UPDATED SYLLABUS : REMEDIAL LAW

(2nd sem. 2020-2021)

I. General Principles
A. Concept of Remedial Law

B. Substantive Law as Distinguished from Remedial

Law

C. Rule-making Power of the Supreme Court

1. Limitations on the rule-making power of the Supreme
Court

2. Power of the Supreme Court to amend and suspend

procedural rules

D. Nature of Philippine Courts

1. Meaning of a court

2. Court as distinguished from a judge

3. Classification of Philippine courts

4. Courts of original and appellate jurisdiction

5. Courts of general and special jurisdiction

6. Constitutional and statutory courts

7. Courts of law and equity

8. Principle of judicial hierarchy

9. Doctrine of non-interference or doctrine of judicial

stability
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II. Jurisdiction
A. Classification of Jurisdiction
1. Distinguish: original and appellate

2. Distinguish: general and special

3. Distinguish: exclusive and concurrent

B. Doctrines of Hierarchy of Court and Continuity of

Jurisdiction

❖ Case: ST. MARTIN’S FUNERAL HOMES VS. NLRC, G.R. No. 130866,
September 16, 1998, 295 SCRA 494

C. Jurisdiction of Courts
1. Supreme Court

2. Court of Appeals

3. Court of Tax Appeals

4. Sandiganbayan

5. Regional Trial Courts

6. Family Courts

7. Metropolitan Trial Courts/Municipal Trial Courts

8. Shariah Courts

D. Aspects of Jurisdiction
1. Jurisdiction over the parties

a. How jurisdiction over the plaintiff is acquired

b. How jurisdiction over the defendant is acquired

2. Jurisdiction over the subject matter

a. Meaning of jurisdiction over the subject matter
b. Distinguish: jurisdiction and exercise of jurisdiction
c. How jurisdiction is conferred and determined
d. Distinguish: doctrine of primary administrative
jurisdiction and doctrine of exhaustion of
administrative remedies
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e. Doctrine of adherence of jurisdiction

f. Objections to jurisdiction over the subject matter
g. Effect of estoppel on objection to jurisdiction

3. Jurisdiction over the issues

4. Jurisdiction over the res or property in litigation

5. Jurisdiction over the remedies

E. Distinguish: error of jurisdiction and error of

judgment

F. Distinguish: jurisdiction and venue

G. Jurisdiction over small claims, cases covered by

the rules on Summary Procedure and Barangay
Conciliation

H. Totality Rule

❖ Case: Fausto, et al. vs. Multiagri-Forest And

Community Development Cooperative, G.R. No.
213939, October 12, 2016

I. Actions Incapable of Pecuniary Estimation

❖ Case: First Sarmiento Property HOLDINGS, Inc. vs.

Philippine Bank of Communications, G.R. No. 202836,
June 19, 2018
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III. Civil Procedure

A. General Provisions

B. Actions
1. Meaning of ordinary civil actions

2. Meaning of special civil actions

3. Meaning of criminal actions

4. Civil actions versus Special proceedings

5. Personal actions and real actions

6. Local and transitory actions

7. Actions in rem, in personam and quasi in rem

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C. Cause of Action
1. Meaning of cause of action

❖ Case: HEIRS OF SATRAMDAS V. SADHWANI AND KISHNIBAI S.

SADHWANI, REPRESENTED BY RAMCHAND S. SADHWANI AND
RAJAN S. SADHWANI, PETITIONERS, V. GOP S. SADHWANI AND
KANTA G. SADHWANI, UNION BANK OF THE PHILIPPINES,
PHILIPPINE SAVINGS BANK, AND REGISTER OF DEEDS OF
MAKATI, RESPONDENTS, G.R. No. 217365, August 14, 2019

2. Right of Action versus Cause of action

3. Failure to state a cause of action and lack of cause of

action

4. Test of the sufficiency of a cause of action

5. Splitting a single cause of action and its effects

6. Joinder and misjoinder of causes of action

D. Parties to Civil Actions

1. Real Parties in interest; Indispensable parties;
Representatives as parties; Necessary parties; Indigent
Parties; Alternative defendants

❖ Case: Oposa vs. Factoran, G.R. No. 101083, July 30, 1993

2. Compulsory and permissive joinder of parties

3. Misjoinder and non-joinder of parties

4. Class Suit

5. Suits against entities without juridical personality

6. Effect of death of party litigant

❖ Case: CARDENAS VS. AGUILAR, G.R. No. 191079, March 02, 2016
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E. Venue
1. Venue of real actions

2. Venue of personal actions

3. Venue of actions against non-residents

4. When the Rules on Venue Do not Apply

5. Effects of Stipulations on Venue

❖ Case:
• Unimasters Conglomeration, Inc. vs. Court of Appeals, G.R. No.
119657, February 7, 1997, 267 SCRA 759.

• HYGIENIC PACKAGING CORPORATION, PETITIONER, VS. NUTRI-

ASIA, INC., DOING BUSINESS UNDER THE NAME AND STYLE OF
UFC PHILIPPINES (FORMERLY NUTRI-ASIA, INC.), RESPONDENT.
[ G.R. No. 201302, January 23, 2019 ]

F. Pleadings
1. Kinds of Pleadings

a. Complaint

b. Answer

(1) Negative defenses

(2) Affirmative defenses

❖ Cases:
▪ Valencia vs. Court of Appeals, G.R. No. 111401, October 17, 1996,
263 SCRA, 275 (litis pendentia)
▪ Republic vs. Yu, G.R. No. 157557, March 10, 2006, 484 SCRA 416,
420 (res judicata)
▪ Philippine National Bank vs. Sia and Ngo, G.R. No. 165836,
February 18, 2009 (conclusiveness of judgment)
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(3) Negative pregnant

b) Counterclaims

(1) Compulsory counterclaim

(2) Permissive counterclaim

(3) Effect on the Counterclaim when the

complaint is dismissed

c) Cross-claims

d) Third (fourth, etc.) party complaints

e) Complaint-in-intervention

f) Reply

g) Extensions of time to file

2. Pleadings allowed in small claim cases and cases

covered by the Rules on Summary Procedure

3. Parts of a pleading

a. Caption

b. Signature and address

c. Verification

d. Certification against forum shopping

e. Contents of a Pleading
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❖ Case: BF CITILAND CORPORATION VS. BANGKO CENTRAL

NG PILIPINAS, G.R. NO. 224912, OCTOBER 16, 2019

4. Allegations in a pleading

a. Manner of making allegations

(1) Condition precedent

(2) Fraud, mistake, malice, intent,

knowledge and other condition of the mind,
judgments, official documents or acts

b. Pleading an actionable document

c. Specific denials

(1) Effect of failure to make specific denials

(2) When a specific denial requires an oath

d. Affirmative defenses

❖ Case: PNB VS. ABELLO ET. AL, G.R. NO. 242570, SEPTEMBER 18,
2019 (failure to state a cause of action vs. lack of cause of action)

5. Effect of failure to plead

a. Failure to plead defenses and objections

b. Failure to plead a compulsory counterclaim and
cross-claim
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6. Default

a. When a declaration of default is proper

b. Effect of an order of default

c. Relief from an order of default

d. Effect of a partial default

e. Extent of relief

f. Actions where default are not allowed

❖ Case: MOMARCO IMPORT COMPANY, INC., PETITIONER, VS.

FELICIDAD VILLAMENA, RESPONDENT. [ G.R. No. 192477,
July 27, 2016 ]

7. Filing and Service of pleadings, judgments, final

orders and resolutions

a. Payment of docket fees

❖ Cases: Batallan vs. Court of Appeals, 125683, March 2, 1999, 304

SCRA 34. (summarizes the rules on payment of docket fees)

b. Filing versus service of pleadings

c. Periods of filing of pleadings

d. Manner of filing
(1) Personal filing
(2) Filing by registered mail
(3) Filing by accredited courier
(4) Transmittal by electronice mail of other
electronic means

e. Modes of service

(1) Personal service

(2) Service by registered mail

(3) Substituted by accredited courier

(4) Service by electronic mail, facsimile
transmission, or other electronic means
(5) Service as provided for in international
conventions
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f. Service of Judgments, final orders or resolutions;

service of court-issued orders and other
documents
g. Conventional service or filing or orders, pleadings,
and other documents
h. When service is deemed complete
i. Proof of filing and service

8. Amendment
a. Amendment as a matter of right
b. Amendments by leave of court
c. Formal amendment
d. Effect of amended pleading
e. Supplemental pleadings

B. Summons
1. Nature and purpose of summons

a. In relation to actions in personam, in rem and quasi

in rem
b. When summons are issued
c. Contents of summons
d. Duty of counsel
e. Return

2. Voluntary appearance

❖ Case: VILLONGCO, ET AL. VS. YABUT, G.R. No. 225022,

February 05, 2018

3. Who may serve summons

4. Personal service

5. Substituted service

6. Constructive Service
a. Service upon a defendant where his identity is
unknown or where his whereabouts are unknown

b. Service upon residents temporarily outside the

Philippines

7. Extraterritorial Service

❖ Case: ARRIETA VS. ARRIETA, G.R. No. 234808, November 19,

2018
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8. Service upon prisoners and minors; upon spouses

9. Service upon domestic or foreign private juridical
entities
10. Proof of service
11. Notice of Lis Pendens

❖ Case: Conrado, et al. v. Court of Appeals, et al., G.R. No.

142406, May 16, 2005
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C. Motions
1. Motions in general

a. Definition of a motion

b. Motions versus pleadings

c. Contents and form of motions

d. Litigious and non-litigious motions; when notice of

hearing necessary

e. Omnibus motion rule

f. Prohibited Motions

2. Motions for Bill of Particulars

a. Purpose and when applied for

b. Actions of the court

c. Compliance with the order and effect of

noncompliance

d. Effect on the period to file a responsive pleading

D. Dismissal of Actions
1. Dismissal with prejudice

2. Dismissal upon notice by plaintiff; Two-dismissal rule

3. Dismissal upon motion by plaintiff; effect on existing

counterclaim

4. Dismissal due to the fault of plaintiff

❖ Case: People v. Belosillo., Dec. 27, 1963

5. Dismissal of counterclaim, cross-claim or third-party

complaint
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E. Pre-trial
1. Concept of pre-trial

2. Nature purpose

3. Notice of pre-trial

4. Appearance of parties; effect of failure to appear

5. Pre-trial brief; effect of failure to appear

6. Distinction between pre-trial in civil case and pre-trial in

criminal case

7. Court Annexed Mediation - A.M. No. 01-10-5-SC-PHILJA,

0ctober 16, 2001

8. Alternative Dispute Resolution (ADR)

a. Special Rules of Court on ADR (A.M. No. 07-11-08-SC)

F. Intervention
1. Requisites for intervention

2. Time to intervene

3. Remedy for the denial of motion to intervene

❖ Case: Batama Farmer’s Coop., Mktg., Ass. Et al. v. Rosal, et al., 42

SCRA 408
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G. Suboena
1. Subpoena duces tecum

2. Subpoena ad testificandum

3. Service of subpoena

4. Compelling attendance of witnesses; Contempt

5. Quashing of subpoena

H. Computation of Time

I. Modes of Discovery
1. Depositions pending action; Depositions before action or
pending appeal

a. Meaning of deposition

b. Uses & Scope of examination

c. When may objections to admissibility be made

d. When may taking of deposition be terminated or its

scope limited

2. Written interrogatories to adverse parties

a. Consequences of refusal to answer

b. Effect of failure to serve written interrogatories

❖ Case: PEOPLE OF THE PHILIPPINES VS. MARIA CRISTINA P.

SERGIO AND JULIUS L. LACANILAO, G.R. NO. 240053, OCTOBER 9,
2019
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3. Request for Admission

a. Implied admission by adverse party

b. Consequences of failure to answer request for

admission

c. Effect of admission

d. Effect of failure to file and serve request for admission

4. Production or inspection of documents or things

5. Physical and mental examination of persons

6. Consequences of refusal to comply with modes of

discovery

J. Trial
1. Adjournments and postponements

2. Requisites of motion to postpone trial

a. for absence of evidence
b. for illness of party or counsel

3. Agreed statement of facts

4. Order of trial; reversal of order

❖ Case: Yu v. Mapayo, G.R. No. 29742, March 29, 1972, 44 SCRA 163
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5. Consolidation or Severance of hearing or trial

6. Delegation of reception of evidence

7. Trial by commissioners
a. Reference by consent or ordered on motion
b. Powers of the commissioner
c. Commissioner’s report; notice to parties and hearing
on the report

K. Demurrer to Evidence
1. Ground

2. Effect of denial

3. Effect of grant

4. Waiver of right to present evidence

5. Action on demurrer to evidence

6. Demurrer to evidence in a civil case versus demurrer

to evidence in a criminal case

L. Judgments and Final Orders

1. Judgment after pre-trial

2. Judgment without trial

3. Judgment on the pleadings

❖ Case: Sps. Hontiveros v. Regional Trial Court of Iloilo, Br. 25,

G.R. No. 125465, June 29, 1999, 309 SCRA 340.

4. Summary judgments

a. for the claimant

b. for the defendant

c. when the case not fully adjudicated

d. affidavits and attachments

❖ Case: Velasquez v. Court of Appeals, G.R. No. 124049, June 30,

1999, 309 SCRA 539. (Difference between judgment on the pleadings
and summary judgment.)
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5. Judgment on the pleadings versus summary

judgments

6. Contents of a judgment

7. Rendition of judgments and final orders

8. Entry of judgment and final order

M. Post Judgment Remedies

1. Motion for new trial or reconsideration
a. Grounds
b. When to file
c. Denial of motion; effect
d. Grant of the motion; effect
e. Remedy if motion is denied, fresh 15-day period
rule
❖ Cases:
• Habaluyas Enterprises, Inc. v. Japson, G.R. No. 70895, May 30,
1986, 142 SCRA 208.
• Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005,
469 SCRA 633

2. Appeals in General
a. Judgments and final orders subject of appeal

❖ Case:

• Investments, Inc. v. CA, et al., G.R. No. 60036, Jan. 27, 1987
(interlocutory final order);
• De La Cruz v. Paras, G.R. No. 41053, February 27, 1976, 69 SCRA 556
• Accessories Specialist Inc. v. Alabanza, G.R. No. 168985, July 23,
2008, 559 SCRA 550. (Perfection of an appeal in the manner and
within the period laid down by law is not only mandatory but
also jurisdictional.)

b. Matters not appealable

c. Remedy against judgments and orders which are
not appealable
d. Modes of appeal
1) Ordinary appeal
2) Petition for review
3) Petition for review on certiorari
e. Issues to be raised on appeal
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f. Period of appeal
g. Perfection of appeal

❖ Cases:
• Neypes vs. Court of Appeals, G.R. No. 141524. September 14,
2005.

• Samiran vs. Damaso, et al., G.R. No. 162518, August 19, 2009.

h. Appeals from judgments or final orders of the

Metropolitan Trial Courts/Municipal Trial
Courts/Municipal Trial Courts in
Cities/Municipal Circuit Trial Courts
i. Appeals from judgment or final orders of the
Regional Trial Courts

❖ Case: Five Star Marketing Co., Inc., etc. vs. Booc, G.R. No. 14333`,
October 5, 2007.

j. Appeal from judgments or final orders of the CA

❖ Case: Posadas-Moya v. Greenfield Development Corp., G.R. No.

141115, June 10, 2003
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k. Appeals from judgment or final orders of the

Sandiganbayan

l. Appeal from judgments or final orders of the CTA

m. Review of final judgments or final orders of the

COA

n. Review of final judgments or final orders of the

COMELEC

o. Review of final judgments or final orders of the

CSC

p. Review of final judgments or final orders of the

Ombudsman

q. Review of final judgments or final orders of the

NLRC

r. Review of final judgments or final orders of quasi-

judicial agencies

3. Relief from judgments, orders and other proceedings

❖ Cases:

• Spouses Mesina v. Meer, G.R. No. 146845, July 21, 2002;

• Philadelphia Agan v. Hrs. of Sps. Nueva, G.R. No. 155018,

Dec. 11, 2003

a. Grounds for availing of the remedy

b. Time to file petition
c. Contents of petition

4. Annulment of Judgments or final orders and resolutions

a. Grounds for annulment
b. Period to file action
c. Effects of judgment of annulment

❖ Case: Heirs of Maura So , et c. vs. Obliosca, et al., G.R. No. 147082,

January 28, 2008
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5. Collateral attack of judgments

S. Execution, Satisfaction and Effect of Judgments

1. Difference between finality of judgment for purposes of
appeal; for purposes of execution

2. When execution shall issue

a. Execution as a matter of right

b. Discretionary execution

3. How a judgment is executed

a. Execution by motion or by independent action

❖ Case: MARIA PEREZ VS. MONTOK REALTY, INC., G.R. NO. 216157,
OCTOBER 14, 2019

b. Issuance and contents of a writ of execution

c. Execution of judgments for money

d. Execution of judgments for specific acts

e. Execution of special judgments

f. Effect of levy on third persons

4. Properties exempt from execution

5. Proceedings where property is claimed by third persons; in
relation to third party claim in attachment and replevin
6. Rules of redemption
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7. Examination of Judgment Obligor When Judgment is

unsatisfied

8. Examination of Obligor of Judgment Obligor

9. Effect of Judgment or Final Orders

10. Enforcement and Effect of Foreign Judgments or Final

Orders

II. Provisional Remedies

DIFFERENT PROVISIONAL REMEDIES

I. Under the 1997 Revised Rules of Court:
A. In Civil Cases
1. Attachment (Rule 57)

2. Preliminary Injunction and Temporary Restraining Order

(Rule 58)

3. Receivership (Rule 59)

4. Replevin or delivery of private property (Rule 60)

5. Support Pendente Lite (Rule 61)

B. In Criminal Cases (Rule 127)

The provisional remedies in civil actions, insofar as they are

applicable,

may be availed of in connection with the civil action deemed

instituted with

the criminal action5

II. Under Special Laws

A. Temporary Protection Order under the Anti Violence Against

Women and

their Children Act (Republic Act No. 9262)

B. Provisional Remedies under the Human Security Act of 1997

(Rep. Act
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No. 9372)

1. Inspection, Examination of Accounts and Freeze Order

2. Seizure and Sequestration of Accounts and Assets

3. Restriction of Travel

C. Protective Order under the Anti-Child Pornography Act of

2009 (Rep. Act

No. 9775)

D. Freeze Order under the Anti-Money Laundering Act of 2001

(Rep. Act No.

9194) as Amended by Rep. Act No. 9160

E. Protection Orders for victims and witnesses under the

Philippine Act on

Crimes Against International Humanitarian Law, Genocide, and

Other

Crimes Against Humanity (Rep. Act No. 9851)

5 REVISED RULES OF CRIMINAL PROCEDURE, Rule 127,

Sec. 1.

PROVISIONAL REMEDIES

C-3

III. Under other Supreme Court Issuances

A. Provisional Remedies under the Rule on the Writ of Amparo

(A.M. No. 07-

9-12-SC)

1. Temporary Protection Order

2. Inspection Order

3. Production Order

4. Witness Protection Order

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B. Provisional Remedies under the Rule on Corporate

Rehabilitation (A.M.

No. 00-8-10 SC)

1. Stay Order

2. Receivership

C. Provisional Remedies under the Rule on Provisional Orders

(A.M. No. 02-

11-12-SC)

1. Spousal Support

2. Child Support

3. Child Custody

4. Visitation Rights

5. Hold Departure Order

6. Order of Protection

7. Administration of Common Property

D. Provisional Remedies under the Rule on Involuntary

Commitment of

Children (A.M. 02-1-19)

1. Guardian Ad Litem of a Child

PROVISIONAL REMEDIES

C-4

2. Temporary Custody of a Child

E. Provisional remedies under the Rules of Procedure for

Environmental

Cases (A.M. 09-6-8-SC)6

F. Hold Departure Order in Criminal Cases

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A. Nature of provisional remedies

B. Jurisdiction over provisional remedies

C. Preliminary Attachment
1. Grounds for issuance of writ of attachment
2. Requisites
3. Issuance and contents of order of attachment; affidavit
and bond
4. Rule on prior or contemporaneous service of
summons
5. Manner of attaching real and personal property;
when property attached is claimed by third person
6. Discharge of attachment and the counter-bond
7. Satisfaction of judgment out of property attached
8. Compared with garnishment and levy on execution

❖ Case:

• Filinvest Credit Corp. v. Relova, et al., G.R. No. 50378,

Sept. 30, 1982;
• Biaco v. Philippine Country Side Rural Bank, G.R. No.
161417, February 8, 2007, 515 SCRA 106.

D. Preliminary Injunction
1. Definitions and Differences: Preliminary Injunction and
Temporary Restraining Order
2. Requisites

❖ Case: DPWH VS. CITY ADVETISING VENTURES CORPORATION,

G.R. No. 182944, November 09, 2016
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3. Kinds of Injunction
4. When writ may be issued
5. Grounds for issuance of preliminary injunction
6. Grounds for objection to, or for the dissolution of
injunction or restraining order
7. Duration of TRO
8. In relation to RA 8975, Ban on issuance of TRO or Writ of
Injunction in cases involving government infrastructure
projects
9. Rule on prior or contemporaneous service of summons in
relation to attachment

E. Receivership
1. Cases when receiver may be appointed
2. Requisites
3. Requirements before issuance of an Order
4. General powers of a receiver
5. Two (2) kinds of bonds
6. Termination of receivership

F. Replevin
1. When may writ be issued
2. Requisites
3. Affidavit and bond; Redelivery Bond
4. Sheriff’s duty in the implementation of the writ; when
property is claimed by third party

III. Special Civil Actions

The special civil actions are:

A. Interpleader (Rule 62);

B. Declaratory Relief (Rule 63);

C. Certiorari (Rule 65);

D. Prohibition (Rule 65);

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E. Mandamus (Rule 65) and Continuing Mandamus;2

F. Quo Warranto (Rule 66);

G. Expropriation (Rule 67);

H. Foreclosure of Real Estate Mortgage (Rule 68);

I. Partition (Rule 69);

J. Forcible Entry and Unlawful Detainer (Rule 70);

K. Contempt (Rule 71); and

L. Writ of Kalikasan.

A. Nature of special civil actions

B. Ordinary civil actions versus special civil actions

C. Jurisdiction and venue

D. Interpleader
1. Requisites for interpleader
2. When to file

❖ Case: Beltran v. PHHC, L-25138, Aug. 28, 1969

E. Declaratory Reliefs and Similar Remedies

❖ Case: FALCIS VS. CIVIL REGISTRAR GENERAL, G.R. NO. 217910,

September 3, 2019 (remedy to question constitutionality of a law)

1. Who may file the action

2. Requisites of action for declaratory relief

3. When court may refuse to make judicial declaration

4. Conversion to ordinary action

❖ Case: Adlawan, et al. v. The Intermediate Appellate Court, et al.,

G.R. No. 73022 February 9, 1989,170 SCRA 165
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5. Proceedings considered as similar remedies

a. Reformation of an instrument
b. Consolidation of ownership
c. Quieting of title to real property

F. Review of Judgments and Final Orders or Resolution of the

COMELEC and COA
1. Distinction in the application of Rule 65 to judgments of
the COMELEC and COA andthe application of Rule 65 to
other tribunals, persons and officers

G. Certiorari, Prohibition and Mandamus

❖ A.M. No. 07-7-12-SC.-AMENDMENTS IN OTHER RULES

AFFECTING CERTIORARI
1. Order denying motion for reconsideration or new trial not
subject
to certiorari. Under the amendment in Rule 41, Sec. 1, deleting
paragraph (a), which used to allow an order denying a Motion
for New by litigants to assail an order denying a motion for new
trial or reconsideration. Instead, a party has to wait for the
judgment and appeal therefrom, assigning as an error the
denial of his motion for reconsideration or new trial, pursuant to
Rule 37, Sec. 9. However, under Rule 41, an interlocutory order
may questionably still be the subject of a petition for certiorari,
the same not having been deleted from the enumeration in Rule
41, Sec. 1 where no appeal may be taken from the orders or
judgments listed therein.

2. Provisional remedies need not exclusively be sought under

Rule
65. Rule 45, Sec. 1,115 now allows a party who files a verified
petition
for review by certiorari with the Supreme Court under Rule 45,
to apply
for the issuance of a writ of preliminary injunction or any other
provisional remedy. A petitioner may also seek the same
provisional remedies, including a preliminary injunction, by
verified motion, at any time during the pendency of the appeal
to prevent unnecessary filing of certiorari petitions under Rule
65.
3. The higher court which issues an injunction to restrain
proceedings in a lower court or tribunal must resolve the
petition in six
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months. Rule 58, Sec. 5,116 on preliminary injunctions now

states that the
trial court, the Court of Appeals, the Sandiganbayan or the
Court of
Tax Appeals which issued a writ of preliminary injunction
against a
lower court, board, officer, or quasi-judicial agency, in a
certiorari
petition, shall decide the main case or the petition for certiorari
within
six (6) months from the issuance of the writ. This amendment
aims to prevent the stalling of proceedings in the principal case
and to discourage litigants from filing petitions for certiorari,
knowing that the principal case may only be suspended for a
period not exceeding six months, even when a preliminary
injunction is granted.
1. Definitions and distinctions
2. Requisites
3. When petition for certiorari, prohibition and mandamus is
proper

❖ Cases:

• Matute v. Macadaeg, et al., 99 Phil. 340 (errors of law v.

error of jurisdiction);

• Rocha v. Crossfield, 6 Phil. 355 (without jurisdiction;

excess of jurisdiction);

• Benito v. COMELEC, et al., G.R. No. 134913, Jan. 19, 2001

(grave abuse of discretion);

• Guevarra, et al. v. Sandiganbayan, G.R. No. 138792-804,

March 31, 2005

4. Injunctive relief
5. Distinguish: certiorari, appeal by certiorari, and Article
VIII, Section 1 of the Constitution

6. Distinguish: prohibition, mandamus and injunction

7. When and where to file petition
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8. Exceptions to filing of motion for reconsideration

before filing petition
9. Reliefs petitioner is entitled to
10. Acts or omissions of first level/Regional Trial Courts in
election cases
11. Where to file petition
12. Effects of filing of an unmeritorious petition

H. Quo Warranto
1. Distinguish from Quo Warranto under the Rules of
Court and quo warranto under the Omnibus Election
Code
2. When government commence an actionagainst
individuals or associations
2. When individual may commence an action
3. Judgment in Quo Warranto action
4. Rights of a person adjudged entitled to
public office
5. Limitations

❖ CASE: Rep. vs. Sereno, GR. No. 237428, May 11, 2018

I. Expropriation

1. Matters to allege in complaint for expropriation

2. Two stages in every action for expropriation
3. When plaintiff can immediately enter intopossession of
the real property, in relation to RA 8974
4. New system of immediate payment of initial just
compensation
5. Defenses and objections
6. Order of Expropriation
7. Ascertainment of just compensation

❖ Cases:

▪ Export Processing Zone Authority v. Dulay, et al., G.R. No.

59603, April 29, 1987;
▪ PNOC ALTERNATIVE FUELS CORPORATION VS. NATIONAL
GRID CORPORATION OF THE PHILIPPINES, G.R. No. 224936,
SEPTEMBER 4, 2019
 Page 30 of 60

8. Appointment of Commissioners; Commissioner’s report;

Court action upon commissioner’s report
9. Rights of plaintiff upon judgment and payment
10. Effect of recording of judgment

J. Foreclosure of Real Estate Mortgage

1. Kinds of foreclosure
a. Judicial foreclosure
b. Extrajudicial foreclosure
2. Need for special power of attorney
3. Authority to foreclose extrajudicially
4. Procedure
a. Where to file
b. Where to sell
c. Posting requirement
d. Publication requirement
(1) Sufficiency of newspaper publication
(2) Need for republication in case of postponement
(3) Personal notice to the mortgagor when and when
not needed
5. Possession by purchaser of foreclosed property
6. Remedy of debtor if foreclosure is not proper
7. Redemption
a. Who may redeem
b. Amount of redemption price
c. Period of redemption
d. Effect of pendency of action for annulment of sale
8. Writ of possession
a. Ministerial duty of the court
b. Enforcement against third parties
c. Pendency of action for annulment of sale
d. Annulment of sale

K. Partition
1. Who may file complaint; who should be made defendants

❖ Case: Sepulveda, Sr. v. Pelaez, G.R. No. 152195, January 31,

2005, 450 SCRA 302.
 Page 31 of 60

2. Matters to allege in the complaint for partition

3. Two (2) stages in every action for partition

4. Order of partition and partition by agreement
5. Partition by commissioners; Appointment of
commissioners, Commissioner’s report; Court action
upon commissioner’s report
6. Judgment and its effects
7. Partition of personal property
8. Prescription of action
9. When partition is not allowed

L. Forcible Entry and Unlawful Detainer

1. Definitions and Distinction

❖ Case: RHEMA INTERNATIONAL LIVELIHOOD FOUNDAITON,

INC., ET AL., VS. HIBIX, INC., G.R. NOS. 225353-54, AUGUST 28,
2019. (elements of forcible entry)

2. Distinguished from accion publiciana and accion

reinvindicatoria
3. How to determine jurisdiction in accion publiciana and
accion reinvindicatoria
4. Who may institute the action and when; against whom the
action may be maintained
5. Pleadings allowed
6. Action on the complaintWhen demand is necessary

7. Preliminary injunction and preliminary mandatory

injunction
8. Resolving defense of ownership
9. How to stay the immediate execution of judgment
10. Prohibited pleadings and motions

❖ Case: Mabanto vs. Mamerto, etc., A.M. No. MTJ-04-1533, January

28, 2008.
 Page 32 of 60

M. Contempt
1. Kinds of contempt
2. Purpose and nature of each
3. Remedy against direct contempt; penalty
4. Remedy against indirect contempt; penalty
5. How contempt proceedings are commenced
6. Acts deemed punishable as indirect contempt
7. When imprisonment shall be imposed
8. Contempt against quasi-judicial bodies

❖ Cases:
• Guillen v. Cañon, A.M. No. MTJ-01-1381, January 14, 2002;
• San Luis v. CA, G.R. No. 142649, September 13, 2001
• Arriola, et al. vs. Arriola, G.R. No. 177703, January 28, 2008
• Siy v. NLRC, et al., G.R. No. 158971, August 25, 2005

IV. Special Proceedings

1. Special proceedings under the Rules of Court

a) Settlement of estate of a deceased person;

b) Escheat;

c) Guardianship and custody of minor children;

d) Trustees;

e) Adoption and rescission and revocation of adoption;

f) Hospitalization of insane persons;

g) Habeas Corpus;

h) Change of Name;

i) Voluntary dissolution of corporations;

j) Judicial approval of voluntary recognition of minor natural children;

k) Constitution of a family home;

l) Declaration of absence and death;

m) Cancellation or correction of entries in the civil registry; and

 Page 33 of 60

n) Appeals in special proceedings

Special proceedings under various laws and Supreme Court Circulars

a) Petitions under the Family Courts Act19

1. Rule on Declaration of Absolute Nullity of Void Marriages and

Annulment of Voidable Marriages;

2. Rule on Legal Separation;

3. Rule on Provisional Orders;

4. Rule on Custody of Minor Children and Writ of Habeas Corpus in

Relation to Custody of Minor Children; and

5. Summary judicial proceedings under the Family Code

b) Proceedings for protection orders under the Violence Against Women and

Their Children Act

1. Rule on Violence Against Women and Their Children

c) Proceedings under the Arbitration Law27 and Alternative Dispute

Resolution Act

1. Arbitration; court-annexed mediation and judicial dispute resolution;

and court-annexed family mediation30

3. Special Proceedings under other Supreme Court Circulars

a) Petition for writ of amparo and

b) Petition for writ of habeas data

A. Settlement of Estate of Deceased Persons, Venue

and Process
1. Which court has jurisdiction

❖ Case: Pacioles v. Chuatoco-Ching, G.R. No. 127920, August 9, 2005

 Page 34 of 60

2. Venue in judicial settlement of estate

3. Extent of jurisdiction of Probate Court

❖ Cases:
• Puno v. Puno Enterprises, Inc., G.R. No. 177066,
September 11, 2009, 599 SCRA 585.
• Estate of Hilario Ruiz v. Court of Appeals, et.al., G.R.
No. 118671, January 29, 1996, 252 SCRA 541.
• Reyes v. Regional Trial Court of Makati, G.R. No.
165744, August 11, 2008, 561 SCRA 593.

4. Powers and duties of a probate court

B. Summary Settlement of Estates

1. Extrajudicial settlement by agreement between heirs,

when allowed

2. Two-year prescriptive period

3. Affidavit of Self-adjudication by sole heir

4. Summary settlement of estates of small value, when

allowed

5. Remedies of aggrieved parties after extra-judicial

settlement of estate

C. Production and Probate of Will

1. Nature of probate proceeding

2. Who may petition for probate; persons entitled to notice

D. Allowance or Disallowance of Will

1. Contents of petition for allowance of will

2. Grounds for disallowing a will

3. Reprobate; Requisites before will proved outside allowed

in the Philippines; effects of probate
 Page 35 of 60

❖ Case:

• Ajero v. Court of Appeals, G.R. No. 106720, September 15,

1994, 236 SCRA 488.

• Codoy v. Caluga, G.R. No. 123486, Aug. 12, 1999, if

holographic will is contested it is now mandatory that 3
witnesses who know the handwriting and signature of the
testator.

• Gan v. Yap, 104 Phil. 509)

E. Letters Testamentary and of Administration

1. When and To whom letters of administration granted

2. Order of preference

3. Opposition to issuance of letters testamentary;

simultaneous filing of petition for administration

4. Powers and duties of Executors and Administrators;

restrictions on the powers

4. Appointment of Special Administrator

5. Grounds for removal of administrator

F. Claims Against the Estate

1. Time within which claims shall be filed; exceptions

2. Statute of Non-claims

3. Claim of Executor or administrator against the Estate

4. Payment of Debts

G. Actions by and against Executors and Administrators

1. Actions that may be brought against executors and

Administrators
 Page 36 of 60

❖ Case: Hilado et. al., v. Court of Appeals, G.R. No. 164108, May
8, 2009, 587 SCRA 464.

2. Requisites before creditor may bring an action for

recovery of property fraudulently conveyed by the
deceased

H. Distribution and Partition

1. Liquidation

2. Project of Partition

3. Remedy of an heir entitled to residue but not given his

share
4. Instances when probate court may issue writ of execution

I. Trustees
1. Distinguished from executor/administrator

2. Conditions of the Bond

3. Requisites for the removal and resignation of a trustee

4. Grounds for removal and resignation of a trustee

5. Extent of authority of trustee

J. Escheat
1. When to file

2. Requisites for filing of petition

3. Remedy of respondent against petition; period for filing a

claim

K. Guardianship.
1. Venue
2. Appointment of guardians
3. General powers and duties of guardians
4. Rule on Guardianship over minor
 Page 37 of 60

AMENDMENT TO THE RULES OF COURT

A.M. No. 03-02-05-SC dated May 1, 2003 amends Rules

92 to 97 inclusive of the Rules of Court on guardianship of
minors. Guardianship of incompetents who are not minors
continues to be under the jurisdiction of the regular courts
and is governed by the Rules of Court

L. Adoption

• R.A. No. 8252 – Domestic Adoption Act

• R.A. No. 8043- Intercountry Adoption Act

• A.M. No. 02-6-02-SC. Rule on Adoption

GOVERNING LAWS

1. The basic governing law on domestic adoption is Republic

Act No. 8552, which is “An Act Establishing the Rules and Policies
on the Domestic Adoption of Filipino Children.” It was approved on
February 25, 1998. It took effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two
newspaper of general circulation.
2. Inter-country or foreign adoptions, however, are governed
by Republic Act No. 8043, which is “An Act Establishing the Rules
to Govern Inter-Country Adoption of Filipino Children” approved
on June 2, 1995.
3. Prior laws on adoption include provisions in the Child and
Youth Welfare Code,285 the Family Code and Executive Order
No. 91.
4. The Family Code expressly repealed Articles 17-19,
27-31, 39-42 of the Civil Code and Articles 27-29, 31, 33 and
35 of Presidential Decree No. 603.
5. And to implement the provisions of the Family Courts
Act, the Supreme Court promulgated the “Rule on
Adoption,”287 which supersedes Rules 99 and 100 of the
Rules of Court on adoption.
 Page 38 of 60

1. Distinguish domestic adoption from inter-country

adoption

2. Domestic Adoption Act

a. effects of adoption

b. instances when adoption may be rescinded

c. effects of rescission of adoption

3. Inter-country Adoption

a. when allowed

b. functions of the RTC

c. “best interest of the minor” standard

M. Writ of Habeas Corpus

1. Definition
2. Contents of the petition
3. Contents of the Return
4. Distinguish peremptory writ from preliminary citation
5. When not proper/applicable
6. When writ disallowed/discharged
7. Distinguish from writ of Amparo and Habeas Data

Rules on Custody of Minors and Writ of Habeas Corpus in

Relation to Custody of Minors (AM No. 03-04-04-SC)

❖ Case: IN THE MATTER OF THE PETITION FOR HABEAS CORPUS,

SSGT. EDGARDO L. OSORIO, PETITIONER, VS. ASSISTANT STATE
PROSECUTOR JUAN PEDRO C. NAVERA; ET AL., G.R. No. 223272,
February 26, 2018

N. Writ of Amparo (AM No. 07-9-12-SC)

1. Definitions:
a. Writ of Amparo
b. Extralegal killings;
c. Enforced or involuntary disappearance of persons
 Page 39 of 60

2. Coverage

3. Distinguish from habeas corpus and habeas data

4. Differences between Amparo and search warrant

5. Who may file

6. Contents of return

7. Effects of failure to file return

8. Omnibus waiver rule

9. Procedure for hearing

10. Institution of separate action

11. Effect of filing of a criminal action

12. Consolidation

13. Interim reliefs available to petitioner and respondent

14. Quantum of proof in application for issuance of writ of

Amparo

❖ Cases:
• Castillo v. Cruz, G.R. No. 182165, November 25, 2009, 605
SCRA 628.
• Canlas v. NAPICO Homeowners, G.R. No. 182795, June 5,
2008, 554 SCRA 208.
• Reyes v. Court of Appeals, G.R. No. 182161, December 3,
2009, 626 SCRA 580.
• Razo, Jr., vs. Tagitis, G.R. No. 182498, June 22, 2010.
• Secretary of National Defense v. Manalo, G.R. No. 180906,
October 7, 2008, 568 SCRA 1.

O. Writ of Habeas Data (AM No. 08-1-16-SC)

1. Scope of the writ
2. Availability of the writ
 Page 40 of 60

3. Who may file

4. Contents of the petition

5. Contents of return

6. Instances when petition be heard in chambers

7. Consolidation

8. Effect of filing of a criminal action

9. Institution of separate action

10. Quantum of proof in application for issuance of writ of

Amparo

❖ Case: Masangkay, et.al. v. Hon. Elmo del Rosario, G.R. No. 182484, June
17, 2008, 554 SCRA 768.

P. Change of Name
1. Differences under Rule 103, RA 9048 and Rule 108

❖ Case: BARTOLOME VS. REPUBLIC, G.R. NO. 243288, August 28, 2019

2. Grounds for change of name

❖ Cases:

• Lee v. CA, G.R. No. 118387, Oct. 11, 2001

• Chao Ben Lim v. Zosa, L-40252, December 29, 1986;

• Eleosida v. Local Civil Registrar of Quezon City, G.R.

No. 130277, May 9, 2002;

• Silverio vs. Republic, G.R No. 174689, October 19, 2007

 Page 41 of 60

Q. Absentees
1. Purpose of the Rule

2. Who may file; when to file

R. Cancellation or Correction of Entries in the Civil

Registry
1. Entries subject to cancellation or correction under Rule
108, in relation to RA 9048

S. Appeals in Special Proceeding

1. Judgments and orders for which appeal may be taken

2. When to appeal

3. Modes of appeal

4. Rule on Advance Distribution

VII. Criminal Procedure

B. General Matters
1. Distinguish Jurisdiction over subject matter from
jurisdiction over person of the accused

2. Requisites for exercise of criminal jurisdiction

❖ Cases:
• People vs. Lagon, G.R. No. 45815, May 18, 1990, 185 SCRA
446-447
• Cruz vs. Court of Appeals, G.R. No. 123340, August 29, 2002.
• Dela Cruz vs. Moya, G.R. No. 65192, April 27, 1988, 160 SCRA
838.
• Fukuzume vs. People, G.R. No. 143647, November 11, 2005,
474 SCRA 580.
• Buaya vs Polo, G.R. No. 75079, January 26, 1989, 169 SCRA
417.
 Page 42 of 60

• Miranda vs. Tuliao, G.R. No. 158763, March 31, 2006, 486
SCRA 377, 387-388.

3. Jurisdiction of Criminal courts

4. When injunction may be issued to restrain criminal

prosecution

C. Prosecution of Offenses
1. Criminal actions, how instituted

❖ Cases:
• Crespo v. Mogul, G.R. No. L-53373, June 30, 1987;
• Republic v. Sunga, L-38634, June 20, 1988.

2. Who may file them, crimes that cannot be prosecuted de

officio

3. Criminal actions, when enjoined

4. Control of prosecution

5. Sufficiency of Complaint or Information

❖ Case: People of the Philippines vs. Solar, G.R. No. 225595,

August 06, 2019

6. Designation of Offense

7. Cause of the Accusation

❖ Case: De Lima vs. Guerrero, et al. G.R. No. 229781, October

10, 2017.

8. Duplicity of the Offense; Exception

9. Amendment or Substitution of complaint or

information

❖ Case: Villarba vs. Court of Appeals, G.R. No. 227777, June

15, 2020
 Page 43 of 60

10. Venue of criminal actions

11. Intervention of offended party

D. Prosecution of Civil Action

1. Rule on implied institution of civil action with criminal
action

2. When civil action may proceed independently

❖ Case: DMPI v. Velez, G.R. No. 129282, Nov. 29, 2001

3. When separate civil action is suspended

4. Effect of the death of accused or convict on civil action

5. Prejudicial Question

6. Rule on Filing Fees in civil action deemed instituted with

the criminal action

E. Preliminary Investigation
1. Nature of right

2. Purposes of preliminary investigation

3. Who may conduct determination of existence of probable

cause

❖ Cases: FACILITIES INC. VS. LOPEZ, G.R. No. 208642, February 07,
2018 ( DETERMINATION OF PROBABLE CAUSE)
 Page 44 of 60

4. Resolution of investigation prosecutor

5. Review

6. When warrant of arrest may issue

❖ Case: Talag v. Judge Reyes, A.M. No. RTJ-04-1852, June 3, 2004

7. Cases not requiring a preliminary investigation

8. Remedies of accused if there was no preliminary

investigation

9. Inquest

❖ Case: Enriquez vs. Sarmiento, Jr., A.M. No. RTJ-06-2011, August 7,

2006

F. Arrest
1. Arrest, how made

2. Arrest without warrant, when lawful

❖ Case: Villasana vs. People, G.R. No. 209078, September 04, 2019

3. Method of arrest
a. by officer with warrant
b. by officer without warrant
c. by private person

4. Requisites of a valid warrant of arrest

❖ Case: People v. Dela Cruz, et al., G.R. No. 141162-63, July 11, 2002

5. Determination of Probable Cause for issuance of warrant

of arrest

6. Distinguish probable cause of fiscal from that of a judge

 Page 45 of 60

G. Bail
1. Nature

2. When a matter of right; exceptions

3. When a matter of discretion

4. Hearing of application for bail in capital offenses

❖ Cases:
• People vs. Temporada, G.R. No. 173473, December 17,
2008
• MARIO JOEL REYES VS. PEOPLE, G.R. NO. 237172,
SEPTEMBER 18, 2019

5. Guidelines in fixing amount of bail

6. Bail when not required

7. Increase or Reduction of Bail

8. Forfeiture and Cancellation of bail

9. Application not a bar to objections in illegal arrest, lack of

or irregular preliminary investigation

10. Hold Departure Order & Bureau of Immigration Watchlist

❖ Case: Issuance of Hold Departure Order of Judge Luisito Adaoag,

A.M. No. 99-8-126-MTC, September 22, 1999

H. Rights of the Accused

1. Rights of accused at the trial

a. Right against self-incrimination

❖ Case: U.S. v. Teng, 23 Phil. 145

1) Exceptions:
a) RA 1379 – Forfeiture of illegally obtained
wealth;
b) RA 749 – Bribery and Graft cases

b. Right to speedy and impartial trial

a) Speedy Trial Act of 1998, RA 8493

b) Circular No. 38-98, August 11, 1998
 Page 46 of 60

2. Rights of persons under Custodial Investigation

I. Arraignment and Plea

1. Arraignment and Plea, how made

2. When should plea of NOT GUILTY be entered

3. When may accused enter a plea of guilty to a lesser

offense

4. Accused plead guilty to capital offense, what the court

should do

5. Searching Inquiry
❖ Case: People v. Benavidez, G.R. Nos. 142372-74, September 17,
2002 (meaning of searching inquiry)

6. Improvident plea

❖ Case: People v. Solamillo, G.R. No. 123161, June 18, 2003

7. Grounds for suspension of arraignment

J. Motion to Quash
1. Grounds

❖ Cases:

▪ Valencia v. Sandiganbayan, G.R. No. 141336, June 29,

2004;

▪ Romualdez v. Sandiganbayan, G.R. No. 143618-41, July

30, 2002;

▪ People v. Garfin, et al., G.R. No. 153176, March 29, 2004;

▪ Dimayacyac v. Court of Appeals, et al., May 28, 2004;

▪ Boiser vs. People, G.R. No. 180299, January 31, 2008

(remedy against the denial of a motion to quash)
 Page 47 of 60

2. Distinguish from demurrer to evidence

3. Effects of sustaining the motion to quash

4. Exception to the rule that sustaining the motion is not a

bar to another prosecution

5. Double Jeopardy

❖ Case: People vs. Velasco, G.R. No. 127444, September 13, 2000

6. Provisional Dismissal

❖ Case:

• Conrada v. People, G.R. No. 141646, February 28, 2003;

• People v. Lacson, G.R. No. 149453, October 7, 2003

K. Pre-trial
1. Matters to be considered during pre-trial

❖ Cases:

• People v. Pepito, G.R. Nos. 147650-52, October 16, 2003

• People v. Sitao, G.R. No. 146790, August 22, 2002

• Bayas v. Sandiganbayan, G.R. Nos. 143689-91, November

12, 2002
 Page 48 of 60

2. What the court should do when prosecution and offended

party agree to the plea offered by the accused

3. Pre-trial agreement

4. Non-appearance during pre-trial

5. Pre-trial order

6. Referral of some cases for Court Annexed

7. Mediation and Judicial Dispute Resolution

L. Trial
1. Order of trial

❖ Case: Dayawon v. Judge Garfin, A.M. No. MTJ-01-1367, September

5, 2002

2. Instances when presence of accused is required by law

3. Requisite before trial can be suspended on account of

absence of witness

4. Trial in Absentia

5. Remedy when accused is not brought to trial within the

prescribed period

6. Requisites for discharge of accused to become a state

witness

❖ Case: Jimenez vs. People, G.R. No. 209195, September 17, 2014;
People vs. Jimenez, G.R. NO. 209215

7. Effects of Discharge of accused as state witness

8. Demurrer to Evidence
9. Guidelines on continuous trial
a. Applicability
b. Prohibited and meritorious motions
c. Arraignment and pre-trial
d. Trial; memoranda
e. Promulgation
 Page 49 of 60

M. Judgment
1. Requisites of a judgment

2. Contents of Judgment

3. Promulgation of judgment; instances of promulgation of

judgment in absentia

4. When does judgment become final

N. New Trial or Reconsideration

1. Grounds for New Trial

2. Grounds for Reconsideration

3. Requisites before a new trial may be granted on ground of

newly discovered evidence

4. Effects of granting a new trial or reconsideration

5. Application of Neypes Doctrine in Criminal Cases

❖ Case: [G.R. No. 192799. October 24, 2012.] ROLEX RODRIGUEZ y

OLAYRES, petitioner, vs. PEOPLE OF THE PHILIPPINES and ALLIED
DOMECQ SPIRITS AND WINES, represented by ALLIED DOMECQ
PHILS., INC., respondents.

O. Appeal
1. Effect of an Appeal

2. Where to appeal

❖ Case: People vs. Abon, G.R. No. 169245, February 15, 2008
 Page 50 of 60

3. How appeal taken

4. Effect of appeal by any of several accused

5. Grounds for dismissal of appeal

P. Search and Seizure

1. Nature of search warrant

2. Distinguish from warrant of arrest

3. Application for search warrant, where filed

4. Probable Cause for issuance of a search warrant

❖ Case: Abuan vs. People, G.R. No. 168773, October 27, 2006, 5050
SCRA 822.

5. Personal examination by judge of the applicant and

witnesses

6. Particularity of place to be searched and things to be

seized
❖ Case: Diaz vs. People, G.R. No. 213875, July 15, 2020

7. Personal property to be seized

8. Exceptions to search warrant requirement

a. Search incidental to lawful arrest
b. Consented Search
c. Search of moving vehicle
d. Check points; body checks in airport
e. Plain view situation
f. Stop and Frisk situation
g. Enforcement of Custom Laws

9. Remedies from unlawful search and seizure

❖ Case: [G.R. No. 170425. April 23, 2012.] SECURITIES AND

EXCHANGE COMMISSION, NATIONAL BUREAU OF INVESTIGATION
and DEPARTMENT OF JUSTICE, petitioners, vs. RIZZA G.
MENDOZA, CARLITO LEE, GRESHIELA G. COMPENDIO, RAUL
RIVERA, REY BELTRAN, REX ALMOJUELA, LINDA P.
 Page 51 of 60

CAPALUNGAN, HILDA R. RONQUILLO, MA. LODA CALMA,

TERESITA P. ALMOJUELA, RUFINA ABAD and AMADOR A.
PASTRANA, respondents.

10. Cybercrime warrants

a. Scope and applicability
b. General provisions
c. Preservation and computer date
d. Disclosure of computer data
e. Interception of computer data
f. Search, seizure and examination of computer data
g. Custody of computer data
h. Destruction of computer data

Q. Provisional Remedies in Criminal Cases

1. Nature

2. Kinds of provisional remedies

VIII. Evidence
 Page 52 of 60

A. General Principles
1. Concept of Evidence

2. Scope of the Rules of Evidence

3. Distinguish: proof and evidence

4. Distinguish: Factum Probans and Factum Probandum

5. Admissibility of Evidence

❖ Cases: Mancol vs. DBP, G.R. No. 204289, November 22, 2017

a. Requisites for admissibility of evidence

b. Relevance of evidence and collateral matters
c. Multiple admissibility
d. Conditional admissibility
e. Curative admissibility
f. Direct and circumstantial evidence
g. Positive and negative evidence
h. Competent and credible evidence

6. Burden of Proof and Burden of Evidence

7. Presumptions
a. Conclusive presumptions
b. Disputable presumptions
c. Presumptions in civil actions and proceedings;
against an accused in criminal cases
 Page 53 of 60

8. Liberal Construction of the Rules of Evidence

9. Quantum of Evidence (Weight And Sufficiency of

Evidence)
a. Proof beyond reasonable doubt
b. Preponderance of evidence
c. Substantial evidence
d. Clear and convincing evidence

B. Judicial Notice and Judicial Admissions

1. What Need Not be Proved

2. Matters of Judicial Notice

a. Mandatory
b. Discretionary

3. Judicial Admissions
a. Effect of judicial admissions
b. How judicial admissions may be contradicted
c. Pre-trial admissions
 Page 54 of 60

C. Object (Real) Evidence

1. Nature of Object Evidence

2. Requisites for Admissibility

3. Categories of Object Evidence

4. Chain of Custody in Relation to Section 21 of the

Comprehensive Dangerous Drugs Act of 2002

5. Rule on DNA Evidence (A.M. No. 06-11-5-SC)

a. Meaning of DNA
b. Application for DNA testing order
c. Post-conviction DNA testing; remedy
d. Assessment of probative value of DNA evidence and
admissibility
e. Rules on evaluation of reliability of the DNA testing
Methodology

D. Documentary Evidence
1. Meaning of Documentary Evidence

2. Requisites for Admissibility

3. Original document rule

a. Meaning of the rule

b. When not applicable
c. Meaning of original document and duplicate
d. Secondary evidence; summaries

4. Rules on Electronic Evidence (A.M. No. 01-7-01- SC)

a. Meaning of electronic evidence; electronic data
massage
b. Probative value of electronic documents or evidentiary
weight; method of proof
c. Authentication of electronic documents and electronic
signatures
d. Electronic documents and the hearsay rule
e. Audio, photographic, video and ephemeral evidence

5. Parol Evidence Rule

 Page 55 of 60

a. Application of the parol evidence rule

b. When parole evidence can be introduced
c. Distinguish: original document rule and parol
evidence rule

6. Authentication and Proof of Documents

a. Meaning of authentication
b. Classes of documents: Public and private documents
c. When a private writing requires authentication; proof
of a private writing
d. When evidence of authenticity of a private writing is
not required (ancient documents)
e. How to prove genuineness of a handwriting
f. Public documents as evidence; proof of official record
g. Attestation of a copy
h. Public record of a public document
i. Proof of lack of record
j. How a judicial record is impeached
k. Proof of notarial documents
l. How to explain alterations in a document
m. Documentary evidence in an unofficial language

E. Testimonial Evidence
1. Qualifications of a Witness

2. Disqualifications of Witnesses
a. Disqualification by reason of marriage
b. Disqualification of witnesses

c. Disqualification by reason of privileged

communications; rule on third parties
(1) Husband and wife
(2) Attorney and client; exceptions
(3) Physician and patient
(4) Priest and penitent
(5) Public Officers

d. Parental and filial privilege rule

e. Trade secrets
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3. Examination of a Witness
a. Rights and obligations of a witness

b. Order in the examination of an individual witness

a. Direct examination
b. Cross examination
c. Re-direct examination
d. Re-cross examination
e. Recalling the witness

c. Leading and misleading questions

d. Impeachment of witness
(1) Adverse party’s witness
(2) By evidence of conviction of a crime
(3) Own witness
(4) How the witness is impeached by evidence of
inconsistent statements

e. Referral of witness to memorandum

f. Examination of a child witness
(1) Applicability of the rule
(2) Meaning of “child witness”
(3) Competency of a child witness
(4) Examination of a child witness
(5) Live-link TV testimony of a child witness
(6) Videotaped deposition of a child witness
(7) Hearsay exception in child abuse cases
(8) Sexual abuse shield rule
(9) Protective orders

4. Admissions and Confessions

a. Admission by a party
b. Res inter alios acta rule
c. Admission by a third party
d. Admission by a co-partner or agent
e. Admission by a conspirator
f. Admission by privies
g. Admission by silence
h. Confessions
i. Similar acts as evidence
j. Admissibility of offers of compromise
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5. Hearsay Rule
a) Meaning of hearsay
b) Reason for exclusion of hearsay evidence
c) Exceptions to the hearsay rule
a. Dying declaration
b. Statement of decedent or person of
unsound mind
c. Declaration against interest
d. Act or declaration about pedigree
e. Family reputation or tradition regarding
pedigree
f. Common reputation
g. Part of the res gestae
h. Entries in the course of business
i. Entries in official records
j. Commercial lists and the like
k. Learned treaties
l. Testimony or deposition at a former trial
m. Residual exception

d) Independently relevant statement

6. Opinion Rule
a) Opinion of expert witness
b) Opinion of ordinary witness
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7. Character Evidence
a. Criminal cases
b. Civil cases

8. Judicial Affidavit Rule A.M. No. 12-8-8-SC)

a. Scope and where applicable
b. Contents and Procedure
c. Application to Criminal actions
d. Effect of non-compliance
e. Effect of other rules

F. Offer and Objection

1. Offer of Evidence
2. When to Make an Offer
3. Objection
4. Repetition of an Objection
5. Ruling
6. Striking Out of an Answer
7. Tender of Excluded Evidence

IX. Revised Rules on Summary Procedure

A. Cases covered by the Rule

B. Effect of failure to answer

C. Preliminary conference and appearances of parties

D. Prohibited pleadings and motions
E. Appeal
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X. Katarungang Pambarangay
A. Cases covered
B. Subject matter for amicable settlement
C. Venue
D. When parties may directly go to court
E. Execution
F. Repudiation

XI. Rule of Procedure for Small Claims Cases (AM No. 08-8-
7-SC)
A. Scope and applicability of the Rule
B. Commencement of small claims action; Response
C. Prohibited pleadings and motions
D. Appearances
E. Hearing; duty of the judge
F. Finality of judgment

XII. Rules of Procedure for Environmental Cases (AM No.

09-6-8-SC)
A. Scope and Applicability of the Rule

B. Civil Procedure
1. Prohibition against Temporary Restraining Order and
Preliminary Injunction
2. Pre-trial Conference; Consent Decree
3. Prohibited Pleadings and Motions
4. Temporary Environmental Protection Order (TEPO)
5. Judgment and Execution; Reliefs in a citizen’s suit
6. Permanent Environmental Protection Order; Writ of
continuing mandamus
7. Strategic Lawsuit against Public Participation

C. Special Proceedings
1. Writ of Kalikasan
2. Prohibited pleadings and motions
3. Discovery measures
4. Writ of Continuing Mandamus

D. Criminal Procedure
1. Who may file
2. Institution of criminal and civil action
3. Arrest without warrant, when valid
4. Procedure in the custody and disposition of seized items
5. Bail
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6. Arraignment and Plea

7. Pre-trial
8. Subsidiary liabilities

E. Evidence
1. Precautionary principle
2. Documentary evidence

XIII. ALTERNATIVE DISPUTE RESOLUTION

A. Types of processes and procedures in alternative dispute
resolution; comparison with court-annexed mediation;
B. Domestic arbitration
C. Judicial review of arbitral awards
D. Appeal from court decisions on arbitral awards
E. Venue and jurisdiction
F. Special Rules of Court on Alternative Dispute Resolutions
1. Subject matter
2. Summary proceedings in certain cases
3. Prohibited submissions
4. Judicial relief involving issue of existence, validity and
enforceability
5. Interim measures of protection
6. Enforcement and recognition or setting aside of an
international commercial arbitral award
7. Recognition and enforcement of a foreign arbitral award
8. Special civil action for certiorari