Remedial Law - Codal Reviewer

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Remedial Law
Codal Reviewer
Based on the 2020 Bar Syllabus
Remedial Law Subject Page Number
I. General Principles Page 3
II. Jurisdiction Page 5
III. Civil Procedure Page 16
IV. Provisional Remedies Page 58
V. Special Civil Actions Page 69
VI. Special Proceedings Page 86
VII. Criminal Procedure Page 103
VIII. Evidence Page 136
IX. Revised Rules on Summary Procedure Page 162
X. Katarungang Pambarangay Page 163
XI. Rules of Procedure for Small Claims Cases Page 166
XII. Rules of Procedure for Environmental Cases Page 167
XIII. Alternative Dispute Resolution Page 173
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GENERAL PRINCIPLES
Distinguish: Substantive Law and Remedial The Court, unlike courts below, has the power not
Law only to liberally construe the rules, but also to
suspend them, in favor of substantive law or
Primicias v. Ocampo, G.R. No. L-6120 (1953) substantial rights. Such power inherently belongs
Substantive Law creates, defines, and regulates to the Court, which is expressly vested with rule-
rights and duties concerning life, liberty or making power by no less than the Constitution.
property, the violation of which gives to a cause Sarmiento v. Zaratan,
of action
There are reasons which warrant the suspension
Bustos v. Lucero, G.R. No. L-2068 (1948) of the Rules:
Remedial Law prescribes the methods of (1) The existence of special or compelling
enforcing those rights and obligations created by circumstances;
substantive law by providing a procedural system (2) The merits of the case;
for obtaining redress for the invasion of rights (3) A cause not entirely attributable to the
and violations of duties and by laying out rules as fault or negligence of the party favored
to how suits are filed, tried and decided upon by by the suspension of the rules;
the courts. (4) A lack of any showing that the review
Rule-Making Power of the Supreme Court sought is merely frivolous and dilatory;
and
Limitations on the Rule-Making Power of the (5) The other party will not be unjustly
Supreme Court prejudiced thereby (, 514 SCRA 246, 260
1987 Constitution, Art. VIII, SECTION. 5(5) citing Sanchez v. Court of Appeals, 404
SCRA 540).
(a) The rules shall provide a simplified and
inexpensive procedure for the speedy Nature of Philippine Courts
disposition of cases;
(b) The rules shall be uniform for courts of
Meaning of a Court
the same grade; and A court is an organ of government belonging to
(c) The rules shall not diminish, increase, or the judicial department the function of which is
modify substantive rights. the application of the laws to controversies
brought before it as well as the public
Power of the Supreme Court to Amend and
administration of justice (Black’s, 5th Edition, 356).
Suspend Procedural Rules
Neypes v. Court of Appeals, G.R. No. 141524 (2005) A court is called upon and authorized to
administer justice. Sometimes it refers to the
The Supreme Court has the power to amend, place where justice is administered (20 Am Jur2d,
repeal or even establish new rules for a more Courts, §1, 1965; 21 C.J.S., Courts, § 1).
simplified and inexpensive process, and the
speedy disposition of cases. Distinguish: Court and Judge
Pinga v. Heirs of Santiago, G.R. No. 170354 (2006) (1) A court is a tribunal officially assembled
under authority of law; a judge is simply
The constitutional power of the Supreme Court to an officer of such tribunal (Wagenhorst
promulgate rules of practice and procedure and v. Philadelphia Life Insurance Co., 358
to amend or repeal the same necessarily carries Pa. 55, 55A2d 762, cited by Black’s 5th
with it the power to overturn judicial precedents Ed.).
on points of remedial law through the amendment (2) A court is an organ of the government
of the Rules of Court (Black’s, 5th Ed., 318) with a personality
1987 Constitution, Art. VII, SECTION 5(5). separate and distinct from the person or
judge who sits on it (People v. Carlos, 78
The Rules itself expressly states in Sec. 2 of Rule Phil. 535, 543).
1 that the rules shall be liberally construed in (3) A court is a being in imagination
order to promote their object and to assist the comparable to a corporation, whereas a
parties in obtaining just, speedy, and inexpensive judge is a physical person (People ex rel.
determination of every action and proceeding.
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Herndon v. Opekl, 188 III 194, 58 NE 996, Trial Courts. The Third Level Courts are the Court
cited by Black’s, 5th Ed.). of Appeals, the Court of Tax Appeals and the
(4) A judge is a public officer (Todd v. United Sandiganbayan. The Fourth Level Court is the
States, 158 US 278, 39 L Ed 982, 15 Sct. Supreme Court (Herrera, Remedial Law, 2007,
889, cited by Black’s, 5th Ed.) while a p.118).
court is an office.
(5) Jurisdiction does not attach to the judge
Courts of Original and Appellate Jurisdiction
but to the court. The continuity of a court A court is one with original jurisdiction when
and the efficacy of its proceedings are actions or proceedings are originally filed with it.
not affected by the death, resignation, or
A court is one with appellate jurisdiction when it
cessation from the service of the judge
has the power to review over the decisions or
presiding over it. In other words, the
orders of a lower court (21 Corpus Juris
judge may resign, become incapacitated,
Secundum, Courts, Sec. 3).
or be disqualified to hold office, but the
court remains (ABC Davao Auto Supply Courts of General and Special Jurisdiction
v. Court of Appeals, 284 SCRA 218, 222).
Courts of general jurisdiction are those with
Classification of Philippine Courts competence to decide on their own jurisdiction
Courts of Law and Courts of Equity and to take cognizance of all cases, civil and
criminal, of a particular nature. A court may also
A Court of Law is any tribunal duly administering be considered ‘general’ if it has the competence
the laws of the land. to exercise jurisdiction over cases not falling
A Court of Equity is a tribunal which rules within the jurisdiction of any court, tribunal,
according to the precepts of equity or justice and person, or body exercising judicial or quasi-
is sometimes called ‘courts of conscience.’ It judicial functions (Sec. 19(6)(J), Sec. 20, BP 129,
adjudicates a controversy according to the Judiciary Reorganization Act of 1980).
common precepts of what is right and just without Courts of special (limited) jurisdiction are those
inquiring into the terms of the statutes (Riano, Vol. which have a special jurisdiction only for a
I, p.41). particular purpose or are clothed with special
Superior Court and Inferior Court powers for the performance of specified duties
beyond which they have no authority of any kind
A Superior Court is a court which has the power (21 Corpus Juris Secundum, Courts, Sec. 3).
of review or supervision over lower courts.
Constitutional and Statutory Courts
An Inferior Court, in relation to a superior court,
is a court lower in rank and subject to review and As to Creation
supervision by the latter (Regalado, Remedial The Constitutional Court is one created by a direct
Law Compendium, 2010, p.1). Constitutional provision, while the Statutory
Civil Court and Criminal Court Court is one created by law other than the
Constitution (Riano, Vol. I, p.45).
Civil Courts are those which determine
controversies between private persons. As to the Power of Congress to Abolish the Court
Criminal Courts are those which adjudicate The Constitutional Court cannot be abolished by
offenses alleged to have been committed against Congress because its jurisdiction and powers are
the state (21 Corpus Juris Secundum, Courts, Sec. vested by the Constitution, while the Statutory
4). Court may be abolished by Congress by repealing
the law which created those courts (Riano, Vol. I,
Courts of Record and Courts Not of Record p.45).
Courts of Record are those which keep a written As to their Examples
account of its proceedings. Those courts which
are not bound to keep such records are courts not The Supreme Court is the only constitutional
of record (Riano, Vol. I, p.35). court in the Philippines. The Sandiganbayan is
only a constitutionally mandated court (Garcia v.
As to level: First, Second, Third, and Fourth Level Sandiganbayan, G.R. No. 114135, 1994, citing
The First Level Courts are the Metropolitan Trial Regalado, Remedial Law Compendium, 1988).
Courts. The Second Level Courts are the Regional Although its existence is provided for in the
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Constitution, its creation was made by statutory
enactment.
All courts in the Philippines, except the Supreme
Court, are statutory courts.
Courts of Law and Equity Doctrine of Non-Interference or Doctrine of
A Court of Law is any tribunal duly administering
Judicial Stability
the laws of the land. This principle holds that courts of equal and
A Court of Equity is a tribunal which rules coordinate jurisdiction cannot interfere with each
according to the precepts of equity or justice and other’s orders (Lapu-lapu Development and
is sometimes called ‘courts of conscience.’ It Housing Corporation v. Group Management
adjudicates a controversy according to the Corporation, 388 SCRA 493, 508 citing People v.
common precepts of what is right and just without Woolcock, 244 SCRA 235). The principle also bars
inquiring into the terms of the statutes (Riano, Vol. a court from reviewing or interfering with the
I, p.41). judgment of a co-equal court over which it has no
appellate jurisdiction or power of review
Principle of Judicial Hierarchy (Villamor v. Salas, 203 SCRA 540, 543).
It is an established policy that parties must The doctrine of non-interference applies with
observe the hierarchy of courts before they can equal force to administrative bodies.
seek relief directly from the Court.
JURISDICTION
Classification of Jurisdiction Exclusive jurisdiction precludes the idea of co-
Distinguish: Original and Appellate existence and refers to jurisdiction possessed to
the exclusion of others (Cubero v. Laguna West
A court is one with original jurisdiction when Multi-Purpose Cooperatives, Inc., 509 SCRA 410,
actions or proceedings are originally filed with it. 416).
A court is one with appellate jurisdiction when it Concurrent jurisdiction, also called ‘coordinate’
has the power to review over the decisions or jurisdiction, is the power of different courts to
orders of a lower court (21 C.J.S., Courts §3). take cognizance of the same subject matter.
Distinguish: General and Special Where there is concurrent jurisdiction, the court
first taking cognizance of the case assumes
Courts of general jurisdiction are those with jurisdiction to the exclusion of the other courts
competence to decide on their own jurisdiction (Riano, Civil Procedure, 38).
and to take cognizance of all cases, civil and
criminal, of a particular nature. A court may also Doctrines of Hierarchy of Courts and
be considered ‘general’ if it has the competence Continuity of Jurisdiction
to exercise jurisdiction over cases not falling
Doctrine of Hierarchy of Courts
within the jurisdiction of any court, tribunal,
person, or body exercising judicial or quasi- It is an established policy that parties must
judicial functions (Sec. 19(6)(J), Sec. 20, BP 129, observe the hierarchy of courts before they can
Judiciary Reorganization Act of 1980). seek relief directly from the Court.
Courts of special (limited) jurisdiction are those The rationale for this rule is two-fold: (a) it would
which have a special jurisdiction only for a be an imposition upon the limited time of the
particular purpose or are clothed with special Court; and (b) it would inevitably result in a delay,
powers for the performance of specified duties intended or otherwise, in the adjudication of
beyond which they have no authority of any kind cases, which in some instances, had to be
(21 C.J.S., Courts §3). remanded or referred to the lower court as the
proper forum under the rules of procedure, or as
Distinguish: Exclusive and Concurrent better equipped to resolve the issues because the
Court is not a trier of facts.
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It is only for special and compelling reasons that 2. With CA and RTC in petitions for
this Court shall exercise its primary jurisdiction certiorari, prohibition, and mandamus
over the extraordinary remedy of writ of against lower courts and bodies, and in
prohibition (People v. Azarraga, G.R. Nos. 187117 petitions for quo warranto and habeas
and 187127, October 12, 2011). corpus (Sec. 9[1], 21[1], B.P. 129; Sec. 5,
Art. VIII, 1987 Constitution);
Doctrine of Continuity of Jurisdiction
3. With the RTC in cases affecting
Once the jurisdiction of a court attaches, it ambassadors, public ministers, and
continues until the case is finally terminated. The consuls (Sec. 21[2], B.P. 129; Sec. 5, Art.
court cannot be ousted therefrom by subsequent VIII, 1987 Constitution);
happenings or events, although of a character 4. With the SB in petitions for certiorari,
that would have prevented jurisdiction from prohibition, mandamus, habeas corpus,
attaching in the first instance (Beritua v. injunctions and ancillary writs in aid of
Mercader, G.R. No. 136048, January 23, 2001). its appellate jurisdiction and over
General Rule: A law enacted during the pendency petitions of similar nature, including quo
of a case which transfers jurisdiction to another warranto in PCGG cases (Riguerra Vol. 1,
court does not affect cases prior to its enactment. p. 9);
5. With the CA, SB and RTC:
Exceptions: a. Petition for a writ of amparo
1. When the new law expressly provides (Sec. 3, Rule on the Writ of
for a retroactive application; Amparo);
2. When the change of jurisdiction is b. Petition for a writ of habeas
curative in character (Vda De data (Sec. 3, Rule on the Writ of
Ballesteros v. Rural Bank of Canaman, Habeas Data).
Inc., G.R. No. 176260, November 24, 2010). Appellate Jurisdiction
Jurisdiction of Various Philippine Courts By way of petition for review on certiorari (appeal
by certiorari under Rule 45) against the:
Supreme Court
Exclusive Original Jurisdiction 1. CA;
2. SB;
In petitions for certiorari, prohibition, and 3. RTC on pure questions of law (Sec. 1,
mandamus against the: Rule 45) and in cases involving the:
1. CA (Sec. 17, Judiciary Act of 1948); a. Constitutionality or validity of a
2. Commission on Elections (Sec. 7, Art. IX, law or treaty, international or
1987 Constitution); executive agreement, law,
3. Commission on Audit (Sec. 7, Art. IX, 1987 presidential decree,
Constitution); proclamation, order,
4. Sandiganbayan (SB) (P.D. No. 1606, as instruction, ordinance or
amended); and; regulation (Sec. 5, Art. VIII, 1987
5. Court of Tax Appeals (CTA) Constitution);
b. Legality of a tax, impost,
Concurrent Original Jurisdiction assessment, toll or penalty;
1. With the CA in petitions for certiorari, c. Jurisdiction of a lower court.
prohibition, and mandamus against the: 4. CTA in its decision rendered en banc
a. RTC (Sec. 21[1], B.P. 129); (Sec. 11, R.A. 9282);
b. Civil Service Commission (CSC) 5. Final judgment or order in a writ of
(R.A. 7902); amparo or habeas data case (Sec. 19,
c. Central Board of Assessment Rule on the Writ of Amparo and Habeas
Appeals (CBAA) (P.D. 464; B.P. Data).
129; R.A. 7902); General Rule: The SC is not a trier of facts. Factual
d. National Labor Relations and findings of the trial court, particularly when
Commissions (St. Martin affirmed by the CA, are generally binding on the
Funeral Homes v. NLRC, 295 SC (Tan v. G.V.T. Engineering Services, 498 SCRA
SCRA 494, 1998; R.A. 7902); and 93, 2006).
e. Other quasi-judicial agencies
(B.P. 129; R.A. 7902; Heirs of Exceptions: SIGMA-EFFF-CC
Hinog v. Melicor, 455 SCRA 460, 1. The findings are grounded entirely on
2005). speculation, surmise, or conjectures;
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2. The inference is manifestly mistaken, Sec. 9(3), B.P. 129, as amended by R.A. 7902
absurd or impossible;
The Court of Appeals shall have the power to try
3. There is grave abuse of discretion;
cases and conduct hearings, receive evidence,
4. The judgment made is based on a
and perform any and all acts necessary to resolve
misapprehension of facts;
factual issues in cases falling not only within its
5. The finding of absence of facts is
original jurisdiction but also in cases falling
contradicted by the presence of
within its appellate jurisdiction. This authority
evidence on record;
includes the power to grant and conduct new
6. There is no citation of specific evidence
trials or further proceedings.
on which the factual findings are based;
7. The findings of facts are conflicting; Limitations:
8. The findings are contrary to those of the 1. Trials or hearings must be continuous;
trial court; 2. Trials and hearings must be completed
9. The facts set forth in the petition, as well within 3 months, except when extended
as in the petitioner’s main and reply by the Chief Justice.
briefs, are not disputed by the
respondent; Exclusive Original Jurisdiction
10. When, in making its findings, the CA went 1. In actions for annulment of the
beyond the issues of the case, or its judgments of RTC (Sec. 9[2], B.P. 129, as
findings were contrary to the admissions amended).
of both the appellant and the appellee; 2. Special civil action for certiorari against
11. The CA manifestly overlooked certain an RTC order approving or disapproving
relevant facts not disputed by the the rehabilitation plan or any order
parties, which, if properly considered, issued after the approval of the
could justify a different conclusion rehabilitation plan (Rule 6, 2013 Financial
(Spouses Yu v. Ngo Yet Te, 514 SCRA 423, Rehabilitation Rules of Procedure).
2007).
Concurrent Original Jurisdiction
Original Cases Cognizable by the Supreme Court
1. With the SC to issue writs of certiorari,
1. Petition for certiorari; prohibition and mandamus against the:
2. Petition for prohibition; a. RTC (Sec. 21[1], B.P. 129);
3. Petition for mandamus; b. Civil Service Commission (CSC)
4. Petition for quo warranto; (R.A. 7902);
5. Petition for habeas corpus; c. CBAA (P.D. 464; B.P. 129; R.A.
6. Petition for writ of amparo; 7902);
7. Petition for habeas data; d. National Labor Relations and
8. Disciplinary proceedings against Commissions (St. Martin
members of the judiciary and attorneys; Funeral Homes v. NLRC, 295
and SCRA 494, 1998; R.A. 7902); and
9. Cases affecting ambassadors, other e. Other quasi-judicial agencies
public ministers and consuls (Sec. 1, (B.P. 129; R.A. 7902; Heirs of
Rule 56). Hinog v. Melicor, 455 SCRA 460,
Procedure When the Supreme Court En Banc is 2005).
Equally Divided 2. With the SC and RTC to issue writs of
certiorari, prohibition and mandamus
1. Where the opinion of the SC en banc is against lower courts and bodies, and
equally divided, or the necessary also writs of quo warranto and habeas
majority cannot be had, the case shall corpus;
again be deliberated on. 3. With the SC, SB and RTC in petitions for
2. If after such deliberation no such writ of amparo and habeas data.
decision is reached, the original action
commenced in the court shall be Exclusive Appellate Jurisdiction
dismissed. 1. By way of ordinary appeal from the
3. In appealed cases, the judgment or order judgments of the RTC, Family Courts
appealed from shall stand affirmed. (Sec. 9[3], B.P. 129, as amended; Sec. 14,
4. On all incidental matters, the petition or R.A. 8369) and Special Commercial
motion shall be denied (Sec. 7, Rule 56). Courts (Riguerra Vol. 1, p.11);
Court of Appeals 2. By way of petition for review (Rule 42)
from the judgment of the RTC rendered
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in the exercise of its appellate petition for review analogous to Rule 42; with
jurisdiction (Sec. 22, B.P. 129, as respect to the CBAA’s judgments or orders in the
amended; Rule 42, Rules of Court; Sec. 9, exercise of its appellate jurisdiction, appeal shall
B.P. 129); be made by filing a petition for review analogous
3. By way of petition for review (Rule 42) to Rule 43.
from the judgment of the RTC acting as a
Appellate Jurisdiction
Special Agrarian Court (Sec. 60,
Comprehensive Agrarian Reform Law); Over the decisions of Municipal Trial Courts in
4. By way of petition for review (Rule 43) cadastral or land registration cases pursuant to
from the decisions, resolutions, orders its delegated jurisdiction (Sec. 34, B.P. 129, as
or awards of the: amended by R.A. 7691).
a. CSC;
Court of Tax Appeals
b. Securities and Exchange
Commission; Exclusive Original Jurisdiction
c. Land Registration Authority; Section 7, R.A. 9282
d. Social Security Commission; 1. Over all criminal offenses arising from
e. Office of the President; violations of the National Internal
f. Civil Aeronautics Board; Revenue Code or Tariff and Customs
g. Bureau of Patents, Trademarks Code and other laws administered by the
and Technology Transfer; Bureau of Internal Revenue or the
h. National Electrification Bureau of Customs.
Administration;
i. Energy Regulatory Board; Provided, however, that offenses or felonies
j. National Telecommunications mentioned in this paragraph where the principal
Commission; amount of taxes and fees, exclusive of charges
k. Department of Agrarian and penalties, claimed is less than One million
Reform under R.A. 6657; pesos (P1,000,000.00) or where there is no
l. Government Service Insurance specified amount claimed shall be tried by the
System; regular Courts and the jurisdiction of the CTA
m. Employees Compensation shall be appellate.
Commission; Any provision of law or the Rules of Court to the
n. Agricultural Inventions Board; contrary notwithstanding, the criminal action and
o. Insurance Commission; the corresponding civil action for the recovery of
p. Philippine Atomic Energy civil liability for taxes and penalties shall at all
Commission; times be simultaneously instituted with, and
q. Board of Investments; jointly determined in the same proceeding by the
r. Construction Industry CTA, the filing of the criminal action being deemed
Arbitration Commission; to necessarily carry with it the filing of the civil
s. Voluntary arbitrators action, and no right to reserve the filling of such
authorized by law (Sec. 9[3], civil action separately from the criminal action
B.P. 129); will be recognized.
5. Any other quasi-judicial agency in the
exercise of its quasi-judicial functions 2. In tax collection cases involving final and
(Riguera vol. I, p.12); executory assessments for taxes, fees,
6. By way of petition for review (Rule 43) charges and penalties: Provided,
from decisions of the Office of the however, That collection cases where
Ombudsman in administrative the principal amount of taxes and fees,
disciplinary cases (Perez v. Office of the exclusive of charges and penalties,
Ombudsman, G.R. No. 131445, 2004). claimed is less than One million pesos
(P1,000,000.00) shall be tried by the
proper Municipal Trial Court,
NOTE: Under R.A. 9282, the judgments and final Metropolitan Trial Court and Regional
orders of the Court of Tax Appeals are no longer Trial Court.
appealable by way of petition for review to the Exclusive Appellate Jurisdiction
Court of Appeals. Judgments of the CTA rendered
Section 7, R.A. 9282
en banc are appealable to the Supreme Court by
way of Rule 45 (Sec. 11, R.A. 9282). To review by appeal:
Judgments or final orders of the CBAA are 1. Decisions of the Commissioner of
appealable to the CTA within 30 days by filing a Internal Revenue in cases involving
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disputed assessments, refunds of In criminal offenses:
internal revenue taxes, fees or other
1. Over appeals from the judgments,
charges, penalties in relation thereto, or
resolutions or orders of the Regional
other matters arising under the National
Trial Courts in tax cases originally
Internal Revenue or other laws
decided by them, in their respected
administered by the Bureau of Internal
territorial jurisdiction;
Revenue;
2. Over petitions for review of the
2. Inaction by the Commissioner of Internal
judgments, resolutions or orders of the
Revenue in cases involving disputed
Regional Trial Courts in the exercise of
assessments, refunds of internal
their appellate jurisdiction over tax
revenue taxes, fees or other charges,
cases originally decided by the
penalties in relations thereto, or other
Metropolitan Trial Courts, Municipal Trial
matters arising under the National
Courts and Municipal Circuit Trial Courts
Internal Revenue Code or other laws
in their respective jurisdiction.
administered by the Bureau of Internal
Revenue, where the National Internal In tax collection cases:
Revenue Code provides a specific period 1. Over appeals from the judgments,
of action, in which case the inaction shall resolutions or orders of the Regional
be deemed a denial; Trial Courts in tax collection cases
3. Decisions, orders or resolutions of the originally decided by them, in their
Regional Trial Courts in local tax cases respective territorial jurisdiction;
originally decided or resolved by them in 2. Over petitions for review of the
the exercise of their original or appellate judgments, resolutions or orders of the
jurisdiction; Regional Trial Courts in the Exercise of
4. Decisions of the Commissioner of their appellate jurisdiction over tax
Customs in cases involving liability for collection cases originally decided by the
customs duties, fees or other money Metropolitan Trial Courts, Municipal Trial
charges, seizure, detention or release of Courts and Municipal Circuit Trial
property affected, fines, forfeitures or Courts, in their respective jurisdiction.
other penalties in relation thereto, or
other matters arising under the Customs Sandiganbayan
Law or other laws administered by the Exclusive Original Jurisdiction
Bureau of Customs;
5. Decisions of the Central Board of 1. Violations of Republic Act No. 3019 or the
Assessment Appeals in the exercise of Anti-Graft and Corrupt Practices Act,
its appellate jurisdiction over cases Republic Act No. 1379, and Chapter II,
involving the assessment and taxation of Section 2, Title VII, Book II of the Revised
real property originally decided by the Penal Code, where one or more of the
provincial or city board of assessment accused are officials occupying the
appeals; following positions in the government,
6. Decisions of the Secretary of Finance on whether in a permanent, acting or
customs cases elevated to him interim capacity, at the time of the
automatically for review from decisions commission of the offense:
of the Commissioner of Customs which a. Officials of the executive
are adverse to the Government under branch occupying the positions
Section 2315 of the Tariff and Customs of regional director and higher,
Code; otherwise classified as Salary
7. Decisions of the Secretary of Trade and Grade 27 and higher, of the
Industry, in the case of nonagricultural Compensation and Position
product, commodity or article, and the Classification Act of 1989
Secretary of Agriculture in the case of (Republic Act No. 6758),
agricultural product, commodity or specifically including:
article, involving dumping and i. Provincial governors,
countervailing duties under Section 301 vice-governors,
and 302, respectively, of the Tariff and members of the
Customs Code, and safeguard measures sangguniang
under Republic Act No. 8800, where panlalawigan, and
either party may appeal the decision to provincial treasurers,
impose or not to impose said duties. assessors, engineers,
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and other provincial e. All other national and local
department heads; officials classified as Grade ’27’
ii. City mayors, vice- and higher under the
mayors, members of Compensation and Position
the sangguniang Classification Act of 1989.
panlungsod, city 2. Other offenses or felonies whether
treasurers, simple or complexed with other crimes
assessors, engineers, committed by the public officials and
and other city employees mentioned in subsection (a)
department heads; of this section in relation to their office;
iii. Officials of the 3. Civil and criminal cases filed pursuant to
diplomatic service and in connection with Executive Order
occupying the position Nos. 1, 2, 14 and 14-A, issued in 1986
of consul and higher; (PCGG cases for forfeiture of ill-gotten
iv. Philippine army and wealth).
air force colonels, 4. Over petitions for the issuance of the
naval captains, and all writs of mandamus, prohibition,
officers of higher certiorari, habeas corpus, injunctions,
rank; and other ancillary writs and processes
v. Officers of the in aid of its appellate jurisdiction and
Philippine National over petitions of similar nature,
Police while including quo warranto, arising or that
occupying the position may arise in cases filed or which may be
of provincial director filed under Executive Order Nos. 1, 2, 14
and those holding the and 14-A, issued in 1986: Provided, That
rank of senior the jurisdiction over these petitions shall
superintendent and not be exclusive of the Supreme Court.
higher;
Concurrent Original Jurisdiction
vi. City and provincial
prosecutors and their With the SC, CA and RTC in petitions for writ of
assistants, and amparo and habeas data.
officials and Exclusive Appellate Jurisdiction
prosecutors in the
Office of the Over final judgments, resolutions or orders of
Ombudsman and RTC whether in the exercise of their own original
special prosecutor; jurisdiction or of their appellate jurisdiction under
vii. Presidents, directors R.A. 10660.
or trustees, or Regional Trial Courts
managers of
government-owned or Exclusive Original Jurisdiction
controlled 1. In all civil actions in which the subject of
corporations, state the litigation is incapable of pecuniary
universities or estimation;
educational 2. In all civil actions which involve the title
institutions or to, or possession of, real property, or
foundations. any interest therein, where the assessed
b. Members of Congress and value of the property involved exceeds
officials thereof classified as P20,000 or for civil actions in Metro
Grade ’27’ and higher under the Manila, where such the value exceeds
Compensation and Position P50,000 except actions for forcible entry
Classification Act of 1989; into and unlawful detainer;
c. Members of the judiciary 3. In all actions in admiralty and maritime
without prejudice to the jurisdiction where the demand or claim
provisions of the Constitution; exceeds P300,000 or, in Metro Manila,
d. Chairmen and members of the where such demand or claim exceeds
Constitutional Commissions, P400,000;
without prejudice to the 4. In all matters of probate, both testate
provisions of the Constitution; and intestate, where the gross value of
and the estate exceeds P300,000 or, in
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probate matters in Metro Manila, where 3. Complaints for annulment of marriage,
such gross value exceeds P400,000; declaration of nullity of marriage and
5. In all actions involving the contract of those relating to status and property
marriage and marital relations; relations of husband and wife or those
6. In all cases not within the exclusive living together under different status
jurisdiction of any court, tribunal, person and agreements, and petitions for
or body exercising jurisdiction or any dissolution of conjugal partnership of
court, tribunal, person or body gains;
exercising judicial or quasi-judicial 4. Petitions for support and/or
functions; acknowledgment;
7. In all civil actions and special 5. Summary judicial proceedings brought
proceedings falling within the exclusive under the provisions of the Family Code;
original jurisdiction of a Juvenile and 6. Petitions for declaration of status of
Domestic Relations Court and of the children as abandoned, dependent or
Courts of Agrarian Relations as now neglected children, petitions for
provided by law; voluntary or involuntary commitment of
8. Actions for annulment of MTC children, the suspension, termination or
judgments; restoration of parental authority and
9. Citizen suit under Sec. 41 of the Clean Air other cases cognizable under P.D. 603,
Act; E.O. 56 (Series of 1986) and other related
10. Petition for assistance in the liquidation laws;
of a bank or quasi-bank filed by a 7. Petitions for the constitution of the
receiver (Sec. 30, New Central Bank family home;
Act); and 8. Cases against minors cognizable under
11. In all other cases in which the demand, the Dangerous Drugs Act, as amended;
exclusive of interest, damages of 9. Violations of R.A. 7610 (Special
whatever kind, attorney's fees, litigation Protection of Children Against Child
expenses, and costs or the value of the Abuse, Exploitation and Discrimination
property in controversy exceeds Act); and
P300,000 or, in such other 10. Cases of domestic violence against
abovementioned items exceeds women and children (R.A. 8369).
P400,000.
Metropolitan Trial Courts, Municipal Courts in
Concurrent Original Jurisdiction Cities, Municipal Trial Courts, Municipal
1. With the SC in actions affecting Circuit Trial Courts
ambassadors, other public ministers, Exclusive Original Jurisdiction
and consuls (Sec. 21[2], B.P. 129, as
1. Over civil actions and probate
amended; Sec. 5, Art. VIII, 1987
proceedings, testate and intestate,
Constitution);
including the grant of provisional
2. With the SC and CA in petitions for
remedies in proper cases, where the
certiorari, prohibition, and mandamus
value of the personal property, estate, or
against lower courts and bodies and in
amount of the demand does not exceed
petitions for quo warranto and habeas
P300,000 or, in Metro Manila where such
corpus (Sec. 21[1], B.P. 129; Sec. 9[1], B.P.
personal property, estate, or amount of
129).
the demand does not exceed P400,000
Appellate Jurisdiction exclusive of interest damages of
Over all cases decided by MeTC, MTC and MCTC in whatever kind, attorney's fees, litigation
their respective territorial jurisdictions (Sec. 22, expenses, and costs, the amount of
B.P. 129, as amended). which must be specifically alleged:
Where there are several claims or causes of
Family Courts
action between the same or different parties,
Exclusive Original Jurisdiction embodied in the same complaint, the amount of
1. Petitions for guardianship, custody of the demand shall be the totality of the claims in
children and habeas corpus involving all the causes of action, irrespective of whether
children; the causes of action arose out of the same or
2. Petitions for adoption for children and different transactions;
the revocation thereof; 2. Over cases of forcible entry and
unlawful detainer:
11
When the defendant raises the question of cases in the province or city where the absent
ownership in his pleadings and the question of RTC judges sit (Id.).
possession cannot be resolved without deciding
Summary Procedure
the issue of ownership, the issue of ownership
shall be resolved only to determine the issue of 1. Forcible entry and unlawful detainer
possession. cases irrespective of the amount of
damages or rentals sought to be
3. In all civil actions which involve title to,
recovered; and
or possession of, real property, or any
2. All other court cases except probate
interest therein where the assessed
proceedings, where the total claim does
value of the property or interest therein
not exceed P100,000 or in Metro Manila,
does not exceed P20,000 or, in civil
P200,000, exclusive of interest and costs
actions in Metro Manila, where such
(Riguera Vol. 1, p. 18).
assessed value does not exceed P50,000
exclusive of interest, damages of Aspects of Jurisdiction
whatever kind, attorney's fees, litigation
expenses and costs.
Jurisdiction Over the Parties
Except in cases falling within the exclusive Jurisdiction over the person is the legal power of
original jurisdiction of Regional Trial Courts and the court to render a personal judgment against a
of the Sandiganbayan: party to an action or proceeding (Riano, Vol. I,
citing Black’s 5th Edition, 767 citing Imperial v.
4. Over all violations of city or municipal Hardy, La, 302 So.2d 5, 7).
ordinances committed within their
respective territorial jurisdiction; How Jurisdiction Over the Plaintiff is Acquired
5. Over all offenses punishable with When the complaint is filed and the prescribed
imprisonment not exceeding 6 years fees are paid, the action is deemed commenced.
irrespective of the amount of fine, and The court then acquires jurisdiction over the
regardless of other imposable person of the plaintiff and the running of the
accessory or other penalties, including prescriptive period for the action is tolled.
the civil liability arising from such
BUT: An unauthorized complaint filed for or in
offenses or predicated thereon,
behalf of a plaintiff does not produce any legal
irrespective of kind, nature, value, or
effect. Hence, the court should dismiss the
amount thereof: Provided, however, that
complaint on the ground that it has no jurisdiction
in offenses involving damage to property
over the complaint and the person of the plaintiff
through criminal negligence they shall
(Palmiano-Salvador v. Angeles. G.R. No. 171213,
have exclusive original jurisdiction
September 3, 2012).
thereof;
6. Over cases falling under the 1991 Rules How Jurisdiction Over the Defendant is Acquired
on Summary Procedure (Sec. 36, B.P.
Jurisdiction over the defendant is acquired by:
129, as amended) and the Rule of
Procedure for Small Claims Cases (A.M. 1. A valid service of summons;
No. 08-8-7-SC). 2. The defendant’s voluntary appearance in
court;
Delegated Jurisdiction
3. Personal or substituted service of
In cadastral and land registration cases covering summons as laid out under Sections 5
lots where there is no controversy or opposition, and 6 of Rule 14 of the Amended Rules of
or contested lots the value of which does not Court, if the defendant does not
exceed P100,000, as may be delegated by the voluntarily appear.
Supreme Court (Sec. 34, B.P. 129; Sec. 4, R.A. 7691)
Jurisdiction Over the Subject Matter
The jurisdiction is only a delegated one because it
Meaning of Jurisdiction Over the Subject Matter
is the RTC which normally has jurisdiction over
cadastral land and land registration cases. Jurisdiction over the subject matter is referred to
as the power of a particular court to hear the type
Special Jurisdiction
of case that is then before it. The term also refers
To hear and decide petitions for a writ of habeas to the jurisdiction of the court over the class of
corpus in the absence of all the RTC judges in the cases to which a particular case belongs (Black’s,
province or city (Sec. 35, B.P. 129, as amended) 5th Edition, 767).
The special jurisdiction includes the authority to It is the power or authority to hear and determine
hear and decide applications for bail in criminal cases of the general class to which the
12
proceeding in question belongs (Reyes v. Diaz, 73 The court, may, on its own initiative, take
Phil. 484, 486). cognizance of lack of jurisdiction at any point in
the case, and has a clearly recognized right to
Distinguish: Jurisdiction and Exercise of
determine its own jurisdiction in any proceeding
Jurisdiction
(Fabian v. Desierto, 295 SCRA 470).
Jurisdiction is the power or authority of the court
The earliest opportunity of a party to raise the
(Arranza v. B.F. Homes, Inc., 333 SCRA 799,812).
issue of jurisdiction is in a motion to dismiss filed
The exercise of this power or authority is called
before the filing of the answer because lack of
the exercise of jurisdiction.
jurisdiction over the subject matter is a ground
Jurisdiction is the authority to decide a case, and for a motion to dismiss (Sec. 1[b], Rule 16).
not the decision rendered therein. Where there is
If no motion to dismiss is filed, the defense of lack
jurisdiction over the person and the subject
of jurisdiction may be raised as an affirmative
matter, the decision on all other questions arising
defense in the answer (Sec. 6, Rule 16).
in the case is but an exercise of the jurisdiction
(Republic of the Philippines v. “G”Holdings, Inc., Effect of Estoppel on Objection to Jurisdiction
475 SCRA 608, 619 citing Tolentino v. Leviste, 443
General Rule: The defense of lack of jurisdiction
SCRA 274).
cannot be waived and may be raised at any stage
How Jurisdiction is Conferred and Determined of the proceeding even on appeal since it is
conferred by law (De Leon vs. Court of Appeals,
Jurisdiction over the subject matter is conferred
245 SCRA 166, 1995).
by law which may be either the Constitution or a
statute (Riano, Vol. I, p.60). Exception: Jurisdiction may be waived on the
ground of estoppel by laches. A party cannot
Jurisdiction over the subject matter of a case is
invoke the jurisdiction of a court to secure
determined by the allegations in the complaint
affirmative relief against his opponent and, after
(Riano, Vol. I, p.61).
obtaining or failing to obtain such relief, repudiate
Distinguish: Doctrine of Primary Administrative or question that same jurisdiction (Tijam v.
Jurisdiction and Doctrine of Exhaustion of Sibonghanoy, G.R. No. L-21450, 1968).
Administrative Remedies
Jurisdiction Over the Issues
Under the doctrine of primary administrative
jurisdiction, courts cannot and will not resolve a Jurisdiction is acquired and conferred over the
controversy involving a question within the issues by:
jurisdiction of an administrative tribunal, 1. The allegations in the pleadings of the
especially when the question demands the sound parties;
exercise of administrative discretion requiring 2. The agreement of the parties in a pre-
special knowledge, experience and services of trial order or stipulation; or
the administrative tribunal to determine technical 3. Their implied consent as by failure of a
and intricate matters of fact. (BF Homes, Inc. v. party to object to evidence on an issue
Manila Electric Company, 636 SCRA 495, 515, not covered by pleadings (Sec. 5, Rule
December 6, 2010). 10).
The doctrine of exhaustion of administrative Jurisdiction Over the Res or Property in
remedies provides that if a remedy within the Litigation
administrative agency can still be resorted to by
giving the administrative officer concerned every Jurisdiction over the res refers to the court’s
opportunity to decide on a matter that comes jurisdiction over the thing or the property, which
within his jurisdiction, then such a remedy should is the subject of the action. This type of
be exhausted first before the court’s judicial jurisdiction is necessary when the action is an
power can be sought. (Republic v. Transunion action in rem or quasi in rem. Jurisdiction over
Corp., G.R. No. 191590, April 21, 2014). the person of the defendant is not required, but
summons must be served upon the defendant in
Doctrine of Adherence of Jurisdiction order to satisfy the requirements of due process.
The doctrine means that the court, once In an action in personam, jurisdiction over the res
jurisdiction has been acquired, retains that is not sufficient. Jurisdiction over the defendant
jurisdiction until it finally disposes of the case must also be acquired for there to be a valid
(San Miguel Corporation v. Sandiganbayan, 340 judgment.
SCRA 289).
Jurisdiction may be acquired through:
Objections to Jurisdiction Over the Subject
Matter
13
1. Placing the property under its custody
Fixed by law and May be conferred by
(custodia legis);
cannot be conferred the act or agreement of
2. Constructive Seizure (i.e., Attachment);
by the parties the parties
or
3. Statutory Authority conferring upon the
(Riano, Vol. I, p. 177, citing Nocum v. Tan, 470 SCRA
court the power to deal with the property
639)
or thing within the court’s territorial
jurisdiction (Riano, Vol. I, p.95-97). Jurisdiction Over Small Claims, Cases
Jurisdiction Over the Remedies Covered by the Rules on Summary Procedure
and Barangay Conciliation
The court which grants or issues a provisional
remedy is the court which has jurisdiction over Revised Rule on Summary Procedure
the main action. Even an inferior court may grant The MeTCs, MTCCs, MTCs, and MCTCs have
a provisional remedy in an action pending with it exclusive jurisdiction over:
and within its jurisdiction (Riano, Vol. 2, p.532).
A. CIVIL CASES
Distinguish: Error of Jurisdiction and Error of
1. All cases of forcible entry and unlawful
Judgment detainer, irrespective of the amount of
damages or unpaid rentals sought to be
Error of Jurisdiction Error of Judgment
recovered. Where attorney's fees are
awarded, the same shall not exceed
The court, without or The court, acting within
twenty thousand pesos (P20,000.00).
in excess of its jurisdiction,
2. All other court cases except probate
jurisdiction, issued committed mistakes in
proceedings, where the total claim does
the judgment the appreciation of the
not exceed P100,000 or in Metro Manila,
complained of. facts and the evidence
P200,000, exclusive of interest and
leading to an
costs. (A.M. No. 02-11-09-SC)
erroneous judgment.
B. CRIMINAL CASES
Proceedings are an Judgment is valid,
1. Violations of traffic laws, rules and
absolute nullity, regardless of how
reguations;
conferring no right grossly irregular or
2. Violations of the rental law;
and afford no manifestly erroneous
3. Violations of municipal or city
protection. its proceeding may
ordinances;
have been.
4. Violations of BP 22 (Bouncing Checks
Law); (A.M. No. 00-11-01-SC)
Judgment will be Judgment is binding
5. All other criminal cases where the
pronounced void until reversed or
penalty prescribed by law for the offense
when collaterally annulled in a direct
charges is imprisonment not exceeding
attacked. proceeding.
six months, or a fine not exceeding
(P1,000.00), or both, irrespective of other
(Riano, Vol. I, p.66-68).
imposable penalties, accessory or
Distinguish: Jurisdiction and Venue otherwise, or of the civil liablity arising
therefrom: Provided, however, that in
Jurisdiction Venue offenses involving damage to property
through criminal negligence, this Rule
Authority to hear and Place where the case shall govern where the imposable fine
determine a case is to be heard or tried does not exceed ten thousand pesos
(P10,00.00).
A matter of A matter of procedural
Revised Rules of Procedure for Small Claims
substantive law law
Cases
Establishes a Establishes a relation The MeTCs, MTCCs, MTCs, and MCTCs shall have
relation between the between plaintiff and jurisdiction over cases for payment of money
court and the subject defendant where the value of the claim does not exceed two
matter hundred thousand pesos (P200,000.00) exclusive
of interest and costs. (Section 2, A.M. No. 08-8-7-
SC)
14
The courts shall apply this Rule in all actions that (a) Where one party is the
are purely civil in nature where the claim or relief government, or any subdivision
prayed for is solely for payment or or instrumentality thereof;
reimbursement of sum of money. (b) Where one party is a public
officer or employee, and the
The claim or demand may be:
dispute relates to the
(a) For money owed under any of the performance of his official
following: functions;
1. Contract of Lease; (c) Offenses punishable by
2. Contract of Loan; imprisonment exceeding one (1)
3. Contract of Services; year or a fine exceeding Five
4. Contract of Sale; or thousand pesos (Php5,000.00);
5. Contract of Mortgage; (d) Offenses where there is no
(b) For liquidatied damages arising from private offended party;
contracts; (e) Where the dispute involves real
(c) The enforcement of a barangay amicable properties located in different
settlement or an arbitration award cities or municipalities unless
involcing a money claim covered the parties thereto agree to
pursuant to Sec. 417 of the Local submit their differences to
Government Code of 1991. (Section 5, amicable settlement by an
A.M. No. 08-8-7-SC) appropriate lupon;
(f) Disputes involving parties who
actually reside in Barangays of
Barangay Conciliation Proceedings different cities or
The proceedings before the Lupong municipalities, except where
Tagapamayapa or the Pangkat ng such Barangay units adjoin
Tagapagkasundo of the barangay are not judicial each other and the parties
proceedings. They resolve disputes or attempt to thereto agree to submit their
do so through mediation and conciliation. Any differences to amicable
adjudicatory power exercised by any of these settlement by an appropriate
bodies must be agreed upon by the parties in lupon;
writing. (Riano Vol. 1, p. 158). (g) Such other classes of disputes
which the President may
The Lupon of each Barangay shall have authority determine in the interest of
to bring together the parties actually residing in justice or upon the
the same city or municipality for amical
settlement of all disputes except:
(h) recommendation of the (3) Where actions are coupled with
secretary of Justice. provisional remedies such as
preliminary injunction,
The court in which non-criminal cases not falling
attachment, delivery of
within the authority of the lupon under this Code
personal property, and support
are filed may, at any time before trial, motu
pendente lite; and
proprio refer the case to the lupon concerned for
(4) Where the action may
amicable settlement. (Sec. 408, Local
otherwise be barred by the
Government Code of 1991).
statute of limitations. (Sec.
The parties may go directly to court in the 412(b), LGC)
following instances:
How Jurisdiction is Determined
(1) Where the accused is under
detention; Jurisdiction over the subject matter is conferred
(2) Where a person has otherwise by law which may be either the Constitution or a
been deprived of personal statute (Riano, Vol. I, p.60).
liberty calling for habeas Jurisdiction over the subject matter of a case is
corpus proceedings; determined by the allegations in the complaint
(Riano, Vol. I, p.61).
15
CIVIL PROCEDURE
General Provisions actions, subject to the specific rules prescribed
for a special civil action.
Title of the Rules
Section 1. Rule 1. Rules of Court XXX
These Rules shall be known and cited as the Meaning of Criminal Actions
Rules of Court. Section 3(b). Rule 1. Rules of Court
In What Courts Applicable XXX
Section 2. Rule 1. Rules of Court (b) A criminal action is one by which the State
These Rules shall apply in all the courts, except prosecutes a person for an act or omission
as otherwise provided by the Supreme Court punishable by law.
Cases Governed XXX
Section 3. Rule 1. Rules of Court Distinguish: Civil Actions and Special Proceedings
These Rules shall govern the procedure to be Distinguish: civil actions and special
observed in actions, civil or criminal, and special proceedings
proceedings. XXX
Civil actions
In What Cases Not Applicable Section 3(a). Rule 1. Rules of Court
Section 4. Rule 1. Rules of Court (NICOLE)
XXX
These Rules shall not apply to Election cases,
(a) A civil action is one by which a party sues
Land registration, Cadastral, Naturalization and
another for the enforcement or protection of a
Insolvency proceedings, and Other cases not
right, or the prevention or redress of a wrong.
herein provided for, except by analogy or in a
suppletory character and whenever practicable XXX
and convenient.
Special proceedings
Commencement of Action Section 3(c). Rule 1. Rules of Court
Section 5. Rule 1. Rules of Court
XXX
A civil action is commenced by the filing of the
(c) A special proceeding is a remedy by which a
original complaint in court. If an additional
party seeks to establish a status, a right, or a
defendant is impleaded in a later pleading, the
particular fact.
action is commenced with regard to him on the
date of the filing of such later pleading, Personal Actions and Real Actions
irrespective of whether the motion for its Definition of Real Actions
admission, if necessary, is denied by the court. Section 1. Rule 4. Rules of Court
Construction Real actions are “actions affecting title to or
Section 6. Rule 1. Rules of Court possession of real property, or interest therein
These Rules shall be liberally construed in order XXX”
to promote their objective of securing a just, Definition of Personal Actions
speedy and inexpensive disposition of every Section 2. Rule 4. Rules of Court
action and proceeding.
All other actions are personal actions. “In a
Actions personal action, the plaintiff seeks the recovery
Meaning of Ordinary and Special Civil of personal property, the enforcement of a
Actions contract or the recovery of damages.” (Paderanga
v. Buissan, G.R. No. 49475, 28 September 1993
Section 3(a). Rules of Court citing Hernandez v. Rural Bank of Lucena, G.R. No.
XXX L-29791, 10 January 1978)
(a) A civil action is one by which a party sues Local and Transitory Actions
another for the enforcement or protection of a Definition of Local Actions
right, or the prevention or redress of a wrong. Section 1. Rule 4. Rules of Court
A civil action may either be ordinary or special. Local actions are actions in which its venue
Both are governed by the rules for ordinary civil depends upon the location of the property
involved in the litigation. Real actions are local
16
because “Actions affecting title to or possession Section 2. Rule 2. Rules of Court
of real property, or interest therein, shall be
A cause of action is the act or omission by which
commenced and tried in the proper court which
a party violates a right of another.
has jurisdiction over the area wherein the real
property involved, or a portion thereof, is Elements of cause of action
situated.” The following are the elements of a cause of
Definition of Transitory Actions action:
Section 2. Rule 4. Rules of Court 1. The existence of a legal right in favor of
Transitory actions are actions in which its venue the plaintiff;
depend upon the residence of the plaintiff or the 2. A correlative legal duty of the defendant
defendant. Personal actions are transitory to respect such right; and
because “may be commenced and tried where the 3. An act or omission by such defendant in
plaintiff or any of the principal plaintiffs resides, violation of the right of the plaintiff with
or where the defendant or any of the principal a resulting injury or damage to the
defendants resides, or in the case of a non- plaintiff for which the latter may
resident defendant where he may be found, at the maintain an action for the recovery of
election of the plaintiff.” relief from the defendant. (Metropolitan
Bank and Trust Co. v. Ley Construction
Actions in rem, in personam and quasi in rem and Development Corp., G.R. No. 185590,
Actions in rem 03 December2014)
“Actions in rem are actions against the thing Distinguish: Right of Action and Cause of
itself. They are binding upon the whole world.” Action
(Frias v. Alcayde, G.R. No. 194262, 28 February Meaning of Right of Action
2018)
A right of action is the right of the plaintiff to bring
Actions in personam an action and to prosecute that action to final
“An action in personam is a proceeding to enforce judgment. (See L. G. Marquez v. Varela, G.R. No.
personal rights and obligations brought against L-4845, 24 December 1952)
the person and is based on the jurisdiction of the Distinction of Right of Action and Cause of Action
person, although it may involve his right to, or the
exercise of ownership of, specific property, or Right of Action Cause of Action
seek to compel him to control or dispose of it in
accordance with the mandate of the court. Its Definition
purpose is to impose, through the judgment of a
court, some responsibility or liability directly A right of action is the A cause of action is
upon the person of the defendant. Of this right of the plaintiff to the act or omission by
character are suits to compel a defendant to bring an action and to which a party violates
specifically perform some act or actions to fasten prosecute that action a right of another.
a pecuniary liability on him.” (Frias v. Alcayde, G.R. to final judgment. (Section 2, Rule 2,
No. 194262, 28 February 2018) (See L. G. Marquez v. Rules of Court)
Actions quasi in rem
Varela, G.R. No. L-
4845, 24 December
“A proceeding quasi in rem is one brought against 1952)
persons seeking to subject the property of such
persons to the discharge of the claims assailed. Governing Law
In an action quasi in rem, an individual is named
as defendant and the purpose of the proceeding Remedial Law Substantive Law
is to subject his interests therein to the obligation
or loan burdening the property. In an action quasi Applicability of other circumstances
in rem, an individual is named as defendant. But,
unlike suits in rem, a quasi in rem judgment is It may be taken away It is not affected by
conclusive only between the parties.” (Frias v. by the running of any other
Alcayde, G.R. No. 194262, 28 February 2018) statute of limitations, circumstances.
by estoppel or other
Cause of Action circumstances.
Meaning of Cause of Action
(See De Guzman, Jr. v. Court of Appeals, G.R. Nos.
92029-30, 20 December 1990)
17
Distinguish: Failure to State a Cause of (a) The party joining the causes of action shall
Action and Lack of Cause of Action comply with the rules on joinder of parties;
Failure to State a Lack of Cause of (b) The joinder shall not include special civil
Cause of Action Action actions or actions governed by special rules;
(c) Where the causes of action are between the
Definition same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the
Refers to the Refers to the Regional Trial Court provided one of the causes of
insufficiency of the insufficiency of action falls within the jurisdiction of said court
allegations in the factual basis for the and the venue lies therein; and
pleading (Trillanes IV action (Trillanes IV v.
v. Castillo- Castillo-Marigomen, (d) Where the claims in all the causes of action
Marigomen, G.R. No. G.R. No. 223451, 14 are principally for recovery of money, the
223451, 14 March March 2018) aggregate amount claimed shall be the test of
2018) jurisdiction.
Misjoinder of Causes of Action
Remedy Section 6. Rule 2. Rules of Court
It may be set as one of Defendant may file a Misjoinder of causes of action is not a ground for
the affirmative motion to demur the dismissal of an action. A misjoined cause of action
defenses of the evidence. (Section 1, may, on motion of a party or on the initiative of the
defendant. (Section Rule 33, 2019 New court, be severed and proceeded with separately.
12(4), Rule 8, 2019 Rules on Civil Parties to Civil Actions
New Rules on Civil Procedure)
Procedure) Who May Be Parties
Test of the Sufficiency of a Cause of Action
Only natural or juridical persons, or entities
“In determining whether an initiatory pleading authorized by law may be parties in a civil action.
states a cause of action, ‘the test is as follows: The term "plaintiff" may refer to the claiming
admitting the truth of the facts alleged, can the party, the counter-claimant, the cross-claimant,
court render a valid judgment in accordance with or the third (fourth, etc.) — party plaintiff. The
the prayer?’ To be taken into account are only the term "defendant" may refer to the original
material allegations in the complaint; extraneous defending party, the defendant in a counterclaim,
facts and circumstances or other matters aliunde the cross-defendant, or the third (fourth, etc.) —
are not considered. The court may consider in party defendant.
addition to the complaint the appended annexes
or documents, other pleadings of the plaintiff, or Real Parties in Interest; Indispensable
admissions in the records.” (Spouses Zepeda v. Parties; Representatives as Parties;
China Banking Corp., G.R. No. 172175, 09 October Necessary Parties; Indigent Parties;
2006) Alternative Defendants
Splitting a Single Cause of Action and Its Real Parties in Interest
Effects Section 2. Rule 3. Rules of Court
Section 4. Rule 2. Rules of Court A real party in interest is the party who stands to
If two or more suits are instituted on the basis of be benefited or injured by the judgment in the suit,
the same cause of action, the filing of one or a or the party entitled to the avails of the suit.
judgment upon the merits in any one is available Unless otherwise authorized by law or these
as a ground for the dismissal of the others. Rules, every action must be prosecuted or
defended in the name of the real party in interest.
Joinder and Misjoinder of Causes of Action
Indispensable Parties
Joinder of Causes of Action
Parties in interest without whom no final
A party may in one pleading assert, in the determination can be had of an action shall be
alternative or otherwise, as many causes of joined either as plaintiffs or defendants.
action as he may have against an opposing party,
subject to the following conditions:
18
Representatives as Parties of law or fact common to all such plaintiffs or to
Section 3. Rule 3. Rules of Court all such defendants may arise in the action; but
the court may make such orders as may be just
Where the action is allowed to be prosecuted or to prevent any plaintiff or defendant from being
defended by a representative or someone acting embarrassed or put to expense in connection with
in a fiduciary capacity, the beneficiary shall be any proceedings in which he may have no
included in the title of the case and shall be interest.
deemed to be the real party in interest. A
representative may be a trustee of an express Misjoinder and Non-joinder of Parties
trust, a guardian, an executor or administrator, or Non-joinder of Necessary Parties to be Pleaded
a party authorized by law or these Rules. An agent Section 9. Rule 3. Rules of Court
acting in his own name and for the benefit of an
undisclosed principal may sue or be sued without Whenever in any pleading in which a claim is
joining the principal except when the contract asserted a necessary party is not joined, the
involves things belonging to the principal. pleader shall set forth his name, if known, and
shall state why he is omitted. Should the court
Necessary Parties find the reason for the omission unmeritorious, it
Section 8. Rule 3. Rules of Court may order the inclusion of the omitted necessary
A necessary party is one who is not indispensable party if jurisdiction over his person may be
but who ought to be joined as a party if complete obtained.
relief is to be accorded as to those already The failure to comply with the order for his
parties, or for a complete determination or inclusion, without justifiable cause, shall be
settlement of the claim subject of the action. deemed a waiver of the claim against such party.
Indigent Parties The non-inclusion of a necessary party does not
Section 21. Rule 3. Rules of Court prevent the court from proceeding in the action,
and the judgment rendered therein shall be
A party may be authorized to litigate his action,
without prejudice to the rights of such necessary
claim or defense as an indigent if the court, upon
party.
an ex parte application and hearing, is satisfied
that the party is one who has no money or Misjoinder and Non-joinder of Parties
property sufficient and available for food, shelter Section 11. Rule 3. Rules of Court
and basic necessities for himself and his family.
Neither misjoinder nor non-joinder of parties is
Alternative Defendants ground for dismissal of an action. Parties may be
Section 13. Rule 3. Rules of Court dropped or added by order of the court on motion
of any party or on its own initiative at any stage of
Where the plaintiff is uncertain against who of
the action and on such terms as are just. Any
several persons he is entitled to relief, he may
claim against a misjoined party may be severed
join any or all of them as defendants in the
and proceeded with separately.
alternative, although a right to relief against one
may be inconsistent with a right of relief against Class Suit
the other. Section 12. Rule 3. Rules of Court
Compulsory and Permissive Joinder of When the subject matter of the controversy is one
Parties of common or general interest to many persons
Compulsory Joinder of Indispensable Parties so numerous that it is impracticable to join all as
Section 7. Rule 3. Rules of Court parties, a number of them which the court finds to
be sufficiently numerous and representative as to
Parties in interest without whom no final fully protect the interests of all concerned may
determination can be had of an action shall be sue or defend for the benefit of all. Any party in
joined either as plaintiffs or defendants. interest shall have the right to intervene to
Permissive Joinder of Parties protect his individual interest.
Section 6. Rule 3. Rules of Court Suits Against Entities Without Juridical
All persons in whom or against whom any right to Personality
relief in respect to or arising out of the same Section 15. Rule 3. Rules of Court
transaction or series of transactions is alleged to When two or more persons not organized as an
exist, whether jointly, severally, or in the entity with juridical personality enter into a
alternative, may, except as otherwise provided in transaction, they may be sued under the name by
these Rules, join as plaintiffs or be joined as which they are generally or commonly known.
defendants in one complaint, where any question
19
In the answer of such defendant, the names and non-resident defendant where he may be found,
addresses of the persons composing said entity at the election of the plaintiff.
must all be revealed.
Venue of Actions Against Non-Residents
Effect of Death of Party Litigant Section 3. Rule 4. Rules of Court
Death of a Party; Duty of Counsel
If any of the defendants does not reside and is not
Section 16. Rule 3. Rules of Court found in the Philippines, and the action affects the
Whenever a party to a pending action dies, and the personal status of the plaintiff, or any property of
claim is not thereby extinguished, it shall be the said defendant located in the Philippines, the
duty of his counsel to inform the court within action may be commenced and tried in the court
thirty (30) days after such death of the fact of the place where the plaintiff resides, or where
thereof, and to give the name and address of his the property or any portion thereof is situated or
legal representative or representatives. Failure found.
of counsel to comply with this duty shall be a When the Rules on Venue Do Not Apply
ground for disciplinary action.
The heirs of the deceased may be allowed to be
This Rule shall not apply —
substituted for the deceased, without requiring
the appointment of an executor or administrator (a) In those cases where a specific rule or law
and the court may appoint a guardian ad litem for provides otherwise; or
the minor heirs.
(b) Where the parties have validly agreed in
The court shall forthwith order said legal writing before the filing of the action on the
representative or representatives to appear and exclusive venue thereof.
be substituted within a period of thirty (30) days
from notice.
Effects of Stipulations on Venue
If no legal representative is named by the counsel The parties may stipulate on the venue as long as
for the deceased party, or if the one so named the agreement is:
shall fail to appear within the specified period, the a. In writing;
court may order the opposing party, within a b. Made before the filing; and
specified time, to procure the appointment of an c. Exclusive as to the venue.
executor or administrator for the estate of the
deceased and the latter shall immediately appear
Pleadings
for and on behalf of the deceased. The court Kinds of Pleadings and When They Should
charges in procuring such appointment, if Be Filed
defrayed by the opposing party, may be recovered
Complaint
as costs.
Section 3. Rule 6. 2019 New Rules on Civil
Venue Procedure
Venue of Real Actions The complaint is the pleading alleging the
Section 1. Rule 4. Rules of Court plaintiff's or claiming party's cause or causes of
action. The names and residences of the plaintiff
Actions affecting title to or possession of real and defendant must be stated in the complaint.
property, or interest therein, shall be commenced
and tried in the proper court which has Answer
jurisdiction over the area wherein the real Section 4. Rule 6. 2019 New Rules on Civil
property involved, or a portion thereof, is situated. Procedure
Forcible entry and detainer actions shall be An answer is a pleading in which a defending
commenced and tried in the Municipal Trial Court party sets forth his or her defenses.
of the municipality or city wherein the real
Negative Defenses
property involved, or a portion thereof, is situated.
Section 5(a). Rule 6. 2019 New Rules on Civil
Venue of Personal Actions Procedure
A negative defense is the specific denial of the
All other actions may be commenced and tried material fact or facts alleged in the pleading of the
where the plaintiff or any of the principal plaintiffs claimant essential to his or her cause or causes
resides, or where the defendant or any of the of action.
principal defendants resides, or in the case of a
Negative Pregnant
20
Definition of Negative Pregnant counterclaim against the original plaintiff in
respect of the latter's claim against the third-
“A negative pregnant is a form of negative
party plaintiff.
expression which carries with it an affirmation or
at least an implication of some kind favorable to Answer to Counterclaim or Cross-claim; When to
the adverse party. Where a fact is alleged with File
qualifying or modifying language and the words of Section 4. Rule 11. 2019 New Rules on Civil
the allegation as so qualified or modified are Procedure
literally denied, it has been held that the qualifying
circumstance alone is denied while the fact itself A counterclaim or cross-claim must be answered
is admitted.” (Valdez v. Dabon, Jr., A.C. No. 7353, within twenty (20) calendar days from service.
16 November 2015) Section 5. Rule 11. 2019 New Rules on Civil
Answer to the Complaint; When to File Procedure
Section 1. Rule 11. 2019 New Rules on Civil The time to answer a third (fourth, etc.)-party
Procedure complaint shall be governed by the same rule as
the answer to the complaint.
The defendant shall file his or her answer to the
complaint within thirty (30) calendar days after Counterclaims
service of summons, unless a different period is Section 6. Rule 6. 2019 New Rules on Civil
fixed by the court. Procedure
Answer of a Defendant Foreign Private Juridical A counterclaim is any claim which a defending
Entity; When to File party may have against an opposing party.
Procedure
Procedure
Where the defendant is a foreign private juridical
A counterclaim may be asserted against an
entity and service of summons is made on the
original counter-claimant.
government official designated by law to receive
the same, the answer shall be filed within sixty XXX
(60) calendar days after receipt of summons by
Compulsory Counterclaim
such entity.
Definition of Compulsory Counterclaim
Answer to Amended Complaint; When to File
Procedure
Procedure
A compulsory counterclaim is one which, being
When the plaintiff files an amended complaint as
cognizable by the regular courts of justice, arises
a matter of right, the defendant shall answer the
out of or is connected with the transaction or
same within thirty (30) calendar days after being
occurrence constituting the subject matter of the
served with a copy thereof.
opposing party's claim and does not require for its
Where its filing is not a matter of right, the adjudication the presence of third parties of
defendant shall answer the amended complaint whom the court cannot acquire jurisdiction. Such
within fifteen (15) calendar days from notice of the a counterclaim must be within the jurisdiction of
order admitting the same. An answer earlier filed the court both as to the amount and the nature
may serve as the answer to the amended thereof, except that in an original action before
complaint if no new answer is filed. the Regional Trial Court, the counterclaim may be
considered compulsory regardless of the amount.
This Rule shall apply to the answer to an amended
A compulsory counterclaim not raised in the
counterclaim, amended cross-claim, amended
same action is barred, unless otherwise allowed
third (fourth, etc.)-party complaint, and amended
by these Rules.
complaint-in-intervention.
Elements of Compulsory Counterclaim
Answer to Counterclaim or Cross-claim
Section 13. Rule 6. 2019 New Rules on Civil To be compulsory, the counterclaim must have
Procedure the following elements:
A third (fourth, etc.)-party defendant may allege 1. It arises out of or is necessarily

in his or her answer his or her defenses, connected with the transaction or
counterclaims or cross-claims, including such occurrence which is the subject matter
defenses that the third (fourth, etc.)-party plaintiff of the opposing party's claim;
may have against the original plaintiff's claim. In
proper cases, he or she may also assert a
21
2. It does not require for its adjudication shall be limited to the complaint. The dismissal
the presence of third parties of whom shall be without prejudice to the right of the
the court cannot acquire jurisdiction; and defendant to prosecute his or her counterclaim in
3. The court has jurisdiction to entertain a separate action unless within fifteen (15)
the claim both as to its amount and calendar days from notice of the motion he or she
nature, except that in an original action manifests his or her preference to have his or her
before the RTC, the counterclaim may be counterclaim resolved in the same action. XXX”
considered compulsory regardless of
the amount. (Metropolitan Bank and
Cross-claims
Trust Co. v. CPR Promotions and Definition of Cross-claim
Marketing, Inc., G.R. No. 200567, 22 June Section 8. Rule 6. 2019 New Rules on Civil
2015) Procedure
Complete Test for Compulsory Counterclaims A cross-claim is any claim by one party against a
co-party arising out of the transaction or
In determining whether a counterclaim is
occurrence that is the subject matter either of the
compulsory or permissive, the Court has devised
original action or of a counterclaim therein. Such
the following tests:
cross-claim may cover all or part of the original
1. Are the issues of fact or law raised by claim.
the claim and the counterclaim largely
the same?
Procedure
2. Would res judicata bar a subsequent suit
on defendant's claims, absent the XXX
compulsory counterclaim rule? A cross-claim may also be filed against an
3. Will substantially the same evidence original cross-claimant.
support or refute plaintiff's claim as well
as the defendant's counterclaim? Third (fourth etc.)-party Complaints
4. Is there any logical relation between the Section 11. Rule 6. 2019 New Rules on Civil
claim and the counterclaim, such that Procedure
the conduct of separate trials of the
respective claims of the parties would A third (fourth, etc.)-party complaint is a claim
entail a substantial duplication of effort that a defending party may, with leave of court,
and time by the parties and the court? file against a person not a party to the action,
(Otherwise known as the “Compelling called the third (fourth, etc.)-party defendant for
Test of Compulsoriness”) (Metropolitan contribution, indemnity, subrogation or any other
Bank and Trust Co. v. CPR Promotions relief, in respect of his or her opponent's claim.
and Marketing, Inc., G.R. No. 200567, 22 The third (fourth, etc.)-party complaint shall be
June 2015) denied admission, and the court shall require the
Permissive Counterclaim defendant to institute a separate action, where:
(a) the third (fourth, etc.)-party defendant cannot
Definition of Permissive Counterclaim be located within thirty (30) calendar days from
“[A] counterclaim is permissive if it does not arise the grant of such leave; (b) matters extraneous to
out of or is not necessarily connected with the the issue in the principal case are raised; or (c)
subject matter of the opposing party's claim. It is the effect would be to introduce a new and
essentially an independent claim that may be filed separate controversy into the action.
separately in another case.” (Sy-Vargas v. Estate Complaint-in-intervention
of Ogsos, G.R. No. 221062, 05 October 2016)
Effect on the Counterclaim when the Complaint Procedure
is Dismissed
When the presence of parties other than those to
Section 2. Rule 17. 2019 New Rules on Civil the original action is required for the granting of
Procedure complete relief in the determination of a
counterclaim or cross-claim, the court shall
In this situation, the plaintiff files a motion to
order them to be brought in as defendants, if
dismiss after the defendant has filed an answer
jurisdiction over them can be obtained.
with counterclaim. Plaintiff’s motion to dismiss is
then granted by the court. Thus— Reply
“XXX If a counterclaim has been pleaded by a
defendant prior to the service upon him or her of
the plaintiff's motion for dismissal, the dismissal
22
Section 10. Rule 6. 2019 New Rules on Civil which was not attached to or submitted together
Procedure with the Statement of Claim, unless good cause is
shown for the admission of additional evidence.
All new matters alleged in the answer are
deemed controverted. If the plaintiff wishes to The plaintiff must state in the Statement of Claims
interpose any claims arising out of the new if he/she/it is engaged in the business of lending,
matters so alleged, such claims shall be set forth banking and similar activities, and the number of
in an amended or supplemental complaint. small claims cases filed within the calendar year
However, the plaintiff may file a reply only if the regardless of judicial station.
defending party attaches an actionable document
No formal pleading, other than the Statement of
to his or her answer.
Claim/s described in this Rule, is necessary to
A reply is a pleading, the office or function of initiate a small claims action.
which is to deny, or allege facts in denial or
Response; What to file
avoidance of new matters alleged in, or relating
to, said actionable document. Section 13, The Revised Rules of Procedure for
Small Claims Cases, A.M. No. 08-8-7-SC
In the event of an actionable document attached
to the reply, the defendant may file a rejoinder if The defendant shall file with the court and serve
the same is based solely on an actionable on the plaintiff a duly accomplished and verified
document. Response within a non-extendible period of ten
(10) days from receipt of summons. The Response
Reply; When to File shall be accompanied by certified photocopies of
Section 6. Rule 11. 2019 New Rules on Civil documents, as well as affidavits of witnesses and
Procedure other evidence in support thereof. No evidence
shall be allowed during the hearing which was not
A reply, if allowed under Section 10, Rule 6 hereof,
attached to or submitted together with the
may be filed within fifteen (15) calendar days from
Response, unless good cause is shown for the
service of the pleading responded to.
admission of additional evidence.
Extensions of Time to File; Applicable only to
Counterclaims within the Coverage of Small
Answer
Claims Rule
Section 15, The Revised Rules of Procedure for
Procedure
A defendant may, for meritorious reasons, be
If at the time the action is commenced, the
granted an additional period of not more than
defendant possesses a claim against the plaintiff
thirty (30) calendar days to file an answer. A
that (a) is within the coverage of this Rule,
defendant is only allowed to file one (1) motion for
exclusive of interest and costs; (b) arises out of
extension of time to file an answer.
the same transaction or event that is the subject
A motion for extension to file any pleading, other matter of the plaintiff's claim; (c) does not require
than an answer, is prohibited and considered a for its adjudication the joinder of third parties; and
mere scrap of paper. The court, however, may (d) is not the subject of another pending action,
allow any other pleading to be filed after the time the claim shall be filed as a counterclaim in the
fixed by these Rules. Response; otherwise, the defendant shall be
barred from suing on the counterclaim.
Pleadings Allowed in Small Claims Cases
and Cases Covered by the Rules on The defendant may also elect to file a
Summary Procedure counterclaim against the plaintiff that does not
arise out of the same transaction or occurrence,
Commencement of a Small Claims Action
provided that the amount and nature thereof are
Section 6, The Revised Rules of Procedure for within the coverage of this Rule and the
Small Claims Cases, A.M. No. 08-8-7-SC prescribed docket and other legal fees are paid.
A small claims action is commenced by filing with Prohibited Pleadings and Motions under the Rules
the court an accomplished and verified Statement of Procedure for Small Claims Cases
of Claim (Form 1-SCC) in duplicate, accompanied
Section 16, The Revised Rules of Procedure for
by a Certification Against Forum Shopping,
Splitting a Single Cause of Action, and Multiplicity
of Suits (Form 1-A SCC), and two (2) duly certified The following pleadings, motions, or petitions
photocopies of the actionable document/s subject shall not be allowed in the cases covered by this
of the claim, as well as the affidavits of witnesses Rule:
and other evidence to support the claim. No
(a) Motion to dismiss the Statement of Claim/s;
evidence shall be allowed during the hearing
23
(b) Motion for a bill of particulars; (l) Interventions.
(c) Motion for new trial, or for reconsideration of Parts and Contents of a Pleading
a judgment, or for reopening of trial; Caption
(d) Petition for relief from judgment; Section 1. Rule 7. 2019 New Rules on Civil
Procedure
(e) Motion for extension of time to file pleadings,
affidavits, or any other paper; The caption sets forth the name of the court, the
title of the action, and the docket number if
(f) Memoranda;
assigned.
(g) Petition for certiorari, mandamus, or
The title of the action indicates the names of the
prohibition against any interlocutory order issued
parties. They shall all be named in the original
by the court;
complaint or petition; but in subsequent
(h) Motion to declare the defendant in default; pleadings, it shall be sufficient if the name of the
(i) Dilatory motions for postponement; first party on each side be stated with an
appropriate indication when there are other
(j) Reply and rejoinder; parties.
(k) Third-party complaints; and Their respective participation in the case shall be
(l) Interventions. indicated.
Pleadings Allowed under the Rules on Summary Signature and Address

Procedure Section 3. Rule 7. 2019 New Rules on Civil
Section 3(A), II, Rules on Summary Procedure Procedure
The only pleadings allowed to be filed are the (a) Every pleading and other written submissions
complaints, compulsory counterclaims and to the court must be signed by the party or
cross-claims pleaded in the answer, and the counsel representing him or her.
answers thereto.
(b) The signature of counsel constitutes a
Prohibited Pleadings and Motions under the Rules certificate by him or her that he or she has read
on Summary Procedure the pleading and document; that to the best of his
Section 19, IV, Rules on Summary Procedure or her knowledge, information, and belief, formed
after an inquiry reasonable under the
The following pleadings, motions, or petitions circumstances:
shall not be allowed in the cases covered by this
Rule: (1) It is not being presented for any improper
purpose, such as to harass, cause unnecessary
(a) Motion to dismiss the complaint or to quash delay, or needlessly increase the cost of litigation;
the complaint or information except on the
ground of lack of jurisdiction over the subject (2) The claims, defenses, and other legal
matter, or failure to comply with the preceding contentions are warranted by existing law or
section; jurisprudence, or by a non-frivolous argument for
extending, modifying, or reversing existing
(b) Motion for a bill of particulars; jurisprudence;
(c) Motion for new trial, or for reconsideration of (3) The factual contentions have evidentiary
a judgment, or for reopening of trial; support or, if specifically so identified, will likely
(d) Petition for relief from judgment; have evidentiary support after availment of the
modes of discovery under these rules; and
(e) Motion for extension of time to file pleadings,
affidavits or any other paper; (4) The denials of factual contentions are
warranted on the evidence or, if specifically so
(f) Memoranda; identified, are reasonably based on belief or a
(g) Petition for certiorari, mandamus, or lack of information.
prohibition against any interlocutory order issued (c) If the court determines, on motion or motu
by the court; proprio and after notice and hearing, that this rule
(h) Motion to declare the defendant in default; has been violated, it may impose an appropriate
sanction or refer such violation to the proper
(i) Dilatory motions for postponement;
office for disciplinary action, on any attorney, law
(j) Reply; firm, or party that violated the rule, or is
responsible for the violation. Absent exceptional
(k) Third party complaints;
circumstances, a law firm shall be held jointly and
24
severally liable for a violation committed by its of his or her knowledge, no such other action or
partner, associate, or employee. The sanction claim is pending therein; (b) if there is such other
may include, but shall not be limited to, non- pending action or claim, a complete statement of
monetary directive or sanction; an order to pay a the present status thereof; and (c) if he or she
penalty in court; or, if imposed on motion and should thereafter learn that the same or similar
warranted for effective deterrence, an order action or claim has been filed or is pending, he or
directing payment to the movant of part or all of she shall report that fact within five (5) calendar
the reasonable attorney's fees and other days therefrom to the court wherein his or her
expenses directly resulting from the violation, aforesaid complaint or initiatory pleading has
including attorney's fees for the filing of the been filed.
motion for sanction. The lawyer or law firm
The authorization of the affiant to act on behalf of
cannot pass on the monetary penalty to the client.
a party, whether in the form of a secretary's
Verification certificate or a special power of attorney, should
be attached to the pleading.
Procedure Failure to comply with the foregoing
requirements shall not be curable by mere
Except when otherwise specifically required by
amendment of the complaint or other initiatory
law or rule, pleadings need not be under oath or
pleading but shall be cause for the dismissal of
verified.
the case without prejudice, unless otherwise
A pleading is verified by an affidavit of an affiant provided, upon motion and after hearing. The
duly authorized to sign said verification. The submission of a false certification or non-
authorization of the affiant to act on behalf of a compliance with any of the undertakings therein
party, whether in the form of a secretary's shall constitute indirect contempt of court,
certificate or a special power of attorney, should without prejudice to the corresponding
be attached to the pleading, and shall allege the administrative and criminal actions. If the acts of
following attestations: the party or his or her counsel clearly constitute
(a) The allegations in the pleading are true and willful and deliberate forum shopping, the same
correct based on his or her personal knowledge, shall be ground for summary dismissal with
or based on authentic documents; prejudice and shall constitute direct contempt, as
well as a cause for administrative sanctions.
(b) The pleading is not filed to harass, cause
unnecessary delay, or needlessly increase the Contents of a Pleading
cost of litigation; and Section 6. Rule 7. 2019 New Rules on Civil
(c) The factual allegations therein have Procedure
evidentiary support or, if specifically so identified, Every pleading stating a party's claims or
will likewise have evidentiary support after a defenses shall, in addition to those mandated by
reasonable opportunity for discovery. Section 2, Rule 7, state the following:
The signature of the affiant shall further serve as (a) Names of witnesses who will be presented to
a certification of the truthfulness of the prove a party's claim or defense;
allegations in the pleading.
(b) Summary of the witnesses' intended
A pleading required to be verified that contains a testimonies, provided that the judicial affidavits of
verification based on "information and belief," or said witnesses shall be attached to the pleading
upon "knowledge, information and belief," or and form an integral part thereof. Only witnesses
lacks a proper verification, shall be treated as an whose judicial affidavits are attached to the
unsigned pleading. pleading shall be presented by the parties during
Certification Against Forum Shopping trial. Except if a party presents meritorious
reasons as basis for the admission of additional
Section 5. Rule 7. 2019 New Rules on Civil witnesses, no other witness or affidavit shall be
Procedure heard or admitted by the court; and
The plaintiff or principal party shall certify under (c) Documentary and object evidence in support
oath in the complaint or other initiatory pleading of the allegations contained in the pleading.
asserting a claim for relief, or in a sworn
certification annexed thereto and simultaneously Allegations in a Pleading
filed therewith: (a) that he or she has not
theretofore commenced any action or filed any
claim involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best
25
Manner of Making Allegations; In General Judgment
Section 1. Rule 8. 2019 New Rules on Civil Section 6. Rule 8. 2019 New Rules on Civil
Procedure Procedure
Every pleading shall contain in a methodical and In pleading a judgment or decision of a domestic
logical form, a plain, concise and direct statement or foreign court, judicial or quasi-judicial tribunal,
of the ultimate facts, including the evidence on or of a board or officer, it is sufficient to aver the
which the party pleading relies for his or her judgment or decision without setting forth matter
claim or defense, as the case may be. showing jurisdiction to render it. An authenticated
copy of the judgment or decision shall be attached
If a cause of action or defense relied on is based
to the pleading.
on law, the pertinent provisions thereof and their
applicability to him or her shall be clearly and Official Document or Acts
concisely stated. Section 9. Rule 8. 2019 New Rules on Civil
Alternative Causes of Actions or Defenses Procedure
Section 2. Rule 8. 2019 New Rules on Civil In pleading an official document or official act, it
Procedure is sufficient to aver that the document was issued
or the act was done in compliance with law.
A party may set forth two or more statements of
a claim or defense alternatively or hypothetically, Pleading an Actionable Document
either in one cause of action or defense or in Section 7. Rule 8. 2019 New Rules on Civil
separate causes of action or defenses. When two Procedure
or more statements are made in the alternative
and one of them if made independently would be Whenever an action or defense is based upon a
sufficient, the pleading is not made insufficient by written instrument or document, the substance of
the insufficiency of one or more of the alternative such instrument or document shall be set forth in
statements. the pleading, and the original or a copy thereof
shall be attached to the pleading as an exhibit,
Condition Precedent which shall be deemed to be a part of the
Definition of Condition Precedent pleading.
“In contracts containing a condition precedent, no How to Contest Such Documents

right or action is given or acquired until such Section 8. Rule 8. 2019 New Rules on Civil
condition is complied with; before the compliance Procedure
with the condition is accomplished there exists When an action or defense is founded upon a
nothing but the hope of acquiring such right.” written instrument, or attached to the
(Barretto v. The Municipal Board of Manila, G.R. corresponding pleading as provided in the
No. L-3148A, 05 March 1907) preceding section, the genuineness and due
Section 3. Rule 8. 2019 New Rules on Civil execution of the instrument shall be deemed
Procedure admitted unless the adverse party, under oath
specifically denies them, and sets forth what he
In any pleading, a general averment of the
or she claims to be the facts; but the requirement
performance or occurrence of all conditions
of an oath does not apply when the adverse party
precedent shall be sufficient.
does not appear to be a party to the instrument or
Fraud, Mistake, Malice, Intent, Knowledge and when compliance with an order for an inspection
Other Condition of the Mind, Judgments, Official of the original instrument is refused.
Documents or Acts
Specific Denials
Fraud, mistake, malice, intent, knowledge and Section 10. Rule 8. 2019 New Rules on Civil
other conditions of the mind, judgments, official Procedure
documents or acts
A defendant must specify each material allegation
Fraud, Mistake, Condition of the Mind of fact the truth of which he or she does not admit
Section 5. Rule 8. 2019 New Rules on Civil and, whenever practicable, shall set forth the
Procedure substance of the matters upon which he or she
relies to support his or her denial. Where a
In all averments of fraud or mistake, the
defendant desires to deny only a part of an
circumstances constituting fraud or mistake must
averment, he or she shall specify so much of it as
be stated with particularity. Malice, intent,
is true and material and shall deny only the
knowledge, or other condition of the mind of a
remainder. Where a defendant is without
person may be averred generally.
knowledge or information sufficient to form a
26
belief as to the truth of a material averment made the court within thirty (30) calendar days from the
to the complaint, he or she shall so state, and this termination of the summary hearing.
shall have the effect of a denial.
(e) Affirmative defenses, if denied, shall not be the
Effect of Failure to Make Specific Denials subject of a motion for reconsideration or petition
for certiorari, prohibition or mandamus, but may
be among the matters to be raised on appeal after
Procedure
a judgment on the merits.
Material averments in a pleading asserting a
claim or claims, other than those as to the amount
Effect of Failure to Plead
of unliquidated damages, shall be deemed Failure to Plead Defenses and Objections
admitted when not specifically denied.
When a Specific Denial Requires an Oath Procedure
Section 8. Rule 8. 2019 New Rules on Civil Defenses and objections not pleaded either in a
Procedure motion to dismiss or in the answer are deemed
When an action or defense is founded upon a waived. However, when it appears from the
written instrument, or attached to the pleadings or the evidence on record that the court
corresponding pleading as provided in the has no jurisdiction over the subject matter, that
preceding section, the genuineness and due there is another action pending between the same
execution of the instrument shall be deemed parties for the same cause, or that the action is
admitted unless the adverse party, under oath barred by a prior judgment or by statute of
specifically denies them, and sets forth what he limitations, the court shall dismiss the claim.
or she claims to be the facts; but the requirement Failure to Plead a Compulsory Counterclaim and
of an oath does not apply when the adverse party Cross-Claim
does not appear to be a party to the instrument or
when compliance with an order for an inspection
Procedure
of the original instrument is refused.
A compulsory counterclaim, or a cross-claim, not
Affirmative Defenses
set up shall be barred.
Procedure Default
(a) A defendant shall raise his or her affirmative When a Declaration of Default is Proper
defenses in his or her answer, which shall be Section 1. Rule 9. 2019 New Rules on Civil
limited to the reasons set forth under Section 5 Procedure
(b), Rule 6, and the following grounds: If the defending party fails to answer within the
1. That the court has no jurisdiction over the time allowed therefor, the court shall, upon
person of the defending party; motion of the claiming party with notice to the
defending party, and proof of such failure, declare
2. That venue is improperly laid; the defending party in default. Thereupon, the
3. That the plaintiff has no legal capacity to sue; court shall proceed to render judgment granting
the claimant such relief as his or her pleading
4. That the pleading asserting the claim states no
may warrant, unless the court in its discretion
cause of action; and
requires the claimant to submit evidence. Such
5. That a condition precedent for filing the claim reception of evidence may be delegated to the
has not been complied with. clerk of court.
(b) Failure to raise the affirmative defenses at the XXX
earliest opportunity shall constitute a waiver
Requisites for a Proper Declaration in Default
thereof.
In order for the declaration of default to be
(c) The court shall motu proprio resolve the above
proper, the following requisites must concur—
affirmative defenses within thirty (30) calendar
days from the filing of the answer. 1. The court has validly acquired
jurisdiction over the person of the
(d) As to the other affirmative defenses under the
defending party either by service of
first paragraph of Section 5 (b), Rule 6, the court
summons or voluntary appearance;
may conduct a summary hearing within fifteen
2. The defending party failed to file the
(15) calendar days from the filing of the answer.
answer within the time allowed therefor;
Such affirmative defenses shall be resolved by
27
3. A motion to declare the defending party Payment of Docket Fees
in default has been filed by the claiming
“The Court explicitly pronounced that ‘[t]he court
party with notice to the defending party.
acquires jurisdiction over any case only upon the
(Spouses Lumanas v. Sablas, G.R. No.
payment of the prescribed docket fee.’ Hence, the
144568, 03 July 2007)
payment of docket fees is not only mandatory, but
Effect of an Order of Default also jurisdictional.” (Ruby Shelter Builders and
Section 1(a). Rule 9. 2019 New Rules on Civil Realty Development Corporation v. Formaran III,
Procedure G.R. No. 175914, 10 February 2009 citing
Manchester Development Corp. v. Court of
A party in default shall be entitled to notices of Appeals, G.R. No. 75919 (Resolution), 07 May 1987)
subsequent proceedings but shall not take part in
the trial. Distinguish: Filing and Service of Pleadings
Relief from order of default
Procedure
Section 1(b). Rule 9. 2019 New Rules on Civil
Procedure Filing is the act of submitting the pleading or other
paper to the court.
A party declared in default may at any time after
notice thereof and before judgment, file a motion Service is the act of providing a party with a copy
under oath to set aside the order of default upon of the pleading or any other court submission. If a
proper showing that his or her failure to answer party has appeared by counsel, service upon such
was due to fraud, accident, mistake or excusable party shall be made upon his or her counsel,
negligence and that he or she has a meritorious unless service upon the party and the party's
defense. In such case, the order of default may be counsel is ordered by the court. Where one
set aside on such terms and conditions as the counsel appears for several parties, such counsel
judge may impose in the interest of justice. shall only be entitled to one copy of any paper
served by the opposite side.
Effect of partial default
Section 1(c). Rule 9. 2019 New Rules on Civil XXX
Procedure Periods of Filing Pleadings: A Summary (Rule 11)
When a pleading asserting a claim states a What to file How many Starting from
common cause of action against several days
defending parties, some of whom answer and the
others fail to do so, the court shall try the case After the
against all upon the answers thus filed and Answer to the
service of
render judgment upon the evidence presented. complaint,
30 summons,
Answer to
Extent of relief to be Awarded calendar unless a
third-(fourth-
Section 1(d). Rule 9. 2019 New Rules on Civil days different
etc.)party
Procedure period is fixed
complaint
by court
A judgment rendered against a party in default
shall neither exceed the amount or be different in After the
kind from that prayed for nor award unliquidated receipt of
damages. summons by
Answer of a
Actions where default are not allowed 60 the
defendant
calendar government
Section 1(e). Rule 9. 2019 New Rules on Civil foreign
days official
Procedure juridical entity
designated by
If the defending party in an action for annulment law to receive
or declaration of nullity of marriage or for legal the same
separation fails to answer, the court shall order
the Solicitor General or his or her deputized Answer to an After being
30
public prosecutor, to investigate whether or not a amended served with a
calendar
collusion between the parties exists, and if there complaint, as a copy thereof*
days
is no collusion, to intervene for the State in order matter of right
to see to it that the evidence submitted is not
fabricated. 15 calendar From the
Answer to
days notice of the
Filing and Service of Pleadings amended
order
28
complaint, by admitting the receipt, shall be considered as the date of their
leave of court same* filing, payment, or deposit in court. The envelope
shall be attached to the record of the case. In the
Answer to 20 From the date fourth case, the date of electronic transmission
counterclaim calendar of service shall be considered as the date of filing.
or cross-claim days
Manner of Filing: A Summary
From the Manner of filing Date considered filed
15 calendar service of the
Reply
days pleading Submitting personally The clerk of court
responded to the original thereof, shall endorse on the
plainly indicated as pleading the date and
From the such, to the court hour of filing.
notice of the
order Registered mail The date of the
Answer to 20
admitting the mailing of the
supplemental calendar
same, unless pleadings and other
complaint days
a different submissions, as
period is fixed shown by the post
by the court* office stamp on the
envelope or registry
*** Defendant receipt shall be
is allowed to Accredited courier considered as the
Not more
Extension of file only one date of their filing or
than 30
time to file an motion for submission in court.
calendar
answer ** extension to The envelope shall be
days
time to file an attached to the
answer record of the case.
* An answer earlier filed may serve as the answer Transmitting them by The date of electronic
to the amended complaint if no new answer is electronic mail or transmission shall be
filed. other electronic considered as the
** A motion for extension to file any pleading, means as may be date of filing.
other an answer, is prohibited and considered a authorized by the
mere scrap of paper. The court, however, may Court in places where
allow any other pleading to be filed after the time the court is
fixed by these Rules. electronically
equipped.
Manner of Filing
Section 3. Rule 13. 2019 New Rules on Civil Modes of Service
Procedure Section 5. Rule 13. 2019 New Rules on Civil
Procedure
The filing of pleadings and other court
submissions shall be made by: Pleadings, motions, notices, orders, judgments,
and other court submissions shall be served
(a) Submitting personally the original thereof,
personally or by registered mail, accredited
plainly indicated as such, to the court;
courier, electronic mail, facsimile transmission,
(b) Sending them by registered mail; other electronic means as may be authorized by
the Court, or as provided for in international
(c) Sending them by accredited courier; or
conventions to which the Philippines is a party.
(d) Transmitting them by electronic mail or other
Personal Service
electronic means as may be authorized by the
Court in places where the court is electronically Section 6. Rule 13. 2019 New Rules on Civil
equipped. Procedure
In the first case, the clerk of court shall endorse Court submissions may be served by personal
on the pleading the date and hour of filing. In the delivery of a copy to the party or to the party's
second and third cases, the date of the mailing of counsel, or to their authorized representative
motions, pleadings, and other court submissions, named in the appropriate pleading or motion, or
and payments or deposits, as shown by the post by leaving it in his or her office with his or her
office stamp on the envelope or the registry clerk, or with a person having charge thereof. If
29
no person is found in his or her office, or his or copy of the judgment, final order, or resolution
her office is not known, or he or she has no office, may be delivered by accredited courier at the
then by leaving the copy, between the hours of expense of such party. When a party summoned
eight in the morning and six in the evening, at the by publication has failed to appear in the action,
party's or counsel's residence, if known, with a judgments, final orders or resolutions against
person of sufficient age and discretion residing him or her shall be served upon him or her also
therein. by means of publication at the expense of the
prevailing party.
Service by Registered Mail
Conventional Service or Filing of Orders,
Service by Accredited Courier
Pleadings, and Other Documents
Section 7. Rule 13. 2019 New Rules on Civil Section 14. Rule 13. 2019 New Rules on Civil
Procedure Procedure
Service by registered mail shall be made by Notwithstanding the foregoing, the following
depositing the copy in the post office, in a sealed orders, pleadings, and other documents must be
envelope, plainly addressed to the party or to the served or filed personally or by registered mail
party's counsel at his or her office, if known, when allowed, and shall not be served or filed
otherwise at his or her residence, if known, with electronically, unless express permission is
postage fully pre-paid, and with instructions to granted by the Court:
the postmaster to return the mail to the sender
after ten (10) calendar days if undelivered. If no (a) Initiatory pleadings and initial responsive
registry service is available in the locality of pleadings, such as an answer;
either the sender or the addressee, service may (b) Subpoenae, protection orders, and writs;
be done by ordinary mail.
(c) Appendices and exhibits to motions, or other
Service by Electronic Mail, Facsimile documents that are not readily amenable to
Transmission, or Other Electronic Means electronic scanning may, at the option of the party
Section 8. Rule 13. 2019 New Rules on Civil filing such, be filed and served conventionally;
Procedure and
Service by electronic means and facsimile shall (d) Sealed and confidential documents or records.
be made if the party concerned consents to such Section 18. Rule 13. 2019 New Rules on Civil
modes of service. Procedure
Service by electronic means shall be made by The court may electronically serve orders and
sending an e-mail to the party's or counsel's other documents to all the parties in the case
electronic mail address, or through other which shall have the same effect and validity as
electronic means of transmission as the parties provided herein. A paper copy of the order or
may agree on, or upon direction of the court. other document electronically served shall be
Service by facsimile shall be made by sending a retained and attached to the record of the case.
facsimile copy to the party's or counsel's given When Service is Deemed Complete
facsimile number.
Service as Provided for in International Procedure
Conventions
Personal service is complete upon actual
Section 9. Rule 14. 2019 New Rules on Civil delivery. Service by ordinary mail is complete
Procedure upon the expiration of ten (10) calendar days after
Service may be made through methods which are mailing, unless the court otherwise provides.
consistent with established international Service by registered mail is complete upon
conventions to which the Philippines is a party. actual receipt by the addressee, or after five (5)
calendar days from the date he or she received
Service of Judgments, final orders or the first notice of the postmaster, whichever date
Resolutions; Service of Court-issued Orders and is earlier. Service by accredited courier is
Other Documents complete upon actual receipt by the addressee, or
Section 13. Rule 13. 2019 New Rules on Civil after at least two (2) attempts to deliver by the
Procedure courier service, or upon the expiration of five (5)
calendar days after the first attempt to deliver,
Judgments, final orders, or resolutions shall be whichever is earlier.
served either personally or by registered mail.
Upon ex parte motion of any party in the case, a Electronic service is complete at the time of the
electronic transmission of the document, or when
30
available, at the time that the electronic in this mode of
notification of service of the document is sent. filing, but does not
Electronic service is not effective or complete if exist in the records
the party serving the document learns that it did
not reach the addressee or person to be served. Personal filing Written or stamped
acknowledgment of its
Proof of Filing
filing by the clerk of
Section 16. Rule 13. 2019 New Rules on Civil court on a copy of the
Procedure pleading
The filing of a pleading or any other court
submission shall be proved by its existence in the Registered Mail Registry receipt and the
record of the case. affidavit of service of
the person who mailed
(a) If the pleading or any other court submission it
is not in the record, but is claimed to have been
filed personally, the filing shall be proven by the Accredited courier Affidavit of service of
written or stamped acknowledgment of its filing service the person who brought
by the clerk of court on a copy of the pleading or the pleading to the
court submission; service provider and
(b) If the pleading or any other court submission the courier’s official
was filed by registered mail, the filing shall be receipt and document
proven by the registry receipt and by the affidavit tracking number
of the person who mailed it, containing a full
statement of the date and place of deposit of the Electronic Mail Affidavit of electronic
mail in the post office in a sealed envelope filing of the filing party
addressed to the court, with postage fully prepaid, accompanied by a paper
and with instructions to the postmaster to return copy of the pleading or
the mail to the sender after ten (10) calendar days a written or stamped
if not delivered. acknowledgment of its
filing by the clerk of
(c) If the pleading or any other court submission
court
was filed through an accredited courier service,
the filing shall be proven by an affidavit of service Other authorized Affidavit of electronic
of the person who brought the pleading or other electronic means filing of the filing party
document to the service provider, together with and a copy of the
the courier's official receipt and document electronic
tracking number. acknowledgment of its
(d) If the pleading or any other court submission filing by the court
was filed by electronic mail, the same shall be
proven by an affidavit of electronic filing of the Proof of Service
filing party accompanied by a paper copy of the Section 17. Rule 13. 2019 New Rules on Civil
pleading or other document transmitted or a Procedure
written or stamped acknowledgment of its filing Proof of personal service shall consist of a
by the clerk of court. If the paper copy sent by written admission of the party served, or the
electronic mail was filed by registered mail, official return of the server, or the affidavit of the
paragraph (b) of this Section applies. party serving, containing a statement of the date,
(e) If the pleading or any other court submission place, and manner of service. If the service is
was filed through other authorized electronic made by:
means, the same shall be proven by an affidavit (a) Ordinary mail. — Proof shall consist of an
of electronic filing of the filing party accompanied affidavit of the person mailing stating the facts
by a copy of the electronic acknowledgment of its showing compliance with Section 7 of this Rule.
filing by the court.
(b) Registered mail. — Proof shall be made by the
Proof of Filing: A Summary affidavit mentioned above and the registry receipt
GR: Filing is proved by the existence of the issued by the mailing office. The registry return
pleading’s record in the case. card shall be filed immediately upon its receipt by
the sender, or in lieu thereof, the unclaimed letter
The pleading is together with the certified or sworn copy of the
How to prove the filing notice given by the postmaster to the addressee.
claimed to be filed
31
(c) Accredited courier service. — Proof shall be with the courier’s
made by an affidavit of service executed by the official receipt or
person who brought the pleading or paper to the document tracking
service provider, together with the courier's number
official receipt or document tracking number.
Email, facsimile or Affidavit of service
(d) Electronic mail, facsimile, or Other Authorized
other authorized executed by the
electronic means of transmission. — Proof shall
electronic person who sent the
be made by an affidavit of service executed by the
transmission email, facsimile or
person who sent the e-mail, facsimile, or other
other electronic
electronic transmission, together with a printed
transmission,
proof of transmittal.
together with a
How to Prove Service: A Summary printed proof of
transmittal
Mode of service Proof
Amendment
Personal service Written admission of Amendments in General
the party served or
the official return of Section 1. Rule 10. 2019 New Rules on Civil
the server or the Procedure
affidavit of the party Pleadings may be amended by adding or striking
serving, containing a out an allegation or the name of any party, or by
statement of the date, correcting a mistake in the name of a party or a
place and manner of mistaken or inadequate allegation or description
service in any other respect, so that the actual merits of
the controversy may speedily be determined,
Ordinary mail Affidavit of the person without regard to technicalities, in the most
mailing stating the expeditious and inexpensive manner.
facts showing
Amendment as a Matter of Right
compliance to Section
7, Rule 13 Section 2. Rule 10. 2019 New Rules on Civil
Procedure
Registered mail Affidavit of the person A party may amend his pleading once as a matter
mailing stating the of right at any time before a responsive pleading
facts showing is served or, in the case of a reply, at any time
compliance to Section within ten (10) calendar days after it is served.
7, Rule 13 and the
registry receipt Amendment by Leave of Court
issued by the mailing Section 3. Rule 10. 2019 New Rules on Civil
office Procedure
Except as provided in the next preceding Section,
substantial amendments may be made only upon
Registry return card
leave of court. But such leave shall be refused if
shall be filed
it appears to the court that the motion was made
immediately upon its
with intent to delay or confer jurisdiction on the
receipt by the sender,
court, or the pleading stated no cause of action
or in lieu thereof, the
from the beginning which could be amended.
unclaimed letter
Orders of the court upon the matters provided in
together with the
this Section shall be made upon motion filed in
certified sworn copy
court, and after notice to the adverse party, and
of the notice given by
an opportunity to be heard.
the postmaster to the
addressee Formal Amendment
Accredited courier Affidavit of service Procedure
service executed by the
A defect in the designation of the parties and
person who brought
other clearly clerical or typographical errors may
the pleading or paper
be summarily corrected by the court at any stage
to the service
of the action, at its initiative or on motion,
provider, together
32
provided no prejudice is caused thereby to the Contents of summons
adverse party. Section 2, Rule 14
Effect of Amended Pleading The summons shall be directed to the defendant,
Section 7. Rule 10. 2019 New Rules on Civil signed by the clerk of court under seal, and
Procedure contain:
An amended pleading supersedes the pleading (a) The name of the court and the names of
that it amends. However, admissions in the parties to the action;
superseded pleadings may be offered in evidence (b) When authorized by the court upon ex
against the pleader, and claims or defenses parte motion, an authorization for the
alleged therein not incorporated in the amended plaintiff to serve summons to the
pleading shall be deemed waived. defendant;
(c) A direction that the defendant answer
Supplemental Pleadings
within the time fixed by these Rules; and
Section 6. Rule 10. 2019 New Rules on Civil (d) A notice that unless the defendant so
Procedure answers, plaintiff will take judgment by
Upon motion of a party, the court may, upon a default and may be granted the relief
reasonable notice and upon such terms as are applied for.
just, permit him or her to serve a supplemental A copy of the complaint and order for appointment
pleading setting forth transactions, occurrences of guardian ad litem, if any, shall be attached to
or events which have happened since the date of the original and each copy of the summons.
the pleading sought to be supplemented. The
adverse party may plead thereto within ten (10) Duty of counsel
calendar days from notice of the order admitting Section 13, Rule 14
the supplemental pleading.
Where the summons is improperly served and a
Summons lawyer makes a special appearance on behalf of
the defendant to, among others, question the
Summons is the writ by which the defendant is
validity of service of summons, the counsel shall
notified of the action brought against him or her.
be deputized by the court to serve summons on
Nature and Purpose of Summons his or her client.
The most basic purpose is to satisfy the Return
requirements of procedural due process. (Riano) Section 20, Rule 14
In relation to actions in personam, in rem, and Within thirty (30) calendar days from issuance of
quasi in rem summons by the clerk of court and receipt
thereof, the sheriff or process server, or person
In an action in personam, the purpose of the
authorized by the court, shall complete its
summons is not only to comply with due process
service. Within five (5) calendar days from service
but also to acquire jurisdiction over the person of
of summons, the server shall file with the court
the defendant. (Riano)
and serve a copy of the return to the plaintiff’s
In an action in rem or quasi in rem, it is to acquire counsel, personally, by registered mail, or by
the jurisdiction over the res which principally electronic means authorized by the Rules.
matters. The service of summons or notice to the
Should substituted service have been effected,
defendant is not for the purpose of vesting the
the return shall state the following:
court with jurisdiction but merely for satisfying
the due process requirements. (Riano) (1) The impossibility of prompt personal
service within a period of thirty (30)
calendar days from issue and receipt of
When summons are issued summons;
Section 1, Rule 14 (2) The date and time of the three (3)
attempts on at least two (2) different
Unless the complaint is on its face dismissible
dates to cause personal service and the
under Section 1, Rule 9, the court shall, within five
details of the inquiries made to locate
(5) calendar days from receipt of the initiatory
the defendant residing thereat; and
pleading and proof of payment of the requisite
(3) The name of the person at least eighteen
legal fees, direct the clerk of court to issue the
(18) years of age and of sufficient
corresponding summons to the defendants.
discretion residing thereat, name of
competent person in charge of the
defendant’s office or regular place of
33
business, or name of the officer of the within the view and in the presence of the
homeowners’ association or defendant.
condominium corporation or its chief
security officer in charge of the
Substituted Service
community or building where the Section 6, Rule 14
defendant may be found. If, for justifiable causes, the defendant cannot be
Voluntary Appearance served personally after at least three (3) attempts
on two (2) different dates, service may be
Section 23, Rule 14
effected:
The defendant’s voluntary appearance in the
(a) By leaving copies of the summons at the
action shall be equivalent to service of summons.
defendant’s residence to a person at
The inclusion in a motion to dismiss of other
least eighteen (18) years of age and of
grounds aside from lack of jurisdiction over the
sufficient discretion residing therein;
person of the defendant shall be deemed a
(b) By leaving copies of the summons at the
voluntary appearance.
defendant’s office with some competent
Who may serve summons person in charge thereof. A competent
Section 3, Rule 14 person includes, but is not limited to, one
who customarily receives
The summons may be served by the sheriff, his or correspondences for the defendant;
her deputy, or other proper court officer, and in (c) By leaving copies of the summons, if
case of failure of service of summons by them, refused entry upon making his or her
the court may authorize the plaintiff to – serve the authority and purpose known, with any
summons – together with the sheriff. of the officers of the homeowners’
In cases where the summons is to be served association or condominium
outside the judicial region of the court where the corporation, or its chief security officer
case is pending, the plaintiff shall be authorized in charge of the community or the
to cause the service of summons. building where the defendant may be
found; and
If the plaintiff is a juridical entity, it shall notify the (d) By sending an electronic mail to the
court, in writing, and name its authorized defendant’s electronic mail address. If
representative therein, attaching a board allowed by the court.
resolution or secretary’s certificate thereto, as
the case may be, stating that such representative Constructive service
is duly authorized to serve the summons on Service upon a defendant where his identity is
behalf of the plaintiff. unknown or where his whereabouts are unknown
If the plaintiff misrepresents that the defendant Section 16, Rule 14
was served summons, and it is later proved that In any action where the defendant is designated
no summons were served, the case shall be as an unknown owner, or the like, or whenever
dismissed with prejudice, the proceedings shall his or her whereabouts are unknown and cannot
be nullified, and the plaintiff shall be meted be ascertained by diligent inquiry, within ninety
appropriate sanctions. (90) calendar days from the commencement of
If summons is returned without being served on action, service may, by leave of court, be effected
any or all the defendants, the court shall order the upon him or her by publication in a newspaper of
plaintiff to cause the service of summons by other general circulation and in such places and for
means available under the Rules. such time as the court may order.
Failure to comply with the order shall cause the Service upon residents temporarily outside the
dismissal of the initiatory pleading without Philippines
prejudice. Section 18, Rule 14
Personal Service When any action is commenced against a
Section 5, Rule 14 defendant who ordinarily resides within the
Philippines, but who is temporarily out of it,
Whenever practicable , the summons shall be service may, by leave of court, be also effected
served by handing a copy thereof to the defendant out of the Philippines, as under the preceding
in person and informing the defendant that he or Section.
she is being served, or if he or she refuses to
receive and sign for it, by leaving the summons Extraterritorial service, when allowed
34
Section 17, Rule 14 Philippines with a juridical personality, service
may be made on the president, managing partner,
When the defendant does not reside and is not
general manager, corporate secretary, treasurer,
found in the Philippines, and the action affects the
or in-house counsel of the corporation wherever
personal status of the plaintiff or relates to, or the
they may be found, or in their absence or
subject of which is property within the
unavailability, on their secretaries.
Philippines, in which the defendant has or claims
a lien or interest, actual or contingent, or in which If such service cannot be made upon any of the
the relief demanded consists wholly or in part, in foregoing persons, it shall be made upon the
excluding the defendant from any interest therein, person who customarily receives the
or the property of the defendant has been correspondence for the defendant at its principal
attached within the Philippines, service may, by office.
leave of court, be effected out of the Philippines
In case the domestic juridical entity is under
by personal service as under Section 6; or as
receivership or liquidation, service of summons
provided for in international conventions to which
shall be made on the receiver or liquidator, as the
the Philippines is a party; or by publication in a
case may be.
newspaper of general circulation in such places
and for such time as the court may order, in which Should there be a refusal on the part of the
case a copy of the summons and order of the persons above-mentioned to receive summons
court shall be sent by registered mail to the last despite at least three (3) attempts on two (2)
known address of the defendant, or in any other different dates, service may be made
manner the court may deem sufficient. Any order electronically, if allowed by the court, as provided
granting such leave shall specify a reasonable under Section 6 of this Rule.
time, which shall not be less than sixty (60) Section 14, Rule 14
calendar days after notice, within which the
defendant must answer. When the defendant is a foreign private juridical
entity which has transacted or is doing business
Service upon prisoners and minors; upon in the Philippines, as defined by law, service may
spouses be made on its resident agent designated in
Section 8, Rule 14 accordance with law for that purpose, or if there
be no agent, on the government official
When the defendant is a prisoner confined in a jail
designated by law to that effect, or on any of its
or institution, service shall be effected upon him
officers, agents, directors or trustees within the
or her by the officer having the management of
Philippines.
such jail or institution who is deemed as a special
sheriff for said purpose. The jail warden shall file If the foreign private juridical entity is not
a return within five (5) calendar days from service registered in the Philippines, or has no resident
of summons to the defendant. agent but has transacted or is doing business in
it, as defined by law, such service may, with leave
Section 10, Rule 14
of court, be effected outside of the Philippines
When the defendant is a minor, insane, or through any of the following means:
otherwise an incompetent person, service of
(a) By personal service coursed through the
summons shall be made upon him or her
appropriate court in the foreign country
personally and on his or her legal guardian if he
with the assistance of the department of
or she has one, or if none, upon his or her
foreign affairs;
guardian ad litem whose appointment shall be
(b) By publication once in a newspaper of
applied for by the plaintiff. In the case of a minor,
general circulation in the country where
service shall be made on his or her parent or
the defendant may be found and by
guardian.
serving a copy of the summons and the
Section 11, Rule 14 court order by registered mail at the last
When spouses are sued jointly, service of known address of the defendant;
summons should be made to each spouse (c) By facsimile;
individually. (d) By electronic means with the prescribed
proof of service; or
Service upon domestic or foreign private (e) By such other means as the court, in its
juridical entities discretion, may direct.
Section 12, Rule 14 Proof of service
When the defendant is a corporation, partnership
or association organized under the laws of the
35
Section 21, Rule 14 Section 3, Rule 15
The proof of service of a summons shall be made A motion shall state the relief sought to be
in writing by the server and shall set forth the obtained and the grounds upon which it is based,
manner, place, and date of service; shall specify and if required by these Rules or necessary to
any papers which have been served with the prove facts alleged therein, shall be accompanied
process and the name of the person who received by supporting affidavits and other papers.
the same; and shall be sworn to when made by a
Litigious and non-litigious motions; when notice
person other than a sheriff or his or her deputy.
of hearing necessary
If summons was served by electronic mail, a Section 4, Rule 15
printout of said e-mail, with a copy of the
summons as served, and the affidavit of the Motions which the court may act upon without
person mailing, shall constitute as proof of prejudicing the rights of adverse parties are non-
service. litigious motions. These motions include:
Section 22, Rule 14 a) Motion for the issuance of an alias

summons;
If the service has been made by publication, b) Motion for extension to file answer’
service may be proved by the affidavit of the c) Motion for postponement;
publisher, editor, business or advertising d) Motion for the issuance of a writ of
manager to which affidavit a copy of the execution;
publication shall be attached and by an affidavit e) Motion for the issuance of an alias writ
showing the deposit of a copy of the summons of execution;
and order for publication in the post office, f) Motion for the issuance of a writ of
postage prepaid, directed to the defendant by possession;
registered mail to his or her last known address. g) Motion for the issuance of an order
Motions directing the sheriff to execute the final
certificate of sale; and
Motions in general h) Other similar motions.
Definition of a motion These motions shall not be set for hearing and
Section 1, Rule 15 shall be resolved by the court within five (5)
A motion is an application for relief other than by calendar days from receipt thereof.
a pleading. Section 5, Rule 15
Distinguish: motions and pleadings (a) Litigious motions include:
Pleadings are the formal statements by the 1. Motion for bill of particulars;
parties of the operative facts which constitute 2. Motion to dismiss;
their respective claims and defenses. 3. Motion for new trial;
4. Motion for reconsideration;
Motions is an application for relief other than by a 5. Motion for execution pending
pleading. It does not raise claims or defenses in appeal;
an answer. 6. Motion to amend after a responsive
Contents and form of motions pleading has been filed;
7. Motion to cancel statutory lien;
Section 2, Rule 15
8. Motion for an order to break in or for
All motions shall be in writing except those made a writ of demolition;
in open court or in the course of a hearing or trial. 9. Motion for intervention;
A motion made in open court or in the course of a 10. Motion for judgment on the
hearing or trial should immediately be resolved in pleadings;
open court, after the adverse party is given the 11. Motion for summary judgment;
opportunity to argue his or her opposition thereto. 12. Demurrer to evidence;
13. Motion to declare defendant in
When a motion is based on facts not appearing on default; and
record, the court may hear the matter on 14. Other similar motions.
affidavits or depositions presented by the (b) All motions shall be served by personal
respective parties, but the court may direct that service, accredited private courier or
the matter be heard wholly or partly on oral registered mail, or electronic means so
testimony or depositions. as to ensure their receipt by the other
part.
36
(c) The opposing party shall file his or her evidence must still be terminated on the
opposition to a litigious motion within dates previously agreed upon.
five (5) calendar days from receipt
A motion for postponement, whether written or
thereof. No other submissions shall be
oral, shall, at all times, be accompanied by the
considered by the court in the resolution
original official receipt from the office of the clerk
of the motion.
of court evidencing payment of the postponement
The motion shall be resolved by the court within fee under Section 21(b), Rule 141, to be submitted
fifteen (15) calendar days from its receipt of the either at the time of the filing of said motion or not
opposition thereto, or upon expiration of the later than the next hearing date. The clerk of court
period to file such opposition. shall not accept the motion unless accompanied
by the original receipt.
Section 6, Rule 15
The court may, in the exercise of its discretion,
Motions for Bill of Particulars
and if deemed necessary for its resolution, call a Purpose and when applied for
hearing on the motion. The notice of hearing shall Section1, Rule 12
be addressed to all parties concerned, and shall
Before responding to a pleading, a party may
specify the time and date of the hearing.
move for a definite statement or for a bill of
Omnibus motion rule particulars of any matter, which is not averred
Section 9, Rule 15 with sufficient definiteness or particularity, to
enable him or her properly to prepare his or her
Subject to the provisions of Section 1 of Rule 8, a responsive pleading. If the pleading is a reply, the
motion attacking a pleading, order, judgment, or motion must be filed within ten (10) calendar days
proceeding shall include all objections then from service thereof. Such motion shall point out
available, and all objections not so included shall the defects complained of, the paragraphs
be deemed waived.. wherein they are contained, and the details
Prohibited motions desired.
Section 12, Rule 15 Actions of the court
The following motions shall not be allowed: Section 2, Rule 12
(a) Motion to dismiss except on the Upon the filing of the motion, the clerk of court
following grounds: must immediately bring it to the attention of the
1) That the court has no jurisdiction court, which may either deny or grant it outright,
over the subject matter of the claim; or allow the parties the opportunity to be heard.
2) That there is another actin pending Compliance with the order and effect of non-
between the same parties for the compliance
same cause; and
Section 3, Rule 12
3) That the cause of action is barred by
a prior judgment or by the statute of If the motion is granted, either in whole or in part,
limitations; the compliance therewith must be effected within
(b) Motion to hear affirmative defenses; ten (10) calendar days from notice of the order,
(c) Motion for reconsideration of the court’s unless a different period is fixed by the court. The
action on the affirmative defenses; bill of particulars or a more definite statement
(d) Motion to suspend proceedings without ordered by the court may be field either in a
a temporary restraining order or separate or in an amended pleading, serving a
injunction issued by a higher court; copy thereof on the adverse party.
(e) Motion for extension of time to file
Section 4, Rule 12
pleadings, affidavits or any other papers,
except a motion for extension to file an If the order is not obeyed or in case of insufficient
answer as provided by Section 11, Rule 11; compliance therewith, the court may order the
and striking out of the pleading or the portions thereof
(f) Motion for postponement intended for to which the order was directed, or make such
delay, except if based on acts of God, other order as it deems just.
force majeure or physical inability of the Effect on the period to file a responsive pleading
witness to appear and testify. If the
motion is granted based on such Section 5, Rule 12
exceptions, the moving party shall be After service of the bill of particulars or of a more
warned that the presentation of its definite pleading, or after notice of denial of his or
her motion, the moving party may file his or her
37
responsive pleading within the period to which he Section 3, Rule 17
or she was entitled at the time of filing his or her
If, for no justifiable cause, the plaintiff fails to
motion, which shall not be less than five (5)
appear on the date of the presentation of his or
calendar days in any event.
her evidence in chief on the complaint, or to
Dismissal of Actions prosecute his or her action for an unreasonable
length of time, or to comply with these Rules or
Dismissal with prejudice any order of the court, the complaint may be
Section 13, Rule 15 dismissed upon motion of the defendant or upon
Subject to the right of appeal, an order granting a the court’s own motion, without prejudice to the
motion to dismiss or an affirmative defense that right of the defendant to prosecute his or her
the cause of action is barred by a prior judgment counterclaim in the same or in a separate action.
or by the statute of limitations; that the claim or This dismissal shall have the effect of an
demand set forth in the plaintiff’s pleading has adjudication upon the merits, unless otherwise
been paid, waived, abandoned or otherwise declared by the court.
extinguished; or that the claim on which the action Dismissal of counterclaim, cross-claim, or third
is founded is unenforceable under the provisions party complaint
of the statute of frauds, shall bar the refiling of
Section 4. Rule 17
the same action or claim.
The provisions of this Rule shall apply to the
Dismissal upon notice by plaintiff dismissal of any counterclaim, cross-claim, or
Section 1, Rule 17 third-party complaint. A voluntary dismissal by
A complaint may be dismissed by the plaintiff by the claimant by notice as in Section 1 of this Rule,
filing a notice of dismissal at any time before shall be made before a responsive pleading or a
service of the answer or of a motion for summary motion for summary judgment is served or, if
judgment. Upon such notice being filed, the court there is none, before the introduction of evidence
shall issue and order confirming the dismissal. at the trial or hearing.
Unless otherwise stated in the notice, the Pre-trial
dismissal is without prejudice, except that a
notice operates as an adjudication upon the Concept of pre-trial
merits when filed by a plaintiff who has once A pre-trial is a procedural devise held prior to the
dismissed in a competent court on an action trial for the court to consider the purposes
based on or including the same claim. provided for in Section 2, Rule 18. (Riano)
Dismissal upon motion by plaintiff; effect on Nature and purpose
existing counterclaim
Section 2, Rule 18
Section 2, Rule 17
The pre-trial is mandatory and should be
Except as provided in the preceding section, a terminated promptly. The court shall consider:
complaint shall not be dismissed at the plaintiff’s
instance save upon approval of the court and (a) The possibility of an amicable settlement
upon such terms and conditions as the court or of a submission to alternative modes
deems proper. If a counterclaim has been pleaded of dispute resolution;
by a defendant prior to the service upon him or (b) The simplification of the issues;
her of the plaintiff’s motion for dismissal, the (c) The possibility of obtaining stipulations
dismissal shall be limited to the complaint. The or admissions of facts and of documents
dismissal shall be without prejudice to the right to avoid unnecessary proof;
of the defendant to prosecute his or her (d) The limitation of the number and
counterclaim in a separate action unless within identification of witnesses and the
fifteen (15) calendar days from notice of the setting of trial dates;
motion he or she manifests his or her preference (e) The advisability of a preliminary
to have his or her counterclaim resolved in the reference of issues to a commissioner;
same action. Unless otherwise specified in the (f) The propriety of rendering judgment on
order, a dismissal under this paragraph shall be the pleadings, or summary judgment or
without prejudice. A class suit shall not be of dismissing the action should a valid
dismissed or compromised without the approval ground therefor be found to exist;
of the court. (g) The requirement for the parties to:
1. Mark their respective evidence if not
Dismissal due to the fault of the plaintiff yet marked in the judicial affidavits
of their witnesses;
38
2. Examine and make comparisons of Section 4, Rule 18
the adverse parties’ evidence vis-à-
It shall be the duty of the parties and their counsel
vis the copies to be marked;
to appear at the pre-trial, court-annexed
3. Manifest for the record stipulations
mediation, and judicial dispute resolution, if
regarding the faithfulness of the
necessary. The non-appearance of a party and
reproductions and the genuineness
counsel may be excused only for acts of God,
and due execution of the adverse
force majeure, or duly substantiated physical
parties’ evidence;
inability.
4. Reserve evidence not available at
the pre-trial but only in the A representative may appear on behalf of a party,
following manner: but must be fully authorized in writing to enter
i. For testimonial evidence, by into an amicable settlement, to submit to
giving the name or position and alternative modes of dispute resolution, and to
the nature of the testimony of enter into stipulations or admissions of facts and
the proposed witness; documents.
ii. For documentary evidence Section 5, Rule 18
and other object evidence,
by giving a particular When duly notified, the failure of the plaintiff and
description of the counsel to appear without valid cause when so
evidence. required, pursuant to the next preceding Section,
(h) Such other matters as may aid in the shall cause the dismissal shall be with prejudice,
prompt disposition of the action. unless otherwise ordered by the court. A similar
failure on the part of the defendant and counsel
The failure without just cause of a party and shall be cause to allow the plaintiff to present his
counsel to appear during pre-trial, despite notice, or her evidence ex-parte within ten (10) calendar
shall result in a waiver of any objections to the days from termination of the pre-trial and the
faithfulness of the reproductions marked, or their court to render judgement on the basis of the
genuineness and due execution. evidence offered.
The failure without just cause of a party and/or
Pre-trial brief; effect of failure to appear
counsel to bring the evidence required shall be
deemed a waiver of the presentation of such Section 6, Rule 18
evidence. The parties shall file with the court and serve on
The branch clerk of court shall prepare the the adverse party, in such manner as shall ensure
minutes of the pre-trial, which shall have the their receipt thereof at least three (3) calendar
following format: (See prescribed form) days before the date of the pre-trial, their
respective pre-trial briefs which shall contain,
Notice of pre-trial among others:
Section 3, Rule 18 (a) A concise statement of the case and the
The notice of pre-trial shall include the dates reliefs prayed for;
respectively set for: (b) A summary of admitted facts and
proposed stipulation of facts;
(a) Pre-trial;
(c) The main factual and legal issues to be
(b) Court-Annexed Mediation; and
tired or resolved;
(c) Judicial Dispute Resolution, if
(d) The propriety of referral of factual
necessary.
issues to commissioners;
The notice of pre-trial shall be served on counsel, (e) The documents or other object evidence
or on the party if he or she has no counsel. The to be marked, stating the purpose
counsel served with such notice is charged with thereof;
the duty of notifying the party represented by him (f) The names of the witnesses, and the
or her. summary of their respective
testimonies; and
Non-appearance at any of the foregoing settings
(g) A brief statement of points of law and
shall be deemed as non-appearance at the pre-
citation of authorities.
trial and shall merit the same sanctions under
Section 5 hereof. Failure to file the pre-trial brief shall have the
same effect as failure to appear at the pre-trial.
Appearance of parties; effect of failure to
appear Section 5, Rule 18
When duly notified, the failure of the plaintiff and
counsel to appear without valid cause when so
39
required, pursuant to the next preceding Section, deemed to have waived the right to interpose
shall cause the dismissal shall be with prejudice, objection and conduct cross-examination.
unless otherwise ordered by the court. A similar
The contents of the pre-trial order shall control
failure on the part of the defendant and counsel
the subsequent proceedings, unless modified
shall be cause to allow the plaintiff to present his
before trial to prevent manifest injustice.
or her evidence ex-parte within ten (10) calendar
days from termination of the pre-trial and the Distinguish: pre-trial in civil cases and pre-
court to render judgement on the basis of the trial in criminal cases
evidence offered.
In civil cases, pre-trial is mandatory. (Riano)
Pre-trial order
In criminal cases cognizable by the
Section 7, Rule 18 Sandiganbayan, Regional Trial Court,
Upon termination of the pre-trial, the court shall Metropolitan Court, Municipal Trial Court in Cities,
issue an order within ten (10) calendar days which Municipal Trial Court, and Municipal Circuit Trial
shall recite in detail the matters taken up. The Court, pre-trial is also mandatory. (Riano)
order shall include: Intervention
(a) An enumeration of the admitted facts;
Requisites for intervention
(b) The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried; Section 1, Rule 19
(d) The applicable law, rules, and A person who has a legal interest in the matter in
jurisprudence; litigation, or in the success of either of the parties,
(e) The evidence marked; or an interest against both, or is so situated as to
(f) The specific trial dates for continuous be adversely affected by a distribution or other
trial, which shall be within the period disposition of property in the custody of the court
provided by the Rules; or of an officer thereof may, with leave of court,
(g) The case flowchart to be determined by be allowed to intervene in the action. The court
the court, which shall contain the shall consider whether or not the intervention will
different stages of the proceedings up to unduly delay or prejudice the adjudication of the
the promulgation of the decision and the rights of the original parties, and whether or not
use of time frames for each stage in the the intervenor’s rights may be fully protected in a
setting trial dates; separate proceeding.
(h) A statement that the one-day
examination of witness rule and most Time to intervene
important witness rule under A.M. No. Section 2, Rule 19
03-1-09-SC (Guidelines for Pre-Trial) The motion to intervene may be filed at any time
shall be strictly followed; and before rendition of judgment by the trial court. A
(i) A statement that the court shall render copy of pleading-in-intervention shall be attached
judgment on the pleadings or summary to the motion and served on the original parties.
judgment, as the case may be.
Remedy for the denial of motion to intervene
The direct testimony of witnesses for the plaintiff
shall be in the form of judicial affidavits. After the Section 1, Rule 65
identification of such affidavits, cross- When any tribunal, board or officer exercising
examination shall proceed immediately. judicial or quasi-judicial functions has acted
Postponement of presentation of the parties’ without or in excess of its or his jurisdiction, or
witnesses at a scheduled date is prohibited, with grave abuse of discretion amounting to lack
except if it is based on acts of God, force majeure or excess of jurisdiction, and there is no appeal,
or duly substantiated physical inability of the nor any plain, speedy, and adequate remedy in the
witness to appear and testify. The party who ordinary course of law, a person aggrieved
caused the postponement is warned that the thereby may file a verified petition in the proper
presentation of its evidence must still be court, alleging the facts with certainty and praying
terminated within the remaining dates previously that judgment be rendered annulling or modifying
agreed upon. the proceedings of such tribunal, board or officer,
and granting such incidental reliefs as law and
Should the opposing party fail to appear without justice may require.
valid cause stated in the next preceding
paragraph, the presentation of the scheduled The petition shall be accompanied by a certified
witness will proceed with the absent party being true copy of the judgment, order or resolution
subject thereof, copies of all pleadings and
documents relevant and pertinent thereto, and a
40
sworn certification of non-forum shopping as witness, may issue a warrant to the sheriff of the
provided in the third paragraph of Section 3, Rule province, or his or her deputy, to arrest the
46. witness and bring him or her before the court or
officer where his or her attendance is required,
The remedy of the aggrieved party is appeal. The
and the cost of such warrant and seizure of such
allowance or disallowance of a motion to
witness shall be paid by the witness if the court
intervene is addressed to the sound discretion of
issuing it shall determine that his or her failure to
the court hearing the case. This discretion, once
answer the subpoena was willful and without just
exercised, is not reviewable by certiorari or
excuse.
mandamus, save in instances where such
discretion is exercised in an arbitrary or Contempt
capricious manner. (Gallego vs. Galang, G.R. No. Sec. 9, Rule 21
130228, July 27, 2004)
Failure by any person without adequate cause to
Subpoena obey a subpoena served upon him or her shall be
deemed a contempt of the court from which the
Subpoena duces tecum
subpoena is issued. If the subpoena was not
Definition issued by a court, the disobedience thereto shall
Sec. 1, Rule 21 be punished in accordance with the applicable
Subpoena is a process directed to a person law or Rule.
requiring him or her to attend and to testify at the Quashing of subpoena
hearing or the trial of an action, or at any
Sec. 4, Rule 21
investigation conducted by competent authority,
or for the taking of his or her deposition. It may The court may quash a subpoena duces tecum
also require him or her to bring with him or her upon motion promptly made and, in any event, at
any books, documents, or other things under his or before the time specified therein if it is
or her control, in which case it is called a unreasonable and oppressive, or the relevancy of
subpoena duces tecum. the books, documents or things does not appear,
or if the person in whise behalf the subpoena is
Subpoena ad testificandum issued fails to advance the reasonable cost of the
Subpoena ad testificandum is a form of subpoena production thereof.
which requires a person to testify. The court may quash a subpoena ad testificandum
Service of subpoena on the ground that the witness is not bound
thereby. In either case, the subpoena may be
Modes of service
quashed on the ground that the witness fees and
Sec. 6, Rule 21 kilometrage allowed by these Rules were not
Service of a subpoena shall be made in the same tendered when the subpoena was served.
manner as personal or substituted service of Grounds for the quashal of a subpoena duces
summons. The original shall be exhibited and a tecum
copy thereof delivered to the person on whom it
is served. The service must be made so as to 1. Subpoena is unreasonable and
allow the witness a reasonable time for oppressive - has a tendency to infringe
preparation and travel to the place of attendance. on the right against invasion of privacy.
(In re: Petition for cancellation and
Costs for court attendance and the production of correction of entries in the record of
documents and other materials subject of the birth, Lee v. CA G.R. No. 177861, July 13,
subpoena shall be tendered or charged 2010)
accordingly. 2. Relevancy of books, documents or
Service of a subpoena shall be made in the same things does not appear
manner as personal or substituted service of 3. Movant fails to advance reasonable cost
summons (Macaspac v. Flores, A.M. No. P-05- of the production thereof. (Sec. 4, Rule
2072, August 13, 2008) 21)
4. Documents not specifically described or
Compelling attendance of witness; contempt designated
Compelling attendance 5. Documents covered by privilege like
Sec. 8, Rule 21 attorney-client privilege
6. Documents covered by RA 1405 or the
In case of a failure of a witness to attend, the
Banks Secrecy Law, but note the
court or judge issuing the subpoena, upon proof
exceptions
of the service thereof and of the failure of the
41
7. Documents covered by Foreign Currency Deposition before action; petition
Law Sec. 1, Rule 24
8. Executive Privilege
A person who desires to perpetuate his or her
Grounds for the quashal of a subpoena ad own testimony or that of another person
testificandum regarding any matter that may be cognizable in
1. The witness is not bound thereby. any court of the Philippines, may file a verified
2. In either case, the subpoena may be petition in the court of the place of residence of
quashed on the ground that the witness any expected adverse party.
fees and kilometrage allowed by these Deposition pending appeal
Rules were not tendered when the Sec. 7, Rule 24
subpoena was served.
If an appeal has been taken from a judgment of a
Computation of Time court, including the Court of Appeals in proper
How to compute time cases, or before the taking of an appeal if the time
Sec. 1, Rule 22 therefor has not expired, the court in which the
judgment was rendered may allow the taking of
In computing any period of time prescribed or depositions of witnesses to perpetuate their
allowed by these Rules, or by order of the court, testimony for use in the event of further
or by any applicable stature, the day of the act or proceedings in the said court. In such case the
event from which the designated period of time party who desires to perpetuate the testimony
begins to run is to be excluded and the date of may make a motion in the said court for leave to
performance is included. If the last day of the take the depositions, upon the same notice and
period, as thus computed, falls on a Saturday, a service thereof as if the action was pending
Sunday, or a legal holiday in the place where the therein. The motion shall state (a) the names and
court sits, the time shall not run until the next addresses of the persons to be examined and the
working day. substance of the testimony which he or she
Effect of interruption expects to elicit from each; and (b) the reason for
perpetuating their testimony. If the court finds
Sec. 2, Rule 22
that the perpetuation of the testimony is proper to
Should an act be done which effectively interrupts avoid a failure or delay of justice, it may make an
the running of the period, the allowable period order allowing the depositions to be taken, and
after such interruption shall start to run on the thereupon the depositions may be taken and used
day after notice of the cessation of the cause in the same manner and under the same
thereof. conditions as are prescribed in these Rules for
depositions taken in pending actions.
The day of the act that caused the interruption
shall be excluded in the computation of the Meaning of deposition
period.
To depose means to get the testimony of a person.
Modes of Discovery Depositions serve as a device for ascertaining the
Depositions pending action; depositions facts relative to the issues of the case. The
before action or pending appeal evident purpose is to enable the parties,
consistent with recognized privileges, to obtain
Definitions
the fullest possible knowledge of the issues and
Deposition pending action facts before civil trials and thus prevent the said
Sec. 1, Rule 23 trials from being carried out in the dark. (San Luis
Upon ex parte motion of a party, the testimony of v. Roxas, G.R. No. 159127. March 3, 2008)
any person, whether a party or not, may be taken Deposition serves the double function of a method
by deposition upon oral examination or written of discovery — with use on trial not necessarily
interrogatories. The attendance of witnesses may contemplated — and a method of presenting
be compelled by the use of a subpoena as testimony (Hyatt Industrial v. Ley Construction,
provided in Rule 21. Depositions shall be taken G.R. No. 147143. March 10, 2006).
only in accordance with these Rules. The
deposition of a person confined in prison may be Uses; scope of examination
taken only by leave of court on such terms as the Use of deposition of a party or a witness
court prescribes. Sec. 4, Rule 23
Deposition of a party – Adverse party may use
deposition:
42
1. To contradict or impeach the testimony When may taking of deposition be terminated or
of the party; limited
2. For any purpose, i.e., offer it in evidence Sec. 18, Rule 23
in support of its claim.
At any time during the taking of the deposition, on
Deposition of a witness – Any party may use motion or petition of any party or of the deponent
deposition: and upon a showing that the examination is being
conducted in bad faith or in such manner as
1. To contradict or impeach the testimony
unreasonably to annoy, embarrass, or oppress
of the party;
the deponent or party, the court in which the
2. For any purpose if the court finds:
action is pending or the Regional Trial Court of the
a. That the witness is dead; or
place where the deposition is being taken may
b. That the witness is out of the
order the officer conducting the examination to
province and at a greater
cease forthwith from taking the deposition, or
distance than one hundred
may limit the scope and manner of the taking of
(100) kilometers from the place
the deposition, as provided in Section 16 of this
of trial or hearing, or is out of
Rule. If the order made terminates the
the Philippines, unless it
examination, it shall be resumed thereafter only
appears that his absence was
upon the order of the court in which the action is
procured by the party offering
pending. Upon demand of the objecting party or
the deposition; or
deponent, the taking of the deposition shall be
c. That the witness is unable to
suspended for the time necessary to make a
attend to testify because of age,
notice for an order. In granting or refusing such
sickness, infirmity, or
order, the court may impose upon either party or
imprisonment; or
upon the witness the requirement to pay such
d. That the party offering the
costs or expenses as the court may deem
deposition has been unable to
reasonable.
procure the attendance of the
witness by subpoena; or Written interrogatories to adverse parties
e. Upon application and notice, Consequence of refusal to answer
that such exceptional Sec. 1, Rule 29
circumstances exist as to make
it desirable, in the interest of If a party or other deponent refuses to answer any
justice and with due regard to question upon oral examination, the examination
the importance of presenting may be completed on other matters or adjourned
the testimony of witnesses as the proponent of the question may prefer. The
orally in open court, to allow proponent may thereafter apply to the proper
the deposition to be used court of the place where the deposition is being
taken, for an order to compel an answer. The
Scope of examination same procedure may be availed of when a party
Sec. 2. Rule 23 or a witness refuses to answer any interrogatory
Unless otherwise ordered by the court as submitted under Rules 23 or 25.
provided by Section 16 or 18 of this Rule, the If the application is granted, the court shall
deponent may be examined regarding any matter, require the refusing party or deponent to answer
not privileged, which is relevant to the claim or the question or interrogatory and if it also finds
defense of any other party, including the that the refusal to answer was without
existence, description, nature, custody, condition, substantial justification, it may require the
and location of any books, documents, or other refusing party or deponent or the counsel
tangible things and the identity and location of advising the refusal, or both of them, to pay the
persons having knowledge of relevant facts. proponent the amount of the reasonable
When may objections to admissibility be made expenses incurred in obtaining the order,
including attorney's fees.
Sec. 6, Rule 23
If the application is denied and the court finds that
Subject to the provisions of Section 29 of this
it was filed without substantial justification, the
Rule, objections may be made at the trial or
court may require the proponent or the counsel
hearing to receiving in evidence any deposition or
advising the filing of the application, or both of
part thereof for any reason which would require
them, to pay to the refusing party or deponent the
the exclusion of the evidence if the witness were
amount of the reasonable expenses incurred in
then present and testifying.
43
opposing the application, including attorney's only and shall not constitute an admission by him
fees. or her for any other purpose nor may the same be
used against him or her in any other proceeding.
Effect of failure to serve written interrogatories
Sec. 6, Rule 25 Effect of failure to file and serve request for
admission
Unless thereafter allowed by the court for good
Sec. 5, Rule 26
cause shown and to prevent a failure of justice, a
party not served with written interrogatories may Unless otherwise allowed by the court for good
not be compelled by the adverse party to give cause shown and to prevent a failure of justice, a
testimony in open court, or to give a deposition party who fails to file and serve a request for
pending appeal. admission on the adverse party of material and
relevant facts at issue which are, or ought to be,
Request for admission within the personal knowledge of the latter, shall
Implied admission by adverse party not be permitted to present evidence on such
Sec. 2, Rule 26 facts.
Each of the matters of which an admission is Production or inspection of documents or
requested shall be deemed admitted unless, things
within a period designated in the request, which
Sec. 1, Rule 27
shall not be less than fifteen (15) calendar days
after service thereof, or within such further time Upon motion of any party showing good cause
as the court may allow on motion, the party to therefor, the court in which an action is pending
whom the request is directed files and serves may:
upon the party requesting the admission a sworn (a) order any party to produce and permit the
statement either denying specifically the matters inspection and copying or photographing, by or on
of which an admission is requested or setting behalf of the moving party, of any designated
forth in detail the reasons why he or she cannot documents, papers, books, accounts, letters,
truthfully either admit or deny those matters. photographs, objects or tangible things, not
Objections to any request for admission shall be privileged, which constitute or contain evidence
submitted to the court by the party requested material to any matter involved in the action and
within the period for and prior to the filing of his which are in his or her possession, custody or
or her sworn statement as contemplated in the control; or
preceding paragraph and his or her compliance (b) order any party to permit entry upon
therewith shall be deferred until such objections designated land or other property in his or her
are resolved, which resolution shall be made as possession or control for the purpose of
early as practicable. inspecting, measuring, surveying, or
Consequences of failure to answer request for photographing the property or any designated
admission relevant object or operation thereon.
Sec. 4, Rule 29 The order shall specify the time, place and
If a party after being served with a request under manner of making the inspection and taking
Rule 26 to admit the genuineness of any document copies and photographs, and may prescribe such
or the truth of any matter of fact, serves a sworn terms and conditions as are just.
denial thereof and if the party requesting the Physical and mental examination of persons
admissions thereafter proves the genuineness of
When examination may be ordered
such document or the truth of any such matter of
fact, he or she may apply to the court for an order Sec. 1, Rule 28
requiring the other party to pay him or her the In an action in which the mental or physical
reasonable expenses incurred in making such condition of a party is in controversy, the court in
proof, including reasonable attorney's fees. which the action is pending may in its discretion
Unless the court finds that there were good order him or her to submit to a physical or mental
reasons for the denial or that admissions sought examination by a physician.
were of no substantial importance, such order
shall be issued. Sec. 2, Rule 28
Order for examination
Effect of admission
Sec. 3, Rule 26 The order for examination may be made only on
motion for good cause shown and upon notice to
Any admission made by a party pursuant to such the party to be examined and to all other parties,
request is for the purpose of the pending action and shall specify the time, place, manner,
44
conditions and scope of the examination and the a. File a sworn answer to a
person or persons by whom it is to be made. Request for Admission
b. Comply with an order under
Consequences of refusal to comply with Rule 27 to produce any
modes of discovery document for inspection,
The law imposes serious sanctions on the party photocopying or photographing
who refuses to make discovery (Republic v. SB, c. Comply with an order under
G.R. No. 90478, November 21, 1991), such as: Rule 28 requiring him to submit
to physical or mental
1. Dismissing the action or proceeding or examination
part thereof, rendering judgment by d. Comply with an order to
default against disobedient party, answer designated questions
striking out all or any any part of the upon oral examination or
pleading of the party – Failure of a party written interrogatory
to: 6. Refusal to allow the disobedient party
a. Serve answers to written support or oppose designated claims or
interrogatories under Rule 25 defenses or staying further proceedings
b. Appear before the deposing – Failure of a party to:
officer for oral examination a. Comply with an order under
c. Comply with an order under Rule 27 to produce any
Rule 27 to produce any document for inspection,
document for inspection, photocopying or photographing
photocopying or photographing b. Comply with an order under
d. Comply with an order under Rule 28 requiring him to submit
Rule 28 requiring him to submit to physical or mental
to physical or mental examination
examination c. Comply with an order to
e. Comply with an order to answer designated questions
answer designated questions upon oral examination or
upon oral examination or written interrogatory
written interrogatory
2. Contempt of court – Trial
a. Refusal of a witness to be
Adjournments and postponements
sworn
b. Refusal of a witness to answer Sec. 2, Rule 30
any question after being A court may adjourn a trial from day to day, and
directed to do so by the court to any stated time, as the expeditious and
3. Arrest of the party or agent of the party convenient transaction of business may require,
– but shall have no power to adjourn a trial for a
a. In lieu of other consequences longer period than one month for each
under Sec. 3 when a party fails adjournment, nor more than three months in all,
or refuses to comply with an except when authorized in writing by the Court
order under Rule 27 on Administrator, Supreme Court.
production of document, Rule
28 on physical or mental The party who caused the postponement is
examination or with an order to warned that the presentation of its evidence must
answer designated questions. still be terminated on the remaining dates
4. Payment of the amount of reasonable previously agreed upon.
expenses incurred in obtaining a court Requisites of motion to postpone trial
order to compel discovery, including For absence of evidence
attorney’s fees – Failure of a party to:
a. Serve answers to written Under the Old Rules, specifically Sec. 3 of Rule 30,
interrogatories under Rule 25 provides that a motion to postpone a trial on the
b. Appear before the deposing ground of absence of evidence can be granted
officer for oral examination only upon affidavit showing the materiality or
5. Taking the matters inquired into as relevancy of such evidence, and that due diligence
established in accordance with the claim has been used to procure it.
of the party seeking discovery – Failure However, under the revised rules, such section
of a party to: has been deleted, meaning that absence of
45
evidence can no longer be used as a basis for If several defendants or third-party defendants,
postponement of trial. and so forth, having separate defenses appear by
different counsel, the court shall determine the
For illness of party or counsel
relative order of presentation of their evidence.
Sec. 3, Rule 30
Consolidation or severance of hearing or
A motion to postpone a trial on the ground of
illness of a party or counsel may be granted if:
trial
Sec. 2, Rule 31
1. it appears upon affidavit or sworn
certification that the presence of such The court, in furtherance of convenience or to
party or counsel at the trial is avoid prejudice, may order a separate trial of any
indispensable; and claim, cross-claim, counterclaim, or third-party
2. that the character of his or her illness is complaint, or of any separate issue or of any
such as to render his or her non- number of claims, crossclaims, counterclaims,
attendance excusable third-party complaints or issues.
Agreed statements of facts Delegation of reception of evidence

Sec. 7, Rule 30 Sec. 9, Rule 30
The parties to any action may agree, in writing, The judge of the court where the case is pending
upon the facts involved in the litigation, and shall personally receive the evidence to be
submit the case for judgment on the facts agreed adduced by the parties. However, in default or ex
upon, without the introduction of evidence. parte hearings, and in any case where the parties
agree in writing, the court may delegate the
Order of trial; reversal of order reception of evidence to its clerk of court who is
Sec. 5, Rule 30 a member of the bar. The clerk of court shall have
no power to rule on objections to any question or
Subject to the provisions of Section 2 of Rule 31,
to the admission of exhibits, which objections
and unless the court for special reasons
shall be resolved by the court upon submission of
otherwise directs, the trial shall be limited to the
his or her report and the transcripts within ten
issues stated in the pre-trial order and shall
(10) calendar days from termination of the
proceed as follows:
hearing.
(a) The plaintiff shall adduce evidence in support
of his or her complaint; Trial by commissioners
Reference by consent or ordered on motion
(b)The defendant shall then adduce evidence in
Sec. 1, Rule 32
support of his or her defense, counterclaim,
cross-claim and third-party complaint; By written consent of both parties, the court may
order any or all of the issues in a case to be
(c) The third-party defendant, if any, shall adduce
referred to a commissioner to be agreed upon by
evidence of his or her defense, counterclaim,
the parties or to be appointed by the court. As
cross-claim and fourth-party complaint;
used in these Rules, the word "commissioner"
(d) The fourth-party, and so forth, if any, shall includes a referee, an auditor and an examiner.
adduce evidence of the material facts pleaded by
Powers of the commissioner
them;
Sec. 3, Rule 32
(e) The parties against whom any counterclaim or
cross-claim has been pleaded, shall adduce Subject to the specifications and limitations
evidence in support of their defense, in the order stated in the order, the commissioner has and
to be prescribed by the court; shall exercise:
(f) The parties may then respectively adduce 1. The power to regulate the proceedings in
rebutting evidence only, unless the court, for good every hearing before him or her and to
reasons and in the furtherance of justice, permits do all acts and take all measures
them to adduce evidence upon their original case; necessary or proper for the efficient
and performance of his or her duties under
the order;
(g) Upon admission of the evidence, the case shall 2. He or she may issue subpoenas and
be deemed submitted for decision, unless the subpoenas duces tecum, swear
court directs the parties to argue or to submit witnesses, and;
their respective memoranda or any further 3. Unless otherwise provided in the order
pleadings. of reference, he or she may rule upon
the admissibility of evidence.
46
The trial or hearing before him or her shall Sec. 1, Rule 33
proceed in all respects as it would if held before
If demurrer to evidence is granted, the case shall
the court.
be dismissed.
Commissioner’s report; notice to parties and
hearing on the report
Waiver of right to present evidence
Sec. 1, Rule 33
Report of commissioner
Sec. 9, Rule 32 But on appeal the order of dismissal is reversed,
movant shall be deemed to have waived the right
Upon the completion of the trial or hearing or to present evidence.
proceeding before the commissioner, he or she
shall file with the court his or her report in writing Action on demurrer to evidence
upon the matters submitted to him or her by the Sec. 2, Rule 33
order of reference. When his or her powers are
not specified or limited, he or she shall set forth A demurrer to evidence will be subject to Rule 15.
his or her findings of fact and conclusions of law The order of denial of demurrer to evidence shall
in his or her report. He or she shall attach thereto not be subject of an appeal, or a petition on
all exhibits, affidavits, depositions, papers and the certiorari, prohibition or mandamus before
transcript, if any, of the testimonial evidence judgment.
presented before him or her. Distinguish: demurrer to evidence in a civil
Notice to parties of the filing of report case and demurrer to evidence in a criminal
Sec. 10, Rule 32 case
Sec. 1, Rule 33
Upon the filing of the report, the parties shall be
notified by the clerk, and they shall be allowed ten In a civil case, demurrer to evidence may be used
(10) calendar days within which to signify grounds if upon facts and the law, the plaintiff has shown
of objections to the findings of the report, if they no right to relief.
so desire. Objections to the report based upon Sec. 23, Rule 119
grounds which were available to the parties
during the proceedings before the commissioner, In a criminal case, demurrer to evidence may be
other than objections to the findings and availed of and the court may dismiss the criminal
conclusions therein set forth, shall not be case on the ground of insufficiency of evidence.
considered by the court unless they were made Judgments and Final Orders
before the commissioner.
Judgment after pre-trial
Hearing upon report
Sec. 7, Rule 18
Sec. 11, Rule 32
Within 10 calendar days after the termination of
Upon the expiration of the period of ten (10)
pre-trial, the court shall issue a pre-trial order
calendar days referred to in the preceding
containing: (a) enumeration of admitted facts;
section, the report shall be set for hearing, after
which the court shall issue an order adopting, (b) minutes of the pre-trial conference;
modifying, or rejecting the report in whole or in
(c) legal and factual issued to be resolved;
part, or recommitting it with instructions, or
requiring the parties to present further evidence (d) applicable laws, rules, and jurisprudence;
before the commissioner or the court. (e) evidence marked;
Demurrer to Evidence (f) specific trial dates for continuous trial, which
Grounds shall be within the period provided by the Rules;
Sec. 1, Rule 33 (g) case flowchart to be determined by the court,
which shall contain different stages of the
That upon facts and the law, the plaintiff has
proceedings up to the promulgation of the
shown no right to relief.
decision and the use of the time frames for each
Effect of denial stage setting the trial dates;
Sec. 1, Rule 33 (h) statement that the one-day examination of
If demurrer to evidence is denied, the movant witness rule and most important witness rule
shall have the right to present evidence. under A.M. No. 03-1-09-SC (Guidelines for Pre-
Trial) shall be strictly followed; and
Effect of grant
47
(i) statement that the court shall render judgment sought may, at any time move with supporting
on the pleadings or summary judgment as the affidavits, depositions or admission for a
case may be. summary judgment in his or her favor as to all or
any part thereof.
Contents of the pre-trial order shall control the
subsequent proceedings unless modified before When the case not fully adjudicated
trial to prevent manifest injustice. Sec. 4, Rule 35
Judgment without trial If judgment is not rendered upon the entire case
A judgment upon a compromise is one rendered or on all reliefs sought and trial is necessary,
by the court on the basis of a compromise court may ascertain material fact, including the
agreement entered into between parties to the extent to which the amount of damages or other
action (Diamond Builders Conglomeration v. relief is not in controversy, and direct further
County Bankers Corp., G.R. No. 171820, December proceedings in the action as are just. The facts so
13, 2007). ascertained shall be deemed ascertained shall be
deemed established, and the trial shall be
Judgment upon a confession is a judgment conducted on the controverted facts accordingly.
rendered by the court when a party expressly
agrees to the party’s claim or acknowledges the Affidavits and attachments
validity of the claim against him (Riano, 2019 Ed.). Sec. 5, Rule 35
Judgment on the pleadings Supporting and opposing affidavits shall be made

on personal knowledge, shall set forth such facts
Sec. 1, Rule 34
as would be admissible in evidence, and shall
Where the answer fails to tender an issue, or show affirmatively that the affiant is competent to
otherwise admits the material allegations of the testify to the matters stated therein. Certified true
adverse party’s pleading, the court may, on copies of all papers or parts thereof referred in
motion of that party, direct judgment on such the affidavit shall be attacked thereto or served
pleading. However, in actions for declaration of therewith.
nullity or annulment of marriage or for legal
Sec. 6, Rule 35
separation, the material facts alleged in the
complaint shall always be proved. Should it appear to its satisfaction at any time that
any of the affidavits were presented in bad faith,
The Court may motu proprio or on motion render
or solely for the purpose of delay, the court shall
judgment on the pleadings if it is apparent that the
forthwith order the offending party/counsel to pay
answer fails to tender an issue, or otherwise
to the other party the amount of the reasonable
admits the material allegations of the adverse
expenses which the filing of the affidavits caused
party’s pleadings. Otherwise, the motion shall be
him/her to incur, including attorney’s fees, it may,
subject to the provisions of Rule 15 (Motions).
after hearing further adjudge the offending
Sec. 2, Rule 34 party/counsel guilty of contempt.
Any action of the court on a motion for judgment Distinguish: judgment on the pleadings and
on the pleading shall not be subject of an appeal summary judgments
or petition for certiorari, prohibition, or
Sec. 1, Rule 34
mandamus.
Judgement on pleadings is done when an answer
Summary judgments fails to tender an issue, or otherwise admits the
For the claimant material allegations of the adverse party’s
Sec. 1, Rule 35 pleading.
A party seeking to recover upon a claim, Sec. 1, Rule 35
counterclaim, or cross-claim or to obtain a
Summary judgment is done when a party seeking
declaratory relief may, at any time after the
to recover upon a claim, counterclaim, or cross-
pleading in answer thereto has been served,
claim to obtain a declaratory relief, an answer is
move with supporting affidavits, depositions or
served, move with supporting affidavits,
admissions for summary judgment in his or her
depositions, or admissions for summary
favor upon all or any part thereof.
judgment in his/her favor upon all or any part
For the defendant thereof.
Sec. 2, Rule 35 Contents of a Judgment
A party against whom a claim, counterclaim, or
cross-claim is asserted or a declaratory relief is
48
Sec. 1, Rule 36 Denial of motion; effect
Judgment and final orders determining the merits Sec. 9, Rule 37
of the case shall be in writing, stating clearly and An order denying a motion for new trial or
distinctly the facts and the law on which it is reconsideration is not appealable, the remedy
based. being an appeal from the judgment or final order.
Rendition of judgments and final orders Grant of motion; effect
Judgment and final orders determining the merits If a new trial is granted in accordance with the
of the case shall be in writing personally and provision of Rule 37, the original judgment or final
directly prepared by the judge, stating clearly and order shall be vacated, and the action shall stand
distinctly the facts and the law on which it is for trial de novo; but the recorded evidence taken
based, signed by him, and filed with the clerk of upon the trial, in so far as the same is material
court. and competent to establish the issues, shall be
used at the new trial without retaking the same
Entry of judgment of final order
If no appeal or motion for new trial or If the grounds for a motion under Rule 37 appear
reconsideration within the time provided in the to the court to affect the issues as to only a part,
Rules, the judgment or final order shall forthwith or less than all of the matter in controversy, or
be entered by the clerk in the book of entries of only one, or less than all, of the parties to it, the
judgments. The date of the finality of the judgment court may order a new trial or grant
or final order shall be deemed to be the date of its reconsideration as to such issues if severable
entry. The record shall contain the dispositive without interfering with the judgment or final
part of the judgment or final order and shall be order upon the rest.
signed by the clerk, with a certificate that such Remedy when motion is denied, fresh 15-day rule
judgment or final order has become final and
executory. The “Fresh Period” rule or the Neypes Rule
provides that a movant has a “fresh period” of 15
Post-Judgment Remedies days from receipt or notice of the order denying
Motion for new trial or reconsideration or dismissing the motion for reconsideration
within which to file a notice of appeal. The rule not
Grounds only applies to Rule 41 governing appeals from
Sec. 1, Rule 37 the Regional Trial Courts but also to Rule 40
i. Fraud, accident, mistake or excusable governing appeals from the Municipal Trial Court
negligence which ordinary prudence could not to the Regional Trial Court, Rule 42 on petitions
have guarded against and by reason of which for review from Regional Trial Courts to the Court
such aggrieved party has probably been impaired of Appeals, Rule 43 on appeals from quasi-
in his rights; and judicial agencies to the Court of Appeals, and Rule
45 governing appeals by certiorari to the
ii. Newly discovered evidence, which he Supreme Court (Riano, 2019 Ed.).
could not, by reasonable diligence, have
discovered and produced at the trial, and which if Appeals in general
presented would probably alter the result Judgments and final orders subject to appeal
When to file Sec. 1, Rule 41
Sec. 1, Rule 37 An appeal may be taken from a judgment or final
order that completely disposes of the case, or of
Within the period for taking an appeal, aggrieved
a particular matter therein when declared by
party may move the trial court to set aside the
Rules to be appealable.
judgment or final order and grant a new trial (Sec.
1, Rule 37). Within the same period, the aggrieved Matters not appealable
party may also move for reconsideration upon the Sec. 1, Rule 41
grounds that the damages awarded are
excessive, that the evidence is insufficient to No appeal may be taken from:
justify the decision or final order, or that the i. Any order denying a petition for relief or
decision or final order is contrary to law. any similar motion seeking relief from judgment;
ii. An interlocutory order;
49
iii. An order disallowing or dismissing an Period of appeal
appeal; Sec. 3, Rule 41
iv. An order denying a motion to set aside a The appeal shall be taken within 15 days from
judgment by consent, confession or compromise notice of the judgment or final order appealed
on the ground of fraud, mistake or duress, or any from. Where a record on appeal is required, the
other ground vitiating consent; appellant shall file a notice of appeal and a record
v. An order of execution; on appeal within 30 days from notice of the
judgment or final order. However, on appeal in
vi. A judgment or final order for or against habeas corpus cases shall be taken within 48
one or more of several parties or in separate hours from notice of the judgment or final order
claims, counterclaims, cross-claims and third- appealed from.
party complaints, while the main case is pending,
unless the court allows an appeal therefrom; and Perfection of appeal
Sec. 9, Rule 41
vii. An order dismissing an action without
prejudice A party’s appeal by notice of appeal is deemed
perfected as to him upon the filing of the notice of
Remedy against judgments and orders which are
appeal in due time. A party’s appeal by record on
not appealable
appeal is deemed perfected as to him with
Sec. 1, Rule 41 respect to the subject matter thereof upon
In any of the circumstances where the order is approval of the record on appeal filed in due time.
not subject to appeal, the aggrieved party may file Appeal from judgments or final orders of the
an appropriate special civil action as provided in Metropolitan Trial Courts/Municipal Trial
Rule 65. Courts/Municipal Trial Courts in Cities/Municipal
Modes of appeal Circuit Trial Courts
Sec. 1, Rule 40
Ordinary Appeal, Sec. 2, Rule 41
An appeal from the judgment and final order of a
The appeal to the Court of Appeals in cases
Municipal Trial Court may be taken to the Regional
decided by the Regional Trial Court in the exercise
Trial Court exercising jurisdiction over the area to
of its original jurisdiction shall be taken by filing a
which the former pertains. The title of the case
notice of appeal with the court which rendered
shall remain as it was in the court of origin, but
the judgment or final order appealed from and
the party appealing the case shall be further
serving a copy thereof upon the adverse party. No
referred to as the appellant and the adverse party
record on appeal shall be required except in
as the appellee.
special proceedings and other cases of multiple
or separate appeals where the law or the Rules Sec. 2, Rule 40
so require. In such cases, the record on appeal
An appeal may be taken within 15 days after notice
shall be filed and severed in like manner.
to the appellant of the judgment or final order
Petition for review, Sec. 2, Rule 41 appealed from. Where record on appeal is
required, the appellant shall file a notice of appeal
The appeal to the Court of Appeals in cases
and record on appeal within 30 days after notice
decided by the Regional Trial Court in its exercise
of the judgement or final order.
of appellate jurisdiction shall be by petition for
review in accordance with Rule 42. Sec. 3, Rule 40
Petition for review on certiorari, Sec. 2, Rule 41 The appeal is taken by filing a notice of appeal
with the court that rendered the judgment or final
In all cases where only questions of laws are
order appealed from. The notice of appeal shall
raised or involved, the appeal shall be to the
indicate the parties to the appeal, the judgment or
Supreme Court by petition for review on certiorari
final order or part thereof appealed from, and
in accordance with Rule 45.
state the material dates showing the timeliness of
Issues to be raised on appeal the appeal. Copies of the notice of appeal, and the
Sec. 15, Rule 44 record on appeal where required, shall be served
on the adverse party
Whether or not the appellant has filed a motion
for new trial in the court below, he may include in Appeal from judgments or final orders of the
his assignment of errors any question of law or Regional Trial Courts
fact that has been raised in the court below and Sec. 2, Rule 41
which is within the issued framed by the parties.
Modes of appeal from judgments or final orders
of the Regional Trial Courts are (a) ordinary
50
appeal; (b) petition for review; and (c) appeal by for costs at the time of the filing of the petition.
certiorari. Proof of service of a copy thereof on the lower
court concerned and on the adverse party shall
Modes of appeal from the Regional Trial Court to
be submitted together with the petition.
the Court of Appeals are (a) writ of error (ordinary
appeal) and (b) petition for review. An ordinary Appeal from judgments or final orders of the
appeal is where appealed judgment was rendered Sandiganbayan
in a civil or criminal action by the Regional Trial Sec. 2, Rule 45
Court in the exercise of its original jurisdiction.
Petition for review where the judgment was A party desiring to appeal by certiorari from a
rendered by the Regional Trial Court in the judgment, final order or resolution of the Court of
exercise of its appellate jurisdiction. Tax Appeals, whenever authorized by law, may
file with the Supreme Court verified petition for
Sec. 1, Rule 42 review on certiorari (Sec. 1, Rule 45) within 15
A verified petition for review shall be filed with the days from notice of the judgment or final order or
Court of Appeals within 15 days from notice of the resolution appealed from, or of the denial of the
decision sought to be reviewed, paying at the petitioner’s motion for new trial or
same time to the clerk of said court the reconsideration filed in due time after notice of
corresponding docket and other lawful fees, the judgment.
depositing the amount of P500 for costs, and Sec. 1, Rule 45
furnishing the RTC and the adverse copy of the
petition. Upon proper motion and payment of the The petition may include an application for a writ
full amount of docket and other lawful fees and of preliminary injunction or other provisional
the deposit for costs before the expiration of the remedies and shall raise only questions of law,
reglementary period the CA may grant an which must be distinctly set forth.
additional period of 15 days only within which to Sec. 3, Rule 45
file the petition for review.
Petitioner shall pay the corresponding docket and
Sec. 2, Rule 41 other lawful fees to the clerk of court of the
Mode of appeal from the Regional Trial Court to Supreme Court and deposit the amount of P500
the Supreme Court is a petition for review on for costs at the time of the filing of the petition.
certiorari under Rule 45 for final orders and Proof of service of a copy thereof on the lower
judgment in the exercise of its original jurisdiction court concerned and on the adverse party shall
and where only on questions of law are raised and be submitted together with the petition.
involved. Appeal from judgments or final orders of the Tax
Appeal from judgments or final orders of the of Appeals
Court of Appeals Sec. 3, Rule 43
Sec. 2, Rule 45 Appeal under Rule 43 may be taken to the Court
A party desiring to appeal by certiorari from a of Appeals whether the appeal involves questions
judgment, final order or resolution of the Court of of fact, of law, or mixed questions of fact and law.
Tax Appeals, whenever authorized by law, may Sec. 2, Rule 43
The appeal may be taken within 15 days from
review on certiorari (Sec. 1, Rule 45) within 15
notice of the award, judgment, final order or
days from notice of the judgment or final order or
resolution, or from the date of its last publication
resolution appealed from, or of the denial of the
is required by law for its effectivity, or of the
petitioner’s motion for new trial or
denial of petitioner’s motion for new trial or
reconsideration filed in due time after notice of
reconsideration duly filed in accordance with the
the judgment.
governing law of the court or agency a quo. This
Sec. 1, Rule 45 type of appeal shall not apply to judgments or
The petition may include an application for a writ final orders issued under the Labor Code of the
of preliminary injunction or other provisional Philippines.
remedies and shall raise only questions of law, Sec. 4, Rule 43
which must be distinctly set forth.
Only one motion for reconsideration shall be
Sec. 3, Rule 45 allowed. Upon proper motion and the payment of
Petitioner shall pay the corresponding docket and the full amount of the docket fee before the
other lawful fees to the clerk of court of the expiration of the reglementary period, the CA may
Supreme Court and deposit the amount of P500 grant an additional period of 15 days only within
which to file the petition for review.
51
Sec. 2, Rule 45 Review of final judgments or final orders of the
Civil Service Commission
A party desiring to appeal by certiorari from a
judgment, final order or resolution of the Court of Please refer to the previous sub-topic.
Tax Appeals, whenever authorized by law, may
Review of final judgments or final orders of the
Ombudsman
review on certiorari (Sec. 1, Rule 45) within 15
days from notice of the judgment or final order or Please refer to the previous sub-topic.
resolution appealed from, or of the denial of the Review of final judgments or final orders of the
petitioner’s motion for new trial or National Labors Commission
reconsideration filed in due time after notice of
the judgment. The remedy of a party aggrieved by the decision
of the National Labor Relations Commission is to
Sec. 1, Rule 45 promptly move for reconsideration of the decision
The petition may include an application for a writ and, if denied, to timely file a special civil action
of preliminary injunction or other provisional for certiorari under Rule 65 within 16 days from
remedies and shall raise only questions of law, notice of the decision. In observance of the
which must be distinctly set forth. doctrine of hierarchy of courts, the petition for
certiorari should be filed with the Court of
Sec. 3, Rule 45
Appeals (St. Martin Funeral Homes v. NLRC, G.R.
Petitioner shall pay the corresponding docket and No. 130866, September 16, 1998).
other lawful fees to the clerk of court of the
Review of final judgments or final orders of
Supreme Court and deposit the amount of P500
quasi-judicial agencies
for costs at the time of the filing of the petition.
Proof of service of a copy thereof on the lower Please refer to sub-topic on “Ombudsman.”
court concerned and on the adverse party shall
Relief from judgments, orders and other
be submitted together with the petition.
proceedings
Review of final judgments or final orders of the Grounds for availing of the remedy
Commission on Audit
Sec. 1, Rule 38
Sec. 3, Rule 43
When a judgment or final order is entered, or any
Appeal under Rule 43 may be taken to the Court other proceeding is thereafter taken against a
of Appeals whether the appeal involves questions party in any court through fraud, accident,
of fact, of law, or mixed questions of fact and law. mistake, or excusable negligence, he may file a
Sec. 2, Rule 43 petition in such court and in the same case
praying that the judgment, order or proceeding be
The appeal may be taken within 15 days from set aside.
notice of the award, judgment, final order or
resolution, or from the date of its last publication Time to file petition
is required by law for its effectivity, or of the Sec. 3, Rule 38
denial of petitioner’s motion for new trial or
A petition for relief must be filed within 60 days
reconsideration duly filed in accordance with the
after the petitioner learns of the judgment, final
governing law of the court or agency a quo. This
order, or other proceeding to be set aside, and not
type of appeal shall not apply to judgments or
more than 6 months after such judgment or final
final orders issued under the Labor Code of the
order was entered, or such proceeding was
Philippines.
taken.
Sec. 4, Rule 43
Contents of petition
Only one motion for reconsideration shall be Sec. 3, Rule 38
allowed. Upon proper motion and the payment of
the full amount of the docket fee before the A petition for relief must be verified and must be
expiration of the reglementary period, the CA may accompanied with affidavits showing fraud,
grant an additional period of 15 days only within accident, mistake, or excusable negligence relied
which to file the petition for review. upon, and the facts constituting the petitioner’s
good and substantial cause of action or defense,
Review of final judgments or final orders of the as the case may be.
Commission on Elections
Annulment of Judgments or final orders and
Please refer to the previous sub-topic. resolutions
52
Grounds for annulment Difference between finality of judgment for
Sec. 2, Rule 47 purposes of appeal; for purposes of
The annulment may be based only on the grounds execution
of extrinsic fraud and lack of jurisdiction. The term “final” when used to describe a judgment
Extrinsic fraud shall not be valid ground if it was may be used in two senses. In the first, it refers
availed of, or could have been availed of, in a to a judgment that disposes of a case in a manner
motion for new trial or petition for relief. that leaves nothing more to be done by the court
Period to file in respect thereto. In this sense, a final judgment
is distinguished from an interlocutory order
Sec. 3, Rule 47
which does not finally terminate or dispose of the
If based on extrinsic fraud, the action must be case (Rudecon Management Corp. vs. Singson,
filed within 4 years from its discovery; and if 4554 SCRA 612). Since the finality of a judgment
based on lack of jurisdiction, before it is barred by has the effect of ending the litigation, an
laches or estoppel. aggrieved party may then appeal from the
judgment. Under Sec. 1, Rule 41, an appeal may be
Effects of judgment of annulment
taken from a judgment or final order that
Sec. 7, Rule 47 completely disposes of the case. Under the same
A judgment of annulment shall set aside the rule, an appeal cannot be taken from an
questioned judgment or final order or resolution interlocutory order.
and render the same null and void, without In another sense, the word “final” may refer to a
prejudice to the original action being refiled in the judgment that is no longer appealable and is
proper court. However, where the judgment or already capable of being executed because the
final order or resolution is set aside on the ground period for appeal has elapsed without a party
of extrinsic fraud, the court may on motion order having perfected an appeal or if there has been
the trial court to try the case as if a timely motion appeal, it has already been resolved by a highest
for a new trial had been granted therein. possible tribunal (PCGG vs. Sandiganbayan, 455
Collateral attack of judgments SCRA 526). In this sense, the judgment is
commonly referred to a s one that is final and
A collateral attack is done through an action executory.
which asks for a relief other than the declaration
of nullity of the judgment but requires a When execution shall issue
determination of the issues raised are to be Execution as a matter of right
definitively settled (Rene Imperial, et al. v. Edgar
Execution shall issue as a matter of right, on
Armes, G.R. No. 178842, January 30, 2017).
motion, upon judgment or order that disposes of
Under the existing rules there are 3 ways by the action or proceeding upon the expiration of
which a final and executory judgment may be set the period to appeal therefrom if no appeal has
aside. The first is by petition for relief from been duly perfected. Otherwise, the execution
judgment under Rule 38, when judgment has been may forthwith be applied for in court of origin, on
taken against the party through fraud, accident, motion of the judgment obligee, submitted
mistake, or excusable negligence. The second is therewith certified true copies of the judgment/s
by direct action to annul and enjoin the or final order/s sought to be enforced and of the
enforcement of the challenged judgment. This entry thereof, with notice to the adverse party.
remedy presupposes that the challenged The appellate court may, on motion in the same
judgment is not void upon its face, but is entirely case, when the interest of justice so requires,
regular in form, and the alleged defect is one direct the court of origin to issue the writ of
which is not apparent upon its face or from the execution (Sec. 1, Rule 39 as amended by Circular
recitals contained in the judgment. The third is No. 24-94).
either a direct action, as certiorari, or by a
Discretionary execution
collateral attack against the challenged judgment
which is void upon its face, or that the nullity of Sec. 2, Rule 39
the judgment is apparent by virtue of its own On motion of the prevailing party with notice to
recitals (Macabingkil v. PHHC, G.R. No. L-29080, the adverse party filed in the trial court while it
August 17, 1976). has jurisdiction over the case and is in possession
Execution, Satisfaction, and Effect of of either the original record or record of appeal,
Judgment as the case may be, at the time of the filing of such
motion, such court may, in its discretion, order
execution of a judgment or final order even before
the expiration of the period to appeal. After the
53
trial court has lost jurisdiction, the motion for the motion for execution shall specify the
execution pending appeal may be filed in the amounts of the foregoing reliefs sought by the
appellate court. Discretionary execution may only movant.
issue upon good reasons to be stated in the
Execution of judgements for money
special order after due hearing
Sec. 9, Rule 39
How judgment is executed
(a) Immediate payment on demand- The
Execution by motion or by independent action officer shall demand from the judgement obligor
Sec. 6, Rule 39 the immediate payment of the full amount stated
A final and executory judgment or order may be in the writ of execution and all lawful fees. The
executed on motion within 5 years from the date judgment obligor shall pay in cash, certified bank
of its entry. After the lapse of such time, and check payable to the judgment obligee, or any
before it is barred by the statute of limitations a other form of payment acceptable to the latter,
judgment ay be enforced by action. The revived the amount of the judgment debt under proper
judgment may also be enforced by motion within receipt directy to the judgment obligee or his
5 years from the date of its entry thereafter by authorized representative if present at the time of
action before it is barred by the statute of payment. The lawful fees shall be handed under
limitations. proper receipt to the executing sheriff who shall
turn over the said amount within the same day to
Issuance and contents of a writ of execution the clerk of court of the court that issued the writ.
Sec. 8, Rule 39 If the judgment obligee or his authorized
The writ of execution shall: (1) issue in the name representative is not present to receive payment,
of the Republic of the Philippines from the court the judgment obligor shall deliver the aforesaid
which granted the motion; (2) state the name of payment ot the executing sheriff. The latter shall
the court, the case number and title, the turn over all the amounts coming into his
dispositive part of the subject and order; and (3) possession within the same day to the clerk of
require the sheriff or other proper officer to court that issued the writ, or if the same is not
whom it is directed to enforce the writ according practicable, deposit said amounts to a fiduciary
to its terms, in the manner hereinafter provided: account in the nearest government depository
bank of the Regional Trial Court of the locality. The
(a) If the execution be against the property clerk of said court shall thereafter arrange for the
of the judgment obligor, to satisfy the judgment, remittance of the deposit to the account of the
with interest, out of the real or personal property court that issued the writ whose clerk of court
of such judgment obligor. shall then deliver said payment to the judgment
(b) If it be against real or personal property obligee in satisfaction of the judgment. The
in the hands of personal representatives, heirs, excess, if any, shall be delivered to the judgment
devisees, legatees, tenants or trustees of the obligor while lawful fees shall be retained by the
judgment obligor, to satisfy the judgment, with clerk of court for disposition as provided by law.
interest out of such property; In no case shall the executing sheriff demand that
any payment by check be made payable to him.
(c) If it be for the sale of real or personal
property, to sell such property, describing it, and (b) Satisfaction by levy- If the judgment
apply the proceeds in conformity with the obligor cannot pay all or part of the obligation in
judgment, the material parts of which shall be case, certified bank or other mode of payment
recited in the writ of execution; acceptable to the judgment obligee, the officer
shall levy upon the properties of the judgment
(d) If it be for the delivery of the possession obligor of every kind and nature whatsoever
of real or personal property, to deliver which may be disposed of for value and not
possession of the same, describing it, to the party otherwise exempt from execution giving the latter
entitled thereto, and to satisfy the costs, the option to immediately choose which property
damages, rents, or profits covered by the or part thereof may be levied upon, sufficient to
judgment out of the personal property of the satisfy the judgment. If the judgment obligor does
person against whom it was rendered, and if not exercise the option, the officer shall first levy
sufficient personal property cannot be found, then on the personal properties, if any, and then on
out of the real property; and real properties if the personal properties are
(e) In all cases, the writ of execution shall insufficient to answer for the judgment. The
specifically state the amount of interest, costs, sheriff shall sell only a sufficient portion of the
damages, rents, or profits due as of the date of personal or real property of the judgment obligor
the issuance of the writ, aside from the principal which has been levied upon. When there is more
obligation under the judgment. For this purpose, property of the judgment obligor than is sufficient
54
to satisfy the judgment and lawful fees, he must title of any party and vest it in others, which shall
sell only so much of the personal or real property have the force and effect of a conveyance
as is sufficient to satisfy the judgment and lawful executed in due form of law.
fees. Real property, stocks, shares, debts, credits,
(b) Sale of real or personal property. — If the
and other personal property, or any interest in
judgment be for the sale of real or personal
either real or personal property, may be levied
property, to sell such property, describing it, and
upon in like manner and with like effect as under
apply the proceeds in conformity with the
a writ of attachment.
judgment.
(c) Garnishment of debts and credits- The
(c) Delivery or restitution of real property. — The
officer may levy on debts due the judgment
officer shall demand of the person against whom
obligor and other credits, including bank deposits,
the judgment for the delivery or restitution of real
financial interests, royalties, commissions and
property is rendered and all persons claiming
other personal property not capable of manila
rights under him to peaceably vacate the property
delivery in the possession or control of third
within 3 working days, and restore possession
parties. Levy shall be made by serving notice
thereof to the judgment obligee, otherwise, the
upon the person owing such debts or having in his
officer shall oust all such persons therefrom with
possession or control such credits to which the
the assistance, if necessary, of appropriate peace
judgment obligor is entitled. The garnishment
officers, and employing such means as may be
shall cover only such amount as will satisfy the
reasonably necessary to retake possession, and
judgment and all lawful fees. The garnishee shall
place the judgment obligee in possession of such
make a written report to the court within 5 days
property. Any costs, damages, rents or profits
from service of the notice of garnishment stating
awarded by the judgment shall be satisfied in the
whether or not the judgment obligor has
same manner as a judgment for money.
sufficient funds or credits to satisfy the amount of
the judgment. If not, the report shall state how (d) Removal of improvements on property subject
much funds or credits the garnishee holds for the of execution. — When the property subject of the
judgment obligor. The garnished amount in cash, execution contains improvements constructed or
or certified bank check issued in the name of the planted by the judgment obligor or his agent, the
judgment obligee, shall be delivered directly to officer shall not destroy, demolish or remove said
the judgment obligee within 10 working days from improvements except upon special order of the
service of notice on said garnishee requiring such court, issued upon motion of the judgment obligee
delivery, except the lawful fees which shall be after the hearing and after the former has failed
paid directly to the court. In the event there are to remove the same within a reasonable time
two or more garnishees holding deposits or fixed by the court.
credits sufficient to satisfy the judgment, the (e) Delivery of personal property. — In judgment
judgment obligor, if available, shall have the right for the delivery of personal property, the officer
to indicate the garnishee or garnishees who shall shall take possession of the same and forthwith
be required to deliver the amount due, otherwise, deliver it to the party entitled thereto and satisfy
the choice shall be made by the judgment obligee. any judgment for money as therein provided.
The executing sheriff shall observe the same
procedure under paragraph (a) with respect to Execution of special judgments
delivery of payment to the judgment obligee. Sec. 11, Rule 39
Execution of judgments for specific acts When a judgment requires the performance of
Sec. 9, Rule 39 any act other than those mentioned in the two
preceding sections, a certified copy of the
(a) Conveyance, delivery of deeds, or other judgment shall be attached to the writ of
specific acts; vesting title. — If a judgment directs execution and shall be served by the officer upon
a party to execute a conveyance of land or the party against whom the same is rendered, or
personal property, or to deliver deeds or other upon any other person required thereby, or by
documents, or to perform, any other specific act law, to obey the same, and such party or person
in connection therewith, and the party fails to may be punished for contempt if he disobeys such
comply within the time specified, the court may judgment.
direct the act to be done at the cost of the
disobedient party by some other person Effect of levy on third persons
appointed by the court and the act when so done Sec. 12, Rule 39
shall have like effect as if done by the party. If real
The levy on execution shall create a lien in favor
or personal property is situated within the
of the judgment obligee over the right, title and
Philippines, the court in lieu of directing a
interest of the judgment obligor in such property
conveyance thereof may by an order divest the
55
at the time of the levy, subject to liens and upon a judgment of foreclosure of a mortgage
encumbrances then existing. thereon.
Properties exempt from execution Proceedings where property is claimed by
Sec. 13, Rule 39 third persons; in relation to third party claim
Except as otherwise expressly provided by law,
in attachment and replevin
the following property, and no other, shall be Sec. 16, Rule 39
exempt from execution: If the property levied on is claimed by any person
(a) The judgment obligor's family home as other than the judgment obligor or his agent, and
provided by law, or the homestead in which he such person makes an affidavit of his title thereto
resides, and land necessarily used in connection or right to the possession thereof, stating the
therewith; grounds of such right or title, and serves the
same upon the officer making the levy and copy
(b) Ordinary tools and implements personally thereof, stating the grounds of such right or tittle,
used by him in his trade, employment, or and a serves the same upon the officer making
livelihood; the levy and a copy thereof upon the judgment
(c) Three horses, or three cows, or three obligee, the officer shall not be bound to keep the
carabaos, or other beasts of burden, such as the property, unless such judgment obligee, on
judgment obligor may select necessarily used by demand of the officer, files a bond approved by
him in his ordinary occupation; the court to indemnity the third-party claimant in
a sum not less than the value of the property
(d) His necessary clothing and articles for levied on. In case of disagreement as to such
ordinary personal use, excluding jewelry; value, the same shall be determined by the court
(e) Household furniture and utensils necessary issuing the writ of execution. No claim for
for housekeeping, and used for that purpose by damages for the taking or keeping of the property
the judgment obligor and his family, such as the may be enforced against the bond unless the
judgment obligor may select, of a value not action therefor is filed within 120 days from the
exceeding one hundred thousand pesos; date of the filing of the bond. The officer shall not
be liable for damages for the taking or keeping of
(f) Provisions for individual or family use
the property, to any third-party claimant if such
sufficient for four months;
bond is filed. Nothing herein contained shall
(g) The professional libraries and equipment of prevent such claimant or any third person from
judges, lawyers, physicians, pharmacists, vindicating his claim to the property in a separate
dentists, engineers, surveyors, clergymen, action, or prevent the judgment obligee from
teachers, and other professionals, not exceeding claiming damages in the same or a separate
three hundred thousand pesos in value; action against a third-party claimant who filed a
frivolous or plainly spurious claim. When the writ
(h) One fishing boat and accessories not
of execution is issued in favor of the Republic of
exceeding the total value of one hundred
the Philippines, or any officer duly representing it,
thousand pesos owned by a fisherman and by the
the filing of such bond shall not be required, and
lawful use of which he earns his livelihood;
in case the sheriff or levying officer is sued for
(i) So much of the salaries, wages, or earnings of damages as a result of the levy, he shall be
the judgment obligor for his personal services represented by the Solicitor General and if held
within the four months preceding the levy as are liable therefor, the actual damages adjudged by
necessary for the support of his family; the court shall be paid by the National Treasurer
(j) Lettered gravestones; out of such funds as may be appropriated for the
purpose.
(k) Monies, benefits, privileges, or annuities
accruing or in any manner growing out of any life Rules on redemption
insurance; Sec. 28, Rule 39
(l) The right to receive legal support, or money or The judgment obligor, or redemptioner, may
property obtained as such support, or any pension redeem the property from the purchaser, at any
or gratuity from the Government; time within 1 year from the date of the registration
of the certificate of sale, by paying the purchaser
(m) Properties specially exempted by law.
the amount of his purchase, with the per centum
But no article or species of property mentioned in per month interest thereon in addition, up to the
this section shall be exempt from execution time of redemption, together with the amount of
issued upon a judgment recovered for its price or any assessments or taxes which the purchaser
may have paid thereon after purchase, and
56
interest on such last named amount at the same commissioner outside the province or city in
rate; and if the purchaser be also a creditor which such obligor resides or is found.
having a prior lien to that of the redemptioner,
other than the judgment under which such
Examination of Obligor of Judgement
purchase was made, the amount of such other Obligor
lien, with interest. Sec. 37, Rule 39
Property so redeemed may again be redeemed When the return of a writ of execution against the
within 60 days after the last redemption upon property of a judgment obligor shows that the
payment of the sum paid on the last redemption, judgment remain unsatisfied, in whole or in part,
with two per centum thereon in addition and the and upon proof to the satisfaction of the court
amount of any assessments or taxes which the which issued the writ, that a person, corporation,
last redemptioner may have paid thereon after or other juridical entity has property of such
redemption by him, with interest on such last judgment obligor or is indebted to him, the court
named amount, and in addition, the amount of any may, by an order, require such person,
liens held by said last redemptioner prior to his corporation, or other juridical entity, or any
own, with interest. The property may be again, and officer, or member thereof, to appear before the
as often as a redemptioner is so disposed, court or a commissioner appointed by it, at a time
redeemed from any previous redemptioner within and place within the province or city where such
60 days after the last redemption, on paying the debtor resides or is found, and be examined
sum paid on the last previous redemption, with concerning the same. The service of the order
two per centum thereon in addition, and the shall bind all credits due the judgment obligor and
amounts of any assessments or taxes which the all money and property of the judgment obligor in
last previous redemptioner paid after the the possession or in the control of such person
redemption thereon, with interest thereon, and corporation, or juridical entity from the time of
the amount of any liens held by the last service; and the court may also require notice of
redemptioner prior to his own, with interest. such proceedings to be given to any party to the
action in such manner as it may deem proper.
Written notice of any redemption must be given to
the officer who made the sale and a duplicate filed Effect of judgment or final orders
with the registry of deeds of the place, and if any Sec. 47, Rule 39
assessments or taxes are paid by the
redemptioner or if he has or acquires any lien The effect of a judgment or final order rendered
other than that upon which the redemption was by a court of the Philippines, having jurisdiction to
made, notice thereof must in like manner be given pronounce the judgment or final order, may be as
to the officer and filed with the registry of deeds; follows:
if such notice be not filed, the property may be (a) In case of a judgment or final order against a
redeemed without paying such assessments, specific thing, or in respect to the probate of a
taxes, or liens. will, or the administration of the estate of a
Examination of judgment obligor when deceased person, or in respect to the personal,
political, or legal condition or status of a
judgment is unsatisfied particular person or his relationship to another,
Sec. 36, Rule 39 the judgment or final order is conclusive upon the
When the return of a writ of execution issued title to the thing, the will or administration or the
against property of a judgment obligor, or any one condition, status or relationship of the person,
of several obligors in the same judgment, shows however, the probate of a will or granting of
that the judgment remains unsatisfied, in whole letters of administration shall only be prima facie
or in part, the judgment obligee, at any time after evidence of the death of the testator or intestate;
such return is made, shall be entitled to an order (b) In other cases, the judgment or final order is,
from the court which rendered the said judgment, with respect to the matter directly adjudged or as
requiring such judgment obligor to appear and be to any other matter that could have been missed
examined concerning his property and income in relation thereto, conclusive between the
before such court or before a commissioner parties and their successors in interest, by title
appointed by it at a specified time and place; and subsequent to the commencement of the action
proceedings may thereupon be had for the or special proceeding, litigating for the same
application of the property and income of the thing and under the same title and in the same
judgment obligor towards the satisfaction of the capacity; and
judgment. But no judgment obligor shall be so
required to appear before a court or (c) In any other litigation between the same
parties or their successors in interest, that only
57
is deemed to have been adjudged in a former (a) In case of a judgment or final order upon a
judgment or final order which appears upon its specific thing, the judgment or final order, is
face to have been so adjudged, or which was conclusive upon the title to the thing, and
actually and necessarily included therein or
(b) In case of a judgment or final order against a
necessary thereto.
person, the judgment or final order is
Enforcement and Effect of Foreign presumptive evidence of a right as between the
Judgements or Final Orders parties and their successors in interest by a
Sec. 48, Rule 39 subsequent title.
The effect of a judgment or final order of a tribunal In either case, the judgment or final order may be
of a foreign country, having jurisdiction to render repelled by evidence of a want of jurisdiction,
the judgment or final order is as follows: want of notice to the party, collusion, fraud, or
clear mistake of law or fact.
PROVISIONAL REMEDIES
NATURE AND PURPOSE appropriate special civil action of certiorari under
Rule 65, provided that the interlocutory order is
These are remedies to which the parties may
rendered without or in excess of jurisdiction or
resort to for the preservation or protection of
with grave abuse of discretion.
their rights or interest, during the pendency of the
litigation. (Riguera, Primer Reviewer on Remedial PRELIMINARY ATTACHMENT
Law)
Grounds for issuance of writ of attachment
Purpose Section 1. Grounds upon which attachment may
Provisional remedies are resorted to by litigants issue.
for any or a combination of the following reasons: At the commencement of the action or at any time
A. To preserve or protect their rights or before entry of judgment, a plaintiff or any proper
interests while the main action is pending party may have the property of the adverse party
attached as security for the satisfaction of any
B. To secure the judgement judgment that may be recovered in the following
C. To preserve the status quo; or cases:
D. To preserve the subject matter of the (a) In an action for the recovery of a specified
action. (Riano, 2016) amount of money or damages, other than moral
and exemplary, on a cause of action arising from
The following are the provisional remedies
law, contract, quasi-contract, delict or quasi-
provided for in the Rules of Court: (AIR2S)
delict against a party who is about to depart from
1. Preliminary Attachment (ROC, RULE 57); the Philippines with intent to defraud his
creditors;
2. Preliminary Injunction (ROC, RULE 58);
(b) In an action for money or property embezzled
3. Receivership (ROC, RULE 59);
or fraudulently misapplied or converted to his
4. Replevin (ROC, RULE 60); and own use by a public officer, or an officer of a
5. Support Pendente Lite (ROC, RULE 61). corporation, or an attorney, factor, broker, agent,
or clerk, in the course of his employment as such,
JURISDICTION OVER PROVISIONAL or by any other person in a fiduciary capacity, or
REMEDIES for a willful violation of duty;
The court which grants or issues a provisional (c) In an action to recover the possession of
remedy is the court which has jurisdiction over property unjustly or fraudulently taken, detained
the main action. or converted, when the property, or any part
thereof, has been concealed, removed, or
Inferior courts may also grant all appropriate
disposed of to prevent its being found or taken by
provisional remedies in an action pending with it
the applicant or an authorized person;
and is within its jurisdiction (B.P. 129, Sec. 33, par.
(1)). (d) In an action against a party who has been
guilty of a fraud in contracting the debt or
Orders granting or denying provisional remedies
incurring the obligation upon which the action is
are merely interlocutory and cannot be the
brought, or in the performance thereof;
subject of an appeal (ROC, RULE 41, Sec. 1). The
remedy against an interlocutory order is an
58
(e) In an action against a party who has removed is entitled to recover, is as much as the sum for
or disposed of his property, or is about to do so, which the order is granted above all legal
with intent to defraud his creditors; or counterclaims. The affidavit, and the bond
required by the next succeeding section, must be
(f) In an action against a party who does not
duly filed with the court before the order issues.
reside and is not found in the Philippines, or on
(Sec. 3, Rule 57, Rules of Court)
whom summons may be served by publication.
Requisites Rule on prior or contemporaneous service of
summons
1. An order of attachment shall be granted only Section 5, Rule 57
upon the filing of the requisite affidavit and bond.
These must be duly filed with the court before the The writ of attachment is implemented by the
order of attachment is issued. (Sec. 3, Rule 57, sheriff who shall make a levy on attachment
Rules of Court) Note that the rule does not pursuant to the writ issued under Sec. 2 of Rule
require a hearing because the writ of attachment 57.
may be issued ex parte (Sec. 2, Rule 57, Rules of General rule: the sheriff is not allowed to make a
Court) levy on attachment if such levy is not preceded or
2. The required affidavit need not be executed by contemporaneously accompanied, by the service
the applicant. It may be executed by some on the defendant within the Philippines, of the
other person who personally knows the facts. following:
(Sec. 3, Rule 57, Rules of Court) 1. Service of summons
3. Aside from the affidavit executed, the party 2. Copy of the complaint
applying for an order of preliminary attachment 3. Application for attachment
must post a bond in the amount fixed by the court 4. Application’s affidavit and bond; and
and executed to the adverse party. This is called 5. Order and writ of attachment
an attachment bond. (Sec. 3 and 4, Rule 57, Rules Exceptions: The requirement of prior or
of Court) contemporaneous service of summons shall not
Issuance and contents of order of apply where:
attachment; affidavit and bond 1. Summons could not be served
Section 2. Issuance and contents of order. personally or by substituted service
despite diligent efforts, or
An order of attachment may be issued either ex
2. Defendant is a resident of the Philippines
parte or upon motion with notice and hearing by
temporarily absent therefrom, or
the court in which the action is pending, or by the
3. Defendant is a non-resident of the
Court of Appeals or the Supreme Court, and must
Philippines, or
require the sheriff of the court to attach so much
4. The action is in rem or quasi in rem
of the property in the Philippines of the party
against whom it is issued, not exempt from It is apparent that the service mentioned in the
execution, as may be sufficient to satisfy the immediately preceding paragraph is necessary to
applicant's demand, unless such party makes acquire jurisdiction over the person of the
deposit or gives a bond as hereinafter provided in defendant before the writ is implemented and to
an amount equal to that fixed in the order, which comply with the due process requirements of the
may be the amount sufficient to satisfy the law.
applicant's demand or the value of the property to Manner of attaching real and personal
be attached as stated by the applicant, exclusive
of costs. Several writs may be issued at the same
property; when property attached is claimed
time to the sheriffs of the courts of different by third person
judicial regions. . (Sec. 2, Rule 57, Rules of Court) Section 7. Attachment of real and personal
property; recording thereof.
Section 3. Affidavit and bond required.
Real and personal property shall be attached by
An order of attachment shall be granted only the sheriff executing the writ in the following
when it appears by the affidavit of the applicant, manner:
or of some other person who personally knows
the facts, that a sufficient cause of action exists, (a) Real property, or growing crops thereon, or
that the case is one of those mentioned in section any interest therein, standing upon the
1 hereof, that there is no other sufficient security record of the registry of deeds of the
for the claim sought to be enforced by the action, province in the name of the party against
and that the amount due to the applicant, or the whom attachment is issued, or not
value of the property the possession of which he appearing at all upon such records, or
59
belonging to the party against whom (e) The interest of the party against whom
attachment is issued and held by any other attachment is issued in property belonging
person, or standing on the records of the to the estate of the decedent, whether as
registry of deeds in the name of any other heir, legatee, or devisee, by serving the
person, by filing with the registry of deeds a executor or administrator or other personal
copy of the order, together with a representative of the decedent with a copy
description of the property attached, and a of the writ and notice that said interest is
notice that it is attached, or that such real attached. A copy of said writ of attachment
property and any interest therein held by or and of said notice shall also be filed in the
standing in the name of such other person office of the clerk of the court in which said
are attached, and by leaving a copy of such estate is being settled and served upon the
order, description, and notice with the heir, legatee or devisee concerned.
occupant of the property, if any, or with such
If the property sought to be attached is in custodia
other person or his agent if found within the
legis, a copy of the writ of attachment shall be
province. Where the property has been
filed with the proper court or quasi-judicial
brought under the operation of either the
agency, and notice of the attachment served upon
Land Registration Act or the Property
the custodian of such property. (Sec. 7, Rule 57,
Registration Decree, the notice shall contain
RoC)
a reference to the number of the certificate
of title, the volume and page in the SECTION 14. PROCEEDINGS WHERE PROPERTY
registration book where the certificate is CLAIMED BY THIRD PERSON
registered, and the registered owner or File a terceria or third-party claim (May also be
owners thereof. availed of by a third-party claimant who claims to
The registrar of deeds must index own property that is subject of of a writ of
attachments filed under this section in the exection (ROC, RULE 39, Sec. 16) or a writ of
names of the applicant, the adverse party, or replevin (ROC, RULE 60, Sec. 7));
the person by whom the property is held or
in whose name it stands in the records. If the File independent action to recover his property; or
attachment is not claimed on the entire area 3. File a motion for intervention (This is available
of the land covered by the certificate of title, only before a judgment is rendered, hence, not
a description sufficiently accurate for the allowed under Rule 39) (Ching v. CA, G.R. No.
identification of the land or interest to be 124642, February 23, 2004).
affected shall be included in the registration
of such attachment; Note: A third-party claim may be filed with the
(b) Personal property capable of manual sheriff while he has possession of the properties
delivery, by taking and safely keeping it in levied upon, this being the only time fixed for the
his custody, after issuing the corresponding purpose (Mangaoang v. Provincial Sheriff of La
receipt therefor. Union, G.R. No. L-4869, May 26, 1952)
(c) Stocks or shares, or an interest in stocks or Discharge of attachment and the counter-
shares, of any corporation or company, by bond
leaving with the president or managing
agent thereof, a copy of the writ, and a notice Section 12. Discharge of attachment upon giving
stating that the stock or interest of the party counter-bond.
against whom the attachment is issued is After a writ of attachment has been enforced, the
attached in pursuance of such writ; party whose property has been attached, or the
(d) Debts and credits, including bank deposits, person appearing on his behalf, may move for the
financial interest, royalties, commissions discharge of the attachment wholly or in part on
and other personal property not capable of the security given. The court shall, after due
manual delivery, by leaving with the person notice and hearing, order the discharge of the
owing such debts, or having in his attachment if the movant makes a cash deposit,
possession or under his control, such or files a counter-bond executed to the attaching
credits or other personal property, or with party with the clerk of the court where the
his agent, a copy of the writ, and notice that application is made, in an amount equal to that
the debts owing by him to the party against fixed by the court in the order of attachment,
whom attachment is issued, and the credits exclusive of costs. But if the attachment is sought
and other personal property in his to be discharged with respect to a particular
possession, or under his control, belonging property, the counter-bond shall be equal to the
to said party, are attached in pursuance of value of that property as determined by the court.
such writ; In either case, the cash deposit or the counter-
60
bond shall secure the payment of any judgment that purpose remain in the sheriff's hands, or in
that the attaching party may recover in the action. those the clerk of the court;
A notice of the deposit shall forthwith be served
(c) By collecting from all persons having in their
on the attaching party. Upon the discharge of an
possession credits belonging to the judgment
attachment in accordance with the provisions of
obligor, or owing debts to the latter at the time of
this section, the property attached, or the
the attachment of such credits or debts, the
proceeds of any sale thereof, shall be delivered to
amount of such credits and debts as determined
the party making the deposit or giving the
by the court in the action, and stated in the
counter-bond, or to the person appearing on his
judgment, and paying the proceeds of such
behalf, the deposit or counter-bond aforesaid
collection over to the judgment obligee.
standing in place of the property so released.
Should such counter-bond for any reason be The sheriff shall forthwith make a return in
found to be or become insufficient, and the party writing to the court of his proceedings under this
furnishing the same fail to file an additional section and furnish the parties with copies
counter-bond, the attaching party may apply for a thereof.
new order of attachment. (Sec. 12, Rule 57, RoC)
Compared with garnishment and levy on
Section 13. Discharge of attachment on other execution
grounds.
Garnishment is a kind of attachment in which the
The party whose property has been ordered plaintiff seeks to subject to his claim either the
attached may file a motion with the court in which property of the defendant in the hands of a third
he action is pending, before or after levy or even person called garnishee, or the money which said
after the release of the attached property, for an third person owes the adverse party. It is a
order to set aside or discharge the attachment on manner of attaching property pursuant to a writ
the ground that the same was improperly or of execution (ROC, RULE 39, Sec. 9(c)) or a writ of
irregularly issued or enforced, or that the bond is attachment (ROC, RULE 57, Sec. 5).
insufficient. If the attachment is excessive, the
discharge shall be limited to the excess. If the Levy on Execution is the writ issued by the court
motion be made on affidavits on the part of the after judgment has become executory by which
movant but not otherwise, the attaching party the property of the judgment obligor is taken into
may oppose the motion by counter-affidavits or the custody of the court before the sale of the
other evidence in addition to that on which the property on execution for the satisfaction of final
attachment was made. After due notice and judgment (ROC, RULE 39, Sec. 9(b)).
hearing, the court shall order the setting aside or PRELIMINARY INJUNCTION
the corresponding discharge of the attachment if
it appears that it was improperly or irregularly Definitions and differences: preliminary
issued or enforced, or that the bond is insufficient, injunction, temporary restraining order, and
or that the attachment is excessive, and the status quo ante order
defect is not cured forthwith. (Sec. 13, Rule 57, Preliminary injunction
RoC) Section 1. Preliminary injunction defined;
Satisfaction of judgment out of property A preliminary injunction is an order granted at
attached any stage of an action or proceeding prior to the
Section 15. Satisfaction of judgment out of judgment or final order, requiring a party or a
property attached, return of sheriff. court, agency or a person to refrain from a
particular act or acts. (ROC, RULE 58, Sec. 1).
If judgment be recovered by the attaching party
and execution issue thereon, the sheriff may Status quo ante order
cause the judgment to be satisfied out of the A status quo ante order is an equitable remedy
property attached, if it be sufficient for that intended to maintain the status quo ante, i.e. the
purpose in the following manner: last actual, peaceable, uncontested state of things
(a) By paying to the judgment obligee the which preceded the controversy.
proceeds of all sales of perishable or other Status Quo Order
property sold in pursuance of the order of the
court, or so much as shall be necessary to satisfy Status quo order is not a TRO. It is more in the
the judgment; nature of a cease and desist order, since it neither
directs the doing or undoing of acts as in the case
(b) If any balance remains due, by selling so much of prohibitory or mandatory injunctive relief. It
of the property, real or personal, as may be has no specified duration and does not
necessary to satisfy the balance, if enough for specifically direct the performance of an act. It
61
lasts until it is revoked. Its duration may even be 1. The applicant must have a clear and
subject to agreement of the parties. No bond is unmistakable right, that is a right in esse;
required for its issuance.
2. There is a material and substantial invasion of
Note: It is resorted to when the projected such right;
proceedings in the case made the conservation of
3. There is an urgent need for the writ to prevent
the status quo desirable or essential, but the
irreparable injury to the applicant; and
affected party neither sought such relief nor did
the allegations in his pleading sufficiently make 4. No other ordinary, speedy, and adequate
out a case for a TRO (Garcia v. Mojica, G.R. No. remedy exists to prevent the infliction of
139043, September 10, 1999). irreparable injury (Marquez v. Sanchez, G.R. No.
141849, February 13, 2007; Ngo v. Allied Banking
Temporary Restraining Order
Corp, G.R. No. 177420, October 6, 2010).
A restraining order, more commonly known as a
temporary restraining order, is issued to
Kinds of injunctions; kinds of temporary
preserve the status quo until the hearing of the restraining orders
application for a writ of preliminary injunction Kinds of Preliminary Injunction
because the injunction cannot be issued ex parte. General Rule: As a preventive writ, preliminary
(Bacalod Water District v. Labayen, 446 SCRA 110, injunction will not issue against acts already
122-123) consummated (fait accompli).
Preliminary TRO Exception: If the acts complained of are
Injunction continuing in nature and were in derogation of
plaintiff‘s rights at the outset.
Duration and Effectivity
Prohibitory Injunction Mandatory Injunction
No definite date of Does not exceed
effectivity but if the twenty (20) days, Purpose
writ of preliminary including the first
injunction is issued by seventy-two (72) To prevent a person To require a person to
the RTC, l, the CA, the hours (RTC); Does not from the performance perform a particular
SB or the CTA against exceed sixty (60) days of a particular act. act.
a lower court, board, (CA); Indefinite until
officer, or quasi- further orders (SC). Subject
judicial agency, the
former shall decide The act had not yet The act has already
the main case or been performed. been performed and
petition within six (6) this act has violated
months from the the rights of another.
issuance of the writ.
Effect
Effect
Status Quo is Status Quo is
Restrains or requires Maintains the status preserved. restored.
the performance of quo
When writ may be issued, when writ may not
particular acts
be issued
Necessity of notice and hearing When writ may be issued: It may be issued at any
stage prior to the judgment or final order.
Cannot be granted May be granted ex
without notice and parte if the matter is A preliminary injunction is an order granted at
hearing of extreme urgency any stage of an action or proceeding prior to the
and the applicant will judgment or final order. (Sec. 1, Rule 58, RoC)
suffer grave injustice When writ may not be issued
and irreparable injury
Instances where a Writ of Preliminary Injunction
Requisites may not be Issued by the Court:
The requisites of preliminary injunction whether 1. Foreclosure of a mortgage by a government

mandatory or prohibitory are the following: bank (P.D. 385);
62
2. No court, except the Supreme Court, shall issue before it, prohibit or enjoin the commencement of
any TRO, preliminary injunction or preliminary arbitration, the constitution of the arbitral
mandatory injunction against the government, or tribunal, or the continuation of arbitration
any of its subdivisions, officials or any person or (Special Rules of Court on Alternative Dispute
entity, whether public or private acting under the Resolution, RULE 19.33).
government direction, to restrain, prohibit or
This prohibition shall not apply when the matter
compel the following acts (R.A. 8975, Sec. 3):
is of extreme urgency.
a. Acquisition, clearance and development of
the right-of-way and/or site or location of any
Grounds for issuance of preliminary
national government project; injunction
Section 3. Grounds for issuance of preliminary
b. Bidding or awarding of contract/ project of injunction.
the national government as defined under
Section 2 hereof; A preliminary injunction may be granted when it
is established:
c. Commencement prosecution, execution,
implementation, operation of any such (a) That the applicant is entitled to the relief
contract or project; demanded, and the whole or part of such relief
consists in restraining the commission or
d. Termination or rescission of any such continuance of the act or acts complained of, or in
contract/project; and requiring the performance of an act or acts either
e. The undertaking or authorization of any for a limited period or perpetually;
other lawful activity necessary for such (b) That the commission, continuance or non-
contract/project. performance of the act or acts complained of
This prohibition shall apply in all cases, disputes during the litigation would probably work
or controversies instituted by a private party, injustice to the applicant; or
including but not limited to cases filed by (c) That a party, court, agency or a person is doing,
bidders or those claiming to have rights through threatening, or is attempting to do, or is procuring
such bidders involving such contract/project. or suffering to be done some act or acts probably
This prohibition shall not apply when the matter in violation of the rights of the applicant
is of extreme urgency involving a constitutional respecting the subject of the action or proceeding,
issue, such that unless a temporary restraining and tending to render the judgment ineffectual.
order is issued, grave injustice and irreparable (ROC, RULE 58, Sec. 3)
injury will arise. The applicant shall file a bond, in
Grounds for objection to, or for the
an amount to be fixed by the court, which bond
shall accrue in favor of the government if the
dissolution of injunction or restraining order
court should finally decide that the applicant was Section 6. Grounds for objection to, or for motion
not entitled to the relief sought. of dissolution of, injunction or restraining order.
3. Concessions, licenses, permits, patents or The application for injunction or restraining order
public grants as to the disposition, exploitation, may be denied, upon a showing of its
utilization, exploration and/or development of insufficiency. The injunction or restraining order
natural resources (P.D. 605). may also be denied, or, if granted, may be
dissolved, on other grounds upon affidavits of the
4. Except the Supreme Court, no court can issue party or person enjoined, which may be opposed
a TRO or writ of preliminary injunction against by the applicant also by affidavits. It may further
lawful actions of government agencies that be denied, or if granted, may be dissolved, if it
enforce environmental laws or prevent violations appears after hearing that although the applicant
thereof (A.M. No. 09-6-8-SC, Sec. 10) is entitled to the injunction or restraining order,
5. The RTC shall not enjoin the arbitration the issuance or continuance thereof, as the case
proceedings that has already commenced during may be, would cause irreparable damage to the
the pendency of the petition for relief on the issue party or person enjoined while the applicant can
of existence, validity, or enforceability of the be fully compensated for such damages as he
arbitration agreement filed before it (), Special may suffer, and the former files a bond in an
Rules of Court on Alternative Dispute Resolution, amount fixed by the court conditioned that he will
RULE 3.18(b)). pay all damages which the applicant may suffer
by the denial or the dissolution of the injunction
6. The Court of Appeals shall not, during the
or restraining order. If it appears that the extent
pendency a petition for certiorari from a judgment
of the preliminary injunction or restraining order
rendered by the RTC under the Special ADR Rules
63
granted is too great, it may be modified. (ROC, on the party or person sought to be enjoined. A
RULE 58, Sec. 6) restraining, order issued by the Supreme Court or
a member thereof shall be effective until further
Duration of temporary restraining orders orders.
Section 5. Preliminary injunction not granted
without notice; exception. Rule on prior or contemporaneous service of
summons in relation to attachment
No preliminary injunction shall be granted
without hearing and prior notice to the party or Recall that, under the Rules, a preliminary
person sought to be enjoined. If it shall appear injunction may be granted at any stage of the
from facts shown by affidavits or by the verified proceedings but prior to the judgement or final
application that great or irreparable injury would order (Sec. 1, Rule 58, RoC) Hence an application
result to the applicant before the matter can be for a writ of preliminary injunction or a temporary
heard on notice, the court to which the application restraining order may be included in a complaint
for preliminary injunction was made, may issue a or any initiatory pleading (Sec. 4, Rule 58, RoC)
temporary restraining order to be effective only When an application for a writ of preliminary
for a period of twenty (20) days from service on injunction or a temporary restraining order is
the party or person sought to be enjoined, except included in a complaint or any initiatory pleading,
as herein provided. Within the said twenty-day the case, if filed in a multiple-sala court, shall be
period, the court must order said party or person raffled only after notice to and in the presence of
to show cause, at a specified time and place, why the adverse party or the person to be enjoined. In
the injunction should not be granted, determine any event, such notice shall be preceded, or
within the same period whether or not the contemporaneously accompanied, by service of
preliminary injunction shall be granted, and summons, together with a copy of the complaint
accordingly issue the corresponding order. (Bar or initiatory pleading and the applicant's affidavit
Matter No. 803, 17 February 1998) and bond, upon the adverse party in the
However, and subject to the provisions of the Philippines. (Sec. 4(c), Rule 58, RoC)
preceding sections, if the matter is of extreme
RECIEVERSHIP
urgency and the applicant will suffer grave
injustice and irreparable injury, the executive Cases when receiver may be appointed
judge of a multiple-sala court or the presiding Section 1, Rule 59
judge of a single sala court may issue ex parte a
temporary restraining order effective for only (a) When it appears from the verified application,
seventy-two (72) hours from issuance but he and such other proof as the court may require,
shall immediately comply with the provisions of that the party applying for the appointment of a
the next preceding section as to service of receiver has an interest in the property or fund
summons and the documents to be served which is the subject of the action or proceeding,
therewith. Thereafter, within the aforesaid and that such property or fund is in danger of
seventy-two (72) hours, the judge before whom being lost, removed, or materially injured unless
the case is pending shall conduct a summary a receiver be appointed to administer and
hearing to determine whether the temporary preserve it;
restraining order shall be extended until the (b) When it appears in an action by the mortgagee
application for preliminary injunction can be for the foreclosure of a mortgage that the
heard. In no case shall the total period of property is in danger of being wasted or
effectivity of the temporary restraining order dissipated or materially injured, and that its value
exceed twenty (20) days, including the original is probably insufficient to discharge the mortgage
seventy-two hours provided herein. debt, or that the parties have so stipulated in the
In the event that the application for preliminary contract of mortgage;
injunction is denied or not resolved within the said (c) After judgment, to preserve the property
period, the temporary restraining order is during the pendency of an appeal, or to dispose of
deemed, automatically vacated. The effectivity of it according to the judgment, or to aid execution
a temporary restraining order is not extendible when the execution has been returned unsatisfied
without need of any judicial declaration to that or the judgment obligor refuses to apply his
effect and no court shall have authority to extend property in satisfaction of the judgment, or
or renew the same on the same ground for which otherwise to carry the judgment into effect;
it was issued.
(d) Whenever in other cases it appears that the
However, if issued by the Court of Appeals or a appointment of a receiver is the most convenient
member thereof, the temporary restraining order and feasible means of preserving, administering,
shall be effective for sixty (60) days from service or disposing of the property in litigation.
64
Requisites or corporation of which he is the
receiver;
Requisites for appointment of a receiver:
5. Compound for and compromise the
1. Verified application filed by the party same;
requesting for the appointment of the 6. Make transfers;
receiver (Sec. 1, Rule 59) 7. Pay outstanding debts;
2. The applicant must have an interest in 8. Divide the money and other property that
the property or funds subject of the shall remain among the persons legally
action; he must show that the property entitled to receive the same; and
or fund is in danger of being lost, 9. Generally to do such acts respecting the
removed, materially altered, wasted or property as the court may authorize.
dissipated or there is a need to preserve
Funds in the hands of a receiver may be invested
or administer the property, or that all the
only by order of the court upon the written
grounds justifying the appointment of a
consent of all the parties to the action.
receiver exist (Sec. 1, Rule 59);
3. Application must be with notice and Two kinds of bonds
must be set for hearing; Applicant’s bond
4. Before issuing the order appointing a Section 2, Rule 59
receiver the court shall require the
applicant to file a bond executed to the Before issuing the order appointing a receiver
party against whom the application is the court shall require the applicant to file a bond
presented, in an amount to be fixed by executed to the party against whom the
the court. (Sec. 2, Rule 59) application is presented, in an amount to be fixed
5. Before entering upon his duties, the by the court, to the effect that the applicant will
receiver must be sworn to perform his pay such party all damages he may sustain by
duties faithfully and shall also file a reason of the appointment of such receiver in
bond. This bond is to the effect that he case the applicant shall have procured such
will faithfully discharge his duties in the appointment without sufficient cause; and the
action or proceeding and obey the court may, in its discretion, at any time after the
orders of the court. (Sec. 4, Rule 59) appointment, require an additional bond as
further security for such damages.
Requirements before issuance of order
Receiver’s bond
Section 2, Rule 59
Section 4, Rule 59
Before issuing the order appointing a receiver the
court shall require the applicant to file a bond Before entering upon his duties, the receiver shall
executed to the party against whom the be sworn to perform them faithfully, and shall file
application is presented, in an amount to be fixed a bond, executed to such person and in such sum
by the court, to the effect that the applicant will as the court may direct, to the effect that he will
pay such party all damages he may sustain by faithfully discharge his duties in the action or
reason of the appointment of such receiver in proceeding and obey the orders of the court.
case the applicant shall have procured such Termination of receivership
appointment without sufficient cause; and the
Section 8, Rule 59
court may, in its discretion, at any time after the
appointment, require an additional bond as Whenever the court, motu proprio or on motion of
further security for such damages. either party, shall determine that the necessity
for a receiver no longer exists, it shall, after due
General powers of a receiver notice to all interested parties and hearing, settle
Section 6, Rule 59 the accounts of the receiver, direct the delivery of
Subject to the control of the court in which the the funds and other property in his possession to
action or proceeding is pending a receiver shall the person adjudged to be entitled to receive them
have the power to: and order the discharge of the receiver from
further duty as such. The court shall allow the
1. Bring and defend, in such capacity, receiver such reasonable compensation as the
actions in his own name; circumstances of the case warrant, to be taxed as
2. Take and keep possession of the costs against the defeated party, or apportioned,
property in controversy; as justice requires.
3. Receive rents;
4. Collect debts due to himself as receiver REPLEVIN
or to the fund, property, estate, person, When may writ be issued
65
Section 1. Rule 60 - Application. (a) That the applicant is the owner of the property
claimed, particularly describing it, or is entitled to
A party praying for the recovery of possession of
the possession thereof;
personal property may, at the commencement of
the action or at any time before answer, apply for (b) That the property is wrongfully detained by the
an order for the delivery of such property to him, adverse party, alleging the cause of detention
in the manner hereinafter provided. thereof according to the best of his knowledge,
information, and belief ;
Requisites
(c) That the property has not been distrained or
1. The applicant must show the following,
taken for a tax assessment or a fine pursuant to
by his own affidavit or that of some other
law, or seized under a writ of execution or
person who personally knows the facts:
preliminary attachment, or otherwise placed
a. Applicant is the owner of the
under custodia legis, or if so seized, that it is
property claimed. If he is not
exempt from such seizure or custody; and
the owner, then he must state
that he is entitled to the (d) The actual market value of the property.
possession of the property. The The applicant must also give a bond, executed to
affidavit shall also describe the the adverse party in double the value of the
property; property as stated in the affidavit aforementioned,
b. The property is wrongfully for the return of the property to the adverse party
detained by the adverse party. if such return be adjudged, and for the payment to
The affidavit shall also allege the adverse party of such sum as he may recover
the cause of detention from the applicant in the action.
according to the best of his
knowledge, information and Redelivery bond
belief; Section 5, Rule 60
c. Property has not been
If the adverse party objects to the sufficiency of
distrained or taken for a tax
the applicant's bond, or of the surety or sureties
assessment or a fine pursuant
thereon, he cannot immediately require the
to law, or seized under a writ of
return of the property, but if he does not so object,
execution or preliminary
he may, at any time before the delivery of the
attachment, or otherwise
property to the applicant, require the return
placed under custodia legis. If it
thereof, by filing with the court where the action
is so seized, it must be alleged
is pending a bond executed to the applicant, in
that it is exempt from such
double the value of the property as stated in the
seizure or custody;
applicant's affidavit for the delivery thereof to the
d. The actual market value of the
applicant, if such delivery be adjudged, and for the
property to be stated (Sec. 2,
payment of such sum, to him as may be recovered
Rule 60)
against the adverse party, and by serving a copy
2. The applicant must also give a bond,
of such bond on the applicant.
called a replevin bond, executed to the
adverse party in double the value of the Sheriffs duty in the implementation of the writ;
property as stated in the affidavit. (Sec. when property is claimed by third party
2, Rule 60)
Sheriff’s Duty in the Implementation of The
Upon the filing of such affidavit and approval of Writ; When Property is Claimed by Third-
the bond, the court shall issue an order and the Party
corresponding writ of replevin describing the
Section 4, Rule 60
personal property alleged to be wrongfully
detained and requiring the sheriff forthwith to Duty of the sheriff.
take such property into his custody. (Sec. 3, Rule Upon receiving such order, the sheriff must serve
60) a copy thereof on the adverse party, together with
a copy of the application, affidavit and bond, and
Affidavit and Bond; Redelivery Bond
must forthwith take the property, if it be in the
Affidavit and bond. possession of the adverse party, or his agent, and
Section 2 retain it in his custody. If the property or any part
The applicant must show by his own affidavit or thereof be concealed in a building or enclosure,
that of some other person who personally knows the sheriff must demand its delivery, and if it be
the facts: not delivered, he must cause the building or
enclosure to be broken open and take the
66
property into his possession. After the sheriff has Restraining Order, Temporary Custody, Support
take possession of the property as herein pendente lite
provided, he must keep it in a secure place and Sec. 7, R.A. No. 8369
shall be responsible for its delivery to the party
entitled thereto upon receiving his fees and In cases of violence among immediate family
necessary expenses for taking and keeping the members living in the same domicile or
same. household, the Family Court may issue a
restraining order against the accused of
Section 7, Rule 60 Proceedings where property defendant upon verified application by the
claimed by third person. complainant or the victim for relief from abuse.
If the property taken is claimed by any person The court may order the temporary custody of
other than the party against whom the writ of children in all civil actions for their custody. The
replevin had been issued or his agent, and such court may also order support pendente lite,
person makes an affidavit of his title thereto, or including deduction from the salary and use of
right to the possession thereof, stating the conjugal home and other properties in all civil
grounds therefor, and serves such affidavit upon actions for support.
the sheriff while the latter has possession of the
property and a copy thereof upon the applicant, Human Security Act
the sheriff shall not be bound to keep the property Travel restriction
under replevin or deliver it to the applicant unless Sec. 26, R.A. No. 9372
the applicant or his agent, on demand of said
sheriff, shall file a bond approved by the court to In cases where evidence of guilt is not strong, and
indemnify the third-party claimant in a sum not the person charged with the crime of terrorism or
less than the value of the property under replevin conspiracy to commit terrorism is entitled to bail
as provided in section 2 hereof. In case of and is granted the same, the court, upon
disagreement as to such value, the court shall application by the prosecutor, shall limit the right
determine the same. No claim for damages for the of travel of the accused to within the municipality
taking or keeping, of the property may be or city where he resides or where the case is
enforced against the bond unless the action pending, in the interest of national security and
therefor is filed within one hundred twenty (120) public safety, consistent with Article III, Section 6
days from the date of the filing of the bond. of the Constitution. Travel outside of said
municipality or city, without the authorization of
The sheriff shall not be liable for damages, for the the court, shall be deemed a violation of the terms
taking or keeping of such property, to any such and conditions of his bail, which shall then be
third-party claimant if such bond shall be filed. forfeited as provided under the Rules of Court.
Nothing herein contained shall prevent such
claimant or any third person from vindicating his He/she may also be placed under house arrest by
claim to the property, or prevent the applicant order of the court at his or her usual place of
from claiming damages against a third-party residence.
claimant who filed a frivolous or plainly spurious While under house arrest, he or she may not use
claim, in the same or a separate action. telephones, cellphones, e-mails, computers, the
When the writ of replevin is issued in favor of the internet or other means of communications with
Republic of the Philippines, or any officer duly people outside the residence until otherwise
representing it, the filing of such bond shall not be ordered by the court.
required, and in case the sheriff is sued for The restrictions abovementioned shall be
damages as a result of the replevin, he shall be terminated upon the acquittal of the accused or of
represented by the Solicitor General, and if held the dismissal of the case filed against him or
liable therefor, the actual damages adjudged by earlier upon the discretion of the court on motion
the court shall be paid by the National Treasurer of the prosecutor or of the accused.
out of the funds to be appropriated for the
Examination of bank deposits
purpose. . (Sec. 7, Rule 60, RoC)
Sec. 27, R.A. 9372
PROVISIONAL REMEDIES AND INTERIM
The provisions of Republic Act No. 1405 as
RELIEFS UNDER SPECIAL LAWS AND RULES
amended, to the contrary notwithstanding, the
Provisional remedies of Family Courts justices of the Court of Appeals designated as a
special court to handle anti-terrorism cases after
satisfying themselves of the existence of
probable cause in a hearing called for that
purpose that: (1) a person charged with or
67
suspected of the crime of terrorism or, necessary for the regular sustenance of his/her
conspiracy to commit terrorism, (2) of a judicially family or to use any of his/her property that has
declared and outlawed terrorist organization, been seized, sequestered or frozen for legitimate
association, or group of persons; and (3) of a purposes while his/her case is pending shall
member of such judicially declared and outlawed suffer the penalty of ten (10) years and one day to
organization, association, or group of persons, twelve (12) years of imprisonment.
may authorize in writing any police or law
enforcement officer and the members of his/her
Anti-Violence against Women and Children
team duly authorized in writing by the anti- Act
terrorism council to: (a) examine, or cause the Protection Order
examination of, the deposits, placements, trust Sec. 5, R.A. No. 9262
accounts, assets and records in a bank or
A protection order is an order issued under this
financial institution; and (b) gather or cause the
act for the purpose of preventing further acts of
gathering of any relevant information about such
violence against a woman or her child specified in
deposits, placements, trust accounts, assets, and
Sec. 5 of this Act and granting other necessary
records from a bank or financial institution. The
relief. The relief granted under a protection order
bank or financial institution concerned, shall not
serve the purpose of safeguarding the victim from
refuse to allow such examination or to provide
further harm, minimizing any disruption in the
the desired information, when so, ordered by and
victim's daily life, and facilitating the opportunity
served with the written order of the Court of
and ability of the victim to independently regain
Appeals.
control over her life. The provisions of the
Seizure of assets protection order shall be enforced by law
Sec. 39, R.A. 9372 enforcement agencies. The protection orders that
may be issued under this Act are the barangay
The deposits and their outstanding balances, protection order (BPO), temporary protection
placements, trust accounts, assets, and records order (TPO) and permanent protection order
in any bank or financial institution, moneys, (PPO).
businesses, transportation and communication
equipment, supplies and other implements, and Anti-Money Laundering Act
property of whatever kind and nature belonging: Freezing of monetary instrument or property
(1) to any person suspected of or charged before Sec. 10, R.A. No. 9160, as amended by R.A. No.
a competent Regional Trial Court for the crime of 10927
terrorism or the crime of conspiracy to commit
terrorism; (2) to a judicially declared and Upon a verified ex parte petition by the AMLC and
outlawed organization, association, or group of after determination that probable cause exists
persons; or (3) to a member of such organization, that any monetary instrument or property is in
association, or group of persons shall be seized, any way related to an unlawful activity as defined
sequestered, and frozen in order to prevent their in Section 3(i) hereof, the Court of Appeals may
use, transfer, or conveyance for purposes that issue a freeze order which shall be effective
are inimical to the safety and security of the immediately, for a period of twenty (20) days..
people or injurious to the interest of the State. Authority to inquire into bank deposits
The accused or a person suspected of may Sec. 11, R.A. No. 9160, as amended by R.A. No. 10167
withdraw such sums as may be reasonably Notwithstanding the provisions of Republic Act
needed by the monthly needs of his family No. 1405, as amended; Republic Act No. 6426, as
including the services of his or her counsel and amended; Republic Act No. 8791; and other laws,
his or her family's medical needs upon approval the AMLC may inquire into or examine any
of the court. He or she may also use any of his particular deposit or investment, including
property that is under seizure or sequestration or related accounts, with any banking institution or
frozen because of his/her indictment as a non-bank financial institution upon order of any
terrorist upon permission of the court for any competent court based on an ex parte application
legitimate reason. in cases of violations of this Act, when it has been
Any person who unjustifiably refuses to follow established that there is probable cause that the
the order of the proper division of the Court of deposits or investments, including related
Appeals to allow the person accused of the crime accounts involved, are related to an unlawful
of terrorism or of the crime of conspiracy to activity as defined in Section 3(i) hereof or a
commit terrorism to withdraw such sums from money laundering offense under Section 4 hereof;
sequestered or frozen deposits, placements, except that no court order shall be required in
trust accounts, assets and records as may be cases involving activities defined in Section 3(i)(1),
(2), and (12) hereof, and felonies or offenses of a
68
nature similar to those mentioned in Section of the commencement date except as
3(i)(1), (2), and (12), which are Punishable under may be provided herein.
the penal laws of other countries, and terrorism
and conspiracy to commit terrorism as defined
Precautionary Hold Departure Orders
and penalized under Republic Act No. 9372.. Lifting of PHDO
Sec. 7, A.M. No. 18-07-05-SC
Financial Rehabilitation and Insolvency Act
Sec. 16 (q), R.A. No. 10142 The respondent may file a verified motion before
the issuing court for the temporary lifting of PHDO
Upon issuance of a Commencement Order, such on meritorious ground; that, based on the
shall include a Stay or Suspension Order which complaint affidavit and the evidence that he or
shall: she will present, there is doubt that probable
1. Suspend all actions or proceedings, in cause exists to issue the PHDO or it is shown that
court or otherwise, for the enforcement he or she is not a flight risk: Provided, that the
of claims against the debtor; respondent posts a bond; Provided, further, that
the lifting of the PHDO is without prejudice to the
2. Suspend all actions to enforce any resolution of the preliminary investigation against
judgment, attachment or other the respondent.
provisional remedies against the debtor;
3. Prohibit the debtor from selling,
encumbering, transferring or disposing
in any manner any of its properties
except in the ordinary course of
business; and
4. Prohibit the debtor from making any
payment of its liabilities outstanding as
SPECIAL CIVIL ACTION

NATURE OF CIVIL ACTION defendant has fit in a special civil
violated the plaintiff‘s action
A special civil action is a kind of action which are
rights. (e.g. Interpleader).
governed by its own special rules, particularly
Rules 62 to 71 of the 1997 Rules of Civil Procedure,
Venue is determined
and such other actions as may be declared by the This dichotomy does not
by either the residen-
Supreme Court. It is an action which has always apply in a
ces of the parties
reference to special matters requiring special special civil action (e.g.
where the action is
procedure. [Tan, CIVIL PROCEDURE] venue in a petition for
personal or by the
quo
ORDINARY CIVIL ACTION VS SPECIAL CIVIL location of the
warranto is where the
ACTION property where the
SC or CA sits)
action is real.
ORDINARY SPECIAL
Jurisdiction and Venue
It is governed by the Jurisdiction
ordinary rules but
It is governed by the There are three (3) special civil actions that are
subject to specific rules
ordinary rules. within the jurisdiction of inferior courts: (ICE)
prescribed (Rules 62 to
71). 1. Interpleader, provided that amount involved is
within its jurisdiction;
Formal demand of
one‘s legal rights in a 2. Contempt; and
Special features not
court of justice in the 3. Ejectment Suits
found in ordinary civil
manner prescribed
actions. Venue
by the court or by the
law. The venue for special civil actions is governed by
the general rules on venue, except as otherwise
It must be based on a The concept of cause of indicated in the particular rule for said special
cause of action which action in an ordinary civil action (e.g. Quo Warranto under Rule 66, Sec.
means that the action does not always 7)
69
INTERPLEADER 1. Impropriety of the interpleader action; or
When interpleader is proper 2. The grounds for dismissal under Rule 16.
Section 1 Rule 62 The period to file the answer shall be tolled and if
Interpleader the motion is denied, the movant may file his
answer within the remaining period, but not less
A special civil remedy where a person, who has than five (5) days in any event, reckoned from the
property in his possession or an obligation to notice of denial
perform, either wholly or partially, but who claims
no interest in the subject, or whose interest, in DECLARATORY RELIEFS AND SIMILAR
whole or in part, is not disputed by others, goes REMEDIES
to court and asks that conflicting claimants to the
property or obligation be required to litigate Who may file an action
among themselves in order to determine finally Section 1 Rule 63
who is entitled to the same (Alvarez v. Any person interested under a deed, will,
Commonwealth, G.R. No. 45315, February 25, contract, or other written instrument, or whose
1938) rights are affected by a statute, executive order
An interpleader is proper whenever conflicting or regulation, ordinance, or any other
claims upon the same subject matter are or may governmental regulation may, before breach of
be made against a person who claims no interest violation thereof, bring an action in the
or whatever in the subject matter, or an interest appropriate RTC to determine any question of
which in whole or in part is not disputed by the construction or validity arising, and for a
claimants, he may bring an action against the declaration of his rights or duties, thereunder
conflicting claimants to compel them to Requisites of action for Declaratory Relief
interplead and litigate the several claims amonh
(SANDRA)
themselves.
1. The Subject matter of the controversy must be
Requisites for Interpleader: (CETO) a deed, will, contract or other written instrument,
1. The plaintiff Claims no interest in the subject statute, executive order or regulation, or
matter or his claim thereto in whole or in part Is ordinance;
not disputed;
2. There must be an Actual justiciable controversy
2. The parties to be interpleaded must make or the ―ripening seeds‖ of one between persons
Effective claims; whose interests are adverse;
3. There must be at least Two or more conflicting 3. There must have been No breach of the
claimants with adverse or conflicting interests to documents in question;
a property in custody or possession of, or to an
4. The terms of said documents and the validity
obligation to be performed, by the plaintiff; and
thereof are Doubtful and require judicial
4. The subject matter must be One and the same
construction;
(HERRERA, Remedial Law, Vol. III (2006), p. 225)
[hereinafter 3 HERRERA, (2006)]. 5. The issue must be Ripe for judicial
determination, as, for example, where all
When to file administrative remedies have been exhausted;
Section 5, Rule 62
6. Adequate relief is not available through other
Each claimant shall file his answer setting forth means or other forms of action or proceeding
his claim: (Almeda v. Bathala Marketing Industries, Inc., G.R.
1. Within fifteen (15) days from service of the No. 150806, January 28, 2008).
summons upon him; or When court may refuse to make judicial

declaration
2. Within the remaining period, but not less than
five (5) days reckoned from the notice of denial. Section 5 Rule 63
Court has discretion, motu proprio or upon
Dismissal
motion, to refuse to grant Declaratory Relief
Section 4 of Rule 62 when:
Within the fifteen (15) days provided for filing the 1. The decision will not terminate the controversy
answer, each claimant may file a motion to or uncertainty giving rise to the action; or
dismiss.
Grounds:
70
2. The declaration or construction is not transferring the revising power to the CA over all
necessary and proper under the circumstances adjudications of the Civil Service Commission.
Conversion to ordinary action Thus, an appeal from the judgment or final order
Section 6 Rule 63 of the CSC shall be taken to the CA whether the
appeal involves questions of fact, of law, or mixed
Conversion is proper if before the final questions of fact and law (Rule 43, Sec. 3) within
termination of the case, a breach or violation of fifteen (15) days from notice of the award,
the instrument or statute occurs, then the same judgment, final order or resolution (Rule 43, Sec.
may be converted into an ordinary action, and the 4).
parties shall be allowed to file such pleadings as
may be necessary or proper. CERTIORARI, PROHIBITION AND
MANDAMUS
Proceedings considered as similar remedies
Reformation of an instrument Definitions and distinctions
Article 1359 of Civil Code Definition of Certiorari
Section 1 Rule 65
Reformation of an instrument is an action for
reformation is not one brought to reform a A writ emanating from a superior court directed
contract but ‗to reform the instrument‘ against an inferior court, tribunal, board or officer
evidencing the contract. exercising judicial or quasi-judicial functions
whereby the record of a particular case is
Consolidation of ownership
ordered to be elevated for review and correction
Article 1607 of Civil Code in matters of law. The purpose of which is to
This action is not for the purpose of consolidating correct errors of jurisdiction.
the ownership of the property in the person of the Definition of Prohibition
buyer or vendee. It is brought merely to obtain a
Section 2 Rule 65
judicial order to effect the registration of the
consolidated ownership in the Registry of Writ of Prohibition is a writ issued by a superior
Property. court and directed against an Inferior court,
Tribunal, Corporation, Board, Officer or other
Quieting of title to real property
Person (ITCBOP) whether exercising judicial,
Article 476 of Civil Code quasi-judicial or ministerial functions,
This action is brought to remove a cloud on title commanding it to desist from further
caused by any: (PRICE) proceedings, for the purpose of preventing the
latter from usurping jurisdiction with which it is
a. Proceeding; not legally vested.
b. Record; Prohibition is a preventive remedy. However, to
c. Instrument; prevent the respondent from performing the act
sought to be prevented during the pendency of the
d. Claim; or
proceedings for the writ, the petitioner should
e. Encumbrance which appears to be valid and obtain a restraining order and/or a writ of
effective. preliminary injunction.
REVIEW OF JUDGMENTS AND FINAL Definition of Mandamus
ORDERS OR RESOLUTION OF THE Section 3 Rule 65
COMMISSION ON ELECTIONS AND THE A writ issued in the name of the State, to an
COMMISSION ON AUDIT inferior court, tribunal, corporation, board, officer
Distinctions in the application of Rule 65 to or person, commanding the performance of an act
which the law enjoins as a duty resulting from an
judgments of the Commission on Elections and
office, trust or station.
Commission on Audit and the application of
Rule 65 to other tribunals, persons and Requisites
officers Requisites of Certiorari: (JQ-WIG-NAPSAR)
Rule 64 1. Respondent tribunal, board, or officer is
Rule 64 does not apply to Civil Service exercising:
Commission Congress enacted R.A. No. 7902
amending Sec. 9 of B.P. 129, effective, March 18, a. Judicial; or
1995, eliminating such recourse to the SC and b. Quasi-judicial functions;
71
2. Respondents acted: granting such incidental reliefs as law and justice
may require.
a. Without jurisdiction;
When Prohibition is proper
b. In excess of its jurisdiction; or
Section 2 Rule 65
c. With Grave abuse of discretion amounting to
lack or excess of jurisdiction; and Prohibition is proper when the proceedings of any
tribunal, corporation, board, officer or person,
3. There must be No Appeal or other Plain, Speedy whether exercising judicial, quasi-judicial or
and Adequate Remedy (Milwaukee Industries ministerial functions, are without or in excess of
Corporation v. CTA, G.R. No. 173815, November 24, its or his jurisdiction, or with grave abuse of
2010) discretion amounting to lack or excess of
Requisites of Prohibition: (JQM-WIG-NAPSAR) jurisdiction, and there is no appeal or any other
plain, speedy, and adequate remedy in the
1. Respondent ITCBOP is exercising: ordinary course of law, a person aggrieved
a. Judicial; thereby may file a verified petition in the proper
court, alleging the facts with certainty and praying
b. Quasi-judicial; or that judgment be rendered commanding the
c. Ministerial functions; respondent to desist from further proceedings in
the action or matter specified therein, or
2. Respondent acted, acting, or is about to act:
otherwise granting such incidental reliefs as law
a. Without jurisdiction; and justice may require.
b. In excess of its jurisdiction; or When Mandamus is proper
c. With Grave abuse of discretion amounting to Section 3 Rule 65
lack or excess of jurisdiction; and Mandamus is proper when any tribunal,
3. There must be No Appeal or other Plain, Speedy corporation, board, officer or person unlawfully
and Adequate Remedy (Carlito Montes . C.A., G.R. neglects the performance of an act which the law
No. 143797, May 4, 2006) specifically enjoins as a duty resulting from an
office, trust, or station, or unlawfully excludes
Requisites of Mandamus: (CD-MU-NAPSAR) another from the use and enjoyment of a right or
1. The plaintiff has a Clear legal right to the act office to which such other is entitled, and there is
no other plain, speedy and adequate remedy in
demanded; the ordinary course of law, the person aggrieved
2. It must be the Duty of the defendant to perform thereby may file a verified petition in the proper
the act, because it is mandated by law; court, alleging the facts with certainty and praying
that judgment be rendered commanding the
3. The act to be performed is Ministerial, not
respondent, immediately or at some other time to
discretionary;
be specified by the court, to do the act required to
4. Defendant (ITCBOP) unlawfully neglects the be done to protect the rights of the petitioner, and
performance of an act which the law specifically to pay the damages sustained by the petitioner by
enjoins as a duty resulting from an office, trust or reason of the wrongful acts of the respondent.
station.
Injunctive relief
When petition for certiorari, prohibition and Section 7 Rule 65
mandamus is proper
The court in which the petition is filed may issue
When Certiorari is proper orders expediting the proceedings, and it may
Section 1 Rule 65 also grant a temporary restraining order or a writ
Petition for certiorari is proper when any tribunal, of preliminary injunction for the preservation of
board or officer exercising judicial or quasi- the rights of the parties pending such
judicial functions has acted without or in excess proceedings. The petition shall not interrupt the
its or his jurisdiction, or with grave abuse of course of the principal case unless a temporary
discretion amounting to lack or excess of restraining order or a writ of preliminary
jurisdiction, and there is no appeal, or any plain, injunction has been issued against the public
speedy, and adequate remedy in the ordinary respondent from further proceeding in the case
course of law, a person aggrieved thereby may Distinguish: certiorari, appeal by certiorari,
file a verified petition in the proper court, alleging and Article VIII, Section 1 of the Constitution
the facts with certainty and praying that judgment
be rendered annulling or modifying the
proceedings of such tribunal, board or officer, and
72
Special Civil Action of Certiorari under Rule 65
Nature
and Certiorari under Rule 45; Distinguished
Certiorari (Rule 45) Certiorari (Rule 65) SCA. It is OCA. It may Essentially
always the be the main remedial.
As to Issues Involved main action action itself
Employed to
or just
redress
Jurisdictional issues, a provisional
i.e., whether the past
remedy
respondent grievances
Issues raised or
committed
involved are purely of Against Whom Directed
grave abuse of
law.
discretion amounting
to lack or excess of Directed Directed Directed
jurisdiction. against a against a against a
court/tribunal party in the public official,
As to Jurisdiction or a person action. government
Exercised exercising Generally, it office or
judicial, involves acts agency.
Court is in the exercise quasi-judicial and
Court is exercising or ministerial transactions
of its appellate
original jurisdiction. functions of private
jurisdiction.
individuals
As to Where Filed When and Where to File
May be filed in the Section 4, Rule 65
appropriate court The petition shall be filed not later than sixty (60)
having jurisdiction days from notice of the judgment, order or
Brought only to the SC.
over the lower court, resolution. In case a motion for reconsideration
tribunal, board or or new trial is timely filed, whether such motion
officer. is required or not, the sixty (60) day period shall
be counted from notice of the denial of said
As to Pre-Condition motion.
The petition shall be filed in the Supreme Court or,
No need for a Motion
MR is a prerequisite. if it relates to the acts or omissions of a lower
for Reconsideration
court or of a corporation, board, officer or person,
in the Regional Trial Court exercising jurisdiction
As to Time of Filing
over the territorial area as defined by the
Appeal is taken within Petition is filed not Supreme Court. It may also be filed in the Court of
fifteen (15) days from later Appeals whether or not the same is in aid of its
notice of the judgment, than sixty (60) days appellate jurisdiction, or in the Sandiganbayan if
final order, or from notice of the it is in aid of its appellate jurisdiction. If it involves
resolution, or of denial judgment, order, or the acts or omissions of a quasi-judicial agency,
of petitioner‘s motion resolution sought to unless otherwise provided by law or these Rules,
for new trial or be the petition shall be filed in and cognizable only
reconsideration. assailed. by the Court of Appeals.
Exceptions to filing of motion for
reconsideration before filing
Article VIII, 1987 Constitution Petition
Section 1. The judicial power shall be vested in Exceptions: (LP-PeRUM-DICE)
one Supreme Court and in such lower courts as 1. Where the proceedings in the Lower court are a
may be established by law. nullity for lack of due process;
Distinguish: prohibition, mandamus, and 2. Where the order is a Patent nullity, as where
injunction the court a quo has no jurisdiction;
Prohibition Mandamus Injunction 3. Where the subject matter of the action is
Perishable;
73
4. Where the questions Raised in the certiorari the acts or omissions of a quasi-judicial agency,
proceeding have been duly raised and passed unless otherwise provided by law or these Rules,
upon by the lower court or are the same as those the petition shall be filed in and cognizable only
raised and passed upon in the lower court; by the Court of Appeals.
5. Where there is an Urgent necessity for the Effects of Filing an Unmeritorious Petition
resolution of the question; Rule 65
6. Where a Motion for reconsideration would be The court may dismiss the petition if:
useless;
1. It finds the same patently without merit
7. Where petitioner is Deprived of due process; or prosecuted manifestly for delay, or
8. Where the Issue raised is one purely of law or 2. If the questions raised therein are too
where public interest is involved; insubstantial to require consideration
9. Where, in a Criminal case, relief from an order QUO WARRANTO
of arrest is urgent and the granting of such relief
by the trial court is improbable; and Distinguish: quo warranto under the Rules of
10. Where the proceeding was Ex parte or in which
Court and quo warranto under the Omnibus
the petitioner had no opportunity to object Election Code
(Romy’s Freight Service v. Castro, G.R. No. 141637, Quo Warranto under Quo Warranto under
June 8, 2006). Rule 66 Omnibus Election
Reliefs petitioner is entitled to Code
Court may: As to Governing Law/ Rule

1. Issue orders expediting the proceedings,
and it may also grant a temporary The governing law is the The rules that govern
restraining order or a writ of preliminary election law are the provisions of
injunction for the preservation of the the Rules of Court.
rights of the parties. (Sec. 7, Rule 65)
As to Applicability
2. Incidental reliefs as law and justice may
require. (Secs. 1-2, Rule 65) Quo Warranto in Quo Warranto in
3. Other reliefs prayed to which the elective office appointive office
petitioner is entitled. (Sec. 8, Rule 65)
As to Issues
4. Disciplinary sanctions for erring lawyers
for patently dilatory and unmeritorious The issue is eligibility or The issue is the validity
petitions for certiorari. (Sec. 8, Rule 65) disloyalty to the of the appointment.
Acts or omissions of first-level/Regional Trial Republic of the
respondent.
Courts in election cases
In election cases involving an act or omission of a As to Effects
municipal or RTC, the petition (for certiorari,
prohibition, or mandamus) shall be filed The occupant who was The court will oust the
exclusively with the COMELEC, in aid of its declared ineligible or person illegally
appellate jurisdiction. [Sec. 4, par. 3, Rule 65 as disloyal will be appointed and will
amended by A.M. No. 07-7-12- SC (2007)] unseated and the order the seating of the
petitioner may be person who was legally
Where to file declared the rightful appointed and entitled
Sec. 4, Rule 65 occupant of the office if to the office.
The petition shall be filed in the Supreme Court or, the respondent is
if it relates to the acts or omissions of a lower disqualified and the
court or of a corporation, board, officer or person, petitioner received the
in the Regional Trial Court exercising jurisdiction second highest number
over the territorial area as defined by the of votes (see Maquiling
Supreme Court. It may also be filed in the Court of v. COMELEC, G.R. No.
Appeals whether or not the same is in aid of its
appellate jurisdiction, or in the Sandiganbayan if 195649, April 16, 2013).
it is in aid of its appellate jurisdiction. If it involves
74
Section 5 Rule 66
As to Prescriptive Period
A person claiming to be entitled to a public office
The petition for quo The petition must be or position usurped or unlawfully held or
warranto must be filed filed within 1 year from exercised by another may bring an action therefor
within ten (10) days the petitioner‘s ouster in his own name.
from proclamation of from the office, or the
the results of the right of the petitioner to
Judgment in quo warranto action
election. hold the office or Judgement where usurpation is found
position, arose Section 9 Rule 66
When the respondent is found guilty of usurping
As to Who May File into, intruding into, or unlawfully holding or
exercising a public office, position or franchise,
The action may be filed The petitioner must be
judgment shall be rendered that such respondent
by any voter even if he the person claiming to
be ousted and altogether excluded therefrom, and
is not entitled to the be entitled to the office
that the petitioner or relator, as the case may be,
office. and would assume it if
recover his costs. Such further judgment may be
the action succeeds.
rendered determining the respective rights in and
to the public office, position or franchise of all the
As to Jurisdiction
parties to the action as justice requires.
The petition is brought The petition is brought Rights of a person adjudged entitled to
in the COMELEC, the in the SC, the CA or the public office
RTC or the MTC as the RTC. Rights of persons adjudged entitled to public
case may be. office; delivery of books and papers; damages
Section 10 Rule 66
When government commences an action If judgment be rendered in favor of the person
against individuals or associations averred in the complaint to be entitled to the
public office he may, after taking the oath of office
When Solicitor General or public prosecutor may
and executing any official bond required by law,
commence action with permission of the court
take upon himself the execution of the office, and
Section 3 Rule 66
may immediately thereafter demand of the
The Solicitor General or a public prosecutor may, respondent all the books and papers in the
with the permission of the court in which the respondent's custody or control appertaining to
action is to be commenced, bring such an action the office to which the judgment relates. If the
at the request and upon the relation of another respondent refuses or neglects to deliver any
person; but in such case the officer bringing it book or paper pursuant to such demand, he may
may first require an indemnity for the expenses be punished for contempt as having disobeyed a
and costs of the action in an amount approved by lawful order of the court. The person adjudged
and to be deposited in the court by the person at entitled to the office may also bring action against
whose request and upon whose relation the same the respondent to recover the damages sustained
is brought by such person by reason of the usurpation.
When hearing had on application for permission Limitations
to commence action Section 11 Rule 66
Section 3 Rule 66
Nothing contained in this Rule shall be construed
The Solicitor General or a public prosecutor may, to authorize an action against a public officer or
with the permission of the court in which the employee for his ouster from office unless the
action is to be commenced, bring such an action same be commenced within one (1) year after the
at the request and upon the relation of another cause of such ouster, or the right of the petitioner
person; but in such case the officer bringing it to hold such office or position, arose, nor to
may first require an indemnity for the expenses authorize an action for damages in accordance
and costs of the action in an amount approved by with the provisions of the next preceding section
and to be deposited in the court by the person at unless the same be commenced within one (1)
whose request and upon whose relation the same year after the entry of the judgment establishing
is brought. the petitioner's right to the office in question
When individual may commence an action EXPROPRIATION
75
Matters to allege in complaint for AN ACT TO FACILITATE THE ACQUISITION OF
expropriation RIGHT-OF-WAY, SITE OR LOCATION FOR
The complaint NATIONAL GOVERNMENT INFRASTRUCTURE
PROJECTS AND FOR OTHER PURPOSES
Section 1 Rule 67
R.A. No. 8974
The right of eminent domain shall be exercised by
the filing of a verified complaint which shall state On Nov. 7, 2000, Congress enacted R.A. 8974, a
with certainty the right and purpose of special law to facilitate the acquisition of right of
expropriation, describe the real or personal way, site, or location for National Government
property sought to be expropriated, and join as Infrastructure Projects. It applies only when Only
defendants all persons owning or claiming to when National Government expropriates property
own, or occupying, any part thereof or interest for national government infrastructure projects.
therein, showing, so far as practicable, the Government is required to make immediate
separate interest of each defendant. If the title to payment to the owner upon filing of the complaint
any property sought to be expropriated appears equal to the market value of the property as
to be in the Republic of the Philippines, although stated in the tax declaration or 100% of the value
occupied by private individuals, or if the title is of the property based on the current relevant
otherwise obscure or doubtful so that the plaintiff zonal value of the BIR, whichever is higher, and
cannot with accuracy or certainty specify who are the value of the improvements and/or structures
the real owners, averment to that effect shall be using replacement cost method.
made in the complaint. Defenses and objections
Two stages in every action for expropriation Section 3 Rule 67
1. Determination of the authority of the plaintiff to If a defendant has no objection or defense to the
exercise the power of eminent domain and the action or the taking of his property, he may file
propriety of its exercise in the context of the facts and serve a notice of appearance and a
involved in the suit. manifestation to that effect, specifically
designating or identifying the property in which he
2. Determination by the Court of the just claims to be interested, within the time stated in
compensation for the property sought to be taken. the summons. Thereafter, he shall be entitled to
When plaintiff can immediately enter into notice of all proceedings affecting the same.
possession of the real property If a defendant has any objection to the filing of or
Entry of plaintiff upon depositing value with the allegations in the complaint, or any objection
authorized government depositary or defense to the taking of his property, he shall
Section 2 Rule 67 serve his answer within the time stated in the
summons. The answer shall specifically
Upon the filing of the complaint or at any time designate or identify the property in which he
thereafter and after due notice to the defendant, claims to have an interest, state the nature and
the plaintiff shall have the right to take or enter extent of the interest claimed, and adduce all his
upon the possession of the real property involved objections and defenses to the taking of his
if he deposits with the authorized government property. No counterclaim, cross-claim or third-
depositary an amount equivalent to the assessed party complaint shall be alleged or allowed in the
value of the property for purposes of taxation to answer or any subsequent pleading
be held by such bank subject to the orders of the
court. Such deposit shall be in money, unless in A defendant waives all defenses and objections
lieu thereof the court authorizes the deposit of a not so alleged but the court, in the interest of
certificate of deposit of a government bank of the justice, may permit amendments to the answer to
Republic of the Philippines payable on demand to be made not later than ten (10) days from the filing
the authorized government depositary. thereof. However, at the trial of the issue of just
compensation whether or not a defendant has
If personal property is involved, its value shall be previously appeared or answered, he may
provisionally ascertained and the amount to be present evidence as to the amount of the
deposited shall be promptly fixed by the court. compensation to be paid for his property, and he
New system of immediate payment of initial may share in the distribution of the award.
just compensation Order of expropriation
Section 4 Rule 67
If the objections to and the defenses against the
right of the plaintiff to expropriate the property
76
are overruled, or when no party appears to The commissioners shall assess the
defend as required by this Rule, the court may consequential damages to the property not taken
issue an order of expropriation declaring that the and deduct from such consequential damages the
plaintiff has a lawful right to take the property consequential benefits to be derived by the owner
sought to be expropriated, for the public use or from the public use or purpose of the property
purpose described in the complaint, upon the taken, the operation of its franchise by the
payment of just compensation to be determined corporation or the carrying on of the business of
as of the date of the taking of the property or the the corporation or person taking the property. But
filing of the complaint, whichever came first. in no case shall the consequential benefits
assessed exceed the consequential damages
A final order sustaining the right to expropriate
assessed, or the owner be deprived of the actual
the property may be appealed by any party
value of his property so taken.
aggrieved thereby. Such appeal, however, shall
not prevent the court from determining the just Report by commissioners and judgment
compensation to be paid. thereupon.
After the rendition of such an order, the plaintiff Section 7 Rule 67
shall not be permitted to dismiss or discontinue The court may order the commissioners to report
the proceeding except on such terms as the court when any particular portion of the real estate
deems just and equitable shall have been passed upon by them, and may
Ascertainment of just compensation render judgment upon such partial report, and
direct the commissioners to proceed with their
Section 5 Rule 67
work as to subsequent portions of the property
Upon the rendition of the order of expropriation, sought to be expropriated, and may from time to
the court shall appoint not more than three (3) time so deal with such property. The
competent and disinterested persons as commissioners shall make a full and accurate
commissioners to ascertain and report to the report to the court of all their proceedings, and
court the just compensation for the property such proceedings shall not be effectual until the
sought to be taken. The order of appointment shall court shall have accepted their report and
designate the time and place of the first session rendered judgment in accordance with their
of the hearing to be held by the commissioners recommendations. Except as otherwise
and specify the time within which their report expressly ordered by the court, such report shall
shall be submitted to the court. be filed within sixty (60) days from the date the
commissioners were notified of their
Copies of the order shall be served on the parties.
appointment, which time may be extended in the
Objections to the appointment of any of the
discretion of the court. Upon the filing of such
commissioners shall be filed with the court within
report, the clerk of the court shall serve copies
ten (10) days from service, and shall be resolved
thereof on all interested parties, with notice that
within thirty (30) days after all the commissioners
they are allowed ten (10) days within which to file
shall have received copies of the objections.
objections to the findings of the report, if they so
Appointment of commissioners; commissioner's desire.
report; court action upon commissioner's Action upon commissioners' report
report Section 8 Rule 67
Proceedings by commissioners
Upon the expiration of the period of ten (10) days
Section 6 Rule 67
referred to in the preceding section, or even
Before entering upon the performance of their before the expiration of such period but after all
duties, the commissioners shall take and the interested parties have filed their objections
subscribe an oath that they will faithfully perform to the report or their statement of agreement
their duties as commissioners, which oath shall therewith, the court may, after hearing, accept the
be filed in court with the other proceedings in the report and render judgment in accordance
case. Evidence may be introduced by either party therewith, or, for cause shown, it may recommit
before the commissioners who are authorized to the same to the commissioners for further report
administer oaths on hearings before them, and of facts, or it may set aside the report and appoint
the commissioners shall, unless the parties new commissioners; or it may accept the report
consent to the contrary, after due notice to the in part and reject it in part and it may make such
parties, to attend, view and examine the property order or render such judgment as shall secure to
sought to be expropriated and its surroundings, the plaintiff the property essential to the exercise
and may measure the same, after which either of his right of expropriation, and to the defendant
party may, by himself or counsel, argue the case. just compensation for the property so taken.
77
Rights of plaintiff upon judgment and mortgaged property by public auction, under Act
payment No. 3135.
Section 10 Rule 67 Need for special power of attorney
pon payment by the plaintiff to the defendant of Section 1 of Act No. 3135
the compensation fixed by the judgment, with When a sale is made under a special power
legal interest thereon from the taking of the inserted in or attached to any real estate
possession of the property, or after tender to him mortgage hereafter made as security for the
of the amount so fixed and payment of the costs, payment of money or the fulfillment of any other
the plaintiff shall have the right to enter upon the obligation, the provisions of the following section
property expropriated and to appropriate it for the shall govern as to the manner in which the sale
public use or purpose defined in the judgment, or and redemption shall be effected, whether or not
to retain it should he have taken immediate provision for the same is made in the power.
possession thereof under the provisions of
section 2 hereof. If the defendant and his counsel In the extrajudicial foreclosure of property
absent themselves from the court, or decline to subject of a real estate mortgage, Act No. 3135 (An
receive the amount tendered, the same shall be Act to Regulate the Sale of Property Under
ordered to be deposited in court and such deposit Special Powers Inserted in or Annexed to Real
shall have the same effect as actual payment Estate Mortgages) is quite explicit and definite
thereof to the defendant or the person ultimately about the special power to sell the property being
adjudged entitled thereto. required to be either inserted in or attached to the
deed of mortgage. (Baysa v. Plantilla, GR.
Effect of recording of judgment No.159271)
Recording judgment, and its effect.
Authority to foreclose extrajudicially
Section 13 Rule 67
A mortgage may be foreclosed extrajudicially
The judgment entered in expropriation
where there is inserted in the contract a clause
proceedings shall state definitely, by an adequate
giving the mortgagee the power, upon default of
description, the particular property or interest
the debtor, to foreclose the mortgage by an
therein expropriated, and the nature of the public
extrajudicial sale of the mortgaged property (Act
use or purpose for which it is expropriated. When
No. 3135, as amended by Act No. 4148, Sec. 1)
real estate is expropriated, a certified copy of
such judgment shall be recorded in the registry of Procedure
deeds of the place in which the property is Where to File
situated, and its effect shall be to vest in the
plaintiff the title to the real estate so described for In Judicial foreclosure, a judicial action must
such public use or purpose. brought to the proper court having jurisdiction.
FORECLOSURE OF REAL ESTATE Whereas in extrajudicial foreclosure, the

application must be filed before the Executive
MORTGAGE
Judge through the Clerk of Court
Kinds of foreclosure Where to Sell
Judicial foreclosure
In both kinds of foreclosure, Sale cannot be
It is an ordinary action for foreclosure under Rule made legally outside the city or province
68 of the Rules of Court. wherein the property sold is situated. In case
Nature: the place has been stipulated, it shall be made
in the municipal building of the said place
1. A proceeding for judicial foreclosure of
mortgage is an action quasi in rem. It is based on Posting Requirement
a personal claim against a specific property of the Not less than twenty (20) days in at least three (3)
defendant (Ocampo v. Domalanta, G.R. No. L-21011, public places of the municipality or city where the
August 30, 1967); property is situated.
2. It is a result or incident of failure to pay Notices are given to secure bidders and to
indebtedness; and prevent a sacrifice of the property (Sps. Suico v.
3. It survives the death of the mortgagor Philippine National Bank, G.R. 170215, August 28,
2007)
Extrajudicial Foreclosure
Publication Requirement
It is an extrajudicial foreclosure when mortgagee
is given a special power of attorney to sell the Sufficiency of newspaper publication
78
Once a week for at least three (3) consecutive section one hundred and ninety-four of the
Administrative Code, or of any other real property
weeks in a newspaper of general circulation in
encumbered with a mortgage duly registered in
the city or municipality. the office of any register of deeds in accordance
Need for republication in case of postponement with any existing law, and in each case the clerk
of the court shall, upon the filing of such petition,
Another publication is required in case the collect the fees specified in paragraph eleven of
auction sale is rescheduled, and the absence of section one hundred and fourteen of Act
such republication invalidates the foreclosure Numbered Four hundred and ninety-six, as
sale. (Ouano vs. CA, GR. No. 129279, 4 March 2003) amended by Act Numbered Twenty-eight hundred
Personal notice to the mortgagor when and and sixty-six, and the court shall, upon approval
when not needed of the bond, order that a writ of possession issue,
addressed to the sheriff of the province in which
As a general rule, personal notice to the the property is situated, who shall execute said
mortgagor in extrajudicial foreclosure order immediately.
proceedings is not necessary. Section 3 of Act No.
3135 governing extra-judicial foreclosure of real Remedy of debtor if foreclosure is not
estate mortgages only requires the 1) posting of proper
the notice of extrajudicial foreclosure sale in Section 8 Act 3135
three public places; and 2) publication of the said
The debtor may, in the proceedings in which
notice in a newspaper of general circulation.
possession was requested, but not later than
Nevertheless, jurisprudence is replete with Our thirty days after the purchaser was given
pronouncement that despite the above provisions possession, petition that the sale be set aside and
of the law, the parties to a mortgage contract are the writ of possession cancelled, specifying the
not precluded from imposing additional damages suffered by him, because the mortgage
stipulations. This includes the requirement of was not violated or the sale was not made in
personal notification to the mortgagor of any accordance with the provisions hereof, and the
action relative to the mortgage contract, such as court shall take cognizance of this petition in
the institution of an extrajudicial foreclosure accordance with the summary procedure
proceeding. provided for in section one hundred and twelve of
Thus, the exception to the rule is when the parties Act Numbered Four hundred and ninety-six; and
stipulate that personal notice is additionally if it finds the complaint of the debtor justified, it
required to be given the mortgagor. Failure to shall dispose in his favor of all or part of the bond
abide by the general rule, or its exception, furnished by the person who obtained
renders the foreclosure proceedings null and possession. Either of the parties may appeal from
void. (Planters Development Bank v. Lubiya Agro the order of the judge in accordance with section
Iindustrial Corporation, GR. No. 207976, fourteen of Act Numbered Four hundred and
November 14, 2018) ninety-six; but the order of possession shall
continue in effect during the pendency of the
Possession by purchaser of foreclosed appeal.
property
Redemption
Section 7 Act 3135
Who May Redeem
In any sale made under the provisions of this Act, Persons Entitled to Exercise Right of Redemption:
the purchaser may petition the Court of First
Instance of the province or place where the 1. Mortgagor or one in privity of title with the
property or any part thereof is situated, to give mortgagor (DE LEON, supra at 468); and
him possession thereof during the redemption 2. Successors-in-interest (RULES OF COURT,
period, furnishing bond in an amount equivalent Rule 39, Sec. 29)
to the use of the property for a period of twelve
months, to indemnify the debtor in case it be Amount of redemption price
shown that the sale was made without violating 1. When mortgagee is not a bank (Act No. 3135, in
the mortgage or without complying with the relation to Sec. 28, Rule 39 of Rules of Court)
requirements of this Act. Such petition shall be (PINT)
made under oath and filed in form of an ex parte
a. Purchase price of the property;
motion in the registration or cadastral
proceedings if the property is registered, or in b. 1% Interest per month on the purchase price
special proceedings in the case of property from the date of registration of the certificate up
registered under the Mortgage Law or under to the time of redemption;
79
c. Necessary expenses incurred by the purchaser Enforcement against third parties
for the improvements made by him to preserve Section 35 Rule 39, Section 6 Act 3135
the property during the period of redemption; and
When third party is in actual possession adverse
d. Taxes paid and amount of purchaser‟s prior to the judgment debtor, writ of possession will not
lien, if any, with the same rate of interest be available.
computed from the date of registration of sale, up
to the time of redemption Pendency of action for annulment of sale
Section 8 Act 3135
2. When mortgagee is a bank (General Banking
Law of 2000, R.A. 8791) (CMICE) Either of the parties may appeal from the order of
the judge in accordance with section fourteen of
a. Amount fixed by the Court or amount due under Act numbered Four hundred and ninety-six; but
the Mortgage deed; the order of possession shall continue in effect
b. Interest; and during the pendency of the appeal.
c. Cost and Expenses Annulment of sale
Redemption price in this case is reduced by the This petition contests the presumed right of
income received from the property. ownership of the buyer in a foreclosure sale and
puts in issue such presumed right of ownership
Period for redemption
while an ex parte petition for issuance of a writ of
Act No. 3135 possession is non-litigous proceeding.
1. Extrajudicial Filing of a petition for nullification of foreclosure
a. Natural Person – one (1) year from registration proceedings with motion for consolidation is not
of the certificate of sale with Registry of Deeds allowed as it will render nugatory the presumed
right of ownership, as well as the right of
b. Juridical Person – same rule as natural person
possession, of a buyer in a foreclosure sale.
Section 47 R.A. 8791
PARTITION
c. Juridical Person (mortgagor) and Bank
(mortgagee) – three (3) months after foreclosure Who may file complaint; who should be
or before registration of certificate of foreclosure made defendants
whichever is earlier. Parties
Section 2 and 3 Rule 68 All co-owners are indispensable parties.
Creditors or assignees of co-owners may
2. Judicial – within the period of ninety (90) to one
intervene and object to a partition effected
hundred twenty (120) days from the date of the
without their concurrence. But they cannot
service of the order of foreclosure or even
impugn a partition already executed unless:
thereafter, but before the order of confirmation of
the sale 1. There has been fraud; or
Effect of pendency of action for annulment of sale 2. In case it was made notwithstanding a formal
opposition presented to prevent it.
The pendency of an action stops the running of the
right of redemption and that said right continues However, this right to intervene is not absolute
after perfection of an appeal until the decision of and intervenor must show a legitimate and proper
the appeal interest in the subject property (De Borja v. Jugo,
G.R. No. L-45297, July 16, 1937)
Writ of possession
Matters to allege in the complaint for
A writ of possession is an order whereby a sheriff
is commanded to place in possession, of real or
partition
personal property, the person entitled thereto Complaint in action for partition of sale
such as when a property is extrajudicially Section 1 Rule 69
foreclosed.
A person having the right to compel the partition
Ministerial duty of the court of real estate may do so as provided in this Rule,
setting forth in his complaint the nature and
Before expiration of redemption period –
extent of his title and an adequate description of
possession can be availed of as long as an ex
the real estate of which partition is demanded and
parte motion under oath is filed and a bond in
joining as defendants all other persons interested
accordance with Section 7 of Act No. 3135 is
in the property.
posted (Philippine Bank of Communications v.
Yeung) Two stages in every action for partition
80
Two Phases of Partition and Accounting Suit Action of the court upon commissioners’ report
1. Determination of whether or not a co- Section 7 Rule 69
ownership exists, and if partition is proper; and Upon the expiration of the period of ten (10) days
2. Accounting and actual partition of the property referred to in the preceding section or even
(2 RIANO (2012), supra at 418). before the expiration of such period but after the
interested parties have filed their objections to
In a complaint for partition, the plaintiff seeks, the report or their statement of agreement
first, a declaration that he is a co-owner of the therewith the court may, upon hearing, accept the
subject properties; and second, the conveyance of report and render judgment in accordance
his lawful shares (Abalos v. Bucal, G.R. No. therewith, or, for cause shown recommit the
156224, February 19, 2008). same to the commissioners for further report of
Order of partition and partition by facts; or set aside the report and appoint new
agreement commissioners; or accept the report in part and
reject it in part; and may make such order and
Section 2 Rule 69 render such judgment as shall effectuate a fair
If after the trial the court finds that the plaintiff and just partition of the real estate, or of its value,
has the right thereto, it shall order the partition of if assigned or sold as above provided, between
the real estate among all the parties in interest. the several owners thereof.
Thereupon the parties may, if they are able to
Judgment and its effects
agree, make the partition among themselves by
proper instruments of conveyance, and the court The judgment and its effect; copy to be recorded
shall confirm the partition so agreed upon by all in registry of deeds
the parties, and such partition, together with the Section 11 Rule 69
order of the court confirming the same, shall be If actual partition of property is made, the
recorded in the registry of deeds of the place in judgment shall state definitely, by metes and
which the property is situated. bounds and adequate description, the particular
Partition by commissioners; appointment of portion of the real estate assigned to each party,
commissioners, commissioner's report; court and the effect of the judgment shall be to vest in
action upon commissioner's report each party to the action in severalty the portion of
the real estate assigned to him. If the whole
Commissioners to make partition when parties property is assigned to one of the parties upon his
fail to agree paying to the others the sum or sums ordered by
Section 3 Rule 69 the court, the judgment shall state the fact of such
If the parties are unable to agree upon the payment and of the assignment of the real estate
partition, the court shall appoint not more than to the party making the payment, and the effect of
three (3) competent and disinterested persons as the judgment shall be to vest in the party making
commissioners to make the partition, the payment the whole of the real estate free from
commanding them to set off to the plaintiff and to any interest on the part of the other parties to the
each party in interest such part and proportion of action. If the property is sold and the sale
the property as the court shall direct. confirmed by the court, the judgment shall state
the name of the purchaser or purchasers and a
Report of commissioners; proceedings not definite description of the parcels of real estate
binding until confirmed sold to each purchaser, and the effect of the
Section 5 Rule 69 judgment shall be to vest the real estate in the
The commissioners shall make a full and purchaser or purchasers making the payment or
accurate report to the court of all their payments, free from the claims of any of the
proceedings as to the partition, or the assignment parties to the action. A certified copy of the
of real estate to one of the parties, or the sale of judgment shall in either case be recorded in the
the same. Upon the filing of such report, the clerk registry of deeds of the place in which the real
of court shall serve copies thereof on all the estate is situated, and the expenses of such
interested parties with notice that they are recording shall be taxed as part of the costs of the
allowed ten (10) days within which to file action.
objections to the findings of the report, if they so Partition of personal property
desire. No proceeding had before or conducted by Section 13 Rule 69
the commissioners and rendered judgment
thereon. The provisions of this Rule shall apply to
partitions of estates composed of personal
81
property, or of both real and personal property, in legal representatives or assigns of any such
so far as the same may be applicable. lessor, vendor, vendee, or other person, may, at
any time within one (1) year after such unlawful
Prescription of action deprivation or withholding of possession.
General Rule: Any of the co-owners of the
Whereas unlawful detainer is a person who
undivided property may demand partition. It can
unlawfully possessing the property after the
be made anytime and the right to demand
termination of a lawful contract to possess.
partition is imprescriptible.
Distinguish: forcible entry, unlawful detainer,
Exceptions:
accion publiciana, and accion reivindicatoria
1. If a co-owner asserts adverse title to the
property in which case the period of prescription Accion Accion Accion
runs from such time of assertion of the adverse Publiciana Reinvindicatoria
Interdictal
title; (Ejectment
2. There is an agreement among the co-owners to
keep the property undivided for a certain period Nature
but not exceeding ten (10) years (CIVIL CODE, Art.
494); Summary A plenary An action for
action for the action for the the recovery of
3. Partition is prohibited by the donor or testator recovery of recovery of ownership,
for a period not exceeding twenty (20) years physical the real right which
(CIVIL CODE, Arts. 494 and 1083); possession of possession necessarily
4. Partition is prohibited by law (CIVIL CODE, Art. where the when the includes the
494); dispossession dispossession recovery of
has not lasted has lasted for possession.
5. When the property is not subject to a physical for more than more than
division and to do so would render the thing one (1) year one (1) year
unserviceable for the use it is intended (CIVIL
CODE, Art. 495); Jurisdiction in accion publiciana and accion
6. When the condition imposed upon voluntary reivindicatoria
heirs before they can demand partition has not Jurisdiction
yet been fulfilled (CIVIL CODE, Art. 1084).
When partition is not allowed All cases of forcible RTC has jurisdiction if
entry and unlawful the value of the
An action for partition implies that the property is detainer irrespective of property exceeds
still owned in common. Considering that the heirs the amount of damages PhP20,000 outside
had already executed a deed of extrajudicial or unpaid rentals Metro Manila; exceeds
settlement and waived their shares in favor of sought to be recovered PhP50,000 within
respondent, the properties are no longer under a should be brought to Metro Manila. MTC has
state of coownership; there is nothing more to be the MTC. However, if not jurisdiction if the value
partitioned, as ownership had already been brought within one (1) of the property does
merged in on person. (Mangahas v. Brobio, GR. year, RTC has not exceed the above
No. 183852, October 20, 2010) amounts.
Jurisdiction
Therefore, partition is not allowed when there is
no existing co-ownership. Who may institute the action and when;
against whom the action may be maintained
FORCIBLE ENTRY AND UNLAWFUL
DETAINER Against whom action may be maintained
1. The action of forcible entry and unlawful
Definition and distinction
detainer may be maintained only against one in
Section 1 Rule 70 possession at the commencement of the action;
Forcible entry is when a person deprived of the 2. Tenant with right of possession may bring
possession of any land or building by force, action against another tenant;
intimidation, threat, strategy, or stealth, or a
lessor, vendor, vendee, or other person against 3. Vendor may bring action for ejectment against
whom the possession of any land or building is vendee upon failure to pay the installments;
unlawfully withheld after the expiration or 4. Forcible entry and unlawful detainer lie even
termination of the right to hold possession, by against the very owner of property;
virtue of any contract, express or implied, or the
82
5. The action may be maintained against Resolving defense of ownership
government officials or agents acting in behalf of Section 16 Rule 70
the government even if the government is not
made a party to the action. However, if in addition When the defendant raises the defense of
to the recovery of possession, the plaintiff also ownership in his pleadings and the question of
seeks the recovery of damages or rentals which possession cannot be resolved without deciding
would thereby result in financial liability to the the issue of ownership, the issue of ownership
government, the action cannot be maintained shall be resolved only to determine the issue of
under the rule of non-suability of the State possession.
without its consent (Tumbaga v. Vasquez, G.R. No. How to stay the immediate execution of
L-8719, July 17, 1956). judgment
Pleadings allowed Immediate execution of judgment; how to stay
Section 4 Rule 70 same
The only pleadings allowed to be filed are the Section 19 Rule 70
complaint, compulsory counterclaim and cross- If judgment is rendered against the defendant,
claim pleaded in the answer, and the answers execution shall issue immediately upon motion
thereto. All pleadings shall be verified. unless an appeal has been perfected and the
defendant to stay execution files a sufficient
Action on the complaint
supersedeas bond, approved by the Municipal
Section 5 Rule 70 Trial Court and executed in favor of the plaintiff to
The court may, from an examination of the pay the rents, damages, and costs accruing down
allegations in the complaint and such evidence as to the time of the judgment appealed from, and
may be attached thereto, dismiss the case unless, during the pendency of the appeal, he
outright on any of the grounds for the dismissal deposits with the appellate court the amount of
of a civil action which are apparent therein. If no rent due from time to time under the contract, if
ground for dismissal is found, it shall forthwith any, as determined by the judgment of the
issue summons. Municipal Trial Court. In the absence of a contract,
he shall deposit with the Regional Trial Court the
When demand is necessary reasonable value of the use and occupation of the
Lessor to proceed against lessee only after premises for the preceding month or period at the
demand. rate determined by the judgment of the lower
Section 2 Rule 70 court on or before the tenth day of each
succeeding month or period. The supersedeas
Unless otherwise stipulated, such action by the
bond shall be transmitted by the Municipal Trial
lesser shall be commenced only after demand to
Court, with the papers, to the clerk of the Regional
pay or comply with the conditions of the lease and
Trial Court to which the action is appealed.
to vacate is made upon the lessee, or by serving
written notice of such demand upon the person Prohibited pleadings and motions
found on the premises if no person be found Section 13 Rule 70
thereon, and the lessee fails to comply therewith
after fifteen (15) days in the case of land or five (5) The following petitions, motions, or pleadings
days in the case of buildings. shall not be allowed:
Preliminary injunction and preliminary 1. Motion to dismiss the complaint except on the
ground of lack of jurisdiction over the subject
mandatory injunction matter, or failure to comply with section 12;
Section 15 Rule 70
2. Motion for a bill of particulars;
The court may grant preliminary injunction, in
accordance with the provisions of Rule 58 hereof, 3. Motion for new trial, or for reconsideration of a
to prevent the defendant from committing further judgment, or for reopening of trial;
acts of dispossession against the plaintiff. 4. Petition for relief from judgment;
A possessor deprived of his possession through 5. Motion for extension of time to file pleadings,
forcible from the filing of the complaint, present a affidavits or any other paper;
motion in the action for forcible entry or unlawful
detainer for the issuance of a writ of preliminary 6. Memoranda;
mandatory injunction to restore him in his 7. Petition for certiorari, mandamus, or
possession. The court shall decide the motion prohibition against any interlocutory order issued
within thirty (30) days from the filing thereof. by the court;
83
8. Motion to declare the defendant in default; (e) Assuming to be an attorney or an officer of a
court, and acting as such without authority;
9. Dilatory motions for postponement;
(f) Failure to obey a subpoena duly served;
10. Reply;
(g) The rescue, or attempted rescue, of a person
11. Third-party complaints;
or property in the custody of an officer by virtue
12. Interventions. of an order or process of a court held by him.
CONTEMPT But nothing in this section shall be so construed
as to prevent the court from issuing process to
Kinds of contempt bring the respondent into court, or from holding
Direct contempt punished summarily. him in custody pending such proceedings,
Section 1 Rule 71
Purpose and nature of each
A person guilty of misbehavior in the presence of
or so near a court as to obstruct or interrupt the The power to declare a person in contempt of
proceedings before the same, including court and in dealing with him accordingly is an
disrespect toward the court, offensive inherent power lodged in courts of justice, to be
personalities toward others, or refusal to be used as a means to protect and preserve the
sworn or to answer as a witness, or to subscribe dignity of the court, the solemnity of the
an affidavit or deposition when lawfully required proceedings therein, and the administrations of
to do so, may be summarily adjudged in contempt justice from callous misbehavior, offensive
by such court and punished by a fine not personalities, and contumacious refusal to
exceeding two thousand pesos or imprisonment comply with court orders (In the Matter to declare
not exceeding ten (10) days, or both, if it be a in contempt of court Hon. Simeon Datumanong,
Regional Trial Court or a court of equivalent or G.R. No. 150274, August 4, 2006)
higher rank, or by a fine not exceeding two Its existence is essential to the preservation of
hundred pesos or imprisonment not exceeding order in judicial proceedings and to the
one (1) day, or both, if it be a lower court, enforcement of judgments, orders, and mandates
Indirect contempt of the courts, and, consequently, to the due
administration of justice.
Section 3 Rule 71
The exercise of the power to punish for contempt
After a charge in writing has been filed, and an has a dual aspect. Primarily, the proper
opportunity given to the respondent to comment punishment of the guilty party for his disrespect
thereon within such period as may be fixed by the to the courts. Secondarily, his compulsory
court and to be heard by himself or counsel, a performance of some act or duty required of him
person guilty of any of the following acts may be by the court and which he refuses to perform
punished for indirect contempt; (Perkins v. Director of Prisons, G.R. No. 39676,
(a) Misbehavior of an officer of a court in the June 30, 1933).
performance of his official duties or in his official
Remedy against direct contempt; penalty
transactions;
Section 2 Rule 71
(b) Disobedience of or resistance to a lawful writ,
process, order, or judgment of a court, including The person adjudged in direct contempt by any
the act of a person who, after being dispossessed court may not appeal therefrom, but may avail
or ejected from any real property by the judgment himself of the remedies of certiorari or
or process of any court of competent jurisdiction, prohibition. The execution of the judgment shall
enters or attempts or induces another to enter be suspended pending resolution of such petition,
into or upon such real property, for the purpose provided such person files a bond fixed by the
of executing acts of ownership or possession, or court which rendered the judgment and
in any manner disturbs the possession given to conditioned that he will abide by and perform the
the person adjudged to be entitled thereto; judgment should the petition be decided against
him.
(c) Any abuse of or any unlawful interference with
the processes or proceedings of a court not Remedy against indirect contempt; penalty
constituting direct contempt under section 1 of Section 7 Rule 71
this Rule;
If the respondent is adjudged guilty of indirect
(d) Any improper conduct tending, directly or contempt committed against a Regional Trial
indirectly, to impede, obstruct, or degrade the Court or a court of equivalent or higher rank, he
administration of justice; may be punished by a fine not exceeding thirty
thousand pesos or imprisonment not exceeding
84
six (6) months, or both. If he is adjudged guilty of (b) Disobedience of or resistance to a lawful writ,
contempt committed against a lower court, he process, order, or judgment of a court, including
may be punished by a fine not exceeding five the act of a person who, after being dispossessed
thousand pesos or imprisonment not exceeding or ejected from any real property by the judgment
one (1) month, or both. If the contempt consists in or process of any court of competent jurisdiction,
the violation of a writ of injunction, temporary enters or attempts or induces another to enter
restraining order or status quo order, he may also into or upon such real property, for the purpose
be ordered to make complete restitution to the of executing acts of ownership or possession, or
party injured by such violation of the property in any manner disturbs the possession given to
involved or such amount as may be alleged and the person adjudged to be entitled thereto;
proved.
(c) Any abuse of or any unlawful interference with
The writ of execution, as in ordinary civil actions, the processes or proceedings of a court not
shall issue for the enforcement of a judgment constituting direct contempt under section 1 of
imposing a fine unless the court otherwise this Rule;
provides.
(d) Any improper conduct tending, directly or
How contempt proceedings are commenced indirectly, to impede, obstruct, or degrade the
Section 4 Rule 71 administration of justice;
Proceedings for indirect contempt may be (e) Assuming to be an attorney or an officer of a

initiated motu propio by the court against which court, and acting as such without authority;
the contempt was committed by an order or any (f) Failure to obey a subpoena duly served;
other formal charge requiring the respondent to
show cause why he should not be punished for (g) The rescue, or attempted rescue, of a person
contempt. or property in the custody of an officer by virtue
of an order or process of a court held by him.
In all other cases, charges for indirect contempt
shall be commenced by a verified petition with When imprisonment shall be imposed
supporting particulars and certified true copies of Imprisonment until order obeyed
documents or papers involved therein, and upon Section 8 Rule 71
full compliance with the requirements for filing
When the contempt consists in the refusal or
initiatory pleadings for civil actions in the court
omission to do an act which is yet in the power of
concerned. If the contempt charges arose out of
the respondent to perform, he may be imprisoned
or are related to a principal action pending in the
by order of the court concerned until he performs
court, the petition for contempt shall allege that
it.
fact but said petition shall be docketed, heard and
decided separately, unless the court in its Contempt against quasi-judicial bodies
discretion orders the consolidation of the Section 12 Rule 71
contempt charge and the principal action for joint
hearing and decision. Unless otherwise provided by law, this Rule shall
apply to contempt committed against persons,
Acts deemed punishable as indirect contempt entities, bodies or agencies exercising quasi-
Section 3 Rule 71 judicial functions, or shall have suppletory effect
to such rules as they may have adopted pursuant
Any of the following acts may be punished for
to authority granted to them by law to punish for
indirect contempt;
contempt. The Regional Trial Court of the place
(a) Misbehavior of an officer of a court in the wherein the contempt has been committed shall
performance of his official duties or in his official have jurisdiction over such charges as may be
transactions; filed therefor.
85
SPECIAL PROCEEDINGS
Settlement of Estate of Deceased Persons, person until he performs such order or judgment,
Venue and Process or is released.
Which court has jurisdiction Summary Settlement of Estates

Pursuant to R.A. No. 7691, the question as to which Extrajudicial settlement by agreement
court shall exercise jurisdiction over probate between heirs, when allowed
proceedings depends upon the gross value of the Section 1, Rule 74
estate of the decedent.
If the decedent left no will and no debts and the
In Metro Manila heirs are all of age, or the minors are represented
• MTC – if the value of the estate does not by their judicial or legal representatives duly
exceed P400,000 authorized for the purpose, the parties may
• RTC – if it exceeds such value without securing letters of administration, divide
the estate among themselves as they see fit by
Outside Metro Manila means of a public instrument filed in the office of
• MTC - if gross value of the estate does the register of deeds, and should they disagree,
not exceed P300,000 they may do so in an ordinary action of partition.
• RTC - if it exceeds such value Two-year prescriptive period
(Festin 15, 2020 Ed.) Section 1, Rule 74
Venue in judicial settlement of estate It shall be presumed that the decedent left no
Section 1, Rule 73 debts if no creditor files a petition for letters of
administration within two (2) years after the death
If the decedents is an inhabitant of the Philippines of the decedent.
at the time of his death, whether a citizen or an
alien, his will shall be proved, or letters of Affidavit of self-adjudication by sole heir
administration granted, and his estate settled, in Section 1, Rule 74
the Court of First Instance in the province in which
If there is only one heir, he may adjudicate to
he resides at the time of his death, and if he is an
himself the entire estate by means of an affidavit
inhabitant of a foreign country, the Court of First
filed in the office of the register of deeds. The
Instance of any province in which he had estate.
parties to an extrajudicial settlement, whether by
Extent of jurisdiction of probate court public instrument or by stipulation in a pending
Section 1, Rule 73 action for partition, or the sole heir who
adjudicates the entire estate to himself by means
The court first taking cognizance of the of an affidavit shall file, simultaneously with and
settlement of the estate of a decedent, shall as a condition precedent to the filing of the public
exercise jurisdiction to the exclusion of all other instrument, or stipulation in the action for
courts. The jurisdiction assumed by a court, so far partition, or of the affidavit in the office of the
as it depends on the place of residence of the register of deeds, a bond with the said register of
decedent, or of the location of his estate, shall not deeds, in an amount equivalent to the value of the
be contested in a suit or proceeding, except in an personal property involved as certified to under
appeal from that court, in the original case, or oath by the parties concerned and conditioned
when the want of jurisdiction appears on the upon the payment of any just claim that may be
record. filed under section 4 of this rule.
Powers and duties of probate court Summary settlement of estates of small
Section 3, Rule 73 value, when allowed
In the exercise of probate jurisdiction, Courts of Section 2, Rule 74
First Instance may issue warrants and process Whenever the gross value of the estate of a
necessary to compel the attendance of witnesses deceased person, whether he died testate or
or to carry into effect theirs orders and intestate, does not exceed ten thousand pesos,
judgments, and all other powers granted them by and that fact is made to appear to the Court of
law. If a person does not perform an order or First Instance having jurisdiction of the estate by
judgment rendered by a court in the exercise of the petition of an interested person and upon
its probate jurisdiction, it may issue a warrant for hearing, which shall be held not less than one (1)
the apprehension and imprisonment of such month nor more than three (3) months from the
date of the last publication of a notice which shall
86
be published once a week for three (3) Production and Probate of Will
consecutive weeks in a newspaper of general
circulation in the province, and after such other Nature of probate proceeding
notice to interest persons as the court may direct, Section 1, Rule 75
the court may proceed summarily, without the No will shall pass either real or personal estate
appointment of an executor or administrator, and unless it is proved and allowed in the proper
without delay, to grant, if proper, allowance of the court. Subject to the right of appeal, such
will, if any there be, to determine who are the allowance of the will shall be conclusive as to its
persons legally entitled to participate in the due execution.
estate, and to apportion and divide it among them
after the payment of such debts of the estate as Who may petition for probate; persons
the court shall then find to be due; and such entitled to notice
persons, in their own right, if they are of lawful Section 1, Rule 76
age and legal capacity, or by their guardians or
trustees legally appointed and qualified, if Any executor, devisee, or legatee named in a will,
otherwise, shall thereupon be entitled to receive or any other person interested in the estate, may,
and enter into the possession of the portions of at any time after the death of the testator, petition
the estate so awarded to them respectively. The the court having jurisdiction to have the will
court shall make such order as may be just allowed, whether the same be in his possession
respecting the costs of the proceedings, and all or not, or is lost or destroyed.
orders and judgments made or rendered in the The testator himself may, during his lifetime,
course thereof shall be recorded in the office of petition the court for the allowance of his will.
the clerk, and the order of partition or award, if it
involves real estate, shall be recorded in the Allowance or Disallowance of Will
proper register's office. Contents of petition for allowance of will
Remedies of aggrieved parties after extra- Section 2, Rule 76
judicial settlement of estate A petition for the allowance of a will must show,
Section 4, Rule 74 so far as known to the petitioner:
If it shall appear at any time within two (2) years (a) The jurisdictional facts;
after the settlement and distribution of an estate (b) The names, ages, and residences of the
in accordance with the provisions of either of the heirs, legatees, and devisees of the
first two sections of this rule, that an heir or other testator or decedent;
person has been unduly deprived of his lawful (c) The probable value and character of the
participation in the estate, such heir or such other property of the estate;
person may compel the settlement of the estate (d) The name of the person for whom letters
in the courts in the manner hereinafter provided are prayed;
for the purpose of satisfying such lawful (e) If the will has not been delivered to the
participation. court, the name of the person having
custody of it.
And if within the same time of two (2) years, it
shall appear that there are debts outstanding But no defect in the petition shall render void the
against the estate which have not been paid, or allowance of the will, or the issuance of letters
that an heir or other person has been unduly testamentary or of administration with the will
deprived of his lawful participation payable in annexed.
money, the court having jurisdiction of the estate
may, by order for that purpose, after hearing,
Grounds for disallowing a will
settle the amount of such debts or lawful Section 9, Rule 76
participation and order how much and in what The will shall be disallowed in any of the following
manner each distributee shall contribute in the cases:
payment thereof, and may issue execution, if
circumstances require, against the bond provided (a) If not executed and attested as required
in the preceding section or against the real estate by law;
belonging to the deceased, or both. (b) If the testator was insane, or otherwise
mentally incapable to make a will, at the
Such bond and such real estate shall remain time of its execution;
charged with a liability to creditors, heirs, or other (c) If it was executed under duress, or the
persons for the full period of two (2) years after influence of fear, or threats;
such distribution, notwithstanding any transfers (d) If it was procured by undue and
of real estate that may have been made. improper pressure and influence, on the
87
part of the beneficiary, or of some other When and to whom letters of administration
person for his benefit; granted
(e) If the signature of the testator was Section 6, Rule 78
procured by fraud or trick, and he did not
intend that the instrument should be his If no executor is named in the will, or the executor
will at the time of fixing his signature or executors are incompetent, refuse the trust, or
thereto. fail to give bond, or a person dies intestate,
administration shall be granted:
Reprobate; requisites before will proved
outside allowed in the Philippines; effects of (a) To the surviving husband or wife, as the
probate case may be, or next of kin, or both, in
the discretion of the court, or to such
Reprobate person as such surviving husband or
Section 1, Rule 77 wife, or next of kin, requests to have
Wills proved and allowed in a foreign country, appointed, if competent and willing to
according to the laws of such country, may be serve;
allowed, filed, and recorded by the proper Court (b) If such surviving husband or wife, as the
of First Instance in the Philippines. case may be, or next of kin, or the person
selected by them, be incompetent or
Requisites before will proved outside allowed in unwilling, or if the husband or widow, or
the Philippines next of kin, neglects for thirty (30) days
Section 2, Rule 77 after the death of the person to apply for
When a copy of such will and of the order or administration or to request that
decree of the allowance thereof, both duly administration be granted to some other
authenticated, are filed with a petition for person, it may be granted to one or more
allowance in the Philippines, by the executor or of the principal creditors, if may be
other person interested, in the court having granted to one or more of the principal
jurisdiction, such court shall fix a time and place creditors, if competent and willing to
for the hearing, and cause notice thereof to be serve;
given as in case of an original will presented for (c) If there is no such creditor competent
allowance. and willing to serve, it may be granted to
such other person as the court may
Effects of probate select.
Section 3, Rule 77
Order of preference
If it appears at the hearing that the will should be Section 6, Rule 78
allowed in the Philippines, the shall so allow it,
and a certificate of its allowance, signed by the (a) To the surviving husband or wife, as the case
judge, and attested by the seal of the court, to may be, or next of kin, or both, in the discretion of
which shall be attached a copy of the will, shall be the court, or to such person as such surviving
filed and recorded by the clerk, and the will shall husband or wife, or next of kin, requests to have
have the same effect as if originally proves and appointed, if competent and willing to serve;
allowed in such court. (b) If such surviving husband or wife, as the case
Section 4, Rule 77 may be, or next of kin, or the person selected by
them, be incompetent or unwilling, or if the
When a will is thus allowed, the court shall grant husband or widow, or next of kin, neglects for
letters testamentary, or letters of administration thirty (30) days after the death of the person to
with the will annexed, and such letters apply for administration or to request that
testamentary or of administration, shall extend to administration be granted to some other person,
all the estate of the testator in the Philippines. it may be granted to one or more of the principal
Such estate, after the payment of just debts and creditors, if may be granted to one or more of the
expenses of administration, shall be disposed of principal creditors, if competent and willing to
according to such will, so far as such will may serve;
operate upon it; and the residue, if any shall be
disposed of as is provided by law in cases of (c) If there is no such creditor competent and
estates in the Philippines belonging to persons willing to serve, it may be granted to such other
who are inhabitants of another state or country. person as the court may select.
Letters Testamentary and of Administration Opposition to issuance of letters

testamentary; simultaneous filing of petition
for administration
88
Any person interested in a will may state in No executor or administrator shall profit by the
writing the grounds why letters testamentary increase, or suffer loss by the decrease or
should not issue to the persons named therein as destruction, without his fault, of any part of the
executors, or any of them, and the court, after estate. He must account for the excess when he
hearing upon notice, shall pass upon the sells any part of the estate for more than the
sufficiency of such grounds. A petition may, at the appraisement, and if any is sold for the less than
time, be filed for letters of administration with the the appraisement, he is not responsible for the
will annexed. loss, if the sale has justly made. If he settles any
claim against the estate for less than its nominal
Powers and duties of executors and value, he is entitled to charge in his account only
administrators; restrictions on the powers the amount he actually paid on the settlement.
Powers and duties
Section 3, Rule 85
Section 1, Rule 84
No executor or administrator shall be
The executor or administrator of the estate of a accountable for debts due the deceased which
deceased partner shall at all times have access remain uncollected without his fault.
to, and may examine and take copies of, books
and papers relating to the partnership business, Appointment of special administrator
and make examine and make invoices of the Section 1, Rule 80
property belonging to such partnership; and the
surviving partner or partners, on request, shall When there is delay in granting letters
exhibit to him all such books, papers, and testamentary or of administration by any cause
property in their hands or control. On the written including an appeal from the allowance or
application of such executor or administrator, the disallowance of a will, the court may appoint a
court having jurisdiction of the estate may order special administrator to take possession and
any such surviving partner or partners to freely charge of the estate of the deceased until the
permit the exercise of the rights, and to exhibit questions causing the delay are decided and
the books, papers, and property, as in this section executors or administrators appointed.
provided, and may punish any partner failing to do Grounds for removal of administrator
so for contempt. Section 2, Rule 82
Section 2. Rule 84 If an executor or administrator neglects to render
An executor or administrator shall maintain in his account and settle the estate according to law,
tenantable repair the houses and other or to perform an order or judgment of the court,
structures and fences belonging to the estate, and or a duty expressly provided by these rules, or
deliver the same in such repair to the heirs or absconds, or becomes insane, or otherwise
devisees when directed so to do by the court. incapable or unsuitable to discharge the trust, the
court may remove him, or in its discretion, may
Section 3, Rule 84
permit him to resign. When an executor or
An executor or administrator shall have the right administrator dies, resign, or is removed the
to the possession and management of the real as remaining executor or administrator may
well as the personal estate of the deceased so administer the trust alone, unless the court
long as it is necessary for the payment of the grants letters to someone to act with him. If there
debts and the expenses of administration. is no remaining executor or administrator,
administration may be to any suitable person.
Restrictions on the powers
Section 1, Rule 85 The grounds enumerated for removal of an
administrator are not exclusive. The Court is
Except as otherwise expressly provided in the vested with ample discretion in removal of
following sections, every executor or administrator for as long as there is evidence of
administrator is chargeable in his account with any act or omission on the part of the
the whole of the estate of the deceased which has administrator not conformable to or in disregard
come into his possession, at the value of the of rules or orders of the court which it deems
appraisement contained in the inventory; with all sufficient or substantial to warrant removal of the
the interest, profit, and income of such estate; and administrator. (Festin 124, 2020 Ed.)
with the proceeds of so much of the estate as is
sold by him, at the price at which it was sold. Claims against the Estate
Time within which claims shall be filed;
exceptions
89
Genera Rule: In the notice provided in the If, after hearing all the money claims against the
preceding section, the court shall estate the time estate, and after ascertaining the amount of such
for the filing of claims against the estate, which claims, it appears that there are sufficient assets
shall not be more than twelve (12) not less than to pay the debts, the executor or administrator
six (6) months after the date of the first pay the same within the time limited for that
publication of the notice. purpose.
Exception: However, at any time before an order Actions by and against Executors and
of distribution is entered, on application of a Administrators
creditor who has failed to file his claim within the
previously limited, the court may, for cause Actions that may be brought against
shown and on such terms as are equitable, allow executors and administrators
such claim to be filed within a time not exceeding Section 1, Rule 87
one (1) month.
No action upon a claim for the recovery of money
Statute of non-claims or debt or interest thereon shall be commenced
Section 5, Rule 86 against the executor or administrator; but to
recover real or personal property, or an interest
All claims for money against the decent, arising therein, from the estate, or to enforce a lien
from contract, express or implied, whether the thereon, and actions to recover damages for an
same be due, not due, or contingent, all claims for injury to person or property, real or personal, may
funeral expenses and expense for the last be commenced against him.
sickness of the decedent, and judgment for money
against the decent, must be filed within the time Requisites before creditor may bring an
limited in the notice; otherwise they are barred action for recovery of property fraudulently
forever, except that they may be set forth as conveyed by the deceased
counterclaims in any action that the executor or Section 9, Rule 87
administrator may bring against the claimants.
When there is a deficiency of assets in the hands
Where an executor or administrator commences of an executor or administrator for the payment
an action, or prosecutes an action already of debts and expenses of administration, and the
commenced by the deceased in his lifetime, the deceased in his lifetime had conveyed real or
debtor may set forth by answer the claims he has personal property, or a right or interest therein,
against the decedent, instead of presenting them or an debt or credit, with intent to defraud his
independently to the court as herein provided, and creditors or to avoid any right, debt, or duty; or
mutual claims may be set off against each other had so conveyed such property, right, interest,
in such action; and if final judgment is rendered in debt or credit that by law the conveyance would
favor of the defendant, the amount so determined be void as against his creditors, and the subject
shall be considered the true balance against the of the attempted conveyance would be liable to
estate, as though the claim had been presented attachment by any of them in his lifetime, the
directly before the court in the administration executor or administrator may commence and
proceedings. Claims not yet due, or contingent, prosecute to final judgment an action for the
may be approved at their present value. recovery of such property, right, interest, debt, or
Claim of executor or administrator against credit for the benefit of the creditors; but he shall
the estate not be bound to commence the action unless on
application of the creditors of the deceased, not
Section 8, Rule 86
unless the creditors making the application pay
If the executor or administrator has a claim such part of the costs and expenses, or give
against the estate he represents, he shall give security therefor to the executor or administrator,
notice thereof, in writing, to the court, and the as the court deems equitable.
court shall appoint a special administrator, who
Section 10, Rule 87
shall, in the adjustment of such claim, have the
same power and be subject to the same liability When there is such a deficiency of assets, and the
as the general administrator or executor in the deceased in his lifetime had made or attempted
settlement of other claims. The court may order such a conveyance, as is stated in the last
the executor or administrator to pay to the special preceding section, and the executor or
administrator necessary funds to defend such administrator has not commenced the action
claim. therein provided for, any creditor of the estate
may, with the permission of the court, commence
Payment of debts and prosecute to final judgment, in the name of
90
the executor or administrator, a like action for the possession of the decedent’s assets
recovery of the subject of the conveyance or (Sec. 6, Rule 88)
attempted conveyance for the benefit of the 2. To enforce payment of expenses of
creditors. But the action shall not be commenced partition (Sec. 3, Rule 90)
until the creditor has filed in a court a bond 3. To satisfy the costs when a person is
executed to the executor or administrator, in an cited for examination in probate
amount approved by the judge, conditioned to proceedings (Sec. 13, Rule 142)
indemnify the executor or administrator against
the costs and expenses incurred by reason of
Trustees
such action. Such creditor shall have a lien upon Distinguish: trustee and
any judgment recovered by him in the action for executor/administrator
such costs and other expenses incurred therein
Trustee
as the court deems equitable. Where the
conveyance or attempted conveyance had been Sec. 1, Rule 98
made by the deceased in his lifetime in favor of A trustee necessary to carry into effect the
the executor or administrator, the action which a provisions of a will on written instrument shall be
credit may bring shall be in the name of all the appointed by the Court of First Instance in which
creditors, and permission of the court and filing of the will was allowed, if it be a will allowed in the
bond as above prescribed, are not necessary. Philippines, otherwise by the Court of First
Distribution and Partition Instance of the province in which the property, or
some portion thereof, affected by the trust is
Liquidation situated.
It is the determination of all assets of the estate Executor/Administrator
and payment of all debts and expenses. (Festin Executor – is a person named expressly by the
164, 2020 Ed.) deceases person in his will to administer, settle
Project of partition and liquidate the estate.
Reyes v. Barretto-Datu, G.R. No. L-17818 (1967) Administrator – is a person appointed by the
Vda De Kilayko v. Tengco, G.R. Nos. L-45425 and intestate court to administer the estate of a
L-45965 (1992) deceased person who: a) dies without leaving a
will; b) or did not name any executor even if there
A project of partition is merely a proposal for the
was a will; c) or if there be one named, he is
distribution of the hereditary estate which the
incompetent, refuses the trust or fails to give a
court may accept or reject.
bond, or that the will subsequently, is declared
Remedy of an heir entitled to residue but not null and void. (Festin 93, 2020 Ed.)
given his share Conditions of the bond
The better practice for the heir who has not Section 6, Rule 98
received his share is to:
The following conditions shall be deemed to be
a. Demand his share through a proper motion in part of the bond whether written therein or not;
the same probate or administrative proceedings,
(a) That the trustee will make and return to the
or
court, at such time as it may order, a true
b. Motion for reopening of the probate or inventory of all the real and personal estate
administrative proceedings if it had already been belonging to him as trustee, which at the time of
closed, and not through an independent action the making of such inventory shall have come to
[Guilas v. Judge of the CFI of Pampanga, G.R. No. his possession or knowledge;
L-26695 (1972)] (b) That he will manage and dispose of all such
estate, and faithfully discharge his trust in
Instances when probate court may issue writ
relation thereto, according to law and the will of
of execution the testator or the provisions of the instrument or
General rule: writ of execution is not allowed in order under which he is appointed;
probate proceedings [Vda de. Valera v. Ofilada, (c) That he will render upon oath at least once a
G.R. No. L-27526 (1974)] year until his trust is fulfilled, unless he is
Exceptions: excused therefrom in any year by the court, a true
account of the property in his hands and the
1. To satisfy the contributive shares of
management and disposition thereof, and will
devisees, legatees and heirs in
91
render such other accounts as the court may When a person dies intestate, seized of real
order; property in the Philippines, leaving no heir or
person by law entitled to the same, the Solicitor
(d) That at the expiration of his trust he will settle
General or his representative in behalf of the
his account in court and pay over and deliver all
Republic of the Philippines, may file a petition in
the estate remaining in his hands, or due from
the Court of First Instance of the province where
him on such settlement, to the person or persons
the deceased last resided or in which he had
entitled to thereto.
estate, if he resided out of the Philippines, setting
But when the trustee is appointed as a successor forth the facts, and praying that the estate of the
to a prior trustee, the court may dispense with the deceased be declared escheated.
making and return of an inventory, if one has
already been filed, and in such case the condition Requisites for Filing of Petition
of the bond shall be deemed to be altered Rule 91, SECTION 3.
accordingly. Order has been published as directed and that the
Requisites for the removal and resignation of person died intestate, seized of real or personal
a trustee property in the Philippines, leaving no heir or
person entitled to the same, and no sufficient
Section 8. Rule 98
cause being shown to the contrary
The proper Court of First Instance may, upon
Remedy of Respondent Against Petition;
petition of the parties beneficially interested and
after due notice to the trustee and hearing,
Period for Filing a Claim
remove a trustee if such removal appears Go Poco Grocery v. Pacific Biscuit Co., GR L-43697
essential in the interest of the petitioner. The and L-442200 (1938)
court may also, after due notice to all persons When a petition for escheat is clearly groundless
interested, remove a trustee who is insane or for the court to proceed to the inquisition provided
otherwise incapable of discharging his trust or by law, an interested party should not be
evidently unsuitable therefor. A trustee, whether disallowed from filing a motion to dismiss the
appointed by the court or under a written petition which is untenable from all standpoints.
instrument, may resign his trust if it appears to And when the motion to dismiss is entertained
the court proper to allow such resignation. upon this ground, the petition may be dismissed
Grounds for removal and resignation of a unconditionally and the petitioner is not entitled
trustee to be afforded an opportunity to amend his
petition
Section 8, Rule 98
Republic v. CA & Solano, GR 143483 (2002)
The proper Court of First Instance may, upon
petition of the parties beneficially interested and In this jurisdiction, a claimant to an escheated
after due notice to the trustee and hearing, property must file his claim “within five (5) years
remove a trustee if such removal appears from the date of such judgment, such person shall
essential in the interest of the petitioner. The have possession of and title to the same, or if
court may also, after due notice to all persons sold, the municipality or city shall be accountable
interested, remove a trustee who is insane or to him for the proceeds, after deducting the
otherwise incapable of discharging his trust or estate; but a claim not made shall be barred
evidently unsuitable therefor. A trustee, whether forever.” The 5-year period is not a device
appointed by the court or under a written capriciously conjured by the state to defraud any
instrument, may resign his trust if it appears to claimant; on the contrary, it is decidedly
the court proper to allow such resignation. prescribed to encourage would-be claimants to
be punctilious in asserting their claims, otherwise
Extent of authority of trustee they may lose them forever in a final judgment
The powers of a trustee appointed by a Philippine Guardianship
court cannot extend beyond the confines of the
territory of the Republic of the Philippines. This is Venue
based on the principle that his authority cannot Rule 92, Section 1.
extend beyond the jurisdiction of the Republic of
the Philippines, under whose courts he was Guardianship of a person or estate of a minor or
appointed. (Herrera, 250, 1996 Ed.) incompetent may be instituted in the Court of First
Instance of the province, or in the justice of the
Escheat peace court of the municipality, or in the
municipal court chartered city where the minor or
When to File
incompetent persons resides, and if he resides in
92
a foreign country, in the Court of First Instance of Rule 96, SECTION 4.
the province wherein his property or the party
A guardian must manage the estate of his ward
thereof is situated; provided, however, that where
frugally and without the waste, and apply the
the value of the property of such minor or
income and profits thereof, so far as may be
incompetent exceeds that jurisdiction of the
necessary, to the comfortable and suitable
justice of the peace or municipal court, the
maintenance of the ward and his family, if there
proceedings shall be instituted in the Court of
be any; and if such income and profits be
First Instance.
insufficient for that purpose, the guardian may
In the City of Manila the proceedings shall be sell or encumber the real estate, upon being
instituted in the Juvenile and Domestic Relations authorized by order so to do, and apply to such of
Court. the proceeds as may be necessary to such
maintenance.
Appointment of Guardians
Rule 93, SECTION 1. Rule 96, SECTION 5.
Any relative, friend, or other person on behalf of The court may authorized the guardian to join in
a resident minor or incompetent who has no an assent to a partition of real or personal estate
parent or lawful guardian, or the minor himself if held by the ward jointly or in common with others,
fourteen years of age or over, may petition the but such authority shall only be granted after
court having jurisdiction for the appointment of a hearing, upon such notice to relatives of the ward
general guardian for the person or estate, or both, as the court may direct, and a careful
of such minor or incompetent. An officer of the investigation as to the necessity and propriety of
Federal Administration of the United States in the the proposed action.
Philippines may also file a petition in favor of a Rule 96, SECTION 6.
ward thereof, and the Director of Health, in favor
of an insane person who should be hospitalized, Upon complaint of the guardian or ward, or of any
or in favor of an isolated leper. person having actual or prospective interest in
the estate of the ward as creditor, heir, or
General Powers and Duties of Guardians otherwise, that anyone is suspected of having
Rule 96, SECTION 1. embezzled, concealed, or conveyed away any
money, goods, or interest, or a written
A guardian appointed shall have the care and instrument, belonging to the ward or his estate,
custody of the person of his ward, and the the court may cite the suspected person to appear
management of his estate, or the management of for examination touching such money, goods,
the estate only, as the case may be. The guardian interest, or instrument, and make such orders as
of the estate of a non-resident shall have the will secure the estate against such
management of all the estate of the ward within embezzlement, concealment or conveyance.
the Philippines, and no court other than that in
which such guardian was appointed shall have Rule 96, SECTION 7.
jurisdiction over the guardianship. A guardian must render to the court an inventory
Rule 96, SECTION 2. of the estate of his ward within three (3) months
after his appointment, and annually after such
Every guardian must pay the ward's just debts out appointment an inventory and account, the
of his personal estate and the income of his real rendition of any of which may be compelled upon
estate, if sufficient; if not, then out of his real the application of an interested person. Such
estate upon obtaining an order for the sale or inventories and accounts shall be sworn to by the
encumbrance thereof. guardian. All the estate of the ward described in
Rule 96, SECTION 3. the first inventory shall be appraised. In the
appraisement the court may request the
A guardian must settle all accounts of his ward,
assistance of one or more of the inheritance tax
and demand, sue for, and receive all debts due
appraisers. And whenever any property of the
him, or may, with the approval of the court,
ward not included in an inventory already
compound for the same and give discharges to
rendered is discovered, or succeeded to, or
the debtor, on receiving a fair and just dividend of
acquired by the ward, like proceedings shall be
the estate and effects; and he shall appear for and
had for securing an inventory and appraisement
represent his ward in all actions and special
thereof within three (3) months after such
proceedings, unless another person be appointed
discovery, succession, or acquisition.
for that purpose.
93
Rule 96, SECTION 8. otherwise, that the guardianship is no longer
necessary.
Upon the expiration of a year from the time of his
appointment, and as often thereafter as may be Rule 97, SECTION 4.
required, a guardian must present his account to
When a justice of the peace or municipal court
the court for settlement and allowance. In the
takes cognizance of the proceedings in pursuance
settlement of the account, the guardian, other
of the provisions of these rules, the record of the
than a parent, shall be allowed the amount of his
proceedings shall be kept as in the Court of First
reasonable expenses incurred in the execution of
Instance.
his trust and also such compensation for his
services as the court deems just, not exceeding Rule 97, SECTION 5.
fifteen per centum of the net income of the ward. Final orders of judgments under this rule shall be
Termination of Guardianship served upon the civil registrar of the municipality
Rule 97, SECTION 1. or city where the minor or incompetent person
resides or where his property or part thereof is
A person who has been declared incompetent for situated.
any reason, or his guardian, relative, or friend,
may petition the court to have his present Adoption
competency judicially determined. The petition Distinguish Domestic Adoption from Inter-
shall be verified by oath, and shall state that such Country Adoption
person is then competent. Upon receiving the
petition, the court shall fix a time for hearing the Domestic Adoption Inter-Country
questions raised thereby, and cause reasonable Adoption
notice thereof to be given to the guardian of the
person so declared incompetent, and to the ward. Jurisdiction is vested It is the Family Court
On the trial, the guardian or relatives of the ward, with the Family Court having jurisdiction
and, in the discretion of the court, any other in the place where the over the place where
person, may contest the right to the relief adopter resides the child resides or
demanded, and witnesses may be called and may be found. It may
examined by the parties or by the court on its own be filed directly with
motion. If it be found that the person is no longer the Inter-Country
incompetent, his competency shall be adjudged Adoption Board
and the guardianship shall cease.
Application is made Application may be
Rule 97, SECTION 2. only by filing a through the agency
When a guardian becomes insane or otherwise petition with the located in the foreign
incapable of discharging his trust or unsuitable Family Court in the country
therefor, or has wasted or mismanaged the Philippines
estate, or failed for thirty (30) days after it is due
to render an account or make a return, the court As a rule, trial Trial custody shall be
may, upon reasonable notice to the guardian, custody shall be mandatory in the
remove him, and compel him to surrender the made in the country of the adopter
estate of the ward to the person found to be Philippines for six
lawfully entitled thereto. A guardian may resign months
when it appears proper to allow the same; and
upon his resignation or removal the court may Publication of the No requirement for
appoint another in his place. petition is necessary publication
Rule 97, SECTION 3. Petition is allowed to There is none
The marriage or voluntary emancipation of a be accompanied with
minor ward terminates the guardianship of the prayers for change of
person of the ward, and shall enable the minor to name, rectification of
administer his property as though he were of age, simulated birth or
but he cannot borrow the money or alienate or declaration that the
encumber real property without the consent of child is a foundling,
his father or mother, or guardian. He can sue and abandoned dependent
be sued in court only with the assistance of his or neglected child
father, mother or guardian. The guardian of any
person may be discharged by the court when it (Festin 230, 2020 Ed.)
appears, upon the application of the ward or
94
Domestic Adoption The court shall order the Civil Registrar to cancel
Effects of Adoption the amended certificate of birth of the adoptee
and restore his/her original birth certificate.
Parental Authority
Republic Act No. 8552, SECTION 16 Succession rights shall revert to its status prior
to adoption, but only as of the date of judgment of
Except in cases where the biological parent is the judicial rescission. Vested rights acquired prior to
spouse of the adopter, all legal ties between the judicial rescission shall be respected.
biological parent(s) and the adoptee shall be
severed and the same shall then be vested on the All the foregoing effects of rescission of adoption
adopter(s). shall be without prejudice to the penalties
imposable under the Penal Code if the criminal
Legitimacy acts are properly proven.
Republic Act No. 8552, SECTION 17.
Inter-Country Adoption
The adoptee shall be considered the legitimate
son/daughter of the adopter(s) for all intents and When Allowed
purposes and as such is entitled to all the rights Republic Act 8043, SECTION 2.
and obligations provided by law to legitimate Inter-country adoption may be considered as
sons/daughters born to them without allowing aliens not presently allowed by law to
discrimination of any kind. To this end, the adopt Filipino children if such children cannot be
adoptee is entitled to love, guidance, and support adopted by qualified Filipino citizens or aliens, the
in keeping with the means of the family. State shall take measures to ensure that inter-
Succession country adoptions are allowed when the same
Republic Act No. 8552, SECTION 18. shall prove beneficial to the child's best interests,
and shall serve and protect his/her fundamental
In legal and intestate succession, the adopter(s) rights.
and the adoptee shall have reciprocal rights of
succession without distinction from legitimate Functions of Regional Trial Court
filiation. However, if the adoptee and his/her Republic Act 8043, SECTION 10.
biological parent(s) had left a will, the law on
An application to adopt a Filipino child shall be
testamentary succession shall govern.
filed either with the Philippine Regional Trial
Instances When Adoption May Be Rescinded Court having jurisdiction over the child, or with
Republic Act No. 8552, SECTION 19. the Board, through an intermediate agency,
whether governmental or an authorized and
Upon petition of the adoptee, with the assistance accredited agency, in the country of the
of the Department if a minor or if over eighteen prospective adoptive parents, which application
(18) years of age but is incapacitated, as shall be in accordance with the requirements as
guardian/counsel, the adoption may be rescinded set forth in the implementing rules and
on any of the following grounds committed by the regulations to be promulgated by the Board.
adopter(s): (a) repeated physical and verbal
maltreatment by the adopter(s) despite having “Best Interest of the Child” Standard
undergone counseling; (b) attempt on the life of Republic Act No. 9344, SECTION 4(b).
the adoptee; (c) sexual assault or violence; or (d)
Totality of the circumstances and conditions
abandonment and failure to comply with parental
which are most congenial to the survival,
obligations.
protection and feelings of security of the child and
Adoption, being in the best interest of the child, most encouraging to the child’s physical,
shall not be subject to rescission by the psychological and emotional development. It also
adopter(s). However, the adopter(s) may means the least detrimental available alternative
disinherit the adoptee for causes provided in for safeguarding the growth and development of
Article 919 of the Civil Code. the child.
Effects of Rescission of Adoption Writ of Habeas Corpus
Contents of the Petition
If the petition is granted, the parental authority of Rule 102, SECTION 3.
the adoptee's biological parent(s), if known, or the
legal custody of the Department shall be restored Application for the writ shall be by petition signed
if the adoptee is still a minor or incapacitated. The and verified either by the party for whose relief it
reciprocal rights and obligations of the adopter(s) is intended, or by some person on his behalf, and
and the adoptee to each other shall be shall set forth:
extinguished.
95
(a) That the person in whose behalf the When Not Proper or Applicable
application is made is imprisoned or restrained Aquino v. Esperon, G.R. No. 174994 (2007)
on his liberty;
The Writ of habeas corpus is not the proper mode
(b) The officer or name of the person by whom he to question conditions of confinement.
is so imprisoned or restrained; or, if both are The writ of habeas corpus will only lie if what is
unknown or uncertain, such officer or person may challenged is the fact or duration of confinement.
be described by an assumed appellation, and the
person who is served with the writ shall be When Writ Disallowed or Discharged
deemed the person intended; Rule 102, SECTION 4.
(c) The place where he is so imprisoned or If it appears that the person alleged to be
restrained, if known; restrained of his liberty is in the custody of an
(d) A copy of the commitment or cause of officer under process issued by a court or judge
detention of such person, if it can be procured or by virtue of a judgment or order of a court of
without impairing the efficiency of the remedy; or, record, and that the court or judge had jurisdiction
if the imprisonment or restraint is without any to issue the process, render the judgment, or
legal authority, such fact shall appear. make the order, the writ shall not be allowed; or
if the jurisdiction appears after the writ is
Contents of the Return allowed, the person shall not be discharged by
Rule 102, SECTION 10. reason of any informality or defect in the process,
judgment, or order. Not shall anything in this rule
When the person to be produced is imprisoned or be held to authorize the discharge of a person
restrained by an officer, the person who makes charged with or convicted of an offense in the
the return shall state therein, and in other cases Philippines, or of a person suffering
the person in whose custody the prisoner is found imprisonment under lawful judgment.
shall state, in writing to the court or judge before
whom the writ is returnable, plainly and Distinguish Writ of Habeas Corpus, Writ of
unequivocally: Amparo and Writ of Habeas Data
(a) Whether he has or has not the party in his Writ of Writ of amparo Writ of habeas
custody or power, or under restraint; habeas data
(b) If he has the party in his custody or power, or corpus
under restraint, the authority and the true and
whole cause thereof, set forth at large, with a It is a writ It is a remedy It is a remedy
copy of the writ, order execution, or other directed to available to any available to any
process, if any, upon which the party is held; the person person whose person whose
detaining right to life, right to privacy
(c) If the party is in his custody or power or is another, liberty, and in life, liberty or
restrained by him, and is not produced, commanding security has security is
particularly the nature and gravity of the sickness him to been violated or violated or
or infirmity of such party by reason of which he produce the is threatened threatened by
cannot, without danger, be bought before the body of the with violation an unlawful act
court or judge; prisoner at a by an unlawful or omission of a
(d) If he has had the party in his custody or power, designated act or omission public official or
or under restraint, and has transferred such time and of a public employee, or of
custody or restraint to another, particularly to place, with official or a private
whom, at what time, for what cause, and by what the day and employee, or of individual or
authority such transfer was made. cause of his a private entity engaged
capture and individual or in the gathering,
Peremptory Writ and Preliminary Citation detention, to entity. The writ collecting or
Lee Yick Hon v. Insular Collector of Customs, G.R. do, submit covers storing of data
No. 16779 (1921) to, and extralegal or information
receive killings and regarding the
A citation to show cause why the writ of habeas
whatsoever enforced person, family,
corpus should not issue is to be distinguished
the court or disappearances home, and
from the peremptory writ of habeas corpus,
judge or threats correspondence
which contains an unconditional order for the
awarding thereof. of the aggrieved
respondent to produce the body of the detained
the writ party.
person in court at a time and place specified in the
shall
writ.
96
consider in law enforcement under Art. III, Sec. 2 of the
that behalf. Constitution. The Constitutional provision is a
protection of the people from the unreasonable
(Festin 296, 2020 Ed.) intrusion of the government, not a protection of
the government from the demand of the people as
Writ of Habeas Corpus in Relation to Minors such respondents. Instead, the amparo
A.M. No. 03-04-04-SC, SECTION 20. production order may be limited to the production
A verified petition for a writ of habeas corpus of documents or things under Sec. 1, Rule 27 of the
involving custody of minors shall be filed with the Rules of Civil Procedure
Family Court. The writ shall be enforceable within Who May File
its judicial region to which the Family Court
A.M. No. 07-9-12-SC, SECTION 2.
belongs.
The petition may be filed by the aggrieved party or
However, the petition may be filed with the
by any qualified person or entity in the following
regular court in the absence of the presiding
order:
judge of the Family Court, provided, however, that
the regular court shall refer the case to the (a) Any member of the immediate family, namely:
Family Court as soon as its presiding judge the spouse, children and parents of the aggrieved
returns to duty. party;
The petition may also be filed with the appropriate (b) Any ascendant, descendant or collateral
regular courts in places where there are no relative of the aggrieved party within the fourth
Family Courts. civil degree of consanguinity or affinity, in default
of those mentioned in the preceding paragraph; or
The writ issued by the Family Court or the regular
court shall be enforceable in the judicial region (c) Any concerned citizen, organization,
where they belong. association or institution, if there is no known
member of the immediate family or relative of the
The petition may likewise be filed with the
aggrieved party.
Supreme Court, Court of Appeals, or with any of
its members and, if so granted, the writ shall be The filing of a petition by the aggrieved party
enforceable anywhere in the Philippines. The writ suspends the right of all other authorized parties
may be made returnable to a Family Court or to to file similar petitions. Likewise, the filing of the
any regular court within the region where the petition by an authorized party on behalf of the
petitioner resides or where the minor may be aggrieved party suspends the right of all others,
found for hearing and decision on the merits. observing the order established herein.
Upon return of the writ, the court shall decide the Contents of Return
issue on custody of minors. The appellate court, A.M. No. 07-9-12-SC, SECTION 9.
or the member thereof, issuing the writ shall be
furnished a copy of the decision. Within seventy-two (72) hours after service of the
writ, the respondent shall file a verified written
Writ of Amparo return together with supporting affidavits which
Coverage shall, among other things, contain the following:
A.M. No. 07-9-12-SC, SECTION 1. (a) The lawful defenses to show that the
respondent did not violate or threaten with
The petition for a writ of amparo is a remedy violation the right to life, liberty and security of the
available to any person whose right to life, liberty aggrieved party, through any act or omission;
and security is violated or threatened with
violation by an unlawful act or omission of a (b) The steps or actions taken by the respondent
public official or employee, or of a private to determine the fate or whereabouts of the
individual or entity. aggrieved party and the person or persons
responsible for the threat, act or omission;
The writ shall cover extralegal killings and
enforced disappearances or threats thereof. (c) All relevant information in the possession of
the respondent pertaining to the threat, act or
Differences Between Amparo and Search omission against the aggrieved party; and
Warrant
(d) If the respondent is a public official or
Secretary of National Defense v. Manalo; G.R. No.
employee, the return shall further state the
180906 (2008)
actions that have been or will still be taken:
The production order under the Amparo Rule
i. to verify the identity of the aggrieved
should not be confused with a search warrant or
party;
97
ii. to recover and preserve evidence A.M. No. 07-9-12-SC, SECTION 22.
related to the death or disappearance of
When a criminal action has been commenced, no
the person identified in the petition
separate petition for the writ shall be filed. The
which may aid in the prosecution of the
reliefs under the writ shall be available by motion
person or persons responsible;
in the criminal case.
iii. to identify witnesses and obtain
statements from them concerning the The procedure under this Rule shall govern the
death or disappearance; disposition of the reliefs available under the writ
iv. to determine the cause, manner, location of amparo.
and time of death or disappearance as
Consolidation
well as any pattern or practice that may
have brought about the death or A.M. No. 07-9-12-SC, SECTION 23.
disappearance; When a criminal action is filed subsequent to the
v. to identify and apprehend the person or filing of a petition for the writ, the latter shall be
persons involved in the death or consolidated with the criminal action.
disappearance; and
vi. to bring the suspected offenders before When a criminal action and a separate civil action
a competent court. are filed subsequent to a petition for a writ of
amparo, the latter shall be consolidated with the
The return shall also state other matters relevant criminal action.
to the investigation, its resolution and the
prosecution of the case. After consolidation, the procedure under this Rule
shall continue to apply to the disposition of the
A general denial of the allegations in the petition reliefs in the petition.
shall not be allowed.
Interim Reliefs Available to Petitioner and
Effect of Failure to File Return Respondent
A.M. No. 07-9-12-SC, SECTION 12. A.M. No. 07-9-12-SC, SECTION 14.
In case the respondent fails to file a return, the Upon filing of the petition or at anytime before
court, justice or judge shall proceed to hear the final judgment, the court, justice or judge may
petition ex parte. grant any of the following reliefs:
Omnibus Waiver Rule (a) Temporary Protection Order. – The court,
Rule 15, SECTION 8. justice or judge, upon motion or motu proprio,
may order that the petitioner or the aggrieved
Subject to the provisions of section 1 of Rule 9, a
party and any member of the immediate family be
motion attacking a pleading, order, judgment, or
protected in a government agency or by an
proceeding shall include all objections then
accredited person or private institution capable of
available, and all objections not so included shall
keeping and securing their safety. If the petitioner
be deemed waived.
is an organization, association or institution
Procedure for Hearing referred to in Section 3(c) of this Rule, the
A.M. No. 07-9-12-SC, SECTION 13. protection may be extended to the officers
involved.
The hearing on the petition shall be summary.
However, the court, justice or judge may call for The Supreme Court shall accredit the persons
a preliminary conference to simplify the issues and private institutions that shall extend
and determine the possibility of obtaining temporary protection to the petitioner or the
stipulations and admissions from the parties. aggrieved party and any member of the
immediate family, in accordance with guidelines
The hearing shall be from day to day until which it shall issue.
completed and given the same priority as
petitions for habeas corpus. The accredited persons and private institutions
shall comply with the rules and conditions that
Institution of Separate Action may be imposed by the court, justice or judge.
(b) Inspection Order. — The court, justice or judge,
This Rule shall not preclude the filing of separate upon verified motion and after due hearing, may
criminal, civil or administrative actions. order any person in possession or control of a
designated land or other property, to permit entry
Effect of Filing of A Criminal Action for the purpose of inspecting, measuring,
surveying, or photographing the property or any
relevant object or operation thereon.
98
The motion shall state in detail the place or places The writ can only be issued upon reasonable
to be inspected. It shall be supported by affidavits certainty. Substantial evidence is sufficient to
or testimonies of witnesses having personal grant the writ because the respondent is the State
knowledge of the enforced disappearance or which has more resources than the petitioner.
whereabouts of the aggrieved party. [Ladaga v. Magapu, G.R. No. 189689 (2012)]
If the motion is opposed on the ground of national Writ of Habeas Data
security or of the privileged nature of the
information, the court, justice or judge may Scope of Writ
conduct a hearing in chambers to determine the Manila Electric Co. v. Lim, G.R. No. 184769 (2010)
merit of the opposition. The writ of habeas data is an independent and
The movant must show that the inspection order summary remedy designed to protect the image,
is necessary to establish the right of the privacy, honor, information, and freedom of
aggrieved party alleged to be threatened or information of an individual, and to provide a
violated. forum to enforce one’s right to the truth and to
informational privacy.
The inspection order shall specify the person or
persons authorized to make the inspection and Availability of Writ
the date, time, place and manner of making the A. M. No. 08-1-16-SC, SECTION 1.
inspection and may prescribe other conditions to
protect the constitutional rights of all parties. The The writ of habeas data is a remedy available to
order shall expire five (5) days after the date of any person whose right to privacy in life, liberty
its issuance, unless extended for justifiable or security is violated or threatened by an
reasons. unlawful act or omission of a public official or
employee, or of a private individual or entity
(c) Production Order. – The court, justice or judge, engaged in the gathering, collecting or storing of
upon verified motion and after due hearing, may data or information regarding the person, family,
order any person in possession, custody or home and correspondence of the aggrieved party.
control of any designated documents, papers,
books, accounts, letters, photographs, objects or Who May File
tangible things, or objects in digitized or A. M. No. 08-1-16-SC, SECTION 2.
electronic form, which constitute or contain Any aggrieved party may file a petition for the writ
evidence relevant to the petition or the return, to of habeas data. However, in cases of extralegal
produce and permit their inspection, copying or killings and enforced disappearances, the petition
photographing by or on behalf of the movant. may be filed by:
The motion may be opposed on the ground of (a) Any member of the immediate family of the
national security or of the privileged nature of the aggrieved party, namely: the spouse, children and
information, in which case the court, justice or parents; or
judge may conduct a hearing in chambers to
determine the merit of the opposition. (b) Any ascendant, descendant or collateral
relative of the aggrieved party within the fourth
The court, justice or judge shall prescribe other civil degree of consanguinity or affinity, in default
conditions to protect the constitutional rights of of those mentioned in the preceding paragraph.
all the parties.
Contents of Petition
(d) Witness Protection Order. – The court, justice
or judge, upon motion or motu proprio, may refer A. M. No. 08-1-16-SC, SECTION 6.
the witnesses to the Department of Justice for A verified written petition for a writ of habeas
admission to the Witness Protection, Security and data should contain:
Benefit Program, pursuant to Republic Act No.
6981. (a) The personal circumstances of the petitioner
and the respondent;
The court, justice or judge may also refer the
witnesses to other government agencies, or to (b) The manner the right to privacy is violated or
accredited persons or private institutions capable threatened and how it affects the right to life,
of keeping and securing their safety. liberty or security of the aggrieved party;
(c) The actions and recourses taken by the
Quantum of proof in application for issuance
petitioner to secure the data or information;
of writ of amparo
(d) The location of the files, registers or
The parties shall establish their claims by databases, the government office, and the person
substantial evidence.
99
in charge, in possession or in control of the data A. M. No. 08-1-16-SC, SECTION 21.
or information, if known;
When a criminal action is filed subsequent to the
(e) The reliefs prayed for, which may include the filing of a petition for the writ, the latter shall be
updating, rectification, suppression or destruction consolidated with the criminal action.
of the database or information or files kept by the
When a criminal action and a separate civil action
respondent.
are filed subsequent to a petition for a writ
In case of threats, the relief may include a of habeas data, the petition shall be consolidated
prayer for an order enjoining the act complained with the criminal action.
of; and
After consolidation, the procedure under this Rule
(f) Such other relevant reliefs as are just and shall continue to govern the disposition of the
equitable. reliefs in the petition.
Contents of the Return Effect of Filing Criminal Action
A. M. No. 08-1-16-SC, SECTION 10. A. M. No. 08-1-16-SC, SECTION 22.
The respondent shall file a verified written return When a criminal action has been commenced, no
together with supporting affidavits within five (5) separate petition for the writ shall be filed. The
working days from service of the writ, which relief under the writ shall be available to an
period may be reasonably extended by the Court aggrieved party by motion in the criminal case.
for justifiable reasons. The return shall, among
The procedure under this Rule shall govern the
other things, contain the following:
disposition of the reliefs available under the writ
(a) The lawful defenses such as national security, of habeas data.
state secrets, privileged communications,
confidentiality of the source of information of
Institution of Separate Action
media and others; A. M. No. 08-1-16-SC, SECTION 20.
(b) In case of respondent in charge, in possession The filing of a petition for the writ of habeas
or in control of the data or information subject of data shall not preclude the filing of separate
the petition; criminal, civil or administrative actions.
(i) a disclosure of the data or information Quantum of Proof in Application of Issuance

about the petitioner, the nature of such of Writ of Habeas Data
data or information, and the purpose for De Lima v. Duterte, G.R. No. 227635 (Resolution)
its collection; (2019)
(ii) the steps or actions taken by the
respondent to ensure the security and The petitioner must show an actionable
confidentiality of the data or information; entitlement to informational privacy by
and, establishing a nexus between the right of privacy
(iii) the currency and accuracy of the data or on the one hand, and the right to life, liberty, or
information held; and, security on the other. The privilege of the writ may
be extended only upon proof, by substantial
(c) Other allegations relevant to the resolution of evidence, of the "manner" or "means" in which the
the proceeding. right to privacy is violated or threatened.
A general denial of the allegations in the petition Change of Name
shall not be allowed.
Differences Under Rule 103, Republic Act
Instances When Petition Be Heard in No. 9048 and Rule 108.
Chambers
A. M. No. 08-1-16-SC, SECTION 10. Rule 103 RA No. 9048 Rule 108
A hearing in chambers may be conducted where Scope

the respondent invokes the defense that the
release of the data or information in question Change of Change of first Correction of
shall compromise national security or state full name or name or substantial
secrets, or when the data or information cannot surname nickname, day errors or
be divulged to the public due to its nature or (substantial or month (not cancellation
privileged character. corrections year) of of entries in
) birthdate, Civil Registry
Consolidation
gender, and
correction of
100
clerical errors Filipino
of entries in citizens
Civil Registry presently
residing or
Who may file domiciled in
foreign
A person Any person Any person countries:
desiring to having direct interested in Philippine
change and personal any act, event, Consulate
one’s name interest in order or
correction of a decree
clerical or concerning Grounds for Change of Name
typographical civil status of
Eric Sibayan Chua v. Republic of the Philippines,
error in an persons
G.R. No. 231998 (2017)
entry and/or which has
change of first been (a) when the name is ridiculous, dishonorable or
name or recorded in extremely difficult to write or pronounce;
nickname civil register
(b) when the change results as a legal
consequence such as legitimation;
Nature of Proceedings
(c) when the change will avoid confusion;
Judicial: Administrative Judicial:
(d) when one has continuously used and been
Hearing : No hearing Hearing
known since childhood by a Filipino name, and
necessary required necessary;
was unaware of alien parentage;
Adversarial
since it (e) a sincere desire to adopt a Filipino name to
involves erase signs of former alienage, all in good faith
substantial and without prejudicing anybody; and
changes and (f) when the surname causes embarrassment and
affects the there is no showing that the desired change of
status of name was for a fraudulent purpose or that the
individuals change of name would prejudice public interest.
Where to file Absentees
Purpose of the Rule
RTC of Local civil RTC of city or
province registry office province Rule 107, SECTION 1.
where of city or where When a person disappears from his domicile, his
petitioner municipality correspondin whereabouts being unknown, and without having
has been where record g civil registry left an agent to administer his property, or the
residing for being sought is located power conferred upon the agent has expired, any
3 years to be interested party, relative or friend may petition
prior to corrected or the Court of First Instance of the place where the
filing changed is absentee resided before his dis-appearance, for
kept the appointment of a person to represent him
If already provisionally in all that may be necessary. In the
migrated to City of Manila, the petition shall be filed in the
another place Juvenile and Domestic Relations Court.
within the Who May File; When to File
Philippines:
Rule 107, SECTION 2.
Local civil
registrar of After the lapse of two (2) years from his
place where disappearance and without any news about the
interested absentee or since the receipt of the last news, or
party is of five (5) years in case the absentee has left a
presently person in charge of the administration of his
residing or property, the declaration of his absence and
domiciled appointment of a trustee or administrative may be
applied for by any of the following:
101
(a) The spouse present; (d) Settles the account of an executor,
administrator, trustee or guardian;
(b) The heirs instituted in a will, who may present
an authentic copy of the same. (e) Constitutes, in proceedings relating to the
settlement of the estate of a deceased person, or
(c) The relatives who would succeed by the law of
the administration of a trustee or guardian, a final
intestacy; and
determination in the lower court of the rights of
(d) Those who have over the property of the the party appealing, except that no appeal shall be
absentee some right subordinated to the allowed from the appointment of a special
condition of his death. administrator; and
Cancellation or Correction of Entries in the (f) Is the final order or judgment rendered in the
Civil Registry case, and affects the substantial rights of the
person appealing unless it be an order granting
Entries Subject to Cancellation or Correction or denying a motion for a new trial or for
under Rule 108 in Relation to Republic Act reconsideration.
No. 9048
When to Appeal
Chipongian v. Benitez-Lirio, G.R. No. 162692 (2015)
Upon good and valid grounds, the following
entries in the civil register may be cancelled or The proper mode of appealing a judgment or final
corrected: (a) births: (b) marriage; (c) deaths; (d) order in special proceedings is by notice
legal separations; (e) judgments of annulments of of appeal and record on appeal.
marriage; (f) judgments declaring marriages void Rule 41, SECTION 3.
from the beginning; (g) legitimations; (h)
Where a record on appeal is required, the
adoptions; (i) acknowledgments of natural
appellant shall file a notice of appeal and
children; (j) naturalization; (k) election, loss or
a record on appeal within thirty (30) days from
recovery of citizenship; (l) civil interdiction; (m)
notice of judgment or final order. However, an
judicial determination of filiation; (n) voluntary
appeal in habeas corpus cases shall be taken
emancipation of a minor; and (o) changes of
within forty-eight (48) hours from notice of the
name.
judgment or final order appealed from.
The period of appeal shall be interrupted by a
No entry in a civil register shall be changed or timely motion for new trial or reconsideration. No
corrected without a judicial order, except for motion for extension of time to file a motion for
clerical or typographical errors and change of new trial or reconsideration shall be allowed.
first name or nickname which can be corrected or
changed by the concerned city or municipal civil Modes of Appeal
registrar or consul general in accordance with Rule 41, SECTION 2.
the provisions of this Act and its implementing (a) Ordinary appeal.- The appeal to the Court of
rules and regulations. Appeals in cases decided by the Regional Trial
Appeals in Special Proceeding Court in the exercise of its original jurisdiction
shall be taken by filing a notice of appeal with the
Judgments and Orders for Which Appeal court which rendered the judgment or final order
May Be Taken appealed from and serving a copy thereof upon
Rule 109, SECTION 1. the adverse party. No record on appeal shall be
required except in special proceedings and other
An interested person may appeal in special
cases of multiple or separate appeals where the
proceedings from an order or judgment rendered
law or these Rules so require. In such cases, the
by a Court of First Instance or a Juvenile and
record on appeal shall be filed and served in like
Domestic Relations Court, where such order or
manner.
judgment:
(b) Petition for review.- The appeal to the Court of
(a) Allows or disallows a will;
Appeals in cases decided by the Regional Trial
(b) Determines who are the lawful heirs of a Court in the exercise of its appellate jurisdiction
deceased person, or the distributive share of the shall be by petition for review in accordance with
estate to which such person is entitled; Rule 42.
(c) Allows or disallows, in whole or in part, any (c) Appeal by certiorari.-In all cases where only
claim against the estate of a deceased person, or questions of law are raised or involved, the
any claim presented on behalf of the estate in appeal shall be to the Supreme Court by petition
offset to a claim against it;
102
for review on certiorari in accordance with Rule terms as it may deem proper and just, permit that
45. such part of the estate may not be affected by the
controversy or appeal be distributed among the
Rule on Advance Distribution heirs or legatees, upon compliance with the
Rule 109, SECTION 2. conditions set forth in Rule 90 of this rules.
Notwithstanding a pending controversy or appeal
in proceedings to settle the estate of a decedent,
the court may, in its discretion and upon such
CRIMINAL PROCEDURE
GENERAL MATTERS amount thereof: Provided, however, That in

offenses involving damage to property through
Distinguish jurisdiction over subject matter criminal negligence, they shall have exclusive
from jurisdiction over person of the accused original jurisdiction thereof.
Jurisdiction over the subject matter refers to the Sec. 35, B.P. 129
authority of the court to hear and determine a
particular criminal case. In the absence of all the Regional Trial Judges in
a province or city, any Metropolitan Trial Judge,
Antiporda v. Garchitorena, G.R. No. 133289 (1999) Municipal Trial Judge, Municipal Circuit Trial
Jurisdiction over the person of the accused refers Judge may hear and decide petitions for a writ
to the authority of the court, not over the subject of habeas corpus or applications for bail in
matter of the criminal litigation, but over the criminal cases in the province or city where the
person charged. This kind of jurisdiction requires absent Regional Trial Judges sit.
that "the person charged with the offense must Regional Trial Court
have been brought in to its forum for trial, forcibly Sec. 20, B.P. 129
by warrant of arrest or upon his voluntary
submission to the court. Regional Trial Courts shall exercise exclusive
original jurisdiction in all criminal cases not
Requisites for exercise of criminal jurisdiction within the exclusive jurisdiction of any court,
Cruz v. Court of Appeals, G.R. No. 123340 (2002) tribunal or body, except those now falling under
1. Jurisdiction over the subject matter; the exclusive and concurrent jurisdiction of the
Sandiganbayan which shall hereafter be
2. Jurisdiction over the territory; and exclusively taken cognizance of by the latter.
3. Jurisdiction over the person of the accused. Sec. 37, B.P. 129
Jurisdiction of Criminal Courts Judges of Metropolitan Trial Courts, except those
Metropolitan Trial Courts, Municipal Trial Courts, in the National Capital Region, of Municipal Trial
and Municipal Circuit Trial Courts Courts, and Municipal Circuit Trial Courts shall
Sec. 32, B.P. 129, as amended by R.A. No. 7691 have authority to conduct preliminary
investigation of crimes alleged to have been
Except in cases falling within the exclusive committed within their respective territorial
original jurisdiction of Regional Trial Courts and jurisdictions which are cognizable by the Regional
of the Sandiganbayan, the Metropolitan Trial Trial Courts.
Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts shall exercise: The preliminary investigation shall be conducted
in accordance with the procedure prescribed in
(1) Exclusive original jurisdiction over all Section 1, paragraphs (a), (b), (c), and (d), of
violations of city or municipal ordinances Presidential Decree No. 911: Provided,
committed within their respective territorial however, That if after the preliminary
jurisdiction; and investigation the Judge finds a prima facie case,
(2) Exclusive original jurisdiction over all he shall forward the records of the case to the
offenses punishable with imprisonment not Provincial/City Fiscal for the filing of the
exceeding six (6) years irrespective of the amount corresponding information with the proper court.
of fine, and regardless of other imposable No warrant of arrest shall be issued by the Judge
accessory or other penalties, including the civil in connection with any criminal complaint filed
liability arising from such offenses or predicated with him for preliminary investigation, unless
thereon, irrespective of kind, nature, value or after an examination in writing and under oath or
103
affirmation of the complainant and his witnesses, (c) Officials of the diplomatic service
he finds that a probable cause exists. occupying the position of consul and
higher;
Any warrant of arrest issued in accordance
herewith may be served anywhere in the (d) Philippine army and air force colonels,
Philippines. naval captains, and all officers of higher
rank;
Sec. 23, B.P. 129
(e) Officers of the Philippine National
The Supreme Court may designate certain
Police while occupying the position of
branches of the Regional Trial Courts to handle
provincial director and those holding the
exclusively criminal cases, juvenile and domestic
rank of senior superintendent and higher;
relations cases, agrarian cases, urban land
reform cases which do not fall under the (f) City and provincial prosecutors and
jurisdiction of quasi-judicial bodies and agencies, their assistants, and officials and
and/or such other special cases as the Supreme prosecutors in the Office of the
Court may determine in the interest of a speedy Ombudsman and special prosecutor;
and efficient administration of justice.
(g) Presidents, directors or trustees, or
RA. 9160, Sec. 5 managers of government-owned or
controlled corporations, state universities
The Regional Trial Courts shall have jurisdiction
or educational institutions or foundations.
to try all cases on money laundering. Those
committed by public officers and private persons (2) Members of Congress and officials thereof
who are in conspiracy with such public officers classified as Grade ’27’ and higher under the
shall be under the jurisdiction of the Compensation and Position Classification Act
Sandiganbayan. of 1989;
Sandiganbayan (3) Members of the judiciary without prejudice
Sec. 2, R.A. No. 10660 to the provisions of the Constitution;
The Sandiganbayan shall exercise exclusive (4) Chairmen and members of the
original jurisdiction in all cases involving: Constitutional Commissions, without
prejudice to the provisions of the Constitution;
a. Violations of Republic Act No. 3019, as amended, and
otherwise known as the Anti-Graft and Corrupt
Practices Act, Republic Act No. 1379, and Chapter (5) All other national and local officials
II, Section 2, Title VII, Book II of the Revised Penal classified as Grade ’27’ and higher under the
Code, where one or more of the accused are Compensation and Position Classification Act
officials occupying the following positions in the of 1989.
government, whether in a permanent, acting or b. Other offenses or felonies whether simple or
interim capacity, at the time of the commission of complexed with other crimes committed by the
the offense: public officials and employees mentioned in
(1) Officials of the executive branch occupying subsection a. of this section in relation to their
the positions of regional director and higher, office.
otherwise classified as Grade ’27’ and higher, c. Civil and criminal cases filed pursuant to and in
of the Compensation and Position connection with Executive Order Nos. 1, 2, 14 and
Classification Act of 1989 (Republic Act No. 14-A, issued in 1986.
6758), specifically including:
Provided, That the Regional Trial Court shall have
(a) Provincial governors, vice-governors, exclusive original jurisdiction where the
members of the sangguniang information: (a) does not allege any damage to the
panlalawigan, and provincial treasurers, government or any bribery; or (b) alleges damage
assessors, engineers, and other provincial to the government or bribery arising from the
department heads: same or closely related transactions or acts in an
(b) City mayors, vice-mayors, members of amount not exceeding One million pesos
the sangguniang panlungsod, city (P1,000,000.00).
treasurers, assessors, engineers, and Subject to the rules promulgated by the Supreme
other city department heads; Court, the cases falling under the jurisdiction of
the Regional Trial Court under this section shall
104
be tried in a judicial region other than where the 11. To prevent the threatened unlawful arrest of
official holds office. petitioners (Ocampo IV v. Ombudsman, 225
SCRA 725)
In cases where none of the accused are
occupying positions corresponding to Salary Prosecution of Offenses (Rule 110)
Grade ’27’ or higher, as prescribed in the said
Republic Act No. 6758, or military and PNP Criminal actions, how instituted
officers mentioned above, exclusive original Section 1, Rule 110, Rules of Court
jurisdiction thereof shall be vested in the proper Criminal actions shall be instituted as follows:
regional trial court, metropolitan trial court,
municipal trial court, and municipal circuit trial a. For offenses where a preliminary
court, as the case may be, pursuant to their investigation is required pursuant to section
respective jurisdictions as provided in Batas 1 of Rule 112, by filing the complaint with the
Pambansa Blg. 129, as amended. proper officer for the purpose of conducting
the requisite preliminary investigation.
When injunction may be issued to restrain b. For all other offenses, by filing the complaint
criminal prosecution or information directly with the Municipal
General Rule: Criminal prosecution may not be Trial Courts and Municipal Circuit Trial
restrained or stayed by injunction. Courts, or the complaint with the office of the
prosecutor. In Manila and other chartered
Exceptions: cities, the complaints shall be filed with the
1. To afford adequate protection to the office of the prosecutor unless otherwise
constitutional rights of the accused provided in their charters.
(Hernandez v. Albano, et al., 19 SCRA 95); The institution of the criminal action shall
2. Then necessary for the orderly interrupt the running of the period of prescription
administration of justice or to avoid of the offense charged unless otherwise provided
oppression or multiplicity of actions in special laws.
(Dimayuga, et al. v. Fernandes, 43 Phil. 304;
Hernandez v. Albano, supra; Fortun v. Who May File Them, Crimes that Cannot be
Labang, et al., 104 SCRA 607); Prosecuted De Officio
3. When there is a pre-judicial question which Who Must Prosecute Criminal Actions
is subjudice (De Leon v. Mabanag, 70 Phil. Section 5 (1), Rule 110.
202);
4. When the acts of the officer are without or in All criminal actions either commenced by
excess of authority (Planas v. Gil, 67 Phil. 62); complaint or by information shall be prosecuted
5. Where the prosecution is under an invalid under the direction and control of a public
law, ordinance or regulation (Young v. prosecutor. In case of heavy work schedule of the
Rafferty, 33 Phil. 556; Yu Cong Eng v. Trinidad, public prosecutor or in the event of lack of public
47 Phil. 385, 389); prosecutors, the private prosecutor may be
6. When double jeopardy is clearly apparent authorized in writing by the Chief of the
(Sangalang v. People and Alvendia, 109 Phil. Prosecution Office or the Regional State
1140); Prosecutor to prosecute the case subject to the
7. Where the court has no jurisdiction over the approval of the court. Once so authorized to
offense (Lopez v. City Judge, 18 SCRA 616); prosecute the criminal action, the private
8. Where it is a case of persecution rather than prosecutor shall continue to prosecute the case
prosecution (Rustia v. Ocampo, CA-G.R. No. up to end of the trial even in the absence of a
4760, March 25, 1960); public prosecutor, unless the authority is revoked
9. Where the charges are manifestly false and or otherwise withdrawn.
motivated by the lust for vengeance (Recto v. Section 5 (2) (3) (4) (5) (6), Rule 110.
Castelo, 18 L.J. (1953), cited in Ranoa v.
Alvendia, CA-G.R. No. 30720-R, October 8, The crimes of adultery and concubinage shall not
1962; Cf. Gulngona, et al. v. City Fiscal, 128 be prosecuted except upon a complaint filed by
SCRA 577); the offended spouse. The offended party cannot
10. When there is clearly no prima facie case institute criminal prosecution without including
against the accused and a motion to quash on the guilty parties, if both are alive, nor, in any
that ground has been denied (Salonga v. case, if the offended party has consented to the
Pano, et al., 134 SCRA 438); and offense or pardoned the offenders.
105
The offenses of seduction, abduction and acts of 10. When there is clearly no prima facie case
lasciviousness shall not be prosecuted upon a against the accused and a motion to quash on
complaint filed by the offended party of her that ground has been denied;
parents, grandparents or guardian, nor, in any 11. Preliminary injunction has been issued by the
case, if the offender has been expressly pardoned Supreme Court to prevent the threatened
by any of them. If the offended party dies or unlawful arrest of petitioners.
becomes incapacitated before she can file the
complaint, and she has no known parents,
Control of Prosecution
grandparents or guardian, the State shall initiate 1. Whenever a criminal case is prosecuted and
the criminal action in her behalf. the State is the offended party, the case must
always be prosecuted under control and
The offended party, even if a minor, has the right
guidance of the State through the
to initiate the prosecution of the offenses of
government prosecutors.
seduction, abduction and acts of lasciviousness
2. Whenever there is acquittal or dismissal of
independently of her parents, grandparents, or
the case and the private complainant intends
guardian, unless she is incompetent or incapable
to question such acquittal or dismissal, the
of doing so. Where the offended party, who is a
same must likewise be undertaken by the
minor, fails to file the complaint, her parents,
State through the Solicitor General.
grandparents, or guardian may file the same. The
3. Only the Solicitor General may represent the
right to file the action granted to parents,
People of the Philippines on appeal. The
grandparents, or guardian shall be exclusive of
private offended party or complainant may
all other persons and shall be exercised
question such acquittal or dismissal or
successively in the order herein provided, except
appeal therefrom only insofar as the civil
as stated in the preceding paragraph.
aspect is concerned, in the name of the
No criminal action for defamation which consists petitioner or appellant and not in the name of
in the imputation of any of the offenses mentioned the People of the Philippines.
above shall be brought except at the instance of 4. The prosecution determines the charges to
and upon complaint filed by the offended party. be filed and how the legal and factual
The prosecution for violation of special laws shall elements in the case shall be utilized as
be governed by the provision thereof. components of the information. It is basically
the prosecutor’s function to determine what
Criminal Actions, When Enjoined degree of complicity to the commission of a
Domondon v. Sandiganbayan, 328 SCRA 292 crime a person should be charged with,
(2000) whether as principal, accomplice or
accessory.
Well settled is the rule that criminal prosecutions
5. The rule that the Solicitor General is the
may not be restrained, either through a
lawyer of the People in appellate courts
preliminary or final injunction or a writ of
admits an exception, namely, that which is
prohibition, except in the following instances:
provided for in RA 8249, which states in part
1. To afford adequate protection to the that “in all cases elevated to the
constitutional rights of the accused; Sandiganbayan and from the Sandiganbayan
2. When necessary for the orderly to the Supreme Court, the Office of the
administration of justice or to avoid Ombudsman, through its special prosecutor,
oppression or multiplicity of actions; shall represent the People of the Philippines,
3. When there is a prejudicial question which is except in cases filed pursuant to EO 1, 2, 14
subjudice; and 14-A, issued in 1986.”
4. When the acts of the officer are without or in
Sufficiency of complaint or information
excess of authority;
5. Where the prosecution is under an invalid Section 6, Rule 110.
law, ordinance or regulation; A complaint or information is sufficient if it states
6. When double jeopardy is clearly apparent; the name of the accused; the designation of the
7. Where the Court has no jurisdiction over the offense given by the statute; the acts or omissions
offense; complained of as constituting the offense; the
8. Where it is a case of persecution rather than name of the offended party; the approximate date
prosecution; of the commission of the offense; and the place
9. Where the charges are manifestly false and where the offense was committed.
motivated by lust for vengeance;
106
When an offense is committed by more than one offense is a necessary means to commit the
person, all of them shall be included in the other.
complaint or information. 2. In case of special complex crime, as provided
under Arts. 266-B, 267, 294, 320 of the
Lazarte, Jr. v. Sandiganbayan, G.R. No.
Revised Penal Code.
180122 (2009)
Test for sufficiency of the complaint or Amendment or Substitution of Complaint or
information: Information
The test is whether the crime is described in Section 14, Rule 110.
intelligible terms with such particularity as to A complaint or information may be amended, in
apprise the accused, with reasonable certainty, of form or in substance, without leave of court and
the offense charged to enable the accused to when it can be done without causing prejudice to
suitably prepare for his defense since he is the rights of the accused.
presumed to have no independent knowledge of
the facts that constitute the offense. However, any amendment before plea, which
downgrades the nature of the offense charged in
An information is fatally defective when it is clear or excludes any accused from the complaint or
that it does not really charge an offense or when information, can be made only upon motion by the
an essential element of the crime has not been prosecutor, with notice to the offended party and
sufficiently alleged. (Riano, 2016) with leave of court. The court shall state its
Designation of Offense reasons in resolving the motion and copies of its
order shall be furnished all parties, especially the
Section 8, Rule 110.
offended party.
The complaint or information shall state the
If it appears at anytime before judgment that a
designation of the offense given by the statute,
mistake has been made in charging the proper
aver the acts or omissions constituting the
offense, the court shall dismiss the original
offense, and specify its qualifying and aggravating
complaint or information upon the filing of a new
circumstances. If there is no designation of the
one charging the proper offense in accordance
offense, reference shall be made to the section or
with section 19, Rule 119, provided the accused
subsection of the statute punishing it.
shall not be placed in double jeopardy. The court
Cause of the Accusation may require the witnesses to give bail for their
Section 9, Rule 110. appearance at the trial.
The acts or omissions complained of as Venue of Criminal Actions

constituting the offense and the qualifying and Section 15, Rule 110.
aggravating circumstances must be stated in
1. Subject to existing laws, the criminal action
ordinary and concise language and not
shall be instituted and tried in the court of the
necessarily in the language used in the statute
municipality or territory where the offense
but in terms sufficient to enable a person of
was committed or where any of its essential
common understanding to know what offense is
ingredients occurred.
being charged as well as its qualifying and
2. Where an offense is committed in a train,
aggravating circumstance and for the court to
aircraft, or other public or private vehicle in
pronounce judgment.
the course of its trip, the criminal action shall
Duplicity of the Offense; Exception be instituted and tried in the court of any
Section 13, Rule 110. municipality or territory where such train,
aircraft, or other vehicle passed during its
A complaint or information must charge only one trip, including the place of its departure and
offense, except when the law prescribes a single arrival.
punishment for various offenses. (Riano, 2016) 3. Where an offense is committed on board a
Exception to the rule against duplicity: vessel in the course of its voyage, the
criminal action shall be instituted and tried in
1. Complex and compound crimes treated the court of the first port of entry or of any
under Art. 48 of the Revised Penal Code. This municipality or territory where the vessel
provision imposes a single penalty when a passed during such voyage, subject to the
single act constitutes two or more grave or generally accepted principles of international
less grave felonies. A single penalty is also law.
provided under the same provision when an
107
4. Crimes committed outside the Philippines but The reservation of the right to institute separately
punishable under Article 2 of the Revised the civil action shall be made before the
Penal Code shall be cognizable by the court prosecution starts presenting its evidence and
where the criminal action is first filed. under circumstances affording the offended party
a reasonable opportunity to make such
NOTE:
reservation.
The crime of perjury, committed through the
When the offended party seeks to enforce civil
making of a false affidavit, under Art. 183 of the
liability against the accused by way of moral,
Revised Penal Code is committed at the time the
nominal, temperate, or exemplary damages
affiant subscribes and swears to his or her
without specifying the amount thereof in the
affidavit since it is at the time that all the elements
complaint or information, the filing fees therefore
of the crime or perjury are executed.
shall constitute a first lien on the judgment
Union Bank of the Philippine Islands v. People, 667 awarding such damages.
SCRA 113 (2012)
Where the amount of damages, other than actual,
When the crime is committee through false is specified in the complaint or information, the
testimony under oath in a proceeding which is corresponding filing fees shall be paid by the
neither criminal nor civil, venue is at the place offended party upon the filing thereof in court.
where the testimony under oath is given.
Except as otherwise provided in these Rules, no
Yalong v. People, 704 SCRA 195 (2013) filing fees shall be required for actual damages.
A criminal case for violation of B.P. 22, as a No counterclaim, cross-claim or third-party
continuing or transitory crime, may be filed in any complaint may be filed by the accused in the
of the places where any of its elements occurred criminal case, but any cause of action which could
– in particular, the place where the check is (a) have been the subject thereof may be litigated in
drawn, (b) issued, (c) delivered, or (d) dishonored a separate civil action.
People v. Grospe, G.R. Nos. L-74053-54 (1988) b. The criminal action for violation of Batas
Estafa by postdating or issuing a bad check, may Pambansa Blg. 22 shall be deemed to include
be a transitory or continuing offense. Its basic the corresponding civil action. No
elements of deceit and damage may arise reservation to file such civil action separately
independently in separate places. Where the shall be allowed.
deceit took place in San Fernado, Pampanga, Upon filing of the aforesaid joint criminal and civil
while the damage was inflicted in Bulacan where actions, the offended party shall pay in full the
the check was dishonored by the drawee bank, filing fees based on the amount of the check
jurisdiction may lie in either the Bulacan or involved, which shall be considered as the actual
Pampanga court. damages claimed. Where the complaint or
information also seeks to recover liquidated,
Intervention of Offended Party
moral, nominal, temperate or exemplary
Section 16, Rule 110, Rules of Court damages, the offended party shall pay additional
Where the civil action for recovery of civil liability filing fees based on the amounts alleged therein.
is instituted in the criminal action pursuant to If the amounts are not so alleged but any of these
Rule 111, the offended party may intervene by damages are subsequently awarded by the court,
counsel in the prosecution of the offense. the filing fees based on the amount awarded shall
constitute a first lien on the judgment.
Prosecution of Civil Action (Rule 111)
Where the civil action has been filed separately
Rule on Implied Institution of Civil Action with and trial thereof has not yet commenced, it may
Criminal Action be consolidated with the criminal action upon
Section 1, Rule 111. application with the court trying the latter case. If
the application is granted, the trial of both actions
a. When a criminal action is instituted, the civil shall proceed in accordance with section 2 of this
action for the recovery of civil liability arising
Rule governing consolidation of the civil and
from the offense charged shall be deemed
instituted with the criminal action unless the
criminal actions.
offended party waives the civil action, Cruz v. Mina, G.R. No. 154207 (2007)
reserves the right to institute it separately or
Under Art. 100 of the Revised Penal Code, every
institutes the civil action prior to the criminal
person criminally liable for a felony is also civilly
action.
liable except in the instances when no actual
108
damage results from an offense, such as the prosecution to cross-examine the witness
espionage, violation of neutrality, flight to an presented by the offended party in the criminal
enemy country, and crime against popular case and of the parties to present additional
representation. evidence. The consolidated criminal and civil
actions shall be tried and decided jointly.
When Civil Action May Proceed
Independently During the pendency of the criminal action, the
Section 3, Rule 111. running period of prescription of the civil action
which cannot be instituted separately or whose
In the cases provided in Articles 32, 33, 34 and proceeding has been suspended shall be tolled.
2176 of the Civil Code of the Philippines, the
independent civil action may be brought by the The extinction of the penal action does not carry
offended party. It shall proceed independently of with it extinction of the civil action. However, the
the criminal action and shall require only a civil action based on delict shall be deemed
preponderance of evidence. In no case, however, extinguished if there is a finding in a final
may the offended party recover damages twice judgment in the criminal action that the act or
for the same act or omission charged in the omission from which the civil liability may arise
criminal action. did not exist.
Civil Code provisions on the matter: NOTE: The above rule applies only to civil actions
arising from the offense charged – not to
a. Art. 32, Civil Code - any public officer or independent civil actions (Arts. 32, 33, 34, and 2176
employee, or any private individual, who of the Civil Code). These actions proceed
directly or indirectly obstructs, defeats, independently of the criminal action (See Sec. 3,
violates or in any manner impedes or impairs Rule 111, Rules of Court).
any of the following rights and liberties of
another person shall be liable to the latter for Effect of The Death of Accused or Convict on
damages. Civil Action
b. Art. 33, Civil Code – in cases of defamation, Section 4, Rule 111, Rules of Court
fraud, and physical injuries a civil action for
The death of the accused after arraignment and
damages.
during the pendency of the criminal action shall
c. Art. 34, Civil Code - when a member of a city
extinguish the civil liability arising from the delict.
or municipal police force refuses or fails to
However, the independent civil action instituted
render aid or protection to any person in case
under section 3 of this Rule or which thereafter is
of danger to life or property, such peace
instituted to enforce liability arising from other
officer shall be primarily liable for damages,
sources of obligation may be continued against
and the city or municipality shall be
the estate or legal representative of the accused
subsidiarily responsible therefor.
after proper substitution or against said estate, as
d. Art. 2176. Civil Code – quasi-delicts.
the case may be. The heirs of the accused may be
When Separate Civil Action Is Suspended substituted for the deceased without requiring the
Section 2, Rule 111. appointment of an executor or administrator and
the court may appoint a guardian ad litem for the
After the criminal action has been commenced, minor heirs.
the separate civil action arising therefrom cannot
be instituted until final judgment has been The court shall forthwith order said legal
entered in the criminal action. representative or representatives to appear and
be substituted within a period of thirty (30) days
If the criminal action is filed after the said civil from notice.
action has already been instituted, the latter shall
be suspended in whatever state it may be found A final judgment entered in favor of the offended
before judgment on the merits. The suspension party shall be enforced in the manner especially
shall last until final judgment is rendered in the provided in these rules for prosecuting claims
criminal action. Nevertheless, before judgment against the estate of the deceased.
on the merits rendered in the civil action, the If the accused dies before arraignment, the case
same may, upon motion of the offended party, be shall be dismissed without prejudice to any civil
consolidated with the criminal action in the court action the offended party may file against the
trying the criminal action. In case of consolidation, estate of the deceased.
the evidence already adduced in the civil action
shall be deemed automatically reproduced in the Prejudicial Question
criminal action without prejudice to the right of
109
Prejudicial question comes into play in a situation lien on the judgment, except on an award for
where the civil and criminal actions are pending actual damages.
and in the former an issue must be preemptively
resolved before the criminal action may proceed.
Preliminary Investigation (Rule 112)
It is based on a fact distinct and separate from Nature of right
crime but so intimately connected with it that it Preliminary investigation defined
determines the guilt and innocence of the Section 1, Rule 112, Rules of Court
accused.
Preliminary investigation is an inquiry or
It may be raised during the preliminary proceeding to determine whether there exists
investigation of the offense or in court before the sufficient ground to engender a well-founded
prosecution rests its case. belief that a crime has been committed and that
This does not apply where no civil, but only the respondent is probably guilty thereof and
administrative, case is involved. should be held for trial.
Te v. Court of Appeals, G.R. 126746 (2000) General Rule: Preliminary investigation is

required to be conducted before the filing of a
REASON: To avoid conflicting decisions. complaint or information for an offense where the
Suspension by reason of prejudicial question penalty prescribed by law is at least 4 years, 2
months and 1 day without regard to the fine.
Section 6, Rule 111, Rules of Court
Exception: There is no right of preliminary
A petition for suspension of the criminal action
investigation under Rule 112, Section 7 (now
based upon the pendency of a prejudicial question
Section 6 under A.M. No. 05-8-26-SC) when a
in a civil action may be filed in the office of the
person is lawfully arrested without a warrant,
prosecutor or the court conducting the
unless there is a waiver of the provisions of
preliminary investigation. When the criminal
Article 125 of the Revised Penal Code and in cases
action has been filed in court for trial, the petition
provided under Rule 112, Section 6.
to suspend shall be filed in the same criminal
action at any time before the prosecution rests. Preliminary Investigation: A Personal Statutory
Right
Elements of prejudicial question
Go v. CA, G.R. No. 101837 (1992)
The right to preliminary investigation is a
a. The previously instituted civil action involves
personal right covered by statute and may be
an issue similar or intimately related to the
waived expressly or by implication. It is not
issue raised in the subsequent criminal
merely procedural, but a substantive right
action, and
included in the due process of law.
b. The resolution of such issue determines
whether or not the criminal action may Duterte v. Sandiganbayan, G.R. No. 130191 (1998)
proceed. While the right is statutory rather than
Rule on Filing Fees in Civil Action Deemed constitutional, since it has been established by
Instituted with the Criminal Action statute, it becomes a component of due process
in criminal justice. The right to have a preliminary
General rule: No filing fees shall be required for investigation conducted before being bound over
ACTUAL damages. a criminal offense and hence, formally at risk of
General v. Claravall, et al., G.R. No. 96724 (1991) incarceration or some other penalty, is not mere
formal or technical right; it is a substantive right
Exception: Where the offended party shall pay in
full the filing fees based on the amount of the However, the absence of preliminary
check involved (SN) investigation does not affect the jurisdiction of the
court or invalidate the information if no objection
1. Where the amount of damages, other than was raised by the accused.
actual, is specified in the complaint or
information filed in court, then the Purpose of preliminary investigation
corresponding filing fees shall be paid by the Callo-Claridad v. Esteban, 694 SCRA 185 (2013)
offended party upon the filing thereof in court
a. To inquire concerning the commission of a
for trial; and
crime and the connection of the accused with
2. When the amount of damages is NOT so
it, in order that he may be informed of the
alleged, the corresponding filing fees need
nature and character of the crime charged
NOT be paid and shall simply constitute a first
110
against him, and, if there is probable cause Leviste v. Almeda, G.R. No. 182677 (2010)
for believing him guilty, that the State shall
A judicial determination of probable cause is one
take the necessary steps to bring him to trial;
made by the judge to ascertain whether a warrant
b. To preserve the evidence and keep the
of arrest should be issued against the accused.
witnesses within the control of the State; and
The judge must satisfy himself that based on the
c. To determine the amount of bail, if the
evidence submitted, there is necessity for placing
offense is bailable
the accused under custody in order not to
Who may conduct determination of frustrate the ends of justice. If the judge finds no
probable cause? probable cause, the judge cannot be forced to
Officers authorized to conduct preliminary issue the arrest warrant
investigation
EXECUTIVE JUDICIAL
Section 2, Rule 112, Rules of Court DETERMINATION DETERMINATION
The following may conduct preliminary
investigations: Rationale
a. Provincial or city fiscal and their assistants;
To hold a person for To issue a warrant of
b. National and regional state prosecutors; and
trial arrest
c. Other officers as may be authorized by law
such as: the COMELEC, Ombudsman and
Whose function
PCGG
Their authority to conduct preliminary Public Prosecutor Judge
investigations shall include all crimes cognizable
by the proper court in their respective territorial Purpose
jurisdictions.
Whether or not there Whether or not a
Probable cause
is reasonable ground warrant of arrest
It presupposes a reasonable ground for belief in to believe that the should be issued
the existence of facts warranting the proceedings accused is guilty of against the accused.
complained of. (Riano, 2016) the offense charged
and should be held for
Allado v. Diono, G.R. No. 113630 (1994)
trial
It has been defined as “such facts and
circumstances which would lead a reasonably Resolution of investigating prosecutor
prudent man to believe that an offense has been Resolution of investigating prosecutor and its
committed by the person sought to be arrested. review.
Distinguish: executive and judicial Section 4, Rule 112.
determination of probable cause If the investigating prosecutor finds cause to hold
The determination of probable cause by the the respondent for trial, he shall prepare the
executive department is often referred to as resolution and information. He shall certify under
preliminary investigation while the determination oath in the information that:
of probable cause by the judicial department is 1. He, or an authorized officer, has personally
frequently called a preliminary examination or examined the complainant and his witnesses;
preliminary inquiry. (Riano, 2016) 2. That there is reasonable ground to believe
People v. Castillo, G.R. No. 171188 (2009) that a crime has been committed and that the
accused is probably guilty thereof;
The executive determination of probable cause is 3. That the accused was informed of the
one made during preliminary investigation. It is a complaint and of the evidence submitted
function that properly pertains to the public against him; and
Prosecutor who is given a broad discretion to 4. That he was given an opportunity to submit
determine whether probable cause exists and to controverting evidence.
charge those whom he believes to have
committed the crime as defined by law and thus Otherwise, he shall recommend the dismissal of
should be held for trial. the complaint.
Review
111
Section 4 (3) (4) (5), Rule 112. (b) By the Municipal Trial Court. – When required
pursuant to the second paragraph of section of
No complaint or information may be filed or
this Rule, the preliminary investigation of cases
dismissed by an investigating prosecutor without
falling under the original jurisdiction of the
the prior written authority or approval of the
Metropolitan Trial Court, Municipal Trial Court in
provincial or city prosecutor or chief state
Cities, Municipal Trial Court, or Municipal Circuit
prosecutor or the Ombudsman or his deputy.
Trial Court may be conducted by either the judge
Where the investigating prosecutor recommends or the prosecutor.
the dismissal of the complaint but his
1. When conducted by the prosecutor, the
recommendation is disapproved by the provincial
procedure for the issuance of a warrant
or city prosecutor or chief state prosecutor or the
of arrest by the judge shall be governed
Ombudsman or his deputy on the ground that a
by paragraph (a) of this section.
probable cause exists, the latter may, by himself,
2. When the investigation is conducted by
file the information against the respondent, or
the judge himself, he shall follow the
direct any other assistant prosecutor or state
procedure provided in section 3 of this
prosecutor to do so without conducting another
Rule.
preliminary investigation.
3. If his findings and recommendations are
If upon petition by a proper party under such rules affirmed by the provincial or city
as the Department of Justice may prescribe or prosecutor, or by the Ombudsman or his
motu proprio, the Secretary of Justice reverses deputy, and the corresponding
or modifies the resolution of the provincial or city information is filed, he shall issue a
prosecutor or chief state prosecutor, he shall warrant of arrest.
direct the prosecutor concerned either to file the 4. However, without waiting for the
corresponding information without conducting conclusion of the investigation, the judge
another preliminary investigation, or to dismiss may issue a warrant of arrest if he finds
or move for dismissal of the complaint or after an examination in writing and
information with notice to the parties. The same under oath of the complainant and his
rule shall apply in preliminary investigations witnesses in the form of searching
conducted by the officers of the Office of the questions and answers, that a probable
Ombudsman. cause exists and that there is a
necessity of placing the respondent
When warrant of arrest may issue
under immediate custody in order not to
Section 5, Rule 112, Rules of Court frustrate the ends of justice.
(a) By the Regional Trial Court. – Within ten (10) (c) When warrant of arrest not necessary. – A
days from the filing of the complaint or warrant of arrest shall not issue if the accused is
information, the judge shall personally evaluate already under detention pursuant to a warrant
the resolution of the prosecutor and its issued by the municipal trial court in accordance
supporting evidence. with paragraph (b) of this section, or if the
1. He may immediately dismiss the case if complaint or information was filed pursuant to
the evidence on record clearly fails to section 6 of this Rule or is for an offense
establish probable cause. penalized by fine only. The court shall them
2. If he finds probable cause, he shall issue proceed in the exercise of its original jurisdiction.
a warrant of arrest, or a commitment Cases not requiring preliminary investigation
order if the accused has already been
arrested pursuant to a warrant issued by When accused lawfully arrested without warrant
the judge who conducted the preliminary Section 6, Rule 112, Rules of Court
investigation or when the complaint or When a person is lawfully arrested without a
information was filed pursuant to warrant involving an offense which requires a
section 7 of this Rule. preliminary investigation, the complaint or
3. In case of doubt on the existence of information may be filed by a prosecutor without
probable cause, the judge may order the need of such investigation provided an inquest
prosecutor to present additional has been conducted in accordance with existing
evidence within five (5) days from notice rules. In the absence or unavailability of an
and the issue must be resolved by the inquest prosecutor, the complaint may be filed by
court within thirty (30) days from the the offended party or a peace office directly with
filing of the complaint of information. the proper court on the basis of the affidavit of the
offended party or arresting officer or person.
112
Example: waiver of the right to ask for preliminary
investigation.
1. If a person is arrested lawfully without a
warrant involving an offense which requires Inquest
a preliminary investigation, i.e., the penalty is DOJ Circular No. 61
at least four (4) years, two (2) months, and
one (1) day, an information or complaint may Inquest is an informal and summary investigation
be filed against him without need for a conducted by a public Prosecutor in criminal
preliminary investigation. Instead, the person cases involving persons arrested and detained
arrested shall be required to undergo an without the benefit of a warrant of arrest issued
inquest. This proceeding is required before a by the court for the purpose of determining
complaint or information may be filed against whether or not said persons should remain under
the person arrested. Inquest proceedings are custody and correspondingly be charged in court.
proper only when the accused has been 1. The inquest is conducted by a public
lawfully arrested without a warrant (Ladlad prosecutor who is assigned inquest duties as
v. Velasco, 523 SCRA 318; sec. 6, Rule 112, an Inquest Officer and is to discharge his
Rules of Court). Thus, if a person is arrested duties, unless otherwise directed, only at the
by a police officer in flagrante delicto while police stations/headquarters of the PNP in
robbing the victim through violence or order to expedite and facilitate the
intimidation, the arrest is a lawful one (Sec. disposition of inquest cases (Sec. 2, Part II,
5[a] of Rule 113, Rules of Court) and a Manual for Prosecutors).
preliminary investigation is not required even 2. The inquest proceedings shall be deemed
if the penalty for robbery is more than four commenced from the time the Inquest Officer
(4) years, two (2) months, and one (1) day. receives the complaint and referral
2. If he has been arrested in a place where an documents from the law enforcement
inquest prosecutor is available, an inquest authorities. These documents include the: (a)
will be conducted instead of a preliminary affidavit of arrest, (b) the investigation report,
investigation, In the absence or unavailability (c) the statements of the complainant and the
of an inquest prosecutor, an inquest may be witnesses, and (d) other supporting evidence
dispensed with. The rule, hence, allows the gathered. The affidavit of arrest and the
filing of the complaint directly with the statements or affidavits of the complainant
proper court by the offended party or a peace and the witnesses shall be subscribed and
offcer on the basis of the affidavit of the sworn to before the Inquest Officer by the
offended party or arresting officer or person. affiants (Sec. 3, Part II, Manual for
Remedies of accused if there was no Prosecutors).
preliminary investigation 3. The detained person should be present
during the inquest proceedings unless
Section 6 (2) (3), Rule 112. reasons exist that would dispense with his
Before the complaint or information is filed, the presence like confinement in a hospital,
person arrested may ask for a preliminary detention in a place requiring maximum
investigation in accordance with this Rule, but he security or his presence is not feasible by
must sign a waiver of the provision of Article 125 reason of age, health or similar factors (Sec.
of the Revised Penal Code, as amended, in the 6, Part II, Manual for Prosecutors). If
presence of his counsel. Notwithstanding the necessary, the Inquest Officer shall require
waiver, he may apply for bail and the investigation the presence of the complaining witnesses
must be terminated within fifteen (15) days from and subject them to an informal and
its inception. summary investigation or examination for
purpose of determining the existence of
After the filing of the complaint or information in
probable cause (Sec. 11, Part II, Manual for
court without a preliminary investigation, the
Prosecutors).
accused may, within five (5) days from the time he
learns of its filing, ask for a preliminary Article 125, Revised Penal Code
investigation with the same right to adduce NOTE: Inquest proceedings must be terminated
evidence in his defense as provided in this Rule. within the period prescribed under the provisions
People v. Figueroa, G.R. No. L-24273 (1969) of Article 125 of the Revised Penal Code, as
amended:
Note: The 5-day period is mandatory. Failure to
file the motion within the said period amounts to 1. Crime punishable by light penalties within 12
hours;
113
2. Crime punishable by correctional penalty: warrant shall be shown to him as soon as
within 18 hours; and practicable.
3. Crime punishable by afflictive or capital
By Officer without Warrant
punishment within 36 hours.
Arrest (Rule 113)
When making an arrest without a warrant, the
Arrest, how made officer shall inform the person to be arrested of
Section 2, Rule 113. his authority and the cause of the arrest, unless
the latter is either engaged in the commission of
An arrest is made by an actual restraint of a an offense, is pursued immediately after its
person to be arrested, or by his submission to the commission, has escaped, flees or forcibly resists
custody of the person making the arrest. before the officer has opportunity so to inform
No violence or unnecessary force shall be used in him, or when the giving of such information will
making an arrest. The person arrested shall not imperil the arrest.
be subject to a greater restraint than is necessary By Private Person
for his detention.
Arrest without warrant, when lawful When making an arrest, a private person shall
Section 5, Rule 113, Rules of Court inform the person to be arrested of the intention
A peace officer or a private person may, without to arrest him and cause of the arrest, unless the
a warrant, arrest a person: latter is either engaged in the commission of an
offense, is pursued immediately after its
1. When, in his presence, the person to be commission, or has escaped, flees, or forcibly
arrested has committed, is actually resists before the person making the arrest has
committing, or is attempting to commit an opportunity to so inform him, or when the giving
offense; of such information will imperil the arrest.
2. When an offense has just been committed,
and he has probable cause to believe based Requisites of a valid warrant of arrest
on personal knowledge of facts or Section 2, Article III, 1987 Constitution
circumstances that the person to be arrested
1. It must be issued upon probable cause which
has committed it; and
must be determined personally by a judge
3. When the person to be arrested is a prisoner
after examination under oath or affirmation
who has escaped from a penal establishment
of the complainant and the witnesses he may
or place where he is serving final judgment
produce;
or is temporarily confined while his case is
2. The warrant must particularly describe the
pending, or has escaped while being
person to be seized. A warrant of arrest has
transferred from one confinement to
no expiry date. It remains valid until arrest is
another.
effected or the warrant is lifted.
In cases falling under paragraph (a) and (b)
above, the person arrested without a warrant
Determination of probable cause for
shall be forthwith delivered to the nearest police issuance of warrant of arrest
station or jail and shall be proceeded against in Ocampo v. Abando, G.R. No. 176830 (2014)
accordance with section 7 of Rule 112. Probable cause for the issuance of a warrant of
Method of arrest arrest has been defined as "such facts and
By Officer with Warrant circumstances which would lead a reasonably
discreet and prudent man to believe that an
offense has been committed by the person sought
When making an arrest by virtue of a warrant, the to be arrested". Although the Constitution
officer shall inform the person to be arrested of provides that probable cause shall be determined
the cause of the arrest and of the fact that a by the judge after an examination under oath or
warrant has been issued for his arrest, except an affirmation of the complainant and the
when he flees or forcibly resists before the officer witnesses, the Supreme Court has ruled that a
has opportunity to so inform him, or when the hearing is not necessary for the determination
giving of such information will imperil the arrest. thereof. In fact, the judge's personal examination
The officer need not have the warrant in his of the complainant and the witnesses is not
possession at the time of the arrest but after the mandatory and indispensable for determining the
arrest, if the person arrested so requires, the aptness of issuing a warrant of arrest. It is
114
enough that the judge personally evaluates the Bail is available only to persons in custody of the
prosecutor's report and supporting documents law.
showing the existence of probable cause for the
Dinapol v. Baldado, A.M. No. 92-898 (1993)
indictment and, on the basis thereof, issue a
warrant of arrest; or if, on the basis of his A person in the custody of law when he has been
evaluation, he finds no probable cause, to either arrested or otherwise deprived of his
disregard the prosecutor's resolution and require freedom or when he has voluntarily submitted
the submission of additional affidavits of himself to the jurisdiction of the court by
witnesses to aid him in determining its existence surrendering to the proper authorities
Bail (Rule 114) When a matter of right; exceptions
Nature Section 4, Rule 114.
Bail defined All persons in custody shall be admitted to bail as
Section 1, Rule 114, Rules of Court a matter of right, with sufficient sureties, or
released on recognize as prescribed by law or
Bail is the security given for the release of a this Rule:
person in custody of the law, furnished by him or
a bondsman, to guarantee his appearance before 1 Before or after conviction by the Metropolitan
any court as required under the conditions Trial Court, Municipal Trial Court, Municipal
hereinafter specified. Bail may be given in the Trial Court in Cities, or Municipal Circuit Trial
form of corporate surety, property bond, cash Court, and
deposit, or recognizance. 2 Before conviction by the Regional Trial Court
of an offense not punishable by death,
Sec. 13, Art. 111, 1987 Constitution of the Philippines reclusion perpetua, or life imprisonment.
The right to bail is a constitutional right. The NOTE: The prosecution does not have the right to
Philippine Constitution provides: oppose or to present evidence for its denial.
"All persons, except those charged with offenses When a matter of discretion
punishable by reclusion perpetua when evidence
of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on Upon conviction by the Regional Trial Court of an
recognizance as may be provided by law. The right offense not punishable by death, reclusion
to bail shall not be impaired even when the perpetua, or life imprisonment, admission to bail
privilege of the writ of habeas corpus is is discretionary. The application for bail may be
suspended. Excessive bail shall not be required" filed and acted upon by the trial court despite the
filing of a notice of appeal, provided it has not
Paderanga v. Court of Appeals, G.R. No. 115407
transmitted the original record to the appellate
(1995)
court. However, if the decision of the trial court
The right to bail springs from the presumption of convicting the accused changed the nature of the
innocence accorded every accused upon whom offense from non-bailable to bailable, the
should not be inflicted incarceration at the outset application for bail can only be filed with and
since, after the trial, he would be entitled to resolved by the appellate court.
acquittal, unless his guilt be established beyond
Should the court grant the application, the
reasonable doubt
accused may be allowed to continue on
Purpose of Bail: provisional liberty during the pendency of the
appeal under the same bail subject to the consent
1. To relieve an accused from the rigors of
of the bondsman.
imprisonment until his conviction and yet
secure his appearance at the trial (Almeda v. If the penalty imposed by the trial court is
Villaluz, G.R. No. L-31665, August 6, 1975); imprisonment exceeding six (6) years, the
2. To honour the presumption of innocence until accused shall be denied bail, or his bail shall be
his guilt is proven beyond reasonable doubt cancelled upon a showing by the prosecution,
(Cortes v. Catral, A.M. No. RTJ-97-1387, with notice to the accused, of the following or
September 10, 1997); and other similar circumstances: (RECFU)
3. To enable him to prepare his defence without
a. That he is a recidivist, quasi-recidivist, or
being subject to punishment prior to
habitual delinquent, or has committed the
conviction (Id.).
crime aggravated by the circumstance of
reiteration;
115
b. That he has previously escaped from legal considering primarily, but not limited to, the
confinement, evaded sentence, or violated following factors:
the conditions of his bail without valid
a. Financial ability of the accused to give bail;
justification;
b. Nature and circumstances of the offense;
c. That he committed the offense while under
c. Penalty for the offense charged;
probation, parole, or conditional pardon;
d. Character and reputation of the accused;
d. That the circumstances of his case indicate
e. Age and health of the accused;
the probability of flight if released on bail; or
f. Weight of the evidence against the accused;
e. That there is undue risk that he may commit
g. Probability of the accused appearing at the
another crime during the pendency of the
trial;
appeal.
h. Forfeiture of other bail;
The appellate court may, motu proprio or on i. The fact that accused was a fugitive from
motion of any party, review the resolution of the justice when arrested; and
Regional Trial Court after notice to the adverse j. Pendency of other cases where the accused
party in either case. is on bail.
Hearing of application for bail in capital Excessive bail shall not be required.
offenses Bail when not required
Section 8, Rule 114. Section 16, Rule 114.
A hearing of the application for bail is to be con- No bail shall be required when the law or these
ducted when a person is in custody for the Rules so provide.
commission of an offense punishable by death,
reclusion perpetua, or life imprisonment. In the When a person has been in custody for a period
hearing, the prosecution has the burden of equal to or more than the possible maximum
showing that the evidence of guilt is strong. imprisonment prescribe for the offense charged,
he shall be released immediately, without
Gacal v. Infante, A.M. No. RTJ- 04-1845 (2011) prejudice to the continuation of the trial or the
Bail cannot be allowed to a person charged with proceedings on appeal. If the maximum penalty to
a capital offense, or of an offense punishable by which the accused may be sentenced is destierro,
reclusion perpetua, without a hearing upon notice he shall be released after thirty (30) days of
to the prosecution preventive imprisonment.
Rules when Bail application is filed: A person in custody for a period equal to or more
than the minimum of the principal penalty
1. Bail may be granted only after motion for that
prescribed for the offense charged, without
purpose has been filed. It may not be granted
application of the Indeterminate Sentence Law or
motu propio (Lardizabal v. Reyes, A.M. No.
any modifying circumstance, shall be released on
MTJ-94-897, December 25, 1994); a reduced bail or on his own recognizance, at the
2. If the prosecution refuses to adduce
discretion of the court.
evidence, it is still mandatory for the court to
conduct a hearing or ask searching and BAIL IS NOT REQUIRED WHEN THE LAW OR
clarificatory questions (Baylon v. Sison, A.M. RULES PROVIDE:
No. 93-037, April 6, 1995); 1. Offense charged is violation of an ordinance,
3. The decision must contain a complete light felony or criminal offense the imposable
summary of the evidence of the prosecution penalty does not exceed 6 months of
(Id.); or imprisonment and/or fine of P2,000 under RA
4. Failure to allege summary of evidence in the 6036.
written order of bail shall render the order 2. Where the accused applied for probation and
void, whether or not bail is granted. The judge before the same has been resolved but no
can also face administrative charges bail was filed or the accused is incapable of
(Marallag v. Purugganan, A.M. No. 00-1529- filing one, in which case he may be released
RTJ, April 9, 2002). on his own recognizance.
Guidelines in fixing amount of bail 3. In case of a youthful offender held for
Section 9, Rule 114, Rules of Court physical or mental examination, trial or
appeal, if unable to furnish bail and under the
The judge who issued the warrant or granted the circumstances provided by P.D. 603, as
application shall fix a reasonable amount of bail amended.
116
4. A person who has been in custody for a Failing in these two requisites, a judgment shall
period equal to or more than the possible be rendered against the bondsmen, jointly and
maximum imprisonment prescribed for the severally, for the amount of the bail. The court
offense charged, without prejudice to the shall not reduce or otherwise mitigate the liability
continuation of the trial or the proceedings of the bondsmen, unless the accused has been
on appeal. surrendered or is acquitted.
5. A person accused of an offense with a
Cancellation of bail
maximum penalty of destierro shall be
released after 30 days of preventive Section 22, Rule 114.
imprisonment. Upon application of the bondsmen, which must be:
No bail after final judgment; exception 1. With due notice to the prosecutor,
Section 24, Rule 114. 2. The bail may be cancelled upon surrender of
the accused or proof of his death.
No bail shall be allowed after the judgment of
conviction has become final. If before such The bail shall be deemed automatically cancelled
finality, the accused has applies for probation, he upon:
may be allowed temporary liberty under his bail. 1. Acquittal of the accused,
When no bail was filed or the accused is incapable 2. Dismissal of the case, or
of filing one, the court may allow his release on 3. Execution of the judgment of conviction.
recognizance to the custody of a responsible
member of the community. In no case shall bail In all instances, the cancellation shall be without
be allowed after the accused has commenced to prejudice to any liability on the bond. (22a)
serve sentence. Application not a bar to objections in illegal
Increase or reduction of bail arrest, lack of or irregular preliminary
Section 20, Rule 114. investigation
After the accused is admitted to bail, the court Section 26, Rule 114.
may upon good cause, either increase or reduce An application for or admission to bail shall not
its amount. When increased, the accused may be bar the accused from challenging the:
committed to custody if he does not give bail in
1. Validity of his arrest or The legality of the
the increased amount within a reasonable period.
warrant issued therefor, or
An accused held to answer a criminal charge,
2. From assailing the regularity or questioning
who is released without bail upon filing of the
the absence of a preliminary investigation of
complaint or information, may, at any subsequent
the charge against him,
stage of the proceedings and whenever a strong
showing of guilt appears to the court, be required Provided that he raises them before entering his
to give bail in the amount fixed, or in lieu thereof, plea. The court shall resolve the matter as early
committed to custody. as practicable but not later than the start of the
trial of the case.
Forfeiture and cancellation of bail
Forfeiture of bond Arraignment and Plea (Rule 116)
Section 21, Rule 114. How made
When the presence of the accused is required by Section 1, Rule 116, Rules of Court
the court or these Rules, his bondsmen shall be a. The arraignment is made in open court by the
notified to produce him before the court on a judge or clerk by furnishing the accused with
given date and time. If the accused fails to appear a copy of the complaint or information,
in person as required, his bail shall be declared reading the same in the language or dialect
forfeited and the bondsmen given thirty (30) days known to him, and asking him whether he
within which to produce their principal and to pleads guilty or not guilty.
show cause why no judgment should be rendered b. The accused must be present at the
against them for the amount of their bail. Within arraignment and must personally enter his
the said period, the bondsmen must: plea. Both arraignment and plea shall be
a. Produce the body of their principal or give the made of record, but failure to do so shall not
reason for his non-production; and affect the validity of the proceedings.
b. Explain why the accused did not appear c. Arraignment shall be held within 30 days
before the court when first required to do so. from the date the court acquires jurisdiction
over the person of the accused.
117
EXCEPTION: a. The lesser offense is necessarily included in
the offense charged; and
1. When an accused is under preventive
b. The plea must be with the consent of both the
detention, his case should be raffled within 3
offended party and the prosecutor. The
days from filing and accused shall be
consent of the offended party will not be
arraigned within 10 days from receipt by the
required if said party, despite due notice, fails
judge of the records of the case; (RA 8493
to appear during the arraignment.
Speedy Trial Act)
2. Where the complainant is about to depart Accused plead guilty to capital offense,
from the Philippines with no definite date of what the court should do
return, the accused should be arraigned Section 3, Rule 116, Rules of Court
without delay;
3. Cases under RA 7610 (Child Abuse Act), the When the accused pleads guilty to a capital
trial shall be commenced within 3 days from offense, the court is mandated to perform the
arraignment; following:
4. Cases under the Dangerous Drugs Act; and a. To conduct a searching inquiry
5. Cases under SC AO 104-96 i.e. heinous (i) To ascertain the voluntariness of
crimes, violations of the Intellectual Property the plea, and
Rights law, these cases must be tried (ii) To ascertain whether or not the
continuously until terminated within 60 days accused has full comprehension
from commencement of the trial and to be of the consequences of his plea;
decided within 30 days from the submission b. To require the prosecution to prove the
of the case. following:
When should plea of not guilty be entered (i) The guilt of the accused, and
(ii) The precise degree of his
culpability; and
A plea of not guilty shall be entered: c. To ask the accused if he wishes to present
a. When the accused so pleaded; evidence in his behalf and be allowed to do
b. When he refuses to plead [Sec. 1(c), Rule 116, so, if he desires.
Rules of Court]; Searching inquiry
c. When he enters a conditional plea of guilty
[Sec. 1(c), Rule 116, Rules of Court]; A searching inquiry is made to determine whether
d. When a plea of guilty is entered but later the plea of guilty was made voluntarily and
presents exculpatory evidence, his plea shall whether the accused fully understood the
be deemed withdrawn and a plea of not guilty consequence of his plea.
shall be entered for him [Sec. 1(d), Rule 116, Guidelines in conducting a searching inquiry:
Rules of Court]; or People v. Pastor, G.R. No. 140208 (2002)
e. When the plea is indefinite or ambiguous.
a. Ascertain from the accused himself (a) how
A plea of guilty shall be definite, unambiguous, he was brought into custody of the law; (b)
and absolute, otherwise, it shall be considered as whether he had the assistance of a
a plea of not guilty. competent counsel during the custodial and
When may accused enter a plea of guilty to preliminary investigations; and (c) under
a lesser offense what conditions he was detained and
interrogated during the investigations;
b. Ask the defense counsel a series of
At arraignment, the accused, with the consent of questions as to whether he had conferred
the offended party and the prosecutor, may be with, and completely explained to the
allowed by the trial court to plead guilty to a accused the meaning and consequences of a
lesser offense which is necessarily included in plea of guilty;
the offense charged. After arraignment but before c. Elicit information about the personality
trial, the accused may still be allowed to plead profile of the accused;
guilty to said lesser offense after withdrawing his d. Inform the accused of the exact length of
plea of not guilty. No amendment of the complaint imprisonment or nature of the penalty under
or information is necessary. the law and the certainty that he will serve
such sentence;
Requisites for a plea of guilty to a lesser offense
Riano, 2016
118
e. Inquire if the accused knows the crime with charged, or the case against him was
which he is charged and fully explain to him dismissed or otherwise terminated without
the elements of the crime; his express consent (double jeopardy).
f. All questions posed to the accused should be
in a language known and understood by the
Distinguish from demurrer to evidence
latter; and Motion to Quash vs. Demurrer to evidence
g. The trial judge must satisfy himself that the
Motion to Quash Demurrer to evidence
accused is truly guilty.
Improvident plea Filed before the Filed after the
Withdrawal of improvident plea of guilty accused enters his prosecution has rests
plea. its case.
At any time before the judgment of conviction Does not require a May be filed by the
becomes final, the court may permit an prior leave of court accused either with
improvident plea of guilty to be withdrawn and be before filing. leave or without leave
substituted by a plea of not guilty. of court.
It is a plea without information as to all the
Based on matters Based on the ground of
circumstances affecting it. It is based upon a
found on the face of the insufficiency of
mistaken assumption or misleading information
information or evidence adduced by
or advice.
complaint. the prosecution in
Instances of improvident plea support of the
accusation.
a. Plea of guilty was compelled by violence or
intimidation;
Governed by Rule 117 of Governed by Rule 119 of
b. The accused did not fully understand the
the Rules of Court. the Rules of Court.
meaning and consequences of his plea;
c. Insufficient information to sustain conviction Effects of sustaining the motion to quash
of the offense charged;
d. Information does not charge an offense; or
e. Court has no jurisdiction. 1. If the motion to quash is sustained, the court
may order that another complaint or
Motion to Quash (Rule 117) information be filed except as provided in
Grounds Section 6 of Rule 117.
Grounds for a motion to quash the complaint or (a) If the order is made, the accused, if in
information custody, shall not be discharged unless
admitted to bail.
(b) If no order is made, or if having been
a. That the facts charged do not constitute an made, no new information is filed within
offense; the time specified in the order or within
b. That the court trying the case has no such further time as the court may allow
jurisdiction over the offense charged; for good cause, the accused, if in
c. That the court trying the case has no custody, shall be discharged unless he is
jurisdiction over the person of the accused; also in custody for another charge.
d. That the officer who filed the information had 2. If the motion to quash is sustained upon any
no authority to do so; of the following grounds, the court must
e. That the information does not conform state, in its order granting the motion, the
substantially to the prescribed form; release of the accused if he is in custody, or
f. That more than one offense is charged except the cancellation of his bond if he is out on
when a single punishment for various bail:
offenses is prescribed by law; (a) That a criminal action or liability has
g. That the criminal action or liability has been been extinguished;
extinguished; (b) That it contains averments which, if true,
h. That it contains various averments which if would constitute a legal excuse or
true would constitute legal excuse or justification; or
justification; and (c) That the accused has been previously
i. That the accused has been previously convicted or acquitted of the offense
convicted or acquitted of the offense charged.
119
3. If the motion to quash is sustained upon the Double jeopardy shall not apply despite a prior
ground that the court has no jurisdiction over conviction under any of the following instances:
the offense charged, the court should
(a) The graver offense developed due to
remand or forward the case to the proper
supervening facts arising from the same act
court, not to quash the complaint or
or omission constituting the former charge;
information.
(b) The facts constituting the graver charge
4. If the motion is based on any of the following
became known or were discovered only after
grounds:
a plea was entered in the former complaint
(a) That the facts charged do not constitute
or information; or
an offense;
(c) The plea of guilty to the lesser offense was
(b) That the officer who filed the information
made without the consent of the prosecutor
had no authority to do so;
and of the offended party except as provided
(c) That it does not conform substantially to
in section 1 (f) of Rule 116.
the prescribed form; or
(d) That more than one offense is charged. Provisional dismissal
Exception to the rule that sustaining the Section 8, Rule 117.
motion is not a bar to another prosecution A case shall not be provisionally dismissed
Section 6, Rule 117. except with the express consent of the accused
and with notice to the offended party.
An order sustaining the motion to quash is not a
bar to another prosecution for the same offense. The provisional dismissal of offenses punishable
by imprisonment not exceeding six (6) years or a
Except: fine of any amount, or both, shall become
1. Extinction of criminal action or liability (Sec. 3 permanent one (1) year after issuance of the order
(g), Rule 117); and without the case having been revived. With
respect to offenses punishable by imprisonment
2. Double jeopardy (Sec. 3 (i), Rule 117).
of more than six (6) years, their provisional
Double jeopardy dismissal shall become permanent two (2) years
Former conviction or acquittal; double jeopardy after issuance of the order without the case
having been revived.
Period when provisional dismissal becomes
When an accused has been convicted or
permanent
acquitted, or the case against him dismissed or
otherwise terminated without his express 1. The provisional dismissal of offenses
consent by a court of competent jurisdiction, upon punishable by imprisonment not exceeding 6
a valid complaint or information or other formal years or a fine of any amount, or both, shall
charge sufficient in form and substance to sustain become permanent 1 year after issuance of
a conviction and after the accused had pleaded to the order without the case having been
the charge, the conviction or acquittal of the revived.
accused or the dismissal of the case shall be a 2. With respect to offenses punishable by
bar to another prosecution for the offense imprisonment of more than 6 years, their
charged, or for any attempt to commit the same provisional dismissal shall become
or frustration thereof, or for any offense which permanent 2 years after issuance of the
necessarily includes or is necessarily included in order without the case having been revived.
the offense charged in the former complaint or Requisites for the Time Bar Rule
information.
For a case to be provisionally dismissed, the
Requisites of Double jeopardy: following requisites in the first paragraph must
Saldariega v. Panganiban, G.R. Nos. 211933 (2015) concur:
1. A valid indictment, a. There must be express consent of the
2. Before a court of competent jurisdiction, accused;
3. The arraignment of the accused, b. There must be notice to the offended party.
4. A valid plea entered by him, and
5. The acquittal or conviction of the accused, or
the dismissal or termination of the case
against him without his express consent.
120
Provisional dismissal under (Guidelines for Pre-trial; mandatory in criminal cases
Decongesting Holding Jails by Enforcing the Section 1, Rule 118.
Rights of Accused Persons to Bail and to Speedy
Trial) In all criminal cases cognizable by the
Sandiganbayan, Regional Trial Court,
Section 10, A.M. No. 12-11-2-SC
Metropolitan Trial Court, Municipal Trial Court in
1. When the delays are due to the Cities, Municipal Trial Court and Municipal Circuit
absence of an essential witness Trial Court, the court shall after arraignment and
whose whereabouts are unknown within thirty (30) days from the date the court
or cannot be determined and, acquires jurisdiction over the person of the
therefore, are subject to exclusion accused, unless a shorter period is provided for
in determining if, with the in special laws or circulars of the Supreme Court,
prescribed time limits which caused order a pre-trial conference to consider the
the trial to exceed 180 days, the following:
court shall provisionally dismiss the
a. plea bargaining;
action with the express consent of
b. stipulation of facts;
the detained accused.
c. marking for identification of evidence of the
2. When the delays are due to the
parties;
absence of an essential witness
d. waiver of objections to admissibility of
whose presence cannot be obtained
evidence;
by due diligence though his
e. modification of the order of trial if the
whereabouts are known, the court
accused admits the charge but interposes a
shall provisionally dismiss the
lawful defense; and
action with the express consent of
f. such other matters as will promote a fair and
the detained accused provided:
expeditious trial of the criminal and civil
(a) The hearing in the case has been
aspects of the case. (Secs. 2 and 3, Cir. 38-
previously twice postponed due to the
98)
non-appearance of the essential
witness and both the witness and the What the court should do when prosecution
offended party, if they are two different and offended party agree to the plea
persons, have been given notice of the offered by the accused
setting of the case for third hearing,
A.M. No. 03-1-09-SC
which notice contains a warning that the
case would be dismissed if the essential The court shall:
witness continues to be absent; and a. Issue an order which contains the plea
(b) There is proof of service of the pertinent bargaining arrived at;
notices of hearings or subpoenas upon b. Proceed to receive evidence on the civil
the essential witness and the offended aspect of the case; and
party at their last known postal or e-mail c. Render and promulgate judgment of
addresses or mobile phone numbers. conviction, including the civil liability or
3. For the above purpose, the public or damages duly established by the evidence.
private prosecutor shall first
present during the trial the Pre-trial agreement
essential witness or witnesses to Section 2, Rule 118.
the case before anyone else. An
All agreements or admissions made or entered
essential witness is one whose
during the pre-trial conference shall be reduced
testimony dwells on the presence of
some or all of the elements of the in writing and signed by the accused and counsel,
crime and whose testimony is otherwise, they cannot be used against the
indispensable to the conviction of accused. The agreements covering the matters
the accused. referred to in section 1 of this Rule shall be
approved by the court.
Pre-trial (Rule 118)
Requisites before a pre-trial agreement may be
Matters to be considered during pre-trial used as evidence
a. It is reduced in writing; and
b. Signed by the accused and his counsel.
121
Sec. 3, Speedy Trial Act of 1998 Instances when the presence of the accused is
required:
The agreements in relation to matters referred to
in Sec. 2, (i.e, Plea bargaining, Stipulation of Facts, a. At arraignment and plea, whether of
Marking for Identification of evidence of parties, innocence or of guilt; (Sec 1(b), Rule 116)
Waiver of objections to admissibility of evidence, b. During trial, whenever necessary for
and other matters as will promote a fair and identification purposes; and
expeditious trial) are subject to the approval of c. At the promulgation of sentence, unless it is
the court. for a light offense, in which case, the accused
may appear by counsel or representative. At
Provided, that the agreement on the plea of the
such stages of the proceedings, his presence
accused to a lesser offense may only be revised,
is required and cannot be waived (People v.
modified, or annulled by the court when the same
De Grano, 588 SCRA 332, June 5, 2009).
is contrary to law, public morals, or public policy.
Non-appearance during pre-trial Requisite before trial can be suspended on
account of absence of witness
Section 3 (b), Rule 119.
If the counsel for the accused or the prosecutor
does not appear at the pre-trial conference and Any period of delay resulting from the absence or
does not offer an acceptable excuse for his lack unavailability of an essential witness.
of cooperation, the court may impose proper For purposes of this subparagraph, an essential
sanctions or penalties. witness shall be considered absent when his
Pre-trial order whereabouts are unknown or his whereabouts
cannot be determined by due diligence. He shall
Section 4, Rule 118. be considered unavailable whenever his
After the pre-trial conference, the court shall whereabouts are known but his presence for trial
issue an order reciting the actions taken, the facts cannot be obtained by due diligence.
stipulated, and evidence marked. Such order shall Requisites to justify delay or suspension:
bind the parties, limit the trial to matters not
disposed of, and control the course of the action 1. The witness must be “essential”;
during the trial, unless modified by the court to 2. His whereabouts are unknown; or
prevent manifest injustice. 3. His whereabouts cannot be determined by
due diligence.
Purpose and effect of the pre-trial order
Sec. 5, Speedy Trial Act of 1998 Trial in absentia
Section 14(2), Article III, 1987 Constitution of the
The pre-trial order shall:
Philippines.
a. Bind the parties;
In all criminal prosecutions, the accused shall be
b. Limit the trial to those matters not disposed
presumed innocent until the contrary is proved,
of; and
and shall enjoy the right to be heard by himself
c. Control the course of the action during the
and counsel, to be informed of the nature and
trial, unless modified by the court to prevent
cause of the accusation against him, to have a
manifest injustice
speedy, impartial, and public trial, to meet the
A pre-trial order must be issued within 10 days witnesses face to face, and to have compulsory
after the termination of the pre-trial. It shall process to secure the attendance of witnesses
include the following: and the production of evidence in his behalf.
a. Actions taken during the pre-trial However, after arraignment, trial may proceed
conference; notwithstanding the absence of the accused
b. Facts stipulated; admissions made; provided that he has been duly notified and his
c. Evidence marked; and failure to appear is unjustifiable.
d. Number of witnesses to be presented and the
Requisites of a valid trial in absentia:
schedule of trial.
Bernardo v. People, 520 SCRA 332 (2007)
Trial (Rule 119)
a. The accused has already been arraigned;
Instances when presence of accused is b. He has been duly notified of the trial or
required by law hearings; and
c. The absence of the accused or his failure to
appear is unjustified
122
Remedy when accused is not brought to trial Discharge of accused operates as acquittal
within the prescribed period Section 18, Rule 119.
Section 9, Rule 119. The order indicated in the preceding section shall
If the accused is not brought to trial within the amount to an acquittal of the discharged accused
time limit required by Section 1(g), Rule 116 and and shall be a bar to future prosecution for the
Section 1, as extended by Section 6 of this rule, the same offense, unless the accused fails or refuses
information may be dismissed on motion of the to testify against his co-accused in accordance
accused on the ground of denial of his right of with his sworn statement constituting the basis
speedy trial. The accused shall have the burden of for the discharge.
proving the motion but the prosecution shall have Demurrer to evidence
the burden of going forward with the evidence to
establish the exclusion of time under section 3 of
this rule. The dismissal shall be subject to the After the prosecution rests its case, the court may
rules on double jeopardy. dismiss the action on the ground of insufficiency
of evidence (1) on its own initiative after giving the
Failure of the accused to move for dismissal prior
prosecution the opportunity to be heard or (2)
to trial shall constitute a waiver of the right to
upon demurrer to evidence filed by the accused
dismiss under this section. (sec. 14, cir. 38-98)
with or without leave of court.
Requisites for discharge of accused to If the court denies the demurrer to evidence filed
become a state witness with leave of court, the accused may adduce
Discharge of accused to be state witness evidence in his defense. When the demurrer to
Section 17, Rule 119. evidence is filed without leave of court, the
accused waives the right to present evidence and
When two or more persons are jointly charged
submits the case for judgment on the basis of the
with the commission of any offense, upon motion
evidence for the prosecution. (15a)
of the prosecution before resting its case, the
court may direct one or more of the accused to be The motion for leave of court to file demurrer to
discharged with their consent so that they may be evidence shall specifically state its grounds and
witnesses for the state when, after requiring the shall be filed within a non-extendible period of
prosecution to present evidence and the sworn five (5) days after the prosecution rests its case.
statement of each proposed state witness at a The prosecution may oppose the motion within a
hearing in support of the discharge, the court is non-extendible period of five (5) days from its
satisfied that: receipt.
a. There is absolute necessity for the testimony If leave of court is granted, the accused shall file
of the accused whose discharge is the demurrer to evidence within a non-extendible
requested; period of ten (10) days from notice. The
b. The is no other direct evidence available for prosecution may oppose the demurrer to
the proper prosecution of the offense evidence within a similar period from its receipt.
committed, except the testimony of said The order denying the motion for leave of court to
accused; file demurrer to evidence or the demurrer itself
c. The testimony of said accused can be shall not be reviewable by appeal or
substantially corroborated in its material by certiorari before judgment.
points;
d. Said accused does not appear to be the most Guidelines on continuous trial
guilty; and Revised Guidelines for Continuous Trial of
e. Said accused has not at any time been Criminal Cases, A.M. No. 15-06-10-SC
convicted of any offense involving moral Applicability
turpitude.
Section I.
Evidence adduced in support of the discharge
The Revised Guidelines for Continuous Trial of
shall automatically form part of the trial. If the
Criminal Cases (Revised Guidelines) shall apply
court denies the motion for discharge of the
to all newly-filed criminal cases, including those
accused as state witness, his sworn statement
governed by Special Laws and Rules,1 in the First
shall be inadmissible in evidence.
and Second Level Courts, the Sandiganbayan and
Effects of discharge of accused as state the Court of Tax Appeals as of effectivity date. The
witness Revised Guidelines shall also apply to pending
criminal cases with respect to the remainder of
123
the proceedings. Unless otherwise specifically information, or to exclude an accused
provided herein, the Revised Guidelines shall not originally charged therein, filed by the
apply to criminal cases filed under the Rule on prosecution as a result of a reinvestigation,
Summary Procedure. reconsideration, and review;
2. Motion to quash warrant of arrest;
Prohibited and meritorious motions
3. Motion to suspend arraignment on the
Prohibited Motions ground of an unsound mental condition under
Section III (2b) Sec. ll(a), Rule 116;
Prohibited motions shall be denied outright 4. Motion to suspend proceedings on the
before the scheduled arraignment without need ground of a prejudicial question where a civil
of comment and/ or opposition. case was filed prior to the criminal case
under Sec. ll(b), Rule 116;
The following motions are prohibited: 5. Motion to quash information on the grounds
1. Motion for judicial determination of probable that the facts charged do not constitute an
cause. offense, lack of jurisdiction, extinction of
2. Motion for preliminary investigation filed criminal action or liability, or double jeopardy
beyond the five (5)-day reglementary period under Sec. 3, par. (a), (b), (g), and (i), Rule 117;
in inquest proceedings under Sec. 6, Rule 112, 6. Motion to discharge accused as a state
or when preliminary investigation is required witness under Sec. 17, Rule 119;
under Sec. 8, Rule 112, or allowed in inquest 7. Motion to quash search warrant under Sec.
proceedings and the accused failed to 14, Rule 126 or motion to suppress evidence;
participate in the preliminary investigation and
despite due notice. 8. Motion to dismiss on the ground that the
3. Motion for reinvestigation of the prosecutor criminal case is a Strategic Lawsuit Against
recommending the filing of information once Public Participation (SLAPP) under Rule 6 of
the information has been filed before the the Rules of Procedure for Environmental
court (1) if the motion is filed without prior Cases.
leave of court; (2) when preliminary The comment of the adverse party shall be filed
investigation is not required under Sec. 8, within a non-extendible period of ten (10)
Rule 112; and (3) when the regular preliminary calendar days from notice/receipt of the order of
investigation is required and has been the court to file the same, and the court shall
actually conducted, and the grounds relied resolve the motion within a non-extendible period
upon in the motion are not meritorious, such of ten (10) calendar days from the expiration of the
as issues of credibility, admissibility of ten (10)-day period, with or without comment. The
evidence, innocence of the accused, or . lack court, at its discretion, may set the motion for
of due process when the accused was hearing within a non-extendible period of ten (10)
actually notified, among others. calendar days from the expiration of the ten (10)-
4. Motion to quash information when the ground day period to file comment, in which case the
is not one of those stated in Sec. 3, Rule 117. same shall be submitted for resolution after the
5. Motion for bill of particulars that does not termination of the hearing, and shall be resolved
conform to Sec. 9, Rule 116. within a non-extendible period of ten (10)
6. Motion to suspend the arraignment based on calendar days thereafter. Reply and
grounds not stated under Sec. 11, Rule 116. memorandum need not be submitted.
7. Petition to suspend the criminal action on the
ground of prejudicial question, when no civil In case of a motion to discharge accused as state
case has been filed, pursuant to Sec. 7, Rule witness under Sec. 17, Rule 119, where the
111. prosecution is required to present evidence in
support thereof, such motion shall be submitted
Meritorious Motions for resolution from the termination of the hearing,
Section III (2c) and shall be resolved within a non-extendible
Motions that allege plausible grounds supported period of ten (10) calendar days thereafter.
by relevant documents and/ or competent The motion for reconsideration of the resolution
evidence, except those that are already covered of a meritorious motion shall be filed within a
by the Revised Guidelines, are meritorious non-extendible period of five (5) calendar days
motions, such as: from receipt of such resolution, and the adverse
1. Motion to withdraw information, or to party shall be given an equal period of five (5)
downgrade the charge in the original calendar days from receipt of the motion for
reconsideration within which to submit its
124
comment. Thereafter, the motion for names appear in the information for purposes of
reconsideration shall be resolved by the court plea-bargaining, arraignment and pre-trial.
within a non-extendible period of five (5) calendar
(c) Waiver of Reading of the Information.
days fro1n the expiration of the five (5)-day period
to submit the comment. In multiple cases, the court, upon personal
examination of the accused, may allow a waiver
Motions that do not conform to the requirements
of the reading of the information upon the full
stated above shall be considered unmeritorious
understanding and express consent of the
and shall be denied outright.
accused and his/her counsel, which consent shall
Motion for postponement. - A motion for be expressly stated in both the minutes/
postponement is prohibited, except if it is based certificate of arraign1nent and the order of
on acts of God, force n1ajeure or physical inability arraignment. The court shall explain the waiver to
of the witness to appear and testify. If the motion the accused in the language or dialect known to
is granted based on such exceptions, the moving him/her, and ensure the accused's full
party shall be warned that the presentation of its understanding of the consequences of the waiver
evidence must still be finished on the dates before approving the same. (See Annex 1)
previously agreed upon.
(d) Arraignment Proper.
A motion for postponement, whether written or 1. Plea Bargaining Except in Drug Cases.- If the
oral, shall at all times be accompanied by the accused desires to enter a plea of guilty to a
original official receipt from the Office of the Clerk lesser offense, plea bargaining shall
of Court evidencing payment of the postponement immediately proceed, provided the private
fee under Sec. 21 (b), Rule 141, to be sub1nitted offended party in private crimes, or the
either at the time of the filing of said 1notion or not arresting officer in victimless crimes, is
later than the next hearing date. The Clerk of present to give his/her consent with the
Court shall not accept the motion unless conformity of the public prosecutor to the
accompanied by the original receipt. (AM No. 15- plea bargaining. Thereafter, judgment shall
06-10-SC) be immediately rendered in the same
proceedings. (See Annexes 2 and 3)
Arraignment and pre-trial
2. Plea of Guilty to the Crin1e Charged in the
Section III (8) Information. - If the accused pleads guilty to
(a) Schedule of Arraignment and Pre-trial. the crime charged in the information,
judgment shall be immediately rendered,
Once the court has acquired jurisdiction over the
except in those cases involving capital
person of the accused, the arraignment of the
punishment. (See Annex 4)
accused and the pre-trial shall be set within ten
3. Where No Plea Bargaining or Plea of Guilty
(10) calendar days from date of the court's receipt
Takes Place. - If the accused does not enter
of the case for a detained accused, and within
a plea of guilty, whether to a lesser offense
thirty (30) calendar days from the date the court
or to the offense charged in the information,
acquires jurisdiction (either by arrest or
the court shall immediately proceed with the
voluntary surrender) over a non-detained
arraignment and the pretrial, in accordance
accused, unless a shorter period is provided by
with the succeeding provisions on pre-trial.
special law or Supreme Court circular.
The schedule of the trial dates, for both the
The court must set the arraignment of the
prosecution and the accused, shall be continuous
accused in the commitment order, in the case of
and within the periods provided in the Regular
detained accused, or in the order of approval of
Rules/ Special Rules. The trial dates may be
bail, in any other case. For this purpose, where
shortened depending on the number of witnesses
the Executive Judge and Pairing Judges act on
to be presented. In this regard, a flowchart shall
bail applications in cases assigned to other
be prepared by the court which shall serve as the
courts, they shall coordinate with the courts to
final schedule of hearings. (See Annexes 5 and 6)
which the cases are actually assigned for
(AM No. 15-06-10-SC)
scheduling purposes.
Trial; memoranda
(b) Notice of Arraignment and Pre-Trial.
Section III (13)
Notice of arraignment and pre-trial shall be sent
to the accused, his/her counsel, private (a) The court shall encourage the accused and
complainant or complaining law enforcement the prosecution to avail of:
agent, public prosecutor, and witnesses whose
125
i. For the accused – Sec. 12 and 13, Rule 119 The demurrer shall be resolved by the court
on the application for examination of within a non-extendible period of thirty (30)
witness for accused before trial and how calendar days fron1 date of the filing of the
it is made; and comment or lapse of the ten (10)-day period to file
ii. For the prosecution - Sec. 15, Rule 119 on the same.
the conditional examination of witness
If the motion for leave of court to file demurrer to
for the prosecution.
evidence is granted, and the subsequent
(b) Absence of counsel de parte. - In the absence demurrer to evidence is denied, the accused shall
of the counsel de parte, the hearing shall proceed likewise present and terminate his/her evidence
upon appointment by the court of a counsel de (one day apart, morning and afternoon) and shall
officio. orally offer and rest his/her case on the day
his/her last witness is presented. The court shall
(c) Offer of evidence. - The offer of evidence, the
rule on the oral off er of evidence of the accused
comment/ objection thereto, and the court ruling
and the comment or objection of the prosecution
thereto shall be made orally. A party is required
on the same day of the offer. If the court denies
to make his/ her oral offer of evidence on the
the motion to present rebuttal evidence because
same day after the presentation of his/her last
it is no longer necessary, it shall consider the
witness, and the opposing party is required to
case submitted for decision. (See Annex 10).
immediately interpose his/her oral comment/
objection thereto. Thereafter, the court shall (e) Presentation of Rebuttal and Sur-rebuttal
make a ruling on the offer of evidence in open Evidence. - If the court grants the motion to
court. present rebuttal evidence, the prosecution shall
immediately proceed with its presentation after
In making the offer, the counsel shall cite the
the accused had rested his/her case, and orally
specific page numbers of the court record where
rest its case in rebuttal after the presentation of
the exhibits being offered are found, if attached
its last rebuttal witness. Thereafter, the accused
thereto. The court shall ensure that all exhibits
shall immediately present sur-rebuttal evidence,
offered are submitted to it on the same day of the
if there is any, and orally rest the case in sur-
offer.
rebuttal after the presentation of its last sur-
If the exhibits are not attached to the record, the rebuttal witness. Thereafter, the court shall
party making the offer must submit the sa1ne submit the case for decision. (See Annexes 11 to
during the offer of evidence in open court. 13).
(d) Demurrer to Evidence. - After the prosecution (f) One-day examination of witness rule. - The
has rested its case, the court shall inquire from court shall strictly adhere to the rule that a
the accused if he/ she desires to move for leave witness has to be fully examined in one (1) day.
of court to file a demurrer to evidence, or to (AM No. 15-06-10-SC)
proceed with the presentation of his/her
Memoranda
evidence. (See Annex 9)
Section III (14)
If the accused orally moves for leave of court to
file a demurrer to evidence, the court shall orally The submission of memoranda is discretionary on
resolve the sa1ne. If the motion for leave is the part of the court, which in no case shall
denied, the court shall issue an order for the exceed twenty-five (25) pages in length, single-
accused to present and terminate his/her spaced, on legal size paper, using size 14 font. The
evidence on the dates previously scheduled and period to submit memoranda shall be non-
agreed upon, and to orally offer and rest his/her extendible and shall not suspend the running of
case on the day his/her last witness is presented. the period of promulgation of the decision; thus,
with or without memoranda, the promulgation
If despite the denial of the motion for leave, the shall push through as scheduled. (AM No. 15-06-
accused insists on filing the demurrer to 10-SC)
evidence, the previously scheduled dates for the
accused to present evidence shall be cancelled. Promulgation
The demurrer to evidence shall be filed within a Section III (16)
non-extendible period of ten (10) calendar days (a) Schedule of promulgation. - The court shall
from the date leave of court is granted, and the announce in open court and include in the order
corresponding comment shall be filed within a submitting the case for decision, the date of the
non-extendible period of ten (10) calendar days pro1nulgation of its decision which shall not be
counted from date of receipt of the demurrer to more than ninety (90) calendar days fro1n the date
evidence.
126
the case is submitted for decision., except when Promulgation of judgment; instances of
the case is covered by Special Rules and other promulgation of judgment in absentia
laws which provide for a shorter period. Section 6, Rule 120.
(b) Resolution of 1notion for reconsideration of The judgment is promulgated by reading it in the
judgment of conviction or 1notion for new trial. - presence of the accused and any judge of the
A motion for reconsideration of judg1nent of court in which it was rendered. However, if the
conviction or 1notion for new trial under Rule 121 conviction is for a light offense, the judgment may
filed within the reglementary period of fifteen (15) be pronounced in the presence of his counsel or
days from promulgation shall be resolved within representative. When the judge is absent or
a non-extendible period of ten (10) calendar days outside of the province or city, the judgment may
fro1n the submission of the comment of the be promulgated by the clerk of court.
prosecution. With or without comment, the court
shall resolve the motion within the ten (10)-day If the accused is confined or detained in another
period. (AM No. 15-06-10-SC) province or city, the judgment may be
promulgated by the executive judge of the
Judgment (Rule 120) Regional Trial Court having jurisdiction over the
Requisites of a judgment place of confinement or detention upon request of
the court which rendered the judgment. The court
promulgating the judgment shall have authority to
Judgment is the adjudication by the court that the accept the notice of appeal and to approve the bail
accused is guilty or not guilty of the offense bond pending appeal; provided, that if the decision
charged and the imposition on him of the proper of the trial court convicting the accused changed
penalty and civil liability, the nature of the offense from non-bailable to
a. It must be written in the official language; bailable, the application for bail can only be filed
b. Personally and directly prepared by the judge and resolved by the appellate court.
and signed by him; and The proper clerk of court shall give notice to the
c. Shall contain clearly and distinctly a accused personally or through his bondsman or
statement of the facts and the law upon warden and counsel, requiring him to be present
which it is based. at the promulgation of the decision. If the accused
tried in absentia because he jumped bail or
Contents of judgment
escaped from prison, the notice to him shall be
Section 2, Rule 120. served at his last known address.
If the judgment is of conviction, it shall state: In case the accused fails to appear at the
1. The legal qualification of the offense scheduled date of promulgation of judgment
constituted by the acts committed by the despite notice, the promulgation shall be made by
accused and the aggravating or mitigating recording the judgment in the criminal docket and
circumstances which attended its serving him a copy thereof at his last known
commission; address or thru his counsel.
2. The participation of the accused in the If the judgment is for conviction and the failure of
offense, whether as principal, accomplice, or the accused to appear was without justifiable
accessory after the fact; cause, he shall lose the remedies available in
3. The penalty imposed upon the accused; and these rules against the judgment and the court
4. The civil liability or damages caused by his shall order his arrest. Within fifteen (15) days
wrongful act or omission to be recovered from promulgation of judgment, however, the
from the accused by the offended party, if accused may surrender and file a motion for
there is any, unless the enforcement of the leave of court to avail of these remedies. He shall
civil liability by a separate civil action has state the reasons for his absence at the
been reserved or waived. scheduled promulgation and if he proves that his
In case the judgment is of acquittal, it shall state absence was for a justifiable cause, he shall be
whether the evidence of the prosecution allowed to avail of said remedies within fifteen
absolutely failed to prove the guilt of the accused (15) days from notice.
or merely failed to prove his guilt beyond Instances when judgment becomes final
reasonable doubt. In either case, the judgment
shall determine if the act or omission from which Section 7, Rule 120.
the civil liability might arise did not exist. Except where the death penalty is imposed, a
judgment becomes final;
127
(a) After the lapse of the period for b. When a new trial is granted on the ground of
perfecting an appeal; newly-discovered evidence, the evidence
(b) When the sentence has been already adduced shall stand and the newly-
partially or totally satisfied or discovered and such other evidence as the
served; court may, in the interest of justice, allow to
(c) When the accused has waived in be introduced shall be taken and considered
writing his right to appeal, or together with the evidence already in the
(d) Has applied for probation. record.
c. In all cases, when the court grants new trial
New Trial or Reconsideration (Rule 121) or reconsideration, the original judgment
Grounds for new trial shall be set aside or vacated and a new
Section 2, Rule 121. judgment rendered accordingly.
The court shall grant a new trial on any of the Appeal (Rule 122)
following grounds: Effect of an appeal
a. The errors of law or irregularities prejudicial Guy v. People, G.R. Nos. 166794-96 (2009)
to the substantial rights of the accused have
In criminal cases, an appeal throws the case wide
been committed during the trial;
open for review and the reviewing tribunal can
b. The new and material evidence has been
correct errors or even reverse the trial court’s
discovered which the accused could not with
decision on grounds other than those that the
reasonable diligence have discovered and
parties raised as errors.
produced at the trial and which if introduced
and admitted would probably change the People v. Torres, G.R. No. 189850 (2014)
judgment.
When an accused appeals from the sentence of
Grounds for reconsideration the trial court, he waives the constitutional
Section 3, Rule 121. safeguards against double jeopardy and throws
the whole case open to the review of the appellate
The court shall grant reconsideration on the court.
ground of errors of law or fact in the judgment,
which requires no further proceedings. Where to appeal
Requisites before a new trial may be
granted on ground of newly discovered a. To the RTC, in cases decided by the MeTC,
evidence MTCC, MTC, or MCTC;
b. To the CA or SC in the proper cases provided
Section 2, Rule 121. by law, in cases decided by the RTC;
a. The evidence must have been discovered c. To the SC, in cases decided by the CA.
after the trial; How appeal taken
b. It could not have been previously discovered
and produced at the trial even with the Section 3, Rule 122.
exercise of reasonable diligence; a. The appeal to the RTC, or to the CA in cases
c. It is new and material evidence decided by the RTC in the exercise of its
d. If introduced and admitted, it would probably original jurisdiction, shall be by notice of
change the judgment. appeal filed with the court which rendered
Effects of granting a new trial or the judgment or final order appealed from
and by serving a copy thereof upon the
reconsideration adverse party.
Section 6, Rule 121. b. The appeal to the CA in cases decided by the
The effects of granting a new trial or RTC in the exercise of its appellate
reconsideration are the following: jurisdiction shall be by petition for review
under Rule 42.
a. When a new trial is granted on the ground of c. The appeal in cases where the penalty
errors of law or irregularities committed imposed by the RTC is reclusion perpetua or
during the trial, all proceedings and evidence life imprisonment, or where a lesser penalty
affected thereby shall be set aside and taken is imposed but for offenses committed on the
anew. The court may, in the interest of same occasion or which arose out of the
justice, allow the introduction of additional same occurrence that gave rise to the more
evidence. serious offense for which the penalty of
128
death, reclusion perpetua, or life Ramirez v. People, 706 SCRA 667, 671-672 (2013)
imprisonment is imposed, shall be by notice
Filing a notice of appeal outside the said period,
of appeal to the CA in accordance with par. A
i.e. more than a year later, is a ground for
of this Rule.
dismissal of said appeal.
d. No notice of appeal is necessary in cases
where the RTC imposed the death penalty. Section 8, Rule 124.
The CA shall automatically review the In the CA, the appeal may be dismissed if the
judgment as provided in Sec. 10 of this Rule. appellant fails to file his brief within the time
e. Except as provided in the last paragraph of prescribed, except where the appellant is
Sec. 13, Rule 124, all other appeals to the SC represented by a counsel de oficio. The dismissal
shall be by petition for review on certiorari may be motu proprio or upon motion of the
under Rule 45. appellee with notice to the appellant in either
Effect of appeal by any several of several case.
accused Riano, 2016
The CA may also, upon motion of the appellee or
a. An appeal taken by one or more several motu proprio, dismiss the appeal if the appellant
accused shall not affect those who did not escapes from prison or confinement, jumps bail
appeal, except insofar as the judgment of the or flees to a foreign country during the pendency
appellate court is favorable and applicable to of the appeal
the latter.
Search and Seizure (Rule 126)
NOTE: the phrase “did not appeal” should not be
interpreted literally to deprive those who Nature of search warrant
appealed their convictions from the benefits of Search warrant defined
the provision. The provision applies “without Section 1, Rule 126.
regard as to the filing or non-filing of an appeal
A search warrant is an order in writing issued in
by a co-accused, as long as the judgment is
the name of the People of the Philippines, signed
favorable to him” (People v. Valdez, 690 SCRA 563,
by a judge and directed to a peace officer,
572, February 13, 2013).
commanding him to search for personal property
b. The appeal of the offended party from the described therein and bring it before the court.
civil aspect of shall not affect the criminal
Worldwide Web Corporation v. People, G.R. No.
aspect of the judgment or order appealed
161106 (2014).
from.
c. Upon perfection of the appeal, the execution A search warrant is not a criminal action nor does
of the judgment or final order shall be stayed it represent a commencement of a criminal
as to the appealing party. prosecution even if it is entitled like a criminal
action. It is not a proceeding against a person but
NOTE: the execution of the judgment or final order
is solely for the discovery and to get possession
appealed from shall be stayed as to the appealing
of personal property. It is a special and peculiar
party only. The rule does not provide that the
remedy, drastic in nature, and made necessary
execution of the judgment shall be stayed also as
because of public necessity.
to the non-appealing party (Riano, 2016).
Grounds for dismissal of appeal Distinguish from warrant of arrest
Section 6, Rule 122. Warrant of Arrest Search Warrant
An appeal must be taken within fifteen (15) days Order directed to the Order in writing in the
from: (a) promulgation of the judgment; or (b) peace officer to name of the Republic of
from notice of the final order appealed from. This execute the warrant by the Philippines signed
period for perfecting an appeal shall be taking the person by the judge and
suspended from the time a motion for new trial or stated therein into directed to the peace
reconsideration is filed until notice of the order custody so that he may officer to search
overruling the motion has been served upon the be bound to answer for personal property
accused or his counsel at which time the balance the commission of the described therein and
of the period begins to run. offense. Does not to bring it to court.
become stale. Validity is for 10 days
only.
129
warrants. It is a matter wholly dependent on the
May be served on any To be served only in
finding of trial judges in the process of exercising
day and at any time of daytime unless the
their judicial function.
day or night. affidavit alleges that
the property is on the Century Chinese Medicine Co. v. People, 709 SCRA
person or in the place 177 (2013)
to be searched. The determination of probable cause does not call
for the application of rules and standards of proof
Searching examination Must personally
that a judgment of conviction requires after trial
of witnesses is not conduct an examination
on the merits. “Probable cause” is concerned with
necessary. of the complainant and
probability, not absolute or even moral certainty.
the witnesses.
The prosecution need not present at this stage
proof beyond reasonable doubt.
Judge is merely called Examination must be Personal examination by judge of the
upon to examine and probing. Not enough to applicant and witnesses
evaluate the report of merely adopt the Examination of complainant; record
the fiscal and the questions and answers Section 5, Rule 126.
evidence. asked by a previous
investigator. a. The examination must be personally
conducted by the judge;
b. The examination must be in the form of
searching questions and answers;
Application for search warrant; where filed c. The complainant and the witnesses shall be
Court where application for search warrant shall examined on these facts personally known to
be filed them;
Section 2, Rule 126. d. The statements must be in writing and under
oath; and
An application for search warrant shall be filed
e. The sworn statements of the complainant
with the following:
and the witnesses, together with the
a. Any court within whose territorial affidavits submitted shall be attached to the
jurisdiction a crime was committed. record.
b. For compelling reasons stated in the
application, any court within the judicial
Particularity of place to be searched and
region where the crime was committed if the things to be seized
place of the commission of the commission Yao, Sr. v. People, G.R. NO. 168306 (2007)
of the crime is known, or any court within the Long standing rule is that a description of the
judicial region where the warrant shall be place to be searched is sufficient if the officer with
enforced. the warrant can, with reasonable effort, ascertain
However, if the criminal action has already been and identify the place intended and distinguish it
filed, the application shall only be made in the from other places in the community. Any
court where the criminal action is pending. designation or description that points out the
place to the exclusion of all others, and on inquiry
Probable cause for issuance of search leads the officers unerringly to it, satisfies the
warrant constitutional requirement.
Century Chinese Medicine Co. v. People, 709 SCRA
Quelnan v. People, G.R. NO. 166061 (2007)
177 (2013)
It is not required that the search warrant must
Probable cause means “the existence of such
name the person who occupies the described
facts and circumstances which would lead a
premises. The failure to name the owner or
reasonably discreet and prudent man to believe
occupant of the property in the affidavit and
that an offense has been committed and that the
search warrant does not invalidate the warrant.
objects sought in connection with the offense are
Where the name of the owner of the premises
in the place to be searched”.
sought to be searched is incorrectly inserted, it is
Worldwide Web Corporation v. People, G.R. No. not a fatal defect if the legal description of the
161106 (2014) premises is otherwise correct that no discretion
is left to the officer making the search as to the
There is no exact test for the determination of
place to be searched.
probable cause in the issuance of search
130
Riano, 2016 Consented Search
The exception to this rule is a John Doe warrant Riano, 2016
which does not name the person subject of the A consented search occurs when a person gives
same. In such case, the best possible description a law enforcement agent permission to search in
of the person is to be given in the warrant; but it areas in which such person has a reasonable
must be sufficient to indicate clearly on whom it expectation of privacy.
is to be served, by stating his occupation, his
personal appearance and peculiarities, the place People v. Nuevas, G.R. No. 170233 (2007)
of his residence or other circumstances by which In case of consented searches or waiver of the
he can be identified. constitutional guarantee against obtrusive
Uy Kheytin v. Villareal, G.R. No. 16009 (1920) searches, it must first appear that:
The purpose of the rule requiring a particular 1. The right exists;

description of the things to be searched is to limit 2. The person involved had knowledge, either
the things to be seized to those described in the actual or constructive, of the existence of
search warrant and to leave the officers of the such right; and
law no discretion regarding what articles they 3. The said person had an actual intention to
shall seize so abuses may not be committed. relinquish the right.
Riano, 2016 Search of Moving Vehicle

People v. Tuazon, G.R. No. 175783 (2007)
Warrants, which do not describe the things to be
seized with the required particularity, have been A warrantless search of a moving vehicle is
traditionally called general warrants. justified on the ground that “it is not practicable to
secure a warrant because the vehicle can be
Worldwide Web Corporation v. People, G.R. No. quickly moved out of the locality or jurisdiction in
161106 (2014) which the warrant must be sought”.
A general warrant is one that allows the seizure When a vehicle is flagged down and subjected to
of one thing under a warrant describing another an extensive search, such a warrantless search
and gives the officer executing the warrant the has been held to be valid as long as the officers
discretion over which items to take. conducting the search have reasonable or
Personal property to be seized probable cause to believe prior to the search that
Section 3, Rule 126. they would find the instrumentality or evidence
pertaining to a crime, in the vehicle to be
A search warrant may be issued for the search searched.
and seizure of personal property:
Checkpoints; body checks in airport
a. Subject of the offense; People v. Vinecario, G.R. No. 141137 (2004)
b. Stolen or embezzled and other proceeds, or
fruits of the offense; or Searches conducted in checkpoints are valid as
c. Used or intended to be used as the means of long as they are warranted by exigencies of public
committing an offense. order and are conducted in a way least intrusive
to motorists. For as long as the vehicle is neither
Exceptions to search warrant requirement searched nor its occupants subjected to a body
Search Incidental to Lawful Arrest search, and the inspection of a vehicle is limited
Section 13, Rule 126. to a visual search, said routine checks cannot be
regarded as violative of an individual’s right
A person lawfully arrested may be searched for against unreasonable searches.
dangerous weapons or anything which may have
been used or constitute proof in the commission Plain View Situation
of an offense without a search warrant. Abelita III v. Doria, G.R. No. 170672 (2009)
People v. Calantiao, G.R. No. 203984 (2014) Under the plain view doctrine, objects falling in
the plain view of an officer who has a right to be
The purpose of this exception is “to protect the
in the position to have that view are subject to
arresting officer from being harmed by the
seizure and may be presented as evidence. The
person arrested, who might be armed with
plain view doctrine applies when the following
concealed weapon, and to prevent the latter from
requisites concur:
destroying evidence within reach.
1. The law enforcement officer in search of the
evidence has a prior justification for an
131
intrusion or is in a position from which he can 1. A motion to quash the search warrant;
view a particular area; 2. A motion to suppress as evidence the objects
2. The discovery of the evidence in plain view in illegally taken;
inadvertent; and
EXCLUSIONARY RULE: any evidence obtained
3. It is immediately apparent to the officer that
through unreasonable searches and seizures
the item he observes may be evidence of a
shall be deemed inadmissible for any purpose in
crime, contraband or otherwise subject to
any proceedings.
seizure.
3. Replevin, if the objects are illegally
United Laboratories v. Isip, G.R. NO. 163858 (2005)
possessed.
NOTE: The “requirement of inadvertence” means
Stonehill v. Diokno, G.R. No. L-19550 (1967)
that the officer must not have known in advance
of the location of the evidence and discovery is The remedies are alternative. If a motion to quash
not anticipated. is denied, a motion to suppress cannot be availed
of subsequently.
The “immediately apparent” requirement under
the plain view doctrine merely requires that the The legality of a seizure can be contested only by
seizure be presumptively reasonable assuming the party whose right have been impaired
that there is probable cause to associate the thereby, and that the objection to an unlawful
property with criminal activity; that a nexus exists search and seizure is purely personal and cannot
between a viewed object and criminal activity. be availed of by third parties.
Stop and Frisk Situation A motion to quash a search warrant or to
Riano, 2016 suppress evidence; where to file
The “stop-and-frisk” principle serves a dual
purpose: General rule: A motion to quash a search warrant
or to suppress evidence may only be filed and
1. The general interest of effective crime
acted upon by the court where the action is
prevention and detection; and
pending.
2. The safety of the police officer to take steps
to assure himself that the person with whom Exception: If no criminal action has been filed, the
he deals with is not armed with a deadly motion may be filed in and resolved by the court
weapon that could be used against him. that issued the search warrant.
Two (2) parts: Exception to the Exception: If the criminal case is
subsequently filed in another court and the
1. Stop – a valid “stop” by an officer requires
motion to quash is still not resolved by the issuing
that he has a reasonable and articulable
court, the motion shall not be resolved by the
belief that criminal activity has happened or
former court unless compelling reasons warrant
is about to happen.
its resolution by the latter court.
2. Frisk – the “frisk” made after the “stop” must
be done because of reasonable belief that the Cybercrime Warrants
person stopped is in possession of a weapon Rule on Cybercrime Warrants, A.M. No. 17-11-03-
that will pose a danger to the officer and SC
others. It must be a mere pat down outside Scope and Applicability
the person’s outer garment and not
unreasonably intrusive. Section 1.2
Enforcement of Custom Laws This Rule sets forth the procedure for the
application and grant of warrants and related
Roldan, Jr. v. Area, G.R. No. L-25434 (1975) orders involving the preservation, disclosure,
Search and seizure without search warrant of interception, search, seizure, and/or examination,
vessels and air crafts for violations of the as well as the custody, and destruction of
customs laws have been the traditional exception computer data, as provided under the Cybercrime
to the constitutional requirement of a search Prevention Act of 2012 (R.A. 10175).
warrant, because the vessel can be quickly General Provisions
moved out of the locality or jurisdiction in which
the search warrant must be sought before such Venue of Criminal Actions
warrant could be secured. Section 2.1
Remedies from unlawful search and seizure The criminal actions for violation of Section 4
(Cybercrime offenses) and/or Section 5 (Other
132
offenses), Chapter II of RA 10175, shall be filed criminal action. The prosecution has the duty to
before the designated cybercrime court of the move for the transmittal of the records, as well
province or city where the offense or any of its as the transfer of the items' custody to the latter
elements is committed, or where any part of the court, which procedure is set forth in Section 7 .2
computer system is situated, or where any of the of this Rule.
damage caused to a natural or juridical person
Examination of Applicant and Record
took place: Provided, that the court where the
criminal action is first filed shall acquire Section 2.4
jurisdiction to the exclusion of the other courts. Before issuing a warrant, the judge must
All other crimes defined and penalized by the personally examine in the form of searching
Revised Penal Code, as amended, and other questions and answers, in writing and under oath,
special laws, committed by, through, and with the the applicant and the witnesses he may produce,
use of ICT, as provided under Section 6, Chapter II on facts personally known to them and attach to
of RA 10175, shall be filed before the regular or the record their sworn statements, together with
other specialized regional trial courts, as the case the judicial affidavits submitted.
may be. Effective Period of Warrants
Where to File an Application for a Warrant Section Section 2.5
2.2 Any warrant issued under this Rule shall only be
An application for a warrant under this Rule effective for the length of time as determined by
concerning a violation of Section 4 (Cybercrime the court, which shall not exceed a period of ten
Offenses) and/or Section 5 (Other Offenses), (10) days from it issuance. The court issuing the
Chapter II of RA 10175 shall be filed by the law warrant may, upon motion, extend its effectivity
enforcement authorities before any of the based only on justifiable reasons for a period not
designated cybercrime courts of the province or exceeding ten (10) days from the expiration of the
the city where the offense or any of its elements original period.
has been committed, is being committed, or is Contempt
about to be committed, or where any part of the
Section 2.6
computer system used is situated, or where any
of the damage caused to a natural or juridical Failure to timely file the returns for any of the
person took place. issued warrants under this Rule or to duly turn-
over to the court's custody any of the items
However, the cybercrime courts in Quezon City,
disclosed, intercepted, searched, seized, and/or
the City of Manila, Makati City, Pasig City, Cebu
examined as prescribed hereunder, shall subject
City, Iloilo City, Davao City and Cagayan De Oro
the responsible law enforcement authorities to an
City shall have the special authority to act on
action for contempt, which procedures shall be
applications and issue warrants which shall be
governed by Rule 71 of the Rules of Civil
enforceable nationwide and outside the
Procedure, insofar as they are applicable.
Philippines.
Obstruction of Justice for Non-Compliance;
On the other hand, an application for a warrant
Where to File
under this Rule for violation of Section 6, Chapter
II of RA 10175 (all crimes defined and penalized by Section 2.7
the Revised Penal Code, as amended, and other Pursuant to Section 20, Chapter IV of RA 10175,
special laws, if committed by, through, and with failure to comply with the provisions of Chapter
the use of ICT) shall be filed by the law IV, specifically the orders from law enforcement
enforcement authorities with the regular or other authorities, shall be punished as a violation of
specialized regional trial courts, as the case may Presidential Decree No. 1829, entitled "Penalizing
be, within its territorial jurisdiction in the places Obstruction Of Apprehension And Prosecution Of
above-described. Criminal Offenders."
Incidents Related to the Warrant When a Criminal The criminal charge for obstruction of justice
Action is Instituted shall be filed before the designated cybercrime
Section 2.3 court that has jurisdiction over the place where
the non-compliance was committed.
Once a criminal action is instituted, a motion to
quash and other incidents that relate to the
warrant shall be heard and resolved by the court
that subsequently acquired jurisdiction over the
133
Extraterritorial Service of Warrants and Other and accordingly, require any person or service
Court Processes provider to disclose or submit subscriber's
Section 2.8 information, traffic data, or relevant data in
his/her or its possession or control.
For persons or service providers situated outside
of the Philippines, service of warrants and/or Interception of Computer Data
other court processes shall be coursed through Section 5
the Department of Justice - Office of Cybercrime,
Interception, as defined under Section 3 (m),
in line with all relevant international instruments
Chapter I of RA 10175, may be carried out only by
and/or agreements on the matter.
virtue of a court issued warrant, duly applied for
Preservation of Computer Data by law enforcement authorities.
Section 3.1 Warrant to Intercept Computer Data (WICD)
Pursuant to Section 13, Chapter IV of RA 10175, the Section 5.2
integrity of traffic data and subscriber's
An order in writing issued in the name of the
information shall be kept, retained, and preserved
People of the Philippines, signed by a judge, upon
by a service provider for a minimum period of six
application of law enforcement authorities,
(6) months from the date of the transaction. On
authorizing the latter to carry out any or all of the
the other hand, content data shall be preserved
following activities: (a) listening to, (b) recording,
for six (6) months from the date of receipt of the
(c) monitoring, or (d) surveillance of the content
order from law enforcement authorities requiring
of communications, including procuring of the
its preservation.
content of computer data, either directly, through
Law enforcement authorities may order a one- access and use of a computer system or
time extension for another six (6) months: indirectly, through the use of electronic
Provided, that once computer data that is eavesdropping or tapping devices, at the same
preserved, transmitted or stored by a service time that the communication is occurring.
provider is used as evidence in a case, the receipt
Search, seizure, and examination of computer
by the service provider of a copy of the transmittal
data
document to the Office of the Prosecutor shall be
deemed a notification to preserve the computer Warrant to Search, Seize, and Examine Computer
data until the final termination of the case and/or Data (WSSECD)
as ordered by the court, as the case maybe. Section 6
The service provider ordered to preserve An order in writing issued in the name of the
computer data shall keep the order and its People of the Philippines, signed by a judge, upon
compliance therewith confidential. application of law enforcement authorities,
authorizing the latter to search the particular
Disclosure of Computer Data place for items to be seized and/ or examined.
Section 4
Custody of Computer Data
Pursuant to Section 14, Chapter IV of RA 10175, law Section 7.1
enforcement authorities, upon securing a
Warrant to Disclose Computer Data (WDCD) Upon the filing of the return for a WDCD or WICD,
under this Rule, shall issue an order requiring any or the final return for a WSSECD or WECD, all
person or service provider to disclose or submit computer data subject thereof shall be
subscriber's information, traffic data or relevant simultaneously deposited in a sealed package
data in his/her or its possession or control within with the same court that issued the warrant. It
seventy-two (72) hours from receipt of the order shall be accompanied by a complete and verified
in relation to a valid complaint officially docketed inventory of all the other items seized in relation
and assigned for investigation and the disclosure thereto, and by the affidavit of the duly authorized
is necessary and relevant for the purpose of law enforcement officer containing:
investigation. 1. The date and time of the disclosure,
Warrant to Disclose Computer Data (WDCD) interception, search, seizure, and/or
Section 4.2 examination of the computer data, as the
case may be. If the examiner or analyst has
An order in writing issued in the name of the recorded his/her examination, the recording
People of the Philippines, signed by a judge, upon shall also be deposited with the court in a
application of law enforcement authorities, sealed package and stated in the affidavit;
authorizing the latter to issue an order to disclose
134
2. The particulars of the subject computer data, upon written notice to them by the Branch Clerk-
including its hash value; of-Court at least three (3) days prior to the
3. The manner by which the computer data was aforementioned date.
obtained;
Within twenty-four (24) hours from the
4. Detailed identification of all items seized in
destruction of the computer data, the Branch
relation to the subject computer data,
Clerk-of-Court or the witness duly designated by
including the computer device containing
the court shall issue a sworn certification as to
such data and/or other parts of the computer
the fact of destruction and file the said certificate
system seized, indicating the name, make,
with the same court.
brand, serial numbers, or any other mode of
identification, if available; The storage device, or other items turned over to
5. The names and positions of the law the court's custody, shall be destroyed by
enforcement authorities who had access to shredding, drilling of four holes through the
the computer data from the time of its device, prying the platters apart, or other means
seizure until the termination of the in accordance with international standards that
examination but prior to depositing it with the will sufficiently make it inoperable.
court, and the names of officers who will be
Provisional Remedies in Criminal Cases (Rule
delivering the seized items to the court;
6. The name of the law enforcement officer who
127)
may be allowed access to the deposited data. Availability of provisional remedies
When the said officer dies, resigns of severs Section 1, Rule 127.
tie with the office, his/her successor may,
upon motion, be granted access to the The provisional remedies in civil actions, insofar
deposit; and as they are applicable, may be availed of in
7. A certification that no duplicates or copies of connection with the civil action deemed instituted
the whole or any part thereof have been with the criminal action.
made, or if made, all such duplicates or Attachment
copies are included in the sealed package Section 2, Rule 127.
deposited, except for the copy retained by
law enforcement authorities pursuant to When the civil action is properly instituted in the
paragraph 3 of Section 4.5 of this Rule. criminal action as provided in Rule 111, the
offended party may have the property of the
The return on the warrant shall be filed and kept accused attached as security for the satisfaction
by the custodian of the log book on search of any judgment that may be recovered from the
warrants who shall enter therein the date of the accused in the following cases:
return, the description of the sealed package
deposited, the name of the affiant, and other a. When the accused is about to abscond from
actions of the judge. the Philippines;
b. When the criminal action is based on a claim
Destruction of Computer Data for money or property embezzled or
Destruction of computer data; how made fraudulently misapplied or converted to the
Section 8.3 use of the accused who is a public officer,
officer of a corporation, attorney, factor,
The destruction of computer data and related
broker, agent or clerk, in the course of his
items, if so allowed under Section 8.2 of this Rule,
employment as such, or by any other person
shall be made in the presence of the Branch
in fiduciary capacity, or for a willful violation
Clerk-of-Court, or in his/her absence, in the
of duty;
presence of any other person duly designated by
c. When the accused has concealed, removed,
the court to witness the same. The accused or the
or disposed of his property, or is about to do
person/s from whom such items were seized, or
so; and
his/her representative or counsel, as well as the
d. When the accused resides outside the
law enforcement officer allowed access to such
Philippines.
items as indicated in the inventory, or his/her duly
authorized representative, may also be allowed to
witness the said activity; Provided, that they
appear during the scheduled date of destruction
135
EVIDENCE
General Principles Requisites for Admissibility of Evidence
Concept of Evidence Section 3, Rule 128
Section 1, Rule 128. Evidence is admissible when it is relevant to the
issue and is not excluded by the Constitution, the
Evidence is the means, sanctioned by these rules,
law or these Rules.
of ascertaining in a judicial proceeding the truth
respecting a matter of fact. Exclusions under the Constitution, Laws, and
Rules of Court
Scope of the Rules of Evidence
1987 Constitution, Article III, SECTION 2.
The right of the people to be secure in their
The rules of evidence shall be the same in all persons, houses, papers, and effects against
courts and in all trials and hearings, except as unreasonable searches and seizures of whatever
otherwise provided by law or these rules. nature and for any purpose shall be inviolable,
Note: and no search warrant or warrant of arrest shall
issue except upon probable cause to be
The rules of evidence shall be the same in all
determined personally by the judge after
courts and in all trials and hearings, except in
examination under oath or affirmation of the
proceedings involving:
complainant and the witnesses he may produce,
• Insolvency; and particularly describing the place to be
• Naturalization; searched and the persons or things to be seized.
• Cadastral;
1987 Constitution, Article III, SECTION 3.
• Election; and
• Land Registration. (Sec. 2, Rule 128 in (1) The privacy of communication and
relation to Sec. 4, Rule 1) correspondence shall be inviolable except upon
lawful order of the court, or when public safety or
P.D. No. 946, SECTION 16.
order requires otherwise, as prescribed by law.
The rules of Court shall not be applicable to
(2) Any evidence obtained in violation of this or
agrarian cases, even in a suppletory character.
the preceding section shall be inadmissible for
Distinguish Proof and Evidence any purpose in any proceeding.
Riano, 2016 1987 Constitution, Article III, SECTION 12.
Proof is the effect or result of evidence: “End (1) Any person under investigation for the
result.” commission of an offense shall have the right to
Evidence is the medium of proof: “Means to end.” be informed of his right to remain silent and to
have competent and independent counsel
Distinguish Factum Probans and Factum preferably of his own choice. If the person cannot
Probandum afford the services of counsel, he must be
From “Fundamental Concepts in the Handling of provided with one. These rights cannot be waived
Evidence,” 238 SCRA 626 (Annotation to In Re: except in writing and in the presence of counsel.
Letter to Mrs. Maria Coronel, 238 SCRA 618) (2) No torture, force, violence, threat, intimidation,
Factum probans refers to materials showing the or any other means which vitiate the free will
reality of the proposition to convince the tribunal. shall be used against him. Secret detention
places, solitary, incommunicado, or other similar
Factum probandum is the fact in issue; a forms of detention are prohibited.
proposition as to the correctness of which the
tribunal must be persuaded. (3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be
In other words, the factum probans is presented inadmissible in evidence against him.
to the tribunal, with the aim of establishing the
factum probandum. (4) The law shall provide for penal and civil
sanctions for violations of this section as well as
Admissibility of Evidence compensation to the rehabilitation of victims of
torture or similar practices, and their families.
136
1987 Constitution, Article III, SECTION 17. Republic Act No. 4200 (Anti-Wiretapping Law),
SECTION 1.
No person shall be compelled to be a witness
against himself. It shall be unlawful for any person, not being
authorized by all the parties to any private
NIRC (Tax Code), SECTION 201.
communication or spoken word, to tap any wire
Effect of Failure to Stamp Taxable Document. - An or cable, or by using any other device or
instrument, document or paper which is required arrangement, to secretly overhear, intercept, or
by law to be stamped and which has been signed, record such communication or spoken word by
issued, accepted or transferred without being using a device commonly known as a dictaphone
duly stamped, shall not be recorded, nor shall it or dictagraph or dictaphone or walkie-talkie or
or any copy thereof or any record of transfer of tape recorder, or however otherwise described:
the same be admitted or used in evidence in any
It shall also be unlawful for any person, be he a
court until the requisite stamp or stamps are
participant or not in the act or acts penalized in
affixed thereto and cancelled.
the next preceding sentence, to knowingly
Republic Act No. 1405 (Bank Secrecy Law), possess any tape record, wire record, disc
SECTION 1. record, or any other such record, or copies
It is hereby declared to be the policy of the thereof, of any communication or spoken word
Government to give encouragement to the people secured either before or after the effective date
to deposit their money in banking institutions and of this Act in the manner prohibited by this law; or
to discourage private hoarding so that the same to replay the same for any other person or
may be properly utilized by banks in authorized persons; or to communicate the contents thereof,
loans to assist in the economic development of either verbally or in writing, or to furnish
the country. transcriptions thereof, whether complete or
partial, to any other person: Provided, That the
Republic Act No. 1405 (Bank Secrecy Law), use of such record or any copies thereof as
SECTION 2. evidence in any civil, criminal investigation or trial
All deposits of whatever nature with banks or of offenses mentioned in section 3 hereof, shall
banking institutions in the Philippines including not be covered by this prohibition.
investments in bonds issued by the Government Republic Act No. 4200 (Anti-Wiretapping Law),
of the Philippines, its political subdivisions and its SECTION 2.
instrumentalities, are hereby considered as of an
absolutely confidential nature and may not be Any person who willfully or knowingly does or
examined, inquired or looked into by any person, who shall aid, permit, or cause to be done any of
government official, bureau or office, except upon the acts declared to be unlawful in the preceding
written permission of the depositor, or in cases of section or who violates the provisions of the
impeachment, or upon order of a competent court following section or of any order issued
in cases of bribery or dereliction of duty of public thereunder, or aids, permits, or causes such
officials, or in cases where the money deposited violation shall, upon conviction thereof, be
or invested is the subject matter of the litigation. punished by imprisonment for not less than six
months or more than six years and with the
Republic Act No. 1405 (Bank Secrecy Law), accessory penalty of perpetual absolute
SECTION 3. disqualification from public office if the offender
It shall be unlawful for any official or employee of be a public official at the time of the commission
a banking institution to disclose to any person of the offense, and, if the offender is an alien he
other than those mentioned in Section two hereof shall be subject to deportation proceedings.
any information concerning said deposits. Republic Act No. 4200 (Anti-Wiretapping Law),
Republic Act No. 1405 (Bank Secrecy Law), SECTION 3.
SECTION 5. Nothing contained in this Act, however, shall
Any violation of this law will subject offender render it unlawful or punishable for any peace
upon conviction, to an imprisonment of not more officer, who is authorized by a written order of the
than five years or a fine of not more than twenty Court, to execute any of the acts declared to be
thousand pesos or both, in the discretion of the unlawful in the two preceding sections in cases
court. involving the crimes of treason, espionage,
provoking war and disloyalty in case of war,
piracy, mutiny in the high seas, rebellion,
conspiracy and proposal to commit rebellion,
inciting to rebellion, sedition, conspiracy to
commit sedition, inciting to sedition, kidnapping
137
as defined by the Revised Penal Code, and deposited shall not be opened, or the recordings
violations of Commonwealth Act No. 616, replayed, or used in evidence, or their contents
punishing espionage and other offenses against revealed, except upon order of the court, which
national security: Provided, That such written shall not be granted except upon motion, with due
order shall only be issued or granted upon written notice and opportunity to be heard to the person
application and the examination under oath or or persons whose conversation or
affirmation of the applicant and the witnesses he communications have been recorded.
may produce and a showing: (1) that there are
The court referred to in this section shall be
reasonable grounds to believe that any of the
understood to mean the Court of First Instance
crimes enumerated hereinabove has been
within whose territorial jurisdiction the acts for
committed or is being committed or is about to be
which authority is applied for are to be executed.
committed: Provided, however, That in cases
involving the offenses of rebellion, conspiracy Republic Act No. 4200 (Anti-Wiretapping Law),
and proposal to commit rebellion, inciting to SECTION 4.
rebellion, sedition, conspiracy to commit sedition, Any communication or spoken word, or the
and inciting to sedition, such authority shall be existence, contents, substance, purport, effect, or
granted only upon prior proof that a rebellion or meaning of the same or any part thereof, or any
acts of sedition, as the case may be, have actually information therein contained obtained or
been or are being committed; (2) that there are secured by any person in violation of the
reasonable grounds to believe that evidence will preceding sections of this Act shall not be
be obtained essential to the conviction of any admissible in evidence in any judicial, quasi-
person for, or to the solution of, or to the judicial, legislative or administrative hearing or
prevention of, any of such crimes; and (3) that investigation.
there are no other means readily available for
obtaining such evidence. Section 3, Rule 130.
The order granted or issued shall specify: (1) the When the subject of inquiry is the contents of a
identity of the person or persons whose document, writing, recording, photograph or
communications, conversations, discussions, or other record, no evidence is admissible other
spoken words are to be overheard, intercepted, than the original document itself (*Note: This is
or recorded and, in the case of telegraphic or the general rule; refer to the exceptions under
telephonic communications, the telegraph line or “Documentary Evidence”).
the telephone number involved and its location; Section 28, Rule 130.
(2) the identity of the peace officer authorized to
overhear, intercept, or record the In civil cases, an offer of compromise is not an
communications, conversations, discussions, or admission of any liability, and is not admissible in
spoken words; (3) the offense or offenses evidence against the offeror. Neither is evidence
committed or sought to be prevented; and (4) the of conduct nor statements made in compromise
period of the authorization. The authorization negotiations admissible, except evidence
shall be effective for the period specified in the otherwise discoverable or offered for another
order which shall not exceed sixty (60) days from purpose, such as proving bias or prejudice of a
the date of issuance of the order, unless extended witness, negativing a contention of undue delay,
or renewed by the court upon being satisfied that or proving an effort to obstruct a criminal
such extension or renewal is in the public investigation or prosecution.
interest. In criminal cases, except those involving quasi-
All recordings made under court authorization offenses (criminal negligence) or those allowed
shall, within forty-eight hours after the expiration by law to be compromised, an offer of
of the period fixed in the order, be deposited with compromise by the accused may be received in
the court in a sealed envelope or sealed package, evidence as an implied admission of guilt.
and shall be accompanied by an affidavit of the A plea of guilty later withdrawn or an unaccepted
peace officer granted such authority stating the offer of a plea of guilty to a lesser offense is not
number of recordings made, the dates and times admissible in evidence against the accused who
covered by each recording, the number of tapes, made the plea or offer. Neither is any statement
discs, or records included in the deposit, and made in the course of plea bargaining with the
certifying that no duplicates or copies of the prosecution, which does not result in a plea of
whole or any part thereof have been made, or if guilty or which results in a plea of guilty later
made, that all such duplicates or copies are withdrawn, admissible.
included in the envelope or package deposited
with the court. The envelope or package so An offer to pay, or the payment of medical,
hospital or other expenses occasioned by an
138
injury, is not admissible in evidence as proof of Conditional Admissibility
civil or criminal liability for the injury. Riano, 2016
Section 29, Rule 130. Conditional Admissibility means that an evidence,
Admission by third party. — The rights of a party which is not apparently relevant, may be
cannot be prejudiced by an act, declaration, or conditionally admitted in the meantime, subject to
omission of another (*Note: This is the general the condition that the proponent shall establish
rule; refer to the exceptions under “Testimonial its relevancy and competency at a later time.
Evidence”). Curative Admissibility
Section 35, Rule 130. Riano, 2016
Evidence that one did or did not do a certain thing Curative Admissibility means that a party is
at one time is not admissible to prove that he or allowed to introduce otherwise inadmissible
she did or did not do the same or similar thing at evidence to answer the opposing party’s previous
another time; but it may be received to prove a introduction of inadmissible evidence.
specific intent or knowledge; identity, plan, Direct and Circumstantial Evidence
system, scheme, habit, custom or usage, and the
Riano, 2016
like.
Direct Evidence is that evidence which proves a
fact without need to make an inference from
The opinion of a witness is not admissible (*Note: another fact.
This is the general rule; refer to the exceptions
Circumstantial Evidence is that evidence which
under “Testimonial Evidence”).
indirectly proves a fact in issue through an
Section 54, Rule 130. inference which the fact finder draws from the
Evidence of a person’s character or a trait of established evidence.
character is not admissible for the purpose of Positive and Negative Evidence
proving action in conformity therewith on a Riano, 2016
particular occasion (*Note: This is the general
rule; refer to the exceptions under “Testimonial Positive Evidence is that evidence which is
Evidence”). affirmed by a witness in the stand that a certain
state of facts does exist or that a certain event
Section 32, Rule 132. happened.
The party producing a document as genuine which Negative Evidence is that evidence that a witness
has been altered and appears to have been in the stand states that a certain state of facts
altered after its execution, in a part material to the does not exist or that a certain event did not
question in dispute, must account for the happen.
alteration. He or she may show that the alteration
was made by another, without his or her Competent and Credible Evidence
concurrence, or was made with the consent of the Riano, 2016
parties affected by it, or was otherwise properly Competent Evidence is that evidence which is
or innocent made, or that the alteration did not eligible and not excluded by the rules or law.
change the meaning or language of the
instrument. If he or she fails to do that, the Credible Evidence is that evidence which tends to
document shall not be admissible in evidence. prove its believability.
Relevance of Evidence and Collateral Matters Burden of Proof and Burden of Evidence
Section 4, Rule 128. Section 1, Rule 131.
Evidence must have such a relation to the fact in Burden of proof is the duty of a party to present
issue as to induce belief in its existence or non- evidence on facts in issue necessary to establish
existence. Evidence on collateral matters shall his or her claim or defense by the amount of
not be allowed, except when it tends in any evidence required by law. Burden of proof never
reasonable degree to establish the probability or shifts.
improbability of the fact in issue.
Burden of evidence is the duty of a party to
Multiple Admissibility present evidence sufficient to establish or rebut a
Riano, 2016 fact in issue to establish a prima facie case.
Burden of evidence may shift from one party to
Multiple Admissibility means that a proffered the other in the course of the proceedings,
evidence is admissible for two or more purposes, depending on the exigencies of the case.
depending on the circumstances of the case.
139
Presumptions (n) That a court, or judge acting as such, whether
Conclusive Presumptions in the Philippines or elsewhere, was acting in the
lawful exercise of jurisdiction;
(o) That all the matters within an issue raised in a
The following are instances of conclusive
case were laid before the court and passed upon
presumptions:
by it; and in like manner that all matters within an
(a) Whenever a party has, by his or her own issue raised in a dispute submitted for arbitration
declaration, act, or omission, intentionally and were laid before the arbitrators and passed upon
deliberately led to another to believe a particular by them;
thing true, and to act upon such belief, he cannot,
(p) That private transactions have been fair and
in any litigation arising out of such declaration, act
regular;
or omission, be permitted to falsify it; and
(q) That the ordinary course of business has been
(b) The tenant is not permitted to deny the title of
followed;
his or her landlord at the time of commencement
of the relation of landlord and tenant between (r) That there was a sufficient consideration for a
them. contract;
Disputable Presumptions (s) That a negotiable instrument was given or
Section 3, Rule 131. indorsed for a sufficient consideration;
The following presumptions are satisfactory if (t) That an endorsement of negotiable instrument
uncontradicted, but may be contradicted and was made before the instrument was overdue
overcome by other evidence: and at the place where the instrument is dated;
(a) That a person is innocent of crime or wrong; (u) That a writing is truly dated;
(b) That an unlawful act was done with an (v) That a letter duly directed and mailed was
unlawful intent; received in the regular course of the mail;
(c) That a person intends the ordinary (w) That after an absence of seven years, it being
consequences of his or her voluntary act; unknown whether or not the absentee still lives,
he or she is considered dead for all purposes,
(d) That a person takes ordinary care of his or her except for those of succession.
concerns;
The absentee shall not be considered dead for the
(e) That evidence willfully suppressed would be purpose of opening his or her succession until
adverse if produced; after an absence of ten years. If he or she
(f) That money paid by one to another was due to disappeared after the age of seventy-five years,
the latter; an absence of five years shall be sufficient in
order that his or her succession may be opened.
(g) That a thing delivered by one to another
belonged to the latter; The following shall be considered dead for all
purposes including the division of the estate
(h) That an obligation delivered up to the debtor among the heirs:
has been paid;
(1) A person on board a vessel lost during a
(i) That prior rents or installments had been paid sea voyage, or an aircraft with is
when a receipt for the later one is produced; missing, who has not been heard of for
(j) That a person found in possession of a thing four years since the loss of the vessel or
taken in the doing of a recent wrongful act is the aircraft;
taker and the doer of the whole act; otherwise, (2) A member of the armed forces who has
that things which a person possess, or exercises taken part in armed hostilities, and has
acts of ownership over, are owned by him or her; been missing for four years;
(3) A person who has been in danger of
(k) That a person in possession of an order on
death under other circumstances and
himself or herself for the payment of the money,
whose existence has not been known for
or the delivery of anything, has paid the money or
four years;
delivered the thing accordingly;
(4) If a married person has been absent for
(l) That a person acting in a public office was four consecutive years, the spouse
regularly appointed or elected to it; present may contract a subsequent
marriage if he or she has well-founded
(m) That official duty has been regularly
belief that the absent spouse is already
performed;
death. In case of disappearance, where
140
there is a danger of death the (ee) That a thing once proved to exist continues
circumstances hereinabove provided, an as long as is usual with things of the nature;
absence of only two years shall be
(ff) That the law has been obeyed;
sufficient for the purpose of contracting
a subsequent marriage. However, in any (gg) That a printed or published book, purporting
case, before marrying again, the spouse to be printed or published by public authority, was
present must institute a summary so printed or published;
proceedings as provided in the Family (hh) That a printed or published book, purporting
Code and in the rules for declaration of contain reports of cases adjudged in tribunals of
presumptive death of the absentee, the country where the book is published, contains
without prejudice to the effect of correct reports of such cases;
reappearance of the absent spouse.
(ii) That a trustee or other person whose duty it
(x) That acquiescence resulted from a belief that was to convey real property to a particular person
the thing acquiesced in was conformable to the has actually conveyed it to him or her when such
law or fact; presumption is necessary to perfect the title of
(y) That things have happened according to the such person or his or her successor in interest;
ordinary course of nature and ordinary nature (jj) That except for purposes of succession, when
habits of life; two persons perish in the same calamity, such as
(z) That persons acting as copartners have wreck, battle, or conflagration, and it is not shown
entered into a contract of co-partneship; who died first, and there are no particular
circumstances from which it can be inferred, the
(aa) That a man and woman deporting themselves
survivorship is determined from the probabilities
as husband and wife have entered into a lawful
resulting from the strength and the age of the
contract of marriage;
sexes, according to the following rules:
(bb) That property acquired by a man and a
(1) If both were under the age of fifteen
woman who are capacitated to marry each other
years, the older is deemed to have
and who live exclusively with each other as
survived;
husband and wife without the benefit of marriage
(2) If both were above the age sixty, the
or under void marriage, has been obtained by
younger is deemed to have survived;
their joint efforts, work or industry.
(3) If one is under fifteen and the other
(cc) That in cases of cohabitation by a man and a above sixty, the former is deemed to
woman who are not capacitated to marry each have survived;
other and who have acquire properly through (4) If both be over fifteen and under sixty,
their actual joint contribution of money, property and the sex be different, the male is
or industry, such contributions and their deemed to have survived, if the sex be
corresponding shares including joint deposits of the same, the older; and
money and evidences of credit are equal. (5) If one be under fifteen or over sixty, and
the other between those ages, the latter
(dd) That if the marriage is terminated and the
is deemed to have survived;
mother contracted another marriage within three
hundred days after such termination of the (kk) That if there is a doubt, as between two or
former marriage, these rules shall govern in the more persons who are called to succeed each
absence of proof to the contrary: other, as to which of them died first, whoever
alleges the death of one prior to the other, shall
(1) A child born before one hundred eighty
prove the same; in the absence of proof, they shall
days after the solemnization of the
be considered to have died at the same time.
subsequent marriage is considered to
have been conceived during such Presumptions in Civil Actions and Proceedings
marriage, even though it be born within Section 5, Rule 131.
the three hundred days after the
termination of the former marriage; and In all civil actions and proceedings not otherwise
(2) A child born after one hundred eighty provided for by the law or these Rules, a
days following the celebration of the presumption imposes on the party against whom
subsequent marriage is considered to it is directed the burden of going forward with
have been conceived during such evidence to rebut or meet the presumption.
marriage, even though it be born within If presumptions are inconsistent, the
the three hundred days after the presumption that is founded upon weightier
termination of the former marriage; considerations of policy shall apply. If
141
considerations of policy are of equal weight, proof which produces conviction in an
neither presumption applies. unprejudiced mind.
Presumption Against an Accused in Criminal Rule 133, SECTION 6.
Cases
In cases filed before administrative or quasi-
Section 6, Rule 131. judicial bodies, a fact may be deemed established
If a presumed fact that establishes guilt is an if it is supported by substantial evidence, or that
element of the offense charged, or negates a amount of relevant evidence which a reasonable
defense, the existence of the basic fact must be mind might accept as adequate to justify a
proved beyond reasonable doubt and the conclusion.
presumed fact follows from the basic fact beyond Judicial Notice and Judicial Admissions
reasonable doubt.
What Need Not be Proved
Construction of the Rules of Evidence
Riano, 2016
Republic v. Gimenez, G.R. No. 174673 (2016)
Evidence is no longer required in the following
“Although trial courts are enjoined to observe instances:
strict enforcement of the rules of evidence, in
connection with evidence which may appear to be • Law presumes the truth or fact;
of doubtful relevancy, incompetency, or • Agreement of the parties;
admissibility, [it was] held that: • Rule presumes truth of a fact;
• When the pleadings in a civil case do not
‘It is the safest policy to be liberal, not rejecting
tender an issue of fact; and
them on doubtful or technical grounds, but
• Judicial notice or admission.
admitting them unless plainly irrelevant,
immaterial or incompetent, for the reason that Matters of Judicial Notice
their rejection places them beyond the Mandatory
consideration of the court, if they are thereafter Section 1, Rule 129.
found relevant or competent; on the other hand,
their admission, if they turn out later to be A court shall take judicial notice, without the
irrelevant or incompetent, can easily be remedied introduction of evidence, of the existence and
by completely discarding them or ignoring them.’” territorial extent of states, their political history,
forms of government and symbols of nationality,
Quantum of Evidence the law of nations, the admiralty and maritime
Section 1, Rule 133 courts of the world and their seals, the political
In civil cases, the party having the burden of proof constitution and history of the Philippines, official
must establish his or her case by a acts of the legislative, executive and judicial
preponderance of evidence. In determining where departments of the National Government of the
the preponderance or superior weight of evidence Philippines, the laws of nature, the measure of
on the issues involved lies, the court may time, and the geographical divisions.
consider all the facts and circumstances of the Discretionary
case, the witnesses' manner of testifying, their Section 2, Rule 129.
intelligence, their means and opportunity of
knowing the facts to which there are testifying, A court may take judicial notice of matters which
the nature of the facts to which they testify, the are of public knowledge, or are capable of
probability or improbability of their testimony, unquestionable demonstration, or ought to be
their interest or want of interest, and also their known to judges because of their judicial
personal credibility so far as the same may functions.
legitimately appear upon the trial. The court may Judicial Admissions
also consider the number of witnesses, though
the preponderance is not necessarily with the
greater number. An admission, oral or written, made by the party
in the course of the proceedings in the same case,
does not require proof.
In a criminal case, the accused is entitled to an
Effect of Judicial Admissions
acquittal, unless his or her guilt is shown beyond
reasonable doubt. Proof beyond reasonable doubt De Garcia v. CA, G.R. No. L-20264 (1971)
does not mean such a degree of proof, excluding Judicial admissions are legally binding on the
possibility of error, produces absolute certainly. party making the admissions.
Moral certainly only is required, or that degree of
142
How Judicial Admissions May be Contradicted Those that are made readily identifiable
Section 4, Rule 129. 3. Non-Unique Objects
The admission may be contradicted only by Those with no identifying marks
showing that it was made through palpable
mistake or that the imputed admission was not, in Demonstrative Evidence
fact, made. Those which represent the actual or physical
Pre-Trial Admissions object (or event in the case of pictures or videos)
being offered to support or draw an inference or
to aid in comprehending the verbal testimony of a
During the pre-trial and the trial, the court, motu witness.
proprio, or upon motion, shall hear the parties on
the propriety of taking judicial notice of any Chain of custody in relation to Section 21 of
matter. the Comprehensive Dangerous Drugs Act of
2002
Before judgment or on appeal, the court, motu
proprio or upon motion, may take judicial notice Republic Act No. 9165, SECTION 21.
of any matter and shall hear the parties thereon The PDEA shall take charge and have custody of
if such matter is decisive of a material issue in the all dangerous drugs, plant sources of dangerous
case. drugs, controlled precursors and essential
Supreme Court Circular 38-98, SECTION 4. chemicals, as well as instruments/paraphernalia
and/or laboratory equipment so confiscated,
Pre-Trial Agreement. - All agreements or seized and/or surrendered, for proper disposition
admissions made or entered into during the pre- in the following manner
trial conference shall be reduced to writing and
signed by the accused and counsel, otherwise the (1) The apprehending team having initial custody
same shall not be used against the accused. The and control of the drugs shall, immediately after
agreements in relation to matters referred to in seizure and confiscation, physically inventory and
Section 3 hereof are subject to the approval of the photograph the same in the presence of the
court: Provided, That the agreement on the plea accused or the person/s from whom such items
of the accused should be to a lesser offense were confiscated and/or seized, or his/her
necessarily included in the offense charged. representative or counsel, a representative from
the media and the Department of Justice (DOJ),
Object (Real Evidence) and any elected public official who shall be
required to sign the copies of the inventory and be
Nature of Object Evidence
given a copy thereof
Section 1, Rule 130
(2) Within twenty-four (24) hours upon
Objects as evidence are those addressed to the confiscation/seizure of dangerous drugs, plant
senses of the court. When an object is relevant to sources of dangerous drugs, controlled
the fact in issue, it may be exhibited to, examined precursors and essential chemicals, as well as
or viewed by the court. instruments/paraphernalia and/or laboratory
Requisites of Admissibility equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and
quantitative examination
Evidence is admissible when it is relevant to the
(3) A certification of the forensic laboratory
issue and not excluded by the Constitution, the
examination results, which shall be done under
law or these Rules.
oath by the forensic laboratory examiner, shall be
Categories of Object Evidence issued within twenty-four (24) hours after the
People v. Namuag G.R. No. 233209 (2019) receipt of the subject item/s: Provided, That when
the volume of the dangerous drugs, plant sources
Actual physical or "Autoptic” Evidence
of dangerous drugs, and controlled precursors
Those which have a direct relation or part in the and essential chemicals does not allow the
fact or incident sought to be proven and those completion of testing within the time frame, a
brought to the court for personal examination by partial laboratory examination report shall be
the presiding magistrate provisionally issued stating therein the quantities
1. Unique Objects of dangerous drugs still to be examined by the
forensic laboratory: Provided, however, That a
Those that have readily identifiable marks final certification shall be issued on the
2. Objects Made Unique completed forensic laboratory examination on the
same within the next twenty-four (24) hours
143
(4) After the filing of the criminal case, the Court destroyed, in the presence of representatives of
shall, within seventy-two (72) hours, conduct an the Court, DOJ, Department of Health (DOH) and
ocular inspection of the confiscated, seized the accused/and or his/her counsel, and, b)
and/or surrendered dangerous drugs, plant Pending the organization of the PDEA, the
sources of dangerous drugs, and controlled custody, disposition, and burning or destruction of
precursors and essential chemicals, including the seized/surrendered dangerous drugs provided
instruments/paraphernalia and/or laboratory under this Section shall be implemented by the
equipment, and through the PDEA shall within DOH.
twenty-four (24) hours thereafter proceed with
the destruction or burning of the same, in the
DNA Evidence
presence of the accused or the person/s from Meaning of DNA
whom such items were confiscated and/or A.M. No. 06-11-5-SC, SECTION 3.
seized, or his/her representative or counsel, a “DNA” means deoxyribonucleic acid, which is the
representative from the media and the DOJ, civil chain of molecules found in every nucleated cell
society groups and any elected public official. The of the body. The totality of an individual’s DNA is
Board shall draw up the guidelines on the manner unique for the individual, except identical twins
of proper disposition and destruction of such
item/s which shall be borne by the Application for DNA Testing Order
offender: Provided, That those item/s of lawful A.M. No. 06-11-5-SC, SECTION 4.
commerce, as determined by the Board, shall be
The appropriate court may, at any time, either
donated, used or recycled for legitimate
motu proprio or on application of any person who
purposes: Provided, further, That a
has a legal interest in the matter in litigation,
representative sample, duly weighed and
order a DNA testing. Such order shall issue after
recorded is retained;
due hearing and notice to the parties upon a
(5) The Board shall then issue a sworn showing of the following:
certification as to the fact of destruction or
A biological sample exists that is relevant to the
burning of the subject item/s which, together with
case;
the representative sample/s in the custody of the
PDEA, shall be submitted to the court having The biological sample: (i) was not previously
jurisdiction over the case. In all instances, the subjected to the type of DNA testing now
representative sample/s shall be kept to a requested; or (ii) was previously subjected to DNA
minimum quantity as determined by the Board; testing, but the results may require confirmation
for good reasons;
(6) The alleged offender or his/her representative
or counsel shall be allowed to personally observe The DNA testing uses a scientifically valid
all of the above proceedings and his/her presence technique;
shall not constitute an admission of guilt. In case
The DNA testing has the scientific potential to
the said offender or accused refuses or fails to
produce new information that is relevant to the
appoint a representative after due notice in
proper resolution of the case; and
writing to the accused or his/her counsel within
seventy-two (72) hours before the actual burning The existence of other factors, if any, which the
or destruction of the evidence in question, the court may consider as potentially affecting the
Secretary of Justice shall appoint a member of accuracy of integrity of the DNA testing.
the public attorney's office to represent the This Rule shall not preclude a DNA testing,
former; without need of a prior court order, at the behest
(7) After the promulgation and judgment in the of any party, including law enforcement agencies,
criminal case wherein the representative before a suit or proceeding is commenced.
sample/s was presented as evidence in court, the Post-conviction DNA Testing; Remedy
trial prosecutor shall inform the Board of the final
termination of the case and, in turn, shall request
the court for leave to turn over the said Post-conviction DNA testing may be available,
representative sample/s to the PDEA for proper without need of prior court order, to the
disposition and destruction within twenty-four prosecution or any person convicted by final and
(24) hours from receipt of the same; and executory judgment provided that (a) a biological
sample exists, (b) such sample is relevant to the
(8) Transitory Provision: a) Within twenty-four
case, and (c) the testing would probably result in
(24) hours from the effectivity of this Act,
the reversal or modification of the judgment of
dangerous drugs defined herein which are
conviction.
presently in possession of law enforcement
agencies shall, with leave of court, be burned or
144
A.M. No. 06-11-5-SC, SECTION 10. The subjection to peer review and publication of
the principles or methods;
Remedy if the Results Are Favorable to the
Convict. – The convict or the prosecution may file The general acceptance of the principles or
a petition for a writ of habeas corpus in the court methods by the relevant scientific community;
of origin if the results of the post-conviction DNA
The existence and maintenance of standards and
testing are favorable to the convict. In the case
controls to ensure the correctness of data
the court, after due hearing finds the petition to be
generated;
meritorious, if shall reverse or modify the
judgment of conviction and order the release of The existence of an appropriate reference
the convict, unless continued detention is justified population database; and
for a lawful cause. The general degree of confidence attributed to
A similar petition may be filed either in the Court mathematical calculations used in comparing
of Appeals or the Supreme Court, or with any DNA profiles and the significance and limitation of
member of said courts, which may conduct a statistical calculations used in comparing DNA
hearing thereon or remand the petition to the profiles.
court of origin and issue the appropriate orders.
Documentary Evidence
Assessment of Probative Value of DNA evidence
and Admissibility
Meaning of documentary evidence
A.M. No. 06-11-5-SC, SECTION 7. Section 2, Rule 130.
In assessing the probative value of the DNA Documents as evidence consist of writings,
evidence presented, the court shall consider the recordings, photographs, or any material
following: containing letters, words, sounds, numbers,
figures, symbols, or their equivalent, or other
The chain of custody, including how the biological modes of written expression offered as proof of
samples were collected, how they were handled, their contents. Photographs include still pictures,
and the possibility of contamination of the drawings, stored images, x-ray films, motion
samples; pictures or videos.
The DNA testing methodology, including the Requisites for admissibility
procedure followed in analyzing the samples, the
advantages and disadvantages of the procedure,
and compliance with the scientifically valid Evidence is admissible when it is relevant to the
standards in conducting the tests; issue and is not excluded by the law of these rule.
The forensic DNA laboratory, including Original Document Rule
accreditation by any reputable standards-setting Meaning of the Rule
institution and the qualification of the analyst who Section 3, Rule 128.
conducted the tests. If the laboratory is not
accredited, the relevant experience of the When the subject of inquiry is the contents of a
laboratory in forensic casework and credibility document, writing, recording, photograph or
shall be properly established; and other record, no evidence is admissible other
than the original document itself.
The reliability of the testing result, as hereinafter
provided. When Not Applicable
The provisions of the Rules of Court concerning
the appreciation of evidence shall apply (a) When the original has been lost or destroyed,
suppletorily. or cannot be produced in court, without bad faith
on the part of the offeror;
Rules on Evaluation of Reliability of the DNA
Testing Methodology (b) When the original is in the custody or under
A.M. No. 06-11-5-SC, SECTION 8. the control of the party against whom the
evidence is offered, and the latter fails to produce
In evaluating whether the DNA testing it after reasonable notice;
methodology is reliable, the court shall consider
the following: (c) When the original consists of numerous
accounts or other documents which cannot be
The falsifiability of the principles or methods examined in court without great loss of time and
used, that is, whether the theory or technique can the fact sought to be established from them is
be and has been tested; only the general result of the whole; and
145
(d) When the original is a public record in the Meaning of Electronic Evidence; Electronic Data
custody of a public officer or is recorded in a Message
public office. A.M. No. 01-7-01-SC, SECTION 1.
Meaning of Original Document and Duplicate (g) "Electronic data message" refers to
Section 4, Rule 130. information generated, sent, received or stored
by electronic, optical or similar means
(a) An “original” of a document is the document
itself or any counterpart intended to have the (h) "Electronic document" refers to information or
same effect by a person executing or issuing it. the representation of information, data, figures,
An “original” of a photograph includes the symbols or other modes of written expression,
negative or any print therefrom. If data is stored described or however represented, by which a
in a computer or similar device, any printout or right is established or an obligation extinguished,
other output readable by sight or other means, or by which a fact may be proved and affirmed,
shown to reflect the data accurately, is an which is received, recorded, transmitted, stored,
“original.” processed, retrieved or produced electronically.
It includes digitally signed documents and any
(b) A “duplicate” is a counterpart produced by the
print-out or output, readable by sight or other
same impression as the original, or from the
means, which accurately reflects the electronic
same matrix, or by means of photography,
data message or electronic document. For
including enlargements and miniatures, or by
purposes of these Rules, the term "electronic
mechanical or electronic re-recording, or by
document" may be used interchangeably with
chemical reproduction, or by other equivalent
"electronic data message"
techniques which accurately reproduce the
original. Probative Value of Electronic Documents or
Evidentiary Weight; Method of proof
Secondary Evidence; Summaries
A.M. No. 01-7-01-SC, Rule 7, SECTION 1.
In assessing the evidentiary weight of an
When the original document has been lost or
electronic document, the following factors may be
destroyed, or cannot be produced in court, the
considered:
offeror, upon proof of its execution or existence
and the cause of its unavailability without bad (a) The reliability of the manner or method in
faith on his or her part, may prove its contents by which it was generated, stored or communicated,
a copy, or by recital of its contents in some including but not limited to input and output
authentic document, or by the testimony of procedures, controls, tests and checks for
witnesses in the order stated. accuracy and reliability of the electronic data
message or document, in the light of all the
circumstances as well as any relevant
If the document is in the custody or under the agreement;
control of the adverse party, he or she must have
(b) The reliability of the manner in which its
reasonable notice to produce it. If after such
originator was identified;
notice and after satisfactory proof of its
existence, he or she fails to produce the (c) The integrity of the information and
document, secondary evidence may be presented communication system in which it is recorded or
as in the case of its loss. stored, including but not limited to the hardware
and computer programs or software used as well
as programming errors;
When the contents of documents, records,
(d) The familiarity of the witness or the person
photographs, or numerous accounts are
who made the entry with the communication and
voluminous and cannot be examined in court
information system;
without great loss of time, and the fact sought to
be established is only the general result of the (e) The nature and quality of the information
whole, the contents of such evidence may be which went into the communication and
presented in the form of a chart, summary, or information system upon which the electronic
calculation. data message or electronic document was based;
or
The originals shall be available for examination or
copying, or both, by the adverse party at a (f) Other factors which the court may consider as
reasonable time and place. The court may order affecting the accuracy or integrity of the
that they be produced in court. electronic document or electronic data message.
Electronic Evidence
146
A.M. No. 01-7-01-SC, Rule 9, SECTION 1. lost solely on the ground that it is in the form of
an electronic document.
All matters relating to the admissibility and
evidentiary weight of an electronic document may A.M. No. 01-7-01-SC Rule 8, SECTION 1.
be established by an affidavit stating facts of
A memorandum, report, record or data
direct personal knowledge of the affiant or based
compilation of acts, events, conditions, opinions,
on authentic records. The affidavit must
or diagnoses, made by electronic, optical or other
affirmatively show the competence of the affiant
similar means at or near the time of or from
to testify on the matters contained therein.
transmission or supply of information by a person
Authentication of Electronic Documents And with knowledge thereof, and kept in the regular
Electronic Signatures course or conduct of a business activity, and such
A.M. No. 01-7-01-SC Rule 5, SECTION 2. was the regular practice to make the
memorandum, report, record, or data compilation
Before any private electronic document offered by electronic, optical or similar means, all of
as authentic is received in evidence, its which are shown by the testimony of the
authenticity must be proved by any of the custodian or other qualified witnesses, is
following means: excepted from the rule on hearsay evidence.
(a) by evidence that it had been digitally signed by A.M. No. 01-7-01-SC Rule 8, SECTION 2.
the person purported to have signed the same;
Overcoming the presumption. – The presumption
(b) by evidence that other appropriate security provided for in Section 1 of this Rule may be
procedures or devices as may be authorized by overcome by evidence of the untrustworthiness
the Supreme Court or by law for authentication of of the source of information or the method or
electronic documents were applied to the circumstances of the preparation, transmission
document; or or storage thereof.
(c) by other evidence showing its integrity and Audio, Photographic, Video and Ephermeral
reliability to the satisfaction of the judge. Evidence
A.M. No. 01-7-01-SC, Rule 6, SECTION 2. A.M. No. 01-7-01-SC Rule 11, SECTION 1.
An electronic signature may be authenticated in Audio, photographic and video evidence of events,
any of the following manner: acts or transactions shall be admissible provided
(a) By evidence that a method or process was it shall be shown, presented or displayed to the
utilized to establish a digital signature and verify court and shall be identified, explained or
the same; authenticated by the person who made the
recording or by some other person competent to
(b) By any other means provided by law; or testify on the accuracy thereof.
(c) By any other means satisfactory to the judge A.M. No. 01-7-01-SC Rule 11, SECTION 2.
as establishing the genuineness of the electronic
signature. Ephemeral electronic communications shall be
proven by the testimony of a person who was a
Electronic Documents and The Hearsay Rule party to the same or has personal knowledge
A.M. No. 01-7-01-SC Rule 3, SECTION 1. thereof. In the absence or unavailability of such
witnesses, other competent evidence may be
Whenever a rule of evidence refers to the term
admitted.
writing, document, record, instrument,
memorandum or any other form of writing, such A recording of the telephone conversation or
term shall be deemed to include an electronic ephemeral electronic communication shall be
document as defined in these Rules. covered by the immediately preceding section.
A.M. No. 01-7-01-SC Rule 3, SECTION 2. If the foregoing communications are recorded or
embodied in an electronic document, then the
Admissibility. – An electronic document is
provisions of Rule 5 shall apply.
admissible in evidence if it complies with the
rules on admissibility prescribed by the Rules of Parol Evidence Rule
Court and related laws and is authenticated in the Application of the Parol Evidence Rule
manner prescribed by these Rules.
Rule 130 SECTION. 10.
A.M. No. 01-7-01-SC, Rule 3, SECTION 3.
When the terms of an agreement have been
Privileged communication. – The confidential reduced to writing, it is considered as containing
character of a privileged communication is not all the terms agreed upon and there can be, as
between the parties and their successors in
147
interest, no evidence of such terms other than the Documents acknowledged before a notary public
contents of the written agreement. except last wills and testaments;
When Parol Evidence Can Be Introduced Documents that are considered public documents
Rule 130 SECTION. 10. under treaties and conventions which are in force
between the Philippines and the country of
However, a party may present evidence to modify, source; and
explain or add to the terms of written agreement
if he puts in issue in his pleading: Public records, kept in the Philippines, of private
documents required by law to be entered therein.
(a) An intrinsic ambiguity, mistake or imperfection
in the written agreement; All other writings are private.
(b) The failure of the written agreement to When A Private Writing Requires Authentication;
express the true intent and agreement of the Proof Of A Private Writing
parties thereto; Rule 132, SECTION 20.
(c) The validity of the written agreement; or Before any private document offered as authentic
is received in evidence, its due execution and
(d) The existence of other terms agreed to by the
authenticity must be proved by any of the
parties or their successors in interest after the
following means:
execution of the written agreement.
(a) By anyone who saw the document executed or
The term "agreement" includes wills.
written; or
Distinguish Original Document Rule and Parol
(b) By evidence of the genuineness of the
Evidence Rule
signature or handwriting of the maker.
Marquez v. Espejo, G.R. No. 168387, August 25,
2010 (c) By other evidence showing its due execution
and authenticity
The Best Evidence Rule states that when the
subject of inquiry is the contents of a document, Any other private document need only be
the best evidence is the original document itself identified as that which it is claimed to be
and no other evidence (such as a reproduction, When Evidence of Authenticity of A Private
photocopy or oral evidence) is admissible as a Writing Is Not Required
general rule. The original is preferred because it
reduces the chance of undetected tampering with
the document. Where a private document is more than thirty
years old, is produced from the custody in which
The Parol Evidence Rule excludes parol or
it would naturally be found if genuine, and is
extrinsic evidence by which a party seeks to
unblemished by any alterations or circumstances
contradict, vary, add to or subtract from the terms
of suspicion, no other evidence of its authenticity
of a valid agreement or instrument.
need be given.
Authentication and proof of documents Salas v. Sta. Mesa Market Corp., G.R. No. 157766
Meaning of authentication (2007)
Republic v. Gimenez, G.R. No. 174673 (2016)
Authentication is not necessary where the
During authentication in court, a witness adverse party has admitted the genuineness and
positively testifies that a document presented as due execution of a document.
evidence is genuine and has been duly executed
Genuineness of Handwriting
or that the document is neither spurious nor
counterfeit nor executed by mistake or under Rule 132, SECTION 22.
duress. The handwriting of a person may be proved by any
Classes of Documents witness who believes it to be the handwriting of
such person because he or she has seen the
person write, or has seen writing purporting to be
For the purpose of their presentation in evidence, his or hers upon which the witness has acted or
documents are either public or private. been charged, and has thus acquired knowledge
of the handwriting of such person. Evidence
Public documents are:
respecting the handwriting may also be given by
The written official acts, or records of the a comparison, made by the witness or the court,
sovereign authority, official bodies and tribunals, with writings admitted or treated as genuine by
and public officers, whether of the Philippines, or the party against whom the evidence is offered, or
of a foreign country;
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proved to be genuine to the satisfaction of the attestation must state, in substance, that the copy
judge is a correct copy of the original, or a specific part
thereof, as the case may be. The attestation must
Public documents as Evidence; Proof of Official
be under the official seal of the attesting officer, if
Record
there be any, or if he or she be the clerk of a court
Rule 132, SECTION 23. having a seal, under the seal of such court.
Documents consisting of entries in public records Public Record of A Public Document
made in the performance of a duty by a public
officer are prima facie evidence of the facts
therein stated. All other public documents are Any public record, an official copy of which is
evidence, even against a third person, of the fact admissible in evidence, must not be removed
which gave rise to their execution and of the date from the office in which it is kept, except upon
of the latter. order of a court where the inspection of the
record is essential to the just determination of a
pending case.
The record of public documents referred to in
Proof Of Lack Of Record
paragraph (a) of Section 19, when admissible for
any purpose, may be evidenced by an official Rule 132, SECTION 28.
publication thereof or by a copy attested by the A written statement signed by an officer having
officer having the legal custody of the record, or the custody of an official record or by his or her
by his or her deputy, and accompanied, if the deputy that after diligent search no record or
record is not kept in the Philippines, with a entry of a specified tenor is found to exist in the
certificate that such officer has the custody. records of his or her office, accompanied by a
If the office in which the record is kept is in a certificate as above provided, is admissible as
foreign country, which is a contracting party to a evidence that the records of his or her office
treaty or convention to which the Philippines is contain no such record or entry.
also a party, or considered a public document How A Judicial Record Is Impeached
under such treaty or convention pursuant to Rule 132, SECTION 29.
paragraph (c) of Section 19 hereof, the certificate
or its equivalent shall be in the form prescribed Any judicial record may be impeached by
by such treaty or convention subject to reciprocity evidence of:
granted to public documents originating from the (a) want of jurisdiction in the court or judicial
Philippines. officer,
For documents originating from a foreign country (b) collusion between the parties, or
which is not a contracting party to a treaty or
convention referred to in the next preceding (c) fraud in the party offering the record, in
sentence, the certificate may be made by a respect to the proceedings.
secretary of the embassy or legation, consul Proof of Notarial Documents
general, consul, vice-consul, or consular agent or Rule 132, SECTION 30.
by any officer in the foreign service of the
Philippines stationed in the foreign country in Every instrument duly acknowledged or proved
which the record is kept, and authenticated by the and certified as provided by law, may be
seal of his or her office. presented in evidence without further proof, the
certificate of acknowledgment being prima
A document that is accompanied by a certificate facie evidence of the execution of the instrument
or its equivalent may be presented or document involved.
in evidence without further proof, the certificate
or its equivalent being prima facie evidence of the Alterations in a Document
due execution and genuineness of the document Rule 132, SECTION 31.
involved. The certificate shall not be required
The party producing a document as genuine which
when a treaty or convention between a foreign
has been altered and appears to have been
country and the Philippines has abolished the
altered after its execution, in a part material to the
requirement, or has exempted the document
question in dispute, must account for the
itself from this formality.
alteration. He may show that the alteration was
Attestation of a Copy made by another, without his concurrence, or was
Rule 132, SECTION 25. made with the consent of the parties affected by
it, or was otherwise properly or innocent made,
Whenever a copy of a document or record is or that the alteration did not change the meaning
attested for the purpose of evidence, the
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or language of the instrument. If he fails to do professional employment, nor can an attorney's
that, the document shall not be admissible in secretary, stenographer, or clerk, or other
evidence. persons assisting the attorney be examined
without the consent of the client and his or
Documentary Evidence In An Unofficial Language
her employer, concerning any fact the knowledge
Rule 132, SECTION 33. of which has been acquired in such capacity.
Documents written in an unofficial language shall Exceptions
not be admitted as evidence, unless accompanied
with a translation into English or Filipino. To avoid (i) Furtherance of crime or fraud. If the services
interruption of proceedings, parties or their or advice of the lawyer were sought or obtained
attorneys are directed to have such translation to enable or aid anyone to commit or plan to
prepared before trial. commit what the client knew or reasonably
should have known to be a crime or fraud;
Testimonial Evidence
(ii) Claimants through same deceased client. As
Qualifications of a Witness to a communication relevant to an issue between
Rule 130, SECTION 21. parties who claim through the same deceased
client, regardless of whether the claims are by
All persons who can perceive, and perceiving, can
testate or intestate or by inter vivos transaction;
make known their perception to others, may be
witnesses. (iii) Breach of duty by lawyer or client. As to a
communication relevant to an issue of breach of
Religious or political belief, interest in the
duty by the lawyer to his or her client, or by the
outcome of the case, or conviction of a crime,
client to his or her lawyer;
unless otherwise provided by law, shall not be a
ground for disqualification. (iv) Document attested by the lawyer. As to a
communication relevant to an issue concerning
Disqualification of a Witness an attested document to which the lawyer is an
Disqualification by Reason of Marriage attesting witness; or
(v) Joint clients. As to a communication relevant
During their marriage, the husband or the to a matter of common interest between two or
wife cannot testify against the other without the more clients if the communication was made by
consent of the affected spouse, except in a civil any of them to a lawyer retained or consulted in
case by one against the other, or in a criminal common, when offered in an action between any
case for a crime committed by one against the of the clients, unless they have expressly agreed
other or the latter's direct descendants or otherwise.
ascendants.
Physician and Patient
Disqualification by Reason of Privileged
Rule 130, SECTION 24(c).
Communication; Rule on Third Parties
A physician, psychotherapist or person
Husband and Wife
reasonably believed by the patient to be
Rule 130, SECTION 24(a). authorized to practice medicine or psychotherapy
cannot in a civil case, without the consent of the
The husband or the wife, during or after the
patient, be examined as to any confidential
marriage, cannot be examined without the
communication made for the purpose of diagnosis
consent of the other as to any communication
or treatment of the patient's physical, mental or
received in confidence by one from the other
emotional condition, including alcohol or drug
during the marriage except in a civil case by one
addiction, between the patient and his or her
against the other, or in a criminal case for a crime
physician or psychotherapist. This privilege also
committed by one against the other or the latter's
applies to persons, including members of the
direct descendants or ascendants.
patient's family, who have participated in the
Attorney and Client diagnosis or treatment of the patient under the
Rule 230, SECTION 24(b). direction of the physician or psychotherapist.
An attorney or person reasonably believed by the A "psychotherapist" is:

client to be licensed to engage in the practice of (a) A person licensed to practice medicine
law cannot, without the consent of the client, be engaged in the diagnosis or treatment of
examined as to any communication made by the a mental or emotional condition, or
client to him or her, or his or her advice given (b) A person licensed as a psychologist by
thereon in the course of, or with a view to, the government while similarly engaged.
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Priest and Penitent (3) Not to be examined except only as to matters
pertinent to the issue;
Rule 130, SECTION 24(d).
(4) Not to give an answer which will tend to
A minister, priest or person reasonably believed
subject him or her to a penalty for an offense
to be so cannot, without the consent of the
unless otherwise provided by law; or
affected person, be examined as to any
communication or confession made to or any (5) Not to give an answer which will tend to
advice given by him or her, in his or her degrade his or her reputation, unless it be to the
professional character, in the course of discipline very fact at issue or to a fact from which the fact
enjoined by the church to which the minister or in issue would be presumed. But a witness must
priest belongs. answer to the fact of his or her previous final
conviction for an offense.
Public Officer
Order of Examination of an Individual Witness
Rule 130, SECTION 24(e).
A public officer cannot be examined during or
after his or her tenure as to communications The order in which an individual witness may be
made to him or her in official confidence, when examined is as follows:
the court finds that the public interest would (a) Direct examination by the proponent;
suffer by the disclosure.
(b) Cross-examination by the opponent;
The communication shall remain privileged, even
in the hands of a third person who may have (c) Re-direct examination by the proponent;
obtained the information, provided that the (d) Re-cross examination by the opponent.
original parties to the communication took
reasonable precaution to protect its Leading and Misleading Questions
confidentiality. Rule 132, SECTION 10.
Parental and Filial Privilege Rule A question which suggests to the witness the
Rule 130, SECTION 25. answer which the examining party desires is a
leading question. It is not allowed, except:
No person shall be compelled to testify against
his or her parents, other direct ascendants, (a) On cross-examination;
children or other direct descendants, except (b) On preliminary matters;
when such testimony is indispensable in a crime
(c) When there is di􏰁culty in getting direct and
against that person or by one parent against the
intelligible answers from a witness who is
other.
ignorant, a child of tender years, is of feeble mind,
Trade Secrets or a deaf-mute;
Rule 130, SECTION 26. (d) Of an unwilling or hostile witness; or
A person cannot be compelled to testify about any (e) Of a witness who is an adverse party or an
trade secret, unless the non-disclosure will o􏰁cer, director, or managing agent of a public or
conceal fraud or otherwise work injustice. When private corporation, or of a partnership or
disclosure is directed, the court shall take such association which is an adverse party.
protective measure as the interest of the owner
of the trade secret and of the parties and the A misleading question is one which assumes as
furtherance of justice may require. true a fact not yet testified to by the witness, or
contrary to that which he or she has previously
Examination of Witness stated. It is not allowed.
Rights and Obligations of a Witness
Impeachment of Witness
Adverse Party’s Witness
A witness must answer questions, although his or
her answer may tend to establish a claim against Rule 132, SECTION 11.
him or her. However, it is the right of a witness: A witness may be impeached by the party against
(1) To be protected from irrelevant, improper, or whom he or she was called, by contradictory
insulting questions, and from harsh or insulting evidence, by evidence that his or her general
demeanor; reputation for truth, honesty, or integrity is bad,
or by evidence that he or she has made at other
(2) Not to be detained longer than the interests of times statements inconsistent with his or her
justice require; present testimony, but not by evidence of
particular wrongful acts, except that it may be
151
shown by the examination of the witness, or recorded by himself or herself, or under his or
record of the judgment, that he or she has been her direction, at the time when the fact occurred,
convicted of an offense. or immediately thereafter, or at any other time
when the fact was fresh in his or her memory and
By Evidence of Conviction of Crime
he or she knew that the same was correctly
Rule 132, SECTION 12. written or recorded; but in such case, the writing
For the purpose of impeaching a witness, or record must be produced and may be inspected
evidence that he or she has been convicted by by the adverse party, who may, if he or she
􏰁nal judgment of a crime shall be admitted if (a) chooses, cross-examine the witness upon it and
the crime was punishable by a penalty in excess may read it in evidence. A witness may also testify
of one year; or (b) the crime involved moral from such a writing or record, though he or she
turpitude, regardless of the penalty. retains no recollection of the particular facts, if he
or she is able to swear that the writing or record
However, evidence of a conviction is not correctly stated the transaction when made; but
admissible if the conviction has been the subject such evidence must be received with caution.
of an amnesty or annulment of the conviction.
Examination of a Child Witness
Own Witness
Applicability of the Rule
A.M. NO. 004-07-SC, SECTION 1.
Except with respect to witnesses referred to in
paragraphs (d) and (e) of Section 10 of this Rule, Unless otherwise provided, this Rule shall govern
the party presenting the witness is not allowed to the examination of child witnesses who are
impeach his or her credibility. victims of crime, accused of a crime, and
witnesses to crime. It shall apply in all criminal
A witness may be considered as unwilling or proceedings and non-criminal proceedings
hostile only if so declared by the court upon involving child witnesses.
adequate showing of his or her adverse interest,
unjustified reluctance to testify, or his or her Meaning of “Child Witness”
having misled the party into calling him or her to A.M. NO. 004-07-SC, SECTION 4(a).
the witness stand.
A "child witness" is any person who at the time of
The unwilling or hostile witness so declared, or giving testimony is below the age of eighteen (18)
the witness who is an adverse party, may be years. In child abuse cases, a child includes one
impeached by the party presenting him or her in over eighteen (18) years but is found by the court
all respects as if he or she had been called by the as unable to fully take care of himself or protect
adverse party, except by evidence of his or her himself from abuse, neglect, cruelty, exploitation,
bad character. He or she may also be impeached or discrimination because of a physical or mental
and cross-examined by the adverse party, but disability or condition.
such cross-examination must only be on the
Competency of a Child Witness
subject matter of his or her examination-in-chief.
How Witness Impeached by Evidence of
Inconsistent Statements Witness Every child is presumed qualified to be a witness.
However, the court shall conduct a competency
examination of a child, motu proprio or on motion
Before a witness can be impeached by evidence of a party, when it finds that substantial doubt
that he or she has made at other times exists regarding the ability of the child to
statements inconsistent with his or her present perceive, remember, communicate, distinguish
testimony, the statements must be related to him truth from falsehood, or appreciate the duty to tell
or her, with the circumstances of the times and the truth in court.
places and the persons present, and he or she
(a) Proof of necessity. - A party seeking a
must be asked whether he or she made such
competency examination must present proof of
statements, and if so, allowed to explain them. If
necessity of competency examination. The age of
the statements be in writing, they must be shown
the child by itself is not a sufficient basis for a
to the witness before any question is put to him
competency examination.
or her concerning them.
(b) Burden of proof. - To rebut the presumption of
Referral of Witness to Memorandum
competence enjoyed by a child, the burden of
Rule 132, SECTION 16. proof lies on the party challenging his
A witness may be allowed to refresh his or her competence.
memory respecting a fact by anything written or
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(c) Persons allowed at competency examination. the child serious emotional trauma, he himself
Only the following are allowed to attend a may apply for the order.
competency examination:
The person seeking such an order shall apply at
(1) The judge and necessary court least five (5) days before the trial date, unless the
personnel; court finds on the record that the need for such
(2) The counsel for the parties; an order was not reasonably foreseeable.
(3) The guardian ad litem;
(b) The court may motu proprio hear and
(4) One or more support persons for the
determine, with notice to the parties, the need for
child; and
taking the testimony of the child through live-link
(5) The defendant, unless the court
television.
determines that competence can be fully
evaluated in his absence. (c) The judge may question the child in chambers,
or in some comfortable place other than the
(d) Conduct of examination. - Examination of a
courtroom, in the presence of the support person,
child as to his competence shall be conducted
guardian ad litem, prosecutor, and counsel for the
only by the judge. Counsel for the parties,
parties. The questions of the judge shall not be
however, can submit questions to the judge that
related to the issues at trial but to the feelings of
he may, in his discretion, ask the child.
the child about testifying in the courtroom.
(e) Developmentally appropriate questions. - The
(d) The judge may exclude any person, including
questions asked at the competency examination
the accused, whose presence or conduct causes
shall be appropriate to the age and
fear to the child.
developmental level of the child; shall not be
related to the issues at trial; and shall focus on (e) The court shall issue an order granting or
the ability of the child to remember, communicate, denying the use of live-link television and stating
distinguish between truth and falsehood, and the reasons therefor. It shall consider the
appreciate the duty to testify truthfully. following factors:
(f) Continuing duty to assess competence. - The (1) The age and level of development of the
court has the duty of continuously assessing the child;
competence of the child throughout his testimony. (2) His physical and mental health, including
any mental or physical disability;
Examination of a child witness
(3) Any physical, emotional, or
A.M. NO. 004-07-SC, SECTION 8 psychological injury experienced by him;
(4) The nature of the alleged abuse;
The examination of a child witness presented in a
(5) Any threats against the child;
hearing or any proceeding shall be done in open
(6) His relationship with the accused or
court. Unless the witness is incapacitated to
adverse party;
speak, or the question calls for a different mode
(7) His reaction to any prior encounters with
of answer, the answers of the witness shall be
the accused in court or elsewhere;
given orally.
(8) His reaction prior to trial when the topic
The party who presents a child witness or the of testifying was discussed with him by
guardian ad litem of such child witness may, parents or professionals;
however, move the court to allow him to testify in (9) Specific symptoms of stress exhibited by
the manner provided in this Rule. the child in the days prior to testifying;
Live-Link Testimony of a Child Witness (10) Testimony of expert or lay witnesses;
(11) The custodial situation of the child and
A.M. NO. 004-07-SC, SECTION 25. the attitude of the members of his family
(a) The prosecutor, counsel or the guardian ad regarding the events about which he will
litem may apply for an order that the testimony of testify; and
the child be taken in a room outside the (12) Other relevant factors, such as court
courtroom and be televised to the courtroom by atmosphere and formalities of court
live-link television. procedure.
Before the guardian ad litem applies for an order (f) The court may order that the testimony of the
under this section, he shall consult the child be taken by live-link television if there is a
prosecutor or counsel and shall defer to the substantial likelihood that the child would suffer
judgment of the prosecutor or counsel regarding trauma from testifying in the presence of the
the necessity of applying for an order. In case the accused, his counsel or the prosecutor as the
guardian ad ltiem is convinced that the decision of case may be. The trauma must be of a kind which
the prosecutor or counsel not to apply will cause
153
would impair the completeness or truthfulness of (c) The judge shall preside at the videotaped
the testimony of the child. deposition of a child. Objections to deposition
testimony or evidence, or parts thereof, and the
(g) If the court orders the taking of testimony by
grounds for the objection shall be stated and shall
live-link television:
be ruled upon at the time of the taking of the
(1) The child shall testify in a room separate deposition. The other persons who may be
from the courtroom in the presence of permitted to be present at the proceeding are:
the guardian ad litem; one or both of his
(1) The prosecutor;
support persons; the facilitator and
(2) The defense counsel;
interpreter, if any; a court officer
(3) The guardian ad litem;
appointed by the court; persons
(4) The accused, subject to sub-section (e);
necessary to operate the closed-circuit
(5) Other persons whose presence is
television equipment; and other persons
determined by the court to be necessary
whose presence are determined by the
to the welfare and well-being of the
court to be necessary to the welfare and
child;
well-being of the child;
(6) One or both of his support persons, the
(2) The judge, prosecutor, accused, and
facilitator and interpreter, if any;
counsel for the parties shall be in the
(7) The court stenographer; and
courtroom. The testimony of the child
(8) Persons necessary to operate the
shall be transmitted by live-link
videotape equipment.
television into the courtroom for viewing
and hearing by the judge, prosecutor, (d) The rights of the accused during trial,
counsel for the parties, accused, victim, especially the right to counsel and to confront and
and the public unless excluded. cross-examine the child, shall not be violated
(3) If it is necessary for the child to identify during the deposition.
the accused at trial, the court may allow
(e) If the order of the court is based on evidence
the child to enter the courtroom for the
that the child is unable to testify in the physical
limited purpose of identifying the
presence of the accused, the court may direct the
accused, or the court may allow the child
latter to be excluded from the room in which the
to identify the accused by observing the
deposition is conducted. In case of exclusion of
image of the latter on a television
the accused, the court shall order that the
monitor.
testimony of the child be taken by live-link
(4) The court may set other conditions and
television in accordance with section 25 of this
limitations on the taking of the testimony
Rule. If the accused is excluded from the
that it finds just and appropriate, taking
deposition, it is not necessary that the child be
into consideration the best interests of
able to view an image of the accused.
the child.
(f) The videotaped deposition shall be preserved
(h) The testimony of the child shall be preserved
and stenographically recorded. The videotape and
on videotape, digital disc, or other similar devices
the stenographic notes shall be transmitted to the
which shall be made part of the court record and
clerk of the court where the case is pending for
shall be subject to a protective order as provided
safekeeping and shall be made a part of the
in section 31(b).
record.
Videotaped Deposition of a Child Witness
(g) The court may set other conditions on the
A.M. NO. 004-07-SC, SECTION 27. taking of the deposition that it finds just and
appropriate, taking into consideration the best
(a) The prosecutor, counsel, or guardian ad litem
interests of the child, the constitutional rights of
may apply for an order that a deposition be taken
the accused, and other relevant factors.
of the testimony of the child and that it be
recorded and preserved on videotape. Before the (h) The videotaped deposition and stenographic
guardian ad litem applies for an order under this notes shall be subject to a protective order as
section, he shall consult with the prosecutor or provided in section 31(b).
counsel subject to the second and third
(i) If, at the time of trial, the court finds that the
paragraphs of section 25(a).
child is unable to testify for a reason stated in
(b) If the court finds that the child will not be able section 25(f) of this Rule, or is unavailable for any
to testify in open court at trial, it shall issue an reason described in section 4(c), Rule 23 of the
order that the deposition of the child be taken and 1997 Rules of Civil Procedure, the court may admit
preserved by videotape. into evidence the videotaped deposition of the
154
child in lieu of his testimony at the trial. The court or will be exposed to severe
shall issue an order stating the reasons therefor. psychological injury; or
(2) Is absent from the hearing and the
(j) After the original videotaping but before or
proponent of his statement has been
during trial, any party may file any motion for
unable to procure his attendance by
additional videotaping on the ground of newly
process or other reasonable means.
discovered evidence. The court may order an
additional videotaped deposition to receive the (d) When the child witness is unavailable, his
newly discovered evidence. hearsay testimony shall be admitted only if
corroborated by other admissible evidence.
Hearsay Exception in Child Abuse Cases
Sexual Abuse Shield Rule
A statement made by a child describing any act or
attempted act of child abuse, not otherwise (a) Inadmissible evidence. - The following
admissible under the hearsay rule, may be evidence is not admissible in any criminal
admitted in evidence in any criminal or non- proceeding involving alleged child sexual abuse:
criminal proceeding subject to the following
(1) Evidence offered to prove that the
rules:
alleged victim engaged in other sexual
(a) Before such hearsay statement may be behavior; and
admitted, its proponent shall make known to the (2) Evidence offered to prove the sexual
adverse party the intention to offer such predisposition of the alleged victim.
statement and its particulars to provide him a fair
(b) Exception. - Evidence of specific instances of
opportunity to object. If the child is available, the
sexual behavior by the alleged victim to prove
court shall, upon motion of the adverse party,
that a person other than the accused was the
require the child to be present at the presentation
source of semen, injury, or other physical
of the hearsay statement for cross-examination
evidence shall be admissible.
by the adverse party. When the child is
unavailable, the fact of such circumstance must A party intending to offer such evidence must:
be proved by the proponent. (1) File a written motion at least fifteen (15)
(b) In ruling on the admissibility of such hearsay days before trial, specifically describing
statement, the court shall consider the time, the evidence and stating the purpose for
content and circumstances thereof which provide which it is offered, unless the court, for
sufficient indicia of reliability. It shall consider the good cause, requires a different time for
following factors: filing or permits filing during trial; and
(2) Serve the motion on all parties and the
(1) Whether there is a motive to lie;
guardian ad litem at least three (3) days
(2) The general character of the declarant
before the hearing of the motion.
child;
(3) Whether more than one person heard Before admitting such evidence, the court must
the statement; conduct a hearing in chambers and afford the
(4) Whether the statement was child, his guardian ad litem, the parties, and their
spontaneous; counsel a right to attend and be heard. The motion
(5) The timing of the statement and the and the record of the hearing must be sealed and
relationship between the declarant child remain under seal and protected by a protective
and witness; order set forth in section 31(b). The child shall not
(6) Cross-examination could not show the be required to testify at the hearing in chambers
lack of knowledge of the declarant child; except with his consent.
(7) The possibility of faulty recollection of Protective Orders
the declarant child is remote; and
(8) The circumstances surrounding the A.M. NO. 004-07-SC, SECTION 31(b).
statement are such that there is no Any videotape or audiotape of a child that is part
reason to suppose the declarant child of the court record shall be under a protective
misrepresented the involvement of the order that provides as follows:
accused.
(1) Tapes may be viewed only by parties, their
(c) The child witness shall be considered counsel, their expert witness, and the guardian ad
unavailable under the following situations: litem.
(1) Is deceased, suffers from physical (2) No tape, or any portion thereof, shall be
infirmity, lack of memory, mental illness, divulged by any person mentioned in sub-section
155
(a) to any other person, except as necessary for Admission by a Co-Partner or Agent
the trial. Rule 130, SECTION 30.
(3) No person shall be granted access to the tape, The act or declaration of a partner or agent
its transcription or any part thereof unless he authorized by the party to make a statement
signs a written affirmation that he has received concerning the subject, or within the scope of his
and read a copy of the protective order; that he or her authority, and during the existence of the
submits to the jurisdiction of the court with partnership or agency, may be given in evidence
respect to the protective order; and that in case against such party after the partnership or
of violation thereof, he will be subject to the agency is shown by evidence other than such act
contempt power of the court. or declaration. The same rule applies to the act or
(4) Each of the tape cassettes and transcripts declaration of a joint owner, joint debtor, or other
thereof made available to the parties, their person jointly interested with the party.
counsel, and respective agents shall bear the Admission by a Conspirator
following cautionary notice: Rule 130, SECTION 31.
"This object or document and the contents thereof The act or declaration of a conspirator in
are subject to a protective order issued by the furtherance of the conspiracy and during its
court in (case title) , (case number) . They shall existence may be given in evidence against the
not be examined, inspected, read, viewed, or co-conspirator after the conspiracy is shown by
copied by any person, or disclosed to any person, evidence other than such act of declaration.
except as provided in the protective order. No
additional copies of the tape or any of its portion Admission by Privies
shall be made, given, sold, or shown to any Rule 130, SECTION 32.
person without prior court order. Any person
Where one derives title to property from another,
violating such protective order is subject to the
the latter's act, declaration, or omission, in
contempt power of the court and other penalties
relation to the property, is evidence against the
prescribed by law."
former if done while the latter was holding the
(5) No tape shall be given, loaned, sold, or shown title.
to any person except as ordered by the court.
Admission by Silence
(6) Within thirty (30) days from receipt, all copies Rule 130, SECTION 33.
of the tape and any transcripts thereof shall be
returned to the clerk of court for safekeeping An act or declaration made in the presence and
unless the period is extended by the court on within the hearing or observation of a party who
motion of a party. does or says nothing when the act or declaration
is such as naturally to call for action or comment
(7) This protective order shall remain in full force if not true, and when proper and possible for him
and effect until further order of the court. or her to do so, may be given in evidence against
Admissions and Confessions him or her.
Admission by a Party Confessions
Rule 130, SECTION 27. Rule 130, SECTION 34.
The act, declaration or omission of a party as to a The declaration of an accused acknowledging his
relevant fact may be given in evidence against or her guilt of the offense charged, or of any
him or her. offense necessarily included therein, may be
given in evidence against him or her.
Res Inter Alios Acta Rule
People v. Tena, G.R. No. 100909 (1992) Similar Acts as Evidence
Things done between strangers ought not to
injure those who are not parties to them. Evidence that one did or did not do a certain thing
at one time is not admissible to prove that he or
Admission by a Third Party
she did or did not do the same or similar thing at
Rule 130, SECTION 29. another time; but it may be received to prove a
The rights of a party cannot be prejudiced by an specific intent or knowledge, identity, plan,
act, declaration, or omission of another, except as system, scheme, habit, custom or usage, and the
hereinafter provided. like.
156
Admissibility of Offers of Compromise Reason for Exclusion of Hearsay Evidence
Rule 130, SECTION 28. People v. Padit, G.R. No. 202978 (2016)
In civil cases, an offer of compromise is not an The reason for the exclusion of hearsay evidence
admission of any liability, and is not admissible in is that the party against whom the hearsay
evidence against the offeror. Neither is evidence testimony is presented is deprived of the right or
of conduct nor statements made in compromise opportunity to cross-examine the person to
negotiations admissible, except evidence whom the statements are attributed. Moreover,
otherwise discoverable or offered for another the court is without opportunity to test the
purpose, such as proving bias or prejudice of a credibility of hearsay statements by observing the
witness, negativing a contention of undue delay, demeanor of the person who made them.
or proving an effort to obstruct a criminal
Exceptions to the Hearsay Rule
investigation or prosecution.
Dying Declaration
In criminal cases, except those involving quasi-
offenses (criminal negligence) or those allowed Rule 130, SECTION 38.
by law to be compromised, an offer of The declaration of a dying person, made under the
compromise by the accused may be received in consciousness of an impending death, may be
evidence as an implied admission of guilt. received in any case wherein his or her death is
A plea of guilty later withdrawn or an unaccepted the subject of inquiry, as evidence of the cause
offer of a plea of guilty to a lesser offense is not and surrounding circumstances of such death.
admissible in evidence against the accused who Statement of Decedent or Person of Unsound
made the plea or offer. Neither is any statement Mind
made in the course of plea bargaining with the
prosecution, which does not result in a plea of Rule 130, SECTION 39.
guilty or which results in a plea of guilty later In an action against an executor or administrator
withdrawn, admissible. or other representative of a deceased person, or
An offer to pay, or the payment of medical, against a person of unsound mind, upon a claim
hospital or other expenses occasioned by an or demand against the estate of such deceased
injury, is not admissible in evidence as proof of person or against such person of unsound mind,
civil or criminal liability for the injury. where a party or assignor of a party or a person
in whose behalf a case is prosecuted testifies on
Hearsay Rule a matter of fact occurring before the death of the
Meaning of Hearsay deceased person or before the person became of
Rule 130, SECTION 37. unsound mind, any statement of the deceased or
the person of unsound mind, may be received in
Hearsay is a statement other than one made by
evidence if the statement was made upon the
the declarant while testifying at a trial or hearing,
personal knowledge of the deceased or the
offered to prove the truth of the facts asserted
person of unsound mind at a time when the
therein. A statement is (1) an oral or written
matter had been recently perceived by him or her
assertion or (2) a non-verbal conduct of a person,
and while his or her recollection was clear. Such
if it is intended by him or her as an assertion.
statement, however, is inadmissible if made
Hearsay evidence is inadmissible except as
under circumstances indicating its lack of
otherwise provided in these Rule.
trustworthiness.
A statement is not hearsay if the declarant
Declaration Against Interest
testifies at the trial or hearing and is subject to
cross-examination concerning the statement, Rule 130, SECTION 40.
and the statement is (a) inconsistent with the The declaration made by a person deceased or
declarant's testimony, and was given under oath unable to testify against the interest of the
subject to the penalty of perjury at a trial hearing, declarant, if the fact asserted in the declaration
or other proceeding, or in a deposition; (b) was at the time it was made so far contrary to the
consistent with the declarant's testimony and is declarant's own interest that a reasonable person
offered to rebut an express or implied charge in his or her position would not have made the
against the declarant of recent fabrication or declaration unless he or she believed it to be true,
improper influence or motive; or (c) one of may be received in evidence against himself or
identification of a person made after perceiving herself or his or her successors in interest and
him or her. against third persons. A statement tending to
expose the declarant to criminal liability and
offered to exculpate the accused is not admissible
157
unless corroborating circumstances clearly Records of Regularly Conducted Business
indicate the trustworthiness of the statement. Activity
Acts of Declaration About Pedigree Rule 130, SECTION 45.
Rule 130, SECTION 41. A memorandum, report, record or data
compilation of acts, events, conditions, opinions,
The act or declaration of a person deceased or
or diagnoses, made by writing, typing, electronic,
unable to testify, in respect to the pedigree of
optical or other similar means at or near the time
another person related to him or her by birth,
of or from transmission or supply of information
adoption, or marriage or, in the absence thereof,
by a person with knowledge thereof, and kept in
with whose family he or she was so intimately
the regular course or conduct of a business
associated as to be likely to have accurate
activity, and such was the regular practice to
information concerning his or her pedigree, may
make the memorandum, report, record, or data
be received in evidence where it occurred before
compilation by electronic, optical or similar
the controversy, and the relationship between the
means, all of which are shown by the testimony
two persons is shown by evidence other than
of the custodian or other qualified witnesses, is
such act or declaration. The word "pedigree"
excepted from the rule on hearsay evidence.
includes relationship, family genealogy, birth,
marriage, death, the dates when and the places Entries in Official Records
where these facts occurred, and the names of the
relatives. It embraces also facts of family history
intimately connected with pedigree. Entries in official records made in the
performance of his or her duty by a public officer
Family Reputation or Tradition Regarding
of the Philippines, or by a person in the
Pedigree
performance of a duty specially enjoined by law,
Rule 130, SECTION 42. are prima facie evidence of the facts therein
stated.
The reputation or tradition existing in a family
previous to the controversy, in respect to the Commercial Lists and the Like
pedigree of any one of its members, may be
received in evidence if the witness testifying
thereon be also a member of the family, either by Evidence of statements of matters of interest to
consanguinity, affinity, or adoption. Entries in persons engaged in an occupation contained in a
family bibles or other family books or charts, list, register, periodical, or other published
engraving on rings, family portraits and the like, compilation is admissible as tending to prove the
may be received as evidence of pedigree. truth of any relevant matter so stated if that
compilation is published for use by persons
Common Reputation
engaged in that occupation and is generally used
Rule 130, SECTION 43. and relied upon by them therein
Common reputation existing previous to the Learned Treaties
controversy, as to boundaries of or customs
affecting lands in the community and reputation
as to events of general history important to the A published treatise, periodical or pamphlet on a
community, or respecting marriage or moral subject of history, law, science, or art is
character, may be given in evidence. Monuments admissible as tending to prove the truth of a
and inscriptions in public places may be received matter stated therein if the court takes judicial
as evidence of common reputation. notice, or a witness expert in the subject testifies,
that the writer of the statement in the treatise,
Part of Res Gestae
periodical or pamphlet is recognized in his or her
Rule 130, SECTION 44. profession or calling as expert in the subject.
Statements made by a person while a startling Testimony or Deposition at a Former Proceeding
occurrence is taking place or immediately prior
or subsequent thereto, under the stress of
excitement caused by the occurrence with The testimony or deposition of a witness
respect to the circumstances thereof, may be deceased or out of the Philippines or who cannot,
given in evidence as part of the res gestae. So, with due diligence, be found therein, or is
also, statements accompanying an equivocal act unavailable or otherwise unable to testify, given
material to the issue, and giving it a legal in a former case or proceeding, judicial or
significance, may be received as part of the res administrative, involving the same parties and
gestae. subject matter, may be given in evidence against
158
the adverse party who had the opportunity to he has supported his opinion, his possible bias in
cross-examine him or her. favor of the side for whom he testifies, the fact
that he is a paid witness, the relative
Residual Exception
opportunities for study and observation of the
Rule 130, SECTION 50. matters about which he testifies, and any other
A statement not specifically covered by any of the matters which deserve to illuminate his
foregoing exceptions, having equivalent statements. The opinion of the expert may not be
circumstantial guarantees of trustworthiness, is arbitrarily rejected; it is to be considered by the
admissible if the court determines that (a) the court in view of all the facts and circumstances in
statement is offered as evidence of a material the case and when common knowledge utterly
fact; (b) the statement is more probative on the fails, the expert opinion may be given controlling
point for which it is offered than any other effect. The problem of the credibility of the expert
evidence which the proponent can procure witness and the evaluation of his testimony is left
through reasonable efforts; and (c) the general to the discretion of the trial court whose ruling
purposes of these rules and the interests of thereupon is not reviewable in the absence of
justice will be best served by admission of the abuse of discretion.
statement into evidence. However, a statement Opinion of Ordinary Witness
may not be admitted under this exception unless Rule 130, SECTION 53.
the proponent makes known to the adverse party,
sufficiently in advance of the hearing, or by the The opinion of a witness, for which proper basis
pre-trial stage in the case of a trial of the main is given, may be
case, to provide the adverse party with a fair (a) The identity of a person about whom he or she
opportunity to prepare to meet it, the proponent's has adequate knowledge; A handwriting with
intention to offer the statement and the which he or she has sufficient familiarity; and
particulars of it, including the name and address
of the declarant. (b) The mental sanity of a person with whom he
or she is sufficiently acquainted.
Independently relevant statements
(c) The witness may also testify on his or her
People v. Lobrigas, G.R. No. 147649 (2002) impressions of the emotion, behavior, condition
Under the doctrine of independently relevant or appearance of a person.
statements, only the fact that such statements Character Evidence
were made is relevant, and the truth or falsity
thereof is immaterial. The hearsay rule does not Criminal Cases
apply, hence, the statements are admissible as Rule 130, SECTION 54(a).
evidence. Evidence as to the making of such The character of the offended party may be
statement is not secondary but primary, for the proved if it tends to establish in any reasonable
statement itself may constitute a fact in issue or degree the probability or improbability of the
be circumstantially relevant as to the existence of offense charged.
such a fact.
The accused may prove his or her good moral
Opinion Rule character, pertinent to the moral trait involved in
Opinion of an Expert Witness; Weight Given the offense charged. However, the prosecution
Rule 130, SECTION 52. may not prove his or her bad moral character
unless on rebuttal.
The opinion of a witness on a matter requiring
special knowledge, skill, experience, training or Civil Cases
education, which he or she is shown to possess, Rule 130, SECTION 54(b).
may be received in evidence.
Evidence of the moral character of a party in a
People v. Basite, G.R. No. 150382 (2003) civil case is admissible only when pertinent to the
issue of character involved in the case.
Although courts are not ordinarily bound by
expert testimonies, they may place whatever Criminal and Civil Cases
weight they may choose upon such testimonies in Rule 130, SECTION 54(c).
accordance with the facts of the case. The relative
weight and sufficiency of expert testimony is Evidence of the good character of a witness is not
peculiarly within the province of the trial court to admissible until such character has been
decide, considering the ability and character of impeached.
the witness, his actions upon the witness stand, In all cases in which evidence of character or a
the weight and process of the reasoning by which trait of character of a person is admissible, proof
159
may be made by testimony as to reputation or by the complainant or the plaintiff, and as
testimony in the form of an opinion. On cross- Exhibits 1, 2, 3, and so on in the case of
examination, inquiry is allowable into relevant the respondent or the defendant.
specific instances of conduct.
(b) Should a party or a witness desire to keep the
In cases in which character or a trait of character original document or object evidence in his
of a person is an essential element of a charge, possession, he may, after the same has been
claim or defense, proof may also be made of identified, marked as exhibit, and authenticated,
specific instances of that person's conduct. warrant in his judicial affidavit that the copy or
reproduction attached to such affidavit is a
Judicial Affidavits faithful copy or reproduction of that original. In
Scope addition, the party or witness shall bring the
A.M. No. 12-8-8-SC, SECTION 1. original document or object evidence for
(a) This Rule shall apply to all actions, comparison during the preliminary conference
proceedings, and incidents requiring the with the attached copy, reproduction, or pictures,
reception of evidence before: failing which the latter shall not be admitted.
(1) The Metropolitan Trial Courts, the This is without prejudice to the introduction of
Municipal Trial Courts in Cities, the secondary evidence in place of the original when
Municipal Trial Courts, the Municipal allowed by existing rules.
Circuit Trial Courts, and the Shari' a Contents
Circuit Courts but shall not apply to A.M. No. 12-8-8-SC, SECTION 3.
small claims cases under A.M. 08-8-7-
SC; A judicial affidavit shall be prepared in the
(2) The Regional Trial Courts and the Shari'a language known to the witness and, if not in
District Courts; English or Filipino, accompanied by a translation
(3) The Sandiganbayan, the Court of Tax in English or Filipino, and shall contain the
Appeals, the Court of Appeals, and the following:
Shari'a Appellate Courts; (a) The name, age, residence or business address,
(4) The investigating officers and bodies and occupation of the witness;
authorized by the Supreme Court to
receive evidence, including the (b) The name and address of the lawyer who
Integrated Bar of the Philippine (IBP); conducts or supervises the examination of the
and witness and the place where the examination is
(5) The special courts and quasi-judicial being held;
bodies, whose rules of procedure are (c) A statement that the witness is answering the
subject to disapproval of the Supreme questions asked of him, fully conscious that he
Court, insofar as their existing rules of does so under oath, and that he may face criminal
procedure contravene the provisions of liability for false testimony or perjury;
this Rule.
(d) Questions asked of the witness and his
(b) For the purpose of brevity, the above courts, corresponding answers, consecutively
quasi-judicial bodies, or investigating officers numbered, that:
shall be uniformly referred to here as the "court."
(1) Show the circumstances under which
Submission in Lieu of Testimonies the witness acquired the facts upon
A.M. No. 12-8-8-SC, SECTION 2. which he testifies;
(2) Elicit from him those facts which are
(a) The parties shall file with the court and serve
relevant to the issues that the case
on the adverse party, personally or by licensed
presents; and
courier service, not later than five days before
(3) Identify the attached documentary and
pre-trial or preliminary conference or the
object evidence and establish their
scheduled hearing with respect to motions and
authenticity in accordance with the
incidents, the following:
Rules of Court;
(1) The judicial affidavits of their witnesses,
(e) The signature of the witness over his printed
which shall take the place of such
name; and
witnesses' direct testimonies; and
(2) The parties' docun1entary or object (f) A jurat with the signature of the notary public
evidence, if any, which shall be attached who administers the oath or an officer who is
to the judicial affidavits and marked as authorized by law to administer the same.
Exhibits A, B, C, and so on in the case of
160
Offer and Objections Effect of Non-Compliance
A.M. No. 12-8-8-SC, SECTION 8. A.M. No. 12-8-8-SC, SECTION 10.
(a) Upon the termination of the testimony of his (a) A party who fails to submit the required
last witness, a party shall immediately make an judicial affidavits and exhibits on time shall be
oral offer of evidence of his documentary or deemed to have waived their submission. The
object exhibits, piece by piece, in their court may, however, allow only once the late
chronological order, stating the purpose or submission of the same provided, the delay is for
purposes for which he offers the particular a valid reason, would not unduly prejudice the
exhibit. opposing party, and the defaulting party pays a
fine of not less than P 1,000.00 nor more
(b) After each piece of exhibit is offered, the
than P 5,000.00 at the discretion of the court.
adverse party shall state the legal ground for his
objection, if any, to its admission, and the court (b) The court shall not consider the affidavit of any
shall immediately make its ruling respecting that witness who fails to appear at the scheduled
exhibit. hearing of the case as required. Counsel who fails
to appear without valid cause despite notice shall
(c) Since the documentary or object exhibits form
be deemed to have waived his client's right to
part of the judicial affidavits that describe and
confront by cross-examination the witnesses
authenticate them, it is sufficient that such
there present.
exhibits are simply cited by their markings during
the offers, the objections, and the rulings, (c) The court shall not admit as evidence judicial
dispensing with the description of each exhibit. affidavits that do not conform to the content
requirements of Section 3 and the attestation
Application in Criminal Cases
requirement of Section 4 above. The court may,
A.M. No. 12-8-8-SC, SECTION 9. however, allow only once the subsequent
(a) This rule shall apply to all criminal actions: submission of the compliant replacement
affidavits before the hearing or trial provided the
(1) Where the maximum of the imposable
delay is for a valid reason and would not unduly
penalty does not exceed six years;
prejudice the opposing party and provided
(2) Where the accused agrees to the use of
further, that public or private counsel responsible
judicial affidavits, irrespective of the
for their preparation and submission pays a fine
penalty involved; or
of not less than P 1,000.00 nor more
(3) With respect to the civil aspect of the
than P 5,000.00, at the discretion of the court.
actions, whatever the penalties involved
are. Offer and Objection
(b) The prosecution shall submit the judicial Offer of Evidence
affidavits of its witnesses not later than five days Rule 130, SECTION 34.
before the pre-trial, serving copies if the same
upon the accused. The complainant or public The court shall consider no evidence which has
prosecutor shall attach to the affidavits such not been formally offered. The purpose for which
documentary or object evidence as he may have, the evidence is offered must be specified.
marking them as Exhibits A, B, C, and so on. No When to Make an Offer
further judicial affidavit, documentary, or object
evidence shall be admitted at the trial.
All evidence must be offered orally.
(c) If the accused desires to be heard on his
defense after receipt of the judicial affidavits of The offer of the testimony of a witness in evidence
the prosecution, he shall have the option to must be made at the time the witness is called to
submit his judicial affidavit as well as those of his testify.
witnesses to the court within ten days from
The offer of documentary and object evidence
receipt of such affidavits and serve a copy of each
shall be made after the presentation of a party's
on the public and private prosecutor, including his
testimonial evidence.
documentary and object evidence previously
marked as Exhibits 1, 2, 3, and so on. These Objection
affidavits shall serve as direct testimonies of the Rule 130, SECTION 36.
accused and his witnesses when they appear
before the court to testify. Objection to offer of evidence must be made orally
immediately after the offer is made.
Objection to the testimony of a witness for lack of
a formal offer must be made as soon as the
161
witness begins to testify. Objection to a question ruling sustaining the objection on one or some of
propounded in the course of the oral examination them must specify the ground or grounds relied
of a witness must be made as soon as the upon.
grounds therefor become reasonably apparent.
Striking out of Answer
The grounds for the objections must be specified Rule 130, SECTION 39.
Repetition of an Objection Should a witness answer the question before the
Rule 130, SECTION 37. adverse party had the opportunity to voice fully its
objection to the same, or where a question is not
When it becomes reasonably apparent in the
objectionable, but the answer is not responsive,
course of the examination of a witness that the
or where a witness testifies without a question
questions being propounded are of the same
being posed or testifies beyond limits set by the
class as those to which objection has been made,
court, or when the witness does a narration
whether such objection was sustained or
instead of answering the question, and such
overruled, it shall not be necessary to repeat the
objection is found to be meritorious, the court
objection, it being sufficient for the adverse party
shall sustain the objection and order such
to record his or her continuing objection to such
answer, testimony or narration to be stricken off
class of questions.
the record.
Ruling On proper motion, the court may also order the
Rule 130, SECTION 38. striking out of answers which are incompetent,
The ruling of the court must be given immediately irrelevant, or otherwise improper.
after the objection is made, unless the court Tender of excluded evidence
desires to take a reasonable time to inform itself
Section 40, Rule 132
on the question presented; but the ruling shall
always be made during the trial and at such time If documents or things offered in evidence are
as will give the party against whom it is made an excluded by the court, the offeror may have the
opportunity to meet the situation presented by the same attached to or made part of the record. If
ruling. the evidence excluded is oral, the offeror may
state for the record the name and other personal
The reason for sustaining or overruling an
circumstances of the witness and the substance
objection need not be stated. However, if the
of the proposed testimony.
objection is based on two or more grounds, a
REVISED RULES ON SUMMARY PROCEDURE

Cases Covered by the Rule (4) All other criminal cases where the penalty
prescribed by law for the offense charged is
Civil Cases imprisonment not exceeding six months, or a fine
Revised Rules on Summary Procedure (Sec. 1A) not exceeding (P1,000.00), or both, irrespective of
other imposable penalties, accessory or
(1) All cases of forcible entry and unlawful
otherwise, or of the civil liability arising
detainer, irrespective of the amount of damages
therefrom: Provided, however, that in offenses
or unpaid rentals sought to be recovered. Where
involving damage to property through criminal
attorney's fees are awarded, the same shall not
negligence, this Rule shall govern where the
exceed twenty thousand pesos (P20,000.00).
imposable fine does not exceed ten thousand
(2) All other civil cases, except probate pesos (P10,000.00).
proceedings, where the total amount of the
This Rule shall not apply to a civil case where the
plaintiff's claim does not exceed ten thousand
plaintiffs cause of action is pleaded in the same
pesos (P10,000.00), exclusive of interest and
complaint with another cause of action subject to
costs.
the ordinary procedure; nor to a criminal case
Revised Rules on Summary Procedure (Sec. 1B) where the offense charged is necessarily related
to another criminal case subject to the ordinary
(1) Violations of traffic laws, rules and
procedure.
regulations;
(2) Violations of the rental law; Effect of Failure to Answer
(3) Violations of municipal or city ordinances;
162
Civil Cases issues and to ensure a speedy disposition of the
Revised Rules on Summary Procedure (Sec. 6) case. However, no admission by the accused shall
be used against him unless reduced to writing
Should the defendant fail to answer the complaint and signed by the accused and his counsel. A
within the period above provided, the court, motu refusal or failure to stipulate shall not prejudice
proprio, or on motion of the plaintiff, shall render the accused.
judgment as may be warranted by the facts
alleged in the complaint and limited to what is Prohibited Pleadings and Motions
prayed for therein: Provided, however, that the Revised Rules on Summary Procedure (Sec. 19)
court may in its discretion reduce the amount of
damages and attorney's fees claimed for being The following pleadings, motions or petitions
excessive or otherwise unconscionable. This is shall not be allowed in the cases covered by this
without prejudice to the applicability of Section 4, Rule:
Rule 15 of the Rules of Court, if there are two or (a) Motion to dismiss the complaint or to
more defendants. quash the complaint or information
Preliminary Conference and Appearances of except on the ground of lack of
Parties jurisdiction over the subject matter, or
failure to comply with the preceding
Civil Cases section;
Revised Rules on Summary Procedure (Sec. 7) (b) Motion for a bill of particulars;
(c) Motion for new trial, or for
Not later than thirty (30) days after the last
reconsideration of a judgment, or for
answer is filed, a preliminary conference shall be
opening of trial;
held. The rules on pre-trial in ordinary cases shall
(d) Petition for relief from judgment;
be applicable to the preliminary conference
unless inconsistent with the provisions of this
pleadings, affidavits or any other paper;
Rule.
(f) Memoranda;
The failure of the plaintiff to appear in the (g) Petition for certiorari, mandamus, or
preliminary conference shall be a cause for the prohibition against any interlocutory
dismissal of his complaint. The defendant who order issued by the court;
appears in the absence of the plaintiff shall be (h) Motion to declare the defendant in
entitled to judgment on his counterclaim in default;
accordance with Section 6 hereof. All cross- (i) Dilatory motions for postponement;
claims shall be dismissed. (j) Reply;
If a sole defendant shall fail to appear, the plaintiff (k) Third party complaints;
shall be entitled to judgment in accordance with (l) Interventions.
Section 6 hereof. This Rule shall not apply where Appeal
one of two or more defendants sued under a
common cause of action who had pleaded a Revised Rules on Summary Procedure (Sec. 21)
common defense shall appear at the preliminary The judgment or final order shall be appealable to
conference. the appropriate regional trial court which shall
Criminal Cases decide the same in accordance with Section 22
of Batas Pambansa Blg. 129. The decision of the
Revised Rules on Summary Procedure (Sec. 14)
regional trial court in civil cases governed by this
Before conducting the trial, the court shall call the Rule, including forcible entry and unlawful
parties to a preliminary conference during which detainer, shall be immediately executory, without
a stipulation of facts may be entered into, or the prejudice to a further appeal that may be taken
propriety of allowing the accused to enter a plea therefrom. Section 10 of Rule 70 shall be deemed
of guilty to a lesser offense may be considered, or repealed.
such other matters may be taken up to clarify the
KATARUNGANG PAMBARANGAY
Cases Covered and now replaced by Secs. 399-422, Chapter VII,
Title I, Book III, and Sec. 515, Title I, Book IV, R.A.
CIRCULAR NO. 14-93 July 15, 1993
7160, otherwise known as the Local Government
All disputes are subject to Barangay conciliation Code of 1991), and prior recourse thereto is a pre-
pursuant to the Revised Katarungang condition before filing a complaint in court or any
Pambarangay Law (formerly P.D. 1508, repealed
163
government offices, except in the following 9. Any class of disputes which the
disputes: President may determine in the interest
of justice or upon the recommendation
1. Where one party is the government, or
of the Secretary of Justice;
any subdivision or instrumentality
10. Where the dispute arises from the
thereof;
Comprehensive Agrarian Reform Law
2. Where one party is a public officer or
(CARL) (Sec. 46 & 47, R.A. 6657);
employee, and the dispute relates to the
11. Labor disputes or controversies arising
performance of his official functions;
from employer-employee relations
3. Where the dispute involves real
(Montoya vs. Escayo, et al., 171 SCRA 442;
properties located in different cities and
Art. 226, Labor Code, as amended, which
municipalities, unless the parties
grants original and exclusive jurisdiction
thereto agree to submit their difference
over conciliation and mediation of
to amicable settlement by an
disputes, grievances or problems to
appropriate Lupon;
certain offices of the Department of
4. Any complaint by or against
Labor and Employment);
corporations, partnership or juridical
12. Actions to annul judgment upon a
entities, since only individuals shall be
compromise which may be filed directly
parties to Barangay conciliation
in court (See Sanchez vs. Tupaz, 158
proceedings either as complainants or
SCRA 459).
respondents (Sec. 1, Rule VI,
Katarungang Pambarangay Rules); Subject Matter for Amicable Settlement
5. Disputes involving parties who actually
P.D. 1508 (Sec. 408)
reside in barangays of different cities or
municipalities, except where such The lupon of each barangay shall have authority
barangay units adjoin each other and the to bring together the parties actually residing in
parties thereto agree to submit their the same city or municipality for amicable
differences to amicable settlement by an settlement of all disputes except:
appropriate Lupon;
(a) Where one party is the government, or any
6. Offenses for which the law prescribes a
subdivision or instrumentality thereof;
maximum penalty of imprisonment
exceeding one (1) year or a fine over five (b) Where one party is a public officer or
thousand pesos (P5,000.00); employee, and the dispute relates to the
7. Offenses where there is no private performance of his official functions;
offended party;
(c) Offenses punishable by imprisonment
8. Disputes where urgent legal action is
exceeding one (1) year or a fine exceeding Five
necessary to prevent injustice from
thousand pesos (P5,000.00);
being committed or further continued,
specifically the following: (d) Offenses where there is no private offended
a. Criminal cases where accused party;
is under police custody or (e) Where the dispute involves real properties
detention (see Sec. 412 (b) (1), located in different cities or municipalities unless
Revised Katarungang the parties thereto agree to submit their
Pambarangay Law); differences to amicable settlement by an
b. Petitions for habeas corpus by appropriate lupon;
a person illegally deprived of
his rightful custody over (f) Disputes involving parties who actually reside
another or a person illegally in barangays of different cities or municipalities,
deprived or on acting in his except where such barangay units adjoin each
behalf; other and the parties thereto agree to submit
c. Actions coupled with their differences to amicable settlement by an
provisional remedies such as appropriate lupon;
preliminary injunction, (g) Such other classes of disputes which the
attachment, delivery of President may determine in the interest of Justice
personal property and support or upon the recommendation of the Secretary of
during the pendency of the Justice.
action; and
d. Actions which may be barred by Circular No. 14-93 (July 15, 1993)
the Statute of Limitations. I. All disputes are subject to Barangay conciliation
pursuant to the Revised Katarungang
164
Pambarangay Law (formerly P.D. 1508, repealed 9. Any class of disputes which the President may
and now replaced by Secs. 399-422, Chapter VII, determine in the interest of justice or upon the
Title I, Book III, and Sec. 515, Title I, Book IV, R.A. recommendation of the Secretary of Justice;
7160, otherwise known as the Local Government
10. Where the dispute arises from the
Code of 1991), and prior recourse thereto is a pre-
Comprehensive Agrarian Reform Law (CARL)
condition before filing a complaint in court or any
(Sec. 46 & 47, R.A. 6657);
government offices, except in the following
disputes: 11. Labor disputes or controversies arising from
employer-employee relations (Montoya vs.
1. Where one party is the government, or any
Escayo, et al., 171 SCRA 442; Art. 226, Labor Code,
subdivision or instrumentality thereof;
as amended, which grants original and exclusive
2. Where one party is a public officer or employee, jurisdiction over conciliation and mediation of
and the dispute relates to the performance of his disputes, grievances or problems to certain
official functions; offices of the Department of Labor and
Employment);
3. Where the dispute involves real properties
located in different cities and municipalities, 12. Actions to annul judgment upon a compromise
unless the parties thereto agree to submit their which may be filed directly in court (See Sanchez
difference to amicable settlement by an vs. Tupaz, 158 SCRA 459).
appropriate Lupon;
Venue
4. Any complaint by or against corporations,
P.D. 1508 (Sec. 409)
partnership or juridical entities, since only
individuals shall be parties to Barangay (a) Disputes between persons actually residing in
conciliation proceedings either as complainants the same barangay shall be brought for amicable
or respondents (Sec. 1, Rule VI, Katarungang settlement before the lupon of said barangay.
Pambarangay Rules);
(b) Those involving actual residents of different
5. Disputes involving parties who actually reside barangays within the same city or municipality
in barangays of different cities or municipalities, shall be brought in the barangay where the
except where such barangay units adjoin each respondent or any of the respondents actually
other and the parties thereto agree to submit resides, at the election of the complaint.
their differences to amicable settlement by an
(c) All disputes involving real property or any
appropriate Lupon;
interest therein shall be brought in the barangay
6. Offenses for which the law prescribes a where the real property or the larger portion
maximum penalty of imprisonment exceeding one thereof is situated.
(1) year or a fine over five thousand pesos
(d) Those arising at the workplace where the
(P5,000.00);
contending parties are employed or at the
7. Offenses where there is no private offended institution where such parties are enrolled for
party; study, shall be brought in the barangay where
such workplace or institution is located.
8. Disputes where urgent legal action is
necessary to prevent injustice from being Objections to venue shall be raised in the
committed or further continued, specifically the mediation proceedings before the punong
following: barangay; otherwise, the same shall be deemed
waived. Any legal question which may confront
a. Criminal cases where accused is under police
the punong barangay in resolving objections to
custody or detention (see Sec. 412 (b) (1), Revised
venue herein referred to may be submitted to the
Katarungang Pambarangay Law);
Secretary of Justice, or his duly designated
b. Petitions for habeas corpus by a person representative, whose ruling thereon shall be
illegally deprived of his rightful custody over binding.
another or a person illegally deprived or on acting
in his behalf; When Parties May Directly Go To Court
c. Actions coupled with provisional remedies such P.D. 1508 (Sec. 408)
as preliminary injunction, attachment, delivery of The court in which non-criminal cases not falling
personal property and support during the within the authority of the lupon under this Code
pendency of the action; and are filed may, at any time before trial motu propio
d. Actions which may be barred by the Statute of refer the case to the lupon concerned for
Limitations. amicable settlement.
Execution
165
P.D. 1508 (Sec. 417) P.D. 1508 (Sec. 418)
The amicable settlement or arbitration award Any party to the dispute may, within ten (10) days
may be enforced by execution by the lupon within from the date of the settlement, repudiate the
six (6) months from the date of the settlement. same by filing with the lupon chairman a
After the lapse of such time, the settlement may statement to that effect sworn to before him,
be enforced by action in the appropriate city or where the consent is vitiated by fraud, violence,
municipal court. or intimidation. Such repudiation shall be
sufficient basis for the issuance of the
Repudiation certification for filing a complaint as hereinabove
provided.
RULES OF PROCEDURE FOR SMALL CLAIM CASES

Scope and Applicability of the Rule (c) The enforcement of a barangay amicable
settlement or an arbitration award
Scope
involving a money claim covered by this
Rules of Procedure for Small Claims Cases (Sec. Rule pursuant to Sec. 417 of Republic Act
2 as amended by OCA Circular No. 45-2019) 7160, otherwise known as the Local
This Rule shall govern the procedure in actions Government Code of 1991.
before the Metropolitan Trial Courts, Municipal Commencement of Small Claim Actions;
Trial Courts in Cities, Municipal Trial Courts and Response
Municipal Circuit Trial Courts for payment of
money where the value of the claim does not Commencement of Small Claim Actions
exceed the jurisdictional amount of these courts Rules of Procedure for Small Claims Cases (Sec.
under Republic Act No. 7941 (Four Hundred 5)
Thousand Pesos for [P400,000.00] MeTC and
A small claims action is commenced by filing with
Three Hundred Thousand Pesos [P300,000.00) for
the court an accomplished and verified Statement
the MTCCs, MTCs, and MCTSs), exclusive of
of Claim (Form 1-SCC) in duplicate, accompanied
interest and costs.
by a Certification of Non-forum Shopping (Form
Applicability 1-A, SCC), and two (2) duly certified photocopies
Rules of Procedure for Small Claims Cases (Sec. of the actionable document/s subject of the claim,
4) as well as the affidavits of witnesses and other
evidence to support the claim. No evidence shall
The Metropolitan Trial Courts, Municipal Trial
be allowed during the hearing which was not
Courts in Cities, Municipal Trial Courts, and
attached to or submitted together with the Claim,
Municipal Circuit Trial Courts shall apply this Rule
unless good cause is shown for the admission of
in all actions which are: (a) purely civil in nature
additional evidence. No formal pleading, other
where the claim or relief prayed for by the
than the Statement of Claim described in this
plaintiff is solely for payment or reimbursement
Rule, is necessary to initiate a small claims
of sum of money, and (b) the civil aspect of
action.
criminal actions, either filed before the institution
of the criminal action, or reserved upon the filing Response
of the criminal action in court, pursuant to Rule 111 Rules of Procedure for Small Claims Cases (Sec.
of the Revised Rules Of Criminal Procedure. 11)
These claims or demands may be: The defendant shall file with the court and serve
(a) For money owed under any of the on the plaintiff a duly accomplished and verified
following: Response within a non-extendible period of ten
1. Contract of Lease; (10) days from receipt of summons. The Response
2. Contract of Loan; shall be accompanied by certified photocopies of
3. Contract of Services; documents, as well as affidavits of witnesses and
4. Contract of Sale; or other evidence in support thereof. No evidence
5. Contract of Mortgage; shall be allowed during the hearing which was not
(b) For damages arising from any of the attached to or submitted together with the
following: Response, unless good cause is shown for the
1. Fault or negligence; admission of additional evidence.
2. Quasi-contract; or The grounds for the dismissal of the claim, under
3. Contract; Rule 16 of the Rules of Court, should be pleaded.
166
Prohibited Pleadings and Motions an attorney to assist that party upon the latter’s
consent
Rules of Procedure for Small Claims Cases (Sec.
14) Rules of Procedure for Small Claims Cases (Sec.
18)
The following pleadings, motions, or petitions
shall not be allowed in the cases covered by this Failure of the plaintiff to appear shall be cause for
Rule: the dismissal of the claim without prejudice. The
defendant who appears shall be entitled to
(a) Motion to dismiss the complaint;
judgment on a permissive counterclaim. Failure
(b) Motion for a bill of particulars;
of the defendant to appear shall have the same
(c) Motion for new trial, or for
effect as failure to file a Response under Section
reconsideration of a judgment, or for
12 of this Rule. This shall not apply where one of
reopening of trial;
two or more defendants who are sued under a
(d) Petition for relief from judgment;
common cause of action and have pleaded a
common defense appears at the hearing. Failure
pleadings, affidavits, or any other paper;
of both parties to appear shall cause the
(f) Memoranda;
dismissal with prejudice of both the claim and
(g) Petition for certiorari, mandamus, or
counterclaim.
prohibition against any interlocutory
order issued by the court; Hearing; Duty of the Judge
(h) Motion to declare the defendant in
Rules of Procedure for Small Claim Cases (Sec.
default;
20)
(i) Dilatory motions for postponement;
(j) Reply; At the beginning of the court session, the judge
(k) Third-party complaints; and shall read aloud a short statement explaining the
(l) Interventions nature, purpose and the rule of procedure of
small claims cases.
Appearances
Rules of Procedure for Small Claim Cases (Sec. 21)
16)
At the hearing, the judge shall exert efforts to
The parties shall appear at the designated date of bring the parties to an amicable settlement of
hearing personally. Appearance through a their dispute. Any settlement (Form 7-SCC) or
representative must be for a valid cause. The resolution (Form 8-SCC) of the dispute shall be
representative of an individual-party must not be reduced into writing, signed by the parties and
a lawyer, and must be related to or next-of-kin of submitted to the court for approval (Form 12-SCC)
the individual-party. Juridical entities shall not be
represented by a lawyer in any capacity. The Settlement discussions shall be strictly
representative must be authorized under a confidential and any reference to any settlement
Special Power of Attorney (Form 5- SCC) to enter made in the course of such discussions shall be
into an amicable settlement of the dispute and to punishable by contempt.
enter into stipulations or admissions of facts and Finality of Judgment
of documentary exhibits.
Rules of Procedure for Small Claims Cases (Sec. 23)
17)
After the hearing, the court shall render its
No attorney shall appear in behalf of or represent decision on the same day, based on the facts
a party at the hearing, unless the attorney is the established by the evidence (Form 13-SCC). The
plaintiff or defendant. If the court determines that decision shall immediately be entered by the
a party cannot properly present his/her claim or Clerk of Court in the court docket for civil cases
defense and needs assistance, the court may, in and a copy thereof forthwith served on the
its discretion, allow another individual who is not parties.
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

Scope and Applicability of the Rule Regional Trial Courts, Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial
Rules of Procedure for Environmental Cases
Courts and Municipal Circuit Trial Courts involving
(Sec. 2)
enforcement or violations of environmental and
These Rules shall govern the procedure in civil, other related laws, rules and regulations such as
criminal and special civil actions before the but not limited to the following:
167
(a) Act No. 3572, Prohibition Against Cutting Prohibition Against Temporary Restraining
of Tindalo, Akli, and Molave Trees; Order and Preliminary Injunction
(b) P.D. No. 705, Revised Forestry Code; Part II, Rule 2, Sec. 10
(c) P.D. No. 856, Sanitation Code;
(d) P.D. No. 979, Marine Pollution Decree; Except the Supreme Court, no court can issue a
(e) P.D. No. 1067, Water Code; TRO or writ of preliminary injunction against
(f) P.D. No. 1151, Philippine Environmental lawful actions of government agencies that
Policy of 1977; enforce environmental laws or prevent violations
(g) P.D. No. 1433, Plant Quarantine Law of thereof.
1978; Pre-Trial Conference; Consent Decree
(h) P.D. No. 1586, Establishing an
Environmental Impact Statement Part II, Rule 3, Sec. 5
System Including Other Environmental The judge shall put the parties and their counsels
Management Related Measures and for under oath, and they shall remain under oath in
Other Purposes; all pre-trial conferences.
(i) R.A. No. 3571, Prohibition Against the
The judge shall exert best efforts to persuade the
Cutting, Destroying or Injuring of Planted
parties to arrive at a settlement of the dispute.
or Growing Trees, Flowering Plants and
The judge may issue a consent decree approving
Shrubs or Plants of Scenic Value along
the agreement between the parties in accordance
Public Roads, in Plazas, Parks, School
with law, morals, public order and public policy to
Premises or in any Other Public Ground;
protect the right of the people to a balanced and
(j) R.A. No. 4850, Laguna Lake
healthful ecology.
Development Authority Act;
(k) R.A. No. 6969, Toxic Substances and Evidence not presented during the pre-trial,
Hazardous Waste Act; except newly-discovered evidence, shall be
(l) R.A. No. 7076, People’s Small-Scale deemed waived.
Mining Act;
(m) R.A. No. 7586, National Integrated
Prohibited Pleadings and Motions
Protected Areas System Act including all Part II, Rule 2, Section 2
laws, decrees, orders, proclamations The following pleadings or motions shall not be
and issuances establishing protected allowed:
areas;
(n) R.A. No. 7611, Strategic Environmental (a) Motion to dismiss the complaint;
Plan for Palawan Act; (b) Motion for a bill of particulars;
(o) R.A. No. 7942, Philippine Mining Act; (c) Motion for extension of time to file
(p) R.A. No. 8371, Indigenous Peoples Rights pleadings, except to file answer, the
Act; extension not to exceed fifteen (15) days;
(q) R.A. No. 8550, Philippine Fisheries Code; (d) Motion to declare the defendant in
(r) R.A. No. 8749, Clean Air Act; default;
(s) R.A. No. 9003, Ecological Solid Waste (e) Reply and rejoinder; and
Management Act; (f) Third party complaint.
(t) R.A. No. 9072, National Caves and Cave Temporary Environmental Protection Order
Resource Management Act;
Part II, Rule 2, Section 8
(u) R.A. No. 9147, Wildlife Conservation and
Protection Act; If it appears from the verified complaint with a
(v) R.A. No. 9175, Chainsaw Act; prayer for the issuance of an Environmental
(w) R.A. No. 9275, Clean Water Act; Protection Order (EPO) that the matter is of
(x) R.A. No. 9483, Oil Spill Compensation Act extreme urgency and the applicant will suffer
of 2007; and grave injustice and irreparable injury, the
executive judge of the multiple-sala court before
Provisions in C.A. No. 141, The Public Land Act;
raffle or the presiding judge of a single-sala court
R.A. No. 6657, Comprehensive Agrarian Reform
as the case may be, may issue ex parte a TEPO
Law of 1988; R.A. No. 7160, Local Government
effective for only seventy-two (72) hours from
Code of 1991; R.A. No. 7161, Tax Laws Incorporated
date of the receipt of the TEPO by the party or
in the Revised Forestry Code and Other
person enjoined. Within said period, the court
Environmental Laws (Amending the NIRC); R.A.
where the case is assigned, shall conduct a
No. 7308, Seed Industry Development Act of 1992;
summary hearing to determine whether the TEPO
R.A. No. 7900, High-Value Crops Development.
may be extended until the termination of the case.
Civil Procedure
168
The court where the case is assigned, shall The court shall direct the plaintiff or adverse party
periodically monitor the existence of acts that are to file an opposition showing the suit is not a
the subject matter of the TEPO even if issued by SLAPP, attaching evidence in support thereof,
the executive judge, and may lift the same at any within a non-extendible period of five (5) days
time as circumstances may warrant. from receipt of notice that an answer has been
filed.
The applicant shall be exempted from the posting
of a bond for the issuance of a TEPO. The defense of a SLAPP shall be set for hearing
by the court after issuance of the order to file an
Judgment and Execution; Reliefs in a opposition within fifteen (15) days from filing of
Citizen’s Suit the comment or the lapse of the period.
Part II, Rule 5, Sec. 1
If warranted, the court may grant to the plaintiff
proper reliefs which shall include the protection, The hearing on the defense of a SLAPP shall be
preservation or rehabilitation of the environment summary in nature. The parties must submit all
and the payment of attorney’s fees, costs of suit available evidence in support of their respective
and other litigation expenses. It may also require positions. The party seeking the dismissal of the
the violator to submit a program of rehabilitation case must prove by substantial evidence that his
or restoration of the environment, the costs of act for the enforcement of environmental law is a
which shall be borne by the violator, or to legitimate action for the protection, preservation
contribute to a special trust fund for that purpose and rehabilitation of the environment. The party
subject to the control of the court. filing the action assailed as a SLAPP shall prove
by preponderance of evidence that the action is
Part II Rule 5, Sec. 2 not a SLAPP and is a valid claim.
Any judgment directing the performance of acts Part II, Rule 6, Sec. 4
for the protection, preservation or rehabilitation
of the environment shall be executory pending The affirmative defense of a SLAPP shall be
appeal unless restrained by the appellate court. resolved within thirty (30) days after the
summary hearing. If the court dismisses the
Permanent Environmental Protection Order; action, the court may award damages, attorney’s
Writ of Continuing Mandamus fees and costs of suit under a counterclaim if such
Part II, Rule 5, Sec. 3 has been filed. The dismissal shall be with
prejudice.
In the judgment, the court may convert the TEPO
to a permanent EPO or issue a writ of continuing If the court rejects the defense of a SLAPP, the
mandamus directing the performance of acts evidence adduced during the summary hearing
which shall be effective until the judgment is fully shall be treated as evidence of the parties on the
satisfied. merits of the case. The action shall proceed in
accordance with the Rules of Court.
Strategic Lawsuit Against Public Participation
Special Proceedings
A legal action filed to harass, vex, exert undue Writ of Kalikasan
pressure or stifle any legal recourse that any Part III, Rule 7, Sec. 1
person, institution or the government has taken The writ is a remedy available to a natural or
or may take in the enforcement of environmental juridical person, entity authorized by law, people’s
laws, protection of the environment or assertion organization, non-governmental organization, or
of environmental rights shall be treated as a any public interest group accredited by or
SLAPP and shall be governed by these Rules. registered with any government agency, on behalf
Part II, Rule 6, Sec. 2 of persons whose constitutional right to a
balanced and healthful ecology is violated, or
In a SLAPP filed against a person involved in the threatened with violation by an unlawful act or
enforcement of environmental laws, protection of omission of a public official or employee, or
the environment, or assertion of environmental private individual or entity, involving
rights, the defendant may file an answer environmental damage of such magnitude as to
interposing as a defense that the case is a SLAPP prejudice the life, health or property of
and shall be supported by documents, affidavits, inhabitants in two or more cities or provinces.
papers and other evidence; and, by way of
counterclaim, pray for damages, attorney’s fees Prohibited Pleadings and Motions
and costs of suit.
169
Part III, Rule 7, Sec. 9 the date, time, place and manner of making the
inspection or production and may prescribe other
The following pleadings and motions are
conditions to protect the constitutional rights of
prohibited:
all parties.
(a) Motion to dismiss;
(b) Motion for extension of time to file Writ of Continuing Mandamus
return; Part III, Rule 8, Sec 1.
(c) Motion for postponement; When any agency or instrumentality of the
(d) Motion for a bill of particulars; government or officer thereof unlawfully neglects
(e) Counterclaim or cross-claim; the performance of an act which the law
(f) Third-party complaint; specifically enjoins as a duty resulting from an
(g) Reply; and office, trust or station in connection with the
(h) Motion to declare respondent in default. enforcement or violation of an environmental law
Discovery Measures rule or regulation or a right therein, or unlawfully
excludes another from the use or enjoyment of
Part III, Rule 7, Sec. 12
such right and there is no other plain, speedy and
A party may file a verified motion for the adequate remedy in the ordinary course of law,
following reliefs: the person aggrieved thereby may file a verified
(a) Ocular Inspection; order — The motion must petition in the proper court, alleging the facts with
show that an ocular inspection order is necessary certainty, attaching thereto supporting evidence,
to establish the magnitude of the violation or the specifying that the petition concerns an
threat as to prejudice the life, health or property environmental law, rule or regulation, and
of inhabitants in two or more cities or provinces. praying that judgment be rendered commanding
It shall state in detail the place or places to be the respondent to do an act or series of acts until
inspected. It shall be supported by affidavits of the judgment is fully satisfied, and to pay
witnesses having personal knowledge of the damages sustained by the petitioner by reason of
violation or threatened violation of environmental the malicious neglect to perform the duties of the
law. respondent, under the law, rules or regulations.
The petition shall also contain a sworn
After hearing, the court may order any person in certification of non-forum shopping.
possession or control of a designated land or
other property to permit entry for the purpose of CRIMINAL PROCEDURE
inspecting or Who May File
photographing the property or any relevant object Part IV, Rule 9, Sec. 1
or operation thereon.
Any offended party, peace officer or any public
The order shall specify the person or persons officer charged with the enforcement of an
authorized to make the inspection and the date, environmental law may file a complaint before
time, place and manner of making the inspection the proper officer in accordance with the Rules of
and may prescribe other conditions to protect the Court.
constitutional rights of all parties.
Institution of Criminal and Civil Action
(b) Production or inspection of documents or Part IV, Rule 10, Sec. 1
things; order – The motion must show that a
production order is necessary to establish the When a criminal action is instituted, the civil
magnitude of the violation or the threat as to action for the recovery of civil liability arising
prejudice the life, health or property of from the offense charged, shall be deemed
inhabitants in two or more cities or provinces. instituted with the criminal action unless the
complainant waives the civil action, reserves the
After hearing, the court may order any person in right to institute it separately or institutes the civil
possession, custody or control of any designated action prior to the criminal action.
documents, papers, books, accounts, letters,
photographs, objects or tangible things, or Unless the civil action has been instituted prior to
objects in digitized or electronic form, which the criminal action, the reservation of the right to
constitute or contain evidence relevant to the institute separately the civil action shall be made
petition or the return, to produce and permit their during arraignment.
inspection, copying or photographing by or on In case civil liability is imposed or damages are
behalf of the movant. awarded, the filing and other legal fees shall be
The production order shall specify the person or imposed on said award in accordance with Rule
persons authorized to make the production and 141 of the Rules of Court, and the fees shall
170
constitute a first lien on the judgment award. The (d) The auction sale shall be with notice to the
damages awarded in cases where there is no accused, the person from whom the items were
private offended party, less the filing fees, shall seized, or the owner thereof and the concerned
accrue to the funds of the agency charged with government agency.
the implementation of the environmental law
(e) The notice of auction shall be posted in three
violated. The award shall be used for the
conspicuous places in the city or municipality
restoration and rehabilitation of the environment
where the items, equipment, paraphernalia, tools
adversely affected.
or instruments of the crime were seized.
Arrest Without Warrant, When Valid (f) The proceeds shall be held in trust and
Part IV, Rule 11, Sec. 1 deposited with the government depository bank
A peace officer or an individual deputized by the for disposition according to the judgment.
proper government agency may, without a Bail
warrant, arrest a person:
Part IV, Rule 14, Sec. 1
(a) When, in his presence, the person to be
Bail in the amount fixed may be filed with the
arrested has committed, is actually committing or
court where the case is pending, or in the absence
is attempting to commit an offense; or
or unavailability of the judge thereof, with any
(b) When an offense has just been committed, and regional trial judge, metropolitan trial judge,
he has probable cause to believe based on municipal trial judge or municipal circuit trial
personal knowledge of facts or circumstances judge in the province, city or municipality. If the
that the person to be arrested has committed it. accused is arrested in a province, city or
Individuals deputized by the proper government municipality other than where the case is
agency who are enforcing environmental laws pending, bail may also be filed with any Regional
shall enjoy the presumption of regularity under Trial Court of said place, or if no judge thereof is
Section 3(m), Rule 131 of the Rules of Court when available, with any metropolitan trial judge,
effecting arrests for violations of environmental municipal trial judge or municipal circuit trial
laws. judge therein. If the court grants bail, the court
may issue a hold-departure order in appropriate
Procedure in Custody and Disposition of cases.
Seized Items
Part IV, Rule 12, Sec. 2 Arraignment and Plea
In the absence of applicable laws or rules
promulgated by the concerned government The court shall set the arraignment of the
agency, the following procedure shall be accused within fifteen (15) days from the time it
observed: acquires jurisdiction over the accused, with
notice to the public prosecutor and offended party
(a) The apprehending officer having initial custody
or concerned government agency that it will
and control of the seized items, equipment,
entertain plea-bargaining on the date of the
paraphernalia, conveyances and instruments
arraignment.
shall physically inventory and whenever
practicable, photograph the same in the presence Part IV, Rule 15, Sec. 2
of the person from whom such items were seized. On the scheduled date of arraignment, the court
(b) Thereafter, the apprehending officer shall shall consider plea-bargaining arrangements.
submit to the issuing court the return of the Where the prosecution and offended party or
search warrant within five (5) days from date of concerned government agency agree to the plea
seizure or in case of warrantless arrest, submit offered by the accused, the court shall:
within five (5) days from date of seizure, the Issue an order which contains the plea-
inventory report, compliance report, bargaining arrived at;
photographs, representative samples and other
pertinent documents to the public prosecutor for Proceed to receive evidence on the civil aspect of
appropriate action. the case, if any; and
(c) Upon motion by any interested party, the court Render and promulgate judgment of conviction,
may direct the auction sale of seized items, including the civil liability for damages.
equipment, paraphernalia, tools or instruments of Pre-trial
the crime. The court shall, after hearing, fix the
minimum bid price based on the recommendation
of the concerned government agency. The sheriff
shall conduct the auction.
171
Part IV, Rule 16, Sec. 1 iii. Amount of damages;
After the arraignment, the court shall set the pre- (d) Define factual and legal issues;
trial conference within thirty (30) days. It may
(e) Ask parties to agree on the specific trial dates
refer the case to the branch clerk of court, if
and adhere to the flow chart determined by the
warranted, for a preliminary conference to be set
court which shall contain the time frames for the
at least three (3) days prior to the pre-trial.
different stages of the proceeding up to
Part IV, Rule 16, Sec. 2 promulgation of decision;
The preliminary conference shall be for the (f) Require the parties to submit to the branch
following purposes: clerk of court the names, addresses and contact
numbers of witnesses that need to be summoned
(a) To assist the parties in reaching a
by subpoena; and
settlement of the civil aspect of the case;
(b) To mark the documents to be presented (g) Consider modification of order of trial if the
as exhibits; accused admits the charge but interposes a
(c) To attach copies thereof to the records lawful defense.
after comparison with the originals;
(d) To ascertain from the parties the
undisputed facts and admissions on the All questions or statements must be directed to
genuineness and due execution of the court.
documents marked as exhibits; Part IV, Rule 16, Sec. 5
(e) To consider such other matters as may
aid in the prompt disposition of the case; All agreements or admissions made or entered
(f) To record the proceedings during the during the pre-trial conference shall be reduced
preliminary conference in the Minutes of in writing and signed by the accused and counsel;
Preliminary Conference to be signed by otherwise, they cannot be used against the
the parties and counsel; accused. The agreements covering the matters
(g) To mark the affidavits of witnesses referred to in Section 1, Rule 118 of the Rules of
which shall be in question and answer Court shall be approved by the court.
form and shall constitute the direct Part IV, Rule 16, Sec. 6
examination of the witnesses; and
(h) To attach the Minutes and marked All proceedings during the pre-trial shall be
exhibits to the case record before the recorded, the transcripts prepared and the
pre-trial proper. The parties or their minutes signed by the parties or their counsels.
counsel must submit to the branch clerk Part IV, Rule 16, Sec. 7
of court the names, addresses and
contact numbers of the affiants. The court shall issue a pre-trial order within ten
(10) days after the termination of the pre-trial,
Part IV, Rule 16, Sec. 3 setting forth the actions taken during the pre-trial
During the pre-trial, the court shall: conference, the facts stipulated, the admissions
made, evidence marked, the number of witnesses
(a) Place the parties and their counsels under to be presented and the schedule of trial. The
oath; order shall bind the parties and control the
(b) Adopt the minutes of the preliminary course of action during the trial.
conference as part of the pre-trial proceedings, Subsidiary Liabilities
confirm markings of exhibits or substituted
photocopies and admissions on the genuineness Part IV, Rule 18, Sec. 1
and due execution of documents, and list object In case of conviction of the accused and
and testimonial evidence; subsidiary liability is allowed by law, the court
(c) Scrutinize the information and the statements may, by motion of the person entitled to recover
in the affidavits and other documents which form under judgment, enforce such subsidiary liability
part of the record of the preliminary investigation against a person or corporation subsidiary liable
together with other documents identified and under Article 102 and Article 103 of the Revised
marked as exhibits to determine further Penal Code.
admissions of facts as to: EVIDENCE
i. The court’s territorial jurisdiction relative to the Precautionary Principle
offense(s) charged;
ii. Qualification of expert witnesses; and
172
Part V, Rule 20, Sec. 1 products or derivatives, forest products or
mineral resources subject of a case shall be
When there is a lack of full scientific certainty in
admissible when authenticated by the person
establishing a causal link between human activity
who took the same, by some other person present
and environmental effect, the court shall apply
when said evidence was taken, or by any other
the precautionary principle in resolving the case
person competent to testify on the accuracy
before it.
thereof.
The constitutional right of the people to a
Part V, Rule 21, Sec. 2
balanced and healthful ecology shall be given the
benefit of the doubt. Entries in official records made in the
performance of his duty by a public officer of the
Documentary Evidence Philippines, or by a person in performance of a
Part V, Rule 21, Sec. 1 duty specially enjoined by law, are prima facie
Photographs, videos and similar evidence of evidence of the facts therein stated.
events, acts, transactions of wildlife, wildlife by-
ALTERNATIVE DISPUTE RESOLUTION

Types of Processes and Procedures in e. Mediation-Arbitration - A step dispute
Alternative Dispute Resolution; Comparison resolution process involving both mediation and
with Court-Annexed Mediation arbitration; also known as Med-Arb.
Sec. 3(a), R.A. 9285 Sec. 18, R.A. 9285
The ADR system refers to any process or The parties may agree to refer issues arising from
procedure used to resolve a dispute or a dispute or during its pendency to other forms of
controversy, other than by adjudication of a ADR such as but not limited to: a. Evaluation of a
presiding judge of a court or an officer of a third-person, b. Mini-trial, c. Mediation-
government agency. It is a system in which a arbitration, or d. A combination thereof.
neutral 3rd-party participates to assist in the Comparison with Court-Annexed Mediation
resolution of issues, which includes arbitration, Sec. 3, R.A. 9285
mediation, conciliation, early neutral evaluation,
mini-trial, or any combination thereof. Court-annexed mediation is a mediation process
conducted under the auspices of the court, after
ADR processes such court has acquired jurisdiction of the
Sec. 3, R.A. 9285 dispute.
a. Arbitration - a voluntary dispute resolution On the other hand, the ADR system refers to any
process in which one or more arbitrators, process or procedure used to resolve a dispute
appointed in accordance with the agreement of or controversy, other than by adjudication of a
the parties, or rules promulgated pursuant to this presiding judge of a court or an officer of a
Act, resolve a dispute by rendering an award. government agency. It is a system in which a
b. Court-referred mediation - a mediation neutral 3rd-party participates to assist in the
ordered by a court to be conducted in accordance resolution of issues, which includes arbitration,
with the agreement of the parties when an action mediation, conciliation, early neutral evaluation,
is prematurely commenced in violation of such mini-trial, or any combination thereof.
agreement. Note: Court-annexed mediation is now mandatory
c. Early neutral evaluation - An ADR process after pre-trial under the amended rules
wherein parties and their lawyers are brought Domestic Arbitration
together early in a pre-trial phase to present
summaries of their cases and receive a Alternative Dispute Resolution Act of 2004,
nonbinding assessment by an experienced Chapter 5, Sec. 32
neutral person, with expertise in the subject in Domestic arbitration shall continue to be
the substance of the dispute. governed by Republic Act No. 876, otherwise
d. Mediation - A voluntary process in which a known as "The Arbitration Law" as amended by
mediator, selected by the disputing parties, this Chapter. The term "domestic arbitration" as
facilitates communication and negotiation, and used herein shall mean an arbitration that is not
assists the parties in reaching a voluntary international as defined in Article (3) of the Model
agreement regarding a dispute. Law.
173
Alternative Dispute Resolution Act of 2004, Foreign Arbitral Awards
Chapter 5, Sec. 33 Alternative Dispute Resolution Act of 2004,
Article 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of Chapter 7, Sec. 42
the Model Law and Section 22 to 31 of the The New York Convention shall govern the
preceding Chapter 4 shall apply to domestic recognition and enforcement of arbitral awards
arbitration. covered by the said Convention.
Model Law on International Commercial The recognition and enforcement of such arbitral
Arbitration, Article 1 (3) awards shall be filled with regional trial court in
An arbitration is international if: accordance with the rules of procedure to be
promulgated by the Supreme Court. Said
(a) the parties to an arbitration agreement procedural rules shall provide that the party
have, at the time of the conclusion of that relying on the award or applying for its
agreement, their places of business in different enforcement shall file with the court the original
States; or or authenticated copy of the award and the
(b) one of the following places is situated arbitration agreement. If the award or agreement
outside the State in which the parties have their is not made in any of the official languages, the
places of business: (i) the place of arbitration if party shall supply a duly certified translation
determined in, or pursuant to, the arbitration thereof into any of such languages.
agreement; (ii) any place where a substantial part The applicant shall establish that the country in
of the obligations of the commercial relationship which foreign arbitration award was made is a
is to be performed or the place with which the party to the New York Convention.
subject-matter of the dispute is most closely
connected; or If the application for rejection or suspension of
enforcement of an award has been made, the
(c) the parties have expressly agreed that regional trial court may, if it considers it proper,
the subject matter of the arbitration agreement vacate its decision and may also, on the
relates to more than one country application of the party claiming recognition or
Judicial Review of Arbitral Awards enforcement of the award, order the party to
provide appropriate security.
Domestic Awards
Alternative Dispute Resolution Act of 2004,
Alternative Dispute Resolution Act of 2004,
Chapter 7, Sec. 43
Chapter 7, Sec. 40
The recognition and enforcement of foreign
The confirmation of a domestic arbitral award
arbitral awards not covered by the New York
shall be governed by Section 23 of R.A. 876.
Convention shall be done in accordance with
A domestic arbitral award when confirmed shall procedural rules to be promulgated by the
be enforced in the same manner as final and Supreme Court. The Court may, grounds of comity
executory decisions of the Regional Trial Court. and reciprocity, recognize and enforce a
nonconvention award as a convention award.
The confirmation of a domestic award shall be
made by the regional trial court in accordance Alternative Dispute Resolution Act of 2004,
with the Rules of Procedure to be promulgated by Chapter 7, Sec. 44
the Supreme Court.
A foreign arbitral award when confirmed by a
A CIAC arbitral award need not be confirmed by court of a foreign country, shall be recognized and
the regional trial court to be executory as enforced as a foreign arbitral award and not a
provided under E.O. No. 1008. judgment of a foreign court.
Alternative Dispute Resolution Act of 2004, A foreign arbitral award, when confirmed by the
Chapter 7, Sec. 41 regional trial court, shall be enforced as a foreign
arbitral award and not as a judgment of a foreign
A party to a domestic arbitration may question
court.
the arbitral award with the appropriate regional
trial court in accordance with the rules of A foreign arbitral award, when confirmed by the
procedure to be promulgated by the Supreme regional trial court, shall be enforced in the same
Court only on those grounds enumerated in manner as final and executory decisions of courts
Section 25 of Republic Act No. 876. Any other of law of the Philippines.
ground raised against a domestic arbitral award
shall be disregarded by the regional trial court.
174
Alternative Dispute Resolution Act of 2004, b. Referral to Alternative Dispute Resolution
Chapter 7, Sec. 45 ("ADR");
A party to a foreign arbitration proceeding may c. Interim Measures of Protection;
oppose an application for recognition and
d. Appointment of Arbitrator;
enforcement of the arbitral award in accordance
with the procedural rules to be promulgated by e. Challenge to Appointment of Arbitrator;
the Supreme Court only on those grounds f. Termination of Mandate of Arbitrator;
enumerated under Article V of the New York
Convention. Any other ground raised shall be g. Assistance in Taking Evidence;
disregarded by the regional trial court. h. Confirmation, Correction or Vacation of Award
Appeal from Court Decisions on Arbitral in Domestic Arbitration;
Awards i. Recognition and Enforcement or Setting Aside
Alternative Dispute Resolution Act of 2004, of an Award in International Commercial
Chapter 7, Sec. 46 Arbitration;
A decision of the regional trial court confirming, j. Recognition and Enforcement of a Foreign
vacating, setting aside, modifying or correcting an Arbitral Award;
arbitral award may be appealed to the Court of k. Confidentiality/Protective Orders; and
Appeals in accordance with the rules of
l. Deposit and Enforcement of Mediated
procedure to be promulgated by the Supreme
Settlement Agreements.
Court.
The losing party who appeals from the judgment Summary Proceedings in Certain Cases
of the court confirming an arbitral award shall Part I, Rule 1.3
required by the appealant court to post The proceedings in the following instances are
counterbond executed in favor of the prevailing summary in nature and shall be governed by this
party equal to the amount of the award in provision:
accordance with the rules to be promulgated by
the Supreme Court. a. Judicial Relief Involving the Issue of Existence,
Validity or Enforceability of the Arbitration
Venue and Jurisdiction Agreement;
Alternative Dispute Resolution Act of 2004, b. Referral to ADR;
Chapter 7, Sec. 47
c. Interim Measures of Protection;
Proceedings for recognition and enforcement of
an arbitration agreement or for vacation, setting d. Appointment of Arbitrator;
aside, correction or modification of an arbitral e. Challenge to Appointment of Arbitrator;
award, and any application with a court for
arbitration assistance and supervision shall be f. Termination of Mandate of Arbitrator;
deemed as special proceedings and shall be filled g. Assistance in Taking Evidence;
with the regional trial court (i) where arbitration
h. Confidentiality/Protective Orders; and
proceedings are conducted; (ii) where the asset
to be attached or levied upon, or the act to be i. Deposit and Enforcement of Mediated
enjoined is located; (iii) where any of the parties Settlement Agreements.
to the dispute resides or has his place of
business; or (iv) in the National Judicial Capital
Prohibited Submissions
Region, at the option of the applicant. Part I, Rule 1.6
Special Rules of Court on Alternative Dispute The following pleadings, motions, or petitions
Resolution shall not be allowed in the cases governed by the
Special ADR Rules and shall not be accepted for
Subject Matter filing by the Clerk of Court:
Part I, Rule 1.1 a. Motion to dismiss;
The Special Rules of Court on Alternative Dispute b. Motion for bill of particulars;
Resolution (the "Special ADR Rules") shall apply
to and govern the following cases: c. Motion for new trial or for reopening of trial;
a. Relief on the issue of Existence, Validity, or d. Petition for relief from judgment;
Enforceability of the Arbitration Agreement;
175
e. Motion for extension, except in cases where an a. The facts showing that the persons named as
ex-parte temporary order of protection has been petitioner or respondent have legal capacity to
issued; sue or be sued;
f. Rejoinder to reply; b. The nature and substance of the dispute
between the parties;
g. Motion to declare a party in default; and
c. The grounds and the circumstances relied upon
h. Any other pleading specifically disallowed
by the petitioner to establish his position; and
under any provision of the Special ADR Rules.
d. The relief/s sought.
The court shall motu proprio order a
pleading/motion that it has determined to be Apart from other submissions, the petitioner
dilatory in nature be expunged from the records. must attach to the petition an authentic copy of
the arbitration agreement.
Judicial Relief Involving Issue of Existence,
Validity and Enforceability of Arbitration Part II, Rule 3.7
Agreements The comment/opposition of the respondent must
Judicial Relief Before Arbitration Commences be filed within fifteen (15) days from service of the
Part II, Rule 3.1 petition.
The judicial relief provided in Rule 3, whether Part II, Rule 3.8
resorted to before or after commencement of In resolving the petition, the court must exercise
arbitration, shall apply only when the place of judicial restraint in accordance with the policy set
arbitration is in the Philippines. forth in Rule 2.4, deferring to the competence or
Part II, Rule 3.2 jurisdiction of the arbitral tribunal to rule on its
competence or jurisdiction.
Any party to an arbitration agreement may
petition the appropriate court to determine any Part II, Rule 3.9
question concerning the existence, validity and A petition for judicial relief under this Rule may
enforceability of such arbitration agreement not be commenced when the existence, validity or
serving a copy thereof on the respondent in enforceability of an arbitration agreement has
accordance with Rule 1.4 (A). been raised as one of the issues in a prior action
Part II, Rule 3.3 before the same or another court.
The petition for judicial determination of the Part II, Rule 3.10
existence, validity and/or enforceability of an If the petitioner also applies for an interim
arbitration agreement may be filed at any time measure of protection, he must also comply with
prior to the commencement of arbitration. the requirements of the Special ADR Rules for the
Despite the pendency of the petition provided application for an interim measure of protection.
herein, arbitral proceedings may nevertheless be Part II, Rule 3.11
commenced and continue to the rendition of an
award, while the issue is pending before the Where there is a prima facie determination
court. upholding the arbitration agreement.-A prima
facie determination by the court upholding the
Part II, Rule 3.4 existence, validity or enforceability of an
A petition questioning the existence, validity and arbitration agreement shall not be subject to a
enforceability of an arbitration agreement may be motion for reconsideration, appeal or certiorari.
filed before the Regional Trial Court of the place Such prima facie determination will not, however,
where any of the petitioners or respondents has prejudice the right of any party to raise the issue
his principal place of business or residence. of the existence, validity and enforceability of the
Part II, Rule 3.5 arbitration agreement before the arbitral tribunal
or the court in an action to vacate or set aside the
A petition may be granted only if it is shown that arbitral award. In the latter case, the court’s
the arbitration agreement is, under the applicable review of the arbitral tribunal’s ruling upholding
law, invalid, void, unenforceable or inexistent. the existence, validity or enforceability of the
Part II, Rule 3.6 arbitration agreement shall no longer be limited
to a mere prima facie determination of such issue
The verified petition shall state the following: or issues as prescribed in this Rule, but shall be
a full review of such issue or issues with due
regard, however, to the standard for review for
176
arbitral awards prescribed in these Special ADR Part II, Rule 3.18
Rules.
(A) Period for resolving the petition.- The court
Judicial Relief After Arbitration Commences shall render judgment on the basis of the
Part II, Rule 3.12 pleadings filed and the evidence, if any, submitted
by the parties, within thirty (30) days from the
Any party to arbitration may petition the time the petition is submitted for resolution.
appropriate court for judicial relief from the ruling
of the arbitral tribunal on a preliminary question (B) No injunction of arbitration proceedings. - The
upholding or declining its jurisdiction. Should the court shall not enjoin the arbitration proceedings
ruling of the arbitral tribunal declining its during the pendency of the petition.
jurisdiction be reversed by the court, the parties Judicial recourse to the court shall not prevent
shall be free to replace the arbitrators or any one the arbitral tribunal from continuing the
of them in accordance with the rules that were proceedings and rendering its award.
applicable for the appointment of arbitrator
sought to be replaced. (C) When dismissal of petition is appropriate. -
The court shall dismiss the petition if it fails to
Part II, Rule 3.13 comply with Rule 3.16 above; or if upon
The petition may be filed within thirty (30) days consideration of the grounds alleged and the legal
after having received notice of that ruling by the briefs submitted by the parties, the petition does
arbitral tribunal. not appear to be prima facie meritorious.
Part II, Rule 3.14 Part II, Rule 3.19
The petition may be filed before the Regional Trial The aggrieved party may file a motion for
Court of the place where arbitration is taking reconsideration of the order of the court. The
place, or where any of the petitioners or decision of the court shall, however, not be
respondents has his principal place of business subject to appeal. The ruling of the court affirming
or residence. the arbitral tribunal’s jurisdiction shall not be
subject to a petition for certiorari. The ruling of
Part II, Rule 3.15 the court that the arbitral tribunal has no
The petition may be granted when the court finds jurisdiction may be the subject of a petition for
that the arbitration agreement is invalid, certiorari.
inexistent or unenforceable as a result of which Part II, Rule 3.20
the arbitral tribunal has no jurisdiction to resolve
the dispute. Where the arbitral tribunal defers its ruling on
preliminary question regarding its jurisdiction
Part II, Rule 3.16 until its final award, the aggrieved party cannot
The petition shall state the following: seek judicial relief to question the deferral and
must await the final arbitral award before seeking
a. The facts showing that the person named as
appropriate judicial recourse.
petitioner or respondent has legal capacity to sue
or be sued; A ruling by the arbitral tribunal deferring
resolution on the issue of its jurisdiction until final
b. The nature and substance of the dispute
award, shall not be subject to a motion for
between the parties;
reconsideration, appeal or a petition for
c. The grounds and the circumstances relied upon certiorari.
by the petitioner; and
Part II, Rule 3.21
d. The relief/s sought.
If the arbitral tribunal renders a final arbitral
In addition to the submissions, the petitioner shall award and the Court has not rendered a decision
attach to the petition a copy of the request for on the petition from the arbitral tribunal’s
arbitration and the ruling of the arbitral tribunal. preliminary ruling affirming its jurisdiction, that
petition shall become ipso facto moot and
The arbitrators shall be impleaded as nominal
academic and shall be dismissed by the Regional
parties to the case and shall be notified of the
Trial Court. The dismissal shall be without
progress of the case.
prejudice to the right of the aggrieved party to
Part II, Rule 3.17 raise the same issue in a timely petition to vacate
or set aside the award.
The comment/opposition must be filed within
fifteen (15) days from service of the petition.
177
Part II, Rule 3.22 b. The fact that the arbitral tribunal has not been
constituted, or if constituted, is unable to act or
The arbitral tribunal is only a nominal party. The
would be unable to act effectively;
court shall not require the arbitral tribunal to
submit any pleadings or written submissions but c. A detailed description of the appropriate relief
may consider the same should the latter sought;
participate in the proceedings, but only as
d. The grounds relied on for the allowance of the
nominal parties thereto.
petition
Interim Measures of Protection Apart from other submissions, the petitioner
Part II, Rule 5.1 must attach to his petition an authentic copy of the
A party to an arbitration agreement may petition arbitration agreement.
the court for interim measures of protection. Part II, Rule 5.6
Part II, Rule 5.2 The following, among others, are the interim
A petition for an interim measure of protection measures of protection that a court may grant:
may be made (a) before arbitration is a. Preliminary injunction directed against a party
commenced, (b) after arbitration is commenced, to arbitration;
but before the constitution of the arbitral tribunal,
or (c) after the constitution of the arbitral tribunal b. Preliminary attachment against property or
and at any time during arbitral proceedings but, at garnishment of funds in the custody of a bank or
this stage, only to the extent that the arbitral a third person;
tribunal has no power to act or is unable to act c. Appointment of a receiver;
effectively.
d. Detention, preservation, delivery or inspection
Part II, Rule 5.3 of property; or,
A petition for an interim measure of protection e. Assistance in the enforcement of an interim
may be filed with the Regional Trial Court, which measure of protection granted by the arbitral
has jurisdiction over any of the following places: tribunal, which the latter cannot enforce
a. Where the principal place of business of any of effectively.
the parties to arbitration is located; Part II, Rule 5.7
b. Where any of the parties who are individuals Prior notice to the other party may be dispensed
resides; with when the petitioner alleges in the petition
c. Where any of the acts sought to be enjoined are that there is an urgent need to either (a) preserve
being performed, threatened to be performed or property, (b) prevent the respondent from
not being performed; or disposing of, or concealing, the property, or (c)
prevent the relief prayed for from becoming
d. Where the real property subject of arbitration, illusory because of prior notice, and the court
or a portion thereof is situated. finds that the reason/s given by the petitioner are
Part II, Rule 5.4 meritorious.
The following grounds, while not limiting the Part II, Rule 5.8
reasons for the court to grant an interim measure The comment/opposition must be filed within
of protection, indicate the nature of the reasons fifteen (15) days from service of the petition. The
that the court shall consider in granting the relief: opposition or comment should state the reasons
a. The need to prevent irreparable loss or injury; why the interim measure of protection should not
be granted.
b. The need to provide security for the
performance of any obligation; Part II, Rule 5.9
c. The need to produce or preserve evidence; or After hearing the petition, the court shall balance
the relative interests of the parties and
d. The need to compel any other appropriate act inconveniences that may be caused, and on that
or omission. basis resolve the matter within thirty (30) days
Part II, Rule 5.5 from (a) submission of the opposition, or (b) upon
lapse of the period to file the same, or (c) from
The verified petition must state the following: termination of the hearing that the court may set
a. The fact that there is an arbitration agreement; only if there is a need for clarification or further
argument.
178
If the other parties fail to file their opposition on Part II, Rule 5.11
or before the day of the hearing, the court shall
The court shall not deny an application for
motu proprio render judgment only on the basis
assistance in implementing or enforcing an
of the allegations in the petition that are
interim measure of protection ordered by an
substantiated by supporting documents and
arbitral tribunal on any or all of the following
limited to what is prayed for therein.
grounds:
In cases where, based solely on the petition, the
a. The arbitral tribunal granted the interim relief
court finds that there is an urgent need to either
ex parte; or
(a) preserve property, (b) prevent the respondent
from disposing of, or concealing, the property, or b. The party opposing the application found new
(c) prevent the relief prayed for from becoming material evidence, which the arbitral tribunal had
illusory because of prior notice, it shall issue an not considered in granting in the application, and
immediately executory temporary order of which, if considered, may produce a different
protection and require the petitioner, within five result; or
(5) days from receipt of that order, to post a bond c. The measure of protection ordered by the
to answer for any damage that respondent may arbitral tribunal amends, revokes, modifies or is
suffer as a result of its order. The ex-parte inconsistent with an earlier measure of
temporary order of protection shall be valid only protection issued by the court.
for a period of twenty (20) days from the service
on the party required to comply with the order. If it finds that there is sufficient merit in the
Within that period, the court shall: opposition to the application based on letter (b)
above, the court shall refer the matter back to the
a. Furnish the respondent a copy of the petition arbitral tribunal for appropriate determination.
and a notice requiring him to comment thereon on
or before the day the petition will be heard; and Part II, Rule 5.12
b. Notify the parties that the petition shall be The order granting an interim measure of
heard on a day specified in the notice, which must protection may be conditioned upon the provision
not be beyond the twenty (20) day period of the of security, performance of an act, or omission
effectivity of the ex-parte order. thereof, specified in the order.
The respondent has the option of having the The Court may not change or increase or
temporary order of protection lifted by posting an decrease the security ordered by the arbitral
appropriate counter-bond as determined by the tribunal.
court. Part II, Rule 5.13
If the respondent requests the court for an Any court order granting or denying interim
extension of the period to file his opposition or measure/s of protection is issued without
comment or to reset the hearing to a later date, prejudice to subsequent grant, modification,
and such request is granted, the court shall amendment, revision or revocation by the arbitral
extend the period of validity of the ex-parte tribunal as may be warranted.
temporary order of protection for no more than
twenty days from expiration of the original period. An interim measure of protection issued by the
arbitral tribunal shall, upon its issuance be
After notice and hearing, the court may either deemed to have ipso jure modified, amended,
grant or deny the petition for an interim measure revised or revoked an interim measure of
of protection. The order granting or denying any protection previously issued by the court to the
application for interim measure of protection in extent that it is inconsistent with the subsequent
aid of arbitration must indicate that it is issued interim measure of protection issued by the
without prejudice to subsequent grant, arbitral tribunal.
modification, amendment, revision or revocation
by an arbitral tribunal. Part II, Rule 5.14
Part II, Rule 5.10 Any question involving a conflict or inconsistency

between an interim measure of protection issued
If respondent was given an opportunity to be by the court and by the arbitral tribunal shall be
heard on a petition for an interim measure of immediately referred by the court to the arbitral
protection, any order by the court shall be tribunal which shall have the authority to decide
immediately executory, but may be the subject of such question.
a motion for reconsideration and/or appeal or, if
warranted, a petition for certiorari.
179
The court shall defer action on any pending A petition to recognize and enforce or set aside
petition for an interim measure of protection filed an arbitral award may, at the option of the
by a party to an arbitration agreement arising petitioner, be filed with the Regional Trial Court:
from or in connection with a dispute thereunder (a) where arbitration proceedings were
upon being informed that an arbitral tribunal has conducted; (b) where any of the assets to be
been constituted pursuant to such agreement. attached or levied upon is located; (c) where the
The court may act upon such petition only if it is act to be enjoined will be or is being performed;
established by the petitioner that the arbitral (d) where any of the parties to arbitration resides
tribunal has no power to act on any such interim or has its place of business; or (e) in the National
measure of protection or is unable to act thereon Capital Judicial Region.
effectively.
Part II, Rule 12.4
Part II, Rule 5.16
The court may set aside or refuse the
The court shall assist in the enforcement of an enforcement of the arbitral award only if:
interim measure of protection issued by the
a. The party making the application furnishes
arbitral tribunal which it is unable to effectively
proof that:
enforce.
(i). A party to the arbitration agreement was
Enforcement and Recognition or Setting under some incapacity, or the said agreement is
Aside of an International Commercial not valid under the law to which the parties have
Arbitral Award subjected it or, failing any indication thereof,
Part II, Rule 12.1 under Philippine law; or
Any party to an international commercial (ii). The party making the application to set aside
arbitration in the Philippines may petition the or resist enforcement was not given proper
proper court to recognize and enforce or set notice of the appointment of an arbitrator or of the
aside an arbitral award. arbitral proceedings or was otherwise unable to
present his case; or
Part II, Rule 12.2
(iii). The award deals with a dispute not
(A) Petition to recognize and enforce. - The
contemplated by or not falling within the terms of
petition for enforcement and recognition of an
the submission to arbitration, or contains
arbitral award may be filed anytime from receipt
decisions on matters beyond the scope of the
of the award. If, however, a timely petition to set
submission to arbitration; provided that, if the
aside an arbitral award is filed, the opposing party
decisions on matters submitted to arbitration can
must file therein and in opposition thereto the
be separated from those not so submitted, only
petition for recognition and enforcement of the
that part of the award which contains decisions
same award within the period for filing an
on matters not submitted to arbitration may be
opposition.
set aside or only that part of the award which
(B) Petition to set aside. - The petition to set aside contains decisions on matters submitted to
an arbitral award may only be filed within three arbitration may be enforced; or
(3) months from the time the petitioner receives
(iv). The composition of the arbitral tribunal or the
a copy thereof. If a timely request is made with
arbitral procedure was not in accordance with the
the arbitral tribunal for correction, interpretation
agreement of the parties, unless such agreement
or additional award, the three (3) month period
was in conflict with a provision of Philippine law
shall be counted from the time the petitioner
from which the parties cannot derogate, or, failing
receives the resolution by the arbitral tribunal of
such agreement, was not in accordance with
that request.
Philippine law;
A petition to set aside can no longer be filed after
b. The court finds that:
the lapse of the three (3) month period. The
dismissal of a petition to set aside an arbitral (i). The subject-matter of the dispute is not
award for being time-barred shall not capable of settlement by arbitration under the law
automatically result in the approval of the petition of the Philippines; or
filed therein and in opposition thereto for (ii). The recognition or enforcement of the award
recognition and enforcement of the same award. would be contrary to public policy.
Failure to file a petition to set aside shall preclude
a party from raising grounds to resist In deciding the petition, the Court shall disregard
enforcement of the award. any other ground to set aside or enforce the
180
arbitral award other than those enumerated d. A statement that an arbitral award was issued
above. and when the petitioner received it; and
The petition to set-aside or a pleading resisting e. The relief sought.
the enforcement of an arbitral award on the
Apart from other submissions, the petitioner shall
ground that a party was a minor or an
attach to the petition the following:
incompetent shall be filed only on behalf of the
minor or incompetent and shall allege that (a) the a. An authentic copy of the arbitration agreement;
other party to arbitration had knowingly entered b. An authentic copy of the arbitral award;
into a submission or agreement with such minor
or incompetent, or (b) the submission to c. A verification and certification against forum
arbitration was made by a guardian or guardian shopping executed by the applicant in accordance
ad litem who was not authorized to do so by a with Sections 4 and 5 of Rule 7 of the Rules of
competent court. Court; and
Part II, Rule 12.15 d. An authentic copy or authentic copies of the
appointment of an arbitral tribunal.
Recourse to a court against an arbitral award
shall be made only through a petition to set aside (B) Petition to set aside. - The petition to set aside
the arbitral award and on grounds prescribed by or petition to set aside in opposition to a petition
the law that governs international commercial to recognize and enforce an arbitral award in
arbitration. Any other recourse from the arbitral international commercial arbitration shall have
award, such as by appeal or petition for review or the same contents as a petition to recognize and
petition for certiorari or otherwise, shall be enforce or petition to recognize and enforce in
dismissed by the court. opposition to a petition to set aside an arbitral
award. In addition, the said petitions should state
Part II, Rule 12.6 the grounds relied upon to set it aside.
The application to recognize and enforce or set Further, if the ground of the petition to set aside
aside an arbitral award, whether made through a is that the petitioner is a minor or found
petition to recognize and enforce or to set aside incompetent by a court, there shall be attached to
or as a petition to set aside the award in the petition certified copies of documents
opposition thereto, or through a petition to set showing such fact. In addition, the petitioner shall
aside or petition to recognize and enforce in show that even if the submission or arbitration
opposition thereto, shall be verified by a person agreement was entered into by a guardian or
who has personal knowledge of the facts stated guardian ad litem, the latter was not authorized
therein. by a competent court to sign such the submission
When a petition to recognize and enforce an or arbitration agreement.
arbitral award is pending, the application to set it In either case, if another court was previously
aside, if not yet time-barred, shall be made requested to resolve and/or has resolved, on
through a petition to set aside the same award in appeal, the arbitral tribunal’s preliminary
the same proceedings. determination in favor of its own jurisdiction, the
When a timely petition to set aside an arbitral petitioner shall apprise the court before which the
award is filed, the opposing party may file a petition to recognize and enforce or set aside is
petition for recognition and enforcement of the pending of the status of the appeal or its
same award in opposition thereto. resolution.
(A) Petition to recognize and enforce. - The Upon finding that the petition filed under this Rule
petition to recognize and enforce or petition to set is sufficient both in form and in substance, the
aside in opposition thereto, or petition to set aside court shall cause notice and a copy of the petition
or petition to recognize and enforce in opposition to be delivered to the respondent directing him to
thereto, shall state the following: file an opposition thereto within fifteen (15) days
from receipt of the petition. In lieu of an
a. The addresses of record, or any change thereof,
opposition, the respondent may file a petition to
of the parties to arbitration;
set aside in opposition to a petition to recognize
b. A statement that the arbitration agreement or and enforce, or a petition to recognize and
submission exists; enforce in opposition to a petition to set aside.
c. The names of the arbitrators and proof of their The petitioner may within fifteen (15) days from
appointment; receipt of the petition to set aside in opposition to
a petition to recognize and enforce, or from
181
receipt of the petition to recognize and enforce in appeal or, in the alternative, consolidate the
opposition to a petition to set aside, file a reply. proceedings to set aside with the earlier appeal.
If the court finds that the issue between the It is presumed that an arbitral award was made
parties is mainly one of law, the parties may be and released in due course and is subject to
required to submit briefs of legal arguments, not enforcement by the court, unless the adverse
more than fifteen (15) days from receipt of the party is able to establish a ground for setting
order, sufficiently discussing the legal issues and aside or not enforcing an arbitral award.
the legal basis for the relief prayed for by each of
Part II, Rule 12.13
them.
Unless a ground to set aside an arbitral award
If the court finds from the petition or petition in
under Rule 12.4 above is fully established, the
opposition thereto that there are issues of fact
court shall dismiss the petition. If, in the same
relating to the ground(s) relied upon for the court
proceedings, there is a petition to recognize and
to set aside, it shall require the parties within a
enforce the arbitral award filed in opposition to
period of not more than fifteen (15) days from
the petition to set aside, the court shall recognize
receipt of the order simultaneously to submit the
and enforce the award.
affidavits of all of their witnesses and reply
affidavits within ten (10) days from receipt of the In resolving the petition or petition in opposition
affidavits to be replied to. There shall be attached thereto in accordance with the Special ADR Rules,
to the affidavits or reply affidavits, all documents the court shall either set aside or enforce the
relied upon in support of the statements of fact in arbitral award. The court shall not disturb the
such affidavits or reply affidavits. arbitral tribunal’s determination of facts and/or
interpretation of law.
Part II, Rule 12.10
Part II, Rule 12.14
If on the basis of the petition, the opposition, the
affidavits and reply affidavits of the parties, the Unless otherwise agreed upon by the parties in
court finds that there is a need to conduct an oral writing, at the time the case is submitted to the
hearing, the court shall set the case for hearing. court for decision, the party praying for
This case shall have preference over other cases recognition and enforcement or setting aside of
before the court, except criminal cases. During an arbitral award shall submit a statement under
the hearing, the affidavits of witnesses shall take oath confirming the costs he has incurred only in
the place of their direct testimonies and they shall the proceedings for such recognition and
immediately be subject to cross-examination enforcement or setting aside. The costs shall
thereon. The court shall have full control over the include the attorney’s fees the party has paid or is
proceedings in order to ensure that the case is committed to pay to his counsel of record.
heard without undue delay. The prevailing party shall be entitled to an award
Part II, Rule 12.11 of costs, which shall include reasonable
attorney’s fees of the prevailing party against the
The court when asked to set aside an arbitral
unsuccessful party. The court shall determine the
award may, where appropriate and upon request
reasonableness of the claim for attorney’s fees.
by a party, suspend the proceedings for a period
of time determined by it to give the arbitral Recognition and Enforcement of a Foreign
tribunal an opportunity to resume the arbitral Arbitral Award
proceedings or to take such other action as in the Part II, Rule 13.1
arbitral tribunal’s opinion will eliminate the
grounds for setting aside. The court, in referring Any party to a foreign arbitration may petition the
the case back to the arbitral tribunal may not court to recognize and enforce a foreign arbitral
direct it to revise its award in a particular way, or award.
to revise its findings of fact or conclusions of law Part II, Rule 13.2
or otherwise encroach upon the independence of
an arbitral tribunal in the making of a final award. At any time after receipt of a foreign arbitral
award, any party to arbitration may petition the
The court when asked to set aside an arbitral proper Regional Trial Court to recognize and
award may also, when the preliminary ruling of enforce such award.
an arbitral tribunal affirming its jurisdiction to act
on the matter before it had been appealed by the Part II, Rule 13.3
party aggrieved by such preliminary ruling to the The petition to recognize and enforce a foreign
court, suspend the proceedings to set aside to arbitral award shall be filed, at the option of the
await the ruling of the court on such pending
182
petitioner, with the Regional Trial Court (a) where b. The court finds that:
the assets to be attached or levied upon is
(i). The subject-matter of the dispute is not
located, (b) where the act to be enjoined is being
capable of settlement or resolution by arbitration
performed, (c) in the principal place of business
under Philippine law; or
in the Philippines of any of the parties, (d) if any
of the parties is an individual, where any of those (ii). The recognition or enforcement of the award
individuals resides, or (e) in the National Capital would be contrary to public policy.
Judicial Region. The court shall disregard any ground for opposing
Part II, Rule 13.4 the recognition and enforcement of a foreign
arbitral award other than those enumerated
The recognition and enforcement of a foreign
above.
arbitral award shall be governed by the 1958 New
York Convention on the Recognition and Part II, Rule 13.5
Enforcement of Foreign Arbitral Awards (the The petition shall state the following:
"New York Convention") and this Rule. The court
may, upon grounds of comity and reciprocity, a. The addresses of the parties to arbitration;
recognize and enforce a foreign arbitral award b. In the absence of any indication in the award,
made in a country that is not a signatory to the the country where the arbitral award was made
New York Convention as if it were a Convention and whether such country is a signatory to the
Award. New York Convention; and
A Philippine court shall not set aside a foreign c. The relief sought.
arbitral award but may refuse it recognition and
enforcement on any or all of the following Apart from other submissions, the petition shall
grounds: have attached to it the following:
a. The party making the application to refuse a. An authentic copy of the arbitration agreement;
recognition and enforcement of the award and
furnishes proof that: b. An authentic copy of the arbitral award.
(i). A party to the arbitration agreement was If the foreign arbitral award or agreement to
under some incapacity; or the said agreement is arbitrate or submission is not made in English,
not valid under the law to which the parties have the petitioner shall also attach to the petition a
subjected it or, failing any indication thereof, translation of these documents into English. The
under the law of the country where the award translation shall be certified by an official or
was made; or sworn translator or by a diplomatic or consular
(ii). The party making the application was not agent.
given proper notice of the appointment of an Part II, Rule 13.6
arbitrator or of the arbitral proceedings or was
otherwise unable to present his case; or Upon finding that the petition filed under this Rule
is sufficient both in form and in substance, the
(iii). The award deals with a dispute not court shall cause notice and a copy of the petition
contemplated by or not falling within the terms of to be delivered to the respondent allowing him to
the submission to arbitration, or contains file an opposition thereto within thirty (30) days
decisions on matters beyond the scope of the from receipt of the notice and petition.
submission to arbitration; provided that, if the
decisions on matters submitted to arbitration can Part II, Rule 13.7
be separated from those not so submitted, only The opposition shall be verified by a person who
that part of the award which contains decisions has personal knowledge of the facts stated
on matters not submitted to arbitration may be therein.
set aside; or
Part II, Rule 13.8
(iv). The composition of the arbitral tribunal or the
arbitral procedure was not in accordance with the If the court finds that the issue between the
agreement of the parties or, failing such parties is mainly one of law, the parties may be
agreement, was not in accordance with the law of required to submit briefs of legal arguments, not
the country where arbitration took place; or more than thirty (30) days from receipt of the
order, sufficiently discussing the legal issues and
(v). The award has not yet become binding on the the legal bases for the relief prayed for by each
parties or has been set aside or suspended by a other.
court of the country in which that award was
made; or If, from a review of the petition or opposition,
there are issues of fact relating to the ground/s
183
relied upon for the court to refuse enforcement, Part II, Rule 13.12
the court shall, motu proprio or upon request of
The court shall, only upon grounds provided by
any party, require the parties to simultaneously
these Special ADR Rules, recognize and enforce
submit the affidavits of all of their witnesses
a foreign arbitral award made in a country not a
within a period of not less than fifteen (15) days
signatory to the New York Convention when such
nor more than thirty (30) days from receipt of the
country extends comity and reciprocity to awards
order. The court may, upon the request of any
made in the Philippines. If that country does not
party, allow the submission of reply affidavits
extend comity and reciprocity to awards made in
within a period of not less than fifteen (15) days
the Philippines, the court may nevertheless treat
nor more than thirty (30) days from receipt of the
such award as a foreign judgment enforceable as
order granting said request. There shall be
such under Rule 39, Section 48, of the Rules of
attached to the affidavits or reply affidavits all
Court.
documents relied upon in support of the
statements of fact in such affidavits or reply Special Civil Action for Certiorari
affidavits. Part V, Rule 19.26
Part II, Rule 13.9 When the Regional Trial Court, in making a ruling
The court shall set the case for hearing if on the under the Special ADR Rules, has acted without
basis of the foregoing submissions there is a or in excess of its jurisdiction, or with grave abuse
need to do so. The court shall give due priority to of discretion amounting to lack or excess of
hearings on petitions under this Rule. During the jurisdiction, and there is no appeal or any plain,
hearing, the affidavits of witnesses shall take the speedy, and adequate remedy in the ordinary
place of their direct testimonies and they shall course of law, a party may file a special civil
immediately be subject to cross-examination. The action for certiorari to annul or set aside a ruling
court shall have full control over the proceedings of the Regional Trial Court.
in order to ensure that the case is heard without A special civil action for certiorari may be filed
undue delay. against the following orders of the court.
Part II, Rule 13.10 a. Holding that the arbitration agreement is
The court before which a petition to recognize and inexistent, invalid or unenforceable;
enforce a foreign arbitral award is pending, may b. Reversing the arbitral tribunal’s preliminary
adjourn or defer rendering a decision thereon if, determination upholding its jurisdiction;
in the meantime, an application for the setting
aside or suspension of the award has been made c. Denying the request to refer the dispute to
with a competent authority in the country where arbitration;
the award was made. Upon application of the d. Granting or refusing an interim relief;
petitioner, the court may also require the other
party to give suitable security. e. Denying a petition for the appointment of an
arbitrator;
Part II, Rule 13.11
f. Confirming, vacating or correcting a domestic
It is presumed that a foreign arbitral award was arbitral award;
made and released in due course of arbitration
and is subject to enforcement by the court. g. Suspending the proceedings to set aside an
international commercial arbitral award and
The court shall recognize and enforce a foreign referring the case back to the arbitral tribunal;
arbitral award unless a ground to refuse
recognition or enforcement of the foreign arbitral h. Allowing a party to enforce an international
award under this rule is fully established. commercial arbitral award pending appeal;
The decision of the court recognizing and i. Adjourning or deferring a ruling on whether to
enforcing a foreign arbitral award is immediately set aside, recognize and or enforce an
executory. international commercial arbitral award;
In resolving the petition for recognition and j. Allowing a party to enforce a foreign arbitral
enforcement of a foreign arbitral award in award pending appeal; and
accordance with these Special ADR Rules, the k. Denying a petition for assistance in taking
court shall either [a] recognize and/or enforce or evidence.
[b] refuse to recognize and enforce the arbitral
Part V, Rule 19.27
award. The court shall not disturb the arbitral
tribunal’s determination of facts and/or The petition shall be accompanied by a certified
interpretation of law. true copy of the questioned judgment, order or
184
resolution of the Regional Trial Court, copies of all Part V, Rule 19.32
pleadings and documents relevant and pertinent
A petition for certiorari to the court from the
thereto, and a sworn certification of non-forum
action of the appointing authority or the arbitral
shopping as provided in the Rules of Court.
tribunal allowed under this Rule shall not prevent
Upon the filing of the petition and unless the arbitral tribunal from continuing the
otherwise prescribed by the Court of Appeals, the proceedings and rendering its award. Should the
petitioner shall pay to the clerk of court of the arbitral tribunal continue with the proceedings,
Court of Appeals docketing fees and other lawful the arbitral proceedings and any award rendered
fees of P3,500.00 and dseposit the sum of P500.00 therein will be subject to the final outcome of the
for costs. Exemption from payment of docket and pending petition for certiorari.
other lawful fees and the deposit for costs may be
Part V, Rule 19.33
granted by the Court of Appeals upon a verified
motion setting forth valid grounds therefor. If the The Court of Appeals shall not, during the
Court of Appeals denies the motion, the petitioner pendency of the proceedings before it, prohibit or
shall pay the docketing and other lawful fees and enjoin the commencement of arbitration, the
deposit for costs within fifteen days from the constitution of the arbitral tribunal, or the
notice of the denial. continuation of arbitration.
Part V, Rule 19.28 Part V, Rule 19.34
The petition must be filed with the Court of After the comment is filed, or the time for the
Appeals within fifteen (15) days from notice of the filing thereof has expired, the court shall render
judgment, order or resolution sought to be judgment granting the relief prayed for or to
annulled or set aside. No extension of time to file which the petitioner is entitled, or denying the
the petition shall be allowed. same, within a non-extendible period of fifteen
(15) days.
Part V, Rule 19.29
Part V, Rule 19.35
The arbitral tribunal shall only be a nominal party
in the petition for certiorari. As nominal party, the A certified copy of the judgment rendered in
arbitral tribunal shall not be required to submit accordance with the last preceding section shall
any pleadings or written submissions to the court. be served upon the Regional Trial Court
The arbitral tribunal or an arbitrator may, concerned in such manner as the Court of
however, submit such pleadings or written Appeals may direct, and disobedience thereto
submissions if the same serves the interest of shall be punished as contempt.
justice.
In petitions relating to the recognition and
enforcement of a foreign arbitral award, the
arbitral tribunal shall not be included even as a
nominal party. However, the tribunal may be
notified of the proceedings and furnished with
court processes.
Part V, Rule 19.30
The court shall dismiss the petition if it fails to
comply with Rules 19.27 and 19.28 above, or upon
consideration of the ground alleged and the legal
briefs submitted by the parties, the petition does
not appear to be prima facie meritorious.
Part V, Rule 19.31
If the petition is sufficient in form and substance
to justify such process, the Court of Appeals shall
immediately issue an order requiring the
respondent or respondents to comment on the
petition within a non-extendible period of fifteen
(15) days from receipt of a copy thereof. Such
order shall be served on the respondents in such
manner as the court may direct, together with a
copy of the petition and any annexes thereto.
185

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1

Remedial Law Subject Page Number

I. General Principles Page 3

II. Jurisdiction Page 5

III. Civil Procedure Page 16

IV. Provisional Remedies Page 58

V. Special Civil Actions Page 69

VI. Special Proceedings Page 86

VII. Criminal Procedure Page 103

VIII. Evidence Page 136

IX. Revised Rules on Summary Procedure Page 162

X. Katarungang Pambarangay Page 163

XI. Rules of Procedure for Small Claims Cases Page 166

XII. Rules of Procedure for Environmental Cases Page 167

XIII. Alternative Dispute Resolution Page 173

A third (fourth, etc.)-party defendant may allege 1. It arises out of or is necessarily

Pleadings Allowed under the Rules on Summary Signature and Address

“In contracts containing a condition precedent, no How to Contest Such Documents

Section 22, Rule 14 a) Motion for the issuance of an alias

Agreed statements of facts Delegation of reception of evidence

Judgment on the pleadings Supporting and opposing affidavits shall be made

The requisites of preliminary injunction whether 1. Foreclosure of a mortgage by a government

SPECIAL CIVIL ACTION

summons upon him; or When court may refuse to make judicial

Court may: As to Governing Law/ Rule

FORECLOSURE OF REAL ESTATE Whereas in extrajudicial foreclosure, the

Proceedings for indirect contempt may be (e) Assuming to be an attorney or an officer of a

Which court has jurisdiction Summary Settlement of Estates

Letters Testamentary and of Administration Opposition to issuance of letters

(i) a disclosure of the data or information Quantum of Proof in Application of Issuance

A hearing in chambers may be conducted where Scope

GENERAL MATTERS amount thereof: Provided, however, That in

The acts or omissions complained of as Venue of Criminal Actions

Te v. Court of Appeals, G.R. 126746 (2000) General Rule: Preliminary investigation is

The purpose of the rule requiring a particular 1. The right exists;

Riano, 2016 Search of Moving Vehicle

An attorney or person reasonably believed by the A "psychotherapist" is:

REVISED RULES ON SUMMARY PROCEDURE

RULES OF PROCEDURE FOR SMALL CLAIM CASES

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

ALTERNATIVE DISPUTE RESOLUTION

Sec. 3(a), R.A. 9285 Sec. 18, R.A. 9285

Part II, Rule 5.10 Any question involving a conflict or inconsistency

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