REMEDIAL LAW REVIEW 2 Notes (by St.

Peter) o is commenced by filing a complaint or information before

(Taken mostly from Commentaries of Dean Tan and Various Codal the court (Section 1b of Rule 110 of the Revised Rules on
Provisions of the RULES OF COURT and various notes and reviewers Criminal Procedure), or if it requires preliminary
compiled) investigation, by filing an AFFIDAVIT COMPLAINT before the
prosecutor’s office for the purposes of preliminary
CRIMINAL PROCEDURE: (RULES 110-127)
investigation (Section 1a, Rule 110 of the Revised Rules on
A. PRELIMINARY MATTERS INVOLVING CRIMINAL PROCEDURE Criminal Procedure in relation to Sections 1-3 of Rule 112 of
the Revised Rules on Criminal Procedure)
Definition of Criminal Procedure
o Parties are known as the Prosecution and the Defense
- is a proceeding whereby the State prosecutes a person for an act or - Special Proceedings (Rules 72-109)
omission punishable by law o a remedy by which a party seeks to establish a right, status,
or a particular fact. (Section 1c of Rule 1 of the Rules of
Nature
Court)
- ADVERSARIAL o basis is only a privilege provided by a law or statute to
- ACCUSATORY establish a status, right, or a particular fact
- Involves two contending parties known as: o commenced by filing a petition in court and the payment of
o Prosecution docket and other lawful fees
o Defense
Sources of Criminal Procedure (Some)
Kinds of actions covered under the Rules of Court
1.) The 1987 Constitution
BASIS: Rule 1, Section 3 of the Rules of Court (Civil Procedure)
2.) The Revised Rules on Criminal Procedure (Rules 110-127)
- Civil Actions (Rules 1-71)
3.) Batas Pambansa Blg. 129 (The Judiciary Reorganization act of 1980)
o an action where a party sues another for the enforcement
or protection of a right, or the prevention or the redress of 4.) RA 7691 (Act Expanding the Jurisdiction of the Metropolitan Trial Court,
a wrong Municipal Trial Court and the Municipal Circuit Trial Court)
o is based on a cause of action (Rule 2, Section 1 of Rules of
5.) PD 1606 as amended by RA 7975, as further amended by RA 8249, as
Court)
further amended by RA 10660 (the act establishing the Sandiganbayan)
o is commenced by filing a complaint/petition/statement of
claims (Rules on Procedure on Small Claims cases) 6.) RA 6770 (the Ombudsman Act of 1989)
o Parties are known as the Plaintiff and Defendant
7.) RA 1125 as Amended by RA 9282 (An Act creating the Court of Tax
- Criminal Actions (Rules 110-127)
Appeals and defining its jurisdiction
o an action where the State prosecutes a person for an act or
omission punishable by law 8.) Revised Rules on Summary Procedure
o basis of an action arises from a violation of an act or
9.) RA 7160, The Local Government Code sections 399-422 on the referral of
omission punishable by law
the case to the barangay for conciliation
10.) Judicial Decisions applying or interpreting our laws which form part of party’s substantive rights; like all rules, they are required to
our legal system be followed. However there are recognized exceptions to
their strict observance, such as:
11.) RA 8349 (The Speedy Trial Act of 1998)
1. Most persuasive and weight reasons
(MADAMI PA YUN SA LIBRO NI DEAN TAN 36 yun) 2. To relieve a litigant from an injustice not
commensurate with his failure to comply with the
Quantum of Evidence in Criminal Cases (Basis: Rule 133 Section 2 of the prescribed procedure
Rules of Court) 3. Good faith of the defaulting party by immediately
Proof beyond reasonable doubt defined paying within a reasonable time from the time of
the default
- In a criminal case, the accused is entitled to an acquittal unless his 4. The existence of special or compelling
guilt is shown beyond reasonable doubt circumstances
- Proof beyond reasonable doubt does not mean such a degree of 5. The merits of the case
proof, excluding possibility of error, produces absolute certainty 6. A cause not entirely attributable to the fault or
- MORAL CERTAINTY is only required, or that degree of proof which negligence of the party favored by the suspension
produces a conviction in an unprejudiced mind. of the rules
Construction of the Rules on Criminal Procedure 7. A lack of any showing that the review sought is
merely frivolous and dilatory
a.) Liberal Construction (Rule 1, Section 6 of the Rules of Court) 8. The other party will not be unjustly prejudiced
thereby
- These Rules shall be liberally construed in order to promote their
9. Fraud, accident, mistake, or excusable negligence
objective of securing a just, speedy, and inexpensive disposition of
without the appellant’s fault
every action and proceeding
10. Peculiar legal and equitable circumstances
b.) Jurisprudence on the relaxation of the Rules of Procedure attendant to each case
11. In the name of substantial justice and fair play
- Courts have the prerogative to relax procedural rules of even most
12. Importance of the issues involved
mandatory character, mindful of the duty to reconcile both the
13. Exercise of sound discretion by the judge guided by
need to speedily put an end to litigation and the parties’ right to
all the attendant circumstanced. Thus, there should
due process. In numerous cases, the Court has allowed liberal
be an effort on the part of the party invoking
construction of the rules when to do so would serve the demands of
liberality to advance a reasonable or meritorious
substantial justice and equity (Ong Lim Sim Jr. v. FEB Leasing and
explanation for his/her failure to comply with the
Finance Corporation GR No. 168115)
rules (Francisco A, Labao v. Lolito N. Flores, et al. GR
- Exceptions to the rigid application of the rules; Reasonable and
no. 187984)
meritorious explanation must be given in case of failure to comply
with the rules
o Procedural rules are not to be belittled or dismissed
B. CONSTITUTIONAL PROVISIONS RELATIVE TO CRIMINAL PROCEDURE
because their non-observance may have prejudiced a
 I. DUE PROCESS OF LAW AND EQUAL PROTECTION OF LAWS (Article III o particularly describing the place to be searched and the
Section 1, 1987 Constitution) things to be seized which may be anywhere in the
Philippines
- no person shall be deprived of life, liberty, and property without
due process of law *Read Constitutional Provision in relation to Rule 126 Section 4 and Rule
- nor shall any person be denied the equal protection of laws 112 Section 5 (when a warrant of arrest may issue)
II. RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES (Article III III. RIGHT TO PRIVACY OF COMMUNICATION AND CORRESPONDENCE
Section 2, 1987 Constitution) (Article III Section 3 (1)(2) 1987 Constitution)
- The right of people to be secure in their persons, houses, papers, - The Privacy of Communication and Correspondence shall be
and effects against unreasonable searches and seizers of whatever inviolable except
nature and for any purposes shall be inviolable. No search warrant o Upon Lawful order of the Court or
or warrant or arrest shall issue except upon probable cause to be o When public safety, and order requires otherwise as
determined personally by the judge after examination under oath or prescribed by law
affirmation of the complainant and the witnesses he may produce, - Any evidence obtained in violation of this or the preceding section
and particularly describing the place to be searched or the person or shall be inadmissible for any purpose in any proceeding
thing to be seized.
IV. RIGHT OF LIBERTY OF ABODE AND TO TRAVEL (Article III Section 6,
Requisites under the Constitution for a valid Search Warrant or Warrant of 1987 Constitution)
Arrest to Issue.
- The liberty of abode and changing the same within the limits
- No search warrant or warrant of arrest shall issue except: prescribed by law shall not be impaired except:
o Upon Probable Cause o Upon lawful order of the court
o To be personally determined by the judge - Neither shall the right to travel be impaired except (IPP)
o After examination under oath or affirmation of the o In the interest of national security
complainant and the witnesses he may produce o public order or;
o Particularly describing the place to be searched or the o public health, as may be provided by law
person or thing to be seized.
V. RIGHT TO FREE ACCESS TO COURTS AND LEGAL ASSISTANCE (Article III
Requisites under Rule 126 Section 4 for a valid Search Warrant to issue Section 11, 1987 Constitution)
- A search warrant shall not issue except: - Free access to courts, quasi-judicial bodies and adequate legal
o Upon Probable Cause assistance shall not be denied by reason of poverty
o In connection with one Specific Offense
VI. RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION (Article III
o To be personally determined by the judge
Section 12, 1987 Constitution)
o After examination under oath or affirmation of the
complainant and the witnesses he may produce - Any person under investigation for the commission of a criminal
offense shall have: (SCTIP)
o The right to be informed of his right to be silent
 o To have a competent and impartial counsel preferably of his Bail as a matter of right (Rule 114 Section 4 of the Rules of Court)
own choice. If the person cannot afford the services of
- All persons in custody shall be admitted to bail as a matter of right,
counsel, he shall be provided with one (in rel with Rule 122
with sufficient sureties or released on recognizance as prescribed by
Sec. 13 and Rule 124 Sec. 2). These rights cannot be waived
law or by this rule:
except in writing and in presence of counsel.
o BEFORE OR AFTER CONVICTION BY THE:
o No torture, force, violence, threat, intimidation or any
 Metropolitan Trial Courts
manner which would vitiate the consent shall be used
 Municipal Trial Courts
against him. Secret detention places, solitary,
 Municipal Trial Court in Cities
incommunicado, or other similar forms of detention are
 Municipal Circuit Trial Courts
prohibited.
o BEFORE CONVICTION BY THE
o Any confession or admission obtained in violation of this or
 Regional Trial Court of an offense not punishable by
Section 17 hereof shall be inadmissible in evidence against
reclusion perpetua, or life imprisonment
him.
o The law shall provide for penal and civil sanctions for Bail as a matter of discretion (Rule 114 Section 5 of the Rules of Court)
violations of this section as well as compensation to the
- Upon (After) Conviction by the Regional Trial Court of an offense not
rehabilitation of the victims of torture or similar practices
punishable by reclusion perpetua or life imprisonment, admission to
and their families
bail is discretionary
VII. RIGHT TO BAIL (Article III Section 13, 1987 Constitution) - The application for bail may be filed and acted upon by the trial
court despite the filing of a notice of appeal, provided it has not
- All persons, except those charged with offenses punishable with
transmitted the original record to the appellate court
reclusion perpetua when evidence of is strong, shall, before
- However, if the decision of the trial court convicting the accused
conviction, be bailable by sufficient sureties or be released on
changed the nature of the offense from non-bailable to bailable, the
recognizance as provided by law. The right to bail shall not be
application for bail can only be filed with and resolved by the
impaired even if the privilege of habeas corpus is suspended.
appellate court (read in congruence with Rule 120 Section 6)
Excessive bail shall not be required.
- Should the court grant the application, the accused may be allowed
Bail defined under Rule 114 Section 1 of the Rules of Court to continue on provisional liberty during the pendency of the appeal
under the same bail subject to the consent of the bondsman.
- Bail is the security given for the release of a person in custody of - If the penalty imposed by the trial court is imprisonment exceeding
law, furnished by him or a bondsman to guarantee his appearance 6 years, the accused shall be denied bail or his bail shall be
before any court as required by the conditions hereinafter specified cancelled upon a showing by the prosecution, with notice to the
- Bail may be given in the form of: accused of the following or any other similar circumstance: (REOCU)
o Corporate Surety (Section 10, Rule 114) o That he is a RECIDIVIST, QUASI-RECIDIVIST, or, A HABITUAL
o Property Bond (Sections 11-12, Rule 114) DELINQUENT, or has committed a crime aggravated by the
o Cash Deposit (Section 14, Rule 114) circumstance of reiteracion
o Recognizance (Section 15, Rule 114 and RA 10389
(Recognizance involving Indigents))
 o That he has previously ESCAPED from legal confinement, Rights of the Accused Under Rule 115 Section 1 of the Rules of Court
evaded sentence or violated the conditions of his bail
- In all criminal prosecutions, the accused shall be entitled to the
without valid justification
following rights:
o That he committed the OFFENSE while under probation,
o To be presumed innocent until the contrary is proved
parole, or conditional pardon
beyond reasonable doubt
o The CIRCUMSTANCES of his case indicate the probability of
o To be informed of the nature and cause of the accusation
flight if released on bail
against him
o That there is UNDUE RISK that he may commit another
o To be present and defend in person and by counsel at every
crime during the pendency of the appeal
stage of the proceedings (if absent then trial in absentia)
- The appellate court may motu proprio or on motion of any party,
o To testify as a witness in his own behalf but subject to cross
review the resolution of the Regional Trial Court after notice to the
examination the matters covered by direct examination. His
adverse party in either case.
silence shall not in any manner prejudice him
VIII. RIGHTS OF THE ACCUSED (Article III Section 14, 1987 Constitution) o To be exempt from being compelled to be a witness against
himself. (Relate this with Section 3(4) of Rule 132 on the
- No person shall be held to answer for a criminal offense without
Revised Rules of Evidence)
due process of law
o To confront and cross-examine the witnesses against him at
- In all criminal prosecutions, the accused shall:
the trial.
o have the right to be presumed innocent until the contrary is
o To have compulsory process issued to secure the
proved
attendance of witnesses and production of other evidence
o shall enjoy the right to be heard by himself and counsel
for his behalf
o to be informed of the nature and the cause of the
o To have a speedy, impartial, and public trial
accusation against him
o To appeal in all cases allowed and in the manner prescribed
o to have a speedy, public, and impartial trial
by law. (in relation with Section 3(i) of Rule 117 and Rule
o to meet the witness face to face,
122 on appeal)
o and to have a compulsory process to secure the attendance
of witnesses and the production of evidence on his behalf Remedy for violation of Right to Speedy Trial

Requisites of Trial in Absentia (Article III Section 14, par 2, last sentence) - Rule 119 Section 9 of the Revised Rules on Criminal Procedure
o Can be a ground for dismissal and such dismissal amounts
- However after arraignment, trial may proceed notwithstanding the
to an acquittal and subject to double jeopardy (not
absence of the accused: Provided that he has been duly notified and
appealable)
his failure to appear is unjustifiable
o In other words: IX. RIGHT TO SPEEDY DISPOSITION OF CASES (Article III Section 16 of 1987
 Accused must have been arraigned Constitution)
 Accused must be absent for trial
- All persons shall have the right to a speedy disposition of cases
 Accused must have been notified of such trial and
before:
 Accused’s absence must have been unjustifiable
o All judicial
 o Quasi-judicial XI. RIGHT AGAINST BEING DETAINED BY REASON OF POLITICAL BELIEFS
o or Administrative bodies AND ASPIRATIONS (Article III Section 18(1) of 1987 Constitution)
- Factors to determine delay (Infringement of the right of speedy
- No person shall be detained solely by reason of his political beliefs
disposition of cases)
or aspirations
o Duration of the Delay
o Reason of the Delay XII. RIGHT AGAINST INVOLUNTARY SERVITUDE (Article III Section 18(2)
o Assertion or failure to assert the right of 1987 Constitution)
o Prejudice caused by the delay (Mari v. Gonzales GR. No.
- No involuntary servitude in any form shall exist as a punishment for
187728)
a crime where the party shall have been duly convicted

XIII. RIGHT AGAINST EXCESSIVE FINE AND CRUEL PUNISHMENT (Article III
SPEEDY TRIAL (Section 14) SPEEDY DISPOSITION OF CASES
Section 19 of 1987 Constitution)
(Section 16)
- Excessive Fines shall not be imposed, nor cruel, degrading, or
Is a Statutory Right and a Is a Constitutional Right and inhuman punishment inflicted. Neither shall death penalty be
Criminal law concept applicable to all cases imposed unless, for compelling reasons involving heinous crimes,
the congress hereinafter provides for it.
Available only to the accused Applicable to all proceedings and - Any death penalty already imposed shall be reduced to reclusion
extends to all persons perpetua
- The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
X. RIGHT AGAINST SELF INCRIMINATION (Article III Section 17, 1987
substandard or inadequate penal facilities under subhuman
Constitution)
conditions shall be dealt with by law.
- No person shall be compelled to be a witness against himself
XIV. RIGHT AGAINST IMPRISONMENT FOR NON PAYMENT OF DEBT (Article
Rule 115 Section 1 on Self Incrimination III Section 20 of 1987 Constitution)

- “To exempt him from being compelled to be a witness against - No persons shall be imprisoned for non-payment of debt or a poll
himself.” tax

Rule 132 Section 3(4) on Self Incrimination XV. RIGHT AGAINST DOUBLE JEOPARDY (Article III Section 21 of 1987
Constitution)
- “Right of the witness not to give an answer which will tend to
subject him to a penalty for an offense unless otherwise provided by - No persons shall be put twice in jeopardy of punishment for the
law.” same offense. If an act is punished by a law or an ordinance,
conviction or acquittal under either shall constitute a bar to another
*The privilege of the right of Self Incrimination applies only to evidence prosecution for the same act.
which requires testimonial compulsion.
Instances wherein dismissal of a criminal action results into double jeopardy
 - Rule 119 Section 9 of the Rules of Court - a legislative act which inflicts punishment without judicial trial. If
o Dismissal in violation of the accused’s right to a speedy trial the punishment be less than death, the act is termed a bill of pains
- Rule 119 Sections 17 and 18 of the Rules of Court and penalties. (Cummings v. Missouri)
o Discharge of one or more accused as a state witness
XVII. PROHIBITION ON THE ARREST OF SENATORS OR MEMBERS OF THE
- Rule 119 Section 23 of the Rules of Court
HOUSE OF REPRESENTATIVES DURING SESSION (Article VI Section 11 of
o Grant of a Demurrer of evidence of an accused
1987 Constitution)
- Rule 117 Section 3(i) of the Rules of Court
o Grant of a Motion to Quash on the ground that the accused - A Senator or Member of the House of Representatives shall, in all
has been previously convicted or acquitted or the case offenses punishable by not more than 6 years of imprisonment, be
against him was dismissed or otherwise terminated without privileged from arrest while congress is in session.
his express consent - No Member shall be questioned nor be held liable in any other
place for any speech or debate in the Congress or in any committee
Requisites of Double Jeopardy (FVS)
thereof
- The First Jeopardy has attached to the accused (ICAA)
XVIII. POWER OF THE CONGRESS TO ENACT LAWS AFFECTING THE
o Provided that there is a valid INDICTMENT
JURISDICTION OF THE SUPREME COURT (Article VI Section 30 of the 1987
o in a COMPETENT COURT Constitution)
o wherein the accused was validly ARRAIGNED and entered
his plea - No law shall be passed increasing the appellate jurisdiction of the
o that the accused has been previously ACQUITTED or Supreme Court as provided in this Constitution without its advice
CONVICTED or the case against him was dismissed or and concurrence
otherwise terminated without his express consent Direct appeal to the Supreme Court from the decision of the Ombudsman
- The same was VALIDLY TERMINATED under Section 27 of RA 6770 was held unconstitutional (Fabian v. Desierto,
- There is a SECOND JEOPARDY attached which involves the same 356 SCRA 787)
offense in the first.
XIX. POWER OF THE SUPREME COURT TO REVIEW PROCLAMATION OF
XVI. RIGHT AGAINST EX POST FACTO LAW OR A BILL OF ATTAINDER MARTIAL LAW AND SUSPENSION OF THE PRIVILEGE OF THE WRIT OF
(Article III Section 22 of 1987 Constitution) HABEAS CORPUS (Article VIII Section 18 of the 1987 Constitution)
- No ex post facto law or bill of attainder shall be enacted - The Supreme Court in the exercise of its power of review shall
Ex Post Facto Law defined perform the following:
o Review, in an appropriate proceeding filed by any citizen,
- A law that makes illegal an act that was legal when committed, the sufficiency of the factual basis of the proclamation of
increases the penalties for an infraction after it has been martial law or the suspension of the privilege of the writ or
committed, or changes the rules of evidence to make conviction extension thereof and
easier. o Promulgate its decision thereon within 30 days from its
Bill of Attainder defined filing
 XX. EXPANDED DEFINITION OF JUDICIAL POWER AND ITS COVERAGE o provide for a simplified and inexpensive procedure for the
(Article VIII Section 5 of the 1987 Constitution) speedy disposition of cases
o shall be uniform in all courts of the same grade
- Judicial power shall be vested in:
o and shall not diminish, increase or modify substantive rights
o one SUPREME COURT (1987 Constitution)
- The Rules of procedure of special courts and quasi-judicial bodies
o and in such lower courts as may be established by law
shall remain effective unless disapproved by the Supreme Court
 Court of Appeals (BP 129)
 Sandiganbayan (RA 7975 as amended by RA 8249, XXIII. CONSTITUTIONAL REQUIREMENTS ON JUDGMENT/DECISIONS AND
as further amended by RA 10660) FINAL ORDERS (Article VIII Section 14 of 1987 Constitution)
 Court of Tax Appeals (RA 1125 as amended by RA
- No court shall render a decision without stating clearly and
9282)
distinctly the facts and law on which it is based
 Regional Trial Courts (BP 129)
- No petition for review or motion for reconsideration of a decision of
 Family Courts (RA 8369)
the court shall be refused due course without stating the legal basis
 Sharia District Courts (PD 1083)
therefor
 Metropolitan Trial Courts (BP 129)
 Municipal Trial Courts (BP 129) Requirements of a Judgment under Rule 120 Section 1
 Municipal Circuit Trial Courts (BP 129)
 Sharia Circuit Courts (PD 1083) - Judgment is the adjudication by the court that the accused is guilty
or not guilty of the offense charged and the imposition on him of
Judicial Power Defined the proper penalty and civil liability
- It must be: (WPC)
- The power and authority of the court to:
o Written in the official language
o Settle actual controversies involving rights which are legally
o Personally and directly prepared by the judge and signed by
demandable and enforceable
o To determine whether or not there has been a grave abuse him
o Shall contain Clearly and Distinctly a statement of the facts
of discretion amounting to lack or excess of jurisdiction on
any part of any branch or instrumentality of government and the law upon which it is based

XXII. RULE MAKING POWER OF THE SUPREME COURT (Article VIII Section 5 Contents of a Judgment as stated in Rule 120 Section 2 of the Rules of
par. 5 of the 1987 Constitution) Court?

- The Supreme court in the exercise of its rule making power shall - If the judgement is of CONVICTION it shall state: (QPPC)
promulgate rules concerning: (RAIL) o The legal QUALIFICATION of the offense constituted by the
o The protection and enforcement of constitutional rights, acts committed by the accused and the aggravating or
pleadings, practice, and procedure in all courts; mitigating circumstances which attended its commission
o The admission to the practice of law o the PARTICIPATION of the accused in the offense whether
o The Integrated bar as a:
 Principal (Article 17 of the Revised Penal Code)
o and Legal assistance to the underprivileged
 Accomplice (Article 18 of the Revised Penal Code)
- Such rules however shall: (SUD)
  Accessory (Article 19 of the Revised Penal Code) o File upon verified complaint, or on its own initiative,
o the PENALTY imposed upon the accused petition in court, for the inclusion or exclusion of voters
o the CIVIL LIABILITY or damages caused by his wrongful act o Investigate, and where appropriate, prosecute cases of
or omission to be recovered from the accused by the violation of election laws including acts or omissions
offended party if there is any. constituting frauds, offenses and malpractices
- If the judgment is of ACQUITTAL it shall state: (AMC)
Section 265 of the Omnibus Election Code (BP 881) further provides:
o that the evidence of the prosecution absolutely failed to
prove the guilt of the accused - The Commission shall, through its duly authorized legal officers:
o or that the prosecution merely failed to prove his guilt o Have the exclusive power to conduct preliminary
beyond reasonable doubt investigation of all election offenses punishable under this
o In either case, the judgment shall determine if the act or Code,
omission from which the civil liability might arise did not o And to prosecute the same
exist - The Commission may avail of the assistance of other prosecuting
arms of the government PROVIDED however:
XXIV. REVIEW OF THE DECISIONS, FINAL ORDERS OF THE CONSTITUTIONAL
o That in the event the Commission fails to act on any
COMMISSIONS (Article IX-A Section 7 of 1987 Constitution)
complaint within four months from his filing, the
- Unless, the Constitution or the law otherwise provides, decisions of complainant may file the complaint with the office of the
the constitutional commissions shall be reviewed by the Supreme fiscal or with the Ministry of Justice for proper investigation
Court by way of a petition for certiorari within 30 days from the and prosecution if warranted
receipt thereon
*Preliminary investigation of election offenses for the purpose of
o Review power of Supreme Court over decisions of the
determining whether or not there is probable cause to believe that the
Constitutional Commissions such as:
accused is guilty of the offense charged and, therefore, should be subjected
 The COMELEC
to trial is the function of the COMELEC (COMELEC vs. Espanol 417 SCRA 554)
 Commission on Audit
XXVI. POWERS OF THE OFFICE OF THE OMBUDSMAN (Article XI Section 13,
*This Constitutional Provision is further embodied in Rule 64 of the Rules of
pars. 1 and 3 of the 1987 Constitution)
Court which states:
- The Office of the Ombudsman shall have the following powers in
- A judgement or final order or resolution of the Commission on
criminal cases:
Elections and the Commission on Audit may be brought by the
o Investigate on its own or on complaint by any person, any
aggrieved party to the Supreme Court on certiorari under Rule 65,
act or omission of any public official, employee, office or
except as herein provided.
agency, when such act or omission appears to be illegal,
XXV. POWERS AND FUNCTIONS OF THE COMELEC (Article IX-C Section 2, unjust, improper, or inefficient.
par.6 of 1987 Constitution) o Direct the officer concerned to take appropriate action
against public official or employee at fault, and recommend
- The Commission on Elections shall exercise the following powers
his removal, or suspension, demotion, fine, censure, or
and functions
prosecution and ensure compliance therewith
Section 15 of RA 6770 further provides: Powers and Functions (Article XIII Section 18 of the 1987 Constitution)

- The Office of the Ombudsman shall have the following powers, - The Commission on Human Rights shall have the following powers
functions and duties: and functions: (FCLG)
o Investigate and prosecute on its own or on complaint by any o Investigate on its own or on complaint by any party, all
person, any act or mission of any public officer or employee, forms of human rights violations involving civil and political
office or agency, when such act or omission appears to be rights
illegal, unjust, improper, or inefficient. o Adopt its operational guidelines and rules of procedure and
o It has primary jurisdiction over the cases cognizable by the cite in contempt violations thereof in accordance with the
Sandiganbayan and in the exercise of this primary Rules of Court
jurisdiction it may take over, at any stage, from any o Provide appropriate legal measures for the protection of
investigatory agency of Government, the investigation of human rights of all persons within the Philippines, as well as
such cases Filipinos residing abroad, and provide for preventive
measures and legal aid services to the unprivileged whose
Section 21 of RA 6770 further provides:
human rights have been violated or need protection
- The Ombudsman shall have disciplinary authority over all ELECTIVE o Grant immunity from prosecution to any person whose
AND APPOINTIVE OFFICIALS OF: testimony or whose possession of documents or other
o The Government evidence is necessary or convenient to determine the truth
o Its Subdivisions, Instrumentalities, and Agencies in any investigation conducted by it or under its authority
o Including members of the Cabinet, local government,
*Power of the Commission on Human Rights is to Investigate and not
government-owned or controlled corporations and
Adjudicate
subsidiaries
- EXCEPT - CHR is a fact finding body and its findings and results thereto are
o Over officials who may be removed by Impeachment (as merely recommendatory and not binding on Courts
provided in Article XI Section 2 of the 1987 Constitution)
C. JURISDICTION
 The President
 Vice-President - the power of the court to hear and decide cases (Herrera vs.
 Members of the Supreme Court Barreto 25 Phil 33)
 Members of Constitutional Commissions
Criminal Jurisdiction defined
 The Ombudsman
o Members of Congress - Is the authority to hear and try a particular offense and impose the
o And the Judiciary punishment for it (People vs. Mariano, L-40527)
XXVII CREATION OF THE COMMISSION OF HUMAN RIGHTS (Article XIII Power of Congress to Prescribe Jurisdiction (Basis: Article VIII Section 2 of
Section 17 of the 1987 Constitution) 1987 Constitution)
- There is hereby created an independent office called the - The Congress shall have the power to:
Commission on Human Rights
 o Prescribe, define, and apportion the jurisdiction of various o Should commit an offense while on a Philippine ship or
courts airship
- But may not deprive the Supreme Court of its jurisdiction o Should forge or counterfeit any coin or currency note of the
enumerated in Section 5 hereof Philippine Islands or obligations and securities issued by the
- No law shall be passed reorganizing the Judiciary when IT Government of the Philippine Islands
UNDERMINES THE SECURITY OF TENURE OF ITS MEMBERS o Should be liable for acts connected with the introduction
into these islands of the obligations and securities
Rules on Venue in Criminal Cases?
mentioned in the preceding number
- Venue is jurisdictional. A court cannot exercise jurisdiction over a o While being public officers or employees, should commit an
person charged with an offense committed outside its limited offense in the exercise of their functions
territory o Should commit any of the crimes against the national
security and the law of nations defined in Title One of Book
Section 15 Rule 110 of the Revised Rules on Criminal Procedure Provides:
Two of this Code.
- Subject to existing laws, the criminal action shall be instituted and
Distinctions between Venue in Criminal Cases vs. Venue in Civil Cases
tried in the court of the municipality or territory where the offense
was committed or where any of its essential ingredients occurred VENUE IN CRIMINAL CASES VENUE IN CIVIL CASES
- Where an offense is committed in a train, aircraft or other public or Venue is jurisdictional Venue is only procedural
private vehicle in the course of its trip, the criminal action shall be
instituted and tried in the court of any municipality or territory
where such train, aircraft, or other vehicle passed during its trip, Venue is conferred by provision of Venue may be agreed upon by the
including the place of its departure and arrival law parties
- Where an offense is committed on board a vessel in the course of its
voyage, the criminal action shall be instituted and tried in the court Improper venue is a ground for Improper venue in civil cases can be
of the first port entry or of any municipality or territory where the Motion to Quash the complaint or subject of a motion to dismiss based
vessel passed during such voyage, subject to the generally and information on the ground of lack of on improper venue (Section 1(c) Rule
accepted principles of international law jurisdiction over the offense charged 16)
- Crimes committed outside the Philippines but punishable under (Section 3(b) Rule 117)
In case of the denial of a motion to In case of the denial of the motion to
Article 2 of the Revised Penal Code shall be cognizable by the court
quash on the ground of lack of dismiss on the ground of improper
where the criminal action is first filed
jurisdiction over the offense charged, venue, the remedy is to file the
Article 2 of the Revised Penal Code on the principle of territoriality the remedy is to proceed to answer with the remaining balance
arraignment, pretrial, present of the period to file a responsive
- Except as provided in the treaties and laws of preferential evidence, and in case of adverse pleading, but in no less than five days
application, the provisions of this code shall be enforced not only decision, appeal the judgement and and raise the ground as an
within the Philippine Archipelago including its atmosphere, its raised as one of the errors the denial affirmative defenses proceed with
interior waters and maritime zone, but also outside of its of the motion to quash, unless the the trial and in case of an adverse
jurisdiction against those who: denial is tainted with grave abuse of decision, appeal the same
discretion amounting to lack or
 excess of jurisdiction, Rule 65 is the o power of the court to take judicial cognizance of a case
remedy therefore instituted for judicial action for the first time under the
conditions provided by law
- EXCLUSIVE
Requisites in order for the Court to Assume Jurisdiction over Criminal
o power of the court to adjudicate a cases or proceeding to
Cases (SAP)
the exclusion of all other courts at that stage
- The court must be clothed with proper jurisdiction over the - EXCLUSIVE and ORIGINAL
SUBJECT MATTER of the offense charged. o power of the court to take judicial cognizance of a case
o Not doing so is a ground for a Motion to Quash under Rule instituted for judicial action for the first time under the
117 Section 3b of the Revised Rules of Criminal Procedure conditions provided by law and to the exclusion of other all
- The court must have validly acquired jurisdiction over the person of courts
the ACCUSED - APPELLATE
o Not doing so is a ground for Motion to Quash under Rule o power and authority conferred upon a superior court to
117 Section 3c of the Revised Rules of Criminal Procedure rehear and determine the causes which have been tried in
- The court must have jurisdiction over the PLACE or TERRITORY lower courts
where the crime was committed. - TERRITORIAL
o A court is deemed to have jurisdiction over the territory o refers to the geographical area within which its powers can
where the offense was committed if the offense is be exercise
committed or any of its essential ingredients should have - CONCURRENT/CONFLUENT/COORDINATE
taken place within the territorial jurisdiction of the court o power conferred upon different courts whether of the same
(Rule 110 Section 15a of the Revised Rules on Criminal or different ranks to take cognizance at the same stage of
Procedure) the same case in the same or different judicial territories
- ANCILLIARY
o power of the court to adjudicate and determine matters
incidental to the exercise of its primary jurisdiction of an
action
Types/Classes of Jurisdiction:
o this also refers to jurisdictions of the courts to issue
- GENERAL JURISDICTION ancillary writs provided in Rules 57 to 61 of the Rules of
o power of the court to adjudicate all controversies EXCEPT Court on Provisional Remedies
THOSE EXPRESSLY WITHHELD FROM THE PLENARY POWERS  Ancillary Writs of
OF THE COURT  Preliminary Attachment (Rule 57)
- SPECIAL or LIMITED  Preliminary Injunction (Rule 58)
o One which restricts the court’s jurisdiction only to particular  Receivership (Rule 59)
cases and subject to such limitations as may be provided by  Replevin (Rule 60)
law  Support Pendente Lite (Rule 61)
- ORIGINAL
 o See Rule 61 Section 6 for Support o Writ of Kalikasan
Pendente lite in Criminal Cases
Concurrent (with the Court of Appeals, Sandiganbayan and the Regional
- DELEGATED
Trial Court)
o refers to the power of the Metropolitan Trial Court to take
cognizance, hear, and determine land and cadastral cases - petitions for: (CPMHAD)
which are normally under the jurisdiction of the Regional o Certiorari
trial court provided: o Prohibition
 that the lot in issue is not subject of a controversy o Mandamus
 or when it is subject of a controversy, the value of o Habeas Corpus
the lot does not exceed P100,000 o Writ of Amparo
Doctrine of Hierarchy of Courts o Habeas Data

- Doctrine which requires respect for the hierarchy of courts. This was Appellate
created by the court to ensure that every level of the judiciary - Decisions, Final Orders or Resolutions by: (CSCSR)
performs its designated roles in an effective and efficient manner o Court of Appeals
Doctrine of Primary Jurisdiction o Sandiganbayan
o Court of Tax Appeals en banc
- The Doctrine that states that courts will not determine a o Sharriah Appellate Courts
controversy involving a question within the jurisdiction of the o Regional Trial Courts (when only an error of question of law
administrative tribunal where the question demands the exercise of
is involved)
sound administrative discretion requiring special knowledge and
- Constitutional Basis of the power of the Supreme Court to Review
expertise of said administrative tribunal to determine technical and
decisions of the lower courts
intricate matters of fact.
o Section 5 par. 2 Article VIII of the 1987 Constitution:
I. JURISDICTION OF THE SUPREME COURT  Review, revise, reverse, modify, or affirm on appeal
or certiorari, as the law or the Rules of Court may
BASIS: Section 5 par. 1 of Article VIII of the 1987 Constitution provide, final judgments and orders of lower courts
Original in:
 All cases in which the constitutionality or
- Cases involving ambassadors, public ministers and consuls validity of any treaty, international or
- Over petitions for: CPMQHD executive agreement, law, presidential
o Certiorari (Rule 65) decree, proclamation, order, instruction,
o Prohibition (Rule 65) ordinance, or regulation is in question.
o Mandamus (Rule 65) (TILOPPIOR)
o Quo Warranto (Rule 66)  All cases involving the legality of any tax,
o Habeas Corpus (Rule 102) impost, assessment, or toll, or any penalty
o Habeas Data imposed in relation thereto. (TIAT)
  All cases in which the jurisdiction of any - Petitions for: CPMHADF
lower court is in issue. o Certiorari
 All criminal cases in which the penalty o Prohibition
imposed is reclusion perpetua or higher. o Mandamus
 All cases in which only an error or question o Habeas Corpus
of law is involved. o Amparo
- Procedural Basis is Rule 45 under the Rules of Court (Petition for o Habeas Data
Review on Certiorari) o Freeze Orders on any monetary instrument, property, or
o On Purely Questions of Law proceeds relating to or involving any unlawful activity under
 Questions of law exists when there is doubt or Section 3j of RA 9160 as amended by RA 9194 (Anti-Money
controversy as to what the law is on a certain state Laundering Act)
of facts.
 Question of fact exists when the doubt or Concurrent (with the Supreme Court, Sandiganbayan, Regional trial
controversy arises as to the truth or falsity of the Courts)
alleged facts - Over petitions for: CPMHAD
Ancilliary o Certiorari
o Prohibition
- the Supreme Court can issue ancillary writs mentioned in Rules 57- o Mandamus
61 in relation to Rule 127 of the Rules of Court. o Habeas Corpus
o Amparo
II. JURISDICTION OF COURT OF APPEALS o Habeas Data

Nature (Exclusive) Appellate (BASIS: Section 9(3) of BP 129)

- is primarily designed as an appellate court that reviews the - By Ordinary Appeal (Section 3a, Rule 122 of the Revised Rules of
determination of facts and law made by trial courts Criminal Procedure)
o Relevant Rules are the following o Decisions and final orders of the Regional Trial Courts in the
 Rule 124 (Sections 1-18) exercise of its original jurisdiction except those appealable
 Rule 122 (Section 3a, 3b, 3c) to the Supreme Court, or the Sandiganbayan or the Court of
 Rule 43 (Appeal of decisions of Quasi-Judicial Tax Appeals
Bodies)  Appeal is taken by filing a Notice of Appeal with the
 Rule 44 (Sections 1-15) court that which rendered the judgement or final
 Rule 42 (Sections 1-9, regarding appeal of the order appealed from
decision of the RTC in the exercise of its appellate  And by serving a copy thereof to the adverse party
jurisdiction)  The Court of Appeals however takes an appeal by
way of Automatic Review if the penalty imposed is
Original (BASIS: Section 9 of BP 129)
 Reclusion Perpetua or higher. (Rule 122, Section 3c treasurers, assessors, engineers, and other
of the Revised Rules on Criminal Procedure.) provincial department heads:
o And Take note of RULE 43 of the RULES OF COURT
- By Petition for Review "(b) City mayors, vice-mayors, members of the
o Decisions and final orders rendered by the Regional Trial sangguniang panlungsod, city treasurers, assessors,
engineers, and other city department heads;
Court in the exercise of its appellate jurisdiction can be
appealed to the Court of Appeals by Petition for Review
"(c) Officials of the diplomatic service occupying the
under Rule 122, Section 3b in relation to Rule 42 of the
position of consul and higher;
Rules of Court

III. SANDIGANBAYAN "(d) Philippine army and air force colonels, naval
captains, and all officers of higher rank;
Nature (BASIS: Section 1 of PD 1606 as amended by the ff. (RA
7975/RA8249/RA10660) "(e) Officers of the Philippine National Police while
occupying the position of provincial director and
- It is a Special Court of the same level as the Court of Appeals those holding the rank of senior superintendent and
- Composed of 1 presiding justice and 8 associate justices who are all higher;
appointed by the President
"(f) City and provincial prosecutors and their
Exclusive Original (Section 4 of RA 8249 as amended by RA 10660)
assistants, and officials and prosecutors in the Office
of the Ombudsman and special prosecutor;
"SEC. 4. Jurisdiction. –  The Sandiganbayan shall exercise exclusive original
jurisdiction in all cases involving:
"(g) Presidents, directors or trustees, or managers
of government-owned or controlled corporations,
"a. Violations of Republic Act No. 3019, as amended, otherwise
state universities or educational institutions or
known as the Anti-Graft and Corrupt Practices Act, Republic Act No.
foundations.
1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal
Code, where one or more of the accused are officials occupying the
"(2) Members of Congress and officials thereof classified as
following positions in the government, whether in a permanent,
Grade ’27’ and higher under the Compensation and Position
acting or interim capacity, at the time of the commission of the
Classification Act of 1989;
offense:
"(3) Members of the judiciary without prejudice to the
"(1) Officials of the executive branch occupying the
provisions of the Constitution;
positions of regional director and higher, otherwise
classified as Grade ’27’ and higher, of the Compensation
"(4) Chairmen and members of the Constitutional
and Position Classification Act of 1989 (Republic Act No.
Commissions, without prejudice to the provisions of the
6758), specifically including:
Constitution; and
"(a) Provincial governors, vice-governors, members
of the sangguniang panlalawigan, and provincial
 "(5) All other national and local officials classified as Grade under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided,  That
’27’ and higher under the Compensation and Position the jurisdiction over these petitions shall not be exclusive of the Supreme
Classification Act of 1989. Court”

"b. Other offenses or felonies whether simple or complexed with Original/Concurrent (with the Supreme Court and the Court of Appeals)
other crimes committed by the public officials and employees
mentioned in subsection a. of this section in relation to their office. - Petitions for (CPMHIAD)

"c. Civil and criminal cases filed pursuant to and in connection with o Certiorari
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
o Prohibition
"Provided,  That the Regional Trial Court shall have exclusive original
jurisdiction where the information: (a) does not allege any damage to the o Mandamus
government or any bribery; or (b) alleges damage to the government or
bribery arising from the same or closely related transactions or acts in an o Habeas Corpus
amount not exceeding One million pesos (P1,000,000.00).
o Injunctive writs in aid of its appellate jurisdiction in cases
"Subject to the rules promulgated by the Supreme Court, the cases falling involving EOs 1, 2, 14, and 14-A)
under the jurisdiction of the Regional Trial Court under this section shall be
tried in a judicial region other than where the official holds office. o Writ of Amparo

"In cases where none of the accused are occupying positions corresponding o Habeas Data
to Salary Grade ’27’ or higher, as prescribed in the said Republic Act No.
6758, or military and PNP officers mentioned above, exclusive original
Concurrent (With the Supreme Court, Court of Appeals and Regional Trial
jurisdiction thereof shall be vested in the proper regional trial court,
Courts
metropolitan trial court, municipal trial court, and municipal circuit trial
court, as the case may be, pursuant to their respective jurisdictions as
- Petitions for: AHCPM
provided in Batas Pambansa Blg. 129, as amended.
o Amparo
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final
judgments, resolutions or orders of regional trial courts whether in the
exercise of their own original jurisdiction or of their appellate jurisdiction as o Habeas Data
herein provided.
 In relation to public data files of government offices
"The Sandiganbayan shall have exclusive original jurisdiction over petitions
for the issuance of the writs  of mandamus,  prohibition, certiorari, habeas o Certiorari
corpus,  injunctions, and other ancillary writs and processes in aid of its
appellate jurisdiction and over petitions of similar nature, including quo o Prohibition
warranto,  arising or that may arise in cases filed or which may be filed
 o Mandamus Cases Within the Jurisdiction of the Court En Banc

 In Relation to an act or omission of a Municipal Trial SEC. 2. Cases within the jurisdiction of the Court en banc. – The Court en
Court, Corporation, Board, officer, or Person banc shall exercise exclusive appellate jurisdiction to review by appeal the
following:

(a) Decisions or resolutions on motions for reconsideration or new

Appellate trial of the Court in Divisions in the exercise of its exclusive
appellate jurisdiction over:
- Decisions and Final orders of:
o Regional Trial Courts in the exercise of their original or (1) Cases arising from administrative agencies – Bureau of
appellate jurisdiction under RA 10660, shall be appealable Internal Revenue, Bureau of Customs, Department of
to the Sandiganbayan in the manner provided by Rule 122, Finance, Department of Trade and Industry, Department of
Section 3a and 3b of the Rules of Court Agriculture;
o The Sandiganbayan cannot acquire jurisdiction over
(2) Local tax cases decided by the Regional Trial Courts in
offenses committed by private persons.
the exercise of their original jurisdiction; and
IV. COURT OF TAX APPEALS
(3) Tax collection cases decided by the Regional Trial Courts
Exclusive Original (Criminal) (Basis: Section 7b or RA 9282) in the exercise of their original jurisdiction involving final
and executory assessments for taxes, fees, charges and
- Over all criminal offenses arising from violations of: (NTO)
penalties, where the principal amount of taxes and
o National Internal Revenue Code
penalties claimed is less than one million pesos;
o Tariff and Customs Code
o Other laws administered by the BIR or the Bureau of (b) Decisions, resolutions or orders of the Regional Trial Courts in
Customs local tax cases decided or resolved by them in the exercise of their
- Provided However, that: (P1 and NO SPECIFIC AMOUNT) appellate jurisdiction;
o the offenses or felonies mentioned in this paragraph where
the principal amount of the taxes and fees, exclusive of (c) Decisions, resolutions or orders of the Regional Trial Courts in tax
charges and penalties, claimed is less than P1,000,000 collection cases decided or resolved by them in the exercise of their
o or where there is no specified amount claimed appellate jurisdiction;
o In the two situations mentioned, the case falls under the
(d) Decisions, resolutions or orders on motions for reconsideration
jurisdiction of REGULAR COURTS and the jurisdiction of the
or new trial of the Court in Division in the exercise of its exclusive
CTA SHALL BE APPELLATE.
original jurisdiction over tax collection cases;
Exclusive Appellate
(e) Decisions of the Central Board of Assessment Appeals (CBAA) in
- Over cases mentioned in Section 7 of RA 1125 as amended by RA the exercise of its appellate jurisdiction over cases involving the
9282
 assessment and taxation of real property originally decided by the - Violations of Environmental laws and regulations
provincial or city board of assessment appeals;
Concurrent (With Supreme Court)
(f) Decisions, resolutions or orders on motions for reconsideration
or new trial of the Court in Division in the exercise of its exclusive - Cases affecting ambassadors, public consuls, and ministers
original jurisdiction over cases involving criminal offenses arising Concurrent (With Supreme Court and Court of Appeals)
from violations of the National Internal Revenue Code or the Tariff
and Customs Code and other laws administered by the Bureau of - Petitions for:
Internal Revenue or Bureau of Customs; o Habeas Corpus (Rule 102)
o Quo Warranto (Rule 66)
(g) Decisions, resolutions or orders on motions for reconsideration
or new trial of the Court in Division in the exercise of its exclusive Concurrent (with Supreme Court, Court of Appeals and Sandiganbayan)
appellate jurisdiction over criminal offenses mentioned in the
- Petitions for: CPMAD
preceding subparagraph; and
o Certiorari
(h) Decisions, resolutions or orders of the Regional trial Courts in the o Prohibition
exercise of their appellate jurisdiction over criminal offenses o Mandamus
mentioned in subparagraph (f).  if they relate to an act or omission of a trial court,
corporation, board, officer, or, person.
V. REGIONAL TRIAL COURT o Amparo
o Habeas Data
Exclusive Original (N(6y)(27)(4k)CIIE)
Concurrent (with Metropolitan Trial Courts, Municipal Trial Courts, and,
- Criminal Cases not within the exclusive jurisdiction of any court Municipal Circuit Trial Courts)

- Application for a Protection Order under Section 10 of RA 9262 (Anti

- Criminal Cases wherein the penalty provided by law exceeds 6 years
irrespective of the fine Violence Against Women and Children Act), unless there is a family
court in the residence of the petitioner
- Criminal acts committed by public officers below Salary Grade 27 Exclusive Appellate (Basis: Section 22 of BP 129)

- Criminal cases wherein the penalty provided is only a fine that - over decisions and final orders of the
exceeds the amount of P4000 o Metropolitan Trial Court
o Municipal Trial Court
- Jurisdiction over Complex Crimes o Municipal Circuit Trial Court

- Illegal Recruitment Cases (RA 8042 as amended by RA 10022) Special Jurisdiction (Basis: Section 23 of BP 129)

- The Supreme Court may designate certain branches of the Regional

- Violations of the Intellectual Property Code
Trial Courts to handle exclusively the following cases:
 o Criminal Cases - In all cases of damage to property through criminal negligence,
o Juvenile and Domestic Relations Cases regardless of other penalties and the civil liabilities arising
o Agrarian Cases therefrom
o Urban land reform cases which do not fall under the - All Offenses (Except those enumerated in Section 4 of RA 8249 as
Jurisdiction of quasi-judicial bodies and agencies; and or, amended by RA 10660) committed by public officers and employees
o Such other special cases as the Supreme Court may in relation to their office, including those employed in GOCCs and by
Determine in the interest of a speedy and efficient private individuals charged as co-principals, accomplices or
administration of justice accessories, punishable with imprisonment of not more than 6 years
with a salary grade of less than 27
VI. FAMILY COURTS
Cases falling Under the Rules on Summary Procedure in Criminal Cases
Original and Exclusive (RTC acting as a Family Court, Basis: RA 8369) (Basis: Section 1 Par. B of the 1991 Rules on Summary Procedure) TROC
- Criminal cases where one or more of the accused is below 18 years - Violations of Traffic Laws
of age but above 9 years of age, when one or more of the victims is - Violations of Rental Laws
a minor at the time of the commission of the offense; Provided That - Violations of City or Municipal Ordinances
if the minor is found guilty, the court shall promulgate the sentence - All other criminal cases where:
and ascertain any civil liability which the accused may have o Penalty prescribed by law is imprisonment of not more than
incurred, The Sentence however shall be suspended without need 6 months
of application pursuant to PD 1903, otherwise known as “The Child o or a fine not exceeding P1000
and Youth Welfare Code;” o or both
- Cases against minors cognizable under RA 9165 (Dangerous Drugs  Irrespective of other imposable penalties, accessory
Act of 2002) or otherwise or of the civil liability arising therefrom
- Violation of RA 7610 (Anti Child Abuse Law) o PROVIDED: That in offenses involving damage to property
- Violation of RA 9775 (Anti Child Pornography Act of 2009)
through criminal negligence, this rule shall govern where
- Violation of RA 9262 (VAWC law)
the imposable fine does not exceed ten thousand (10000)
- Criminal Cases involving juveniles if no preliminary investigation is
pesos.
required under Rule 112 Section 1 of Rules on Criminal Procedure.
*Section 32 of BP 129 states that RTC and Sandiganbayan generally are
VII. MUNICIPAL TRIAL COURTS
the only tribunals who have jurisdiction over offenses punishable with
Exclusive Original Jurisdiction of Criminal Actions (Basis: Section 32 of RA imprisonment of 6 years or more
7691) C(>6)PP

- All violations of city or municipal ordinances committed within their

Instances where the penalty of imprisonment not exceeding six years is
respective territorial jurisdictions
cognizable by the Sandiganbayan or the Regional Trial Court?
- All offenses punishable with imprisonment of not more than 6 years
irrespective of the amount of the fine - Libel Cases penalized under Article 355 of the Revised Penal Code
 - Other forms of Direct Bribery under Article 210 of the Revised Penal The following enumerated below are the proceedings/remedies which may
Code take place or availed of before the filing of a criminal complaint or
- Indirect Bribery Under Article 211 of the Revised Penal Code information before the court as prescribed by law or the rules, to wit:

Special Jurisdiction of the MTC/MCTC/MeTC Judges in Criminal Cases - Referral of the case to the barangay for conciliation and mediation
(Basis: Section 35 of BP 129) (RA 7160) and issuance of Barangay Protection Order (RA 9262)
- Arrest without warrant (Rule 113 Section 5)
- In the absence of RTC Judges in a province of City, the MTC, MeTC,
- Custodial Investigation (RA 7438)
MCTC Judge may hear and decide the following:
- Inquest Proceedings (2008 Manual of Prosecutors)
o Petitions for Habeas Corpus
- Preliminary Investigation (Rule 112)
o Applications for Bail (Rule 114) in criminal cases
- Posting of Bail (Rule 114)
VIII. SHARIÁH CIRCUIT COURTS - Application of the accused before the Department of Justice as a
State Witness (RA 6981)
Jurisdiction in Criminal Cases (Art. 155 of PD 1083) - Application for Search Warrant (Rule 126 Section 4)
- All cases involving offenses defined and punished under this code I. BARANGGAY CONCILIATION (RA 7160)
Non-Applicability of the RPC on Bigamy (Art. 180 of PD 1083) General Rule on Referral to Barangay (Section 412(a) of RA 7160)
- The Provisions of the RPC relative to the crime of bigamy shall not - No complaint, petition, action or proceedings involving any matter
apply to a person married in accordance with the provisions of this within the authority of the Lupon shall be filed or instituted directly
Code or, before its effectivity, under, Muslim law. or indirectly in court or in any other government office for
Offenses falling under the jurisdiction of the Shari’ah Circuit Courts in adjudication, unless there has been a confrontation between the
Criminal Cases parties before the Lupon chairman or the pangkat and that no
conciliation or settlement has been reached as certified by the
- Illegal solemnization of marriage (Art. 181) Lupon Secretary as attested to by the Lupon or pangkat chairman or
- Marriage before the expiration of ‘idda (Art. 182) unless the settlement has been repudiated by the parties therein.
- Offenses relative to subsequent marriage, divorce, and revocation
of divorce (Art. 183) Adm. Circ. No. 14-93
- Failure to report for registration (Art. 184) - All disputes are subject to Baranggay conciliation pursuant to the
- Neglect of duty by registrars (Art. 185) revised Katarungang Pambaranggay Law and prior recourse thereto
is a precondition before filing a complaint in court or any other
government offices

Exceptions on Referral to Baranggay Conciliation

D. PROCEEDINGS OR REMEDIES BEFORE FILING OF THE COMPLAINT OR
INFORMATION IN COURT 1.) Section 408, RA 7160 (GP1PRDO)

a.) Where one party is the government or any subdivision or

instrumentality thereof
 b.) Where one party is a public officer or employee and the dispute a.) Offenses for which the law prescribes a maximum penalty of
relates to the performance of his official functions imprisonment exceeding one (1) year or a fine over five thousand pesos
(P5000)
c.) Offenses punishable by imprisonment exceeding one (1) year or
a fine exceeding Five Thousand pesos (P5000) b.) Offenses where there is no private offended party

d.) Offenses where there is no private offended party c.) Disputes where urgent legal action is necessary to prevent
injustice from being committed or further continued, specifically the
e.) Where the dispute involves real properties located in different
following:
cities or municipalities unless the parties thereto agree to submit their
differences to amicable settlement by an appropriate Lupon c.1) Criminal Cases where the accused is under police
custody or detention
f.) Disputes involving parties who actually reside in barangays of
different cities or municipalities, except where such barangay units adjoin c.2) Petition for habeas corpus by a person illegally deprived
each other and the parties thereto agree to submit their differences to of his right to custody over another or a person illegally deprived of
amicable settlement by an appropriate lupon his liberty or one acting in his behalf

g.) Such other classes of disputes which the President may d.) Actions coupled with provisional remedies such as preliminary
determine in the interest of justice or upon the recommendation of the injunction, attachment, delivery of personal property and support during
Secretary of Justice the pendency of the action

2.) Section 412(b), RA 7160 e.) Actions which may be barred by the Statute of Limitations

Parties may go directly to court in the following instances: Venue of Baranggay Conciliation (Section 409 of RA 7160) (relate this to
the provision of RA 9262 with regards the application for a Barangay
1.) Where the accused is under detention
protection Order)
2.) Where a person has otherwise been deprived of personal liberty
- The rules on venue as prescribed by the above provision of the law
calling for habeas corpus (Rule 102) proceedings
shall be as follows:
3.) Where the actions are coupled with provisional remedies (Rules o Disputes between or among persons actually residing in the
57-61 of the Rules of Court) such as preliminary injunction, attachment, same barangay shall be brought for amicable settlement
delivery of personal property (replevin) and support pendente lite. before the Lupon of said barangay.
o Those involving actual residents of different barangays
4.) Where the action may otherwise be barred by the statute of
within the same city or municipality shall be brought in the
limitations.
barangay where the respondent or any of the respondents
3.) Adm. Circ. No. 14-93 actually resides, at the election of the complainant
o All disputes which involve real property or any interest
Other cases enumerated in Adm Circ 14-93 are as follows: therein shall brought in the barangay where the real
property or any part thereof is situated
 o Those arising at the workplace where the contending of the certification to file action issued by the lupon or pangkat
parties are employed or at the institution where such secretary: Provided, however, That such interruption shall not
parties are enrolled for study, shall be brought in the exceed sixty (60) days from the filing of the complaint with the
barangay where such workplace or institution is located punong barangay.

Parties In A Barangay Proceeding (Section 410 of RA 7160) Duties of the Pangkat:

Section 410. Procedure for Amicable Settlement. – (d) Issuance of summons; hearing; grounds for disqualification –

Who may initiate the proceeding? 1.) The pangkat shall convene not later than three (3) days from its
constitution, on the day and hour set by the lupon chairman,
(a) Who may initiate proceeding - Upon payment of the appropriate
filing fee, any individual who has a cause of action against another 2.) to hear both parties and their witnesses,
individual involving any matter within the authority of the lupon
may complain, orally or in writing, to the lupon chairman of the 3.) simplify issues, and
barangay.
4.) explore all possibilities for amicable settlement.
Duties of the Lupon Chairman upon the receipt of the complaint:
Powers of the Pangkat:
(b) Mediation by lupon chairman - Upon receipt of the complaint,
the lupon chairman shall within the next working day summon the For this purpose, the pangkat may:
respondent(s), with notice to the complainant(s) for them and their
witnesses to appear before him for a mediation of their conflicting 1.) issue summons for the personal appearance of parties and
interests. If he fails in his mediation effort within fifteen (15) days witnesses before it.
from the first meeting of the parties before him, he shall forthwith
set a date for the constitution of the pangkat in accordance with the 2.) In the event that a party moves to disqualify any member of the
provisions of this Chapter. pangkat by reason of relationship, bias, interest, or any other similar
grounds discovered after the constitution of the pangkat, the matter
Effect of the pendency of the mediation, conciliation, or arbitration: shall be resolved by the affirmative vote of the majority of the
pangkat whose decision shall be final.
(c) Suspension of prescriptive period of offenses - While the dispute
is under mediation, conciliation, or arbitration, the prescriptive Effect in case the disqualification is decided favorably
periods for offenses and cause of action under existing laws shall be
interrupted upon filing the complaint with the punong barangay. Should disqualification be decided upon, the resulting vacancy shall
be filled as herein provided for.
Resumption of the Prescriptive Period:

The prescriptive periods shall resume upon receipt by the

complainant of the complainant or the certificate of repudiation or
Timeframe within which the pangkat should arrive at a settlement the compromise settlement agreed upon by the parties before the
lupon chairman or the pangkat chairman shall be submitted to the
(e) Period to arrive at a settlement - The pangkat shall arrive at a court and upon approval thereof, have the force and effect of a
settlement or resolution of the dispute within fifteen (15) days from judgment of the said court.
the day it convenes in accordance with this section. This period
shall, at the discretion of the pangkat, be extendible for another
period which shall not exceed fifteen (15) days, except in clearly
Execution of Amicable Settlement of Arbitration Award (Section 417 of RA
meritorious cases.
7160)
Personal Appearance in Barangay Proceedings Required; Exceptions - The amicable settlement or arbitration award may be enforced by
(Section 415 of RA 7160) the execution by the lupon within six (6) months from the date of
the settlement.
- In all katarungang pambarangay proceedings, the parties must
- After the lapse of such time, the settlement may be enforced by
appear in person without the assistance of counsel or
action in the appropriate city or municipal court
representative, except for minors and incompetents who may be
assisted by their next-of-kin who are not lawyers Repudiation (Section 418 of RA 7160)

Action of the Court In case of Non Compliance with the Conciliation - Any arty to the dispute within ten (10) days from the date of the
Proceedings/Effect of Non-Referral of the Case With the Barangay settlement, repudiate the same by filing with the lupon chairman a
statement to that effect sworn to before him, where the consent is
In civil cases vitiated by fraud, violence, or intimidation.
- dismissal on the ground of failure to comply with a condition - Such repudiation shall be sufficient basis for the issuance of the
precedent certification for filing a complaint.

In criminal cases

- dismissal on the ground of PREMATURITY II. ARREST WITHOUT WARRANT (Rule 113 Section 5)

Arrest defined (Section 1 of Rule 113 of the Rules on Criminal Procedure)

Nature and Effect of Amicable Settlement And Arbitration Award (Section - The taking of a person into custody in order that he may be bound
416 of RA 7160) to answer for the commission of an offense

- The Amicable settlement and arbitration award shall have the force Manner And Method of Arrest (Section 2 of Rule 113 of the Rules on
and effect of a final judgment of a court upon the expiration of ten Criminal Procedure)
(10) days from the date thereof, unless repudiation of the - An Arrest is made by an actual restraint of a person to be arrested,
settlement has been made of a petition to nullify the award has or,
been filed before the proper city or municipal court - by his submission to the custody of the person making the arrest.
- However this provision shall not apply to court cases settled by the
lupon under the last paragraph of Section 408 of this Code, in which
Limitations on making an arrest (Section 2, par, 2 of Rule 113 of the Rules officer was not in Marikina during the buy
on Criminal Procedure) bust operation

- No violence or unnecessary force shall be used in making an arrest.

c.) When the person to be arrested is a prisoner who has
The person arrested shall not be subject to a greater restraining
escaped from a penal establishment or place where he is
than is necessary for his detention.
serving final judgment or is temporarily confined while his
o Relate this with Article III Section 12 of the 1987
case is pending or has escaped while being transferred from
Constitution
one confinement to another (ESCAPEE DOCTRINE)
When Arrest is Lawful even without a warrant (Section 5(a)(b)(c) of Rule
Effects if the person was arrested under paragraph 2 of the rule?
113 of the Revised Rules on Criminal Procedure)
- In cases falling under paragraphs (a) and (b) above, the person
- A peace officer or a private person may, without a warrant, arrest a
arrested without a warrant shall be
person
o Delivered to the nearest police station or jail; and
a.) When in his presence the person to be arrested has
o Shall be proceeded against in accordance with Section 7 of
committed, is actually committing, or is attempting to
Rule 112
commit an offense (PLAIN VIEW DOCTRINE/IN FLAGRANTE
DELICTO) Arrest In flagrante Delicto (Rule 113 Section 5(a)) REQUISITES (G.R. No.
 Arrest In flagrante Delicto (Rule 113 Section 5(a)) 188133):
REQUISITES (G.R. No. 188133):
- The person to be arrested must execute an overt act indicating that
 The person to be arrested must execute an
he has just committed, is actually committing or is attempting to
overt act indicating that he has just
commit a crime and,
committed, is actually committing or is
- Such overt act is done in the presence or within the view of the
attempting to commit a crime and,
arresting officer
 Such overt act is done in the presence or
within the view of the arresting officer Relate Rule 113 Section 5 to Rule 126 Section 13 (Searches Incidental to a
lawful arrest)
b.) When an offense has just been committed and he has
probable cause to believe based on personal knowledge of - Searches Incidental to a Lawful Arrest:
facts or circumstances that the person to be arrested o A person lawfully arrested may be searched for dangerous
committed it. (HOT PURSUIT DOCTRINE) weapons or anything which may have been used or
constitute proof in the commission of an offense without a
 In relation to the doctrine of People v. Merabueno search warrant.
(239 SCRA 197) Illegal warrantless arrest; when objection must be made:
 Wherein the Supreme Court Ruled that the
arrest in this case was not made pursuant - Any objection, defect or irregularity attending an arrest must be
to the hot pursuit doctrine for the peace made before the accused enters his plea on arraignment (One of
the Remedies before Arraignment).
Waiver of objection on Irregularity of Arrest: o Signed by the said person in the
presence of his counsel, otherwise
- Jurisprudence tells us that an accused is estopped from assailing any
it will be null and void and has no
irregularity of his arrest if he fails to raise this issue or to move for
legal effect
the quashal of the information against him on this ground before
o After the filing of the complaint or information in court
arraignment,
without a preliminary investigation, the accused may, within
- Thus any objection involving a warrant of arrest or the procedure by
5 days from the time he learns of its filing, ask for a
which the court acquired jurisdiction of the person of the accused
preliminary investigation with the same right to adduce
must be made before he enters his plea; otherwise, the objection is
evidence in his defense as provided for in this Rule.
deemed waived (People v. Velasco, G.R. No. 190318, November 27,
2013) Warrantless Arrest Under the Rules of Procedure For Intellectual Property
Cases (A.M. no. 10-3-10-SC, Section 3)
Distinguish Entrapment from Instigation:
- When a person is lawfully arrested without a warrant the
ENTRAPMENT INSTIGATION
information may be filed by a prosecutor without a need of such
The means originates from the The instigator induces the would be
investigation provided an inquest had been conducted in
mind of the criminal. Otherwise defendant into committing the
stated the idea to commit the offense and he himself becomes a accordance with the existing Rules
crime comes from the Criminal co-principal - Before an Information is filed, the person arrested may ask for a
preliminary investigation in accordance with this Rule, but he must
sign a waiver of the provisions of Article 125 of the Revised Penal
Remedies of the person arrested under paragraphs (a) and (b) of Section 5 Code, as amended, in the presence of his counsel. Notwithstanding
of Rule 113 (Section 6 of Rule 112?) the waiver he may apply for bail and the investigation must be
terminated within fifteen (15) days from its inception
- A person arrested without a warrant under paragraphs (a) and (b)
o Requisites of valid waiver under Article 125 of the Revised
of Section 5, Rule 113 may avail of the following remedies in
Penal Code:
accordance with the Rules:
 The Requirements of a valid waiver under Article
o Before the complaint of information is filed, the person
125 of the RPC are as follows:
arrested may ask for a preliminary investigation in
 It must be in writing;
accordance with this Rule, but he must sign a waiver of the
 Signed by the said person in the presence of
provisions of Article 125 of the Revised Penal Code, as
his counsel, otherwise it will be null and
amended, in the presence of his counsel. Notwithstanding
void and has no legal effect
the waiver, he may apply for bail and the investigation must
- After the filing of the complaint in court without preliminary
be terminated within 15 days from its inception
investigation, the accused may, within five (5) days from the time he
 Requisites of valid waiver under Article 125 of the
learns of its filing may ask for a preliminary investigation with the
Revised Penal Code:
same right to adduce evidence in his defense as provided in this rule
 The Requirements of a valid waiver under
Article 125 of the RPC are as follows: Time of making an Arrest (Section 6, Rule 113 of Rules on Criminal
o It must be in writing; Procedure)
 - An arrest may be made on any day and at any time of the day or - General Rule
night. o When making an arrest, a private person shall inform the
person to be arrested of the intention to arrest him and the
Method of making an arrest (Section 8, Rule 113)
cause of his arrest
- General Rule - Exception
o When making an arrest without a warrant, the officer shall o Unless the latter is either engaged in the commission of the
inform the person to be arrested of his authority and the offense
cause of his arrest. o Is pursued after its commission
- Exception (EPFRI) o Flees
o Unless the latter is either engaged in the commission of the o Forcibly resists arrest before the person making the arrest
offense has the opportunity to do so inform him
o Is pursued after its commission o When giving of such information would imperil the arrest
o Flees
Assistance to Effect Arrest (Section 10, Rule 113)
o Forcibly resists arrest before officer has the opportunity to
do so inform him - An officer making a lawful arrest may orally summon as many
o When giving of such information would imperil the arrest. persons as he deems necessary to assist him in effecting the arrest.

Arrest After Escape or Rescue (Section 13, Rule 113) Limitations:

- If a person lawfully arrested escapes or is rescued, any person may o Every person so summoned by an officer shall assist him in
immediately pursue or retake him without a warrant at any time effecting the arrest when he can render such assistance
and in any place within the Philippines without detriment to himself

Officers authorized to effect arrest: Right of the Officer to Break Into the Building or Enclosure to Effect
Warrantless Arrest (Section 11 of Rule 113)
- Officers and Members of the Philippine National Police
- Members of the National Bureau of Investigation - An Officer in order to make an arrest by virtue of a warrant or
- Secret Service Agents WITHOUT A WARRANT as provided in section 5, may break into any
- All peace officers authorized by law or ordinance, mayors, barangay building or enclosure where the person to be arrested is or is
captains and his agents reasonably believed to be, provided:
- Custom Officers and agents o if he is refused admittance thereto and,
- Internal Revenue Officers and Agents o after announcing his authority and purpose
- Officers of the Bureau of Post in accordance with their authority
under the law Right of the Officer to Break Out From The Building (Section 12 of Rule
- Secret Marshall 113)

Citizen’s Arrest Without Warrant/Method of Arrest made by a Private - Whenever an officer has entered the building or enclosure in
Person (Section 9, Rule 113) accordance with the preceding section, he may break out therefrom
when necessary to liberate himself
Arrest for Violation of RA 9372 (Anti-Terrorism Law) Immediately after taking custody of a person charged with or
suspected of the crime of terrorism or conspiracy to commit
Arrest and delivery of the person committing violation of RA 9372 (Section terrorism, the police or law enforcement personnel shall notify in
18 of RA 9372) writing the judge of the court nearest the place of apprehension or
arrest: Provided ,That where the arrest is made during Saturdays,
“SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - Sundays, holidays or after office hours, the written notice shall be
The provisions of Article 125 of the Revised Penal Code to the served at the residence of the judge nearest the place where the
contrary notwithstanding, any police or law enforcement personnel, accused was arrested.
who, having been duly authorized in writing by the Anti-Terrorism
Council has taken custody of a person charged with or suspected of The penalty of ten (10) years and one day to twelve (12) years of
the crime of terrorism or the crime of conspiracy to commit imprisonment shall be imposed upon the police or law enforcement
terrorism shall, without incurring any criminal liability for delay in personnel who fails to notify and judge as Provided in the preceding
the delivery of detained persons to the proper judicial authorities, paragraph.”
deliver said charged or suspected person to the proper judicial
authority within a period of three days counted from the moment Requirements for Detention In Case of Actual or Imminent Terrorist Attack
the said charged or suspected person has been apprehended or (Section 19 of RA 9372)
arrested, detained, and taken into custody by the said police, or law
enforcement personnel: Provided, That the arrest of those “SEC. 19. Period of Detention in the Event of an Actual or
suspected of the crime of terrorism or conspiracy to commit Imminent Terrorist Attack. - In the event of an actual or imminent
terrorism must result from the surveillance under Section 7 and terrorist attack, suspects may not be detained for more than three
examination of bank deposits under Section 27 of this Act. days without the written approval of a municipal, city, provincial or
regional official of a Human Rights Commission or judge of the
The police or law enforcement personnel concerned shall, before municipal, regional trial court, the Sandiganbayan or a justice of the
detaining the person suspected of the crime of terrorism, present Court of Appeals nearest the place of the arrest. If the arrest is
him or her before any judge at the latter's residence or office made during Saturdays, Sundays, holidays or after office hours, the
nearest the place where the arrest took place at any time of the day arresting police or law enforcement personnel shall bring the
or night. It shall be the duty of the judge, among other things, to person thus arrested to the residence of any of the officials
ascertain the identity of the police or law enforcement personnel mentioned above that is nearest the place where the accused was
and the person or persons they have arrested and presented before arrested. The approval in writing of any of the said officials shall be
him or her, to inquire of them the reasons why they have arrested secured by the police or law enforcement personnel concerned
the person and determine by questioning and personal observation within five days after the date of the detention of the persons
whether or not the suspect has been subjected to any physical, concerned: Provided, however, That within three days after the
moral or psychological torture by whom and why. The judge shall detention the suspects, whose connection with the terror attack or
then submit a written report of what he/she had observed when the threat is not established, shall be released immediately.”
subject was brought before him to the proper court that has
jurisdiction over the case of the person thus arrested. The judge Bail Not Bar to Objections On Illegal Arrest, Lack of or Irregular Preliminary
shall forthwith submit his/her report within three calendar days Investigation (Section 26 of Rule 114) (Another Remedy before
from the time the suspect was brought to his/her residence or Arraignment)
office.
 - An application for admission to bail shall not bar the accused from Children below the Age of Criminal Responsibility (Section 20 of RA 9344
challenging the validity of arrest or the legality of the warrant of as amended by RA 10630)
arrest issued therefor, or assailing the irregularity or questioning the
absence of preliminary investigation of the charge against him, "SEC. 20. Children Below the Age of Criminal Responsibility. – If it
provided he raised them before entering his plea. The Court shall has been determined that the child taken into custody is fifteen (15)
resolve the matter as early as practicable but not later than the start years old or below, the authority which will have an initial contact
with the child, in consultation with the local social welfare and
of the trial of the case
development officer, has the duty to immediately release the child
Arrest of The Accused Out On Bail Without Warrant (Section 23 of Rule to the custody of his/her parents or guardian, or in the absence
114) thereof, the child’s nearest relative. The child shall be subjected to a
community-based intervention program supervised by the local
- An Accused released on bail may be re-arrested without the social welfare and development officer, unless the best interest of
necessity of a warrant if he attempts to depart from the Philippines the child requires the referral of the child to a youth care facility or
without prior permission of the court where the case is pending. ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited
NGOs monitored by the DSWD.
Arrest under RA 10630 (Act strengthening the Juvenile Justice System In
The Philippines) "The local social welfare and development officer shall determine
Minimum Age of Criminal Responsibility (Section 6 of RA 10630) the appropriate programs for the child who has been released, in
consultation with the child and the person having custody over the
child. If the parents, guardians or nearest relatives cannot be
"SEC. 6. Minimum Age of Criminal Responsibility. – A child fifteen
located, or if they refuse to take custody, the child may be released
(15) years of age or under at the time of the commission of the
to any of the following:
offense shall be exempt from criminal liability. However, the child
shall be subjected to an intervention program pursuant to Section
"(a) A duly registered nongovernmental or religious organization;
20 of this Act.
"(b) A barangay official or a member of the Barangay Council for the
"A child is deemed to be fifteen (15) years of age on the day of the
Protection of Children (BCPC);
fifteenth anniversary of his/her birthdate.
"(c) A local social welfare and development officer; or, when and
"A child above fifteen (15) years but below eighteen (18) years of
where appropriate, the DSWD.
age shall likewise be exempt from criminal liability and be subjected
to an intervention program, unless he/she has acted with
"If the child has been found by the local social welfare and
discernment, in which case, such child shall be subjected to the
development officer to be dependent, abandoned, neglected or
appropriate proceedings in accordance with this Act.
abused by his/her parents and the best interest of the child requires
that he/she be placed in a youth care facility or ‘Bahay Pag-asa’, the
"The exemption from criminal liability herein established does not
child’s parents or guardians shall execute a written authorization for
include exemption from civil liability, which shall be enforced in
the voluntary commitment of the child: Provided, That if the child
accordance with existing laws."
has no parents or guardians or if they refuse or fail to execute the
written authorization for voluntary commitment, the proper
 petition for involuntary commitment shall be immediately filed by against him. Secret detention places, solitary,
the DSWD or the Local Social Welfare and Development Office incommunicado, or other similar forms of detention are
(LSWDO) pursuant to Presidential Decree No. 603, as amended, prohibited.
otherwise known as ‘The Child and Youth Welfare Code’ and the o Any confession or admission obtained in violation of this or
Supreme Court rule on commitment of children: Provided, further, Section 17 hereof shall be inadmissible in evidence against
That the minimum age for children committed to a youth care
him.
facility or ‘Bahay Pag-asa’ shall be twelve (12) years old."
o The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to the
rehabilitation of the victims of torture or similar practices
III. CUSTODIAL INVESTIGATION and their families
Custodial Investigation defined Coverage of Custodial Investigation (Section 2 of RA 7438)
- Refers to any questioning initiated by law enforcement officers after - As used in the Act, ‘custodial investigation’ shall include the practice
a person has been taken into custody or otherwise deprived of his of issuing an invitation to a person who is investigated in connection
freedom of action in any significant way (Jesalva v. People, G.R. No. with an offense he is suspected to have committed, without
187725, January 19, 2011) prejudice to the liability of the inviting officer for any violation of
law.
Constitutional Basis
- Custodial Investigation begins when the police investigation is no
- Section 12 of Article III of the 1987 Constitution longer a general inquiry into an unsolved crime but has begun to
- Any person under investigation for the commission of a criminal focus on a particular suspect taken into custody by the police who
offense shall have: (SCTIP) carries out a process of interrogation that lends itself to elicit
o The right to be informed of his right to be silent incriminating statements (People v. Sunga, 399 SCRA 624 (2003))
o To have a competent and impartial counsel preferably of his - This is the stage where the accused invokes his Miranda Rights.
own choice. If the person cannot afford the services of
counsel, he shall be provided with one (in rel with Rule 122
Sec. 13 and Rule 124 Sec. 2). These rights cannot be waived
except in writing and in presence of counsel.
Distinguish Custodial Investigation (RA 7438) from Preliminary
 Right to Counsel as further explained in RA 7438
Investigation (Rule 112)
extends to all stages of proceedings
 It is more than just the presence of a lawyer in the CUSTODIAL INVESTIGATION PRELIMINARY INVESTIGATION
courtroom or the mere propounding of standard Refers to any questioning initiated Is an inquiry or proceeding to
questions and objections. It means an efficient and by law enforcement officers after a determine whether there is
decisive legal assistance and a simple perfunctory person has been taken into custody sufficient ground to engender a
function (People v. Sunga, 399 SCRA 624) or otherwise deprived of his well-founded belief that a crime
o No torture, force, violence, threat, intimidation or any freedom of action in any significant has been committed and the
manner which would vitiate the consent shall be used way respondent is probably guilty
thereof and should be held for trial
 Custodial Investigation is Preliminary investigation is any person for the commission of an offense shall inform
conducted by the law enforcement conducted by the investigating the latter, in a language known to and understood by him,
officer prosecutor or persons mentioned of his rights to remain silent and to have competent and
in Section 2 of Rule 112 independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the
Custodial Investigation is Preliminary Investigation is person arrested, detained or under custodial investigation.
conducted for the purpose of conducted to determine whether If such person cannot afford the services of his own counsel,
eliciting information or a there is sufficient ground to he must be provided with a competent and independent
confession from the person engender a well-founded belief counsel by the investigating officer.lawphi1Ÿ
arrested who committed a crime that a crime has been committed
and the respondent is probably (c) The custodial investigation report shall be reduced to
guilty thereof, and should be held writing by the investigating officer, provided that before
for trial. such report is signed, or thumbmarked if the person
arrested or detained does not know how to read and write,
Visitation Rights and Right to Counsel (Section 14 of Rule 113 of the Rules it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the
On Criminal Procedure)
investigating officer in the language or dialect known to
- Any member of the Philippine Bar shall, at the request of the person such arrested or detained person, otherwise, such
arrested or of another acting in his behalf, have the right to visit and investigation report shall be null and void and of no effect
confer privately with such person in the jail or any other place of whatsoever.
custody at any hour of the day or night.
- Subject to reasonable regulations, a relative of the person arrested (d) Any extrajudicial confession made by a person arrested,
detained or under custodial investigation shall be in writing
can also exercise the same right.
and signed by such person in the presence of his counsel or
in the latter's absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters,
his spouse, the municipal mayor, the municipal judge,
district school supervisor, or priest or minister of the gospel
as chosen by him; otherwise, such extrajudicial confession
Rights of the Person Detained and Arrested Under RA 7438 (Section 2) shall be inadmissible as evidence in any proceeding.

Section 2. Rights of Persons Arrested, Detained or Under Custodial (e) Any waiver by a person arrested or detained under the
Investigation; Duties of Public Officers.– provisions of Article 125 of the Revised Penal Code, or
under custodial investigation, shall be in writing and signed
(a) Any person arrested detained or under custodial by such person in the presence of his counsel; otherwise the
investigation shall at all times be assisted by counsel. waiver shall be null and void and of no effect.

(b) Any public officer or employee, or anyone acting under  Requisites of valid waiver under Article 125 of the
his order or his place, who arrests, detains or investigates Revised Penal Code:
  The Requirements of a valid waiver under 1.) The confession must involve an express and categorical
Article 125 of the RPC are as follows: acknowledgement of guilt
o It must be in writing;
2.) The facts admitted must be constitutive of a criminal offense
o Signed by the said person in the
presence of his counsel, otherwise 3.) The Confession must have been given voluntarily and intelligently
it will be null and void and has no
4.) There must be no violation of the constitutional rights of the accused
legal effect
under Section 12, Article III of the Constitution
(f) Any person arrested or detained or under custodial (Relate this provision with Section 12 of Article III, and Section 17 of Article
investigation shall be allowed visits by or conferences with III)
any member of his immediate family, or any medical doctor
or priest or religious minister chosen by him or by any Principle of Interlocking Confession (People v. Reyes, GR no. 178300)
member of his immediate family or by his counsel, or by any
- “It is also to be noted that appellants’ extrajudicial confessions were
national non-governmental organization duly accredited by
the Commission on Human Rights of by any international independently made without collusion, are identical with each other
non-governmental organization duly accredited by the in their material respects and confirmatory of the other. They are,
Office of the President. The person's "immediate family" therefore also admissible as circumstantial evidence against their
shall include his or her spouse, fiancé or fiancée, parent or co-accused implicated therein to show the probability of the latter’s
child, brother or sister, grandparent or grandchild, uncle or actual participation in the commission of the crime.
aunt, nephew or niece, and guardian or ward. - They are also admissible as corroborative evidence against others, it
being clear from the other facts and circumstances presented in the
As used in this Act, "custodial investigation" shall include the commission of the crime charged and proved. This is what is known
practice of issuing an "invitation" to a person who is investigated in commonly as interlocking confession and such is an exception to the
connection with an offense he is suspected to have committed, rule that Extrajudicial admissions/confessions are admissible in
without prejudice to the liability of the "inviting" officer for any evidence only against the declarant thereof.
violation of law.
Requisites for a valid extrajudicial confession executed during custodial
investigation:
Extrajudicial Confession (Section 3 of Rule 133 of the Rules of Evidence) - Any extrajudicial confession made by a person arrested, detained or
under custodial investigation shall be:
- An extrajudicial confession made by an accused shall not be
o In writing
sufficient ground for conviction unless corroborated by evidence of
o Signed by such person in the presence of his counsel or in
corpus delicti
the latter’s absence, upon a valid waiver and in the
What is Corpus Delicti? presence of any of the parents, elder brothers and sisters,
his spouse, the municipal mayor, the municipal judge,
- It is the body of the crime
district school supervisor or priest or minister of the gospel
Requisites of Extrajudical Confession in order to be admissible? (ECVC) as chosen by him.
Failure to comply; Effect "The taking of the statement of the child shall be conducted in the
presence of the following: (1) child’s counsel of choice or in the
- Non-compliance with the aforementioned requirements shall absence thereof, a lawyer from the Public Attorney’s Office; (2) the
render such extrajudicial confession shall be inadmissible as child’s parents, guardian, or nearest relative, as the case may be;
evidence in any proceeding and (3) the local social welfare and development officer. In the
absence of the child’s parents, guardian, or nearest relative, and the
Rights of Visitation of the person arrested and detained:
local social welfare and development officer, the investigation shall
- Any person arrested or detained or under custodial investigation be conducted in the presence of a representative of an NGO,
shall be allowed visits by or conferences with: religious group, or member of the BCPC.
o any member of his immediate family, or
"The social worker shall conduct an initial assessment to determine
o any medical doctor or priest or religious minister chosen by
the appropriate interventions and whether the child acted with
him or
discernment, using the discernment assessment tools developed by
o any member of his immediate family or by his counsel, or the DSWD. The initial assessment shall be without prejudice to the
o any national non-governmental organization duly preparation of a more comprehensive case study report. The local
accredited by the Commission on Human Rights of by any social worker shall do either of the following:
international non-governmental organization duly
accredited by the Office of the President. "(a) Proceed in accordance with Section 20 if the child is
- The person's "immediate family" shall include his or her spouse, fifteen (15) years or below or above fifteen (15) but below
fiancé or fiancée, parent or child, brother or sister, grandparent or eighteen (18) years old, who acted without discernment;
grandchild, uncle or aunt, nephew or niece, and guardian or ward and

Person arrested by virtue of a warrant of arrest not covered by criminal "(b) If the child is above fifteen (15) years old but below
investigation; Exceptions eighteen (18) and who acted with discernment, proceed to
diversion under the following chapter."
- As a general rule, a person arrested by virtue of warrant of arrest is
not covered by criminal investigation and must not be placed under
custodial interrogation for the obvious reason that he is already
being held accountable to that particular crime before a court of IV. INQUEST PROCEEDINGS
justice.
Inquest defined
Custodial Investigation under RA 10630
- is an informal and summary investigation conducted by a public
Duties during Initial Investigation (Section 22 of RA 9344) prosecutor in criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest issued by the
"SEC. 22. Duties During Initial Investigation. – The law enforcement court for the purpose of determining whether or not said persons
officer shall, in his/her investigation, determine where the case should remain under the custody and correspondingly be charged
involving the child in conflict with the law should be referred.
before the court.
Persons arrested without a warrant (Relate inquest to Section 5 of Rule purpose of conducted to purpose of eliciting
113 as discussed earlier and to the provision mentioned below): determining whether determine whether information or a
or not said persons there is sufficient confession from the
Section 7 of Rule 112 should remain under ground to engender a person arrested who
- When a person is lawfully arrested without a warrant involving an custody and well-founded belief committed a crime
correspondingly be that a crime has been
offense which requires a preliminary investigation, the complaint of
charged before the committed and the
information may be filed by a prosecutor without need of such
court respondent is
investigation provided an inquest has been conducted in probably guilty
accordance with the existing Rules. thereof, and should be
- In the absence or unavailability of an inquest prosecutor, the held for trial.
complaint may be filed by the offended party or a peace officer
directly with the proper court on the basis of the affidavit of the
offended party or the arresting officer or person Coverage of Inquest Proceedings:

Distinguish Inquest/Preliminary Investigation/Custodial Investigation - All offenses covered under the Revised Penal Code, special laws,
rules and regulations
INQUEST PRELIMINARY CUSTODIAN - Where the respondent is a minor (below 18 years old) the inquest
INVESTIGATION INVESTIGATION shall cover only offenses punishable by imprisonment of not less
A summary inquiry Is an inquiry or Refers to any than six years and 1 day, provided that no inquest investigation shall
conducted by a proceeding to questioning initiated be conducted unless the child- respondent shall have first
prosecutor for the determine whether by law enforcement
undergone requisite proceedings before the Local Social Welfare
purpose of there is sufficient officers after a person
Development Office pursuant to the Rules on Inquest With Respect
determining whether ground to engender a has been taken into
to Children in Conflict with the Law (CICL)
the warrantless arrest well-founded belief custody or otherwise
of a person was based that a crime has been deprived of his
on probable cause committed and the freedom of action in
respondent is any significant way Designation of An Inquest Prosecutor
probably guilty thereof
and should be held for - The Chief State Prosecutor of the Provincial Prosecutor shall
trial designate the prosecutors assigned to inquest duties and shall
Inquest is conducted Preliminary Custodial Investigation furnish the PNP a list of their names and their schedule of
by the inquest Investigation is is conducted by the assignments. If, however there is one prosecutor in the area, all
prosecutor conducted by the law enforcement inquest cases shall be referred to him for appropriate action
Investigating officer
Venue of Inquest Cases
Prosecutor or the
persons mentioned in - The venue is at the police stations headquarters of the PNP
Section 2 of Rule 112 or at the Office of the inquest prosecutor
Inquest proceedings is Preliminary Custodial Investigation
conducted for the Investigation is is conducted for the Date and time of the Conduct of the inquest
 - Inquest may be conducted at any time of the week - For this purpose, the inquest officer may summarily examine the
- however where an inquest falls on a: arresting officers on the circumstances surrounding the arrest or
o non-working day, apprehension of the detained person
o Sunday, and
Meaning of probable cause in inquest
o holiday,
o and a prosecutor is not available - it is the actual belief or reasonable grounds of suspicion that the
- The inquest proceedings shall be conducted on the first office day person to be arrested is about to commit or is attempting to commit
following the arrest. a crime or is in the act of committing a crime, or has committed a
crime, either in the presence of without the presence of the
Commencement of Inquest
arresting officer.
- The inquest proceedings shall be considered as commenced upon
Where arrest of the detained person was not properly effected: Remedies
the receipt by the inquest prosecutor of the following documents:
o The investigation Report - Recommend the Release of the person arrested or detained
o The Sworn statements of the complainant/s and the - prepare a resolution indicating the reasons for the action taken
witness/es - forward the same together with the record of the case, to the Chief
o other supporting pieces of evidence gathered by the police State or Provincial Prosecutor for appropriate action
in the course of the latter’s investigation of the criminal Inquest Proper
incident involving the arrested or detained person
- Inquest will commence where the detained person does not opt for
Instances where the Presence of the Detainee may be dispensed with a preliminary Investigation or otherwise refuses to execute the
- If he is confined in a hospital required waiver, notwithstanding the absence of a counsel, by
- If he is detained in a place under maximum security examining the sworn statements/affidavits of the complainant and
the witnesses and other supporting evidence submitted.

Charges and Counter-Charges

Termination of Inquest Proceedings
- All charges and counter-charges arising from the same incident shall
as far as practicable, be consolidated and the conduct of inquest - Proceedings must be terminated within the period prescribed under
proceedings shall be jointly to avoid contradictory or inconsistent the provisions of Article 125 of the Revised Penal Code:
disposition o 12 hours for light offenses
o 18 hours for less grave offenses
Determination of the arrest of the inquest prosecutor o 36 hours for grave offenses
- The inquest prosecutor shall first determine if the arrest of the - The periods shall be counted from the time of the arrest.
detained person was made in accordance with paragraphs a, b, and,
c of Section 5 of Rule 113 of the Revised Rules of Criminal
Procedure.
 V. WITNESS PROTECTION PROGRAM (RA 6981 – AN ACT PROVIDING FOR o Thereafter issue proper certification.
WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM AND FOR o For purposes of this Act, any such person admitted to the
OTHER PURPOSES) program shall known as the WITNESS.
Basic Concepts on The Witness Protection Program under the (DOJ) Nature of The Proceedings and Penalty in Case of Violation (Section 7 of
RA 6981)
Requirements for the Admission to the Witness Protection Program
(Section 3 of RA 6981) - All proceedings involving the application for admission into the
Program and the action taken thereon shall be confidential in
- Any person who has witnessed or has knowledge or information on
nature.
the commission of a crime and has testified or is testifying or about
- No information or documents given or submitted in support thereof
to testify before any judicial or quasi-judicial body, or before any
shall be released except upon written order of the Department or
investigating authority may be admitted into the Program provided
the proper court.
that:
o the offense in which his testimony will be used is a grave Effects of violation of the confidentiality Rule
felony as defined under the Revised Penal Code, or its
- Any person who violates the confidentiality of said proceeding shall
equivalent under special laws
upon conviction be punished with imprisonment of not less than 1
o his testimony can be substantially corroborated in its
year but not more than 6 years and deprivation of the right to hold
material points
public office or employment for a period of 5 years
o he or any member of his family within the second civil
degree of consanguinity or affinity is subjected to threats to Speedy hearing or Trial in the Application to the program (Section 9 of RA
his life or bodily injury or there is a likelihood that he will be 6981)
killed, forced, intimidated, harassed or corrupted to
- In any case where a Witness admitted into the Program shall
prevent him from testifying, or to testify falsely or
testify, the judicial or quasi-judicial body, or investigating authority
evasively, because or on account of his testimony
shall assure a speedy hearing or trial and shall endeavor to finish
o he is not a law enforcement officer, even if he would be
said proceeding within 3 months from the filing of the case.
testifying against other law enforcement officers. In such a
case, only the immediate members of his family may avail
themselves of the protection provided for in this act.
State Witness and requirements Under the Program (Section 10 of RA
Effects with the compliance with requirements: 6981)
- The department, after examination of said application and other - Any person who has participated in the commission of a crime and
relevant facts, is convinced that the requirements of this act and its desires to be a witness for the State, can apply and if qualified as
implementing rules and regulations have been complied with: determined in this Act and by the Department, shall be admitted
o It shall admit said applicant to the Program into the Program whenever the following circumstances are
o Require said witness to execute a sworn statement present:
detailing his knowledge or information on the commission
of the crime
 o The offense in which his testimony will be used is a grave implementing rules are complied with, it may admit such
felony as defined under the Revised Penal Code or its person into the Program and issue the corresponding
equivalent under special laws; certification
o There is absolute necessity for his testimony
o There is no other direct evidence available for the proper - Effect if the application is denied
prosecution of the case o If his application for admission is denied, said sworn
o His testimony can be substantially corroborated on its statement any other testimony given in support of said
material points application shall not be admissible in evidence except for
o He does not appear to be most guilty and impeachment purposes
o He has not at any time been convicted of any crime
Effects of Admission of A State Witness into the Program (Section 12 of RA
involving moral turpitude 6981)
Distinguish Section 17 of Rule 119 and RA 6981 - The certification of admission into the Program by the Department
Section 17 of Rule 119 Republic Act 6981 shall be:
Immunity is granted by the Court Immunity is granted by the DOJ o Given full faith and credit by the provincial or city
No qualification of the offenses Offenses involved are grave prosecutor who is required not to include the Witness in the
involved offenses criminal complaint or information and
Contemplates a situation where Contemplates a situation wherein o if included therein, to petition the court for his discharge in
the information has been filed and the accused has not yet been order that he can utilized as a State Witness. The Court shall
the accused had been arraigned arraigned and the case is not order the discharge and exclusion of the said accused from
and the case is undergoing trial undergoing trial the information.
Judicial in character Executive in Character o Admission into the Program shall entitle such State Witness
to immunity from criminal prosecution for the offense or
State Witness and Requirements under the Program (Section 11 of RA offenses in which his testimony will be given or used and all
6981) the rights and benefits provided under Section 8 hereof.

- Sworn Statement requirement

o before any person is admitted into the program pursuant to
the next preceding section he shall:
 Execute a sworn statement describing in detail the Failure of the Witness to Testify (Section 13 of RA 6981)
manner in which the offense was committed and
- Any Witness registered in the Program who fails or refuses to testify
his participation therein
or to continue to testify without just cause when lawfully obliged to
do so, shall be:
- When can the applicant be admitted to the program?
o Prosecuted for contempt. If he testifies falsely or evasively,
o If after said examination of said person, his sworn
he shall be liable to prosecution for perjury.
statement and other relevant facts, the Department is
satisfied that the requirements of this Act and its
 o If a State Witness fails or refuses to testify, or testifies General Warrant defined:
falsely or evasively, or violates any condition accompanying
- a search or arrest warrant that is not particular as to the person to
such immunity without just cause, as determined in a
be arrested or the property to be seized
hearing by the proper court, his immunity shall be removed
- It is a search warrant which does not sufficiently describe or
and he shall be subject to contempt or criminal prosecution.
particularize the personal properties to be seized without a definite
o Moreover, the enjoyment of all rights and benefits under
guideline to the searching team or to what things might be lawfully
this Act shall be deemed terminated.
seized (Stonehill v. Diokno, 20 SCRA 383)
Remedy of the Witness
Constitutional Provision Against Unreasonable Searches and Seizures
- The Witness may, however, purge himself of the contumacious acts (Article III Section 2 of the 1987 Constitution)
by testifying at any appropriate stage of the proceedings.
- The right of people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizers of whatever
nature and for any purposes shall be inviolable. No search warrant
VI. BAIL BEFORE THE FILING OF A CRIMINAL COMPLAINT OR or warrant or arrest shall issue except upon probable cause to be
INFORMATION determined personally by the judge after examination under oath or
Posting of Bail Before Filing of the Charge In Court (Section 17 of Rule 114 affirmation of the complainant and the witnesses he may produce,
of the Rules of Court) and particularly describing the place to be searched or the person or
thing to be seized.
- c.) Any person in custody who is not yet charged in court may apply
for bail with any court in the province, or city or municipality where Requisites under the Constitution for a valid Search Warrant or Warrant of
he is held Arrest to Issue.

- No search warrant or warrant of arrest shall issue except:

VII. SEARCHES AND SEIZURES o Upon Probable Cause
o To be personally determined by the judge
Search Warrant defined (Section 1 of Rule 126 of the Rules of Court) o After examination under oath or affirmation of the
- An order in writing issued in the name of the People of the complainant and the witnesses he may produce
Philippines signed by a judge and directed to a peace officer, o Particularly describing the place to be searched or the
commanding him to search for personal property described therein person or thing to be seized.
and bring it before the court.
Requisites under Rule 126 Section 4 for a valid Search Warrant to issue
Nature of Application for a Search Warrant
- A search warrant shall not issue except:
- It is not a criminal action o Upon Probable Cause
- It is a SPECIAL CRIMINAL PROCEEDING/Special Criminal Process o In connection with one Specific Offense
- It is issued Ex Parte (application not a criminal information) o To be personally determined by the judge
o It is not a part of trial nor a trial o After examination under oath or affirmation of the
complainant and the witnesses he may produce
 o particularly describing the place to be searched and the o However, if the criminal action has already been filed, the
things to be seized which may be anywhere in the application shall only be made in the court where the
Philippines criminal action is pending

Rule 126 Section 4 and Section 2 of Article III Of the Constitution Side by Object of a search warrant (Section 3 of Rule 126)
Side:
- A Search warrant may be issued for the search and seizure of
Rule 126 Section 4 Article III Section 2 (1987 Consti) personal property:
No Search Warrant Shall Issue except: o Subject of the offense
Upon Probable Cause Upon Probable Cause o Stolen or embezzled and other proceeds, or, fruits of the
In Connection with one Specific To be determined personally by the offense
Offense judge o Used or intended to be used as the means of committing
To be personally determined by the After examination under oath or the offense
judge affirmation of the complainant and
the witnesses he may produce Requisites under Rule 126 Section 4 for a valid Search Warrant to issue

After examination under oath or Particularly describing the place to - A search warrant shall not issue except:
affirmation of the complainant and be searched or the person or thing o Upon Probable Cause
the witnesses he may produce to be seized o In connection with one Specific Offense
o To be personally determined by the judge
Particularly describing the place to o After examination under oath or affirmation of the
be searched and the things to be complainant and the witnesses he may produce
seized which may be anywhere in o particularly describing the place to be searched and the
the Philippines things to be seized which may be anywhere in the
Philippines

Probable Cause definitions in Arrest, Searches and Seizures, Inquest

Court Where the Application for Search Warrant must be filed (Section 2
Proceedings, and Preliminary investigations:
of Rule 126)
Warrantless Searches and Preliminary Inquest
- An Application for a search warrant shall be filed with the following
Arrests (Rule Seizures (Rule Investigation Proceedings
o Any court within whose territorial jurisdiction a crime was 113 Section 126 Section 4) (Rule 112 Sections (2008
committed 5(b)) 1 and 3) Manual of
o For compelling reasons, any court within the judicial region Prosecutors)
where the crime was committed if the place of the When an Facts and Facts and it is the
commission of the crime is known, or offense has just Circumstances circumstances actual belief
o Any court within the judicial region where the warrant shall been which would which are or reasonable
be enforced committed and lead a sufficient to grounds of
he has probable reasonable engender a well- suspicion
cause to believe discreet and founded belief that the
 based on prudent man to that a crime has person to be Meaning of Searching Questions
personal believe that an been committed arrested is
knowledge of offense has been and the about to - Means only taking into consideration the purpose of the preliminary
facts or committed and respondent is commit or is examination which is to determine “whether there is reasonable
circumstances that the objects guilty thereof, and attempting to ground to believe that an offense has been committed and that the
that the person sought in should be held for commit a accused is probably guilty thereof so that the warrant of arrest may
to be arrested connection with trial. crime or is in be issued and the accused held for trial”
committed it the offense are the act of - *Searching Questions already prohibited in warrant of arrests
in the place committing a (Continuous Trial Rule)
sought to be crime, or has
searched committed a Form and Issuance of A Warrant (Section 6 of Rule 126)
(Pendon v. CA crime, either
- If the Judge is satisfied of the existence of facts upon which the
191 SCRA 429) in the
application is based or that there is probable cause to believe that
presence of
without the they exist, he shall issue the warrant which must be substantially in
presence of the form prescribed by these Rules.
the arresting Right of the Officer to Break Door or Window To effect Search (Section 7 of
officer
Rule 126)
Determined by Determined by Determined by the Determined
the Peace the Judge Investigating by the - In case the officer effecting the search was refused admittance to
officer effecting Prosecutor Inquest the place subject of the search after giving notice of the purpose
the warrantless Prosecutor and authority can undertake the following:
arrest o Break open any outer or inner door or window of a house or
any part therein to execute a warrant; or
o Liberate himself or any person lawfully aiding him when
Doctrine of Scattershot Warrants unlawfully detained herein.
- Warrants issued for multiple offenses. Such warrant is not allowed Search In The Presence of Witnesses (Section 8 of Rule 126)
under the Rules and law.
- The following persons who should be present at the time of the
Personal Examination of the Applicant and the Witnesses (Section 5 of search of the house, room, or any other premises by virtue of a
Rule 126) search warrant
- The judge must, before issuing the warrant, personally examine the o The occupant of the house, room, or any other premises
form of searching questions and answers, in writing and under oath, o Any member of the family
the complainant and the witnesses he may produce on facts o In their absence, two witnesses of sufficient age and
personally known to them to the record their sworn statements, discretion residing in the locality
together with the affidavits submitted
Time of making the search (Section 9 of Rule 126)
 - The search of a house, place, room, or any part thereof shall be  If none, shall summon the person to whom the
made in the daytime as directed in the search warrant except when warrant was issued and require him to explain why
the affidavit asserts that the property is on the person or in the no return was made.
place ordered to be searched in which case a direction may be  If the return has been made the judge shall
inserted that it be served at any time of the day or night ascertain whether section 11 of this Rule has been
complied with; and
Validity of A Search Warrant (Section 10 of Rule 126)
 Shall require that the property seized be delivered
- A search warrant issued by the court shall be valid for 10 days from to him. The judge shall see to it that subsection a)
its date. Thereafter, it shall be void hereof has been complied with
o When the search under the same warrant on one day was - Responsibility of the custodian of the logbook of the search warrant
interrupted, it may be continued under the same warrant o The return on the search warrant shall be filed and kept by
the following day, provided it is still within the ten day the custodian of the logbook on search warrants who shall
period (People v. Dizon-Capulong, 257 SCRA 430) enter therein the date of the return, the result, and other
actions of the judge
Duty of the Searching Officer to Give Receipt/List of Seized Properties - Effect in case of violation of this search
(Section 11 of Rule 126) o A violation of this search shall constitute contempt of court
- The officer seizing the property under the warrant must give a
Searches Incidental to a Lawful Arrest (Section 13 of Rule 126)
detailed receipt for the same to the lawful occupant of the premises
in whose presence the search and seizure, were made or in the - A person lawfully arrested may be searched for dangerous weapons
absence of such occupant, must, in the presence of at least two or anything which may have been used or constitute proof in the
witnesses, of sufficient age and discretion residing in the same commission of an offense without a search warrant.
locality, leave a receipt in the place which he found the seized - Relate this section with Section 5(a) of Rule 113 on the rule on
property Warrantless Arrests

Duty of the Officer to Deliver the Seized Properties to The Court (Section General Rule: Search and Seizure must be with Judicial Warrant*
12 of Rule 126)
Instances of a Warrantless Search (Exception to the General Rule above)
- Duty of the officer after the search (IPVESSCAC)
o The officer must forthwith deliver the property seized to the
- Searches Incidental to a Lawful Arrest (Section 13, Rule 126)
judge who issued the warrant together with a true
- Plainview Doctrine (Seizure of evidence in plainview)
inventory thereof duly verified under oath
- Search of a moving vehicle
- Duties of the judge after the search
- Consented Warrantless Searches
o 10 days after the issuance of the search warrant, the issuing
- Customs Search
judge shall
- Stop and Frisk
 Ascertain if the return has been made; and
- Exigent and Emergency Searches
- Airport Search
- COMELEC Checkpoints
 - Search done for Security Reasons o Motion to Suppress Evidence to be filed with the Court
trying the case by virtue of said search warrant
(Di ako sure dun sa last 3 pero yan yung naaalala ko from Dean Tan’s
o Petition for Certiorari under Rule 65 if the court issuing the
Lectures)
same has no jurisdiction which acted with grave abuse of
Quashal of the Search Warrant or to Suppress Evidence (Section 14 of Rule discretion amounting to lack or in excess of jurisdiction
126) o He may file a criminal complaint against the implementing
officer (Article 129 of the Revised Penal Code)
- A motion to quash a search warrant and/or to suppress evidence
o Complaint for Replevin under Rule 60 of the Rules of Court
obtained thereby may be filed in and acted upon only by:
in case the personalities seized are legally possessed by a
o The court where the action has been instituted. If no
person against whom the search was made, filed with the
criminal action has been instituted, the motion may be filed
same court which issued the search warrant of if the thing is
in and resolved by the court that issued the search warrant
unlawfully seized
o If such court failed to resolve the motion and a criminal case
o Complaint for Interpleader under Rule 62 if there is no
is subsequently filed in another court, the motion shall be
criminal case filed after the implementation of the search
resolved by the latter court.
warrant, and there are other persons claiming rights over
Grounds for the quashal of a search warrant (GSPSL) the property seized
o Institution of an Ordinary Civil action by any interested
- When the search warrant is in the nature of a GENERAL WARRANT
party if there is no criminal case filed after the
without specific description of the place to be searched and the
implementation of the search warrant, and there are other
things to be seized in violation of Section 2 of Article III of the
persons claiming rights over the property seized
Constitution
- Failure to conduct SEARCHING QUESTIONS AND ANSWER before the
issuance of the search warrant by the issuing judge E. PRELIMINARY INVESTIGATION (RULE 112 OF THE REVISED RULES ON
- The search warrant was issued based not on personal knowledge or CRIMINAL PROCEDURE)
information
Basic Concepts on Preliminary Investigation
- The search warrant is a SCATTER-SHOT WARRANT or a search
warrant for more than one offense in violation of Section 4 of Rule Institution of the Criminal Action (Section 1 of Rule 110)
126
- Criminal actions shall be instituted in the following manner:
- When the thing ordered seized are legally in possession of a person
- For offenses where a preliminary investigation is required pursuant
Available remedies under the rules in case of issuance and
to Section 1 of Rule 112, by filing the complaint with the proper
implementation of a search warrant
officer for the purpose of conducting the requisite preliminary
- The following are the available remedies for a person against whom investigation.
the search warrant was issued and implemented
- For all other offenses, by filing the complaint of information
o Motion to Quash (Rule 126, Section 14) to be filed with the
directly with the Municipal Trial Courts and Municipal Circuit Trial
court which issued the search warrant
Courts, or the complaint with the office of the prosecutor. In Manila
 and other Chartered cities, the complaint shall be filed with the When Preliminary Investigation is required:
office of the prosecutor unless otherwise provided in their charters
- Except as provided in Section 7 of this Rule, a preliminary
- The institution of the criminal action shall interrupt the period of investigation is required to be conducted before the filing of a
prescription of the offense charged unless otherwise provided in special complaint or information for an offense where the penalty
laws prescribed by law is at least 4 years, 2 months, and 1 day without
regard as to fine.
Section 1 of Rule 110 of the Rules of Criminal Procedure does not apply in
offenses which fall under the Rules of Summary Procedure* Rationale of Preliminary Investigation:

- In case of conflict, the Rules on Summary Procedure as a special law - To protect the accused from inconvenience, expense and burden of
prevails over Section 1 of Rule 110 of the Rules on Criminal defending himself in a formal trial unless the reasonable probability
Procedure; Rule 110 of the Rules on Criminal Procedure must yield of his guilt shall have been first ascertained in a fairly summary
to Act No. 3326 (Zaldivia v Reyes, 211 SCRA 277) proceeding conducted by a competent officer. (Tandoc v. Resultan
175 SCRA 37, 42, July 5, 1989)
Criminal Prosecution may not be restrained; Exceptions (Brocka v. Enrile)
(AFFPPPOIJJ) Purpose of Preliminary Investigation

- To afford ADEQUATE PROTECTION to the constitutional rights of - The purpose of a preliminary investigation is to secure the innocent
the accused against hasty, malicious and oppressive prosecution and to protect
- When it is necessary FOR THE ORDERLY ADMINISTRATION OF him from an open and public accusation of a crime, from the
JUSTICE OR TO AVOID OPPRESSION OR MULTIPLICITY OF ACTIONS trouble, expenses and anxiety of a public trial. (Duterte v.
- When the charges are manifestly FALSE and motivated by the lust Sandiganbayan, 289 SCRA 721, 738-739 (1998))
for vengeance
- When there is a PREJUDICIAL QUESTION which is subjudice
Distinguish Preliminary Investigation and Inquest Proceedings
- Where it is a case of PERSECUTION rather than prosecution
- When there is clearly no PRIMA FACIE CASE against the accused and INQUEST PROCEEDINGS PRELIMINARY INVESTIGATION
a motion to quash on that ground has been denied A summary inquiry conducted by a Is an inquiry or proceeding to
- When the acts of the OFFICER are without or in excess of authority prosecutor for the purpose of determine whether there is
- Where the prosecution is under an INVALID LAW OR ORDINANCE determining whether the sufficient ground to engender a
- When DOUBLE JEOPARDY is clearly apparent warrantless arrest of a person was well-founded belief that a crime
- Where the court has no JURISDICTION OVER THE OFFENSE based on probable cause has been committed and the
respondent is probably guilty
Preliminary Investigation defined (Section 1 of Rule 112 of the Rules on thereof and should be held for
Criminal Procedure) trial
Inquest is conducted by the Preliminary Investigation is
- Preliminary investigation is an inquiry or proceedings to determine inquest prosecutor conducted by the Investigating
whether there is sufficient ground to engender a well-founded Prosecutor or the persons
belief that a crime has been committed and the respondent is mentioned in Section 2 of Rule
probably guilty thereof and should be held for trial. 112
 Inquest proceedings is conducted Preliminary Investigation is - Facts as are sufficient to engender a well-founded belief that a
for the purpose of determining conducted to determine crime has been committed and the respondent is guilty thereof, and
whether or not said persons whether there is sufficient should be held for trial. (As established by numerous Supreme Court
should remain under custody and ground to engender a well- Pronouncements)
correspondingly be charged founded belief that a crime has
before the court been committed and the
respondent is probably guilty
Kinds of Determination of Probable Cause (De Los Santos-Dio v. CA, G.R.
thereof, and should be held for
trial. No. 178947, 2013)

- Executive Determination
Distinguish Preliminary Investigation vs. Preliminary Inquiry o made by the public prosecutor, during a preliminary
investigation, where he is given broad discretion to
PRELIMINARY INVESTIGATION PRELIMINARY INQUIRY determine whether probable cause exists for the purpose of
Is an inquiry or proceeding to Is an inquiry to determines the filing a criminal information in Court
determine whether there is probable cause for the issuance of - Judicial Determination
sufficient ground to engender a a warrant of arrest o made by the judge to ascertain whether a warrant of arrest
well-founded belief that a crime
should be issued against the accused
has been committed and the
 NOTE: A motion for judicial determination of
respondent is probably guilty
thereof and should be held for trial probable cause has been already declared as a
Investigating Prosecutor The Judge determines probable prohibited motion under the CONTINUOUS TRIAL
determines probable cause cause in this case RULE

Probable Cause in Arrest, Searches and Seizures, Inquest Proceedings, and

Nature of Preliminary Investigation: Preliminary investigations Distinguished: (FOR PURPOSES OF
REPRODUCTION)
- It is merely inquisitorial and is often the only means of discovering
whether a person may be reasonably charged with a crime to Warrantless Searches and Preliminary Inquest
enable the prosecutor to prepare the information. It is not a trial on Arrests (Rule Seizures (Rule Investigation Proceedings
the merits for its only purpose is to determine whether a crime has 113 Section 126 Section 4) (Rule 112 Sections (2008
5(b)) 1 and 3) Manual of
been committed and whether there is probable cause to believe
Prosecutors)
that the accused is guilty thereof. (Enrile v. Manalastas, G.R. No.
When an Facts and Facts and it is the
166414)
offense has just Circumstances circumstances actual belief
- It is EXECUTIVE IN NATURE. Proof beyond reasonable doubt is not been which would which are or reasonable
required (Manila Electric Company v. Atilano, G.R. No. 166758) committed and lead a sufficient to grounds of
Probable Cause defined (for purposes of Preliminary Investigation. There he has probable reasonable engender a well- suspicion
cause to believe discreet and founded belief that the
has been a comparison in the earlier parts of this reviewer)
based on prudent man to that a crime has person to be
personal believe that an been committed arrested is
 knowledge of offense has been and the about to - It is settled doctrine that the right thereto is of statutory in
facts or committed and respondent is commit or is character and may be invoked only when specifically created by
circumstances that the objects guilty thereof, and attempting to statute. It is not a fundamental right and may be waived expressly
that the person sought in should be held for commit a or by silence
to be arrested connection with trial. crime or is in
committed it the offense are the act of
in the place committing a
EXCEPTIONS: (Brocka v. Enrile)
sought to be crime, or has
searched committed a (AFFPPPOIJJ)
(Pendon v. CA crime, either
191 SCRA 429) in the - To afford ADEQUATE PROTECTION to the constitutional rights of
presence of the accused
without the - When it is necessary FOR THE ORDERLY ADMINISTRATION OF
presence of JUSTICE OR TO AVOID OPPRESSION OR MULTIPLICITY OF ACTIONS
the arresting - When the charges are manifestly FALSE and motivated by the lust
officer for vengeance
Determined by Determined by Determined by the Determined - When there is a PREJUDICIAL QUESTION which is subjudice
the Peace the Judge Investigating by the - Where it is a case of PERSECUTION rather than prosecution
officer effecting Prosecutor Inquest
- When there is clearly no PRIMA FACIE CASE against the accused and
the warrantless Prosecutor
a motion to quash on that ground has been denied
arrest
- When the acts of the OFFICER are without or in excess of authority
- Where the prosecution is under an INVALID LAW OR ORDINANCE
- When DOUBLE JEOPARDY is clearly apparent
Conduct of a preliminary investigation only for the determination of
- Where the court has no JURISDICTION OVER THE OFFENSE
probable cause:
Rationale for Non-Interference of the Court:
- PI is not part of a trial and it is only in a trial where an accused can
demand the full exercise of his rights - The Principle of Separation of powers
- Rights of a respondent in a preliminary investigation are limited to - The Principle of checks and balances
those granted by procedural
*Absence of preliminary investigation must be timely raised otherwise
- An accused cannot demand what is not due and demandable to
waived (Villarin v. People, GR no. 175289, 2011)
him. (Senator Jinggoy Ejercito Estrada v. Office of the Ombudsman,
GR Nos. 212140-41) Quantum of proof in preliminary investigation
GENERAL RULE: The right to preliminary investigation is purely statutory - Not Proof Beyond Reasonable Doubt (Section 2 of 133)
and can be waived; It cannot be interfered with by the Court; - But the lower standard of PROBABLE CAUSE which is applied during
preliminary investigation
(Marinas v. Siochi, 104 SCRA 423) (CANNOT BE RESTRAINED BY
INJUNCTION)
Remedies of the accused in case of denial of his right to preliminary o National or Regional State Prosecutors
investigation: Waiver o Other Officers as may be authorized by law*
 Ombudsman Investigators, Special Prosecuting
- Refusal of enter of plea
Officers, Deputized Prosecutors, Investigating
o The accused who is denied the mandatory preliminary
Officials authorized by law to conduct preliminary
investigation may refuse to enter a plea upon arraignment
investigations, or Lawyers in the government
and to object to the continuation of further proceedings
Service, so designated by the Ombudsman (RA
based on lack of preliminary investigation. If he pleads
6770)
without objection, he cannot raise this issue on appeal
 COMELEC through its authorized legal officers or
(People v. Lazo, 198 SCRA 274)
through the prosecuting arm of the government or
- Certiorari under Rule 65 (RULES OF COURT)
prosecutor or department of justice (B.P. 881)
o Although it is entirely possible that the investigating fiscal
 Presidential Commission on Good Government (EO
may erroneously exercise discretion and annulment by the
1, 2, 14, 14-A)
extraordinary remedy of CERTIORARI, absent any showing
- Their authority to conduct preliminary investigation shall include all
of grave abuse of discretion amounting to excess of
crimes cognizable by the proper court in their respective territorial
jurisdiction (Hegerty v. CA, 409 SCRA 285)
jurisdictions (as amended by S.C. AM 05-8-36, August 26, 2005)
- Mandamus under Rule 65 (RULES OF COURT)
o Mandamus is also a remedy when the resolution of public
respondent is tainted with grave abuse of discretion as
Manner of Conduct of Preliminary Investigation (Section 3 of Rule 112)
when despite the sufficiency of evidence before the
(Relate this to Rule 21 of Civil Procedure on Subpoena)
prosecutor, he refuses to file the corresponding information
against the person responsible, he abuses his discretion. - The preliminary investigation shall be conducted in the following
(Metropolitan Bank and Trust Company v. Reynado, GR no. manner:
164538, 2010) o CONTENTS OF A COMPLAINT FOR PRELIMINARY
INVESTIGATION:
Right to preliminary investigation may be waived: When to invoke waiver?
 a.) The complaint shall state:
- The right to preliminary investigation is waived when the accused  The address of the respondent and
fails to invoke it before at a the time of entering of a plea at  It shall be accompanied by the affidavits of
arraignment (Go v. CA, 203 SCRA 138, 153) the complainant and his witnesses, as well
as other supporting documents to establish
*Preliminary investigation is not a trial, hence no jeopardy attaches
probable cause.
Preliminary Investigation Process  They shall be in such number of copies as
there are respondents, plus two (2) copies
Officers Authorized to Conduct Preliminary Investigation? (Section 2 of
for the official file.
Rule 112)
 The affidavits shall be subscribed and sworn
- The following may conduct preliminary investigations: to before any prosecutor or government
o Provincial or City Prosecutors official authorized to administer oath, or, in
 their absence or unavailability, before a  The counter-affidavits shall be subscribed
notary public, each of who must certify that and sworn to and certified as provided in
he personally examined the affiants and paragraph (a) of this section, with copies
that he is satisfied that they voluntarily thereof furnished by him to the
executed and understood their affidavits. complainant.
o ACTIONS OF THE INVESTIGATING OFFICER ON THE  The respondent shall not be allowed to file
COMPLAINT a motion to dismiss in lieu of a counter-
 b.) Within ten (10) days after the filing of the affidavit.
complaint, the investigating officer shall either: o EFFECTS OF FAILURE OF THE RESPONDENT TO APPEAR OR
 Dismiss it if he finds no ground to continue SUBMIT A COUNTER AFFIDAVIT
with the investigation, or  d.) If the respondent cannot be subpoenaed, or if
 Issue a subpoena to the respondent subpoenaed, does not submit counter-affidavits
attaching to it a copy of the complaint and within the ten (10) day period, the investigating
its supporting affidavits and documents. officer shall resolve the complaint based on the
o RIGHTS OF THE RESPONDENT DURING PRELIMINARY evidence presented by the complainant.
INVESTIGATION o CLARIFICATORY HEARING
 The respondent shall have the right to examine the  e) The investigating officer may set a hearing if
evidence submitted by the complainant which he there are facts and issues to be clarified from a
may not have been furnished and to copy them at party or a witness. The parties can be present at the
his expense. hearing but without the right to examine or cross-
 If the evidence is voluminous, the complainant may examine. They may, however, submit to the
be required to specify those which he intends to investigating officer questions which may be asked
present against the respondent, and these shall be to the party or witness concerned.
made available for examination or copying by the  PERIOD OF CLARIFICATORY HEARING
respondent at his expense.  The hearing shall be held within ten (10)
 Objects as evidence need not be furnished a party days from submission of the counter-
but shall be made available for examination, affidavits and other documents or from the
copying, or photographing at the expense of the expiration of the period for their
requesting party. submission. It shall be terminated within
o SUBMISSION OF RESPONDENT’S COUNTER AFFIDAVIT five (5) days.
 c.) Within ten (10) days from receipt of the o RESOLUTION OF THE CASE
subpoena with the complaint and supporting  (f) Within ten (10) days after the investigation, the
affidavits and documents, the respondent shall: investigating officer shall determine whether or not
 Submit his counter-affidavit and that of his there is sufficient ground to hold the respondent for
witnesses and other supporting documents trial. (3a)
relied upon for his defense.
Resolution of the Investigating Prosecutor; Duty; Certification of authority or approval of the provincial or city prosecutor or
Preliminary Investigation (Section 4 of Rule 112 Rules on Criminal chief state prosecutor or the Ombudsman or his deputy.
Procedure) - EFFECT IF RESOLUTION ON DISMISSAL IS REVERSED
o Where the investigating prosecutor recommends the
- COURSE OF ACTION OF THE PROSECUTOR UPON FINDING
dismissal of the complaint but his recommendation is
PROBABLE CAUSE:
disapproved by the provincial or city prosecutor or chief
o If the investigating prosecutor finds cause to hold the
state prosecutor or the Ombudsman or his deputy on the
respondent for trial, he shall:
ground that a probable cause exists, the latter may:
 Prepare the resolution and information.
 By himself, file the information against the
 He shall certify under oath in the information that
respondent, or
he, or as shown by the record, an authorized officer,
 Direct any other assistant prosecutor or state
has personally examined the complainant and his
prosecutor to do so without conducting another
witnesses; that there is reasonable ground to
preliminary investigation.
believe that a crime has been committed and that
- EFFECTS OF THE REVERSAL OF THE RESOLUTION OF THE
the accused is probably guilty thereof; that the
PROVINCIAL, CITY, OR, CHIEF STATE PROSECUTOR:
accused was informed of the complaint and of the
o If upon petition by a proper party under such rules as the
evidence submitted against him; and that he was
Department of Justice may prescribe or motu proprio, the
given an opportunity to submit controverting
Secretary of Justice reverses or modifies the resolution of
evidence.
the provincial or city prosecutor or chief state prosecutor,
 Otherwise, he shall recommend the dismissal of the
he shall:
complaint.
 Direct the prosecutor concerned either to file the
- DUTY OF THE PROSECUTOR AFTER RENDITION OF HIS
corresponding information without conducting
RESOLUTION:
another preliminary investigation, or
o Within five (5) days from his resolution, he shall forward the
 To dismiss or move for dismissal of the complaint or
record of the case to the provincial or city prosecutor or
information with notice to the parties. The same
chief state prosecutor, or to the Ombudsman or his deputy
rule shall apply in preliminary investigations
in cases of offenses cognizable by the Sandiganbayan in the
conducted by the officers of the Office of the
exercise of its original jurisdiction.
Ombudsman.
- COURSE OF ACTION OF THE PROVINCIAL OR CITY PROSECUTOR OR
CHIEF STATE PROSECUTOR OR HIS DEPUTY: Dismissal of the complaint or information: (Crespo v. Mogul, 151 SCRA
o They shall act on the resolution within ten (10) days from 462)
their receipt thereof and shall immediately inform the
- Dismiss the case or move to dismiss the complaint or information
parties of such action.
already filed in court with notice to the parties which motion can
- THE RULE ON FILING OF THE COMPLAINT AND INFORMATION:
only be resolved by the trial court and not subject to the dictate of
o No complaint or information may be filed or dismissed by
the prosecutor or Secretary of Justice
an investigating prosecutor without the prior written
Motion to Conduct Preliminary Investigation After Filing of - REMEDY OF A PERSON AGAINST WHOM A COMPLAINT OR
Information/Complaint In case of Denial of The Right (Section 6 of Rule INFORMATION IS FILED WITHOUT THE CONDUCT OF THE
112) (Relate to Inquest Proceedings) REQUIRED PRELIMINARY INVESTIGATION:
o After the filing of the complaint or information in court
- PERSON WHO MAY FILE THE COMPLAINT OR INFORMATION
without a preliminary investigation, the accused may, within
AGAINST A PERSON LAWFULLY ARRESTED
five (5) days from the time he learns of its filing, ask for a
o When a person is lawfully arrested without a warrant
preliminary investigation with the same right to adduce
involving an offense which requires a preliminary
evidence in his defense as provided in this Rule. (7a; sec. 2,
investigation, the complaint or information may be filed by
R.A. No. 7438)
a prosecutor without need of such investigation provided
an inquest has been conducted in accordance with existing *In case the information is already filed before the court, the motion for
rules. In the absence or unavailability of an inquest re-investigation should be filed with the court (Velasquez v.
prosecutor, the complaint may be filed by the offended Undersecretary of Justice, 182 SCRA 388)
party or a peace office directly with the proper court on the
*Reinvestigation of the case rests with the Prosecutor (People v. Jamisola,
basis of the affidavit of the offended party or arresting
30 SCRA 555)
officer or person.
- The fiscal has the direction and control of the prosecution. In the
- REMEDIES OF THE PERSON ARRESTED WITHOUT A WARRANT: exercise of this authority, the fiscal may reinvestigate the case and
o Before the complaint or information is filed, the person subsequently move for its dismissal should the reinvestigation show either
arrested may: that the defendant is innocent or that his guilt may not be established by
 Ask for a preliminary investigation in accordance reasonable doubt
with this Rule, but he must sign a waiver of the
*New preliminary investigation is required in case the category of the
provisions of Article 125 of the Revised Penal Code,
offense is raised (Bandiala v. CFI, 35 SCRA 237)
as amended, in the presence of his counsel.
 The Requirements of a valid waiver under
Article 125 of the RPC are as follows:
o It must be in writing; Records of Preliminary Investigation-Not Part of the Records of the Case;
o Signed by the said person in the Introduction in Court when proper (Section 7 of Rule 112)
presence of his counsel, otherwise - DOCUMENTS ACCOMPANYING THE COMPLAINT/INFORMATION
it will be null and void and has no o (a) Records supporting the information or complaint. — An
legal effect information or complaint filed in court shall be supported
 Notwithstanding the waiver, he may apply for bail by:
and the investigation must be terminated within  The affidavits and counter-affidavits of the parties
fifteen (15) days from its inception. and their witnesses,
 Together with the other supporting evidence and
the resolution on the case.
 - RECORDS OF PRELIMINARY SHALL NOT FORM PART OF THE probable cause. If the judge still finds no probable cause
RECORD OF THE CASE (General Rule) despite the additional evidence, he shall, within ten (10)
o (b) Record of preliminary investigation. — The record of the days from its submission or expiration of said period,
preliminary investigation, whether conducted by a judge or dismiss the case. When he finds probable cause, he shall
a fiscal, shall not form part of the record of the case. issue a warrant of arrest, or a commitment order if the
o EXCEPTION: accused had already been arrested, and hold him for trial.
 However, the court, on its own initiative or on However, if the judge is satisfied that there is no necessity
motion of any party, may order the production of for placing the accused under custody, he may issue
the record or any its part when necessary in the summons instead of a warrant of arrest.
resolution of the case or any incident therein, or
Appeal to the Department of Justice (DOJ Circular 70)
when it is to be introduced as an evidence in the
case by the requesting party. Scope of the Power of the Secretary of Justice (Section 1 of DOJ Circular
70)

- This Rule shall apply to appeals from resolutions of:

When Preliminary Investigation not required (Section 8 of Rule 112)
o the Chief State Prosecutor,
- CASES WHEREIN PRELIMINARY INVESTIGATION IS NOT REQUIRED o Regional State Prosecutors and
o (a) If filed with the prosecutor. — If the complaint is filed o Provincial
directly with the prosecutor involving an offense punishable o City Prosecutors in cases subject of preliminary
by imprisonment of less four (4) years, two (2) months and investigation/ reinvestigation.
one (1) day, the procedure outlined in section 3(a) of this
Where to Appeal (Section 2 of DOJ Circular 70)
Rule shall be observed. The prosecutor shall act on the
complaint based on the affidavits and other supporting - An appeal may be brought to the Secretary of Justice within the
documents submitted by the complainant within ten (10) period and in the manner herein provided
days from its filing.
o (b) If filed with the Municipal Trial Court. — If the complaint Period to Appeal (Section 3 of DOJ Circular 70)
or information is filed directly with the Municipal Trial Court - The appeal shall be taken within:
or Municipal Circuit Trial Court for an offense covered by o 15 days from the receipt of the resolution, or
this section, the procedure in section 3(a) of this Rule shall o of the denial of the motion for reconsideration , or
be observed. If within ten (10) days after the filing of the o in case of reinvestigation if one has been filed within 15
complaint or information, the judge finds no probable cause days from the receipt of the assailed resolution. One motion
after personally evaluating the evidence, or after personally for reconsideration shall be allowed.
examining in writing and under oath the complainant and
his witnesses in the form of searching question and Appeal by way from the Resolution of the City/Provincial/State Prosecutor
answers, he shall dismiss the same. He may, however, to the Department of Justice by way of Petition for Review (Section 4 of
require the submission of additional evidence, within ten DOJ Circular No. 70)
(10) days from notice, to determine further the existence of
- HOW TO APPEAL TO THE SECRETARY OF JUSTICE
 o An aggrieved party may appeal by: o The investigating/reviewing/approving prosecutor shall not
 Filing a verified petition for review with the Office of be impleaded as party respondent in the petition. The party
the Secretary, Department of Justice, and taking the appeal shall be referred to in the petition as
 By furnishing copies thereof to the adverse party either "Complainant-Appellant" or "Respondent- Appellant"
and the Prosecution Office issuing the appealed
Action on the Petition (Section 7 of DOJ Circular 70)
resolution
- DISMISSAL MOTU PROPRIO BY THE SECRETARY OF JUSTICE:
Contents of the Petition (Section 5 of DOJ Circular 70)
o The Secretary of Justice may dismiss the petition outright:
- The petition shall contain or state:  If he finds the same to be patently without merit or
o (a) the names and addresses of the parties;  Manifestly intended for delay, or
o (b) the Investigation Slip number (I.S. No.) and criminal case  When the issues raised therein are too
number, if any, and title of the case, including the offense unsubstantial to require consideration.
charged in the complaint;  If an information has been filed in court pursuant to
o (c) the venue of the preliminary investigation; the appealed resolution, the petition shall not be
o (d) the specific material dates showing that it was filed on given due course if the accused had already been
time; arraigned.
o (e) a clear and concise statement of the facts, the o EFFECT OF ARRAIGNMENT ON PETITION ALREADY FILED
assignment of errors, and the reasons or arguments relied  Any arraignment made after the filing of the
upon for the allowance of the appeal; and petition shall not bar the Secretary of Justice from
o (f) proof of service of a copy of the petition to the adverse exercising his power of review.
party and the Prosecution Office concerned.
Effect of Appeal to the Department of Justice (Section 9 of DOJ Circular 70)
o OTHER REQUIREMENTS OF THE PETITION:
 The petition shall be accompanied by: - Unless the Secretary of Justice directs otherwise, the appeal shall
 A legible duplicate original or certified true not hold the filing of the corresponding information in court on the
copy of the resolution appealed from basis of the finding of probable cause in the appealed resolution.
together with legible true copies of the The appellant and the trial prosecutor shall see to it that, pending
complaint, affidavits/sworn statements and resolution of the appeal, the proceedings in court are held in
other evidence submitted by the parties abeyance (This is a ground for suspension of arraignment)
during the preliminary investigation/
*The Remedy therefor is located in Rule 116 Section 11 of the Rules on
reinvestigation.
Criminal Procedure which states:
 If an information has been filed in court
pursuant to the appealed resolution, a copy - Suspension of Arraignment
of the motion to defer proceedings filed in o c.) A petition for review of the resolution of the prosecutor
court must also accompany the petition. is pending at either the Department of Justice, or the
Office of the president; provided that the period of
Parties to be impleaded in Petition
 suspension shall not exceed sixty (60) days counted from o That the accused had already been arraigned when the
the filing of the petition from the reviewing office appeal was taken;
o That the offense has already prescribed; and
Withdrawal of Appeal: Effect (Section 10 of DOJ Circular 70)
o That other legal or factual grounds exist to warrant a
- Notwithstanding the perfection of the appeal, the petitioner may dismissal.
withdraw the same at any time before it is finally resolved in which
Remedy of Motion For Reconsideration In Case of Denial of Petition For
case the appeal resolution shall stand as though no appeal has been
Review By the DOJ (Section 13 of DOJ Circular 70)
taken.
- The party aggrieved by the resolution of the Secretary of Justice
Rule on Reinvestigation (Section 11 of DOJ Circular 70)
may file a motion for reconsideration within a non-extendible
- If the Secretary of Justice finds it necessary to reinvestigate the period of 10 days from the receipt of the resolution on appeal
case, the reinvestigation shall be held by the investigating furnishing a copy of the said motion to the Prosecution Office
prosecutor, unless, for compelling reasons, another prosecutor is concerned, and the adverse party with proof of service.
designated to conduct the same

*Remedy of reinvestigation available after the filing of the information;

Appeal to the DOJ Secretary; Appeal to the Office of the President
Remedies in case of Adverse Decision of the Secretary of Justice
- If the respondent is charged in court after the preliminary
investigation, he can ask for reconsideration or reinvestigation of The aggrieved party from the decision of the Secretary of Justice may avail
the resolution of the prosecutor or he may appeal via a petition for of the following remedies under existing rules and Jurisprudence as follows:
review with the Secretary of Justice (Yap v. IAC, 220 SCRA 245)
- Petition for Review to the Office of the President under
Disposition of the Appeal By The Secretary of Justice; Grounds (Section 12 Memorandum Circular no. 58, involving offenses where the penalty
of DOJ Circular 70) imposed is reclusion perpetua or life imprisonment: (NRP30)
o Provided the person/party appealing complies with the
- The Secretary may reverse, affirm or modify the appealed
following requirements:
resolution. He may, motu proprio or upon motion, dismiss the
 New and material issues are raised which were not
petition for review on any of the following grounds: (BNRIAPL)
previously presented before the Department of
o That the petition was filed beyond the period prescribed in
Justice
Section 3 hereof;
 The new and material matters were not ruled upon
o That the procedure or any of the requirements herein
in the subject decision/order/resolution in which
provided has not been complied with;
case the President may order the Secretary of
o That there is no showing of any reversible error;
Justice to reopen/review the case
o That the appealed resolution is interlocutory in nature,
 That, the prescription of the offense is not due to
except when it suspends the proceedings based on the
lapse within 6 months from notice of the
alleged existence of a prejudicial question;
questioned resolution/order/decision; and
  Provided further, that, the appeal or petition for o Grounds: Questions of law
review is filed within thirty (30) days from such o Within 15 days from the notice of the judgement or final
noticed. order or resolution appealed from
o Non-compliance with the aforementioned requisites the o period to appeal extendible of 30 days on the ground of
Office of the President shall: justifiable reasons.
 Dismiss the petition outright; and
 No order shall be issued requiring the payment of
the appeal fee, the submission of appeal F. PROSECUTION OF OFFENSES (RULE 110 of THE RULES ON CRIMINAL
brief/memorandum or the elevation of the records PROCEDURE)
to the Office of the President from the Department Institution of the Criminal Action (Section 1 of Rule 110)
of Justice
- Petition for Certiorari under Rule 65 involving offenses where the - Criminal actions shall be instituted in the following manner:
penalty imposed is not reclusion perpetua or death. - For offenses where a preliminary investigation is required pursuant
o Instances wherein Certiorari will not lie: to Section 1 of Rule 112, by filing the complaint with the proper
 Where petitioner has other remedies available such officer for the purpose of conducting the requisite preliminary
as: investigation.
 posting of bail for provisional release
 reinvestigation - For all other offenses, by filing the complaint of information
 motion to quash the information directly with the Municipal Trial Courts and Municipal Circuit Trial
 appeal the judgement of the court after the Courts, or the complaint with the office of the prosecutor. In Manila
case has been tried on the merits and other Chartered cities, the complaint shall be filed with the
office of the prosecutor unless otherwise provided in their charters
Remedies from the Adverse Decision of the Resolution of the Office of the
President: - The institution of the criminal action shall interrupt the period of
prescription of the offense charged unless otherwise provided in special
- Appeal under Rule 43 of the Rules of Court with the Court of laws
Appeals which states:
o Within 15 days from the notice of the award Institution of criminal actions discretionary with the fiscal: Injunction will
o 15 day period extendible not lie to restrain criminal prosecution; Exceptions: (BROCKA v. ENRILE)
o Verified petition (7 legible copies) (AFFPPPOIJJ)
 furnishing the adverse party a copy thereof
o Grounds: - To afford ADEQUATE PROTECTION to the constitutional rights of
 Questions of law and questions of fact the accused
- When it is necessary FOR THE ORDERLY ADMINISTRATION OF
Remedies from the Adverse decision of the Court of Appeals under Rule 43 JUSTICE OR TO AVOID OPPRESSION OR MULTIPLICITY OF ACTIONS
- When the charges are manifestly FALSE and motivated by the lust
- Appeal by petition for review on Certiorari under Rule 45 of the
for vengeance
Rules of Court
- When there is a PREJUDICIAL QUESTION which is subjudice
 - Where it is a case of PERSECUTION rather than prosecution COMPLAINT (Section 3 Rule 110) INFORMATION (Section 4 Rule
- When there is clearly no PRIMA FACIE CASE against the accused and 110)
a motion to quash on that ground has been denied Is a sworn written statement Is an accusation in writing charging
- When the acts of the OFFICER are without or in excess of authority charging a person with an offense a person with an offense
- Where the prosecution is under an INVALID LAW OR ORDINANCE Subscribed to by the offended Subscribed to by the prosecutor
- When DOUBLE JEOPARDY is clearly apparent party, peace officer, or any other and filed in court
- Where the court has no JURISDICTION OVER THE OFFENSE public officer charged with the
enforcement of the law violated
Effect of the Institution of The Criminal Action?

- The institution of the criminal action shall interrupt the running *An information need not be signed by the offended party
period of the prescription of the offense charged unless otherwise
Persons Who Must Prosecute the Criminal Action (Section 5 of Rule 110)
provided in special laws (Section 1, Rule 110 last paragraph)
o This rule shall likewise apply to special penal laws - PUBLIC PROSECUTOR AS A GENERAL RULE HAS CONTROL OF
(Panaguiton v. DOJ, GR No. 167571, 2008) PROSECUTION OF CRIMINAL ACTIONS
o All criminal actions either commenced by complaint or by
Formal Requirements (Section 2 of Rule 110)
information shall be prosecuted under the direction and
- The complaint or information shall be: control of a public prosecutor.
o In writing, - EXCEPTIONS:
o In the name of the People of the Philippines; and o In case of heavy work schedule of the public prosecutor or
 People of the Philippines is an indispensable party o In the event of lack of public prosecutors,
in a criminal case; non-inclusion shall warrant nullity  the private prosecutor may be authorized in writing
of judgement (Vda. de Manguerra v. Risos, GR No. by the Chief of the Prosecution Office or the
152643) Regional State Prosecutor to prosecute the case
o Against all who appear to be responsible for the offense subject to the approval of the court. Once so
involved authorized to prosecute the criminal action, the
private prosecutor shall continue to prosecute the
Complaint Defined (Section 3 of Rule 110)
case up to end of the trial even in the absence of a
- A complaint is a sworn written statement charging a person with an public prosecutor, unless the authority is revoked or
offense, subscribed to by the offended party, any peace officer, or otherwise withdrawn (As amended by A.M. No. 02-
other public officer charged with the enforcement of the law 2-07-SC, May 1, 2002)
violated. - WHO SHALL PROSECUTE THE CRIMES OF ADULTERY AND
CONCUBINAGE:
Information Defined (Section 4 of Rule 110) o The crimes of adultery and concubinage shall not be
- An information is an accusation in writing charging a person with an prosecuted except upon a complaint filed by the offended
offense, subscribed to by the prosecutor and filed in court spouse.

Distinguish Complaint (Section 3) vs. Information (Section 4)

 o In relation to the provisions of Articles 333, 334, and 344 of o NATURE OF THE RIGHT OF THE ABOVE-NAMED PERSONS
the Revised Penal Code TO FILE THE COMPLAINT:
- LIMITATIONS:  The right to file the action granted to parents,
o The offended party cannot institute criminal prosecution grandparents or guardian shall be exclusive of all
without including the guilty parties, if both alive, nor, in any other persons and shall be exercised successively in
case, if the offended party has consented to the offense or the order herein provided, except as stated in the
pardoned the offenders. preceding paragraph.
- PERSONS WHO CAN PROSECUTE THE CRIMES OF SEDUCTION, - PERSONS WHO MAY FILE A COMPLAINT FOR DEFAMATION:
ABDUCTION, AND ACTS OF LASCIVIOUSNESS: o No criminal action for defamation which consists in the
o The offenses of seduction, abduction and acts of imputation of the offenses mentioned above shall be
lasciviousness shall not be prosecuted except upon a brought except at the instance of and upon complaint filed
complaint filed by: by the offended party. (5a)
 the offended party or - LAWS THAT GOVERN SPECIAL CRIMES
 her parents, o The prosecution for violation of special laws shall be
 grandparents governed by the provisions thereof
 guardian
 nor, in any case, if the offender has been expressly
pardoned by any of them. Test of Sufficiency of Complaint or Information (Section 6 of Rule 110 in
 If the offended party dies or becomes incapacitated relation to Sections 7-12 of Rule 110)
before she can file the complaint, and she has no
known parents, grandparents or guardian, the State - A Complaint will be deemed sufficient if it states the following:
shall initiate the criminal action in her behalf. (NDAODP)
o In Relation to Articles 336, 337, 338, 342, 343, and 344 of o The name of the accused (Section 7 of Rule 110)
the Revised Penal Code  The complaint or information must comply with the
- RULE WHEN THE OFFENDED PARTY IS A MINOR: following rule in naming the accused in the
o The offended party, even if a minor, has the right to initiate complaint or information: (NPI)
the prosecution of the offenses of seduction, abduction and  State the name and surname of the accused
acts of lasciviousness independently of her parents, or any appellation or nickname by which he
grandparents, or guardian, unless she is incompetent or has been or is known
incapable of doing so.  If his name cannot be ascertained he must
- PERSONS WHO CAN PROSECUTE WHEN THE MINOR FAILS TO FILE be described under a fictitious name with a
A COMPLAINT statement that his true name is unknown
o Where the offended party, who is a minor, fails to file the  If the true name of the accused is thereafter
complaint it may be filed by: disclosed by him or appears in some other
 her parents, manner to the court, such true name shall
 grandparents, be inserted in the complaint or information
 guardian. and record
o Designation of the Offense (Section 8 of Rule 110)  In offenses against property if the name of
 The complaint or information shall: (DAQR) the offended party is unknown, the
 State the designation of the offense given property must be described with such
by statute particularity as to properly identify the
 Aver the acts or omissions constituting the offense charged
offense  If the true name of the person against
 Specify its qualifying and aggravating whom or against whose the property the
circumstances offense was committed is thereafter
 If there is no designation of the offense, disclosed or ascertained, the court must
reference shall be made to the section or cause such true name to be inserted in the
subsection of the statute punishing it complaint or information and the record.
o Cause of the Accusation (Section 9 of Rule 110) o Approximate Date of the Commission of the Offense
 The acts or omissions complained of as constituting (Section 11 of Rule 110)
the offense and the qualifying and aggravating  The rules to be followed in alleging the date of the
circumstances must be: (OQ) commission of the offense are as follows:
 Stated in ordinary and concise language and  It is not necessary to state in the complaint
not necessarily in the language used in the or information the precise date of the
statute but in terms sufficient to enable a offense was committed except when it is a
person of common understanding to know material ingredient of the offense.
what offense is being charged  The offense may be alleged to have been
 As well as its qualifying and aggravating committed on a date as near as possible to
circumstances and for the court to the actual date of the offense
pronounce judgment o Place where the offense was committed (Section 10 of Rule
o Name of the Offended Party (Section 12 of Rule 110) 110)
 The complaint or information must: (HF)  The complaint or information is sufficient if it can be
 State the name and surname of the person understood from its allegations that: (WP)
against whom or whose property the  The offense was committed or some of its
offense was committed or any appellation essential ingredients occurred at some
or nickname by which such person has been place within the jurisdiction of the court
or is known  Unless the particular place where it was
 If there is no better way of identifying him, committed constitutes an essential element
he must be described under a fictitious of the offense charged or is necessary for its
name identification
 The rule to be observed in case of offenses against - When an Offense is committed by more than 1 person, all of them
property shall be as follows: shall be included in the complaint of information

Duplicity of the Offense (Section 13 of Rule 110)

 - A complaint or information must charge only one offense except - refers to the modification of a complaint or information by the
when the law prescribes a single punishment for various offenses. public prosecutor which changes its form or substance.
- Duplicity the offense is a ground for a Motion to Quash under Rule
Amendment as to matter of form: Concept (People v. Rivera, L-27825)
117 Section 3(f) of the Rules on Criminal Procedure
- However failure to object results into conviction of the multiple - An amendment which neither adversely affects any substantial right
offenses charged as provided in for in Section 3 of Rule 120 of the of the accused nor affects and/or alters the nature of the offense
Rules of Criminal Procedure originally charged, nor involves change in the basic theory of the
prosecution so as to require the accused to undergo any material
Amendment or Substitution (Section 14 of Rule 110)
change or modification in his defense.
- AMENDMENT; HOW MADE:
Distinguish Amendment vs. Substitution
o A complaint or information may be amended, in form or in
substance, without leave of court and when it can be done AMENDMENT SUBSTITUTION
without causing prejudice to the rights of the accused. May either involve formal or Necessarily involves a substantial
o However, any amendment before plea, which downgrades substantial changes change from the original change
the nature of the offense charged in or excludes any If made before plea, can be Must be made with leave of court
accused from the complaint or information, can be made effected without leave of court as the original information has to
only upon motion by the prosecutor, with notice to the be dismissed
offended party and with leave of court. Where amendment is only as to In substitution, another preliminary
- DUTY OF THE COURT RESOLVING THE MOTION: form, there is no need for another investigation is necessary and the
preliminary investigation and the accused has to plead anew to the
o The court shall state its reasons in resolving the motion and
retaking of the plea of the accused new information
copies of its order shall be furnished all parties, especially
An amendment of information Substitution requires or
the offended party. refers to the same offense charged presupposes that the new
- WHEN SUBSTITUTION OF COMPLAINT OR INFORMATION IS in the original information or to an information involves a
PROPER: offense which necessarily includes different/offenses which does not
o If it appears at any time before judgment that a mistake or is necessarily included in the include or is not necessarily
has been made in charging the proper offense, the court original charge, hence substantial included in the original charge,
shall: amendments to the information hence the accused cannot claim
 Dismiss the original complaint or information upon after the plea has been taken double-jeopardy
the filing of a new one charging the proper offense cannot be made over the objection
in accordance with section 19, Rule 119, provided of the accused as he could invoke
the accused shall not be placed in double jeopardy. double jeopardy.
The court may require the witnesses to give bail for *In relation to the variance doctrine espoused in Section 4 of Rule 120
their appearance at the trial. Limitations on amendment of information (Gabiona v. Court of Appeals,
Amendment defined (Arevalo v. Nepomuceno, 63 Phil. 627) 355 SCRA 759): (PABHM)

- It does not deprive the accused of the right to invoke PRESCRIPTION

 - it does not AFFECT OR ALTER the nature of the offense originally interior waters and maritime zone, but also outside of its
charged jurisdiction against those who:
- It does not involve a change in the BASIC THEORY of the o Should commit an offense while on a Philippine ship or
prosecution so as to require the accused to undergo any material airship
change or modification of his defense o Should forge or counterfeit any coin or currency note of the
- It does not expose the accused to a charge which would call for a Philippine Islands or obligations and securities issued by the
HIGHER penalty Government of the Philippine Islands
- It does not cause surprise nor deprive the accused of an opportunity o Should be liable for acts connected with the introduction
to MEET the new averment into these islands of the obligations and securities
mentioned in the preceding number
Venue in Criminal Actions (Section 15 of Rule 110)
o While being public officers or employees, should commit an
- Venue is jurisdictional. A court cannot exercise jurisdiction over a offense in the exercise of their functions
person charged with an offense committed outside its limited o Should commit any of the crimes against the national
territory security and the law of nations defined in Title One of Book
Two of this Code.
Section 15 Rule 110 of the Revised Rules on Criminal Procedure Provides:
Distinctions between Venue in Criminal Cases vs. Venue in Civil Cases
- Subject to existing laws, the criminal action shall be instituted and
tried in the court of the municipality or territory where the offense VENUE IN CRIMINAL CASES VENUE IN CIVIL CASES
was committed or where any of its essential ingredients occurred Venue is jurisdictional Venue is only procedural
- Where an offense is committed in a train, aircraft or other public or
private vehicle in the course of its trip, the criminal action shall be
instituted and tried in the court of any municipality or territory Venue is conferred by provision of Venue may be agreed upon by the
where such train, aircraft, or other vehicle passed during its trip, law parties
including the place of its departure and arrival
- Where an offense is committed on board a vessel in the course of its Improper venue is a ground for Improper venue in civil cases can be
voyage, the criminal action shall be instituted and tried in the court Motion to Quash the complaint or subject of a motion to dismiss based
of the first port entry or of any municipality or territory where the information on the ground of lack of on improper venue (Section 1(c) Rule
vessel passed during such voyage, subject to the generally and jurisdiction over the offense charged 16)
accepted principles of international law (Section 3(b) Rule 117)
- Crimes committed outside the Philippines but punishable under In case of the denial of a motion to In case of the denial of the motion to
quash on the ground of lack of dismiss on the ground of improper
Article 2 of the Revised Penal Code shall be cognizable by the court
jurisdiction over the offense charged, venue, the remedy is to file the
where the criminal action is first filed
the remedy is to proceed to answer with the remaining balance
Article 2 of the Revised Penal Code on the principle of territoriality arraignment, pretrial, present of the period to file a responsive
evidence, and in case of adverse pleading, but in no less than five days
- Except as provided in the treaties and laws of preferential decision, appeal the judgement and and raise the ground as an
application, the provisions of this code shall be enforced not only raised as one of the errors the denial affirmative defenses proceed with
within the Philippine Archipelago including its atmosphere, its of the motion to quash, unless the the trial and in case of an adverse
 denial is tainted with grave abuse of decision, appeal the same action, there are two actions involved in a criminal
discretion amounting to lack or case (Salazar v. People, 411 SCRA 598, (2003))
excess of jurisdiction, Rule 65 is the - WHEN TO MAKE THE RESERVATION TO INSTITUTE A SEPARATE
remedy therefore CIVIL ACTION:
o The reservation of the right to institute separately the civil
Intervention of Offended Party In Criminal Actions (Section 16 of Rule 110) action shall be made before the prosecution starts
presenting its evidence and under circumstances affording
- Where the civil action for recovery of civil liability is instituted in the the offended party a reasonable opportunity to make such
criminal action pursuant to Rule 111 (Section 1), the offended party reservation.
may intervene by counsel in the prosecution of the offense.  Reason for reservation: (Yakult Phils v. CA, 190 SCRA
- WHEN PRIVATE PROSECUTOR CAN INTERVENE IN THE TRIAL 357)
o The private prosecutor can intervene with regards to the  To prevent the offended party from
civil aspect of the criminal case except: recovering damages twice for the same act
 when the offended party waives the civil action or omission
 reserves the right to institute it separately, or - WHEN FILING FEES CONSTITUTE AS A LIEN IN CASE OF MONETARY
 institutes the civil action prior to the criminal action AWARD:
o When the offended party seeks to enforce civil liability
G. PROSECUTION OF THE CIVIL ASPECT OF THE CRIMINAL CASE (RULE 111
OF THE RULES OF CRIMINAL PROCEDURE) against the accused by way of moral, nominal, temperate,
or exemplary damages without specifying the amount
Institution of Criminal and Civil Actions (Section 1 of Rule 111) (in relation thereof in the complaint or information, the filing fees
to Article 100 of the Revised Penal Code) thereof shall constitute a first lien on the judgment
awarding such damages.
- GENERAL RULE: When a criminal action is instituted, the civil action
- PAYMENT OF FILING FEES IN CASE OF CLAIM FOR DAMAGES:
for the recovery of civil liability arising from the offense charged
o Where the amount of damages, other than actual, is
shall be deemed instituted with the criminal action unless: (WRP)
specified in the complaint or information, the
o the offended party waives the civil action
corresponding filing fees shall be paid by the offended party
o reserves the right to institute it separately
upon the filing thereof in court.
o or institutes the civil action prior to the criminal action
- REQUIREMENT OF FILING FEES FOR ACTUAL DAMAGES:
 NOTE: what is deemed instituted in every criminal
o Except as otherwise provided in these Rules, no filing fees
prosecution is the civil liability arising from the
shall be required for actual damages.
crime or delict and not from quasi-delicts,
- COUNTERCLAIMS, CROSS-CLAIMS, THIRD PARTY COMPLAINTS NOT
contracts or quasi contracts (Phil. Rabbit Bus Lines
ALLOWED:
Inc. v. People of the Philippines, GR no. 147703)
o No counterclaim, cross-claim or third-party complaint may
 NOTE: unless the offended party waives the civil
be filed by the accused in the criminal case, but any cause
action or reserves the right to institute it separately
of action which could have been the subject thereof may
or institutes the civil action prior to the criminal
be litigated in a separate civil action. (1a)
- NO RESERVATION ON THE CIVIL ASPECT OF THE CASE IN action can be determined based on mere preponderance of
VIOLATIONS OF BP22 (BOUNCING CHECKS LAW): evidence. The offended party may peel off from the
o The criminal action for violation of Batas Pambansa Blg. 22 terminated criminal action and appeal from the implied
shall be deemed to include the corresponding civil action. dismissal of his claim for civil liability (Burgos v. Court of
No reservation to file such civil action separately shall be Appeals, GR no. 169711, February 08, 2010)
allowed.
Article 100 of the Revised Penal Code further states:
 A separate proceeding is allowed for the recovery of
the civil liability in cases of violations of BP22 when - Every person criminally liable for a felony is also civilly liable
the civil case is filed ahead of the criminal case (La
Suspension of Separate Civil Action/Otherwise known as Rule of
Bun Tiong v. Balboa, GR No 158177, 2008)
Precedence (Section 2 of Rule 111)
o Upon filing of the aforesaid joint criminal and civil actions,
the offended party shall pay in full the filing fees based on - EFFECT OF THE COMENCEMENT OF A CRIMINAL ACTION ON THE
the amount of the check involved, which shall be SEPARATE CIVIL ACTION:
considered as the actual damages claimed. o After the criminal action has been commenced, the
o Where the complaint or information also seeks to recover separate civil action arising therefrom cannot be instituted
liquidated, moral, nominal, temperate or exemplary until final judgment has been entered in the criminal action.
damages, the offended party shall pay additional filing fees - RULE IF THE CIVIL ACTION HAS ALREADY BEEN INSTITUTED:
based on the amounts alleged therein. o If the criminal action is filed after the said civil action has
o If the amounts are not so alleged but any of these damages already been instituted, the latter shall be suspended in
are subsequently awarded by the court, the filing fees whatever stage it may be found before judgment on the
based on the amount awarded shall constitute a first lien on merits.
the judgment. - DURATION OF THE SUSPENSION OF THE CIVIL ACTION:
- RULE ON CONSOLIDATION OF CIVIL AND CRIMINAL ACTION WHEN o The suspension shall last until final judgment is rendered in
TRIAL HAS NOT YET COMMENCED: the criminal action.
o Where the civil action has been filed separately and trial - RULE ON CONSOLIDATION OF CIVIL AND CRIMINAL CASES BEFORE
thereof has not yet commenced, it may be consolidated JUDGEMENT ON THE MERITS IS RENDERED:
with the criminal action upon application with the court o Nevertheless, before judgment on the merits is rendered in
trying the latter case. If the application is granted, the trial the civil action, the same may, upon motion of the offended
of both actions shall proceed in accordance with section 2 party, be consolidated with the criminal action in the court
of this Rule governing consolidation of the civil and criminal trying the criminal action.
actions. (cir. 57-97) - EFFECTS OF CONSOLIDATION OF CASES:
- ACQUITTAL OF THE ACCUSED DOES NOT AUTOMATICALLY o In case of consolidation: (ACJ)
EXTINGUISH CIVIL LIABILITY  The evidence already adduced in the civil action
o When the trial courts acquit the accused or dismisses the shall be deemed automatically reproduced in the
case on the ground of lack of evidence to prove the guilt of criminal action
the accused beyond reasonable doubt, the civil action is not
automatically extinguished since liability under such an
  Without prejudice to the right of the prosecution to  where the court declared that the liability
cross-examine the witnesses presented by the of the accused is only civil
offended party in the criminal case and of the  where the civil liability of the accused does
parties to present additional evidence. not arise or is not based upon the crime of
 The consolidated criminal and civil actions shall be which the accused was not acquitted
tried and decided jointly. (Section 3 of Rule 111)
o See also: Cojuangco v. Court of Appeals (203 SCRA 619)
Independent Civil Actions (Section 3 of Rule 111)
- EFFECT OF THE PENDENCY OF THE CRIMINAL ACTION ON THE CIVIL
ACTION: - WHEN CIVIL ACTIONS PROCEED INDEPENDENTLY
o During the pendency of the criminal action, the running of o In the cases provided for in Articles 32, 33, 34 and 2176 of
the period of prescription of the civil action which cannot the Civil Code of the Philippines, the independent civil
be instituted separately or whose proceeding has been action may be brought by the offended party.
suspended shall be tolled. (n) - NATURE AND QUANTUM OF PROOF REQUIRED
- CIVIL ACTION IS DEEMED EXTINGUISHED WHEN: o It shall proceed independently of the criminal action and
o The extinction of the penal action does not carry with it shall require only a preponderance of evidence.
extinction of the civil action. - RULE ON DOUBLE RECOVERY
o However, the civil action based on delict shall be deemed o In no case, however, may the offended party recover
extinguished if there is a finding in a final judgment in the damages twice for the same act or omission charged in the
criminal action that the act or omission from which the civil criminal action.
liability may arise did not exist. o Padua v. Robles (66 SCRA 485) provided further that:
 Liong v. Lee further provides that the action based  the independent civil action may be pursued against
on delict may be deemed extinguished if there is a the same person who is the accused in the criminal,
finding on the final judgment in the criminal action case, nevertheless, if the accused lost in both cases,
that the act or omission which the civil liability the winning offended party cannot recover
may arise did not exist or where the accused did damages twice from the defendant based on the
not commit the acts or omission imputed to him. same act or omission charged in the criminal action
 NOTE: Relate this to Section 2 par 2 of Rule 120 on
Judgment in Criminal Cases. Independent Civil Actions in Articles 32, 33, 34, and 2176
 Particularly on acquittals based on preponderance - Article 32 (New Civil Code)
of evidence because such acquittal does not carry o Damages arising from the violation of the constitutional
with it the extinguishment of civil liability rights of another person by any public officer, employee or
 NOTE: Instances wherein acquittal does not include any private individual
civil liability (Salazar v. People, 411 SCRA 598 o See also Article III Sections 1-22 of the 1987 Constitution
(2003)): (PC (BILL OF RIGHTS)
 the acquittal is based on reasonable doubt - Article 33 (New Civil Code)
as only preponderance of evidence is
required (Section 2 of Rule 120)
 o Damages arising from defamation, fraud, and physical o Relate this to Rule 86 and 87 of the Rules on Special
injuries of an injured party. Proceedings
- Article 34 (New Civil Code)  Section 2 (Statute of Non-Claims) of Rule 86
o Damages arising from failure to render aid or protection to  Section 5 (Exceptions) of Rule 86
any person whose life, liberty, or property is in danger, by  Section 1 (Actions that Survive) Rule 87
any peace officer, or a municipal police officer  Section 9 (Procedure) Rule 86
- Article 2176 (New Civil Code) - EFFECT OF DEATH OF ACCUSED BEFORE ARRAIGNMENT:
o Damages arising from quasi-delicts (TORTS) o If the accused dies before arraignment, the case shall be
dismissed without prejudice to any civil action the offended
party may file against the estate of the deceased.
Effects of Death of the Accused on Civil Actions (Section 4 of Rule 111)
o EFFECT OF DEATH OF ACCUSED DURING PENDENCY OF
- EFFECTS OF DEATH DURING THE PENDENCY OF THE ACTION: ACTION (People v. Dadao, GR No. 201860, 2014)
o The death of the accused after arraignment and during the  Considering that no final judgement had been
pendency of the criminal action shall: rendered against him at the time of his death,
 Extinguish the civil liability arising from the delict. whether or not he was guilty of the crime charged
 However, the independent civil action instituted had become irrelevant because even assuming that
under section 3 of this Rule or which thereafter is he did incur criminal liability and civil liability ex
instituted to enforce liability arising from other delicto, these were totally extinguished by his
sources of obligation may be continued against the death, following Article 89(1) of the Revised Penal
estate or legal representative of the accused after Code and by analogy, the ruling in People v.
proper substitution or against said estate, as the Bayotas. Therefore the present criminal case should
case may be. be dismissed with respect only to the deceased
 The heirs of the accused may be substituted for the Eddie Malogsi
deceased without requiring the appointment of an o EFFECT OF DEATH OF THE ACCUSED PENDING APPEAL
executor or administrator and the court may (People v. Alison (44 SCRA 523))
appoint a guardian ad litem for the minor heirs.  When the accused died while the judgment of
 The court shall forthwith order said legal conviction is pending appeal, his civil and criminal
representative or representatives to appear and be liabilities are extinguished by his death.
substituted within a period of thirty (30) days from
Effect of Judgment in Civil Action To Criminal Action (Section 5 of Rule 111)
notice.
- RULE IF FINAL JUDGMENT IS IN FAVOR OF THE OFFENDED PARTY; - A final judgment rendered in a civil action absolving the defendant
HOW ENFORCED: from civil liability is not a bar to a criminal action against the
o A final judgment entered in favor of the offended party shall defendant for the same act or omission subject of the civil action
be enforced in the manner especially provided in these
Suspension of Criminal Action By Reason of Prejudicial Question (Section 6
rules for prosecuting claims against the estate of the
of Rule 111)
deceased.
 - A petition for suspension of the criminal action based upon the not have the authority to represent BF Homes in the sale due to this
pendency of a prejudicial question in a civil action may be filed in: receivership having been terminated by the SEC, the basis for the
o The office of the prosecutor or criminal liability for the violation of Section 25 of PD 957 would
o The court conducting the preliminary investigation* evaporate, thereby negating the need to proceed with the criminal
o When the criminal action has been filed in court for trial, case
the petition to suspend shall be filed in the same criminal
Elements of a Prejudicial Question: (Section 7 of Rule 111)
action at any time before the prosecution rests.
- The elements of a prejudicial question are as follows:
Prejudical Question defined: (Marbella-Bobis v. Bobis, 336 SCRA 747)
o The previously instituted civil action involves an issue similar
- A question which arises in a case the resolution of which is a logical or intimately related to the issue raised in the subsequent
antecedent of the issue involved in the same case and the criminal case
cognizance of which pertains to another tribunal o The resolution of such issue determines whether or not the
criminal action may proceed
Reason for the principle of prejudicial question: (Te v. Court of Appeals,
 The rule implies as furthered by the decision of the
346 SCRA 327)
Supreme Court in Pimentel v. Pimentel (GR. No.
- The rationale behind the principle of suspending a criminal case in 172060) that a civil action must be first instituted
view of a prejudicial question is to avoid two conflict decisions before the filing of the criminal action

Actions for Rescission of Contract is not prejudicial to the violation of BP *Voiding of construction agreement not a prejudicial question for violation
22 (Reyes v. Rossi, GR No. 159823, 2013) of BP22 (Dreamwork Construction v. Janiola, GR. No. 184861)

RESCISSION OF CONTRACT VIOLATION OF BP22 *An Independent Civil Action Cannot Give Rise to A Prejudicial Question
Based on a Cause of action for the The mere issuance of a bouncing (Consing v. People of the Philippines, GR. No. 161075)
action to commence and be due check is the basis for the action of
- Cases falling under Articles 32, 33, 34, and 2176 of the New Civil
and demandable BP22. Scrutiny of the contract is
Code
immaterial
Rule on Precedence in case of prejudicial question (in relation to Section 2
Action for specific performance is a prejudicial question in criminal case of Rule 111) – Exception
for violation of Section 25 of PD 957 (HLURB Cases) - When the civil action is a prejudicial question, the rule on
- The action for specific performance in the HLURB would determine precedence of criminal action does not apply (Aberia v. Mendoza,
whether or not San Miguel Properties was legally entitled to 83 Phil. 427)
demand the delivery of the remaining 20 TCTs, while the criminal - Prejudicial question is an exception to precedence of criminal case
action would decide whether or not BF Homes’ director and officers, (Benitez v. Concepcion, 2 SCRA 178)
were criminally liable for withholding the 20 TCTs. Rationale of prejudicial question (Philippine Agila Satellite Inc. v. Lichauco,
- The resolution of the former must obviously precede that of the GR. No. 134887)
latter, for should the HLURB hold San Miguel Properties to be not
entitled to the delivery of the 20 TCTs because Atty. Orendain did
 - The rationale for the principle of prejudicial question is that Section 6 and 7 of Rule 111 must be related to Section 11 of Rule 116 for a
although it does not conclusively resolve the guilt or innocence of prejudicial question is another ground for a suspension of arraignment:
the accused, it tests the sufficiency of the allegations in the
- Section 11 of Rule 116 of the Rules on Criminal Procedure provide:
complaint or information in order to sustain the further prosecution
o Upon motion by the proper party, the arraignment shall be
of the criminal case. Hence the need for its prior resolution before
suspended in the following cases
further proceedings in the criminal action may be had.
xxx
Instances where a prejudicial question is not allowed:  There exists a prejudicial question
- In a bigamy case, filed by the first wife against the husband, the civil
action for the annulment of the marriage brought by the second H. PROVISIONAL REMEDIES IN CRIMINAL PROCEEDINGS (RULE 127 OF THE
wife against the husband on the ground of intimidation employed RULES ON CRIMINAL PROCEDURE)
by the husband against the second wife, does not constitute a
Provisional Remedy defined:
prejudicial question which will justify the suspension of the bigamy
case. The accused cannot use his own wrong as a shield against his - Temporary, auxiliary, and ancillary remedies resorted to by litigants
own prosecution. (People v. Aragon, 94 Phil. 357) A person should to preserve and protect their rights or interests while the main
not benefit from his own wrong. action is pending, to secure the judgment, to preserve status quo, or
- In a prosecution for bigamy brought by the first wife, it was held to preserve the subject matter of the action
that an action for the annulment of marriage brought by the second
wife with a third-party complaint thereon brought by the husband Meaning of the term “Provisional”
against the first wife to annul the first marriage on the ground of - The term “provisional” means temporary, preliminary or tentative
intimidation, is not a prejudicial question. A party cannot judge for (Tan v. Adre, 450 SCRA 145)
himself the validity of his own marriage for in doing so, he runs the
risk of prosecution for bigamy by contracting a second marriage Purpose of Provisional Remedies
(Mercado v. Tan, 337 SCRA 122) - To preserve or protect the rights or interests of the parties while the
- In a prosecution for bigamy, the defense of the accused that the main action is pending
marriage is simulated does not constitute a prejudicial question as - To secure judgment
the same may be decided, using that a defense, in the said criminal - To preserve status quo
case (Republic v. Villasor, 63 OG, 5731) - To preserve the subject matter of the action
- A civil action for cancellation of copyright is not prejudicial to the
criminal prosecution for infringement of copyright (Ocampo v. Provisional Remedies are Available in Criminal Actions (Section 1 of Rule
Cochingyan, 96 Phil 459) 127)
- An action for annulment of marriage is not a prejudicial question in
- The provisional remedies in civil actions insofar as they are
the prosecution of the accused for the crime of concubinage
applicable, may be availed of in connection with the civil action
(Marbella-Bobis v. Bobis, 336 SCRA 747)
deemed instituted with the criminal action
- A civil action for the annulment of a deed of sale is not prejudicial to
the criminal action for estafa or violation of BP 22 for the issuance
of bouncing check in payment of sale (Umali v. IAC, 186 SCRA 680)
*Rules 57-61 of the Rules on Civil Procedure (rules on Provisional - A provisional remedy issued upon order of the court where the
Remedies) are available, as stated in the above provision, in connection action is pending, to be levied upon the property or properties of
with the civil action deemed instituted with the criminal action the defendant therein, the same to be held thereafter by the sheriff
as a security for the satisfaction of whatever judgment might be
- The following are the Provisional Remedies under the Rules of
rendered in said action in favor of the attaching creditor against the
Court available in connection with the civil action deemed instituted
defendant. (Virata v. Aquino, GR No. L-35027)
with the criminal action
Nature of attachment:
- Preliminary Attachment (Rule 57)
- Purely Statutory and must be strictly construed (7 Phil. 708)
- Preliminary Injunction (Rule 58)

- Receivership (Rule 59)

I. PROCEEDINGS OR REMEDIES AFTER THE FILING OF A CRIMINAL
- Replevin (Rule 60)
COMPLAINT OR INFORMATION BUT BEFORE ARRAIGNMENT OR PLEA
- Support Pendente Lite (Rule 61)
Remedies before Arraignment (PWABBSS)

- Motion to Conduct Preliminary Investigation (Section 6 of Rule 112)

Grounds for Attachment (Section 2 of Rule 127) - Motion to Withdraw Complaint or Information (Section 7, DOJ
Circular 70)
- When the civil action is properly instituted in the criminal action as - Arrest with Warrant/Motion to Quash Warrant of Arrest (Section 5
provided in Rule 111, the offended party may have the property of of Rule 112, and Rule 113)
the accused attached as security for the satisfaction of any - Bail/Petition for Bail/Motion for Reduction of Bail/Recognizance
judgment that may be recovered from the accused in the following (Rule 114, RA 10389 (law on Recognizance of Indigents)
cases: - Motion for a Bill of Particulars (Section 9 of Rule 116)
o When the accused is about to abscond from the Philippines; - Motion to Suspend Arraignment (Section 11 of Rule 116)
o When the criminal action is based on a claim for money or - Motion to Dismiss in Case of a Strategic Lawsuit Against Public
property embezzled or fraudulently misapplied or Participation (SLAPP) (Section 1, Rule 19 Part IV of the Rules on
converted to the use of the accused who is a public officer, Environmental Cases)
officer of a corporation, attorney, factor, broker, agent, or
clerk, in the course of his employment as such, or by any Remedies before Plea (QA)
other person in a fiduciary capacity, or for a willful violation - Motion to Quash Complaint or Information (Section 3 of Rule 117)
of duty; - Amendment of Complaint of Information (Section 14 of Rule 110)
o When the accused has concealed, removed, or disposed of
his property, or is about to do so; and
o When the accused resides outside the Philippines
Remedies Before Arraignment
Preliminary attachment defined:
I. MOTION TO CONDUCT PRELIMINARY INVESTIGATION (SECTION 6, RULE
112)
Motion to Conduct Preliminary Investigation After Filing of - If the court refused to grant his motion for preliminary investigation
Information/Complaint In case of Denial of The Right (Section 6 of Rule and/or reinvestigation, he may FILE A PETITION FOR PROHIBITION
112) (First Remedy before arraignment) (Conde v. Judge of First Instance and Fiscal of Tayabas, 45 Phil. 173)
- Or he may file a PETITION FOR CERTIORARI WITH PRAYER FOR
- REMEDY OF A PERSON AGAINST WHOM A COMPLAINT OR
PRELIMINARY INJUNCTION (Luciano v. Mariano, 40 SCRA 187)
INFORMATION IS FILED WITHOUT THE CONDUCT OF THE
REQUIRED PRELIMINARY INVESTIGATION:
o After the filing of the complaint or information in court
II. APPEAL TO THE SEC. OF JUSTICE/WITHDRAWAL OR DISMISSAL OF
without a preliminary investigation, the accused may, within
COMPLAINT OR INFORMATION
five (5) days from the time he learns of its filing, ask for a
preliminary investigation with the same right to adduce Action on the Petition (Section 7 of DOJ Circular 70)
evidence in his defense as provided in this Rule. (7a; sec. 2,
- DISMISSAL MOTU PROPRIO BY THE SECRETARY OF JUSTICE:
R.A. No. 7438)
o The Secretary of Justice may dismiss the petition outright:
*Reinvestigation of the case rests with the Prosecutor (People v. Jamisola,  If he finds the same to be patently without merit or
30 SCRA 555)  Manifestly intended for delay, or
 When the issues raised therein are too
- The fiscal has the direction and control of the prosecution. In the
unsubstantial to require consideration.
exercise of this authority, the fiscal may reinvestigate the case and
 If an information has been filed in court pursuant to
subsequently move for its dismissal should the reinvestigation show either
the appealed resolution, the petition shall not be
that the defendant is innocent or that his guilt may not be established by
given due course if the accused had already been
reasonable doubt
arraigned.
*New preliminary investigation is required in case the category of the o EFFECT OF ARRAIGNMENT ON PETITION ALREADY FILED
offense is raised (Bandiala v. CFI, 35 SCRA 237)  Any arraignment made after the filing of the
petition shall not bar the Secretary of Justice from
Effect of granting a motion for reinvestigation; Holding in abeyance the
exercising his power of review.
arraignment and trial
Effect of Appeal to the Department of Justice (Section 9 of DOJ Circular 70)
- After the trial court granted the appellants’ motion for
reinvestigation, it became incumbent upon the court to hold in Unless the Secretary of Justice directs otherwise, the appeal shall not hold
abeyance the arraignment and trial of the case until the City Fiscal the filing of the corresponding information in court on the basis of the
shall have conducted and made his report on the result of such finding of probable cause in the appealed resolution. The appellant and the
reinvestigation. That was a matter of duty on its part, not only to be trial prosecutor shall see to it that, pending resolution of the appeal, the
consistent with its own order but also to do justice and at the same proceedings in court are held in abeyance
time to avoid a possible miscarriage of justice (People v. Beriales, 70
Withdrawal of The Complaint or Information Filed with The Court
SCRA 361)
- Withdrawal of information is discretionary with the Court
Remedy in case of denial of the Motion for Preliminary Investigation or
(Marcelo v. CA, 235 SCRA 39)
Re-Investigation
 o The discretion to allow the withdrawal of the information XVII. PROHIBITION ON THE ARREST OF SENATORS OR MEMBERS OF THE
and the dismissal of the action is vested in the court. HOUSE OF REPRESENTATIVES DURING SESSION (Article VI Section 11 of
o The findings of the Secretary of Justice are merely advisory 1987 Constitution)
and suggestive
- A Senator or Member of the House of Representatives shall, in all
- Order denying a Motion to withdraw information is an
offenses punishable by not more than 6 years of imprisonment, be
interlocutory order
privileged from arrest while congress is in session.
o Interlocutory order defined
- No Member shall be questioned nor be held liable in any other
 one that does not finally dispose of the case and
place for any speech or debate in the Congress or in any committee
does not end the Court’s task of adjudicating the
thereof
parties contentions and determining their rights and
liabilities as regards each other, but obviously Arrest Defined (Section 1 of Rule 113)
indicates things remaining to be done by the court
- Arrest is the taking of a person into custody in order that he may be
- Dismissal of the case is discretionary with the court, the fiscal
bound to answer for the commission of an offense
should continue to appear however, he may turn over the
presentation of evidence to the private prosecutor (Crespo v. Warrant of Arrest When Issued (Section 5 of Rule 112)
Mogul, 151 SCRA 462)
- Trial Court is not bound to adopt the resolution of the Secretary of COURSES OF ACTION OF THE JUDGE UPON RECEIPT OF THE
Justice for it must make a determination of probable cause on its INFORMATION:
own. (AM No RTJ-14-2367) - (a) By the Regional Trial Court.
- Disposition of the motion to dismiss or withdraw information o Within ten (10) days from the filing of the complaint or
discretionary upon judge (Cerezo v. People, GR No. 185230) information, the judge shall personally evaluate the
- Court must make its own findings of probable cause otherwise resolution of the prosecutor and its supporting evidence
denial of the motion to withdraw is tainted grave abuse of and perform the following actions:
discretion  He may immediately dismiss the case if the
evidence on record clearly fails to establish
probable cause.
 If he finds probable cause, he shall issue a warrant
III. ARREST BY VIRTUE OF WARRANT (RULE 113)
of arrest, or
Warrant of Arrest defined  Issue a commitment order if the accused has
already been arrested pursuant to a warrant issued
- A legal process issued by competent authority directing the arrest or
by the judge who conducted the preliminary
a person or persons upon grounds stated therein.
investigation or when the complaint or information
Constitutional Prohibition on the Arrest of Senators or Members of the was filed pursuant to section 7 of this Rule.
House During Session:  In case of doubt on the existence of probable cause,
the judge may order the prosecutor to present
additional evidence within five (5) days from notice
and the issue must be resolved by the court within
 thirty (30) days from the filing of the complaint of NOTE: A motion for judicial determination of probable cause has been
information. already declared as a prohibited motion under the CONTINUOUS TRIAL
PROCEDURE BEFORE THE MTC AS AMENDED: RULE
- (b) By the Municipal Trial Court.
Distinguish Executive Determination vs Judicial Determination of Probable
o When required pursuant to the second paragraph of section
Cause:
1 of this Rule, the preliminary investigation of cases falling
under the original jurisdiction of the Metropolitan Trial EXECUTIVE DETERMINATION JUDICIAL DETERMINATION
Court, Municipal Trial Court in Cities, Municipal Trial Court, It is a function that properly Is one made by the judge to
or Municipal Circuit Trial Court may be conducted by either pertains to the public prosecutor ascertain whether a warrant of
the judge or the prosecutor. When conducted by the who is given a broad discretion to arrest should be issued against the
prosecutor, the procedure for the issuance of a warrant or determine whether probable cause accused
arrest by the judge shall be governed by paragraph (a) of exists and to charge those whom
this section (As Amended by AM No 05-8-26-SC). he believes to have committed the
RULE IF ACCUSED IS ALREADY UNDER DETENTION PURSUANT TO A crime as defined by law and thus
should be held for trial
WARRANT ISSUED BY THE MTC IN ACCORDANCE WITH THE
Determination is made during the Determination is made before the
PRECEDING SECTION:
preliminary investigation before issuance of a warrant of arrest
- (c) When warrant of arrest not necessary. the filing of a complaint
o A warrant of arrest shall not issue: (DSF) Executive in Nature Judicial in Nature
 if the accused is already under detention pursuant Determination of probable cause is Determination of probable cause is
to a warrant issued by the municipal trial court in made by the prosecutor made by the judge
accordance with paragraph (b) of this section, or
 if the complaint or information was filed pursuant
to section 7 of this Rule or Arrest in Summary Procedure (Office of the Court Administrator v. Tormis,
 is for an offense penalized by fine only. AM No. MTJ-12-1817)
o The court shall then proceed in the exercise of its original - GENERAL RULE: the court shall not order the arrest of the accused
jurisdiction - EXCEPTION: unless he fails to appear whenever required
Kinds of Determination of Probable Cause (De Los Santos-Dio v. CA, G.R. Waiver of Objection to Illegal Arrest:
No. 178947, 2013)
- An Accused is estopped from assailing the irregularity of his arrest if
- Executive Determination he fails to raise the issue or to move for the quashal of the
o made by the public prosecutor, during a preliminary information before arraignment, thus any objection involving a
investigation, where he is given broad discretion to warrant of arrest or the procedure by which the court acquired
determine whether probable cause exists for the purpose of jurisdiction of the person of the accused must be made BEFORE HE
filing a criminal information in Court ENTERS HIS PLEA; OTHERWISE THE OBJECTION IS DEEMED WAIVED
- Judicial Determination
o made by the judge to ascertain whether a warrant of arrest Manner And Method of Arrest (Section 2 of Rule 113 of the Rules on
should be issued against the accused Criminal Procedure)
 - An Arrest is made by an actual restraint of a person to be arrested, o Other public officers and employees other than those
or, enumerated in the foregoing authorized by special laws to
- by his submission to the custody of the person making the arrest. execute for violations of particular laws entrusted to their
offices for enforcement
Limitations on making an arrest (Section 2, par, 2 of Rule 113 of the Rules
on Criminal Procedure) Time of making an arrest (Section 6 of Rule 113)
- No violence or unnecessary force shall be used in making an arrest. - An arrest may be made on any day at any time of day or night
The person arrested shall not be subject to a greater restraining
Method of making an arrest by virtue of a warrant (Section 7 of Rule 113)
than is necessary for his detention.
- When making an arrest by virtue of a warrant, the officer shall:
Relate this with Article III Section 12 of the 1987 Constitution
o Inform the person to be arrested of the cause of the arrest
Duty of Arresting Officer (Section 3 of Rule 113) and of the fact that a warrant has been issued for his arrest,
except: (FRGW)
- It shall be the duty of the officer executing the warrant:
 When he flees or
o to arrest the accused, and;
 Forcibly resists before the officer has opportunity to
o Deliver him to the nearest police station or jail without any
so inform him, or
unnecessary delay.
 When the giving of such information will imperil the
Execution of Warrant (Section 4 of Rule 113) arrest.
 The officer need not have the warrant in his
- SERVICE OF THE WARRANT OF ARREST; WHEN MADE possession at the time of the arrest but after the
o The head of the office to whom the warrant of arrest was arrest, if the person arrested so requires, the
delivered for execution shall: warrant shall be shown to him as soon as
 Cause the warrant to be executed within ten (10) practicable.
days from its receipt.
 Within ten (10) days after the expiration of the Assistance to Effect Arrest (Section 10, Rule 113)
period, the officer to whom it was assigned for
- An officer making a lawful arrest may orally summon as many
execution shall make a report to the judge who
persons as he deems necessary to assist him in effecting the arrest.
issued the warrant.
 In case of his failure to execute the warrant, he shall Limitations:
state the reasons therefor.
o Every person so summoned by an officer shall assist him in
- OFFICERS WHO SHALL IMPLEMENT THE WARRANT OF ARREST:
effecting the arrest when he can render such assistance
o Regular members of the National Bureau of Investigation
without detriment to himself
(Section 5, RA 157, as amended by RA 2678)
o Regular members of the Philippine National Police (Section Right of the Officer to Break Into the Building or Enclosure to Effect
2564, Revised Administrative Code) Warrantless Arrest (Section 11 of Rule 113)
o Court Sheriffs (Section 183(b) Revised Administrative Code)
 - An Officer in order to make an arrest by virtue of a warrant or Bail defined (Section 1 of Rule 114)
WITHOUT A WARRANT as provided in section 5, may break into any
- Bail is the security given for the release of a person in custody of
building or enclosure where the person to be arrested is or is
law, furnished by him or a bondsman to guarantee his appearance
reasonably believed to be, provided:
before any court as required by the conditions hereinafter specified
o if he is refused admittance thereto and,
- Bail may be given in the form of:
o after announcing his authority and purpose
o Corporate Surety (Section 10, Rule 114)
Right of the Officer to Break Out From The Building (Section 12 of Rule o Property Bond (Sections 11-12, Rule 114)
113) o Cash Deposit (Section 14, Rule 114)
o Recognizance (Section 15, Rule 114 and RA 10389
- Whenever an officer has entered the building or enclosure in
(Recognizance involving Indigents))
accordance with the preceding section, he may break out therefrom
when necessary to liberate himself Purpose of Bail (Almeda v. Villaluz, 86 SCRA 38)
Arrest After Escape or Rescue (Section 13 of Rule 113) - The purpose of putting up a bail for approval of the court is to
release an accused from imprisonment until his conviction yet
- If a person lawfully arrested escapes or is rescued, any person may
secure his appearance at the trial of his case.
immediately pursue or retake him without a warrant at any time
and in any place within the Philippines Constitutional Basis of the Right to Bail (Article III, Section 13 of the 1987
Constitution)
Visitation Rights and Right to Counsel (Section 14 of Rule 113 of the Rules
On Criminal Procedure) - All persons, except those charged with offenses punishable with
reclusion perpetua when evidence of is strong, shall, before
- Any member of the Philippine Bar shall, at the request of the person
conviction, be bailable by sufficient sureties or be released on
arrested or of another acting in his behalf, have the right to visit and
recognizance as provided by law. The right to bail shall not be
confer privately with such person in the jail or any other place of
impaired even if the privilege of habeas corpus is suspended.
custody at any hour of the day or night.
Excessive bail shall not be required.
- Subject to reasonable regulations, a relative of the person arrested
can also exercise the same right. Conditions And Requirements of Bail (Section 2 of Rule 114)
Grounds for Quashal of Warrant of Arrest - All kinds of bail are subject to the following conditions: (EPTS)
o (a) The undertaking shall be effective upon approval, and
- The accused may move for the quashal of the warrant of arrest in
unless cancelled, shall remain in force at all stages of the
accordance with the provisions of Section 26, Rule 114 and other
case until promulgation of the judgment of the Regional
pertinent provisions of the rules, based on the following grounds:
Trial Court, irrespective of whether the case was originally
(IIL)
filed in or appealed to it;
o Irregularity of Arrest
o (b) The accused shall appear before the proper court
o Irregularity in the warrant of arrest itself
whenever required by the court of these Rules;
o Lack of or irregularity of preliminary investigation
o (c) The failure of the accused to appear at the trial without
IV. BAIL/PETITION FOR BAIL/REDUCTION OF BAIL/RECOGNIZANCE justification and despite due notice shall be deemed a
 waiver of his right to be present thereat. In such case, the - When bail is a matter of right, an accused may apply for and be
trial may proceed in absentia; and granted bail even prior to arraignment (Serapio v. Sandiganbayan,
o (d) The bondsman shall surrender the accused to the court 396 SCRA 443)
for execution of the final judgment.
Bail as a matter of discretion (Rule 114 Section 5 of the Rules of Court)
- Requirements of Bail: (FACP)
o The original papers shall state the full name and address of - WHEN BAIL IS A MATTER OF DISCRETION:
the accused, o Upon (After) Conviction by the Regional Trial Court of an
o the amount of the undertaking and offense not punishable by reclusion perpetua or life
o the conditions herein required. imprisonment, admission to bail is discretionary
o Photographs (passport size) taken within the last six (6) - WHERE TO FILE APPLICATION FOR BAIL:
months showing the face, left and right profiles of the o The application for bail may be filed and acted upon by the
accused must be attached to the bail. trial court despite the filing of a notice of appeal, provided it
has not transmitted the original record to the appellate
*Person applying for bail must submit himself to the jurisdiction of the court
court
—he must be under the custody of the law; Custody of the law distinguished
o However, if the decision of the trial court convicting the
from jurisdiction of court (Pico v. Judge Combong, Jr.)
accused changed the nature of the offense from non-
Person Detained Cannot Be Released Unless Admitted to Bail (Section 3 of bailable to bailable, the application for bail can only be filed
Rule 114) with and resolved by the appellate court (read in
congruence with Rule 120 Section 6)
- No person under detention by legal process shall be released or - EFFECT OF GRANT OF BAIL
transferred except upon order of the court or when he is admitted o Should the court grant the application, the accused may be
to bail
allowed to continue on provisional liberty during the
Bail as a matter of right (Rule 114 Section 4 of the Rules of Court) pendency of the appeal under the same bail subject to the
consent of the bondsman.
- All persons in custody shall be admitted to bail as a matter of right, - EFFECT IF PENALTY IMPOSED BY TRIAL COURT EXCEEDS SIX YEARS
with sufficient sureties or released on recognizance as prescribed by o If the penalty imposed by the trial court is imprisonment
law or by this rule: exceeding 6 years, the accused shall be denied bail or his
o BEFORE OR AFTER CONVICTION BY THE: bail shall be cancelled upon a showing by the prosecution,
 Metropolitan Trial Courts with notice to the accused of the following or any other
 Municipal Trial Courts similar circumstance: (REOCU)
 Municipal Trial Court in Cities  That he is a RECIDIVIST, QUASI-RECIDIVIST, or, A
 Municipal Circuit Trial Courts HABITUAL DELINQUENT, or has committed a crime
o BEFORE CONVICTION BY THE aggravated by the circumstance of reiteracion
 Regional Trial Court of an offense not punishable by  That he has previously ESCAPED from legal
reclusion perpetua, or life imprisonment confinement, evaded sentence or violated the
Bail as a matter of right even prior to arraignment conditions of his bail without valid justification
  That he committed the OFFENSE while under - BURDEN OF PROOF IN BAIL; WHO HAS IT:
probation, parole, or conditional pardon o At the hearing of an application for bail filed by a person
 The CIRCUMSTANCES of his case indicate the who is in custody for the commission of an offense
probability of flight if released on bail punishable by death, reclusion perpetua, or life
 That there is UNDUE RISK that he may commit imprisonment, the prosecution has the burden of showing
another crime during the pendency of the appeal that evidence of guilt is strong.
- DUTY OF THE APPELLATE COURT ON THE RESOLUTION OF THE - RULE ON EVIDENCE ALREADY PRESENTED DURING BAIL HEARING:
REGIONAL TRIAL COURT: o The evidence presented during the bail hearing shall be:
o The appellate court may motu proprio or on motion of any (RM)
party, review the resolution of the Regional Trial Court after  Considered automatically reproduced at the trial,
notice to the adverse party in either case. but,
 Upon motion of either party, the court may recall
Capital Offense Defined: (Section 6 of Rule 114)
any witness for additional examination unless the
- A capital offense is an offense which under the law existing at the latter is dead, outside the Philippines, or otherwise
time of its commission and of the application for admission to bail, unable to testify.
may be punished by death o Bail hearing is mandatory
 A hearing is mandatory in granting bail whether it is
Capital offenses under the Revised Penal Code and Special Laws
a matter of right or discretion (Domingo v.
- Treason (Art 114 RPC) Pagayatan, 403 SCRA 381)
- Qualified Piracy (Art 123 RPC)  Because it is part of procedural due process
- Parricide (Art 246 RPC) (Docena-Caspe v. Bugtas)
- Murder (Art 248 RPC)  The hearing contemplated is the presentation of
- Infanticide (Art 255 RPC) proof that evidence of guilt is strong (Narciso v. Sta.
- Kidnapping (Art 267 RPC) Romana Cruz, 322 SCRA 569)
- Robbery With Homicide (Art 294 RPC) o Remedy in case of denial of Petition for Bail (People v.
- Rape With Homicide (RA 2632) Gomez (325 SCRA 61))
- Plunder (RA 7080)  The remedy of the petitioner from the order of the
- Violation of Dangerous Drugs Act (RA 9165) trial court denying a petition for bail is to file a
petition for certiorari if the trial court committed
Right to Bail On Capital Offenses Not Available (Section 7 of Rule 114) grave abuse of discretion amounting to excess or
- No person charged with a capital offense, or an offense punishable lack of jurisdiction in issuing the said order
by reclusion perpetua or life imprisonment shall be admitted to bail
when evidence of guilt is strong, regardless of the stage of the
criminal proceeding
- Remedy is PETITION FOR BAIL
Guidelines in granting Bail (Section 9 of Rule 114)
Burden of Proof in Bail Application (Section 8 of Rule 114)
 - FACTORS CONSIDERED IN GRANTING OF BAIL: (F(3)P(3)NCAW) o If unregistered, in the Registration Book on the space
o The judge who issued the warrant or granted the provided therefor, in the Registry of Deeds for the province
application shall fix a reasonable amount of bail considering or city where the land lies, and on the corresponding tax
primarily, but not limited to, the following factors: declaration in the office of the provincial, city and municipal
 (a) Financial ability of the accused to give bail; assessor concerned.
 (b) Nature and circumstances of the offense; o Within the same period, the accused shall submit to the
 (c) Penalty for the offense charged; court his compliance and his failure to do so shall be
 (d) Character and reputation of the accused; sufficient cause for the cancellation of the property bond
 (e) Age and health of the accused; and his re-arrest and detention
 (f) Weight of the evidence against the accused;
Sureties in Property Bond; Qualifications (Section 12 of Rule 114)
 (g) Probability of the accused appearing at the trial;
 (h) Forfeiture of other bail; QUALIFICATIONS OF SURETIES:
 (i) The fact that accused was a fugitive from justice - The qualification of sureties in a property bond shall be as follows:
when arrested; and (E12)
 (j) Pendency of other cases where the accused is on o (a) Each must be a resident owner of real estate within the
bail. Philippines;
- RULE ON EXCESSIVE BAIL: o (b) Where there is only one surety, his real estate must be
o Excessive bail shall not be required worth at least the amount of the undertaking;
o (c) If there are two or more sureties, each may justify in an
Corporate Surety Bail (Section 10 of Rule 114)
amount less than that expressed in the undertaking but the
- Any domestic or foreign corporation, licensed as a surety in aggregate of the justified sums must be equivalent to the
accordance with law and currently authorized to act as such, may whole amount of bail demanded.
provide bail by a bond subscribed jointly by: WORTH OF THE SURETIES:
o the accused and o In all cases, every surety must be worth the amount
o an officer of the corporation duly authorized by its board of specified in his own undertaking over and above all just
directors. debts, obligations and properties exempt from execution
Property Bail bond (Section 11 Rule 114) Justification of Sureties (Section 13 of Rule 114)
- NATURE OF THE PROPERTY BOND: - RULE ON JUSTIFICATION OF SURETIES:
o A property bond is an undertaking constituted as lien on the o Every surety shall justify by affidavit taken before the judge
real property given as security for the amount of the bail. that he possesses the qualifications prescribed in the
- DUTY OF THE ACCUSED AFTER THE APPROVAL OF THE BOND: preceding section. He shall describe the property given as
o Within ten (10) days after the approval of the bond, the security, stating the nature of his title, its encumbrances,
accused shall cause the annotation of the lien on the the number and amount of other bails entered into by him
certificate of title on file with the Register of Deeds if the and still undischarged, and his other liabilities.
land is registered, or - DUTY OF THE COURT ON EXAMINATION OF SURETIES:
 o The court may examine the sureties upon oath concerning particular act, the most usual condition in criminal cases being the
their sufficiency in such manner as it may deem proper. No appearance of the accused for trial. (People v. Abner, 87 Phil 566)
bail shall be approved unless the surety is qualified - It is a mode of securing the release of any person in custody or
detention for the commission of an offense who is unable to post
Posting of Cash as Bail (Section 14 of Rule 114)
bail due to abject poverty. (RA 10389)
RULE ON POSTING OF CASH AS BAIL; WHERE TO FILE:
When Bail not Required (Section 16 of Rule 114)
- The accused or any person acting in his behalf may:
o Deposit in cash with the nearest collector or internal - INSTANCES WHEN BAIL SHALL NOT BE REQUIRED: (LEDM)
revenue or o No bail shall be required when the law or these Rules so
o Provincial, city, or municipal treasurer, or provide.
o the clerk of court where the case is pending, o When a person has been in custody for a period equal to or
- the amount of bail fixed by the court, or recommended by the more than the possible maximum imprisonment prescribe
prosecutor who investigated or filed the case. for the offense charged, he shall be released immediately,
EFFECT OF POSTING OF BOND: without prejudice to the continuation of the trial or the
o Upon submission of a proper certificate of deposit and a proceedings on appeal.
written undertaking showing compliance with the o If the maximum penalty to which the accused may be
requirements of section 2 of this Rule, the warden or person sentenced is destierro, he shall be released after thirty (30)
having custody of the accused shall release him without days of preventive imprisonment.
necessity of a further order from the court. o A person in custody for a period equal to or more than the
PURPOSE OF CASH BAIL: minimum of the principal penalty prescribed for the offense
- The money deposited shall: charged, without application of the Indeterminate Sentence
o Be considered as bail and applied to the payment of fine Law or any modifying circumstance, shall be released on a
and costs reduced bail or on his own recognizance, at the discretion of
o while the excess, if any, shall be returned to the accused or the court.
to whoever made the deposit (As amended by AM no. 05-8-
Bail, Where filed (Section 17 of Rule 114)
26-SC)
- WHERE TO FILE IF BAIL IS A MATTER OF RIGHT:
Recognizance (Section 15 of Rule 114, in relation to RA 10389 or
- (a) Bail in the amount fixed may be filed with: (CA)
recognizance as a mode of release of an indigent person)
o The court where the case is pending, or
- Whenever allowed by law or these Rules, the court may release a o In the absence or unavailability of the judge thereof, with
person in custody on his own recognizance or that of a responsible any regional trial judge, metropolitan trial judge, municipal
person. trial judge, or municipal circuit trial judge in the province,
city, or municipality.
Recognizance defined:
o RULE OF ACCUSED IS ARRESTED IN ANOTHER PROVINCE OF
- It is an obligation of record, entered into before some court or CITY:
magistrate duly authorized to take it, with the condition to do some
 o If the accused is arrested in a province, city, or municipality which may, for good reason, require a different one to be
other than where the case is pending, bail may also be filed filed.
with: (RM)
Delay in the release of a detention prisoner, the officer will be liable under
 Any Regional Trial Court of said place, or
Article 126 of the Revised Penal Code (Delaying Release)
 If no judge thereof is available, with any
metropolitan trial judge, municipal trial judge, or - 1. The penalty of arresto mayor in its maximum period to prision
municipal circuit trial judge therein. correccional in its minimum period, if the detention has not
- WHERE TO FILE BAIL IF IT IS A MATTER OF DISCRETION: exceeded three days;
o (b) Where the grant of bail is a matter of discretion, or the - 2. The penalty of prision correccional in its medium and maximum
accused seeks to be released on recognizance, the periods, if the detention has continued more than three but not
application may only be filed in the court where the case is more than fifteen days;
pending, whether on preliminary investigation, trial, or on - 3. The penalty of prision mayor, if the detention has continued for
appeal. (As Amended by AM No. 5-08-26-SC) more than fifteen days but not more than six months; and
- RULE OF A PERSON IN CUSTODY IN FILING BAIL BEFORE FILING OF - 4. That of reclusion temporal, if the detention shall have exceeded
CHARGES IN COURT: six months.
o (c) Any person in custody who is not yet charged in court
Increase or reduction of Bail (Section 20 of Rule 114)
may apply for bail with any court in the province, city, or
municipality where he is held. - COURT INCREASING OR DECREASING BAIL: WHEN MADE;
o After the accused is admitted to bail, the court may, upon
Notice To Prosecutor On The Application For Bail (Section 18 of Rule 114)
good cause, either increase or reduce its amount.
- In the application for bail under Section 8 of this Rule, the court - EFFECT IF ACCUSED DOES NOT POST INCREASED BAIL:
must give reasonable notice of the hearing to the prosecutor or o When increased, the accused may be committed to custody
require him to submit his recommendation if he does not give bail in the increased amount within a
- (See section 8 for mandatory hearing requirement) reasonable period.
- WHEN ACCUSED WHO WAS RELEASED WITHOUT BAIL BE
Release on Bail (Section 19 of Rule 114)
REQUIRED TO POST ONE:
WHO MAY DISCHARGE THE ACCUSED UPON APPROVAL OF BAIL; o An accused held to answer a criminal charge, who is
RULE: released without bail upon filing of the complaint or
- The accused must be discharged upon approval of the bail by: information, may, at any subsequent stage of the
o The judge with whom it was filed in accordance with proceedings and whenever a strong showing of guilt
section 17 of this Rule. appears to the court, be required to give bail in the amount
o Whenever bail is filed with a court other than where the fixed, or in lieu thereof, committed to custody.
case is pending, the judge who accepted the bail shall
forward it, together with the order of release and other Remedy of increasing the amount of bail available in case there is
supporting papers, to the court where the case is pending, a probability of escape by the accused (Sy Guan v. Amparo)
 o However, the mere probability that the accused will escape - WHEN BAIL CAN BE CANCELLED:
or even if he had previously escaped does not deprive him - Upon application of the bondsmen, with due notice to the
of the right to bail, if the offense charged is bailable, as a prosecutor, the bail may be cancelled: (SD)
matter of right. The remedy is to increase the amount of o Upon surrender of the accused or
bail without making it excessive. o Proof of his death.
 NOTE: Surrender of the accused must be accepted
Grounds for forfeiture of Bail; Duty of Bondsman (Section 21 of Rule 114)
by the court (People v. Lorredo, 50 Phil. 209)
WHEN IS BAIL FORFEITED; NON APPEARANCE: - AUTOMATIC CANCELLATION OF BAIL:
o When the presence of the accused is required by the court o The bail shall be deemed automatically cancelled: (ADC)
or these Rules, his bondsmen shall be notified to produce  Upon acquittal of the accused,
him before the court on a given date and time. If the  Dismissal of the case, or
accused fails to appear in person as required, his bail shall  Execution of the judgment of conviction.
be declared forfeited.  Bongac v. Sandiganbayan, GR No.s 156687-
DUTY OF THE BONDSMEN IN CASE OF FAILURE TO APPEAR OF THE 88
ACCUSED: - EFFECT OF CANCELLATION OF BAIL
o The bondsmen given thirty (30) days within which to o In all instances, the cancellation shall be without prejudice
produce their principal and to show cause why no judgment to any liability on the bond
should be rendered against them for the amount of their - Effectivity of Liability of Bondsman (People v. valle, 7 SCRA 1025)
bail. Within the said period, the bondsmen must: (PE) o Until the court has ordered the cancellation of the bail, the
 (a) produce the body of their principal or give the liability of the surety remains
reason for his non-production; and o Relate this with Section 21 of Rule 114
 (b) explain why the accused did not appear before
Arrest of Accused Out on Bail (Section 23 of Rule 114)
the court when first required to do so.
LIABILITY OF BONDSMEN FOR FAILURE TO COMPLY WITH THEIR - DUTY OF THE BONDSMAN TO ARREST THE ACCUSED OUT ON BAIL:
OBLIGATIONS: o For the purpose of surrendering the accused, the bondsmen
o Failing in these two requisites, a judgment shall be rendered may:
against the bondsmen, jointly and severally, for the amount  Arrest him or,
of the bail.  Upon written authority endorsed on a certified copy
o RULE ON MITIGATION OF LIABILITY OF BONDSMEN: of the undertaking, cause him to be arrested by a
 The court shall not reduce or otherwise mitigate the police officer or any other person of suitable age
liability of the bondsmen, unless the accused has and discretion.
been surrendered or is acquitted - WHEN ACCUSED MAY BE REARRESTED WITHOUT A WARRANT:
Remedy of Surety: o An accused released on bail may be re-arrested without the
o Appeal from the order directing the execution of the necessity of a warrant if he attempts to depart from the
judgment of forfeiture, not from the writ of execution Philippines without permission of the court where the case
is pending.
Cancellation of Bail/Surrender or Death (Rule 22, Section 114)
 o RATIONALE: The bondsmen or agents do not need to secure  In cities and municipalities to be specified by the
a warrant of arrest from the court to apprehend and deliver Supreme Court, the municipal trial judges or
the accused to the court (People v. Caderao, 7 SCRA 644) municipal circuit trial judges shall conduct monthly
personal inspections of the municipal jails in their
No Bail After Final Judgment; Exceptions (Section 24 of Rule 114)
respective municipalities and submit a report to the
- INSTANCES WHERE BAIL IS NOT ALLOWED: executive judge of the Regional Trial Court having
o No bail shall be allowed: jurisdiction therein.
 After the judgment of conviction has become final.  A monthly report of such visitation shall be
 In no case shall bail be allowed after the accused submitted by the executive judges to the Court
has commenced to serve sentence. Administrator which shall state the total number of
- RULE IF ACCUSED APPLIES FOR PROBATION: detainees, the names of those held for more than
o If before such finality, the accused has applies for probation, thirty (30) days, the duration of detention, the
he may be allowed temporary liberty under his bail. crime charged, the status of the case, the cause for
- RULE IF ACCUSED DID NOT POST BAIL: detention, and other pertinent information.
o When no bail was filed or the accused is incapable of filing Bail not a Bar to Objections On The Issue of Illegal Arrest And Lack of
one, the court may allow his release on recognizance to the Preliminary Investigation (Section 26 of Rule 114)
custody of a responsible member of the community.
- RULE ON POSTING OF BAIL ON THE ISSUE OF ILLEGALITY OF
Supervision of Detainees by The Court (Section 25 of Rule 114) ARREST:
- DUTY OF THE COURT ON THE DETAINEES: o An application for or admission to bail shall not: (VLP)
o The court shall:  Bar the accused from challenging the validity of his
 Exercise supervision over all persons in custody for arrest or,
the purpose of eliminating unnecessary detention.  The legality of the warrant issued therefor, or
 The executive judges of the Regional Trial Courts  From assailing the regularity or questioning the
shall conduct monthly personal inspections of absence of a preliminary investigation of the charge
provincial, city, and municipal jails and their against him,
prisoners within their respective jurisdictions. - WHEN TO RAISE SAID ISSUES:
 They shall ascertain the number of detainees, o Provided that he raises them before entering his plea.
 Inquire on their proper accommodation and health  As ruled in Torralba v. Sandiganbayan (230 SCRA 33)
and examine the condition of the jail facilities. failure to raise this before plea is a deem waiver of
 They shall order the segregation of sexes and of such right to challenge the illegality of the arrest,
minors from adults, the validity of the warrant, or the regularity or
 Ensure the observance of the right of detainees to absence of preliminary investigation
confer privately with counsel, and - WHEN COURT CAN RESOLVE SUCH MATTERS:
 Strive to eliminate conditions inimical to the o The court shall resolve the matter as early as practicable but
detainees. not later than the start of the trial of the case.
Bail to Secure the attendance of Material Witnesses (Section 14 of Rule unable to fully understand the charge against him and to plead
119) intelligently thereto

- When the court is satisfied, upon proof of oath, that a material Prejudical Question defined: (Marbella-Bobis v. Bobis, 336 SCRA 747)
witness will not testify when required, it may, upon motion of either
- A question which arises in a case the resolution of which is a logical
party: (OC)
antecedent of the issue involved in the same case and the
o Order the witness to post bail in such sum as may be
cognizance of which pertains to another tribunal
deemed proper
o Upon refusal to post bail, the court shall commit him to Reason for the principle of prejudicial question: (Te v. Court of Appeals,
prison until he complies or is legally discharged after his 346 SCRA 327)
testimony has been taken.
- The rationale behind the principle of suspending a criminal case in
V. SUSPENSION OF ARRAIGNMENT view of a prejudicial question is to avoid two conflict decisions

Grounds for Suspension for Arraignment: (Section 11 of Rule 116) (in

relation to DOJ Circular 70 and Office Memorandum no. 68 and Sections 6
VI. MOTION FOR A BILL OF PARTICULARS
and 7 of Rule 111 of the Rules of Court)
Bill of particulars defined:
- Upon motion by the proper party, the arraignment shall be
suspended in the following cases: (UPD) - It is a definite statement of a matter which is not stated or declared
o (a) The accused appears to be suffering from an unsound with sufficient definiteness or particularity
mental condition which effective renders him unable to
fully understand the charge against him and to plead Purpose:
intelligently thereto. In such case, the court shall order his - Before responding to a pleading, a party may move for a definite
mental examination and, if necessary, his confinement for statement or for a bill of particulars of any matter which is not
such purpose; averted with sufficient definiteness or particularity to enable him to
o (b) There exists a prejudicial question; and properly plead to prepare is responsive pleading.
o (c) A petition for review of the resolution of the prosecutor
is pending at either the Department of Justice, or the Nature:
Office of the President; provided, that the period of - A motion for a Bill of Particulars is a formal and litigated motion
suspension shall not exceed sixty (60) days counted from which must be in writing and requires notice to the adverse party
the filing of the petition with the reviewing office and hearing.
o action at any time before the prosecution rests.
Bill of Particulars in Criminal Cases (Section 9 of Rule 116)
Unsound mental condition: When determined:
- The accused may, before arraignment, move for a bill of particulars
- At the time of arraignment when accused appears to be suffering to enable him to properly plead and prepare for trial. The motion
from an unsound mental condition which effective renders him shall specify the alleged defects of the complaint or information and
the details desired.
 o NOTE: Sabi ni Dean Tan hindi advisable ang Bill of VII. MOTION TO DISMISS THE CASE BASED ON STRATEGIC LAWSUIT
Particulars sa criminal cases for an ambiguity in the AGAINST PUBLIC PARTICIPATION (SLAPP) UNDER THE RULES ON
complaint or information can lead to an acquittal of the ENVIRONMENTAL CASES
accused.
SLAPP Defined (Section 4 (g) Rule 1, Part 1 of Rules of Environmental
o Sabi niya nga: “Why Clarify an Ambiguity in the complaint or
Cases)
information when such can lead to an acquittal?”
- Strategic lawsuit against public participation (SLAPP) refers to an
Distinguish between Motion for a Bill of Particulars in Civil Cases (Rule 12)
action whether civil, criminal or administrative, brought against any
and Motion for a Bill of Particulars in Criminal Cases (Rule 116)
person, institution or any government agency or local government
BILL OF PARTICULARS IN CIVIL BILL OF PARTICULARS IN CRIMINAL unit or its officials and employees, with the intent to harass, vex,
CASES (RULE 12) CASES (SECTION 9 OF RULE 1160 exert undue pressure or stifle any legal recourse that such person,
Must be filed before the filing of a Must be filed before arraignment institution or government agency has taken or may take in the
responsive pleading or in case of a enforcement of environmental laws, protection of the environment
reply, within 10 days from the or assertion of environmental rights.
receipt thereof
Is directed against a pleading Is directed against a criminal Motion to Dismiss (Section 1 of Rule 19 of Part IV of Rules on
complaint Environmental Cases)
In case of denial of the motion for In case of denial of the motion for
- Upon filing of an information in court and before arraignment, the
the bill of particulars under Rule bill of particulars under Rule 116,
accused may file a motion to dismiss on the ground that the
12, the moving party may file his the accused may proceed with the
responsive pleading within the arraignment and enter his plea, criminal action is a SLAPP
period he is entitled to but in no unless the denial is tainted with Summary Hearing (Section 2 of Rule 19 of Part IV of Rules on
case less than five (5) days, unless grave abuse of discretion, the party Environmental Cases)
the denial is tainted with grave may file a petition for certiorari
abuse of discretion hence, petition - WHEN TO CONDUCT HEARING AND NATURE OF HEARING:
for certiorari o The hearing on the defense of a SLAPP shall be summary in
nature. The parties must submit all the available evidence in
Motion for Bill of particulars prohibited under the Rules on Summary support of their respective positions.
Procedure: (Section 19 of Revised Rules on Summary Procedure) - QUANTUM OF EVIDENCE ON THE PARTY SEEKING DISMISSAL OF
THE ACTION
- The following pleadings, motions, or petitions shall not be allowed o The party seeking the dismissal of the case must prove by
in the cases covered by this Rule: substantial evidence that his acts for the enforcement of
o xxx environmental law is a legitimate action for the protection,
o Motion for a Bill of Particulars preservation and rehabilitation of the environment.
- QUANTOUM OF EVIDENCE OF THE PARTY FILING THE ACTION:
o The party filing the action assailed as a SLAPP shall prove by
preponderance of evidence that the action is not a SLAPP.
 - NOTE: This is an exception to the general rule that in Criminal - WHEN SUBSTITUTION OF COMPLAINT OR INFORMATION IS
Cases the quantum of proof is Proof Beyond Reasonable Doubt PROPER:
(Section 2 of Rule 133 of Rules on Evidence) o If it appears at any time before judgment that a mistake
has been made in charging the proper offense, the court
shall:
Resolution (Section 3 of Rule 19 of Part IV of Rules on Environmental  Dismiss the original complaint or information upon
Cases) the filing of a new one charging the proper offense
in accordance with section 19, Rule 119, provided
- COURSES OF ACTION OF THE COURT:
the accused shall not be placed in double jeopardy.
o The court shall grant the motion if the accused establishes
The court may require the witnesses to give bail for
in the summary hearing that the criminal case has been their appearance at the trial.
filed with intent to harass, vex, exert undue pressure or
stifle any legal recourse that any person, institution or the Amendment defined (Arevalo v. Nepomuceno, 63 Phil. 627)
government has taken or may take in the enforcement of
- Refers to the modification of a complaint or information by the
environmental laws, protection of the environment or
public prosecutor which changes its form or substance.
assertion of environmental rights.
- The power to amend lies with the prosecutor (238 SCRA 645)
o If the court denies the motion, the court shall immediately
proceed with the arraignment of the accused Amendment as to matter of form: Concept (People v. Rivera, L-27825)

- An amendment which neither adversely affects any substantial right

Remedies Before Plea of the accused nor affects and/or alters the nature of the offense
originally charged, nor involves change in the basic theory of the
I. AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR INFORMATION
prosecution so as to require the accused to undergo any material
Amendment or Substitution (Section 14 of Rule 110) change or modification in his defense.

- AMENDMENT; HOW MADE: Substantial Amendment (Almeda v, VIllaluz, GR No. L-31665)

o A complaint or information may be amended, in form or in
- A substantial amendment consists of the recital of facts constituting
substance, without leave of court and when it can be done the offense charged and determinative of the jurisdiction of the
without causing prejudice to the rights of the accused. court
o However, any amendment before plea, which downgrades - All other matters are merely of form.
the nature of the offense charged in or excludes any
accused from the complaint or information, can be made Distinguish Amendment vs. Substitution
only upon motion by the prosecutor, with notice to the
AMENDMENT SUBSTITUTION
offended party and with leave of court.
May either involve formal or Necessarily involves a substantial
- DUTY OF THE COURT RESOLVING THE MOTION: substantial changes change from the original change
o The court shall state its reasons in resolving the motion and If made before plea, can be Must be made with leave of court
copies of its order shall be furnished all parties, especially effected without leave of court as the original information has to
the offended party. be dismissed
 Where amendment is only as to In substitution, another preliminary - is a mode by which an accused assails the validity of a criminal
form, there is no need for another investigation is necessary and the complaint or information filed against him for insufficiency on its in
preliminary investigation and the accused has to plead anew to the point of law, or for defects which are apparent in the face of the
retaking of the plea of the accused new information information (People v. Odtuhan, GR No. 191566)
An amendment of information Substitution requires or
refers to the same offense charged presupposes that the new Nature of a Motion to Quash
in the original information or to an information involves a
- Litigated motion
offense which necessarily includes different/offenses which does not
- Omnibus motion*
or is necessarily included in the include or is not necessarily
original charge, hence substantial included in the original charge, o A motion which attacks a pleading, judgment, orders or
amendments to the information hence the accused cannot claim proceedings and must raise all available grounds for
after the plea has been taken double-jeopardy objection otherwise it is deemed waived.
cannot be made over the objection o Exceptions to the Omnibus motion Rule (DLEJ)
of the accused as he could invoke  When the complaint or information does not charge
double jeopardy. an offense (Section 3(a) Rule 117)
*In relation to the variance doctrine espoused in Section 4 of Rule 120  When the court lacks jurisdiction over the offense
charged (Section 3(b) Rule 117)
Limitations on amendment of information (Gabiona v. Court of Appeals,
 When there is extinction of the offense or penalty
355 SCRA 759): (PABHM)
(Section 3(g) Rule 117)
- It does not deprive the accused of the right to invoke PRESCRIPTION  When there is double jeopardy (Section 3(i) Rule
- it does not AFFECT OR ALTER the nature of the offense originally 117)
charged
*A motion to quash a complaint or information is prohibited motion under
- It does not involve a change in the BASIC THEORY of the
the Rules on Summary Procedure (Section 19 of the Revised Rules on
prosecution so as to require the accused to undergo any material
Summary Procedure) except when it is grounded upon lack of jurisdiction
change or modification of his defense
over the subject matter.
- It does not expose the accused to a charge which would call for a
HIGHER penalty
- It does not cause surprise nor deprive the accused of an opportunity
to MEET the new averment Time to file a Motion to Quash (Section 1 of Rule 117)

- At any time before entering his plea, the accused , may move to
quash the complaint or information
II. MOTION TO QUASH o Exception (People v. Givera, 349 SCRA 513)
Meaning of the word “Quash”  A motion to quash may be made at any time before
arraignment and plea.
- Means to annul, vacate, or overthrow (Wilson v. Commonwealth,
162 S.E. 1(1932)) Forms and Contents of a Motion To Quash (Section 2 of Rule 117)

Motion to Quash Defined FORM AND CONTENTS:

 - The motion to quash shall be: (WSG)  Provincial and City Prosecutors, Section 4 of
o In writing, Rule 112
o Signed by the accused or his counsel and  COMELEC (People v. Inting, 187 SCRA788)
o Shall distinctly specify its factual and legal grounds.  Ombudsman or the deputies in cases
- The court shall consider no ground other than those stated in the involving criminal cases that fall within the
motion, except lack of jurisdiction over the offense charged jurisdiction of the Sandiganbayan (Deloso v.
Domingo, 191 SCRA 545)
*Motion to Quash must be in writing and not oral (Conform with the rules
 A Special counsel appointed by the
of motions in Civil Procedure Rule 15)
Secretary of Justice to assist the City
Grounds For the Quashal of the Complaint or Information (Section 3 of Prosecutor (Nasser v. Perez, 49 SCRA 508)
Rule 117) o e.) That the information does not conform substantially to
the prescribed form
- The accused may move to quash the complaint or information on  Relate to Sections 6-12 of Rule 110 of The Rules on
any of the following grounds: (DOPACMEEP) Criminal Procedure on how the
o a.) That the facts charged do not constitute an offense complaint/information must be made
 To determine whether the facts charged constitute o f.) That more than one offense is charged except when a
an offense is, whether or not the facts so alleged, if single punishment for various offenses is prescribed by law
hypothetically admitted to be true, would  EXCEPTIONS: (Under the Revised Penal Code)
constitute the elements of the offense charged  Article 48: Penalty for Complex Crimes
(People v. Supnad, 7 SCRA 603)
 Article 296: Definition of a Band and penalty
o b.) That the court trying the case has no jurisdiction over
incurred by the members thereof
the offense charged
 Article 297: Attempted and frustrated
 Jurisdiction over the offense charged or subject
robbery committed under certain
matter in the information is determined by law
circumstances;
(Velunta v. Chief Phil. Constabulary, 157 SCRA 147)
 Article 266-A: Rape
 If the court has no jurisdiction it cannot take
 Article 266-B: Penalties
cognizance of the case (US v. De la Santa, 9 Phil 22)
o g.) That the criminal action or liability has been
o c.) That the court trying the case has no jurisdiction over
extinguished
the person of the accused
 How Criminal Liability is extinguished
 The jurisdiction over the person of the accused is
 Amnesty (People v. Vera, 182 SCRA 800)
acquired upon his voluntary surrender (People v.
 Absolute Pardon (Cristobal v. Labrador, 71
Umbrero, 196 SCRA 821)
Phil. 36)
 Or upon his appearance for arraignment (Gimenez
 Pardon (Monsato v. Factoran, 170 SCRA
v. Nazareno, 160 SCRA 4)
190)
o d.) That the person who filed the or information had no
 Death of the Accused (Article 89(1) RPC)
authority to do so
 Officers authorized by law to sign information
 o h.) That it contains averments which, if true, would o When an accused has been convicted or acquitted, or the
constitute a legal excuse or justification case against him dismissed or otherwise terminated without
 Justifying Circumstances under Article 11, his express consent by a court of competent jurisdiction,
paragraph 6 of the Revised Penal Code upon a valid complaint or information or other formal
 Exempting Circumstances under Article 12, charge sufficient in form and substance to sustain a
paragraph 1 of the Revised Penal Code conviction and after the accused had pleaded to the charge,
o i.) That the accused has been previously convicted, or the conviction or acquittal of the accused or the dismissal of
acquitted of the offense charged, or the case against him the case shall be a bar to another prosecution for the
was dismissed or otherwise terminated without his offense charged, or for any attempt to commit the same or
express consent (In relation to Section 7 of Rule 117) frustration thereof, or for any offense which necessarily
 Elements of Double Jeopardy (Ocampo v. Abando, includes or is necessarily included in the offense charged in
GR No. 170830) the former complaint or information.
 A first jeopardy attached - INSTANCES WHERE CONVICTION WILL NOT BAR ANOTHER
o First jeopardy attaches only: PROSECUTION:
Requisites of Double Jeopardy o However, the conviction of the accused shall not be a bar to
(ICAPA) another prosecution for an offense which necessarily
 After a valid Indictment includes the offense charged in the former complaint or
 Before a Competent Court information under any of the following instances: (GAW)
 After Arraignment  (a) the graver offense developed due to
 When a valid Plea has been supervening facts arising from the same act or
entered omission constituting the former charge;
And when the accused has  (b) the facts constituting the graver charge became
been acquitted or known or were discovered only after a plea was
convicted, or the case entered in the former complaint or information; or
dismissed or otherwise  (c) the plea of guilty to the lesser offense was made
terminated without his without the consent of the prosecutor and of the
express consent (Quiambao offended party except as provided in section 1 (f)
v. People, GR No. 185267) of Rule 116.
 It has been validly terminated - In any of the foregoing cases, where the accused satisfies or serves
 A second jeopardy is for the same offense in whole or in part the judgment, he shall be credited with the same
as in the first in the event of conviction for the graver offense

Former Conviction or Acquittal; Double Jeopardy; Exceptions (Section 7 of Instances wherein dismissal of a criminal action results into double
Rule 117) jeopardy:

- GENERAL RULE: - Rule 119 Section 9 of the Rules of Court

o Dismissal in violation of the accused’s right to a speedy trial
- Rule 119 Sections 17 and 18 of the Rules of Court
 o Discharge of one or more accused as a state witness within such further time as the court may allow for good
- Rule 119 Section 23 of the Rules of Court cause, the accused, if in custody, shall be discharged unless
o Grant of a Demurrer of evidence of an accused he is also in custody for another charge.
- Rule 117 Section 3(i) of the Rules of Court - Remedy in case of denial of motion to quash is to proceed with trial
o Grant of a Motion to Quash on the ground that the accused and raise as affirmative defenses the grounds raised in the motion
has been previously convicted or acquitted or the case to quash. In the event that an adverse decision is rendered after on
against him was dismissed or otherwise terminated without the merits, an appeal therefrom should be the next legal step (Yap
his express consent v. IAC, 220 SCRA 245)
- However if the order of the denial of the motion to quash is tainted
Amendment of the Complaint or Information (Section 4 of Rule 117) with grave abuse of discretion, the appropriate remedy is a petition
- WHEN AMENDMENT OF COMPLAINT OR INFORMATION IS for certiorari under Rule 65 of the Rules of Court (Madarang v. Court
ALLOWED IN CASE OF DEFECT (Section 3(e) of Rule 117) of Appeals GR No. 143044, 2005)
o If the motion to quash is based on an alleged defect of the Order Sustaining The Motion To Quash Not A Bar to Another Prosecution;
complaint or information which can be cured by Exception (Section 6 of Rule 117)
amendment, the court shall order that an amendment be
made. - RULE IN CASE THE COURT ISSUED A RULING OF SUSTAINING THE
- WHEN AMENDMENT ALLOWED IF THE FACTS CHARGED DO NOT MOTION TO QUASH:
CONSTITUTE AN OFFENSE (Section 3(a) of Rule 117) o An order sustaining the motion to quash is not a bar to
o If it is based on the ground that the facts charged do not another prosecution for the same offense unless the motion
constitute an offense, the prosecution shall be given by the was based on the grounds specified in section 3 (g) and (i) of
court an opportunity to correct the defect by amendment. this Rule.
The motion shall be granted if the prosecution fails to make - GROUNDS THAT WILL NOT BAR ANOTHER PROSECUTION UNDER
the amendment, or the complaint or information still SECTION 3 OF RULE 117:
suffers from the same defect despite the amendment. o a.) That facts charged in the information do not constitute
o (Pursuant further to the ruling of People v. Odtuhan, GR No. an offense
191566, 2013) o b.) That the court has no jurisdiction over the subject matter
of the offense
Effects of Sustaining a Motion to Quash (Section 5 of Rule 117) o c.) That the court has no jurisdiction over the person of the
EFFECTS OF SUSTAING A MOTION TO QUASH accused
- If the motion to quash is sustained, the court may: o d.) That the person who filed the information had no
o Order that another complaint or information be filed except authority to do the same
as provided in section 6 of this rule. o e.) That the information does not conform substantially
o If the order is made, the accused, if in custody, shall not be with the prescribed form
discharged unless admitted to bail. o f.) That more than one offense is charged except when a
o If no order is made or if having been made, no new single punishment is prescribed to various offenses as
information is filed within the time specified in the order or provided by law
 o i.) That it contains averments, if true, constitute a legal allege the same in said motion, shall be deemed a waiver of
excuse or justification any objections
- REMEDY IS TO REFILE THE COMPLAINT!!! o EXCEPTION:
- GROUNDS THAT WILL BAR ANOTHER PROSECUTION UNDER  except those based on the grounds provided for in
SECTION 3 OF RULE 117 paragraphs (a), (b), (g), and (i) of section 3 of this
o g.) That the criminal action or liability has been extinguished Rule.
o i.) Double jeopardy  a.) That the facts charged in the information
do not constitute an offense
Provisional Dismissal (Section 8, Rule 117)
 b.) That the court has no jurisdiction over
- RULE ON PROVISIONAL DISMISSAL: the subject matter of the offense
o A case shall not be provisionally dismissed except with the  g.) That the criminal action or liability has
express consent of the accused and with notice to the been extinguished
offended party.  i.) That the accused has been previously
- TIME BAR RULE ON PROVISIONAL DISMISSAL convicted, or acquitted, of the offense
o The provisional dismissal of offenses punishable by charged or the case against him was
imprisonment not exceeding six (6) years or a fine of any dismissed or otherwise without his express
amount, or both, shall become permanent one (1) year consent.
after issuance of the order without the case having been
revived. (>6, dismissal becomes permanent 1 year after the
issuance of the order) J. ARRAIGNMENT AND PLEA (RULE 116 OF THE RULES OF COURT)
o With respect to offenses punishable by imprisonment of
Arraignment defined
more than six (6) years, their provisional dismissal shall
become permanent two (2) years after issuance of the order - The formal calling of an accused in open court to answer charges in
without the case having been revived (<6, dismissal the information, as to whether he is guilty or not guilty.
becomes permanent 2 years after the issuance of the
Basis of Arraignment
order)
 IN BOTH CASES THE CASE MUST NOT BE REVIVED - Article III Section 14(2) of the 1987 Constitution on the right of the
OR THE TIME WILL BE TOLLED accused to be informed of the cause and nature of the accusation
against him
Waiver of the Right To Quash; Exceptions (Section 9, Rule 117)
Purpose:
- GENERAL RULE IN CASE OF FAILURE TO QUASH OR RAISE THE
GROUND: - To apprise the accused of the possible loss of freedom depending
o The failure of the accused to assert any ground of a motion on the nature of the crime imputed to him, or at the very least to
to quash before he pleads to the complaint or information, inform him why the prosecuting arm of the State is mobilized
either because he did not file a motion to quash or failed to against him. (Taglay v. Judge Daray, GR No. 164258)

Nature of Arraignment
 - Is a vital stage in criminal proceedings in which the accused are  Its records transmitted to the judge to whom the
formally informed of the charges against them case was raffled within three (3) days from the filing
- It is an integral part of due process. of the information or complaint.
 The accused shall be arraigned within ten (10) days
Arraignment and Plea How Made (Section 1 of Rule 116)
from the date of the raffle.
- HOW ARRAIGNMENT IS MADE:  The pre-trial conference of his case shall be held
o (a) The accused must be arraigned: (FOGW) within ten (10) days after arraignment. (n)
 Before the court where the complaint or - RULE ON THE APPEARANCE OF THE PRIVATE PARTY:
information was filed or assigned for trial. o (f) The private offended party shall be required to appear at
 The arraignment shall be made in open court by the the arraignment for purposes of: (PDO)
judge or clerk by furnishing the accused with a o Plea bargaining,
copy of the complaint or information, reading the o Determination of civil liability, and
same in the language or dialect known to him, and o Other matters requiring his presence.
 Asking him whether he pleads guilty or not guilty. - EFFECT OF FAILURE OF PRIVATE OFFENDED PARTY TO APPEAR:
 The prosecution may call at the trial witnesses o In case of failure of the offended party to appear despite
other than those named in the complaint or due notice, the court may allow the accused to enter a plea
information. of guilty to a lesser offense which is necessarily included in
- PRESENCE OF ACCUSED ON ARRAIGNMENT; RULE the offense charged with the conformity of the trial
o (b) The accused must be present at the arraignment and prosecutor alone.
must personally enter his plea. Both arraignment and plea - WHEN TO CONDUCT ARRAIGNMENT
shall be made of record, but failure to do so shall not affect o (g) Unless a shorter period is provided by special law or
the validity of the proceedings. Supreme Court circular, the arraignment shall be held
- EFFECT OF REFUSAL OF THE ACCUSED TO ENTER A PLEA: within thirty (30) days from the date the court acquires
o (c) When the accused refuses to plead or makes a jurisdiction over the person of the accused. The time of the
conditional plea, a plea of not guilty shall be entered for pendency of a motion to quash or for a bill of particulars or
him. other causes justifying suspension of the arraignment shall
- RULE IF ACCUSED PRESENTS AN EXCULPATORY DEFENSE: be excluded in computing the period.
o (d) When the accused pleads guilty but presents o Effect of Late Arraignment (86 Phil. 576)
exculpatory evidence, his plea shall be deemed withdrawn  Arraignment may still be made after the
and a plea of not guilty shall be entered for him. prosecution has rested its case as long as the
o In case of exculpatory evidence, plea of not guilty will be accused had been given the opportunity to be
entered for him (People v. baetiong, 2 Phil. 126) heard, such arraignment after trial is valid.
- RULE IF ACCUSED IS UNDER PREVENTIVE DETENTION:
Arraignment under Rules on Summary Procedure (Section 13 of the 1991
o (e) When the accused is under preventive detention:
Rules on Summary Procedure)
(RT(10)(10)))
 His case shall be raffled - DUTIES OF THE COURT DURING ARRAIGNMENT:
 o Should the court, upon a consideration of the complaint or o After arraignment but before trial, the accused may still be
information and the affidavits submitted by both parties, allowed to plead guilty to said lesser offense after
find that: withdrawing his plea of not guilty.
 No cause or ground to hold the accused for trial, it - RULE ON AMENDMENT AFTER PLEA TO A LESSER OFFENSE WAS
shall order the dismissal of the case; MADE:
 Otherwise, the court shall set the case for o No amendment of the complaint or information is
arraignment and trial. necessary.
 If the accused is in custody for the crime charged,
Plea defined
he shall be immediately arraigned and if he enters a
plea of guilty, he shall forthwith be sentenced. - The formal answer of the defendant in common law pleading
o It is the legal duty of the accused to plead guilty or not
No such thing as “CONDITIONAL ARRAIGNMENT” (People v. Espinosa, GR
No.s 153714-20, 2003) guilty for it is only after his plea had been entered, that the
issues are joined and trial can begin (US v. Kelly, 35 Phil.
- The Revised Internal Rules of the Sandiganbayan, promulgated by 194)
this Court, do not mention any conditional arraignment. Neither do
the regular Rules of Court. Effect of plea to a lesser offense if without the consent of the prosecutor
- Arraignment is an indispensable requirement of due process. It and offended party (People v. De Luna, 174 SCRA 204)
consists of the judges or the clerk of courts reading of the criminal - The conviction of the accused to a lesser offense is not a bar to
complaint or information to the defendant. At this stage, the another prosecution for an offense which necessarily includes the
accused is granted, for the first time, the opportunity to be officially offense charged in the former information, when the plea is made
informed of the nature and the cause of the accusation. Thus, without the consent of the prosecutor and the offended party.
arraignment cannot be regarded lightly or brushed aside
peremptorily. In relation to Section 27 of Rule 130 of the Rules on Evidence
- Espinosa pleaded simply and unconditionally on April 22, 1999. No - An unaccepted plea of guilty to a lesser offense, is not admissible in
unusual ceremony punctuated his arraignment. The SBN itself found evidence against the accused who made the plea or offer.
this simple process inconsistent with its studied manner of
conditionally arraigning the accused pending reinvestigation in Plea of Guilty to a Capital Offense (Section 3 of Rule 116) (In relation to
other cases Section 6 of Rule 114)

Plea Of Guilty to a Lesser Offense (Section 2 of Rule 116) - DUTY OF THE COURT IF ACCUSED PLEADS GUILTY TO A CAPITAL
OFFENSE
- PLEA GUILTY TO A LESSER OFFENSE HOW AND WHEN MADE: o When the accused pleads guilty to a capital offense, the
o At arraignment, the accused, with the consent of the court shall: (CRA)
offended party and the prosecutor, may be allowed by the  Conduct a searching inquiry into the voluntariness
trial court to plead guilty to a lesser offense which is and full comprehension of the consequences of his
necessarily included in the offense charged. plea, and
- CHANGE OF PLEA OF NOT GUILTY TO A PLEA TO A LESSER
OFFENSE; WHEN ALLOWED:
  Require the prosecution to prove his guilt and the - Plea of guilty may be considered as mitigating circumstance-
precise degree of culpability. when? Decision based on irregular plea may be considered if
 The accused may present evidence in his behalf supported by other evidence
o A plea of guilty may only be considered as mitigating when
Definition of a Capital Offense (Section 6 of Rule 114)
seasonably interjected, that is before the prosecution
o A capital offense is an offense which under the law existing presents its evidence (People v. Dubduban, 310 SCRA 168)
at the time of its commission and of the application for - Relate this with Section 27 of Rule 130 on the Rules of Evidence
admission to bail, may be punished by death o A plea of guilty later withdrawn is not admissible in
o RATIONALE Behind the Rule (People v. Uso et. al. GR No. evidence against the accused who made the plea
172707)
Duty of the Court to Inform Accused of his Right To Counsel (Section 6 of
 Courts must proceed with more care where the
Rule 116) (IN CRIMINAL PROCEEDINGS AND NOT ADMINISTRATIVE
possible punishment is in its severest form, namely
PROCEEDINGS OF PRIVATE PERSONS)
death, for the reason that the execution of such a
sentence is irreversible - DUTIES OF THE JUDGE BEFORE ARRAIGNMENT:
o Before arraignment, the court shall: (IDH)
Plea of Guilty to a Non-Capital Offense (Section 4 of Rule 116)
 Inform the accused of his right to counsel and
- RULE IF ACCUSED PLEADS GUILTY TO A NON CAPITAL OFFENSE:  Ask him if he desires to have one.
o When the accused pleads guilty to a non-capital offense, the  Unless the accused is allowed to defend himself in
court may receive evidence from the parties to determine person or has employed a counsel of his choice, the
the penalty to be imposed. court must assign a counsel de officio to defend
- NOTE: Plea has no effect if it does not constitute a crime (People v. him.
Velasco (89 Phil. 512)
Appointment of Counsel de Officio (Section 7 of Rule 116)
- Factors to be considered by the court in the exercise of discretion
in case of plea of guilty: - WHO MAY BE APPOINTED AS COUNSEL DE OFICIO:
o The gravity of the offense charged and the probability that o The court, considering the gravity of the offense and the
the accused did not understand fully the meaning of his difficulty of the questions that may arise, shall: (BA)
plea and the consequences thereof. (People v. Acosta, 98  Appoint as counsel de oficio only such members of
Phil. 642) the bar in good standing who, by reason of their
experience and ability, can competently defend
Withdrawal of Improvident Plea of Guilty; When Made (Section 5 of Rule
the accused.
116)
 But in localities where such members of the bar are
- RULE ON IMPROVIDENT PLEA LATER WITHDRAWN: not available, the court may appoint any person,
o At any time before the judgment of conviction becomes resident of the province and of good repute for
final, the court may permit an improvident plea of guilty to probity and ability, to defend the accused.
be withdrawn and be substituted by a plea of not guilty - Lawyer appointed by the judge cannot refuse the appointment;
Exception (Ledesma v. Climaco, 57 SCRA 473)
 o The lawyer appointed by the judge as counsel de oficio Distinguish between Motion for a Bill of Particulars in Civil Cases (Rule 12)
cannot decline the appointment except only for serious and and Motion for a Bill of Particulars in Criminal Cases (Rule 116)
sufficient causes.
BILL OF PARTICULARS IN CIVIL BILL OF PARTICULARS IN CRIMINAL
- Duration of the right of the accused to be represented by Counsel
CASES (RULE 12) CASES (SECTION 9 OF RULE 1160
de Oficio (People v. Rio, 201 SCRA 702)
Must be filed before the filing of a Must be filed before arraignment
o The right of an accused to a counsel de oficio does not responsive pleading or in case of a
cease upon his conviction by the trial court. The court’s duty reply, within 10 days from the
to appoint a counsel de oficio subsists where the accused receipt thereof
intends or desires to appeal from the judgment of Is directed against a pleading Is directed against a criminal
conviction. complaint
In case of denial of the motion for In case of denial of the motion for
Preparation For Arraignment of Counsel de Oficio (Section 8 of Rule 116)
the bill of particulars under Rule bill of particulars under Rule 116,
- PRIVILEGE OF COUNSEL DE OFICIO: 12, the moving party may file his the accused may proceed with the
o Whenever a counsel de oficio is appointed by the court to responsive pleading within the arraignment and enter his plea,
period he is entitled to but in no unless the denial is tainted with
defend the accused at the arraignment, he shall be given a
case less than five (5) days, unless grave abuse of discretion, the party
reasonable time to consult with the accused as to his plea
the denial is tainted with grave may file a petition for certiorari
before proceeding with the arraignment.
abuse of discretion hence, petition
Bill of Particulars (Section 9 of Rule 116) for certiorari

- The accused may, before arraignment, move for a bill of particulars

to enable him to properly plead and prepare for trial. The motion Production and Inspection of Evidence of Prosecution (Section 10 of Rule
shall specify the alleged defects of the complaint or information and 116)
the details desired. - RULE ON THE PRODUCTION AND INSPECTION OF PROSECUTION’S
o NOTE: Sabi ni Dean Tan hindi advisable ang Bill of EVIDENCE:
Particulars sa criminal cases for an ambiguity in the o Upon motion of the accused showing good cause and with
complaint or information can lead to an acquittal of the notice to the parties, the court, in order to prevent surprise,
accused. suppression, or alteration, may:
o Sabi niya nga: “Why Clarify an Ambiguity in the complaint or  Order the prosecution to produce and permit the
information when such can lead to an acquittal?” inspection and copying or photographing of any
Bill of particulars defined: written statement given by the complainant and
other witnesses in any investigation of the offense
- It is a definite statement of a matter which is not stated or declared conducted by the prosecution or other investigating
with sufficient definiteness or particularity officers,
- An application or more particular specification of the matters set  As well as any designated documents, papers,
forth in the pleading (De Jesus v. CFI, SP-05380, 1997) books, accounts, letters, photographs, objects or
tangible things not otherwise privileged, which
 constitute or contain evidence material to any - The rationale behind the principle of suspending a criminal case in
matter involved in the case and which are in the view of a prejudicial question is to avoid two conflict decisions
possession or under the control of the prosecution,
police, or other law investigating agencies
K. PRE-TRIAL(RULE 118 OF THE RULES ON CRIMINAL PROCEDURE)
Grounds for Suspension for Arraignment: (Section 11 of Rule 116) (in
relation to DOJ Circular 70 and Office Memorandum no. 68 and Sections 6 Pre-trial Conference defined
and 7 of Rule 111 of the Rules of Court)
- is a procedural device used prior to trial to narrow issues to be tried,
- Upon motion by the proper party, the arraignment shall be to secure stipulations as to matters and evidence to be heard, and
suspended in the following cases: (UPD) to take all other steps necessary to aid in the disposition of the case.
o (a) The accused appears to be suffering from an unsound
Distinguish Pre-Trial in Civil Cases v. Pre-Trial in Criminal Cases
mental condition which effective renders him unable to
fully understand the charge against him and to plead PRE-TRIAL IN CIVIL CASES (RULE PRE-TRIAL IN CRIMINAL CASES
intelligently thereto. In such case, the court shall order his 18) (RULE 118)
mental examination and, if necessary, his confinement for Is set when the plaintiff moves ex Is ordered by the court and no
such purpose; parte to set the case for pre-trial motion to set the case for pre-trial
o (b) There exists a prejudicial question; and is required from either the
o (c) A petition for review of the resolution of the prosecutor prosecution or the defense
is pending at either the Department of Justice, or the Motion to set the case for pre-trial The pre-trial is ordered by the
Office of the President; provided, that the period of is made after the last pleading has court after arraignment and within
been served and filed or the period 30 days from the date the court has
suspension shall not exceed sixty (60) days counted from
to file the same has already lapsed acquired jurisdiction over the
the filing of the petition with the reviewing office
person of the accused
action at any time before the prosecution rests.
Considers the possibility of an Does not include the possibility of
Unsound mental condition: When determined: amicable settlement as an an amicable settlement of criminal
important objective of this liability as one of its purposes
- At the time of arraignment when accused appears to be suffering proceedings
from an unsound mental condition which effective renders him Agreements and admissions made All agreements or admission made
unable to fully understand the charge against him and to plead in pre-trial are not required to be or entered into during the pre-trial
intelligently thereto signed by the parties and their conference shall be reduced in
counsels. They are to be contained writing and signed by the accused
Prejudical Question defined: (Marbella-Bobis v. Bobis, 336 SCRA 747) in the record of pre-trial and the and counsel; otherwise they cannot
pre-trial order. be used against the accused
- A question which arises in a case the resolution of which is a logical
Sanction for non-appearance in a Sanctions for non-appearance in a
antecedent of the issue involved in the same case and the
pre-trial conference are imposed pre-trial conference are imposed
cognizance of which pertains to another tribunal
upon the plaintiff or the defendant upon the counsel for the accused
Reason for the principle of prejudicial question: (Te v. Court of Appeals, or the prosecutor
346 SCRA 327) Filing of a pre-trial brief is required Filing of a pretrial brief is not
 required Criminal cases which are mediatiable under the court annexed mediation:

- Civil aspect or claim for damages for violation of BP22

Pre-trial Mandatory in Criminal Cases (Section 1 of Rule 118) - Simple theft
- Libel
- WHEN TO CONDUCT PRE-TRIAL CONFERENCE IN CRIMINAL CASES:
- Estafa
o In all criminal cases cognizable by the Sandiganbayan,
Regional Trial Court, Metropolitan Trial Court, Municipal Offenses not mediatiable:
Trial Court in Cities, Municipal Trial Court and Municipal
- Acts of violence against women and their children (RA 9262)
Circuit Trial Court, the court shall after arraignment and
- Criminal violation of Tax laws
within thirty (30) days from the date the court acquires
- Civil forfeiture under RA 9160 (Anti money laundering act)
jurisdiction over the person of the accused, unless a shorter
- Civil Status of Persons
period is provided for in special laws or circulars of the
- Validity of Marriage
Supreme Court, order a pre-trial conference.
- Legal separation
- PURPOSE OF PRE TRIAL CONFERENCE:
- Ground for Legal Separaiton
o The court conducting the pre-trial conference to consider
- Future support
the following:
- Legitime
 (a) plea bargaining;
- Jurisdiction
 (b) stipulation of facts;
 (c) marking for identification of evidence of the Pre-Trial Agreement (Section 2 of Rule 118)
parties;
- REQUIREMENTS FOR THE VALIDITY OF AGREEMENTS OR
 (d) waiver of objections to admissibility of evidence;
ADMISSIONS:
 (e) modification of the order of trial if the accused
o All agreements or admissions made or entered during the
admits the charge but interposes a lawful defense;
pre-trial conference shall be: (RSI)
and
 Reduced in writing and
 (f) such other matters as will promote a fair and
 Signed by the accused and counsel, otherwise, they
expeditious trial of the criminal and civil aspects of
cannot be used against the accused.
the case. (secs. 2 and 3, cir. 38-98)
 (See Fule v. CA, 162 SCRA 446)
Plea Bargaining defined  The agreements covering the matters referred to in
section 1 of this Rule shall be approved by the
- The process whereby the accused and the prosecutor in a criminal
court.
case work out a mutually satisfactory disposition of the case subject
to court approval. (Blacks Law Dictionary) Effects of Non-Appearance During Pre-Trial (Section 3 of Rule 118)
- Ordinarily, plea bargaining is made during the pre-trial stage of the
proceedings, but it may also be made during the trial proper and - SANCTIONS FOR NON-APPEARANCE DURING PRE-TRIAL:
even after the prosecution has finished presenting its evidence and o If the counsel for the accused or the prosecutor does not
rested its case. appear at the pre-trial conference and does not offer an
 acceptable excuse for his lack of cooperation, the court may 
those allowed by law to be compromised:
impose proper sanctions or penalties.  Section 284 of National Internal Revenue
Code (Offer of Compromise on internal
Pre-trial Order (Section 4 of Rule 118)
revenue taxes)
- CONTENTS OF A PRE-TRIAL ORDER:  Offer of marriage in case of rape
o After the pre-trial conference, the court shall issue an order:  Criminal negligence cases under Article 365
(RTE) of the Revised Penal Code
 Reciting the actions taken, - RULE ON A PLEA OF GUILTY LATER WITHDRAWN:
 The facts stipulated, and o A plea of guilty later withdrawn, or an unaccepted offer of a
 Evidence marked. plea of guilty to lesser offense, is not admissible in evidence
- EFFECTS OF SUCH PRE-TRIAL ORDER against the accused who made the plea or offer.
o Such order shall: (BLC) - GOOD SAMARITAN RULE:
 Bind the parties, o An offer to pay or the payment of medical, hospital or other
 Limit the trial to matters not disposed of, and – expenses occasioned by an injury is not admissible in
 Control the course of the action during the trial, evidence as proof of civil or criminal liability for the injury.
unless modified by the court to prevent manifest
Guidelines in conducting trial and pre-trial under the mandatory
injustice.
continuous trial system
Offer of Compromise In Criminal Cases (Section 27 of Rule 130 in relation
- The private offended party shall be required to appear at the
to Pre-Trial RULE 118)
arraignment for the purpose of plea-bargaining, determination of
Offer of Compromise defined civil liability or other matter requiring his presence
- Where the accused and counsel agree to pre-trial, the parties shall
- an offer to settle a dispute or difference amicably for the purpose of
proceed in accordance with Rule 118
avoiding a lawsuit and without admitting liability (Black’s Law
- If the accused does not agree to a pre-trial, the court shall fix the
Dictionary)
trial dates for the presentation of evidence by the parties. The trial
fiscal, the accused, and counsel shall affix their signatures in the
- RULE ON OFFER OF COMPROMISE IN CIVIL CASES:
minutes to signify their availability on the scheduled dates for
o In civil cases, an offer of compromise is not an admission of
reception of evidence.
any liability, and is not admissible in evidence against the
offeror.
- RULE ON OFFER OF COMPROMISE IN CRIMINAL CASES:
L. TRIAL (RULE 119)
o In criminal cases,an offer of compromised by the accused
may be received in evidence as an implied admission of Trial Defined (Acosta v. People, 5 SCRA 774)
guilt.
- A judicial process of investigating and determining the legal
o Except:
controversies, starting with the production of evidence by the
 those involving quasi-offenses (criminal negligence)
plaintiff and ending with his closing arguments
or
Nature of Trial - Trial is necessary if there are legal and factual issues involved in the
case which requires presentation of evidence and witnesses.
- Adversarial in character which requires the presentation of evidence
and examination of witnesses before the court When trial is no longer necessary:

Right to Speedy Disposition of Cases (Article III Section 16 of 1987 - When the accused pleads guilty to the offense during arraignment
Constitution) under Rule 116 (Arraignment and Plea)
- Plea bargaining during arraignment or pre-trial conference (Rule
- All persons shall have the right to a speedy disposition of cases
116, Section 2 and Rule 118, Sections 1-4)
before:
- When the motion to quash is grounded on the ground of double
o All judicial
jeopardy or prescription of action or liability is granted. (Rule 117
o Quasi-judicial
Sections 3(g) and 3(i))
o or Administrative bodies - When there is provisional dismissal (Rule 117, Section 8)
- Factors to determine delay (Infringement of the right of speedy - When there is failure of the prosecution to bright the accused to
disposition of cases) trial within the time prescribed under the rules (Rule 119, Section 9)
o Duration of the Delay - When the case was dismissed die to the grant of the motion for
o Reason of the Delay judicial determination of probable cause*
o Assertion or failure to assert the right o already a prohibited motion under the continuous trial rule.
o Prejudice caused by the delay (Mari v. Gonzales GR. No.
187728) Kinds of Trial

- Trial on the merits

SPEEDY TRIAL (Section 14) SPEEDY DISPOSITION OF CASES o Trial of substantive issues in a case
(Section 16) - Inverted trial
o Section 11(e) of Rule 119 defines inverted trial as:
Is a Statutory Right and a Is a Constitutional Right and  When the accused admits the act or omission
Criminal law concept applicable to all cases charged in the complaint or information but
interposes a lawful defense, the order of trial may
Available only to the accused Applicable to all proceedings and be modified.
extends to all persons - Trial in absentia
o a kind of trial conducted after the accused has been
arraigned and he was duly notified of the trial and his failure
Trial vis-à-vis Hearing
to appear thereat is unjustified
- Hearing is more broader in scope as it includes pre-trial conference, - Consented Trial in absentia
hearing on the motion, and trial; while trial is limited only to the o Trial in absentia allows the accused to be absent at the trial
presentation of evidence and witnesses before the court. but not at certain states of the proceedings:
 at arraignment and plea whether of innocence of or
Necessity of Trial to Secure a Judgment: General Rule guilt (Rule 116)
  during trial whenever necessary for identification o a trial conducted by a disinterested judge without favoring
purposes (Rule 119) any party
 at the promulgation of judgment (Rule 120)
Time to Prepare for Trial (Section 1 of Rule 119)
- New Trial/Trial de novo
o a complete retrial of the case after judgment has been - After a plea of not guilty is entered, the accused shall have at least
rendered based on the grounds specified under Section 1 of fifteen (15) days to prepare for trial. The trial shall commence within
Rule 37 thirty (30) days from receipt of the pre-trial order.
- Public trial
o A trial held in public, in the presence of the public, or in a Continuous Trial Rule (Section 2 of Rule 119)
place accessible and open to the attendance of the public at - Trial once commenced shall continue from day to day as far as
large practicable until terminated. It may be postponed for a reasonable
- Speedy trial period of time for good cause.
o A trial conducted according to the law of criminal procedure - The court shall, after consultation with the prosecutor and defense
and the rules and regulations free from vexatious and counsel, set the case for continuous trial on a weekly or other short-
capricious delays. term trial calendar at the earliest possible time so as to ensure
- Joint and Consolidated trial speedy trial. In no case shall the entire trial period exceed one
o When actions involving a common question of law or fact hundred eighty (180) days from the first day of trial, except as
are pending before the court, it may order a joint hearing or otherwise authorized by the Supreme Court.
trial of any or all the matters in issue in the actions; it may - The time limitations provided under this section and the preceding
order all the actions consolidated, and it may make such section shall not apply where special laws or circulars of the
orders concerning proceedings therein as may tend to avoid Supreme Court provide for a shorter period of trial
unnecessary costs or delay.
- Separate Trial Rule on the Mandatory Continuous Trial system (Court Adm Circular 3-90
o The court, in furtherance of convenience or to avoid in relation to Adm Circ no. 4)
prejudice, may order a separate trial of any claim, cross- - WHAT IS THE RULE?
claim, counterclaim, or third-party complaint, or of any o Trial courts should, after arraignment, fix the specific dates
separate issue or of any number of claims, cross-claims, needed to complete the presentation of evidence by all
counterclaims, third-party complaints or issues parties, All cases should tried continuously, without
- Trial by Commissioner unnecessary postponements, until they are all finally
o By written consent of both parties, the court may order any decided.
or all of the issues in a case to be referred to a - PERIOD FOR CONTINUOUS TRIAL:
commissioner to be agreed upon by the parties or to be o The entire trial period should not exceed 3 months from the
appointed by the court. As used in these Rules, the word first day of trial.
"commissioner" includes a referee, an auditor and an  Exception:
examiner.
- Impartial Trial
  Unless otherwise authorized by the Chief  He shall be considered unavailable whenever his
Justice pursuant to Section 2 of Rule 30 of whereabouts are known but his presence for trial
the Rules on Civil Procedure. cannot be obtained by due diligence.
o (c) Any period of delay resulting from the mental
Excluded Delays (Section 3 of Rule 119)
incompetence or physical inability of the accused to stand
EXCLUDED DELAYS IN TRIAL: trial.
- The following periods of delay shall be excluded in computing the o (d) If the information is dismissed upon motion of the
time within which trial must commence: prosecution and thereafter a charge is filed against the
o (a) Any period of delay resulting from other proceedings accused for the same offense, any period of delay from the
concerning the accused, including but not limited to the date the charge was dismissed to the date the time
following: (EORPIPA) limitation would commence to run as to the subsequent
 (1) Delay resulting from an examination of the charge had there been no previous charge.
physical and mental condition of the accused; o (e) A reasonable period of delay when the accused is joined
 (2) Delay resulting from proceedings with respect to for trial with a co-accused over whom the court has not
other criminal charges against the accused; acquired jurisdiction, or, as to whom the time for trial has
 (3) Delay resulting from extraordinary remedies not run and no motion for separate trial has been granted.
against interlocutory orders; o (f) Any period of delay resulting from a continuance granted
 (4) Delay resulting from pre-trial proceedings; by any court motu proprio, or on motion of either the
provided, that the delay does not exceed thirty (30) accused or his counsel, or the prosecution, if the court
days; granted the continuance on the basis of its findings set forth
 (5) Delay resulting from orders of inhibition, or in the order that the ends of justice served by taking such
proceedings relating to change of venue of cases or action outweigh the best interest of the public and the
transfer from other courts; accused in a speedy trial
 (6) Delay resulting from a finding of the existence of
Factors granting Continuance (Section 4 of Rule 119)
a prejudicial question; and
 (7) Delay reasonably attributable to any period, not FACTORS GRANTING CONTINUANCE OF TRIAL:
exceed thirty (30) days, during which any - The following factors, among others, shall be considered by a court
proceeding which any proceeding concerning the in determining whether to grant a continuance under section 3(f) of
accused is actually under advisement. this Rule.: (INC)
o (b) Any period of delay resulting from the absence or o (a) Whether or not the failure to grant a continuance in the
unavailability of an essential witness. proceeding would likely make a continuation of such
 For purposes of this subparagraph, an essential proceeding impossible or result in a miscarriage of justice;
witness shall be considered absent: (UDK) and
 when his whereabouts are unknown or o (b) Whether or not the case taken as a whole is so novel,
 his whereabouts cannot be determined by unusual and complex, due to the number of accused or the
due diligence. nature of the prosecution, or that it is unreasonable to
 expect adequate preparation within the periods of time o If the public attorney assigned to defend a person charged
established therein. with a crime knows that the latter is preventively detained,
o In addition, no continuance under section 3(f) of this Rule either because he is charged with a bailable crime but has
shall be granted because of congestion of the court's no means to post bail, or, is charged with a non-bailable
calendar or lack of diligent preparation or failure to obtain crime, or, is serving a term of imprisonment in any penal
available witnesses on the part of the prosecutor. institution, it shall be his duty to do the following: (NCPR)
 (a) Shall promptly undertake to obtain the presence
Period of Trial based on New Trial (Section 5 of Rule 119)
of the prisoner for trial or cause a notice to be
- WHEN TO TERMINATE TRIAL BASED ON ORDER OF NEW TRIAL: served on the person having custody of the
o If the accused is to be tried again pursuant to an order for a prisoner requiring such person to so advise the
new trial, the trial shall commence: prisoner of his right to demand trial.
 Within thirty (30) days from notice of the order, o (b) Upon receipt of that notice, the custodian of the
 If the period becomes impractical due to prisoner shall promptly advise the prisoner of the charge
unavailability of witnesses and other factors, the and of his right to demand trial. If at anytime thereafter the
court may extend it but not to exceed one hundred prisoner informs his custodian that he demands such trial,
eighty (180) days from notice of said order for a the latter shall cause notice to that effect to sent promptly
new trial. to the public attorney.
 For the second 12-month period, the time limit shall o (c) Upon receipt of such notice, the public attorney shall
be 180 days from the notice of said order for new promptly seek to obtain the presence of the prisoner for
trial trial.
o (d) When the custodian of the prisoner receives from the
Extended Time Limit (Section 6 of Rule 119)
public attorney a properly supported request for the
- RULE ON EXTENDED LIMIT OF TRIAL: availability of the prisoner for purposes of trial, the
o Notwithstanding the provisions of section 1(g), Rule 116 and prisoner shall be made available accordingly.
the preceding section 1, for the first twelve-calendar-month Sanctions for Delays (Section 8 of Rule 118)
period following its effectivity on September 15, 1998, the
time limit with respect to the period from arraignment to SANCTIONS IN CASE OF DELAY:
trial imposed by said provision shall be: - In any case in which private counsel for the accused, the public
 One hundred eighty (180) days. attorney, or the prosecutor: (NDFT)
 For the second twelve-month period, the limit shall o (a) Knowingly allows the case to be set for trial without
be one hundred twenty (120) days, and disclosing that a necessary witness would be unavailable for
 For the third twelve-month period, the time limit trial;
shall be eighty (80) days. o (b) Files a motion solely for delay which he knows is totally
frivolous and without merit;
Duties of Public Attorney if Accused Is Imprisoned. (Section 7 of Rule 119)

- DUTIES OF PUBLIC ATTORNEY IF ACCUSED IS IMPRISONED:

 o (c) Makes a statement for the purpose of obtaining o The accused shall have the burden of proving the motion
continuance which he knows to be false and which is but
material to the granting of a continuance; or o The prosecution shall have the burden of going forward
o (d) Willfully fails to proceed to trial without justification with the evidence to establish the exclusion of time under
consistent with the provisions hereof, the court may punish section 3 of this rule.
such counsel, attorney, or prosecution, as follows: - EFFECT OF DISMISSAL UNDER THIS RULE:
 (1) By imposing on a counsel privately retained in o The dismissal shall be subject to the rules on double
connection with the defense of an accused, a fine jeopardy.
not exceeding twenty thousand pesos (P20,000.00); o This is also known as DISMISSAL IN VIOLATION OF THE
 (2) By imposing on any appointed counsel de oficio, ACCUSED’S RIGHT TO SPEEDY TRIAL (Conrada v. People,
public attorney, or prosecutor a fine not exceeding 398 SCRA 482)
five thousand pesos (P5,000.00); and - EFFECT OF FAILURE TO MOVE FOR DISMISSAL
 (3) By denying any defense counsel or prosecutor o Failure of the accused to move for dismissal prior to trial
the right to practice before the court trying the case shall constitute a waiver of the right to dismiss under this
for a period not exceeding thirty (30) days. The section.
punishment provided for by this section shall be
without prejudice to any appropriate criminal Law on Speedy Trial Not A Bar to The Provision of the Constitution
action or other sanction authorized under these (Section 10 of Rule 119)
rules. - RULE BETWEEN LAW ON SPEEDY TRIAL UNDER THE LAW AND THE
Remedy In Case Accused Is Not Brought to Trial Within The Time Limit CONSTITUTION:
(Section 9, Rule 119) o No provision of law on speedy trial and no rule
implementing the same shall be interpreted as a bar to any
- REMEDY IF ACCUSED WAS NOT BROGHT TO TRIAL WITHIN THE charge of denial of the right to speedy trial guaranteed by
TIME LIMIT: section 14(2), article III, of the 1987 Constitution.
o If the accused is not brought to trial within the time limit - Factors to determine delay:
required by Section 1(g), Rule 116 and Section 1, as o Duration of the Delay
extended by Section 6 of this rule, the information may be o Reason of the Delay
dismissed on motion of the accused on the ground of denial o Assertion or failure to assert the right
of his right of speedy trial. o Prejudice caused by the delay (Mari v. Gonzales GR. No.
 Period within the accused must be brought to 187728)
trial? (Section 1(g) of Rule 116)
 Unless a shorter period is provided by Speedy Trial v. Speedy Disposition of Cases
special law or Supreme Court circular, the
arraignment shall be held within thirty (30) SPEEDY TRIAL (Section 14) SPEEDY DISPOSITION OF CASES
days from the date the court acquires (Section 16)
jurisdiction over the person of the accused
- BURDEN OF PROOF: WHO HAS IT?
 Is a Statutory Right and a Is a Constitutional Right and - Evidence to explain or disprove evidence offered by the opposing
Criminal law concept applicable to all cases side
o Admission of Rebuttal evidence, discretionary with the
Available only to the accused Applicable to all proceedings and court. (People v. Francisco, 78 Phil. 694)
extends to all persons
Sur-Rebuttal Evidence defined:

*Right to Speedy Trial available during reinvestigation (Abardo v. - Evidence offered by a defendant to attack the rebuttal evidence
Sandiganbayan) Memorandum defined:
Order of Trial (Section 11 of Rule 119) - It is an instrument embodying the statements and arguments of
- ORDER OF TRIAL IN CRIMINAL CASES: counsel in support of his client’s cause (Cabiling v. Cabiling, 39541-
o The trial shall proceed in the following order: R, 1973)
 (a) The prosecution shall present evidence to prove Application For Examination of Witness For Accused Before Trial
the charge and, in the proper case, the civil liability. (Section 12 of Rule 119)
 (b) The accused may present evidence to prove his
defense, and damages, if any, arising from the - WHEN WITNESS FOR THE ACCUSED BE EXAMINED FOR TRIAL:
issuance of a provisional remedy in the case. o When the accused has been held to answer for an offense,
 (c) The prosecution and the defense may, in that he may, upon motion with notice to the other parties, have
order, present rebuttal and sur-rebuttal evidence witnesses conditionally examined in his behalf. The motion
unless the court, in furtherance of justice, permits shall state: (NSI
them to present additional evidence bearing upon  (a) the name and residence of the witness;
the main issue.  (b) the substance of his testimony; and
 (d) Upon admission of the evidence of the parties,  (c) that the witness is sick or infirm as to afford
the case shall be deemed submitted for decision reasonable ground for believing that he will not be
unless the court directs them to argue orally or to able to attend the trial, or resides more than one
submit written memoranda. hundred (100) kilometers from the place of trial and
 (e) When the accused admits the act or omission has no means to attend the same, or
charged in the complaint or information but  that other similar circumstances exist that would
interposes a lawful defense, the order of trial may make him unavailable or prevent him from
be modified (INVERTED TRIAL) attending the trial. The motion shall be supported
 Inverted trial is merely permissive as this by an affidavit of the accused and such other
can be seen with the use of the word “may” evidence as the court may require.
(People v. SPO1 Gutierrez Jr. GR No. Examination of Defense Witness (Section 13 of Rule 119)
116281)
- EXAMINATION OF DEFENSE WITNESS; HOW MADE:
Rebuttal Evidence defined:
 o If the court is satisfied that the examination of a witness for  A witness for the prosecution is too sick or infirm to
the accused is necessary, an order will be made directing appear at the trial as directed by the order of the
that the witness be examined at a specified date, time and court, or
place and that a copy of the order be served on the  Has to leave the Philippines with no definite date of
prosecutor at least three (3) days before the scheduled returning, he may forthwith be conditionally
examination. examined before the court where the case is
- EXAMINATION; BEFORE WHOM IT IS TAKEN: pending.
o The examination shall be taken before: (JBI) - REQUIREMENTS FOR THE EXAMINATION OF THE PROSECUTION
 A judge, or, WITNESS:
 If not practicable, a member of the Bar in good o Such examination shall be done: (PN)
standing so designated by the judge in the order, or  In the presence of the accused, or
 If the order be made by a court of superior  In his absence after reasonable notice to attend the
jurisdiction, before an inferior court to be examination has been served on him, shall be
designated therein. conducted in the same manner as an examination
- RULE OF PROSECUTOR IS ABSENT DURING EXAMINATION: at the trial.
o The examination shall proceed notwithstanding the absence - EFFECT OF FAILURE TO APPEAR DURING EXAMINATION:
of the prosecutor provided he was duly notified of the o Failure or refusal of the accused to attend the examination
hearing. A written record of the testimony shall be taken. after notice shall be considered a waiver. The statement
 Examination of witness in open court; Conditional taken may be admitted in behalf of or against the accused.
examination or use of deposition allowed by the - Conditional examination of the witness in criminal proceedings is
Rules of Court (Ngo v. People GR No. 185527) allowed, but Rule 23 on Depositions (Civil Procedure) is no longer
allowed
Bail to Secure the Appearance of Material Witness (Section 14 of Rule 119)
o The Court ruled in Vda de Manguerra that criminal
- When the court is satisfied, upon proof of oath, that a material proceedings are primarily governed by the Rules on Criminal
witness will not testify when required, it may, upon motion of either procedure (Ngo v. People supra)
party: (OC)
o Order the witness to post bail in such sum as may be Trial of Several Accused (Section 16 of Rule 119)
deemed proper
- When two or more accused are jointly charged with any offense,
o Upon refusal to post bail, the court shall commit him to
they shall be tried jointly unless the court, in its discretion and upon
prison until he complies or is legally discharged after his
motion of the prosecutor or any accused, orders separate trial for
testimony has been taken.
one or more accused.
Examination of the Witness for the Prosecution (Section 15 of Rule 119)
Discharge of the Accused as a State Witness (Section 17 of Rule 119)
- EXAMINATION OF THE WITNESS FOR THE PROSECUTION; WHEN
CONDUCTED: - GROUNDS FOR A DISCHARGE OF THE ACCUSED AS A STATE
o When it satisfactorily appears that: (SL) WITNESS UNDER THE RULES OF COURT:
 o When two or more persons are jointly charged with the offended party and with leave of court in compliance with
commission of any offense, upon motion of the prosecution Section 14 of Rule 110 on Amendment/Substitution.
before resting its case, the court may direct one or more of (Soberano v. People, GR No. 154629)
the accused to be discharged with their consent so that
Distinguish Section 17 of Rule 119 and RA 6981
they may be witnesses for the state when, after requiring
the prosecution to present evidence and the sworn Section 17 of Rule 119 Republic Act 6981
statement of each proposed state witness at a hearing in Immunity is granted by the Court Immunity is granted by the DOJ
support of the discharge, the court is satisfied that: No qualification of the offenses Offenses involved are grave
(ANSMM) involved offenses
 (a) There is absolute necessity for the testimony of Contemplates a situation where Contemplates a situation wherein
the accused whose discharge is requested; the information has been filed and the accused has not yet been
 Absolute Necessity defined: exists when the the accused had been arraigned arraigned and the case is not
accused alone has knowledge of the crime and the case is undergoing trial undergoing trial
(Jimenez v. People, GR no. 209195) Judicial in character Executive in Character
- More than 1 accused can be discharged (People v. Baesa, 104 Phil.
 (b) The is no other direct evidence available for the
136)
proper prosecution of the offense committed,
o Rationale:
except the testimony of said accused;
 (c) The testimony of said accused can be  Where no other prosecution witness could
substantially corroborated in its material points; substantially corroborate the testimony of the
 (d) Said accused does not appear to be the most discharged witness, two are discharged to meet the
guilty; and requirement of substantial corroboration (People v.
 (e) Said accused has not at any time been convicted Peralta, 343 SCRA 221)
of any offense involving moral turpitude. o Purpose of discharging more than 1 accused
- NATURE OF EVIDENCE PRESENTED DURING THE APPLICATION:  To curtail miscarriage of justice (People v. Ibanez,
o Evidence adduced in support of the discharge shall 92 Phil 933)
automatically form part of the trial. If the court denies the Discharge of the Accused operates as an Acquittal (Section 18 of Rule 119)
motion for discharge of the accused as state witness, his
sworn statement shall be inadmissible in evidence - EFFECT OF THE DISCHARGE OF THE ACCUSED:
- This rule however does not apply in conspiracies (EXAM o The order indicated in the preceding section shall amount
QUESTION) to an acquittal of the discharged accused and shall be a
o Discharge is not proper in case accused is a co-conspirator bar to future prosecution for the same offense, unless: (FR)
(People v. Ramirez, 169 SCRA 711)  The accused fails testify or
- Section 17: Amendment of the information in relation to discharge  Refuses to testify against his co-accused in
of the witness; Requirements; Discharge an executive function; accordance with his sworn statement constituting
o An amendment of the information made before plea which the basis for the discharge
excludes some or one of the accused must be made only
upon motion by the prosecution, with the notice to the
When mistake Has Been made in Charging the Proper Offense (Section 19 - WHEN CONSOLIDATION OF TRIALS PROPER:
of Rule 119) o Charges for offenses founded on the same facts or forming
part of a series of offenses of similar character may be tried
- EFFECT OF MISTAKE IN CHARGING THE PROPER OFFENSE:
jointly at the discretion of the court.
o When it becomes manifest at any time before judgment
- Joint Trial, when allowed (Neri v. Sandiganbayan, GR No. 202243)
that a mistake has been made in charging the proper
o Where the actions arise from the same act, event, or
offense and the accused cannot be convicted of the offense
transaction, involve the same or like issues, and depend
charged or any other offense necessarily included therein:
largely or substantially on the same evidence provided, that
 The accused shall not be discharged if there appears
the court has jurisdiction over the cases to be consolidated
good cause to detain him.
and that a joint trial will not give one party an undue
 In such case, the court shall commit the accused to
advantage or prejudice the substantial rights of the parties.
answer for the proper offense and dismiss the
- Joint Trial; When Automatic; Exception: (People v. Navarro, 63
original case upon the filing of the proper
SCRA 264)
information.
o However, when 2 or more defendants are jointly charged
with an offense joint trial as a rule is automatic without the
need of a court order
Appointment of Acting Prosecutor (Section 20 of Rule 119)  unless the court in its sound discretion upon motion
of the prosecutor or any defendant, orders a
- When a prosecutor, his assistant or deputy is disqualified to act due separate trial for one or more of the accused
to any of the grounds stated in section 1 of Rule 137 or for any o Joint trial of the several accused is discretionary with the
other reasons, the judge or the prosecutor shall communicate with court (People v. Go, 88 Phil. 203)
the Secretary of Justice in order that the latter may appoint an
acting prosecutor. Demurrer to Evidence (Section 23 of Rule 119)

Exclusion to the Public (Section 21 of Rule 119) - RULE ON DEMURRER TO EVIDENCE: 2 WAYS OF INITIATING IT:
o After the prosecution rests its case, the court may dismiss
- RULE ON EXCLUSION OF PUBLIC: the action on the ground of insufficiency of evidence:
o The judge may, motu proprio, exclude the public from the  (1) on its own initiative after giving the prosecution
courtroom if: the opportunity to be heard or
 The evidence to be produced during the trial is  (2) upon demurrer to evidence filed by the accused
offensive to decency or public morals. with or without leave of court.
 He may also, on motion of the accused, exclude the - REMEDY IF THE COURT DENIES THE DEMURRER:
public from the trial, except court personnel and o If made with leave of court
the counsel of the parties  If the court denies the demurrer to evidence filed
with leave of court, the accused may adduce
Consolidation of Trials and Related Offenses (Section 22 of Rule 119) evidence in his defense.
o If made without leave of court
  When the demurrer to evidence is filed without - The grant of a demurrer to evidence amounts to an acquittal and
leave of court, the accused waives the right to cannot be appealed because it would place the accused in double
present evidence and submits the case for jeopardy.
judgment on the basis of the evidence for the - The order is reviewable only by certiorari under Rule 65 of the Rules
prosecution. of Court, it was issued with grave abuse of discretion amounting to
- REQUIREMENTS ON THE FILNG OF THE MOTION FOR LEAVE OF lack or excess of jurisdiction.
COURT TO FILE DEMURRER: - Remedy would be (Salazar v. People, GR NO. 151931)
o The motion for leave of court to file demurrer to evidence o The accused has the right to adduce evidence on the civil
shall: (G5O) aspect of the case unless the court also declares that the act
 Specifically state its grounds and or omission from which the civil liability may rise did not
 Shall be filed within a non-extendible period of five exist. (by way of appeal)
(5) days after the prosecution rests its case.
 The prosecution may oppose the motion within a Distinctions between Demurrer to Evidence (Section 23 of Rule 119) vs.
non-extendible period of five (5) days from its Motion to Quash (Section 3 of Rule 117)
receipt.
DEMURRER TO EVIDENCE MOTION TO QUASH (SECTION 3 OF
- EFFECT IF LEAVE OF COURT IS GRANTED: (SECTION 23 OF RULLE 119) RULE 117)
o If leave of court is granted, the accused shall file the Filed after the prosecution rested Filed before the accused enters his
demurrer to evidence within a non-extendible period of ten its case plea
(10) days from notice. The prosecution may oppose the Is a litigated motion Is a litigated and an omnibus
demurrer to evidence within a similar period from its motion
receipt. Can be filed with or without leave Must be filed with leave of court
- NATURE OF THE DENIAL OF THE MOTION FOR LEAVE: of court
o The order denying the motion for leave of court to file Is based on insufficiency of Is based on the grounds set forth in
demurrer to evidence or the demurrer itself shall not be evidence presented by the Section 3 of Rule 117
reviewable by appeal or by certiorari before judgment. prosecution
Accused may present evidence if it Accused may proceed with the
Demurrer to Evidence defined is filed with leave of court or arraignment unless the denial is
appeal the judgment if filed tainted with grave abuse of
- is an objection by one of the parties in an action, to the effect that without leave of court discretion. A petition for certiorari
the evidence which his adversary produced is insufficient in point of under Rule 65 is an available
law, whether true or not, to make out a case or sustain the issue remedy
(People v. Go, GR. No. 191015) Results into the dismissal of the Results into the amendment of the
action and acquittal of the accused complaint or information, or
Effect of Grant of Demurrer (People v. Go, GR No. 191015) and the remedy of the prosecution dismissal of the action if it is
is to appeal the civil liability or grounded upon extinction of the
certiorari under Rule 65 criminal action or liability, or
double jeopardy.
Made by either the initiative of the Made upon the motion of the
 court or upon motion of the accused. M. JUDGMENT
accused
Judgement defined (Section 1 of Rule 120)

- DEFINITION:
Distinctions between Demurrer to Evidence in Criminal cases (Section 23 o Judgment is the adjudication by the court that the accused
of Rule 119) and Demurrer to Evidence in Civil cases (Rule 33) is guilty or not guilty of the offense charged and the
imposition on him of the proper penalty and civil liability, if
DEMURRER IN CRIMINAL CASES DEMURRER IN CIVIL CASES (RULE
any.
(RULE 119, SECTION 23) 33)
Is tantamount to an acquittal and Is an adjudication on the merits - REQUIREMENTS OF A VALID JUDGEMENT IN CRIMINAL CASES:
the dismissal order may not be which is definitely subject of an (WSL)
appealed because this would place appeal. o It must be written in the official language,
the accused in double jeopardy. o Personally and directly prepared by the judge and signed by
Although the dismissal order is not him and
subject to appeal, it is still o Shall contain clearly and distinctly a statement of the facts
reviewable only by certiorari under and the law upon which it is based
Rule 65
The court may motu proprio The court may not motu proprio (in Constitutional basis of a Final Judgment: (Article VIII Section 14 of 1987
dismiss the case. its own initiative) dismiss the case. Constitution)
May be filed with or without leave May simply be filed without leave
- No court shall render a decision without stating clearly and
of court. If the court denies the of court but the denial thereof will
demurrer to evidence filed with still allow the defendant to present distinctly the facts and law on which it is based
leave of court, the accused may his evidence Distinguish between a Final Order and an Interlocutory Order
adduce evidence in his defense.
When the demurrer to evidence is FINAL ORDER INTERLOCUTORY ORDER
filed without leave of court, the An order issued by the court An order which does not finally
accused waives the right to present which disposes of the subject dispose of the case and does not
evidence and submits the case for matter in its entirety or terminates end the Court’s task of adjudicating
judgment on the basis of the a particular proceeding or action, the parties’ contentions and
evidence for the prosecution. leaving nothing more to be done determining their rights and
except to enforce by execution liabilities as regards each other, but
Reopening of the case (Section 24 of Rule 119) what the court has determined. obviously indicates other things
(Alma Jose v. Javellana, GR. No. remain to be done by the Court.
- At any time before finality of the judgment of conviction, the judge 158239) (Caliwan v. Ocampo GR. No. 183270)
may, motu proprio or upon motion, with hearing in either case, Remedy against a final order is Remedy against an Interlocutory
reopen the proceedings to avoid a miscarrage of justice. The appeal. order is a special civil action of
proceedings shall be terminated within thirty (30) days from the certiorari under Rule 65
order granting it.
Contents of judgment (Section 2 of Rule 120)
 - If the judgement is of CONVICTION it shall state: (QPPC)  Convict him of as many offenses as are charged and
o The legal QUALIFICATION of the offense constituted by the proved, and
acts committed by the accused and the aggravating or  Impose on him the penalty for each offense, setting
mitigating circumstances which attended its commission out separately the findings of fact and law in each
o the PARTICIPATION of the accused in the offense whether offense.
as a: o Accused may be convicted for two different crimes
 Principal (Article 17 of the Revised Penal Code) penalized by two different laws (People v. Saulo, 344 SCRA
 Accomplice (Article 18 of the Revised Penal Code) 605)
 Accessory (Article 19 of the Revised Penal Code)  A person may be charged and convicted for both
o the PENALTY imposed upon the accused illegal recruitment and estafa, the reason being that
o the CIVIL LIABILITY or damages caused by his wrongful act illegal recruitment Is a malum prohibitum, whereas
or omission to be recovered from the accused by the estafa is malum in se
offended party if there is any. o Relate this to Section 13 of Rule 110 (Rule on Multiple
- If the judgment is of ACQUITTAL it shall state: (AMC) offenses charged in an information) and Section 3 of Rule
o FIRST KIND OF ACQUITTAL: 117 (Motion to Quash)
 that the evidence of the prosecution absolutely
Variance Doctrine (Section 4 of Rule 120)
failed to prove the guilt of the accused
 Civil liability is extinguished in this form of acquittal - RULE ON VARIANCE DOCTRINE:
because he is not the author of the act complained o When there is variance between the offense charged in the
of. complaint or information and that proved, and the offense
o SECOND KIND OF ACQUITTAL as charged is included in or necessarily includes the offense
 or that the prosecution merely failed to prove his proved, the accused shall be:
guilt beyond reasonable doubt’  Convicted of the offense proved which is included in
 accused is not exempt from civil liability which may the offense charged, or
be proved by preponderance of evidence only  Of the offense charged which is included in the
o In either case, the judgment shall determine if the act or offense proved.
omission from which the civil liability might arise did not o Application of this however hinges on WHAT IS
exist FAVORABLE TO THE ACCUSED!!!

Judgment for 2 or more offenses (Section 3 of Rule 120) When an Offense Includes or is Included In Another (Section 5 of Rule 120)

- EFFECTS IN CASE ACCUSED FAILED TO OBJECT WHEN THERE ARE - WHEN OFFENSE CHARGED INCLUDES THE OFFENSE PROVED
TWO OR MORE OFFENSES IN THE COMPLAINT OR INFORMATION; o An offense charged necessarily includes the offense proved
o When two or more offenses are charged in a single when some of the essential elements or ingredients of the
complaint or information but the accused fails to object to it former, as alleged in the complaint or information,
before trial, the court may: (CI) constitute the latter.
- WHEN OFFENSE PROVED INCLUDES THE OFFENSE CHARGED
 o An offense charged is necessarily included in the offense o The court promulgating the judgment shall have authority
proved, when the essential ingredients of the former to: (AB)
constitute or form a part of those constituting the latter  Accept the notice of appeal and
 Rape of minor and Sexual Abuse under RA 7610 is  To approve the bail bond pending appeal;
exclusive of each other as ruled by the Court in - WHERE TO FILE WHEN THE NATURE OF THE OFFENSE WAS
Alberto v. CA (GR No. 182130) CHANGED FROM NON-BAILABLE TO BAILABLE:
 Accused cannot be convicted of any offense not o Provided, that if the decision of the trial court convicting the
charged in the information (People v. Bayya, 327 accused changed the nature of the offense from non-
SCRA 771) bailable to bailable, the application for bail can only be
filed and resolved by the appellate court.
Promulgation of Judgment (Section 6 of Rule 120)
- DUTY OF THE CLERK OF COURT: (NPA)
- HOW JUDGEMENT IS PROMULGATED: o The proper clerk of court shall:
o The judgment is promulgated: (RPC)  Give notice to the accused personally or through his
 By reading it in the presence of the accused and any bondsman or warden and counsel,
judge of the court in which it was rendered.  Requiring him to be present at the promulgation of
 However, if the conviction is for a light offense, the the decision.
judgment may be pronounced in the presence of his  If the accused tried in absentia because he jumped
counsel or representative. bail or escaped from prison, the notice to him shall
 When the judge is absent or outside of the province be served at his last known address.
or city, the judgment may be promulgated by the - HOW JUDGMENT PROMULGATED IF ACCUSED FAILED TO APPEAR:
clerk of court. o In case the accused fails to appear at the scheduled date of
 Personal appearance of the accused is promulgation of judgment despite notice, the promulgation
required during promulgation except where shall be made by: (RS)
the conviction is for a light offense  Recording the judgment in the criminal docket and
(Florendo v. Ceballos, 239 SCRA 235)  Serving him a copy thereof at his last known
- HOW PROMULGATION MADE IF ACCUSED IS CONFINED IN address or thru his counsel.
ANOTHER CITY OR PROVINCE: - EFFECT OF FAILURE OF THE ACUSED TO APPEAR DURING
o If the accused is confined or detained in another province or PROMULGATION OF JUDGMENT OF CONVICTION:
city, the judgment may be promulgated by the executive o If the judgment is for conviction and the failure of the
judge of the Regional Trial Court having jurisdiction over the accused to appear was without justifiable cause, he shall:
place of confinement or detention upon request of the (LA)
court which rendered the judgment.  Lose the remedies available in these rules against
 The judgment must be promulgated during the the judgment and
incumbency of the judge (Jimenez v. Republic, 22  The court shall order his arrest.
SCRA 622)  NOTE: Non-appearance of the accused
- AUTHORITY OF THE COURT PROMULGATING THE JUDGMENT; without justifiable cause, in the
promulgation of judgment of conviction
 forfeits his right to avail of remedies under  When the accused has applied for probation.
Rule 121 (New Trial/Reconsideration), Rule
122 (Appeal) and PD 1606 (Jaylo v. Post-Conviction DNA Testing If Favorable Would Result to Modification of
Sandiganbayan, GR Nos. 183152-54, 2015) Judgment (Section 6 of DNA Evidence Rule (AM No. 06-11-5-SC, October
- REMEDY OF THE ACCUSED TO AVOID LOSING SUCH REMEDIES 15, 2007))
FROM JUDGMENT OF CONVICTION:
o Within fifteen (15) days from promulgation of judgment, - WHEN TO AVAIL A POST-CONVICTION DNA TESTING;
REQUIREMENTS:
however, the accused may: (SF)
o Post-conviction DNA testing may be available, without need
 Surrender and
 File a motion for leave of court to avail of these of prior court order, to the prosecution or any person
remedies. convicted by final and executory judgment provided that:
- DUTY OF THE ACCUSED: STATEMENT OF REASONS FOR HIS (ERR)
ABSENCE:  (a) a biological sample exists,
o He shall state the reasons for his absence at the scheduled  (b) such sample is relevant to the case, and
 (c) the testing would probably result in the reversal
promulgation and if he proves that his absence was for a
or modification of the judgment of conviction.
justifiable cause, he shall be allowed to avail of said
remedies within fifteen (15) days from notice
Post-Conviction DNA Testing; Remedy if Results are Favorable to the
- WHEN IS PROMULGATION MADE:
Convict (Section 10 of DNA Evidence Rule (AM No. 06-11-5-SC, October 15,
o Promulgation of judgment cannot take place until the clerk
2007))
receives it and enters it into the criminal docket
- REMEDY OF THE CONVICT OR PROSECUTION IF THE RESULTS OF
Modification of Judgment (Section 7 of Rule 120)
POST-CONVICTION DNA TESTING IS FAVORABLE TO THE CONVICT:
o The convict or the prosecution may file a petition for a writ
- WHEN A JUDGMENT OF CONVICTION CAN BE MODIFIED:
of habeas corpus in the court of origin if the results of the
o A judgment of conviction may, upon motion of the accused,
post-conviction DNA testing are favorable to the convict.
be modified or set aside: (FP)
- DUTY OF THE COURT IF IT FINDS PETITION FOR HABEAS CORPUS IS
 Before it becomes final or
MERITORIOUS:
 Before appeal is perfected.
o In the case the court, after due hearing finds the petition to
- WHEN DOES A JUDGMENT BECOME FINAL:
be meritorious, if shall reverse or modify the judgment of
o Except where the death penalty is imposed, a judgment
conviction and order the release of the convict, unless
becomes final: (LSWP)
continued detention is justified for a lawful cause.
 After the lapse of the period for perfecting an
o A similar petition may be filed either in the Court of Appeals
appeal, or
or the Supreme Court, or with any member of said courts,
 When the sentence has been partially or totally
which may conduct a hearing thereon or remand the
satisfied or served, or
petition to the court of origin and issue the appropriate
 When the accused has waived in writing his right to
orders.
appeal, or
Entry of Judgment (Section 8 of Rule 120) - Probation (PD 968)*

- After a judgment has become final, it shall be entered in accordance I. MOTION FOR A NEW TRIAL/RECONSIDERATION (Rule 121 of the Rules of
with Rule 36 Court
- Finality of judgment different from its entry (Munnez v. CA, GR No.
L-46040) New Trial defined: (People v. Tamayo, 86 Phil. 213)
o Delay in the latter does not affect the effectivity of the
- a proceeding whereby errors of law or irregularities are expunged
former which is counted from the expiration of the right to
from the record or new evidence is introduced or both steps taken
appeal.
- Effects of Final Judgment (Videogram Regulatory Board v. CA, 265
New Trial: When is it available? (Section 1 of Rule 121)
SCRA 50)
o After a judgment has become final, vested rights are - At any time before a judgment of conviction becomes final, the
acquired by the winning party. If the proper losing party has court may upon motion of the accused or at its own instance but
the right to file an appeal within the prescribed period, then with the consent of the accused, grant a new trial or
the former has the correlative right to enjoy the finality of reconsideration.
the judgment from the resolution of the case. - Relate this to Section 7 of Rule 120 (When Judgment becomes
- Illegal arrest not a ground for setting aside of valid judgment final)
(People v. San Pedro, 224 SCRA 93) o Except where the death penalty is imposed, a judgment
o The illegal arrest of an accused is not a sufficient cause for becomes final: (LSWP)
setting aside a valid judgment rendered upon a sufficient  After the lapse of the period for perfecting an
complaint after trial free from error. appeal, or
 When the sentence has been partially or totally
Existing provisions governing suspension of sentence, probation and
satisfied or served, or
parole (Section 9 of Rule 120)
 When the accused has waived in writing his right to
appeal, or
- Nothing in this rule shall affect any existing provisions in the laws
 When the accused has applied for probation
governing suspension of sentence, probation, or parole.
Purpose of a New Trial?

- It is a new invention in order to temper the severity of judgment or

N. PROCEEDINGS OR REMEDIES BEFORE FINALITY OF JUDGMENT
prevent the failure of justice (Jose v. CA, 70 SCRA 267 (1976))
Proceedings or Remedies Before Final Judgment
Ground for a new Trial (Section 2 of Rule 121)
- Motion for New Trial (Rule 121)
- The court shall grant a new trial on any of the following grounds:
- Motion for Reconsideration (Rule 121)
- Appeals (122, 124, 125)
- Motion to Re-Open the Case (Section 24, Rule 119)*
 o (a) The errors of law or irregularities prejudicial to the witnesses by whom such evidence is expected to
substantial rights of the accused have been committed be given or by duly authenticated copies of
during the trial; documents which are proposed to be introduced in
o (b) The new and material evidence has been discovered evidence.
which the accused could not with reasonable diligence have  Notice of the motion for new trial or
discovered and produced at the trial and which if reconsideration shall be given to the prosecutor.
introduced and admitted would probably change the - EFFECT OF FAILURE TO COMPLY
judgment. o Motion shall be denied (People v. Dela Cruz, 2 SCRA 119)
 When is evidence considered newly discovered? o Exception: (Paredes v. Borja, 3 SCRA 495)
(Berry Rule, (Berry v. State of Georgia, 10 Ga 511  However in a later case, it was held that the failure
(1951) (ADMC) to comply with the rule on the attachment of the
 Evidence was discovered after trial required affidavits had been cured by testimony of
 Such evidence could not have been the witness given under oath at the hearing of the
discovered and produced even with the motion
exercise of due diligence
 That such evidence is material, not merely Hearing on the Motion for a New Trial (Section 5 of Rule 121)
cumulative, corroborative, or impeaching
- When a motion for new trial calls for resolution of any question of
 the evidence is of such weight that it would
fact, the court may hear evidence thereon by affidavits or otherwise
probably change the judgment if admitted
Effects of New Trial (Section 6 of Rule 121)
Grounds for Reconsideration (Section 3 of Rule 121)
- The effects of granting a new trial or reconsideration are the
- The court shall grant reconsideration on the ground of: (LW)
following:
o Errors of law or
o IF GRANTED ON THE GROUND OF ERRORS OF LAW:
o Errors of fact in the judgment which requires no further
 (a) When a new trial is granted on the ground of
proceedings.
errors of law or irregularities committed during the
Formal and Procedural Requirements On New Trial/Reconsideration trial: (SA)
(Section 4 of Rule 121)  All proceedings and evidence affected
thereby shall be set aside and taken anew.
- FORM AND REQUIREMENTS OF NEW TRIAL/RECONSIDERATION:  The court may, in the interest of justice,
o The motion for a new trial or reconsideration shall be: allow the introduction of additional
(WGAN) evidence.
 In writing and o IF GRANTED ON THE GROUND OF NEWLY DISCOVERED
 Shall state the grounds on which it is based. EVIDENCE: (ST)
 If based on a newly-discovered evidence, the  (b) When a new trial is granted on the ground of
motion must be supported by affidavits of newly-discovered evidence:
  The evidence already adduced shall stand Effects of Appeal
and
 The newly-discovered and such other - Appeal of the prosecution on the judgment of acquittal puts the
evidence as the court may, in the interest of accused in double jeopardy (People v. Laguio, GR 128587)
justice, allow to be introduced shall be o Exceptions:
taken and considered together with the  Prosecution is denied due process
evidence already in the record.  Court committed grave abuse of discretion in
- © In all cases, when the court grants new trial or reconsideration, dismissing the criminal case
the original judgment shall be set aside or vacated and a new
judgment rendered accordingly. Effect of failure to perfect an appeal; (Tan v. CA, GR No. 157194)

II. APPEALS (RULES 122, 123, 124,125 in relation to RULES 40,41,42,43,,45) - Renders the judgment of the court final and executory

Appeal defined: New Issues cannot be raised on appeal; Parties cannot change his theory
of the case on appeal; reasons
- The elevation by an aggrieved party of any decision, order, or award
of a lower body to a higher body, by means of a document which - The rule rests on the fundamental tenets of justice and fair-play
includes the assignment of errors, memorandum of arguments in (Mon v. Court of Appeals GR No. 118292)
support thereof, and the reliefs prayed for.
*Appeal and Certiorari, are mutually exclusive of each other (Laurel v.
Appellant defined: Abrogar (GR No. 155076)

- The party in a litigation that seeks to have a judgment in a lower *Appellate court cannot impose higher penalty in on appealed cases,
court reviewed in whole or in part otherwise double jeopardy applies (Phil Rabbit Bus Lines v. People, GR
No. 157703)
Appellee
Who may Appeal (Section 1 of Rule 122)
- The parties in the old appeal of felony
- Any party may appeal from a judgment or final order, unless the
Nature of Right to appeal: (Yu v. Samson-Tatad, GR NO. 170979) accused will be placed in double jeopardy
o Instances wherein dismissal of a criminal action results into
- It is a statutory privilege, therefore available only if granted or as double jeopardy
provided by statutes  Rule 119 Section 9 of the Rules of Court
- In criminal cases, appeal throws the whole case open for review and  Dismissal in violation of the accused’s right
it is the duty of the appellate court to correct, cite, and appreciate to a speedy trial
errors in the appealed judgment whether they are assigned or  Rule 119 Sections 17 and 18 of the Rules of Court
unassigned (Cruz v. People, GR No. 177191)  Discharge of one or more accused as a state
witness
  Rule 119 Section 23 of the Rules of Court - the judgment is based on misapprehension of facts and the findings
 Grant of a Demurrer of evidence of an of fact of the Sandiganbayan are premised on the absence of
accused evidence and are contradicted by the evidence on record
 Rule 117 Section 3(i) of the Rules of Court
 Grant of a Motion to Quash on the ground Where Appeal may be Taken (Section 2 of Rule 122)
that the accused has been previously
- The appeal may be taken as follows:
convicted or acquitted or the case against
o PROCEDURE OF APPEAL IN REGIONAL TRIAL COURT IN THE
him was dismissed or otherwise terminated
without his express consent EXERCISE OF ITS ORIGINAL JURISDICTION (In relation to
Rule 41)
Requisites of Double Jeopardy (FVS)  (a) To the Regional Trial Court, in cases decided by
the Metropolitan Trial Court, Municipal Trial Court
- The First Jeopardy has attached to the accused (ICAA)
in Cities, Municipal Trial Court, or Municipal Circuit
o Provided that there is a valid INDICTMENT
Trial Court;
o in a COMPETENT COURT
- PROCEDURE OF APPEAL IN THE COURT OF APPEALS OR SUPREME
o wherein the accused was validly ARRAIGNED and entered
COURT IN CASES DECIDED BY THE REGIONAL TRIAL COURT IN THE
his plea
EXERCISE OF ITS ORIGINAL JURISDICTION: (In relation to Rule 42)
o that the accused has been previously ACQUITTED or
o (b) To the Court of Appeals or to the Supreme Court in the
CONVICTED or the case against him was dismissed or
proper cases provided by law, in cases decided by the
otherwise terminated without his express consent
Regional Trial Court; and
- The same was VALIDLY TERMINATED
- PROCEDURE OF APPEAL IN THE SUPREME COURT IN CASES
o There is a SECOND JEOPARDY attached which involves the
DECIDED BY THE COURT OF APPEALS (In relation to Rule 45)
same offense in the first.S o (c) To the Supreme Court, in cases decided by the Court of
Appeals
When Certiorari (Rule 65) available: As an Exception to Double Jeopardy
- PROCEDURE OF APPEAL IN THE SANDIGANBAYAN (In relation to
- When the court committed grave abuse of discretion amounting to RA 10660, Section 2)
lack or excess of jurisdiction in dismissing the criminal action o The Sandiganbayan shall exercise exclusive appellate
jurisdiction over final judgments, resolutions or orders of
Factual findings of the lower court conclusive and must be respected; regional trial courts whether in the exercise of their own
Factual errors not subject of Certiorari; Exceptions: (Guadines v. original jurisdiction or of their appellate jurisdiction as
Sandiganbayan, GR No. 164891) (SIGM) herein provided (in relation to Rule 41 and Rule 42)

- the conclusion is a finding grounded entirely on speculation, How Appeal May Be Taken (Section 3 of Rule 122)*
surmise, and conjectures (pursuant to the amendment made in AM-00-5-03 SC)
- the inference is manifestly mistaken
- there is grave abuse of discretion
- APPEAL FROM CASES DECIDED BY THE REGIONAL TRIAL COURT IN  with the court which rendered the judgment or final
THE EXERCISE OF ITS ORIGINAL JURISDICTION (In relation to Rule order appealed from and by serving a copy thereof
41): upon the adverse party.
o (a) The appeal to the Regional Trial Court, or to the Court of o Automatic review is not with the SUPREME COURT
Appeals in cases decided by the Regional Trial Court in the anymore as this was the principle of the ruling made in
exercise of its original jurisdiction, shall be by notice of People v. Mateo (GR No. 147678-87, 2004)
appeal filed with the court which rendered the judgment or - *(d) No notice of appeal is necessary in cases where the Regional
final order appealed from and by serving a copy thereof Trial Court imposed the death penalty. The Court of Appeals shall
upon the adverse party. automatically review the judgment as provided in Section 10 of this
- APPEAL FROM CASES DECIDED BY THE REGIONAL TRIAL COURT IN Rule. (3a) (Death penalty is suspended)
THE EXERCISE OF ITS APPELLATE JURISDICTION (In relation to Rule - OTHER APPEALS TO THE SUPREME COURT:
42) o (e) Except as provided in the last paragraph of section 13,
o (b) The appeal to the Court of Appeals in cases decided by Rule 124, all other appeals to the Supreme Court shall be by
the Regional Trial Court in the exercise of its appellate petition for review on certiorari under Rule 45
jurisdiction shall be by petition for review under Rule 42.
 Petition for review defined: Service of Notice of Appeal (Section 4 of Rule 122)
 Mode of appeal taken within the period for
appeal from the decision by the Regional - If personal service of the copy of the notice of appeal cannot be
Trial Court in the exercise of its appellate made upon the adverse party or his counsel, service may be done
jurisdiction in cases originating in the by registered mail or by substituted service pursuant to sections 7
municipal and metropolitan trial courts and 8 of rule 13
(Garcia v. Lazatin Consolidated Corp, SP- o In short: Order of Preference
08871, 1986)  Personal service
- AUTOMATIC REVIEW BY THE COURT OF APPEALS IF THE PENALTY  Registered mail
IMPOSED BY THE REGIONAL TRIAL COURT IS RECLUSION  Substituted service
PERPETUA OR LIFE IMPRISONMENT:
Waiver of Notice (Section 5 of Rule 122)
o (c) The appeal in cases where the penalty imposed by the
Regional Trial Court is: - The appellee may waive his right to a notice that an appeal has been
 reclusion perpetua, taken. The appellate court may, in its discretion entertain an appeal
 life imprisonment or notwithstanding failure to five such notice if the interests of justice
 where a lesser penalty is imposed for offenses so require
committed on the same occasion or which arose out
of the same occurrence that gave rise to the more, When an Appeal may be taken (Section 6 of Rule 122)
serious offense for which the penalty of death,
reclusion perpetua, or life imprisonment is imposed, - APPEAL; WHEN TAKEN:
o Shall be by notice of appeal to the Court of Appeals in
accordance with paragraph (a) of this Rule.
 o An appeal must be taken within fifteen (15) days from notes shall be granted except by the Supreme Court and
promulgation of the judgment or from notice of the final only upon justifiable grounds.
order appealed from.
- WHEN APPEAL DEEMED PERFECTED: Transmission of Papers To Appellate Court Upon Appeal (Section 8 of Rule
o This period for perfecting an appeal shall be suspended 122)
from the time a motion for new trial or reconsideration is
- DUTY OF THE CLERK OF COURT UPON FILING NOTICE OF APPEAL:
filed until notice of the order overruling the motion shall
o Within five (5) days from the filing of the notice of appeal,
have been served upon the accused or his counsel at which
the clerk of the court with whom the notice of appeal was
time the balance of the period begins to run.
filed must: (TTT)
- Fresh Period rule applicable in criminal cases (Yu v. Samson-Tatad)
 Transmit to the clerk of court of the appellate court
o Neypes rule applies as well in criminal cases under Rule 122
the complete record of the case, together with said
of the Rules of Court
notice.
Transcribing and Filing Notes of Stenographic Reporter Upon Appeal  The original and three copies of the transcript of
(Section 7 of Rule 122) stenographic notes, together with the records, shall
also be transmitted to the clerk of the appellate
- DUTY IF STENOGRAPHIC REPORTER UPON FILING AN APPEAL: court without undue delay.
o When notice of appeal is:  The other copy of the transcript shall remain in the
 Filed by the accused, lower court
 the trial court shall direct the stenographic
reporter to transcribe his notes of the Appeal to the Regional Trial Court (Section 9 of Rule 122)
proceedings.
- DUTIES OF THE CLERK OF COURT UPON PERFECTION OF APPEAL:
 When filed by the People of the Philippines,
o (a) Within five (5) days from perfection of the appeal, the
 the trial court shall direct the stenographic
clerk of court shall transmit the original record to the
reporter to transcribe such portion of his
appropriate Regional Trial Court.
notes of the proceedings as the court, upon
- DUTIES OF THE PARTIES UPON RECEIPT OF THE NOTICE OF THE
motion, shall specify in writing.
CLERK OF COURT:
o The stenographic reporter shall certify to the correctness of
o (b) Upon receipt of the complete record of the case,
the notes and the transcript thereof, which shall consist of
transcripts and exhibits, the clerk of court of the Regional
the original and four copies, and shall file the original and
Trial Court shall notify the parties of such fact.
four copies with the clerk without unnecessary delay.
- WHEN CASE SHALL BE DECIDED:
- *DUTY OF THE STENOGRAPHER IF DEATH PENALTY IS IMPOSED:
o (c) Within fifteen (15) days from receipt of the said notice,
o If death penalty is imposed, the stenographic reporter shall,
the parties may submit memoranda or briefs, or may be
within thirty (30) days from promulgation of the sentence,
required by the Regional Trial Court to do so. After the
file with the clerk original and four copies of the duly
submission of such memoranda or briefs, or upon the
certified transcript of his notes of the proceedings. No
expiration of the period to file the same, the Regional Trial
extension of time for filing of said transcript of stenographic
 Court shall decide the case on the basis of the entire record o Notwithstanding the perfection of the appeal, the Regional
of the case and of such memoranda or briefs as may have Trial Court, Metropolitan Trial Court, Municipal Trial Court
been filed. in Cities, Municipal Trial Court, or Municipal Circuit Trial
Court, as the case may be, may allow the appellant to
Transmission of Records in Case of Death penalty (Section 10 of Rule 122 withdraw his appeal:
as amended by AM 00-5-03)  Before the record has been forwarded by the clerk
of court to the proper appellate court as provided in
- In all cases where the death penalty is imposed by the trial court,
section 8, in which case the judgment shall become
the records shall be forwarded to the Court of Appeals for
final.
automatic review and judgment within twenty days but not earlier
 The Regional Trial Court may also, in its discretion,
than fifteen days from the promulgation of the judgment or notice
allow the appellant from the judgment of a
of denial of a motion for new trial or reconsideration. The transcript
Metropolitan Trial Court, Municipal Trial Court in
shall also be forwarded within ten days after the filing thereof by
Cities, Municipal Trial Court, or Municipal Circuit
the stenographic reporter.
Trial Court to withdraw his appeal, provided a
motion to that effect is filed before rendition of the
Effect of Appeal by Several Accused (Section 11 of Rule 122)
judgment in the case on appeal, in which case the
- EFFECT OF APPEAL BY ONE OR SEVERAL ACCUSED: judgment of the court of origin shall become final
o (a) An appeal taken by one or more of several accused shall and the case shall be remanded to the latter court
not affect those who did not appeal, except insofar as the for execution of the judgment.
judgment of the appellate court is favorable and applicable - EFFECT OF WITHDRAWAL OF APPEAL
to the latter; o Conviction becomes final and executory (People v. De Lara,
 As ruled in the case of People v. Escano (402 Phil 399 Phil. 756)
730)
Appointment of Counsel de Officio for Accused on Appeal (Section 13 of
 Judgment on appeal favorable to the
Rule 122)
accused applies to others
- EFFECT OF APPEAL IN THE CIVIL ASPECT: - WHEN COUNSEL DE OFFICIO CAN BE APPOINTED:
o (b) The appeal of the offended party from the civil aspect o It shall be the duty of the clerk of the trial court, upon filing
shall not affect the criminal aspect of the judgment or order of a notice of appeal, to ascertain from the appellant, if
appealed from. confined in prison, whether he desires the Regional Trial
- EFFECT OF PERFECTION OF APPEAL: Court, Court of Appeals or the Supreme Court to appoint a
o (c) Upon perfection of the appeal, the execution of the counsel de oficio to defend him and to transmit with the
judgment or final order appealed from shall be stayed as to record on a form to be prepared by the clerk of court of the
the appealing party. appellate court, a certificate of compliance with this duty
and of the response of the appellant to his inquiry.
Withdrawal of Appeal; Effect (Section 12 of Rule 122)
III. MORE ON APPEALS (RULE 123,124, AND 125)
- WHEN WITHDRAWAL OF APPEAL ALLOWED:
Procedure in Municipal Trial Courts: Uniform Procedure (Section 1 of Rule - REQUIREMENTS FOR APPELLANT IN FILING HIS APPELLANTS BRIEF:
123) o Within thirty (30) days from receipt by the appellant or his
counsel of the notice from the clerk of court of the Court of
- The procedure to be observed in the Metropolitan Trial Courts, Appeals that the evidence, oral and documentary, is already
Municipal Trial Courts and Municipal Circuit Trial Courts shall be the attached to the record, the appellant shall file seven (7)
same as in the Regional Trial Courts, except: (PS) copies of his brief with the clerk of court which shall be
o Where a particular provision applies only to either of said accompanied by proof of service of two (2) copies thereof
courts and upon the appellee
o In criminal cases governed by the Revised Rule on Summary
Procedure When to file Appellee’s Brief; Reply Brief of The Appellant (Section 4 of
Rule 124)
Procedure in the Court of Appeals (Section 1 of Rule 124)
- WHEN TO FILE APPELLE’S BRIEF: REQUIREMENTS
- PARTIES ON APPEAL BEFORE THE COURT OF APPEALS: o Within thirty (30) days from the receipt of the brief of the
o In all criminal cases appealed to the Court of Appeals:, appellant, the appellee shall file seven (7) copies of the brief
 The party appealing the case shall be called the of the appellee with the clerk of court which shall be
"appellant" and accompanied by proof of service of two (2) copies thereof
 The adverse party the "appellee," but the title of upon the appellant.
the case shall remain as it was in the court of origin. - WHEN TO FILE REPLY BRIEF:
o Within twenty (20) days from receipt of the brief of the
Appointment of Counsel de Officio (Section 2 of Rule 124) appellee, the appellant may file a reply brief traversing
matters raised in the former but not covered in the brief of
- INSTANCES WHERE THE ACCUSED ON APPEAL MAY BE PROVIDED
the appellant
WITH COUNSEL DE OFFICIO: (PWN)
o If it appears from the record of the case as transmitted that: Extension for filing Briefs (Section 5 of Rule 124)
 (a) the accused is confined in prison,
 (b) is without counsel de parte on appeal, or - Extension of time for the filing of briefs will not be allowed except:
 (c) has signed the notice of appeal himself, (GE)
o the clerk of court of the Court of Appeals shall designate a o For good and sufficient cause and
counsel de oficio. o Only if the motion for extension is filed before the
- RULE IF THE ACCUSED IS NOT CONFINED IN PRISON: expiration of the time sought to be extended
o An appellant who is not confined in prison may, upon
request, be assigned a counsel de oficio within ten (10) days Form of Briefs (Section 6 of Rule 124)
from receipt of the notice to file brief and he establishes his
right thereto. - Briefs shall either be printed, encoded, or typewritten in double
space on legal size good quality unglazed paper, 330 mm. in length
When Brief for Appellant be Filed (Section 3 of Rule 124) by 216 mm. in width
Contents of Briefs (Section 7 of Rule 124) adduced by the parties, is of the opinion that error was committed
which injuriously affected the substantial rights of the appellant.
- The briefs in criminal cases shall have the same contents as
provided in sections 13 and 14 of Rule 44. A certified true copy of Scope of Judgment (Section 11 of Rule 124)
the decision or final order appealed from shall be appended to the
brief of the appellant. - The Court of Appeals may reverse, affirm, or modify the judgment
and increase or reduce the penalty imposed by the trial court,
Dismissal of Appeal for Abandonment to Prosecute (Section 8 of Rule 124) remand the case to the Regional Trial Court for new trial or retrial,
or dismiss the case.
- EFFECT IF APPELLANT FAILS TO FILE HIS BRIEF: o Power of the appellate court to review and revise findings
o The Court of Appeals may, upon motion of the appellee or of the trial court: (People v. Abana, 76 Phil. 1)
motu proprio and with notice to the appellant in either  The appellate court has the duty to review and
case, dismiss the appeal if the appellant fails to file his brief revise the findings of facts of the trial court and to
within the time prescribed by this Rule, except where the render its own fair judgment accordingly, when the
appellant is represented by a counsel de officio. evidence which may tilt the balance of justice has
- DISMISSAL OF THE APPEAL: WHEN APPELLANT ESCAPES OR JUMPS been overlooked.
BAIL DURING THE PENDENCY OF APPEAL:
o The Court of Appeals may also, upon motion of the appellee Power to Receive Evidence (Section 12 of Rule 124, as amended by AM No.
or motu proprio, dismiss the appeal if the appellant escapes 00-5-03-sc)
from prison or confinement, jumps bail or flees to a foreign
country during the pendency of the appeal. - POWERS OF THE COURT OF APPEALS:
o The Court of Appeals shall have the power to try cases and
Prompt Disposition of Appeals (Section 9 of Rule 124) conduct hearings, receive evidence and perform all acts
necessary to resolve factual issues raised in cases:
- RULE ON THE DISPOSITION OF THE APPEAL IF THE ACCUSED IS  Falling within its original and appellate jurisdiction,
UNDER DETENTION: including the power to grant and conduct new trials
o Appeals of accused who are under detention shall be given or further proceedings.
precedence in their disposition over other appeals. The  Trials or hearings in the Court of Appeals must be
Court of Appeals shall hear and decide the appeal at the continuous and must be completed within three
earliest practicable time with due regard to the rights of the months, unless extended by the Chief Justice.
parties. The accused need not be present in court during  In relation to Section 1(g) of Rule 116 in
the hearing of the appeal. terms of period of trial

Judgment need not be Reversed or Modified Except for Substantial Error Certification of the Appeal to the Supreme Court (Section 13 of Rule 124)
(Section 10 of Rule 124)
- *DUTY OF THE COURT OF APPEALS WHEN IT FINDS THAT A
- No judgment shall be reversed or modified unless the Court of PENALTY OF DEATH SHOULD BE IMPOSED:
Appeals, after an examination of the record and of the evidence
 o (a) Whenever the Court of Appeals finds that the penalty of - WHEN TO FILE FOR A RECONSIDERATION:
death should be imposed, the court shall render judgment o A motion for reconsideration shall be filed within fifteen
but refrain from making an entry of judgment and forthwith (15) days after from notice of the decision or final order of
certify the case and elevate its entire record to the Supreme the Court of Appeals, with copies served upon the adverse
Court for review. party, setting forth the grounds in support thereof. The
o (b) Where the judgment also imposes a lesser penalty for mittimus shall be stayed during the pendency of the motion
offenses committed on the same occasion or which arose for reconsideration. No party shall be allowed a second
out of the same occurrence that gave rise to the more motion for reconsideration of a judgment or final order.
severe offense for which the penalty of death is imposed, o Mittimus Defined:
and the accused appeals, the appeal shall be included in the  is a process issued by the court to carry out a final
case certified for review to, the Supreme Court. judgment (In Re: Capturo, 11 Phil 241)
- DUTY OF THE COURT OF APPEALS WHEN IT IMPOSES A PENALTY
OF RECLUSION PERPETUA Distinguish Motion for A New Trial/Reconsideration under Rule 121 and
o (c) In cases where the Court of Appeals imposes reclusion Motion for A New Trial/Reconsideration under Rule 124
perpetua, life imprisonment or a lesser penalty, it shall RULE 121 (Sections 1-3) RULE 124 (14-16)
render and enter judgment imposing such penalty. The Filed with the first level courts, Filed with the Court of Appeal.
judgment may be appealed to the Supreme Court by notice upon motion of the accused or at
of appeal filed with the Court of Appeals. its on instance, with the consent of
the accused
Filed at any time before a judgment In case of a Motion for a New Trial,
of conviction becomes final. it is filed after the appeal from the
Motion for new Trial (Section 14 of Rule 124) lower court has been perfected
and before the judgment of the
- WHEN TO FILE FOR A NEW TRIAL: Court of Appeals convicting the
o At any time after the appeal from the lower court has been Appellant becomes final.
perfected and before the judgment of the Court of Appeals In case of a Motion for
convicting the appellant becomes final, the latter may Reconsideration, it shall be filed
move for a new trial on the ground of newly-discovered within fifteen (15) days after from
evidence material to his defense. The motion shall conform notice of the decision or final order
with the provisions of section 4, Rule 121. of the Court of Appeals, with
copies served upon the adverse
When New Trial Conducted (Section 15 of Rule 124) party, setting forth the grounds in
support thereof
- When a new trial is granted, the Court of Appeals may conduct the Grounds for a New Trial under Rule Grounds for a new Trial under Rule
hearing and receive evidence as provided in Section 12 of This Rule 121 are as follows: 124 are:
or refer the trial to the court of origin - That errors of law or - Newly discovered evidence
irregularities prejudicial to material to his defense
Reconsideration (Section 16 of Rule 124) the substantial rights of the
 accused have been  the conclusion is a finding grounded entirely on
committed during trial speculation, surmise, and conjectures
- Newly discovered evidence  the inference is manifestly mistaken
 there is grave abuse of discretion
Judgment Transmitted and Filed In Court (Section 17 of Rule 124)  the judgment is based on misapprehension of facts
 said findings of facts are conclusions without
- When the entry of judgment of the Court of Appeals is issued, a
citation of specific evidence on which they are
certified true copy of the judgment shall be attached to the original
based
record which shall be remanded to the clerk of the court from which
 the findings of fact of the Sandiganbayan are
the appeal was taken.
premised on the absence of evidence on record
Application of Certain Rules In Civil Procedure to Criminal Cases (Section
Decision If Opinion Equally Divided (Section 3 of Rule 125)
18 of Rule 124)
- When the Supreme Court en banc is equally divided in opinion or
- The provisions of Rules 42, 44 to 46 and 48 to 56 relating to
the necessary majority cannot be had on whether to acquit the
procedure in the Court of Appeals and in the Supreme Court in
appellant, the case shall again be deliberated upon and if no
original and appealed civil cases shall be applied to criminal cases
decision is reached after re-deliberation, the judgment of conviction
insofar as they are applicable and not inconsistent with the
of the lower court shall be reversed and the accused acquitted.
provisions of this Rule.

Procedure In The Supreme Court (Section 1 of Rule 125)

IV. REOPENING OF THE CASE (SECTION 24 OF RULE 119)
- UNIFORM PROCEDURE:
o Unless otherwise provided by the Constitution or by law, Reopening of the case
the procedure in the Supreme Court in original and in
appealed cases shall be the same as in the Court of Appeals. - WHEN REOPENING AVAILABLE:
o At any time before finality of the judgment of conviction,
Review of the decisions of the Court of Appeals (Section 2 of Rule 125) the judge may, motu proprio or upon motion, with hearing
in either case, reopen the proceedings to avoid a miscarrage
- The procedure for the review by the Supreme Court of decisions in
of justice. The proceedings shall be terminated within thirty
criminal cases rendered by the Court of Appeals shall be the same in
(30) days from the order granting it.
civil cases
- WHEN DOES A JUDGMENT BECOME FINAL: (Section 7 of Rule 120)
o SUPPLETORY APPLICATION OF PETITION FOR REVIEW ON
o Except where the death penalty is imposed, a judgment
CERTIORARI UNDER RULE 45 OF THE RULES OF COURT
becomes final: (LSWP)
o Exceptions on binding effect of judgment of lower courts
 After the lapse of the period for perfecting an
to higher courts (Coloma v. Sandiganbayan, GR No.
appeal, or
205561) (SIGMEA)
 When the sentence has been partially or totally
satisfied or served, or
  When the accused has waived in writing his right to EVIDENCE PROOF
appeal, or The means sanctioned by the rules, The effect of or result of evidence
 When the accused has applied for probation. of ascertaining in a judicial
proceeding the truth respecting a
______________________________________________________________ matter of fact

Construction of the Rules of Evidence (Section 6 of Rule 1 of the Rules of

Civil Procedure)

- These rules shall be liberally construed in order to promote their

objective of securing a just, speed, and inexpensive disposition of
every action and proceeding.
o (Anama v. Phil. Savings Bank GR, No. 187021)
o The liberal construction of the rule is not a license to violate
procedural requirements. Procedural rules are designed to
facilitate adjudication of cases (Abrenica v. Law Firm of
Abrenica, Tungol, and Tibayan, GR No. 169420)
o This same principle is applicable in:
 Electronic Evidence Rule (Section 2, Rule of AM No.
06-11-5SC)
EVIDENCE: (RULES 128-134)  Child Witness Examination Rule (Section 3 of AM
(*Rule 134 is now transposed to Part I. of the Rules of Court on the Rules on taking No. 004-07-SC)
Depositions and Modes of Discovery under Rules 23 and 24)
Kinds of Evidence
A. PRELIMINARY MATTERS INVOLVING EVIDENCE
GENERAL:
Evidence defined (Section 1 of Rule 128)
- Object/Real
- Evidence is the means sanctioned by these rules, of ascertaining in a o Those directly addressed to the senses of the court and
judicial proceeding the truth respecting a matter of fact consists of tangible things exhibited, viewed or
Distinguish Factum Probandum vs. Factum Probans demonstrated in open court (Section 1 of Rule 130)
- Documentary
FACTUM PROBANDUM FACTUM PROBANS o Those which consist of writing or any material containing
The ultimate fact sought to be The evidentiary fact by which letters, words, numbers, figures, symbols, or other modes of
established factum probandum is to be written expression offered as proof of their contents.
established - Testimonial
o Oral evidence given by the witness on the witness stand or
Distinguish Evidence v. Proof in any proceeding
SPECIFIC: (Some) - The rules of evidence shall be the same in all courts in all trials and
hearings, except as otherwise provided by law or these rules
- Direct Evidence
o Is the kind of evidence if believed proves the fact in issue DNA Evidence: Scope
- Circumstantial Evidence
- This Rule shall apply whenever DNA evidence as defined in section 3
o Evidence which proves a fact or series of facts which the
hereof is offered, used or proposed to be offered or used as
facts in issue may be established by inference
evidence in all
- Demonstrative Evidence
 Criminal or
o Kind of Evidence which demonstrates the real thing
 Civil actions
- Corroborative Evidence
 Special Proceedings
o Kind of evidence which merely supplements evidence which
has already been given Electronic Evidence: Scope
- Cumulative
- These Rules shall apply to all criminal and civil actions and
o Kind of evidence which is of the same kind and character
proceedings, as well as quasi-judicial and administrative cases
tending to prove the same proposition
- Positive Evidence Judicial Affidavit Rule: Scope
o Kind of evidence in which a witness affirms that a fact did or
- SCOPE OF APPLICATION OF JUDICIAL AFFIDAVIT RULE
did not occur
o (a) This Rule shall apply to all actions, proceedings, and
- Negative Evidence
incidents requiring the reception of evidence before:
o is a testimony that a certain fact did not exist
 (1) The Metropolitan Trial Courts, the Municipal
Sources of the Rules of Evidence Trial Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari' a
- 1987 Constitution
Circuit Courts but shall not apply to small claims
- Rules 128-134 of the Rules of Court
cases under A.M. 08-8-7-SC;
- Resolution of the Supreme Court dated March 14, 1989 on the
 (2) The Regional Trial Courts and the Shari'a District
proposed Rules of Evidence
Courts;
- Judicial Affidavit Rule (AM No. 12-8-8-SC)
 (3) The Sandiganbayan, the Court of Tax Appeals,
- Child Witness Examination Rule (AM No. 004-07-SC)
the Court of Appeals, and the Shari'a Appellate
- DNA Evidence Rule (AM No. 06-11-5-SC)
Courts;
- Rule 115 of the Rules on Criminal Procedure (Rights of the Accused)
 (4) The investigating officers and bodies authorized
- RA 4200 aka Anti Wire-Tapping Act
by the Supreme Court to receive evidence, including
- RA 9372 aka Human Securities Act
the Integrated Bar of the Philippine (IBP); and
- Substantive and Remedial Statute
 (5) The special courts and quasi-judicial bodies,
- Judicial Decisions of the Supreme Court
whose rules of procedure are subject to disapproval
Scope of the Rules of Evidence (Section 2 of Rule 128) of the Supreme Court, insofar as their existing rules
 of procedure contravene the provisions of this o Where the evidence at the time of its offer appears to be
Rule.1 immaterial or irrelevant, unless it is connected with the
- MEANING OF THE TERM COURT(b) For the purpose of brevity, the other facts to be subsequently proved, such evidence may
above courts, quasi-judicial bodies, or investigating officers shall be be received on condition that the other facts will be proved
uniformly referred to here as the "court." thereafter, otherwise the evidence already given will be
- SCOPE OF APPLICABILITY IN CRIMINAL CASES (JUDAF RULE) stricken out
o (a) This rule shall apply to all criminal actions: - Multiple Admissibility
 (1) Where the maximum of the imposable penalty o Where the evidence is relevant and competent for two or
does not exceed six years; more purposes, such evidence should be admitted for any
 (2) Where the accused agrees to the use of judicial or all the purposes for which it is offered provided it
affidavits, irrespective of the penalty involved; or satisfies all the requirements of law for its admissibility
 (3) With respect to the civil aspect of the actions, therefore
whatever the penalties involved are.  Example: Oral statement of a dying person may be
treated as a dying declaration if such a person dies,
Cases Wherein Rules of Evidence is Not Applicable (Section 4 of Rule 1)
otherwise it will be considered as part of res gestae.
- These Rules shall not apply to: (ELCNIOLI) - Curative Admissibility
o Election Cases o This doctrine treats upon the right of a party to introduce
o Land Registration proceedings incompetent evidence in his behalf where the court has
o Cadastral proceedings admitted the same kind of evidence adduced by the adverse
o Naturalization party. It is allowed to answer the inadmissible evidence
o Insolvency proceedings  Requisites of Curative Admissibility:
o Other cases not mentioned in Section 4 of Rule 1  Whether the incompetent evidence was
o Labor Cases seasonably objected to
o Impeachment Cases  Whether regardless of the objection, the
 Exceptions to the non applicability of the Rules of admission of such evidence will cause a
Court plain and unfair prejudice to the party
 Suppletory in Character whom it was admitted.
 Whenever practicable and convenient When to determine admissibility of evidence
Admissibility of Evidence (Section 3 of Rule 128) o At the time it is offered to the court (Rule 132 Section 35)
- Evidence is admissible when it is relevant to the issue and is not o Object evidence
excluded by the law or these Rules  When it is presented in court for its viewing or
evaluation
Kinds of Admissibility o Testimonial evidence
- Conditional Admissibility  At the time the witness is called on the witness
stand
 o Documentary Evidence  (2) Evidence offered to prove the sexual
 When it is formally offered and before resting of the predisposition of the alleged victim.
case - EXCEPTION:
o (b) Exception. - Evidence of specific instances of sexual
Distinguish between Admissibility of Evidence and Probative Weight of
behavior by the alleged victim to prove that a person other
Evidence.
than the accused was the source of semen, injury, or other
ADMISSIBILITY PROBATIVE WEIGHT OF EVIDENCE physical evidence shall be admissible.
Refers to the question of whether Refers to the question of whether
Relation to Section 2 of Article III of the 1987 Constitution (Right against
or not the circumstance (or or not it proves an issue
Unreasonable Searches and Seizures)
evidence) is to be considered at all
- The right of people to be secure in their persons, houses, papers,
Distinguish between Admissibility of Evidence and Credibility of Evidence and effects against unreasonable searches and seizers of whatever
nature and for any purposes shall be inviolable. No search warrant
ADMISSIBILITY OF EVIDENCE CREDIBILITY OF EVIDENCE or warrant or arrest shall issue except upon probable cause to be
Refers to the duty of the court to Refers to the worthiness of belief determined personally by the judge after examination under oath or
receive or allow the evidence of evidence affirmation of the complainant and the witnesses he may produce,
and particularly describing the place to be searched or the person or
*Objection to the admissibility of evidence cannot be raised for the first thing to be seized.
time on appeal (People v. Salak, GR No. 181249)
Requisites under the Constitution for a valid Search Warrant or Warrant of
Admissibility of Electronic Document (Section 2, Rule 3 of the Electronic Arrest to Issue.
Evidence Rule, AM no. 01-7-01-sc)
- No search warrant or warrant of arrest shall issue except:
- An electronic document is admissible in evidence if: o Upon Probable Cause
o It complies with the rules on admissibility prescribed by the o To be personally determined by the judge
Rules of Court and related laws; and o After examination under oath or affirmation of the
o It is authenticated in the manner prescribed by these Rules complainant and the witnesses he may produce
 In relation to Section 2 of Rule 5 of Am No. 01-7-01- o Particularly describing the place to be searched or the
sc person or thing to be seized.
Rape Shield Rule (Section 30 of AM NO. 004-07-sc) Relation to Section 3(2) of Article III of the Constitution (Right to Privacy)
- RULE ON SEXUAL ABUSE SHIELD: - The Privacy of Communication and Correspondence shall be
o (a) Inadmissible evidence. - The following evidence is not inviolable except
admissible in any criminal proceeding involving alleged child o Upon Lawful order of the Court or
sexual abuse: o When public safety, and order requires otherwise as
 (1) Evidence offered to prove that the alleged victim prescribed by law
engaged in other sexual behavior; and
 - Any evidence obtained in violation of this or the preceding section (Di ako sure dun sa last 3 pero yan yung naaalala ko from Dean Tan’s
shall be inadmissible for any purpose in any proceeding Lectures)
o This is known as the Doctrine of the Fruit of the Poisonous
Relation to Section 12 of Article III of the 1987 Constitution
Tree (People v. Burgos, 144 SCRA 1)
 If the warrant issued by the judge did not comply - Any person under investigation for the commission of a criminal
with the requisites of law, and therefore, void or offense shall have: (SCTIP)
when the search made without warrant is o The right to be informed of his right to be silent
unjustifiable, whether it is found or discovered o To have a competent and impartial counsel preferably of his
afterwards, cannot be used as evidence against the own choice. If the person cannot afford the services of
suspect. counsel, he shall be provided with one (in rel with Rule 122
 The items or articles obtained are the “Fruits of the Sec. 13 and Rule 124 Sec. 2). These rights cannot be waived
Poisonous tree” except in writing and in presence of counsel.
o No torture, force, violence, threat, intimidation or any
Searches incidental to a Lawful Arrest (Section 13 of Rule 126)
manner which would vitiate the consent shall be used
- A person lawfully arrested may be searched for dangerous against him. Secret detention places, solitary,
weapons or anything which may have been used or constitute proof incommunicado, or other similar forms of detention are
in the commission of an offense without a search warrant. prohibited.
- Relate this section with Section 5(a) of Rule 113 on the rule on o Any confession or admission obtained in violation of this
Warrantless Arrests or Section 17 hereof shall be inadmissible in evidence
against him.
General Rule: Search and Seizure must be with Judicial Warrant*
o The law shall provide for penal and civil sanctions for
Instances of a Warrantless Search (Exception to the General Rule above) violations of this section as well as compensation to the
(IPVESSCAC) rehabilitation of the victims of torture or similar practices
and their families
- Searches Incidental to a Lawful Arrest (Section 13, Rule 126)
- Plainview Doctrine (Seizure of evidence in plainview) Further relation to Extrajudicial Confession (Section 3 of Rule 133)
- Search of a moving vehicle
- An extrajudicial confession made by an accused, shall not be
- Consented Warrantless Searches
sufficient ground for conviction, unless corroborated by evidence of
- Customs Search
corpus delicti.
- Stop and Frisk
- Corpus Delicti (Body of the Crime)
- Exigent and Emergency Searches
- Airport Search Requisites for the Admissibility of Illegal Drugs (Abalahin v. People, GR No.
- COMELEC Checkpoints 191023): Chain of Custody Rule
- Search done for Security Reasons
- Inspection of Building or other premises for enforcement of fire, - That the accused is in possession of the object identified as
sanitary and building regulations (People v. Rodriguez, 205 SCRA prohibited or regulated drug
791) - That such possession is not authorized by law and,
 - That the accused freely and consciously possessed the said drug - Is whether an item of evidence will have any value, as determined
by logic and experience, in proving the proposition for which it is
Requirements of Chain of Custody Rule (People v. Mantawil, GR No.
offered, or whether it would reasonably and actually tend to prove
188319)
or disprove any matter of fact in issue, or corroborate other
- Testimony about every link in the chain, from the moment the relevant evidence.
item was picked up to the time it is offered into evidence
Doctrine of Falsius in Ino Falsius Omnibus (People v. Galvez, GR No.
- Witnesses should describe the precautions taken to ensure that 181827)
there had been no change in the condition of the item and no opportunity
- Deals only with the weight of evidence and is not a positive rule of
for someone not in the chain have possession of them
law and the same is not an inflexible one of universal application.
*The chain of custody rule as a method of authenticating evidence requires,
Negative Evidence; Alibi
that the admission of an exhibit be preceded by evidence sufficient to
support a finding that the matter in question is what the proponent claims it - Alibi is an inherently weak defense because it is easy to fabricate
to be. and highly unreliable
o If such is unsubstantiated by clear and convincing evidence,
- it is essential in establishing the link between the article
such has no weight in law and cannot be given greater
confiscated from the accused to the evidence that is ultimately presented to
evidentiary value than the positive testimony of a rape
the court for its appreciation
vixtim. (People v. Onyong, GR No. 183827)
Relevancy and Collateral Matters (Section 4 of Rule 128) - Requisites for alibi to prosper: (Rondina v. Peoplem GR No.
170059)
- WHEN EVIDENCE IS RELEVANT
o The appellant was at a different place at the time the crime
o Evidence must:
was committed
 Have such a relation to the fact in issue as to o It was physically impossible for him to be at the crime scene
 induce belief in its existence or non-existence.
at the time of its commission
- RULE ON ADMISSIBILITY OF COLLATERAL MATTERS
 Physical Impossibility defined (People v. Zapuiz, GR
o Evidence on collateral matters shall not be allowed, except
No. 199713)
when it tends in any reasonable degree to establish the
 Refers to the distance between the place
probability or improbability of the fact in issue.
where the appellant was when the crime
Distinguish Relevancy from Competency transpired and the place where it was
committed as well as the facility of access
RELEVANCY COMPETENCY between the two places
Evidence must have a relation to Evidence must not be excluded by  When there is the least chance for the
the fact in issue as to induce belief law or by the rules
accused to be present at the crime scene,
as to its existence or non-existence
the defense of alibi must fail.

B. CONSTITUTIONAL PROVISIONS RELATED TO EVIDENCE

Test of Relevancy (People v. Makasulay, GR No. 181042)
 I. DUE PROCESS OF LAW AND EQUAL PROTECTION OF LAWS (Article III o particularly describing the place to be searched and the
Section 1, 1987 Constitution) things to be seized which may be anywhere in the
Philippines
- no person shall be deprived of life, liberty, and property without
due process of law *Read Constitutional Provision in relation to Rule 126 Section 4 and Rule
- nor shall any person be denied the equal protection of laws 112 Section 5 (when a warrant of arrest may issue)
II. RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES (Article III III. RIGHT TO PRIVACY OF COMMUNICATION AND CORRESPONDENCE
Section 2, 1987 Constitution) (Article III Section 3 (1)(2) 1987 Constitution)
- The right of people to be secure in their persons, houses, papers, - The Privacy of Communication and Correspondence shall be
and effects against unreasonable searches and seizers of whatever inviolable except
nature and for any purposes shall be inviolable. No search warrant o Upon Lawful order of the Court or
or warrant or arrest shall issue except upon probable cause to be o When public safety, and order requires otherwise as
determined personally by the judge after examination under oath or prescribed by law
affirmation of the complainant and the witnesses he may produce, - Any evidence obtained in violation of this or the preceding section
and particularly describing the place to be searched or the person or shall be inadmissible for any purpose in any proceeding
thing to be seized.
IV. RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION (Article III
Requisites under the Constitution for a valid Search Warrant or Warrant of Section 12, 1987 Constitution)
Arrest to Issue.
- Any person under investigation for the commission of a criminal
- No search warrant or warrant of arrest shall issue except: offense shall have: (SCTIP)
o Upon Probable Cause o The right to be informed of his right to be silent
o To be personally determined by the judge o To have a competent and impartial counsel preferably of his
o After examination under oath or affirmation of the own choice. If the person cannot afford the services of
complainant and the witnesses he may produce counsel, he shall be provided with one (in rel with Rule 122
o Particularly describing the place to be searched or the Sec. 13 and Rule 124 Sec. 2). These rights cannot be waived
person or thing to be seized. except in writing and in presence of counsel.
o No torture, force, violence, threat, intimidation or any
Requisites under Rule 126 Section 4 for a valid Search Warrant to issue
manner which would vitiate the consent shall be used
- A search warrant shall not issue except: against him. Secret detention places, solitary,
o Upon Probable Cause incommunicado, or other similar forms of detention are
o In connection with one Specific Offense prohibited.
o To be personally determined by the judge o Any confession or admission obtained in violation of this or
o After examination under oath or affirmation of the Section 17 hereof shall be inadmissible in evidence against
complainant and the witnesses he may produce him.
o The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to the
 rehabilitation of the victims of torture or similar practices - All persons shall have the right to a speedy disposition of cases
and their families before:
o All judicial
V. RIGHT TO BAIL (Article III Section 13, 1987 Constitution)
o Quasi-judicial
- All persons, except those charged with offenses punishable with o or Administrative bodies
reclusion perpetua when evidence of is strong, shall, before - Factors to determine delay (Infringement of the right of speedy
conviction, be bailable by sufficient sureties or be released on disposition of cases)
recognizance as provided by law. The right to bail shall not be o Duration of the Delay
impaired even if the privilege of habeas corpus is suspended. o Reason of the Delay
Excessive bail shall not be required. o Assertion or failure to assert the right
o Prejudice caused by the delay (Mari v. Gonzales GR. No.
VI. RIGHTS OF THE ACCUSED (Article III Section 14, 1987 Constitution)
187728)
- No person shall be held to answer for a criminal offense without
due process of law
SPEEDY TRIAL (Section 14) SPEEDY DISPOSITION OF CASES
- In all criminal prosecutions, the accused shall:
(Section 16)
o have the right to be presumed innocent until the contrary is
proved
o shall enjoy the right to be heard by himself and counsel Is a Statutory Right and a Is a Constitutional Right and
Criminal law concept applicable to all cases
o to be informed of the nature and the cause of the
accusation against him Available only to the accused Applicable to all proceedings and
o to have a speedy, public, and impartial trial extends to all persons
o to meet the witness face to face,
o and to have a compulsory process to secure the attendance
of witnesses and the production of evidence on his behalf VIII. RIGHT AGAINST SELF INCRIMINATION (Article III Section 17, 1987
Constitution)
Requisites of Trial in Absentia (Article III Section 14, par 2, last sentence)
- No person shall be compelled to be a witness against himself
- However after arraignment, trial may proceed notwithstanding the
absence of the accused: Provided that he has been duly notified and Rule 115 Section 1 on Self Incrimination
his failure to appear is unjustifiable
- “To exempt him from being compelled to be a witness against
o In other words:
himself.”
 Accused must have been arraigned
 Accused must be absent for trial Rule 132 Section 3(4) on Self Incrimination
 Accused must have been notified of such trial and
- “Right of the witness not to give an answer which will tend to
 Accused’s absence must have been unjustifiable
subject him to a penalty for an offense unless otherwise provided by
VII. RIGHT TO SPEEDY DISPOSITION OF CASES (Article III Section 16 of 1987 law.”
Constitution)
*The privilege of the right of Self Incrimination applies only to evidence - No petition for review or motion for reconsideration of a decision of
which requires testimonial compulsion. the court shall be refused due course without stating the legal basis
therefor
IX. POWER TO PROMULGATE RULES OF PROCEDURE SHARED BY THE
SUPREME COURT AND CONGRESS (Article XVIII Section 10, 1987 C. WHAT NEED NOT BE PROVED (RULE 129)
Constitution)
Judicial Notice defined:
- All courts existing at the time of the ratification of the Constitution
- means that what is known need not be proved
shall continue to exercise their jurisdiction, until otherwise provided
by law. The Provisions of the existing Rules of Court, judiciary acts, Purpose:
and procedural laws, not inconsistent with this constitution shall
remain operative unless amended or repealed by the Supreme - Judicial notice by the court is made for the purpose of:
Court or Congress o Taking the place of proof in connection with the issue in the
case
X. RULE MAKING POWER OF THE SUPREME COURT (Article VIII Section 5 o It will abbreviate the proceedings
par. 5 of the 1987 Constitution)
Requisites of Judicial Notice (GAJ)
- The Supreme court in the exercise of its rule making power shall
promulgate rules concerning: (RAIL) - That it must be a matter of general or common knowledge
o The protection and enforcement of constitutional rights, - That it must be well and authoritatively settled
pleadings, practice, and procedure in all courts; - That it must be known to be within the limits of the jurisdiction of
o The admission to the practice of law the court
o The Integrated bar Principle on which Judicial Notice is based
o and Legal assistance to the underprivileged
- Such rules however shall: (SUD) - Convenience
o provide for a simplified and inexpensive procedure for the o considering that parties will be relieved of its duty to
speedy disposition of cases present proof on facts which is already judicially known to
o shall be uniform in all courts of the same grade the judge
o and shall not diminish, increase or modify substantive rights - Expediency
o considering that the trial will be more speedy and
- The Rules of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme Court expeditious since facts already known to the judge require
no more presentation of proof.
XI. CONSTITUTIONAL REQUIREMENTS ON JUDGMENT/DECISIONS AND
FINAL ORDERS (Article VIII Section 14 of 1987 Constitution) When Judicial Notice is Mandatory (Section 1 of Rule 129)

- No court shall render a decision without stating clearly and - MANDATORY JUDICIAL NOTICE:
distinctly the facts and law on which it is based o A court shall take judicial notice, without the introduction of
evidence of: (EPFLACALMG)
 The existence and territorial extent of states,
 Their political history,
  Forms of government and symbols of nationality, o The issue involved is one of fact and not of law;
 The law of nations, o The foreign law must be proved like any other fact
 The admiralty and maritime courts of the world and  Exception (AU)
their seals,  When the court has actual knowledge of
 The political constitution and history of the foreign laws
Philippines,  When the court has already ruled upon in a
 The official acts of legislative, executive and judicial case involving said foreign law
departments of the Philippines,
 The laws of nature, - RULE ON IF COURTS ARE MANDATORILY REQUIRED TO TAKE
 The measure of time, and JUDICIAL NOTICE OF LAWS AND MUNICIPAL ORDINANCES
 The geographical divisions. o In the case of Metropolitan Trial Courts/Municipal Trial
o Other matters that the court should take judicial notice of Courts/Municipal Circuit Trial Courts
mandatorily  They are required to take judicial notice of the laws
 Amendment to the Rules of Court and the ordinances of the city or municipality where
 Decisions of the Supreme Court they sit
 Official acts or declarations of the President o In the case of Regional Trial Courts
 Banking practices  They are mandatorily required to take judicial
 Financial status of the government notice of laws of the land
 Powers of the President  In case of ordinances, the Regional Trial Courts are
 Court records not mandatorily required to take judicial notice of
such except in the following instances: (RAU)
When Judicial Notice is Discretionary (Section 2 of Rule 129)
 When it is required by law or statute
- DISCRETIONARY JUDICIAL NOTICE: (PUJ)  In case of appeal involving the ordinance
o A court may take judicial notice of:  In case of issue of facts which are of
 matters which are of public knowledge, or unquestionable demonstration
 are capable to unquestionable demonstration, or
 ought to be known to judges because of their When Hearing necessary in Judicial Notice (Section 3 of Rule 129)
judicial functions - WHEN HEARING IS NECESSARY IN CASE OF TAKING OF JUDICIAL
Doctrine of Presumed Identity Approach (Processual Presumption) NOTICE:
o DURING TRIAL
- When a foreign law is not pleaded or, even if pleaded, is not proved,  During the trial, the court, on its own initiative, or
the presumption is that foreign law is the same as ours (ATCI on request of a party, may announce its intention to
Overseas Corporation v. Echin, GR No. 178551, 2010) take judicial notice of any matter and allow the
parties to be heard thereon.
- Requirements in order for the court to take judicial notice of o AFTER TRIAL BUT BEFORE JUDGMENT
foreign laws: (FP)
  After the trial, and before judgment or on appeal, Distinctions between Judicial Admission and Judicial Confession
the proper court, on its own initiative or on request
JUDICIAL ADMISSION JUDICIAL CONFESSION
of a party, may take judicial notice of any matter
An admission, verbal or written, An acknowledgement of one’s guilt
and allow the parties to be heard thereon if such
made by a party in the course of in the same case
matter is decisive of a material issue in the case.
the proceedings in the same case
Judicial Admissions (Section 4 of Rule 129) Does not result into liability Connotes the admission of one’s
liability
- JUDICIAL ADMISSION DEFINED May be express or implied Must be always express or tacit
o An admission, verbal or written, made by the party in the Is more of a broader scope which Is only limited to a confession of a
course of the proceedings in the same case, does not includes judicial confession person
require proof. Made by any party Can only be made by the accused in
o The admission may be contradicted only by showing that it a criminal proceeding
was made through palpable mistake or that no such
admission was made. Distinctions between Judicial Admission and Extra-Judicial Admission
o Requisites for a valid judicial admission: (Republic v.
Sandiganbayan, GR No. 166859): (DCU) JUDICIAL ADMISSION EXTRA-JUDICIAL ADMISSION
 Definite Made in the same case Made in another case or out of
 Certain court admission
 Unequivocal Need not be proven by the party Needs to be alleged and proven
- Purpose of admission; It cannot be contradicted except through being conclusive on the part of the like any other fact
admitter, unless it was made
palpable mistake; Liberality in application (Republic v. Cojuangco,
through palpable mistake or when
GR No. 180702)
there is no admission made
o Although acts or facts admitted do not require proof and
cannot be contradicted, however, evidence aliunde can be
presented to show that the admission was made through Instances where judicial admissions can be made
palpable mistake
- Admissions made:
 Mere denial for lack of knowledge is insufficient
o in the pleadings
because admission in the answer can only be
o during pre-trial conference
contradicted by palpable mistake (Equitable v.
o in motions filed before the court
Capistrano (GR No. 180157)
o The rule is always in favor of liberality in construction of o by the witnesses on the witness stand
pleadings so that the real matter in dispute may be o in the answer in the written interrogatories
submitted to the judgment of the court o in open court during trial
- Extrajudicial confession made by a conspirator becomes judicial o on testimonies, deposition and affidavits
admission of he repeats the same in court (People v. Janjalani, GR - Agreement of facts by the parties
No. 188314) Hypothetical Admission Rule (Rule 16 of the Rules of Court)
 - When a motion to dismiss is filed, the material allegations of the - Limitations on the “Implied Admission Rule”?
complaint are deemed to be hypothetically admitted. o The redundant and unnecessarily vexatious nature of
- This hypothetical admission, extends not only from the relevant and petitioner’s request for admission rendered it to be
material facts well pleaded in the complaint, but also to inferences ineffectual, futile and irrelevant so as to proscribe the
that may be fairly deduced from them (Municipality of Hagonoy operation of the implied admission rule. There being no
Bulcan v. Dumdum Jr., GR No. 168289) implied admission attributable to respondents’ failure to
respond, the argument that a preliminary hearing is
Implied Admission in Case of a Request for Admission By Adverse Party
imperative loses its point (Limos v. Spouses Odones, GR no.
(Section 2 of Rule 26 of the Rules on Civil Procedure)
186979)
- WHAT ARE THE ACTIONS THAT CAN BE MADE BY THE PARTY A - Admissions in Case of Judgment on the Pleadings
WRITTEN FOR REQUEST FOR ADMISSION IS SERVED?: o A motion for judgement on the pleadings admits the truth
o Each of the matters of which an admission is requested shall of all the material and relevant allegations of the opposing
be deemed admitted unless, within a period designated in party and the judgment must rest on those allegations
the request, which shall not be less than fifteen (15) days taken together with such other allegations as are admitted
after service thereof, or within such further time as the in the pleadings (Municipality of Tiwi v. Betito, GR No.
court may allow on motion, the party to whom the request 171873)
is directed:
Implied Judicial Admission in case of Offer of Compromise (Section 27 of
 Files and serves upon the party requesting the
Rule 130)
admission a sworn statement either denying
specifically the matters of which an admission is Offer of Compromise defined
requested or setting forth in detail the reasons why
- an offer to settle a dispute or difference amicably for the purpose of
he cannot truthfully either admit or deny those
avoiding a lawsuit and without admitting liability (Black’s Law
matters.
Dictionary)
- Objections to any request for admission shall be submitted to the
court by the party requested within the period for and prior to the
- RULE ON OFFER OF COMPROMISE IN CRIMINAL CASES:
filing of his sworn statement as contemplated in the preceding
o In criminal cases,an offer of compromised by the accused
paragraph and his compliance therewith shall be deferred until such
objections are resolved, which resolution shall be made as early as may be received in evidence as an implied admission of
practicable. guilt.
- What is the implied admission Rule? (Manzano v. Despabiladeras, o Except:
GR no. 148786)  those involving quasi-offenses (criminal negligence)
o The rule states that the silence of the defendant on the or
plaintiff’s request for admission amounts to an implied  those allowed by law to be compromised:
acceptance of the facts set forth therein with the effect that  Section 284 of National Internal Revenue
plaintiff’s claim stood undisputed Code (Offer of Compromise on internal
- Remedy of the person making an implied admission: revenue taxes)
o Motion to be Relieved of Implied Admission  Offer of marriage in case of rape
  Criminal negligence cases under Article 365  Conduct a searching inquiry into the voluntariness
of the Revised Penal Code and full comprehension of the consequences of his
plea, and
Plea Of Guilty to a Lesser Offense (Section 2 of Rule 116)
 Require the prosecution to prove his guilt and the
- PLEA GUILTY TO A LESSER OFFENSE HOW AND WHEN MADE: precise degree of culpability.
o At arraignment, the accused, with the consent of the  The accused may present evidence in his behalf
offended party and the prosecutor, may be allowed by the
Plea of Guilty to a Non-Capital Offense (Section 4 of Rule 116)
trial court to plead guilty to a lesser offense which is
necessarily included in the offense charged. - RULE IF ACCUSED PLEADS GUILTY TO A NON CAPITAL OFFENSE:
- CHANGE OF PLEA OF NOT GUILTY TO A PLEA TO A LESSER o When the accused pleads guilty to a non-capital offense, the
OFFENSE; WHEN ALLOWED: court may receive evidence from the parties to determine
o After arraignment but before trial, the accused may still be the penalty to be imposed.
allowed to plead guilty to said lesser offense after - NOTE: Plea has no effect if it does not constitute a crime (People v.
withdrawing his plea of not guilty. Velasco (89 Phil. 512)
- RULE ON AMENDMENT AFTER PLEA TO A LESSER OFFENSE WAS - Factors to be considered by the court in the exercise of discretion
MADE: in case of plea of guilty:
o No amendment of the complaint or information is o The gravity of the offense charged and the probability that
necessary. the accused did not understand fully the meaning of his
plea and the consequences thereof. (People v. Acosta, 98
Effect of plea to a lesser offense if without the consent of the prosecutor
Phil. 642)
and offended party (People v. De Luna, 174 SCRA 204)
D. BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY
- The conviction of the accused to a lesser offense is not a bar to
OF EVIDENCE (RULES 131 AND 133)
another prosecution for an offense which necessarily includes the
offense charged in the former information, when the plea is made Burden of Proof defined (Section 1 of Rule 131)
without the consent of the prosecutor and the offended party.
- Burden of proof is the duty of a party to present evidence on the
In relation to Section 27 of Rule 130 of the Rules on Evidence facts in issue necessary to establish his claim or defense by the
amount of evidence required by law.
- An unaccepted plea of guilty to a lesser offense, is not admissible in
evidence against the accused who made the plea or offer. Burden of Evidence defined

Plea of Guilty to a Capital Offense (Section 3 of Rule 116) (In relation to - The logical necessity which rests upon a party at any particular time
Section 6 of Rule 114) during the trial to create a prima facie case in his favor or to
overthrow one created against him.
- DUTY OF THE COURT IF ACCUSED PLEADS GUILTY TO A CAPITAL
OFFENSE Distinguish Burden of Proof vs. Burden of Evidence
o When the accused pleads guilty to a capital offense, the
BURDEN OF PROOF BURDEN OF EVIDENCE
court shall: (CRA)
Does not shift as it remains Shifts from party to party
 throughout the trial with the party depending on the exigencies of the  (a) Whenever a party has, by his own
upon whom it is imposed case declaration, act, or omission, intentionally
Determined by the pleadings filed Determined by the developments in and deliberately led to another to believe a
by the party trial or by the provisions of particular thing true, and to act upon such
substantive law or procedural rules belief, he cannot, in any litigation arising
which may relieve the party from out of such declaration, act or omission, be
presenting evidence of the fact
permitted to falsify it:
alleged
 ESTOPPEL AGAINST TENANT (131)
 (b) The tenant is not permitted to deny the
Who has the Burden of Proof in the Following Cases: title of his landlord at the time of
commencement of the relation of landlord
- Criminal cases – Prosecution
and tenant between them
- Civil Cases – the party who asserts affirmative allegations
 CONCLUSIVENESS OF JUDGMENT
- Any other proceeding – the party who would be defeated if no
 The judgment or order of the court when
evidence were given on either side
declared by the court to be conclusive
Presumption Defined  KNOWLEDGE OF THE LAW (Article 3 New Civil
Code)
- Logical inference of the truth or falsity at a point in dispute  This knowledge is presumed and its
Presumption in Law defined ignorance is not a defense for violation

- An inference as to the existence of a fact not actually known, arising Disputable Presumptions (Section 3 of Rule 131)
from its usual connection with another which is known KUNG MASYADONG MADAMI YAN ETO ANG EASY 10 DISPUTABLE
Kinds of Presumptions under the Rules PRESUMPTIONS!!! (Eto lang tandaan niyo okay na)*

- CONCLUSIVE PRESUMPTIONS (Section 2 of Rule 131) (IUPWOCBOOC)

o Presumptions which always holds as true and cannot be - That a person is innocent of crime or wrong
overcome by evidence to the contrary - That an unlawful act was done with unlawful intent
- DISPUTABLE PRESUMPTIONS (Section 3 of Rule 131) - That private transactions have been fair and regular
o Presumptions of law which always holds true only as long as - That a writing is truly dated
they are not overcome by competent evidence to the - That the ordinary course of business is followed
contrary - That a person takes ordinary care of his concerns
Conclusive Presumptions (Section 2 of Rule 131) - That a thing delivered by one to another belonged to the latter
- That an obligation delivered up to the debtor had been paid
- KINDS OF CONCLUSIVE PRESUMPTIONS - That the law has been obeyed
o The following are instances of conclusive presumptions: - That there was sufficient consideration for a contract
 ESTOPPEL IN PAIS (131)
Rule 131 List of Disputable presumptions
- The following presumptions are satisfactory if uncontradicted, but - (s) That a negotiable instrument was given or indorsed for a
may be contradicted and overcome by other evidence: sufficient consideration;
- (a) That a person is innocent of crime or wrong; - (t) That an endorsement of negotiable instrument was made
- (b) That an unlawful act was done with an unlawful intent; before the instrument was overdue and at the place where the
- (c) That a person intends the ordinary consequences of his instrument is dated;
voluntary act; - (u) That a writing is truly dated;
- (d) That a person takes ordinary care of his concerns; - (v) That a letter duly directed and mailed was received in the
- (e) That evidence willfully suppressed would be adverse if regular course of the mail;
produced; - (w) That after an absence of seven years, it being unknown
- (f) That money paid by one to another was due to the latter; whether or not the absentee still lives, he is considered dead for
- (g) That a thing delivered by one to another belonged to the all purposes, except for those of succession.
latter; - The absentee shall not be considered dead for the purpose of
- (h) That an obligation delivered up to the debtor has been paid; opening his succession till after an absence of ten years. If he
- (i) That prior rents or installments had been paid when a receipt disappeared after the age of seventy-five years, an absence of
for the later one is produced; five years shall be sufficient in order that his succession may be
- (j) That a person found in possession of a thing taken in the opened.
doing of a recent wrongful act is the taker and the doer of the - The following shall be considered dead for all purposes
whole act; otherwise, that things which a person possess, or including the division of the estate among the heirs:
exercises acts of ownership over, are owned by him; - (1) A person on board a vessel lost during a sea voyage, or an
- (k) That a person in possession of an order on himself for the aircraft with is missing, who has not been heard of for four
payment of the money, or the delivery of anything, has paid the years since the loss of the vessel or aircraft;
money or delivered the thing accordingly; - (2) A member of the armed forces who has taken part in armed
- (l) That a person acting in a public office was regularly appointed hostilities, and has been missing for four years;
or elected to it; - (3) A person who has been in danger of death under other
- (m) That official duty has been regularly performed; circumstances and whose existence has not been known for
- (n) That a court, or judge acting as such, whether in the four years;
Philippines or elsewhere, was acting in the lawful exercise of - (4) If a married person has been absent for four consecutive
jurisdiction; years, the spouse present may contract a subsequent marriage
- (o) That all the matters within an issue raised in a case were laid if he or she has well-founded belief that the absent spouse is
before the court and passed upon by it; and in like manner that already death. In case of disappearance, where there is a
all matters within an issue raised in a dispute submitted for danger of death the circumstances hereinabove provided, an
arbitration were laid before the arbitrators and passed upon by absence of only two years shall be sufficient for the purpose of
them; contracting a subsequent marriage. However, in any case,
- (p) That private transactions have been fair and regular; before marrying again, the spouse present must institute a
- (q) That the ordinary course of business has been followed; summary proceedings as provided in the Family Code and in the
- (r) That there was a sufficient consideration for a contract; rules for declaration of presumptive death of the absentee,
 without prejudice to the effect of reappearance of the absent - (ff) That the law has been obeyed;
spouse. - (gg) That a printed or published book, purporting to be printed
- (x) That acquiescence resulted from a belief that the thing or published by public authority, was so printed or published;
acquiesced in was conformable to the law or fact; - (hh) That a printed or published book, purporting contain
- (y) That things have happened according to the ordinary course reports of cases adjudged in tribunals of the country where the
of nature and ordinary nature habits of life; book is published, contains correct reports of such cases;
- (z) That persons acting as copartners have entered into a - (ii) That a trustee or other person whose duty it was to convey
contract of copartneship; real property to a particular person has actually conveyed it to
- (aa) That a man and woman deporting themselves as husband him when such presumption is necessary to perfect the title of
and wife have entered into a lawful contract of marriage; such person or his successor in interest;
- (bb) That property acquired by a man and a woman who are - (jj) That except for purposes of succession, when two persons
capacitated to marry each other and who live exclusively with perish in the same calamity, such as wreck, battle, or
each other as husband and wife without the benefit of marriage conflagration, and it is not shown who died first, and there are
or under void marriage, has been obtained by their joint efforts, no particular circumstances from which it can be inferred, the
work or industry. survivorship is determined from the probabilities resulting from
- (cc) That in cases of cohabitation by a man and a woman who the strength and the age of the sexes, according to the
are not capacitated to marry each other and who have acquire following rules:
properly through their actual joint contribution of money, - 1. If both were under the age of fifteen years, the older is
property or industry, such contributions and their deemed to have survived;
corresponding shares including joint deposits of money and - 2. If both were above the age sixty, the younger is deemed to
evidences of credit are equal. have survived;
- (dd) That if the marriage is terminated and the mother - 3. If one is under fifteen and the other above sixty, the former is
contracted another marriage within three hundred days after deemed to have survived;
such termination of the former marriage, these rules shall - 4. If both be over fifteen and under sixty, and the sex be
govern in the absence of proof to the contrary: different, the male is deemed to have survived, if the sex be the
- (1) A child born before one hundred eighty days after the same, the older;
solemnization of the subsequent marriage is considered to have - 5. If one be under fifteen or over sixty, and the other between
been conceived during such marriage, even though it be born those ages, the latter is deemed to have survived.
within the three hundred days after the termination of the - (kk) That if there is a doubt, as between two or more persons
former marriage. who are called to succeed each other, as to which of them died
- (2) A child born after one hundred eighty days following the first, whoever alleges the death of one prior to the other, shall
celebration of the subsequent marriage is considered to have prove the same; in the absence of proof, they shall be
been conceived during such marriage, even though it be born considered to have died at the same time.
within the three hundred days after the termination of the
Rule on Legitimacy and Filiation (Section 4 of Rule 131)
former marriage.
- (ee) That a thing once proved to exist continues as long as is - There is no presumption of legitimacy of a child born after three
usual with things of the nature; hundred days following the dissolution of the marriage or the
 separation of the spouses. Whoever alleges the legitimacy or o In determining where the preponderance or superior
illegitimacy of such child must prove his allegation. weight of evidence on the issues involved lies, the court
- In relation to Paternity or Filiation may consider
o Probability of Paternity (Section 9 of AM no. 06-11-5-2c)  All the facts and circumstances of the case,
o DNA results that exclude the putative parent from paternity  The witnesses' manner of testifying,
shall be conclusive proof of non-paternity.  Their intelligence,
 If the value of the Probability of Paternity is less  Their means and opportunity of knowing the facts
than 99.9%, the results of the DNA testing shall be to which there are testifying,
considered as corroborative evidence.  The nature of the facts to which they testify,
 If the value of the Probability of Paternity is 99.9%  The probability or improbability of their testimony,
or higher there shall be a disputable presumption their interest or want of interest, and
of paternity.  Also their personal credibility so far as the same
may legitimately appear upon the trial.
Weight and Sufficiency of Evidence (Rule 133)
 The court may also consider the number of
Weight of Evidence Defined witnesses, though the preponderance is not
necessarily with the greater number
- It is the balance or preponderance of evidence; the inclination of - PREPONDERANCE OF EVIDENCE DEFINED (Lim vs. Mindanao
the greater amount of credible evidence offered in a trial to support Wines, GR. no. 175851)
one side of the issue rather than the other o The weight, credit, and value of the aggregate evidence on
Sufficiency of Evidence Defined either side and is usually considered to be synonymous with
the term, greater weight of the evidence or great weight of
- The concept that evidence submitted may have its own probative the credible evidence.
value but in the appreciation thereof proper degrees are considered o It is evidence which is more convincing to the court as
by the court (Arroyo v. El Beaterio, 28555-R) worthy of belief than which is offered in opposition
Hierarchy of Evidentiary Values: Proof Beyond Reasonable Doubt (Section 2 of Rule 133)
- Proof Beyond Reasonable Doubt (Section 2 of Rule 133) - QUANTUM OF PROOF IN CRIMINAL CASES
- Clear and Convincing Evidence o In a criminal case, the accused is entitled to an acquittal,
- Preponderance of Evidence (Section 1 of Rule 133) unless his guilt is shown beyond reasonable doubt.
- Substantial Evidence (Section 5 of Rule 133) - PROOF BEYOND REASONABLE DOUBT DEFINED
o THIS ORDER IS THE ORDER OF PREFERENCE o Proof beyond reasonable doubt does not mean such a
Preponderance of Evidence (Section 1 of Rule 133) degree of proof, excluding possibility of error, produces
absolute certainly. Moral certainly only is required, or that
- WHO HAS BURDEN OF PROOF IN PREPONDERANCE OF EVIDENCE degree of proof which produces conviction in an
o In civil cases, the party having burden of proof must unprejudiced mind.
establish his case by a preponderance of evidence.
- DETERMINATION OF PREPONDERANCE OF EVIDENCE Extrajudicial Confession (Section 3 of Rule 133)
 - PROBATIVE VALUE OF EXTRAJUDICIAL CONFESSION - QUANTUM OF PROOF IN ADMINISTRATIVE CASES OR CASES
o An extrajudicial confession made by an accused, shall not be BEFORE QUASI-JUDICIAL BODIES
sufficient ground for conviction, unless corroborated by o In cases filed before administrative or quasi-judicial bodies,
evidence of corpus delicti. a fact may be deemed established if it is supported by
- EXTRAJUDICIAL CONFESSION DEFINED substantial evidence, or that amount of relevant evidence
o A declaration made at any time by a person, voluntarily, and which a reasonable mind might accept as adequate to
without compulsion or inducement, stating or, justify a conclusion.
acknowledging that he has committed or participated in the - SUBSTANTIAL EVIDENCE DEFINED
commission of a crime. o Such amount of relevant evidence which a reasonable mind
- Requisites of Extrajudical Confession in order to be admissible? might accept as adequate to justify a conclusion
(ECVC)
Clear and Convincing Evidence (Jurisprudence)
o 1.) The confession must involve an express and categorical
acknowledgement of guilt Clear and Convincing Evidence defined:
o 2.) The facts admitted must be constitutive of a criminal
- a kind of evidence which establishes in the mind of trier of facts a
offense
firm belief on the existence of the fact in issue
o 3.) The Confession must have been given voluntarily and
intelligently Power of the Court to Stop Further Evidence (Section 6 of Rule 133)
o 4.) There must be no violation of the constitutional rights of
- The court may stop the introduction of further testimony upon any
the accused under Section 12, Article III of the Constitution
particular point when the evidence upon it is already so full that
- (Relate this provision with Section 12 of Article III, and Section 17 of
more witnesses to the same point cannot be reasonably expected
Article III)
to be additionally persuasive. But this power should be exercised
Circumstantial Evidence (Section 4 of Rule 133) with caution
- REQUIREMENTS FOR CIRCUMSTANTIAL EVIDENCE TO SUSTAIN A Rule on Evidence in motion (Section 7 of Rule 133)
CONVICTION
- When a motion is based on facts not appearing of record the court
o Circumstantial evidence is sufficient for conviction if: (MPC)
may hear the matter on affidavits or depositions presented by the
 (a) There is more than one circumstances;
respective parties, but the court may direct that the matter be
 (b) The facts from which the inferences are derived
heard wholly or partly on oral testimony or depositions.
are proven; and
 (c) The combination of all the circumstances is such E. RULES OF ADMISSIBILITY (RULE 130)
as to produce a conviction beyond reasonable
doubt. I. OBJECT EVIDENCE
- CIRCUMSTANTIAL EVIDENCE DEFINED: Object Evidence Defined (Section 1 of Rule 130)
o Evidence which proves a fact or series of facts which the
facts in issue may be established by inference - Objects as evidence are those addressed to the senses of the court,
and when it is relevant to the fact in issue, it may be exhibited,
Substantial Evidence (Section 5 of Rule 133) examined or viewed by the court
Scope: - When its purpose is to prove the ALTERATEIONS, BLEMISHES OR
FORGERY IN A DOCUMENT
- Senses of:
o Vision DNA Evidence: Rule on Admissibility of DNA Evidence and its probative
o Hearing value (Section 4, Section 5 and Section 7) In relation to Object Evidence
o Touch
DNA Testing: Application (Section 4 of AM no. 06-11-5-sc)
o Taste
o Olfactory - HOW TO APPLY FOR A DNA TESTING ORDER
o The appropriate court may, at any time, either motu proprio
Requisites of admissibility of Object Evidence:
or on application of any person who has a legal interest in
- It must be: (RAIF) the matter in litigation, order a DNA testing.
o Relevant - REQUIREMENTS OF DNA TESTING ORDER
o Authenticated o Such order shall issue after due hearing and notice to the
o Identified by a Competent Witness parties upon a showing of the following:
o Formally offered  A biological sample exists that is relevant to the
case;
Limitations on admission of Object or Real Evidence: (RUCT)  The biological sample:
- When it is repulsive or its exhibition is contrary to public policy  (i) was not previously subjected to the type
morals or sense of decency of DNA testing now requested; or
- When it entails unnecessary expenses  (ii) was previously subjected to DNA testing,
- When it is confusing or misleading but the results may require confirmation for
- When there is a testimonial or documentary evidence already good reasons;
presented which already described the object  The DNA testing uses a scientifically valid technique;
 The DNA testing has the scientific potential to
Exceptions on Limitation: produce new information that is relevant to the
proper resolution of the case; and
- When the objects are necessary for the interest of justice
 The existence of other factors, if any, which the
- When the immoral object is the very basis of the prosecution of the
court may consider as potentially affecting the
civil or criminal case
accuracy of integrity of the DNA testing.
Instances where a document is considered as an object evidence:
DNA Testing Order (Section 5 of AM no. 06-11-5-sc)
- When it tends to prove the EXISTENCE or NON –EXISTENCE of the
- ACTIONS INCLUDED IN A DNA TESTING ORDER
document
o If the court finds that the requirements in Section 4 hereof
- When the purpose is to prove the nature of the HANDWRITING in
have been complied with, the court shall –
the document
 Order, where appropriate, that biological samples
- When the intention of the party is to determine the AGE OF THE
be taken from any person or crime scene evidence;
PAPER OR THE MATERIAL USED
  Impose reasonable conditions on DNA testing o The chain of custody, including how the biological samples
designed to protect the integrity of the biological were collected, how they were handled, and the possibility
sample, the testing process and the reliability of the of contamination of the samples;
test results, including the condition that the DNA o The DNA testing methodology, including the procedure
test results shall be simultaneously disclosed to followed in analyzing the samples, the advantages and
parties involved in the case; and disadvantages of the procedure, and compliance with the
 If the biological sample taken is of such an amount scientifically valid standards in conducting the tests;
that prevents the conduct of confirmatory testing o The forensic DNA laboratory, including accreditation by any
by the other or the adverse party and where reputable standards-setting institution and the qualification
additional biological samples of the same kind can of the analyst who conducted the tests. If the laboratory is
no longer be obtained, issue an order requiring all not accredited, the relevant experience of the laboratory in
parties to the case or proceedings to witness the forensic casework and credibility shall be properly
DNA testing to be conducted. established; and
- NATURE OF DNA TESTING ORDER: o The reliability of the testing result, as hereinafter provided.
o An order granting the DNA testing shall be immediately - The provisions of the Rules of Court concerning the appreciation of
executory and shall not be appealable. evidence shall apply suppletorily.
- REMEDY IN CASE OF ISSUANCE OF DNA TESTING ORDER
o Any petition for certiorari initiated therefrom shall not, in Probability of Paternity (Section 9 of AM no. 06-11-5-2c)
any way, stay the implementation thereof, unless a higher - DNA results that exclude the putative parent from paternity shall be
court issues an injunctive order. conclusive proof of non-paternity.
- EFFECT OF GRANT OF DNA TESTING ORDER o If the value of the Probability of Paternity is less than 99.9%,
o The grant of DNA testing application shall not be construed the results of the DNA testing shall be considered as
as an automatic admission into evidence of any component corroborative evidence.
of the DNA evidence that may be obtained as a result o If the value of the Probability of Paternity is 99.9% or higher
thereof. there shall be a disputable presumption of paternity.
- REMEDIES IN CASE OF REFUSAL TO COMPLY FOR DNA TESTING
o Entry of a default judgment at the request of the Object Evidence in Relation to Audio, Photographic and Ephemeral
appropriate party Recordings: (Sections 1 and 2 of Rule 11 of the Electronic Evidence Rule)
o If trial is held, allow the disclosure of the fact of the refusal - Section 1. Audio, video and similar evidence. – Audio, photographic
unless good cause is shown for not disclosing the fact of and video evidence of events, acts or transactions shall be
refusal (Agustin v. CA,GR No. 162571) admissible provided it shall be shown, presented or displayed to the
court and shall be identified, explained or authenticated by the
Assessment of Probative value of DNA Evidence (Section 7 of AM no. 06- person who made the recording or by some other person
11-5-sc) competent to testify on the accuracy thereof.

- In assessing the probative value of the DNA evidence presented, the

court shall consider the following:
 - Section 2. Ephemeral electronic communications. – Ephemeral sight or any other means, which accurately reflects the electronic
electronic communications shall be proven by the testimony of a data message or electronic document
person who was a party to the same or has personal knowledge
Priveleged communication of an electronic document (Section 3, Rule 2 of
thereof. In the absence or unavailability of such witnesses, other
Electronic evidence Rule)
competent evidence may be admitted.
- The confidential character of a privileged communication is not lost
- A recording of the telephone conversation or ephemeral electronic solely on the ground that it is in the form of an electronic document
communication shall be covered by the immediately preceding
section. Best Evidence Rule (Section 3 of Rule 130)

- GENERAL RULE OF BEST EVIDENCE RULE:

- If the foregoing communications are recorded or embodied in an o When the subject of inquiry is the contents of a document,
electronic document, then the provisions of Rule 5 shall apply. no evidence shall be admissible other than the original
document itself, except in the following cases:
II. DOCUMENTARY EVIDENCE - EXCEPTIONS TO THE BEST EVIDENCE RULE: (FAGP)
o (a) When the original has been lost or destroyed, or cannot
Documentary Evidence defined: (Section 2 of Rule 130) be produced in court, without bad faith on the part of the
- Documents as evidence consist of writing or any material offeror;
containing: o (b) When the original is in the custody or under the control
o Letters of the party against whom the evidence is offered, and the
o words latter fails to produce it after reasonable notice;
o (c) When the original consists of numerous accounts or
o numbers
other documents which cannot be examined in court
o figures
without great loss of time and the fact sought to be
o symbols
established from them is only the general result of the
o or other modes of written expression
whole; and
- Offered as proof of their contents
o (d) When the original is a public record in the custody of a
In relation to definition of Electronic Document in Section 1(h) of Rule 2 of public officer or is recorded in a public office.
AM no. 01-7-01-sc (Electronic Evidence Rule) - Requisites of Best Evidence Rule to apply (WCP)
o Original document of the writing is the writing itself
- “Electronic document” refers to information or the representation
o The contents of which is the subject of the inquiry
of information, data, figures, symbols or other modes of written
o The Original document must be produced if the purpose is
expression, described or however represented, by which a right is
to prove its contents
established, or an obligation is extinguished, or by which a fact may
be proved or affirmed, which is received, recorded, transmitted, When a Document Considered Original (Section 4 of Rule 130)
stored, processed, retrieved or produced electronically. It includes
- (a) The original of the document is one the contents of which are
digitally signed documents and any print-out or output readable by
the subject of inquiry.
 - (b) When a document is in two or more copies executed at or about o Due execution of a lost or destroyed document may be
the same time, with identical contents, all such copies are equally proved by:
regarded as originals.  Testimony of the person who executed it
o In relation to Rules on Electronic Evidence  Testimony of any person before whom its execution
- (c) When an entry is repeated in the regular course of business, one was acknowledged
being copied from another at or near the time of the transaction, all  Any Person who was present and saw it executed
the entries are likewise equally regarded as originals. and delivered or who thereafter saw it and
recognized the signature
Secondary Evidence
- How to prove loss or destruction of the original document
- Any Evidence other than the document itself: (Section 4 of Rule 130) o The loss may be shown by any person who knew the fact of
o A Copy its loss
o Recital of its Contents in some authentic document o By anyone who has made in the judgement of the court, a
o Recollection of the witness sufficient examination in the place or places where the
document or papers of similar character are usually kept
Rule When the Original Document is Unavailable (Section 5 of Rule 130) o By the person in whose custody the document was lost and
- HOW TO PROVE WHEN ORIGINAL DOCUMENT IS LOST OR unable to find it
DESTROYED? o Those who has made any other investigation which is
o When the original document has been lost or destroyed, or sufficient to satisfy the court that the instrument is indeed
cannot be produced in court, the offeror, upon proof of its lost.
execution or existence and the cause of its unavailability Rule in case the Original Document is in the Adverse Party’s Custody or
without bad faith on his part, may prove its contents by: Control (Section 6 of Rule 130)
(CRT)
 a copy, or - IF DOCUMENT IS POSSESSION OF ADVERSE PARTY:
 by a recital of its contents in some authentic o If the document is in the custody or under the control of
document, or adverse party,
 by the testimony of witnesses in the order stated.  He must have reasonable notice to produce it.
- REQUISITES OF ADMISSIBILITY OF SECONDARY EVIDENCE:  If after such notice and after satisfactory proof of its
o Prove due execution of the original existence, he fails to produce the document,
o Proof of the loss, destruction, or unavailability of all such secondary evidence may be presented as in the
originals case of its loss.
o Proof that reasonable diligence and good faith in the search - REQUISITES IN ORDER THAT SECONDARY EVIDENCE MAY BE
for or at least an attempt to produce the original (Republic PRESENTED WHEN THE ORIGINAL IS UNDER THE CONTROL OF THE
v. Marcos, GR no. 171701) ADVERSE PARTY: (ANSF)
- How to prove due execution of a lost or destroyed original o Original is in the possession of the ADVERSE PARTY
document? o There must reasonable NOTICE to produce the original
o SUFFICIENT PROOF of the existence of the original
 o FAILURE of the adverse party to produce the original - Oral or verbal evidence that which is given by word of mouth; the
despite notice ordinary kind of evidence given by witnesses in court.

Distinguish Section 6 of Rule 130 vs. Rule 27 (Production and inspection of Rule on Parol Evidence: What is it?
documents)
- GENERAL RULE:
RULE 130, SECTION 6 (Document RULE 27 (Production and o When the terms of an agreement have been reduced to
under the control of the adverse Inspection of documents as a writing, it is considered as containing all the terms agreed
party) mode of discovery) upon and there can be, between the parties and their
Production of the original Production of the document, being successors in interest, no evidence of such terms other than
document is obtained by mere a mode of discovery is by way of a the contents of the written agreement.
notice to the adverse party motion filed before the court - EXCEPTIONS
Presupposes that proponent is Contemplates a scenario where the o However, a party may present evidence to modify, explain
presumed to have knowledge of movant has no prior knowledge of
or add to the terms of written agreement if he puts in issue
the contents of the document the contents of the document to be
in his pleading: (IFVE)
produced
 (a) An intrinsic ambiguity, mistake or imperfection
Requirement of notice must be The party seeking production of
complied with as a condition said documents is not sufficiently in the written agreement;
precedent for the presentation of informed of the contents of the  (b) The failure of the written agreement to express
secondary evidence document the true intent and agreement of the parties
Purpose is the presentation of Purpose is for the copying, thereto;
secondary evidence in lieu of the inspecting, photographing of  (c) The validity of the written agreement; or
original documents  (d) The existence of other terms agreed to by the
parties or their successors in interest after the
execution of the written agreement.
Rule in case the Original is Public Record (Section 7 of Rule 130)
- The term "agreement" includes wills.
- When the original of document is in the custody of public officer or
Rationale for Parol Evidence Rule
is recorded in a public office, its contents may be proved by a
certified copy issued by the public officer in custody thereof. - When the parties have reduced their agreement in writing, it is
presumed that they made such writing as the repository of all the
Party Calling for the Document not Bound to Offer it (Section 8 of Rule
terms of the agreement and whatever is not found in the said
130)
writing must be considered waived and abandoned
- A party who calls for the production of a document and inspects the
Ambiguity Defined; Kinds of Ambiguity; Lord Bacon Rule:
same is not obliged to offer it as evidence.
Ambiguity
Parol Evidence Rule (Section 9 of Rule 130)
- The fact that a word or a phrase or the general sense of a document
Parol Evidence defined:
or part of it, could equally apply to more than one things or event
Kinds of Ambiguity (Lord Bacon Rule) OF RULE 130) OF RULE 130)
The original of the document is The original of the document is not
- Latent Ambiguity available in court available in court
o When the writing on its face is clear and unambiguous, but Prohibits the varying of the terms Prohibits the introduction of
there are collateral matters or circumstances which makes of the written agreement substitutionary or secondary
the meaning uncertain or the writing admits of 2 evidence
constructions Controversies is between the Involves any parties to the action
- Patent or Extrinsic Ambiguity parties to the written agreement
o When the ambiguity is apparent on the face of the writing
itself and requires something to be added in order to
*Sections 10-19 Interpretation of Documents (Sabi ni Dean Tan walang
ascertain the meaning of the word
tinatanong sa Bar dun kaya deretso natayo sa Testimonial Evidence mga
- Intermediate Ambiguity
pare)
o When the words in the writing are all sensible and have
settled meaning, but admit of 2 interpretations according to
subject matter in contemplation of the parties.
III. TESTIMONIAL EVIDENCE
Rule on Falsa Demonstration Non Nocet: (Myers v. Ladd, 26III, 515, 417)
Testimonial Evidence defined
- It is a rule which states that where there are 2 descriptions in a
- Oral evidence given by the witness on the witness stand or in any
deed, the one as it were, super added to the other, and one
proceeding
description being complete and sufficient in itself, and the other
which is subordinate and super added is incorrect, the incorrect Witness Defined
description or feature or circumstance of the description is rejected
as a surplusage, and the complete and correct description is allowed - A person called in a judicial proceeding or similar proceeding to give
to stand alone testimony under oath

Mistake Defined Kinds of Witnesses (Some, madami yun sa book)

- An error in action; a blunder (Coombs v. Santos, 24 Phil. 451) - Competent Witness

o One who is not legally disqualified from testifying in the
Requisites in order that MISTAKE will be an exception under the parol courts of justice by reason of mental incapacity, interest on
evidence Rule: (FCC) the commission of crimes or other cases excluding him from
testifying generally or rendering him incompetent in respect
- Mistake of Fact
of the particular subject matter or in the particular suit
- Must be Common to the parties
- Incompetent Witness
- Must be Alleged and proved by Clear and Convincing Evidence
o One who is legally disqualified from testifying in the courts
Distinctions between Parol Evidence Rule (Section 9) and Best Evidence of justice by reason of mental incapacity, interest on the
Rule (Section 3) commission of crimes or other cases excluding him from
PAROL EVIDENCE RULE (SECTION 9 BEST EVIDENCE RULE (SECTION 3
 testifying generally or rendering him incompetent in respect  False Testimony
of the particular subject matter or in the particular suit
Distinctions between Competency of a Witness and Credibility of a
- Credible Witness
Witness
o One whose testimony is worthy of belief
- Expert Witness COMPETENCY CREDIBILITY
o A person who by study or experience has acquired Refers to the qualification of the Refers to the disposition and
particular knowledge or experience upon matters of witness who can perceive and in intention of the witness to tell the
technical knowledge and skill relating to a specific business perceiving he can make his truth in the testimony he has given
or employment perceptions known to others
- Disqualified Witness
o A witness who is excluded by law or the rules to give Disqualification by reason of Mental Incapacity or Immaturity (Section 21
testimony of Rule 130)
- Honest Witness
o A witness who gives truthful testimony - PERSONS DISQUALIFIED TO BE A WITNESS:
- Hostile/Unwilling Witness o The following persons cannot be witnesses:
o One declared by the court upon adequate showing of his  (a) Those whose mental condition, at the time of
adverse interest, unjustified reluctance to testify, or his their production for examination, is such that they
having misled the party into calling him to the witness stand are incapable of intelligently making known their
perception to others;
 (b) Children whose mental maturity is such as to
Qualifications of a Witness (Section 20 of Rule 130) render them incapable of perceiving the facts
- WHEN A WITNESS IS QUALIFIED TO TESTIFY: respecting which they are examined and of relating
o Except as provided in the next succeeding section, all them truthfully.*
persons who can:  This has been amended already under the
 perceive, and Child Witness Examination Rule wherein
 in perceiving, can make their known perception to under Section 6 of the same rule, Every
others, child is presumed to be qualified as a
o may be witnesses. witness.
- RULE ON RELIGIOUS OR POLITICAL BELIEFS Principle of Spousal Immunity (Section 22 of Rule 130)
o Religious or political belief, interest in the outcome of the
case, or conviction of a crime unless otherwise provided by - DISQUALIFICATION BY REASON OF MARRIAGE: GENERAL RULE:
law, shall not be ground for disqualification. o During their marriage, neither the husband nor the wife
 Exceptions to the non-disqualification in case of may testify for or against the other without the consent of
conviction of a crime the affected spouse,
 Perjury o REQUISITES FOR PRIVELEGE TO APPLY
 Falsification of Public or Private Documents  That the marriage is valid and existing at the time of
the offer of the testimony
  That the other spouse is a party to the action o INSTANCES WHERE THE SURVIVORSHIP DISQUALIFICATION
o EXCEPTIONS RULE WILL NOT APPLY: (RMNNCAIASNCLI)
 Except in: (CCrim)  If the party is not a real party in interest
 A civil case by one against the other, or  If the person is a mere witness
 In a criminal case for a crime committed by  If the person is not a party to the case or a person in
one against the other or the latter's direct whose behalf the case is prosecuted
descendants or ascendants.  In case of a nominal party:
 officers
Survivorship Disqualification Rule; Dead Man’s Statute (Section 23 of Rule
 stockholders of a corporation
130)
 In case of a counterclaim
- Parties or assignor of parties to a case, or persons in whose behalf a  If the deceased contracted through an agent
case is prosecuted, against an executor or administrator or other  If the representative is being sued in his individual
representative of a deceased person, or against a person of or personal capacity
unsound mind, upon a claim or demand against the estate of such  In case the administrator brought an action to
deceased person or against such person of unsound mind, cannot recover property belonging to the estate
testify as to any matter of fact occurring before the death of such  In case of heirs who substituted the deceased
deceased person or before such person became of unsound mind. plaintiff
- REQUISITES OF DEAD MAN’S STATUTE: WEDB  In case of negative testimony
o That the witness offered for examination is the party  In cadastral cases
plaintiff or assignor of party to a case, or in whose behalf a  In order to prove a claim less than what is
case is prosecuted established under a written contract
o The case is against an executor or administrator or other  When it is intended to prove a fraudulent
representative of a deceased person or a person who is of transaction entered into by the deceased
unsound mind Rationale of Dead Man’s Statute
o The case must be a claim or demand against the estate of
such deceased person or person of unsound mind, or - If death has closed the lips of one party, the policy of the law is to
cannot testify close the lips of the other (Maxillon v. Tabotabo, 9 Phil 390)
o The testimony to be given is on any matter or fact occurring
Rule on Disqualification by reason of Privilegded Communication (Section
before the death of such deceased person or before such
24 of Rule 130)
person became of unsound mind
o WAIVER OF DISQUALIFICATION: HOW - The following persons cannot testify as to matters learned in
 Failure to object to the testimony of the witness confidence in the following cases:
 Cross Examination of the party on prohibited PRIVILEGED MARITAL COMMUNICATION RULE: GENERAL RULE
matters o (a) The husband or the wife, during or after the marriage,
 Calling the witness to testify on prohibited matters cannot be examined without the consent of the other as to
 any communication received in confidence by one from the 24 OF RULE 130)
other during the marriage: (VDN) One spouse should be a party to a Neither of the spouses should be a
o REQUISITES FOR THE RULE TO APPLY: case party to a case
 There must be valid marital relations between Applies only if the marriage is Does not cease even if the
husband and wife existing at the time the testimony marriage is dissolved
 The privilege is invoked with respect to confidential is offered
communication between spouses during marriage Constitutes a total prohibition on Prohibition is limited to testimony
any testimony for or against the on confidential communications
 That the spouse against whom such evidence is
spouse of the witness between spouses.
being offered has not given his or her consent to
the testimony
o EXCEPTIONS ATTORNEY CLIENT PRIVELEGE: GENERAL RULE:
 Except: o (b) An attorney cannot, without the consent of his client, be
 in a civil case by one against the other, or examined as to any communication made by the client to
 in a criminal case for a crime committed by him, or his advice given thereon in the course of, or with a
one against the other or the latter's direct view to, professional employment, nor can an attorney's
descendants or ascendants; secretary, stenographer, or clerk be examined, without the
 In case of case of communication made consent of the client and his employer, concerning any fact
prior to the marriage the knowledge of which has been acquired in such capacity;
 Communication was not confidential in o REQUISITES FOR THE RULE TO APPLY: (ACC)
character  There must be an attorney client relationship
 When communication is overheard by a  The privilege is invoked with respect to confidential
third person communication between them in the course of
 In case of dying declaration of one spouse professional employment
to another  The client has not given his consent to the
 Failure to object to the testimony of the testimony of the attorney, secretary stenographer,
witness or clerk, nor the attorney gives his consent to his
 Cross Examination of the party on said employees
prohibited matters o WHEN ATTORNEY-CLIENT RELATIONSHIP STARTS
 Calling the witness to testify on prohibited  Starts when the client makes a preliminary
matters consultation with the attorney tending to establish
a relation even though there is no fee paid by the
client
Distinguish Section 22 of Rule 130 (Spousal Immunity Rule) vs. Section 24 o COVERAGE OF THE DISQUALIFICATION
of Rule 130 (Priveleged Marital Communication Rule)  Verbal statements
 Documents and papers entrusted to the attorney by
SPOUSAL IMMUNITY RULE PRIVELEGED MARITAL the client
(SECTION 22 OF RULE 130) COMMUNICATION RULE (SECTION  Those facts learned by the attorney from the client
  The privilege will continue even after the death of  Person against whom the privilege is being claimed
the client or even after the attorney-client is a person duly authorized to practice medicine,
relationship surgery, or obstetrics
o EXCEPTIONS:  Such person acquired the information while he was
 When the communication was intended to be made attending to the patient in his professional capacity
public  Professional capacity means that a
 When the communication was intended to be physician attends his patient either for
communicated to others curative or preventive or palliative
 When the communication is intended for unlawful treatment
purpose in furtherance of a crime  The information is necessary to enable him to act in
 When the communication was received by a third that capacity
person who is not acting in behalf or as agent of the  The information is confidential and if disclosed
client would tend to blacken the reputation of the patient
 When the communication was made in the o DURATION OF THE PRIVILEGE
presence of a third party who is a stranger to the  Privilege applies even after the existence of the
attorney and client physician and patient relationship or even after the
 When there is a waiver on the part of the client death of the patient
 When the client gives his consent o EXCEPTIONS: (NIUPWCC)
 Action filed by the client against the attorney  The communication was not given in confidence
 Dying declaration made by the client to the attorney  The communication is irrelevant to the professional
 Failure to object to the testimony of the witness employment
 Cross Examination of the party on prohibited  The communication was made for unlawful purpose
matters  The information was intended to be made public
 Calling the witness to testify on prohibited matters  Waiver of the privilege either by law or contract
 Case by the patient against the physician
PHYSICIAN-PATIENT PRIVELEGE: GENERAL RULE  When the patient gives his consent
o (c) A person authorized to practice medicine, surgery or  Failure to object to the testimony of the witness
obstetrics cannot in a civil case, without the consent of the  Cross Examination of the party on prohibited
patient, be examined as to any advice or treatment given by matters
him or any information which he may have acquired in  Calling the witness to testify on prohibited matters
attending such patient in a professional capacity, which
information was necessary to enable him to act in capacity,
and which would blacken the reputation of the patient;
o REQUISITES FOR THE RULE TO APPLY: (CAPEB)
 Privilege is being claimed in a civil case PRIEST AND PENITENT: GENERAL RULE
o (d) A minister or priest cannot, without the consent of the
person making the confession, be examined as to any
 confession made to or any advice given by him in his  There must be an official confidential
professional character in the course of discipline enjoined communication
by the church to which the minister or priest belongs;  That the communication must have been made to a
o REQUISITES FOR THE RULE TO APPLY: (PCP) public officer
 There must be a priest and penitent  That the disclosure of the communication would
 There must be a confession affect public interest
 The confession was made to the priest in his o DURATION
professional character in the course of the discipline  Privilege shall apply not only during the term of
enjoined by the church which he belongs office of the public officer, but also afterwards
o COVERAGE which makes it permanent
 Covers only confession of a penitential character, o EXCEPTIONS:
that is confession of sins with the end view of  Failure to object to the testimony of the witness
obtaining a pardon and spiritual advice and  Cross Examination of the party on prohibited
assistance matters
o REASON OF THE PRIVILEGE  Calling the witness to testify on prohibited matters
 For the protection of the integrity of the o Co-relate with the Presidential Privelege Rule as laid down
confessional institution. in the case of Neri v. Senate Blue Ribbon Community
o EXCEPTIONS: (CTPP) wherein:
 When the penitent consents  Communications uttered by the President to his
 Third person overhearing the confession Cabinet alter-egos are privileged communication in
 The communication is not privileged in character nature.
 The communication is made to the priest not in his
Testimonial Privilege defined:
professional capacity
 Failure to object to the testimony of the witness - Privilege which consists of exempting the witness having attended
 Cross Examination of the party on prohibited the court where his testimony is desired.
matters
Rule on Parental and Filial Privilege (Section 25 of Rule 130)
 Calling the witness to testify on prohibited matters
- No person may be compelled to testify against his parents, other
direct ascendants, children or other direct descendants.
- DISQUALIFICATION OF A PUBLIC OFFICER: STATE SECRETS: - This only applies to direct ascendants and direct descendants (Lee v.
GENERAL RULE: Court of Appeals, GR No. 177891)
o (e) A public officer cannot be examined during his term of
office or afterwards, as to communications made to him in
official confidence, when the court finds that the public
interest would suffer by the disclosure.
o REQUISITES FOR THE RULE TO APPLY: (OPA) Admissions and Confessions (Section 26 of Rule 130)
 - ADMISSION DEFINED: Offer of Compromise defined
o The act, declaration or omission of a party as to a relevant
- An offer to settle a dispute or difference amicably for the purpose of
fact may be given in evidence against him
avoiding lawsuit and without admitting liability
Kinds of Admissions - RULE ON OFFER OF COMPROMISE IN CIVIL CASES:
o In civil cases, an offer of compromise is not an admission of
- Judicial Admissions (Section 4 Rule 129)
any liability, and is not admissible in evidence against the
o admission made in connection with a judicial proceeding in
offeror.
the same case in which it was offered
- RULE ON OFFER OF COMPROMISE IN CRIMINAL CASES:
- Extrajudicial Admission
o In criminal cases,an offer of compromised by the accused
o admission made not in the same case or in any other case
may be received in evidence as an implied admission of
Distinguish Admission vs. Confession guilt.
o Except:
ADMISSION CONFESSION  those involving quasi-offenses (criminal negligence)
A statement of fact which does not An acknowledgement of one’s or
involve acknowledgement of fault liability
 those allowed by law to be compromised:
or liability
 Section 284 of National Internal Revenue
May be express or implied Is always express or tacit
Code (Offer of Compromise on internal
Is more of a broader scope which Is only limited to the confession of
includes confession a person revenue taxes)
Made by any party Made by the accused  Offer of marriage in case of rape
 Criminal negligence cases under Article 365
of the Revised Penal Code
Distinguish Admission vs. Declaration Against Interest - RULE ON A PLEA OF GUILTY LATER WITHDRAWN:
ADMISSION DECLARATION AGAINST INTEREST o A plea of guilty later withdrawn, or an unaccepted offer of a
Need not be made against Made against proprietary or plea of guilty to lesser offense, is not admissible in evidence
proprietary or pecuniary interest pecuniary interest against the accused who made the plea or offer.
Made by a party himself and it is a Made by a person who is either - GOOD SAMARITAN RULE:
primary evidence though he be deceased or unable to testify o An offer to pay or the payment of medical, hospital or other
present in court and ready to expenses occasioned by an injury is not admissible in
testify evidence as proof of civil or criminal liability for the injury.
Is made anytime Is made ante lite mortem
Res Inter Alios Acta Rule (Sections 28 and 34 of Rule 130)

2 KINDS OF RES INTER ALIOS ACTA RULE

- ADMISSIONS BY A THIRD PARTY (SECTION 28)

Offer of Compromise (Section 27 of Rule 130)

 o The rights of a party cannot be prejudiced by an act,  The partnership, agency or joint interest is
declaration, or omission of another, except as hereinafter established by evidence other than the act or
provided. declaration
- SIMILAR ACTS AS EVIDENCE (SECTION 34)  The act or declaration of a partner or an agent of
o GENERAL RULE: the party is within the scope of his authority
 Evidence that one did or did not do a certain thing  The act or declaration was made during the
at one time is not admissible to prove that he did or existence of the partnership or agency
did not do the same or similar thing at another  Such acts or declaration may be given in evidence
time; against such party after the partnership or agency is
o EXCEPTION: shown other than acts of declaration
 but it may be received to prove:
 a specific intent or
Admissions by a Conspirator (Section 30 of Rule 130)
 knowledge;
 identity, - WHEN ACT ORDECLARATION OF A CONSPIRATOR ADMISSIBLE
 plan, AGAINST HIS CO-CONSPIRATOR: RULE
 system, o The act or declaration of a conspirator relating to the
 scheme, conspiracy and during its existence, may be given in
 habit, evidence against the co-conspirator after the conspiracy is
 custom or shown by evidence other than such act of declaration.
 usage, and the like. o REQUISITES: (ECC)
 The conspiracy be first proved by existence other
Exceptions to the Res Inter Alios Acta Rule (EXCEPTIONS TO NG RULE 28
than the admission itself
LANG) (Sections 29-32 of Rule 130)
 The admission relates to the common object
Admissions of a Third Person who is a Co-Partner, agent (Section 29 of  It has been made while the declarant was engaged
Rule 130) in carrying out the conspiracy (Tamargo v. Awingan,
GR 177727)
- WHEN ACT OR DECLARATION OF A CO-PARTNER OR AGENT
ADMISSIBLE AGAINST ANOTHER: RULE Admission by Privies (Section 31 of Rule 130)
o The act or declaration of a partner or agent of the party
- RULE IN CASE OF ADMISSION OF PRIVIES:
within the scope of his authority and during the existence of
o Where one derives title to property from another, the act,
the partnership or agency, may be given in evidence against
declaration, or omission of the latter, while holding the title,
such party after the partnership or agency is shown by
in relation to the property, is evidence against the former.
evidence other than such act or declaration. The same rule
o REQUISITES: (PHR)
applies to the act or declaration of a joint owner, joint
 That there must be a relation of privity between the
debtor, or other person jointly interested with the party.
party and the defendant
o REQUISITES: (OWEA)
  Admission was made by the declarant as  Extrajudicial Confession (Section 3 of Rule 133)
predecessor-in-interest while holding the title to
Distinctions between Judicial Confession and Extrajudicial Confession
the property
 The admission must be in relation to the property JUDICIAL CONFESSION (SECTION EXTRAJUDICIAL CONFESSION
33 OF RULE 130) (SECTION 3 OF RULE 133)
Admission by Silence (Section 32 of Rule 130) (NOT TO BE CONFUSED
One made before a court in which one made in any other place or
WITH THE RIGHT TO REMAIN SILENT ENSHRINED IN SECTION 12 OF
the case is pending and in the occasion and cannot sustain a
ARTICLE III OF THE 1987 CONSTITUTION AS RULED BY THE SUPREME course of a legal proceeding conviction unless corroborated by
COURT IN THE CASE OF PEOPLE V. TIO FONG, 98 PHIL. 609, 1956) therein and, by itself can sustain a corpus delicti
- RULE ON ADMISSION BY SILENCE: conviction even in capital offenses
o An act or declaration made in the presence and within the
hearing or observation of a party who does or says nothing Requisites of Extrajudical Confession in order to be admissible? (ECVC)
when the act or declaration is such as naturally to call for
action or comment if not true, and when proper and 1.) The confession must involve an express and categorical
possible for him to do so, may be given in evidence against acknowledgement of guilt
him. 2.) The facts admitted must be constitutive of a criminal offense
o REQUISITES:
 There must be an act or declaration 3.) The Confession must have been given voluntarily and intelligently
 That he must have heard or observed the act or 4.) There must be no violation of the constitutional rights of the accused
declaration of the other person under Section 12, Article III of the Constitution
 He must have an opportunity to deny it
 He must have understood the statement Unaccepted offer of payment (Section 35 of Rule 130)
 He must have an opportunity to object, such that he - EFFECT IN CASE OF UNNACEPTED OFFER:
would naturally have done if the statements were o An offer in writing to pay a particular sum of money or to
not true
deliver a written instrument or specific personal property is,
 The facts were within his knowledge
if rejected without valid cause, equivalent to the actual
 The facts admitted or the information to be drawn
production and tender of the money, instrument, or
from his silence is material to the issue
property
Rule on Confession (Section 33 of Rule 130) o REQUIREMENTS OF A VALID OFFER OF PAYMENT (Article
1250 New Civil Code)
- CONFESSION DEFINED:  The offer of payment must be made in writing
o The declaration of an accused acknowledging his guilt of the  The offer of payment must be followed by
offense charged, or of any offense necessarily included consignation of the amount in court
therein, may be given in evidence against him.
o Kinds of Confession Hearsay Evidence Rule (Section 36 of Rule 130)
 Judicial Confession (Section 33 of Rule 130) - HEARSAY EVIDENCE: GENERAL RULE
 o A witness can testify only to those facts which he knows of  The declaration is offered in a criminal case for
his personal knowledge; that is, which are derived from his homicide, murder or parricide
own perception, except as otherwise provided in these o RATIONALE FOR ADMISSIBILITY
rules.  A person under an impending death has no more
o COVERAGE motive to make falsehood and it has been said that
 Oral Evidence the truth sits on the lips of a dying man
 Documentary Evidence - DECLARATION AGAINST INTEREST (Section 38 of Rule 130)
o RATIONALE o The declaration made by a person deceased, or unable to
 Hearsay evidence is excluded by the rules because testify, against the interest of the declarant, if the fact is
the party against whom the evidence is presented is asserted in the declaration was at the time it was made so
deprived of its right and an opportunity to cross- far contrary to declarant's own interest, that a reasonable
examine the person to whom the statements or man in his position would not have made the declaration
writings are attributed unless he believed it to be true, may be received in
 Hearsay evidence whether objected to or not evidence against himself or his successors in interest and
cannot be given credence for having no probative against third persons.
value o REQUISITES FOR ADMISSIBILITY (UIAF)
o DOCTRINE OF INDEPENDENT RELEVANT STATEMENTS  The declarant is dead or unable to testify
 A statement which is relevant to the fact in issue  The declaration relates to a fact against the interest
independently of whether they true or not of the declarant
 At the time he made said declaration, the declarant
Exceptions to the Hearsay Rule (Sections 37-47 of Rule 130, Section 28 of
was aware that the same was contrary to his
Examination of Child Witness Rule and Section 1, Rule 8 of Electronic
interest
Evidence Rule)
 The declarant had no motive to falsify and believed
- DYING DECLARATION (Section 37 of Rule 130) such declaration to be true (Ong v. CA, October 30,
o The declaration of a dying person, made under the 1980)
consciousness of an impending death, may be received in - ACTS OR DECLARATION ABOUT PEDIGREE (Section 39 of Rule 130)
any case wherein his death is the subject of inquiry, as o The act or declaration of a person deceased, or unable to
evidence of the cause and surrounding circumstances of testify, in respect to the pedigree of another person related
such death. to him by birth or marriage, may be received in evidence
o REQUISITES FOR ADMISSIBILITY where it occurred before the controversy, and the
 Declaration must concern the cause and relationship between the two persons is shown by evidence
surrounding circumstances of the declarant’s death other than such act or declaration. The word "pedigree"
 At the time the declaration is made, the declarant is includes relationship, family genealogy, birth, marriage,
under a consciousness of impending death death, the dates when and the places where these fast
 Declarant is a competent witness occurred, and the names of the relatives. It embraces also
facts of family history intimately connected with pedigree.
o REQUISITES FOR ADMISSIBILITY: (REBO)
  That the declarant be related to the person whose  That the matter to which the reputation referred to
pedigree is the subject of inquiry is of public or general interest more than 30 years
 Such relationship may be shown by evidence other old
than the declaration  The reputation is ancient
 The declaration was made before death or inability  The reputation is one formed in the community
of the declarant to testify interested
 The declarant is dead or outside the jurisdiction of - RES GESTAE (Section 42 of Rule 130)
the Philippines or unable to testify - 2 Kinds of Res Gestae
- FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE o SPONTANEOUS EXCLAMATEION: Statements made by a
(Section 40 of Rule 130) person while a starting occurrence is taking place or
o The reputation or tradition existing in a family previous to immediately prior or subsequent thereto with respect to
the controversy, in respect to the pedigree of any one of its the circumstances thereof, may be given in evidence as part
members, may be received in evidence: of res gestae.
 if the witness testifying thereon be also a member o VERBAL ACTS: So, also, statements accompanying an
of the family, either by consanguinity or affinity. equivocal act material to the issue, and giving it a legal
Entries in family bibles or other family books or significance, may be received as part of the res gestae.
charts, engravings on rings, family portraits and the o REQUISITES OF ADMISSIBILITY:
like, may be received as evidence of pedigree.  The principle act, the res gestae, is a startling
o HOW TO PROVE FAMILY REPUTATION AND TRADITION occurrence
REGARDING PEDIGREE?  the statements were made before the declarant
 Entries in family bibles had time to contrive or devise
 Other family books or charts  the statements must concern the occurrence in
 Engraving on rings question and its immediately attending
 Family portraits and the like circumstance (People v. Villarico, GR No. 158362)
- COMMON REPUTATION (Section 41 of Rule 130)
o Common reputation existing previous to the controversy,
Distinctions Between Dying Declaration and Res Gestae
respecting facts of public or general interest more than
thirty years old, or respecting marriage or moral character, DYING DECLARATION (SECTION 37 RES GESTAE (SECTION 42 OF RULE
may be given in evidence. Monuments and inscriptions in OF RULE 130) 130)
public places may be received as evidence of common Can only be made by the victim May be that of the killer himself or
reputation after the killing
o HOW TO PROVE COMMON REPUTATION Made only after the homicidal May precede, accompany, or be
 By testimonial evidence of a competent witness attack has been committed made after the homicidal act was
 Monuments and inscriptions in public places committed
 By the documents containing statements of Is given based upon awareness of Has its basis on spontaneity of the
an impending death statement
reputation
o REQUISITES OF ADMISSIBILITY
- ENTRIES IN THE COURTS OF BUSINESS (Section 43 of Rule 130) in that occupation and is generally used and relied upon by
o Entries made at, or near the time of transactions to which them therein.
they refer, by a person deceased, or unable to testify, who - LEARNED TREATISES (Section 46 of Rule 130)
was in a position to know the facts therein stated, may be o A published treatise, periodical or pamphlet on a subject of
received as prima facie evidence, if such person made the history, law, science, or art is admissible as tending to prove
entries in his professional capacity or in the performance of the truth of a matter stated therein if the court takes
duty and in the ordinary or regular course of business or judicial notice, or a witness expert in the subject testifies,
duty. that the writer of the statement in the treatise, periodical or
o REQUISITES FOR ADMISSIBILITY: (POAD) pamphlet is recognized in his profession or calling as expert
 The person made the entry in his professional in the subject.
capacity or in the performance of a duty o REQUISITES FOR ADMISSIBILITY
 The entry was made in the ordinary course of  That the court can take judicial notice of it
business or duty  That a witness expert in the subject of history, law,
 The entry was made at or near the time of the science and math, testifies that the writer of the
transaction to which it relates statements of the treatise, periodicals, or pamphlet
 The person who made the entry is dead, outside the is recognized in his profession or calling as expert in
Philippines, or unable to testify the subject
- ENTRIES IN OFFICIAL RECORDS (Section 44 of Rule 130) - TESTIMONY OR DEPOSITIONS AT A FORMER PROCEEDING (Section
o Entries in official records made in the performance of his 47 of Rule 130)
duty by a public officer of the Philippines, or by a person in o The testimony or deposition of a witness deceased or
the performance of a duty specially enjoined by law, are unable to testify, given in a former case or proceeding,
prima facie evidence of the facts therein stated. judicial or administrative, involving the same parties and
o REQUISITES FOR ADMISSIBILITY subject matter, may be given in evidence against the
 That the entries were made by a public officer or by adverse party who had the opportunity to cross-examine
another person specially enjoined by the law to do him.
so o REQUISITES FOR ADMISSIBILITY: (FSMAD)
 That the public officer or the person had sufficient  The testimony was made in a former proceeding
knowledge of the facts by him stated, which must  It was made between the same parties
have been acquired by him personally or through  Relating to the same matter
official information  The adverse party has had the opportunity to cross
- COMMERCIAL LISTS AND THE LIKE (Section 45 of Rule 130) examine the witness
o Evidence of statements of matters of interest to persons  The witness is dead, out of the Philippines or unable
engaged in an occupation contained in a list, register, to testify in the subsequent trial
periodical, or other published compilation is admissible as - HEARSAY EVIDENCE IN CHILD ABUSE CASES (Section 28 of AM no.
tending to prove the truth of any relevant matter so stated 004-07-sc)
if that compilation is published for use by persons engaged o A statement made by a child describing any act or
attempted act of child abuse, not otherwise udner the
 hearsay rule, may be admitted in evidence in any criminal or which he shown to possess, may be received in
non-criminal proceeding evidence
- INAPPLICABILITY OF THE HEARSAY EVIDENCE RULE UNDER THE  Relate this with psychological incapacity
ELECTRONIC DOCUMENT RULE(Section 1, Rule 8 of Electronic (Article 36 of the Family Code)
Evidence Rule) o Gravity
o SECTION 1: o Juridical Antecedence
 A memorandum, report, record or data compilation o Incurability
of acts, events, conditions, opinions, or diagnoses,  Expert Witness defined:
made by electronic, optical or other similar means o A person who by study or
at or near the time of or from transmission or experience has acquired particular
supply of information by a person with knowledge knowledge or experience upon
thereof, and kept in the regular course or conduct matters of technical knowledge and
of a business activity, and such was the regular skill relating to a specific business or
practice to make the memorandum, report, record, employment
or data compilation by electronic, optical or similar o OPINION OF ORDINARY WITNESS ON CERTAIN MATTERS
means, all of which are shown by the testimony of (Section 50 of Rule 130)
the custodian or other qualified witnesses, is  The opinion of a witness for which proper basis is
excepted from the rule on hearsay evidence. given, may be received in evidence regarding: (HIS)
o SECTION 2:  (a) the identity of a person about whom he
 The presumption provided for in Section 1 of this has adequate knowledge;
Rule may be overcome by evidence of the  (b) A handwriting with which he has
untrustworthiness of the source of information or sufficient familiarity; and
the method or circumstances of the preparation,  (c) The mental sanity of a person with
transmission or storage thereof. whom he is sufficiently acquainted.
Opinion Rule (Sections 48-50 of Rule 130)  The witness may also testify on his impressions of
the emotion, behavior, condition or appearance of a
Opinion Rule defined: person.
- An informal expression on what the witness thins, believes or infers Character Evidence Rule (Section 51 of Rule 130)
in regard to the facts in dispute
- GENERAL RULE: (Section 48 of Rule 130) - Character evidence not generally admissible; exceptions:
o The opinion of witness is not admissible, except as indicated o In Criminal Cases:
in the following sections.  (1) The accused may prove his good moral character
- EXCEPTIONS: which is pertinent to the moral trait involved in the
o EXPERT WITNESS RULE (Section 49 of Rule 130) offense charged.
 The opinion of a witness on a matter requiring
special knowledge, skill, experience or training
  (2) Unless in rebuttal, the prosecution may not Right to Speedy Disposition of Cases (Article III Section 16 of 1987
prove his bad moral character which is pertinent to Constitution)
the moral trait involved in the offense charged.
- All persons shall have the right to a speedy disposition of cases
o (3) The good or bad moral character of the offended party
before:
may be proved if it tends to establish in any reasonable
o All judicial
degree the probability or improbability of the offense
o Quasi-judicial
charged.
o or Administrative bodies
- In Civil Cases:
o Evidence of the moral character of a party in civil case is - Factors to determine delay (Infringement of the right of speedy
disposition of cases)
admissible only when pertinent to the issue of character
o Duration of the Delay
involved in the case.
- In the case provided for in Rule 132, Section 14, o Reason of the Delay
o Evidence of the good character of a witness is not o Assertion or failure to assert the right
admissible until such character has been impeached o Prejudice caused by the delay (Mari v. Gonzales GR. No.
187728)
Definition of Character Evidence

- Evidence of a person’s moral standing in the community based on SPEEDY TRIAL (Section 14) SPEEDY DISPOSITION OF CASES
reputation (Section 16)

Is a Statutory Right and a Is a Constitutional Right and

F. PRESENTATION OF EVIDENCE AND EXAMINATION OF WITNESSES (RULE Criminal law concept applicable to all cases
132)
Available only to the accused Applicable to all proceedings and
I. EXAMINATION OF WITNESSES extends to all persons
Examination of Witnesses defined

- It is the elicitation of information in a court by question and answer Trial vis-à-vis Hearing
of the witness.
- Hearing is more broader in scope as it includes pre-trial conference,
Trial Defined (Acosta v. People, 5 SCRA 774) hearing on the motion, and trial; while trial is limited only to the
presentation of evidence and witnesses before the court.
- A judicial process of investigating and determining the legal
controversies, starting with the production of evidence by the Necessity of Trial to Secure a Judgment: General Rule
plaintiff and ending with his closing arguments
- Trial is necessary if there are legal and factual issues involved in the
Nature of Trial case which requires presentation of evidence and witnesses.

- Adversarial in character which requires the presentation of evidence When trial is no longer necessary:
and examination of witnesses before the court
 - When the accused pleads guilty to the offense during arraignment o a complete retrial of the case after judgment has been
under Rule 116 (Arraignment and Plea) rendered based on the grounds specified under Section 1 of
- Plea bargaining during arraignment or pre-trial conference (Rule Rule 37
116, Section 2 and Rule 118, Sections 1-4) - Public trial
- When the motion to quash is grounded on the ground of double o A trial held in public, in the presence of the public, or in a
jeopardy or prescription of action or liability is granted. (Rule 117 place accessible and open to the attendance of the public at
Sections 3(g) and 3(i)) large
- When there is provisional dismissal (Rule 117, Section 8) - Speedy trial
- When there is failure of the prosecution to bright the accused to o A trial conducted according to the law of criminal procedure
trial within the time prescribed under the rules (Rule 119, Section 9) and the rules and regulations free from vexatious and
- When the case was dismissed die to the grant of the motion for capricious delays.
judicial determination of probable cause* - Joint and Consolidated trial
o already a prohibited motion under the continuous trial rule. o When actions involving a common question of law or fact
are pending before the court, it may order a joint hearing or
Kinds of Trial
trial of any or all the matters in issue in the actions; it may
- Trial on the merits order all the actions consolidated, and it may make such
o Trial of substantive issues in a case orders concerning proceedings therein as may tend to avoid
- Inverted trial unnecessary costs or delay.
o Section 11(e) of Rule 119 defines inverted trial as: - Separate Trial
 When the accused admits the act or omission o The court, in furtherance of convenience or to avoid
charged in the complaint or information but prejudice, may order a separate trial of any claim, cross-
interposes a lawful defense, the order of trial may claim, counterclaim, or third-party complaint, or of any
be modified. separate issue or of any number of claims, cross-claims,
- Trial in absentia counterclaims, third-party complaints or issues
o a kind of trial conducted after the accused has been - Trial by Commissioner
arraigned and he was duly notified of the trial and his failure o By written consent of both parties, the court may order any
to appear thereat is unjustified or all of the issues in a case to be referred to a
- Consented Trial in absentia commissioner to be agreed upon by the parties or to be
o Trial in absentia allows the accused to be absent at the trial appointed by the court. As used in these Rules, the word
but not at certain states of the proceedings: "commissioner" includes a referee, an auditor and an
 at arraignment and plea whether of innocence of or examiner.
guilt (Rule 116) - Impartial Trial
 during trial whenever necessary for identification o a trial conducted by a disinterested judge without favoring
purposes (Rule 119) any party
 at the promulgation of judgment (Rule 120)
Rule on Examination of Witnesses done In Open Court (Section 1 of Rule
- New Trial/Trial de novo
132)
 - HOW EXAMINATION IS DONE  (2) Not to be detained longer than the interests of
o The examination of witnesses presented in a trial or hearing justice require;
shall be done:  (3) Not to be examined except only as to matters
 Tn open court, and pertinent to the issue;
 Under oath or affirmation.  (4) Not to give an answer which will tend to subject
 The answers of the witness shall be given orally. him to a penalty for an offense unless otherwise
 Unless the witness is incapacitated to provided by law;* (THIS IS THE RIGHT AGAINST SELF
speak, or INCRIMINATION OF A WITNESS IN RELATION TO
 the questions calls for a different mode of SECTION 17 OF ARTICLE III OF THE CONSTITUTION)
answer or
 (The rule is the same in examination of child  (5) Not to give an answer which will tend to degrade
witnesses) his reputation, unless it to be the very fact at issue
or to a fact from which the fact in issue would be
Proceedings to be Recorded (Section 2 of Rule 132) presumed. But a witness must answer to the fact of
- HOW PROCEEDINGS ARE RECORDED: his previous final conviction for an offense.
o The entire proceedings of a trial or hearing, including the Order of Examination (Section 4 of Rule 132)
questions propounded to a witness and his answers
thereto, the statements made by the judge or any of the - ORDER OF EXAMINATION OF AN INDIVIDUAL WITNESS:
parties, counsel, or witnesses with reference to the case, o The order in which the individual witness may be examined
shall be recorded by means of shorthand or stenotype or by is as follows;
other means of recording found suitable by the court.  (a) Direct examination by the proponent;
- NATURE OF THE TRANSCRIPT OF RECORDS OF PROCEEDINGS:  (b) Cross-examination by the opponent;
o A transcript of the record of the proceedings made by the  (c) Re-direct examination by the proponent;
official stenographer, stenotypist or recorder and certified  (d) Re-cross-examination by the opponent.
as correct by him shall be deemed prima facie a correct - ONE DAY EXAMINATION RULE
statement of such proceedings. o The one-day examination of Witness rule states that a
witness has to be fully examined in one (1) day only. It shall
Rights and Obligations of a Witness (Section 3 of Rule 132) be strictly adhered to subject to the court’s discretion
- RIGHTS AND OBLIGATIONS OF A WITNESS DURING THE TAKING OF during trial on whether or not to extend the direct and/or
TESTIMONY cross-examination for justifiable reasons
o A witness must answer questions, although his answer may - MOST IMPORTANT WITNESS RULE
tend to establish a claim against him. However, it is the o Determines the most important witnesses to be heard and
right of a witness: (IDEPR) limit the number of witnesses (Most Important Witness
 (1) To be protected from irrelevant, improper, or Rule). The facts to be proven by each witness and the
insulting questions, and from harsh or insulting approximate number of hours per witness shall be fized
demeanor; Direct Examination (Section 5 of Rule 132)
 - Direct examination is the examination-in-chief of a witness by the - HOW RE-CROSS EXAMINATION IS CONDUCTED:
party presenting him on the facts relevant to the issue o Upon the conclusion of the re-direct examination, the
o In relation to the JUDICIAL AFFIDAVIT RULE (AM No. 12-8-8- adverse party may re-cross-examine the witness on:
sc)  Matters stated in his re-direct examination, and
 Also on such other matters as may be allowed by
Cross-Examination (Section 6 of Rule 132)
the court in its discretion.
- HOW CROSS EXAMINATIONIS CONDUCTED
Recalling of Witness (Section 9 of Rule 132)
o Upon the termination of the direct examination, the witness
may be cross-examined by the adverse party: - RULE ON RECALLING OF A WITNESS:
 as to many matters stated in the direct o After the examination of a witness by both sides has been
examination, or concluded, the witness cannot be recalled without leave of
 matters connected therewith, the court. The court will grant or withhold leave in its
- PURPOSE OF CROSS EXAMINATION discretion, as the interests of justice may require.
o to test his accuracy with sufficient fullness and freedom and
Leading and Misleading Questions (Section 10 of Rule 132)
truthfulness and freedom from interest or bias, or the
reverse, and - LEADING QUESTION DEFINED: GENERAL RULE
o to elicit all important facts bearing upon the issue. o A question which suggests to the witness the answer which
- OBJECT OF CROSS EXAMINATION the examining party desires is a leading question. It is not
o To test the credibility of the witness allowed,
 believability of the witness - EXCEPTION: (CPDUA)
o To test the credibility of the testimony o (a) On cross examination;
 believability of the testimony o (b) On preliminary matters;
o (c) When there is a difficulty is getting direct and intelligible
Redirect Examination (Section 7 of Rule 132)
answers from a witness who is ignorant, or a child of tender
- HOW REDIRECT EXAMINATION IS CONDUCTED years, or is of feeble mind, or a deaf-mute;
o After the cross-examination of the witness has been o (d) Of an unwilling or hostile witness; or
concluded, he may be re-examined by the party calling him, o (e) Of a witness who is an adverse party or an officer,
to explain or supplement his answers given during the director, or managing agent of a public or private
cross-examination. corporation or of a partnership or association which is an
- MATTERS NOT COVERED ON CROSS EXAMINATION: adverse party.
DISCRETIONARY ON THE COURT - MISLEADING QUESTION DEFINED:
o On re-direct-examination, questions on matters not dealt o A misleading question is one which assumes as true a fact
with during the cross-examination, may be allowed by the not yet testified to by the witness, or contrary to that which
court in its discretion. he has previously stated. It is not allowed.

Re-Cross Examination (Section 8 of Rule 132) Impeachment of Adverse Party’s witness (Section 11 of Rule 132)
 - IMPEACHMENT OF ADVERSE PARTY’S WITNESS: HOW partnership or association which is an
o A witness may be impeached by the party against whom he adverse party
was called, by: - WHEN A WITNESS IS UNWILLING OR HOSTILE:
 Contradictory evidence, by o A witness may be considered as unwilling or hostile only if
 Contradictory evidence refers to other so declared by the court upon:
testimony of the same witness or other  Adequate showing of his adverse interest,
evidence presented by him in the same  Unjustified reluctance to testify, or
case, but not the testimony if another  His having misled the party into calling him to the
witness witness stand.
 Evidence that his general reputation for truth, - MAY ANUNWILLING OR HOSTILE WITNESS BE IMPEACHED BY THE
honestly, or integrity is bad, or PARTY PRESENTING HIM: RULE
 By evidence that he has made at other times o The unwilling or hostile witness so declared, or the witness
statements inconsistent with his present, who is an adverse party, may be impeached by the party
testimony, presenting him in all respects as if he had been called by the
 Prior inconsistent statement refers to adverse party,
statements, oral or documentary made by o EXCEPTION
the witness sought to be impeached on  Except by evidence of his bad character.
occasion other than the trial in which he is - RULE ON IMPEACHING OR CROSS-EXAMINING A WITNESS OF THE
testifying ADVERSE PARTY:
o But not by evidence of particular wrongful acts, except that o He may also be impeached and cross-examined by the
it may be shown by the examination of the witness, or the adverse party,
record of the judgment, that he has been convicted of an o LIMITATIONS:
offense.  but such cross-examination must only be on the
subject matter of his examination-in-chief.
Party May Not Impeach his Own Witness: Exceptions (Section 12 of Rule
132) Impeachment by Prior Inconsistent Statements; Doctrine of Laying the
Predicate; (Section 13 of Rule 132)
- IMPEACHMENT OF THE PARTY’S OWN WITNESS: GENERAL RULE
o The party producing a witness is not allowed to impeach his - HOW WITNESS CAN BE IMPEACHED BY EVIDENCE OF PRIOR
credibility. INCONSISTENT STATEMENTS
o EXCEPTION: o Before a witness can be impeached by evidence that he has
 Except with respect to the following: made at other times statements inconsistent with his
 Unwilling or hostile witness present testimony it must be shown that: (RMW)
 Of a witness who is an adverse party or an  The statements must be related to him, with the
officer, director, or managing agent of a circumstances of the times and places and the
public or private corporation or of a persons present, and
  He must be asked whether he made such  He is able to swear that the writing or record
statements, and if so, allowed to explain them. correctly stated the transaction when made; but
 If the statements be in writing they must be shown such evidence must be received with caution.
to the witness before any question is put to him
Part of Transaction, Writing or Record Given in Evidence, The Remainder
concerning them.
Admissible; Doctrine of Incomplete Testimony (Section 17 of Rule 132)
Evidence of Good Character of Witness (Section 14 of Rule 132)
- DOCTRINE OF INCOMPLETE TESTIMONY: RULE WHEN ONLY PART
- Evidence of the good character of a witness is not admissible until OF THE TRANSACTION, WRITING OR RECORD IS GIVEN IN
such character has been impeached. EVIDENCE:
o When part of an act, declaration, conversation, writing or
Exclusion and Separation of Witnesses (Section 15 of Rule 132)
record is given in evidence by one party, the whole of the
- RULE ON EXCLUSION AND SEPARATION OF WITNESSES: same subject may be inquired into by the other, and
o On any trial or hearing, the judge may: - RULE WHEN A DETACHED ACT, DECLARATION, CONVERSATION,
 Exclude from the court any witness not at the time WRITING OR RECORD IS GIVEN IN EVIDENCE:
under examination, so that he may not hear the o When a detached act, declaration, conversation, writing or
testimony of other witnesses. record is given in evidence, any other act, declaration,
 The judge may also cause witnesses to be kept conversation, writing or record necessary to its
separate and to be prevented from conversing with understanding may also be given in evidence.
one another until all shall have been examined.
Right to Inspect Writing (Section 18 of Rule 132)
Reference to a Memorandum of a Witness (Section 16 of Rule 132)
- Whenever a writing is shown to a witness it may be inspected by
- RULE ON REVIVAL OF PRESENT MEMORY: the adverse party
o A witness may be allowed to refresh his memory respecting
a fact, by:
 Anything written or recorded by himself or under II. AUTHENTICATION AND PROOF OF DOCUMENTS
his direction at the time when the fact occurred, or
Classes of Documents (Section 19 of Rule 132)
immediately thereafter, or at any other time when
the fact was fresh in his memory and knew that the - CLASSIFICATION OF DOCUMENTS:
same was correctly written or recorded; o For the purpose of their presentation evidence, documents
 But in such case the writing or record must be are either public or private.
produced and may be inspected by the adverse o Public documents are: (WNP)
party, who may, if he chooses, cross examine the  (a) The written official acts, or records of the official
witness upon it, and may read it in evidence. acts of the sovereign authority, official bodies and
- RULE ON REVIVAL OF PAST RECOLLECTION tribunals, and public officers, whether of the
o So, also, a witness may testify from such writing or record, Philippines, or of a foreign country;
though he retain no recollection of the particular facts, if:
  (b) Documents acknowledge before a notary public o When a foreign law is not pleaded or, even if pleaded, is not
except last wills and testaments; and proved, the presumption is that foreign law is the same as
 (c) Public records, kept in the Philippines, of private ours (ATCI Overseas Corporation v. Echin, GR No. 178551,
documents required by law to the entered therein. 2010)
o All other writings are private. o Presumed that the wordings of the foreign law are the same
o Proof of Electronically Notarized Documents (Section 3 of as local laws
Rule 5 of Electronic Evidence Rule)
When Evidence of Private Document Not Necessary (Section 21 of Rule
 A document electronically notarized in accordance
132)
with the rules promulgated by the Supreme Court
shall be considered as a public document and - ANCIENT DOCUMENT RULE: CONCEPT
proved as a notarial document under the Rules of o Where a private document is:
Court.  More than thirty years old,
 Is produced from the custody in which it would
Proof of Private Documents (Section 20 of Rule 132)
naturally be found if genuine, and
- HOW TO PROVE DUE EXECUTION AND AUTHENTICITY OF A  is unblemished by any alterations or circumstances
PRIVATE DOCUMENT of suspicion,
o Before any private document offered as authentic is o No other evidence of its authenticity need be given.
received in evidence, its due execution and authenticity
Manner of Proving Genuineness of Handwriting (Section 22 of Rule 130)
must be proved either: (EGD)
 By anyone who saw the document executed or - RULE ON PROVING GENUINENESS OF HANDWRITING:
written; or o The handwriting of a person may be proved by any witness
 By evidence of the genuineness of the signature or who:
handwriting of the maker.  Believes it to be the handwriting of such person
 Any other private document need only be identified because he has seen the person write, or
as that which it is claimed to be.  He has seen writing purporting to be his upon which
- PRIVATE DOCUMENT DEFINED the witness has acted or been charged, and has
o Any other writing, deed, or instrument executed by a thus acquired knowledge of the handwriting of such
private person without the intervention of a notary or other person.
person legally authorized by which some disposition or  Evidence respecting the handwriting may also be
agreement is proved or set forth. (Patula v. People, G.R. no. given by a comparison, made by the witness or the
164457) court, with writings admitted or treated as genuine
- HOW TO PROVE FOREIGN LAWS by the party against whom the evidence is offered,
o Publication of the said foreign laws or proved to be genuine to the satisfaction of the
o By a copy duly attested by the officer in custody therefor judge.
- Doctrine of Presumed Identity Approach (Processual Presumption) o Comparison of Specimen Signatures is allowed and not
violative of this section (Section 22 of Rule 130) as ruled by
 the Supreme Court in Bernales v. Heirs of Sambaan (GR No. o This is known as the Red Ribbon Document (Certified by a
163721) foreign agency embassy)
Public Documents as Evidence (Section 23 of Rule 132) Rule on Attestation Clause in a Document (Section 25 of Rule 132)
- PRESUMPTION IF EVIDENCE PRESENTED A PUBLIC DOCUMENT: - REQUIREMENTS IN CASE OF AN ATTESTATION CLAUSE IN A
o Documents consisting of entries in public records made in DOCUMENT
the performance of a duty by a public officer are prima o Whenever a copy of a document or record is attested for
facie evidence of the facts therein stated. the purpose of evidence, the attestation must state, in
- AS REGARDS OTHER PUBLIC DOCUMENTS: substance, that:
o All other public documents are evidence, even against a  The copy is a correct copy of the original, or a
third person, of the fact which gave rise to their execution specific part thereof, as the case may be.
and of the date of the latter.  The attestation must be under the official seal of
the attesting officer, if there be any, or if he be the
Official Record as Evidence (Section 24 of Rule 132)
clerk of a court having a seal, under the seal of such
- PROVING PUBLIC DOCUMENTS IN OFFICIAL RECORD: HOW DONE court.
o The record of public documents referred to in paragraph (a)
Rule on the Irremovability of Public Record (Section 26 of Rule 132)
of Section 19, when admissible for any purpose, may be
evidenced by: - GENERAL RULE ON IRREMOVABILITY OF PUBLIC RECORD:
 An official publication thereof or o Any public record, an official copy of which is admissible in
 By a copy attested by the officer having the legal evidence, must not be removed from the office in which it is
custody of the record, or by his deputy, and kept,
accompanied, if the record is not kept in the - EXCEPTION:
Philippines, with a certificate that such officer has o Except upon order of a court where the inspection of the
the custody. record is essential to the just determination of a pending
- PERSONS AUTHORIZED TO ISSUE A CERTIFICATION IF THE case.
DOCUMENT IS IN A FOREIGN COUNTRY:
Rule on Public Record of a Private Document (Section 27 of Rule 132)
o If the office in which the record is kept is in foreign country,
the certificate may be made by: - HOW TO PROVE PUBLIC RECORD OF A PRIVATE DOCUMENT:
 A secretary of the embassy or legation, o An authorized public record of a private document may be
 Consul general, consul, proved by:
 Vice consul, or  The original record, or
 Consular agent or  By a copy thereof, attested by the legal custodian of
 By any officer in the foreign service of the the record, with an appropriate certificate that such
Philippines stationed in the foreign country in which officer has the custody.
the record is kept, and authenticated by the seal of
his office. Rule on Proof of Lack of Record (Section 28 of Rule 132)
 - RULE ON PROVING LACK OF RECORD: HOW MADE o Every instrument duly acknowledged or proved and
o In case that the office has no record or entry of an official certified as provided by law, may be:
record, it can be proved subject to the following  Presented in evidence without further proof,
requirements:  The certificate of acknowledgment being prima
 A written statement signed by an officer having the facie evidence of the execution of the instrument or
custody of an official record or by his deputy that document involved.
after diligent search no record or entry of a o Notarized document enjoys presumption of regularity but
specified tenor is found to exist in the records of his not to its validity
office, and  While notarized documents enjoys the presumption
 Accompanied by a certificate as above provided, of regularity, the fact that a deed is notarized is not
guarantee of the validity of its contents (San Juan v,
Impeachment of Judicial Record (Section 29 of Rule 132)
Offril, GR No. 154609)
- JUDICIAL RECORD: HOW IMPEACHED o Improperly notarized document not a public document; No
o Any judicial record may be impeached by evidence of: presumption of regularity (Dela Rama v. Papa, GR No.
 (a) want of jurisdiction in the court or judicial 142309)
officer,
Rule on Alteration in the Document (Section 31 of Rule 132)
 (b) collusion between the parties, or
 (c) fraud in the party offering the record, in respect - RULE IN CASE OF ALTERATION IN A DOCUMENT: WHEN
to the proceedings ADMISSIBLE
o EXTRINSIC FRAUD DEFINED: o The party producing a document as genuine which has been
 Refers to any fraudulent act of the prevailing party altered and appears to have been altered after its
in the litigation which is committed outside of the execution, in a part material to the question in dispute,
trial of the case whereby the unsuccessful party has must:
been prevented from exhibiting fully his case, by  Account for the alteration.
fraud or deception practiced on him by his  He may show that the alteration was made by
opponent (Philippine Tourism Authority v. another, without his concurrence, or was made
Philippine Golf Development and Equipment Inc., with the consent of the parties affected by it, or was
GR No. 176628) otherwise properly or innocent made, or that the
o REMEDY IN CASE OF FRAUD alteration did not change the meaning or language
 Action to annul a judgment on the ground of of the instrument.
extrinsic or collateral fraud under Rule 47 of the - EFFECT OF FAILURE TO ACCOUNT FOR THE ALTERATION:
Rules on Civil Procedure o If the party fails to account for the alteration, the document
shall not be admissible in evidence.
Rule on Proof of Notarial Record (Section 30 of Rule 132)
Rule on Seal (Section 32 of Rule 132)
- EFFECTS IN CASE OF PROOF OF NOTARIAL DOCUMENT:
 - There shall be no difference between sealed and unsealed private MULTIPLE ADMISSIBILITY or may be admissible for
documents insofar as their admissibility as evidence concerned one purpose and not for another, otherwise the
adverse party cannot interpose the proper
Rule on Documentary Evidence in an Unofficial Language (Section 33 of
objection. Evidence submitted for one purpose may
Rule 132)
not be considered for any other purpose (People v.
- ADMISSIBILITY OF A DOCUMENT IN AN UNOFFICIAL LANGUAGE: Diano (CA), 66 oG, 6405)
WHEN WILL IT BE ADMISSIBLE - EXCEPTION: (Star Two Inc. v. Ko, GR No. 185454)
o Documents written in an unofficial language shall not be o Where the evidence has been identified by testimony duly
admitted as evidence, unless accompanied with a recorded and that it has been incorporated
translation into English or Filipino.
When to make an Offer of Evidence (Section 35 of Rule 132)
- DUTY OF THE PARTIES AND ATTORNEYS
o To avoid interruption of proceedings, parties or their - OFFER OF TESTIMONY: RULE
attorneys are directed to have such translation prepared o As regards the testimony of a witness, the offer must be
before trial. made at the time the witness is called to testify.
- OFFER OF DOCUMENTARY AND OBJECT EVIDENCE: WHEN MADE:
o Documentary and object evidence shall be offered after the
presentation of a party's testimonial evidence.
III. OFFER AND OBJECTION - HOW TO MAKE AN OFFER OF EVIDENCE:
o Such offer shall be done orally unless allowed by the court
Offer of Evidence defined
to be done in writing.
- It is the presentation or introduction of evidence (People v.
Rules on Objection (Section 36 of Rule 132)
Whipkey, 12590-CR, February 6, 1973)
- HOW OBJECTION IS MADE: EVIDENCE ORALLY OFFERED:
Objection defined
o Objection to evidence offered orally must be made
- It is an argument presented against an act of the adverse party or immediately after the offer is made.
his counsel, or against the determination by the court in the course - OBJECTION TO A QUESTION PROPOUNDED IN TRIAL: HOW MADE
of the trial o Objection to a question propounded in the course of the
oral examination of a witness shall be made as soon as the
Rule on the Offer of Evidence (Section 34 of Rule 132)
grounds therefor shall become reasonably apparent.
- GENERAL RULE - OBJECTION TO AN OFFER OF EVIDENCE IN WRITING: HOW MADE
o The court shall consider no evidence which has not been o An offer of evidence in writing shall be objected to within
formally offered. The purpose for which the evidence is three (3) days after notice of the unless a different period is
offered must be specified. allowed by the court.
 Purpose for which the evidence is offered must be - In any case, the grounds for the objections must be specified.
specified because such evidence may be admissible - Objections not made deemed waived
for several purposes under the doctrine of
 o It is a rule of evidence that any objection against the o Objection which is denied by the court
admission of any piece of evidence must be made at the - Sustained Objections
proper time and that if not so made it will be understood to o Objection which is granted by the court
have been waived (People v. Del Rosario, GR No. 189580) - Noted and deferred Objections
o objection which the ruling by the court is reserved
Kinds of Objection:
As to Specific grounds relied upon (Some)
As to Form
- Sections 3, 9, 20-24, 36, of Rule 130
- Oral objection
- Incompetency, Irrelevancy, Immateriality
o objection made orally
- Violation of Section 3 of Rule 128
- Written objection
o objection which is made in writing Rule on Continuing Objection (Section 37 of Rule 132)

As to the reasons relied upon - WHEN TO MAKE CONTINUING OBJECTIONS:

o When it becomes reasonably apparent in the course of the
- Specific objection
examination of a witness that the question being
o An objection which states the specific ground relied upon
propounded are of the same class as those to which
- General or broadside objections
objection has been made, whether such objection was
o An objection when on its face there appears no purpose
sustained or overruled, it shall not be necessary to repeat
whatsoever for which it could have been admissible
the objection, it being sufficient for the adverse party to
As to the main Objects of Objection record his continuing objection to such class of questions.

- Objections as to exhibits or documents or objects Ruling of the Court on Objection (Section 38 of Rule 132)
o Objections to the documentary evidence or object evidence
- WHEN COURT CAN MAKE A RULING ON THE OBJECTION
being offered orally or in writing o The ruling of the court must be given:
- Objection as to question asked by the proponent in trial
 Immediately after the objection is made,
o objection during the taking of the testimony of the witness
 Unless the court desires to take a reasonable time
As to the number of Objections to inform itself on the question presented; but the
ruling shall always be made during the trial and at
- Seasonable Objection such time as will give the party against whom it is
o Objection which is raised every opportune time on every made an opportunity to meet the situation
question propounded when the circumstances call for it presented by the ruling.
- Continuing Objection - ACTIONS TAKEN BY THE COURT IN RULING ON THE OBJECTION:
o When repetition on the line of questioning is unnecessary o The Court making a ruling on the objection may state:
As to the actions taken by the court on the objection raised  The reason for sustaining or overruling an objection
need not be stated.
- Overruled Objections
  However, if the objection is based on two or more o If documents or things offered in evidence are excluded by
grounds, a ruling sustaining the objection on one or the court, the offeror may have the same attached to or
some of them must specify the ground or grounds made part of the record.
relied upon. o If the evidence excluded is oral, the offeror may state for
- EFFECTS IF NO RULING OF THE COURT IS MADE DURING TRIAL the record the name and other personal circumstances of
o Counsel would have no means of knowing whether or not the witness and the substance of the proposed testimony.
he would be compelled to meet any evidence at all, hence it  As ruled further in Catacutan v. People (GR no.
would prejudice the substantial rights of his client (Lopez v. 175991)
Valdez, 32 Phil. 644)
______________________________________________________________
- CALLING ON THE ATTENTION OF THE COURT TO MAKE RULING
SHOULD BE MADE
o The failure of the court to make such ruling should be
brought to its attention, failing in which the case cannot be
reopened for a new trial on that ground (People v. Singh, 45
Phil. 676)
- EFFECT OF RESERVATION OF A RULING WITHOUT EXCLUDING THE
SAME IS CONSIDERED A DENIAL OF THE OBJECTION (People v.
Tavera, 47 Phil. 645)

Rule on Striking out an answer (Section 39 of Rule132)

- INSTANCES WHERE THE COURT MAY ORDER THE STRIKING OUT OF

THE ANSWER:
o Should a witness answer the question before the adverse
SPECIAL PROCEEDINGS (RULES 72-109)
party had the opportunity to voice fully its objection to the (Ang main focus dito sa SPECPRO ay itong apat: Settlement of Estate, Writ of Habeas
same, and such objection is found to be meritorious, the Corpus, Writ of Amparo, and Writ of Habeas Data)
court shall sustain the objection and order the answer given
A. PRELIMINARY MATTERS INVOLVING SPECIAL PROCEEDINGS
to be stricken off the record.
o On proper motion, the court may also order the striking out Special Proceedings defined: (Section 3 of Rule 1)
of answers which are incompetent, irrelevant, or otherwise
- A special proceeding is a remedy by which a party seeks to establish
improper
a status, a right or a particular fact.
- Facts which are stricken out cannot be considered unless
established by other evidence on record (Metropolitan Bank and Nature
Trust Company v. Custodio, GR No. 173780)
- NON-ADVERSARIAL
Rule on Tender of Excluded Evidence (Section 40 of Rule 132) o Except when there is an oppositor in a probate of a will, an
interested party in proceedings under Rules 103 (Change of
- RULE ON PROFFER OF EVIDENCE: HOW MADE
Name), and, 108 (Correction of Entries in the Civil Registry)
 o In petitions for Habeas Corpus (Rule 102), Amparo, and Data  (d) Trustees;
where there is a respondent  (e) Adoption;
- IT IS A PROCEEDING IN REM  (f) Rescission and revocation of adoption;
o The decision is binding upon the whole world  (g) Hospitalization of insane persons;
- Parties are the following  (h) Habeas corpus;
o Petitioner  (i) Change of name;
o Respondent  (j) Voluntary dissolution of corporations;
 (k) Judicial approval of voluntary recognition of
Sources of the Rules on Special Proceedings minor natural children;
- 1987 Constitution  (l) Constitution of family home;
- Rules 72 to 109 of the Rules of Court  (m) Declaration of absence and death;
- RA 7160 or otherwise known as the Katarungang Pambarangay Law  (n) Cancellation of correction of entries in the civil
- BP 129 as amended by RA 7691 or An Act Expanding the Jurisdiction registry.
of the MTC (particularly those with respect to gross estate of the - What is listed in Section 1 of Rule 72 is not exclusive: As long as the
deceased) remedy seeks to establish a right, status or a particular fact, it is a
- RA 9048 or Correction of Entries in the Civil Registry special proceeding.
- RA 8043 Rule on Inter Country Adoption - OTHER TYPES OF SPECIAL PROCEEDINGS
- RA 9262 or otherwise known as the VAWC law o Annulment of Marriage
- RA 8799 or otherwise known as the Securities and Regulation Code o Writ of Amparo
- RA 10142 or otherwise known as the Financial Rehabilitation and o Habeas Data
Insolvency Act o Alternative Dispute Resolution
- BP 68 or otherwise known as the Corporation Code of the o Corporate Rehabilitation
Philippines o Liquidation Proceedings
- Rules on the Writ of Amparo (AM no. 07-9-12-sc) o Correction of Clerical Errors
- Rules on the writ of Habeas Data (AM no. 08-1-16-sc) o Naturalization Proceedings
- EO no. 209 or otherwise known as The Family Code of the o Commitment of Children
Philippines o Arbitration
- Judicial Decisions of the Supreme Court
Suppletory Application of the Rules on Ordinary Civil Actions (Section 2 of
Subject matter and Applicability of General Rules (Section 1 of Rule 72) Rule 72)
- WHAT MAY BE CONSIDERED AS SPECIAL PROCEEDINGS: - RULE ON SUPPLETORY APPLICATION OF RULES ON CIVIL ACTIONS:
o Rules of special proceedings are provided for in the o In the absence of special provisions, the rules provided for
following cases: in ordinary actions shall be, as far as practicable, applicable
 (a) Settlement of estate of deceased persons; in special proceedings.
 (b) Escheat; - SPECIFIC PROVISIONS OF RULES ON ORDINARY CIVIL ACTIONS
 (c) Guardianship and custody of children; WHICH ARE SUPPLETORILY APPLICABLE TO SPECIAL PROCEEDINGS
 o Rules on Pleadings (Rule 7) Greater than In Metro Manila Regional Trial Court
o Rules on Motions (Rule 14) Php 400,000
o Motion to Dismiss (Rule 16) REMEMBER THIS IS JURISDICTION HA NOT VENUE. DO NOT CONFUSE THE
o Rules on Appeal (Rules 40, 41, 42, 44, 45) TWO CONCEPTS*
o Rules on Motion for Reconsideration and or New Trial Kinds of Settlement of the Estate:
(Rules 37, 52, 53 as the case may be)
o Rules on Venue (Rule 4) The Rules of Court provide for 4 types of Settlement of the Estate:

B. SETTLEMENT OF THE ESTATE OF THE DECEASED PERSON - Extra Judicial Settlement of Estate (Section 1 of Rule 74)
- Summary Settlement of Estates of Small Value (Section 2 of Rule 74)
o This can either be Intestate or Probate proceedings
I. VENUE AND PROCESS - Probate Proceedings (Rule 76 of the Rules of Court)
- Intestate Proceedings (Rule 78 of the Rules of Court)
Settlement of Estate Defined:
Venue and Process of Settlement of Estate (Section 1 of Rule 73)
- a conciliation proceeding where the property of the deceased would
be distributed either according to the provisions of law or the will of - RULE IF DECEDENT IS A RESIDENT OF THE PHILIPPINES AT THE TIME
the decedent/testator OF HIS DEATH
o If the decedents is an inhabitant of the Philippines at the
Estate defined time of his death, whether a citizen or an alien, his will shall
- is an artificial being created by operation of law which will be proved, or letters of administration granted, and his
undertake distribution of properties left by the deceased. estate settled, in the Court of First Instance in the province
- being a juridical being, it can sue and be sued as provided by law. in which he resides at the time of his death, and
- RULE IF HE IS A NON-RESIDENT
Court who has Jurisdiction over the Settlement of the Estate of the o If he is an inhabitant of a foreign country, the Court of First
Deceased (BP 129 as amended by RA 7691) Instance of any province in which he had estate.
- RULE ON FIRST COGNIZANCE OF THE COURT
- It would depend on the gross value of the estate of the decedent
o The court first taking cognizance of the settlement of the
and where such is situated
estate of a decedent, shall exercise jurisdiction to the
GROSS VALUE LOCATION OF COURT WHICH HAS exclusion of all other courts. The jurisdiction assumed by a
OF ESTATE OF THE PROPERTY JURISDICTION OVER court, so far as it depends on the place of residence of the
DECEASED SETTLEMENT CASE decedent, or of the location of his estate, shall not be
Less than Php Outside Metro Metropolitan Trial Court contested in a suit or proceeding, except in an appeal from
300,000 Manila that court, in the original case, or when the want of
Greater than Outside Metro Regional Trial Court jurisdiction appears on the record.
Php 300,000 Manila
- POWERS OF THE PROBATE COURT (A court with limited
Less than Php In Metro Manila Metropolitan Trial Court
jurisdiction)
400,000
o To determine the heirs of the decedent
 o To make a just and legal distribution of the estate jurisdiction, it may issue a warrant for the
o AS A GENERAL RULE: apprehension and imprisonment of such person
 The probate court has no power to adjudicate on until he performs such order or judgment, or is
the issue of ownership of the property of the released. (Relate to Section 4 and 5 of Rule 75)
decedent in settlement proceedings
Presumption of Death (Section 4 of Rule 73)
o EXCEPTION
 When there is consent from all the parties involved - RULE ON PRESUMPTION OF DEATH:
 For the purposes of Collation o For purposes of settlement of his estate, a person shall be
- VENUE IS WAIVABLE presumed dead if absent and unheard from for the periods
fixed in the Civil Code.
Settlement of the Estate upon Dissolution of Marriage (Section 2 of Rule
- IF PERSON IS ALIVE
73)
o But if such person proves to be alive, he shall be entitled to
- RULE IF MARRIAGE IS DISSOLVED BY DEATH OF ONE OF THE the balance of his estate after payment of all his debts. The
SPOUSES: balance may be recovered by motion in the same
o When the marriage is dissolved by the death of the husband proceeding.
or wife:,
Presumption of death for purposes of succession (Pertinent Civil Code
 The community property shall be inventoried,
Provisions)
administered, and liquidated, and
 The debts thereof paid, - Article 390. After an absence of seven years, it being unknown
o in the testate or intestate proceedings of the deceased whether or not the absentee still lives, he shall be presumed dead
spouse. for all purposes, except for those of succession.
- RULE OF BOTH SPOUSES DIED - The absentee shall not be presumed dead for the purpose of
o If both spouses have died, the conjugal partnership shall be opening his succession till after an absence of ten years. If he
liquidated in the testate or intestate proceedings of either. disappeared after the age of seventy-five years, an absence of five
years shall be sufficient in order that his succession may be opened.
Power of the Probate Court to Issue Warrants and Processes (Section 3 of
(n)
Rule 73)
- Article 391. The following shall be presumed dead for all purposes,
- POWER OF THE PROBATE COURT TO ISSUE WARRANTS: SCOPE: including the division of the estate among the heirs:
o In the exercise of probate jurisdiction, Courts of First - (1) A person on board a vessel lost during a sea voyage, or an
Instance may: aeroplane which is missing, who has not been heard of for four
 Issue warrants and process necessary to compel the years since the loss of the vessel or aeroplane;
attendance of witnesses or - (2) A person in the armed forces who has taken part in war, and has
 To carry into effect their orders and judgments, and been missing for four years;
all other powers granted them by law. - (3) A person who has been in danger of death under other
 If a person does not perform an order or judgment circumstances and his existence has not been known for four years.
rendered by a court in the exercise of its probate (n)
 - Article 392. If the absentee appears, or without appearing his o It shall be presumed that the decedent left no debts if no
existence is proved, he shall recover his property in the condition in creditor files a petition for letters of administration within
which it may be found, and the price of any property that may have two (2) years after the death of the decedent.
been alienated or the property acquired therewith; but he cannot o The fact of the extrajudicial settlement or administration
claim either fruits or rents. (194) shall be published in a newspaper of general circulation in
the manner provided in the nest succeeding section; but no
extrajudicial settlement shall be binding upon any person
II. SUMMARY SETTLEMENT OF ESTATES who has not participated therein or had no notice thereof.
- REQUISITES OF EXTRAJUDICIAL SETTLEMENT OF ESTATE: (INLPPB)
Extrajudicial Settlement of Estate (Section 1 of Rule 74)
o Decedent died intestate
- EXTRAJUDICIAL SETTLEMENT BY AGREEMENT: o There are no outstanding debts at time of settlement
o If the decedent left no will and no debts and o Heirs are all of legal age or minors represented by judicial
o The heirs are all of age, or the minors are represented by guardians or legal representative
their judicial or legal representatives duly authorized for the o The settlement is made in a public instrument or by means
purpose, of affidavit in case of a sole heir, duly filed with the registry
o The parties may without securing letters of administration, of deeds
divide the estate among themselves as they see fit by  Extrajudicial Settlement if multiple heirs agree
means of a public instrument filed in the office of the  Affidavit of Sole Heirship if there is only one heir
register of deeds, and should they disagree, they may do so o Publication of the extrajudicial settlement in a newspaper of
in an ordinary action of partition. general circulation in the province once a week for 3
o If there is only one heir, he may adjudicate to himself the consecutive weeks
entire estate by means of an affidavit filled in the office of o Filing of a bond equivalent to value of personal property
the register of deeds. posted with the Registry of deeds
o The parties to an extrajudicial settlement, whether by public
Summary Settlement of Estates of Small Value (Section 2 of Rule 74)
instrument or by stipulation in a pending action for
partition, or the sole heir who adjudicates the entire estate - RULE ON SUMMARY SETTLEMENT OF SMALL VALUE:
to himself by means of an affidavit shall file, simultaneously o Whenever the gross value of the estate of a deceased
with and as a condition precedent to the filing of the public person, whether he died testate or intestate, does not
instrument, or stipulation in the action for partition, or of exceed ten thousand pesos, and that fact is made to appear
the affidavit in the office of the register of deeds, a bond to the Court of First Instance having jurisdiction of the
with the said register of deeds, in an amount equivalent to estate by the petition of an interested person and upon
the value of the personal property involved as certified to hearing, which shall be held not less than one (1) month nor
under oath by the parties concerned and conditioned upon more than three (3) months from the date of the last
the payment of any just claim that may be filed under publication of a notice which shall be published once a week
section 4 of this rule. for three (3) consecutive weeks in a newspaper of general
circulation in the province, and after such other notice to
 interest persons as the court may direct, the court may succession intestate succession
proceed summarily, without the appointment of an There must be no outstanding Available even if there are debts; it
executor or administrator, and without delay, to grant, if debts at the time of the settlement is the court which will make a
proper, allowance of the will, if any there be, to determine of the estate provision for its payment
who are the persons legally entitled to participate in the Resorted to at the instance of and May be instituted by any interested
estate, and to apportion and divide it among them after the by agreement of all heirs party, even a creditor of the estate
payment of such debts of the estate as the court shall then without the consent of all heirs
find to be due; and such persons, in their own right, if they Amount of Bond is equivalent to Amount of bond is to be
the value of personal property determined by the Court
are of lawful age and legal capacity, or by their guardians or
trustees legally appointed and qualified, if otherwise, shall
thereupon be entitled to receive and enter into the Bond filed by distributes (Section 3 of Rule 74)
possession of the portions of the estate so awarded to them
respectively. - WHEN DISTRIBUTEES SHOULD FILE THEIR BOND:
o The court shall make such order as may be just respecting o The court, before allowing a partition in accordance with
the provisions of the preceding section, my require the
the costs of the proceedings, and all orders and judgments
distributees, if property other than real is to be distributed,
made or rendered in the course thereof shall be recorded in
to file a bond in an amount to be fixed by court, conditioned
the office of the clerk, and the order of partition or award, if
for the payment of any just claim which may be filed under
it involves real estate, shall be recorded in the proper
the next succeeding section.
register's office.
- REQUISITES OF SUMMARY SETTLEMENT OF ESTATE OF SMALL Liability of distributes and estate (Section 4 of Rule 74)
VALUE: (10k, BH)
o The complaint must allege that the gross value of the estate - REMEDY OF THE AGGRIEVED PARTY AFTER THE EXTRAJUDICIAL
of the deceased does not exceed P10,000 SETTLEMENT OF ESTATE OR SUMMARY SETTLEMENT OF ESTATE:
o A bond has been duly filed in an amount fixed by the court o If it shall appear at any time within two (2) years after the
o A proper hearing is held not less than one month nor more settlement and distribution of an estate in accordance with
than 3 months the provisions of either of the first two sections of this rule,
that:
Distinguish Extrajudicial Settlement vs. Summary Settlement of Estate of  An heir or other person has been unduly deprived
Small Value of his lawful participation in the estate, such heir or
such other person may compel the settlement of
EXTRAJUDICIAL SETTLEMENT SUMMARY SETTLEMENT OF
the estate in the courts in the manner hereinafter
(SECTION 1 OF RULE 74) ESTATE OF SMALL VALUE
(SECTION 2 OF RULE 74) provided for the purpose of satisfying such lawful
No court intervention is required Judicial adjudication is required participation.
although summary  And if within the same time of two (2) years, it shall
Value of estate is immaterial Gross value must not exceed Php appear that there are debts outstanding against the
10,000 estate which have not been paid, or that an heir
Allowed only in intestate Allowed in both testate and
  or other person has been unduly deprived of his Allowance of Wills (Section 1 of Rule 75)
lawful participation payable in money,
- REASON FOR PROBATE: PROBATE IS MANDATORY
o the court having jurisdiction of the estate may, by order for
o No will shall pass either real or personal estate unless it is
that purpose, after hearing, settle the amount of such
proved and allowed in the proper court. Subject to the right
debts or lawful participation and order how much and in
of appeal, such allowance of the will shall be conclusive as
what manner each distributee shall contribute in the
to its due execution.
payment thereof, and may issue execution, if
o PUBLIC POLICY SO REQUIRES IT
circumstances require, against the bond provided in the
- NATURE OF PROBATE PROCEEDINGS:
preceding section or against the real estate belonging to the
o In rem, because it binds the whole world by virtue of the
deceased, or both. Such bond and such real estate shall
remain charged with a liability to creditors, heirs, or other publication of the petition
persons for the full period of two (2) years after such - EFFECT OF PROBATE:
distribution, notwithstanding any transfers of real estate o Once a will is allowed, res judicata applies.
that may have been made. o After the finality of the allowance of a will, the issue as to
the voluntariness of its execution cannot be raised anymore
Period for claim of Minor or Incapacitated Person (Section 5 of Rule 74) (Gallanosa v. Arcangel, GR No. L- 29300)
- If on the date of the expiration of the period of two (2) years Duties of both Custodian and Executor (Sections 2 and 3 of Rule 75)
prescribed in the preceding section the person authorized to file a
claim is a minor or mentally incapacitated, or is in prison or outside - DUTY OF THE CUSTODIAN TO DELIVER THE WILL: TIMEFRAME
the Philippines, he may present his claim within one (1) year after (Section 2)
such disability is removed. o The person who has custody of a will shall, within twenty
(20) days after he knows of the death of the testator,
deliver the will to the court having jurisdiction, or to the
III. PRODUCTION OF WILL executor named in the will.
- DUTY OF THE EXECUTOR NAMED HEREIN: ACCEPTANCE AND
Will defined REFUSAL (Section 3)
o A person named as executor in a will shall, within twenty
- a species of conveyance whereby a person is permitted with the
(20) days after he knows of the death of the testate, or
formalities prescribed by law to control to a certain degree the
within twenty (20) days after he knows that he is named
disposition of his estate after his death.
executor if he obtained such knowledge after the death of
Kinds of Wills the testator:,
 Present such will to the court having jurisdiction,
- Notarial Will
unless the will has reached the court in any other
o A will which must comply with the formalities provided in
manner,
the pertinent provisions of the New Civil Code
 and shall, within such period, signify to the court in
- Holographic
writing his acceptance of the trust or his refusal to
o A will written, dated, and signed entirely by the testator
accept it.
Penalties Imposed on Custodian and Executor (Section 4 of Rule 75)  Jurisdictional facts are as follows: (DREDV)
o Death of the testator
- A person who neglects any of the duties required in the two last
o Residence of the testator at the
preceding sections without excused satisfactory to the court shall
time of his death
be fined not exceeding two thousand pesos.
o Place where testator left his estate
A Person retaining the Will may Be Committed: (Section 5 of Rule 75) o That the will has been delivered to
the court and is in the possession
- A person having custody of a will after the death of the testator who
thereof, unless not yet delivered
neglects without reasonable cause to deliver the same, when
o Value of the Estate to determine
ordered so to do, to the court having jurisdiction, may be
the court with jurisdiction
committed to prison and there kept until he delivers the will.
 (b) The names, ages, and residences of the heirs,
legatees, and devisees of the testator or decedent;
 (c) The probable value and character of the
IV. ALLOWANCE OR DISALLOWANCE OF WILL: PROBATE
property of the estate;
Probate defined  (d) The name of the person for whom letters are
prayed;
- a judicial act whereby an instrument is adjudged valid and is  (e) If the will has not been delivered to the court,
ordered to be recorded the name of the person having custody of it.
Who may file for probate (Section 1 of Rule 76) o But no defect in the petition shall render void the allowance
of the will, or the issuance of letters testamentary or of
- WHO MAY FILE: 2 TYPES OF PROBATE: administration with the will annexed.
o POST MORTEM PROBATE
 Any executor, devisee, or legatee named in a will, or Court to Appoint time for Proving Will (Section 3 of Rule 76)
any other person interested in the estate, may, at - WHEN COURT SHALL FIX TIME FOR PROVING WILL:
any time after the death of the testator, petition the o When a will is delivered to, or a petition for the allowance
court having jurisdiction to have the will allowed,
of a will is filed in, the court having jurisdiction,
whether the same be in his possession or not, or is
- OBLIGATIONS OF THE COURT AFTER THE WILL IS DELIVERED:
lost or destroyed.
o Such court shall fix a time and place for proving the will
- ANTE-LITEM PROBATE
when all concerned may appear to contest the allowance
o The testator himself may, during his lifetime, petition the
thereof, and
court for the allowance of his will.
o Shall cause notice of such time and place to be published
Contents of the Petition (Section 2 of Rule 76) three (3) weeks successively, previous to the time
appointed, in a newspaper of general circulation in the
- WHAT DOES THE PETITION CONTAIN? province.
o A petition for the allowance of a will must show, so far as o But no newspaper publication shall be made where the
known to the petitioner: petition for probate has been filed by the testator himself.
 (a) The jurisdictional facts;
 - HOW PROBATE COURT ACQUIRES JURISDICTION OVER THE o If no person appears to contest the allowance of the will,
SETTLEMENT PROCEEDINGS: the court may grant allowance thereof on the testimony of
o By attachment of the will to the petition or one of the subscribing witnesses only, if such witness
o By delivery of the will to the court testify that the will was executed as is required by law.
- PROOF NEEDED IF HOLOGRAPHIC WILL IS UNCONTESTED:
Notification to Heirs, Devisees, Legatees and Executors (Section 4 of Rule
o In the case of a holographic will, it shall be necessary that at
76)
least one witness who knows the handwriting and
- NOTICE TO HEIRS, DEVISEES, LEGATEES, AND EXECUTORS: signature of the testator explicitly declare that the will and
PERSONAL SERVICE OR SERVICE BY MAIL: HOW MADE the signature are in the handwriting of the testator.
o The court shall also cause copies of the notice of the time o RULE IF COMPETENT WITNESS IS ABSENT (HOLOGRAPHIC
and place fixed for proving the will to be addressed to the WILL):
designated or other known heirs, legatees, and devisees of  In the absence of any such competent witness, and
the testator resident in the Philippines at their places of if the court deem it necessary, expert testimony
residence, and deposited in the post office with the postage may be resorted to.
thereon prepaid at least twenty (20) days before the
Proof of Lost or Destroyed Will (Section 6 of Rule 76) (Relate this with
hearing, if such places of residence be known.
Section 3 of Rule 130, BEST EVIDENCE RULE)
- SERVICE TO EXECUTOR
o A copy of the notice must in like manner be mailed to the - HOW TO PROVE LOST OR DESTROYED WILL?
person named as executor, if he be not the petitioner; also, o No will shall be proved as a lost or destroyed will unless:
to any person named as co-executor not petitioning, if their  The execution and validity of the same be
places of residence be known. Personal service of copies of established, and
the notice at lest (10) days before the day of hearing shall  The will is proved to have been in existence at the
be equivalent to mailing. time of the death of the testator, or
- RULE IF IT IS THE TESTATOR HIMSELF WHO ASKS FOR ALLOWANCE  Is shown to have been fraudulently or accidentally
OF HIS WILL destroyed in the lifetime of the testator without his
o If the testator asks for the allowance of his own will, notice knowledge, nor unless its provisions are clearly and
shall be sent only to his compulsory heirs. distinctly proved by at least two (2) credible
witnesses.
Proof if Either Notarial or Holographic Will is Uncontested (Section 5 of
o When a lost will is proved, the provisions thereof must be
Rule 76)
distinctly stated and certified by the judge, under the seal of
- PROOF NEEDED IF NOTARIAL WILL IS UNCONTESTED the court, and the certificate must be filed and recorded as
o At the hearing compliance with the provisions of the last other wills are filed and recorded.
two preceding sections must be shown before the - THIS IS AN EXCEPTION TO THE BEST EVIDENCE RULE UNDER
introduction of testimony in support of the will. SECTION 3 OF RULE 130
o All such testimony shall be taken under oath and reduced to o GENERAL RULE OF BEST EVIDENCE RULE:
writing.
  When the subject of inquiry is the contents of a Rule if the Will is Contested (Section 11 of Rule 76)
document, no evidence shall be admissible other
- IN CASE OF NOTARIAL WILLS:
than the original document itself
o If the will is contested,
Rule When Witness does not reside in the Province: Deposition (Section 7  All the subscribing witnesses, and
of Rule 76)  The notary in the case of wills executed under the
Civil Code of the Philippines, if present in the
- PROOF WHEN WITNESSES DO NOT RESIDE IN THE PROVINCE
Philippines and not insane, must be produced and
o If it appears at the time fixed for the hearing that none of
examined, and the death, absence, or insanity of
the subscribing witnesses resides in the province, but that
any of them must be satisfactorily shown to the
the deposition of one or more of them can be taken
court.
elsewhere,
o RULE IF WITNESSES ARE OUTSIDE THE PROVINCE WHERE
o the court may, on motion, direct it to be taken, and may
THE WILL HAS BEEN FILED
authorize a photographic copy of the will to be made and to
 If all or some of such witnesses are present in the
be presented to the witness on his examination,
Philippines but outside the province where the will
o Who may be asked the same questions with respect to it,
has been filed, their deposition must be taken.
and to the handwriting of the testator and others, as would
o RULE IF ANY WITNESS FAILS TO REMEMBER ATTESTING TO
be pertinent and competent if the original will were
SUCH WILL IF THEY TESTIFY AGAINST THE DUE EXECUTION
present.
OF THE WILL
- The rule is that when the witness does not reside in the same
 If any or all of them testify against the due
province as the testator, his deposition may be taken on motion
execution of the will, or do not remember having
o Provided that a photographic copy of the will be made and
attested to it, or are otherwise of doubtful
presented to the witness on his examination.
credibility, the will may nevertheless, be allowed if
Proof When Witneesses is dead or insane or do not reside in the the court is satisfied from the testimony of other
Philippines (Section 8 of Rule 76) witnesses and from all the evidence presented that
the will was executed and attested in the manner
- RULE IF SUBSCRIBING WITNESSES ARE DEAD, INSANE OR DO NOT required by law.
RESIDE IN THE PHILIPPINES: - IN CASE OF HOLOGRAPHIC WILLS
o If the appears at the time fixed for the hearing that the o If a holographic will is contested, the same shall be allowed
subscribing witnesses are dead or insane, or that none of if at least three (3) witnesses who know the handwriting of
them resides in the Philippines, the court may: the testator explicitly declare that the will and the signature
 Admit the testimony of other witnesses to prove are in the handwriting of the testator;
the sanity of the testator, and - RULE IF THERE ARE COMPETENT WITNESSES ABSENT IN EITHER
 The due execution of the will; and CASE:
 As evidence of the execution of the will, it may o In the absence of any competent witnesses, and if the court
admit proof of the handwriting of the testator and deem it necessary, expert testimony may be resorted to.
of the subscribing witnesses, or of any of them.
Proof Where Testator Himself petitions for allowance of Holographic Will - Anyone appearing to contest the will must state in writing his
(Section 12 of Rule 76) grounds for opposing its allowance, and serve a copy thereof on the
petitioner and other parties interested in the estate.
- PROOF NEEDED FOR ALLOWANCE OF WILL IF TESTATOR HIMSELF
PETITIONS FOR IT: Rule When the Will is admitted to Probate (Section 13 of Rule 76)
o Where the testator himself petitions for the probate of his
- ISSUANCE OF CERTIFICATE OF ALLOWANCE: HOW MADE
holographic will and no contest is filed:
o If the court is satisfied, upon proof taken and filed, that the
 The fact that he affirms that the holographic will
will was duly executed, and that the testator at the time of
and the signature are in his own handwriting, shall
its execution was of sound and disposing mind, and not
be sufficient evidence of the genuineness and due
acting under duress, menace, and undue influence, or fraud:
execution thereof.
 A certificate of its allowance,
o If the holographic will is contested,
 signed by the judge, and
 The burden of disproving the genuineness and due
 attested by the seal of the court
execution thereof shall be on the contestant. The
 Shall be attached to the will and the will and
testator to rebut the evidence for the contestant.
certificate filed and recorded by the clerk.
Grounds for Disallowance of the Will (Section 9 of Rule 76)  Attested copies of the will devising real estate and
of certificate of allowance thereof, shall be
- The will shall be disallowed in any of the following cases:
recorded in the register of deeds of the province in
o LACK OF LEGAL FORMALITY
which the lands lie.
 (a) If not executed and attested as required by law;
o LACK OF TESTAMENTARY CAPACITY Rule on Reprobate (Sections 1-4 of Rule 77)
 (b) If the testator was insane, or otherwise mentally
- Wills proved and allowed in a foreign country, according to the laws
incapable to make a will, at the time of its
of such country, may be allowed, filed, and recorded by the proper
execution;
Court of First Instance in the Philippines.
o WILL WAS NOT DULY EXECUTED: VITIATION
 (c) If it was executed under duress, or the influence
- When a copy of such will and of the order or decree of the
of fear, or threats;
allowance thereof, both duly authenticated, are filed with a petition
 (d) If it was procured by undue and improper
for allowance in the Philippines, by the executor or other person
pressure and influence, on the part of the
interested, in the court having jurisdiction, such court shall fix a time
beneficiary, or of some other person for his benefit;
and place for the hearing, and cause notice thereof to be given as in
 (e) If the signature of the testator was procured by
case of an original will presented for allowance.
fraud or trick, and he did not intend that the
instrument should be his will at the time of fixing his
- If it appears at the hearing that the will should be allowed in the
signature thereto.
Philippines, the court shall so allow it, and a certificate of its
Contestant to file the Ground of Contest (Section 10 of Rule 76) allowance, signed by the judge, and attested by the seal of the
court, to which shall be attached a copy of the will, shall be filed and
 recorded by the clerk, and the will shall have the same effect as if - a person appointed by the court of probate to administer and settle
originally proves and allowed in such court. intestate estates and such testate estates where no executor is
named
- When a will is thus allowed, the court shall grant letters
Administrator with will Annexed
testamentary, or letters of administration with the will annexed,
and such letters testamentary or of administration, shall extend to - a person appointed by the court of probate to administer and settle
all the estate of the testator in the Philippines. Such estate, after the intestate estates and such testate estates where the executor
payment of just debts and expenses of administration, shall be named is incompetent, refuses the trust or fails to give a bond
disposed of according to such will, so far as such will may operate
upon it; and the residue, if any shall be disposed of as is provided by Distinctions between Executor and Administrator
law in cases of estates in the Philippines belonging to persons who EXECUTOR ADMINISTRATOR
are inhabitants of another state or country. HOW APPOINTED Nominated by the Appointed by the
testator and court in the following
appointed by the court instances:
- REQUISITES FOR REPROBATE OF WILL TO BE ALLOWED: Petitioner 1.) The will did not
must present evidence of the following before the reprobate of appoint an executor
the will: (FDAPL) (Vda de Perez v. Tolete, GR No. 76714) 2.) The executor
o Due execution of the will in accordance with the foreign appointed in the will is
laws incompetent, refused
the appointment, or
o Testator had his domicile in the foreign country and not the
failed to give a bond
Philippines
3.) The will was
o The Will has Been admitted to probate in such country disallowed
o The foreign tribunal is a probate court 4.) The deceased died
o The laws of a foreign country on procedure and allowance intestate
of Wills OBLIGATION TO Executor is required to No such requirement
PRESENT THE WILL IN present the will to the
IV. LETTERS TESTAMENTARY AND OF ADMINISTRATION, EXECUTORS AND COURT court within 20 days
ADMINISTRATORS after the knowledge of
Executor defined the testator’s death or
after he knows that he
- a person nominated by a testator in his will to carry out his direction was appointed as
and request thereof and to dispose of the property according to his executor
testamentary provisions after his death. BOND Testator may direct Always required to file
that the executor a bond
Administrator defined serve without bond or
with only is individual
bond conditioned only
 to pay the testator’s - The Executor of an executor shall not as such administer the estate
debts; but the court of the first testator
may require the
executor to execute a Rule on Married Women as Executor (Section 3 of Rule 78)
bond in case of a - A married woman may serve as executrix or administratrix, and the
change in
marriage of a single woman shall not affect her authority so to serve
circumstance for other
under a previous appointment.
sufficient cause
AMOUNT OF If the testator makes a Amount is fixed by Letters Testamentary: When Issued (Section 4 of Rule 78)
COMPENSATION provision in the will for Rule 85 Section 7
the compensation of - When a will has been proved and allowed, the court shall issue
his executor, that letters testamentary thereon to the person named as executor
provision shall be a full therein:
satisfaction for his o if he is competent,
services, unless he o accepts the trust,
renounces by a written o and gives bond as required by these rules.
instrument all the
- If he refuses the trust, is incompetent or does not give the bond
claim to the
required by the rules then Administration with will annexed will
compensation as
provided in the will begin (May iaappoint na administrator)

Where some co-executors disqualified others may act (Section 5 of Rule

Who are Incompetent to Serve as Executors or Administrators (Section 1 78)
of Rule 78) - When all of the executors named in a will cannot act because of
- No person in competent to serve as executor or administrator who: incompetency, refusal to accept the trust, or failure to give bond, on
o (a) Is a minor; the part of one or more of them:
o (b) Is not a resident of the Philippines; and o letters testamentary may issue to such of them as are
o (c) Is in the opinion of the court unfit to execute the duties competent, accept and give bond,
o and they may perform the duties and discharge the trust
of the trust by reason of:
 drunkenness, required by the will.
 improvidence, or
 want of understanding or
 integrity, or Order of preference of Administrators (Section 6 of Rule 78)
 by reason of conviction of an offense involving - WHEN AND TO WHOM LETTERS OF ADMINISTRATION GRANTED:
moral turpitude. o If no executor is named in the will, or the executor or
Executor of Executor not to administer Estate (Section 2 of Rule 78) executors are incompetent, refuse the trust, or fail to give
bond, or a person dies intestate, administration shall be
granted:
  To the surviving husband or wife, as the case may o And the court, after hearing upon notice, shall pass upon
be, or the sufficiency of such grounds.
 next of kin, or both, in the discretion of the court, or o A petition may, at the time, be filed for letters of
 to such person as such surviving husband or wife, or administration with the will annexed.
next of kin, requests to have appointed, if
competent and willing to serve; Contents of Petition (Section 2 of Rule 79)
o If such surviving husband or wife, as the case may be, or - WHAT PETITION MUST STATE:
next of kin, or the person selected by them, be incompetent o A petition for letters of administration must be filed by an
or unwilling, or if the husband or widow, or next of kin, interested person and must show, so far as known to the
neglects for thirty (30) days after the death of the person to petitioner:
apply for administration or to request that administration  (a) The jurisdictional facts;
be granted to some other person,  Jurisdictional facts are as follows: (DREDV)
 it may be granted to one or more of the principal o Death of the testator
creditors, if may be granted to one or more of the o Residence of the testator at the
principal creditors, if competent and willing to time of his death
serve; o Place where testator left his estate
 If there is no such creditor competent and willing to o That the will has been delivered to
serve, it may be granted to such other person as the the court and is in the possession
court may select. thereof, unless not yet delivered
o Simply, the order of preference is the following: o Value of the Estate to determine
 Surviving Spouse the court with jurisdiction
 Next of Kin  (b) The names, ages, and residences of the heirs,
 Person requested by the surviving spouse or next of and the names and residences of the creditors, of
kin the decedent;
 Principal Creditors  (c) The probable value and character of the
 Other persons that may be selected by the court property of the estate;
o In determination of who should be appointed as  (d) The name of the person for whom letters of
administrator the principal consideration of the court is the administration are prayed.
interest of the said person in the estate of the decedent. o But no defect in the petition shall render void the issuance
(Suntay v. Suntay, GR No. 183053) of letters of administration.
Opposition to the issuance of Letters Testamentary. Petition and Contest Duty of the Court after the Petition is filed (Section 3 of Rule 79)
for letters for administration (Section 1 of Rule 79)
- DUTY OF THE COURT: WHEN TO SET TIME FOR HEARING
- RULE ON CONTESTING THE ISSUANCE OF LETTERS TESTAMENTARY: o When a petition for letters of administration is filed in the
o Any person interested in a will may state in writing the
court having jurisdiction, such court shall fix a time and
grounds why letters testamentary should not issue to the place for hearing the petition, and
persons named therein as executors, or any of them,
 - NOTICE TO KNOWN HEIRS AND CREDITORS: HOW MADE - WHEN A SPECIAL ADMINISTRATOR CAN BE APPOINTED (Section 1)
o The court shall cause notice thereof to be given to the o The court may appoint a special administrator to take
known heirs and creditors of the decedent, and to any other possession and charge of the estate of the deceased until
persons believed to have an interest in the estate, in the the questions causing the delay are decided and executors
manner provided in sections 3 and 4 of Rule 76 or administrators appointed:
 When there is delay in granting letters testamentary
Opposition (Section 4 of Rule 79)
 Or of administration by any cause including an
- WHO CAN OPPOSE AND HOW OPPOSITION MADE: appeal from the allowance or disallowance of a will,
o Any interested person may, by filing a written opposition, - POWERS AND DUTIES OF A SPECIAL ADMINISTRATOR (Section 2)
contest the petition: (IR) o Such special administrator shall: (PPCPN)
 On the ground of the incompetency of the person  Take possession and charge of the goods, chattels,
for whom letters are prayed therein, or rights, credits, and estate of the deceased and
 On the ground of the contestant's own right to the  Preserve the same for the executors or
administration, administrator afterwards appointed, and
o And may pray that letters issue to himself, or to any  For that purpose he may commence and maintain
competent person or person named in the opposition. suits as administrator.
 He may sell only such perishable and other property
Hearing and Order for Letters to Issue (Section 5 of Rule 79) as the court orders sold.
- NOTICE REQUIREMENT IS MANDATORY:  A special administrator shall not be liable to pay any
o At the hearing of the petition, it must first be shown that debts of the deceased unless so ordered by the
notice has been given as hereinabove required, court.
o And thereafter the court shall hear the proofs of the parties - WHEN POWERS OF A SPECIAL ADMINISTRATOR CEASE (Section 3)
in support of their respective allegations, o When letters testamentary or of administration are
o And if satisfied that the decedent left no will, or that there is granted on the estate of the deceased, the powers of the
no competent and willing executor, it shall order the special administrator shall cease, and he shall forthwith
issuance of letters of administration to the party best deliver to the executor or administrator the goods, chattels,
entitled thereto. money, and estate of the deceased in his hands.
o The executor or administrator may prosecute to final
When Letters of Administration granted to any applicant (Section 6 of Rule judgment suits commenced by such special administrator.
79)
Distinctions between Regular and Special Administrator
- Letters of administration may be granted to any qualified applicant,
though it appears that there are other competent persons having REGULAR ADMINISTRATOR (RULE SPECIAL ADMINISTRATOR (RULE
better right to the administration, if such persons fail to appear 78) 80)
when notified and claim the issuance of letters to themselves. The court’s order of appointment, The court’s order of appointment,
being a final order, may be being interlocutory is not
Special Administrator (Section 1-3 of Rule 80) appealed appealable and may only be
challenged through a special civil
 action of certiorari raising as a  To render a true and just account of his
ground grave abuse of discretion administration to the court within one (1) years,
amounting to lack or excess of and at any other time when required by the court;
jurisdiction  To perform all orders of the court by him to be
One of the obligations is to pay and A Special Administrator is not performed.
discharge all the debts of the empowered to pay the estate’s - BOND WHERE DIRECTED IN WILL: (Section 2)
estate debts o If the testator in his will directs that the executors serve
Appointed only when the decedent Appointed only if there is a delay in
without bond, or with only his individual bond, he may be
dies intestate, fails to appoint an the granting of the letters of
allowed by the court to give bond in such sum and with
executor in his will, or the will of testamentary or administration or,
the testator was disallowed when the executor or administrator such surety as the court approves conditioned only to pay
is a claimant against the estate but the debts of the testator; but the court may require of the
only as to the portion over which executor a further bond in case of a change in his
there is a claim circumstance, or for other sufficient case, with the
conditions named in the last preceding section.
Order appointing special administrator is interlocutory therefore it is not - BONDS OF JOINT EXECUTORS AND ADMINISTRATORS: (Section 3)
appealable*. o When two or more persons are appointed executors or
administrators the court may take a separate bond from
Bonds of Administrators and Executors (Sections 1-4 Rule 81)
each, or a joint bond from all.
- OBLIGATIONS OF AN EXECUTOR OR ADMINSTRATOR BEFORE HE - BOND OF SPECIAL ADMINISTRATOR (Section 4)
ENTERS HIS TRUST: (Section 1) o A special administrator before entering upon the duties of
o Before an executor or administrator enters upon the his trust shall give a bond, in such sum as the court directs,
execution of his trust, and letters testamentary or conditioned that:
administration issue, he shall give a bond, in such sum as  He will make and return a true inventory of the
the court directs, conditioned as follows: goods, chattels, rights, credits, and estate of the
 To make and return to the court, within three (3) deceased which come to his possession or
months, a true and complete inventory of all goods, knowledge, and
chattels, rights, credits, and estate of the deceased  That he will truly account for such as are received
which shall come to his possession or knowledge or by him when required by the court, and
to the possession of any other person for him;  Will deliver the same to the person appointed
 To administer according to these rules, and, if an executor or administrator, or to such other person
executor, according to the will of the testator, all as may be authorized to receive them.
goods, chattels, rights, credits, and estate which
Revocation of Administration (Sections 1-4 of Rule 82)
shall at any time come to his possession or to the
possession of any other person for him, and from - ADMINISTRATION REVOKED IF WILL DISCOVERED: PROCEEDINGS
the proceeds to pay and discharge all debts, THEREUPON: (Section 1)
legacies, and charges on the same, or such o If after letters of administration have been granted on the
dividends thereon as shall be decreed by the court; estate of a decedent as if he had died intestate:
  His will is proved and allowed by the court,  Dies,
 EFFECTS OF REVOCATION OF LETTERS OF  Resign, or
ADMINISTRATION:  Is removed
 The letters of administration shall be o The remaining executor or administrator may administer
revoked and all powers thereunder cease, the trust alone, unless the court grants letters to someone
and to act with him.
 The administrator shall forthwith surrender o If there is no remaining executor or administrator,
the letters to the court, and administration may be to any suitable person.
 Render his account with such time as the - ACTS BEFORE REVOCATION, RESIGNATION OR REMOVAL TO BE
court directs. VALID: (Section 3)
 Proceeding for the issuance of letters o The lawful acts of an executor or administrator before the
testamentary or of administration under revocation of his letters testamentary or of administration,
the will shall be as hereinbefore provided. or before his resignation or removal, shall have the like
o Two instances when the court may revoke letters of validity as if there had been no such revocation, resignation,
administration that have already been granted: or removal.
 When the decedent’s will is discovered and - POWERS OF NEW EXECUTOR OR ADMINISTRATOR: RENEWAL OF
admitted to probate LICENSE TO SELL REAL ESTATE: (Section 4)
 When letters of administration are illegally issued o The person to whom letters testamentary or of
without jurisdiction administration are granted after the revocation of former
- COURT MAY REMOVE OR ACCEPT RESIGNATION OF EXECUTOR OR letters, or the death, resignation, or removal of a former
ADMINISTRATOR. PROCEEDING UPON DEATH, RESIGNATION, OR executor or administrator, shall have the like powers:
REMOVAL: (Section 2)  To collect and settle the estate not administered
o GROUNDS FOR REMOVAL OF TESTATOR OR that the former executor or administrator had, and
ADMINISTRATOR:  May prosecute or defend actions commenced by or
o If an executor or administrator: against the former executor or administrator, and
 Neglects to render his account and settle the estate  Have execution on judgments recovered in the
according to law, or name of such former executor or administrator.
 Neglects to perform an order or judgment of the o An authority granted by the court to the former executor or
court, or a duty expressly provided by these rules, administrator for the sale or mortgage of real estate may be
or renewed in favor of such person without further notice or
 Absconds, or hearing.
 Becomes insane, or
 Otherwise incapable or unsuitable to discharge the
trust, V. POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS
o The court may remove him, or in its discretion, may permit
him to resign.
o When an executor or administrator
(RULES 83-85 Are Self Explanatory sa Codal kaya they will be reproduced and take copies of, books and papers relating to the
as is. Di din nagtagal si Dean Tan sa Lectures ditto nagfocus kasi siya sa partnership business, and make examine and
Claims against the Estate, escheat habeas corpus and amparo) o Make invoices of the property belonging to such
partnership; and
Inventory and Appraisal. Provision for Support of Family (Sections 1-3 of o The surviving partner or partners, on request, shall exhibit
Rule 83) to him all such books, papers, and property in their hands or
control.
- INVENTORY AND APPRAISAL TO BE RETURNED WITHIN 3 MONTHS: o On the written application of such executor or
(Section 1) administrator, the court having jurisdiction of the estate
o Within three (3) months after his appointment every may order any such surviving partner or partners to freely
executor or administrator shall return to the court: permit the exercise of the rights, and to exhibit the books,
 A true inventory and appraisal of all real and papers, and property, as in this section provided, and may
personal estate of the deceased which has come punish any partner failing to do so for contempt.
into his possession or knowledge. - DUTY OF THE EXECUTOR OR ADMINISTRATOR TO KEEP BUILDINGS
 In the appraisement of such estate, the court may IN REPAIR: (Section 2)
order one or more of the inheritance tax appraisers o An executor or administrator shall maintain in tenanble
to give his or their assistance. repair the houses and other structures and fences belonging
- CERTAIN ARTICLES NEED NOT BE INVENTORIED (Section 2) to the estate, and deliver the same in such repair to the
o The wearing apparel of the surviving husband or wife and heirs or devisees when directed so to do by the court.
minor children - EXECUTOR OR ADMINISTRATOR TO RETAIN WHOLE ESTATE TO
o The marriage bed and bedding, and PAY DEBTS, AND TO ADMINISTER ESTATE NOT WILLED: (Section 3)
o Such provisions and other articles as will necessarily be o An executor or administrator shall have the right to the
consumed in the subsistence of the family of the deceased, possession and management of the real as well as the
under the direction of the court, shall not be considered as personal estate of the deceased so long as it is necessary for
assets, nor administered as such, and shall not be included the payment of the debts and the expenses of
in the inventory. administration.
- ALLOWANCE TO WIDOW AND FAMILY (Section 3)
o The widow and minor or incapacitated children of a RULE 85: Accountability and Compensation of Executors and
deceased person, during the settlement of the estate, shall Administrators
receive therefrom, under the direction of the court, such
allowance as are provided by law. Section 1. Executor or administrator chargeable with all estate and income.
— Except as otherwise expressly provided in the following sections, every
General Powers and Duties of Executors and Administrators (Sections 1-3 executor or administrator is chargeable in his account with the whole of the
of Rule 84) estate of the deceased which has come into his possession, at the value of
the appraisement contained in the inventory; with all the interest, profit,
- POWERS OF THE EXECUTOR OR ADMINISTRATOR: (Section 1) and income of such estate; and with the proceeds of so much of the estate
o The executor or administrator of the estate of a deceased as is sold by him, at the price at which it was sold.
partner shall at all times have access to, and may examine
Section 2. Not to profit by increase or lose by decrease in value. — No and for his services, four pesos per day for the time actually and necessarily
executor or administrator shall profit by the increase, or suffer loss by the employed, or a commission upon the value of so much of the estate as
decrease or destruction, without his fault, of any part of the estate. He must comes into his possession and is finally disposed of by him in the payment
account for the excess when he sells any part of the estate for more than of debts, expenses, legacies, or distributive shares, or by delivery to heirs or
the appraisement, and if any is sold for the less than the appraisement, he is devisees, of two  per centum  of the first five thousand pesos of such value,
not responsible for the loss, if the sale has justly made. If he settles any one  per centum  of so much of such value as exceeds five thousand pesos
claim against the estate for less than its nominal value, he is entitled to and does not exceed thirty thousand pesos, one-half  per centum  of so
charge in his account only the amount he actually paid on the settlement. much of such value as exceed one hundred thousand pesos. But in any
special case, where the estate is large, and the settlement has been
Section 3. When not accountable for debts due estate. — No executor or attended with great difficulty, and has required a high degree of capacity on
administrator shall be accountable for debts due the deceased which the part of the executor or administrator, a greater sum may be allowed. If
remain uncollected without his fault. objection to the fees allowed be taken, the allowance may be re-examined
on appeal.
Section 4. Accountable for income from realty used by him. — If the
executor or administrator uses or occupies any part of the real estate If there are two or more executors or administrators, the
himself, he shall account for it as may be agreed upon between him and the compensation shall be apportioned among them by the
parties interested, or adjusted by the court with their assent; and if the court according to the services actually rendered by them
parties do not agree upon the sum to be allowed, the same may be respectively.
ascertained by the court, whose determination in this respect shall be final.
When the executors or administrator is an attorney, he shall
Section 5. Accountable if he neglects or delays to raise or pay money. — not charge against the estate any professional fees for legal
When an executor or administrator neglects or unreasonably delays to raise services rendered by him.
money, by collecting the debts or selling the real or personal estate of the
deceased, or neglects to pay over the money he has in his hands, and the When the deceased by will makes some other provision for
value of the estate is thereby lessened or unnecessary cost or interest the compensation of his executor, that provision shall be a
accrues, or the persons interested suffer loss, the same shall be deemed full satisfaction for his services unless by a written
waste and the damage sustained may be charged and allowed against him instrument filed in the court he renounces all claim to the
in his account, and he shall be liable therefor on his bond. compensation provided by the will.

Section 6. When allowed money paid as cost. — The amount paid by an Section 8. When executor or administrator to render account. — Every
executor or administrator for costs awarded against him shall be allowed in executor or administrator shall render an account of his administration
his administration account, unless it appears that the action or proceeding within one (1) year from the time of receiving letters testamentary or of
in which the costs are taxed was prosecuted or resisted without just cause, administration, unless the court otherwise directs because of extensions of
and not in good faith. time for presenting claims against, or paying the debts of, the estate, or for
disposing of the estate; and he shall render such further accounts as the
Section 7. What expenses and fees allowed executor or administrator. Not court may require until the estate is wholly settled.
to charge for services as attorney. Compensation provided by will controls
unless renounced. — An executor or administrator shall be allowed the Section 9. Examinations on oath with respect to account — The court may
necessary expenses the care, management, and settlement of the estate, examine the executor or administrator upon oath with respect to every
matter relating to any account rendered by him, and shall so examine him
as to the correctness of his account before the same is allowed, except
when no objection is made to the allowance of the account and its Time Within which the claim should be filed: Rule on Statute of Non-
correctness is satisfactorily established by competent proof. The heirs, Claims (Section 2 of Rule 86)
legatees, distributees, and creditors of the estate shall have the same
- GENERAL RULE: PERIOD TO FILE CLAIMS AGAINST THE ESTATE
privilege as the executor or administrator of being examined on oath on any
o In the notice provided in the preceding section, the court
matter relating to an administration account.
shall state the time for the filing of claims against the estate,
Section 10. Account to be settled on notice. — Before the account of an which shall not be more than twelve (12) not less than six
executor or administrator is allowed, notice shall be given to persons (6) months after the date of the first publication of the
interested of the time and place of examining and allowing the same; and notice.
such notice may be given personally to such persons interested or by o Rule on Statute of Non-Claims
advertisement in a newspaper or newspapers, or both, as the court directs.  The period fixed by the probate court must not be
less than six months nor more than 12 months from
Section 11. Surety on bond may be party to accounting. — Upon the the date of first publication of the notice
settlement of the account of an executor or administrator, a person liable as  Such period once fixed by the court is mandatory
surety in respect to such account may, upon application, be admitted as and it cannot be shortened
party to such accounting.  The statute of non-claims supersedes the statute of
limitations
- EXCEPTIONs TO THE STATUTE OF NON-CLAIMS
VI. CLAIMS AGAINST THE ESTATE o However, at any time before an order of distribution is
entered, on application of a creditor who has failed to file
Notice to creditors to be issued by the Court (Section 1 of Rule 86) his claim within the previously limited, the court may, for
- DUTY OF THE COURT TO ISSUE NOTICE: cause shown and on such terms as are equitable, allow such
o Immediately after granting letters testamentary or of claim to be filed within a time not exceeding one (1) month.
administration, the court shall: o The creditor set up his claim as a counter claim in an action
 Issue a notice requiring all persons having money filed by the executor or administrator against him in
claims against the decedent accordance with Rule 86 Section 5
 To file them in the office of the clerk of said court. Publication of Notice (Section 3 of Rule 86)
o Purpose of presenting claims against the estate:
 To protect the estate of the deceased persons - DUTY OF THE EXECUTOR OR ADMINISTRATOR TO POST NOTICE
(Estate of Olave v. Reyes (GR No. L-29407) o Every executor or administrator shall, immediately after the
o Type of claims that can be filed: notice to creditors is issued:
 Only money claims against the decedent are  Cause the same to be published three (3) weeks
allowed, particularly only those contracted before successively in a newspaper of general circulation in
the decedent’s death the province, and
  To be posted for the same period in four public provided, and mutual claims may be set off against each
places in the province and in two public places in other in such action; and if final judgment is rendered in
the municipality where the decedent last resided. favor of the defendant, the amount so determined shall be
considered the true balance against the estate, as though
Filing of Printed Copy of Notice (Section 4 of Rule 86)
the claim had been presented directly before the court in
- DUTY OF THE EXECUTOR OR ADMINISTRATOR TO FILE WRITTEN the administration proceedings.
NOTICE: o Claims not yet due, or contingent, may be approved at their
o Within ten (10) days after the notice has been published present value.
and posted in accordance with the preceding section, the
Solidary Obligations of the Decedent (Section 6 of Rule 86)
executor or administrator shall:
 File or cause to be filed in the court a printed copy - RULE IF OBLIGATION OF THE DECEDENT IS SOLIDARY WITH
of the notice ANOTHER DEBTOR:
 Accompanied with an affidavit setting forth the o Where the obligation of the decedent is solidary with
dates of the first and last publication thereof and another debtor:
 The name of the newspaper in which the same is  The claim shall be filed against the decedent as if he
printed. were the only debtor, without prejudice to the right
of the estate to recover contribution from the
Statute of Non-Claims: General Rule; Exceptions (Section 5 of Rule 86)
debtor.
- GENERAL RULE OF STATUTE OF NON-CLAIMS o In a joint obligation of the decedent, the claim shall be
o All claims for money against the decent, arising from confined to the portion belonging to him.
contract, express or implied, whether the same be due, not
Mortgage debt due from Estate (Section 7 of Rule 86)
due, or
o Contingent, all claims for funeral expenses and expense for - REMEDIES OF A CREDITOR HOLDING A CLAIM AGAINST THE
the last sickness of the decedent, and DECEASED SECURED BY A MORTGAGE:
o Judgment for money against the decent, must be filed o A creditor holding a claim against the deceased secured by
within the time limited in the notice; otherwise they are mortgage or other collateral security:,
barred forever  May abandon the security and prosecute his claim
- EXCEPTION in the manner provided in this rule, and share in the
o Except that they may be set forth as counterclaims in any general distribution of the assets of the estate; or
action that the executor or administrator may bring against  He may foreclose his mortgage or realize upon his
the claimants. security, by action in court, making the executor or
o Where an executor or administrator commences an action, administrator a party defendant, and if there is a
or prosecutes an action already commenced by the judgment for a deficiency, after the sale of the
deceased in his lifetime, the debtor may set forth by answer mortgaged premises, or the property pledged, in
the claims he has against the decedent, instead of the foreclosure or other proceeding to realize upon
presenting them independently to the court as herein the security, he may claim his deficiency judgment
 in the manner provided in the preceding section or  Give notice thereof, in writing, to the court, and
he may rely upon his mortgage or other security  The court shall appoint a special administrator, who
alone, shall, in the adjustment of such claim, have the
 Foreclosure the same at any time within the period same power and be subject to the same liability as
of the statute of limitations, and in that event he the general administrator or executor in the
shall not be admitted as a creditor, and shall receive settlement of other claims.
no share in the distribution of the other assets of  The court may order the executor or administrator
estate; to pay to the special administrator necessary funds
o But nothing herein contained shall prohibit the executor or to defend such claim.
administrator from redeeming the property mortgaged or
Procedure in Filing a Claim (Section 9 of Rule 86)
pledged, by paying the debt for which it is held as security,
under the direction of the court, if the court shall adjudge it - HOW TO FILE A CLAIM; CONTENTS THEREOF; NOTICE TO
to be for the best interest of the estate that such EXECUTOR OR ADMINISTRATOR:
redemption shall be made. o A claim may be filed by:
o REMEDIES OF A CREDITOR SIMPLIFIED: (Relate this with  Delivering the same with the necessary vouchers to
Rule 68 on Foreclosure of Mortgage) the clerk of court and
 Abandon the security and prosecute his claim  By serving a copy thereof on the executor or
against the estate and share in the general administrator.
distribution of the assets  If the claim be founded on a bond, bill, note, or any
 Foreclose his mortgage or realize upon his security other instrument, the original need not be filed, but
by action in court, making the executor or a copy thereof with all indorsements shall be
administrator a party defendant and if there is attached to the claim and filed therewith.
judgment for deficiency, he may file a contingent  On demand, however, of the executor or
claim against the estate within the statute of non- administrator, or by order of the court or judge, the
claims original shall be exhibited, unless it be list or
 Rely solely on his mortgage and foreclose the same destroyed, in which case the claimant must
at any time within the period of statute of accompany his claim with affidavit or affidavits
limitations but he cannot be admitted as creditor containing a copy or particular description of the
and shall not receive in the distribution of the other instrument and stating its loss or destruction.
assets of the estate  When the claim is due, it must be supported by
- affidavit stating:
 The amount justly due,
Claim of executor or administrator against an estate (Section 8 of Rule 86)
 That no payments have been made thereon
- RULE IF EXECUTOR OR ADMINISTRATOR HAS A CLAIM AGAINST AN which are not credited, and
ESTATE:  That there are no offsets to the same, to
o If the executor or administrator has a claim against the the knowledge of the affiant.
estate he represents, he shall:
  If the claim is not due, or is contingent, when filed, o Any claim admitted entirely by the executor or
it must also be supported by affidavits stating the administrator shall immediately be submitted by the clerk
particulars thereof. to the court who may approve the same without hearing;
 When the affidavit is made by a person other than but the court, in its discretion, before approving the claim,
the claimant, he must set forth therein the reason may:
why it is not made by the claimant.  Order that known heirs, legatees, or devisees be
 The claim once filed shall be attached to the record notified and heard.
of the case in which the letters testamentary or of  If upon hearing, an heir, legatees, or devisee
administration were issued, although the court, in opposes the claim, the court may, in its discretion,
its discretion, and as a matter of convenience, may allow him fifteen (15) days to file an answer to the
order all the claims to be collected in a separate claim in the manner prescribed in the preceding
folder. section.
Answer of Executor or Administrator: Offsets (Section 10 of Rule 86) Trial of Contested Claims (Section 12 of Rule 86)
- PROCEDURE OF FILING THE ANSWER BY THE EXECUTOR OR - OBLIGATION OF THE CLERK OF COURT TO SET THE CLAIM FOR
ADMINISTRATOR: TRIAL:
o Within fifteen (15) days after service of a copy of the claim o Upon the filing of an answer to a claim, or
on the executor or administrator, he shall: o Upon the expiration of the time for such filing,
 File his answer admitting or denying the claim  The clerk of court shall set the claim for trial with
specifically, and notice to both parties. The court may refer the
 Set forth the admission or denial. claim to a commissioner.
 If he has no knowledge sufficient to enable him to
admit or deny specifically, he shall state such want Judgment Appealable (Section 13 of Rule 86)
of knowledge. - IS THE JUDGMENT OF THE COURT APPROVING OR DISAPPROVING
o The executor or administrator in his answer shall allege in A CLAIM APPEALABLE? PROCEDURE ON APPEAL
offset any claim which the decedent before death had o The judgment of the court approving or disapproving a
against the claimant, and his failure to do so shall bar the claim, shall be filed with the record of the administration
claim forever. proceedings with notice to both parties, and is appealable
o A copy of the answer shall be served by the executor or as in ordinary cases.
administrator on the claimant. The court in its discretion o A judgment against the executor or administrator shall be
may extend the time for filing such answer. that he pay, in due course of administration, the amount
Disposition of Admitted Claim (Section 11 of Rule 86) ascertained to be due, and it shall not create any lien upon
the property of the estate, or give to the judgment creditor
- RULE IF ANY CLAIM IS ADMITTED ENTIRELY BY THE EXECUTOR OR any priority of payment.
ADMINISTRATOR:
Costs (Section 14 of Rule 86)
 - COSTS TO BE PAID BY THE EXECUTOR OR ADMINISTRATOR: defend, in the right of deceased, actions for causes which
o When the executor or administrator, in his answer: survive.
 Admits and offers to pay part of a claim, and
Heir may not sue until share assigned (Section 3 of Rule 87)
 The claimant refuses to accept the amount offered
in satisfaction of his claim, - When an executor or administrator is appointed and assumes the
 If he fails to obtain a more favorable judgment, he trust, no action to recover the title or possession of lands or for
cannot recover costs, but must pay to the executor damages done to such lands shall be maintained against him by an
or administrator costs from the time of the offer. heir or devisee until there is an order of the court assigning such
o Where an action commenced against the deceased for lands to such heir or devisee or until the time allowed for paying
money has been discontinued and the claim embraced debts has expired.
therein presented as in this rule provided, the prevailing
Executors or administrator may compound with debtor (Section 4 of Rule
party shall be allowed the costs of his action up to the time
87)
of its discontinuance.
- Within the approval of the court, an executor or administrator may:
o Compound with the debtor of the deceased for a debt due,
Actions by and Against the Executors and Administrators (Rule 87) and
o May give a discharge of such debt on receiving a just
Actions Which May Survive the Death of the Testator (Section 1 of Rule 87)
dividend of the estate of the debtor.
- ACTIONS WHICH MAY NOT BE BROUGHT AGAINST EXECUTOR OR
Mortgage due estate may be foreclosed (Section 5 of Rule 87)
ADMINISTRATOR:
o No action upon a claim for the recovery of money or debt or - A mortgage belonging to the estate of a deceased person, as
interest thereon shall be commenced against the executor mortgagee or assignee of the right or a mortgage, may be
or administrator; foreclosed by the executor or administrator.
- ACTIONS WHICH MAY SURVIVE AND BE BROUGHT AGAINST THE
Proceedings when property is concealed, embezzled or fraudulently
EXECUTOR OR ADMINISTRATOR:
conveyed. (Section 6 of Rule 87)
o Actions to recover real or personal property, or
o Actions to recover an interest therein, from the estate, or - If an executor or administrator, heir, legatee, creditor or other
o Actions to enforce a lien thereon, and individual interested in the estate of the deceased, complains to the
o Actions to recover damages for an injury to person or court having jurisdiction of the estate that a person is suspected of
property, real or personal, may be commenced against him. having concealed, embezzled, or conveyed away any of the money,
goods, or chattels of the deceased, or
Executors or administrator may bring or defend actions which survive
- That such person has in his possession or has knowledge of any
(Section 2 of Rule 87)
deed, conveyance, bond, contract, or other writing which contains
- ACTIONS TO BE TAKEN BY THE EXECUTORS OR ADMINISTRATOR evidence of or tends or discloses the right, title, interest, or claim of
o For the recovery or protection of the property or rights of the deceased,
the deceased, an executor or administrator may bring or
 - The court may cite such suspected person to appear before it any of the property sold, embezzled, or alienated, to be
may examine him on oath on the matter of such complaint; and if recovered for the benefit of such estate.
the person so cited refuses to appear, or to answer on such
Property fraudulently conveyed by deceased may be recovered. When
examination or such interrogatories as are put to him, the court
executor or administrator must bring action (Section 9 of Rule 87)
may punish him for contempt, and may commit him to prison until
he submits to the order of the court. The interrogatories put any - WHEN ACTION FOR RECOVERY OF PROPERTY MAY BE
such person, and his answers thereto, shall be in writing and shall COMMENCED BY EXECUTOR OR ADMINISTRATOR:
be filed in the clerk's office. o When there is a deficiency of assets in the hands of an
executor or administrator for the payment of debts and
Person Entrusted with the Estate Compelled to Render Account (Section 7
expenses of administration, and:
of Rule 87)
 The deceased in his lifetime had conveyed real or
- DUTY OF THE PERSON ENTRUSTED WITH THE ESTATE: personal property, or a right or interest therein, or
o The court, on complaint of an executor or administrator, an debt or credit,
may:  With intent to defraud his creditors or to
 Cite a person entrusted by an executor or avoid any right, debt, or duty; or
administrator with any part of the estate of the  Had so conveyed such property, right,
deceased to appear before it, and interest, debt or credit that by law the
 May require such person to render a full account, conveyance would be void as against his
on oath, of the money, goods, chattels, bonds, creditors, and
account, or other papers belonging to such estate  The subject of the attempted conveyance
as came to his possession in trust for such executor would be liable to attachment by any of
or administrator, and of his proceedings thereon; them in his lifetime,
and o The executor or administrator may commence and
 If the person so cited refuses to appear to render prosecute to final judgment an action for the recovery of
such account, the court may punish him for such property, right, interest, debt, or credit for the benefit
contempt as having disobeyed a lawful order of the of the creditors;
court. o But he shall not be bound to commence the action unless
on application of the creditors of the deceased, not unless
Embezzlement before Letters Issued (Section 8 of Rule 87)
the creditors making the application pay such part of the
- RULE IF PERSON EMBEZZLES THE PROPERTY OF THE DECEDENT costs and expenses, or give security therefor to the
BEFORE ISSUANCE OF LETTERS: (Double Value Rule) executor or administrator, as the court deems equitable.
o If a person, before the granting of letters testamentary or of
When creditor may bring action. Lien for costs (Section 10 of Rule 87)
administration on the estate of the deceased, embezzles or
alienates any of the money, goods, chattels, or effects of - RULE ON WHEN CREDITOR MAY BRING ACTION:
such deceased, such person: o When there is such a deficiency of assets,
 Shall be liable to an action in favor of the executor
or administrator of the estate for double the value
 o And the deceased in his lifetime had made or attempted (2) It appears that there are sufficient assets to pay the debts
such a conveyance, as is stated in the last preceding section,
and Executor/administrator shall pay the same within the time limited for that
o The executor or administrator has not commenced the purpose. [Rule 88 Sec 1]
action therein provided for, any creditor of the estate may,
with the permission of the court, commence and prosecute
The probate court may hold in abeyance intestate proceedings pending
to final judgment, in the name of the executor or
determination of a civil case against the administrator.
administrator, a like action for the recovery of the subject of
the conveyance or attempted conveyance for the benefit of
the creditors. The heirs of the estate may not demand the closing of an intestate
o But the action shall not be commenced until the creditor proceeding at anytime where there is a pending case against the
has filed in a court a bond executed to the executor or administrator of the estate. The court can rightfully hold in abeyance until
administrator, in an amount approved by the judge, the civil case is settled. [Dinglasan v. Chia, (1956)]
conditioned to indemnify the executor or administrator
Part of Estate from Which Debt Paid (in order of preference)
against the costs and expenses incurred by reason of such
action. PORTION OF PROPERTY DESIGNATED IN THE WILL; PERSONAL PROPERTY;
o Such creditor shall have a lien upon any judgment THEN
recovered by him in the action for such costs and other
expenses incurred therein as the court deems equitable. (1) Real property
Where the conveyance or attempted conveyance had been
made by the deceased in his lifetime in favor of the IF TESTATOR DESIGNATES IN HIS WILL PORTION OF ESTATE FOR PAYMENT
executor or administrator, the action which a credit may OF DEBT, EXPENSES OF ADMINISTRATION, OR FAMILY EXPENSES, THEY
bring shall be in the name of all the creditors, and SHALL BE
permission of the court and filing of bond as above
prescribed, are not necessary. PAID ACCORDING TO SUCH PROVISIONS;

IF NOT SUFFICIENT – THEN PART OF ESTATE NOT DISPOSED OF BY WILL

VII. PAYMENT OF DEBTS AND SALES, MORTGAGES ANDOTHER SHALL BE APPROPRIATED.
ENCUMBRANCES OF PROPERTY OF DECEDENT

(Di masyadong diniscuss ni Dean to sa Lectures and di din tinanong sa GENERAL RULE: PERSONAL ESTATE NOT DISPOSED OF BY WILL SHALL BE
recit. Di din masyadong tinatanong sa Bar kaya di na kailangan magfocus FIRST CHARGEABLE
dito. (Rules 88 and 89 pala to mga pards))
EXCEPTIONS:
PAYMENT OF DEBTS
Debts Paid in Full if Estate Sufficient (1) Not sufficient for the purpose; or
(2) Its sale will redound to the detriment of the participants for the estate
(1) After all money claims heard and ascertained; and
IN WHICH CASE
Court to Fix Contributive Shares Where Devisees, Legates, or Heirs Have
(1) The whole of the real estate not disposed of by will, or so much thereof
Been in Possession
as is necessary, may be sold, mortgaged, or otherwise encumbered for
that purpose by the POSSESSION BEFORE DEBTS AND EXPENSES ARE PAID
executor/administrator,
The Court shall
(2) Court approval must be obtained first, and
- Hear and settle the amount of their several liabilities
(3) Any deficiency shall be met by contributions in accordance with the
- Order how much and in what manner each shall contribute
provisions of Sec. 6 of this rule.(contributive shares of devises, legatees
- May issue execution as circumstances require. [Rule 88 Sec 6]
and heirs in possession) [Rule 88 sec 3]

LIABILITY OF HEIRS AND DISTRIBUTES

Estate to Be Retained to Meet Contingent Claims
Heirs are not required to respond with their own property for the debts
If court is satisfied that a contingent claim is valid:
of their deceased ancestors. But after partition of an estate, the heirs
(1) It may order the executor/administrator to retain in his hands sufficient and distributees are liable individually for the payment of all lawful
estate for the purpose of paying the contingent claim when such outstanding claims against the estate in proportion to the amount or
becomes absolute. value of the property they have respectively received from the estate.
(2) If estate insolvent - Retain a portion equal to the dividend of the other [Gov’t of P.I. v. Pamintuan (1930)]
creditors. [Rule
88 Sec 4]
Order of Payment if Estate Is Insolvent Executor/administrator pays the
debts against the estate, observing the provisions of Articles 1059 and 2239
PAYMENT OF CONTINGENT CLAIM to 2251 of the Civil Code.
(Preference of credits) [Rule 88 Sec 7]
(1) If claim becomes absolute within 2 years limited for creditors and
allowed - Creditor shall receive payment to the same extent as the
other creditors if the estate retained by the executor/administrator is Dividends to Be Paid in Proportion to Claims If no assets sufficient to pay
sufficient. credits of any one class of creditors after paying preferred credits, Each
(2) Claim not presented after becoming absolute within 2 year period and creditor within such class shall be paid dividend in proportion to his claim.
allowed – The assets retained in the hands of the No creditor of any one class shall receive any payment until those of the
executor/administrator, not exhausted in the payment of claims, shall preceding class are paid. [Rule 88 Sec 8]
be distributed by the order of the court to the persons entitled; But the
assets so distributed may still be applied to the payment of the claim Insolvent Non-Resident
when established, and the creditor may maintain an action against the
distributees to recover the debt, and such distributees and their estates His estate found in the Philippines shall be so disposed of that his creditors
shall be liable for the debt in proportion to the estate they have here and elsewhere may receive each an equal share, in proportion to their
respectively received. [Rule 88 Sec 5] respective credits. [Rule 88 Sec 9]
Insolvent Resident with Foreign Creditors and Foreign claims proven in (2) Leave in the hands of executor/administrator sufficient assets to pay
another country the claim disputed and appealed.

(1) Executor/administrator in the Philippines had knowledge of the

When a disputed claim is finally settled, the court shall order the claim to
presentation of such claims in such country; and
be paid out of the assets retained to the same extent and in the same
(2) Executor/administrator had opportunity to contest such allowance
proportion with the claims of other creditors. [Rule 88 Sec 12]

The court shall:

Instances when court may make further orders for distribution of assets
(1) Receive a certified list of such claims, when perfected in such country,
(2) And add the same to the list of claims proved against the deceased (1) If whole of the debts not paid on first distribution; and
person in the Philippines (2) If the whole assets not distributed
(3) So that a just distribution of the whole estate may be made equally (3) Other assets afterwards come to the hands of executor/administrator.
among all its creditors. [Rule 88 Sec 10] [Rule 88 Sec 13]

Principle of Reciprocity Creditors to be Paid in Accordance With Terms of Order

But the benefit of this and the preceding sections shall not be extended to When an order is made for the distribution of assets among creditors, the
the creditors in another country if the property of such deceased person executor or administrator shall, as soon as the time of payment arrives, pay
there found is not equally apportioned to the creditors residing in the the creditors the amounts of their claims, or the dividend thereon, in
Philippines and the other creditor, according to accordance with the terms of such order. [Rule

their respective claims. [Rule 88 Sec 10] 88 Sec 14]

Order for Payment of Debts Time for paying debts and legacies

Before the expiration of the time limited for the payment of the debts the
court shall order the payment thereof, and the distribution of the assets General Rule: Not exceeding 1 year in the first instance
received by the executor/administrator for that purpose among the
creditors, as the circumstances of the estate require and in accordance
Exception: Court may extend the period, after hearing and notice, on the
with the provisions of this rule [Rule 88 Sec 11]
following conditions:

(1) Extension must not exceed 6 months for a single extension; and
If Appeal Taken From a Decision of the Court Concerning the Claim
(2) The whole period allowed shall not exceed 2 years.
The court may:

(1) Suspend the order for payment or order the distribution among
creditors whose claims are definitely allowed
[RULE 88 SEC 15] 1. To satisfy the distributive shares of devisees, legatees, and heirs in
possession of the decedent’s assets.
Grounds for Extension
2. To enforce payment of expenses of the partition.
(1) Original executor/administrator dies 3. To satisfy the costs when a person is cited for
(2) New administrator appointed examination in probate proceedings [FESTIN]

REQUISITES
Proper procedure for payment of debts
(1) Executor/administrator must apply.
(1) Motion of administrator for sale;
(2) Notice of the time and place of hearing.
(2) Written notice to all heirs, legatees, devisees residing
(3) Court must hear the application.
in the Philippines;
(3) Court orders sale of personal property or sale or mortgage of real
Personal property may, upon order, be sold:
property;
(1) To pay debts, expenses, legacies (Sec. 1, Rule 89) (4) Proceeds of such sale shall be used to pay debts and expenses.
(2) If it appears necessary for the preservation of the property (Sec. 1, Rule
89) SALES, MORTGAGES, AND OTHER ENCUMBRANCES
(3) If sale will be beneficial to the heirs, devisees, legatees and other
interested persons and is not inconsistent with the Order of Sale of personalty
provisions of the will (Sec. 4, Rule 89)
The court upon the application of the executor or administrator, and on
written notice to the heirs and other persons interested, may order the
Real property may, upon order, be sold, mortgaged, encumbered to pay whole or a part of the personal estate to be sold, if it appears necessary for
debts when: the purpose of paying

(1) Personal estate is insufficient to pay the debts (1) debts, expenses of administration, or legacies, or
(2) Sale of personal estate may injure the business of persons interested in (2) expenses for the preservation of the property. [Rule 89 Sec 1]
the estate
(3) Property appropriated by testator in his will is insufficient to pay debts
When court may authorize sale, mortgage or encumbrance of realty
(Sec. 2, Rule 89)
A. Though personalty not exhausted:
Writ of Execution
WHEN PERSONAL ESTATE IS NOT SUFFICIENT TO PAY DEBTS, EXPENSES OF
General Rule: The probate court does not have the power to issue writs of
ADMINISTRATION AND LEGACIES; OR
execution. A writ of execution is not the proper procedure for the payment
(1) If sale of personal estate may injure the business or such other
of claims against the estate. [Aldamiz v. Judge of CFI-Mindoro (1949)]
interests of those interested in the estate and where testator has not
Exceptions: otherwise made sufficient provision for payment of debts, expenses
and
 legacies; [Rule 89 Sec 2] B. Others: Regulations for granting authority to sell, mortgage or otherwise encumber
estate
(2) Where sale is beneficial to interested persons, although not necessary
(1) The executor/administrator shall file a written petition setting forth the
to pay debts, expenses, or legacies [Rule 89 Sec 4]
following:
(3) To pay for debts, expenses or legacies of estate of deceased in foreign
a. Debts due from the deceased, the expenses for administration,
country [Rule 89 Sec 5]
the legacies;
(4) If deceased was in his lifetime under contract, binding in law, to deed
b. Value of the personal estate;
real property or interest therein [Rule 89 Sec 8]
c. Situation of the estate to be sold, mortgaged, encumbered; and
(5) Where deceased held real property in trust for another person [Rule 89
d. Such other facts showing sale etc., is necessary or beneficial;
Sec 9]
(2) The court will fix a time and place for hearing such petition and cause
notice to be given personally or by mail to persons interested, and
In (1) and (2), sale of real property may be done in lieu of personal
publication if deem proper;
property of estate if it clearly appears that such sale etc., would be
(3) The court may require executor/administrator to give additional bond
beneficial to persons interested.
conditioned on accounting for proceeds of sale etc.;
(4) The court may authorize sale to be public or private;
In (3) the sale shall be authorized if not inconsistent with provisions of the (5) If estate is to be sold at auction, the mode of giving notice shall be
will and proceeds of the sale shall be assigned to persons entitled to the governed by provisions concerning notice of execution sale;
estate in the proper proportions. (6) Certified copy of the order of the court, plus deed of the executor or
administrator for real estate sold, mortgaged, or encumbered shall be
In (5), conveyance would not be authorized if assets in the hands of the registered in registry of deeds where property is located;[Rule 89 Sec 7]
executor or administrator will be reduced as to prevent creditor from
receiving debt or diminish his dividend. Deed for sale, mortgaged or encumbrance The deed executed by the
executor or administrator shall be valid as of executed by deceased in his
lifetime [Rule 89 Sec 7, 8]
Persons interested may prevent such sale, etc. by giving bond

No authority authority to sell, mortgage, or otherwise encumber real or

personal estate shall be granted in (1) and (2) above if any person VIII. DISTRIBUTION OF THE ESTATE
interested in the estate gives a bond, in a sum to be fixed by the court BEFORE THERE COULD BE A DISTRIBUTION OF ESTATE, THE FOLLOWING
STAGES MUST BE
Conditions of the bond: to pay the debts, expenses of administration, and FOLLOWED:
legacies within such time as the court directs;
(1) Liquidation of the estate i.e. payment of obligations of the deceased.

Who may claim on the bond: Such bond shall be for the security of the (2) Collation and Declaration of heirs - to determine to whom the residue of
creditors, as well as of the executor or administrator, and may be the estate should be distributed.
prosecuted for the benefit of either. [Rule 89 Sec 3]
- Determination the right of a natural child

- Determination of proportionate shares of distributes. The executor/administrator has no duty to prepare and present the same
under the Rules. The court may, however, require him to present such
Afterwards, the residue may be distributed and delivered to the heirs.
project to better inform itself of the condition of the estate. [3 Moran 541,
[HERRERA]
1980 Ed.]
Powers of the court in distribution and partition of estate:

(1) Collate;
It is the court that makes that distribution of the estate and determines the
(2) Determine the heirs; and persons entitled thereto:

(3) Determine the share of each heirs. (1) On application of executor/administrator or person interested in
the estate
Court may determine questions as to advancement made by decedent
(2) Notice
Advancements made or alleged to have been made to heirs by decedent
may be determined by court having jurisdiction of estate; and the final (3) Hearing
order of the court shall be binding on person raising the questions and on
Court shall assign the residue of the estate to the persons entitled to the
the heir.
same, naming them and the proportions, or parts, to which each is entitled.
[Rule 90 Sec 2]
Such persons may demand and recover their respective shares from the
executor/administrator, or any other person having the same in his
possession.
A. LIQUIDATION
If there is a controversy as to who are heirs or shares such shall be heard
General Rule: Before an order of distribution or assignment, it must be and decided as in ordinary cases. [Rule 90 Sec 1]
shown that the “debts, funeral expenses and expenses of administration,
allowances, taxes, etc., chargeable to the estate” have been paid. Effect of Final Decree of Distribution

Exception: If the distributees give a bond conditioned on the payment of (1) In rem and binding against the whole world.
above obligations [Rule 90 Sec 1]
(2) All persons having interest in the subject matter involved, whether they
The part distributed must not be subject to any controversy or appeal. are notified or not, are equally bound. [Philippine Savings Bank v. Lantin
[Rule 109 Sec 2] (1983)]

B. PROJECT OF PARTITION (3) The court acquires jurisdiction over all persons interested, through the
publication of the notice prescribed and any order that may be entered
A project of partition is merely a proposal for the distribution of the therein is binding against all of them. [Ramon v. Ortuzar (1951)]
hereditary estate which the court may accept or reject. [Solivio v. CA,
(1990)] The only instance where a party interested in a probate proceeding may
have a final liquidation set aside is when he is left out by reason of
circumstances beyond his control or through mistake or inadvertence not
imputable to negligence. [Vda. De Alberto v. CA (1989)] It is an incident or attribute of sovereignty and rests on the principle of
ultimate ownership by the state of all property within its jurisdiction.
C. REMEDY OF AN HEIR ENTITLED TO RESIDUE BUT NOT GIVEN HIS SHARE
A. WHEN TO FILE
The better practice for the heir who has not received his share is to:
Three instances of Escheats:
(1) Demand his share through a proper motion in the same probate or (1) When a person dies intestate leaving property in the Philippines but
administrative proceedings, or leaving no heir [Rule 91 Sec 1]
(2) Reversion proceedings in alienations in violation of Constitution or
(2) Motion for reopening of the probate or administrative proceedings if it
other statute [Rule 91 Sec 5]
had already been closed, and not through an independent action. [Guilas v.
(3) Unclaimed Balances Act (Act No. 3936 as amended by PD 679) –
Judge of the CFI of Pampanga, (1972)]
dormant accounts for 10 years shall be escheated.
D. INSTANCES WHEN PROBATE COURT MAY ISSUE WRIT OF EXECUTION
Where to file:
General Rule: Writ of Execution is not allowed in probate proceedings [Vda
(1) If Resident – RTC of the province where the deceased last resided;
de Valera v. Ofilada, 59 SCRA 96]
(2) If Non-resident – RTC of the pace where his estate is located. [Rule 91
Exceptions: Sec 1]
(1) To satisfy the contributive shares of devisees, legatees and heirs in
possession of the decedent’s assets (Sec. 6, Rule 88) B. REQUISITES FOR FILING OF PETITION
(1) A person died intestate
(2) To enforce payment of expenses of partition; [Rule 90 Sec 3] and (2) He left no heirs or persons by law entitled to the same
(3) Deceased left properties [City of Manila v. Archbishop of Manila, 36
(3) To satisfy the costs when a person is cited for examination in probate
Phil. 815; Rule 91, Sec.1]
proceedings [Rule 142 Sec 13]

When does a probate court lose jurisdiction of an estate under Escheat proceedings must be initiated by the Government through the
administration? Solicitor General.
The probate court loses jurisdiction of an estate under administration only
after payment of all debts, and the remaining estate delivered to the heirs The Court must fix a date and place for hearing, which shall not be more
entitled to receive the same. [Guilas v. Judge of CFI of Pampanga] than 6 months after the entry of the order

C. ESCHEAT PROCEEDINGS (RULE 91)

Escheat is a proceeding where the real and personal property of a person

deceased in the Philippines, who dies without leaving any will and without
any legal heirs, becomes the property of the State.
Procedure of escheat To whom property escheated will be assigned:
 If personal property – to the
Solicitor General or his representative in behalf
municipality or city where the
of the Republic of the Philippines will file the
deceased last resided,
petition:
 If real property – to the
 If deceased is a resident—in the RTC of
municipalities or cities, respectively,
the province where he last resided
in which the same is situated.
 If non-resident—in the RTC of the
 If the deceased never resided in the
province in which he had an estate
Philippines –the whole estate may
 Actions for reversion or escheat of be assigned to the respective
properties alienated in violation of the municipalities or cities where the
Constitution or of any statute—in the same is located.
province where the land lies in whole or
in part Such estate shall be for the benefit of public

If the petition is sufficient in form and substance, the court shall make an schools, and public charitable institutions and centers in said municipalities
order fixing the date and place for the hearing (which shall not be more or cities.
than 6 months after entry of
order) Court may order, upon motion or motu propio, that a permanent trust be
 established so that only the income from the property shall be used.
The court shall direct a copy of the order to be published before the
hearing at least once a week for 6 consecutive weeks in some newspaper The right of escheat may be waived, either expressly or impliedly. [Roman
of general circulation published in the province, as the court shall deem Catholic Archbishop of Manila v. Monte de Peidad, et al.,(1939)]
best
C. REMEDY OF RESPONDENT AGAINST PETITION; PERIOD FOR FILING A
 CLAIM.
The court shall hear the case and judge whether or not the estate shall be
escheated
Period to file claim to the estate

A claim must be made within 5 years from date of judgment; otherwise,
barred forever [Rule 91 Sec 4]

By whom: Devisee, legatee, heir, surviving spouse, or other person entitled

to such estate.

[Rule 91 Sec 4]

Effect of claim
Possession and title to the estate shall be given. If estate has already been
sold, then the city/municipality shall be accountable for the proceeds, less Basis: Parens Patriae
reasonable charges for care of the estate.
It is the State’s duty to protect the rights of persons/individuals who
Distinguish Escheat from Expropriation Proceedings because of age/incapacity are in an unfavorable position vis-à-vis other
parties [Nery v. Lorenzo (1972)].
ESCHEAT EXPROPRIATION
No payment of just compensation Payment of just compensation is
required Kinds of Guardians
Taking is not for a public purpose Taking of property is for a public
purpose (1) Legal Guardian – deemed as guardian by provision of law, without need
Is found under Rule 91 of the Rules Is found under Rule 67 of the Rules of court appointment (Art. 225, FC)
of Court and is a Special of Court and is a Special Civil (2) Guardian ad Litem – appointed by the court to prosecute or defend a
Proceeding Action minor, insane or person declared to be incompetent, in a court action
(3) Judicial Guardian – appointed by the court in pursuance to law, as
guardians for insane persons, prodigals, minor heirs of deceased war
D. GUARDIANSHIP PROCEEDINGS (92-97 AND CIRCULAR ISSUED BY THE
veterans and other incompetent persons.
SUPREME COURT)
a. Guardian over the person
Rules 92-97 are now only applicable to guardianship over incompetent b. Guardian of the property
persons who are not minors. c. General guardian (both person and property) [REGALADO]
Guardianship over minors is governed by A.M. No. 03-02-05 SC or Rule on
Guardianship of Minors. A. GUARDIANSHIP OF INCOMPETENT
PERSONS NOT MINORS
Guardianship Procedure
The power of protective authority given by law and imposed on an Filing of Petition
individual who is free and in the enjoyment of his rights, over one whose 
weakness on account of his age or other infirmity renders him unable to Court issues order setting time for hearing
protect himself.

[HERRERA] Notice to the incompetent and persons mentioned in the
petition
Guardian Publication only if incompetent is a nonresident
A person lawfully invested with power and charged with the duty of taking 
care of a person who for some peculiarity or status or defect of age, Hearing (alleged incompetent must be present if able to attend)
understanding or self-control is considered incapable of administering his 
own affairs. If granted, service of judgment to the Local Civil Registrar and payment of
[HERRERA] bond of the guardian.
 (b) Annually, and
GENERAL POWERS AND DUTIES OF GUARDIANS (c) Whenever required upon the application of an interested
(1) Care and custody of the person of his ward and management of his person. [Rule 96 Sec 7]
property; or (8) To report to the court any property of the ward not included in the
inventory which is discovered, or succeeded to, or acquired by the
(2) Management of his property only;
ward within 3 months after such discovery, succession, or acquisition
(3) Management of property within the Philippines (in case of non-resident
[Rule 96 Sec 7]
ward). [Rule 96 Sec 1]
(9) To render to the court for its approval an accounting of the property:
Specific duties
(a) One year from his appointment
(1) To pay the just debts of the ward out of: (b) Every year thereafter, and
(a) Personal property and the income of the real property of (c) As often as may be required. [Rule
the ward, if the same is sufficient 96 Secs 7 & 8]
(b) Real property of the ward upon obtaining an order for its
Reimbursement of Reasonable Expenses The court may authorize
sale or encumbrance. [Rule 96 Sec 2]
reimbursement to the guardian, other than a parent, of reasonable
(2) To settle all accounts of his ward [Rule 96 Sec 3]
expenses incurred in the execution of his trust.
(3) To demand, sue for, receive all debts due him, or, with the approval of
the court, compound for the same and give discharges to the debtor on [Rule 96 Sec 8]
receiving a fair and just dividend of the property and effects [Rule 96
Sec 3]
Payment of Compensation
(4) To appear for and represent the ward in all actions and special
proceedings, unless another person is appointed for that purpose [Rule Court may order payment of reasonable compensation not exceeding 15%
96 Sec 3] of the net
(5) To manage the property of the ward frugally and without waste, and
income of the ward. [Rule 96 Sec 8]
apply the income and profits thereon, insofar as may be necessary, to
the comfortable and suitable maintenance of the ward. If such income
and profits be insufficient for that purpose, to sell or encumber the real Embezzlement, Concealment, or Conveyance of
or personal property, upon being authorized by the court to do so [Rule
Ward’s Properties
96 Sec 4]
(6) To consent to a partition of real or personal property owned by the
ward jointly or in common with others, upon: Upon complaint by the:
(a) Authority granted by the court after hearing
(1) The guardian or ward, or
(b) Notice to relatives of the ward, and
(2) Any person having actual or prospective interest in the property of the
(c) A careful investigation as to the necessity and propriety
ward;
of the proposed action. [Rule 96 Sec 5]
(7) To submit to the court a verified inventory of the property of the ward:
The court may cite the suspected person to appear for examination and
(a) Within three months after his appointment
make such orders for the security of the estate. [Rule 96 Sec 6]
 Duration of Order of Sale or Encumbrance No order of sale granted in
General Rule: Purpose of the proceeding is to secure evidence from pursuance of this section shall continue in force for more than 1 year after
persons suspected of embezzling, concealing or conveying any property of granting of the same, without a sale being had. [Rule 95 Sec 4]
the ward so as to enable the guardian to institute the appropriate action to
obtain the possession of and secure title to said property. [Cui v. Piccio
Investment of Proceeds and Management of Property
(1952)]
The court may authorize and require the guardian to invest the proceeds of
sales or encumbrances, and any other money of his ward in his hands, in
Exception: Court may direct delivery of property to the guardian only in
real or personal property, for the best interests of the ward.
extreme cases, where property clearly belongs to the ward or where his
title thereto has already been judicially decided. [Cui v. Piccio (1952)] The court may make such other orders for the management, investment,
and disposition of the property and effects, as circumstances may warrant.
[Rule 95 Sec 5]
Selling and Encumbering the Property of the Ward

Court may order that his personal or real property or any part thereof be
CONDITIONS OF THE BOND OF THE GUARDIAN
sold, mortgaged or otherwise encumbered, and the proceeds invested in
safe and productive security, or in the improvement or security of other (Applicable for both Guardianship of Minors and incompetents)
real property (1) To make and return to the court, within three months after the
Grounds issuance of his letters of guardianship, a true and complete inventory of
all the real and personal property of his ward which shall come to his
(1) When the income of a property under guardianship is insufficient to possession or knowledge or to the possession or knowledge of any
maintain the ward and his family; or other person in his behalf;
(2) When it is for the benefit of the ward [Rule 95 Sec 1] (2) To faithfully execute the duties of his trust, to manage and dispose the
property according to this rule for the best interests of the ward, and to
Sale must first be confirmed by the court and that until such confirmation, provide for his proper care, custody and education;
not even equitable title passes. [HERRERA] (3) To render a true and just account of all the property of the ward in his
hands, and of all proceeds or interest derived from them, and of the
Order for Sale or Encumbrance Contents: management and disposition of the same, at the time designated by
this rule and such other times as the court directs and at the expiration
(1) Causes why sale or encumbrance is necessary or beneficial; of his trust, to settle his accounts with the court and deliver and pay
(2) Manner of sale (public or private); over all the property, effects, and monies remaining in his hands, or
(3) Time and manner of payment; due from him on such settlement, to the person lawfully entitled
(4) Security, if payment deferred; thereto;
(5) Additional bond from guardian, if required. [Rule 95 Sec 4] (4) To perform all orders of the court and such other duties as may be
required by law. [Rule 94 Sec 1; Sec. 14 AM 03-02-05]
B. RULE IN GUARDIANSHIP OVER MINOR (A.M. NO. 03-02-05-SC) Grounds for filing

General Rule: The father and the mother shall jointly exercise legal (1) Death, continued absence, or incapacity of his parents;
guardianship over the property of their unemancipated common child
(2) Suspension, deprivation or termination of parental authority;
without the necessity of a court appointment. [Sec. 3; also Art. 225, FC]
(3) Remarriage of his surviving parent, if the latter is found unsuitable to
In case of disagreement, the father’s decision shall prevail, unless there is a
exercise parental authority; or
judicial order to the contrary. [Art. 225, FC]
(4) When the best interests of the minor so require. [Sec 4]
However, if the market value of the property or the annual Income of the
child exceeds P50,000.00, the parent concerned shall furnish a bond. Qualifications of Guardians

Petition for Appointment of Guardian The court shall consider the guardian’s:

Who may file (1) Moral character;

(1) Resident minor: (2) Physical, mental and psychological condition;

(a) Any relative; or (3) Financial status;

(b) Other person on behalf of a minor; or (4) Relationship of trust with the minor;

(c) The minor himself, if 14 years of age or over; or (5) Availability to exercise the powers and duties of a guardian for the full
period of the guardianship;
(d) The Secretary of DSWD or the Secretary of DOH, in the case of an
insane minor who needs to be hospitalized. [Sec. 2] (6) Lack of conflict of interest with the minor;

(2) Non-resident minor who has property in the Philippines: (7) Ability to manage the property of the minor.
[Sec 5]
(a) Any relative or friend of such minor; or
(b) Anyone interested in his property, in expectancy or otherwise. [Sec. Grounds are not exhaustive. [HERRERA]
12]
Order of Preference in Appointment (in default of parents or a court-
Where to file approved guardian)

Resident minor - Family Court of the province or city where the minor (1) The surviving grandparent. In case several grandparents survive, the
actually resides. court shall select any of them taking into account all relevant
considerations.
Non-resident minor - Family Court of the province or city where his
property or any part thereof is situated [Sec. 3] (2) The oldest brother or sister of the minor over 21 years of age, unless
unfit or disqualified.
(3) The actual custodian of the minor over 21 years of age, unless unfit or (1) Majority of the minor;
disqualified.
(2) Unsuitability of the person for whom letters are prayed. [Sec. 10]
(4) Any other person, who in the sound discretion of the court, would
Procedure:
serve the best interests of the minor. [Sec 6] Contents of petition
Filing of petition.
(1) Jurisdictional facts;

(2) Name, age and residence of the prospective ward;
Court shall fix a time and place for hearing.
(3) Ground rendering the appointment necessary or convenient;

(4) Death of the parents of the minor or the termination, deprivation 

or suspension of their parental authority; Notice requirement

(5) Remarriage of the minor’s surviving parent; Court shall cause reasonable notice to be given
to:
(6) Names, ages, and residences of relatives within the 4th civil degree
of the minor, and of persons having him in their care and custody;  The persons mentioned in the petition

(7) Probable value, character and location of the property of the  The minor, if he is 14 years of age or
minor; over

(8) Name, age and residence of the person for whom letters of - For non-resident minors, notice shall
be given to the minor by
guardianship are prayed. [Sec 7]
publication or any other means as
the court may deem proper.
The petition shall be verified and accompanied by a certification against
The court may also direct other general or
forum shopping. No defect in the petition or verification shall render void
special notice to be given.
the issuance of letters of guardianship. [Sec 7

Who may file Opposition 

(1) Any interested person by written opposition [Sec. 10] Case Study Report

(2) The social worker ordered to make the case study report, may Court shall order a social worker to conduct a case study of the minor and
all the prospective guardians and submit his report and recommendation
intervene on behalf of the minor if he finds that the petition for
to the court for its guidance before the scheduled hearing.
guardianship should be denied [Sec. 9]

Grounds for Opposition 

Hearing (2) Guardian of non-resident minor: Management of all his property
within the Philippines [Sec. 17]
 Compliance with notice requirement Bonds of Guardians
must be shown.
Before a guardian enters upon the execution of his trust, or letters of
 The prospective ward shall be guardianship issue, he must file a bond as determined by the Court.
presented to the court. If the minor is
non-resident, the court may dispense [Sec. 14]
with his presence. *Conditions of the bond are similar to those for guardians of incompetent
persons.
 At the discretion of the court, the
hearing on guardianship may be closed
to the public.
Whenever necessary, the court may require the guardian to post a new
 The records of the case shall not be bond and may discharge from further liability the sureties on the old bond.
released without court approval. [Sec. 15]

Liability: In case of breach of any of its conditions, the guardian may be
Issuance or denial of letters of guardianship. prosecuted in the same proceeding for the benefit of the ward or of any
other person legally interested in the property. [Sec. 15]

Removal, Resignation, and Termination of Guardianship
Service of final and executory judgment or order upon the Local Civil
Registrar of the municipality or city where the minor resides and the Removal
Register of Deeds of the place where his property or part thereof is How: Upon reasonable notice to the guardian.
situated, who shall annotate the same in the corresponding title, and
report to the court their compliance within fifteen days from receipt of the Grounds: The guardian:
order.
(1) Becomes insane or otherwise incapable of discharging his trust; or

(2) Is found to be unsuitable;

Powers and Duties (3) Wasted or mismanaged the property of the ward; or
In general (4) Failed to render an account or make a return for thirty days after it is
due. [Sec. 14]
(1) Guardian of resident minor: Care and custody of the person of his ward
and the management of his property, or only the management of his Resignation
property.
Ground: Any justifiable cause.
Upon the removal or resignation of the guardian, the court shall appoint a • Adoption is not an adversarial proceeding since it has no particular
new one. defendant. [Republic v. Elepano (1991)]
• No court may entertain it unless it has jurisdiction over the parties and
No motion for removal or resignation shall be granted unless the guardian the res – the personal status of the parties.
has submitted the proper accounting of the property of the ward and the
• Constructive notice is enough where the residence of the parents
court has approved the same. [Sec. 24] unknown. When the parent has abandoned the child to be adopted,
Termination notice to the former is not required. [Santos v. Arazanso, (1966)]

Grounds A. DOMESTIC ADOPTION

(1) The ward has come of age; or

PROCEDURE FOR DOMESTIC ADOPTION
UNDER AM-02-6-02-SC
(2) The ward has died.

How Terminated: Petition for domestic adoption

(1) Court motu proprio terminates guardianship; or

(2) Upon verified motion of any person allowed to file a petition for Order of hearing by the court
guardianship.

The guardian shall notify the court of the fact of coming of age or death of Child and home study reports by the social worker
the ward within 10 days of its occurrence. [Sec. 25]

Hearing on the petition for adoption

E. ADOPTION

• Adoption is a juridical act which created between two persons a relation Supervised trial custody
similar to that which results from legitimate filiation. [Prasnick v.
Republic]
• Adoption is a privilege — not innate or fundamental, but rather a Adoption decree issued by the court
right created by statute. It is a privilege which is governed by the state’s
determination of what is for the best welfare of the child. [Lahum v.
Sibulo (2003)]
SCOPE AND APPLICABILITY

• The Rule on Adoption [AM-02-6-02-SC (July 31, 2002)] expressly

IN REM PROCEEDING repealed Rules 99 and 100. [Sec. 25, Rule on Adoption]
• RA 8552 (Domestic Adoption Act) governs the domestic adoption of d) certified by his diplomatic/consular office to have the legal capacity
Filipino children. [Sec. 1, Rule on Adoption] to adopt in his country;
e) whose government allows the adoptee to
OBJECTIVES [Sec. 2, Rule on Adoption] enter his country as his adopted child.

1) The child’s best interest is the paramount consideration in the child’s • Residency and certification requirements on alien may be waived
care/custody/adoption. for:
2) The State shall provide alternative protection and assistance to
foundlings, neglected, orphaned and abandoned children. a former Filipino citizen who seeks to adopt a relative within the
(1)
4th degree of consanguinity/affinity;
QUALIFIED ADOPTERS [Sec. 4, Rule on (2) one who seeks to adopt the legitimate child of his Filipino

Adoption] spouse;
(3) one who is married to a Filipino citizen and seeks to adopt
jointly with his spouse a relative within the 4th degree of
1) Any Filipino citizen:
consanguinity/affinity of the Filipino spouse.
a) of legal age;
3) The guardian with respect to the ward, after the termination of the
b) in possession of full civil capacity and legal
guardianship and clearance of his financial accountabilities.
rights;

c) of good moral character; QUALIFIED ADOPTEES [Sec. 5, Rule on

d) has not been convicted of any crime involving moral turpitude; Adoption]
e) who is emotionally and psychologically capable of caring for
children; 1) Any person below 18 years of age who was voluntarily committed to
f) at least 16 years older than the adoptee; DSWD or judicially declared available for adoption;
• Exception: when the adopter is: 2) The legitimate child of one spouse, by the other spouse;
3) An illegitimate child, by a qualified adopter to raise the status of the
the adoptee’s biological parent;
(1) former to that of legitimacy;
(2) the spouse of the adoptee’s parent. 4) A person of legal age regardless of civil status, if, prior to the adoption,
g) who is in a position to support and care for his children in keeping said he was consistently considered and treated by the adopters as
with the means of the family. their own child since minority; 5) A child whose adoption was rescinded;
2) Any alien: 6) A child whose biological/adoptive parents died. But no proceedings
a) possessing the same qualifications as shall be initiated within 6 months from the time of the parents’ death;
Filipinos; 7) A child not disqualified by law or these rules.

b) whose country has diplomatic relations with the Philippines;

VENUE [Sec. 6, Rule on Adoption]
c) who has been living in the Philippines for at least 3 continuous years
prior to the filing of the petition for adoption and maintains such
residence until the adoption decree is entered; • Family Court of the province/city where the prospective adoptive parents
reside.
 b) That the simulation was
made prior to the effectivity
PETITION FOR ADOPTION date of RA 8552, and that
the application for
rectificaion and the petition
ALLEGATIONS COMMON TO ALL PETITIONS [Sec. 7, Rule on Adoption] for adoption were filed
within 5 years from that
1) Adoptee’s first name, surname or names, age and residence as shown date
by his birth record, baptismal/foundling certificate and school records; c) That the petitioner made
2) That the adoptee is not disqualified by law; the simulation for the
adoptee's best interests
3) Adoptee’s estate’s value and character; d) That the adoptee was
4) First name, surname or names by which the adoptee is to be known and consistently considered and
treated by petitioner as his
registered in the Civil Registry.
own child

If petition for adoption of a) Facts showing that the child

SPECIFIC ALLEGATIONS [Sec. 7-10, Rule on Adoption] foundling, abandoned, is a foundling, abandoned,
dependent or neglected dependent or neglected
specific allegations children
b) Parents' names and
If Filipino adopter a) Jurisdictional facts residence, if known, and
b Adopter's qualifications their residence. If unknown,
) then those of the guardian
c) That adopter has undergone c) Name of the duly licensed
pre-adoption services child-placement agency or
individual who has care and
custody of
If alien adopter a) Jurisdictional facts the child
b Adopter's qualifications d) That the DSWD/agency is
) authorized to give its
If guardian-adopter Adopter's qualifications consent

If foundling-adoptee Entries which should appear in

JOINT ADOPTION BY SPOUSES the birth certificate

General
• If petition rule:forHusbanda)andChild's
also prays wiferegistered
shall jointly
name PETITION’S ANNEXES [Sec. 11, Rule on Adoption]
adopt.
change of name b) Aliases or other names by 1) Birth/baptismal/foundling certificate and
which the child has been
• Exception: known
school records, showing adoptee’s name, age
1) If one spouse c) seeks to byadopt
The full name which thethe and
legitimate child of child
the isother
to be known
spouse; residence;
2) If one spouse seeks to adopt his own
2) Affidavit of consent of:
illegitimate
If petition for rectification of child;
a) That provided the other
it is an application for
simulated birth
spouse consented; rectification of a simulated a) The adoptee, if 10 years of age or over;
birth
b) The child’s biological parents or legal
3) If the spouses are legally separated.
guardian, child-placement/child-caring
• If the spouses jointly adopt or one spouse
agency or proper government agency;
adopts the illegitimate child of the other, joint
parental authority shall be exercised by the
spouses.
 c) The adopter’s and the adoptee’s legitimate and adopted children 5) Directive to the social worker to prepare and submit child and home
who are 10 years of age or over; study reports before the hearing, if such reports were not attached
d) The adopter’s illegitimate children living with him who are 10 years to the petition due to
of age or over; unavailability at the time of the filing; and
e) The adopter’s and the adoptee’s spouses.
6) Directive to the social worker to conduct counseling sessions with
3) Child study report on the adoptee and his biological parents; the biological parents and to submit a report before the hearing.
4) If petitioner is an alien, certification by his diplomatic/consular office • Court has discretion to furnish copies of the order to OSG, DSWD and
that he has the legal capacity to adopt in his country and that his the adoptee’s biological parents.
government allows the adoptee to enter his country as his own adopted • If a change in the adoptee’s name is prayed for, notice to OSG is
child unless exempted under Sec.4(2); mandatory.
5) Home study report on the adopters. If the adopter is an alien or residing
abroad but qualified to adopt, the home study report by a foreign CHILD AND HOME STUDY REPORTS [Sec. 13, Rule on Adoption]
adoption agency duly accredited by the Inter-Country Adoption Board;
and
• The social worker shall verify with the Civil Registry the adoptee’s real
6) Decree of annulment, nullity or legal separation of the adopter and of
identity and registered name. If the adoptee’s birth was not registered,
the adoptee’s biological parents, if any.
the social worker shall register the adoptee and secure a certificate of
foundling or late registration.
ORDER OF HEARING [Sec. 12, Rule on Adoption]
• The social worker shall establish that:
1) the child is legally available for adoption;
• If the petition and attachments are sufficient in form and
2) the documents in support thereof are valid and authentic;
substance, the court shall issue an order.
3) that the adopter has sincere intentions;
• Order’s contents:
4) that the adoption shall inure to the child’s best interests.
1) Adoptee’s registered name in the birth certificate,
and the names by which the adoptee has been known • If the adopter is an alien, the home study report must show:
(to be stated in the caption); 1) his legal capacity to adopt;
2) Petition’s purpose; 2) that his government allows the adoptee to enter his country as his
3) Complete name which the adoptee will use if the adopted child in the absence of the certification required under Sec.
petition is granted; 7(b), RA 8552.
4) Hearing’s date and place of hearing (within 6 months • If the social worker finds that there are grounds to deny the petition, he
from the date of the order’s issuance) shall make the proper recommendation to the court, with copy
• Copy of the order shall be published at least once a week for 3 furnished the petitioner.
successive weeks before the hearing, in a newspaper of general
circulation in the province/city where the court is situated. HEARING [Sec. 14, Rule on Adoption]
• If the application is for change of name, the hearing shall not be
within 4 months after the last publication of the notice nor • Upon satisfactory proof of publication and jurisdiction, the court shall
within 30 days prior to an election. hear the petition.
 The petitioner and the adoptee must personally appear. The petitioner 3) One who is married to a Filipino citizen and seeks to adopt
must testify. jointly with his spouse the latter’s relative within the 4th
degree.
• The court shall verify from the social worker to:
• If the child is below 7 years of age and is placed with the prospective
1) determine WON the biological parent was properly counseled
adopter through a DSWD pre-adoption placement authority, the court
against making hasty decisions caused by strain/anxiety to give up shall order that the prospective adopter shall enjoy all the benefits to
the child; which the biological parent is entitled from the date the adoptee is
2) ensure that all measures to strengthen the family have been placed with him.
exhausted; • The social worker shall submit to the court a report on the result of the
3) ascertain if any prolonged stay of the child in his own home will be trial custody within 2 weeks after its termination.
inimical to his welfare and interest.
ADOPTION DECREE [Sec. 16, Rule on Adoption]
SUPERVISED TRIAL CUSTODY [Sec. 15, Rule on Adoption]
• If the supervised trial custody is satisfactory to the parties, the court is
• Before issuance of the adoption decree, the court shall give the adopter convinced from the trial custody report and the evidence that the
trial custody of the adoptee for at least 6 months. Within this period, adoption shall redound to the adoptee’s best interests, an adoption
the parties are expected to adjust psychologically and emotionally to decree shall be issued.
each other and establish a bonding relationship. • The adoption decree shall take effect as of the date the original petition
• The trial custody shall be monitored by the social worker who submitted was filed, even if the petitioners die before its issuance.
and prepared the case studies.
• During the period, temporary parental authority shall be vested in the ADOPTION DECREE’S CONTENTS
adopter.
• Where the trial custody had not yet begun or had already been 1) Name by which the child is to be known and registered;
completed at the time of a quasi-delict committed by the child to be 2) Order for the COC to issue to the adopter a certificate of finality upon
adopted, the adopting parents cannot assume any liability therefor. expiration of the 15day reglementary period for appeal;
Accordingly, his natural parents should be joined as indispensable 3) Order for the adopter to submit a certified true copy of the adoption
parties to the suit for damages. [Tamargo v. CA (1992)] decree and the certificate of finality to the Civil Registrar where the
• The court may reduce the period or exempt the parties if it finds that child was originally registered, within 30 days from receipt of the
the same shall be for the adoptee’s best interests. certificate of finality. In case of change of name, the decree shall be
• General rule: An alien adopter must complete the 6-month trial submitted to the Civil Registrar where the issuing court is situated.
custody. 4) Order for the Civil Registrar of the place where the adoptee was

• Exception: registered:
1) A former Filipino citizen who seeks to adopt a relative within a) to annotate on the adoptee’s original birth certificate the adoption
the 4th degree; decree, within 30 days from receipt of the certificate of finality;
2) One who seeks to adopt the legitimate child of his Filipino b) to issue a birth certificate which shall not bear any notation that it is
spouse; a new/amended certificate;
 c) to seal the original birth certificate in the civil registry records,
which can be opened only upon order of the court which issued the WHO MAY FILE THE PETITION FOR RESCISSION
adoption decree; [Sec. 19, Rule on Adoption]
d) to submit to the court issuing the adoption decree proof of • The adoptee who is over 18 years of age.
compliance within 30 days from receipt of the decree; • With the assistance of:
e) If the adoptee is a foundling, to annotate the adoption decree on 1) DSWD, if he is a minor;
the foundling certificate. 2) His guardian/counsel, if he is over 18 years of age but is
incapacitated.
CONFIDENTIALITY OF PROCEEDINGS AND
RECORDS [Sec. 18, Rule on Adoption] WHEN TO FILE THE PETITION FOR RESCISSION
[Sec. 21, Rule on Adoption] • Within 5 years:
• After compliance with jurisdictional requirements, all adoption hearings 1) After reaching the age of majority, if the adoptee is incapacitated;
shall be confidential and shall not be open to the public. All related 2) After recovery from incompetency, if the adoptee is incompetent.
records shall be kept strictly confidential.
• If the court finds that disclosure to a 3rd person is necessary for security ORDER TO ANSWER [Sec. 22, Rule on Adoption]
reasons or for purposes connected with or arising out of the adoption • The court shall order the adverse party to answer the petition within
and will be for the adoptee’s best interests, the court may order the 15 days from receipt of a copy thereof.
necessary information to be released, restricting the purposes for which
it may be used. JUDGMENT [Sec. 23, Rule on Adoption]
• If the court finds that the petition’s allegations are true, it shall order
ADOPTION’S RESCISSION
the rescission of adoption.
• The court shall order that:
• Adoption may not be rescinded by the adopter; but he may disinherit
1) The biological parents’ parental authority, or the DSWD’s legal
the adoptee under Art. 919, CC. [Sec. 19, Rule on Adoption]
custody, shall be restored if the adoptee is still a
• Rationale: Adoption is for the child’s best interests. minor/incapacitated.
2) The reciprocal rights and obligations of the adopter and the
GROUNDS FOR RESCISSION THAT ARE
adoptee shall be extinguished.
COMMITTED BY THE ADOPTER [Sec. 19, Rule on Adoption]
3) The successional rights shall revert to its status prior to adoption,
1) repeated physical and verbal maltreatment despite having undergone
as of the date of judgment of judicial rescission. Vested rights
counseling; acquired prior to judicial rescission shall be respected.
2) attempt on the adoptee’s life;
4) The adoptee shall use the name stated in his original
3) sexual assault/violence; birth/foundling certificate.
4) abandonment or failure to comply with parental obligations. 5) The Civil Registrar where the adoption decree was registered shall
cancel the new birth certificate of the adoptee and reinstate his
VENUE [Sec. 20, Rule on Adoption] original birth/foundling certificate.
• Family Court of the city/province where the adoptee resides.
SERVICE OF JUDGMENT [Sec. 24, Rule on
Adoption] PETITION FOR ADOPTION
• A certified true copy of the judgment and a certificate of finality shall
be served by the petitioner upon the Civil Registrar within 30 days PETITION’S CONTENTS [Sec. 30, Rule on Adoption]
from receipt of the certificate of finality. The Civil Registrar shall enter 1) Age of the petitioner and of the child to be adopted, showing that
the rescission decree in the register and submit proof of compliance to petitioner is at least 27 years of age and at least 16 years older than the
the court within 30 days from receipt of the decree. child at the time of application;
• Exception: If the petitioner is the child’s biological parent or the
B. INTER-COUNTRY ADOPTION spouse of such parent.
2) If petitioner is married, the name of the spouse who must be joined as
SCOPE AND APPLICABILITY [Sec. 26, Rule on Adoption] co-petitioner;
• Exception: If the adoptee is the spouse’s legitimate child.
• RA 8043 (Inter-Country Adoption Act) governs the adoption of Filipino 3) Petitioner’s capacity to act and assume all rights and responsibilities of
children by: 1) Foreign nationals; parental authority under his national laws, and that he has undergone
2) Filipino citizens permanently residing abroad. the appropriate counseling from an accredited counselor in his country;
4) Non-conviction of crimes involving moral turpitude;
OBJECTIVES [Sec. 27, Rule on Adoption] 5) Eligibility to adopt under his national law;
6) That he can provide the proper care and support and instill the
1) To consider inter-country adoption as an alternative means of child necessary moral values and example to all his children, including the
care, if the child cannot be placed in a foster/adoptive family or cannot child to be adopted;
be cared for in the Philippines; 7) That he agrees to uphold the basic rights of the child;
2) To ensure that the child enjoys the same protection accorded to 8) That he comes from a country with which the Philippines has diplomatic
children in domestic adoption; relations and whose government maintains a similarly authorized and
3) To ensure that the placement does not result in improper financial gain accredited agency; and that adoption of a Filipino child is allowed under
for those involved. his national laws;
9) That he possesses all the qualifications and none of the disqualifications
QUALIFIED ADOPTEES [Sec. 29, Rule on Adoption] provided in this Rule, in RA 8043 and other Philippine laws.

PETITION’S ANNEXES [Sec. 31, Rule on Adoption]

• Only a child legally available for domestic adoption may be the subject of
1) Petitioner’s birth certificate;
inter-country adoption.
2) Marriage contract, divorce decree or judgment dissolving the marriage;
3) Sworn statement of consent of petitioner’s biological/adopted children
VENUE [Sec. 28, Rule on Adoption]
above 10 years of age;
4) Physical, medical and psychological evaluation of the petitioner certified
1) Family Court having jurisdiction over the place where the child resides
by a duly licensed physician and psychologist;
or may be found.
2) Directly with the Inter-Country Adoption Board.
5) Income tax returns or any authentic document showing the petitioner’s Instance, or a judge thereof, on any day and at any time, and returnable
current financial capability; before himself, enforceable only within his judicial district.
6) Police clearance issued within 6 months before the filing of the petition;
7) Character reference from the local church/minister, the petitioner’s ER Section 3. Requisites of application therefor. — Application for the writ shall
and a member of the immediate community who be by petition signed and verified either by the party for whose relief it is
have known the petitioner for at least 5 years; intended, or by some person on his behalf, and shall set forth:

8) Full body postcard-size pictures of the petitioner and his immediate (a) That the person in whose behalf the application is made is
family taken at least 6 months before the filing of the petition. imprisoned or restrained on his liberty;

COURT’S DUTY (b) The officer or name of the person by whom he is so imprisoned
or restrained; or, if both are unknown or uncertain, such officer or
person may be described by an assumed appellation, and the
• If the court finds that petition is sufficient in form and substance and
person who is served with the writ shall be deemed the person
that there is a proper case for inter-country adoption, it shall transmit
intended;
the petition to the Inter-Country Adoption Board. [Sec. 32, Rule on
Adoption]
(c) The place where he is so imprisoned or restrained, if known;
• An adoption created under the law of a foreign country is entitled to
registration in the corresponding civil register of the Philippines. The (d) A copy of the commitment or cause of detention of such person,
effects of such adoption shall be governed by the law of the Philippines. if it can be procured without impairing the efficiency of the remedy;
[Marcaida v. Aglubat (1967)] or, if the imprisonment or restraint is without any legal authority,
such fact shall appear.

F. SPECIAL WRITS (HABEAS CORPUS/AMPARO/HABEAS DATA) Section 4. When writ not allowed or discharge authorized. — If it appears
that the person alleged to be restrained of his liberty is in the custody of an
I. HABEAS CORPUS officer under process issued by a court or judge or by virtue of a judgment
or order of a court of record, and that the court or judge had jurisdiction to
Section 1. To what habeas corpus extends. — Except as otherwise expressly issue the process, render the judgment, or make the order, the writ shall
provided by law, the writ of habeas corpus shall extend to all cases of illegal not be allowed; or if the jurisdiction appears after the writ is allowed, the
confinement or detention by which any person is deprived of his liberty, or person shall not be discharged by reason of any informality or defect in the
by which the rightful custody of any person is withheld from the person process, judgment, or order. Not shall anything in this rule be held to
entitled thereto. authorize the discharge of a person charged with or convicted of an offense
in the Philippines, or of a person suffering imprisonment under lawful
Section 2. Who may grant the writ. — The writ of habeas corpus  may be judgment.
granted by the Supreme Court, or any member thereof in the instances
authorized by law, and if so granted it shall be enforceable anywhere in the Section 5. When the writ must be granted and issued. — A court or judge
Philippines, and may be made returnable before the court or any member authorized to grant the writ must, when a petition therefor is presented and
thereof, or before a Court of First Instance, or any judge thereof for the it appears that the writ ought to issue, grant the same forthwith, and
hearing and decision on the merits. It may also be granted by a Court of First immediately thereupon the clerk of the court shall issue the writ under the
seal of the court; or in case of emergency, the judge may issue the writ Section 10. Contents of return. — When the person to be produced is
under his own hand, and may depute any officer or person to serve it. imprisoned or restrained by an officer, the person who makes the return
shall state therein, and in other cases the person in whose custody the
Section 6. To whom writ directed, and what to require. — In case of prisoner is found shall state, in writing to the court or judge before whom
imprisonment or restraint by an officer, the writ shall be directed to him, the writ is returnable, plainly and unequivocably:
and shall command him to have the body of the person restrained of his
liberty before the court or judge designated in the writ at the time and place (a) Whether he has or has not the party in his custody or power, or
therein specified. In case of imprisonment or restraint by a person not an under restraint;
officer, the writ shall be directed to an officer, and shall command him to
take and have the body of the person restrained of his liberty before the (b) If he has the party in his custody or power, or under restraint,
court or judge designated in the writ at the time and place therein specified, the authority and the true and whole cause thereof, set forth at
and to summon the person by whom he is restrained then and there to large, with a copy of the writ, order execution, or other process, if
appear before said court or judge to show the cause of the imprisonment or any, upon which the party is held;
restraint.
(c) If the party is in his custody or power or is restrained by him, and
Section 7. How prisoner designated and writ served. — The person to be is not produced, particularly the nature and gravity of the sickness
produced should be designated in the writ by his name, if known, but if his or infirmity of such party by reason of which he cannot, without
name is not known he may be otherwise described or identified. The writ danger, be bought before the court or judge;
may be served in any province by the sheriff or other proper officer, or by a
person deputed by the court or judge. Service of the writ shall be made by (d) If he has had the party in his custody or power, or under
leaving the original with the person to whom it is directed and preserving a restraint, and has transferred such custody or restraint to another,
copy on which to make return or service. If that person cannot be found, or particularly to whom, at what time, for what cause, and by what
has not the prisoner in his custody, then the service shall be made on any authority such transfer was made.
other person having or exercising such custody.
Section 11. Return to be signed and sworn to. — The return or statement
Section 8. How writ executed and returned. — The officer to whom the writ shall be signed by the person who makes it; and shall also be sworn by him
is directed shall convey the person so imprisoned or restrained, and named if the prisoner is not produced, and in all other cases unless the return is
in the writ, before the judge allowing the writ, or in case of his absence or made and signed by a sworn public officer in his official capacity.
disability, before some other judge of the same court, on the day specified
in the writ, unless, from sickness or infirmity of the person directed to be Section 12. Hearing on return.  Adjournments. — When the writ is returned
produced, such person cannot, without danger, be bought before the court before one judge, at a time when the court is in session, he may forthwith
or judge; and the officer shall make due return of the writ, together with the adjourn the case into the court, there to be heard and determined. The
day and the cause of the caption and restraint of such person according to court or judge before whom the writ is returned or adjourned must
the command thereof. immediately proceed to hear and examine the return, and such other
matters as are properly submitted for consideration, unless for good cause
Section 9. Defect of form. — No writ of habeas corpus can be disobeyed for shown the hearing is adjourned, in which event the court or judge shall
defect of form, if it sufficiently appears therefrom in whose custody or make such order for the safekeeping of the person imprisoned or restrained
under whose restraint the party imprisoned or restrained is held and the as the nature of the case requires. If the person imprisoned or restrained is
court or judge before whom he is to be bought. not produced because of his alleged sickness or infirmity, the court or judge
must be satisfied that it is so grave that such person cannot be produced refuses to obey or make return of the same according to the command
without danger, before proceeding to hear and dispose of the matter. On thereof, or makes false return thereof, or who, upon demand made by or on
the hearing the court or judge shall disregard matters of form and behalf of the prisoner, refuses to deliver to the person demanding, within
technicalities in respect to any warrant or order of commitment of a court six (6) hours after the demand therefor, a true copy of the warrant or order
or officer authorized to commit by law. of commitment, shall forfeit to the party aggrieved the sum of one thousand
pesos, to be recorded in a proper action, and may also be punished by the
Section 13. When the return evidence, and when only a plea. — If it appears court or judge as for contempt.
that the prisoner is in custody under a warrant of commitment in pursuance
of law, the return shall be considered  prima facie  evidence of the cause of Section 17. Person discharged not to be again imprisoned. — A person who
restraint, but if he is restrained of his liberty by any alleged private is set at liberty upon a writ of habeas corpus shall not be again imprisoned
authority, the return shall be considered only as a plea of the facts therein for the same offense unless by the lawful order or process of a court having
set forth, and the party claiming the custody must prove such facts. jurisdiction of the cause or offense; and a person who knowingly, contrary
to the provisions of this rule, recommits or imprisons, or causes to be
Section 14. When person lawfully imprisoned recommitted, and when let to committed or imprisoned, for the same offense, or pretended offense, any
bail. — If it appears that the prisoner was lawfully committed, and is plainly person so set at liberty, or knowingly aids or assists therein, shall forfeit to
and specifically charged in the warrant of commitment with an offense the party aggrieved the sum of one thousand pesos, to be recovered in a
punishable by death, he shall not be released, discharged, or bailed. If he is proper action, notwithstanding any colorable pretense or variation in the
lawfully imprisoned or restrained on a charge of having committed an warrant of commitment, and may also be punished by the court or judge
offense not so punishable, he may be recommitted to imprisonment or granting the writ as for contempt.
admitted to bail in the discretion of the court or judge. If he be admitted to
bail, he shall forthwith file a bond in such sum as the court or judge deems Section 18. When prisoner may be removed from one custody to another. —
reasonable, considering the circumstances of the prisoner and the nature of A person committed to prison, or in custody of an officer, for any criminal
the offense charged, conditioned for his appearance before the court where matter, shall not be removed therefrom into the custody of another unless
the offense is properly cognizable to abide its order of judgment; and the by legal process, or the prisoner be delivered to an inferior officer to carry
court or judge shall certify the proceedings, together with the bond, to jail, or, by order of the proper court or judge, be removed from one place
forthwith to the proper court. If such bond is not so filed, the prisoner shall to another within the Philippines for trial, or in case of fire epidemic,
be recommitted to confinement. insurrection, or other necessity or public calamity; and a person who, after
such commitment, makes signs, or counter-signs any order for such removal
Section 15. When prisoner discharged if no appeal. — When the court or contrary to this section, shall forfeit to the party aggrieved the sum of one
judge has examined into the cause of caption and restraint of the prisoner, thousand pesos, to be recovered in a proper action.
and is satisfied that he is unlawfully imprisoned or restrained, he shall
forthwith order his discharge from confinement, but such discharge shall Section 19. Record of writ, fees and costs. — The proceedings upon a writ
not be effective until a copy of the order has been served on the officer or of habeas corpus shall be recorded by the clerk of the court, and upon the
person detaining the prisoner. If the officer or person detaining the prisoner final disposition of such proceedings the court or judge shall make such
does not desire to appeal, the prisoner shall be forthwith released. order as to costs as the case requires. The fees of officers and witnesses
shall be included in the costs taxed, but no officer or person shall have the
Section 16. Penalty for refusing to issue writ, or for disobeying the same. — right to demand payment in advance of any fees to which he is entitled by
A clerk of a court who refuses to issue the writ after allowance thereof and virtue of the proceedings. When a person confined under color of
demand therefor, or a person to whom a writ is directed, who neglects or proceedings in a criminal case is discharged, the costs shall be taxed against
the Republic of the Philippines, and paid out of its Treasury; when a person
in custody by virtue or under color of proceedings in a civil case is the Court of Appeals, the Supreme Court, or any justice of such courts. The
discharged, the costs shall be taxed against him, or against the person who writ shall be enforceable anywhere in the Philippines.
signed the application for the writ, or both, as the court shall direct.
When issued by a Regional Trial Court or any judge thereof, the writ shall be
returnable before such court or judge.

II. WRIT OF AMPARO When issued by the Sandiganbayan or the Court of Appeals or any of their
justices, it may be returnable before such court or any justice thereof, or to
SECTION 1. Petition. – The petition for a writ of amparo is a remedy any Regional Trial Court of the place where the threat, act or omission was
available to any person whose right to life, liberty and security is violated or committed or any of its elements occurred.
threatened with violation by an unlawful act or omission of a public official
or employee, or of a private individual or entity. When issued by the Supreme Court or any of its justices, it may be
returnable before such Court or any justice thereof, or before the
The writ shall cover extralegal killings and enforced disappearances or Sandiganbayan or the Court of Appeals or any of their justices, or to any
threats thereof. Regional Trial Court of the place where the threat, act or omission was
committed or any of its elements occurred.
SEC. 2. Who May File. – The petition may be filed by the aggrieved party or
by any qualified person or entity in the following order: SEC. 4. No Docket Fees. – The petitioner shall be exempted from the
payment of the docket and other lawful fees when filing the petition. The
a. Any member of the immediate family, namely: the spouse, children court, justice or judge shall docket the petition and act upon it immediately.
and parents of the aggrieved party;
SEC. 5. Contents of Petition. – The petition shall be signed and verified and
b. Any ascendant, descendant or collateral relative of the aggrieved shall allege the following:
party within the fourth civil degree of consanguinity or affinity, in
default of those mentioned in the preceding paragraph; or a. The personal circumstances of the petitioner;

c. Any concerned citizen, organization, association or institution, if b. The name and personal circumstances of the respondent
there is no known member of the immediate family or relative of responsible for the threat, act or omission, or, if the name is
the aggrieved party. unknown or uncertain, the respondent may be described by an
assumed appellation;
The filing of a petition by the aggrieved party suspends the right of all other
authorized parties to file similar petitions. Likewise, the filing of the petition c. The right to life, liberty and security of the aggrieved party violated
by an authorized party on behalf of the aggrieved party suspends the right or threatened with violation by an unlawful act or omission of the
of all others, observing the order established herein. respondent, and how such threat or violation is committed with the
attendant circumstances detailed in supporting affidavits;
SEC. 3. Where to File. – The petition may be filed on any day and at any time
with the Regional Trial Court of the place where the threat, act or omission d. The investigation conducted, if any, specifying the names, personal
was committed or any of its elements occurred, or with the Sandiganbayan, circumstances, and addresses of the investigating authority or
 individuals, as well as the manner and conduct of the investigation, a. The lawful defenses to show that the respondent did not violate or
together with any report; threaten with violation the right to life, liberty and security of the
aggrieved party, through any act or omission;
e. The actions and recourses taken by the petitioner to determine the
fate or whereabouts of the aggrieved party and the identity of the b. The steps or actions taken by the respondent to determine the fate
person responsible for the threat, act or omission; and or whereabouts of the aggrieved party and the person or persons
responsible for the threat, act or omission;
f. The relief prayed for.
c. All relevant information in the possession of the respondent
The petition may include a general prayer for other just and equitable pertaining to the threat, act or omission against the aggrieved party;
reliefs. and

SEC. 6. Issuance of the Writ. – Upon the filing of the petition, the court, d. If the respondent is a public official or employee, the return shall
justice or judge shall immediately order the issuance of the writ if on its face further state the actions that have been or will still be taken:
it ought to issue. The clerk of court shall issue the writ under the seal of the
court; or in case of urgent necessity, the justice or the judge may issue the i. to verify the identity of the aggrieved party;
writ under his or her own hand, and may deputize any officer or person to
serve it. ii. to recover and preserve evidence related to the death or
disappearance of the person identified in the petition which
The writ shall also set the date and time for summary hearing of the petition may aid in the prosecution of the person or persons
which shall not be later than seven (7) days from the date of its issuance. responsible;

SEC. 7. Penalty for Refusing to Issue or Serve the Writ. – A clerk of court iii. to identify witnesses and obtain statements from them
who refuses to issue the writ after its allowance, or a deputized person who concerning the death or disappearance;
refuses to serve the same, shall be punished by the court, justice or judge
for contempt without prejudice to other disciplinary actions. iv. to determine the cause, manner, location and time of death
or disappearance as well as any pattern or practice that may
SEC. 8. How the Writ is Served. – The writ shall be served upon the have brought about the death or disappearance;
respondent by a judicial officer or by a person deputized by the court,
justice or judge who shall retain a copy on which to make a return of v. to identify and apprehend the person or persons involved in
service. In case the writ cannot be served personally on the respondent, the the death or disappearance; and
rules on substituted service shall apply.
vi. to bring the suspected offenders before a competent court.
SEC. 9. Return; Contents. – Within seventy-two (72) hours after service of
the writ, the respondent shall file a verified written return together with The return shall also state other matters relevant to the investigation, its
supporting affidavits which shall, among other things, contain the following: resolution and the prosecution of the case.

A general denial of the allegations in the petition shall not be allowed.

SEC. 10. Defenses not Pleaded Deemed Waived. — All defenses shall be conference to simplify the issues and determine the possibility of obtaining
raised in the return, otherwise, they shall be deemed waived. stipulations and admissions from the parties.

SEC. 11. Prohibited Pleadings and Motions. – The following pleadings and The hearing shall be from day to day until completed and given the same
motions are prohibited: priority as petitions for habeas corpus.

a. Motion to dismiss; SEC. 14. Interim Reliefs. — Upon filing of the petition or at anytime before
final judgment, the court, justice or judge may grant any of the following
b. Motion for extension of time to file return, opposition, affidavit, reliefs:
position paper and other pleadings;
(a) Temporary Protection Order. – The court, justice or judge, upon
c. Dilatory motion for postponement; motion or motu proprio, may order that the petitioner or the
aggrieved party and any member of the immediate family be
d. Motion for a bill of particulars; protected in a government agency or by an accredited person or
private institution capable of keeping and securing their safety. If
e. Counterclaim or cross-claim; the petitioner is an organization, association or institution referred
to in Section 3(c) of this Rule, the protection may be extended to
f. Third-party complaint; the officers involved.

g. Reply; The Supreme Court shall accredit the persons and private
institutions that shall extend temporary protection to the petitioner
h. Motion to declare respondent in default; or the aggrieved party and any member of the immediate family, in
accordance with guidelines which it shall issue.
i. Intervention;
The accredited persons and private institutions shall comply with
j. Memorandum; the rules and conditions that may be imposed by the court, justice
or judge.
k. Motion for reconsideration of interlocutory orders or interim relief
orders; and (b) Inspection Order. — The court, justice or judge, upon verified
motion and after due hearing, may order any person in possession
l. Petition for certiorari, mandamus or prohibition against any or control of a designated land or other property, to permit entry
interlocutory order. for the purpose of inspecting, measuring, surveying, or
photographing the property or any relevant object or operation
SEC. 12. Effect of Failure to File Return. — In case the respondent fails to thereon.
file a return, the court, justice or judge shall proceed to hear the petition ex
parte. The motion shall state in detail the place or places to be inspected.
It shall be supported by affidavits or testimonies of witnesses having
SEC. 13. Summary Hearing. — The hearing on the petition shall be personal knowledge of the enforced disappearance or whereabouts
summary. However, the court, justice or judge may call for a preliminary of the aggrieved party.
If the motion is opposed on the ground of national security or of the The court, justice or judge may also refer the witnesses to other
privileged nature of the information, the court, justice or judge may government agencies, or to accredited persons or private
conduct a hearing in chambers to determine the merit of the institutions capable of keeping and securing their safety.
opposition.
SEC. 15. Availability of Interim Reliefs to Respondent. – Upon verified
The movant must show that the inspection order is necessary to motion of the respondent and after due hearing, the court, justice or judge
establish the right of the aggrieved party alleged to be threatened may issue an inspection order or production order under paragraphs (b) and
or violated. (c) of the preceding section.

The inspection order shall specify the person or persons authorized A motion for inspection order under this section shall be supported by
to make the inspection and the date, time, place and manner of affidavits or testimonies of witnesses having personal knowledge of the
making the inspection and may prescribe other conditions to defenses of the respondent.
protect the constitutional rights of all parties. The order shall expire
five (5) days after the date of its issuance, unless extended for SEC. 16. Contempt. – The court, justice or judge may order the respondent
justifiable reasons. who refuses to make a return, or who makes a false return, or any person
who otherwise disobeys or resists a lawful process or order of the court to
(c) Production Order. – The court, justice or judge, upon verified be punished for contempt. The contemnor may be imprisoned or imposed a
motion and after due hearing, may order any person in possession, fine.
custody or control of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things, or objects SEC. 17. Burden of Proof and Standard of Diligence Required. – The parties
in digitized or electronic form, which constitute or contain evidence shall establish their claims by substantial evidence.
relevant to the petition or the return, to produce and permit their
inspection, copying or photographing by or on behalf of the movant. The respondent who is a private individual or entity must prove that
ordinary diligence as required by applicable laws, rules and regulations was
The motion may be opposed on the ground of national security or observed in the performance of duty.
of the privileged nature of the information, in which case the court,
justice or judge may conduct a hearing in chambers to determine The respondent who is a public official or employee must prove that
the merit of the opposition. extraordinary diligence as required by applicable laws, rules and regulations
was observed in the performance of duty.
The court, justice or judge shall prescribe other conditions to
protect the constitutional rights of all the parties. The respondent public official or employee cannot invoke the presumption
that official duty has been regularly performed to evade responsibility or
(d) Witness Protection Order. – The court, justice or judge, upon liability.
motion or motu proprio, may refer the witnesses to the Department
of Justice for admission to the Witness Protection, Security and SEC. 18. Judgment. — The court shall render judgment within ten (10) days
Benefit Program, pursuant to Republic Act No. 6981. from the time the petition is submitted for decision. If the allegations in the
petition are proven by substantial evidence, the court shall grant the
privilege of the writ and such reliefs as may be proper and appropriate;
otherwise, the privilege shall be denied.
SEC. 19. Appeal. – Any party may appeal from the final judgment or order to When a criminal action and a separate civil action are filed subsequent to a
the Supreme Court under Rule 45. The appeal may raise questions of fact or petition for a writ of amparo, the latter shall be consolidated with the
law or both. criminal action.

The period of appeal shall be five (5) working days from the date of notice of After consolidation, the procedure under this Rule shall continue to apply to
the adverse judgment. the disposition of the reliefs in the petition.

The appeal shall be given the same priority as in habeas corpus cases. SEC. 24. Substantive Rights. — This Rule shall not diminish, increase or
modify substantive rights recognized and protected by the Constitution.
SEC. 20. Archiving and Revival of Cases. – The court shall not dismiss the
petition, but shall archive it, if upon its determination it cannot proceed for SEC. 25. Suppletory Application of the Rules of Court. – The Rules of Court
a valid cause such as the failure of petitioner or witnesses to appear due to shall apply suppletorily insofar as it is not inconsistent with this Rule.
threats on their lives.
SEC. 26. Applicability to Pending Cases. – This Rule shall govern cases
A periodic review of the archived cases shall be made by the amparo court involving extralegal killings and enforced disappearances or threats thereof
that shall, motu proprio or upon motion by any party, order their revival pending in the trial and appellate courts.
when ready for further proceedings. The petition shall be dismissed with
prejudice upon failure to prosecute the case after the lapse of two (2) years SEC. 27. Effectivity. – This Rule shall take effect on October 24, 2007,
from notice to the petitioner of the order archiving the case. following its publication in three (3) newspapers of general circulation.

The clerks of court shall submit to the Office of the Court Administrator a
consolidated list of archived cases under this Rule not later than the first
week of January of every year. III. WRIT OF HABEAS DATA

SEC. 21. Institution of Separate Actions. — This Rule shall not preclude the SECTION 1. Habeas Data. - The writ of habeas data is a remedy available to
filing of separate criminal, civil or administrative actions. any person whose right to privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a public official or employee,
SEC. 22. Effect of Filing of a Criminal Action. – When a criminal action has or of a private individual or entity engaged in the gathering, collecting or
been commenced, no separate petition for the writ shall be filed. The reliefs storing of data or information regarding the person, family, home and
under the writ shall be available by motion in the criminal case. correspondence of the aggrieved party.

The procedure under this Rule shall govern the disposition of the reliefs SEC. 2. Who May File. - Any aggrieved party may file a petition for the writ
available under the writ of amparo. of habeas data. However, in cases of extralegal killings and enforced
disappearances, the petition may be filed by:
SEC. 23. Consolidation. – When a criminal action is filed subsequent to the
filing of a petition for the writ, the latter shall be consolidated with the (a) Any member of the immediate family of the aggrieved party,
criminal action. namely: the spouse, children and parents; or
 (b) Any ascendant, descendant or collateral relative of the aggrieved SEC. 6. Petition. - A verified written petition for a writ of habeas data should
party within the fourth civil degree of consanguinity or affinity, in contain:
default of those mentioned in the preceding paragraph; or
(a) The personal circumstances of the petitioner and the
SEC. 3. Where to File. - The petition may be filed with the Regional Trial respondent;
Court where the petitioner or respondent resides, or that which has
jurisdiction over the place where the data or information is gathered, (b) The manner the right to privacy is violated or threatened and
collected or stored, at the option of the petitioner. how it affects the right to life, liberty or security of the aggrieved
party;
The petition may also be filed with the Supreme Court or the Court of
Appeals or the Sandiganbayan when the action concerns public data files of (c) The actions and recourses taken by the petitioner to secure the
government offices. data or information;

SEC. 4. Where Returnable; Enforceable. - When the writ is issued by a (d) The location of the files, registers or databases, the government
Regional Trial Court or any judge thereof, it shall be returnable before such office, and the person in charge, in possession or in control of the
court or judge. data or information, if known;

When issued by the Court of Appeals or the Sandiganbayan or any of its (e) The reliefs prayed for, which may include the updating,
justices, it may be returnable before such court or any justice thereof, or to rectification, suppression or destruction of the database or
any Regional Trial Court of the place where the petitioner or respondent information or files kept by the respondent.
resides, or that which has jurisdiction over the place where the data or
information is gathered, collected or stored.       In case of threats, the relief may include a prayer for an order
enjoining the act complained of; and
When issued by the Supreme Court or any of its justices, it may be
returnable before such Court or any justice thereof, or before the Court of (f) Such other relevant reliefs as are just and equitable.
Appeals or the Sandiganbayan or any of its justices, or to any Regional Trial
Court of the place where the petitioner or respondent resides, or that which SEC. 7. Issuance of the Writ. - Upon the filing of the petition, the court,
has jurisdiction over the place where the data or information is gathered, justice or judge shall immediately order the issuance of the writ if on its face
collected or stored. it ought to issue. The clerk of court shall issue the writ under the seal of the
court and cause it to be served within three (3) days from the issuance; or,
The writ of habeas data shall be enforceable anywhere in the Philippines. in case of urgent necessity, the justice or judge may issue the writ under his
or her own hand, and may deputize any officer or person serve it.
Sec. 5. Docket Fees. - No docket and other lawful fees shall be required
from an indigent petitioner. The petition of the indigent shall be docked and The writ shall also set the date and time for summary hearing of the petition
acted upon immediately, without prejudice to subsequent submission of which shall not be later than ten (10) work days from the date of its
proof of indigency not later than fifteen (15) days from the filing of the issuance.
petition.
SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - A clerk of court
who refuses to issue the writ after its allowance, or a deputized person who
refuses to serve the same, shall be punished by the court, justice or judge false return, or refusing to make a return; or any person who otherwise
for contempt without prejudice to other disciplinary actions. disobeys or resist a lawful process or order of the court.

SEC. 9. How the Writ is Served. - The writ shall be served upon the SEC. 12. When Defenses May be Heard in Chambers. - A hearing in
respondent by a judicial officer or by a person deputized by the court, chambers may be conducted where the respondent invokes the defense
justice or judge who shall retain a copy on which to make a return of that the release of the data or information in question shall compromise
service. In case the writ cannot be served personally on the respondent, the national security or state secrets, or when the data or information cannot
rules on substituted service shall apply. be divulged to the public due to its nature or privileged character.

SEC. 10. Return; Contents. - The respondent shall file a verified written Sec. 13. Prohibited Pleadings and Motions. - The following pleadings and
return together with supporting affidavits within five (5) working days from motions are prohibited:
service of the writ, which period may be reasonably extended by the Court
for justifiable reasons. The return shall, among other things, contain the (a) Motion to dismiss;
following:
(b) Motion for extension of time to file return, opposition, affidavit,
(a) The lawful defenses such as national security, state secrets, position paper and other pleadings;
privileged communications, confidentiality of the source of
information of media and others; (c) Dilatory motion for postponement;

(b) In case of respondent in charge, in possession or in control of the (d) Motion for a bill of particulars;
data or information subject of the petition;
(e) Counterclaim or cross-claim;
(i) a disclosure of the data or information about the
petitioner, the nature of such data or information, and the (f) Third-party complaint;
purpose for its collection;
(g) Reply;
(ii) the steps or actions taken by the respondent to ensure
the security and confidentiality of the data or information; (h) Motion to declare respondent in default;
and,
(i) Intervention;
(iii) the currency and accuracy of the data or information
held; and, (j) Memorandum;

(c) Other allegations relevant to the resolution of the proceeding. (k) Motion for reconsideration of interlocutory orders or interim
relief orders; and
A general denial of the allegations in the petition shall not be allowed.
(l) Petition for certiorari, mandamus or prohibition against any
SEC. 11. Contempt. - The court, justice or judge may punish with interlocutory order.
imprisonment or fine a respondent who commits contempt by making a
SEC. 14. Return; Filing. - In case the respondent fails to file a return, the The period of appeal shall be five (5) working days from the date of notice of
court, justice or judge shall proceed to hear the petition ex parte, granting the judgment or final order.
the petitioner such relief as the petition may warrant unless the court in its
discretion requires the petitioner to submit evidence. The appeal shall be given the same priority as in habeas
corpus and amparo cases.
SEC. 15. Summary Hearing. - The hearing on the petition shall be summary.
However, the court, justice or judge may call for a preliminary conference to SEC. 20. Institution of Separate Actions. - The filing of a petition for the writ
simplify the issues and determine the possibility of obtaining stipulations of habeas data shall not preclude the filing of separate criminal, civil or
and admissions from the parties. administrative actions.

SEC. 16. Judgment. - The court shall render judgment within ten (10) days SEC. 21. Consolidation. - When a criminal action is filed subsequent to the
from the time the petition is submitted for decision. If the allegations in the filing of a petition for the writ, the latter shall be consolidated with the
petition are proven by substantial evidence, the court shall enjoin the act criminal action.
complained of, or order the deletion, destruction, or rectification of the
erroneous data or information and grant other relevant reliefs as may be When a criminal action and a separate civil action are filed subsequent to a
just and equitable; otherwise, the privilege of the writ shall be denied. petition for a writ of habeas data, the petition shall be consolidated with
the criminal action.
Upon its finality, the judgment shall be enforced by the sheriff or any lawful
officers as may be designated by the court, justice or judge within five (5) After consolidation, the procedure under this Rule shall continue to govern
working days. the disposition of the reliefs in the petition.

SEC. 17. Return of Service. - The officer who executed the final judgment SEC. 22. Effect of Filing of a Criminal Action. - When a criminal action has
shall, within three (3) days from its enforcement, make a verified return to been commenced, no separate petition for the writ shall be filed. The relief
the court. The return shall contain a full statement of the proceedings under under the writ shall be available to an aggrieved party by motion in the
the writ and a complete inventory of the database or information, or criminal case.
documents and articles inspected, updated, rectified, or deleted, with
copies served on the petitioner and the respondent. The procedure under this Rule shall govern the disposition of the reliefs
available under the writ of habeas data.
The officer shall state in the return how the judgment was enforced and
complied with by the respondent, as well as all objections of the parties SEC. 23. Substantive Rights. - This Rule shall not diminish, increase or
regarding the manner and regularity of the service of the writ. modify substantive rights.

SEC. 18. Hearing on Officer’s Return. - The court shall set the return for SEC. 24. Suppletory Application of the Rules of Court. - The Rules of Court
hearing with due notice to the parties and act accordingly. shall apply suppletorily insofar as it is not inconsistent with this Rule.

SEC. 19. Appeal. - Any party may appeal from the final judgment or order to SEC. 25. Effectivity. - This Rule shall take effect on February 2, 2008,
the Supreme Court under Rule 45. The appeal may raise questions of fact or following its publication in three (3) newspapers of general circulation.
law or both.
G. CHANGE OF NAME AND CANCELLATION AND CORRECTION OF CIVIL Go Chiung Beng v. Republic (1972)
ENTRIES (RULE 103, 108, AND RA 9048)
All aliases of the applicant must be set forth in the petition’s title. Such
DISTINCTIONS BETWEEN THE RULES (103, 108, R.A. 9048) See Annex B. defect is fatal, even if said aliases are contained in the body of the petition.

GROUNDS FOR CHANGE OF NAME [Republic v. Hernandez (1996)] Secan Kok v. Republic (1973)

Valid Grounds for Change of Name A change of name granted by the court affects only a petitioner. A separate
petition for change of name must be filed for his/her spouse and children.
(1) The name is ridiculous, tainted with dishonor or extremely difficult to
write or pronounce. Silverio v. Republic (2007)
(2) Change results as a legal consequence of legitimation A person’s first name cannot be changed on the ground of sex
(3) The change will avoid confusion. reassignment. RA 9048 does not sanction a change of first name on the
(4) A sincere desire to adopt a Filipino name to erase signs of former ground of sex reassignment. Before a person can legally change his given
alienage [Ang Chay v. Republic, 1970] name, he must present proper or reasonable cause or any compelling
(5) Having continuously used and been known since childhood by a reason justifying such change. In addition, he must show that he will be
Filipino name, having been unaware of alien parentage [Uy v.Republic, prejudiced by the use of his true and official name. Silverio failed to show,
1965] or even allege, any prejudice that he might suffer as a result of using his
true and official name. Rather than avoiding confusion, changing
Laperal v. Republic (1962) petitioner’s first name may only create grave complications in the civil
registry and the public interest.
Legal separation is not a ground for the female spouse to apply for a
change of name under Rule 103. No law allows the change of entry in the birth certificate as to sex on the
ground of sex reassignment. RA 9048 only allows correction of clerical or
No Yao Siong v. Republic (1966) The name that can be changed is the name
typographical errors. A correction in the civil registry involving the change
that appears in the civil register, and not in the baptismal certificate or that
of sex is not a mere clerical or typographical error. The birth certificate of
which the person is known in the community.
petitioner contained no error. All entries therein, including
those corresponding to his first name and sex, were all correct. No
Ong Huan Tin v. Republic (1967) An alien may petition for change of name correction is necessary.
but he must be domiciled in the Philippines.
People v. Cagandahan (2008)
Oshito v. Republic (1967)
Intersexuality is a valid ground for change of name and change of entry of
Verification is a formal, not a jurisdictional, requirement. The lack of sex in the civil registry. Where the person is biologically or naturally
verification is not a ground for dismissing the petition. However, before intersex the determining factor in his gender classification would be what
setting the petition for hearing, the court should have required the the individual, having reached the age of majority, with good reason, thinks
petitioner to have the petition verified. of his sex. Sexual development in cases of intersex persons makes the
gender classification at birth inconclusive. It is at maturity that the gender
of such persons is fixed.
 Entries:
Failure to implead the local civil registrar as well as all persons who have or
(1) Births
claim any interest did not render the petition fatally defective. Cagandahan
(2) Marriage
furnished the local civil registrar a copy of the petition, the order to publish,
(3) Deaths
and all pleadings, orders or processes in the course of the proceedings.
There was therefore substantial compliance of the provisions of Rules 103 (4) Legal separations
and 108 of the Rules of (5) Judgments of annulments of marriage
(6) Judgments declaring marriages void from the beginning
(7) Legitimations
(8) Adoptions
Court Procedure: (9) Acknowledgments of natural children
(1) Petition for Change of Name (10)Naturalization
(2) Court order fixing the date and place of hearing (11)Election, loss or recovery of citizenship
(3) Publication of the court order fixing the date and place of hearing, at (12)Civil interdiction
least once a week for 3 consecutive weeks in a newspaper of general (13)Judicial determination of filiation
circulation. (14)Voluntary emancipation of a minor (15) Changes of name [Rule 108,
(4) Hearing on the petition Sec.2]
(5) Judgment granting/denying the change of name. Copy of the judgment
shall be served upon the civil registrar, who shall annotate the same. Such changes have public interest implications and must only be made
upon approval of the
B.CANCELLATION AND CORRECTION OF CIVIL ENTRIES Court.

Proceedings for cancellation or correction of entries in the Civil Registry

may be: Cancellation or correction of substantial errors is allowed provided
(1) Summary – when the correction sought to be made is a mere clerical proceeding is adversary.
error (now governed by RA 9048) [Chiao Ben Lim v. Zosa (2004)]
(2) Adversarial – where the rectification affects civil status, citizenship or
nationality of a party or any other substantial change.
Appropriate adversary proceeding
Substantial Change – change that affects the civil status, citizenship, or One where the trial court has conducted proceedings where all relevant
nationality of a party. facts have been fully and properly developed, where opposing counsel
have been given opportunity to demolish the opposite party’s case, and
where the evidence has been thoroughly weighed and considered. [Elosida
A. ENTRIES SUBJECT TO CANCELLATION OR CORRECTION IN
v. Local Civil Registrar of
RELATION TO R.A. 9048
Quezon City (2002)]
Rule 108: Substantial changes in entries in the civil registry
 Clerical or typographical error: A mistake committed in the performance of
Parties – a) Civil registrar and b) all persons who have or claim any interest clerical work in writing, copying, transcribing or typing an entry in the civil
which would be register that:

affected are made parties [Rule 108, Sec. 3] (1) Is harmless and innocuous.
(2) Is visible to the eyes or obvious to the understanding (Patent)
(3) Can be corrected or changed only by reference to other existing record
Notice and publication – Reasonable notice to be given to the persons
or records
named in the petition, and publication once a week for 3 consecutive
(4) Does not involve the change of nationality, age, status or sex of the
weeks [Rule 108, Sec. 4]
petitioner. [Sec. 2(3), RA 9048, as amended]
Opposition
The procedure recited in Rule 103 regarding change of name and in Rule
Period to file:15 days from notice of petition, or from last date of
108 concerning the cancellation or correction of entries in civil registry are
publication of notice [Rule 108, Sec. 5]
separate and distinct. They may not be substituted one for the other. If
both reliefs are to be sought in the same proceedings all the requirements
May be filed by: of Rule 103 and 108 must be complied with. [Republic v. Valencia (1986))

(1) Civil registrar or H. ABSENTEES (RULE 107)

(2) Any person having or claiming any interest under the entry whose
cancellation or correction is sough. PROCEDURE FOR DECLARATION OF
ABSENCE UNDER RULE 107
RA 9048, AS AMENDED BY RA 10172
Clerical or Typographical Errors
Petition for declaration of absence

General Rule: Entry in a civil register shall be changed or corrected with a

judicial order.
Court order fixing the hearing for petition

Exception:

(1) Clerical or typographical errors and Notice and publication of the notice of hearing

(2) Change of first name or nickname, the day and month in the date of
birth or sex of a person where it is patently clear that there was a
Hearing and appointment of administrator/trustee
clerical or typographical error or mistake in the entry, which can be
corrected or changed by the concerned city or municipal civil registrar
or consul general in accordance with the provisions of this Act and its Termination of administration/trusteeship
implementing rules and regulations.
[Sec. 1, RA 9048, as amended]

SCOPE AND APPLICABILITY

 1) Heirs instituted in a will;
• Rule 107 is proper only where the absentee has properties to be 2) Relatives who will succeed by intestacy;
administered. [Regalado] 3) Those who have some (over the absentee’s property) subordinated to
• Rationale: The declaration of absence made according to CC has the the condition of his death.
sole purpose of enabling the taking of necessary precautions for the
administration of the absentee’s estate. [Jones v. Hortiguela (1937)] PETITION’S CONTENTS [Rule 107, Sec. 3]
• Note: However, Art. 41-43, FC and Rule 131, Sec. 3 (w)(4) provide that if
1) Jurisdictional facts;
the spouse was absent for 4 or 2 years and the spouse present has a
2) Names/ages/residences of:
well-founded belief that the absent spouse is already dead, the spouse
present must institute a summary proceeding for the declaration of a) Heirs instituted in the will;
presumptive death, for purposes of contracting a subsequent marriage. b) Relatives who would succeed by intestacy;
[Regalado] 3) Names/residences of creditors and others who may have any adverse
interest over the absentee’s property;
APPOINTMENT OF A REPRESENTATIVE 4) Absentee’s properties.

[Rule 107, Sec. 1; Art. 381, CC]

NOTICE AND PUBLICATION [Rule 107, Sec.
• If a person disappears from his domicile, his whereabouts is unknown, 4]
and there is no agent left to administer his property or the agent’s
power has expired, any interested party may petition for the • When a petition is filed, the court shall fix the hearing’s date and place.
appointment of the absentee’s representative. • Copies of the notice of hearing shall be served upon the known
interested persons, at least 10 days before the hearing.
PETITION FOR DECLARATION OF • Publish the notice of hearing once a week for 3 consecutive weeks
ABSENCE AND APPOINTMENT OF before the hearing, in a newspaper of general circulation in the
ADMINISTRATOR/TRUSTEE province/city where the absentee resided.

WHEN TO PETITION [Rule 107, Sec. 2; Art. 384, CC] HEARING

1) After 2 years:
• Anyone appearing to contest the petition shall state his grounds in
a) from the disappearance and without any news about the absentee; writing, and serve a copy on the other interested parties on or before
or the hearing. [Rule 107, Sec. 5]
b) since the receipt of the last news about him; • Upon proof of notice, publication and the petition’s allegations, the
2) After 5 years, if he left an administrator of his property. court shall grant the petition and appointing the absentee’s
representative/trustee/administrator. [Rule 107, Sec. 6]
WHO MAY PETITION [Rule 107, Sec. 2; Art. 385,CC] • The court shall safeguard the absentee’s rights and interests and shall
specify the representative/trustee/administrator’s powers, obligations
1.) Spouse present; and remuneration, regulating them by the rules on guardians. [Rule
107, Sec. 6; Art. 382, CC]
• Declaration of absence takes effect 6 months after its publication in a
newspaper of general circulation and in the OG. [Rule 107, Sec. 6; Art.
386, CC]

WHO MAY BE APPOINTED

REPRESENTATIVE/ADMINISTRATOR/TRUSTEE [Rule 107, Sec. 7; Art. 383, CC]
1) The spouse present is preferred; • Exception: If there is legal
separation.
2) If the absentee has no spouse, or the spouse is a
minor/incompetent, any competent person

TERMINATION

GROUNDS FOR TERMINATION [Rule 107, Sec. 8]

1) If the absentee appears personally or by agent;

2) If absentee’s death is proved and heirs appear;
3) If a 3rd person appears, showing by a proper document that he has
acquired the absentee's property by title.

• Administrator/trustee shall cease in the performance of his office,

and the property shall be placed at the disposal of those who may have
a right to it.
______________________________________________________________

NOTHING FOLLOWS….

*KAYA NATIN TO TIWALA LANG PAPASA TAYO YOOOOO!!!!!!!!

- San Pedro, Jairus Nicolo R. (2018)