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The following are basic doctrines, principles, rules and theories in remedial law
that all law students and bar candidates should remember.
[1] AUTER ACTION PENDANT: It refers to the situation where two actions
are pending between the same parties for the same cause of action, so that one of
them becomes unnecessary and vexatious. It is based on the policy against
multiplicity of suits.
[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 considered would probably alter the outcome of the case.
[3] BUBBLE BURST THEORY: The rule on presumption of law shall not
apply in case there is evidence to the contrary.
[5] CONTINUING THREAT: In order that writ of amparo can be issued, the
threat on the right to life liberty or security must be actual and continuing and
not merely imaginary, thereby depriving the petitioner of his said right from the
inception up to the termination of the case.
[8] FRUIT OF THE POISONOUS TREE: The warrant issued by the judge did
not comply with the requisites of the law, and therefore, void, or when the search
made without warrant is unjustifiable, whether it is found or discovered
afterwards, cannot be used as evidence against the suspect. The items or articles
obtained are the “fruits of a poisoned tree.”(People vs. Burgos, 144 SCRA 1;
People vs. Montilla, 285 SCRA 703; Manalili vs. CA, 280 SCRA 400)
[13] JUDICIAL COURTESY: “[d]ue respect for the Supreme Court and
practical and ethical considerations should have prompted the appellate court
wait for the final determination of the petition [for certiorari] before taking
cognizance of the case and trying to render moot exactly what was before this
[C]ourt.” The principle of judicial 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 proceedings in the lower
court.”(Juan Trajano aka Johnny vs. Uniwide Sales Warehouse ClubG.R. 190253,
June 11, 2014)
[14] LAW OF THE CASE: It has been defined as the opinion delivered on a
former appeal, and means, more specifically, that whatever is once irrevocably
established as the controlling legal rule of decision between the same parties in
the same case continues to be the law of the case, whether correct on general
principles or not, so long as the facts on which such decision was predicated
continue to be the facts of the case before the court.
[15] MATERIAL DATES: Under the material dates rule, a petition must
alleged three (3) 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 reconsideration or new trial was filed; and 3) The date when
the notice of the denial thereof was received. (Great Southern Maritime Services
Corporation vs. Acuna, 452 SCRA 422, February 28, 2005)
[16] NON-PROSEQUITUR: Once a case is dismissed for failure to prosecute,
the dismissal has the effect of an adjudication on the merits and is understood to
be with prejudice to the filing of another action unless otherwise provided in the
order of dismissal.
[24] SET-OFF: A permissive counterclaim does not arise out of and is not
connected with the transaction or occurrence constituting the subject matter of
the opposing party’s claim which required the presence of a third person for its
adjudication;
[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.
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