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Remedial 2 Syllabus
Remedial 2 Syllabus
Criminal Procedure
November 18
A. General matters
1. Distinguish jurisdiction over subject matter from jurisdiction over person of the
accused
2. Requisites for exercise of criminal jurisdiction
ALLEN A. MACASAET, et. al., vs. THE PEOPLE OF G.R. No. 156747. February 23, 2005
ANDRES ET. AL. VS. JUSTICE SECRETARY CUEVAS G.R. NO. 150869, JUNE 9, 2005
B. Prosecution of offenses
1. Criminal actions, how instituted
2. Who may file them, crimes that cannot be prosecuted de officio
3. Criminal actions, when enjoined
4. Control of prosecution
5. Sufficiency of complaint or information
PEOPLE OF THE PHILIPPINES, vs. EDGARDO DIMAANO, appellant. G.R. No. 168168.
September 14, 2005
6. Designation of offense
7. Cause of the accusation
8. Duplicity of the offense; exception
9. Amendment or substitution of complaint or information
10. Venue of criminal actions
11. Intervention of offended party
MARY ANN RODRIGUEZ vs. Hon. THELMA A. PONFERRADA G.R. Nos. 155531-34. July 29,
2005.
November 20
GEORGE MANANTAN, petitioner, vs. THE COURT OF APPEALS, G.R. No. 107125. January 29,
2001
D. Preliminary investigation
1. Nature of right
ERNESTO J. SAN AGUSTIN, petitioner vs. PEOPLE OF THE PHILIPPINES, respondent. G.R. No.
158211. August 31, 2004
E. Arrest
1. Arrest, how made
2. Arrest without warrant, when lawful
THE PEOPLE OF THE PHILIPPINES, vs. RENANTE MENDEZ G.R. No. 147671. November 21,
2002.
3. Method of arrest
a) By officer with warrant
b) By officer without warrant
c) By private person
4. Requisites of a valid warrant of arrest
SPOUSES TERRY and MERLYN GERKEN, complainants, vs. JUDGE ANTONIO C. QUINTOS,
A.M. No. MTJ-02-1441. July 31, 2002
Estrada vs. Ombudsman, G.R. No. 212140-41, January 21, 2015, read dissent of Brion
November 25
F. Bail
1. Nature
JOVENCITO R. ZUÑO, vs. Judge ALEJANDRINO C. CABEB A.M. No. OCA 03-1800-RTJ.
November 26, 2004 (formerly OCA IPI No. 03-1675-RTJ)
JOEL P. LIBUIT vs. PEOPLE OF THE PHILIPPINES, G.R. No. 154363. September 13, 2005
PEOPLE OF THE PHILIPPINES, vs. ELIZAR TOMAQUIN G.R. No. 133188. July 23, 2004.
November 27
I. Motion to quash
1. Grounds
MELBAROSE R. SASOT, vs. PEOPLE G.R. No. 143193. June 29, 2005
ARTEMIO T. TORRES, JR., vs. SPS. DRS. EDGARDO AGUINALDO & NELIA T. TORRES-
AGUINALDO G.R. No. 164268. June 28, 2005
J. Pre-trial
PEOPLE OF THE PHILIPPINES vs. RODOLFO S. PEPITO. G.R. Nos. 147650-52. October 16, 2003
December 2
K. Trial
1. Instances when presence of accused is required by law
2. Requisite before trial can be suspended on account of absence of witness
3. Trial in absentia
MARY HELEN ESTRADA, vs. PEOPLE OF THE PHILIPPINES and HON. BONIFACIO SANZ
MACEDA, G.R. No. 162371. August 25, 2005
4. Remedy when accused is not brought to trial within the prescribed period
5. Requisites for discharge of accused to become a state witness
PEOPLE OF THE PHILIPPINES, vs. ANGELITO MARTINEZ and DEXTER TAGLE, G.R. No.
137519. March 16, 2004
L. Judgment
1. Requisites of a judgment
2. Contents of judgment
3. Promulgation of judgment; instances of promulgation of judgment in absentia
PETER BEJARASCO, JR., vs. JUDGE ALFREDO D. BUENCONSEJO, A.M. No. MTJ-02-1417.
May 27, 2004 (formerly A.M. OCA IPI No. 01-1012-MTJ)
MARY HELEN ESTRADA, vs. PEOPLE G.R. No. 162371. August 25, 2005
December 4
1. Effect of an appeal
2. Where to appeal
3. How appeal taken
4. Effect of appeal by any of several accused
5. Grounds for dismissal of appeal
WASHINGTON DISTILLERS, INC., et.al, vs. COURT OF APPEALS and LA TONDEÑA DISTILLERS,
INC., G.R. No. 118151. August 22, 1996.
P. Provisional remedies
1. Nature
2. Kinds of provisional remedies
VI. Evidence
A. General principles
1. Concept of evidence
2. Scope of the Rules on Evidence
3. Evidence in civil cases versus evidence in criminal cases
4. Proof versus evidence
5. Factum probans versus factum probandum
6. Admissibility of evidence
a) Requisites for admissibility of evidence
b) Relevance of evidence and collateral matters
c) Multiple admissibility
d) Conditional admissibility
e) Curative admissibility
f) Direct and circumstantial evidence
g) Positive and negative evidence
h) Competent and credible evidence
7. Burden of proof and burden of evidence
8. Presumptions
a) Conclusive presumptions
b) Disputable presumptions
9. Liberal construction of the rules of evidence
10. Quantum of evidence (weight and sufficiency of evidence)
a) Proof beyond reasonable doubt
b) Preponderance of evidence
c) Substantial evidence
d) Clear and convincing evidence
December 4
3. Judicial admissions
a) Effect of judicial admissions
b) How judicial admissions may be contradicted
4. Judicial notice of foreign laws, law of nations and municipal ordinance
D. Documentary evidence
1. Meaning of documentary evidence
2. Requisites for admissibility
3. Best Evidence Rule
PEOPLE OF THE PHILIPPINES vs. GENARO CAYABYAB y FERNANDEZ G.R. No. 167147.
August 3, 2005
GAMBOA, RODRIGUEZ, vs. COURT OF APPEALS G.R. No. 117456. May 6, 2005
E. Testimonial evidence
1. Qualifications of a witness
2. Competency versus credibility of a witness
3. Disqualifications of witnesses
a) Disqualification by reason of mental capacity or immaturity
b) Disqualification by reason of marriage
c) Disqualification by reason of death or insanity of adverse party
d) Disqualification by reason of privileged communications
(i) Husband and wife
(ii) Attorney and client
(iii) Physician and patient
(iv). Priest and penitent
(v). Public officers
(vi). Parental and filial privilege rule
4. Examination of a witness
a) Rights and obligations of a witness
b) Order in the examination of an individual witness
(i) Direct examination
(ii) Cross examination
(iii) Re-direct examination
(iv) Re-cross examination
(v) Recalling the witness
c) Leading and misleading questions
d) Methods of impeachment of adverse party’s witness
e) How the witness is impeached by evidence of inconsistent statements (laying
the predicate)
f) Evidence of the good character of a witness
January 10
b) Admission by a party
c) Admission by a third party
d) Admission by a co-partner or agent
e) Admission by a conspirator
f) Admission by privies
g) Admission by silence
h) Confessions
i) Similar acts as evidence
6. Hearsay Rule
a) Meaning of hearsay
7. Opinion rule
PEOPLE OF THE PHILIPPINES, vs. BONFILO MARTINEZ y DE LA ROSA, G.R. No. 116918.
June 19, 1997
CIVIL SERVICE COMMISSION vs. ALLYSON BELAGAN G.R. No. 132164. October 19, 2004
a) Criminal cases
b) Civil cases
January 15
TERESITA E. VILLALUZ vs. ROLANDO R. LIGON G.R. No. 143721. August 31, 2005
1. Offer of evidence
2. When to make an offer
3. Objection
4. Repetition of an objection
5. Ruling
6. Striking out of an answer
7. Tender of excluded evidence
January 17
IX. Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC)
A. Scope and applicability of the rule
B. Commencement of small claims action; response
C. Prohibited pleadings and motions
D. Appearances
E. Hearing; duty of the judge
F. Finality of judgment
January 22