TABLE OF CONTENTS SAN BEDA MEM@RY AID 2018 GENERAL PRINCIPLES ‘Substantive Law vs. Remedial Law CLASSIFICATION OF COURTS .. Court Courts of Law ys. Courts of Equity Consttaional Court vs. Statutory Court ‘Superior Court vs. inferior Court Gn Coun ve. Criminal Court As to Level Courts of Record JURISDICTION .. 7 Four Concapis of Jurisdiction in Civ Gases Requisttes forthe Exercise of Juredicion and How the Court Acquires such Jurediction AA. Joriscction over the Subject Matter How jurssicton over the subject matter is conferred Erect of lack of jurisdiction over the subject matter ofthe action “Jurisdiction over the subject matter cannot be conferred by Exception "When jurisdiction by estoppel may be applied ‘What law governs the jrtsdietton of he court How jurisdiction over the subject mater is determined ‘The cours jurisdiction aver the subject matter cannot be made to depend upon ‘Motu proprio dismissal ofthe case by the cou B, Jurisdiction over the Parties Unauthorized Complaint Examples of Voluntary Appearance ‘Special appearance operates as an exception to the general rule on voluntary appearance: Concept of Special Appearance co Surisateton over the issues “risition over the issues may also be determi Dr urtedetion over the Ros Jurisdiction over the Res acauited either ‘Comparieon of urtadction over the Subject Mater, over the Person, and aver the Issues sorssetion ve. Exercise of Jurisdiction Error of suridiction ve. Error of Judgment and conferred by CLASSIFICATION OF JURISDICTION As to.Cases Tried ‘As to Nature of he Cause [AS to Nature and Extent of Exercise ‘a3 10 Situs OTHER PRINCIPLES .. Policy of Judicial Hierarchy Doctrine of Judeal Stabity oF Non-interterence Doctrine of Adherence of Jurisdiction (Continusty of Jurisdiction) Exclusionary Principle Doctrine of Primary Juriedietion FRule on Exhaustion of Administrative Remedies Doctrine of Ancilary Jursdiction Residval Jurisdiction Dolagated Jursaiction of inferior Courts Special Jurisdiction of MTC. Distinctions between @ Court and a Judge JURISDICTION OF COURTS IN CIVIL CASES Supreme Court Court of Appeals Sandiganbayan Regional Taal Courts and Municipal Tal Courts Family Courts ‘Shorts Courts Jurisdiction JURISDICITON OF COURTS IN CRIMINAL CASES Supreme Court (Court of Appeals Fogional Trial Cours 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |iTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Municipal Trial Courts Sandiganbayan CIVIL PROCEDURE RULE 1: GENERAL PRINCPLES ....... ‘SECTION 1. TITLE OF THE RULES When Procedural Rules do not apply to pending actions Rulo-Making Powor ofthe Supreme Cour ‘Causes which may Warrant the Suspension of the Sit Application ofthe Rules Limitations on the Rulemaking power of tie Supreme Cour SECTION 2. IN WHAT COURTS APPLICABLE SECTION 3. CASES GOVERNED “Ration” distinguished fom “Clais” A. Cull Acton. 8 Criminal Action . Special Proceeding Cingsication of Actions An InGenera 8 Asto Object Distinctions between action in personam, action in rem, and action quast in rem ©. As to Cause or Foundation DAS to Place. ‘Actions the subject matter of which i incapable of pecuniary estimation ‘SECTION 4. INWHAT CASES NOT APPLICABLE SECTION 5. COMMENCEMENT OF ACTION ‘Ackil acton is commenced by Fring of Compiaint, Docket Fees Effect of Non-Payment of Docket Fees Instances whan the docket fees ned not be paid at the commencement ofthe sult but may be considered as a en on the judgment award ‘SECTION 6. CONSTRUCTION. Exceptions, RULE 2: CAUSE OF ACTION . SECTION 1. ORDINARY CIVIL ACTIGI SECTION 2. CAUSE OF ACTION, DEFINED. Elements of a cause of action. Tost ofthe Sufcioncy ofthe Statement of a Cause of Action Fight of Acton Requisties ‘Aston Distinguished from Cause of Action ‘SECTION 3. ONE SUIT FOR A SINGLE CAUSE OF ACTION SECTION 4, SPLITTING A SINGLE CAUSE OF ACTION, EFFECT OF Prohibition against spiting a single cause of action Romedy ofthe defendant where 2 single cause of action has been split ‘Three Tests to Ascertan Whether Two oF More Suits Relate 10a Single or Common Cause of Action Res in Determining he Singleness of a Cause of Action Docttine of Anipatory Breach SECTION 5, JOINDER OF CAUSES OF ACTION Totaly Rule Determination of Jurscictonal Amount in Relation tothe Totality Rule SECTION 6. MISJOINDER OF CAUSES OF ACTION RULE 3: PARTIES TO CIVIL ACTION SECTION 1. WHO MAY BE PARTIES; PLAINTIFF ANO DEFENDANT quiremoris fora person to be a party toa evil action Enis Authorized by Law to be Parties Effect when @ party impleaded Is not authorized tobe a party ‘SECTION 2. PARTIES IN INTEREST Real Partysnintorest Locus Stand Classticaton of parties in interest ‘SECTION 3. REPRESENTATIVES AS PARTIES ‘SECTION 4 SPOUSES AS PARTIES Exceptions under the Family Code SECTION 6. MINOR OR INCOMPETENT. SECTION 6, PERMISSIVE JOINDER OF PARTIES Rule on Permissive Joindor of Parties Requistes ‘Series of transactions SECTION 7. COMPULSORY JOINDER OF INDISPENSABLE PARTIES. |i] 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Indiepensabie panics ules on co-owners as indispensable partes n actions to recover property SECTION 8 NECESSARY PARTY, Necessary party Effect of Justitad Nor-incusion of a Necessary Party SECTION 9. NON-JOINDER OF NECESSARY PARTIES TO BE PLEADED Duty of Pieader Whenever a Necessary Party is Not Joined SECTION 10, UNWILLING CO-PLAINTIFF ‘SECTION 11. MISJOINDER AND NON-JOINDER OF PARTIES SECTION 12 CLASS SUIT Roquistes ofa Ciass Sut Instances when there is No Class Suit Example of class suit Example of permissive jinder of parties SECTION 18, ALTERNATIVE DEFENDANTS ‘SECTION 14. UNKNOWN IDENTITY OR NAME OF DEFENDANT. ‘SECTION 15. ENTITY WITHOUT JURIDICAL PERSONALITY AS DEFENDANT INSTANCES WHEN SUBSTITUTION OF PARTIES IS PROPER: A. SECTION 16. DEATH OF PARTY: DUTY OF COUNSEL “eat to Determine Whather an Action Survives the Death of a Party Examples of actions which survive the deat of he party When Formal Substitution is Not Necessary Rules in cases where the acon survives the death of a party 1B. SECTION 17. DEATH OR SEPARATION OF A PARTY WHO IS A PUBLIC OFFICER ‘SECTION 18. INCOMPETENCY OR INCAPACITY SECTION 19. TRANSFER OF INTEREST Atransleree pendente tte SECTION 20. ACTION ON CONTRACTUAL MONEY CLAMS. SECTION 21. INDIGENT PARTY SECTION 22, NOTICE TO THE SOLICITOR GENERAL RULE 4: VENUE OF ACTIONS .... Venue compared to Jurisdiction Basie Venue Anaiysie SECTION 1. VENUE OF REAL ACTIONS. Real Actions SECTION 2 VENUE OF PERSONAL ACTIONS. Personal Action It the defendant non-esident ‘SECTION 3. VENUE OF ORDINARY CIVIL ACTIONS AGAINST NON-RESIDENTS [Non-resident found inthe Phitppines Non-resident rot found i the Philippines SECTION 4. WHEN RULE NOT APPLICABLE Requisttes of Stipulations on Venue Effect of venue stipulation when the vay of the written instrument is controverted ‘Complementary-Contracts-Construed Together Doctrine RULE 5: UNIFORM PROCEDURE IN TRIAL COURTS .. SECTION 1, UNIFORM PROCEDURE RULE 6: KINDS OF PLEADINGS ..... SECTION 1. PLEADINGS DEFINED. Purpose of Pleadings SECTION 2, PLEADINGS ALLOWED SECTION 3, COMPLAINT. ‘Test of Suficiancy of the Facts Alleged in the Complaint to Gonstitule a Cause of Action SECTION 4. ANSWER. SECTION 5, DEFENSES ‘Two kinds f dofonses that may be sot forth in the answer Incuificiont denial or denial amounting to admissions SECTION 6. COUNTERCLAIM Nature of 8 Counterclaim Permissive Counterclaim ‘Compulsory Counterciaim ‘SECTION 7. COMPULSORY COUNTERCLAIM. Requistes of a Compulsory Counterclaim CGoferiaor tests that may be used in termining whether @ counterciaim is compulsory oF permissive Rules on Compulscry Counterclaim Etfoct ofthe Diemiseal of a Complaint on the Counterclaen Already Set up SECTION 8, CROSS-CLAIM mations on Cross-Claim Effect of Falluro to Filo @ Gross-claim SECTION 9. COUNTER-COUNTERCLAIMS AND COUNTER-CROSS-CLAIMS SECTION 10. REPLY 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |iTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Effect of Failure to File a Reply Distinctions between Answer fo Countereiaim and Reply SECTION 11. THIRD (FOURTH, ETC }-PARTY COMPLAINT Tosis fo determine whether the Third-Party Complaint is in Respect of Piaint's Claim SECTION 12. BRINGING NEW PARTIES Distinguished from a This Party Complaint ‘SECTION 13, ANSWER TO THIRD (FOURTH, ETC. PARTY COMPLAINT RULE 7: PARTS OF PLEADINGS ....... a SECTION 1. CAPTION SECTION 2 THE BODY ‘SECTION 3. SIGNATURE AND ADDRESS Significance of the Signature of Gounsal ‘A counsel's subject fo discipinary acon inthe folowing cases. SECTION 4, VERIFICATION. How a Pleading is Verified Purpose of Requting Verification Effect of Lack of Verification stot Pleadings that should be verted SECTION &. CERTIFICATION AGAINST FORUM SHOPPING Forum Shopping Cerifieate against Forum Shopeing Tost to Determine the Existence of Forum Shopping Three Ways of Commiting Forum Shopping Effect of Forum Shopping Elect of Non-Compliance withthe Rule an Certification against Forum Shopping Erfoct of Submission of a False Certification or Non-Compuanes with tha Undertakings Erfoct of Wilf and Deliberate Forum Shopping Summary of Guidelines Respecting Non-Complance with the Requiements of, r Submission of Detective, Verfication and Certification ‘against Forum Shopping RULE 8: MANNER OF MAKING ALLEGATIONS IN PLEADINGS .. SECTION 1. IN GENERAL What are Not Utimate Facts Evidentiary facts “Test to Distinguish Conclusion of Law from Statement of Facts Defenses Based on Law SECTION 2 ALTERNATIVE CAUSES OF ACTION OR DEFENSE (Can a defendant make use of both a negative and affrmatve defense Facts that may be Averred Gene aly Facts that must be Averred Partiularly SECTION 7. ACTION OR DEFENSE BASED ON DOCUMENT. ‘Actionable Document ‘Two Permissible ways of pleading an Actonable Document SECTION 8. HOW TO CONTEST SUCH DOCUMENT How to Contest an Actionable Document Where he actionable document propery allaged, the failure to specticaly deny under oath the same results in: ‘Genuineness" means that the dociment is “Due Execution” means thatthe document Defenses Cut Of by tre Admission of Genuneness and Due Execution Defenses not CuOM by the Admission of Genuineness and Due Exscution| SECTION 10. SPECIFIC DENIAL Three Types of Specific Denials SECTION 11. ALLEGATION NOT SPECIFICALLY DENIED DEEMED ADMITTED SECTION 12, STRIKING OUT OF PLEADING OR MATTER CONTAINED THEREIN 53 RULE 9: EFFECT OF FAILURE TO PLEAD . 87 ‘SECTION 1- DEFENSES AND OBJECTIONS NOT PLE SECTION 2 COMPULSORY COUNTERCLAIM, OR CROSS-CLAIM, NOT SET-UP BARRED SECTION 3. DEFAULT, DECLARATION OF DEFAULT Default in ordinary procedure ‘Two Stages of Default What is the consequence i the plain fails to fle a motion to declare the defendant in default ater a tong period of ime Elemenis of a Vaid Declaration of Defat Action ofthe Court after Declaralion/Order of Defaut Etfect of Declaration/Order of Default Fights of Party in Default Roquistes to Lit Onder of Default Partial Detauit Effect of Partial Defautt Can the plaintit move to dlamiss the ease as regards the answering defendant and retain the defaulted defendant in order to secure an immediate juagment Extent of Roisin a Judgment by Defaut mere ro detauite slowed Iv | 2016 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Effect of Faure to File an Answer in Marriage-Related Cases Remedies Avaialo to Party who has been Declared in Default RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS SECTION 1, AMENDMENTS IN GENERAL Rule 10 vis-bvie Section 4of Rulo 128 SECTION 2 AMENOMENTS AS A MATTER OF RIGHT Instances when Amendment is @ Matter of Right ‘When New Service of Summans is required ‘SECTION 3. AMENDMENTS BY LEAVE OF COURT [Leave of Court is required Requisites Instances when Amendment by Leave of Court May Not be allowed ‘Amenament is Not Alowed Where No Cause of Action Exists ‘Amendment to Cortect a Juriseictonal Defect Substantial Akeration of Cause of Action or Defense ‘Test te Determine Whether a Different Cause of Action & intioduced by the Amendments ‘SECTION 4. FORMAL AMENOMENT. SECTION 5, AMENDMENT TO CONFORM TO OR AUTHORIZE PRESENTATION OF EVIDENCE SECTION 6. SUPPLEMENTAL PLEADINGS: SECTION 7, FILING OF AMENDED PLEADINGS. SECTION 8. EFFECT OF AMENDED PLEADING Effect of Amended Piesding Effect of Amendments in Relation tothe Statue of Limitations RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS ‘SECTION 1, ANSWER TO THE COMPLAINT SECTION 2. ANSWER OF A DEFENDANT FOREIGN PRIVATE JURIDICAL ENTITY SECTION 3. ANSWER TO AMENDED COMPLAINT Ifthe fing ofan amended complaints a matter ef rght Ifthe fling of to armendied complaint is nota matter of right ‘SECTION 4, ANSWER TO COUNTERCLAIM OR CROSS-CLAIM SECTION 5, ANSWER TO THIRD (FOURTH, ETC.) PARTY COMPLAINT SECTION 6. REPLY SECTION 7 ANSWER TO SUPPLEMENTAL COMPLAINT SECTION 8. EXISTING COUNTERCLAIM OR CROSS-CLAIM Existing Counterclaim or Cross-Ciaim SECTION 9. COUNTERCLAIM OR CROSS-CLAIM ARISING AFTER ANSWER ‘Atr-Acauited Countercaims and Cross: Claims ‘SECTION 10. OMITTED COUNTERCLAIM OR CROSS-CLAIM (Omitted Counterciaims and Cross.Claims SECTION 11. EXTENSION OF TIME TO PLEAD RULE 12: BILL OF PARTICULARS ‘SECTION 1, WHEN APPLIED FOR; PURPOSE. Purpose Potted to Fle Effect of Filing SECTION 2 ACTION BY COURT SECTION 3. COMPLIANCE WITH OROER Prod to comply with the order granting the motion 1} SECTION 4. EFFECT OF NON-COMPLIANCE: SECTION 5. STAY OF PERIOD TO FILE RESPONSIVE PLEADING Ii the motion is granted Its motion is dented ‘SECTION 6. BILLA PART OF PLEADING RULE 13: FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS .. SECTION 1. COVERAGE SECTION 2-FILING AND SERVICE, DEFINED. Rule When a Party is Represented By Counsel Other instances vitae direct service upon te party may be ocdered ‘SECTION 4 PAPERS REQUIRED TOBE FILED AND SERVED SECTION 3. MANNER OF FILING SECTION 5 MODES OF SERVICE SECTION 6. PERSONAL SERVICE SECTION 7. SERVICE BY MAIL SECTION 6. SUBSTITUTED SERVICE Personal Service ‘Service by Mail ‘Subethuted Service SECTION 9, SERVICE OF JUDGMENT, FINAL ORDERS OR RESOLUTIONS. SECTION 10. COMPLETENESS OF SERVICE 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |vTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 SECTION 11, PRIORITIES IN MODES OF SERVICE AND FILING SECTION 12, PROOF OF FILING. SECTION 13, PROOF OF SERVICE Proof of personal service roof of service by registered mall Proof of service by orginary mal Service of Papers distinguished ftom Service of Final Orders, Judgments and Resolutions Service of judgments, finals orders, or resolutions SECTION 14, NOTICE OF LIS PENDENS A notice of fs pendens is proper in the folowing cases DBoctiine of ie pondons haa ne application inthe fovowing cases Cancellation of Notice of Lis Pendens RULE 14: SUMMONS ..... Is there a need for new summons ia compiain\ fs amended balore detendant’s appearance in cout? What fan adotional defendant ls joned inthe acton? Purpose of Summons A. hetions in Personam B__ Actions in Rem and Quasi in Rem ‘SECTION 1 CLERK TO ISSUE SUMMONS. SECTION 2. CONTENTS SECTION 3. BY WHOM SERVED SECTION 4. RETURN : SECTION 5. ISSUANCE OF ALIAS SUMMONS. Modes of Service of Summons A” Service in person on defendant 8. Substituted Service ._ Meaning of Residence Meaning of Ofice or Regular Pace of Business Roqusies ofa valid substituted service Meaning of Person of Suitable Age and Discretion” Etfect ifthe Defendant does Not Actually Receive the Summons ‘When the Defendant Provanta Service of summons BD.” Pubication Constructive Service by Publication ‘Conversion of an action ia pereanam into an action in rem ‘Senco of Summons on Diferent Entities SECTION 14, SERVICE UPON DEFENOANT WHOSE IDENTITY OR WHEREABOUTS ARE UNKNOWN SECTION 15. EXTRATERRITORIAL SERVICE SECTION 16. RESIDENTS TEMPORARILY OUT OF THE PHILIPPINES SECTION 17. LEAVE OF COURT SECTION 18. PROOF OF SERVICE SECTION 19. PROOF OF SERVICE BY PUBLICATION SECTION 20. VOLUNTARY APPEARANCE. Instances of actions amounting to voluntary appearance RULE 15: MOTIONS SECTION 1. MOTION, DEFINED. Diflerence between a Pleading and a Motion ‘Kinds of Motions. SECTION 2. MOTION MUST BE IN WRITING SECTION 3. CONTENTS Contents of a Motion SECTION 4, HEARING OF MOTION SECTION 5, NOTICE OF HEARING SECTION 6, PROOF OF SERVICE NECESSARY Requisites of a Motion Exceptions tothe Three-Day Notice Rule [Necessity of Notice and Hearing SECTION 7. MOTION DAY SECTION &. OMNIBUS MOTION ‘Omnibus Motion Rule ‘SECTION 8. MOTION FOR LEAVE SECTION 10. FORM: RULE 16: MOTION TO DISMISS... SECTION 1. GROUNDS: Fle on Hypothetical Admission Lack of Jurtdietion over the Person ofthe Defending Party {Lack of Junedction over the Subject Matter tis Pendentia Reequistes of Lis Pendentio Res Jucioola Reequisites of Res Judicata : vi 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Preserition| Pleading Asserting a Claim States No Cause of Action ‘Gta of Demand has been Pald, Waived, Abandoned, or otherwise Extinguished Condition Precedent for Fling the Claim Has Not Baen complied with Condition precedent SECTION 2. HEARING OF MOTION SECTION 3. RESOLUTION OF MOTION Order Denying a Motion to Dismiss SECTION 4, TIME TO PLEAD SECTION 6, EFFECT OF DISMISSAL, SECTION 6, PLEADING GROUNDS AS AFFIRMATIVE DEFENSES RULE 17: DISMISSAL OF ACTIONS ..... SECTION 1, DISMISSAL UPON NOTICE BY PLAINTIFF Two Dismissal Rule SECTION 2. DISMISSAL UPON MOTION OF PLAINTIFF SECTION 3. DISMISSAL DUE TO FAULT OF PLAINTIFF ‘Grounds for Dismissal "Non prosequitur ‘The complaint may be dismissed: SECTION 4, DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM, OF THIRD-PARTY COMPLAINT RULE 18: PRE ~ TRIAL .. SECTION 1. WHEN CONDUCTED. Duly ofthe Plaintit to Move thatthe Case be Set for Pre-Trial Conference AM. 09-1-09-8¢ SECTION 2. NATURE AND PURPOSE SECTION 3. NOTICE OF PRE-TRIAL. SECTION 4. APPEARANCE OF PARTIES ‘The nor-appearance of a party may be excused SECTION 5. EFFECT OF FAILURE TO APPEAR The failure ofthe plain to appear ‘The falue ofthe defendant to appear SECTION 6. PRE-TRIAL BRIEF Filing of Pre-Trial Brie! CContonis of Pre-Trial Brot SECTION 7, RECORD OF PRE-TRIAL, CONTENTS OF PRE-TRIAL ORDER, Function of Pre-Telal Order General Applicability ofthe Rules of Chl Procedure Governing Pre-Trials in Summary Procedure and Small Cisims Cases Surmmary Procedure ‘Small Claims Cases RULE 19: INTERVENTION Purpose Kinds of intervention SECTION 1, WHO MAY INTERVENE Reequisttes for intervention Remedy forthe Denil of Motion to Intorvane SECTION 2. TIME TO INTERVENE ‘SECTION 3. PLEADINGS.IN-INTERVENTION ‘SECTION 4 ANSWER TO A COMPLAINT-ININTERVENTION Remedies or the Improper Denial of a Motion for Intervention Remedy for an lmproper Granting of Motion for Intervention RULE 20: CALENDAR OF CASES SECTION 1. CALENDAR OF GASES Preference shall be given to SECTION 2. ASSIGNMENT OF CASES RULE 21: SUBPOENA .. Dileence betwesn Subpoena and Summons SECTION 1, SUBPOENA AND SUBPOENA DUCES TECUM {This process may require the witness fo attend anc to tesify and bing books or decuments at any ofthe fofowing circumstances SECTION 2. BY WHOM ISSUED. ‘Tho subpoona may be issued by the Subposne to a Prisoner ‘SECTION 3. FORM AND CONTENTS. ‘A subpoena shall Roquistes for Issuance of Subpoena Duces Tecum SECTION 4, QUASHING A SUBPOENA Subpoena duces tecu ‘Suppoona ad tostfeandum SECTION 5. SUBPOENA FOR DEPOSITIONS. SECTION 6 SERVICE 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | viTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Rules on Service of Subpoena SECTION 7, PERSONAL APPEARANCE IN COURT SECTION 8. COMPELLING ATTENDANCE SECTION 9. CONTEMPT ‘General Rule: Consequences of Failure to Attend or Obey 3 Subpoena ‘SECTION 10, EXCEPTIONS. RULE 22: COMPUTATION OF TIME .. SECTION 1. HOW TO COMPUTE TIME Exceptions SECTION 2. EFFECT OF INTERRUPTION RULES OF DISCOVERY Purposes of Discovery Procedures ‘The Rules on Discovery are ntenced Discovery Stil Applies Evon If Motion for Bil of Particulars Denied Duty ofthe Court in Relation fo the Mades of Discovery Modes of Discovery under the Fules of Court ‘Aopcabiity of Modes of Discovery to Criminal Actions ‘Deposition of Dafense Witnesses Residing Abroad Doctrinal Pronouncemants in People v. Webb and Gov. People RULE 23: DEPOSITIONS PENDING ACTIONS .. opostions Depositons different rom afaavis Dual Function of Depestions I deposition s availed of as a mode of ciscovery Ifthe purpose s only for use as testimony CCaceiicaion of Depositons SECTION 1. DEPOSITIONS PENDING ACTION, WHEN MAY BE TAKEN When taken A By Leave of Court B,_ Without Leave of Court ‘Wese deposition may be taken “Two medes of deposition taking SECTION 2. SCOPE OF EXAMINATION ‘The deponent may be examined on all matters ther Privieged Communications SECTION 3. EXAMINATION AND CROSS-EXAMINATION SECTION 4, USE OF DEPOSITIONS Grcunstances where deposition f any witness may be used for any purpose Where dopostions may bo usod Deposition may be usod against @ party who was. SECTION 5. EFFECT OF SUBSTITUTION OF PARTIES. SECTION 6. OBJECTIONS TO ADMISSIBILITY SECTION 7. EFFECT OF TAKING DEPOSITIONS SECTION 8. EFFECT OF USING DEPOSITIONS SECTION 8, REBUTTING DEPOSITION SECTION 10. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN WITHIN THE PHILIPPINES SECTION 11. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN IN FOREIGN COUNTRIES SECTION 13. DISQUALIFICATION BY INTEREST ‘SECTION 14. STIPULATIONS REGARDING TAKING OF DEPOSITIONS Betore whom taken A. Wihin the Philippines 8. Outside the Philippines [No deposition sal be taken before a person whois SECTION 12. COMMISSION OR LETTERS ROGATORY Commission Letters Rogatory Difference between Commission and Letters Rogatory ‘SECTION 18. DEPOSITION UPON ORAL EXAMINATION: NOTICE; TIME AND PLACE ‘SECTION 16. ORDERS FOR THE PROTECTION OF PARTIES AND DEPONENTS. ‘SECTION 17, RECORD OF EXAMINATION; OATH; OBJECTIONS, ‘SECTION 20. CERTIFICATION AND FILING BY OFFICER SECTION 21, NOTICE OF FILING SECTION 22, FURNISHING COPIES Duties ofthe Oricer Taking the Deposition upon Oral Examination SECTION 18, MOTION TO TERMINATE OR LIMIT EXAMINATION, SECTION 19, SUBMISSION TO WITNESS, CHANGES: SIGNING SECTIONS 23, FAILURE TO ATTEND OF PARTY GIVING NOTICE SECTION 24. FAILURE OF PARTY GIVING NOTICE TO SERVE SUBPOENA Difference batwoon Sec. 29 and Soc. 24 SECTION 25, DEPOSITION UPON WRITTEN INTERROGATORIES; SERVICE OF NOTICE AND OF INTERROGATORIES ‘SECTION 26. OFFICERS TO TAKE AND PREPARE RECORD vi | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS.TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 SECTION 27, NOTICE OF FILING AND FURNISHING OF COPIES. SECTION 28. ORDERS FOR THE PROTECTION OF PARTIES AND DEPONENTS, SECTION 29. EFFECT OF ERROR AND IRREGULARITIES IN DEPOSITIONS. RULE 24: DEPOSITIONS BEFORE ACTION OR PENDING APPEAL. . 107 Purpose SECTION 1. DEPOSITION BEFORE ACTION; PETITION Avalabitty in Criminal Cases SECTION 2 CONTENTS OF PETITION SECTION 3, NOTICE AND SERVICE. SECTION 4 ORDER AND EXAMINATION SECTION 5 REFERENCE TO COURT ‘SECTION 6. USE OF DEPOSITION. ‘SECTION 7. DEPOSITIONS PENDING APPEAL 109 RULE 25: INTERROGATORIES TO PARTIES .. Purpose of Interogatons to Parton SECTION 1 INTERROGATORIES TO PARTIES; SERVICE THEREOF SECTION 2. ANSWER TO INTERROGATORIES Datautt SECTION 3, OBJECTIONS TO INTERROGATORIES SEGTION 4. NUMBER OF INTERROGATORIES. SECTION 5. SCOPE AND USE OF INTERROGATORIES SECTION 6. EFFECT OF FAILURE TO SERVE WRITTEN INTERROGATORIES RULE 26: ADMISSION BY ADVERSE PARTY ... SECTION 1, REQUEST FOR ADMISSION Purpose ‘When request is made SECTION 2. IMPLIED ADMISSION Doferment of Compliance SECTION 3. EFFECT OF ADMISSION SECTION 4. WITHDRAWAL. SECTION 5, EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR ADMISSION RULE 27: PRODUCTION OR INSPECTION OF DOCUMENT OR THINGS SECTION 1. MOTION FOR PRODUCTION OR INSPECTION: ORDER Requistes Production of Documents RULE 28: PHYSICAL AND MENTAL EXAMINATION OF PERSONS ‘SECTION 1. WHEN EXAMINATION MAY BE ORDERED SECTION 2. ORDER FOR EXAMINATION SECTION 3. REPORT OF FINDINGS ‘SECTION 4, WAIVER OF PRIVILEGE RULE 29: REFUSAL TO COMPLY WITH MODES OF DISCOVERY SECTION 1. REFUSAL TO ANSWER SECTION 2. CONTEMPT OF COURT SECTION 3, OTHER CONSEQUENCES ‘SECTION 4. EXPENSES ON REFUSAL TO ADMIT ‘SECTION 5. FAILURE OF PARTY TO ATTEND OR SERVE ANSWERS 116 SECTION 1. NOTICE OF THiAL SECTION 2. ADJOURNWENTS AND POSTPONEMENTS SECTION 3, REQUISITES OF MOTION TO POSTPONE TRIAL FOR ABSENCE OF EVIDENCE Requstes Nomappicebitty io erminal cases SECTION 4. REQUISITES OF MOTION TO POSTPONE TRIAL FOR ILLNESS OF PARTY OR COUNSEL Requistes: Hotlon for Continuance or Postponement Nota Matter of Right SECTION 5. ORDER OF TRIAL Order of Teal May the court change the ordor ofl Reverse Ordo of Ta When propor Preliminary hearing of afmative defenses under ROC Rule 16, Sec. 6s not the ful-bown tral contemplated under this Fule Ingtances where the cour! may allow presentation of evidence-in-chiet during te presentation of rebuttal evidence: SECTION 6. AGREED STATEMENTS OF FACT May the stipulation of facts be made orally in criminal cases Applicaton of SOF In Givi and Criminal Cases: Distinguishes 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | ixTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 SECTION 7, STATEMENT OF JUDGE SEGTION 8, SUSPENSION OF ACTIONS SECTION 8, JUDGE TO RECEIVE EVIDENCE; DELEGATION TO CLERK OF COURT Hottub hearing RULE 31: CONSOLIDATION OR SEVERANCE, SECTION 1, CONSOLIDATION "When may the court arder consolidation of several actions pending before it Requistes for Consolidation May there be a consolidation of cases ponding before efferent branches ofthe court May there be a consoldation of eases which are pending befor® cours stunted in clferont judicial districts Purpose for Consolidation ‘Three Waye of Consolidating Cases SECTION 2, SEPARATE TRIALS Purpose ‘Severance in relation to misjinder f causes of action Severance in relation to separate judgments 122 RULE 32: TRIAL BY COMMISSIONER SECTION 1. REFERENCE BY CONSENT SECTION 2: REFERENCE ORDERED ON MOTION SECTION 3. ORDER OF REFERENCE; POWERS OF THE COMMISSIONER CContonts ofthe Order of Reference Powers of Commissioner ‘SECTION 4. ORTH OF COMMISSIONER SECTION 5, PROCEEDINGS BEFORE THE COMMISSIONER. SECTION 6, FAILURE OF PARTIES TO APPEAR SEFORE CONMISSIONER SECTION 7. REFUSAL OF WITNESS. SECTION & COMMISSIONER SHALL AVOID DELAYS SECTION 9. REPORT OF COMMISSIONER. Difference between Rule 30, Seo, 9 and Rule 32 SECTION 10, NOTICE TO THE PARTIES OF THE FILING OF REPORT Upon the fling ofthe report ofthe commissioner SECTION 11. HEARING UPON REPORT SECTION 12. STIPULATIONS AS TO FINDINGS SECTION 12. COMPENSATION OF COMMISSIONER. 124 RULE 33: DEMURRER TO EVIDENCE .. SECTION 1, DEMURRER TO EVIDENCE Domurer to Evidence ‘What isthe diffrence between failure to state a cause of action as a ground for a motion to dismiss under Rule 16, See. 1(g) and lack of ‘calito of acton as a ground for gmissal rough a motion for ermurrer to ovidenco? Nature Purpose: Difference between Rule 39 and Rule 16 Effoct of Denial or Granting ofthe Motion for Demurrer to Evidence Difference Between Demurrer to Evidence in Civil and Criminal cases 125 RULE 34: JUDGMENT ON THE PLEADINGS. What is meant by “Yas to tender an issue" and “otherwise admits the material silogeiions ofthe adverse partys pleading?” SECTION 1, JUDGMENT ON THE PLEADINGS. ‘Allegations Not Deemed Admitted by Fing of Judgment on the Pleadings: Grounds for Judgment on the Pleadings. Tet proper forthe court to render a judgment on the pleadings af once when only afirative defenses are raised in the answer? No Judgment on the Pleadings in Actions for Difference betwoen Rule 16 and Rule 34 17 RULE 35: SUMMARY JUDGMENTS. Concept of a Judgment without ta Purpose for Summary Judgment When isan Issue considered sham ‘Sections 1 & 2. Summary hadgment for claimant; Summary judgment for defending party Who ean fie Section 3. Motion and proceedings thereon Purpose and importance of folowing the proceedings Section 4 Case nol fully adjudicated on maton ‘What call be cone by the court ifthe ease isnot fully adjudged upon motion for summary judgment ‘Section 5. Form of affidavits and supparing papers ‘Supporting and opposing affidavits must Section 6, Affidavits bad fath OR SOLELY FOR PURPOSES OF DELAY Sanctions Bates of Summary Judgment x1 2018 SAN BEDA CENTRALIZED BAR OPERATIONS,TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 . 129 RULE 36: JUDGMENTS, FINAL ORDERS, AND ENTRY THEREOF Final judgment or order Contents ofa Judgment ‘SECTION 1. RENDITION OF JUDGMENTS ANO FINAL ORDERS Rendition of judgment Reason for rendition of judgment Requistes of a Vaid Judgment Formal Requistes Substantive basis Conequence of non-compliance Kings of dagen iTABLE OF CONTENTS SAN BEDA MEM@RY AID 2018 RULE 124: PROCEDURE IN THE CA ee a2g SECTION 1, TITLE OF THE CASE SECTION 2 APPOINTMENT OF COUNSL. DE OFFICIO FOR THE ACCUSED Instances when an accused can be given @ counsel de oficio on appeal ‘SECTION 3. WHEN BRIEF FOR THE APPELLANT TO BE FILED ‘SECTION 4 WHEN BRIEF FOR THE APPELLEE TO BE FILED ‘SECTION 6. EXTENSION OF TIME FOR FILING BRIEFS SECTION 6. FORM OF BRIEFS. ‘SECTION 7 CONTENT OF BRIEFS Necessity of making assignment of errors SECTION 8, DISMISSA OF APPEAL FOR ABANDONMENT OR FAILURE TO PROSECUTE Grounds for cismissal of appeals by the CA Lost Appeat SECTION 9. PROMPT DISPOSITION OF THE CASE SECTION 10. JUDGMENT OT TO BE REVERSED OR MODIFIED SEGTION 11. SCOPE OF JUDGMENT SECTION 12: POWER TO RECEIVE EVIDENCE (ther powers ofthe CA SECTION 13. CERTIFICATION OR APPEAL OF CASE TO THE SC SECTION 14. MOTION FOR NEW TRIAL SECTION 15. WHERE NEW TRIAL CONDUCTED SECTION 16, RECONSIDERATION Matimue ‘SECHON 17, JUDGMENT TRANSMITTED AND FILED IN TRIAL COURT “Transmit of judgment to cour a quo SECTION 18. APPLICATION OF CETAIN RULES IN CIVIL TO CRIMINAL CASES RULE 125: PROCEDURE IN THE SUPREME COURT SECTION 1. UNIFORM PROCEDURE SECTION 2. REVIEW OF THE DECISIONS OF THE CA Exceptions 'SEGTION 3, DECISION IF OPINION IS EQUALLY DIVIDED. RULE 126: SEARCH AND SEIZURE SECTION 1, SEARCH WARRANT DEFINED Searen Warrant Elements of a Search Warrant General Warrant Sealter Shot Search Warrant ‘SECTION 2. COURT WHERE APPLICATION FOR SEARCH WARRANT SHALL BE FILED Ex parte application ‘SECTION 3. PERSONAL PROPERTY TO BE SEIZED Kinds of property to be seized by vitue ofa warrant SECTION 4 REQUISITES FOR ISSUING SEARCH WARRANT Requistes Pari who may question valiy of search and seizure Probable Cause’ Batis of Probable Cause Factors in determination of probable cause Who determines probable cause Partuiary describing the place to be searched and the persons or things o be seized Test to determine particularity “Muli-facter Balaneing Test In determining probable cause SECTION 8, EXAMINATION OF THE COMPLAINANT, RECORD Necessity of Personal Examination Matters that may be raised in a motion to quash a search warrant SECTION 6. ISSUANCE AND FORM OF SEARCH WARRANT Issuance of Search Warrant Form of Search Warrant ‘SECTION. RIGHT TO BREAK DOOR OR WINDOW TO EFFECT SEARCH ‘General Rule: Knock and Announce Principle Exceptions: When unannounced inrusion fs pormissible SECTION 8. SEARCH OF HOUSE, ROOM OR PREMISES TO BE MADE IN PRESENCE OF TWO WITNESSES SECTION 9, TIME OF MAKING SEARCH Exceptions tothe exception SECTION 10, VALIDITY OF THE SEARCH WARRANT ‘SECTION 11, RECEIPT FOR THE PROPERTY SEIZED. SECTION 12, DELIVERY OF PROPERTY AND INVENTORY THEREOF TO COURT; RETURN AND PROCEEDINGS THEREON ities ofthe Executing Officer Within 10 days afer ssuance of Search Warrant, the judge shal ascertain if a retum has been made: SECTION 13. SEARCH INCIDENT TO LAWFUL ARREST \When may there be a search witnout warrant Immediate Control Test ‘Toaliy of Circumstances Principle 12018 SAN BEDA CENTRALIZED BAR OPERATIONS:TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘Stop and Frisk serves 9 two-fold interest Welver of legaliy search and acmissiilty evidence SECTION 14. MOTION TO QUASH A SEARCH WARRANT OR TO SUPPRESS EVIDENCE: WHERE TO FILE Where @ Motion to Quash a Search Warrant May Be Filed Romedios of Pary advorcoly affected by a Search Warrant Objection to lesuance oe Service of a Warrant Rule on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights 339 ‘The Wat of Search and Seizure Where the application is fied Grounds for he Issuance of the Order Contents of the wer Seizure of Computer Disks Other Storage Devices 340 RULE 127: PROVISIONAL REMEDIES IN CRIMINAL CASES .. SECTION 4, AVAILABILITY OF PROVISIONAL REMEDIES Nature of provisional remedies kinds of Provisional Remedies SECTION 2 ATTACHMENT ‘Who may apply for preliminary attachment ' Notice to adverse party not required ‘Altachment may be availed of only when the cll action arising from the crime has not been expressly waived or nol reserved and only in the following cases EVIDENCE Sources RULE 128: GENERAL PROVISIONS . SECTION 1. EVIDENCE DEFINED Four Component elements: Exceptions, Distinctions between Evidence and Other Concepts Protum Probendom vs: Factum Probans Distinctone between Evidence and Other Concepts Giner Coseiteatons of Evidence Rus of Evidence have boon classified into Rites of Protatve Poley Rules of Exeinae Poy ‘Abeones of Vested Rights in the Rules on Evidence Liberal Constcton ofthe Rules on Evidence Wiaver ofthe Rules of Evidence SECTION? SCOPE Unfonmty of Rules of Evidence in Judicial Proceedings Applcabity ofthe Files on Evidence SEC Ton AoMSsIBiLiry OF EVIDENCE Regulates for Admissbilly of Evidence A Types of Ramsey 8. Rules of Exetusionv Excluionary Rules ‘The folowing are rules that exclude certain pes of evidence ‘Th folowing are the provisions ofthe Constuon and lw that exclude evidence Doctrine of the “Frit of the Poisonous Treo" ‘Xémlsooity of Eloctronio Documents, ‘Admissioty of evidence obtained in voltion of The Chid and Youth Weare Code (P.0. 603) SECTION’ RELEVANCY, COLLATERAL NATTERS Relevano ‘eats of Relevancy Collateral matters Factin esua vs. Fact evant tothe issue 363 RULE 129: WHAT NEED NOT BE PROVED Matters that need not be proved stuiciat Notice “Applicabity of Judicial Notice oct of Judieal Note Upon the Burden of Proving a Fact Material Requisites Test of Notoriety Judge's Personal Knowledge Kinds of Judea! Notes ‘SECTION 1 JUDICIAL NOTICE, WHEN MANDATORY Mandatory Judicial Notice 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | nxTABLE OF CONTENTS SAN BEOA MEMORY AID 2018 Matters relating to the legislative department Mattes relating to the courts of ustice ‘SECTION 2 JUDICIAL NOTICE, WHEN DISCRETIONARY Discretionary Judicial Notice Things of ‘eammon knowledge” Foreign Lave Doctrine of Processual Presumption Jodieial Notice of Murscipal Ordinances “Judicial Notice of records of another case previously tied Exceptions ‘The rules betore appelate cours with regard to court records Jusicial Notice of other mates SECTION 3 JUDICIAL NOTICE, WHEN HEARING NECESSARY ‘Stages upon which the court may take judeial notice ofa fact Purpose of Hearing SECTION 4 JUDICIAL ADMISSICN Exceptions Roquisites of Judicial Admission ‘What need not be proved ‘Speatie Denial Remedy of 8 party who gave a Judicial Admission RULE 130: RULES OF ADMISSIBILITY A. Object Evidence B Documentary Evidence ,_ Testimonial Evidence SECTION, OBJECT AS EVIDENCE (Object or Real Evidence Physical Evidence Object evidence may bo Distinctions betwoon Object or Real Evidenes Types of Demonstrative Evidence Requisites of Admissibily of Object Evidence ‘Autnenteation “authentic” Purposes of Authentication ‘Types of Authentication Doctrine of Chain of Custody Purpose of Establishing a Chain of Custody A. "Chain of Custody in Drugs related Gases ‘Marking ofthe Evidence How Chain of Custody Is Observed Non-compliance wih the Doctrine of Chain of Custody B. "Chain of Custody in DNA Evidence ‘Testimonial Foundation Categories of Object Evidence: How object evidence presented ‘Qeular Inspection or View" Experiments Personal Appearance as Object Evidence ‘The body of the plain as object evidence in personal injury case ‘Two Theones ‘The body ofthe accused as object evidence ia criminal cases SECTION 2, DOCUMENTARY EVIDENCE 1nd Demonstrative Evidence BEST EVIDENCE RULE ‘SECTION 2, ORIGINAL DOCUMENT MUST BE PRODUCED; EXCEPTIONS Bost Evidence Rule Exceptions Applcabity LUnitations upon Best Evidence Rule Purposes of the Best Evidence Rule Voluminoue Wetings Requistes Beat Evidence Rule in Ceminal Cases ‘SECTION 4, ORIGINAL OF DOCUMENT Bocuent Amended or Attered by the Parties Tho Fule on Duplicate Original Rules on Copies of a Document Bes! Evidence Rule 25 applied to Electronic Documents (Orginal of an Electronic Document ‘Copies as equivatent ofthe originals xxx | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS 358TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 365 ‘SECONDARY EVIDENCE .. SECTION 5, WHEN ORIGINAL DOCUMENT IS UNAVAILABLE Predicates of Secondary Evidence Order of Proot ‘SECTION 6. WHEN ORIGINAL DOCUMENT IS IN ADVERSE PARTY'S CUSTODY OR CONTROL, Roguistos SECTION 7. EVIDENCE ADMISSIBLE WHEN ORIGINAL DOCUMENT IS A PUBLIC RECORD Carty Asai Irremovabity of Pubic Record SECTION 8. PARTY WHO GALLS FOR DOCUMENT NOT BOUND TO OFFERIT Production of Documents: For Purposes of Evidence vis-dvis a8 a Mode of Discovery 367 PAROL EVIDENCE RULE ‘SECTION 9. EVIDENCE ON WRITTEN AGREEMENTS Parol Evidence Rule Paro! Evidence Evidence Allundo (Extinsic Evidence) Exceptions, Purpose of the Ful: Requsites for Appiicabilty Aoplicaally Ingpplicabilty of PER Waiver of Parol Evidence Rute Exceptions tothe Paral Essence Rule levine o latent ambiguity Intermediate ambiguity EEdrnsie or Patent Ambiguity Reason forthe Exclusion of Parol Evidence to Explain Exrinsic Ambiguity Mistake. Elements of Mi Imparfoction CConsitional Agreements arol Evidence Rule Applicable to Wis SECTION 10 SECTION 19, INTERPRETATION OF DOCUMENTS: Contra Proferentem Rule 370 QUALIFICATION OF WITNESSES .. ‘Testimonial Evidence SECTION 20. WITNESSES; THEIR QUALIFICATIONS Witness Giizen's Testimonial Duty Qualifcatone of Witnesses Competency of winess Presumption of Competency When fs competancy datormined Who detormines the competency of a witness Test of Competency ‘Objection to tho Competency Vor are Examination or Compotoncy Examination ‘Two Kinds of Incompetency to Testy Effect of Faure ofa Party to Object the Competency of 2 Witness [SECTION 21, DISQUALIFICATION BY REASON OF MENTAL INCAPACITY OR IMMATURITY ‘A. Mental Incapacity Rules on time of insanity Feeble-minded porsone 8. Immaturity Competency of a Child Witness SECTION 22, DISQUALIFICATION BY REASON OF MARRIAGE (SPOUSAL IMMUNITY) Rule on Mantal Diequalifcation Nature Reasons Requisites Exceptions Who may object Duration of he Priviloge Form a the testimony covered by rulo on marital disqualification Marrying the Witness, SECTION 22, DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE PARTY Dead Marrs Statute (Survivorship Disqualification Rule) Roquistos Applicability IASsignor 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | 101,TABLE OF CONTENTS i SAN BEDA MEMORY AID 2018 Mators Prohibited Facts favorable to the doceasod are not profited ‘When dead man's statute cannot te invoked SECTION 24, ISGUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION Privege ‘Who may acsor prviege Cases covered Buration of Prvege imitation Priviaged Communications found in the Rules of Court Gommon Element : Ae Prlaged Communication Between Husband and Wile Roqustos Presumption of Conidontiaty ‘Valid marnage is essential fo lovoke this prlege Applicability aver Duration of Paiviege Conetiational Lmstation Rule whan commaniation is heard by ti parsons 8." Prvloged Communteaton between Atfney and Client Cases Whore Disquaiicaton Based on tho Atemey-Chont prvilage does NOT apply ‘The Waiver o he Prviago may ein bo Ewpross x Implied Innit waiver may consist ‘Applicat of tne Privilege to Counsel de Ofcio ‘Ropleabilty of ine Prilage 1 an Atorney who fs @ subscribing witness o his cents wi ‘Applcabiy of Prviogo ta Actions Brough By The Giont Agama to Atorey ‘Atorney-Chon rivioge as sppited to idan of Cont For of Priviege Duration of Prviege C Prvieged Communication between Doctor and Patient Reguistos When Privioge Does Not Analy ‘Test determine whether formation given in the presence of hid partis i¢prvloged Scope of Prohibition Pristoge not olated whore doctor testified as expert Competency of the Physician to Testy Detormined by Courts 1b. "Prvleged Commurscation between Prost ond Pomtent Roques Who determines whether or not the cisciosure is pivleged? E” Pulaged Communication to Puble Ofears Rogustos Reason forthe Pei Communication mst have been madetoa public offcer Pub ntrest By way of exceptions i whats asked is among the folowing, disclosure vl be compelled 382 TESTIMONIAL PRIVILEGE SECTION 25. PARENTAL AND FILIAL PRIVILEGE Two Privileges under Seciion 25, When may be invoked ADMISSIONS AND CONFESSIONS SECTION 26. ADMISSIONS OF APARTY ‘Admission Classifeations of Admission When fe an admission admissible? Self-serving deciarations "Sotf-sewving evidence” When Set Serving Statements Admissible ‘gmission vis-dars Confession Principles showing imptoa aarission Introduction ot Admission in Evidence SECTION 27, OFFER OF COMPROMISE NOT ADMISSIBLE Compromise 1. "Cr Cases 2. Crmmina Cases : Excoptions ‘The Good Samaritan Rule [No compromise is alowed inthe folowing cases 382-4 RES INTER ALIOS ACTA 386 ‘SECTION 28, ADMISSION BY THIRD P) Principe of Res inter Alas Acta Altar Nocere Non Debot seo | 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘Two Branches 1° “Rute 130, Section 28 (Fst Branch) 2. Rule 130, Section 34: Provious Conduct Rule (Second Branch) Exceptions to the Principio of Res Infor As Acta ‘Viearious Admissions ‘SECTION 29. ADMISSIONS BY A CO-PARTNER OR AGENT ‘A. _ Admission by @co:pariner or agent roving the Partnership, Agency oF Joint Ownership 8 "Admissions by @ Joint Owner, Joint Debtor, of Other Person Joint Inevested wih the Party Rooquistes SECTION 30, ADMISSION BY CONSPIRATOR Conspiracy Roquises: roving conspiracy Principle of Impted Conspiracy Scope SECTION 31, ADMISSION BY PRIVIES Privies Requistes Instances when the acts. declarations. or omissions of a predecessor in interest admissible against the prvi: SECTION 32. ADMISSION BY SILENCE Scope Fooguistes Qurtacet consent videtur Doctrine of Adoptive Admission ‘When Adoptive Admission Not Applicable: Instances Where There fe No mpliod Admission SECTION 33. CONFESSION Key Precple Confession Kinds of Confession Reguisites for the Admissibility of Exrojucial Confession ‘Agmission or Confession Under Oath Not Required Presumplion of Voluntariness of Cantession Entrudelal Confession Binds the Confessor Only Custodial Investigation Reenactment Interlocking Confession 391 PREVIOUS CONDUCT AS EVIDENCE SECTION 34, SIMILAR ACTS AS EVIDENCE Exceptions Burdon ofthe Party Offoring Previous Act as Evidence Rape Shield Irrlevance of Past Sexual Behavior, Opinion thereof ar Reputation of Vicims and of Consent of Vicims In Cases of Deception, Coercion and Other Prohibited means ‘Sexual Abuse Shield Rule in Rule on Examination of Child Winess SECTION 35. UNACCEPTED OFFER Scope TESTIMONIAL KNOWLEDGE .. ee SECTION 36, TESTIMONY GENERALLY CONFINED TO PERSONAL KNOWLEDGE; HEARSAY EXCLUDED Hearsay Rule Hearsay, Hearsay may be oral or writon Reason for Exclusion of Hearsay Evidence ‘The Fight to Confrontation insures That Specie Elements of Heareay Clacslfeations of Outot-Court Statements Concepts of Hearsay Evidence Double Hearsay Non-human Evidence Selt-sering statements Independently Relevant Statements (Apparent Hearsay) ‘Classes of Independently Relevant Statomonts 393 EXCEPTIONS TO THE HEARSAY RULE Excaptions to the Heorsay Rule (ther Exceptions SECTION 37. DYING DECLARATION. Dying Declaration (Ante Mortem Statement or Siaioment in Ariulo Moris) Reasons for Admisstbity “Truth Sits On the Lips of the Oying Man Roquistes 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | octTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Consciousness of an Impending Death Doctrine of Completeness Form of Dying Deciavation SECTION 38. DECLARATIONS AGAINST INTEREST Reason for Admissiity Requistes When inappicable Interest Covered Declarations against pecuniary Interests Declarations against proprietary interests Form of Declaration. SECTION 39, ACT OR DECLARATION ABOUT PEDIGREE Posigroo Roquistes Reason for Admissibity ‘Ante item motam y Birth or Marriage Prior Evidence of Relationship ‘SECTION 40. FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE Reason for admissibity Requistes Family Reputation or Tradition in Respect to One's Pedigree May be Estabiished ‘Reputation or Traction Existing inthe Famiy SECTION $1, COMMON REPUTATION Reasons for Admissibity ‘Common Reputation Evidence of Negative Good Repute SECTION 42. PART OF THE RES GESTAE Res gestae Similarly between Res Gestee and Dying Deciarations Types of Ros Gostao 7 Spontansous Statements Reequsites of Admissibity of Spontancous Statements: Reasons for Admissbilty 2 Verbal Acts Equivocal het guises ‘SECTION 43, ENTRIES IN THE COURSE OF BUSINESS. Requistes Reason for Admissbity Eniries inthe Ordinary Course of Business How regulany ofthe erties proved ‘SECTION 44, ENTRIES IN OFFICIAL RECORDS Reguistes Roasone for Admissibility SECTION 45. COMMERCIAL LISTS AND THE LIKE Foqusites Reasons for Admissilty ‘SECTION 46, LEARNED TREATISES Reasons for Admiseliy SECTION 47. TESTIMONY OR DEPOSITION ATA FORMER PROCEEDING Reequistes SUMMARY OF EXCEPTIONS TO THE HEARSAY RULE 405 409 OPINION RULE SECTION 48. OPINIGN RULE Opinion Reason for Admissibity ‘SECTION 49: OPINION OF EXPERT WITNESS. Expert Expert evidence How Quallfeations of an Expert Witness ls Estabished Basis of Expert Opinion Expert evionce is admissibie only Probative Value of Export Testimony Instances when qualfying an expert wilness may be dispensed with Forms of Question on Direct Examination of Exper Witness Hypothetical Question ‘Common Subjects of Expert Testimony ‘SECTION 50, OPINION OF ORDINARY WITNESS (Ordinary Opinion Evidence Exceptions Laying the Proper Basis or Predicate veexiv | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS,TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 pinion as to the Identity of a Person Ghinion as to the Handing of s Person Opinion a8 0 the Mental Santy or Insanely of @ Person 410 CHARACTER EVIDENCE ‘SEC. 51, CHARACTER EVIDENCE Character v Reputation ‘Good moral character Exceptions Criminal Cases Instances When the Good or Bad Moral Character af the Offended Party may be Offered ae Evidence Exceptions tothe Exception. Chil Cases ‘As toWinesses ‘Both Criminal and Civ roving Good or Bad Character of a Party ‘Some chil actions where the measure of compensation may be aflected by the plants charactec Person's character may be proved by 412 RULE 131: BURDEN OF PROOF AND PRESUMPTIONS .... SECTION 1. BURDEN OF PROOF (ONUS PROBANDI) Burden of Proof / Risk of Non-Persuasion Proof Burden of Evidence / Duty of going forward with evidence Erincumbt probatio qu ae no qui nogat Stage when burden of proof may be determined Test to determine where burden of proof lies, Upon wnem burian of proof rests Principe of Negative Averments PRESUMPTIONS. Definition Effect of Legal Presumption Upon (Classification of Presumptions Presumption Juris or Presumplions of Law Effect of a Presumption Prima facie Evidence (Presumptive Evidence) Pyramiding Presumption of Inference: SECTION 2. CONCLUSIVE PRESUMPTIONS. 1. Estoppelin pats Requistes as fo the Party to be Estopped Requisites as 10 the Party Claiming estoppel Leche 2. Estoppet by dood Two Points to Remember Inapplicabilty of the Second Kind of Estoppel ‘Other Type of Estoppel ‘SECTION DISPUTABLE PRESUMPTIONS Equipoise Rule or Equipondorance Doctrine ‘When presumption wil ot apply child to be of thetist mariage, Requistes SECTION 4, NO PRESUMPTION OF LEGITIMACY OR ILLEGITIMACY 420 RESENTATION OF EVIDENCE RULE 132: 420 A. EXAMINATION OF WITNESSES ‘Two-fold Object in Requicng a Witness to be Sworn SECTION 1 EXAMINATION TO BE DONE IN OPEN COURT Witnesses: ‘Submission of Judicial Afidavits and Exhibits in lieu of direct testimonies One-day Examination of Witness ule ‘Most important witness Rule Improper Questions Conational Examination of Witnesses In Criminal Cases SECTION 2 PROCEEDINGS TO BE RECORDED. SECTION 3. RIGHTS AND OBLIGATIONS OF AWITNESS, ‘Obligation of a witness. Privilege protects its holders only against the isk of eriinal liabilty Rights ora Witness Fight of a ultness tobe free from personal violence 2018 SAN BEDA, CENTRALIZED BAR OPERATIONS | 100%TABLE OF CONTENTS ; SAN BEDA MEMORY AID 2018 Examination of Witness by Trial Judge Right against Sellsncrmination of Witness Scope of the Priviege ‘Compusion Exception to Witness’ Right to Sat-ncrimination Classification of Immunity Statutes ‘Acts not covered by the prohibition against seltncrimination Waiver Waiver of Winess-Accused Right against seltincrmination of the accused as stinguished from that of an ordinary witness LUmiation fa witness is a party in a ell action Right Against Selt degradation Discretionary Control of Degrading Cross-Examination 424 WITNESS PROTECTION, SECURITY AND BENEFIT ACT: REPUBLIC ACT NO. 6981 who may be admited State Witness Sworn Statement Discharge of Accused to be a State Witness: Requisite for one tobe a state witness under RULE 119, Sec. 17 SECTION 4. ORDER IN THE EXAMINATION OF AN INDIVIDUAL WITNESS. ‘SECTION 5. DIRECT EXAMINATION Direct Examination Form of Questioning ‘ SECTION 6. CROSS- EXAMINATION Cross-evamination Purposes of Cross-examination Doctrine of ncompiete Testimony When to strike out for ack of cross-examination Effect of Death or Absence ofa Witnoss Urwaling oF Hostile Wiese. ‘SECTION 7. RE-DIRECT EXAMINATION SECTION &. RE-CROSS EXAMINATION SECTION 9, RECALLING WITNESS. SECTION 10. LEADING AND MISLEADING QUESTIONS ‘Leading Questions Excaptons Reason for alowing leading questions on cross-examinaion ‘ For exceptions Nos 3 and 4 Misleading Question Reasons SECTION 11. MPEACHMENT OF ADVERSE PARTY'S WITNESS, Ways of impeaching Adverse Party's Winess ‘Other Modas of impeachment asige from Sec. 17 Prior Convictons: Rehabiltaion of Witnesses SECTION 12, PARTY MAY NOT IMPEACH HIS OWN WITNESS. UUnwiling or Hostile witness or Witness Who is an Advarse Party SECTION 13. HOW WITNESS IMPEACHED BY EVIDENCE OF INCONSISTENT STATEMENTS, Roqusis Different Stages of the Process of Impeachment Laying of a Predicate. : Reasons for Laying the Predicate Etfact of Witness" Dental of Making Statement SECTION 14, EVIDENCE OF GOOD CHARACTER OF WITNESS. SECTION 15. EXCLUSION AND SEPARATION OF WITNESS, Persons Not Subject to tho Rule ‘SECTION 16. WHEN WITNESS MAY REFER TO MEMORANDUM Present Recollection Revved of Revival of Present Memory Past Recollection Recorded or Revival of Past Recollection, SECTION 17, WHEN PART OF TRANSACTION, WRITING OR RECORD GIVEN IN EVIDENCE, THE REMAINDER ADMISSIBLE Rule of Completeness or Rule of Inivsibity ‘The rule applies to confessions SECTION 78. RIGHT TO INSPECT WRITING SHOWN TO WITNESS B. AUTHENTICATION AND PROOF OF DOCUMENTS, ‘Authentication ‘ve Execution and Genwi Document ‘SECTION 19, CLASSES OF DOCUMENTS Pubie documenta Authentication of Private Documents (Cast Wi and Testament SECTION 20. PROOF OF PRIVATE DOCUMENT vous | 2016 SAN BEDA CENTRALIZED BAR OPERATIONS,TABLE OF CONTENTS SAN BEDA MEMORY AID 2O1B Seltauthentcating Documents SECTION 21. WHEN EVIDENCE OF AUTHENTICITY OF PRIVATE DOCUMENT NOT NECESSARY Requirements for Ancien! Document Rule Conditions of Custody ‘SECTION 22. HOW GENUINENESS OF HANDWRITING PROVED Methods of Authentication SECTION 23, PUBLIC DOCUMENTS AS EVIDENCE Prma Facie Evidence AllOther Pubic Documents ‘SECTION 24. PROOF OF OFFICIAL RECORD ‘SECTION 25. WHAT ATTESTATION OF COPY MUST STATE Foreign Documents Foreign Judgments ‘Authentication of Foreign Judicial Records SECTION 26 IRREMOVABILITY OF PUBLIC RECORD ‘SECTION 27. PUBLIC RECORD OF A PRIVATE DOCUMENT ‘SECTION 28. PROOF OF LACK OF RECORD ‘SECTION 29, HOW JUDICIAL RECORD IMPEACHED Esavinsie Fraud SECTION 30. PROOF OF NOTARIAL DOCUMENTS. Notariat Document SECTION 31. ALTERATIONS IN OOCUMENT, HOWTO EXPLAIN 435 ©. OFFER AND OBJECTION Presumption as to Author of Alteration Matera Alteration SECTION 92. SEAL SECTION 33. DOCUMENTARY EVIDENCE IN AN UNOFFICIAL LANGUAGE, SECTION 34. OFFER OF EVIDENCE Procedure Formal Offer of Evidence ‘When formal offer of evidence is NOT required Necessity of oer of evidence Why purpose of offer must be specified SECTION 35. WHEN TO MAKE OFFER Procedure before documentary and objact evidence can be considered by the Court ‘Stages inthe Presentation of Documentary Evidence SECTION 36. OBJECTION. Classiteation of Objections Requirements to Exclude Inadmissibie Evidence Reasons why an objection must be specific Waiver What does he waive Effect of cross-oxarninaton ‘SECTION 97. WHEN REPETITION OF OBJECTION UNNECESSARY Rule on Continuing Objections SECTION 38. RULING, Liberality in Admiting Evidence Effect of Ruling on Objections SECTION 39. STRIKING OUT ANSWER Modes of Excluding Inacmissibie Evidence ‘Time of making motions to stike SECTION 40, TENDER OF EXCLUDED EVIDENCE ‘Tender of Excluded Evidence or Offer of Proof or Profer of Evidence How made: "Porte que puedo valer“ Principle ‘An offer of proof may be made: Wen offer of proof not required Harmloes Error Rule RULE 133: SUFFICIENCY AND WEIGHT OF EVIDENCE ... Hierarchy of Evidentiny Valves: SECTION 7. PREPONDERANCE OF EVIDENCE Equiponderance of evidence (Equpoise rule) SECTION 2. PROOF BEYOND REASONABLE DOUBT Alb v. Denial Motive Out of Court identification alice Line-up Idertieation Res ipsa loquitur Croatbitty of Witnesses Rule on Partial Greatly FFafsus in uno, Fafsus in omnibus Rape Cases, 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xxvTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Rules on Crecibilty in Rape Cases ‘Swesthaart Theory Paraffin Tests Polyoraph Tests SECTION 3. EXTRAJUDICIAL CONFESSION, NOT SUFFICIENT GROUND FOR CONVICTION Confession Requisies Right to Counse! Corpus det SECTION 4. CIRCUMSTANTIAL EVIDENCE, WHEN SUFFICIENT Circumstantial evidence Ihis suffesent for conviction Reason for its Admission Posttve identifeation ‘The two types: SECTIONS. SUBSTANTIAL EVIDENCE Conchisivenass of Facts Exceptions [SECTION 6, POWER OF THE COURT TO STOP FURTHER EVIDENCE ‘SECTION 7, EVIDENCE ONMOTION 448 ANTI WIRE-TAPPING LAW: REPUBLIC ACT NO. 4200 Uniawl Acts | Beompled Acts Inacissiity Law ime to wiretapping device State Acton Suivellance of Suspects and Interception and Recording of Communications under the Human Securty Act of 2007 (RA. 2372) RULE ON EXAMINATION OF CHILD WITNESS (A.M. NO. 004 — 07 ~ SC, DECEMBER 15, 2000) .. Chie watnese Chid abuse Objectives: Best Interests of the Child Presumption of Competency ‘Compateney Examination Is the competency examination a final determination as tothe chile's competence Persons Aliowed at Competency Examination (Guardian ac item Interpreter Faeltator Suppor Person Examination of a Child Witness Powers and Duties ofthe Court Corroberation ode of Questioning A. Livedink TV Testimony of @ Child Witness ‘Winen applicable Period of Application ‘When application may be approved Preservation of chi testimony 1B. Sezoens, one-way miftors, and othor devices to shield child from accused f Goeenceepraaeieaacs rn eaten oun Ree taper obo nat recent co Recep arenas ere Reet ree arr se ec eer ee eee eee atesa ator ae ese eet ceyenes feetececen cena tore ers es ants 452 E ~ COMMERCE LAW: REPUBLIC ACT NO. 8792 .. Fequistes for the Aamissiilty of Electronic Document Burdon of Prost eve | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS,TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 RULES ON ELECTRONIC EVIDENCE: AM. NO. 01-7 ~01~SC, AUGUST 1, 2001 . 453 Re: Expansion of the Coverage ofthe Rul on Electronic Evidence Electronic documents as functional equivalent of paper-based dacuments Admiesbity Privileged Communication Electrone Data Message Electronic document Electronic Data Message vs. Electronic Document Best Evidence Rule Ongina! af an Electronic Document Copies as Equivalent of the Originals Facaimia Transmissions are not Electronic Documents Photocopies are Not Elecronie Documents Manner of Authentication ofan Electronic Docurment Electronically Notarized Document Electronic signature ‘Authentication of Electronic Signatures. Dispulable Presumptione in elation to Electronic Signature Digital signature Disputaoie Prosumptions relating to Digital Signatures ‘Business Records as Exception tothe Hearsay Rule Method of Proof Cross-examination ‘Audio, Video and Similar Evidence Ephemeral Eloctronie Communication RULE ON DNA EVIDENCE: A.M. NO. 06 ~ 11 - 5 SC, OCTOBER 15, 2007 ... as 455 Scope Deoxyribonucleic Acs (ONA) DNA evisence DNA analysis Biological sample DNA testing ‘Application for DNA Testing Order Postconviction ONA Testing Remedy i the results are favorable to the convict DNA Tasting Rosuits Guidelines Used by the Cours in Assessing the Probative Value of DNA, Possible Results of ONA Testing Confidentiality of DNA profes and resuits Preservation of DNA Evidence Right against eottncrimination not violated Not violative of ght against setnetrination No ex-post facto lw is involved in DNA testing ‘huciela Affcavat Rule RULE 72: SUBJECT MATTER AND APPLICABILITY OF GENERAL RULES . 459 Special Proceeding Nature of Special Proceesings SECTION 1, SUBJECT MATTER OF SPECIAL PROCEEDINGS. Speclal Proceedings in the Rules of Court Other Special Proceedings ‘SECTION 2. APPLICABILITY OF RULES OF CIVIL ACTIONS Cerifiation against forum shopping. Required Eames efforts betwaen family members to compromise not required Applicabilly of Rule 19 of ROC Intervention CUTLINE OF DISCUSSION OF SETTLEMENT OF ESTATE OF DECEASED PERSONS Substantive Basie Modes of Settemont of Estate of a Deceased Persor/Prosumed Dead Two Kinds of Setlement - 462 RULE 73: VENUE AND PROCESS ...... SECTION 1, WHERE ESTATE OF DECEASED PERSONS SE: Venue Jurisdiction Residence Rule of Preteren ‘When probate court acquires jrtsiction Preference, however, fs given in favar af the court where testate proceedings 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xxiTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 medi for Improproty of Venue Extent of Jurisdiction Probate court may admit a complaintin.intervention isisciton over questone of eo property xceptions ‘Other questions which the probate court can determine SECTION 2. WHERE THE ESTATE SETTLED UPON DISSOLUTION OF MARRIAGE SECTION 3. PROCESS. ‘SECTION 4. PRESUMPTION OF DEATH RULE 74: SUMMARY SETTLEMENT OF ESTATES ..... What is meant by summary settlement of estate? ‘SECTION 1. EXTRAJUDICIAL SETTLEMENT BY AGREEMENT BETWEEN HEIRS. Procedure in Extajudicial Setiement by Agreement betwaen/among Heirs Roquisites of Exrajudiial Settlement A Substantive & Procedural Affcavit of Self Adjudication Remedy of heirs in case of dlsagr2ement inthe settlement of the estate Public instrument not necessary for the valiily of an extrajudicial settement Person who had no knowledge or had not participated in te extrajudicial satement not Bound Purpose of Publication ofthe Settoment Disputable presumption that decedent left no debis SECTION? SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE Surnmary Setlament Requirements AS Substantive 8. _Procedural Procedure ia Summary Settioment of Estates of Small Valve ‘SECTION 3. SOND TO BE FILED BY DISTRIBUTES ‘SECTION 4, LIABILITY OF DISTRIBUTES AND ESTATE When settoment of estates inthe courts may be compelled Remedios of tho aggrieved partis after setlement ofthe estate Remedies of the Creditor ~fnotsatted within the two (2) year Period ‘SECTION 5. PERIOD FOR CLAIM OF MINOR OR INCAPACITATED PERSON RULE 75: PRODUCTION OF WILL; ALLOWANCE OF WILL NECESSARY o.ecccccesccsse-ss 468 [SECTION 1, ALLOWANCE NECESSARY. CONCLUSIVE AS TO EXECUTION Procedure in Judieal Settlement of Estate Nature of Probate Proceedings SECTION? CUSTODIAN OF WILL TO DELIVER. SECTION 3. EXECUTOR TO PRESENT WILL AND ACCEPT OR REFUSE TRUST ‘SECTION 4 CUSTODIAN AND EXECUTOR SUBJECT TO FINE FORNEGLECT SECTION 5. PERSON RETAINING WILL MAY BE COMMITTED See TO: RULE 76: ALLOWANCE OR DISALLOWANCE OF WILL . ‘SECTION 1. WHO MAY PETITION FOR THE ALLOWANCE OF WiLL. SECTION2. CONTENTS OF PETITION ‘Jrtscctional Requirements: Effect of tho probate of vt Soc. 1, Rule 76 cannot bo waived Extrinsic Vaisity is Determined Extrinsic Vay Exceptions: Phneiple of Practical Considerations Formal requisites of @ Notarial Wil Meaning of testamentary capacity? Due Execution Indications of Due Execution SECTION 3. COURT TO APPOINT TIME FOR PROVING WILL. NOTICE THEREOF TO BE PUBLISHED SECTION 4, HEIRS, DEVISEES, LEGATEES, AND EXECUTORS TO BE NOTIFIED BY MAIL OR PERSONALLY Persons to ba Notied ‘Modes of Notfeation SECTION 5. PROOF AT HEARING. WHAT SUFFICIENT IN ABSENCE OF CONTEST Evidence Required in Support ofa Wit Uncontested Wil SECTION 6. PROOF OF LOST OR DESTROYED WILL: CERTIFICATE THEREUPON Facts which should be proved i order thot a lst or destoyed wil may be alowed SECTION 7, PROOF WHEN WITNESSES DO NOT RESIDE IN PROVINCE. SECTION 8. PROOF WHEN WITNESSES ARE DEAD OR INSANE OR D0 NOT RESIDE IN THE PHILIPPINES SECTION 9: GROUNDS FOR DISALLOWING WILL Law governing forms of wis ‘SECTION 10. CONTESTANT TO FILE GROUNDS OF CONTEST x1 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Contestant mast SECTION 11. SUBSCRIBING WITNESSES PRODUCED OR ACCOUNTED FOR WHERE WILL CONTESTED. Evidence Required in Support of a Wil Contested Wil SECTION 12. PROOF WHERE TESTATOR PETITIONS FOR ALLOWANCE OF HOLOGRAPHIC WILL Surnmary of required Testimonies fr the Purpose of Probate SECTION 13. CERTIFICATE OF ALLOWANCE ATTACHED TO PROVE WILL. TO BE RECORDED IN THE OFFICE OF REGISTER OF DEEDS. Carticste of alowance — when issues {the Will devised Reo! Property RULE 77: ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND ADMINISTRATION OF ESTATE HEREUNDER ‘Allowance of a Will of a Foreigner SECTION 1, WILL PROVED OUTSIDE THE PHILIPPINES MAY BE ALLOWED HERE SECTION 2. NOTICE OF HEARING FOR ALLOWANCE. What shouid be fea Evidence to be presantod for the reprobate ofthe wil SECTION 3, WHEN WILL ALLOWED. AND EFFECT THEREOF SECTION 4. ESTATE, HOW ADMINISTERED Effects of Admission of a Foreign Wil ‘ncliary Administration RULE 78: LETTERS TESTAMENTARY AND OF ADMINISTRATION, WHEN AND TO WHOM. ISSUED 477 Letters Testamentary Latiers of Administration ‘Who can administer tre estate Executor and Adminisator, Distinguished SECTION 1. WHO ARE INCOMPETENT TO SERVE AS EXECUTORS OR ADMINISTRATORS, SECTION 2. EXECUTOR OF EXECUTOR NOT TO ADMINISTER ESTATE SECTIONS. MARRIED WOMEN MAY SERVE. SECTION 4, LETTERS TESTAMENTARY ISSUED WHEN WILL ALLOWED ‘SECTION 5, WHERE SOME CO-EXECUTORS DISQUALIFIED, OTHERS MAY ACT SECTION 6, WHEN AND TO WHOM LETTERS OF ADMINISTRATION GRANTED Grder of preference In granting Letters of Administration Preference of surviving spouse not absolute Rule on seting aside the order of preference Duty of courtin an application fr letters of administration invoking preference of appointment Appointment of Co-agminisratore ‘Seope or Limits of Asministration RULE 79: OPPOSING ISSUANCE OF LETTERS TESTAMENTARY, 475 PETITION AND CONTEST FOR LETTERS OF ADMINISTRATION ... .. 480 ‘SEGTION 1, OPPOSITION TO ISSUANCE OF LETTERS TESTAMENTARY. SIMULTANEOUS PETITION FOR ADMINISTRATION Meaning of interested Person Minor ean oppose appointment SECTION 2 CONTENTS OF A PETITION FOR LETTERS OF ADMINISTRATION SECTION 3. COURT TO SET TIME FOR HEARING, NOTICE THEREOF. Duty of court ater the fing ofa petition for he issuance of laters of administration Publeation and notice is jurisdictional SECTION 4, OPPOSITION TO PETITION FOR ADMINISTRATION SECTION 5. HEARING AND ORDER FOR LETTERS TO ISSUE SECTION 6. WHENLETTERS OF ADMINISTRATION GRANTED TO ANY APPLICANT 482 RULE 80: SPECIAL ADMINISTRATOR .. SECTION 1, APPOINTMENT OF SPECIAL ADMINISTRATOR | Nature of a Special Administrator Effect of the appointment of special administrator ‘Acspacial administrator salt be appointed when: ‘Order of Appointment (Discretionary) Requirement of Notice and Publication Indispensable ‘SECTION 2. POWERS AND DUTIES OF SPECIAL ADMINISTRATOR Bond of the special aaministrator Conditions of the bond ofthe special administrator ‘Actions against the special aaminstrator ‘SECTION 3, WHEN POWERS OF SPECIAL ADMINISTRATOR CEASE, TRANSFER OF EFFECTS: PENDING SUITS Cessation of power of spacial administrator Duty of the spocil acminstator ater his powers have ceased Romedy against the eppomtment of speci! administrator (Only one special administrator may be appointed for an estate 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xTABLE OF CONTENTS ; SAN BEDA MEMORY AID 2018 . 484 RULE 81: BONDS OF EXECUTORS AND ADMINISTRATORS SECTION 1. GOND TO BE GIVEN BEFORE ISSUANCE OF LETTERS. AMOUNT. CONDITIONS ‘When bona is tes Gonstions ofthe Bonds ‘Surely ofthe bond is Table with the administrator Administvator’s Bond ~ Statutory Bond Bond a8 2 Continuing Labity SECTION 2 BOND OF EXECUTOR WHERE DIRECTED IN WILL. WHEN FURTHER BOND REQUIRED ‘SECTION 3. SONDS OF JOINT EXECUTORS ANO ADMINISTRATORS. SECTION 4. BOND OF SPECIAL ADMINISTRATOR RULE 84: GENERAL POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS. - 485 Powers and Duties ofthe EXECAD of the Estate No Necossily of Leave of Court in Exercise of Powers bigatons of Surviving Partoris, Some Restictons on the Power of an Administrator or Executor Ineldonts in is duty as administrator Ineidents on duty of dstnbution RULE 83: INVENTORY AND APPRAISAL; PROVISION FOR SUPPORT OF FAMILY . Purpose of inventory [SECTION 1. INVENTORY AND APPRAISAL TOBE RETURNED WITHIN THREE (3) MONTHS ‘Threo:Month Period NOT Mandatory . Significance of Approval ofan inventory Nature of the Inclusion of Property in te Inventory SECTION 2, CERTAIN ARTICLES NOT TOBE INVENTORIED [SECTION 3. ALLOWANCE TO WIDOW ANO FAMILY Persons ented to allowance during proceedings Nature of Alowances RULE 85: ACCOUNTABILITY AND COMPENSATION OF EXECUTORS AND ADMINISTRATORS ‘SECTION 1. EXECUTOR OR ADMINISTRATOR CHARGEABLE WITH ALL ESTATE AND INCOME SECTION 2: NOT TO PROFIT BY INCREASE OR LOSE BY DECREASE IN VALUE Itthere is excess I tee is tose : ithe claim seas settled ‘SECTION 3 WHEN NOT ACCOUNTABLE FOR OEBTS DUE ESTATE SECTION 4, ACCOUNTABLE FOR INCOME FROM REALTY USED BY HIM SECTIONS. ACCOUNTABLE IF HE NEGLECTS OR DELAYS TO RAISE OR PAY MONEY ‘When EXECAD is accountable for damages and lable on his bond SECTION § WHEN ALLOWED MONEY PAID AS COSTS. SECTION 7. WHAT EXPENSES AND FEES ALLOWED EXECUTOR OR ADMINISTRATOR: NOT TO CHARGE FOR SERVICES AS. ATTORNEY; COMPENSATION PROVIDED BY WILL CONTROLS UNLESS RENOUNCED Fight to Necessary Expenses Not considered a Necoeeary Expenses ‘Compensation! there ie no provieon in the wil Attomey’s Foes EXECAD pays the attomey’s feos [Nature of fe ofthe aftornay of an EXECAD Provodire for collection of Altornay's Foes . SECTION. WHEN EXECUTOR OR ADMINISTRATOR TO RENDER ACCOUNT NNon-Waiver of Duy to Render Account ‘SECTION 9, EXAMINATIONS ON OATH WITH RESPECT TO ACCOUNT Examination may ba dispensed with when: SECTION 10, ACCOUNT TO BE SETTLED ON NOTICE SECTION 11, SURETY ON BOND MAY BE PARTY TO ACCOUNTING Summary of Accountabilios of an EXECAD RULE 82: REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION AND REMOVAL OF EXECUTORS AND ADMINISTRATORS . 490 SECTION 1, ADMINISTRATION REVOKED IF WILL DISCOVERED WHEN FURTHER BOND REQUIRED Revocation of Leters of Administration Effects ofthe revocation . First Court ~Intastata; Second Court ~ Testat Wil dicoverod; Probate proceeding shall replace Intestate Proceeding: SECTION 2 COURT MAY REMOVE OR ACCEPT RESIGNATION OF EXECUTOR OR ADMINISTRATOR. PROCEEDINGS UPON DEATH, RESIGNATION, OR REMOVAL, Dogree of Care expected of Administrator Grounds for Removal of EXECAD ‘Acton of tre Court 486 . 487 val | 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 When an EXECAD dies, resign, ors removed ‘Noture of Admanvsirator’s Poston (ther Vata Grounds for Removal of an Administrator Discretion in Removal of Administrator Geder of Removal appealable SECTION 3 ACTS BEFORE REVOCATION, RESIGNATION, OR REMOVAL TOBE VALID ‘SECTION 4 POWERS OF NEW EXECUTOR OR ADMINISTRATOR RENEWAL OF LICENSE TO SELL REAL ESTATE Powers ofthe new EXEGAD Renewal of Authority to Sel RULE 86: CLAIMS AGAINST ESTATE .. ‘SECTION 1. NOTICE TO CREDITORS TO 6E ISSUED BY COURT Where to fe dams: Purpose of presentation of claims against the estate: Only money claims may be flea Claims arising after the death ofthe decedent which can be presented against the estate: SECTION 2 TIME WITHIN WHICH CLAIMS SHALL BE FILED When to fle claims TTarey Claims ‘Stats of Non-Claims Period to fle claims ts mandatory When Statute of Non-caims prevails over Statute of Limitations Examples of Late Fling, When Allowed Prosentation of money claim may be waived (Walver of Statute of Non-claims) ‘SECTION 3, PUBLICATION OF NOTICE TOCREDITORS. Duties ofthe Executor Poblcation i constructive noice SECTION 4. FILING COPY OF PRINTED NOTICE. Duties of the Exocuter/Administratr upon Publication of Notice: SECTION 5. CLAIMS WHICH MUST BE FILED UNOER NOTICE. IF NOT FILED, BARRED; EXCEPTIONS. Claims whien must be fled under the Statute of Non claims ‘Absolete Claim Centagent Cian Datcioney Judgrnont Claims for unpals taxes not inctuded in money clans Claim vinich is extinguished dstingushed from action which does not survive Erect of decedent's death during an action for sum of money, Wri of Execution not proper en Final Judgment Had Been Rencored: SECTION 6, SOLIDARY OBLIGATION OF DECEDENT Joint sbligation of decedent SECTION 7. MORTGAGE DEBT DUE FROM ESTATE Remedies ofthe mortgages incase of death of tha mongagor, Alterative Remedies: Right of Redemption ‘SECTION 8, CLAIM OF EXECUTOR OR ADMINISTRATOR AGAINST AN ESTATE ‘Anporniment of Special Administrator Duties of Special Administrator ‘SECTION 9. HOW TO FILE ACLAIM. CONTENTS THEREOF, NOTICE TO EXECUTOR OR ADMINISTRATOR, How tote a clan ‘Contents of the claim: ‘SECTION 10, ANSWER OF EXECUTOR OR ADMINISTRATOR, OFFSETS SECTION 11. DISPOSITION OF ADMITTED CLAIM SECTION 12 TRIAL OF CONTESTED CLAIM ‘SECTION 13. JUOGMENT APPEALABLE, ‘SECTION 14, COSTS Claims against the Estate Flowchart RULE 87: ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS ........... 498 SECTION 1, ACTIONS WHICH MAY AND WHICH MAY NOT BE BROUGHT AGAINST EXECUTOR AND ADMINISTRATOR SECTION 2’ EXECUTOR OR ADMINISTRATOR MAY BRING OR DEFEND ACTIONS WHICH SURVIVE ‘Actions that sunive the decedent's doa ‘Actions which may be brought by the EXECAD. ‘SECTION'3. HEIR MAY NOT SUE UNTIL SHARE ASSIGNED Remedy of has f EXECAD is urwrling of refuses to bring suk SECTION 4. EXECUTOR OR ADMINISTRATOR MAY COMPOUND WITH DEBTOR SECTION 8, MORTGAGE OUE ESTATE MAY BE FORECLOSED. SECTION 6, PROCEEDINGS WHEN PROPERTY CONCEALED, EMBEZZLEO, OR FRAUDULENTLY CONVEYED “Two situatons contemplated under Sec. 6 SECTION 7. PERSON ENTRUSTED WITH ESTATE COMPELLED TO RENDER ACCOUNT Powers ofthe court with respoct to any person who is entrusted with he estate of a deceased person Effect of Refusal of such person ‘SECTION 8. EMBEZZLEMENT BEFORE LETTERS ISSUED Double Value Rue SECTION "9. PROPERTY FRAUDULENTLY CONVEYED BY DECEASED MAY GE RECOVERED. WHEN EXECUTOR OR AOMINISTRATOR MUST BRING ACTION. : 492 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 When EXECAD may recover properties or rights rauduienly deposed of bythe decadent forthe benefit of editors EXECAD not bound to commence action SECTION 10. WHEN CREDITOR MAY BRING ACTION. LIEN FOR COSTS. Rlequisites belore creditors may fle acton RULE 88: PAYMENT OF THE DEBTS OF THE ESTATE SECTION 1. DEBTS PAIDIN FULL IF ESTATE SUFFICIENT Requistes before the EXECAD may pay the money claims against the estate Reason wny execution is NOT a proper remedy to Sausty an approved claim SECTION 2. PART OF ESTATE FROM WHICH DEBT PAID WHEN PROVISION MADE BY WILL Effect provision made by the wil or the estate appropriated not sufficient ‘SECTION 3. PERSONALTY FIRST CHARGEABLE FOR DEBTS, THEN REALTY {Instances when Really can be Charged First Reequistes ‘SECTION 4, ESTATE TO BE RETAINED TO MEET CONTINGENT CLAIMS ifthe cout is satisfied thatthe contingant claim duty fled is val ‘SECTION 5. HOW CONTINGENT CLAIM BECOMING ABSOLUTE IN TWO YEARS ALLOWED AND PAID ‘Action against Distrbutees ‘General everview of payment of contingant clan SECTION 6. COURT TOFiX CONTRIBUTIVE SHARES WHERE DEVISEES, LEGATEES, OR HEIRS HAVE BEEW IN POSSESSION In such acase, the cour, afler hearing, may Remedy of execution NOT available in favor ofa creditor against the estate of the decedent ‘When may execution lesue SECTION 7. ORDER OF PAYMENT IF ESTATE INSOLVENT ‘SECTIONS. DIVIDENDS TO BE PAID IN PROPORTION TO CLAIMS ‘SECTION 9. ESTATE OF INSOLVENT NON-RESIDENT, HOW DISPOSED OF SECTION 10. WHEN AND HOW CLAIM PROVED OUTSIDE THE PHILIPPINES AGAINST INSOLVENT RESIDENT'S ESTATE PAID ‘ation of the Court Principle of Reciprecty SECTION 11. ORDER FOR PAYMENT OF DEBTS SECTION 12. ORDERS RELATING TO PAYMENT OF DEBTS WHERE APPEAL IS TAKEN [SECTION 13. WHEN SUBSEQUENT DISTRIBUTION OF ASSETS ORDERED Instances when the court may make futher orders forthe astnbution of tho assets: SECTION 14. CREDITORS TO BE PAID IN ACCORDANCE WITH TERMS OF ORDER. SECTION 15. TIME FOR PAYING DEBTS AND LEGACIES FIXED, OR EXTENDED AFTER NOTICE, WITHIN WHAT PERIODS ‘Time for Payment SECTION 16. SUCCESSOR OF DEAD EXECUTOR OR ADMINISTRATOR MAY HAVE TIME EXTENDED ON NOTICE WITHIN CERTAIN, PERIOD ‘Summary of rules on payment of debis ofthe estate by the decedent RULE 89: SALES, MORTGAGES, AND OTHER ENCUMBRANCES OF PROPERTY OF DECEDENT ........... SECTION 1. ORDER OF SALE OF PERSONALTY Notice fs mandatory SECTION 2. WHEN COURT MAY AUTHORIZE SALE, MORTGAGE, OR OTHER ENCUMBRANCE OF REALTY TO PAY DEBTS AND LEGACIES THOUGH PERSONAL TY NOT EXHAUSTED. SECTION 3, PERSONS INTERESTED MAY PREVENT SUCH SALE, ETC,, BY GIVING BOND, Conditions of bond ‘SECTION 4. WHEN COURT MAY AUTHORIZE SALE OF ESTATE AS BENEFICIAL TO INTERESTED PERSONS, DISPOSAL OF PROCEEDS SECTION 5, WHEN COURT MAY AUTHORIZE SALE, MORTGAGE, OR OTHER ENCUMBRANCE OF ESTATE TO PAY DEBTS AND LEGACIES IN OTHER COUNTRIES. SECTION 6. WHEN COURT MAY AUTHORIZE SALE, MORTGAGE, OR OTHER ENCUMBRANCE OF REALTY ACQUIRED ON EXECUTION OR FORECLOSURE SECTION. REGULATIONS FOR GRANTING AUTHORITY TO SELL, MORTGAGE, OR OTHERWISE ENCUMBER ESTATE Application for authorly to sell, merigage, or encumber propery ofthe estate may be denied by the cour It SECTION 8, WHEN COURT MAY AUTHORIZE CONVEYANCE OF REALTY WHICH DECEASED CONTRACTED TO CONVEY. NOTICE EFFECT OF DEED When Executor shal execute the Deed ‘When Gierk of Court shall execute the Dees Instances when no such conveyance shall be authorized ‘SECTIONS. WHEN COURT MAY AUTHORIZE CONVEYANCE OF LANDS WHICH DECEASED HELD IN TRUST esse 500 -- 804 507 RULE 90: DISTRIBUTION AND PARTITION OF THE ESTATE ......-..-0000-- SECTION 1. WHEN ORDER FOR DISTRIBUTION OF RESIDUE MADE ‘When the reslue ofthe estate may be assigned to the persons entitled tothe same Distribution only made after payment of obligations, Exception ‘Two Requsites Belore Distibution of Estate ‘The cout shal have the following power inthe dstbution and partition ofthe estate: Deciaration of Hei (Order deciorng the heirs and/or their shar \Wmen tho probate court lowes predtion Instances included nthe propar exercise ofthe probate court to make a declaration of hers Conations precedent to be complid with forthe issuance of an order of tribution re appealable xl | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS,TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Prohibition agains! Interference by Other Courts Remedies ofan heir entitled to the residue ofthe estate but not given his share: Power to lssue Wat of Possession SECTION 2. QUESTIONS AS TO ADVANCEMENT TO BE DETERMINED ‘To whom the fnal order is binding SECTION 3. BY WHOM EXPENSES OF PARTITION PAID By whom expenses of partition pa SECTION 4 RECORDING THE ORDER OF PARTITION OF ESTATE. Project of partition Effect ofa final decree of distribution When i ttle vested Final decree of distrbution is appealable Probate proceedings nat tenrinated by finaly ofthe approval ofthe project of partion Closure (When fs Order of Closure fesued Grae of closure appeatable RULE 91: ESCHEATS ‘SECTION 1. WHEN AND BY WHOM PETITION FILED Principle behind Escheat Proceedings Nature of Escheat Proceedings Basis of he State's Aight to receive property in Escheat ‘Three instances of Eseheats ‘When escheat ls proper Foqutstes fo ling oF petition: Eecheat Proceedings Cannot Ge Converted nto Setiement of Estate ‘Wen escheat proceeding Is proper even i the decedent died testate Paros in an escheat proceeding Real Party in intrest in Eacheat Proceedings Where to fie ‘SECTION 2, ORDER FOR HEARING ‘Remedy of Respondent pation does nat show that petition is entitled fo remedy prayed for SECTION. HEARING AND JUDGMENT Requisites before judgment of escheat is issued Evidence Roguifed in escheat Proceedings ‘Towhom the property excheated wil be seeigned: Benefcaries ofthe asiate escheated ‘SECTION 4, WHEN AND BY WHOM CLAIM TO ESTATE FILEO ‘Who may file a claim on the escheated property ‘A doriog, not an het can asser his ight over an escheated property Whento fe ‘Trial court cannot convert an escheat proceeding into an ordinary special proceesting GENERAL GUARDIANS AND GUARDIANSHIP .. Governing Law Guardianship Basis of guardianship Purpose: Guaratan Kinds of Guardians ‘Courts win jurisdiction veo 514 RULE 92: VENUE .... SECTION 1. WHERE TO INSTITUTE PROCEEDINGS SECTION 2, MEANING OF THE WORD “INCOMPETENT Incompetent person under guardianship as distinguished from incompetent EXECAD ‘SECTION 2. TRANSFER OF VENUE ‘Guardianship court has no jurladicton to settle the controversy as to who has a beter right or tile to properties conveyed in the course of ‘guardianship proceedings. RULE 93: APPOINTMENT OF GUARDIANS .. SECTION 1, WHO MAY PETITION FOR APPOINTMENT OF GUARDIAN FOR RESIDENT Who may fle Prohibited a= Guardians Factors considered in appointing a guardian Incompetent guardian may be removed SECTION 2. CONTENTS OF PETITION Juriscietional Requirements SECTION 2. COURT TO SET TIME FOR HEARING. NOTICE THEREOF ‘To whom notice served Notice upon miner above 14 years i jurisdictional SECTION 4, OPPOSITION TO PETITION soo 514 2016 SAN BEDA CENTRALIZED BAR OPERATIONS | xivTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 SECTION 5. HEARING AND ORDER FOR LETTERS TO ISSUE ‘Atthe hearing ‘SECTION 6. WHEN AND HOW GUARDIAN FOR NON-RESIDENT APPOINTED, NOTICE Who may fle Manner f Giving Note ‘nelary Guardianship ‘SECTION 7. PARENTS AS GUARDIANS “Provision modified by Famiy Code PParonts as ipso facto guardian of their minor children SECTIONS: SERVICE OF JUDGMENT Procedure for Appointment of Guardian RULE 94: BONDS OF GUARDIANS .... SECTION 1, BOND TO BE GIVEN BEFORE ISSUANCE OF LETTERS. AM Conations Purpose of the bond Necessity ofthe bond ‘Time when bond takes effact SECTION 2, WHEN NEW BOND MAY BE REQUIRED AND OLD SURETIES DISCHARGED. New bond may be requred when the Court deems & nacessary SECTION 3 BONDS TOBE FILED. ACTIONS THEREON Where to File Nature ofthe Bond RULE 95: SELLING AND ENCUMBERING PROPERTY OF WARD ... - 818 SECTION?, PETITION OF GUARDIAN FOR LEAVE TO SELL OR ENCUMBER ESTATE Grounds slursdetional Requirements : Status of he Sate Without Authorty SECTION 2. ORDER TO SHOW CAUSE THEREUPON [Notice is jurisdictional Exception SECTION 3. HEARING ON RETURN OF ORDER. COSTS SECTION 8, CONTENTS OF ORDER FOR SALE OR ENCUMBRANCE, AND HOW LONG EFFECTIVE Content of order Requirement of ational bond Duration ofthe Order of Sale and Encumbrance of Property Presumption that ward has sufficient income Remedy from the Order of Sale SECTIONS. COURT MAY ORDER INVESTMENT OF PROCEEDS AND DIRECT MANAGEMENT OF ESTATE RULE 96: GENERAL POWERS AND DUTIES OF GUARDIANS ........... ee 10: Authority of guaraian General Powers and Duties of Guarcians. Guardian carrot make a sonation of war's property SECTION 1. TO WHAT GUARDIANSHIP SHALL EXTEND ‘SECTION 2: GUARDIAN TO PAY DEBTS OF WARD Order of ability of wards property SECTION 3. GUARDIAN TO SETTLE ACCOUNTS, COLLECT DESTS AND APPEAR IN ACTIONS FOR WARD. SECTION 4. ESTATE TO BE MANAGED FRUGALLY AND PROCEEDS APPLIED TO MAINTENANCE OF WARD Power ofthe parentiogal guardian over the property of the minor requires judicial power Power ofthe parenta/guardian to repudiate nneritance requires judicial approval Degree of Care SECTION 5. GUARDIAN MAY BE AUTHORIZED TO JOIN IN PARTITION PROCEEDINGS AFTER HEARING Requisites SECTION 6, PROCEEDING WHEN PERSON SUSPECTED OF EMBEZZLING OR CONCEALING PROPERTY OF WARD. CGuaraianship coun cannot generaly order the delivery of embezzled, concealed, or conveyed property ofthe ward Purpose SECTION 7. INVENTORIES AND ACCOUNTS OF GUARDIANS, AND APPRAISEMENT OF ESTATE Period te render account Invontory and account must be sworn to Estate of ward must Be appraised Proceedings and period fer inventory and appraisal of dscovered or subsequently acquired property ofthe ward SECTIONS WHEN GUARDIAN'S ACCOUNTS PRESENTED FOR SETTLEMENT, EXPENSES ANO COMPENSATION ALLOWED ssseessnsssees 522 RULE 97: TERMINATION OF GUARDIANSHIP SECTION 1, PETITION THAT COMPETENCY OF WARD BE ADJUOGED, ANO PROCEEDINGS THEREUPON. Where ta fe Grounds for Termination Wine. ‘may oppose, SECTION? WHEN GUARDIAN REMOVED OR ALLOWED TO RESIGN. NEW APPOINTMENT Grounds for Removal of Guardian Remedy of the Guardian xvi | 2OLS SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘Special Disqualiicaons, SECTION 3 OTHER TERMINATION OF GUARDIANSHIP. SECTION &. RECORD TO BE KEPT By JUSTICE OF THE PEACE OR MUNICIPAL JUDGE SECTION 6, SERVICE OF JUDGMENT Distinguish Rules on Estate Proceedings and Guardianship Flowchart: Guardianship for incompetents who are not mings RULE ON GUARDIANSHIP OF MINORS (A.M. NO. 03-02-05-SC, EFFECTIVE MAY 1, 2003) Diference between SCAM. No, 03-02-06 and the Rules on Guardianship of Rules of Court Effect ofthe rule TTonder-Age Presumption How to Overcome the Presumption Unsuitabity of the Mothor SECTION 1, APPLICABILITY OF THE RULE Minor chien SECTION 2 WHO MAY PETITION FOR APPOINTMENT OF GUARDIAN (M14-ROSS) SECTION 3, WHERE TO FILE PETITION ‘SECTION 4 GROUNDS OF PETITION SECTION 5. QUALIFICATIONS OF GUARDIANS SECTION 6, WHO MAY BE APPOINTED GUARDIAN OF THE PERSON OR PROPERTY, OR BOTH. OF AMINOR SECTION 7. CONTENTS OF PETITION Form of the petition Contents ‘SECTION @, TIME AND NOTICE OF HEARING SECTION 9, CASE STUDY REPORT SECTION 10. OPPOSITION TO PETITION Grounds for Gppesiion Contents of Opposition tothe Petition SECTION 11, HEARING AND ORDER FOR LETTERS To ISSUE SECTION 12: WHEN AND HOW A GUARDIAN OF THE PROPERTY FOR NON-RESIDENT MINOR IS APPOINTED: NOTICE ‘SECTION 14. BOND OF GUARDIAN; AMOUNT AND CONDITIONS. SECTION 16. SOND OF PARENTS AS GUARDIAN OF THE PROPERTY OF THE MINOR Venue offing of pettion for approval of bonds Peition as summary proceeding Extont of power to administer by parents as natural guardian ofthe minor SECTION 17. GENERAL DUTIES OF GUARDIAN SECTION 19. PETITION TO SELL OR ENCUMBER PROPERTY Grounds SECTION 20. ORDER TO SHOW CAUSE SECTION 21. HEARING ON RETURN OF ORDER; COSTS: SECTION 22, CONTENTS OF ORDER FOR SALE OR ENGUMBRANCE AND ITS DURATION: BOND. ‘SECTION 25. COURT MAY ORDER INVESTMENT OF PROCEEDS AND DIRECT MANAGEMENT OF PROPERTY ‘SECTION 28, GROUNDS FOR REMOVAL OR RESIGNATION OF GUARDIAN When the guarsian ‘SECTION 26. GROUNDS FOR TERMINATION OF GUARDIANSHIP RULE 98: TRUSTEES .... . ‘Procedure for Appointment of Trustees under Rule 68 Concept of Trust Who fea tustoe SECTION 1, WHERE TRUSTEE APPOINTED ‘Atrustee is necessary to cary into effect Kinds of Taste Nature of Possession by Trustee ‘To constitute adverse possession, the folowing requisites must concur: SECTION2. APPOINTMENT AND POWERS OF TRUSTEE UNDER WILL, EXECUTOR OF FORMER TRUSTEE NEED NOT ADMINISTER Rust \Whan a new trustee appointed Extent of Powers. SECTION 3. APPOINTMENT AND POWERS OF NEW TRUSTEE UNDER A WRITTEN INSTRUMENT Wien a new trustee is appointed Extent of Powers SECTION 4 PROCEEDINGS WHERE TRUSTEE APPOINTED ABROAD SECTIONS, TRUSTEE MUST FILE BOND SECTION 6, CONDITIONS INCLUDED IN BOND SECTION 7, APPRAISAL. COMPENSATION OF TRUSTEE, Factors Affecting Trustee's Compensation Reimbursement of Trustee for Expansae SECTION 8. REMOVAL OR RESIGNATION OF TRUSTEE, Roquistes ‘who may petton Rosignation of Trustes Extont of Trustee's Authority [SECTION 9. PROCEEDINGS FOR SALE OR ENCUMBRANCE OF TRUST ESTATE. 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xviTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Difference Between Accounts rendered by the Trustees and those rendered by Administrators or Executors 535 ADOPTION ... i Preliminary Considerations ‘Adoption ‘Coneept of Adoption Nature of Adoption Purpose of Adoption Effects of Adoption May an ilegtimate chid, upon adoption by her natural father, use the surname of her natural mether as her midale name? Construction of Adoption Statutes ‘Subsequent Laws RULES ON DOMESTIC ADOPTION (SECS. 1-25, A.M. NO. 02-6-02) Procedure for Domestic Adoption under AIM, No, 02-6-02-SC. SECTION 4. WHO MAY ADOPT Foreign Adoptee does net Automatically Acquire Citizenship sont Adoption of Spouses. SECTION 5. WHO MAY BE ADOPTED “A chid logaly availabe for adopbon" Two Ways to Commit a Chic SECTION 6. VENUE SECTION 7. CONTENTS OF THE PETITION eition for adoption not limited to questions of adoption only Al petitions shall allege the jurisdictional facts Contents of the Petkion Depending on the Circumstances Under Sec. 9, the petition shal also alege ‘Abandoned Chis ‘Abandonment Dependent cha Nogiocted Child SECTION 8. RECTIFICATION OF SIMULATED BIRTH SECTION 9. ADOPTION OF A FOUNDLING, AN ABANDONED, DEPENDENT OR NEGLECTED CHILD SECTION 10. CHANGE OF NAME SECTION 11. ANNEXES TO THE PETITION Parental consort requted by law in adoption refers to parents who have not abandoned ther chil ‘SECTIONS 12-16. PROCEOURE CContonts ofthe Adoption Dacros ‘SECTION 17, BOOK OF ADOPTIONS SEGTION 18. CONFIDENTIAL NATURE OF PROCEEDINGS AND RECORDS . 536 INTER-COUNTRY ADOPTION: (R.A. NO. 8043 ~ INTER-COUNTRY ADOPTION ACT OF 1995; AND AMENDED IMPLEMENTING RULES AND REGULATIONS OF INTER-COUNTRY ADOPTION) 543 Intor-country Acoptior Were to fle petition Composition ofthe Inter-Country Adoption Beara ‘Who may asopt Quatfieations Who may be adopted ‘Applizants Supporting Documents ‘Adoption under Foreign Law Best Interest of the Minor Standard 545 RESCISSION OF ADOPTION . SECTION 19, RESCISSION OF ADOPTION OF THE ADOPTEE Form of petition who may fle Grounds for Rescision ‘SECTION 20, VENUE SECTION 21, TIME WITHIN WHICH TO FILE PETITION Incase the adopee i capoctates In case the adoptee ist SECTION 22, OROER TO ANSWER Erects of Judgment of Rescision ‘Agreement between the Adopler and Adopted Catateral Attack on the Vaelity of Adoption ‘SECTION 28, SERVICE OF JUDGMENT Rules on Venue, Summary RULE 101: PROCEEDINGS FOR HOSPITALIZATION OF INSANE PERSONS “Two Ways of Commitment 846 Xi | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS,TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Aopleaton ofthe Rute Procedure forte Hospitalization of Insane Persons SECTION 1 VENUE BETTION Son COMMITMENT SECTION 2. ORDER FOR HEARING Fito the naane person onstios ans hearing SeCrioN HEARING AND JUDGMENT Est of the sane pron SECTION 4, DISCHARGE OF INSANE ‘Wen may 2 peson commited to a hoop be discharged SECTIONS ASSISTANCE OF FISCAL IV THE PROGEEOING RULE 102: HABEAS CORPUS . ‘Wi of Habeas Corpus Distinguish between prakiminary citation and peremptory wet af habeas corpus Diference between Wt of Habeas Corpus trom Privioge of Wit of Habeas Corus Procedure for he issuance ofthe Wat of Habeas Corpus under Rule 102 SECTION 1. TOWHAT HABEAS CORPUS EXTENDS Function of Habeas Corpus Nature of the Petton: ‘Whether the petition forthe wii of habeas corpus may be propery fled together with the pation for certiorari and manda Grounds for Suspension ofthe Privilege ofthe Wei of Habeas Corpus under the Consblation ‘The wrt may be availed of ag = consequence of a judieal prooseding, such asthe flowing, When petition for habeas corpus NOT proper In Cooes of llega! Confinement of Detention Voluntary Restraint SECTION 2, WHO MAY GRANT THE WRIT Hierarchy of cours is not observed Scope of Efectviy Junction in Cases of Habeas Corpus with respect to Custody of Minors SECTION 5. REQUISITES FOR APPLICATION THEREFOR Whe may apply ‘The signed verfied petition must set forth SECTION 4 WHEN WRIT NOT ALLOWED OR DISCHARGE AUTHORIZED Supervening events may bar release SECTION 5. WHEN WRIT MUST BE GRANTED AND ISSUED Procadure for Grant of Writ, Exceptions on Cacos When a Viewe of Habeas Corpus May Be Issued Even ifthe Detention Is by Virtue of @ Judgment SECTION 6. TO WHOM WRIT DIRECTED. AND WHAT TO REQUIRE SECTION 7. HOW PRISONER DESIGNATED AND WRIT SERVED How service is mage SECTION 8, HOW WRIT EXECUTED ANO RETURNED. Duties of the Officer SECTION. DEFECT OF FORM [No writ can be disobeyed for defec of form iit sufciently states: SECTION 10, CONTENTS OF RETURN SECTION 11. RETURN TO BE SIGNED AND SWORN TO SECTION 12, HEARING ON RETURN, ADJOURNMENTS ‘SECTION 13. WHEN THE RETURN EVIDENCE, AND WHEN ONLY APLEA. ‘SECTION 14, WHEN PERSON LAWFULLY IMPRISONED RECOMMITTED, AND WHEN LET TO BAIL Person Detained is Duly Charged - No Wat, Recommitment or Bail; When Allowed SECTION 15. WHEN PRISONER DISCHARGED IF NO APPEAL SECTION 16, PENALTY FOR REFUSING TO ISSUE WRIT, OR FOR DISOBEYING THE SAME Punighable Acts or Omissions ‘SECTION 17, PERSON DISCHARGED NOT TOBE AGAIN IMPRISONED ‘Wether the Stale can reserve the power to re-arest a person for an offense after a court of competent jurisdiction has absolved him ofthe cffense SECTION 18, WHEN PRISONER MAY BE REMOVED FROMONE CUSTODY TO ANOTHER ‘SECTION 19. RECORD OF WRIT, FEES AND COSTS RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS IN RELATION TO THE CUSTODY OF MINORS (A.M. NO. 03-04-04-SC) .. sees 55S "Whe may fle the petition for the rightful custody of minors Whore to fe petition forthe rightful custody of minors Whereis the fing of Pettion For Wit of Habeas Corpus in relation to the custody of minors: Fling with rogular cour: When allowed Ragusltes in Pattons for Habeas Corpus involving Minors Purpose of the Patton for he Writ of Habeas Corpus Coments of Veriied Petition ‘Wil a motion to damiss prosper Remedy Fling of Answer: Period tects of fale to appear atthe pretrial 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xlbcTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Provisional oer awarding custody “Temporary Vistation Rights Hold Departure Order RULE ON WRIT OF AMPARO (A.M. 07-9-12-SC, SEPTEMBER 25, 2007) Indispensable Elmont of te Wat of Amparo Erategal Kilings Enforced Disappearances Difference between a Wet of Amparo and a Search Warrant Who may fle (Order of Preference). Where 10 fi Contons ofthe Verified Petiion ‘Whore returnable enforcoabio. No Docket Fees, Issuance of the Writ Punishment for Refusal to lseve Writ and Serve t How the Wt is Served Return CContants of Return Etfoct of falure to plead al defenses Prohibited Pleadings and Metons SECTION 12. EFFECT OF FAILURE TO FILE RETURN ‘SECTION 13. PROCEDURE FOR HEARING ‘SECTION 14. INTERIM RELIEFS AVAILABLE TO PETITIONER UPON FILING OF THE PETITION SECTION 15, INTERIM RELIEFS AVAILABLE TO THE RESPONDENT Hoareay is admizsibie in emparo cases, ‘SECTION 16. CONTEMPT ‘SECTION 17. BURDEN OF PROOF AND STANDARD OF DILIGENCE REQUIRED SECTION 18. JUDGMENT SECTION 19. APPEAL Jusgments subject to appeal via Rue 45 ‘Praloge of the Wit of Amparo distinguished from the actual order called the Wt of Amparo Decisions in writ of ampare and wri of habeas corpus eases are immediately exeeutory, SECTION 20, ARCHIVING AND REVIVAL OF CASES. SECTION 21. INSTITUTION OF SEPARATE ACTIONS. SECTION 22. EFFECT OF FILING OF A CRIMINAL ACTION. ‘SECTION 25: CONSOLIDATION Doctrine of Command Resporsiblity Doctrine of Command Responsibly in Amparo Proceedings RULE ON WRIT OF HABEAS DATA . Wat of Habeas Data Habeas Data vis-a-vis Amparo Wht of amparo and habeas data not avaliable to protect purely property or commercial concerns Zones of Privacy in Philippine Law ‘SECTION 2, WHOMAY FILE SECTION 3, WHERE TO FILE SECTION 4 WHERE RETURNABLE ‘SECTION 5, DOCKET FEES ‘SECTION. CONTENTS OF THE PETITION SECTION 7. ISSUANCE OF THE WRIT SEGTION 8, PENALTY FOR REFUSING TO ISSUE OR SERVE THE WRIT SECTION 9. HOW THE WRIT IS SERVED ‘SECTION 10. RETURN Contents of Return ‘SECTION 11. CONTEMPT SEGTION 12, WHEN DEFENSES MAY BE HEARD IN CHAMBERS. SECTION 13. PROHIBITED PLEADINGS AND MOTIONS. ‘SECTION 14, EFFECT OF FAILURE TOFILE A RETURN, SECTION 15. SUMMARY HEARING SECTION 16. JUDGMENT Grant of te Wit distinguished from Grant ofthe Privlage ofthe Writ SECTION 17. RETURN OF SERVICE Contents of the Retum of Service SECTION 18. HEARING ON OFFICER'S RETURN SECTION 19. APPEAL ‘SECTION 20, INSTITUTION OF SEPARATE ACTIONS Effect of ling of potion in relation tothe ight to fie other action ‘SECTION 21, CONSOLIDATION Effoct of fling of @ eaminal acion after the fling ofthe petition SECTION. 22: EFFECT OF THE FILING OF A CRIMINAL ACTION, | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS.TABLE OF CONTENTS SAN BEDA MEMORY KID 2018 567 RULE 103: CHANGE OF NAME Person's Name ‘Arnames said #9 have the following characterises: Nature of Proceeding. rere Change of name distinguished from correction of enty of name Procedure for Change of Name under Rule 103 SECTION 1. VENUE SECTION 2. CONTENTS OF PETITION Grounds fer Change of Name Grounde not exclusive ‘When Change of Name should NOT be allowed: ‘Applicat of Rule 103 to alans Petition for change of name affects only petitioner excluding the spouse and children (Boos ta la alow one to sop the midale name trom his registered name? SECTIONS ORDER FOR HEARING Jurisdictional Requirements Publication of tite ans caption of the pettion Effect of dscrepancy in te Patiion and Published oder SECTION 4, HEARING Whe may oppose the pettion ‘SECTION 5. JUDGMENT Piition for change of name affects ony petitioner excluding the spouse and children Pelion for adoption not tmized to change of surname SECTION6. SERVICE OF JUDGMENT Consequence of a grant of change of name: Boter Remedy RULE 104: VOLUNTARY DISSOLUTION OF CORPORATIONS . Medes of voluntary dissolution RULE 105: JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION OF MINOR NATURAL CHILDREN 0.0... 871 Voluntary Recognition Use of Fathers Sumame . 570 - 872 RULE 106: CONSTITUTION OF FAMILY HOME . ‘The beneficiaries ofa family home are . $72 RULE 107: ABSENTEES .. Absentee \When petition proper Procedure in the Rule on Absentoes SECTION 1 APPOINTMENT OF REPRESENTATIVE Where‘ fle SECTION 2. DECLARATION OF ABSENCE: WHO MAY PETITION, Who may file a pottion fr appointment of administrator or rstes Purpose of Petition No patton for declaration of presumptive death Provisions of the Revised Rules on Evidence On Presumption of Death Effects of Reappoarance ‘SECTION 3. CONTENTS OF PETITION Raquistes forthe Declaration of Presumptive Death under the Family Code SECTION 4, TIME OF HEARING: NOTICE AND PUBLICATION THEREOF Requirements as tothe netice of hearing SECTION 5. OPPOSITION SECTION 6, PROOF AT HEARING: ORDER SECTION 7, WHO MAY BE APPOINTED SECTION, TERMINATION OF ADMINISTRATION RULE 108: CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY i . 875 SECTION 1, WHO MAY FILE PETITION Where to le Proceedings for the cancellation or correction of envies in the Civil Registry may be: ‘Aaversanal Processing SECTION 2, ENTRIES SUBJECT TO CANCELLATION OR CORRECTION They are the following “Sex enange” or Sex reassignment” nok within the ambit of Rule 108 ‘Congenital Adrenal Hyperpiasia (CAH) Painepes lad down by the SC in Republi v. Cagandahan with respect toa person with CAH SECTION 3. PARTIES ‘The following shall be made partes to the proceeding 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | ITABLE OF CONTENTS SAN BEDA MEMORY AID 2018 [SECTION 4. NOTICE AND PUBLICATION SECTION 5, OPPOSITION’ Period to fle Opposition “Two notice requirement SECTION 6, EXPEDITING PROCEEDINGS SECTION 7 ORDER Where change of name allowed acsing trom change of gender Procedure for Cancellation or Conecton of Enis under Rule 108, 578 CLERICAL ERROR ACT: REPUBLIC ACT NO. 9048 ... Cases covered Cases NOT covered Clerical or Typographical Error Definition of Terme Grounds Who may fe Parson with drect and personal interest Where to fle Foun of pettion Contents ofthe Petition ‘Annexes tothe pation Publication Requirement Duties of the Ciy/Municipal Civ Registrar oF the Consul Genera: Duties and Powers of the Civil Ragistrar Genaval Effect of Approving the Petition for Change of Name Procedure: Republic Act No. 6048 ‘Grounds forimpugning the Decision Granting the Petition - 582 RULE 109: APPEALS IN SPECIAL PROCEEDINGS .. SECTION 1, ORDERS OR JUDGMENTS FROM WHICH APPEALS MAY BE TAt ‘Who may appeat Muttiplo Appeals (Orders that are not Appealable Cortloran and mandamus are not substitutes for appeak SECTION 2. ADVANCE DISTRIQUTION IN SPECIAL PROCEEDING Rule on Advance Distribution SPECIAL CIVIL ACTIONS Gwl Action ‘Special Ci Action [Nature of a Special Cv Action Orainary Civil Action and Special Civil Action; Distinguished 597 SPECIAL CIVIL ACTIONS UNDER RULES OF COURT .. Ditferent Kinds of Special Civil Actions Jurisditon ‘urisdeton over Complaints for Expropriation and Complains for Foreclosure of Real Estate Mortgage Three (3) Views on Jurtsdtion over Complaints Tor Foreclosure of Real Estate Morgage, Distingurshed . 598 RULE 62: INTERPLEADER ..... Section 1, When inlrpleader proper Interpleader Examples Requisies for Interpleader Purpose of Remedy Who flee the complaint When to ie the compaint Exception sristietion ‘Venue for Complaint for interpleader Section 2. Order Section 3. Summons Section 4, Motion to Dismiss Grounds! Effect of Filing of Motion to Dismiss Irnproprety of the inerpleader Action ‘Section 5: Answor and other Pleadings Effect when a Claimant Fails to Plead within the Time Fixed Consequence of a Declaration of Defaut li | 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Section 8. Determination Section 7, Docket and other lawful fees, costs and Itgation expenses as lens Payment of the Docket Foes Interpleader and Intervention, Distinguished RULE 63: DECLARATORY RELIEF AND SIMILAR REMEDIES Basic Concepts in a Pettion for Declaratory Ret Ordinary Action and a Paton for Declarstory Relia: Distinguished Section 1. Who may fe petition Purpose of Declaratory Relat Ption for Declaratory Reiof may be Treated as One for Prohibition or Mandamus Requistes for Declaratory Relat Reequisites of Justiciabity Ripeness oflssue Subject Matter May 9 Court Decision be Subject of Petition for Declaratory Reliot Is aPeition for Declaratory Relief Proper when a Court Decision is Ambiguous CCariieatory Judgment and Declaratory Retiel, Distinguished Section 2. Parties Purpose of Section 2 ‘Seaton 3. Notice on Sokcitor General Section 4. Local Goverment Ordinances, Section 8. Court action discretionary ‘Court has dieeretion, motu proprio oF upon motion, to retuse to grant Declaratory Reef when Section 6. Conversion into ordinary action When conversion proper When Peiiton for Declaratory Relist Improper ‘Third-party complain, Not Allowed Compulsory Counterclaim, Allowed No Wi of Execution Proceedings Considered 2s Similac Remedies under Section 1, 2nd Paragraph Procedural Distinction Betwoon a Potitin for Daclaratory Rolie and Other Similar Remedios “Jurisaleion: Where to Fle RULE 64: REVIEWS OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMELEC AND THE COA... Constitutional Basis Rule 64 Does Not Apply to the Judements, Final Orders, oF Resolutions ofthe Gill Service Commission (CSC) Pttion for Certioran under Rule 64 and Rule 85; Dstinguiched Section 1. Scope Section 2. Mode of Review Court wth Jursition Section 3 Time to fie petition Motion for Reconsideration 3s a prerequisite Section 4 Dockat and other lawful foos Section § Form and contents of petiion Eficlent Use of Paper Rule ‘Section 6 Order to comment ‘The Cour may also dismiss the pottion Section 7. Comments of respondents Section 8 Etfect of Fig Section 9. Submission for decision RULE 65: CERTIORARI, PROHIBITION, AND MANDAMUS retminary Considerations Section 1. Petiton for Certorari Writ of Ceniorart ‘Aggfoved Party, Defrition Contoran ie a Prerogative Wait Roquleites of Carterar Firs Requisite: Functions of Respondent Expanded Scope ofa Petiton fr Certioran ‘Second Requisite: Jurssictonal Evers Cortoran Reviews Errors of Jurisdiction, Not Errors of Judgment Gortoran Against a Mation to Dismiss Gentorari an independent Acton ‘Tha requiate: No Appeal, or any Plain, Speedy and Adequate Remedy No Appeal ‘Special Civil Action of Certiraei under Rule 65 and Certorari under Rule 45; Oistinguished ‘APetition for Geriorari may be treated as 2 Petition fer Review on Cortera under Rule 45 Rlomodios of Appeal and Cortioran are Mutualy Exclusive, Not Alerative or Successive Certioran Despite Perfection of Appeal; When Both Remadias Doomed Not ExcIusive CCertorar Not Substitute for Lost Appeat Exceptions . 605 . 608 2018 SAN BEDA CENTRALIZED BAR OPERATIONS {ti