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I.

PROSECUTION OF TRANSITORY OFFENSES:


RULE 110. Sec. 15. Place where action is to be instituted. - (a) Subject to existing laws, the

criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. (b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including the place of its departure and arrival.chan robles virtual law library (c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. (d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed.

II.

DOUBLE JEOPARDY (Rule 117, Sec. 7 ,1st par.)

When an accused has been 1. convicted or acquitted, or 2. the case against him dismissed or otherwise terminated a. without his consent b. by a court of competent jurisdiction c. upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and 3. after the accused had pleaded guilty to the charge 4. the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution a. for the offense charged, or b. for any attempt to commit the same or frustration thereof, or c. for any offense which necessarily includes in the offense charged in the former complaint or information. REQUISITES:
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1. The first jeopardy must have attached prior to the second. 2. The first jeopardy must have been validly terminated. 3. The second jeopardy must be: a. For the same offense, or b. The second offense includes or is necessarily included in the offense charged in the first information, or is c. An attempt to commit the same or is a frustration thereof. (Cudia v. CA, Jan. 16, 1998)

III.

NOLLE PROSEQUI

Literally means, unwillingness to prosecute. In criminal cases, it is the withdrawal of the Information or a Motion for Dismissal of the case by the prosecutor. It does not work as an acquittal as the accused may still be re-indicted. In civil cases, it is the undertaking of the plaintiff to not anymore proceed in seeking some or all of the reliefs. It is not a bar for future action involving the same cause. Both are upon the discretion of the court.

IV.

SUMMARY JUDGMENT V. JUDGMENT ON THE PLEADING


SUMMARY JUDGMENT (Rule 35, Sec. 3) If the pleadings, supporting affidavits, depositions and admissions on file show that, except as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. JUDGMENT ON THE PLEADING (Rule 34, Sec. 1) It is judgment by the court upon motion of a plaintiff, counter-claimant, crossclaimant, or third-party plaintiff where an answer fails to tender an issue; or otherwise admits the material allegations of the complaint, counterclaim, crossclaim or third-party complaint.

V.

PRELIMINARY EXAMINATION V. PRELIMINARY INVESTIGATION


PRELIMINARY INVESTIGATION It is an inquiry or proceeding to determine whether or not there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. (Rule 112, Sec. 1, 1st par). Page | 2

It is a statutory and substantive right accorded to the accused before trial. To deny PI would be a deprivation of the full measure of due process. PRELIMINARY EXAMINATION It is merely a part of the preliminary investigation. It is the first stage of PI where the complainant and his witnesses prior to the arrest of the accused to determine whether or not there is a ground to issue a warrant of arrest. Preliminary Investigation Proper-wherein the accused, after his arrest, is informed of the complaint filed against him and is given access to the testimonies and evidence presented, and he is also permitted to introduce evidence in his favor.

VI.

CRESPO V. MOGUL
The determination of the existence of probable cause for filing an Information in court is an executive function which pertains to the public prosecutor at the first instance and then to the Secretary of Justice who may review the findings of the investigating prosecutor under his authority or control over his subordinates. This authority subsists even after the Information is filed in court. However, once an Information is filed in court and the court acquires jurisdiction over the case, any disposition of the case rests on the sound discretion of the court. (Crespo vs. Judge Mogul, 151 SCRA 462)

VII.

AMENDMENT TO RULE 41
A.M. NO. 07-7-12-SC Effective: December 27, 2007 RULE 41

Section 1. Subject of appeal. An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable. No appeal may be taken from: DELETED:(a) An order denying a motion for new trial or reconsideration; -NOW APPEALABLE
1. An order denying a petition for relief or any similar motion seeking relief from judgment; 2. An interlocutory order; 3. An order disallowing or dismissing an appeal; Page | 3

4. An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent; 5. An order of execution; 6. A judgment or final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom; and chanroblesvirtuallawlibrary 7. An order dismissing an action without prejudice.

In any of the foregoing circumstances, the aggrieved party may file an appropriate special civil action as provided in Rule 65.

VIII. AMENDMENT TO RULE 65


A.M. NO. 07-7-12-SC Effective: December 27, 2007 RULE 65 Sec. 4. When and where to file the petition. The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the petition shall be filed not later than sixty (60) days counted from the notice of the denial of the motion. chanroblesvirtuallawlibrary (DELETED:The petition shall be filed in the Supreme Court or, it relates to the acts or omissions of a lower court) If the petition relates to an act or an omission of a municipal trial court or of a corporation, a board, an officer or a person, it shall be filed with the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed with(in) the Court of Appeals or with the Sandiganbayan, whether or not the same is in aid of the courts appellate jurisdiction. If the petition(it) involves an act or an omission of a quasijudicial agency, unless otherwise provided by law or these rules, the petition shall be filed with(in) and be cognizable only by the Court of Appeals. ADDED: In election cases involving an act or an omission of a municipal or a regional trial court, the petition shall be filed exclusively with the Commission on Elections, in aid of its appellate jurisdiction.

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THUS: following the heirarchy of courts, no certiorari against the rtc shall be filed with the sc. this will help prevent the clogging of the scs dockets as litigants will be discouraged from filing petition directly with the sc. For election cases involving acts or omissions of a municipal or regional trial court, the petition shall be filed exclusively with the COMELEC as ruled by sc in Relampagos vs. Comelec (April 27, 1995)

(LAST PARAGRAPH OF SEC.4 DELETED: No extension of time to file the petition shall be granted escept for compelling reasons and in no case exceeding fifteen (15) days. )
HENCE: Petitions for certiorari must be filed strictly within 60 days from notice of judgment or from the order denying a motion for reconsideration. there can no longer be any extension of the 60-day period within which to file petition for certiorari.

Sec. 7. Expediting proceedings; injunctive relief. The court in which the petition is filed may issue orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings. The petition shall not interrupt the course of the principal case, unless a temporary restraining order or a writ of preliminary injunction has been issued, enjoining the public respondent from further proceeding with the case. The public respondent shall proceed with the principal case within ten (10) days from the filing of a petition for certiorari with a higher court or tribunal, absent a temporary restraining order or a preliminary injunction, or upon its expiration. Failure of the public respondent to proceed with the principal case may be a ground for an administrative charge. Sec. 8. Proceedings after comment is filed. After the comment or other pleadings required by the court are filed, or the time for the filing thereof has expired, the court may hear the case or require the parties to submit memoranda. If, after such hearing or filing of memoranda or upon the expiration of the period for filing, the court finds that the allegations of the petition are true, it shall render judgment for such relief to which the petitioner is entitled. However, the court may dismiss the petition if it finds the same patently without merit or prosecuted manifestly for delay, or if the questions raised therein are too unsubstantial to require consideration. In such event, the court may award in favor of the respondent treble costs solidarily against the petitioner and counsel, in addition to subjecting counsel to administrative sanctions under Rules 139 and 139-B of the Rules of Court. The Court may impose motu proprio, based on res ipsa loquitur, other disciplinary sanctions or measures on erring lawyers for patently dilatory and unmeritorious petitions for certiorari.

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IX.

KOREAN TECH CASE

AS TO DOCKET FEES The Court now requires the payment of docket fees in compulsory counterclaims and crossclaims(Sec. 7, Rule 141, as amended by A.M. No. 04-2-04-SC; Korea Technologies v. Lerma, G. R. NO. 1435, Jan 7, 2008) ARBITRATION (ADR) The law of the place where the contract is made governs. Therefore, our laws ought to govern. Nonetheless, Art. 2044 of NCC sanctions the validity of mutually agreed arbitral clause or the finality and binding effect of an arbitral award. Art. 2044 provides, Any stipulation that the arbitrators award or decision shall be final is valid, without prejudice to Arts. 2038, 2039 and 2040. The above cited provisions refer to instances where a compromise or an arbitral award may be voided, rescinded, or annulled, but these would not denigrate the finality of the arbitral award. The arbitration clause has not been shown to be contrary to any law, morals, or public policy. There is no reason why the arbitration clause should not be respected and complied with by both parties. There are no vices of consent shown in this case.

X.

ALTERNATIVE REMEDY IN FORCIBLE ENTRY AND UNLAWFUL DETAINER


Bry. Concialiation/alternative despute resolution. DISCLAIMER-after thorough research, no alternative remedy has yet been found in several books of reliable authors, hence, resort to stock knowledge, logic and infos from concerned friends but make sure to share them with all of us. -the humble researcher

XI.

EXPROPRIATION

UNDER RULE 67 (Special Civil Action) RA 8974 Resorted to for purposes other than Governs the expropriation when the national infrastructure projects. government expropriates real property for a right of way, site or location of any infrastructure project of the national The government is required only to make an The government is required to make an
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initial deposit with any government depositary of an amount equivalent to the assessed value of such realty as declared for taxation purposes by the owner. At least 15% of the propertys fair market value based on current taxation. Right to enter the property shall be after judgment and payment or tender of the amount so determined by the court.

immediate payment of 100% of the value of the real property to be expropriated, based on the current zonal valuation thereof by the BIR, inclusive of improvements, upon the filing of the complaint for expropriation. The immediate payment scheme may obtain a writ of possession over the property subject of expropriation, therefore constitutes the owner of said property.

XII.

DNA ADMISSIBILITY
In assessing its probative value, the courts should consider among other things, the following data: a. b. c. d. e. How the samples were collected How they were handled The possibility of contamination of the samples The procedure followed in analyzing the samples Whether the proper standards and procedure were followed in conducting the tests and the qualification of the analysts who conducted the tests. (Pp v. Callejo, May 9, 2002)

DNA EVIDENCE constitutes the totality of the DNA profiles; results and other genetic information directly generated from DNA testing of biological samples. The Rules on DNA Evidence does 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.

XIII. SPECIAL APPEARANCE


It is a challenge by a party through a motion on the courts jurisdiction over his person and by which, as an exception, such party cannot be considered to have submitted to such courts authority. VOLUNTARY APPEARANCE It is a waiver of the necessity of a formal notice. It is an appearance it whatever form, without explicitly objecting to the jurisdiction of the court over the person, thus it is considered as submission to the jurisdiction of the court over the person.
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XIV. WRIT OF AMPARO


A remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extra-legal killings and enforced disappearances or threats thereof. WHO MAY FILE: a. The aggrieved party, or b. Any qualified person or entity in the following order: 1. Any member of the immediate family, namely: the spouse, children and parents of the aggrieved party; 2. Any ascendant, descendant or collateral relative of the aggrieved party within the 4th civil degree of consanguinity or affinity 3. Any concerned citizen, organization, association or institution, if there is no known member of the immediate family or relative of the aggrieved party. The filing of petition by the aggrieved party suspends the right of all other authorized parties.

XV.

WRIT OF HABEAS DATA

It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. WHO MAY APPLY: a. Any aggrieved party b. Extra-legal killings and enforced disappearances 1. Any member of the immediate family of the aggrieved party, namely: spouse, children and parents, or 2. Any ascendant, descendant or collateral relative of the aggrieved party within the 4th civil degree of consanguinity or affinity, in default thereof.

XVI. PROOF OF HANDWRITING IN HOLOGRAPHIC WILLS


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a. Uncontested- at least one witness who knows handwriting and signature of testator; expert testimony, in the absence of competent witness. b. Contested- at least 3 witnesses who knows the handwriting of testator; expert witness, in the absence of competent witness.

XVII. TRO V. INJUNCTION V. STATUS QUO


Status Quo is the subject of controversy of both an Injunction and a TRO. Status Quo sought to be preserved by a preliminary injunction is the last actual, peaceable, and uncontested situation which precedes the controversy. TRO is merely a cousin of Injunction TEMPORARY RESTRAINING ORDER 1.72-hour TRO- granted if the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury issued by the executive judge ex-parte, effective only for 72 hours, but shall immediately comply with the requirements for the hearing of a TRO. 2. 20-day TRO- issued at RTC, after the judge before whom the case is pending has conducted summary hearing to determine whether the 72 hrs shall be extended. It is not extendable.

INJUNCTION 1.Preliminary Injunction- a provisional remedy adjunct to the main case the sole object of which is to preserve the status quo ante litem motam (status before the suit) until the trial court hears fully the merit of the case. An order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. It may also require the performance of a particular act or acts in which case it shall be known as a preliminary mandatory injunction. (Rule 58, Sec.1)

3. 60-day TRO- issued by the CA or a member thereof, effective from service on the party or person sought to 2. Mandatory Injunction- an order issued by a be enjoined. court requiring a party or a court, agency or a 4. Issued by the SC- a TRO effective until further person to perform a particular act or acts. orders. 3. Final Injunction- If after the trial of the action it appears that the applicant is entitled to have the acts or act complained of permanently enjoined, the court shall grant a final injunction perpetually restraining the party or person enjoined from the commission or continuance of the act or acts or confirming the preliminary injunction. (Sec. 9)

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