Beruflich Dokumente
Kultur Dokumente
purple notes
The similar remedies are: (a) action for CONVERSION INTO ORDINARY ACTION:
reformation of an instrument; (b) action to a. File a petition for DECLARATORY
quiet title; and (c) action to consolidate RELIEF under Rule 63 if there is NO
ownership under Article 1607 of the Civil BREACH or VIOLATION of documents
Code. before commencement of the action.
b. File an ORDINARY CIVIL ACTION if
Requisites for Declaratory Relief: there is already a breach or violation of
1. Justiciable controversy; documents before the commencement
2. Adverse claim between real parties in of the action.
interest; c. If at the commencement of the action,
3. Subject matter is a written instrument or there is no breach or violation of
a statute or a law; documents, but before the final
4. Relief sought is to determine the rights termination of the case, a breach or
and duties under the statute; violation of the documents would take
5. There must be no breach or violation of place, the action for declaratory relief
instrument or statute; and may thereupon be CONVERTED into
6. No other available or sufficient remedy. an ordinary civil action, and the parties
7. The issue involved must be ripe for shall be allowed to file such pleadings
judicial determination. as maybe necessary or proper. (Rule 63,
Sec. 6)
The subject matter in a petition for
Conversion to ordinary action is proper if
declaratory relief is any of the following:
filing of petition for declaratory relief but
a) A deed;
before rendition of judgment, a breach or
b) A will; violation of the instrument or statute occurs.
c) A contract or other written
instrument; WHERE REFUSAL TO GRANT
d) A statute; DECLARATORY RELIEF JUSTIFIED:
e) An executive order or regulation; 1. The decision will not terminate the
f) An ordinance; or controversy or uncertainty giving rise to
g) Any other governmental regulation the action; or
(Sec. 1, Rule 63, Rules of Court)
2. The declaration is not necessary and
proper under the circumstances.
The enumeration of the subject matter is
exclusive. Hence, an action not based on
any of the enumerated subject matters Ordinary Action Declaratory Relief
cannot be the proper subject of declaratory Writ of execution is
relief. No writ of execution.
available.
There is breach or No breach or
WHEN DECLARATORY RELIEF IS NOT violation of right. violation of right.
AVAILABLE:
1. Declaration of Citizenship and
Registration Certificate - unilateral in
nature and without conflicting adverse
interest.
Grounds and manner Additional ground for An Action to Quiet Title is an action
of dismissal are dismissal: brought to remove a cloud on title to real
governed by Rules Rule 63, Sec. 5- By property or any interest therein. The action
16 and 17. motion or motu contemplates a situation where an
proprio, court may instrument or a record is apparently valid or
refuse to declare effective but is in truth and in fact invalid,
rights and construe ineffective, voidable or unenforceable, and
instruments if the may be prejudicial to said title to real
decision would not
terminate the
property. This action is then brought to
uncertainty or remove a cloud on title to real property or
controversy which any interest therein. It may also be brought
gave rise to the as a preventive remedy to prevent a cloud
action; or if it is not from being cast upon title to real property or
necessary and any interest therein (Art. 476, Civil Code of the
proper under the Philippines).
circumstances.
The plaintiff need not be in possession of
▪ The concept of a cause of action as “an act or the real property before he may bring the
omission by which a person violates the rights action as long as he can show that he has
of another” under ordinary civil action does a legal or an equitable title to the property
not apply in declaratory relief; there must be
which is the subject matter of the action
NO BREACH OR VIOLATION of the
instrument or statute involved. (Art. 477, Civil Code of the Philippines).
▪ A third-party complaint is improper when the
main case is a special civil action for
declaratory relief.
▪ Compulsory counterclaim based on or arising RULE 64
from the same transaction, deed or contract
or which petition is based may be filed and
REVIEW OF JUDGMENTS
entertained in a Declaratory Relief. AND FINAL ORDERS OR
An Action for Reformation is not an action
RESOLUTIONS OF THE
brought to reform a contract but to reform COMELEC AND COA
the instrument evidencing the contract. The
action for reformation presupposes that
there is nothing wrong with the contract itself A party aggrieved by the judgment, final
because there is a meeting of minds order or resolution of the Commission on
between the parties (Art. 1359, Civil Code of the Elections or Commission on Audit may file
Philippines) A contract does not refer to a deed a petition for certiorari under Rule 65 with
or an instrument but to a meeting of the the Supreme Court (Sec. 2, Rule 64, Rules of
Court).
minds of the parties.
The mode of review under Rule 64 is
The instrument is to be reformed because starkly different from the mode applicable
despite the meeting of the minds of the to the judgment, final order or resolution of
parties as to the object and cause of the another constitutional body, the Civil
contract, the instrument which is supposed Service Commission. The judgment of the
to embody the agreement of the parties Civil Service Commission cannot be
does not reflect their true agreement by assailed by a petition for certiorari to the
reason of mistake, fraud, inequitable Supreme Court but by appeal. This appeal
conduct or accident. The action is brought shall be taken by filing a verified petition for
so the true intention of the parties may be review to the Court of Appeals (R.A. 7902)
expressed in the instrument. in accordance with Rule 43 of the Rules of
Court.
The concept of Consolidation of
Ownership under Art. 1607 of the Civil
Code has its origins in substantive
provisions of the law on sales.
117
>>>>>> PURPLE NOTES COMMISSION
RULE 66 If action was initiated by the OSG,
venue is the City of Manila.
QUO WARRANTO The court has the discretion to reduce
the period for filing of the pleadings.
QUO WARRANTO literally means “by Actions of quo warranto against corporations
with regard to franchises and rights granted
what authority” and is a proceeding or writ
to them as well as their dissolution, covered
issued by the court to determine the right to under the former Rule 66 now fall under the
use an office, position or franchise and to jurisdiction of SEC and are governed by its
oust the person holding or exercising such rules. However, cases involving intra-
office, position, or franchise if his right is corporate disputes and elections of directors
unfounded or if a person performed acts and officers likewise covered under the
considered as grounds for forfeiture of said former Rule 66, have now been transferred
exercise of position, office or franchise. to the jurisdiction of the RTC. (Securities
Regulation Code, Sec 5.2).
The term VACATE need not be stated if there are Preliminary prohibitory and mandatory
other terms definitively implying that the tenant injunction may be granted in forcible entry
should vacate (Golden Gate Realty Corp. vs. CA) and unlawful detainer cases (Secs. 15 and 20,
Rule 70).
However, in La Campana vs. CA, the court ruled
that the rule in Golden Gate will not apply if the
Summary procedure will apply only in the
term of the demand is ambiguous in nature. proceedings in the inferior court. Once it is
appealed to the RTC, rules in Summary
DEMAND MAY BE MADE: Procedure no longer apply.
1. Personally;
Preliminary prohibitory injunction - to prevent
2. By posting it at the premises if no
the defendant from committing further acts of
person is found thereon (Viray vs. CA, G.R. dispossession against the plaintiff.
No. 12076,. February 24, 1998);
3. Substituted service; Preliminary mandatory injunction - to restore
4. Registered mail (Co Keng Kian vs. CA, G.R. possession to plaintiff.
No. 75676, August 29, 1990).
Reference to Barangay Conciliation is not
General Rule: required if plaintiff avails the provisional
Judgment of the MTC against the defendant remedies.
in ejectment proceedings is IMMEDIATELY
EXECUTORY. The existence of a formal contract is NOT
necessary in unlawful detainer. Even if there is no
Exception: STAY of judgment when the
formal contract between the parties there can still
following concur: be an unlawful detainer because implied contracts
1. The defendant perfected his appeal; are covered by ejectment proceedings.
2. He files sufficient supersedeas bond; Possession by tolerance creates an implied
promise to vacate the premises upon the demand
and of the owner. (Peran vs. CFI of Sorsogon, G.R.
3. He deposits with the appellate court the No. L-57259, October 13, 1983)
amount of rent due from time to time
under the contract or in the absence of a Questions to Be Resolved in an Action
contract, the reasonable value of the for Forcible Entry:
use and occupation of the premises on First: Who had actual possession over the
or before the 10th day of each piece of real property?
succeeding month or period.
Second: Was the possessor ousted
therefrom within one year from the filing of
The periodic deposits are designed to
the complaint by force, intimidation, threat,
cover all rentals from the judgment of the
strategy or stealth?
MTC until the final judgment of the appellate
court. Thus, even if an appeal has been
perfected but the required periodic deposits
Third: Does the plaintiff ask for restoration of Purpose And Nature Of Power
possession? (Dizon vs. Concina, G.R. No. L-23756. The power to punish for contempt is inherent in
December 27, 1969) all courts; its existence is essential to the
preservation of order in judicial proceedings and
General Rule: Only issues regarding to the enforcement of judgments, orders, and
possession should be resolved in an mandates of the courts, and consequently, to the
ejectment case. due administration of justice.
Exception: Question of ownership is
necessary for a proper and complete The exercise of the power to punish for contempt
has dual aspect, primarily, the proper punishment
adjudication of the issue of possession of guilty party for his disrespect to the courts; and
(Refugia vs. CA).
secondarily, his compulsory performance of some
General Rule: Third persons are bound by a act or duty required of him by the court and which
he refuses to perform.
judgment in an ejectment case, provided his
possession can be traced from the title of Direct contempt in general is committed in
the defendant, e.g. sublessee. the presence of or so near the court or judge
Exceptions:
as to obstruct or interrupt the proceedings,
1. If the property was acquired before the
before the same.
action;
2. If the property is covered by a Torrens
GROUNDS FOR DIRECT CONTEMPT
Title and the certificate does not state
a. Misbehavior in the presence of or so
that the property is subject to a pending
near a court as to obstruct or interrupt
action and he bought the same in good
the proceedings.
faith.
b. Disrespect towards the court.
c. Offensive personalities towards others.
JUDGMENT
d. Refusal to be sworn or to answer as
The court can award damages in ejectment
witness or to subscribe an affidavit or
cases PROVIDED the damages refer only
deposition when lawfully required to do
to:
so. (Sec. 1, Rule 71)
1. The fair and reasonable value of the use
and enjoyment of the property or the A pleading containing derogatory, offensive
rent arising from the loss of possession; or malicious statements when submitted
2. Arrears; before or court or judge in which the
3. Liquidated damages since they are proceedings are pending is direct contempt
already part of the contract. (Dantes vs. Caguioa, 461 SCRA 257).
Exceptions:
1. Provisionally, ownership may be
RULE 73 determined for the purpose of including
property in inventory, without prejudice
VENUE AND PROCESSES to its final determination in a separate
action;
SETTLEMENT OF ESTATE OF 2. When the parties are all heirs of the
DECEASED PERSONS: decedent and they submit the issue of
Purpose: To strive to have the estate settled ownership to the probate court, provided
in a speedy manner so that the benefits that the rights of 3rd parties are not
derived therefrom may be immediately impaired; and
enjoyed by the heirs and beneficiaries. 3. The question is one of collation or
advancement. arellano law
Modes of Settlement Of Estate:
1. Extrajudicial through: PROCEDURE IN SETTLEMENT
Affidavit of Adjudication PROCEEDINGS:
Extrajudicial Partition Probate of a Will, if any
2. Judicial through: (Rule 75-76)
Probate Proceedings
Partition (Rule 69)
Summary Settlement of Estates of
Issuance of Letters
Small Value Testamentary / Administration
(A Special Administrator may be appointed)
Different Modes of Settlement of Estate (Rule 77-80)
of Deceased Persons, As Provided for
Under the Rules of Court:
1. Extrajudicial Settlement of Estate (Rule
74, Sec. 1); Filing of Claims
2. Partition (Rule 69); (Rule 86)
3. Summary Settlement of Estate of Small
Value (Rule 74, Sec. 3);
4. Probate of Will (Rule 75-79);
Payment of Claims
5. Petition for Letters of Administration in Sale/Mortgage/Encumbrance of Properties
cases of Intestacy (Rule 79). of the Estate
EXTENT OF JURISDICTION:
Probate courts are courts of LIMITED,
SPECIAL & EXCLUSIVE jurisdiction.
LIMITED AND SPECIAL because it may only
determine and rule upon issues relating to
Remedy if the Venue Is Improperly Laid:
Distribution of Residue, if any Ordinary appeal NOT certiorari or
(but this can be made even before mandamus, unless want of jurisdiction
payment if bond is filed by the heirs) appears on the record of the case.
General Rule: Holographic will if destroyed Property of foreigner – follow Art. 16, Civil
cannot be probated. Code
Exception: If there exists a photostatic or
The will probated abroad should be treated as if it
Xerox copy thereof. (Gan vs. Yap, 104 Phil. 509) were an original will or a will that is presented for
the first time. Thus, publication and notice by mail
or personally to the known heirs, legatees and
Substantial Compliance Rule: If devisees of the testator residing in the Philippines
and to the executor, if he is not the petitioner, are
the will has been executed in
required. (Salud Teodoro vda. de Perez vs.
substantial compliance with the Tolete, 232 SCRA 722)
formalities of the law, and the Administration extends only to the
possibility of bad faith and fraud is assets of the decedent found within the
obviated, said will should be state or country where it is granted, so
that an administrator appointed in one
admitted to probate (Art. 809,
state or country has no power over
NCC).Separate wills which conatin property in another state or country.
essentially the same provisions and
pertain to properties which in all TYPES OF ESTATE PROCEEDINGS:
probability are conjugal in nature, 1. Ancillary Administration
practical considerations dictate their – administration proceeding where he
joint probate (Vda. De Perez vs. Tolete, left his estate;
G.R. No. 76714, June 2, 1994).
2. Domiciliary Administration
– the proceeding instituted in the last
residence of the decedent.
Requisites:
REPROBATE 1. There must be a will (inferred from
A will allowed to probate in a foreign the wordings of Rule 77);
country must be reprobated in the 2. Filing of:
Philippines. 3. Notice of time and place of hearing;
4. Hearing; and
Matters To Be Established By The 5. Certificate of allowance.
Proponent In The Proceedings for
Reprobate In The Philippines: Estate, How Administered (Sec. 4)
1. Letters testamentary or administration does not appoint any executor, or if
with a will annexed shall extend to all appointed, said person is either
estates of the Philippines; incapacitated or unwilling to serve as
2. Such estate, after the payment of just suc.
debts and expenses of administration,
shall be disposed of according to the Letter Testamentary – the authority issued
will, so far as such will may operate to an executor named in the will to
administer by the decedent and carry out the
upon it, and the residue, if any, shall be provisions thereof.
disposed of as provided by law in cases
of estates in Philippines belonging to Letter of Administration – the authority
persons who are inhabitants of another issued to an administrator of the estate
state or country. when:
1. No executor is named;
2. Executor is incompetent;
3. Executor refused the trust;
RULE 78 4. Executor failed to give a bond;
5. Executor died; or
LETTER TESTAMENTARY 6. Executor resigned.
AND OF 7. There’s no will or will not allowed to
probate
ADMINISTRATION WHEN
AND TO WHOM ISSUED Who may serve as an executor or
administrator?
Any COMPETENT person may serve as
Person Who Can Administer the Estate: executor or administrator.
1. Executor;
2. Administrator (regular or special); (Rule EXECUTOR ADMINISTRATOR
80) Appointed by the
3. Administrator with a will annexed. (Rule court in case the
79, Sec. 1)
testator did not
Persons Incompetent To Serve As appoint an executor
Executors And Administrators: Nominated by the or the executor
1. Minor; testator and refused appointment
2. A non-resident of the Philippines; appointed by court (administrator with a
3. Those who are in the opinion of the will annexed)or if the
court, are unfit to execute the duties of will disallowed or if a
the trust by reason of: person did not make
a. Drunkenness; a will (intestate
b. Improvidence; succession)
c. Want of understanding or integrity; Must present will to
d. Conviction of an offense involving the court within 20
moral turpitude. days after he knows
of the death of
Executor – the person named in the will to testator or after he
administer the decedent's estate and carry knew that he was
out the provisions thereof. appointed as No such duty.
Administrator – the person appointed by
executor (if he
the court (1) to administer the estate where obtained such
the decedent died intestate; or (2) where the knowledge after
will was void and not allowed to probate; or death of testator),
(3) where no executor was named in the will; unless the will has
or (4) the executor named therein is reached the court in
incompetent or refuses to serve as such. any matter.
Testator may provide
Administrator with a will annexed – that he may serve
the one appointed by the court in cases without a bond (BUT He must always give
when, although there is a will, the will court may direct him a bond.
to give a bond
conditioned only to RULE 79
pay debts)
Compensation may OPPOSING ISSUANCE OF
be provided for by Compensation is LETTERS TESTAMENTARY
the testator in the governed by Sec. 7,
will, otherwise Sec. Rule 85.
7, Rule 85 will be Opposition To Issuance Of Letters
followed. Testamentary; Simutaneous Petition For
Administration(Sec.1)
Order of Preference in the Appointment
of Administrator: The main issue is the determination of the
1. Surviving husband or wife, as the case person who is rightfully entitled to
may be, or next of kin, or both; or administration.
2. To such person as the surviving
husband or wife or next of kin requests Persons to oppose the issuance of
to have been appointed; or letters: Any person interested in the will.
3. Principal creditors competent and willing
to serve; or Ground for Opposition: Incompetence
4. Such other person as the court may Opposition may be accompanied by a
select. Petition for the issuance of Letters of
Administration with the will annexed.
Next of Kin – persons who are entitled to
the decedent's property under the statute of Contents of a Petition for Letters of
distribution. Administration:
Nearest of kin is preferred in the choice
1. Jurisdictional facts;
of administrator.
a. Death of the testator;
Interest in the estate of the deceased Is the b. His residence at the time of his
principal consideration in the appointment of death; and
administrator. (Gonzales vs. Aguinaldo, 190 c. If domiciled in a foreign country,
SCRA 112)
where his estate located.
Order of preference in appointing regular 2. Names, ages and residences of the
administrator may not be followed by the heirs and creditors of the decedent;
court, but is discretionary upon them. 3. Probable value and character of the
(Matias vs. Gonzales)
property of the estate; and
Note: The Order of Appointment of Regular 4. Name of the person for whom letters of
Administrator is final and appealable. administration are prayed.
No defect in the petition shall render void the
Basis for the Preferential Right: The issuance of the letters of administration.
underlying assumption is that those who will
Interested Party – one who will be benefited
reap the benefits of a wise, speedy and
by the estate such as an heir, or one who
economical administration of the estate or has a claim against the estate. Their interest
on the other hand, suffer the consequences must be material and direct, not merely
of waste, improvidence or mismanagement, indirect or contingent.
have the higher interest and most influential
motive to administer the estate correctly. Where an heir has validly assigned all his
(Gonzales vs. Aguinaldo, G.R. No. 74769 September rights to the estatee before the institution of
28, 1990) settlement proceedings thereover, he no
longer has the requisite interest to participate
Note: co-administrators may be appointed therein.
for the benefit of the estate and those Where the assignment is made during the
interested therein. (Matute vs. CA, G.R. No. pendency of the settlement proceedings, it
26751, January 31, 1969) requires the approval of the court. However,
even if that assignment has been approved
by the court, such approval is not deemed
final until the proceeding over the estate is
closed, as such approval can still be SPECIAL ADMINISTRATOR – the person
vacated, hence the assignor remains as an appointed by the probate court to care for
interested party in the proceeding. and preserve his estate until an executor or
general administrator is appointed. (Tule vs.
Court To Set Time For Hearing. Notice CA, 74 SCRA 1189)
Thereof (Sec. 3)
When may a probate court appoint a
Publication for three (3) weeks and the special administrator?
notice to heirs, creditors and other persons 1. Delay in granting of letters by any
believed to have an interest in the estate is cause including appeal in the
required before hearing. probate of the will;
2. Executor is a claimant of the estate
Note: Section 3 of this Rule is she represents. t(Section 8, Rule
JURISDICTIONAL. 86)
Where no notice as required by this section
has been given to persons believed to have Note: In the second instance, the
an interest in the estate of the deceased administrator shall have the same powers as
person, the proceeding for the settlement of that of a general administrator.
the estate is void and should be annulted.
(Eusebio vs. Valmores G.R. No. L-7019, May 31, 1955)
Order of Appointment (Discretionary):
Opposition To Petition For The preference accorded by Sec. 6 of Rule
Administration(Sec.4) 78 of the appointment of a regular
administrator, NOT to that of special
Grounds for opposition: administrator, and that the order appointing
1. Incompetence: the latter lies within the discretion of the
2. Preferential right of the heir under probate court, and is not appealable. (Pijuan
vs. De Gurrea, G.R. No. L-21917, November 29,1966)
Sec.6, Rule 78.
ADMINISTRATOR SPECIAL
Hearing And Order For Letters To ADMINISTRATOR
Issue(Sec.5) Appointment may be the Appointment is an
subject of appeal. interlocutory order and
may not be the subject of
Leters of Administration shall issue if it is an appeal.
proven that: One of the obligations is Cannot pay debts of the
1. Notice as required in Sec. 3 was given; to pay the debts of the estate.
estate.
and:
Appointed when Appointed when there is
2. The decendent left no will; or there is no decendent died intestate delay in granting letters
competent and willing executor. or did not appoint an testamentary or
executor in the will or will administration or when the
was disallowed. executor is claimant of the
When Letters Of Administration Granted estate.
To Any Applicant (Sec.6)
Powers And Duties Of Special
Letters can be granted to any person or any Administrator (Sec.2)
other applicant even if other competent 1. Possession and charge of the goods,
persons are present if the latter fail to claim chattels, rights, credits, and estate of the
their letters when notified by the court. deceased;
2. Preserve the same;
3. Commence and maintain, suit for the
estate;
RULE 80 4. Sell ONLY:
a. Perishable property; and
SPECIAL b. Other property ordered sold by the
ADMINISTRATOR court;
5. Pay debts ONLY as may be ordered by
the court.
The special administrator has also the duty does not apply to the appointment of
to submit an inventory and to render an special administrator.
accounting of his administration as required
by the terms of his bond. (Sec 4, Rule 81) Nature of Duty: A special administrator is
deemed an officer of the court subject to the
When Powers Of Special Administrator supervision and control of the probate court.
Cease; Transfer Of Effects. Pending
Suits(Sec. 3) Appointment of Special Administrator:
NOT APPEALABLE, merely interlocutory.
When does the power of a special Remedy: Certiorari under Rule 65.
administrator cease?
After the questions causing the delay are Powers And Duties of Special
resolved and letters are granted to regular Administrator:
executor or administrator. 1. To take possession and charge of the
goods, chattels, rights, credits and
Is an appointment of a special estate of the deceased;
administrator appealable? 2. To commence and maintain suits as
NO, as expressly provided for in Sec. 1, administrator;
Rule 109. HOWEVER, appointment of a 3. To sell perishable properties and others
regular administrator is because it is final which the court orders; and
order. 4. To pay debts of the deceased as
ordered by the court.
Note: It is possible for the executor or
administrator whose appointment is Time When the Power of A Special
challenged by appeal to be appointed also Administrator Ceases: After the letters are
as the special administrator pending such granted to a regular executor or
appeal. administrator.
RULE 83 RULE 84
INVENTORY AND POWERS OF EXECUTOR /
APPRAISAL ADMINISTRATOR OF THE
ESTATE
The executor or administrator shall
make an inventory and appraisal of the Powers of Executor / Administrator of
estate of the deceased within 3 months The Estate:
after his appointment. 1. To have access to, and examine and
The administrator is also accountable take copies of books and papers relating
for a true and complete inventory of all to the partnership in case of a deceased
the property belonging to the estate, partner;
which has come to his knowledge. 2. To examine and make invoices of the
The 3-month period provided herein is property belonging to the partnership in
not mandatory and the court retains case of a deceased partner;
jurisdiction even if the inventory is filed 3. To make improvements on the property
after said period, but such delay, if not under administration with the necessary
satisfactorily explained, may be a court approval except for necessary
ground for the removal of the repairs; and
administrator under Section 2, Rule 82. 4. To possess and manage the estate
when necessary:
Certain Articles Not To Be Inventoried a. For payment of debts;
(Sec.2) b. For payment of expenses of
1. Wearing apparel surviving spouse administration.
and minor children;
2. Marriage bed and bedding; Some Restrictions on the Power of an
Administrator or Executor
3. Provision and other articles as will
1. Cannot acquire by purchase, even
necessarily be consumed in the at public or judicial auction, either in
subsistence of the family of the person or mediation of another, the
deceased. property under administration;
2. Cannot borrow money without
authority of the court;
3. Cannot speculate with funds under 2. Filing a petition in the administration
administration; proceedings for the probate court to
4. Cannot lease the property for more allow the same and to direct the
than one year; payment of his fee as an expense of
5. Cannot continue the business of the administration.
deceased unless authorized by the
court; Where an attorney renders services to the
6. Cannot profit by the increase or administrator or executor personally aid in
decrease in the value of the the execution of his trust, the administrator
property under administration. or executor is liable for the fees, as
expenses of administration where the same
is reasonable and beneficial to the estate (Uy
Tioco vs. Imperial et al., 53 PHIL 802).
Absolute claim is such a claim as, if If the creditor fails to obtain full recovery
contested between living persons, would be of his claim, he may obtain a deficiency
proper subject of immediate legal action and judgment and file it as a claim against
would supply a basis of a judgment for a the estate in the manner provided by
sum certain. this Rule, provided that he does so
within the period for the filing of claims
Contingent claim is a conditional claim or against the estate, otherwise it will be
claim that is subject to the happening of a barred.
future uncertain event. These remedies are ALTERNATIVE.
The judgment approving or disapproving
Claims Not Barred Even If Filed Beyond a claim is appealable as in ordinary
The Time Limit: cases.
1. Claims which can be set forth as Judgment against executor and
counterclaims; administrator shall not create any lien
2. In cases where an E/A commences or upon the property of the estate or give
prosecutes an action already to the judgment creditor any priority of
commenced by the deceased in his payment. (Sec. 13)
lifetime, the debtor by answer may set
forth his claims against the decedent;
2. When the time allowed for paying debts
CLAIMS EXTINGUISHED ACTIONS WHICH has expired.
BY DEATH SURVIVE
Personal to either of the Claim is not extinguished
The prohibition applies only to heirs or
parties and is by death but shall be
extinguished by death prosecuted as a money devisees and not to a donee inter vivos who
claim against the estate of may file an action to compel the
the deceased administrator to deliver the property donated.
Examples: legal Example: contractual
separation, annulment of money claim Powers Given to Administrators or
marriage, declaration of Executors Which Require Court
nullity of marriage
Approval:
1. Compound with the debtor of the
deceased for a debt due; and
2. Give a discharge of such debt on
RULE 87 receiving a just dividend of the estate of
ACTIONS BY AND the debtor.
AGAINST EXECUTORS Powers Given to Administrator or
AND ADMINISTRATORS Executor Which Do Not Require Court
Approval:
Actions That May Be Brought Against 1. Foreclose any mortgage belonging to
Executor or Administrator: the estate of the deceased; and
1. Actions to recover real or personal 2. Enforce payment on the mortgage debt
property or an interest therein; on behalf of the estate of the deceased.
2. Actions to enforce a lien thereon; and
3. Actions to recover damages for an injury Instances Contemplated By Rule 87, Sec.
to person or property, real or personal. 6: Where a person is:
1. Suspected of having concealed any of the
Actions That May Not Be Brought money, goods or chattels of the deceased;
Against Executor Or Administrator: 2. Suspected of having embezzled any of the
1. Actions for the recovery of money or money, goods or chattels of the deceased;
debt or interest thereon; (Sec. 1) and 3. Suspected of having conveyed away any
2. If the action would result in a direct of the money, goods or chattels of the
charge upon the estate, the executor or deceased;
administrator is to be sued in his 4. In possession of any deed, conveyance,
representative capacity. bond, contract or other writing which
contains evidence of or tends to disclose
Actions Which the Executor or the right, title, interest or claim of the
Administrator May Bring or Defend: deceased to real or personal estate, or the
1. Actions for the recovery or protection of last will and testament of the deceased;
the property or rights of the deceased; 5. With knowledge of any deed, conveyance,
2. The executor or administrator has the bond, contract or other writing which
right to sue upon any cause of actions contains evidence of or tends to disclose
the right, title, interest or claim of the
which accrued to the decedent during
deceased to real or personal estate, or the
his lifetime.
last will and testament of the deceased.
arellano law
General Rule: Heirs or devisees are
prohibited from suing the Administrator or Remedies of the Court When the
Executor for recovery of title to, or Property is Concealed,
possession of, or for damages done to lands Embezzled or Fraudulently
of the estate while the Administrator or Conveyed:
Executor is still discharging his functions. 1. May cite the suspected person to
Exceptions: appear before it and may examine him
1. Where there is already an order of the under oath on the matter;
court assigning the lands to the heirs or 2. May punish him for contempt and
devisees; and commit him to prison until he submits to
the orders of the court.
a. If not disputed – creditor will receive
Property fraudulently conveyed payment
by the deceased to defraud the creditors b. If disputed – should be proved before
may be recovered by executor or the court
administrator in an action for the benefit of 2. If not presented within the 2-year period:
the creditors. (Sec. 9) a. If allowed by the court – the court
If the executor or administrator
may order the distribution of the
has not commenced action, any creditors of
assets retained in the hands of the
the estate may, with permission from the
court, prosecute to final judgment the Administrative or Executor to the
recovery of property in the name of executor claimant. If the property is already in
or administrator. (Sec. 10) the hands of the distributees, claimant
may maintain an action against the
distributees to recover the debt.
Distributees shall be liable for the debt
in proportion to the amount of the
RULE 88 estate they have recovered from the
PAYMENT OF THE DEBTS property of the deceased.
b. If not allowed – claimant will not
OF THE ESTATE receive payment
B. Qualifications of Guardians:
RULE 97 1. Moral character;
TERMINATION OF 2. Physical, mental and psychological
GUARDIANSHIP condition;
3. Financial Status;
4. Relationship of trust with the minor;
GROUNDS FOR TERMINATION: 5. Availability to exercise the powers and
Minor Incompetent duties of a guardian for the full period of
The ward has 1. Comp
guardianship;
come of age; or etency of the ward 6. Lack of conflict of interest with the minor;
has died has been judicially and
determined; or 7. Ability to manage the property of the minor.
2. Guard
ianship is no longer Who May Be Appointed Guardian of the
necessary. Person Or Property, Or Both, of A Minor:
In default of parents or a court - appointed
Sec. 3 is inoperative because there is no guardian, the court may appoint the following,
such thing as emancipation by marriage or observing as far as practicable, the order of
voluntary emancipation by reason of the
preference:
lowering of the age of majority to 18. (R.A.
6809) 1. The surviving grandparent and in case
Sec. 4 is also inoperative by reason of the several grandparents survived, the court
removal of the municipal court’s jurisdiction shall select any of them taking into account
over guardianship proceedings under B.P. relevant considerations;
129, as amended. 2. The oldest brother or sister of the minor over
The court which appointed the guardian 21 years of age, unless unfit or disqualified;
is also the court competent to decide the 3. The actual custodian of the minor over 21
petition for restoration of capacity which years of age, unless unfit or disqualified; or
4. Any other person who in the sound declined or resigned the trust. (Rule 98, Sec.
discretion of the court would serve the best 5)
interest of the minor. (Sec. 6) The non-acceptance of trustee is not
sufficient for failure of trust. Remedy is to go
to court for appointment of a trustee.
Trustor – a person who establishes the trust. The court may cancel such exemption at any
time and the trustee required to forthwith file
Trustee – a person in whom confidence is a bond.
reposed as regards property or one who takes and
holds legal title to the trust property for the benefit
of another. Conditions Included In the Bond To Be
Performed By the Trustee:
Beneficiary – a person for whose benefit the trust 1. To make and return to the court, at such
has been created.
time as it may order, a true inventory of
Kinds of Trusts: all the real and personal estate
1. Express – those created by the belonging to him as trustee;
intention of the trustor or the parties 2. To mortgage and dispose of all such
(Articles 1443-1446 of the Civil Code) estate, and faithfully discharge his trust
2. Implied – those that came into being by in relation thereto;
operation of law (Articles 1447-1457 of the 3. To render a true account of the property
Civil Code) in his hands at least once a year; and
4. To settle his accounts in court at the
This rule applies only to express trusts as expiration of his trust.
these are understood in Arts.1443-1446 of
the Civil Code, and does not apply to implied Note: Requirement of court order when
trusts which arise by operation of law. there is a sale/encumbrance of trust estate.
Who May File Petition for Appointment of Distinction Between the Duties of A Trustee And
Trustee: An Executor Or Administrator:
1. Executor; Trustee Executor/Administrator
2. Administrator; or Duties are usually Duties are fixed and/or
3. Person appointed as trustee under the governed by the limited by law
will or written instrument. intention of the
testator or the
The appointing court is the RTC in which the parties, if
will was allowed or the RTC of the province established by
in which the property or some portion contract
thereof, affected by the trust is situated. May cover a wider Lesser range of duties
Although the will does not name a trustee, range of duties
the probate court exercises sound judgment
in appointing a trustee to carry into effect the For purposes of prescription, the possession of
provisions of the will. the property by the trustee is not an adverse
possession, and only a possession in the name
The powers of a trustee appointed by a
and in behalf of the owner of the same. (Tolentino
Philippine court cannot extend beyond the vs. Vitug, 39 Phil. 126)
confines of the territory of the Republic of the
Philippines.
Before entering on the duties of his
trust, a trustee shall file a bond. Failure to file
such bond, he shall be considered to have Grounds for Removal of Trustee:
1. If removal appears essential to the (Sec. 7[b])
interests of parties; The adoptee must The adoptee must be a
2. Insane; be qualified under legally free child( one
3. Incapable of discharging his trust; or DAA (Sec. 8). who has been
4. Evidently unsuitable. arellano law voluntarily or
involuntarily committed
to the DSWD in
accordance with the PD
RULE 99 603 (Sec. 8).
ADOPTION AND Venue: Family Venue: Family Court
Court of the having jurisdiction over
CUSTODY OF MINORS province/city where the place where the
the prospective child residesn or may
parents reside. be found.
Note: Rules 99 and 100 which provide for the
rules on adoption particularly custody of minors
(Rule 99) and rescission and revocation of
adoption (Rule 100) have been MODIFIED with
RULE ON ADOPTION
“SUPERSEDED” accordingly by A.M. No. 02-6- A.M. 02-6-02
02 New Rules on Adoption effective August 22,
2002. This new rule is designed to protect the
“best interests” of the adoptee.
ADOPTION – a juridical act, a proceeding in
rem, which creates between 2 persons a NOTICE to the Office of the Solicitor
relationship similar to that which results from General is mandatory when petition for
legitimate paternity and filiation. (Hofilena vs. adoption includes a prayer for a change
Republic, 34 SCRA 550)) of name. (Sec. 12)
WHERE: Family Courts of the province or Regular Regional Trial Court – if no Family
city where petitioner resides or where the Court or its Presiding Judge is absent.
minor may be found.
Supreme Court or Court of Appeals –
Factor To Be Considered Mainly In enforceable within the entire country. Writ
Determining Custody: returnable to the Family Court or any regular
The courts shall consider the best interests courts where petitioner resides or minor may
of the minor and shall give paramount be found, for proper determination of
consideration to his material and moral custody.
welfare.
The case of Orda vs. CA, 192 SCRA 768,
Court Shall Also Consider: prohibiting the Court of Appeals from
1. Any extrajudicial agreement respecting referring the petition for habeas corpus to the
the rights of the minor, to maintain direct trial court may have been abandoned by this
pertinent Rule.
contact with the non-custodial parent;
2. The desire and ability of parent to foster The writ of habeas corpus is the proper legal
an open and loving relationship between remedy to enable the parents to regain
the minor and the other parent; custody of a minor daughter, even though
the latter be in the custody of a third person
3. Health, safety and welfare of the minor; of her own free will. (Sombong vs. CA, 252
4. Any history of child or spousal abuse by SCRA 662)
the person seeking custody or who has
had filial relationship with the minor;
5. The nature and frequency of contact RULE 101
with both parents;
6. Habitual use of alcohol or regulated HOSPITALIZATION OF
substances; INSANE PERSONS
7. Marital misconduct;
Venue: detaining another and commanding him to
The proceeding is instituted in the RTC of produce the body of a person at a certain
the province where the person alleged to be time and place with the day and the cause of
insane is found. his capture or detention.
E. Judgment
RULE 107
JUSTIFIABLE CAUSES FOR CHANGE OF ABSENTEES
NAME:
1. The name is ridiculous, dishonorable, or
is extremely difficult to write or Period To File A Declaration of Absence:
pronounce; 1. after the lapse of 2 years from
2. The change results as a legal disappearance without any news from
consequence, as in legitimation; him or from the receipt of the last news;
3. The change is necessary to avoid or
confusion (not confusion caused by 2. 5 years in case the absentee has left a
petitioner's own use of unauthorized alias); person in-charge of the administration of
4. Having continuously used and been his property.
known since childhood by a Filipino
name, unaware of his alien parentage; WHO MAY FILE:
5. Sincere desire to adopt a Filipino name 1. The spouse present;
to erase signs of former alienage, all in 2. The heirs instituted in a will, who may
good faith, without prejudice to public present an authentic copy of the same;
interest and not for a fraudulent 3. The relatives who may succeed by the
purpose. law of intestacy; or
4. Those who have over the property of the
Insufficient Grounds for the Change of absentee some rights subordinated to
Name: the condition of his death.
1. Separation of spouses; It is not necessary that a declaration of
absence be made in a proceeding separate
2. No proof of prejudice by use of official from and prior to a petition for
name; administration. (Reyes vs. Alejandro, 141
3. Mere use and known by different name; SCRA 65)
4. No proof that the true name evokes The judicial declaration of absence shall not
derisive laughter. take effect until 6 months after its publication
in a newspaper of general circulation. (Art.
386 Civil Code)
CANCELLATION OR
CORRECTION OF
Venue: The residence of absentee prior to
the filing of petition (Sec. 1, Role 107).
ENTRIES IN THE CIVIL
REGISTRY
Who May Be Appointed As
Representative:
Note: This Rule is modified accordingly by R.A.
3. The
9048, i.e. Clerical Error Law (infra) and its
spouse, if present, shall have Implementing Rules, allowing corrections in the
preference in the appointment when civil register without the need of judicial order.
there is no legal separation;
4. If the Scope: RULE 108 applies to substantial
absentee left no spouse, or, if the changes or correction of entries in the civil
spouse is incompetent, or, if a minor, registry, which is an APPROPRIATE
any competent person may be ADVERSARY proceeding.
appointed by the court; or
5. In case of R.A. 9048 & Its Implementing Rules
declaration of absence, the trustee or apply to changes or correction of clerical
administrator shall be appointed in the errors of a harmless and innocuous
same manner as above cited. nature, which is an administrative
When Trusteeship Or Administration of proceeding. It is also regarded as an
Property Shall Cease Upon the Order of APPROPRIATE SUMMARY proceeding.
the Court: Who May File: The petition may be filed by
1. Absentee appears personally or by any person interested in an act,
means of an agent; event, order or decree
2. Death of the absentee is proved and his concerning the civil status of
testate or intestate heirs appear; and persons, which has been
3. Third person appears, showing by recorded in the civil register.
proper document that he has acquired
the absentee's property by purchase or Venue: The proceeding is instituted in the
other title. RTC of the province where the
civil registry is located.
Absentee Consequence
0 years to 2 years Entries Subject To Correction &
Cancellation:
Petition for
declaration of
1. Births;
2 years to 7 years 2. Marriages;
absence may be
filed 3. Deaths;
4. Legal separations;
Beyond 7 years Considered dead
(absence of 4 years for all intents and
5. Judgments of annulments of marriage;
under extraordinary purposes, except 6. Judgments declaring marriages void
circumstances) for purposes of from the beginning;
succession 7. Legitimations;
For purposes of 8. Adoptions;
marriage: 4 years 9. Acknowledgments of natural children;
continuous absence 10. Naturalization;
shall be sufficient for the 11. Election, loss or recovery of citizenship;
present spouse to 12. Civil interdiction;
remarry (2 years only 13. Judicial determination of filiation;
under extra ordinary 14. Voluntary emancipation of minor; and
circumstances) 15. Change of name.
Parties To Be Impleaded:
1. The Civil Registrar concerned; and
RULE 108
2. All persons who have or claim any Requires judicial Generally directed or
interest which would be affected order changed by the city or
thereby. municipal civil
registrar or consul
Notice & Publication: general without a
Notice of time and judicial order
place for the hearing to be given to all
persons named in the petition. Petition for change of name and petition
Publication is for for cancellation or correction of entries
3 consecutive weeks in a newspaper of are distinct proceedings. Hence, a party
general circulation. cannot change name and correct an
entry in a single petition without
When Opposition To the Petition Is Filed: satisfying the jurisdictional requirement.
1. 15 days counted from the notice of the
petition; or A petition for correction is an action in rem.
x x x It is the publication of such notice that
2. 15 days counted from the last brings in the whole world as party in the
publication of the notice. case and vests the court with jurisdiction to
hear and decide. (Barco vs. CA, 420 SCRA
162)
Petition For The
Petition For Correction Or If the correction sought to be made in the
Change Of Name Cancellation Of civil register is clerical, then the procedure to
Entries be adopted is summary. If the rectification
affects the civil status, citizenship or
Petition should be Verified petition filed nationality of a party, it is deemed
filed in the RTC in the RTC where the substantial, and the procedure to be
where the petitioner corresponding Civil adopted is adversary. (Republic vs. Valencia
resides Registry is located [141 SCRA 462, 474) arellano law
Civil Registrar is not a Civil registrar is an An appropriate adversary suit or proceeding
party indispensable party. is one where the trial court has conducted,
If not made a party, proceedings where all relevant facts have
proceedings are null been fully and properly developed, where
and void. Reason: opposing counsel have been given
He is an interested opportunity to demolish the opposite party’s
party in protecting the case, and where the evidence has been
thoroughly weighed and considered.
integrity of the public
(Eleosida vs. Local Civil Registrar of
documents Quezon City, 382 SCRA 22)
Petition is filed by the By an person
person desiring to interested in any ACT,
change his name EVENT, ORDER or
DECREE
CLERICAL ERROR LAW
R.A. NO. 9048
Change of name only All cancellation or
correction of entries
A surname CANNOT be
Involves substantial Generally involves the subject of a petition for change of
changes clerical or name under this procedure.
typographical errors Correction of clerical or
such as those which
are visible to eye or
typographical error shall be availed only
obvious to the once with respect to particular entry or
understanding and entries in the same civil registry of
involves a harmless record.
or innocuous change This procedure is
An appropriate Generally an SUMMARY and ADMINISTRATIVE.
adversary proceeding appropriate summary
proceeding SALIENT FEATURES:
Entry is correct but All cancellation or
1. Authority to Correct Clerical or
petitioner desires to correction of entries Typographical Error and Change of
change the entry First Name or Nickname:
No entry in a civil registry shall be a. In affidavit form duly subscribed and
changed or corrected without a sworn to by the applicant. Setting
judicial order, EXCEPT for clerical or forth the facts necessary to
typographical errors and change in establish the merits of the petition
the first name or nickname which and shall show affirmatively that the
can be corrected by the concerned petitioner is competent to testify to
city or municipal civil registry or the matters stated;
consul general. b. Petitioner shall state the particular
erroneous entry of entries which are
2. Clerical or Typographical Errors: sought to be corrected and/or the
Refers to a mistake committed in change sought to be made;
the performance of clerical work in c. The petition shall be supported with
writing, copying, transcribing or the following documents:
typing an entry in the civil register i. A certified true machine
that is harmless and innocuous, copy of the certificate or of the
such as a misspelled name or page or of the registry book
misspelled place of birth or the like, containing the entry or entire
which is visible to the eyes or sought to be corrected or
obvious to the understanding and changed.
can be corrected or changed only ii. At least two (2) public or
by reference to other existing record private documents showing the
or records, PROVIDED that NO correct entry or entries upon
CORRECTION must involve the which the correction or change
change of nationality, age, status, shall be based; and
sex of the petitioner. iii. Other documents which the
petitioner of the city or municipal
3. Who May File and Where: civil registrar, or the consul
a. A person shall file a verified petition general may consider relevant
with the local civil registry office of and necessary for the approval
the city or municipality where the of the petition.
record being sought to be corrected d. The petition shall be published at
or changed is kept; least once a week for 2 consecutive
b. If petitioner had migrated to another weeks in a newspaper of general
place in the country and would be circulation;
impractical to file the same, it may be e. Petitioner shall submit a certification
done in the local civil registrar of the from the appropriate law
place where he is presently residing; enforcement agencies that he has
two (2) local civil registrars no pending case or no criminal
concerned will communicate to record;
facilitate the petition; and f. The petition and its supporting
c. If petitioner is in a foreign country, file papers shall be filed in 3 copies to
in the nearest Philippine Consulate. be distributed as follows: first copy
to the concerned city or municipal
4. Grounds: civil registrar, or the consul general;
a. Petitioner finds the first name or second copy to the Office of the
nickname to be ridiculous, tainted Civil Registrar General, and the
with dishonor or extremely difficult to third copy of the petitioner.
write pronounce; or
b. The new first name or nickname has
been habitually and continuously
RULE 109
used by the petitioner and he has
been publicity known by that first APPEALS IN SPECIAL
name or nickname to avoid PROCEEDINGS
confusion.
Nature Remedy in all cases of Remedy against violation Remedy against all
illegal confinement and/or of right to privacy in life, violation of right to life,
detention. liberty or security liberty and property.
(encroachment of
government to right to privacy
and communication).
Jurisdiction Concurrent – RTC, CA, Concurrent – RTC, CA, Concurrent – RTC, CA,
Sandiganbayan and SC Sandiganbayan and SC Sandiganbayan and SC
MTC – in the exercised
of its special jurisdiction
in the absence of RTC
Judge
Return (when As ordered 5 working days from 5 working days from service
made) service (72 hours was already
amended)
Fees (Who Guilty Party No docket fee if you are Absolutely no docket fee
pays) (Note: Costs is pursuant to indigent.
judgment. No filing fee) (Note: Indigence must be
established in the course of
the hearing and not
immediately when filing.)
CRIMINAL
PROCEDURE
CRIMINAL PROCEDURE The person charged with the
method fixed by law or the Rules of offense must have been brought to
Court for the apprehension and its presence for trial, forcibly by
prosecution of persons accused of warrant of arrest or upon his
any criminal offense and for their voluntary submission to the court.
punishment in case of conviction. (Cruz v. CA, 388 SCRA 72)
JURISDICTION WHERE FINE IS THE Note: Where the offense is within its
ONLY PENALTY exclusive competence by reason of the
The RTC has jurisdiction where the fine is penalty prescribed therefore, an inferior
more than 4,000 pesos except in cases of court shall have jurisdiction to try and decide
criminal negligence involving damage to the case irrespective of the kind and nature
property which falls under the exclusive of the civil liability arising from the said
original jurisdiction where the fine is 4,000 offense. (Legados vs. de Guzman, G.R. No. 35285,
pesos or less. Feb. 20, 1989). Also, the additional penalty for
HABITUAL DELINQUENCY is not
JURISDICTION OVER COMPLEX CRIMES considered in determining jurisdiction
Jurisdiction over the whole complex crime is because such delinquency is not a crime.
lodged with the trial court having jurisdiction
to impose the maximum and most serious CRIMINAL JURISDICTION OF
penalty imposable of an offense forming part SANDIGANBAYAN
of the complex crime. It must be prosecuted Offenses or felonies whether simple or
integrally and must not be divided into complexed with other crimes committed
component offenses which may be made by the public officials and their
subject of multiple information brought in employees in relation to their office. If the
different courts. (Cuyos vs. Garcia G.R. No. L- last element, namely “in relation to his
46934, April 15, 1988) office” is absent or is not alleged in the
information, the crime committed falls
JURISDICTION OVER CONTINUOUS within the exclusive original jurisdiction of
CRIMES ordinary courts and not the
Continuing offenses are consummated in Sandiganbayan.
one place, yet by the nature of the offense, The offense is committed “in relation to
the violation of the law is deemed continuing the office” if the offense intimately
(e.g. estafa and libel). As such, the courts of connected with the office of the offender
the territories where the essential and perpetrated while he was in the
ingredients of the crime took place have performance of his official functions, or
concurrent jurisdiction. But the court which when the crime cannot exist without the
first acquires jurisdiction excludes the other office, or the office is a constituent
courts. element of the crime as defined in the
statute.
JURISDICTION OVER CRIMES
PUNISHABLE BY DESTIERRO Officials under the exclusive jurisdiction
Where the imposable penalty is destierro, of the Sandiganbayan
the case falls within the exclusive jurisdiction 1. Those expressly enumerated in PD
of the Municipal Trial Court, considering that 1606, as amended by RA 8249;
in the hierarchy of penalties under Article 71 Violations of RA 3019 (Anti-Graft and
of the Revised Penal Code, destierro follows Corrupt Practices Act), RA 1379 and
arresto mayor which involves imprisonment. Chapter 2, Sec. 2, Title 7, Book 2, RPC.
(People vs. Eduarte, G.R. No. 88232 February 26,
2. Officials of the executive branch,
1990)
occupying salary grade 27 and higher.
JURISDICTION OVER LIBEL CASES 3. Provincial governors vice governors,
Although punishable by prision correctional, members of the sangguniang
the jurisdiction falls within the RTC. (People panlalawigan and provincial treasurers,
vs. MTC of Quezon City, G.R. No. 123263, Dec. 16, assessors, engineers and other
1996) provincial department heads.
4. City mayors, vice-mayors, members of
JURISDICTION OVER VIOLATIONS OF the sangguniang panlungsod, city
DANGEROUS DRUGS ACT treasurers, assessors, engineers and
other city department heads.
5. Officials of the diplomatic service the “Child and Youth Welfare Code or PD
occupying the position of consul and 603.
higher.
6. Philippine army and air force colonels, KATARUNGANG PAMBARANGAY (PD
naval captains, and all officers of higher 1508)
rank. General Rule: Parties have no power to
7. Officers of the PNP while occupying the enter into amicable settlement as regards
position of provincial director and those crimes.
holding the rank of senior
superintendent or higher. Exception: Offenses punishable by
8. City and provincial prosecutors and their imprisonment of less than 30 days or a fine
assistants and officials and prosecutors not exceeding P200.
in the Office of the Ombudsman and
special prosecutors. General Rule: If parties are resident of the
9. Presidents/directors/trustees/managers same barangay then settle through the
of GOCCs, state universities or Lupon of the Barangay.
educational institutions/foundations.
10. Members of Congress and officials Exceptions:
thereof classified as Grade 27 and up. 1. If residents are from different barangays
11. Members of the Judiciary, without but in the same city/municipality, then in
prejudice to Constitutional provisions. the barangay where respondent or any
12. Chairmen and members of of the respondents actually resides, at
Constitutional Commissions, without the complainant’s election.
prejudice to Constitutional provisions. 2. All disputes which involve real property
(or any interest therein) shall be brought
Exemptions: in the barangay where the real property
1. Election Offenses – It is the Regional (or any part thereof) is situated.
Trial Court that has jurisdiction as
provided for in the Omnibus Election The Lupon has NO authority over
Code even if they are committed by disputes:
public officers classified as Grade 27 1. Involving parties who actually reside in
and higher and in relation to their barangays of different
offices. cities/municipalities, except where such
2. Court Martial Cases – Offenses barangays adjoin each other.
committed by members of the Armed 2. Involving real property located in
Forces and other persons subject to different municipalities.
military law are cognizable by court
martial if such offenses are “service Jurisdiction over the whole complex
connected” as expressly enumerated in crime is lodged with the trial court having
RA 7055. jurisdiction to impose the maximum and
most serious penalty imposable of an
JURISDICTION OF FAMILY COURTS offense forming part of the complex crime.
RA No. 8369 establishing the Family Court
granting them exclusive original jurisdiction
over child and family cases, namely: RULE 110
Criminal cases where one or more of the
accused is below 18 years of age but not
PROSECUTION OF
less than 9 years of age or where one or OFFENSES
more of the victim is a minor at the time of
the commission of the offense, provided that
if the minor is found guilty, the court shall INSTITUTION OF CRIMINAL ACTIONS
(Rule 110, Sec. 1)
promulgate sentence and ascertain any civil
A. By filing a COMPLAINT with the proper
liability which the accused may have
officer:
incurred. The sentence shall be suspended
without need of an application pursuant to
1. Where a Preliminary 4. Institute an administrative charge
Investigation is required pursuant to against the erring prosecutor.
Sec. 1 of Rule 112 (Rule 110, Sec. 1a) 5. File criminal action against the
Preliminary prosecutor.
Investigation is required to be 6. File civil action for damages.
conducted before the filing of a 7. Secure appointment of another
complaint or information for prosecutor.
offenses where the penalty
prescribed by law is at least 4 General Rule: Criminal prosecutions may
years, 2 months and 1 day not be restrained by writs of prohibition or
without regard to fine. (Rule 112, injunction (Asutilla vs. PNB, 141 SCRA 40).
Sec. 1) Exceptions:
In case of summary 1. To afford adequate protection to the
procedure, it is discretionary constitutional rights of the accused;
upon the Prosecutor if he wants 2. When necessary for the orderly
to conduct a Preliminary administration of justice or to avoid
Investigation. oppression or multiplicity of suits;
2. In Metro Manila and other 3. When there is a prejudicial question
chartered cities outside Metro Manila, which is subjudice;
unless otherwise provided in their 4. When the acts of the officer are
charters (Rule 110, Sec. 1b) without or in excess of authority;
5. When the prosecution is under an
PROPER OFFICER invalid law, ordinance or regulation;
person authorized to conduct the 6. When double jeopardy is clearly
requisite preliminary investigation apparent;
(Rule 112, Sec.2).
7. When the court has no jurisdiction
B. By filing a COMPLAINT/INFORMATION over the offense;
with the MTC and MCTC: 8. When it is a case of persecution
1. Where Preliminary rather than prosecution;
Investigation is not required. 9. When the charges are manifestly
2. Outside Metro Manila and false and motivated by lust for
not a chartered city. vengeance; and
3. In case of chartered city, 10. When there is clearly no prima facie
when charter allows it. case against the accused and a motion
to quash on that ground has been
General Rule: The filing of criminal action denied.
interrupts the running of the period of 11. To prevent the threatened unlawful
prescription of the offenses charged (even if arrest of petitioners. (Dominador vs.
Sandiganbayan, 328 SCRA 292)
the court where the complaint or information
is filed cannot try the case on the merits.
(Arambulo v. Lagui, 342 SCRA 740).
THE COMPLAINT OR INFORMATION
Exception: If otherwise provided by special shall be: (Rule 110, Sec. 2)
laws. 1. In writing;
2. In the name of the People of the
REMEDIES OF OFFENDED PARTY IF Philippines; and
PROSECUTOR REFUSES TO FILE 3. Against all persons who appear to
INFORMATION be responsible for the offense involved.
1. File an action for mandamus, in If the accused is a corporation,
case of grave abuse of discretion. no criminal action can lie against it
2. Lodge a new complaint before the (Time, Inc. vs. Reyes, 39 SCRA 303).
court having jurisdiction over the offense If the corporation violates the
where there is no double jeopardy. law, the officer, through whom the
3. Take up the matter with the corporation acts, answers criminally
Secretary of Justice in accordance with for his acts (People vs. Campos [CA] 40
the Revised Administrative Code. O.G. Sup. 12, 7). arellano law
b. Internal Revenue Officer for
A formal accusation of violation of the NIRC
the type required by the statute cannot be c. Custom agents with respect to
waived and in its absence, there is nothing violations of the Tariff and Customs
for the court to act upon and the court Code
acquires no jurisdiction.
While the information
not quashable if not brought in the name of An INFORMATION is:
the People of the Philippines, if the 1. an accusation in writing;
information is grossly deficient, the same 2. charging a person with an offense; and
may be quashed for failure to conform to the 3. subscribed by the prosecutor and filed
prescribed form. with the court. (Rule 110, Sec. 4)
Preliminary Preliminary
Investigation Examination
Executive function. Judicial function.
Conducted by Conducted by the
prosecutor. judge.
Objective: find Objective: to find File a complaint-affidavit
probable cause for whether or not he With all supporting documents and affidavits
indictment. should issue a 2 copies plus over and above number of
warrant of arrest. respondents
End Goal: Resolution. End Goal: Warrant of
Arrest.
Approve Disapprove
Resolution Resolution
PROCEDURE IN PRELIMINARY
INVESTIGATION (Rule 112, Sec. 3) File Information Information may
with court be dismissed
OFFICERS AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATION:
1. Provincial or city prosecutors and their
assistants;
2. National and Regional State 1. Prepare the resolution and
prosecutors; and information;
3. Other officers as may be authorized by 2. Certify under oath in the information
law (e.g. COMELEC on criminal that:
violations of the election law, the office a. He, or as shown by the record,
of the Tanodbayan or its deputies in an authorized officer, has
cases cognizable by the personally examined the
Sandiganbayan, lawyers appointed as complainant and his witnesses;
special prosecutor under Sec. 1686, of b. That there is reasonable ground
the Revised Administrative Code) to believe that a crime has been
committed and that the accused
IMPORTANT: A.M. No. 05-8-26-SC is probably guilty thereof;
removed the conduct of Preliminary c. That the accused was informed
Investigation from Judges of the First Level of the complaint and of the
Courts starting October 3, 2005 evidence submitted against him;
MTC, MTCC, MeTC and MCTC Judges can d. That he (accused) was given an
continue with the preliminary investigation of opportunity to submit
pending cases, which should be terminated
controverting evidence.
not later than Dec. 31, 2005.
3. Within 5 days from his resolution,
The Ombudsman is given primary jurisdiction forward the record of the case to
over cases cognizable by the Sandiganbayan. He the:
is authorized to take over at any stage, from any A. Provincial or City
investigating body, the investigation of such
cases; a power not given to investigative bodies Prosecutor; or
(DOJ vs. Liwag, 451 SCRA 83). arellano law B. Chief state Prosecutor, or
c. To the Ombudsman or his
Guidelines as to the Clarificatory deputy in cases of offenses
Hearing: cognizable by the
a. The hearing may be set only when Sandiganbayan in the exercise
there are facts and issues to be clarified of original jurisdiction.
from a party or a witness.
b. The parties can be present at the They shall act on the resolution
hearing but without the right to examine within 10 days from their receipt
or cross-examine. thereof and shall immediately inform
c. The parties may submit to the the parties of such action.
investigating officer questions which
may be asked to the party or witness B. If the investigating prosecutor finds
concerned. NO CAUSE to hold respondent for
d. The hearing shall be held within 10 trial - He shall recommend the dismissal
days from submission of the counter- of the complaint.
affidavits and other documents or from
the expiration of the period for their A complaint or information may be
submission. dismissed by an investigating prosecutor
e. The hearing shall be terminated ONLY with the prior written authority or
within 5 days. approval of the provincial or city prosecutor;
f. Resolution, within 10 days after or chief state prosecutor, or the Ombudsman
or his deputy.
investigation by investigating officer.
Where the investigating prosecutor
recommends the dismissal of the complaint
but his recommendation is disapproved by
the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy
DUTIES OF THE INVESTIGATING on the ground that a probable cause exists,
PROSECUTOR (Rule 112, Sec. 4) The latter may:
A. If the investigating 1. by himself, file the information against
the respondent; OR
prosecutor finds CAUSE to hold the
2. direct another assistant prosecutor or
respondent for trial: state prosecutor to do so without
conducting another preliminary
investigation.
EXECUTION OF WARRANT (Rule 113, Sec. 4) In addition, arrest without warrant may also
Duty of Officer to Whom Warrant Was be validly made:
Assigned For Execution 1. Where the person who has been
lawfully arrested escapes or is rescued;
1. Cause the execution within 10 days
2. By the bondsman for the purpose of
from receipt surrendering the accused;
2. Within 10 days from the expiration of the 3. Where the accused attempts to leave
period to execute, to make a report to the country without the court’s
the judge who issued the warrant. permission.
A warrantless arrest is not a jurisdictional
In case of failure to execute, state reasons. defect.
Unlike a search warrant, the 10-day period Objection to a warrantless arrest is waived
stated here is not the lifetime or period of where the person arrested submits to
enforceability of the warrant of arrest. arraignment without objection.
The warrant of arrest does not become
functus officio by the mere lapse of said TIME OF MAKING ARREST (Rule 113, Sec. 6)
period and is enforceable indefinitely until An arrest may be made on any day and at
such time as the arrest of the person or any time of the day or night.
persons named therein has not been
effected.
METHOD OF ARREST BY OFFICER BY
MODES OF ARREST: VIRTUE OF WARRANT (Rule 113, Sec. 7)
1. By virtue of a warrant; General Rule:
2. Arrest WITHOUT a warrant under The arresting officer shall:
exceptional circumstances as may be 1. inform the person to be arrested of the
provided by statute. cause of the arrest and
2. the fact that a warrant has been issued
LAWFUL ARREST WITHOUT WARRANT for his arrest
(Rule 113, Sec. 5) Exceptions:
A peace officer or a private person may, 1. When the person to be arrested flees or
without a warrant, arrest a person: forcibly resists before the officer has
a. When, in his presence, the person opportunity to so inform him; OR
to be arrested has committed, is actually 2. When the giving of such information will
committing, or is attempting to commit imperil the arrest.
an offense;
b. When an offense has just been The officer need not have the warrant in
committed and he has probable cause his possession at the time of the arrest.
But after the arrest, if the person
to believe based on personal knowledge arrested so requires, the warrant shall
of facts or circumstances that the be shown to him as soon as practicable.
person to be arrested has committed it;
Note: par. (a) and (b)- The person arrested
METHOD OF ARREST BY OFFICER
without a warrant shall be forthwith delivered
to the nearest police station or jail and shall
WITHOUT WARRANT (Rule 113, Sec. 8)
be proceeded against in accordance with General Rule: The officer shall inform the
Sec. 7, Rule 112. person to be arrested of his authority and
c. When the person to be arrested is a the cause of the arrest.
prisoner who has escaped from a penal Exceptions:
establishment or place where he is 1. The person arrested is engaged in the
serving final judgment or is temporarily commission of an offense;
confined while his case is pending, or 2. He is pursued immediately after its
has escaped while being transferred commission,
from one confinement to another; 3. He has escaped, flees, or forcibly resists
d. An accused released on bail may be before the officer has opportunity to so
re-arrested without the necessity of a inform him; OR
warrant if he attempts to depart from the
4. When the giving of such information will ARREST AFTER ESCAPE OR RESCUE
imperil the arrest. (Rule 113, Sec. 13)
Any person may immediately pursue or
METHOD OF ARREST BY PRIVATE retake without a warrant at any time and in
PERSON (Rule 113, Sec. 9) any place within the Philippines a person
who escapes or is rescued.
CITIZEN’S ARREST – arrest effected by a The escapee must have been lawfully
arrested.
private person.
RIGHT OF ATTORNEY OR RELATIVE TO
General Rule: The private person shall
VISIT PERSON ARRESTED (Rule 113, Sec.
inform the person to be arrested of the: 14)
a. intention to arrest him; and Must be made at the request of the person
b. the cause of the arrest. arrested or of another acting in his behalf.
Exceptions:
1. The person arrested is engaged in the Scope of Right
commission of an offense; 1. To visit; and
2. He is pursued immediately after its 2. To confer privately with such person.
commission;
3. He has escaped, flees, or forcibly resists Who is entitled to this right?
before the person making the arrest has 1. Any member of the Philippine bar; or
opportunity to so inform him; or 2. A relative of the person arrested, subject
4. When the giving of such information will to reasonable regulations.
imperil the arrest.
Time of Visit
OFFICER MAY SUMMON ASSISTANCE Any hour of the day or night.
Every person so summoned shall assist the
officer in effecting the arrest when he can
render assistance without detriment to RULE 114
himself. (Rule 113, Sec. 10)
BAIL
RIGHT OF OFFICER TO BREAK INTO
BUILDING OR ENCLOSURE (Rule 113, Sec.
11) BAIL is the security given for the release of
Requisites: a person in custody of the law, furnished by
1. That the person to be arrested is or is him or a bondsman, to guarantee his
reasonably believed to be in the building appearance before any court as required
or enclosure; under the conditions specified by the rule.
2. That the officer announced his authority (Rule 114, Sec. 1).
and purpose; CONDITIONS OF THE BAIL;
3. That the officer has been refused REQUIREMENTS (Rule 114, Sec.
2)
admittance thereto.
All kinds of bail are subject to the
following conditions:
RIGHT TO BREAK OUT FROM BUILDING
1. Effectivity – Effective upon approval,
OR ENCLOSURE (Rule 113, Sec. 12)
and unless cancelled, shall remain in
The right to break into and out of a building
force at all stages of the case until
is not extended to a private person even if
promulgation of the judgment of the
his purpose is to make an arrest.
Regional Trial Court, irrespective of
whether the case was originally filed in
When the right to break out from a
or appealed to it.
building or enclosure may be exercised
2. Appearance – The accused shall
1. Whenever an officer has entered the
appear before the proper court
building or enclosure in accordance with
whenever required by the court or these
Sec.11; and
Rules.
2. When necessary to liberate himself.
3. Trial in absentia – The failure of the
accused to appear at the trial without
justification and despite due notice shall least his recommendation must be sought
(Floresta vs. Ubiadas, 429 SCRA 270).
be deemed a waiver of his right to be The right to bail shall not be impaired even
present thereat. In such case, the trial when the privilege of the writ of habeas
may proceed in absentia. corpus is suspended (Art. III, Sec. 13,
4. Duty of bondsman – The bondsman Constitution).
shall surrender the accused to the court
for execution of the final judgment. Note: AN EXTRADITEE IS NOT ENTITLED
5. Original papers – These shall state TO BAIL.
the: The constitutional provision on bail
a. Full name of the accused as well as Sec. 4 of Rule114 applies
b. Address of the accused only when a person has been
c. Amount of the undertaking arrested and detained for violation
d. Conditions required of Philippine Criminal Laws. It does
e. Photographs (passport size) taken not apply to extradition proceedings
within the last 6 months showing the because extradition courts do not
face, left and right profiles of the render judgment of conviction or
accused which must be attached to acquittal.
the bail. The right to bail, embodied in the
Constitution, is not available to
A court cannot entertain an accused’s motion military personnel or officer charged
or petition for bail unless he is in the custody with a violation of the Articles of War
of law (Dinapol vs. Baldado, 225 SCRA 110). (Aswat vs. Galido, G.R. No. 88381-82,
November 21, 1991).
NO RELEASE OR TRANSFER EXCEPT
ON COURT ORDER (Rule 114, 3. Bail is Discretionary (Rule 114, Sec. 5)
Sec. 3)
a. Upon conviction by the RTC of an
General Rule: No person under detention
by legal process shall be released or offense NOT punishable by death,
transferred. reclusion perpetua or life
Exception: imprisonment;
b. After conviction by the RTC wherein
1. When ordered by the court; or
2. When he is admitted to bail. a penalty of imprisonment
exceeding 6 but not more than 20
RULES ON AVAILABILITY OF BAIL years is imposed, and not one of the
1. Regardless of the stage of the criminal
circumstances below is present and
prosecution, no bail shall be allowed if proved:
the accused is charged with a capital
When bail may be denied or
offense or an offense punishable by
cancelled:
reclusion perpetua and the evidence of
a. Recidivism, quasi-recidivism or
guilt is strong (Rule 114, Sec. 7). habitual delinquency or
commission of crime aggravated
2. Bail is a Matter of Right: by the circumstances of
a. Before or after conviction by the reiteration.
MeTC, MTC, MTC in Cities or b. Previous escape from legal
Municipal Circuit Trial Court; AND confinement, evasion of sentence
b. Before conviction by the Regional or violation of the conditions of
Trial Court. (Rule 114, Sec. 4) bail without valid justification.
Exception: Where the offense is c. Commission of the offense while
punishable by death, reclusion perpetua on probation, parole or under
or life imprisonment AND the evidence conditional pardon.
of guilt is strong. d. Circumstance of the accused or
his case indicates the probability
Whether a bail is a matter of right or of flight if released on bail.
discretion, and even if no charge has yet e. Undue risk of commission of
been filed in court against a suspect- another crime by the accused
detainee, reasonable notice of hearing is during pendency of appeal.
required to be given to the prosecutor, or at
c. If the decision of the RTC convicting punishable by reclusion perpetua or life
the accused change the nature of imprisonment shall be admitted to bail.
the offense from non-bailable to
bailable. BURDEN OF PROOF IN BAIL
APPLICATION (Rule 114, Sec. 8)
Court That May Act Upon the The prosecution has the burden of
Application for Bail showing that evidence of guilt is strong
1) The Trial Court – despite the at the hearing of an application for bail
filing of a notice of appeal, unless filed by a person who is in custody for
it has transmitted the original the commission of an offense
record to the appellate court. punishable by death, reclusion
(applies to “a”) perpetua, or life imprisonment.
2) The appellate court – if from the Reason: Bail is a matter of right.
decision of the trial court,
conviction of the accused The hearing should be summary or
changed the nature of the offense otherwise, in the discretion of the court,
from non-bailable to bailable. but the right of the prosecution to control
(applies to “c”) the quantum of evidence and the order
of presentation of witnesses must be
Note: Applications for bail in cases equated with the purpose of the hearing,
where the grant of bail is a matter of i.e., to determine the bailability of the
discretion, or where the accused accused.
seeks to be released on
recognizance, can only be filed in SUMMARY HEARING is meant such
the court where the case is pending, brief and speedy method of receiving
on trial or on appeal (A.M. No. 05-8-26- and considering the evidence of guilt as
SC). practicable and consistent with the
purpose of the hearing which is merely
4. After conviction by the RTC imposing a to determine the weight of the evidence
penalty of imprisonment exceeding 6 for purposes of bail.
years but not more than 20 years and
any of the circumstance enumerated As evidence presented under this
above and other similar circumstance is section are automatically reproduced at
present and proved, no bail shall be the trial, the proceedings should be
granted (Rule 114, Sec. 5). conducted as a regular trial. But upon
motion of either party, the court may
5. After judgment has become final, no bail recall any witness for additional
shall be allowed unless accused applied examination when the latter is dead,
for probation before commencing to outside of the Philippines or otherwise
serve sentence or penalty and offense unavailable to testify.
within purview of probation law (Rule 114,
Sec. 25). AMOUNT OF BAIL; GUIDELINES (Rule 114,
Sec. 9)
CAPITAL OFFENSE is an offense which, Excessive bail shall not be required.
under the law existing at the time of its The remedy of the accused where there
commission and of the application for is excessive bail is a Motion for
admission to bail, may be punished with Reduction of Bail, which is a litigated
death (Rule 114, Sec. 7). motion.
Note: Death Penalty cannot be imposed, Factors for Fixing Reasonable Amount of
pursuant to RA 9346, signed by PGMA on Bail (not exclusive)
June 24, 2006. 1. Financial ability of the accused to give
NON-BAILABLE OFFENSE (Rule 114, Sec. 7) bail;
When evidence of guilt is strong, no person 2. Nature and circumstances of the
charge with a capital offense or an offense offense;
3. Penalty for the offense charged;
4. Character and reputation of the 1. Each must be a resident owner of
accused; real estate within the Philippines.
5. Age and health of the accused; 2. Where there is only one surety, his
6. Weight of the evidence against the real estate must be worth at least
accused; the amount of undertaking.
7. Probability of the accused appearing at 3. If there are two or more sureties,
the trial; each may justify in an amount less
8. Forfeiture of other bail; than that expressed in the
9. The fact that the accused was a fugitive undertaking but the aggregate of the
from justice when arrested; justified sums must be equivalent to
10. Pendency of other cases where the the whole amount of the bail
accused is on bail. demanded.
If denied, defendant
answers, or else he 4. The defendant has been in former
may be declared in jeopardy.
default.
Prescription of the offense as a ground for a
RULES AS TO MOTION TO QUASH motion to quash is not waived as this is a
substantive right. arellano law
1. If denied – go to trial without prejudice
to reiterating special defenses invoked
in said motion FORM AND CONTENTS (Rule 117, Sec. 2)
2. If after trial on the merits, an adverse 1. In writing;
decision is rendered – appeal in the 2. Signed by the accused or his counsel;
manner authorized by law (Marcelo v. CA, 3. Distinctly specify its factual and legal
July, 5, 1993).
grounds.
3. If granted – a final order; immediately
The court shall consider no ground other
appealable, provided defendant will not than those stated in the motion, except lack
be placed in double jeopardy. of jurisdiction over the offense charged.
Appeal – a proceeding for review by which HOW APPEAL TAKEN (Rule 122, Sec. 3)
the whole case is transferred to a higher 1. Appeal to the RTC, or to the CA in cases
court for a final determination. decided by the RTC in exercise of its
original jurisdiction –
Final Judgment – a judgment which would a. By notice of appeal;
become final if no appeal is taken. b. Filed with the court which rendered
the judgment or final order appealed
Final Order – one which disposes of the from; and
whole subject matte or terminates a c. By serving a copy thereof to the
particular proceeding or action, leaving adverse party.
nothing to be done but to enforce by 2. Appeal to the CA in cases decided by
execution of what has been determined. the RTC in the exercise of its appellate
jurisdiction shall be by petition for review
under Rule 42.
3. Appeal in cases where the penalty clerk of court of the Regional Trial Court
imposed by the RTC is reclusion shall notify the parties of such fact.
perpetua, life imprisonment or where a 3. Submission of Memoranda or Briefs
lesser penalty is imposed for offenses Within 15 days from receipt of said
committed on the same occasion or notice, the parties may submit
which arose out of the same occurrence memoranda or briefs, or may be
that gave rise to the more serious required by the RTC to do so.
offense for which the penalty of death, 4. Decision
reclusion perpetua, or life imprisonment After the submission of such
is imposed – memoranda or briefs, or upon the
a. By notice of appeal to the CA; expiration of the period to file the same,
b. Filed with the court which rendered the RTC shall decide the case on the
the judgment or final order appealed basis of the entire record of the case
from; and and of such memoranda or briefs as
c. By serving a copy thereof to the may have been filed.
adverse party.
4. Automatic review by the CA – EFFECT OF APPEAL BY ANY OF
a. Where the RTC imposed the death SEVERAL ACCUSED (Rule 122, Sec. 11)
penalty; 1. An appeal taken by one or more of
b. Notice of appeal is not necessary. several accused shall not affect those
who did not appeal, except insofar as
SERVICE OF NOTICE OF APPEAL MAY the judgment of the appellate court is
BE MADE (Rule 122, Sec. 4) favorable and applicable to the latter.
1. Upon the adverse party or his counsel; 2. The appeal of the offended party from
2. Registered mail; or the civil aspect shall not affect the
3. By substituted service. criminal aspect of the judgment or order
WAIVER OF NOTICE (Rule 122, Sec. 5) appealed from.
The appellee may waive his right to a 3. Upon perfection of the appeal, the
notice that an appeal has been taken. The execution of the judgment or final order
appellate court may, in its discretion, appealed from shall be stayed as to the
entertain an appeal notwithstanding failure appealing party. (People vs. Mateo, G.R. Nos.
to give such notice if the interests of justice 147678-87, July 7, 2004)
so require. WITHDRAWAL OF APPEAL
The RTC, MeTC, MCTC, MTC, MTCC, as
WHEN APPEAL TO BE TAKEN (Rule 122, the case may be, may allow the appellant to
Sec. 6) withdraw his appeal before the record has
An appeal must be taken within 15 days been forwarded by the clerk of court to the
from promulgation of the judgment or from proper appellate court as provided in
notice of the final order appealed from. Section 8, in which case the judgment shall
become final. This is notwithstanding the
The period for appeal is interrupted from perfection of the appeal.
the time the motion for new trial is filed up to
the receipt by the accused of the notice of The RTC may, in its discretion allow the
the order “overruling the motion.” appellant from the judgment of a lower court
to withdraw his appeal, provided, a motion to
that effect is filed before the rendition of the
APPEAL TO THE REGIONAL TRIAL judgment in the case on appeal, in which
COURTS (Rule 122, Sec. 9) case the judgment of the court of origin shall
1. Transmittal of Original Records become final and the case shall be
Within 5 days from perfection of the remanded to the latter court for the execution
appeal, the clerk of court shall transmit of judgment.
the original record to the appropriate
Regional Trial Court. APPOINTMENT OF COUNSEL DE OFICIO
2. Notice to the Parties FOR ACCUSED ON APPEAL
Upon receipt of the complete record It shall be the duty of the clerk of court of the
of the case, transcripts and exhibits, the trial court upon filing of a notice of appeal:
1. To ascertain from the appellant, if 1. Appellant fails to file his brief within the
confined in prison, whether he desires time prescribed by this Rule, except
the Regional Trial Court, Court of where the appellant is represented by a
Appeals or the Supreme Court to counsel de officio.
appoint a counsel de officio to defend 2. Appellant escapes from prison or
him. confinement,
2. To transmit with the record on a form to 3. Appellant jumps bail; or
be prepared by the clerk of court of the 4. Appellant flees to a foreign country
appellate court, a certificate of during the pendency of the appeal.
compliance with this duty and of the
response of the appellate to his inquiry. JUDGMENT NOT TO BE REVERSED OR
MODIFIED EXCEPT FOR SUBSTANTIAL
ERROR (Rule 124, Sec. 10)
No judgment shall be reversed or
RULE 123 modified unless, the Court of Appeals, after
an examination of the record and of the
PROCEDURE IN THE evidence adduced, is of the opinion that an
MUNICIPAL TRIAL error was committed which injuriously
COURTS affected the substantial rights of the
appellant.
UNIFORM PROCEDURE
The procedure to be observed in the MeTC, SCOPE OF JUDGMENT (Rule 124, Sec. 11)
MTC and MCTC shall be the same as in the The Court of Appeals may:
RTCs, except where a particular provision 1. Reverse, affirm or modify the judgment;
applies only to either of said courts and in 2. Increase or reduce the penalty imposed
criminal cases governed by the Revised by the trial court;
Rule on Summary Procedure. 3. Remand the case to the Regional Trial
Court for new trial or retrial, or
4. Dismiss the case.
RULE 124
PROCEDURE IN THE OTHER POWERS OF THE COURT OF
APPEALS (Rule 124, Sec. 12)
COURT OF APPEALS 1. Try cases and conduct hearings;
2. Receive evidence;
APPOINTMENT OF COUNSEL DE OFICIO 3. Perform all acts necessary to resolve
FOR THE ACCUSED (Rule 124, Sec. 2) factual issues raised in cases falling
The clerk of court of the Court of under its original and appellate
Appeals shall designate a counsel de officio jurisdiction;
if it appears from the record of the case as 4. Grant and conduct new trials or further
transmitted that: proceedings.
1. The accused is confined in prison;
2. The accused is without counsel de parte CERTIFICATION OR APPEAL OF CASE
on appeal; or TO THE SUPREME COURT (Rule 124, Sec.
13)
3. The accused has signed the notice of
Where the CA imposes reclusion
appeal himself.
perpetua, life imprisonment or a lesser
penalty it shall –
An appellant who is not confined in prison
may, upon request, be assigned a counsel de a. Render judgment; and
officio within 10 days from receipt of the b. Enter judgment imposing such
notice to file brief and he establishes his right penalty.
thereto.
Such judgment may be appealed to the SC
DISMISSAL OF APPEAL FOR by notice of appeal filed with the CA.
ABANDONMENT OR FAILURE TO
PROSECUTE GROUNDS (Rule 124, Sec. 8) PERIOD FOR FILING MOTION FOR NEW
TRIAL (Rule 124, Sec. 14)
At any time after the appeal from the the appellant, the case shall again be
lower court has been perfected and before deliberated upon; and
the judgment of the Court of Appeals
convicting the appellant becomes final. If no decision is reached after re-
deliberation, the judgment of conviction of
Ground: Newly discovered evidence lower court shall be reversed and the
material to his defense. accused acquitted.
If granted, the CA may conduct the new
trial or may refer it to the court of origin.
General Rule: A search warrant can be used The return on the search warrant shall
only once, thereafter, it becomes functus be filed and kept by the custodian of the log
oficio. book on search warrants who shall enter
Exception: When the search conducted on therein the date of the return, the result, and
one day was interrupted, in which case, the other actions of the judge.
same may be continued under the same
warrant the following day if not beyond the A violation of this rule shall constitute
10-day period (Uy Kheytin vs. Villareal, 42 Phil. contempt of court.
886).
While, under Sec. 9, a search warrant has a
validity of 10 days, nevertheless it cannot be
used every day of said period and once
articles have already been seized under said
warrant, it cannot be used again for another a. A prior valid intrusion based on the valid
search and seizure, except when the search warrantless arrest in which the police are
conducted on one day was interrupted, in legally present in the pursuit of their official
which case the same may be continued duties;
under the same warrant the following day if b. The evidence was inadvertently
not beyond the 10-day period. discovered by the police who have the right
to be where they are;
SEARCH INCIDENT TO LAWFUL ARREST c. The evidence must be immediately
(Rule 126, Sec. 13) apparent;
A person lawfully arrested may, without d. Plain view justified mere seizure of
search warrant, be searched: evidence without further search (Rosario v.
People, 358 SCRA 373).
1. For dangerous weapons; or
2. Anything which may have been used
or which may constitute as proof of The Tariff and Customs Code does not
the commission of an offense. require a search warrant for purposes of
enforcing customs and tariff laws.
When the search is incidental to a lawful
arrest, the scope thereof should be IN WHAT COURT MAY A MOTION TO
limited to the area within which the QUASH BE FILED (Rule 126, Sec. 14)
arrestee can reach for a weapon or for 1. Before the court that issued the warrant
evidence in order to destroy it. 2. Under the Criminal Case Rule, all the
incidents arising from the Search
In the latter case, the person making the Warrant should be consolidated in the
arrest may take from the arrestee any court where the criminal case is
property which was the fruit or proceeds pending;
thereof or, which may furnish the arrestee 3. Under the Alternative Remedy Rule,
with a means of committing violence or with the court which issued the search
effecting an escape or which may be warrant in this motion, all grounds for
used as evidence at the trial of the case. objection existent or available and
known at the time MUST BE INVOKED,
When a search may be validly conducted otherwise, they are deemed waived.
without a search warrant:
1. When the owner of the premises waives RULE 127
his right against such incursion; PROVISIONAL REMEDIES
2. When the search is incidental to a lawful
arrest;
IN CRIMINAL CASES
3. When it is made on vessels and aircraft,
such as for violation of customs laws; AVAILABILITY OF PROVISIONAL
4. When it is made on automobiles or REMEDIES (Rule 127, Sec. 1)
motor vehicles generally for the purpose The provisional remedies under this rule
of preventing violations of smuggling or are proper only where the civil action for
immigration laws; the recovery of civil liability ex delicto
5. When it involves prohibited articles in has not been expressly waived or the
plain view; or right to institute such civil action
6. In cases of inspection of buildings and separately is not reserved in those
other premises for the enforcement of cases where reservation may be made.
fire, sanitary and building regulations The requisites and procedure for
(People v. Rodriguez, G.R. No. 95902, February 4,
availing of these provisional remedies
1992).
shall be the same as those for civil
7. Plain view doctrine – objects within the
cases.
sight of an officer who has the right to be
in a position to have that view are subject
ATTACHMENT (Rule 127, Sec. 2)
to seizure and may be presented as
When the civil action is properly
evidence (open to the eye and hand).
instituted in the criminal action as provided
in Rule 111, the offended party may have the
Elements:
property of the accused attached as security
for the satisfaction of any judgment that may
be recovered from the accused in the
following cases:
1. When the accused is about to abscond
from the Philippines;
2. When the criminal action is based on a
claim for money or property embezzled
or fraudulently misapplied or converted
to the use of the accused who is a
public officer, officer of a corporation,
attorney, factor, broker, agent or clerk,
in the course of his employment as
such, or by any other person in a
fiduciary capacity, or for a willful
violation of duty;
3. When the accused has concealed,
removed, or disposed of his property,
or is about to do so; and
4. When the accused resides outside the
Philippines.
EVIDENCE
EVIDENCE is the means sanctioned by the inferred as a necessary or probable
Rules of Court of ascertaining in a judicial consequence.
proceeding the truth respecting a matter of
fact. (Sec. 1, Rule 128) In appreciating circumstantial evidence,
the facts must establish such certainty of
guilt of the accused as to convince the
judgment beyond reasonable doubt that
RULE 128 the accused is the one who committed the
GENERAL PROVISIONS offense. (People vs. Ador, 432 SCRA 1)
B. FACTUM PROBANS – the evidentiary In order to revive the defense of alibi, it must
fact by which the factum probandum is to be shown that there is physical impossibility
be established; material evidencing the for the accused to be present at the scene of
proposition, existent, and offered for the the crime.
consideration of the tribunal.
EVIDENCE IS ADMISSIBLE IF:
1. It is relevant to the issue; (Relevancy
Distinction between Factum Probandum
Test)
and Factum Probans
2. It is not excluded by law or by any of the
FACTUM FACTUM rules of evidence, therefore,
PROBANDUM PROBANS
Competency Test. (Rule 128, Sec.3)
The ULTIMATE FACT The EVIDENTIARY
or fact sought to be FACT or the fact by TWO AXIOMS OF ADMISSIBILITY BY
established. which the factum WIGMORE:
probandum is to be
established.
1. Axiom of Relevancy. None but facts
having rational probative value are
May be ascertained The material admissible.
from the: evidencing the 2. Axiom of Competency. All facts having
1. Pleadings proposition.
rational probative value are admissible
2. Pre-trial order unless some specific rule forbids their
3. Issues which are admission.
tried with the
express or implied Distinctions between Admissibility of Evidence
consent of the
and Weight of Evidence
parties (Sec. 5,
Rule 10) Admissibility of
Weight of Evidence
Evidence
Conceived of as Conceived of for
hypothetical; that practical purposes Pertains to the ability Pertains to the effect
which one party affirms as existent, and is of the evidence to be of evidence admitted.
and the other denies. offered as such for allowed and accepted
the consideration of subject to its
the court. relevance and
Note: If a fact is competence.
ADMITTED, it cannot
be a factum Substantive essence The probative value
probandum because it or characteristic of evidence which the
is no longer in issue. feature of evidence court may give to
as would make it admit after complying
worthy of with the rules of
General Rule: The Rules of Evidence shall consideration by the relevancy and
be the same in all courts and in all trials and court before its competency.
hearings. (Rule 128, Sec. 2) admission.
Exceptions:
The rules of evidence do not apply to: Admissibility is determined by the law in
a. Civil actions and criminal actions force at the time the evidence is presented.
Therefore there is no vested right of
governed by the Rules on Summary
evidence.
Procedure; Failure to object renders evidence that is
b. Agrarian cases; otherwise admissible to be admitted.
c. Rules regarding the testimony of
witnesses from examinations, etc., in Note: Evidence otherwise inadmissible under the
cases under the MTC (where the parties law at the time the action accrued, may be
merely submit their position papers and their received in evidence provided it is admissible
witnesses’ affidavits and counter-affidavits.); under the law in force during the trial.
d. Quasi judicial bodies.
3 KINDS OF ADMISSIBILITY OF
ALIBI – not always a weak defense; it is EVIDENCE
only weak where positive identification 1. Multiple Admissibility – if evidence is
exists. Where the latter is present, the same relevant and competent for two or more
will prevail.
3. In cases involving the crimes of: vii. showing that the testimony elicited was
a. Treason; voluntarily made without any kind of
inducement. (Torralba vs. People, 467
b. Espionage; SCRA 552)
c. Provoking war and disloyalty in case COLLATERAL MATTERS are matters other
of: war, piracy, mutiny in the high than the facts in issue and which are offered
seas, rebellion, conspiracy; and as a basis for inference as to the existence
proposal to commit: or non-existence of facts in issue. This term
i. rebellion; connotes an absence of a direct connection
ii. inciting to rebellion; between the evidence and the matter in
iii. sedition; dispute.
iv. conspiracy to commit:
a. sedition; While the evidence may not bear directly on
b. inciting to sedition, the issue, it will be admitted if it has the
kidnapping, espionage tendency to corroborate or supplement facts
and other offenses established previously by direct evidence, or
against national to induce belief as to the probability or
security. improbability of a fact in issue.
2. Is in the custody or under the the marked bill, but merely its existence
(People v. Tandoy, 192 SCRA 28).
control of the party against whom
the evidence is offered, and the When Is A Document Original (Rule 130,
latter fails to produce it after Sec. 4)
reasonable notice; 1. When one the contents of which are the
3. Consists of numerous accounts or subject of inquiry;
other documents which cannot be 2. When a document is in two or more
examined in court without great loss copies executed at or about the same
of time and the fact sought to be time, with identical contents, all such
established from them is only the copies are equally regarded as originals;
general result of the whole; and or
4. The original is a public record in the 3. When an entry is repeated in the regular
custody of a public officer or is course of business, one being copied
recorded in a public office. (Rule 130, from another at or near the time of the
Sec. 3)
transaction, all the entries are likewise
equally regarded as originals.
PURPOSES:
1. To prevent fraud – If a party is in Note: Carbon copy is not secondary
possession of such evidence and evidence but a duplicate original. However
withholds it, and seeks to substitute when it is made and signed at the same time
inferior evidence in its place, the as the original, it becomes primary evidence.
presumption naturally arises that the
better evidence is withheld for SECONDARY EVIDENCE (Sec. 5, Rule
fraudulent purposes which its 130)
production would expose and When Secondary Evidence may be
defeat. admitted:
2. To exclude uncertainties in the 1. The original has been lost or
contents of a document – the best destroyed, or cannot be produced in
evidence rule accepts the document court:
itself as the best evidence of its a. Prove due execution or existence;
contents because it is certain; and b. Prove cause of unavailability without
rejects a copy thereof, because of bad faith on the part of the offeror;
the uncertainty of its contents and
caused by the hazards of faulty c. Proof of contents in the following
duplication, or an oral description order:
thereof, because of the uncertainty 1. Copy of the writing;
caused by the frailties of human 2. Recital of its contents in some
recollection. authentic document; or
3. Recollection of the witness. (Rule
When Best Evidence Rule does not 130, Sec. 5)
apply:
1. Where the transactions have been Where the original has been lost or
recorded in writing but the contents of destroyed, the offeror may prove its contents
by a recital of its contents in some authentic
such writing are not “the subject of document or by testimony of witnesses. The
inquiry”, the best evidence rule does not certificate is one such authentic document.
apply. (Municipality of Victorias vs. CA, 149 SCRA
2. The best evidence rule is not 32)
involved if the content of affidavits or Failure to prove loss of all the originals
depositions are not the issues in the without fault of the offeror renders secondary
case but are only intended as evidence evidence inadmissible. (De Vera vs. Aguilar,
to establish the issue in controversy. 218 SCRA 602)
The use of said affidavits is regulated by If you avail of secondary evidence, establish:
the hearsay evidence rule. Existence, Execution, Loss and Contents; in
that order. It may be changed at the
The best evidence rule does not apply to the discretion of the judge. (De Vera vs. Aguilar,
marked money in a buy bust operation 218 SCRA 602)
because the inquiry is not on the contents of
Substitutionary Rule – if the original is not 2. PAROL EVIDENCE (Sec. 9, Rule 130)
available, the same may be substituted by Means extrinsic evidence or evidence
presenting the following in the order stated: aliunde.
1. Copy of the writing;
2. Recital of its contents in General Rule: It forbids any addition to or
some authentic document; or contradiction of the terms of a written
3. Testimony of witnesses. instrument by testimony purporting to show
(Rule 130, Sec. 5)
that at or before the signing of the
Definite Evidentiary Rule – the order does document, other or different terms were
not apply where the law specifically provides orally agreed upon by the parties.
for the class or quantum of secondary It refers not only to oral but also written
evidence to establish the contents of the evidence as long as they are outside of or
document. extraneous to the written contract between
the parties.
Rule 130, Sec. 9, par. 1: When the terms of To give stability to written agreement and
an agreement have been reduced to writing, remove the temptation and possibility of
it is considered as containing all the terms perjury, which would be afforded if parol
agreed upon and there can be, between the evidence was admissible.
parties and their successors in interest, no
evidence of such terms other than the
The rule applies only to INTEGRATED
contents of the written agreement.
AGREEMENTS; thus, unless the written
instrument was intended by both parties as
Exceptions: A party may present evidence the final and exclusive memorial of their
to modify, explain or add to the terms of the dealings, the rule does not apply.
written agreement if he puts in issue in his
pleading: Theory Of Integration Of Jural Acts –
1. An intrinsic ambiguity, mistake or previous acts and contemporaneous
imperfection in the written transaction of the parties are deemed
agreement; integrated and merged in the written
2. Failure of the written agreement to instrument which they have executed.
express the true intent and When the parties have reduced their
agreement of the parties; agreement to writing, it is presumed that they
3. Validity of the written agreement; or have made the writing the ONLY
4. The existence of other terms agreed REPOSITORY and MEMORIAL OF THE
to by the parties or their successors TRUTH, and whatever is not found in the
in interest after the execution of the writing must be understood to have been
waived and abandoned.
written agreement.
Exception:
If the ground is “subsequently-agreed”
Collateral Oral Agreement - a contract
terms, the “subsequently-agreed” terms
made prior to or contemporaneous with
must also be put in issue in the
another agreement and IF ORAL and NOT
pleadings.
INCONSISTENT with written contract IS
The rule applies only to the terms of an
ADMISSIBLE within the exception to parol
agreement. If the evidence sought to be
evidence rule.
admitted refers to matters other than the
terms of the agreement (e.g. statement
An Agreement is “COLLATERAL” if it meets
of facts), then the Parol Evidence Rule
the following requirements:
does not apply, such evidence is
a. It is not a part of the integrated written
admissible.
agreement in any way;
Parol Evidence Rule applies only to the
b. It is not inconsistent with the written
parties to the agreement. It does not
agreement in any way, including both
apply where Parol Evidence Rule is
the express and implied provisions of
invoked against a litigant who is a
the written agreement; and
stranger to the agreement.
c. It is not closely connected with the
General Rule: Parol evidence is
principal transaction as to form part and
admissible if there are mistakes or
parcel thereof.
imperfections
KINDS OF AMBIGUITY:
Exception: If the party fails to allege
1. Intrinsic or Latent Ambiguity –
such in the pleadings. (Philippine National
Railways vs. CIR of Albay, 83 SCRA 569) when the writing on its face appears
clear and unambiguous, but there are
Requisites for Applicability of Parol collateral matters or circumstances
Evidence Rule: which makes the meaning uncertain.
1. There must be a valid contract; 2. Extrinsic or Patent Ambiguity –
2. The terms of the agreement must be ambiguity is patent on the face of the
reduced to writing; and writing itself and requires something to
3. The dispute is between parties and their be added in order to ascertain the
successors in interest. meaning of the words used.
3. Intermediate Ambiguity – where
Purpose of the Rule: the ambiguity consists in the use of
equivocal words designating the person
who was a party to the same or has video, symbols or other modes of expression or
oersonal knowledge thereof. (Vidallon- perform any one or more of these functions.
Magtolis vs. Salud, 469 SCRA 439)
“Digital Signature” - an electronic signature
consisting of a transformation of an electronic
document or an electronic data message using
an asymmetric or public cryptosystem such that a
person having the initial untransformed electronic
document and the signer’s public key can
RULES ON ELECTRONIC accurately determine:
EVIDENCE whether the transformation was created
using the private key that corresponds to the
A.M. NO. 01-7-01-SC, signer’s public key; and
AUGUST 1, 2001 whether the initial electronic document had
been altered after the transformation was
RULE 1 made.
RULE 3: ELECTRONIC
DOCUMENTS Copies as Equivalent of the Originals
General Rule: When a document is in two or
Electronic Documents as Functional more copies,
Equivalent Of Paper-Based Documents 1. Executed at or about the same time
(Principle of Functional Equivalence): with identical contents;
Whenever a rule of evidence refers 2. Is a counterpart produced by the
to the term of writing, document, record, same impression as the original;
instrument, memorandum or any other form 3. From the same matrix;
of writing, such term shall be deemed to 4. By mechanical or electronic re-
include an electronic document. recording;
5. By chemical reproduction;
Admissibility: 6. Other equivalent techniques which
An electronic document is admissible in accurately reproduces the original,
evidence if: such copies or duplicates shall be regarded
1. It complies with the rules on as the equivalent of the original.
admissibility prescribed by the Rules of Exceptions:
Court and related laws; and 1. A genuine question is raised as to
2. Authenticated in the manner the authenticity of the original; or
prescribed by these Rules. 2. It would be unjust or inequitable to
admit a copy in lieu of the original under
the circumstances.
competent to testify on the accuracy Usage may be considered (Rule 130, Sec
thereof. 19)
8. Voters may not be compelled to disclose for instance. (U.S. vs. Antipolo, 37 Phil
for whom they voted; 726)
9. Trade secrets [Cocoland Development v NLRC
GRN 98458 July 17, 1996]; Rule 130, Sec. 22: Marital Disqualification
10. Bank Deposits (RA 1405). Rule:
The marital disqualification rule refers to all
matters, whether or not communicated by
one spouse to the other. It applies only
during the existence of the marriage. It can
DISQUALIFICATION BY REASON OF be invoked only if one spouse is a party to
PRIVILEGED COMMUNICATION (Sec. 24, the action. It is an absolute disqualification
Rule 130) and can be invoked the moment that one
Rule: Disqualification by reason of spouse is called to testify.
privileged communication applies to both
Marital Privilege Rule, being a rule of evidence,
civil and criminal case EXCEPT as to the can be waived for failure of the claimant to object
doctor-patient privilege, which is applicable timely to its presentation or by any conduct that
only in civil cases. may be construed as an implied consent.
Unless waived, the disqualification (Lacurom vs. Jacoba, 484 SCRA 206)
under Section 24 remains even after the
various relationships therein have Where the privilege communication from one
spouse to the other comes into the hands of a 3 rd
ceased to exist.
party, without collusion or voluntary disclosure on
the part of either spouse, it is not privileged;
A. MARITAL PRIVILEGE: (par. (a), Sec. illegality of seizure must be raised by motion
24) before trial for return of letter; unanswered letter is
inadmissible (People vs. Carlos, 47 Phil. 626)
Requisites:
a. The spouses must be legally
married; B. ATTORNEY-CLIENT PRIVILEGE: (par.
b. The communication must be (b), Sec. 24, Rule 130)
Requisites:
confidential and made during the
a) There must be a communication
marriage; and
made by the client to the attorney or
c. The spouse against whom such
an advice given by the attorney to
evidence is being offered has not
his client;
given his or her consent to such
b) Communication must have been
testimony.
Communications overheard by third
made in confidence;
persons without knowledge of spouses c) The communication or advice must
are still confidential but the third party is have been given either in the course
not disqualified to testify. of the professional employment or
Where there is collusion and voluntary with a view to professional
disclosure to third party, the latter employment.
become an agent and cannot testify. The phrase “with a view to” includes
Communication in furtherance of fraud those communication made during
and crime is not privileged. consultation preparatory to professional
There is a presumption of confidentiality employment.
on all communications between Preliminary communication made for the
husband and wife. purpose of creating attorney-client
relationship is within the privilege.
Exceptions: The relationship between the attorney
1. In a civil case by one against the and the client is said to exist where a
other. person employs the professional
2. In a criminal case for a crime services of an attorney or seeks
professional guidance, even though the
committed by one against the other attorney declines to handles the case.
or the latter's direct descendants or However, if the communications
ascendants. were not made for the purpose of
3. When the communication was not creating that relationship, they will not
intended to be kept in confidence, be covered by the privilege.
like the husband’s dying declaration
NOT Applicable:
Requisites:
Distinctions 1. The entries were made by:
Res Gestae In Dying Declarations a. A public officer in the
Connection With A performance of his duties; or
Homicidal Act b. A person in the performance
May be made by the Can be made only by of a duty specially enjoined by
accused himself after or the victim law;
during the killing or that 2. Entrant has personal knowledge of
of a 3rd person the facts stated by him or such facts
Res Gestae In Dying Declarations were acquired by him from reports
Connection With A made by persons under a legal duty
Homicidal Act to submit the same; and
May precede Made only after the 3. Such entries were duly entered in a
,accompany or be made homicidal attacks has regular manner in the official
after the homicidal been committed
records.
The question whether a witness is properly Good Moral Character - a character that
qualified to give an expert opinion on measures up as good among the people in
ballistics rests with the discretion of the court. the community in which the person lives, or
(People vs. Abriol, 267 SCRA 327) one that is up to the standard of the average
citizen.
8. CHARACTER EVIDENCE (Sec. 51)
General Rule: Character evidence is NOT
Distinction between the Rule on
admissible. Character in Criminal and Civil
Exceptions: Cases
A. In Criminal Cases: Criminal Cases Civil Cases
1. Accused may prove his good moral It is evidence of the Such evidence is with
character which is pertinent to the good character of the equal good reason
moral trait involved in the offense accused is most not admitted, because
charged. properly and with no presumption would
2. In rebuttal, the prosecution may good reason fairly arise, in the very
prove the bad moral character of the admissible in great proportion of
evidence because such cases, from the
accused which is pertinent if moral
there is a fair and just good character of the
trait is involved in the offense presumption that a defendant, that he did
charged. person of good not commit the
Hence, prosecution may not initially character would not breach of contract or
attack the character of the accused. commit a crime. civil duty alleged
3. Moral character of the offended against him.
party may be proved if it tends to
Character Reputation
General Rule: Leading questions are NOT Grounds for Declaring a Witness
allowed. Unwilling or Hostile:
Exceptions: a. Adverse interest;
a)Cross examination; b. Unjustified reluctance to testify; or
b)Preliminary matters; c. Misled the party into calling him to the
c)Difficulty in getting direct and intelligible witness stand.
answers from a witness who is:
i. Ignorant, or Consequences of being an unwilling,
ii. A child of tender years, or hostile, or adverse witness:
iii. Feeble mind, or 1. May be impeached by the proponent,
iv. A deaf-mute; except by evidence of bad character;
2. May also be impeached by the recall the acts involved and is entitled to
opponent; lesser weight.
3. May be cross-examined by the
opponent, only on the subject matter of Allowing a witness to refer to her notes
rests on the sound discretion of the trial court.
his direct examination; and (People vs. Plasencia, November 7, 1995)
4. Proponent may ask leading questions.
WHEN PART OF TRANSACTION,
HOW WITNESS MAY BE IMPEACHED BY WRITING OR RECORD GIVEN IN
EVIDENCE OF PRIOR INCONSISTENT EVIDENCE, THE REMAINDER
STATEMENTS (Rule 132, Sec. 13) ADMISSIBLE (Rule 132, Sec. 17)
Before a witness can be impeached by 1. That part of an act, declaration,
evidence that he has made at other times conversation, writing or record is given in
statements inconsistent with his present evidence by one party;
testimony: 2. That the whole of the same subject may
1. The statements must be related to be inquired into by the other; and
him, with the circumstances of the 3. That when a detached act, declaration,
times and places and the persons conversation, writing or record is given in
present, and evidence any other act, declaration,
2. He must be asked whether he made conversation, writing or record necessary
such statements, and if so, allowed to to its understanding may also be given in
explain them. evidence.
3. If the statements be in writing they
must be shown to the witness before Whenever a writing is shown to
any question is put to him concerning a witness, it may be inspected by the
them. adverse party. (Rule 132, Sec. 18)
filing of document with BIR turns it into a b. has seen the writing purporting to be
public document. (Monteverde vs. People,
his upon which the witness has
387 SCRA 196)
acted or been charged; and
Distinctions: c. has thus acquired knowledge of the
handwriting of such person.
Public Documents Private Documents
2. By a comparison, made by the witness
Genuineness and Must prove or the court, with writings admitted or
authenticity genuineness and due treated as genuine by the party against
presumed. execution. whom the evidence is offered, or proved
Binding against the Binds only parties to to be genuine to the satisfaction of the
parties and 3rd the document. judge.
persons. 3. By expert evidence. (Rule 130, Sec.49)
Certain transactions
are required to be in a Requisites for admissibility of private
public document (e.g. document:
donation of real 1. Offered as authentic – due execution
property). and authenticity must be proved;
2. Either by anyone who saw the
PROOF OF PRIVATE DOCUMENT document executed or written;
Before any private document offered as 3. Evidence of the genuineness of the
authentic is received in evidence, its due signature or handwriting of the maker;
execution and authenticity must be proved 4. Any witness who believes it to be the
either: handwriting of such person because;
1. By anyone who saw the document 5. He has seen the person write, or has
executed or written; or seen writing purporting to be his;
2. By evidence of the genuineness of 6. Upon which the witness has acted or
the signature or handwriting of the been charged;
maker. 7. Has thus acquired knowledge of the
Any other private document need only handwriting of such person;
be identified as that which it is claimed to be. 8. A comparison, made by the witness or
(Rule 132, Sec. 20) the court, with writings;
9. Admitted or treated as genuine by the
WHEN AUTHENTICATION OF party against whom the evidence is
DOCUMENT NOT REQUIRED offered, or proved to be genuine to the
1. When writing is an ancient document satisfaction of the judge.
(Rule 132, Sec. 21)
certificate that such officer has the official record or by his deputy, that after
custody made by: Secretary of the diligent search no record or entry of a
embassy or legation consul general, specified tenor is found to exist in the
consul vice consul, or consular agent; or records of his office;
any officer in the foreign service of the 2. Accompanied by a
Philippines stationed in the foreign certificate that such officer is supposed
country in which the record is kept to have custody.
authenticated by the seal of his office. 3. If a notarized document is
lost, get certifications of loss from:
Procedure in obtaining copy of foreign a. Notary public;
official acts: b. Bureau of archives; and
1. Get a copy from the legal custodian; c. Clerk of court who commissioned
2. Have the legal custodian attest that the the notary public.
copy is correct; and
3. Have the Philippine consul certify that HOW JUDICIAL RECORD IMPEACHED
the person in #2 is the legal custodian of Any judicial record may be impeached by
a copy of official act. evidence of—
1. Want of jurisdiction in the court or
WHAT ATTESTATION OF COPY MUST judicial officer;
STATE (Rule 132, Sec. 25) 2. Collusion between the parties; or
Whenever a copy of a document or 3. Fraud in the party offering the record,
record is attested for the purpose of in respect to the proceedings. (Rule 132,
Sec. 29)
evidence, the attestation must state, in
substance:
1. That the copy is a correct copy of PROOF OF NOTARIAL DOCUMENTS (Rule
132, Sec. 30)
the original, or a specific part Every instrument duly
thereof, as the case may be; and acknowledged or proved and certified as
2. Be under the official seal of the provided by law may be presented in
attesting officer, if there be any, or if evidence without further proof.
he be the clerk of a court having a The certificate of
seal, under the seal of such court. acknowledgment is prima facie evidence
of the execution of the instrument or
IRREMOVABILITY OF PUBLIC RECORD document involved.
General Rule: Any public record, an official
copy of which is admissible in evidence, HOW TO EXPLAIN ALTERATIONS IN
must not be removed from the office in DOCUMENT (Rule 132, Sec. 31)
which it is kept. A party producing a document as genuine
Exception: Upon order of a court where the
which has been altered and appears to have
inspection of the record is essential to the been altered after its execution in a part
just determination of a pending case. (Rule material to the question in dispute must
132, Sec. 26)
account for the alteration upon showing that:
PUBLIC RECORD OF A PRIVATE 1. the alteration was made by
DOCUMENT another, without his concurrence;
Public record of a private document may be 2. made with the consent of
proved by: the parties affected by it;
a. The original record; or
3. It is otherwise properly or
b. A copy thereof attested by the legal
innocently made; or
custodian of the record with an 4. the alteration did not
appropriate certificate that such officer change the meaning or language of
has the custody thereof. (Rule 132, Sec. 27) the instrument.
Failure to do otherwise will render the
PROOF OF LACK OF RECORD (Rule 132,
same inadmissible in evidence.
Sec. 28)
1. A written statement, signed There shall be no difference between sealed
by an officer having the custody of an and unsealed private documents insofar as
WHEN TO MAKE OFFER (Rule 132, Sec. 35) Must be given immediately, unless it
Testimony – the time the witness is called desires to take reasonable time to
to testify. inform itself on the question presented.
Shall always be made during trial, and
Documentary and Object – after the at such time as will give the party
presentation of a party's testimonial against whom it is made an opportunity
evidence and before the party rests. to meet the situation presented by the
Offer of evidence shall be done orally ruling.
unless allowed by the court to be done in
writing. General Rule: The reason for sustaining or
overruling an objection need not be stated.
WHEN OBJECTION TO EVIDENCE Exception: If the objection is based on two or
OFFERED MUST BE MADE (Rule 132, Sec. more grounds, a ruling sustaining the
36) objection on one or some of them must
a. Orally – immediately after the offer is specify the ground or grounds relied upon.
made. The parties may ask for the ground for
b. In writing – within 3 days after notice the ruling, even if the rules does not
of the offer, unless a different period is require the judge to so state.
allowed by the court. Requisites for STRIKING OUT AN
c. A question propounded in the ANSWER: (Rule 132, Sec. 39)
course of the oral examination – as 1. Witness answers the question before
soon as the grounds therefor shall the adverse party had the opportunity to
become reasonably apparent. voice fully its objection
2. Objection is found to be meritorious; and
The grounds for the objections should 3. Court orders that the answer given be
always be specified. stricken off the record.
In objecting, the word “incompetent” is used On proper motion, the court may
as a ground in relation to witnesses and not also order the striking out of answers which
as to evidence. are incompetent, irrelevant, or otherwise
improper.
General Kinds of Objections (in the
course of the proceedings): Note: Matters stricken off are still part of the
1. FORMAL – goes into the formalities records. It only means that they won’t be
considered for resolution.
required by law. e.g., leading;
Note: Rule 8, Sec. 8. How to contest such Not applicable in Testimonial Evidence
documents. — When an action or defense
is founded upon a written instrument, copied
in or attached to the corresponding pleading
as provided in the preceding section, the
genuineness and due execution of the In determining where the preponderance
instrument shall be deemed admitted unless or superior weight of evidence on the
the adverse party, under oath, specifically issues involved lies, the court may
denies them, and sets forth what he claims consider:
to be the facts; but the requirement of an 1. All the facts and circumstances of the
oath does not apply when the adverse party case;
does not appear to be a party to the 2. The witnesses' manner of testifying;
instrument or when compliance with an 3. Their intelligence;
order for an inspection of the original 4. Their means and opportunity of
instrument is refused. knowing the facts to which they are
Actionable documents are admissible testifying;
in evidence even if not formally 5. The nature of the facts to which they
offered. testify;