CIVIL PROCEDURE CRIMINAL PROCEDURE

Venue

Can be waived Matter of jurisdiction

Special appearance

Can be with other defenses Must be the sole purpose

Filing fees based on damages prayed for

GR: Must be specified o/w not be awarded

XPN: If cannot be determined at time of filing or Those not specified will constitute a first lien on judgment
subsequently accrued
Amendments

Same crime or one that necessarily includes or included the

Circumstances that occurred before filing the pleading
crime initially charged

Before answer is served Before plea

Supplants original complaint -

Supplemental Substitution

Circumstances that occurred after the filing of the pleading Charges a new crime

Motion to Dismiss Motion to Quash

Before answer Before plea

Grounds

1. Lack of jurisdiction over SM 1. Lack of jurisdiction over offense

1.a SM
1.b Venue

2. Lack of jurisdiction over person of defendant 2. Lack of jurisdiction over person of the accused
3. Improper venue

4. Failure to state COA 3. Facts do not constitute offense

5. Lack of legal personality to sue 4. Info filed by one without authority
5. Info charges more than one offense
6. Info does not comply to form

6. Res judicata 7. Double jeopardy/ Res judicata in prison grey

7. Litis Pendencia
8. Prescription
9. Extinguished 8. Extinguished
10. Unenforceable 9. Averments if true, constitute a legal excuse

11. Failure to perform condition precedent

Grounds not waived

1. Lack of jurisdiction over SM 1. Lack of jurisdiction over offense

2. Res judicata 2. Does not constitute an offense
3. Litis pendencia 3. Extinguished
4. Prescribed 4. Double jeopardy

Grounds that can be considered motu proprio

1. Lack of jurisdiction over SM

2. Res judicata
Lack of jurisdiction over offense
3. Litis pendencia
4. Prescribed

Dismissals with prejudice

1. Motion to dismiss 1. Motion to dismiss

Res judicata Double jeopardy
Prescription Extinguished
Extinguished
Unenforceable
2. Dismissal by plaintiff: Two-dismissal rule 2. Dismissal without consent of accused
3. Dismissal by fault of plaintiff 3. Demurrer
4. Non-appearance in pre-trial/non-filing of 4. Speedy trial
pretrial brief 5. Discharged as State Witness

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 CIVIL PROCEDURE CRIMINAL PROCEDURE
Pre-trial

Motion ex-parte by plaintiff Court ordered

After all pleadings have been filed 30 days/10 days after arraignment

Possibility of compromise Offer of compromise = admission of guilt

Sanctions party for non-appearance Sanctions counsel for non-appearance

Pre-trial briefs No pre-trial briefs

Re-opening of Trial Motion to Re-Open Proceedings

Submission for Judgment; Before decision Submission for Judgment; Before finality of Judgment

When SC en banc cannot reach majority decision

Affirm CA decision Equipoise rule = acquit

POST–JUDGMENT REMEDI ES

— Modification of Judgment

Appeal

Can only resolve issues raised on appeal Opens whole case for review

Withdrawal of appeal

(MTC) May allow withdrawal before records are forwarded

Matter of right before appellee’s brief is served
(RTC) May allow withdrawal before rendition of judgment

Motion for Reconsideration

1. Damages are excessive

1. Errors of law in judgment
2. Evidence insufficient to justify decision
2. Errors of fact in judgment
3. Decision contrary to law

Motion for New Trial

1. FAME 1. Errors of law during trial

2. Irregularities prejudicial to substantial rights of
accused committed during trial
2. NDE 3. NDE

Petition for Relief from Judgment/

—
Petition for Relief from Denial of Appeal
Annulment of Judgment —

MIANN