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PART I

I. General Principles

1. Is Sec. 23 of RA No. 9165 which prohibits plea bargaining unconstitutional for being contrary
to the rule-making authority of the Supreme Court?
Yes. While the power to define, prescribe, and apportion the jurisdiction of the various courts is, by
constitutional design, vested unto Congress, the power to promulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts
belongs exclusively to this Court. (Estipona vs. Lobrigo, GR 226679, August 15, 2017)

2. Is a provision in a law which limits the remedy against "decision or findings" of the
Ombudsman in administrative cases to Rule 45, unconstitutional for being contrary to the
rule-making authority of the Supreme Court?
Yes. It trampled on the rule-making powers of the Supreme Court by: (a) prescribing the mode of
appeal, which was by Rule 45 of the Rules of Court, for all cases whether final or not; and (b)
rendering nugatory the certiorari jurisdiction of the CA over incidents arising from administrative
cases. As to final decisions or orders of the Ombudsman in non-administrative or criminal cases,
CA does not have jurisdiction, and the remedy of the aggrieved parties is to file a petition for
certiorari under Rule 65 with the Supreme Court. (Gatchalian vs. Office of the Ombudsman, GR 229288, August
1, 2018, J. Caguioa)

3. May a private citizen invoke the power of the Supreme Court to promulgate rules of
procedure, presumably to extend the relief of SLAPP to cases filed against victims of
domestic violence in the context of R.A. No. 9262?
No. The Supreme Court, being plenary in nature, cannot be called upon by a private citizen to
exercise its rule-making power in a particular manner, especially through the vehicle of a petition
for certiorari or prohibition, which is intended for an entirely different purpose. (Mercado vs. Lopena,
GR 2301770, June 6, 2018, J. Caguioa)

4. Is direct petition to the Court for the issuance of a writ of kalikasan an exception to rule on
hierarchy of courts?
Yes. Under the Rules of Procedure for Environmental Cases (RPEC), the writ of kalikasan is an
extraordinary remedy covering environmental damage of such magnitude that will prejudice the
life, health, or property of inhabitants in two or more cities or provinces. At the very least, the
magnitude of the ecological problems contemplated under the RPEC satisfies at least one of the
exceptions to the rule on hierarchy of courts, as when direct resort is allowed where it is dictated
by public welfare. Given that the RPEC allows direct resort to this Court, it is ultimately within the
Court's discretion whether to accept petitions brought directly before it. (Segovia vs. Climate Change
Commission, GR 211010, March 27, 2017, J. Caguioa)

5. What is the Principle of Non-Interference/Judicial Stability?

No court has the power to interfere by injunction with the judgments or decrees of a court of
concurrent or coordinate jurisdiction. Its observance is not required on the grounds of judicial comity
and courtesy alone; it is enforced to prevent unseemly, expensive, and dangerous conflicts of
jurisdiction and of processes. (Dy Chiao v. Bolivar, G.R. No. 192491, 2016)

6. What are courts of general jurisdiction?

Courts of general jurisdiction are those with competence to decide on their own jurisdiction and to
take cognizance of all cases, civil and criminal, of a particular nature. A court may also be
considered general if it has the competence to exercise jurisdiction over cases not falling within the
jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions.

7. Will an intra-corporate dispute filed before a RTC not designated as a Special Commercial
Court be dismissed for lack of jurisdiction?
No. The designation of Special Commercial Courts is merely an incident related to the court's
exercise of jurisdiction which is distinct from the concept of jurisdiction over the subject matter. The
RTC's general jurisdiction is therefore not abdicated by an internal rule streamlining court
procedure. (Ku v. RCBC Securities, G.R. No. 219491, Oct. 17, 2018)

8. Does the RTC have jurisdiction over the nullification and cancellation of the Certificate of
Ancestral Land Title (CALT) and OCT which were both issued through an En Banc
Resolution of the NCIP?
Yes. Actions for cancellation of title and reversion belong to the class of cases that “involve the title
to, or possession of, real property, or any interest therein” which is within the jurisdiction of the RTC
under B.P. 129. Although a dispute involves the rights of a member of a tribe, the complaint
involves non-ICCs/IPs such as the Republic, the Register of Deeds of Baguio, and even the LRA.
The NCIP cannot rule on the rights of non-ICCs/IPs which should be brought before a court of
general jurisdiction. (Republic v. Heirs of Ikan Paus, GR 201273, August 14, 2019, J. Caguioa)

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 9. Continuity of jurisdiction.
It is settled jurisprudence that what determines the nature of an action as well as which court or
body has jurisdiction over it are the allegations of the complaint and the character of the relief
sought, whether or not plaintiff is entitled to any and all of the reliefs prayed for. Once jurisdiction
is vested, the same is retained up to the end of the litigation. (Dela Rosa v. Roldan, G.R. No. 133882,
September 5, 2006)

10. Will non-referral of a case for barangay conciliation affect the jurisdiction of the court over
the subject matter and over the defendant once acquired?
No. Although mandatory, the Court explained that non-referral of a case for barangay conciliation
when so required under the law is not jurisdictional in nature and may therefore be deemed waived
if not raised seasonably in a motion to dismiss or in a responsive pleading. (Sps. Belvis v. Sps. Erola,
G.R. No. 239727, July 24, 2019, J. Caguioa)

II. Civil Procedure

11. What are the instances the court relaxes the Rules to serve substantial justice?
This Court has relaxed this rule in order to serve substantial justice considering (a) matters of life,
liberty, honor or property, (b) the existence of special or compelling circumstances, (c) the merits
of the case, (d) a cause not entirely attributable to the fault or negligence of the party favored by
the suspension of the rules, (e) a lack of any showing that the review sought is merely frivolous and
dilatory, and (f) the other party will not be unjustly prejudiced thereby. (Lukban vs. Morales, G.R. No.
238563, February 12, 2020)

12. Can a Decision in Division rendered by the Supreme Court overturn a Decision En Banc?
No. The Constitution provides that no doctrine or principle of law laid down by the Court in a
decision rendered En Banc may be modified or reversed except by the Court sitting En Banc. (Treyes
vs. Larlar, et al., G.R. No. 232579, September 08, 2020, J. Caguioa)

13. X claims ownership over the land and the condominium unit by merely alleging that he is
an heir of the original owners who are Indian nationals. No stipulations, admissions or
evidence have yet been presented. Can the court dismiss the case for lack of cause of action
or failure to state a cause of action?
The court can dismiss the case for failure to state cause of action. Failure to state a cause of action
refers to the insufficiency of the allegations in the pleading, while lack of cause of action refers to
the insufficiency of the factual basis for the action. Lack of cause of action could not have been the
basis for the dismissal of the instant action considering that no stipulations, admissions or evidence
have yet been presented. The elementary test for failure to state a cause of action is whether the
complaint alleges facts which if true would justify the relief demanded. (Heirs of Sadhwani v. Sadhwani,
G.R. No. 217365, August 14, 2019, J. Caguioa)

14. Can a creditor-mortgagee file a complaint for payment of debt and then a complaint for
foreclosure of the mortgage?
No. If two or more suits are instituted on the basis of the same cause of action, the filing of one or
a judgment upon the merits in anyone is available as a ground for the dismissal of the others. A
creditor-mortgagee cannot split up his single cause of action by filing a complaint for payment of
the debt, and thereafter another complaint for foreclosure of the mortgage. (Rule 2, Section 4, ROC;
Pineda v. De Vega, G.R. No. 233774, 10 April 2019, J. Caguioa)

15. May the estate or heirs of a deceased be named as additional defendant in a Motion for
Leave to Admit Amended Complaint?
No. A deceased person does not have the capacity to be sued and may not be made a defendant
in a case. Section 1, Rule 3 of the Revised Rules of Court unequivocally states that "only natural
or juridical persons, or entities authorized by law may be parties in a civil action." A deceased
person or his estate may not be impleaded as defendant in a civil action as they lack legal
personality. (Gaffney v. Butler, G.R. No. 219408, Nov. 8, 2017, J. Caguioa)

16. What is the effect of non-joinder of indispensable parties?

The non-joinder of indispensable parties is not a ground for the dismissal of an action. At any stage
of a judicial proceeding and/or at such times as are just, parties may be added on the motion of a
party or on the initiative of the tribunal concerned. If the plaintiff refuses to implead an indispensable
party despite the order of the court, that court may dismiss the complaint for the plaintiff’s failure to
comply with the order. (Golden Boracay Realty, Inc. vs. Pelayo, G.R. No. 219446, July 14, 2021, J. Caguioa)

However, the joinder of all indispensable parties is a condition sine qua non of the exercise of
judicial power. The absence of an indispensable party renders all subsequent actions of the court
null and void for want of authority to act, not only as to the absent parties but even as to those
present. If, for instance, the suit involves a co-owned property, all the co-owners are indispensable
parties and thus their absence renders court actions void. (Fernando v. Paguyo, G.R. No. 237871, Sep. 18,
2019, J. Caguioa)

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17. What are the requisites of class suit?
The necessary elements for the maintenance of a class suit are: (a) the subject matter of
controversy is one of common or general interest to many persons; (b) the parties affected are so
numerous that it is impracticable to bring them all to court; and (c) the parties bringing the class
suit are sufficiently numerous or representative of the class and can fully protect the interests of all
concerned. (Juana Complex I Homeowners Association, Inc. v Fil-Estate Land, Inc., G.R. No. 152272, March 05, 2012)

18. Will the failure of the counsel to comply with his duty to inform the court of the death of his
client, such that no substitution is effected, invalidate the proceedings and the judgment
rendered thereon?
No. Mere failure to substitute a deceased party is not sufficient ground to nullify a trial court's
decision. The party alleging nullity must prove that there was an undeniable violation of due
process. Strictly speaking, the rule on substitution by heirs is not a matter of jurisdiction, but a
requirement of due process. Thus, it is only when there is a denial of due process, as when the
deceased is not represented by any legal representative or heir, that the court nullifies the trial
proceedings and the resulting judgment therein. (Napere v. Barbarona, G.R. No. 160426, January 31, 2008;
Sps. Rebamonte v. Sps. Lucero, G.R. No. 237812, Oct. 2, 2019, J. Caguioa)

19. YBC filed an action against ABC for the construction of a building. The only evidence
showing YBC's alleged monetary claims against ABC was its Accomplishment Billing. Is the
Accomplishment Billing an actionable document?
No. To clarify, not all documents or instruments attached or annexed to the complaint, or the answer
are actionable documents. If there was a written building or construction contract that was executed
between ABC and YBC, then that would be the actionable document because its terms and
stipulations would spell out the rights and obligations of the parties. Clearly, the subject
Accomplishment Billing is not an actionable document contemplated by the Rules but is merely
evidentiary in nature. (Young Builders vs. Benson Industries, GR 198998, June 19, 2019, J. Caguioa)

20. Does failure to pay the required docket fees lead to the dismissal of the counterclaim?
No. It has long been settled that while the court acquires jurisdiction over any case only upon the
payment of the prescribed docket fees, its non-payment at the time of filing of the initiatory pleading
does not automatically cause its dismissal provided that: (a) the fees are paid within a reasonable
period; and (b) there was no intention on the part of the claimant to defraud the government. (Sy-
Vargas vs. Estate of Ogsos, GR 221062, Oct. 5, 2016)

21. What are the rules on forum shopping?

Definition of forum It is committed by a party who institutes two or more suits involving
shopping the same parties for the same cause of action, either simultaneously
or successively, on the supposition that one or the other court would
make a favorable disposition or increase a party's chances of
obtaining a favorable decision or action.
Two rules on forum a. Compliance with the certificate of forum shopping;
shopping provided in b. Avoidance of the act of forum shopping itself.
Rule 7, Section 5 These two rules are separate and independent from each other.
Ways forum shopping a. Filing multiple cases based on the same cause of action and with
can be committed the same prayer, the previous case not having been resolved yet
(where the ground for dismissal is litis pendentia).
b. Filing multiple cases based on the same cause of action and the
same prayer, the previous case having been finally resolved (where
the ground for dismissal is res judicata); and
c. Filing multiple cases based on the same cause of action but with
different prayers (splitting of causes of action, where the ground for
dismissal is also either litis pendentia or res judicata).
When forum shopping Both actions must involve the same transaction, same essential facts
exists and circumstances and must raise identical causes of action, subject
matter and issues. Clearly, it does not exist where different orders
were questioned, two distinct causes of action and issues were
raised, and two objectives were sought.
Rule on non-signing According to Section 5, Rule 7 of the Rules of Court, it is the plaintiff
of a party-pleader in or principal party who should execute the certification of non-forum
the certification of shopping under oath. However, if, for reasonable or justifiable
Non-Forum Shopping reasons, the party-pleader is unable to sign the certification, another
person may be authorized to execute the certification on his or her
behalf through a Special Power of Attorney, such when a senior
citizen was suffering from sickness while in London, at around the
time of the filing of the petition, disabling her from traveling to the

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 Philippine Embassy to personally execute a certification of non-forum
shopping.
(Heirs of Inocentes v. Morada, GR 214526, Nov. 3, 2020, J. Caguioa; Alma Jose vs. Javellana, GR 158239, January 25,
2021; Dizon v. Matti, Jr. G.R. No. 215614, March 27, 2019, J. Caguioa)

22. Differentiate non-compliance with the requirement on, or submission of defective,

verification and certification against forum shopping.
Verification Certification against forum shopping
Non-compliance therewith or a defect therein does Non-compliance therewith or a defect
not necessarily render the pleading fatally therein is generally not curable by its
defective. The court may order its submission or subsequent submission or correction
correction or act on the pleading if the attending thereof, unless there is a need to relax the
circumstances are such that strict compliance with Rule on the ground of "substantial
the Rule may be dispensed with in order that the compliance" or presence of "special
ends of justice may be served thereby. circumstances or compelling reasons."
(Fuji Television v. Espiritu, GR 204944-45, Dec. 3, 2014)

23. Does X’s belated submission of an authorization for the execution of a certificate of non-
forum shopping constitute substantial compliance with Rule 7 of the Rules of Court?
Yes. While it is true that at the time of the filing of the Petition, a Special Power of Attorney
authorizing X to execute the Certification was not attached, the belated submission of an
authorization for the execution of a certificate of non-forum shopping constitutes substantial
compliance. (Dizon v. Matti, Jr. G.R. No. 215614, March 27, 2019, J. Caguioa)

24. What are the requirements before res judicata can apply?
For the principle to apply: (a) the issue or fact sought to be precluded must be identical to the issue
or fact actually determined in a former suit; (b) the party to be precluded must be party to or was
in privity with a party to the former proceeding; (c) there was final judgment on the merits in the
former proceedings; and (d) in compliance with the basic tenet of due process, that the party against
whom the principle is asserted must have had full and fair opportunity to litigate issues in the
prior proceedings. (Republic vs. Roguza Development Corporation, 899 SCRA 557, G.R. No. 199705 April 3, 2019, J.
Caguioa)

25. Distinguish the dual aspect of res judicata: bar by former judgment and conclusiveness of
judgment.
Bar by former judgment Conclusiveness of judgment
Requires identity of parties, subject matter, and There is only identity of parties and subject
causes of action. matter; causes of action are different.
Claim preclusion. Issue preclusion.
Absolute bar to: (a) all matters directly adjudged; Conclusive as to matters directly adjudged
and (b) those that might have been adjudged. and actually litigated.

26. What is litis pendentia? What is its underlying principle?

Litis pendentia as a ground for the dismissal of a civil action refers to that situation wherein another
action is pending between the same parties for the same cause of action, such that the second
action becomes unnecessary and vexatious. The underlying principle of litis pendentia is the theory
that a party is not allowed to vex another more than once regarding the same subject matter and
for the same cause of action. (Pfleider vs. Court of Appeals Cebu City, 885 SCRA 209, G.R. No. 196058 November
12, 2018, J. Caguioa)

27. Can parties plead as many separate claims as they may have?
Yes. A complaint which contains two or more alternative causes of action cannot be dismissed
where one of them clearly states a sufficient cause of action against the defendant, as stated under
Rule 8, Section 2 of the Rules of Civil Procedure. In determining the sufficiency of the complaint
and whether it should be allowed to proceed to trial, analysis of each alternative cause of action
alleged is necessary, as the sufficiency of one precludes its outright dismissal. (Gatmaytan v. Misibis
Land, G.R. No. 222166, June 10, 2020, J. Caguioa)

28. What are the periods for filing responsive pleadings?

Pleading Period
Answer to the Natural person Within 30 calendar days after service of summons,
complaint. unless a different period is fixed by the court.
Foreign private With a resident agent - 30 calendar days.
juridical entity Not a resident agent – 60 calendar days after
receipt of summons.
Answer to Amended As a matter of 30 calendar days after service.
Complaint. right

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 Not a matter of 15 calendar days after notice of the order admitting
right the same.
Reply 15 calendar days from service of the pleading.
(Rule 11, Secs. 1-6, 9; Rule 12, Sec 1; Rule 19, Sec 4)

29. What are the rules on service of summons?

Natural Personal a. By handing a copy thereof to the defendant in person and
Person informing the defendant that he or she is being served; or,
b. If he or she refuses to receive and sign for it, by leaving the
summons within the view and in the presence of the
defendant
Substituted Failure of after at least three (3) attempts on two (2) different
dates, service may be effected:
a. By leaving copies of the summons at the defendant’s
residence to a person at least eighteen (18) years of age and
of sufficient discretion residing therein;
b. By leaving copies of the summons at [the] defendant’s
office or regular place of business with some competent
person in charge thereof. A competent person includes, but
is not limited to, one who customarily receives
correspondences for the defendant;
c. By leaving copies of the summons, if refused entry upon
making his or her authority and purpose known, with any of
the officers of the homeowners’ association or condominium
corporation, or its chief security officer in charge of the
community or the building where the defendant may be found;
d. By sending an electronic mail to the defendant’s electronic
mail address, if allowed by the court.
Extraterritorial Service may, by leave of court, be effected out of the
Philippines:
a. By personal service (see above);
b. As provided for in international conventions to which the
Philippines is a party;
c. By publication in a newspaper of general circulation in such
places and for such time as the court may order in which case
a copy of the summons and order of the court shall be sent
by registered mail to the last known address of the defendant;
or
d. In any other manner the court may deem sufficient
Note: Also applies to residents temporarily out of the
Philippines, by leave of court
Juridical Domestic a. The president, managing partner, general manager,
corporate secretary, treasurer, or in- house counsel of the
corporation wherever they may be found;
b. In their absence or unavailability, on their secretaries; or
c. If the service cannot be made upon any of the foregoing
persons, it shall be made upon the person who customarily
receives the correspondence for the defendant at its principal
office.
Foreign a. Its resident agent designated in accordance with law for
(Doing Business) that purpose; or
b. If there be no such agent, on the government official
designated by law to that effect; or
c. Any of its officers, agents, directors or trustees within the
Philippines
Foreign a. By personal service coursed through the appropriate
(Not Registered) court in the foreign country with the assistance of the DFA;
b. By publication once in a newspaper of general circulation
in the country where the defendant may be found and by
serving a copy of the summons and the court order by
registered mail at the last known address of the defendant;
c. By facsimile;
d. By electronic means with the prescribed proof of service;
or
e. By such other means as the court, in its discretion, may
direct

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 Entity without a. Upon any one of them; or
juridical b. Upon the person in charge of the office or place of business
personality maintained in such name.
But such service shall not bind individually any person whose
connection with the entity has, upon due notice, been severed
before the action was filed.
Prisoner Service shall be effected upon him or her by the officer having the management of
such jail or institution who is deemed as a special sheriff for said purpose. The jail
warden shall file a return within five (5) calendar days from service of summons to
the defendant.
Minors / a. Him or her personally; and
Incompet b. His or her legal guardian if he or she has one, or if none, upon his or her guardian
ent ad litem whose appointment shall be applied for by the plaintiff.
In the case of a minor, service shall be made on his or her parent or guardian.
Unknown Service may, by leave of court, be effected upon him or her by publication in a
newspaper of general circulation and in such places and for such time as the court
may order.
Public a. When the defendant is the Republic of the Philippines, service may be effected
Corporati on the Solicitor General;
on b. In case of a province, city or municipality, or like public corporations, service may
be effected on its executive head, or on such other officer or officers as the law or
the court may direct.
(Rule 14, Secs. 5-8, 10, 12, 14-18)

30. Will the fact that the TRO was received by the sheriff cure the failure to have the summons
served?
No. Failure to serve the summons after the issuance of the assailed 72-hour TRO cannot be cured
by his claim that it was received by the sheriff, the person enjoined from implementing the writ of
possession. (PI TWO v. Mendoza, A.M. No. RTJ-2538, Nov. 21, 2018, J. Caguioa)

31. Will the previous summons received by the sheriff remain valid notwithstanding that the
complaint was amended and admitted?
No. The previous summons received by the sheriff is no longer valid considering that the complaint
was amended and admitted. (PI TWO v. Mendoza, A.M. No. RTJ-2538, Nov. 21, 2018, J. Caguioa)

32. What are the prohibited motions under the Revised Rules on Civil Procedure?
a. Motion to dismiss, except for certain grounds;
b. Motion to hear affirmative defenses;
c. Motion for reconsideration of the court's action on the affirmative defenses;
d. Motion to suspend proceedings without a temporary restraining order or injunction issued
by a higher court;
e. Motion for extension of time to file pleadings, affidavits or any other papers, except a motion
for extension to file an answer;
f. Motion for postponement intended for delay, except if it is based on acts of God, force
majeure or physical inability of the witness to appear and testify. (Sec. 12, Rule 15)

33. What are the requirements for the two-dismissal rule to apply?
Two-dismissal operates as an adjudication upon the merits. The requirements for the application
of the two-dismissal rule under Sec. 1 Rule 17 are: (a) there was a previous case that was
dismissed by a competent court; (b) both cases were based on or include the same claim; (c) both
notices for dismissal were filed by the plaintiff; and (d) the motion to dismiss filed by the plaintiff
was consented to by the defendant on the ground that the latter paid and satisfied all the claims of
the former. (Ramon Ching and Powing Properties, Inc. v. Cheng, G.R. No. 175507, October 8, 2014)

34. Distinguish a dismissal with prejudice from a dismissal without prejudice.

The former disallows and bars the refiling of the complaint, whereas the same cannot be said of a
dismissal without prejudice. Likewise, where the law permits, a dismissal with prejudice is subject
to the right of appeal.

Dismissal with prejudice Dismissal without prejudice

a) That the cause of action is barred by prior
judgment or by statute of limitation;
b) That the claim or demand set forth in the
plaintiff’s pleading has been paid, waived,
abandoned, or otherwise extinguished;
(a) That the court has no jurisdiction over the
person of the defending party;
(b) That the court has no jurisdiction over the
subject matter of the claim;
(c) That venue is improperly laid;

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 c) That the claim on which the action is (d) That the plaintiff has no legal capacity to
founded is unenforceable under the provisions sue; (e) That there is another action pending
of the statute of frauds. between the same parties for the same cause;
(f) That the pleading asserting the claim states
no cause of action;
(g) That a condition precedent for filing the
claim has not been complied with.
Bars the refiling of the complaint. May still refile.
(Pillars Property Corporation vs. Century Communities Corporation, GR 201021, March 4, 2019, J. Caguioa)

35. What are the requisites of newly discovered evidence?

The requisites for the introduction of newly discovered evidence are: (a) the evidence was
discovered after trial; (b) such evidence could not have been discovered and produced at the trial
even with the exercise of reasonable diligence; (c) it is material, not merely cumulative,
corroborative, or impeaching; and (d) the evidence is of such weight that it would probably change
the judgment if admitted. If the alleged evidence could have very well been presented during the
trial with the exercise of reasonable diligence, the same could not be considered newly discovered
evidence. (Mandin-Trotin vs. Bongco, G.R. No. 212840, August 28, 2019, J. Caguioa)

36. Distinguish Demurrer to Evidence in Civil and Criminal Cases.

Civil Actions Criminal Actions
Filed after the plaintiff has Filed after the prosecution rests its case.
completed the presentation of
his or her evidence.
The case is dismissed. It shall result in the acquittal of the accused.
Upon the facts and the law, Insufficiency of evidence
the plaintiff has shown no right
to relief.
The defendant shall have the If the court denies the demurrer to evidence filed with leave of
right to present evidence. court, the accused may adduce evidence in his defense.
When the demurrer to evidence is filed without leave of court,
the accused waives the right to present evidence and submits
the case for judgment on the basis of the evidence for the
prosecution.
There is no need for leave of May be filed by the accused with or without leave of court.
court.
(Rule 33, Civil Procedure; Rule 119, Criminal Procedure)

37. Distinguish Judgment on the Pleadings (Rule 34) and Summary Judgment (Rule 35)
Judgment on the pleadings Summary judgment
Based on the pleadings alone. Based on the pleadings, affidavits, depositions and
admissions.
Absence of a factual issue in the Involves an issue, but the issue is not genuine.
case because the answer tenders
no issue at all.
May be ordered motu proprio by the court.
Only the claiming party can file Can be filed by either the claiming or the defending party.
the motion
Can only be initiated when an If filed by the plaintiff, it must be filed at any time after an
answer has already been filed answer is served; If filed by the defending party, it may be
filed at any time even before there is an answer.
(Rule 34, Sec 1; Rule 35, Secs. 1-2; Rule 18, Sec. 10)

IV. Special Civil Actions

38. Distinguish between Petition for Certiorari under Rule 64 and 65.
Rule 64 Rule 65
It is directed only against the judgments, final orders or It is directed against any tribunal,
resolutions of the COMELEC and COA. board, or officer exercising judicial or
quasi-judicial functions.
The period to file is within 30 days from the notice. The period to file is within 60 days from
the notice.
The filing of a motion for reconsideration or new trial The filing of a motion for
interrupts the period. reconsideration or new trial does not
interrupt the period.
If the motion is denied, the aggrieved party may file the If the motion is denied, the period to file
petition within the remaining period, but which shall not the petition is within 60 days from the
notice of denial.

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 be less than 5 days reckoned from the notice of the
denial.
It is always filed before the Supreme Court. It may be filed before the Supreme
Court, Court of Appeals,
Sandiganbayan, and Regional Trial
Court.
(Espejo, 2021)

39. Explain the concept of grave abuse of discretion.

Grave abuse of discretion exists when there is an evasion of a positive duty or a virtual refusal to
perform a duty enjoined by law or to act in contemplation of law as when the judgment rendered is
not based on law and evidence, but on caprice, whim, and despotism. (Genuino vs. COA, G.R. No.
230818, June 15, 2021)

40. What is the rule on filing a motion for reconsideration before a petition for certiorari and its
exceptions?
The general rule is that a motion for reconsideration is a sine qua non condition for the filing of a
petition for certiorari. There are, however, recognized exceptions to this rule, namely: (a) where the
order is a patent nullity, as where the Court a quo had no jurisdiction; (b) where the questions raised
in the certiorari proceeding have been duly raised and passed upon by the lower court, or are the
same as those raised and passed upon in the lower court; (c) where there is an urgent necessity
for the resolution of the question and any further delay would prejudice the interests of the
Government or of the petitioner or the subject matter of the action is perishable; (d) where, under
the circumstances, a motion for reconsideration would be useless; (e) where petitioner was
deprived of due process and there is extreme urgency for relief; (f) where, in a criminal case, relief
from an order of arrest is urgent and the granting of such relief by the trial court is improbable; (g)
where the proceedings in the lower court are a nullity for lack of due process; (h) where the
proceedings [were] ex parte or in which the petitioner had no opportunity to object; and (i) where
the issue raised is one purely of law or where public interest is involved. (Banco Filipino v. BSP, G.R. No.
200678, June 04, 2018)

41. Can petitions for certiorari and prohibition be filed against the acts of legislative and
executive officials?
Yes. Petitions for certiorari and prohibition filed before the Court are appropriate remedies to raise
constitutional issues and to review and/or prohibit or nullify the acts of legislative and executive
officials. (Yaphockun, et al. vs. PRC, G.R. No. 213314 & G.R. No. 214432, March 23, 2021)

42. Does the Supreme Court have jurisdiction over petition for quo warranto against an
impeachable officer?
Yes. The Court's quo warranto jurisdiction over impeachable officers also finds basis in paragraph
7, Section 4, Article VII of the Constitution which designates it as the sole judge of the qualifications
of the President and Vice-President, both of whom are impeachable officers. With this authority,
the remedy of quo warranto was provided in the rules of the Court sitting as the Presidential
Electoral Tribunal (PET). (Republic of the Philippines vs. Sereno, G.R. No. 237428, May 11, 2018)

43. Distinguish judicial and extrajudicial foreclosure.

Judicial Foreclosure Extrajudicial Foreclosure
An action is initiated by filing a complaint. No action need to be filed.
Equity of redemption. Right of redemption
The mortgagee can move for deficiency The mortgagee has to file a separate action to
judgment in the same action. recover any deficiency.
The buyer will be the absolute owner after The buyer will be the absolute owner upon
confirmation of the sale. consolidation of ownership.
No need for a special power to sell. A special power to sell is required.
(Espejo, 2021)

44. Distinguish Equity of Redemption and Right of Redemption.

Equity of Redemption Right of Redemption
Judicial foreclosure Extra-judicial foreclosure
The mortgagor may exercise his equity of redemption during The mortgagor may exercise
the period of not less than 90 days nor more than 120 days his right of redemption within
after the entry of judgment of foreclosure or even after the one (1) year after the
foreclosure sale but prior to judicial confirmation of the sale. registration of the sale in the
Office of the Registry of Deeds.
Juridical persons whose property is being sold pursuant to an It may be available even in
extrajudicial foreclosure, shall have the right to redeem the judicial foreclosures where the
property in accordance with this provision until, but not after, mortgagee is a bank.
the registration of the certificate of foreclosure sale with the

9
 applicable Register of Deeds which in no case shall be more
than three (3) months after foreclosure, whichever is earlier.
(Espejo, 2021; Section 47, RA No. 8791)

45. Distinguish Accion Interdictal, Accion Publiciana and Accion Reindivicatoria.

Accion interdictal Accion publiciana Accion Reivindicatoria
A summary action for the An ordinary civil proceeding to An action whereby plaintiff
recovery of physical determine the better right of alleges ownership over a parcel
possession. possession of realty of land and seeks recovery of its
independently of title. full possession.
Dispossession has lasted Dispossession has lasted for The period of dispossession is
for not more than one year more than one year immaterial.
Jurisdiction is with the Jurisdiction depends upon the assessed value of the property.
MTC, regardless of the
amount of the assessed
value.
(Espejo, 2021; Cullado v. Gutierrez, G.R. No. 212938, 2019)

46. Can the MTC pass on the issue of ownership in an ejectment suit?
Yes. The issue of whether the attack on a Torrens title is collateral or direct is immaterial in forcible
entry and unlawful detainer cases because the resolution of the issue of ownership is allowed by
the Rules of Court on a provisional basis only. To repeat: when the issue of ownership is raised by
the defendant in his pleadings and the question of possession cannot be resolved without deciding
the issue of ownership, the issue of ownership shall be resolved only to determine the issue of
possession. (Cullado vs. Gutierrez, G.R. No. 212938, July 30, 2019)

47. Distinguish unlawful detainer and forcible entry.

Unlawful Detainer Forcible Entry
A person unlawfully withholds possession after A person is deprived of the physical
the expiration or termination of the right to possession of the property by means of force,
possess under an express or implied contract. intimidation, threat, strategy, or stealth.
The possession was initially lawful that became The possession is unlawful from the
unlawful. beginning.
There is no need for proof of prior physical There is a need for proof of prior physical
possession. possession.
The reckoning point is counted from the date of The reckoning point is counted from the date
last demand to vacate. of actual entry of the land, except when the
entry is through stealth (plaintiff learned).
Demand to vacate is necessary and jurisdiction. Demand is not necessary.
(Espejo, 2021)

48. May a co-owner bring an ejectment action without joining the other co-owners?
Yes. A co-heir or co-owner may bring suit without impleading all the other co-owners if the suit is
for the benefit of all. As long as the co-owner recognizes the co-ownership, there is no need to
implead all the co-owners in all kinds of action for recovery of possession. Article 487 explicitly
states that any one of the co-owners may bring an action in ejectment. (Clemente v. Republic, GR No.
220008, Feb 20, 2019)

49. Distinguish direct contempt from indirect contempt.

Direct Contempt Indirect Contempt
In general, it is committed in the presence of It is not committed in the presence of the court,
or so near the court or judge as to obstruct but done at a distance which tends to belittle,
or interrupt the proceedings before it. degrade, obstruct or embarrass the court and
justice.
(Sections 2, 3 & 11, Rule 71)

50. Is certification against forum shopping required in special proceedings?

Yes. Special provisions under Part II of the Rules of Court govern special proceedings; but in the
absence of special provisions, the rules provided for in Part I of the Rules governing ordinary civil
actions shall be applicable to special proceedings, as far as practicable. (Sheker vs. Estate of Alice
Sheker, GR No. 157912, December 13, 2007)

51. What are the requisites of a writ of Kalikasan, amparo, and habeas data?
Writ Requisites
Writ of 1. There is an actual or threatened violation of the constitutional right to a
Kalikasan balanced and healthful ecology;
2. The actual or threatened violation arises from an unlawful act or omission of a
public official or employee, or private individual or entity;

10
 3. The actual or threatened violation involves or will lead to an environmental
damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces
Writ of Extralegal killings- killing committed without due process of law (i.e. without legal
Amparo safeguards or judicial proceedings)

Enforced Disappearances
Attended by the following circumstances:
1. Arrest/detention/abduction of a person by a government official or organized
groups or private individuals acting with the in/direct acquiescence of the State;
2. Carried out by or with the authorization, support or acquiescence of the State
or a political organization;
3. Refusal of the State to disclose the fate or whereabouts of the person
concerned, or refusal to acknowledge the deprivation of liberty, which places
such persons outside the protection of the law.
4. Intention is to remove the person from the protection of law for a prolonged
period of time.
Writ of In order for the privilege of the writ to be granted, there must exist a nexus
Habeas Data between the right to privacy on the one hand, and the right to life, liberty or
security on the other
(Segovia v. The Climate Change Commission, G.R. No. 211010, 2017; Navia v. Paradico, G.R. No. 18446, 2012; Manila
Electric Company v. Lim, G.R. No. 184769, 2010)

52. What reliefs may be granted in a Writ of Kalikasan?

The following reliefs may be granted:
a. Directing respondent to permanently cease and desist from committing acts or neglecting
the performance of a duty in violation of environmental laws resulting in environmental
destruction or damage;
b. Directing the respondent public official, govemment agency, private person or entity to
protect, preserve, rehabilitate or restore the environment;
c. Directing the respondent public official, government agency, private person or entity to
monitor strict compliance with the decision and orders of the court;
d. Directing the respondent public official, government agency, or private person or entity to
make periodic reports on the execution of the final judgment; and
e. Such other reliefs which relate to the right of the people to a balanced and healthful ecology
or to the protection, preservation, rehabilitation or restoration of the environment, except
the award of damages to individual petitioners. (Section 15, Rule 7, Rules of Procedure for
Environmental Cases)

53. Differences under Rule 103, Republic act no. 9048 and Rule 108
Rule 103 Rule 108 R.A. 9048
Substantial change of name Cancellation or Clerical Error Act
Correction of Entries in
the Civil Registry
Change of full name Change or corrections in Change of first name or
the ff entries in the Civil nickname, date of birth and
Registry: change of sex of a person
1. Births where it is patently clear there
2. Marriages was a clerical or typographical
3. Deaths error or mistake in the entry
4. Legal Separation
5. Judgments of
Annulments of
Marriage
6. Judgments Declaring
Void a
Marriage
7. Legitimations
8. Adoptions
9. Acknowledgment of
Natural
Children
10. Naturalization
11. Election
12. Loss or Recovery of
Citizenship
13. Civil Interdiction
14. Judicial
Determination of

11

RTC of the province where the
petitioner has been residing for 3
years prior to the filing of the
petition
a. When the name is ridiculous,
dishonorable or extremely difficult
to write or pronounce;
b. When the change results as a
legal consequence, as in
legitimation;
c. When the change will avoid
confusion;
d. Having continuously used and
been known since childhood by a
Filipino name, unaware of her
alien parentage;
e. A sincere desire to adopt a
Filipino name to erase signs of
former alienage, all in good faith
and without prejudicing anybody;
and
f. When the surname causes
embarrassment and there is no
showing that the desired change
of name was for a fraudulent
purpose or that the change of
name would prejudice public
interest.
(Republic v. Wong, G.R. No. 97906, 1992)
Filiation
RTC of the city or
province where the
corresponding civil
registry is located
Upon good and valid
grounds, the entries in
the civil registry may be
cancelled and corrected
a. Local civil registry office or
Clerk of the Shari’a Court where
the record being sought to be
corrected or changed is kept;
b. If petitioner has already
migrated to another place in the
country, petition-receiving civil
registrar of the place where the
interested party is presently
residing or domiciled; or
c. Citizens of the Philippines
who are presently residing or
domiciled in foreign countries;
nearest Philippine Consulates
a. The petitioner finds the first
name or nickname to be
ridiculous, tainted with dishonor
or extremely difficult to write or
pronounce;
b. The new first name or
nickname has been habitually
and continuously used by the
petitioner and he has been
publicly known by that by that
first name or nickname in the
community: or
c. The change will avoid
confusion.

VI. Criminal Procedure

54. What are the kinds of acquittal and its effect on the civil liability of a person?
First is an acquittal on the ground that the accused is not the author of the act or omission
complained of. This instance closes the door to civil liability, for a person who has been found to
be not the perpetrator of any act or omission cannot and can never be held liable for such act or
omission. There being no delict, civil liability ex delicto is out of the question, and the civil action, if
any, which may be instituted must be based on grounds other than the delict complained of. This
is the situation contemplated in Rule 111 of the Rules of Court. The second instance is an acquittal
based on reasonable doubt on the guilt of the accused. In this case, even if the guilt of the accused
has not been satisfactorily established, he is not exempt from civil liability which may be proved by
preponderance of evidence only. (De Leon, Jr. vs. Roqson Industrial Sales, Inc., G.R. No. 234329, November 23,
2021)

55. State the rules on the effect of death to the civil liability of the accused.
The Court summarized the rules in case the accused dies prior to final judgement:
a. Death of the accused pending appeal of his conviction extinguishes his criminal liability as
well as the civil liability based solely thereon.
b. Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the
same may also be predicated on a source of obligation other than delict.
c. Where the civil liability survives, as explained in Number 2 above, an action for recovery
therefor may be pursued but only by way of filing a separate civil action and subject to
Section 1, Rule III of the 1985 Rules on Criminal Procedure as amended. This separate
civil action may be enforced either against the executor/administrator or the estate of the
accused, depending on the source of obligation upon which the same is based as explained
above.
d. Finally, the private offended party need not fear a forfeiture of his right to file this separate
civil action by prescription, in cases where, during the prosecution of the criminal action

12
 and prior to its extinction, the private offended party instituted together therewith the civil
action. In such case, the statute of limitations on the civil liability is deemed interrupted
during the pendency of the criminal case, conformably with the provisions of Article 1155
of the Civil Code, that should thereby avoid any apprehension on a possible privation of
right by prescription. (Martel, et al. vs. People, G.R. No. 224720-23, February 02, 2021)

56. May Philippine courts exercise jurisdiction over an offense constituting psychological
violence under R.A. No. 9262, Anti-VAWC Act, committed through marital infidelity, when
the alleged illicit relationship occurred or is occurring outside the country?
Yes. R.A. No. 9262 contemplates that acts of violence against women and their children may
manifest as transitory or continuing crimes; meaning that some acts material and essential thereto
and requisite in their consummation occur in one municipality or territory, while some occur in
another. In such cases, the court wherein any of the crime's essential and material acts have been
committed maintains jurisdiction to try the case; it being understood that the first court taking
cognizance of the same excludes the other. Thus, a person charged with a continuing or transitory
crime may be validly tried in any municipality or territory where the offense was in part committed.
(AAA v. BBB, G.R. No. 212448, January 11, 2018)

57. What are the elements of a prejudicial question?

The elements of a prejudicial question are: (a) the previously instituted civil action involves an issue
similar or intimately related to the issue raised in the subsequent criminal action, and (b) the
resolution of such issue determines whether or not the criminal action may proceed. (Sec. 7, Rule 111)

58. Distinguish between Executive and Judicial determination of probable cause.

Executive Judicial
Probable cause refers to the existence of facts Probable cause refers to the existence of
and circumstances as would excite the belief in a such facts and circumstances that would
reasonable mind, acting on the facts within the lead a reasonably discreet and prudent
knowledge of the prosecutor, that the person person to believe that an offense has been
charged was guilty of the crime for which he was committed by the person sought to be
prosecuted. arrested.
For the filing of an information in court by For the issuance of a warrant to determine
determining whether there is reasonable ground whether there is necessity for placing the
to believe that the accused is guilty of the offense accused under immediate custody in order
charged and should be held for trial. not to frustrate the ends of justice.
This is based on reasonable ground to believe This is based on the report and the
that a crime has been committed. supporting documents and affidavits
submitted.
(People v. Castillo, 590 SCRA 95, 105-107; (Pestilos v. Generoso, G.R. No. 182601, November 10, 2014)

59. Does the waiver to question illegality of arrest carry with it the waiver of inadmissibility of
arrest?
No. The waiver to question an illegal arrest only affects the jurisdiction of the court over his person.
It is well-settled that a waiver of an illegal warrantless arrest does not carry with it a waiver of the
inadmissibility of evidence seized during an illegal warrantless arrest. (Franklin B. Vaporoso and Joelren
B. TulilIK v. People, G.R. No. 238659, June 3, 2019)

60. Bail as a matter of right v. Bail as a matter of discretion.

As a matter of right As a matter of discretion
a) Before or after conviction by the MeTC a) Before conviction, in cases, where the offense
and MTC; charged is punishable by reclusion perpetua or life
b) Before conviction by the RTC of an imprisonment, when evidence of guilt is not strong;
offense not punishable by death, b) After accused’s conviction by the Regional Trial
reclusion perpetua or life imprisonment. Court of an offense not punishable by death,
reclusion perpetua or life imprisonment.
(Sections 4 and 5, Rule 114)

61. What are the elements of double jeopardy and exceptions to double jeopardy?
Section 7, Rule 117 of the Rules of Court provides for the requisites for double jeopardy to set in:
(a) a first jeopardy attached prior to the second; (b) the first jeopardy has been validly terminated;
and (c) a second jeopardy is for the same offense as in the first. A first jeopardy attaches only (a)
after a valid indictment; (b) before a competent court; (c) after arraignment; (d) when a valid plea
has been entered; and (e) when the accused has been acquitted or convicted, or the case
dismissed or otherwise terminated without his express consent. (Philippine National Bank v. Soriano, G.R.
No. 164051, October 3, 2012)

The exceptions are: (a) Where there has been deprivation of due process and where there is a
finding of a mistrial, or (b) Where there has been a grave abuse of discretion under exceptional
circumstances. (People v. Pimentel, G.R. No. 223099, January 11, 2018)

13
62. What are the requisites of a valid search warrant?
The requisites are: (a) It must be issued upon "probable cause"; (b) probable cause must be
determined personally by the judge; (c) such judge must examine under oath or affirmation
the complainant and the witnesses he may produce; and (d) the warrant must particularly
describe the place to be searched and the persons or things to be seized. (People v. Tiu, G.R. No.
149878, July 1, 2003)

63. Does mere reception of a text message from an anonymous person suffice to create
probable cause that enables the authorities to conduct an extensive and intrusive search
without a search warrant?
No. Law enforcers cannot act solely on the basis of confidential or tipped information. A tip is still
hearsay no matter how reliable it may be. It is not sufficient to constitute probable cause in the
absence of any other circumstance that will arouse suspicion. (People v. Sapla, G.R. No. 244045. June 16,
2020, J. Caguioa)

64. Define the different kinds of Cybercrime Warrants.

Warrant to Warrant to Intercept Warrant to Warrant to Examine
Disclose Computer Data Search, Computer Data
Computer Data (WICD) Seize and (WECD)
(WDCD) Examine
Computer
Data
(WSSECD)
issue an order to carry out any or all of the search the search computer
disclose and following activities: (a) listening particular device or computer
accordingly, require to, (b) recording, (c) monitoring, place for system acquired
any person or or (d) surveillance of the content items to be through a lawful
service provider to of communications, including seized and/ or warrantless arrest ,
disclose or submit procuring of the content of examined. or by any other lawful
subscriber's computer data, either directly, method, for the
information, traffic through access and use of a purpose of obtaining
data, or relevant computer system or indirectly, for forensic
data in his/her or its through the use of electronic examination the
possession or eavesdropping or tapping computer data
control. devices, at the same time that contained therein.
the communication is occurring.
(The Rule on Cybercrime Warrants, AM No. 17-11-03-SC)

65. What are the prohibited motions under the Revised Guidelines for Continuous Trial of
Criminal Cases?
a. Motion for judicial determination of probable cause.
b. Motion for preliminary investigation filed beyond the five (5)-day reglementary period in
inquest proceedings under Sec. 6, Rule 112, or when preliminary investigation is required
under Sec. 8, Rule 112, or allowed in inquest proceedings and the accused failed to
participate in the preliminary investigation despite due notice.
c. Motion for reinvestigation of the prosecutor recommending the filing of information once
the information has been filed before the court (1) if the motion is filed without prior leave
of court; (2) when preliminary investigation is not required under Sec. 8, Rule 112; and (3)
when the regular preliminary investigation is required and has been actually conducted,
and the grounds relied upon in the motion are not meritorious, such as issues of credibility,
admissibility of evidence, innocence of the accused, or lack of due process when the
accused was actually notified, among others.
d. Motion to quash information when the ground is not one of those stated in Sec. 3, Rule
117.
e. Motion for bill of particulars that does not conform to Sec. 9, Rule 116.
f. Motion to suspend the arraignment based on grounds not stated under Sec. 11, Rule 116.
g. Petition to suspend the criminal action on the ground of prejudicial question, when no civil
case has been filed, pursuant to Sec. 7, Rule 111. (A.M. No.15-06-10-SC)

66. What are the meritorious motions under the Revised Guidelines for Continuous Trial of
Criminal Cases?
a. Motions that allege plausible grounds supported by relevant documents and/ or competent
evidence, except those that are already covered by the Revised Guidelines, are meritorious
motions, such as:
b. Motion to withdraw information, or to downgrade the charge in the original information, or
to exclude an accused originally charged therein, filed by the prosecution as a result of a
reinvestigation, reconsideration, and review;
c. Motion to quash warrant of arrest;

14
 d. Motion to suspend arraignment on the ground of an unsound mental condition under Sec.
ll (a), Rule 116;
e. Motion to suspend proceedings on the ground of a prejudicial question where a civil case
was filed prior to the criminal case under Sec. ll(b), Rule 116;
f. Motion to quash information on the grounds that the facts charged do not constitute an
offense, lack of jurisdiction, extinction of criminal action or liability, or double jeopardy under
Sec. 3, par. (a), (b), (g), and (i), Rule 117;
g. Motion to discharge accused as a state witness under Sec. 17, Rule 119;
h. Motion to quash search warrant under Sec. 14, Rule 126 or motion to suppress evidence;
and
i. Motion to dismiss on the ground that the criminal case is a Strategic Lawsuit Against Public
Participation (SLAPP) under Rule 6 of the Rules of Procedure for Environmental Cases.
(A.M. No.15-06-10-SC)

67. What is the prescriptive period for filing a motion for reconsideration of a meritorious motio
The motion for reconsideration of the resolution of a meritorious motion shall be filed within a non-
extendible period of five (5) calendar days from receipt of such resolution. (A.M. No.15-06-10-SC)

VII. Evidence

68. State the equipoise rule.

The equipoise rule provides that where the evidence in a criminal case is evenly balanced, the
constitutional, presumption of innocence tilts the scales in favor of the accused. (People v. Urzais, G.R.
No. 207662, April 13, 2016)

69. Enumerate the instances when the evidence obtained is excluded.

a. The right against unreasonable search and seizure;
b. The right to privacy of communication and correspondence, except upon lawful order of the
court or when public safety or order requires otherwise;
c. Right to counsel in obtaining a confession;
d. Right to be informed of Constitutional rights in obtaining a confession;
e. Right against torture, force, violence, threat, intimidation, or any other means which vitiate
the free will in obtaining a confession;
f. Right against self-incrimination. (Sections 2, 3, 12, 17, Art. III, 1987 Constitution)

70. State the original document rule and its exceptions.

When the subject of inquiry is the contents of a document, writing, recording, photograph or other
record, no evidence is admissible other than the original document itself. The exceptions are: (a)
when the original is lost or destroyed, or cannot be produced in court, without bad faith on the part
of the off eror; (b) 2hen the original is in the custody or under the control of the party against whom
the evidence is offered, and the latter fails to produce it after reasonable notice, or the original
cannot be obtained by local judicial processes or procedures; (c) 2hen the original consists of
numerous accounts or other documents which cannot be examined in court without great loss of
time and the fact sought to be established from them is only the general result of the whole; (d)
when the original is a public record in the custody of a public officer or is recorded in a public office;
and (e) when the original is not closely-related to a controlling issue. (Section 3, Rule 130, Rules of Court)

71. What is the parol evidence rule?

When the terms of an agreement have been reduced to writing, it is considered as containing all
the terms agreed upon and there can be, as between the parties and their successors in interest,
no evidence of such terms other than the contents of the written agreement. (Section 9, Rule 130, Rules
of Court)

72. In parol evidence rule, when can a party ask to present evidence to modify, explain or add
to the terms of written agreement?
A party puts in issue in his pleading any of the following:
a. An intrinsic ambiguity, mistake or imperfection in the written agreement;
b. The failure of the written agreement to express the true intent and agreement of the parties
thereto;
c. The validity of the written agreement; or
d. The existence of other terms agreed to by the parties or their successors in interest after
the execution of the written agreement. (Section 9, Rule 130, Rules of Court)

73. When is an electronic document regarded as the functional equivalent of an original

document?
Section 4, Rule 130 of the Rules and Section 2, Rule 4 of the Rules on Electronic Evidence identify
the following instances when copies of a document are equally regarded as originals: (a) when a
document is in two or more copies executed at or about the same time, with identical contents, all
such copies are equally regarded as originals; (b) when an entry is repeated in the regular course

15
 of business, one being copied from another at or near the time of the transaction, all the entries are
likewise equally regarded as originals; (c) when a document is in two or more copies executed at
or about the same time with identical contents, or is a counterpart produced by the same impression
as the original, or from the same matrix, or by mechanical or electronic re-recording, or by chemical
reproduction, or by other equivalent techniques which accurately reproduces the original, such
copies or duplicates shall be regarded as the equivalent of the original.

74. Distinguish Marital Disqualification and Marital Privilege.

Marital Disqualification Marital Privilege
One of the spouses is a party. The spouse/s may or may not be a party.
During marriage. During or after marriage.
Ceases upon the death of either spouse. Continues even after the termination of
the marriage.
Total prohibition against any testimony for or against Applies only to any communication
the spouse of the witness. received in confidence.
Exceptions:
a. A civil case by one against the other,
b. A criminal case for a crime committed by one against the other or the latter's direct
descendants or ascendants
(Sections 22 & 24, Rule 130, Rules of Court)

75. Enumerate the disqualifications as a witness by reason of privileged communication.

a. A husband or wife as to their spouse;
b. An attorney, a person reasonably believed to be licensed to engage in the practice of law
and the attorney's secretary, stenographer, clerk or other persons assisting the attorney as
to their client;
c. A physician, psychotherapist or person reasonably believed by the patient to be authorized
to practice medicine or psychotherapy as to their patient;
d. A minister, priest or person reasonably believed to be as to the affected person; and
e. A public officer as to communications made to him or her in official confidence. (Section 24,
Rule 130, Rules of Court)

76. What is the hearsay rule and its exceptions?

Hearsay is a statement other than one made by the declarant while testifying at a trial or hearing,
offered to prove the truth of the facts asserted therein. Hearsay evidence is inadmissible. The
exceptions are:
a. Dying declaration
b. Statement of decedent or person of unsound mind
c. Declaration against interest
d. Act or declaration about pedigree
e. Family reputation or tradition regarding pedigree
f. Common reputation
g. Part of res gestae
h. Records of regularly conducted business activity
i. Entries in official records
j. Commercial lists and the like
k. Learned treatises
l. Testimony or deposition at a former proceeding
m. Residual exception (Section 37, Rule 130, Rules of Court)

77. What are the requisites of dying declaration and part of res gestae?
Dying Declaration Part of Res Gestae
a. The declaration must concern the cause and a. The principal act, the res gestae, is a
surrounding circumstances of the declarant's startling occurrence;
death. b. The statements were made before the
b. At the time the declaration was made, the declarant had time to contrive or
declarant must be under the consciousness devise; and
of an impending death. c. Statements must concern the occurrence
c. The declarant is competent as a witness. in question and its immediately
d. The declaration must be offered in a criminal attending circumstances.
case for homicide, murder, or parricide, in
which the declarant is the victim.
(People v. Umapas, G.R. No. 215742, March 22, 2017; People v. Vargas, G.R. No. 230356, September 18, 2019)

78. What is the residual exception?

A statement not specifically covered by any of the foregoing exceptions, having equivalent
circumstantial guarantees of trustworthiness, is admissible if the court determines that (a) the
statement is offered as evidence of a material fact; (b) the statement is more probative on the point
for which it is offered than any other evidence which the proponent can procure through reasonable

16
 eff orts; and (c) the general purposes of these [R]ules and the interests of justice will be best served
by admission of the statement into evidence. (Section 50, Rule 130, Rules of Court)

79. When does the judicial affidavit rule apply?

This rule shall apply to criminal actions: (a) where the maximum of the imposable penalty does not
exceed six years; (b) Where the accused agrees to the use of judicial affidavits, irrespective of the
penalty involved; or (c) With respect to the civil aspect of the actions, whatever the penalties
involved are. A party who fails to submit the required judicial affidavits and exhibits on time shall be
deemed to have waived their submission. (Sections 9 & 10, A.M. No. 12-8-8-SC)

80. Define preponderance of evidence, substantial evidence, and proof beyond reasonable
doubt.
Preponderance of In civil cases, the party having the burden of proof must establish his or her
Evidence case by a preponderance of evidence. In determining where the
preponderance or superior weight of evidence on the issues involved lies,
the court may consider all the facts and circumstances of the case, the
witnesses' manner of testifying, their intelligence, their means and
opportunity of knowing the facts to which they are testifying, the nature of
the facts to which they testify, the probability or improbability of their
testimony, their interest or want of interest, and also their personal credibility
so far as the same may legitimately appear upon the trial. The court may
also consider the number of witnesses, though the preponderance is not
necessarily with the greater number.
Substantial In cases filed before administrative or quasi-judicial bodies, a fact may be
Evidence deemed established if it is supported by substantial evidence, or that amount
of relevant evidence which a reasonable mind might accept as adequate to
justify a conclusion.
Proof beyond In a criminal case, the accused is entitled to an acquittal, unless his or her
reasonable doubt guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt
does not mean such a degree of proof as, excluding possibility of error,
produces absolute certainty. Moral certainty only is required, or that degree
of proof which produces conviction in an unprejudiced mind
(Sections 1, 2 & 6, Rule 133, Rules of Court)

81. When is circumstantial evidence sufficient to convict an accused?

a. There is more than one circumstance;
b. The facts from which the inferences are derived are proven; and
c. The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt. (Fullero v. People, G.R. No.170583, 2019)

PART II

I. Appeals; General Principles

82. What is the doctrine of immutability of judgments and its exceptions?

A judgment, once it has attained finality, can never be altered, amended, or modified, even if the
alteration, amendment or modification is to correct an erroneous judgment. This is the principle of
immutability of judgments-to put an end to what would be an endless litigation. But this tenet admits
several exceptions, these are: (1) the correction of clerical errors; (2) the so-called nunc pro tune
entries which cause no prejudice to any party; (3) void judgments; and (4) whenever circumstances
transpire after the finality of the decision rendering its execution unjust and inequitable. (Republic v.
Heirs of Cirilo Gotengco, G.R. No. 226355, January 24, 2018)

II. Post-Judgment Remedies other than Appeal

83. Distinguish Rule 38 and Rule 47.

Rule 38 Rule 47
(Petition for relief from judgments) (Petition for annulment of judgment)
a. Fraud a. Extrinsic fraud
b. Accident b. Lack of jurisdiction.
c. Mistake
d. Excusable negligence
Court which rendered the judgment a) Judgment of the MTC- file the petition with the
RTC
b) Regional Trial Court- file with the Court of
Appeals
Within 60 days from knowledge, but not Extrinsic fraud: within four (4) years from its
exceeding 6 months from entry of judgment discovery

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The remedy of Motion for Reconsideration,
New Trial, or Appeal is no longer available to
the plaintiff.
Remedy is to file a petition for certiorari
under Rule 65, since the Order denying a
petition for relief or other motion seeking
relief from judgment is not appealable.
(Sections 1 & 2, Rule 38; Sections 2, 3 & 10, Rule 47; Section 9, B.P. 129)
Lack of jurisdiction: before it is barred by laches
or estoppel
Remedy of appeal, motion for reconsideration,
new trial, and petition for relief are no longer
available, nor did the petitioner file any motion to
quash writ of execution before the lower court
Remedy is to appeal either under Rule 41 or 45
since the court is exercising original jurisdiction,
and the judgment is appealable.

84. When is a collateral attack on judgments proper?

A collateral attack is made when, in another action to obtain a different relief, an attack on the
judgment is made as an incident in said action. This is proper only when the judgment, on its
face, is null and void, as where it is patent that the court which rendered said judgment has no
jurisdiction. (Spouses Teofanes v. Dionesia Tingas, G.R. No. 251537, November 25, 2020)

85. Distinguish Rule 45 from Rule 65.

Rule 45
(Petition for Review on Certiorari)
Brings up for review, errors of judgment
committed by the court.
The court exercises its appellate
jurisdiction.
It is a continuation of the original suit.
Based on questions of law which the
appellant desires the appellant court to
resolve.
Must be made within the reglementary
period for appeal.
Petitioner and respondent are the original
parties to the action, and the lower court
or quasi-judicial agency is not to be
impleaded.
Prior filing of a MR is not required.
(Section 1, Rule 45; Silverio v. CA, G.R. No. L-39861, 1986; Villa Rey v. Bello, G.R. No. L-18957, 1963; Espejo, 2021)
Rule 65
(Petition for Certiorari)
Writ of certiorari issues for the correction of errors of
jurisdiction only or grave abuse of discretion
amounting to lack or excess of jurisdiction.
The court exercises its original jurisdiction.
It is an original and independent action.
Petition raises the issue as to whether the lower
court acted without or in excess of jurisdiction or with
grave abuse of discretion.
May be filed not later than 60 days from notice of the
judgment, order or resolution sought to be assailed.
The parties are the aggrieved party against the
lower court or quasi-judicial agency and the
prevailing parties, who thereby respectively become
the petitioner and respondents.
MR is a condition precedent.

III. Appeals in Civil Procedure: Modes of Appeal from Judgments or Final Orders of Various
Courts/Tribunals

86. Summary of modes of appeal.

APPEALS APPEAL PETITION APPEALS FROM PETITION FOR
FROM MTCs FROM RTCs FOR QJAs to CA REVIEW BY
to RTCs REVIEW CERTIORARI

RULE 40 RULE 41 RULE 42 RULE 43 RULE 45

Ordinary Ordinary Petition for Petition for a. Petition for Review on

appeal appeal Review Review Certiorari or
b. Appeal by Certiorari
MTC to RTC RTC (original RTC Quasi-judicial a. CA, Sandiganbayan,
jurisdiction) to (appellate agency to CA RTC or such other courts
CA jurisdiction) to as may be authorized by
CA law to SC
b. CA to SC
Questions of fact or mixed Only Questions of fact, Only questions of law
questions of fact and law questions of questions of law,
law or mixed
questions of fact
and law

Notice of appeal: Within 15
days from notice
Record of appeal: Within 30
days from notice
Within 15 days from notice of the judgment or final order or
resolution appealed from or the denial of the petitioner’s MNT
or MR filed in due time after notice of the judgment

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87. Can appeal be filed for an order dismissing an action without prejudice?
No. Rule 41, Section 1 expressly states that no appeal may be taken from an order dismissing an
action without prejudice. In such cases, the remedy available to the aggrieved party is to file an
appropriate special civil action under Rule 65 of the Rules of Court. (Heirs of Sadhwani v. Sadhwani, G.R. No.
217365, August 14, 2019, J. Caguioa)

88. Summary of the Sandiganbayan Internal Rules.

What governs the appeal "The procedure prescribed in Batas Pambansa Blg. 129, as well as
process from the the implementing rules that the Supreme Court has promulgated and
Sandiganbayan? may hereafter promulgate, relative to appeals/petitions for review to
the Court of Appeals, shall apply to appeals and petitions for review
filed with the Sandiganbayan. In all cases elevated to the
Sandiganbayan and from the Sandiganbayan to the Supreme Court,
the Office of the Ombudsman, through its special prosecutor, shall
represent the People of the Philippines, except in cases filed pursuant
to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
What are the crimes 1) Violations of Republic Act No. 3019, as amended, other known as
within the jurisdiction of the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and
Sandiganbayan? Chapter II, Section 2, Title VII, Book II of the Revised Penal Code,
where one or more of the accused are officials occupying the following
positions in the government, whether in a permanent, acting, or
interim capacity, at the time of the commission of the offenses.
2) Other offenses of felonies whether simple or complexed with other
crimes committed by the public officials and employees mentioned in
subsection of this section in relation to their office.
3) Criminal cases filed pursuant to and in connection with Executive
Order Nos. 1, 2, 14 and 14-A, issued in 1986.
Who are the officials Officials of the executive branch occupying the positions of regional
covered by the director and higher, otherwise classified as Grade '27' and higher, of
jurisdiction of the the Compensation and Position Classification Act of 1989 (Republic
Sandiganbayan? Act No. 6758). (Section 4, RA 8249)

In cases where none of the accused are occupying positions

corresponding to Salary Grade '27' or higher, as prescribed in the said
Republic Act No. 6758, or military and PNP officer mentioned above,
exclusive original jurisdiction thereof shall be vested in the proper
regional court, metropolitan trial court, municipal trial court, and
municipal circuit trial court, as the case may be, pursuant to their
respective jurisdictions as provided in Batas Pambansa Blg. 129, as
amended.
(Section 2, RA 10660; Section 4, RA 8249)

89. What is the rule on the Decisions of the Ombudsman?

Decisions of the Ombudsman in administrative cases, where the respondent is absolved of the
charges, are final, executory, and unappealable, but if issued with grave abuse of discretion, may be
assailed by filing a petition for certiorari under Rule 65 before the CA. On the other hand, the remedy
against the Ombudsman's decisions in criminal cases is to file a petition for certiorari under Rule 65
before this Court. (Alaska vs. Garcia, et al., G.R. No. 228298, June 23, 2021, J. Caguioa)

V. Procedure in Tax Cases

90. What are the requisites of a valid assessment?

a. It must have been issued within the prescriptive period
b. As a general rule, it may be issued only after PAN has been served
c. It shall state, in writing, the law and the facts on which the assessment is made (NIRC, Sec.
228)
d. The assessment must be served on and received by the taxpayer (CIR v. Pascor Realty & Dev’t
Corp, G.R. No. 123895, 1999)

91. Is a Formal Letter of Demand valid in the absence of a PAN?

No. Under RR 12-99, the PAN is part of the “due process requirement in the issuance of a deficiency
tax assessment,” the absence of which renders nugatory any assessment made by the tax authorities.
The use of the word “shall” in RR 12-00 describes the mandatory nature of the service of a PAN. (CIR
v. Metro Star Superama G.R. No. 185371, December 8, 2010)

92. When may a FLD/FAN be issued outright (without a PAN)?

a. When deficiency tax is the result of mathematical error
b. When discrepancy is between amount withheld and amount of withholding tax remitted

19
 c. Taxpayer who opted to claim refund/tax credit also carried over and applied the same
against tax of next taxable quarter
d. When excise tax due has not been paid
e. Violation of condition of tax-free importation (Sec. 228, NIRC)

93. State the prescriptive periods in the NIRC.

Prescriptive Period of Assessment (Sec. 203 NIRC)
Tax return filed Not false or fraudulent 3 years from date of filing of return or
3 years from actual of filing if filed beyond the
due date
False or fraudulent 10 years from date of discovery
No tax return filed 10 years from discovery of non-filing
Exceptions 1. in case of extraordinary circumstance
2. execution of waiver of statute of limitations – refer to Revenue
Memorandum Order No. 14-2016 for the guidelines relative to the
execution of waiver; reiteration in Revenue Memorandum Circular No. 141-
2019
Suspension of running 1. During which the Commissioner is prohibited from making the
of statute of limitation assessment
2. Beginning distraint or levy or a proceeding in court and for 60days
thereafter
3. When the taxpayer requests for a reinvestigation which is granted by
the Commissioner
4.When the taxpayer cannot be located in the address given by him in the
return filed upon which a tax is being assesses or collected
Prescriptive Period of Collection
Collection under three (3) years from the date the assessment is made (BPI v. CIR; CIR vs.
Ordinary Standard Chartered Bank)
circumstance
Collection under within five (5) years after the assessment is made
Extraordinary
circumstance
Collected under the within the period agreed upon in writing before the expiration of the 5-year
Extended Period of period
Assessment
Collection without within 10 years of filing of fraudulent return or discovery of non-filing
assessment
Suspension of 1. the Commissioner is prohibited from making the assessment or
Running of Period to beginning distraint or levy or a proceeding in court and for 60 days
Collect thereafter
2. when the taxpayer requests for a reinvestigation which is granted by
the Commissioner
3. when the taxpayer cannot be located in the address given by him in
the return upon which a tax is being assessed or collected. If taxpayer
informs Commissioner of any change in address, running of the Statue of
Limitation will not be suspended
4. when the warrant of distraint or levy is duly served
5. when the taxpayer is out of the Philippines

94. What are the different taxpayer’s tax remedies?

Administrative Remedy 1. Challenging Effect of a protest against an assessment
in Challenging the tax the validity of the Prescriptive period provided by law to make
assessment LOA collection by distraint or levy or by a proceeding in
2. Responding to court is interrupted once a taxpayer protests the
the NIC assessment and requests for its cancellation.
3. Reply to PAN
4. Protesting the Effect of taxpayer’s failure to respond to PAN
FLD/FAN The taxpayer shall be considered in default, in
5. Submission of which case, a FLD/FAN shall be issued calling for
Additional payment of the taxpayer's deficiency tax liability,
Documents inclusive of the applicable penalties.
Remedies on the Action or Inaction of the Commissioner’s Duly
Authorized Representative
1. In case of decision / denial in whole or in part
a. Appeal to the CTA within 30days from the date of receipt of the
decision
b. Elevate the protest through request for reconsideration to the
Commissioner within 30days from date of receipt of the said decision

20
 Note: No request for reinvestigation shall be allowed in administrative appeal
2. In case of inaction
a. Appeal to the CTA within 30days after the
expiration of the 180-day period counted from date of filing of a protest
in a case of request for reconsideration
b. Await the final decision of the Commissioner’s duly authorized
representative on the disputed assessment and appeal to CTA within
30 days after receipt of copy of such decision

Remedies on the Action or Inaction of the Commissioner

1. In case of decision / denial in whole or in part
a. Appeal to the CTA within 30days from the date of receipt of the
decision, otherwise decision is final, executory and demandable
b. Motion for reconsideration of the Commissioner’s denial, but shall
not toll the 30-day period to appeal to CTA
2. In case of inaction
a. Appeal to the CTA within 30days
after the expiration of the 180-day period counted from date of filing of
a protest in a case of request for reconsideration
b. Await the final decision of the Commissioner on the disputed
assessment, and appeal to CTA within 30 days after receipt of copy of
such decision
(RR No. 18-2013)

Judicial Appeal to the CTA Division – Appeal to the CTA En Banc

Remedy of after the taxpayer has exhausted In case of adverse decision of the CTA
Challenging the all administrative remedies Division, the aggrieved party may file an
Assessment available to him, the taxpayer can appeal to the CTA En Banc.
now seek judicial relief by filing an
appeal to the CTA. The appeal Petition for review to the Supreme Court
must be filed before the CTA A party adversely affected by the CTA En
Division. Banc may appeal therefrom by filing with
the Supreme Court a verified petition for
review on certiorari within 15days from
receipt of copy of the decision or resolution,
under Rule 45 of the Rules of Court.

Recovery of tax A taxpayer may file a claim for
erroneously or refund of any national internal
illegally revenue tax alleged to have been
collected erroneously or illegally assessed
or collected, or of any penalty
claimed to have been collected
without authority.
1. Must first file a written claim for
credit or refund within two (2)
years after the payment of the tax
or penalty
2. The taxpayer can elevate his
claim for refund to the CTA if the
2-year period is about to end, and
the Commissioner has yet to
render a decision on the claim.
3. In the event of Commissioner’s
denial of the claim for refund, the
taxpayer has a 30-day period to
file an appeal to the CTA, but such
30- day must also be within the 2-
year period.
Note: The administrative claim
as well as the judicial claim for
refund must both be filed within
the 2-year period. The two-
year period for filing tax refund
is not jurisdictional
Compromise of Basis for Acceptance of
tax liability Compromise Settlement
Appeal to the CTA En Banc and to the
Supreme Court
In case of adverse decision of the CTA
Division, the aggrieved party may file an
appeal to the CTA En Banc. A party
adversely affected by the CTA En Banc
may appeal therefrom by filing with the
Supreme Court a verified petition for review
on certiorari within 15days from receipt of
copy of the decision or resolution, under
Rule 45 of the Rules of Court.
Two-year prescriptive period
No credit or refund of taxes or penalties
shall be allowed unless the taxpayer
files in writing with the CIR a claim for
credit or refund within 2 years after the
payment of the tax or penalty.
Limitations on the Power to
Compromise a Tax Liability

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 1. Doubtful validity of the The CIR is allowed to enter into a
assessment compromise only if the basic tax involved
2. Financial incapacity does not exceed P1M and the settlement
offered is not less than the prescribed
Remedies in case the taxpayer percentages.
refuses or fails to follow the tax
compromise Prescriptive period to enforce
1. Enforce the compromise compromises
a. If it is a judicial compromise, it Since it is a contract, the prescriptive period
can be enforced by mere to enforce the same is 10 years based on
execution. A judicial compromise Art. 1144 NCC reckoned from the time the
is one where a decision based on cause of action accrued.
the compromise agreement is
rendered by the court on request
of the parties.
b. Any other compromise is
extrajudicial and like any other
contract can only be enforced by
court action.
3. Regard it as rescinded and
insist upon original demand.
Abatement or Section 204 (B) of NIRC grants the Commissioner the authority to abate or
cancellation of cancel internal revenue tax liabilities off certain taxpayers based on the
tax liability following grounds:
a. The tax or any portion thereof appears to be unjustly or excessively assessed
b. The administration and collection costs involved do not justify the collection
of the amount due
Note: This does not apply to disputed assessments pursuant to provisions of
Section 228 of the Tax Code and assessments which are void from the
beginning.
(Section 204(A), (C), NIRC; (Article 2041, NCC)

95. When can a taxpayer appeal to the CTA from receipt of denial of claim for refund?
If no action on the claim for refund has been taken by the CIR after the 90-day period from the date of
submission of the application with complete documents, the taxpayer may appeal to the CTA within
30 days from the lapse of the 90-day period. Provided, however, That failure on the part of any official,
agent, or employee of the BIR to act on the application within the 90-day period shall be punishable
under Section 269 of NIRC.

Note: The 120-day period is now changed to 90 days as amended by TRAIN.

Before December 90+30 day periods are mandatory and jurisdictional

10, 2003
December 20, BIR Ruling No. DA-489- 03 Taxpayer-claimant does not need to wait for the
2003 to October lapse of the 90-day period before it could seek judicial relief with the CTA by
6, 2010 way of Petition for Review (90+30 day periods are merely permissive, not
jurisdictional)
On or after Aichi Doctrine (90+30 day periods are mandatory and jurisdictional)
October 6, 2010

96. State the taxpayer’s remedies under the Local Government Code.
Remedy Grounds
Protest against an assessment (LGC, The correctness of the amount of the assessment
sec. 195)
Claim for refund or tax credit (LGC, sec. Taxes erroneously paid and illegally collected.
196)
Question the newly enacted ordinance Any question on the constitutionality or legality of tax
(LGC sec. 187 & 188) ordinances or revenue measures
NOTE: Court with jurisdiction is the Court of Appeals.

97. State the LGU’s remedies under the Local Government Code.
Remedy Grounds
Local Local taxes, fees, charges and other revenues constitute a lien, superior to
Government's all liens, charges or encumbrances in favor of any person, enforceable by
Lien appropriate
administrative or judicial action
Civil Remedies: 1. By administrative action:
a. Distraint of personal property; and

22
 b. Levy upon real property;
2. Judicial action.

98. What are the prescriptive period?

Prescriptive Period • 5 years from the date they became due. No action for the
for Assessment collection of such taxes, fees, or charges, whether administrative or
judicial, shall be instituted after the expiration of such period
• 3 years from the date they became due those which have accrued
before the effectivity of the LGC
10 years from discovery of the fraud or intent to evade payment. (LGC,
Sec. 194)
Prescriptive Period • 5 years from the date of assessment by administrative or judicial
for Collection action. No such action shall be instituted after the expiration of said period
3 years from the date of assessment. (LGC, Sec. 194) those which have
accrued before the effectivity of the LGC

VI. Procedure in the Court of Appeals

99. Can a party, on appeal, change fundamentally the nature of the issue in a case?
No. Procedurally, petitioner cannot adopt a new theory in its appeal before the Court and abandon
its theory in its appeal before the RTC. Pursuant to Section 15, Rule 44 of the Rules, petitioner may
include in his assignment of errors any question of law or fact that has been raised in the court
below and is within the issues framed by the parties. (RCBC Bankard Services Corp. v. Oracion, G.R. No.
223274, June 19, 2019, J. Caguioa)

100. What is Harmless Error Rule?

No error in either the admission or the exclusion of evidence and no error or defect in any ruling or
order or in anything done or omitted by the trial court or by any of the parties is ground for granting
a new trial or for setting aside, modifying, or otherwise disturbing a judgment or order, unless refusal
to take such action appears to the court inconsistent with substantial justice. The court at every
stage of the proceedings must disregard any error or defect which does not affect the substantial
rights of the parties. (Section 6, Rule 51, Rules of Court)

VII. Procedure in the Supreme Court

101. Distinguish Rule 56-A and Rule 56-B.

Rule 56-A
Original Cases
Only petitions for certiorari, prohibition,
mandamus, quo warranto, habeas corpus,
disciplinary proceedings against members of
the judiciary and attorneys, and cases affecting
ambassadors, other public ministers and
consuls may be filed originally in the Supreme
Court.
Rule 56-B
Appealed Cases
An appeal to the Supreme Court may be taken
only by a petition for review on certiorari,
except in criminal cases where the penalty
imposed is death, reclusion perpetua or life
imprisonment.

LEGAL ETHICS

I. The Code of Professional Responsibility

102. State the Lawyer’s Oath.

“I,________________________, do solemnly swear that I will maintain allegiance to the Republic
of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of
the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give
aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the
courts as to my clients; and I impose upon myself these voluntary obligations without any mental
reservation or purpose of evasion. So help me God.” NOTE: Leave the name blank, filling out
the blank with your name is considered a marking.

103. May the pendency of a civil case prevent a successful bar examinee from taking the
Lawyer's Oath and sign the Roll of Attorneys?
No, unless the same involves acts or omissions which had been previously determined by the Court
to be tainted with moral turpitude. The determination whether there is moral turpitude is ultimately
a question of fact and frequently depends on all the circumstances. (So v. Lee, B.M. No. 3288, April 10,
2019)

23
104. Can a lawyer appear as counsel during a hearing on a complaint before the Punong
Barangay?
No, it is a violation of P.D. 1508 which falls squarely within the prohibition of Rule 1.01 of Canon 1
of the Code of Professional Responsibility which clearly mandates the obedience of every lawyer
to laws and legal processes. A lawyer is expected to respect and abide by the law, and thus, avoid
any act or omission that is contrary to the same. Any act or omission that is contrary to, or prohibited
or unauthorized by, or in defiance of, disobedient to, or disregards the law is unlawful. Note: The
lawyer in this case was reprimanded. (Malecdan v. Baldo, A.C. No. 12121, June 27, 2018, J. Caguioa)

105. Is a lawyer liable for violation of the Code of Professional Responsibility if he filed frivolous
suits against his opposing counsel?
Yes. A lawyer is, by all means, given the liberty to defend his client's cause with utmost zeal. This
obligation, however, is not without reasonable limitations. Rule 1.03, Canon 1, provides that “a
lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any
man's cause.” The filing of frivolous suits against his opposing counsel manifests, at the very least,
his gross indiscretion as a colleague in the legal profession and his malicious desire to vex the
opposing counsel which shows intent to paralyze the latter from exerting his utmost effort in
protecting his client's interest. Note: The lawyer here was suspended. (Atty. Cabarroguis v. Atty. Basa,
A.C. No. 8789, March 11, 2020, J. Caguioa)

106. Atty. AAA used company BBB’s Income Tax Return (“ITR”) in filing a Petition for Suspension
and Blacklisting against BBB before the National Printing Office (“NPO”). Should Atty. AAA
be held disbarred for violation of Canon 1?
No. The Court cannot penalize a lawyer for using a publicly-available document to support
allegations in a pleading signed by him. The audited financial statements submitted by corporations
are made available to the public by the SEC. An individual should not be allowed to claim relief just
because a lawyer is aiding or was hired by an opponent. To do so would create more injustice and
lead to an even more erroneous practice.” (Ready Form, Inc v. Castillon, Jr. A.C. No. 11774, March 21, 2018, J.
Caguioa)

107. Can a lawyer use different aliases in his legal practice?

No, Canon 3 provides that a lawyer in making known his legal services shall use only true, honest,
fair, dignified and objective information or statement of facts. A lawyer must only use his name as
indicated in the Roll of Attorneys to avoid confusion and injury or damage to his clients, to the Court
and the public. More importantly it is the true and dignified information which he has stated as a
member of the Bar. Note: The disbarment case was dismissed but Court advised the lawyer to be
circumspect in using only his name as indicated in the Roll of Attorneys in his legal practice. (Carlos
v. Reyes, A.C. No. 11764, September 23, 2020)

108. Was the Code of Professional Responsibility violated when a lawyer, while acting as a
member of the Bids and Awards Committee Secretariat of a government agency, drafted,
under the instructions of his superiors, a Supply Contract awarded to an unqualified
supplier?
No. He drafted the contested documents purely under the instructions of his superiors — not as a
result of any exercise of discretion on his part. Such circumstance undeniably points to the
conclusion that his duties are only ministerial in nature. There is no basis to find him liable for not
examining each and every document and on the basis of which make an independent assessment
of the qualifications of bidders — when, as a member only of the BAC Secretariat, he is merely
charged with the custody thereof. While it may be true that a lawyer cannot, at his convenience,
shed himself of his ethical duties as a member of the legal profession, holding him accountable for
alleged violations of the CPR must be done in strict observance of established procedure. It is
untenably and simply unfair to effectively impose additional duties upon him by the mere fact that
he is a lawyer so that his purported failure to go above and beyond his regular functions under the
BAC Secretariat makes him part of a conspiracy to defraud the government. (PNP-CIDG v. Villafuerte,
G.R. Nos. 219771 & 21977, September 18, 2018, J. Caguioa)

109. Is a lawyer administratively liable in knowingly quoting a part of Court Administrator

Memorandum claiming it to be a Supreme Court decision?
Yes, by citing the memorandum of the Court Administrator as a Supreme Court decision, Rule
10.02 of the Code of Professional Responsibility was violated which mandates that a lawyer shall
not knowingly misquote or misrepresent the text of a decision or authority. (COMELEC v. Noynay, G.R.
No. 132365, July 9, 1998)

110. A lawyer in his motion to inhibit stated that the Presiding Judge is corrupt and a disgrace to
the Judicial System who does not deserve to be a member of the bar, and further alleged in
his counter-complaint that the same Judge solicited Php1M in exchange for the issuance of
a TRO in a civil case he is handling. Is the act of the lawyer proper?

24
 No, a lawyer is obliged to abstain from scandalous, offensive or menacing language before the
courts. It is incumbent upon lawyers to observe and maintain respect towards the judicial office
instead of casting doubt on the impartiality and independence of the court and insisting on similar
conduct from his clients. Even assuming that the bribery charges were true, such personal attacks
against the person or members of the judiciary should have been reserved for a different forum and
certainly not included in a motion filed before a court of law. The act exhibited by the lawyer, as an
officer of the court, only serves to betray his utter lack of reverence towards the courts, which
promotes nothing but the degradation of the administration of justice. Note: Lawyer was
suspended. (Pantanosas, Jr. v. Pamatong, A.C. No. 7330, June 14, 2016)

111. Is the lawyer guilty of improper misconduct in threatening the Presiding Judge of a case
he’s handling with an administrative and a criminal complaint for “knowingly rendering an
unjust judgment”?
Yes, Rule 11.04 of Canon 11 states that a lawyer shall not attribute to a Judge motive not supported
by the record or have no materiality in the case. While lawyers have the right, both as officers of
the court and as citizens, to criticize in properly respectful terms and through legitimate channels
the acts of courts and judges, such criticisms, no matter how truthful, shall not spill over the walls
of decency and propriety. Note: Lawyer was reprimanded. (Presiding Judge Aida Estrella Macapagal v. Atty.
Walter T. Young, A.C. No. 9298, 29 July 2019, J. Caguioa)

112. A lawyer, on numerous occasions, appeared in court while intoxicated and made
discourteous and inappropriate remarks against the public and private prosecutors as well
as the judge; provoked the private counsel by calling him "bakla" in open court; uttered the
words "to the handsome public prosecutor" with seething sarcasm; and repeatedly bullied
and threatened the judge in open court. Is the lawyer guilty of misconduct?
Yes, While zeal or enthusiasm in championing a client's cause is desirable, unprofessional conduct
stemming from such zeal or enthusiasm is disfavored. While the lawyer is guilty of using
inappropriate language against the opposing counsels and the judge, such transgression is not of
a grievous character as to merit his suspension since his misconduct is considered as simple rather
than grave. (Canete v. Atty. Puti, A.C. No. 10949, August 14, 2019, J. Caguioa)

113. A lawyer allegedly threatened the judge with an administrative complaint if he would not
grant the motion of execution he filed. The Complaint for disbarment was dismissed
because the alleged remarks were coursed through the pleading filed and solely intended
for the court, and that it was well within the lawyer’s duty to be forthright and candid to the
Presiding Judge. Was the complaint correctly dismissed?
Yes, The Court has always been mindful of the lawyer's bounden duty to defend his client's cause
with utmost zeal for as long as he or she stays within the limits imposed by professional rules. And
as long as the lawyer had, in fact, been circumspect in choosing the language he used in crafting
his motions or pleadings filed in court. At most, such a lawyer might have been overzealous in
defending his clients' cause, but this is not necessarily bad. (Zamora v. Atty. Mahinay, A.C. No. 12622,
February 10, 2020, J. Caguioa)

114. What are the tests to determine if there exists a conflicting interest?
Conflicting Will the attorney be required to contest for that which his duty to another client
Duties requires him to oppose?
Invitation of Will the acceptance of a new relation invite suspicion and/or actually lead to
Suspicion unfaithfulness or double-dealing towards another client?
Use of Prior Will the attorney be called upon in his new relation to use against his former client
Knowledge any knowledge acquired in the previous employment?
Obtained
(Aniñon v. Sabitsana, A.C. No. 5098, April 11, 2012)

115. The heirs of BBB hired Atty. AAA as a collaborating counsel in an action to remove EEE as
the administrator. EEE sought for reinstatement with Atty. AAA entering his appearance as
the former’s collaborating counsel, claiming that it was with the consent of some of the
heirs. Was there a conflict of interest?
Yes, an absolute prohibition exists for lawyers with respect to representing opposing parties as it
constitutes conflicting interest even if it was only a friendly accommodation. This prohibition makes
lawyers liable even if the inconsistency is remote or merely probable or even if the lawyer has acted
in good faith and with no intention to represent conflicting interests. The Court has ruled that a
lawyer who acts as such in settling a dispute cannot represent any of the parties to it. Note: Lawyer
was suspended. (Orola y. Atty. Ramos, A.C. No. 9860, September 11, 2013)

116. What are the kinds of attorney’s lien?

Retaining Lien Charging Lien
Lawful possession of papers, documents, Securing of a favorable money judgment for
property belonging to the client. client.

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 Covers papers, documents, and properties in
the lawful possession of the attorney by
reason of his professional employment.
Takes effect as soon as the attorney gets
possession of papers, documents, or
property.
May be exercised before judgment or
execution or regardless thereof.
Extinguished when possession lawfully ends
as when lawyer voluntarily parts with funds
documents, and papers of client or offers them
as evidence.
(Vda. De Caina v. Hon. Gustavo, G.R. No. L-12905, February 26, 1959)
Covers all judgments for the payment of
money and execution issued in pursuance of
such judgment.
Takes effect as soon as the claim for
attorney’s fees had been entered into the
records of the case.
Generally, exercised only when the attorney
had already secured a favorable judgment for
his client.
Extinguished when client loses action as lien
may only be enforced against judgment
awarded in favor of client, proceeds
thereof/executed thereon.

117. Did Atty. AAA violate the Code of Professional Responsibility when after receiving the
payment for acceptance and appearance, he made himself scarce and even denied meeting
the complainant?
The acts committed by Atty. AAA fall squarely within the prohibition of Rule 1.01 of Canon 1, Rule
16.01 of Canon 16, and Rule 18.03 and Rule 18.04 of Canon 18 of the Code of Professional
Responsibility (CPR). Canon 1 clearly mandates the obedience of every lawyer to laws and legal
processes. A lawyer, to the best of his ability, is expected to respect and abide by the law, and thus,
avoid any act or omission that is contrary to the same. Rule 16.01, Canon 16 of the Code of
Professional Responsibility, on the other hand, requires the lawyer to account for all money or
property collected or received for or from his client. Where a client gives money to his lawyer for a
specific purpose, such as to file an action, appeal an adverse judgment, consummate a settlement,
or pay the purchase price of a parcel of land, the lawyer should, upon failure to take such step and
spend the money for it, immediately return the money to his client. Canon 18 also requires that a
lawyer shall serve his client with competence and diligence. (Sioson v. Atty. Apoya, Jr. A.C. No. 12044, July
23, 2018, J. Caguioa)

118. AAA filed an administrative case for suspension and disbarment against Atty. BBB for
failure to file a collection case on behalf of AAA for which the Atty. BBB received P10,000.00
for filing fees; obtaining several loans from the AAA, which remain unpaid; taking out
merchandise in excess of what she purchased; acquiring other merchandise from AAA
without paying for the same; inducing AAA to open joint bank accounts, out of which Atty.
BBB made several withdrawals; obtaining a P30,000.00 loan that remains unpaid; filing libel
cases against the AAA based on incidents related the causes of action arising from the
above transactions. Is Atty. BBB liable for violation of the Code of Professional
Responsibility?
Yes. Atty. BBB violated Canon 18 when he failed to file the collection case in court. She violated
Canon 16 when she obtained loans from a client. It is unethical for a lawyer to obtain loans from
his or her client during the existence of a lawyer-client relationship between them. Moreover, using
a client's funds for the lawyer's personal use and depositing the same in his personal account is
prohibited. The failure of a lawyer to render an account of any money received from a client and
deliver the same to such client when due or upon demand is a breach of said rule. Finally, the filing
of baseless criminal complaints, even merely threatening to do so, also violates Canon 19 and Rule
19.01 of the CPR which states that “a lawyer shall represent his client with zeal within the bounds
of law” and that “a lawyer shall employ only fair and honest means to attain the lawful objectives of
his client and shall not present, participate in presenting or threaten to present unfounded criminal
charges to obtain an improper advantage in any case or proceeding." Note: Lawyer was
suspended. (Dyquiangco v. Arellano, A.C. No. 10541, July 12, 2016, J. Caguioa)

119. Champertous v. Contingency Contract

Champertous Contract Contingency Contract
Compensation of the lawyer is conditioned upon securing a favorable judgment.
Lawyers undertake to pay all expenses of Lawyers do not undertake to pay all expenses
litigation. of litigation.
Void Valid
(Carillo v. Atty. Angeles, A.C. No. 9899-9905,September 4, 2018; Masmud v. NLRC, G.R. No. 183385 February 13, 2009)

120. What is quantum meruit and when is it authorized?

The principle of quantum meruit justifies the payment of the reasonable value of the services
rendered by the lawyer and may be used to determine his compensation in the absence of a written
agreement for that purpose. Recovery of attorney's fees on the basis of quantum meruit is
authorized when:
a. There is no express contract for payment of attorney's fees agreed upon between the
lawyer and the client;

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 b. Although there is a formal contract for attorney's fees, the fees stipulated are found
unconscionable or unreasonable by the court;
c. The contract for attorney's fee's is void due to purely formal defects of execution;
d. The counsel, for justifiable cause, was not able to finish the case to its conclusion;
e. The lawyer and client disregard the contract for attorney's
fees. (Rilloraza v. Eastern Telecommunications Phils., Inc G.R. No. 104600 July 2, 1999; International Hotel
Corporation vs. Joaquin, G.R. No. 158361, April 10, 2013)

121. When may a lawyer validly withdraw his services?

According to Rule 22.01 of the Code of Professional Responsibility, a lawyer may withdraw his
services in any of the following cases:
a. When the client pursues an illegal or immoral course of conduct in connection with the
matter he is handling;
b. When the client insists that the lawyer pursue conduct violative of these canons and rules;
c. When his inability to work with co-counsel will not promote the best interest of the client;
d. When the mental or physical condition of the lawyer renders it difficult for him to carry out
the employment effectively;
e. When the client deliberately fails to pay the fees for the services or fails to comply with the
retainer agreement;
f. When the lawyer is elected or appointed to public office; and
g. Other similar cases (Rule 22.01, Canon 22, Code of Professional Responsibility)

122. Atty. BBB failed to file a position paper when required, and misrepresented to her client that
she had already filed the same. She was unable to attend the case’s hearings and
deliberately refused to communicate with her client. Is Atty. BBB guilty of misconduct
contrary to a lawyer’s duties?
Yes, her failure to file the required position paper and her failure to withdraw from the case properly
reveals her failure to live up to her duties as a lawyer in accordance with the strictures of her oath
and the Code of Professional Responsibility. The acts committed by her thus fall squarely within
the prohibition of Canon 18, Rule 18.03 which provides that a lawyer shall not neglect a legal matter
entrusted to him; Rule 18.04 which provides that a lawyer shall keep the client informed of the
status of his case; and Canon 22, Rule 22.01 which provides the only cases where the lawyer may
withdraw his services. More importantly, an attorney may only retire from a case whether by written
consent of his client or by permission of the court after due notice and hearing. (Lopez v. Atty. Cristobal,
A.C. No. 12146, October 10, 2018, J. Caguioa)

II. Suspension, Disbarment and Discipline of Lawyers (Rule 139; Rule 139-B)

123. What are the grounds for the removal or suspension of lawyers?
a. Deceit;
b. Malpractice;
c. Other gross misconduct in such office;
d. Grossly immoral conduct;
e. Conviction of a crime involving moral turpitude,
f. Violation of the oath which he is required to take before the admission to practice,
g. A willful disobedience of any lawful order of a superior court, and
h. Corruptly or willful appearing as an attorney for a party to a case without authority to do so.
(Sec. 27, Rule 138, Rules of Court)

124. What is the quantum of evidence required for cases involving grave misconduct and
dishonesty?
In administrative cases, the quantum of proof required is substantial evidence. It is such relevant
evidence which a reasonable mind might accept as adequate to support a conclusion, even if other
minds equally reasonable might conceivably opine differently. Public office is a public trust [and]
public officers and employees must at all times be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead
modest lives. (FFIB-MOLEO v. Jandayan, G.R. No. 218155, September 22, 2020, J. Caguioa)

125. What is the difference between an "immoral conduct" and a "grossly immoral conduct"?
Immoral Conduct Grossly Immoral Conduct
Involves acts that are willful, flagrant, or Immoral conduct is gross when it is so corrupt as to
shameless, and that show a moral constitute a criminal act, or so unprincipled as to be
indifference to the opinion of the upright reprehensible to a high degree, or when committed
and respectable members of the under such scandalous or revolting circumstances
community. as to shock the community's sense of decency.
(Figuerroa v. Barranco, Jr., 276 SCRA 445)

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126. Provide the disbarment procedure.
a. Proceedings for the removal or suspension of attorneys may be taken by the Supreme
Court on its own motion or upon the complaint under oath of another in writing.
b. If the complaint appears to merit action, a copy thereof shall be served upon the
respondent, requiring him to answer the same within ten (10) days from the date of
service. If the complaint does not merit action, or if the answer shows to the satisfaction
of the Supreme Court that the complaint is not meritorious, the same shall be dismissed.
c. Upon the issues raised by the complaint and answer, or upon failure of the respondent to
answer, the case shall be referred to the Solicitor General for investigation to determine if
there is sufficient ground to proceed with the prosecution of the respondent.
d. Based upon the evidence adduced at the hearing, if the Solicitor General finds no
sufficient ground to proceed against the respondent, he shall submit a report to the
Supreme Court containing his findings of fact and conclusion, whereupon the respondent
shall be exonerated unless the court orders differently. If the Solicitor General finds
sufficient ground to proceed against the respondent, he shall file the corresponding
complaint, accompanied with all the evidence introduced in his investigation, with the
Supreme Court, and the respondent shall be served by the clerk of the Supreme Court
with a copy of the complaint with direction to answer the same within fifteen (15) days.
e. If in the respondent's answer no statement is made as to any intention of introducing
additional evidence, the case shall be set down for hearing, upon the filing of such
answer or upon the expiration of the time to file the same. Upon receipt of the
respondent's answer, wherein a statement is made as to his desire to introduce additional
evidence, the case shall be referred to a commissioner. Upon receipt of the report of the
commissioner, copies of which shall be furnished the Solicitor General and the
respondent, the case shall be set down for hearing before the court. (Rule 139)

127. What is the nature of disciplinary proceedings against lawyers?

Disciplinary proceedings against lawyers are sui generis. They are investigations by the Court
into the conduct of its officers. They are in no sense a criminal prosecution as it is not intended to
inflict punishment. Corollary, there is neither a plaintiff nor a prosecutor therein. The primary
objective of these proceedings is public interest and the real question for determination is whether
or not the attorney is still a fit person to be allowed the privileges as such. (In Re Almacen, G.R. No. L-
27654, February 18, 1970)

128. What is the effect of an affidavit of desistance in an administrative case?

The affidavit of withdrawal does not, in any way, affect the administrative proceedings as it may
proceed regardless of interest or subsequent lack of interest of the complainant. By nature of
disciplinary proceedings, it is not in any sense a civil action where the complainant is a plaintiff and
the respondent lawyer is a defendant. Administrative proceedings involve no private interest and
afford no redress for private grievances because, the purpose of which is solely for public welfare,
particularly for preserving courts of justice from lawyers unfit to practice law. What matters is if the
evidence or facts borne out by the record warrants, the charge of deceit and grossly immoral
conduct has been duly proven and the respondent lawyer as a resut may be suspended or
disbarred notwithstanding the withdrawal of the charges or desistance of the complainant. (Rayos-
Ombac v. Rayos, A.C. No. 2884 , January 28, 1998)

129. Should the second disbarment complaint be dismissed when the allegations stated therein
were already raised in a previously instituted disbarment proceeding where the complainant
was a witness?
Yes, when the same grounds raised were already contained in the complainant’s Sinumpaang
Salaysay as a witness in the first disbarment case, the second disbarment complaint must be
dismissed, especially when the complaint even contains the same annexes. (Palaban v. Atty. Salva, A.C.
No. 12098, March 20, 2019, J. Caguioa)

130. A lawyer abandoned his client right before the scheduled hearing because of the failure of
the client to give ‘pocket money’. The lawyer also failed to return the documents relative to
the client’s case despite repeated demands. The lawyer is 82 years old and this is his first
offense. Will his penalty be mitigated?
Yes. Failure of the lawyer to return, despite demand, the documents relative to the case after he
withdrew as his counsel is in violation of Rule 16.01, Canon 16 of the CPR. Nevertheless, the Court
in several cases, in determining or tampering the penalty to be imposed has considered mitigating
factors, such as advanced age, health, humanitarian and equitable considerations, as well as
whether the act complained of was his first infraction. Note: Lawyer was suspended for 6 months
instead of 1 year. (Sorongan, Jr. v. Atty. Gargantos, Sr., A.C. No, 11326, June 27, 2018, J. Caguioa)

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III. Provisional Remedies

Distinguish preliminary attachment, preliminary injunction, receivership, and replevin.

Action Time to file Grounds
Preliminary At the commencement a. In an action for the recovery of a specified amount of money or damages, other than moral and exemplary, on a cause of
Attachment of the action or at any action arising from law, contract, quasi-contract, delict or quasi-delict against a party who is about to depart from the Philippines
time before the entry of with intent to defraud his creditors;
judgment. b.In an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer, or an
officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other
person in a fiduciary capacity, or for a willful violation of duty;
c. In an action to recover the possession of property unjustly or fraudulently taken, detained or converted, when the property, or
any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the applicant or an
authorized person;
d. In an action against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon which the
action is brought, or in the performance thereof;
e. In an action against a party who has removed or disposed of his property, or is about to do so, with intent to defraud his
creditors; or
f. In an action against a party who does not reside and is not found in the Philippines, or on whom summons may be served by
publication.
Preliminary At any stage of the a. That the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission
Injunction action prior to the or continuance of the act or acts complained of, or in requiring the performance of an act or acts either for a limited period or
judgment or final order perpetually;
b. That the commission, continuance or non-performance of the act or acts complained of during the litigation would probably
work injustice to the applicant; or
c. That a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be done
some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding, and tending
to render the judgment ineffectual.
Receivership At any stage of the a. When it appears from the verified application, and such other proof as the court may require, that the party applying for the
proceedings and even appointment of a receiver has an interest in the property or fund which is the subject of the action or proceeding, and that such
up to the stage after the property or fund is in danger of being lost, removed, or materially injured unless a receiver be appointed to administer and
judgment has become preserve it;
final and executory as b. When it appears in an action by the mortgagee for the foreclosure of a mortgage that the property is in danger of being wasted
means of enforcing or dissipated or materially injured, and that its value is probably insufficient to discharge the mortgage debt, or that the parties
judgment have so stipulated in the contract of mortgage;
 c. After judgment, to preserve the property during the pendency of an appeal, or to dispose of it according to the judgment, or to
aid execution when the execution has been returned unsatisfied or the judgment obligor refuses to apply his property in
satisfaction of the judgment, or otherwise to carry the judgment into effect;
d. Whenever in other cases it appears that the appointment of a receiver is the most convenient and feasible means of preserving,
administering, or disposing of the property in litigation.
(Section 1, Rule 57; Section 1 & 3, Rule 58; Section 1, Rule 59; Section 1, Rule 60)

IV. Special Civil Actions

Distinguish the different kinds of Special Civil Actions.

Action Requisites
Interpleader a. The plaintiff claims no interest in the subject matter or his claim thereto is not disputed;
b. The parties to the interpleader must make effective claims;
c. There must be at least two or more conflicting claimants; and
d. The subject matter must be one and the same.
Declaratory a. The subject matter of the controversy must be a deed, will, contract or other written instrument, statute, executive order or regulation, or ordinance;
relief b. There must be an actual justiciable controversy or the “ripening seeds” of one between persons whose interests are adverse;
c. There must have been no breach of the documents in question
d. The terms of said documents and the validity thereof are doubtful and require judicial construction;
e. The issue must be ripe for judicial determination, as, for example, where all administrative remedies have been exhausted; and
f. Adequate relief is not available through other means or other forms of action or proceeding.
Action for a. There must have been a meeting of the minds of the parties to the contract;
Reformation b. The instrument does not express the true intention of the parties; and
c. The failure of the instrument to express the true intention of the parties is due to mistake, fraud, inequitable conduct or accident.
Action to quiet a. The plaintiff or complainant has a legal or an equitable title to or interest in the real property subject of the action; and
title b. The deed, claim, encumbrance, or proceeding claimed to be casting cloud on his title must be shown to be in fact invalid or inoperative despite its prima
facie appearance of validity or legal efficacy.
Certiorari a. There must be a controversy;
under Rule 65 b. Respondent exercises judicial or quasi-judicial functions;
c. Respondents acted without or in excess of its jurisdiction or acted with grave abuse of discretion amounting to lack of jurisdiction; and
d. There must be no appeal or other plain, speedy and adequate remedy.
Prohibition a. There must be a controversy;
b. Respondent exercises judicial or quasi-judicial functions;
c. Respondents acted without or in excess of its jurisdiction or acted with grave abuse of discretion amounting to lack of jurisdiction; and
d. There must be no appeal or other plain, speedy and adequate remedy.
 Mandamus a. There must be a clear legal right or duty;
b. The act to be performed must be practical—within the powers of respondent to perform such that if the writ of mandamus was issued, he can comply with
it, or else the essence will be defeated;
c. Respondent must be exercising a ministerial duty—a duty which is absolute and imperative and involves merely its execution;
d. The duty or act to be performed must be existing—a correlative right will be denied if not performed by the respondents; and
e. There is no other plain, speedy and adequate remedy in the ordinary course of law. preliminary injunction must be sought.
Quo Warranto a. A person is usurping, intruding into, or unlawfully holding a public office, position or franchise; and
b. The person suing must show a clear right to the contested office.
Expropriation a. The expropriator must enter a private property;
b. The entrance into private property must be for more than a momentary period;
c. The entry into the property should be under warrant or color of legal authority;
d. The property must be devoted to a public purpose or otherwise informally, appropriately or injuriously affected; and
e. The utilization of the property for public use must be in such a way as to oust the owner and deprive him of all beneficial enjoyment of the property.
Foreclosure a. There must have been the failure to pay the loan obtained from the mortgagee-creditor;
b. The loan obligation must be secured by a real estate mortgage; and
c. The mortgagee-creditor has the right to foreclose the real estate mortgage either judicially or extrajudicially.
Forcible Entry a. The plaintiff has prior physical possession of the property;
b. The plaintiff was deprived of possession either by force, intimidation, threat, strategy, or stealth; and
c. The action was filed within one year from the time the owners or legal possessors learned of their deprivation of the physical possession of the property.
Unlawful a. The possession of property by the defendant was by contract with or by tolerance of the plaintiff;
Detainer b. Such possession became illegal upon notice by plaintiff to defendant of the termination of the latter's right of possession;
c. The defendant remained in possession of the property and deprived the plaintiff of the enjoyment thereof; and
d. Within one year from the last demand on defendant to vacate the property, the plaintiff instituted the complaint for ejectment.
(Espejo, 2021; Salvador v. Patricia, Inc, G.R. No. 195834, November 09, 2016; DPWH v. Manalo, G.R. No. 217656, November 16, 2020; Metrobank v. S.F. Naguiat G.R. No. 178407, March 18, 2015; Sambalilo v. Sps.
Llarenas, G.R. No. 222685, June 21, 2017; Intramuros v. Offshore Construction, G.R. No. 196795, March 07, 2018)

SOAR HIGH, HERONS!