REMEDIAL LAW DOCTRINES

STATUTE OF NON-CLAIMS
It is the period fixed by Section 2 of Rule 86 for the filing of the claims against the
estate. The rule mandates certain creditors of a deceased person to present their
claims for examination and allowance within a specified period, the purpose thereof
being to settle the estate with dispatch, so that the residue may be delivered to the
persons entitled thereto without their being afterwards called upon to respond in
actions for claims, which, under the ordinary statute of limitations have not yet
prescribed (Santos vs. Manarang, 27 Phil. 213.)

BELATED CLAIM
At any time before an order of distribution is entered, on application of a creditor who
has failed to file his claim within the time previously limited, the court may, for cause
shown and on such terms as are equitable, allow such claim to be filed within a time
not exceeding one (1) month .

CONTINGENT CLAIM
It is one which, by its nature, is necessarily dependent upon an uncertain event for its
existence and claim, and its validity and enforceability depending upon an uncertain
event (Gasket and Co. vs. Tan Sit, 43 Phil 810 .)

DOCTRINE OF CONTINUING THREAT

The former were still under the threat of being once again abducted, kept captive or
even killed, which threat constituted a direct violation of their right to security of
person

DOCTRINE OF COMPETENCE-COMPETENCE
According to that principle, an arbitral tribunal is competent to decide its own
competence. In other words, the tribunal has jurisdiction to decide its own
jurisdiction.

BEST INTEREST OF THE MINOR RULE

The best interests of the child shall be the paramount consideration in all matters
relating to his care, custody and adoption, in accordance with Philippine laws, the
United Nations (UN) Convention on the Rights of the Child, UN Declaration on Social
and Legal Principles Relating to the Protection and Welfare of Children with Special
Reference to Foster Placement and Adoption, Nationally and Internationally, and the
Hague Convention on the Protection of Children and Cooperation in Respect of Inter-
country Adoption

DOCTRINE OF PARTY AUTONOMY

The freedom of the parties in an arbitration to stipulate the rules which will govern the
parties during the arbitration proceedings.
WRIT OF HABEAS CORPUS/WRIT OF LIBERTY/AMPARO LIBERTAD

Extends to all cases of illegal confinement or detention by which any person is

deprived of his liberty, or by which the rightful custody of any person is withheld from
the person entitled thereto.

EVIDENCE

DOCTRINE OF PRIVILEGED COMMUNICATION

[The doctrine] that utterances made in the course of judicial proceedings, incl. all
kinds of pleadings, petitions and motions, belong to the class of communications that
are absolutely privileged. [US v. Salera, 32 Phil. 365]. 2. [The doctrine that] statements
made in the course of judicial proceedings are absolutely privileged that is, privileged
regardless of defamatory tenor and of the presence of malice if the same are relevant,
pertinent, or material to the cause in hand or subject of inquiry. [Tolentino v. Baylosis,
1 SCRA 396].

DOCTRINE OF PRESUMED-IDENTITY APPROACH

Also called Doctrine of processual presumption. Where a foreign law is not pleaded or,
even if pleaded, is not proved, the presumption is that foreign law is the same as ours.
[EDI-Staffbuilders Internatl., v. NLRC, GR 145587, Oct. 26, 2007, 537 SCRA 409,
430].

DOCTRINE OF JUDICIAL ADMISSIONS

[The] well-settled [doctrine] that judicial admissions cannot be contradicted by the

admitter who is the party himself and binds the person who makes the same, and
absent any showing that this was made thru palpable mistake, no amount of
rationalization can offset it. [Binarao v. Plus Builders, Inc., GR 154430, June 16,
2006, 491 SCRA 49, 54].

DOCTRINE OF INTERLOCKING CONFESSIONS

[The doctrine under which] extra-judicial confessions independently made without

collusion which are identical with each other in their essential details and are
corroborated by other evidence on record are admissible, as circumstantial evidence,
against the person implicated to show the probability of the latters actual
participation in the commission of the crime. [People v. Molleda, 86 SCRA 667, 701
(1978)].

DOCTRINE OF PRO REO

[The doctrine that] where the evidence on an issue of fact is in question or there is
doubt on which side the evidence weighs, the doubt should be resolved in favor of the
accused. [People v. Abarquez, GR 150762, 20 Jan. 2006, 479 SCRA 225, 239]. See Pro
reo doctrine.
DOCTRINE OF PROCESSUAL PRESUMPTION

[The doctrine holding that] if the foreign law involved is not properly pleaded and
proved, our courts will presume that the foreign law is the same as our local or
domestic or internal law. [Lim v. Collector, 36 Phil. 472].

DOCTRINE OF RES GESTAE

Things done. Doctrine that is a recognized exception to the rule against hearsay
evidence based on the belief that, because certain statements are made naturally,
spontaneously, and without deliberation during the course of an event, they leave little
room for misunderstanding or misinterpretation upon hearing by someone else, i.e.,
by the witness, who will later repeat the statement to the court, and thus the courts
believe that such statements carry a high degree of credibility.

DOCTRINE OF RELAXED ADMISSIBILITY RULE

An inadmissible evidence may be considered by the Court when it is relevant and it is

connected to the other evidence presented. It is applicable in writ of amparo cases.

DEAD MANS STATUTE/SURVIVORSHIP DISQUALIFICATION RULE

Parties or assignor of parties to a case, or persons in whose behalf a case is

prosecuted, against an executor or administrator or other representative of a deceased
person, or against a person of unsound mind, upon a claim or demand against the
estate of such deceased person or against such person of unsound mind, cannot
testify as to any matter of fact occurring before the death of such deceased person or
before such person became of unsound mind.

RES INTER ALIOS ACTA RULE

The rights of a party cannot be prejudiced by an act, declaration, omission of another.

Consequently, an extrajudicial confession is binding only on the confessant, is not
admissible against his or her co-accused and is considered as hearsay against them
(Tamargo vs. Awingan, 2010).

HEARSAY EVIDENCE RULE

A witness can testify only to those facts which he knows of his personal knowledge;
that is, which are derived from his own perception, except as otherwise provided in
these rules.

TOTALITY OF EVIDENCE RULE

To consider all the piece of evidence adduced in their totality, and to consider any
evidence otherwise inadmissible under our usual rules to be admissible if it is
consistent with the admissible evidence adduced. In other words, we reduce our rules
to the most basic test of reason i.e. to the relevance of the evidence to the issue at
hand and its consistency with all other pieces of adduced evidence. Thus, even
hearsay evidence can be admitted if it satisfies this basic minimum test (Rodriguez vs.
Arroyo, 2011).

BEST EVIDENCE RULE

When the subject of inquiry is the contents of a document, no evidence shall be

admissible other than the original document itself, except in the following cases:

(a) When the original has been lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;

(b) When the original is in the custody or under the control of the party against whom
the evidence is offered, and the latter fails to produce it after reasonable notice;

(c) When the original consists of numerous accounts or other documents which cannot
be examined in court without great loss of time and the fact sought to be established
from them is only the general result of the whole; and

(d) When the original is a public record in the custody of a public officer or is recorded
in a public office.