REMEDIAL * LAW hypothetically admitted.

hypothetically admitted. This hypothetical admission, extends not only from the [19] PRESUMED IDENTITY APPROACH: Where a foreign law is not pleaded or,
relevant and material facts well pleaded in the complaint, but also to inferences that even if pleaded, is not proved, the presumption is that foreign law is the same
Important doctrines may be fairly deduced from them. (The Municipality of Hagonoy, Bulcan, et al. vs. as ours. (ATCI Overseas Corporation, Amalia G. Ikdal And Ministry Of Public
Hon. Simeon Dumdum, Jr., G.R. No. 168289, March 22, 2010) Health-Kuwait Vs. Ma. JosefaEchin, G.R. No. 178551, October 11, 2010)
The following are basic doctrines, principles, rules and theories in remedial law
[10] IMMUTABILITY OF JUDGMENT: Once the judgment becomes final and executory,
that all law students and bar candidates should remember.
it can no longer be amended, set aside, or disturbed [20] PRIMARY JURISDICTION: When an administrative body is clothed with
original and exclusive jurisdiction, courts are utterly without power and
[1] AUTER ACTION PENDANT: It refers to the situation where two actions are
[11] INDEPENDENT RELEVANT STATEMENT: Regardless of the truth or falsity of a authority to exercise concurrently such jurisdiction. Accordingly, all the
pending between the same parties for the same cause of action, so that one of
statement, when what is relevant is the fact that such statement has been made, the proceedings of the court in violation of that doctrine and all orders and
them becomes unnecessary and vexatious. It is based on the policy against
hearsay rule does not apply and the statement may be shown. (Jose decisions reached are null and void. (Manolito Agra, et al., vs. Commission on
multiplicity of suits.
Espinelia.k.aDaniloEspineli vs. People of the Philippines, G.R. No. 179535, June 9, Audit, G.R. No. 167807, December 6, 2011)
2014)
[2] BERRY RULE: Filing of motion for new trial based on newly discovered evidence
which cannot be produced in court despite exercise of due diligence, and if
[12] INTERLOCKING CONFESSION: These are extrajudicial confessions which were [21] RECOUPMENT: A compulsory counterclaim arises out of or is connected
considered would probably alter the outcome of the case.
independently made without collusion, are identical with each other in their material with the transaction or occurrence constituting the subject matter of the
respects and confirmatory of the other. They are, therefore, also admissible as opposing party’s claim which does not require the presence of a third person
[3] BUBBLE BURST THEORY: The rule on presumption of law shall not apply in case
circumstantial evidence against their co-accused implicated therein to show the over whom the court cannot acquired jurisdiction;
there is evidence to the contrary.
probability of the latter’s actual participation in the commission of the crime.
[4] CHAIN OF CUSTODY: Is "the duly recorded authorized movements and custody
[13] JUDICIAL COURTESY: “[d]ue respect for the Supreme Court and practical and [22] RELAXED ADMISSIBILITY OF EVIDENCE : In the proper resolution of the case,
of seized drugs or controlled chemicals or plant sources of dangerous drugs or
ethical considerations should have prompted the appellate court wait for the final the court has the discretion to admit a rather inadmissible evidence provided it
laboratory equipment of each stage, from the time of seizure/confiscation to
determination of the petition [for certiorari] before taking cognizance of the case and has a relation to other evidence already presented which is relevant to the fact
receipt in the forensic laboratory to safekeeping to presentation in court for
trying to render moot exactly what was before this [C]ourt.” The principle of judicial in issue in the case.
destruction." (see also: People vs. Alivio, G.R. No. 177771, May 30, 2011).
courtesy applies only “if there is a strong probability that the issues before the higher
court would be rendered moot and moribund as a result of the continuation of the
[5] CONTINUING THREAT: In order that writ of amparo can be issued, the threat on
proceedings in the lower court.”(Juan Trajano aka Johnny vs. Uniwide Sales [23] RES JUDICATA IN PRISON GREY: Accused cannot be twice put in jeopardy
the right to life liberty or security must be actual and continuing and not merely
Warehouse ClubG.R. 190253, June 11, 2014) of an offense, acquittal or conviction in either one will bar the prosecution for
imaginary, thereby depriving the petitioner of his said right from the inception up
another offense, or his was terminated without the express consent of the
to the termination of the case.
[14] LAW OF THE CASE: It has been defined as the opinion delivered on a former accused.
appeal, and means, more specifically, that whatever is once irrevocably established as
[6] FALSA DEMONSTRATIO NON NOCET: It is a rule which states that where there
the controlling legal rule of decision between the same parties in the same case
are two descriptions in a deed, the one as it were, super added to the other, and
continues to be the law of the case, whether correct on general principles or not, so [24] SET-OFF: A permissive counterclaim does not arise out of and is not
one description being complete and sufficient in itself, and the other which is
long as the facts on which such decision was predicated continue to be the facts of connected with the transaction or occurrence constituting the subject matter
subordinate and super added is incorrect, the incorrect description or feature or
the case before the court. of the opposing party’s claim which required the presence of a third person for
circumstance of the description is rejected as a surplusage, and the complete and
its adjudication;
correct description is allowed to stand alone. (Please see: Myers vs. Ladd, 26 Ill,
[15] MATERIAL DATES: Under the material dates rule, a petition must alleged three (3)
515, 417)
material dates which is necessary which are as follows: 1) The date when the
judgment or final order or resolution was received; 2) The date when the motion for [25] SEXUAL ABUSE SHIELD: The following evidence is not admissible in any
[7] FRESH PERIOD: It is a procedural law as it prescribes a fresh period of 15 days
reconsideration or new trial was filed; and 3) The date when the notice of the denial criminal proceeding involving alleged child sexual abuse: (1) Evidence offered
within which an appeal may be made in the event that the motion for
thereof was received. (Great Southern Maritime Services Corporation vs. Acuna, 452 to prove that the alleged victim engaged in other sexual behavior; and(2)
reconsideration is denied by the lower court. Following the rule on retroactivity of
SCRA 422, February 28, 2005) Evidence offered to prove the sexual predisposition of the alleged victim. (b)
procedural laws, the “fresh period rule” should be applied to pending actions, such
Exception.— Evidence of specific instances of sexual behavior by the alleged
as the present case. (Priscilla Alma Jose vs. Ramon Javellana, et al., G.R. No.
[16] NON-PROSEQUITUR: Once a case is dismissed for failure to prosecute, the victim to prove that a person other than the accused was the source of semen,
158239, January 25, 2012)
dismissal has the effect of an adjudication on the merits and is understood to be with injury, or other physical evidence shall be admissible.
prejudice to the filing of another action unless otherwise provided in the order of
[8] FRUIT OF THE POISONOUS TREE: The warrant issued by the judge did not
dismissal.
comply with the requisites of the law, and therefore, void, or when the search
[26] STATUTE OF NON-CLAIMS: Immediately after granting letters testamentary
made without warrant is unjustifiable, whether it is found or discovered
[17] NON-SUITED: Failure of the plaintiff to appear on the scheduled pre-trial or administration, the court shall issue a notice requiring all persons having
afterwards, cannot be used as evidence against the suspect. The items or articles
conference would result to the dismissal of the case with prejudice, unless otherwise money claims against the decedent to file them in the office of the clerk of
obtained are the “fruits of a poisoned tree.”(People vs. Burgos, 144 SCRA 1; People
ordered by the court to be without prejudice. court which shall state the time of the filing of the claim against estate, which
vs. Montilla, 285 SCRA 703; Manalili vs. CA, 280 SCRA 400)
shall not be more than twelve (12) months but less than six (6) months after
[18] PARTY AUTONOMY: Parties have the freedom to expressly stipulate or agree by the date of first publication of the notice, but before distribution is entered,
[9] HYPOTHETICAL ADMISSION or PRESUMPTION OF TRUTH: When a motion to
virtue of written agreement on how their disputes will be settled by submitting their upon application of an unpaid creditor who failed to file his claim, the court on
dismiss is filed, the material allegations of the complaint are deemed to be
differences to an arbitrator before an action may be commenced in court.
cause shown may allow the claim to be filed within the time not exceeding one (10
month.

[27] STRONG ARM OF EQUITY: At times referred to as the “Strong Arm of Equity,”
[the Court has] consistently ruled that there is no power the exercise of which is
more delicate and which calls for greater circumspection than the issuance of an
injunction. It should only be extended in cases of great injury where courts of law
cannot afford an adequate or commensurate remedy in damages; “in cases of
extreme urgency; where the right is very clear; where considerations of relative
inconvenience bear strongly in complainant’s favor; where there is a willful and
unlawful invasion of plaintiff’s right against his protest and remonstrance, the
injury being a continuing one, and where the effect of the mandatory injunction is
rather to re-establish and maintain a pre-existing continuing relation between the
parties, recently and arbitrarily interrupted by the defendant, than to establish a
new relation.”(Thunder Security and Investigation Agency vs. National Food
Authority, supra)

[28] TRANSCENDENTAL IMPORTANCE: Suspension of the rules of procedure in case

the subject matter of the action is of great importance/involving national interest;

[29] TWO-DISMISSAL: When the notice operates as an adjudication upon the

merits when filed by a plaintiff who has once dismissed in a competent court an
action based on or including the same claim.

[30] VIATORY RIGHT OF WITNESS: If the witness resides more than 100 km from
the place where he is to travel by the ordinary course of travel, or if he is a
detention prisoner and no permission is obtained from the court in which his case
is pending, then he cannot be compelled to attend the trial. The right is available
only in CIVIL cases.