REMEDIAL LAW

PART I
I. GENERAL PRINCIPLES

1. What are the exceptions to the rule that jurisdiction over the subject matter may be
questioned at any stage of the proceedings?
a. there was a statutory right in favor of the claimant;
b. the statutory right was not invoked;
c. an unreasonable length of time lapsed before the claimant raised the issue of jurisdiction;
d. the claimant actively participated in the case and sought affirmative relief from the court without
jurisdiction;
e. the claimant knew or had constructive knowledge of which forum possesses subject matter
jurisdiction;
f. irreparable damage will be caused to the other party who relied on the forum and the claimant’s
implicit waiver. (Spouses Rebamonte vs. Spouses Lucero, G.R. No. 237812, October 2 2019, J. Caguioa)

2. What is the doctrine of non-interference or judicial stability?

The doctrine of non-interference or judicial stability provides that the judgment of a court of competent
jurisdiction could not be interfered with by any court of concurrent jurisdiction. A court that acquires
jurisdiction over the case and renders judgment therein has jurisdiction over its judgment, to the
exclusion of all other coordinate courts, for its execution and over all its incidents, and to control, in
furtherance of justice, the conduct of ministerial officers acting in connection with this judgment.
(Soliman vs. Tolentino, G.R. Nos. 229164 & 229186, September 2, 2019)

3. Discuss the different classifications of jurisdiction.

Original The power of the court to take judicial cognizance of a case instituted for judicial
action for the first time under conditions provided by law.
Appellate The authority of a court higher in rank to re-examine the final order or judgment of
a lower court which tried the case now elevated for judicial review.
General The power of the court to adjudicate all controversies except those expressly
withheld from the plenary powers of the court.
Special or One which restricts the court’s jurisdiction only to particular cases and subject to
Limited such limitations as may be provided by the governing law.
Exclusive The power to adjudicate a case or proceeding to the exclusion of all other courts at
that stage.
Concurrent The power conferred upon different courts, whether of the same or different ranks,
to take cognizance at the same stage of the same case in the same or different
judicial territories. Where there is concurrent jurisdiction, the court first taking
cognizance of the case assumes jurisdiction to the exclusion of the other courts.

4. What is the principle of continuity of jurisdiction?

Under the principle of continuity of jurisdiction or doctrine of adherence, a court or tribunal which
acquired jurisdiction over a case by the filing of the complaint, never lost said jurisdiction despite the
passage of a later law transferring jurisdiction to another court or administrative body. Once jurisdiction
is attached, it cannot be ousted by subsequent happenings or events, although of a character which
would have prevented jurisdiction from attaching in the first instance, and it retains jurisdiction until it
finally disposes of the case. (ERC v. Therma Mobile, G.R. Nos. 244449 & 244455-56 (Notice), September 29, 2021)

5. Which court has jurisdiction over a complaint for reversion to the public domain of a lot
covered by an OCT issued by virtue of a Certificate of Ancestral Land Title granted by the
National Commission on Indigenous Peoples (NCIP)?
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” and where the assessed value of the property
exceeds P20,000.00, fall under the jurisdiction of the RTC. (Republic v. Heirs of Paus, G.R. No. 201273, August
14, 2019, J. Caguioa)

6. Should a complaint be dismissed for lack of jurisdiction on the ground of non-referral of

the case to a barangay conciliation proceeding?
No, 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 (Spouses Belvis vs. Spouses Erola, G.R. No. 239727, July 24, 2019, J. Caguioa).
7. What are the prohibited motions and pleadings in summary procedure?
a. Motion to dismiss the complaint or to quash the complaint or information except on the ground of
lack of jurisdiction over the subject matter, or failure to comply with barangay conciliation;
b. Motion for a bill of particulars;
c. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
d. Petition for relief from judgment;
e. Motion for extension of time to file pleadings, affidavits, or any other papers;
f. Memoranda;
g. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
h. Motion to declare the defendant in default;
i. Dilatory motions for postponement;
j. Reply;
k. Third-party complaints; and
l. Interventions (Section 19, Revised Rule on Summary Procedure).

8. Does the Sandiganbayan have jurisdiction over drug cases involving public officers?
No. While it is true that the Sandiganbayan has jurisdiction over public officers, the RTC designated as
a drug court has been vested by R.A. No. 9165 with the EXCLUSIVE authority to hear violations of such
law. Hence, drug cases are exceptions to the jurisdiction of the Sandiganbayan, even if the offender is
a public officer. (De Lima v. Guerrero, GR. No. 229781, October 10, 2017)

II. CIVIL PROCEDURE

9. What are the requisites for proper joinder of causes of action?

The requisites for proper joinder of causes of action are the following:
a. The party joining the causes of action shall comply with the rules on joinder of parties;
b. The joinder shall not include special civil actions or actions governed by special rules;
c. Where the causes of action are between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of
action falls within the jurisdiction of said court and the venue lies therein; and
d. Where the claims in all the causes of action are principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction (Totality Rule). (Sec. 5, Rule 2, Revised Rules of Court).

10. Is a person who has legal interest in the properties subject of the preliminary attachment
an indispensable party, and thus be allowed to intervene in a case for sum of money?
No. The involvement is only incidental to the cause of action, i.e., recovery of sum of money based on
an obligation to pay. The issue on the ownership of the subject properties and the propriety of their
inclusion in the preliminary attachment is not determinative whatsoever as to whether plaintiff has a
cause of action for recovery of money. (Yu v. Miranda, G.R. No. 225752. March 27, 2019, J. Caguioa)

11. In a case for cancellation of title and reversion of property located inside the Fort
Stotsenburg Military Reservation, presently known as Clark Air Base (CAB), the RTC
granted a motion to dismiss on the ground that the Republic is not the real party in interest
because such property is under the direct control and ownership of the Bases Conversion
and Development Authority (BCDA). Is the RTC correct?
No. The BCDA is a mere trustee of the Republic. The transfer of the military reservations and other
properties — the CAB Lands — from the Clark Special Economic Zone to the BCDA was not meant to
transfer the beneficial ownership of these assets from the Republic to the BCDA. The Republic, being
the beneficial owner of the CAB Lands, is the real party in interest in an action for reversion and
cancellation of title over such lands (Republic v. Heirs of Bernabe, G.R.No. 237663, October 6, 2020, J. Caguioa).

12. May a party amend a pleading to cause it to conform to the evidence?

No. Under the Amended Rules, every pleading shall now include the evidence of the parties, except
when such issues not raised by the pleadings are tried with the express or implied consent of the
parties which in this case, shall be treated in all respects as if they had been raised in the pleadings.
(Sec. 6, Rule 7; Sec. 5, Rule 10, Revised Rules of Court)

13. May a receipt that acknowledges that payment was received be considered an actionable
document to allow the plaintiff to file a Reply?
No. Under the Revised Rules of Court, the plaintiff may file a Reply only if the defending party attaches
an actionable document to his or her answer. In this case, what is apparent is a mere written and
signed acknowledgment that money was received. There are no terms and conditions found therein
from which a right or obligation may be established. Hence, the receipt cannot be considered an
actionable document. (Ogawa vs. Menigishi, G.R. No. 193089, July 9, 2012).
14. What is the effect of willful and deliberate forum shopping on two pending actions?
Where there is forum shopping, the penalty is dismissal of both actions. Once there is a finding of
forum shopping, the penalty is summary dismissal not only of the petition pending before a higher
court, but also of the other case that is pending in a lower court. This is so because twin dismissal is
a punitive measure to those who trifle with the orderly administration of justice. (Heirs of Mampo v. Morada,
G.R. No. 214526, November 3, 2020, J. Caguioa)

15. BDO filed a Certiorari Petition before the Court of Appeals arguing that the RTC committed
grave abuse of discretion in finding the amount of the counter-bond of Sps. Chao in lieu of
the final and executory decision of the RTC in Civil Case No. 001 (Complaint for Recovery
of Possession). The CA dismissed the Petition on the ground that BDO did not disclose in
its certification against forum shopping another case involving BDO and Sps. Chao pending
before the RTC docketed as Civil Case No. 002 (Complaint for Nullification of Chattel
Mortgage). Is the dismissal correct?
No. There was an absence of identity of causes of action and reliefs being sought between the Certiorari
Petition and Civil Case No. 002. An omission in the certificate of non-forum shopping about any event
that would not constitute res judicata and litis pendencia is not fatal as to merit the dismissal and
nullification of the entire proceedings, given that the evils sought to be prevented by the said
certification are not present. (BDO vs. Great Domestic Insurance, Inc, G.R. No. 205286, June 19, 2019, J. Caguioa)

16. Who should execute the certification of non-forum shopping?

It is the plaintiff or principal party who should execute the certification of non-forum shopping under
oath. However, if, for reasonable or justifiable 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. (Dizon vs. Matti, Jr., G.R. No. 215614, March 27, 2019, J. Caguioa)

17. When may a motion for extension of time to file a pleading allowed?
A defendant may, for meritorious reasons, be granted an additional period of not more than thirty (30)
calendar days to file an Answer. A defendant is only allowed to file one (1) motion for extension of
time to file an answer. A motion for extension to file any pleading, other than an answer, is prohibited
and considered mere scrap of paper. The court, however, may allow any other pleading to be filed
after the time fixed by the Rules of Court. (Sec. 11, Rule 11, Revised Rules of Court)

18. Discuss the prescribed rule in filing through electronic mail or electronic means.
When As may be authorized by the Supreme Court in places where the court is electronically
made equipped.

Filing The date of electronic transmission shall be considered as the date of filing.

Proof By affidavit of electronic filing of the filing party accompanied by a copy of the
electronic acknowledgement of its filing by the court (Sec 16(e), Rule 13)

19. Discuss the rules of summons upon a domestic private juridical entity.
When the defendant is a corporation, partnership or association In case the domestic juridical
organized under the laws of the Philippines with a juridical entity is under receivership or
personality, service may be made on the: liquidation, service of summons
1. president, shall be made on the:
2. managing partner, 1. receiver or
3. general manager, 2. liquidator, as the case may
4. corporate secretary, be.
5. treasurer, or
6. in- house counsel of the corporation wherever they may be
found, or
7. in their absence or unavailability, on their secretaries.
8. If such 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.

Should there be a refusal on the part of the persons above-mentioned to receive summons despite
at least three (3) attempts on two (2) different dates, service may be made electronically, if allowed
by the court.
(Section 12, Rule 14, Revised Rules of Court )
20. Distinguish actions in rem, quasi in rem, and in personam in relation to summons.
Action in Personam Actions in Rem Actions Quasi in Rem

An action against a person An action against the An individual is named as defendant and
on the basis of his personal thing itself instead of the purpose of the proceeding is to
liability. against the person subject his interest therein to the
obligation or lien burdening the property

Jurisdiction over the person Jurisdiction over the person of the defendant is not a prerequisite to
of the defendant is confer jurisdiction on the court provided that the court acquires
necessary for the court to jurisdiction over the res, which is acquired: (1) by the seizure of the
validly try and decide the property under legal process, whereby it is brought into actual custody
case. of the law; or (2) as a result of the institution of legal proceedings, in
which the power of the court is recognized and made effective.

Service of summons Not required. However, summons must be served upon the
upon the defendants is defendant not for the purpose of vesting the court with jurisdiction
essential in order for the but merely for satisfying the due process requirements.
court to acquire jurisdiction
over their persons.

Only upon the parties The whole world. Only upon the particular persons.
impleaded or their
successors-in-interest

21. What are the modes of service of summons upon a natural person.
Personal Served by handing a copy thereof to the defendant in person and informing the
defendant that he or she is being served, or, 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 If, for justifiable causes, the defendant cannot be served personally 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; and
d. (d) By sending an electronic mail to the defendant's electronic mail address,
if allowed by the court.

Publication 1. Service upon a defendant whose identity or whereabouts are unknown.

2. Extraterritorial service upon a non-resident defendant.
3. Service upon a resident temporarily out of the Philippines.

Extraterritorial Extraterritorial service of summons may be availed of:

A) When the defendant is a non-resident and is not found in the Philippines; and
B) 1) The action affects the personal status of the plaintiff; or
2) The action relates to property within the Philippines:
a) In which the defendant has or claims an interest, or
b) In which the relief demanded consists of excluding the defendant from
any interest therein; or
3) An action wherein the property of the defendant has been attached
within the Philippines.

International Service may be made through methods which are consistent with established
Conventions international conventions to which the Philippines is a party.
22. What are litigious and non-litigious motions?
Litigious Motions Non-litigious Motions

Litigious motions are those which the court may not act
upon without prejudicing the rights of the adverse party.
The opposing party shall file his or her opposition to a
litigious motion within five (5) calendar days from receipt
thereof. No other submissions shall be considered by the
court in the resolution of the motion. The motion shall be
resolved by the court within fifteen (15) calendar days
from its receipt of the opposition thereto, or upon
expiration of the period to file such opposition.
Non-litigious motions are those motions
which the court may act upon without
prejudicing the rights of adverse
parties. These motions shall not be set
for hearing and shall be resolved by the
court within 5 calendar days from
receipt thereof.

These motions include: These motions include:

1. Motion for bill of particulars; 1. Motion for the issuance of
2. Motion to dismiss; an alias summons;
3. Motion for new trial; 2. Motion for extension to file
4. Motion for reconsideration; answer;
5. Motion for execution pending appeal; 3. Motion for postponement;
6. Motion to amend after a responsive pleading has 4. Motion for the issuance of a
been filed; writ of execution;
7. Motion to cancel statutory lien; 5. Motion for the issuance of
8. Motion for an order to break in or for a writ of an alias writ of execution;
demolition; 6. Motion for the issuance of a
9. Motion for intervention; writ of possession;
10. Motion for judgment on the pleadings; 7. Motion for the issuance of
11. Motion for summary judgment; an order directing the
12. Demurrer to evidence; sheriff to execute the final
13. Motion to declare defendant in default; and certificate of sale; and
14.Other similar motions. 8. Other similar motions.
(Sections 4 & 5, Rule 15, Revised Rules of Court)

23. What are the prohibited motions under the Revised Rules on Civil Procedure?
The following motions shall not be allowed:
a. Motion to dismiss except on the following grounds:
1. That the court has no jurisdiction over the subject matter of the claim;
2. That there is another action pending between the same parties for the same cause; and
3. That the cause of action is barred by a prior judgment or by the statute of limitations.
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 for one (1)
motion for extension to file an answer which may, for meritorious reasons, be granted for a period
of not more than thirty (30) calendar days.; and
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. (Section 12, Rule 15, Revised Rules of Court)

24. What are the Modes of Discovery provided for by the Rules of Court?
Depositions Upon ex parte motion of a party, the testimony of any person, whether a party or
pending action not, may be taken by deposition upon oral examination or written interrogatories.

Depositions In depositions before action, a In depositions pending appeal, if an appeal

before action person who desires to perpetuate
or pending his or her own testimony or that
appeal of another person regarding any
matter that may be cognizable in
any court of the Philippines, may
file a verified petition in the court
of the place of the residence of
any expected adverse party.
has been taken from a judgment of a court,
including the Court of Appeals in proper cases,
or before the taking of an appeal if the time
therefor has not expired, the court in which
the judgment was rendered may allow the
taking of depositions of witnesses to
perpetuate their testimony for use in the event
of further proceedings in the said court.
 Interrogatories Upon ex parte motion, any party desiring to elicit material and relevant facts from
to parties any adverse parties shall:
1. File and serve upon the latter written interrogatories to be answered by the
party served; or
2. If the party served is a public or private corporation or a partnership or
association, by any officer thereof competent to testify in its behalf.

Request for At any time after issues have been joined, a party may file and serve upon any
admission by other party a written request for the admission by the latter of the genuineness of
adverse party any material and relevant document described in and exhibited with the request
or of the truth of any material and relevant matter of fact set forth in the request.
Copies of the documents shall be delivered with the request unless copies have
already been furnished.

Motion for Upon motion of any party showing good cause therefor, the court in which an
production or action is pending may (Sec. 1, Rule 27)
inspection of
documents or (a) Order any party to produce and permit the (b) Order any party to permit
things inspection and copying or photographing, by or entry upon designated land or
on behalf of the moving party, of any other property in his or her
designated documents, papers, books, possession or control for the
accounts, letters, photographs, objects or purpose of inspecting,
tangible things, not privileged, which constitute measuring, surveying, or
or contain evidence material to any matter photographing the property or
involved in the action and which are in his or any designated relevant object
her possession, custody or control. or operation thereon.

Physical or In an action in which the mental or physical condition of a party is in controversy,

mental the court in which the action is pending may in its discretion order him or her to
examination submit to a physical or mental examination by a physician. (Sec. 1, Rule 28)

25. May the rules on taking deposition in civil cases be applied in criminal cases?
Yes. It may be applied suppletorily in criminal cases provided there is compelling reason, in the interest
of substantial justice and fairness. (People v. Sergio, G.R. No. 240053, October 9, 2019).

26. Distinguish Demurrer in Civil Case vs. Demurrer in Criminal Case

Civil Case (R33) Criminal Case (R119)

Ground Anchored upon the failure of the Predicated upon prosecution’s

plaintiff to show that he is entitled to insufficiency of evidence.
relief, upon the facts and the law or
insufficiency of evidence.

Leave of In civil cases, leave of court is not May be filed with or without leave of
Court required before filing a demurrer court.

If Demurrer If the demurrer is denied, the defendant If the defense filed the demurrer with
Denied does not lose his right to present his leave of court, the defense may present
evidence. evidence upon denial of demurrer.

When without leave of court and the

demurrer is denied, the defense is
deemed to have waived the right to
present evidence and thus submits the
case for judgment on the basis of
evidence offered by the prosecution.

If Demurrer If the demurrer is granted, the plaintiff No appeal is allowed when a demurrer
Granted may appeal and if the dismissal is is granted because the dismissal is
reversed, the defendant is deemed to deemed an acquittal.
have waived his right to present his
evidence.
27. Does Demurrer to Evidence apply in Special Proceedings?
Yes. In Oropesa vs. Oropesa, the Supreme Court held that with the failure of petitioner to formally
offer his documentary evidence in a petition for guardianship, his proof of his father’s incompetence
consisted purely of testimonies given by himself and his sister and their father’s former caregiver. These
testimonies, which did not include any expert medical testimony, were insufficient to convince the trial
court of petitioner’s cause of action and instead lead it to grant the demurrer to evidence that was filed
by respondent. (G.R. No. 184528, April 25, 2012)

28. Does the grant of a Motion for Execution of Judgment in the RTC render moot and academic
a Petition for Certiorari under Rule 65, which is still pending in the Court of Appeals?
No. The execution of the judgment cannot be considered as a supervening event that would
automatically moot the issues in the Petition. Rule 39, Section 5 of the Rules of Court states that where
the executed judgment is reversed totally or partially, or annulled, on appeal or otherwise, the trial
court may, on motion, issue such orders of restitution or reparation of damages as equity and justice
may warrant under the circumstances. (Valencia (Bukidnon) Farmers Cooperative Marketing Association, Inc., v. Heirs
of Amante Cabotaje, G.R. No. 219984, April 3, 2019, J. Caguioa)

29. What are the two concepts of res judicata and how do they differ?
Bar By Prior Judgment Conclusiveness of Judgment
Rule 39, Section 47(b) Rule 39, Section 47(c)
There must be between the first There is only identity of parties and subject matter in the first
and second actions, identity of and second actions. Since there is no identity of cause of action,
parties, subject matter, and the judgment in the first case is conclusive only as to those
causes of action. matters actually and directly controverted and determined.
(Abad v. Heirs of Gallardo, G.R. No. 229070 (Resolution), November 10, 2020, J. Caguioa)

III. PROVISIONAL REMEDIES

30. The Heirs of Nuesa filed a Complaint for Quieting of Title with Prayer for Temporary
Restraining Order and Preliminary Injunction against PI Two. On September 20, 2017,
Judge Mendoza issued a 72-hour TRO and set the hearing for the extension of the same
on September 25, 2017. Judge Mendoza issued an Order extending the validity of the TRO
until October 12, 2017. Was the extension of the effectivity of the TRO proper?
No. Section 5, Rule 58 states that a summary hearing to determine if a 72-hour TRO should be
extended must be conducted within the 72-hour period. Here, the court set the hearing on September
25, 2017, two (2) days beyond the effectivity of the 72-hour TRO. An already expired TRO
can no longer be extended. (Philippine Investment, Inc. v. Mendoza, A.M. No. RTJ-18-2538, November 21, 2018, J.
Caguioa)

31. Distinguish Preliminary Injunction from Temporary Restraining Order (TRO).

Preliminary Injunction Temporary Restraining Order (TRO)

Granted at any stage of an action or proceeding
prior to the judgment or final order, requiring a
party or a court, agency or a person to refrain
from a particular act or acts. It may also require
the performance of a particular act or acts, in
which case it shall be known as a preliminary
mandatory injunction.
Issued if it shall appear from the facts shown by
affidavits or by the verified application that great
or irreparable injury would result to the applicant
before the matter can be heard on notice, the
court to which the application for preliminary
injunction was made.

No preliminary injunction shall be granted Can be issued ex-parte. The trial court may issue
without hearing and prior notice to the party or temporary restraining order even without prior
person sought to be enjoined. hearing for a limited period of 72 hours "if the
matter is of extreme urgency and the
applicant will suffer grave injustice and
irreparable injury."

A writ of preliminary injunction remains until it The TRO dies a natural death upon its expiration.
is dissolved. It is merely temporary, subject to It cannot be extended (sunset clause).
the final disposition of the principal action. 1. RTC: 72 hours or 20 days.
2. CA and coordinate bodies: 60 days.
3. SC: effective until further notice.
 IV. SPECIAL CIVIL ACTIONS

32. Distinguish Certiorari, Prohibition, and Mandamus.

Certiorari Prohibition Mandamus
Respondents Any tribunal, board Any tribunal, Any tribunal,
or officer. corporation, board, corporation, board,
officer or person. officer or person.
Functions Discretionary. Both. Ministerial.
Grounds Without or in excess Without or in excess of (a) Unlawfully neglects
of its or his its or his jurisdiction, or the performance of an
jurisdiction, or with with grave abuse of act which the law
grave abuse of discretion amounting to specifically enjoins as a
discretion amounting lack or excess of duty resulting from an
to lack or excess of jurisdiction. office, trust, or station,
jurisdiction. or (b) Unlawfully
excludes another from
the use and enjoyment
of a right or office to
which such other is
entitled.

Common There is no appeal, or any plain, speedy, and adequate remedy in the ordinary
denominator course of law.
Prayer Annul or modify the Desist from further Immediately or at
proceedings. proceedings in the some other time to be
action or matter specified by the court,
specified therein. to do the act required
to be done to protect
the rights of the
petitioner, and to pay
the damages sustained
by the petitioner by
reason of the wrongful
acts of the respondent.

33. What are the instances when failure to file a motion for reconsideration will not bar a
special civil action for certiorari?
1. Where the order is a patent nullity, as where the court a quo has no jurisdiction;
2. Where the questions raised in the certiorari proceedings 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;
3. 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;
4. Where, under the circumstances, a motion for reconsideration would be useless;
5. Where petitioner was deprived of due process and there is extreme urgency for relief;
6. 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;
7. Where the proceedings in the lower court are a nullity for lack of due process;
8. Where the proceeding was ex parte or in which the petitioner had no opportunity to object; and
9. Where the issue raised is one purely of law or where public interest is involved. (Del Monte Land
Transport Bus Co. v. Abergos, G.R. No. 245344, December 2, 2020, J. Caguioa).

34. Is the non-filing of a case for expropriation of a privately-owned property that the
government had long used a ground for the return of the property to the landowner?
No. The failure for a long time of the owner to question the lack of expropriation proceedings covering
a property that the government had taken constitutes a waiver of his right to gain back possession.
The landowner's remedy is an action for the payment of just compensation, not ejectment. As to the
time when just compensation should be fixed, it is settled that where property was taken without the
benefit of expropriation proceedings and its owner filed an action for recovery of possession before the
commencement of expropriation proceedings, it is the value of the property at the time of taking that
is controlling. (Republic vs. Mendoza as cited in National Transmission Corp. v. Bermuda Development Corp., G.R. No. 214782,
April 3, 2019, J. Caguioa)

35. When is an action for quo warranto imprescriptible?

An action for quo warranto is imprescriptible if brought by the state at its own instance (Republic vs.
Sereno, G.R. no. 237428, June 19, 2018).
36. What are the three kinds of possessory action on real property?
Accion Interdictal Accion Publiciana Accion Reinvidicatoria
A summary ejectment proceeding, The plenary action to recover the An action for recovery of
which may be either for forcible better right of possession, which ownership which must be
entry or unlawful detainer, for the should be brought in the proper brought in the proper
recovery of physical or material inferior court or Regional Trial inferior court or Regional
possession where the dispossession Court depending upon the value Trial Court depending
has not lasted for more than one of the property, when the upon the value of the
year, and should be brought in the dispossession has lasted for more property.
proper inferior court. than one year.
(Heirs of Cullado vs. Gutierrez, G.R. No. 212938, July 30, 2019, J. Caguioa)

37. Distinguish Forcible Entry from Unlawful Detainer.

Forcible Entry Unlawful Detainer

Possession of the land by the defendant is unlawful Possession is inceptively lawful but it
from the beginning as he acquires possession by becomes illegal by reason of the termination
Force, Intimidation, Strategy, Threat or Stealth of his right to the possession of the property
(FISTS). under his contract with the plaintiff.

Demand to vacate is not required before the filing of As a rule, demand to vacate is jurisdictional.
the action because the occupancy is illegal from the
very beginning.

General Rule: The 1-year period is counted from the
date of actual entry on the land.
Exception: When entry is by stealth, the period must
be counted from the demand to vacate upon learning
of the stealth.
Period is counted from the date of the last
demand or last letter of demand in case of
non-payment of rentals or violation of the
conditions of the lease.

38. BDC filed a case in the MTC for unlawful detainer against TCO, a public utility corporation
endowed with the power of eminent domain. Judgment was issued in favor of BDC
ordering TCO to vacate the subject lot. Aggrieved, TCO filed an appeal before the RTC and
a Complaint for Expropriation. The RTC dismissed TCO’s appeal in the unlawful detainer
case for being “moot and academic” because with the filing of the expropriation
proceeding, TCO may be considered to have abandoned its appeal. Is the RTC correct?
No. The MTC was bereft of jurisdiction to entertain the unlawful detainer case. A case filed by a
landowner for ejectment against a public utility corporation, endowed with the power of eminent
domain, which has occupied the land belonging to the former in the interest of public service without
prior acquisition of title thereto by negotiated purchase or expropriation proceedings. Hence, the
subsequent filing of the expropriation proceedings could not have rendered the unlawful detainer case
moot and academic. (National Transmission Corporation v. Bermuda Development Corporation, G.R. No. 214782, April 3,
2019, J. Caguioa)

39. Distinguish the kinds of foreclosure.

Judicial Foreclosure Extrajudicial Foreclosure

Judicial foreclosure of real estate mortgage
is governed by the provisions of Rule 68 of
the Rules of Court. Like any ordinary civil
action filed in court it shall be proven by
preponderance of evidence.
Extra-judicial foreclosure is the mode to be used if there
is a special power inserted in or attached to the real
estate mortgage contract allowing an extra-judicial
foreclosure sale. It is a procedure which effectively
safeguards the rights of both debtor and creditor.

There is only an equity of redemption and There is a right of redemption. The one-year period of
no right of redemption, except when the redemption is counted from the date of the registration
mortgagee is a banking institution. of the certificate of sale.

If upon the sale of any real property there Recovery of deficiency may be allowed through an
be a balance due to the plaintiff after independent action.
applying the proceeds of the sale, the court,
upon motion, shall render judgment against
the defendant for any such balance.
Note: The General Banking Act of 2000 specifically Sec. 47, 2nd paragraph shortens the period of redemption in extrajudicial
foreclosure when the mortgagor is a juridical person to three (3) months.
40. Which court has jurisdiction over a case for indirect contempt committed against a quasi-
judicial body?
The regional trial court of the place where the contemptuous acts have been committed, and not the
Supreme Court, that acquires jurisdiction over the indirect contempt case. (Spouses Rodriguez vs. Housing
and Land Use Regulatory Board, G.R. No. 183324, June 19, 2019, J. Caguioa)

V. SPECIAL PROCEEDINGS AND SPECIAL WRITS

41. What is the Statute of Non-Claims?

The statute of non-claims is the time fixed by court for the filing of claims against the estate which
shall not be more than twelve nor less than six months after the date of the first publication of the
notice requiring all persons having money claims against the decedent to file their claims. (Sec 2, Rule 86,
Revised Rules of Court)

42. How many witnesses are required in the making and presentation of a will?
Kinds of Will Witnesses

Making of a Will

Holographic Will No witness. The will must be in the handwriting

of the testator, dated, and signed.

Notarial Will At least three (3) subscribing witnesses.

Allowance of a Will

Uncontested Holographic Will At least one (1) witness who knows the signature
and handwriting of the testator. If there’s none,
then an expert witness.

Contested Holographic Will Three (3) witnesses who know the signature and
handwriting of the testator.

Uncontested Notarial Will At least one (1) subscribing witness to testify

that the will is executed as required by law.

Contested Notarial Will Four (4) witnesses: (a) 3 - Subscribing

witnesses; and (b) 1 - Notary Public.

43. A, alleged widow of B, filed a motion for intervention in the probate of wills of B’s parents
in RTC Branch 1, arguing that she is entitled to the portion belonging to B. The estate of B
is being settled in RTC Branch 2. Will the motion for intervention prosper?
No. Given the exclusivity of jurisdiction granted to the court first taking cognizance of the settlement
of a decedent's estate, RTC-2 has the exclusive jurisdiction over the intestate estate of B while RTC-1
has exclusive jurisdiction over the testate estates of B’s parents. (Tirol v. Nolasco, G.R. No. 230103, August 27,
2020, J. Caguioa)

44. Discuss the differences of Rule 103, Rule 108, and RA 9048, as amended.

Change of Name (Rule Cancellation or Correction Clerical Error Law

103)
1. Change surname; or
2. Change BOTH first
name and surname.
A person desiring
change his name.
of Entries. (Rule 108)
Substantial cancellations or
corrections of entries in the
civil registry.
to Any person interested in any
act, event, order or decree
concerning the civil status of
persons which has been
recorded in the civil register.
(RA 9048, as amended)
1. Clerical or typographical errors and
2. Change of:
a. first name or nickname,
b. the day and month in the date
of birth or
c. sex of a person where it is
patently clear that there was a
clerical or typographical error
or mistake in the entry.
Any person having direct and personal
interest in the correction of a clerical
or typographical error in an entry
and/or change of first name or
nickname in the civil register.
 RTC of the province in RTC of city or province where 1. Local civil registry office of the city
which petitioner resided for the corresponding civil or municipality where the record
3 years prior to filing. registry is located. being sought to be corrected or
changed is kept;
2. Local civil registrar of the place
where the interested party is
presently residing or domiciled;
3. Philippine Consulate
a. When the name is Upon good and valid grounds. The petition for change of first name
ridiculous, or nickname may be allowed in any of
dishonorable or the following cases:
extremely difficult to 1. The petitioner finds the first name
write or pronounce; or nickname to be ridiculous,
b. When the change tainted with dishonor or extremely
results as a legal difficult to write or pronounce.
consequence, as in 2. The new first name or nickname
legitimation; has been habitually and
c. When the change will continuously used by the
avoid confusion; petitioner and he has been publicly
d. When one has known by that first name or
continuously used and nickname in the community; or
been known since 3. The change will avoid confusion.
childhood by a Filipino
name, and was
unaware of alien
parentage;
e. 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.
Judicial Judicial Administrative

45. Ruben filed a petition for change of name under Rule 103 seeking to correct his name
“Feliciano Bartholome” appearing in his birth certificate to “Ruben Cruz Bartolome”. Did
he avail of the correct remedy?
No. The change of first name from "Feliciano" to "Ruben" is covered by R.A. 9048, as amended. The
prayer to enter his middle name “Cruz” is a mere clerical error, which may be corrected by referring to
existing records. Thus, it is primarily administrative in nature and should be filed pursuant to R.A. 9048,
as amended. Lastly, as petitioner's misspelled surname, "Bartholome," may be readily corrected by also
referring to the existing records of the civil registrar, such as the surnames of petitioner's parents and
immediate family members, the petition should have been filed under R.A. 9048, as ameded. Petitioner
may only avail of the appropriate judicial remedies when the changes/corrections sought through the
administrative proceeding are denied. By "appropriate," if the prayer to administratively change
petitioner's first name is denied, the same may be brought under Rule 103 of the Rules of Court. If the
prayers to administratively correct petitioner's middle name and surname are denied, the same may
be brought under Rule 108 of the Rules of Court. (Bartolome v. Republic, G.R. No. 243288, August 28, 2019, J.
Caguioa)

46. Is SLAPP applicable in cases of domestic violence against women and children under R.A.
No. 9262?
 No. SLAPP refers to an action whether civil, criminal or administrative, brought against any person,
institution or any government agency or local government unit or its officials and employees, with the
intent to harass, vex, exert undue pressure or stifle any legal recourse that such person, institution or
government agency has taken or may take in the enforcement of environmental laws, protection of the
environment or assertion of environmental rights. (Mercado et. al vs Lopena, G.R. No. 230170, June 6, 2018,
Caguioa)

47. When may a Temporary Environmental Protection Order (TEPO) be issued?

A TEPO may be issued if it appears from the verified complaint with a prayer for the issuance of an
EPO that:
a. The matter is of extreme urgency; and
b. The applicant will suffer grave injustice and irreparable injury. (Rule 2, Sec. 8, A.M. No. 09-6-8-SC)

48. Distinguish between Writ of Kalikasan and Writ of Continuing Mandamus.

Writ of Kalikasan Continuing Mandamus

Venue SC and CA only. RTC, CA and SC.

Respondents Includes private individuals or entities. Only Government or its officers.

Petitioners It is sufficient that the person filing It is only available to one who is
represents the inhabitants prejudiced by personally aggrieved by the unlawful
the environmental damage. act or omission. (Segovia v. Climate
Change Commission, G.R. No. 211010, March
7, 2017, J. Caguioa)

Subject Unlawful act or omission involving Unlawful neglect in the performance

Matter environmental damage affecting two or of duty; unlawful exclusion from use
more cities or provinces. or enjoyment of a right.

Docket Fees Exempt. Exempt.

Discovery Ocular inspection & production of None.

documents.

Damages Award not available to individual petitioner. Personal damages may be awarded.
Must file separate action for damages.

VI. CRIMINAL PROCEDURE

49. What is the rule for the injunction of criminal prosecution?

As a general rule, the courts will not issue writs of prohibition or injunction whether preliminary or final
in order to enjoin or restrain any criminal prosecution. But there are extreme cases in which exceptions
to the general rule have been recognized, including:
1. To afford adequate protection to the constitutional rights of the accused;
2. When necessary for the orderly administration of justice or to avoid oppression or multiplicity
of suits;
3. When there is a prejudicial question which is subjudice;
4. When the acts of the officer are without or in excess of authority;
5. When the prosecution is under an invalid law, ordinance or regulation;
6. When double jeopardy is clearly apparent;
7. When the court has no jurisdiction over the offense;
8. When it is a case of persecution rather than prosecution;
9. When the charges are manifestly false and motivated by lust for vengeance; and
10. When there is clearly no prima facie case against the accused and a motion to quash on that
ground has been denied. (BPI vs. Hon. Judge Agapito Hontanosas, GR No. 157163, June 25, 2014)

50. What is the variance rule in criminal cases?

When there is variance between the offense charged in the complaint or information and that proved,
and the offense as charged is included in or necessarily includes the offense proved, the accused shall
be convicted of the offense proved which is included in the offense charged, or of the offense charged
which is included in the offense proved. (Sec. 4, Rule 120, Revised Rules of Court).

51. Distinguish a search warrant from a warrant of arrest

Search Warrant Warrant of Arrest
 Preliminary examination leads to its issuance or non-issuance

Both rendered by the judge

For the purpose of taking personal property into
the custody of the law.
The court must always conduct searching questions
upon the complainant and his witnesses. Probable
cause for a search warrant is the existence of such
facts and circumstances which would lead a
reasonably discreet and prudent man to believe that
an offense has been committed and that the objects
sought in connection with the offense are in the place
to be searched.
Should be executed only in the daytime unless
otherwise stated in the warrant itself.
Only good for 10 days; whether implemented or not,
the search warrant dies on the 11th day.
For the purpose of taking a person into the
custody of the law.
The judge is required to conduct an
investigation or examination but the court may
dispense with the personal examination and
may simply rely on the report of the fiscal.
Probable cause required in arrest, the judge
must have sufficient facts to show that a crime
has been committed and that a particular
person has committed it.
An arrest may be made on any day and at any
time of the day or night.
Imprescriptible; until and unless implemented.

52. What are the exceptions to the search warrant requirement?

Exceptions to search warrant requirement are the following
a. Search incidental to Lawful Arrest (Rule 126, Section 13, Rules of Court);
b. Consented search freely and voluntarily given;
c. Search of a Moving Vehicle on the basis of probable cause;
d. Checkpoint search "conducted in a way least intrusive to motorists," which is limited to a visual
search.
e. Body Checks in the airport;
f. Plain View situation when:
1. A prior valid intrusion based on the valid warrantless arrest in which the police are legally
present in the pursuit of their official duties;
2. The evidence was inadvertently discovered by the police who had the right to be where they
are;
3. The evidence must be immediately apparent, and
g. Justified mere seizure of evidence without further search.
h. Stop and Frisk situation only for the following interests:
1. Effective crime prevention and detection, which under appropriate circumstances and in an
appropriate manner, may approach a person for purposes of investigating possible criminal
behavior even without probable cause; and
2. Safety and self-preservation which permit the police officer to take steps to assure himself that
the person with whom he deals is not armed with a deadly weapon that could unexpectedly
and fatally be used against the police officer. (People v. Cogaed, G. R. No. 200334, 30 July 2014)
h. Enforcement of Custom Laws

53. When is warrantless arrest lawful?

A peace officer or private person may arrest without warrant:
a. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense (in flagrante delicto);
b. When an offense has just been committed and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it;
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another. (Sec. 5, Rule 113, Revised Rules of
Court)
d. When an accused released on bail attempts to depart from the Philippines without permission of
the court where the case is pending. (Sec. 23, Rule 114, Revised Rules of Court)

54. Can the police conduct a warrantless intrusive search of a vehicle on the sole basis of an
unverified tip relayed by an anonymous informant?
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)

55. What is the Exclusionary Rule or Fruit of the Poisonous Tree Doctrine
The exclusionary rule provides that evidence obtained and confiscated on the occasion of unreasonable
searches and seizures is deemed tainted and should be excluded for being the proverbial fruit of a
poisonous tree. In other words, evidence obtained from unreasonable searches and seizures shall be
 inadmissible in evidence for any purpose in any proceeding. (People vs. Sapla y Guerrero, G.R. No. 244045, June
16, 2020, J. Caguioa)

56. May the court grant bail as a matter of right based on humanitarian grounds?
Yes. Bail for the provisional liberty of the accused, regardless of the crime charged, should be allowed
independently of the merits of the charge, provided continued incarceration is clearly shown to be
injurious to health or to endanger his life. Indeed, denying bail despite imperiling health and life would
not serve the true objective of preventive incarceration during the trial. (Enrile vs. Sandiganbayan (Third
Division), G.R. No. 213847 August 18, 2015)

57. Is arraignment required before the court may grant a Petition for Bail?
No. The arraignment of an accused is not a prerequisite to the conduct of hearings on his petition for
bail. A person is allowed to petition for bail as soon as he is deprived of his liberty by virtue of his arrest
or voluntary surrender. An accused need not wait for his arraignment before filing a petition for bail.
(People vs. Escobar, G.R. No. 214300, July 26, 2017).

58. Distinguish Executive and Judicial Determination of Probable Cause.

Executive Determination Judicial Determination

It is made during a preliminary investigation. It is made by the judge to ascertain whether a

warrant of arrest should be issued against the
accused.
A function that properly pertains to the public While it is within the trial court’s discretion to
prosecutor who is given a broad discretion to make an independent assessment of the
determine whether probable cause exists and to evidence on hand, it is only for the purpose of
charge those whom he believes to have determining whether a warrant of arrest should
committed the crime as defined by law and, thus, be issued.
should be held for trial.
(Mendoza vs. People, G.R. No. 197293, 21 April 2014, quoting People vs. Castillo, G.R. No. 171188, June 19, 2009)

59. When is bail a matter of right and a matter of discretion?

Bail as a matter of right Bail as a matter of discretion

All persons in custody shall be Bail is a matter of discretion in the following cases:
admitted to bail as a matter of 1. Upon conviction by the RTC of an offense not punishable by
right, with sufficient sureties, or death, reclusion perpetua or life imprisonment, admission to
released on recognizance: bail is discretionary.
1. Before or after conviction by 2. After conviction by the RTC wherein a penalty of
the MTC; and imprisonment exceeding 6 but not more than 20 years is
2. Before conviction by the RTC imposed, and not one of the circumstances below is present
of an offense not punishable and proved:
by death, reclusion perpetua, a. Recidivism, quasi-recidivism or habitual delinquency
or life imprisonment. or commission of crime aggravated by the
circumstances of reiteration;
b. Previous escape from legal confinement, evasion of
sentence or violation of the conditions of bails
without valid justification;
c. Commission of an offense while on probation, parole
or under conditional pardon;
d. Circumstance of the accused or his case indicates
the probability of flight if released on bail;
e. Undue risk of commission of another crime by the
accused during pendency of appeal.
(Sections 4 & 5, Rule 114, Revised Rules of Court)

60. Where is Bail filed?

1. Bail in the amount fixed may be filed with the court where the case is pending, or, in the absence
or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge,
municipal trial judge, or municipal circuit trial judge in the province, city, or municipality. If the
accused is arrested in a province, city, or municipality other than where the case is pending, bail
may be filed with any regional trial court of said place, or, if no judge thereof is available, with any
metropolitan trial judge, municipal trial judge or municipal circuit trial judge therein.
 2. Where the grant of bail is a matter of discretion, or the accused seeks to be released on
recognizance, the application may be filed only in the court where the case is pending, on trial or
appeal.
3. Any person in custody who is not yet charged in court may apply for bail with any court in the
province, city or municipality where he is held. (Sec. 17, Rule 114, Revised Rules of Court, as amended by A.M.
No. 05-8-26-SC).

61. Is an extraditee entitled to bail?

Yes. While our extradition law does not provide for the grant of bail to an extraditee, however, there
is no provision prohibiting him or her from filing a motion for bail, a right to due process under the
Constitution. (Hong Kong vs. Olalia, Jr., G.R. No. 153675, April 19, 2007).

62. What must the court do if the accused files a motion to quash on the ground that the facts
charged do not constitute an offense?
When an accused files a motion to quash on the ground that the facts charged do not constitute an
offense, the trial court is mandated to deny the motion and give the prosecution an opportunity to
amend the information. It must immediately be noted that the Rules do not prescribe a period for filing
an amended information by the prosecution when so ordered by the trial court in response to a motion
to quash (Lazaro, v. People, G.R. No. 230018, June 23, 2021, J. Caguioa).

63. What is the duty of trial courts in instances where the accused pleads guilty to a capital
offense?
When the accused pleads guilty to a capital offense, the court shall:
1. Conduct a searching inquiry into the voluntariness and full comprehension of the consequences of
his plea and
2. Require the prosecution to prove his guilt and the precise degree of culpability.
The accused may present evidence in his behalf. (Sec. 3, Rule 116, Revised Rules of Court, People v. Pagal, G.R.
No. 241257, September 29, 2020)

64. Is plea bargaining allowed in drug cases?

Yes. The Supreme Court declared Sec. 23 of RA 9165 or the Comprehensive Dangerous Drugs Act of
2002, prohibiting plea bargaining in drug cases, to be unconstitutional for being violative of the Court’s
rule-making authority under the Constitution. Properly administered, plea bargaining is to be
encouraged because the chief virtues of the system - speed, economy, and finality - can benefit the
accused, the offended party, the prosecution, and the court. (Estipona, Jr. vs. Lobrigo, G.R. No. 226679, August
15, 2017)

65. What are the prohibited pleadings under the rules of continuous trial of criminal cases?
1. Motion for judicial determination of probable cause;
2. 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;
3. Motion for reinvestigation of the prosecutor recommending the filing of information once the
information has been filed before the court
(a) if the motion is filed without prior leave of court;
(b) when preliminary investigation is not required under Sec. 8, Rule 112; and
(c) 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;
4. Motion to quash information when the ground is not one of those stated in Sec. 3, Rule 117.
5. Motion for bill of particulars that does not conform to Sec. 9, Rule 116.
6. Motion to suspend the arraignment based on grounds not stated under Sec. 11, Rule 116.
7. 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. Where is the venue for criminal actions under the Rule on Cybercrime Warrant?
Criminal actions under the Rule on Cybercrime Warrant shall be filed before the designated cybercrime
court of the province or city where the offense or any of the its elements is committed, or where any
part of the computer system used is situated, or where any of the damage caused to a natural or
juridical person took place; provided, that the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of the other courts. All other crimes under the RPC and other special laws
committed by or through the use of Information and Communications Technology shall be filed before
the regular court or other specialized regional trial courts. (Sec. 2.1, A.M. 17-11-03-SC)
67. What are the requisites in order for an accused to be discharged as a state witness under
the Rules of Court?
1. Two or more persons are jointly charged with a commission of an offense;
2. The motion to discharge is filed by the prosecution before it rests its case;
3. The discharge must be with the consent of the accused sought to be a state witness;
4. The prosecution presents evidence and the sworn statement of each proposed state witness at a
hearing in support of the discharge; and
5. The court is satisfied that:
a. There is absolute necessity for the testimony of the accused whose discharge is requested;
b. The is no other direct evidence available for the proper prosecution of the offense committed,
except the testimony of said accused;
c. The testimony of said accused can be substantially corroborated in its material points;
d. Said accused does not appear to be the most guilty; and
e. Said accused has not at any time been convicted of any offense involving moral turpitude. (Sec.
17, Rule 119, Revised Rules of Court)

68. What is the proper remedy in case of acquittal of the accused?

General Rule: The prosecution cannot appeal or bring error proceedings from a judgment rendered in
favor of the defendant in a criminal case. The reason is that a judgment of acquittal is immediately
final and executory, and the prosecution is barred from appealing lest the constitutional prohibition
against double jeopardy be violated.
Exceptions:
1. Either the offended party or the accused may appeal, but only with respect to the civil aspect
of the decision.
2. The judgment of acquittal may be assailed through a petition for certiorari under Rule 65 of
the Rules of Court showing that the lower court, in acquitting the accused, committed not
merely reversible errors of judgment, but also exercised grave abuse of discretion amounting
to lack or excess of jurisdiction, or a denial of due process, thereby rendering the assailed
judgment null and void (People vs. C.A., G.R. No. 183652, February 25, 2015).

VII. EVIDENCE

69. What is the Original Document Rule and its exceptions?

The Original document rule provides that 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, except in the following cases:
1. When the original is lost or destroyed, or cannot be produced in court, without bad faith on the
part of the offeror;
2. When 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;
3. When 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;
4. When the original is a public record in the custody of a public officer or is recorded in a public
office; and
5. When the original is not closely-related to a controlling issue. (Sec. 3, Rule 130, Revised Rules on Evidence)

70. What is Secondary Evidence?

Secondary evidence refers to evidence other than the original document itself. It is admissible only
when the best evidence is lost or inaccessible. This pertains to: (1) a copy of the lost document, (2) by
a recital of the contents of the lost document in some authentic document, or (3) by a testimony of a
witnesses, in the order stated. (Heirs of Cardenas v. The Christian and Missionary Alliance Churches of the Philippines,
Inc., G.R. No. 222614, March 20, 2019, J. Caguioa)

71. What is the Parol Evidence Rule?

The parol evidence rule provides that 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, between the parties and
their successors in interest, no evidence of such terms than the contents of the written agreement.
(Sec. 10, Rule 130, Revised Rules on Evidence)

72. What is the attorney-client privilege and its exceptions?

This privilege provides that an attorney or person reasonably believed by the client to be licensed to
engage in the practice of law cannot, without the consent of the client, be examined as to any
communication made by the client to him, or his advice given thereon in the course of, or with a view
to, professional employment, nor can an attorney's secretary, stenographer, or clerk, or other persons
 assisting the attorney be examined without the consent of the client and his employer, concerning any
fact the knowledge of which has been acquired in such capacity. The exceptions are the following:
1. Furtherance of crime or fraud – If the services or advice of the lawyer were sought or obtained to
enable or aid anyone to commit or plan to commit what the client knew or reasonably should
have known to be a crime or fraud.
2. Claimants through same deceased client – As to a communication relevant to an issue between
parties who claim through the same deceased client, regardless of whether the claims are by
testate or intestate or by inter vivos transaction;
3. Breach of duty by lawyer or client – As to a communication relevant to an issue of breach of duty
by the lawyer to his or her client, or by the client to his or her lawyer;
4. Document attested by the lawyer – As to a communication relevant to an issue concerning an
attested document to which the lawyer is an attesting witness; or
5. Joint clients – As to a communication relevant to a matter of common interest between two (2)
or more clients if the communication was made by any of them to a lawyer retained or consulted
in common, when offered in an action between any of the clients, unless they have expressly
agreed otherwise. (Sec. 24, Rule 130, Revised Rules on Evidence)

73. What is the Hearsay Evidence 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 except as
otherwise provided in the Rules on Evidence. The following are the exceptions:
1. Dying declaration;
2. Statement of Decedent or Person of Unsound Mind
3. Declaration against interest;
4. Acts or declaration about pedigree;
5. Family reputation or tradition regarding pedigree;
6. Common reputation;
7. Res gestae;
8. Records of Regularly Conducted Business Activity;
9. Entries in Official Records;
10. Commercial list and the like;
11. Learned Treatise;
12. Testimony or deposition at a former proceeding;
13. Residual Exception (Sec. 38-50, Rule 130, 2019 Amendments to the Rules on Evidence)
14. Hearsay exception in child abuse cases (Sec. 28, A.M. No. 004-07-SC)
15. Inapplicability of the Hearsay Evidence Rule under the Electronic Document Rule (Sec. 1, Rule 8,
Rules on Electronic Evidence)

74. May hearsay be the basis to establish probable cause during preliminary investigation?
Yes. Owing to the initiatory nature of preliminary investigations, the technical rules of evidence should
not be applied in the course of its proceedings. Probable cause can be established with hearsay
evidence, as long as there is substantial basis for crediting the hearsay. (Cambe vs. Office of the Ombudsman
as cited in Arroyo v. Sandiganbayan Fifth Division, G.R. No. 210488, January 27, 2020)

75. What are the requirements in order for hearsay evidence to be admitted as part of the res
gestae?
The following requisites must be satisfied for the exception to apply:
a. that the principal act, the res gestae, be a startling occurrence;
b. that the statements were made before the declarant had the time to contrive or devise a
falsehood; and
c. that the statements must concern the occurrence in question and its immediate attending
circumstances (People v. XXX, G.R. No. 205888. August 22, 2018, J. Caguioa)

76. May the extrajudicial confession of an accused be used as a ground for his conviction?
An extrajudicial confession made by an accused shall not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti. An extrajudicial confession, where admissible, must be
corroborated by evidence of corpus delicti in order to sustain a finding of guilt. In this connection,
extrajudicial confessions are presumed voluntary until the contrary is proved. (People v. Dacanay y
Tumalabcab, G.R. No. 216064, November 7, 2016, J. Caguioa)

77. What are the requisites for admissibility of extrajudicial confessions: (RI-VICE)?
1. Express and categorical acknowledgment of guilt;
2. Facts admitted are constitutive of the criminal offense;
3. Voluntarily given;
4. Intelligently made;
 5. Any extrajudicial confession made by a person arrested, detained or under custodial investigation
shall be in writing and signed by such person In the presence of his counsel or in the latter's
absence, upon a valid waiver [R.A. No. 7438, Sec. 2(d)];
6. There is no violation of Art. III, Sec. 12 of the Constitution (Rights of the accused) (People vs.
Racquel, G.R. No. 119005, December 2, 1996)

78. What are the requisites to warrant a conviction based on circumstantial evidence?
Circumstantial evidence, to be sufficient to warrant a conviction, must form an unbroken chain which
leads to a fair and reasonable conclusion that the accused, to the exclusion of others, is the perpetrator
of the crime. To determine whether there is sufficient circumstantial evidence, three requisites must
concur: (1) there is more than one circumstance; (2) facts on which the inferences are derived are
proven; and (3) the combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt. (People v. Yatar, G.R. No. 150224, May 19, 2004)

79. What is tender of excluded evidence/proffer of evidence?

Tender of excluded evidence is a remedy embodied under Sec. 40 of Rule 132 of the Rules of Court.
The rule is that evidence formally offered by a party may be admitted or excluded by the court through
the following:
a. If a party's offered documentary or object evidence is excluded, he may move or request that
it be attached to form part of the records of the case.
b. If the excluded evidence is oral, he may state for the record the name and other personal
circumstances of the witness and the substance of the proposed testimony. (Fortune Tobacco
Corporation vs. Commissioner of Internal Revenue, G.R. No. 192024, July 1, 2015)

80. Is the rule on chain of custody mandatory?

As a rule, strict compliance with the chain of custody is mandatory. However, the courts may allow a
deviation from these requirements if the following requisites are availing: (1) the existence of
"justifiable grounds" allowing departure from the rule on strict compliance; and (2) the integrity and
the evidentiary value of the seized items are properly preserved by the apprehending team. If these
two elements concur, the seizure and custody over the confiscated items shall not be rendered void
and invalid. (People of the Philippines vs. Richael Luna y Torsilino, G.R. No. 219164, March 21, 2018, J. Caguioa)

81. What is an Electronic Document?

It refers to information or the representation of information, data, figures, symbols or other modes of
written expression, described or however represented, by which a right is established or an obligation
extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted,
stored, processed, retrieved or produced electronically. It includes digitally signed documents and any
print-out or output, readable by sight or other means, which accurately reflects the electronic data
message or electronic document. (Sec. 1(h), Rule 2, Rules on Electronic Evidence)

82. What are the requirements for an electronic document to be admissible as evidence?
a) If it complies with the rules on admissibility prescribed by the Rules of Court and related laws; and
b) If authenticated in the manner prescribed by the Rules on Electronic Evidence. (Sec. 2, Rule 3, Rules on
Electronic Evidence)

83. What is the required proof of authentication of an electronic document?

An electronic document may be authenticated through an Affidavit of Evidence. All matters relating to
the admissibility and evidentiary weight of an electronic document may be established by an affidavit
stating facts of direct personal knowledge of the affiant or based on authentic records. The affidavit
must affirmatively show the competence of the affiant to testify on the matters contained therein.
(Section 1, Rule 9 of the Rules on Electronic Evidence)

84. When is Judicial Affidavit required in actions filed before the first-level courts and the RTC?
JUDICIAL AFFIDAVIT RULE

MeTC, MTCC, MTC, MCTC RTC

“In lieu of direct testimony”

In ALL CIVIL cases, it shall be mandatory, except Small Claim cases

In CRIMINAL cases, if the imposable penalty In CRIMINAL cases, if the imposable penalty
does NOT exceed 6 years, it shall be exceeds 6 years, it shall be optional on the part of
mandatory the accused

In CRIMINAL cases, if the accused agrees to the use of JAR regardless of the penalty involved
 In the civil aspect of the crime, whatever penalties involved are
(Sec. 1, A.M. 12-8-8-SC)

PART II.
APPELLATE PRACTICE, PROCEDURE IN THE COURT OF APPEALS,
COURT OF TAX APPEALS, AND THE SUPREME COURT

85. What are the remedies against executory judgments, the period and grounds for their
filing?
Remedy When to file Grounds

Petition for Relief Beyond the 15-day period but within Fraud, accident, mistake or excusable
from Judgment sixty (60) days from knowledge of the negligence
(Rule 38) judgment and within 6 months from (FAMEN)
entry of judgment

Annulment of 1. If based on extrinsic fraud - within 1. Extrinsic fraud (except if it could

Judgment or Final four (4) years from its discovery. have been availed of in a MNT or
Orders or 2. If based on lack of jurisdiction - Petition for Relief from Judgment);
Resolutions before the action is barred by laches 2. Lack of jurisdiction over the subject
(Rule 47) or estoppel. matter and over the person;
3. Denial of due process.

Collateral attack A collateral attack is done through an Void judgments.

of a judgment action which asks for a relief other than
the declaration of the nullity of the
judgment but requires such a
determination if the issues raised are to
be definitively settled.

Petition for 1. The petition shall be filed not later
Certiorari than sixty (60) days from notice of
(Rule 65) the judgment, order or resolution.
2. In case a motion for reconsideration
or new trial is timely filed, whether
such motion is required or not, the
sixty (60)-day period shall be
counted from notice of the denial of
said motion.
Lack of jurisdiction or excess of
jurisdiction, or grave abuse of discretion
amounting to lack or excess of
jurisdiction. Designed for the correction
of errors of jurisdiction and not errors of
judgment.

86. When is appeal perfected and what are its effects?

Notice of Appeal Record on Appeal

A party's appeal by notice of appeal is deemed A party's appeal by record on appeal is deemed
perfected as to him upon the filing of the notice of perfected as to him with respect to the subject
appeal in due time. matter thereof upon the approval of the record on
appeal filed in due time.

As to when court loses jurisdiction over the case

Upon the perfection of the appeals filed in due time The court loses jurisdiction only over the subject
and the expiration of the time to appeal of the other matter thereof upon the approval of the records on
parties. appeal filed in due time and the expiration of the
time to appeal of the other parties.

Residual Powers

Prior to the transmittal of the original record or the record on appeal, the court may issue orders for the
protection and preservation of the rights of the parties which do not involve any matter litigated by the
appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in
accordance with section 2 of Rule 39, and allow withdrawal of the appeal.
(Sec. 9, Rule 41, Revised Rules of Court)
87. Distinguish the modes of appeal in civil cases.
Ordinary Appeal Petition for Appeals from Petition for
(R41) Review (R42) QJAs to the CA Review on
(R43) Certiorari (R65)

What Case Case decided by RTC Case decided by RTC Awards, judgments, Case where only
in exercise of in exercise of final orders or questions of law are
original jurisdiction. appellate resolutions of or raised or involved.
jurisdiction. authorized by any Appeal by certiorari
quasi-judicial agency from a judgment or
in the exercise of its final order or
quasi- judicial resolution of the CA,
functions. the Sandiganbayan,
the RTC or other
courts whenever
authorized by law.

Mode of Ordinary appeal with Petition for review Verified petition for Petition for review
appeal the CA. with the CA. review with the CA. on certiorari with
the SC.

How made Filing a notice of File a verified File a verified File verified petition
appeal with the petition for review petition for review in for review on
court which with the CA, paying 7 legible copies with certiorari with the
rendered the at the same time to the CA, with proof of SC.
judgment or final the clerk of said service of a copy
order appealed from court the thereof on the Petitioner shall
and serving a copy corresponding adverse party and pay corresponding
thereof upon the docket and other on the court or docket and other
adverse party. lawful fees, agency a quo. The lawful fees to the
If required, the depositing the original copy of the clerk of court of the
record on appeal amount of PHP petition intended for SC and deposit the
shall be filed and 500.00 for costs, the CA shall be amount of PHP
served in like and furnishing the indicated as such by 500.00 for costs at
manner. RTC and the adverse the petitioner. the time of the filing
party with a copy of Upon the filing of the of the petition.
the petition. petition, the Proof of service of a
petitioner shall pay copy thereof on the
to the clerk of court lower court
of the CA the concerned and on
docketing and other the adverse party
lawful fees and shall be submitted
deposit the sum of together with the
PHP 500.00 for petition.
costs.

88. Distinguish certiorari as a Mode of Appeal from certiorari as a Special Civil Action.
Petition for Review on Petition for Certiorari
Certiorari(Rule 45) (Rule 65)
Mode of Appeal. Special Civil Action.
Questions of law. Questions of jurisdiction because a tribunal, board or officer
exercising judicial or quasi-judicial functions has acted:
a. without jurisdiction;
b. in excess of jurisdiction; or
c. with grave abuse of discretion amounting to lack or excess of
jurisdiction.
Final judgments or final orders. Interlocutory orders prior to appeal or matters where no appeal or
any other plain, speedy or adequate remedy may be taken from.
Parties are the original parties to the Parties are:
action: a. Petitioner (aggrieved party)
a. Petitioner (appealing party) b. Respondents (lower court or quasi-judicial agency and
b. Respondent (adverse party) prevailing parties)
The lower court or its judge is not
impleaded.
 Only with the Supreme Court.
Must be filed within 15 days from
notice of judgment, final order or
resolution appealed from.
It stays the judgment appealed
from.
Not required.
Appellate jurisdiction of the Supreme
Court over judgments of the Court of
Appeals, Sandiganbayan, CTA, RTC
and other courts.
Concurrent with the RTC, Court of Appeals, Sandiganbayan and
Supreme Court.
Must be filed not later than 60 days from notice of judgment,
order or resolution or denial of MR or MNT.
It does not stay the judgment or order subject of the petition
unless an injunctive relief was sought for and granted.
Required.
a. Concurrent original jurisdiction of the Supreme Court with the
RTC and Court of Appeals.
b. Exclusive original jurisdiction of the Supreme Court as to
judgment, final order or resolution of COMELEC and COA.

89. What are the requisites for the introduction of newly discovered evidence?
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.
(Mandin-Trotin vs. Bongo, G.R. No. 212840, August 28, 2019, J. Caguioa)

90. Does the filing by a party of a Motion for Reconsideration of the trial court’s judgment
precludes the other party from filing a Notice of Appeal assailing the same?
No. There is nothing in the Rules which makes a party's right to appeal dependent or contingent on
the opposing party's motion for reconsideration. Similarly, a party's undertaking to file a motion for
reconsideration of a judgment is not hindered by the other party's filing of a notice of appeal. Each
party has a different period within which to appeal and since each party has a different period within
which to appeal, the timely filing of a motion for reconsideration by one party does not interrupt the
other or another party's period of appeal. (Iluminada Bernardo vs. Ana Marie Soriano, G.R. No. 200104, June 19,
2019, J. Caguioa)

91. When a party’s petition for relief from judgment was denied by the RTC on the ground of
extrinsic fraud, may he still file for a petition for annulment of judgment on the ground of
extrinsic fraud and lack of jurisdiction with the Court of Appeals?
The party is barred from raising the issue of extrinsic fraud but not lack of jurisdiction in his petition
for annulment of judgment. Considering that he had already availed himself of the remedy of a petition
for relief from judgment under Rule 38, raising the issue of extrinsic fraud with the trial court, he is
effectively barred from raising the same issue via his petition for annulment of judgment. However,
the same cannot be said for the ground of lack of jurisdiction. If he is able to prove that the RTC indeed
went beyond its jurisdiction in issuing its decision, nothing prevents him from asking for its annulment
on the ground of lack of jurisdiction. (Heirs of Cullado vs. Gutierrez, G.R. No. 212938, July 30, 2019, J. Caguioa)

92. Is an appeal to the Court of Appeals (CA) raising only pure questions of law of a judgment
of the RTC in the exercise of its original jurisdiction proper?
No. An appeal raising pure questions of law erroneously taken to the CA shall be dismissed outright.
Under Section 2, Rule 41 of the Rules of Court, there are two (2) modes of appealing a judgment or
final order of the RTC in the exercise of its original jurisdiction:
(a) If the issues raised involve questions of fact or mixed questions of fact and law, the proper recourse
is an ordinary appeal to the CA in accordance with Rule 41 in relation to Rule 44 of the Rules of
Court; and
(b) If the issues raised involve only questions of law, the appeal shall be to the Supreme Court by
petition for review on certiorari in accordance with Rule 45 of the Rules of Court.
(Pfleider v. Court of Appeals, G.R. No. 196058, November 12, 2018, J. Caguioa)

93. National Grid Corporation of the Philippines (NGCP) filed a Complaint for Expropriation
against PNOC Alternative Fuels Corporation (PAFC). The RTC issued the Order of
Expropriation and ruled that NGCP has a lawful right to expropriate the property upon
payment of just compensation. PAFC filed a Motion for Reconsideration but was denied,
hence it directly filed an appeal before the Supreme Court under Rule 45 of the Rules of
Court. PAFC raises the argument that the expropriation is invalid because such exercise of
eminent domain was neither done directly by Congress nor pursuant to a specific grant of
authority. Was the appeal proper?
Yes. Section 4, Rule 67 states that: “A final order sustaining the right to expropriate the property may
be appealed by any party aggrieved thereby.” Therefore, the proper remedy of a defendant in an
expropriation case who wishes to contest an order of expropriation is not to file a certiorari petition
 and allege that the RTC committed grave abuse of discretion in issuing the order of expropriation. The
remedy is to file an appeal of the order of expropriation. Under Rule 41, in all cases where only
questions of law are raised or involved, the appeal shall be filed directly before the Supreme Court, not
via a notice of appeal or record on appeal, but through a petition for review on certiorari in accordance
with Rule 45. The instant Petition may be decided by dealing purely with questions of law. It is readily
apparent that PAFC’s primary argument is legal in nature. (PNOC Alternative Fuels Corp. vs. National Grid
Corporation of the Philippines, G.R. No. 224936, September 4, 2019, J. Caguioa)

94. Is the remedy of certiorari under Rule 65 proper to assail a dismissal on the ground of res
judicata?
No. A dismissal on the ground of res judicata is a final order that completely disposes of the case and
leaves nothing more to be done in the trial court and such dismissal does not fall within the enumeration
of orders from which no appeal may be taken. (Philippine Bank of Communications vs. The Register of Deeds for the
Province of Benguet, G.R. No. 222958, March 11, 2020, J. Caguioa)

95. What is the proper remedy to assail a decision of the Ombudsman which is final, executory
and unappealable?
The remedy is a Petition for Certiorari under Rule 65. Decisions of administrative or quasi-administrative
agencies which are declared by law final and unappealable are subject to judicial review if they fail the
test of arbitrariness, or upon proof of gross abuse of discretion, fraud or error of law. The decision of
the Ombudsman may be reviewed, modified or reversed via petition for certiorari under Rule 65 of the
Rules of Court, on a finding that it had no jurisdiction over the complaint, or of grave abuse of discretion
amounting to excess or lack of jurisdiction. (Republic v. Francisco as cited in Ancheta vs. Villa, G.R. No. 229634, Jan
15, 2020, J. Caguioa)

96. What is the remedy against a final judgment in a Small Claims case?
The aggrieved party may file a Petition for Certiorari under Rule 65. Considering the final nature of a
small claims case decision, the remedy of appeal is not allowed, and the prevailing party may, thus,
immediately move for its execution. Nevertheless, the proscription on appeals in small claims cases,
similar to other proceedings where appeal is not an available remedy, does not preclude the aggrieved
party from filing a petition for certiorari under Rule 65 of the Rules of Court. (A.L. Ang Network v. Mondejar
G.R. No. 200804, January 22, 2014)

97. May a party avail of Petition for Certiorari under Rule 65 after his Petition for Review on
Certiorari under Rule 45 had been denied due to non-payment of docket fees?
No. Certiorari is not and cannot be made a substitute for an appeal where the latter remedy is available
but was lost through fault or negligence as in this case where the appeal was lost due to non-payment
of docket fees. (Padayhag vs. Director of Lands, G.R. Nos. 202872 & 206062, November 11, 2017, J. Caguioa)

98. Differentiate the time of filing the petition for certiorari between Rule 64 and Rule 65.
RULE 64 RULE 65
Covers COMELEC and COA. Any tribunal exercising judicial or quasi-
judicial powers.
Within thirty (30) days from notice of the judgment or Not later than sixty (60) days from notice
final order or resolution sought to be reviewed. of the judgment, order or resolution.
The filing of a motion for new trial or reconsideration of In case a motion for reconsideration or
said judgment or final order or resolution, if allowed new trial is timely filed, whether such
under the procedural rules of the Commission motion is required or not, the petition
concerned, shall interrupt the period. If the motion is shall be filed not later than sixty (60)
denied, the aggrieved party may file the petition within days counted from the notice of the
the remaining period, but which shall not be less than denial of the motion.
five (5) days in any event, reckoned from notice of
denial.

99. What is the effect of an appeal in a criminal case?

An appeal in a criminal case opens the whole case for review and this includes the review of the penalty,
indemnity, and damages involved. Consequently, on appeal, the appellate court may increase the
penalty, indemnity, or the damages awarded by the trial court, although the offended party had not
appealed from said award, and the party who sought a review of the decision was the accused (Mercado
vs. People, G.R. No. 149375, November 26, 2002; People vs. Morales, G.R. No 172873, March 19, 2010).

100. Where should judgments or final orders of criminal courts be appealed to?
Court of origin Modes Appellate Court

MTC Notice of Appeal RTC

 Court of origin Modes Appellate Court

RTC a. Notice of Appeal (in the exercise of its Original CA/Sandiganbayan

Jurisdiction); or
b. Petition for Review under Rule 42 (in the exercise of
its Appellate Jurisdiction).

CA a. Petition for Review on Certiorari under Rule 45; and SC

b. Notice of Appeal under Sec. 3(a), Rule 122 (when
the penalty imposed is reclusion perpetua or higher).

Sandiganbayan a. Notice of Appeal (in the exercise of its Original SC

Jurisdiction); or
b. Petition for Review on Certiorari under Rule 45 (in
the exercise of its Appellate Jurisdiction. and

101. Does the Neypes Rule find any application in criminal cases?
Yes. While Neypes involved the period to appeal in civil cases, the Court’s pronouncement of a "fresh
period" to appeal should equally apply to the period for appeal in criminal cases under Section 6 of
Rule 122 of the Revised Rules of Criminal Procedure. (Yu vs. Judge Samson, G.R. No. 170979, February 9, 2011)

102. Where should the orders or decisions of the Ombudsman in administrative and non-
administrative cases be filed?
Supreme Court Petitions for certiorari questioning resolutions or orders of the Ombudsman in
criminal cases.

Court of Appeals All remedies involving the orders, directives, or decisions of the Ombudsman
in administrative cases, whether by an appeal under Rule 43 or a petition
for certiorari under Rule 65. For administrative cases, the petition should be
filed with the Court of Appeals in observance of the doctrine of hierarchy of
courts.
(Gatchalian vs. Office of the Ombudsman, G.R. No. 229288, August 1, 2018, J. Caguioa)

103. Discuss the stages in assessment.

Stages of
Description and Actions to be taken by TP
Assessment
Notice of Discussion shall be made between the taxpayer (TP) and the revenue officer (RO)
Discrepancy handling the audit to show his findings to which will be the amount assessed as
(NOD) deficiency tax or taxes. Discussion of Discrepancy shall in no case extend beyond 30
days from receipt of the NOD. Absence of NOD renders nugatory any assessment made
by the tax authorities.
Preliminary It is a written communication issued by the CIR or his duly authorized representative
Assessment informing a TP, who had been audited, of the findings of his deficiency tax/es, showing
Notice (PAN) in details the facts and the law, rules and regulations, and/or jurisprudence on which the
assessment is based. Otherwise, the assessment is void.

If no PAN was issued prior to the issuance of the FAN, it is tantamount to a denial of
due process, save for exceptions recognized by law. (CIR v. Metro Star, GR No. 185371, December
8, 2010)

Protest/Reply is not mandatory. (RMO 26-2016)

A FLD/FAN shall be issued 15 days from the date of receipt of PAN whether the same is
protested or not.
Formal Letter FAN contains not only a computation of tax liabilities but also a demand for payment
of Demand within a prescribed period. As soon as it is served, an obligation arises on the part of the
and Final taxpayer concerned to pay the amount assessed and demanded.
Assessment
Notice The FLD/FAN calling for payment of the taxpayer's deficiency tax or taxes shall, in
(FLD/FAN) writing, state the facts, the law, rules and regulations, or jurisprudence on which the
assessment is based; otherwise, the assessment shall be void.

If TP agrees it shall pay the amount assessed and which shall cause the termination of
the audit.
 Stages of
Description and Actions to be taken by TP
Assessment
If the TP disagrees with the amount assessed, it can within 30 days from receipt of
FAN/FLD file a PROTEST LETTER either ask for:
1. Request for Reconsideration – no need to present supporting documents
2. Request for Reinvestigation – need to present supporting documents 60 days from
filing of protest letter.

Failure to file a Protest 30 days from receipt of FAN/FLD or Failure to submit

supporting documents within the 60-day period given if request for reinvestigation is
made shall render the assessment final and executory.
Final The decision of the Commissioner or his duly authorized representative shall state the
Decision on (i) facts, the applicable law, rules and regulations, or jurisprudence on which such
Disputed decision is based, otherwise, the decision shall be void; and (ii) that the same is his final
Assessment decision. (Sec. 3.1.5 of RR No. 12-99, as amended by RR No. 18-13)
(FDDA)
If TP agrees it shall pay the amount assessed and which shall cause the termination of
the audit.

In case of denial:
a. Denial made by the Commissioner himself – appeal to the Court of Tax Appeals
(CTA) within 30 days from the receipt of the denial.
b. Denial made by duly authorized representative of the Commissioner
i. Appeal to the Court of Tax Appeals (CTA) within thirty (30) days from date of receipt
of the said decision; or
ii. elevate his protest through request for reconsideration to the Commissioner within
thirty (30) days from date of receipt of the said decision.

If the BIR does not render a decision within the 180-day period, the taxpayer
has two options, either:
a) File a petition for review with the CTA within 30 days after the expiration of the 180-
day period; or
b) Await the final decision of the Commissioner on the disputed assessment and appeal
such final decision to the CTA within 30 days after the receipt of a copy of such
decision.

Assessment shall be final and executory in the ff.:

1) Failure to appeal to the CTA within 30 days from receipt of FDDA issued by the CIR;
or
2) Failure to appeal to CIR (through request for reconsideration) or CTA within 30 days
from receipt of FDDA issued by the CIR’s duly authorized representative.

104. What are the prescriptive periods for assessment of National Internal Revenue Taxes?
Prescriptive period of *Prescriptive period of
Description
Assessment Collection
Ordinary Prescription
Return was filed 3 years from due date (Sec. 203, NIRC) May be collected by distraint, levy or
before due date court actions within 3 years from the
Return was filed on 3 years from due date (Sec. 203, NIRC) date the FLD/FAN was released,
due date mailed or sent by the BIR to the TP.
Return was filed after 3 years from filing date (Sec. 203, NIRC) (Sec. 203, NIRC)
due date
Return was 3 years from filing of substantial
substantially amendment (CIR v. Phoenix Assurance, G.R.
amended No. L-19727, May 20, 1965)
Extraordinary Prescription
False return, 10 years from the “discovery” of the May be collected by distraint, levy or
Fraudulent return with falsity, fraud, or failure to file return. court actions within 5 years following
intent to evade tax, the assessment. (Sec. 222, NIRC; La Flor
failure to file return dela Isabela v. CIR, GR 202105, April 28, 2021)
*Note: This was clarified by the Supreme Court in Commissioner of Internal Revenue vs. Court of Tax Appeals Second Division, G.R.
No. 258947, March 29, 2022 citing the case of CIR v. United Salvage and Towage (Phils.), Inc. G.R. No. 197515, July 2, 2014.

105. What are the kinds of protests?

Reinvestigation Reconsideration
 A plea of re-evaluation of an assessment on the A plea of re-evaluation of an assessment on the
basis of newly discovered or ADDITIONAL basis of existing records WITHOUT need of
EVIDENCE that a taxpayer intends to present in the additional evidence. It may involve both a question
reinvestigation. It may also involve a question of of fact or of law or both.
fact or of law or both.
Need to submit Relevant Supporting Documents
Yes within 60 days FROM date of filing of protest No Need
to FAN/FLD
Effect on Prescription
Will only toll the prescriptive period to collect if the Will not toll the running of the prescriptive period
request for reinvestigation is granted by the BIR. for the collection of an assessed tax. (CIR v.
Philippine Global Communication Inc., G.R. No. 167146,
October 31, 2006)

106. The Bureau of Internal Revenue (BIR) issued a Letter of Authority (LOA) to the
taxpayer for the period covering Taxable Year 2021 and unverified prior years. Is the LOA
valid?
No. A LOA should cover a taxable period not exceeding one taxable year. The practice of issuing LOAs
covering audit of unverified prior years is hereby prohibited. If the audit of a taxpayer shall include
more than one taxable period, the other periods or years shall be specifically indicated in the LOA. (CIR
vs. Sony Philippines, Inc., G.R. No. 178697, November 17, 2010)

107. A valid LOA was issued authorizing Revenue Officer (RO) Juan to audit the books of
accounts of Company A. During the course of the audit, RO Juan was transferred to another
office. Accordingly, the Revenue District Officer issued a memorandum of assignment
(MOA) to a new revenue officer, RO Pedro, for the continuation of the audit or
investigation. RO Pedro continued the audit or investigation under the authority of the
previously issued LOA. Company A questioned the validity of the assessment on the ground
of lack of LOA. Is Company A’s argument tenable?
Yes. A LOA is the authority given to the appropriate revenue officer assigned to perform assessment
functions. Under the Tax Code, as amended, only the CIR and his duly authorized representatives may
issue the LOA. The authorized representatives include the Deputy Commissioners, the Revenue
Regional Directors, and such other officials as may be authorized by the CIR. Any reassignment of RO
requires the issuance of a new LOA. The use of a Memorandum of Assignment, Referral Memorandum,
or such equivalent document, directing the continuation of audit or investigation by an unauthorized
RO usurps the functions of the LOA. Accordingly, any assessment made in the absence of a valid LOA
violates the taxpayer's right to due process in tax audit or investigation rendering the assessment
invalid. (CIR vs. McDonalds’s Philippines Realty Corp., G.R. No. 242670, May 10, 2021)

108. What court has jurisdiction over special civil action for certiorari assailing an
interlocutory order issued by RTC in a local tax case?
The Court of Tax Appeals, not the Court of Appeals, has jurisdiction over a special civil action for
certiorari assailing an interlocutory order issued by the RTC in a local tax case, since such a case falls
within the CTA’s exclusive appellate jurisdiction. (City of Manila v. Grecia-Cuerdo, G.R. No. 175723, February 4 2014)

109. What are the remedies of the taxpayer in local taxation?

In local taxation, the taxpayer has three remedies:
1. Question the newly enacted ordinance
2. Protest against an assessment
3. Claim for refund or tax credit

110. What are the prescriptive periods for the assessment and collection of local tax?
The assessment of local tax shall prescribe within 5 years from the date taxes, fees, or charges become
due. However, in fraud or intent to evade the payment of taxes, fees, or charges, the same may be
assessed within 10 years from the date of discovery thereof. The collection of local tax shall prescribe
within 5 years from the date of assessment. (Sec. 194 (c), LGC)

111. Is the deposit requirement under Section 267 of the LGC in a case questioning the
validity of any sale at public auction of real property or rights jurisdictional?
No. The required deposit under Section 267 becomes jurisdictional only if there is no dispute that the
real property is tax delinquent. However, where the property sold at a public auction sale is not tax
delinquent, then the envisioned purpose becomes irrelevant, if not oppressive. If there is competent
evidence that the realty tax due on the property subject of the tax sale has been seasonably and fully
paid, then the deposit requirement under Section 267 does not serve its intended purpose and ceases
to be jurisdictional. (Beaumont Holdings Corporation vs Reyes, G.R. No. 207306, August 7, 2017, J. Caguiao)
112. Is a motion for reconsideration or a new trial mandatory before filing an appeal with
the CTA En Banc?
Yes. An appeal to the CTA En Banc must be preceded by the filing of a timely motion for reconsideration
or new trial with the CTA Division. Failure to do so is a ground for the dismissal of the appeal as the
word "must" indicates that the filing of a prior motion is mandatory, and not merely directory. (Asiatrust
Development Bank, Inc., vs. CIR, G.R. No. 201530, April 19, 2017)

113. Is a previous assessment necessary before a criminal action may be filed against a
taxpayer?
No. There is no requirement for the precise computation and assessment of the tax before there can
be a criminal prosecution under the Code. Under Sections 254 and 255 of the NIRC, the government
can file a criminal case for tax evasion against any taxpayer who willfully attempts in any manner to
evade or defeat any tax imposed in the tax code or the payment thereof. The crime of tax evasion is
committed by the mere fact that the taxpayer knowingly and willfully filed a fraudulent return with
intent to evade and defeat a part or all of the tax. It is therefore not required that a tax deficiency
assessment must first be issued for a criminal prosecution for tax evasion to prosper (Macario Lim Gaw
vs. CIR, G.R. No. 22837, July 23, 2018).

114. Is injunction available to restrain the collection of tax?

While no court shall have the authority to grant an injunction to restrain the collection of any national
internal revenue tax, fee, or charge imposed by the NIRC (Sec. 218, NIRC), the CTA can issue an
injunction and it is only allowed when the following conditions concur:
a. There is an appeal to the CTA;
b. In the opinion of the court, the collection by the government agencies may jeopardize the
interest of the Government and/or the taxpayer; and
c. Taxpayer is willing either to deposit the amount claimed or to file a surety bond for not more
than the double the amount with the Court. (Sec. 11 of R.A. 1125, as amended by R.A. 9282)

115. Does the CTA have jurisdiction to rule on the validity and constitutionality of tax laws
or regulations or administrative issuances?
Yes. CTA has undoubted jurisdiction to pass upon the constitutionality or validity of a tax law or
regulation when raised by the taxpayer as a defense in disputing or contesting an assessment or
claiming a refund. The CTA may likewise take cognizance of cases directly challenging the
constitutionality or validity of a tax law or regulation or administrative issuance (revenue orders,
revenue memorandum circulars, rulings). (Confederation for Unity, Recognition and Advancement of Government
Employees v. Commissioner, Bureau of Internal Revenue, G.R. Nos. 213446 & 213658, July 3, 2018, J. Caguioa)

LEGAL ETHICS

116. 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: In the Bar Examinations, indicating one’s name or any other name in the lawyer’s oath would be considered as markings.

117. What is duty of a lawyer to the courts?

It is the sworn duty of a lawyer to maintain towards the Courts a respectful attitude, “not for the sake
of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance.”
It is precisely for this reason that the Lawyer’s Oath enjoins all members of the bar to conduct
themselves with good fidelity towards the courts in order not to erode the faith and trust of the public
in the judiciary (Pantanosas, Jr v. Pamatong, A.C. No. 7330, June 14, 2016, J. Caguioa)

118. Discuss briefly the four-fold duties of a lawyer.

The four-fold duties of a lawyer are the following:
1. Duty to the society – to uphold the Constitution, obey the laws of the land and promote and respect
the law and the legal processes; (CPR Chapter I)
2. Duty to the legal profession – to uphold the dignity and integrity of the legal profession; (CPR
Chapter II)
3. Duty to the court- to be candid and promote respect to the courts and judicial officers and to assist
the courts in rendering speedy and efficient justice; (CPR Chapter III) and
4. Duty to the client - to observe candor, fairness and loyalty to the client; and serve the client with
competence and diligence. (CPR Chapter IV; Sps. Aranda vs. Atty. Elayda, A.C. No. 7907, December 15, 2010).
119. When may a lawyer testify on behalf of his or her client?
A lawyer shall avoid testifying in behalf of his client, except:
1. On formal matters, such as the mailing, authentication or custody of an instrument, and the
like; or
2. On substantial matters, in cases where his testimony is essential to the ends of justice, in which
event he must, during his testimony, entrust the trial of the case to another counsel. (Rule 12.08,
Canon 12, Code of Professional Responsibility)

120. May a lawyer be justified in not paying his obligations to his client on the ground of
non-payment of professional fees?
No. The rule prohibiting lawyers from borrowing from their clients is intended to prevent the lawyer
from taking advantage of his influence over the client as the rule presumes that the client is
disadvantaged by the lawyer's ability to use all legal maneuverings to renege on his obligation. (Reyes
v. Gubatan, A.C. No. 12839, November 03, 2020, J. Caguioa; Aguilar-Dyquiangco v. Arellano, A.C. No. 10541, July 12, 2016, J.
Caguioa)

This violates the following provisions in the Code of Professional Responsibility:

2. Canon 16 — A lawyer shall hold in trust all moneys and properties of his client that may come
into his possession. x x x x RULE 16.04 A lawyer shall not borrow money from his client unless
the client's interests are fully protected by the nature of the case or by independent advice.
Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to
advance necessary expenses in a legal matter he is handling for the client.
3. Canon 7 — A lawyer shall at all times uphold the integrity and dignity of the legal profession, and
support the activities of the integrated bar. In unduly borrowing money from the client and
refusing to pay the same, a lawyer abuses the trust and confidence reposed in him by his clients.
In doing so, he fails to uphold the integrity and dignity of the legal profession. (Reyes v. Gubatan,
Id.)

121. What is the distinction between Immoral conduct and a Gross Immoral Conduct?
Immoral Conduct Grossly Immoral Conduct

Immoral conduct, or immorality, is that which is Grossly immoral conduct is one that is so corrupt
so willful, flagrant, or shameless as to show as to constitute a criminal act, or so unprincipled
indifference to the opinion of good and as to be reprehensible to a high degree or
respectable members of the community. (Hierro v. committed under such scandalous or revolting
Nava II, A.C. No. 9459, January 07, 2020) circumstances as to shock the common sense of
decency. (Perez vs. Baydo, A.C. No. 5816, March 10, 2015)
Note: For a lawyer to be imposed the extreme penalty of disbarment for immorality, the conduct
complained of must not only be immoral, but must be grossly immoral. (Panagsagan v. Panagsagan, A.C. No.
7733, October 1, 2019)

122. What is the effect of non-payment of IBP annual dues?

A default in the payment of annual due for six months shall warrant suspension of membership in the
integrated Bar, and default in such payment for one year shall be a ground for the removal of the name
of the delinquent member from the Roll of Attorneys. (Section 10, Rule of Court 139-A)

123. Does the failure of a lawyer to indicate his MCLE compliance number and date of
issuance thereof in his pleadings warrant the dismissal of the case?
No. Under the En Banc Resolution of the Supreme Court, dated January 14, 2014 which amended B.M.
No. 1922, the failure of a lawyer to indicate in his or her pleadings the number and date of issue of his
or her MCLE Certificate of Compliance will no longer result in the dismissal of the case and expunction
of the pleadings from the records. Nonetheless, such failure will subject the lawyer to the prescribed
fine and/or disciplinary action.

PRELIMINARY ATTACHMENT
(Rule 57)
Purpose Security for the satisfaction of
judgment.
Specific Principal Recovery of money, real or
Action personal property.
When availed At any stage of the action but
before the entry of final judgment
in the case.
Discharge 1. Sec. 5 – cash deposit or
counter-bond (before
implementation of order
and writ)
2. Sec. 12 - cash deposit or
counter-bond (after
implementation of order
and writ)
3. Sec. 13 – motion to
discharge on the ground
of irregular or improper
issuance; bond is
insufficient; attachment is
excessive and the defect is
not cured forthwith.
PROVISIONAL REMEDIES
PRELIMINARY INJUNCTION
(Rule 58)
To prevent threatened or continuous irremediable injury
to some of the parties before their claims can be
thoroughly studied and adjudicated.
Injunction.
At any stage of the action but before the judgment or
final order.
Denial/Dissolution
1. Upon showing that the application for injunction
is insufficient.
2. On other grounds through an affidavit of the
person or persons enjoined.
3. If it appears after hearing, that issuance of the
writ would cause irreparable damage to the
person sought to be enjoined, while the applicant
can be fully compensated for such damages as he
may suffer. Provided that the person enjoined shall
file a bond (counter-bond).
4. If the applicant's bond is found to be insufficient
in amount, or if the surety or sureties thereon fail
to justify, and a bond sufficient in amount with
sufficient sureties approved after justification is not
filed forthwith, the injunction shall be dissolved.
RECEIVERSHIP REPLEVIN
(Rule 59) (Rule 60)
The prevention of imminent danger to the Immediate recovery of
property. possession of personal property.
Receivership. The provisional remedy of Recovery of possession of
“receivership” is a misnomer. It should be personal property.
called “appointment of a receiver” as the
principal action is “receivership”
At any stage of the action or proceeding At the commencement of the
and even after final judgment in order: action or at any time before
- to preserve the property or answer
- to aid execution or
- to carry the judgment into effect.
Denial/Discharge Return of the Property (before
1. counter-bond delivery to the applicant):
2. appointment was obtained without - Counter-bond
sufficient cause.
3. If either the applicant's or the
receiver's bond is found to be
insufficient in amount, or if the surety
or sureties thereon fail to justify, and
a bond sufficient in amount with
sufficient sureties approved after
justification is not filed forthwith, the
application shall be denied or the
receiver discharged, as the case may
be.
 WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
Habeas Corpus
Essence Involves the right to liberty. It extends
to all cases of illegal confinement or
detention by which any person is
deprived of liberty, or by which the
rightful custody of any person is
withheld from the person entitled
thereto.
Jurisdiction/Venue 1. RTC where the person is detained;
2. Sandiganbayan;
3. Court of Appeals;
4. Supreme Court; or
5. Any justice of the three preceding
courts
When to file/ docket fees On any day and at anytime
Amparo Habeas Data Kalikasan
Involves the right to life, liberty and Involves the right to privacy in life, Involves the right to a balanced and
security. It covers extrajudicial killings, liberty, and security. healthful ecology involving
enforced disappearances, and threats environmental damage of such
thereof magnitude as to prejudice the life,
health or property of inhabitants in two
or more cities or provinces.
1. RTC of the place where the threat, 1. RTC where the petitioner or 1. Court of Appeals; and
act or omission was committed or respondent resides, or that which 2. Supreme Court.
any of its elements occurred; has jurisdiction over the place
2. Sandiganbayan; where the data or information is
3. Court of Appeals; gathered, collected, stored, at the
4. Supreme Court; or option of the petitioner;
5. Any justice of the three preceding 2. Sandiganbayan;
courts. 3. Court of Appeals;
4. Supreme Court.
On any day and at any time; Exempt Only indigent petitioner is exempt from Exempt from payment of docket fees.
from docket and other lawful fees. docket and other lawful fees

Available interim reliefs 1. Temporary protection order 1. Ocular inspection order

2. Inspection order 2. Inspection order
3. Production order 3. Production order
4. Witness protection order

Appeal 48 hours from notice of judgment
appealed from by ordinary appeal.
Any party may appeal from the final
judgment or order to the Supreme
Court under Rule 45. The appeal may
raise questions of fact or law or both.
The period of appeal shall be five (5)
working days from the date of notice of
the adverse judgment.
Any party may appeal from the final
judgment or order to the Supreme
Court under Rule 45. The appeal may
raise questions of fact of law or both.
The period of appeal shall be five (5)
working days from the date of notice
of the judgment or final order.
Any party may appeal to the Supreme
Court under Rule 45. The appeal may
raise questions of fact. The appeal
must be taken within fifteen (15) days
from the date of notice of the adverse
judgment or denial of motion for
reconsideration.

HAIL TO THE CHIEFS!