CIVIL PROCEDURE

JURISDICTION
General and Special Jurisdictions
 Stephen Cu v. RCBC Securities: action for specific performance and damages in
RTC of Makati for undelivered shares and securities purchased by petitioner.
Initially raffled to Branch 63 (general court) but was returned so it was latter re-
raffled to Branch 149 (commercial court). SC ruled that even if a court has a
special jurisdiction, it can still handle cases under general jurisdiction.
 Law confers jurisdiction but the special jurisdiction is only a matter of exercise of
jurisdiction as imposed by the Supreme Court. Hence, dismissal is not proper if
the case was filed to a special court but is designated by law as a court of
general jurisdiction.
 Luis Gonzales v. JJH Land: if an instance that there is no longer a commercial
court, the case will be assigned to the nearest judicial region under the guidance
of the Office of the Court Administrator (OCA)

Continuing Jurisdiction
 In continuing mandamus proceedings in environmental case, the court continues
to exercise jurisdiction by seeing the progress reports and compliance to the
Decision (a final and executory judgment). This is not an encroachment of
executive powers.

Residual Jurisdiction
 When the court already rendered a final judgment and a losing party files a
perfected appeal. The records will have to be elevated to the next level court so
the court of origin can still executes any order to protect rights of the parties while
pending elevation of records to the next level court.

Original and Appellate Jurisdiction

1. MTC/MeTC/MCTC
Original:
o Demand, claim, estate, probate, maritime does not exceed 2M
 Excluding IDALE: interest (by way of damages), damages, attorney’s fees,
litigation cost
 Accrued interest or contractual interest that has fallen due is included in the
computation for jurisdictional amount
o REAL ACTIONS: If title, possession or interest of real property, assessed
value of the property does not exceed 400k
 Assessed Value: the value of the property as stated in the tax
declaration for purposes of taxation (usually lower than the FMV).
 Jurisdiction over real action is determined by the allegations in the complaint, not
by averment in the Answer.
 Failure to allege assessed value = lack of jurisdiction
 o Ejectment cases
o Summary procedure for amount not exceeding 1M
o Small claims not exceeding 1M
o Under LGC, action for enforcement of brgy amicable settlement
 Prior referral to brgy conciliation is required if all the real parties in interest (not
the attorney-in-fact) reside in the same city or municipality
 Non-compliance with brgy conciliation requirement = failure to comply with a
condition precedent. If ground is timely raised in the Answer, the court should
dismiss the case, and not merely suspend it.
No appellate jurisdiction. Those decisions coming from brgy conciliations are
not appeals but an action to enforce.
2. RTC
Original:
o Exceeding 2M, or 400k for real actions
o Family Courts (under Family Courts Act)
 No transfer of case, but should dismiss the case for lack of jurisdiction
(jurisdiction is conferred by law, unlike in Special Commercial Courts)
o Cases incapable of pecuniary estimation
 Ex. Abatement of nuisance, complaint for annulment of real estate mortgage
where certificate of sale was not yet registered,
o Declaratory Relief
o Intra-corporate case
 Where intra-corporate case was raffled to a non-special commercial court, the
court should not dismiss the case, but instead refer to the Executive Judge for re-
docketing as a commercial case (only a matter of procedure, and has nothing to
do with jurisdiction)
Appellate:
o Decisions of MTC by Notice of Appeal or Record of Appeal
o No ruling rendered by RTC, only memoranda
3. CA
Original:
o Annulment of Judgment
o R65 involving act/omission of quasi-judicial agency/ OMB decision CREFS
Appellate:
o Ordinary appeal from decisions of RTC
o Record on appeal in cases of multiple appeals in Special Proceedings
o Petition for review from decisions of RTC in the exercise of its appellate
jurisdiction
o Rule 43 petitions from decisions of quasi-judicial agencies
4. Sandiganbayan
Original:
o Officer at least SG27 and the act is bribery, malversation, RA3019, actions
disadvantageous to gov’t.
o Office is a constituent element of the crime (ordinary offenses)
 o If you are a trustee or director of State University, GOCC, REGARDLESS
of salary grade.
o If the damage to gov’t exceeds 1M pesos
Appellate:
o Those not at least SG27 which originally falls in the regular court
5. SC
Original:
o Rule 56, Sec. 1 and the Constitution
o CPM, QW
o Disciplinary actions against members of the bench and the bar,
ambassadors, ministers and ministers plenipotentiary.
o Constitutionality of law, treaties, ordinance, tax treaty
Appellate:
o Rule 45 - Petition for Review on Certiorari involving pure question of law

Concurrent Jurisdiction (RTC, CA, SC)

 Hierarchy of courts must be observed EXCEPT:
1. Interest of justice
 CPM, Writs of HC, QW, HD, A, CM, K

Writ of HC
 Labrador v. Paredes (2019): started as a criminal case for violation of DDA.
Lawyer filed a motion to defer promulgation of judgement. No one attended
promulgation of judgment thereby forfeiting all the remedies under the law. As
last resort, they filed petition writ of HC to SC. The SC said that they CANNOT
entertain HC as post-conviction remedy because the detention is under lawful
process. It can only be used as post-conviction remedy in the following
circumstances:
1) violation of constitutional right
2) court has no jurisdiction to impose the sentence
3) post-penalty is excessive (only the excess part)
 CIR v. Sec of Justice and Metropolitan Cebu Waterdistrict (2018): when there is a
dispute between 2 government agencies or instrumentalities (BIR against MCW),
it is the Secretary of Justice that has jurisdiction.

 Nunez v. People: If it is a regular court that rendered judgment in violation of

RA3019, the appellate jurisdiction falls under Sandiganbayan and NOT CA.
 Miller case: In Rule 108 (correction of entries), legitimate heirs wants the birth
certificate of the illegitimate daughter to be corrected to change the last name
from Miller to Espenida (her mother’s name). RTC does NOT have jurisdiction in
this case because it attacks the issue of filiation and identity collaterally. It can
only be questioned in a direct action governed by Art. 171 of FC and not the
ROC.
Subject Matter Jurisdiction

Jurisdiction Over the Person

Plaintiff: filing the case and payment of filing fees.
 Cu v. RCBC Securities: if petitioner relied on good faith in the computation of
the court of the filing fees, the case will not be dismissed but the clerk should
make a subsequent assessment. It must be shown that there is no fraud.
 Sun Insurance case: Rules -
1) If filing fees are insufficient, you can complete it within the proper
reglementary period or within the prescriptive period.
2) If there is no fraud, the case will not be dismissed.
3) The lien on the judgment award. The Court can award despite absence
of the amount in the prayer in just and equitable circumstance and for
those indigent litigants.
 Manchester case: there is bad faith/fraud when the claim is hidden in the body
and the amount indicated in the prayer with a lower amount then there is an
intention to defraud the gov’t so the court properly dismissed the case.-In
compulsory counterclaims, you do NOT need to pay filing fees. The SC
suspended it in 2004. In permissive counterclaims, you need to pay filing fees.
 Jurisdiction is determined based on the amount of the claim excluding
damages, interests, costs, attys fees. If the case is a purely damages claim,
the amount should be based on the damages claim.
 Jurisdiction is always hinged on the filing fees. Everything alleged in the
prayer is the basis of the computation of the filing fees unlike in determining
jurisdiction, only the amount of claim is used as basis.
 In cases of incapable of specific performance, filing fees are fixed. In Ruby
Shelter case, a case for annulment of sale was filed which the lawyer
considered as incapable of pecuniary estimation, the SC ruled that it is not
really an annulment of deed of sale but it involves recovery, title and transfer
of real property so the filing fees paid must be based on the FMV or zonal
valuation of BIR of the property, whichever is higher. In the absence of such,
the amount alleged in the complaint.
 An indigent litigant is whose income does not exceed double the monthly
minimum wage nor owned a real property exceeding 300K in value. One can
file to be declared an indigent. Any opposition to such will be heard and if the
Court ruled for the opposition and the subsequent failure to pay of filing fees
by petitioner can lead to dismissal of the case for failure to prosecute.
 If there is no allegation of amount in the complaint, jurisprudence dictates that
the court must also look on the attachments to the complaint which can also
be a basis.
 Specified Contractors Dev't v. Pobocan (2018): SC held that the transfer will
only be an incident of the principal action which is to determine whether
indeed there is a contract. Hence, it is in reality an action for specific
 performance. In this case, there is only an oral contract which prescribes in 6
years but the case was only filed 17 years after; thus, prescription already set
in.

Defendant: upon proper service of summons or voluntary appearance.

 The summons once issued by the clerk will be effective until it is recalled by
the court.
 Sec. 20 ROC: you CANNOT join in a motion to dismiss the lack of jurisdiction
over the person of the defendant. You only file it as an affirmative defense in
your answer. If you include it in the MTD, it will be denied since it is prohibited
and it does NOT interrupt reglementary period and might lead to declaration
of default and an assertion that the defendant has submitted to the jurisdiction
of the court.

Jurisdiction Over the Issue

 The court will have jurisdiction to pass judgment on the case based on the issues
presented.

Estoppel on Question of Jurisdiction

 Tijam v. Sibonghanoy: the proceedings lasted for 14 yrs and after participating
actively, one of the parties raised lack of jurisdiction. The Court ruled that he is
already estopped to raise such defense.

Primary Jurisdiction
 In the light of primary jurisdiction, the case will just have to be referred to the
proper government agency by the courts.
 Exhaustion of administrative remedies

National Electrification Administration case (2018): the judge/office/gov't agency

impleaded in a Rule 65 case is only a nominal party. In Rule 45, you do NOT have to
implead them but in Rule 65, you have to implead the court to include them.

Citizen Suit/Writ of Kalikasan

 Mayor Tomas Osmena v. Garganera: an environmental case involving Inayawan
landfill's reopening opposed by the public. LGU was insisting that they should
have been given 30-day notice before filing the case as enunciated in SMW Act
and Clean Air Act. The SC said that petition for writ of kalikasan is an entirely
separate and distinct action from the aforementioned laws. Writ of Kalikasan is an
extra-ordinary remedy covering environmental damage of such magnitude that
would prejudice life, health, property of inhabitants in 2 or more cities or
provinces. The prior 30-day notice in a citizen suit is inapplicable.
 Citizen suits are filed in RTC while Writ of Kalikasan is filed with any division of
CA or SC.
Ybiosa v. Drilon: DAR has primary jurisdiction over cancellation of CLOA.

Presumptive Death
 Matias v. Republic: a wife was married to a Philippine Constabulary has not
returned since 1979 so she filed petition for presumptive death. The court granted
but on the basis of Art. 41 of the FC. SC said that RTC erred in ruling based on
Art. 41 of the FC, it should be the Art. 390 and 391 Civil Code because the
purpose is not for remarriage but to claim benefits. The wife could have settled
the case administratively and asked for declaration of presumptive death for
purposes of claiming benefits without the need to resort to courts.

Peter So v. PDIC: A decision of quasi-judicial agency which you believe to be

excessive, Rule 65 case must still be filed with CA despite concurrence of
jurisdiction.

Tunged v. Sta. Lucia Realty: case involving property of Ibaloys, an indigenous land
which was filed in the RTC. The RTC dismissed on the ground that it should have
been filed with the National Commission on Indigenous People. However, the SC
said that NCIP can only have jurisdiction if the dispute is between indigenous people.
In this case, there is a party that is non-ICC so it must be under the RTC.

Personal and Real Action

 This pertains to the venue (Rule 4).
 Real Action: place where the property is located
 Personal Action: residence of the plaintiff or defendant, at the option of the
former. If non-resident, where plaintiff resides if it involves status OR where
property is located if it involves a property of defendant not residing in the
Philippines.

In Rem, In Personam, Quasi-In Rem

 This pertains to effects of judgment as against persons
 In Personam: only affects the parties of the case like in ejectment cases which is
also a real action.
 In Rem: De La Salle Montessori International Malolos v. De La Salle Brothers,
the use of the former of the name "De La Salle" is being questioned by the latter
for being confusingly similar to that of them. The SC held that the right to use a
corporate name is a property right and the right in rem which it may assert and
protect against the rest of the world.
 Quasi-In Rem: it affects the world but there is a designated defendant. An
example is an action involving personal status of the plaintiff.

RULE 1
CIVIL ACTION
 When a party sues another for the enforcement or protection of right or protection
or redress of a wrong.

CAUSE OF ACTION
 When someone violates or breaches right of another. Requisites:
1) There is right of plaintiff
2) There is duty of defendant to respect that right
3) There is breach or violation thereof (MOST IMPORTANT!)

Kinds of Civil Action:

1. Ordinary Civil Action - should always have a cause of action
2. Special Civil Action - cause of action is not always present such as an Action
for Interpleader or Declaratory Relief (determine validity of law prior breach).
But in ejectment cases, there is a cause of action especially in unlawful
detainer cases.

Both are governed by ordinary rules subject to rules on special civil action. In
special civil action, you first use special rules. Only when it is inadequate that you
apply ordinary rules.

CRIMINAL ACTION
 When the State prosecutes another for an act or omission punishable by law.
They prosecute ONLY from the time the information is filed in court.

SPECIAL PROCEEDING
 Covers probate, administration of estate, guardianship, adoption.
 Take Note: 2019 Rules on Rectification of Simulated Birth
 Establishes a status, right or particular fact.

RULES OF COURT NOT APPLICABLE ON THE FOLLOWING:

1. Election cases
2. Insolvency cases
3. Cadastral cases
4. Registration cases

LIBERAL APPLICATION OF THE RULES

 Asked when a party failed to comply with the rules. There is no doctrinal ruling on
non-compliance. Liberal application by the court is always case-to-case basis.

RULE 2
Failure to State Cause of Action
 Looking at the material allegations on the complaint, the Court cannot render
judgment.
 This is no longer a ground for MTD. This only an affirmative defense under the
Revised Rules to cause the dismissal.

Lack or Absence of Cause of Action

 This cannot be a ground for MTD nor even be used as an affirmative defense to
cause dismissal. You will only know that there is lack or absence after
presentation of evidence of plaintiff. The remedy is demurrer to evidence.
 While Rule 7 requires documentary evidence, all of those are not yet admitted
evidence since they are to be presented, identified and authenticated by witness.

Cause of Action is sufficient when the court can already render judgment based on
the minimum allegations in the complaint. If there is no cause of action, the case
should be dismissed.

Turner v. Turner: a complaint that's cause of action has not yet accrued, cannot be
cured by an amendment or supplemental pleading alleging accrual of the cause of
action.

Splitting Cause of Action (Rule 2, Sec. 4)

 It will result to the pendency or judgment of one will result to the dismissal of the
other. It may be res judicata or litis pendentia. It is not an affirmative defense but
can lead to a ground of MTD under res judicata or litis pendentia. These grounds
are also an affirmative defense (Rule 6, Sec. 5(b), second par.)
o Requisites of Litis Pendentia:
 Similar parties, issues, are relief
 Both actions are pending
o Requisites of Res Judicata:
 Similar parties, issues, are relief
 Both actions are pending
 There is judgment in one case

 Cruz v. Tolentino: 2 cases –

1.) Annulment of sale, title, damages in RTC Mandaluyong instituted by heirs
of Purefication against Tolentino (buyer), Purefication & Register of
Deeds.
2.) Registration of Deed of Sale with mandamus and damages filed by
Tolentino in a different branch in Mandaluyong.

WON there is forum shopping in this case?

The core of this case is the Deed of Absolute Sale. The trial court already
judged that the Deed was valid and legal in the first case. Hence, res
judicata applies.
 Chua v. Viray: forum shopping exists when a party repeatedly avails himself of
several judicial remedies in different courts simultaneously or successively. Can
be committed by:
1. Filing multiple cases based on same cause of action, same prayer; previous
one hasn't been resolved. (litis pendentia)
2. Filing multiple cases based on same cause of action, same prayer; previous
one resolved. (res judicata)
3. Filing multiple cases based on same cause of action but with different prayers
(Cruz case) – In this scenario, one case may be filed by the plaintiff then the
other by the defendant based on the same cause of action/core issue.

Where there is only one delict or wrong, there is only one cause of action,
regardless of number or rights violated belonging to one person. Forum shopping
is present in this case.

RULE: One suit for a single cause of action.

 If there is one plaintiff and several defendants, each having separate cause of
action, the suits cannot be combined in one complaint because 1 cause of action
= 1 suit.

Joinder of Causes of Action (Rule 2, Sec. 5)

 It is merely permissive not mandatory, at the option of the complainant. (Only 1
defendant)
 Applies when there is 1 defendant with multiple cause of action, the plaintiff can
sue the defendant in one suit bring all causes of action.

Permissive Joinder of Parties (Rule 3, Sec. 6)

 It will only apply when there are plurality of parties either on part of plaintiffs or
defendants. It can be filed in one suit. Requirements:
1. Arise from same or series of transaction jointly, severally or in the alternative.
a. Pantranco case (2005): collision of the bus by hitting rear side of
the jeepney, there is a common fact which arises from a single
transaction and NOT a series of transaction.
i. When the claims in all causes of action are principally for
recovery of money, the aggregate amount shall be the test of
jurisdiction. There is no misjoinder of parties if there is
commonality of fact.
ii. This cannot be a class suit because every claimant has a
different claim (e.g. death, life expectancy, moral, exemplary
damages, etc.)

NOTE: You CANNOT join actions governed by different rules. (Ordinary Rules vs.
Special Rules vs. Special Proceedings)
Multiple Causes of Action Joined in One Action (Rule 2, Sec. 5)
 In instances where there are multiple causes of action and one falls in the RTC,
the rest will follow the RTC (e.g. Recovery of real property with assessed value of
120K located in Pasig (real action) and Damages worth 350K (personal action)
involving same plaintiff (resident of Manila) and defendant (resident of QC)).
 Improper venue is an affirmative defense in an Answer which can be a basis of
dismissal within 30 days from filing of the Answer.

Misjoinder of Causes of Action

 NOT a ground for dismissal of the case.
 The Court may upon motion or motu proprio may drop or sever certain causes of
action that cannot be joined.

RULE 3
Real Party-In-Interest
1. A party who will be affected by the judgment in the case, either beneficial or
prejudicial.
2. These are in private suits
3. If the party is NOT a real party-in-interest, it is not a ground for motion to dismiss.
Rather, it is subsumed in a pleading failing to cause of action as a ground which
can be used as an affirmative defense that can still result to the dismissal of the
case.

Locus Standi
4. Tests to Determine Locus Standi:
1. Direct Injury Test – the person will suffer direct injury from the governmental
act; People v. Vera (1937)
2. Transcendental Importance – even without sustaining direct injury but due to
transcendental importance to the public, it is necessary to rule on the matter;
Araneta v. Dinglasan
3. The Far-Reaching Implications – permitting ordinary citizens such as
taxpayers suit or civic organizations, legislators in exercise of their legislative
prerogative to question the constitutionality of the law; Aquino v. COMELEC
5. These are actions against governmental actions.

WHO CAN BE PARTIES TO AN ACTION?

1. Natural Person
a. Legal capacity (of legal age)
b. If minor, assisted by the guardian (appointment of guardian ad-litem)
o Serve summons to the guardian
c. If incapacitated, same as minor
o Serve summons to the guardian
d. If married, GR is they must sue and be sued as spouses, jointly.
 o Amendment in Rule 14 – service of summons must be made to the
spouses individually.
o EXN:
i. It involves practice of profession
ii. Involves exclusive property of one spouse
e. If there is judicial separation of property or subject to ante-nuptial agreement
i. Act of negligence of one spouse
ii. Criminal offense against one spouse
f. Detainee/Prisoner
o Serve summons to the jail warden who will then serve it to the
detainee/prisoner.

TYPES OF SUBSTITUTION
A. Substitution In Case of Death (Rule 3, Sec. 16)
 Requisites:
1) A party dies (plaintiff or death)
2) Action is not extinguished by reason of death
 If the case is a sum of money, check first if Sec. 20, Rule 3
applies (defendant dies)
 Substitution is not jurisdictional, it is only to satisfy the requirement of due
process.

Substitute; When Complete

Duty of Lawyer
1) Notice of Death within 30 days from the fact of death (not
knowledge of death)
2) Name the legal representative in the Notice of Death
a. Executor
b. Administrator
c. Heir
Court’s Action
1) Notice requiring the substitute to appear
2) Order of Substitution

 If the one named does not appear or no one has been named, the opposing
party can name the substitute by choosing between the administrator or
executor only.
 Brioso case: in case there are multiplicity of plaintiff or defendant with distinct
and different interests and only one of them dies, failure to substitute that one
will render the subsequent proceedings null and void as to the decedent’s
interest but shall be valid to his co-parties who continued to participate in the
case.
 In Case of Death of the Defendant In Action for Sum of Money (Rule 3, Sec. 20)
 Upon the death of defendant, the case will not be dismissed. It will be
continued against the estate of the deceased.

B. Substitution of a Public Officer (Rule 3, Sec. 17)

 Resigned, Died, or Ceased to Hold Office
 Cases against his official capacity
 Before the Court acts on it, it must be shown that the successor adopts or with
intent to adopt the actions of his predecessor. In this case, there must be
substitution of the predecessor to the successor.

C. Transfer of Interest (Rule 3, Sec. 19)

 Options:
1) Continue the case against the transferor until judgment
2) Implead the transferee to be party of the case
3) The Court can order the substitution of the transferor to the transferee
when it appears that transferor has no longer interested in the case
 If it is unknown to the court that there has been a transfer of interest of the
defendant to his co-party, and the former subsequently died, Rule 3, Sec. 16
shall apply because such transfer of interest was unknown to the Court.
However, if the Court was informed of such fact while the defendant is still
alive. In such case, Rule 3, Sec. 19 will govern.

2. Juridical Person
a. Legal capacity
 Domestic
o Serve summons to (Rule 14):
 President
 General manager
 Managing partner
 Corporate secretary
 Treasurer
 In-house counsel WHEREVER they may be found
 In case of their absence, to their respective secretaries
 Foreign
o Serve summons to:
 Resident agent
 Directors
 Trustee
 NOTE: A non-juridical entity that is in the process of incorporation cannot
be a party to a case (Association of Flood Victims v. COMELEC)

3. Entities Authorized by Law

  Labor organizations, political parties, sports organizations, estate

4. Non-Juridical Entities (Rule 3, Sec. 15)

 Entities publicly known to be juridical entities when in truth and in fact, they
are not incorporated.
 They CANNOT sue but they can be sued.
 They can only sue individually.
 Sole proprietors doing in a certain business name or style, it will be treated
as Natural Person and not under this category.
 Serve summons to anyone of the members or those in-charge of the
office.

Necessary Party
 Impleaded to have a complete determination of the case
 Failure to implead will not affect the validity of judgment
 If the court requires that the necessary party be impleaded and there was
unjustified failure to do such, there is a waiver of the claim with respect to such
party.
 If there is no order from the court to implead, you can still go after the necessary
party in a separate case.

Indispensable Party
 Impleaded to have a final determination of the case
 They must be impleaded.
 Domingo v. Scheer: If the court notices that you failed to implead an
indispensable party and the court orders you to do so, and still failed, the court
can dismiss the case because failure to do so will render the judgment null and
void.
 Heirs of Mesina v. Heirs of Fian: Non-joinder of indispensable party is not a
ground to dismiss immediately but there must be an order to implead first and
such failure before the case can be dismissed.
 This is jurisdictional.
 Failure to implead an indispensable party if there is extrinsic fraud will be a
ground for annulment of judgment or lack of jurisdiction over the person of an
indispensable party that will lead to annulment of judgment.
 Nagkakaisang Lakas ng Manggagawa sa Keihin v. Keihin Philippines Corp:
petitioner failed to implead the dismissed employee, Helen Valenzuela whose
right is the issue in this case. The absence of such rendered the proceedings null
and void and will result to the dismissal of case.
 Makawahig v. PNP: Police officer who refused to be retired who filed an action to
correct his entry on the civil registry by adjusting his age to 10 years younger to
which he got a favorable judgment. Records Dep’t of PNP noticed such and
claimed that they were not impleaded as indispensable party. The Court ruled in
 favor of the PNP because they will be affected by the correction of his age with
respect to his pay and benefits.

Class Suit
 There must be a common or general interest.
 Rule 17, Sec. 2 last sentence says: there can be NO dismissal of a class suit or
a compromise of a class suit WITHOUT the approval of the court. It should
ALWAYS be with court approval.
 Oposa v. Factoran: minors, represented by their parents and generations yet
unborn are considered as members of the class due to intergenerational interest.
 Banda v. Ermita: How do we determine “so numerous”?
o Adequacy of Representation
 Whether the interest of named party is co-extensive with the other
members of the class
 Proportion of those made party as it bears to the total membership
of the class
 Ability of the named party to speak for the rest of the class

Citizen Suit
 Ruling in Oposa v. Factoran laid basis for the concept of citizen suit in rules of
procedure in environmental cases
 Can be instituted by a gov’t/private entity, minors represented by their parents
and generations yet unborn
 Segovia case (2017): writ of kalikasan and continuing mandamus case wherein
the petitioners want a transportation system that will lessen pollution. However,
there is no cause of action in this case because it was not shown that there was a
right violated or that the gov’t neglected such right.

RULE 4
Venue
 Hygienic Packaging v. Nutri-Asia (January 23, 2019): venue stipulation is found in
the sales invoice which indicates that in case of dispute, venue must be in City of
Manila. Neither party has a principal place of business in Manila. The Court ruled
that Sales Invoice cannot be the basis of venue stipulation because it was only
prepared by one of the parties and there is no indication that the other party
acceded to it.
 Rules on Venue:
o Real Action: place where the property is located
o Ejectment case: place where the property is located, particularly MTC
o Personal Action: where the plaintiff/PRINCIPAL plaintiff or
defendant/PRINCIPAL defendant resides, at the OPTION of the plaintiff.
o Non-resident Defendant:
1) Personal status of the plaintiff: place where the plaintiff resides
 2) Involving real properties of the defendant: place where the real property is
located
3) How to serve summons (Rule 14, Sec. 17):
1) Personal service
2) Based on convention or treaty, if there is one
3) Publication in newspaper of general circulation here in the
PH AND service by registered mail in his last known address
of the order of publication plus the summons and the
complaint
 Paglaum case: in cases of series of loans covered by different agreements and
the latest agreement bears a different venue of exclusivity different from earlier
agreements, the last agreement will govern with respect to venue.
 Briones case: Venue in a loan contract where the supposed borrower’s signature
is forged, the latter is NOT bound by the stipulation on the venue because the
very issue in question is the validity of the contract. Hence, the general rules on
venue of personal actions shall govern.
 Venue stipulation WITHOUT exclusivity is ONLY an addition to what the general
rules on venue provides.
 Venue in civil cases are waivable.
 San Miguel v. Monasterio: there are venue stipulation involving entirely different
or distinct contracts. Stipulated venue in one contract is only valid in that specific
contract and cannot be used as basis with regards to the other contracts.
 Irene Marcos-Araneta v. CA: Petitioner is a resident of Makati who filed the case
in Batac, Ilocos Norte. She argued that there are other nominees of the trust
interested in the case who are residents of Batac and therefore the venue was
proper. However, the court ruled that even if they impleaded additional nominees,
the case must have been filed in Makati because the petitioner is the PRINCIPAL
plaintiff for she is still the substantial beneficiary.
 “Residence” in Venue: physical residence
 “Principal” Plaintiff/Defendant: the one who has substantial interest in the case.
 These general rules on venue will not apply if there are special rules governing it.
o Examples:
1) Deposition BEFORE the action: place where the would-be adverse
party resides
2) Petition for Writ of Habeas Data: place where the petitioner or
respondent resides or place where the documents/data to be
gathered are located, at the option of the plaintiff
3) Adoption: where the adopter resides
4) Recission of Adoption: where the adoptee resides
5) Quo Warranto: where the respondent resides
6) Settlement of Estate, Petition for Probate of Will: place where the
decedent last resided at the time of death.
7) Nullity of Marriage: where the conjugal home is or where the plaintiff
or respondent resides.
 Venue stipulation does not only govern personal actions but also real actions
because this is only a matter of procedure and NOT jurisdiction.

RULE 5
Uniform Procedure
 Procedure in MTC and RTC are the same except when the rules provide
otherwise.
 Summary Procedure vs. Small Claims
ORDINARY SUMMARY SMALL CLAIMS
PROCEDURE PROCEDURE
Court MTC MTC MTC
RTC
Jurisdiction As discussed In Civil Cases, not Same jurisdictional
above exceeding 200K in MM, amounts of MTC’s
not exceeding 100K jurisdiction (In MM,
outside MM. not exceeding 400K;
outside MM, not
exceeding 300K)
Certificate Yes Yes Yes but it must also
of Non- state that it is not
Forum splitting cause of
Shopping action and filing
multiple suits
Subject Civil Cases Civil Cases; Ejectment 1. Money claims
Matter cases (exclusive of
interests or costs)
arising from
contract of:
 Lease
 Loan
 Service
 Sale
 Mortgage
2. Liquidated
damages
3. Enforcement of
barangay
settlement or
arbitration award
involving money
claims
Assistance Yes Yes No
of a lawyer
Prohibited 1. CPM Same list with
Pleading 2. Motion to Dismiss Summary Procedure
except for subject
matter jurisdiction
3. Motion to declare
in default
 ORDINARY SUMMARY SMALL CLAIMS
PROCEDURE PROCEDURE
4. Motion for
Extension of Time
5. Postponement
without
meritorious
reasons

If you file a motion to

dismiss and it was
denied, you cannot file
Rule 65 as remedy in this
case. However if there is
a good reason like the
failure is due to an
illness, the motion can be
granted despite the fact
that it is a prohibited
pleading (Go v. Mayo)
Complaint Non-extendible Court can either: Complaint Form
period 1. Dismiss outright provided by the court.
2. Issue summons
Actionable documents
must be attached, if
any.

There must be a
statement that the
plaintiff is engaged in
the business of
lending or banking.
Any misrepresentation
will hold him in direct
contempt.

If the case filed should

be under Ordinary
Procedure/Summary
Procedure, the court
will not dismiss the
case but it will only be
re-docketed.
Answer 30 days, 10 days. Response Form within
extendible once 10 days.
on meritorious If there is NO Answer,
grounds for the court can already
another 30 render summary
days. judgment. Motion to
declare in default is a
 ORDINARY SUMMARY SMALL CLAIMS
PROCEDURE PROCEDURE
If the defendant prohibited pleading.
is a foreign Plaintiff can only file a
private juridical motion for the court to
entity in which render summary
there is a gov’t judgment because of
official failure to file an Answer
designated by by the defendant. The
law to receive judgment in this case will
summons, it is only be based on what
entitled to 60 the pleading may
days. warrant. It is NOT
required for the plaintiff to
If no Answer, preponderate
plaintiff can file (preponderance of
a Motion to evidence) (Fairland
declare Knitcraft v. Po)
defendant in
default.
Reply Only when there N/A
is actionable
document
attached to the
answer
Pre-Trial Within 5 days Within 30 days from filing N/A
from receipt of of the last responsive
the responsive pleading, court can issue:
pleading, the 1. Order of Preliminary
court must set Conference (parties may
the case for pre- compromise); OR
trial set no later 2. Render a Judgment
than 60 days
from the filing of
responsive
pleading
Trial The plaintiff and There is NO trial here; One-day hearing.
the defendant ONLY submission of
are given 90 Judicial Affidavits and If the defendant failed
days each. Position Paper to file a Response but
appeared in the
hearing, the Court will
consider his
statements in the
hearing as his
response.
Judgment 90 days from 30 days to render Within 24 hours from
the time it is judgment termination of the
submitted for hearing.
decision Executory, especially
 ORDINARY SUMMARY SMALL CLAIMS
PROCEDURE PROCEDURE
ejectment case but can Final, executory and
NOT final and be stayed upon timely unappealable. Only
executory as filing of Notice of Appeal remedy is Rule 65.
long as there is AND posting of
an appeal within supersedeas bond AND
the deposit of monthly
reglementary rentals
period.

RULE 6
 Complaint: states material allegations that support your claim and cause of
action.
 Answer: response to a complaint.
o It may contain the following:
 Negative defense: specific denial of facts essential to the plaintiff’s
cause of action. This is different from specific denial of allegation.
 Affirmative defense: basic material allegations are admitted which
give rise to the cause of action but it will nevertheless prevent or bar
recovery.
 If the affirmative defense used does not prevent or bar
recovery and thereby making the Answer to appear that it did
not tender an issue, the court can motu proprio order to
render a judgment on the pleading incorporated in the pre-
trial order. This is even without the motion for judgment on
the pleadings filed by the plaintiff.
 The ORDER of the court to render judgment on the pleading
CANNOT be appealed or be subject of certiorari. But the
judgment itself can still be subject to an appeal.
 Counter-claim: original defendant is a plaintiff and original plaintiff is
the defendant
 Cross-claim
 Counter-claim or cross-claim NOT raised shall be barred
under Rule 9, Sec. 2.
o Remedy: Rule 10 – a counter-claim or cross-claim
inadvertently omitted can be subject of amendment
WITH LEAVE OF COURT.
 Any pleading must have judicial affidavit, incorporate CTC of the documents
referenced, and affiant has personal knowledge of the same.
 Reply: not required unless the Answer contains an actionable document that
you must deny specifically under oath. Failure to do the latter will render the
actionable document to be deemed admitted with respect to its genuineness and
due execution.
 If the Answer does not contain an actionable document but there are new
allegations raised, the next course of action of the plaintiff to address those is to
file an amended complaint and NOT a Reply.
 Third-Party Complaint: defendant claim that there is another party ultimately
liable. To file this, leave of court is required. The third-party complaint will be
denied if:
(a) it covers extraneous matters
(b) court cannot acquire jurisdiction over the person of the third-party
defendant
(b) it tends to introduce new matters

Within 30 days from grant of leave, it naturally follows that the defendant must
serve summons to the third-party defendant. Otherwise, the defendant must file
a separate action against the third-party defendant. (Rule 6, Sec. 11)

 Rule 6, Sec. 5b: First group of affirmative defenses –

First Paragraph
o Fraud
o Statute of Limitations
o Release
o Payment
o Illegality
o Statute of Frauds
o Estoppel
o Former Recovery
o Discharge in Bankruptcy
o Any other matter by way of confession or avoidance
In these cases, the court MAY order summary hearing within 15 days from
filing of Answer (Rule 8, Sec. 12d). This is upon the discretion of the court and
NOT mandatory. After the hearing, the judge will have to resolve within 30 days.

Second Paragraph
o Lack of jurisdiction over the subject matter
o Litis Pendentia
o Res Judicata
However, in these grounds, while these can be ascertained in the pleading and
these were NOT mentioned in Rule 8, Sec. 12d, the judge may still conduct
hearing as a matter of discretion.

 Rule 8, Sec. 12: Second group of affirmative defenses -

o Lack of jurisdiction over the person of the defendant
o Improper venue
 o Lack of legal capacity to sue of the plaintiff
o Pleading fails to state cause of action
o Non-compliance of condition precedent
There is NO summary hearing in this case. The court will resolve motu
proprio the affirmative defense within 30 days.

Rule 15, Sec. 12: Motion for preliminary hearing on the affirmative defenses
is now a prohibited pleading.

Denied affirmative defenses cannot be subject to MR, certiorari, prohibition, or

mandamus. This goes the same for granted affirmative defenses but in case of the
latter, it can be subject to appeal.

 Negative Pregnant: a denial pregnant with an admission.

o Example: “Mr. X is a wine drinker.” “No. I only like Carlo Rossa”.

RULE 7
 Rule 7, Sec. 6: all pleadings should require the following:
o Judicial affidavit of witnesses
o Documentary and object evidence
o Summary of witnesses’ statements intended to be presented
 ONLY those judicial affidavits attached should be presented during
trial. Failure to attach the JA, GR, you are NOT allowed to present
any other witness during the trial EXCEPT for meritorious reasons.
 However, under Rule 18, Sec. 2: recognizes reservation of
evidence including testimonial evidence including the name and
position of the party, and the substance of purported testimony.
This applies to documentary and object evidence as well, by giving
a particular description of the evidence.
 Signature: It constitutes that the lawyer-
o Has read the pleading
o Based on his knowledge, information, and belief, formed after a
reasonable inquiry:
o Not presented for improper purpose
 To harass
 To leverage
 Cause unnecessarily delay
 Needlessly cause the increase cost of litigation
o The claims, defenses, other legal contentions are warranted by existing
laws or jurisprudence or by a non-frivolous arguments for extending,
modifying, reversing existing jurisprudence.
 o Factual contentions made on the pleading have evidentiary support
and denials are likewise warranted on the evidence or specifically
identified based on belief or lack of information.
Non-compliance on these, the court, upon motion or motu proprio may:
o Impose proper sanctions after notice and hearing
o May be referred to the IBP for disciplinary actions
o The law firm shall be solidarily liable with the lawyer
 Verification: verify only the pleadings required to be verified by the rules
o Examples:
 Complaint for ejectment (Summary Procedure)
 Case involving intra-corporate disputes
 Complaint with Preliminary Injunction
 Complaint with Preliminary Attachment
 Receivership, replevin, support pendente lite as part of initiatory
pleading
 Petition for Review (Rule 42 and 43)
 Petition for Review on Certiorari (Rule 45)
 CPM (Rule 65)
o Verification is NOT a jurisdictional requirement. It can be subject of
amendment.
o GR: Complaint is NOT required to be verified
o Contents of Verification (Affiant’s Certification):
 Allegations therein are true and correct based on his personal
knowledge or authentic documents on record
 GR: verification is signed by the client
 Case was not filed for improper purpose
 To harass
 To leverage
 Cause unnecessarily delay
 Needlessly cause the increase cost of litigation
 Factual allegations should have evidentiary support or could be
availed through modes of discovery
 Signature of the client will serve as truthfulness of the allegations
in the pleading
 Authorization of the affiant to act on behalf of the party, the
secretary’s certificate or SPA shall be attached to the pleading. The
contents of verification mentioned above must also be indicated in
the SPA.
 The verification must be signed by the affiant/party

 Certificate of Non-Forum Shopping: this is different from Verification.

o Rule 7, Sec. 5 provides that absence of CNFS will result to dismissal
WITHOUT prejudice. You CANNOT correct it by amendment.
 o It should contain:
1) No pending case involving the same fact and issue
2) Should you learn that there are case, commit to inform the court
within 5 days from knowledge
3) Inform the court of the update
o If the certification contains falsity, the case can be dismissed WITHOUT
prejudice to filing administrative and criminal charges (perjury). In addition,
the lawyer can be held indirect contempt.
o In case of non-compliance on the 3 items above, the lawyer can also be
subject to administrative, criminal charges, and indirect contempt
o Willful and deliberate forum shopping: clear on the allegations that the
facts and reliefs prayed for on both cases are the same. This could lead to
summary dismissal of BOTH cases without prejudice to administrative
complaint and direct contempt.
o All initiatory pleadings require CNFS
o PTA of St. Matthew Academy v. Metrobank: petition for writ of possession
is not accompanied by CNFS but there is already a foreclosure. The Court
held that there is no need for a CNFS because even if it is titled as a
“petition”, in reality, it is only a motion to take possession of the foreclosed
property.
o Racion v. MST Marine Services (2018): Is the CNFS fatally defective if it
was signed by Racion’s counsel without SPA or explanation of the client to
sign the certificate? Yes. It is sufficient ground for dismissal of the petition.
It cannot be considered as substantial compliance because it is required to
be based on personal knowledge of the party who executed the same. As
a rule, it must be the parties who must sign the CNFS. Otherwise, you
should have an authority under SPA or Secretary’s Certificate. The
contents of the CNFS need not be included in the SPA or Secretary’s
Certificate unlike in Verification.

RULE 8
 Rule 8, Sec. 1. (Old Rule): allegations shall be made on ultimate facts and devoid
of evidentiary matters
 Rule 8, Sec. 1 (New Rule): it must include evidence.
 Rule 8, Sec. 10 – Types of denial on the allegation:
o General denial: deemed admission
o Special denial of the allegation: denying specifically the paragraphs written
in the pleading (complaint).
o Lack of knowledge to form a belief as to the truth thereof
o Republic v. Sandiganbayan: allegation that the Marcoses have Swiss
accounts. They used the defense of lack of knowledge to form a belief as
to the truth thereof. The court said that such denial is tantamount to a
 general denial because the allegation is a matter that you can deny or
admit outright whether it is true or not.
 Rule 8, Sec. 7 – Actionable Documents; Requirements:
1. Refer to the text the substance or exact provision of the actional
documents
2. Attach the original copy of the actional document
To deny an actionable document, it must be specific denial under oath (via
verification or affidavit)
 General averment as to a decision made by the court without stating that the
court acted within its competent jurisdiction would suffice. However, if there is a
reference to a judgment or decision, a authenticated (CTC) of the same shall be
attached to the pleading.
 Malice, intent, or other conditions of the mind is to be averred generally. There
should be manifest or predicate acts in this case (Rule 8, Sec. 5)
 Fraud or mistake shall be alleged with particularity.

RULE 9
1. Objections or defenses NOT raised are considered waived. Except:
a. Litis pendentia
b. Res judicata
c. Prescription
d. Subject matter jurisdiction
2. Compulsory counter-claim failed to be raised amounts to waiver.
a. Remedy: ask for amendment
3. Default: failure to plead an answer within 30 days (15 days if Intervention).
a. This is to give time for defendant to prepare JAs, documentary and object
evidence, and summary of witnesses’ statements
b. Manuel v. Ong: to declare the defendant in default, the plaintiff must:
i. File a motion to declare defendant in default
ii. Give notice to the adverse party (Notice of Hearing NO longer
required now)
iii. Establish in that motion the proof of failure to file an Answer
c. Effect of failure to file an Answer: the court can already render judgment
based on the pleading or allow the plaintiff to present the evidence ex-
parte.
d. Consequence of declaration of default (Otero case):
i. You are ONLY entitled to notices but you CANNOT participate
during the trial
ii. Remedy for ORDER of default: file a motion to lift order of default
under oath stating the reason (grounds) such as extrinsic fraud,
accident, mistake, excusable neglect
 Pinausukan Seafood Restaurant case: extrinsic fraud is a fraud that
prevented the party from participating in the proceeding. This can
be committed by the opposing party.
  Mistake: e.g. filing in the wrong court
 Excusable neglect: this could not be avoided by ordinary diligence.
Mistake of the lawyer binds the client. Gross neglect is NOT
excusable.
 Effect of absence of defendant during pre-trail will render him in
default.
Saguid v. CA (2003): you don’t need to state that you have
meritorious defense to have your case be reinstated for being
absent during pre-trial.
e. Partial default:
1) Defendants with common cause of action and one of the
defendants failed to answer = plaintiff will not allowed to present
evidence ex-parte. The Answer will be considered by the court but
the defaulting defendants will still be entitled to notices ONLY.
2) If the cause of action is NOT common to all defendants = plaintiff
may be allowed to present evidence ex-parte as long as the cause
of action for defendants are separable.
f. Annulment of marriage – defendant cannot be declared in default despite
failure to Answer. It will be referred to prosecutor to investigate if there is
collusion then it must proceed to trial.
g. General default: there is NO defendant (e.g. petition for registration of land
– in rem case). There will be publication and once there are no oppositors
who appeared, the plaintiff can file a motion to declare general default.
However, it can still be subject to motion to lift based on the same grounds
above.
h. Judgment in case of default: if there is no hearing ex-parte, the award shall
NOT exceed the judgment prayed for or award unliquidated damages.
Otherwise, the court can award more than the prayer based on evidence
presented ex-parte.
i. Judgment by default:
i. Remedies for JUDGMENT by default (Lina v. CA):
 Motion for New Trial (not MR because you were not able to present
evidence)
 Appeal
 Relief from Judgment under Rule 38 if there is already an entry of
judgment
 Annulment of Judgement on grounds of (1) lack of jurisdiction; or
(2) extrinsic fraud
 Petition for Certiorari if there is grave abuse of discretion amounting
to lack or excess of jurisdiction

RULE 10
 Amendment: a request or application in court to introduce matters already
available at the time the pleading was filed. It is also used when there is an
allegation that you want to strike-out or to correct because of a mistake.
o When you file an amended pleading, the copy of the entire pleading
incorporating the amendments with appropriate marks shall be filed
together with the motion.
o As a matter of right: once before a responsive pleading is filed.
 Formal amendment: correction of typographical errors
 Substantive amendment: when it changes the cause of action.
Leave of court is NOT yet necessary here because it is still an
amendment as a matter of right.
 Defendant is entitled to 30 days to Answer the amended
complaint.
 Reply can be amended within 10 days from its service.
o Amendment by leave of court: amendment done after a responsive
pleading has been filed.
 Formal amendment: correction of typographical errors
 Substantive amendment: when it changes the cause of action. It
must be with leave of court.
 Defendant is entitled to 15 days to Answer the amended
complaint.
o Turner v. Turner: an amendment that will be made in order to give
cause of action to the complaint which originally does not have at the
time of filing is NOT allowed.
o Leave of Court to file an amendment shall be refused if:
 Intended to delay
 To confer jurisdiction – “to confer” in this case means to allow
the court to have jurisdiction NOT confer per se because
jurisdiction is conferred by law.
 Pleading states NO cause of action from the very beginning.

o Under the old rule, you have to amend the pleading to conform with
what was proven based on the evidence presented. But the present
rule now says that the court can still render valid judgment despite the
discrepancy of what was stated in the pleading and what was proved
based on evidence presented, even without amending the pleading
because it is already deemed amended by reason of proof of evidence.
 If the case was original filed with the MTC and it was later
proved based on evidence that the claim is higher and falls
within the jurisdiction of the RTC, the MTC will not dismiss the
case but it cannot award more than its jurisdictional amount.
 Remedy of the plaintiff: withdraw the case and file it to the
next level court.
 Supplemental Pleading: there were transactions/occurrences/events happened
after filing of the pleading.
o Adverse party may plead within 10 days (all other pleadings, Rule 10,
Sec. 6 ) from notice admitting the supplemental pleading. If specifically
what was admitted is a supplemental complaint, the period is 20 days
(Rule 11, Sec. 7).
o Effect once the court accepts the supplemental pleading: the previous
pleading is superseded by the supplemental pleading. However,
judicial admissions made in relation to the original pleading, it can still
be used against you despite it being superseded.

RULE 11
Reglementary Period:
Period to Answer Period to
Reply
Original Complaint 30 days, extendible once for another 30 15 days
days (this is the ONLY extension allowed
today)

60 days if defendant is foreign private

juridical entity with a gov’t official
designated by law to receive summons.
Amended Complaint (as Same as above. 15 days
a matter of right)
Amended complaint 15 days 15 days
(with leave of court)
Counter-claim 20 days
Third-party complaint Same as Answer to Complaint
Supplemental 20 days 15 days
Complaint
Supplemental Pleading 10 days
other than a complaint

 If counter-claim or cross-claim is ONLY available after filing of an Answer, you

can file a supplemental Answer with leave of court.

RULE 12
 Bill of Particulars: move for definite statements of any matter not averred with
sufficient definiteness or particularity. It is NOT enough that you identify the
defects but you must also state what is it that you needed to address such defect.
 The Court CANNOT do this motu proprio. It is NOT an authority given to the
judge or to the court.
 This is a litigious motion: it would prejudice the rights of the adverse party. The
adverse party can file an opposition or comment within 5 days. Thereafter, the
judge has 15 days to resolve.
 Reyes v. RTC of Makati: in ordinary cases, the failure to specifically alleged the
fraudulent acts does not constitute ground for dismissal since such can be cured
by a BoP. However, in cases governed by interim rules for intra-corporate
controversies, BoP is a prohibited pleading. Hence, it is essential that the plaintiff
show on the complaint what are the fraudulent corporate acts.

Bill of Civil Case Criminal

Particulars Case
When to file Any time before an Answer Any time
before
Arraignment
What the court 1. Deny
can do? 2. Grant
3. Hearing
If granted The adverse party (plaintiff) shall comply within
10 days from notice.

Options:
1. Bill of Particulars; or
2. Amended Pleading

Bill of Particulars forms part of the pleading.

If granted, 1. Comply; or
remedies of 2. MR; or
plaintiff 3. Rule 65, if the denial of MR is tainted with
grave abuse of discretion
If denied, 1. File an Answer; or
remedies of 2. MR; or
defendant 3. Rule 65, if the denial is tainted with grave
abuse of discretion
Effect of 1. Allegations may be stricken out; or
failure to 2. Complaint may be dismissed by virtue of Rule
comply 17, Sec. 3 – Failure to comply with the order of
the court (Verata v. Sandiganbayan
Period to file The remaining period in the 30-day period to
Answer Answer taking into account that the act that
cause the interruption is not included in counting
of the remaining period.
Example:
 Receipt of summons – March 31
 Last day to file an Answer (30 days) –
April 30
 Filed a Motion for Bill of Particulars (day
that caused the interruption) – April 14
 Remaining period to file an Answer – 17
days (remaining days to Answer still
include the day that you used to interrupt
the period from running)
 Bill of Civil Case Criminal
Particulars Case
If you filed it less than 5 days before the deadline
to file an Answer, you are still entitled to Answer
within 5 days.

NOTE: You also have 30 days from summons to

file a Motion to Dismiss (filing of a MTD is also
considered an interruption hence, the
computation of the remaining period is the same
as discussed above with respect to BoP).

If at a later time, the MTD has been denied, the

day that you received the Notice of Denial is
NOT the start of the resumption of the running of
the remaining period to file an Answer. Rather, it
will resume to run the next day.

If you filed the MTD less than 5 days before the

deadline, you are not entitled to a minimum of 5
days unlike in BoP. The remedy is to file a one-
time extension of 30 days to Answer.

RULE 13
 “Filing”: filing in relation to the court
 Service”: parties in relation to each other
o The court can also serve, such as serving copies of decision or judgment.
 Manner of Filing:
1) Personal (PRIORITY!!)
If you CANNOT serve personally, you must provide explanation to the
court at the bottom of the pleading.
2) Registered mail
3) Accredited couriers (express mail facilities)
4) Electronic mail/other electronic means so long as the court is
electronically-equipped
 When to know that the pleading is flied:
1) Personal – endorsed the date and time of filing (stamp)
2) Registered mail – date of mailing
3) Accredited couriers – date of mailing
4) Electronic mail/other electronic means – date of transmission so long as
there is proof that it was received on the other end
 Proof of Filing:
1) Personal – (a) appears on the records of the case; and (b) receiving copy
which has an endorsement on the face the date and time of filing.
2) Registered mail – (a) registry receipt, (b) affidavit of the person mailing, and
(c) return card. The return card must be filed in court.
 In case the entire document was returned, the (a) return card together
with (b) sealed envelope and (c) certification from the post office as to reason
for the return which are all to be filed in court.
3) Accredited couriers – (a) affidavit of the person mailing, (b) official receipt, and
(c) tracking number.
4) Electronic mail/other electronic means – (a) affidavit and (b) pleading that was
served electronically.

 Modes of Service (Rule 13 – service of anything EXCEPT summons; hence more

expanded):
1) Personal (PRIORITY!!)
a. To a party
b. His counsel
c. A person duly authorized as appearing in the pleading; or person of
sufficient age and discretion residing in party’s residence
If you CANNOT serve personally, you must provide explanation to the
court at the bottom of the pleading.
2) Substituted service – if there is proof of failure to serve by any other means
provided, the document will be filed in court stating the reason of failure to
serve it.
3) Ordinary mail
4) Registered mail
5) Accredited couriers
6) Electronic mail or facsimile – it shall be made if the party concerned
consented and parties agreed OR upon direction of the court. If facsimile, it is
by sending facsimile copy to the address of the counsel.
Note: Email addressed is presumed to be regular and valid. It is the lawyer’s
duty to inform the court of the change of email address within 5 days. This is
likewise to be observed if there is a change in the physical mailing address.
7) Other electronic means as authorized by the court as provided for in
international conventions to which the PH is a party
a. A.O. No. 251-2020 (The guidelines on the implementation in the PH of
the Hague service convention on the service abroad of judicial
documents Civil and Commercial matters ONLY.
i. In order for this AO to apply, the following requirements must
concur:
1. Service from one state-party to another state-party (both
states must be parties to the convention
2. Address of intended recipient is known
3. Document to be served is a judicial documents
a. Judicial document: orders, resolution, judgments,
other official documents issued by courts,
pleadings and other court submissions by parties.
4. Document relates only to civil or commercial matter
 Proof of Service:
1) Personal
a. Served by the person making the service – written admission (receiving
copy)
b. Served by the court – official return
c. When there is refusal to receive – affidavit of the party serving
containing the circumstances of service and reason of refusal
2) Substituted service
3) Ordinary mail – affidavit by the person serving
4) Registered mail – (a) registry receipt, (b) return card, (c) affidavit of the person
mailing
5) Accredited couriers – (a) affidavit, (b) official receipt, (c) tracking number
6) Electronic mail or facsimile – (a) affidavit, (b) proof of transmittal, (c) printed
copy
 Completeness of Service:
1) Personal – actual delivery
2) Substituted service
3) Ordinary mail – upon the expiration of 10 days after mailing unless the court
otherwise provides
4) Registered mail – actually received OR expiration of 5 days from first notice,
whichever comes first
5) Accredited couriers – actual receipt OR at least 2 attempts by the courier OR
expiration of 5 days from first attempt, whichever is earlier
6) Electronic mail or facsimile – if electronic mail, at the time of electronic
transmission of the document; if facsimile, upon receipt of the other party as
indicated in the facsimile transmission receipt
 Presumptive Service: it pertains to a court setting (notice of setting) ONLY.
o If addressee is within the judicial region and there is a showing that there
is a notice of setting released by the court, after the lapse of 20 days from
the release/time of mail, it is presumptively served.
o If addressee is outside the judicial region, after the lapse of 30 days from
release.

FINAL ORDERS THOSE FILED AND

DECISIONS, SERVED
ORDERS, CONVENTIONALLY
RESOLUTIONS
Modes of 1. Personal 1. Electronic* Initiatory Pleadings
Service 2. Registered Mail and Initial
3. Accredited *The document Response:
courier, ONLY electronically Filed or Served
upon ex-parte served shall be 1. Personal
motion of the retained and 2. Registered Mail
other party at the attached to the Note: electronic
latter’s cost record means not allowed
 FINAL ORDERS THOSE FILED AND
DECISIONS, SERVED
ORDERS, CONVENTIONALLY
RESOLUTIONS
4. Publication*, if unless otherwise
the service of provided by the
summons was court
made by
publication; at the Subpoena,
expense of the Protection Order,
prevailing party Writs:
1. Personal (sheriff)
*Reglementary 2. Substituted
period starts on Note: may be
the date of 1st electronically served
publication
Numerous
Pleadings or
Documents (sheer
volume):
1. Personal
2. Registered Mail

Confidential Files or
Documents:
1. Personal
2. Registered Mail

 Notice of Lis Pendens

o Notice to the world that the property is subject of a pending litigation
o How do we cause the annotation of a notice of lis pendens?
a. There should be an action affecting the title, right, or possession over a
real property
b. There is a written memorandum addressed to the Register of Deeds
where the property is located describing the nature of the action, the
title, area, particular details and the fact that you want the notice of lis
pendens be annotated (this is a ministerial duty of the register of
deeds).
o Defendant can also avail this if he filed an Answer with an affirmative
defense touching on the title, right, or possession of the property.
o Atlantic Erectors v. Herbal Cove: Inapplicability of certain actions to be
subject of lis pendens
 Money claims – even if the title of property is incidentally
affected
 Attachments – purpose is to secure judgment
 Execution – purpose is to satisfy judgment under R39
 Probate of Wills
  Administration of Estate of Deceased Persons
o In lis pendens, there must be a direct relation to the real property such as:
 Recovery of possession
 Enforcement of a lien
 Adjudication between conflicting claims of title, possession, or
right of possession
 Requiring its transfer or sale
o Grounds for cancellation of lis pendens: it requires an order from the court
1) Purpose is to molest the other party
2) It is not necessary to protect the right of the party who caused it to
be recorded
o Notice of lis pendens is founded on public policy. It is:
1) To keep the properties in litigation within the power of the court until
the litigation is terminated in order to prevent the defeat of the
judgment.
2) To announce to the whole world that the property is in litigation and
serve as a warning that the one acquiring the interest does so at his
own risk.
o Trial court has inherent power to cancel notice of lis pendens.
o Romero v. CA: Nothing in the rules which require that the party seeking
the notice of lis pendens must have an ownership over it.
o Heirs of Lopez case: when a lis pendens is proper (those directly affecting
the title, use, occupation of the property)
 Action to recover possession
 Action to quiet title
 Action to remove clouds
 Action for partition
o IMPORTANT! PD1529: notice of lis pendens should contain (1) the
statement of the institution of the action, (2) court where pending, and (3)
date of institution.

RULE 14
 Summons: within 5 calendar days from receipt of initiatory pleadings, it is the
duty of the clerk of court to issue summons.
 Who can serve summons?
o Sheriff
o Deputy
o Court Officer
 If there is failure of service of summons, the court may authorize the plaintiff to
serve the summons together WITH the sheriff
 If the defendant is outside the judicial region, whether or not there is failure of
service, the plaintiff may serve summons authorized under SPA to be shown to
the court and further authorized by the latter. This is served WITHOUT the sheriff.
 If the plaintiff misrepresented the service of summons to the court, it bears the
following effects:
o Dismissal of the case WITH prejudice
o All proceedings will be null and void
o Meted with appropriate penalty and sanctions
 If the summons is returned unserved on any or all of the defendants, the plaintiff
may be tasked by the court to serve summons on any other means based on the
rules. Non-compliance of the plaintiff will lead to dismissal WITHOUT prejudice.
 Validity of summons: remain valid until duly served unless it is recalled by the
court.
 In case of loss or destruction of summons only will there be an alias summons.

SERVICE OF SUMMONS TO A NATURAL PERSON

 Tender of summons: by leaving the summons within the view and in the
presence of the defendant.
 Under the new rules, spouses has to be served summons individually and
separately. For minors or mentally incapacitated, serve to guardians or guardians
ad-litem.
 Substituted Service:
o Defendant’s Residence: to a person at least 18 years of age, with
sufficient discretion, and residing therein
o Defendant’s Office: to competent person in-charge (President/General
Manager) including the one who customarily receives
correspondences
o If there is refusal of entry upon making known his authority and purpose: to
the head of security of homeowners’ or condo, OR officers of
homeowners’ or condo
 S4, R14 states that service of summons must be made to the address indicated
in the complaint. However, Sansio Phils. v. Sps. Mogol pronounced that personal
service may be served anywhere in the PH wherever they may be found.
 Illustration: Process

3 attempts on
Impossible 2 separate
Service dates
 S16, R14: service upon someone whose whereabouts and identity is unknown
(individual)
o Serve summon by publication
o Involves any action (in personam, in rem, quasi-in rem)
o De Pedro v. Romasan Dev’t.: preferred service of summons is personal
service whether action in personam or quasi-in rem. You can only resort to
service by publication if there is diligent effort to serve personally and it is
still unsuccessful based on the return. It must be shown that there is an
effort to look for the defendant within 90 days. The order of publication
should also show that the Answer should be no less than 60 days.
o There is NO corresponding requirement to serve the summons, order, and
complaint in the last known address.
 S17, R14: extraterritorial service (individual)
o Applicable to:
a. Involves personal status of the plaintiff
b. Involves property of a non-resident defendant located in the PH
c. Involves interest or a lien over a property located in the PH
o It involves actions in rem or quasi-in rem
o Service by publication coupled with registered mail of the order, summons,
and complaint to the last known address or other manner the court may
deem sufficient or that which is provided in international conventions to
which the PH is a party (Hague Convention).
o Crescencio Arrieta v. Arrieta: The court ordered service by publication in
newspaper of general circulation. The plaintiff’s service of summons by
publication was made in San Pedro Express. Later on, defendant
appeared and asked for annulment of judgment due to lack of jurisdiction
over his person due to improper service of summons and for failure to
send to the last known address of the defendant. The Court held that there
is proper service of summons under the phrase “other manner the court
may deem sufficient” as provided in the Rules.
 S18, R14: resident temporarily out of the PH
o Service by publication coupled with registered mail of the order, summons,
and complaint to the last known address or other manner the court may
deem sufficient or that which is provided in international conventions to
which the PH is a party (Hague Convention).
o Substituted service of summons
SERVICE OF SUMMONS TO A JURIDICAL PERSON
 Gemperle v. Shenker: SC allowed substituted service of summons even if the
defendant is a non-resident of the PH because the spouse is a resident of the PH
and the latter has been an atty-in-fact in another case involving the non-resident
husband.
 Domestic juridical entity: those incorporated in the PH. Personal service can be
made to:
1) President
2) General manager
3) Managing partner
4) Corporate secretary
5) Treasurer
6) In-house counsel WHEREVER they may be found

In case of their absence or unavailability, to their respective secretaries (by

nature, a substituted service)
If it cannot be made on the foregoing, it may be served to the one who
customarily receives correspondences for the corporation.
In case there is refusal to receive summons, there should have been 3
attempts in 2 separate dates before electronic service of summons be made if
authorized by the court.

 Foreign juridical entity

1) Foreign private juridical entity doing business in the PH
a. Any of directors or trustees in the PH
b. Any of officers or agents in the PH
c. Gov’t official designated by law to receive summons
2) Foreign private juridical entity not registered in the PH
Service of summons should always be WITH leave of court. Modes:
a. Personal service coursed through appropriate court in the foreign
country with the assistance of DFA
b. By publication once in newspaper of general circulation where the
defendant corporation may be found and serving a copy of summons
and court order in the last known address of the defendant
c. Facsimile
d. Electronic means
e. Other means the court may direct
 Improper service of summons to an individual
o The court can deputize the lawyer of the defendant to serve summons to
his client when:
a. Summons was improperly served
b. The lawyer is appearing on special appearance without submitting to
the jurisdiction of the court
 c. There is a question on the validity of service of summons
 Return: narrative of what transpired during the service of summons. The sheriff
must make a Return within 30 days from issuance of summons and furnished a
copy of the Return to the plaintiff within 5 days.
 S20, R14: What should appear in the Return when there is substituted service of
summons:
o There was impossibility of prompt service within 30 days from issuance of
summons
o Date and time of 3 attempts on 2 separate dates and details of inquiries
o If substituted service was successful, (1) the person 18 y/o with sufficient
discretion residing therein, (2) person in-charge of office, or (3) head of
security in case of condo/homeowners.

 The Court will consider summons served by publication upon presentation of the
following affidavits:
o Affidavit of publication from the editor or publisher
o Affidavit of deposit of copy of the summons or order to the post office for
the mailing to the last known address (If S17, R14)
 Voluntary appearance: seeking relief means you are submitting to the jurisdiction
of the court.
 Proof of Service of Summons by Electronic Mail:
o Print-out of said email
o Copy of summons actually served
o Affidavit of person mailing/Return of the sheriff

RULE 15
 There is NO MORE notice of hearing in motions in the PH!
 Motions: not a pleading because it does not lay claims and defenses but in a
loose sense it is like a pleading because it has a caption, title, and relief. It must
be served upon the other party.
 It is the duty of the court that when there is a motion made in an open court
whether in hearing or trial, the judge must resolve it immediately. However, when
the motion is based on facts not appearing on the record, he could require
the parties to submit affidavits and deposition.
 Litigious Motion:
o Period to comment on the motion is 5 days.
o It is the court’s duty to resolve it within 15 days from expiration of 5 days
or after filing of comment.
o This is court’s discretion to call a hearing on the motion.
o Examples:
 Bill of Particulars
 MTD
 MR of Judgment of Court (R37)
  MNT (R37)
 Motion for Execution Pending Appeal (R39) pending appeal
 Motion to Amend Responsive Pleading
 Motion for Intervention
 Judgment on the Pleading/Summary Judgment
 Demurrer to Evidence
 Motion to Declare Defendant in Default
 Motion to Lift Declaration in Default
 Non-litigious motion: it does NOT prejudice the right of the other party
o The other party need not to comment and the judge must resolve within 5
days from receipt of the same
o Examples:
 Motion for issuance of alias summons
 Motion for extension to file an answer
 Motion for postponement
 Motion for issuance of execution of judgment as a matter of right
 Motion for issuance of writ of possession
o BUT If the motion appears to be prejudicial to the adverse party, they may
file a comment within 5 days.

 Prohibited Motions:
o MTD (except 4 grounds)
o Motion to hear affirmative defense
o Motion to suspend proceedings (if there is no preliminary injunction/TRO)
o Motion for extension of time (except only 1 time for an Answer)
o Motion for postponement (except force majeure, acts of God, physical
inability of the party or witness to appear to testify)
 S13, R15: Granted affirmative defense on the following grounds may be
APPEALED because it is a dismissal WITH prejudice- PURE
o Prescription
o Unenforceable under statute of frauds
o Res judicata
o Claim or demand Extinguished or paid/waived/abandoned
 However, in S12, R8: those granted affirmative defenses on the following may
NOT be appealed but can either be refiled because dismissal is WITHOUT
prejudice or be subject to Rule 65 (MR is not allowed in this case as it is
prohibited with the rules)-
o Lack of jurisdiction over the person of the defendant
o Improper venue
o Lack of legal capacity to sue of the plaintiff
o Pleading fails to state cause of action
o Non-compliance of condition precedent
 Motion to Dismiss: limited on the following grounds- SR LP
o Lack of Subject matter jurisdiction
o Res judicata
o Litis pendentia
o Prescription

If MTD denied, the remedies are (1) to file an Answer within the remaining
period, (2) file an MR, (3) Rule 65 since it is an interlocutory order

If MTD granted and the ground is lack of subject matter jurisdiction,

the remedy is Rule 65 because it can still be refiled. But if the ground is either
res judicata, litis pendentia, and prescription, the remedy is appeal since it
can NO longer be refiled.

RULE 17
 Dismissal by the plaintiff:
o Before the Answer is filed: the plaintiff may simply file a Notice to
Dismiss. The effect is it is dismissed WITHOUT prejudice. However, once
you refile it and you once again move for its dismissal, the subsequent
dismissal of the refiled case will be an adjudication on the merits (2-
dismissal rule).
o After the Answer is filed: plaintiff may move for dismissal by a Motion
for Dismissal. The dismissal of the principal action will NOT result to
dismissal of counter-claim. The dismissal will be WITHOUT prejudice
UNLESS otherwise stated by the court.
 GR: the counter-claim may be continued on a separate action
 EXN: the defendant manifest within 15 days from receipt of the
motion for dismissal of the plaintiff that he would like to prosecute
the counter-claim on the same action. (Benefit: no need to pay filing
fees)
o Dismissal due to the fault of the plaintiff:
 Plaintiff fails to appear during the presentation of evidence in chief
 Fails to prosecute in an unreasonable length of time
 Failure to comply with an order of the court
 Joint Motion to Dismiss of the Parties: it happens such as in cases when they
already reach a compromise. It is also possible that they MAY ask that the
dismissal be WITH prejudice.
o They may also attach a motion to approve the compromise agreement. In
essence, the parties are asking to render a judgment on the case.
o If the other party refuses to comply with the compromised judgment, you
NO longer need to refile because you already have a judgment. So you
 only need to file a motion for execution within 5 years; beyond 5 years, a
motion for revival of judgment.

RULE 18
 Pre-Trial: Purpose-
o Manifest to the court that you are willing to compromise or settle.
o Make a brief statement of your case and relief in the PTB.
o Summary of admitted facts in PTB
o Summary of proposed stipulations (once accepted, it amounts to
admission)
o Simplification of the issues (factual and legal issues to be tried)
o Propriety of referral to a commissioner
o Names of the witnesses to appear and the summary of their testimonies in
PTB
o Brief statement of points of law and citation

Judicial Affidavits (submit 5 days before Pre-Trial; failure to submit,

excludes the JA)
Pre-Trial Brief (Prepare and ensure receipt 3 days before Pre-Trial)
Preliminary Conference (3-5 days before Pre-Trial; done w/
Clerk of Court for the markings and manifest to the record
that the photocopies are faithful reproduction of the
original)
Complaint ---------------------
 30 days to Answer

Pre-Trial  CAM (Mediation by Mediator for 30 days)

 JDR (Conciliation by the Judge of Another Court for
15 days)  Pre-Trial Order (w/in 10 days from
termination of Pre-Trial)
Answer ------------------------
 within 5 days, duty of the court will issue Pre-Trial Notice setting the date of Pre-Trial
 Pre-Trial Date: w/in 60 days from filing of last responsive pleading (Answer/Reply/Rejoinder)

 Failure of the plaintiff to submit pre-trial brief will have the same effect as
absence during pre-trial. Failure to provide a reason for non-submission, it will
result to a dismissal of the case and it will be an adjudication on the merits.
o Remedy: file an MR

 Failure of the defendant to submit pre-trial brief, the plaintiff will be allowed to
present evidence ex-parte.
o Remedy: Saguid v. CA - file an MR on the grounds of fraud, accident,
mistake, excusable neglect supported by an affidavit under oath. You no
 longer need to say that you have meritorious defense since you already
filed an Answer.

 Effect of failure to appear of either party without just cause during the pre-
trial:
o There is waiver of objections to the faithfulness of the reproductions
marked on their genuineness and due execution. You can no longer object
on the comparison of the photocopy from the original documents.
 Failure to bring the document despite attendance on pre-trial; effect:
o There is waiver of presentation of such document
o Hence, it is wise to include the reservation of testimonial (name or position
and nature of testimony), object and documentary (description) evidence
in the pre-trial brief.
 Failure of the plaintiff AND counsel to appear during pre-trial WITHOUT valid
cause = dismissal of action WITH prejudice.
 Failure of the defendant AND counsel to appear during pre-trial WITHOUT
valid cause = allow plaintiff to present evidence ex-parte w/in 10 calendar days
from termination of pre-trial.
 Valid causes on failure to appear on pre-trial brief: (1) acts of God, (2) force
majeure, and (3) physical inability to attend.
 Non-appearance at the CAM and JDR = deemed non-appearance at the pre-
trial, hence, suffer the same consequences stated above. (Section 5)
 The direct testimony of witnesses for the plaintiff shall be in the form of judicial
affidavits. After identification of such affidavits, cross-examination shall
proceed immediately. (Section 7)

 Guidelines of Pre-Trial and Modes of Discovery of 2004 (now incorporated on the

ROC): the following must be observed during trial and must be indicated in the
PTO-
o One-Day Examination of Witness Rule: on day of the hearing, the
witness must be presented on direct, cross-examination, redirect, and
recross.
o Most Important Witness Rule: order of preference that the witness will
be presented in order not to delay the proceedings of the court

 Judgment After Pre-Trial: PTO can contain a statement that the judge may
make a judgment on the pleadings or summary judgment.
o no more controverted facts
o no more genuine issue as to any material fact
o absence of any issue
o answer fails to tender an issue (ex. defenses of rebus sic stantibus/physical
impossibility and caso fortuitio to an action for collection of rentals, since RSS is available
only for obligations to do, and caso fortuito does not extinguish obligations to deliver a
generic thing)
 If there is such, the judge has 90 days to render a decision, with or without
position papers or memoranda. The inclusion of such order is NOT subject to
appeal or certiorari (S2 R34 and S3 R35) but can be questioned through an MR.
The judgment itself is still subject to appeal.

RULE 19
 Intervention: you need to establish first legal interest in success of either party or
against both parties. Legal interest = complainant-in-intervention should have an
own cause of action; defendant-in-intervention should have a defense of his own.
o Mortgage lien is not a sufficient legal interest to intervene
 When to file: any time before rendition of judgment in the trial court (Ginggoyon
case). However, in the interest of justice and sound discretion of the appellate
courts, they may grant an intervention and also to prevent multiplicity of suits.
 It requires leave of court.
 GR: once there is already a judgment, you can no longer intervene.
o EXN: if the intervenor is an indispensable party, the court may allow
intervention despite judgment.
RULE 21
 Subpoena ad testificandum: to appear and to testify
 Subpoena duces tecum: to bring in court documents, books, papers, whatever
the court requires you to bring including detailed and definite description of the
same.
o Roco v. Contreras: requisites of valid subpoena duces tecum-
1) Test of relevancy: books, documents, or documents appear to be prima
facie relevant to the case
2) Test of definiteness: books reasonably described by the parties
In this BP22 case, the court ruled that the gravamen of the offense is the
act of making or issuance of worthless check or dishonored check upon
presentment. Hence, the books and documents subject of the subpoena
does not meet the relevance test despite satisfying test of definiteness.
 Who can issue?:
o Judge where the case is pending
o Court where the deposition is to be conducted
o Ombudsman
o Office of Prosecutor
o Quasi-Judicial Agencies of the Gov’t.
o Justices of the SC
 A person in prison can still be subpoenaed. However, those who are convicted of
life imprisonment or reclusion perpetua, only upon the authority of the SC.
 Sec. 4, Rule 21: How to quash a subpoena-
o Subpoena duces tecum:
 Quash on the ground of unreasonableness, oppressive, and
irrelevant. Oppressive = no reasonable definiteness because it
becomes inquisitorial as to the documents.
 Failure to tender the cost of production of the document, witness’
fees (e.g. transportation fees), and kilometrage (distance of the
person subpoenaed MUST be WITHIN 100kms to the court;
otherwise, he CANNOT be subpoenaed. Contempt and arrest will
not apply in this case. The remedy is to use deposition under R23).
o Subpoena ad testificandum:
 You are not bound thereby (i.e. atty-client privilege, doctor-patient
privilege, trade secrets, marital disqualification).
 Bench Warrant: court’s power to cause an arrest if the person does not comply
with subpoena orders.
 A court where an action is NOT pending may issue an subpoena upon proof of
service of notice to take deposition for deposition-taking purposes. It is sufficient
authorization for CLERK OF COURT to issue subpoena ad testificandum.
o EXN: subpoena duces tecum should ALWAYS be an order of the COURT.

RULE 23
 Deposition Pending Action
o Written interrogatories: comparison of R23 and R25
RULE 23 (Deposition de bene esse) RULE 25
Oral Deposition Deposition Pending Interrogatories to
Action Parties
Party/Non-Party Party/Non-Party Party
1. Direct – JA can be 1. Direct written Questions from the
also used here when interrogatories – person who is supposed
the court allows. submitted by the to call the adverse party
2. Cross proponent on the stand.
3. Redirect 2. Cross written
4. Recross interrogatories (filed
w/in 10 days from
The questions will be direct written
propounded in the interrogatories)
presence of the 3. Redirect written
deposition officer. interrogatories (5
days from cross)
4. Recross written
interrogatories (3
days from redirect)

All of these questions

will be collated and
given to the
deposition officer.

Note: if there is error

or irregularities in the
FORM, you can
question it provided it
is raised immediately
(e.g. if there is
problem with the
Direct, raise it before
making the Cross);
otherwise, it is
waivable.

 People v. Sergio and Lacanilao (2018 and 2019 case): Lacanilao is a recruiter of
the “Mary Jane Veloso” case involving her as a drug mule in Indonesia. There
was an application for written interrogatories under Rule 23 to take her
deposition. The RTC granted the application. However, CA applied strictly R119
S12, S13, and S15, and reversed the RTC. However, the SC said that R23 can
be applied suppletorily in criminal cases because of the exceptional
circumstances affecting the Mary Jane Veloso case. There is already
substantial compliance in order not to deprive due process to the government.
 This is only a judicial pronouncement and it does not alter the rules on criminal
procedure.
o Note: there is NO provision in our law covering deposition-taking in
criminal cases before an information is filed in court.
 When to apply: filing of answer is already irrelevant today. You can apply to take
deposition upon ex-parte motion of a party under R23 and R25.
 Scope of examination: Both R23 and R25, the scope involves any matter that is
relevant so long as it is NOT privileged.
o Limitations (Sec. 16 and 18, Rule 23):
 Privileged
 Irrelevant
 Intended to annoy, embarrass or oppress the deponent
 Uses of deposition (both R23 and R25):
1) To contradict/impeach the testimony of a witness (i.e. prior inconsistent of
statement)
2) For any purpose
Note: if you use a portion of a deposition, the other party can require you
to present the rest of the deposition.
3) If the witness is already dead, his previous deposition can be presented in
lieu of his actual testimony in court.
Note: R130, S49: testimony or deposition given in another proceeding (1)
who’s already dead, (2) whose presence cannot be procured with
exercised with due diligence, and (3) not found in the PH, can be
presented in a judicial or administrative proceeding provided there was an
opportunity to cross-examine.
4) The witness is unable to attend due to sickness, infirmity, or fact that he is
in prison.
5) Party is unable to procure a witness despite a subpoena.
6) Other such exceptional circumstances that exists.
 Persons before whom depositions can be taken:
Within the PH:
1) Judge in the PH
2) Notary public or any person in Sec. 14 who can administer oath AND
stipulated by the parties

Outside the PH:

1) Consul, vice-consul, consul-general, and secretary of immigration
(ambassador is excluded because he is in-charge of political affairs and not
civic, socio, economic affairs)
2) Letters Rogatory or Commission
Dulay v. Dulay-
a. Letters Rogatory: from one court in the PH to court in Boston, USA. If
entertained by the Court in Boston, it is the said court that will take the
 deposition and the rules of Boston will apply. In this case, the letter
rogatory was ignored by the Boston court.
b. Commission: appointment of a PH court following the rules of
deposition in the PH. Due to inaction of Boston court, the complainant
went to notary public in New York which was later authenticated and
accepted by PH courts due to substantial compliance.
3) Any person authorized to administer oath AND stipulated by the parties
 Disqualification of Deposition Officer:
1) Related to the party/employee/counsel within 6 degrees of
affinity/consanguinity
2) Financially interested
Under R23 S29, ground for disqualification must be raised immediately
otherwise, it will be waived.
 Error and Irregularities:
o Form of Deposition - you can question it provided it is raised immediately
(e.g. if there is problem with the Direct, raise it before making the Cross);
otherwise, it is waivable.
o Manner of Taking Deposition – S17, 19, 20, 21, and 22 of R23 – the
procedure must be followed. Failure to follow such will result to a motion to
suppress deposition under R23, S29. This applies to both oral and written
depositions. This is also waivable if not timely raised.
o Lack of Notice – there must be notice before taking of deposition. This
error or defect is waivable if not timely raised.
 Martinez v. Somera: complaint by Somera alleging that she was the rightful
owner of parcel of land unlawfully transferred in the name of Martires. She
instituted reivindicatoria and publiciana action to recover the same. She claimed
she filed a motion to conduct deposition upon oral examination to be assisted by
DFA. Trial court granted in which the deposition will take place on Sept. 27 & 28,
2007. The adverse party claimed that there is no sufficient notice of the
deposition-taking. The Court ruled that the petitioner was notified since that the
counsel was sufficiently informed and the latter even declared that the petitioner
is in US on the date of taking of deposition. Hence, there was notice.

RULE 24
 Deposition Reimemoriam (Before Action): perpetuation of testimony
o Superseded Rule 134.
 Deposition Before Action – sole purpose of the filing of the action is to perpetuate
the testimony.
o Venue: where the would-be adverse party resides
 Deposition Pending Appeal – there is already a final judgment
o A motion must be filed in court that rendered the judgment unless the
jurisdiction was already transferred to the appellate court (then it must be
 filed with the latter), with notice to the other party. The motion is a non-
litigious motion. Motion must contain:
 Name and addresses of the person to be examined and substance
of their testimony
 The reason for perpetuating their testimony
o Importance: failure to serve written interrogatories, you CANNOT take
deposition pending appeal.

RULE 25
 Interrogatories to Parties:
o Uses – same as R23
o Manner of Application – same as R23
o Addressed to party
o Series of written questions only; no need to cross, redirect, and recross
o You can object to the taking within a period of 10 days.
o Thereafter, if you want to respond, you have to do it within 15 days.
o No party WITHOUT leave of court shall serve more than 1 set of written
interrogatories to be answered by the same party.

RULE 26
 Request for Admission: intended for the other party to admit a material or
relevant fact or genuineness of certain documents.
o Reason: to shorten the proceedings. Once admitted fact or document’s
genuineness, it will no longer need to be proved/authenticated.
o Refusal to respond would amount to implied admission.
o If you want to object or respond to the request, the period is 15 days. If
you object, the requirement to respond is held in abeyance.
 Contents of response:
a) Deny the matters
b) Admit the same – it can ONLY be used for the purpose of the
pending action ONLY and NOT to constitute admission for
any other purpose.
 A party who fails to serve request for admission will NOT be allowed to prove
certain facts or to present evidence.
 Failure to respond is an implied admission. If matters in an admission has been
previously covered or denied, you no longer need to deny it again.
 DBP v. CA: Citing Po v. CA, the party should not be compelled to admit matters
of fact already admitted on his pleading and to make 2 nd denial of those who were
already denied.
 Manzano v. Despabiladares: during pre-trial conference, there has been an
agreement that the petition should offer to stipulate showing an itemized list of
construction materials delivered including the price. In compliance, the petitioner
 instead filed a request of admission but the defendant failed to answer. Hence,
the defendant impliedly admitted that it has received the materials.

RULE 27
 Productions of Books, Papers, and Documents: only available if it is not
privileged.
o Medical records from lab diagnostics must be qualified:
 If the test was done under the instruction of the patient’s doctor to
give advice or treatment = privileged
 If no requirement by the doctor = not privileged
 Rule 27 includes entry or exit the premises to survey or photograph.

RULE 28
 Physical or Mental Examination: the court can order this ONLY upon motion on
good cause that the physical or mental condition is in controversy.
 When the one subjected to the physical or mental examination requested for a
copy of the results, it would allow the opposing party to request past medical
examinations. If you refuse to deliver, the court may make an order to deliver but
if the doctor still refused to comply, the latter’s testimony of your doctor in court
later on will be excluded.

RULE 29
 Arellano case and Sec. 1, Rule 29: the courts could first issue an order to compel
you to answer the deposition. Non-compliance would lead to contempt.
 Sec. 3, Rule 29: If the deponent still does NOT want to answer despite the order,
thereby making no compliance with Rule 27 and 28, it has the following
consequences:
o There can be an order that you will not be allowed to establish your claims
o Order refusing you to allow to support your claims or defenses
o Certain allegations in your pleadings will be stricken out which could lead
to dismissal (plaintiff) or judgment by default (defendant)
o In lieu of the above, order your arrest (except if the mode of discovery is
Rule 28, arrest NOT a consequence)
 Sec. 5, Rule 29: Failure to comply with Rule 25, Interrogatories to Parties, will
have the following consequences:
o There can be an order that you will not be allowed to establish your claims
which could lead to dismissal (plaintiff) or judgment by default (defendant)
 Because of your refusal to admit, thereby incurring additional costs on the party
seeking admission in order to authenticate the same, you will later on shoulder
the costs if it is proved that the admission being sought is true.

RULE 30
 Schedule of trial
 o The presentation of evidence of the plaintiff should be no later than 30
days from the termination of pre-trial.

If demurrer is denied, you CANNOT

file an appeal or certiorari but you
can file an MR. If granted, case will
be dismissed. Plaintiff can file MR
Demurrer: 5 days to and appeal (ONLY in civil case NOT
comment; 15 days to criminal).
resolve by court.
Filing of demurrer does not need
leave of court in civil cases.

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 There can only be postponement if based on:

o Force majeure
o Acts of God
o Physical inability of the witness to attend
o Sickness or illness of party or lawyer (Requisites)-
 When the illness is of such a nature that would render non-
appearance excusable
 His presence is indispensable
 Aside from summary judgment or judgment on the pleading, the court can also
render judgment without trial if the parties agreed to stipulate uncontroverted
facts. In this case, the court may order filing of memorandum.

 Who is to receive evidence?

o GR: Judge
o EXN: Clerk of court when delegated by the court or when the parties so
agree such as in-
 Default cases
 Ex-parte presentation of evidence
 Registration of piece of land without oppositors

RULE 32
 Any matter can be referred to a commissioner if the parties agree
 If the parties do not agree, the court may upon motion or on its own motion can
still refer the matter to a commissioner when:
o Examination of long account
o When taking an account is necessary for the information of the court
before judgment
o Facts arising outside of the pleadings or upon motion at any stage of the
case

 Order of Reference: will dictate the conduct of the proceedings such as powers
and duties of the commissioner. If provided here, they can also determine
admissibility of evidence.
 The commissioner must be under oath.
 The commissioner is to submit a report. Within 10 calendar days, the parties shall
be notified of the report in order for them to comment. Thereafter, the court has
the duty to:
o Conduct hearing;
o Accept the report;
o Reject the report;
o Accept a portion or reject the rest; or
o Recommit it to the commissioner

 Rule 67 – appointment of commissioner as a mandatory stage in expropriation to

determine just compensation.
 Rule 69 – appointment of commissioner when the parties do not agree to their
respective share in partition case.

RULE 31
 Consolidation
o Quasi-consolidation: consolidated only for purposes of trial
 Testimony or deposition taken for one case cannot be used in the
other case. It can only be used if it complies with Rule 130, Sec. 49
– the deposition was subjected to a cross examination.
o Absolute consolidation: cases are consolidated fully
 The cases will be consolidated to the case with the lowest docket
number (usually the one first filed). Judgment of the case affects all
the cases.
o Not a remedy if there is forum shopping
o There can be separate trials subject to discretion of the court
RULES 34 and 35
JUDGMENT ON THE PLEADINGS (R34) SUMMARY JUDGMENT (R35)
Answer does NOT tender an issue or No genuine issue as to a material facts
otherwise admits the material allegations of (i.e. the denial is false or a sham)
the complaint (cause of action was in effect
admitted and you did not raise a defense).
Litigious motion
Always a full judgment Partial or full judgment
Plaintiff, after an Answer has been filed Plaintiff, after an Answer has been
filed; or Defendant, any time
Limited to what is in the Complaint and Aside from Complaint and Answer, you
Answer can also file other documents

 After filing summary judgment, the other party must file a comment within 5 days.
 Whether Rule 34 or 35, any action of the court CANNOT be subject of an appeal
or certiorari. You can file an MR as to the order of the act of the court availing
Rule 34 and 35.
 Mongao v. Pryce Properties Securities: a complaint for rescission on damages in
connection with properties which defendant allegedly purchase from petitioner.
Pryce does not want to continue payment upon discovering that Mongao is only a
trustee of the property which belongs to his family. Thereafter, Mongao filed a
judgment on the pleadings. However, the SC ruled that the refusal to tender
payment is justified solely to Mongao. If there is still a disputed fact, you
CANNOT file judgment on the pleading.
 HDMF v. Sagun: case involving Globe Asiatique and Delfin Lee. In this case, a
summary judgment was filed and there was a partial summary judgment. The
Court held that a partial summary judgment can be subject to certiorari because it
was in a category of separate judgment. Certiorari is the right remedy because
judgment being partial still has not disposed the entirety of the case; hence in the
nature of an interlocutory order.

RULE 36, 37, 38 and 47

 Judgment (Rule 36)
o Should state the fact and the law on which it is based
 A retired judge can no longer render a judgment.
 SC held that it is not required that the judge who heard the case should be the
one to render a judgment (in cases of retirement, etc.)
 Entry of judgment will be on the next day after the last day of the reglementary
period to appeal. This will make the judgment final and executory.
 If there is a judgment against a non-juridical entity, it shall be set out in the names
of individual members of the said entity.
 WITHIN
Reglementary OUTSIDE
Grounds Reglementary Period
Grounds
Period (15 or
30 days*)
WITHIN 6 months

Contrary to law Fraud (Extrinsic)

RULE 38
MR** Damages excessive Petition for
Relief from Accident
Not supported by
Judgment***
evidence
* Mistake
Fraud (Extrinsic)

Excusable
Accident
Judgment AFTER 6 months Negligence
MNT*** Mistake

Excusable RULE 47
Fraud (Extrinsic)
Negligence Annulment
Newly Discovered of
Evidence Lack of
Judgment***
Jurisdiction
Appeal Rules 40 to 45 **

Notes:
* - 15 days if Notice of Appeal, 30 days if Record on Appeal

** - Motion for Reconsideration (Rule 37)

 MR is a litigious motion.
 The other party must file a comment within 5 days. Thereafter, the court will
have to resolve it within 30 days. In CA or SC, 90 days.
 Fresh period rule applies – after denial of MR, the party have a new 15 days
to file an appeal (Neypes doctrine).
 There is NO motion to extension to file an MR (Habaluyas Enterprises case).
 Filing a second MR is PROHIBITED.
 Effect: the court will set aside the judgment, deny or amen

*** - Motion for New Trial (Rule 37)

 Fresh period rule applies – after denial of MR, the party have a new 15 days
to file an appeal (Neypes doctrine).
 It is not enough to just allege the grounds for MNT. You need to support it with
Affidavit of Merit.
 Extrinsic Fraud – a fraud not found in the pleadings.
 o Pinausukan Seafoods case: extrinsic fraud is the one committed by the
adverse party that prevented the party to participate in the
proceedings.
 Newly Discovered Evidence – you also need an Affidavit of the witness (JA)
or an authenticated copy of the evidence to be submitted with MNT.
 You can file a second MNT so long as the ground is not available on the first.
 Effect: the original judgment will be vacated and then the court will conduct a
trial de novo. Recorded evidence that can still stand and is relevant will
remain in the record without the need of re-taking it.

**** A. Petition for Relief from Judgment (Rule 38)

 You must be a party to file it.
 You must file it in the court that rendered the judgment.
 Filed within 6 months from Entry of Judgment AND within 60 days from
knowledge (6 months is the limit so if you discovered it late and the 6 months
is about to expire, then you only have the remaining days of the 6 months and
not the entire 60 days to file).
B. Petition for Relief from Denial of Appeal
 You were prevented from filing an appeal due to FAME
 You must be a party to file it.

Alaban v. CA: involves settlement of estate. Even if the complainants (other

heirs) were not named in the case as parties, the court ruled that they are
deemed parties by reason of publication of the settlement of the estate. They
should have filed petition for relief from judgment instead of the annulment of
judgment.

***** - Annulment of Judgment (Rule 47)

 This is an original action in the CA to annul the judgment of the RTC. If it is
the judgment of MTC that you want to annul, you must bring it to RTC.
 The ground of lack of jurisdiction does not only pertain to subject matter
jurisdiction but also to lack of jurisdiction over the person of the defendant.
 It may be filed by a party or non-party to the case.
 Other grounds provided by jurisprudence:
o Makawahig case: when an indispensable party was not included. In
this case, it is not res judicata because it is the judgment itself that is
being impugned by the petition for annulment of judgment.
o Lack of due process – the party was not given the opportunity to
participate in the case.
 Period to file:
o If the ground is Extrinsic Fraud – 4 years from discovery
o Lack of jurisdiction – before you are barred by laches
  Because it is an original action, it must be verified and there must be a
certificate of non-forum shopping. It must also include JA. You can also pray
for damages and attys fees.
 If the court finds prima facie merit to the petition, the court will issue
summons. Since there are summons, an Answer must be submitted within 30
days. Procedure in ordinary civil cases shall be observed. You are only
entitled to 1 extension to file an Answer.
 The reception of evidence can be delegated to the RTC by CA.
 Effects:
o If granted – there will be a judgment that the judgment in questioned
will be null and void without prejudice to refiling of an action. However,
if ground to set aside is extrinsic fraud committed by the plaintiff, the
court may on motion, order the trial court to try the case (trial de novo).
o Prescriptive period for refiling is interrupted from the time the original
case was filed until annulment of judgment. However, it is NOT
deemed interrupted if the ground is extrinsic fraud done by the plaintiff.

RULE 40 to 45
ORDINARY APPEAL (RULE 40 and 41)
A. MTC  RTC (appellate jurisdiction)
1) File Notice of Appeal (alleges that you received a decision, there is a
reglementary period, and payment of docket fees) to the MTC within 15 days.
If you file an MR first, fresh period rule applies. After filing of Notice of Appeal,
the records of the case will be elevated to RTC; or

2) File Record on Appeal within 30 days. This is not subject to extension except
when the court orders an amendment of the record of appeal.

This is used in certain cases like multiple appeals, special proceedings,

certain cases in settlement of estate, allowance or disallowance of a will the
value of estate not exceeding 400K, and who should be heirs. Record on
appeal is used if there is still a case that will be left in the original jurisdiction.

Record on Appeal: compilation of all the orders of the court and

pleadings filed in the court subject to court’s approval. Hence, the perfection
of appeal is reckoned from the approval.

B. RTC (court of original jurisdiction)  CA

1) Notice of Appeal filed to RTC (other notes same as above)
2) Record on Appeal – an example would be an expropriation case because
once the RTC rendered an order of expropriation, the determination of just
compensation is still to be done by the RTC. (other notes same as above)

Differences between A and B above:

 In A:
1) In A, even if not raised as an issue, the RTC can examine the entire records of
the case and then render judgment.
2) In A, if the MTC rendered a decision dismissing the case for lack of jurisdiction
and the RTC upon review found that it has jurisdiction, it can hear and try the
case as if it has been originally filed to it.
3) In A, the appellant will have to file an appellant’s memorandum within 15 days
to the RTC and then the appellee, an appellee’s memorandum also within 15
days. Thereafter, RTC will render a decision.
o If the appellant does not file a memorandum, appeal will be dismissed.

In B:
1) In B, if the appellant’s brief does not have an assignment of errors, the CA will
not examine the entire records of the case because they are ONLY bound to the
assignment of errors.
2) In B, if the RTC rendered a decision dismissing the case for lack of jurisdiction
and the CA upon review found that RTC has jurisdiction, it will remand the case
to the RTC.
3) In B, the appellant will have to file an appellant’s brief within 45 days to the CA
and then the appellee, an appellee’s brief also within 45 days. Then, the
appellant can file an appellant’s reply brief within 20 days. Thereafter, CA will
render a decision.
o If the appellant does not file a brief, appeal will be dismissed (Rule 50).
o If the appellant does not file within the reglementary period, appeal will be
dismissed.
o If the appellant does not pay the docket fees within the reglementary
period, appeal will be dismissed.
o Note: If there is NO reference on the records or table of contents, the case
may be dismissed

PETITION FOR REVIEW (RULE 42 and 43)

C. MTC  RTC  CA = the case originated from MTC which was elevated to
RTC (filed Notice of Appeal or Record on Appeal to the MTC); and then
further elevated to CA (Petition for Review filed in the CA) within 15 days.
It is a petition in the nature of appeal. Extension may be allowed here
subject to payment of docket fees within the reglementary period.
Second extension of time?
GR: Not allowed.
EXN: Most compelling reason

D. Quasi-Judicial Agency  CA =
 Rule 43 is NOT a closed list of the QJA where the case may originate.
Note that there are certain government agencies that would require a different
procedure such as:
1) HLURB – must be appealed to the OP first before going to CA.
2) NLRC – remedy is NOT Rule 43 but Rule 65 (St. Martin Funeral
Homes case). Reason is judgments of NLRC are final and executory
per Labor Code; hence, that there is no appeal or any plain speedy
remedy.

Similarities between C and D:

1) Both are petitions
2) Same reglementary period
3) Verification
4) Certificate of non-forum shopping
5) Issues
6) Parties
7) Explanation
8) Service to the other party
9) Attach the questioned decision
10)Attach pertinent portions of the records

Difference between C and D:

1) In D, since it did not originate from the court, all attached records or pleadings
must be certified true copy. In C, only the attached questioned decision must be
CTC.

PETITION FOR REVIEW ON CERTIORARI (RULE 45)

 This is an appeal by certiorari.
 This is the only way to go up to the SC in a civil case on pure questions of law.
 In criminal cases:
o GR: petition for review is the only way to go up to the SC
o EXN: cases of life imprisonment, death, or reclusion perpetua (automatic
review)
 RTC  SC = allowed if pure question of law. If there is question of cause of
action or evidence, it is not allowed to go directly to SC since you have to go to
CA first.
 SB  SC = allowed in certain criminal cases.
 CTA  SC = only if the decision came from CTA en banc.
 CA  SC = yes, whether it is reviewing it on ordinary appeal or petition for
review.
 Period to file: 15 days. One-time extension of 30 days allowed if there is
compelling reason and coupled with payment of docket fees within the
reglementary period.
 Contents of the Petition:
o Basic allegations
o Parties
o Issues
o Court that rendered the decision need NOT be impleaded since it is an
appeal and NOT Rule 65 based on pure questions of law.
o CNFS
o Verification
o Attached questioned decision
o Explanation on Service other than Personal Service
o Affidavit of Service
o Establish the timeliness in the body of the petition to show that you are
filing within the reglementary period.
Note: Absence of any of these may result to dismissal of the case.

RULE 46, 48, 49, 51, 52 and 53

ORIGINAL CASES
46  47  48  49  51  52  53
 Original Cases in the CA (Rule 46)
o CPM, QW, HC, WA, WHD, WK, WCM
 The CA will not issue summons to defendant but will come up with resolution
requiring the respondent to take action. To acquire jurisdiction, it must be shown
that (1) this resolution has been served; or (2) the defendant submitted to the
jurisdiction of the court.
 Responsive pleading in CA is a Comment filed within 10 days.
 CA Divisions can conduct hearings. Receiving of evidence can be delegated to
the RTC.
 CA can conduct Preliminary Conference (Rule 48) akin to Pre-Trial to have
admissions and stipulations.
 Only original cases in CA are orally argued (Rule 49 – Oral Argument). Sec. 3 of
this Rule states that you cannot file a motion for hearing to the CA.
 Appellate courts have its own rules on judgment (Rule 51).
o It should state the fact and law on which it is based.
o The CA makes a decision by Divisions of 3. Unanimous votes of 3 is
required to promulgate judgment. If there is dissenting justice, the case will
be referred it to the Chairman and then to Presiding Justice to re-raffle to
create Divisions of 5. Thereafter, votes of majority will suffice to
promulgate judgment.
o The CA promulgates judgment in this manner: after deliberation and
signing of the Justices in the Division, the ponente will forward the decision
to the Clerk of Court of the Division for signing and then forwarded to Clerk
of Court of the CA.
 Motion for Reconsideration (Rule 52) is allowed within 15 days. Second MR is
NOT allowed. MR will be resolved by the CA within 90 days.
 Motion for New Trial (Rule 53) – sole ground: newly discovered evidence from
the time the appeal is perfected and so long as the CA has jurisdiction (case is
pending with the CA).

APPEAL
 Rule 41 – Ordinary Appeal
 Rule 42 – Petition for Review (RTC (appellate jurisdiction)  CA) (e.g. ejectment
case review)
 Rule 43 – Petition for Review

RULE 50
 Grounds for dismissal of cases in the CA:
o You did not file within the reglementary period
o You did not file appellant’s brief
o You did not pay docket fees within the reglementary period
o You filed appellant’s brief but did not make assignment of errors
o You did not put table of contents
o You did not make page reference on the record
o You did not file CNFS

RULE 56
ORIGINAL CASES
46  48  49  51  52
 Original Cases in the SC
o CPM, QW, HC, WA, WHD, WK, WCM (Adopting Rule 46)
o Constitutionality of a law, tax imposition, treaty, ordinance, executive
agreement
o Actions against members of the bench and the bar
o Actions against ambassadors, ministers, ministers-plenipotentiary
 You cannot file annulment of judgment (Rule 47) in SC.
 SC can conduct preliminary conference (Rule 48)
 SC allows oral argument (Rule 49)
 Rule 51: In the SC, they decide in divisions of 5. A majority vote would suffice.
Promulgation of decision in the SC is same with the CA.
o Only the SC can sit en banc to render a decision unlike the CA which can
only sit en banc for administrative purposes.
o If SC en banc cannot reach a vote in an original case, the case will be
dismissed. In case of appeal, the decision of the lower court will stand
affirmed.
 MR (Rule 52) is allowed in the SC.
 MNT (Rule 53) is NOT allowed in the SC. However, they can still exercise
discretion to entertain such.

APPEAL
48  51  52
 Rule 45 – Petition for Review on Certiorari

RULE 39
 Execution
 As a matter of right
o When the losing party decides not to appeal, file an MR or MNT.
o When after series of appeals, it reached the SC after filing an MR.
o The decision is already final and executory
o It is a non-litigious motion
o Scenario I. RTC rendered a decision
 File a Motion for Execution to RTC (court of origin)
 You don’t need to append CTC of the judgment
o Scenario II. RTC  appealed to CA  appealed to SC which rendered the
decision affirming RTC decision. MR is denied.
 File a Motion for Execution to RTC (court of origin that rendered
decision)
o Writ of Execution is always issued by Court of Origin. This is the one
brought by the sheriff. The motion triggers the writ.
o The CA and SC can also issue a writ in original cases decided by them.
o GR: you cannot stop a motion for execution as a matter of right unless
there are supervening events that would render the decision render
nugatory.
 You cannot post a bond to stop motion for execution as a matter of
right.
 Discretionary Execution
o RTC  appeal to CA
 So long as the records are with the RTC, RTC can still entertain
your motion for execution (discretionary execution)
 If the records is already elevated to the CA, file the discretionary
execution to the CA.
 There should be good reasons to file a discretionary execution such
as:
i. Assets of the company is to be depleted
ii. The subject of the controversy is to be completely destroyed or
deteriorated
iii. Receivership cases
o If it is denied, you can file Rule 65 but you cannot appeal.
o You can stop a discretionary execution by posting a bond.
 GR: if there is an appeal, you cannot move for execution. An appeal stays an
execution unless injunction, receivership, accounting, support, or cases by nature
which are executory.
 Sec. 6, Rule 39: How to enforce a judgment that is already final and executory
Writ*
Entry of Judgment ----------------------- 5 years -------------------------- 10 years**
Motion Independent Action***

Note:
* - Writ will have an effective life of 5 years (Sec. 40, Rule 39).
** - A judgment shall prescribe after 10 years
*** - The venue of the independent action is dictated by the nature of the
judgment.
o If award involves award of title, possession or interest of real property –
place where the real property is located.
o If the judgment involves personal rights – place where the plaintiff or
defendant resides, at the option of the plaintiff

 Maria Perez v. Manotoc Realty (2019): for meritorious grounds, the court may
allow filing of motion for execution even beyond 5 years.
 Writ of Possession following an extra-judicial foreclosure not enforced within 5
years does not mean that you need to file an independent case to enforce it
beyond 5 years.
 How to Execute: MEMORIZE Sec. 9, 10 and 11!
 Money Judgment (Sec. 9)
 Generally, no contempt because there are different ways to satisfy
the money judgment
 Process:
a) After issuance of the writ, the sheriff should make a demand from
the losing party to pay within a reasonable time.
b) If the losing party can pay, he must pay it to the obligee or his
representative. If the latter is not around, the sheriff can receive it
and then turn it over to the clerk of court who will deposit it for the
account of the obligee.
c) If the party cannot pay, the sheriff can now levy real or personal
property. The obligor will always have to be given the choice which
property. If he does not make a choice, personal property including
money (garnishment) will have to go first.
 The holder of the funds, upon receipt of the garnishment, will report
within 5 days to the court whether or not there are available funding.
If there is sufficient funds, the court will order release of funds within
10 days which will be applied for the satisfaction of judgment.
  In terms of levy of real property, you cannot appropriate it. It will be
subjected to public sale (Sec. 15 to 34, Rule 39).
 Note: you can execute a family home. The prohibition is only to the
extent provided under the Family Code.
 If your property is the subject of a mortgage, the prohibition on
execution will not apply if the subject execution is due to the
mortgage.

Levy of Real Property (Public Sale)

1) There should be notice to the public and notice to the obligor
Notice to the Public - it would depend on the nature of the property.
 Perishable goods – 3 notices in 3 public conspicuous places
 Personal property – notice not less than 5 days in 3 public
places
 Real property – posting of such fact of sale for 20 days in 3
public places. If the assessed value exceeds 50K pesos, there is
a need for publication.
Note: Order of sale without notice – you can be held liable for
punitive damages.
2) Certificate of sale
 In case of perishable goods and personal property capable of
manual delivery – as a GR, certificate of sale is not needed.
o EXN: when the purchaser requests or desires.
 Personal property not capable of manual delivery – you will
need a certificate of sale.
 Real property – certificate of sale is needed indicating
description of the property. Only in real property that there is a 1
year redemption period.
3) If the purchaser does not want to pay, the court may order him to pay
including the losses and he can be held liable for contempt.
4) If the subject of the sale has a claim of a 3 rd person, such claim must
be indicated in the certificate of sale.

Third-Party Claim
Sec. 16, Rule 39 - Sec. 14, Rule 57 - Sec. 7, Rule 60 -
Execution Attachment Replevin

Claimant/ Bond Third-Party Claimant

Judgment Obligee Serves Affidavit of Claim
Executes

Sheriff

Property
 If the Judgment Obligee Effect: upon service of In Rules 57 and 60, the
wants to continue affidavit, it interrupts the Claimant or the TPC
execution despite the execution. can vindicate his right
affidavit served by the either in the same or
TPC, he must file a bond In Rules 57 and 60, the separate action because
in favor of the TPC. Claimant or the TPC there is no final
can vindicate his right judgment yet.
In Rule 39, the either in the same or
Judgment Obligee can separate action because
vindicate his rights in the there is no final judgment
same or separate action. yet.
However, TPC can only
vindicate his rights in a
separate action.
Redemption Period
 1 year from registration of certificate of sale
 Only real properties
 The judgment obligor or redemptioner can exercise it. Once the
judgment obligor redeems, there can be no other subsequent
redemption.
 If judgment obligor redeems, he must make the payment as
required to effect a redemption by a redemptioner.
EXECUTION MORTGAGE
Judicial (Rule 68) Extra-judicial (Act
3135)
Redemption Period: 1 Redemption Period: Redemption Period:
year GR: not less than 90 1 year
days nor more than 120
Possession – Judgment days (Equity of Possession –
Obligor Redemption) Mortgagor
Profit/Rents – Judgment EXN: if a law provides a Profits/Rents –
Obligor longer period, that law Mortgagor
would be followed.
Judgment obligor
CANNOT change the Possession –
nature of the property Mortgagor
that would amount to a Profits/Rents –
waste. Mortgagor

BY VIRTUE OF BANKING LAWS:

APPLIES ONLY TO EXTRA-JUDICIAL

FORECLOSURE OF MORTGAGE (IF
JUDICIAL, RULE 68 APPLIES)
Scenario A. Lender/Mortgagee: Bank;
Borrower/Mortgagor: Juridical Entity

Redemption Period: 90 days OR registration of

certificate of sale, whichever comes first.
 Possession – Bank or Purchaser.

APPLIES TO BOTH JUDICIAL AND EXTRA-

JUDICIAL FORECLOSURE OF MORTGAGE
Scenario B. Lender/Mortgagee: Bank;
Borrower/Mortgagor: Person

Redemption Period: 1 year

Possession – Bank or Purchaser. If the

mortgagor wants to have possession, he must
file a bond.

 Specific Act (Sec. 10)

 The court can require you to do something.
 Generally, there is no contempt here because there are
alternative ways to execute it as ordered by the court.
 Order of Conveyance
 If you do not want to comply, the court has the power to
designate someone to do it. If the person designated still
does not want to comply, the court can order
conveyance.
 Order of Sale of Property
 Order of Conveyance of Personal Property
 Order to Vacate
 If there is a refusal to vacate, he can be held in contempt.
 If you have left the premises and returned or induces
someone to return, there is indirect contempt.
 Order to Remove Improvement
 There should always be special order of demolition. Mere
writ of execution is not enough.

 Special Judgment (Sec. 11)

 The writ of execution should have a CTC of the judgment.
 This is special because it is only you who can perform.
 If there is refusal to perform, there can be contempt.

 Remedies available to a purchaser who was not able to take possession of the
property he won as highest bidder (Sec. 34, Rule 39):
1) Recover the amount in the same action
2) Recover the amount in a separate action
3) He could have judgment revived under his own name – he steps into the
shoes of the judgment obligee (revival of judgment).
 Remedies if you cannot really execute (Sec. 40, Rule 39):
1) Have the obligor, judgment obligor, or debtor of the judgment obligor be
examined. The court can issue subpoena.

The properties identified during examination of the obligor should be applied

to the satisfaction of judgment. However, with respect to the debtor of the
judgment obligor, the service of the order shall be bind all credits due to the
judgment obligor and all money and property in their possession.

The debtor of judgment obligor can make direct payment to the obligee.

It is also possible that the payment will be on installment with the requirement
that there be a showing that the income could satisfy the expenses based on the
needs of the family. If there is failure to pay, it would expose the judgment obligor
to indirect contempt.
2) If there are real or personal properties in the custody of persons whether as
mortgagor or mortgagee other than the obligor, if it can be established without
controversy in the court which has jurisdiction, the receiver may be ordered by
the court to sell and covey the real estate of the obligor in order to be applied to
the satisfaction of judgment (Sec. 42, Rule 39).
3) Persons in custody of properties of judgment obligor but they have an interest
adverse to him, the court can issue an order requiring judgment obligee to
recover such interest or debt within a period of 120 days. Should he fail, he can
be held liable for contempt.

 Effects of Judgment
o Domestic Judgment
 It is conclusive as to specific things:
 Probate of will
 Title to the thing
 Letters of administration of estate
 Personal, political, or legal conditions or status of person or
his relationship
 However, it is only prima facie as to the death pertaining to probate
of will or letters of administration.
o Res Judicata
o Conclusiveness of Judgment or Preclusion of Issue
 Illustration: a contractor of building to be constructed was sued due
to lapse of time that the construction is not finished (rescission of
contract). After hearing of the case, the contractor won declaring
that there was no breach on his part; thus, he can continue as a
contractor.
 Subsequently, contractor engaged subcontractors which
encountered new problems with respect to subcontractors’ works. A
new suit was filed.

The validity of contract as to the matter of breach by the

contractor can no longer be revisited per res judicata. But the
obligation of the subcontractors and the incidental obligation of the
contractor in picking the erring subcontractors can still be resolved
because it is independent on the matters of the contractor contract.
 Foreign Judgment
 It is conclusive as to the title of specific thing
 It is only presumptive as to the rights of the parties and their
successors-in-interest
 Foreign judgment cannot be immediately be enforced in the PH. It
will still be subject of a petition of enforcement of judgment. It is an
action incapable of pecuniary estimation; hence, it is under the
jurisdiction with the RTC.
 The PH court will have to determine whether:
 Whether there is jurisdiction
 Whether there is notice
 Whether there is a presence of collusion between the parties
 Was there mistake of fact or law
 Was there fraud
 The foregoing only affects a foreign judgment but NOT an arbitral
award.

 If the one claiming that he is exempt from execution is a juridical entity (losses in
the AFS), the exemption does NOT apply to a juridical entity. Exemption only
applies to natural persons.

START OF PROVISIONAL REMEDIES – RULE 57: PRELIMINARY ATTACHMENT – UP TO RULE 61: SUPPORT
PENDENTE LITE (deemed excluded in the reduced bar coverage)

START OF SPECIAL CIVIL ACTIONS – RULE 62: INTERPLEADER – UP TO RULE 64: REVIEW OF JUDGMENTS OR
FINAL ORDERS OR RESOLUTIONS OF COMELEC AND COA (deemed excluded in the reduced bar coverage)
SPECIAL CIVIL ACTIONS
RULE 65
 Case originated from a tribunal, board, or officer
 Concurrent jurisdiction: RTC, CA, SC
 Period to file: 60 days
 Period extendible?
o GR: No
o EXN: Compelling reason
 If there is an MR, after denial of MR, you are entitled to the fresh period of 60
days to file Certiorari under Rule 65.
Nature of CPM
CERTIORARI PROHIBITION MANDAMUS
Requisites 1. Grave abuse of 1. Grave abuse of In mandamus, there
discretion amounting discretion amounting is a law that
to lack or excess of to lack or excess of requires
jurisdiction jurisdiction performance.
2. No appeal or any 2. No appeal or any
plain, speedy plain, speedy remedy
remedy
To prevent an act.
Note:
Certiorari is not a Prohibition will NOT
remedy for a lost lie if the act is already
appeal. done.

Jurisprudence: even
if it is titled as
Petition for
Certiorari, if it is filed
within the period to
file Rule 45 appeal
and there are
allegations or issues
or errors of
judgment, the court
may consider it as
an appeal despite
being worded as
Certiorari.
Purpose To question To prohibit/prevent To compel
Who would Gov’t agencies, public officers, tribunal
commit
Period 60 days 60 days 60 days
Matters that Judicial/Quasi- Judicial/Quasi- Ministerial
can be judicial judicial/Ministerial
corrected
 PDIC – is performing quasi-judicial agency. Its action must be questioned before
the CA.
 In Rule 65, you have to implead the respondent government agencies despite
them being nominal parties. Being nominal parties, they are not required to
answer unless the court orders them.
 Mandangan v. Rufino Dela Cruz (2018): What is the proper remedy to assail the
Ombudsman decision absolving the respondent of a charge in an administrative
case (dismissed case)?
o Dismissal, suspension of 1 month, salary of fine, reprimand, censure
rendered by Ombudsman is EXECUTORY under the Ombudsman Law =
remedy is Rule 65 before the CA.
 CIR v. Sec. of Justice (2018): if the dispute is between government agencies
(whether GOCCs or gov’t agencies), appeal should be made first to the Sec. of
Justice. SOJ has exclusive jurisdiction over all disputes between the gov’t and
GOCCs.

RULE 66
 Quo Warranto
 It is an original action.
 Concurrent jurisdiction: RTC, CA, SC
 Venue:
1. If filed in the RTC – residence of the respondent
 If the it is the Solicitor General who would institute the action, it
must be before the RTC of Manila
 This is a prerogative writ. The primary party that can institute this action is the
government. The principal party is the Republic as represented by the SolGen.
 Grounds:
1. Usurpation or intrudes or unlawful holding of public office
2. By reason of the act you have deemed to have forfeited the office
3. Association as a corporation within the PH without having been legally
incorporated.
 How Should It Be Instituted
1. By SolGen or Prosecutor, if the President directs.
2. Upon sufficient complaint, if the SolGen finds good cause or reason to
institute the case
3. By the SolGen, if upon the relation of another person
4. By the aggrieved party, if he claims to be entitled to the office
 Liban v. Gordon: the action can only stand so long as there is
showing that he is entitled to the office; otherwise, the action will be
dismissed
 Duty of the Person Declared to be Entitled to the Office
1. Demand all books, papers, and documents in the possession of the
usurper
 Refusal of the usurper would be liable for contempt
 2. Be placed under oath
3. Post a bond
 Prescriptive Period: 1 year from discovery of the cause
 Damages: the person usurped of office can recover damages if filed within 1 year
from the entry of judgment.
 Arroyo v. CA (2019): if it was established that you are not eligible for office (i.e.
falsified college records), you do not have the right to institute a quo warranto
action under Sec. 5, Rule 66.
 Sereno case: SC held that if it pertains to his actions while already in office as
CJ, that cannot be subject of QW. However, if it pertains prior to her holding of
office – minimum qualifications/requirements expected of her to submit – if non-
compliant and will disclose that it is not reflective of his integrity to sit in office, it
can be subject of QW.
 In one case, the SC held that if there is a corresponding legislative franchise of a
corporation, it is not only required that you have authorization or incorporation
with SEC. If there is failure to comply with the legislative franchise which is a law,
in a certain period of time, the right to perform or act as corporation based on that
franchise is put to question and can be subject of QW. (NOT ABS-CBN case,
since that was dismissed)

RULE 67
 Expropriation: it deals with a public purpose. It is the taking of property in
exchange of just compensation for public purpose. The ascertainment of
necessity of public purpose must precede or accompany not follow the taking of
the land.
 City of Manila v. Arellano College: the necessity within the rule does not mean an
absolute but only a reasonable or practical necessity such as would combine the
greatest benefit to the public with the least inconvenience or expense to the
condemning party or the government and property owner.
 Masikip v. City of Pasig: there is no public purpose. The ordinance taking the
property only intends to benefit the homeowners association which is a private
non-profit association and not the residents of the barangay.
 National government expropriating is a superior power. Power of LGU is inferior
that is why it requires an ordinance.
 Who may expropriate:
o Gov’t
o Any of its instrumentalities including LGUs
 Who may be defendant:
o Owner of the land
o Lawful occupant
 Under Rule 67, the government can take immediate possession by paying the
assessed value of property for purposes of taxation (in case of non-gov’t
infrastructure project).
 o However, when it is the LGU expropriating, they can take possession after
paying 15% of the FMV of the property.
o If it is a government infrastructure project, the basis must be the proffered
value.
 Even before expropriation, the government should have made an offer to
purchase it. If it is unsuccessful, that is the time to file an action for expropriation.
 If the defendant does not object to expropriation, you only need to file a
Manifestation or Entry of Appearance. Otherwise, you need to file an Answer.
Grounds not raised in an Answer will be considered waived.
 The Order of Expropriation is not a subject of certiorari. The remedy is to file
Record on Appeal because this is a case with multiple appeals.
 Before Order of Expropriation, the government can change its mind to
expropriate (Royman v. City of Manila and Delos Angeles v. MWSS). Likewise, if
there is already an Order of Expropriation AND the public purpose is no longer
present, the expropriation can still be withdrawn by the petitioner (Republic v.
Heirs of Borbon).
 Personal Property can be expropriated. The jurisdiction lies with the RTC since
expropriation cases are incapable of pecuniary estimation (determination of
whether or not there is a right to expropriate).
 Stages:
1. Expropriation
2. Determination of Just Compensation – this is a mandatory stage.
There should be at least 3 disinterested commissioners to ascertain
report and determine just compensation (same process with Rule 32).
 Any conflicting claims on the property being expropriated will not stop the
expropriation proceedings. The court may determine the issue of ownership for
purposes of expropriation but such determination is only provisional.
 How To Determine Just Compensation
o Consequential Damages less Consequential Benefits, in no way the
benefits > the damages.
 The recording of judgment of expropriation shall vest title to the plaintiff. There is
no need to transfer title in favor of the Republic.
 If public purpose is no longer present, you may withdraw the expropriated
property from the government plus payment of damages you have suffered in
case the latter already took possession of the property.
 Once the judgment of expropriation has been final and executory but the
government cannot pay just compensation, after lapse of 5 years of non-
payment, the return of property was allowed in one case decided by the SC.
o Ideally, the national government should have an appropriation for the
payment of just compensation and the LGU should have an allotment.
 Execution pending appeal is not lie against the government in case of
expropriation.
RULE 68: FORECLOSURE OF REAL ESTATE MORTGAGE – UP TO RULE 71: CONTEMPT (deemed excluded in the
reduced bar coverage)
CRIMINAL PROCEDURE

JURISDICTION
 The basis of jurisdiction is the period of imprisonment of the offense.
o > 6 years – RTC, regardless of fine or accessory penalty
o =< 6 years – MTC, regardless of fine or accessory penalty
 Offenses that have their respective courts of jurisdiction as provided by law:
o Libel – RTC
o Violation of IPL – RTC
o Violation of DDA – RTC
 SC Circular 09-94: Instances wherein the penalty for the crime is just a fine-
o > 4k pesos – RTC
o =< 4K pesos – MTC
 Jurisdiction over the person of the accused
o Acquired by voluntary surrender or arrest
 Summary Procedure – Criminal cases
o Violation of rental law
o Violation of ordinances
o Violation of traffic laws
o Where the imprisonment does not exceed 6 months
o Fine not exceeding 1k pesos
o Criminal negligence with damage not > 10k pesos
 Small Claims With Respect To Civil Aspect Of Criminal Case
o Due to the amendment, civil aspect of criminal case is already removed
from Small Claims

Lupon Tagapamayapa
 This is a requirement before you file a case in court.
 If the imprisonment does not > 1 year, you have to go to the lupon.
o Unjust vexation
o Malicious mischief
o Slight physical injuries
o Prostitution
 Does not apply when:
o Case is coupled with preliminary injunction
o Warrantless arrest
 Requirement:
o You should be resident of same barangay OR adjoining barangays within
the same city

Hold Departure Orders

 It is only the RTC where the case is assigned that can issue this.
 MTC Judge is not allowed to issue HDO.
 Sandiganbayan can issue HDO (Defensor-Santiago case)
 Precautionary HDO
o It happens when the case is not yet in court but is still pending before the
Office of the Prosecutor. The public prosecutor, upon finding probable
cause, can apply for an HDO in the court where the crime has been
committed.
 DOJ can no longer issue a HDO.
 Family court can issue a HDO in connection with a minor whose custody is in the
determination of the court.

Sandiganbayan
 It has jurisdiction over officers who is at least SG27 (PD1606, as amended) and
the crime committed is:
o RA 3019
o Bribery
o Indirect Bribery
o Similar Offenses under the RPC
 It also has jurisdiction over the following who committed the crimes above-
mentioned despite the officers having a salary below SG27 (as provided by law):
o City treasurer
o Assessor
o Sangguniang Panlungsod
o Sangguniang Panlalawigan
 Those whose salary are at least SG27 or those enumerated in the law (PD 1606,
as amended) OR even those whose salary is below SG27 but the crime
committed is in relation to the office falls under the Sandiganbayan jurisdiction.
o Without the office, the crime would not have been committed
o Examples:
 Malversation
 Acquisition of land disadvantageous to the gov’t

 Serana case: those who are officers or trustees of State Universities, presidents,
directors and officers of GOCCs would fall under the Sandiganbayan jurisdiction
despite their salaries being below SG27.
 If the allegation will establish conspiracy, all officers will be charged in the SB so
long as one of them has a SG27. This also applies even if their co-conspirator is
a private contractor.

 1M Threshold:
o If the claim for bribery or resulting damage to the gov’t > 1M committed by
those whose salary is SG27 or those provided by law (PD1606, as
amended) = Sandiganbayan jurisdiction.
 o If the claim or damage does NOT > 1M even if committed by those with
SG27 = RTC, subject to SB appellate jurisdiction.

Ombudsman
 It is NOT a court. It is a quasi-judicial agency.

 Powers:
o It can motu proprio conduct investigation without a complaint having been
filed
o Conduct preliminary investigation to determine if there is probable cause
for purpose of filing an information with the courts
o Determine administrative liability of a public officer; dismiss, suspend,
censure a public officer
o It can prosecute through its ancillary office – Special Prosecutor. They
appear in Sandiganbayan to prosecute cases against public officers.

 Remedies:
o Administrative case decisions rendered by the Ombudsman – Rule 43
before the CA
 However, if the case was dismissed and the sanctions are:
1) Reprimand
2) Censure
3) Forfeiture of Salary
4) Suspension of 1 month
These decisions are executory and the appeal is NOT a remedy.
The remedy is Rule 65 before the CA.
o Criminal case: finding of probable cause by the Ombudsman – Rule 65
before the SC.

Solicitor General
 Counsel of the State before the CA and SC
 If before the MTC or RTC, it is the Public Prosecutor that represents the State
 In cases of acquittal in criminal case, the offended party CANNOT question the
acquittal without the conformity of the SolGen. Copies of pleadings will have to be
served upon the SolGen.
o Remedy in case of acquittal: Petition for Certiorari under Rule 65

Office of the Prosecutor

OMBUDSMAN OFFICE OF THE
PROSECUTOR (DOJ)
Powers 1. Investigation motu proprio 1. They CANNOT conduct
2. Determine probable cause in investigation. It is within the
criminal cases NBI’s powers (under the DOJ)
3. Determine administrative 2. They can determine probable
 liability cause
4. Prosecute 3. They can conduct an inquest
(made when the person is
arrested without warrant)
4. Prosecute

Venue in Criminal Cases

 Venue is jurisdictional. The action can only be committed in the place where the
crime was committed.
 Cabral v. Bracamonte: Cabral and Bracamonte executed a MOA in Makati for the
purchase of shares of Well-cross Freight Corp. and Aviver Int’l Corp. When the
check issued by Bracamonte was presented for payment, it bounced. Cabral filed
an estafa case in Paranaque. The SC ruled that crime was committed in Makati –
execution of MOA; delivery of post-dated checks; presentation for payment of the
checks. Hence, the case must necessarily fall since venue is jurisdictional.
 GR: you do not need to indicate the exact address in an Information. General
allegation of the place within the court’s jurisdiction is sufficient.
o EXN:
 Election contest case where there is a requirement of distance in a
polling place
 Arson
 Violation of domicile
 Trespass to dwelling
 Maguindanao massacre case: the crime was committed in Maguindanao. The
action was instituted in Maguindanao. Venue is jurisdictional means that the
institution of the criminal case must be done in the place where the offense took
place. However, subject to approval of the SC, the venue of the trial can be
transferred to a different place on the following grounds:
o For the protection of witnesses
o For orderly administration of justice
 In cases of moving vehicles, aircraft or vessels, the following are the rules on
venue:
o Vessels – any ports where it passed
o Aircrafts – either in place of departure or arrival
o Moving vehicles – anywhere it passed
 Even if the crime was committed outside the PH, it can be prosecuted in the PH
in the following cases (examples):
o Anti-Money Laundering
o Introduction of forged currencies and securities
o Anti-Terror Law, if directed against a PH consular office outside PH,
particular ethnic Filipino group, against Filipinos outside PH
 Venue is jurisdictional does not strictly apply in search warrants.
 o Shell Filipinas case: power to issue search warrant is inherent in every
court. Even if the application for search warrant is different from where it is
served, there are certain jurisprudence that is has been held valid.

RULE 110
 Sec. 1, Rule 110 – To Institute Criminal Action
MANILA/CHARTERED OUTSIDE
CITY MANILA/OUTSIDE
CHARTERED CITY
Requires Preliminary Office of the Prosecutor Office of the Prosecutor
Investigation (PI):
offenses where the
penalty is at least 4
years, 2 months, 1 day
Not Require PI Office of the Prosecutor Office of the Prosecutor;
OR Court
Summary Procedure Office of the Prosecutor Office of the Prosecutor;
(No PI) OR Court

 Interruption of Prescription
o Ordinary offense under the RPC – upon filing of Complaint at the Office of
the Prosecutor
o Violation of Special Laws – upon filing of Complaint at the Office of the
Prosecutor
o Violation of Ordinance – upon filing of Information or Complaint in Court

RULE 112
 Preliminary Investigation: process to determine whether or not there is probable
cause based on the Complaint.
 Motion for Preliminary Investigation: will only be allowed if the nature of the
offense requires PI.
Preliminary Investigation Process:
(PI) – Sec. 3, Rule 112 Filing of Affidavit-Complaint (Prosecutor’s Office)*  Raffle
to an Asst. Prosecutor**  Counter-Affidavit***

Notes:
* - The complainant will be sworn by the Prosecutor. It is only
when there is no prosecutor that he can be sworn before a
Notary Public. You also need to pay docket fees.
** - Asst. Prosecutor can either dismiss or issue subpoena
together with the Complaint.

If the respondent cannot be subpoenaed or when

subpoenaed, did not file a Counter-Affidavit, the Asst.
Prosecutor can outright issue a Resolution. Requirement of
PI is only a statutory right; absence of which will not affect
the rights of the accused. This Resolution is ONLY
recommendatory to the City/Provincial Prosecutor.
 *** - The respondent must file his Counter-Affidavit within 10
days.

After the filing of Counter-Affidavit, the Asst. Prosecutor can

recommend to either:
(1) File + prepare Information; OR
(2) Dismiss
This will be found in a Resolution submitted to the
City/Provincial Prosecutor.

Acting on the Resolution, the City/Provincial Prosecutor can:

(1) Approve;
(2) Direct the Asst. Prosecutor to change the Resolution and
prepare an Information;
(3) Require another prosecutor to prepare Information
without the need for another PI; or
(4) Prepare the Information himself

If the Information was filed by the Asst. Prosecutor without

the approval of the City/Prov. Prosecutor, it will be a ground
for a Motion to Quash.
No PI No subpoena will be issued by the prosecutor. Based on the
complaint, the asst. prosecutor will determine whether or not
there is probable cause and recommend whether to (1) file a
case + prepare Information; or (2) dismiss through a
Resolution to be elevated to the City/Provincial Prosecutor.
Summary Procedure (No Same with No PI.
PI)

 PI Process: Asst. Prosecutor  City/Provincial Prosecutor  DOJ

o If you disagree on the decision of the City/Provincial Prosecutor, your
remedy is to file a Petition for Review under NPS 70 of the DOJ with the
DOJ.
1. However, the review is now subject to following rules:
They now sort cases in the following manner based on whether the
action will be filed in the following courts:
i. RTC – SOJ
To illustrate: Asst. Prosecutor  City/Provincial Prosecutor
 SOJ
ii. MTC
a. Provinces – ORSP, further reviewable by SOJ
To illustrate: AP  PP  ORSP  SOJ (SOJ may or
may not review. See Mina case below)
b. Metro Manila – Prosecutor General, further reviewable
by SOJ
To illustrate: AP  CP  Prosec. Gen.  SOJ (SOJ
may or may not review. See Mina case below)
  Mina v. CA (January 2019): In this case, the Office of the
Prosecutor did not find probable cause for the crime of perjury. The
complainant appealed to the Office of the Regional State
Prosecutor (ORSP) which affirmed the resolution. Hence, the case
was further elevated to the CA by Rule 65 petition. The CA claimed
that the complainant should have elevated the case first to the DOJ
after the ORSP.

The SC held that under DOJ Cir. 70-A, the criminal complaint
was filed outside NCR and perjury is cognizable by MTC. It appears
that SOJ did not exercise its power of control and supervision by
reviewing the ORSP ruling. If the DOJ did not review it, the
administrative remedies have been deemed exhausted.

 Asst. Prosecutor  City/Provincial Prosecutor  Court (Information filed)

o At this stage, the respondent is already indicted.
o Even if the decision is elevated to DOJ (as discussed above) for review, it
will not prevent the criminal charge already filed in Court. The only thing
that can be stopped by the Petition for Review with the DOJ is
Arraignment for 60 days (Rule 116).
o Crespo v. Mogul: once the case is already filed in court, it will be the latter
that will take charge of the case. This cannot be interfered by the DOJ.
o If later on found by the DOJ after review that there is indeed no probable
cause, it will instruct the Asst. Prosecutor to file a Motion for Withdrawal of
the Information. Nonetheless, the court cannot simply adopt the
recommendation of the prosecutor. The judge must first personally
determination of the case on whether or not it will be dismissed.
o Once the Information is filed, the following is the duty of the court:
RTC
1. The court can dismiss based on absence of probable cause within a
period of 10 days;
2. Can issue warrant of arrest within 10 days upon finding of probable cause;
or
3. Conduct hearing to determine if there is probable cause.

It is now a prohibited pleading to file a Motion for the determination of

probable cause (Guidelines on Cont. Trial).

MTC
Ordinary Procedure (those Information filed by the prosecutor)
 Those that required PI (imprisonment of at least 4 years, 2 months,
1 day up to 6 years [threshold of MTC jurisdiction]) – follow same
procedure as those of the RTC
  Non PI (Below 4 years, 2 months, 1 day) –
(1) dismiss;
(2) Issue warrant of arrest OR in lieu of warrant, summons; or
(3) conduct hearing

Summary Procedure
 Forget Rule 112. It has its own rule.
 This is the only instance where there warrant of arrest is not
immediately issued. The court will first require you to appear and
only upon failure to comply will lead to issuance of warrant of arrest.

Inquest in connection with RULE 113

 Applicable in cases of warrantless arrest (Sec. 5, Rule 113).
Arrest by law enforcement officer or by a citizen
1. In flagrante delicto: crime is about to be committed, committing, or has just
been committed in his presence – probable cause not needed
2. Hot pursuit: crime has just been committed and based on facts and
circumstances, there is reasonable ground to believe that the person to be
arrested has committed it – probable cause needed
3. Escapee from detention or prison
4. Sec. 13, Rule 113: rescue or attempted rescue of a person under the
custody of the law
5. Par. 2, Sec. 23, Rule 114: attempt to leave the PH while on bail without
approval of the court
 The person arrested without warrant will be brought to the police station. The
arrest will be booked. Thereafter, the entire record of the arrest will be brought to
the Inquest Prosecutor.
 Duty of Inquest Prosecutor
Determine whether:
1. The person arrested should still be detained; or
2. Released for further PI
 If the Inquest Prosecutor orders detention, the person arrested has the following
recourse:
1. Ask for PI but he has to waive Art. 125 of RPC (provision limiting the
period of detention based on the gravity of offense)
2. Wait until Information is filed and applied for bail
3. Within 5 days from knowledge of filing of Information, file a Motion for PI
(Guidelines on Cont. Trial)
 If the Inquest Prosecutor orders release for further PI, all records of arrest will
be filed before the Prosec. Office as if a Complaint has been filed.
 Motion for Reinvestigation: once the Information has been filed in court, you can
ask for the recommending of the case to the prosecutor provided that the nature
of the offense requires PI.
o It must be WITH leave of court.
 o You cannot file a reinvestigation if the question concerns admissibility of
evidence, lack of credibility of the witness, and innocence of the accused
because that pertains to trial.

RULE 110 (CONT.)

Prosecution
 Once the Information is filed in court, it is the prosecutor who will represent the
State.
 The only participation of the lawyer of the offended party is with respect to the
civil aspect of the criminal case (Intervention). He will be under the direct control
and supervision of the public prosecutor.
 All pleadings, petitions prepared by the private prosecutor will be signed in
conformity by the public prosecutor.
 All proceedings are null and void in the absence of the public prosecutor.
 In cases when the public prosecutor is busy, the private prosecutor can get from
the Chief of Prosecution (City/Provincial Prosec) the authority to prosecute even
in the absence of the public prosecutor. He still has the duty to report to the Chief
the progress of the prosecution.
 Information
o People v. Reyes (2018): Sufficiency of Information (Sec. 6, Rule 110) –
MEMORIZE!
 Name of the accused, if unknown, a nickname or appellation.
 Indicate the qualifying and aggravating circumstances (even the
generic aggravating)
 Designation of the offense by statute (murder, homicide, estafa, or
violation of Sec. X of XX Law, etc.)
 Cause of accusation – in a language known to the accused
 Place of commission – it appears that the crime has been
committed within the jurisdiction of the court
 Date of commission – approximation of date of its commission
unless the date is a material element of the offense (e.g. infanticide,
election offenses)
 Name of offended party, if unknown, information can later be
amended
 If the offense involves property, it must be specified (e.g. the bag of
Mr. X)
o Sufficiency of Information is vital because if it is not, it becomes defective.
A defective Information is a ground for a Motion to Quash.
 If you file a MTQ with a ground not enumerated under Rule 117,
that is a prohibited motion (Guidelines on Cont. Trial).
o Sufficiency of Information is also material for Bill of Particulars (Sec. 9,
Rule 116).
o RULE: 1 offense = 1 Information (e.g. 5 times raped = 5 Information).
  EXN:
i. If there are multiple offenses in 1 Information and there was
no objection on the part of the accused and all those
offenses were proven = allowed (Sec. 3, Rule 120).
ii. Multiple offenses in 1 information so long as there is a single
punishment for those offenses (complex crime).
 Amendment of Information (Sec. 14, Rule 110)
o Before Plea – as a matter of right
 Amend Form or Substance
i. Form – typographical errors
ii. Substance – changes the nature of the offense (e.g.
homicide to murder) or imposes a heavier penalty (e.g. theft
to qualified theft)
 If substantial amendment, it will require new PI
o After Plea –
 Only as to matters of Form provided it will NOT prejudice the rights
of the accused. It should not require the accused to change the
nature of his defense.
 Substitution: Information will be replaced or changed. This is allowed, provided
that the accused will not be placed in jeopardy. Otherwise, it will not be allowed.
o Exclusion: it will only take place before a plea. This is when there are
plurality of the accused and the prosecution thinks that he can only prove
the offense as to some of them.
 Before entering plea, prosecutor to file a Motion with notice to
offended party and with leave of court to exclude accused.
o Downgrading: it will only take place before a plea. In case where the
Information filed is for qualified theft to change to theft, murder to
homicide.
 This is allowed upon Motion with notice to the offended party and
with leave of court.

RULE 111
 Once the criminal case is instituted, the civil liability is deemed instituted unless:
o Waived – intentional relinquishment
o Reserved –
1) Timing: should be made at any time BEFORE the prosecution
commences with the presentation of evidence and the
circumstances allow him to adequately reserve.
2) Consequence: the civil case cannot proceed because the criminal
case is given preference. You have to wait until termination of the
criminal case.
3) There is NO reservation in BP22 cases.
 o Civil aspect instituted ahead of the criminal case (Art. 32, 33, 34, 2176
Civil Code) – there is no need of reservation. The civil case can proceed
independently. However, once the criminal case is instituted, the
proceedings in the civil case will be stayed/suspended without prejudice to
your right to consolidate the proceedings.
1) Rule on Writ of Amparo: if there is a petition for a writ of amparo
and later, a criminal case is instituted, the petition for the writ will be
consolidated with the criminal case always.
 Death of the Accused
o Before Plea – the criminal case will be dismissed without prejudice to
proceed against the estate.
o After Plea – even on appeal, at whatever stage, the criminal and civil
arising from delict is extinguished.
1) However, those case arising from other sources of obligation aside
from delict or independent civil action will survive.
 Filing Fees: there is no filing fee for actual damages resulting from commission of
the crime. But if you are to claim moral, nominal, temperate, exemplary,
liquidated damages, you need to pay filing fees.
o If you did not allege the claim for moral, nominal, exemplary damages,
there is no need to amend the Information because once it is proved
during trial, it will be considered as a lien on the judgment award.
o In BP22 cases, actual damages will be the basis of the filing fees. Actual
damages being the amount indicated in the face of the dishonored check.
If you are also to claim moral, nominal, temperate, exemplary, liquidated
damages, it will also be added as basis of the filing fees. There is a
different application in BP22 cases because courts do not want these
financing companies to use the court processes as a collection arm.
 Prejudicial Question: will result to suspension of the criminal proceedings. Based
on the Guidelines on Cont. Trial, you cannot file a motion to suspend criminal
proceedings on the ground of prejudicial question if the criminal was instituted
ahead of the civil.
o Requisites:
1) The civil case was instituted ahead of the criminal.
2) Issue in the civil case will determine the guilt or innocence of the
accused
o Motion to suspend proceedings on the ground of prejudicial question, it
can be filed in:
1) Prosecutor’s office
2) Court before prosecution rest its case

RULE 114
 Bail: this is a judicial function. Only the courts can grant bail. The purpose of bail
is for the provisional liberty of the accused.
 The bail amount is indicated in the Information as recommended by the
prosecutor. You can file a Motion to Reduce Bail depending on the financial
capacity, educational background, character of a person, the fact that he has
other offenses, the fact that he is out on another bail, fact that he has multiple
cases, and health condition of the accused.
 Right to Bail
o As a matter of right
 All cases in MTC – before or after conviction (case NOT yet final
and executory)
 RTC – before conviction if the penalty is NOT death, life
imprisonment, or reclusion perpetua
o Discretionary
 RTC – after conviction if the penalty is NOT D, LI, RP
It is NOT enough that you only consider that there is already a
conviction and that it is not punishable by D, LI, RP. You also have
to consider whether there are bail-negating circumstances (Sec. 5,
Rule 114):
i. Flight risk
ii. Habitual delinquent
iii. Recidivist
iv. Quasi-recidivist
v. He has violated parole
vi. He has violated conditional pardon

It is not automatic that the court will exercise discretion. The

bail-negating circumstances will be first checked. If one of the
aforementioned is present, the court CANNOT exercise
discretion of granting bail.
o Non-bailable – crime where the penalty is D, LI, RP
 Leviste case: once a Petition for Bail is filed, there will be a
summary hearing and the judge will have to resolve within 30 days
from the termination of the summary hearing. It is the duty of the
prosecution to prove that the evidence of guilt is strong to counter
the petition for bail. Otherwise, the accused can be granted bail.
In this case, the accused was charged of Murder (non-bailable).
However, he was only convicted of Homicide (discretionary bail
because there is already conviction). The Court held that when the
case originated as non-bailable and then after conviction, it was
turned to be bailable, the application for bail must be with the
appellate court.
 You only file a Petition for Bail when the offense is non-bailable.
 Where to apply for bail
If you are arrested in the same place where the case is pending:
 o In the court where the action is pending (e.g. RTC where case is pending);
or
o If the judge in the preceding is absent, apply to any RTC or MTC of the
same city (e.g. any RTC or MTC in QC)
If you are arrested in a place different from where the case is pending:
o Place where he is arrested; or
o Court where the case is pending
If applying for a recognizance:
o Recognizance: type of bail where you are released based on the character
of the person who commits or guarantees your appearance in court.
o You can apply it ONLY in the court where the action is pending.
If you are arrested and there is no pending case yet:
o Place where you are arrested.
 If the person detained has served the maximum sentence imposable on him, he
should be released immediately. However, if he only served the minimum
sentence imposable without considering ISLAW, he can be released on a
reduced bail or recognizance.
 Difference of forfeiture and cancellation of bail
o Forfeiture: accused having been notified to appear at the trial, fails to
appear. The bondsman, within 30 days, will be required to explain why the
bond will not be forfeited in favor of the government and to produce the
body of the accused. Failure to comply with lead to forfeiture.
 Remedy: Reliance Surety v. Amante provides the immediate
remedy in case of forfeiture is an MR to reinstate the bail. The
judgment against the bondsman on the bond may be construed as
a final order and may be subject of an appeal.
o Cancellation: grounds-
 When the accused died
 Voluntary surrender
 Accused has been acquitted
 Case has been dismissed without his express consent
 Accused has been convicted
 After conviction, the accused may apply for Probation. The application for
probation must be within the reglementary period before the case becomes final
and executory. In the meantime, while the application for probation is ongoing,
the accused may be released based on his original bail or in the absence, in his
recognizance.
 Presumption of Innocence: this is a disputable presumption. This presumption
would ONLY arise if the person is charged with a criminal offense.
 Right to counsel: the accused is entitled to counsel of choice. If he cannot afford
one, the court can appoint counsel de officio.
 o Duty of clerk of court: to certify that he has inquired from the accused on
whether he wants a counsel de oficio. This will form part of the records of
the case.
o The CA can appoint a counsel de oficio when (Rule 124):
 The accused signed his own appeal;
 Accused is in prison; or
 Accused has no counsel of record.
o The SC can also appoint counsel de oficio
 The appearance of the accused may be waived so long as it is made condition of
his bail. He may only be required to appear for purposes of identification.
 If the accused is absent in a hearing, he waives his presence in a particular
hearing. If he jumps bail, he waives his appearance in all subsequent
proceedings and if he has already been arraigned, trial in absentia will proceed.
 Osares v. People: Osares was found guilty of homicide. His lawyer manifested in
an open court that he intends to appeal within 15 days and that he be released
on account of his original bail which the court granted. The opposing counsel
contends that the original bail no longer stands; therefore, he jumped bail and
therefore must be issued with a warrant of arrest. The SC held that the
manifestation made in an open court by the counsel of the accused to continue
on his original bail was granted by the court so it he is not deemed to have
jumped bail.
RULE 115
Rights of the Accused
 Speedy Disposition
o Magante v. Sandiganbayan: The accused is entitled to compulsory
processes including speedy trial. It was invoked here that there was a
violation of the right to speedy disposition. The case was pending for 5
years, without the Ombudsman acting on the Complaint. The SC held that
it is only when a formal verified Complaint had been filed would the
obligation on the part of the Ombudsman to resolve it promptly arise. Prior
to that, the party is not yet subjected to the adverse proceeding. Here, the
unreasonable inaction for 5 years is a violation of the said right.
o Speedy Trial: provided under the ROC. Guidelines on Cont. Trial has
made this more broad. Under Rule 119, to claim speedy trial, you should
invoke it any time before trial. However, due to the Guidelines on Cont.
Trial, it can be invoked even during trial (trial should have been completed
within 180 days and once submitted for decision, promulgation within 90
days).
 Exclusions:
i. Absence of the accused
ii. Unsound mind
iii. Pendency of multiple cases
iv. Availment of extraordinary remedies
 v. Delays by reason of pre-trial
vi. Unavailability of witnesses
vii. Inability to acquire jurisdiction over the person of other
accused
o Speedy Disposition: provided for under the Constitution (BOR). It touches
on judicial, quasi-judicial, and administrative and can be invoked any time,
even on appeal.
 Death, Failure to find despite due diligence or non-PH resident Witness of the
Accused
o The excuse of the person in not appearing is not flimsy; otherwise, he has
to appear.
o If a testimony was made involving same subject matter, same parties
given in a judicial or administrative proceeding, it can be presented in a
criminal case.
o It is important that the accused was given the opportunity to cross-
examine.

RULE 116
 Arraignment and Plea
 Process:
Arrest (acquired jurisdiction)  Arraignment/Plea  Pre-Trial

30 days (10 days, if detained)

 The very moment the court acquires jurisdiction over the person of the accused,
the arraignment and pre-trial shall be set within 30 days from the date jurisdiction
over his person has acquired.
o However, for persons who are detained, the period is 10 days.
o Notice of arraignment and pre-trial shall be sent to the accused, his
counsel, private complainant, law enforcement officer including the public
prosecutor.
o Who should be present at pre-trial?
 Public prosecutor
 Private prosecutor, if any
 Counsel for the accused
 Accused – absence of the accused will make the court issue for his
immediate arrest.

Absence of the offended party will not result to dismissal of the case.
o The 30-day arraignment period can be suspended on the following
grounds:
1) Accused is of unsound mind (Rule 116)
2) Prejudicial question
 3) Petition for review with DOJ (suspension only for a period of 60
days)
 Reading of the Information, as part of due process, can be waived but it is the
duty of the court to conduct a personal examination of the accused to ascertain
the latter makes an express consent and understands the consequences of the
same, including his counsel. The counsel and the accused will both have to
waive it. Procedural requirements as follows:
1. The waiver should appear expressly in the minutes, certificate, and order
of arraignment.
2. In cases of criminal procedure in environmental cases and the accused is
absent, if his presence is made as a condition of the bail, not only is the
reading waived but also the entry of the plea. The condition of the bail is
that the court is authorized to enter a plea of not guilty if he is absent.
 Types of Plea
1. Plea of guilt to a non-capital offense – a plea as to where the penalty is
less than death, the court can render a sentence already. There is no need
for a hearing. If a hearing will be set, it is only to determine the exact
penalty to be imposed but not to determine culpability since there is
already admission.
2. Plea of guilt to a capital offense (at the time of commission and application
for bail, the maximum penalty is death) – the court has to conduct a
searching inquiry to determine whether the rights of the accused are
protected. In this case, the prosecution is still required to present evidence
to determine the exact culpability of the accused. It the accused wants, he
can also present evidence; otherwise, the requirement of the rule is
satisfied if the prosecution proves his culpability.
3. Improvident plea – this happens when the accused does not know the
consequences of the same. It could be withdrawn before judgment of
conviction becomes final. Note that even if there was an improvident plea
but there are other facts of the case that could still prove culpability, the
court can still render judgment.
4. Plea of guilt to a lesser offense – as a rule, you can make this plea during
arraignment and pre-trial (plea bargaining). However, based on
jurisprudence and on exceptional circumstance, the court allows this plea
even during trial.
 Any conduct or negotiation made to enter to a lesser plea will not be
taken against by the accused.
 Even if there was unsuccessful negotiation or the plea was later
withdrawn, the statements and conduct during plea bargaining will
not be taken against the accused.
 It is required that the offended party and the public prosecutor was
duly notified. It remains valid despite absence of the offended party
during arraignment as long as the plea is an offense necessarily
included in the offense charged.
 People v. Estipona: Plea bargaining is now allowed in drugs cases.
Examples:
1. Sale of trading of drugs can be bargained to a plea of possession.
Provided that the shabu should be less than 5 grams and the marijuana
should be less than 300 grams.
2. Visitor of a drug den can be plead to a possession of apparatus and drug
paraphernalia or drug use.
 Archiving: if after the issuance of warrant of arrest, the accused remains at large
for 6 months, the case shall be archived. In addition, the following instance will
lead to archiving-
1. The accused appears to be suffering from unsound mental condition
2. Valid prejudicial question
3. Interlocutory order or incident to a criminal case where there is a
TRO/Injunction
4. When the accused jumps bail before arraignment. If after arraignment, that
will be trial in absentia.

RULE 117
 Provisional Dismissal: there are no specific grounds listed. It is a dismissal with
consent of the accused. Any type of provisional dismissal is subject to revival.
o If the penalty of the offense > 6 years – it will become permanent 2 years
from the time of dismissal.
o If the penalty =< 6 years – it will become permanent after lapse of 1 year.
o Permanent = cannot be refiled but it is not the same as acquittal.
o Prosperity case: The period shall be counted from the receipt of the copy
of dismissal by the public prosecutor and private prosecutor because they
are the ones who can refile it.
 Motion to Quash: it should be in writing and cannot be made orally. It should be
made any time before plea. It can only be based on the grounds provided in
Rule 117; otherwise, it is a prohibited motion. Grounds are-
1. Lack of jurisdiction over the offense
2. Lack of jurisdiction over the person of the accused
3. Information does not comply with the prescribed form
4. It does not constitute an offense
Note: if this is the ground, the court will not immediately dismiss the
case. It may order the prosecution to amend the Information. Only upon
failure to comply will result to dismissal.
5. The filing officer has no authority
6. Information contains more than 1 offense unless it is a complex crime
7. Crime has prescribed
8. Double jeopardy

After plea, you can still file but only on the following grounds:
 1. Lack of jurisdiction over the offense
2. It does not constitute an offense
3. Prescription
4. Double jeopardy

If the MTQ granted, you can still refile the case EXCEPT:
1. Prescription
2. Double jeopardy

Los Banos case: time bar (period to refile of 2 or 1 year) does not apply in a
MTQ, it only applies to provisional dismissal. The only requirement is that it is
refiled within the proper prescriptive period of the offense.

 Double Jeopardy; Requisites: MEMORIZE!

1. Court of competent jurisdiction
2. Valid complaint and information
3. Arraignment and plea
4. Accused convicted, acquitted, or dismissed WITHOUT the consent of the
accused
 The double jeopardy will not arise if there are supervening events.
o Example: if there was a charge of frustrated homicide and later on, the
person stabbed died, he can still be sued for homicide and that would not
constitute double jeopardy despite being arraigned.
o There are facts discovered after plea – e.g. an existing charge for robbery
but it was later found that the accused also raped the victim, he can still be
prosecuted for rape.
 In case of plea to a lesser offense, double jeopardy will also set in so long as the
offended party and public prosecutor were duly notified.

RULE 118
 Pre-Trial: it is mandatory.
 Process:
Arrest (acquired jurisdiction)  Arraignment/Plea  Pre-Trial  CAM

30 days (10 days, if detained)

o Within 30 days from the time the court acquired jurisdiction, there must be
plea bargaining, stipulations, marking of documents that should take place
before the Clerk of Court. This is called Preliminary Conference.
o Under the Guidelines on Cont. Trial, the pre-trial proper will take place first
followed by CAM but only with respect to those offenses which are
mediatable.
o JDR is not allowed
 Compromise (CAM)
o Offer of compromise in criminal cases is an implied admission of liability.
o These are the crimes that can be subject of mediation (ONLY WITH
RESPECT TO CIVIL ASPECT):
1) Non-remittance of SSS premiums
2) Violation of Pag-Ibig laws
3) BP22
4) Theft
5) Estafa, only Art. 315 (1)
6) Swindling
7) Swindling a minor
8) Other deceits
9) Crimes against honor
10)Malicious mischief
11)Libel
12)Slander
13)Grave and simple slander
14)Slander by deed
15)Simple slander by deed
16)Incriminating innocent persons
17)Intriguing against honor
18)Threatening to publish to offer compensation
19)Prohibited publication
20)Criminal negligence
21)Intellectual property rights cases
o After compromise, the complainant will then execute a Certificate of
Desistance and then attest on the witness stand to testify as to its
truthfulness.
o Once the Affidavit of Desistance and the testimony of witness is made part
of record, the prosecution will then move for the dismissal of the case.
Once approved by the judge, there will be double jeopardy (an example of
dismissal without express consent of the accused).

RULE 119
 Trial: should be over within 180 days (90 days for prosecution, 90 days for
defense)
 Process:
Arrest (acquired jurisdiction)  Arraignment/Plea  Pre-Trial  CAM 
Trial 

30 days (10 days, if detained) 180

days
 Judgment (within 90 days)
 During Trial, if there is demurrer to evidence:
Presentation of evidence by prosecution  Formal offer of exhibits by
prosecution  Apply for leave of court to file demurrer*  If leave granted, file
demurrer (within 10 days, non-extendible)  Comment by other party (within 10
days, non-extendible)  Resolve the demurrer (within 30 calendar days from
filing of the Comment)

Note:
* - oral leave of court is allowed. If you do not file a leave and the demurrer is
denied, the court can already render judgment despite non-presentation of
evidence by the accused.

 Guidelines on Cont. Trial provides that the only reason to cancel a hearing are:
o Force majeure
o Acts of God
o Physical inability of the witness to appear
 Consolidation of criminal cases is made only for purposes of trial
 For 1st level courts (MTC), all written statements, affidavits, and documents given
before law enforcement officers/prosecutors can be used in court in lieu of direct
examination subject to additional direct and cross examination. In the absence of
these affidavits, you can submit JA.
 For RTC, Sandiganbayan, CTA, in criminal cases, submission of JA is enough
when the demeanor is not essential and it is not important to determine credibility
of the following witnesses:
o Forensic chemist
o Medico legal officers
o Investigators
o Auditors
o Accountants
o Engineers
o Custodians
o Expert witnesses
o Other similar witness
This extends only to offenses which are transactional in nature: malversation,
falsification, estafa, and other crimes where culpability can be established by
documents.
 When the matter to be established is a matter of culpability based on eye witness
account, the testimony and direct examination should always be in oral form.
 Motions: unlike in Civil cases which provide for litigious or non-litigious motions,
the motions in criminal cases are to be distinguished as follows-
o Meritorious – the period to file a Comment is 10 days and the court will
have to resolve it within 10 days.
  If you want to file an MR of meritorious motions, you can only file a
Comment within 5 days and the judge to resolve it within 5 days (this is
different from an MR under Rule 121 on final judgments/decisions)
o Non-meritorious -
o Prohibited – it will be denied outright
 Conditional Examination of Witness
o If asked by the prosecution – it shall be made before the judge in whose
court the case is pending
o If asked by the accused – it can be made before (1) any judge; (2) any
member of the bar with good standing; (3) inferior court, when directed by
a superior court.
 Offer of Evidence: it shall be made orally.
 Demurrer to Evidence: it is recommended that you make a leave of court before
filing a demurrer to evidence. Oral leave can be made and once made, it is the
duty of the judge to resolve it in open court.
o If the demurrer is granted – accused will be acquitted and double jeopardy
arises
o If the demurrer is denied – accused cannot file certiorari or appeal on the
denial but he will have to wait until judgment
 One-day Examination of Witness Rule: also applies to criminal cases.
 Discharge: the accused has been arraigned and the person applying will submit
an affidavit and the court when conduct a hearing.
o If granted – accused already acquitted
o If denied – the affidavit submitted will be inadmissible and cannot be used
in the course of the trial
o When to Apply for Discharge as a State Witness: before prosecution rest
its case.
 Evidence presented in the discharge, if admitted can be later used
during trial.
 Requisites: MEMORIZE!
i. There is an absolute necessity
ii. There is no direct evidence
iii. The accused should not be the most guilty
iv. Testimony of the state witness should be corroborated in its
material points – it should support and unite with the other
evidence
v. Accused has not been convicted of a crime involving moral
turpitude

RULE 120 to 125

 Judgment (Rule 120)
 It should be made within 90 days from termination of the trial
 Promulgation: notice of promulgation will be served in the address of the accused
as well as bondsman. It indicates the time when the accused will have to be
present.
o If the accused jumped bail, it is required to be sent to the last known
address.
o The judgment will be read to the accused.
o GR: Accused is required to be present on the promulgation
o EXN: For light offenses, the accused may send a representative
o If the accused is absent, you cannot avail the remedies under the rules –
MR, MNT, Appeal. You forfeit all your remedies under the law
 Variance from what is alleged and what is proven
o As long as the offense proven is necessary included in the offense
charged, then it would be a valid judgement.
o Example:
 Alleged – qualified theft; proven – theft = valid
 Alleged – estafa (Art. 316, RPC); proven – estafa (Art. 318, RPC) =
valid
 Remedies
Within the reglementary period
o MR (within 15 days; Rule 121)
 Ground:
i. Error of facts and law
o MNT (within 15 days; Rule 121)
 Grounds:
i. Newly discovered evidence
o If allowed, there will be trial de novo. Original
evidence will remain to be considered
ii. Errors of law or irregularities in the proceedings that would
prejudice the rights of the accused
o Appeal (Rule 122)
 MTC  RTC: Ordinary Appeal
i. Notice of Appeal – filed with MTC within 15 days, NO
extension. You can also file an MR prior appeal but it is not a
pre-requisite
ii. Once the appeal is perfected, the appellant will submit
memorandum to the RTC within 15 days. If no memorandum
was filed, the appeal will be dismissed. Otherwise, the
appellee will also submit his memorandum within 15 days
(Rule 122).
 RTC (original)  CA: Ordinary Appeal
i. Notice of Appeal – filed with RTC within 15 days, NO
extension. You can also file an MR prior appeal but it is not a
pre-requisite
 ii. The appellant will then submit to the CA an appellant’s brief
within 30 days. Thereafter, the appellee will also file
appellee’s brief within 30 days. Thereafter, a reply-brief can
also be submitted by the appellant but only within 20 days.
iii. Effects:
o Accused jumps bail – appeal will be dismissed
o Accused did not file appellant’s brief – appeal will be
dismissed
o Appellant’s brief was filed but without assignment of
errors – appeal will be dismissed
o There is no table of contents – appeal can be
dismissed (court’s discretion)
o Did not appeal within the reglementary period –
appeal will be dismissed
 MTC  RTC (appellate)  CA: Petition for Review
i. Petition for Review – filed with the CA within 15 days,
extendible one time provided you pay docket fees (Rule 42
applies). Second extension, as a GR is not allowed; EXN:
most compelling reason.
 MTC  RTC (appellate)  CA  SC
i. GR: Petition for review on certiorari (Rule 45)
EXN: Penalty is life imprisonment, death, reclusion perpetua
ii. Period: 15 days, extendible for 30 days upon payment of
filing fees for compelling reason
 RTC (original)  CA  SC
i. GR: Petition for review on certiorari (Rule 45)
EXN: Penalty is LI, D, RP
 SB (original)  SC
i. Notice of Appeal
 Trial court  SB (appellate)  SC
i. Petition for Review on Certiorari (Rule 45)
 CTA (original)  SC
i. Petition for Review on Certiorari (Rule 45)
o If the claim of the gov’t > 1M = CTA
o If not > 1M = regular courts

If acquittal, which is executory, you cannot file the remedies above. Your only
remedy is certiorari under Rule 65 if you can establish GADALEJ AND with
conformity of the SolGen.

Note: if decision on interlocutory orders, you no longer need the conformity of

the SolGen.
 Illustration of Sec. 13, Rule 124:
RTC  CA
o Penalty of the offense is death
 Automatic review to the CA – called Intermediate Review (People v.
Mateo amended Rule 123, Sec. 13). The CA will render judgment
but will NOT enter.

Note: If the CA finds upon review that the proper penalty is life
imprisonment and not death, it can render and enter the judgment.

 Certification to the SC – if the CA affirmed conviction, the case will

be certified to the SC for review. The SC will review the records and
the draft judgment and thereafter, render decision.
o Penalty of the offense is life imprisonment, reclusion perpetua
 Notice of Appeal (appeal to CA) – filed before the RTC. If the CA
affirmed, the CA can render and enter judgment subject to appeal
to the SC.
 Notice of Appeal (further appeal to the SC) – filed before the CA.

Note: If the review of the CA finds that it should not be life

imprisonment or reclusion perpetua but ONLY reclusion temporal,
the proper mode of appeal to further elevate it to the SC will now be
Petition for Review on Certiorari (Rule 45).

RULE 126
 Searches and Seizure
 Where to Apply: in the court whose territorial jurisdiction the crime was committed
o GR: You cannot apply to a different court or place
o EXN: There is compelling reason (i.e. strong suspicion that the local
politicians or head of the police in that area are participants in the
commission of the crime). Provided, that the search warrant will be
enforced WITHIN the SAME judicial region.
o Shell Filipinas case: venue is jurisdictional, strictly speaking, does not
apply in search warrant application because it is inherent in every court.
o You can apply a search warrant in Manila and Quezon City (exclusive) and
the search warrant can be served anywhere in the PH.
 This will only apply if:
i. Applied for by NBI; and
ii. Crimes involve illegal drugs, illegal gambling, heinous
crimes, violation of intellectual property laws
o Side Note:
 Precautionary Hold Departure Order: you can apply it for compelling
reasons with any RTC within the judicial region where the crime is
 committed if the place of commission is known. However, it can
also be applied in the RTC of Manila, Quezon City, Cebu City, Iloilo
City, Davao, and CDO upon complaint of NBI regardless of where
the crime was committed (A.M. No. 180705-SC)
 Minimum Requirements for Application of Search Warrant – MEMORIZE!
1. 1 search warrant = 1 offense
2. It is only effective for 10 days
3. GR: it can only be served during day time
EXN: it is in the body of the person to be searched or premises or place to
be searched
4. Item to be searched is sufficiently described
5. The place to be searched must be identifiable and sufficiently described
 Scatter-shot Warrant: the Constitution requires that search warrant must be
based on probable cause constituting only a single offense. However, this rule is
not violated when the search warrant is for several counts of the specific
offenses.
o Pastrana case: search warrant for violation of securities law and estafa.
SC held that this is invalid for being a scatter-shot warrant.
o Colombia v. CA: the SC recognized that the copyright infringement are
several counts of same offense (pirated tapes). Hence, the rule on
prohibition of scatter-shot warrant is not violated.
o Laud v. People: 1 search warrant for 6 counts of murder (6 murder victims)
was held valid for it being in involve same offense.
 Determination of probable cause
o Made by the judge; AND
o Applicant and his witnesses must appear and be under oath. Affidavits not
sufficient.
o People v. Maderazo: the person who applied before the judge does not
have personal knowledge of what he testified on. Therefore, there was no
probable cause to issue the search warrant.
 Search as Incident of Lawful Arrest
o People v. Laguio: the search must be contemporaneous with the arrest.
o Requirements:
1) There should have been lawful arrest
2) Search is just an incident must take place after the arrest
 How to Effect a Search Warrant
o The search warrant must be served to the occupant or relative of the
occupant.
o In the absence of the foregoing, the search must be implemented in the
presence of at least 2 witnesses of sufficient age and discretion residing
within the community.
 o Once items have been ceased, the duty of the searching officer is to leave
a receipt to the occupant/relative, in their absence, it must be left in the
premises in the presence of the 2 witnesses.
o The foregoing processes does NOT apply when it is a buy-bust or
entrapment operation.
o Thereafter, the officer is to submit an inventory to the court and failure to
do so, he could be held liable for contempt.
 Motion to Suppress: file it when you do not want the items ceased to be
presented in court.
 Motion to Quash: use if there is already a search warrant issued but it is not yet
implemented.
 Where to file Motion to Suppress and Motion to Quash:
o If before a case is filed – to the court which issued the search warrant
o After a case has been filed – to the court where the case is pending and
the evidence will be presented
 Cyberwarrant
o Kinds:
1) Warrant to disclose computer data
2) Warrant to intercept computer data
3) Warrant to search, seize, and examine computer data
4) Warrant to examine computer data
o You need to establish relevancy and sufficient description of the compute
data you want to intercept, seize, and examine.
o Where to Apply:
1) RTC Manila
2) RTC Quezon City
3) RTC Makati
4) RTC Pasig
5) RTC Cebu
6) RTC Iloilo
7) RTC Davao
8) RTC CDO
This is enforceable within the entire PH.
 People v. Cordova: Chain of Custody Rule-
1. Apprehending team shall immediately conduct inventory and photographs of
seized items in the presence of the accused or the person from whom the
items was seized, together with representatives of media, DOJ, any elected
public official who shall be required to sign copies of inventory and be
provided a copy of the same.
2. Seized drugs should be turned-over to the PNP Crime Laboratory within 24
hours from time of confiscation to insulate it from presence of representatives
of media from switching, planting, and contamination of evidence (People v.
Mendoza).
 3. If these were not followed, it will negate the integrity of the seized drugs.
However, non-compliance or deviation does not necessarily render the drugs
seized as inadmissible if there are justifiable grounds so long as the
evidentiary value is maintained and preserved.
 People v. Acosta: plain view doctrine will not apply when the police officers were
already alerted by a complainant about the possibility of them finding contraband
before proceeding to the place. This is not considered to be in plain view.
 People v. Cristobal: when the person has been flagged down due to traffic
violation (non-wearing of helmet), it does not warrant to proceed to unlawfully
search the motorcycle or the person.