Professional Documents
Culture Documents
LMTs 4. Procedure and Professional Ethics
LMTs 4. Procedure and Professional Ethics
LMTs 4. Procedure and Professional Ethics
PROCEDURE AND
PROFESSIONAL ETHICS
LAST MINUTE TIPS
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Q1: Over which cases do Regional Trial Q2: Over which cases do Municipal,
Courts exercise original jurisdiction over? Metropolitan and Municipal Circuit Trial
A1: Courts exercise exclusive original
1. All civil actions in which the subject of the jurisdiction over?
litigation is incapable of pecuniary A2: Municipal, Metropolitan and Municipal
estimation [Sec. 19(1), B.P. 129, as Circuit Trial Courts exercise exclusive original
amended by R.A. 7691] jurisdiction over cases:
2. Civil actions involving title to, or possession 1. Where the value of personal property,
of real property, or any interest therein, estate, or amount of demand does not
where assessed value exceeds P400,000 exceed P2,000,000, exclusive of interest,
[Sec. 19(2), B.P. 129, as amended by R.A. damages of whatever kind, attorney’s fees,
11576] litigation expenses, and costs, in the
3. Any action if the amount involved exceeds following cases:
P2,000,000 in the following cases [B.P. a. Civil actions,
129, as amended by R.A. 11576]: b. Probate proceedings, (testate or
a. Actions in admiralty and maritime intestate)
jurisdiction, where the amount refers to c. Provisional remedies in proper cases.
demand or claim [Sec. 19(3)] [Sec. 33(1), B.P. 129, as amended by
b. Matters of probate (testate or R.A. 7691 and RA 11576]
intestate), where the amount refers to 2. Forcible entry and unlawful detainer
gross value of estate [Sec. 19(4)] (FEUD)
c. In all other cases where the amount
refers to the demand, exclusive of Note: When a defendant raises questions
interest, damages of whatever kind, of ownership in his pleadings and the
attorney’s fees, litigation expenses, question of possession cannot be resolved
and costs [Sec. 19(8)] without deciding issue of ownership, the
4. All actions involving the contract of latter issue shall be resolved only to
marriage and family relations [Sec. 19(5), determine the former issue [Sec. 33(2),
B.P. 129, as amended by R.A. 7691], and B.P. 129, as amended by R.A. 7691]
all civil actions and special proceedings
falling within exclusive original jurisdiction 3. All civil actions involving title to, or
of Juvenile and Domestic Relations Court possession of, real property, or any interest
[Sec. 19(7), B.P. 129, as amended by R.A. therein where assessed value of property
7691] or interest therein does not exceed
P20,000 outside Metro Manila, or does not
Note: This jurisdiction is deemed modified exceed P50,000 in Metro Manila [Sec.
by Sec. 5, R.A. 8369, the law establishing 33(3), B.P. 129, as amended by R.A. 7691]
the Family Courts. However, in areas 4. Inclusion and exclusion of voters [Sec. 49,
where there are no Family Courts, the Omnibus Election Code]
cases within their jurisdiction shall be
adjudicated by the RTC [Sec. 17, R.A. Q3: What is the totality rule in computing
8369] the jurisdiction of courts?
A3: Where there are several claims or causes
5. All civil actions and special proceedings of actions between the same or different
falling within exclusive original jurisdiction parties, embodied in the same complaint, the
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amount of the demand shall be the totality of It is when the order of the court to implead an
the claims in all the causes of action, indispensable party goes unheeded that the
irrespective of whether the causes of action case may be dismissed. The court has
arose out of the same or different transactions authority to dismiss a complaint due to the fault
[Sec 33(1), B.P. Blg 129] of the plaintiff when he does not comply with
any order of the court [Plasabas v. CA, G.R.
Restated, if several claims or causes of action No. 166519 (2009)]
are embodied in the same complaint, the
amount of all the demands shall be the basis in Q7: What must every pleading contain?
computation of the amount involved, if A7: Every pleading stating a party's claims or
1. Claims are in the same complaint defenses shall, in addition to those mandated
2. Claims are against the same defendant by Section 2, Rule 7, state the following:
3. There is no misjoinder of parties [1 Riano 1. Names of witnesses who will be presented
104, 2016 Bantam Ed.] to prove a party's claim or defense;
2. Summary of the witnesses' intended
Q4: Prohibited Pleadings in Small Claims testimonies, provided that the judicial
and Summary Procedure affidavits of said witnesses shall be
A4: attached to the pleading and form an
1. Motion to dismiss the complaint except on integral part thereof, and
the ground of lack of jurisdiction;
2. Motion for a bill of particulars; GR: Only witnesses whose judicial
3. Motion for new trial, or for reconsideration affidavits are attached to the pleading shall
of a judgment, or for reopening of trial; be presented by the parties during trial.
4. Petition for relief from judgment;
5. Motion for extension of time to file XPN: If a party presents meritorious
pleadings, affidavits, or any other paper; reasons as basis for the admission of
6. Memoranda; additional witnesses
7. Petition for certiorari, mandamus, or
prohibition against any interlocutory order 3. Documentary and object evidence in
issued by the court; support of the allegations contained in the
8. Motion to declare the defendant in default; pleading. [Sec. 6, Rule 7]
9. Dilatory motions for postponement;
10. Reply; Q8: What are the elements of forum
11. Third-party complaints; and shopping?
12. Interventions. A8: The elements of forum shopping are:
1. Identity of parties, or at least such parties
Q5: What is an indispensable party? representing the same interests in both
A5: An indispensable party is a party in interest actions;
without whom no final determination of an 2. Identity of rights asserted and reliefs
action can be had. prayed for, the relief being founded on the
same facts; and
Q6: Is the non-impleading of an 3. The identity of two preceding particulars,
indispensable party a ground for dismissal such that any judgment rendered in the
of action? other action will, regardless of which party
A6: No. Failure to implead an indispensable is successful amount to res judicata in the
party is not a ground for dismissal of an action, action under consideration [Buan v. Lopez,
as the remedy in such a case is to implead the G.R. No. 75349 (1986)]
party claimed to be indispensable, considering
that the parties may be added by order of the Q9: What is the period to invoke the rule on
court, on motion of the party or on its own forum shopping?
initiative at any stage of the action. [Galido v. A9: GR: It should be raised at the earliest
Magrare, G.R. No. 206584 (2016)] opportunity.
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XPN: It may be invoked in later stages only if 3. A party may only avail of 1 motion for
the violation arises from or will result in: extension The court may still allow, in its
1. The loss of jurisdiction over the subject discretion, any other pleading to be filed
matter; after the time fixed by the Rules. [Sec. 11,
2. The pendency of another action between Rule 11]
the same parties for the same cause;
3. Barring of the action by a prior judgment; or Q12: What is to be alleged in the pleadings?
4. The Statute of Limitations has been A12: Every pleading shall contain in a
crossed [Young v. Keng Seng, G.R. No. methodical and logical form:
143464 (2003)] 1. A plain, concise and direct statement of the
ultimate facts,
Q10: Who signs a certificate of non-forum 2. The evidence on which the party pleading
shopping? relies for his or her claim or defense, as the
A10: The general rule is that the Plaintiff or case may be
Principal party signs the certificate of non- 3. If the cause of action or defense is based
forum shopping. This is because the plaintiff, on law, the pertinent provisions of the law
not the counsel, is in the best position to know and its applicability. [Sec. 1, Rule 8]
whether he or it has actually filed or caused the
filing of a petition. [Anderson v. Ho, G.R. No. Note: Prior to the Amended Rules, evidentiary
172590 (2013)] facts were supposed to be omitted from
pleadings, as these matters should be
However, if, for justifiable reasons, the party- presented during trial. However, the contents of
pleader is unable to sign, he must execute a pleadings are no longer limited to ultimate facts
Special Power of Attorney designating his since under Sec. 6, Rule 7, the witnesses,
counsel of record to sign on his behalf [Vda. de summaries of their testimonies, their judicial
Formoso v. PNB, G.R. No. 154704 (2011)] affidavits, and documentary and object
evidence should already be included in the
In cases of a juridical entity, the certification pleading. Likewise, Sec. 1 of Rule 8 also states
may be executed by a properly authorized that every pleading must contain the ultimate
person through due authorization by a board facts, including the evidence on which the party
resolution. [Cosco v. Kemper, 670 SCRA 343 pleading relies
(2012)] Note: Similar to the new requirement
under verification, the authorization of the Q13: What are the affirmative defenses?
affiant to act on behalf of the party, should be A13: The affirmative defenses include
attached to the pleading. 1. fraud,
2. statute of limitations, release,
Q11: Can a party move to extend the time 3. payment, illegality,
for filing pleadings? 4. statute of frauds,
A11: Generally, no. A motion for extension to 5. estoppel, former recovery,
file any pleading is prohibited and is considered 6. discharge in bankruptcy, and
a mere scrap of paper. [Sec. 11, Rule 11] A 7. any other matter by way of confession and
motion for extension of time to file pleadings, avoidance. [Par 1, Sec. 5 (b), Rule 6]
affidavits, or any other papers is a prohibited
motion and shall not be allowed. [Sec. 12 (e), Affirmative defenses may also include grounds
Rule 15] for the dismissal of a complaint, specifically:
1. That the court has no jurisdiction over the
However, there are exceptions to this rule. A subject matter
party may move to extend the time for filing 2. That there is another action pending
pleadings: between the same parties for the same
1. For meritorious reasons, cause (lis pendens), or
2. For a period not more than 30 calendar 3. That the action is barred by a prior
days, and judgment. [Par 2, Sec. 5 (b), Rule 6]
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Note: The foregoing three (3) grounds need not said case [Figueroa v. People, G.R. No.
be included in the answer due to the use of the 147406 (2008)]
word “may”. Also note that these grounds for
dismissal (in addition to statute of limitations) Even if Sec. 12(b), Rule 8 of the Amended
may still be raised at any time since they are Rules provides that the failure to raise an
not waivable. [Sec. 1, Rule 9 in relation to Sec. affirmative defense at the earliest opportunity
12 (a), Rule 15] constitutes a waiver thereof, the failure to raise
lack of jurisdiction over the subject matter as an
The following are also affirmative defenses: affirmative defense in the answer does not
1. Lack of jurisdiction over the person of the waive such defense. The retention of Sec. 1,
defendant, Rule 9 maintains the status of lack of
2. Improper venue, jurisdiction over the subject matter as a non-
3. Lack of legal capacity to sue of the plaintiff, waivable defense. As such, the proper action if
4. Failure to state a cause of action, and one failed to raise the court’s lack of jurisdiction
5. Failure to comply with a condition over the subject matter in the answer would be
precedent. [Sec 12(a), Rule 8] to file a motion to dismiss, which can be filed at
any point during the proceedings, subject to the
Note: The court must motu proprio resolve doctrine in Tijam.
these affirmative defenses within 30 calendar
days from the filing of the answer. [Sec. 12(c), Q15: When may the Court decline to issue
Rule 8] summons?
A15: Under Rule 14, Section 1, summons shall
Q14: Can lack of jurisdiction be raised for not be issued, and the case shall be dismissed
the first time on appeal? If so, are there any if the complaint on its face is dismissible under
exceptions to this rule? Sec. 1, Rule 9. Such provides for the non-
A14: The general rule is that lack of jurisdiction waivable grounds for dismissal of a complaint,
over the subject matter may be raised at any to wit:
stage of the proceedings, even for the first time 1. The court has no jurisdiction over the
on appeal. The reason for this is that subject matter
jurisdiction is conferred by law, and lack of it 2. Litis pendentia
affects the very authority of the court to take 3. Res judicata
cognizance of the action [Asiatrust 4. The action is barred by the statute of
Development Bank v. First Aikka Development, limitations.
Inc., G.R. No. 179558 (2011)]
Q16: How is summons served on domestic
However, in Tijam v. Sibonghanoy [G.R. No. private juridical entities?
L21450 (1968)], the Court espoused the A16: Service shall be made on the:
doctrine of estoppel by laches, which held that 1. President;
a party may be barred from questioning a 2. In-house counsel wherever they may be
court’s jurisdiction after invoking the court’s found,
authority in order to secure affirmative relief 3. General manager;
against its opponent, when laches would 4. Corporate secretary;
prevent the issue of lack of jurisdiction from 5. Managing partner; or
being raised for the first time on appeal by a 6. Treasurer;
litigant whose purpose is to annul everything 7. On their secretaries, in case of their
done in a trial in which it has actively absence or unavailability [Sec 12, Rule 14]
participated.
If such service cannot be made upon any of the
Note that Tijam v. Sibonghanoy must be foregoing persons, it shall be made upon the
construed as an exception to the general rule person who customarily receives the
and applied only in the most exceptional cases correspondence for the defendant at its
where the factual milieu is similar to that in the principal office.
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Q22: Differentiate a Written Interrogatory Q23: State the rule on requests for
under Rule 25 from a Written Interrogatory admission as a mode of discovery
in Deposition under Rule 23 A23: In order to avoid unnecessary
A22: inconvenience before trial, a party may request
the other to:
Written
1. Admit the genuineness of any material and
Interrogatory in
Written Interrogatory relevant document described in and
Deposition
[Rule 25] exhibited with the request, or
[Rule 23, Sec.
2. Admit the truth of any material and relevant
25-28]
matter of fact set forth in the request. [Sec.
A mode of discovery A mode of 1, Rule 26]
distinct from deposition deposition
A party may file and serve upon any other party
Purpose is: Purpose is to take a written request for the purpose mentioned
1. To elicit material the testimony of a above, at any time after issues have been
and relevant facts party out of court joined. [Sec. 1, Rule 26] Issues are joined when
from any adverse through written all the parties have pleaded their respective
parties [Sec 1, Rule interrogatories theories and the terms of the dispute are plain
25] before the court. [Rosete v. Sps. Lim, G.R. No.
2. To assist the parties 136051 (2006)]
in clarifying the
issues and in Q24: Can the admissions made by a party
ascertaining the be used for proceedings aside from the
facts involved in a pending action?
case. [Philippine A24: No. Any admission made by a party
Health Insurance pursuant to such request is for the purpose of
Corp vs Our Lady of the pending action only and shall not constitute
Lourdes Hospital, an admission by him for any other purpose nor
G.R. No. 193158 may the same be used against him in any other
(2015)] proceeding [Sec. 3, Rule 26]
Interrogatories may relate to any matter, not Q25: What is the effect of granting demurrer
privileged, which is relevant to the subject of to evidence?
the pending action, whether relating to the A25: If the demurrer is granted, the case shall
claim or defendant of any other party, be dismissed. However, if, on appeal, the order
including the existence, description, nature, granting the motion is reversed, the defendant
custody, condition, and location of any loses his right to present evidence [Sec. 1, Rule
books, documents, or other tangible things 33, Rules of Court; Republic v. Tuvera, 516
and the identity and location of persons SCRA 113, 136]
having knowledge of relevant facts. [Rule 23,
Sec. 4] Q26: What is the difference between
demurrer in a civil case and demurrer in a
Written interrogatories Written criminal case?
are served directly to interrogatories in A26:
the adverse party deposition are not
Demurrer in Civil Demurrer in
served upon the
Case Criminal Case
adverse party
directly. They are Leave of court is not A demurrer is filed
instead delivered required before filing with or without leave
to the officer a demurrer. of court [Sec. 23,
designated in the Rule 119].
notice
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10 years from the finality of judgment. [Art. 12. The right to receive legal support, or money
1144(3), CC]. The 10-year prescriptive period or property obtained as such support, or
commences to run from the date of finality of any pension or gratuity from the
the revived judgment and not the original Government;
judgment. [PNB v. Bondoc, G.R. No. L-20236 13. Properties specially exempted by law.
(1965)] [Sec. 13, Rule 39]
Q35: What are the properties exempt from Note: No article or species of property
execution? mentioned in this section shall be exempt from
A35: The properties exempt from execution execution issued upon a judgment recovered
are: for its price or upon a judgment of foreclosure
1. The judgment obligor's family home as of a mortgage thereon.
provided by law, or the homestead in which
he resides, and land necessarily used in Q36: What are the remedies of a third
connection therewith; person claimant over property subject to
2. Ordinary tools and implements personally execution?
used by him in his trade, employment, or A36: A party claiming any property that has
livelihood; been levied upon has the following remedies:
3. Three horses, or three cows, or three 1. Summary hearing before the court which
carabaos, or other beasts of burden, such authorized the execution
as the judgment obligor may select 2. “Terceria” or third-party claim filed with the
necessarily used by him in his ordinary sheriff [Sec. 16, Rule 39]
occupation; 3. Action for damages on the bond posted by
4. His necessary clothing and articles for the judgment creditor
ordinary personal use, excluding jewelry; 4. Independent reinvindicatory action
5. Household furniture and utensils
necessary for housekeeping, and used for These are cumulative remedies and may be
that purpose by the judgment obligor and resorted to by a third-party claimant
his family, such as the judgment obligor independently of or separately from and
may select, of a value not exceeding one without need of availing of the others. [Sy v.
hundred thousand pesos; Discaya, G.R. No. 86301 (1990)]
6. Provisions for individual or family use
sufficient for four months; Q37: What are the requisites for a claim by
7. The professional libraries and equipment of a third person?
judges, lawyers, physicians, pharmacists, A37: The requisites are:
dentists, engineers, surveyors, clergymen, 1. The property is levied;
teachers, and other professionals, not 2. The claimant is a person other than the
exceeding three hundred thousand pesos judgment obligor or his agent;
in value; 3. The claimant makes an affidavit of his title
8. One fishing boat and accessories not thereto or right to the possession thereof
exceeding the total value of one hundred stating the grounds of such right or title;
thousand pesos owned by a fisherman and and
by the lawful use of which he earns his 4. The claimant serves the same upon the
livelihood; officer making the levy and the judgment
9. So much of the salaries, wages, or oblige [Sec. 16, Rule 39]
earnings of the judgment obligor for his
personal services within the four months Q38: What is the effect of a third-party
preceding the levy as are necessary for the claim?
support of his family; A38: The officer shall not be bound to keep the
10. Lettered gravestones; property, unless such judgment obligee, on
11. Monies, benefits, privileges, or annuities demand of the officer, files a bond approved by
accruing or in any manner growing out of the court to indemnify the third-party claimant
any life insurance;
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in a sum not less than the value of the property under which it is sitting or fraud in procuring
levied on [Sec. 16, Rule 39] the judgment. [Philippine Aluminum v.
Fasgi Enterprises, G.R. No. 137378
Q39: What are the dual aspects of res (2000)]
judicata?
A39: The dual aspects of res judicata are: Before our courts can give the effect of res
1. Judgment on the merits in the first case judicata to a foreign judgment, it must be
constitutes an absolute bar to the shown that the parties opposed to the judgment
subsequent action not only as to every had been given ample opportunity to do so on
matter which was offered and received to grounds under Section 48 of Rule 39 of the
sustain or defeat the claim or demand, but ROC. [Roehr v. Rodriguez, G.R. No. 142480
also to any other admissible matter which (2003)]
might have been offered for that purpose
and to all matters that could have been Q42: What matters may be the subject of
adjudged in that case. This is called ‘bar by appeal?
prior judgment’. [Sec 47(b) Rule 39] A42: An appeal may be taken from a judgment
2. The second action is upon a different claim or final order that completely disposes of the
or demand, the judgment in the first case case, or of a particular matter therein when
operates as an estoppel only with regard to declared by the ROC to be appealable [Sec. 1,
those issues directly controverted, upon Rule 41]
the determination of which the judgment
was rendered. This is called Note: Not every judgment or final order is
‘conclusiveness of judgment’ [Sec 47(c) appealable. An example of judgments or final
Rule 39] orders which do not completely dispose of a
case and are, hence, not appealable are
Q40: What are the requisites of res judicata several and separate judgments provided for
by bar by prior judgment? under Secs. 4 and 5 of Rule 36.
A40: The requisites of res judicata are:
1. A final judgment or order; Q43: What matters are not appealable?
2. Jurisdiction over the subject matter and the A43: The following matters are not appealable:
parties by the court rendering it; 1. An order denying a petition for relief or any
3. Judgment on the merits; similar motion seeking relief from
4. Between the two cases, there is: judgment;
a. Identity of parties 2. An interlocutory order;
b. Identity of subject matter; 3. An order disallowing or dismissing an
c. Identity of causes of action [Villarino v. appeal;
Avila, G.R. No. 131191 (2006)] 4. An order denying a motion to set aside a
judgment by consent, confession or
Q41: What must first be done before the compromise on the ground of fraud,
Courts can give effect to a foreign mistake or duress, or any other ground
judgment? vitiating consent;
A41: A valid judgment rendered by a foreign 5. An order of execution;
tribunal may be recognized insofar as the 6. A judgment or final order for or against one
immediate parties the underlying cause of or more of several parties or in separate
action are concerned so long as it is claims, counterclaims, cross-claims and
convincingly shown that: third-party complaints, while the main case
1. There has been an opportunity for a fair is pending, unless the court allows an
hearing before a court of competent appeal therefrom; and
jurisdiction, 7. An order dismissing an action without
2. Trial upon registered proceedings has prejudice. [Sec. 1, Rule 41, as amended by
been conducted, and A.M. No. 07- 7-12-SC]
3. There is nothing to indicate either a
prejudice in court and in the system of laws
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Q46: Compare and Contrast Rule 45 vs. Appeal is taken Petition is filed not
Rule 65 within 15 days from later than 60 days
A46: notice of judgment, from notice of
Rule 45 Rule 65 final order, or judgment, order, or
resolution, or of resolution sought to
As to designation denial of be assailed. Fresh
petitioner’s motion period rule is
Petition for review on Petition for certiorari for new trial or applicable (Sec. 4)
certiorari reconsideration
Issues involved are Issues of jurisdiction; Lower court or judge Tribunal, board, or
purely questions of i.e. whether the lower which rendered the officer has to be
law court acted without final order appealed impleaded as
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prevent is being found or taken by the attachment writ by simply availing himself of
applicant or an officer one way of discharging the attachment writ,
4. In an action against a party who has been instead of the other. The filing of a counter-
guilty of a fraud in contracting the debt or bond is merely a speedier way of discharging
incurring the obligation upon which the the attachment writ instead of the other way
action is brought, or in concealing or [Torres v. Satsatin, G.R. No. 166759 (2009)]
disposing of the property for the taking,
detention or conversion of which the action Q55: What is the effect of dissolution of
is brought; preliminary attachment on plaintiff’s
5. In an action against a party who has attachment bond?
removed or disposed of his property, or is A55: Dissolution of preliminary attachment
about to do so, with intent to defraud his upon security given, or a showing if its irregular
creditors; and issuance, does not operate to discharge the
6. In an action against a party who resides out sureties on the attachment bond [Davao Light
of the Philippines, or on whom summons and Power Co. v. CA, G.R. No. 93262 (1991)]
may be served by publication.
The bond is conditioned that the applicant will
Q53: What are the stages of attachment? pay all the costs which may be adjudged to the
A53: The Court laid out the procedure as adverse party and all damages which he may
follows in the case of Torres v. Satsatin [G.R. sustain by reason of the attachment, if the court
No. 166759 (2009)] shall finally adjudge that applicant was not
1. Court issues order granting application entitled thereto. [Sec. 4, Rule 57]
2. The writ of attachment issues pursuant to
the order Until that determination is made, as to
3. Implementation of the writ applicant’s entitlement to attachment, his bond
must stand and cannot be withdrawn.
For the first two stages, jurisdiction over the [Mindanao Savings & Loan Association Inc v.
defendant is not required. It is only required CA, G.R. No. 84481 (1989)]
during implementation of the writ. Such
jurisdiction may be acquired by service of Q56: What must an applicant for a writ of
summons, together with a copy of the preliminary injunction establish?
complaint, the application of attachment, the A56: The applicant must establish:
applicant’s affidavit and bond, and the order 1. The existence of a clear and unmistakable
and writ of attachment on the defendant within right that must be protected; that is, right in
the Philippines, prior to or contemporaneous esse
with the order for implementation. [Sec. 5, Rule 2. This right in esse is directly threatened by
57] an act sought to be enjoined
3. A material and substantial invasion of such
Q54: What are the means to discharge an right; and
attachment? 4. An urgent and paramount necessity for the
A54: There are two ways of discharging the writ to prevent serious damage. [Dulnuan
attachment. v. Metrobank, G.R. No. 196864 (2015)]
1. First, to file a counter-bond in accordance
with Section 12 of Rule 57. Q57: What kind of right must the applicant
2. Second, to quash the attachment on the have?
ground that it was irregularly or A57: The applicant's right must be clear or
improvidently issued, as provided for in unmistakable, that is, that the right is actual,
Section 13 of the same rule. clear and positive especially calling for judicial
protection. An injunction will not issue to protect
Whether the attachment was discharged by a right not in esse and which may never arise
either of the two ways indicated in the law, the or to restrain an act which does not give rise to
attachment debtor cannot be deemed to have a cause of action. [Marquez v. Sanchez, G.R.
waived any defect in the issuance of the No. 141849 (2007)]
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Q58: In what situations is an injunction not Q61: What is the proper remedy when a writ
allowed? of replevin is improperly implemented?
A58: Injunction is not allowed in the following A61: The proper remedy to an improperly
instances: implemented writ of replevin is to file a motion
1. Under RA 8975 (An Act to Ensure the to quash. [Siy v. Tomlin, G.R. No. 205998
Expeditious Implementation and (2017)]
Completion of Government Infrastructure
Projects); However, the failure of a party to file a motion
2. Under the Rule of Procedure in to quash does not prevent a party from
Environmental Cases, no court can issue a assailing the improper service via a petition for
TRO or a preliminary injunction against certiorari. The trial court is deemed to have
lawful actions of government agencies that acted without or in excess of its jurisdiction if
enforce environmental laws. [Sec. 10, Rule improperly served. It must restore the parties to
2, Part II, AM No. 09-6-8-SC] their former positions by returning the seized
3. No TRO or injunction in any case involving property and by discharging the replevin bond.
or growing out of a labor dispute shall be [Rivera v. Vargas, G.R. No. 165895 (2009)]
issued by any court except as otherwise
provided in Arts. 218 and 264 of the Labor Q62: What are the requisites for the
Code. It is the NLRC which may grant issuance of a writ of replevin?
injunctive relief. [Ravago v. Esso, 453 A62: For a writ of replevin to issue, the
SCRA 381 (2005)] requisites are:
4. No court shall have the authority to grant 1. The application for the writ must be filed at
injunction to restrain the collection of any the commencement of the action or at any
national internal revenue tax except when time before the defendant answers [Sec. 1,
special circumstances warrant. [Sarasola Rule 60]
v. Trinidad, 40 Phil. 252 (1919)] 2. The application must contain an affidavit
5. An injunction cannot be issued against where the applicant particularly describes
consummated acts. The established the property that he is the owner of the
principle is that when the events sought to property or that he is entitled to the
be prevented have already happened, possession thereof;
nothing more could be enjoined. [Ramos
Sr. v. CA, 173 SCRA 550 (1989)] The affidavit must contain the following:
1. That the applicant is the owner of the
Q59: What is the writ of replevin? property claimed, particular description of
A59: Replevin is the provisional remedy such entitlement to possession particularly
seeking for the possession of the property prior describing it, or is entitled to the possession
to the determination of the main action for thereof;
replevin. [BA Finance Corp. v. CA, G.R. No. 2. That the property is wrongfully detained by
102998 (1996)] the adverse party, alleging the cause of
detention according to applicant’s
Q60: What issues are determined by a writ knowledge, information and belief;
of replevin? 3. That the property has not been distrained
A60: Primarily, the action of replevin or taken for tax assessment or fine, or
determines nothing more than the right of seized by writ of execution, preliminary
possession. However, by way of exception, attachment, or placed in custodia legis, or
when the title to the property is distinctly put in if so seized, that is exempt or should be
issue by the defendant's plea, the question of released from custody;
ownership may be resolved in the same 4. Actual market value of the property [Sec. 2,
proceeding. [Chiao Liong v. CA, G.R. No. Rule 60]
106251 (1993)]
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Q63: What are the requisites of a petition for validity of a public officer’s appointment
certiorari under Rule 65? while the latter indicts him for so-called
A63: A petition for certiorari under Rule 65 can impeachable offenses without questioning
only be filed if the following requisites are his title to the office he holds [Republic v.
present: Sereno, G.R. No. 237428 (2018)]
1. Respondent is exercising judicial or quasi-
judicial function; 2. A public officer who does or suffers an
2. Respondent acted without or in excess of act, which, by the provision of law,
its jurisdiction or acted with grave abuse of constitutes a ground for forfeiture of office;
discretion amounting to lack of jurisdiction; or
and 3. An association which acts as a
3. There must be no appeal or no other plain, corporation within the Philippines without
speedy, and adequate remedy. [Sec. 1, being legally incorporated or without lawful
Rule 65; Barbers v. COMELEC, G.R. No. authority so to act. [Sec. 1, Rule 66]
165691 (2005)]
Q66: When are quo warranto petitions
Q64: When can certiorari be granted even if improper?
appeal is available? A66: When not proper
A64: The general rule is that where an appeal 1. Against persons who usurp an office in a
is available, certiorari will not lie [Jose v. private corporation [Calleja v. Panday, G.R.
Zulueta, G.R. No. L-16598 (1961)] No. 168696 (2006)]
2. If the dispute is as to the counting of votes
The exceptions are: or on matters connected with the conduct
1. Where appeal does not constitute a speedy of the election, a quo warranto is not the
and adequate remedy; proper remedy but an election protest.
2. Where orders were also issued either in [Cesar v. Garrido, G.R. No. 30705 (1929)]
excess of or without jurisdiction; 3. Acts or omissions, even if it relates to the
3. For certain special considerations, as qualification of integrity, being a continuing
public welfare or public policy; requirement but nonetheless committed
4. Where, in criminal actions, the court rejects during the incumbency of a validly
the rebuttal evidence for the prosecution appointed and/or validly elected official,
as, in the case of acquittal, there could be cannot be the subject of a quo warranto
no remedy; proceeding. [Republic v. Sereno, G.R. No.
5. Where the order is a patent nullity; and 237428 (2018)]
6. Where the decision in the certiorari case
will avoid future litigations. [Villarica Q67: What are the rules on jurisdiction over
Pawnshop v. Gernale, G.R. No. 163344 quo warranto petitions?
(2009)] A67: The jurisdiction over courts in quo
warranto petitions is as follows:
Q65: Against whom may a quo warranto 1. Original jurisdiction to issue the writ of quo
petition be brought? warranto is vested in the SC, CA, and RTC.
A65: A quo warranto petition may be brought [Sec. 5(1), Art. VIII, Constitution; Secs. 9
against: and 21, B.P. 129]
1. A person who usurps, intrudes into, or 2. Quo warranto actions against corporations
unlawfully holds or exercises a public with regard to franchises and rights granted
office, position, or franchise to them, as well as the dissolution of
corporations now fall under the jurisdiction
Note: Sec. 2, Article XI of the Constitution of the RTC. [Sec. 5.2, RA No. 8799 in
allows the institution of a quo warranto relation to P.D. 902-A; Unilongo v. CA,
action against an impeachable officer. After G.R. No. 123910 (1999)]
all, a quo warranto petition is predicated on 3. The usurpation of an office in a private
grounds distinct from those of corporation falls under the jurisdiction of
impeachment. The former questions the the RTC [Sec. 5.2, R.A. 8799 in relation to
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P.D. 902-A; Calleja v. Panday, G.R. No. condemnation declaring that the plaintiff
168696 (2006)] has a lawful right to take the property
sought to be condemned, for the public use
Q68: May a quo warranto petition be or purpose described in the complaint,
brought to the Supreme Court in all cases? upon the payment of just compensation to
A68: No. In cases where the Supreme Court be determined as of the date of the filing of
and the Regional Trial Court have concurrent the complaint.
jurisdiction, the same will not be entertained by 2. The second stage, which deals with the
the Supreme Court unless a justified showing payment of just compensation. This stage
is made as to why the petition is filed therein involves the determination by the Court of
instead of the Regional Trial Court (see Piit vs. "the just compensation for the property
De Lara, et al., 58 Phil. 765) Absent sufficient sought to be taken” with the assistance of
reasons, the action will be left for determination not more than three (3) commissioners.
by the Regional Trial Court which is better
equipped to take testimony and resolve factual Q72: What does the just compensation
questions involved therein [see Veraguth vs. stage involve?
Isabela Sugar Co., 57 Phil. 266]. A72:
1. This stage involves the determination by
Q69: What are the requisites of a valid the Court of "the just compensation for the
exercise of eminent domain? property sought to be taken” with the
A69: The requisites are: assistance of not more than three (3)
1. The property taken must be private commissioners.
property; 2. The order fixing the just compensation on
2. TThere must be genuine necessity to take the basis of the evidence before, and
the private property; findings of, the commissioners would be
3. The taking must be for public use; final, too. It would finally dispose of the
4. There must be payment of just second stage of the suit, and leave nothing
compensation; and more to be done by the Court regarding the
5. The taking must comply with due process issue. [National Power Corporation v.
of law. [Manapat v. CA, G.R. No. 110478 Posada, G.R. No. 191945 (2015)]
(2007)]
Q73: Where does RA 10752, or the Right of
Q70: When does taking occur? Way Act, apply?
A70: There is taking when the expropriator A73: Republic Act 10752, also known as “The
enters private property not only for a Right of Way Act” ensures that owners of real
momentary period but for a more permanent property acquired for national government
duration for the purpose of devoting the infrastructure projects are promptly paid just
property to a public use in such a manner as to compensation for the expeditious acquisition of
oust the owner and deprive him of all the the required right-of-way for the projects
beneficial enjoyment thereof. [Republic v.
Sarabia, G.R. No. 157847 (2005)] For non-government infrastructure projects If
expropriation is engaged in by the national
Q71: What are the two stages in every government for purposes other than national
action for expropriation? infrastructure projects, the assessed value
A71: The two stages in an expropriation suit standard and deposit mode prescribed in Rule
are: 67 continues to apply. In such a case, the
1. The stage dealing with the propriety of government is required only to make an initial
expropriation This stage involves the deposit with an authorized government
determination of the authority of the plaintiff depository. [2 Riano 297-298, 2016 Bantam
to exercise the power of eminent domain Ed.]
and the propriety of its exercise in the
context of the facts involved in the suit. It
ends with an order of dismissal or order of
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Q74: How is just compensation determined Q76: What are the requisites for a valid
and paid under the Right of Way Act? foreclosure?
A74: Upon the filing of the complaint or at any A76:
time thereafter, and after due notice to the 1. A finding of the amount due the plaintiff
defendant, the implementing agency shall including interest, cost and other charges
immediately deposit to the court in favor of the approved by the court;
owner the amount equivalent to the sum of 2. Order to defendant to pay said amount
1. 100% of the value of the land based on the within a period of not less than 90 days nor
current relevant zonal valuation of the BIR more than 120 days from entry of
issued not more than 3 years prior to the judgment; and
filing of the expropriation complaint 3. If the defendant defaults, the court should
2. The replacement cost at current market order the sale at public auction of the
value of the improvements and structures mortgaged property [Sec. 2, Rule 68].
as determined by
a. The implementing agency Q77: What is the difference between the
b. A government financial institution with right of redemption and equity of
adequate experience in property redemption?
appraisal, and A77: Equity of redemption is the right of the
c. An independent property appraiser mortgagor to extinguish the collateral and
accredited by the BSP. retain ownership of it by paying the debt before
3. The current market value of crops and the foreclosure sale. The court may set the
trees located within the property as equity of redemption to be exercised within a
determined by a government financial period of not less than 90 days and not more
institution or an independent property than 120 days [Sec. 2, Rule 68]. Right of
appraiser to be selected as indicated in redemption is a statutory right. In order to claim
Sec. 5(a) it, there must be a specific law that
exceptionally allows it such as RA 8791, which
Upon compliance with the guidelines above grants the mortgage debtor of a bank a right to
mentioned, the court shall immediately issue to redeem the property within 1 year after the sale
the implementing agency an order to take of the collateral in a judicial foreclosure.
possession of the property and start the
implementation of the project. [Sec. 6, R.A. Q78: Compare and Contrast Forcible
10752] Entry/Unlawful Detainer
A78:
Q75: What are the kinds of foreclosure?
Forcible Entry Unlawful Detainer
A75: The two kinds of foreclosure are:
1. Judicial foreclosure, which is foreclosure in Who May File
a court done pursuant to Rule 68 of the
Rules of Court. 1. A person who has been deprived of the
2. Extrajudicial foreclosure, which is done possession of any land or building by
outside of court and follows the provisions force, intimidation, threat, strategy, or
of Act No. 3135, as amended by Act No. stealth
4118 2. A lessor, vendor, vendee, or other
person against whom the possession of
Extrajudicial foreclosure is the mode to be used any land or building is unlawfully
if there is a special power inserted in the real withheld after the expiration or
estate mortgage contract allowing an termination of the right to hold
extrajudicial foreclosure sale. Where there is possession, by virtue of any contract,
no such special power, the foreclosure shall be express or implied
done judicially following Rule 68. [2 Riano 313, 3. The legal representatives or assigns of
2016 Bantam Ed.] any lessor, vendor, vendee, or other
person
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METCs, MTCs, and MCTCs have exclusive Q: May bail be granted for humanitarian
original jurisdiction over cases of forcible reasons?
entry and unlawful detainer: provided, that A: Yes, the national commitment to uphold the
when, in such cases, the defendant raises fundamental human rights as well as value the
the question of ownership is his pleadings worth and dignity of every person has
and the question of possession cannot be authorized the grant of bail not only to those
resolved without deciding the issue of charged in criminal proceedings but also to
ownership, the issue of ownership shall be extraditees upon a clear and convincing
resolved only to determine the issue of showing:
possession. 1. that the detainee will not be a flight risk or
a danger to the community; and
2. that there exist special, humanitarian, and
compelling circumstances. [Enrile v.
CRIMINAL PROCEDURE Sandiganbayan, G.R. No. 213847 (2015)]
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2. That he has previously escaped from legal the validity of his arrest or the legality of the
confinement, evaded sentence, or violated warrant issued therefore, or from assailing the
the conditions of his bail without a valid regularity or questioning the absence of a
justification; preliminary investigation of the charge against
3. That he committed the offense while under him, provided that he raises them before
probation, parole, or conditional pardon; entering his plea. The court shall resolve the
4. That the circumstances of his case indicate matter as early as practicable but not later than
the probability of flight if released on bail; or the start of the trial of the case. [Sec. 26, Rule
5. That there is undue risk that he may 114]
commit another crime during the pendency
of the appeal. [Leviste v. Court of Appeals, B. Motion to Quash
G.R. No. 189122 (2010)]
Q: What are the grounds for a motion to
Q: In the absence of the above quash? Are they exclusive?
circumstances, will the court automatically A:
grant bail? 1. Facts charged do not constitute an offense;
A: No, a finding that none of the circumstances 2. Court trying the case has no jurisdiction
is present will not automatically result in the over the offense charged;
grant of bail. Such finding will simply authorize 3. Court trying the case has no jurisdiction
the court to use the less stringent sound over the person of the accused;
discretion approach. [Leviste v. Court of 4. officer who filed the information had no
Appeals, G.R. No. 189122 (2010)] authority to do so;
5. The information does not conform
Q: Is arraignment a requirement before any substantially to the prescribed form; (e.g. if
hearings on an application for bail? there is no certification);
A: No, the arraignment of an accused is not a 6. More than one offense is charged, except
prerequisite to the conduct of hearings on his when a single punishment for various
petition for bail. A person is allowed to petition offenses is prescribed by law;
for bail as soon as he is deprived of his liberty 7. Criminal action or liability has been
by virtue of his arrest or voluntary extinguished;
surrender. An accused need not wait for his 8. Averments which, if true, would constitute
arraignment before filing a petition for bail. a legal excuse or justification;
[Serapio v. Sandiganbayan, G.R. No. 148468 9. Accused has been previously convicted or
(2003)] acquitted of the offense charged, or the
case against him was dismissed or
Q: After denial of the first, is a second otherwise terminated without his express
application for bail barred by res judicata? consent.
A: No, because res judicata does not apply to
criminal proceedings. Expressly applicable in These are exclusive.
civil cases, res judicata settles with finality the
dispute between the parties or their Q: Can matters of defense be raised in a
successors-in-interest. As found in Rule 39 of motion to quash?
the Rules of Civil Procedure, it is a principle in A: No, matters of defense cannot be raised in
civil law and “has no bearing on criminal a motion to quash. Matters of defense may be
proceedings.” [People v. Escobar, G.R. No. raised only during the presentation of evidence.
214300 (2017)] [People v. Odtuhan, G.R. No. 191566 (2013)]
Q: Does an application for bail amount to a Q: What is the effect of failure to move to
waiver of objections? quash or to allege any grounds therefor?
A: No, bail is not a bar to objections on illegal A: Generally, the failure of the accused to
arrest, lack of or irregular preliminary assert any ground of a motion to quash before
investigation. An application for or admission to he pleads to the complaint or information shall
bail shall not bar the accused from challenging
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be deemed a waiver of any objections. This convicted of all those offenses charged and
rule does not apply to the following objections: proved during trial.
1. The facts charged do not constitute an
offense; Q: Is the order denying the motion to quash
2. Lack of jurisdiction over the offense appealable?
charged; A: Generally, it is interlocutory and not
3. Extinguishment of criminal action or appealable. Certiorari and prohibition are not
liability; and the correct remedies against an order denying
4. Double Jeopardy. [Sec. 9, Rule 117] a motion to quash. The defendant should
instead go to trial and raise the special defense
Q: Under the Revised Guidelines for he had invoked in his motion. If after trial on the
Continuous Trial of Criminal Cases, when is merits, an adverse decision is rendered, the
a motion to quash meritorious? remedy is to appeal in the manner authorized
A: Motions that allege plausible grounds by law [Bulaong v. CA, G.R. No. 78555 (1990)].
supported by relevant documents and/or However, this does not apply when:
competent evidence, except those that are 1. the act has ceased to be an offense;
already covered by the Revised Guidelines, are 2. when intervention by higher court is
meritorious motions, such as a motion to quash required for the orderly administration of
the information on the grounds that the facts justice or in the interest of both the accused
charged do not constitute an offense, lack of and the public;
jurisdiction, extinction of criminal action or 3. it is unfair and unjust to make the accused
liability, or double jeopardy under Sec. 3, par. go to trial;
(a), (b), (g), and (i), Rule 117. If the grounds 4. when the circumstances warrant that
mentioned are not present, it is a prohibited technicalities of procedure should be set
motion that will be denied outright before the aside; and
scheduled arraignment without need of 5. if the court denying the motion to quash
comment and/or opposition. acted without or in excess of jurisdiction or
with grave abuse of discretion.
Q: May a complaint or information be
amended if a motion to quash such Note: In Macapagal-Arroyo v. People, it was
complaint or information is based on an held that an interlocutory order (in this case, an
alleged defect of such? order denying a demurrer to evidence) may be
A: If the motion to quash is based on an alleged questioned via a Rule 65 petition for certiorari
defect in the complaint or information which if the order was attended by grave abuse of
can be cured by amendment, the court shall discretion.
order the amendment to be made. [Sec. 4, Rule
117] Q: What is the remedy of the accused if his
motion to quash is denied?
Q: What is the exception to the rule A: When the motion to quash is denied, the
prohibiting duplicity of offenses in a single accused should:
information? 1. plead;
A: Excepted from rule prohibiting duplicity of 2. go to trial without prejudice to the special
offenses in a single information are special defenses he invoked in the motion; and
complex crimes or those crimes that may be 3. appeal from the judgment of conviction, if
complexed under Art. 48 of the Revised Penal any, and interpose the denial of the motion
Code. as an error.
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are provisionally dismissed where there has d. said accused does not appear to be the
already been arraignment and the accused most guilty; and
consented to a provisional dismissal. e. said accused has not been at any time
convicted of any offense involving
Q: What are the requisites for a provisional moral turpitude. [Sec. 17, Rule 119]
dismissal?
A: E. Demurrer to Evidence
1. There must be express consent of the
accused; and Q: What is a demurrer to evidence?
2. There must be notice to the offended party. A: A demurrer to evidence is a motion to
dismiss due to the insufficiency of the evidence
Q: When does provisional dismissal presented by the prosecution to overturn the
become permanent? presumption of innocence in favor of the
A: The provisional dismissal of offenses accused. It can be done with leave of court and
punishable by imprisonment not exceeding six without leave of court.
(6) years or a fine of any amount, or both, shall
become permanent one (1) year after issuance Q: What is the effect of granting the
of the order without the case having been demurrer to evidence?
revived. With respect to offenses punishable by A: The court dismisses the action on the
imprisonment of more than six (6) years, their ground of insufficiency of evidence [Sec. 23,
provisional dismissal shall become permanent Rule 119] This amounts to acquittal and double
two (2) years after issuance of the order without jeopardy will attach. [People v.
the case having been revived. [People v. Sandiganbayan, G.R. No. 164577 (2010)]
Lacson, G.R. No. 149453 (2003)]
Q: Is the order granting the demurrer
D. Discharge as State Witness appealable?
A: No, but it may be reviewed via certiorari
Q: What are the conditions to discharge an under Rule 65 [People v. Sandiganbayan, G.R.
accused as state witness? No. 164577 (2010)]
A:
1. Two or more persons are jointly charged Q: What is the effect of the denial of the
with the commission of any offense; demurrer to evidence?
2. The motion to discharge is filed by the A: If filed with leave of court, the accused may
prosecution before it rests its case; still present evidence in his defense. If not filed
3. The prosecution is required to present with leave of court, the accused is deemed to
evidence and the sworn statement of each have waived his right to present evidence.
propose state witness at a hearing in [Sec. 23, Rule 119]
support of the discharge;
4. The accused gives his consent to be a Q: Is the order denying the demurrer
state witness; and appealable or reviewable via certiorari?
5. The trial court is satisfied that: A: No, it is not reviewable by appeal or by
a. there is absolute necessity for the certiorari before judgment [Sec. 23, Rule 119]
testimony of the accused (not merely
corroborative); F. Plea of Guilty
b. there is no other direct evidence
available for the proper prosecution of Q: What is required of the court when there
the offense committed, except the is a plea of guilty to a capital offense?
testimony of said accused; A: The three (3)-fold duty of the trial court in
c. the testimony of said accused can be instances where the accused pleads guilty to a
substantially corroborated in its capital offense is as follows:
material points;
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1. conduct a searching inquiry into the plead guilty to a capital offense. [People v.
voluntariness and full comprehension of Pagal, G.R. No. 241257 (2020)]
the consequences of the plea of guilt,
2. require the prosecution to prove the Q: What are the guidelines for the
accused's guilt and precise degree of ‘searching inquiry’ to be conducted?
culpability, and A:
3. inquire whether or not the accused wishes 1. Ascertain from the accused himself:
to present evidence in his behalf and allow a. how he was brought into the custody of
him to do so if he desires. [People v. Pagal, the law;
G.R. No. 241257 (2020)] b. whether he had the assistance of a
competent counsel during the custodial
Q: What is the essence of the ‘searching and preliminary investigations; and
inquiry’ requirement? c. under what conditions he was detained
A: The searching inquiry requirement means and interrogated during the
more than informing cursorily the accused that investigations.
he faces a jail term but also, the exact length of
imprisonment and the certainty that he will This is intended to rule out the possibility
serve time in jail. The searching inquiry of the that the accused has been coerced or
trial court must be focused on: placed under a state of duress either by
1. the voluntariness of the plea, and actual threats of physical harm coming
2. the full comprehension of the from malevolent quarters or simply
consequences of the plea. because of the judge's intimidating robes.
The inquiry must also expound on the events 2. Ask the defense counsel a series of
that actually took place during the arraignment, questions as to whether he had conferred
the words spoken and the warnings given, with with, and completely explained to, the
special attention to the age of the accused, his accused the meaning and consequences
educational attainment and socio-economic of a plea of guilty.
status as well as the manner of his arrest and 3. Elicit information about the personality
detention, the provision of counsel in his behalf profile of the accused, such as his age,
during the custodial and preliminary socio-economic status, and educational
investigations, and the opportunity of his background, which may serve as a
defense counsel to confer with him. These trustworthy index of his capacity to give a
matters are relevant since they serve as free and informed plea of guilty.
trustworthy indices of his capacity to give a free 4. Inform the accused the exact length of
and informed plea of guilt. Lastly, the trial court imprisonment or nature of the penalty
must explain the essential elements of the under the law and the certainty that he will
crime he was charged with and its respective serve such sentence. For not infrequently,
penalties and civil liabilities, and also direct a an accused pleads guilty in the hope of a
series of questions to defense counsel to lenient treatment or upon bad advice or
determine whether he has conferred with the because of promises of the authorities or
accused and has completely explained to him parties of a lighter penalty should he admit
the meaning of a plea of guilty. This formula is guilt or express remorse. It is the duty of the
mandatory and absent any showing that it was judge to ensure that the accused does not
followed, a searching inquiry cannot be said to labor under these mistaken impressions
have been undertaken. Simply, the because a plea of guilty carries with it not
requirement ensures that the plea of guilty was only the admission of authorship of the
voluntarily made and that the accused crime proper but also of the aggravating
comprehends the severe consequences of his circumstances attending it, that increase
plea. This means asking a myriad of questions punishment.
which would solicit any indication of coercion, 5. Inquire if the accused knows the crime with
misunderstanding, error, or fraud that may which he is charged and fully explain to him
have influenced the decision of the accused to the elements of the crime which is the basis
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3. Arrest of escaped prisoner [Sec. 5(c), Rule 1. An offense has just been
113]; and Committed. There must be a large
4. Other lawful warrantless arrests measure of immediacy between the time
specifically: the offense was committed and the time of
a. If a person lawfully arrested escapes or the arrest. [People v. del Rosario, G.R. No.
is rescued, any person may 127755 (1999); People v. Agojo , G.R. No.
immediately pursue or retake him 181318 (2009)]; and
without a warrant at any time and in any 2. The person making the arrest has probable
place within the Philippines [Sec. 13, cause to believe, based on Personal
Rule 113]; Knowledge of facts and circumstances,
b. For the purpose of surrendering the that the person to be arrested has
accused, the bondsmen may arrest committed it.
him or, upon written authority endorsed
on a certified copy of the undertaking, Q: What are the requisites for a warrantless
cause him to be arrested by a police arrest of an escaped prisoner?
officer or any other person of suitable A: A peace officer or a private person may
age and discretion [Sec. 23, Rule 114]; arrest when the person to be arrested is a
c. An accused released on bail may be re- prisoner who has escaped from a penal
arrested without the necessity of a establishment or place where he is serving final
warrant if he attempts to depart from judgment or temporarily confined while his
the Philippines without permission of case is pending; or while being transferred from
the court where the case is pending one confinement to another [Sec. 5(c), Rule
[Sec. 23, Rule 114] 113]
Q: What are the requisites for a warrantless Q: Is a person arrested or detained entitled
arrest under in flagrante delicto? to ask for preliminary investigation during
A: A peace officer or a private person may, inquest after a valid warrantless arrest?
arrest when, in his presence, the person to be A: Yes. When a person is lawfully arrested
arrested has committed or is actually without warrant involving an offense which
committing, or is attempting to commit an requires a preliminary investigation, where the
offense [Sec. 5(a), Rule 113]. These are the offense is at least 4 years, 2 months and 1 day,
requisites: the complaint or information may be filed by a
1. The person to be arrested executes an prosecutor without need of a preliminary
Overt Act indicating that he has just investigation provided an inquest has been
committed, is actually committing, or is conducted. In the absence or unavailability of
attempting to commit a crime, and an inquest prosecutor, the complaint may be
2. Such overt act is done in the Presence or filed by the offended party or a peace officer
within the View of the Arresting Officer, directly with the proper court on the basis of the
meaning the arresting officer sees the affidavit of the offended party or arresting
offense, even though at a distance, or officer or person. Before the complaint or
3. He hears the disturbances created by the information is filed by the prosecutor, the
offense and proceeds at once to the scene person arrested may ask for a preliminary
[People v. Evaristo, G.R. No. 93828 (1992)] investigation but he or she must sign a waiver
of the provision of Article 125 of the Revised
Q: What are the requisites for a warrantless Penal Code, in the presence of his counsel.
arrest under a hot pursuit? Article 125 provides penalties against the
A: A peace officer or a private person may public officer or employee who shall delay in
make an arrest when an offense has just been the delivery of detained persons to the proper
committed and the officer or private person has judicial authorities within the period of: 12
probable cause to believe, based on personal hours, 18 hours, or 36 hours, depending on the
knowledge of facts that the person to be gravity of the offense. Notwithstanding the
arrested has committed it [Sec. 5(b), Rule 113]. waiver, the person arrested may apply for bail
These are the requisites:
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and the investigation must be terminated within issue a commitment order (or warrant of
15 days from its inception. arrest) or dismiss the case outright for lack
of probable cause in accordance with
Q: Is a person arrested or detained entitled Section 5, Rule 112, Rules of Court.
to assistance of counsel? [People v. Lim, G.R. No. 231989 (2018)]
A: Yes, any person arrested, detained, or
under custodial investigation shall at all times I. Searches and Seizures
be assisted by counsel who is competent and
independent. Any public officer or employee, or Q: What is a search warrant?
anyone acting under his order or his place, who A: It is an order in writing; issued in the name
arrests, detains or investigates any person for of the People of the Philippines; signed by a
the commission of an offense shall inform the judge; and directed to a peace officer,
latter, in a language known to and understood commanding him to search for personal
by him, of his rights to remain silent and to have property described in the warrant and bring it
competent and independent counsel, before the court [Sec. 1, Rule 126]
preferably of his own choice, who shall at all
times be allowed to confer privately with the Q: What are the contents of a search
person arrested, detained or under custodial warrant?
investigation. If such person cannot afford the A: The search warrant must be in writing and
services of his own counsel, he must be contain:
provided with a competent and independent 1. Name of person against whom it is
counsel by the investigating officer. [Sec. 2(a) directed;
and (b), R.A. No. 7438] 2. Offense for which it was issued;
3. The place to be searched;
Q: What is required is an arrest or seizure 4. The description of the specific things to be
related to illegal drugs? seized;
A: The following should be enforced as a 5. A directive to law enforcement officers to
mandatory policy: search and seize and for them to bring in
1. In the sworn statements/affidavits, the court the things seized; and (6) Signature
apprehending/seizing officers must state of the judge issuing it. The absence of such
their compliance with the requirements of requisites will cause the search warrant’s
Section 21 (1) of RA 9165(Comprehensive downright nullification [Santos v. Pryce
Dangerous Drugs Act of 2002), and its Gases, Inc., G.R. No. 165122 (2007)]
Implementing Rules and Regulations
(IRR); Q: When is the description of the place to
2. In case of non-observance of the provision, be searched considered sufficiently
the apprehending/seizing officers must particular?
state the justification or explanation A: Description of the place to be searched is
therefor as well as the steps they have sufficient if the officer with the search warrant
taken in order to preserve the integrity and can, with reasonable efforts, ascertain and
evidentiary value of the seized/confiscated identify the place intended [People v. Veloso,
items; G.R. No. L-23051 (1925)]
3. If there is no justification or explanation
expressly declared in the sworn Q: What is the effect of a search warrant
statements/affidavits, the investigating containing both general and particular
fiscal must not immediately file the case descriptions of items to be seized?
before the court. Instead, he or she must A: The general description of the documents
refer the case for further preliminary listed in the search warrant does not render it
investigation in order to determine the void if it is severable, and those items not
(non) existence of probable cause; and particularly described may be cut off without
4. If the investigating fiscal filed the case destroying the whole [Uy v. BIR, G.R. No.
despite such absence, the court may 129651 (2000)]
exercise its discretion to either refuse to
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Q: What are the valid warrantless searches? reasonable or probable cause to believe,
A: before the search, that either:
1. Warrantless search incidental to a lawful 1. the motorist is a law-offender; or
arrest; 2. they will find the instrumentality or evidence
2. search of evidence in plain view; pertaining to a crime in the vehicle to be
3. search of a moving vehicle; searched [Caballes v. CA, G.R. No.
4. consented warrantless search; 136292 (2002)]
5. customs search;
6. stop and frisk; However, these searches would be limited to
7. exigent and emergency circumstances; visual inspection, and the vehicles or their
8. searches conducted in check points; occupants cannot be subjected to physical or
9. in flagrante delicto; body searches, except where there is probable
10. hot pursuit; and cause to believe that the occupant is a law
11. arrested escaped prisoner. offender or the contents of the vehicles are
instruments or proceeds of some criminal
Q: When is a search incidental to a lawful offense.
arrest allowed?
A: The rule assumes that the arrest is legal. If Q: What are the requirements of a plain view
the arrest is illegal, then the search is illegal search?
and as a result, the things seized are A:
inadmissible as evidence [People v. Aruta, 1. Police must have prior justification to a prior
G.R. No. 120195 (1998)] Even without a valid intrusion i.e., based on the valid
warrant, the person arrested may be searched warrantless arrest in which the police are
for: legally present in the pursuit of their official
1. Dangerous weapons; duties;
2. Anything which may have been used in the 2. Evidence was inadvertently discovered by
commission of an offense, or the police who have a right to be where
3. Anything which may constitute proof in the they are;
commission of the offense [Sec. 13, Rule 3. Evidence must be immediately and
126] apparently illegal (i.e., drug paraphernalia);
and
Q: What are the requirements of a 4. Plain view justified mere seizure of
consented search? evidence without further search [People v.
A: Martinez, G.R. No. 191366 (2010)]
1. The right exists;
2. The person involved had knowledge, either Q: When is a stop and frisk search
actual or constructive, of the existence of allowed?
such right; and A: Stop and frisk is a limited protective search
3. The said person had an actual intention to of outer clothing for weapons [Malacat v. CA,
relinquish the right. [People v. Nuevas, G.R. No. 123595 (1997)]. Where a police
G.R. No. 170233 (2007)] officer observes unusual conduct, which leads
him reasonably to conclude in the light of his
It is the State which has the burden of proving, experience that criminal activity may be afoot,
by clear and positive testimony, that the and that a person with whom he is dealing may
necessary consent was obtained and that it be armed and presently dangerous, he is
was freely and voluntarily given. entitled to conduct a stop and frisk search.
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seizure/confiscation to receipt in the forensic refer the case for further preliminary
laboratory to safekeeping to presentation in investigation in order to determine the
court for destruction. Such record of (non) existence of probable cause; and
movements and custody of seized items shall 4. If the investigating fiscal filed the case
include the identity and signature of the person despite such absence, the court may
who held temporary custody of the seized item, exercise its discretion to either refuse to
the date and time when such transfer of issue a commitment order (or warrant of
custody were made in the course of arrest) or dismiss the case outright for lack
safekeeping and use in court as evidence, and of probable cause in accordance with
the final disposition. [Sec. 1(b) of the Section 5, Rule 112, Rules of Court.
Dangerous Drugs Board Regulation No. 1 [People v. Lim, G.R. No. 231989 (2018)]
(2002)].
J. Promulgation of Judgment
Q: What links in the chain of custody must
be proven? Q: Is the presence of the accused required
A: The links in the chain of custody that must during promulgation of judgment?
be established are: A: Generally, yes. The presence of the
1. the seizure and marking, if practicable, of accused is mandatory. However, if the
the illegal drug recovered from the accused conviction is for a light offense, the judgment
by the apprehending officer; may be pronounced in the presence of his
2. the turnover of the seized illegal drug by the counsel or representative [Sec. 6, Rule 120]
apprehending officer to the investigating
officer; Q: What is the consequence of the
3. the turnover of the illegal drug by the accused’s absence?
investigating officer to the forensic chemist A: If the judgment is for conviction and the
for laboratory examination; and failure of the accused to appear was without
4. the turnover and submission of the illegal justifiable cause, he shall lose the remedies
drug from the forensic chemist to the court. available in the Rules of Court against the
[People v. Lim, G.R. No. 231989 (2018)] judgment and the court shall order his arrest.
However, within 15 days from promulgation of
Q: What is required is an arrest or seizure judgment, he may surrender and file a motion
related to illegal drugs? for leave of court to avail of these remedies. He
A: The following should be enforced as a shall state the reasons for his absence. If he
mandatory policy: proves his absence was for a justifiable cause,
1. In the sworn statements/affidavits, the he shall be allowed to avail of the remedies
apprehending/seizing officers must state within 15 days from notice [Sec. 6, Rule 120;
their compliance with the requirements of People v. De Grano, G.R. No. 167710 (2009)]
Section 21 (1) of RA 9165(Comprehensive
Dangerous Drugs Act of 2002), and its
Implementing Rules and Regulations K. Precautionary Hold Departure
(IRR); Order
2. In case of non-observance of the provision,
the apprehending/seizing officers must Q: What is a precautionary hold departure
state the justification or explanation order?
therefor as well as the steps they have A: It is an order in writing issued by a court
taken in order to preserve the integrity and commanding the Bureau of Immigration to
evidentiary value of the seized/confiscated prevent any attempt by a person suspected of
items; a crime to depart from the Philippines, which
3. If there is no justification or explanation shall be issued ex parte in cases involving
expressly declared in the sworn crimes where the minimum of the penalty
statements/affidavits, the investigating prescribed by law is at least 6 years and 1 day
fiscal must not immediately file the case or when the offender is a foreigner regardless
before the court. Instead, he or she must
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of the imposable penalty. [Sec. 1, A.M. No. 18- herself/himself from abuse, neglect,
07-05-SC] cruelty, exploitation or discrimination
because of a physical or mental disability
Q: What is the dissent of Justice Leonen or condition, the crime should be
regarding A.M. No. 18-07-05-SC? designated as "Lascivious Conduct under
A: Justice Leonen opines that the Rule is too Section 5(b) of R.A. No. 7610," and the
broad, as citizens will be surprised to discover imposable penalty is reclusion temporal in
that they have been subject to ex parte its medium period to reclusion perpetua.
proceedings when they want to travel. This
implicitly presumes guilt and denies due It is only when the victim of the lascivious
process to a person who has not yet been conduct is 18 years old and above that
subject to arrest, preliminary investigation, or such crime would be designated as "Acts
arraignment. The right to travel can only be of Lasciviousness under Article 336 of the
impaired in 2 instances: RPC" with the imposable penalty of prision
1. when Congress passes a statute correccional. [People v. Tulagan, G.R. No.
specifically restricting the right in the 227363 (2019)]
interest of national security, public safety,
or public health; and Q: What are the guidelines in designating or
2. upon an order of a court in a pending charging the proper offense in case rape is
criminal case. committed against a child, and in
determining the imposable penalty?
None of these instances is applicable to justify A: Sexual intercourse with a victim who is
the enactment of the Rule. Further, there is no under 12 years old or is demented is statutory
law allowing the issuance of a hold departure rape. Under Section 5(b) of R.A. No. 7610, the
order in a pending preliminary investigation. proper penalty when sexual intercourse is
The Rule amounts to judicial legislation. committed with a victim who is under 12 years
of age or is demented is reclusion perpetua,
L. Designation of Offense pursuant to paragraph 1(d), Article 266-A in
relation to Article 266-B of the RPC, as
Q: What are the guidelines in designating or amended by R.A. No. 8353, which in turn
charging the proper offense in case amended Article 335 of the RPC. [People v.
lascivious conduct is committed against a Tulagan, G.R. No. 227363 (2019)]
child, and in determining the imposable
penalty?
A: EVIDENCE
1. The age of the victim is taken into
consideration in designating or charging
the offense, and in determining the Q: Differences between Burden of Proof and
imposable penalty. Burden of Evidence
2. If the victim is under twelve (12) years of A:
age, the nomenclature of the crime should
Burden of
be "Acts of Lasciviousness under Article Burden of Proof
Evidence
336 of the Revised Penal Code in relation
to Section 5(b) of R.A. No. 7610." Pursuant As to definition
to the second proviso in Section 5(b) of
R.A. No. 7610, the imposable penalty is Duty of a party to Duty of a party to
reclusion temporal in its medium period. present evidence on present evidence
3. If the victim is exactly twelve (12) years of the facts in issue sufficient to establish
age, or more than twelve (12) but below necessary to or rebut a fact in
eighteen (18) years of age, or is eighteen establish his or her issue to establish a
(18) years old or older but is unable to fully claim or defense prima facie case
take care of herself/himself or protect
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to offer the statement and the particulars of it, to be licensed to engage in the practice of
including the name and address of the law;
declarant. [Rule 130, Sec. 49] 2. Privilege is invoked with respect to a
confidential communication between them
Q: Difference between Marital in the course of, or with the view of
Disqualification (Spousal Immunity) Rule professional employment; and
and Marital Privilege Rule 3. Client has not given his consent to the
A: disclosure of the communication [Rule 130,
Sec. 24(b); Disini v. Sandiganbayan, G.R.
Marital
Marital Privilege No. 180564, 22 June 2010]
Disqualification
The following are the requisites of such rule: Q: Who are the persons covered by the
1. Relationship of lawyer and client or when a Attorney-Client Privilege Rule?
person is reasonably believed by the client A: These are the covered persons of the rule:
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he or she did or did not do the same or similar Q: When is judicial notice mandatory?
thing at another time. [Sec. 35, Rule 130] A: A court shall take judicial notice, without the
introduction of evidence, of the existence and
Evidence is nor admissible when it shows, or territorial extent of states, their political history,
tends to show, that the accused in a criminal forms of government and symbols of
case has committed a crime independent from nationality, the law of nations, the admiralty and
the offense for which he is on trial. A man may maritime courts of the world and their seals, the
be a notorious criminal, and may have political constitution and history of the
committed many crimes, and still be innocent Philippines, official acts of the legislative,
of the crime charged on trial. [People v. Pineda, executive and judicial departments of the
G.R. No. 141644 (2004)] National Government of the Philippines, the
laws of nature, the measure of time, and the
Q: What are the exceptions to the rule on geographical divisions.
similar acts as evidence?
A: Such evidence may be received to prove the Note: While courts are required to take judicial
following: notice of the laws enacted by Congress, the
1. Specific intent rule with respect to local ordinances is different.
2. Knowledge Ordinances are not included in the
3. Identity enumeration of matters covered by mandatory
4. Plan judicial notice under Section 1, Rule 129 of the
5. System Rules of Court. [Social Justice Society v. Hon.
6. Scheme Atienza, Jr., G.R. No. 156052, February 13,
7. Custom 2008]
8. Habit
9. usage Q: When may extrajudicial confession of
10. The like [Sec. 35, Rule 130] guilt be considered a ground for
conviction?
Q: What is the rule on presumptions in civil A: As a general rule, an extrajudicial
cases? confession made by an accused, shall not be a
A: In all civil actions and proceedings not sufficient ground for conviction.
otherwise provided for by the law or these
Rules, a presumption imposes on the party Exception: When corroborated by evidence of
against whom it is directed the burden of going corpus delicti [Sec. 3, Rule 133]
forward with evidence to rebut or meet the
presumption. Corpus delicti refers to the substance of the
crime; the fact that a crime has actually been
If presumptions are inconsistent, the committed. [People v. De Leon, G.R. No.
presumption that is founded upon weightier 180762 (2009)]
considerations of policy shall apply.
Q: What is the rule on DNA evidence vis-a-
If considerations of policy are of equal weight, vis a person’s right against self-
neither presumption applies. [Sec. 5, Rule 131] incrimination?
A: Obtaining DNA samples from an accused in
Q: What is the rule on presumptions in a criminal case or from the respondent in a
criminal cases? paternity case, contrary to the belief of
A: If a presumed fact that establishes guilt is an respondent in this action, will not violate the
element of the offense charged, or negates a right against self-incrimination. [Herrera v.
defense, the existence of the basic fact must Alba, G.R. No. 148220 (2005)]
be proved beyond reasonable doubt and the
presumed fact follows from the basic fact
beyond reasonable doubt. [Sec. 6, Rule 131]
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Q: Distinguish writ of habeas corpus, writ of amparo, and writ of habeas data.
A:
Habeas corpus Amparo Habeas data
Involves the right to
1. All cases of illegal privacy in life, liberty
confinement and Involves right to life, or security violated or
detention by which liberty and security threatened by an
any person is violated or threatened unlawful act or
deprived of his with violation by an omission of a public
liberty unlawful act or omission official or employee, or
2. Deprivation of of a public official or of a private individual or
Nature, scope,
rightful custody of employee or a private entity engaged in the
function
any person including individual or entity gathering, collecting or
minors from the storing of data or
person entitled [Sec. Covers extralegal information regarding
1] killings and enforced the person, family,
disappearances or home and
Actual violation before threats thereof [Sec. 1] correspondence of the
writ issues. aggrieved party [Sec.
1]
May not be suspended
except in cases of Shall not diminish, Shall not diminish,
invasion or rebellion increase or modify increase or modify
Limitations
when public safety substantive rights [Sec. substantive rights [Sec.
requires it [Sec. 15, Art. 23] 23]
III, 1987 Const.]
Petition filed by the Any aggrieved party
aggrieved party or by any may file a petition.
qualified person or entity
in the following order: However, in cases of
1. Any member of the extralegal killings and
immediate family enforced
By a petition signed and
2. Any ascendant, disappearances, the
verified by the party for
descendant or petition may be filed by
whose relief it is
Who may file collateral relative of (also successive):
intended, or by some
the aggrieved within 1. Any member of the
person on his behalf
the 4th civil degree of immediate family of
[Sec. 3]
affinity or the aggrieved
consanguinity 2. Any ascendant,
3. Any concerned descendant or
citizen, organization, collateral relative of
association or the aggrieved party
institution within the fourth
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How executed on the day specified in Respondent files the Respondent files the
and returned the writ, unless person return [Sec. 9] return [Sec. 10]
directed to be produced
is sick or infirm, and
cannot, without danger,
be brought therein.
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A: Yes, a separate disbarment case may be impropriety which tends to influence or give
filed against him. Canon 6 of the CPR applies the appearance of influencing the court.
to government lawyers. A disbarment case is
sui generis and may be pursued independently Q: Atty. Ramon represented to De Jesus and
from any other action. Based on the facts, Aquino that she could secure the acquittal of
Ceniza is guilty gross immoral conduct as a Fajardo and even used the names of three
member of society. He should be disbarred. Associate Justices to accomplish her ill
[Amalia Ceniza v. Atty. Eliseo B. Ceniza, A.C. motives. She drafted a fake decision regarding
No. 8335, April 10, 2019, Per Curiam] the supposed acquittal of Fajardo. She placed
the names of three Associate Justices in the
B. The Lawyer and the Legal fake decision even though the criminal case of
Profession Fajardo was raffled in a different division and
assigned to a different Associate Justice as
● Canon 7 - A lawyer shall at all times uphold ponente. What liability, if any, did Atty. Ramos
the integrity and dignity of the legal incur?
profession and support the activities of the
integrated bar. A: By her acts, she eroded public confidence in
● Canon 9 - A lawyer shall not, directly or the judiciary. She is not fit to remain a member
indirectly, assist in the authorized practice of the bar. [Justices Fernanda Lampas-
of law. Peralta, Stephen Cruz and Ramon Paul
Hernando v. Atty. Marie Frances Ramon, A.C.
Q: Atty. Bancolo allowed his secretary to sign No. 12415, March 05, 2019]
the Complaint he filed for a client before the
Office of the Ombudsman. Can a lawyer Q: Atty. Cruz requested Mrs. Agaton, her client,
delegate to his secretary to sign a pleading on to procure a P2M Manager’s check as
his behalf? consignation in the pending case for the titling
of the family’s ancestral home. Agaton
A: No, Atty. Bancolo cannot delegate to his discovered that the consignation case was
secretary the signing of a pleading. The already dismissed and that Atty. Cruz instead
permissive right conferred on the lawyer is an applied the proceeds of the P2M check to settle
individual and limited privilege subject to another civil case for another client. What
withdrawal if he fails to maintain proper duties, if any, did Atty. Cruz violate?
standards of moral and professional conduct.
[Rodrigo Tapay v. Attys. Charlie Bancolo and A: Atty. Cruz clearly violated her Lawyer’s Oath
Janus Jarder, A.C. No. 9604, March 20, 2013, and the Canons of Professional Responsibility
Carpio, J.] through her dishonest, deceitful and fraudulent
conduct.” She defrauded the complainant by
C. The Lawyer and the Courts misappropriating her manager’s check as
settlement for the obligation of a client in
another civil case. She likewise deceived the
● Canon 10 - A lawyer owes candor,
RTC into believing that the complainant’s
fairness, and good faith to the court.
● Canon 11 - A lawyer shall observe and manager’s check was issued for a civil case, to
which she was not a party but another client
maintain the respect due to the courts and
to judicial officers and should insist on she represented.
similar conduct by others.
● Canon 12 - A lawyer shall exert every effort She should be disbarred and be ordered to
return to Mrs. Agaton the amount of P2 million
and consider it [their] duty to assist in the
plus 6% interest per annum [Gracita P.
speedy and efficient administration of
justice. Domingo-Agaton v. Atty. Nini D. Cruz, A.C. No.
11023. May 4, 2021 (Date Uploaded:
● Canon 13 - A lawyer shall rely upon the
8/05/2021)]
merits of [their] cause and refrain from any
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Inhibition under Rule 137 of the Rules of IV. Direct and indirect contempt
Court
“SECTION 1. Disqualification of judges. — No Sanctions for practice or appearance
judge or judicial officer shall sit in any case - in without authority
which he, or his wife or child, is pecuniarily 1. Lawyers without authority - Contempt of
interested as heir, legatee, creditor or Court under Rule 71
otherwise, or in which he is related to either 2. Persons not lawyers - Indirect contempt for
party within the sixth degree of consanguinity unauthorized practice of law
or affinity or to counsel within the fourth degree
computed according to the rules of the civil law, Acts Constituting Contempt:
or in which he has been executor, 1. Misbehavior
administrator, guardian, trustee or counsel, or 2. Disobedience
in which he has presided in any inferior court 3. Publication concerning pending litigation
when the ruling or decision is the subject of 4. Publication tending to degrade the court;
review, without the written consent of all parties disrespectful language in pleadings
in interest, signed by them and entered upon 5. Misleading the court or obstructing justice
the record.” 6. Unauthorized practice of law
7. Belligerent attitude
The rule contemplates two kinds of inhibition 8. Unlawful retention of client’s funds
1. Voluntary - left to the judge's discretion
whether [they] should desist from sitting in
a case for other just and valid reasons with
only [their] conscience to guide [them] PRACTICAL EXERCISES
2. Compulsory - conclusively presumes that
a judge cannot actively or impartially sit on
a case A. Parts of conveyancing,
affidavits
A judge may not be legally prohibited from
sitting in litigation without any valid ground. But
when suggestion is made of record that he
1. Parts of Conveyancing
might be induced to act in favor of one party or
a. Document Title - Deed of Absolute Sale/
with bias or prejudice against a litigant arising
Contract of Lease/Memorandum of
out of circumstances reasonably capable of
Agreement
inciting such a state of mind, he should conduct
b. Preamble - used to easily show important
a careful self-examination. A judge who serves
details of the document. These include the
the cause of law must forestall the miscarriage
name of the agreement, the date of
of justice.
execution, and the involved parties.
c. Parties - refers to the persons, whether
Prejudice is not to be presumed. Especially if
natural or juridical persons, executing the
weighed against a judges legal obligation
contract
under his oath to administer justice without
d. Recitals - an optional form, called recitals,
respect person and do equal right to the poor
may be included to include background
and the rich. To disqualify or not to disqualify
information to the agreement.
himself then, as far as respondent judge is
concerned, is a matter of conscience."
Recitals can be a valuable resource for
[Pimentel v. Hon. Salanga, 21 SCRA 160
contract interpretation. They provide terms
(1967)]
that show intent on the part of the parties.
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