1. Motion for demurrer to evidence.

When to file; effects if granted, effects if denied

Demurrer to evidence is made by the defendant after the prosecution rests its case that it has
completed the presentation of his evidence and where the defendant moves for dismissal on the ground
that upon the facts and the law the plaintiff has shown no right to relief.

If the motion for demurrer to evidence is granted, the case will be dismissed

If the motion for demurrer to evidence is filed with leave of court and the same is denied, the accused
may still adduce evidence in his behalf.

If the motion for demurrer to evidence is filed without leave of court and the same is denied, the
accused waives his right to present evidence and submits the case for judgement based on the evidence
of the prosecution.

2. What is genuine issue?

A genuine issue means an issue of fact which calls for the presentation of evidence, as distinguished
from an issue which is fictitious or contrived so as not to constitute a genuine issue for trial

3. Is the finality of judgment dependent upon the entry of judgment?

YES, the date finality of the judgement or final order shall be deemed to be the date of its entry.

4. When is an appeal perfected? When is an appeal taken?

An appeal is deemed perfected when the notice of appeal has been filed within the reglamentary period
provided for by law or the record on appeal has been approve in due time.

An appeal must be taken within fifteen (15) days from promulgation of the judgment or from notice
of the final order appealed from.

5. Is remedy for relief from judgment, orders, or proceedings available in CA and SC?

NO. The remedy for petition for relief from judgment, orders, or proceedings is not available in the
Court of Appeals and the Supreme Court.

There is no provision in the Rules of Court making the petition for relief applicable in the CA or SC.

The procedure in the CA from Rules 44 to 55, with the exception of Rule 45 which pertains to the
Supreme Court, identifies the remedies available before said Court such as annulment of judgments or
final orders or resolutions (Rule 47), motion for reconsideration (Rule 52), and new trial (Rule
53).Nowhere is a petition for relief under Rule 38 mentioned. Expressio Unius Est Exclusio Alterius
6. What is the law of the case doctrine?

Law of the case has been defined as the opinion delivered on a former appeal, and means, more
specifically, that whatever is once irrevocably established as the controlling legal rule of decision
between the same parties in the same case continues to be the law of the case, whether correct on
general principles or not, so long as the facts on which such decision was predicated continue to be the
facts of the case before the court.

The doctrine of law of the case simply means, therefore, that when an appellate court has once declared
the law in a case, its declaration continues to be the law of that case even on a subsequent appeal,
notwithstanding that the rule thus laid down may have been reversed in other cases. For practical
considerations, indeed, once the appellate court has issued a pronouncement on a point that was
presented to it with full opportunity to be heard having been accorded to the parties, the
pronouncement should be regarded as the law of the case and should not be reopened on remand of
the case to determine other issues of the case, like damages. But the law of the case, as the name
implies, concerns only legal questions or issues thereby adjudicated in the former appeal.

7. After the judgment of the court has become executory, may it amend its decision?

As a general rule, final and executory judgments are immutable and unalterable, except under these
recognized exceptions, to wit: (a) clerical errors; (b) nunc pro tunc entries which cause no prejudice to
any party; and (c) void judgments

8. What are the remedies available against a judgment or order which has become executory?

Remedies after judgment or final order becomes final and executory

(a) Petition for relief from judgment;

(b) Action to annul a judgment;
(c) Certiorari; and
(d) Collateral attack of a judgment.

9. What are the special civil action cases where appeal is already available despite the fact that the
main case is still litigated in the lower court?

(I HAVE NO IDEğA)

Preliminary Injunction?

Attachment?

10. Distinguish question of law from question of fact.

In Republic of the Philippines v. Malabanan, the Court distinguished a question of law from a question of
fact. A question of law arises when there is doubt as to what the law is on a certain state of facts, while
there is a question of fact when the doubt arises as to the truth or falsity of the alleged facts. For a
question to be one of law, the same must not involve an examination of the probative value of the
evidence presented by the litigants or any of them. The resolution of the issue must rest solely on what
the law provides on the given set of circumstances. Once it is clear that the issue invites a review of the
evidence presented, the question posed is one of fact. Thus, the test of whether a question is one of law
or of fact is not the appellation given to such question by the party raising the same; rather, it is whether
the appellate court can determine the issue raised without reviewing or evaluating the evidence, in
which case, it is a question of law; otherwise it is a question of fact

1. When is jurisdiction over the case acquired by the court?

The court acquires jurisdiction over the case upon filing of the appropriate pleading and payment of the
docket and other legal fees

2. Rules on venue

1. Venue of real actions – in the proper court which has jurisdiction over the area wherein real property
involved or a portion thereof is situated.

2. Venue for forcible entry and detainer actions – in the MTC of the municipality or city wherein the
real property or a portion thereof is situated.

3. Venue of personal actions – where the plaintiff or any of the principal plaintiffs resides, or where the
defendant or any of the principal defendants resides, or in the case of a non-resident defendant where
he may be found, at the election of the plaintiff.

3. When should an answer to a complaint be filed?

Section 1. The defendant shall file his answer to the complaint within fifteen (15) days after service of
summons, unless a different period is fixed by the court. (la)

Section 2. Answer of a defendant foreign private juridical entity. — Where the defendant is a foreign
private juridical entity and service of summons is made on the government official designated by law to
receive the same, the answer shall be filed within thirty (30) days after receipt of summons by such
entity. (2a)

Section 3. Answer to amended complaint. — When the plaintiff files an amended complaint as a matter
of right, the defendant shall answer the same within fifteen (15) days after being served with a copy
thereof.

Where its filing is not a matter of right, the defendant shall answer the amended complaint within ten
(l0) days from notice of the order admitting the same. An answer earlier filed may serve as the answer
to the amended complaint if no new answer is filed.

This Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third
(fourth, etc.)—party complaint, and amended complaint-in-intervention.
4. What are the defenses that may be alleged in the answer?

Defenses may either be negative or affirmative.

(a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the
claimant essential to his cause or causes of action.

(b) An affirmative defense is an allegation of a new matter which, while hypothetically admitting the
material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him.
The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of
frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession
and avoidance.

5. Third party complaint

Section 11. Third, (fourth, etc.)—party complaint. — A third (fourth, etc.) — party complaint is a claim
that a defending party may, with leave of court, file against a person not a party to the action, called the
third (fourth, etc.) — party defendant for contribution, indemnity, subrogation or any other relief, in
respect of his opponent's claim. (12a)

6. Motion to dismiss

Section 1. Grounds. — Within the time for but before filing the answer to the complaint or pleading
asserting a claim, a motion to dismiss may be made on any of the following grounds:

(a) That the court has no jurisdiction over the person of the defending party;

(b) That the court has no jurisdiction over the subject matter of the claim;

(c) That venue is improperly laid;

(d) That the plaintiff has no legal capacity to sue;

(e) That there is another action pending between the same parties for the same cause;

(f) That the cause of action is barred by a prior judgment or by the statute of limitations;

(g) That the pleading asserting the claim states no cause of action;

(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned,
or otherwise extinguished;
(i) That the claim on which the action is founded is enforceable under the provisions of the statute
of frauds; and
(j) That a condition precedent for filing the claim has not been complied with. (1a)

7. Can a plaintiff avail of the Bill of Particulars?

YES. As the rules of court provides “Before responding to a pleading, a party may move for a definite
statement or for a bill of particulars of any matter which is not averted with sufficient definiteness or
particularity to enable him properly to prepare his responsive pleading.

The rules provide for a “party”, it did not qualify that such Bill of particulars be only exclusive to either
plaintiff or defendant.

8. What is the effect of the availment of a motion for a bill of particulars?

The filing of a motion of a bill of particulars interrupts to plead, but only if it is sufficient in form and
substance.

If the motion is granted, either in whole or in part, the compliance therewith must be effected within
ten (10) days from notice of the order, unless a different period is fixed by the court. The bill of
particulars or a more definite statement ordered by the court may be filed either in a separate or in an
amended pleading, serving a copy thereof on the adverse party.

A bill of particulars becomes part of the pleading for which it is intended.

9. Complaint- in- intervention

A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or
an interest against both, or is so situated as to be adversely affected by a distribution or other
disposition of property in the custody of the court or of an officer thereof may, with leave of court, be
allowed to intervene in the action. The court shall consider whether or not the intervention will unduly
delay or prejudice the adjudication of the rights of the original parties, and whether or not the
intervenor’s rights may be fully protected in a separate proceeding.

10. Jurisdiction over recovery of ownership of real property

Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts in Civil Cases. – Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts shall exercise:…

(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property,
or any interest therein where the assessed value of the property or interest therein does not exceed
Twenty Thousand Pesos (₱20,000.00) or, in civil actions in Metro Manila, where such assessed value
does not exceed Fifty Thousand Pesos (₱50,000.00) exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses and costs: Provided, That in cases of land not declared for taxation
purposes, the value of such property shall be determined by the assessed value of the adjacent lots.

Section 19(2) of the law, likewise, provides that:

Sec. 19. Jurisdiction in civil cases. – The Regional Trial Court shall exercise exclusive original jurisdiction:

…
(2) In all civil actions, which involve the title to, or possession of, real property, or any interest therein,
where the assessed value of the property involved exceeds Twenty Thousand Pesos (₱20,000.00) or, for
civil actions in Metro Manila, where such value exceeds Fifty Thousand Pesos (₱50,000.00) except
actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which
is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts.

The jurisdiction of the court over an action involving title to or possession of land is now determined by
the assessed value of the said property and not the market value thereof. The assessed value of real
property is the fair market value of the real property multiplied by the assessment level. It is
synonymous to taxable value.The fair market value is the price at which a property may be sold by a
seller, who is not compelled to sell, and bought by a buyer, who is not compelled to buy

11. What is the judicial affidavit rule?

The Judicial Affidavit Rule (A.M. No. 12-8-8-SC), promulgated on September 4, 2012 and made effective
on January 1, 2013, is a procedural innovation which has the ultimate aim of decongesting court dockets
by replacing the direct testimony of parties and witnesses in court with sworn affidavits submitted to
the court and furnished to the opposing party not later than 5 days before the pre-trial, preliminary
conference, or the scheduled hearing with respect to motions and incidents.
The JA is not a pleading nor is it a motion.
12. Petition for relief from judgment

When a judgment or final order is entered, or any other proceeding is thereafter taken against a party in
any court through fraud, accident, mistake, or excusable negligence, he may file a petition in such court
and in the same case praying that the judgment, order or proceeding be set aside.

13. Can a party avail of preliminary injunction pending the proceeding of a petition for relief?

YES. The court in which the petitionfor relief from judgment is filed may grant such preliminary
injunction as may be necessary for the preservation of the rights of the parties, upon the filing by the
petitioner of a bond in favor of the adverse party, conditioned that if the petition is dismissed or the
petitioner fails on the trial of the case upon its merits, he will pay the adverse party all damages and
costs that may be awarded to him by reason of the issuance of such injunction or the other proceedings
following the petition, but such injunction shall not operate to discharge or extinguish any lien which the
adverse party may have acquired upon, the property, of the petitioner.

14. When can the plaintiff enter upon the possession of real property in an expropriation
proceedings?

Upon the filing of the complaint or at any time thereafter and after due notice to the defendant, the
plaintiff shall have the right to take or enter upon the possession of the real property involved if he
deposits with the authorized government depositary an amount equivalent to the assessed value of the
property for purposes of taxation to be held by such bank subject to the orders of the court. Such
deposit shall be in money, unless in lieu thereof the court authorizes the deposit of a certificate of
deposit of a government bank of the Republic of the Philippines payable on demand to the authorized
government depositary.

If personal property is involved, its value shall be provisionally ascertained and the amount to be
deposited shall be promptly fixed by the court.

After such deposit is made the court shall order the sheriff or other proper officer to forthwith place the
plaintiff in possession of the property involved and promptly submit a report thereof to the court with
service of copies to the parties.

15. Is there a need of a demand in a forcible entry and unlawful detainer case?

Demand is not necessary in forcible entry because the possession of the land by the defendant is
unlawful from the beginning as he acquires possession thereof by force, intimidation, threat, strategy

In unlawful detainer, the possession of the defendant is inceptively lawful but it becomes illegal by
reason of the termination of his right to the possession of the property under his contract with the
plaintiff, hence, DEMAND IS NECESSARY.

16. What are the two types of contempt? In what type may the court issue a bench warrant?

Contempt of court is of two kinds, namely: Direct contempt, which is committed in the presence of or so
near the judge as to obstruct him in the administration of justice; and constructive or indirect contempt,
which consists of willful disobedience of the lawful process or order of the court. Indirect contempt is
one not committed in the presence of a court. It is an act done at a distance which tends to belittle,
degrade, obstruct or embarrass the court and justice.

(Indi ko sure pero matyag ko for indirect contempt because: The provision on bench warrant is
expressed under Section 9, Rule 71 of the Rules of Court which states that "[w]hen a respondent
released on bail fails to appear on the day fixed for the hearing, the court may issue another order of
arrest or may order the bond for his appearance to be forfeited and confiscated, or both." ANG
VIOLATION or CONTEMPTUOUS ACT GIN COMMIT OUTSIDE THE COURT) INID KO NI SURE HA

17. Can a defendant who has filed an answer be declared in default?

WHERE ANSWER HAS BEEN FILED, THERE CAN BE NO DECLARATION OF DEFAULT ANYMORE

In Cathay Pacific Airways, Ltd. v. Hon. Romillo, Jr., the Court ruled that it was error to declare the
defending party in default after the answer was filed. The Court was in fact even more emphatic
in Indiana Aerospace University v. Commission on Higher Education: it was grave abuse of discretion to
declare a defending party in default despite the latter’s filing of an answer.

18. Can the MTC dismiss a case outright if tenancy is averred in the answer?

NO it cannot.
Mere invocation of agricultural tenancy does not ipso facto divest the Municipal Trial Court (MTC) of
jurisdiction over a case. This is especially true in cases in which the essential requisites of a tenancy
relationship have not been duly established. The MTC does not lose jurisdiction over a case by the
simple expedient of a party raising as a defense therein. However, it is the duty of the MTC to receive
evidence to determine the then allegation of tenancy; and if after hearing, tenancy had in fact been
shown to be the real issue, the court should dismiss the case for lack of jurisdiction, it is the DAR that
has authority to hear and decide when tenancy is legitimately involved.

19. Execution of a final judgment as a matter of right and a matter of discretion.

Execution shall issue as a matter of right, or motion, upon a judgment or order that disposes of the
action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly
perfected.

Under Section 2, Rule 39 of the Rules of Court, a judgment which is not yet final and executory may be
executed if there is good reason therefor. Such discretionary execution is called "discretionary" because
it is not a matter of right on the part of the prevailing party but is addressed to the sound discretion of
the court. The compelling grounds for the issuance of the writ must be stated in a special order after
due hearing. Aside from the existence of good reasons, the rules also require that the motion for
partial execution should have been filed while the trial court still had jurisdiction over the case.

ADDITIONAL NOTES BASED ON THE TOPICS THAT CAME OUT IN OUR FINALS LAST YEAR AND OTHER
POSSIBLE SOURCES OF QUESTIONS.

1. FRESH PERIOD RULE:

"Fresh period rule," parties who availed themselves of the remedy of motion for reconsideration are
now allowed to file a notice of appeal within fifteen days from the denial of that motion.

The rationale of the "fresh period rule" is:

To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal
their cases, the Court deems it practical to allow a fresh period of 15 days within which to file the notice
of appeal in the Regional Trial Court, counted from receipt of the order dismissing a motion for a new
trial or motion for reconsideration.

Henceforth, this "fresh period rule" shall also apply to Rule 40 governing appeals from the Municipal
Trial Courts to the Regional Trial Courts; Rule 42 on petitions for review from the Regional Trial Courts to
the Court of Appeals; Rule 43 on appeals from quasi-judicial agencies to the Court of Appeals and Rule
45 governing appeals by certiorari to the Supreme Court. The new rule aims to regiment or make the
appeal period uniform, to be counted from receipt of the order denying the motion for new trial, motion
for reconsideration (whether full or partial) or any final order or resolution.6

Neypes elucidates that the "fresh period rule" applies to appeals under Rule 40 (appeals from the
Municipal Trial Courts to the RTC) and Rule 41 (appeals from the RTCs to the CA or this Court); Rule 42
(appeals from the RTCs to the CA); Rule 43 (appeals from quasi-judicial agencies to the CA); and Rule 45
(appeals by certiorari to this Court).7A scrutiny of the said rules, however, reveals that the "fresh period
rule" enunciated in Neypes need NOT apply to Rules 42, 43 and 45 as there is no interruption in the 15-
day reglementary period to appeal. It is explicit in Rules 42, 43 and 45 that the appellant or petitioner is
accorded a fresh period of 15 days from the notice of the decision, award, judgment, final order or
resolution or of the denial of petitioner’s motion for new trial or reconsideration filed.8

The pivotal question is whether the "fresh period rule" is applicable to appeals from conviction in
criminal cases governed by Sec. 6 of Rule 122 which pertinently provides:

Sec. 6. When appeal to be taken. – An appeal must be taken within fifteen (15) days from promulgation
of the judgment or from notice of the final order appealed from. This period for perfecting an appeal
shall be suspended from the time a motion for new trial or reconsideration is filed until notice of the
order overruling the motion has been served upon the accused or his counsel at which time the balance
of the period begins to run. (Emphasis supplied.)

While Neypes was silent on the applicability of the "fresh period rule" to criminal cases, the issue was
squarely addressed in Yu v. Tatad,9 which expanded the scope of the doctrine in Neypes to criminal
cases in appeals of conviction under Sec. 6, Rule 122 of the Revised Rules of Criminal Procedure. Thus,
the Court held in Yu:

While Neypes involved the period to appeal in civil cases, the Court’s pronouncement of a "fresh period"
to appeal should equally apply to the period for appeal in criminal cases under Section 6 of Rule 122 of
the Revised Rules of Criminal Procedure x x x

DOES NOT APPLY TO ADMINISTRATIVE PROCEEDINGS

2. AMENDED JUDGMENT and SUPPLEMENTAL JUDGMENT

There is a difference between an amended judgment and a supplemental judgment. In an amended and
clarified judgment, the lower court makes a thorough study of the original judgment and renders the
amended and clarified judgment only after considering all the factual and legal issues. The amended and
clarified decision is an entirely new decision which supersedes the original decision.

On the other hand, following the Supreme Court's differentiation of a supplemental pleading from an
amending pleading, it can be said that a supplemental decision does not take the place or extinguish the
existence of the original. As its very name denotes, it only serves to bolster or adds something to the
primary decision. A supplement exists side by side with the original. It does not replace that which it
supplements (ASSOCIATED ANGLO-AMERICAN TOBACCO CORPORATION AND FLORANTE DY, VS. COURT
OF APPEALS, HON. CRISPIN C. LARON, G.R. NO. 167237, APRIL 23, 2010 DEL CASTILLO, J.).

3. CLASS SUIT

When the subject matter of the controversy is one of common or general interest to many persons so
numerous that it is impracticable to join all as parties, a number of them which the court finds to be
sufficiently numerous and representative as to fully protect the interests of all concerned may sue or
defend for the benefit of all. Any party in interest shall have the right to intervene to protect his
individual interest.
4. WRIT OH HABEAS DATA

The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act or omission of a public official or employee, or of a
private individual or entity engaged in the gathering, collecting or storing of data or information
regarding the person, family, home and correspondence of the aggrieved party.

5. WRIT OF AMPARO

Writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of a public official or employee, or of a private
individual or entity.

6. ERRORS OF JURISDICTION VS ERRORS OF JUDGMENT

(1) An error of jurisdiction is one where the act complained of was issued by the court without or in
excess of jurisdiction. It occurs when the court exercises a jurisdiction not conferred upon it by law, or
when the court or tribunal although with jurisdiction, acts in excess of its jurisdiction or with grave
abuse of discretion amounting to lack of jurisdiction.

(2) An error of judgment is one which the court may commit in the exercise of its jurisdiction. As long as
the court acts within its jurisdiction, any alleged errors committed in the exercise of its discretion will
amount to nothing more than mere errors of judgment. Errors of judgment include errors of procedure
or mistakes in the court‘s findings.

(3) Errors of judgment are correctible by appeal; errors of jurisdiction are correctible only by the
extraordinary writ of certiorari. Any judgment rendered without jurisdiction is a total nullity and may be
struck down at any time, even on appeal; the only exception is when the party raising the issue is barred
by estoppel.

(4) When a court, tribunal, or officer has jurisdiction over the person and the subject matter of the
dispute, the decision on all other questions arising in the case is an exercise of that jurisdiction.
Consequently, all errors committed in the exercise of said jurisdiction are merely errors of judgment.
Under prevailing procedural rules and jurisprudence, errors of judgment are not proper subjects of a
special civil action for certiorari.

7. QUO WARRANTO

An action for the usurpation of a public office, position or franchise may be commenced by a verified
petition brought in the name of the Republic of the Philippines against:

(a) A person who usurps, intrudes into, or unlawfully holds or exercises a public office, position
or franchise;

(b) A public officer who does or suffers an act which, by the provision of law, constitutes a
ground for the forfeiture of his office; or
 (c) An association which acts as a corporation within the Philippines without being legally
incorporated or without lawful authority so to act.

8. REMEDIES BEFORE A JUDGMENT BECOMES FINAL AND EXECUTORY

(a) Motion for reconsideration (prohibited in a case that falls under summary procedure) (Rules 37,
52);
(b) Motion for new trial (Rules 37, 53); and
(c) Appeal (Rules 40, 41, 42, 43, 45

9. DISTINCTIONS BETWEEN INJUNCTION AND PROHIBITION

1. Injunction is generally directed against a party in the action while prohibition is directed against a
court, tribunal or person exercising judicial powers;
2. Injunction does not involve the jurisdiction of the court, whereas prohibition may be on the
ground that the court against whom the writ is sought acted without or in excess of jurisdiction;
3. Injunction may be the main action itself, or just a provisional remedy in the main action, whereas
prohibition is always a main action. Hence, for temporary restraint in a proceeding for
prohibition, preliminary injunction must be sought therein.

PS. AYAWAN KO RECALL INDI NA GID KO KATANDA SANG IBAN.

I TRIED MY BEST TO LOOK FOR THE ANSWERS. I GOT IT FROM THE NET, BOOK
OF REGALADO AND CODAL, I CANNOT ASSURE YOU THAT THEY ARE 100%
CORRECT BUT BASED ON MY OWN UNDERSTANDING THEY ARE RESPONSIVE TO
THE QUESTIONS (Fingers crossed)

THIS IS ONLY SUPPLETORY IN CHARACTER. IT ONLY SERVES AS AN ADDITIONAL

SOURCE OF INFORMATION. WAG MAGPANIC . GOD BLESS SA ATON 