, filing fees, and others.
11. The OMB shall ensure that a motion for reconsideration

has been resolved or the period for filing thereof has
lapsed before endorsing an Information to the DOJ for
filing with the proper court.

12. The OMB shall provide complete contact details of all
witnesses in cases referred to the DOJ for prosecution.
B. Monitoring of Cases and Reporting
1. The DOJ and the OMB shall separately maintain a

registry of cases referred to each other.
2. The OMB, when endorsing a case to the DOJ for filing of

a complaint or Information with the proper court, shall
include therein a return envelope and a template form
for the details of the case to be accomplished by the DOJ
prosecutor and returned to the originating OMB office.
3. For status updates of cases referred to the DOJ prior to

this agreement, the OMB shall furnish the DOJ an
inventory of the cases, and the DOJ shall provide the
OMB of the case number, the court where filed, the
status, and a list of OMB cases not included in the
inventory, if any.
II. Coordination Mechanism
The OMB and the DOJ will coordinate at two levels:
1. Designation of focal points for sharing of information
The OMB and the DOJ shall share lists of cases through
the Central Records Division of the OMB Central Office
and/or the Records Unit of sectoral offices and the Office
of the Prosecutor General of the DOJ and information on
specific cases through the prosecutors. Both will
maintain a registry of OMB cases turned over to the DOJ
for prosecution.
2. Establishment of a Joint Technical Working Group

(JTWG)
The OMB and the DOJ shall coordinate on matters

relating to the partnership through a JTWG. The JTWG
shall be responsible for revisiting the MOA, assessing
information sharing and reporting concerns, and policy
recommendations. It shall be composed of 10
representatives from each of the OMB and the DOJ,
appointed by their respective principals who will likewise
designate their respective Chairmen and secretariats.

III. Transitory Provisions
1. This Memorandum shall apply prospectively.
2. The OMB and the DOJ shall recommend the designation
of special graft courts for low ranking officials: one each
for the National Capital Region, Luzon, Visayas, and
Mindanao. The designation of special courts is expected
to assist the two agencies in the monitoring of cases and
lower logistical costs from travel to different courts, at
the same time to better manage security risks of
prosecutors needing to go to far flung courts in pursuit of
cases.
IV. Repealing Clause
This supersedes all previous MOA, circulars and other

issuances promulgated by the OMB and DOJ to the extent that
they are inconsistent with the foregoing.
V. Effectivity
This Memorandum of Agreement shall take effect one

month after signing by the parties.
In Witness Whereof, the parties have hereunto set their

hands on the date and at the place above-mentioned.
OFFICE OF THE OMBUDSMAN

DEPARTMENT OF JUSTICE
By:
By:
(SGD.) JUSTICE CONCHITA CARPIO MORALES (SGD.) LEILA

M. DE LIMA

Appendix
Sandiganbayan Jurisdiction1
Sec. 4 of RA 8249 provides that the Sandiganbayan shall have exclusive

jurisdiction over:
I.) Violations of RA 3019 (Anti-graft and Corrupt Practices Law);
II.) RA 1379 (Forfeiture of Illegally Acquired Wealth);
III.) Crimes by public officers or employees embraced in Ch. II, Sec.

2 Title VII, Bk. II of the RPC (Crimes committed by Public
Officers) namely:
a) Direct Bribery under Art. 210 as amended by BP 871,

May 29, 1985;
b) Indirect Bribery under Art. 211 as amended by BP 871,

May 29, 1985;
c) Qualified Bribery under Art. 211-A as amended by RA

7659, Dec. 13, 1993;
d) Corruption of public officials under Art. 212 where one

or more of the accused are officials occupying the
following positions in the government whether in a
permanent, acting or interim capacity, at the time of the
commission of the offense:
1) Officials of the executive branch occupying the positions

of regional director and higher, otherwise classified as
Grade 27 and higher, of the Compensation and Position
Classification Act of 1989 (Republic Act No. 6758)
specifically including:
i. Provincial governors, vice-governors, members of

the sangguniang panlalawigan, provincial
treasurers, assessors, engineers and other
provincial department heads;
ii. City mayors, vice-mayors, members of the

sangguniang panglungsod, city treasurers, assessors,
engineers and other department heads;

1
Sandiganbayan website. Jurisdiction of Sandiganbayan, http://sb.judiciary.gov.ph/about.html

iii. Officials of the diplomatic service occupying the
position of consul and higher;
iv. Philippine Army and Air force colonels, naval

captains and all officers of higher rank;
v. Officers of the PNP while occupying the position of

Provincial Director and those holding the rank of
the Senior Superintendent or higher;
vi. City and provincial prosecutors and their assistants,

officials and the prosecutors in the Officer of the
Ombudsman and special prosecutor;
vii. President, directors or trustees or managers of
government owned or controlled corporations, state
universities or educational institutions or
foundations;
2) Members of the Congress and Officials thereof classified

as Grade 27 and up under the Compensation and
Classification Act of 1989;
3) Members of the Judiciary without prejudice to the

provision of the Constitution;
4) Chairmen and members of Constitutional Commissions,

without prejudice to the provisions of the Constitution;
5) All other national and local officials classified as Grade 27

and higher under the Compensation and Position
Classification Act of 1989.
IV.) Other offenses or felonies whether simple or complexed with

other crimes committed in relation to their office by the public
officials and employees mentioned above;
V.) Civil and Criminal Cases filed pursuant to and in connection

with EO 1,2,14 & 14-A issued in 1986
VI.) Petitions for issuance of Writ of mandamus, prohibition,

certiorari, habeas corpus, injunction and other ancillary writs
and processes in aid of its appellate jurisdiction; Provided,
jurisdiction is not exclusive of the Supreme Court.
VII.) Petition for Quo Warranto arising or that may arise incases filed
or that may be filed under EO 1,2, 14 & 14-A

VIII.) OTHERS provided the accused belongs to SG 27 or higher:
a) Violation of RA 6713 – Code of Conduct and Ethical

Standards
b) Violation of RA 7080 – THE PLUNDER LAW
c) Violation of RA 7659 – The Heinous Crime Law
d) RA 9160 – Violation of the Anti-Money Laundering Law

when committed by a public officer
e) PD 46 referred to as the gift-giving decree which make it

punishable for any official or employee to receive directly
or indirectly and for the private person to give or offer to
give any gift, present or other valuable thing on any
occasion including Christmas, when such gift, present or
valuable thing is given by reason of his official position ,
regardless of whether or not the same is for past favors or
the giver hopes or expects to receive a favor or better
treatment in the future from the public official or
employee concerned in the discharge of his official
functions, included within the prohibition is the
throwing of parties or entertainment in honor of the
officials or employee or his immediate relations.
f) PD 749 which grant immunity from prosecution to any

person who voluntarily gives information about any
violation of Art. 210, 211 or 212 of the RPC, RA 3019, Sec.
345 of the NIRC, Sec. 3604 of the Customs and Tariff
Code and other provisions of the said Codes penalizing
abuse or dishonesty on the part of the public officials
concerned and other laws, rules and regulations
penalizing graft, corruption and other forms of official
abuse and who willingly testifies against the public
official or employee subject to certain conditions.

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CHAPTER IV
PERTINENT ISSUANCES
OF THE OFFICE OF
THE PRESIDENT

CHAPTER V
SAMPLES OF RESOLUTIONS

REPUBLIC OF THE PHLIPPINES
OFFICE OF ___________
_____________ CITY
(Name)
_________________________,
Complainant,
NPS DOCKET NO. ____
-versus - For: MURDER
(Name)
____________________________, Promulgated:
Respondent. __________________
x -------------------------------------------- x
RESOLUTION
This resolves the complaint for Murder filed by complainant,

(name of complainant) against respondent, (name of respondent).
Facts according to Complainant
According to Lanie Gaspar, complainant’s witness, in her

Affidavit dated 26 May 2016 (Annex “D” to the Complaint-Affidavit) on
09 April 2016 at around 7:30 in the morning, she heard that herein victim,
Rodolfo Gimaldo (nicknamed “Dolfo”), was taken by Barangay Tanods
Barangay Hall of Guindara, Samar. Fearing that Dolfo might have been
in trouble, she immediately followed them but found the gate of the
Barangay Hall closed. Thus, she decided to wait outside. At around 8:00
in the morning, Dolfo came out of the Barangay Hall, followed by some
Barangay Tanods from a distance. It was then that respondent (name of
respondent) suddenly struck Dolfo’s head. Dolfo then fell to the ground,
and the Barangay Tanods behind him immediately rushed to his aid,
boarded him into a tricycle, and brought him to the nearest hospital.
Later, she learned that Tino also died.
Complainant, (name of complainant), for her part, per her

Complaint-Affidavit dated 26 May 2001, admitted that on the date and
time in question, she did not witness the alleged murder of her husband,

Dolfo, as she was working at that time. However, at around that time, she
did receive a phone call reporting to her that Dolfo was taken by the
Barangay Tanods because he was a suspect in a rape incident. She
answered the caller in this wise, “Hayaang ipakulong si Dolfo kung sya’y
talagang nagkasala”. Several minutes later, she received a text message
that her husband is already dead.
In support of her allegations, complainant submitted the

following documents: Certificate of Death (Annex “A” of the Complaint-
Affidavit), Request for Autopsy (Annex “B”), Spot Report and
photographs of the crime scene (Annex “C”), and the Affidavit of Gaspar.
Facts according to respondent
Respondent, (name of respondent), for his part, counter-alleged

that around 7:00 in the morning of 09 April 2016, he learned that Dolfo
taken by Barangay Tanods to the Barangay Hall for allegedly raping his
(Florendo’s) 16-year old daughter, Caren, who was mentally-disabled. He
then immediately searched for Dolfo and, upon seeing him near the
Barangay Hall, confronted him and asked how Dolfo could have done such
a treacherous thing, knowing that Caren was mentally disabled. In reply,
Dolfo said: “Pasensya na pare, pero pumayag naman siya na mag sex
kami dahil girlfriend ko siya”. Respondent was then immediately
consumed by anger, passion, or obfuscation, that he instinctively picked
up a rattan stick and hit Dolfo once on the head, causing Dolfo to collapse
to the ground. Respondent Florendo then fled the area out of fear. Later,
he learned that Dolfo was brought to the hospital but eventually died due
to traumatic head injury and cardio-respiratory failure. Respondent
added that he had no intention of commit so grave a wrong and that his
act was merely the immediate vindication of a grave offense done by Dolfo
to his daughter.
In her Affidavit dated 09 June 2016 (Annex “1” to respondent’s

Counter-Affidavit), Gina Florendo, respondent’s wife, corroborated the
material allegations of respondent’s Counter-Affidavit. She added that,
on 09 April 2016 at around 6:00 in the morning, her minor daughter,
Caren, confided to her that she was raped three (3) times by Dolfo. Thus,
she immediately reported this matter to the barangay, and it was duly
entered in the Barangay Blotter. She was then told to wait as the barangay
personnel would immediately take action. Around 7:00 in the morning of
the same day, Dolfo was brought to the Barangay Hall. While being
investigated, Dolfo asked for Gina’s forgiveness, but she got angry and
started to hit him. Finally, they were pacified by the Barangay Tanods,
who then decided to deliver Dolfo to the police. As they were going out, it
was then that respondent met Dolfo and confronted him. After hearing

Dolfo’s answer, Gina saw her husband hit Dolfo on the head with a stick.
Thereafter, Dolfo was brought to the hospital. In the meantime, Gina
went to the police where she was given a Request for Genital Examination
for Caren.
Attached to Gina’s Affidavit are the following documents:

Barangay Blotter (Annex “A” of Gina’s Affidavit), PGH Appointment Slip
(Annex “B”), Request for Genital Examination (Annex “C”), Provisional
Medico-Legal Report (Annex “D”), and PGH prescription forms (Annex
“E”).
The issue submitted for resolution by this Honorable Office is,
based on the given facts, is there probable cause to indict respondent for
Murder.
Findings of this Office
This office finds that there is not enough evidence to indict

respondent for Murder. However, this office finds that there exists
probable cause to indict respondent for the crime of Homicide.
It is beyond dispute that respondent’s act of hitting the victim

with a rattan stick on the head was the proximate cause of the latter’s
death. While, respondent’s sudden attack of Dolfo, then unarmed, can be
said to have been attended by treachery (thus, qualifying the crime to
Murder), the evidence on record clearly confirms that the factual
circumstances obtaining in this case prompted respondent to act on
passion or obfuscation.
There are two (2) requisites for the mitigating circumstance of

passion or obfuscation to apply:
(1) That there be an act, both unlawful and sufficient

to produce such a condition of the mind; and
(2) That this act which produced the obfuscation was

not far removed from the commission of the crime
by a considerable length of time during which the
perpetrator might recover his normal equanimity. 1
In this case, both requisites are attendant. First, Dolfo’s alleged

admission of having carnal knowledge of Arnold’s mentally-disabled
minor daughter, Caren, was sufficient to produce such passion or
1Luis B. Reyes, the Revised Penal Code/Criminal Law Book 1 citing People v. Alanguilang (52 Phil
663)

obfuscation on the part of Arnold. Second, upon confirming what Dolfo
had done to his daughter, Arnold immediately acted out of such passion
or obfuscation and struck Dolof.
The presence of passion or obfuscation negates the qualifying

circumstance of treachery.2 Thus, the charge against respondent must
necessarily be downgraded from Murder to Homicide. It should be noted
that respondent hit the victim on the head which is the proximate cause
of the latter’s death. Consequently, respondent must be indicated for
Homicide as probable cause exists to charge him and hold him for trial.
WHEREFORE, premises considered, the undersigned

recommends that an Information for the crime of Homicide be filed
against respondent, (name of respondent), with the proper court as there
exists probable cause to charge him and hold him for trial.
SO ORDERED.
(place), (date).
(Name of Investigating Prosecutor)
(designation)
RECOMMENDING APPROVAL:
(Name)
Division Chief
APPROVED:
(Name)
Prosecutor General or
Provincial/City Prosecutor
Copy furnished:
2
Luis B. Reyes, The Revised Penal Code/Criminal Law Book 1 Citing People v Wong (18 CAR 934)

OFFICE OF ___________
_____________ CITY
(Name)
_________________________,
Complainant,
NPS DOCKET NO. ___
-versus - For: QUALIFIED
TRAFFICKING IN
(Name) PERSONS
____________________________,
Respondent. Promulgated:
________________
x -------------------------------------------- x
RESOLUTION
Brought for inquest proceeding is a complaint filed by the National

Bureau of Investigation (NBI) against ______________for qualified
trafficking in persons under R.A. 9208.
(NBI Agents), in their joint-affidavit, allege that they received

information that girls, mostly minors, were being sold to prostitution by a
certain___________ and owner_________ in the____________
Bar located at_________ St. ,______ City. (Undercover agent) started
his surveillance of the said bar in ________. He could only visit the bar
with a Chinese friend who acted as poseur customer as he was told that the
bar only accommodates foreign guests or customers referred directly by
travel agencies. The bar personnel usually expect the foreign
guest/customer to be accompanied by a tour guide from the same travel
agency who referred them. In the course of their visits, they were
presented with girls who they can take out for a fee.
On _______, _____________, and a companion, acting as a

Chinese client, went to the bar where_____________ presented them
with four (4) alleged minor females to choose from. The undercover
operatives decided not to get the girls at that time. Thereafter, an
entrapment operation was planned.
On___________ at around_______, _______ returned to the

bar with the Chinese customer together with another asset who acted as a
tour guide. _____ instructed a driver to fetch_______ and bring them

to____________, Manila. The driver told them that he had been
employed by _____ for a long time and that his job was to bring the girls
to the hotels and fetch them after they have finished with their clients.
As per complainants' plan, an undercover NBI operative will act as

the guide of the Chinese tourist while________ will document the
transaction with a hidden video camera. The other NBI operatives would
position themselves in strategic places outside the establishment and wait
for the pre-arranged signal. Eight Thousand Pesos (P8,000.00)
comprising of sixteen (16) pieces of Five Hundred Peso bills (P500.00)
were marked and dusted with fluorescent powder for the entrapment
operation.
When_________, the asset posing as a Chinese client, and

________ arrived, they were approached by a woman who led them to a
parked van with plate number_______. The driver whom the agent had
earlier met was the one driving the van. The operatives were introduced to
some teen aged-looking girls inside the vehicle. They refused to
consummate the transaction inside the van and asked to go to
_______. Thus, they and the woman went inside _______ followed by
another woman and three young girls from the parked van.
While inside the van, _________, the three (3) operatives,

transacted with ______ and the three (3) alleged minors. After a couple
of minutes,________ accepted and got the fluorescent powder-dusted
money. At that juncture, _______ immediately gave the pre-arranged
signal, introduced himself as an NBI agent, and arrested_______ and her
companions. The marked money was recovered from __________.
Upon apprehension, the suspects were informed of their

constitutional rights and brought to the NBI main office where they were
booked. At the main office, respondents were identified as_______.
Respondent ______ was immediately tested for fluorescent

powder. She was found positive of fluorescent powder traces while the
recovered marked money was certified to be the same as those previously
marked.
The rescued girls,__________, claimed to be minors during the

interview by the social worker, as corroborated by the findings of NBI
Dentist Dr. ________ based on the normal eruption pattern of human
dentition.
The minor victims, in their respective affidavits, claim that they were
offered jobs at __________Bar where respondents _________ told
them that their work would entail having sex with male foreigners.

Respondents were brought to this office for inquest proceedings on
____________. They opted for a preliminary investigation and signed
a waiver of their rights under Article 125 of the Revised Penal Code with
the assistance of Atty.____________.
Respondents, in their counter-affidavit, aver that__________.
We now resolve.
The undersigned finds probable cause to charge respondents______

with two (2) counts of qualified trafficking in persons under R.A. 9208.
Respondents' act of supplying their foreign customers with minors with
the understanding that these girls can be required to perform sexual
services falls within the purview of Section 4(a). The minority of the
victims make respondents liable for qualified trafficking under Section
6(a).
Respondents__________ are likewise liable for another count of

trafficking under Section 4(a) for the recruitment of _______.
WHEREFORE, the undersigned recommends that the attached

informations for qualified trafficking (2 counts), and for trafficking in
persons (1 count) against____________ be filed with the appropriate
court/s.
SO ORDERED.
(place), (date).
(designation)
Recommending Approval:
(Name)
Division Chief
A P P R O V E D:
(Name)
Copy furnished:

OFFICE OF ____________
_____________ CITY
(Name)
_________________________,
Complainant,
NPS DOCKET NO. ____
-versus - For: VIOLATION OF RA
9208 AND ESTAFA
(Name)
____________________________, Promulgated:
Respondent. __________________
x -------------------------------------------- x
RESOLUTION
Brought for inquest proceeding by operatives of the National

Bureau of Investigation (NBI, for brevity) is respondent
________________for violation of Sections 5(e) and 6(e) of Republic
Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of
2003” and estafa under Article 315, Sections 2(a) and (c) of the Revised
Penal Code.
Evidence on record discloses that on __________at around

_____, _______________________, currently assigned at the Inter-
Agency Council Against Trafficking, Ninoy Aquino International Airport
(NAIA), Terminal ____, Pasay City, received a call from the Office of
________________________, airport police currently assigned at
the International Passenger Terminal Police Section (IPTPS), and referred
the case of one _____________ who was asking assistance for the
immediate apprehension and investigation of a certain person who
allegedly escorted his relatives for a fee inside Terminal ___, NAIA, and
about to leave for _______________ with Flight No._____.
During the investigation, it was revealed that respondent

demanded the amount of _______________ from _______ as
payment for escort services and assured the latter that she would facilitate
the departure of ______________ abroad. Moreover,__________
also disclosed that she gave respondent an initial payment of
____________ with a further agreement that she would give the

remaining balance of __________________ upon the actual departure
of ___________. After receipt of the said amount, respondent escorted
____________ inside Terminal __ and instructed them to tell the
immigration officer on duty that they would leave for abroad as tourists
even if there were in possession of authenticated and scanned employment
visas. Later,______ were offloaded and were not allowed to leave for
abroad.
Respondent then attempted to escape upon learning that

___________ were not allowed to leave for abroad and
____________ demanded from her the return of the escort fee she had
earlier paid to her. However, respondent argued that she does not have
the money anymore. Thus,_________ and her relatives decided to report
the incident to the police authorities.
Further investigation showed that respondent, is an intelligence

agent of the NBI assigned in_______________.
Respondent was immediately arrested by

_____________________and was informed of her constitutional
rights. Respondent was assisted by____________ of the Public
Attorneys’ Office, Manila, and she manifested that she would avail of her
right to a preliminary investigation. Respondent, in the presence of
Atty._______, voluntarily signed the request for preliminary
investigation and Waiver of Article 125, Revised Penal Code and agreed to
remain under NBI custody.
In their “Sinumpaang Salaysay”,___________ state that were

going to _____________ where their relative, _______________,
resides. They admit that it was their first time to travel and so they agreed
to be escorted by respondent inside the airport. They also admit that they
were going to _____________ as tourists where__________ would
work. They contend that_________________ mentioned to them that
there was somebody at the airport who would escort them and she would
pay the amount of _________________ to that person as escort fee.
They allege that they were met at the airport by respondent and
the latter instructed them to which immigration counter to go to and to tell
the immigration officer that they would go to ________ as tourists. They
further allege that the immigration officer whom they first approached
allowed them to go inside the immigration area after looking at their
papers but the second immigration officer told them that they cannot leave
the country since they were not holders of tourist visas and that their
working visas were merely scanned and not original copies.

In her counter-affidavit, respondent vehemently denies the
accusation. She argues that
In reply, ________________________aver that respondent

had no business to be at the NAIA Terminal since she was assigned in
_________________. They maintain that respondent, in conspiracy
with_______________, facilitated, assisted or helped in the exit from
the country of ______________________. They contend that
respondent escorted ______ inside the NAIA Terminal __ although she
had no official business to be there.
We now resolve.
After an evaluation of the record, we find that the evidence is

sufficient to indict respondent, an intelligence agent of the National
Bureau of Investigation, for Qualified Trafficking in Persons under Section
6(f), in relation to Section 5(e) of Republic Act No. 9208.
The pertinent provisions of R.A. No. 9208 are as follows,

viz:
“Section 5. Acts that Promote Trafficking in

Persons. – The following acts which promote or facilitate
trafficking in persons shall be unlawful:
e) To facilitate, assist or help in the exit and entry of

persons from/to the country at international and local
airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in
persons”.
“Section 6. Qualified Trafficking in Persons. – The

following are considered as qualified trafficking:
f) When the offender is a member of the military or law

enforcement agencies.
“Trafficking in Persons” refers to the recruitment,

transport, harboring, or sale of persons, within or across
national borders, by means of threat or use of force, or
other forms of coercion, abduction, fraud, deception, abuse
of power or of position, taking advantage of the
vulnerability of the person, or the giving or receiving of
payments or benefits to achieve the consent of a person

having control over another person for the purpose of
exploitation, or the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery,
servitude or the removal of sale of organs.”
A perusal of the above-mentioned provisions of R.A. 9208 shows

that the law aims to protect trafficked victims by penalizing the persons
who allow or facilitate the departure of passengers who are not properly
documented.
Thus, contrary to respondent’s claim, it is clear that the law

prohibits the act of facilitating the departure of passengers with unissued,
tampered or fraudulent travel documents, as well as the act of facilitating
the departure of passengers with incomplete exit documents. Indeed, if the
scope of the prohibition was limited to unissued, tampered and fraudulent
documents only, human traffickers can just easily escape liability despite
the facilitation of the exit and entry of their victims into and out of the
country without the proper government clearances.
In the instant case, ______________failed to present the

necessary travel documents to prove that they were really going to
_________ as tourists. Such fact was known to respondent and, as such,
she instructed them to line up to a certain immigration counter to ensure
their exit from the country and their eventual employment abroad. The
trafficking activities of respondent were sufficiently established by the
positive and categorical assertions of ______________ that she
facilitated their exit. Thus, putting together these vital pieces of evidence,
it is indubitably shown that there engenders a well-founded belief that
respondent is probably guilty of facilitating and promoting trafficking in
persons by allowing________________ to exit from the airport
without the proper travel documents.
As to the claim of respondent that the element of exploitative

purpose is absent in this case, it should be pointed out
that________________ have admitted that the purpose of their travel
was really to engage in work abroad. However, they did not undergo the
proper procedure to ensure their protection as overseas Filipino workers.
It is worthy to mention that the element of exploitative purpose

need not be consummated in order for the charge to prosper since this
element refers to the intention to use a person for an exploitative purpose.
The act of transporting the passengers to another country for employment
without the necessary travel documents constitute exploitation since their
well-being was disregarded as they were deprived of the protection
afforded by the proper government agencies.

At this point, it is necessary to point out that a finding of probable
cause does not require an inquiry into whether there is sufficient evidence
to procure a conviction for it is enough that it is believed that the act or
omission complained of constitutes the offense charged. It needs only to
rest on evidence showing that, more likely than not, a crime has been
committed by the suspect.
The defense of respondent that____________________ are

matters of evidence, best addressed and appreciated in a court of law
during a full-blown trial of the merits.
With respect to the charge of estafa under Article 315, Section 2(a)
of the Revised Penal Code, as amended, we are convinced that respondent
should be held liable for the said offense. The basic elements of estafa are:
a) Deceit or abuse of confidence; and b) Damage or prejudice to the
offended party. Deceit, upon which complaint is instituted, is committed
by defrauding another through false pretense or fraudulent acts executed
prior to or simultaneous with the damage.
Verily, the bare denial of respondent, absent any convincing

supporting evidence, is undeserving of credence. We have reason to believe
that respondent employed false pretense, fraudulent act or fraudulent
means to convince_________________ to part with their money as she
claimed that she had the authority, power and influence to assist them in
their exit from the country. The fact that respondent
instructed________________ as to which immigration counter to go to
and even coaxed them what to tell the immigration officer on duty clearly
indicates the presence of fraud or deceit on her part.
Considering that respondent had no official business to be at the

NAIA airport since she was assigned in_____________ at the time of
the incident, it is respectfully recommended that further investigation be
conducted by the NBI to determine the administrative liability and
violation of other laws by respondent Torres.
WHEREFORE, premises considered, it is respectfully

recommended that the corresponding information against
respondent________ for Qualified Trafficking in Persons under Section
6(f), in relation to Section 5(e) of Republic Act No. 9208, otherwise known
as the “Anti-Trafficking in Persons Act of 2003” and for estafa under
Article 315, Section 2(a) of the Revised Penal Code, as amended, be filed in
the proper court.

SO ORDERED.
(place), (date).

(designation)
(Name)
Division Chief
A P P R O V E D:
(Name)
Copy furnished:

OFFICE OF____________
_____________ CITY
(Name)
_________________________,
Complainant,
NPS DOCKET NO. ____
-versus - For: VIOLATION OF
SECTION 5(e) RA 9208
(Name)
____________________________,
Respondent.
Promulgated:
x -------------------------------------------- x _________________
RESOLUTION
This resolves the instant complaint for violation of Section 5 (e)

of Republic Act (R.A.) 9208, also known as “Anti-Trafficking in Persons
Act of 2003” against respondent_________.
Records reveal that on ___________ 2011, Complainants, both

from the______________________, in the discharge of their duties,
conducted monitoring of outgoing passengers at the Departure
Immigration Counters of the Ninoy Aquino International Airport (NAIA)
Terminal ___ relative to the reported facilitation of the travel exit of
certain passengers without proper documentation.
During said monitoring, complainants formally endorsed for

investigation _____ off-loaded passengers, namely_____________
(collectively, the “passengers”), who were all suspected of being human
trafficking victims since they lacked the proper documentation for their
travel and employment abroad.
It appears that after interception of the passengers, it was

discovered that they were all cleared for departure by respondent as
evidenced by their passports stamps bearing the number ____ which is
assigned to respondent. During their examination, said passengers
admitted that they were advised by their recruiters to queue only at
specific immigrations counters indicated to them by a certain____ who

informed them through SMS messages to line up at counter ___, which
was later on discovered to be the station of respondent.
Complainants emphasize that the above-mentioned passengers

were immediately cleared for departure by respondent despite their lack
of proper exit documents such as the POEA Overseas Employment
Certificate (OEC) and affidavits of support. In fact, it is claimed that
respondent immediately cleared them for departure without even
inspecting their travel documents and verifying the purpose of their
travel. Records also show that a few days prior to the subject incident, the
passengers were disallowed to depart the country after presenting the
same documents brought before respondent.
Complainants allege that respondent committed acts that

promote trafficking in persons when she gave clearances to said
passengers who had no POEA OECs despite the obvious indications that
the purpose of their travel was for work. Likewise, it is argued that the
irregularity of the affidavits of support presented by the passengers who
had short-term visit visas should have given respondent more reason to
verify the documents presented to her and question the passengers
concerned.
On the other hand, Respondent denies having intentionally

facilitated the international travel exit of the above-named passengers.
She also denies that_________________________.
A careful evaluation of the facts and issues raised, we find

probable cause to charge the respondent for violating Section 5 (e) of RA
9208.
Respondent is indicted for violating Section 5 (e) of RA 9208, to

wit:
“SEC. 5. Acts that Promote Trafficking ion Persons. –

The following acts which promote or facilitate trafficking
in persons, shall be unlawful:
(e) To facilitate, assist or help in the exit and

entry of persons from/to the country at
international and local airports, territorial
boundaries and seaports who are in
possession of unissued, tampered or
fraudulent travel documents for the purpose
of promoting trafficking in persons;”
Trafficking in persons, under RA 9208, is defined as:

“the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the
victim’s consent or knowledge, within or across national
borders by means of threat or use of force, or other forms
of coercion, abduction, fraud, deception, abuse of power or
of position, taking advantage of the vulnerability of the
person, or the giving or receiving of payments or benefits
to achieve the consent of a person having control over
another person for the purpose of exploitation which
includes at the minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation,
forced labor or services, slavery, servitudes or the removal
or sale of organs.”1
A perusal of the above-mentioned provisions of R.A. 9208 shows

that the law aims to protect trafficking victims by penalizing the persons
who allow or facilitate the departure of passengers who are not properly
documented.
Thus, contrary to respondent’s claim, it is clear that the law

prohibits the act of facilitating the departure of passengers with unissued,
tampered or fraudulent travel documents as well as the act of facilitating
the departure of passengers with incomplete exit documents. If the scope
of the prohibition was limited to unissued, tampered and fraudulent
documents only, human traffickers can just easily escape liability despite
the facilitation of the exit and entry of their victims into and out of the
country without the proper government clearances.
In this case, the absence of the POEA OECs as well as the

questionable affidavits of support presented by the concerned passengers
will clearly show that respondent-appellant facilitated their travel exit
even with fraudulently issued travel documents or worse, in some cases,
even without the necessary travel documents.
The fact that the subject passengers were instructed by their

recruiters to line up at the counter where_____________ was
stationed and her subsequent act of immediately approving their exit will
readily show that respondent assisted the recruiters of these passengers
in ensuring their exit from the country and their eventual employment
abroad. Respondent’s participation in the trafficking activities of the said
recruiters was sufficiently established by the positive and categorical
assertions of the off-loaded passengers that she is the immigration officer
1
Section 3 (A), R.A. 9208, Anti-Trafficking in Persons Act of 2003

pin-pointed by their recruiters who will facilitate their exit, and she
indeed cleared them without examining their travel documents.
Therefore, putting together these vital pieces of evidence, it is

indubitably shown that there engenders a well-founded belief that
Respondent is probably guilty of facilitating and promoting trafficking in
persons by allowing the passengers to exit from the airport without the
proper travel documents.
As to the claim of respondent that the element of exploitative

purpose is absent in this case, it should be pointed out that the passengers
have admitted that the purpose of their travel was to engage in work
abroad. Thus, it is evident that when they were cleared for departure
without the necessary POEA clearances and certificates, they did not
undergo the proper procedure to ensure their protection as overseas
Filipino workers.
It is worthy to mention that the element of exploitative purpose

need not be consummated in order for the charge to prosper since this
element refers to the intention to use a person for an exploitative
purpose.2 The act of transporting the passengers to another country for
employment without the necessary documents would constitute
exploitation since their well-being was disregarded as they were deprived
of the protection afforded by the proper government agencies.
At this point, it is necessary to point out that a finding of probable

cause does not require an inquiry into whether there is sufficient evidence
to procure a conviction for it is enough that it is believed that the act or
omission complained of constitutes the offense charged.3 It needs only to
rest on evidence showing that, more likely than not, a crime has been
committed by the suspect.
Respondent’s defenses that she cleared the exit of the off-loaded

passengers in good faith, and the veracity of the Affidavits of the affiants
are all matters of evidence, best addressed and appreciated in a court of
law during a full-blown trial of the merits.
WHEREFORE, premises considered, undersigned respectfully

recommends that upon approval of this resolution, the attached
information for violation of Section 5 (e) of RA 9208 be filed against the
respondent.
2 Manual on Law Enforcement and Prosecution of Trafficking in Persons, Chapter I, page 8.

3
Ang-Abaya vs. Ang, 573 SCRA 129 (2008).
SO ORDERED.
(place), (date).

(designation)
(Name)
Division Chief
A P P R O V E D:
(Name)
Copy furnished:

CHAPTER VI
SAMPLES OF
INFORMATIONS

Republic of the Philippines
REGIONAL TRIAL COURT
________________ Judicial Region
BRANCH ____, City/Municipality
PEOPLE OF THE PHILIPPINES,

Plaintiff,
- versus - CRIM. CASE NO. __________

(NPS No. ______________)
FOR: ABDUCTION WITH RAPE
(complete name of accused)

(Address: ______________/
Detained at ___________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION
The undersigned Assistant State/Provincial/City Prosecutor

accuses (complete name of accused) of the crime of ABDUCTION
WITH RAPE, committed as follows:
That on or about the 1st day of July, 2016, in the

___________, Philippines, and within the jurisdiction
of this Honorable Court, the above-named accused
conspiring, confederating together and helping one
another and by means of force, threat, violence and
intimidation, while armed with a bladed weapon known
as Badong, did then and there willfully, unlawfully and
feloniously take and carry away one AAA, a girl of 16
years of age, against her will and consent and brought to
the forest and on the occasion thereof the said accused
by means of force, threat, violence and intimidation, and
while armed with a knife, accused ________, with lewd
design, did then and there willfully, unlawfully and
feloniously have carnal knowledge with said AAA,
against her will and consent, to her damage and
prejudice.

That on the occasion of the said Rape, accused
________ helped __________ by acting as look-out
during the commission of the said crime.
Contrary to law.
(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
__________________________
CERTIFICATION
This is to certify that a preliminary investigation has been

conducted in this case; that based on the evidence submitted by the
private complainant, there is sufficient ground to engender a well-
founded belief that abduction with rape has been committed, and that
the accused is probably guilty thereof and should be held for trial; and
that the accused was afforded due process of law.

(designation)
_________________________
Issued on __________________
SUBSCRIBED AND SWORN to before me this ___ day of

(month) (year) at (place)
WITNESSES:
1.
2.
3. Others.
NO BAIL.

MUNICIPAL TRIAL COURT

Plaintiff,
- versus - CRIM. CASE NO.__________

(NPS No. ________________)
FOR: ACTS OF LASCIVIOUSNESS

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of ACTS OF
LASCIVIOUSNESS, committed as follows:
That on or about the 29th day of August, 2016, in the

Barrio of ____, Municipality of _____, Province of
______, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused with the
deliberate intent to satisfy his lust, did then and there
willfully, unlawfully and feloniously commit an act of
lasciviousness on the person of (Complete Name of the
victim), a public school teacher, by then and there
placing himself close to her, embracing and kissing her
against her will and by means of force, and as a
consequence thereof said offended party fell to the floor
resulting to her injury which caused her pain and
tenderness on the right side of the trunk on the posterior
surface of the right arm which injuries may require 3 to
4 days to heal; that the crime was committed with the
aggravating circumstance that the same was perpetrated
inside the public school building and during class hour.

Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
__________________________
CERTIFICATION

founded belief that acts of lasciviousness has been committed, and that

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDED: _________________


Plaintiff,
- versus - CRIM. CASE NO. ________

(NPS No. _____________)
FOR: ATTEMPTED MURDER

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of murder, committed as follows:
That on or about the 17th day of May, 2016, in the

_____________, Philippines, a place within the
jurisdiction of this Honorable Court, the above-named
accused, armed with a gun, with treachery, with intent to
kill, did then and there willfully, unlawfully and
feloniously fired his gun towards one (complete name
of victim), thus commencing the commission of the
crime of Murder directly by overt acts but did not perform
all the acts of execution which should produce the crime
of Murder by reason of cause or causes other than his own
spontaneous desistance, that is due to the fact that he was
not able to hit the said (complete name of victim).

Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
__________________________
CERTIFICATION

conducted in this case; that based on the evidence submitted by the private
complainant, there is sufficient ground to engender a well-founded belief
that attempted murder has been committed, and that the accused is
probably guilty thereof and should be held for trial; and that the accused
was afforded due process of law.

(designation)
_________________________
Issued on __________________
SUBSCRIBED AND SWORN to before me this ___ day of (month)

(year) at (place)
WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDED: ONE HUNDRED TWENTY

THOUSAND (Php120,000.00).

_____Judicial Region
Branch___, City/Municipality

Plaintiff,
Crim. Case No. ___________
- versus - (NPS No. _______________)
FOR: Violation of R.A. No. 9262

(Address: ____________/
Detained at___________)
Accused.
x-------------------------------------------------x
INFORMATION

accuses (complete name of the accused) of the crime of violation of
Section 5 (i) of Republic Act No. 9262 (“Anti-Violence Against Women
and their Children” or “AVAWC”), committed as follows:
That on or about the month of January 2015 up to the

present, in the _______, Philippines, and within the
jurisdiction of this Honorable Court, the above-named
accused, being the biological father of (Name of victim),
born May 26, 2009, a child suffering from cerebral palsy
and epilepsy, did then and there wilfully, unlawfully and
feloniously, refuse, deprive, or otherwise deny sufficient
support due to (Name of victim) despite being gainfully
employed, and further failed and continuously fails to
provide paternal care and interest to (Name of victim),
leaving the latter under the sole care, custody, and
support of his mother, (Name of mother of victim), an
unemployed and unmarried mother; Thus, by reason of
these deliberate and criminal omissions and deprivations
by the afore-named accused, (Name of victim) was
denied, and continues to be denied of his much-needed
medical attendance, therapy, and provisions, thereby
causing unto (Name of mother of victim) and (Name of
victim) mental and emotional anguish, psychological

suffering, and public ridicule or humiliation, to their
utter damage and prejudice.
Contrary to law.
(place), (date)
(designation)
________________________
Issued on __________________
APPROVED:
(Name)
(designation)
__________________________
CERTIFICATION

founded belief that a violation of Section 5 (i) of Republic Act No. 9262
has been committed, and that the accused is probably guilty thereof and
should be held for trial; and that the accused was afforded due process of
law.

(designation)
_________________________
Issued on

WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDED: Php40,000.00


Plaintiff,
- versus - CRIM. CASE NO. ___________

(NPS No. ________________)
FOR: DIRECT ASSAULT

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of Direct Assault upon
a person in authority, committed as follows:
That on or about September 30,2016, in the municipality of

_________, Province of __________, Philippine Islands,
the above-named accused, being a pupil of the teacher (Name
of victim), did then and there willfully, unlawfully and
feloniously attack and lay hands upon her person, to wit:
slapped said (Name of victim) on one of her cheeks, while she
was engaged in the performance of her duties as such teacher
and while she was within the premises of the high school
building exercising the functions inherent in such capacity.
Contrary to law.

(designation)
_________________________
Issued on __________________

APPROVED:
(Name)
(designation)
__________________________
CERTIFICATION

that direct assault has been committed, and that the accused is probably
guilty thereof and should be held for trial; and that the accused was afforded
due process of law.

(designation)
_________________________
Issued on __________________

(year) at (place)
WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDED:


Plaintiff,
- versus - CRIM. CASE NO. _________

(NPS No. _______________)
FOR: ESTAFA

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION
The undersigned Assistant State/Provincial/City Prosecutor accuses

(complete name of accused) of the crime of ESTAFA, committed as
follows:
That sometime during the period from October to

December, 2016 in the ___________, Philippines and
within the jurisdiction of this Honorable Court, the above-
named accused, did then and there willfully, unlawfully and
feloniously defraud (complete name of victim), by way
of false pretenses, which are executed prior to or
simultaneous with the commission of the fraud, as follows,
to wit: the accused knowing fully well that she was not
authorized job recruiter for persons intending to secure
work abroad convinced said (complete name of victim)
and pretended that she could secure a job for him abroad,
for and in consideration of the sum of Php70,000.00 when
in truth and in fact he could not; the said (complete name
of victim) deceived and convinced by the false pretenses
employed by the accused parted away the total sum of
Php70,000.00, in favor of the accused, to the damage and
prejudice of the said (complete name of victim) in the
aforementioned amount of SEVENTY THOUSAND PESOS
(Php70,000,00), Philippine Currency.

Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
__________________________
CERTIFICATION

founded belief that estafa has been committed, and that the accused is

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDED:


Plaintiff,

(NPS No. ________________)
FOR: ESTAFA THROUGH
FALSIFICATION

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of estafa through falsification,
committed as follows:
That on or about the 9th day of July, 2016, in the

____________, Philippines, and within the jurisdiction of
this Honorable Court, the said accused, with deliberate
intent, and with intent to defraud, did then and there falsify
a public document consisting of a Deed of Absolute Sale of a
parcel of land consisting of 803 square meters executed
before Notary Public _____________ per Doc. No. __,
Page No. ___, Book No. ___, Series of 20__ of the latter’s
Notarial Register showing that spouses ______________
sold their parcel of land located at Pardo, Cebu City, for a
consideration of Php130,000.00 in favor of accused by
imitating, counterfeiting, signing or [causing] to be imitated
or counterfeited the signature[s] of spouses ___________
above their typewritten names in said document as
vendor[s], when in truth and in fact as the accused very well
knew that spouses ____________ did not sell their
aforestated described property and that the signature[s]
appearing in said document are not their signature[s], thus
causing it to appear that spouses _______________
participated in the execution of said document when they
did not so participate. Once said document was falsified,
accused did then and there cause the transfer of the titles of
said land to his name using the said falsified document, to
the damage and prejudice of spouses ______________ in
the amount of PhP130,000.00, the value of the land.
Contrary to law.
(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
__________________________
CERTIFICATION

founded belief that estafa through falsification has been committed, and
that the accused is probably guilty thereof and should be held for trial; and
(designation)
_________________________
Issued on __________________
SUBSCRIBED AND SWORN to before me this ___ day of (month) (year)

at (place)
WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDED:


Plaintiff,

(NPS No. ________________)
FOR: FRUSTRATED MURDER

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of frustrated murder, committed
as follows:
That on or about the 13th day of July 2016, in the

__________, Philippines, and within the jurisdiction of
this Honorable Court, the above-named accused, while
armed with a handgun, with intent to kill, treachery and
evident premeditation, did then and there willfully,
unlawfully, and feloniously attack, assault and shoot one
(complete name of victim) on the head, thereby
inflicting gunshot wounds, which ordinarily would have
caused the death of said (complete name of victim),
thereby performing all the acts of execution which would
have produced the crime of Murder as a consequence, but
nevertheless did not produce it by reason of cause or
causes independent of his will, that is, due to the timely
and able medical assistance rendered to said(complete
name of victim) which prevented his/her death.

Contrary to law.

(designation)
_________________________
Issued on
APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that frustrated murder has been committed, and that the
accused is probably guilty thereof and should be held for trial; and that
the accused was afforded due process of law.

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
BAIL RECOMNEDED:

________________ Judicial Region/District

Plaintiff,
- versus - CRIM.CASE NO. __________

(NPS No. _______________)
FOR: HOMICIDE

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of homicide,
That on or about August 12, 2016, in the ________within

the jurisdiction of this court, the said accused, armed with a
bladed weapon, with intent to kill, did then and there willfully,
unlawfully and feloniously attack, assault and stab one
(complete name of victim), thereby inflicting upon him a
fatal wound which directly caused his death.
Contrary to law.

(designation)
_________________________
Issued on

APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that homicide has been committed, and that the accused is

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDED: FORTY THOUSAND PESOS.
(Name of Division Chief)

(designation)
___________________
Issued on ____________


Plaintiff,

(NPS No. _______________)
FOR: ILLEGAL RECRUITMENT

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of ILLEGAL
RECRUITMENT COMMITTED IN LARGE SCALE, committed as follows:
That during the period from May to December, 2016, in the

____________, Philippines, and within the jurisdiction
of this Honorable Court, the above-named accused, did
then and there willfully, unlawfully and knowingly for a fee,
recruit and promise employment as factory workers in
Italy to more than three (3) persons including, but not
limited to the following: (Names of victims) without said
accused having first secured the necessary license or
authority from the Department of Labor and Employment.
Contrary to law.

(designation)
_________________________
Issued on

APPROVED:
(Name)
(designation)
__________________________
CERTIFICATION

founded belief that illegal recruitment has been committed, and that the

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. ______________)
FOR: KIDNAPPING AND
SERIOUS ILLEGAL DETENTION

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of KIDNAPPING
AND SERIOUS ILLEGAL DETENTION, committed as follows:
That on or about the 29th day of September, 2016, in the

_______________, Philippines, and within the jurisdiction of
this Honorable Court, the above-named accused, armed with
high powered firearms conspiring, confederating and helping
one another, by means of force, violence and intimidation, did
then and there, willfully, unlawfully and feloniously take,
kidnap, detain and keep under guard one (complete name of
victim) from _____________, and bring the latter to their
detachment at ____________, under restraint and against his
will, without proper authority thereof, thereby depriving said
victim of his civil liberty since then up to the present.
Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that kidnapping and serious illegal detention has been
committed, and that the accused is probably guilty thereof and should be
held for trial; and that the accused was afforded due process of law.

(designation)
_______________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDATION:


Plaintiff,

(NPS No. ________________)
FOR: MURDER

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of murder, committed as follows:
That on or about _____________, at about _________

(a.m./p.m.), in the ______________and within the
jurisdiction of this Honorable Court, the said accused, with
evident intent to kill, did the and there willfully, unlawfully,
and feloniously, suddenly, unexpectedly, and treacherously,
assault, attack and wound (complete name of victim) from
behind with the use of a bolo, rendering him unconscious, and
continued to inflict mortal wounds on the said (complete
name of victim) while the latter was already unconscious
and unable to defend himself, causing his instantaneous
death.
Contrary to law.

(designation)
_________________________
Issued on __________________

APPROVED:
(Name)
(designation)
CERTIFICATION

that murder has been committed, and that the accused is probably guilty
thereof and should be held for trial; and that the accused was afforded due
process of law.

(designation)
_________________________
Issued on __________________

(year) at (place)
WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. _______________)
FOR: MURDER THROUGH
KIDNAPPING

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of MURDER
THROUGH KIDNAPPING, committed as follows:
That on or about the 10th day of June, 2016, in the City of

________, Philippines, the said accused, being then
private individuals, conspiring and confederating together
and all helping one another, did then and there willfully,
unlawfully, feloniously, and for purpose of extorting ransom
from one (complete name of victim) or of killing him if
the desired amount of money could not be given, kidnap,
carry away in an automobile, detain, and later, after having
taken him to an uninhabited place by means of a motor
boat, with treachery, to wit: while the said (complete
name of victim) was deprived of his liberty and was very
weak as a result of the physical injuries which had been
previously inflicted upon him by the said accused, fire upon
him with a .45 caliber pistol several shots thru the chest and
head, fracturing the right 5th and 6th ribs and the skull and

lacerating the brain, thereby inflicting upon him physical
injuries which directly caused the death of the said
(complete name of victim) almost instantaneously.
Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that murder through kidnapping has been committed, and
that the accused is probably guilty thereof and should be held for trial; and

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. ______________)
FOR: QUALIFIED THEFT

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of QUALIFIED
THEFT, committed as follows, to wit:
That on or about February 21, 2016, in the _______,

Philippines, the said accused, did then and there
willfully, unlawfully and feloniously, with intent of gain
and without the knowledge and consent of the owner
thereof, take, steal and carry away 15 "Walther"
Calculating machine-manual, Model WSR-160 with Ser.
No. 165308 and D/R No. 2258, all valued at
Php13,000.00, belonging to AAA MERCHANDISING
CORPORATION, to the damage and prejudice of said
owner, in the aforesaid amount of Php13,000.00,
Philippine currency.
That in the commission of the said offense, the said

accused committed grave abuse of confidence, he being
then employed as a salesman of the said AAA
Merchandising Corporation, at the time, and as such,

had free access to the place where the property stolen
were kept.
Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that qualified theft has been committed, and that the

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDED:


Plaintiff,

(NPS No. ________________)
FOR: VIOLATION OF RA9262
(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of VIOLATION OF RA 9262
involving economic sabotage, committed as follows, to wit:
That sometime in the year 1995 and up to the present, more

or less, in the Municipality of ________, Philippines, and
within the jurisdiction of this Honorable Court, the above-
named accused, did then and there willfully, unlawfully and
deliberately deprive, refuse and still continue to deprive his
son (complete name of victim), a fourteen (14) year old
minor, of financial support legally due him, resulting in
economic abuse to the victim.
Contrary to law.

(designation)
_________________________
Issued on __________________

APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that a violation of Republic Act No. 9262 has been
committed, and that the accused is probably guilty thereof and should be
held for trial; and that the accused was afforded due process of law.

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDATION:


Plaintiff,

(NPS No. _____________)
(complete name of accused) FOR: VIOLATION OF SEC. 5
(Address: _______________/ ART. II, REP. ACT 9165
Detained at _____________) (Sale of Dangerous Drugs)
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of violation of Section 5,
Article II of Republic Act 9165, as amended, committed as follows:
That on or about October 27, 2016, in the

________, Philippines, within the jurisdiction of this
Honorable Court, the said accused, not being then
authorized by law to sell, trade, deliver or give away to
another any dangerous drug, did then and there
willfully, unlawfully and knowingly sell to a police-
poseur buyer four (4) heat-sealed transparent medium
plastic sachets each containing FORTY NINE POINT
NINE SIX FIVE SIX (49.9656) grams
subsequently marked “AAA with date and
signature” FIFTY POINT ONE TWO THREE SIX
(50.1236) grams subsequently marked “AAA-1,”
FORTY NINE POINT NINE ZERO NINE NINE
(49.9099) grams subsequently marked “AA-2” and
FORTY NINE POINT ONE ONE SIX EIGHT
(49.1168) grams subsequently marked “AAA-3” or
in the total weight of ONE HUNDRED NINETY
NINE POINT ONE ONE FIVE NINE (199.1159)
grams of METHAMPHETAMINE
HYDROCHLORIDE, a dangerous drug.

Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that a violation of Section 5, Art. II of Republic Act No.
9165 has been committed, and that the accused is probably guilty
thereof and should be held for trial; and that the accused was afforded
due process of law.

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
NO BAIL.

_____________Judicial Region
Branch _____, City/Municipality

Plaintiff,
- versus - CRIM. CASE NO.___________

(NPS Docket No. __________)
(complete name of accused) FOR: VIOLATION OF SEC. 6,
(Address: _______________/ ART. II OF R.A. No. 9165
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION
That undersigned Assistant State/Provincial/City Prosecutor

accuses (complete name(s) of accused) of a violation of Section 6,
Article II of Republic Act 9165, committed as follows:
That on or about November 4, 2016, in the

__________, Philippines, within the jurisdiction of
this Honorable Court, the said accused, being then the
(owners/lessees/possessor, maintainer*) of a
residential house located at Road 12 NDC
Compound, Anonas St., Sta. Mesa, this City,
conspiring and confederating together and helping one
another, did then and there willfully, unlawfully and
knowingly maintain said house as a den, where
dangerous drug is used or sold in any form.
Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

9165has been committed, and that the accused is probably guilty thereof
and should be held for trial; and that the accused was afforded due
process of law.

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,
- versus - CRIM. CASE NO.___________

(NPS Docket No. __________)
VIOLATION OF SEC. 12, ART. II
(complete name of accused) REP. ACT 9165
(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - - x
INFORMATION
The undersigned accuses (Name of Accused) of a violation of

Section 12, Article 2 of Republic Act 9165, committed as follows:
That on or about October 27, 2016 in the

__________, Philippines, within the jurisdiction of
this Honorable Court, the said accused, without being
then authorized by law to possess or to have in his/her
control any equipment, instrument, apparatus and
other paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting or
introducing any dangerous drug into the body, did then
and there willfully, unlawfully and knowingly possess
and have under his/her control one (1) improvised
tooter, subsequently marked “AAA-1 with date and
signature,” intended, through any of the
aforementioned means, for the introduction into the
body of a dangerous drug.
Contrary to law.
(Name of Inquest Prosecutor)

(designation)
_______________________
Issued on _______________

APPROVED:
(Name)
(designation)
CERTIFICATION

due process of law.

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDED: FORTY THOUSAND (Php40,000.00)

PESOS


Plaintiff,

(NPS No. __________)
(complete name of accused) FOR: VIOLATION OF SEC. 15,
(Address: _______________/ ART. II REPUBLIC ACT No.
(Detained at _____________) 9165 (Use of Dangerous Drugs)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of violation of Sec. 15 Article
II of Republic Act 9165, committed as follows:
That on November 10, 2016, in the __________,

Philippines, within the jurisdiction of this Honorable
Court, the said accused, did then and there willfully,
unlawfully and criminally use, consume or ingest
methamphetamine hydrochloride,” a dangerous drug,
which use, consumption or ingestion was found and
determined after screening and confirmatory tests
were conducted on the urine sample of the said
accused.
Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)

CERTIFICATION

due process of law.

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDED: SIXTY THOUSAND PESOS

(Php60,000.00)


Plaintiff,

(NPS No. ________________)
FOR: RAPE

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of rape of a minor through
sexual assault, committed as follows:
That on or about and sometime in the month of

February, 2013, in _________, Philippines and within
the jurisdiction of this Honorable Court, the said
accused, being the common law spouse of the minor
victim’s mother, through force, threats and
intimidation, did then and there willfully, unlawfully
and feloniously commit an act of sexual assault upon
the person of [AAA], a minor 13 years of age, by then
and there mashing her breast and inserting his finger
inside her vagina against her will.4
Contrary to law.

(designation)
_________________________
Issued on __________________

APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that rape has been committed, and that the accused is

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
NO BAIL.

________________ Judicial Regio

Plaintiff,

(NPS No. ________________)
FOR: RAPE

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of rape of a minor, committed
as follows:
That on or about and sometime in the month of

December, 2013, in ________________________,
Philippines and within the jurisdiction of this
Honorable Court, the said accused, being the stepfather
of [AAA], a minor 13 years of age, through force, threats
and intimidation, did then and there willfully,
unlawfully and feloniously have carnal knowledge of
said minor against her will.5
Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that rape has been committed, and that the accused is

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. _______________)
FOR: ATTEMPTED RAPE

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of attempted rape of a minor,
That on or about the 27th day of March, 2014, in

________________________, Philippines and
within the jurisdiction of this Honorable Court, the said
accused, ______________ being the common law
spouse of minor victim’s mother by means of force,
threats and intimidation, did then and there willfully,
unlawfully and feloniously commence the commission
of the crime of Rape against the person of minor,
[AAA], a13 years old minor by then and there crawling
towards her direction where she was sleeping, putting
off her skirt, but did not perform all the acts of
execution which would have produce[d] the crime of
rape for the reason other than his own spontaneous
desistance, that is the timely arrival of minor victim’s
mother who confronted the accused, and which acts of
child abuse debased, degraded and demeaned the
intrinsic worth and dignity of said minor complainant
as a human being.6

Contrary to law.

(designation)
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that attempted rape has been committed, and that the

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
BAIL RECOMMENDED:


Plaintiff,

(NPS No. _______________)
FOR: RAPE WITH HOMICIDE

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of RAPE WITH
HOMICIDE, committed as follows:
That on or about the 2nd day of July, 2016, in

________________, and within the jurisdiction of this
Honorable Court, the above-named accused with lewd
design and by means of force, violence and intimidation
employed upon the person of one Vic tima, did then and
there willfully, unlawfully and feloniously lie and have
sexual intercourse with said Vic tima, against the latters
will and without her consent, and thereafter with
deliberate intent to kill beat and choked her with nylon
cord which caused the latter’s death.
Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that rape with homicide has been committed, and that

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. ________________)
FOR: ROBBERY WITH
HOMICIDE

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime ROBBERY WITH
HOMICIDE, committed as follows:
That on or about the 17th day of July, 1984, in

_________, Philippines, and within the jurisdiction
of this Honorable Court, the said accused, ________
and ___________, conspiring and confederating
together and mutually helping one another, by means
of force and violence employed upon the person of
____________, in that by repeatedly stabbing with
sharp bladed instruments the latter on the vital parts of
her body, with intent of gain and against the will and
consent of said ____________, did then and there
willfully, unlawfully and feloniously take, steal and rob
from the latter, her Walkman Transistor Radio, valued
at Php1,200.00, more or less, to the damage and
prejudice of said ________ in the amount of
Php1,200.00, and which radio has never been
recovered: that also as a consequence of the force and

violence employed by the herein accused upon the
person of _________, prompted by deliberate intent
to kill, the latter sustained mortal wounds which caused
her untimely death, to the damage and prejudice of the
victim.
Contrary to law.

(designation)
_________________________
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that robbery with homicide has been committed, and
that the accused is probably guilty thereof and should be held for trial;
and that the accused was afforded due process of law.

(designation)
_________________________
Issued on __________________

(month) (year) at (place).
WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. ________________)
FOR: ROBBERY WITH
HOMICIDE AND FRUSTRATED
HOMICIDE
(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of ROBBERY
WITH HOMICIDE AND FRUSTRATED HOMICIDE, committed as
follows:
That on or about the 15th day of June, 2016, in the

_______, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, conspiring
together and mutually helping one another and all armed
with guns and pointed bolos with intent of gain and by
means of violence against and intimidation upon persons,
did then and there willfully, unlawfully and feloniously
enter the house of one (complete names of victims) and
once inside rob, steal, take and carry away against their will
and content the amount of P1,400.00 Philippine Currency
to their damage and prejudice in the said mentioned sum
and that by reason and on the occasion of the said robbery
the above-mentioned accused in conspiracy did then and
there wilfully, unlawfully and feloniously shoot (complete
names of victims) with the weapons which the accused
have provided themselves for the purpose, thereby

inflicting upon (complete name of victim A) the
following wounds, to wit:
Gunshot, wound, entrance ½ cm. in diameter with

powder burns, right hypochondrium, penetrating,
perforating mesentery, retrocecal; hemorrhage,
moderately severe, secondary.
General peritonitis, Toximia, severe.
Gunshot wound, entrance, ½ cm. diameter with

powder burns lateral middle 3rd, arm, right.
Exit — ½ cm. in diameter, posterior, middle 3rd arm,

left. No exit, which wounds caused her death.
and upon (complete of victim B) the following wounds,

to wit:
Gunshot wound, entrance, ½ cm. in diameter antero-

medial upper 3rd, forearm, right.
Exit — ½ cm. in diameter antero-lateral upper third,

forearm, right.
which wounds required a period of from twenty

(20) days to thirty-five (35) days to heal and
incapacitated said offended party from performing
his habitual work for the same period of time; thus
the accused performed all the acts of execution
which would have produced the crime of Homicide
as a consequence thereof with respect to said
(complete name of victim B) but nevertheless
did not produce it by reason or causes independent
of the will of the accused, that is, the timely and able
medical assistance rendered to said (complete
name of victim B) but nevertheless which
prevented her death.
Contrary to law.

(designation)
Issued on __________________

APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that robbery with homicide and frustrated homicide has
been committed, and that the accused is probably guilty thereof and
should be held for trial; and that the accused was afforded due process
of law.

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. ________________)
FOR: ROBBERY WITH RAPE

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of ROBBERY WITH
RAPE, committed as follows:
That on or about the (date), at (place) and within the

jurisdiction of this Honorable Court, the said accused,
with intent to gain, and by means of violence and
intimidation of person, while armed with a knife and after
an unlawful entry in the middle of the night, did then and
there willfully, unlawfully and feloniously take, steal and
rob from one (complete name of victim) the sum of
FIVE THOUSAND AND SIXTY (Php5,060.00) Pesos,
Philippine Currency; that the aforesaid robbery was
accompanied by rape when said accused then and there
had sexual intercourse with said (complete name of
victim) by means of force and intimidation and against
her will.
Contrary to law.

(designation)
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

that robbery with rape has been committed, and that the accused is

(designation)
_________________________
Issued on __________________

(year) at (place)
WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. ________________)
FOR: SERIOUS ILLEGAL DETENTION

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of SERIOUS
ILLEGAL DETENTION, committed as follows:
That on or about the 2nd day of July, 2016 in the morning

up to December 15, 2016, at _______,
City/Municipality of __________, Philippines, and
within the jurisdiction of this Honorable Court, the
above-named accused conspiring, confederating
together and mutually helping one another, with the use
of force, violence and intimidation, did then and there
willfully, unlawfully and feloniously take and detain
AAA, an unmarried woman under 15 years of age in the
house of _________ thereby depriving said AAA of her
liberty all against her will and as a result of that illegal
detention, said AAA was not able to go home to her
mother for a period of more than five (5) months.
Contrary to law.

(designation)
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that serious illegal detention has been committed, and that

(designation)
_________________________
Issued on __________________

WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. ________________)
FOR: SLIGHT PHYSICAL INJURIES

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of SLIGHT
PHYSICAL INJURIES, committed as follows, to wit:
That on or about _____________, at about

_________ (a.m./p.m.), in the ______________ and
within the jurisdiction of this Honorable Court, the said
accused did there and then willfully, unlawfully and
feloniously, and without justifiable cause therefor, attack,
assault, and beat one _____________, punching him
on the face, thereby inflicting on the latter physical
injuries, which have required and will require medical
attention for a period of less than nine (9) days, and have
incapacitated and will incapacitate him from labor for the
same period of time.
Contrary to law.

(designation)
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

that slight physical injuries has been committed, and that the accused is

(designation)
Issued on __________________

(year) at (place)
WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. ________________)
FOR: SERIOUS PHYSICAL INJURIES

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of SERIOUS

(a.m./p.m.), in the ______________ and within the jurisdiction
of this Honorable Court, the said accused did there and then
willfully, unlawfully and feloniously, and without justifiable cause
therefor, attack, assault, and beat one _____________ with a
baseball bat, resulting to injuries to the latter rendering him in
capacitated for labor for a period of more than thirty (30) days.
Contrary to law.

(designation)
Issued on __________________

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Plaintiff,

(NPS No. ________________)
FOR: LESS SERIOUS PHYSICAL
INJURIES

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of LESS SERIOUS

(a.m./p.m.), in the _______________ and within the
jurisdiction of this Honorable Court, the said accused did there
and then willfully, unlawfully and feloniously, and without
justifiable cause therefor, attack, assault, and beat one
_____________, punching and kicking him in different parts
of his body, thereby inflicting on the latter wounds in different
parts of his body, which have required and will require medical
attention for a period of not less than ten (10) days but not more
than (30) days, and have incapacitated and will incapacitate him
from labor for the same period of time.
Contrary to law.

(designation)
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

that less serious physical injuries has been committed, and that the
accused is probably guilty thereof and should be held for trial; and that the
accused was afforded due process of law.

(designation)
Issued on __________________

(year) at (place)
WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. ________________)
FOR: ESTAFA

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION
The undersigned Assistant State/Provincial/City Prosecutor accuses

(complete name of accused) of the crime of Estafa under Article 315,
paragraph 2(a) of the Revise Penal Code in relation to P.D. 1689,
That on or about the 3rd week of January 2016 or

subsequent thereto in the City or Municipality
of________ and within the jurisdiction of this
Honorable Court, the above-named accused, conspiring
and confederating together and all of them mutually
helping and aiding one another in a syndicated manner
consisting of five (5) or more persons through
corporations registered with the Securities and Exchange
Commission (SEC) and/or unregistered foreign entities
with intention of carrying out the unlawful or illegal act,
transaction, enterprise or scheme, with intent to gain and
by means of fraud and deceit, did then and there willfully,
unlawfully and feloniously defraud (Name of victim) and
several other persons in the following manner, to wit: by
falsely or fraudulently pretending or representing, in a

transaction or series of transactions, which they made
with the Complainant and the public in general to the
effect that they were in a legitimate business of foreign
exchange trading successively or simultaneously
operating under the following name and style of AAA
Philippines, Incorporation, BBB Management Philippines
Incorporated, CCC Management Consultancy, Inc. and/or
DDD Profits Limited or other unregistered foreign entities
induced and succeeded in inducing complainant and
several other persons to give and deliver and in fact, the
latter and said persons gave and delivered to said accused
the amount of at least US$ 123,461.14 or its equivalent in
Philippine Pesos on the strength of said manifestations
and representations, the accused knowing fully well that
the above-named corporations registered with the SEC
and/or those unregistered foreign entities are not licensed
nor authorized to engage in foreign exchange trading
corporations and that such manifestations and
representations to transact in foreign exchange were false
and fraudulent that resulted to the damage and prejudice
of the complainant and other persons and that the
defraudation pertains to funds solicited from the public in
general by such corporations/associations.
Contrary to law.

(designation)
Issued on __________________
APPROVED:
(Name)
(designation)

CERTIFICATION

that estafa has been committed, and that the accused is probably guilty
thereof and should be held for trial; and that the accused was afforded due
process of law.

(designation)
_________________________
Issued on __________________

(year) at (place)
WITNESSES:
1.
2.
3. Others.
NO BAIL.


Plaintiff,

(NPS No. ________________)
FOR: DIRECT ASSAULT WITH
UNINTENTIONAL ABORTION

(Address: _______________/
Detained at _____________)
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
INFORMATION

accuses (complete name of accused) of the crime of Direct Assault
with Unintentional Abortion, committed as follows:
That on the 17th day of July, 2016 at around 10:00

o’clock in the morning, at ____________,
Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused, did, then
and there, willfully, unlawfully, and feloniously
assault, attack, employ force and seriously intimidate
one (name of victim) a public classroom teacher of
AAA Elementary School while in the performance of
official duties and functions as such which acts
consequently caused the unintentional abortion upon
the person of the said (name of victim).
Contrary to law.

(designation)
Issued on __________________
APPROVED:
(Name)
(designation)
CERTIFICATION

founded belief that direct assault with unintentional abortion has been
committed, and that the accused is probably guilty thereof and should
be held for trial; and that the accused was afforded due process of law.

(designation)
Issued on __________________

WITNESSES:
1.
2.
3. Others.
NO BAIL.

CHAPTER VII
SAMPLES OF TEMPLATES

___________Judicial Region
BRANCH _______
_________ City/Municipality
People of the Philippines,

Plaintiff Crim. Case No. _________
- versus - For: Violation of Sec. 3601 of the
Tariff and Customs Code
____________________,
Accused.
x-------------------------------------x
MOTION FOR THE ISSUANCE OF

A HOLD-DEPARTURE ORDER
Undersigned State/Assistant Provincial/Assistant City

Prosecutor, unto this Honorable Court most respectfully moves for the
issuance of a hold-departure order (HDO) in the above-entitled case,
further stating that:
1. Accused stands charged of an offense that is of paramount

importance to the government in view of its far-reaching
deleterious effect on the national economy.
2. In order not to frustrate the ends of justice, as when the

accused seeks refuge in another country to escape prosecution
and there enjoy the fruits of his crime, it is imperative that a
hold-departure order be issued directing the Commissioner of
the Bureau of Immigration to prevent the former from leaving
the country during the pendency of the instant case.
3. The instant motion is filed pursuant to Department of Justice

Circular No. 38 dated August 15, 1990 which directs prosecutors
to move for the issuance of a hold-departure order in specific
cases, including violations of the Tariff and Customs Code. It is
not intended to delay the proceedings or infringe upon the
accused’s right to travel but for the reasons stated above.
WHEREFORE, it is respectfully prayed of this Honorable Court

that the instant motion be granted and that a hold-departure order be
issued in the above-entitled case directing the Commissioner of the
Bureau of Immigration to prevent the accused, _____________,
from leaving the country during the pendency of the instant case.
(Place/Date) ___________________________
State/Asst. City/Asst. Provincial/Prosecutor

NOTICE AND COPY FURNISHED:
Counsel for the Accused

(Address)
Private Prosecutor
(Address)
THE BRANCH CLERK

RTC Branch ______
GREETINGS:
Please take notice that on _________ at __________ a.m. or

soon thereafter, undersigned Prosecutor shall submit the foregoing
motion for the consideration of this Honorable Court.
___________________________________
State/Asst. Provincial/Asst. City Prosecutor
EXPLANATION
Due to the distance and lack of personnel to effect personal

service, the foregoing Motion is being served upon the adverse parties
via registered mail.
___________________________________

Republic of the Philippines Department of Justice
NATIONAL PROSECUTION SERVICE
_____________________
_____________________
MEMORANDUM
For: The Secretary of Justice
Thru: The Prosecutor General or

Regional/Provincial/City Prosecutor
____________________________________
Re: Cancellation of Passport/Travel Document
People versus _______________
Criminal Case No. ___________, RTC
_______ For: ____________________
Date:____________________
Please be informed that accused ______________ in the

above-entitled case has jumped bail and is reported to have fled
the country. Pursuant to Department Circular No. 38 dated
August 15, 1990, the passport/travel document of the said accused
should be cancelled as to make him an undocumented alien in the
host country and should, therefore, be subject to deportation.
Attached is a copy of the Court Order dated ___________

and the corresponding letter to the Secretary of Foreign Affairs.
For consideration and approval.

___________________________________
___________________________________________
Prosecutor General or Regional/Provincial/City Prosecutor
APPROVED:
______________________
Secretary
Encls.: As stated.

Republic of the Philippines Department of Justice
_____________________
_____________________
MEMORANDUM
For: The Secretary of Justice
Thru: The Prosecutor General or

Regional/Provincial/City Prosecutor
____________________________________
Re: Cancellation of Passport/Travel Document
People versus _______________
Criminal Case No. ___________, RTC
_______ For: ____________________
Date:____________________
Please be informed that accused ______________ in the

above-entitled case has jumped bail and is reported to have fled
the country. Pursuant to Department Circular No. 38 dated
August 15, 1990, the passport/travel document of the said accused
should be cancelled as to make him an undocumented alien in the
host country and should, therefore, be subject to deportation.
Attached is a copy of the Court Order dated ___________

and the corresponding letter to the Secretary of Foreign Affairs.
For consideration and approval.

___________________________________
___________________________________________
Prosecutor General or Regional/Provincial/City Prosecutor
APPROVED:
______________________
Secretary
Encls.: As stated.

_______________________________
_______________________________
______________________,
Complainant/s,
NPS Docket No. ____________
-versus- For: ____________________
______________________,
Respondent/s.
x----------------------------------------- x
ORDER
(To submit additional evidence/documents)
_________________________________
_________________________________
In connection with the investigation being conducted in the

above-captioned case, you are hereby directed to submit the following
evidence/documents, to wit:
1. __________________________________________
2. __________________________________________
3. __________________________________________
4. __________________________________________
5. __________________________________________
within _______ hours from receipt hereof (the period shall not exceed
twelve [12] hours, eighteen [18] hours or thirty-six [36] hours, as the case
may be, from arrest); otherwise, the undersigned shall order the release
of the above-named respondent, and this case shall be set for preliminary
investigation.
____________________________________, Philippines
__________________ 20______.
________________________
Inquest Prosecutor
(signature over printed name)
Received copy, this ___ day of _______________, 20 ____.

Copy received by:
____________________________
Investigating/Police Officer
(Signature over printed name)

__________________________________
__________________________________
______________________,
Complainant/s,
NPS Docket No. _____________
-versus- For: ______________________
______________________,
Respondent/s.
x----------------------------------------- x
RELEASE ORDER
(Of Detained/Arrested Person)
_____________________________
_____________________________
_____________________________
Unless otherwise detained for some other legal cause, you are
hereby directed to release the person of
__________________________________ who is presently
under your custody in connection with the above-captioned case, it
appearing that:*
respondent was not lawfully arrested pursuant to the provisions of

Section 5, Rule 113 of the Revised Rules on Criminal Procedure.
the documents required by the undersigned have not been
submitted by the police investigating officer.
there exists no probable cause on the basis of the evidence
presented.
*Check appropriate box/boxes and affix your initial.

In this connection, you are hereby directed to serve upon the
above-named respondent the attached subpoena together with the copies
of the charge sheet/complaint, affidavit and other supporting
documents/evidence.
___________________________, Philippines.
______________________
Inquest Prosecutor
APPROVED:
_______________________________
Prosecutor General or Provincial/City Prosecutor
Received copy, this ___ day of _______________, 20 ____.
___________________________
Investigating/Police Officer

__________________________________
__________________________________
______________________,
Complainant/s,
NPS Docket No. _____________
-versus- For: ______________________
______________________,
Respondent/s.
x----------------------------------------- x
SUBPOENA TO RESPONDENT/S
TO: __________________________
_______________________________
_______________________________
GREETINGS:
Under and by virtue of the authority vested in me by law, you are

hereby directed to submit your counter-affidavit and other supporting
documents or affidavits of your witness/es, if any, to be sworn to before
me on ______________________, 20___ at ____ a.m./p.m.
Attached is a copy of the complaint and other evidence submitted by the
complainant.
You are hereby WARNED that failure on your part to comply

with the subpoena shall be considered as a waiver of your right to present
your defense and the case shall be considered submitted for resolution
based on the evidence on record.
WITNESS MY HAND this ______ day of

____________________, 20___ at ______________,
Philippines.
___________________________
INVESTIGATING PROSECUTOR

__________________________________
__________________________________
______________________,
Complainant/s,
NPS Docket No. ___________
-versus- For: ___________________
______________________,
Respondent/s.
x----------------------------------------- x
REQUEST FOR PRELIMINARY INVESTIGATION

AND WAIVER OF ARTICLE 125, REVISED PENAL CODE
(Where Arrest was Properly Effected)
With the assistance of counsel of my choice, I wish to avail

of my right to a preliminary investigation, and for this purpose, I
hereby voluntarily waive my rights under the provisions of Article
125 of the Revised Penal Code. Pending the completion of the
preliminary investigation proceedings, I agree to remain under
police custody.
___________________________________, Philippines.
(Place)
_____________________.
(Date)
_________________________
Respondent
Assisted By:
_________________________
Counsel

CERTIFICATION
(For Information in Inquest Cases)
I hereby certify that the foregoing Information is filed pursuant

to Sec. 6, Rule 112 of the 1985 Rules on Criminal Procedures, as
amended, the accused not having opted to avail of his right to
preliminary investigation and not having executed a waiver pursuant to
Article 125 of the Revised Penal Code. I further certify that this
Information is being filed with the prior authority of the Prosecutor
General or Provincial/City Prosecutor.
________________________
Inquest Prosecutor

____________________________________
____________________________________
______________________,
Complainant/s,
NPS Docket No. _____________
-versus- For: ______________________
______________________,
Respondent/s.
x----------------------------------------- x
RELEASE ORDER
(Of Recovered Articles)
THE EVIDENCE CUSTODIAN

___________________________
___________________________
___________________________
On the basis of the request made by

_________________________ for the release to his custody of the
articles/properties particularly described as follows:
you are hereby directed to release to said

__________________________, the above-described
articles/properties which are presently under your custody,
unless the same are being held for some other lawful cause.
_______________, Philippines, ___________ 20_____ .
________________________
Inquest Prosecutor

A P P R O V E D:
_________________________________
Prosecutor General or Provincial / City Prosecutor
Received copy, this ___ day of __________________, 20_____ .
______________________________
Evidence Custodian

____________________________________
____________________________________
______________________,
Complainant/s,
-versus- NPS Docket No. _____________

For: ______________________
______________________,
Respondent/s.
x----------------------------------------- x
REQUEST FOR RELEASE

with
UNDERTAKING
(Of Recovered Articles by Requesting Party)
_____________________________
_____________________________
_____________________________
I am respectfully requesting the release to my custody of certain

articles/ properties, more particularly described as follows:
which were recovered by the police authorities and presently in the

custody of ________________________, and in connection
therewith, I declare under oath:
1. That I am the lawful owner/possessor thereof, as evidenced by

__________________, copies of which are hereto attached;
2. That said articles/properties are not instruments or tools in the
commission of any offense nor the proceeds thereof;
3. That I undertake to produce the same before your Office or the
court when so required;
4. That I have caused the said articles/properties to be
photographed/photocopied and certified by the police custodian
as accurately representing the same;
5. That I affirm the affidavit/statement executed by me on
______________ before_____________________ and
hereby bind myself under penalty of law to appear and testify
thereon in court when so required.
_______________, Philippines, ____________ 20 ______ .
______________________
Requesting Party
SUBSCRIBED AND SWORN TO before me this

__________ day of _________________, 20_________, at
_________________________, Philippines.
______________________
Administering Officer
___________________________
Investigating Prosecutor
A P P R O V E D:
_____________________________
Prosecutor General or Provincial/City Prosecutor

MEMORANDUM
TO: Undersecretary [full name]

Undersecretary-In-Charge,
[designation]
FROM: [full name]

[official designation]
SUBJECT: FIRST CASE CONFERENCE ON

PROSECUTING GENDER-
RELATED CASES
This has reference to the First Case Conference on Prosecuting

Gender-Related held on 3 July 2015 at the Bayleaf Hotel, Intramuros
(the “Case Conference”).
The Case Conference is an integral part of a planned series of

similar conferences to be held annually and in different in order to serve
as an apt venue for concerned law enforcement agencies to share their
experiences, lessons learned, and best practices in the investigation and
prosecution of gender-related (“Gender”) cases.
The Case Conference proceeded as reflected in the program agenda

and the following are the highlights:
I. Attendance
The Case Conference was attended by the following:
DOJ (Manila) Team:
[list of attendees]
NATIONAL BUREAU OF INVESTIGATION:
[list of attendees]
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT:
[list of attendees]

PHILIPPINE NATIONAL POLICE:
[list of attendees]
[other offices]
II. Program
The Case Conference was formally opened with Usec. [name] giving
his Opening Remarks. In his speech, Usec. [name] thanked everyone
for his/her participation in the Case Conference, and stressed the …
[name] served as the Facilitator of the Case Conference. He reiterated

the objectives of the Case Conference, and emphasized that the Case
Conference was primarily intended to be a learning exercise more than
anything else. The participants should viewed this as an apt venue to
share lessons they learned, challenges they see, and recommendations
they may have for a more successful and effective investigation of TIP
cases at the NAIA.
The first part of the Case Conference was spent discussing a recently
decided Gender cases by the trial courts, as well as a few other select
cases of recent Gender investigations.
1. People vs. Romano, Case No. 12345, RTC Pasig Br. 90:
[salient doctrine(s)];
2. People vs. Zilkha, Case No. 23456, RTC Makati Br. 160
3. People vs. Odulio, Case No. 34567, RTC Parañaque Br. 35:
4. Tiongco vs. Jabal, Crim. Case No. 45678, OCP Las Piñas:
[salient issue(s)/doctrine(s)];
5. Lopez vs. Arroyo, Crim. Case No. 56789, OCP Marikina:

[salient issue(s)/doctrine(s)];
After the case presentations and a brief open forum, the group broke up
for lunch. After lunch, the group was divided into three break-out
groups. Each group conducted its own focused discussion, with each
having its own leader and rapporteur assigned to share with the plenary
the discussions/insights of the group. The groups were tasked to fill up
a matrix comprised of the following guide questions relative to the TIP
cases that the law enforcement agents were handling:

a) What were the lessons learned?
b) What were the challenges encountered?
c) What strategies can be pursued to successfully move a case
forward?
II. Group Discussions and Reports

III.
A. Lessons Learned
Among the more salient lessons learned in the prosecution of Gender

cases shared by the various groups were the following:
[summary (in bullet points) of lessons learned]
B. Challenges Encountered
On the other hand, among the more salient challenges or issues

encountered by the groups and shared with the plenary are:
[summary (in bullet points) of lessons learned]
C. Suggested Strategies and Take Aways
Among the more prominent strategies and take-aways proposed for

adoption, based on the lessons and challenges shared, are:
[summary (in bullet points) of proposed

strategies/take-aways]
IV.
III. Synthesis
To wrap up the Case Conference, [name], [designation], provided

his synthesis of the discussions, including the key take-aways that the
group can derive from the event, as follows:
[list of key strategies and take-aways]
Respectfully yours,
[name]
[designation]

MEMORANDUM
TO: ALL MEMBERS OF THE NATIONAL

PROSECUTION SERVICE (NPS)
FROM: PROSECUTOR GENERAL [Name]
RE: CENTRALIZED RECEPTION OF DOCUMENTS;

SUBMISSION OF MONTHLY ACCOMPLISHMENT
REPORTS
DATE: 15 MARCH 2015
In the interest of facilitating proper and accountable receipt and routing

of documents referred, endorsed, or otherwise sent to the NPS
(including all Monthly Accomplishment Reports [“MARs”] from
Regional Offices), securing the integrity of these documents, and
ensuring the timely endorsement thereof to the concerned office or
agency, the Task Force for Operations Monitoring Section (“TFOMS”)
is hereby designated as the official recipient of all official documents
and/or correspondences intended for the NPS. Upon its receipts of
these documents, the TFOMS shall, as a matter of course, stamp its
receipt of these documents, indicating thereon the date, time, and name
of the actual recipient. Thereafter, the TFOMS shall immediately
forward or endorse the same to the appropriate member, section,
division, or personnel of the NPS, likewise recording the date, time, and
name of the recipient of such endorsement.
Relatedly, all NPS Regional Offices shall likewise duly and promptly
(i.e., within the first ten days of the immediately succeeding month)
submit their MARs for any given month to the TFOMS. Failure to duly
and promptly submit the MAR may result in the imposition of
appropriate sanctions by the NPS, including the loss of any benefits due
to the concerned member.
FOR IMMEDIATE AND STRICT COMPLIANCE.
[Name]
Prosecutor General

National Prosecution Service
_________(office)_________
________(address)________
To be accomplished by the Office
DATE RECEIVED DOCKET NUMBER
Time Received
Receiving Staff ASSIGNED TO

(stamped and initialed)
DATE ASSIGNED
To be accomplished by the complainant/counsel/law enforcer (use back portion or additional forms, if necessary)
COMPLAINANT INFORMATION (Impormasyon ng Nagrereklamo)
Last Name (Apelyido): Middle Name (Gitnang pangalan):
First Name (Unang pangalan): Alias (Alyas):
Date of Birth (Kapanganakan): Age (Edad): Corporation or Company being represented:
Sex (Kasarian): Citizenship (Pagkamamamayan):

☐ Male/Lalaki ☐ Female/Babae
If foreigner indicate Passport or ACR No.: ___________
Civil Status: Occupation (Trabaho):
䢢
䢢䢢䢢侊private 侊government
䢢☐ married ☐ single
䢢䢢䢢侊others (Pls. Specify): _______________________
☐ others (Pls. Specify): ______________________
Profession (Propesyon): _______________________
Present Address (Kasalukuyang Tirahan): Permanent Address (Permanenteng Tirahan):
Telephone/Mobile Number (Telepono): E-mail Address:
Other Information:
☐ Person with Disability/May Kapansanan Religion/Relihiyon: ___________________
☐ Senior Citizen/Nakakatandang Mamamayan Others (Pls. Specify): ___________________
☐ Ethnic Affiliation/Tribo (Pls. Specify): __________________
Name of Legal Counsel/s (Abogado): Email Address:

RESPONDENT INFORMATION (Impormasyon ng Nirereklamo)
Last Name (Apelyido): Middle Name (Gitnang pangalan):
First Name (Unang pangalan): Alias (Alyas):
Date of Birth (Kapanganakan): Age (Edad): Corporation or Company being represented:
Sex (Kasarian): Citizenship (Pagkamamamayan):

☐ Male/Lalaki ☐ Female/Babae
If foreigner indicate Passport or ACR No.: _________
Civil Status: Occupation (Trabaho):
䢢
䢢䢢䢢侊private 侊government
䢢☐ married ☐ single
䢢䢢䢢侊others (Pls. Specify): _______________________
☐others(Pls.Specify):
_________________________ Profession (Propesyon): _______________________
Present Address (Kasalukuyang Tirahan): Permanent Address (Permanenteng Tirahan):
Telephone/Mobile Number (Telepono): E-mail Address:
Other Information:
☐ Person with Disability/May Kapansanan Religion/Relihiyon: __________________
☐ Senior Citizen/Nakakatandang Mamamayan Others (Pls. Specify): __________________
☐ Ethnic Affiliation/Tribo (Pls. Specify): __________________
Offense (Krimen): Counts (Lugar ng pinangyarihan):
Date and Time (Petsa at oras ng pangyayari): Place (Lugar ng pinangyarihan):
WITNESSES (Saksi)
Last Name (Apelyido) : Middle Name (Gitnang pangalan) :
First Name (Unang pangalan) : Address (Tirahan) :
Documents and Evidences Submitted:
_______________________________________________________ __________________________________________________
_______________________________________________________ __________________________________________________
_______________________________________________________ __________________________________________________
_______________________________________________________ __________________________________________________
_______________________________________________________ __________________________________________________
_______________________________________________________ __________________________________________________

1. Has a similar complaint been filed before any other office? * 侊 Yes 侊 No
2. Is this complaint in the nature of a counter-charge? * 侊 Yes 侊 No
If yes, indicate details.
3. Is this complaint related to another case filed before this Office? * 侊 Yes 侊 No
If yes, indicate details.
C E R T I F I C A T I O N*
I CERTIFY, under oath, that all information in this sheet are true and correct to the best of my know
belief, that I have not commenced any action or file any claim involving the same issues in any court, tribuna
judicial agency, and if I should thereafter learn that a similar action has been filed and/or pending, I shall repo
to this Honorable Office within five (5) days from knowledge thereof.
侊Complainant/侊Counsel /侊Law Enforcer
SUBSCRIBED AND SWORN TO before me this _____day of_________________, _________

of________________________.
(Prosecutor Administering Oath)
*1,2,3 & Certification need not be accomplished for Inquest cases

___ Judicial Region
Branch __
City/Municipality of_____

Plaintiff,
Crim. Case No. ___________
- versus - For Violation of R.A. No. 9262
______________________,
Accused.
x----------------------------------------x
JUDICIAL AFFIDAVIT
Witness : ____________________________
Date of Examination : ____________________________
Place of Examination : ____________________________
Examining counsel : ____________________________
Offer of Testimony : The witness’s testimony is being offered

to prove:
1. The witness is the live-in partner of the accused, and out of

their union, they were blessed with a child named “Daniel”;
2. Accused and witness lived together as husband and wife for
almost two years, and separated only when the witness learned
of the accused’s affair with another woman;
3. Daniel is inflicted with cerbral palsy and epilepsy, requiring
regular and expensive medical attention and care;
4. Witness and accused were separated sometime in October
2015 due to accused’s philandering ways;
5. Because of the constant care and attention that Daniel
requires, witness is unable to look for, much less take on, a
job;
6. Accused only remits a measly sum of at most Php7,000.00
monthly to witness, by way of full support to Daniel, which is
not enough;
7. Accused verbally abuses witness and Daniel;
8. Other material allegations of the information.
I, ____________________, of legal age, Filipino, with address at
________________________________________________
________________________________________________
________________, after being duly sworn in accordance with law,
hereby depose and state:
Q1: Ms. Villanueva, are you the same Maritoni Villanueva who is
the private complainant in this case?
A1: Yes, ma’am.
Q2: Do you know the accused?

A2: Yes, he was my former live-in partner. We lived together as
though we were husband and wife for almost two years. We
only separated sometime in October 2015 when I caught him
having an affair with another woman.
Q3: Was your union blessed with any children?

A3: Yes, we have a son, Daniel.
Q4: Do you have any proof that Daniel is the son of the accused?
A4: Yes, I have with me Daniel’s Birth Certificate where the
accused expressly acknowledged him as his natural son.
[Request for marking as Exhibit “A”]
Q5: How is Daniel?

A5: Unfortunately, he is not well. He is inflicted with cerebral
palsy and epilepsy.
Q6: What happens to Daniel because of these diseases?

A6: Daniel suffers from regular fits and attacks, and is almost
always in constant pain.
Q7: What treatment, if any, does Daniel require for his condition?
A7: Because of his condition, Daniel requires regular physical and
occupational therapy sessions. He is also required to take lots
of medication. He is even required to have a special bottle and
milk. And, of course, he is required to regularly have his
medical check-up for monitoring.
Q8: Are these costly?

A8: Oh, yes. In a month, my average expense for Daniel’s care
needs is around Php20,000.00.

Q9: Do you have any proof to show this?
A9: I have here receipts for Daniel’s therapies, medicines, and milk
for the period October to December 2015. If you will sum
them all up, it will come out to an average of Php20,000.00
per month, more or less. [Request for marking of Exhibits
“B” to_]
Q10: Does the accused, being Daniel’s father, provide you with
financial support for Daniel?
A10: Yes, but utterly not enough. He only remits, at most,
Php7,000.00 a month for Daniel’s support. Simple
mathematics will show that this is simply not enough.
Q11: Ms. Villanueva, are you currently employed?

A11: No, ma’am. Because of the constant care and attnetion that
Daniel requires (almost round the clock attention), I am
simply unable to try to find work, much less perhaps actually
take on a job. Nobody will look after Daniel.
Q12: Have you brought this to the accused’s attention?

A12: Yes, several times, in fact.
Q13: What does he say in response?

A13: He just keeps saying, angrily in fact, that the money he gives
me every month is simply all that he can afford. Everytime I
bring the matter up, he either just bursts in anger, or simply
dismisses it as though it is not important. He even shouts
expletives not just at me, but even to Daniel who is so
innocent.
Q14: Do you believe him when he says that he is already giving you
as much as he can?
A14: No. I know for a fact that he can afford to give so much more
for Daniel’s support.
Q15: Why do you know this?

A15: I was once able to get a copy of Miguel’s payslip showing that
he gets Php35,000.00 monthly salary after taxes. I have here
a copy [request for marking as Exhibit __]. He still lives
with his parents, so I know that he doesn't pay for rent. I am
also sure that he does not pay for any utilities. Miguel was also
provided a car by father, and so he does not have any monthly
amortization obligations for that, as well. I know all this
because we (Daniel and I) used to live with Miguel’s parents.

Q16: Ms. Villanueva, do you have the original of this payslip that
you presented in court today?
A16: That is the only copy. It is machine-generated.
Q17: So, how are you able to make ends meet for you and Daniel?
A17: Some of my friends and relatives give or lend me money every
now and then. Right now, I am so deep in financial debts, I
don’t even know how I will ever be able to pay for all of it. I try
to sell whatever I can, for any measly profit that I can
generate.
Q18: How does your situation with the accused and Daniel make
you feel, particularly Daniel’s medical condition and the fact
that you don’t get enough support, financial or otherwise, from
the accused?
A18: It makes me feel so abused, not just financially, but also
emotionally, phsychologically, and sometimes even mentally.
It really hurts to me to see my child reel in pain and I have no
means to provide him with the medicines that he needs. The
pain is physiological because I can feel it in my head, like a
migraine. I feel so embarrassed and humiliated every time I
hear people talk about my plight, and how so unfortunate I
am. I fear that Daniel, in his very tender age, might also be
feeling the same emotional and psychological stress that I go
through, apart from his own physical pain.
Q19: Has the accused shown any compassion or care at all about
your situation?
A19: No, ma’am. As I said, for him, by giving whatever chump
change of amount he gives us every month, he is already
absolved of any and all other obligations he has for me and
Daniel. He does not even come to visit or see Daniel, not even
during his birthdays.
Q20: Do you have anything more to add, Ms. Villanueva?

A20: No, more, ma’am. None at the moment.
I hereby state that I am answering the questions asked of me,

fully conscious that I do so under oath, and that I may face criminal
liability for false testimony or perjury.
______________________
Affiant

____________________, affiant exhibiting to me her Passport
with Number ________valid until __________.
NOTARY PUBLIC
Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 20__.
LAWYER’S ATTESTATION
I, ________________, Filipino, of legal age, and with office

address at ____________________________, after having been
sworn in accordance with law, hereby depose and state that:
1. I am the private prosecutor in the case entitled “People of

the Philippines vs. Miguel Villanueva”, docketed as Criminal Case No.
5396940 pending before Regional Trial Court of La Union Branch 22.
2. As such, I faithfully recorded or caused to be recorded the

questions asked of the witness, Ms. Maritoni Villanueva, and the
corresponding answers she gave in the foregoing Judicial Affidavit.
3. I did not coach the witness, nor did I allow any other
person present to coach her.
4. I am executing this sworn attestation in compliance with

Section 4, A.M. No. 12-8-8-SC, otherwise known as the “Judicial
Affidavit Rule”.
_____________________________
Affiant

_________________ in San Fernando City, La Union affiant
exhibiting to me her Passport with Number EC3505574 valid until 22
February 2020.
NOTARY PUBLIC
Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 20__.
_______________________________
_______________________________
______________________,
Complainant/s,
-versus- For: ____________________
______________________,
Respondent/s.
x----------------------------------------- x
SUBPOENA TO COMPLAINANT
(optional but not necessary)
TO: __________________________
__________________________
__________________________
__________________________
GREETINGS:

hereby required to appear before me at
____________________________________________________
______, on____________________, 20___at____ a.m./p.m. in
the preliminary investigation of the above-entitled complaint to be held at the
time and place-above-specified.
WITNESS MY HAND this _____ day of ___________, 20___ at

_____________, Philippines.
________________________

_______________________________
_______________________________
______________________,
Complainant/s,
-versus- For: ___________________
______________________,
Respondent/s.
x----------------------------------------- x
SUBPOENA TO RESPONDENT/S
TO: __________________________
__________________________
__________________________
GREETINGS:

hereby directed to submit your counter-affidavit and other supporting
documents or affidavits of your witness/es, if any, to be sworn to before me
on ______________________, 20___ at ____ a.m./p.m.
Attached is a copy of the complaint and other evidence submitted by the
complainant.
You are hereby WARNED that failure on your part to comply with
the subpoena shall be considered as a waiver of your right to present your
defense and the case shall be considered submitted for resolution based on
the evidence on record.
WITNESS MY HAND this _____ day of ___________, 20___

at _____________, Philippines
__________________________

_________________________________
________________________________
______________________,
Complainant/s,
NPS Docket No. ________
-versus- For: ________________
______________________,
Respondent/s.
x----------------------------------------- x
GREETINGS:
In connection with the above-entitled complaint, and by virtue of the

authority vested in me by law, you are hereby directed to obtain, personally
or through your representative, copies of the complaint, supporting
affidavits and other evidence submitted by the complainant at
_________________________________, on ____________,
20___ at ____ a.m./p.m. You or your representative are/is likewise
entitled to examine all other evidence submitted by complainant on the date
and time herein specified.
You are hereby WARNED that failure on your part to comply with the
subpoena shall be considered as a waiver of your right to be furnished copies
of the complaint, supporting affidavits and other documents, as well as to
examine all other evidence submitted by the complainant.
WITNESS MY HAND this ______ day of __________________,

20___ at __________________, Philippines.
______________________

__________________________________
__________________________________
______________________,
Complainant/s,
-versus- For: ___________________
______________________,
Respondent/s.
x----------------------------------------- x
ORDER
Considering the difficult and/or complicated questions of fact

and of law involved in the instant case, the parties are hereby required to
simultaneously submit their respective memoranda within ten (10) days
from receipt hereof. After the lapse of the said period, this case shall be
deemed submitted for resolution.
SO ORDERED.
_____________, Date.
_________________________

__________________________________
__________________________________
______________________,
Complainant/s,
-versus- For: ___________________
______________________,
Respondent/s.
x-----------------------------------------x
SUBPOENA FOR CLARIFICATORY HEARING
TO: (Complainant/s and Counsel)

__________________________
__________________________
TO: (Respondent/s and Counsel)

__________________________
__________________________
TO: (Witness)
__________________________
__________________________
GREETINGS:
Pursuant to Sec. 3(e), Rule 112 of the Revised Rules on

Criminal Procedure, and by virtue of the authority vested in me by law,
you are hereby required to appear before me at
_______________________________________________
______,on___________________, 20___ at ____
a.m./p.m., for the conduct of clarificatory questioning where only the
undersigned can ask questions. You are hereby informed of your right
to be represented by counsel in the said hearing. If you so desire, you
may submit written questions to the undersigned that may be asked of
the party/ies and/or witness/es.

WITNESS MY HAND this ____ day of _________________,
20___ at ____________________, Philippines.
____________________________

__________________________________
__________________________________
______________________,
Complainant/s, NPS Docket No. _________
For: _________________
-versus-
______________________,
Respondent/s.
x----------------------------------------- x
______________________,
Complainant/s, NPS Docket No._________
For: _________________
-versus-
______________________,
Respondent/s.
x----------------------------------------- x
ORDER OF CONSOLIDATION
It appearing that the above-entitled complaints –
(____) are charges and counter-charges;
(____) arose from one and the same incident or transaction

or series of incidents or transactions;
(____) involve common parties and are founded on

factual and/or legal issues of the same or
similar character,
the same are hereby ordered consolidated and the joint preliminary
investigation thereof shall be handled by Asst. City Prosecutor/Asst.
Provincial Prosecutor/State Prosecutor ____________________ to
whom the complaint with the lowest docket number has been
raffled/assigned or at the discretion of the head of office. He/she shall
terminate the proceedings within the prescribed period of sixty (60) days
from receipt of the assignment.

SO ORDERED.
_________ (Place)_________ , _______ (Date) _________.
__________________________
PROSECUTOR GENERAL OR
PROVINCIAL/CITY PROSECUTOR
_________________________
_
(Date)

REGIONAL ORDER NO. ________
RE: DESIGNATION OF PERSONNEL
In the interest of the service, and pursuant to existing laws, rules

and regulations, and by reason of the inhibition of the Office of the
________________________________ , which is hereby
approved, ASST. PROVINCIAL PROSECUTOR / ASST. CITY
PROSECUTOR ___________________________________ of
the Office of the Provincial/ City Prosecutor of
_____________________ is hereby designated as Acting
Provincial/ City Prosecutor of _____________________ to conduct
the preliminary investigation in NPS Docket No._____________,
entitled “_____________________________”, for
__________________, and, if warranted by the evidence, to file the
corresponding Information/s in court.
This Order shall take effect immediately and shall remain in full
force until revoked or superseded.
________________________
REGIONAL PROSECUTOR
Copy furnished:
All Concerned.

__________________________________
__________________________________
______________________,
Complainant/s,
NPS Docket No. _______
-versus- For: _______________
______________________,
Respondent/s.
x-----------------------------------------x
ORDER
This treats of the motion to suspend proceedings filed by

respondent based on the existence of a prejudicial question.
In support of the instant motion, respondent claims ….
Complainant counters that …..
The issues having been joined, we now resolve.
(Brief discussion)
Considering the pendency of a civil case which involves facts

intimately related to those upon which the instant complaint for
____________ is based, and that in the resolution of the issue or issues
raised in the said civil case, the guilt or innocence of the accused would
necessarily be determined, undersigned finds the existence of a prejudicial
question, thus, warranting the suspen-sion of this preliminary
investigation.
Accordingly, the preliminary investigation in the above-entitled

case is hereby SUSPENDED.
SO ORDERED.
_____________, Date.
____________________

______________________________________
APPROVED:
_____________________________________________
PROSECUTOR GENERAL OR
PROVINCIAL/CITY PROSECUTOR
CERTIFICATION
I HEREBY CERTIFY that I have personally examined the affiant

and I am fully convinced that that he/she has voluntarily executed his/her
affidavit/sworn-statement and understood the contents thereof.
_____________________

CHAPTER VIII
PERTINENT SUPREME
COURT ADMINISTRATIVE
MATTERS

A.M. No. 12-8-8-SC
JUDICIAL AFFIDAVIT RULE
Whereas, case congestion and delays plague most courts in cities,

given the huge volume of cases filed each year and the slow and
cumbersome adversarial system that the judiciary has in place;
Whereas, about 40% of criminal cases are dismissed annually owing to

the fact that complainants simply give up coming to court after
repeated postponements;
Whereas, few foreign businessmen make long-term investments in the

Philippines because its courts are unable to provide ample and speedy
protection to their investments, keeping its people poor;
Whereas, in order to reduce the time needed for completing the

testimonies of witnesses in cases under litigation, on February 21, 2012
the Supreme Court approved for piloting by trial courts in Quezon City
the compulsory use of judicial affidavits in place of the direct
testimonies of witnesses;
Whereas, it is reported that such piloting has quickly resulted in

reducing by about two-thirds the time used for presenting the
testimonies of witnesses, thus speeding up the hearing and
adjudication of cases;
Whereas, the Supreme Court Committee on the Revision of the Rules

of Court, headed by Senior Associate Justice Antonio T. Carpio, and
the Sub-Committee on the Revision of the Rules on Civil Procedure,
headed by Associate Justice Roberto A. Abad, have recommended for
adoption a Judicial Affidavit Rule that will replicate nationwide the
success of the Quezon City experience in the use of judicial affidavits;
and
Whereas, the Supreme Court En Banc finds merit in the

recommendation;
NOW, THEREFORE, the Supreme Court En Banc hereby issues and

promulgates the following:
Section 1. Scope. –
(a) This Rule shall apply to all actions, proceedings, and

incidents requiring the reception of evidence before:

(1) The Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari'a Circuit
Courts but shall not apply to small claims cases under
A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District

Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the

Court of Appeals, and the Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized by

the Supreme Court to receive evidence, including the
Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose

rules of procedure are subject to disapproval of the
Supreme Court, insofar as their existing rules of
procedure contravene the provisions of this Rule.[1]
(b) For the purpose of brevity, the above courts, quasi-judicial

bodies, or investigating officers shall be uniformly referred to
here as the "court."
Sec. 2. Submission of Judicial Affidavits and Exhibits in lieu of direct

testimonies. –
(a) The parties shall file with the court and serve on the adverse
party, personally or by licensed courier service, not later than
five days before pre-trial or preliminary conference or the
scheduled hearing with respect to motions and incidents, the
following:
(1) The judicial affidavits of their witnesses, which shall

take the place of such witnesses' direct testimonies; and
(2) The parties' documentary or object evidence, if any,

which shall be attached to the judicial affidavits and
marked as Exhibits A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits 1, 2, 3, and
so on in the case of the respondent or the defendant.
(b) Should a party or a witness desire to keep the original

document or object evidence in his possession, he may, after

the same has been identified, marked as exhibit, and
authenticated, warrant in his judicial affidavit that the copy or
reproduction attached to such affidavit is a faithful copy or
reproduction of that original. In addition, the party or witness
shall bring the original document or object evidence for
comparison during the preliminary conference with the
attached copy, reproduction, or pictures, failing which the
latter shall not be admitted.
This is without prejudice to the introduction of secondary

evidence in place of the original when allowed by existing
rules.
Sec. 3. Contents of judicial Affidavit. - A judicial affidavit shall be

prepared in the language known to the witness and, if not in English or
Filipino, accompanied by a translation in English or Filipino, and shall
contain the following:
(a) The name, age, residence or business address, and

occupation of the witness;
(b) The name and address of the lawyer who conducts or

supervises the examination of the witness and the place where
the examination is being held;
(c) A statement that the witness is answering the questions

asked of him, fully conscious that he does so under oath, and
that he may face criminal liability for false testimony or
perjury;
(d) Questions asked of the witness and his corresponding

answers, consecutively numbered, that:
(1) Show the circumstances under which the witness

acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the
issues that the case presents; and
(3) Identify the attached documentary and object

evidence and establish their authenticity in accordance
with the Rules of Court;
(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who
administers the oath or an officer who is authorized by law to
administer the same.
Sec. 4. Sworn attestation of the lawyer. –
(a) The judicial affidavit shall contain a sworn attestation at

the end, executed by the lawyer who conducted or supervised
the examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be recorded the

questions he asked and the corresponding answers that
the witness gave; and
(2) Neither he nor any other person then present or

assisting him coached the witness regarding the latter's
answers.
(b) A false attestation shall subject the lawyer mentioned to

disciplinary action, including disbarment.
Sec. 5. Subpoena. - If the government employee or official, or the

requested witness, who is neither the witness of the adverse party nor
a hostile witness, unjustifiably declines to execute a judicial affidavit or
refuses without just cause to make the relevant books, documents, or
other things under his control available for copying, authentication,
and eventual production in court, the requesting party may avail
himself of the issuance of a subpoena ad testificandum or duces tecum
under Rule 21 of the Rules of Court. The rules governing the issuance
of a subpoena to the witness in this case shall be the same as when
taking his deposition except that the taking of a judicial affidavit shall
be understood to be ex parte.
Sec. 6. Offer of and objections to testimony in judicial affidavit.- The

party presenting the judicial affidavit of his witness in place of direct
testimony shall state the purpose of such testimony at the start of the
presentation of the witness. The adverse party may move to disqualify
the witness or to strike out his affidavit or any of the answers found in
it on ground of inadmissibility. The court shall promptly rule on the
motion and, if granted, shall cause the marking of any excluded answer
by placing it in brackets under the initials of an authorized court
personnel, without prejudice to a tender of excluded evidence under
Section 40 of Rule 132 of the Rules of Court.
Sec. 7. Examination of the witness on his judicial affidavit. – The

adverse party shall have the right to cross-examine the witness on his

judicial affidavit and on the exhibits attached to the same. The party
who presents the witness may also examine him as on re-direct. In
every case, the court shall take active part in examining the witness to
determine his credibility as well as the truth of his testimony and to
elicit the answers that it needs for resolving the issues.
Sec. 8. Oral offer of and objections to exhibits. –
(a) Upon the termination of the testimony of his last witness, a

party shall immediately make an oral offer of evidence of his
documentary or object exhibits, piece by piece, in their
chronological order, stating the purpose or purposes for which
he offers the particular exhibit.
(b) After each piece of exhibit is offered, the adverse party shall
state the legal ground for his objection, if any, to its admission,
and the court shall immediately make its ruling respecting that
exhibit.
(c) Since the documentary or object exhibits form part of the

judicial affidavits that describe and authenticate them, it is
sufficient that such exhibits are simply cited by their markings
during the offers, the objections, and the rulings, dispensing
with the description of each exhibit.
Sec. 9. Application of rule to criminal actions. –
(a) This rule shall apply to all criminal actions:
(1) Where the maximum of the imposable penalty does

not exceed six years;
(2) Where the accused agrees to the use of judicial

affidavits, irrespective of the penalty involved; or
(3) With respect to the civil aspect of the actions,

whatever the penalties involved are.
(b) The prosecution shall submit the judicial affidavits of its

witnesses not later than five days before the pre-trial, serving
copies of the same upon the accused. The complainant or public
prosecutor shall attach to the affidavits such documentary or
object evidence as he may have, marking them as Exhibits A, B,
C, and so on. No further judicial affidavit, documentary, or
object evidence shall be admitted at the trial.

(c) If the accused desires to be heard on his defense after
receipt of the judicial affidavits of the prosecution, he shall have
the option to submit his judicial affidavit as well as those of his
witnesses to the court within ten days from receipt of such
affidavits and serve a copy of each on the public and private
prosecutor, including his documentary and object evidence
previously marked as Exhibits 1, 2, 3, and so on. These
affidavits shall serve as direct testimonies of the accused and
his witnesses when they appear before the court to testify.
Sec. 10. Effect of non-compliance with the judicial Affidavit Rule. –
(a) A party who fails to submit the required judicial affidavits

and exhibits on time shall be deemed to have waived their
submission. The court may, however, allow only once the late
submission of the same provided, the delay is for a valid reason,
would not unduly prejudice the opposing party, and the
defaulting party pays a fine of not less than Php1,000.00 nor
more than Php5,000.00, at the discretion of the court.
(b) The court shall not consider the affidavit of any witness who
fails to appear at the scheduled hearing of the case as required.
Counsel who fails to appear without valid cause despite notice
shall be deemed to have waived his client's right to confront by
cross-examination the witnesses there present.
(c) The court shall not admit as evidence judicial affidavits that
do not conform to the content requirements of Section 3 and
the attestation requirement of Section 4 above. The court may,
however, allow only once the subsequent submission of the
compliant replacement affidavits before the hearing or trial
provided the delay is for a valid reason and would not unduly
prejudice the opposing party and provided further, that public
or private counsel responsible for their preparation and
submission pays a fine of not less than Php1,000.00 nor more
than Php5,000.00, at the discretion of the court.
Sec. 11. Repeal or modification of inconsistent rules. - The provisions

of the Rules of Court and the rules of procedure governing
investigating officers and bodies authorized by the Supreme Court to
receive evidence are repealed or modified insofar as these are
inconsistent with the provisions of this Rule.
The rules of procedure governing quasi-judicial bodies inconsistent

herewith are hereby disapproved.

Sec. 12. Effectivity.- This rule shall take effect on January 1, 2013
following its publication in two newspapers of general circulation not
later than September 15, 2012. It shall also apply to existing cases.
Manila, September 4, 2012.
MARIA LOURDES P. A. SERENO

Chief Justice
ANTONIO T. CARPIO PRESBITERO J. VELASCO, JR.

Associate Justice Associate Justice
TERESITA J. LEONARDO- ARTURO D. BRION

DE CASTRO Associate Justice
Associate Justice
DIOSDADO M. PERALTA LUCAS P. BERSAMIN

MARIANO C. ROBERTO A. ABAD

DEL CASTILLO Associate Justice
Associate Justice
MARTIN S. JOSE P. PEREZ

VILLARAMA, JR. Associate Justice
Associate Justice
JOSE C. MENDOZA BIENVENIDO L. REYES

ESTELA M. PERLAS-BERNABE
Associate Justice
--------
[1] By virtue of the Supreme Court's authority under Section 5 (5), Article VIII,
of the 1987 Constitution to disapprove rules of procedure of special courts and
quasi-judicial bodies.

1. Q: What are the Functions of Judicial Affidavits?
A: 1. They take the place of direct testimonies; and
2. They identify and authenticate documentary
or object evidence in the case.
Sec. 2. Submission of Judicial Affidavits and Exhibits in lieu of

direct
testimonies. –
(a) The parties shall file with the court and serve on the adverse
scheduled hearing with respect to motions and incidents, the
following:
(1) The judicial affidavits of their witnesses, which shall

take the place of such witnesses' direct testimonies; and
(2) The parties' documentary or object evidence, if any,

which shall be attached to the judicial affidavits and
marked as Exhibits A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits 1, 2, 3, and so
on in the case of the respondent or the defendant.
(b) Should a party or a witness desire to keep the original

document or object evidence in his possession, he may, after
the same has been identified, marked as exhibit, and
authenticated, warrant in his judicial affidavit that the copy or
reproduction attached to such affidavit is a faithful copy or
reproduction of that original. In addition, the party or witness
shall bring the original document or object evidence for
comparison during the preliminary conference with the
attached copy, reproduction, or pictures, failing which the latter
shall not be admitted.
This is without prejudice to the introduction of secondary

evidence in place of the original when allowed by existing rules.
2. Q: How are judicial affidavits to be submitted?

A: The parties shall file with the court and serve on the adverse
scheduled hearing with respect to motions and incidents
(Section 2, A.M. No. 12-8-8-SC)

3. Q: When are judicial affidavits to be submitted?
A: It must be submitted not later than five days before pre-trial or
preliminary conference or the scheduled hearing with respect
to motions and incidents (Section 2, A.M. No. 12-8-8-SC)
4. Q: In what language will the judicial affidavits be

prepared?
A: It shall be prepared in the language known to the witness and,
if not in English or Filipino, accompanied by a translation in
English or Filipino (Section 3, A.M. No. 12-8-8-SC)
Examples:
1. Q. Anya ti nagan mo? (What is your name?)

A. Siak ni Lam-ang Dimacaputot (I’m Lam-ang
Dimacaputot)
2. Q. Mano ti tawen mon? (How old are you?)

A. 69 apo (69 sir)
3. Q. Paggigyanam? (Where do you live?)

A. Iddiay balay ni syotak. (In my girlfriend’s house)
4. Q. Anya iti adres na iti balay ni syotam?

(What is the address of your girlfriend?)
A. #7 National Highway, Casicallan, Gattaran, Cagayan.
5. Q. Pagtratrabahuam? (Where do you work?)

A. Depende nu siyo iti agpatrabaho kanyac.
(It depend on who is in need of my services.)
6. Q. Anya iti trabahom? (What is your occupation?)

A. Carpinteroac (I’m a carpenter.)
5. Q: What will the judicial affidavit contain?

A: A judicial affidavit shall be prepared in the language
known to the witness and, if not in English or Filipino,
accompanied by a translation in English or Filipino, and
shall contain the following:
(a) The name, age, residence or business address, and

occupation of the witness;

(b) The name and address of the lawyer who conducts
or supervises the examination of the witness and
the place where the examination is being held;
(c) A statement that the witness is answering the

questions asked of him, fully conscious that he does
so under oath, and that he may face criminal
liability for false testimony or perjury;
(d) Questions asked of the witness and his

corresponding answers, consecutively numbered,
that:
(1) Show the circumstances under which the

witness acquired the facts upon which he
testifies;
(2) Elicit from him those facts which are relevant to

the issues that the case presents; and
(3) Identify the attached documentary and object

evidence and establish their authenticity in
accordance with the Rules of Court;
(e) The signature of the witness over his printed

name; and
(f) A jurat with the signature of the notary public who

administers the oath or an officer who is
authorized by law to administer the same. (Section
3, A.M. No. 12-8-8-SC)
Furthermore, the judicial affidavit shall contain a

sworn attestation at the end, executed by the
lawyer who conducted or supervised the
examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be recorded

the questions he asked and the corresponding
answers that the witness gave; and
(2) Neither he nor any other person then present

or assisting him coached the witness regarding the
latter's answers.

A false attestation shall subject the lawyer
mentioned to disciplinary action, including
disbarment. (Section 4, A.M. No. 12-8-8-SC)
6. Q: How will the judicial affidavits of uncooperative

witnesses be taken?
A: A: If the government employee or official, or the requested

witness, who is neither the witness of the adverse party nor a
hostile witness, unjustifiably declines to execute a judicial
affidavit or refuses without just cause to make the relevant
books, documents, or other things under his control
available for copying, authentication, and eventual
production in court, the requesting party may avail himself
of the issuance of a subpoena ad testificandum or duces
tecum under Rule 21 of the Rules of Court. The rules
governing the issuance of a subpoena to the witness in this
case shall be the san1e as when taking his deposition except
that the taking of a judicial affidavit shal1 be understood to
be ex parte. (Section 5, A.M. No. 12-8-8-SC)
7. Q: With the judicial affidavit taking the place of direct

testimony, what remedy does the opposing party
have if inadmissible evidence is introduced through
such affidavit?
A: A: The party presenting the judicial affidavit of his witness in

place of direct testimony shall state the purpose of such
testimony at the start of the presentation of the witness. The
adverse party may move to disqualify the witness or to strike
out his affidavit or any of the answers found in it on ground
of inadmissibility. The court shall promptly rule on the
motion and, if granted, shall cause the marking of any
excluded answer by placing it in brackets under the initials
of an authorized court personnel, without prejudice to a
tender of excluded evidence under Section 40 of Rule 132 of
the Rules of Court. (Section 6, A.M. No. 12-8-8-SC)
This is without prejudice to a tender of excluded evidence

under Section 40 of Rule 132 of the Rules of Court, which
provides: “if documents or things offered in evidence are
excluded by the court, the offeror may have the same
attached to or made part of the record. If the evidence
excluded is oral, the offeror may state for the record the
same and other personal circumstances of the witness and
the substance of the proposed testimony.”

NOTE:
The 3 stages:
1. The party presenting the judicial affidavit of his witness in

place of direct testimony shall state the purpose of such
testimony at the start of the presentation of the witness.
2. The adverse party may move to disqualify the witness or to

strike out his affidavit or any of the answers found in it on
ground of inadmissibility.
3. The court shall promptly rule on the motion and, if granted,
shall cause the marking of any excluded answer by placing it in
brackets under the initials of an authorized court personnel,
without prejudice to a tender of excluded evidence under
Section 40 of Rule 132 of the Rules of Court.
8. Q: Is cross examination of the witness allowed?
A: Yes. The adverse party shall have the right to cross-examine

the witness on his judicial affidavit and on the exhibits
attached to the same. The party who presents the witness
may also examine him as on re-direct. In every case, the
court shall take active part in examining the witness to
determine his credibility as well as the truth of his testimony
and to elicit the answers that it needs for resolving the
issues. (Section 7, A.M. No. 12-8-8-SC)
9. Q: Can the court also examine the witness?
A: Yes. In every case, the court shall take active part in

examining the witness to determine his credibility as well as
the truth of his testimony and to elicit the answers that it
needs for resolving the issues. (Section 7, A.M. No. 12-8-8-
SC)

Note:
Judicial Affidavit Rule is a combined Adversarial System and

Inquisitorial System.
“An Inquisitorial System is a legal system where the court or a

part of the court is actively involved in investigating the facts of the
case, as opposed to an adversarial system where the role of the court
is primarily that of an impartial referee between the prosecution and
the defense.”
“The Adversarial System (or adversary system) is a legal system

where two advocates represent their parties' positions before an
impartial person or group of people, usually a jury or judge, who
attempt to determine the truth of the case. As opposed to that, the
inquisitorial system has a judge (or a group of judges who work
together) whose task is to investigate the case.”
10. Q: How are the documentary and object exhibits of

the parties offered for admission as evidence?
A: Oral offer of and objections to exhibits. –
(a) Upon the termination of the testimony of his last

witness, a party shall immediately make an oral offer of
evidence of his documentary or object exhibits, piece by
piece, in their chronological order, stating the purpose or
purposes for which he offers the particular exhibit.
(b) After each piece of exhibit is offered, the adverse party

shall state the legal ground for his objection, if any, to its
admission, and the court shall immediately make its ruling
respecting that exhibit.
(c) Since the documentary or object exhibits form part of

the judicial affidavits that describe and authenticate them,
it is sufficient that such exhibits are simply cited by their
markings during the offers, the objections, and the rulings,
dispensing with the description of each exhibit. (Section 8,
A.M. No. 12-8-8-SC)

11. Q: What are the Effects of the failure of a party to
submit his judicial affidavits?
A: Effect of non-compliance with the judicial

Affidavit Rule. –
(a) A party who fails to submit the required judicial

affidavits and exhibits on time shall be /deemed to have
waived their submission. The court may, however, allow
only once the late submission of the same provided, the
delay is for a valid reason, would not unduly prejudice the
opposing party, and the defaulting party pays a fine of not
less than Php1,000.00 nor more than Php5,000.00, at the
discretion of the court.
(b) The court shall not consider the affidavit of any witness
who fails to appear at the scheduled hearing of the case as
required. Counsel who fails to appear without valid cause
despite notice shall be deemed to have waived his client's
right to confront by cross-examination the witnesses there
present.
(c) The court shall not admit as evidence judicial affidavits that
do not conform to the content requirements of Section 3
and the attestation requirement of Section 4 above. The
court may, however, allow only once the subsequent
submission of the compliant replacement affidavits before
the hearing or trial provided the delay is for a valid reason
and would not unduly prejudice the opposing party and
provided further, that public or private counsel responsible
for their preparation and submission pays a fine of not less
than Php1,000.00 nor more than Php5,000.00, at the
discretion of the court. (Section 10, A.M. No. 12-8-8-SC)

RULE ON JUVENILES IN CONFLICT WITH THE LAW
A.M. NO. 02-1-18-SC
Section 1. Applicability of the Rule.– This Rule shall apply to all

criminal cases involving juveniles in conflict with the law.
A juvenile in conflict with the law is a person who at the time of the
commission of the offense is below eighteen (18) years of age but not
less than nine (9) years of age.
This Rule shall not apply to an accused who at the time of initial contact
as defined in Section 4(p) of this Rule, or at any time thereafter, shall
have reached the age of eighteen (18), in which case the regular rules on
criminal procedure shall apply without prejudice to the rights granted
under Sections 36, 37, 38 and 39 of this Rule. (n)
Sec. 2. Objective.– The objective of this Rule is to ensure that the justice
system treats every juvenile in conflict with the law in a manner that
recognizes and upholds his human dignity and worth, and instills in
him respect for the fundamental rights and freedoms of others. The
Rule considers his developmental age and the desirability of his
reintegration into and assumption of a constructive role in society in
accordance with the principle of restorative justice.
To attain this objective, the Rule seeks:
a) To provide a procedure in the adjudication of juveniles in

conflict with the law that takes into account their distinct
circumstances and assures the parties of a fair hearing with their
constitutional and statutory rights recognized and respected;
b) To divert from the justice system juveniles who can be cared for
or placed under community-based alternative programs of
treatment, training and rehabilitation in conformity with the
principle of restorative justice;
c) To deal with the juvenile in a family environment whenever

possible, separate him from his parents only when necessary for
his welfare or in the interest of public safety;
d) To remove from juveniles in conflict with the law the stigma of

criminality and the consequences of criminal behavior; and

e) To provide for the care, protection and wholesome moral,
mental, and physical development of juveniles in conflict with the
law.
Sec. 3. Interpretation.– This Rule shall be interpreted liberally to

promote the best interests of the child in conformity with Philippine
laws and the United Nations’ Convention on the Rights of the Child.
Sec. 4. Definitions.– As used in this Rule,
(a) To be in conflict with the law means being charged with the
commission of an act defined and punished as a crime or offense
under the law, including violations of traffic laws, rules and
regulations, and ordinances of local government units.
(b) Serious offense refers to any offense not covered by Section 1,

par. B, Criminal Cases, of the Rule on Summary Procedure, to wit:
(1) violations of traffic laws, rules and regulations; (2) violations of
the rental law; (3) violations of municipal or city ordinances; (4) all
other offenses punished with imprisonment not exceeding six
months, or a fine not exceeding one thousand pesos
(Php1,000.00), or both, irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability arising therefrom;
provided, however, that in offenses involving damage to property
through criminal negligence, the imposable fine is not in excess of
ten thousand pesos (Php10,000.00).
(c) Youth detention center refers to a government-owned or

operated agency providing habilitative and rehabilitative facilities
where a juvenile in conflict with the law may be physically
restricted pending court disposition of the charge against him.
(d) Intake report is a preliminary written report containing the

personal and other circumstances of the juvenile in conflict with
the law and prepared by the social worker assigned by the
Department of Social Welfare and Development (DSWD) or local
government unit to assist him as soon as he enters the justice
system.
(e) Case study report is a written report of the result of an

investigation conducted by the social worker designated by the
Family Court on the social, cultural, economic and legal status or
condition of the juvenile in conflict with the law. It includes,
among others, his developmental age; educational attainment;
family and social relationships; the quality of his peer group; the
strengths and weaknesses of his family; parental control over him;

his attitude toward the offense; the harm or damage done to others
resulting from the offense; his record of prior offenses, if any; and
the attitude of his parents towards his responsibility for the
offense.
(f) Diversion refers to an alternative child-appropriate process of

determining the responsibility and treatment of a juvenile in
conflict with the law on the basis of his social, cultural, economic,
psychological or educational background without resorting to
formal court adjudication.
(g) Diversion programs refer to programs that the juvenile in

conflict with the law is required to undergo in lieu of formal court
proceedings.
(h) Disposition conference is a meeting held by the court with the

social worker who prepared the case study report together with the
juvenile in conflict with the law and his parents or guardian ad
litem, for the purpose of determining the disposition measures
appropriate to the personal and peculiar circumstances of the
juvenile.
(i) Recognizance is an undertaking in lieu of a bond assumed by a

parent or custodian who shall be responsible for the appearance in
court by the juvenile in conflict with the law when required.
(j) Probation is a disposition alternative under which a juvenile in

conflict with the law is released and permitted to remain in his
home after conviction and sentence. The juvenile is subject to
conditions imposed in the sentence and to supervision by the court
and a probation officer who has the duty to return the juvenile to
the court in case of violation of a condition of his probation.
(k) Suspended sentence is the holding in abeyance of the service of

the sentence imposed by the court upon a finding of guilt of the
juvenile in conflict with the law who will undergo rehabilitation.
(l) Community continuum is a community-based group therapy

process that provides continuous guidance and support to the
juvenile in conflict with the law upon his release from
rehabilitation and his reintegration into society.
(m) Age of criminal responsibility is the age when a juvenile who is

nine (9) years or over but under fifteen (15) years commits an
offense with discernment.

(n) Discernment means the mental capacity to understand the
difference between right and wrong and its consequences.
(o) Restorative Justice is a principle which requires a process of

resolving conflicts with the maximum involvement of the victim,
the offender, and the community. It seeks to obtain reparation for
the victim, reconciliation of the offender, the offended and the
community and reassurance to the offender that he can be
reintegrated into society. It also enhances public safety by
activating the offender, the victim and the community in
prevention strategies.
(p) Initial contact is the apprehension or taking into custody of a

juvenile in conflict with the law by law enforcement officers or
private citizens. It includes the time when the juvenile receives a
subpoena under Section 3 (b) of Rule 112 of the Revised Rules of
Criminal Procedure or summons under Section 6 (a) or Sec. 9 (b)
of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the juvenile
under immediate custody.
(q) Corporal punishment is any kind of physical punishment

inflicted on the body as distinguished from pecuniary punishment
or fine.
Sec. 5. Exemption from Criminal Liability.– A minor under nine (9)

years of age at the time of the commission of the offense shall be exempt
from criminal liability.
A minor nine (9) years and above but under fifteen (15) years of age at
the time of the commission of the offense shall be committed to the care
of his father or mother, or nearest relative or family friend, in the sound
discretion of the court and subject to its supervision. However, if the
prosecution proves that he has acted with discernment, he shall be
proceeded against in accordance with Sections 24 to 28, or 36 to 40 of
this Rule, as the case may be, and subjected to a delinquency prevention
program as determined by the court.
Exemption from criminal liability does not include exemption from civil
liability which shall be enforced in accordance with the provisions of
Article 221 of the Family Code in relation to Article 101 of the Revised
Penal Code and Rule 111 of the Revised Rules of Criminal Procedure.
In case the act or omission of the juvenile involves a quasi-delict, Article

2180 of the Civil Code shall apply.

Sec. 6. Procedure in Taking a Juvenile into Custody.– Any person taking
into custody a juvenile in conflict with the law shall:
(a) Identify himself and present proper identification to the

juvenile;
(b) Inform the juvenile of the reason for such custody and advise
him of his constitutional rights in a language or dialect understood
by him;
(c) Refrain from using vulgar or profane words and from sexually
harassing or abusing, or making sexual advances on the juvenile;
(d) Avoid displaying or using any firearm, weapon, handcuffs or

other instruments of force or restraint, unless absolutely necessary
and only after all other methods of control have been exhausted and
have failed;
(e) Refrain from subjecting the juvenile to greater restraint than is

necessary for his apprehension;
(f) Avoid violence or unnecessary force;
(g) Notify the parents of the juvenile or his nearest relative or

guardian, if any, and the local social welfare officer as soon as the
apprehension is made;
(h) Take the juvenile immediately to an available government

medical or health officer for a physical and mental examination.
The examination results shall be kept confidential unless otherwise
ordered by the Family Court. Whenever treatment for any physical
or mental defect is necessary, steps shall be immediately taken by
the said officer to provide the juvenile with the necessary and
proper treatment; and
(i) Hold the juvenile in secure quarters separate from that of the
opposite sex and adult offenders.
Sec. 7. Taking Custody of a Juvenile Without a Warrant.– A peace

officer or a private person taking into custody a juvenile in conflict with
the law without a warrant shall likewise follow the provisions of
Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal
Procedure and shall forthwith deliver him to the nearest police station.
The juvenile shall be proceeded against in accordance with Section 7 of
Rule 112.

Sec. 8. Conduct of Initial Investigation by the Police.– The police officer
conducting the initial investigation of a juvenile in conflict with the law
shall do so in the presence of either of the parents of the juvenile; in the
absence of both parents, the guardian or the nearest relative, or a social
welfare officer, and the counsel of his own choice. In their presence, the
juvenile shall be informed of his constitutional rights during custodial
investigation.
The right of the juvenile to privacy shall be protected at all times. All
measures necessary to promote this right shall be taken, including the
exclusion of the media.
Sec. 9. Fingerprinting and Photographing of the Juvenile.– While under

investigation, no juvenile in conflict with the law shall be fingerprinted
or photographed in a humiliating and degrading manner. The following
guidelines shall be observed when fingerprinting or photographing the
juvenile:
(a) His fingerprint and photograph files shall be kept separate from
those of adults and shall be kept confidential. They may be
inspected by law enforcement officers only when necessary for the
discharge of their duties and upon prior authority of the Family
Court;
(b) His fingerprints and photographs shall be removed from the

files and destroyed: (1) if the case against him is not filed, or is
dismissed; or (2) when the juvenile reaches twenty one (21) years of
age and there is no record that he committed an offense after
reaching eighteen (18) years of age.
Sec. 10. Intake Report by the Social Welfare Officer.– Upon the taking
into custody of a juvenile in conflict with the law, the social welfare
officer assigned to him by the DSWD shall immediately undertake a
preliminary background investigation of the juvenile and submit, prior
to arraignment of the juvenile, a report on his findings to the Family
Court in which the case may be filed.
Sec. 11. Filing of Criminal Action.– A criminal action may be instituted

against a juvenile in conflict with the law by filing a complaint with the
prosecutor or the municipal trial court in cases where a preliminary
investigation is required. In Manila and other chartered cities, if their
charters so provide, the complaint shall be filed with the Office of the
Prosecutor. It may also be filed directly with the Family Court if no
preliminary investigation is required under Section 1 of Rule 112 of the
Revised Rules of Criminal Procedure.

All criminal actions commenced by complaint or information shall be
prosecuted under the direction and control of the public prosecutor
assigned to the Family Court.
Sec. 12. Prosecution of Civil Action.– When a criminal action is

instituted against a juvenile in conflict with the law, the action for
recovery of civil liability arising from the offense charged shall be
governed by Rule 111 of the Revised Rules of Criminal Procedure.
Sec. 13. Preliminary Investigation.– As far as consistent with this Rule,

the preliminary investigation of a juvenile in conflict with the law shall
be governed by Section 3 of Rule 112 of the Revised Rules of Criminal
Procedure. If clarificatory questions become necessary, the Rule on
Examination of a Child Witness shall apply.
If a preliminary investigation is required before the filing of a complaint

or information, the same shall be conducted by the judge of the
Municipal Trial Court or the public prosecutor in accordance with the
pertinent provisions of Rule 112 of the Revised Rules of Criminal
Procedure.
If the investigating prosecutor finds probable cause to hold the juvenile

for trial, he shall prepare the corresponding resolution and information
for approval by the provincial or city prosecutor, as the case may be.
The juvenile, his parents/nearest relative/guardian and his counsel
shall be furnished forthwith a copy of the approved resolution.
Sec. 14. Venue.– Subject to the provisions of Section 15, Rule 110 of the
Revised Rules of Criminal Procedure, any criminal or civil action
involving a juvenile in conflict with the law shall be instituted and tried
in the Family Court of or nearest the place where the offense was
committed or where any of its essential elements occurred.
Sec. 15. Recognizance.– Before final conviction, all juveniles charged

with offenses falling under the Revised Rule on Summary Procedure
shall be released on recognizance to the custody of their parents or
other suitable person who shall be responsible for the juveniles’
appearance in court whenever required.
Sec. 16. When Bail a Matter of Right.– All juveniles in conflict with the
law shall be admitted to bail as a matter of right before final conviction
of an offense not punishable by death, reclusion perpetua or life
imprisonment.

In the event the juvenile cannot post bail for lack of financial resources,
the Family Court shall commit the juvenile pursuant to Section 18 of
this Rule.
However, where the juvenile does not pose a threat to public safety, the
Family Court may, motu proprio or upon motion and recommendation
of the DSWD, release the juvenile on recognizance to the custody of his
parents or other responsible person.
Sec. 17. When Bail Not A Matter of Right.– No juvenile charged with an
offense punishable by death, reclusion perpetua or life imprisonment
shall be admitted to bail when evidence of guilt is strong.
Sec. 18. Care of Juveniles in Conflict with the Law.– The juvenile
charged with having committed a delinquent act, held for trial or while
the case is pending appeal, if unable to furnish bail or is denied bail,
shall, from the time of his being taken into custody, be committed by
the Family Court to the care of the DSWD, a youth detention center, or
a local rehabilitation center recognized by the government in the
province, city or municipality within the jurisdiction of the said court.
The center or agency concerned shall be responsible for the juvenile’s
appearance in court whenever required. In the absence of any such
center or agency within a reasonable distance from the venue of the
trial, the juvenile shall be detained in the provincial, city or municipal
jail which shall provide adequate quarters for the juvenile separate from
adult detainees and detainees of the opposite sex.
Sec. 19. Case Study Report.– After the institution of the criminal action,
the social worker of the Family Court shall immediately undertake a
case study of the juvenile and his family, his environment and such
other matters relevant to the proper disposition of the case. His report
shall be submitted within the period fixed by the Family Court,
preferably before arraignment, to aid it in the proper disposition of the
case.
Sec. 20. Diversion Proceedings Before Arraignment.– Where the

maximum penalty imposed by law for the offense with which the
juvenile in conflict with the law is charged is imprisonment of not more
than six (6) months, regardless of fine or fine alone regardless of
amount, and the corresponding complaint or information is filed with
the Family Court, the case shall not be set for arraignment; instead, it
shall forthwith be referred to the Diversion Committee which shall
determine whether the juvenile can be diverted and referred to
alternative measures or services offered by non-court institutions.
Pending determination by the Committee, the court shall deliver the
juvenile on recognizance to the custody of his parents or legal guardian

who shall be responsible for the presence of the juvenile during the
diversion proceedings.
Sec. 21. Diversion Committee.– In each Family Court, there shall be a

Diversion Committee to be composed of its branch clerk of court as
chairperson, and the prosecutor, a lawyer of the Public Attorney’s Office
and the social worker assigned to the said Family Court as members.
The chairperson of the Committee shall call for a conference with notice
to the juvenile, his parents/legal guardian and his counsel, and the
private complainant and his counsel, and recommend to the Family
Court whether the juvenile should be diverted to a diversion program or
undergo formal court proceedings. In making its recommendation, the
Committee shall consider the following factors:
a) The record of the juvenile on his conflict with the law;
b) Whether the imposable maximum penalty of the offense is more

than six (6) months, regardless of fine; or only a fine, regardless
of amount;
c) Whether the juvenile is an obvious threat to himself and/or the

community;
d) Whether the juvenile is unrepentant;
e) Whether the juvenile or his parents are indifferent or hostile; and

f) Whether the juvenile’s relationships with his peers increase the
possibility of delinquent behavior.
If the Committee recommends diversion, it shall submit the diversion

program for the juvenile for the consideration and approval of the court.
The Committee cannot recommend diversion should the juvenile or the

private complainant object thereto. If no diversion program is
recommended, the court shall include the case in its calendar for formal
proceedings.
Consent to diversion by the juvenile or payment by him of civil

indemnity shall not in any way be construed as admission of guilt and
used as evidence against him in the event that his case is included in the
court calendar for formal proceedings.
Sec. 22. Diversion Programs.– The diversion program designed by the

Committee shall be distinct to each juvenile in conflict with the law

limited for a specific period. It may include any or a combination of the
following:
a) Written or oral reprimand or citation;
b) Return of property;
c) Payment of the damage caused;
d) Written or oral apology;
e) Guidance and supervision orders;
f) Counseling for the juvenile and his family;
g) Training, seminars and lectures on (i) anger management skills;

(ii) problem-solving and/or conflict resolution skills; (iii) values
formation; and (iv) other skills that will aid the juvenile to properly
deal with situations that can lead to a repetition of the offense;
h) Participation in available community-based programs;
i) Institutional care and custody; or
j) Work-detail program in the community.
Sec. 23. Hearing of Diversion Program.– The Family Court shall set the
recommendation and diversion program for hearing within ten (10)
days from receipt thereof.
Sec. 24. Undertaking.– In all cases where a juvenile in conflict with the
law is given the benefit of a diversion program, an undertaking
describing the program shall be signed by him, his parents or legal
guardian and the complainant, and approved by the Family Court. The
program, which shall be enforced under the supervision and control of
the Family Court, shall contain the following terms and conditions:
a) The juvenile shall present himself to the social worker of the

Family Court that approved the diversion program at least once a
month for evaluation of its effectiveness. Whenever the juvenile is
permitted to reside in a place under the jurisdiction of another
Family Court, control and supervision over him shall be transferred
to the Family Court of that place, and in such case, a copy of the
undertaking, the intake and case study reports and other pertinent
records shall be furnished the said court. Thereafter, the Family
Court to which jurisdiction over the juvenile is transferred shall
have the power with respect to the latter that was previously

possessed by the Family Court that approved the diversion and such
other conditions as the Committee may deem just and proper under
the circumstances.
b) The juvenile shall faithfully comply with the terms and

conditions in the undertaking. His non-compliance shall be referred
by the Committee to the Family Court where the case has been
transferred for a show-cause hearing with notice to the juvenile and
private complainant. The court shall determine whether the
juvenile should continue with the diversion program or his case
returned to the original court for formal proceedings.
The Family Court shall exert its best efforts to secure satisfaction of the
civil liability of the juvenile and his parents or guardian. However,
inability to pay the said liability shall not by itself be a ground to
discontinue the diversion program of the juvenile.
Sec. 25. Closure Order.– The juvenile subject of diversion proceedings

shall be visited periodically by the Family Court social worker who shall
submit to the Committee his reports thereon. At any time before or at
the end of the diversion period, a report recommending closure or
extension of diversion, as the case may be, shall be filed by the
Committee with the Family Court. The report and recommendation
shall be heard by the Family Court within fifteen (15) days from its
receipt thereof, with notice to the members of the Committee, the
juvenile and his parents or legal guardian and counsel and the
complainant to determine whether the undertaking has been fully and
satisfactorily complied with. If the juvenile has complied with his
undertaking, the Family Court shall issue the corresponding closure
order terminating the diversion program. It may, however, extend the
period of diversion to give the juvenile a further chance to be
rehabilitated. In the event the court finds that the diversion program
will no longer serve its purpose, it shall include the case of the juvenile
in its calendar for formal proceedings.
Sec. 26. Duty of the Family Court to Protect the Rights of the Juvenile.–
In all criminal proceedings in the Family Court, the judge shall ensure
the protection of the following rights of the juvenile in conflict with the
law:
a) To be presumed innocent until the contrary is proved beyond

reasonable doubt;
b) To be informed promptly and directly of the nature and cause

of the charge against him, and if appropriate, through his parents
or legal guardian;

c) To be present at every stage of the proceedings, from
arraignment to promulgation of judgment. The juvenile may,
however, waive his presence at the trial pursuant to the
stipulations set forth in his bail, unless his presence at the trial is
specifically ordered by the court for purposes of identification.
The absence of the juvenile without justifiable cause at the trial of
which he had notice shall be considered a waiver of his right to be
present thereat. When the juvenile under custody escapes, he
shall be deemed to have waived his right to be present in all
subsequent hearings until custody over him is regained;
d) To have legal and other appropriate assistance in the

preparation and presentation of his defense;
e) To testify as a witness in his own behalf and subject to cross-

examination only on matters covered by direct examination,
provided that the Rule on the Examination of a Child Witness
shall be observed whenever convenient and practicable.
The juvenile shall not be compelled to be a witness against

himself and his silence shall not in any manner prejudice him;
f) To confront and cross-examine the witnesses against him;
g) To have compulsory process issued to secure the attendance of

witnesses and production of other evidence in his behalf;
h) To have speedy and impartial trial, with legal or other

appropriate assistance and preferably in the presence of his
parents or legal guardian, unless such presence is considered not
to be in the best interests of the juvenile taking into account his
age or other peculiar circumstances;
i) To appeal in all cases allowed and in the manner prescribed by

law;
j) To be accorded all the rights under the Rule on Examination of

a Child Witness; and
k) To have his privacy fully respected in all stages of the

proceedings.
Sec. 27. Arraignment and Plea.– The provisions of Rules 116 and 117 of
the Revised Rules of Criminal Procedure shall apply to the arraignment
of the juvenile in conflict with the law. The arraignment shall be

scheduled within seven (7) days from the date of the filing of the
complaint or information with the Family Court, unless a shorter period
is provided for by law.
Arraignment shall be held in chambers and conducted by the judge by

furnishing the juvenile a copy of the complaint or information, reading
the same in a language or dialect known to and understood by him,
explaining the nature and consequences of a plea of guilty or not guilty
and asking him what his plea is.
Sec. 28. Pre-trial.– The provisions of Rule 118 of the Revised Rules of
Criminal Procedure shall govern the pre-trial of the juvenile in conflict
with the law. Agreements or admissions made during the pre-trial
conference shall be in writing and signed by the juvenile, his parents or
guardian and his counsel; otherwise, they cannot be used against him.
Whenever possible and practicable, the Family Court shall explore all
possibilities of settlement of the case, except its criminal aspect. Plea
bargaining shall be resorted to only as a last measure when it will serve
the best interests of the juvenile and the demands of restorative justice.
Sec. 29. Trial.– All hearings shall be conducted in a manner conducive

to the best interests of the juvenile and in an environment that will
allow him to participate fully and freely in accordance with the Rule on
Examination of a Child Witness.
Sec. 30. Guiding Principles in Judging the Juvenile.– Subject to the

provisions of the Revised Penal Code, as amended, and other special
laws, the judgment against a juvenile in conflict with the law shall be
guided by the following principles:
1. It shall be in proportion to the gravity of the offense, and shall

consider the circumstances and the best interests of the juvenile, the
rights of the victim, the needs of society in line with the demands of
restorative justice.
2. Restrictions on the personal liberty of the juvenile shall be limited

to the minimum. Where discretion is given by law to the judge to
determine whether the penalty to be imposed is fine or imprisonment,
the imposition of the former should be preferred as the more
appropriate penalty.
3. No corporal punishment shall be imposed.
Sec. 31. Promulgation of Sentence.– If after trial the Family Court

should find the juvenile in conflict with the law guilty, it shall impose

the proper penalty, including any civil liability which the juvenile may
have incurred, and promulgate the sentence in accordance with Section
6, Rule 120 of the Revised Rules of Criminal Procedure.
Sec. 32. Automatic Suspension of Sentence and Disposition Orders.–

The sentence shall be suspended without need of application by the
juvenile in conflict with the law. The court shall set the case for
disposition conference within fifteen (15) days from the promulgation of
sentence which shall be attended by the social worker of the Family
Court, the juvenile, and his parents or guardian ad litem. It shall
proceed to issue any or a combination of the following disposition
measures best suited to the rehabilitation and welfare of the juvenile:
1. Care, guidance, and supervision orders;
2. Community service orders;
3. Drug and alcohol treatment;
4. Participation in group counseling and similar activities;
5. Commitment to the Youth Rehabilitation Center of the DSWD or

other centers for juveniles in conflict with the law authorized by the
Secretary of the DSWD.
The Social Services and Counseling Division (SSCD) of the DSWD shall
monitor the compliance by the juvenile in conflict with the law with the
disposition measure and shall submit regularly to the Family Court a
status and progress report on the matter. The Family Court may set a
conference for the evaluation of such report in the presence, if
practicable, of the juvenile, his parents or guardian, and other persons
whose presence may be deemed necessary.
The benefits of suspended sentence shall not apply to a juvenile in

conflict with the law who has once enjoyed suspension of sentence, or to
one who is convicted of an offense punishable by death, reclusion
perpetua or life imprisonment, or when at the time of promulgation of
judgment the juvenile is already eighteen (18) years of age or over.
Sec. 33. Discharge of Juvenile Subject of Disposition Measure.– Upon

the recommendation of the SSCD and a duly authorized officer of the
DSWD, the head of an appropriate center or the duly accredited child-
caring agency which has custody over the juvenile, the Family Court
shall, after due notice to all parties and hearing, dismiss the case against
the juvenile who has been issued disposition measures, even before he
has reached eighteen (18) years of age, and order a final discharge if it

finds that the juvenile has behaved properly and has shown the
capability to be a useful member of the community.
If the Family Court, however, finds that the juvenile has not behaved
properly, has been incorrigible, has not shown the capability of
becoming a useful member of society, has willfully failed to comply with
the conditions of his disposition or rehabilitation program, or should
his continued stay in the training institution where he has been
assigned be not in his best interests, he shall be brought before the
court for execution of his judgment.
If the juvenile in conflict with the law has reached the age of eighteen
(18) years while in commitment, the Family Court shall determine
whether to dismiss the case in accordance with the first paragraph of
this Section or to execute the judgment of conviction. In the latter case,
unless the juvenile has already availed of probation under Presidential
Decree No. 603 or other similar laws, he may apply for probation if
qualified under the provisions of the Probation Law.
The final release of the juvenile shall not extinguish his civil liability.
The parents and other persons exercising parental authority over the
juvenile shall be civilly liable for the injuries and damages caused by the
acts or omissions of the juvenile living in their company and under their
parental authority subject to the appropriate defenses provided by law.
Sec. 34. Probation as an Alternative to Imprisonment.– After

promulgation of sentence and upon application at any time by the
juvenile in conflict with the law within the period to appeal, the Family
Court may place the juvenile on probation, if he is qualified under the
Probation Law.
Sec. 35. Credit in Service of Sentence.– The juvenile in conflict with the
law who has undergone preventive imprisonment shall be credited in
the service of his sentence consisting of deprivation of liberty, with the
full time during which he has undergone preventive imprisonment, if he
agrees voluntarily in writing to abide by the same or similar disciplinary
rules imposed upon convicted prisoners, except in any of the following
cases:
1. When the juvenile is a recidivist or has been convicted previously

twice or more times of any crime; or
2. When upon being summoned for execution of sentence, he failed

to surrender voluntarily.

If the juvenile does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be credited in the service of
his sentence with four-fifths of the time during which he has undergone
preventive imprisonment.
Whenever the juvenile has undergone preventive imprisonment for a

period equal to or more than the possible maximum imprisonment of
the offense charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same
is under review. In case the maximum penalty to which the juvenile may
be sentenced is destierro, he shall be released after thirty (30) days of
preventive imprisonment.
Any form of physical restraint imposed on the juvenile in conflict with

the law, including community service and commitment to a
rehabilitation center, shall be considered preventive imprisonment.
Sec. 36. Confidentiality of Proceedings and Records.– All proceedings

and records involving juveniles in conflict with the law from initial
contact until final disposition of the case by the Family Court shall be
considered privileged and confidential. The public may be excluded
from the proceedings and, pursuant to the provisions of Section 31 of
the Rule on Examination of a Child Witness, the records shall not be
disclosed directly or indirectly to anyone by any of the parties or the
participants in the proceedings for any purpose whatsoever, except to
determine if the juvenile may have his sentence suspended under
Section 25 of this Rule or if he may be granted probation under the
Probation Law, or to enforce the civil liability imposed in the criminal
action.
The Family Court shall take other measures to protect this

confidentiality of proceedings including non-disclosure of records to the
media, the maintenance of a separate police blotter for cases involving
juveniles in conflict with the law and the adoption of a system of coding
to conceal material information, which will lead to the juvenile’s
identity. Records of juveniles in conflict with the law shall not be used
in subsequent proceedings or cases involving the same offender as an
adult.
Sec. 37. Non-liability for perjury or concealment or misrepresentation.–

Any person who has been in conflict with the law as a juvenile shall not
be held guilty of perjury or of concealment or misrepresentation by
reason of his failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made to him for any purpose.

Sec. 38. Sealing of Records.– The Family Court motu proprio, or on
application of a person who has been adjudged a juvenile in conflict
with the law, or if still a minor, on motion of his parents or legal
guardian, shall, upon notice to the prosecution and after hearing, order
the sealing of the records of the case if it finds that two (2) years have
elapsed since the final discharge of the juvenile after suspension of
sentence or probation, or from the date of the closure order and he has
no pending case of an offense or a crime involving moral turpitude.
Upon entry of the order, the case shall be treated as if it never occurred.
All index references shall be deleted and in case of inquiry, the Family
Court, prosecution, law enforcement officers and all other offices and
agencies that dealt with the case shall reply that no record exists with
respect to the juvenile concerned. Copies of the order shall be sent to
these officials and agencies named in the order. Inspection of the sealed
records thereafter may be permitted only by order of the Family Court
upon petition of the juvenile who is the subject of the records or of other
proper parties.
This procedure shall be without prejudice to the rule on destruction of

video or audio tapes under Section 31 of the Rule on the Examination of
a Child Witness.
Sec. 39. Prohibition Against Labeling.– In the conduct of proceedings

from initial contact with the juvenile in conflict with the law to the final
disposition of the case, there shall be no branding or labeling of the
latter as a young criminal, juvenile delinquent, prostitute, vagrant, or
attaching to him in any manner any derogatory name. Likewise, no
discriminatory remarks and practices shall be allowed, particularly with
respect to the juvenile’s social or economic status, physical disability or
ethnic origin.
Sec. 40. Contempt Powers.– A person who directly or indirectly

disobeys any order of the Family Court or obstructs or interferes with its
proceedings or the enforcement of its orders issued under this Rule
shall be liable for contempt of court.
Sec. 41. Effectivity.– This rule shall take effect on April 15, 2002 after its
publication in a newspaper of general circulation not later than March
15, 2002.

RE: RULE ON VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
2004 Oct 19
A.M. No. 04-10-11-SC
RESOLUTION
Acting on the report of the Committee on Revision of the Rules of

Court submitting for this Court's consideration and approval the
Proposed Rule on Violence Against Women and Their Children,
the Court Resolved to APPROVE the same.
The Rule shall take effect on November 15, 2004 following its
publication in a newspaper of general circulation not later than
October 30, 2004.
October 19, 2004.
Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-

Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona,
Morales, Callejo, Sr., Tinga, Chico-Nazario, and Garcia, JJ.,
concur.
Azcuna, J., on leave.
RULE ON VIOLENCE AGAINST WOMEN AND THEIR

CHILDREN
SECTION 1. Applicability.—This Rule shall apply to petitions for

protection orders in cases of violence against women and their
children under R.A. No. 9262, otherwise known as the "Anti-
Violence Against Women and Their Children Act of 2004."
The Rules of Court shall apply suppletorily.

SEC. 2. Construction.—This Rule shall be liberally construed to
promote its objectives pursuant to the principles of restorative
justice.
SEC. 3. Objectives.—The objectives of this Rule are:
(a) To protect the rights of the family and its members

particularly women and children from violence and threats to their
personal safety and security;
(b) To enable the courts to manage and monitor cases involving

violence against women and children and the members of their
family or household;
(c) To prevent any disruption in the daily lives of the offended

parties and assist them to regain control of their lives;
(d) To ensure that treatment is provided for the offended

parties and offenders; and
(e) To hold the offenders accountable for their acts.
SEC. 4. Definitions.—As used in this Rule:
(a) "Violence against women and their children" refers to any

act or a series of acts committed by any person against a woman
who is his wife, former wife, or a woman with whom the person
has or had a dating or sexual relationship, or with whom he has a
common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or
is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of
liberty.
(b) “Children" refers to persons below eighteen years of age or

older but are unable to fully take care of themselves from abuse,
neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition. It includes the biological
children of the offended party and other children under her care.

(c) "Members of the family" shall include husband and wife,
parents and children, the ascendants or descendants, brothers and
sisters, whether of the full or half blood, whether living together or
not.
(d) "Members of the household" shall include:
1. Spouses, common-law spouses, former spouses, whether

living together or not, and their children;
2. Relatives by consanguinity or affinity up to the sixth civil

degree, including stepparents and stepchildren living together in
the same house; and
3. Domestic helpers in the service of the employer, whose

services are usually necessary or desirable for the maintenance
and enjoyment of the home, who attend to the personal comfort
and convenience of the members of the household.
(e) "Battery" refers to an act of inflicting physical harm upon

the woman or her child resulting in physical and psychological or
emotional distress.
(f) "Sexual violence" refers to an act which is sexual in nature

committed against a woman or her child. It includes the following:
1. rape, sexual harassment, acts of lasciviousness, treating a

woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual parts
of the victim's body, forcing the offended party to watch obscene
publications and indecent shows or to do indecent acts or make
films thereof, forcing the wife and mistress or lover to live in the
conjugal home or sleep together in the same room with the abuser;
2. acts causing or attempting to cause the offended party to

engage in any sexual activity by force, threat of force, physical or
other harm or threat of physical or other harm or coercion; and
3. prostitution of the woman or her child.

(g) "Psychological violence" refers to acts or omissions causing
or likely to cause mental or emotional suffering of the offended
party such as intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and
marital infidelity. It includes causing or allowing the offended
party to witness the physical, sexual or psychological abuse; of a
member of the family to which the offended party belongs, or to
witness pornography in any form or to witness abusive injury to
pets or to unlawful or unwanted deprivation of the right to custody
or visitation of common children.
(h) "Economic abuse" refers to acts that make or attempt to

make a woman financially dependent which includes the
following:
1. withdrawing of financial support or preventing the

offended party from engaging in any legitimate profession,
occupation, business or activity, except in cases where the other
spouse or partner objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code;
2. depriving or threatening to deprive financial resources and

the right to the use and enjoyment of the conjugal, community or
property owned in common;
3. destroying household property; and
4. controlling the offended party's own money or property or

solely controlling the conjugal money or property.
(i) "Stalking" refers to an intentional act of knowingly and

without lawful justification, following the woman or her child or
placing the woman or her child under surveillance directly or
indirectly or through a combination thereof.
(j) "Sexual relationship" refers to a single sexual act which may

or may not result in the bearing of a common child;

(k) "Program of intervention for offended parties" refers to a
specialized program that provides advocacy, shelter, crisis
intervention, social services, treatment, counseling, education, or
training.
(I) "Program of intervention for offenders" refers to court-

ordered treatment of offenders given by agencies or persons who
have demonstrated expertise and experience in anger control,
management of alcohol, substance abuse; and other forms of
intervention to stop violence,
(m) "Safe Place or Shelter" refers to any home or institution

managed by the Department of Social Welfare and Development
(DSWD) or by any agency or voluntary organization accredited by
the DSWD or any other suitable place the resident of which is
willing to receive the offended party temporarily.
(n) "Safety plan" refers to a written plan of action prepared by a

social worker and approved by the court to secure the protection of
the offended party.
(o) "Protection order" is an order issued by the court to prevent

further acts of violence against women and their children, their
family or household members, and to grant other necessary relief.
Its purpose is to safeguard the offended parties from further harm,
minimize any disruption in their daily life and facilitate the
opportunity and ability to regain control of their life.
(p) "Barangay protection order" (BPO) refers to the protection

order issued by the Punong Barangay, or in his absence the
Barangay Kagawad, ordering the perpetrator to desist from
committing acts of violence against the family or household
members particularly women and their children under Sections 5a
and 5b of R.A. No. 9262.
(q) "Temporary protection order" (TPO) refers to the protection

order issued by the court on the filing of the application and after
ex parte determination of its need. It may also be issued in the
course of a hearing, motu proprio or upon motion.

(r) “Permanent protection order" (PPO) refers to the protection
order issued by the court after notice and hearing.
(s) "Live-link television testimony" refers to the testimony of a

child, who is an eyewitness or offended party in violence against
women and their children, taken in a room outside the courtroom
and televised to the courtroom by live-link television, as provided
for in Section 25 of the Rule on Examination of a Child Witness. It
may also refer to the live-link testimony of an adult female victim
of violence, which may be allowed at the discretion of the court.
SEC. 5. Acts of violence against women and their children under

R.A. No. 9262. —Violence against women and their children is
committed through any of the following acts:
(a) Causing, threatening or attempting to cause physical harm

to the woman or her child;
(b) Placing the woman or her child in fear of imminent physical

harm;
(c) Attempting to compel or compelling the woman or her child

to engage in conduct which the woman or her child has the right to
desist from or to desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or
restricting the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other harm or
threat of physical on other harm, or intimidation directed against
the woman or her child.
This shall include, but is not limited to, the following acts
committed with the purpose or effect of controlling or restricting
the movement or conduct of the woman or her child:
1. Threatening to deprive or actually depriving the woman or

her child of custody or access to her/his family;
2. Depriving or threatening to deprive the woman or her

children of financial support legally due her or her family, or

deliberately providing the woman's children insufficient financial
support;
3. Depriving or threatening to deprive the woman or her

child of a legal right; and
4. Preventing the woman from engaging in any legitimate

profession, occupation, business or activity except in cases where
the spouse or partner on valid, serious and moral grounds, or
controlling the victim's own money or property, or solely
controlling the conjugal or common money or property;
(d) Inflicting or threatening to inflict physical ham on oneself

for the purpose of controlling her actions or decisions;
(e) Causing or attempting to cause the woman or her child to

engage in any sexual activity which does not constitute rape, by
force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate
family;
(f) Engaging in purposeful, knowing, or reckless conduct,

personally or through another, that alarms or causes substantial
emotional or psychological distress to the woman or her child.
This shall include, but is not limited to, the following acts:
1. Stalking or following the woman or her child in public or

private places;
2. Peering in the window or lingering outside the residence of

the woman or her child;
3. Entering or remaining in the dwelling or on the property

of the woman or her child against her/his will;
4. Destroying the property and personal belongings or

inflicting harm to animals or pets of the woman or child; and
5. Engaging in any form of harassment or violence; or

(g) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not limited
to, repeated verbal and emotional abuse, and denial of financial
support or custody of a minor child or denial of access to the
woman's child.
SEC. 6. Remedies of offended party.—The offended party may file

a separate petition for protection order without claiming damages.
The offended party may also pursue other remedies in accordance
with Part II of this Rule by the filing of any of the following:
(a) Criminal action;
(b) Criminal action with reservation of a separate civil action; or
(c) Civil action for damages.
Part I
PETITION FOR PROTECTION ORDER
SEC. 7. Form of petition.—A petition for protection order shall be

in writing, signed and verified by the petitioner. It shall be
accompanied by a certificate of non-forum shopping which the
petitioner must sign personally.
SEC. 8. Who may file petition.—A petition for protection order

may be filed by any of the following:
(a) The offended party;
(b) Parents or guardians of the offended party;
(c) Ascendants, descendants or collateral relatives of the

offended party within the fourth civil degree of consanguinity or
affinity;

(d) Officers or social workers of the Department of Social
Welfare and Development (DSWD) or social workers of local
government units (LGUs);
(e) Police officers, preferably those in charge of women and

children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare provider of the

petitioner; or
(h) At least two concerned, responsible citizens of the place

where the violence against women and their children occurred and
who have personal knowledge of the offense committed.
The filing of a petition for protection order by the offended

party suspends the right of all other authorized parties to file
similar petitions. A petition filed by the offended party after the
filing of a similar petition by an authorized party shall not be
dismissed but shall be consolidated with the petition filed earlier.
SEC. 9. Where to file the petition. – The verified petition for

protection order may be filed with the Family Court of the place
where the offended party resides. If there is no existing Family
Court, it may be filed with the regional trial court, metropolitan
trial court, municipal trial court in cities, municipal trial court or
municipal circuit trial court with territorial jurisdiction over the
place of residence of the offended party.
SEC. 10. Contents of the petition.—The petition filed by the

offended party shall contain the following:
(a) The name, age and residence of the offended party;'
(b) The name, age and residence of the respondent;
(c) A description of the relationship between the offended party

and the respondent;

(d) A complete description of the alleged act constituting
violence including the date, time and place of occurrence;
(e) A request for counsel and the reasons for such;
(f) A request for waiver of application fees;
(g) The relief from violence prayed for, including protection

orders to cover any designated family or household member who
consents to such relief.
If the petitioner is not the offended party, the petition shall be

accompanied by an affidavit of the petitioner attesting to the
following:
(a) facts showing the authority of the petitioner to file the

petition;
(b) circumstances of the abuse suffered by the offended

party; and
(c) circumstances of consent given by or refusal to consent of

the offended party to file the petition.
When disclosure of the address will pose danger to the life of

the offended party, it shall be so stated in the petition. In such a
case, the petitioner shall attest that the offended party is; residing
in the municipality or city over which the court has territorial
jurisdiction, and shall provide a mailing address for purposes of
service processing.
SEC. 11. Reliefs available to the offended party.—The protection

order shall include any, some or all of the following reliefs:
(a) Prohibiting the respondent from threatening to commit or

committing, personally or through another, acts of violence
against the offended party;

(b) Prohibiting the respondent from harassing, annoying,
telephoning, contacting or otherwise communicating in any form
with the offended party, either directly or indirectly;
(c) Removing and excluding the respondent from the residence

of the offended party, regardless of ownership of the residence,
either temporally for the purpose of protecting the offended party,
or permanently where no property rights are violated. If the
respondent must remove personal effects from the residence, the
court shall direct a law enforcement agent to accompany the
respondent to the residence, remain there until the respondent
has gathered his things and escort him from the residence;
(d) Requiring the respondent to stay away from the offended

party and any designated family or household member at a
distance specified by the court;
(e) Requiring the respondent to stay away from the residence,

school, place of employment or any specified place frequented
regularly by the offended party and any designated family or
household member;
(f) Directing lawful possession and use by the offended party of

an automobile and other essential personal effects, regardless of
ownership, and directing the appropriate law enforcement officer
to accompany the offended party to the residence of the parties to
ensure that the offended party is safely restored to the possession
of the automobile and other essential personal effects;
(g) Ordering temporary or permanent custody of the

child/children with the offended party, taking into consideration
the best interests of the child. An offended party who is suffering
from Battered Woman Syndrome shall not be disqualified from
having custody of her children. In no case shall custody of minor
children be given to the batterer of a woman who is suffering from
Battered Woman Syndrome;
(h) Directing the respondent to provide support 'o the woman

and/or her child, if entitled to legal import. Notwithstanding other
laws to the contrary, the court shall order an appropriate

percentage of the income or salary of the respondent to be
withheld regularly by his employer and to automatically remit it
directly to the offended party. Failure to withhold, remit or any
delay in the remittance of support to the offended party without
justifiable cause shall render the respondent or his employer liable
for indirect contempt of court;
(i) Prohibiting the respondent from carrying or possessing any

firearm or deadly weapon and ordering him to surrender the same
to the court for appropriate disposition, including revocation of
license and disqualification to apply for any license to carry or
possess a firearm. If the respondent is a law enforcement agent,
the court shall order him to surrender his firearm and shall direct
the appropriate authority to investigate him and take appropriate
action thereon;
(j) Directing the DSWD or any appropriate agency to prepare a

program of intervention for the offended party that provides
advocacy, temporary shelter, crisis intervention, treatment,
therapy, counseling, education, training and other social services
that the offended party may need;
(k) Requiring the respondent to receive professional counseling

from agencies or persons who have demonstrated expertise and
experience in anger control, management of alcohol, substance
abuse and other forms of intervention to stop violence. The
program of intervention for offenders must be approved by the
court. The agency or person is required to provide the court with
regular reports of the progress and result of professional
counseling, for which the respondent may be ordered to pay; and
(I) Awarding the offended party actual damages caused by the

violence inflicted, including, but not limited to, property damage,
medical expanses, childcare expenses and loss of income; and
compensatory, moral, and exemplary damages, subject to Sections
26a and 35 of this Rule.
The court may grant such other forms of relief to protect the
offended party and any designated family or household member
who consents to such relief.

SEC. 12. Duties of the clerk of court.—The clerk of court shall
assist the petitioner or the offended party by:
(a) Communicating in a language understood by the petitioner;
(b) Providing the petitioner with a standard petition form

written in English with translation into the major local dialects,
including the instructions for its accomplishment;
(c) Ensuring the privacy of the offended party to the extent

practicable while the form is being accomplished;
(d) Advising the petitioner on the availability of legal assistance

from the Public Attorney's Office of the Department of Justice or
any public legal assistance office;
(e) Advising the petitioner on entitlement of support services

from the DSWD and LGUs;
(f) Advising the petitioner on the availability of an affidavit of

indigency in lieu of payment of the filing fee;
(g) Providing the offended party with a certified copy of the

protection order as well as giving the necessary information
regarding the process for its service and enforcement;
(h) Making available informative materials on violence against

women and their children, including their rights as victims; and
(i) Informing the offended party that compensation is available

from the Department of Justice Board of Claims in accordance
with the provisions of R.A. No. 7309 (1992), otherwise known as
"An Act Creating a Board of Claims Under the Department of
Justice for Victims of Unjust Imprisonment or Detention and
Victims of Violent Crime and For Other Purposes."
SEC. 13. Exemption from payment of docket fee and other

expenses.—If the offended party is an indigent or there is an
immediate necessity due to imminent danger or threat of danger

to act on a petition for a protection order, the court shall accept
the petition without payment of the filing fee and other fees and of
transcripts of stenographic notes.
SEC. 14. Raffle in multi-sala courts.—The petition filed in a multi-

sala court shall be raffled without delay.
If an action contains an application for a protection order, it shall

be the subject of a special raffle.
SEC. 15. Ex parte issuance of temporary protection order.—
(a) If the court is satisfied from the verified allegations of the

petition that there is reasonable ground to believe that an
imminent danger of violence against women and their children
exists or is about to recur, the court may issue ex parte a
temporary protection order which shall be effective for thirty days
from service on the party or person sought to be enjoined.
(b) The temporary protection order shall include notice of the

date of the preliminary conference and hearing on the merits. The
following statements must be printed in bold-faced type or in
capital letters on the protection order issued by the court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.
"IF THE RESPONDENT APPEARS WITHOUT COUNSEL ON

THE DATE OF THE PRELIMINARY CONFERENCE AND
HEARING ON THE MERITS ON THE ISSUANCE OF A
PERMANENT PROTECTION ORDER, THE COURT SHALL NOT
RESCHEDULE OR POSTPONE THE PRELIMINARY
CONFERENCE AND HEARING BUT SHALL APPOINT A
LAWYER FOR THE RESPONDENT AND IMMEDIATELY
PROCEED WITH SAID HEARING.
"IF THE RESPONDENT FAILS TO APPEAR ON THE DATE OF

THE PRELIMINARY CONFERENCE AND HEARING ON THE
MERITS DESPITE PROPER NOTICE, THE COURT SHALL
ALLOW EX PARTE PRESENTATION OF EVIDENCE BY THE
PETITIONER AND RENDER JUDGMENT ON THE BASIS OF

THE PLEADINGS AND EVIDENCE ON RECORD. NO
DELEGATION OF THE RECEPTION OF EVIDENCE SHALL BE
ALLOWED."
(c) The court shall likewise order the immediate issuance of a

notice requiring the respondent to file an opposition within five
days from service. It shall further order service of (1) the notices to
file opposition and of dates of the preliminary conference and
hearing, (2) the protection order, and (3) copy of the petition,
upon the respondent by the court sheriff, or any person authorized
by the court, who may obtain the assistance of law enforcement
officers.
SEC. 16. Notice where no temporary protection order is issued ex

parte.— Where no temporary protection order is issued ex parte,
the clerk of court shall forthwith issue the corresponding notice to
the respondent requiring him to file an opposition within five
days. The date of the preliminary conference and hearing on the
merits shall be indicated on the notice.
Where the notice could not be served personally or by substituted

service despite diligent efforts, Rule 14 of the Rules of Court shall
apply as far as practicable.
SEC. 17. Enforceability of protection order.—The protection order

issued by the court shall be enforceable anywhere in the
Philippines. Violation of the protection order shall be punishable
by a fine ranging from Five Thousand (Php5.000.00) Pesos to
Fifty Thousand (Php50,000.00) Pesos or imprisonment of six
months or both.
SEC. 18. Duties of the law enforcement officer.— Upon the receipt
of the protection order, the law enforcement officer shall use all
reasonable means to enforce the order and prevent further
violence, such as by:
(a) Taking any action necessary to provide for the safety of the
offended party;

(b) Taking custody of the weapon used in the violence against
women and their children;
(c) Transporting or obtaining transportation for the offended

party to a safe place;
(d) Assisting the offended party in obtaining medical treatment,

including transportation to a medical clinic or hospital; and
(e) Assisting the offended party in removing essential personal

effects from the residence.
The law enforcement officer shall submit a written report to the

court within twenty-four hours from receipt setting forth
compliance with such order.
SEC. 19. Duties of social worker.—The social worker assigned by

the court shall assist the petitioner seeking a protection order by:
(a) Preparing a case study and a program of intervention for the

offended party, including her children, and referring them to
DSWD havens, crisis intervention centers and private entities
rendering appropriate social services;
(b) Formulating a safety plan which shall be approved by the

court; and
(c) Monitoring the measures indicated in the protection order.
Sec. 20. Opposition to petition.—
(a) The respondent may file an opposition to the petition which

he himself shall verify. It must be accompanied by the affidavits of
witnesses and shall show cause why a temporary or permanent
protection order should not be issued.
(b) Respondent shall not include in the opposition any

counterclaim, cross-claim or third-party complaint, but any cause
of action which could be the subject thereof may be litigated in a
separate civil action.

SEC. 21. Effect of failure to file an opposition.—If the respondent
fails to file an opposition to the petition within the period above
provided, the court, motu proprio or on motion of the petitioner,
shall issue the corresponding order as may be warranted by the
facts alleged in the petition.
SEC. 22. Prohibited pleadings and motions.—The following

pleadings, motions or petitions shall not be allowed:
(a) Motion to dismiss the petition except on the ground of lack

of jurisdiction over the subject matter or over the parties;
(b) Motion for extension of time to file opposition, affidavit,

position paper and other pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Third-party complaint;
(f) Reply;
(g) Motion to declare the respondent in default;
(h) Intervention;
(i) Memorandum;
(j) Petition for certiorari, mandamus or prohibition against any

interlocutory order issued by the court;
(k) Motion for new trial, or for reconsideration of a protection

order, or for reopening of trial; and
(I) Petition for relief from judgment.
SEC. 23. Preliminary conference.—

(a) When conducted.—A preliminary conference, which is
mandatory, shall be held on the date indicated in the notice.
(b) Notice.—The notice shall be served the parties, including the

offended party, who shall be required to notify their respective
counsels, if any. The parties shall appear in person at the
preliminary conference and submit their position papers setting
forth the law and the facts relied upon by them.
(c) Nature and purpose.—The court shall consider:
1. The propriety of issuing a protection order. The court shall

not deny the issuance of a protection order due to the lapse of time
between the act of violence and the filing of the petition, subject to
Section 24, R.A. No. 9262. The issuance of a barangay protection
order or the pendency of an application for a barangay protection
order shall not preclude a petitioner from applying for, or the
court from granting, a protection order;
2. The simplification of the issues; and
3. Such other matters as may aid in the prompt disposition of

the petition.
The court shall not refer the case or any issue thereof to a
mediator,
(d) Prohibited compromise.—The court shall not allow

compromise on any act constituting the crime of violence against
women and their children and other prohibited matters, such as
the following:
1. The civil status of persons;
2. The validity of a marriage, declaration of nullity or

annulment of a marriage or of a legal separation;
3. Any ground for declaration of nullity or annulment of a

marriage or of legal separation;

4. Future support;
5. The jurisdiction of courts; and
6. Future legitime.
(e) Effect of failure to appear.—
1. If the petitioner fails to appear personally, the petition

shall be dismissed unless the counsel or a duly authorized
representative of the petitioner appears in court and gives a
justifiable reason for the non-appearance of the petitioner;
however, if the petition is filed by a person other than the offended
party, it shall not be dismissed if the offended party is present and
does not agree to its dismissal.
2. If the respondent appears without counsel, the court shall

not reschedule or postpone the conference but shall appoint a
lawyer for the respondent and immediately proceed therewith;
and
3. If the respondent has filed his opposition but fails to

appear despite proper notice; the petitioner shall be allowed to
present evidence ex parte. The court shall then render judgment
on the basis of the pleadings and evidence on record.
SEC. 24. Protection order issued after preliminary conference.—

Within five days after the termination of the preliminary
conference, the court may issue a protection order, based on the
pleadings and stipulations or admissions made by the parties.
SEC. 25. Order for further hearing.—In case the court determines
the need for further hearing, it may issue an order containing the
following:
(a) Facts undisputed and admitted;
(b) Factual and legal issues to be resolved;

(c) Evidence, including objects and documents that have been
marked and will be presented;
(d) Names of witnesses who will be ordered to present their

direct testimonies in the form of affidavits; and
(e) Schedule of the presentation of evidence by both parties

which shall be done in one day, to the extent possible, within the
30-day period of the effectivity of the temporary protection order
issued.
SEC. 26. Hearing.—
(a) Rule applicable.—The Revised Rule on Summary Procedure

shall apply as far as practicable.
(b) Period to hear petition.—The court shall, to the extent

possible, endeavor to conduct in one day the hearing en the merits
for the issuance of a permanent protection order. Where the court
is unable to finish the hearing within one day and the temporary
protection order issued is due to expire, it may extend or renew
the temporary protection order for a period of thirty days each
time until final judgment is rendered. The court may modify the
extended or renewed temporary protection order as may be
necessary to meet the needs of the parties.
(c) Evidence of history of abusive conduct.—The court may

allow the introduction of any evidence of history of abusive
conduct of a respondent even if the same was not directed against
the victim, provided the same is relevant.
(d) Exclusion of persons from courtroom.—The court may order

the exclusion from the courtroom of all persons who do not have a
direct interest in the case. Such an order may be made if the court
determines on the record that requiring a party to testify in open
court:
1. would not enhance the ascertainment of truth;

2. would cause the party psychological harm or inability to
effectively communicate due to embarrassment, fear or timidity;
3. would violate the right of a party to privacy; or
4. would be offensive to decency or public morals.
SEC. 27. Prohibited acts.—The court hearing a petition for a

protection order shall not order, direct, force or in any way unduly
influence the applicant for a protection order to compromise or
abandon any of the reliefs sought in the petition for protection
under the law and this Rule. Failure to comply with this section
shall render the judge administratively liable.
SEC. 28. Availability of live-link television to eyewitnesses or

victims.—
(a) The testimony of a child, as an eyewitness or an offended

party in an act of violence against women and their children, may
be taken by live-link television. The application for an order for
live-link testimony, the factors to be considered by the court in
granting or denying the use of live-link television and the
procedure involved in the actual taking of the testimony shall be
followed as provided for in Section 25 of the Rule on Examination
of a Child Witness.
(b) The testimony of an adult female, victim of violence, may

likewise be taken by live-link television, if it appears that she
would suffer trauma if she were to testify in the presence of the;
offender or perpetrator.
SEC. 29. Period to decide.—
(a) The court shall decide the petition within thirty days after
termination of the hearing on the merits.
(b) Where no hearing has been conducted, the court shall

decide the petition within ten days after the termination of the
preliminary conference.

SEC. 30. Judgment.—If the court finds the petition meritorious, it
shall render judgment granting the offended party permanent
protection against acts of violence and such other necessary reliefs
provided in Section 11 of this Rule. The court shall not deny the
issuance of a permanent protection order due to the lapse of time
between the act of violence and the filing of the petition, subject to
Section 24, R.A. No. 9262. The judgment shall be immediately
executory.
SEC. 31. Appeal.—Any aggrieved party may appeal by filing a

notice of appeal with the court that rendered the final order or
judgment within fifteen days from notice and serving a copy
thereof upon the adverse party. The appeal shall not stay the
enforcement of the final order or judgment.
Part II
APPLICATION FOR PROTECTION ORDER

AS AN INCIDENT IN
A CRIMINAL OR CIVIL ACTION
AND OTHER REMEDIES
SEC. 32. Applicability to applications for protection orders filed as

incidents in civil or criminal cases.—The foregoing provisions shall
also apply to applications for protection orders filed as incidents in
criminal or civil actions.
SEC. 33. When petition may proceed separately from or be

deemed instituted with criminal action.—(a) An offended party
may file a petition for protection order ahead of a criminal action
arising from the same act. The same shall proceed separately from
the criminal action and shall require only a preponderance of
evidence. Upon motion of the petitioner, the court may
consolidate the petition with the criminal action.
(b) Where the offended party chooses to file a criminal action, the
petition for protection order is deemed instituted with the criminal
action, unless the offended party reserves the right to institute it
separately.

SEC. 34. When petition may proceed separately from or be
deemed instituted with the civil action for damages.—(a) An
offended party may file a petition for protection order ahead of a
civil action for damages arising from the same act. The same shall
proceed separately from the civil action and shall require only a
preponderance of evidence. Upon motion of the petitioner, the
court may consolidate the petition with the civil action.
(b) Where the offended party chooses to file a civil action for
damages, the petition for protection order is deemed instituted
with the civil action.
SEC. 35. Prosecution of civil action for damages.—The civil action

for damages shall be governed by the 1997 Rules of Civil
Procedure. However, the offended party cannot recover the same
damages twice for the same act or omission.
SEC. 36. Prosecution of criminal action.—An act of violence

covered by R.A. No. 9262 constituting a criminal offense shall
subject the offender to criminal proceedings, which shall be
governed by the Revised Rules of Criminal Procedure.
Where the judgment of conviction declares that the guilt of the

accused has been proved beyond reasonable doubt, the permanent
protection order shall issue as a matter of course.
Where the judgment of acquittal declares that the quantum of

evidence is not enough to sustain a conviction beyond reasonable
doubt, the court shall determine whether or not to issue a
permanent protection order.
Where the judgment of acquittal expressly declares that the basis

of the offender's criminal liability did not exist, a permanent
protection order shall not issue. A temporary protection order that
may have been earlier issued shall be dissolved.
SEC. 37. Bond to keep the peace.—The court may also order any
person, against whom a permanent protection order is issued, to
give a bond to keep the peace. It shall be the duty of said person to
present two sufficient sureties who shall undertake that such

person will not commit the violence sought to be prevented, and
that in case such violence is committed they will pay the amount
determined by the court in its judgment. The court in its discretion
shall fix the duration of the bond.
Part III
COMMON PROVISIONS
SEC. 38. Reproduction of evidence.—An order granting the

issuance of a permanent protection order is without prejudice to a
trial on the merits of the criminal or civil action involving violence
against women and their children. The evidence adduced during
the hearing for the issuance of a permanent protection order may,
upon motion, be reproduced in the criminal or civil action without
prejudice to the cross-examination of witnesses and presentation
of additional evidence.
SEC. 39. Jurisdiction and venue for criminal actions or civil

actions.—The Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their
children regardless of the amount of damages claimed. The action
may also be filed with the appropriate regional trial courts in
places where there are no Family Courts, at the option of the
offended party.
SEC. 40. Privacy and confidentiality of proceedings.—All hearings

of cases of violence against women and their children shall be
conducted in a manner consistent with the dignity of women and
their children and respect for their privacy.
Records of the cases shall be treated with utmost confidentiality.

Whoever publishes or causes to be published, in any format, the
name, address, telephone number, school, business address,
employer or other identifying information of the parties or an
immediate family or household member, without their consent or
without authority of the court, shall be liable for contempt of court
and shall suffer the penalty of one year imprisonment and a fine of
not more than Five Hundred Thousand (Php500,000.00) Pesos.

Part IV
BARANGAY PROTECTION ORDER
SEC. 41. Venue.—Applications for barangay protection orders shall

observe the following rules on venue:
(a) where the parties reside, in the same barangay, the dispute
shall be brought for settlement in said barangay;
(b) where the parties reside in different barangays in the same

city or municipality, the dispute shall be settled in the barangay
where the respondent or any one of the respondents actually
resides, at the choice of the complainant;
(c) disputes arising at the workplace where the contending

parties are employed or at the institution where such parties are
enrolled for study, shall be brought in the barangay where such
workplace or institution is located; and
(d) any objection relating to venue shall be raised before the

Punong Barangay during the proceedings before him. Failure to do
so shall be deemed a waiver of such objections.
SEC. 42. Where to file complaint for violation of a barangay

protection order.—A complaint for violation of a barangay
protection order may be filed with any metropolitan trial court,
municipal trial court in cities, municipal trial court or municipal
circuit trial court that has territorial jurisdiction over the barangay
which issued the said protection order.
SEC. 43. Procedure.-—
(a) The complaint shall be accompanied by affidavits and other

evidence proving the alleged violation;
(b) Upon receipt of the complaint, the court shall issue an order
requiring the accused to submit within five days his counter-
affidavit, the affidavits of his witnesses and other evidence in his
behalf;

(c) If the court, upon a consideration of the complaint, the
counter-affidavits of the accused and other evidence submitted by
the parties, finds no cause or ground to hold the accused for trial,
it shall order the dismissal of the case; otherwise, it shall set the
case for arraignment and trial;
(d) Violation of a barangay protection order shall be punishable

by imprisonment of thirty days without prejudice to any other
criminal or civil action that the offended party may file for any of
the acts committed; and
(e) A judgment of violation of a barangay protection order may

be appealed to the regional trial court whose decision shall be
final. An appeal from a judgment of violation of a barangay
protection order shall not stay the enforcement of a protection
order that might have been issued by the trial court during the
trial.
SEC. 44. Issuance of protection order when warranted; contempt

of court for violation—During trial or upon judgment, the trial
court may motu proprio issue a protection order when warranted.
Violation of any protection order issued under this Section shall
constitute contempt of court punishable under Rule 71 of the
Rules of Court, without prejudice to any other criminal or civil
action that the offended party may file for any of the acts
committed.
SEC. 45. Effectivity.—This Rule shall take effect on the 15th day of
November 2004 following its publication in a newspaper of
general circulation not later than 30 October 2004.

REVISED RULE ON CHILDREN IN CONFLICT WITH THE
LAW
A.M. NO. 02-1-18-SC
Section 1. Applicability of the Rule. – This Rule shall apply to all

criminal cases involving children in conflict with the law.
A child in conflict with the law is a person who at the time of the
commission of the offense is below eighteen years old but not less than
fifteen (15) years and one (1) day old.
This Rule shall not apply to a person who at the time of the initial
contact as defined in Sec. 4(q) of this Rule shall have reached the age of
eighteen (18) in which case, the regular rules on criminal procedure
shall apply without prejudice to the rights granted under Secs. 53, 54,
55 and 56 of this Rule.
Section 2. Objective. – The objective of this Rule is to ensure that the

justice system treats every child in conflict with the law in a manner
that recognizes and upholds human dignity and worth, and instills in
the child respect for the fundamental rights and freedom of others. The
Rule considers the developmental age of the child and the desirability of
the child's reintegration in and assumption of a constructive role in
society in accordance with the principles of balanced and restorative
justice.
To attain this objective, the Rule seeks:
(a) To provide child-appropriate proceedings, including programs

and services for crime prevention, diversion, rehabilitation, re-
integration and aftercare to ensure the normal growth and
development of the child in conflict with the law;
(b) To provide procedural rules dealing with children in conflict

with the law that take into account their distinct circumstances,
assure all parties of a fair hearing with each party's constitutional
and statutory rights recognized and respected, and ensure that
appropriate disposition measures are implemented by law
enforcers, social services and the courts;
(c) To divert from the formal justice system children in conflict with
the law who can be cared for or placed under community
continuum alternative programs of treatment, training and
rehabilitation in conformity with the principles of balanced and
restorative justice;

(d) To deal with the child in a family environment whenever
possible, and to separate the child from the parents only when
necessary for the child's welfare or in the interest of public safety;
(e) To remove from children in conflict with the law the stigma of
criminality and criminal behavior;
(f) To promote, facilitate and implement in administrative and

judicial proceedings respect for the views of the child;
(g) To provide for the care, protection and wholesome moral,

mental, and physical development of children in conflict with the
law; and
(h) To promote and protect the rights and interest of children as

zones of peace in situations of armed conflict, but who are alleged
to be in conflict with the law. (a)
Section 3. Interpretation. – This Rule shall be interpreted liberally to

promote the best interest of the child in conformity with Philippine
laws, the United Nations' Convention on the Rights of the Child and
relevant international treaties and protocols.
Section 4. Definitions. – As used in this Rule,
(a) Age of criminal responsibility is the age when a child, fifteen

(15) years and one (1) day old or above but below eighteen (18)
years of age, commits an offense with discernment.
(b) Bail refers to the security given for the release of the child in
custody of the law, furnished by the child, the child's parent,
guardian, or a bondsman, to guarantee the child's appearance
before any court. Bail may be posted in a form such as corporate
security, property bond or cash deposit.
(c) Balanced and Restorative Justice is a principle in juvenile

justice that requires a process of resolving conflicts with the
participation of the victim, the child in conflict with the law, and
the community. It seeks to obtain reparation for the victim;
reconciliation of the victim, the child in conflict with the law, and
the community, and the reassurance that the child in conflict with
the law can be reintegrated into society. It also enhances public
safety by involving the victim, the child in conflict with the law,
and the community in prevention strategies. (a)

(d) Best interest of the child refers to the totality of the
circumstances and conditions that are most congenial to the
survival, protection and feelings of security of the child and most
encouraging to the child's physical, psychological and emotional
development. It also means the least detrimental available
alternative for safeguarding the growth and development of the
child.
(e) Case study report is a written report on the social case inquiry
conducted by the social worker of the local government unit or
the Department of Social Welfare and Development or by the
social worker designated by the court on the social, cultural,
economic and legal status or condition of the child in conflict with
the law. It shall include, among other matters, the child's
developmental age; educational attainment; family and social
relationships; the quality of the child's peer group; the strengths
and weaknesses of the family; parental control; the child's
attitude towards the offense; the harm or damage done to others
resulting from the offense; record of prior offenses, if any; and the
attitude of the parents towards the child's responsibility for the
offense. The social worker shall also include an initial
determination of the child's discernment in the commission of the
offense. (a)
(f) Community continuum refers to the after-care of a child in

conflict with the law and is a community-based group therapy
process that provides continuous guidance and support to the
child in conflict with the law upon release from rehabilitation and
subsequent reintegration into society. Community continuum for
the child includes timely release, suitable residence, food,
clothing, available employment and sufficient means to facilitate
successful reintegration in society which shall be provided by the
concerned local government unit and other appropriate agencies.
(n)
(g) Corporal punishment is any kind of physical punishment

inflicted on the body as distinguished from pecuniary punishment
or fine.
(h) Court refers to a designated family court or in places where

there are no designated family courts, any regional trial court
hearing family and youth cases. (a)
(i) Deprivation of Liberty refers to any form of detention or

imprisonment, or to the placement of a child in conflict with the
law in a public or private custodial setting, from which the child

in conflict with the law is not permitted to leave at will except by
order of any judicial or administrative authority. (a)
(j) Discernment means the capacity of the child at the time of the
commission of the offense to understand the difference between
right and wrong and the consequences of the wrongful act.
(k) Disposition conference is a meeting held by the court with the

social worker who prepared the case study report, together with
the child in conflict with the law and the parents or guardian ad
litem, and the child's counsel for the purpose of determining the
disposition measures appropriate to the personal and special
circumstances of the child.
(l) Diversion refers to an alternative child-appropriate process of

determining the responsibility and treatment of a child in conflict
with the law on the basis of the child's social, cultural, economic,
psychological or educational background without resorting to
formal court adjudication.
(m) Diversion programs refer to programs the child in conflict

the law is required to undergo in lieu of formal court proceedings.
(n) Expedited Transfer of a Child is a process where a child who

commits an offense is immediately brought by the apprehending
officer or private individual to a social worker for preliminary
determination of discernment. (n)
(o) Guardian Ad Litem is a person appointed by the court to

protect the best interest of the child. (a)
(p) In conflict with the law means taken into custody, detained,
or charged with the commission of an act defined and punished as
a crime or offense under the law, including violations of traffic
laws, rules and regulations, and ordinances of local government
units. (a)
(q) Initial contact refers to the apprehension or taking into

custody of a child in conflict with the law by law enforcement
officers or private citizens. It includes the time the child alleged to
be in conflict with the law receives a subpoena under Section 3(b)
of Rule 112 of the Revised Rules of Criminal Procedure or
summons under Section 6(a) or Section 9(b) of the same Rule in
cases that do not require preliminary investigation, or where
there is no necessity to place the child alleged to be in conflict
with the law under immediate custody. (n)

(r) Intake report is the initial written report containing the
personal and other circumstances of the child in conflict with the
law prepared by the social worker assigned to assist the child
entering the justice system.
(s) Intervention programs refer to a series of individualized

treatment activities or programs designed to address issues that
caused the child to commit an offense. These may include
counseling, skills training, education, and other activities that are
aimed to improve and enhance the child's psychological,
emotional and psycho-social wellbeing. (n)
(t) Law Enforcement Officer refers to the person in authority or

an agent as defined in Article 152 of the Revised Penal Code,
including a barangay tanod. (n)
(u) Non-Serious Offense refers to an offense where the imposable

penalty for the crime committed is not more than six (6) years
imprisonment. (n)
(v) Probation is an alternative disposition, ordered by the court,

under which a child in conflict with the law is released after
conviction and sentence and permitted to remain at home or with
an appropriate custodian, subject to certain terms and conditions
imposed by the court.
(w) Recognizance is an undertaking in lieu of a bond, assumed by

a mother or father, or appropriate guardian or custodian, or in
their absence, the nearest relative, or any responsible member of
the community to assume custody of a child in conflict with the
law and be responsible for the appearance of the child in court
whenever required during the pendency of the case. (a)
(x) Segregation refers to the procedure where, upon initial

contact with a child alleged to have committed an offense, the law
enforcer places the child in a separate and different area from
adult detention prisoners, and ensures that female children are
separated from male children. (n)
(y) Serious offense refers to an offense where the imposable

penalty for the offense committed exceeds six (6) years
imprisonment. (a)

(z) Status offenses refer to offenses that discriminate only against
a child, such as curfew violations, truancy, parental disobedience
and the like. (n)
(aa) Suspended sentence is the holding in abeyance of the service

of the sentence imposed by the court upon a finding of guilt of the
child in conflict with the law, whereby the child undergoes
rehabilitation within a fixed period under such terms and
conditions as may be ordered by the court. (n)
(bb) Victimless Crimes refer to offenses where there are no

private offended parties. (n)
(cc) Youth detention home refers to a 24-hour child-caring

institution managed by accredited local government units and
licensed and/or accredited non-government organizations
providing short-term residential care for children in conflict with
the law and where the child may be physically restricted by order
of any judicial, administrative or other public authority, and from
which the child is not permitted to leave at will, pending court
disposition of the charge or transfer to other agencies or
jurisdiction. (a)
(dd) Youth rehabilitation center refers to a 24-hour residential

care facility managed by the Department of Social Welfare and
Development, local government units, licensed and/or accredited
nongovernment organizations monitored by the Department of
Social Welfare and Development. The Center provides care,
treatment and rehabilitation services for children in conflict with
the law under a structured therapeutic environment through the
guidance of a trained staff, where the physical mobility of the
children may be restricted pending court disposition of their
cases. (a)
Section 5. Determination of Age. – The child in conflict with the law

shall enjoy the presumption of minority and shall enjoy all the rights of
a child in conflict with the law until proven to be eighteen years old or
older at the time of the commission of the offense. The age of the child
shall be determined according to the following rules:
(1) The best evidence to prove the age of a child is an original or

certified true copy of the certificate of live birth;
(2) In the absence of a certificate of live birth, similar authentic

documents such as baptismal certificates and school records or
any pertinent document that shows the date of birth of the child;

(3) In the absence of the documents under paragraphs 1 and 2 of
this section due to loss, destruction or unavailability, the
testimony of the child, the testimony of a member of the family
related to the child by affinity or consanguinity who is qualified to
testify on matters respecting pedigree such as the exact age or
date of birth of the child pursuant to Sec. 40, Rule 130 of the
Rules on Evidence, the testimonies of other persons, the physical
appearance of the child and other relevant evidence, shall suffice.
Section 6. Burden of Proof of Age. – Any person alleging the age of the
child in conflict with the law has the burden of proving the age of such
child.
If the age of the child is contested prior to the filing of the information
in court, a case for determination of age under summary proceeding
may be filed before a court which shall render its decision within 24
hours from receipt of the appropriate pleadings of all the parties. (n)
In all cases involving a child, the court shall make a categorical finding
as to the age of the child.
Section 7. Exemption from Criminal Liability. – A child fifteen years of

age or under at the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be subjected to
an intervention program as provided for in Republic Act No. 9344 when
consented to by the child and the parents. (a) Exemption from criminal
liability does not include exemption from civil liability which shall be
enforced in accordance with the provisions of Article 221 of the Family
Code in relation to Article 101 of the Revised Penal Code and Rule 111 of
the Revised Rules of Criminal Procedure. If the act or omission of the
child involves a quasi-delict, Article 2180 of the Civil Code shall apply.
Section 8. Procedure for Handling Children Exempted from Criminal

Liability. – If it is determined at the initial contact that the child is 15
years of age or below, the procedure provided in Section 20, Republic
Act No. 9344 shall be observed as follows:
(a) The authority who had the initial contact with the child shall
immediately release the child to the custody of the mother or
father, or the appropriate guardian or custodian, or in their
absence, the nearest relative.
(b) The authority shall immediately notify the local social welfare
and development officer of the taking of the child into custody.

(c) The local social welfare and development officer shall, with the
consent of the child and the person having custody over the child,
determine the appropriate intervention programs for the child.
(d) If the child's parents, guardians or nearest relatives cannot be

located, or if they refuse to take custody, the child may be
released to any of the following: a duly registered
nongovernmental or religious organization; a barangay official or
a member of the Barangay Council for the Protection of Children;
a local social welfare and development officer; or, when and
where appropriate, the Department of Social Welfare and
Development.
(e) If the child has been found by the local social welfare and
development office to be abandoned, neglected or abused by the
parents, or if the parents and the child do not consent to or do not
comply with the prevention program, the Department of Social
Welfare and Development or the Local Social Welfare and
Development Office shall file before the court a petition for
involuntary commitment pursuant to Presidential Decree No.
603, otherwise known as “The Child and Youth Welfare Code.”
(a)
Section 9. Procedure for Children Not Exempted from Criminal

Liability. – A child fifteen (15) years and one (1) day old or above but
below eighteen (18) years of age at the time of the commission of the
offense shall, at the sound discretion of the court and subject to its
supervision, be released on recognizance to the care of the willing and
responsible mother or father, or appropriate guardian or custodian, or,
in their absence, the nearest relative. However, if the prosecution
determines that the child acted with discernment, the child shall be
proceeded against in accordance with Secs. 25 to 29 or, in case of
diversion, Secs. 31 to 38 of this Rule.
Section 10. Determination of Discernment. – Discernment is

preliminarily determined by a social worker and finally by the court in
the case of a child charged with a non-serious offense. In all other cases,
discernment is determined by the court.
The determination of discernment shall take into account the ability of a

child to understand the moral and psychological components of
criminal responsibility and the consequences of the wrongful act; and
whether a child can be held responsible for essentially antisocial
behavior.

Section 11. Duties of a Person in Authority Taking a Child into Custody.
–Any person taking into custody a child in conflict with the law shall:
(a) Assign an alias to the child;
(b) Ensure that the blotter details containing the true name of the
child, if any, are modified, to reflect the alias by which the child
shall be known throughout the proceedings;
(c) Explain to the child in simple language and in a dialect that

can be understood the reason for placing the child under custody,
and the offense allegedly committed;
(d) Advise the child of his/her constitutional rights in a language

or dialect understandable to the child;
(e) Present proper identification to the child;
(f) Refrain from using vulgar or profane words and from sexually
harassing or abusing, or making sexual advances on the child;
(g) Avoid displaying or using any firearm, weapon, handcuffs or

other instrument of force or restraint, unless absolutely necessary
and only after all methods of control have been exhausted and
have failed;
(h) Avoid violence or unnecessary force and refrain from

subjecting the child to greater restraint than is necessary for
apprehension and custody;
(i) Ensure that a body search of the child is done only by a law
enforcement officer of the same gender as that of the child;
(j) Ensure expedited transfer of the child by immediately, or not

later than eight (8) hours after apprehension, turning over
custody of the child to the local social welfare and development
office or other accredited non-government organizations;
(k) Notify the child’s parents, guardians or custodians or in their

absence, the child’s nearest relative and the Public Attorney’s
Office of the child’s apprehension;
(l) Ensure that the child is not locked up in a jail or detention cell
during the investigation;

(m) Bring the child immediately to an available government
medical or health officer for a thorough physical and mental
examination;
(n) Ensure that should detention of the child in conflict with the
law be necessary, the segregation of the child be secured in
quarters separate from that of the opposite sex and adult
offenders, except where a child is taken into custody for reasons
related to armed conflict, either as combatant, courier, guide or
spy, and families are accommodated as family units in which case,
the child shall not be separated from the family;
(o) Record all the procedures undertaken in the initial

investigation including the following: whether handcuffs or other
instruments of restraint were used, and if so, the reason for such
use; that the parents or guardian of the child, the Department of
Social Welfare and Development, and the Public Attorney's Office
were informed of the taking into custody of the child and the
details thereof; the measures that were undertaken to determine
the age of the child, and the precise details of the physical and
medical examination or in case of failure to submit a child to such
examination, the reason therefor; and
(p) Ensure that all statements signed by the child during the
investigation are witnessed and signed by the child’s parents or
guardian, social worker or legal counsel in attendance. (n)
Section 12. Rights of a Child Under Custody. – At the custodial

investigation, a child who has been taken into custody shall have the
following rights:
(a) At the police station, to be immediately assisted by a lawyer

and a social worker who shall make sure that the child is
effectively informed of his/her rights, as far as the child's
maturity and discernment allow;
(b) To demand that the questioning or interrogation take place in

conditions that respect the rights of the child and are compliant
with child-sensitive procedural rules;
(c) To have the child’s family located and notified with dispatch;
(d) To be informed, together with the parents, guardians or

custodians or nearest relatives, by the social welfare and
development officer of the local government unit or of the
Department of Social Welfare and Development of the

consequences of the offense alleged to have been committed with
a view towards counseling and rehabilitation, diversion from
criminal justice system and reparation if appropriate;
(e) To have the results of the child’s medical and dental

examination kept confidential unless otherwise ordered by the
court.
Whenever medical treatment for any physical or mental defect is

necessary, to demand that steps must be immediately taken by
the medical officer to provide the child with the necessary and
proper treatment;
(f) To have the right of privacy respected and protected at all

times, including the utilization of all measures necessary to
promote this right, including the exclusion of the media; and
(g) While under investigation, not to be fingerprinted or

photographed in a humiliating and degrading manner.
Section 13. Taking Custody of a Child Without a Warrant. – The law

enforcement officer or a private person taking into custody a child in
conflict with the law without a warrant shall observe the provisions in
Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal
Procedure and shall forthwith deliver the child to the nearest police
station. The child shall be proceeded against in accordance with Section
7 of Rule 112 of the Rules of Criminal Procedure.
Section 14. Conduct of Initial Investigation by the Police. – The police

officer conducting the initial investigation of a child in conflict with the
law shall do so in the presence of either or both of the parents, guardian
or custodian, or in their absence, the nearest relative of the child, the
child’s counsel of choice, or a lawyer from the Public Attorney's Office,
and the local social welfare officer. A representative of a non-
government organization, religious group, or member of the Barangay
Council for the Protection of Children shall be allowed to be present at
the investigation in the absence of the parents, guardian, relative, or
social welfare officer. (a)
Section 15. Guidelines for Fingerprinting and Photographing of the

Child. – The following guidelines shall be observed when fingerprinting
or photographing the child:
(a) The child’s fingerprint and photograph files shall be kept

separate from those of adults and shall be kept confidential. They
may be inspected by law enforcement officers only when

necessary for the effective discharge of their duties and upon
prior authority of the court; and
(b) The fingerprints and photograph shall be removed from the

files and destroyed: (1) if the case against the child is not filed, or
is dismissed; or (2) when the child reaches twenty-one (21) years
of age and there is no record that the child committed an offense
after reaching eighteen (18) years of age.
Section 16. Intake Report by the Social Welfare Officer. – Upon the
taking into custody of a child in conflict with the law, the social welfare
officer assigned to the child shall immediately undertake a preliminary
background investigation of the child and, should a case be filed in
court, submit to the court the corresponding intake report prior to the
arraignment.
Section 17. Filing of Criminal Action. – A criminal action may be

instituted against a child in conflict with the law by filing a complaint
with the prosecutor.
All criminal actions commenced by complaint or information shall be

prosecuted under the direction and control of the public prosecutor
assigned to the court.
Petitions for confinement of a child drug dependent shall be filed under

Section 21 of the Rule on Children Charged under Republic Act No.
9165. (n)
Section 18. Prosecution of Civil Action. – When a criminal action is

instituted against a child in conflict with the law, the action for recovery
of civil liability arising from the offense charged shall be governed by
Rule 111 of the Revised Rules of Criminal Procedure.
Section 19. Preliminary Investigation. – As far as consistent with this

Rule, the preliminary investigation of a child in conflict with the law
shall be governed by Section 3 of Rule 112 of the Revised Rules of
Criminal Procedure. A specially trained prosecutor shall be assigned to
conduct the inquest, preliminary investigation and prosecution of the
case involving a child in conflict with the law. The child, on the other
hand, shall be assisted by a private lawyer or if none, a lawyer from the
Public Attorney's Office. If there is an allegation or evidence of torture
or ill-treatment of a child in conflict with the law during custody or
detention, it shall be the duty of the prosecutor to investigate the same.
(n)

Section 20. Conduct of Preliminary Investigation. – Preliminary
investigation shall be conducted in the following instances: (a) when the
child in conflict with the law does not qualify for diversion; (b) when the
child, the parents or guardian do not agree to diversion as provided in
Sections 27 and 28 of Republic Act No. 9344; or (c) when, after
considering the assessment and recommendation of the social worker,
the prosecutor determines that diversion is not appropriate for the child
in conflict with the law. (n)
At the preliminary investigation, should there arise a need for

clarificatory questions to be propounded on the child, the Rule on
Examination of a Child Witness shall apply.
Section 21. Filing of Information. – If the investigating prosecutor finds

probable cause to hold the child in conflict with the law for trial, there
being discernment, the corresponding Resolution and Information shall
be prepared for the approval by the provincial or city prosecutor, as the
case may be. The child and the mother or father, or appropriate
guardian or custodian, or in the absence thereof, the nearest relative,
and the child's private counsel or lawyer from the Public Attorney’s
Office shall be furnished forthwith a copy of the approved resolution
and the Information.
The Information shall be filed with the court within forty-five (45) days
from the start of the preliminary investigation. (n)
No Information shall be filed against a child for the commission of the

following:
a) status offenses;
(b) vagrancy and prostitution under Section 202 of the Revised

Penal Code;
(c) mendicancy under Presidential Decree No. 1563; and
(d) sniffing of rugby under Presidential Decree No. 1619. Children

taken into custody for the foregoing shall, with their consent and
that of their parents, guardian or custodian, instead undergo
appropriate counseling and treatment program. (n)
Section 22. Duties of the Clerk of Court Upon Receipt of Information. –

The Clerk of Court, upon receipt of the Information, shall:
(1) Maintain a separate case docket or logbook for cases involving

children in conflict with the law. Whenever possible, the Clerk of

Court shall use color coding or other method to easily distinguish
the records of children in conflict with the law from the other case
records;
(2) Determine whether the offense charged qualifies for diversion,

that is, it is punishable by imprisonment of not more than twelve
(12) years, regardless of fine, or fine alone regardless of the
amount;
(3) If the crime charged is punishable by such imprisonment,

immediately assign a temporary case number in accordance with
Sec. 23 of this Rule and raffle off the case to a court so that its
Diversion Committee can immediately undertake the appropriate
action under Section 33 of this Rule; and
(4) If the crime charged does not qualify for diversion because it is
punishable by imprisonment of more than twelve (12) years, the
case shall be assigned a regular criminal case docket number and
raffled off to a court for formal proceedings. (n)
Section 23. Docketing of the Case. – A case that qualifies for diversion
under paragraph 3 of the preceding Section shall not be docketed as a
regular criminal case but instead shall be assigned a temporary case
number as follows: CICL-(no.)___- (year)___-D (which means
diversion), before the same is raffled off to the appropriate court.
Section 24. Venue. – Subject to the provisions of Section 15, Rule 110 of
the Revised Rules of Criminal Procedure, any criminal or civil action
involving a child in conflict with the law shall be instituted and tried in
the appropriate court nearest the place where the offense was
committed or where any of its essential elements occurred.
Section 25. Release of Children on Recognizance to the Parents,

Guardian, Custodian or Nearest Relative. – The release of a child from
custody during the pendency of the case involving a non-serious offense
as defined in Sec. 4 (u) of this Rule may be ordered by the court only
after a hearing for that purpose, and upon favorable recommendation of
the social worker assigned to the child, with the conformity of the public
prosecutor and the private complainant. The child shall be released to
the custody of a willing and responsible mother or father, or
appropriate guardian or custodian or in their absence, the nearest
relative, who shall be responsible for the child's good behavior and
appearance in court whenever required.
No child shall be ordered detained in jail pending trial or hearing of the

child's case, subject to the provisions of this Rule. (n)

Section 26. Commitment and Transfer to a Youth Rehabilitation
Center. – A child charged with a non-serious offense as defined in
Section 4 (u) of this Rule, unless released on bail or recognizance, may
be transferred to a youth detention home or rehabilitation center or
other appropriate facility such as the Department of Social Welfare and
Development which shall ensure the appearance of the child in court.
In the absence of a youth detention home established by the local

government pursuant to Section 8 of the Family Courts Act, in the city
or municipality where the child resides or, a local rehabilitation center
recognized by the government in the province, city or municipality
within the jurisdiction of the court, or the Department of Social Welfare
and Development or other appropriate local rehabilitation center, the
youth shall be placed under the care of a provincial, city or municipal
jail which shall ensure the appearance of the child in court when so
required. (a)
Section 27. Bail as a Matter of Right. – All children in conflict with the
law shall be admitted to bail as a matter of right before final conviction
of an offense not punishable by reclusion perpetua or life
imprisonment.
Section 28. When Bail Not a Matter of Right. – No child charged with
an offense punishable by reclusion perpetua or life imprisonment shall
be admitted to bail when evidence of guilt is strong. In this case, the
court shall commit the child to a youth detention home or youth
rehabilitation center, or in the absence thereof, to the care of a
provincial, city or municipal jail as provided for in Section 27 of this
Rule, which shall be responsible for the appearance of the child in court
whenever required.
Section 29. Care of Child in Youth Detention Homes or Rehabilitation

Centers. – The child in conflict with the law who has been transferred to
a youth rehabilitation center or youth detention home shall be provided
with a healthy environment. If the child is placed under the care of the
provincial, city or municipal jail, the child shall be provided with
adequate quarters separate from adults and prisoners of the opposite
sex depending on the age, sex, sexual lifestyle, and such other
circumstances and needs of the child.
Section 30. Case Study Report. – After the institution of the criminal
action, the social worker assigned to the child shall immediately
undertake a social case inquiry of the child and the child's family, the
child's environment and such other matters relevant to aid the court in
the proper disposition of the case. The report shall be submitted to the

court preferably before arraignment. If not available at that time, the
Report must be submitted to the court as soon as possible.
Section 31. Diversion Committee. – In each court, there shall be

organized a Diversion Committee composed of its Branch Clerk of Court
as chairperson; the prosecutor, a lawyer of the Public Attorney's Office
assigned to the court, and the social worker assigned by the court to the
child, as members
Section 32. Proceedings Before Arraignment. – The Diversion

Committee shall determine if the child can be diverted and referred to
alternative measures or services. Subject to pertinent provisions of this
Rule and pending determination of diversion by the Committee, the
court shall release the child on recognizance to the parents, guardian or
custodian, or nearest relative; or if this is not advisable, commit the
child to an appropriate youth detention home or youth rehabilitation
center which shall be responsible for the presence of the child during
the diversion proceedings.
If the Diversion Committee determines that diversion is not proper, or

when the child or the private complainant objects to the diversion, or
when there is failure of the diversion program if
undertaken by the child, it shall submit a report to the court
recommending that the case be subjected to formal criminal
proceedings. The court in turn shall direct the transmittal of the records
of the case to the Office of the Clerk of Court for the assignment of a
regular criminal docket number to the case as follows:
CICL Crim. Case No.___-____(year). The Office of the Clerk of Court

shall thereafter return the case to the court for arraignment and formal
proceedings.
Section 33. Proceedings Before the Diversion Committee. – Upon

receipt by the Committee of a case for diversion from the Office of the
Clerk of Court, the chairperson shall call for a conference with notice to
the child, the mother or father, or appropriate guardian or custodian, or
in their absence, the nearest relative, the child’s counsel, and the private
complainant and counsel, to determine if the child can be diverted to
the community continuum instead of formal court proceedings.
In determining whether diversion is appropriate for the child, the

Committee shall consider the following factors:
(a) The past records, if any, involving the child in conflict with the
law;

(b) The likelihood that the child will be an obvious threat to
himself/herself and the community;
(c) Whether the child has feelings of remorse for the offense
committed;
(d) If the child or the parents are indifferent or hostile; and

whether the parents or guardians have the ability to properly guide
and supervise the child;
(e) The nature of the child’s relationships with peers and whether
this will increase the possibility of delinquent behavior; and
(f) If community-based programs for the rehabilitation and

reintegration of the child are available.
If the Committee finds that diversion is appropriate, it shall design a

diversion program in accordance with Section 34 of this Rule for the
consideration and approval of the court.
Should the Committee determine that diversion is not appropriate, it

shall make the corresponding report and recommendation in
accordance with Section 31 of this Rule.
The Committee cannot recommend diversion in case the child or the

private complainant objects.
Section 34. Diversion Programs. – The Committee shall design a

diversion program taking into consideration the individual
characteristics and peculiar circumstances of the child in conflict with
the law. The program shall be for a specific and definite period and may
include any or a combination of the following:
(a) Written or oral reprimand or citation;

(b) Written or oral apology;
(c) Payment of the damage caused;
(d) Payment of fine;
(e) Payment of the cost of the proceedings;
(f) Return of the property;
(g) Guidance and supervision orders;
(h) Counseling for the child and his family;
(i) Training, seminars and lectures on
(i) anger management skills;

(ii) problem-solving and/or conflict resolution skills;
(iii) values formation; and

(iv) other skills that will aid the child to properly deal
with situations that can lead to a repetition of the
offense;
(j) Participation in available community-based programs;

(k) Work-detail program in the community; or
(l) Institutional care and custody.
The Committee shall also include in the program a plan that will secure
satisfaction of the civil liability of the child in accordance with Sec. 2180
of the Civil Code. Inability to satisfy the civil liability shall not by itself
be a ground to discontinue the diversion program of the child. On the
other hand, consent to diversion by the child or payment of civil
indemnity shall not in any way be construed as admission of guilt and
used as evidence against the child in the event that the case is later on
returned to the court for arraignment and conduct of formal
proceedings.
Section 35. Hearing of Diversion Program. – The court shall set the
Committee's diversion report and recommendation for hearing with
notice to all parties, their counsel and members of the Committee
within ten (10) days from receipt of such report.
The court shall act on the recommendation within five (5) days from the
termination of the hearing.
Section 36. Undertaking. – In all cases where a child in conflict with the
law is granted diversion by the court, the child, together with the
mother or father, or appropriate guardian or custodian, or in their
absence, the nearest relative, and the child’s counsel shall sign an
undertaking to comply with their respective duties and obligations
under the terms and conditions of the diversion program. The program,
which shall contain the express agreement by complainant assisted by
counsel to the diversion of the child, shall be approved by and enforced
under the supervision and control of the court. It shall contain the
following minimum principal terms and conditions:
(a) The child shall appear before the social worker assigned to the
child by the Court that approved the diversion program at least
once a month for evaluation of its effectiveness.
(b) The child shall faithfully comply with the terms and
conditions of the program. Should the child fail to do so, the
Committee shall report such failure to the court which shall set a
show-cause hearing with notice to the child and private
complainant.

The court shall thereafter determine whether to allow the child to
continue with the diversion program, or to end the same and
direct that the case now undergo a formal proceeding.
(c) Should the child be permitted by the court to reside in a place

under the jurisdiction of another court, control and supervision
over such child shall be transferred to the appropriate court of
that place. The diversion records of the case such as the minutes
of the diversion proceedings, copy of the undertaking, the intake
and case study reports and all other pertinent documents shall be
transmitted to the court to which jurisdiction over the diverted
child has been transferred.
Section 37. Report of Social Worker. – The court social worker shall
conduct regular monthly visits to the child undergoing diversion
proceedings and shall submit the corresponding reports about the
status of the diverted child to the Committee. At any time before or at
the end of the diversion period, the Committee shall file with the court a
report recommending termination or extension of diversion, as the case
may be. The report and recommendation shall be heard by the court
within fifteen (15) days from receipt, with notice to the members of the
Committee, the child, the mother or father, or the appropriate guardian
or custodian, or in the absence thereof, the nearest relative, the child’s
counsel, and the complainant and counsel.
The court shall thereafter determine whether the diversion program has
been fully and satisfactorily complied with.
Section 38. Closure Order. – On the basis of the report and

recommendation of the Committee, the court may:
(a) Issue a closure order terminating the case if it is convinced that

the child has complied satisfactorily with the diversion program;
or
(b) Extend the period of diversion if it is convinced that the child

may still be rehabilitated; or
(c) Order the case to undergo formal court proceedings if it finds

that the child has not complied with the diversion program, is
incorrigible, or that the program is not serving its purpose.
In case of a judicially-approved transfer of residence of the child in

conflict with the law, the court to which supervision of the diversion
program was transferred shall make the proper finding. If it finds that

diversion has been successful, it shall order the closure of the case.
However, if it determines that diversion has failed, it shall return the
case to the original court for formal criminal proceedings.
Section 39. Rights of the Child in Conflict with the Law. – In all
criminal proceedings, the child in conflict with the law shall have the
following rights which shall be respected and protected by the court:
(a) To be presumed innocent until guilt is proved beyond

reasonable doubt;
(b) To be informed promptly and directly of the nature and cause

of the charge and if appropriate, through the child’s mother,
father, legal guardian, or appropriate custodian;
(c) To be present at every stage of the proceedings, from

arraignment to promulgation of judgment. The child may,
however, waive presence at the trial pursuant to the stipulations
set forth in the bail bond, unless presence at the trial is specifically
ordered by the court for purposes of identification. The absence of
the child without justifiable cause at the trial of which there was
due notice shall be considered a waiver of the right of the child to
be present. Escape by the child under custody shall be deemed a
waiver of the right to be present in all subsequent hearings until
custody over such child is regained;
(d) To have legal and other appropriate assistance in the

preparation and presentation of the child's defense; in case of a
child arrested for reasons related to armed conflict, to have
immediate free legal assistance;
(e) If detained, to be released
(i) on recognizance to the willing and responsible mother or

father or appropriate guardian or custodian, or in the
absence thereof, the nearest relative;
(ii) on bail; or
(iii) by commitment to a youth detention home or youth
rehabilitation center;
(f) Not to be detained in a jail or transferred to an adult facility

pending trial or hearing of the case, unless detention is used as a
last resort which must be done for the shortest time possible, and
only upon order by the court;

(g) In case the child has been arrested for reasons related to
armed conflict, either as combatant, courier, guide or spy:
(i) To be segregated and have separate detention

quarters from adults except where families are
accommodated as family units;
(ii) To immediate free legal assistance in the absence of
private counsel;
(iii) To immediate notice of such arrest to the parents,

guardians or custodians or nearest relatives of the
child; and,
(iv) To be released on recognizance within twenty-four

(24) hours to the custody of the Department of Social
Welfare and Development or any responsible
member of the community as determined by the
court.
(h) To testify as a witness in his/her own behalf; and subject to

cross-examination only on matters covered by direct examination.
The child shall not be compelled to be a witness against
himself/herself and the child’s silence shall not in any manner
prejudice him/her;
(i) To confront and cross-examine the witnesses against him/her;
(j) To have compulsory process issued to secure the attendance of

witnesses and production of other evidence in the child’s behalf;
(k) To have speedy and impartial trial, with legal or other

appropriate assistance and preferably in the presence of the child’s
parents or legal guardian or custodian, unless such presence is
considered not to be in the best interest of the child taking into
account the latter’s age or other peculiar circumstances;
(l) To be accorded all the rights under the Rule on Examination of

a Child Witness;
(m) To have the child’s privacy fully protected in all stages of the
proceedings; and
(n) To appeal in all cases allowed and in the manner prescribed by

law.

Section 40. Rights of Victims of Offenses Committed by Children in
Conflict with the Law. – In any case involving a child in conflict with
the law, the victim has the following rights:
(1) To be reasonably protected from the child in conflict with the

law;
(2) To timely notice of any public proceeding, or any parole

proceeding involving the crime or of any release or escape of the
child in conflict with the law;
(3) Not to be excluded from any public proceeding, unless the

court, after receiving clear and convincing evidence, determines
that the testimony by the victim would be materially altered if the
victim heard other testimony in that proceeding;
(4) To be reasonably heard at any administrative or public

proceeding involving diversion, release, plea, suspension of
sentence and determination of disposition measures, or any
parole proceeding;
(5) To confer with the prosecutor in the case;
(6) To avail of legal assistance from the Public Attorney's Office,

Integrated Bar of the Philippines. any other legal aid office or any
law practitioner;
(7) To be informed of the availability of compensation from the

Department of Justice Board of Claims in accordance with the
provisions of Rep. Act No. 7309 (1992);
(8) To be entitled to support services from the Department of

Social Welfare and Development and local government units;
(9) To be entitled to all legal remedies and support as provided

for under the Family Code;
(10) To be informed of the rights and the services available to

victims of offenses including the right to apply for a protection
order;
(11) To full and timely restitution as provided in law;
(12) To proceedings that are free from unreasonable delay; and

(13) To be treated with fairness and with respect for the victim’s
dignity and privacy.
Section 41. Responsibilities of the Court. – For the protection of the

rights of the child in conflict with the law, the court shall have the
following responsibilities:
(1) To monitor the status of a child whose case is pending in its

court placed in a youth detention center or other institution during
the pendency of the child's case;
(2) To receive and investigate complaints concerning violations of

the rights of the child whose case is pending in its court;
(3) To require all professionals working for the welfare of the child,
such as barangay captains, teachers, social workers, medical
professionals, and law enforcers, to render regular monthly reports
to the court;
(4) To order access to adequate services for rehabilitation,

counseling and other forms of reintegration for the child:
(5) To ensure that the child who is capable of forming his or her
own views has the right to express those views freely in all matters
affecting the child, and that such views be accorded due weight in
accordance with the developmental age and maturity of the child;
(6) To ensure that the child, either directly or through a

representative, is provided the opportunity to be heard in all
proceedings affecting such child;
(7) To ensure communication at all times between the judge and

the child;
(8) To ensure that the child sits with close family members of the
child’s choice during the court proceedings;
(9) To ensure that the child can communicate freely with counsel
at all times;
(10) To ensure that the child is informed in age-appropriate

language of all stages of the judicial proceeding affecting such
child;
(11) To ensure that a child placed in a Youth Detention Home or

Youth Rehabilitation Center or in any child facility be given

appropriate medical examination in order to determine and put on
record any evidence of ill-treatment; to identify any physical or
mental condition requiring medical attention; and thereafter make
sure that child is provided adequate treatment and medical
attention;
(12) To ensure that the child is informed as soon as possible of the

death, serious illness or injury of any immediate family member
and be allowed to visit the ill family member or attend the funeral,
when appropriate and advisable;
(13) To ensure that if a child dies during the pendency of the case
or within six (6) months of release, an independent inquiry is
conducted on the circumstances of the death and a report thereof,
including the child's death certificate, be made available to the
child’s mother or father, guardian, custodian or nearest relative;
(14) When appropriate and advisable, to allow the child to

temporarily leave the detention home or rehabilitation center by
means of an “out-on-pass” order to attend special family occasions
such as Christmas and New Year celebrations. The “out-on-pass”
order shall contain reasonable restrictions to ensure safety,
security and timely return to detention as may be determined by
the court;
(15) To allow at all times, and from the moment of initial contact,
any member of the family or the guardian of the child to visit with
the child, unless prejudicial to the latter's best interests;
(16) To allow the appointment of a Guardian Ad Litem if available

and advisable, to enable the child to raise concerns and complaints
without fear of retribution; and
(17) To undertake all other appropriate measures to ensure the

promotion of the best interest of the child and the child's eventual
reintegration in society.
Section 42. Determination of the Best Interests of the Child. – The

following factors may be considered in determining the best interests of
a child in conflict with the law: the child's age and sex, the child's
mental and physical health, the mental and physical health of the
parents, their lifestyle and other social factors; the emotional ties
between the parents and the child, the ability of the parents to provide
the child with food, shelter, clothing and medical care; the established
living pattern for the child concerning school, home, community and
religious institution, quality of schooling, the existence of other relatives

who may be in a better position to be with the child and the child's
relationship with these relatives; the child's background, maturity and
level of understanding, sexual orientation, lifestyle and any other
characteristics and needs of the child that the court may deem relevant.
Section 43. Arraignment and Plea. – The provisions of Rules 116 and
117 of the Revised Rules of Criminal Procedure shall apply to the
arraignment of the child in conflict with the law. The arraignment shall
be scheduled within three (3) days from the date of receipt of the
complaint or information by the court, unless a shorter period is
provided for by law.
In case the child is not assisted by a private counsel, the court shall
immediately appoint its Public Attorney as the child’s counsel de oficio.
Arraignment shall be held in chambers and conducted by the judge by

furnishing the child and counsel a copy of the complaint or Information,
reading the same in a language or dialect known to and understood by
the child, explaining the nature and consequences of a plea of guilty or
not guilty and asking the child's plea.
Section 44. Pre-trial. – The provisions of Rule 118 of the Revised Rules
of Criminal Procedure shall govern the pre-trial of the child in conflict
with the law. Agreements or admissions made during the pre-trial
conference shall be in writing and signed by the child, the mother,
father or duly appointed guardian, and counsel; otherwise, the
agreements or admissions shall not be admissible against the child.
Whenever possible and practicable, the court shall explore all

possibilities of settlement of the case, except its criminal aspect. Plea
bargaining shall be resorted to only as a last measure when it shall serve
the best interest of the child and the demands of truth and restorative
justice.
Section 45. Trial. – All hearings shall be conducted in a manner

conducive to the best interest of the child and in an environment that
will allow the child to participate fully and freely in accordance with the
Rule on Examination of a Child Witness.
Section 46. Guiding Principles in Judging the Child. – Subject to the

provisions of the Revised Penal Code, as amended, and other special
laws, the judgment against a child in conflict with the law shall be
guided by the following principles:
(1) The judgment shall be in proportion to the gravity of the

offense, and shall consider the circumstances and the best

interest of the child, the rights of the victim, and the needs of
society in line with the demands of balanced and restorative
justice.
(2) Restrictions on the personal liberty of the child shall be

limited to the minimum. Where discretion is given by law to the
judge to determine whether the penalty to be imposed is fine or
imprisonment, the imposition of the fine should be preferred as
the more appropriate penalty.
(3) No corporal punishment shall be imposed.
(4) In case of the presence of any exculpatory evidence or doubt

in the prosecution’s evidence, the doubt shall be resolved in favor
of the child.
Section 47. Promulgation of Sentence. – If, after trial, the court should
find the child in conflict with the law guilty beyond reasonable doubt of
the offense charged, it shall impose the proper penalty, including any
civil liability which the child may have incurred, and promulgate the
sentence in accordance with Section 6, Rule 120 of the Revised Rules of
Criminal Procedure.
Section 48. Automatic Suspension of Sentence and Disposition Orders.

– If the child is found guilty of the offense charged, the court, instead of
executing the judgment of conviction, shall place the child in conflict
with the law under suspended sentence, without need of application.
Suspension of sentence can be availed of even if the child is already
eighteen years (18) of age or more but not above twenty-one (21) years
old, at the time of the pronouncement of guilt, without prejudice to the
child’s availing of other benefits such as probation, if qualified, or
adjustment of penalty, in the interest of justice.
The benefits of suspended sentence shall not apply to a child in conflict

with the law who has once enjoyed suspension of sentence, but shall
nonetheless apply to one who is convicted of an offense punishable by
reclusion perpetua or life imprisonment pursuant to the provisions of
Rep. Act No. 9346 prohibiting the imposition of the death penalty and
in lieu thereof, reclusion perpetua, and after application of the
privileged mitigating circumstance of minority.
If the child in conflict with the law reaches eighteen (18) years of age
while under suspended sentence, the court shall determine whether to
discharge the child in accordance with the provisions of Republic Act
No. 9344, or to extend the suspended sentence for a maximum period

of up to the time the child reaches twenty-one (21) years of age, or to
order service of sentence.
Section 49. Disposition Conference. – In case of suspended sentence,

the court shall set the case for disposition conference within fifteen (15)
days from the promulgation of sentence with notice to the social worker
of the court, the child and the parents or guardian ad litem of the child
and the child's counsel, the victim and counsel. At the conference, the
court shall proceed to determine and issue any or a combination of the
following disposition measures best suited to the rehabilitation and
welfare of the child:
(1) Care, guidance, and supervision orders;

(2) Community service orders;
(3) Drug and alcohol treatment;
(4) Participation in group counseling and similar activities; and
(5) Commitment to the Youth Rehabilitation Center of the
Department of Social Welfare and Development or other centers
for children in conflict with the law authorized by the Secretary of
the Department of Social Welfare and Development.
Section 50. Compliance with Disposition Measures. – The social

worker assigned to the child shall monitor the compliance by the child
in conflict with the law with the disposition measures and shall submit
regularly to the court a status and progress report on the matter. The
court may set a conference for the evaluation of such report in the
presence, if practicable, of the child, the parents or guardian, counsel
and other persons whose presence may be deemed necessary.
Section 51. Discharge of Child Subject of Disposition Measure. – Upon

the recommendation of the social worker assigned to the child, the
court shall, after due notice to all parties and hearing, dismiss the case
against the child who has been issued disposition measures, even before
reaching eighteen (18) years of age, and order a final discharge if it finds
that the child has been rehabilitated and has shown the capability to be
a useful member of the community.
If the court finds that the child (a) is incorrigible; or (b) has not shown
the capability of becoming a useful member of society; or (c) has
willfully failed to comply with the conditions of the disposition or
rehabilitation program; (d) or the child's continued stay in the training
institution is not in the child’s best interest, the child shall be brought
before the court for execution of the judgment.
The final release of the child shall not extinguish the civil liability. The
parents and other persons exercising parental authority over the child

shall be civilly liable for the injuries and damages caused by the acts or
omissions of the child living in their company and under the parental
authority subject to the appropriate defenses provided by law.
Section 52. Probation as an Alternative to Imprisonment. – The court

may, after it shall have convicted and sentenced a child in conflict with
the law and upon application at any time, place the child on probation if
qualified, in lieu of service of sentence taking into account the best
interest of the child.
Section 53. Credit in Service of Sentence. – The child in conflict with

the law who has undergone preventive imprisonment shall be credited
in the service of the sentence consisting of deprivation of liberty, with
the full time during which the child has undergone preventive
imprisonment, if the child agrees voluntarily in writing to abide by the
same or similar disciplinary rules imposed upon convicted prisoners,
except in any of the following cases:
(1) When the child is a recidivist or has been convicted twice or

more times of any crime; or
(2) When upon being summoned for execution of sentence, the

child failed to surrender voluntarily.
A child who does not agree to the same disciplinary rules imposed upon
convicted prisoners shall be credited in the service of the sentence with
four-fifths of the time during which the child has undergone preventive
imprisonment.
Whenever the child has undergone preventive imprisonment for a

period equal to or more than the possible maximum imprisonment of
the offense charged to which the child may be sentenced and the case is
not yet terminated, the child shall be released immediately without
prejudice to the continuation of any on-going intervention program,
and the trial thereof or the proceeding on appeal, if the same is under
review. In case the maximum penalty to which the child may be
sentenced is destierro, the child shall be released after thirty (30) days
of preventive imprisonment.
Any form of physical restraint imposed on the child in conflict with the
law, including community service and commitment to a rehabilitation
center, shall be considered preventive imprisonment.
Section 54. Confidentiality of Proceedings and Record. – All

proceedings and records involving children in conflict with the law from
initial contact until final disposition of the case by the court shall be

considered privileged and confidential. The public may be excluded
from the proceedings and pursuant to the provisions of Section 31 of the
Rule on Examination of a Child Witness, the records shall not be
disclosed directly or indirectly to anyone by any of the parties or the
participants in the proceedings for any purpose whatsoever, except to
determine if the child may have the sentence suspended under Section
38 of this Rule or if the child may be granted probation under the
Probation Law, or to enforce the civil liability imposed in the criminal
action.
The court shall employ other measures to protect confidentiality of

proceedings including non-disclosure of records to the media, the
maintenance of a separate police blotter for cases involving children in
conflict with the law and the adoption of a system of coding to conceal
material information, which will lead to the child’s identity. The records
of children in conflict with the law shall not be used in subsequent
proceedings or cases involving the same offender as an adult.
Section 55. Non-liability for Perjury or Concealment or

Misrepresentation. – Any person who has been in conflict with the law
as a child shall not be held guilty of perjury or of concealment or
misrepresentation by reason of failure to acknowledge the case or recite
any fact related thereto in response to any inquiry.
Section 56. Sealing of Records. – The court, motu proprio or on

application of a person who has been adjudged a child in conflict with
the law, or if still a minor, on motion of the parents or legal guardian,
shall, upon notice to the prosecution and after hearing, order the
sealing of the records of the case if it finds that two (2) years have
elapsed since the final discharge of the child after suspension of
sentence or probation, or from the date of the closure order and the
child has no pending case of an offense or a crime involving moral
turpitude.
Upon entry of the order, the case shall be treated as if it never occurred.
All index references shall be deleted and in case of inquiry, the court,
prosecution, law enforcement officers and all other offices and agencies
that dealt with the case shall reply that no record exists with respect to
the child concerned. Copies of the order shall be sent to these officials
and agencies named in the order. Inspection of the sealed records
thereafter may be permitted only by order of the court upon petition of
the child who is the subject of the records or of other proper parties.
This procedure shall be without prejudice to the rule on destruction of

video or audio tapes under Section 31 of the Rule on the Examination of
a Child Witness.

Section 57. Prohibition of Labeling. – In the conduct of proceedings
from initial contact with the child in conflict with the law to the final
disposition of the case, there shall be no branding or labeling of the
child as a young criminal, juvenile delinquent, prostitute, vagrant, or
attaching to the child in any manner any derogatory description or
name. Likewise, no discriminatory statements, conduct and practices
shall be allowed, particularly with respect to the child’s social or
economic status, physical or mental disability or ethnic origin.
Section 58. Contempt Powers. – A person who directly or indirectly

disobeys any order of the court or obstructs or interferes with its
proceedings or the enforcement of its orders issued under this Rule
shall be liable for contempt of court.
Section 59. Effectivity. – This Rule as revised shall take effect on

December 1, 2009 after its publication in two (2) newspapers of general
circulation not later than November 27, 2009.

RULE ON CHILDREN CHARGED UNDER REPUBLIC ACT
NO. 9165 OR THE COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002
2007 Sep 11
A.M. No. 07-8-2-SC
SECTION. 1. Applicability.—This Rule, together with the pertinent

provisions of the Rule on Juveniles in Conflict with the Law, the Rule
on the Examination of a Child Witness, and Republic Act No. 9344 or
The Juvenile Justice and Welfare Act of 2006, applies to all cases
involving children charged under Republic Act No. 9165, otherwise
known as the Comprehensive Dangerous Drugs Act of 2002.
The Rules of Court shall apply suppletorily.
SEC. 2. Objectives.—It is the policy of the State to safeguard the

integrity of its territory and the well-being of its citizenry, particularly
children, from the harmful effects of dangerous drugs on their physical
and mental well-being and to defend them against acts or omissions
detrimental to their development and preservation.
Pursuant to this policy and the mandate of Republic Act No. 8369, also
known as The Family Courts Act of 1997, vesting exclusive jurisdiction
in Family Courts to hear and decide cases against minors charged with
drug-related offenses, the objective of this Rule is to ensure that the
rights of children charged with violation of any of the offenses under
The Comprehensive Dangerous Drugs Act of 2002 are well protected,
and that their interests and those of their family and the community
are adequately balanced. Towards this end, the Rule aims to:
(a) provide a rule of procedure in the Family Courts or the Regional

Trial Courts, as the case may be, for children charged with any of the
acts penalized under The Comprehensive Dangerous Drugs Act of
2002, taking into consideration their developmental age and potential
to recover from dependence on drugs and to stop substance abuse, so
that they can live productive, substance-free and crime-free lives;
(b) ensure a more active and continuous judicial supervision and

monitoring of the compliance by and progress of the child and family
members in the treatment programs and rehabilitation services
provided; and
(c) establish greater coordination among the courts, the treatment

community and other community-based support agencies, the faith

community, the school system and the family in responding to the
needs of the child under a holistic intervention and integration policy
focused on changing problem behavior rather than merely punishing
criminal conduct.
SEC. 3. Interpretation.—This Rule shall be construed and interpreted

liberally in favor of the child in conflict with the law, consistent with
the best interest of the child, the declared state policy, the rights of the
child in conflict with the law and the principle of balanced and
restorative justice.
SEC. 4. Definitions.—As used in this Rule:
(a) Act - means Republic Act No. 9165 or The Comprehensive

Dangerous Drugs Act of 2002.
(b) Administer - means any act of introducing any dangerous drug into
the body of any person, with or without his/her knowledge, by
injection, inhalation, ingestion or other means, or of committing any
act of indispensable assistance to a person in administering a
dangerous drug to himself/herself, unless administered by a duly
licensed practitioner for purposes of medication.
(c) Board - refers to the Dangerous Drugs Board under Section 77,
Article IX of Republic Act No. 9165.
(d) Center - means any of the treatment and rehabilitation centers for
drug dependents referred to in Section 75, Article VIII of Republic Act
No. 9165.
(e) Child - refers to any person above 15 years of age but below 18
under Section 6 of Republic Act No. 9344.
(f) Confirmatory Test - means an analytical test using a device, tool or

equipment with a different chemical or physical principle that is more
specific which will validate and confirm the result of the screening test.
(g) Controlled precursors and essential chemicals - include those listed

in Tables I and II of the 1988 UN Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances as enumerated in the
annex attached to Republic Act No. 9165.
(h) Dangerous drugs - refer to those listed in the Schedules annexed to

the 1961 United Nations Single Convention on Narcotic Drugs, as
amended by the 1972 Protocol, and in the Schedules annexed to the

1971 United Nations Single Convention on Psychotropic Substances,
attached as annexes to and made an integral part of Republic Act No.
9165.
(i) Deliver - refers to any act of knowingly passing a dangerous drug or

controlled precursor and essential chemical to another, personally or
otherwise, and by any means, with or without consideration.
(j) Dispense - means any act of giving away, selling or distributing

medicine or any dangerous drug with or without the use of
prescription.
(k) Drug Dependence - as based on the Word Health Organization

definition means a cluster of physiological, behavioral and cognitive
phenomena of variable intensity, in which the use of a psychoactive
drug takes on a high priority, thereby involving, among others, a
strong desire or a sense of compulsion to take the substance; and the
difficulties in controlling substance-taking behavior in terms of its
onset, termination, or level of use.
(l) Drug Syndicate - means any organized group of two or more

persons forming or joining together, with the intention of committing
any offense prescribed under Republic Act No. 9165.
(m) Illegal Trafficking - means the illegal cultivation, culture, delivery,

administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and possession
of any dangerous drug and/or controlled precursor and essential
chemical.
(n) Instrument - means anything that is used in or intended to be used

in any manner in the commission of illegal drug trafficking or related
offenses.
(o) PDEA - refers to the Philippine Drug Enforcement Agency.
(p) Pusher - means any person who sells, trades, administers,

dispenses, delivers or gives away to another, on any terms whatsoever,
or distributes, dispatches in transit or transports dangerous drugs or
who acts as a broker in any of such transactions, in violation of
Republic Act No. 9165.
(q) Rehabilitation - refers to the dynamic process, including after-care

and follow-up treatment, directed towards the physical,
emotional/psychological, vocational, social and spiritual well-being,

change or enhancement of a child drug dependent to enable him/her
to live without dangerous drugs, enjoy the fullest life compatible with
the child’s capabilities and potentials and enable him/her to become a
law abiding and productive member of the community.
(r) Screening Test - means a rapid drug test performed to establish

potential/presumptive positive result.
(s) Sell - means any act of giving away any dangerous drug and/or
controlled precursor and essential chemical whether for money or any
other consideration.
(t) Use - means any act of injecting, intravenously or intramuscularly,

of consuming, either by chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise introducing into the physiological
system of the body, any of the dangerous drugs or controlled
precursors and essential chemicals.
SEC. 5. Mandatory Drug Test.—A child charged before the prosecutor’s

office with a criminal offense not penalized by the Act, but with an
imposable penalty of imprisonment of not less than six years and one
day, shall be subjected to a mandatory drug test.
SEC. 6. Screening laboratory test and confirmatory test.—A child taken

into custody for alleged violation of the Act shall be subjected to a
screening laboratory test within twenty-four hours from the time the
child was taken into custody. The apprehending officer must have
reasonable grounds to believe that the child, on account of physical
signs or symptoms or other visible or outward manifestation, is under
the influence of dangerous drugs. If the result of the test is positive, it
shall be challenged by the child personally or through his/her parents,
guardian, custodian or any relative within the fourth degree of
consanguinity or affinity, within fifteen days after receipt thereof,
through a confirmatory test conducted in any accredited analytical
laboratory equipped with gas chromatograph/mass spectrometry
equipment or some other modern accepted method. If confirmed, the
same shall be prima facie evidence that the child has used dangerous
drugs, which shall be without prejudice to prosecution for other
violations of the Act.
A positive screening laboratory test must be confirmed for the positive

finding to be valid in court.
SEC. 7. Intake Report.—An Intake Report shall be prepared by the

social welfare officer assigned to the child, as soon as the child is taken

into custody by the apprehending officer pursuant to Section 10 of the
Rule on Juveniles in Conflict with the Law. The report shall describe
the results of a preliminary background investigation of the child, and
shall form part of the records of the case to aid the proper authorities
in properly addressing the substance abuse problem of the child.
SEC. 8. Voluntary Submission of a Child Drug Dependent to

Confinement, Treatment and Rehabilitation.—A child who is a drug
dependent or suspected to be one may - personally or through the
parent, guardian or relative within the fourth degree of consanguinity
or affinity - apply to the Board or its duly recognized representative for
treatment and rehabilitation of the drug dependency. The Board shall
then submit the matter to the court, which shall immediately order
that the child be examined for drug dependency.
SEC. 9. Case Study Report.—The court shall likewise direct the court
social worker to prepare and submit to it a Case Study Report for its
consideration pursuant to Section 19 of the Rule on Juveniles in
Conflict with the Law. The case study report shall identify the child’s
environmental, family and psychosocial functioning problems,
including a strengths-based biophysical assessment done on the child
by a Department of Health (DOH)-accredited physician, to help the
court in properly addressing the substance abuse problem of the child.
SEC. 10. Examination for Drug Dependency.—The examination for

drug dependency shall be conducted by an accredited physician of the
DOH. If the results show that the child is a drug dependent, the court
shall order that the child undergo treatment and rehabilitation in a
Center designated by the Board for a period of not less than six
months.
SEC. 11. Treatment and Care by a DOH-Accredited Physician.—A child

drug dependent may be placed under the care of a DOH-accredited
physician if:
(a) no Center is near or accessible to the residence of the child; or
(b) where the child is a first-time offender and nonconfinement in a

Center will not pose a serious danger to his/her family or community.
SEC. 12. Treatment Program Design.—The court shall direct the Center
or DOH-accredited physician to ensure that the treatment program
designed for the child shall consider the following factors:
(a) Family history of drug or substance abuse;

(b) Personality characteristics such as low selfesteem, sensation-
seeking attitude, lower intellectual achievement and aggressive
behavior;
(c) Gender-based violence;
(d) Lack of family or relational attachments;
(e) Peer pressure; or
(f) School or education environment.
The court shall also direct that the intervention treatment program
include the active participation and collaboration of the child’s family,
the law enforcers, the child’s school, if any, various community
organizations dealing with at-risk youths, and the court system itself.
SEC. 13. Period of Confinement in a Center or Under the Care of DOH-

Accredited Physician.—Confinement in a Center for treatment and
rehabilitation or under the care of a DOH-accredited physician shall
not exceed one year, after which time the head of the Center or the said
physician, as the case may be, shall apprise the court, as well as the
Board, of the status of the treatment and rehabilitation of the child.
The court, together with the Board, shall determine whether further
confinement or care will be for the welfare and best interest of the
child drug dependent and his/her family or the community.
SEC. 14. Discharge Under the Voluntary Submission Program.—A

child drug dependent under the voluntary submission program who is
finally discharged from confinement shall be exempt from criminal
liability under Section 15 of this Act, subject to the following
conditions:
(a) He/she has complied with the rules and regulations of the Center
or those imposed by the DOH-accredited physician, the applicable
rules and regulations of the Board, including the aftercare and follow-
up program for at least eighteen months following temporary
discharge from confinement in the Center or, in the case of a drug
dependent placed under the care of the DOH accredited physician, the
after-care program and follow-up schedule formulated by the
Department of Social Welfare and Development (DSWD) and
approved by the Board;

(b) He/she has never been charged with or convicted of any offense
punishable under the Act, the Dangerous Drugs Act of 1972 or
Republic Act No. 6425, as amended, the Revised Penal Code, as
amended, or any other special penal law;
(c) He/she has no record of escape from a Center or, if an escapee, has
surrendered personally or through the parents, guardian or relative
within the fourth degree of consanguinity or affinity, within one week
from the date of the escape; and
(d) He/she poses no serious danger to his/her person, family or

community.
Should the child fail to comply with any of the above conditions, the
case shall be referred to the prosecutor for regular preliminary
investigation.
SEC. 15. Temporary Release from the Center, After-Care and Follow-
up Treatment Under the Voluntary Submission Program.—Upon
certification by the Center or the DOH accredited physician that the
child drug dependent under the voluntary submission program may be
temporarily released, the court shall order such release on condition
that the child shall report to the DOH for after-care and follow-up
treatment, including urine testing, for a period not exceeding eighteen
months under such terms and conditions that the court may impose.
The DOH-accredited physician can recommend to the court the

temporary release of the child drug dependent at least forty-five days
after initial admission to a facility and may likewise prescribe a
comprehensive after-care and follow-up program approved by the
court to which the child drug dependent should adhere in order to
complete at least eighteen months.
If at any time during the period of after-care and follow-up program,

the child is certified to be rehabilitated, the court shall order his/her
final discharge, subject to the provisions of Section 12 of this Rule,
without prejudice to the outcome of any pending case filed in court.
SEC. 16. Recommitment.—Should the DOH find that during the initial
after-care and follow-up program of eighteen months, the child
requires further treatment and rehabilitation in the Center or by the
DOH-accredited physician, he/she shall be so recommitted.
Thereafter, he/she may again be certified for temporary release and
ordered released for another after-care and follow-up program
pursuant to Section 13 of this Rule.

SEC. 17. Probation and Community Service Under the Voluntary
Submission Program.—A child drug dependent under the voluntary
submission program who is discharged as rehabilitated by the Center
or DOH-accredited physician, but does not qualify for exemption from
criminal liability under Section 55 of the Act, may be charged under
the provisions of the Act.
However, the court upon its discretion may order that the child be
placed on probation and that he/she undergo community service in
lieu of imprisonment and/or fine, without prejudice to the outcome of
any pending case filed in court.
The child drug dependent shall undergo community service as part of

his/her after-care and follow-up program which may be done in
coordination with non-governmental civic organizations accredited by
the DSWD, with the recommendation of the Board.
Both the after-care and follow-up programs shall employ a strengths-

based approach which shall focus on reinforcing the positive internal
resources of the child, such as his/her innate talents or skills, what
he/she is good at, as well as what his/her life goals are and what may
be done to achieve them.
SEC. 18. Filing of Charges Against a Child Drug Dependent Who is not
Rehabilitated Under the Voluntary Submission Program.—A child
drug dependent under the voluntary submission program who is not
rehabilitated after a second commitment to the Center or a DOH-
accredited physician under the voluntary submission program shall be
charged and prosecuted, upon recommendation of the Board, with
violation of Section 15 of the Act. If convicted, the child shall be
credited for the period of confinement and rehabilitation in the Center
or by the DOH accredited physician, in the service of the sentence. In
addition thereto, the child shall enjoy all the rights provided under the
Rule on Juveniles in Conflict with the Law that are not inconsistent
with the provisions of the Act.
SEC. 19. Escape and Recommitment for Confinement and

Rehabilitation Under the Voluntary Submission Program.—A child
under the voluntary submission program who escapes from the Center
or from the custody and care of a DOH-accredited physician may
submit himself/herself for recommitment and rehabilitation within
one week from such escape. The parent, guardian or relative within the
fourth degree of consanguinity or affinity may, within this period, also

surrender the child for recommitment and rehabilitation in which case
the corresponding order shall be issued by the Board.
If the child fails to submit himself/herself or is not surrendered for

recommitment or rehabilitation after one week from his/her escape,
the Board shall apply to the court for a recommitment and
rehabilitation order. Upon proof of previous commitment or voluntary
submission of the child to the Board, the court shall issue an order for
recommitment and rehabilitation within one week from submission of
such proof.
If, subsequent to a recommitment, the child once again escapes from

confinement, he/she shall be charged with violation of Section 15 of
the Act and be subjected to compulsory confinement upon order of the
Board or upon order of the court, as the case may be.
SEC. 20. Confidentiality of Records Under the Voluntary Submission

Program.—The judicial and medical records of a child drug dependent
under the voluntary submission program shall be confidential and
shall not be used against him/her for any purpose, except to determine
how many times the child by himself/herself, or through his/her
parent, guardian, or relative within the fourth degree of consanguinity
or affinity underwent voluntary submission for confinement,
treatment and rehabilitation or commitment to a Center or to the
custody and care of a DOH accredited physician under the program.
Where the child is not exempt from criminal liability under Section 55
of the Act, or when he/she is not rehabilitated under the voluntary
submission program, or when he/she escapes again from confinement
after recommitment, the records mentioned in the immediately
preceding provisions that are necessary for conviction may be utilized
in court as evidence against such child.
SEC. 21. Compulsory Confinement of a Child Drug Dependent Who

Refuses to Apply Under the Voluntary Submission Program.—
Notwithstanding any law, rule and regulation to the contrary, any child
found to be dependent on dangerous drugs who refuses to apply under
the voluntary submission program shall, upon petition by the Board or
any of its authorized representatives, be confined for treatment and
rehabilitation in any Center duly designated or accredited by the DOH.
A petition for the confinement to a Center of a child alleged to be drug

dependent may be filed by any person authorized by the Board with
the Family Court, or, in the absence thereof, the Regional Trial Court
of the province or city where such person is found.

After the petition is filed, the court shall immediately order a hearing,
fix a date therefor, and serve a copy of such order on the child and
his/her parents, guardian or custodian.
If the facts established at the hearing so warrant, the court shall order
the child to be examined by two physicians accredited by the Board. If
both physicians conclude that the child is not a drug dependent, the
court shall order his/her discharge. If either physician finds the child
to be a dependent, the court shall conduct a hearing and consider all
relevant evidence which may be offered.
If the court finds the child to be drug dependent, it shall issue an order
for his/her commitment to a treatment and rehabilitation center under
the supervision of the DOH. In any event, the order of discharge or
order of confinement or commitment shall be issued by the court not
later than fifteen days from the filing of the appropriate petition.
SEC. 22. Compulsory Submission to Treatment and Rehabilitation of a

Child Drug Dependent Charged with an Offense.—If a child charged
with an offense where the imposable penalty is imprisonment of less
than six years and one day is found by the prosecutor or by the court,
at any stage of the proceedings, to be a drug dependent, the prosecutor
or the court, as the case may be, shall suspend all further proceedings
and transmit copies of the records of the case to the Board.
In the event the Board determines, after the medical examination, that
public interest requires that such child drug dependent be committed
to a Center for treatment and rehabilitation, it shall file a petition for
commitment with the Family Court or, in the absence thereof, the
Regional Trial Court of the province or city where the child is being
investigated or tried: Provided, that where a criminal case is pending
court, the petition shall be filed in such court. The court shall take
judicial notice of the prior proceedings in the case and shall proceed to
hear the petition. If the court finds the child to be a drug dependent, it
shall order his/her commitment to a Center for treatment and
rehabilitation. The head of the Center shall submit to the court every
four months, or as often as the court may require, a written report on
the progress of the treatment. If the child drug dependent is
rehabilitated, as certified by the Center and the Board, he/she shall be
returned to the court, which committed him/her, for discharge
therefrom.
Thereafter, the prosecution of the child for any offense punishable by

law shall be instituted or shall continue, as the case may be. In case of
conviction and the child has been certified by the treatment and

rehabilitation center to have maintained good behavior, the judgment
shall indicate that the child shall be given full credit for the period
he/she was confined in the Center:
Provided, however, that when the offense is for violation of Section 15

of the Act and the child is not a recidivist, the penalty therefor shall be
deemed to have been served in the Center upon the release of the child
therefrom after certification by the Center and the Board that the child
has been rehabilitated.
SEC. 23. Prescription of the Offense Charged Against a Child Drug

Dependent Under the Compulsory Submission Program.—The period
of prescription of the offense charged against a child drug dependent
under the compulsory submission program shall not run during the
time that said child is under confinement in a Center or otherwise
under the treatment and rehabilitation program approved by the
Board.
SEC. 24. Temporary and Final Discharge of the Child from Treatment
and Rehabilitation in Compulsory Submission;
Recommitment.—Upon certification by the Center that the child may

temporarily be discharged therefrom, the court shall order the release
of the child on the condition that he/she shall report to the Board
through the DOH for after-care and follow-up treatment for a period
not exceeding eighteen months under such terms and conditions as
may be imposed by the Board.
If at any time during the after-care and follow-up period the Board
certifies to the complete rehabilitation of the child, the court shall
order his/her final discharge and the immediate resumption of the
trial of the case for which the child has been originally charged.
Should the Board through the DOH find at any time during the after-
care and follow-up period that the child requires further treatment and
rehabilitation, it shall file a petition in court for his/her
recommitment.
SEC. 25. Recommitment for Confinement and Rehabilitation Under

the Compulsory Submission Program in Case of Escape.— A child who
escapes from the Center may submit himself/herself to the Board for
reconfinement within one week from the date of his escape. The child
may likewise be surrendered for recommitment within the same
period by the parent, guardian or relative within the fourth degree of
consanguinity or affinity.

If the child does not resubmit for confinement or is not surrendered
for recommitment, the Board may apply with the court for the issuance
of a recommitment order.
Upon proof of previous commitment of the child, the court shall issue
an order for recommitment. If, subsequent to such recommitment, the
child should escape again, he/she shall no longer be exempt from
criminal liability for use of any dangerous drug, in which case, the
corresponding charge for violation of Section 15 of the Act shall be
filed against him/her.
SEC. 26. Effect of Final Discharge.—A child committed under Sections

20, 22 and 23 of this Rule who is finally discharged from confinement
shall be exempt from criminal liability for the use of a dangerous drug
under Section 15 of the Act, without prejudice to the outcome of any
pending case filed in court.
SEC. 27. Non-rehabilitation After Recommitment.—A child who is not

rehabilitated after a second commitment to the Center shall, upon
conviction by the appropriate court, suffer the same penalties provided
for under Section 15 of the Act, without prejudice to the outcome of
any pending case filed in court.
SEC. 28. Confidentiality of Records Under the Compulsory Submission

Program.—The provisions of Section 18 of this Rule regarding
Confidentiality of Records Under the Voluntary Submission Program
shall apply to a child who is rehabilitated and discharged under a
compulsory submission program, or is charged with violation of
Section 15 of the Act. However, the records of a child who has not been
rehabilitated or who escaped but has not surrendered within the
prescribed period shall be forwarded to the court and the use of those
records shall be determined by the court, taking into consideration the
best interest of the child and public safety.
SEC. 29. Automatic Suspension of Sentence.—If a child is under

eighteen years of age at the time of the commission of the offense and
is found guilty thereof, the court shall determine and ascertain any
civil liability. However, instead of pronouncing the judgment of
conviction, the court shall place the child under suspended sentence,
without need of application. Suspension of sentence shall still be
applied even if the child is already eighteen years of age at the time of
the conviction.

Upon suspension of sentence and after considering the various
circumstances of the child, the court shall impose the appropriate
disposition measures under the Rule on Juveniles in Conflict with the
Law.
While under suspended sentence, the child shall be under the

supervision and rehabilitation surveillance of the Board, under such
conditions that the court may impose for a period ranging from six to
eighteen months.
Upon recommendation of the Board, the court may commit the child
under suspended sentence to a Center, or to the care of a DOH-
accredited physician for at least six months, with after-care and follow-
up program for not more than eighteen months.
SEC. 30. Discharge After Compliance with Conditions of Suspended

Sentence.—If the child under suspended sentence complies with the
applicable rules and regulations of the Board, including confinement
in a Center or care of a DOH-accredited physician, the court, upon a
favorable recommendation of the Board or the physician, shall
discharge him and dismiss all proceedings under Section 11 of the Act.
SEC. 31. Confidentiality of Records.—Upon the dismissal of the

proceedings against the child, the court shall enter an order to expunge
all official records, other than the confidential record to be retained by
the Department of Justice relative to the case. Such order, which shall
be kept confidential, shall restore the child to his/her status prior to
the case.
SEC. 32. Non-liability for Perjury, Concealment or

Misrepresentation.—The child so discharged shall not be held
thereafter to be guilty of perjury, concealment or misrepresentation by
reason of failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made for any purpose.
SEC. 33. Promulgation of Sentence.—If the child violates any of the

conditions of the suspended sentence, the applicable rules and
regulations of the Board exercising supervision and rehabilitative
surveillance, including the rules and regulations of the Center should
confinement be required, he/she shall be returned to the court which,
after due notice and hearing and after finding sufficient basis therefor,
shall execute the judgment of conviction.
SEC. 34. Probation in Lieu of Imprisonment.—In cases involving

violations of Sections 11 and 15 of the Act, the court, upon application

and in its discretion, may place the child under probation. Probation
may still be availed of even if the sentence provided under the Act is
higher than that provided under the Probation Law.
The supervision and rehabilitative surveillance of the child who is

placed under probation shall be undertaken by the Board or the DOH-
accredited physician through the DOH in coordination with the Board
of Pardons and Parole and the Probation Administration. Upon
compliance with the conditions of the probation, the Board or the
DOH-accredited physician shall submit a written report to the court
recommending termination of probation and final discharge of the
probationer. Thereupon, the court shall issue such an order.
SEC. 35. Compliance with Community Service Orders.—In cases

involving violations of Section 15 of the Act, the court may impose
community service in lieu of imprisonment. When so imposed, the
order of the court shall be complied with under such conditions, time
and place as it may determine according to its discretion, and upon the
recommendation of the Board or the DOH-accredited physician.
The completion of the community service by the child shall be under

the supervision and rehabilitative surveillance of the Board or the
DOH-accredited physician during the period required by the court.
Thereafter, the Board or physician shall tender a report to the court on
the manner of compliance with the community service. The court in its
discretion may order the extension of the community service or issue
an order of final discharge.
In both cases, the confidentiality of the judicial records shall be

maintained.
SEC. 36. Credit in Service of Sentence.—If the sentence promulgated

by the court for the child requires imprisonment, the period spent by
the child in the Center or under the care of the physician during the
suspended sentence shall be deducted from the sentence to be served.
SEC. 37. Records to be kept by the Department of Justice (DOJ).—The

DOJ shall keep a confidential record of the proceedings on suspension
of sentence, and the record shall not be used for any other purpose
unless beneficial to the child and ordered by the Court that handled
the case.
SEC. 38. Liability of a Parent or Guardian Who Refuses to Cooperate

with the Board or any Concerned Agency.—Any parent or guardian
who, without valid reason, refuses to cooperate with the Board or any

concerned agency in the treatment and rehabilitation of a child, or in
any manner prevents or delays the after-care, follow-up or other
programs for the welfare of the child drug dependent, whether under a
voluntary or a compulsory submission program, may be cited for
contempt by the court.
SEC. 39. Gender-Sensitivity Training.—No personnel of rehabilitation

and training facilities shall handle children in conflict with the law
without having undergone gender-sensitivity training.
SEC. 40. Effectivity.—This Rule shall take effect on November 5, 2007,

after its publication in a newspaper of general circulation not later
than October 5, 2007.

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
2010 Apr 29
A.M. No. 09-6-8-SC
EFFECTIVE APRIL 29, 2010

MANILA, PHILIPPINES
APRIL 2010

Supreme Court
Manila
Table of Contents
Resolution
PART I
Rule 1 General Provisions
PART II
CIVIL PROCEDURE
Rule 2 Pleadings and Parties

Rule 3 Pre-Trial
Rule 4 Trial
Rule 5 Judgment and Execution
Rule 6 Strategic Lawsuit Against Public Participation
PART III
SPECIAL CIVIL ACTIONS
Rule 7 Writ of Kalikasan

Rule 8 Writ of Continuing Mandamus
PART IV
CRIMINAL PROCEDURE
Rule 9 Prosecution of Offenses

Rule 10 Prosecution of Civil Actions

Rule 11 Arrest
Rule 12 Custody and Disposition of Seized Items, Equipment,
Paraphernalia, Conveyances, and Instruments
Rule 13 Provisional Remedies
Rule 14 Bail
Rule 15 Arraignment and Plea
Rule 16 Pre-Trial
Rule 17 Trial
Rule 18 Subsidiary Liability
Rule 19 Strategic Lawsuit Against Public Participation in Criminal
Cases
PART V
EVIDENCE
Rule 20 Precautionary Principle

Rule 21 Documentary Evidence
Rule 22 Final Provisions
RESOLUTION
Acting on the recommendation of the Chairperson of the Sub-

committee on the Rules of Procedure for Environmental Cases
submitting for this Court’s consideration and approval the
proposed Rules of Procedure for Environmental Cases, the Court
Resolved to APPROVE the same.
These Rules shall take effect within fifteen (15) days following its
publication once in a newspaper of general circulation.
April 13, 2010.
REYNATO S. PUNO
Chief Justice
ANTONIO T. CARPIO RENATO C. CORONA


(on leave)
CONCHITA CARPIO PRESBITERO J. VELASCO, JR.
MORALES Associate Justice
Associate Justice
ANTONIO EDUARDO B. TERESITA J. LEONARDO-DE

NACHURA CASTRO
ARTURO D. BRION DIOSDADO M. PERALTA

LUCAS P. BERSAMIN MARIANO C. DEL CASTILLO

ROBERTO A. ABAD MARTIN S. VILLARAMA, JR

JOSE P. PEREZ JOSE C. MENDOZA

PART I
RULE 1: GENERAL PROVISIONS
SECTION 1. Title.—These Rules shall be known as “The Rules of

Procedure for Environmental Cases.”
SEC. 2. Scope.—These Rules shall govern the procedure in civil,

criminal and special civil actions before the Regional Trial Courts,
Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit Trial Courts
involving enforcement or violations of environmental and other
related laws, rules and regulations such as but not limited to the
following:
(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and
Molave Trees;
(b) P.D. No. 705, Revised Forestry Code;

(c) P.D. No. 856, Sanitation Code;
(d) P.D. No. 979, Marine Pollution Decree;
(e) P.D. No. 1067, Water Code;
(f) P.D. No. 1151, Philippine Environmental Policy of 1977;
(g) P.D. No. 1433, Plant Quarantine Law of 1978;
(h) P.D. No. 1586, Establishing an Environmental Impact

Statement System Including Other Environmental Management
Related Measures and for Other Purposes;
(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or

Injuring of Planted or Growing Trees,
Flowering Plants and Shrubs or Plants of Scenic Value along

Public Roads, in Plazas, Parks, School Premises or in any Other
Public Ground;
(j) R.A. No. 4850, Laguna Lake Development Authority Act;
(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;
(l) R.A. No. 7076, People’s Small-Scale Mining Act;
(m) R.A. No. 7586, National Integrated Protected Areas System

Act including all laws, decrees, orders, proclamations and
issuances establishing protected areas;
(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;
(o) R.A. No. 7942, Philippine Mining Act;
(p) R.A. No. 8371, Indigenous Peoples Rights Act;
(q) R.A. No. 8550, Philippine Fisheries Code;

(r) R.A. No. 8749, Clean Air Act;
(s) R.A. No. 9003, Ecological Solid Waste Management Act;
(t) R.A. No. 9072, National Caves and Cave Resource Management
Act;
(u) R.A. No. 9147, Wildlife Conservation and Protection Act;
(v) R.A. No. 9175, Chainsaw Act;
(w) R.A. No. 9275, Clean Water Act;
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657,
Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160,
Local Government Code of 1991; R.A. No. 7161, Tax Laws
Incorporated in the Revised Forestry Code and Other
Environmental Laws (Amending the NIRC); R.A. No. 7308, Seed
Industry Development Act of 1992; R.A. No. 7900, High-Value
Crops Development Act; R.A. No. 8048, Coconut Preservation Act;
R.A. No. 8435, Agriculture and Fisheries Modernization Act of
1997; R.A. No. 9522, The Philippine Archipelagic Baselines Law;
R.A. No. 9593, Renewable Energy Act of 2008; R.A. No. 9637,
Philippine Biofuels Act; and other existing laws that relate to the
conservation, development, preservation, protection and
utilization of the environment and natural resources.
SEC. 3. Objectives.—The objectives of these Rules are:
(a) To protect and advance the constitutional right of the people to

a balanced and healthful ecology;
(b) To provide a simplified, speedy and inexpensive procedure for

the enforcement of environmental rights and duties recognized
under the Constitution, existing laws, rules and regulations, and
international agreements;

(c) To introduce and adopt innovations and best practices
ensuring the effective enforcement of remedies and redress for
violation of environmental laws; and
(d) To enable the courts to monitor and exact compliance with

orders and judgments in environmental cases.
SEC. 4. Definition of Terms.—
(a) By-product or derivatives means any part taken or substance

extracted from wildlife, in raw or in processed form including
stuffed animals and herbarium specimens.
(b) Consent decree refers to a judicially-approved settlement

between concerned parties based on public interest and public
policy to protect and preserve the environment.
(c) Continuing mandamus is a writ issued by a court in an

environmental case directing any agency or instrumentality of the
government or officer thereof to perform an act or series of acts
decreed by final judgment which shall remain effective until
judgment is fully satisfied.
(d) Environmental protection order (EPO) refers to an order

issued by the court directing or enjoining any person or
government agency to perform or desist from performing an act in
order to protect, preserve or rehabilitate the environment.
(e) Mineral refers to all naturally occurring inorganic substance in

solid, gas, liquid, or any intermediate state excluding energy
materials such as coal, petroleum, natural gas, radioactive
materials and geothermal energy.
(f) Precautionary principle states that when human activities may

lead to threats of serious and irreversible damage to the
environment that is scientifically plausible but uncertain, actions
shall be taken to avoid or diminish that threat.
(g) Strategic lawsuit against public participation (SLAPP) refers to

an action whether civil, criminal or administrative, brought

against any person, institution or any government agency or local
government unit or its officials and employees, with the intent to
harass, vex, exert undue pressure or stifle any legal recourse that
such person, institution or government agency has taken or may
take in the enforcement of environmental laws, protection of the
environment or assertion of environmental rights.
(h) Wildlife means wild forms and varieties of flora and fauna, in
all developmental stages including those which are in captivity or
are being bred or propagated.
PART II
CIVIL PROCEDURE
RULE 2 : PLEADINGS AND PARTIES
SECTION 1. Pleadings and motions allowed.—The pleadings and

motions that may be filed are complaint, answer which may
include compulsory counterclaim and cross-claim, motion for
intervention, motion for discovery and motion for reconsideration
of the judgment.
Motion for postponement, motion for new trial and petition for
relief from judgment shall be allowed in highly meritorious cases
or to prevent a manifest miscarriage of justice.
SEC. 2. Prohibited pleadings or motions.—The following pleadings

or motions shall not be allowed:
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension of time to file pleadings, except to file

answer, the extension not to exceed fifteen (15) days;
(d) Motion to declare the defendant in default;
(e) Reply and rejoinder; and

(f) Third party complaint.
SEC. 3. Verified complaint.—The verified complaint shall contain

the names of the parties, their addresses, the cause of action and
the reliefs prayed for.
The plaintiff shall attach to the verified complaint all evidence

proving or supporting the cause of action consisting of the
affidavits of witnesses, documentary evidence and if possible,
object evidence.
The affidavits shall be in question and answer form and shall

comply with the rules of admissibility of evidence.
The complaint shall state that it is an environmental case and the

law involved. The complaint shall also include a certification
against forum shopping. If the complaint is not an environmental
complaint, the presiding judge shall refer it to the executive judge
for re-raffle.
SEC. 4. Who may file.—Any real party in interest, including the

government and juridical entities authorized by law, may file a
civil action involving the enforcement or violation of any
environmental law.
SEC. 5. Citizen suit.—Any Filipino citizen in representation of

others, including minors or generations yet unborn, may file an
action to enforce rights or obligations under environmental laws.
Upon the filing of a citizen suit, the court shall issue an order
which shall contain a brief description of the cause of action and
the reliefs prayed for, requiring all interested parties to manifest
their interest to intervene in the case within fifteen (15) days from
notice thereof.
The plaintiff may publish the order once in a newspaper of a

general circulation in the Philippines or furnish all affected
barangays copies of said order.

Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be
governed by their respective provisions.
SEC. 6. Service of the complaint on the government or its

agencies.—Upon the filing of the complaint, the plaintiff is
required to furnish the government or the appropriate agency,
although not a party, a copy of the complaint. Proof of service
upon the government or the appropriate agency shall be attached
to the complaint.
SEC. 7. Assignment by raffle.—If there is only one (1) designated

branch in a multiple-sala court, the executive judge shall
immediately refer the case to said branch. If there are two (2) or
more designated branches, the executive judge shall conduct a
special raffle on the day the complaint is filed.
SEC. 8. Issuance of Temporary Environmental Protection Order

(TEPO).—If it appears from the verified complaint with a prayer
for the issuance of an Environmental Protection Order (EPO) that
the matter is of extreme urgency and the applicant will suffer
grave injustice and irreparable injury, the executive judge of the
multiplesala court before raffle or the presiding judge of a single-
sala court as the case may be, may issue ex parte a TEPO effective
for only seventy-two (72) hours from date of the receipt of the
TEPO by the party or person enjoined. Within said period, the
court where the case is assigned, shall conduct a summary hearing
to determine whether the TEPO may be extended until the
termination of the case.
The court where the case is assigned, shall periodically monitor

the existence of acts that are the subject matter of the TEPO even
if issued by the executive judge, and may lift the same at any time
as circumstances may warrant.
The applicant shall be exempted from the posting of a bond for the
issuance of a TEPO.
SEC. 9. Action on motion for dissolution of TEPO.—The grounds

for motion to dissolve a TEPO shall be supported by affidavits of

the party or person enjoined which the applicant may oppose, also
by affidavits.
The TEPO may be dissolved if it appears after hearing that its

issuance or continuance would cause irreparable damage to the
party or person enjoined while the applicant may be fully
compensated for such damages as he may suffer and subject to the
posting of a sufficient bond by the party or person enjoined.
SEC. 10. Prohibition against temporary restraining order (TRO)

and preliminary injunction.—Except the Supreme Court, no court
can issue a TRO or writ of preliminary injunction against lawful
actions of government agencies that enforce environmental laws
or prevent violations thereof.
SEC. 11. Report on TEPO, EPO, TRO or preliminary injunction.—

The judge shall report any action taken on a TEPO, EPO, TRO or a
preliminary injunction, including its modification and dissolution,
to the Supreme Court, through the Office of the Court
Administrator, within ten (10) days from the action taken.
SEC. 12. Payment of filing and other legal fees.—The payment of

filing and other legal fees by the plaintiff shall be deferred until
after judgment unless the plaintiff is allowed to litigate as an
indigent.
It shall constitute a first lien on the judgment award.
For a citizen suit, the court shall defer the payment of filing and
other legal fees that shall serve as first lien on the judgment award.
SEC. 13. Service of summons, orders and other court processes.—

The summons, orders and other court processes may be served by
the sheriff, his deputy or other proper court officer or for
justifiable reasons, by the counsel or representative of the plaintiff
or any suitable person authorized or deputized by the court issuing
the summons.

Any private person who is authorized or deputized by the court to
serve summons, orders and other court processes shall for that
purpose be considered an officer of the court.
The summons shall be served on the defendant, together with a

copy of an order informing all parties that they have fifteen (15)
days from the filing of an answer, within which to avail of
interrogatories to parties under Rule 25 of the Rules of Court and
request for admission by adverse party under Rule 26, or at their
discretion, make use of depositions under Rule 23 or other
measures under Rules 27 and 28.
Should personal and substituted service fail, summons by

publication shall be allowed. In the case of juridical entities,
summons by publication shall be done by indicating the names of
the officers or their duly authorized representatives.
SEC. 14. Verified answer.—Within fifteen (15) days from receipt of

summons, the defendant shall file a verified answer to the
complaint and serve a copy thereof on the plaintiff. The defendant
shall attach affidavits of witnesses, reports, studies of experts and
all evidence in support of the defense.
Affirmative and special defenses not pleaded shall be deemed

waived, except lack of jurisdiction.
Cross-claims and compulsory counterclaims not asserted shall be

considered barred. The answer to counterclaims or cross-claims
shall be filed and served within ten (10) days from service of the
answer in which they are pleaded.
SEC. 15. Effect of failure to answer.—Should the defendant fail to

answer the complaint within the period provided, the court shall
declare defendant in default and upon motion of the plaintiff, shall
receive evidence ex parte and render judgment based thereon and
the reliefs prayed for.
RULE 3 : PRE-TRIAL

SECTION 1. Notice of pre-trial.—Within two (2) days from the
filing of the answer to the counterclaim or cross-claim, if any, the
branch clerk of court shall issue a notice of the pre-trial to be held
not later than one (1) month from the filing of the last pleading.
The court shall schedule the pre-trial and set as many pre-trial
conferences as may be necessary within a period of two (2) months
counted from the date of the first pre-trial conference.
SEC. 2. Pre-trial brief.—At least three (3) days before the pretrial,
the parties shall submit pre-trial briefs containing the following:
(a) A statement of their willingness to enter into an amicable

settlement indicating the desired terms thereof or to submit the
case to any of the alternative modes of dispute resolution;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The legal and factual issues to be tried or resolved. For each
factual issue, the parties shall state all evidence to support their
positions thereon. For each legal issue, parties shall state the
applicable law and jurisprudence supporting their respective
positions thereon;
(d) The documents or exhibits to be presented, including

depositions, answers to interrogatories and answers to written
request for admission by adverse party, stating the purpose
thereof;
(e) A manifestation of their having availed of discovery procedures

or their intention to avail themselves of referral to a commissioner
or panel of experts;
(f) The number and names of the witnesses and the substance of
their affidavits;
(g) Clarificatory questions from the parties; and
(h) List of cases arising out of the same facts pending before other
courts or administrative agencies.

Failure to comply with the required contents of a pre-trial brief
may be a ground for contempt.
Failure to file the pre-trial brief shall have the same effect as
failure to appear at the pre-trial.
SEC. 3. Referral to mediation.—At the start of the pre-trial

conference, the court shall inquire from the parties if they have
settled the dispute; otherwise, the court shall immediately refer
the parties or their counsel, if authorized by their clients, to the
Philippine Mediation Center (PMC) unit for purposes of
mediation. If not available, the court shall refer the case to the
clerk of court or legal researcher for mediation.
Mediation must be conducted within a non-extendible period of

thirty (30) days from receipt of notice of referral to mediation.
The mediation report must be submitted within ten (10) days from
the expiration of the 30-day period.
SEC. 4. Preliminary conference.—If mediation fails, the court will

schedule the continuance of the pre-trial. Before the scheduled
date of continuance, the court may refer the case to the branch
clerk of court for a preliminary conference for the following
purposes:
(a) To assist the parties in reaching a settlement;
(b) To mark the documents or exhibits to be presented by the

parties and copies thereof to be attached to the records after
comparison with the originals;
(c) To ascertain from the parties the undisputed facts and

admissions on the genuineness and due execution of the
documents marked as exhibits;
(d) To require the parties to submit the depositions taken under

Rule 23 of the Rules of Court, the answers to written

interrogatories under Rule 25, and the answers to request for
admissions by the adverse party under Rule 26;
(e) To require the production of documents or things requested by

a party under Rule 27 and the results of the physical and mental
examination of persons under Rule 28;
(f) To consider such other matters as may aid in its prompt

disposition;
(g) To record the proceedings in the “Minutes of Preliminary

Conference” to be signed by both parties or their counsels;
(h) To mark the affidavits of witnesses which shall be in question

and answer form and shall constitute the direct examination of the
witnesses; and
(i) To attach the minutes together with the marked exhibits before
the pre-trial proper.
The parties or their counsel must submit to the branch clerk of

court the names, addresses and contact numbers of the affiants.
During the preliminary conference, the branch clerk of court shall

also require the parties to submit the depositions taken under Rule
23 of the Rules of Court, the answers to written interrogatories
under Rule 25 and the answers to request for admissions by the
adverse party under Rule 26. The branch clerk of court may also
require the production of documents or things requested by a
party under Rule 27 and the results of the physical and mental
examination of persons under Rule 28.
SEC. 5. Pre-trial conference; consent decree.—The judge shall put

the parties and their counsels under oath, and they shall remain
under oath in all pre-trial conferences.
The judge shall exert best efforts to persuade the parties to arrive
at a settlement of the dispute. The judge may issue a consent
decree approving the agreement between the parties in accordance

with law, morals, public order and public policy to protect the
right of the people to a balanced and healthful ecology.
Evidence not presented during the pre-trial, except newly

discovered evidence, shall be deemed waived.
SEC. 6. Failure to settle.—If there is no full settlement, the judge

shall:
(a) Adopt the minutes of the preliminary conference as part of the

pre-trial proceedings and confirm the markings of exhibits or
substituted photocopies and admissions on the genuineness and
due execution of documents;
(b) Determine if there are cases arising out of the same facts
pending before other courts and order its consolidation if
warranted;
(c) Determine if the pleadings are in order and if not, order the
amendments if necessary;
(d) Determine if interlocutory issues are involved and resolve the

same;
(e) Consider the adding or dropping of parties;
(f) Scrutinize every single allegation of the complaint, answer and

other pleadings and attachments thereto, and the contents of
documents and all other evidence identified and pre-marked
during pre-trial in determining further admissions;
(g) Obtain admissions based on the affidavits of witnesses and

evidence attached to the pleadings or submitted during pre-trial;
(h) Define and simplify the factual and legal issues arising from
the pleadings and evidence. Uncontroverted issues and frivolous
claims or defenses should be eliminated;

(i) Discuss the propriety of rendering a summary judgment or a
judgment based on the pleadings, evidence and admissions made
during pre-trial;
(j) Observe the Most Important Witness Rule in limiting the

number of witnesses, determining the facts to be proved by each
witness and fixing the approximate number of hours per witness;
(k) Encourage referral of the case to a trial by commissioner under

Rule 32 of the Rules of Court or to a mediator or arbitrator under
any of the alternative modes of dispute resolution governed by the
Special Rules of Court on Alternative Dispute Resolution;
(l) Determine the necessity of engaging the services of a qualified

expert as a friend of the court (amicus curiae); and
(m) Ask parties to agree on the specific trial dates for continuous
trial, comply with the one-day examination of witness rule, adhere
to the case flow chart determined by the court which shall contain
the different stages of the proceedings up to the promulgation of
the decision and use the time frame for each stage in setting the
trial dates.
SEC. 7. Effect of failure to appear at pre-trial.—The court shall not

dismiss the complaint, except upon repeated and unjustified
failure of the plaintiff to appear. The dismissal shall be without
prejudice, and the court may proceed with the counterclaim.
If the defendant fails to appear at the pre-trial, the court shall

receive evidence ex parte.
SEC. 8. Minutes of pre-trial.—The minutes of each pre-trial

conference shall contain matters taken up therein, more
particularly admissions of facts and exhibits, and shall be signed
by the parties and their counsel.
SEC. 9. Pre-trial order.—Within ten (10) days after the termination

of the pre-trial, the court shall issue a pre-trial order setting forth
the actions taken during the pre-trial conference, the facts
stipulated, the admissions made, the evidence marked, the

number of witnesses to be presented and the schedule of trial. Said
order shall bind the parties, limit the trial to matters not disposed
of and control the course of action during the trial.
SEC. 10. Efforts to settle.—The court shall endeavor to make the

parties agree to compromise or settle in accordance with law at
any stage of the proceedings before rendition of judgment.
RULE 4 : TRIAL
SECTION 1. Continuous trial.—The judge shall conduct

continuous trial which shall not exceed two (2) months from the
date of the issuance of the pre-trial order.
Before the expiration of the two-month period, the judge may ask
the Supreme Court for the extension of the trial period for
justifiable cause.
SEC. 2. Affidavits in lieu of direct examination.—In lieu of direct

examination, affidavits marked during the pre-trial shall be
presented as direct examination of affiants subject to cross-
examination by the adverse party.
SEC. 3. One-day examination of witness rule.—The court shall

strictly adhere to the rule that a witness has to be fully examined
in one (1) day, subject to the court’s discretion of extending the
examination for justifiable reason. After the presentation of the
last witness, only oral offer of evidence shall be allowed, and the
opposing party shall immediately interpose his objections. The
judge shall forthwith rule on the offer of evidence in open court.
SEC. 4. Submission of case for decision; filing of memoranda.—

After the last party has rested its case, the court shall issue an
order submitting the case for decision.
The court may require the parties to submit their respective

memoranda, if possible in electronic form, within a non-
extendible period of thirty (30) days from the date the case is
submitted for decision.

The court shall have a period of sixty (60) days to decide the case
from the date the case is submitted for decision.
SEC. 5. Period to try and decide.—The court shall have a period of

one (1) year from the filing of the complaint to try and decide the
case. Before the expiration of the one-year period, the court may
petition the Supreme Court for the extension of the period for
justifiable cause.
The court shall prioritize the adjudication of environmental cases.
RULE 5 : JUDGMENT AND EXECUTION
SECTION 1. Reliefs in a citizen suit.—If warranted, the court may

grant to the plaintiff proper reliefs which shall include the
protection, preservation or rehabilitation of the environment and
the payment of attorney’s fees, costs of suit and other litigation
expenses.
It may also require the violator to submit a program of

rehabilitation or restoration of the environment, the costs of which
shall be borne by the violator, or to contribute to a special trust
fund for that purpose subject to the control of the court.
SEC. 2. Judgment not stayed by appeal.—Any judgment directing

the performance of acts for the protection, preservation or
rehabilitation of the environment shall be executory pending
appeal unless restrained by the appellate court.
SEC. 3. Permanent EPO; writ of continuing mandamus.—In the

judgment, the court may convert the TEPO to a permanent EPO or
issue a writ of continuing mandamus directing the performance of
acts which shall be effective until the judgment is fully satisfied.
The court may, by itself or through the appropriate government

agency, monitor the execution of the judgment and require the
party concerned to submit written reports on a quarterly basis or
sooner as may be necessary, detailing the progress of the execution
and satisfaction of the judgment. The other party may, at its

option, submit its comments or observations on the execution of
the judgment.
SEC. 4. Monitoring of compliance with judgment and orders of the

court by a commissioner.—The court may motu proprio, or upon
motion of the prevailing party, order that the enforcement of the
judgment or order be referred to a commissioner to be appointed
by the court. The commissioner shall file with the court written
progress reports on a quarterly basis or more frequently when
necessary.
SEC. 5. Return of writ of execution.—The process of execution

shall terminate upon a sufficient showing that the decision or
order has been implemented to the satisfaction of the court in
accordance with Section 14, Rule 39 of the Rules of Court.
RULE 6 : STRATEGIC LAWSUIT AGAINST PUBLIC

PARTICIPATION
SECTION 1. Strategic lawsuit against public participation

(SLAPP).—A legal action filed to harass, vex, exert undue pressure
or stifle any legal recourse that any person, institution or the
government has taken or may take in the enforcement of
environmental laws, protection of the environment or assertion of
environmental rights shall be treated as a SLAPP and shall be
governed by these Rules.
SEC. 2. SLAPP as a defense; how alleged.—In a SLAPP filed

against a person involved in the enforcement of environmental
laws, protection of the environment, or assertion of environmental
rights, the defendant may file an answer interposing as a defense
that the case is a SLAPP and shall be supported by documents,
affidavits, papers and other evidence; and, by way of counterclaim,
pray for damages, attorney’s fees and costs of suit.
The court shall direct the plaintiff or adverse party to file an

opposition showing the suit is not a SLAPP, attaching evidence in
support thereof, within a non-extendible period of five (5) days
from receipt of notice that an answer has been filed.

The defense of a SLAPP shall be set for hearing by the court after
issuance of the order to file an opposition within fifteen (15) days
from filing of the comment or the lapse of the period.
SEC. 3. Summary hearing.—The hearing on the defense of a

SLAPP shall be summary in nature. The parties must submit all
available evidence in support of their respective positions. The
party seeking the dismissal of the case must prove by substantial
evidence that his acts for the enforcement of environmental law is
a legitimate action for the protection, preservation and
rehabilitation of the environment. The party filing the action
assailed as a SLAPP shall prove by preponderance of evidence that
the action is not a SLAPP and is a valid claim.
SEC. 4. Resolution of the defense of a SLAPP.—The affirmative

defense of a SLAPP shall be resolved within thirty (30) days after
the summary hearing. If the court dismisses the action, the court
may award damages, attorney’s fees and costs of suit under a
counterclaim if such has been filed. The dismissal shall be with
prejudice.
If the court rejects the defense of a SLAPP, the evidence adduced

during the summary hearing shall be treated as evidence of the
parties on the merits of the case. The action shall proceed in
accordance with the Rules of Court.
PART III
SPECIAL CIVIL ACTIONS
RULE 7 : WRIT OF KALIKASAN
SECTION 1. Nature of the writ.—The writ is a remedy available to

a natural or juridical person, entity authorized by law, people’s
organization, non-governmental organization, or any public
interest group accredited by or registered with any government
agency, on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or threatened with
violation by an unlawful act or omission of a public official or
employee, or private individual or entity, involving environmental

damage of such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or provinces.
SEC. 2. Contents of the petition.—The verified petition shall

contain the following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent or if

the name and personal circumstances are unknown and uncertain,
the respondent may be described by an assumed appellation;
(c) The environmental law, rule or regulation violated or

threatened to be violated, the act or omission complained of, and
the environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or
provinces.
(d) All relevant and material evidence consisting of the affidavits

of witnesses, documentary evidence, scientific or other expert
studies, and if possible, object evidence;
(e) The certification of petitioner under oath that: (1) petitioner

has not commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency, and no
such other action or claim is pending therein; (2) if there is such
other pending action or claim, a complete statement of its present
status; (3) if petitioner should learn that the same or similar action
or claim has been filed or is pending, petitioner shall report to the
court that fact within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer for the
issuance of a TEPO.
SEC. 3. Where to file.—The petition shall be filed with the

Supreme Court or with any of the stations of the Court of Appeals.
SEC. 4. No docket fees.—The petitioner shall be exempt from the

payment of docket fees.

SEC. 5. Issuance of the writ.—Within three (3) days from the date
of filing of the petition, if the petition is sufficient in form and
substance, the court shall give an order: (a) issuing the writ; and
(b) requiring the respondent to file a verified return as provided in
Section 8 of this Rule. The clerk of court shall forthwith issue the
writ under the seal of the court including the issuance of a cease
and desist order and other temporary reliefs effective until further
order.
SEC. 6. How the writ is served.—The writ shall be served upon the
respondent by a court officer or any person deputized by the court,
who shall retain a copy on which to make a return of service.
In case the writ cannot be served personally, the rule on

substituted service shall apply.
SEC. 7. Penalty for refusing to issue or serve the writ.—A clerk of

court who unduly delays or refuses to issue the writ after its
allowance or a court officer or deputized person who unduly delays
or refuses to serve the same shall be punished by the court for
contempt without prejudice to other civil, criminal or
administrative actions.
SEC. 8. Return of respondent; contents.—Within a non-extendible

period of ten (10) days after service of the writ, the respondent
shall file a verified return which shall contain all defenses to show
that respondent did not violate or threaten to violate, or allow the
violation of any environmental law, rule or regulation or commit
any act resulting to environmental damage of such magnitude as
to prejudice the life, health or property of inhabitants in two or
more cities or provinces.
All defenses not raised in the return shall be deemed waived.
The return shall include affidavits of witnesses, documentary

evidence, scientific or other expert studies, and if possible, object
evidence, in support of the defense of the respondent.
A general denial of allegations in the petition shall be considered

as an admission thereof.

SEC. 9. Prohibited pleadings and motions.—The following
pleadings and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
SEC. 10. Effect of failure to file return.—In case the respondent

fails to file a return, the court shall proceed to hear the petition ex
parte.
SEC. 11. Hearing.—Upon receipt of the return of the respondent,

the court may call a preliminary conference to simplify the issues,
determine the possibility of obtaining stipulations or admissions
from the parties, and set the petition for hearing.
The hearing including the preliminary conference shall not extend

beyond sixty (60) days and shall be given the same priority as
petitions for the writs of habeas corpus, amparo and habeas data.
SEC. 12. Discovery Measures.—A party may file a verified motion

for the following reliefs:
(a) Ocular Inspection; order — The motion must show that an

ocular inspection order is necessary to establish the magnitude of
the violation or the threat as to prejudice the

life, health or property of inhabitants in two or more cities or
provinces. It shall state in detail the place or places to be
inspected. It shall be supported by affidavits of witnesses having
personal knowledge of the violation or threatened violation of
environmental law.
After hearing, the court may order any person in possession or

control of a designated land or other property to permit entry for
the purpose of inspecting or photographing the property or any
relevant object or operation thereon.
The order shall specify the person or persons authorized to make

the inspection and the date, time, place and manner of making the
inspection and may prescribe other conditions to protect the
constitutional rights of all parties.
(b) Production or inspection of documents or things; order – The

motion must show that a production order is necessary to
establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or more
cities or provinces.
After hearing, the court may order any person in possession,

custody or control of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things, or
objects in digitized or electronic form, which constitute or contain
evidence relevant to the petition or the return, to produce and
permit their inspection, copying or photographing by or on behalf
of the movant.
The production order shall specify the person or persons

authorized to make the production and the date, time, place and
manner of making the inspection or production and may prescribe
other conditions to protect the constitutional rights of all parties.
SEC. 13. Contempt.—The court may after hearing punish the

respondent who refuses or unduly delays the filing of a return, or
who makes a false return, or any person who disobeys or resists a

lawful process or order of the court for indirect contempt under
Rule 71 of the Rules of Court.
SEC. 14. Submission of case for decision; filing of memoranda.—

After hearing, the court shall issue an order submitting the case
for decision. The court may require the filing of memoranda and if
possible, in its electronic form, within a non-extendible period of
thirty (30) days from the date the petition is submitted for
decision.
SEC. 15. Judgment.—Within sixty (60) days from the time the
petition is submitted for decision, the court shall render judgment
granting or denying the privilege of the writ of kalikasan.
The reliefs that may be granted under the writ are the following:
(a) Directing respondent to permanently cease and desist from

committing acts or neglecting the performance of a duty in
violation of environmental laws resulting in environmental
destruction or damage;
(b) Directing the respondent public official, government agency,

private person or entity to protect, preserve, rehabilitate or restore
the environment;
(c) Directing the respondent public official, government agency,

private person or entity to monitor strict compliance with the
decision and orders of the court;
(d) Directing the respondent public official, government agency, or

private person or entity to make periodic reports on the execution
of the final judgment; and
(e) Such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection, preservation,
rehabilitation or restoration of the environment, except the award
of damages to individual petitioners.
SEC. 16. Appeal.— Within fifteen (15) days from the date of notice
of the adverse judgment or denial of motion for reconsideration,

any party may appeal to the Supreme Court under Rule 45 of the
Rules of Court. The appeal may raise questions of fact.
SEC. 17. Institution of separate actions.—The filing of a petition for

the issuance of the writ of kalikasan shall not preclude the filing of
separate civil, criminal or administrative actions.
RULE 8 : WRIT OF CONTINUING MANDAMUS
SECTION 1. Petition for continuing mandamus.—When any

agency or instrumentality of the government or officer thereof
unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or
station in connection with the enforcement or violation of an
environmental law rule or regulation or a right therein, or
unlawfully excludes another from the use or enjoyment of such
right and there is no other plain, speedy and adequate remedy in
the ordinary course of law, the person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with
certainty, attaching thereto supporting evidence, specifying that
the petition concerns an environmental law, rule or regulation,
and praying that judgment be rendered commanding the
respondent to do an act or series of acts until the judgment is fully
satisfied, and to pay damages sustained by the petitioner by reason
of the malicious neglect to perform the duties of the respondent,
under the law, rules or regulations. The petition shall also contain
a sworn certification of non-forum shopping.
SEC. 2. Where to file the petition.—The petition shall be filed with

the Regional Trial Court exercising jurisdiction over the territory
where the actionable neglect or omission occurred or with the
Court of Appeals or the Supreme Court.
SEC. 3. No docket fees.—The petitioner shall be exempt from the

payment of docket fees.
SEC. 4. Order to comment.—If the petition is sufficient in form

and substance, the court shall issue the writ and require the
respondent to comment on the petition within ten (10) days from
receipt of a copy thereof. Such order shall be served on the

respondents in such manner as the court may direct, together with
a copy of the petition and any annexes thereto.
SEC. 5. Expediting proceedings; TEPO.—The court in which the

petition is filed may issue such orders to expedite the proceedings,
and it may also grant a TEPO for the preservation of the rights of
the parties pending such proceedings.
SEC. 6. Proceedings after comment is filed.—After the comment is

filed or the time for the filing thereof has expired, the court may
hear the case which shall be summary in nature or require the
parties to submit memoranda. The petition shall be resolved
without delay within sixty (60) days from the date of the
submission of the petition for resolution.
SEC. 7. Judgment.—If warranted, the court shall grant the

privilege of the writ of continuing mandamus requiring
respondent to perform an act or series of acts until the judgment is
fully satisfied and to grant such other reliefs as may be warranted
resulting from the wrongful or illegal acts of the respondent. The
court shall require the respondent to submit periodic reports
detailing the progress and execution of the judgment, and the
court may, by itself or through a commissioner or the appropriate
government agency, evaluate and monitor compliance. The
petitioner may submit its comments or observations on the
execution of the judgment.
SEC. 8. Return of the writ.—The periodic reports submitted by the

respondent detailing compliance with the judgment shall be
contained in partial returns of the writ.
Upon full satisfaction of the judgment, a final return of the writ

shall be made to the court by the respondent. If the court finds
that the judgment has been fully implemented, the satisfaction of
judgment shall be entered in the court docket.

PART IV
CRIMINAL PROCEDURE
RULE 9 : PROSECUTION OF OFFENSES
SECTION 1. Who may file.—Any offended party, peace officer or

any public officer charged with the enforcement of an
environmental law may file a complaint before the proper officer
in accordance with the Rules of Court.
SEC. 2. Filing of the information.—An information, charging a

person with a violation of an environmental law and subscribed by
the prosecutor, shall be filed with the court.
SEC. 3. Special prosecutor.—In criminal cases, where there is no

private offended party, a counsel whose services are offered by any
person or organization may be allowed by the court as special
prosecutor, with the consent of and subject to the control and
supervision of the public prosecutor.
RULE 10 : PROSECUTION OF CIVIL ACTIONS
SECTION 1. Institution of criminal and civil actions.—When a

criminal action is instituted, the civil action for the recovery of
civil liability arising from the offense charged, shall be deemed
instituted with the criminal action unless the complainant waives
the civil action, reserves the right to institute it separately or
institutes the civil action prior to the criminal action.
Unless the civil action has been instituted prior to the criminal
action, the reservation of the right to institute separately the civil
action shall be made during arraignment.
In case civil liability is imposed or damages are awarded, the filing

and other legal fees shall be imposed on said award in accordance
with Rule 141 of the Rules of Court, and the fees shall constitute a
first lien on the judgment award. The damages awarded in cases
where there is no private offended party, less the filing fees, shall
accrue to the funds of the agency charged with the implementation

of the environmental law violated. The award shall be used for the
restoration and rehabilitation of the environment adversely
affected.
RULE 11 : ARREST
SECTION 1. Arrest without warrant; when lawful.—A peace officer

or an individual deputized by the proper government agency may,
without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has

committed, is actually committing or is attempting to commit an
offense; or
(b) When an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it.
Individuals deputized by the proper government agency who are

enforcing environmental laws shall enjoy the presumption of
regularity under Section 3(m), Rule 131 of the Rules of Court when
effecting arrests for violations of environmental laws.
SEC. 2. Warrant of arrest.—All warrants of arrest issued by the

court shall be accompanied by a certified true copy of the
information filed with the issuing court.
RULE 12 : CUSTODY AND DISPOSITION OF SEIZED ITEMS,

EQUIPMENT, PARAPHERNALIA, CONVEYANCES AND
INSTRUMENTS
SECTION 1. Custody and disposition of seized items.—The custody

and disposition of seized items shall be in accordance with the
applicable laws or rules promulgated by the concerned
government agency.
SEC. 2. Procedure.—In the absence of applicable laws or rules

promulgated by the concerned government agency, the following
procedure shall be observed:

(a) The apprehending officer having initial custody and control of
the seized items, equipment, paraphernalia, conveyances and
instruments shall physically inventory and whenever practicable,
photograph the same in the presence of the person from whom
such items were seized.
(b) Thereafter, the apprehending officer shall submit to the issuing

court the return of the search warrant within five (5) days from
date of seizure or in case of warrantless arrest, submit within five
(5) days from date of seizure, the inventory report, compliance
report, photographs, representative samples and other pertinent
documents to the public prosecutor for appropriate action.
(c) Upon motion by any interested party, the court may direct the
auction sale of seized items, equipment, paraphernalia, tools or
instruments of the crime. The court shall, after hearing, fix the
minimum bid price based on the recommendation of the
concerned government agency.
The sheriff shall conduct the auction.
(d) The auction sale shall be with notice to the accused, the person
from whom the items were seized, or the owner thereof and the
concerned government agency.
(e) The notice of auction shall be posted in three conspicuous

places in the city or municipality where the items, equipment,
paraphernalia, tools or instruments of the crime were seized.
(f) The proceeds shall be held in trust and deposited with the
government depository bank for disposition according to the
judgment.
RULE 13 : PROVISIONAL REMEDIES
SECTION 1. Attachment in environmental cases.—The provisional

remedy of attachment under Rule 127 of the Rules of Court may be
availed of in environmental cases.

SEC. 2. Environmental Protection Order (EPO); Temporary
Environmental Protection Order (TEPO) in criminal cases.—The
procedure for and issuance of EPO and TEPO shall be governed by
Rule 2 of these Rules.
RULE 14 : BAIL
SECTION 1. Bail, where filed.—Bail in the amount fixed may be

filed with the court where the case is pending, or in the absence or
unavailability of the judge thereof, with any regional trial judge,
metropolitan trial judge, municipal trial judge or municipal circuit
trial judge in the province, city or municipality. If the accused is
arrested in a province, city or municipality other than where the
case is pending, bail may also be filed with any Regional Trial
Court of said place, or if no judge thereof is available, with any
metropolitan trial judge, municipal trial judge or municipal circuit
trial judge therein. If the court grants bail, the court may issue a
hold-departure order in appropriate cases.
SEC. 2. Duties of the court.—Before granting the application for

bail, the judge must read the information in a language known to
and understood by the accused and require the accused to sign a
written undertaking, as follows:
(a) To appear before the court that issued the warrant of arrest for
arraignment purposes on the date scheduled, and if the accused
fails to appear without justification on the date of arraignment,
accused waives the reading of the information and authorizes the
court to enter a plea of not guilty on behalf of the accused and to
set the case for trial;
(b) To appear whenever required by the court where the case is

pending; and
(c) To waive the right of the accused to be present at the trial, and
upon failure of the accused to appear without justification and
despite due notice, the trial may proceed in absentia.

RULE 15 : ARRAIGNMENT AND PLEA
SECTION 1. Arraignment.—The court shall set the arraignment of

the accused within fifteen (15) days from the time it acquires
jurisdiction over the accused, with notice to the public prosecutor
and offended party or concerned government agency that it will
entertain plea-bargaining on the date of the arraignment.
SEC. 2. Plea-bargaining.—On the scheduled date of arraignment,

the court shall consider plea-bargaining arrangements.
Where the prosecution and offended party or concerned

government agency agree to the plea offered by the accused, the
court shall:
(a) Issue an order which contains the plea-bargaining arrived at;
(b) Proceed to receive evidence on the civil aspect of the case, if

any; and
(c) Render and promulgate judgment of conviction, including the

civil liability for damages.
RULE 16 : PRE-TRIAL
SECTION 1. Setting of pre-trial conference—After the

arraignment, the court shall set the pre-trial conference within
thirty (30) days. It may refer the case to the branch clerk of court,
if warranted, for a preliminary conference to be set at least three
(3) days prior to the pre-trial.
SEC. 2. Preliminary conference.—The preliminary conference shall

be for the following purposes:
(a) To assist the parties in reaching a settlement of the civil aspect

of the case;
(b) To mark the documents to be presented as exhibits;

(c) To attach copies thereof to the records after comparison with
the originals;
(d) To ascertain from the parties the undisputed facts and

admissions on the genuineness and due execution of documents
marked as exhibits;
(e) To consider such other matters as may aid in the prompt

disposition of the case;
(f) To record the proceedings during the preliminary conference in

the Minutes of Preliminary Conference to be signed by the parties
and counsel;
(g) To mark the affidavits of witnesses which shall be in question

and answer form and shall constitute the direct examination of the
witnesses; and
(h) To attach the Minutes and marked exhibits to the case record
before the pre-trial proper.
The parties or their counsel must submit to the branch clerk of

court the names, addresses and contact numbers of the affiants.
SEC. 3. Pre-trial duty of the judge.—During the pre-trial, the court

shall:
(a) Place the parties and their counsels under oath;
(b) Adopt the minutes of the preliminary conference as part of the

pre-trial proceedings, confirm markings of exhibits or substituted
photocopies and admissions on the genuineness and due
execution of documents, and list object and testimonial evidence;
(c) Scrutinize the information and the statements in the affidavits

and other documents which form part of the record of the
preliminary investigation together with other documents
identified and marked as exhibits to determine further admissions
of facts as to:

i. The court’s territorial jurisdiction relative to the offense(s)
charged;
ii. Qualification of expert witnesses; and
iii. Amount of damages;
(d) Define factual and legal issues;
(e) Ask parties to agree on the specific trial dates and adhere to the
flow chart determined by the court which shall contain the time
frames for the different stages of the proceeding up to
promulgation of decision;
(f) Require the parties to submit to the branch clerk of court the
names, addresses and contact numbers of witnesses that need to
be summoned by subpoena; and
(g) Consider modification of order of trial if the accused admits the

charge but interposes a lawful defense.
SEC. 4. Manner of questioning.—All questions or statements must

be directed to the court.
SEC. 5. Agreements or admissions.—All agreements or admissions

made or entered during the pre-trial conference shall be reduced
in writing and signed by the accused and counsel; otherwise, they
cannot be used against the accused. The agreements covering the
matters referred to in Section 1, Rule 118 of the Rules of Court
shall be approved by the court.
SEC. 6. Record of proceedings.—All proceedings during the pre-

trial shall be recorded, the transcripts prepared and the minutes
signed by the parties or their counsels.
SEC. 7. Pre-trial order.—The court shall issue a pre-trial order

within ten (10) days after the termination of the pre-trial, setting
forth the actions taken during the pre-trial conference, the facts
stipulated, the admissions made, evidence marked, the number of

witnesses to be presented and the schedule of trial. The order shall
bind the parties and control the course of action during the trial.
RULE 17 : TRIAL
SECTION 1. Continuous trial.—The court shall endeavor to

conduct continuous trial which shall not exceed three (3) months
from the date of the issuance of the pre-trial order.
SEC. 2. Affidavit in lieu of direct examination.—Affidavit in lieu of

direct examination shall be used, subject to cross-examination and
the right to object to inadmissible portions of the affidavit.
SEC. 3. Submission of memoranda.—The court may require the

parties to submit their respective memoranda and if possible, in
electronic form, within a non-extendible period of thirty (30) days
from the date the case is submitted for decision.
With or without any memoranda filed, the court shall have a

period of sixty (60) days to decide the case counted from the last
day of the 30-day period to file the memoranda.
SEC. 4. Disposition period.—The court shall dispose the case

within a period of ten (10) months from the date of arraignment.
SEC. 5. Pro bono lawyers.—If the accused cannot afford the

services of counsel or there is no available public attorney, the
court shall require the Integrated Bar of the Philippines to provide
pro bono lawyers for the accused.
RULE 18 : SUBSIDIARY LIABILITY
SECTION 1. Subsidiary liability.—In case of conviction of the

accused and subsidiary liability is allowed by law, the court may,
by motion of the person entitled to recover under judgment,
enforce such subsidiary liability against a person or corporation
subsidiarily liable under Article 102 and Article 103 of the Revised
Penal Code.

RULE 19 : STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION IN CRIMINAL CASES
SECTION 1. Motion to dismiss.—Upon the filing of an information

in court and before arraignment, the accused may file a motion to
dismiss on the ground that the criminal action is a SLAPP.
SEC. 2. Summary hearing.—The hearing on the defense of a

SLAPP shall be summary in nature. The parties must submit all
the available evidence in support of their respective positions. The
party seeking the dismissal of the case must prove by substantial
evidence that his acts for the enforcement of environmental law is
a legitimate action for the protection, preservation and
rehabilitation of the environment. The party filing the action
assailed as a SLAPP shall prove by preponderance of evidence that
the action is not a SLAPP.
SEC. 3. Resolution.—The court shall grant the motion if the

accused establishes in the summary hearing that the criminal case
has been filed with intent to harass, vex, exert undue pressure or
stifle any legal recourse that any person, institution or the

government has taken or may take in the enforcement of
environmental laws, protection of the environment or assertion of
environmental rights.
If the court denies the motion, the court shall immediately proceed
with the arraignment of the accused.
PART V
EVIDENCE
RULE 20 : PRECAUTIONARY PRINCIPLE
SECTION 1. Applicability.—When there is a lack of full scientific

certainty in establishing a causal link between human activity and

environmental effect, the court shall apply the precautionary
principle in resolving the case before it.
The constitutional right of the people to a balanced and healthful

ecology shall be given the benefit of the doubt.
SEC. 2. Standards for application.—In applying the precautionary

principle, the following factors, among others, may be considered:
(1) threats to human life or health; (2) inequity to present or future
generations; or (3) prejudice to the environment without legal
consideration of the environmental rights of those affected.
RULE 21 : DOCUMENTARY EVIDENCE
SECTION 1. Photographic, video and similar evidence.—

Photographs, videos and similar evidence of events, acts,
transactions of wildlife, wildlife by-products or derivatives, forest
products or mineral resources subject of a case shall be admissible
when authenticated by the person who took the same, by some
other person present when said evidence was taken, or by any
other person competent to testify on the accuracy thereof.
SEC. 2. Entries in official records.—Entries in official records

made in the performance of his duty by a public officer of the
Philippines, or by a person in performance of a duty specially
enjoined by law, are prima facie evidence of the facts therein
stated.
RULE 22 : FINAL PROVISIONS
SECTION 1. Effectivity.—These Rules shall take effect within

fifteen (15) days following publication once in a newspaper of
general circulation.
SEC. 2. Application of the Rules of Court.—The Rules of Court

shall apply in a suppletory manner, except as otherwise provided
herein.

SUB-COMMITTEE ON THE RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
Chairperson
CHIEF JUSTICE REYNATO S. PUNO
Members
JUSTICE PRESBITERO J. VELASCO, JR.

JUSTICE DIOSDADO M. PERALTA
JUSTICE LUCAS P. BERSAMIN
JUSTICE MA. ALICIA AUSTRIA-MARTINEZ (RET.)
COMMISSIONER MARY ANN LUCILLE L. SERING
JUDGE MYRNA LIM-VERANO
ATTY. ASIS G. PEREZ
Secretary
ATTY. ABIGAIL T. SZE
Asst. Secretary
ATTY. FERMIN NESTOR A. GADRINAB
Secretariat
ATTY. MARIA CAMILLE G. LANTION

JAMES CHRISTIAN A. BITANGA, ESQ.
MS. LIDA A. PILAPIL
MS. CLARITA T. ESCARDA

RULE ON DNA EVIDENCE
2007 Oct 15
A.M. No. 06-11-5-SC
SECTION. 1. Scope.—This Rule shall apply whenever DNA evidence, as

defined in Section 3 hereof, is offered, used, or proposed to be offered
or used as evidence in all criminal and civil actions as well as special
proceedings.
SEC. 2. Application of other Rules on Evidence.—In all matters not

specifically covered by this Rule, the Rules of Court and other
pertinent provisions of law on evidence shall apply.
SEC. 3. Definition of Terms.—For purposes of this Rule, the following

terms shall be defined as follows:
(a) “Biological sample” means any organic material originating from

a person’s body, even if found in inanimate objects, that is susceptible
to DNA testing. This includes blood, saliva and other body fluids,
tissues, hairs and bones;
(b) “DNA” means deoxyribonucleic acid, which is the chain of

molecules found in every nucleated cell of the body. The totality of an
individual’s DNA is unique for the individual, except identical twins;
(c) “DNA evidence” constitutes the totality of the DNA profiles,

results and other genetic information directly generated from DNA
testing of biological samples;
(d) “DNA profile” means genetic information derived from DNA

testing of a biological sample obtained from a person, which biological
sample is clearly identifiable as originating from that person;
(e) “DNA testing” means verified and credible scientific methods

which include the extraction of DNA from biological samples, the
generation of DNA profiles and the comparison of the information
obtained from the DNA testing of biological samples for the purpose of
determining, with reasonable certainty, whether or not the DNA
obtained from two or more distinct biological samples originates from
the same person (direct identification) or if the biological samples
originate from related persons (kinship analysis); and
(f) “Probability of Parentage” means the numerical estimate for the

likelihood of parentage of a putative parent compared with the

probability of a random match of two unrelated individuals in a given
population.
SEC. 4. Application for DNA Testing Order.—The appropriate court

may, at any time, either motu proprio or on application of any person
who has a legal interest in the matter in litigation, order a DNA testing.
Such order shall issue after due hearing and notice to the parties upon
a showing of the following:
(a) A biological sample exists that is relevant to the case;
(b) The biological sample:
(i) was not previously subjected to the type of DNA testing now
requested; or
(ii) was previously subjected to DNA testing, but the results may
require confirmation for good reasons;
(c) The DNA testing uses a scientifically valid technique;
(d) The DNA testing has the scientific potential to produce new
information that is relevant to the proper resolution of the case; and
(e) The existence of other factors, if any, which the court may
consider as potentially affecting the accuracy or integrity of the DNA
testing.
This Rule shall not preclude a DNA testing, without need of a prior
court order, at the behest of any party, including law enforcement
agencies, before a suit or proceeding is commenced.
SEC. 5. DNA Testing Order.—If the court finds that the requirements
in Section 4 hereof have been complied with, the court shall —
(a) Order, where appropriate, that biological samples be taken from

any person or crime scene evidence;
(b) Impose reasonable conditions on DNA testing designed to

protect the integrity of the biological sample, the testing process and
the reliability of the test results, including the condition that the DNA
test results shall be simultaneously disclosed to parties involved in the
case; and
(c) If the biological sample taken is of such an amount that prevents

the conduct of confirmatory testing by the other or the adverse party

and where additional biological samples of the same kind can no
longer be obtained, issue an order requiring all parties to the case or
proceedings to witness the DNA testing to be conducted.
An order granting the DNA testing shall be immediately executory and

shall not be appealable. Any petition for certiorari initiated therefrom
shall not, in any way, stay the implementation thereof, unless a higher
court issues an injunctive order. The grant of a DNA testing
application shall not be construed as an automatic admission into
evidence of any component of the DNA evidence that may be obtained
as a result thereof.
SEC. 6. Post-conviction DNA Testing.—Post-conviction DNA testing

may be available, without need of prior court order, to the prosecution
or any person convicted by final and executory judgment provided that
(a) a biological sample exists, (b) such sample is relevant to the case,
and (c) the testing would probably result in the reversal or
modification of the judgment of conviction.
SEC. 7. Assessment of probative value of DNA evidence.—In assessing

the probative value of the DNA evidence presented, the court shall
consider the following:
(a) The chain of custody, including how the biological samples were
collected, how they were handled, and the possibility of contamination
of the samples;
(b) The DNA testing methodology, including the procedure followed

in analyzing the samples, the advantages and disadvantages of the
procedure, and compliance with the scientifically valid standards in
conducting the tests;
(c) The forensic DNA laboratory, including accreditation by any

reputable standards-setting institution and the qualification of the
analyst who conducted the tests. If the laboratory is not accredited, the
relevant experience of the laboratory in forensic casework and
credibility shall be properly established; and
(d) The reliability of the testing result, as hereinafter provided.
The provisions of the Rules of Court concerning the appreciation of

evidence shall apply suppletorily.
SEC. 8. Reliability of DNA Testing Methodology.—In evaluating

whether the DNA testing methodology is reliable, the court shall
consider the following:

(a) The falsifiability of the principles or methods used, that is,
whether the theory or technique can be and has been tested;
(b) The subjection to peer review and publication of the principles

or methods;
(c) The general acceptance of the principles or methods by the

relevant scientific community;
(d) The existence and maintenance of standards and controls to

ensure the correctness of data generated;
(e) The existence of an appropriate reference population database;

and
(f) The general degree of confidence attributed to mathematical

calculations used in comparing DNA profiles and the significance and
limitation of statistical calculations used in comparing DNA profiles.
SEC. 9. Evaluation of DNA Testing Results.—In evaluating the results

of DNA testing, the court shall consider the following:
(a) The evaluation of the weight of matching DNA evidence or the

relevance of mismatching DNA evidence;
(b) The results of the DNA testing in the light of the totality of the
other evidence presented in the case; and that
(c) DNA results that exclude the putative parent from paternity shall
be conclusive proof of non-paternity. If the value of the Probability of
Paternity is less than 99.9%, the results of the DNA testing shall be
considered as corroborative evidence. If the value of the Probability of
Paternity is 99.9% or higher, there shall be a disputable presumption
of paternity.
SEC. 10. Post-conviction DNA Testing. Remedy if the Results Are

Favorable to the Convict.— The convict or the prosecution may file a
petition for a writ of habeas corpus in the court of origin if the results
of the post-conviction DNA testing are favorable to the convict. In case
the court, after due hearing, finds the petition to be meritorious, it
shall reverse or modify the judgment of conviction and order the
release of the convict, unless continued detention is justified for a
lawful cause.
A similar petition may be filed either in the Court of Appeals or the

Supreme Court, or with any member of said courts, which may

conduct a hearing thereon or remand the petition to the court of origin
and issue the appropriate orders.
SEC. 11. Confidentiality.—DNA profiles and all results or other

information obtained from DNA testing shall be confidential. Except
upon order of the court, a DNA profile and all results or other
information obtained from DNA testing shall only be released to any of
the following, under such terms and conditions as may be set forth by
the court:
(a) Person from whom the sample was taken;
(b) Lawyers representing parties in the case or action where the

DNA evidence is offered and presented or sought to be offered and
presented;
(c) Lawyers of private complainants in a criminal action;
(d) Duly authorized law enforcement agencies; and
(e) Other persons as determined by the court.
Whoever discloses, utilizes or publishes in any form any information

concerning a DNA profile without the proper court order shall be liable
for indirect contempt of the court wherein such DNA evidence was
offered, presented or sought to be offered and presented.
Where the person from whom the biological sample was taken files a
written verified request to the court that allowed the DNA testing for
the disclosure of the DNA profile of the person and all results or other
information obtained from the DNA testing, the same may be
disclosed to the persons named in the written verified request.
SEC. 12. Preservation of DNA Evidence.—The trial court shall preserve

the DNA evidence in its totality, including all biological samples, DNA
profiles and results or other genetic information obtained from DNA
testing. For this purpose, the court may order the appropriate
government agency to preserve the DNA evidence as follows:
(a) In criminal cases:
i. for not less than the period of time that any person is under
trial for an offense; or,
ii. in case the accused is serving sentence, until such time as the
accused has served his sentence; and

(b) In all other cases, until such time as the decision in the case
where the DNA evidence was introduced has become final and
executory.
The court may allow the physical destruction of a biological sample

before the expiration of the periods set forth above, provided that:
(a) A court order to that effect has been secured; or
(b) The person from whom the DNA sample was obtained has
consented in writing to the disposal of the DNA evidence.
SEC. 13. Applicability to Pending Cases.—Except as provided in

Sections 6 and 10 hereof, this Rule shall apply to cases pending at the
time of its effectivity.
SEC. 14. Effectivity.—This Rule shall take effect on October 15, 2007,
following publication in a newspaper of general circulation.

CHAPTER IX
RULES OF EVIDENCE

I. GENERAL PROVISION
1. Evidence - The means of ascertaining in a judicial

proceeding the truth respecting a matter of fact.
2. Scope - The rules of evidence shall be the same in all
courts and in all trials and hearings, except as otherwise
provided by law or the rules of court.
3. Admissibility - Evidence is admissible when it is
relevant to the issue and is not excluded by the law of the
rules of evidence.
RELEVANT JURISPRUDENCE:
For evidence to be admissible, two elements must comply

with two qualifications: (a) relevance, and (b)
competence. Evidence is relevant if it has relation to the
fact at issue as to induce a belief in its existence or
nonexistence. On the other hand, evidence is competent if
it not excluded by the law or by the Rules of Court.
(Gumabon v. PNB, G.R. No. 202514, July 25, 2016).
Example:
In a trial for murder, the prosecution witness testified

that he was sure that it was the accused who killed the
victim because his brother told him so. Although the
testimony is relevant, his testimony is hearsay that is
excluded by Sec. 36, Rule 130 of the Rules of Court. His
testimony is relevant but incompetent and therefore
inadmissible.
4. Relevancy; collateral matters - Evidence must have

such a relation to the fact at issue as to induce belief in its
existence or non-existence.
Evidence on collateral matters shall not be allowed,

except when it tends in any reasonable degree to establish
the probability or improbability of the fact in issue.

II. What Need Not Be Proven
1. Judicial Notice (mandatory)
a. Existence and territorial extent of states, their political

history, forms of government and symbols of
nationality;
b. The law of nations, the admiralty and maritime courts
of the world and their seals;
c. The political constitution and history of the
Philippines, the official acts of legislative, executive
and judicial departments of the Philippines;
d. The laws of nature;
e. The measure of time; and
f. The geographical divisions.
2. Judicial Notice (discretionary)
a. Matters which are of public knowledge; or

b. Are capable to unquestionable demonstration; or
c. Ought to be known to judges because of their judicial
functions.
3. Judicial Admissions - An admission, whether verbal or

written, made by the party in the course of the proceedings
in the same case, does not require proof. The admission
may be contradicted only by showing that it was made
through palpable mistake or that no such admission was
made.
Relevant jurisprudence:
1. A judicial admission binds the person who makes the

same, and absent any showing that it was made thru
palpable mistake, no amount of rationalization can
offset it (Gubatanga v. Bodoy, A.. No. P-16-3447, April
19, 2016).
2. A party who judicially admits a fact cannot later

challenge that fact. as judicial admissions are a waiver
of proof; production of evidence is dispensed with. A
judicial admission also removes an admitted fact from

the field of controversy. (Tan v. People, G.R. No.
218902, October 17, 2016).
3. As the aforesaid Joint Stipulation of Facts was reduced

into writing and signed by the parties and their
counsels, thus, they are bound by it and the same
becomes judicial admissions of the facts stipulated.
(Tan v. People, G.R. No. 218902, October 17, 2016).
4. Judicial notice, when hearing necessary. During the

trial, the court, on its own initiative, or on request of a
party, may announce its intention to take judicial
notice of any matter and allow the parties to be heard
thereon.
5. After the trial, and before judgment or on appeal, the

proper court, on its own initiative or on request of a
party, may take judicial notice of any matter and allow
the parties to be heard thereon if such matter is
decisive of a material issue in the case.
III. Rules of Admissibility
A. OBJECT (REAL) EVIDENCE: Objects as evidence are

those addressed to the senses of the court. When an object
is relevant to the fact in issue, it may be exhibited to,
examined, or viewed by the court.
B. DOCUMENTARY EVIDENCE: Documents as evidence

consist of writing or any material containing letters, words,
numbers, figures, symbols or other modes of written
expression offered as proof of their contents.
1. Best Evidence Rule
When the subject of inquiry is the contents of a

document, no evidence shall be admissible other
than the original document itself.

Exceptions
a. When the original has been lost or destroyed, or

cannot be produced in court, without bad faith on
the part of the offeror;
b. When the original is in the custody or under the

control of the party against whom the evidence is
offered, and the latter fails to produce it after
reasonable notice;
c. When the original consists of numerous accounts

or other documents which cannot be examined in
court without great loss of time and the fact sought
to be established from them is only the general
result of the whole; and
d. When the original is a public record in the custody

of a public officer or is recorded in a public office.
Original of Document
a. The original of the document is one the contents of

which are the subject of inquiry;
b. When a document is in two or more copies
executed at or about the same time, with identical
contents, all such copies are equally regarded as
originals;
c. When an entry is repeated in the regular course of
business, one being copied from another at or near
the time of the transaction, all the entries are
likewise equally regarded as originals.
Illustration of the best evidence rule:
Illustration 1:
In a case where the counsel wants to show that a sale

transaction between Buyer B and Seller S happened and a

deed of sale was signed, the following questions were
asked:
Q: Mr. Witness, where were you on May 23, 2016 at

around 10:00 a.m.?
A: I was at the residence of B at San Lorenzo Village
in Makati.
Q: Where there other people there?

A: Yes, aside from me and B, W, S, and N were also
there.
Q: Why were you at B’s residence?

A: I was there to witness the sale of S’s property to B
and to sign as a witness in the Deed of Sale.
Q: Did you sign this Deed of Sale?
Opposing counsel objects: “Objection your Honor,

the best evidence is the Deed of Sale.”
The judge should overrule the objection. The

best evidence rule does not apply as the
contents of the Deed of Sale is not in issue. The
counsel merely wanted to know whether the
witness signed the Deed of Sale.
Illustration 2:
Q: Who is N and why was he there?

A: N is a notary public and he was there to notarize
the Deed of Sale.
Q: Do you have any knowledge if N notarized the

Deed of Sale?
Opposing counsel objects: “Objection your Honor,

the best evidence is the Deed of Sale.”

The judge must overrule the objection again since
the contents of the Deed of sale is not in issue.
Counsel is merely asking whether the witness has
personal knowledge that N notarized the Deed of
Sale.
Illustration 3:
Q: Did you read the Deed of Sale before you signed

it as witness?
A: Yes, sir.
Q: Please tell us what was the purchase price
written on the Deed of Sale and the terms of
payment.
Here, the question already refers to the contents of the

document which is not allowed as it violates the best
evidence rule. If the opposing counsel objects, the
judge must sustain it.
2. Secondary Evidence
a. When original document is unavailable.
When the original document has been lost or

destroyed, or cannot be produced in court, the
offeror, upon proof of its execution or existence and
the cause of its unavailability without bad faith on
his part, may prove its contents by a copy, or by a
recital of its contents in some authentic document,
or by the testimony of witnesses in the order stated.
1. Anent the subject check, while the Best Evidence

Rule under Section 3, Rule 130 of the Rules of
Court states that generally, the original copy of
the document must be presented whenever the
content of the document is under inquiry, the
rule admits of certain exceptions, such as
"[w]hen the original has been lost or destroyed,

or cannot be produced in court, without bad
faith on the part of the offeror." In order to fall
under the aforesaid exception, it is crucial that
the offeror proves: (a) the existence or due
execution of the original; (b) the loss and
destruction of the original, or the reason for its
non-production in court; and (c) the absence of
bad faith on the part of the offeror to which the
unavailability of the original can be attributed.
In this case, BPI sufficiently complied with the

foregoing requisites. First, the existence or due
execution of the subject check was admitted by
both parties. Second, the reason for the non-
presentation of the original copy of the subject
check was justifiable as it was confiscated by
the US government for being an altered check.
The subject check, being a US Treasury
Warrant, is not an ordinary check, and
practically speaking, the same could not be
easily obtained. Lastly, absent any proof to the
contrary and for the reasons already stated, no
bad faith can be attributed to BPI for its failure
to present the original of the subject check.
Thus, applying the exception to the Best
Evidence Rule, the presentation of the
photocopy of the subject check as secondary
evidence was permissible. (Bank of the
Philippine Islands v. Mendoza, G.R. No.
198799, [March 20, 2017]).
2. Secondary evidence is admissible when the

original documents were actually lost or
destroyed. But prior to the introduction of such
secondary evidence, the proponent must
establish the former existence of the document.
The correct order of proof is as follows:
existence; execution; loss; contents.
This order may be changed if necessary in the

discretion of the court. (Intestate Estate of San
Pedro y Esteban v. Court of Appeals, G.R. No.
103727, 106496, [December 18, 1996], 333
PHIL 597-637).

b. When the original document is in the adverse
party's custody or control.
If the document is in the custody or under the control

of an adverse party, the adverse party must have
reasonable notice to produce it. If, after such notice
and after satisfactory proof of its existence, he/she
fails to produce the document, secondary evidence
may be presented as in the case of its loss.
1. To warrant the admissibility of secondary evidence

when the original of a writing is in the custody or
control of the adverse party, Section 6 of Rule 130
provides that the adverse party must be given
reasonable notice, that he fails or refuses to
produce the same in court and that the offeror
offers satisfactory proof of its existence.
The mere fact that the original of the writing is in

the custody or control of the party against whom
it is offered does not warrant the admission of
secondary evidence. The offeror must prove that
he has done all in his power to secure the best
evidence by giving notice to the said party to
produce the document. The notice may be in the
form of a motion for the production of the original
or made in open court in the presence of the
adverse party or via a subpoena duces tecum,
provided that the party in custody of the original
has sufficient time to produce the same. When
such party has the original of the writing and does
not voluntarily offer to produce it or refuses to
produce it, secondary evidence may be admitted
(Bayani Magdayao v. People, G.R. No. 152881,
[August 17, 2004], 480 PHIL 374-391)
c. Evidence admissible when original document

is a public record.
When the original of document is in the custody of

public officer or is recorded in a public office, its
contents may be proved by a certified copy issued by
the public officer in custody thereof.

d. Party who calls for document not bound to
offer it.
A party who calls for the production of a

document and inspects the same is not obliged to
offer it as evidence.
3. Parole Evidence Rule
a. Evidence of written agreements. When the

terms of an agreement have been reduced to
writing, it is considered as containing all the terms
agreed upon and there can be, between the parties
and their successors in interest, no evidence of
such terms other than the contents of the written
agreement.
However, a party may present evidence to modify,

explain or add to the terms of a written agreement
if he/she puts it in issue in his pleading:
i) An intrinsic ambiguity, mistake or

imperfection in the written agreement;
ii) The failure of the written agreement to
express the true intent and agreement
of the parties thereto;
iii) The validity of the written agreement;
iv) The existence of other terms agreed to
by the parties or their successors in
interest after the execution of the
written agreement.
4. Interpretation of Documents
a. Interpretation of a writing according to its

legal meaning. The language of a writing is to
be interpreted according to the legal meaning
it bears in the place of its execution, unless
the parties intended otherwise.

b. Instrument construed so as to give effect to
all provisions. In the construction of an
instrument, where there are several
provisions or particulars, such a construction
is, if possible, to be adopted as will give effect
to all.
c. Interpretation according to intention;

general and particular provisions. In the
construction of an instrument, the intention
of the parties is to be pursued; and when a
general and a particular provision are
inconsistent, the latter is paramount to the
former. Thus a particular intent will control a
general one that is inconsistent with it.
d. Interpretation according to circumstances.

For the proper construction of an instrument,
the circumstances under which it was made,
including the situation of the subject thereof
and of the parties to it, may be shown, so that
the judge may be placed in the position of
those whose language he/she is to interpret.
e. Peculiar signification of terms. The terms of

a writing are presumed to have been used in
their primary and general acceptation, but
evidence is admissible to show that they have
a local, technical, or otherwise peculiar
signification, and were so used and
understood in the particular instance, in
which case the agreement must be construed
accordingly.
f. Written words control printed. When an

instrument consists partly of written words
and partly of a printed form, and the two are
inconsistent, the former controls the latter.
g. Experts and interpreters to be used in

explaining certain writings. When the
characters in which an instrument is written

are difficult to be deciphered, or the language
is not understood by the court, the evidence
of persons skilled in deciphering the
characters, or who understand the language,
is admissible to declare the characters or the
meaning of the language.
h. Of two constructions, which preferred. When

the terms of an agreement have been
intended in a different sense by the different
parties to it, that sense is to prevail against
either party in which he supposed the other
understood it, and when different
constructions of a provision are otherwise
equally proper, that is to be taken which is
the most favorable to the party in whose favor
the provision was made.
i. Construction in favor of natural right. When

an instrument is equally susceptible of two
interpretations, one in favor of natural right
and the other against it, the former is to be
adopted.
j. Interpretation according to usage. An

instrument may be construed according to
usage, in order to determine its true
character.
C. TESTIMONIAL EVIDENCE
1. Qualification of Witnesses
a. Witnesses; their qualifications. All persons,

except those disqualified by the Rules, who
can perceive, and perceiving, can make their
known perception to others, may be
witnesses.

Religious or political belief, interest in the
outcome of the case, or conviction of a crime
unless otherwise provided by law, shall not be
ground for disqualification.
b. Disqualification by reason of mental

incapacity or immaturity.
i) Those whose mental condition, at the

time of their production for examination,
is such that they are incapable of
intelligently making known their
perception to others;
ii) Children whose mental maturity is such

as to render them incapable of perceiving
the facts respecting which they are
examined and of relating them truthfully.
1. x x x That Evelyn is a mental retardate

does not disqualify her as a witness nor
render her testimony bereft of truth and
of relating them truthfully x x x. In
People v. Trelles, 340 SCRA 652 [2000],
where the trial court relied heavily on the
therein mentally retarded private
complainant's testimony regardless of
her "monosyllabic responses and
vacillations between lucidity and
ambiguity," this Court held:
A mental retardate or a feebleminded

person is not, per se, disqualified
from being a witness, her mental
condition not being a vitiation of her
credibility. It is now universally
accepted that intellectual weakness,
no matter what form it assumes, is
not a valid objection to the
competency of a witness so long as the
latter can still give a fairly intelligent
and reasonable narrative of the

matter testified to.
It cannot then be gainsaid that a

mental retardate can be a witness,
depending on his or her ability to
relate what he or she knows (People v.
Delos Santos, 364 SCRA 142, 156
[2001]). If his or her testimony is
coherent, the same is admissible in
court (People v. Lubong, 332 SCRA
672, 690 [2000]).
To be sure, modern rules on evidence

have downgraded mental incapacity as
a ground to disqualify a witness. As
observed by McCormick, the remedy of
excluding such a witness who may be
the only person available who knows
the facts, seems inept and primitive.
Our rules follow the modern trend of
evidence (People v. Espanola, 271
SCRA 689 [1997]).
Thus, in a long line of cases, this

Court has upheld the conviction of the
accused based mainly on statements
given in court by the victim who was a
mental retardate (People v. Golimlim,
G.R. No. 145225, [April 2, 2004]).
c. Disqualification by reason of marriage.

During their marriage, neither the husband
nor the wife may testify for or against the
other without the consent of the affected
spouse, except in a civil case by one against
the other, or in a criminal case for a crime
committed by one against the other or the
latter's direct descendants or ascendants.
1. The reasons given for the rule (marital

disqualification) are:
(a) There is identity of interests between

husband and wife;
(b) If one were to testify for or against the
other, there is consequent danger of
perjury;
(c) The policy of the law is to guard the
security and confidences of private
life, even at the risk of an occasional
failure of justice, and to prevent
domestic disunion and unhappiness;
and
(d) Where there is want of domestic
tranquility there is danger of
punishing one spouse through the
hostile testimony of the other. (People
v. Francisco, No. L-568, July 16, 1947,
78 Phil 694, and Cargill vs. State,
pac, 64, 65 Okl. Cr. 314; 35 A.L.R.,
133).
But like all other general rules, the

marital disqualification rule has its own
exceptions, both in civil actions between
the spouses and in criminal cases for
offenses committed by one against the
other. Like the rule itself, the exceptions
are backed by sound reasons which, in
the excepted cases, outweigh those in
support of the general rule. For instance,
where the marital and domestic relations
are so strained that there is no more
harmony to be preserved nor peace and
tranquility which may be disturbed, the
reason based upon such harmony and
tranquility fails. In such a case, identity of
interests disappears and the consequent
danger of perjury based on that identity is
non-existent. Likewise, in such a
situation, the security and confidences of
private life, which the law aims at
protecting, will be nothing but ideals,
which through their absence, merely
leave a void in the unhappy home.
(People v. Francisco, Id).
In Ordoño vs. Daquigan, (62 SCRA 270), this

Court held:

"We think that the correct rule, which may
be adopted in this jurisdiction, is that laid
down in Cargil vs. State, 35 ALR 133, 220
Pac. 64, 25 Okl. 314, wherein the court
said:
'The rule that the injury must amount to

a physical wrong upon the person is too
narrow; and the rule that any offense
remotely or indirectly affecting
domestic harmony comes within the
exception is too broad. The better rule is
that, when an offense directly attacks,
or directly and vitally impairs, the
conjugal relation, it comes within the
exception to the statute that one shall
not be a witness against the other except
in a criminal prosecution for a crime
committee (by) one against the other.'"
Obviously, the offense of arson attributed to

petitioner, directly impairs the conjugal
relation between him and his wife Esperanza.
His act, as embodied in the Information for
arson filed against him, eradicates all the
major aspects of marital life such as trust,
confidence, respect and love by which virtues
the conjugal relationship survives and
flourishes (Alvarez v. Ramirez, G.R. No.
143439, [October 14, 2005], 509 PHIL 650-
658).
2. A criminal case for Falsification of Public

Document filed against the husband—who
allegedly forged the signature of his wife in a
deed of sale, thereby making it appear that the
latter gave her marital consent to the sale of a
house and lot belonging to their conjugal
partnership when in fact and in truth she did
not — may be considered as a criminal case for
a crime committed by a husband against his
wife, and, therefore, an exception to the rule on
marital disqualification (People v. Castañeda,
Jr., G.R. No. L-46306, [February 27, 1979], 177
PHIL 518-524).

3. A wife can testify in a murder case against the
two accused, who are jointly tried with her
husband’s case. Her testimony however cannot
be used against her husband directly or
through the guise of taking judicial notice of
the proceedings in the murder case without
violating the marital disqualification rule.
(People v. Quidato, Jr. G.R. No. 117401,
October 1, 1998).
4. As the legitimate wife of appellant, Analie's

testimony would have been disregarded had
appellant timely objected to her competency to
testify under the marital disqualification rule.
Under this rule, neither the husband nor the
wife may testify for or against the other without
the consent of the affected spouse, except in a
civil case by one against the other, or in a
criminal case for a crime committed by one
against the other or the latter's direct
descendants or ascendants. However,
objections to the competency of a husband and
wife to testify in a criminal prosecution against
the other may be waived as in the case of other
witnesses generally. The objection to the
competency of the spouse must be made when
he or she is first offered as a witness. In this
case, the incompetency was waived by
appellant's failure to make a timely objection to
the admission of Analie's testimony. (People v.
Pasensoy, G.R. No. 140634, [September 12,
2002], 437 PHIL 499-524).
d. Disqualification by reason of death or insanity of

adverse party. Parties or assignors of parties to a case, or
persons on whose behalf a case is prosecuted, against an
executor or administrator or other representative of a
deceased person, or against a person of unsound mind,
upon a claim or demand against the estate of such
deceased person or against such person of unsound
mind, cannot testify as to any matter of fact occurring
before the death of such deceased person or before such
person became of unsound mind.

e. Disqualification by reason of privileged communication.
The following persons cannot testify as to matters
learned in confidence in the following cases:
i) The husband or the wife, during or after the

marriage, cannot be examined without the
consent of the other as to any communication
received in confidence by one from the other
during the marriage except in a civil case by one
against the other, or in a criminal case for a crime
committed by one against the other or the latter's
direct descendants or ascendants;
ii) An attorney cannot, without the consent of his

client, be examined as to any communication
made by the client to him, or his advice given
thereon in the course of, or with a view to,
professional employment, nor can an attorney's
secretary, stenographer, or clerk be examined,
without the consent of the client and his
employer, concerning any fact the knowledge of
which has been acquired in such capacity;
1. In a prosecution for murder, the prosecution

wanted to present the defense lawyer to testify
on the “surrender” letter he sent to the police
where it detailed the shooting incident. The
Supreme Court held:
x x x the trial court correctly rejected

the prosecution's motion to have Exhibit
LL further identified "in the manner that
it wanted," i.e., through the proposed
testimony of petitioner's counsel, Atty.
Valmonte, who incidentally refused to
testify. Aside from covering a subject
which squarely falls within the scope of
"privileged communication," it would,
more importantly, be tantamount to

converting the admission into a
confession x x x It can not be denied that
the contents of Exhibit LL, particularly
with regard to the details of the shooting
communicated by petitioner to Atty.
Valmonte, is privileged because it is
connected with the business for which
petitioner retained the services of the
latter. More specifically, said
communication was relayed by petitioner
to Atty. Valmonte in order to seek his
professional advice or assistance in
relation to the subject matter of the
employment, or to explain something in
connection with it, so as to enable him to
better advice his client or manage the
litigation (Sanvicente v. People, G.R. No.
132081, [November 26, 2002], 441 PHIL
139-155).
2. The request for the information regarding the

sale of the property and to account for the
proceeds is not a violation of the attorney-
client privilege. x x x The information
requested by petitioners is not privileged.
The petitioners are only asking for the
disclosure of the amount of the sale or
account for the proceeds. Petitioners
certainly have the right to ask for such
information since they own the property as
co-heirs of the late Ramon E. Saura and as
co-administrators of the property. Hence,
respondent cannot refuse to divulge such
information to them and hide behind the
cloak of the attorney-client relationship
(Saura, Jr. v. Agdeppa, A.C. No. 4426, 4429
(Resolution), [February 17, 2000], 382 PHIL
570-577).
i) A person authorized to practice

medicine, surgery or obstetrics cannot in
a civil case, without the consent of the
patient, be examined as to any advice or
treatment given by him or any
information which he may have acquired
in attending such patient in a

professional capacity, which information
was necessary to enable him to act in
capacity, and which would blacken the
reputation of the patient;
ii) A minister or priest cannot, without the

consent of the person making the
confession, be examined as to any
confession made to or any advice given by
him in his professional character in the
course of discipline enjoined by the
church to which the minister or priest
belongs;
iii) A public officer cannot be examined

during his term of office or afterwards, as
to communications made to him in
official confidence, when the court finds
that the public interest would suffer by
the disclosure.
1. x x x the Members of the Court may

not be compelled to testify in the
impeachment proceedings against the
Chief Justice or other Members of the
Court about information they
acquired in the performance of their
official function of adjudication, such
as information on how deliberations
were conducted or the material inputs
that the justices used in decision-
making, because the end-result would
be the disclosure of confidential
information that could subject them
to criminal prosecution. Such act
violates judicial privilege (or the
equivalent of executive privilege) as it
pertains to the exercise of the
constitutional mandate of
adjudication.
Jurisprudence implies that justices

and judges may not be subject to any

compulsory process in relation to the
performance of their adjudicatory
functions. In Senate of the Philippines
v. Exec. Sec. Ermita, 522 Phil. 1, 49
[2006], the Court declared that
members of the Supreme Court are
also exempt from [the Congress']
power of inquiry [in aid of
legislation]. Unlike the Presidency,
judicial power is vested in a collegial
body; hence, each member thereof is
exempt on the basis not only of
separation of powers but also on the
fiscal autonomy and the
constitutional independence of the
judiciary.
With respect to Court officials and

employees, the same rules on
confidentiality that apply to justices
and judges apply to them. They are
barred from disclosing (1) the result
of the raffle of cases, (2) the actions
taken by the Court on each case
included in the agenda of the Court's
session, and (3) the deliberations of
the Members in court sessions on
cases and matters pending before it.
They are subject as well to the
disqualification by reason of
privileged communication and the
sub judice rule. As stated above, these
rules extend to documents and other
communications which cannot be
disclosed (In re Production of Court
Records and Documents and the
Attendance of Court Officials &
Employees, NOTICE, [February 14,
2012]).
2. Section 24 of Rule 130 draws the types

of disqualification by reason of
privileged communication, to wit: (a)
communication between husband and
wife; (b) communication between
attorney and client; (c)

communication between physician
and patient; (d) communication
between priest and penitent; and (e)
public officers and public interest.
There are, however, other privileged
matters that are not mentioned by
Rule 130. Among them are the
following: (a) editors may not be
compelled to disclose the source of
published news; (b) voters may not be
compelled to disclose for whom they
voted; (c) trade secrets; (d)
information contained in tax census
returns; and (d) bank deposits (Air
Philippines Corp. v. Pennswell, Inc.,
G.R. No. 172835, [December 13,
2007], 564 PHIL 774-799).
2. Testimonial Privilege
a. Parental and filial privilege. No person may

be compelled to testify against his parents,
other direct ascendants, children or other
direct descendants.
1. Can a stepmother who is called to testify

against her stepdaughter invoke this rule?
No. the privilege cannot apply to them

because the rule applies only to “direct”
ascendants and descendants, a family tie
connected by a common ancestry. A
stepdaughter has no common ancestry by her
stepmother. (Lee v. CA, G.R. No. 177861, July
13, 2010).

3. Admissions and Confessions
a. Admission of a party. The act, declaration or

omission of a party as to a relevant fact may
be given in evidence against him.
1. Rule 130, Section 26 of the Rules of Court

defines an admission as an "act, declaration
or omission of a party as to a relevant fact." A
confession, on the other hand, under Section
33 of the same Rule is the "declaration of an
accused acknowledging his guilt of the
offense charged, or of any offense necessarily
included therein." Both may be given in
evidence against a person admitting or
confessing. On the whole, a confession, as
distinguished from an admission, is a
declaration made at any time by a person,
voluntarily and without compulsion or
inducement, stating or acknowledging that
he had committed or participated in the
commission of a crime (People v. Satorre,
G.R. No. 133858, [August 12, 2003], 456
PHIL 98-111).
2. An admission under Section 26, Rule 130 of

the Rules of Court applies to statements
made by an accused which directly or
impliedly point towards an acknowledgment
of guilt for the crime charged. In order that
an admission may be appreciated against the
accused, the statement must have been clear
and unequivocal such that a reasonable
construction of the same would lead to an
acknowledgment of the fact sought to be
proven. Being merely an inference, an
admission, standing alone, is insufficient to
authorize a conviction unless backed up by
some other proof which would show the
culpability of the accused. We agree with the
finding of the trial court that accused-
appellant's statement: "Madasok rang da
gapaindi da pa" (It already entered but still
you refuse or It is just being inserted, but still
you refused), is an admission under Section
26 of Rule 130. However, would this
admission, standing alone, create an
inference that accused-appellant raped his
daughter in that he was able to actually
penetrate her vagina with his sex organ? For
one thing, there was no mention at all that
what was inserted was accused-appellant's
sex organ. Neither was there an indication
that the insertion was made into her sex
organ (People v. Mariño y Mina, G.R. No.
132550, [February 19, 2001], 404 PHIL 743-
767).
3. As to the extra-judicial confession of accused

Maximo, the same was not admissible since
it was uncounseled without a valid waiver to
his right to counsel. The sworn statements of
the other two accused were likewise
inadmissible in evidence because they were
executed without the assistance of counsel.
However, accused-appellant Maximo
repeated the contents of his sworn statement
to a witness who, in turn, related to the court.
Such declaration to a private person is
admissible in evidence against accused-
appellant Maximo pursuant to Rule 130,
Section 26 of the Rules of Court. The trial
court correctly gave evidentiary value to the
witness' testimony. What was involved here
was an admission, not a confession. The
witness' testimony sealed not only the fate of
Maximo but also of the two other appellants.
The Supreme Court affirmed the decision of
the trial court with modification (People v.
Zuela y Morandarte, G.R. No. 112177,
[January 28, 2000], 380 PHIL 568-591).
b. Offer of compromise not admissible. In civil

cases, an offer of compromise is not an

admission of any liability, and is not
admissible in evidence against the offeror.
In criminal cases, except those involving

quasi-offenses (criminal negligence) or those
allowed by law to be compromised, an offer of
compromise by the accused may be received
in evidence as an implied admission of guilt.
A plea of guilty later withdrawn, or an

unaccepted offer of a plea of guilty to lesser
offense, is not admissible in evidence against
the accused who made the plea or offer.
An offer to pay or the payment of medical,

hospital or other expenses occasioned by an
injury is not admissible in evidence as proof
of civil or criminal liability for the injury.
1. It was sufficiently proved that the accused tried

to amicably settle the case for Php10,000.00.
The offer of compromise was an implied
admission of guilt pursuant to the second
paragraph of Section 27, Rule 130 of the Rules
of Court (People v. Diaz, G.R. No. 117323,
[October 4, 1996], 331 PHIL 240-253).
2. It has been shown that after the filing of the

complaint, accused-appellant approached the
aunt of private complainant and pleaded with
them to withdraw the case in exchange for
some material benefit. Such act amounts to an
offer of compromise which may be construed
as an implied admission of guilt. (People v.
Barrias, G.R. No. 133605, [June 28, 2001], 412
PHIL 578-587).
3. In a case for robbery with homicide, the

accused’s counsel talked to the son-in-law of
the deceased and told him that “he was certain
he can settle the case.” In refusing to consider

this as an implied admission of guilt, the
Supreme Court said:
We find the above testimony quite

impalpable and inconclusive so far as a
supposed attempt of appellant, through
his counsel, to offer a compromise on the
criminal charge is concerned x x x We do
not, however, feel justified in concluding
from the above testimony from a
member of the (extended) family of the
deceased victim that "an offer of
compromise" had been made "by the
accused" nor that "an implied admission
of guilt" on the part of the appellant may
be reasonably inferred in the instant
case. x x x A much higher level of
explicitness and specific detail is
necessary to justify a conclusion that an
accused had impliedly admitted his guilt
of a crime as serious as robbery with
homicide. (People v. De Joya y Cruz,
G.R. No. 75028, [November 8, 1991])].
c. Admission by third party. The rights of a

party cannot be prejudiced by an act,
declaration, or omission of another, except as
provided by the rules.
1. The settled rule is that the rights of a party
cannot be prejudiced by an act, declaration, or
omission of another. The testimony, being res
inter alios acta, cannot affect another except
as provided in the Rules of Court. This rule on
res inter alios acta specifically applies when
the evidence consists of an admission in an
extra-judicial confession or declaration of
another because the defendant has no
opportunity to cross-examine the co-
conspirator testifying against him. Since this
is the only evidence of the prosecution to
prove the conspiracy with Namocatcat, this
uncorroborated testimony cannot be sufficient
to convict Taer. (Taer v. Court of Appeals,

G.R. No. 85204, [June 18, 1990], 264 PHIL
983-993).
d. Admission by co-partner or agent. The act or

declaration of a partner or agent of the party
within the scope of his authority and during
the existence of the partnership or agency,
may be given in evidence against such party
after the partnership or agency is shown by
evidence other than such act or declaration.
The same rule applies to the act or
declaration of a joint owner, joint debtor, or
other person jointly interested with the party.
e. Admission by conspirator. The act or

declaration of a conspirator relating to the
conspiracy and during its existence, may be
given in evidence against the co-conspirator
after the conspiracy is shown by evidence
other than such act of declaration.
1. In order for the admission of a conspirator to

be received against his co-conspirator, it is
necessary that (a) the conspiracy be first
proved by evidence other than the admission
itself; (b) the admission relate to the
common object; and (c) the admission has
been made while the declarant was engaged
in carrying out the conspiracy (People v.
Tena, G.R. No. 100909, [October 21, 1992]).
f. Admission by privies. Where one derives title

to property from another, the act,
declaration, or omission of the latter, while
holding the title, in relation to the property, is
evidence against the former.
g. Admission by silence. An act or declaration

made in the presence and within the hearing
or observation of a party who does or says
nothing when the act or declaration is such as
naturally to call for action or comment if not
true, and when proper and possible for him

to do so, may be given in evidence against
him.
1. “To be admissible as an admission by silence,

the following requisites must concur as
correctly stated by the prosecution —
(a) He must have heard or observed the act

or declaration of the other person;
(b) He must have had the opportunity to
deny it (People v. Ranario, 49 Phil. 220);
(c) He must have understood the statement;
(d) He must have an interest to object as he
would naturally have done if the
statement was not true;
(e) The facts are within his knowledge; and
(f) The fact admitted or the inference to be
drawn from his silence is material to the
issue." (People v. Ciobal y Pabrua, G.R.
No. 86220, [April 20, 1990], 263 PHIL
398-412)
h. Confession. The declaration of an accused

acknowledging his guilt for the offense
charged, or of any offense necessarily
included therein, may be given in evidence
against him.
1. Section 12 (1), Article III of the

Constitution provides:
"SECTION 12(1) Any person under

investigation for the commission of an
offense shall have the right to be informed
of his right to remain silent and to have
competent and independent counsel
preferably his own choice. If the person
cannot afford the services of counsel, he
must be provided with one. These rights
cannot be waived except in writing and in

the presence of counsel.
(1) No torture, force violence threat,

intimidation or any other means
which vitiate the free will shall be
used against him. Secret detention
places, solitary, incommunicado, or
other similar forms of detention are
prohibited.
(2) Any confession or admission obtained

in violation of this or section 17 hereof
shall be inadmissible in evidence
against him."
An extra-judicial confession to be admissible in

evidence must be express and voluntarily
executed in writing with the assistance of an
independent and competent counsel and a person
under custodial investigation must be
continuously assisted by counsel from the very
start thereof. The presence of counsel is intended
to secure the voluntariness of the extra-judicial
confession. The presence of a lawyer alone, will
not suffice to fulfill the requirement of the
constitutional provision. The assistance of
counsel must be independent and competent that
is, providing full protection to the constitutional
rights of the accused. A lawyer who simply goes
through the motion of reciting the rights of the
accused, or acts as a witness to a pre-prepared
document containing the extra-judicial confession
of the accused or holds an interest contrary to
that of the accused does not qualify as
independent and competent counsel (People v.
Patungan y Pulga, G.R. No. 138045, [March 14,
2001], 406 PHIL 883-904).
2. x x x the voluntariness of a confession may be

inferred from its being replete with details which
could possibly be supplied only by the appellant,
reflecting spontaneity and coherence which
cannot be said of a mind on which violence and
torture have been applied (People v. Alvarez, Jr.,
G.R. No. 152221, [August 25, 2003], 456 PHIL
889-905).

3. An extra-judicial confession fully corroborated by
proof of corpus delicti is sufficient to support
conviction. (People v. Mariano y Alejandro, G.R.
No. L-45966 (Resolution), [December 14, 1978],
176 PHIL 603-603)
4. In People vs. Bandula, 232 SCRA 566, it was held

that a Municipal Attorney cannot be an
independent counsel as required by the
Constitution. As a legal officer of the municipality,
he provides legal assistance and support to the
mayor and the municipality in carrying out the
delivery of basic services to the people, including
the maintenance of peace and order. It is therefore
seriously doubted whether he can effectively
undertake the defense of the accused without
running into conflict of interests. He is no better
than a fiscal or a prosecutor who cannot represent
the accused during custodial investigations.
Consequently, for being violative of the
Constitution, the extra-judicial confession of
accused-appellant is inadmissible (People v.
Culala, G.R. No. 83466, [October 13, 1999], 375
PHIL 40-52).
5. [T]he rule is that although an extra-judicial

confession is admissible only against the
confessant, jurisprudence makes it admissible as
corroborative evidence of other facts that tend to
establish the guilt of his co-accused. The
implication of this rule, therefore, is that there
must be a finding of other circumstantial evidence
which when taken together with the confession
would establish the guilt of a co-accused beyond
reasonable doubt (People v. Aquino y Calot, G.R.
Nos. 123550-51, [July 19, 1999], 369 PHIL 701-
728).
6. [T]he exclusion of the extra-judicial confession on

the basis of Panangin's unsubstantiated claim that
it was not voluntarily made is contrary to what
People v. Porio instructs:
A confession is presumed to be voluntary until

the contrary is proved and the declarant bears

the burden of proving that his confession is
involuntary and untrue. Appellant was unable
to discharge this burden. He failed to present
evidence that he was "intimidated or
practically forced to execute or sign his
Sinumpaang Salaysay.
xxx xxx xxx
All the above facts indicate that appellant

executed his Sinumpaang Salaysay freely
and voluntarily. To hold otherwise is to
facilitate the retraction by appellant of his
solemnly made statements at the mere
allegations of force, intimidation, violence or
torture, without any proof whatsoever. Bare
assertions will certainly not suffice to
overturn the presumption of voluntariness.
xxx xxx xxx
(Italics in the original; emphasis and

underscoring supplied) (People v. Uy, G.R.
No. 158157, [September 30, 2005], 508
PHIL 637-656).
7. Settled is the rule that once the prosecution has

shown that there was compliance with the
constitutional requirement on pre-interrogation
advisories, a confession is presumed to be
voluntary and the declarant bears the burden of
proving that his confession was involuntary and
untrue. The burden is on the accused to destroy
this presumption. A confession is admissible until
the accused successfully proves that it was given
as a result of violence, intimidation, threat, or
promise of reward or leniency. (People v. Ponseca
y Soriano, G.R. Nos. 100940-41, [November 27,
2001], 422 PHIL 113-125).
8. Indeed, the extra-judicial confession or admission

of one accused is admissible only against said
accused, but is inadmissible against the other
accused. But if the declarant or admitter repeats
in court his extra-judicial admission, as Yapyuco
did in this case, during the trial and the other

accused is accorded the opportunity to cross-
examine the admitter, the admission is admissible
against both accused because then, it is
transposed into a judicial admission. It is thus
perplexing why, despite the extra-judicial
statements of Cunanan, Puno and Yapyuco, as
well as the latter's testimony implicating them in
the incident, they still had chosen to waive their
right to present evidence when, in fact, they could
have shown detailed proof of their participation or
non-participation in the offenses charged. We,
therefore, reject their claim that they had been
denied due process in this regard, as they opted
not to testify and be cross-examined by the
prosecution as to the truthfulness in their
affidavits and, accordingly, disprove the
inculpatory admissions of their co-accused.
(Yapyuco y Enriquez v. Sandiganbayan, G.R.
Nos. 120744-46, 122677, 122776, [June 25, 2012],
689 PHIL 75-127).
4. Previous Conduct as Evidence
a. Similar acts as evidence. Evidence that one

did or did not do a certain thing at one time is
not admissible to prove that he did or did not
do the same or similar thing at another time;
but it may be received to prove a specific
intent or knowledge; identity, plan, system,
scheme, habit, custom or usage, and the like.
1. As a rule, evidence is not admissible if it

shows or tends to show, that the accused in a
criminal case has committed a crime wholly
independent of the offense for which he is on
trial. It is not competent to prove that he
committed other crimes of a like nature for
the purpose of showing that he committed
the crime charged in the complaint or
information.
An exception to this rule is when such

evidence tends directly to establish the

particular crime, and it is usually competent
to prove the motive, the intent, the absence
of mistake or accident, a common scheme or
plan embracing the commission of two or
more crimes so related to each other that
proof of one tends to establish the other, or
the identity of the person charged with the
commission of the crime on trial.
In the case at bar, evidence was introduced in

Criminal Case No. 6443 (Forcible Abduction
with Rape) committed by appellant against
11-year old Mara N. Chico on November 20,
1987, not as evidence of similar acts to prove
that on April 10, 1988, the said appellant also
committed a similar act of rape (and
robbery) against the person of 10-year old
Lilibeth Bobis (Criminal Case No. 6436).
These offenses are separate crimes and are
the subject of separate complaints and proofs
though jointly tried. Hence, the evidence in
one was not offered and admitted to prove
the other but only to show the plan, scheme
or modus operandi of the offender (People v.
Magpayo, G.R. Nos. 92961-64, [September
1, 1993]).
b. Unaccepted offer. An offer in writing to pay a

particular sum of money or to deliver a
written instrument or specific personal
property is, if rejected without valid cause,
equivalent to the actual production and
tender of the money, instrument, or property.
5. Testimonial Knowledge
A witness can only testify to those facts which he

knows of his personal knowledge; that is, which
are derived from his own perception, except as
otherwise provided in these rules.
1. It is elementary that "[a]ny evidence, whether

oral or documentary, is hearsay if its
probative value is not based on the personal

knowledge of the witness but on the
knowledge of some other persons”
(Presidential Commission on Good
Government v. Desierto, G.R. No. 132120,
[February 10, 2003], 445 PHIL 154-219).
2. The general rule is that a witness can testify

only to those facts which he knows of his
personal knowledge, that is, which are
derived from his own perception. Any other
testimonial evidence outside the witness'
personal knowledge is hearsay and
inadmissible. (People v. Cabanela, G.R. No.
127657, [November 24, 1998], 359 PHIL 481-
494)
6. Exceptions to the Hearsay Rule
a. Dying Declaration. The declaration of a

dying person, made under the consciousness
of an impending death, may be received in
any case wherein his death is the subject of
inquiry, as evidence of the cause and
surrounding circumstances of such death.
1. For a dying declaration to be deemed an

exception to the hearsay rule, the following
conditions must concur: (a) the declaration
must concern the cause and surrounding
circumstances of the declarant's death; (b)
that at the time the declaration was made, the
declarant was conscious of his impending
death; (c) the declarant was competent as a
witness; and (d) the declaration is offered in a
criminal case for Homicide, Murder, or
Parricide where the declarant is the victim.
(People v. Calinawan, G.R. No. 226145,
[February 13, 2017]).
b. Declaration against interest. The declaration

made by a person deceased, or unable to
testify against the interest of the declarant, if
the fact is asserted in the declaration was at
the time it was made so far contrary to

declarant's own interest, that a reasonable
man in his position would not have made the
declaration unless he believed it to be true,
may be received in evidence against himself
or his successors in interest and against third
persons.
1. A (declaration against interest) statement may

be admissible when it complies with the
following requisites, to wit "(1) that the
declarant is dead or unable to testify; (2) that
it relates to a fact against the interest of the
declarant; (3) that at the time he made said
declaration the declarant was aware that the
same was contrary to his aforesaid interest;
and (4) that the declarant had no motive to
falsify and believed such declaration to be
true.
Openda, Jr., having been missing since his

abduction, cannot be called upon to testify.
His confession to Enriquez, definitely a
declaration against his own interest, since his
affair with Naty Bernal was a crime, is
admissible in evidence because no sane
person will be presumed to tell a falsehood to
his own detriment.” (People v. Bernal, G.R.
No. 113685, [June 19, 1997], 340 PHIL 322-
332).
2. The finding of the respondent court that it was

the accused who pawned the earrings is
correctly based on the affidavit of the accused
herself (Exhibit C) wherein she stated among
other things that because of her pressing
obligation and need for money, she pawned
the jewelry with the Monte de Piedad
Pawnshop in Manila in the amount of
Php4,000.00 on December 9, in the name of
Rufina Saldaña. This statement is an
admission against accused's interest x x x
(Unson v. Court of Appeals, G.R. No. L-
25084, [May 16, 1983], 207 PHIL 89-98).

c. Act or declaration about pedigree. The act or
declaration of a person deceased, or unable to
testify, in respect to the pedigree of another
person related to him by birth or marriage,
may be received in evidence where it occurred
before the controversy, and the relationship
between the two persons is shown by evidence
other than such act or declaration. The word
"pedigree" includes relationship, family
genealogy, birth, marriage, death, the dates
when and the places where these facts
occurred, and the names of the relatives. It
embraces also facts of family history
intimately connected with pedigree.
d. Family reputation or tradition regarding

pedigree. The reputation or tradition existing
in a family prior to the controversy, with
respect to the pedigree of any one of its
members, may be received in evidence if the
witness testifying thereon be also a member of
the family, either by consanguinity or affinity.
Entries in family bibles or other family books
or charts, engravings on rings, family portraits
and the like, may be received as evidence of
pedigree.
e. Common reputation. Common reputation

existing previous to the controversy,
respecting facts of public or general interest
more than thirty years old, or respecting
marriage or moral character, may be given in
evidence. Monuments and inscriptions in
public places may be received as evidence of
common reputation.
f. Part of res gestae. Statements made by a

person while a startling occurrence is taking
place or immediately prior or subsequent
thereto with respect to the circumstances
thereof, may be given in evidence as part of
res gestae. So, also, statements
accompanying an equivocal act material to
the issue, and giving it a legal significance,
may be received as part of the res gestae.

1. In People v. Estibal, G.R. No. 208749,

November 26, 2014, the Supreme Court
thoroughly discussed what is part of res
gestae:
Section 36 of Rule 130 of the Rules

of Court provides that "a witness
can testify only to those facts
which he knows of his personal
knowledge; that is, which are
derived from his own perception,
except as otherwise provided in
these rules." Res gestae, one of
eleven (11) exceptions to the
hearsay rule, is found in Section 42
of Rule 130, thus:
Sec. 42. Part of res gestae. —

Statements made by a person
while a startling occurrence is
taking place or immediately
prior or subsequent thereto
with respect to the
circumstances thereof, may be
given in evidence as part of the
res gestae. So, also, statements
accompanying an equivocal act
material to the issue, and giving
it a legal significance may be
received as part of the res
gestae.
In People v. Ner, 139 Phil. 390 [1969], this

Court elaborated on Section 36 of Rule 130
as follows:
[T]hat declarations which are the

natural emanations or outgrowths of
the act or occurrence in litigation,
although not precisely concurrent in
point of time, if they were yet
voluntarily and spontaneously made
so nearly contemporaneous as to be
in the presence of the transaction

which they illustrate and explain, and
were made under such circumstances
as necessarily to exclude the idea of
design or deliberation, must, upon the
clearest principles of justice, be
admissible as part of the act or
transaction itself. (Id. at 404-405,
citing Louisville N.A. & C. Ry Co. v.
Buck, 19 NE 453, 458) (Italics in the
original)
The Court enumerated three essential

requisites for the admissibility of a given
statement as part of res gestae, to wit:
All that is required for the

admissibility of a given statement as
part of res gestae, is that it be made
under the influence of a startling
event witnessed by the person who
made the declaration before he had
time to think and make up a story, or
to concoct or contrive a falsehood, or
to fabricate an account, and without
any undue influence in obtaining it,
aside from referring to the event in
question or its immediate attending
circum[s]tances (Id at 405) (Citations
omitted)
There are then three essential requisites to

admit evidence as part of the res gestae,
namely: (1) that the principal act, the res
gestae, be a startling occurrence; (2) the
statements were made before the declarant
had the time to contrive or devise a
falsehood; and (3) that the statements
must concern the occurrence in question
and its immediate attending
circumstances. (People v. Manhuyod, Jr.,
352 Phil. 866, 882 [1998]).
In People v. Dianos, 357 Phil. 871 [1998],

the Court acknowledged that there are no
hard and fast rules in determining the
spontaneity of a declaration, but at least

five factors have been considered:
By res gestae, exclamations and

statements made by either the
participants, victims, or spectators to a
crime, immediately before, during or
immediately after the commission of
the crime, when the circumstances are
such that the statements constitute
nothing but spontaneous reaction or
utterance inspired by the excitement
of the occasion there being no
opportunity for the declarant to
deliberate and to fabricate a false
statement become admissible in
evidence against the otherwise hearsay
rule of inadmissibility. . . . .
There is, of course, no hard and fast

rule by which spontaneity may be
determined although a number of
factors have been considered,
including, but not always confined to,
(1) the time that has lapsed between
the occurrence of the act or
transaction and the making of the
statement, (2) the place where the
statement is made, (3) the condition of
the declarant when the utterance is
given, (4) the presence or absence of
intervening events between the
occurrence and the statement relative
thereto, and (5) the nature and the
circumstances of the statement itself. .
. . . (Citations omitted and italics in
the original)
In People v. Jorolan, 452 Phil. 698 [2003],

the Court emphasized that there must be
no intervening circumstances between the
res gestae occurrence and the time the
statement was made as could have afforded
the declarant an opportunity for
deliberation or reflection; in other words,
the statement was unreflected and
instinctive:

An important consideration is
whether there intervened between
the occurrence and the statement any
circumstance calculated to divert the
mind of the declarant, and thus
restore his mental balance and afford
opportunity for deliberation. His
statement then cannot be regarded as
unreflected and instinctive, and is not
admissible as part of the res gestae.
An example is where he had
been talking about matters
other than the occurrence in
question or directed his
attention to other matters. (Id at
713) (Citation omitted and emphasis
ours)
In People v. Salafranca, G.R. No. 173476,

February 22, 2012, 666 SCRA 501, the
Court cited two tests in applying the res
gestae rule: a) the act, declaration or
exclamation is so intimately interwoven or
connected with the principal fact or event
that it characterizes as to be regarded as a
part of the transaction itself; and b) the
said evidence clearly negatives any
premeditation or purpose to manufacture
testimony.
The term res gestae has been defined as

"those circumstances which are the
undersigned incidents of a particular
litigated act and which are admissible
when illustrative of such act." In a general
way, res gestae refers to the circumstances,
facts, and declarations that grow out of the
main fact and serve to illustrate its
character and are so spontaneous and
contemporaneous with the main fact as to
exclude the idea of deliberation and
fabrication. The rule on res gestae
encompasses the exclamations and
statements made by either the participants,
victims, or spectators to a crime

immediately before, during, or
immediately after the commission of the
crime when the circumstances are such
that the statements were made as a
spontaneous reaction or utterance inspired
by the excitement of the occasion and there
was no opportunity for the declarant to
deliberate and to fabricate a false
statement. The test of admissibility of
evidence as a part of the res gestae is,
therefore, whether the act, declaration, or
exclamation is so intimately
interwoven or connected with the
principal fact or event that it
characterizes as to be regarded as a
part of the transaction itself, and
also whether it clearly negatives any
premeditation or purpose to
manufacture testimony. (Id. at 513-
514). (Citations omitted, emphasis ours
and italics in the original)
By way of illustration, in People v.

Villarama, 445 Phil. 323 [2003], the 4-
year-old rape victim did not testify, but the
accused, an uncle of the victim, was
convicted on the basis of what the child
told her mother. The Court said:
The critical factor is the ability or

chance to invent a story of rape. At her
age, the victim could not have had the
sophistication, let alone the malice, to
tell her mother that her uncle made
her lie down, took off her panties and
inserted his penis inside her vagina.
The shock of an unwelcome genital

penetration on a woman is
unimaginable, more so to a four-year-
old child. Such a brutal experience
constituted unspeakable trauma. The
fact that Elizabeth was still crying
when her parents arrived reinforces
the conclusion that she was still in a
traumatic state when she made the

statements pointing to appellant.
xxx xxx xxx
. . . [I]n Contreras, the victim's

statement that she had been sexually
molested by the accused was not
received under the res gestae
exception to the hearsay rule, because
her statement did not refer to the
incident witnessed by Nelene but to a
general pattern of molestation of her
and her companions by the accused.
In contrast, Elizabeth's declaration to
her mother regarding the then just
concluded assault were so full of
details specific to the incident that
there could be no doubt she was
referring to the same incident
witnessed by Ricardo Tumulak. (Id. at
335-337).
In People v. Velasquez, 405 Phil. 74

[2001], the 2-year-old rape victim told her
mother the following: a) "Si Tatang
kakayan na ku pu." ("Tatang has been
doing something to me."); and b) "I-tatang
kasi, kinayi ne pu ing pekpek ku kaya
masakit ya." ("Because Tatang has been
doing something to my private part, that is
why it hurts.") The girl then showed her
mother her private part, which was swollen
and oozing with pus, and then she gestured
by slightly opening or raising her right foot,
and using her right finger, to show what
the accused had done to it. The Court
ruled:
We hold, therefore, that Aira's

statements and acts constitute res
gestae, as it was made immediately
subsequent to a startling occurrence,
uttered shortly thereafter by her with
spontaneity, without prior
opportunity to contrive the same.
Regail's account of Aira's words and,

more importantly, Aira's gestures,
constitutes independently relevant
statements distinct from hearsay and
admissible not as to the veracity
thereof but to the fact that they had
been thus uttered.
Under the doctrine of independently

relevant statements, regardless of
their truth or falsity, the fact that such
statements have been made is
relevant. The hearsay rule does not
apply, and the statements are
admissible as evidence. Evidence as to
the making of such statement is not
secondary but primary, for the
statement itself may constitute a fact
in issue or be circumstantially
relevant as to the existence of such a
fact. (Id. at 99-100). (Citation
omitted)
In People v. Lupac, G.R. No. 182230,

September 19, 2012, 681 SCRA 390, the
Court accepted as part of res gestae the 10-
year-old victim's denunciation of her uncle
to a neighbor whom she met soon after she
managed to get away from her uncle after
the rape, uttering the words "hindot" and
"inano ako ni Kuya Ega." (Id. at 393).
In People v. Moreno, G.R. No. 92049,

March 22, 1993, 220 SCRA 292, shortly
after the three accused left the house where
the complaining victims worked as maids,
the maids told their employers, who had
just arrived, that they had been raped. The
employers testified in court on these
statements. The Court held that the maids'
statements were part of res gestae since
they were spontaneously made as soon as
the victims had opportunity to make them
without threat to their lives. The Court
said:
This exception is based on the belief

that such statements are trustworthy
because made instinctively, "while the
declarant's mental powers for
deliberation are controlled and stilled
by the shocking influence of a
startling occurrence, so that all his
utterances at the time are the reflex
products of immediate sensual
impressions, unaided by retrospective
mental action." Said natural and
spontaneous utterances are perceived
to be more convincing than the
testimony of the same person on the
witness stand. (Id. at 304). (Citations
omitted)
But in People v. Contreras, 393 Phil. 277

[2000], the accused was acquitted in one of
several statutory rape charges because,
among other things, the prosecution failed
to present the victim, a 6-year-old girl, and
the court found that her alleged res gestae
statement referred not to the incident or
circumstance testified to by the witness but
rather to a general pattern of molestation
which she and her companions had
endured for some time already. (People v.
Estibal y Calungsag, G.R. No. 208749,
[November 26, 2014]).
g. Entries in the course of business. Entries

made at, or near, the time of transactions to
which they refer, by a person deceased, or
unable to testify, who was in a position to
know the facts therein stated, may be
received as prima facie evidence, if such
person made the entries in his/her
professional capacity or in the performance
of duty and in the ordinary or regular course
of business or duty.
h. Entries in official records. Entries in official

records made in the performance of his/her
duty by a public officer of the Philippines, or
by a person in the performance of a duty

specially enjoined by law, are prima facie
evidence of the facts therein stated.
i. Commercial lists and the like. Evidence of

statements of matters of interest to persons
engaged in an occupation contained in a list,
register, periodical, or other published
compilation is admissible as tending to prove
the truth of any relevant matter so stated if
that compilation is published for use by
persons engaged in that occupation and is
generally used and relied upon by them
therein.
j. Learned treatises. A published treatise,

periodical or pamphlet on a subject of
history, law, science, or art is admissible as
tending to prove the truth of a matter stated
therein if the court takes judicial notice, or a
witness expert in the subject testifies, that the
writer of the statement in the treatise,
periodical, or pamphlet is recognized in
his/her profession or calling as expert in the
subject.
k. Testimony or deposition at a former

proceeding. The testimony or deposition of a
witness deceased or unable to testify, given in
a former case or proceeding, judicial or
administrative, involving the same parties
and subject matter, may be given in evidence
against the adverse party who had the
opportunity to cross-examine him/her.
7. Opinion Rule
a. General rule. The opinion of witness is not

admissible.
Exceptions
i) Opinion of expert witness. The opinion of

a witness on a matter requiring special
knowledge, skill, experience or training
which he is shown to posses, may be
received in evidence.

ii) Opinion of ordinary witnesses. The
opinion of a witness for which proper
basis is given, may be received in
evidence regarding:
x The identity of a person about

whom he/she has adequate
knowledge;
x A handwriting with which he/she
has sufficient familiarity; and
x The mental sanity of a person
with whom he/she is sufficiently
acquainted.
The witness may also testify on

his/her impressions of the
emotion, behavior, condition or
appearance of a person.
1. In a case for forgery, a witness testified that

she is familiar with the signature of the
complainant who was her officemate for five
years and who, on many occasions, signed
documents in her presence. The Supreme
Court ruled that her opinion to complainant’s
genuine signature is admissible in evidence
pursuant to Section 50, Rule 130 of the Rules
on Evidence. (Mariano v. Roxas, A.M. No.
CA-02-14-P, July 31, 2002).
2. It is true that the opinions of handwriting

experts are not necessarily binding upon the
court, the expert's function being to place
before the court data upon which the court
can form its own opinion. Handwriting
experts are usually helpful in the examination
of forged documents because of the technical
procedure involved in analyzing them. But
resort to these experts is not mandatory or
indispensable to the examination or the
comparison of handwriting. A finding of
forgery does not depend entirely on the
testimonies of handwriting experts, because
the judge must conduct an independent

examination of the questioned signature in
order to arrive at a reasonable conclusion as
to its authenticity. (Lorzano v. Tabayag, Jr.,
G.R. No. 189647, [February 6, 2012], 681
PHIL 39-58).
8. Character Evidence – generally inadmissible
Exceptions
a. In Criminal Cases:
i) The accused may prove his/her good

moral character which is pertinent to the
moral trait involved in the offense
charged.
ii) Unless in rebuttal, the prosecution may

not prove the accused’s bad moral
character, which is pertinent to the moral
trait involved in the offense charged.
iii) The good or bad moral character of the

offended party may be proved if it tends
to establish in any reasonable degree the
probability or improbability of the offense
charged.
1. The rule is that the character or reputation of

a party is regarded as legally irrelevant in
determining a controversy, so that evidence
relating thereto is not admissible. Ordinarily,
if the issues in the case were allowed to be
influenced by evidence of the character or
reputation of the parties, the trial would be
apt to have the aspects of a popularity
contest rather than a factual inquiry into the
merits of the case. After all, the business of
the court is to try the case, and not the man;
and a very bad man may have a righteous

cause. (Jones on Evidence, Civil and
Criminal, vol. I, 5th ed., Sec. 165, p. 294
[1958] citing Thompson v. Church, 1 Root
(Conn) 312, and other cases; also cited in O.
Herrera, Remedial Law, vol. V, p. 834
[1999]). There are exceptions to this rule
however and Section 51, Rule 130 of the
Rules of Court gives the exceptions in both
criminal and civil cases.
In criminal cases, sub-paragraph 1 of Section

51 of Rule 130 provides that the accused may
prove his good moral character which is
pertinent to the moral trait involved in the
offense charged. When the accused presents
proof of his good moral character, this
strengthens the presumption of innocence,
and where good character and reputation are
established, an inference arises that the
accused did not commit the crime charged.
This view proceeds from the theory that a
person of good character and high reputation
is not likely to have committed the act
charged against him (29 Am Jur 2d,
Evidence, Sec. 367 [1994 ed]). Sub-
paragraph 2 provides that the prosecution
may not prove the bad moral character of the
accused except only in rebuttal and when
such evidence is pertinent to the moral trait
involved in the offense charged. This is
intended to avoid unfair prejudice to the
accused who might otherwise be convicted
not because he is guilty but because he is a
person of bad character (McCormick on
Evidence, vol. 1, 4th ed., Sec. 190, p. 797
[1992]; 29 Am Jur 2d, Evidence, Sec. 365
[1994 ed.]; see also People v. Rabanes, 208
SCRA 768, 780 [1992]). The offering of
character evidence on his behalf is a privilege
of the defendant, and the prosecution cannot
comment on the failure of the defendant to
produce such evidence (Wharton's Criminal
Evidence, vol. I, 12th ed., Sec. 221, p. 456
[1955]). Once the defendant raises the issue
of his good character, the prosecution may,
in rebuttal, offer evidence of the defendant's

bad character. Otherwise, a defendant,
secure from refutation, would have a license
to unscrupulously impose a false character
upon the tribunal. (Wigmore on Evidence,
vol. I, 3rd ed., Sec. 58, p. 458 [1940]; see
footnotes for English and American cases)
Both sub-paragraphs (1) and (2) of Section 51

of Rule 130 refer to character evidence of the
accused. And this evidence must be
"pertinent to the moral trait involved in the
offense charged," meaning, that the character
evidence must be relevant and germane to
the kind of the act charged, (Francisco,
supra, at 746; see also Wharton's Criminal
Evidence, vol. I, 12th ed., Sec. 221, pp. 459-
461 [1955]), e.g., on a charge of rape,
character for chastity; on a charge of assault,
character for peacefulness or violence; on a
charge for embezzlement, character for
honesty and integrity. 41 Sub-paragraph (3)
of Section 51 of the said Rule refers to the
character of the offended party. Character
evidence, whether good or bad, of the
offended party may be proved "if it tends to
establish in any reasonable degree the
probability or improbability of the offense
charged." Such evidence is most commonly
offered to support a claim of self-defense in
an assault or homicide case or a claim of
consent in a rape case.
In the Philippine setting, proof of the moral

character of the offended party is applied
with frequency in sex offenses and homicide.
(Francisco, supra, at 751). In rape and acts of
lasciviousness, or in any prosecution
involving an unchaste act perpetrated by a
man against a woman where the willingness
of a woman is material, the woman's
character as to her chastity is admissible to
show whether or not she consented to the
man's act (Naval v. Panday, 321 SCRA 290,
302 [1999]). The exception to this is when
the woman's consent is immaterial such as in
statutory rape (Ibid., at 302 citing Wigmore

on Evidence (Stud. Text) 63; see also
Wharton's Criminal Evidence, vol. I, 12th
ed., Sec. 229 [1955]) or rape with violence or
intimidation. In the crimes of qualified
seduction or consented abduction, the
offended party must be a "virgin," which is
"presumed if she is unmarried and of good
reputation," (II L. Reyes, The Revised Penal
Code 862 [1981]) or a "virtuous woman of
good reputation." The crime of simple
seduction involves "the seduction of a
woman who is single or a widow of good
reputation, over twelve but under eighteen
years of age . . . ." The burden of proof that
the complainant is a woman of good
reputation lies in the prosecution, and the
accused may introduce evidence that the
complainant is a woman of bad reputation.
(People v. Lee, G.R. No. 139070, [May 29,
2002], 432 PHIL 338-365).
b. In Civil Cases - Evidence of the moral character

of a party in civil case is admissible only when
pertinent to the issue of character involved in the
case.
c. In cases provided for in Section 14, Rule 132,

(Evidence of good character of witnesses).
IV. BURDEN OF PROOF AND PRESUMPTIONS
A. Burden of proof. Burden of proof is the duty of a

party to present evidence on the facts at issue
necessary to establish his/her claim or defense by the
amount of evidence required by law.
1. It is true that People vs. Lubo, 101 Phil. 179 and

People vs. Ramos, 8 SCRA 758 could be invoked
to support the view that it is incumbent upon a
person charged with illegal possession of a firearm
to prove the issuance to him of a license to possess
the firearm, but We are of the considered opinion

that under the provisions of Section 2, Rule 131 of
the Rules of Court which provide that in criminal
cases the burden of proof as to the offense charged
lies on the prosecution and that a negative fact
alleged by the prosecution must be proven if "it is
an essential ingredient of the offense charged", the
burden of proof was with the prosecution in this
case to prove that the firearm used by appellant in
committing the offense charged was not properly
licensed. (People v. Pajenado, G.R. Nos. L-27680-
81, [February 27, 1970], 142 PHIL 702-708).
2. The failure of the prosecution to present the

supposed poseur-buyer, Amelita Catolico, was
fatal to its case. Without her testimony identifying
the accused as the supposed drug-pusher, there
was no proof that she bought and he sold the
marijuana to her. The prosecution failed to
explain why it could not present her. The
presumption is that her evidence would have been
adverse if produced. (Sec. 5[e], Rule 131, Rules of
Court).
In People vs. Laureano Fernando, 145 SCRA 151,

this Court harked back to "the fundamental
precept that the prosecution carries the burden of
proof to establish the guilt of the accused beyond
reasonable doubt for it is not incumbent upon the
accused to disprove his guilt." Hence, without the
testimony of the poseur-buyer, the Court found no
convincing evidence pointing to the accused as
having feloniously sold and delivered the
marijuana cigarettes. (People v. Estillero y Abesa,
G.R. No. 84148, [June 5, 1989], 255 PHIL 710-
714).
3. The non-presentation of the confidential informant

as a witness does not ordinarily weaken the State's
case against the accused. However, if the arresting
lawmen arrested the accused based on the pre-
arranged signal from the confidential informant
who acted as the poseur buyer, his non-
presentation must be credibly explained and the
transaction established by other ways in order to
satisfy the quantum of proof beyond reasonable
doubt because the arresting lawmen did not

themselves participate in the buy-bust transaction
with the accused. (People v. Andaya y Reano,
G.R. No. 183700, [October 13, 2014]).
4. Long familiar is the rule that in self-defense the

burden of proof rests upon the accused. His duty
is to establish self-defense by evidence clear and
convincing. He must rely on the strength of his
own evidence It matters not that the People's
evidence is weak. (People v. Talaboc, Jr., G.R. No.
L-25004, [October 31, 1969], 140 PHIL 485-489).
B. Conclusive presumptions. The following are instances

of conclusive presumptions:
1. Whenever a party has, by his/her own

declaration, act, or omission, intentionally and
deliberately led to another to believe a particular
thing true, and to act upon such belief, he/she
cannot, in any litigation arising out of such
declaration, act or omission, be permitted to
falsify it;
2. The tenant is not permitted to deny the title of

his/her landlord at the time of commencement of
the relation of landlord and tenant between them.
C. Disputable presumptions. The following

presumptions are satisfactory if uncontradicted, but
may be contradicted and overcome by other evidence:
1. That a person is innocent of crime or wrong;
2. That an unlawful act was done with an unlawful

intent;
3. That a person intends the ordinary consequences

of his voluntary act;
4. That a person takes ordinary care of his concerns;
5. That evidence willfully suppressed would be

adverse if produced;
6. That money paid by one to another was due to the

latter;

7. That a thing delivered by one to another belonged
to the latter;
8. That an obligation delivered up to the debtor has

been paid;
9. That prior rents or installments had been paid

when a receipt for the later one is produced;
10. That a person found in possession of a thing

taken in the doing of a recent wrongful act is the
taker and the doer of the whole act; otherwise,
that things which a person possess, or exercises
acts of ownership over, are owned by him;
11. That a person in possession of an order on

himself for the payment of the money, or the
delivery of anything, has paid the money or
delivered the thing accordingly;
12. That a person acting in a public office was

regularly appointed or elected to it;
13. That official duty has been regularly performed;
14. That a court, or judge acting as such, whether in

the Philippines or elsewhere, was acting in the
lawful exercise of jurisdiction;
15. That all the matters within an issue raised in a

case were laid before the court and passed upon
by it; and in like manner that all matters within
an issue raised in a dispute submitted for
arbitration were laid before the arbitrators and
passed upon by them;
16. That private transactions have been fair and

regular;
17. That the ordinary course of business has been

followed;
18. That there was a sufficient consideration for a

contract;

19. That a negotiable instrument was given or
indorsed for a sufficient consideration;
20. That an endorsement of negotiable instrument

was made before the instrument was overdue and
at the place where the instrument is dated;
21. That a writing is truly dated;
22. That a letter duly directed and mailed was

received in the regular course of the mail;
23. That after an absence of seven years, it being

unknown whether or not the absentee still lives,
he is considered dead for all purposes, except for
those of succession.
The absentee shall not be considered dead for the

purpose of opening his succession till after an
absence of ten years. If he/she disappeared after
the age of seventy-five years, an absence of five
years shall be sufficient in order that his
succession may be opened.
The following shall be considered dead for all

purposes including the division of the estate
among the heirs:
a. A person on board a vessel lost during a sea

voyage, or an aircraft which is missing, who
has not been heard of for four years since the
loss of the vessel or aircraft;
b. A member of the armed forces who has taken

part in armed hostilities, and has been
missing for four years;
c. A person who has been in danger of death

under other circumstances and whose
existence has not been known for four years;
d. If a married person has been absent for four

consecutive years, the spouse present may
contract a subsequent marriage if he or she
has well-founded belief that the absent spouse
is already dead. In case of disappearance,

where there is a danger of death under the
circumstances hereinabove provided, an
absence of only two years shall be sufficient
for the purpose of contracting a subsequent
marriage. However, in any case, before
marrying again, the spouse present must
institute a summary proceeding as provided in
the Family Code and in the rules for
declaration of presumptive death of the
absentee, without prejudice to the effect of
reappearance of the absent spouse.
24. That acquiescence resulted from a belief that the

thing acquiesced in was conformable to the law or
fact;
25. That things have happened according to the

ordinary course of nature and ordinary nature
habits of life;
26. That persons acting as copartners have entered

into a contract of co-partnership;
27. That a man and woman deporting themselves as

husband and wife have entered into a lawful
contract of marriage;
28. That property acquired by a man and a woman

who are capacitated to marry each other and who
live exclusively with each other as husband and
wife without the benefit of marriage or under
void marriage, has been obtained by their joint
efforts, work or industry.
29. That in cases of cohabitation by a man and a

woman who are not capacitated to marry each
other and who have acquired properly through
their actual joint contribution of money, property
or industry, such contributions and their
corresponding shares including joint deposits of
money and evidences of credit are equal.
30. That if the marriage is terminated and the mother

contracted another marriage within three
hundred days after such termination of the

former marriage, these rules shall govern in the
absence of proof to the contrary:
a. A child born before one hundred eighty days

after the solemnization of the subsequent
marriage is considered to have been
conceived during such marriage, even though
it be born within the three hundred days after
the termination of the former marriage.
b. A child born after one hundred eighty days

following the celebration of the subsequent
marriage is considered to have been
conceived during such marriage, even though
it be born within the three hundred days after
the termination of the former marriage.
31. That a thing once proved to exist continues as

long as is usual with things of the nature;
32. That the law has been obeyed;
33. That a printed or published book, purporting to

be printed or published by public authority, was
so printed or published;
34. That a printed or published book, purporting to

contain reports of cases adjudged in tribunals of
the country where the book is published, contains
correct reports of such cases;
35. That a trustee or other person whose duty it was

to convey real property to a particular person has
actually conveyed it to him when such
presumption is necessary to perfect the title of
such person or his successor in interest;
36. That except for purposes of succession, when two

persons perish in the same calamity, such as
wreck, battle, or conflagration, and it is not
shown who died first, and there are no particular
circumstances from which it can be inferred, the
survivorship is determined from the probabilities
resulting from the strength and the age of the
sexes, according to the following rules:

a. If both were under the age of fifteen years, the
older is deemed to have survived;
b. If both were above the age sixty, the younger

is deemed to have survived;
c. If one is under fifteen and the other above

sixty, the former is deemed to have survived;
d. If both be over fifteen and under sixty, and

the sex be different, the male is deemed to
have survived, if the sex be the same, the
older;
e. If one be under fifteen or over sixty, and the

other between those ages, the latter is
deemed to have survived.
37. That if there is a doubt, as between two or more

persons who are called to succeed each other, as
to which of them died first, whoever alleges the
death of one prior to the other, shall prove the
same; in the absence of proof, they shall be
considered to have died at the same time.
D. No presumption of legitimacy or illegitimacy. There

is no presumption of legitimacy of a child born after
three hundred days following the dissolution of the
marriage or the separation of the spouses. Whoever
alleges the legitimacy or illegitimacy of such child
must prove his allegation.
II. PRESENTATION OF EVIDENCE
A. Examination of Witness
1. Examination to be done in open court. The

examination of witnesses presented in a trial or
hearing shall be done in open court, and under
oath or affirmation. Unless the witness is
incapacitated to speak, or the questions calls for a
different mode of answer, the answers of the
witness shall be given orally.
2. Proceedings to be recorded. The entire

proceedings of a trial or hearing, including the

questions propounded to a witness and his
answers thereto, the statements made by the
judge or any of the parties, counsel, or witnesses
with reference to the case, shall be recorded by
means of shorthand or stenotype or by other
means of recording found suitable by the court.
A transcript of the record of the proceedings

made by the official stenographer, stenotypist or
recorder and certified as correct by him shall be
deemed prima facie a correct statement of such
proceedings.
3. Rights and obligations of a witness. A witness

must answer questions, although his/her answer
may tend to establish a claim against him/her.
However, it is the right of a witness:
a. To be protected from irrelevant, improper, or

insulting questions, and from harsh or
insulting demeanor;
b. Not to be detained longer than the interests
of justice require;
c. Not to be examined except only as to matters
pertinent to the issue;
d. Not to give an answer which will tend to
subject him to a penalty for an offense unless
otherwise provided by law; or
e. Not to give an answer which will tend to
degrade his reputation, unless it to be the
very fact at issue or to a fact from which the
fact in issue would be presumed. But a
witness must answer to the fact of his
previous final conviction for an offense.
4. Order in the examination of an individual

witness. The order in which the individual
witness may be examined is as follows:
a. Direct examination by the proponent;

b. Cross-examination by the opponent;
c. Re-direct examination by the proponent;
d. Re-cross examination by the opponent.
5. Direct examination. Direct examination is the

examination-in-chief of a witness by the party

presenting him/her on the facts relevant to the
issue.
Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
¾ Judicial Affidavit (JA) shall take the place of

witnesses’ direct testimonies;
¾ The JA is to be served on the adverse party,
personally or by licensed courier service, not
later than five (5) days before pre-trial or
preliminary conference or the scheduled
hearing with respect to motions and incidents;
¾ Documentary or object evidence is to be
attached to JA and duly marked. (Sec.2,
Judicial Affidavit Rule [JAR]);
¾ JA shall be in the language known to the
witness and if not in English or Filipino, it
must be accompanied by a translation in
English and Filipino. It must contain the
following:
x Name, age, residence or business
address and occupation of the witness;
x Name and address of the lawyer who
conducts and supervises the
examination of the witness and place
where it is being held;
x A statement that the witness is
answering the questions asked of
him/her, fully conscious that he/she
does so under oath, and that he/she
may face criminal liability for false
testimony or perjury;
x Questions asked of the witness and
his/her corresponding answers,
consecutively numbered, that:
o Show the circumstances under
which the witness acquired the facts
upon which he/she testifies;
o Elicit from him/her those facts
which are relevant to the issues that
the case presents; and
o Identify the attached documentary
and object evidence and establish
their authenticity in accordance
with the Rules of Court;

x Signature of the witness over his printed
name; and
x Jurat. (Sec. 3, JAR).
¾ Shall contain a sworn attestation at the

end, executed by the lawyer who conducted
or supervised the examination of the
witness, to the effect that:
x He/she faithfully recorded or caused
to be recorded the questions he/she
asked and the corresponding answers
that the witness gave; and
x Neither he/she nor any other person
then present or assisting him/her
coached the witness regarding the
latter’s answers.
¾ A false attestation shall subject the lawyer
mentioned to disciplinary action, including
disbarment. (Sec. 4, JAR).
¾ A party may request for the issuance of a
subpoena ad testificandum or duces
tecum. (See Sec. 5, JAR);
¾ The party presenting the JA of his/her
witness in place of direct testimony shall
state the purpose of such testimony at the
start of the presentation of the witness;
¾ The adverse party may move to disqualify
the witness or to strike out his/her affidavit
or any of the answers found in it on ground
of inadmissibility;
¾ The court shall promptly rule on the
motion and, if granted, shall cause the
marking of any excluded answer by placing
it in brackets under the initials of an
authorized court personnel, without
prejudice to a tender of excluded evidence
under Section 40 of Rule 132 of the Rules
of Court (Sec. 6, JAR).
¾ The adverse party shall have the right to
cross-examine the witness on his/her
judicial affidavit and on the exhibits
attached to the same;
¾ The party who presents the witness may
also examine him/her as on re-direct;
¾ In every case, the court shall take active
part in examining the witness to determine

his credibility as well as the truth of his
testimony and to elicit the answers that it
needs for resolving the issues. (Sec. 7,
JAR).
¾ Upon the termination of the testimony of
his last witness, a party shall immediately
make an oral offer of evidence of his/her
documentary or object exhibits, piece by
piece, in their chronological order, stating
the purpose or purposes for which he/she
offers the particular exhibit;
¾ After each piece of exhibit is offered, the
adverse party shall state the legal ground
for his/her objection, if any, to its
admission, and the court shall immediately
make its ruling respecting that exhibit;
¾ Since the documentary or object exhibits
form part of the judicial affidavits that
describe and authenticate them, it is
sufficient that such exhibits are simply
cited by their markings during the offers,
the objections, and the rulings, dispensing
with the description of each exhibit. (Sec.
8, JAR).
¾ JAR shall apply to all criminal actions:
x Where the maximum of the imposable
penalty does not exceed six years;
x Where the accused agrees to the use
of judicial affidavits, irrespective of
the penalty involved; or
x With respect to the civil aspect of the
actions, whatever the penalties
involved are. (Sec. 9(a)[1][2][3]).
¾ The prosecution shall submit the JAs of
its witnesses not later than five days
before the pre-trial, serving copies if the
same upon the accused. The complainant
or public prosecutor shall attach to the
affidavits such documentary or object
evidence as he may have, marking them as
Exhibits A, B, C, and so on. No further JA,
documentary, or object evidence shall be
admitted at the trial;
¾ If the accused desires to be heard on
his/her defense after receipt of the
judicial affidavits of the prosecution,

he/she shall have the option to submit
his/her judicial affidavit as well as those
of his/her witnesses to the court within
ten days from receipt of such affidavits
and serve a copy of each on the public and
private prosecutor, including his/her
documentary and object evidence
previously marked as Exhibits 1, 2, 3, and
so on. These affidavits shall serve as direct
testimonies of the accused and his/her
witnesses when they appear before the
court to testify. (Sec. 9(b), (c)).
¾ A party who fails to submit the required
judicial affidavits and exhibits on time
shall be deemed to have waived their
submission. The court may, however,
allow only once the late submission of the
same provided, the delay is for a valid
reason, would not unduly prejudice the
opposing party, and the defaulting party
pays a fine of not less than Php1,000.00
nor more than Php5,000.00 at the
discretion of the court;
¾ The court shall not consider the affidavit
of any witness who fails to appear at the
scheduled hearing of the case as required.
Counsel who fails to appear without valid
cause despite notice shall be deemed to
have waived his client's right to confront
by cross-examination the witnesses there
present;
¾ The court shall not admit as evidence JAs
that do not conform to the content
requirements of Section 3 and the
attestation requirement of Section 4
above. The court may, however, allow only
once the subsequent submission of the
compliant replacement affidavits before
the hearing or trial provided the delay is
for a valid reason and would not unduly
prejudice the opposing party and
provided further, that public or private
counsel responsible for their preparation
and submission pays a fine of not less
than Php1,000.00 nor more than
Php5,000.00, at the discretion of the

court. (Sec. 10 (a)(b)(c)).
¾ JA shall take effect on January 1, 2013
following its publication in two
newspapers of general circulation not
later than September 15, 2012. It shall
also apply to existing cases. The Court En
Banc gave public prosecutors in first and
second level courts one year of modified
compliance. The JAR thus took full effect
on January 1, 2014. (Ng Meng Tam v.
China Banking Corp., G.R. No. 214054,
[August 5, 2015]).
6. Cross-examination. Upon the termination of the

direct examination, the witness may be cross-
examined by the adverse party as to any matters
stated in the direct examination, or connected
therewith, with sufficient fullness and freedom to
test his/her accuracy and truthfulness and
freedom from interest or bias, or the reverse, and
to elicit all important facts bearing upon the
issue.
7. Re-direct examination. After the cross-

examination of the witness has been concluded,
he/she may be re-examined by the party calling
him/her, to explain or supplement his/her
answers given during the cross-examination. On
re-direct-examination, questions on matters not
dealt with during the cross-examination, may be
allowed by the court in its discretion.
8. Re-cross-examination. Upon the conclusion of

the re-direct examination, the adverse party may
re-cross-examine the witness on matters stated in
his/her re-direct examination, and also on such
other matters as may be allowed by the court in
its discretion.
9. Recalling witness. After the examination of a

witness by both sides has been concluded, the
witness cannot be recalled without leave of the
court. The court will grant or withhold leave in its
discretion, as the interests of justice may require.

10. Leading and misleading questions. A question
which suggests to the witness the answer which
the examining party desires is a leading question.
It is not allowed, except:
a. On cross examination;
b. On preliminary matters;
c. When there is a difficulty is getting direct and
intelligible answers from a witness who is
ignorant, or a child of tender years, or is of
feeble mind, or a deaf-mute;
d. Of an unwilling or hostile witness; or
e. Of a witness who is an adverse party or an
officer, director, or managing agent of a
public or private corporation or of a
partnership or association which is an
adverse party.
A misleading question is one which assumes as

true a fact not yet testified to by the witness, or
contrary to that which he/she has previously
stated. It is not allowed.
11. Impeachment of adverse party's witness. A

witness may be impeached by the party against
whom he/she was called, by contradictory
evidence, by evidence that his general reputation
for truth, honestly, or integrity is bad, or by
evidence that he has made at other times
statements inconsistent with his/her present,
testimony, but not by evidence of particular
wrongful acts, except that it may be shown by the
examination of the witness, or the record of the
judgment, that he/she has been convicted of an
offense.
1. Appellant attempts to impeach the credibility of

prosecution witnesses for the reason that they
were biased witnesses. Appellant pointed out
that Esguerra testified that as a fraternity
brother he would do anything and everything
for the victim. A witness may be said to be
biased when his relation to the cause or to the
parties is such that he has an incentive to
exaggerate or give false color or pervert the

truth, or to state what is false. To impeach a
biased witness, the counsel must lay the proper
foundation of the bias by asking the witness the
facts constituting the bias. In the case at bar,
there was no proper impeachment by bias of
the three (3) prosecution witnesses. Esguerra's
testimony that he would do anything for his
fellow brothers was too broad and general so as
to constitute a motive to lie before the trial
court. Counsel for the defense failed to
propound questions regarding the tenets of the
fraternity that espouse absolute fealty of the
members to each other. The question was
phrased so as to ask only for Esguerra's
personal conviction. (People v. Peralta y
Ringor, G.R. No. 128116, [January 24, 2001],
403 PHIL 72-92).
2. x x x [A] witness cannot be impeached by

evidence of particular wrongful acts unless
there is a showing of previous conviction by
final judgment such that not even the existence
of a pending information may be shown to
impeach him. In the present case, there was no
testimony that the reputation of Beatisola for
truth, honesty or integrity is bad. The defense
merely presented evidence of the witness's
alleged previous wrongful acts by the
introduction into evidence of criminal
complaints filed by police officers and offended
parties against the witness before the
municipal trial court. There is no showing that
these cases were eventually tried and that
Beatisola was convicted thereof. Thus, they
only establish that criminal complaints were
filed against the witness and as such, the fact
thus established will not detract from
Beatisola's competence as a witness. (People v.
Nanas, G.R. No. 137299, [August 21, 2001],
415 PHIL 683-705).
12. Party may not impeach his own witness. The party
producing a witness is not allowed to impeach his
credibility, except if the witness is an unwilling or
hostile witness or an adverse party or an officer,
director, or managing agent of a public or private

corporation or of a partnership or association which
is an adverse party.
A witness may be considered as unwilling or hostile

only if so declared by the court upon adequate
showing of his adverse interest, unjustified
reluctance to testify, or his/her having misled the
party into calling him/her to the witness stand.
The unwilling or hostile witness so declared, or the

witness who is an adverse party, may be impeached
by the party presenting him/her in all respects as if
he/she had been called by the adverse party, except
by evidence of his/her bad character. He may also
be impeached and cross-examined by the adverse
party, but such cross-examination must only be on
the subject matter of his examination-in-chief.
13. Before a witness can be impeached. Before a

witness can be impeached by evidence that he/she
has made at other times statements inconsistent
with his/her present testimony, the statements must
be related to him/her, with the circumstances of the
times and places and the persons present, and
he/she must be asked whether he/she made such
statements, and if so, allowed to explain them. If the
statements be in writing they must be shown to the
witness before any question is put to him/her
concerning them.
14. Evidence of good character of witness. Evidence of

the good character of a witness is not admissible
until such character has been impeached.
15. Exclusion and separation of witnesses. On any trial

or hearing, the judge may exclude from the court
any witness not at the time under examination, so
that he/she may not hear the testimony of other
witnesses. The judge may also cause witnesses to be
kept separate and to be prevented from conversing
with one another until all shall have been examined.
16. When witness may refer to memorandum. A

witness may be allowed to refresh his/her memory
respecting a fact, by anything written or recorded by
himself/herself or under his/her direction at the

time when the fact occurred, or immediately
thereafter, or at any other time when the fact was
fresh in his/her memory and knew that the same
was correctly written or recorded; but in such case
the writing or record must be produced and may be
inspected by the adverse party, who may, if he/she
chooses, cross examine the witness upon it, and may
read it in evidence. So, also, a witness may testify
from such writing or record, though he/she retains
no recollection of the particular facts, if he/she is
able to swear that the writing or record correctly
stated the transaction when made; but such
evidence must be received with caution.
17. When part of transaction, writing or record given

in evidence, the remainder is admissible. When part
of an act, declaration, conversation, writing or
record is given in evidence by one party, the whole
of the same subject may be inquired into by the
other, and when a detached act, declaration,
conversation, writing or record is given in evidence,
any other act, declaration, conversation, writing or
record necessary to its understanding may also be
given in evidence.
18. Right to inspect writing shown to witness.

Whenever a writing is shown to a witness, it may be
inspected by the adverse party.
B. Authentication and Proof of Documents
1. Classes of Documents. For the purpose of their

presentation evidence, documents are either public or
private.
Public documents are:
a. The written official acts, or records of the official

acts of the sovereign authority, official bodies and
tribunals, and public officers, whether of the
Philippines, or of a foreign country;
b. Documents acknowledge before a notary public
except last wills and testaments; and
c. Public records, kept in the Philippines, of private
documents required by law to the entered
therein.

All other writings are private.
2. Proof of private document. Before any private

document offered as authentic is received in evidence,
its due execution and authenticity must be proved
either:
a. By anyone who saw the document executed or

written; or
b. By evidence of the genuineness of the signature
or handwriting of the maker.
Any other private document need only be identified

as that which it is claimed to be.
3. When evidence of authenticity of private document

not necessary. Where a private document is more
than thirty years old, is produced from the custody in
which it would naturally be found if genuine, and is
unblemished by any alterations or circumstances of
suspicion, no other evidence of its authenticity need
be given.
4. How genuineness of handwriting proved. The

handwriting of a person may be proved by any
witness who believes it to be the handwriting of such
person because he/she has seen the person write, or
has seen writing purporting to be his/her upon which
the witness has acted or been charged, and has thus
acquired knowledge of the handwriting of such
person. Evidence respecting the handwriting may also
be given by a comparison, made by the witness or the
court, with writings admitted or treated as genuine by
the party against whom the evidence is offered, or
proved to be genuine to the satisfaction of the judge.
5. Public documents as evidence. Documents consisting

of entries in public records made in the performance
of a duty by a public officer are prima facie evidence
of the facts therein stated. All other public documents
are evidence, even against a third person, of the fact
which gave rise to their execution and of the date of
the latter.

6. Proof of official record. The record of public
documents referred to in paragraph (a) of Section 19,
when admissible for any purpose, may be evidenced
by an official publication thereof or by a copy attested
by the officer having the legal custody of the record,
or by his deputy, and accompanied, if the record is
not kept in the Philippines, with a certificate that such
officer has the custody. If the office in which the
record is kept is in foreign country, the certificate may
be made by a secretary of the embassy or legation,
consul general, consul, vice consul, or consular agent
or by any officer in the foreign service of the
Philippines stationed in the foreign country in which
the record is kept, and authenticated by the seal of his
office.
7. What attestation of copy must state. Whenever a

copy of a document or record is attested for the
purpose of evidence, the attestation must state, in
substance, that the copy is a correct copy of the
original, or a specific part thereof, as the case may be.
The attestation must be under the official seal of the
attesting officer, if there be any, or if he/she be the
clerk of a court having a seal, under the seal of such
court.
8. Irremovability of public record. Any public record,

an official copy of which is admissible in evidence,
must not be removed from the office in which it is
kept, except upon order of a court where the
inspection of the record is essential to the just
determination of a pending case.
9. Public record of a private document. An authorized

public record of a private document may be proved by
the original record, or by a copy thereof, attested by
the legal custodian of the record, with an appropriate
certificate that such officer has the custody.
10. Proof of lack of record. A written statement signed by

an officer having the custody of an official record or
by his deputy that after diligent search no record or
entry of a specified tenor is found to exist in the
records of his office, accompanied by a certificate as
above provided, is admissible as evidence that the
records of his office contain no such record or entry.

11. How judicial record is impeached. Any judicial
record may be impeached by evidence of: (a) want of
jurisdiction in the court or judicial officer, (b)
collusion between the parties, or (c) fraud in the party
offering the record, in respect to the proceedings.
12. Proof of notarial documents. Every instrument duly

acknowledged or proved and certified as provided by
law, may be presented in evidence without further
proof, the certificate of acknowledgment being prima
facie evidence of the execution of the instrument or
document involved.
13. The party producing a document as genuine which

has been altered and appears to have been altered
after its execution, in a part material to the question
in dispute, must account for the alteration. He may
show that the alteration was made by another,
without his concurrence, or was made with the
consent of the parties affected by it, or was otherwise
properly or innocent made, or that the alteration did
not change the meaning or language of the
instrument. If he fails to do that, the document shall
not be admissible in evidence.
14. Seal. There shall be no difference between sealed and

unsealed private documents insofar as their
admissibility as evidence is concerned.
15. Documentary evidence in an unofficial language.

Documents written in an unofficial language shall not
be admitted as evidence, unless accompanied with a
translation into English or Filipino. To avoid
interruption of proceedings, parties or their attorneys
are directed to have such translation prepared before
trial.
C. Offer and Objection
1. Offer of evidence. The court shall consider no

evidence which has not been formally offered. The
purpose for which the evidence is offered must be
specified.

Relevant jurisprudences:
1. First, it is well-settled that the courts cannot
consider evidence which has not been formally
offered. Parties are required to inform the courts
of the purpose of introducing their respective
exhibits to assist the latter in ruling on their
admissibility in case an objection thereto is made.
Without a formal offer of evidence, courts are
constrained to take no notice of the evidence even
if it has been marked and identified. Needless to
say, the failure of petitioner to make a formal offer
of evidence was detrimental to its cause.
This case does not fall within the exception in

Oñate v. Court of Appeals, (320 Phil. 344 [1995])
where the Court relaxed the foregoing rule and
allowed evidence, not formally offered, to be
considered on condition that: (1) evidence must
have been identified by testimony duly recorded
and (2) it must have been incorporated in the
records of the case. In this case, ". . . [petitioner's]
duly marked and identified exhibits [were] not
incorporated in the records. . . They are nowhere
to be found." (Far East Bank & Trust Co. v.
Commissioner of Internal Revenue, G.R. No.
149589, [September 15, 2006], 533 PHIL 386-
391).
2. The rule on formal offer of evidence is not a trivial

matter. Failure to make a formal offer within a
considerable period of time shall be deemed a waiver
to submit it. Consequently, any evidence that has not
been offered shall be excluded and rejected (Heirs of
Pasag v. Spouses Parocha, G.R. No. 155483, [April
27, 2007], 550 PHIL 571-585).
3. When to make offer. As regards to the testimony of a

witness, the offer must be made at the time the
witness is called to testify.
Documentary and object evidence shall be offered

after the presentation of a party's testimonial
evidence. Such offer shall be done orally unless
allowed by the court to be done in writing.

4. Objection to evidence offered orally must be made
immediately after the offer is made.
Objection to a question propounded in the course of

the oral examination of a witness shall be made as
soon as the grounds therefor shall become reasonably
apparent.
An offer of evidence in writing shall be objected to

within three (3) days after notice unless a different
period is allowed by the court.
In any case, the grounds for the objections must be

specified.
Relevant jurisprudences:
1. In order to exclude evidence, the objection to

admissibility of evidence must be made at the
proper time, and the grounds specified.
Objection to evidence must be made at the time it
is formally offered. In case of documentary
evidence, offer is made after all the witnesses of
the party making the offer have testified,
specifying the purpose for which the evidence is
being offered. It is only at this time, and not at
any other, that objection to the documentary
evidence may be made. And when a party failed
to interpose a timely objection to evidence at the
time they were offered in evidence, such
objection shall be considered as waived. This is
true even if by its nature the evidence is
inadmissible and would have surely been rejected
if it had been challenged at the proper time.
Moreover, grounds for objection must be
specified in any case. Grounds for objections not
raised at the proper time shall be considered
waived, even if the evidence was objected to on
some other ground. Thus, even on appeal, the
appellate court may not consider any other
ground of objection, except those that were
raised at the proper time. (Lorenzana v. Lelina,
G.R. No. 187850, [August 17, 2016]) (Citations
omitted).

2. The established doctrine is that when a party
failed to interpose a timely objection to evidence
at the time they were offered in evidence, such
objection shall be considered as waived. In Tison
v. Court of Appeals, G.R. No. 121027, July 31,
1997, the Supreme Court set out the applicable
principle in the following terms:
“[F]or while the documentary evidence

submitted by petitioners do not strictly
conform to the rules on their admissibility,
we are, however, of the considered opinion
that the same may be admitted by reason
of private respondent’s failure to interpose
any timely objection thereto at the time
they were being offered in evidence. It is
elementary that an objection shall be made
at the time when an alleged inadmissible
document is offered in evidence, otherwise,
the objection shall be treated as waived,
since the right to object is merely a
privilege which the party may waive.
As explained in Abrenica vs. Gonda, et al.,

it has been repeatedly laid down as a rule
of evidence that a protest or objection
against the admission of any evidence must
be made at the proper time, otherwise, it
will be deemed to have been waived. The
proper time is when from the question
addressed to the witness, or from the
answer thereto, or from the presentation of
the proof, the inadmissibility of the
evidence is, or may be inferred.
Thus, a failure to except to the evidence

because it does not conform with the
statute is a waiver of the provisions of the
law. That objection to a question put to a
witness must be made at the time the
question is asked. An objection to the
admission of evidence on the ground of
incompetency, taken after the testimony
has been given, is too late. Thus, for
instance, failure to object to parol evidence
given on the stand, where the party is in a

position to object, is a waiver of any
objections thereto.” [Emphasis added.]
(Blas v. Angeles-Hutalla, G.R. No. 155594,
[September 27, 2004], 482 PHIL 485-
508).
5. When repetition of objection unnecessary. When it

becomes reasonably apparent in the course of the
examination of a witness that the question being
propounded are of the same class as those to which
objection has been made, whether such objection was
sustained or overruled, it shall not be necessary to
repeat the objection, it being sufficient for the adverse
party to record his/her continuing objection to such
class of questions.
6. The ruling of the court must be given immediately

after the objection is made, unless the court desires to
take a reasonable time to inform itself on the question
presented; but the ruling shall always be made during
the trial and at such time as will give the party against
whom it is made an opportunity to meet the situation
presented by the ruling.
7. The reason for sustaining or overruling an objection

need not be stated. However, if the objection is based
on two or more grounds, a ruling sustaining the
objection on one or some of them must specify the
ground or grounds relied upon.
8. Striking out answer. Should a witness answer the

question before the adverse party had the opportunity
to voice fully its objection to the same, and such
objection is found to be meritorious, the court shall
sustain the objection and order the answer given to be
stricken off the record.
On proper motion, the court may also order the

striking out of answers which are incompetent,
irrelevant, or otherwise improper.
9. Tender of excluded evidence. If documents or things

offered in evidence are excluded by the court, the
offeror may have the same attached to or made part
of the record. If the evidence excluded is oral, the
offeror may state for the record the name and other

personal circumstances of the witness and the
substance of the proposed testimony.
III. WEIGHT AND SUFFICIENCY OF EVIDENCE
A. Preponderance of evidence, how it is determined. In

civil cases, the party having burden of proof must
establish his case by a preponderance of evidence. In
determining where the preponderance or superior
weight of evidence on the issues involved lies, the
court may consider all the facts and circumstances of
the case, the witnesses' manner of testifying, their
intelligence, their means and opportunity of knowing
the facts to which there are testifying, the nature of the
facts to which they testify, the probability or
improbability of their testimony, their interest or want
of interest, and also their personal credibility so far as
the same may legitimately appear upon the trial. The
court may also consider the number of witnesses,
though the preponderance is not necessarily with the
greater number.
B. Proof beyond reasonable doubt. In a criminal case,

the accused is entitled to an acquittal, unless his guilt
is shown beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a degree of
proof, excluding possibility of error, produces absolute
certainly. Moral certainly only is required, or that
degree of proof which produces conviction in an
unprejudiced mind.
1. Upon the prosecution's failure to meet this test,

acquittal becomes the constitutional duty of the
Court, lest its mind be tortured with the thought
that it has imprisoned an innocent man for the rest
of his life. In our criminal justice system, the
overriding consideration is not whether the court
doubts the innocence of the accused but whether it
entertains a reasonable doubt as to his guilt. Where
there is reasonable doubt as to the guilt of the
accused, he must be acquitted even though his
innocence may be doubted since the constitutional
right to be presumed innocent until proven guilty
can only be overthrown by proof beyond

reasonable doubt. This is not to say that accused-
appellant was completely innocent. x x x In
acquitting accused-appellant, we are guided by the
principle that it is better to free a guilty man than
to unjustly keep in prison one whose guilt has not
been proved by the required quantum of evidence.
It is only when the conscience is satisfied that the
crime has been committed by the person on trial
that the judgment must be for conviction. (People
v. Divina y Duro, G.R. No. 146423, [November 12,
2002], 440 PHIL 72-80).
2. Proof beyond reasonable doubt requires moral

certainty. If the inculpatory facts and
circumstances are capable of two or more
explanations or interpretations, one of which is
consistent with the innocence of the accused and
the other consistent with his guilt, the evidence
does not fulfill or hurdle the test of moral certainty
and does not suffice to convict. (Layola v. Gabo,
Jr., A.M. No. RTJ-00-1524, [January 26, 2000],
380 PHIL 318-327).
3. A finding of guilt must rest on the strength of the

prosecution's own evidence, not on the weakness of
the evidence or even absence thereof for the
defense. Moreover, the evidence for the
prosecution must meet the test of moral certainty,
that is, proof beyond reasonable doubt that indeed
the accused is guilty of the offense charged. (People
v. Decillo, G.R. No. 121408, [October 2, 2000], 395
PHIL 812-822).
C. Extra-judicial confession, not sufficient ground for

conviction. An extra-judicial confession made by an
accused, shall not be sufficient ground for conviction,
unless corroborated by evidence of corpus delicti.
1. The guilt of the appellant has not been proven

beyond reasonable doubt. The appealed decision
relies mainly on the appellant's alleged extra-
judicial confession (Exhibit A). Assuming that said
confession was not obtained by force and
intimidation, as alleged by the appellant, it is

insufficient to sustain the appellant's conviction
because it was not corroborated by evidence of
corpus delicti. The only witness who testified about
the corpus delicti was Sergeant Cooper, and his
testimony is mere hearsay. (People v. Cruz y
Encarnacion, G.R. No. L-146, [May 7, 1946], 76
PHIL 666-669).
2. The prevailing exclusionary rule on extra-judicial

confessions obtained during custodial
interrogation is still that laid down in People vs.
Galit, G.R. No. L-51770, March 20, 1985. Since the
execution of the extra-judicial confession of
Angelito Yabut (Exhibit K) was, admittedly, made
in the absence of counsel, de parte or de oficio, and
the waiver of counsel was not made with the
assistance of counsel, as required, said extra-
judicial confession should be disregarded. (People
v. Lacap, G.R. No. 78730, [March 8, 1989], 253
PHIL 133-143).
3. Settled is the rule that once the prosecution has

shown that there was compliance with the
constitutional requirement on pre-interrogation
advisories, a confession is presumed to be
voluntary and the declarant bears the burden of
proving that his confession was involuntary and
untrue. The burden is on the accused to destroy
this presumption. (People v. Ponseca y Soriano,
G.R. Nos. 100940-41, [November 27, 2001], 422
PHIL 113-125).
D. Circumstantial evidence, when sufficient.

Circumstantial evidence is sufficient for conviction if:
a. There are more than one circumstances;

b. The facts from which the inferences are derived
are proven; and
c. The combination of all the circumstances is such
as to produce a conviction beyond reasonable
doubt.
E. Substantial evidence. In cases filed before

administrative or quasi-judicial bodies, a fact may be
deemed established if it is supported by substantial
evidence, or that amount of relevant evidence which a

reasonable mind might accept as adequate to justify a
conclusion.
F. Power of the court to stop further evidence. The court

may stop the introduction of further testimony upon
any particular point when the evidence upon it is
already so full that more witnesses to the same point
cannot be reasonably expected to be additionally
persuasive. But this power should be exercised with
caution.
G. Evidence on motion. When a motion is based on facts

not appearing of record the court may hear the matter
on affidavits or depositions presented by the
respective parties, but the court may direct that the
matter be heard wholly or partly on oral testimony or
depositions
IV. PERPETUATION OF TESTIMONY
A. Petition. A person who desires to perpetuate his/her

own testimony or that of another person regarding
any matter that may be cognizable in any court of the
Philippines, may file a verified petition in the court of
the province of the residence of any expected adverse
party.
B. Contents of petition. The petition shall be entitled in

the name of the petitioner and shall show:
1. That the petitioner expects to be a party to an

action in a court of the Philippines but is
presently unable to bring it or cause it to be
brought;
2. The subject matter of the expected action and his
interest therein;
3. The facts which he desires to establish by the
proposed testimony and his reasons for desiring
to perpetuate it;
4. The names of a description of the persons he
expects will be adverse parties and their
addresses so far as known; and
5. The names and addresses of the persons to be
examined and the substance of the testimony
which he expects to elicit from each, and shall ask
for an order authorizing the petitioner to take the

depositions of the persons to be examined named
in the petition for the purpose of perpetuating
their testimony.
C. Notice and service. The petitioner shall thereafter

serve a notice upon each person named in the petition
as an expected adverse party, together with a copy of
a petition, stating that the petitioner will apply to the
court, at a time and place named therein, for the
order described in the petition. At least twenty (20)
days before the date of hearing the notice shall be
served in the manner provided for service of
summons.
D. Order of examination. If the court is satisfied that the

perpetuation of the testimony may prevent a failure
or delay of justice, it shall make an order designating
or describing the persons whose deposition may be
taken and specifying the subject matter of the
examination, and whether the depositions shall be
taken upon oral examination or written
interrogatories. The depositions may then be taken in
accordance with Rule 24 of the Rules of Court before
the hearing.
E. Reference to court. For the purpose of applying Rule

24 of the Rules of Court to depositions for
perpetuating testimony, each reference therein to the
court in which the action is pending shall be deemed
to refer to the court in which the petition for such
deposition was filed.
F. Use of deposition. If a deposition to perpetuate

testimony is taken under this rule, or if, although not
so taken, it would be admissible in evidence, it may be
used in any action involving the same subject matter
subsequently brought in accordance with the
provisions of Sections 4 and 5 of Rule 24 of the Rules
of Court.
G. Depositions pending appeal. If an appeal has been

taken from a judgment of the Regional Trial Court or
before the taking of an appeal if the time therefor has
not expired, the Regional Trial Court in which the
judgment was rendered may allow the taking of
depositions of witnesses to perpetuate their testimony

for use in the event of further proceedings in the said
court. In such case the party who desires to
perpetuate the testimony may make a motion in the
said Regional Trial Court for leave to take the
depositions, upon the same notice and service thereof
as if the action was pending therein. The motion shall
show:
1. The name and the addresses of the persons to be

examined and the substance of the testimony
which he/she expects to elicit from each; and
2. The reason for perpetuating their testimony.
If the court finds that the perpetuation of the

testimony is proper to avoid a failure or delay of
justice, it may make an order allowing the depositions
to be taken, and thereupon the depositions may be
taken and used in the same manner and under the
same conditions as are prescribed in these rules for
depositions taken in actions pending in the Regional
Trial Court.

OBJECTIONS
(Rule 128 – 133, Rules of Evidence)
I. CONCEPT
The rule is that evidence not objected to is deemed

admitted and may be validly considered by the court in
arriving at its judgment. (People vs. Lopez, G.R. No.
188902, February 16, 2011).
II. REASON FOR OBJECTING
To prevent the other party from introducing or from

eliciting improper, irrelevant, immaterial evidence or
prejudicial testimony of a witness.
III. TIPS FOR MAKING OBJECTIONS
1. Be timely. As soon as you hear that the question is

objectionable, prepare to object. But, as a courtesy to
opposing counsel and the judge, let the counsel finish
his/her question, before objecting. If you object late,
that is after the witness has answered, the judge might
overrule your objection on the ground that the witness
has already answered the question.
2. Stand up. Stand up every time you make an objection,

unless the judge tells you that it is ok to object sitting
down.
3. State the grounds for objection. State briefly the legal

ground for your objection without further explaining
it.
4. Do not talk too much. Explain your objection only

when the judge asked you to do so.
5. Make a motion to strike inadmissible answer of a

witness. Sometimes it is not apparent from the
question that it is objectionable, it only manifests itself
after the witness has answered. In this instance, you
may still object. If your objection is sustained, move
for striking out of the answer of the witness.

6. Only object if it helps your case. If the witness is about
to give an answer that is favorable to your case, do not
object. Likewise, if the answer has no impact to your
case, do not object. Objecting too much, even on
minor or trivial matters, will only irritate the judge.
7. When in doubt, OBJECT! If the question or issue

appears important to your case or if the evidence to be
given is objectionable, but you do not know the
appropriate legal ground to use, object using a general
or nonspecific objection. In most instances, the judge
will sustain your objection and state the appropriate
legal ground.
IV. OBJECTIONS TO THE FORM OF QUESTION
These are objections to the form or structure of the

questions (e.g. question is vague, ambiguous, leading or
misleading). Such objection can be remedied by simply
rephrasing the question.
Examples:
1. Argumentative. Consists of arguments, interpretation

of the evidence or recitation of the facts
x “You came to this court with no intention of

telling the truth, isn’t not?”
x “Isn’t it true that there is not even a fraction of a
piece of evidence that would support your
version of the facts?”
x “After you abused your supervisory role to
intimidate Ms. Tapia into going out on a date
with you, you finally got what you wanted, isn’t
that true?”
2. Leading Question. A question that suggests a particular

answer.
x Generally not permitted in direct examination but

allowed in cross-examination.
9 Exception: preliminary background

questions; hostile witnesses; questions that
cannot be asked in a non-leading way.

x Leading question usually contain phrases like
“did you not”, “isn’t it true”
9 Non-leading or open-ended questions start

with: “Why”, “What”, “When”, “Where”,
“How”
Non-Leading Question Leading Question

(Open-Ended)
Where did you go next? You then went to the dry cleaner,
isn’t that correct?
Did anyone request your Mrs. Smith screamed for your
help? help, did she not?
3. Asked and Answered.
4. Misstates Testimony (or Misleading). The question

misstates or misquotes the witness’ testimony.
Example
Q: Have you ever done any business with my client,

Mr. Chan?
A: Yes, on several occasions.
Q: Over the course of the many years you’ve known
Mr. Chan, had he ever indicated to you before that
he would not be able to fulfill the terms of the
contract?
The question is objectionable on the ground that it

misstates or misquotes the witness’s testimony because
the witness did not say that he knew Mr. Chan over the
course of many years, but only that he had done
business with him on several occasions.
5. Calls for a Narrative. The question is too broad that it

essentially calls for the witness to give a lengthy
narrative.

Example
Q: Tell me about your employment history since

graduating from high school?
6. Calls for Speculation. A question that asks the witness

to speculate or guess.
Note: A witness may only testify as to their personal

knowledge.
Example
Q: What was the police officer thinking when he saw

you reach inside your pocket?
This is objectionable. Asking the witness for someone

else’s state of mind calls for speculation since the
witness cannot read minds.
7. Compound Question. A question that contains two or

more questions. The problem with this question is that
the witness does not know which of the two or three
questions to answer.
Example
Q: You stole the computer from your employer’s office

on March 2nd and sold it on March 5th to buy
drugs, is that correct?
There are 3 questions in this example:
(1) You stole the computer from your employer’s office

on March 2nd;
(2) Sold it on March 5th; and
(3) To buy drugs.
8. Harassing, Embarrassing, Degrading the Character

or Badgering the Witness. These are questions that
involve personal attacks, insulting, embarrassing, or
degrades the character of the witness.

Examples
Q: The only reason why you married Mr. Smith is

because you are after his money, isn’t that true?
Q: You knew you could never fulfill the contract
because you are too lazy and stupid to do this kind
of work, right?
9. Non-responsive. This objection refers to the answer of

a witness that is not responsive to the question.
Example
Q: What part of your body did you injure in the

accident?
A: I sustained injuries due to the negligence of that
incompetent driver.
This is objectionable because it did not answer the

question “What part of your body did you injure in the
accident?” You can move that the answer be stricken
off the record.
V. OBJECTIONS TO SUBSTANCE OF THE TESTIMONY
1. Lacks Foundation. The party offering the evidence has

met the proper legal standard for admitting the document
or eliciting the testimony.
Example
Q: Were you standing at the intersection when the

accident occurred?
A: Yes
Q: Are you able to estimate how fast the red car was
going?
The question is objectionable on the ground of lack of

foundation because there has been no testimony yet
that the witness saw the accident, and that the accident
involved a red car.

Rephrased Question
Q: While standing at the intersection, what did you
see?
A: I saw a car accident.
Q: How many cars were involved?
A: Two cars.
Q: Please describe the 2 cars.
A: One was white the other was red.
2. Assumes Facts not in Evidence. It is a question that

included a fact that has no yet been presented. It is
similar to objection for lack of foundation.
Example
Q: Did you not pay your car loan with the bank for 3
months?
A: Yes.
Q: Did your boyfriend offer to pay your past due car
loan?
This will be objectionable if there has been no

testimony or evidence presented yet that the witness
has a boyfriend.
3. Irrelevant. Evidence is admissible when it is relevant to

the issue. (Sec. 3, Rule 128, Rules of Court).
4. Hearsay. It is not based on the personal knowledge and

experience of the one testifying.
Example
Q: What happened next?

A: I heard the police say “it looks like the driver of the
red car was at fault”.
5. Calls for Speculation or Lacks Personal Knowledge.

This happens when the witness is being asked to make a
guess or give an opinion or testify to something outside
his knowledge.
Example
Q: When Mr. Chan signed the contract, what was his

understanding of when his payment was due?
CHAPTER X
FLOWCHART ON
CONTINOUS TRIAL


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CHAPTER XI
INDIGENOUS PEOPLES’
RIGHTS ACT OF 1997

Republic Act No. 8371
AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE

RIGHTS OF INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLES, CREATING A
NATIONAL COMMISSION ON INDIGENOUS PEOPLES,
ESTABLISHING IMPLEMENTING MECHANISMS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
CHAPTER I General Provisions
SECTION 1. Short Title. — This Act shall be known as “The Indigenous

Peoples’ Rights Act of 1997”.
SECTION 2. Declaration of State Policies. — The State shall recognize and

promote all the rights of Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) hereunder enumerated within the framework of the
Constitution:
a) The State shall recognize and promote the rights of ICCs/IPs

within the framework of national unity and development;
b) The State shall protect the rights of ICCs/IPs to their ancestral

domains to ensure their economic, social and cultural well being
and shall recognize the applicability of customary laws governing
property rights or relations in determining the ownership and
extent of ancestral domain;
c) The State shall recognize, respect and protect the rights of

ICCs/IPs to preserve and develop their cultures, traditions and
institutions. It shall consider these rights in the formulation of
national laws and policies;
d) The State shall guarantee that members of the ICCs/IPs regardless

of sex, shall equally enjoy the full measure of human rights and
freedoms without distinction or discrimination;
e) The State shall take measures, with the participation of the

ICCs/IPs concerned, to protect their rights and guarantee respect
for their cultural integrity, and to ensure that members of the
ICCs/IPs benefit on an equal footing from the rights and
opportunities which national laws and regulations grant to other
members of the population; and

f) The State recognizes its obligations to respond to the strong
expression of the ICCs/IPs for cultural integrity by assuring
maximum ICC/IP participation in the direction of education,
health, as well as other services of ICCs/IPs, in order to render
such services more responsive to the needs and desires of these
communities.
Towards these ends, the State shall institute and establish the necessary
mechanisms to enforce and guarantee the realization of these rights,
taking into consideration their customs, traditions, values, beliefs,
interests and institutions, and to adopt and implement measures to protect
their rights to their ancestral domains.
CHAPTER II Definition of Terms
SECTION 3. Definition of Terms. — For purposes of this Act, the following

terms shall mean:
a) Ancestral Domains — Subject to Section 56 hereof, refer to all

areas generally belonging toICCs/IPs comprising lands, inland
waters, coastal areas, and natural resources therein, held under a
claim of ownership, occupied or possessed by ICCs/IPs, by
themselves or through their ancestors, communally or
individually since time immemorial, continuously to the present
except when interrupted by war, force majeure or displacement by
force, deceit, stealth or as a consequence of government projects
or any other voluntary dealings entered into by government and
private individuals/corporations, and which are necessary to
ensure their economic, social and cultural welfare. It shall include
ancestral lands, forests, pasture, residential, agricultural, and
other lands individually owned whether alienable and disposable
or otherwise, hunting grounds, burial grounds, worship areas,
bodies of water, mineral and other natural resources, and lands
which may no longer be exclusively occupied by ICCs/IPs but from
which they traditionally had access to for their subsistence and
traditional activities, particularly the home ranges of ICCs/IPs
who are still nomadic and/or shifting cultivators;
b) Ancestral Lands — Subject to Section 56 hereof, refers to land

occupied, possessed and utilized by individuals, families and clans
who are members of the ICCs/IPs since time immemorial, by
themselves or through their predecessors-in-interest, under
claims of individual or traditional group ownership, continuously,
to the present except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a consequence of
government projects and other voluntary dealings entered into by

government and private individuals/corporations, including, but
not limited to, residential lots, rice terraces or paddies, private
forests, swidden farms and tree lots;
c) Certificate of Ancestral Domain Title — refers to a title formally

recognizing the rights of possession and ownership of ICCs/IPs
over their ancestral domains identified and delineated in
accordance with this law;
d) Certificate of Ancestral Lands Title — refers to a title formally

recognizing the rights of ICCs/IPs over their ancestral lands;
e) Communal Claims — refer to claims on land, resources and rights

thereon, belonging to the whole community within a defined
territory;
f) Customary Laws — refer to a body of written and/or unwritten

rules, usages, customs and practices traditionally and continually
recognized, accepted and observed by respective ICCs/IPs;
g) Free and Prior Informed Consent — as used in this Act shall mean
the consensus of all members of the ICCs/IPs to be determined in
accordance with their respective customary laws and practices,
free from any external manipulation, interference and coercion,
and obtained after fully disclosing the intent and scope of the
activity, in a language and process understandable to the
community;
h) Indigenous Cultural Communities/lndigenous Peoples — refer to

a group of people or homogenous societies identified by self-
ascription and ascription by others, who have continuously lived
as organized community on communally bounded and defined
territory, and who have, under claims of ownership since time
immemorial, occupied, possessed and utilized such territories,
sharing common bonds of language, customs, traditions and other
distinctive cultural traits, or who have, through resistance to
political, social and cultural inroads of colonization, non-
indigenous religions and cultures, became historically
differentiated from the majority of Filipinos. ICCs/IPs shall
likewise include peoples who are regarded as indigenous on
account of their descent from the populations which inhabited the
country, at the time of conquest or colonization, or at the time of
inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all
of their own social, economic, cultural and political institutions,
but who may have been displaced from their traditional domains
or who may have resettled outside their ancestral domains;
i) Indigenous Political Structures — refer to organizational and
cultural leadership systems, institutions, relationships, patterns
and processes for decision-making and participation, identified by
ICCs/IPs such as, but not limited to, Council of Elders, Council of
Timuays, Bodong Holders, or any other tribunal or body of similar
nature;
j) Individual Claims — refer to claims on land and rights thereon

which have been devolved to individuals, families and clans
including, but not limited to, residential lots, rice terraces or
paddies and tree lots;
k) National Commission on Indigenous Peoples (NCIP) — refers to

the office created under this Act, which shall be under the Office
of the President, and which shall be the primary government
agency responsible for the formulation and implementation of
policies, plans and programs to recognize, protect and promote
the rights of ICCs/IPs;
l) Native Title — refers to pre-conquest rights to lands and domains

which, as far back as memory reaches, have been held under a
claim of private ownership by ICCs/IPs, have never been public
lands and are thus indisputably presumed to have been held that
way since before the Spanish Conquest;
m) Nongovernment Organization — refers to a private, nonprofit

voluntary organization that has been organized primarily for the
delivery of various services to the ICCs/IPs and has an established
track record for effectiveness and acceptability in the community
where it serves;
n) People’s Organization — refers to a private, nonprofit voluntary

organization of members of an ICC/IP which is accepted as
representative of such ICCs/IPs;
o) Sustainable Traditional Resource Rights — refer to the rights of

ICCs/IPs to sustainably use, manage, protect and conserve a) land,
air, water, and minerals; b) plants, animals and other organisms;
c) collecting, fishing and hunting grounds; d) sacred sites; and e)
other areas of economic, ceremonial and aesthetic value in
accordance with their indigenous knowledge, beliefs, systems and
practices; and
p) Time Immemorial — refers to a period of time when as far back as

memory can go, certain ICCs/IPs are known to have occupied,
possessed in the concept of owner, and utilized a defined territory

devolved to them, by operation of customary law or inherited from
their ancestors, in accordance with their customs and traditions.
CHAPTER III Rights to Ancestral Domains
SECTION 4. Concept of Ancestral Lands/Domains. —Ancestral

lands/domains shall include such concepts of territories which cover not
only the physical environment but the total environment including the
spiritual and cultural bonds to the areas which the ICCs/IPs possess,
occupy and use and to which they have claims of ownership.
SECTION 5. Indigenous Concept of Ownership. — Indigenous concept of

ownership sustains the view that ancestral domains and all resources
found therein shall serve as the material bases of their cultural integrity.
The indigenous concept of ownership generally holds that ancestral
domains are the ICC’s/IP’s private but community property which belongs
to all generations and therefore cannot be sold, disposed or destroyed. It
likewise covers sustainable traditional resource rights.
SECTION 6. Composition of Ancestral Lands/Domains. —Ancestral lands

and domains shall consist of all areas generally belonging to ICCs/IPs as
referred under Sec. 3, items (a) and (b) of this Act.
SECTION 7. Rights to Ancestral Domains. — The rights of ownership and

possession of ICCs/IPs to
their ancestral domains shall be recognized and protected. Such rights
shall include:
a) Right of Ownership. — The right to claim ownership over lands,

bodies of water traditionally and actually occupied by ICCs/IPs,
sacred places, traditional hunting and fishing grounds, and all
improvements made by them at any time within the domains;
b) Right to Develop Lands and Natural Resources. — Subject to

Section 56 hereof, right to develop, control and use lands and
territories traditionally occupied, owned, or used; to manage and
conserve natural resources within the territories and uphold the
responsibilities for future generations; to benefit and share the
profits from allocation and utilization of the natural resources
found therein; the right to negotiate the terms and conditions for
the exploration of natural resources in the areas for the purpose of
ensuring ecological, environmental protection and the
conservation measures, pursuant to national and customary laws;
the right to an informed and intelligent participation in the
formulation and implementation of any project, government or
private, that will affect or impact upon the ancestral domains and
to receive just and fair compensation for any damages which they
may sustain as a result of the project; and the right to effective
measures by the government to prevent any interference with,
alienation and encroachment upon these rights;
c) Right to Stay in the Territories. — The right to stay in the territory

and not to be removed therefrom. No ICCs/IPs will be relocated
without their free and prior informed consent, nor through any
means other than eminent domain. Where relocation is
considered necessary as an exceptional measure, such relocation
shall take place only with the free and prior informed consent of
the ICCs/IPs concerned and whenever possible, they shall be
guaranteed the right to return to their ancestral domains, as soon
as the grounds for relocation cease to exist. When such return is
not possible, as determined by agreement or through appropriate
procedures, ICCs/IPs shall be provided in all possible cases with
lands of quality and legal status at least equal to that of the land
previously occupied by them, suitable to provide for their present
needs and future development. Persons thus relocated shall
likewise be fully compensated for any resulting loss or injury;
d) Right in Case of Displacement. — In case displacement occurs as

a result of natural catastrophes, the State shall endeavor to resettle
the displaced ICCs/IPs in suitable areas where they can have
temporary life support systems: Provided, That the displaced
ICCs/IPs shall have the right to return to their abandoned lands
until such time that the normalcy and safety of such lands shall be
determined: Provided, further, That should their ancestral
domain cease to exist and normalcy and safety of the previous
settlements are not possible, displaced ICCs/IPs shall enjoy
security of tenure over lands to which they have been resettled:
Provided, furthermore, That basic services and livelihood shall be
provided to them to ensure that their needs are adequately
addressed;
e) Right to Regulate Entry of Migrants. — Right to regulate the entry

of migrant settlers and organizations into the domains;
f) Right to Safe and Clean Air and Water. — For this purpose, the
ICCs/IPs shall have access to integrated systems for the
management of their inland waters and air space;
g) Right to Claim Parts of Reservations. — The right to claim parts

of the ancestral domains which have been reserved for various
purposes, except those reserved and intended for common public
welfare and service; and

h) Right to Resolve Conflict. — Right to resolve land conflicts in
accordance with customary laws of the area where the land is
located, and only in default thereof shall the complaints be
submitted to amicable settlement and to the Courts of Justice
whenever necessary.
SECTION 8. Rights to Ancestral Lands. — The right of ownership and

possession of the ICCs/IPs to their ancestral lands shall be recognized and
protected.
a) Right to transfer land/property. — Such right shall include the

right to transfer land or property rights to/among members of the
same ICCs/IPs, subject to customary laws and traditions of the
community concerned.
b) Right to Redemption. — In cases where it is shown that the

transfer of land/property rights by virtue of any agreement or
devise, to a non-member of the concerned ICCs/IPs is tainted by
the vitiated consent of the ICCs/IPs, or is transferred for an
unconscionable consideration or price, the transferor ICC/IP shall
have the right to redeem the same within a period not exceeding
fifteen (15) years from the date of transfer.
SECTION 9. Responsibilities of ICCs/IPs to their Ancestral Domains. —

ICCs/IPs occupying a duly certified ancestral domain shall have the
following responsibilities:
a) Maintain Ecological Balance. —To preserve, restore, and maintain

a balanced ecology in the ancestral domain by protecting the flora
and fauna, watershed areas, and other reserves;
b) Restore Denuded Areas. — To actively initiate, undertake and

participate in the reforestation of denuded areas and other
development programs and projects subject to just and reasonable
remuneration; and
c) Observe Laws. — To observe and comply with the provisions of

this Act and the rules and regulations for its effective
implementation.
SECTION 10. Unauthorized and Unlawful Intrusion. — Unauthorized and

unlawful intrusion upon, or use of any portion of the ancestral domain, or
any violation of the rights hereinbefore enumerated, shall be punishable
under this law. Furthermore, the Government shall take measures to
prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs or

lack of understanding of laws to secure ownership, possession of land
belonging to said ICCs/IPs.
SECTION 11. Recognition of Ancestral Domain Rights. —The rights of

ICCs/IPs to their ancestral domains by virtue of Native Title shall be
recognized and respected. Formal recognition, when solicited by ICCs/IPs
concerned, shall be embodied in a Certificate of Ancestral Domain Title
(CADT), which shall recognize the title of the concerned ICCs/IPs over the
territories identified and delineated.
SECTION 12. Option to Secure Certificate of Title Under Commonwealth

Act 141, as amended, or the Land Registration Act 496. — Individual
members of cultural communities, with respect to their individually-
owned ancestral lands who, by themselves or through their predecessors-
in-interest, have been in continuous possession and occupation of the
same in the concept of owner since time immemorial or for a period of not
less than thirty (30) years immediately preceding the approval of this Act
and uncontested by the members of the same ICCs/IPs shall have the
option to secure title to their ancestral lands under the provisions of
Commonwealth Act 141, as amended, or the Land Registration Act 496.
For this purpose, said individually-owned ancestral lands, which are

agricultural in character and actually used for agricultural, residential,
pasture, and tree farming purposes, including those with a slope of
eighteen percent (18%) or more, are hereby classified as alienable and
disposable agricultural lands.
The option granted under this section shall be exercised within twenty (20)
years from the approval of this Act.
CHAPTER IV Right to Self-Governance and Empowerment
SECTION 13. Self-Governance. —The State recognizes the inherent right

of ICCs/IPs to self- governance and self-determination and respects the
integrity of their values, practices and institutions. Consequently, the State
shall guarantee the right of ICCs/IPs to freely pursue their economic, social
and cultural development.
SECTION 14. Support for Autonomous Regions. —The State shall continue
to strengthen and support the autonomous regions created under the
Constitution as they may require or need. The State shall likewise
encourage other ICCs/IPs not included or outside Muslim Mindanao and
the Cordilleras to use the form and content of their ways of life as may be
compatible with the fundamental rights defined in the Constitution of the
Republic of the Philippines and other internationally recognized human
rights.

SECTION 15. Justice System, Conflict Resolution Institutions, and Peace
Building Processes. —The ICCs/IPs shall have the right to use their own
commonly accepted justice systems, conflict resolution institutions, peace
building processes or mechanisms and other customary laws and practices
within their respective communities and as may be compatible with the
national legal system and with internationally recognized human rights.
SECTION 16. Right to Participate in Decision-Making. — ICCs/IPs have

the right to participate fully, if they so choose, at all levels of decision-
making in matters which may affect their rights, lives and destinies
through procedures determined by them as well as to maintain and
develop their own indigenous political structures. Consequently, the State
shall ensure that the ICCs/IPs shall be given mandatory representation in
policy-making bodies and other local legislative councils.
SECTION 17. Right to Determine and Decide Priorities for Development.

—The ICCs/IPs shall have the right to determine and decide their own
priorities for development affecting their lives, beliefs, institutions,
spiritual well-being, and the lands they own, occupy or use. They shall
participate in the formulation, implementation and evaluation of policies,
plans and programs for national, regional and local development which
may directly affect them.
SECTION 18. Tribal Barangays. — The ICCs/IPs living in contiguous areas

or communities where they form the predominant population but which
are located in municipalities, provinces or cities where they do not
constitute the majority of the population, may form or constitute a
separate barangay in accordance with the Local Government Code on the
creation of tribal barangays.
SECTION 19. Role of Peoples Organizations. — The State shall recognize

and respect the role of independent ICCs/IPs organizations to enable the
ICCs/IPs to pursue and protect their legitimate and collective interests and
aspirations through peaceful and lawful means.
SECTION 20. Means for Development/Empowerment of ICCs/IPs. — The

Government shall establish the means for the full
development/empowerment of the ICCs/IPs own institutions and
initiatives and, where necessary, provide the resources needed therefor.
CHAPTER V Social Justice and Human Rights
SECTION 21. Equal Protection and Non-discrimination of ICCs/IPs. —

Consistent with the equal protection clause of the Constitution of the
Republic of the Philippines, the Charter of the United Nations, the
Universal Declaration of Human Rights including the Convention on the

Elimination of Discrimination Against Women and International Human
Rights Law, the State shall, with due recognition of their distinct
characteristics and identity, accord to the members of the ICCs/IPs the
rights, protections and privileges enjoyed by the rest of the citizenry. It
shall extend to them the same employment rights, opportunities, basic
services, educational and other rights and privileges available to every
member of the society. Accordingly, the State shall likewise ensure that the
employment of any form of force or coercion against ICCs/IPs shall be
dealt with by law.
The State shall ensure that the fundamental human rights and freedoms
as enshrined in the Constitution and relevant international instruments
are guaranteed also to indigenous women. Towards this end, no provision
in this Act shall be interpreted so as to result in the diminution of rights
and privileges already recognized and accorded to women under existing
laws of general application.
SECTION 22. Rights During Armed Conflict. — ICCs/IPs have the right to
special protection and security in periods of armed conflict. The State shall
observe international standards, in particular, the Fourth Geneva
Convention of 1949, for the protection of civilian populations in
circumstances of emergency and armed conflict, and shall not recruit
members of the ICCs/IPs against their will into the armed forces, and in
particular, for use against other ICCs/IPs; nor recruit children of ICCs/IPs
into the armed forces under any circumstance; nor force indigenous
individuals to abandon their lands, territories and means of subsistence,
or relocate them in special centers for military purposes under any
discriminatory condition.
SECTION 23. Freedom from Discrimination and Right to Equal

Opportunity and Treatment. — It shall be the right of the ICCs/IPs to be
free from any form of discrimination, with respect to recruitment and
conditions of employment, such that they may enjoy equal opportunities
for admission to employment, medical and social assistance, safety as well
as other occupationally-related benefits, informed of their rights under
existing labor legislation and of means available to them for redress, not
subject to any coercive recruitment systems, including bonded labor and
other forms of debt servitude; and equal treatment in employment for men
and women, including the protection from sexual harassment.
Towards this end, the State shall, within the framework of national laws
and regulations, and in cooperation with the ICCs/IPs concerned, adopt
special measures to ensure the effective protection with regard to the
recruitment and conditions of employment of persons belonging to these
communities, to the extent that they are not effectively protected by laws
applicable to workers in general.

ICCs/IPs shall have the right to association and freedom for all trade union
activities and the right to conclude collective bargaining agreements with
employers’ organizations. They shall likewise have the right not to be
subject to working conditions hazardous to their health, particularly
through exposure to pesticides and other toxic substances.
SECTION 24. Unlawful Acts Pertaining to Employment. — It shall be

unlawful for any person:
a) To discriminate against any ICC/IP with respect to the terms and

conditions of employment on account of their descent. Equal
remuneration shall be paid to ICC/IP and non-ICC/IP for work of
equal value; and
b) To deny any ICC/IP employee any right or benefit herein provided

for or to discharge them for the purpose of preventing them from
enjoying any of the rights or benefits provided under this Act.
SECTION 25. Basic Services. — The ICCs/IPs have the right to special
measures for the immediate, effective and continuing improvement of
their economic and social conditions, including in the areas of
employment, vocational training and retraining, housing, sanitation,
health and social security. Particular attention shall be paid to the rights
and special needs of indigenous women, elderly, youth, children and
differently-abled persons. Accordingly, the State shall guarantee the right
of ICCs/IPs to government’s basic services which shall include, but not
limited to, water and electrical facilities, education, health, and
infrastructure.
SECTION 26. Women. — ICC/IP women shall enjoy equal rights and
opportunities with men, as regards the social, economic, political and
cultural spheres of life. The participation of indigenous women in the
decision-making process in all levels, as well as in the development of
society, shall be given due respect and recognition.
The State shall provide full access to education, maternal and child care,
health and nutrition, and housing services to indigenous women.
Vocational, technical, professional and other forms of training shall be
provided to enable these women to fully participate in all aspects of social
life. As far as possible, the State shall ensure that indigenous women have
access to all services in their own languages.
SECTION 27. Children and Youth. —The State shall recognize the vital role
of the children and youth of ICCs/IPs in nation-building and shall promote
and protect their physical, moral, spiritual, intellectual and social well-

being. Towards this end, the State shall support all government programs
intended for the development and rearing of the children and youth of
ICCs/IPs for civic efficiency and establish such mechanisms as may be
necessary for the protection of the rights of the indigenous children and
youth.
SECTION 28. Integrated System of Education. —The State shall, through

the NCIP, provide a complete, adequate and integrated system of
education, relevant to the needs of the children and young people of
ICCs/IPs.
CHAPTER VI Cultural Integrity
SECTION 29. Protection of Indigenous Culture, Traditions and

Institutions. — The State shall respect, recognize and protect the right of
ICCs/IPs to preserve and protect their culture, traditions and institutions.
It shall consider these rights in the formulation and application of national
plans and policies.
SECTION 30. Educational Systems. —The State shall provide equal access
to various cultural opportunities to the ICCs/IPs through the educational
system, public or private cultural entities, scholarships, grants and other
incentives without prejudice to their right to establish and control their
educational systems and institutions by providing education in their own
language, in a manner appropriate to their cultural methods of teaching
and learning. Indigenous children/youth shall have the right to all levels
and forms of education of the State.
SECTION 31. Recognition of Cultural Diversity. — The State shall

endeavor to have the dignity and diversity of the cultures, traditions,
histories and aspirations of the ICCs/IPs appropriately reflected in all
forms of education, public information and cultural-educational exchange.
Consequently, the State shall take effective measures, in consultation with
ICCs/IPs concerned, to eliminate prejudice and discrimination and to
promote tolerance, understanding and good relations among ICCs/IPs and
all segments of society. Furthermore, the Government shall take effective
measures to ensure that the State-owned media duly reflect indigenous
cultural diversity. The State shall likewise ensure the participation of
appropriate indigenous leaders in schools, communities and international
cooperative undertakings like festivals, conferences, seminars and
workshops to promote and enhance their distinctive heritage and values.
SECTION 32. Community Intellectual Rights. — ICCs/IPs have the right

to practice and revitalize their own cultural traditions and customs. The
State shall preserve, protect and develop the past, present and future
manifestations of their cultures as well as the right to the restitution of

cultural, intellectual, religious, and spiritual property taken without their
free and prior informed consent or in violation of their laws, traditions and
customs.
SECTION 33. Rights to Religious, Cultural Sites and Ceremonies. —

ICCs/IPs shall have the right to manifest, practice, develop, and teach their
spiritual and religious traditions, customs and ceremonies; the right to
maintain, protect and have access to their religious and cultural sites; the
right to use and control of ceremonial objects; and, the right to the
repatriation of human remains. Accordingly, the State shall take effective
measures, in cooperation with the ICCs/IPs concerned, to ensure that
indigenous sacred places, including burial sites, be preserved, respected
and protected. To achieve this purpose, it shall be unlawful to:
a) Explore, excavate or make diggings on archeological sites of the

ICCs/IPs for the purpose of obtaining materials of cultural values
without the free and prior informed consent of the community
concerned; and
b) Deface, remove or otherwise destroy artifacts which are of great

importance to the ICCs/IPs for the preservation of their cultural
heritage.
SECTION 34. Right to Indigenous Knowledge Systems and Practices and

to Develop own Sciences and Technologies. — ICCs/IPs are entitled to the
recognition of the full ownership and control and protection of their
cultural and intellectual rights. They shall have the right to special
measures to control, develop and protect their sciences, technologies and
cultural manifestations, including human and other genetic resources,
seeds, including derivatives of these resources, traditional medicines and
health practices, vital medicinal plants, animals and minerals, indigenous
knowledge systems and practices, knowledge of the properties of fauna
and flora, oral traditions, literature, designs, and visual and performing
arts.
SECTION 35. Access to Biological and Genetic Resources. —Access to

biological and genetic resources and to indigenous knowledge related to
the conservation, utilization and enhancement of these resources, shall be
allowed within ancestral lands and domains of the ICCs/IPs only with a
free and prior informed consent of such communities, obtained in
accordance with customary laws of the concerned community.
SECTION 36. Sustainable Agro-Technical Development. — The State shall

recognize the right of ICCs/IPs to a sustainable agro-technological
development and shall formulate and implement programs of action for its
effective implementation. The State shall likewise promote the bio-genetic
and resource management systems among the ICCs/IPs and shall

encourage cooperation among government agencies to ensure the
successful sustainable development of ICCs/IPs.
SECTION 37. Funds for Archeological and Historical Sites. —The ICCs/IPs
shall have the right to receive from the national government all funds
especially earmarked or allocated for the management and preservation of
their archeological and historical sites and artifacts with the financial and
technical support of the national government agencies.
CHAPTER VII National Commission on Indigenous Peoples

(NCIP)
SECTION 38. National Commission on Indigenous Cultural

Communities/lndigenous Peoples (NCIP). — To carry out the policies
herein set forth, there shall be created the National Commission on
ICCs/IPs (NCIP), which shall be the primary government agency
responsible for the formulation and implementation of policies, plans and
programs to promote and protect the rights and well-being of the ICCs/IPs
and the recognition of their ancestral domains as well as the rights thereto.
SECTION 39. Mandate. — The NCIP shall protect and promote the interest
and well-being of the ICCs/IPs with due regard to their beliefs, customs,
traditions and institutions.
SECTION 40. Composition. — The NCIP shall be an independent agency

under the Office of the President and shall be composed of seven (7)
Commissioners belonging to ICCs/IPs, one (1) of whom shall be the
Chairperson. The Commissioners shall be appointed by the President of
the Philippines from a list of recommendees submitted by authentic
ICCs/IPs: Provided, That the seven (7) Commissioners shall be appointed
specifically from each of the following ethnographic areas: Region I and
the Cordilleras; Region II; the rest of Luzon; Island Groups including
Mindoro, Palawan, Romblon, Panay and the rest of the Visayas; Northern
and Western Mindanao; Southern and Eastern Mindanao; and Central
Mindanao: Provided, That at least two (2) of the seven (7) Commissioners
shall be women.
SECTION 41. Qualifications, Tenure, Compensation. —The Chairperson

and the six (6) Commissioners must be natural born Filipino citizens, bona
fide members of the ICCs/IPs as certified by his/her tribe, experienced in
ethnic affairs and who have worked for at least ten (10) years with an
ICC/IP community and/or any government agency involved in ICC/IP, at
least 35 years of age at the time of appointment, and must be of proven
honesty and integrity: Provided, That at least two (2) of the seven (7)
Commissioners shall be members of the Philippine Bar: Provided, further,
That the members of the NCIP shall hold office for a period of three (3)
years, and may be subject to re-appointment for another term: Provided,

furthermore, That no person shall serve for more than two (2) terms.
Appointment to any vacancy shall only be for the unexpired term of the
predecessor and in no case shall a member be appointed or designated in
a temporary or acting capacity: Provided, finally, That the Chairperson
and the Commissioners shall be entitled to compensation in accordance
with the Salary Standardization Law.
SECTION 42. Removal from Office. —Any member of the NCIP may be
removed from office by the President, on his own initiative or upon
recommendation by any indigenous community, before the expiration of
his term for cause and after complying with due process requirement of
law.
SECTION 43. Appointment of Commissioners. — The President shall

appoint the seven (7) Commissioners of the NCIP within ninety (90) days
from the effectivity of this Act.
SECTION 44. Powers and Functions. —To accomplish its mandate, the
NCIP shall have the following powers, jurisdiction and function:
a) To serve as the primary government agency through which

ICCs/IPs can seek government assistance and as the medium,
through which such assistance may be extended;
b) To review and assess the conditions of ICCs/IPs including existing

laws and policies pertinent thereto and to propose relevant laws
and policies to address their role in national development;
c) To formulate and implement policies, plans, programs and

projects for the economic, social and cultural development of the
ICCs/IPs and to monitor the implementation thereof;
d) To request and engage the services and support of experts from

other agencies of government or employ private experts and
consultants as may be required in the pursuit of its objectives;
e) To issue certificate of ancestral land/domain title;
f) Subject to existing laws, to enter into contracts, agreements, or

arrangement, with government or private agencies or entities as
may be necessary to attain the objectives of this Act, and subject
to the approval of the President, to obtain loans from government
lending institutions and other lending institutions to finance its
programs;
g) To negotiate for funds and to accept grants, donations, gifts

and/or properties in whatever form and from whatever source,
local and international, subject to the approval of the President of
the Philippines, for the benefit of ICCs/IPs and administer the
same in accordance with the terms thereof; or in the absence of
any condition, in such manner consistent with the interest of
ICCs/IPs as well as existing laws;
h) To coordinate development programs and projects for the

advancement of the ICCs/IPs and to oversee the proper
implementation thereof;
i) To convene periodic conventions or assemblies of IPs to review,

assess as well as propose policies or plans;
j) To advise the President of the Philippines on all matters relating

to the ICCs/IPs and to submit within sixty (60) days after the close
of each calendar year, a report of its operations and achievements;
k) To submit to Congress appropriate legislative proposals intended

to carry out the policies under this Act;
l) To prepare and submit the appropriate budget to the Office of the

President;
m) To issue appropriate certification as a pre-condition to the grant

of permit, lease, grant, or any other similar authority for the
disposition, utilization, management and appropriation by any
private individual, corporate entity or any government agency,
corporation or subdivision thereof on any part or portion of the
ancestral domain taking into consideration the consensus
approval of the ICCs/IPs concerned;
n) To decide all appeals from the decisions and acts of all the various
offices within the Commission;
o) To promulgate the necessary rules and regulations for the

implementation of this Act;
p) To exercise such other powers and functions as may be directed by

the President of the Republic of the Philippines; and
q) To represent the Philippine ICCs/IPs in all international

conferences and conventions dealing with indigenous peoples and
other related concerns.
SECTION 45. Accessibility and Transparency. — Subject to such

limitations as may be provided by law or by rules and regulations

promulgated pursuant thereto, all official records, documents and papers
pertaining to official acts, transactions or decisions, as well as research
data used as basis for policy development of the Commission shall be made
accessible to the public.
SECTION 46. Offices within the NCIP —The NCIP shall have the following
offices which shall be responsible for the implementation of the policies
hereinafter provided:
a) Ancestral Domains Office — The Ancestral Domain Office shall be

responsible for the identification, delineation and recognition of
ancestral lands/domains. It shall also be responsible for the
management of ancestral lands/domains in accordance with a
master plan as well as the implementation of the ancestral domain
rights of the ICCs/IPs as provided in Chapter III of this Act. It shall
also issue, upon the free and prior informed consent of the
ICCs/IPs concerned, certification prior to the grant of any license,
lease or permit for the exploitation of natural resources affecting
the interests of ICCs/IPs or their ancestral domains and to assist
the ICCs/IPs in protecting the territorial integrity of all ancestral
domains. It shall likewise perform such other functions as the
Commission may deem appropriate and necessary;
b) Office on Policy, Planning and Research —The Office on Policy,

Planning and Research shall be responsible for the formulation of
appropriate policies and programs for ICCs/IPs such as, but not
limited to, the development of a Five-Year Master Plan for the
ICCs/IPs. Such plan shall undergo a process such that every five
years, the Commission shall endeavor to assess the plan and make
ramifications in accordance with the changing situations. The
Office shall also undertake the documentation of customary law
and shall establish and maintain a Research Center that would
serve as a depository of ethnographic information for monitoring,
evaluation and policy formulation. It shall assist the legislative
branch of the national government in the formulation of
appropriate legislation benefiting ICCs/IPs;
c) Office of Education, Culture and Health — The Office on Culture,

Education and Health shall be responsible for the effective
implementation of the education, cultural and related rights as
provided in this Act. It shall assist, promote and support
community schools, both formal and non-formal, for the benefit
of the local indigenous community, especially in areas where
existing educational facilities are not accessible to members of the
indigenous group. It shall administer all scholarship programs
and other educational rights intended for ICC/IP beneficiaries in
coordination with the Department of Education, Culture and
Sports and the Commission on Higher Education. It shall
undertake, within the limits of available appropriation, a special
program which includes language and vocational training, public
health and family assistance program and related subjects.
It shall also identify ICCs/IPs with potential training in the health

profession and encourage and assist them to enroll in schools of
medicine, nursing, physical therapy and other allied courses
pertaining to the health profession.
Towards this end, the NCIP shall deploy a representative in each

of the said offices who shall personally perform the foregoing task
and who shall receive complaints from the ICCs/IPs and compel
action from appropriate agency. It shall also monitor the activities
of the National Museum and other similar government agencies
generally intended to manage and preserve historical and
archeological artifacts of the ICCs/IPs and shall be responsible for
the implementation of such other functions as the NCIP may deem
appropriate and necessary;
d) Office on Socio-Economic Services and Special Concerns — The

Office on Socio-Economic Services and Special Concerns shall
serve as the Office through which the NCIP shall coordinate with
pertinent government agencies specially charged with the
implementation of various basic socio-economic services, policies,
plans and programs affecting the ICCs/IPs to ensure that the same
are properly and directly enjoyed by them. It shall also be
responsible for such other functions as the NCIP may deem
appropriate and necessary;
e) Office of Empowerment and Human Rights — The Office of

Empowerment and Human Rights shall ensure that indigenous
socio-political, cultural and economic rights are respected and
recognized. It shall ensure that capacity building mechanisms are
instituted and ICCs/IPs are afforded every opportunity, if they so
choose, to participate in all levels of decision-making. It shall
likewise ensure that the basic human rights, and such other rights
as the NCIP may determine, subject to existing laws, rules and
regulations, are protected and promoted;
f) Administrative Office — The Administrative Office shall provide

the NCIP with economical, efficient and effective services
pertaining to personnel, finance, records, equipment, security,
supplies and related services. It shall also administer the Ancestral
Domains Fund; and
g) Legal Affairs Office — There shall be a Legal Affairs Office which

shall advice the NCIP on all legal matters concerning ICCs/IPs and
which shall be responsible for providing ICCs/IPs with legal
assistance in litigation involving community interest. It shall
conduct preliminary investigation on the basis of complaints filed
by the ICCs/IPs against a natural or juridical person believed to
have violated ICCs/IPs rights. On the basis of its findings, it shall
initiate the filing of appropriate legal or administrative action to
the NCIP.
SECTION 47. Other Offices. — The NCIP shall have the power to create
additional offices as it may deem necessary subject to existing rules and
regulations.
SECTION 48. Regional and Field Offices. — Existing regional and field
offices shall remain to function under the strengthened organizational
structure of the NCIP. Other field offices shall be created wherever
appropriate and the staffing pattern thereof shall be determined by the
NCIP: Provided, That in provinces where there are ICCs/IPs but without
field offices, the NCIP shall establish field offices in said provinces.
SECTION 49. Office of the Executive Director. — The NCIP shall create the
Office of the Executive Director which shall serve as its secretariat. The
Office shall be headed by an Executive Director who shall be appointed by
the President of the Republic of the Philippines upon recommendation of
the NCIP on permanent basis. The staffing pattern of the office shall be
determined by the NCIP subject to the existing rules and regulations.
SECTION 50. Consultative Body. —A body consisting of the traditional

leaders, elders and representatives from the women and youth sectors of
the different ICCs/IPs shall be constituted by the NCIP from time to time
to advise it on matters relating to the problems, aspirations and interests
of the ICCs/IPs.
CHAPTER VIII Delineation and Recognition of Ancestral

Domains
SECTION 51. Delineation and Recognition of Ancestral Domains. — Self-

delineation shall be the guiding principle in the identification and
delineation of ancestral domains. As such, the ICCs/IPs concerned shall
have a decisive role in all the activities pertinent thereto. The Sworn
Statement of the Elders as to the scope of the territories and
agreements/pacts made with neighboring ICCs/IPs, if any, will be
essential to the determination of these traditional territories. The
Government shall take the necessary steps to identify lands which the
ICCs/IPs concerned traditionally occupy and guarantee effective
protection of their rights of ownership and possession thereto. Measures
shall be taken in appropriate cases to safeguard the right of the ICCs/IPs

concerned to land which may no longer be exclusively occupied by them,
but to which they have traditionally had access for their subsistence and
traditional activities, particularly of ICCs/IPs who are still nomadic and/or
shifting cultivators.
SECTION 52. Delineation Process. —The identification and delineation of

ancestral domains shall be done in accordance with the following
procedures:
a) Ancestral Domains Delineated Prior to this Act. — The provisions

hereunder shall not apply to ancestral domains/lands already
delineated according to DENR Administrative Order No. 2, series
of 1993, nor to ancestral lands and domains delineated under any
other community/ancestral domain program prior to the
enactment of this law. ICCs/IPs whose ancestral lands/domains
were officially delineated prior to the enactment of this law shall
have the right to apply for the issuance of a Certificate of Ancestral
Domain Title (CADT) over the area without going through the
process outlined hereunder;
b) Petition for Delineation. — The process of delineating a specific

perimeter may be initiated by the NCIP with the consent of the
ICC/IP concerned, or through a Petition for Delineation filed with
the NCIP, by a majority of the members of the ICCs/IPs;
c) Delineation Proper. —The official delineation of ancestral domain

boundaries including census of all community members therein,
shall be immediately undertaken by the Ancestral Domains Office
upon filing of the application by the ICCs/IPs concerned.
Delineation will be done in coordination with the community
concerned and shall at all times include genuine involvement and
participation by the members of the communities concerned;
d) Proof Required. — Proof of Ancestral Domain Claims shall include

the testimony of elders or community under oath, and other
documents directly or indirectly attesting to the possession or
occupation of the area since time immemorial by such ICCs/IPs in
the concept of owners which shall be any one (1) of the following
authentic documents:
1) Written accounts of the ICCs/IPs customs and traditions;
2) Written accounts of the ICCs/IPs political structure and

institution; Pictures showing long term occupation such as
those of old improvements, burial grounds, sacred places and
old villages;

3) Historical accounts, including pacts and agreements
concerning boundaries entered into by the ICCs/IPs
concerned with other ICCs/IPs;
4) Survey plans and sketch maps;
5) Anthropological data;
6) Genealogical surveys;
7) Pictures and descriptive histories of traditional communal

forests and hunting grounds;
8) Pictures and descriptive histories of traditional landmarks

such as mountains, rivers, creeks, ridges, hills, terraces and
the like; and
9) Write-ups of names and places derived from the native dialect

of the community.
e) Preparation of Maps. — On the basis of such investigation and the

findings of fact based thereon, the Ancestral Domains Office of the
NCIP shall prepare a perimeter map, complete with technical
descriptions, and a description of the natural features and
landmarks embraced therein;
f) Report of Investigation and Other Documents. —A complete copy

of the preliminary census and a report of investigation, shall be
prepared by the Ancestral Domains Office of the NCIP;
g) Notice and Publication. —A copy of each document, including a

translation in the native language of the ICCs/IPs concerned shall
be posted in a prominent place therein for at least fifteen (15) days.
A copy of the document shall also be posted at the local, provincial
and regional offices of the NCIP, and shall be published in a
newspaper of general circulation once a week for two (2)
consecutive weeks to allow other claimants to file opposition
thereto within fifteen (15) days from date of such publication:
Provided, That in areas where no such newspaper exists,
broadcasting in a radio station will be a valid substitute: Provided,
further, That mere posting shall be deemed sufficient if both
newspaper and radio station are not available;
h) Endorsement to NCIP. —Within fifteen (15) days from

publication, and of the inspection process, the Ancestral Domains

Office shall prepare a report to the NCIP endorsing a favorable
action upon a claim that is deemed to have sufficient proof.
However, if the proof is deemed insufficient, the Ancestral
Domains Office shall require the submission of additional
evidence: Provided, That the Ancestral Domains Office shall reject
any claim that is deemed patently false or fraudulent after
inspection and verification: Provided, further, That in case of
rejection, the Ancestral Domains Office shall give the applicant
due notice, copy furnished all concerned, containing the grounds
for denial. The denial shall be appealable to the NCIP: Provided,
furthermore, That in cases where there are conflicting claims
among ICCs/IPs on the boundaries of ancestral domain claims,
the Ancestral Domains Office shall cause the contending parties to
meet and assist them in coming up with a preliminary resolution
of the conflict, without prejudice to its full adjudication according
to the section below.
i) Turnover of Areas Within Ancestral Domains Managed by

Other Government Agencies. — The Chairperson of the NCIP
shall certify that the area covered is an ancestral domain. The
secretaries of the Department of Agrarian Reform, Department
of Environment and Natural Resources, Department of the
Interior and Local Government, and Department of Justice, the
Commissioner of the National Development Corporation, and
any other government agency claiming jurisdiction over the
area shall be notified thereof. Such notification shall terminate
any legal basis for the jurisdiction previously claimed;
j) Issuance of CADT. — ICCs/IPs whose ancestral domains have

been officially delineated and determined by the NCIP shall be
issued a CADT in the name of the community concerned,
containing a list of all those identified in the census; and
k) Registration of CADTs. — The NCIP shall register issued

certificates of ancestral domain titles and certificates of ancestral
lands titles before the Register of Deeds in the place where the
property is situated.
SECTION 53. Identification, Delineation and Certification of Ancestral

Lands. —
a) The allocation of lands within any ancestral domain to individual

or indigenous corporate (family or clan) claimants shall be left to
the ICCs/IPs concerned to decide in accordance with customs and
traditions;

b) Individual and indigenous corporate claimants of ancestral lands
which are not within ancestral domains, may have their claims
officially established by filing applications for the identification
and delineation of their claims with the Ancestral Domains Office.
An individual or recognized head of a family or clan may file such
application in his behalf or in behalf of his family or clan,
respectively;
c) Proofs of such claims shall accompany the application form which

shall include the testimony under oath of elders of the community
and other documents directly or indirectly attesting to the
possession or occupation of the areas since time immemorial by
the individual or corporate claimants in the concept of owners
which shall be any of the authentic documents enumerated under
Sec. 52 (d) of this Act, including tax declarations and proofs of
payment of taxes;
d) The Ancestral Domains Office may require from each ancestral

claimant the submission of such other documents, Sworn
Statements and the like, which in its opinion, may shed light on
the veracity of the contents of the application/claim;
e) Upon receipt of the applications for delineation and recognition of

ancestral land claims, the Ancestral Domains Office shall cause the
publication of the application and a copy of each document
submitted including a translation in the native language of the
ICCs/IPs concerned in a prominent place therein for at least
fifteen (15) days. A copy of the document shall also be posted at
the local, provincial, and regional offices of the NCIP and shall be
published in a newspaper of general circulation once a week for
two (2) consecutive weeks to allow other claimants to file
opposition thereto within fifteen (15) days from the date of such
publication: Provided, That in areas where no such newspaper
exists, broadcasting in a radio station will be a valid substitute:
Provided, further, That mere posting shall be deemed sufficient if
both newspapers and radio station are not available;
f) Fifteen (15) days after such publication, the Ancestral Domains

Office shall investigate and inspect each application, and if found
to be meritorious, shall cause a parcellary survey of the area being
claimed. The Ancestral Domains Office shall reject any claim that
is deemed patently false or fraudulent after inspection and
verification. In case of rejection, the Ancestral Domains Office
shall give the applicant due notice, copy furnished all concerned,
containing the grounds for denial. The denial shall be appealable
to the NCIP. In case of conflicting claims among individuals or
indigenous corporate claimants, the Ancestral Domains Office

shall cause the contending parties to meet and assist them in
coming up with a preliminary resolution of the conflict, without
prejudice to its full adjudication according to Sec. 62 of this Act.
In all proceedings for the identification or delineation of the
ancestral domains as herein provided, the Director of Lands shall
represent the interest of the Republic of the Philippines; and
g) The Ancestral Domains Office shall prepare and submit a report

on each and every application surveyed and delineated to the
NCIP, which shall, in turn, evaluate the report submitted. If the
NCIP finds such claim meritorious, it shall issue a certificate of
ancestral land, declaring and certifying the claim of each
individual or corporate (family or clan) claimant over ancestral
lands.
SECTION 54. Fraudulent Claims. — The Ancestral Domains Office may,

upon written request from the ICCs/IPs, review existing claims which have
been fraudulently acquired by any person or community. Any claim found
to be fraudulently acquired by, and issued to, any person or community
may be cancelled by the NCIP after due notice and hearing of all parties
concerned.
SECTION 55. Communal Rights. — Subject to Section 56 hereof, areas

within the ancestral domains, whether delineated or not, shall be
presumed to be communally held: Provided, That communal rights under
this Act shall not be construed as co-ownership as provided in Republic
Act No. 386, otherwise known as the New Civil Code.
SECTION 56. Existing Property Rights Regimes. — Property rights within

the ancestral domains already existing and/or vested upon effectivity of
this Act, shall be recognized and respected.
SECTION 57. Natural Resources within Ancestral Domains. — The

ICCs/IPs shall have priority rights in the harvesting, extraction,
development or exploitation of any natural resources within the ancestral
domains. A non-member of the ICCs/IPs concerned may be allowed to
take part in the development and utilization of the natural resources for a
period of not exceeding twenty-five (25) years renewable for not more than
twenty-five (25) years: Provided, That a formal and written agreement is
entered into with the ICCs/IPs concerned or that the community, pursuant
to its own decision making process, has agreed to allow such operation:
Provided, finally, That the NCIP may exercise visitorial powers and take
appropriate action to safeguard the rights of the ICCs/IPs under the same
contract.
SECTION 58. Environmental Considerations. —Ancestral domains or

portions thereof, which are found to be necessary for critical watersheds,
mangroves, wildlife sanctuaries, wilderness, protected areas, forest cover,
or reforestation as determined by appropriate agencies with the full
participation of the ICCs/IPs concerned shall be maintained, managed and
developed for such purposes. The ICCs/IPs concerned shall be given the
responsibility to maintain, develop, protect and conserve such areas with
the full and effective assistance of government agencies. Should the
ICCs/IPs decide to transfer the responsibility over the areas, said decision
must be made in writing. The consent of the ICCs/IPs should be arrived at
in accordance with its customary laws without prejudice to the basic
requirements of existing laws on free and prior informed consent:
Provided, That the transfer shall be temporary and will ultimately revert
to the ICCs/IPs in accordance with a program for technology transfer:
Provided, further, That no ICCs/IPs shall be displaced or relocated for the
purpose enumerated under this section without the written consent of the
specific persons authorized to give consent.
SECTION 59. Certification Precondition. —All departments and other

governmental agencies shall henceforth be strictly enjoined from issuing,
renewing, or granting any concession, license or lease, or entering into any
production-sharing agreement, without prior certification from the NCIP
that the area affected does not overlap with any ancestral domain. Such
certification shall only be issued after a field- based investigation is
conducted by the Ancestral Domains Office of the area concerned:
Provided, That no certification shall be issued by the NCIP without the free
and prior informed and written consent of ICCs/IPs concerned: Provided,
further, That no department, government agency or government-owned or
-controlled corporation may issue new concession, license, lease, or
production sharing agreement while there is a pending application for a
CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or
suspend, in accordance with this Act, any project that has not satisfied the
requirement of this consultation process.
SECTION 60. Exemption from Taxes. —All lands certified to be ancestral

domains shall be exempt from real property taxes, special levies, and other
forms of exaction except such portion of the ancestral domains as are
actually used for large-scale agriculture, commercial forest plantation and
residential purposes or upon titling by private persons: Provided, That all
exactions shall be used to facilitate the development and improvement of
the ancestral domains.
SECTION 61. Temporary Requisition Powers. — Prior to the establishment

of an institutional surveying capacity whereby it can effectively fulfill its
mandate, but in no case beyond three (3) years after its creation, the NCIP
is hereby authorized to request the Department of Environment and
Natural Resources (DENR) survey teams as well as other equally capable
private survey teams, through a Memorandum of Agreement (MOA), to
delineate ancestral domain perimeters. The DENR Secretary shall
accommodate any such request within one (1) month of its issuance:
Provided, That the Memorandum of Agreement shall stipulate, among
others, a provision for technology transfer to the NCIP.
SECTION 62. Resolution of Conflicts. — In cases of conflicting interest,

where there are adverse claims within the ancestral domains as delineated
in the survey plan, and which can not be resolved, the NCIP shall hear and
decide, after notice to the proper parties, the disputes arising from the
delineation of such ancestral domains: Provided, That if the dispute is
between and/or among ICCs/IPs regarding the traditional boundaries of
their respective ancestral domains, customary process shall be followed.
The NCIP shall promulgate the necessary rules and regulations to carry out
its adjudicatory functions: Provided, further, That any decision, order,
award or ruling of the NCIP on any ancestral domain dispute or on any
matter pertaining to the application, implementation, enforcement and
interpretation of this Act may be brought for Petition for Review to the
Court of Appeals within fifteen (15) days from receipt of a copy thereof.
SECTION 63. Applicable Laws. — Customary laws, traditions and practices

of the ICCs/IPs of the land where the conflict arises shall be applied first
with respect to property rights, claims and ownerships, hereditary
succession and settlement of land disputes. Any doubt or ambiguity in the
application and interpretation of laws shall be resolved in favor of the
ICCs/IPs.
SECTION 64. Remedial Measures. — Expropriation may be resorted to in

the resolution of conflicts of interest following the principle of the
“common good”. The NCIP shall take appropriate legal action for the
cancellation of officially documented titles which were acquired illegally:
Provided, That such procedure shall ensure that the rights of possessors in
good faith shall be respected: Provided, further, That the action for
cancellation shall be initiated within two (2) years from the effectivity of
this Act: Provided, finally, That the action for reconveyance shall be within
a period of ten (10) years in accordance with existing laws.
CHAPTER IX Jurisdiction and Procedures for Enforcement of

Rights
SECTION 65. Primacy of Customary Laws and Practices. — When disputes

involve ICCs/IPs, customary laws and practices shall be used to resolve the
dispute.
SECTION 66. Jurisdiction of the NCIP — The NCIP, through its regional
offices, shall have jurisdiction over all claims and disputes involving rights
of ICCs/IPs: Provided, however, That no such dispute shall be brought to

the NCIP unless the parties have exhausted all remedies provided under
their customary laws. For this purpose, a certification shall be issued by
the Council of Elders/Leaders who participated in the attempt to settle the
dispute that the same has not been resolved, which certification shall be a
condition precedent to the filing of a petition with the NCIP.
SECTION 67. Appeals to the Court of Appeals. — Decisions of the NCIP

shall be appealable to the Court of Appeals by way of a petition for review.
SECTION 68. Execution of Decisions, Awards, Orders. — Upon expiration

of the period herein provided and no appeal is perfected by any of the
contending parties, the Hearing Officer of the NCIP, on its own initiative
or upon motion by the prevailing party, shall issue a writ of execution
requiring the sheriff or the proper officer to execute final decisions, orders
or awards of the Regional Hearing Officer of the NCIP.
SECTION 69. Quasi-Judicial Powers of the NCIP. — The NCIP shall have
the power and authority:
a) To promulgate rules and regulations governing the hearing and

disposition of cases filed before it as well as those pertaining to its
internal functions and such rules and regulations as may be
necessary to carry out the purposes of this Act;
b) To administer oaths, summon the parties to a controversy, issue

subpoenas requiring the attendance and testimony of witnesses or
the production of such books, papers, contracts, records,
agreements and other document of similar nature as may be
material to a just determination of the matter under investigation
or hearing conducted in pursuance of this Act;
c) To hold any person in contempt, directly or indirectly, and impose

appropriate penalties therefor; and
d) To enjoin any or all acts involving or arising from any case pending
before it which, if not restrained forthwith, may cause grave or
irreparable damage to any of the parties to the case or seriously
affect social or economic activity.
SECTION 70. No Restraining Order or Preliminary Injunction. — No

inferior court of the Philippines shall have jurisdiction to issue any
restraining order or writ of preliminary injunction against the NCIP or any
of its duly authorized or designated offices in any case, dispute or
controversy arising from, necessary to, or interpretation of this Act and
other pertinent laws relating to ICCs/IPs and ancestral domains.

CHAPTER X Ancestral Domains Fund
SECTION 71. Ancestral Domains Fund. — There is hereby created a special

fund, to be known as the Ancestral Domains Fund, an initial amount of
One hundred thirty million pesos (PI 30,000,000) to cover compensation
for expropriated lands, delineation and development of ancestral domains.
An amount of Fifty million pesos (P50,000,000) shall be sourced from the
gross income of the Philippine Charity Sweepstakes Office (PCSO) from its
lotto operation, Ten million pesos (Php10,000,000) from the gross
receipts of the travel tax of the preceding year, the fund of the Social
Reform Council intended for survey and delineation of ancestral
lands/domains, and such other source as the government may deem
appropriate. Thereafter, such amount shall be included in the annual
General Appropriations Act. Foreign as well as local funds which are made
available for the ICCs/IPs through the government of the Philippines shall
be coursed through the NCIP The NCIP may also solicit and receive
donations, endowments and grants in the form of contributions, and such
endowments shall be exempted from income or gift taxes and all other
taxes, charges or fees imposed by the government or any political
subdivision or instrumentality thereof.
CHAPTER XI Penalties
SECTION 72. Punishable Acts and Applicable Penalties. —Any person who
commits violation of any of the provisions of this Act, such as, but not
limited to, unauthorized and/or unlawful intrusion upon any ancestral
lands or domains as stated in Sec. 10, Chapter III, or shall commit any of
the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section
33, Chapter VI hereof, shall be punished in accordance with the customary
laws of the ICCs/IPs concerned: Provided, That no such penalty shall be
cruel, degrading or inhuman punishment: Provided, further, That neither
shall the death penalty or excessive fines be imposed. This provision shall
be without prejudice to the right of any ICCs/IPs to avail of the protection
of existing laws. In which case, any person who violates any provision of
this Act shall, upon conviction, be punished by imprisonment of not less
than nine (9) months but not more than twelve (12) years or a fine of not
less than One hundred thousand pesos (PI 00,000) nor more than Five
hundred thousand pesos (P500,000) or both such fine and imprisonment
upon the discretion of the court. In addition, he shall be obliged to pay to
the ICCs/IPs concerned whatever damage may have been suffered by the
latter as a consequence of the unlawful act.
SECTION 73. Persons Subject to Punishment. — If the offender is a

juridical person, all officers such as, but not limited to, its president,
manager, or head of office responsible for their unlawful act shall be
criminally liable therefor, in addition to the cancellation of certificates of
their registration and/or license: Provided, That if the offender is a public

official, the penalty shall include perpetual disqualification to hold public
office.
CHAPTER XII Merger of the Office for Northern Cultural

Communities (ONCC) and the Office for Southern Cultural
Communities (OSCC)
SECTION 74. Merger of ONCC/OSCC. — The Office for Northern Cultural

Communities (ONCC) and the Office of Southern Cultural Communities
(OSCC), created under Executive Order Nos. 122-B and 122-C respectively,
are hereby merged as organic offices of the NCIP and shall continue to
function under a revitalized and strengthened structures to achieve the
objectives of the NCIP: Provided, That the positions of Staff Directors,
Bureau Directors, Deputy Executive Directors and Executive Directors,
except positions of Regional Directors and below, are hereby phased-out
upon the effectivity of this Act: Provided, further, That officials and
employees of the phased-out offices who may be qualified may apply for
reappointment with the NCIP and may be given prior rights in the filling
up of the newly created positions of NCIP, subject to the qualifications set
by the Placement Committee: Provided, furthermore, That in the case
where an indigenous person and a non-indigenous person with similar
qualifications apply for the same position, priority shall be given to the
former. Officers and employees who are to be phased-out as a result of the
merger of their offices shall be entitled to gratuity a rate equivalent to one
and a half (1 %) months salary for every year of continuous and satisfactory
service rendered or the equivalent nearest fraction thereof favorable to
them on the basis of the highest salary received. If they are already entitled
to retirement or gratuity, they shall have the option to select either such
retirement benefits or the gratuity herein provided. Officers and
employees who may be reinstated shall refund such retirement benefits or
gratuity received: Provided, finally, That absorbed personnel must still
meet the qualifications and standards set by the Civil Service and the
Placement Committee herein created.
SECTION 75. Transition Period. — The ONCC/OSCC shall have a period

of six (6) months from the effectivity of this Act within which to wind up
its affairs and to conduct audit of its finances.
SECTION 76. Transfer of Assets/Properties. —All real and personal

properties which are vested in, or belonging to, the merged offices as
aforestated shall be transferred to the NCIP without further need of
conveyance, transfer or assignment and shall be held for the same purpose
as they were held by the former offices: Provided, That all contracts,
records and documents relating to the operations of the merged offices
shall be transferred to the NCIP. All agreements and contracts entered into
by the merged offices shall remain in full force and effect unless otherwise
terminated, modified or amended by the NCIP.

SECTION 77. Placement Committee. — Subject to rules on government
reorganization, a Placement Committee shall be created by the NCIP, in
coordination with the Civil Service Commission, which shall assist in the
judicious selection and placement of personnel in order that the best
qualified and most deserving persons shall be appointed in the reorganized
agency. The Placement Committee shall be composed of seven (7)
commissioners and an ICCs’/IPs’ representative from each of the first and
second level employees association in the Offices for Northern and
Southern Cultural Communities (ONCC/OSCC), nongovernment
organizations (NGOs) who have served the community for at least five (5)
years and peoples organizations (POs) with at least five (5) years of
existence. They shall be guided by the criteria of retention and
appointment to be prepared by the consultative body and by the pertinent
provisions of the civil service law.
CHAPTER XIII Final Provisions
SECTION 78. Special Provision. —The City of Baguio shall remain to be

governed by its Charter and all lands proclaimed as part of its townsite
reservation shall remain as such until otherwise reclassified by appropriate
legislation: Provided, That prior land rights and titles recognized and/or
acquired through any judicial, administrative or other processes before the
effectivity of this Act shall remain valid: Provided, further, That this
provision shall not apply to any territory which becomes part of the City of
Baguio after the effectivity of this Act.
SECTION 79. Appropriations. — The amount necessary to finance the

initial implementation of this Act shall be charged against the current
year’s appropriation of the ONCC and the OSCC. Thereafter, such sums as
may be necessary for its continued implementation shall be included in the
annual General Appropriations Act.
SECTION 80. Implementing Rules and Regulations. — Within sixty (60)

days immediately after appointment, the NCIP shall issue the necessary
rules and regulations, in consultation with the Committees on National
Cultural Communities of the House of Representatives and the Senate, for
the effective implementation of this Act.
SECTION 81. Saving Clause. — This Act will not in any manner adversely
affect the rights and benefits of the ICCs/IPs under other conventions,
recommendations, international treaties, national laws, awards, customs
and agreements.
SECTION 82. Separability Clause. — In case any provision of this Act or

any portion thereof is declared unconstitutional by a competent court,
other provisions shall not be affected thereby.

SECTION 83. Repealing Clause. — Presidential Decree No. 410, Executive
Order Nos. 122-B and 122- C, and all other laws, decrees, orders, rules and
regulations or parts thereof inconsistent with this Act are hereby repealed
or modified accordingly.
SECTION 84. Effectivity. —This Act shall take effect fifteen (15) days upon
its publication in the Official Gazette or in any two (2) newspapers of
general circulation.
Approved: October 29, 1997

THE 2014 REVISED RULES OF PROCEDURE
BEFORE THE NATIONAL COMMISSION ON
INDIGENUS PEOPLES
RULE I - PRELIMINARY PROVISIONS
Section 1. Title. - This Rules shall be known as "The 2014 Revised

Rules of Procedure before the National Commission on
Indigenous Peoples".
Section 2. Scope, Actions not Covered. - This Rules shall govern

the hearing and disposition of cases filed before the National
Commission on Indigenous Peoples (NCIP) in the exercise of its quasi-
judicial function.
Petitions/applications for the delineation, recognition and issuance of

Certificate of Ancestral Domain Titles (CADTs) and Certificate of
Ancestral Land Titles (CALTs) are administrative in nature, hence, are
governed by the Revised Omnibus Rules on Delineation and
Recognition of Ancestral Domains and Lands of 2012, and not by this
Rules.
Petitions filed under Section 69 of the Revised Guidelines on Free and

Prior Informed Consent (FPIC) and Related Processes of 2012, and
shall be governed by the rules therein and not by this Rules, hence,
shall not be considered as falling within the ambit of the quasi-judicial
jurisdiction of the Commission en banc.
Section 3. Construction Interpretation and Application of

the Rules. - This Rules shall be liberally construed to give meaning to
the provisions of Republic Act 8371, otherwise known as "The
Indigenous Peoples Rights Act of 1997", (IPRA). In the interpretation
of the provisions hereof, the following shall apply:
a. All doubts in the interpretation of the provisions of this Rules or

any ambiguity in their application shall be resolved liberally in
favor of Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs);
b. In applying the provisions of this Rules in relation to other national
laws, the integrity of the ancestral domains, culture, values,
practices, institution, customary laws and traditions of the
ICCs/IPs, shall be considered and given due regard;
c. The primacy of customary laws shall be upheld in resolving all
disputes involving ICCs/IPs;
d. In resolving cases, the customary laws, traditions and practices of
the ICCs/IPs in the ancestral domain where the conflicts arise shall

first be applied with respect to property rights, claims of
ownership, hereditary succession and settlement of land disputes;
and
e. Proceedings shall be summary in nature and non-confrontational
RULE II - DEFINITION OF TERMS
Section 1. Definition of Terms. - The terms and phrases defined

under Section 3 (a) to (p) of R.A. 8371 shall be given the same meanings
when used herein; and in addition thereto:
a. CEB - Means Commission En Banc. Shall be used interchangeably
with the terms NCIP and Commission for purposes of this Rules
and shall mean the NCIP acting as a quasi-judicial body;
b. RHO - Refers to the Regional Hearing Office tasked to adjudicate
conflicting claims in accordance with this Rules;
c. Regional Hearing Officer - Refers to the duly appointed or
officially designated Regional Hearing Officer who heads the
Regional Hearing Office authorized to hear and decide cases filed
before it in accordance with this Rules;
d. Special Hearing Office - Are those Offices administratively created
by the Commission after the approval of this Rules with the
primary purpose of aiding or furthering the quasi-judicial
functions of the Commission; and
e. Amicus Curiae - As used in this Rules, refers to a practitioner
and/or a person knowledgeable on indigenous knowledge systems
and practices (IKSP) and on customary laws, consulted on their
expertise as friends of the court.
RULE III - JURISDICTION
Section 1. Jurisdiction of the NCIP. - The NCIP shall exercise

jurisdiction over all claims and disputes involving rights of the
ICCs/IPs and all cases pertaining to the implementation, enforcement,
and interpretation of R.A. 8371, including but not limited to the
following:
A. Original and Exclusive Jurisdiction of the Regional

Hearing Office:
1. Cases involving disputes and controversies over ancestral

lands/domains of ICCs/IPs, except those which involve
oppositions to pending applications for CALT and CADT;
2. Enforcement of compromise agreements or decisions rendered by
ICCs/IPs;
3. Actions for redemption/reconveyance under Section 8 (b) of R.A.
8371;

4. Interpretation, implementation, or enforcement of Memorandum
of Agreements (MOA) entered into by parties as a result of the Free
Prior and Informed Consent (FPIC) process;
5. Cases involving Projects, Programs, Activities within ancestral
lands/domains being implemented without the required FPIC of
the affected/host IPs/ICCs;
6. Petitions for annotation on CADTs and CALTs or cancellations
thereof, except notice of lis pendens and those that will result to
transfer of ownership;
7. Actions for damages including, but not limited to, claims for
royalties and other benefits.
8. Cases affecting property rights, claims of ownership, hereditary
succession, and settlement of land disputes, between and among
ICCs/IPs that have not been settled under customary laws; and
9. Such other cases analogous to the foregoing.
B. Original and Exclusive Jurisdiction of the Commission En

Banc:
1. Petition for cancellation of registered CADTs and CALTs alleged to

have been fraudulently acquired by, and issued to, any person or
community as provided for under Section 54 of R.A. 8371, provided
that such action is filed within one (1) year from the date of
registration;
2. Actions for cancellations of Certification Precondition (CP),
Certificate of Non-Overlap (CNO), issued by the NCIP, as well as,
rescissions of FPIC-MOA; and
3. Any other case that deems to vary, amend, or revoke previously
issued rulings, resolutions, or decisions of the Commission en
banc.
Section 2. Filing of Cases Directly with the Commission en

banc Not Allowed. - No case shall be brought directly to the
Commission en banc except for cases outlined in Section 1, Paragraph
B, Rule III, of this Rules.
Section 3. Rule on Criminal Actions. - For purposes of imposing

the penal sanctions provided for under Section 72 of R.A. No. 8371 that
require criminal proceedings and offenses in violation of Sections 10,
21, 24, 33 and 59 of the same Act, shall be prosecuted before the
Regular Courts of proper jurisdiction. Jurisdiction over the civil and
administrative aspect of said cases, however, shall be retained by the
NCIP and its Regional Hearing Office.

Section 4. Effective Exercise of Jurisdiction. - The Commission
or the Regional Hearing Office may adopt measures to carry into effect
the jurisdiction of the NCIP, including the issuance of supplementary
writs or processes, especially where no procedure to be followed in the
exercise of such jurisdiction is specified by law or by this Rules unless
the same is violative of customary laws or it does not conform with the
meaning and spirit of R.A. 8371.
RULE IV - PRECONDITION FOR ADJUDICATION
Section 1. Exhaustion of Remedies Provided under

Customary Laws. - It is the responsibility of the
complainant/petitioner to set the case for mediation and/or
settlement. No case shall be brought before the Regional Hearing Office
or the Commission unless the parties have exhausted all remedies
provided for under customary laws. The exhaustion of customary laws
shall strictly adhere to the processes and modes prescribed by customs
and traditions duly validated and/or documented.
Section 2. Certification of Non-Resolution. - Where the parties

have failed to settle their disputes as provided in this Rules, the Council
of Elders shall issue a certification to the effect that all diligent efforts
for settlement under customary practices have failed. No complaint or
petition shall be accepted in the Regional Hearing Office unless it is
accompanied by a Certification of Non-Resolution (CNR), which may
be in any form.
Section 3. Referral to Mediators in Certain Cases. - In places

where there are no known council of elders or if the leader/s refused or
are disqualified to mediate, the parties shall be referred to a mediator/s
chosen by them from an identified pool of accredited mediators or one
mutually agreed upon by the parties. In the event that no agreement is
arrived at, the certification referred to in the preceding section shall be
issued by the said mediator/s.
Section 4. Effect of Settlement. - Agreements arrived at as a result

of the application of customary laws or the referral to the mediator/s
shall be binding between the parties and shall be accorded due respect.
Section 5. Exception. - The certification shall not be required where

one of the parties is non-IP or does not belong to the same ICC, except
when he/she voluntarily submits to the jurisdiction of the Council of
Elders/Leaders.
Section 6. Failure to Submit Certification. - In case of failure to

submit the certification of non-resolution, the Regional Hearing Office

shall refer the case to the concerned Provincial Office. The latter shall
cause the referral of the case to concerned council of elders/leaders or
mediators, whichever is applicable.
Section 7. Records. - Each Provincial Office of the NCIP shall keep

a file of all cases referred to it by the Regional Hearing Office for referral
to the council of elders/leaders or mediators.
RULE V - VENUE AND COMMENCEMENT OF ACTIONS
Section 1. Real Actions. - Actions arising out of disputes or

controversies over ancestral domain/land or actions involving real
properties shall be filed with the Regional Hearing Office. In case the
subject ancestral domain/land or portion/s thereof straddles two or
more administrative or ethnographic regions, the action shall be filed
with the Regional Hearing Office where the greater portion of the
subject property is situated.
Section 2. Actions within the Original and Exclusive

Jurisdiction of the CEB. - For cases cognizable by the CEB under
its exclusive and original jurisdiction, the complaint or petition may be
filed directly with the Clerk of the Commission.
Section 3. Filing of Initiatory Pleadings. - Complaints or

petitions may also be filed with the nearest NCIP Regional or Field
Offices. The filing of the complaint/petition at the nearest NCIP
Regional or Field Offices shall interrupt the running of prescriptive or
reglementary periods.
The receiving NCIP Regional or Field Office is not required to docket

the complaint/petition but is required to keep a record of cases
received by them. Thereafter, the Regional or Field Office shall cause
the transmittal of the complaint or petition, within ten (10) days, to the
CEB or the Regional Hearing Office, as the case may be. Once the
complaint/petition is received by the Clerk of the Commission or
concerned Regional Hearing Office, the same shall be docketed and the
date of receipt indicated by the NCIP Regional or Field Office shall be
considered as the official date of receipt of the complaint/petition.
Section 4. Personal and Other Actions. - Personal and other

actions shall be filed with the Regional Hearing Office in the place
where the petitioner/plaintiff resides or where the
respondent/defendant resides, at the option of the former.
Section 5. Waiver of Venue. - When improper venue is not

objected to in the answer, it is deemed waived.

Section 6. Special Hearing Offices, Alternative Venues. -
Whenever necessary the Commission en banc may administratively
create special hearing offices as alternative venues for the purpose of
aiding or furthering the quasi-judicial functions of the Commission.
Section 7. Commencement of Action. - An action shall commence

upon the filing of the complaint/petition in accordance with this Rules.
RULE VI - PARTIES TO ACTIONS OR PROCEEDINGS
Section 1. Proper Parties. - The parties to any case or proceeding

before the Regional Hearing Office or the Commission may be natural
or juridical persons and other entities authorized by law.
Section 2. Real Party in Interest. - Every case must be prosecuted

and defended in the name of the real party in interest who shall sue as
"plaintiff" or "petitioner". The person being sued shall be referred to as
"defendant" or "respondent".
In actions involving general interest, the real party in interest shall be

the ICCs/IPs or person/s authorized, through a community resolution,
by majority of the ICCs/IPs in the community to represent them.
A "real party in interest", as provided in Section 2, Rule 3, of the

Revised Rules of Court, and adapted herein, is the party who stands to
be benefited or injured by the judgment in the suit, or the party entitled
to the avails of the suit.
Section 3. Class Suit. - When the issues and subject matter of the
dispute or controversy involve common and general interest to many
persons, one or more may sue or defend for the benefit of all. In such
case, the Regional Hearing Office or the Commission shall ensure that
the rights and interests of all parties are fully protected.
Section 4. Indigent Party. - A party may be authorized to prosecute

his/her action or defend himself/herself as an indigent litigant or party
if the Commission or the Regional Hearing Officer, upon an ex parte
application, is satisfied that the party is indigent.
Such authority shall exempt said party from payment of docket, appeal,
and other legal fees including transcripts of stenographic notes as well
as injunctive bond which the Regional Hearing Officer or Commission
may order to be furnished him/her. The amount of the docket and
other lawful fees which the indigent was exempted from paying shall
be a lien on any judgment rendered in the case favorable to the

indigent, unless the Commission or Regional Hearing Officer provides
otherwise.
Any adverse party may contest the grant of such authority at any time
before judgment is rendered by the Regional Hearing Officer. If the
Regional Hearing Officer determines, after hearing, that the party
declared as an indigent is in fact a person with sufficient income or
property, the proper docket and other lawful fees shall be assessed and
collected by the Clerk of the Regional Hearing Office. If payment is not
made within the time fixed by the Regional Hearing Officer, an order
of execution shall be issued for the payment thereof, without prejudice
to such other sanctions as the Regional Hearing Officer may impose.
RULE VII - PLEADINGS AND MOTIONS
Section 1. Authorized. - The pleadings allowed under this Rules

shall be the complaint/petition and the answer, both of which must be
verified by the parties before any officer authorized by law to
administer oath.
Section 2. Application of Efficient Use of Paper Rule. - Parties

are enjoined to observe the provisions of the Administrative Circular
No. 11-9-4-SC issued by the Supreme Court of the Philippines.
Section 3. Complaint/Petition. - The complaint or petition is the

pleading containing the plaintiffs or petitioner's cause or causes of
action. The complaint or petition shall state and narrate clearly the
cause or causes of action in paragraphs and shall specifically state the
substance of the claim made, the grounds relied upon, and the relief
being pursued. The names and residences of the plaintiff and
defendant must likewise be indicated. Every complaint or petition
must include a certificate of non-forum shopping.
In the absence of a formal complaint/petition, ICCs/IPs may fill out a

complaint/information sheet which shall identify the names and
addresses of the parties, cause/s of action, material averments in
support of the complaint or petition, and the relief/s prayed for. The
complaint/information sheet may be translated in Tagalog and/or in
the dialect known to the plaintiff/petitioner, and shall be in the form
prescribed below:

REPUBLIC OF THE PHILIPPINES
OFFICE OF THE PRESIDENT
NATIONAL COMMISSION ON INDIGENEOUS PEOPLES
COMPLAINT/INFORMATION SHEET
CASE NO.________
1.__________________________ 2.__________________________
NAME OF PLAINTIFF/PETITIONER NAME OF
(pangalan ng nagrereklamo) DEFENDANT/RESPONDENT
(pangalan ng nirereklamo)
3.__________________________ 4. ______________________________
ADDRESS OF ADDRESS OF
PLAINTIFF/ PETITIONER DEFENDANT/RESPONDENT
(tirahan ng nagrereklamo) (tirahan ng nirereklamo)
5. Cause/s of action (bagay na inirereklamo)

____________land dispute (patungkol sa lupa)
____________family relations (patungkol sa usaping pampamilya)
____________other matters (patungkol sa iba pang bagay)
________________________________________________
6. Short statement of Facts/events (maikling pagsasalaysay ng mga

pangyayari)
7. Relief prayed for (mga kahilingang nais maipatupad)

a. _____________________________________________
b. _____________________________________________
c. _____________________________________________
d. _____________________________________________
e. _____________________________________________
I hereby attest to the foregoing facts to prove my complaint and my

entitlement to the relief prayed for herein, (pinatotohanan ko ang lahat ng
nabanggit sa itaas upang patunayan ang aking reklamo at sa gayon ay
ipatupad ang aking mga kahilingan)
_______________________________
Date of Signing (araw kung kailan nilagdaan)

__________________________
Name and Signature of Plaintiff/
Petitioner (Pangalan at Lagda ng Nagrereklamo)
The complainant/petitioner is required to attach a CNR as required by this

Rules, if applicable; the affidavits of his/her witnesses, if any; and the
resolution of authority from the community if filed in the name of the
community.

Section 4. Answer. - An answer is a pleading containing the
defendant's/respondent's affirmative and negative defenses. The answer
shall state in paragraphs the facts denying the material allegations in the
complaint/petition.
Should the answer include any counter-claim, the same must likewise
bear a certification of non-forum shopping.
Section 5. Motions. - A motion is a prayer for relief other than by a

complaint/petition or answer. Every application for relief through
motions shall be set for hearing with notice to all parties concerned. The
Regional Hearing Officer or the Commission may grant the relief prayed
for without need of a hearing if it is evident that the applicant is entitled
to the relief and the conduct of a hearing entails additional burden and
delay to the parties.
Section 6. Motion to Dismiss. - No motion to dismiss on any ground

shall be allowed. All defenses including grounds for a motion to dismiss
such as lack of jurisdiction, prescription, res judicata, or improper venue,
should be stated in the answer. The Regional Hearing Officer may dismiss
motu propio the action on any of the following grounds:
a. Lack of jurisdiction;
b. Prescription; and
c. Res Judicata.
For this purpose, the Regional Hearing Officer, at his/her discretion, may
require the submission of memoranda/position papers to aid him/her in
determining the propriety of the ground for dismissal stated in the
answer.
Section 7. Prohibited Pleadings and Motions. - The following

petitions, motions, or pleadings shall not be allowed:
a. Motion for a bill of particulars;

b. Motion for new trial;
c. Dilatory motion for postponement or extension of time to file
pleadings;
d. Motion to Dismiss;
e. Appeals from interlocutory orders; and
f. Such other analogous motions and pleadings.
RULE VIII - REPRESENTATIONS AND APPEARANCES
Section 1. Appearances. - Lawyers and NCIP legal officers may appear

before the Commission en banc or the Regional Hearing Office as counsel

for any of the parties. A non-lawyer may appear in any proceedings before
the Commission or the Regional Hearing Office provided that:
a. He/she appears as a party to the case;

b. He/she represents an organization or its members conditioned upon
presentment of a written authority showing proper representation;
c. He/she is duly accredited member of any legal aid office; and
d. He/she is an accredited paralegal aide or member of an accredited
Indigenous Peoples Organization (IPO) subject to the presentation of
a written authority to represent the IPO.
Section 2. Appearance of a Non-lawyer may be Denied. -

When, in the opinion or assessment of the Commission or the Regional
Hearing Officer that, the rights and interests of a party litigant may not be
best served or will be compromised due to lack of skill and experience of
a non-lawyer appearing as counsel in a case, the appearance of said non-
lawyer may be denied. But where the party litigant cannot afford the
services of a lawyer, the Regional Hearing Officer or the Commission en
banc shall appoint a counsel for said party.
RULE IX - PROCEEDINGS BEFORE THE REGIONAL

HEARING OFFICE
Section 1. Receipt of Complaint/Petition. - Upon receipt of the

complaint/petition directly from the petitioner/complainant or from the
field offices, the Clerk of the Regional Hearing Office shall specify the date
of receipt, assign the case number, and immediately cause the issuance of
the corresponding summons to the defendant/respondent.
Section 2. Summons. - The summons shall direct the

defendant/respondent to answer the complaint/petition within fifteen
(15) days from receipt thereof. The summons shall also contain a notice
that unless the defendant/respondent so answers, judgment shall be
rendered upon the relief prayed for in the complaint/petition.
Section 3. Service of Summons and Proof of Service. - The

summons, together with a copy of the complaint/petition, shall be served
upon the defendant/respondent personally. If personal service is not
practicable, the summons shall be served through registered mail or
through a reputable private courier at his/her given address. The process
server or person duly authorized to cause service of summons shall certify
on the manner, place, and date of service thereof. Such certification shall
constitute proof of service.
Section 4. Failure to Answer. - Upon failure of the defendant/

respondent to file his/her answer within the prescribed period, an order
of default shall be issued and the plaintiff/petitioner shall be allowed to

present his/her evidence ex-parte. The defaulting defendant/respondent
shall be entitled to subsequent notices or processes but shall not be
entitled to participate in the proceedings.
Section 5. Relief from Order of Default. - The defaulting

defendant/respondent may, at any time after notice but before judgment,
file a motion to set aside the order of default. The motion shall be
accompanied by the defendant/respondent's answer together with an
affidavit of merit stating the ground or grounds relied upon, which may
be any of, but not limited to, the following;
a. Observance or restrictions imposed by customary laws;

b. Accident;
c. Mistake or excusable negligence; and
d. Extrinsic fraud.
Section 6. Preliminary Conference. - After the answer is filed and

the case is not dismissed under any of the circumstances mentioned in
Section 6, Rule VII hereof, the Regional Hearing Officer shall calendar the
case for preliminary conference and shall issue the necessary order
directing the parties to appear to determine the following:
a. The possibility of an amicable settlement. The Regional Hearing

Officer must take into consideration the application of customary
laws in settling disputes such as, but not limited to, sakusak, bodong,
dap-ay> tongtongan, kahimunan, dumalungdong, etc.;
b. The issues to be resolved;
c. The evidence, oral or written, to be presented;
d. The date or submission of any further written material;
e. The date and place of hearing for the reception of evidence;
f. The fixing of a time and place for any inspection, if necessary; and
g. Such other matters which may be necessary or relevant to the case.
Section 7. Referral of the Case for Mediation and Conciliation.

- If during the preliminary conference, the parties failed to reach an
amicable settlement, the Regional Hearing Officer shall refer the case for
mediation and conciliation to the concerned Provincial Officer or to any
officer of the Regional Office. The said officer designated shall initiate the
process by himself/herself or invite the participation of elders/leaders or
any one from the pool of accredited mediators who could contribute in
the settlement of the case using customary practices of the ICCs/IPs
concerned. The mediation shall be for a period not to exceed sixty (60)
days from receipt of the referral order by the mediator unless extended
for just cause.
In cases where both parties belong to the same ICCs/IPs, the Regional
Hearing Officer shall exert earnest efforts to settle the case using

customary laws of the concerned ICCs/IPs. The documented or validated
customary laws of the concerned ICCs/IPs may be used as reference in
resolving the case.
Section 8. Judgment Based in Settlement under Customary

Law. - If a settlement is reached as a result of the application of
customary laws, the same shall be submitted to the Regional Hearing
Office for recording purposes and for the rendition of judgment based on
the settlement. The minutes of the settlement proceedings, the
certification signed by the elders/leaders who participated, or the
certification of the Provincial Officer, is deemed sufficient to prove that
the settlement process occurred and that a resolution was reached
thereon.
Section 9. Judgment Based on a Compromise. - Where the parties

agreed to settle the controversy during the preliminary conference, an
order shall be issued by the Regional Hearing Officer directing the parties
and their respective counsels to put in writing their compromise
agreement within ten (10) days from the preliminary conference or
mediation conference.
Thereafter, a hearing shall be scheduled to consider the compromise

agreement. Judgment shall then be rendered based on the compromise
agreement. The judgment approving the compromise agreement shall be
considered as judgmenton the merits. If no compromise was reached after
the duration allotted for the mediation conference, the mediator shall
issue a certificate to that effect.
Section 10. Reception of Evidence. - Evidence shall be presented

during the preliminary conference. For this purpose, a Preliminary
Conference Order will be issued indicating the stipulations made or
agreement reached during said conference, the issues to be resolved, the
dates of presentation of evidence, if any, and the evidence presented. The
Preliminary Conference Order shall be signed by the parties and their
respective counsels.
After the issues have been joined, the parties may opt to simultaneously
submit their respective position papers/memoranda within twenty (20)
days from the termination of the preliminary conference. All documents
and evidence must be attached to the position paper/memoranda. Any
move to extend the twenty (20) day period shall be filed and heard within
five (5) days before the expiration of the original period upon application
and only on justifiable reasons.
The affidavits of the parties and their witnesses may serve as their direct
testimonies. For this purpose, the Regional Hearing Officer may direct the
parties to submit their judicial affidavits, in question and answer form, to

expedite the proceedings.
Section 11. Hearing Conducted Outside the Regular Hearing

Office. - The Regional Hearing Officer, taking into consideration the
applicability of customary laws and practices, may conduct hearings and
resolve motions or other incidents outside of the hearing office at a
specified time and date.
Section 12. Reception of Additional Evidence. - Should the

Regional Hearing Officer determine, in the interest of justice and
adhering to the primacy of customary laws, that there is a need to clarify
questions regarding customary laws, he/she may invite amici curiae to
assist him/her in resolving the matter.
Section 13. Opinions of Amicus. - At any stage of the proceedings,

the Regional Hearing Officer at its own instance or upon the
recommendation of the parties may invite amicus/amici curiae whose
opinion/s on any question of fact concerning matters involving customs
and tradition may be solicited. Such opinion may not be necessarily
binding on the Regional Hearing Officer but will serve as a guide or tool
in resolving the case using customary laws.
Section 14. Validated and/or Documented Customary Laws. -

The validated or documented or recorded customs and traditions
involving the settlement of disputes in a certain ICCs/IPs, shall form part
of the historical and anthropological data of such ICCs/IPs concerned and
can be accessed or used in similar cases involving the same ICCs/IPs, if
applicable.
Section 15. Challenge of Validated and/or Documented

Customary Laws. - If any historical or anthropological data is
challenged during the proceeding, the Regional Hearing Officer may
invite the participation of amicus/amici curiae to assist him/her in the
resolution of the issue concerned.
Section 16. When Case is Deemed Submitted for Resolution. -

The case is deemed submitted for Resolution after the parties have finally
rested their case and/or submitted their respective memoranda, or after
the lapse of period within which to file the same.
Section 17. Period to Render Judgment. - The Regional Hearing

Officer shall decide the case within ninety (90) days from the date the case
was submitted or deemed submitted for resolution.
Section 18. Judgment. - The decision, award, or order shall determine

the merits of the case stating clearly and distinctively the facts and the law
on which it is based, personally and directly prepared by the Regional

Hearing Officer, signed by him/her, and filed with the clerk of the
Regional Hearing Office.
Section 19. Motion for Reconsideration. - Only one motion for

reconsideration of the resolution or decision of the Regional Hearing
Officer, which disposes of the case shall be allowed. Said motion shall be
filed within fifteen (15) days from receipt of a copy of the assailed
resolution or decision.
The timely filing of a Motion for Reconsideration shall interrupt the

running of the period to appeal. A party is afforded a fresh period of fifteen
(15) days from receipt of the resolution of the Motion for Reconsideration
within which to file its appeal.
Section 20. Finality of Judgment. - A judgment rendered by the

Regional Hearing Officer shall become final and executory upon the lapse
of fifteen (15) days from the receipt of all parties and/or their respective
counsel/s of the decision, award, or order denying the motion for
reconsideration, and there is no appeal. If the 15th day falls on a Saturday,
a Sunday or a Holiday, the last day shall be the next working day.
Section 21. Execution of Judgment, Basic Rule. - Only judgments,

decisions, or final orders that finally dispose of the case shall be the
subject of execution as a matter of right.
Section 22. Effective Enforcement of Judgments, Decisions, or

Final Orders of the Regional Hearing Office- In order for the
Regional Hearing Office to effectively enforce its decisions, awards or
final orders, any suitable process or procedure may be employed and
adopted, unless this does not conform with the spirit of R.A. 8371 or this
Rules, or violates customary laws and practices.
Section 23. Appeal to the Commission. - Decisions, awards, or final

orders of the Regional Hearing Officer may be appealed to the
Commission by filing a Memorandum on Appeal with the Regional
Hearing Office, and serving a copy thereof upon the adverse party.
Section 24. Perfection of Appeal. - The appeal shall be perfected

upon payment of the appeal fee. The appeal fee shall be paid by the
appellant upon the filing of the Memorandum of Appeal. An indigent
party appealing is exempted from paying the appeal fee but such fee shall
be a lien on any judgment or award that may be granted favorable to said
indigent party.
Section 25. Transmittal of the Record. - Within twenty (20) days

from receipt of the Memorandum of Appeal and the payment of the
appeal fee, the Regional Hearing Office shall transmit the entire record of

the case to the Clerk of the Commission.
The record containing a table of contents shall be accompanied by proof

of payment of the appeal fee, and other legal fees, a certified true copy of
the minutes of the proceedings, the order of the approval, the certificate
of correctness, all documentary evidence, and copies of transcripts
chronologically arranged, with the earliest document at the front and
appropriately paginated.
RULE X - PROCEEDINGS BEFORE THE COMMISSION

EN BANC
PART I - APPEALED CASES
Section 1. Grounds for Appeal. - The appeal from the Decision or

Resolution of the Regional Hearing Officer that finally disposes of the case
may be acted upon by the Commission en banc on any of the following
grounds:
a. On pure question of law; and/or

b. Serious errors in the findings of facts which, if not corrected, would
cause grave or irreparable damage or injury to the appellant.
Section 2. Action on Appeal. - Upon receipt of the entire record of the

case, the Clerk of the Commission shall forthwith docket the case and
notify the Commission en banc. Thereafter, the Commission en banc shall
assign the case to the appropriate Ethnographic Commissioner to
facilitate alternative dispute resolution (ADR). The said Commissioner
shall set mediation within thirty (30) days from date of assignment and
complete the proceedings within sixty (60) days from the day of first
conference. A notice for the appellee to appear in the mediation shall be
personally served to the latter, or be sent by registered mail or private
courier.
During mediation, the Ethnographic Commissioner may conduct the

mediation himself/herself or choose from a pool of accredited mediators
recognized by the NCIP to conduct the mediation process. The mediator
chosen must be with the assent of all the parties to the case. During the
mediation process, the appearance of lawyers is prohibited.
The conduct of the mediation process is strictly confidential. Any

information gained from such mediation proceeding is not admissible in
evidence at the proceedings before the Commission en banc.
If mediation is successful, the Ethnographic Commissioner shall submit

the compromise agreement and the record of the case to the Commission
en banc for approval and rendition of judgment on compromise.
Otherwise, the case is referred back to the Commission en banc for
disposition. The Commission en banc will then require the appellee to
submit his/her memorandum within ten (10) days from receipt of the
order requiring him/her to do so.
Section 3. Appellant’s Memorandum on Appeal; Contents. -The

Memorandum on Appeal shall indicate the parties to the appeal, specify
the decision, award or final order appealed from, and state the material
dates showing the timeliness of the appeal. It shall also contain a
statement of matters involved, the issues or grounds relied upon, and the
relief prayed for. The Memorandum on Appeal shall be filed in three (3)
legible copies, with proof of service to all appellee/s. The original copy of
the Memorandum on Appeal shall be indicated as such by the appellant.
Section 4. Appellee’s Memorandum on Appeal; Contents. - The

appellee shall submit a Memorandum on Appeal within ten (10) days
from receipt of the order requiring him/her to do so. It should contain a
brief counter-statement of matters involved, the issues, and the relief
prayed for. The appellee's Memorandum on Appeal shall be filed in three
(3) legible copies with proof of service to the appellant.
Section 5. Additional Evidence on Appeal, not Allowed;

Exception. - The Commission en banc shall decide the appeal based on
the entire record of the proceedings before the Regional Hearing Office,
and upon such memoranda and pleadings as are filed before the
Commission en banc.
No additional evidence shall be introduced on appeal, except upon motion

of any party in cases of newly discovered evidence, which could not, with
reasonable diligence, have been discovered and produced during the
conduct of the hearing before the Regional Hearing Office, and which if
presented, would probably alter the result.
Section 6. Quorum. - In deciding cases on appeal, the Commission

shall sit en banc and a simple majority of all members of the Commission
shall constitute a quorum. At the discretion of the Commission en banc,
the case may be set for hearing for purposes of clarification or to allow the
parties to deliberate on their arguments.
Section 7. Vote Required for Judgment or Final Order. - A

simple majority vote of all Commissioners shall be required for the
pronouncement of a judgment or final order.
Section 8. Period to Render Decision. - The Commission en banc

shall resolve an appeal within ninety (90) days from receipt of the last
memorandum or pleading required, or upon expiration of the period for
filing the same.

Section 9. Decision. - After deliberation, the case will be assigned to
the pertinent Ethnographic Commissioner, for him/her to act as ponente
for the resolution or decision in the case. The resolution or decision of the
Commission en banc shall state clearly and distinctly the findings of facts
and the conclusions of law upon which it is based. The other
commissioners may write their own concurring, separate, or dissenting
opinion in a case, and the same shall be attached to the resolution or
decision.

reconsideration on the resolution or decision of the Commission en banc
that finally disposes of the case shall be allowed. Said motion shall be filed
within fifteen (15) days from receipt of a copy of the assailed resolution or
decision.
The filing of a timely motion for reconsideration shall interrupt the

running of the period to appeal.
Section 11. Appeal to the Court of Appeals. - A decision or

resolution of the Commission en banc may be appealed to the Court of
Appeals only by way of a petition for review on certiorari.
Section 12. Execution of Judgment, Basic Rule. - Only judgments,

decisions, or final orders in these appellate cases that finally dispose of
the case shall be subject of execution as a matter of right.
Section 13. Effective Enforcement of Judgements, Decisions, or

Final Orders of the Commission En Banc. - In order for the
Commission en banc to effectively enforce its decisions, awards or final
orders in these appellate cases, any suitable process or procedure may be
employed and adopted, unless this does not conform with the spirit of
R.A. 8371 or this Rules, or violates customary laws and practices. This
may include remanding the case to the Regional Hearing Office of origin
for execution.
PART II - ORIGINAL CASES
Section 14. Title and scope. - In all cases originally filed with the
Commission en banc, the complainant shall be called the "Petitioner" and
the adverse party the "Respondent". This Rule shall apply to original
action involving the cancellation of CADTs and CALTs, and such cases
outlined in paragraph B, Section 1, Rule III of this Rules.
Section 15. Number of Copies and Certification of Non-forum

Shopping. - All petitions and actions under this Rules must be verified
and filed in five (5) legible copies and shall contain a sworn certification

of non-forum shopping.
The Certification of Non-forum Shopping shall indicate: (a) that he/she

has not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency, and to the best of
his/her knowledge, no such other action or claim is pending therein; (b)
if there is such other pending action or claim, a complete statement of the
present status thereof; (c) if he/she should thereafter learn that the same
or similar action or claim has been filed or is pending, he/she shall report
that fact within five (5) days therefrom to the Commission.
Failure to comply with the foregoing requirements shall not be curable by

mere amendment of the petition but shall be cause for the dismissal of the
case without prejudice, unless otherwise provided, upon motion and after
hearing. The submission of a false certification of non-compliance with
any of the undertakings therein shall constitute indirect contempt,
without prejudice to the corresponding administrative and criminal
action.
Section 16. Public Respondent as Nominal Parties. - Where the

petition includes public respondents, they shall be joined only as nominal
parties and shall not be required to participate in the proceeding, unless
specifically directed by the Commission en banc.
Section 17. Dismissal of the Petition - The Commission en banc may

dismiss the petition if on its face it finds the same to be clearly without
merit.
Section 18. Order to Comment. - If the petition is sufficient in form

and substance, the Commission en banc shall order the respondent/s to
comment on the petition within ten (10) days from receipt of the notice of
the order requiring him/her to do so.
Section 19. Expediting Proceedings; Injunctive Relief. - The

Commission en banc may issue an order to expedite the proceedings, and
may grant a temporary restraining order (TRO) or writ of preliminary
injunction (WPI) for the preservation of the rights of the parties pending
such proceedings.
Section 20. Preliminary Conference. - After the comment is filed or

upon the lapse of the time for its filing, the Commission en banc shall set
the case for preliminary conference and shall issue the necessary order
directing the parties to appear to determine the following:
a. The possibility of an amicable settlement. The Commission en banc

must take into consideration the application of customary laws in
settling disputes such as, but not limited to, sakusak, bodong, dap-

ay> tongtongan, kahimunan, dumalungdong, etc.;
b. The issues to be resolved;
c. The evidence, oral or written, to be presented;
d. The date or submission of any further written material;
e. The date and place of hearing for the reception of evidence;
f. The fixing of a time and place for any inspection, if necessary; and
g. Such other matters which may be necessary or relevant to the case.
Section 21. Mediation. - The Commission en banc shall assign the case
to the appropriate Ethnographic Commissioner to facilitate ADR. The
said Commissioner shall set mediation within thirty (30) days from date
of assignment and complete the proceedings within sixty (60) days from
the day of first conference. A notice for the respondent to appear in the
mediation shall be personally served to the latter, or be sent by registered
mail or by private courier.
During mediation, the Ethnographic Commissioner may choose from a

pool of accredited mediators recognized by the NCIP to conduct the
mediation process. The mediator chosen must be with the assent of all the
parties to the case. During the mediation process, the appearance of
lawyers is prohibited.
The conduct of the mediation process is strictly confidential. Any

information gained from such mediation proceeding is not admissible in
evidence at the proceedings before the Commission en banc.
If mediation is successful, the Ethnographic Commissioner shall submit

the compromise agreement and the record of the case to the Commission
en banc for approval and rendition of judgment on compromise.
Otherwise, the case is referred back to the Commission en banc for
disposition.
Section 22. Preliminary Conference Order. - A preliminary

conference order will be issued indicating the stipulations made or
agreement reached during said conference, the issues to be resolved, the
dates of presentation of evidence, if any, and the evidence presented. The
preliminary conference Order shall be signed by the parties and their
respective counsels.
Section 23. Submission of Memoranda. - After the preliminary

conference order has been issued, the Commission en banc shall require
the parties to submit memoranda to support their claims and defenses
within fifteen (15) days from receipt of the order requiring them to do so.

Section 24. Decision. - The Commission en banc shall render its
decision within ninety (90) days from receipt of the last memorandum or
expiration of the period for filing the same.
Section 25. Service and Enforcement of Order of Judgment. - A

certified true copy of the resolution or decision shall be served upon the
tribunal, corporation, board, person and all parties concerned in such
manner as the Commission en banc may direct, and disobedience thereof
may be punished as contempt. Service to counsel shall be deemed service
upon the party.

reconsideration on the resolution or decision of the Commission en banc
that finally disposes of the case shall be allowed. Said motion shall be filed
within fifteen (15) days from receipt of a copy of the assailed resolution or
decision.
The filing of a timely motion for reconsideration shall interrupt the

running of the period to appeal.
Section 27. Appeal to the Court of Appeals. - Resolutions or

decision of the Commission en banc may be appealed to the Court of
Appeals only by way of a petition for review on certiorari.
Section 28. Execution of Judgment, Basic Rule. - Only

judgments, decisions, or final orders in these original jurisdiction cases
that finally dispose of the case shall be subject of execution as a matter of
right.
Section 29. Effective Enforcement of Judgments, Decisions, or

Final Orders of the Commission En Banc. - In order for the
Commission en banc to effectively enforce its decisions, awards or final
orders in these original jurisdiction cases, any suitable process or
procedure may be employed and adopted, unless this does not conform
with the spirit of R.A. 8371 or this Rules, or violates customary laws and
practices. This may include remanding the case to the Regional Director
for execution.
RULE XI - EVIDENCE
Section 1. Flexible Approach. - The Commission en banc and the

Regional Hearing Offices shall not be bound by technical rules on
evidence provided under the Rules of Court, but shall proceed to hear and
decide all cases, disputes or controversies in the most expeditious
manner, employing all reasonable means to ascertain the facts of every
case with utmost regard to the manner or mode of presenting evidence by
ICCs/IPs as their customs, traditions, and practices may allow. In the

reception of evidence, relevance shall be the controlling test.
Section 2. Precautionary Principle. - In establishing the existence

or truthfulness of customary law, the Commission/RHO shall be guided
by the precautionary principle in the appreciation and admissibility of
evidence. The following factors, among others, shall be considered:
a. Oral tradition and history as attributed by ICCs/IPs experts or

anthropologists;
b. Self-ascription and ascription by others; and/or
c. Current application of such customs, beliefs, or practices.
Section 3. Unwritten Customs and Traditions, Oral History. -

Unwritten customs and traditions or oral history of a certain ICCs/IPs
shall be admitted in evidence for as long as they are relevant to the issue
of the case and that they can be established as a fact by any of the expert
witnesses and/or amicus/amici curiae or under the precautionary
principle.
Section 4. Test of Relevancy and Credibility. - A testimony is

relevant when it has a logical connection with the issue raised and the
same is given by a recognized and credible elder/leader of the community.
Likewise, there is credibility when the person testifying is a recognized
and respected elder/leader in the community and that he/she has
participated in the resolution of the dispute that is/are related to the fact
in issue.
Section 5. Perpetuation of Testimonies Other than Judicial

Affidavits. If an ICCs/IPs elder/leader is identified as a witness and is
indisposed due to illness, old age, justifiable distance, or other related
causes, his/her testimony may be in the form of a deposition or any other
mode allowed by their customs, traditions or practices.
The concerned party shall submit their questions to the Regional Hearing
Officer or the Commission en banc and the latter may direct the Provincial
Officer concerned or any officer of the NCIP to facilitate the deposition or
taking of testimony. As much as possible, the process shall be recorded by
the concerned officer taking the testimony.
Section 6. Oath or Affirmation. - In accordance with the culture and

tradition of ICCs/IPs, witnesses shall be asked to take an oath or
affirmation before testifying individually or as a group. Oath or
affirmation or its equivalent in accordance with their customs and
practices shall be made by simply asking the witness or witnesses to affirm
that when asked questions in the hearing, he/she will tell the truth.

Section 7. Members of ICCs/IPs as Expert Witnesses. - Expert
witnesses are qualified as such on account of their education or training,
experience, and expertise. Education or training does not necessarily refer
to formal education but also includes non-formal education or training
received from elders or experts in the ICCs/IPs. A member of the ICCs/IPs
possessing the appropriate non-formal education or training, experience,
and expertise on matters relating to their customary laws and traditions
may be considered as an expert witness. In case of conflict between the
learned opinion of an anthropologist and the ICCs/IPs expert witness on
customary law and traditions, the opinion of the latter shall prevail.
Section 8. Quantum of Evidence. - Substantial evidence is necessary

to establish a claim or defense under this Rules.
RULE XII - SUBPOENA AND TESTIFICANDUM AND

SUBPOENA DUCES TECUM
Section 1. Power to Issue Subpoena. - The Commission en banc and

the Regional Hearing Office, in the exercise of its quasi-judicial function
may issue subpoena ad testificandum and subpoena duces tecum to
compel the attendance of a witness or persons in a proceeding before it
and to require the production and presentation of documents during a
hearing.
Section 2. Service of the Subpoena. - The subpoena may be

personally served to the person named therein or by registered mail or by
private courier.
Section 3. Failure to appear. - The failure by any person without

adequate cause to obey a subpoena served upon him/her shall be deemed
an act in contempt of the Commission en banc or the Regional Hearing
Officer who issued the subpoena. This provision shall not apply when the
non-appearance is due to restraints imposed by customary law and/or
tradition or for any other justifiable cause, provided the same shall be
immediately communicated to the Commission or the Regional Hearing
Officer prior to the date of intended appearance.
RULE XIII – CONTEMPT
Section 1. Direct Contempt. - The Commission en banc or the

Regional Hearing Officers may summarily pass judgment on acts of direct
contempt committed in the presence of, or so near the Chairman or any
member of the Commission or its Regional Hearing Officers, as to
obstruct or interrupt the proceeding before the same, including disrespect
towards the Commissioners or the Regional Hearing Officers, offensive
behavior towards other parties, refusal to be sworn in or to answer as a
witness, or to subscribe to an affidavit or deposition when lawfully

required to do so.
Those found to be in direct contempt shall be punished by a fine not

exceeding Two Thousand Pesos (Php2,000.00) or imprisonment not
exceeding ten (10) days, or both, if it be committed against the
Commission en banc or any of its members; or by a fine not exceeding
Two Hundred Pesos (Php200.00) or imprisonment not exceeding one (1)
day, or both, if it be committed against the Regional Hearing Officer. The
judgment of the Commission or any of its Hearing Officers on direct
contempt shall be immediately executory and non-appealable.
Section 2. Indirect Contempt. - The Commission en banc or its

Regional Hearing Officers may cite and punish any person for indirect
contempt on any of the grounds, and in the manner prescribed under Rule
71 of the Revised Rules of Court, and for this purpose, the grounds and
proceedings laid down in Sections 3, 4, 5 and 6 of Rule 71 of the Revised
Rules of Court is hereby adopted.
If the respondent is adjudged guilty of indirect contempt committed

against the Commission en banc or any of its members, he/she may be
punished by a fine not exceeding Thirty Thousand Pesos (Php30,000.00)
or imprisonment not exceeding six (6) months, or both. If he/she is
adjudged guilty of indirect contempt committed against a Regional
Hearing Officer, he/she may be punished by a fine not exceeding Five
Thousand Pesos (Php5,000.00) or imprisonment not exceeding one (1)
month, or both.
Section 3. Appeal from Indirect Contempt. - Any person found

guilty of indirect contempt by the Regional Hearing Officers may appeal
the same to the Commission en banc, within a period of five (5) days from
notice of judgment, and in which case the execution of said judgment shall
be suspended pending the resolution of the appeal upon filing by said
person of a bond on the condition that he/she will abide by, and perform
the judgment should the appeal be decided against him/her.
RULE XIV - INJUNCTION
Section 1. Preliminary Injunction and Temporary Restraining

Order. - A writ of preliminary injunction (WPI) or temporary restraining
order (TRO) may be granted by the Commission en banc pursuant to the
provisions of Sections 59 and 69 of R.A. 8371 when it is established, on
the basis of sworn allegations in a petition, that the acts complained of
involving or arising from any case, if not restrained forthwith, may cause
grave or irreparable damage or injury to any of the parties, or seriously
affect social or economic activity. This power may also be exercised by
Regional Hearing Officers in cases pending before them in order to
preserve the rights of the parties.

Section 2. Grounds for Issuance Writ of Preliminary
Injunction and Temporary Restraining Order. - The following
may be grounds for the issuance of a writ of preliminary injunction and/or
temporary restraining order:
a. Free and prior informed consent of concerned ICCs/IPs has not been
secured as required under Section 59 of R.A. 8371 and its
implementing rules and regulations;
b. The consent of the ICCs/IPs as required under Section 59 of R.A. 8371
was irregularly or improperly obtained thereby rendering the FPIC
void ab initio;
c. Prohibited or unlawful acts are threatened to be done or would be
committed unless restrained; and
d. Grave or irreparable injury would result if not restrained.
Section 3. Verified Petition. - Preliminary injunction or temporary

restraining order may be granted only upon verified petition showing
facts that would entitle the petitioner or the applicant to the relief
demanded.
Section 4. Temporary Restraining Order may be Issued Ex

Parte. - The Commission en banc or the Regional Hearing Office may
issue ex parte a TRO for a period of seventy-two (72) hours from service
to the party or person sought to be enjoined upon showing that the
applicant would suffer great or irreparable injury before the matter can
be heard on notice.
Thereafter, within the aforesaid seventy-two (72) hours, the Commission

en banc or the Regional Hearing Office before whom the case is pending
shall conduct a summary hearing to determine whether the TRO shall be
extended until the application for preliminary injunction can be heard. In
no case shall the total period of effectivity of the TRO exceed twenty (20)
days, including the original seventy- two hours provided herein.
Notwithstanding the lack of CNR required under Section 2, Rule IV of this

Rules, the Regional Hearing Officer may issue the TRO provided that the
main case shall have to be referred back to the council of elders/leaders
or mediators, if applicable, for compliance to the aforementioned Rule IV.
The Regional Hearing Officer shall furnish the Commission en banc

copies of the TROs issued by them for the information and guidance of
the Commission en banc.
Section 5. Period to Resolve the Prayer for a Writ of

Preliminary Injunction. - Within the twenty (20) day period of the
TRO, the Commission en banc or the Regional Hearing Officer shall order

the respondent to show cause, at a specified time and place, why the
preliminary injunction should not be granted. Within the same period,
the Commission en banc or the Regional Hearing Officer must resolve
whether or not the writ of preliminary injunction should be granted.
Section 6. Grounds for Dissolution of the Preliminary

Injunction or Temporary Restraining Order. - The TRO or WPI
may be dissolved on the following grounds:
a. Upon proper showing of its insufficiency; and

b. If it appears after hearing that although the applicant is entitled to the
restraining order or the injunction, the continuance thereof would
cause irreparable damage to the party enjoined while the applicant
can be fully compensated for such damages as he/she may suffer.
Section 7. Injunctive Bond. - A writ of preliminary injunction shall

be issued only upon filing of the required bond as may be determined by
the Commission en banc or the Regional Hearing Officer, which bond
shall answer for any damages that might be suffered by the adverse party.
An indigent may be exempt from payment of the injunctive bond as
provided for in Section 4, Rule VI hereof.
Section 8. Grant of Final Injunction. - The Commission en banc or

the Regional Hearing Officer shall grant a permanent injunction
confirming the preliminary injunction or preliminary mandatory
injunction if after hearing, the applicant is found to be entitled to have the
acts complained of permanently enjoined. An order shall be issued
ordering the respondent to perpetually refrain from the commission or
continuance of the act or acts subject of the petition.
RULE XV - LEGAL FEES
Section 1. Filing Fees. - The following shall be the prescribed filing

fees:
a. Actions, with ICCs/IPs as complainant, involving ancestral lands

or personal actions, a filing fee of Php500.00 shall be required;
b. Actions involving community interest that is litigated in the name
of the community, no filing fees shall be charged;
c. Actions filed by natural or juridical persons operating within
ancestral domains/lands, a filing fee of Php2,500.00 shall be
required;
d. If there is a prayer for a TRO and/or WPI is sought, an additional
amount of Php2, 500.00 shall be required;
e. For claims of damages, the following schedule of filing fees shall
be observed:
1. For claims of less than Php100,000.00;
2. For claims of Php100,000.00 or more but less than
Php150,000.00;
Php200,000.00;
Php250,000.00;
5. For claims of Php250,000 or more but less than
Php300,000.00;
Php350,000.00;
Php400,000.00;
8. For each Php1,000.00 claim in excess of Php400,000.00;
Section 2. Legal Fees. - The following legal fees shall be charged and
collected.
a. For furnishing copies of transcript of proceedings or any part of the

records, Ten Pesos (Php10.00) per page; and
b. For every certification issued, One Hundred Pesos (Php100.00).
Section 3. Sheriffs and Other Persons Serving Processes. - The

following fees shall be charged and collected.
a. For serving summons/es and copy/ies of the complaint, Php100.00

for each defendant;
b. For serving subpoenas, Php80.00 for each witness to be served;
c. For serving TRO, or Writ of Injunction, preliminary or final,
Php200.00;
d. For filing bonds or other instruments of indemnity or security in
provisional remedies, Php80.00 for each bond or instrument;
e. For executing a writ or process to place a party in possession of real
estate, Php400.00.
In addition to the fees herein above fixed, the party requesting for the
issuance of any process whether preliminary, incidental, or final, shall pay
the Sheriff's expenses in serving, or executing the process, or safeguarding
the property levied upon, attached or seized, including actual travel
expenses by the regular means of transportation, guard's fees,
warehousing, and similar charges, in an amount estimated by the sheriff,
subject to the approval of the Regional Hearing Officer. Upon approval of
said estimated expenses, the interested party shall deposit such amount
with the Clerk of the Regional Hearing Office, who shall disburse the same
to the sheriff assigned to effect the process. Any unspent amount shall be
refunded to the party making the deposit. A full report shall be submitted
by the Sheriff assigned with his/her return and the Sheriff's expenses shall

be taxed as cost against the losing party.
Section 4. Applicability of Section 4, Rule VI of this Rules. - The

above prescriptions are subject to provisions of Section 4, Rule VI of this
Rules on indigent litigants.
RULE XVI - FINAL PROVISIONS
Section 1. Applicability of the Rules of Court. - The provisions of

the Rules of Court which are not inconsistent herewith shall apply
suppletorily whenever practicable and convenient.
Section 2. Separability Clause. - In case any clause, sentence,

section, or provision of this Rules or any portion hereof is held or declared
unconstitutional or invalid by a competent court, the other sections or
provisions hereof which are not affected thereby shall continue to be in
full force and effect.
Section 3. Repealing Clause. - All administrative orders, rules and

regulations, guidelines, circulars, and other issuances inconsistent
herewith or contrary to the provisions of this Rules are hereby repealed
or modified accordingly.
Section 4. Effectivity. - This Rules shall take effect fifteen (15) days
after its complete publication in a newspaper of general circulation.

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VOLUME 3

All together towards a better DOJ!

This 2017 Edition of the Revised Manual for Prosecutors is a product

First, to the following:

The Bureau of International Narcotics and Law Enforcement

The International Development Law Organization (IDLO),

The American Bar Association-Rule of Law Initiative (ABA-ROLI),

Former Prosecutor General Claro A. Arellano who originally

Former Prosecutor General Victor C. Sepulveda and Acting

The consultant-writers, Atty. Jude Romano, Criminal Law Expert;

SDSP Richard Anthony D. Fadullon - DOJ Proper

Fourth, to the members of the Technical Working Group created

Finally, to Undersecretary Antonio T. Kho, Jr., for his guidance and

Revised Manual for Prosecutors Volume 3 2017 Edition 1

DEPARTMENT CIRCULAR NO.

IMPLEMENTING RULES AND REGULATIONS

Whereas, pursuant to Section 52 of Republic Act No. 9285, otherwise

Whereas, the Committee was composed of representatives from the

Wherefore, the following rules and regulations are hereby adopted as

IMPLEMENTING RULES AND REGULATIONS OF THE

Pursuant to Section 52 of Republic Act No. 9285, otherwise known as the

RULE 1 - Policy and Application

Article 1.1. Purpose. These Rules are promulgated to prescribe the

Article 1.2. Declaration of Policy. It is the policy of the State:

(a) To promote party autonomy in the resolution of disputes or the freedom

(b) To encourage and actively promote the use of Alternative Dispute

106 Revised Manual for Prosecutors Volume 3 2017 Edition

(d) To enlist active private sector participation in the settlement of disputes

(b) the civil status of persons;

(c) the validity of marriage;

(d) any ground for legal separation;

(e) the jurisdiction of courts;

(f) future legitime;

(g) criminal liability;

(h) those disputes which by law cannot be compromised; and

(i) disputes referred to court-annexed mediation.

Article 1.4. Electronic Signatures in Global and E-Commerce Act. The

Article 1.5. Liability of ADR Providers/Practitioners. The ADR

RULE 2 - Definition of Terms

A. Terms Applicable to all Chapters

1. ADR Provider means the institutions or persons accredited as

Revised Manual for Prosecutors Volume 3 2017 Edition 107

3. Arbitration means a voluntary dispute resolution process in which

4. Arbitration Agreement means an agreement by the parties to submit

5. Authenticate means to sign, execute, adopt a symbol or encrypt a

6. Award means any partial or final decision by an arbitrator in resolving

7. Confidential Information means any information, relative to the

(a) communication, oral or written, made in a dispute resolution

(b) an oral or written statement made or which occurs during

(c) pleadings, motions, manifestations, witness statements, reports

8. Counsel means a lawyer duly admitted to the practice of law in the

9. Court means Regional Trial Court except insofar as otherwise defined

10. Government Agency means any governmental entity, office or

108 Revised Manual for Prosecutors Volume 3 2017 Edition

12. Proceedings means a judicial, administrative or other adjudicative

13. Record means information written on a tangible medium or stored in

14. Roster means a list of persons qualified to provide ADR services as

B. Terms Applicable to the Chapter on Mediation

1. Ad hoc Mediation means any mediation other than institutional or

2. Institutional Mediation means any mediation administered by, and

3. Court-Annexed Mediation means any mediation process conducted

4. Court-Referred Mediation means mediation ordered by a court to be

5. Certified Mediator means a mediator certified by the Office for ADR