CONSTITUTIONAL PROVISIONS o Coverage

 All kinds of proceedings

Sec. 1, Art. III: Due Process of Law o Distinctions (3)
 No person shal be deprived of life, liberty, or property
without due process of law Sec. 30, Art. VI: Power of the Congress to enact Law increasing
o Violation of due process of law  No opportunity to the Appellate Jurisdiction of the Supreme Court
be heard -> Grave abuse of discretion  No law shall be passed increasing the appellate
o Remedy: Petition for Certiorari, R65 jurisdiction of the Supreme Court as provided in this
 Nor any person be denied equal protection before the Constitution without its advice and concurrence
laws  Can a direct appeal to the SC from the decision of the
o All persons similarly situated must be accorded similar Ombudsman be made?
protection before the laws o No, the provision of S27, RA 6770 (The Ombudsman
o Violations of the right of equal protection  Act of 1987) insofar as it allowed a direct appeal to the
nullification by the SC SC was declared unconstitutional being one which
increased the appellate jurisdcition of the Supreme
Sec. 9, Art. III: Right to Eminent Domain Court (Fabian vs. Desierto)
 No private property shall be taken for public use without  Resolution of the Office of the Ombudsman in criminal cases
payment of just compensation o Remedy: Petition for Certiorari, R65
o What is eminent domain? o But in administrative  R43
 Inherent power the state to take private  Can the SC review the factual basis of the proclamation of
property for public use. martial law or the suspension of the privilege of habeas
 Both real and personal corpus?
o What is compensable taking (NPC vs. Heir of o Yes, as mandated by the Sec. 18, Art. VII of the
Sangkay) Constitution
 Destruction, restriction, diminution or o Certiorari (Lagman vs. Medialdea)
interruption of the right of ownership or of the
common and necessary use and enjoyment of Sec. 1, Art. VIII: Expanded definition of Judicial Power (2007
the property in a lawful manner, lessening or Bar)
destroying its value  Judicial power shall be vested in one Supreme Court and
in such lower courts as may be established by law.
Sec. 11, Art. III: Free Access to Courts and Legal Assistance Judicial power includes the duty of the courts of justice to
(S21, R3, ROC and S19, R41, ROC) settle actual controversies involving rights which are
 Free access to courts and quasi-judicial bodies and legally demandable and enforceable, and to determine
adequate legal assistance shall not be denied by reason of whether or not there has been a grave abuse of discretion
poverty amounting to lack or excess of jurisdction on the part of
o Q: Re Pauper Litigant any branch or instrumentality of the Government.
Sec. 16, Art. III: Right to Speedy Disposition of Cases
 All persons shall have the right to a speedy disposition of Sec. 2, Art. VIII: Power of the Congress to Prescribe the
their cases … Jurisdcition of Courts
  The Congress shall have the power to define, prescribe by the Supreme Court by way of petition for certiorari
and apportion the jurisdiction of the various courts but within 30 days from receipt thereon
may not deprive the …  Is the doctrine of fresh period rule applicable under R64?
 What are the limitations? o No
o Congress cannot deprive the SC of its jurisdiction o Only applicable  rules of appeal
over cases under Sec. 5 of Art, VIII  Issue with an interlocutory order  remedy to seek the
o …. review of the interlocutory order during the appeal of the
decision of the case
Sec. 4(2): Cases decided by the Supreme Court En Banc  Proper remedy in case of adverse of the COA or COMELEC
 Petition for Certiorari under R65 in relation to R64 within
Sec. 5 (1), Art. VIII: Original Jurisdiction of the SC 30 days from notice of the judgment or resolution or from
(R56, ROC) + Writs of Amparo, Habeas Data, Kalikasan and order denying the motion for reconsideration or new trial.
Continuing Mandamus

Sec. 5 (2), Art. VIII:

Sec. 5 (5), Art. VIII: Rule-making Power or Judicial Legislation

of the Supreme Court
 Can the SC amend, repeal, or establish new rules
o Yes, the SC has the power to amend, repeal or even
establish new rules for a more simplified… (Neypes
vs. CA)
 Power of the SC to promulgate rules carries with it the
power to overturn judicial precedents
o (Sec. 23 of RA 9165 declared unconstitutional)
o (Estipona vs. Lobrigo)
Sec. 14, Art. VIII: Constitutional Requirement of
Judgment/Final Orders/Resolution
 Correlate with R36, ROC: decision must state clearly and
distinctly the facts and the law-component of due process
 Violation  Violation of Due Process  Grave abuse of
discretion  R65

Sec. 7, Art. IX-A: Review of the Judgement/Final Orders of the

Constitutional Commissions
 Unless the Constitution or the law otherwise provides,
decision of the constitutional commission shall be revieed
DOCTRINE, PRINCIPLE and RULES
Doctrine of Continuing Jurisdiction or Adherence to
Doctrine of Operative Fact Jurisdiction
 Actual existence of a statute, prior to such determination of
constitutionality, is an operative fact and cannot justly be Doctrine of Judicial Deference
ignored  Rule in which the condition of the court in yielding or
submitting ..
Doctrine of Compassionate Justice (S6, R1)
 Harsh provision of the Doctrine of Ancilliary Jurisdiction
 Power of the court to settle issues which are merely
Residual Power/Jurisdiction of the Court (S9, R41) incidental to the main action
 Gonzales vs. Quirico
Clean hands or dirty hands doctrine
Doctrine of Non-Interference or Doctrine of Judicial Stability  Plaintiff is not entitled to obtain an equitable relief
(R58) because he is acting unethically or in bad faith
 No court can interfere by injunction with the judgment or
orders of another court of concurrent jurisdiction having the Totality Rule
power to grant the relief sought by injunction (S2, R5)

Doctrine of Stale Demands or Laches Doctrine of Exhaustion of Administrative Remedies

(Arradaza vs. CA)  Writ of Kalikasan  DENR first
 If not followed  subject to motion to dismiss
Estoppel by Laches or Equitable Estoppel
(S20, R14) Doctrine of Absention
(Megar Sugar Corp vs. RTC of Iloilo)
Omnibus Motion Rule
Doctrine of Agency by Estoppel or Doctrine of Holding Out (S8, R15) (S1, R9)

Doctrine of Primary Jurisdiction Hypothetical Admission Rule or Assumption of Truth Rule

 (San Miguel vs. Perez) (Municipality of Bulacan vs. Hon. Dumdum)

Doctrine of Hierarchy of Courts Precautionary Principle

 Court will not entertain direct resort to it unless the  When human activities may lead to threats of serious or
redress desired cannot be obtained in the appropriate irreversible damage to the environment that is
courts or where exceptional and compelling scientifically plausible but uncertain, actions shal be
circumstances justify availment of a remedy within and taken to avoid or diminish that threat
calling for the exercise of primary jurisdiction
Doctrine of Election of Remedies
Doctrine of Transcedental Importance
  Doctrine intended to prevent plaintiff from double Principle of non-suited
recovery for a loss, making the person pursue only one  Plaintiff did not appear in the pre-trial conference =
remedy in an action dismissal of the action
 Dismissal will be with prejudice except when the court
Doctrine of exclusivity of venue orders otherwise

Doctrine of party autonomy One day, one witness rule

 Freedom of the parties to make their own arrangements  Examination of the witness must be terminated within 1
to resolve their own disputes day, inclusive of direct, cross, redirect and re-cross
examinations, unless the court will allow otherwise.
Principle of Competence-Competence
 Arbitral tribunal may initially rule on its own jurisdiction, Most important witness rule
including any objections with respect to the existence or  During pre-trial conference, the judge has the discretion
validity of the arbitration agreement, or any condition to determine who are the most important witnesses to be
precedent to the filing of a request for arbitration presented in the trial in order to limit corroborative
(RA9285) testimonies

Doctrine of Separability The Viatory Rights of the Witness Rule

 Arbitration agreement is considered as independent of
the main contract. Principle of Conclusiveness of Judgment/Preclusion of Claims
(?)
Deliberative Process Privilege Information Rule  Binding
 Res judicata
Same Evidence Test Rule
 Whether 2 suits relate to a single or common cause of Principle of Law of the Case
action, such as whether the same evidence would support
and sustain both the first and second causes of action Stare decisis or Adherence to judicial precedents

Doctrine of Lis Pendens (S14R13) Doctrine of preclusion of claim or barred by prior judgment

3 Day Notice Rule Docrtine of preclusion or collateral estoppel (conclusiveness of

(S4R15) judgment)

Doctrine of Auter Action Pendant/Litis Pendentia Doctrine of constant jurisprudence

2 Dismissal Rule (S1R17) Second motion for new trial rule

Doctrine of Non-Prosequitor (S3, R17) Single motion rule (S5R37)

  A person who impugns the validity of statute must have a
Berry Rule personal and direct interest in the case such that he has
 Motion for new trial on the ground of newly discovered sustained or will sustain direct injury as a result
evidence, which he could not, with reasonable diligence,
have discovered and produced at the trial … Material dates rule (S3, S4, R46)
 Date when the judgement or final order or resolution was
Neypes Doctrine received
 Fresh period rule  Date when the MR or NT was diled
 Appeals periods provided in the Rules and to afford  Date when the notice of the denial thereof was received
litigants fair opportunity to appeal their cases
 Proper to allow a fresh period of 15 days within which to Jus Regalis (Sec. 67)
file the notice of appeal from receipt of order denying the  Right to eminent domain has always been considered as a
motion for new trial, mr, or any final order or resolution fundamental state power
(41, 42, 43, 44, 45)
 48 hours – habeas corpus Doctrine of Continuing Public Use

Doctrine of Vicarious Appeal Principle of Judicial Courtesy

(RP vs. Institute for Social Concerns)
Confidential indormation rule

Lord Coke’s Doctrine (S48, R39) Principle of standing beyond natural and juridical persons
 Actionable issues are generally restricted to a review of  A standing or a right to pursue a case which is extended
jurisdcition of the foreign court, the service of personal to a certain..
notice, collusion, fraud, or mistake of fact or law.
Slip Rule
Principle of Prior or Contemporaneous Jurisdiction (R57, R58)
 In enforcing a writ of attachment, it must be preceded by Harmless Error Rule or English Exchequer rule (Sec. 6, Rule 51
or simultaneously accompanied by service of summons,
copy of the complaint

Doctrine of Strong Arm of Equity

 No power the exercise of which is more delicate and
which calls for greater circumspection than the issuance
of an injunction

Vera Doctrine
JURISDICTION

COURT OF APPEALS
Original Jurisdiction (S9, BP 129)
 Proceedings here are not continuation of the proceedings in a
lower court
 Any disposition = adjudication of merits
 The CA shall exercise original jurisdiction over the ff. cases:
o Pet. for certiorari, prohibition, mandamus, quo
warranto, habeas corpus
 Pet. For Writ of Amparo
 Pet. For habeas data
 Pet. For Writ of Continuing Mandamus
 Petition for Writ of Kalikasan
 Petition for freeze order on any monetary instrument,
property or proceeds relating to or involving any unlawful
activity as defined under RA 9160
 Decisions from the aforementioned petitions 

Exclusive Appellate Jurisdiction

 Decisions and final orders of the RTC in the exercise of its
original jurisdiction
 Decisions and final orders of the RTC in the exercise of its
appellate jurisdiction
 Decisions and final orders of the MTCs in delegated
jurisdiction over land registration and cadastral cases
 Shari’ah District Courts in the absence of the station of the
Shari’ah Appellate Courts
 All decisions and fianl orders rendered by the RTC in case of
violation of IP Code shall be appealable to the CA therough a
petition for review under R43 of the ROC
 Awards, judgment, final orders or resolutions of quasi-judicial
bodies

Sandiganbayan