Summary of Remedies in Remedial Law II

The contents of this summary are a compilation of the remedies found in the Paul Chavez
notes, notes of Martin Campos, notes of Ana Reyes, notebook of Kath Chavez, Awesome notes,
Exia notes, pre-week notes in remedial Law of SSC-R, Transcribed lectures, and selected
remedial law text books.

Disclaimer: As much as it is desired that a complete, perfect and exhaustive summary of the
remedies be presented, human fault may have intervened. Tread cautiously and verify. – amts,
2014

Barangay Laws -Repudiate agreement for arbitration within

Non-compliance of case with barangay
conciliation
Remedy:
-Accused may interpose the defense of non-
referral of the case with the barangay and
pray for the dismissal of the case.
5 days from date thereof when consent
vitiated by fraud, violence or intimidation.
-Repudiation of agreement within 10 days
from the date of settlement by sworn
statement on the ground that consent was
vitiated by fraud, violence, or intimidation.
(sec. 417 R.A. 7160)

-Raise as a defense in his counter-affidavits -annulment or enforcement of compromise

and seek for the dismissal of the action. agreement, 6 months after the date of
(Agbayani vs. Ca, 2012) Personally settlement. (Small claims procedure.)
answered by Dean.
-ask for issuance of certificate to file action.
Amicable settlement/ compromise
agreement / non-compliance with
barangay compromise

Remedy:

-Execution of the amicable settlement

within 6 months after date of settlement
under sec. 417 of R.A. 7160

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
Revised Rules of Criminal
Procedure
Remedy to restrain Criminal Prosecution or
Preliminary investigation
-By petition for injunction, ONLY in the
instances enumerated in the case of Brocka
v. Enrile
Against non-inclusion of persons liable
-Motion for reconsideration by offended
party upon refusal to prosecute within 15
days from receipt. (Sec. 56 DOJ rules of
investigation, prosecution and trial of
criminal cases.)
-Motion for Reinvestigation ( Sec 51, Ibid)
-Motion to conduct preliminary
investigation; if denied, file a motion for
reconsideration. If further denied, file a
petition for certiorari with the CA.
Remedy in case the prosecutor refuses to
charge a person who clearly appears to be
responsible for a crime
-the prosecutor may be compelled by
mandamus to file the criminal case when
there is a clear finding of cause because he
gravely abused his discretion and his act is
tantamount to a deliberate refusal to
perform a duty enjoined by law.
(Metrobank v. Reynaldo)
Persons who can prosecute (Rule 110, sec
5)

- appeal to the Secretary of Justice within - Private prosecutor should file a Motion to
15 days from the receipt of the resolution Prosecute, and then the prosecutor shall
or of the denial. (Sec 2 & 3 NPS rule on file the necessary motion to approve
appeal) authority to prosecute.

-Mandamus in cases of grave abuse of Against defects in the info

discretion on the part of the prosecutor.
(Rule 65; Castro jr. v Castaneda) -Motion to Quash (Rule 117)

-File new criminal action, provided there is -Motion for Bill of Particulars (Rule 116, sec.
no double jeopardy. ( PP v Lipana) 9)

Institution of criminal actions: -Amendment of the Information

Remedy: In case a criminal information was Remedy against indefinite date

filed without the requisite preliminary -Motion for bill of particulars. (ibid; People v
investigation Gianan, 2000)

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
Remedy against erroneous name
-Amend Information/Complaint (Rule 110,
sec. 14)
Remedy against duplicitous information
Motion to quash (Sec. 3, (f) Rule 117)
Amendment/Substitution of
Information
Remedy: Formal or Substantive
Amendments can be made without leave of
court at any time before plea, and with
leave of court if after plea.
Except that in cases where the crime is
downgraded or excludes an accused before
plea, it can be made only upon motion, with
notice and with leave of court.
Remedy in case of a denial of a motion to
withdraw the information
-R65, in case there is grave abuse of
discretion (answered by Dean personally)
Remedy of Prosecutor in case there is a
denial of a motion to withdraw
information in court after a finding by the
DOJ sec that there is no probable cause
-Appeal the order of the court denying the
motion to withdraw since it is a final order.
Remedy in case criminal action is filed
subsequent to the filing of a writ of
amparo
-Motion to consolidate
Remedy in case of SLAPP in a criminal case
-upon the filing of an information in court
the
and before arraignment, the accused may
file a motion to dismiss on the ground that
the criminal action is a SLAPP (sec. 1 R19,
Rules of Procedure for Environmental cases)
Remedies before the filing of the
complaint
-posting of bail
-motion for reduction of bail
-DNA testing before filing of the case
-modes of discovery
-referral to barangay conciliation, when
proper
-application as state witness under RA 6981
-ask for preliminary investigation before the
filing of the information, but he must also
sign a waiver of the provisions of art. 125 of
the RPC
-motion to suspend proceedings filed in the
prosecutor’s office, in case of a prejudicial
question

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
-appeal of the decision of the prosecutor’s
office to the DOJ
-motion to quash search warrant in the
court which issued the warrant where no
criminal action has been instituted
Remedies after the filing of the complaint
-amendment/substitution of the complaint
or information
-motion to quash
Rule 111; Prosecution of Civil Actions
Remedy: Motion for Consolidation of Civil
and Criminal Action to be filed by the
offended party in the court trying the
criminal case at any time before judgment
on the merits is rendered in the civil action.
File a Motion for Suspension of the Civil
Action with the court where the action is
pending if the criminal action is filed after
the filing of the civil action

-judicial determination of probable cause Remedy of the Prosecutor in case the

accused died during the presentation of
-motion for bill of particulars evidence for the defense
-motion to suspend proceedings -proceed with the case and any judgment
will be enforced against the estate of the
-diversion proceedings in case of juvenile
deceased.
delinquents before arraignment
In case where a prejudicial question arises.
-motion to conduct preliminary
investigation/reinvestigation By filing a Motion to Suspend Proceedings
before the prosecutor conducting the PI or
-conditional examination of the witness of
the court where the case is pending before
the accused before trial
the prosecution rests its case.
-plea bargaining

-motion to discharge as state witness under

Rule 112: Preliminary Investigation
the ROC
In case a complaint/information is filed
-motion to quash search warrant
without the requisite preliminary
-production or inspection of material investigation:
evidence in possession of the prosecution
-before accused enters his plea, the accused
must raise such absence to the attention of
the court. (Sec 26, r114)
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Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
-refuse to enter his plea and object to
further proceedings upon such ground
-file a petition for certiorari, if found with
grave abuse of discretion and there is a
denial of the accused’s right to due process.
-in exceptional cases, the prosecutor may
be compelled by mandamus to conduct PI,
if there was a finding of cause for the filing
of the information but there was grave
abuse of discretion in the refusal. (?)
Remedy in case the right of the
Respondent to Preliminary Investigation is
denied.
Lawfully arrested without a warrant
-If lawfully arrested without a warrant, he
may ask for PI, but he must sign a waiver of
the provisions of Art 125 RPC.
Notwithstanding waiver, he may file for Bail
and the investigation must be terminated
within 15 days from inception.
-in case an information was filed upon the
recommendation of the inquest prosecutor,
the accused may file a motion to conduct PI
within 5 days from the time he learns of the
filing of the said information. (Sec. 7, R112.)
- Accused may post the recommended bail

-Petition for Prohibition Adverse decision of the prosecutor

-Refuse to enter plea (DOJ Circ 70)

-Insist on Preliminary Investigation -file a Motion for Reconsideration/

Reinvestigation w/in 15 days from receipt
-R65, in case of Grave abuse of discretion
of assailed resolution, if one has been filed,
and there is a denial of the right to Due
Process -appeal to the Sec. of Justice by way of a
petition for review w/in 15 days from
-File a criminal case against the prosecutor
receipt of denial of MR or receipt of adverse
Remedy in case of subpoena by prosecutor decision. it must be verified and copies
furnished to the adverse party and
-file counter affidavit prosecuting office concerned.
Remedy in case of violation of RA 7438 (Grounds for denial of appeal in the DOJ: 1.
Patently w/o merit; 2. Manifestly intended
-file a criminal, civil or administrative case
for delay; 3. Issues raised are too
against erring officers
unsubstantial to require consideration; 4.
Accused already arraigned. Sec 7, DOJ circ.
70.)
Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
-party aggrieved by the decision of the sec.
may file an MR w/in 10 days from the
receipt of the resolution of the appeal. If
information is already filed, MR plus motion
to defer proceedings.
-where it involves bailable offense or
punishable by imprisonment lower than
reclusion perpetua, the proper remedy is a
petition for certiorari under R65 to the CA,
if denied MR w/in 15 days, if further denied
R45.
-or in non-bailable offenses or those
punishable by reclusion perpetua, by filing a
petition for review with the Office of the
President, under the ff conditions:
Adverse decision of the Ombudsman
-in criminal cases, Rule 65 to the SC
-in administrative cases, Rule 43 to the CA
(MR in both cases is 5 days from receipt of
notice)
Remedy in case of adverse decision in a
Preliminary Investigation conducted by the
Ombudsman
-R65 to the SC (Since PI involves a criminal
case)
Adverse decision of the COMELEC
-Motion for Reconsideration

a. offense involved is punishable by -R64 to the SC

reclusion perpetua-death
Remedy in case of adverse decision in a
b. new material issues are raised which Preliminary Investigation conducted by the
were not previously presented and ruled Commission on Elections
upon
-R64 to the SC
c. prescription of the offence is not due to
Remedy of the respondent in case he failed
lapse within 6mos from notice of the
to submit his counter-affidavit but before
questioned resolution.
the resolution of the case in the PI
d. the appeal or period for review is filed
-Motion to re-open the case and admit
w/in 30 days from notice.
counter affidavit and evidence based on
Appeal to the CA pursuant to R43, if justifiable reasons (FAME)
decision adverse, MR w/in 15 days from
notice, if denied, R45 to the SC.

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
Remedy in case of a prejudicial question Remedy in case a Judicial
exists during preliminary investigation Determination for Probable cause is
granted, and there is a finding of lack
-file motion to suspend proceedings with
of Probable Cause
the prosecutor’s office
-Appeal the Civil liability. (Double
Jeopardy sets in as it is a dismissal by
Rule 113; ARREST the merits.)

Remedies against illegal arrest
1. Proceed with arraignment
2. If by warrantless arrest, ask for PI
and raise illegality of the arrest. (Sec
7, R112.)
3. Judicial determination of probable
cause
4. If complaint/information is filed by
inquest prosecutor, ask for PI
w/in15 days from notice of said
filing (Sec 7 R112)
5. Motion to Quash on the ground of
lack of jurisdiction over the person
of the accused. It must be raised
before accused pleas, otherwise
estopped.
Grounds: Illegality of arrest, Illegality
of the warrant of arrest,
lack/absence of PI
6. Post recommended bail
7. Criminal, administrative or civil case
against arresting individual under RA
7438
-R65, in case there was grave abuse of
discretion.
Remedy in case of denial of a motion
for judicial determination of probable
cause
-motion for reconsideration within 15
days (R52)
-Certiorari under R65, because denial of
a motion is an interlocutory order
Note: motion for judicial determination
for probable cause is not applicable in
summary procedure as no warrant of
arrest issued.
Remedy in case a commitment order is
issued against a person previously
discharged
-R65, because it is an interlocutory
order (personally answered by Dean)

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
 Remedy of the prosecutor in case of
non-issuance by the judge of a warrant
of arrest
-file information so that the court may
issue a warrant of arrest
Increase or decrease of bail
-Bail may be increased or decreased
upon good cause, and if increased and
accused failed to post the same, he may
be committed to custody.

Remedy of motion to determine Remedy against Excessive Bail

probable cause available in cases
-Motion for Reduction of Bail
before the Sandiganbayan
Remedy to secure appearance of a
-it is available before the issuance of the
material witness
warrant of arrest
-the party upon motion may secure an
Remedy before the issuance of the
order from the court for a material
warrant of arrest
witness to post bail
-judicial determination of probable
Forfeiture of bail
cause
-Motion for Reconsideration
Remedy after issuance of warrant of
arrest If accused fails to appear in person his
bail shall be declared forfeited and the
-motion to quash warrant of arrest
bondsman is given 30 days to produce
their principal and to show cause why
no judgment should be rendered
Rule 114, Bail
against them.
Where bail is denied
An order of forfeiture is interlocutory.
-Motion for Reconsideration
-R65, Petition for Certiorari
-Petition for certiorari, R65, if there is
Remedy in order for an accused
grave abuse of discretion. (Caballes vs.
charged with a capital offense may ask
Ca; PP vs. Gomez)
for bail

-Petition for Bail, in order to conduct

bail hearing or a Motion for Bail Hearing

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
 Remedy in case the offense is non-
bailable and there is no bail
recommended
-Petition for bail
Remedy by bondsman in case of
surrender of the accused or proof of
death
-cancellation of bail
Remedy in case of cancellation of bail
by the RTC
-Filing with the CA a motion to review
the said order in the same regular
proceedings which appellant himself
initiated
Remedy against want of bail hearing
-Petition for certiorari under R65. (PP vs
Gomez; PP v IAC)
IF BAIL IS CONFISCATED, remedy:
- Motion for reconsideration/ Motion
for reinstatement of bail (R41 S1
R65 S4)
- Denied,
- Certiorari Rule 65
Basis: Confiscation of bail
Interlocutory
Remedy against judgment upon bond
-set aside or modify judgement
-appeal by bondsman
Rule 116 Arraignement and Plea
Remedies before arraignment
-Bill of Particulars- to allow the accused to
properly plead and prepare for trial
-Motion for Production or Inspection of
Material Evidence
a. upon motion of the accused showing
good cause; b. notice to the parties; c. to
prevent surprise, alteration or suppression ;
d. not privileged matters.
-Motion for suspension of arraignment
a. when the accused appears to be suffering
from an unsound mental condition which
effectively renders him unable to fully
understand the charge against him and to
plead intelligently.; b. there exists a
prejudicial question; c. a petition for review
of the resolution of the prosecutor is
pending at either the DOJ or the office of
the president provided that the period of
suspension shall not exceed 60 days counted
from the filling of the petition with the
is reviewing office.; d. There are other pending
incidents such as: i. a Motion to Quash; ii. a
Motion for Inhibition; c. a Motion for Bill of
Particulars.
-Posting of Bail

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
-Motion to Conduct Preliminary -Provisional remedies
Investigation or Reinvestigation
-Motion to Quash
-Judicial Determination of Probable Cause
-Motion for Consolidation
-Amendment of complaint or information
-Plea Bargaining (Process whereby the
-Modes of discoveries accused, offended party, prosecution
work out a mutually satisfactory
-Provisional remedies
disposition of the case subject to court
-Diversion programs in cases of juvenile approval) note: plea bargaining is not
delinquents applicable to DDA cases.

-Motion to dismiss based on SLAPP -Amendment of Information

-Discharge of a witness or application as -Motion to Discharge as State Witness

State Witness under RA 6981 before prosecution rests its case (Rules
of Court)
Requisites: a. the offense is a grave felony;
b. testimony can be substantially -Bail
corroborated on its material points; c. he or
-Challenge validity or assail regularity or
any member of his family within the second
arrest
civil degree of consanguinity or affinity is
subjected to threats to his life or bodily -question absence of PI
injury or likelihood that he will be killed,
-motion for consolidation before the
intimidated, harassed, corrupted to prevent
prosecution presents its evidence
from testifying or to testify falsely or
evasively on account of his testimony; d. he Motion for Bill of Particulars
is not a law enforcement officer, in such
case his immediate family may avail of said -the accused may before arraignment,
protection. (sec 3. RA 6981) move for a bill of particulars to enable
him to properly plead and prepare for
-motion for reduction of bail trial. The motion shall specify the
alleged defects in the information and
-motion to suspend proceedings
the details desired.
Remedies before plea
Note: a bill of particulars is the definite
-Amendment of complaint/information statement of a matter in the
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Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
 complaint/information which was not
alleged with sufficient definiteness while
the motion for belief of particulars is the
remedy itself in asking for such bill.
Remedy against denial of a motion for
bill of particulars
3. Shall distinctly specify its factual and
legal grounds
Court shall consider no ground other than
those stated in the motion except for lack
of jurisdiction over the offense charged.

-proceed with the arraignment and plea,

and include in the assignment of errors
the ambiguity needed to be cleared on
appeal.
Remedy in case offended party is not
present at the arraignment
-accused may plea to a lesser offense
which is necessarily included in the
offense charged with conformity of the
trial prosecutor
Remedy in case of improvident plea
-withdrawal of improvident plea at any
time before judgment of conviction has
become final
Rule 117; Motion to Quash
R117 S1- TIME
At any time before entering his plea
R117 S2- Form and contents
1. In writing
2. Signed by accused or counsel
**R117 S3- GROUNDS
Accused may move to quash the complaint
or information on any of the following
grounds:
A. THAT THE FACTS CHARGED DO NOT
CONSTITUTE AN OFFENSE
GRANTED:
- File amended complaint or
information (R111 S6- not a bar to
another prosecutor for the same
offense)
DENIED:
- Proceed with arraignment and trial,
and in case of adverse decision, file
an appeal assigning as error the
denial of the motion to quash. If the
denial of the Motion to Quash is
tainted with grave abuse of
discretion amounting to lack or
excess of jurisdiction, file petition
for certiorari with temporary
restraining order (S1 R41 in relation
to S4 R65)

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
 - Proceed with Arraignment and Trial,
and in case of adverse decision, file
B. THAT THE COURT TRYING THE CASE an Appeal assigning as error the
HAS NO JURISDICTION OVER THE denial of the Motion to Quash. If the
OFFENSE CHARGED denial of the Motion to Quash is
tainted with grave abuse of
GRANTED:
discretion amounting to lack or
- File Amended Information or excess of jurisdiction, file petition
Complaint (R117 S6) for certiorari with Temporary
Restraining Order (S1 R41 in relation
DENIED: to S4 R65)
- Proceed with arraignment and trial,
and in case of adverse decision, file
an Appeal assigning as error the D. THAT THE OFFICER WHO FILED THE
denial of the Motion to Quash. If the INFORMATION HAD NO AUTHORITY
denial of the Motion to Quash is TO DO SO
tainted with grave abuse of
GRANTED:
discretion amounting to lack or
excess of jurisdiction, file petition - File amended information or
for certiorari with Temporary complaint
Restraining Order (S1 R41 in relation
DENIED:
to S4 R65)
- Proceed with Arraignment and Trial,
and in case of adverse decision, file
C. THAT THE COURT TRYING THE CASE an Appeal assigning as error the
HAS NO JURISDICTION OVER THE denial of the Motion to Quash. If the
PERSON OF THE ACCUSED denial of the Motion to Quash is
tainted with grave abuse of
Question in on validity of arrest under R113
discretion amounting to lack or
GRANTED: excess of jurisdiction, file petition
for certiorari with Temporary
- File Amended Information or Restraining Order (S1 R41 in relation
Complaint (R117 S6) to S4 R65)
DENIED:
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supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.

E. THAT IT DOES NOT CONFORM
SUBSTANTIALLY TO THE PRESCRIBED
FORM
GRANTED:
- File amended information
complaint
DENIED:
- Proceed with arraignment and trial,
and in case of adverse decision, file
an appeal assigning as error the
denial of the motion to quash. If the
denial of the Motion to Quash is
tainted with grave abuse of
discretion amounting to lack or
excess of jurisdiction, file petition
for certiorari with Temporary
Restraining Order (S1 R41 in relation
to S4 R65)
F. THAT MORE THAN ONE OFFENSE IS
CHARGED, except, when a single
punishment for various offenses is
prescribed
Relate to R120 S3 (failure to file Motion to
Quash)- when two or more offenses are
charged in a single complaint or information
but accused fails to object before trial, the
court shall convict him of as many offenses
as are charged and proved, and impose on
him the penalty for each offense, setting
or out separately the findings of fact and law
in each offense
GRANTED:
- File Amended Complaint or
Information
DENIED:
- Proceed with arraignment and trial,
and in case of adverse decision, file
an appeal assigning as error the
denial of the Motion to Quash. If the
denial of the motion to quash is
tainted with grave abuse of
discretion amounting to lack or
excess of jurisdiction, file petition
for certiorari with Temporary
Restraining Order (S1 R41 in relation
to S4 R65)

Relate to R110 S13- a criminal complaint or G. THAT CRIMINAL ACTION OR

information must charge only one offense, LIABILITY HAS BEEN EXTINGUISHED
except when the law prescribes a single
Aka prescription of crime and liability
punishment for various offenses
GRANTED:

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Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
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inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
 - Acquittal for certiorari with Temporary
Restraining Order (S1 R41 in relation
DENIED:
to S4 R65)
- Proceed with arraignment and trial,
and in case of adverse decision, file
an appeal assigning as error the I. THAT THE ACCUSED HAD BEEN
denial of the Motion to Quash. If the PREVIOUSLY CONVICTED OR
denial of the motion to quash is ACQUITTED OF THE OFFENSE
tainted with grave abuse of CHARGED, OR THE CASE AGAINST
discretion amounting to lack or HIM WAS DISMISSED OR
excess of jurisdiction, file petition OTHERWISE TERMINATED WITHOUT
for certiorari with Temporary HIS FAULT
Restraining Order (S1 R41 in relation
GRANTED:
to S4 R65)
- Acquittal

-Remedy: APPEAL not the criminal

H. THAT IT CONTAINS AVERMENTS
aspect, but the civil aspect
WHICH, IF TRUE, WOULD
CONSTITUTE A LEGAL EXCUSE OR Exceptions to Double Jeopardy:
JUSTIFICATION
R117 S7
GRANTED:
When an accused has
- File Amended Complaint or
Information - been convicted or acquitted, or
- the case against him dismissed or
DENIED: otherwise terminated without his
express consent by a court of
- Proceed with arraignment and trial,
competent jurisdiction,
and in case of adverse decision, file
o upon a valid complaint or
an appeal assigning as error the
information or
denial of the motion to quash. If the
o other formal charge
denial of the Motion to Quash is
sufficient in form and
tainted with grave abuse of
substance to sustain a
discretion amounting to lack or
conviction and
excess of jurisdiction, file petition
Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
 o after the accused has offended party, except as provided
pleaded to the charge, in 1f of Rule 116

the conviction or acquittal of accused or Remedy in case of improper venue in

dismissal of the case shall be a bar the prosecution of the offense

- to another prosecution for the -File a motion to quash on the ground

offense charged, that the court trying the case has no
- or for any attempt to commit the jurisdiction over the offense charged
same or frustration thereof,
Provisional Dismissal
- or for any offense which necessarily
includes or is necessarily included in Requisites: (as modified by PP v Lacson)
the offense charged in the former
complaint or information a. prosecution with the express
consent of the accused, or the
HOWEVER, accused, files a Motion for the
Provision Dismissal of his case. Or
Conviction of accused shall not be a bar to
both the prosecution and the
another prosecution for an offense which
accused move for its Provisional
necessarily includes the offense charged in
Dismissal
the former complaint or information under
b. offended party is notified of the
any of the ff instances:
Motion for a Provisional Dismissal of
- graver offense developed due to the case
supervening facts arising from same c. the court issues an order granting
act or omission constituting the the motion and dismissing the case
former charge provisionally
d. public prosecutor is served with a
- facts constituting the graver charge copy of the order of provisional
became known or were discovered dismissal.
only after a plea was entered in the e. The provisional dismissal of offenses
former complaint or information punishable by imprisonment not
exceeding 6 years or a fine of any
- the plea of guilty to the lesser amount or both, shall become
offense was made without consent permanent 1 year after issuance of
of the prosecutor and of the the order, without the case having
been revived. With respect to
Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
 offenses punishable by
imprisonment of more than 6 years,
their provisional dismissal shall
become permanent 2 years after
issuance of the order without the
case having been revived.
Examples of cases of provisional
dismissal: i. failure to prosecute; ii.
failure to appear at pre-trial; iii.
failure to present evidence
Remedy against provisional dismissal
-motion for reinstatement of the case, if
made before dismissal becomes permanent
Remedy if provisional dismissal is already
final
-refilling of the information
-filing of a new information for the same
offense or one necessarily included in the
original
-motion to revive the case, ONLY when
there is justifiable reason for the delay
Remedy in case of failure to appear at a
preliminary conference
-sanctions or penalties against counsel
-provisional dismissal of the case
Rule 119: Trial
Where the accused is not brought to trial
within the time limit prescribed by law
-information may be dismissed on motion
of the accused on the ground of denial of
his right to speedy trial. Failure to move for
dismissal prior to trial shall constitute a
waiver of the right to dismiss under this
section. (Sec 9, R119)
Remedy in case of dismissal based on
violation of the right to speedy trial for the
failure to bring the accused to trial
-Appeal the civil liability. (Double Jeopardy
has set –in)
-R65, in case there was Grave abuse of
discretion

Rule 118; Pre-trial Remedy in case of denial to speedy trial

-in case the court refuses to dismiss the

Remedy after pre-trial
case, the accused can compel the dismissal
by mandamus or secure his liberty by
-motion for modification of pre-trial order,
habeas corpus
in order to prevent manifest injustice
-if the accused is detained, habeas corpus is
the remedy, otherwise certiorari,
Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
prohibition, mandamus may be resorted to
for the final disposition of the case.
Discharge of accused to be state witness
1. Two or more persons are jointly
charged with the commission of an
offense
2. Upon motion of the prosecution
before resting its case
3. The court may direct one or more of
the accused to be discharged with
their consent so that they may be
state witnesses.
4. After requiring the prosecution to
present evidence that:
-there is absolute necessity of the
testimony
-there is no other direct evidence
available for the prosecution except
the testimony of the accused.
-testimony can be substantially
corroborated on its material points.
-said accused does not appear to be
the most guilty.
-said accused has not at any time
been convicted of any offense
involving moral turpitude.
(sec. 17, R119)
Demurrer to evidence
-after the prosecution rests its case,
the court may dismiss the action on
the ground of insufficiency of
evidence.
1. on its own initiative after giving
the prosecution the right to be
heard
2. upon demurrer to evidence filed
by the accused with or without leave
of court.
Denial of demurrer to evidence
filed with leave of court
-accused may adduce evidence in his
behalf
-order not reviewable by appeal or
by certiorari before judgment
Denial of demurrer to evidence filed
without leave of court
-accused waives his right to present
evidence and submits the case for judgment
of the basis of the evidence of the
prosecution.
-appeal the order in case of conviction
Note: demurrer to evidence is also available
in summary proceedings as trial is held in
criminal cases.
Remedy in case of grant of demurrer to
evidence
-upon judgment and there is a dismissal,
appeal the civil aspect since there is double
jeopardy.

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
-upon judgment, file a petition for certiorari
under R65, when there is grave abuse of
discretion.
Motion for Postponement
periods of time established herein. (sec 4,
R119)
Application for examination of witness for
accused before trial

-trial may be postponed for a reasonable
period of time for good cause. (sec 2, R119)
Remedies of the accused where a
prosecuting officer without good cause
secures postponements of the trial of a
defendant against his protest beyond a
reasonable time
1. When the accused has been held to
answer for an offense
2. Upon motion and notice to the parties.
3. Upon the following grounds:
-that the witness is sick or infirm as to
afford reasonable ground for believing that
he will not be able to attend the trial

-Mandamus to compel a dismissal of the -resides more than 100 kms from place of
information trial and has no means to attend the same

If he is restrained of his liberty, by habeas -other similar circumstances exists that

corpus to obtain his freedom would make him unavailable or prevent him
from attending the trial.
Remedy in case trial period is about to
expire Examination of Witness for the
Prosecution
Motion for Continuance of Trial
Grounds: 1. When it satisfactorily appears
Grounds for granting continuance:
that a witness for the prosecution is too sick
-failure to grant continuance in the or infirm to attend the trial; 2. He has to
proceeding would likely make a leave the Philippines with no definite date
continuation of such proceeding impossible of returning.
or result in a miscarriage of justice, and
Examination of defense witness
-the case taken as a whole is so novel,
-if the court is satisfied that an examination
unusual, and complex due to the number of
of said witness is necessary, it shall issue an
the accused or the nature of the
order of examination.
prosecution, or that it is unreasonable to
expect adequate preparation within the

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
When evidence to be presented or
produced is offensive to decency or public
morals
-motion to exclude the public
Charges for offenses founded on the same
facts of forming part of a series of offenses
of similar character
-Consolidation of Cases
Reopening of the case
Rule 120; Judgment
In case the accused fails to appear at the
scheduled date of promulgation if
judgment is of conviction and the failure to
appear was without just cause. He loses
the remedies available to him.
Remedy: within 15 days from promulgation,
accused may surrender and file a motion for
leave of court to avail of these remedies.
(Section 6, Rule 120)

-At any time, before the finality of the Modification of judgment

judgment of conviction, the judge, may
-Judgment of conviction upon motion of the
motu propio or upon motion, with hearing
accused before judgment becomes final or
in either case, reopen the proceedings to
before appeal is perfected.
avoid a miscarriage of justice.
Exception: final judgments may be still
Remedy in case of direct contempt in
modified in relation to the post judgment
criminal cases
remedies under the DNA evidence rule.
-The person adjudged in direct contempt by
Remedies available to an accused in case
any court may not appeal therefrom, but
of conviction
may avail himself of the remedies of
certiorari or prohibition. The execution of -reopening of trial (sec 24, R119)
the judgment shall be suspended pending
-Motion for New Trial
resolution of such petition, provided such
person files a bond fixed by the court w/c -Motion for Reconsideration
rendered the judgment and conditioned
that he will abide by and perform the -Appeal (sec 1, R122)
judgment should the petition be decided
-R45, in cases of pure questions of law
against him. (according to dean tan, it
should be certiorari and prohibition) -Apply for Bail, in cases permissible

-Probation (Limitations on the availability of

probation: a. sentenced to max term of 6
Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
years imprisonment; b. convicted of
subversion or any crime against national
security or public order; c. previously
convicted of an offense punished by
imprisonment not less than one month and
one day and/fine of not less than two
hundred pesos; d. once already under
probation; e. already serving sentence at
the time this law became applicable; f.
convicted of drug trafficking or pushing. Sec
24, RA 9165)
- Lower sentence for good behaviour
- Certiorari Rule 5 on the ground of
denial of due process
- Execution under rule 39 if there is
civil liability
- Third party claim
- Motion to quash writ of execution

-R65 in cases of grave abuse of discretion

- Posting of bail, ONLY if accused
-Modification of judgment applied for probation before
commencing to serve sentence of
-Habeas Corpus, in cases where Post-DNA penalty and offense.
testing is applicable.
Remedy in case DNA evidence is
REMEDIES AFTER JUDGMENT OF discovered which proves the
CONVICTION HAS BECOME FINAL AND innocence of the accused
EXECUTORY
-Habeas Corpus
(relate to Rule 39)
Remedy if judgment is not put in
- Post DNA testing
writing
- Suspended Service of Sentence (70
years of age, pregnant, or a minor
-Petition for Mandamus
higher than 15 not higher than 18,
higher than 18 not higher than 21)
Remedy in case of a judgment of
acquittal
- Probation

-in exceptional cases, MR is allowed

- Pardon
when the court absolved the
accused and it gravely abused its
- Amnesty
discretion, resulting in loss of

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
 jurisdiction or when mistrial has
occurred (Lejano v. pp, PP v. Webb,
citing Castro v. Pp)
-R65, petition for certiorari based on
the following grounds: a.) grave
abuse of discretion; or b.) denial of
due process
Rule 121; MNT/MR
Remedy against denial of the motion
-Appeal from the final judgement or order,
as the case may be.
-R65 in case of grave abuse of discretion.
(Gerales vs. CA.)
Note: motion for reconsideration is allowed
in summary procedure when it is against a
final order or judgment.

Remedies: accused at any time

before the judgment of conviction
becomes final may file a MNT on the
ground of a.) errors of law or
irregularities prejudicial to the
substantial rights of the accused;
b.) new and material evidence has
been discovered, or a MR on the
ground of error of facts or law which
requires no further proceedings.
c.) Other grounds as the court may
determine in the exercise of its
discretion: negligence or
incompetence of counsel,
Recantation of a witness where
there is no more evidence,
improvident plea of guilty which
may be withdrawn, disqualification
of attorney de officio or in the
interests of justice.
Rule 122, 123, 124, 125; Appeals
Remedy against decisions of the
Metropolitan Trial Court in Cities,
Metropolitan Trial Court, or Municipal
Circuit Trial Court.
-Motion for reconsideration
-Appeal to the RTC by notice of appeal filed
with the court that rendered the decision.
Remedy in case of adverse judgement in a
petition for certiorari by the RTC from the
order of the MTC in criminal cases
-Appeal to the CA by notice of appeal by
Rule 41, since original jurisdiction of RTC
invoked.
Remedy against decisions of the RTC
- Motion for reconsideration
- Appeal to the CA by notice of
appeal, in cases w/in its original

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
 jurisdiction, filed with the court
which rendered the decision.
- Appeal to the CA in cases decided by
the RTC in the exercise of its
appellate jurisdiction by petition
- Appeal to the CA by notice of appeal
- where the penalty imposed by the
RTC is reclusion perpetua, or life
imprisonment, or where a lesser
penalty is imposed but for offenses
committed on the same occasion or
which arose out of the same
occurrence that gave rise to the
more serious offense for which the
penalty imposed is death.
-Petition for Review on Certiorari
under R45, when only questions of
law are involved.
-appeal to the SC by R45
Remedy for extension of time in
filing briefs
-Upon motion, only in cases where
there is good or sufficient cause and
filed it is before the expiration of the
time sought to be extended. (Sec. 5,
R124)
Remedy in case of abandonment or
failure to prosecute
-Upon motion to dismiss the appeal
and with notice to the appellant, in
cases where the appellant fails to
file his brief prescribed by this Rule,
except where the appellant is
represented by a counsel de officio.

Remedy against decisions of the CA, -The appeal may also be dismissed
Sandiganbayan, and CTA on motion if the appellant escapes
from prison or confinement, jumps
-Motion for reconsideration
bail, or flees to a foreign country
-Petition for review on Certiorari during the pendency of the trial.
under Rule 45 (sec. 8, R124)

Remedy against judgment of the Motion for New Trial on Appeal

CTA in tax evasion cases
-MR w/in 15 days from notice
-if denied appel to the CTA en banc
-if en banc decision adverse, MR
w/in 15 days from notice
-At any time after an appeal from
the lower court has been perfected
and before the judgment of the CA
convicting the accused becomes
final, the latter may move for a MNT
on the ground of newly-discovered
evidence material to his defense.

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
 Motion for Reconsideration
-Filed within 15 days from notice of
the decision or final order of the CA.
The Mittimus is stayed by the
pendency of the motion.
nd
Note: no 2 MR of a judgment or
final order shall be allowed
Motion to withdraw appeal
-Notwithstanding perfection of the
appeal, appellant may by motion
withdraw his appeal, at any time
before the records have been
forwarded by the clerk of court to
the appropriate appellate court.
f. R65, in cases of grave abuse of
discretion
Remedy in case property seized is
owned by a third person
-If there is no criminal case filed
after the implementation of the
search warrant, and there are other
persons claiming rights over the
property seized, a.) Institution of an
ordinary civil action by any
interested party or b.) A special civil
action for interpleader to be filed by
the government itself.
Remedy in case of an adverse
resolution of a motion to quash a
search warrant

Rule 126; Search and seizure -File a MR within 15 days from

notice of denial, if denied R65
Remedies against an invalid search because there is no more adequate,
warrant plain and, speedy remedy in the
ordinary course of law.
a. Motion to Quash Search Warrant
(sec. 14 R126)
b. Motion to Suppress
Rule 127; Provisional remedies
Evidence(ibid)
c. Objection to Admissibility of S1- Availability of provisional
such Evidence remedies
d. Replevin
The provisional remedies in civil
e. Criminal (Art. 129 RPC) or
actions, insofar as they are
administrative case against the
applicable, may be availed of in
seizing officer.
connection with the civil action

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
 deemed instituted with the criminal
action.
LIKE:
- Preliminary attachment
- Preliminary injunction (and TRO)
- Receivership
- Replevin
- Support pendente lite
S2- Attachment
When civil action is properly instituted
in the criminal action as provided in
Rule 111, the offended party may have
the property of accused attached as
security for the satisfaction of any
judgment that may be recovered from
the accused in the ff cases:
- When accused is about to abscond
from the Philippines
 in the course of his
employment as such,
or
o by any other person in a
fiduciary capacity, or for a
wilful violation of duty
- when accused has concealed,
removed, or disposed of his
property, or is about to do so, and
- when accused resides outside of the
Philippines
Remedy of the accused in case there is an
attachment of his properties
-Motion to discharge plus the bond
-Motion to quash the attachment
-Terceria (in cases where the property
seized is owned by a third person)

- When criminal action is based on a How to discharge? Remedy S12 and S13
claim for money or property 1. MTQ in MTC (lit.motion;notice+app+3day
embezzled or fraudulently notice)
misapplied or converted to the use
If denied:
of the accused who is MR ; Basis: S4 R65 (interlocutory order; not
appealable)
o a public officer, If denied:
o officer of a corporation, Certiorari ; Basis: S1 R65 (orig.juris, not a
o attorney, continuation of MTQ)
o factor, If denied:
MR; Basis : R37 (grounded on final orders/
o broker,
judgment AM 07-07-08-SC)
o agent, If denied:
o clerk,
Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
Appeal to CA ; Basis: R 41(final judgment; Exceptions to the exemptions:
subject of appeal= judgment in certiorari 1. Execution issued upon a judgment
and order denying MR) recovered for its price
If denied: 2. Upon a judgment of foreclosure of
MR; Basis: R 52 mortgage
If denied: 3. Non-payment of taxes
Appeal to SC; Basis: R45 (pure questions of
4. Wages paid in the construction of family
law) home
Grounds for Quashal of Writ of 5. Payment in materials for the construction
Attachment of family home
1. Property exempt from execution (S13
R39) Remedy against preliminary injunction.
a. Family home or homestead and land used -Motion to Dissolve Bond plus Payment of
in connection therewith EXCEPTION: not
Bond.
exceeding 1M
b. Ordinary tools and implements in trade Remedies in cases for support pendent lite:
c. 3 horses, 3 cows or 3 carabaos or beasts
of burden used in his occupation a. seek execution of judgment (R39)
d. Necessary clothing and articles for
b. Indirect contempt (R71)
ordinary personal use EXCEPT: jewelry
4. Not entitled to payment of SPL?
e. Household furniture and utensils
Reparation for damages under CC
EXCEPTION: not exceeding 100T
5. Defenses:
f. Provisions for individual or family use (4
mos.) A. right not available to persons claiming
the same
g. Professional libraries and equipment
EXCEPTION: not exceeding 300T B. not entitled to support
h. Fishing boat and accessories EXCEPTION:
Remedies in Replevin
not exceeding 100T
i. Salaries, wages, earnings (within 4 mos. Remedy: Counter-bond; also twice the bond
Preceding levy) value
j. Lettered gravestones Remedy for Action for Replevin: Appeal
k. Monies, benefits, privileges or annuities Rule 60 relate to R126 (Search and Seizure):
from any life insurance can be subject to Writ of Replevin
l. Right to receive legal support, money or
property or pension from Gov’t
m. Properties exempted by law (land grant,
homestead)
Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
Other provisional remedies available. -Conditional Examination of Defense
Witness. (sec 13, R119)
-Barangay Protection Order and
Temporary Protection Order. (RA 9262) -Examination of the witness for the
prosecution (sec. 14, R119)
-Writ of Amparo interim reliefs.
(Temporary Protection Order, Inspection -according to Dean Tan, the modes of
Order, Production Order, and Witness discovery under civil procedure are not
Protection Order. available under criminal procedure as there
are already other specified modes.
-proposed rules on provisional orders,
Spousal Support, Child Support, Visitation
Rights, Hold Departure Order,
-end-
Administration of Common Property. Other
matters requiring urgent action.

-provisional remedies in Habeas Corpus

proceedings. (provisional order awarding
Custody, Temporary Visitation Rights, Hold
Departure Order.)

Temporary Environmental Protection Order

and SLAPP

Freeze Order under the Anti-Money

Laundrying Act.

Modes of Discovery in Criminal Procedures

-Production or Inspection of Material

Evidence in possession of the prosecution.
(sec. 10, R116)

-Conditional Examination of Witnesses for

Accused Before Trial. (sec 12, R119

Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.