FEU Remedial Advance Tips (2005)

Central Bar Operations
2005
FEU Institute of Law
RAISING THE BAR OF EXCELLENCE

HEAD: Novo-Mar Ramos; CO-HEAD: Joseph Apsay; MEMBERS: Aisa Asencion; Nieves Elegado; Evalyn Erguiza; Rigie Queen Inguito ;
Xyrha Javier; Laarni Victoria Lim; Alyssa Kristine Luna; Emily Mabanta; Jocelyn Manalo; Caroline Payumo;
Nio Christopher Pura; Roselyn Rabanera; Paulo Emmanuel Ramiro; Donnabel Tenorio
1. JY was convicted of rape with homicide and sentenced to death by the trial court.
The trial court found that a Deoxyribonucleic acid (DNA) match exists between the semen
found in the victims vagina and the blood sample given by JY in open court. JY assailed the
admissibility of the DNA test contending that it was conducted in violation of his right
against self-incrimination.
Is the DNA evidence admissible in light of the fact that we are just beginning to
integrate these advances in science and technology in the Philippine criminal justice system?
Yes. Under Philippine law, evidence is relevant when it relates directly to a fact in issue as to
induce belief in its existence or non-existence. The DNA evidence obtained through PCR [Polymerase
chain reaction] testing and utilizing STR [Short Tandem Repeat] analysis, and which was appreciated by
the court a quo is relevant and reliable since it is reasonably based on scientifically valid principles of
human genetics and molecular biology. The right against self- incrimination is simply against the legal
process of extracting from the lips of the accused an admission of guilt. It does not apply where the
evidence sought to be excluded is not an incrimination but as part of object evidence. (People vs. Joel
Yatar, G.R. No. 150224, May 19, 2004)
2. ABR Co. filed an unlawful detainer suit against A, B and C. The MTCC ruled in favor
of ABR Co., awarding only attorneys fees and litigation expenses. A, B, and C seasonably
filed an appeal to the RTC but failed to put up a supersedeas bond. Upon ABR Co.s ex parte
motion, the RTC issued a writ of execution pending appeal on the ground that because of the
failure of A, B and C to file such bond, the decision of the MTCC became final and
immediately executory.
Rule on the propriety of the issuance of the writ of execution.
The issuance of the writ of execution pending appeal is not proper. Since A, B and C had
seasonably filed an appeal, the judgment of the MTCC did not become final.
As a rule, the filing of a supersedeas bond is mandatory and if not filed, the plaintiff is entitled as
a matter of right to the immediate execution of the judgment. An exception is where the trial court did
not make any finding with respect to any amount in arrears, damages or costs against the defendant, in
which case no bond is necessary to stay the execution of the judgment.
3. What damages can be awarded in ejectment cases?
In ejectment cases, the ONLY damages that can be recovered are the fair rental value or the
reasonable compensation for the use and occupation of the property. Considering that the only issue
raised in ejectment is that of rightful possession, damages which could be recovered are those which the
plaintiff could have sustained as a mere possessor, or those caused by the loss of the use and occupation
of the property, and not the damages which he may have suffered but which have no direct relation to
his loss of material possession.
4. Does the Court of Appeals have the authority to issue immediate execution
pending appeal of its own decision?
No. A judgment of the Court of Appeals cannot be executed pending appeal. Once final and
executory, the judgment must be remanded to the lower court, where a motion for its execution may be
filed only after its entry. In other words, before its finality, the judgment cannot be executed. There can
be no discretionary execution of a decision of the Court of Appeals. In the second place, even in
CBO OVER-ALL CHAIR: Paolo Armas; CO-CHAIR: Beryl Vergara; HEAD-ACADS: Gina Lyn Rubio; CO-HEAD: Joan Bolina;
HEAD-SECRETARIAT: Evangeline Co; HEAD-LOGISTICS: Myrell Gargallo; HEAD-FINANCE: Donnabel Tenorio.
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2005

discretionary executions, the same must be firmly founded upon good reasons. The court must state in a
special order the "good reasons" justifying the issuance of the writ. The good reasons allowing execution
pending appeal must constitute superior circumstances demanding urgency that will outweigh the injuries
or damages to the adverse party if the decision is reversed.
5. When and how to apply for a writ of search and seizure in civil actions for
infringement of Intellectual Property Rights?
Where any delay is likely to cause irreparable harm to the intellectual property right holder or where
there is demonstrable risk of evidence being destroyed, the intellectual property right holder or his duly
authorized representative in a pending civil action for infringement or who intends to commence such an
action may apply ex parte for the issuance of a writ of search and seizure directing the alleged infringing
defendant or expected adverse party to admit into his premises the persons named in the order and to
allow the search, inspection, copying, photographing, audio and audiovisual recording or seizure of any
document and article specified in the order. (Sec. 2, Rule on Search and Seizure in Civil Actions for
Infringement of Intellectual Property Rights, February 15, 2002)
6. What is the difference of preliminary injunction, main action of injunction and
temporary restraining order?
Injunction is a judicial writ, process or proceeding whereby a party is ordered to do or refrain from
doing a certain act. It may be the main action or merely a provisional remedy for and as an incident in
the main action.
The main action for injunction is distinct from the provisional or ancillary remedy of preliminary
injunction which cannot exist except only as part or an incident of an independent action or proceeding.
As a matter of course, in an action for injunction, the auxiliary remedy of preliminary injunction, whether
prohibitory or mandatory, may issue. Under the law, the main action for injunction seeks a judgment
embodying a final injunction which is distinct from, and should not be confused with, the provisional
remedy of preliminary injunction, the sole object of which is to preserve the status quo until the merits
can be heard. A preliminary injunction is granted at any stage of an action or proceeding prior to the
judgment or final order. It persists until it is dissolved or until the termination of the action without the
court issuing a final injunction.
A restraining order, on the other hand, is issued to preserve the status quo until the hearing of
the application for preliminary injunction which cannot be issued ex parte. Under Rule 58 of the
Rules of Court, a judge may issue a temporary restraining order with a limited life of twenty (20) days
from date of issue. If before the expiration of the twenty (20)-day period the application for preliminary
injunction is denied, the temporary restraining order would be deemed automatically vacated. If no
action is taken by the judge on the application for preliminary injunction within the said twenty (20) days,
the temporary restraining order would automatically expire on the 20th day by the sheer force of law,
no judicial declaration to that effect being necessary.
7. Doctrines and Principles
a. Doctrine of Anticipatory Breach
even if the contract is divisible in its performance and the future periodic deliveries are not yet
due, if the obligor has already manifested his refusal to comply with his future obligations, the contract
is entire and the breach is total, hence there can only be one action for damages
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if there is only one delict or wrong, there is a single cause of action, even if there are several
rights violated, and all of those rights violated must be prayed for in one complaint but the single delict or
wrong must be violative of one contract or transaction
b. Doctrine of Judicial Stability
no court has the authority to interfere by injunction with the judgment of another court of
coordinate jurisdiction or to pass upon or scrutinize and much as unjust a judgment of another court
c. Principle of Tacita Reconduccion
defense to an unlawful detainer suit, in case of rural lands, implied new lease is for period
necessary for gathering of fruits which the estate may yield once, in case of urban lands, for a period as
may be fixed by the court depending on length of prior occupation thereof by lessee
d. Principle of Falsa Demonstratio Non Nocet
disregards a secondary description which is wrong and added to one that is complete and
sufficient whenever both descriptions are embodied in the same instrument
e. Principle of Falsus In Uno Falsus In Omnibus
when a witness lied in one part of his testimony, he is also presumed to have lied as to the
rest of his testimony
f. Requisites before application:
1.
witness deliberately and intentionally told a lie
2.
lie necessarily relates to the matter pertinent to the issue
3.
other portions of testimony not affected by the lie are not corroborated by other
evidence in the case
g. Isolated Jurisdiction Rule
only foreign corporations and not just any business organizations or entity can avail
themselves of the privilege of suing before Philippine courts even without a license
h. Doctrine of Preclusion of Issues or Collateral Estoppel
it is otherwise known as the doctrine of conclusiveness of judgment where issues actually and
directly resolved in a former suit cannot again be raised in any future case between the same parties
involving a different cause of action
i. Intervention Pro Interesse Suo
it is a mode of intervention where the stranger desires to intervene for the purpose of
asserting a property right in the rest, or thing, which is the subject matter of the litigation, without
becoming a formal plaintiff or defendant, and without acquiring the control over the course of a litigation,
which is conceded to the main action therein. The mode of intervention of which reference is now made
is denominated in equity procedure the intervention pro interesse suo, and is somewhat analogous to the
trial of a right of property in an action of law, its purpose being to enable a person whose property gets
into the clutches of a court, in a controversy between the others, to go into court and procure it or its
proceeds to be surrendered to him
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j. The Doctrine of Non-interference in Associations

the Courts will not interfere with the internal affairs of an unincorporated association so as to
settle disputes between the members on question of policy, discipline, or internal government, so long as
the government of the society is fairly and honestly administered in conformity with laws and the law of
the land no property or civil rights are invaded.
k. Doctrine of Primary Jurisdiction
if a case is such that its determination requires the expertise, specialized skills and knowledge
of the proper administrative bodies because technical matters or intricate questions of fact are involved,
then relief must first be obtained in an administrative proceeding before a remedy will be supplied by the
courts even though the matter is within the proper jurisdiction of a court.
l. Principle of Exercise of Equity Jurisdiction
this is a situation where the court is called upon to decide a particular situation and release
the parties from their correlative obligations but if it would result in adverse consequences to the parties
and the public, the court would go beyond its powers to avoid negative consequences in the release of
the parties.
8. Give the Supreme Courts reasons in using the so-called Angara Diary to decipher
the intent to resign of former President Estrada who objected to its admissibility in evidence
on the following contentions:
a. it is an out of court statement, hence, prohibited by the Hearsay Rule
b. it is not his diary, hence, not binding on him
c. it is violative of the Res inter alios acta rule
d. only a copy of it was produced and relied upon by the Court, in disregard of the
Best Evidence Rule
a. It is not an out of court of statement. The Angara Diary is part of the pleadings and frequently
referred to by the parties. Estrada had all the opportunity to contest the use of the Diary but he failed to
do so. Assuming it was an out of court statement, still its use is not covered by the hearsay rule. The
Angara Diary contains direct statements of Estrada which can be categorized as admissions of a party.
b. The argument overlooks the Doctrine of Adoptive Admission. An adoptive admission is a
partys reaction to a statement or action by another person when it is reasonable to treat the partys
reaction as an admission of something stated or implied by the other person . The basis of admissibility of
admissions made vicariously is that arising from the ratification or adoption by the party of the
statements which the other person had made. Estrada did not object to the advice of Sen. Pimentel to
consider the option of dignified exit or resignation. His silence on this and other related suggestions can
be taken as an admission by him.
c. The Res inter alios acta rule has several exceptions, one of which is with respect to admissions
by a co-partner or agent. Exec. Sec. Angara was an alter ego of Estrada. He was the Little President. He
was authorized by Estrada to act for him in the critical hours and days before he abandoned Malacanang
Palace. Angara acted for and in behalf of Estrada. Consequently, Estrada is bound by the acts and
declarations of Angara. Under our rules of evidence, admissions of an agent are binding on the principal.
d. It is true that the Court relied not upon the original but only a copy of the Angara Diary as
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published in the Philippine Daily Inquirer. However, the Court did not violate the Best Evidence Rule. It
stated: Production of the original may be dispensed with, in the trial courts discretion, whenever in the
case in hand the opponent does not bona fide dispute the contents of the document and no other useful
purpose will be served by requiring production.
9. A decision of the National Labor Relations Commission (NLRC) became final and
executory when the defendants petition for certiorari was dismissed. Thereafter, the
defendant filed with the NLRC a motion to stay execution on the ground of absolute nullity
of decision. Pending such motion, the defendant filed with the Court of Appeals (CA) a
petition for annulment of judgment of the NLRC. The CA dismissed the petition on the
ground of lack of jurisdiction. Is the CA correct?
Yes. BP 129, as amended, only vests in the Court of Appeals exclusive jurisdiction over actions
for annulment of judgments of Regional Trial Courts. Moreover, annulment is allowed only where the
ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer
available through no fault of petitioners.
10. Is service of summons upon a domestic corporation through any of its employees,
other than those enumerated under Sec. 11, Rule 14 of the Rules of Court, a substantial
compliance with the rule?
No. Under Sec. 11, Rule 14 of the Rules of Court, it is provided that the designation of persons or
officers who are authorized to accept summons for a domestic corporation or partnership is now limited
to the following: president, managing partner, general manager, corporate secretary, treasurer or inhouse counsel. The enumeration is restricted, limited and exclusive following the rule expressio unios est
exclusio alterius. Hence, a service of summons upon not one of those enumerated is invalid.
11. Absolute Corp. filed a petition for certiorari and mandamus with the Court of
Appeals. Only a duplicate original copy of the challenged order of the trial court was
attached to the petition. This was challenged by the other party on the ground that such
attachment violated Sec. 1, Sec. 65 of the Rules of Court which states that the petition shall
be accompanied by a certified true copy of the judgment, order, or resolution subject
thereof. Did the petition suffer from procedural infirmity which merits its dismissal?
No. Sec. 3, Rule 46 of the Rules of Court, as amended by Circular No. 39-98, provides that either
a certified true copy or a duplicate original copy may be attached to the petition.
12. What is a mittimus?
It is the final process for carrying into effect the decision of the appellate court and the
transmittal to the court a quo. It is predicated upon the finality of the judgment.
13. What is the nature of minute resolutions of the Supreme Court?

The SCs minute resolutions denying due course to petitions or dismissing cases summarily for
failure to comply with the formal or substantial requirements laid down by law are actually dispositions on
the merits.
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14. PROVISIONAL DISMISSAL

A case shall not be provisionally dismissed except with the express consent of the accused and with
notice to the offended party. The provisional dismissal of offenses punishable by imprisonment not
exceeding six (6) years or a fine of any amount or both shall become permanent one (1) year after
issuance of the order without having the case revived. With respect to offenses punishable by
imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2)
years after issuance of the order without having the case revived. (Rule 117, Section 8)
15. ELECTRONIC EVIDENCE
Manner of authentication --- before any private electronic document offered as authentic is
recieved, its authenticity must be proved by any means:
a. by evidence that it had been digitally signed by the person puported to have signed the same;
b. by evidence that other appropriate security procedure or devices as may be authorized by the
Supreme Court or by law for authentication of electronic evidence/document were applied to the
document
c. by other evidence showing its integrity and reliability to the satisfaction of the judge
Authentication of electronic signature:
1. by evidence that a method or process was utilized to establish a digital signature and verified the
same
2. by any other means provided by law
3. by any other means satisfactory to the judges as establishing the genuineness of the electronic
signature
Proof of electronically notarized document A document electronically notarized in accordance
with the rules promulgated by the Supreme Court shall be considered as a public document and proved
as a notarial document under the Rules of Court.
16. In case of an appeal from the civil aspect, is the appellate court barred from making a
finding of negligence which was the same issue threshed out in the criminal case for reckless
imprudence of which accused was acquitted?
No. If the guilt of the accused has not been satisfactorily established, he is not exempt form civil
liability which may be proved by preponderance of evidence only. This is contemplated in Article 29 of the
Civil Code, where the civil action for damages is for the same act or omission. Although the two actions
have different purposes, the matters discussed in the civil case are similar to those discussed in the
criminal case. However, the judgment in the criminal proceeding cannot be read in evidence in civil action
to establish any fact there determined, even though both actions involve the same act or omission.
CRIMINAL LAW
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FEU Remedial Advance Tips (2005)

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Central Bar Operations

RAISING THE BAR OF EXCELLENCE

Central Bar Operations

RAISING THE BAR OF EXCELLENCE

Central Bar Operations

RAISING THE BAR OF EXCELLENCE

Central Bar Operations

RAISING THE BAR OF EXCELLENCE

j. The Doctrine of Non-interference in Associations

Central Bar Operations

RAISING THE BAR OF EXCELLENCE

13. What is the nature of minute resolutions of the Supreme Court?

Central Bar Operations

RAISING THE BAR OF EXCELLENCE

14. PROVISIONAL DISMISSAL

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