Practice Court 1: As Lectured by Atty. Rickson Buenviaje, With Excerpts From Riano's Book

PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
PRACTICE
COURT 1
as lectured by Atty. Rickson Buenviaje,
with excerpts from Riano’s book
DISCLAIMER
The following are the materials used for this work:
1. Lectures of Atty. Rickson Buenviaje

2. “Civil Procedure (The Bar Lectures Series) Volume 1” (2019) by Dean Willard
Riano; and
Some of the contents of the above have been paraphrased and questions propounded differently in
order to tailor the author‟s learning method.
Answers to some questions are likewise tailored to the personal preference of the author.
The 2020 Amendments to the Rules of Civil Procedure were not used in this work. Hence, notice of
hearing and explanation still appears in this work. Likewise, the verification and certification against
forum shopping observes the previous provision on the matter. However, the verification and
certificate against forum shopping under the amendments has been provided in the last portion of
this work due to Atty. Buenviaje‟s instruction to use such in writing pleadings for the exam.
I do not guaranty the absolute correctness of this work due to human errors and failure to
understand the question or concept perfectly. I apologize in advance for any error you may
encounter in this work.
However, please see to it that the error is an opportunity to learn, as Dean Jose Sundiang puts it
“The beauty of an error is to correct it, and not to perpetuate it.”
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TABLE OF CONTENTS
FRAMEWORK OF CIVIL PROCEDURE …………………………………………..... 1
Stages in Civil Procedure …………………………………………………………………. 2
CAUSE OF ACTION …………………………………………………………………. 2
Elements of cause of action ………………………………………………………………... 2
Act v. omission …………………………………………………………………………….. 2
Is it enough that there is an act or omission for the ROC to come into play? ………………. 2
Is Cause of Action synonymous with Right of Action? ……………………………………... 2
Cause of Action v. Right of Action ………………………………………………………… 2
Where no cause of action exists, can there be a right of action? …………………………….. 2
Is the right of action restricted to the plaintiff only? ………………………………………... 2
When will the Rules of Court begin to apply ……………………………………………….. 2
When can a complaint be filed? …………………………………………………………….. 3
Is verification confined to the kinds of pleadings under the ROC …………………………. 3
PREPARATION OF COMPLAINT ……………………………………………….. 3
Rules considered …………………………………………………………………………… 3
Rule 2; Cause of Action …………………………………………………………………….. 3
Rule 3; Parties to Civil Actions ……………………………………………………………... 3
Indispensable parties ……………………………………………………………………….. 3
Rule 4; Venue of Actions …………………………………………………………………... 3
Venue in criminal v. civil actions …………………………………………………………… 3
Venue of real actions v. personal actions …………………………………………………… 3
Rule 6; Kinds of Pleadings …………………………………………………………………. 4
Pleadings allowed …………………………………………………………………………... 4
Rule 7; Parts of a Pleading ………………………………………………………………….. 4
Rule 8; Manner of Making Allegations in Pleadings ………………………………………… 4
Rule 9; Effect of Failure to Plead …………………………………………………………... 4
Rule 10; Amended and Supplemental Pleadings ……………………………………………. 4
Rule 11; When to File Responsive Pleadings ……………………………………………….. 4
Rule 13; Filing and Service of Pleadings and Other Papers …………………………………. 4
FILING AND SERVICE ………………………………………………………. ……… 4
What is included under the filing of the complaint? ………………………………………… 4
Filing v. service …………………………………………………………………………….. 4
To whom should filing be made ……………………………………………………………. 5
After the OCC found the pleadings filed to be sufficient, what is his duty? ………………… 5
How much docket fees should be paid? ……………………………………………………..5
What proof is needed in order to consider one as an indigent party? ……………………….. 5
Assume that the party failed to pay correct and full docket fees,
should the court dismiss it outright? ………………………………………………………... 5
INTERIM REMEDIES AFTER FILING AND SERVICE ………………… …….. 5
Motion to dismiss ………………………………………………………………………… 5
Dismissal upon notice by plaintiff …………………………………………………….. 5
Rule as to the nature of the dismissal ………………………………………… ……….. 6
Two-dismissal rule ……………………………………………………………………. 6
Class suit ……………………………………………………………………………….. 6
Dismissal upon motion of plaintiff ……………………………………………………. 6
Rule as to counterclaims ……………………………………………………………… 6
Rule as to the nature of the dismissal ………………………………………………… 6
Class suit ……………………………………………………………………………….. 6
Dismissal due to fault of plaintiff; ……………………………………………………… 7
Grounds ……………………………………………………………………………….. 7
Who may file? …………………………………………………………………………. 7
Rule as to the nature of the dismissal ………………………………………………… 7
Amendments ……………………………………………………………………………… 7
Amendments as a matter of right .,……………………………………………………. 7
Requisites ……………………………………………………………………………… 8
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Responsive pleading …………………………………………………………………… 8
Reply …………………………………………………………………………………… 8
Motion to dismiss ……………………………………………………………………… 8
May the party amend as a matter of right after amending it before? ……………. ………… 8
Amendments by leave of court ………………………………………………………… 8
Requisites ………………………………………………………………………………. 8
Substantial amendment ………………………………………………………………… 8
Formal amendments ……………………………………………………………………. 8
Rule as to formal amendments ……………………………………………………….. 9
SUMMONS ……………………………………………………………………. ……… 9
Modes of service ………………………………………………………………………….. 9
Personal service or in person on defendant …………………………………………… 9
Modes under personal service/in person on defendant ……………………………. 9
Tender …………………………………………………………………………………. 9
Substituted service ………………………………………………………………………. 9
When is substituted service available? …………………………………………………. 9
Conditions ……………………………………………………………………………… 9
Alias summons …………………………………………………………………………… 10
Remedies available ……………………………………………………………………… 10
INTERIM REMEDIES AFTER SERVICE OF SUMMONS ……………… ……… 10
Grounds of motion to dismiss ……………………………………………………………... 10
Motion for bill of particulars ………………………………………………………………...10
Bill of particulars v. motion to dismiss ……………………………………………………... 11
Answer including affirmative defense of Motion to Dismiss ………………………………. 11
ANSWER ………………………………………………………………………………. 11
Effect of filing answer ……………………………………………………………………… 11
INTERIM REMEDIES AFTER FILING OF ANSWER ………………………… 11
Motion for judgment on the pleadings ………………………………………………… 11
Grounds ………………………………………………………………………………….. 11
To whom is judgment on the pleadings available? ……………………………….. ………. 11
Motion for summary judgment ………………………………………………………….. 11
Ground ……………………………………………………………………………………. 12
Who may avail? ……………………………………………………………………………. 12
PRE-TRIAL …………………………………………………………………………… 12
What is prepared and filed by the parties? ………………………………………………….. 12
What is issued by the court? ………………………………………………………………... 12
Rule as to pre-trial order ……………………………………………………………………. 12
TRIAL ………………………………………………………………………………….. 12
Assume that the plaintiff has two (2) witnesses,
how would the examination proceed? ………………………………………………………. 12
After the examination of witnesses, what should the plaintiff do? ………………………….. 12
What are the remedies available to the defendant after the formal offer? …………………… 12
Pleading filed in case of opposition or objection …………………………………………… 12
Assume the objection is sustained, what are the remedies available to the plaintiff? …………12
Assume the objection is overruled or no objection is posed,
what should the plaintiff do? ……………………………………………………………….. 13
After resting its case, what is the remedy available to the defendant? ……………………….. 13
Is a demurrer available to the plaintiff? ……………………………………………………... 13
Consider that no demurrer to evidence has been filed by the defendant,
and the latter has two (2) witnesses, how should examination proceed? ……………………. 13
What are the remedies available to the plaintiff after such examination? ……………………. 13
What are the remedies available to the defendant after such examination? …………………. 13
Direct examination …………………………………………………………………………. 13
Continuous examination rule ……………………………………………………………….. 13
Example of examination during trial with two (2) witnesses each ………………………….. 13
DECISION …………………………………………………………………………….. 14
POST-JUDGMENT …………………………………………………………………… 14
Remedies ……………………………………………………………………………………14
When is compromise allowed ………………………………………………………………. 14
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Considering that procedural law governs the procedure in court,
what is the purpose of substantive law? …………………………………………………….. 14
COMPLAINT ……………………………………………………………………………. 15
Basic principles …………………………………………………………………………… 15
Purpose of a complaint …………………………………………………………………… 15
Matters required to appear in a complaint ………………………………………………… 15
PARTS OF A PLEADING ……………………………………………………………. 15
CAPTION ………………………………………………………………………………… 15
What appears in a caption? ………………………………………………………………… 15
Rule as to names of parties ………………………………………………………………… 15
THE BODY ………………………………………………………………………………. 16
What appears in the body? ………………………………………………………………… 16
Rule as to causes of actions joined in one complaint ………………………………………. 16
Paragraphs ………………………………………………………………………………… 16
Importance of numbering of paragraphs …………………………………………………… 16
What are facts needed as present in a complaint? ………………………………………….. 16
Ultimate facts ……………………………………………………………………………… 16
Does the requirement of ultimate facts applicable to the plaintiff alone? ………………….. 17
Can conclusions be stated as allegations? ……………………………………………………17
Is it required that evidentiary facts appear in the complaint? ……………………………… 17
Relief ………………………………………………………………………………………. 17
General prayer ………………………………………………………………………………17
Basis for grant of general prayers …………………………………………………………... 17
Can the court grant a prayer not specifically prayed for? …………………………………… 17
SIGNATURE AND ADDRESS …………………………………………………………. 17
Which kind of pleadings must be signed? ………………………………………………….. 17
Which kind of pleadings must be dated? …………………………………………………… 18
Who may sign the pleading? ……………………………………………………………….. 18
When may a counsel sign for the party? ……………………………………………………. 18
Considering the above, what would be advisable
before the counsel signs the complaint? ……………………………………………………. 18
What if the party or his counsel did not sign the pleading? …………………………............. 18
Exceptions to effects of unsigned pleading ………………………………………………….18
What if the counsel‟s legal researcher signed the pleading? …………………………………. 18
Effect of counsel‟s signature (Warranties of counsel‟s signature) …………………………… 18
Student Practice Rule ………………………………………………………………………. 18
When is an address required in pleadings? ……………………..…………………………… 18
Purpose of including address in complaint …………………………………………………. 18
Is a post office box (P.O. Box) address allowed? …………………………………………… 18
Directly delivered to party v. P.O. Box …………………………………………………….. 19
Disciplinary action of lawyers ………………………………………………………………. 19
Is the date on the pleading the basis of reckoning period? ………………………………….. 19
Rule as to date of filing …………………………………………………………………….. 19
A pleading is due on Friday.
Counsel mailed it through registered mail on Thursday,
and subsequently arrived to opposing party on Monday.
The opposing party avers that the same was filed after the allowed period.
Is he correct? ………………………………………………………………………………. 19
As counsel in Manila, your pleading is due today.
However, due to heavy traffic in EDSA,
you were still in traffic at 430PM. Is all hope for your client lost? …………………………. 19
VERIFICATION ………………………………………………………………………… 19
Rule as to verification …………………………………………………………………….. 19
Examples of when verification required …………………………………………………… 19
Are “initiatory pleadings” restricted to first pleadings filed? ………………………………. 20
How is verification done? …………………………………………………………………. 20
When will a pleading required to have a verification
amount to an unsigned pleading? …………………………………………………………... 20
CERTIFICATION AGAINST FORUM SHOPPING ………………………………… 20
When required……………………………………………………………………………… 20
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If without certification ……………………………………………………………………. 20
That there is no certification, the plaintiff now requests that he be
allowed to amend the pleading. Can the defect be cured? ………………………………….. 21
Effect of false certification ………………………………………………………………… 21
Effect of non-compliance with the undertakings ………………………………………….. 21
Effect of wilful and deliberate forum shopping ……………………………………………. 21
Who signs the verification and certificate of forum shopping? …………………………….. 21
COMPLAINT WRITING ……………………………………………………………… 21
Formula for complaint …………………………………………………………………….... 21
Checklist …………………………………………………………………………………… 21
Designation of parties ……………………………………………………………………… 21
Is the IBP No. and Roll No. the same? ……………………………………………………... 22
Effect of MCLE No. omission ……………………………………………………………... 22
When Jurat is needed ……………………………………………………………………….. 22
For identification purposes in the jurat,
may the notary public accept a community tax certificate? ………………………………….. 22
Is an acknowledgment necessary in all complaints? ………………………………………… 22
Is copy furnished necessary? ………………………………………………………………... 22
Is a notice of hearing necessary? ……………………………………………………………. 22
Sample ………………………………………………………………………………………………. 23
MOTION ………………………………………………………………………………… 22
Definition ……………………………………………………………………………….. 22
Is a motion a pleading? ………………………………………………………………….. 22
Pleading v. motion ………………………………………………………………………. 26
Kinds of motion ………………………………………………………………………… 26
Ex parte motion ………………………………………………………………………….. 26
Examples of ex parte motions ……………………………………………………………. 26
Is a motion to set case for pre-trial limited to be filed by the party? ………………. ……… 26
Litigated motion …………………………………………………………………………. 26
Examples of litigated motions …………………………………………………………… 26
Ex parte v. litigated motions ……………………………………………………….. ……… 26
May a non-debatable issue covered by an ex parte motion be
debatable and be subjected to hearing? …………………………………………….. ……… 27
Presumption as to written motions ………………………………………………………. 27
Can a motion not expressly provided for under the Rules be filed? ………………. ………. 27
Motion for Judicial Determination of Probable Cause …………………………….. ……… 27
Form of motions …………………………………………………………………………. 27
Examples of motions made in open court …………………………………………. ………. 27
Contents of a motion ……………………………………………………………………. 28
Examples of motions which requires affidavits ……………………………………. ………. 28
Requisites of valid motions ………………………………………………………………. 28
Effect of failure to do the above …………………………………………………………. 28
Notice rules ………………………………………………………………………………. 28
Omnibus motion rule ……………………………………………………………………. 28
Exceptions to omnibus motion rule ……………………………………………………… 29
Motion day ……………………………………………………………………………….. 29
MOTION WRITING ………………………………………………………………….. 29
Formula ……………………………………………………………………………………..29
Checklist …………………………………………………………………………………… 29
Rule as to verification of motions …………………………………………………………... 29
Sample ……………………………………………………………………………………... 31
PRE-TRIAL ……………………………………………………………………………… 33
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Definition ……………………………………………………………………………......... 33
Purpose …………………………………………………………………………………… 33
Who must appear in pre-trial? ……………………………………………………………. 33
Purpose of requiring attendance of party and counsel ……………………………………. 33
Can the authority be in the form of an authorization letter? ………………………. ……… 34
Effect of failure to appear ………………………………………………………………… 34
Assuming defendant failed to appear, will the court
automatically render judgment in favor of the plaintiff? ………………………….. ………. 34
“Last pleading” …………………………………………………………………………… 34
Can a party move to reset the pre-trial conference? ……………………………….. ………. 34
Pre-trial in civil v. criminal cases ………………………………………………………….. 34
Components of pre-trial …………………………………………………………………. 35
Pre-trial conference ………………………………………………………………………. 35
Philippine Mediation Center ……….…………………………………………………….. 35
Effect of agreement or non-agreement in the PMC ………………………………. ………. 35
Judicial Dispute Resolution ………………………………………………………………. 35
Effect of agreement or non-agreement in the JDR ……………………………….. ………. 35
Rationale for re-raffling of case after failure of JDR ……………………………… ……… 36
PRE-TRIAL BRIEF WRITING ……………………………………………………… 36
Formula ……………………………………………………………………………………..36
Contents …………………………………………………………………………………….36
Effect of failure to file pre-trial brief ………………………………………………………... 36
Is copy furnished required? ………………………………………………………………… 36
Is notice of hearing required? ………………………………………………………………. 36
Is an acknowledgment required? …………………………………………………………….36
Is a verification and certification against forum shopping required? ………………………... 36
Is a jurat required? …………………………………………………………………………... 36
Additional requirement in case of corporations ……………………………………………. 36
Sample ……………………………………………………………………………………... 37
PRESENTATION OF WITNESSES AND JUDICIAL AFFIDAVIT RULE ………. 39

Example of examination during trial with two (2) witnesses each ………………………… 39
Are there instances when defendant presents first? ……………………………………… 39
When evidence offered …………………………………………………………………… 39
Are there instances when the party may be allowed
to introduce evidence after resting its case? ………………………………………………. 39
Where is Judicial Affidavit Rule (JAR) applicable? ………………………………………… 39
As judicial affidavit (JA) is in lieu of a direct testimony,
would objections applicable to the latter available to the former? ………………………… 39
Objections to JA …………………………………………………………………………. 40
When JA required to be filed ……………………………………………………………… 40
Purpose of requiring JA be filed prior to pre-trial or preliminary conference ……………… 40
Considering that both pre-trial conference and pre-trial proper
are both components of the pre-trial, to which should the reckoning period be? ………… 40
Limitations in use of JA …………………………………………………………………… 40
JAR in civil cases v. criminal cases ………………………………………………………… 40
Summary of applicability of JAR in criminal cases ………………………………………… 40
Limitations in offer of JAR ………………………………………………………………… 41
Limitations as to mode of service …………………………………………………………... 41
Deviation from the rules on service …………………………………………………………41
Rationale for allowing licensed private courier ………………………………………………41
Availability of registered mail ………………………………………………………………..41
Limitation as to language of JA ……………………………………………………………... 41
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Caveat as to language ………………………………………………………………...……… 41
Documents in the JA ………………………………………………………………………. 41
Is it necessary that documents in the JA be original? ………………………………. ……… 41
Objects in JA ……………………………………………………………………………….. 41
Contents of a JA …………………………………………………………………... ………. 41
Effects of lawyer‟s signature in JA (Warranties of lawyer‟s signature in JA) ………………… 42
Procedure in courts ………………………………………………………………………… 42
Proponent asked his witness
“In relation to this case, did you execute a Judicial Affidavit?”.
As the adverse counsel, how would you object? ……………………………………………. 42
In the above problem, the Judge stated
“Objection sustained, reform.” As the proponent, how would you reform your question? …. 42
After the question has been allowed, the witness said “Yes”.
The proponent asked “Is it a judicial affidavit?”.
As adverse counsel, how would you object? ……………………………………………….. 42
As proponent, how would you reform the question? ……………………………………… 42
Considering that the judge allowed the question, and the witness answered
“I executed a judicial affidavit.” How would you present the judicial affidavit? …………….. 42
As proponent, how would you attach the documents mentioned in the JA as exhibits? ……. 43
As proponent, after all exhibits, let‟s say up to O have been attached,
what should you do next? ………………………………………………………………….. 43
INCIDENTAL PLEADINGS …………………………………………………………... 44

Pleadings discussed ………………………………………………………………………… 44
DEMAND LETTER …………………………………………………………………….. 44
Purpose …………………………………………………………………………………….. 44
Practitioners are arguing as to where should a demand to pay and vacate is required,
in a forcible entry case or to an unlawful detainer case. To which should it apply? ………….. 44
Is the service requirement under the Rules necessary to be complied with? ………………… 44
NOTICE …………………………………………………………………………………. 44
Notice of Appearance as Counsel and Withdrawal as Counsel ………………. ..……… 44
When is a notice of appearance as counsel or withdrawal as counsel available? ……………... 44
A complaint was filed, is there a need to file a notice of appearance as counsel? ……………. 44
When notice of appearance as counsel required …………………………………………….. 44
May such notice be via motion? …………………………………………………………….. 44
Notice of Dismissal ………………………………………………………………………. 44
When available ……………………………………………………………………………... 44
What if the dismissal is by Sec.2, Rule 17? ………………………………………………….. 44
SPECIAL POWER OF ATTORNEY ………………………………………………….. 45
In civil cases, when required? ………………………………………………………………..45
“Magic words” ……………………………………………………………………………....45
In case of a special power of attorney for purposes of pre-trial, what should appear? ………. 45
Is an acknowledgment needed? ……………………………………………………………... 45
FORMAL OFFER OF EVIDENCE ……………………………………………………. 45
Rule as to necessity of offer …………………………………………………………………45
In case of objections, what pleading should be filed? ……………………………………….. 45
SAMPLES ………………………………………………………………………………… 46
Demand Letter ……………………………………………………………………………... 46
Entry of Appearance ……………………………………………………………………….. 47
Withdrawal as Counsel ……………………………………………………………………... 48
Notice of Dismissal ………………………………………………………………………… 49
Special Power of Attorney ………………………………………………………………….. 51
Formal Offer of Evidence ………………………………………………………………….. 53
Comment/Opposition …………………………………………………………………….... 55
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FRAMEWORK OF CRIMINAL PROCEDURE ……………………………………… 57
Stages ………………………………………………………………………………………. 58
ACT OR OMISSION ….................................................................................................. 58
Felony ……………………………………………………………………………………… 58
What is the importance of felony in criminal procedure? …………………………. 58
Is it enough that there is a felony in order for the
Rules of Court to come into play? ………………………………………………… 58
Is it correct to say that all criminal acts are found
in the Revised Penal Code (RPC)? ………………………………………………….58
Is it required that the SPL is strictly penal in nature (e.g. RA 9165)
in order to be considered as such? ……………………………………………….... 58
What is the initiatory pleading in criminal cases? …………………………………………… 59
Designation of parties in the complaint-affidavit …………………………………………… 59
Where should the initiatory pleading be filed? ……………………………………………… 59
When filing in OP mandatory ……………………………………………………………… 59
Is the filing in the OP in case of chartered cities an absolute rule? …………………………. 60
Procedure in the Office of the Prosecutor ………………………………………………. 60
Preliminary Investigation …………………………………………………………. 60
Purpose of preliminary investigation ……………………………………………… 60
What is the tagalog term of preliminary investigation? …………………................... 60
Probable cause …………………………………………………………................... 60
Threshold in determining necessity of PI ………………………………................... 61
If PI is not necessary, how can the case be filed? ……………………….................... 61
Imposable penalty v. imposed penalty ………………………………….................... 61
In case the IP determines that PI is not necessary, what happens next? …………... 61
In case the IP determines the necessity of PI, what will be issued? ………………... 61
Subpoena …………………………………………………………………………... 61
Pleading to be filed after issuance of subpoena ……………………………………... 61
Pleading to answer counter-affidavit ……………………………………………… 61
Pleading to answer reply-affidavit ………………………………………………… 61
Pleading to answer rejoinder-affidavit …………………………………………….. 61
Pleading filed to answer sur-rejoinder ……………………………………………... 61
Summary of pleadings during hearing in the OP ………………………………….. 61
Where should the finding or absence of probable cause be stated? ……………….. 62
If the IP determines that there is no PC, what happens next? …………………….. 62
If the IP determines that there is PC, what happens next? ……………………….. 62
Remedy against the IP‟s resolution ………………………………………………... 62
Considering that motions need not be verified,
is the rule applicable to a motion for reconsideration filed in the OP?........................ 62
In case the motion for reconsideration was denied by the OP,
will the complainant or respondent do not have any available recourse? …………. 62
Assume that the resolution found a probable cause against the respondent,
what will the IP do? ………………………………………………………………. 62
Designation of parties in the information ………………………………………… 62
Procedure in the Office of the Ombudsman ……………………………………………. 62
Jurisdiction of the Office of the Ombudsman …………………………………….. 62
Procedure in Lupon Tagapamayapa ……………………………………………………. 63
When Lupon required …………………………………………………………….. 63
Exception to same residence rule …………………………………………………. 63
Restriction as to lawyers …………………………………………………………... 64
Common types of cases brought to the Lupon …………………………………… 64
Where should a compromise agreement be executed? ……………………………. 64
After the Lupon issues a certificate to file action,
where should the complaint-affidavit be filed? ……………………………………. 64
In Flagrante Delicto ……………………………………………………………………… 64
Is there an instance where despite no complaint-affidavit filed,
an information was prepared by the IP? ………………………………………….. 64
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Is it enough that the accused was caught red handed? …………………………….. 64
Remedy of offender ………………………………………………………………. 65
What if the offender files the motion for conduct of preliminary investigation
on the 7th day upon learning of the filing? ………………………………………... 65
ISSUANCE OF WARRANT OF ARREST …………………………………………….. 65
Where should the complaint-affidavit or information be filed? …………………………….. 65
Jurisdiction of trial courts ……………………………………………………………….. 65
Is it correct to say that all cases falling under the jurisdiction of the MTC
did not undergo preliminary investigation? ………………………………………... 65
Why is direct filing only available to the MTC? …………………………………..... 65
Will all cases prior requiring filing to the Lupon all be filed to the MTC? ………..... 66
Summary of thresholds …………………………………………………………..... 66
After the complaint or information has been filed in the proper court,
what should the judge do? ………………………………………………………... 66
Is the determination of probable cause by the prosecutor
and the judge one and the same? ………………………………………………….. 66
If the judge found probable cause, what should he do next? ……………………..... 66
Jurisdiction of Sandiganbayan ………………………………………………………….. 66
Assume that a criminal case has been filed with the Ombudsman,
upon finding of probable cause where should the information be filed? …………. 68
PROVISIONAL REMEDIES TO THE WARRANT OF ARREST (AIRRS) ………. 68
Attachment ………………………………………………………………………………… 69
Is preliminary attachment in civil cases and attachment
in criminal cases one and the same? ………………………………………………. 69
Preliminary injunction ……………………………………………………………………… 69
Receivership ……………………………………………………………………………….. 69
Replevin …………………………………………………………………………………… 70
Support pendente lite ………………………………………………………………………… 70
BAIL ………………………………………………………………………………………. 70
Kinds of bail ………………………………………………………………………………... 70
Can a cash deposit be in check? …………………………………………………………….. 70
What should be the value for the property bond? …………………………………………... 70
Surety bond ………………………………………………………………………………… 70
Recognizance ………………………………………………………………………………. 70
Classifications of bail ……………………………………………………………………….. 71
Bail as a matter of right …………………………………………………………………….. 71
Why is the phrase “…of an offense not punishable by death, reclusion perpetua,
or life imprisonment” under (b) of the aforesaid section is not present under (a)
as to the MTC? …………………………………………………………………… 71
In case of the RTC, why is bail only a matter of right before conviction? ………… 71
Discretionary bail …………………………………………………………………………... 71
To what court does discretionary bail apply? ……………………………………… 72
Summary …………………………………………………………………………………… 72
Remedies …………………………………………………………………………………… 72
Assume that the crime is not punishable by death, reclusion perpetua,
or life imprisonment, but the RTC ordered upon conviction that it is not bailable,
as counsel for the accused would you tell your client that no bail is possible? ……. 72
Assume that bail was subsequently granted,
however your client‟s money is not enough,
is there any other recourse aside from paying the whole amount? ………………… 72
After bail has or has not been availed of, what comes next? ……………………………….. 72
REMEDIES AVAILABLE FROM FILING OF
INFORMATION/COMPLAINT IN COURT UP TO
PRIOR TO ARRAIGNMENT AND PRE-TRIAL …………………………………… 73
Rationale for the remedies ………………………………………………………………….. 73
Bill of particulars v. motion to quash ……………………………………………………….. 73
Motion to question validity of arrest ………………………………………………………... 73
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Motion for conduct of preliminary investigation …………………………………………… 74
Effect of filing a motion for conduct of PI ………………………………………………… 74
Considering that the above has been waived, would bail be waived as well? ………………... 74
Period for conduct of PI …………………………………………………………………… 74
Effect if motion filed after the period of five (5) days from filing of the information ……… 74
Meritorious motions ………………………………………………………………………... 74
If the motion has no plausible ground and/or without
supporting documents and evidence, what is the effect? ……………………………………. 75
Rule as to motion for postponement ……………………………………………………….. 75
ARRAIGNMENT AND PRE-TRIAL …………………………………………………. 75
Are arraignment and pre-trial conducted separately? ……………………………………….. 75
When arraignment and pre-trial set ………………………………………………………… 75
In case of a non-detained accused, how can the court acquire jurisdiction? ………………… 75
Cases referred to the Philippine Mediation Center (PMC) ………………………………….. 75
Period to conduct mediation ……………………………………………………………….. 76
Effect of failure of mediation or period to mediate expired ………………………………… 76
TRIAL …………………………………………………………………………………….. 76
Period to conduct trial ……………………………………………………………………… 76
Examination of witnesses …………………………………………………………………... 76
Is there an instance when reverse trial, where the accused presents first, is allowed? ………. 76
REMEDY AFTER TRIAL ………………………………………………………………. 76
Demurrer to evidence …………………………………………………………………….. 76
Ground for a demurrer to evidence ………………………………………………..76
Effect of demurrer to evidence …………………………………………………… 76
Kinds of demurrer to evidence …………………………………………………… 76
Effect of denial of demurrer with leave of court v. without leave of court ………... 77
PROMULGATION OF JUDGMENT …………………………………………………. 77
Period to promulgate judgment …………………………………………………………….. 77
POST-JUDGMENT REMEDIES ……………………………………………………… 77
Grounds of motion for new trial …………………………………………………………… 77
Grounds of motion for reconsideration ……………………………………………………. 77
When should a motion for reconsideration or new trial be filed? …………………………… 77
Who may file the motion for new trial or reconsideration? …………………………………. 78
Appeal ………………………………………………………………………………………78
What order can be appealed? ……………………………………………………………….. 78
Who may file an appeal? ……………………………………………………………………. 78
When can an appeal be disallowed? ………………………………………………………… 78
In the judgment, the accused was acquitted. Subsequently an appeal was set against him.
Can the court entertain the appeal? …………………………………………………………. 78
People v. Alejandro …………………………………………………………………………….78
Is a petition for annulment of judgment or relief from judgment available in criminal cases? .. 78
COMPLAINT-AFFIDAVIT/ INFORMATION ……………………………………… 80

COMPLAINT-AFFIDAVIT …………………………………………………………….. 80
Who may subscribe the complaint-affidavit? ………………………………………………... 80
Is a jurat required? ………………………………………………………………………….. 80
Would it be acknowledged? ………………………………………………………………… 80
Scilicet (S.S./S.C.) ………………………………………………………………………….. 80
INFORMATION ………………………………………………………………………… 80
Who may subscribe the information? ………………………………………………………. 80
Is a jurat necessary? …………………………………………………………………………. 80
Additional requirements ……………………………………………………………………. 80
Are the words “…wilfully, unlawfully, and feloniously” required to appear
at a specific portion of the pleading? ………………………………………………………... 80
On the signature part, will the absence of the other requirements
render a defective information? …………………………………………………………….. 81
11 | P a g e
What if the information was filed due to being caught in the act,
is a certification still necessary? ……………………………………………………………... 81
TEST OF SUFFICIENCY ……………………………………………………………… 81
Place of commission ……………………………………………………………………... 81
Rationale ………………………………………………………………………….. 81
Rule ………………………………………………………………………………. 81
Example of general allegation …………………………………………………….. 81
Crimes which require specific place of commission ………………………………. 81
Date of commission ……………………………………………………………………… 82
Rule ………………………………………………………………………………. 82
Example of general allegation …………………………………………………….. 82
Crimes which require specific date of commission ………………………………. 82
Names of offended party and accused ………………………………………………….. 82
Rationale ………………………………………………………………………….. 82
Rule as to the name of the accused ……………………………………………….. 82
How can the name of the accused be deemed sufficient? ………………………… 82
Examples of names used in case it cannot be ascertained ………………………… 82
How about the use of the name Juan Dela Cruz? ………………………………… 82
Rule as to name of the offended party ……………………………………………. 83
How can the name of the offended party be deemed sufficient? …………………. 83
Prohibition on duplicity of offense ……………………………………………………… 83
Rule as to number of acts complained of in the information ……………………… 83
An information was prepared by the investigating prosecutor
wherein it concluded that there is a probable cause that the
accused committed the illegal possession, sale, and use of drugs.
Is the information valid considering that the said acts belong to one statute,
which is RA 9165? ………………………………………………………………... 83
Mr. A and Mrs. B are spouses, married on 24 March 1980 in Makati City.
Their marriage brought them one (1) child.
Mr. A, being a businessman, went to business trips often.
During one business trip, Mr. A met Ms. C, and they fell deeply in love.
Due to their strong affection for each other,
they got married on 15 August 2019 in Baguio City.
Can Mrs. B file a case against Mr. A? …………………………………………………… 84
Would the exact place where the crime of bigamy
was committed need to be specifically stated? ……………………………………………….84
In case the investigating prosecutor determined that a case may be filed,
and is to prepare an information,
where should the information be filed and addressed to? …………………………………... 84
What if instead of Baguio, it was filed in Makati? ………………………………………….... 84
SAMPLES ………………………………………………………………………………… 85
Complaint-affidavit ………………………………………………………………………. 85
Information ……………………………………………………………………………….. 86
OTHER PLEADINGS …………………………………………………………………. 88

Is it different from pleadings in civil cases? ………………………………………………… 88
Pleadings tackled …………………………………………………………………………… 88
MOTIONS ………………………………………………………………………………... 88
Formula ……………………………………………………………………………………..88
Who files? …………………………………………………………………………………... 88
Motions filed by prosecution …………………………………………………………….. 88
Motions by public prosecutor ………………………………………………….. 88
Required signature in case filed by public prosecutor …………………… 88
Would there be a need to state the other requirements? ………………..... 88
Would there be a need of approval from the city prosecutor? …………… 88
Motions filed by private prosecutor ……………………………………………. 89
12 | P a g e
Grounds to avail private prosecutor ……………………………………... 89
Authority required ………………………………………………………. 89
Can the private prosecutor prosecute the case even
in the absence of the public prosecutor? ………………………………… 89
Up to when is the authority of the private prosecutor valid? …………….. 89
Required signature in case filed by private prosecutor ……………………89
Rationale for requiring signature of assistant city prosecutor ……………. 89
Copy furnish …………………………………………………………….. 89
Motions filed by defense …………………………………………………………………. 89
Who may file? …………………………………………………………………….. 89
Would there be a difference in the pleading based on the counsel of the accused? .. 89
When will there be a difference in the pleadings based
on the counsel of the prosecution? ………………………………………………... 89
Required persons furnished in case adverse counsel is public prosecutor …………. 89
Required persons furnished in case adverse counsel is private prosecutor ………… 90
Rationale for requiring a copy furnished to the assistant city prosecutor …………. 90
Entry of appearance ……………………………………………………………………… 90
When is an entry of appearance necessary in criminal cases? ……………………… 90
Withdrawal as Counsel …………………………………………………………………… 90
Additional requirement in case of motion to withdraw as counsel …………………90
Can such motions be filed via notice? ……………………………………………...90
FORMAL OFFER OF EVIDENCE (FOE) …………………………………………… 90
Relevance of judicial affidavit rule (JAR) …………………………………………………… 90
JAR in criminal cases ………………………………………………………………………. 90
Summary of applicability of JAR in criminal cases ………………………………………….. 90
FOE submitted by public prosecutor …………………………………………………… 90
Signature required ………………………………………………………………… 90
Is there a need for an approval of the city or assistant city prosecutor? …………… 90
Copy furnished …………………………………………………………………… 90
FOE submitted by private prosecutor …………………………………………………... 90
Signature required ………………………………………………………………… 91
Copy furnished …………………………………………………………………… 91
FOE submitted by defense ………………………………………………………………. 91
Would the enumeration of exhibits be the same with the prosecution? …………... 91
Copy furnished …………………………………………………………………… 91
COMMENT/OPPOSITION …………………………………………………………… 91
Rules ……………………………………………………………………………………….. 91
SAMPLES ………………………………………………………………………………… 92
Motion by public prosecutor …………………………………………………………….. 92
Motion (withdrawal as counsel) by private prosecutor ………………………………… 94
Entry of appearance ……………………………………………………………………… 96
FOE by public prosecutor ……………………………………………………………….. 97
FOE by private prosecutor ………………………………………………………………. 100
FOE by accused, furnished to public prosecutor ………………………………………. 102
FOE by accused, furnished to private prosecutor ……………………………………… 104
Comment/Opposition by accused, furnished to public prosecutor …………………... 106
Comment/Opposition by accused, furnished to private prosecutor ………………...... 108
Comment/Opposition by public prosecutor …………………………………………… 110
Comment/Opposition by private prosecutor …………………………………………… 112
BAR TECHNIQUES …………………………………………………………………… 114

Purpose ……………………………………………………………………………………. 114
Where to put answers ……………………………………………………………………… 114
Upon receiving the booklet, would you start on the very first right page? …………………. 114
When can the left side of the booklet be used? ……………………………………………. 114
Assuming all the right side pages has been used,
13 | P a g e
and you are about to use the left side pages, where should you start? ……………………… 114
Where should the question number be placed? …………………………………………….. 114
Assume that the question number is stated as “III”, how should it be written? …………….. 114
Paragraphs …………………………………………………………………………………. 114
What if your answer is on the 2nd to the last line,
and you still have a few more words to write,
should you write on the last line at the bottom of the page? ……………………………….. 114
Subquestions ………………………………………………………………………………. 114
Purpose of writing answers to subquestions in separate pages …………………………….. 114
Enumerations ……………………………………………………………………………… 114
Can a symbol, such as “*” be used in enumerating? ……………………………………….. 114
Assume that the question is “What are the seven (7) elements of (concept)”,
and unfortunately you forgot one of the elements, what would be advisable? ……………… 114
Assume that you still have three answers left to the enumeration,
can you use an arrow directing to the blank portion of
the booklet and continue from there? ……………………………………………………… 115
Definitions …………………………………………………………………………………. 115
Assume that in answering the question, you forgot to put a certain phrase
that would make the construction of the sentence correct, how would you correct it? ………115
Assume that you wrote a wrong phrase which completely alters your supposed answer,
what should you do? ………………………………………………………………………... 115
Assume that by mistake, upon checking your answers,
you skipped a page, what should you do? …………………………………………………... 115
Distinctions ………………………………………………………………………………… 115
REMINDERS ……………………………………………………………………………. 116

Amended verification, certification against forum shopping,
and warranties of lawyer’s signature …………………………………………………….. 116
Verification ………………………………………………………………………………… 116
Certification against forum shopping ………………………………………………………. 116
Warranties of lawyer‟s signature ……………………………………………………………. 117
Jurisdiction of the Court of Tax Appeals (CTA) ………………………………………... 117
Jurisdiction of Court of Appeals (CA) in criminal cases ……………………………….. 118
Jurisdiction of the Supreme Court in criminal cases …………………………………… 118
Exclusive appellate jurisdiction of Sandiganbayan (SB) ………………………………..119
Writing caption of appellate courts ……………………………………………………… 119
En banc cases of SC ……………………………………………………………………… 119
En banc cases of CA ………………………………………………………………………120
En banc cases of CTA ……………………………………………………………………. 121
En banc cases of SB ……………………………………………………………………… 121
Note ……………………………………………………………………………………….. 121
Sample Notice of Appeal ………………………………………………………………… 122
FINAL EXAMS ………………………………………………………………………….. 123

Distinguish “fails to tender an issue” from “no genuine issue” ………………………. 123
Define “competent evidence of identity” under the 2004 Rules on Notarial Practice .. 123
Define “Judicial Affidavit” under the Judicial Affidavit Rule ………………………….. 123
Distinguish prescription of crime from prescription of penalty ……………………….. 123
Distinguish “civil action” from “criminal action” ……………………………………… 123
Complaint for unlawful detainer ………………………………………………………… 125
Motion to quash ………………………………………………………………………….. 128
Motion to intervene ……………………………………………………………………… 130
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COMPLAINT CAUSE OF FRAMEWORK OF

ACTION CIVIL PROCEDURE
 Drafting
FILING AND SERVICE PROCEDURAL

REMEDIES
 Payment of fees  Motion to
 Filing declare in
 Service PROCEDURAL default
REMEDIES  Motion to lift
 Motion to dismiss order of
RAFFLE
(17.01,02,03) default
 Amendment (right
SUMMONS
or discretion)
 Personal
 Substituted
FINAL
 Corporation
 Extra- PROCEDURAL  Relief
territorial REMEDIES EXECUTION
 Annulment
 Publication  Motion to dismiss  Certiorari
 Motion for bill of
particulars POST-
 Motion for JUDGMENT
ANSWER NOT YET FINAL
extension of time
 Issues  Answer  Reconsideration
 New Trial JUDGMENT
PROCEDURAL  Appeal
REMEDIES
PRE-TRIAL  Motion for
judgment on the TRIAL
 Preliminary pleadings
conference  Motion for  Presentation of
 Pre-trial proper summary judgment Plaintiff‟s evidence
 Alternative Dispute  Plaintiff‟s formal
Resolution offer
o Philippine  Defendant‟s
Mediation comment or
Center PROCEDURAL objection
o Judicial REMEDIES  Court ruling as to
Dispute  Demurrer offer
Resolution  Tender of excluded
Conference  Rebuttal evidence
 Case rested
1|Page
FRAMEWORK OF CIVIL No, there must be enforcement made
PROCEDURE through the filing of the initiatory
pleading.
Stages in Civil Procedure
Q: Is Cause of Action synonymous with
1. Cause of Action; Right of Action?
2. Drafting of complaint;
3. Filing and Service; No
4. Raffle
5. Summons; Cause of Action (CoA) v. Right of Action
6. Answer; (RoA)
7. Pre-trial; CoA RoA
8. Trial NATURE Substantive Procedural
9. Judgment
DEFINITION Act or omission Right to file a
10. Post-judgment by which a party suit or to
11. Execution violates the right institute an
of another action
CAUSE OF ACTION
Q: Where no cause of action exists, can
2.02. Cause of action, defined; there be a right of action?
A cause of action is the act or omission by
which a party violates a right of another No. Instead, right of action can only
exist if there is a cause of action
Elements of cause of action
Q: Is the right of action restricted to the
1. Legal right in favor of plaintiff; plaintiff only?
2. Correlative legal duty of the defendant
to respect such rights; and No, as it refers to a “party”, hence,
3. Act or omission by such defendant in even the defendant.
violation of the right of the plaintiff
with a resulting injury or damage to Q: When will the Rules of Court (ROC)
the plaintiff for which the latter may begin to apply?
maintain an action for the recovery of
relief from the defendant Upon the filing of the initiatory
pleading such as a complaint,
Act v. omission information or complaint-affidavit, or
petition, as the case may be:
Act is positive in nature, hence the CASE PLEADING
Civil Complaint
doing of something. Criminal If Preliminary Complaint-
Investigation affidavit
Omission is negative in nature, hence (when the
the refusal or failure to do something crime has the
penalty of at
least 4 years, 2
Q: Is it enough that there is an act or months, and 1
omission for the ROC to come into play day)
If Direct Filing Information
Special Proceeding Petition
2|Page
Q: When can a complaint be filed? Indispensable parties
When a person has a cause of action. 3.07. Compulsory joinder of indispensable

parties;
Q: Is verification confined to the kinds of Parties in interest without whom no final
pleadings under the ROC (e.g. complaint, determination can be had of an action shall be
counterclaim, cross-claim, etc.) joined either as plaintiffs or defendants.
No (e.g. Statement of Claim) As an example, indispensable parties

are needed to be impleaded in order
PREPARATION OF COMPLAINT for a valid final determination.
Rules considered Rule 4; Venue of Actions
1. Rule 2; Cause of Action Under this rule, the propriety of the

2. Rule 3; Parties to Civil Actions court where the filing of the complaint
3. Rule 4; Venue of Actions should be made is provided
4. Rule 6; Kinds of Pleadings
5. Rule 7; Parts of a Pleading Venue in criminal v. civil actions
6. Rule 8; Manner of Making
Allegations in Pleadings In criminal actions, venue is
7. Rule 9; Effect of Failure to Plead jurisdictional.
8. Rule 10; Amended and
Supplemental Pleadings However, in civil actions, venue is
9. Rule 11; When to File Responsive NOT jurisdictional.
Pleadings
10. Rule 13; Filing and Service of Venue of real actions v. personal actions
Pleadings, Judgments, and Other
Papers 4.01. Venue of real actions;
Actions affecting title to or possession of real
Rule 2; Cause of Action property, or interest therein, shall be
commenced and tried in the proper court
It is necessary to know because which has jurisdiction over the are wherein
without a cause of action, no filing of the real property involved, or a portion
the complaint can be had thereof, is situated.
Rule 3; Parties to Civil Actions Forcible entry and detainer actions shall be
commenced and tried in the municipal trial
For a civil action to prosper, persons court of the municipality or city wherein the
to be impleaded must be specified in real property involved, or a portion thereof, is
order to make them answerable to the situated.
violation of the plaintiff‟s rights.
4.02. Venue of personal actions;
In the same vein, the kinds of parties
All other actions may be commenced and
must be known in order to know
tried where the plaintiff or any of the principal
those who are needed or not to be
plaintiffs resides, or where the defendant or
impleaded.
any of the principal defendant resides, or in
3|Page
the case of a non-resident defendant where he This is in accordance to due process
may be found, at the election of the plaintiff. requirements, as to inform the adverse
party of the case against him.
Hence, venue of actions shall be:
Rule 9; Effect of Failure to Plead
1. If real actions;
a. Where property situated; To know the legal repercussions of
or such failure
b. Where portion situated
2. If personal actions, at the Rule 10; Amended and Supplemental
election of the plaintiff; Pleadings
a. Where plaintiff or any
principal plaintiff resides; As to make the counsel know when
or the amending or supplementing is
b. Where defendant or any available
principal defendant
resides; or Rule 11; When to File Responsive
c. In case of a non-resident Pleadings
defendant, where he may
be found To know legal repercussions when
there is failure to do so
Rule 6; Kinds of Pleadings
Rule 13; Filing and Service of Pleadings
To enable the counsel to know the and Other Papers
allowed pleadings in civil actions
As to make the counsel aware of the
Pleadings allowed methods and means allowed by law,
and those which should be complied
6.02. Pleadings allowed; with
The claims of a party are asserted in a
complaint, counterclaim, cross-claim, third FILING AND SERVICE
(fourth, etc.)-party complaint, or complaint-
in-intervention. Q: What is included under the filing of the
complaint?
The defences of a party are alleged in the
answer to the pleading asserting a claim a) Payment
against him. a. Docket fees
b. Filing fees
An answer may be responded to by a reply. b) Filing
c) Service
Rule 7; Parts of a Pleading
Filing v. service
In order for the counsel to know what
should appear in a pleading. Filing is the act of presenting the
pleadings or other paper to the clerk
Rule 8; Manner of Making Allegations in of court.
Pleadings
4|Page
Service is the act of providing the No, in practice, the court still raffles
adverse party the copy of the pleading. the case, and gives the plaintiff ample
time to pay the same.
Q: Considering the table below, to whom
should filing be made? However, in case the defendant
objected on the ground of non-
Branch Clerk payment of full and correct docket
fees, the court orders the plaintiff fails
Branch Clerk to pay.
Office of the Clerk
TRIAL COURT
of Court
Branch Clerk Only after the failure to comply with
the order will the court resort to
Branch Clerk dismissal.
INTERIM REMEDIES AFTER FILING

Filing should be made with the Office AND SERVICE
of the Clerk of Court (OCC).
a) Motion to dismiss
Q: After the OCC found the pleadings a. By notice;
filed to be sufficient, what is his duty? b. By motion;
c. Due to fault of plaintiff
His next duty is to raffle the case to b) Amendment
any of the four branches, thereby a. Matter of right; or
transferring the pleadings to the b. With leave of court
appropriate branch clerk
Motion to dismiss
Q: How much docket fees should be paid?
17.01. Dismissal upon notice by plaintiff;
As a general rule, it should be A complaint may be dismissed by the plaintiff
payment of correct and full docket by filing a notice of dismissal at any time
fees before service of the answer or of a motion
for summary judgment. Upon such notice
As an exception, indigent parties are being filed, the court shall issue an order
allowed to pay less than the full confirming the dismissal. Unless otherwise
docket fees stated in the notice, the dismissal is without
prejudice, except that a notice operates as an
Q: What proof is needed in order to adjudication upon the merits when filed by a
consider one as an indigent party? plaintiff who has once dismissed in a
competent court an action based on or
Certificate of Indigency including the same claim.
Q: Assume that the party failed to pay Under this mode of dismissal, the
correct and full docket fees, should the dismissal itself is the notice, NOT the
court dismiss it outright? confirmation issued by the court.
Hence, this dismissal is a matter of
right.
5|Page
Rule as to the nature of the dismissal action unless within fifteen (15) days from
notice of the motion he manifests his
GR: Without prejudice preference to have his counterclaim resolved
ER: If stated in the notice; or in the same action. Unless otherwise specified
Two-dismissal rule in the order, a dismissal under this paragraph
shall be without prejudice. A class suit shall
Two-dismissal rule not be dismissed or compromised without the
approval of the court.
Under the last portion of the
provision, the dismissal by notice shall Under this mode of dismissal, the
be with prejudice under the following plaintiff needs the approval of the
requisites: court, as the answer or the motion for
summary judgment has already been
a) Plaintiff twice dismissed the filed.
action BY NOTICE;
b) Based on or including the Those that does not fall under
same claim; and dismissal upon notice, shall fall under
c) In a court of competent this provision
jurisdiction
Rule as to counterclaims
Notice that under the third requisite, it
must be in a court of competent The dismissal under this provision is
jurisdiction. Hence, if it is wrongly limited ONLY TO THE
filed in a court which has no COMPLAINT. Hence, the
jurisdiction, the rule would not apply. counterclaim remains, and the
defendant may prosecute:
Class suit
GR: In a separate action
Take note that under the next section, ER: Manifests his intent to
class suit cannot be dismissed without prosecute the counterclaim in
the approval of the court. the same action within fifteen
(15) days from receipt of the
Hence, dismissal upon notice cannot notice
be made in case of a class suit
Rule as to the nature of the dismissal
17.02. Dismissal upon motion of plaintiff;
Except as provided in the preceding section, a GR: Without prejudice
complaint shall not be dismissed at the ER: If stated in the order
plaintiffs instance save upon approval of the
court and upon such terms and conditions as Class suit
the court deems proper. If a counterclaim has
been pleaded by a defendant prior to the Under the last portion of the
service upon him of the plaintiffs motion for provision, a class suit can ONLY be
dismissal, the dismissal shall be limited to the DISMISSED or COMPROMISED
complaint. The dismissal shall be without with the APPROVAL OF THE
prejudice to the right of the defendant to COURT.
prosecute his counterclaim in a separate
6|Page
Hence, class suit cannot be dismissed Rule as to the nature of the dismissal
by notice.
GR: With prejudice
17.03. Dismissal due to fault of plaintiff; ER: Declared by court
If, for no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his NOTICE MOTION FAULT
evidence in chief on the complaint, or to Nature Matter of Upon court‟s Available
right discretion upon
prosecute his action for an unreasonable presence
length of time, or to comply with these Rules of ground
or any order of the court, the complaint may
be dismissed upon motion of the defendant Who may Plaintiff Plaintiff Court or
or upon the court‟s own motion, without file defendant
prejudice to the right of the defendant to When Before After service Upon
prosecute his counterclaim in the same or in a filed service of of answer or presence
separate action. This dismissal shall have the answer or motion for of the
effect of an adjudication upon the merits, motion for summary ground
unless otherwise declared by the court. summary judgment
judgment
Under this mode of dismissal, the Prejudice GR: Without GR: Without GR: With
court motu proprio or upon motion of ER: If stated ER: If ER:
the defendant may move for such, in the notice declared by Declared
under specific grounds court by court
Grounds
Amendments
a) Failure to appear, without justifiable
reason on the date of the presentation 10.01. Amendments in general;
of his evidence in chief; Pleadings may be amended by adding or
b) Failure to prosecute his action for an striking out an allegation or the name of any
unreasonable length of time (non- party, or by correcting a mistake in the name
prosequitur); of a party or a mistaken or inadequate
c) Failure to comply with the Rules; or allegation or description in any other respect,
d) Failure of the plaintiff to comply with so that the actual merits of the controversy
the court‟s order may speedily be determined, without regard to
technicalities, and in the most expeditious and
Q: Who may file? inexpensive manner.
It would depend: 10.02. Amendments as a matter of right;

A party may amend his pleading once as a
1. If no summons served yet; the matter of right at any time before a responsive
court, as the defendant has yet to pleading is served or, in the case of a reply, at
exist; any time within ten (10) days after it is served.
2. If summons already served; the
court or the defendant Under this mode of amendment, the
party has the ABSOLUTE RIGHT to
amend his pleadings.
7|Page
Requisites 10.03. Amendments by leave of court;
Except as provided in the next preceding
a) Before a responsive pleading served; Section, substantial amendments may be made
and only upon leave of court. But such leave may
b) Availed only once be refused if it appears to the court that the
motion was made with intent to delay. Orders
Responsive pleading of the court upon the matters provided in this
Section shall be made upon motion filed in
As it refers to a responsive pleading, court, and after notice to the adverse party,
the right is available to: and an opportunity to be heard.
a) Plaintiff as to his complaint, Under this mode of amendment,

before answer served; or consent of the court is needed after a
b) Defendant as to his answer, responsive pleading has been filed.
before service of reply
After the filing of the responsive
Reply pleading, it ceases to be a matter of
right, and begins to be discretionary
As a reply has no responsive pleading
thereto, the provision provides that Requisites
the pleading may be amended within
ten (10) days from service thereof. a) Leave of court; and
b) Substantial amendment
Motion to dismiss c) NOT intended for delay
Such motion is NOT a responsive Substantial amendment

pleading. It may refer to a change or addition of
a cause of action/s.
During the pendency of said motion,
the amendment is still available. 10.04. Formal amendments;
A defect in the designation of the parties and
After the order of dismissal is served, other clearly clerical or typographical errors
the right is still available within fifteen may be summarily corrected by the court at
(15) days. any stage of the action, at its initiative or on
motion, provided no prejudice is caused
However, after said fifteen (15) days, thereby to the adverse party
the order has already become final and
the right is no longer available. Under this provision, formal
amendments are allowed at any stage
Q: May the party amend as a matter of of the proceeding
right after amending it before?
Formal amendments
No, it ceases to be as a matter of right
and now becomes discretionary upon
This refers to:
the court.
a) Defects in designation of the
parties;
8|Page
b) Clerical errors; or Tender
c) Typographical errors
It is available in case of refusal to
Rule as to formal amendments accept by the defendant.
GR: Allowed However, the tender must be made in

ER: If prejudice will result to the the presence of the defendant.
adverse party Consider the following scenario:
MATTER OF WITH LEAVE Defendant: Ayaw ko nga!

RIGHT OF COURT Sheriff: Bahala ka dyan, basta
When availed Before service After service of
of responsive responsive
iwan ko yan sayo
pleading; or pleading
In case of a Substituted service
reply, within 10
days from 14.07. Substituted service;
receipt thereof
If, for justifiable causes, the defendant cannot
Court’s duty Ministerial Discretionary be served within a reasonable time as
What Formal and Formal and provided in the preceding section, service may
amendments substantial substantial be effected:
allowed
a) By leaving copies of the summons at

SUMMONS
the defendant‟s residence with some
person of suitable age and discretion
Modes of service
then residing therein, or
1. In person on defendant (personal);
b) By leaving the copies at defendant‟s
2. Substituted;
office or regular place of business with
3. Upon corporations;
some competent person in charge
4. Extra-territorial; and
thereof.
5. Publication
Personal service or in person on defendant Q: When is substituted service available?
In case of failure to render personal

14.06. Service in person on defendant;
service at least twice or thrice,
Whenever practicable, the summons shall be
substituted service may be resorted to.
served by handing a copy thereof to the
defendant in person, or, if he refuses to
Conditions
receive and sign for it, by tendering it to him.
1. Defendant’s residence, to a person
Modes under personal service/in person of;
on defendant a. Suitable age;
b. Discretion; and
1. Personally handing over; and c. Residing therein
2. Tender, in case of refusal
2. Defendant’s office or regular place
of business, with a person with
9|Page
a. Competence; and b) That the court has no jurisdiction over
b. In-charge thereof the subject matter of the claim;
(NOTE: For Brondial babies, read c) That venue is improperly laid;

the case of Manotoc v. CA)
d) That the plaintiff has no legal capacity
Alias summons to sue;
14.05. Issuance of alias summons; e) That there is another action pending

If a summons is returned without being between the same parties for the same
served on an or all of the defendants, the cause;
server shall also serve a copy of the return on
the plaintiff‟s counsel, stating the reasons foor f) That the cause of action is barred by a
the failure of service, within five (5) days prior judgment or by the statute of
therefrom. In such a case, or if the summons limitations;
has been lost, the clerk, on demand of the
plaintiff, may issue an alias summons. g) That the pleading asserting the claims
states no cause of action;
Remedies available
h) That the claim or demand set forth in
a) In case of failure to comply; the plaintiff‟s pleading has been paid,
plaintiff may file motion to declare waived, abandoned, or otherwise
defendant in default; extinguished;
b) In case defendant appeared; motion
to lift order of suspension i) That the claim on which the action is
founded is unenforceable under the
INTERIM REMEDIES AFTER provisions of the statute of frauds;
SERVICE OF SUMMONS and
1. Motion to Dismiss j) That a condition precedent for filing

2. Motion for Bill of Particulars the claim has not been complied with.
3. Motion for Extension of Time
4. Answer including affirmative defense Motion for bill of particulars
of Motion to Dismiss
12.01. When applied for; purpose;
Grounds of motion to dismiss Before responding to a pleading, a party may
move for a definite statement or for a bill of
16.01. Grounds; particulars of any matter which is not averred
Within the time for but before filing the with sufficient definiteness or particularity to
answer to the complaint or pleading asserting enable him properly to prepare his responsive
a claim, a motion to dismiss may be made on pleading. If the pleading is a reply, the motion
any of the following grounds: must be filed within ten (10) days from service
thereof. Such motion shall point out the
a) That the court has no jurisdiction over defects complained of, the paragraphs
the person of the defending party wherein they are contained, and the details
desired.
10 | P a g e
Bill of particulars v. motion to dismiss ANSWER
In practice, it is advisable to avail of a Effect of filing answer

motion to dismiss for two different
reasons: a) Issues are joined; and
b) The court may decide the matter
a) If the bill of particulars is
availed, it is as if the defendant INTERIM REMEDIES AFTER FILING
is saying “Pre, ayusin mo naman OF ANSWER
pleading mo para makasagot ako
maayos”; or a) Motion for judgment on the
pleadings; and
b) Motion to dismiss may be b) Motion for summary judgment
resorted to as a strategic
means of “delaying” the Motion for judgment on the pleadings
proceedings (e.g. client cannot
be present on certain dates) 34.01. Judgment on the pleadings;
Where an answer fails to tender an issue, or
Hence, it is wise to file a motion to otherwise admits the material allegations of
dismiss especially when the pleading is the adverse party‟s pleading, the court may, on
really vague or lacking. It is advisable motion of that party, direct judgment on such
to find a ground under the motion to pleading. However, in actions for declaration
dismiss as counsel already knows that of nullity or annulment of marriage or for
the pleading is wanting in some legal separation, the material facts alleged in
points. the complaint shall always be proved.
Answer including affirmative defense of Grounds

Motion to Dismiss
Judgment on the pleadings is available
16.06. Pleading grounds as affirmative when the answer:
defenses;
If no motion to dismiss has been filed, any of a) Fails to tender an issue (NO
the grounds for dismissal provided for in this ISSUE AT ALL); or
Rule may be pleaded as an affirmative defense b) Admits material allegations of
in the answer and, in the discretion of the the adverse
court, a preliminary hearing may be had
thereon as if a motion to dismiss had been Q: To whom is judgment on the pleadings
filed. available?
The dismissal of the complaint under this
section shall be without prejudice to the Plaintiff
prosecution in the same or separate action of
a counterclaim pleaded in the answer. Motion for summary judgment
35.01. Summary judgment for claimant;

A party seeking to recover upon a claim,
counterclaim, or cross-claim or to obtain a
declaratory relief may, at any time after the
11 | P a g e
pleading in answer thereto has been served, TRIAL
move with supporting affidavits, depositions
or admissions for a summary judgment in his Q: Assume that the plaintiff has two (2)
favor upon all or any part thereof. witnesses, how would the examination
proceed?
35.02. Summary judgment for defending
party; It would be done in the following
A party against whom a claim, counterclaim, manner:
or cross-claim is asserted or a declaratory
relief is sought may, at any time, move with Witness 1: Direct (D)
supporting affidavits, depositions or Re-direct (RD)
admissions for a summary judgment in his Cross (X)
favor as to all or any part thereof. Re-cross (RX)
Ground Witness 2: D
RD
No genuine issue X
RX
Q: Who may avail?
Q: After the examination of witnesses,
Any party asserting a claim or relief. what should the plaintiff do?
Hence, it may be the plaintiff or
defendant He should do a formal offer of
exhibit/ evidence
PRE-TRIAL
Q: What are the remedies available to the
Q: What is prepared and filed by the defendant after the formal offer?
parties?
He may:
Pre-trial brief
a) Waive his right to object; or
Q: What is issued by the court? b) Oppose/object
Pre-trial order Pleading filed in case of opposition or

objection
Rule as to pre-trial order
Comment/opposition
It serves as the by-laws of the case,
hence, as a general rule, those not Q: Assume the objection is sustained,
appearing in the pre-trial order shall what are the remedies available to the
NOT be allowed. plaintiff?
As an exception, matters can be He may use the following remedies:

allowed for good cause.
a) Motion for Reconsideration, if
however denied, he may;
b) Tender of Excluded Evidence
12 | P a g e
Q: Assume the objection is overruled or Q: What are the remedies available to the
no objection is posed, what should the defendant after such examination?
plaintiff do?
It is the same as plaintiff‟s remedies
He must rest its case
Direct examination
Q: After resting its case, what is the
remedy available to the defendant? Note that it is now subject to the
Judicial Affidavit Rule (JA)
He may do any of the following:
Continuous examination rule
a) File a demurrer to evidence; or a) Civil cases
b) Present rebuttal evidence a. Lower courts; 90 days
b. SC and CA; perpetual
Q: Is a demurrer available to the plaintiff? b) Criminal cases
a. Trial
No, as the provision only provides for i. Ordinary; 180 days
the plaintiff. ii. Dangerous drugs;
60 days
Furthermore, considering the b. Decision
circumstances, it is the plaintiff who i. Ordinary; 90 days
has the burden of proving his case, ii. Dangerous drugs;
but not the defendant. 15 days
Q: Consider that no demurrer to evidence Example of examination during trial with

has been filed by the defendant, and the two (2) witnesses each
latter has two (2) witnesses, how should
examination proceed? P’s WITNESS D’s WITNESS
1 W1: D (JA) W1: D (JA) 5
RD RD
Likewise, the examination shall X X
RX RX
proceed as: 2 W2: D (JA) W2: D (JA) 6
RD RD
X X
Witness 1: D RX RX
RD 3 Formal offer Formal offer 7
X D’s Remedy: P’s Remedy:
RX Object Object
through through
comment/ comment/
Witness 2: D opposition opposition
RD P’s remedy in case D’s remedy in case
X objection sustained: objection sustained:
MR; or MR; or
RX Tender of Tender of
excluded excluded
evidence evidence
Q: What are the remedies available to the 4 Rest its case Rest its case 8
plaintiff after such examination?
D’s remedy:
Demurrer; or
It is the same as to defendant‟s Present
rebuttal
remedies, EXCEPT demurrer to evidence
evidence
13 | P a g e
DECISION
POST-JUDGMENT
Remedies
a) If final;
a. Petition for annulment of
judgment
b. Petition for relief from
judgment; or
c. Petition for certiorari
b) Not final
a. Motion for reconsideration;
b. Appeal
Q: When is compromise allowed?
As a general rule, compromise is

allowed at any time from the raffle to
execution.
As an exception, annulment of
marriage CANNOT be compromised
Q: Considering that procedural law

governs the procedure in court, what is
the purpose of substantive law?
Its purpose is to determine the rights,

duties, and obligations of the parties.
14 | P a g e
COMPLAINT CAPTION
Basic principles 7.01. Caption;

The caption sets forth the name of the court,
1. Must state ultimate facts; the title of the action, and the docket number
2. Must specify relief sought; if assigned.
3. Must be dated and signed
4. Must be verified The title of the action indicates the names of
5. Must include a certification against the parties. They shall all be named in the
forum shopping original complaint or petition; but in
subsequent pleadings, it shall be sufficient if
6.03. Complaint; the name of the first party on each side be
The complaint is the pleading alleging the stated with an appropriate indication when
plaintiff‟s cause or causes of action. The there are other parties.
names and residences of the plaintiff and
defendant must be stated in the complaint Their respective participation in the case shall
be indicated
Purpose of a complaint
Republic of the Philippines
To sue another for the enforcement National Judicial Capital Region
Regional Trial Court, Branch __
or protection of a right, or the Pasay City
prevention or redress of a wrong
Ruth Tenajeros,
Matters required to appear in a complaint Plaintiff
v. Civil Case No. _

1. Ultimate facts; FOR: ________
2. Relief sought; Juan Enriquez Galvez,
3. Dated; Defendant
4. Signed by party OR his counsel
5. Address of party OR his counsel Q: What appears in a caption?
PARTS OF A PLEADING 1. Name of the court

2. Title of the action;
1. Caption a. Names of the parties; and
2. The body 3. Docket number, IF ASSIGNED
a. Paragraphs
b. Headings Rule as to names of parties
c. Relief
d. Date Original complaint: ALL named
3. Signature and address Subsequent: Name of first
4. Verification party on each
5. Certification against forum side sufficient
shopping
15 | P a g e
THE BODY Q: What appears in the body?
7.02. The body; a) Designation;

The body of the pleading sets forth its b) Allegations;
designation, the allegations of the party‟s a. Claims
claims or defences, the relief prayed for, and b. Defenses
the date of the pleading, c. Relief prayed for
d. Date of the pleading
a) Paragraphs. – The allegations in the
body of a pleading shall be divided Rule as to causes of actions joined in one
into paragraphs so numbered as to be complaint
readily identified, each of which shall
contain a statement of a single set of It should be prefaced by the words:
circumstances so far as that can be
done with convenience. A paragraph a) First cause of action;
may be referred to by its number in all b) Second cause of action; and so on
succeeding pleadings.
To address the above, it should be
b) Headings. – When two or more causes prefaced by:
of action are joined, the statement of
the first shall be prefaced by the a) Answer to first cause of action;
words “first cause of action,” of the b) Answer to second cause of action;
second by “second cause of action,” and so on
and so on for the others
Paragraphs
When one or more paragraphs in the They should be numbered
answer are addressed to one of several
causes of action in the complaint, they Importance of numbering of paragraphs
shall be prefaced by the words
“answer to the first cause of action” For ready identification and in
or “answer to the second cause of subsequent pleading it may be referred
action” and so on; and when one or to by the number WITHOUT the
more paragraphs of the answer are need to repeat the entire allegation
addressed to several causes of action,
they shall be prefaced by words to that Q: What are facts needed as present in a
effect. complaint?
c) Relief. – The pleading shall specify the Only ultimate facts. It is not
relief sought, but it may add a general necessary that it be a narration or
prayer for such further or other relief exhaustive of all matters.
as may be deemed just or equitable.
Ultimate facts
d) Date. – Every pleading shall be dated
Facts which are essential to party‟s
cause of action or defense
16 | P a g e
Q: Does the requirement of ultimate facts Q: Can the court grant a prayer not
applicable to the plaintiff alone? specifically prayed for?
No, as it states claims or defences, As a general rule, no, as it is required

hence not to plaintiff alone that relief must be specifically stated.
As an exception, a general prayer
Q: Can conclusions be stated as would allow for other reliefs. Hence:
allegations?
GR: No, must be specific
No, because conclusions are for the ER: General prayer
courts to make
(NOTE: In practice, DO NOT
Q: Is it required that evidentiary facts RELY on general prayers, as many
appear in the complaint? courts still apply the concept of NO
relief stated, shall NOT be granted)
No, as evidentiary facts are to be
proven during trial, and NOT by the SIGNATURE AND ADDRESS
pleadings.
7.03. Signature and address;
As an exception, in environmental Every pleading must be signed by the party or
cases covered by the Rules of counsel representing him, stating in either
Procedure for Environmental case, all case his address which should not be a post
evidence proving the cause of action office box.
shall be attached
The signature of counsel constitutes a
Relief certificate by him that he has read the
pleading; that to the best of his knowledge,
It must be specific, but a general information, and belief there is good ground
prayer may be included. to support it; and that it is not interposed for
delay.
The rule requiring the statement of
relief is due to the fact that the court An unsigned pleading produces has no legal
cannot grant a relief not prayed for. effect. However, the court may, in its
discretion, allow such deficiency be remedied
General prayer if it shall appear that the same was due to
mere inadvertence and not intended for delay.
Other remedies just and equitable are likewise Counsel who deliberately files an unsigned
prayed for. pleading, or sign a pleading in violation of this
Rule, or alleges scandalous or indecent matter
Under the general prayer, other therein, or fails to promptly report to the
remedies, even not the one specifically court a change of his address, shall be subject
sought, may be given by the court. to appropriate disciplinary action
Basis for grant of general prayers Q: Which kind of pleadings must be

signed?
1. Facts admitted during trial;
2. Pieces of evidence presented ALL pleadings must be signed
17 | P a g e
Q: Which kind of pleadings must be Q: What if the counsel’s legal researcher
dated? signed the pleading?
ALL pleadings must be dated It is procedurally defective, as what is

required is the party or his counsel.
Q: Who may sign the pleading?
Effect of counsel’s signature (Warranties
It must be the party (plaintiff) OR his of counsel’s signature)
counsel
It constitutes as a certificate that:
Q: When may a counsel sign for the party?
1. He has read the pleading;
If he represents the party-plaintiff 2. To the best of his knowledge,
information, and belief, there is
It follows, that if he is not good ground to support it; and
representing the party, he has no 3. It is not interposed for delay
business in signing.
Student Practice Rule
Q: Considering the above, what would be
advisable before the counsel signs the While the student signs the pleading,
complaint? the lawyer remains the supervisor of
the student, only upon the latter‟s
File an entry of appearance with the direct order and supervision may the
court, to inform the court of his student act as such
representation
Q: When is an office address required in
Q: What if the party or his counsel did not pleadings?
sign the pleading?
ALL pleadings must contain an
It has no legal effect, as an unsigned address
pleading.
Purpose of including address in complaint
As an unsigned pleading, it produces
NO legal effect In order to afford the court easy
service of court processes
Exceptions to effects of unsigned
pleading Q: Is a post office box (P.O. Box) address
allowed?
The unsigned pleading shall have legal
effect, hence as if it was signed, if the No, as it is a general address
failure to sign:
It is not allowed as the court requires
1. Is not intended for delay; or an address to which processes may be
2. By mere inadvertence (honest received directly, as to avoid any delay.
mistake)
18 | P a g e
Directly delivered to party v. P.O. Box Q: As counsel in Manila, your pleading is
due today. However, due to heavy traffic
In direct delivery, the party is ensured in EDSA, you were still in traffic at
to receive the letter at the soonest 430PM. Is all hope for your client lost?
possible time.
No, you may still proceed to the SM
On the other hand, the practice in a Mall of Asia (MOA) in Pasay.
P.O. Box, is that it is collected first in
bunches before it sent to recipients. In MOA, the mailing service is until
Hence, delay is apparent under this 10:00PM
mode.
VERIFICATION
Disciplinary action of lawyers
7.04. Verification;
1. Deliberately filing an unsigned Except when otherwise specifically required
pleading; by law or rule, pleadings need not be under
2. Signs a pleading in violation of the oath , verified or accompanied by affidavit.
Rules;
3. Alleges scandalous or indecent matter; A pleading is verified by an affidavit that the
or affiant has read the pleading and that the
4. Fails to promptly report change of allegations therein are true and correct of his
address personal knowledge or based on authentic
records.
Q: Is the date on the pleading the basis of
reckoning period? A pleading required to be verified which
contains a verification based on “information
No, it merely provides for the date and belief” or upon “knowledge, information
when said pleading was made. and belief,” or lacks a proper verification,
shall be treated as an unsigned pleading.
The date for computation of the
reckoning period shall be the date that Rule as to verification
appears on the stamp of the court.
GR: NOT required
Rule as to date of filing ER: If required by law or rule
1. Registered mail; date of mailing; Examples of when verification required

2. Private courier; actual receipt
a) Initiatory pleadings;
Q: A pleading is due on Friday. Counsel b) Petitions for certiorari, prohibition,
mailed it through registered mail on mandamus, quo warranto, and other writs
Thursday, and subsequently arrived to (“Latins”)
opposing party on Monday. The opposing c) Summary Procedure pleadings.
party avers that the same was filed after
the allowed period. Is he correct?
No, that it was mailed on Thursday,

the same is deemed as filed on
Thursday, and NOT on Monday.
19 | P a g e
Q: Are “initiatory pleadings” restricted to
first pleadings filed? b) If there is such other pending action
or claim, a complete statement of the
No, it includes those which has claims present status thereof; and
for relief
c) If he should thereafter learn that the
Q: How is verification done? same or similar action or claim has
been filed or is pending, he shall
It is done through an affidavit repost that fact within five (5) days
containing the following: therefrom to the court wherein his
aforesaid complaint or initiatory
a) Affiant has read the pleading; pleading has been filed.
b) Allegations therein are true
and correct: Failure to comply with the foregoing
a. Of his personal requirements shall not be curable by mere
knowledge; or amendment of the complaint or other
b. Based on authentic initiatory pleading but shall be cause for the
records dismissal of the case without prejudice, unless
otherwise provided, upon motion and after
Q: When will a pleading required to have hearing.
a verification amount to an unsigned
pleading? The submission of a false certification or non-
compliance with any of the undertaking
a) Based on: therein shall constitute indirect contempt of
a. Information and belief; or court, without prejudice to the corresponding
b. Knowledge, information and administrative and criminal actions.
belief
b) Lacks proper verification If the acts of the party or his counsel clearly
constitute wilful and deliberate forum
CERTIFICATION AGAINST FORUM shopping, the same shall be ground for
SHOPPING summary dismissal with prejudice and shall
constitute direct contempt, as well as a cause
7.05. Certification against forum for administrative sanctions.
shopping;
The plaintiff or principal party shall certify When required
under oath in the complaint or other initiatory
pleading asserting a claim for relief, or in a Pleadings asserting claim for relief
sworn certification annexed thereto and
simultaneously filed therewith: If without certification
a) That he has not theretofore It is a ground for:

commenced any action or filed any
claim involving the same issues in any a) Dismissal WITHOUT
court, tribunal, or quasi-judicial agency PREJUDICE; or
and, to the best of his knowledge, no b) Dismissal WITH PREJUDICE
such other action or claim is pending a. If provided; and
therein; b. Upon motion and hearing
20 | P a g e
Q: That there is no certification, the COMPLAINT WRITING
plaintiff now requests that he be allowed
to amend the pleading. Can the defect be Formula for complaint (C)
cured?
C = FR+OR
No, amendment cannot cure the
defect as expressly stated under the Where:
provision.
FR = Formal requirements
Effect of false certification OR = Other requirements
Indirect contempt Checklist
Effect of non-compliance with the 1. FR:

undertakings a. Caption
i. Court
Indirect contempt ii. Title
1. Names of
Effect of wilful and deliberate forum parties
shopping 2. Designation of
parties
It shall be a ground for summary iii. Docket number
dismissal WITH prejudice and direct b. Body
contempt. i. Participation/ personal
circumstances of
Furthermore, it shall be a cause for parties;
administrative sanctions. ii. Allegations
iii. Relief sought
WITHOUT FALSE NON- WILFUL AND c. Dated and signed
COMPLIANCE DELIBERATE
FORUM d. Verification
SHOPPING e. Certification against forum
Ground for Indirect Indirect Ground for
dismissal contempt contempt summary shopping
dismissal 2. OR (Counsel‟s details):
WITH a. Integrated Bar of the
prejudice
Philippines (IBP) No.
Direct b. Roll No.
contempt c. Mandatory Continuing Legal
Education (MCLE) No.
d. Professional Tax Receipt
Q: Who signs the verification and
(PTR) No.
certificate of forum shopping?
Designation of parties
GR: Party (plaintiff) himself
ER: Authorized counsel in writing CASE PARTIES
Civil Plaintiff Defendant
Criminal If Complainant Respondent
Preliminary
Investigation
21 | P a g e
(when the Q: For identification purposes in the jurat,
crime has may the notary public accept a
the penalty
of at least 4
community tax certificate?
years, 2
months, and No, under the 2004 Rules on Notarial
1 day) Evidence, community tax certificate
If Direct Plaintiff Accused does not amount to identification.
Filing
Special Proceeding Petitioner Respondent
Q: Is an acknowledgment necessary in all
complaints?
Q: Is the IBP No. and Roll No. the same?
No, an acknowledgment is necessary
No, they are different.
only in cases there are transfer of
rights. (e.g. conveyance, SPA)
Roll No. does not change from the
moment it was given.
Q: Is copy furnished necessary?
(Pagkapasa mo, i-memorize mo roll
No, as it is still in the stage of filing
number mo kasi di na magbabago
Q: Is a notice of hearing necessary?
yan, cellphone number nga kaya nyo
imemorize)
Not yet, as it still in the stage of filing.
On the other hand the IBP No, as a
Q: Mr. A and Mr. B, residents of Manila
general rule, changes from time to
and Caloocan, respectively, entered into a
time, UNLESS lifetime membership
loan agreement dated 14 February 2019,
has been elected.
where Mr. B borrowed Php500,000 from
Mr. A.
Effect of MCLE No. omission
Under the loan agreement, it shall be paid
At the first instance, a fine will be
in five (5) installments starting from
imposed.
March and ending in July 2019, and in
case of failure to pay any of the
However, in subsequent violations,
installments, the whole amount shall be
disbarment may be bestowed.
immediately demandable. As a security, a
promissory note dated 14 February 2019
When Jurat is needed (JURATIN MO!)
was executed by Mr. B.
ACSV:
As of 14 March 2019, no payment was
made which prompted Mr. A to send a
1. Affidavit;
demand letter, demanding the whole
2. Certification;
obligation.
3. Sworn Statement; and
4. Verification
As no payment was made after demand,
Mr. A engaged the services of Atty.X, with
office at Makati, for the amount of
Php500,000. What case would be filed?
Collection for sum of money

22 | P a g e
Republic of the Philippines FOR EXAM
Interchangeable, as long as National Capital Judicial Region PURPOSES:
“Republic of the Philippines” is Regional Trial Court, Br. __
on top Manila If not sure or facts
are silent, leave it
blank. (e.g. ___
FOR EXAM Judicial Region)
Mr. A, PURPOSES:
Plaintiff, CAPTION
If wrong
jurisdiction, no
credit is given
v. Civil Case No.___
For: Collection of
Sum of Money
Mr. B, Simpler and

shorter, yet the
Defendant. “Separator”
same meaning.
x------------------------------------x ”
PREFATORY PARAGRAPH COMPLAINT Including “that”,
“Pagpapakilala” allows for
Plaintiff, by counsel, states that: omission in the
latter portions
1. Mr. A (Plaintiff), is a Filipino, of legal age, single, and a resident of Manila. Plaintiff is Personal
represented by Atty. X, with office address at Makati; circumstances
of parties,
including the
2. Mr. B (Defendant) is a Filipino, of legal age, single, and a resident of Caloocan; counsel
3. On 14 February 2019, Defendant borrowed the amount of Php500,000 from the Plaintiff, In citing
evidenced by a “Loan Agreement” and secured by a “Promissory Note” executed by the documents,
be specific
defendant and both dated on the same day. A copy of the Loan Agreement and the and include
Promissory Note are attached as Annex A and B, respectively; details such as
BODY the date and
number, if
4. Under the Loan Agreement, payment shall be done through five (5) installments, starting any.
March and ending on July, and the failure to pay any of the installments shall make the
ALLEGATION
whole obligation demandable; After citing

the document,
do not forget
5. On 14 March 2019, defendant failed to pay the instalment; to attach, as
Annexes
6. On _____, plaintiff sent a “Demand Letter” to defendant, a copy of which is attached as
S
Annex C;
7. Despite the receipt of the demand letter, defendant failed to pay, which prompted the
plaintiff to file this complaint; There is no hard and fast rule in the manner making allegations. As long as the cause of action
will be proven, then it is enough. If however, it is still insufficient, then go on in alleging.
8. (Provision of law)
For example, in a case for collection of sum of money, the following must be present:
FOR EXAM PURPOSES: 1. Existence of an agreement;
2. Terms and conditions of said agreement;
Place the specific provision IF 3. Demand;
KNOWN, if not, state (Provision 4. Failure to pay despite demand
of Law)
23 | P a g e
PRAYER
WHEREFORE, premises considered, plaintiff respectfully prays that:

FOR EXAM
PURPOSES:
Date when 1. Mr. B be ordered to pay the amount of Php500,000;
pleading was 2. Mr. B be ordered to pay damages; and
made. If none,
place (DATE)
3. Other reliefs just and equitable are likewise prayed for.
For the place, (Date), Makati for Manila

where FOR EXAM PURPOSES:
pleading was
made, and (sgd) DO NOT SIGN, merely indicate
where the Atty. X (sgd)
court is
located.
Address
Contact No. If signed, would amount to marking
SIGNATURE
If both are in
E Email Address.
the same
place, such AND Roll No. ________ These are
place would ADDRESS IBP No. ________ interchangeable,
suffice PTR No. ________ as long as they
are complete.
MCLE Compliance No._
If the facts are
silent, leave the
numbers blank
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, Mr. X, of legal age, single, residing at Manila, respectfully states that:
1. I have read the pleading;

VERIFICATION
2. To the best of my knowledge, information and belief, there is good ground to support it;
VERIFICATION
AND 3. It is not interposed for delay;
CERTIFICATION 4. I have not commenced any action or filed any claim involving the same issues in any court,
AGAINST
tribunal, or quasi-judicial agency and, to the best of his knowledge, no such other action or
SHOPPING
AGAINST FORUM
CERTIFICATION
FORUM
SHOPPING claim is pending therein;
5. If there is such other pending action or claim, a complete statement of the present status
thereof; and
6. If I should thereafter learn that the same or similar action or claim has been filed or is
pending, he shall repost that fact within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
IN WITNESS WHEREOF, I hereunto affixed my signature this (Date) at Makati City.
(sgd) FOR EXAM PURPOSES:

Mr. X DO NOT SIGN, if signed would amount to
Affiant marking. Merely place (sgd)
24 | P a g e
JURAT
SUBSCRIBED AND SWORN to before me this (Date) at (Place where signed), affiant, Mr.
A, exhibiting to me his (Identication Card with details)
Complaint, as an initiatory NOTARY PUBLIC

pleading, needs to have a Jurat. Commission expires on.
(Address)
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
Doc. No. __
Page No. __
Book No. __
Series of __
25 | P a g e
MOTION Ex parte motion
Definition The following are the characteristics

of an ex parte motion:
15.01. Motion defined;
A motion is an application for relief other 1. Does NOT require parties be
than by a pleading heard;
2. Court may act upon WITHOUT
Q: Is a motion a pleading? prejudicing the rights of the other
party (non-debatable issues)
No 3. Notice STILL required to be given
to the adverse party
(NOTE: As per Atty. Buanviaje‟s
opinion, a motion is a pleading, in line Examples of ex parte motions
with the definition of a pleading.)
1. Extension of time
Pleading v. motion 2. Postponement
3. To set case for pre-trial
PLEADING MOTION
In writing? Yes Yes, except: Q: Is a motion to set case for pre-trial
limited to be filed by the party?
1. Made in
open No, the court may motu proprio order
court; or to set the case for pre-trial
2. In the
course of Litigated motion
hearing
or trial
(15.02) It is a motion where the issues are
debatable
Can be Yes No
initiatory? Examples of litigated motions
Order on Yes No 1. To dismiss (Rule 16);

such stated 2. Summary judgment (Rule 35);
in 3. Reconsideration
judgment?
Ex parte v. litigated motions
Kinds of motion
EX PARTE LITIGATED
1. Ex parte Issues NON- Debatable
2. Litigated debatable
Hearing NOT Required

required
Notice Required Required
26 | P a g e
Q: May a non-debatable issue covered by the rights of the
an ex parte motion be debatable and be adverse party
subjected to hearing?
Q: Can a motion not expressly provided
Yes. Consider the following example for under the Rules be filed?
on a motion for extension of time or
for postponement. Yes, motions are not restricted to
those stated under the Rules.
The above motions have already been
prayed for twice or thrice, it then As long as counsel can substantiate his
becomes debatable for delay motion, it is sufficient to be filed.
resolution of the case. Hence, the
above motions are: Motion for Judicial Determination of
Probable Cause
GR: Ex parte motions;
ER: Litigated, in case of This is a prohibited pleading in a
delay in the resolution criminal case as of 1 September 2017
of the case under the Rules on Revised
Guidelines in Continuous Trial.
Presumption as to written motions
Determination of probable cause is
15.04. Hearing of motions; NOT a judicial function, but rather an
Except for motions which the court may act executive function.
upon without prejudicing the rights of the
adverse party, every written motion shall be Form of motions
set for hearing by the applicant.
15.02. Motions must be in writing;
Every written motion required to be heard All motions shall be in writing except those
and the notice of the hearing thereof shall be made in open court or in the course of a
served in such a manner as to ensure its hearing or trial.
receipt by the other party at least three (3)
days before the date of hearing, unless the Hence:
court for good cause sets the hearing on
shorter notice. GR: In writing;
ER: Made in open court; or
Written motions shall be presumed as In the course of a hearing or
litigated motions, except when the trial
court may act upon it without
prejudicing the rights of the adverse Examples of motions made in open court
party (ex parte). Hence, written
motions are: 1. Recess;
2. Continuance
GR: Litigated motions; 3. To strike;
ER: Ex parte, when the 4. To confer with my client;
court may act upon it 5. To exclude the public;
without prejudicing 6. To transfer markings
27 | P a g e
Contents of a motion later than ten (10) days after the filing of the
motion.
15.03. Contents;
A motion shall state the relief sought to be 15.06. Proof of service necessary;
obtained and the grounds upon which it is No written motion set for hearing shall be
based, and if required by these Rules or acted upon by the court without proof of
necessary to prove facts alleged therein, shall service thereof.
be accompanied by supporting affidavits and
other papers. Hence, the following shall be required:
Hence, the first two (2) contents must 1. Proof of service;

appear, while the last content is 2. Notice of hearing;
required only in some instances: 3. Set for hearing
1. Relief sought; Effect of failure to do the above

2. Ground, basis, arguments;
3. Affidavits: The motion is considered pro forma, a
a. If required by the Rules; or mere scrap of paper not entitled to
b. Necessary to prove the judicial cognizance.
facts therein
Notice rules
Examples of motions which requires
affidavits Three (3) day notice rule, is the
giving of notice to the adverse party at
1. Chattel mortgage; Of good faith; least three (3) days prior to the
2. New trial; Of merits intended date of hearing.
Requisites of valid motions On the other hand, the ten (10) day
notice rule, is the giving of notice to
15.04. Hearing of motions; the court as to enable them to prepare
Except for motions which the court may act and set the hearing in the Calendar of
upon without prejudicing the rights of the Cases. It is likewise for the benefit of
adverse party, every written motion shall be the adverse party.
set for hearing by the applicant.
Omnibus motion rule
Every written motion required to be heard
and the notice of the hearing thereof shall be 15.08. Omnibus motion;
served in such a manner as to ensure its Subject to the provisions of Section 1 of Rule
receipt by the other party at least three (3) 9, a motion attacking a pleading, order,
days before the date of hearing, unless the judgment, or proceeding shall include all
court for good cause sets the hearing on objections then available, and all objections
shorter notice. not so included shall be deemed waived.
15.05. Notice of hearing; 9.01. Defenses and objections not pleaded;

The notice of hearing shall be addressed to all Defenses and objections not pleaded either in
parties concerned, and shall specify the time a motion to dismiss or in the answer are
and date of the hearing which must not be deemed waived. However, when it appears
28 | P a g e
from the pleadings or the evidence on record MOTION WRITING
that the court has no jurisdiction over the
subject matter, that there is another action Formula
pending between the same parties for the
same cause, or that the action is barred by a M = FR + OR + R.15
prior judgment or by statute of limitations, the
court shall dismiss the claim. Checklist
An omnibus motion is a motion 1. FR:

attacking a pleading, order, judgment, a. Caption
or proceeding. i. Court
ii. Title
Omnibus motion rule requires all 1. Names of
objections available to be stated, and parties
all objections NOT stated are deemed 2. Designation of
waived. parties
iii. Docket number
Exceptions to omnibus motion rule b. Body
i. Allegations
The following objections are NOT ii. Relief sought
deemed waived despite failure to state c. Dated and signed
such ground: 2. OR:
a. IBP No.
1. Lack of jurisdiction over the b. Roll No.
subject matter; c. MCLE No.
2. Litis pendentia; d. PTR No,
3. Res judicata; 3. R.15
4. Prescription a. Notice of hearing
b. Proof of service
Motion day
Rule as to verification of motions
As a general rule, motions are heard
on Friday afternoons GR: Need not be verified;
ER: Motions for reconsideration of
(NOTE: However, in practice, courts resolutions to the Prosecutors
may set any other day as to cater their Office (Manual for
Calendar of Cases) Prosecutors Office)
Q: Mr. A filed a case for collection of sum

of money for the amount of Php500,000 in
the RTC of Quezon City, Branch 2,
against Mr. B with docket number 1234.
The former is a resident of Quezon City,
while the latter resides in Makati.
Mr. A is represented by Atty. X of ABC

law firm in Ortigas. On the other hand,
29 | P a g e
Mr. B is represented by Atty. Z of XYZ As the due date for the responsive
law firm in Ortigas. pleading is in two (2) days, Atty. Z
foresees the impossibility of filing of said
Summons was properly served to Mr. B on responsive pleading. What would Atty. Z’s
1 December 2019. recourse be?
Subsequently, Atty. Z filed his entry of

appearance on 14 December 2019 with the He may file for a motion for
RTC QC, Br.2 for his representation of extension of time to file a
Mr. B. responsive pleading
30 | P a g e
National Judicial Capital Region
Regional Trial Court, Branch 2
Quezon City
Mr. A,
Plaintiff, While in this case, the
defendant is the movant, the
placement of their remains as
to how they were designated in
v. the complaint. Civil Case No. 1234
FOR: Sum of Money
Hence, the defendant‟s name
Mr. B, DOES NOT appear first
despite being the movant.
Defendant.
x-----------------------------------------------------------------------------------------------------------------x
MOTION
Defendant, by counsel, states that:
No need to 1. Defendant received the summons on 1 December 2019;

state personal 2. Under the Rules of Civil Procedure, the defendant has fifteen (15) days to file his
circumstances responsive pleading which is until 16 December 2019;
of the parties 3. Counsel for the defendant foresees the impossibility of filing a responsive
pleading as his services was engaged only on 14 December 2019;
PRAYER
WHEREFORE, defendant prays that:

Include a prayer
to “take note” 1. The Court takes note of this motion;
for pleadings 2. The defendant be granted additional fifteen (15) days to file a responsive
filed after the pleading;
initiatory 3. Other reliefs just and equitable are likewise prayed for
pleading
14 December 2019. Ortigas for Quezon City
(sgd)
A law firm
XYZ Law Firm is a juridical
Ortigas Center, Quezon City person.
Email
Contact No. As a
By: Atty. Z juridical
person, it
Roll No. cannot
IBP No. sign, hence
PTR No. the counsel
MCLE Compliance No. must do so
31 | P a g e
Notice of Hearing and Copy Furnished To: or Notice of Hearing: Of the two,
Branch Clerk of Court, RTC, Br.2 Branch Clerk of Court, RTC, Br.2 the former
Quezon City Quezon City is much
efficient
considering
Atty. X Atty. X the
ABC Law Firm ABC Law Firm repetitive
Ortigas Ortigas stating of
recipients.
Copy Furnished To:
Copy
Branch Clerk of Court, RTC, Br.2 furnished
Quezon City may be to
the
Atty. X defendant
himself OR
ABC Law Firm
his counsel
Ortigas if
represented
IF LITIGATED MOTION IF EX PARTE MOTION
In litigated Mr. A Mr. A
motions, it
is necessary Greetings! Greetings!
to inform
the adverse
party of the Please take note that the Motion will be Please take note that the Motion will be
hearing submitted for the consideration of this submitted for the consideration of this
date and Court on (date and time) Court upon receipt hereof:
time.
(sgd) (sgd)
Atty. Z Atty. Z
IF PERSONAL IF REGISTERED MAIL

SERVICE
In cases of
No need to include an Filing only (Service Service only (Filing Filing and service availing
explanation, as personally served) personally served) registered
personal service is the mail, the
preferred method. EXPLANATION EXPLANATION EXPLANATION reason for
such
availing
A copy of this Motion A copy of this Motion A copy of this MUST be
was filed via Registered was served to the other Motion was filed stated.
Mail due to lack of counsel via Registered and served to the
manpower Mail due to lack of other counsel via The most
manpower Registered Mail due common
reason is
(sgd) to lack of lack of
Atty. Z (sgd) manpower manpower
Atty. Z or long
(sgd) distance.
Atty. Z
Notice that other requirements are not
required to appear under the above
portions. OR is required only in the
signature portion
32 | P a g e
PRE-TRIAL For its ultimate purpose, it is to take
all necessary steps in the speedy
Definition disposition of cases.
Mandatory procedure done prior to Q: Who must appear in pre-trial?

the trial, after the last pleading has
been served and filed 18.04. Appearance of parties;
It shall be the duty of the parties and their
Purpose counsel to appear at the pre-trial. The non-
appearance of a party may be excused only if a
18.02. Nature and purpose; valid cause is shown therefor or if a
The pre-trial is mandatory. The court shall representative shall appear in his behalf fully
consider: authorized in writing to enter into an amicable
settlement, to submit to alternative modes of
a) The possibility of an amicable dispute resolution, and to enter into
settlement or of a submission to stipulations or admissions of facts and of
alternative modes of dispute documents.
resolution;
As a general rule, both the party
b) The simplification of issues; AND his counsel must appear at pre-
trial.
c) The necessity or desirability of
amendments to the pleadings; However as an exception, the party‟s
appearance may be excused if the
d) The possibility of obtaining following are present:
stipulations or admissions of facts an
of documents to avoid unnecessary a) Valid cause; and
proof; b) Authorized in writing through
a special power of attorney
e) The limitation of the number of (SPA), with the following
witnesses; authorities to:
a. Enter into amicable
f) The advisability of a preliminary settlement;
reference of issues to a commissioner; b. Submit to alternative
modes of dispute
g) The propriety of rendering judgment resolution; and
on the pleadings, or summary c. Enter into stipulations
judgment, or of dismissing the action or admissions of facts
should a valid ground therefor be and of documents
found to exist;
Purpose of requiring attendance of party
h) The advisability or necessity of and counsel
suspending the proceedings; and
Amicable settlement
i) Such other matters as may aid in the
prompt disposition of the action.
33 | P a g e
Q: Can the authority be in the form of an evidence to the exclusion of any
authorization letter? objections from the defendant.
No. (Bakit ipapakuha mo ba documents However, determination of probative

mo?) weight is upon the discretion of the
court.
Effect of failure to appear
“Last pleading”
18.05. Effect of failure to appear;
The failure of the plaintiff to appear when so It may be an answer or a reply
required pursuant to the next preceding
section shall be cause of dismissal of the Q: Can a party move to reset the pre-trial
action. The dismissal shall be with prejudice, conference?
unless otherwise ordered by the court. A
similar failure on the part of the defendant Yes, subject to the court‟s discretion,
shall be cause to allow the plaintiff to present under any of the following grounds:
his evidence ex parte and the court to render
judgment on the basis thereof. a) Absence of the party or counsel,
due to good ground or justifiable
As to the plaintiff, it shall be a cause reason;
for the dismissal of the action, under b) Judge is on leave;
the following rule as to prejudice: c) Presence of prejudicial question;
d) Novelty of the issues (e.g. Fujiki v.
GR: With prejudice; Marinay);
ER: Without prejudice, if e) Recognition of foreign divorce
otherwise ordered by decree (e.g. at the time, the SC has
the court no rule as to where it must be
filed, RTC or Family Court)
On the other hand, as to the
defendant, it shall be a cause to: Pre-trial in civil v. criminal cases
a) Allow plaintiff to present CIVIL CRIMINAL

Movant to set Plaintiff Court (no
evidence ex parte; the case for motion by
b) Court to render judgment on pre-trial? parties required)
the basis thereof
When motion After the last After
Q: Assuming defendant failed to appear, made? pleading arraignment and
within thirty
will the court automatically render (30) days from
judgment in favor of the plaintiff? the date the
court acquired
No, the court will still render jurisdiction over
judgment based on the merits and the person of
the accused
pieces of evidence presented.
Consideration Yes GR: NO
The allowance to present evidence ex of compromise
parte merely allows the presentation of (amicable ER: NOT
settlement) prohibited to
settle (e.g. via
34 | P a g e
Affidavit of Philippine Mediation Center (PMC)
Desistance)
Necessity of NOT required, Required, in line

signatures of while preferably with the For a non-extendible period of thirty
parties and signed, would presumption of (30) days, the following cases may be
counsel still be binding innocence and referred to the PMC and be
despite absence the right against compromised:
of such self-
incrimination.
a) Civil cases;
If it is not b) Criminal cases;
signed by the a. Criminal negligence;
party AND his b. BP.22 cases;
counsel, it
c. Libel;
cannot bind the
party. d. Estafa under
paragraph one (1);
Effect of non- Plaintiff; ground NONE, case e. Theft, except qualified
appearance for dismissal will still theft;
prospoer f. Those cognizable by
Defendant;
allows plaintiff RTC.
to present
evidence ex parte Crimes against persons CANNOT be
and for the referred to the PMC
court to render
judgment on the
basis thereof Effect of agreement or non-agreement in
the PMC
Sanctions for Upon the Upon the
non- parties (plaintiff counsel or In case the parties agree, the same
appearance or defendant) prosecutor shall be approved.
Submission of Required NOT required
pre-trial brief On the other hand, in case of
disagreement, the parties will then
Components of pre-trial be subjected to Judicial Dispute
Resolution
a) Pre-trial conference;
b) Pre-trial proper; Judicial Dispute Resolution (JDR)
c) Referral to the Philippine Mediation
Center; and The Judge of the case where raffled
d) Judicial Dispute Resolution will attempt to amicably settle the
parties
Pre-trial conference
Effect of agreement or non-agreement in
Done before the BCC, to: the JDR
a) Name witnesses; In case of agreement, the Judge will

b) Enter into stipulations; and issue a compromise agreement.
c) Marking of evidence
On the other hand, in case of
disagreement:
35 | P a g e
b. Statement of proposed facts;
GR: The case will be re- c. Issues to be tried;
raffled to another d. Witnesses to be presented;
court; e. Documents
ER: Parties agreed to f. Availment of Modes of
conduct trial in the Discovery
same court, despite g. Applicable Laws and
such failure Jurisprudence
h. Copy furnished
Rationale for re-raffling of case after
failure of JDR Effect of failure to file pre-trial brief
It is done as the Judge can be said to The same as to failure to appear

no longer be free from bias and his
independent judgment may have been Q: Is copy furnished required?
affected by the statements made by
the parties involved Yes
PRE-TRIAL BRIEF WRITING Q: Is notice of hearing required?
Formula No, Rule 18 DOES NOT require

such
PTB = FR + OR + R.18
Q: Is an acknowledgment required?
Contents
No, does not transfer rights
1. FR:
a. Caption Q: Is a verification and certification
i. Court against forum shopping required?
ii. Title
1. Names of No, it is neither an initiatory pleading
parties nor a “latin” pleading
2. Designation of
parties Q: Is a jurat required?
iii. Docket number
b. Body No, not among ACSV
i. Allegations
ii. Relief sought Additional requirement in case of
c. Dated and signed corporations
2. OR:
a. IBP No. There must be:
b. Roll No.
c. MCLE No. 1. Board resolution; or
d. PTR No, 2. Secretary‟s certificate
3. R.18
a. Willingness to enter into an
amicable settlement;
36 | P a g e
National Capital Judicial Region
Regional Trial Court, Br. 2
Quezon City
Mr. A,
Plaintiff,
v. Civil Case No. 1234

FOR: Collection of
Sum of Money and
Damages
Mr. B,
Defendant.
x-----------------------------------------------------------------------------------------------------------------x
PRE-TRIAL BRIEF
Plaintiff, by counsel, submits this pre-trial brief as follows:
I. Willingness to enter into an amicable settlement
Plaintiff is willing to amicably settle the case upon terms beneficial to both parties;
II. Statement of proposed facts
1. On 14 February 2019, Mr. A and Mr. B entered into a “Loan Agreement” where the
latter borrowed Php500,000, and secured with a “Promissory Note” executed on the
same day;
2. That under the “Loan Agreement”, payment shall be made in five (5) installments
starting from March and ending in July, and failure to pay any installments shall make the
whole amount demandable;
3. On 14 March 2019, no payment was made;
4. A demand letter was sent to Mr. B, but no response nor payment was made
Kaya nyo na
gumawa nang III. Issues to be tried
issue, mga
jowa nyo nga 1. Whether or not ______________________________
lagi nyo
ginagawan 2. Whether or not ______________________________
issue 3. Whether or not ______________________________
IV. Witnesses to be presented
1. Mr. A;
37 | P a g e
There is no 2. Two (2) witnesses in the loan agreement;

need to state 3. Messenger; Reservation
the purpose 4. Notary public can only be
at this stage. for trial
Furthermore,
The plaintiff reserves the right to present additional witnesses that may be presented in the In pre-trial,
if purpose is course of the trial only those
stated, the stated under
adverse party V. Documents the pre-trial
will be able to brief may
prepare. appear.
1. Loan Agreement dated 14 February 2019; The above
2. Promissory Note dated 14 February 2019; witnesses are to
3. Demand Letter dated _______________ authenticate these
documents
VI. Availment of Modes of Discovery
VII. Applicable Laws and Jurisprudence
PRAYER
WHEREFORE, plaintiff prays that:
1. This court takes note of this pre-trial brief; and

2. Other reliefs just and equitable are likewise prayed for
(Date). Ortigas for Quezon City
(sgd)
ABC Law Firm
Ortigas Center, Quezon City
Email
Contact No.
By: Atty. X
Roll No.
IBP No.
PTR No.
MCLE Compliance No.
Copy furnished:
Atty. Z
XYZ Law Firm
Ortigas Center, Quezon City
EXPLANATION
A copy of this Motion was served to the other counsel via Registered Mail due to lack of manpower
(sgd)
Atty. X
38 | P a g e
PRESENTATION OF WITNESSES In civil cases, as per Atty. Buanviaje,
AND JUDICIAL AFFIDAVIT RULE he never had personally experienced a
reverse trial in civil cases.
Example of examination during trial with
two (2) witnesses each In practice, the court trying the case in
instances when an affirmative defense
P’s WITNESS D’s WITNESS is stated in the answer, the court does
1 W1: D (JA) W1: D (JA) 5 any of the following:
RD RD
X X 1. Through a position paper; or
RX RX 2. Defense simultaneously heard
2 W2: D (JA) W2: D (JA) 6 with plaintiff‟s presentation
RD RD
X X When evidence offered
RX RX
3 Formal offer Formal offer 7 It depends on the nature of the
evidence:
D’s Remedy: P’s Remedy:
Object Object 1. Testimonial; prior to calling
through through witness to take his stand; or
comment/ comment/ 2. Documentary and object; after the
opposition opposition testimony of the witness
P’s remedy in D’s remedy in Q: Are there instances when the party may
case objection case objection be allowed to introduce evidence after
sustained: sustained: resting its case?
MR; or MR; or
Tender of Tender of Yes, in cases of rebuttal evidence.
excluded excluded
evidence evidence However, Atty. Buanviaje stated to
4 Rest its case Rest its case 8 not rely on introducing evidence
through rebuttal as it is harder to do
D’s remedy: so in practice.
Demurrer;
or Hence, he suggested offering all
Present available evidence during the party‟s
rebuttal presentation of evidence.
evidence
Q: Where is Judicial Affidavit Rule (JAR)
Q: Are there instances when defendant applicable?
presents first?
It is in lieu of direct testimony.
Yes, in criminal cases when a reverse (Nothing more, nothing less)
trial is conducted (e.g. self-defense)
Q: As judicial affidavit (JA) is in lieu of a
direct testimony, would objections
applicable to the latter available to the
former?
39 | P a g e
Yes, objections are likewise available Q: Considering that both pre-trial
considering that JAR takes the place conference and pre-trial proper are both
of direct testimony components of the pre-trial, to which
should the reckoning period be?
Objections to JA
According to Atty. Buanviaje, the
It may be done in any of the following answer is not clear as to which one
manner: should be the reckoning period for the
five (5) days.
1. With particularity and with
reference to JA He thus suggested to ask the court,
a. “Question 4 is being through the clerk or other court
objected to on the ground officers, as to what is their practice in
that _______”; or previous cases.
2. When witness called to take his
stand, which must be after the Limitations in use of JA
formal offer of his testimony (No
offer, nothing to object to) 1. Nature of case;
2. Offer;
3. Service; and
When JA required to be filed 4. Language
Sec.2. Submission of Judicial Affidavits JAR in civil cases v. criminal cases

and Exhibits in lieu of direct testimonies;
(a) The parties shall file with the court and In civil cases, all civil cases are
serve on the adverse party, personally or by encouraged to apply the JAR.
licensed courier service, not later than five
days before pre-trial or preliminary On the other hand, in criminal cases,
conference or the scheduled hearing with it is applicable to criminal actions:
resepect to motions and incidents, the
following: 1. Maximum penalty does not exceed
xxx six (6) years;
2. Accused agreed to use of JA,
Hence, it should be filed not later than regardless of penalty involved; or
five (5) days before the pre-trial or 3. In the civil aspect of the crime,
preliminary conference. whatever penalties involved are
Purpose of requiring JA be filed prior to Summary of applicability of JAR in

pre-trial or preliminary conference criminal cases
It is necessary as the following are 6

included in the Pre-Trial Order: MTC RTC
1. In the stipulation of facts; JA GR: Not JA

2. Marking of such; and ER: Accused agrees
3. Naming of witnesses
40 | P a g e
(NOTE: Notice that JA is applicable Limitation as to language of JA
in the MTC as it has jurisdiction over
crimes which have penalties that do It should be in a language known to
not exceed six (6) years. the witness, which may be English,
Filipino, or any other dialect.
Be reminded that that four (4) years,
two (2) months, and one (1) day is In cases of any other dialect, a
relevant only as to the preliminary translation to English or Filipino must
investigation, but NOT as to be attached.
jurisdiction.)
Caveat as to language
Limitations in offer of JAR
Atty. Buanviaje suggested to weigh in
The offer should be orally made, as it the intellectual capacity of the witness.
is in lieu of direct testimony.
Hence, use words that are at par with
Limitations as to mode of service the witness‟ knowledge as to avoid any
doubt as to fabrication in the mind of
The service of the JA must be: the trier.
1. Personal service; or Documents in the JA

2. Licensed private courier
Documents should be:
Deviation from the rules on service
1. With specific reference (e.g.
The mode of service under the JA is a annexed); and
deviation from the preferred modes of 2. Attached
service under the Rules, in which the
second preferred mode is through Q: Is it necessary that documents in the
registered mail. JA be original?
Rationale for allowing licensed private No, a mere photocopy is sufficient

courier
However, during trial, it must be the
It is to expedite the case. original or a certified true copy
Through a licensed private courier, Objects in JA

courts are assured that the adverse
party can receive the copy faster. Photographs of the object should be
attached in the JA, subject to the
Availability of registered mail presentation of the object upon
request of the adverse party.
As per Atty. Buenviaje, no definite
court ruling on the matter has been Contents of a JA
laid.
1. Personal circumstances of the witness;
Hence it would seem that registered 2. Personal circumstances of the lawyer;
mail would still be allowed. 3. Oath or affirmation;
41 | P a g e
4. Signature The objection would be sustained on
5. Jurat the ground that the question is
leading.
Effects of lawyer’s signature in JA
(Warranties of lawyer’s signature in JA) Q: In the above problem, the Judge stated
“Objection sustained, reform.” As the
1. That the lawyer has faithfully recorded proponent, how would you reform your
or caused to be recorded the questions question?
he asked and the answers the witness
gave; and I would state:
2. That the witness was not coached by
the lawyer nor any other person “In relation to this case, did
present or assisting him you execute any document?”
Procedure in courts The question would now be allowed,

as it is not leading.
1. The court will call the case;
2. Appearances Q: After the question has been allowed,
a. Counsels introduce themselves the witness said “Yes”. The proponent
3. The court will ask: asked “Is it a judicial affidavit?”. As
a. “Are your witnesses ready?” adverse counsel, how would you object?
4. Upon an affirmative response, the
court shall order to: I would object on the same ground,
a. “Call your witness” that it is leading
5. The witness shall take an oath or
affirmation; Q: As proponent, how would you reform
6. Offer the question?
a. Prior to taking the stand, the
testimony must be offered; I would reform by saying:
OR
b. No need to offer, if the JA “What document did you
already offered execute?”
7. Questions
a. Attach documents as exhibits; Q: Considering that the judge allowed the
b. After every exhibits has been question, and the witness answered “I
attached, the JA is marked as executed a judicial affidavit.” How would
part of witness‟ testimony you present the judicial affidavit?
Q: Proponent asked his witness “In I would present by stating

relation to this case, did you execute a
Judicial Affidavit?”. As the adverse “I have here a judicial affidavit
counsel, how would you object? consisting of five (5) pages.
On page five, there appears to
I would say: be a signature on top of a
name, do you recognize the
“Objection! No basis.” name and the signature?”
42 | P a g e
Q: As proponent, how would you attach
the documents mentioned in the JA as
exhibits?
I would ask in the following manner:
P: In your answer in question

number four (4), you
mentioned that you executed a
(document), is it true?
W: Yes
P: I have here a (document), do

you recognize the name and
the signature in here?
W: Yes, this is my name and my

signature
P: May we request that this

(document) be attached as
Exhibit A.
Q: As proponent, after all exhibits, let’s

say up to O have been attached, what
should you do next?
I would request that the court mark

the JA as Exhibit P-1
BENCH
BAR
“Ang goal nyo, malagpasan yung bar.

Yang bench di lahat
sinusuwerte maabot yan”
43 | P a g e
INCIDENTAL PLEADINGS Q: A complaint was filed, is there a need
to file a notice of appearance as counsel?
Pleadings discussed
No, as the pleading filed shall be
1. Demand letter; deemed as the entry of appearance
2. Notice of:
a. Appearance as counsel When notice of appearance as counsel
(Entry of appearance); required
b. Withdrawal as counsel;
c. Dismissal 1. In civil cases;
3. Special power of attorney; a. Counsel for defendant;
4. Formal offer of evidence and b. For new counsels after
comment/opposition original counsel withdrew
2. In criminal cases; private
DEMAND LETTER prosecutor
Purpose Q: May such notice be via motion?
A demand is necessary in some cases Yes, but it must comply with the
as a condition sine qua non prior to the requirements of a motion
filing of a complaint
Additional requirement in case of
Q: Practitioners are arguing as to where withdrawal of appearance
should a demand to pay and vacate is
required, in a forcible entry case or to an In these cases, the conformity of the
unlawful detainer case. To which should it client should be included
apply?
Notice of Dismissal
As said by Atty. Buanviaje, as taught
by Atty. Brondial, apply the demand 17.01. Dismissal upon notice by plaintiff;
to pay and vacate in BOTH cases A complaint may be dismissed by the plaintiff
by filing a notice of dismissal at any time
Q: Is the service requirement under the before service of the answer or of a motion
Rules necessary to be complied with? for summary judgment. Upon such notice
being filed, the court shall issue an order
No, it is not a pleading confirming the dismissal. Unless otherwise
stated in the notice, the dismissal is without
NOTICE prejudice, except that a notice operates as an
adjudication upon the merits when filed by a
Notice of Appearance as Counsel and plaintiff who has once dismissed in a
Withdrawal as Counsel competent court an action based on or
including the same claim.
Q: When is a notice of appearance as
counsel or withdrawal as counsel When available
available?
It is available before service of the:
It is available at any stage of the
proceeding
44 | P a g e
1. Answer; or e) The limitation of the number of
2. Motion for summary judgment witnesses;
f) The advisability of a preliminary
Q: What if the dismissal is by Sec.2, Rule reference of issues to a
17? commissioner;
g) The propriety of rendering
It should be via motion judgment on the pleadings, or
summary judgment, or of
SPECIAL POWER OF ATTORNEY dismissing the action should a
valid ground therefor be found to
Q: In civil cases, when required? exist;
h) The advisability or necessity of
When a client cannot attend pre-trial suspending the proceedings; and
i) Such other matters as may aid in
“Magic words” the prompt disposition of the
action.
“…do hereby name, constitute, and
appoint…” Q: Is an acknowledgment needed?
Q: In case of a special power of attorney Yes, as it transfers an interest to

for purposes of pre-trial, what should another
appear?
FORMAL OFFER OF EVIDENCE
The contents of Rule 18 must appear,
hence: Rule as to necessity of offer
a) The possibility of an amicable The court shall not consider any

settlement or of a submission to evidence which has not been formally
alternative modes of dispute offered
resolution;
b) The simplification of issues; Q: In case of objections, what pleading
c) The necessity or desirability of should be filed?
amendments to the pleadings;
d) The possibility of obtaining Comment/opposition
stipulations or admissions of facts
an of documents to avoid
unnecessary proof;
45 | P a g e
In writing Quezon City
a demand (Contact Number)
letter, it is (E-mail Address)
a matter of
personal
style. 8 March 2020
What Mr. B
should be Makati
included
are those
which Re: Demand to pay and vacate
normally
appear in Dear Mr. B:
letters.
As this
Under our lease agreement, monthly rentals of Php7,500.00 shall be paid every 15th day of
case is the month. However, your last payment was made on 15 December 2019. As of today, you failed to
possibly pay the rentals for the months of January, February, and March, amounting to Php22,500.00.
for an
unlawful Due to the foregoing, I hereby make a final demand to pay the Php22,500.00 and to vacate
detainer
case, the
the property within fifteen (15) days from receipt of this letter.
following
should Failure to pay and vacate would lead to my filing of a complaint for unlawfully detaining my
appear: property.
The
demand to
I hope you comply with the demands set forth.
pay and
vacate;
The Sincerely, It may also
amount
involved; happen
Period to that the
comply Mr. A one
writing is
the
counsel.
46 | P a g e
Regional Trial Court, Br. __
Quezon City
Mr. A,
Plaintiff,
v. Civil Case No. ___

For: ____________
Mr. B,
Defendant.
x--------------------------------------x
ENTRY OF APPEARANCE
Branch Clerk of Court

Regional Trial Court
Br.__, Quezon City
Please take note of this entry of appearance of the undersigned lawyer as counsel for the
defendant.
It is thus requested that the pleadings, notices, orders, and other papers be served to the
address indicated hereunder.
A prayer may be
RESPECTFULLY SUBMITTED. included, but
“respectfully submitted
is sufficient.
8 March 2020, Quezon City
However, both can be
included as well (sgd)
Atty. Z
Counsel for Defendant
Quezon City
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
ALWAYS include a MCLE Compliance __
Copy furnished: copy furnish as to
Atty. X inform the other
Counsel for the Plaintiff counsel “AKO ANG
Quezon City KALABAN MO”
47 | P a g e
Quezon City
Mr. A,
Plaintiff,
v. Civil Case No. ___

For: ____________
Mr. B,
Defendant.
x--------------------------------------x
WITHDRAWAL AS COUNSEL

Br.__, Quezon City
Please take note that effective ______ the undersigned lawyer is withdrawing as counsel for
the plaintiff.
RESPECTFULLY SUBMITTED.
A prayer may be
included, but
8 March 2020, Quezon City “respectfully submitted
is sufficient.
(sgd)
However, both can be Atty. X
included as well
Counsel for Plaintiff
Quezon City
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
ALWAYS include a MCLE Compliance __
Copy furnished: copy furnish as to
Atty. Y inform the other
Counsel for the Defendant counsel “DI NA AKO
Quezon City ANG KALABAN
MO”
With my conformity:
Mr. A
48 | P a g e
Quezon City
Mr. A,
Plaintiff,

For: Sum of Money
Mr. B,
Defendant.
x--------------------------------------x
NOTICE OF DISMISSAL
Plaintiff, by counsel, states that:
a) A case for collection for sum of money was filed against Mr. B in this court;
b) On ____, summons was served upon Mr. B;
c) As of the date of filing of this Notice of Dismissal, no answer was served to Mr. A
and/or his counsel;
d) Under Sec.1 of Rule 17 of the Rules of Court, the plaintiff may move to dismiss the case
via a notice of dismissal prior to the service of the answer or motion for summary
judgment.
PRAYER
WHEREFORE, plaintiff prays that the court:
a) Takes note of this Notice of Dismissal;

b) Dismiss the case under Sec. 1 of Rule 17 of the Rules of Court; and
c) Other remedies just and equitable are likewise prayed for
8 March 2020, Quezon City
(sgd)
Atty. X
Quezon City
(Contact No.)
(E-mail address)
49 | P a g e
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
Copy furnished:
Br. __, Quezon City
Atty. Z
Counsel for the Defendant
Quezon City
50 | P a g e
SPECIAL POWER OF ATTORNEY
This Special Power of Attorney is entered into by and between:
Mr. A, Filipino, single, of legal age, and a resident of ___________, referred to as

the “Principal”; and
Atty. X, Filipino, single, of legal age, and a resident of ___________, referred to as

the “Agent”
WITNESSETH:
WHEREAS, a pre-trial for Civil Case No.1234 will be conducted on ________;
WHEREAS, the principal cannot attend the pre-trial of Civil Case No. 1234;
WHEREAS, the agent is the counsel for the principal in Civil Case No.1234;
ALWAYS
INCLUDE “…do
Thus, in consideration of the foregoing, the principal do hereby name, constitute, and hereby name,
appoint Atty. X as agent to do the following acts: constitute, and
appoint…”
a) The possibility of an amicable settlement or of a submission to alternative modes
of dispute resolution;
b) The simplification of issues;
c) The necessity or desirability of amendments to the pleadings;
d) The possibility of obtaining stipulations or admissions of facts an of documents
Rule 18 to avoid unnecessary proof;
e) The limitation of the number of witnesses;
f) The advisability of a preliminary reference of issues to a commissioner;
g) The propriety of rendering judgment on the pleadings, or summary judgment, or
of dismissing the action should a valid ground therefor be found to exist;
h) The advisability or necessity of suspending the proceedings;
i) Such other matters as may aid in the prompt disposition of the action; and
ALWAYS
j) All other acts necessary to accomplish the purpose for which this Special Power
INCLUDE of Attorney has been constituted for
8 March 2020. Quezon City
(sgd) (sgd)
Mr. A Atty. X
(sgd) (sgd)
Witness Witness
51 | P a g e
ACKNOWLEDGMENT
Republic of the Philippines }

Quezon City }S.S.
Before me, this ___ day of ____, ___, the following personally appeared and exhibited to
me their competent evidence of identity, known to me to be the same persons who executed the
foregoing instrument, and that the same is made as their free and voluntary act:
Competent Evidence of Expiry Date

Identity
Mr. A ID ________________ (Date)
Atty. X ID_________________ (Date)
IN WITNESS WHEREOF, I have hereunto signed my hand and affixed my notarial seal,
the day, year, and place above written.
(sgd)
Notary Public
Commission expires on __
Quezon City
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
Doc No.__
Page No.__
Book No.__
Series of __
52 | P a g e
Quezon City
Mr. A,
Plaintiff,

For: Sum of Money
Mr. B,
Defendant.
x--------------------------------------x
Plaintiff, by counsel, submits this formal offer as follows:
EXHIBIT DOCUMENT PURPOSE

If by “A” Loan Agreement dated ______ To prove:
defendant,
exhibits a) The existence and due execution of
are the Loan Agreement;
numbered
b) That Mr. B borrowed from Mr. A
(e.g. “1”,
“2”) the amount of Php500,000.00; and
c) That Mr. B failed to pay the said
amount
“B” Promissory Note dated ______ To prove:
a) The existence and due execution of

the Promissory Note; and
b) That Mr. B promised to pay Mr.A
the amount of Php500,000.00
“C” Demand Letter dated ______ To prove:
a) The existence of the Demand Letter;

and
b) That Mr. A demanded the payment
of Php500,000.00 from Mr. B
“D” Return Card dated _______ To prove that Mr. B received the demand
letter
53 | P a g e
PRAYER

DO NOT
SAY “Exhibits a) This Court takes note of this Formal Offer of Evidence;
A to D” b) Exhibits, A, B, C, and D, be admitted as evidence for the purpose for which they are
Enumerate all
offered; and
exhibits. c) Other reliefs, just and equitable, are likewise prayed for
8 March, 2020. Quezon City.
(sgd)
Atty. X
Address
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
Copy furnished:
Atty. Z
Counsel for the Defendant
Quezon City

SERVICE
In cases of
such
availing
A copy of this Formal A copy of this Formal A copy of this MUST be
Offer of Evidence was Offer of Evidence was Formal Offer of stated.
filed via Registered Mail served to the other Evidence was filed
due to lack of counsel via Registered and served to the The most
manpower Mail due to lack of other counsel via common
reason is
manpower Registered Mail due lack of
(sgd) to lack of manpower
Atty. X (sgd) manpower or long
Atty. X distance.
(sgd)
Atty. X
54 | P a g e
Quezon City
Mr. A,
Plaintiff,

For: Sum of Money
Mr. B,
Defendant.
x--------------------------------------x
COMMENT/OPPOSITION
Defendant, by counsel, submits this comment/opposition as follows:
EXHIBIT DOCUMENT OBJECTION

“A” Loan Agreement dated ______ It is a mere photocopy
“B” Promissory Note dated ______ No promissory note has been executed by
the defendant; and
The signature thereon does not belong to the

defendant
“C” Demand Letter dated ______ It is a mere photocopy
“D” Return Card dated _______ The signature appearing thereon does not
belong to the defendant
PRAYER

DO NOT
SAY “Exhibits
A to D”
d) This Court takes note of this Comment/Opposition;
e) Exhibits, A, B, C, and D not to be admitted as evidence; and
Enumerate all f) Other reliefs, just and equitable, are likewise prayed for
exhibits.
8 March, 2020. Quezon City.
(sgd)
Atty. Z
Address
55 | P a g e
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
Copy furnished:
Atty. X
Counsel for the Plaintiff
Quezon City

SERVICE
In cases of
such
availing
A copy of this A copy of this A copy of this MUST be
Comment/Opposition Comment/Opposition Comment/ stated.
was filed via Registered was served to the other Opposition was
Mail due to lack of counsel via Registered filed and served to The most
manpower Mail due to lack of the other counsel common
reason is
manpower via Registered Mail lack of
(sgd) due to lack of manpower
Atty. Z (sgd) manpower or long
Atty. Z distance.
(sgd)
Atty. Z
56 | P a g e
E Compromise ACT OR OMISSION
X Agreement PUNISHABLE BY
E LUPON
C TAGAPAMAYAPA LAW
Certificate to
U File Action <1 year; or
T <Php5,000
I
O < DIRECT COMPLAINT- IN FLAGRANTE
N 4y, FILING AFFIDAVIT DELICTO
2m,
1d =/> 4y, 2m, 1d; and
Chartered Cities
OTHER OFFICE OF D
AGENCIES THE I
PROSECUTOR S
R
FRAMEWORK
Raffle E OF
G
<
4y,
INVESTIGATING
PROSECUTOR
A CRIMINAL
R
2m, D PROCEDURE
1d E
< 4y, 2m, 1d =/> 4y, 2m, 1d D
No Preliminary Preliminary Inquest
Investigation Investigation Proceedings
SUBPOENA
No Probable Probable
Cause Cause
RESOLUTION
INTERIM
REMEDY:
DISMISSED INFORMATION
Motion for
Conduct of
FILING Preliminary
Investigation
INTERIM REMEDIES: Regional Trial Court >6y
Municipal Trial Court <6y
Motion for Reconsideration; and Sandiganbayan
INTERIM
Petition for Review to the
REMEDIES:
Secretary of Justice
Raffle
Bill of Particulars;
Motion to Quash; and
Motion to Question
INTERIM Validity of Arrest
REMEDIES: No Probable Probable
Cause Cause
Preliminary Attachment; POST-JUDGMENT
Preliminary Injunction; REMEDIES:
Receivership; DISMISSED WARRANT
Replevin; and INTERIM REMEDY:
OF ARREST Motion for Reconsideration;
Support pendente lite Motion for New Trial; and
Demurrer to evidence
Appeal
INTERIM BAIL
REMEDIES:
Petition for bail; and ARRAIGNMENT

Motion to reduce bail TRIAL PROMULGATION
AND PRE-TRIAL
OF JUDGMENT
57 | P a g e
FRAMEWORK OF CRIMINAL 1. The felony is brought to the
PROCEDURE attention of law enforcement
agencies; or
Stages 2. Arrest
1. Act or omission (Felony); Q: Is it correct to say that all criminal acts

2. Information; are found in the Revised Penal Code
3. Issuance of Warrant of Arrest; (RPC)?
4. Bail;
5. Arraignment and Pre-Trial; No, as some criminal acts may be
6. and provided for by Special Penal Laws
7. Promulgation of Judgment (SPL)
ACT OR OMISSION Q: Is it required that the SPL is strictly

penal in nature (e.g. RA 9165) in order to
Felony be considered as such?
Art.3. Definition; No, for as long as there is a penal

Acts and omissions punishable by law are provision in the statute, such will be
felonies (delitos). considered within the ambit of SPL.
(e.g. Kasambahay Law, SSS Law,
Felonies are committed not only by means of GSIS Law)
deceit (dolo) but also by means of fault (culpa).
Sec.1. Institution of criminal actions;
There is deceit when the act is performed with Criminal actions shall be instituted as follows:
deliberate intent; and there is fault when the
wrongful act results from imprudence, a) For offenses where a preliminary
negligence, lack of foresight, or lack of skill. investigation is required to section 1
of Rule 112, by filing the complaint
Hence, a felony is an act or omission with the proper officer for the
punishable by law purpose of conducting the requisite
preliminary investigation;
Q: What is the importance of felony in
criminal procedure? b) For all other offenses, by filing the
complaint or information directly with
The application of criminal procedure the Municipal Trial Courts and
presupposes that there is a felony Municipal Circuit Trial Courts, or the
complaint with the office of the
Q: Is it enough that there is a felony in prosecutor. In Manila and other
order for the Rules of Court to come into chartered cities, the complaints shall
play? be filed with the office of the
prosecutor unless otherwise provided
No, it must be reduced to writing, and in their charters.
the any of the following “contact
points” must exist: The institution of the criminal action shall
interrupt the running of the period of
58 | P a g e
prescription of the offense charged unless the OP in chartered cities regardless
otherwise provided in special laws. of imposable penalty, unless otherwise
provided.
Q: What is the initiatory pleading in
criminal cases? If the Investigating Prosecutor (IP)
then determines that there is no need
It would depend, as it may be a to conduct preliminary investigation,
complaint-affidavit or information. direct filing will be resorted to the
court.
In cases where the imposable penalty
is at least four (4) years, two (2) Further, in cases where the imposable
months, and one (1) day (4,2,1), a penalty is imprisonment which does
complaint-affidavit shall be filed first not exceed one (1) year, or does not
to the Office of the Prosecutor (OP). exceed which does not exceed five
thousand pesos (Php5,000), the
On the other hand, in case it is less complaint-affidavit must be filed
than 4,2,1, an information or first with the Lupon Tagapamayapa
complaint-affidavit may be filed (Lupon).
directly with the court, most
commonly known as “direct filing”. There are also cases where the
complaint-affidavit must be filed in
(NOTE: DO NOT BE other agencies, such as the Office of
CONFUSED, while the provision the Ombudsman (OMB) where there
states that it is a “complaint”, in is a charge against a public officer or
practice, it is a “complaint-affidavit” employee.
which is filed in cases of criminal
cases. A complaint is for a civil case.) INITIATORY CONDITION WHERE
PLEADING FILED
Designation of parties in the complaint- Complaint- At least 4,2,1 OP
affidavit affidavit Chartered cities OP
Less than 4,2,1 OP/MTC
The parties shall be referred to as the Public officer OMB
or employee
complainant and respondent
Imprisonment Lupon
of less than 1
Q: Where should the initiatory pleading yr; or
be filed? Fine less than
5k
In case a complaint-affidavit is to be Information Less than 4,2,1 OP/MTC
filed, it shall be filed in the OP.
When filing in OP mandatory
On the other hand, when the
complaint-affidavit or information Filing the complaint-affidavit or
is to be directly filed, it may be filed information with the OP is mandatory
with the Municipal Trial Court (MTC). in the following cases:
Take note, however, that a 1. The imposable penalty is at least

complaint-affidavit is to be filed in 4,2,1; or
59 | P a g e
2. In case of chartered cities Sec.1. Preliminary investigation defined;
when required;
Q: Is the filing in the OP in case of Preliminary investigation is an inquiry or
chartered cities an absolute rule? proceeding to determine whether there is
sufficient ground to engender a well-founded
No, the provision went further to belief that a crime has been committed and
state that “…unless otherwise the respondent is probably guilty thereof.
provided in their charters.”
Except as provided in Section 7 of this Rule, a
Procedure in the Office of the Prosecutor preliminary investigation is required to be
conducted before the filing of a complaint or
The procedure is as follows: information for an offense where the penalty
prescribed by law is at least four (4) years, two
a) Upon filing in the OP, he (2) months, and one (1) day without regard to
examines the complaint-affidavit if the fine.
it is sufficient:
a. If sufficient; it will be As defined, PI is:
raffled to an investigating
prosecutor (IP); a) An inquiry or proceeding;
b. If not sufficient; it will be b) To determine whether there is
disregarded sufficient ground to engender a
b) The IP now determines the well-founded belief;
necessity of a preliminary c) That a crime has been committed;
investigation (PI): and
a. PI necessary; IP now d) The respondent is probably guilty
issues a subpoena to call thereof
the complainant and
respondent. (NOTE: The last three enumerations
b. PI not necessary; direct pertain to probable cause)
filing is now resorted to.
c) During the PI, the IP will Purpose of preliminary investigation
determine if there is probable
cause (PC): To determine if there is probable
d) After his determination, the IP cause
shall issue a resolution stating
therein the action to be taken: Q: What is the tagalog term of preliminary
a. PC present; an investigation?
information shall now be
prepared by the IP; Paunang pagsisiyasat
b. PC absent; the IP shall
dismiss the complaint- Probable cause
affidavit
e) The information shall then be Such fact as are sufficient to engender
filed with the court having a well-founded belief that a crime has
jurisdiction been committed and that the
respondent is probably guilty thereof
Preliminary Investigation
60 | P a g e
Threshold in determining necessity of PI The IP shall issue a subpoena
The threshold should be the Subpoena

imposable penalty on the offense
charged: The subpoena shall call the complainant
and respondent.
a) If it is at least 4,2,1, PI is
necessary; During the hearing, the IP shall
b) If it is not 4,2,1, PI not necessary determine the existence of probable
cause
Q: If PI is not necessary, how can the case
be filed? Pleading to be filed after issuance of
subpoena
In case the imposable penalty is less
than 4,2,1, it may be filed as follows: The respondent should file a counter-
affidavit within ten (10) days from
1. Direct filing to the MTC; receipt of the subpoena
2. In chartered cities, unless
otherwise provided, it must be Pleading to answer counter-affidavit
filed with the OP first;
3. If the imposable penalty is In case the complainant wants to
imprisonment not exceeding 1 answer the counter-affidavit, the
year, or a fine not exceeding complainant may file a reply-affidavit
Php5,000, it must be filed with the
Lupon Tagapamayapa before it Pleading to answer reply-affidavit
can be filed directly to the MTC or
to the OP In case the respondent wants to
answer the reply-affidavit, the
Imposable penalty v. imposed penalty respondent may file a rejoinder-
affidavit
Imposable penalty is the penalty as
provided for by law. Pleading to answer rejoinder-affidavit
Imposed penalty is the penalty In case the complainant wants to

provided for in the judgment. answer the rejoinder-affidavit, the
complainant may file a sur-rejoinder
Notice that it is the former which is
the threshold in the determination of Pleading filed to answer sur-rejoinder
PI‟s necessity
None, “wala namang sursur-rejoinder
Q: In case the IP determines that PI is not or rerejoinder.”
necessary, what happens next?
Summary of pleadings during hearing in
The complaint-affidavit shall now be the OP
for direct filing.
PLEADING RESPONSE
Q: In case the IP determines the necessity Complaint-affidavit Counter-affidavit
of PI, what will be issued?
61 | P a g e
Counter-affidavit Reply-affidavit Q: In case the motion for reconsideration
Reply-affidavit Rejoinder-affidavit was denied by the OP, will the
Sur-rejoinder NONE complainant or respondent do not have
any available recourse?
In practice, pleadings usually stop at a
counter-affidavit. No, as he may file a Petition for
Review to the Secretary of Justice.
However, as a tip, as counsel you
must file a reply-affidavit in order to Q: Assume that the resolution found a
have the last say. probable cause against the respondent,
what will the IP do?
Q: Where should the finding or absence of
probable cause be stated? An information shall be prepared by
the IP and subsequently filed with the
The IP shall issue a resolution stating RTC, MTC, or Sandiganbayan as the
the circumstances which lead to a case may be
finding or absence of probable cause
Designation of parties in the information
Q: If the IP determines that there is no
PC, what happens next? PLEADING REAL ADVERSE
PARTY IN PARTY
The complaint shall be dismissed INTEREST
Complaint- Complainant Respondent
Q: If the IP determines that there is PC, affidavit
what happens next? Information People Accused
The IP shall prepare an information In the information, the real party in

which shall then be filed with the interest is the State.
proper court
The complainant in the complaint-
Remedy against the IP’s resolution affidavit becomes a nominal witness
for the State.
The complainant or respondent may
assail the resolution as follows: Procedure in the Office of the
Ombudsman
1. Motion for reconsideration to the
OP; or It will be the same as with the OP
2. Petition for review to the except that the case may be filed with
Secretary of Justice the Sandiganbayan, aside from cases
falling within the jurisdiction of the
Q: Considering that motions need not be RTC.
verified, is the rule applicable to a motion
for reconsideration filed in the OP? Jurisdiction of the Office of the
Ombudsman
No, a motion for reconsideration filed
in the OP needs to be verified. It is
hence an exception.
62 | P a g e
Any criminal complaint relating the immediately final and
following may be brought to the executory; or
Office of the Ombudsman (OMB): b. Certificate to file action
(CFA); if no settlement
1. Violation of: has been reached
a. Anti-graft and corrupt 5. Actions after issuance:
practices law (RA 3019 as a. Execution, in case of a
amended) compromise agreement; or
b. Forfeiture of illegally b. Filing of the complaint-
acquired wealth (RA 1379 affidavit with the CFA
as amended) attached, to the OP or the
c. RA 6713 MTC as the case may be
d. Crimes committed by
public officers (Title VII, When Lupon required
Chapter II, Sec.2, RPC);
i. Bribery; Filing with the Lupon is required over
1. Direct; criminal cases which has for its
2. Indirect; imposable penalty imprisonment not
3. Qualified exceeding 1 year, or fine not
ii. Corruption of exceeding Php5,000, and must comply
public officials; to the following:
and
2. Other offenses committed by 1. The dispute is between parties
public officers and employees in actually residing in the same city
relation to office or municipality;
2. There must be a private offended
Procedure in Lupon Tagapamayapa party;
3. Any of the parties must not be:
The following is the procedure a. Government or any
observed in the Lupon Tagapamayapa subdivision or
(Lupon): instrumentality;
b. Public officer or employee
1. The complaint-affidavit is filed where the dispute relates
with the Lupon; to his official functions;
2. The Lupon shall evaluate the
sufficiency of the complaint: Exception to same residence rule
a. If sufficient: the Lupon
shall issue a subpoena calling As an exception, it may be allowed:
the parties thereto;
b. If not sufficient: the 1. In case of real property disputes,
Lupon shall dismiss the by agreement of the parties;
complaint 2. In case of residents from
3. After the subpoena has been served, barangays of different
a hearing shall be conducted; municipalities or cities:
4. Issuance of: a. The barangay units must
a. Compromise agreement; adjoin each other; and
if a settlement has been b. Parties agreed to submit
reached, which is
63 | P a g e
Restriction as to lawyers 2. Filing with the OP, in case of
chartered cities
No lawyers must appear in behalf of
the parties. IN FLAGRANTE DELICTO
As an exception, a lawyer may appear Q: Is there an instance where despite no

if he is the party himself. complaint-affidavit filed, an information
was prepared by the IP?
Common types of cases brought to the
Lupon Yes, in case of being caught in the act
or in flagrante delicto
The following cases have been the
most commonly filed as stated in a 10 112.07.When accused lawfully arrested
year report: without warrant;
When a person is lawfully arrested without a
1. Physical injuries; warrant involving an offense which requires a
2. Slander; preliminary investigation, the complaint or
3. Threats; information may be filed by a prosecutor
4. Robbery; without need of such investigation provided
5. Theft; an inquest has been conducted in accordance
6. Drug abuse; with existing rules. In the absence or
7. Damage to property; unavailability of an inquest prosecutor, the
8. Estafa; complaint may be filed by the offended party
9. Trespassing; or a peace office directly with the proper
10. Coercion; and court on the basis of the affidavit of the
11. Unjust vexation offended party or arresting officer or person.
Q: Where should a compromise Before the complaint or information is filed,

agreement be executed? the person arrested may ask for a preliminary
investigation in accordance with this Rule, but
As per Atty. Buenviaje, there is a he must sign a waiver of the provisions of
confusion as to where it should be Article 125 of the Revised Penal Code, as
executed. amended, in the presence of his counsel.
Notwithstanding the waiver, he may apply for
In his experience, when they moved bail and the investigation must be terminated
for the execution in the MTC, the within fifteen (15) days from its inception.
latter referred them to the RTC. Upon
moving in the RTC, the said court After the filing of the complaint or
referred them back to the MTC information in court without a preliminary
investigation, the accused may, within five (5)
Q: After the Lupon issues a certificate to days from the time he learns of its filing, ask
file action, where should the complaint- for a preliminary investigation with the same
affidavit be filed? right to adduce evidence in his defense as
provided in this Rule.
It may be via the following:
Q: Is it enough that the accused was
1. Direct filing to the MTC; or caught red handed?
64 | P a g e
No, as a general rule, a prosecutor Jurisdiction of trial courts
must conduct inquest.
The MTC shall have jurisdiction over
However, as an exception, in cases offenses punishable with
where an investigating prosecutor is imprisonment not exceeding six (6)
unavailable, the offended party or the years regardless of fine, or only by a
peace officer may directly file it to the fine not exceeding Php4,000, or both.
court. Hence:
Conversely, the RTC shall have
GR: Inquest jurisdiction over cases where the
ER: No prosecutor penalty is imprisonment exceeding 6
available years, or only by a fine exceeding
Php4,000, or both.
Remedy of offender
Q: Is it correct to say that all cases falling
He may file any of the following: under the jurisdiction of the MTC did not
undergo preliminary investigation?
a) Motion for conduct of preliminary
investigation No, as there is an allowance between
a. Within 5 days upon the necessity of a PI and the threshold
learning of the filing; or of the MTC‟s jurisdiction, there is a
b) Motion to question validity of possibility that cases underwent PI
arrest before the filing to the MTC
Q: What if the offender files the motion for Notice that between 4,2,1 and 6, there
conduct of preliminary investigation on is an allowance to make the existence
the 7th day upon learning of the filing? of PI possible.
The remedy will no longer be Q: Why is direct filing only available to the
available. MTC?
In such a case, preliminary Because the jurisdiction of the MTC

investigation is no longer available and involves those cases which has an
is hence waived imposable penalty not exceeding 6
years.
ISSUANCE OF WARRANT OF ARREST
On the other hand, notice that a PI
Q: Where should the complaint-affidavit would not be required, hence no filing
or information be filed? in the OP required as well, if the
imposable penalty is less than 4,2,1.
It would depend on the imposable
penalty: That it would result in an offense
involving less than 4,2,1, the filing can
1. Municipal Trial Court (MTC); or only be made in the MTC which has
2. Regional Trial Court jurisdiction over offenses not
exceeding 6 years.
It would also depend on the nature of
the offense (e.g. Sandiganbayan)
65 | P a g e
This would apply as well to those filed No. In case determination is done by
with the OP as required in chartered the prosecutor, it is in order to file an
cities, as after their finding that no PI information.
is necessary, the case must be filed
with the MTC. On the other hand, the judge
determines PC in order to issue a
Q: Will all cases prior requiring filing to WOA.
the Lupon all be filed to the MTC?
Furthermore, the former is an
No, notice that the Lupon is required executive function while the latter is a
in cases where the imposable penalty judicial one. Hence:
is imprisonment not exceeding 1 yr, or
a fine not exceeding Php5,000 PC PROSECUTOR JUDGE
When Preliminary Within 10
done? investigation days from
As to the imprisonment aspect, it is filing of the
without a question that it would complaint
definitely be filed with the MTC. or
information
However, as to the fine aspect, notice
that the MTC only has jurisdiction For what Filing of Issuance of
purpose? information warrant of
over fine which does not exceed arrest
Php4000.
What Executive Judicial
Hence, from the Lupon, it may function?
happen that the filing be made to the
RTC. Q: If the judge found probable cause,
what should he do next?
Summary of thresholds
4, The judge should issue a warrant of
2, 6y arrest against the accused
1 No Lupon
MTC 1y RTC
Lupon Jurisdiction of Sandiganbayan
No PI 4k 5k PI The SB has original exclusive
jurisdiction over:
Q: After the complaint or information has
been filed in the proper court, what should a) Those officials with at least Salary
the judge do? Grade 27 and above:
a. Violations of “Anti-graft
He must determine if there is a and Corrupt Practices
probable cause (PC) to justify the Law” (RA 3019);
issuance of a warrant of arrest b. Forfeiture of illegally
(WOA) acquired wealth (RA
1379);
Q: Is the determination of probable cause c. Crimes committed by
by the prosecutor and the judge one and public officers (Title VII,
the same? Chapter II, Sec.2, RPC);
i. Bribery;
66 | P a g e
1. Direct; 7. Other city
2. Indirect; department
3. Qualified heads;
ii. Corruption of iii. Officials of the
public officials; diplomatic service
b) Where one or more of the accused occupying the
are officials occupying the position of
following positions in the 1. Consul;
government, whether in a and
permanent, acting or interim 2. Higher;
capacity, at the time of the iv. Philippine army
commission of the offense: and air force:
a. Officials of the executive 1. Colonels;
branch occupying the 2. Naval
position of regional captains;
director and higher (AKA and
Grade „27‟ of RA 6758), 3. All officers
including: of higher
i. Provincial: rank;
1. Governors; v. Officers of the
2. Vice- PNP while
governors; occupying the
3. Members position of:
of the 1. Provincial
sangguniang director;
panlalawiga and
n; 2. Senior
4. Treasurers; super
5. Assessors; intendent;
6. Engineers; 3. Or higher;
and vi. City and
7. Other provincial:
provincial 1. Prosecutors;
department 2. Their
heads; assistants,
ii. City vii. Office of the
1. Mayors; Ombudsman:
2. Vice- 1. Officials;
mayors; 2. Prosecutors;
3. Members and
of the 3. Special
sangguniang prosecutor;
panlungsod; viii. GOCC/ State
4. Treasurers; universities/
5. Assessors; Educational
6. Engineers; institutions/
and Foundations:
1. Presidents;
67 | P a g e
2. Directors; president Ferdinand E.
3. Trustees; Marcos, Mrs. Imelda R.
or Marcos, members of their
4. Managers immediate family, close
b. Members of Congress relatives, subordinates,
and officials thereof close and/or business
(classified as Grade „27‟ associates, dummies,
and higher under the agents and nominees (EO
CPCA of 1989); 14)
c. (3) Members of the d. Amending executive order
judiciary without no. 14 (EO 14-A)
prejudice to the provisions e) Private individuals in conspiracy
of the Constitution; with the above officials
d. Chairmen and members of
the Constitutional Q: Assume that a criminal case has been
Commissions, without filed with the Ombudsman, upon finding
prejudice to the provisions of probable cause where should the
of the Constitution; and information be filed?
e. All other national and
local officials (classified as It would depend.
Grade „27‟ and higher
under the CPCA of 1989) If the offense charged falls under the
c) Other offenses or felonies jurisdiction of the SB, it then should
committed in relation to their be filed with the SB.
office by the public officials and
employees, whether simple or On the other hand, if it does not fall
complexed with other crimes; within the jurisdiction of the SB, it
d) Criminal cases under executive should be filed with regular courts. In
orders (EO): this case, courts recognize the
a. Creating the Presidential concurrent power to investigate by the
Commission on Good OMB with other agencies.
Government (EO 1)
b. Regarding the funds, Provisional remedies to the Warrant of
moneys, assets, and Arrest (AIRRS)
properties illegally
acquired or 127.01. Availability of provisional
misappropriated by former remedies; The provisional remedies in civil
President Ferdinand actions, insofar as they are applicable, may be
Marcos, Mrs. Imelda availed of in connection with the civil action
Romualdez Marcos, their deemed instituted with the criminal action.
close relatives,
subordinates, business The following are the provisional
associates, dummies, remedies available to the WoA:
agents, or nominees (EO
2) a) Attachment;
c. Defining the jurisdiction b) Preliminary Injuction;
over cases involving the c) Receivership;
ill-gotten wealth of former
68 | P a g e
d) Replevin; or incurring the obligation
e) Support Pendente Lite upon which the action is
brought, or in the
Attachment performance thereof”
127.02. Attachment; Preliminary injunction

When the civil action is properly instituted in
the criminal action as provided in Rule 111, 58.01; Preliminary injunction defined;
the offended party may have the property of classes;
the accused attached as security for the A preliminary injunction is an order granted at
satisfaction of any judgment that may be any stage of an action or proceeding prior to
recovered from the accused in the following the judgment or final order, requiring a party
cases: or a court, agency or a person to refrain from
a particular act or acts. It may also require the
a) When the accused is about to abscond performance of a particular act or acts, in
from the Philippines; which case it shall be known as a preliminary
mandatory injunction.
b) When the criminal action is based on a
claim for money or property Receivership
embezzled or fraudulently misapplied
or converted to the use of the accused 59.01. Appointment of receiver;
who is a public officer, officer of a Upon a verified application, one or more
corporation, attorney, factor, broker, receivers of the property subject of the action
agent, or clerk, in the course of his or proceeding may be appointed by the court
employment as such, or by any other where the action is pending, or by the Court
person in a fiduciary capacity, or for a of Appeals or by the Supreme Court, or a
willful violation of duty; member thereof, in the following cases:
c) When the accused has concealed, a) When it appears from the verified
removed, or disposed of his property, application, and such other proof as
or is about to do so; and the court may require, that the party
applying for the appointment of a
d) When the accused resides outside the receiver has an interest in the property
Philippines. or fund which is the subject of the
action or proceeding, and that such
Q: Is preliminary attachment in civil cases property or fund is in danger of being
and attachment in criminal cases one and lost, removed, or materially injured
the same? unless a receiver be appointed to
administer and preserve it;
No, notice that one of the grounds
under Sec.1 of Rule 57 on Preliminary b) When it appears in an action by the
Attachment has been removed under mortgagee for the foreclosure of a
Attachment, to wit: mortgage that the property is in
danger of being wasted or dissipated
“(d) In an action against a or materially injured, and that its value
party who has been guilty of a is probably insufficient to discharge
fraud in contracting the debt the mortgage debt, or that the parties
69 | P a g e
have so stipulated in the contract of accompanied by affidavits, depositions or
mortgage; other authentic documents in support thereof.
c) After judgment, to preserve the Bail

property during the pendency of an
appeal, or to dispose of it according to 114.01. Bail defined;
the judgment, or to aid execution Bail is the security given for the release of a
when the execution has been returned person in custody of the law, furnished by
unsatisfied or the judgment obligor him or a bondsman, to guarantee his
refuses to apply his property in appearance before any court as required under
satisfaction of the judgment, or the conditions hereinafter specified. Bail may
otherwise to carry the judgment into be given in the form of corporate surety,
effect; property bond, cash deposit, or recognizance.
d) Whenever in other cases it appears Kinds of bail
that the appointment of a receiver is
the most convenient and feasible The following are the kinds of bail:
means of preserving, administering, or
disposing of the property in litigation. a) Corporate surety;
b) Property bond;
During the pendency of an appeal, the c) Cash deposit; or
appellate court may allow an application for d) Recognizance
the appointment of a receiver to be filed in
and decided by the court of origin and the Q: Can a cash deposit be in check?
receiver appointed to be subject to the control
of said court. Yes, as long as for the full amount of
the bail
Replevin
Q: What should be the value for the
60.01. Application; property bond?
A party praying for the recovery of possession
of personal property may, at the Likewise, it should be for the full
commencement of the action or at any time amount of the bail
before answer, apply for an order for the
delivery of such property to him, in the Surety bond
manner hereinafter provided.
It is a guaranteed payment of full
Support pendente lite amount
61.01. Application; Recognizance

At the commencement of the proper action
or proceeding, or at any time prior to the It is a waiver of payment.
judgment or final order, a verified application
for support pendente lite may be filed by any It is however conditional, that the
party stating the grounds for the claim and the accused appear in court at the required
financial conditions of both parties, and time.
70 | P a g e
Classifications of bail Hence, in no way that the MTC can
order imprisonment exceeding its
Bail may be: jurisdiction.
a) As a matter of right; or Q: In case of the RTC, why is bail only a

b) Discretionary matter of right before conviction?
Bail as a matter of right Because after conviction, it becomes

discretionary
114.04. Bail, a matter of right; exception;
All persons in custody shall be admitted to Discretionary bail
bail as a matter of right, with sufficient
sureties, or released on recognize as 114.05. Bail, when discretionary;
prescribed by law or this Rule (a) before or Upon conviction by the Regional Trial Court
after conviction by the Metropolitan Trial of an offense not punishable by death,
Court, Municipal Trial Court, Municipal Trial reclusion perpetua, or life imprisonment,
Court in Cities, or Municipal Circuit Trial admission to bail is discretionary. The
Court, and (b) before conviction by the application for bail may be filed and acted
Regional Trial Court of an offense not upon by the trial court despite the filing of a
punishable by death, reclusion perpetua, or notice of appeal, provided it has not
life imprisonment. transmitted the original record to the appellate
court. However, if the decision of the trial
Bail is a matter of right in the court convicting the accused changed the
following cases: nature of the offense from non-bailable to
bailable, the application for bail can only be
a) MTC: filed with and resolved by the appellate court.
a. Before; or
b. After conviction Should the court grant the application, the
b) RTC: accused may be allowed to continue on
a. Before conviction provisional liberty during the pendency of the
b. Offense NOT punishable appeal under the same bail subject to the
by: consent of the bondsman.
i. Death;
ii. Reclusion perpetua; or If the penalty imposed by the trial court is
iii. Life imprisonment imprisonment exceeding six (6) years, the
accused shall be denied bail, or his bail shall
Q: Why is the phrase “…of an offense not be cancelled upon a showing by the
punishable by death, reclusion perpetua, prosecution, with notice to the accused, of the
or life imprisonment” under (b) of the following or other similar circumstances:
aforesaid section is not present under (a)
as to the MTC? a) That he is a recidivist, quasi-recidivist,
or habitual delinquent, or has
Because notice that the jurisdiction of committed the crime aggravated by
the MTC is for offenses which has a the circumstance of reiteration;
imposable penalty of imprisonment
not exceeding 6 years. b) That he has previously escaped from
legal confinement, evaded sentence, or
71 | P a g e
violated the conditions of his bail
without valid justification; a) Petition for bail; and
b) Motion to reduce bail
c) That he committed the offense while
under probation, parole, or Q: Assume that the crime is not
conditional pardon; punishable by death, reclusion perpetua,
or life imprisonment, but the RTC ordered
d) That the circumstances of his case upon conviction that it is not bailable, as
indicate the probability of flight if counsel for the accused would you tell
released on bail; or your client that no bail is possible?
e) That there is undue risk that he may No, as a petition for bail is still
commit another crime during the available.
pendency of the appeal.
As a counsel one must still attempt to
The appellate court may, motu proprio or on ask for such through a petition for
motion of any party, review the resolution of bail.
the Regional Trial Court after notice to the In this instance, bail is not a matter of
adverse party in either case. right, but it does not automatically
mean that bail is absolutely banned, as
Q: To what court does discretionary bail it may be requested from the court as
apply? long as the penalty is not death,
reclusion perpetua, or life
To the RTC only, after conviction of imprisonment
an offense not punishable by death,
reclusion perpetua, or death. Q: Assume that bail was subsequently
granted, however your client’s money is
It would not apply to the MTC not enough, is there any other recourse
because it is always available as a aside from paying the whole amount?
matter of right.
Yes, the recourse is through a motion
Summary to reduce bail.
MTC RTC In this case, while bail is allowed, the

NOT Punishable amount required cannot be met.
punishable by by death, Hence, this motion would reduce the
death, reclusion
reclusion perpetua, or bail required.
perpetua, or life
life imprisonment This holds true even in cases of bail as
imprisonment
Before Matter Matter of right Non-bailable a matter of right, as long as there is
conviction of right insufficiency of funds to satisfy the
After Matter Discretionary Non-bailable bail.
conviction of right
Q: After bail has or has not been availed

Remedies
of, what comes next?
The following are the available
The next stage would be the
remedies as to bail:
arraignment and pre-trial.
72 | P a g e
4. That the officer who filed the
However, there would be remedies information had no authority to
available prior to the arraignment and do so;
pre-trial 5. That it does not conform
substantially to the prescribed
Remedies available from filing of form;
information/complaint in court up to 6. That more than one offense is
prior to arraignment and pre-trial charged except when a single
punishment for various offenses is
The following are the remedies prescribed by law;
available: 7. That the criminal action or liability
has been extinguished;
1. Bail: 8. That it contains averments which,
a. Petition for bail; if true, would constitute a legal
b. Motion to reduce bail excuse or justification; and
2. Bill of particulars; 9. That the accused has been
3. Motion to quash; previously convicted or acquitted
4. Motion to question validity of of the offense charged, or the case
arrest; against him was dismissed or
5. Motion for conduct of preliminary otherwise terminated without his
investigation express consent. (Rule 117.03)
Rationale for the remedies Notice however, similar to what has

already been discussed in civil
In this stage of the proceeding, the procedure cases, if a pleading is
court has yet to acquire jurisdiction already lacking in some points, why
over the accused use a Bill of Particulars when you can
file a Motion to Quash as there is
Bill of particulars v. motion to quash indeed a lacking point.
Bill of particulars is availed of in case Motion to question validity of arrest

the accused finds the complaint-
affidavit/information lacks details that This motion may be grounded on, but
will enable him to defend himself not limited to, the following:
properly.
1. Violence or unnecessary restraint,
On the other hand, a motion to or greater restraint than necessary
quash is available in the following was used during the accused‟
circumstances: arrest;
2. Unnecessary delay in delivering
1. That the facts charged do not the accused to the nearest police
constitute an offense; station or jail;
2. That the court trying the case has 3. When the accused was arrested
no jurisdiction over the offense without a warrant;
charged; 4. If after arrest, the arresting officer
3. That the court trying the case has failed to show the warrant upon
no jurisdiction over the person of the accused‟ request
the accused;
73 | P a g e
5. The arrest was made after the upon his request, to communicate and confer
expiration of the ten (10) day at any time with his attorney or counsel.
period of a warrant;
6. That after the arrest, the arresting Q: Considering that the above has been
officer did not mention the cause waived, would bail be waived as well?
of the arrest and the fact that a
warrant was issued against the No, as it has been expressly provided
accused; that “Notwithstanding the waiver, he
7. If a private person arrested the may apply for bail” (Rule 112.07)
accused, there was a failure to
inform him of the intent and cause Period for conduct of PI
of arrest.
It must be terminated within fifteen
Motion for conduct of preliminary (15) days from the inception of the
investigation motion.
This is available only in cases of Effect if motion filed after the period of
inquest. five (5) days from filing of the information
Within five (5) days from knowledge It amounts to a waiver of the right to
of the filing of the information in a preliminary investigation
court, the accused may move for such
motion. Meritorious motions
Effect of filing a motion for conduct of PI While it may seem that almost any
kind of motion may be filed as a
It amount to a waiver the provisions remedy, such as to delay time, it must
of Article 125 of the Revised Penal conform to requirements to be
Code: considered as a meritorious motion,
as follows:
Delay in the delivery of detained persons
to the proper judicial authorities; a) It alleges plausible grounds:
The penalties provided in the next preceding b) Supported by:
article shall be imposed upon the public a. Relevant documents;
officer or employee who shall detain any and/or
person for some legal ground and shall fail to b. Competent evidence
deliver such person to the proper judicial
authorities within the period of; twelve (12) It may include any of the following
hours, for crimes or offenses punishable by motions to:
light penalties, or their equivalent; eighteen
(18) hours, for crimes or offenses punishable a) Withdraw information;
by correctional penalties, or their equivalent b) Downgrade the charge in the
and thirty-six (36) hours, for crimes, or original information;
offenses punishable by afflictive or capital c) Exclude an accused originally
penalties, or their equivalent. In every case, charged therein;
the person detained shall be informed of the d) Quash a warrant of arrest;
cause of his detention and shall be allowed e) Quash information;
74 | P a g e
f) Suspend arraignment on the On the other hand, in case of a non-
ground of unsound mental detained accused, it must be set
condition (Rule 116.01) within thirty (30) calendar days from
g) Suspend proceeding on the the date the court acquires
ground of a prejudicial question jurisdiction.
(Rule 116.11);
h) Dismiss, on the ground of SLAPP ACCUSED WHEN SET RECKONING
PERIOD
Detained Within 10 From court‟s
Q: If the motion has no plausible ground calendar days receipt of case
and/or without supporting documents
and evidence, what is the effect? Non-detained Within 30 From the date
calendar days court acquires
It is to be treated as an jurisdiction
unmeritorious motion.
Q: In case of a non-detained accused, how
As such, it shall be denied outright can the court acquire jurisdiction?
Rule as to motion for postponement It may be by any of the following:
GR: Prohibited 1. Arrest; or

ER: If based on: 2. Voluntary surrender
Acts of God; Cases referred to the Philippine Mediation

Force majeure; or Center (PMC)
Physical incapability of
witness to appear and After the arraignment and pre-trial has
testify been conducted, and no settlement
has been reached on the civil liability,
ARRAIGNMENT AND PRE-TRIAL the following crimes may be referred
to the PMC:
Q: Are arraignment and pre-trial
conducted separately? 1. Crimes where payment may
prevent criminal prosecution or
No, under the Revised Guidelines for may extinguish criminal liability:
Continuous Trial of Criminal Cases a. BP 22;
(OCA Circular 101-2017), arraignment b. SSS Law;
and pre-trial are now conducted on c. PAG-IBIG Law;
the same day. 2. Crimes against property, where
the obligation is civil in nature:
When arraignment and pre-trial set a. Theft under MTC;
b. Estafa under 315(1);
In case of a detained accused, or c. Other forms of swindling;
one who was arrested by virtue of an d. Other deceits;
inquest, it must be set within ten (10) e. Malicious mischief
calendar days from the court‟s receipt 3. Crimes against honor, where the
of the case. liability may be civil in nature:
a. Libel;
75 | P a g e
b. Threatening to publish and
offer to present such (NOTE: Refer back to the discussion
publication for a on the Judicial Affidavit Rule in the
compensation; Civil Procedure portion of this work,
c. Prohibited publication of as the JA requirement is different in
acts referred to in the criminal cases)
course of official
proceedings; Q: Is there an instance when reverse trial,
d. Grave Oral defamation; where the accused presents first, is
e. Oral defamation; allowed?
f. Simple slander by deed;
g. Incriminating innocent Yes, when the accused presents
person; exculpatory evidence (e.g. self-
h. Intriguing against honor; defense)
i. Cyber-liber;
j. Criminal negligence; REMEDY AFTER TRIAL
k. Intellectual property rights
cases After the prosecution presented its
evidence, the defense may file a
Period to conduct mediation demurrer to evidence
It shall be terminated within a non- Demurrer to evidence

extendible period of thirty (30)
calendar days 119.23. Demurrer to evidence;
After the prosecution rests its case, the court
Effect of failure of mediation or period to may dismiss the action on the ground of
mediate expired insufficiency of evidence (1) on its own
initiative after giving the prosecution the
The case shall now proceed to trial opportunity to be heard or (2) upon demurrer
to evidence filed by the accused with or
TRIAL without leave of court. x x x
Period to conduct trial Ground for a demurrer to evidence
In no case, that the entire trial period It may be filed in case the defense
shall exceed: deems that the prosecution has
insufficient evidence to warrant a
CASE DAYS conviction beyond reasonable doubt.
Regular 180 days
Drug cases 60 days Effect of demurrer to evidence
Environmental cases 2 months
Intellectual property 60 days each It is akin to a motion to dismiss
Examination of witnesses Kinds of demurrer to evidence
It shall be in the same procedure as The following are the kinds of

civil cases demurrer to evidence:
76 | P a g e
Regular 90 days
1. With leave of court; or Drug cases 15 days
2. Without leave of court Environmental cases 90 days
Intellectual property 60 days each
Effect of denial of demurrer with leave of
court v. without leave of court POST-JUDGMENT REMEDIES
119.23. Demurrer to evidence; The following are the available

xxx remedies:
If the court denies the demurrer to evidence
filed with leave of court, the accused may 1. Motion for Reconsideration;
adduce evidence in his defense. When the 2. Motion for New Trial; and
demurrer to evidence is filed without leave of 3. Appeal
court, the accused waives the right to present
evidence and submits the case for judgment Grounds of motion for new trial
on the basis of the evidence for the
prosecution. x x x 121.02. Grounds for a new trial;
The court shall grant a new trial on any of the
If the demurrer with leave of court is following grounds:
denied, the accused may still adduce
evidence in his defense. a) The errors of law or irregularities
On the other hand, if the demurrer prejudicial to the substantial rights of
without leave of court is denied, the the accused have been committed
accused: during the trial;
1. Waives his right to adduce b) The new and material evidence has
evidence; and been discovered which the accused
2. Submits the case for judgment could not with reasonable diligence
have discovered and produced at the
DEMURRER EFFECT trial and which if introduced and
DENIED admitted would probably change the
With leave of court Accused may present judgment.
evidence
Without leave of Accused CANNOT Grounds of motion for reconsideration
court present evidence; and
Submits the case for 121.03. Ground for reconsideration
judgment The court shall grant reconsideration on the
ground of errors of law or fact in the
PROMULGATION OF JUDGMENT judgment, which requires no further
proceedings.
Period to promulgate judgment
Q: When should a motion for
The court must promulgate within the
reconsideration or new trial be filed?
following days after the case has been
submitted for decision:
121.01. New trial or reconsideration;
CASE DAYS
77 | P a g e
At any time before a judgment of conviction No, as it places the accused in double
becomes final, the court may, on motion of jeopardy.
the accused or at its own instance but with the
consent of the accused, grant a new trial or Q: A criminal case for rape was filed
reconsideration. against Lino Alejandro (Lino).
It should be filed before the judgment The trial court acquitted Lino on the
becomes final, hence within fifteen ground that the private offended party did
(15) days from promulgation. not testify.
Q: Who may file the motion for new trial However, on the same day, the prosecutor
or reconsideration? who worked the case filed a manifestation
that the files stating the testimony of the
It may be by any of the following: private offended party were misplaced in
another folder for a case against Lino by
1. Accused; or another private offended party.
2. Court, with consent of the
accused The trial court recalled the order, and held
Lino as guilty. Is the trial court correct?
Appeal
No, a judgment of acquittal may only
122.01. Who may appeal; be assailed in a petition for
Any party may appeal from a judgment or certiorari under Rule 65 of the
final order, unless the accused will be placed Rules.
in double jeopardy.
In this case, merely a manifestation
was filed to the court to correct the
Q: What order can be appealed?
error.
It may be an order not yet final, or a
This, however, does not change the
final order
fact that a judgment of acquittal had
already been promulgated. As such,
Q: Who may file an appeal?
double jeopardy will attach.
It may be filed by any party
Indeed, a judgment of acquittal is
(complainant or accused)
final, unappealable, and immediately
executory upon its promulgation.
Q: When can an appeal be disallowed?
(People v. Alejandro)
If it places the accused in double
Q: Is a petition for annulment of
jeopardy.
judgment or relief from judgment
available in criminal cases?
Q: In the judgment, the accused was
acquitted. Subsequently an appeal was set
No, as these remedies are available
against him. Can the court entertain the
only to civil cases.
appeal?
Be it noted that both petitions are
equitable remedies.
78 | P a g e
The Rules on Criminal Procedure

does not provide for such remedies.
79 | P a g e
COMPLAINT-AFFIDAVIT/ Read in whole, it means “Republic of
INFORMATION the Philippines, specifically for the city
of…”
Complaint-affidavit
Information
110.03. Complaint defined;
A complaint is a sworn written statement 110.04. Information defined;
charging a person with an offense, subscribed An information is an accusation in writing
by the offended party, any peace officer, or charging a person with an offense, subscribed
other public officer charged with the by the prosecutor and filed with the court.
enforcement of the law violated.
Hence, it is an:
Hence, it is a:
a) Accusation;
a) Sworn: b) In writing;
b) Written statement; and c) Subscribed
c) Charging a person with an offense
Q: Who may subscribe the information?
Q: Who may subscribe the complaint-
affidavit? Only the prosecutor can
It may be by any of the following: Q: Is a jurat necessary?
a) Offended party; Yes, as it is a sworn statement

b) Any peace officer; or
c) Other public officer charged with Additional requirements
the enforcement of the law
violated The following requirements aside
from the formal requirements must
Q: Is a jurat required? appear:
Yes, as it is an affidavit and a sworn 1. Words “…wilfully, unlawfully, and

statement feloniously”;
2. Approval by the City Prosecutor;
Q: Would it be acknowledged? 3. Certification of preliminary
investigation;
No, there are no transfer of rights 4. Witnesses; and
5. Bail recommended
Scilicet (S.S./S.C.)
Q: Are the words “…wilfully, unlawfully,
It means “…for the city of” and feloniously” required to appear at a
specific portion of the pleading?
It is the place where the affidavit was
executed, not necessarily the place it is No, as long as it is placed within the
to be filed. pleading logically.
80 | P a g e
Q: On the signature part, will the absence However, for purposes of this class,
of the other requirements render a the tests are as follows:
defective information?
a) Place of commission;
No, as the title alone suffice as OR b) Date of commission;
c) Names:
Q: What if the information was filed due a. Accused;
to being caught in the act, is a b. Offended party; and
certification still necessary? d) Prohibition on duplicity of offense
Yes, but instead of the conduct of PI, Place of commission

what will be stated is the conduct of
inquest proceedings Rationale
TEST OF SUFFICIENCY The complaint-affidavit or

information shall be filed in the place
110.06. Sufficiency of complaint or where the offense happened.
information;
A complaint or information is sufficient if it Be it noted that venue in criminal
states the name of the accused; the cases is jurisdictional
designation of the offense given by the
statute; the acts or omissions complained of Rule
as constituting the offense; the name of the
offended party; the approximate date of the 110.10. Place of commission of the offense;
commission of the offense; and the place The complaint or information is sufficient if it
where the offense was committed. can be understood from its allegations that
the offense was committed or some of the
When an offense is committed by more than essential ingredients occurred at some place
one person, all of them shall be included in within the jurisdiction of the court, unless the
the complaint or information. particular place where it was committed
constitutes an essential element of the offense
The following are required in order or is necessary for its identification.
for a complaint-affidavit be deemed
sufficient: Hence, the rule is as follows:
a) Names: GR: General allegation

a. Accused; sufficient
b. Offended party
b) Offense; ER: Specific, if material to
a. Designation by statute; the offense charged
b. Acts or omissions
complained of constituting Example of general allegation
the offense
c) Commission; “…in the city of Pasig”
a. Date;
b. Place Crimes which require specific place of
commission
81 | P a g e
It may include any of the following: For proper and efficient
administration of justice.
a) Trespass to dwelling;
b) Robbery; As such, it would be material
c) Libel; especially in the civil aspect of the case
d) BP 22 cases; where the named persons shall be the
e) Violation of domicile; parties to the case.
f) Piracy in the high seas
Rule as to the name of the accused
Date of commission
110.07. Name of the accused;
Rule The complaint or information must state the
name and surname of the accused or any
110.11. Date of commission of the offense; appellation or nickname by which he has been
It is not necessary to state in the complaint or or is known. If his name cannot be
information the precise date the offense was ascertained, he must be described under a
committed except when it is a material fictitious name with a statement that his true
ingredient of the offense. The offense may be name is unknown.
alleged to have been committed on a date as
near as possible to the actual date of its Hence, the rule is follows:
commission.
GR: Must be stated
Hence, similar to the place of
commission the rule is as follows: ER: Fictitious, if it cannot
be ascertained
GR: General allegation
sufficient Q: How can the name of the accused be
deemed sufficient?
ER: Specific, if material to
the offense charged If it states any of the following:
Example of general allegation a) Name and surname;

b) To which he is known as, by:
“…on or about the 15th day of a. Appellation; or
December” b. Nickname
Crimes which require specific date of Examples of names used in case it cannot
commission be ascertained
It may include any of the following: The courts usually use the “Does”,
a) Infanticide; such as John Doe, or Jane Doe.
b) Physical injuries
Q: How about the use of the name Juan
Names of offended party and accused Dela Cruz?
Rationale
82 | P a g e
As per Atty. Buenviaje, the practice of ER: Fictitious, it there is no better
using Juan Dela Cruz should be way to identify him
refrained.
Q: How can the name of the offended
Juan Dela Cruz is a common name in party be deemed sufficient?
the Philippines, and it would not fulfill
the rationale of proper and efficient Same as the rule on the name of the
administration of justice. accused, if it states any of the
following:
Rule as to name of the offended party
a) Name and surname; or
110.12. Name of the offended party; b) To which he is known as, by:
The complaint or information must state the a. Appellation; or
name and surname of the person against b. Nickname
whom or against whose property the offense
was committed, or any appellation or Prohibition on duplicity of offense
nickname by which such person has been or is
known. If there is no better way of identifying 110.13. Duplicity of the offense;
him, he must be described under a fictitious A complaint or information must charge but
name. one offense, except when the law prescribes a
single punishment for various offenses.
a) In offenses against property, if the
name of the offended party is Rule as to number of acts complained of
unknown, the property must be in the information
described with such particularity as to
properly identify the offense charged. In case of an information, it should
follow the “one is to one” (1:1) rule,
b) If the true name of the person against which means 1 information for 1 act
whom or against whose properly the or omission.
offense was committed is thereafter
disclosed or ascertained, the court However, as an exception, more than
must cause the true name to be one act may be included in the
inserted in the complaint or information if it is a complex crime.
information and the record. Hence the rule is as follows:
c) If the offended party is a juridical GR: Only 1 act or omission

person, it is sufficient to state its for 1 information
name, or any name or designation by
which it is known or by which it may ER: Complex crime
be identified, without need of averring
that it is a juridical person or that it is On the other hand, a complaint-
organized in accordance with law. affidavit filed directly to the court or
OP may include more than 1 act.
Hence, the rule is as follows:
Q: An information was prepared by the
GR: Must be stated investigating prosecutor wherein it
concluded that there is a probable cause
83 | P a g e
that the accused committed the illegal in Baguio City. Can Mrs. B file a case
possession, sale, and use of drugs. Is the against Mr. A?
information valid considering that the said
acts belong to one statute, which is RA Yes, Mrs. B may file a criminal case of
9165? bigamy.
No, an information must include only Q: Would the exact place where the crime
1 act. of bigamy was committed need to be
specifically stated?
While it is true that illegal possession,
use, and sale of drugs are crimes No, as the gravamen of bigamy is the
penalized under RA 9165, they fact of the second marriage despite the
constitute different offenses and existence of a first marriage.
penalties.
In such a case, the place of the second
Hence, there must 1 information for marriage would not be material to the
each of the acts complained of, one crime.
for the sale, another for the use, and
another for the illegal possession. Q: In case the investigating prosecutor
determined that a case may be filed, and
Q: Mr. A and Mrs. B are spouses, married is to prepare an information, where should
on 24 March 1980 in Makati City. Their the information be filed and addressed to?
marriage brought them one (1) child. It should be in the RTC of Baguio, as
the crime was committed in Baguio.
Mr. A, being a businessman, went to
business trips often. During one business Q: What if instead of Baguio, it was filed
trip, Mr. A met Ms. C, and they fell deeply in Makati?
in love.
It would lead to the dismissal of the
Due to their strong affection for each case, as venue is jurisdictional.
other, they got married on 15 August 2019
84 | P a g e
Republic of the Philippines }
Makati } S.S.
COMPLAINT-AFFIDAVIT
I, Mrs. B, Filipino, of legal age, married, residing at _______, after being sworn in
accordance with law, states that:
1. I married my husband, Mr. A, on 24 March 1980 in Makati City, evidence by our

marriage certificate a copy of which is attached herein as Annex A;
The allegations
herein is a
matter of style,
2. Mr. A, is a businessman who from time to time goes to business trips;
as long as the
facts are 3. During one of his business trips in Baguio, Mr. A met Ms. C;
sufficient, it
would suffice 4. (How the affair and marriage was known by Mrs. B)
5. A second marriage was celebrated, without the first marriage having been dissolved
(Date). Makati City
(sgd)
(Complainant‟s name)
Affiant
SUBSCRIBED AND SWORN to before me this (Date) at Makati City, affiant, Mrs. B,
exhibiting to me her (Identication Card with details)
Complaint-affidavit, as an NOTARY PUBLIC

affidavit and a sworn statement, Commission expires on.
needs to have a Jurat. (Address)
(Contact No.)
(E-mail address)
PTR No. __
NO copy furnish, IBP No. __
acknowledgment, notice of Roll No. __
hearing
MCLE Compliance __
85 | P a g e
__ Judicial Region
Baguio, Br. __
People of the Philippines,

Plaintiff
v. Criminal Case No. ___

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
INFORMATION
The undersigned prosecutor accuses Mr. A. of the crime of bigamy defined and penalized
under Article __ of the Revised Penal Code, committed as follows:
That on or about 15 August 2019 in Baguio City and within the jurisdiction of this
Honorable Court, accused Mr. A did then and there wilfully, unlawfully, and feloniously
contracted a second marriage with Ms. C without the first marriage with Mrs. B having been
legally dissolved, to the damage and prejudice of Mrs. B.
CONTRARY TO LAW
(Date).(Place)
(SGD)
(Name of prosecutor)
Assistant City Prosecutor
APPROVED BY:
City Prosecutor
CERTIFICATION
I hereby certify that a preliminary investigation has been conducted in this case, the
witnesses having been examined under oath, that on the basis of the sworn statement and other
evidence submitted before, there is reasonable ground to believe that the offense charged has been
committed and the accused is probably guilty thereof.
(SGD)
Assistant City Prosecutor
86 | P a g e
SUBSCRIBED AND SWORN to before me this (Date) at (Place), affiant, (Name of
prosecutor), exhibiting to me his (Identication Card with details)
Information, as a sworn NOTARY PUBLIC

statement, needs to have a Commission expires on.
Jurat. (Address)
(Contact No.)
(E-mail address)
PTR No. __
NO copy furnish, IBP No. __
acknowledgment, notice of Roll No. __
hearing
MCLE Compliance __
WITNESSES:
_____________
_____________
BAIL RECOMMENDED: __________
87 | P a g e
OTHER PLEADINGS private prosecutor may be authorized in
writing by the Chief of the Prosecution Office
Q: Is it different from pleadings in civil or the Regional State Prosecutor to prosecute
cases? the case subject to the approval of the court.
Once so authorized to prosecute the criminal
No, it is similar. However, there action, the private prosecutor shall continue
would be variations to it considering to prosecute the case up to end of the trial
the signatories and rules to follow even in the absence of a public prosecutor,
unless the authority is revoked or otherwise
Pleadings tackled withdrawn.
1. Motions: As a rule, the default lawyer is the

a. Withdrawal as counsel prosecutor himself.
2. Notice:
a. Entry of appearance; However, if the private offended party
3. of withdrawal as counsel has the means to do so, he may opt to
4. Formal offer of evidence; avail of a private prosecutor/lawyer.
5. Comment/Opposition Hence the rule is as follows:
MOTIONS GR: Public prosecutor;

ER: Private prosecutor
Formula
Motions by public prosecutor
FR+OR+R15
Required signature in case filed by public
Q: Who files? prosecutor
There would be a variation depending In these cases, the signature portion

on who files the motion: shall contain the public prosecutors
signature
1. Prosecution:
a. Prosecutor himself; or Q: Would there be a need to state the
b. Private prosecutor/lawyer other requirements?
2. Defense:
a. Public attorney‟s office; or No, the mere designation of the
b. Private lawyer prosecutor shall suffice.
Motions filed by prosecution However, the public prosecutor may

opt to do so and there shall be no
110.5. Who must prosecute criminal adverse effect to it
action;
All criminal actions either commenced by Q: Would there be a need of approval
complaint or by information shall be from the city prosecutor?
prosecuted under the direction and control of
a public prosecutor. In case of heavy work No, such is only needed in the
schedule of the public prosecutor or in the information
event of lack of public prosecutors, the
88 | P a g e
Motions filed by private prosecutor It is required for cases shall be
prosecuted by the prosecutor, to wit:
Grounds to avail private prosecutor
A private prosecutor may be availed “All criminal actions either
of in the following cases: commenced by complaint or
by information shall be
1. Heavy workload of public prosecuted under the direction
prosecutors; or and control of a public
2. Lack of public prosecutors prosecutor. (Rule 110.5)”
Authority required Thus, despite the private prosecutor‟s

authority, it should still be under the
Notwithstanding the presence of the direction and control of the public
grounds, the following authorities are prosecutor
required:
Copy furnish
1. Written authorization from:
a. Chief of Prosecution It shall be furnished to the counsel for
Office; or the accused.
b. Regional State Prosecutor;
2. Court approval Motions filed by defense
Q: Can the private prosecutor prosecute Q: Who may file?

the case even in the absence of the public
prosecutor? The following are the possible
counsels for the accused:
Yes
1. Public attorney‟s office, in case of
Q: Up to when is the authority of the indigents; or
private prosecutor valid? 2. Private lawyer
His authority shall continue until: Q: Would there be a difference in the

pleading based on the counsel of the
1. End of trial; or accused?
2. Authority revoked/withdrawn
No, the requirements would be the
Required signature in case filed by private same
prosecutor
Q: When will there be a difference in the
The following signatures are required: pleadings based on the counsel of the
prosecution?
1. Private prosecutor; and
2. Assistant city prosecutor Yes, as the required persons furnished
with the copy would vary
Rationale for requiring signature of
assistant city prosecutor Required persons furnished in case
adverse counsel is public prosecutor
89 | P a g e
In these cases, the furnishing to the In cases using JAR, the offeror must
public prosecutor would suffice offer it orally
Required persons furnished in case However, if there are many exhibits

adverse counsel is private prosecutor stated therein, the offeror may ask the
court to allow a written offer
On the other hand, in these cases, the
following persons must be furnished JAR in criminal cases
with the copy:
On the other hand, in criminal cases,
1. Private prosecutor; and it is applicable to criminal actions:
2. Assistant city prosecutor
1. Maximum penalty does not exceed
Rationale for requiring a copy furnished to six (6) years;
the assistant city prosecutor 2. Accused agreed to use of JA,
regardless of penalty involved; or
As the prosecution would nevertheless 3. In the civil aspect of the crime,
still be under the public prosecutor‟s whatever penalties involved are
direction and control
Summary of applicability of JAR in
Entry of appearance criminal cases
Q: When is an entry of appearance 6

necessary in criminal cases? MTC RTC
Whenever there is a private JA GR: Not JA

prosecutor ER: Accused agrees
Withdrawal as Counsel FOE submitted by public prosecutor
Additional requirement in case of motion Signature required

to withdraw as counsel
Similarly, the signature of the public
In these cases, just like in civil cases, prosecutor would suffice in this case
there must be conformity from the
client Q: Is there a need for an approval of the
city or assistant city prosecutor?
Q: Can such motions be filed via notice?
No, such is required only in the
Yes, the only difference would be if it information
was filed through a notice, the
formalities of a motion will not be Copy furnished
required
To counsel for the accused
(FOE) FOE submitted by private prosecutor
Relevance of judicial affidavit rule (JAR)

90 | P a g e
Signatures required Copy furnished
In the same vein, the following The same rules shall apply as with the
signatures are required in case of a motions, according to who handles
private prosecutor: the case:
1. Private prosecutor; and 1. Public prosecutor

2. Assistant city prosecutor 2. Private prosecutor:
a. Private prosecutor; and
Copy furnished b. Assistant city prosecutor
To counsel for the accused COMMENT/OPPOSITION
FOE submitted by defense Rules
Q: Would the enumeration of exhibits be The previously stated rules shall apply
the same with the prosecution? as to the signatures and copy
furnished
No, the accused uses numbers (e.g.
1,2,3,4) instead of the prosecution‟s
letters (e.g. A,B,C,D)
91 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
MOTION
The undersigned prosecutor, states that:
No need to 1. (Facts);
state personal 2. (Legal basis);
circumstances 3. (Ground anchored upon)
of the parties PRAYER
WHEREFORE, defendant prays that: Include a prayer

to “take note”
1. The Court takes note of this motion; for pleadings
2. (Specific prayer); filed after the
initiatory
3. Other reliefs just and equitable are likewise prayed for pleading
(Date). (Place)
(sgd) No OR required
(Name of Prosecutor) in case of public
Assistant City Prosecutor prosecutor
Notice of Hearing and Copy Furnished To: or Notice of Hearing: Of the two,
Branch Clerk of Court, RTC, Br.__ Branch Clerk of Court, RTC, Br.__ the former
Baguio City Baguio City is much
efficient
considering
Atty. __ Atty. __ the
(Law firm) (Law firm) repetitive
(Place) (Place) stating of
recipients.
Copy Furnished To:
Copy
Branch Clerk of Court, RTC, Br.__ furnished
Baguio City may be to
the
defendant
himself OR
92 | P a g e his counsel
if
represented
Atty. __
(Law firm)
(Place)
IF LITIGATED MOTION IF EX PARTE MOTION

In litigated Mr. A Mr. A
motions, it
is necessary Greetings! Greetings!
to inform
the adverse
party of the Please take note that the Motion will be Please take note that the Motion will be
hearing submitted for the consideration of this submitted for the consideration of this
date and Court on (date and time) Court upon receipt hereof:
time.
(sgd) (sgd)
(Name of Prosecutor) (Name of Prosecutor)

SERVICE
In cases of
such
availing
A copy of this Motion A copy of this Motion A copy of this MUST be
was filed via Registered was served to the other Motion was filed and stated.
Mail due to lack of counsel via Registered served to the other
manpower Mail due to lack of counsel via The most
manpower Registered Mail due common
reason is
(sgd) to lack of manpower lack of
(Name of Prosecutor) (sgd) manpower
(Name of Prosecutor) (sgd) or long
(Name of Prosecutor) distance.
93 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
MOTION
The undersigned counsel, states that:
1. The undersigned is the counsel on record for the accused;

2. On ____ accused manifests his intent to hire a new counsel to represent him;
and
3. Hence, this withdrawal of appearance.
PRAYER
1. The Court takes note of this motion;

2. The undersigned be allowed to withdraw as counsel for the accused; and
(Date). (Place)
(sgd) OR always
Atty. __ required in
Counsel for Accused case of
(Address) motions filed
(Contact No.) by the
accused,
(E-mail address) whether by a
PTR No. __ PAO or
IBP No. __ private lawyer
Roll No. __
MCLE Compliance No. __
Notice of Hearing and Copy Furnished To:

Branch Clerk of Court, RTC, Br.__
Baguio City
94 | P a g e
Atty.__ In this case,
(Law Firm) there is a
(Place) private
prosecutor.
(Name of Prosecutor) In such a
(Designation) case, a copy
Office of the City Prosecutor should also
(Place) be sent to the
public
prosecutor
With my conformity:
Mr. A All
withdrawals
shall be with
Atty.__ conformity
from the
client
Greetings!
Please take note that the Motion will be submitted for the consideration of this Court upon
receipt hereof:
(sgd)
Atty. __
EXPLANATION
A copy of this Motion was served to the other counsel via Registered Mail due to lack of manpower
(sgd)
Atty.__
95 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
ENTRY OF APPEARANCE

Br.__, Quezon City
Please take note of this entry of appearance of the undersigned lawyer as counsel for the
plaintiff.
It is thus requested that the pleadings, notices, orders, and other papers be served to the
address indicated hereunder.
A prayer may be
RESPECTFULLY SUBMITTED. included, but
“respectfully submitted
is sufficient.
(Date), (Place)
However, both can be
included as well (sgd)
Atty. __
(Place)
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
Copy furnished:
Atty.__
Counsel for the Accused
(Address)
With my conformity:
All pleadings filed in case of a private
(Name of prosecutor) prosecutor should be with conformity
(Designation) from the public prosecutor
96 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
Undersigned prosecutor submits this formal offer as follows:

If by “A” Marriage Certificate dated ______ To prove the existence of marriage between
defendant, Mr. A and Mrs. B
exhibits “B” Marriage License dated ______ To prove the existence of marriage between
are Mr. A and Mrs. B
numbered
(e.g. “1”,
“C” (Document) To prove __________
“2”) “D” (Document) To prove __________
PRAYER

DO NOT
SAY “Exhibits a) This Court takes note of this Formal Offer of Evidence;
A to D” b) Exhibits, A, B, C, and D, be admitted as evidence for the purpose for which they are
Enumerate all
offered; and
exhibits. c) Other reliefs, just and equitable, are likewise prayed for
(Date), (Place)
(sgd)
(Designation)
Copy furnished:
Atty. __
Quezon City
EXPLANATION
97 | P a g e
A copy of this Formal Offer of Evidence was filed and served to the other counsel via
Registered Mail due to lack of manpower
(sgd)
(Designation)
98 | P a g e
99 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
Prosecution, by counsel, under the direct control and supervision of the public prosecutor
submits this formal offer as follows:

“A” Marriage Certificate dated ______ To prove the existence of marriage between
Mr. A and Mrs. B
“B” Marriage License dated ______ To prove the existence of marriage between
Mr. A and Mrs. B
“C” (Document) To prove __________
“D” (Document) To prove __________
PRAYER
a) This Court takes note of this Formal Offer of Evidence;

b) Exhibits, A, B, C, and D, be admitted as evidence for the purpose for which they are
offered; and
c) Other reliefs, just and equitable, are likewise prayed for
(Date), (Place)
(sgd)
Atty. __
(Place)
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
100 | P a g e
MCLE Compliance __
Copy furnished:
Atty.__
(Address)
With my conformity:
(Designation)
EXPLANATION
(sgd)
Atty. __
101 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
Accused, by counsel, submits this formal offer as follows:

“1” Certificate of No Marriage dated ____ To prove that no marriage exists between
Mr. A and Mrs. B
“2” (Document) To prove __________
PRAYER
WHEREFORE, accused prays that:

b) Exhibits, 1, 2, 3, and 4, be admitted as evidence for the purpose for which they are
offered; and
(Date), (Place)
(sgd)
Atty. __
Counsel for Accused
(Place)
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
102 | P a g e
Copy furnished:
(Designation)
Office of the City Prosecutor
(Address)
EXPLANATION
(sgd)
Atty. __
103 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
Accused, by counsel, submits this formal offer as follows:

“1” Certificate of No Marriage dated ____ To prove that no marriage exists between
Mr. A and Mrs. B
PRAYER

b) Exhibits, 1, 2, 3, and 4, be admitted as evidence for the purpose for which they are
offered; and
(Date), (Place)
(sgd)
Atty. __
Counsel for Accused
(Place)
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
104 | P a g e
Copy furnished:
Atty.__
(Designation)
(Address)
EXPLANATION
(sgd)
Atty. __
105 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
COMMENT/OPPOSITION
Accused, by counsel, submits this comment/opposition as follows:

“A” Marriage certificate dated ___ (Reason)
“B” Marriage license dated ___ (Reason)
“C” (Document) (Reason
“D” Return Card dated _______ (Reason)
PRAYER

DO NOT
SAY “Exhibits
A to D”
a) This Court takes note of this Comment/Opposition;
b) Exhibits, A, B, C, and D not to be admitted as evidence; and
Enumerate all c) Other reliefs, just and equitable, are likewise prayed for
exhibits.
(Date), (Place).
(sgd)
Atty. __
Address
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
Copy furnished:
106 | P a g e
(Designation)
(Address)
EXPLANATION
A copy of this Comment/ Opposition was filed and served to the other counsel via Registered Mail
due to lack of manpower
(sgd)
Atty. __
107 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
COMMENT/OPPOSITION
Accused, by counsel, submits this comment/opposition as follows:

“A” Marriage certificate dated ___ (Reason)
“B” Marriage license dated ___ (Reason)
“C” (Document) (Reason
“D” (Document) (Reason)
PRAYER

DO NOT
SAY “Exhibits
A to D”
b) Exhibits A, B, C, and D not to be admitted as evidence; and
Enumerate all c) Other reliefs, just and equitable, are likewise prayed for
exhibits.
(Date), (Place).
(sgd)
Atty. __
Address
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
Copy furnished:
Atty.__
108 | P a g e
(Designation)
(Address)
EXPLANATION
A copy of this Comment/ Opposition was filed and served to the other counsel via
(sgd)
Atty. __
109 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
COMMENT/OPPOSITION
Undersigned prosecutor submits this comment/opposition as follows:

“1” (Document) (Reason)
“3” (Document) (Reason
PRAYER

b) Exhibits 1, 2, 3, and 4 not to be admitted as evidence; and
(Date), (Place).
(sgd)
(Designation)
Copy furnished:
Atty.__
Counsel for Accused
EXPLANATION
110 | P a g e
(sgd)
(Designation)
111 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
COMMENT/OPPOSITION
Prosecution, by counsel, under the direct control and supervision of the public prosecutor
submits this comment/opposition as follows:

“3” (Document) (Reason
PRAYER

b) Exhibits 1, 2, 3, and 4 not to be admitted as evidence; and
(Date), (Place).
(sgd)
Atty. __
Address
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
Copy furnished:
112 | P a g e
Atty.__
Counsel for Accused
With my conformity:
(Designation)
Office of the Prosecutor
(Address)
EXPLANATION
(sgd)
Atty. __
113 | P a g e
BAR TECHNIQUES Paragraphs
Purpose Observe the following:
The following as discussed are tips for a) For the first line:
the bar exams and even in answering a. Place a space between the
the law school exams question number and the
first line (2nd line after the
Where to put answers question number);
b. Indent the first line
Only on the right side of the booklet b) Use margins;
c) Do not write on the last line
Q: Upon receiving the booklet, would you
start on the very first right page? Q: What if your answer is on the 2nd to the
last line, and you still have a few more
No, the bar exam booklet indicates words to write, should you write on the
the page where you should start. last line at the bottom of the page?
Usually it has the words “Begin
answering here” No, rather write on the next page
Q: When can the left side of the booklet Subquestions

be used?
In case of subquestions, just write the
Only when all the right side pages has answer to each question on different
been used pages
Q: Assuming all the right side pages has Purpose of writing answers to
been used, and you are about to use the subquestions in separate pages
left side pages, where should you start?
In case of error, the space left on the
Start at the left side of the last right page may be used to write a new
side page of the booklet, going answer
towards the front end of the booklet
Enumerations
Q: Where should the question number be
placed? One line should be for one
answer/enumeration only (1:1 Rule)
At the 2nd line of the booklet
Q: Can a symbol, such as “*” be used in
Q: Assume that the question number is enumerating?
stated as “III”, how should it be written?
No, use numbers or letters (e.g. 1, 2,
It should be written as it appeared in 3, a, b, c)
the questionnaire.
Q: Assume that the question is “What are
Hence, do not use “3” or “Three”. the seven (7) elements of (concept)”, and
unfortunately you forgot one of the
elements, what would be advisable?
114 | P a g e
Answer it in paragraph form: Q: Assume that you wrote a wrong phrase
which completely alters your supposed
The seven (7) elements of answer, what should you do?
(concept) are _____; _____:
_____; _____: _____; and Erase the answer per line by using a
_____: horizontal line striking the words in
the middle.
By using this method, the examiner
may believe that you have written Hence, do not do the following:
seven (7) but actually has written only
six (6) a) Using an “X” mark across the
page; or
However, if you know the answer by b) Writing at the left page (this is
heart, use the numbered answer, as it reserved in cases of no more right
may impress the examiner. hand pages)
Q: Assume that you still have three Q: Assume that by mistake, upon
answers left to the enumeration, can you checking your answers, you skipped a
use an arrow directing to the blank page, what should you do?
portion of the booklet and continue from
there? Write an answer, either the one
immediately preceding or after the
No, just use the next page blank page, and stop midway through
writing the whole answer, and erase it
Definitions properly (horizontal lines).
Do not use symbols such as “-“, “:”, This way, the presumption would be
“=”, etc. Di naman formula yan. that you have written a wrong answer
and merely changed it by using the
Just turn the symbols into words (e.g. other page.
Marriage is…)
Distinctions
Q: Assume that in answering the question,
you forgot to put a certain phrase that In answering distinction, define each
would make the construction of the term in one paragraph each. Normally
sentence correct, how would you correct distinction would just be adverse of
it? each other, so the answer would be
sufficient. Hence:
Erase it as a whole and create a new
answer. “Term A
is______________________
Hence, do not merely place a sign _______________________.
pointing upwards and writing such
words at the top portion before or On the other hand, term b is
after the lacking word/s ________________________
______________________.”
115 | P a g e
REMINDERS support after a reasonable
opportunity for discovery
This portion pertains to those Atty.
Buenviaje mentioned to take note for The signature of the affiant shall further
purposes of the final exams serve as a certification of the truthfulness
of the allegations in the pleading.
Amended verification, certification against
forum shopping, and warranties of A pleading required to be verified that
lawyer’s signature contains a verification based on “information
and belief,” or upon “knowledge, information
Memorize the new provision, as when and belief,” or lacks a proper verification,
Atty. requires a pleading which shall be treated as an unsigned pleading.
requires such parts, it must be stated
as amended Certification against forum shopping
Verification Sec.5. Certification against forum
shopping;
Sec.4. Verification; The plaintiff or principal party shall certify
Except when otherwise specifically required under oath in the complaint or other initiatory
by law or rule, pleadings need not be under pleading asserting a claim for relief, or in a
oath or verified. sworn certification annexed thereto and
simultaneously filed therewith:
A pleading is verified by an affidavit of an
affiant duly authorized to sign said
a) that he or she has not theretofore
verification. The authorization of the
commenced any action or filed any
affiant to act on behalf of a party, whether
claim involving the same issues in any
in the form of a secretary’s certificate or a
court, tribunal or quasi-judicial agency
special power of attorney, should be
and, to the best of his or her
attached to the pleading, and shall allege
knowledge, no such other action or
the following attestations:
claim is pending therein;
b) if there is such other pending action
a) The allegations in the pleading or claim, a complete statement of the
are true and correct based on present status thereof; and
his or her personal knowledge,
or based on authentic c) if he or she should thereafter learn
documents; that the same or similar action or
claim has been filed or is pending, he
b) The pleading is not filed to or she shall report that fact within five
harass, cause unnecessary (5) calendar days therefrom to the
delay, or needlessly increase the court wherein his or her aforesaid
cost of litigation; and complaint or initiatory pleading has
been filed.
c) The factual allegations therein
have evidentiary support or, if
The authorization of the affiant to act on
specifically so identified, will
behalf of a party, whether in the form of a
likewise have evidentiary
secretary’s certificate or a special power of
116 | P a g e
attorney, should be attached to the extending, modifying, or
pleading. reversing existing
jurisprudence;
Failure to comply with the foregoing
requirements shall not be curable by mere 3. The factual contentions have
amendment of the complaint or other evidentiary support or, if
initiatory pleading but shall be cause for the specifically so identified, will
dismissal of the case without prejudice, unless likely have evidentiary support
otherwise provided, upon motion and after after availment of the modes of
hearing. The submission of a false discovery under these rules;
certification or non-compliance with any of and
the undertakings therein shall constitute
indirect contempt of court, without prejudice 4. The denials of factual
to the corresponding administrative and contentions are warranted on
criminal actions. If the acts of the party or his the evidence or, if specifically
or her counsel clearly constitute willful and so identified, are reasonably
deliberate forum shopping, the same shall be based on belief or a lack of
ground for summary dismissal with prejudice information.
and shall constitute direct contempt, as well as
a cause for administrative sanctions. If the court determines, on motion or
motu proprio and after notice and
Warranties of lawyer’s signature hearing, that this rule has been violated, it
may impose an appropriate sanction or
Section 3. Signature and address; refer such violation to the proper office for
a) Every pleading and other written disciplinary action, on any attorney, law
submissions to the court must be signed firm, or party that violated the rule, or is
by the party or counsel representing him responsible for the violation. Absent
or her. exceptional circumstances, a law firm
shall be held jointly and severally liable for
b) The signature of counsel constitutes a a violation committed by its partner,
certificate by him or her that he or she associate, or employee. The sanction may
has read the pleading and document; that include, but shall not be limited to, non-
to the best of his or her knowledge, monetary directive or sanction; an order to
information, and belief, formed after an pay a penalty in court; or, if imposed on
inquiry reasonable under the motion and warranted for effective
circumstances: deterrence, an order directing payment to
1. It is not being presented for any the movant of part or all of the reasonable
improper purpose, such as to attorney’s fees and other expenses directly
harass, cause unnecessary resulting from the violation, including
delay, or needlessly increase the attorney’s fees for the filing of the motion
cost of litigation; for sanction. The lawyer or law firm
cannot pass on the monetary penalty to
2. The claims, defenses, and other the client.
legal contentions are warranted
by existing law or Jurisdiction of the Court of Tax Appeals
jurisprudence, or by a non- (CTA)
frivolous argument for
117 | P a g e
It has exclusive appellate 1. Criminal cases involving violations
jurisdiction over the following: of the National Internal Revenue
Code and the Tariff and Customs
a) Decisions of the Commissioner of Code;
Internal Revenue in cases
involving disputed assessments, 2. Decisions of the Regional Trial
refunds of internal revenue taxes, Courts (RTC) in local tax cases;
fees or other charges, penalties
imposed in relation thereto, or 3. Decisions of the Central Board of
other matters arising under the Assessment Appeals (CBAA) in
National Internal Revenue Code cases involving the assessment and
or other law or part of law taxation of real property; and
administered by the Bureau of
Internal Revenue; 4. Collection of internal revenue
taxes and customs duties the
b) Decisions of the Commissioner of assessment of which have already
Customs in cases involving become final.
liability for customs duties, fees or
other money charges; seizure, Jurisdiction of Court of Appeals (CA) in
detention or release of property criminal cases
affected; fines, forfeitures or other
penalties imposed in relation It has exclusive appellate
thereto; or other matters arising jurisdiction over the following cases:
under the Customs Law or other
law or part of law administered by 1. Appeal; from the RTC in cases
the Bureau of Customs; commenced therein, except those
appealable to the Supreme Court
c) In automatic review cases where or the Sandiganbayan; and
such decisions of the Commission
of Customs favorable to the 2. Petition for Review; from the
taxpayer is elevated to the RTC in cases appealed thereto
Secretary of Finance; and from the lower courts and not
appealable to the Sandiganbayan
d) Decisions of the Secretary of
Trade and Industry, in the case of Jurisdiction of the Supreme Court in
non-agricultural product, criminal cases
commodity or article, or the
Secretary of Agriculture, in the It has exclusive appellate
case of agricultural product, jurisdiction over the following cases
commodity or article, in
connection with the imposition of 1. Appeal:
the Anti-Dumping Duty, a. From the RTC:
Countervailing and Safeguard i. in all criminal cases
Duty. involving offenses
for which the
Furthermore, its original appellate penalty is reclusion
jurisdiction has been expanded to perpetua or life
include the following: imprisonment;
118 | P a g e
ii. those involving Republic of the Philippines
other offenses Court of Tax Appeals
which, although Quezon City
not so punished, __th Division
arose out of the
same occurrence Republic of the Philippines
or which may have Sandiganbayan
been committed by Quezon City
the accused on the __th Division
same occasion.
b. Automatic review in
The CTA and SB are both seated in
criminal cases where the Quezon City.
death penalty is imposed.
2. Petition for Review on Certiorari In the same vein, there are cases
a. From the CA; which must be heard en banc
b. From the SB; and
c. From the RTC where only En banc cases of SC
an error or question of law
is involved
Sec.3. Court en banc matters and cases;
The Court en banc shall act on the following
Exclusive appellate jurisdiction of
matters and cases:
Sandiganbayan (SB)
Over appeals, from the RTC in cases a) cases in which the constitutionality
under P.D. 1606 (as amended by P.D. or validity of any treaty,
1861) whether or not the cases were international or executive
decided by them in the exercise of agreement, law, executive order,
their original or appellate jurisdictions presidential decree, proclamation,
order, instruction, ordinance, or
Writing caption of appellate courts regulation is in question;
Republic of the Philippines b) criminal cases in which the

Supreme Court appealed decision imposes the
Manila death penalty or reclusion
__th Division perpetua;
c) cases raising novel questions of

Republic of the Philippines law;
Court of Appeals
Manila
th d) cases affecting ambassadors, other
__ Division public ministers, and consuls;
Both the SC and CA are seated in e) cases involving decisions,
Manila City. resolutions, and orders of the Civil
Service Commission, the
Notice further that there are cases that Commission on Elections, and the
are decided en banc, so it may be placed Commission on Audit;
instead of the division
119 | P a g e
f) cases where the penalty appropriate for transfer to the
recommended or imposed is the Court en banc;
dismissal of a judge, the
disbarment of a lawyer, the n) Cases that the Court en banc
suspension of any of them for a deems of sufficient importance to
period of more than one year, or a merit its attention; and
fine exceeding forty thousand
pesos; o) all matters involving policy
decisions in the administrative
g) cases covered by the preceding supervision of all courts and their
paragraph and involving the personnel.
reinstatement in the judiciary of a
dismissed judge, the reinstatement En banc cases of CA
of a lawyer in the roll of attorneys,
or the lifting of a judge‟s Sec.2. Matters Cognizable by the Court
suspension or a lawyer‟s En Banc;
suspension from the practice of The Court shall sit in en banc to, among other
law; things:
h) cases involving the discipline of a a) Promulgate rules relative to the

Member of the Court, or a organization or reorganization of
Presiding Justice, or any Associate the Divisions of the Court,
Justice of the collegial appellate assignment of the Justices,
court; distribution of cases, and other
matters concerning the operation
i) cases where a doctrine or principle and management of the Court and
laid down by the Court en banc or its Divisions;
by a Division my be modified or
reversed; b) Act on administrative matters,
including the regrouping, merger
j) cases involving conflicting or abolition of existing offices,
decisions of two or more units or services, the creation of
divisions; new ones, or the transfer of
functions of one office, unit or
k) cases where three votes in a service to another as the
Division cannot be obtained; exigencies of the service may
require;
l) Division cases where the subject
matter has a huge financial impact c) Adopt uniform administrative
on businesses or affects the measure; procedures, and policies
welfare of a community; for the protection and
preservation of the integrity of the
m) Subject to Section 11 (b) of this judicial processes, the speedy
rule, other division cases that, in disposition of cases, and the
the opinion of at least three promotion of efficiency of the
Members of the Division who are personnel;
voting and present, are
120 | P a g e
d) Discuss and thresh out divergent
views on any particular question En banc cases of SB
of law so as to reach a consensus
thereon or to minimize, if not Over matters pertaining to conduct of
completely avoid, conflict of its affairs
decisions and resolutions of the
different Divisions of the Court Note
on the interpretation and
application of any question or In the pleading for an appeal, the
provision of law; following must appear:
e) Take up other administrative a) Names of the parties to the

matters which the Presiding appeal;
Justice or any member may b) Specify judgment or final order or
suggest for consideration and part thereof appealed from;
inclusion in its agenda; c) Court to which the appeal is being
taken;
f) Recommend to the Supreme d) Material dates showing timeliness
Court the appointment of the of appeal;
Clerk of Court, Assistant Clerk of
Court, Court Reporter and Thus, such appeal would just change
Division Clerks of Court; and depending on the appellate court to
file an appeal with.
g) Receive foreign and local
dignitaries, important guests and Further, only a notice of appeal is
visitors, honor a colleague or given as a sample as a record on
retiring member of the Court, appeal is required only in special
hold necrological services for its proceedings and where multiple
members who die in office, and appeals are allowed.
honor members who die after
retirement. Sadly, I was not able to put a sample
for a petition for review to the CTA
En banc cases of CTA or SC.
Appeal of CTA division‟s division
121 | P a g e
__ Judicial Region
Baguio, Br. __

Plaintiff

For: Bigamy
Mr. A,
Accused
x----------------------------------------------x
NOTICE OF APPEAL
Accused Mr. A, by counsel, respectfully gives notice to this Honourable Court that he is
appealing the conviction rendered by this court dated ____ to the Court of Appeals.
(Date), (Place).
(sgd)
Atty. __
Address
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
Copy furnished:
(Designation)
(Address)
122 | P a g e
FINAL EXAMS of a wrong, while criminal action is when the
State prosecutes persons for acts or omissions
1. In not more than 35 words, answer punishable by law
the following questions:
2. RENTA Corporation, a juridical
a. Distinguish “fails to tender entity, with principal place of
an issue” from “no genuine business at 261 Mayapis Street,
issue”; owns a stall at Unit 3, Greenbelt 5,
Makati City.
Failure to tender an issue occurs when the
answer fails to tender an issue or admits its RENTA Corporation leased it to
material allegations, while no genuine issue is Demet Atienza, a resident of 123
when the issue does not concern any material Singalong Street, Malate, Manila,
fact. from 1 January 2019 to 1 January
2020, at a monthly rental of
b. Define “competent Php30,000.
evidence of identity” under
the 2004 Rules on Notarial Demer Atienza failed to pay for 6
Practice; months i.e. February 2019 to July
2019.
Individual‟s identification document issued by
the government, bearing his photograph and Despite demands, Demet Atienza
signature, or an oath or affirmation by one or refused to pay. RENTA
two credible witnesses not privy to the Corporation wants to recover the
instrument or document, who personally possession of the subject property.
knows the individual
As counsel for RENTA
c. Define “Judicial Affidavit” Corporation, draft the necessary
under the Judicial Affidavit pleading.
Rule;
Complaint for unlawful detainer
A judicial affidavit is in lieu of direct
testimonies 3. The City Prosecutor of Manila
charged Ricky Lee with violating a
d. Distinguish prescription of city ordinance before the RTC of
crime from prescription of Manila, which was raffled to
penalty; Branch 123.
Prescription of crime refers to the loss of the As counsel for Ricky Lee, you
State‟s right to prosecute while prescription of believe that the filing of the
penalty is the loss of State‟s right to enforce a Information before the RTC is
final judgment. erroneous. Draft the necessary
pleading.
e. Distinguish “civil action”
from “criminal action” Motion to quash on the ground that the court
trying the case has no jurisdiction over the
Civil action is for the enforcement or offense charged
protection of a right, or prevention or redress
123 | P a g e
4. On 13 October 2017, Mr. B, a Unfortunately, Mr. B failed to pay
resident of Bangkal, Makati City, the amount borrowed prompting
borrowed from Mr. A, a resident of Mr. A on 3 February 2019, to file an
San Marcelino, Iloilo City, the sum action for foreclosure of real estate
of two hundred fifty thousand mortgage.
pesos (Php250,000), payable within
the period of one (1) year from said The case was docketed as C 12345.
date, with an interest thereon at the During the pre-trial of the case,
rate of 5% per month. Mr. C came to know of the case
filed against Mr. B. He (Mr. C)
To secure the prompt and full claimed that Mr. B on 14 October
payment of the principal and 2017 also borrowed money from
interest, Mr. B made and executed him in the amount of Php150,000
on 13 October 2017, a Deed of real and by way of Deed os Real Estate
Estate Mortgage in favor of Mr. A Mortgage dated 14 October 2017,
covering a parcel of land situated the subject property was also used
at Baybay, Aklan, with an area of as a security for the loan.
four hundred seventy eight (478)
square meters, more or less. As the counsel for Mr. C, what
pleading are you going to file to
It has an assessed value in the sum protect the interest of your client?
of Php13,380. Said land is covered
by TCT No. P-5561. Motion to intervene
124 | P a g e
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT, BR. __
MAKATI
RENTA Corporation,
Plaintiff
v. Civil Case No. __

For: Unlawful detainer
Demet Atienza,
Defendant
x--------------------------------------x
COMPLAINT
Plaintiff, by counsel, states that:
1. RENTA Corporation (Plaintiff), is a juridical entity, with principal place of business at

261 Mayapis Street, ______ City, is the owner of a stall at Unit 3, Greenbelt 5, Makati
City (Stall) evidenced by its ______, a copy of which is attached as Annex A;
2. Demet Atienza (Defendant), Filipino, of legal age, single, and a resident of 123 Singalong
Street, Malate, Manila;
3. Plaintiff and defendant entered into a lease agreement where the former shall lease to the
latter the said Stall from 1 January 2019 to 1 January 2020, at a rate of thirty thousand
pesos (Php30,000.00) per month.;
4. Defendant failed to pay the monthly rental from February 2019 to July 2019, or a total of
six (6) months;
5. Despite demands, Defendant failed to pay the same. A copy of the final demand letter is
attached as Annex B;
6. Under the law, that in order to for an action for unlawful detainer be availed, there must
be a failure to pay the rent due or to observe the conditions of the lease and a
subsequent demand to pay and/or vacate.
PRAYER
WHEREFORE, premises considered, plaintiff respectfully prays that:
1. Defendant be ordered to vacate and return the property;

2. Defendant be ordered to pay his balance;
(Date),(Place)
125 | P a g e
(sgd)
Atty. __
(Address)
(Contact number)
(Email address)
Roll No. ___
IBP No. ___
PTR No. ___
MCLE Compliance No.__
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, (Corporate Officer), with office address at 261 Mayapis Street, ______ City, after
being sworn to in accordance with law, respectfully states that:
1. I am the (Position) of RENTA Corporation, Plaintiff in the above-entitled case;
2. I have been authorized by the Board of Directors of the Plaintiff, thru a

Secretary‟s Certificate, to cause the filing of this Complaint and to sign and
execute this Verification and Certification of Non-Forum Shopping. Said
Secretary‟s Certificate is attached as Annex D;
3. The allegations in the pleading are true and correct based on my own personal
knowledge and on authentic documents;
4. The pleading is not filed to harass, cause unnecessary delay, or needlessly

increase the cost of litigation;
5. The factual allegations therein have evidentiary support or, if specifically so

identified, will likewise have evidentiary support after a reasonable opportunity
for discovery;
6. Plaintiff has not theretofore commenced any action or filed any claim involving
the same issues in any court, tribunal or quasi-judicial agency and, to the best of
Plaintiff‟s knowledge, no such other action or claim is pending therein;
7. If there is such other pending action or claim, a complete statement of the

present status thereof; and
8. If Plaintiff should thereafter learn that the same or similar action or claim has
been filed or is pending, Plaintiff shall report that fact within five (5) calendar
days therefrom to the court wherein his or her aforesaid complaint or initiatory
pleading has been filed.
IN WITNESS WHEREOF, I hereunto affixed my signature this (Date), at (Place

of execution)
(sgd)
126 | P a g e
(Name of corporate officer)
Affiant
JURAT
SUBSCRIBED and sworn to before me, this (date) in (place), affiant exhibiting to me his
(competent evidence of identity) issued at (place)
NOTARY PUBLIC
Commission expires on.
(Address)
(Contact No.)
(E-mail address)
PTR No. __
IBP No. __
Roll No. __
MCLE Compliance __
Doc. No. __
Page No. __
Book No. __
Series of __
127 | P a g e
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT, BR. 123
MANILA

Plaintiff

For: Violation of City
Ordinance No. __
Ricky Lee
Accused
x-------------------------------------x
MOTION TO QUASH
Accused, by counsel, states that:
1. On ___, accused was charged for violation of city ordinance no. __ in your Honorable
Court;
2. Under Batas Pambansa Bilang 129 (BP 129), jurisdiction over violations of municipal
and city ordinances shall be vested to the Municipal Trial Court (MTC); and
3. Under the 2000 Rules of Criminal Procedure, a complaint or information may be
quashed if the court trying the case has no jurisdiction over the offense charged
PRAYER
WHEREFORE, premises considered, accused respectfully prays that:

2. The complaint or information filed against him be quashed on the ground of lack of
jurisdiction; and
____.____.
(sgd)
Atty.__
Counsel for the accused
(Address)
(Contact Number)
(Email address)
Roll No. __
IBP No. __
PTR No. __
MCLE Compliance No. __
128 | P a g e
Notice of hearing and copy furnished to:
Branch Clerk of Court, Regional Trial Court, Br. 123
Manila City
Atty. ___
City Prosecutor
Manila City
NOTICE OF HEARING
Atty. __
Greetings!
Please take note that this Motion will be submitted for the consideration of this
Court on _____ at _____
(sgd)
Atty. __
EXPLANATION
A copy of this Motion was served to the other counsel via registered mail due to lack of
manpower
(sgd)
Atty. __
129 | P a g e
________ JUDICIAL REGION
MUNICIPAL TRIAL COURT, BR. __
KALIBO, AKLAN
Mr. A,
Plaintiff
v. Civil Case No. C-12345

For: Foreclosure of Real
Estate Mortgage
Mr. B,
Defendant
Mr. C,
Intervenor
x---------------------------------------x
MOTION TO INTERVENE
Intervenor, by counsel, states that he has a legal interest in the matter under litigation, being
a mortgagee of the same property, and he may be adversely affected by the proceedings as shown in
the attached Complaint-in-Intervention.
PRAYER
WHEREFORE, premises considered, intervenor respectfully prays that:

2. That Mr. C be allowed to intervene as a party plaintiff; and
3. Other reliefs just and equitable are likewise prayed for
____. ____
(sgd)
Atty.__
Counsel for Intervenor
Address
Contact No.
Email address
Roll No. __
IBP No. __
PTR No. __
MCLE Compliance
Notice of hearing and copy furnished to:

130 | P a g e
Branch Clerk of Court, Municipal Trial Court, Br. __
Kalibo, Aklan
Atty. __
Counsel for the plaintiff
Atty. __
Counsel for the defendant
NOTICE OF HEARING
Atty. __
Greetings!
Please take note that this Motion shall be submitted for the consideration of this Court on
___ at ___
(sgd)
Atty. __
Atty. __
Greetings!
Please take note that this Motion shall be submitted for the consideration of this Court on
___ at ___
(sgd)
Atty. __
EXPLANATION
A copy of this motion has been served to the other counsels via registered mail due to lack
of manpower
131 | P a g e

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PRACTICE COURT 1 2019-2020, 2nd Sem

Atty. Rickson Buenviaje PJA

The following are the materials used for this work:

1. Lectures of Atty. Rickson Buenviaje

PRESENTATION OF WITNESSES AND JUDICIAL AFFIDAVIT RULE ………. 39

INCIDENTAL PLEADINGS …………………………………………………………... 44

COMPLAINT-AFFIDAVIT/ INFORMATION ……………………………………… 80

OTHER PLEADINGS …………………………………………………………………. 88

BAR TECHNIQUES …………………………………………………………………… 114

REMINDERS ……………………………………………………………………………. 116

FINAL EXAMS ………………………………………………………………………….. 123

COMPLAINT CAUSE OF FRAMEWORK OF

FILING AND SERVICE PROCEDURAL

When a person has a cause of action. 3.07. Compulsory joinder of indispensable

No (e.g. Statement of Claim) As an example, indispensable parties

Rules considered Rule 4; Venue of Actions

1. Rule 2; Cause of Action Under this rule, the propriety of the

INTERIM REMEDIES AFTER FILING

It would depend: 10.02. Amendments as a matter of right;

a) Plaintiff as to his complaint, Under this mode of amendment,

Such motion is NOT a responsive Substantial amendment

GR: Allowed However, the tender must be made in

MATTER OF WITH LEAVE Defendant: Ayaw ko nga!

a) By leaving copies of the summons at

Personal service or in person on defendant Q: When is substituted service available?

In case of failure to render personal

(NOTE: For Brondial babies, read c) That venue is improperly laid;

14.05. Issuance of alias summons; e) That there is another action pending

1. Motion to Dismiss j) That a condition precedent for filing

In practice, it is advisable to avail of a Effect of filing answer

Answer including affirmative defense of Grounds

35.01. Summary judgment for claimant;

Pre-trial order Pleading filed in case of opposition or

As an exception, matters can be He may use the following remedies:

Q: Consider that no demurrer to evidence Example of examination during trial with

Q: When is compromise allowed?

As a general rule, compromise is

Q: Considering that procedural law

Its purpose is to determine the rights,

Basic principles 7.01. Caption;

v. Civil Case No. _

PARTS OF A PLEADING 1. Name of the court

7.02. The body; a) Designation;

No, as it states claims or defences, As a general rule, no, as it is required

Basis for grant of general prayers Q: Which kind of pleadings must be

ALL pleadings must be dated It is procedurally defective, as what is

1. Registered mail; date of mailing; Examples of when verification required

No, that it was mailed on Thursday,

a) That he has not theretofore It is a ground for:

Indirect contempt Checklist

Effect of non-compliance with the 1. FR:

Collection for sum of money

Mr. B, Simpler and

whole obligation demandable; After citing

WHEREFORE, premises considered, plaintiff respectfully prays that:

For the place, (Date), Makati for Manila

I, Mr. X, of legal age, single, residing at Manila, respectfully states that:

1. I have read the pleading;