GROUNDS FOR ANNULMENT (R47)

1. Intrinsic fraud – 4years from discovery

2. Lack of jurisdiction
3. Lack of due process – under jurisprudence

Note: the law is silent whether what kind of jurisdiction, its either lack of jurisdiction over the
pe/rson or subject matter.

HIERARCHY OF REMEDY:

You cannot file annulment of judgment without filing first petition for relief, you cannot file petition
for relief without filing first new trial or appeal or reconsideration.

In hierarchy of remedies the following shall be observed in orderly manner:

1. New trial or reconsideration;

2. Appeal;
3. Petition for relief;
4. Annulment of judgment; and
5. Certiorari.

HARMLESS ERROR RULE:

Refers to evidence improperly admitted in trial. Its damaging quality and its impact to the
substantive rights of the litigant will be examined. If the impact is slight and insignificant, the error
would be disregarded as it will not overcome the weight of properly admitted evidence against the
prejudice party. (P. V. TEEHANKEE GR No. 111206-08).

INSTITUTION OF OFFENSES (R110):

Complaint before the fiscal, is considered informal complaint. Which contains the following:

1. Letter complaint;
2. Affidavit complaint; and
3. Affidavit of witnesses.

Note: no need to comply with S3,R110.

Filing complaint before the court,is considered formal complaint and must comply with S3,R110 in
relation to S6, R110.

 Under R110, apply the 4Y,2M,1D if in the province must go first with the Fiscal’s Office for
purposes of preliminary investigation.
 If the impossible penalty is only 4Y,2M no need to go to fiscal’s office, but this rule is not
absolute, a party can go to fiscal’s office and it is now called preliminary examination.
 In metro Manila it is required to go to fiscal’s office before going to court.

Note: for purposes of preliminary investigation, as long as there was an effort on the part of the
fiscal’s office to contact you to serve subpoena, that is sufficient enough and it can be submitted for
resolution without counter affidavit from the respondent.
2 KINDS OF CRIME:

1. Public crimes – victim less crime

2. Private crimes
a) Ordinary private crimes
b) Extraordinary private crimes- initiated by private offended party.
i. Adultery; – RTC
ii. Concubinage; – MTC
iii. Seduction;
iv. Abduction;
v. Acts of lasciviousness; and
vi. Defamation.

DUPLICITY OF OFFENSES: CIVIL V. CRIMINAL CASES

 Civil procedure, there is joinder of causes of action, whereas, in criminal cases no joinder of
causes of action.
 In criminal case no counter claim.

Note: Venue in criminal case is jurisdictional or there is territorial jurisdiction over the offense.

 The case of Ampatuan, the crime must be instituted where the crime was happened and
request for different venue may follow.

PROSECUTION OF CIVIL ACTION:

CIVIL ACTION:

1. DEPENDENT CIVIL ACTION

2. INDEPENDENT CIVIL ACTION

DEPENDENT CIVIL ACTION, if a person is criminally liable he is civilly liable. Once criminal action is
instituted, the civil action is deemed instituted, pursuant toArt. 100, RPC, unless there is prior
institution of civil action, reservation or there is a waiver, except BP 22 cases, no reservation.

 Once Criminal Case is filed, filing fee is not required, unless MENT (Moral, Exemplary,
Nominate and Temperate damages) is alleged. But if only Actual damages is alleged no filing
fee except BP 22.
 In Civil Case, once you filed a case filing fee is required, unless allowed as indigent litigant or
indigent party, otherwise the case shall be dismissed.

INDIGENT LITIGANT V. INDIGENT PARTY

 The rules on indigent litigants, therefore, if the applicant meets the salary and property
requirements under S19, R141, ROC then the grant of the application is mandatory. On the
other hand, when the application does not satisfy one or both requirements, then the
application should not deny outright, instead the court should apply the indigency test under
S21, R3, ROC and use its sound discretion in determining the merits of the prayer for
exemption.
INDEPENDENT CIVIL ACTION these are:

1. Art. 32;
2. Art. 33;
3. Art. 34; and
4. Art. 2176

They are not subject for reservation prior institution of waiver, can proceed independently.

ARTICLE 32, CIVIL CODE:

 Violation of rights and liberties, e.g. if you file a case for arbitrary detention, the civil action is
one with independent civil action, meaning it is not subject with prior institution, reservation
and waiver, it is not deemed instituted.
 If independent civil action is filed based on arbitrary detention, which is a criminal case
(illegal detention) it will prosper, but in case decision is in favor to plaintiff no recovery of
damages twice.
 If illegal detention is filed, civil action is deemed instituted pursuant to Art. 100, RPC, but
without prejudice, the aggrieved party can file a separate independent civil action.

ARTICLE 33, CC:

 Defamation, fraud, and physical injuries (homicide and murder are included in physical
injuries)

Article 34

Article 2176 quasi delict.

PREJUDICIAL QUESTION

 The civil case must be instituted ahead and the resolution on civil case determinative of the
criminal case.

EXECUTION OF JUDGMENT:

 Issuance of writ of execution is a matter of right but there must be notice and hearing, the
purpose of hearing is to know for the court if there already a voluntary satisfaction of
judgment.

 FILING OF THE MOTION:

 Issuance of the order granting the motion must be made within the 5-year period
from the entry of judgment. Otherwise if the writ is issued after the lapse of the
filing period shall not be enforced.
 The lifetime of the writ is 5year period from valid entry of judgment.
 Review of judgment is by operation of law after the lapse of the period to file an appeal, by
operation of law there is an entry of judgment.
3 KINDS OF JUDGMENT:

1. Judgment for money (S9, R39)

2. Judgment for specific acts (S10)
3. Special judgment (S11)

MONEY JUDGMENT:

 How to enforce money judgment?

1. File motion for issuance of writ of execution (needs only if no satisfaction)
2. Voluntary satisfaction
3. The sheriff may demand, levy, garnishment and examination of obligor obligors.

TERSERIA MAY APPLY TO:

1. Attachment – sheriff’s levy the property

2. Replevin – recover the property
3. R39, S16 –

 The sheriff must exert efforts to dislodge or oust the obligor.

 If there is no compliance of the writ of execution, the sheriff is liable and may be can site in
to contempt by not following the order of the judge.
 Contempt in obligor - is present if the writ of execution is successful and there is reentry.

TERSERIA is a claim by third person by making his affidavit of title, copy furnished the sheriff and the
judgment obligee. Unless the judgment obligee file a bond and approved by the court. 120 days
from filing of the bond otherwise, waived the claim for damages.

ELEMENTS OF TERSERIA:

1. Third person;
2. Affidavit of title;
3. Copy furnish the sheriff;
4. Bond; and
5. 120 days.

SAMPLE QUESTION ON TERSERIA:

Q: the sheriff is now executing the real property which belongs to the losing party, unfortunately, in
the process the property is claimed by a third person, what will happen now?

A: terseria rule applies. The third person must submit to execute an affidavit to the sheriff stating his
claim on the property. If this is complied with, the sheriff would not continue with the execution.

Q: what should be done by the winning party in order for the sheriff to continue with the execution
despite the claim of the third person?

A: the winning party should post a bond in an amount to be fixed by the court conditioned upon the
payment of whatever damages which may be incurred by the third person. You can only run after
the bond if you file the same within a period of 120 days from the time of the posting of that bond.
Q: what are the alternative remedies, apart from terseria rule to a third party whose property is the
subject of the execution?

A: file a motion for summary hearing of his claim in the very same case, where the execution was
granted.

JUDGMENT FOR SPECIFIC ACTS (S10, R39):

1. Recovery of possession
2. Recovery of ownership

REAL ACTION

1. Conveyance, delivery of deeds or other specific acts, vesting title.

2. Sale of real or personal property.
3. Delivery or restitution of real property
4. Removal of improvements on property subject of execution.
5. Delivery of personal property.

LINA LAW is applicable only to government lands, but not in private lands.

SPECIAL JUDGMENT

 Are incapable of pecuniary estimation specific performance.

 There is contempt if not complied by the obligor.

CERTIORARI:

 Only interlocutory order can be certioraried.

 final order generally is appeal.

Q: how many days within which to file a motion for reconsideration against interlocutory order?

A: the law is silent within which to file a motion for reconsideration against an interlocutory order.
But if, filing a motion for reconsideration is a requirement to file a petition for certiorari, the motion
for reconsideration should be filed not more than 60 days.

PROHIBITED IN ADMISSIONS:

1. Liquidated damages, needs to be prove even if there is an admission.

2. Material averments.

 Liquidated damages - stipulated damages – MENTAL

 Unliquidated damages – unstipulated – MENTA

KINDS OF ADMISSIONS:

1. Express Admission
2. If denial is not pursuant to the rules
 3. Negative pregnant – admitting but denying. It is a denial with an admission of the substantial
facts alleged in the pleading. If there is negative pregnant, admission is vague the result is
general denial and is considered an admission.

 If the answer is in general denial, it is consider as an admission.

 If denial is not under oath, considered general denial and it is an admission.
 Negative pregnant considered an admission.
 If there is an admission, no need to present evidence because, that is already proof.
Admission requires no more evidence.
 If absent during pre-trial, presentation of evidence is required, since there is already an
answer.
 In pre- trial, judgment is not outright the plaintiff may require to present evidence.

Q:is there an admission for failure to file an answer?

A: failure to file an answer is not an admission, therefore, judgment on the pleading is proper. Under
S3, R9 xxx the court shall upon motion of the claiming party with notice to the defending party be
declare the defending party in default and move the case be decided based on the merits.

JUDGMENT ON THE PLEADINGS:

 If there is an admission as a rule, judgment on the pleading is proper.

JUDGMENT ON THE PLEADING (R34) V. SUMMARY JUDGMENT (R35)

As to the parties:

 Only plaintiff can file in judgment on the pleading, while is summary judgment, defendant
can also file.

As to the period:

 Judgment on the pleading requires 3-day notice rule, on the other hand, summary judgment,
the usual 10-day period.

As to kinds of pleadings:

 Judgment on the pleading, limited only to pleadings, in summary judgment, it can be

admissions, depositions, affidavit and other admissions.

As to the issue:

 Judgment on the pleading, no issue, while in summary judgment, there is an issue but not
genuine.

RULE 3

 Only natural and juridical persons can be parties to an action, except Rules of Procedure in
environmental cases.
 The natural and juridical parties must be, parties -in- interest.
  Real party in interest is the one who can be benefited or prejudice by judgment.
 Representative party is not the real party-in-interest, because he is only in representation
for the others.
 A real party in-interest is either indispensable or necessary party.
 Indispensable party there can be no final determination of the case.
 Necessary party there can determination of the case, but there can be no complete relief.
 Non-joinder of parties is not a ground for dismissal, it can be added or drop by order of the
court.
 Indispensable party, disobeying an order may cause dismissal of the case, while necessary
party may disobey an order but it consider waiver.

For lack of cause of action: file demurer to evidence after presentation of evidence by the parties
only by the plaintiff, based on sufficiency of factual.

For failure to state cause of action:is not a ground for motion to dismiss, but can be raise only as an
affirmative defense, because grounds to dismiss is now limited to: 1. Lack of jurisdiction over the
subject matter; 2. Litis pendentia; 3. Res judicata; and 4. Prescription pursuant to omnibus motion
rule.

 In the present rule, there is motion to dismiss on limited grounds, all the rest shall be
considered as an affirmative defense, this is to prevent the delay in the proceedings. Hearing
in affirmative defense is optional.

PRELIMINARY INJUNCTION AND TRO ARE DIFFERENT:

 You cannot make a prayer for TRO without application for preliminary injunction.
 you can make a prayer for preliminary injunction without TRO, because of absorption rule.
 No grant of WPI without conducting a hearing. Hearing is required.
 TRO optional, either there is a hearing or non.
 TRO without hearing is ex parte.

PRELIMINARY INJUNCTION 2 GROUNDS:

1. Ex parte TRO grounds:

a) Grave injustice; and
b) Irreparable injury.
2. Regular 20day TRO ex parte grounds:
a) Grave or irreparable injuries.

SPECIAL RULES FOR TRO AND PI:

1. If TRO or WPI is included in a complaint or any initiatory pleading filed with the trial court, it
shall be raffled only after notice to the adverse party and in the presence of such party or
counsel.
2. The application for TRO shall be acted upon only after all parties are heard in a summary
hearing within 24hours after the records are transmitted.
3. If the matter is of extreme urgency, such that unless a TRO issued, grave injustice and
irreparable injury will arise, the executive judge shall issue TRO effective only for 72hours
from issuance.
 4. Before the expiry of 72hours, the presiding judge to whom the case is assigned shall conduct
summary hearing to determine whether TRO can be extended for another period until a
hearing in the pending application for preliminary injunction can be conducted. In no case
shall the total period of TRO exceed 20days including the original 72hours issued by the
executive judge.
5. This rule shall apply to single sala station especially with regard to immediate notice to all
parties of all application for TRO.

72hours v 20days Ex Parte

 72hours ex parte- the plaintiff suffered grave injustice and irreparable injury and because of
that there is extreme urgency. While in 20days ex parte, it is issued by any judge either
executive or regular judge, the applicant had suffered grave or irreparable injury, as shown
in the application or affidavit.
 72hours TRO can be issued only by executive judge in multi and single sala court.

Note: there must be prior or simultaneous service of summons before the writ may be served or
executed to observe due process.

ATTACHMENT CASES:

1. Action coupled with fraud;

2. Nonresident and non-found in the Philippines; and
3. Action in which jurisdiction over the person can be acquired through publication.
a. Against person whose identity is unknown;
b. Extraterritorial service;
c. Resident but not found in the philippines.
Cases allowed:
i. In personam- personal status of the plaintiff;
ii. In rem- any property of the defendant found in the Philippines.

CYBER CRIME OFFENSES:

CRIMES AGAINST:

1. Confidentiality, Integrity, Availability of computer data system (hacking)– Cybercrime Courts.

2. Computer related offenses, computer related forgery, fraud and identity (data privacy, pin
#)- Cybercrime Courts.
3. Content related offenses (child pornography, cybersex, cyber libel)- Cybercrime Courts.

Cybercrime court- Branch 19 N.Samar

CYBERCRIME WARRANTS:

1. Warrant to Disclose Computer Data (WDCD)- an order to disclose and accordingly, require
any person or service provider to disclose or submit subscriber information, traffic data, or
relevant data in his/her controversial or is possession or control.
2. Warrant to Intercept Computer Data (WICD)-an order authorizing law enforcement
authority to carry out the following activities: a. listening to, b. recording, c. monitoring or d.
surveillance of the content of the communication.
 3. Warrant to Search, Seize and Examine Computer Data (WSSECD)- an order authorizing law
enforcement authority to search a particular place for items to seized and/or examined.
4. Warrant to Examine Computer Data- upon acquiring possession of a computer device or
computer system via lawful warrantless arrest, or by any other lawful method, law
enforcement authority shall first apply for WECDbefore searching said computer device or
computer system for the purpose of obtaining forensic examination the computer data
contained therein.

2 kinds of Non-content Data:

1. Subscriber information data – personal circumstances

2. Traffic data

3 kinds of Data: Non- content data

1. Subscriber information data

2. Traffic data
3. Complete

Traffic data device used, identity, destination, route, dsize. Possessed by service provider.

OMBUDSMAN DECIDED CASES:

1. Administrative Cases- if Ombudsman resolution is guilty of grave misconduct, the aggrieved

party shall file certiorari under R43 before the CA, since Ombudsman is a quasi-judicial
agency.
2. Criminal cases remedy – finding probable cause, shall file the case before the RTC, the
resolution of the Ombudsman finding probable cause is final and executory. The aggrieved
party shall file certiorari before CA.
 FISCAL- finding probable cause, the aggrieved party shall file an appeal before the Secretary
of Justice, and from DOJ, aggrieved party shall file petition for certiorari before the CA under
R65.
 From the decision of the office of the President, the aggrieved party shall file certiorari under
R43, because office of the President is considered as a quasi-judicial agency same with the
Ombudsman.

R45 V. R65

1. R45, is a mode of appeal, while R65 is not an appeal, it is a special civil action original and…
2. R45 is the continuation of appellate process over the original case, whereas R65, is not part
of appellate process, but an original action.
3. R45, seeks to review final judgment or order, R65, the purpose is to annul the proceeding of
lower tribunal directed against interlocutory orders of matters or no appeal may be taken.
4. R45, raises only pure question of law, R65, lack of jurisdiction or grave abuse of discretion
amounting to lack or excess of jurisdiction.
5. R45, 15days, R65, 60days.
6. R45, motion for reconsideration is not required, R65, motion for reconsideration is required
if allowed by the rule.
 7. R45, the effect of R45 stays the judgment appealed from, R65,continuous as original action
unless there is injunction.
8. R45, original parties are the petitioner, R65,party is the judge.
9. R45, can be file only in Supreme Court, R65, can be filed in the ff: RTC, SB, CTA, CA and SC.

PARTIAL DEFAULT:

 Two defendants, one of which file an answer and the other one is none. In this case, there is
partial default, the trial may proceed based on the answer filed by the answering defendant.
 if the two defendants have no answer that would be allowed, provided the two defendants
has common cause of action.
 if there is default because no answer the court shall either:
1. Render judgment; or
2. Require presentation of evidence ex parte.

Q: if no answer, can file judgment on the pleadings?

A: No. judgment on the pleading is not proper if there is no answer, under R9, ex parte presentation
of evidence or rendition on judgment, but not judgment on the pleading.

No Default in:

1. Annulment of marriage.
2. Declaration of nullity of marriage
3. Legal separation.

PETITION FOR RELIEF GROUNDS:

1. Fraud;
2. Accident;
3. Mistake; and
4. Excusable negligence.

CONTEMPT REMEDY:

1. Direct- certiorari, fine, posting of bond, Indirect- show cause order.

When PRELIMINARY INVESTIGATION IS REQUIRED:

1. Warrant arrest or the imposable penalty is 4y,2m,1d.

Purpose of INQUEST is to determine the legality of arrest, if arrest is illegal the accused shall be
released from custody without prejudice to PRELIMINARY INVESTIGATION.

BAIL IN MTC V. RTC:

In MTC, bail is a matter of right before or after conviction, whereas, in RTC, bail is a matter of
right before conviction, if after conviction is a matter of discretion.

Arraignment as condition for bail is not allowed.

DEMURER TO EVIDENCE: CRIMINAL V. CIVIL CASES

 In criminal case - leave of court is required, otherwise, if you file demurer to evidence
without leave of court and granted by the court, the effect is waiver to present evidence in
case denial by appeal.
 In civil case – leave of court is not required, but if the motion is granted and it is affirmed by
appeal, then it is in favor; but if granted and during appeal is reversed, the effect would be,
you lose your right to present evidence.

REVIVAL OF JUDGMENT:

 CRIMINAL CASE- as far as civil aspect is concern pursuant to Art. 100 RPC.
 Revival of judgment is now Action Capable of Pecuniary Estimation either real or personal.

Criminal case which has no civil liability e.g. Public crimes or victim less crimes e.g. drugs, illegal
possession of firearms.

REVIVAL OF JUDGMENT, ANOTHER CONCEPT UNDER S34, R39:

 E.g.the purchaser of the real property in an auction sale, for some reason he/she never
acquired possession of the property or he/she acquired but evicted, the remedy of the
purchaser is to file motion to revive judgment to recover the price pursuant to S34,R39

Possible award to civil liability:

1. Civil indemnity
2. Other damages
3. Loss of earning capacity (P. v. Wahiman, GR No. 200942 June 16, 2015)

 Revival of MTC judgment is now covered by summary procedure, pursuant to the Rules on
Expedited Procedure in first level court either real or personal action.

 Revival of RTC judgment, classified as;

1. Real Action
2. Personal Action

EXECUTION R39:

 Criminal Caseconviction, if detained no need to issue warrant; if bonded, cancellation of

bond then, issue bench warrant.
 Civil Case life time of the writ of execution is 5year from entry of judgment. By motion,
revival of judgment which is lapsed after 5year period, lapsed after 10year period, no revival
of judgment, pursuant to Civil Code.

MODEOF APPEAL:

 Summary Procedure:
 RTC final and executory.
 Small Claims:
  Decision of MTC, remedy is certiorari before the RTC
 Civil – MTC to RTC, notice of appeal.
 Civil – RTC to CA, original jurisdiction of RCT – notice of appeal.
 RCT exercise of its appellate jurisdiction from MTC to RTC to CA – petition for review under
R42.
 RTC pure question of law to SC under R45 petition for review on certiorari, or appeal by
certiorari under R45.
 CA pure question of law- appeal by certiorari under R45.
 R43 petition for review from quasi-judicial agency to SC.
 CTA to SC petition for review under R45.
 SB – SC under R45.
 In RTC to CA penalty impose is reclusion perpetua or life imprisonment from RTC to CA,
notice of appeal.
 From RTC the penalty imposed is death, automatic review to CA if affirmed by the CA, under
the Rule, render the decision but no entry of judgment, but certify and elevate to SC.

FORECLOSURE:

1. Judicial foreclosure (JF)

2. Extra judicial foreclosure (EJF)
 The nature of foreclosure- real action either MTC or RTC depending on the assessed value.

JUDICAL V. EXTRA JUDICAIL FORECLOSURE

 Generally, JF, exception by stipulated or by Special Power of Atty., that in case of default can
resort to EJF.
 JF- filed in court through petition because, it is a Special Civil Action, EJF either by sheriff or
notary public.
 EJF there is right of redemption within 1 year, GR: except if the mortgagor is a juridical
person, the period is shortened until but not after registration of certain deed of sale which
is done within 3mons from foreclosure. while, on the other hand, JF no right of redemption
except, if the mortgagee is a banking institution within 1 year from registration of certain
deed of sale.
 JF, there is deficiency of judgment, whereas, EJF no deficiency of judgment, however may
file petition to recover deficiency of judgment, filing fee is necessary.

R64 V. R65:

 R64- COA, COMELEC to SC; R65- CSC to CA.

 R64- subject is final orders of the two Commissions COA & COMELEC, otherwise if the order
is interlocutory, R65 shall apply.
 R64, the period is 30 days, while R65, the period is 60 days.
 R64 not applicablethe fresh period rule NEMISES CASE, R65 fresh period rule applies.

FRESH PERIIOD RULEin case denial of the motion, a fresh period of 60days, while in R64 the
remaining period.
ELECTIVE V. APPOINTED

 Elective – governing law is Election Code, APPOINTED is ROC, R66

 As to Jurisdiction: E- COMELEC, MTC, RTC; A – SC, CA, RTC
 As to Petitioner: E- any voter even if he is not entitled to the office; A – the person claiming
to be entitled to the office.
 As to Period:E – 15 days from operation; A – within 1year from the ouster or the right of the
petitioner arose.
 As to Issue:E – eligibility or loyalty or disloyalty; A – legality or illegality of appointment.
 As to Relief: E – highest garner of vote may declare winner.

EVIDENCE
 Rule on evidence is not applicable in non-judicial proceedings, labor proceedings pursuant
to jurisprudence because, labor cases is non-judicial proceedings.
 Evidence is a factum probans.
 Trial or hearing which does nor observe the Rules on Evidence e.g. Summary Procedure and
Small Claims.
 In summary procedure and small claims, no presentation of evidence in CIVIL CASES, only
submission of position paper, while in CRIMINAL CASES, presentation of evidence is
necessary but no direct examination, only judicial affidavit, pursuant to Constitutional rights
to confront the witnesses face to face, cross examination is necessary.

NOTE; in Summary Procedure all pleadings must be verified or under oath.

Formula to make evidence admissible:

 Relevant is a matter of logic plus Competent is a matter of law and rules equals ADMISSIBL

2 KINDS OF EVIDENCE:

1. Witness
2. Exhibits
a. Documentary Evidence
b. Object Evidence
 Documents in new Rule, even photographs is now considered as documents.
 Irrelevant Evidence which may be admissible S4 particularly 2 nd sentence.

RES INTER ALIOS ACTA RULE – provides that the rights of a party cannot be prejudiced by an act,
declaration, or omission of another. Consequently, an extrajudicial confession is binding only on the
confessant and is not admissible against his or her co-accused because it is considered as hearsay
against them.

Exception to the RES INTER ALIOS ACTA RULE

  Extra-judicial admission by a:
1. Co- partner of an agent;
2. Conspirator; or
3. By privy.
 A co-partner, agent, conspirator, privy their acts, declaration, or omission are be prejudicial
to the rights of a party are admissible, because of their shared interest. It must be
established by a separate evidence of a partnership or agency. During the existence of such
partnership, their must be joint interest, shared interest or commonality of interest.
 Admission by conspirator – the act or declaration of conspirator in the furtherance of the
conspiracy and during its existence, it must be supported with evidence.
 is an admissionmade by a conspirator under S30, R130 ROC. In order that the admission may
be received against co-conspirator, it is necessary that:
1. The conspiracy be first proved by evidence other than admission itself;
2. The admission relates to the common object; and
3. It has been made while the declarant was engaged in carrying out the conspiracy.
PEOPLE V. JOSE CERVANTES CACHUELA, JUNE 10, 2013.

2 KINDS OF RES INTER ALIOS ACTA RULE:

1. The Act, Declaration or Omission

2. Previous conduct Rule.

EXTRA JUDICIAL ADMISSIONby a third person, is not admissible because the Act, Declaration or
Omission [ADO] by a third person cannot prejudice the rights of a party [S2nine, R130]. Except;

1. Conspiracy must be established by separate evidence other than the ADO. The admission
must be done during the existence of conspiracy, otherwise, if the admission was done after
the conspiracy it is no longer available.
2. Partnership or agency must be established by separate evidence, the admission must be
done during the existence of a partnership or agency.
3. Privy.
4. Admission by silence.

COMPETENCY RULE or PREVIOUS CONDUCT RULE or SIMILAR ACTS AS EVIDENCE

 Previous Conduct Rule [PCR], generally not admissible but it can be admitted as evidence not
necessarily to prove that he committed the crime but, it can be presented as evidence to
prove the specific intent, knowledge, identity, plans, systemic scheme.

HEARSAY

 Hearsay to be admissible, the testimony must confine the personal knowledge or 1 st hand
knowledge, for the purpose of cross examination and determine his ability of perception.

Hearsay not meant to prove the contents of the statements:

 one can put an out of order statement in to evidence, if the purpose is not to prove the truth
of the out of order statement, but to prove what was heard or seen directly thus, that is not
hearsay therefore, admissible.
JUDICIAL ADMISSION in CRIMINAL CASE- If the admission is for capital offense, the presentation of
evidence is still required; if non-capital offense, no need to present evidence.

Exception to the judicial admission:

1. Palpable mistake
2. Not in fact made

PRESUMPTION
1. Conclusive – doctrine of estoppel, no need of evidence
2. Disputable – need evidence

 The application DISPUTABLE PRESUMPTIONfound in S3 j, R131 ROC, that a person found in

possession of a thing taken in the doing of the recent wrongful act is the taker and doer of
the whole act.

37 DISPUTABLE PRESUMPTION S3, R131:

1. That person is innocent of crime or wrong;

2. That an unlawful act was done with an unlawful intent;
3. That a person intends the ordinary consequences of his or her voluntary act;
4. That a person takes ordinary care of his or her concerns;
5. That evidence willfully suppressed would be adverse if produced;
6. That money paid by one to another was due to the latter;
7. That a thing delivered by one to another belonged to the latter;
8. That an obligation delivered up to the debtor has been paid;
9. That prior rents or installments had been paid when a receipt for the later one is produced;
10. That a person found in possession of a thing taken in the doing of the recent wrongful act is
the taker and doer of the whole act; otherwise, that things which a person possesses, or
exercises acts of ownership over, are owned by him or her.

QUALIFICATION OF A WITNESS:

 Perception and communication equal good witness.

 Can a minor child be a witness? It depends. If a child can perceive and communicate, then
the child can be a witness.
 Can a blind person qualified as a witness? For as long as, that blind person can perceive and
communicate he can be a witness to a case.
 Testimony must be confine to personal knowledge.
 Interest and outcome of the case is not a ground for disqualification of the witness.

TYPES TO IMPEACH A WITNESS:

1. Contradictory evidence
2. General bad reputation [honesty, integrity and truth]
3. Prior inconsistent statement
4. Conviction.
2 KINDS OF WITNESS:

1. Ordinary witness – not a party to the case.

2. Party witness – the party himself can be a witness to his or her own case.

 Ordinary witness, must have personal knowledge, it can either be hostile or unwilling
witness.

DISQUALIFICATION OF A WITNESS:

1. Disqualification by reason of marriage or marital DQ Rule.

 During their marriagethe husband or the wife cannot testify against the other
without the consent of the affected spouse, except, if the case is civil by one against
the other, or a crime committed by one against the other, or the latter’s direct
ascendants or descendants. The purpose is for domestic tranquility.
2. Disqualified by reason of Privilege Communication.
 Privilege Communication Rule between husband and wife intended for confidential
even after their marriage as long as the privilege communication was acquired
during their marriage, the purpose is to encourage pre-discussion between spouses,
except, not subject of the case.
3. Attorney Client relation
 GR: lawyers are not allowed to be a witness, without the consent of the client.
 Person reasonably believe by the client to be licensed to engage in the practice of
law, except, future crimes are not covered, but post crime are covered.
 Breach of duty by lawyer or client
 Physician only in civil case applied and not in criminal cases.
 Qualification and disqualification must be raised in the proper time.

DISTINCTION BETWEEN MARITAL DQ AND PRIVILEGE COMMUNICATION BETWEEN HUSBAND AND

WIFE:

 MDQ - during marriage, while PComR, even after the marriage.

 PComR – the communication is confidential, on the other hand, is not.
 PComRand MDQdoes not apply if the case is by one against the other.
 If Criminal Caseis committed, by one against the other or the latter’s direct
ascendants or descendants.
 In Civil Case, by one against the other.

FORM OF TESTIMONY OF THE WITNESS OR HOW A WITNESS TESTIFY:

 In CIVIL CASES:
 MTC and RTC – judicial affidavit pursuant to Judicial Affidavit Rule.

 In CRIMINAL CASES:
  MTC – sworn statement or affidavit or counter affidavit if JA is not available, but not
necessary JA pursuant to Revised guidelines in Continuous Trial in Criminal Cases.
 1stlevel courts in all criminal cases including those covered by RSP, the testimony of
the witness shall consist of SUBSCRIBE SWORN STATEMENT, AFFIDAVIT or JUDICIAL
AFFIDAVIT.
 RTC – it depends on the crime and witness: in crimesuch as those not transactional
in character like: estafa, malversation, falsification; witnesssuch those, forensic
chemist, investigator, medico legal officer, accountant, custodian, auditor,
engineers, expert witness, their testimonies in the form of sworn statement,
affidavit or JA is sufficient enough.
 if the court question is not based on the credibility of the witness, sworn statement,
affidavit or JA is sufficient as form of testimony. But if the question is based on the
credibility of the witness the form shall be in oral testimony.

WHAT ARE THE ADMISSIBILITY RULE MAY BE RAISED WHILE THE WITNESS IS TESTIFYING?

1. Offer of compromise: in Civil Cases, is not admissible because settlement in civil cases is
allowed, whereas, in Criminal Cases, offer of compromise is admissible.
2. The withdrawn plea of guilty cannot be admitted.
3. Plea bargaining proposal is inadmissible.
4. An accepted offer of plead guilty to a lesser offense is inadmissible, pursuant to R130, S28.
5. Substantive ground
6. R130, S2nine, extra judicial admission by a third-party inadmissible evidence, but extra-
judicial admission of a party is admissible.

CHARACTER EVIDENCE:

1. Party witness
2. Nonparty witness
 Non-party witness, the purpose of examination is to test the credibility, party witness, the
scope of cross examination is limited.

Right against self- incrimination in criminal case:

 Party witness, the RASI is absolute, while non- party witness the RASI is limited, it can be
invoked only if the question is incriminating.
 not applicable in civil cases.

PARTY WITNESS

 Party witness, the defense can present good character evidence, while Prosecution, can
only present bad character evidence, if the defense already presented good character
evidence.
 Prosecution cannot present bad character evidence and cannot present good character
evidence, because trial is not for popularity.

NONPARTY WITNESS/ORDINARY WITNESS

 Good character evidence is not allowed until impeached.

  The witness is presumed to be good.


What are the importance of distinguishing a witness from party to nonparty?

1. Rights against self-incrimination – criminal case.

2. Character evidence – civil and criminal.

Ordinary V. Expert witness

 OW hostile or unwilling witness

 EW can testify regarding opinion, whereas OW do not.

ORIGINAL DOCUMENT RULE

 Original copy must be presented

 In new Rule, even photographs is now considered as documents.

What is the relation of original document rule to witness? Because, original document must be
presented in court, secondary evidence is not allowed. Original document must be presented to
prevent any untruthful events.

Hierarchy of Evidence:

1. Copy
2. Recital
3. Testimony

PAROL EVIDENCE RULE

 Is a contract law doctrine that prevents parties to a written contract from presenting
extrinsic evidence of terms in a contract that contradict, modify, or vary the terms of a
written agreement, when that written agreement is considered complete and finalized.

1. The Parol Evidence Rule applies after the parties put their final agreement in writing.
2. The parties have to intend that the written contract is complete and final.
3. No parol, or extra evidence, will be allowed to contradict or modify the written contract.

EXCEPTION TO THE PAROL EVIDENCE RULE:

1. To clarify terms in a contract when a term’s meaning is missing or ambiguous;

2. To demonstrate evidence of collateral agreements; and
3. To demonstrate that a party was fraudulently induced to enter into an agreement.

 In PAROL EVIDENCE RULE, presentation of witness is not allowed to modify, explain, or add
the terms and conditions.
 In ORIGINAL DOCUMENT PRESENTATION of witness is not allowed because there is
hierarchy of secondary evidence.
JUDICIAL NOTICE [R12NINE]

1. Mandatory – matters in which the court is mandated to take judicial problems.

2. Discretionary -

3 KINDS OF DISCRETIONARY NOTICE WITHOUT HEARING:

1. Public knowledge;
2. Capable of unquestionable demonstration; and
3. Matters ought to be known to judges because of their judicial function.

FACTUM PROBANDUM:

 In Civil Cases, are the cause of action, in Criminal Cases, are the elements of surprise
and deceit.

Undisputed Factual Issue:

1. Judicial notice;
2. Judicial admissions; and
3. Presumption- this are material evidence, relevant but already material because they are no
longer needed.

SPECIAL PROCEEDINGS
 Is a remedy by which a party seek to establish a status, right or a particular facts.
 Is an action in rem.

Action can be classified as:

1. Real
2. Personal
3. In personam
4. Quasi in rem

 For purposes of jurisdiction over the subject matter, the action can be classified as,
Personaland Real action and Venue.
 For purposes of summons, the action can be classified as, in personam and in rem [R14 and
R thirty-nine].
 Under R14, if it is action in rem, the purpose of the service of the summons through
publication is not necessarily to acquire jurisdiction but, the observance of due process.
 But if the action is classified in to personam and real action, service of summon is required
to acquire jurisdiction over the person.

EFFECT OF JUDGMENT:

 In Action in REM, the judgment is binding against the world.

 In Action In PERSONAM, the judgment is binding between the parties.
  In SPEC PRO, it may or may not have an adverse party, because the purpose is to establish
the status, right or a particular fact.
 no formal pleadings are required unless it is provided under Rules of Court.

KINDS OF SPECIAL PROCEEDINGS:

1. Settlement of Estate
2. Guardianship
3. Special writs
4. R103 V. R108
5. Marital status
6. VAWC

R73 SETTLEMENT OF ESTATE

 Death kinds
 Actual
 Presumptive

EXTRA- JUDICIAL SETTLEMENT V. JUDICIAL SETTLEMENT

 Extra- Judicial Settlement:

 all heirs shall be notified, otherwise whatever settled during so is not binding, the
absent heirs can demand.
 Publication of notice for EJS must be done before the act of its execution.
 No will and no debt, EJS can be done.

NOTE: but despite notice, the heirs ignore the notification, the effect would be waiver, subject to
2year lien period.

EXTRA- JUDICIAL SETTLEMENT BY AGREEMENT BETWEEN HEIRS R74, S1

 If the decedent left no will and no debts:

1. Heirs are all of age
2. Minor heirs are represented by their judicial or legal representatives,
In this case, they can divide the estate among themselves even without securing letters
of administration and filed in the office of the register of deeds.
 In case parties disagree, they may do so in an ordinary action of partition.
 If only have one heir, he may adjudicate to himself the entire estate by means of an affidavit
filed in the register of deeds.

Note: the parties to an extrajudicial settlement, whether by public instrument or by stipulation in a

pending action for partition, or the sole heir who adjudicated the entire estate to himself, a BOND
with the said register of deeds, in an amount equivalent to the value of the personal property
involved.

 JUDICIAL SETTLEMENT:
 There is will, but no debt.
  no will, but there is debt.
 If there is a will:
1. There is a petition
2. Publication
3. Sending of notices
4. Set for hearing
 There is will because there is institution of voluntary heirs, voluntary heirs can be stranger or
compulsory heirs.

NOTE:Personal property- bond is answerable if there is claim, Real Property- subject to 2year lien
period.

 Self-adjudication of property if only have 1 heir.

2 KINDS OF WILL

1. Notarial
2. Holographic

NOTARIAL WILL REQUIREMENTS:

1. 3 witnesses must be qualified and must not convicted involving moral turpitude.
2. There must be numbering
3. Attestation clause
4. Acknowledgement

HOLLOHRAPHIC WILL REQUIREMENTS:

1. Entirely written
2. Dated
3. Sign

PROCESS OF WILL:

 20 days from the time of death or from knowledge of death the heirs have the obligation to
deliver the will to the court, otherwise the holder can be site in to contempt.
 Will can be probated even if it is loss or destroyed, provided all the requirements under the
Rules of Evidence is satisfied. General rule: 1. Presentation of original copy, if the original
copy is nowhere to be found, 2. A photocopy; 3. Recital; 4. Testimony.

VENUE:

 Resident of the testator, if nonresident where the property is situated.

 If multiple property, venue can be anywhere of that property and the court having acquired
first jurisdiction shall observe the doctrine of primary jurisdiction.

JURISDICTION:
  Depending on the gross value of the estate; MTC 2million and below, RTC above 2 million.

ALLOWANCE AND DISALLOWANCE OF WILL:

 Who may file petition

1. Executor
2. Devisee – voluntary heirs- real property
3. Legatee – specific property is given – personal property
4. Person interested in the estate [creditor, compulsory heirs].
 Compulsory heirs not specific property but, percentage or potion of the estate.

 Notices to heirs, devisees, legatees and executor must be of service and publication either,
service made or personal.

 Under S3 &S4 , R76, provides that, not only to published the notice of hearing but also,
service of notice of hearing shall be made. BAR Q.

 S5, R76, if no person appears to contest the allowance of will, the court grant allowance
thereof on the testimony of one of the subscribing witness.

GROUNDS FOR DISALLOWANCE OF WILLSnine, R76:

1. If not executed and attested as required by law [Form]

2. If the testator was: [ Disqualification]
a. Insane or mentally incapable at the time the will executed.
b. Executed under duress or under the influence of fear or threats.
c. Procured by undue and improper pressure and influence on the part of beneficiary.
d. Signature of the testator was procured by fraud or tricks.
e. Refuses to accept the trust or
f. The testator refuses to post bond administrator.

LETTERS OF TESTAMENTARY [LT] V. LETTERS OF ADMINISTRATION [LA]:

 if will is approve next move is the issuance of certificate of allowance of will and then,
issuance of LT.
 the issuance of LT with the will annexed meaning, the will is admitted or proved but the
executor refuses.
 Issuance of LA with the will annexed, if the executor is disqualified.
 if the will is disallowed, in this case the court shall issue letters of Administration.
 LA- if no will or there is a will but disallow, LT if there is a will.
 In case the will is disapproved, the court shall issue LA or no will, the court shall issue LA.
 Because of complexities for the appointment of executor or administrator, the court may
appoint special administration.
 If there is opposition on the will, the oppositor may file a petition for letters of
administration with the will annexed.
EXECUTOR AND ADMINISTRATOR

 Same qualification:
1. Reference for being administrator
2. Executor, no preference because we have to respect the wishes of the testator.

Administrator in hierarchy manner:

1. Surviving spouse
2. Next of kin
3. Requested party
4. Creditor
5. Court appointed

 If the executor and administrator both are qualified they accepted the trust, there is already
posting of bond they are now ready to perform their respective functions:
1. Inventory;
a. Assets
b. Liabilities
2. Claims against creditors
a. Notify the creditors, and
b. Other interested party.
3. Payments of debt
4. Distribution and partition of estate.

INVENTORY R83:

 Within 3months after the appointment of executor or administrator, shall return to the
court a true inventory and appraisal of all real and personal property of the deceased which
has come in to his possession and knowledge.

Q:granting the will is probated there is already issuance of allowance of the will, the issuance of
letters of testamentary, or letter of administration with the will annexed as the case may be, the
opposing party is dissatisfied by the courts decision but probate proceeding is still pending, the
payment and distribution of properties. Can the opposing party file an appeal from the decision
allowing the will?

A:Yes. Because, special proceedings allowed multiple appeals, the requirements are not only notice
of appeal but, and also, record on appeal, both of it are required.

 Notice of Appeal – notifying the court that you are dissatisfied from the decision.
 Record on Appeal- R41, S6

CLAIMS AGAINST ESTATE R86:

1. Contractual money claim – either express or implied

2. Money judgment
3. Funeral expenses
 4. Sickness expenses

Note: other than nos. 2,3 and 4 are claims against executor or administrator.

 Contractual money claims:

1. Due
2. Not due
3. Contingent
 Money judgment

 Actions by or against the executor or administrator , this is the actions that survive, that
subject to money claim:
1. Replevin
2. Recovery of ownership
3. Recovery of damages and others.

 Actions that did not survive, not personal action like, Specific Performance.

 Recovery of real and personal property

 Real property
a. Reconveyance
b. Possession
c. Ownership
 Personal property
a. Replevin
 Actions that can be filed against executor or administrator
1. Damages
2. Enforcement of lien
3. Recovery either real or personal property.

 STATUTE OF CON CLAIMS, meaning there is a period to file a claim against estate, not less
than 6monnths but not more than 12months from the first publication.
 If already lapsed, remedy would be, set up as counterclaim.
 If there is a case filed against you by the executor or administrator, it can be raised as
affirmative defense for the claims against the estate.

Note: probate court is a court of limited jurisdiction except, if there is a clear preterition of
compulsory heirs. In that case, court now shall intervene.

DISTRIBUTION:

 as a rule, devisees and legatees are valid as long as it will not impair the legitime.

RULE 75, S1 – no will shall pass either real or personal estate unless it is proved and allowed in the
proper court. xxx

SPECIAL PROCEEDINGS ASPECT IN VAWC:

  Can file a case under special proceedings for issuance of temporary protection order [BPO,
TPO and PPO].
 If you file protection order TPO and PPO are included.
 Barangay can issue BPO but on limited grounds such as; physical harm, threatening to cause
physical harm.
 Violation of BPO can file before MTC, and during trial for violation of BPO, MTC can issue
TPO or PPO.

CUSTODY CASE:

 File Habeas Corpus instead of custody case [ Writ of Habeas Corpus in relation to the
custody of minors].

WRIT OF AMPARO V. WRIT OF HABEAS CORPUS V. WRIT OF HABEAS DATA

WRIT OF AMAPARO:

 Is a remedy available to any person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of public official or employee, or of
a private individual or entity.
 The writ shall cover: [landmark case of SECRETARY OF NATIONAL DEFENSE et.al V. MANALO
1. Extralegal killings – are killings committed without due process of law i.e., without legal
safeguards or judicial proceedings.
2. Enforced disappearances are enumerated as follows:
a. That there be an arrest, detention, abduction or any form of deprivation of liberty;
b. That it be carried out by, or with the authorization, support or acquiescence of, the
State or political organization;
c. Refusal of the State or Political Organization to acknowledge or give information on
the fate or whereabouts of the person subject of the Amparo petition; and
d. That the intention for such refusal is to remove subject person from the protection
of the law for a prolonged period of time.
 No actual deprivation of liberty but, presumed deprivation or a mere threat of deprivation of
liberty is enough to secure the petition of the WA.
 Only State or any private entity with the participation of the State can be charged. In other
words, the deprivation of life, liberty and security or threats thereof must be State
sponsored.

WRIT OF HABEAS CORPUS

 Generally, extends to all cases of illegal confinement or detention where a person is

deprived of his or her liberty, or where the rightful custody of any person is withheld from
the person entitled thereto.
 May be issued by the Supreme Court, or by the Court of Appeals or any member thereof,
enforceable anywhere in the Philippines.
 May be issued by the RTC or any judge thereof, enforceable only within the judicial district.
 Private individual can be charged.
 There is actual deprivation.

WRIT OF HABEAS DATA:

  Is a remedy available to any person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of public official or employee, or of
a private individual or entity engaged in the gathering of data or information regarding the
person, family home and correspondence of the aggrieved party.
 Who may file the petition for WHD?
 Any aggrieved party however, in cases of extralegal killings and enforced
disappearance, the petition may be filed by any member of the immediate family
namely:
1. The spouse children and parents;
2. Or in default of them, any ascendant, descendant or collateral relative, within
the fourth civil degree of consanguinity or affinity.
 Where should the petition be filed?
1. With the RTC where the petitioner or respondent resides; or
2. Which the jurisdiction over the place where the data or information is gathered,
collected or stored, at the option of the petitioner.
3. May also be filed with the Supreme Court or the Court of Appeals or the
Sandiganbayan when the action concerns public data files of government offices.
 WHD is a summary hearing, however, the court may call for preliminary conference to
simplify the issues and determine the possibility of obtaining stipulations and admissions
from the parties.
 Judgment shall be rendered within 10days from the time the petition is submitted for
decision.
 Judgment may be appeal within 5 working days from the date of notice of the judgment or
final order, to the Supreme Court under R45. The appeal may raise questions of fact or law
or both.
 The filing of the petition for the WHD shall not preclude the filing of separate criminal, civil,
or administrative actions.
 When a criminal action is filed subsequent to the filing of a petition for WHD, the
latter shall be consolidated with criminal action.
 When a criminal action and a separate civil action are filed subsequent to a petition
for a WHD, the petition shall be consolidated with the criminal action.
 The effect of filing criminal action, no separate petition for the WHD shall be filed. The relief
under the writ shall be available to an aggrieved party by motion in the criminal case.

WRIT OF KALIKASAN V. WRIT OF CONTINUING MANDAMUS

Writ of Kalikasan:

 Is available against an unlawful act or omission of public official or employee, or private

individual or entity, involving environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or provinces.

Writ of continuing Mandamus:

 Is directed against:
a. The unlawful neglect in the performance of an act specifically enjoined by law in
connection with the enforcement or violation of an environmental rule; or
 b. The unlawfully exclusion of another from the use or enjoyment of such right and in both
instances, there is no other plain, speedy and adequate remedy in the ordinary course of
law.
1. AS TO WHO MAY FILE:
Under WK:
a. Natural and juridical person;
b. Entities authorized by law; and
c. Public organization, non- government organization and public interest group on behalf
of persons whose right to a balanced and healthful ecology is violated or threatened to
be violated.
Under WCM:
a. Only persons personally aggrieved by the unlawful act or omission.
2. AS TO WHO THE RESPONDENT:
Under WK:
a. Public or private individual or entity.

Under WCM:
a. Government or its officer.
3. AS TO PAYMENT OF DOCKET FEES:
 Both are exempt from payment of docket fees.
4. AS TO VENUE:
Under WK:
 may be filed with the Supreme Court or Court of Appeals
Under WCM:
 may be filed with the Regional Trial Court exercising territorial jurisdiction, or the CA
or the SC
5. AS TO USE OF DISCOVERY MEASURES:
Under WK:
 Mentions ocular inspection and production or inspection order.
Under WCM:
 mentions no discovery measures.

Note: violation in environmental laws there is separate procedure, but of course subject to
suppletory application of Rules of Court, If no conflict. But in case conflict arises, Rules or provision
of environmental laws prevail.

Rule 103 V. Rule 108 V. RA 9048:

 No administrative correction underRA 9048 Such as, age, nationality and status, it shall be
judicial proceeding under R108 for the protection of affected party.
 Under RA 9048 as amended by RA 10172, subject of corrections:
1. Change of first name [R103]
2. Correction of clerical errors or typographical error.
3. Change or correct the day or month.
4. Sex
5. Entry of middle name [R108].
Note: the no. 1 correction can file a petition under R103, no. 5, file petition under R108 in case of
denial under administrative corrections. The remedy shall be appeal at the Civil Registrar General.
Other corrections [nos. 2,3 and 4], the jurisprudence is silence with that.

Q: Where would be the venue if all the 5 above mention corrections are present?

A: in Felix case, during administrative and judicial correction, can file directly to R103 or R108 as the
case maybe, because anyway administrative correction is where the exhaustion of administrative
remedies, in which non – compliance therewith does not affect jurisdiction of the court.

Q: Venue in R103 is where the party resides, while R108, venue is where the local civil registrar
located, in case both Rules are the subject of correction, what venue should prevail?

A: jurisprudence is silence with this matter. Doctrine of primary jurisdiction may apply???

 Gen rule, no blanket prohibition for married women to revert back using her maiden name
except, in passport.
 Petition for recognition and enforcement of foreign decree of divorce with cancellation or
correction of entry under R108.

MARRIAGE DISSOLUTION:
1. PRESUMPTIVE DEATH
2. RECOGNITION OF FOREIGN JUDGMENT
3. DECLARATION ABSOLUTE NULLITY OF MARRIAGE
4. ANNULMENT
5. LEGAL SEPARATION

PRESUMPTIVE DEATH:

 For purposes of opening the succession:

 Gen Rule, 10years from disappearance, except if the missing person is 75years old,
5years from disappearance; if with danger of death, 4years from disappearance.
 for purposes of remarry:
 Gen Rule, 4years from disappearance, if with danger of death 2years from
disappearance.
 Venue is where the Local Civil Registrar located.
 In order for the present spouse to remarry, the absence spouse must be declared first
presumptively death by the court.

DECLARATION OF FOREIGN JUDGMENT DIVORCE:

 Requirement at least one of the spouses was a non-Filipino at the time of divorce.
 Under 2nd par. Art. 26 Family Code, “where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the Filipino spouse shall have the capacity to
remarry under Philippine law”.
  Who may file the JRFD, may be instituted by a Filipino under Art 26 Family Code, however,
that courts do not take judicial notice of foreign judgment, hence, this should be proven as
facts, i.e:
1. Copy of the laws of foreign state must be presented with appended translations to
English or Filipino
2. The decree itself. (Corpus V. Sto. Tomas August 2010.
 Venue:
 Petition for Judicial Recognition of Foreign divorce, shall be filed before the RTC in
the province where the corresponding civil registry to be corrected is located.
 Publication:
 The Court will order to publish in a random newspaper of general circulation once a
week for three weeks.
 The entire process is akin to a normal court proceeding where witnesses are to be presented
and judicial affidavits and other court documents are to be prepared.

LEGAL SEPARATION V. ANNULMENT V. DECLARATION OF NULLITY OF

MARRIAGE:

LEGAL SEPARATION ANNULMENT DECLARATION OF NULLITY

OF MARRIAGE

Is a court case that ends Consider the marriage valid Applies to marriage that are
marital obligations and and existing until it is null and void from the
divides property relations annulled. beginning, due to absence
between the spouses, but of at least one of the
the marriage bond is not essential or formal requisite
dissolve. of marriages

Grounds 1. Repeated physical Must have been existing at 1. Void marriages due
violence; the time of marriage which to lack of requisite
2. Moral pressure to include: (Art. 35,FC);
compel the 1. Lack of parental 2. Void marriages due
petitioner to consent (Art. 45,[1], to psychological
change religious FC); incapacity ( Art. 36,
or political 2. Insanity (Art. 45 [2] FC);
affiliation; FC); 3. Incestuous
3. Attempt to 3. Fraud (art. 45 [3], marriages (Art. 37,
corrupt or induce FC); FC);
a common child or 4. Duress (Art. 45[4] 4. Marriages against
a child of the FC); public policy ( Art.
petitioner to 5. Impotence (Art. 38,FC);
engage in 45[5] FC); and 5. Bigamous
prostitution or 6. Serious incurable marriages ( Art.
connivance in STD (Art. 45[6] FC). 41,FC);
such corruption or 6. Void subsequent
inducement; marriage
4. Final judgment
sentencing the
 respondent to
imprisonment of
more than 6years,
even if pardoned;
5. Drug addiction or
habitual
alcoholism;
6. Lesbianism or
homosexuality;
7. Bigamous
marriage whether
in or outside the
Philippines;
8. Sexual infidelity or
perversion;
9. Abandonment
without justifiable
cause for more
than 1year; or
10. Attempt on the
life.
Prescripti Within 5 year period from
on the discovery of the ground
or from the date of
marriage.
Venue RTC of the province or city
where the petitioner has
been living for at least the
past 6months
Can No Yes. Yes.
Remarry
Children Legitimate Legitimate Illegitimate if the ground is
psychological incapacity.
Property Properties acquired before
Relations and during their union will
be dissolved and liquidated.