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  • PRocedure in Cases (Philippines)

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    The document outlines the procedures for three different types of legal cases: 1) A criminal complaint case, which involves investigating prosecutors dismissing or appealing complaints and affidavits, with opportunities for petitions of review by the Secretary of Justice or petitions for certiorari to the Supreme Court. 2) An ejectment civil case, which follows steps like complaints, summons, motions, orders, and decisions. 3) A tax case before the Court of Tax Appeals, where a petition for review can be filed within 30 days of a decision or inaction by the Commissioner of Internal Revenue, based on jurisdiction from laws and an Executive Order.

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    The document outlines the procedures for three different types of legal cases: 1) A criminal complaint case, which involves investigating prosecutors dismissing or appealing complaints and affidavits, with opportunities for petitions of review by the Secretary of Justice or petitions for certiorari to the Supreme Court. 2) An ejectment civil case, which follows steps like complaints, summons, motions, orders, and decisions. 3) A tax case before the Court of Tax Appeals, where a petition for review can be filed within 30 days of a decision or inaction by the Commissioner of Internal Revenue, based on jurisdiction from laws and an Executive Order.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    20 views2 pages

    PRocedure in Cases (Philippines)

    Uploaded by

    Juris
    The document outlines the procedures for three different types of legal cases: 1) A criminal complaint case, which involves investigating prosecutors dismissing or appealing complaints and affidavits, with opportunities for petitions of review by the Secretary of Justice or petitions for certiorari to the Supreme Court. 2) An ejectment civil case, which follows steps like complaints, summons, motions, orders, and decisions. 3) A tax case before the Court of Tax Appeals, where a petition for review can be filed within 30 days of a decision or inaction by the Commissioner of Internal Revenue, based on jurisdiction from laws and an Executive Order.

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    of 2

    CRIMINAL COMPLAINT

    [G.R. No. 122636. March 15, 2000]


    MILTIADES C. SPANDONIS vs. DOJ, et al.

    1. Investigating Prosecutor dismissed


    A. Complaint-Affidavit
    B. Counter-Affidavit by Opposing party
    C. Reply-Affidavit
    D. Order
    E. Motion for Consideration
    F. Comment/Opposition by opposing party
    2. Petition for Review
    a. Sec. of Justice
    b. Regional State Prosecutor – DO No. 223 appeals from City Prosecutor decision where
    penalty prescribed for offense charged does not exceed PRISION CORRECCIONAL
    - Shall resolve appeals with finality
    c. Sec of Justice – Generally, has power of review and may discretionarily review from RSP
    3. Petition for Certiorari – Rule 65 to SC

    CIVIL CASE
    A. EJECTMENT

    1. Complaint – MTC
    Contract to sell
    Notice of Cancellation/Rescission – notarized
    Demand to vacate and payment
    2. Summons
    3. Sheriff’s return
    4. Order – in case of unserved summons, to submit correct or present address
    5. Manifestation – in compliance to order
    6. Motion to Serve Summons through Substituted Service with Affidavit of service – if occupant is
    different
    7. Motion for Issuance of Alias Summons – if substituted service not yet served
    8. Order motion 7
    9. Letter to Office of Clerk of Court requesting status of service summons (follow ups as necessary)
    10. Letter Request for Issuance of Alias summons to clerk of court
    11. Sheriff’s return
    12. Motion to Render Judgment – failure to answer
    13. Comment/Opposition
    14. Order on the 12
    15. Decision

    TAX CASE
    PETITION FOR REVIEW before COURT OF TAX APPEALS
    - Jurisdiction based on
    a. Section 7, RA 1125 as implemented by Rule 4, Sec. 3 of A.M. No. 05-11-07-CTA
    b. Section 228, NIRC
    c. EOJ to review CIR decision
    i. Disputed assessments
    ii. Refunds of internal revenue taxes, fees or other charges
    iii. Penalties in relation thereto
    iv. Other matters under NIRC or BIR laws
    d. Within 30 days from
    i. receipt of decision or
    ii. expiration of period for CIR to act on disputed assessments (inaction)
    NOTE: within 2 yrs prescribed by law from payment or collection of the
    taxes - inaction on refund erroneously or illegally collected

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