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UP-BOC-2024-REM

The document outlines the structure and personnel of the 2024 UP College of Law Bar Operations Commission, detailing various roles and committees involved in the Bar review process. It includes information on remedial law and legal ethics, as well as copyright and security measures to protect the commission's intellectual property. Additionally, it provides access to amendments or corrections for the Bar reviewer and a table of contents for remedial law topics.

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61 views

UP-BOC-2024-REM

The document outlines the structure and personnel of the 2024 UP College of Law Bar Operations Commission, detailing various roles and committees involved in the Bar review process. It includes information on remedial law and legal ethics, as well as copyright and security measures to protect the commission's intellectual property. Additionally, it provides access to amendments or corrections for the Bar reviewer and a table of contents for remedial law topics.

Uploaded by

elijah garrcia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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2024

UP COLLEGE OF LAW

COLLEGE OF LAW
COMMISSION

1911

Remedial Law
Legal and
Judicial Ethics
DAY 3

Dean Bar Review Institute Overall Academic Subject Heads


Kevin V. Cleofas
Dean Darlene Marie B. Berberabe Atty. Jelorie F. Gallego Heads Michael Luis T. Lagmay
Nathalie M. Angeles
Associate Dean Lovely Marie G. Ontuca Glory Vee A. Montenegro
Bar Operations Christian Arnold R. Salvador
Prof. Solomon F. Lumba
Commissioner Benedict T. Santos
Faculty Advisers Elma Patrisha B. Latayan Academic Committee Chariz Danielle A. Saño
Prof. Ramon Manolo A. Alcasabas
Layout Committee Heads Jeremy Matthew M. Tan
Prof. Anna Isabel Aurellano Ma. Khryster Lee B. Bellen
Prof. Alfredo Cabeza Heads Julia Antonina P. Castellon
Justice Magdangal M. de Leon Josephine Marie B. Dimalanta Jan Aurel Nikolai M. Castro
Dean Ma. Soledad Deriquito-Mawis Allysa Samantha I. Mamiit Juana Maria I. Ligon
Prof. Victor Y. Eleazar Aaron Angelo A. Montesa Lizzet B. Ruiz
Prof. Victoria V. Loanzon
Prof. Simonette E. Sibal-Pulido
Prof. Ross L. Tugade
Prof. Flordeliza C. Vargas-Trinidad
LUP COLLEGE OF LAW

2024 UP LAW
BAR OPERATIONS COMMISSION
COMMISSION

EXECUTIVE BOARD
COMMISSIONER: Elma Patrisha B. Latayan

SECRETARY DEPUTY COMMISSIONER DEPUTY COMMISSIONER BGC REPRESENTATIVE


Ma. Pia Francesca V. Leido FOR SUPPORT FOR OPERATIONS Dominique S. Cadiz
Lana Eunice N. Lee Joshua Antonio M. Villacampa
OVERALL ACADEMIC
HEADS TREASURER AUDITOR EVE REPRESENTATIVE
Nathalie M. Angeles Lamberto T. Mercado III Jillian Rae R. Chua Christiana Danica C. Despi
Lovely Marie G. Ontuca

COMMITTEE HEADS
ACADEMICS ACADEMIC SUPPORT HUMAN RESOURCES MERCHANDISE
Ma. Khryster Lee B. Bellen Roldan C. Campuso Hanna Bint Shedique B. Alug
Ma. Gabrielle T. Cruz
Julia Antonina P. Castellon Finessa M. Estigoy Jose A. Poe Maria Mikaella S. Coruña
Jan Aurel Nikolai M. Castro Jose Ramon V. Tena Marco Gabriel L. Millan
Juana Maria I. Ligon Alessandro Alfred E. Perez
Julian Vincent J. Taloma
Lizzet B. Ruiz SECRETARIAT & FOOD OPERATIONS
Jeremy F. Monreal LOGISTICS
LAYOUT WELFARE Mary Ysabelle Samantha A. Chikiamco
Josephine Marie B. Dimalanta Saskia Bernice C. Tan Danelle Ariana T. Go
Nadine Lourdes A. Verceles yond abriel Pabellano
Allysa Samantha I. Mamiit Paolo C. Macasaet
Aaron Angelo A. Montesa
ADHOC DAY & HOTEL
Theresa Marie F. Bonite OPERATIONS MARKETING
PUBLIC RELATIONS Raine B. Raval Veronica Danielle A. Florendo
Romarico S. Ayson Jr. Ysraela. M. Torno Roberto Daniel T. Mercado
Kathleen Shane P. Sison Karina Lucia Ve Arellan Abalos
Anna Dominique G. Lacson Regina So a T. Ong
John Matthew S. Tiongson
LINKAGES
Jinno Angelo A. Guardaya EVENTS
Rafael John S. Maliwanag Franco Noel T. Acampado
Cesar Miguel Nicolo R. Toledo Jochelle Joyce M. Magboo

REMEDIAL LAW AND LEGAL & JUDICIAL ETHICS TEAM


FACULTY ADVISERS CIVIL PROCEDURE CONTRIBUTORS EVIDENCE
Prof. Ramon Manolo A. Alcasabas SUBJECT HEAD SUBJECT HEAD
Prof. Anna Isabel Aurellano Christian Arnold R. Salvador Mikk M. Mi Mobalan Kevin V. Cleofas
Prof. Alfredo Cabeza Benedict T. Santos
Justice Magdangal M. de Leon Lohe rian Margaret V. Supero CONTRIBUTORS
Dean Ma. Soledad Deriquito-Mawis CONTRIBUTORS Danielle Francesca N. Bernal
Prof. Victor Y. Eleazar Althea B. Abergos SPECIAL PROCEEDINGS AND Phoebe Danielle B. Pangilinan
Prof. Victoria V. Loanzon Kemp Afable WRITS Allan Cairo M. Reyes
Prof. Simonette E. Sibal-Pulido June Edgar E. Asok SUBJECT HEAD
Prof. Ross L. Tugade Rodrigo C. de los Reyes Chariz Danielle A. Saño LEGAL AND JUDICIAL ETHICS
Prof. Flordeliza C. Vargas-Trinidad Louie Miguel V. Nuñez W/ PRACTICAL EXERCISES
Myla Regina M. Vergara CONTRIBUTORS SUBJECT HEAD
CLUSTER HEAD Milbert M. Capistrano Jeremy Matthew M. Tan
CRIMINAL PROCEDURE Christine Rose L. Santiago
Julia Antonina P. Castellon SUBJECT HEAD Reva Leza Imabelle G. Tatad CONTRIBUTORS
GENERAL PRINCIPLE Michael Luis T. Lagmay Klaire Marie J. Araneta
SUBJECT HEAD Karl Khumo T. Calagan
Glory Vee A. Montenegro Mark Vincent J. Nogra

LAYOUT TEAM
HEAD MEMBERS
Josephine Marie B. Dimalanta Jamie Sora C. Abawag Hillary Grace O. Go Karen A. Racelis
Allysa Samantha I. Mamiit Sydney Claudelle M. Aguba Anthony lan R. Rentoy
Aaron Angelo A. Montesa Mia Ysabella G. Cruz Mageni Santan 7a Lopez Czarina Ella L. Resurreccion
Katherine Anne M. Del Rosario Jan David D. Uy
Anna Patricia Mae F. Gadia Souie Migue -Nunez
fi
PHILIPPINE COPYRIGHT

By

THE UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

&
THE UP LAW BAR OPERATIONS COMMISSSION 2024

ALL RIGHTS RESERVED


BY THE AUTHORS

This work is the intellectual creation of the UP LAW BAR OPERATIONS


COMMISSION 2024 and is published and distributed by the UP COLLEGE OF LAW.

No part of this work may be copied, reproduced, recorded, or transmitted for sale
or distribution in any form or by any means (including but not limited to printing,
photocopying, audio-recording, photographing, and other electronic, computerized
or mechanical means) without prior and written consent from both the UP
COLLEGE OF LAW and the UP LAW BAR OPERATIONS COMMISSION.

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permission from both the aforementioned parties.
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Likewise, a copy of this work without the corresponding barcode, or a
copy whose barcode is erased digitally, electronically, or manually, is
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WARNING
Several security features have been put in place to protect UP BOC's intellectual
property rights over these materials.
Any candidate who has been determined to be guilty of reproducing, recording,
transmitting, selling, or distributing this reviewer without authorization shall be
BLACKLISTED by the Commission. As such, they will no longer receive future
reviewers and services from the Commission during the period of their review for
the Bar examinations. In addition to this, the Commission also reserves the right to
pursue all available legal remedies to protect and enforce its rights.
Should you be aware of any such violation, please do not hesitate to contact UP BOC
through our Facebook page (https://www.facebook.com/uplawbarops), our email
address ([email protected]), or Commissioner Elma Patrisha B. Latayan
([email protected]).
Please be guided accordingly.
Ammendments or Corrections
to the 2024 BOC Reviewer for
REMEDIAL LAW AND LEGAL & JUDICIAL ETHICS
may be accessed here:

https://bit.ly/2024BOCRemedialLaw
TABLE OF
TABLE OF CONTENTS
CONTENTS REMEDIAL LAW
REMEDIAL LAW

TABLE OF
TABLE CONTENTS
OF CONTENTS
REMEDIAL
REMEDIALLAW LAW e. Inherent
Inherent Powers
Powers and
and Means
Means to
I.
e. to
I. GENERAL
GENERALPRINCIPLES..
PRINCIPLES………………1 1 Carry Jurisdiction.
Carry Jurisdiction…………………14 .14
A. Substantive
A. SubstantiveLaw Law vs.
vs. Adjective
Adjective Law....
Law……..1 D. Doctrine
D. Doctrine of of Adherence
Adherence to to Jurisdiction
Jurisdiction
B. Rule-Making
B. Rule-Making Power Power of the Supreme
of the Supreme and Residual
and Residual Jurisdiction.
Jurisdiction………………….15 .15
Court……………………………………………….1
Court. .1 a.
a. Doctrine
Doctrine of of Adherence
Adherence to to
C.
C. Hierarchy
Hierarchy of of Courts;
Courts; Doctrine
Doctrine of of Jurisdiction…………………………15
Jurisdiction. .15
Non-Interference
Non-Interference and Judicial
Judicial b. Doctrine
b. Doctrine of
of Residual
Residual
Stability……………………………………………1
Stability.. 1 Jurisdiction…………………………15
Jurisdiction 15
a. Hierarchy
a. Hierarchyof ofCourts.
Courts……………….1 ..1 E. Jurisdiction
E. Jurisdictionvs. vs.Exercise
Exercise of……………….16
of. ..16
b. Doctrine
b. Doctrine ofofNon-Interference
Non-Interference F. Primary
F. PrimaryAdministrative
Administrative Jurisdiction
Jurisdiction and and
andJudicial
and Judicial Stability………………2
Stability. ..2 Doctrine of Exhaustion
Doctrine Exhaustion of Administrative
of Administrative
D. Suppletory
D. Suppletory Application
Application of the Rules
of the Rules of of Remedies……………………………………….16
Remedies.. ..16
Court in
Court in Administrative
Administrative Bodies...
Bodies……………2 ..2 G. Venue
G. VenueininCriminal
Criminal andand Civil
Civil Actions……17
Actions.....17
E. Construction of
E. Construction of the
theRules
Rules ofof Court
Court (Rule
(Rule a. Venue
a. VenueininCriminal
Criminal Actions.
Actions…….17 17
1, Section
1, Section 6)…………………………………….3
6)... ..3 b. Venue
b. VenueininCivil
CivilActions.
Actions……..…..19 ..19
II.
II.
A.
JURISDICTION………………………..3
JURISDICTION...
A. Aspects
Aspects ofof Jurisdiction……………………….3
Jurisdiction...
..3

..3
i.
i. Venue
Venue of
Actions……………..……19
Actions.
of Real
Real
.19
a. Overthe theSubject
Subject Matter.
Matter…………3 ii. Venue
Venue of
of Personal
a. Over
b. Over
b. Overthe theParties..
Parties……………………4
.3
..4
ii. Actions……………..……19
Actions.
Personal
.19
c. Overthe
c. Over theIssues...
Issues…………………….4 .4
il.
iii. Venue
Venue ofof Actions
Actions
B. Classification
B. ClassificationofofJurisdiction...
Jurisdiction……………….5 ...5
Against
Against
a. Originalvs.
a. Original vs.Appellate.
Appellate…………….5 ..5 Non-Residents…………20
Non-Residents. .20
b. Generalvs.
b. General vs.Special.
Special………………..5 ..5 iv.
iv. When
When the the RulesRules on on
c. Exclusive vs.
C. Exclusive vs. Concurrent
Concurrent ……….5 5 Venue
Venue Do
Do Not
Not
C. Jurisdiction
C. Jurisdiction of ofthe
thePhilippine
Philippine Courts
Courts (BP(BP Apply………………..……20
Apply. .20
129, as
129, as amended)
amended) ……………………………5 .5 v.
v. Effects
Effects of of Stipulations
Stipulations
a. Supreme
a. SupremeCourt. Court……………………..5 ..5 on Venue.
on Venue………………..20 ..20
b. CollegiateCourts.
b. Collegiate Courts…………………..7 ..7 H. Revised
H. RevisedKatarungang
Katarungang Pambarangay
Pambarangay Law Law
i.i. Court of Appeals.
Court of Appeals……….7 (RA 7160)...
(RA 7160)………………………………………21 ..21
ii. I.
ii.
iii.
iii. of
Sandiganbayan…………8
Sandiganbayan.
Court
Court of
Appeals……………………9
Appeals.
..8
Tax
Tax
I. Rules
Rules ononExpedited
First Level
First
Expedited Procedures
Level Courts
as amended,
as
Procedures inin the
Courts (A.M. No.
amended, March March 1,
No. 08-8-7-SC,
08-8-7-SC,
1, 2022)……………25
2022).
the

.25
.9
c. Second-Level
c. Second-LevelCourts...
Courts……………..9 ..9 a. Summary
a. SummaryProcedure
ProcedureCases. Cases…..25
..25
i.
i. Regional
Regional Trial
Trial Court...
Court……9 ...9 b. Small
b. SmallClaims
ClaimsCases.
Cases……………..25 .25
ii.
ii. RTC Sitting
RTC Sitting as as Family
Family III.
III. CRIMINAL PROCEDURE..…….......29
CRIMINAL PROCEDURE. .29

iii.
iii.
Courts…………………….12
Courts.
RTC
RTC Sitting
Sitting as
Commercial Courts….12
Commercial
..12
Special
Special
Courts...12
A.
B.
Criminal
B.Prosecution
Prosecution
110)..
of
Jurisdiction………….……….……29
A. Criminal Jurisdiction.
of Offenses
Offenses
29
(Rule
(Rule
110).....................................…….……29 .29
d. First-Level
d. First-LevelCourts....
Courts………………..13 ....13 a. Concept
a. Concept of Private
Private
i.i. Municipal
Municipal TrialTrial Court,
Court, Crime…...……………………………29
Crime. .29
Metropolitan Trial
Metropolitan Trial Court,
Court, b. Role
b. RoleofofPublic
Public Prosecutor....
Prosecutor........30
..30
Municipal Circuit
Municipal Circuit Trial
Trial c. Complaint
c. Complaintor orInformation..
Information.......33 .33
Court……………………..13
Court. .13
TABLE OF CONTENTS
TABLE CONTENTS REMEDIAL LAW
REMEDIAL LAW

d. Suf
d. Sufficiency
ciency of Complaint or
of Complaint or a. Warrant
a. Warrantof
of Arrest.
Arrest…….….………57
.57
Information………………….…....34
Information... b. Search and
b. Search and Seizure
Seizure (Rule
(Rule
DuplicityofofOffense.
e. Duplicity Offense……..........38
.38 126).................…….…….……..60
126).. .60
f.f. Amendment
Amendment or or Substitution
Substitution ofof c.
c. Fruit
Fruit of
of the
the Poisonous
Poisonous
Complaint
Complaint or
or Information
Information Tree…………………………………..71
Tree .71
………………...........................39 ...39 F. Bail
F. Bail(Rule
(Rule 114)....
114).......................…….…..71
.71
VenueofofCriminal
g. Venue CriminalActions..
Actions…….41 a. De
a. Definition……………………………71
nition. 71
Intervention of
h. Intervention of Offended
Offended Party Party Purpose……………………………..72
b. Purpose. .72
(Section 16)..........................44
(Section 16).... .44 c. Forms.
c. Forms………………………………..72 .72
i.
i. Injunction
Injunction ininCriminal
Criminal Cases Cases d. Conditions
d. Conditions of
of the
the Bail;
Bail;
(OCA Circular
(OCA Circular 79-2003,
79-2003, Item Item Requirements……………………..72
Requirements. .72
14).....…….…….…….…….………44
14). .44 e. When
e. WhenAAMatter
Matterof
of Right...
Right……….73
....73
C. Prosecution
C. Prosecution ofof Civil Civil Action
Action (Rule (Rule f.f. When
WhenA AMatter
MatterofofDiscretion...73
Discretion…73
111).....................................…….…...45
111).. ..45 g. Capital
g. CapitalOffense..
Offense……………………74 .74
a. Rule
a. Rule onon Implied
Implied Institution
Institution of of h.Requirement
h. RequirementofofCustody.
Custody…..….74 .74
Civil
Civil Action
Action arising from
arising from G. Rights
G. Rights of
of thethe Accused
Accused (Rule
(Rule
crime………….…….…….…….…..45
crime. .45 115).....................................………….75
115).. .75
Reservation of
b. Reservation of Right
Right toto File
File Civil
Civil a. General
a. General Rights
Rights of
of the
the
Action………..…….…….…….……47
Action. ..47 Accused……………………………..75
Accused .75
Suspensionof
c. Suspension ofCivil
Civil Actions.....48
Actions…..48 b.
b. Rights
Rights During During Trial Trial and and
d. When
d. WhenCivil
CivilAction
ActionMay MayProceed
Proceed Preliminary
Preliminary Investigation
Investigation v.
v.
Independently…………….….…..48
Independently. ...48 Custodial Investigation…………75
Custodial Investigation. ...75
e. Effect
e. EffectofofDeath
Deathofofthe theAccused
Accused Right to
c. Right
C. to be be Presumed
Presumed
or
or Convicted
Convicted on
on Civil
Civil Innocent…………………………….76
Innocent... ..76
Action/Liability……………….……48
Action/Liability.. .48 d. Right
d. Right to to be be Informed
Informed of of thethe
f.
f. Effect
Effect of of Acquittal
Acquittal on on CivilCivil Nature
Nature and and Cause Cause of of thethe
Action/Liability….…….…….…….49
Action/Liability. .49 Accusation Against
Accusation Against Him.Him……….76 ...76
g. Prejudicial
g. PrejudicialQuestion...
Question……….……49 .....49 e. Right
Right to tobe bePresent
Present and and to to
h. Rule
h. Rule on on Filing
Filing FeesFees in in Civil
Civil Counsel………………………………77
Counsel. ...7
Action Deemed
Action Deemed Instituted
Instituted with f. Rights
f. Rights Against
Against Self-Incrimination
Self-Incrimination
the Criminal
the Criminal Action..
Action………………50 .50 ……………………….………………..78 .78
D. Preliminary
D. Preliminary Investigation
Investigation (Rule
(Rule g. Right
9. Right to
to Confront
Confront and
and
112)......................................…….…..51
112).. .51 Cross-Examine…………………….79
Cross-Examine. ..79
a. Nature
Natureofof Right.
Right…………….…….51 ..51 h. Right
h. RighttotoSpeedy,
Speedy, Impartial,
Impartial, andand
b.Purposes
Purposes of
of Preliminary
Preliminary Public Trial.
Public Trial………………………….79
Investigation………………..…….52
Investigation. ......52 H. Arraignment
H. Arraignment andand Plea
Plea (Rule
(Rule
c.
c. Who
Who MayMay Conduct
Conduct Preliminary
Preliminary 116)......................................…….…..79
116).. .79
Investigation…………………..….52
Investigation. ....52 a. Arraignment.
a. Arraignment….……………………79 .79
d.Who
d. Who MayMay Conduct
Conduct b. Plea..
b. Plea………………………………….80 .80
Determination Of
Determination Existence Of
Of Existence Of c. Searching
c. Searching Inquiry.
Inquiry………………..81 ..81
Probable Cause..
Probable Cause…………………..53 ...53 d. Improvident
d. ImprovidentPlea.. Plea…………………82 .82
e.Procedure
Procedure for
for Preliminary
Preliminary I.I.Motion
Motion totoQuash
Quash(Rule(Rule 117)..
117)...….………82 .82
Investigation………………………54
Investigation. ..54 a. Motion
a. MotiontotoQuash.
Quash…………..…….82 .82
f.f.Modes
Modes ofofReview...
Review………………...55 .55 b. Double
b. DoubleJeopardy.
Jeopardy.…….……..…..86 .86
E. Arrest,
E. Arrest,Search
SearchandandSeizures.
Seizures….….….…..57 .57 c. Provisional
c. Provisional Dismissal.
Dismissal..…….……88 88
fi
fi
TABLE OF
TABLE OF CONTENTS
CONTENTS REMEDIAL LAW
REMEDIAL LAW

J.
J. Pre-trial
Pre-trial (Rule
(Rule 118)................….….….90
118). .90 f.f. Weight
Weight and
and Suf ciency of
Sufficiency of
a. Pre-Trial Conference [Sec. 1, Evidence (Rule
Evidence (Rule 133)............109
133).
Rule 118].............................90
a. Pretrial
Rule conference (Sec. 1
118]... g. Equipoise
g. Equipoise Rule.
Rule..........…………113
.113
Pre-Trial Agreement.
b. Pre-Trial Agreement…………….90 .90 h. Admissibility;
h. Relevance and
Admissibility; Relevance and
c.
c. Who
WhoMust MustBe BePresent
Present During
During Competence (Rule
Competence (Rule 128).......113
128)... .113
Pre-Trial………………………..……91
Pre-Trial.
Pre-Trial Order.
d. Pre-Trial Order…….………..…….91
..91
.91
i.i.What Need
What Need NotNot BeBe Proved
Proved (Rule(Rule
129)...................................115
129).. .115
Application Of
e. Application Of Judicial
Judicial AfAffidavit
davit i.
i. Judicial
Judicial Notice;
Notice;
Rule……………………….………….91
Rule. ..91 Mandatory
Mandatory and
and
K. Trial
K. Trial(Rule
(Rule 119).....................…….……92
119)... .92 Discretionary (Sections
Discretionary (Sections
Order of
a. Order of Trial.
Trial………………………92 .92 1-3)........................115
1-3). .115
DuringTrial...
b. During Trial…………………..……92
Submission of
c. Submission of Memoranda
Memoranda [A.M
..92
[A.M
i.
ii. Judicial
Judicial Admission
Admission
(Section 4)..............118
(Section 4). .118
No
No 15-06-10-SC,
15-06-10-SC, III
III No
No j.j. Presumptions
Presumptions (Rule
(Rule
14].......................................93
14]. .93 131)...................................120
131).. 120
d.
d. Revised
Revised Guidelines
Guidelines On
On B. Kinds
B. Kindsof of Evidence..
Evidence.……………….…….….126 .126
Continuous
Continuous Trial [A.M. No.
Trial [A.M. No. a. Object
a. Object as as Evidence
Evidence (Rule (Rule 130,130,
15-06-10-SC]........................94
15-06-10-SC]. 94 A)......................................126
A).. ..126
L. Judgment
L. Judgment (Rule
(Rule 120).
120)..............…….…..95 .95 b. Documentary
b. Documentary Evidence Evidence (Rule (Rule
a. Requisites
a. Requisitesof ofaa Judgment.
Judgment…….95 .95 130, B).
130, B)...............................130
.130
b. Contents
b. ContentsofofaaJudgment..
Judgment………95 95 i.i. Original
Original Document
Document
c. Promulgation
c. PromulgationofofJudgment....
Judgment……97 Rule……………..........130
Rule. 130
M. New
New Trial
Trial ororReconsideration
Reconsideration (Rule (Rule ii. Secondary
M.
121)............................…….…….………99
121). .99
ii. Secondary
Evidence……………….132
Evidence. 132
a. Grounds
Grounds For For New
New Trial…………99
Trial. .99 iii.
iii. Parol Evidence.
Parol Evidence……...134 .134
b.Grounds
Grounds For ForReconsideration
Reconsideration c.
c. Testimonial
Testimonial Evidence
Evidence (Rule(Rule 130,130,
…………………………………………99 ...99 C)……………………………………136
C). .136
c. Requisites
C. Requisites Before
May Be
May Be Granted
Before AA New
Granted On
New Trial
On Ground
Ground Of
Trial
Of
i.
i. Qualifications
Quali cations
Disqualifications
Disquali cations
and
and
of
Newly Discovered
Newly DiscoveredEvidence….99
Evidence...99 Witnesses...............136
Witnesses. .136
d. Effects
d. Effects OfOf Granting
Granting A New New TrialTrial 1. Quali
1. Qualification
cation of of
Or Reconsideration.............100
Or Reconsideration………..….100 Witnesses………138
Witnesses..... ..138
IV.
IV. EVIDENCE…………………….…….105
EVIDENCE. -105 2. Disquali
2. Disqualification
cation of of
A. Key
A. KeyConcepts..
Concepts………………………………..105 ......105 Witnesses………138
Witnesses. ..138
a. Concept
a. Concept and and Applicability
Applicability of of ii. Rule
Rule onon Third
Third
Evidence……………………..……105
Evidence. .....105 Parties………………….140
Parties... 140
b. Structure of
b. Structure of the Rules onthe Rules on 1. Marital
1. Marital
Evidence…….…………………….107
Evidence. .....107 Communications…
Communications...
c. Factum Probandum
c. Factum Probandum vs. Factum vs. Factum …………………….140 ..140
Probans……….…….…….………108
Probans. .....108 2.Attorney-Client
Attorney-Client
d. Proof
d. Proofvs.vs.Evidence....
Evidence…..…….….108 .....108 Privilege………..140
Privilege........140
e. Burden
e. Burden of of Proof
Proof vs. vs. Burden
Burden of of 3. Physician-Patient
3. Physician-Patient
Evidence (Rule
Evidence (Rule 131, 131, Sec. Sec. Privilege………..142
Privilege. ...142
1)..….…….…….…….…….……..109
1). .109 4.
4.Priest
Priest
Penitent…………143
Penitent. .143
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CONTENTS REMEDIAL LAW

5. Public
5.
6.
PublicOf
Officers..143
cers..143
6. Presidential
Presidential
v.
v. Leading and
Leading
Questions,
Questions,
and Misleading
Misleading
Not
Not
Communications
Communications Allowed…………………179
Allowed. .179
Privilege………..143
Privilege... .....143 vi.
vi. Impeachment
Impeachment of of
7. Deliberative Witnesses……………..179
Witnesses. .179
7. Deliberative
Process
Process b. Child
b. Child Witness
Witness RuleRule (A.M.
(A.M. No. No.
Privilege………..144
Privilege.. .144 004-07-SC)………………….……181
004-07-SC). .181
8. Testimonial
8. Testimonial
privilege………..144
privilege.. ...144
i.i. Requisites
Requisites
Admissibility………….181
Admissibility. .181
for
for

9. Other
9. Other Privileged
Privileged ii. Factors Considered
Considered for
Communications
Communications
ii. Factors
Admissibility………….181
Admissibility... ...181
Not in the Rules
Not Rules of of c. Authentication
c. Authenticationand andProof;
Proof; Public
Public
Court…………….145
Court.. ..145 and
and Private Private Documents
Documents
10. Admissions
10. Admissions and
and (Sections 19-33).
(Sections 19-33)……………….182 ..182
Confessions……146
Confessions... .146 d. Apostille
d. Apostille(Section
(Section 24).
24)…………187 .187
11. Previous
11. Previous Conduct
Conduct e.• Offer
Offer and
and Objection;
Objection; Tender
Tender of of
as Evidence..
as Evidence……156 156 Excluded Evidence
Excluded Evidence (Sections
(Sections
12. Hearsay;
12. Hearsay; 34-40)………………………………187
34-40). .187
Exceptions…….157
Exceptions.. .157 D. Judicial
D. Judicial AfAffidavit
davit Rule Rule CA.M.(A.M. No. No.
iii.
ili. Not
Not Hearsay
Hearsay 12-8-8-SC)……………………………………190
12-8-8-SC).. 190
Statements……………160
Statements.. ..160 a. Scope
a. Scopeand andApplicability.
Applicability………190 190
Prior Inconsistent
1. Prior Inconsistent b. Submission
b. Submission in Lieu of Direct
in Lieu Direct
Statements……160
Statements... ...160 Testimony…………………………191
Testimony. .191
2. Prior
2. Prior Consistent
Consistent c. Contents
C. Contents ofof the the Judicial
Judicial
Statements……160
Statements.. 160 Affidavit……………………………191
Af davit. .191
3. Statements
3. Statements of E. Rules
E. Rules on onElectronic
Electronic Evidence
Evidence (A.M.(A.M. No.No.
Identification….160
Identification.160 01-7-01-SC)………………………………….194
01-7-01-SC). 194
4.Exceptions
Exceptions to to thethe a. Scope
a. Scopeand andCoverage
Coverage………….194 ..194
Hearsay Rule...161
Hearsay Rule…161 b. De
b. Definition
nition of ofTerms.
Terms………..….194 .194
C. Presentation
C. Presentation of
of Evidence (Rule
Evidence (Rule c. Construction
Construction of of the
the Rules
Rules on on
c.
132)…………………………………………….176
132)... 176 Electronic Evidence.
Electronic Evidence……………195 .195
a. Examination
a. Examination of
of Witnesses
Witnesses d. On
d. OnElectronic
Electronic Documents.....195
Documents……195
(Sections 1-18)…………………176
(Sections 1-18).. .176 e.
e. Original
Original of an
of an Electronic
Electronic
i.
i. Examination
Examination of
of Document…………………………195
Document.... .195
Recording
Recording of f.f. Burden
BurdenofofProof..
Proof…………………196 196
Proceedings………….176
Proceedings. .176 F.
F. Rules
Rules on on the
the Use
Use ofof Body-Worn
Body-Worn Camera Camera
ii.
ii. Exclusion
Exclusion and
and in the
in theExecution
Execution of of Warrants
Warrants (AM (AM No. No.
Separation
Separation ofof 21-06-08-SC)…………………………….….198
21-06-08-SC)... 198
Witnesses……………..177
Witnesses. .177 a. When
a. WhenApplicable.
Applicable……………….198 .198
iii.
ili. Rights and
Rights and Obligations
Obligations b. Arrest
b. ArrestWarrant..
Warrant………………….198 .198
of aa Witness.
of Witness………….177 177 c. Search Warrant…………………201 .201
iv.
iv. Order
Order inin the
the
c. Search Warrant....
d. Common
d. CommonProvisions.
Provisions.............204
.204
Examination
Examination of an
of an V. CIVIL
V. CIVILPROCEDURE...
PROCEDURE………....…….211 .211
individual Witness.
individual Witness….178
..178 A. General
A. GeneralProvisions
Provisions(Rule(Rule 1)..
1).….….……211 .211
B. Kinds
B. Kindsofof Action.
Action.......................….…..211 211
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TABLE CONTENTS LAW
REMEDIAL LAW

a. Ordinary
a. Ordinaryand
and Special.
Special...….…..211
.211 VoluntaryAppearance.
f. Voluntary Appearance.……….280 .280
Personaland
b. Personal and Real.
Real…....….…..212
....212 G. Motions
G. Motions (Rule
(Rule 15)...................….…..281
15). ..281
c. Action
c. Action in
in personam,
personam, in rem,
in rem, a. Litigious
a. Litigious and
and Non-litigious
Non-litigious
quasi in
quasi in rem..
rem….....….….….…..213
..213 Motions……………………………282
Motions.. .282
C. Cause
C. Cause of
of Action
Action (Rule
(Rule 2)……….….…...216
2). ..216 b. Prohibited
b. ProhibitedMotions..
Motions......….…..283 .283
a. Splitting.
a. 218
Splitting………….……….….……218 H. Dismissal
H. DismissalofofActions
Actions (Rule
(Rule 17)...
17)..........285
..285
b. Joinder
b. Joinder and
and I.I. Pre-Trial
Pre-Trial (Rule
(Rule 18
18 and A.M.
and A.M.
Misjoinder.……………….….……219
Misjoinder. .219 03-1-09-SC).….….….….….….….….…..288
03-1-09-SC).. .288
D. Parties
D. Parties to
to Civil
Civil Actions
Actions (Rule
(Rule J. Intervention(Rule
J. Intervention (Rule 19).
19)............….…..295.295
3)..........................................….…..220
3). ..220 K. Subpoena
K. Subpoena (Rule(Rule 21)...
21)................….…..297
...297
a. Kinds
a. Kindsof ofparties...
parties….…….….……221 .221 Computationof
L. Computation ofTime
Time (Rule
(Rule 22)..
22)........301
..301
b. Joinder
b. Joinderof ofparties...
parties........….…..224
..224 M. Modes
M. Modes of ofDiscovery
Discovery (Rules(Rules 23-29)....301
23-29)....301
c.
c. Third
Third (Fourth,
(Fourth, etc.)
etc.) N. Trial
N. Trial(Rule
(Rule 30).
30)........................….…..315.315
Parties……………………..….…..226
Parties. .226 O. Consolidation
O. Consolidation and and Severance
Severance (Rule (Rule
d. Class
d. Class Suit.
Suit………………...….…..227 .227 31)...............................….….….….…320
31).. 320
Deathof
e. Death ofaaParty..
Party……....….……228 228 P. Demurrer
P. Demurrer to
to Evidence
Evidence (Rule
(Rule
f.f. Transfer
TransferofofInterest.
Interest…..….……230 .230 33)........................................….…..321
33). .321
E. Pleadings.
E. Pleadings…………………………....….……230 ..230 Q. Judgments
Q. Judgmentsand and Final
Final Orders.
Orders....….…..323 ..323
a. Kinds
a. Kinds(Rule
(Rule 6).
6)…………..………231 .231 a. Judgment
a. Judgment on the
on the Pleadings
Pleadings
b.Parts
Parts andand Contents;
Contents; Formal
Formal (Rule 34).
(Rule 34).....….….….….….…..324 .324
Requirements (Rule
Requirements (Rule 7)...….…238
7). ..238 b. Summary
b. Summary Judgement Judgement (Rule (Rule
c. Manner
c. Manner ofofMaking
Making Allegations
Allegations 35)..................….….….….….324
35). .324
(Rule 8)....….….….….….….….246
(Rule 8). .246 c. Rendition
c. Rendition and
and Entry
Entry of of
d. Effect
d. EffectofofFailure
Failure totoPlead
Plead (Rule
(Rule Judgment and
Judgment and Final
Final Orders
Orders
9)…………………..….….….….…253
9). ...253 (Rule 36).
(Rule 36).........….….….….….327 327
e.
e. Amended
Amended and and Supplemental
Supplemental R. Remedies
R. Remedies Before
Before Finality
Finality of
Pleadings (Rule
Pleadings (Rule 10)……………256
10). 256 Judgment.............................….….…329
Judgment. 329
f. Period
Period to to File
File Responsive
Responsive a. Motion for
a.Motion for New New Trial Trial or or
Pleadings (Rule
Pleadings (Rule 11)……………259
11)... .259 Reconsideration
Reconsideration (Rule
(Rule
g. Filing
g. Filing and
and Service
Service (Rule
(Rule 37)............................….…..329
37). .329
13)...........……………………….260
13). .260 b. Appeals
Appeals and and Other
Other ModesModes of of
F. Summons
F. Summons(Rule
(Rule 14)...
14).…………....….…..269 ....269 Review (Rules
Review (Rules 40-45;40-45; Rule Rule
a. Nature
a. NatureandandPurpose..
Purpose….….……269 269 64)..........….….….….….….…..333
64). 333
WhoMay
b. Who MayServe.
Serve.……....….…..270 .270 S.
S. Remedies
Remedies After
After Finality
Finality ofof
ValidService
c. Valid Service ofof Summons;
Summons; Alias Alias Judgment................….….….….….…..353
Judgment. .353
Summons.……………….….……271
Summons. .271 a.
a. Petition
Petition for
for ReliefRelief from
from
d. Service
d. ServiceofofSummons....
Summons...….……272 272 Judgment (Rule
Judgment (Rule 38).............353
38). 353
i. i. Personal Service.
Personal Service…….272.272 b.Annulment
Annulment of of Judgment
Judgment (Rule (Rule
ii. Substituted
Substituted 47)...................….….….….…356
47). 356
Service………..….……272
Service. .272 c.Collateral
c. Collateral Attack
Attack on
on
iii.
iii. Constructive
Constructive Judgments……………….….……358
Judgments. 358
Service……….….….…274
Service. .274 T. Execution,
T. Execution, Satisfaction,
Satisfaction, and Effects of
and Effects of
iv.
iv. Extraterritorial
Extraterritorial Judgments(Rule
Judgments (Rule 39).
39).......................359
.359
Service..……………….275
Service. .275 a. Introduction.........….…………359
a. Introduction.
.359
e. Proof
e. ProofofofService.
Service.……....….…..278 .278
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TABLE OF CONTENTS
CONTENTS REMEDIAL LAW
REMEDIAL LAW

When
b. When Execution
Execution Shall
Shall c. Preliminary
c. Preliminary Injunction and
Injunction and
Issue..................................361
Issue. 361 Temporary Restraining
Temporary Restraining Order Order
c. Writ Of Execution................361
c. Writ Of Execution. ..361 (Rule 58).
(Rule 58)............................401
.401
Quashal
d. Quashal of
of Writ
Writ of d.Replevin
Replevin(Rule
(Rule 60)..
60)......….……407 407
Execution........................362
Execution. .362 VI.
VI. SPECIAL CIVIL
SPECIAL CIVILACTIONS.
ACTIONS………..412 .412
e. Execution
e. Execution As As AA Matter
Matter of of A. Interpleader
A. Interpleader(Rule
(Rule 62)...
62)............….……412
.412
Right..................................362
Right. ...362 B. Declaratory
B. DeclaratoryRelief
ReliefandandSimilar
SimilarRemedies
Remedies
f. Execution
Execution AsAsAA Matter Matter of of (Rule 63)..
(Rule 63)................….….….….….……414 414
Discretion
Discretion (Discretionary
(Discretionary C. Certiorari,
C. Certiorari, Prohibition,
Prohibition, andand Mandamus
Mandamus
Execution)..........................364
Execution). ...364 (Rule 65)..............….….….….….….….419
(Rule 65). .419
g.
g. HowHow Judgment
Judgment IsIs D. Quo
D. QuoWarranto
Warranto (Rule
(Rule 66)..........….…..426
66). .426
Executed............................366
Executed. ...366 E. Expropriation
E. Expropriation(Rule
(Rule 67)...
67)...........….…..428
.428
h.
h. Entry
Entry of
of Satisfaction of
Satisfaction of a. Two
a. Two Stages
Stages in
in an
an Action
Action for
for
Judgment…………………………367
Judgment. 367 Expropriation…..….….….….…429
Expropriation... 429
i.i. Effect
Effect of
of Death
Death of of A A Party
Party To To b. Ascertainment
b. Ascertainment of
of Just
Just
Execution………………………….368
Execution. .368 Compensation………….….……431
Compensation.. 431
j.
j. Execution
Execution of of Judgments
Money………………………………368
Money..
Judgments for
..368
c. Effect
c. Effect ofof Failure
Failure to
Compensation…..….….….…...433
Compensation.
Pay Just
to Pay Just
.433
k. Execution
k. Execution of of Judgments
Judgments for for d. RA
d. RA 8974,8974, Guidelines for
Guidelines for
Specific
Speci Acts……………………371
c Acts. ...371 Expropriationr Proceedings
Expropriation Proceedings of of
I.
l. Execution
Execution of
of Special
Special National
National Government
Government
Judgments………………………..372
Judgments. ...372 Infrastructure
Infrastructure Projects;
Projects; RA RA
m. Effect of
m. Effect of Levy Levy on Third
on Third 10752……………….….….………433
10752. 433
Persons…………………………….373
Persons. ...373 F. Foreclosure
F. Foreclosure of of Real Estate Mortgage
Real Estate Mortgage
n. Properties
n. Properties Exempt
Exempt From
From (Rule 68).
(Rule 68).......................….….………..435 .435
Execution………………………….373
Execution. ..373 a. Judicial
a. JudicialForeclosure...
Foreclosure…..……….435 435
o. Proceedings
o. Proceedings Where Where Property
Property Is Is b. Extrajudicial
b. Extrajudicial Foreclosure (Act
Foreclosure (Act
Claimed
Claimed By
By Third
Third No.
No. 3135,
3135, as
as
Persons…………………………….374
Persons. ...374 amended)..................….……438
amended). 438
p.
p. Examination
Examination OfOfJudgment
Judgment c.
c. Banks
Banks (RA
(RA 8791, 8791, SectionSection
Obligor When
Obligor When Judgment
Judgment Is Is 47)................….….….….…….440
47). 440
Unsatisfied……………………….380
Unsatis ed. .....380 G. Partition
G. Partition(Rule
(Rule 69)...
69)..................….……441 ..441
q. Examination
q. Examination Of Obligor Of
Of Obligor Of H.
H. Forcible
Forcible Entry
Entry andand Unlawful
Unlawful Detainer
Detainer
Judgment Obligor.
Judgment Obligor………………380 .380 (Rule 70)..
(Rule 70).................….….….….….…..444 •444
r.
r. Other
Other Remedies………………..381
Remedies. .381 I.
I. Contempt
Contempt (Rule
(Rule 71)..
71)................….……451 451
s. Effect
Effect Of Of Judgments
Judgments Or Or Final
Final VII.
VII. SPECIAL
SPECIAL PROCEEDINGS
PROCEEDINGS AND
AND
Orders……………………………..381
Orders. .381 SPECIAL WRITS.
SPECIAL WRITS.........................459 ..459
t.
t. Enforcement
Enforcement And And Effect
Effect Of Of A.
A. Settlement
Settlement ofofEstate EstateofofDeceasedDeceased
Foreign Judgments
Foreign Judgments Or Final
Or Final Persons………………………………………..459
Persons. 459
Orders………………………………384
Orders. ..384 a. Venue
a. Venue and and Process
Process (Rule (Rule
U. Provisional
U. ProvisionalRemedies.
Remedies………….….….….385 .385 73).....................................459
73). .459
a. Introduction.
a. Introduction………………………385 .385 b.Summary
SummarySettlement
Settlement of of Estates;
Estates;
b. Preliminary
b. Preliminary Attachment
Attachment (Rule (Rule Liability of
Liability of Distributees
Distributees and and
57)...................….….….….…392
57). .392 Estate (Rule
Estate (Rule 74)..................460
74). 460
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CONTENTS REMEDIAL LAW
REMEDIAL LAW

c. Allowance
Allowance or or Disallowance
Disallowance of of b. Differences
b. Differences Between
Between Amparo
Amparo
the Will
the Will (Rule 76)................465
76).. ..465 Production Order
Production and Search
Order and Search
d. Letters
d. Letters Testamentary
Testamentary and
and Warrant……………………………518
Warrant. 518
Administration (Rule
Administration (Rule 78)......471
78)... ..471 c. Who
c. Whomay
may File.
File……………………518
...518
e.Claims
ClaimsAgainst
Against the theEstate
Estate (Rule
(Rule d. Where
d. Whereto
toFile.
File…………………….519
.519
86).....................................482
86).. ...482 e. When
e. WhentotoFile...
File……………………..519 .519
f.
f. Action
Action by
by and
and against
against Executors
Executors f. Contents of the Petition……..519
f. Contents of the Petition... ..519
and Administrators (Rule
Administrators (Rule g.
g. Issuance
Issuance and Service of
and Service of
87).....................................487
87).. .....487 Writ………………………………….520
Writ. .520
g. Payment
g. Payment of the Debts
of the Debts of of thethe h. Return
h. ReturnofofWrit...
Writ…………………..520 ..520
Estate (Rule
Estate (Rule 88)..................489
Sales, Mortgages,
h. Sales,
88)..
Mortgages, and
...489
and otherother
i.
i. Prohibited
ProhibitedPleadings;
Application
Application
Pleadings; Suppletory
of
Suppletory
Rules
of Rules ofof
Encumbrances ofof Property
Encumbrances Property of of Court……………………………….522
Court. .522
Decedent (Rule
Decedent (Rule 89).............490
Distribution and
i. Distribution
89). ...490
Partition of
and Partition of
j.
j. Omnibus
Omnibus Waiver
k. Procedure.
Waiver Rule...
Rule…………522
Procedure…………………………522
.522
522
k.
Estate (Rule
Estate (Rule 90)..
90)..................493
...493 l. Institution
1. Institution of
of Separate
Separate
B. Guardianship
B. Guardianship…………………….………….495 ..495 Action………………………………523
Action. .523
a. Venue(Rule
a. Venue (Rule 92).
92)..................495
...495 m. Effect
m. Effect of FilingFiling a Criminal
Criminal
AppointmentofofGuardians
b. Appointment Guardians Kinds Kinds Action………………………………523
Action. .523
ofof Guardians
Guardians (Rule
(Rule n. Consolidation...
n. Consolidation…………………….523 ..523
93).....................................496
93). .496 0.
o. Interim
Interim Reliefs
Reliefs Available
Available to to
c.
c. General
General Powers
Powers and Duties of
and Duties of Petitioner and
Petitioner and Respondent....524
Respondent….524
Guardians (Rule
Guardians (Rule 96)..
96).............497
..497 p. Quantum
p. QuantumofofProofProof in in Application
Application
d.
d.Termination
Termination ofofGuardianship
Guardianship for
for Issuance
Issuance of Writ of
of Writ of
(Rule 97)..
(Rule 97)............................499
.499 Amparo…………………………….526
Amparo. 526
e.
e. Rule
Rule on
on Guardianship
Guardianship of Minors Minors F.
F. Writ
Writ ofofHabeas
Habeas Data Data (A.M. (A.M. No. No.
(A.M. No.
(A.M. No. 03-02-05-SC).
03-02-05-SC).......500 ..500 08-1-16-SC)....................................527
08-1-16-SC). .527
C. Adoption.
C. Adoption………………………………………502 ...502 a. Scope.
a. Scope……………………………….527 527
a. Domestic
a. Domestic Administrative
Administrative b. Purpose.
b. Purpose……………………………527 .527
Adoption and
Adoption and Alternative
Alternative Child Child c.Availability
AvailabilityofofWrit..
Writ……………..527 ..527
Care Act
Care Act (RA
(RA 11642)..
11642)............502
....502 d.
d. Where
Where to
to File;
File; Where
Where
b. Re:
b. Re:Rule
Ruleon onAdoption
Adoption (A.M. (A.M. No. No. Enforceable………………………528
Enforceable. ..528
02-6-02-SC,
02-6-02-SC, June
June 20,
20, e. Who
e. WhomaymayFile.
File……………………528 .528
2022).................................508
2022).. ..508 f.
f. Contents
Contents of of Petition..
Petition……………528 .528
D. Habeas
D. Habeas Corpus
Corpus (Rule
(Rule 102); Custody of
102); Custody of Issuance and
g. Issuance
g. and Service
Service of of
Minors
Minors (A.M.
(A.M. No.
No. Writ………………………………….529
Writ.. 529
03-04-04-SC)..................................509
03-04-04-SC).. 509 h. Return
h. Return ofof Writ.
Writ…………………..529 .529
a. InIn
a.
b. InIn
b.
General(Rule
General (Rule 102)..
RelationtotoCustody
Relation
102)..........509
Custody of
....509
of Minors
Minors
i.
i. Prohibited
Prohibited Pleadings
Pleadings
Motions…………………………….530
Motions.
and
and
.530
(A.M. No.
(A.M. No. 03-04-04-SC).....
03-04-04-SC).......514 .514 j.
j. Procedure.
Procedure…………………………530 530
E.
E. Writ
Writ of
of Amparo
Amparo (A.M.
CA.M. No.
No. k. Consolidation.
k. Consolidation…………………….531 .531
07-9-12-SC)....................................516
07-9-12-SC).. .516 Effect of
l. Effect of Filing
Filing Criminal
Criminal
a. Coverage.
a. Coverage………………………….516 .516 Action………………………………531
Action... .531
m. Institution
m. Institution of
of Separate
Separate
Action………………………………531
Action. 531
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CONTENTS REMEDIAL LAW
REMEDIAL LAW

Quantum of
n. Quantum of Proof
Proof in
in Application
Application b. Supreme
b. Supreme Court's
Court’s Administrative
Administrative
for Issuance
for Issuance of Writ
Writ ofof Habeas
Habeas Supervision and
Supervision Control over
and Control over
Data…………………………………531
Data. .531 Members of
Members the Philippine
of the Philippine Bar Bar
G. Change
G. Change of
of Name.
Name……………………………532 ...532 (Constitution, Article
(Constitution, Article VIII, Sec. 55
VIII, Sec.
a. Pertinent
a. Pertinent Laws;
Laws; (5).....................................552
(5).. ...552
Summarized……………………..532
Summarized. ...532 c. Requisites
c. Requisites for forAdmission
Admission to the
Change of
b. Change of Name,
Name, Under
Under Rule
Rule Practice of
Practice Law………………….552
of Law. .552
103………………………………….534 ...534 d. Revised
d. RevisedLawyer's
Lawyer’s Oath.
Oath……….555 ..555
H. Cancellation or Correction
H. Cancellation or Correction in the Civilin the Civil B. Code
B. CodeofofProfessional
Professional Responsibility
Responsibility and and
Registry (Rule
Registry (Rule 108; R.A. 9048,
108; R.A. 9048, as as Accountability
Accountability (A.M.
(A.M. No.
No.
amended
amended by R.A.
R.A. 22-09-01-SC)..................................556
22-09-01-SC). 556
10172)...........................................536
10172).. .536 a. Canon
a. 1 - Independence;
Canon 1 – Independence;
a. Entries
a. Entries Subject
Subject totoCancellation
Cancellation Merit-Based Practice.
Merit-Based Practice………….556 .556
or Correction
or Correction under
under Rule
Rule 108,
108, inin b. Canon
b. Canon22 -–Propriety.
Propriety……………557 .557
relation to
relation to R.A. 9048. 536
R.A. No. 9048……536 c. Canon
c. Canon33-–Fidelity.
Fidelity………………563 .563
b.
b. Need
Need for
for Adversarial
Adversarial d. Canon
d. Canon 44 - – Competence and
Competence and
Proceedings………………………537
Proceedings.. .537 Diligence…………..................581
Diligence. ..581
c. Substantial
c. SubstantialChange...
Change……………537 ..537 e. Canon
e. Canon55-–Equality.. 584
Equality…............584
d. Parties
d. PartiestotobebeImpleaded.
Impleaded……..537 ..537 f.f. Canon
Canon66- –Accountability.
Accountability……586...586
e. Notice
e. NoticeandandPublication..
Publication……….537 ..537 C. New
C. NewCode CodeofofConduct
Conduct for for the
thePhilippine
Philippine
f.f. Judgment.
Judgment…………………………538 538 Judiciary………………………………….…..592
Judiciary. ..592
g. Opposition...
g. Opposition………………………..538 ..538 a. Independence,
a. Independence, Integrity,
Integrity,
h. Effect
h. EffectofofFailure
Failure to
toImplead
Implead and and Impartiality, Propriety,
Impartiality, Propriety, Equality,
Equality,
Notify the
Notify the Affected
Affected oror Interested
Interested and
and Competence
Competence and
and
Parties………………………………538
Parties. ....538 Diligence………………………….592
Diligence.. ..592
i.
i. Grounds
Grounds for
for Cancellation……539
Cancellation......539 b. Disquali
Disqualification
cation andand Inhibition of
j.
j. Effect
Effect of
of R.A.
R.A. No.
No. 9048.
9048………539 ...539 Judicial Officers
Judicial Of cers (Rule
(Rule 137)...596
137)...596
I. Rule
Ruleof of ProcedureforforEnvironmental
Procedure Environmental c.• Discipline
Discipline ofofMembers,
Members, Of Officials,
cials,
Cases (A.M.
Cases (A.M. No. 09-6-8-SC).. ...540
09-6-8-SC).............540 Employees and
Employees Personnel of
and Personnel of the
the
a.a. Temporary
Temporary Environmental
Environmental Judiciary……………………………599
Judiciary... 599
Protection Order
Protection
b. Strategic
b.
Order (TEPO)....
StrategicLawsuit
(TEPO)......540
Lawsuit Against
..540
Against Public
Public
II.
II. PRACTICALEXERCISES..
PRACTICAL
A. Judicial
A. JudicialAffidavit.
EXERCISES………….603
Affidavit……………………………603
..603
..603
Participation(SLAPP)..
Participation (SLAPP)...........541 B.Special
SpecialPower
Powerofof Attorney.
Attorney……..……….604 .604
c. Writ
c. Writ ofof Continuing
Continuing C. Petition
C. Petition for for Correction
Correction of of Entries
Entries inin the
the
Mandamus………………………..542
Mandamus... ..542 Civil Registry...
Civil Registry…………………………………607 .607
d. Writ
d. WritofofKalikasan.
Kalikasan……………….543 .543 D. Extrajudicial
D. Extrajudicial Settlement.
Settlement…………………609 .609
E. Petition
E. Petition forforIssuance
Issuance of of Writ
Writ of
of Habeas
Habeas
LEGAL AND
LEGAL AND JUDICIAL
JUDICIAL ETHICS
ETHICS WITH PRACTICAL
WITH PRACTICAL Corpus…………………………………………611
Corpus. .611
EXERCISES F. Petition
Petition for for Enforcement
Enforcement of of Foreign
Foreign
I. F.
EXERCISES
I. LEGAL
LEGALANDAND JUDICIAL
JUDICIAL ETHICS…551
ETHICS.551 Judgment…………………………………….612
Judgment. .612
A. Basic
A. Basic Concepts
Concepts of Admission to
of Admission to G. Motion
G. Motionfor forExecution
Executionof ofJudgment.
Judgment…..614 .614
Practice………………………………………..551
Practice.. ..551
a. Practice
Practice of
of Law..
Law..………………..551
A.

a. ...551
B.
fi
fi
fi
UP COLLEGE OF LAW
OF THE

GENERAL
PRINCIPLES
REMEDIAL LAW
GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW

Limitations the Rule-Making


Limitations on the Rule-Making Power
Power
GENERAL PRINCIPLES
GENERAL PRINCIPLES the Supreme
of the Supreme Court
Court
The rules
The rules of
of procedure
procedure promulgated
promulgated by the
the SC
SC
must:
must:
I. SUBSTANTIVE LAW a. Provide
Provide a asimpli
simplified andinexpensive
inexpensive
LAW VS.
a. ed and
SUBSTANTIVE VS. procedure for speedy disposition
disposition of
ADJECTIVE LAW
LAW procedure for speedy
cases;
cases;
b. Be uniform for all courts of the same
Substantive
Substantive Adjective
Adjective b. Be uniform for all courts of the same
grade; and
grade; and
Creates, defines,
Creates, de nes,and
and Lays
Lays down methods
down methods c.
c. Not
Not diminish,
diminish, increase
increase or
or modify
modify
regulates rights
regulates rightsand
and by which the
by which the rights
rights substantive rights
substantive rights[Sec.
[Sec.5(5),
5(5),Art.
Art. VIII,
VIII,
duties concerning
duties concerning life, andobligations
life, and obligations arising
arising Constitution].
Constitution].
liberty, or property
liberty, propertythe substantive law
the from substantive law
violation
violation of which are
of which are protected,
protected,
gives rise
gives risetotoaacause
causeof ofenforced,
enforced,and given
and given III.
III. HIERARCHY
HIERARCHYOF
OF COURTS:
COURTS:
DOCTRINE OF NON-
DOCTRINE NON-
action.
action. effect.
effect.
INTERFERENCE AND
INTERFERENCE AND
[Bustos v.
[Bustos v. Lucero,
Lucero, G.R.
G.R. No.
No. L-2068
L-2068(1948)]
(1948)]
JUDICIAL STABILITY
JUDICIAL STABILITY
II. RULE-MAKING
II. RULE-MAKING POWER
POWER OF
OF A. HIERARCHY
HIERARCHYOF
OF COURTS
COURTS
A.
THE SUPREME
THE SUPREME COURT
COURT General Rule
General Rule
The Supreme
The Supreme Court
Courtisis aa court
court of last
last resort
resort
Sec. 5(5),
Sec. VIII of
5(5), Art. VIII ofthe
theConstitution
Constitution provides
provides
[Diocese of Bacolod
[Diocese Bacolod v.v. COMELEC,
COMELEC, G.R.G.R. No.
No.
that:
that:
205728 (2015)].
205728 (2015)].
a.
a. The
The SC
SC shall
shall have the power
have the power to
promulgaterules
promulgate rulesconcerning:
concerning:
non-compliance
Effect of non-compliance
1. The
1. Theprotection
protectionand
andenforcement
enforcement
Strictly
Strictly speaking
speaking,, the
the disregard
disregard of
of the
the doctrine
doctrine of
of
of constitutional
of constitutional rights
rights
the hierarchy
the hierarchy of courts warrants
of courts warrantsthe
theoutright
outright
2. Pleading,
2. Pleading, practice,
practice, and
and
dismissal of
dismissal ofaapetition [Province of Bataan
petition [Province Bataan v.
v.
procedure in
procedure in all
all courts,
courts,
Escalada, G.R.
Escalada, G.R.No.
No.181311
181311(2021)]
(2021)]..
3. Admission
3. Admissionto tothe
the practice
practice of law
law
4. The
4. TheIntegrated
Integrated Bar,
Bar, and
and
5. Legal
5. Legal Assistance
Assistance to the under
to the under Exception
Exception
privileged.
privileged. The Supreme
The Supreme Court
Court may
may disregard
disregard hierarchy
hierarchyof
of
b. Rules
b. Rulesofofprocedure
procedureofofspecial
special courts
courts and
and courts ifif warranted
courts warranted by the
the following,
following, which
which are
are
allegations of "serious
“serious and important reasons”:
important reasons":
quasi-judicial bodies
quasi-judicial shall remain
bodies shall remain
effective unless
effective unless disapproved
disapproved by by the 1. When there
1. When there are are genuine
genuine issues
issues ofof
Supreme Court.
Supreme Court. constitutionality that must must bebe addressed
addressed
in the
in the most
most immediate
immediate time;time;
The
The SCSChashasthe
thesole
soleprerogative
prerogative to amend, 2.
2. When
When the the issues
issues involved
involved areare ofof
repeal or
repeal or even
even establish
establishnewnewrules
rulesfor
foraa more
more transcendental importance;
transcendental
simplified
simpli and inexpensive
ed and inexpensive process,
process, and
and the 3. Cases
3. Casesof of first impression;
rst impression;
speedy disposition
speedy disposition of cases [Neypes
of cases [Neypes v. CA, G.R.
v. CA, G.R. 4. The
4. Theconstitutional
constitutional issues
issues raised
raised are
are
No.
No. 141524,
141524, (2005)]
(2005)].. betterdecided
better decided by the Court;
Court;
5. The
5. Thepetition
petition filed reviews the
led reviews the act
act of aa
constitutional organ;
constitutional

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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW
REMEDIAL

6. When
6. Whenpetitioners
petitioners rightly
rightly claim
claim that
that they
they over its
over its judgment,
judgment,totothetheexclusion
exclusionofofall
allother
other
had no
had no other plain, speedy,
other plain, speedy, andand adequate
adequate coordinatecourts,
coordinate courts,forforitsitsexecution
executionand
and over
over all
remedy in
remedy in the
the ordinary
ordinary course
course ofof law
lawthat
that its antecedents,
its antecedents, and
and to to control,
control, ininfurtherance
furtherance
could free
could free them
them from
from the
the injurious
injurious effects
effects of justice,
of justice, the
theconduct
conductof
ofministerial
ministerial officers
of cers
of respondents'
of respondents’ actsacts inin violation
violation of of their
their acting in
acting in connection
connection with
with such
such judgment
judgment
right to
right to freedom
freedom of expression;
expression; and,and, [Mañalac v.
[Mañalac v. Hon.
Hon. Gellada,
Gellada, A.M.
A.M. No.
No. RTJ-18-2535
RTJ-18-2535
7. The
7. Thepetition
petitionincludes
includes questions
questions that are are (2018)].
(2018)].
“dictated by
"dictated public welfare
by public welfare and and the the
advancement ofof public
advancement public policy,
policy, or or When not applicable
demanded by
demanded by the broader interest
the broader interest of of The doctrine
The doctrine of
of judicial
judicial stability
stability does
does not
not apply
apply
justice, or
justice, or the
the orders
orders complained
complained of of were
were third-party claimant
where a third-party claimant isis involved
involved — – this
this is
is
found to
found to be
be patent
patent nullities,
nullities, or
or the
the appeal
appeal in consonance
in consonance with the well-established
with the well-established principle
principle
was
was considered
considered asasclearly
clearly an an that no
that no man
man shall
shall be
be affected
affected byby any
any proceeding
proceeding
inappropriate remedy [Diocese ofof
inappropriate remedy [Diocese to which
to which he he isis aastranger [Sps. Crisologo
stranger [Sps. Crisologo v.
Bacolod
Bacolod v. COMELEC, G.R.
v. COMELEC, G.R. No.
No. 205728
205728 Omelio, A.M.
Omelio, A.M. No.
No. RTJ-12-2321
RTJ-12-2321 (2012), citing Sec.
(2012), citing Sec.
(2015)]
(2015)]. . 16, Rule
16, 39, and
Rule 39, and quoting Naguit v.
quoting Naguit v. CA,
CA, G.R.
G.R. No.
No.
137675 (2000)].
137675 (2000)].
Rationale
1. ItItisisa aconstitutional
constitutionalimperative
imperative given
given the IV.SUPPLETORY
IV. SUPPLETORYAPPLICATION
APPLICATION
structure
structure of the judicialjudicial system
system and the OF
OF THE
THE RULES
RULES OF
OF COURT
COURT IN
IN
requirements
requirements of of due
due process;
process; BODIES
ADMINISTRATIVE BODIES
2.
2. It It preventsinordinate
prevents inordinatedemands
demands upon
upon the
SC’s time
SC's time andand attention
attention which
which are
are better
better The provisions
The provisions of
of the Rules of
the Rules Court may
of Court may bebe
devoted to
devoted those matters
to those matters within
within its applied suppletorily
applied suppletorily to
to the rules
rules of procedure
procedure ofof
exclusive jurisdiction;
exclusive jurisdiction; administrative bodies exercising
administrative bodies exercising quasi-judicial
quasi-judicial
3. It Itprevents
3. preventsfurtherfurtherovercrowding
overcrowding of of the powers, unless
powers, unless otherwise
otherwise provided
provided by
by law
law or
or the
the
SC’s docket;
SC's docket; and,and, rules of
rules of procedure
procedure of
of the
the administrative
administrative agency
agency
ItItprevents
prevents the the inevitable
inevitable and and resultant
resultantdelay,
delay, concerned.
concerned.
intended or otherwise,
otherwise, in the adjudication
adjudication ofof
cases which
cases which often
often have
have to to be
be remanded
remanded or or The Rules
The Rules ofof Court,
Court, which
which are
are meant
meant to secure to
to secure to
referred to
referred to the
the lower
lower court
court as
as the
the proper
proper forum
forum every litigant
every litigant the
the adjective
adjective phase
phase ofof due
due process
process
under the
under the rules
rules of procedure, or
of procedure, or as
as the
the court
court of law,
of law,may
may be be applied
applied to
to proceedings
proceedings before
before an
an
better equipped to
better equipped to resolve
resolve factual
factual questions
questions administrative body
administrative body with quasi-judicial
quasi-judicial powers
powers inin
[Gios-Samar v.
[Gios-Samar DOTC, G.R.
v. DOTC, G.R. No.
No. 217158
217158(2019)]
(2019)].. the absence
the absence of of different
different and
andvalid
validstatutory
statutory
or administrative
or administrative provisions
provisions prescribing
prescribing
DOCTRINE OF
B. DOCTRINE OF NON-
NON- the
the ground
ground rules rules for
for the
the investigation,
investigation,
hearing and adjudication of cases
hearing casesbefore
beforeitit
INTERFERENCE AND
INTERFERENCE ANDJUDICIAL
JUDICIAL
[Samalio v.
[Samalio v. CA,
CA, G.R.
G.R. No.
No. 140079
140079(2005)]
(2005)]..
STABILITY
The
The Doctrine
Doctrine ofofNon-Interference/
Non-Interference/
Examples:
Examples:
Doctrine
Doctrine ofof Judicial
JudicialStability
Stabilityholds
holdsthat
that courts
courts
•●Section
Section3,3, RuleI of
Rule I ofthe
the2011
2011NLRC
NLRC Rules
Rules
co- equal
of co- equal and
and coordinate
coordinate jurisdiction
jurisdiction cannot
cannot
of Procedure
of Procedure
interfere with
interfere with each
each other's
other’s orders
● Section
Section5,5,Revised
RevisedRules
Rules of
of Procedure
Procedure inin
Administrative
Administrative Cases
Cases Involving
Involving
A that acquires
A court that acquires jurisdiction
jurisdiction over
over the
the case
case
and renders
and renders judgment
judgment therein
therein has
has jurisdiction
jurisdiction

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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW

Employees of
Employees of the Department of
the Department Social
of Social facts constituting
facts constituting the plaintiff's
plaintiff’s cause
cause of action
action
Welfare and
Welfare and Development
Development [Heirs of
[Heirs of Balucanag
Balucanag v. DOLE
DOLE Phils.,
Phils., G.R.
G.R. No.
No.
V. CONSTRUCTION OF THE 225424 (2020)].
(2020)].
V. RULES OF
RULES OF COURT
THE
COURT(RULE
(RULE1,
1,
225424

SEC. 6)
SEC. 6) I.I.ASPECT
ASPECTOF
OFJURISDICTION
JURISDICTION

The Rules
The Rules shall
shall be
be liberally
liberally construed
construedinin order
order to
to
A. OVER
A. OVERTHE
THE SUBJECT
SUBJECT MATTER
MATTER
promote a just,
promote just, speedy,
speedy, andandinexpensive
inexpensive
disposition of
disposition of every
every action
action and
and proceeding
proceeding [Sec.
[Sec.
Meaning ofof Jurisdiction
Meaning over the
Jurisdiction over the
Rule 1].
6, Rule 1]. Subject Matter
Matter
Jurisdiction over
Jurisdiction over the
the subject-matter
subject-matter isis the
the power
power
A strict
A strict and
and rigid
rigid application
application of
of the rules of
the rules of to hear
to hear and
and determine
determine cases
cases of the general
of the general class
class
procedure, especially
procedure, especially on
on technical
technical matters,
matters, which
which to which
to which the
the proceedings
proceedings inin question
questionbelong
belong and
and
tend to
tend tofrustrate
frustrate rather
rather than
than promote
promote substantial
substantial is conferred
is conferred byby the
the sovereign
sovereign authority
authority which
which
justice, must
justice, must be
be avoided [Tiorosio-Espinosa v.v.
avoided [Tiorosio-Espinosa organizes
organizesthe the court and de
court and defines its powers
nes its powers
Hofileña-Europa,
Ho leña-Europa, G.R.G.R. No.
No. 185746
185746(2016)]
(2016)].. [Bernabev.
[Bernabe v. Vergara,
Vergara, G.R.
G.R. No.
No. L-48562 (1942)].
L-48562 (1942)].

However, compliance
However, compliance with the procedural
with the procedural rules
rules is
is How
How Jurisdiction
Jurisdiction is Conferred
Conferred and
and
the general
still the general rule,
rule, and
and abandonment
abandonment thereof
thereof Determined
should
should only be done
only be done inin the
themost
mostexceptional
exceptional Jurisdiction over
Jurisdiction over the subject matter
the subject matter of aa case
case is
circumstances [Pilapil
circumstances [Pilapilv.v. Heirs
Heirs of Briones, 514
of Briones, 514 conferred by
conferred and determined
by law and determined by
by the
SCRA 197
SCRA 197(2007)] .
(2007)]. allegations in
allegations inthe
thecomplaint
complaintwhich
whichcomprise
comprise
aa concise
concise statement
statement of the ultimate
of the ultimate facts
facts
constituting the
constituting plaintiff's cause
the plaintiff's cause ofof action
action
JURISDICTION
JURISDICTION [Medical Plaza
[Medical Plaza Makati
Makati Condominium
Condominium v.v. Cullen,
Cullen,
G.R. No.
G.R. No. 181416
181416(2013)]
(2013)]..

Jurisdiction isisthe
Jurisdiction thepower
powerand
andauthority
authority of
of the
the The allegations
The allegations in
in the body of
the body of the
the complaint
complaint
court
court to
to hear,
hear, try,
try,and
anddecide
decideaa case
case/Cuenca
[Cuenca define
de cause of action.
ne the cause action. The
The caption
captionor
ortitle
title of
of
v. PCGG,
v. PCGG, G.R.
G.R.Nos.
Nos.159104-05
159104-05 (2007)]
(2007)].. the cause
the cause of action
action is not controlling [Dela Cruz
controlling [Dela Cruz
v. CA,
v. CA, G.R.
G.R. No.
No. 139442
139442(2006)]
(2006)]..
ItIt includes theauthority
includes the authorityofofthe
the court
court to
to
executeits
execute itsdecisions
decisions sincesuch
since suchisisan
an essential
essential Consequences of ofrule
Consequences that jurisdiction
rule that jurisdiction is
is
aspect of jurisdiction
aspect jurisdiction and
and is important
is the most important conferred by
conferred bylaw;
law;ititcannot
cannotbe:
be:
part of
part of litigation [Echegaray v.
litigation [Echegaray v. Sec.
Sec. of
of Justice,
Justice, a. Conferred
a. Conferredby byvoluntary
voluntary act
act or
or agreement
agreement
G.R. No.
G.R. No. 132601
132601 (1999)]
(1999)].. of the
of the parties,
parties,
b.
b. Acquired,
Acquired, waived,
waived, enlarged,
enlarged, or
or
When Determined diminished by
diminished by any
any act
act or
or omission
omission of the
of the
Law at
Law at the
the time
time of
of commencement
commencement of the action
action parties, or
parties, or
[Sps. Estacion
[Sps. Estacion v. Secretary
Secretary of DAR,
DAR, G.R.
G.R. No. c. Conferred
c. Conferred byby the
theacquiescence
acquiescence of the
of the
163361
163361 (2014)]
(2014)].. [De la
courts, [De
courts, la Rosa
Rosa v.
v. Roldan,
Roldan, G.R.
G.R. No.
No.
133882 (2006)]
133882 (2006)]
How Determined
Determined d. Conferred
d. Conferredbybyadministrative
administrativepolicy
policy of
of any
any

By the allegations
By the allegations in the
the complaint
complaint which
which court, or [Arranza
court, or [Arranza v.
v. B.F.
B.F. Homes, Inc.,
Homes, Inc.,

comprise aa concise
comprise concise statement
statement of ultimate
of the ultimate G.R. No.
G.R. No. 131683
131683(2000)]
(2000)]

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REMEDIAL LAW

e. Conferred
e. Conferred by by aa court's
court’sunilateral
unilateral jurisdiction of
jurisdiction of the
the court [Guy v.
court [Guy v. Gacott,
Gacott, G.R.
G.R.No.
No.
assumption
assumption of jurisdiction [Tolentino
of jurisdiction [Tolentino v.
v. 206147 (2016)]
206147 (2016)]..
Social
Social Security
Security Commission,
Commission,G.R.G.R.No.
No.L-
L-
28870 (1985)].
28870 (1985)]. How jurisdiction over the defendant
defendant is
is
[1 Riano
[1 Riano 75-76,
75-76, 2014
2014 Bantam Ed.]
Bantam Ed.] acquired
acquired
Jurisdiction over
Jurisdiction over the person
person of
of the defendant
defendant is
is
Jurisdiction is
Jurisdiction is not
not affected
affected by
by the
the pleas
pleas set
set up
up by
by acquired:
acquired:
the defendant
the defendant or or respondent
respondent in in an answer,
answer, 1. By
1. Byhis
his voluntary
voluntaryappearance
appearance in
in court
court
motion to
motion to dismiss,
dismiss, or
or motion
motion to quash. Otherwise,
to quash. Otherwise, and his
and his submission
submission totoits
itsauthority,
authority,oror
jurisdiction would
jurisdiction would become
become dependent
dependent almost
almost 2. By
2. Byservice
service of
ofsummons.
summons.
entirely upon
entirely upon the whims of
the whims the defendant
of the defendant or [Sec. 23,
[Sec. 23, Rule
Rule 14; Macasaet v. Co,
14; Macasaet Co, G.R.
G.R. No.
No.
respondent [Maligalig v.v.Sandiganbayan,
respondent [Maligalig Sandiganbayan, G.R.
G.R. No.
No. 156759 (2013)
156759 ].
(2013)].
236293 (2019)].
236293 (2019)].
Voluntary Appearance
Voluntary Appearance ofof the defendant gives
the defendant gives the
the
B. OVER
B. OVER THE
THE PARTIES
PARTIES court jurisdiction over
court jurisdiction over his
his person
person despite
despite lack
lack of
of
Jurisdiction over the
Jurisdiction the parties
parties refers
refers to the
the service of summons
service summons or defective service
or a defective service of
of
power
power of court to
of the court to make
make decisions
decisions that are
are summons. Since
summons. Since their voluntary
voluntary appearance
appearance in
binding on
binding on persons [De Pedro
persons [De Pedro v.
v. Romasan
Romasan the action
the action shall
shall be
be equivalent
equivalent to service of
to service
Development
Development Corp,
Corp, G.R.
G.R.No.
No.194751
194751(2014)] .
(2014)]. summons.
summons.

It is an
It is an element
element ofof due
dueprocess
process that
that isis essential
essential However, ifif voluntary
However, voluntary appearance
appearance isis for
for the
in all
in all actions,
actions, civil
civil or
or criminal,
criminal, except
except in
in actions
actions in
in purpose of questioning
purpose questioning the
the court's
court’s jurisdiction
jurisdiction
rem or
rem or quasi
quasi in
in rem [Guy v.
rem /Guy v. Gacott,
Gacott, G.R.
G.R. No.
No. over their
over their person
person without
without seeking
seeking afaffirmative
rmative
206147 (2016)].
206147 (2016)]. relief, such
relief, such will
will not
not be
be considered
considered aa submission
submission to
to
the court's
the court’s jurisdiction.
jurisdiction.
Kinds
a. Over the
a. Over the plaintiff
plaintiff C. OVER
C. OVER THE
THE ISSUES
ISSUES
b. Over
b. Overthe
thedefendant
defendant Jurisdiction over
Jurisdiction over the
the issues
issues isis the
the power
power of the
c. Over
c. Over non-parties
non-parties –- It is
is aa principle
principle of
of court try and
court to try and decide
decide the
the issues
issues raised
raised in the
equity
equity that jurisdiction over
that jurisdiction over aa person
person not
not pleadings of
pleadings the parties
of the [Reyes vs
parties /Reyes vs Diaz,
Diaz, G.R.
G.R. No.
No.
formally or originally
formally or a party
originally a party to a litigation
to a litigation 48754 (1941)]
48754 (1941)]. .
may nevertheless
may nevertheless be acquired, under
be acquired, under
proper conditions,
proper conditions, through
through the
the voluntary
voluntary Generally, jurisdiction
Generally, jurisdiction over
over the
the issues
issues is
is conferred
conferred
appearance of
appearance of that person before
that person before the and determined
and determined by by
[Rodriguez v.
court [Rodriguez Alikpala, G.R.
v. Alikpala, G.R. No.
No. L-
L- a.a.The
Thepleadings
pleadings of of the
theparties,
parties, which
which
38314 (1974)].
38314 (1974)]. present the
present issues to
the issues be tried
to be tried and
and
determine whether or not the
determine the issues
issues are
are
How jurisdiction
How jurisdiction over
over the
the plaintiff
plaintiff is of fact
of fact or
or law [Reyes v.
law [Reyes v. Diaz,
Diaz, G.R.
G.R.No.
No.L-L-
acquired 48754 (1941)]
48754 (1941)]
Courts acquire
Courts acquire jurisdiction
jurisdiction over
over aa plaintiff
plaintiff upon b. Stipulation
b. Stipulationofofthe
theparties
partiesas
aswhen,
when, in
in
the filing of the
ling of the complaint [De Pedro
complaint [De Pedro v.
v. Romasan
Romasan the pre-trial,
the pre-trial, the
the parties
parties enter
enter into
into
Development
Development Corp,Corp,G.R.
G.R.No.
No.194751
194751(2014)]
(2014)].. stipulations
stipulations ofof facts
facts oror enter
enter into
into
agreement simplifying
agreement simplifying the
the issues
issuesof
of the
the
By the
By the mere
mere filing
ling of the complaint,
of the complaint, the
the plaintiff,
plaintiff, case [Sec.
case [Sec. 2(c),
2(c), Rule
Rule18]
18]
in aa civil
in civil action,
action, voluntarily
voluntarily submits
submits himself
himself to
to the
the

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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW

c.
c. Waiver or failure
Waiver or failure to object
object to
to GENERAL VS.
B. GENERAL
B. VS. SPECIAL
SPECIAL
evidence on
evidence on aa matter
matter not raised in
not raised in the
the
General
General Special
Special
pleadings. Here
pleadings. Here the
the parties
partiestry
try with
with their
their
express or
express implied consent
or implied consent on
on issues
issues not
not Courts
Courts of
of general
general Courts
Courts of
of special
special
raised by
raised by the
the pleadings
pleadings [Sec.
[Sec. 5,
5, Rule
Rule 101.
10]. jurisdiction are
jurisdiction are those jurisdiction are
thosejurisdiction are those
those
with competence
with competence to to which
which have
have
[1 Riano
[1 Riano 83-84,
83-84, 2016
2016 Bantam
Bantam Ed.]
Ed.] decide on their own
own jurisdiction
jurisdiction only
only for
decide on their for aa
jurisdiction and
jurisdiction take particular
and take particular purpose
purpose
The
The rule
rule is
is that party is
that a party is entitled
entitled only
only to
to such
such cognizance
cognizance of ofallalloror clothed
clothed with
with
relief consistent
relief consistent with
with and
and limited
limited toto that sought
sought cases of
cases of aa particular
particular special
special powers
powers for
for
the pleadings
by the pleadings or or incidental
incidentalthereto.
thereto.AAtrial
trial nature. the
the performance
performance of
of
court would
court would be be acting
acting beyondbeyond its its
nature.
specified edduties
speci duties
jurisdiction
jurisdiction ifif it grants
grants relief
relief toto a party
party beyond which
beyond which they
they
beyond the
beyond the scope
scope ofof the
the pleadings [Gonzaga
pleadings[Gonzaga have no
have no authority
authority of
of
v. CA,
v. CA, G.R.
G.R. No.
No. 142037
142037(2004)]
(2004)].. any kind.
any kind.
[1 Riano
[1 Riano 49,
49, 2016
2016 Bantam
Bantam Ed.]
Ed.]
II. CLASSIFICATION
II. CLASSIFICATION OF
OF
JURISDICTION C. EXCLUSIVE VS. CONCURRENT
C. EXCLUSIVE VS. CONCURRENT
A. ORIGINAL
A. VS. APPELLATE
ORIGINAL VS. APPELLATE Exclusive Concurrent
Concurrent

Original
Original Appellate
Appellate Exclusive jurisdiction
Exclusive jurisdictionIt Itisis the power of
the power of
precludes the idea of different courts
precludes the idea of different courts to to
Original jurisdiction
Original jurisdiction is
is Appellate
Appellate jurisdiction
jurisdiction co-existence
co-existence and
and takecognizance
take cognizance of
of the
the
the power
the power ofof the
the Court
Courtis isthe
theauthority
authority of
of aa refers to
refers to jurisdiction
jurisdiction same
same subject
subject matter.
matter.
to
to take take judicial
judicial Court
Court higher
higher in rank
in rank possessed
possessed toto the
the
cognizance of
cognizance case to
of aa case to re-examine
re-examine the the exclusion of
exclusion others Where
of others Where such
such
instituted
instituted forfor judicial
judicial final nalorder
order or or [Cubero v.v.Laguna
[Cubero Lagunajurisdiction
jurisdictionexists,
exists, the
the
action
action forfor the
the first judgment of a
rst judgment of a West Multi-Purpose court
West Multi-Purpose court rst taking
first taking
timeunder
time under conditions
conditions lower
lower Court
Court which
which Cooperatives, Inc.,
Cooperatives, Inc., cognizance
cognizance of of the
the case
case
provided by
provided by law.
law. tried the
tried the case
case nownow G.R. No. 166833
166833 assumes
assumes jurisdiction
jurisdiction
elevated for
elevated judicial
for judicial
G.R. No.
(2006)].
(2006)]. to the
to the exclusion
exclusion of
of the
the
review.
review. other courts
other [Pat-og,
courts [Pat-og,
[China Banking
[China Banking Corporation
Corporationv.v. City
City Treasurer
Treasurerof
of Sr. v.
Sr. v. CSC,
CSC, G.R.
G.R. No.
No.
Manila,
Manila, G.R.
G.R.No.
No.204117
204117(2015)]
(2015)] 198755 (2013)].
198755 (2013)].

III. JURISDICTION
III. JURISDICTION OF
OF THE
THE PHILIPPINE
PHILIPPINE COURTS (B.P. 129,
COURTS (B.P. 129,ASAS
AMENDED)
AMENDED)

A. SUPREME
A. SUPREME COURT
COURT
General Rule:
General Rule:The
TheSCSC is not a trier of facts.
facts.
Exception:The
Exception: TheSC SC can
can look
look into
into the
the facts
facts of
of aa case:
case:
Whenthe
1. When theconclusion
conclusion isis aa finding grounded entirely
nding grounded entirely on
on speculation,
speculation, surmises
surmises and
and conjectures;
conjectures;
2.
2. When
When the
the inference
inference made
made is is manifestly
manifestly mistaken,
mistaken, absurd
absurd or
or impossible;
impossible;

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3. Where
3. Where there
there isisaagrave
graveabuse
abuseofofdiscretion;
discretion;
4. When
4. Whenthethe judgment
judgment is isbased
basedonona amisapprehension
misapprehensionofoffacts;
facts;
5. When
5. When thethe findings
findings of of factare
fact areconflicting;
conflicting;
6. When
6. When the
the Court
Court ofof Appeals,ininmaking
Appeals, makingits its findings,
findings, went beyondthe
went beyond the issues
issues of
of the
the case
case and
and the
the
sameisis contrary
same contrary to
to the
the admissions
admissions ofof both
both appellant
appellant and and appellee;
appellee;
7. When
7. Whenthethe findings
findings arearecontrary
contrarytotothose
thoseofofthe thetrial
trial court;
court;
8. When
8. Whenthethe findings
findings of of factare
fact areconclusions
conclusionswithout
withoutcitation
citation of
of specific
specificevidence
evidenceonon which
which they
they are
are
based;
based;
9. When
9. Whenthethe facts
facts setset forthininthe
forth thepetition
petitionasaswellwell as
as in
in the
the petitioners'
petitioners' main
main and reply briefs
and reply briefs are
are
not disputed
not disputed byby the
the respondents
respondents and and
10. When
10. When the findings
ndings of factfact of
ofthe
theCourt
CourtofofAppeals
Appeals are are premised
premised on on the
the supposed
supposed absence
absence of of
evidence and
evidence and contradicted
contradicted by by the evidence on
the evidence record [Aklan
on record [Aklan v. Enero, G.R.
v. Enero, G.R. No.
No. 178309,
178309, January
January
27, 2009]
27, 2009]..

EXCLUSIVE ORIGINAL
EXCLUSIVE ORIGINAL JURISDICTION
JURISDICTION

Petitions for certiorari,


Petitions for certiorari,prohibition,
prohibition,and
andmandamus
mandamus against
againstappellate
appellate courts, namely:
courts, namely:
a.Court
Courtofof Appeals,[Sec.
Appeals, [Sec.17,
17, R.A.
R.A. 296]
b.
b. Commission
Commissionon onElections,
Elections, [Sec 7, 7, Art. IX-A, Constitution]
c. Commission
Commissionon onAudit,
Audit,[Sec.
[Sec. 7,
7, Art.
Art. IX-A,
IX-A, Constitution]
Constitution]
Sandiganbayan, and
d. Sandiganbayan, and [P.D. 1606 as
[P.D. 1606 as amended]
amended] [1 Riano 106,
[1 Riano 106, 2014
2014 Bantam
Bantam Ed.]
Ed.]
e. Court
Courtofof
TaxTax
Appeals (notenenbanc)
Appeals(not banc)[1[1Riano
Riano92,
92,2016
2016Bantam
BantamEd.]
Ed.](if enbanc,
(ifen banc,SC
SC in
in appellate
appellate
jurisdiction) [Sec.
jurisdiction) [Sec. 18,
18, RA
RA 1125].
1125].

CONCURRENT ORIGINAL
CONCURRENT ORIGINAL JURISDICTION
JURISDICTION

1. With
1. With CA
CA
a. Petitions
a. Petitions for certiorari, prohibition,
for certiorari, andmandamus
prohibition,and mandamusagainst first-level
against rst-levelcourts
courts and
and bodies,
bodies,
namely:
namely:
i. RTCs
RTCs [Sec.
[Sec. 21(1),
21(1), B.P.
B.P. 129]
129]
ii.
ii. Civil
Civil Service
Service Commission
Commission [R.A.
[R.A. 7902]
7902]
iii.
iii. Central Board
Central Board ofof Assessment
Assessment Appeals
Appeals[P.D.
[P.D. 464;
464; B.P.
B.P. 129;
129; R.A.
R.A.7902]
7902]
iv.
iv. NLRC and
NLRC St. Martin
and [[St. Funeral Homes
Martin Funeral Homes v.
v. NLRC,
NLRC,G.R.
G.R.No.
No.130866
130866(1998) ; R.A.
(1998); R.A.7902]
7902]
v.
v. Other Quasi-Judicial Agencies [B.P. 129; R.A. 7902; Heirs of Hinog v. Melicor, G.R.
No.
No. 140954
Other 140954 (2005)
(2005) [1
Quasi-Judicial Riano 106-107,
[1 Agencies
Riano 2014
[B.P. 129;
106-107, Bantam
2014 R.A. Ed.].
7902;
Bantam Heirs of Hinog v. Melicor, G.R.
Ed.].

Note: Although
Note: Although there
there isis concurrent
concurrent jurisdiction
jurisdiction as
as the
the Constitution
Constitution grants
grants this
this to
to the
the SC,
SC, SC
SC A.M.
A.M. No.
No. 07-
07-
7-12 issued
7-12 issuedon
on44December
December 2007 provides
2007 thatthat
provides if the petition
if the involves
petition involvesanan act/omission
act/omissionof of aaQuasi-
Quasi-
JudicialAgency,
Judicial Agency,thethepetition
petitionshall
shall only
only be
becognizable
cognizableby bythe
theCACAand
andmust
mustbe be filed
led there.

b. QuoWarranto
b. Quo Warrantopetitions
petitions [Sec.
[Sec. 7, Rule
Rule 66],
66],
c. Writ
c. Writ HabeasCorpus
ofofHabeas Corpus [Sec.
[Sec. 2, Rule
Rule 102],
102],
d. Writ
d. Writofof Amparo[Sec.
Amparo [Sec.3,3,A.M.
A.M.No.
No. 07-9-12-SC],
07-9-12-SC],
e. Writ
e. Writofof HabeasData
Habeas Data[Sec.
[Sec.3, 3,A.M.
A.M.No.
No. 08-1-16-SC],
08-1-16-SC], and
f. Writ
f. Writ of Kalikasan
of Kalikasan [Sec.
[Sec. 3,3, Rule7,7,Part
Rule Part3,3,Rules
RulesofofProcedure
Procedure for
forEnvironmental
Environmental Cases].
Cases].

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2. With
2. With RTC
RTC
a. Cases
a. Casesaffecting
affectingambassadors,
ambassadors, public
public ministers,
ministers, and
and consuls
consuls [Sec.
[Sec. 21(2),
21(2), B.P.
B.P. 129]
129]
b. Petitions
b. Petitionsfor certiorariprohibition,
forcertiorari, , prohibition,and mandamus against
andmandamus against lower
lower courts [Sec.
[Sec. 21(1),
21(1), B.P.
B.P. 129]
129]
c. QuoWarranto
c. Quo Warrantopetitions
petitions[Sec.
[Sec. 7,
7, Rule
Rule 66],
66],
d. Writ
d. Writ
ofof HabeasCorpus
Habeas Corpus [Sec.
[Sec. 2,
2, Rule
Rule 102],
102],
e. Writ
e. Writofof Amparo[Sec.
Amparo [Sec.3,3,A.M.
A.M.No.
No.07-9-12-SC],
07-9-12-SC], and
and
f.f.Writ
Writ
of of HabeasData
Habeas Data[Sec.
[Sec.3,3,A.M.
A.M.No.
No.08-1-16-SC].
08-1-16-SC].

3. With
3. With Sandiganbayan
Sandiganbayan
a. Writ of Amparo [Sec. 3, A.M. No. 07-9-12-SC], and
b. Writ of Habeas Data Sec. 3, A.M. No. 08-1-16-SC].

Note: the SC
Note: SC also
alsohas
hasan anequity
equity jurisdiction, whereit itrelaxes
jurisdiction, where relaxesthe
theapplication
application of
of procedural
procedural rules
rules in
favor of
favor of justice
justice and
and equity.
equity. When
When thethe strict
strict and
and rigid
rigid application
application of
of procedural
procedural rules
rules would
would result
result in
in
technicalities that
technicalities that tend frustrate rather
tend to frustrate rather than
than promote
promote substantial
substantial justice,
justice, they must always
they must always be be
eschewed [Sps.
eschewed [Sps. Soller
Soller v.
v. Singson,
Singson, G.R.
G.R.No.No.215547
215547(2020)]
(2020)]..

B. COLLEGIATE
B. COLLEGIATE COURTS
COURTS
a. COURT
a. COURTOF
OF APPEALS
APPEALS
EXCLUSIVE ORIGINAL
EXCLUSIVE ORIGINAL JURISDICTION
JURISDICTION

Actions for
Actions for annulment
annulment of
of judgments
judgments of
of the
the RTC
RTC [see: Sec. 9(2),
[see: Sec. B.P. 129;
9(2), B.P. 129; Sec.
Sec. 1,
1, Rule
Rule 47].
47].

CONCURRENT ORIGINAL
CONCURRENT ORIGINAL JURISDICTION
JURISDICTION

1. With
1. With SC
SC
a. Petitions
a. Petitions for certiorari, prohibition,
forcertiorari, and mandamus
prohibition, and mandamusagainst
againstfirst-level
rst-levelcourts
courts and
and bodies,
bodies,
namely:
namely:
i. RTCs
RTCs[Sec.
[Sec. 21(1),
21(1), B.P.
B.P. 129]
129]
ii.
ii. Civil Service
Civil Service Commission
Commission [R.A.
[R.A. 7902]
7902]
iii.
iii. Central Board
Central Board of Assessment
Assessment Appeals
Appeals[P.D.
[P.D. 464;
464; B.P.
B.P. 129;
129; R.A.
R.A.7902]
7902]
iv.
iv. NLRC
NLRCand St. Martin
and[[St. Martin Funeral
Funeral Homes
Homes v. NLRC, G.R.
v. NLRC, G.R.No.
No.130866
130866 (1998)
(1998);; R.A.
R.A. 7902]
7902]
v.
V. OtherQuasi-Judicial
Other Quasi-JudicialAgencies
Agencies [B.P.
[B.P. 129;
129; R.A.7902;
R.A. HeirsofofHinog
7902;Heirs Hinogv.v.Melicor,
Melicor, G.R.
G.R.
No. 140954
No. 140954 (2005)
(2005) [1
[1 Riano
Riano 106-107,
106-107, 2014
2014 Bantam
Bantam Ed.].
Ed.].
QuoWarranto
b. Quo
b. Warranto petitions,
petitions,
c. Writ
c. Habeas Corpus,
WritofofHabeas Corpus,
d.
d. Writ
Writ of Amparo,
of Amparo,
e. Writ
Writ of Habeas Data,
ofHabeas Data, and
and [1 Riano 93-
[1 Riano 93- 94,
94, 2016
2016 Bantam
Bantam Ed.]
Ed.]
f. Writofof
f. Writ KaIikasan[Sec.
Kalikasan [Sec.3,3,Rule
Rule7,7,Part
Part3,3,Rules
RulesofofProcedure
Procedure for
forEnvironmental
Environmental Cases].
Cases].

2. With
2. With RTC
RTC
a. Petitions
a. Petitionsfor certiorariprohibition
forcertiorari, , prohibitionand mandamusagainst
andmandamus against lower
lower courts
courts and
and bodies
bodies
Quowarranto
b. Quo
b. warranto petitions,
petitions,

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c. Writ
c. Writofof HabeasCorpus
Habeas Corpus[1
[1Riano
Riano 96,
96, 2016
2016 Bantam
Bantam Ed.]
Ed.]
d.
d. Writ Amparo,and
WritofofAmparo, and[Sec.
[Sec.3,
3,Rule
Rule on
on the
the Writ
Writ of
of Amparo]
Amparo]
e. Writ
e. Writofof HabeasData
Habeas Data[Sec.
[Sec.3,
3,Rule
Rule on
on the
the Writ
Writ of
of Habeas
Habeas Data]
Data]

3. With
3. With Sandiganbayan
Sandiganbayan
a. Writ
a. Amparo, and
WritofofAmparo, and
b. Writ
b. Habeas Data
WritofofHabeas Data

b. SANDIGANBAYAN
b. SANDIGANBAYAN
EXCLUSIVE ORIGINAL
EXCLUSIVE ORIGINAL JURISDICTION
JURISDICTION

a. Violations
a. ViolationsofofR.A.
R.A.3019
3019ororthe
theAnti-Graft
Anti-Graftand
andCorrupt
CorruptPractices
Practices Act.
Act.

b. Violations
b. ViolationsofofR.A.
R.A.1379
1379 or or
AnAnActAct DeclaringForfeiture
Declaring ForfeitureininFavor
Favorofofthe
theState
StateAny
AnyProperty
Property Found
Found
Have Been
to Have Been Unlawfully
Unlawfully Acquired
Acquired by Public Of
by Any Public Officer Employee and
cer or Employee Providing for
and Providing for the
Proceedings
Proceedings Therefor.
Therefor.

c. Bribery
c. Bribery (Chapter
(Chapter II, II,
Sec.Sec.
2, 2, Title
Title VII,
VII, Book
Book II, II, RPC),where
RPC), whereone
oneorormore
moreofofthe
theprincipal
principalaccused
accused
are occupying
are occupying thethe following
following positions
positions in
in government,
government, whether
whether in
in a
a permanent,
permanent, acting
acting or
or interim
interim
capacity, at
capacity, at the
the time
time ofof the
the commission
commission of of the
the offense.
offense.

1. OfOfficials
1. cials ofofthetheexecutive
executivebranch
branchoccupying
occupying the
the positions
positions ofof regional
regional director
director and
and higher,
higher,
otherwise classi
otherwise classified
ed as
as Grade
Grade 27 and higher,
27 and higher, ofofthetheCompensation
Compensation and and Position
Position
Classification
Classi cation ActAct of
of 1989
1989 (R.A.
(R.A. 6758),
6758), specifically
speci cally including:
including:
•●Provincial
Provincial governors,
governors, vice-governors,
vice-governors, members
members of sangguniang
thesangguniang
of the
panlalawigan, and
panlalawigan, provincial treasurers,
and provincial treasurers, assessors,
assessors, engineers,
engineers, and and other
provincial
provincial department heads
department heads
•●City City mayors,
mayors, vice-mayors,members
vice-mayors, members ofofthe sangguniang panlungsod,
thesangguniang panlungsod, citycity
treasurers, assessors,
treasurers, assessors, engineers,
engineers, andand other
other city
city department
department heads
heads
● Officials
• Of cialsofofthe
thediplomatic
diplomaticservice
serviceoccupying
occupyingthe the position
position ofof consul
consul and higher
and higher
Philippine
Philippine army
army and
and air
air force
force colonels,
colonels, naval
naval captains,
captains, and
and all
all officers
of cers of higher
of higher
rank;
rank;
•●Of Officers
cers of ofthethe PhilippineNational
Philippine NationalPolice
Police while
while occupying
occupying the the position
position of
provincial director
provincial director and
and those
those holding
holding the rankrank ofof senior
senior superintendent
superintendent and and
higher
higher
•●CityCity
andand provincial
provincial prosecutors
prosecutors andtheir
and theirassistants,
assistants,and
andofofficials and prosecutors
cials and prosecutors
ininthe
theOfOffice
ce ofofthe
theOmbudsman
Ombudsman and and special
special prosecutor;
prosecutor;
•●Presidents,
Presidents,directors
directors orortrustees,
trustees, orormanagers
managers ofofgovernment-owned
government-owned or
controlled corporations,
controlled corporations, state universities or
state universities educational institutions
or educational institutions or
foundations
foundations
2. Members
2. MembersofofCongress
Congressand andofofficials thereofclassi
cials thereof classified
ed asasGrade
Grade 2727 and
and upup under
under R.A.
R.A. 6758
6758
3. Members
3. Membersofofthe theJudiciary
Judiciarywithout
withoutprejudice
prejudice to
tothe
theprovisions
provisions of thethe Constitution
Constitution
4. Chairmen
4. Chairmenand andMembers
Members of of the
theConstitutional
Constitutional Commissions
Commissions without
without prejudice
prejudice to to the
the
provisions
provisions of of the Constitution
the Constitution

88
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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW

5. AllAllother
5. other nationaland
national andlocal
localofofficials classified
cials classi ed asasGrade
Grade 27 27 and
and higher
higher under
under R.A.
R.A. 6758
Note:Exclusive
Note: Exclusive original
original jurisdiction
jurisdictionshall
shall be
be vested
vested in
in the
the proper
proper RTC
RTC or
or MTC
MTC where
where none
none
of the accused
of the accused are
are occupying
occupying positions
positions corresponding
corresponding to to Salary
Salary Grade
Grade2727or
or higher, or
higher, or
military and
military and PNP
PNP ofofficers mentioned above
cers mentioned above [Sec.
[Sec. 4,
4, P.D. 1606, as amended
P.D. 1606, amended by R.A.
by R.A.
10660].
10660].

d. Other
d. Other offenses
offenses oror felonies
felonies whether
whether simpleororcomplexed
simple complexed with other
other crimes
crimescommitted
committed by
by
thepublic
the publicofofficials
cials andand employeesmentioned
employees mentionedininsubsection
subsection a.
a. of
of section
section 4 (as amended)
amended) in
in
relation to their office
relation of ce

e. Civil
e. Civiland
and criminal
criminal cases
casesfiled
ledpursuant
pursuant to
to and in connection with
withE.O.
E.O. Nos. 1, 2, 14 and
14-A
14-A

f.f.Petitions
Petitionsforfor mandamus,prohibition,
mandamus, prohibition,certiorari, habeas corpus,
certiorari, habeas corpus,injunctions,
injunctions,andandother
otherancillary
ancillary
writsand
writs andprocesses
processes in
in aid
aid of
of its
its appellate
appellate jurisdiction,
jurisdiction, and
and petitions
petitions of
of similar
similar nature,
nature, including
including
quo warranto
quo warranto, , arising
arising or or
that
thatmay mayarise
ariseinincases
casesfiled ledororwhich
which maymay be be filed
led under
ExecutiveOrder
Executive OrderNos.
Nos.1,1,2,2,1414andand 14-A,
14-A, issued
issued in in 1986[Sec.
1986 [Sec.4,4,P.D.
P.D.1606,
1606,asas amended
amended by
R.A. 10660]
R.A. 10660]

CONCURRENT ORIGINAL
CONCURRENT ORIGINAL JURISDICTION
JURISDICTION

WithSC,
With SC,CA,
CA, and
andRTCRTCfor
forpetitions
petitions for
forwrits amparo [Sec.
writsofofamparo [Sec. 3,
3, Rule
Rule on
on the
the Writ
Writ of
of Amparo]
Amparo] and
and
habeas data
habeas data [Sec.
[Sec. 3,
3, Rule
Rule on
on the
the Writ
Writ of
of Habeas
Habeas Data].
Data].

c. COURT
c. COURTOF
OFTAX
TAXAPPEALS
APPEALS
EXCLUSIVE ORIGINAL
EXCLUSIVE ORIGINAL JURISDICTION

1. Over
1. Overtax
taxcollection
collectioncases
casesinvolving
involving nal
finaland
andexecutory
executoryassessments
assessments for
for taxes,
taxes, fees,
fees, charges,
charges, and
and
penalties; Provided,
penalties; Provided, however,
however, that
that collection
collection cases
cases where
where the
the principal
principal amount
amount of of taxes
taxes and
and fees.
fees.
exclusive of
exclusive charges and
of charges and penalties
penalties claimed,
claimed, isis less
less than
than P1,000,000
P1,000,000shall
shallbe
betried
tried by
by the
the proper
proper
Municipal Trial
Municipal Trial Court
Court Metropolitan
Metropolitan Trial
Trial Court,
Court, and
and Regional
Regional Trial
Trial Court.
Court. [Sec.
[Sec. 7(b)(2)(c),
7(b)(2)(C), RARA1125
1125
as amended]
as amended]

C. SECOND-LEVEL
C. SECOND-LEVEL COURTS
COURTS
a. REGIONAL
a. REGIONALTRIAL
TRIALCOURT
COURT
Pre-RA 11576
Pre-RA RA 11576
RA 11576 &
& A.M.
A.M. No. 08-8-7-SC

EXCLUSIVE ORIGINAL
EXCLUSIVE ORIGINAL JURISDICTION

All civil
All civil actions
actions in
in which
which the
the subject
subject of
of the litigation is
the litigation is incapable
incapable of
of pecuniary
pecuniary estimation
estimation [Sec.
[Sec.19(1),
19(1), B.P.
B.P.
129, as
129, as amended
amended byby R.A.
R.A. 7691].
7691].

Civil actions
Civil actionsinvolving
involvingtitle
titleto,
to,or
orpossession
possessionof Civil actions
of Civil actions involving
involvingtitle
titleto,
to, or
or possession
possession of
of

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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW

real property,
real property,ororany
anyinterest
interesttherein,
therein, where
where real
realproperty,
property,ororany
anyinterest
interesttherein,
therein, where
where
assessed value
assessed value exceeds
exceedsP20,000 outside Metro
P20,000 outside Metro assessed
assessed value
value exceeds
exceeds P400,000
P400,000 [Sec.
[Sec. 19(2),
19(2),
Manila, or
Manila, or exceeds
exceedsP50,000 in Metro
P50,000 in Metro Manila
Manila [Sec. B.P.129,
[Sec. B.P. 129,as
as amended
amended by
by R.A.
R.A.11576].
11576].
19(2), B.P.
19(2), B.P. 129,
129, as
as amended
amended by
by R.A.
R.A. 7691].
7691].

Exception:Forcible
Exception: Forcibleentry
entryand
andunlawful
unlawfuldetainer
detainer(FEUD)
(FEUD)cases,
cases,as
as FEUD
FEUD cases
cases are
are within
within the exclusive
the exclusive
original jurisdiction
original jurisdiction of
of the
the MTC
MTC [Sec.
[Sec. 33(2),
33(2), B.P.
B.P. 129,
129, as
as amended
amended by by R.A.
R.A. 7691].
7691].

Any action
Any action ifif the
theamount
amountinvolved
involved exceeds
exceedsIf the
If the amountinvolved
amount involvedexceeds
exceeds P2,000,000 in the
P2,000,000 in the
P300,000 outside
P300,000 outside Metro
Metro Manila
Manila or
or exceeds
exceeds following
following cases:
cases:
P400,000ininMetro
P400,000 MetroManila
Manila in
in the
the following
following cases
cases Damages (apply
1. Damages (apply totality rule)
rule)
[B.P. 129,
[B.P. 129, as
as amended
amended by
by RA
RA 7691]:
7691]: 2. Collection of sum of money, exclusive of
1.
1. Actions
Actions in
in admiralty
admiralty and
and maritime
maritime
2. Collection of sum and
damages claimed
damages
of money,
claimed and
exclusive of
interests
interests
jurisdiction, where
jurisdiction, where the amount refers
the amount refers to
to 3.Admiralty
3. Admiraltyand
andmaritime
maritime cases
cases
demand
demand or or claim
claim [Sec.
[Sec. 19(3)]
19(3)] 4. Matters
4. Mattersof
of Probate
Probate
2. Matters
2. Matters ofofprobate
probate (testate
(testate or
or intestate),
intestate), 5. Other
5. Otheractions
actionsinvolving
involving property
property [B.P.
[B.P. 129,
129,
where the gross value of
the amount refers to gross of as amended
as amended byby R.A.
R.A.11576]
11576]
estate
estate [Sec.
[Sec. 19(4)]
19(4)]
3. InInallallother
othercases
caseswhere
where the
the amount
amount refers
refers
to the
to thedemand,
demand, exclusive
exclusive ofof interest,
interest,
damages of
damages of whatever
whatever kind,
kind, attorney’s
attorney's fees,
fees,
litigation expenses,
litigation expenses, and
and costs
costs [Sec.
[Sec.19(8)].
19(8)].

All cases,
All cases, the
the jurisdiction
jurisdictionover
overwhich
whichisisnot
notspecifically provided for
speci cally provided for by
by law
law to be within the jurisdiction
of any
of any other court [general jurisdiction
[general jurisdiction of the
of the RTC]
RTC] [ConcordeCondominium,
[Concorde Condominium,Inc. Inc.v.v.Baculio,
Baculio, G.R.
G.R. No.
No.
203678 (2016)]
203678 (2016)]. .

All actions
All actions involving
involvingthe
thecontract
contract ofof marriage andfamily
marriage and familyrelations
relations [Sec.
[Sec. 19(5),B.P.
19(5), B.P.129,
129,as asamended
amended
by R.A.
by R.A. 7691],
7691], and
and all
all civil
civil actions
actions and
and special
special proceedings
proceedings falling
falling within
within exclusive
exclusive original
original jurisdiction
jurisdiction of
of
Juvenile and
Juvenile and Domestic
Domestic Relations
Relations Court
Court [Sec.
[Sec. 19(7),
19(7), B.P.
B.P. 129,
129, as
as amended
amended by by R.A.
R.A. 7691].
7691].

Note: This
Note: This jurisdiction
jurisdiction isis deemed
deemed modi
modified by Sec.
ed by Sec. 5,
5, R.A.
R.A. 8369,
8369, the
the law
law establishing
establishing the
the Family
Family Courts.
Courts.
However, in areas
However, areas where
where there areare no
no Family
Family Courts,
Courts, the
the cases
cases within their
their jurisdiction
jurisdiction shall
shall be
be
adjudicated by
adjudicated by the
the RTC
RTC [Sec.
[Sec. 17, R.A. 8369;
17, R.A. 8369; 1 Riano 147,
1 Riano 147, 2014
2014 Bantam
Bantam Ed.].
Ed.].

All civil
All civil actions
actionsand
andspecial
specialproceedings
proceedingsfalling within
falling exclusive
within original
exclusive jurisdiction
original jurisdictionofofthe
theCourt
Court of
of
AgrarianReform
Agrarian Reform[Sec.
[Sec.19(7),
19(7),B.P.
B.P.129,
129,asasamended
amended by by R.A.
R.A. 7691].
7691].

Intra-corporate controversies
Intra-corporate controversies
1. Cases
1. Casesinvolving
involvingdevises
devises or
or schemes
schemes employed
employed by any acts,
by or any acts, of
of board
board of
ofdirectors,
directors, business
business
associates, its
associates, its officers
of cers or
or partnership,
partnership, amounting
amounting to fraud and
to fraud and misrepresentation
misrepresentation which
which may
may be
be
interest of
detrimental to interest of public
public and/or
and/or ofofstockholders,
stockholders, partners,
partners, members
members of of associations
associations or
organizations registered with
organizations registered withSEC.
SEC.
2. Controversies
2. Controversies arising
arising out
out ofofintra-corporate
intra-corporate ororpartnership
partnership relations,
relations, between
between and
and among
among
stockholders, members
stockholders, members or or associates;
associates; between
between anyany or
or all
all of them and
of them and corporation,
corporation, partnership
partnership
or association
or association of which they
of which they are
are stockholders,
stockholders, members
members or associates, respectively;
or associates, respectively; and
and between
between

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GENERAL PRINCIPLES
PRINCIPLES REMEDIAL LAW

such corporation,
such corporation, partnership
partnership or or association
association and
and the
the state insofar as
state insofar as itit concerns
concerns their
their individual
individual
franchise or
franchise or right to exist
right to exist as
as such
suchentity.
entity.
3. Controversies
3. Controversies ininelection
election ororappointments
appointments of of directors,
directors, trustees,
trustees, of
officers
cers or or managers
managers of such
of such
corporations, partnerships
corporations, partnerships or or associations.
associations.
4. Petitions
4. Petitionsofofcorporations,
corporations,partnerships
partnershipsor orassociations
associations to
to bebe declared
declared in state of
in state of suspension
suspension of of
payments in
payments in cases
cases where
where corporation,
corporation, partnership
partnership of of association
association possesses
possessessufficient
suf cient property
property toto
cover all
cover all its
its debts
debts butbut foresees
foresees impossibility
impossibility of
of meeting
meeting them when they
them when they respectively
respectively fall
fall due
due or
or
inin cases
cases wherewhere corporation,
corporation, partnership
partnership or association
association hashas no
no sufficient
suf cient assets
assets to
to cover
cover its
its
liabilities, but
liabilities, but isis under
under management
management of of aa Rehabilitation
Rehabilitation Receiver
Receiver oror Management
Management Committee.
Committee.
[Sec. 5.2,
[Sec. 5.2, Securities
Securities Regulation
Regulation Code]
Code]

Petitions for
Petitions fordeclaratory relief[Sec.
declaratory relief [Sec. 1,
1, Rule
Rule 63]

Cases
Casesoriginally
originallyfalling
fallingwithin
withinthe
the exclusive
exclusiveoriginal
originaljurisdiction
jurisdictionofofthe
theSandiganbayan
Sandiganbayan wherewhere the
information:
information:
1. Does
1. Doesnot
notallege
allegeany
anydamage
damage toto the
the government
government or or any
any bribery;
bribery; or
or
2. Alleges damage to the government or bribery arising
2. Alleges damage to the government or bribery arising from the from the same
same oror closely
closely related
related
transactions or
transactions acts in
or acts an amount
in an amount notnot exceeding
exceeding P1 P1 million
million [Sec.
[Sec. 4,
4, P.D.
P.D. 1606,
1606, as
as amended
amended by by
R.A. 10660].
R.A. 10660].

CONCURRENT ORIGINAL
CONCURRENT ORIGINALJURISDICTION
JURISDICTION

With SC SC
a. Cases
a. Casesaffecting
affectingambassadors,
ambassadors, public
public ministers,
ministers, and
and consuls
consuls [Sec.
[Sec. 21(2),
21(2), B.P.
B.P. 129]
129]
b. Petitions
b. Petitions for certiorari,prohibition,
forcertiorari, prohibition, and mandamus against
and mandamus against lower
lower courts
courts [1 Riano
Riano 93, 2016
93, 2016
Bantam Ed.]
Bantam Ed.]
QuoWarranto
c. Quo
c. Warranto petitions,
petitions,
d. Writ
d. Habeas Corpus,
WritofofHabeas Corpus,
e. Writ
e. Amparo, and
WritofofAmparo, and
f.f. Writ
Writ Habeas Data
ofofHabeas Data

With
With SCSC and
and CACA
a. Petitions
a. Petitionsfor certiorariprohibition
forcertiorari, , prohibitionand mandamusagainst
andmandamus against lower
lower courts
courts and
and bodies
bodies
Quowarranto
b. Quo
b. warrantopetitions,
petitions, and
c. Writ
c. Writofof HabeasCorpus
Habeas Corpus [1 [1Riano
Riano 96,
96, 2016
2016 Bantam
Bantam Ed.]
Ed.]
d.Writ
Writof of Amparoand
Amparo, , and[Sec.
[Sec.3,3,Rule
Rule on the Writ
Writ of
of Amparo]
Amparo]
e. Writ
e. Writofof HabeasData
Habeas Data[Sec.
[Sec.3,3,Rule
Rule on
on the
the Writ
Writ of
of Habeas
Habeas Data]
Data]
f.f.Writ
Writ
of of continuing
continuing mandamuson
mandamus onenvironmental
environmental cases
cases

With SC, CA,


With SC, CA,Sandiganbayan
Sandiganbayan
a. Writ
a. Amparo, and
WritofofAmparo, and
b. Writ
b. Habeas Data
WritofofHabeas Data
With theInsurance
With the InsuranceCommissioner.
CommissionerClaims
: Claimsnot
notexceeding
exceeding P100,000
P100,000

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REMEDIAL

RTC SITTING
b. RTC SITTINGAS FAMILYCOURTS
AS FAMILY COURTS
EXCLUSIVE ORIGINAL
EXCLUSIVE ORIGINAL JURISDICTION
JURISDICTION

a.a. Criminal
Criminalcases
caseswhere
whereoneoneor ormore
moreaccused
accused is below 18 but not not less
less than 9 years
years old
old or where
or where
one or
one or more
more victims
victims was
was aa minor
minor at time of
at time of commission
commission of of offense,
offense,
b. Petitions
b. Petitionsfor
forguardianship,
guardianship,custody
custodyofofchildren
childrenand
and habeas
habeas corpus
corpus in in relation
relation to
to children,
children,
c. Petitions
Petitionsfor
foradoption
adoptionofofchildren
childrenandand revocation
revocation thereof,
thereof,
d. Complaints
d. Complaintsfor forannulment
annulment of ofmarriage,
marriage, declaration
declaration ofof nullity
nullity of
of marriage
marriage andand those
those relating
relating to
to
status and
status and property relations of
property relations of husband
husband andand wife
wife or
or those
those living
living together
together under
under different
different status
status
and agreements,
and agreements, and and petitions
petitions for dissolution of
for dissolution of conjugal
conjugal partnership
partnership of gains,
of gains,
e. Petitions
e. Petitionsfor
forsupport
supportand/or
and/oracknowledgment,
acknowledgment,
f.f.Summary
Summary judicial
judicial proceedingsbrought
proceedings broughtunder
underthetheprovisions
provisions of of Family
Family Code,
Code,
g. Petitions for declaration of status of children as abandoned, dependent or neglected children,
g. Petitions for declaration of status of children as abandoned, dependent or neglected children,
voluntary or
voluntary or involuntary
involuntary commitment
commitment of of children,
children, suspension,
suspension, termination
termination or restoration of
or restoration of
parental authority,
parental authority,andandother
othercases
cases cognizable
cognizable under
under P.D.
P.D. 603,
603, E.O.
E.O. 56,
56, s.
s. 1986,
1986, and
and other
other related
related
laws,
laws,
h. Petitions
h. Petitionsfor
forconstitution
constitution ofof family
family home,
i. Cases against minors cognizable
i. Cases against minors cognizable under underDangerous
DangerousDrugs
DrugsAct,Act, as
as amended,
amended, (now
(now R.A.
R.A. 9165)
9165)
j.j.Violations
Violationsof of R.A.
R.A. 7610,
7610, or or
thethe “SpecialProtection
"Special ProtectionofofChildren
ChildrenAgainst
AgainstChild
ChildAbuse,
Abuse, Exploitation
Exploitation
and Discrimination
and Discrimination Act",
Act”, and
and
k. Cases
k. Casesofofdomestic
domesticviolence
violenceagainst
against Women
Women and and Children
Children [Sec.
[Sec. 5,5, R.A.
R.A. 8369].
8369].

c. RTC
c. RTCSITTING
SITTINGAS SPECIALCOMMERCIAL
ASSPECIAL COMMERCIAL COURTS
COURTS
EXCLUSIVE ORIGINAL
EXCLUSIVE ORIGINAL JURISDICTION
JURISDICTION

a. Intra-corporate
a. Intra-corporatecases casesand andother
othercases
casesenumerated
enumerated under under Sec.Sec. 5,5, PD
PD 902-A, as amended,
amended, that that
were formerly
were formerlycognizable
cognizable by by the
theSecurities
Securities and
and Exchange
Exchange Commission;
Commission;
b. Intellectual
b. Intellectual PropertyCases,
Property Cases,which
whichinclude
includeallallcivil
civil and
and criminal
criminal actions
actions for violations of
for violations of intellectual
intellectual
property rights
property rights provided
provided for for in
in the
the Intellectual
Intellectual Property
Property CodeCode of of the
the Philippines
Philippines (RA
(RA 8293),
8293), as as
amended,
amended, and and other laws;
other laws;
c. Writs
c. Writsofof searchand
search andseizure
seizureinincivil
civilactions
actionsinvolving
involvingintellectual
intellectual property
property rights
rights covered
covered by by Sec.
Sec.
1, Rule
1, Rule 2,
2, A.M.
A.M. No.
No. 10-3-10-SC
10-3-10-SC dateddated 6 October 2020,
6 October and search
2020, and search warrants
warrants involving
involving violations
violations
of intellectual
of intellectual property
property rights
rightscovered
covered by by Sec.
Sec. 1,1, Rule
Rule 10,
10, A.M.
A.M. No.
No. 10-3-10-SC
10-3-10-SC dated
dated 6 6 October
October
2020;
2020;
d. Rehabilitation,
d. Rehabilitation,insolvency,
insolvency,and andliquidation
liquidationcases
casesunder
underthe theFinancial
Financial Rehabilitation
Rehabilitation and
and Insolvency
Insolvency
Act of
Act 2010 (RA
of 2010 (RA 10142);
10142);
e. Liquidation
e. Liquidationcases
casesemanating
emanatingfrom fromadministrative
administrative proceedings
proceedings and and expiration
expiration of corporate terms
of corporate terms
and
and court assisted liquidation
court assisted under special
liquidation under special laws;
laws;
f. Dissolution
f. Dissolution and
and liquidation
liquidationofofpartnerships
partnershipsunderunderArticles
Articles 1830
1830 and
and 1831
1831 of the Civil
of the Civil Code;
Code;
g. Cybercrime
g. Cybercrimecasescasesinvolving
involvingSecs.
Secs. 44 and
and 5,5, Chapter
Chapter II II of
ofthetheCybercrime
Cybercrime Prevention
Prevention Act Act of
of 2012
2012
(RA 10175);
(RA
h. Cybercrime
h. Cybercrimewarrants
warrants involving
involving Secs.
Secs. 4 and 5, Chapter
Chapter II of the
II of theCybercrime
Cybercrime Prevention
Prevention Act Act of
of
2012
2012 (RA(RA 10175);
10175);

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REMEDIAL LAW

i.i. Competition
Competitioncases,
cases,which
whichinclude
includeviolations
violationsof
ofthe
thePhilippine
Philippine Competition
Competition Act
Act (RA
(RA 10667) and
and
other competition related
other competition related laws;
laws;
j.j. Inspection
Inspectionorders
ordersforforadministrative
administrativeinvestigations
investigations of of alleged
alleged violations
violations of
of the
the Philippine
Philippine
Competition Act
Competition Act (RA
(RA 10667),
10667), itsits implementing
implementing rules rules and
and regulations,
regulations, and and other
other competition
competition laws;
laws;
k. Anti-money
k. Anti-money launderingcases,
laundering cases,which
whichinclude
includeviolations
violations of of the
theAnti-Money
Anti-Money Laundering
Laundering Act
Act of 2001
of 2001
(RA 9160),
(RA 9160), as amended;
amended;
l. Petitions
I. Petitions for civil
civil forfeiture
forfeiture andand asset
asset preservation
preservation of monetarymonetary instruments,
instruments, property,
property, oror
proceeds representing,
proceeds representing, involving,
involving, or or relating
relating toto an
an unlawful
unlawful activity or money
activity or money laundering
laundering offense
offense
A.M. No.
under A.M. No. 05-11-04-SC,
05-11-04-SC, and asset preservation,
preservation, seizure,
seizure, andand forfeiture criminal cases
forfeiture in criminal cases
A.M. No. 21-03-13-SC;
under A.M. 21-03-13-SC;
m. Cases
m. Casesinvolving
involvingviolations
violationsof ofthe
theAccess
Access Devices
Devices Regulation
Regulation Act Act of
of 1998
1998 (RA
(RA 8484),
8484), as
as amended;
amended;
n. Cases
n. Casesinvolving
involvingviolations
violationsofofThe TheSecurities
Securities Regulation
Regulation Code Code (RA (RA 8799);
8799);
o. Cases
o. Casesinvolving
involvingviolations
violationsof ofthe
theConsumer
Consumer Act Act ofof the
the Philippines
Philippines (RA(RA 7394);
7394);
p. Cases
p. Casesinvolving
involvingviolations
violations of of the
the Price
Price Act (RA
(RA 7581);
7581);
q. Cases
4. Casesinvolving
involvingviolations
violationsofofthe theFood,
Food,Drug,
Drug,and andCosmetic
Cosmetic Act Act (RA
(RA 3720),
3720), as
as amended;
amended;
r.r. Cases
Casesinvolving
involvingletters
lettersofofcredit
credit(Code
(Code of of Commerce);
Commerce);
s. Cases
5. Casesinvolving
involvingtrust
trustreceipts
receipts (Trust
(Trust Receipts
Receipts Law Law [PD[PD115]);
115]);
t.t. Cases
Casesinvolving
involvingwarehouse
warehousereceipts
receipts(Warehouse
(Warehouse Receipts
Receipts Act Act [Act
[Act No.
No. 2137]);
2137]);
u. Cases
u. Cases involving
involving banking
banking and and bank
bank secrecy
secrecy laws
laws (The
(The NewNew Central
Central Bank
Bank Act
Act [RA 7653], as
[RA 7653],
amended, The
amended, The General
General Banking
Banking Law Law of of 2000
2000 [RA 8791], Lending
[RA 8791], Lending Company
Company Regulation
Regulation ActAct of
of
2007 [RA 9474],
2007 9474], as as amended,
amended, Philippine
Philippine Deposit
Deposit Insurance
Insurance Corporation
CorporationAct Act [RA
[RA 3591],
3591], as
amended, the
amended, Act Prohibiting
the Act Prohibiting Disclosure
Disclosure of of or
or Inquiry
Inquiry into, Deposits with
into, Deposits with any
any Banking
Banking Institution
Institution
and Providing
and Providing Penalty
Penalty therefor
therefor [RA[RA 1405],
1405], asas amended,
amended, and and Foreign
Foreign Currency
Currency Deposit
Deposit Act
Act of
of the
the
Philippines [RA
Philippines [RA 6426],
6426], as as amended);
amended);
v. Violations
v. ViolationsofofthetheTruth
TruthininLending
Lending Act Act (RA
(RA 3765);
3765);
w. Cases
w. Casesinvolving
involvingforeign
foreigninvestments,
investments,including
including violations
violations of of the
the Foreign
Foreign Investments
Investments ActAct of
of 1991
1991
(RA 7042);
(RA 7042);
x. Violations
x. ViolationsofofthetheElectronic
ElectronicCommerce
Commerce Act Act (RA
(RA 8792);
8792); andand
y.y.Violations
ViolationsofofthetheData
DataPrivacy
Privacy ActAct (RA
(RA 10173).
10173).

Note: The
Note: The effect
effect of
of A.M.
A.M. No.
No. 03-03-03
03-03-03 (November
(November 9, 2021) is
9, 2021) is prospective
prospective in
in effect.
effect.
•●AnyAny
case case
notnot falling
falling under
under those
those mentioned
mentioned here
here remainspending
remains pendingwith
withthe
theSpecial
Special Commercial
Commercial
Courts prior
Courts priortotothe
theeffectivity
effectivityofofthis
thisResolution
Resolution shall continue
shall continuetotoremain
remainwith
withsuch
such courts
courts
for their
for their proper
proper action.
•●AnyAny
casecase falling
falling under
under thethe immediatelypreceding
immediately precedingparagraph
paragraph that
that remains
remains pending
pending with
with the
the
regular courts
regular courts prior
priortoto the
the effectivity
effectivityofofthis
thisResolution
Resolution shall continue
shall continuetotoremain
remainwith
with such
regular courtsfor
regular courts fortheir
theirproper
properaction.
action.

FIRST-LEVEL COURTS
D. FIRST-LEVEL COURTS
a. MUNICIPAL
a. TRIAL COURT,
MUNICIPAL TRIAL COURT, METROPOLITAN
METROPOLITAN TRIAL
TRIAL COURT,
COURT, MUNICIPAL
MUNICIPAL
CIRCUIT TRIAL
TRIALCOURT
COURT
Pre-RA 11576
Pre-RA 11576 RA 11576
RA 11576&&A.M.
A.M. No.
No. 08-8-7-SC
08-8-7-SC

EXCLUSIVE ORIGINAL
EXCLUSIVE ORIGINAL JURISDICTION
JURISDICTION

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GENERAL PRINCIPLES REMEDIAL LAW

Where the value


Where value of personal
personal property,
property, estate, or IfIf the
estate, or theamount
amount involved
involved does
does notnot exceed
exceed
amount of demand does not exceed P300,000 P2,000,000 P2,000,000ininthe thefollowing
following cases:
cases:
amount of demand does not exceed P300,000
outside Metro
outside Manila or
Metro Manila does not
or does not exceed
exceed 1. Actions
1. Actionsinvolving
involvingpersonal
personal property
property
P400,000 ininMetro
P400,000 MetroManila,
Manila, exclusive
exclusive of interest,
interest, 2. Probate
2. ProbateProceeding
Proceeding based
based on gross
gross value
value
damages of
damages whatever kind,
of whatever kind, attorney's
attorney’s fees,
fees, of the
of the estate
estate
litigation expenses,
litigation expenses, and
and costs,
costs, in the following
in the following 3. Admiralty
3. Admiraltyandandmaritime
maritime cases
cases
cases:
cases: 4. Demand
4. Demandfor forcollection
collection of
of money,
money, exclusive
exclusive
1. Civil actions, of damages
of damages claimed
claimed and
and interests.
interests.
1. Civil actions,
2. Probate
2. Probateproceedings,
proceedings, (testate
(testate or intestate)
intestate) 5. damages
5. damages
3. Provisional
3. Provisionalremedies
remedies in
in proper
proper cases.
cases.
[Sec. 33(1),
[Sec. 33(1), B.P.
B.P. 129,
129, as
as amended
amended by by R.A.
R.A.11576]
11576]
[Sec. 33(1),
[Sec. 33(1), B.P.
B.P. 129,
129, as
as amended
amended by
by R.A.
R.A. 7691]
7691]

Forcible entry
Forcible entry and
and unlawful
unlawful detainer
detainer cases.
cases. Where
Where Forcible
Forcible entry
entry and
and unlawful
unlawful detainer
detainer cases.
cases. Where
Where
attorney’s fees
attorney's fees are awarded, the
are awarded, the same
same shall
shall not attorney’sfees
notattorney's fees are
are awarded,
awarded, the
the same
same shall
shall not
exceed P20,000.
exceed P20,000. exceed P100,000.
exceed P100,000.

All civil
All civil actions
actions involving
involving title to, or
title to, or possession
possession of, All civil
of, All civil actions
actions involving
involving title
title to,
to, or
or possession
possession of,
of,
real property,
real property, or
or any
any interest
interest therein
therein where
where real
real property,
property, or
orany
anyinterest
interest therein
therein where
where
assessed value
assessed value of
of property
property or
or interest
interest therein
therein does
does assessed value
assessed value of
of property
property oror interest therein does
interest therein does
not exceed
not exceed P20,000
P20,000 outside
outside Metro
Metro Manila,
Manila, or
or does
does not exceed
not exceed P400,000
P400,000 exclusive
exclusive on on interest,
interest,
exceed P50,000
not exceed P50,000 in
in Metro Manila [Sec.
Metro Manila [Sec. 33(3),
33(3), damages of
damages whatever kind,
of whatever kind, attorney's
attorney’s fees,
fees,
B.P. 129,
B.P. 129, as
as amended
amended byby R.A.
R.A. 7691].
7691]. litigation expenses
litigation expenses and costs: Provided,
and costs: Provided, that
that in
cases of
cases land not declared
of land declared for taxation purposes,
for taxation purposes,
the value
the value ofof such
such property
property shall
shall be
be determined
determined by by
the assessed
the assessed value
value of
of the
the adjacent
adjacent lots
lots [Sec.
[Sec.33(3),
33(3),
B.P. 129,
B.P. 129, asas amended
amended by by R.A.
R.A. 11576].
11576].

Those governed
Those governed by the Rules
by the Rules on
onExpedited
Expedited
Procedures in
Procedures in the
the First
First Level
Level Courts.
Courts.

Inclusionand
Inclusion andexclusion
exclusion of
of voters
voters [Sec.
[Sec. 49,
49, Omnibus
Omnibus
Election Code].
Election Code].

Note
Note.: Forcible entry and unlawful detainer (FEUD)
unlawful detainer (FEUD)
When the
When the defendant
defendant raises
raises questions
questions of ownership in
of ownership in his
his pleadings
pleadings and the question
and the question of
of possession
possession cannot
cannot
be resolved
be resolved without deciding the
without deciding the issue
issue of ownership, the
of ownership, the latter
latter issue
issue shall
shall be
be resolved
resolved only
only to determine
to determine
the former
the former issue
issue [Sec.
[Sec. 33(2), B.P. 129,
33(2), B.P. 129, as
as amended
amended byby R.A.
R.A.7691]
7691]
INHERENTPOWERS
E. INHERENT
E. POWERS AND
AND MEANS
MEANS TO CARRY
CARRY JURISDICTION
JURISDICTION
Every
Every court
court shall
shall have
have power:
power:
(a)To
(a) Topreserve
preserveandandenforce
enforce order
order inin its
its immediate
immediate presence;
presence;
(b) To
(b) Toenforce
enforceorder
orderininproceedings
proceedingsbefore
before it,
it,or
orbefore
beforeaaperson
person or
orpersons
persons empowered
empowered to to conduct
conduct a
a
judicial investigation
judicial investigationunder
underitsitsauthority;
authority;
(c) To
(c) Tocompel
compelobedience
obedience to toits
itsjudgments,
judgments,ordersorders and
and processes,
processes, and
and to
to the lawful orders
the lawful orders of a judge
of a judge
out of
out of court,
court, in
in aa case
case pending
pending therein;
therein;

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GENERAL PRINCIPLES REMEDIAL LAW

(d)To
(d) Tocontrol,
control,ininfurtherance
furtheranceofofjustice,
justice,the
theconduct
conductof ofits
itsministerial
ministerial of
officers, and of
cers, and of all
all other
other persons
persons
in any
in any manner
manner connected
connected with
with aa case
case before
before it,
it, in
in every
every manner
manner appertaining
appertaining thereto;
thereto;
(e)To
(e) Tocompel
compelthe theattendance
attendance of of persons
persons toto testify
testify in
in aa case
case pending
pendingtherein;
therein;
(f)ToTo
(f) administerororcause
administer causetotobebeadministered
administeredoaths
oathsininaacase case pending
pending therein,
therein, and
and in
in all
all other
other cases
cases
where it may
where may be necessary
necessary in in the
the exercise
exerciseofofits
itspowers;
powers;
(g) To
(g) Toamend
amendand andcontrol
controlits
itsprocess
process andand orders
orders so
so asas to
to make
make themthem conformable
conformable to law and
to law and justice;
justice;
(h)To
(h) Toauthorize
authorizeaacopycopyof ofaalost
lostorordestroyed
destroyed pleading
pleading or or other
other paper
paper to
to be
be filed and used
led and used instead
instead of
of
the original,
the original, and
and toto restore,
restore, and
andsupply
supply de
deficiencies
ciencies in in its
its records
records and
and proceedings.
proceedings. [Sec.
[Sec. 5, Rule
5, Rule
135]
135]

Means to
Means to carry
carryjurisdiction
jurisdiction into
into effect
effect
When by
When by law
law jurisdiction
jurisdictionisisconferred
conferredonona acourt oror
court judicial officer,
judicial allall
of cer, auxiliary
auxiliarywrits,
writs, processes and
othermeans
other meansnecessary
necessarytoto carryit itinto
carry intoeffect
effectmay
maybebeemployed
employed by by such
such court
court or
or officer.
of cer.

IfIfthe
theprocedure
procedure totobe
be followed
followed inin the
theexercise
exercise of
of such
such jurisdiction
jurisdiction is
is not
not speci
specifically
cally pointed
pointed out
out by
by law
law or
or
by these
by these rules,
rules, any
any suitable process or mode
suitable process mode ofofproceeding
proceedingmay maybe beadopted
adoptedwhich
whichappears
appears
comfortable to
comfortable to the
the spirit
spirit of
of the
the said
said law
law or
or rules
rules [Sec. 6, Rule
Rule 135]
135]

IV. DOCTRINE
IV. DOCTRINE OF
OF ADHERENCE
ADHERENCE TO
TO b. totoapprove
b. approvecompromises;
compromises;
JURISDICTION AND
JURISDICTION RESIDUAL
AND RESIDUAL c. totopermit
permitappeals
appealsby
by indigent
indigent litigants; to
order execution pending
order execution pending appeal
appeal in
in
JURISDICTION
accordance with
accordance Section 2,
with Section 2, Rule
Rule 39; and
39; and
d. totoallow
d. allowthe
thewithdrawal
withdrawalof
of the
the appeal,
appeal,
DOCTRINE OF
A. DOCTRINE OF ADHERENCE
ADHERENCE TO
TO
JURISDICTION
JURISDICTION providedthese
provided theseare
are done
done prior
prior to
to the
the transmittal
transmittal
General rule
General rule of the
of the original
original record
record or
or the
the record
record onon appeal,
appeal,
The doctrine
The doctrine of
of adherence
adherence of jurisdiction
jurisdiction means
means even
even ifif the
the appeal
appeal has
has already
already been
been perfected
perfected or
or
that once
that once jurisdiction
jurisdiction is vested, the
is vested, the same
same is despite
despite the approval of
the approval of the
the record
record on
on appeal
appeal or
or in
in
retained up
retained up to
to the
the end
end of
of the
the litigation [Dela Rosa
litigation [Dela Rosa case of a petition for review under Rule 42,
case of a petition for review under Rule 42, beforebefore
v. Roldan,
v. Roldan, G.R.
G.R. No.
No. 133882
133882(2006)]
(2006)].. the CA
the CA gives gives due
due course
course to the the petition.
petition.
[Development Bank
[Development Bank of the Philippines
of the Philippines v. Carpio,
v. Carpio,
Exception G.R. No.
G.R. No. 195450
195450(2017)]
(2017)]..
When the
When change in
the change jurisdiction is
in jurisdiction curative in
is curative
character [Vda.
character [Vda. De
De Ballesteros
Ballesterosv.v. Rural
Rural Bank
Bankof of When available
Canaman,
Canaman, G.R.
G.R.No.
No.176260
176260(2010)]
(2010)].. The "residual
The "residual jurisdiction"
jurisdiction"ofof the
the trial court is
trial court
available atataastage
available stageinin which
which the
the court
court is
B. DOCTRINE
DOCTRINE OF
OF RESIDUAL
RESIDUAL normally deemed
normally deemed toto have
have lost
lost jurisdiction
В. over
over the
the case
case or
or the
the subject
subject matter
matter
JURISDICTION
JURISDICTION
involvedininthe
involved theappeal.
appeal.This
Thisstage
stageisisreached
reached
jurisdictionrefers
Residual jurisdiction refers toto the
the authority
authority ofof
upon the
upon the perfection
perfection of of the
the appeals
appeals byby the parties
the parties
the trial court
the court
or upon
or upon the
the approval
approval of of the
the records
records on
on appeal,
appeal,
a. totoissue
a. issueorders
orders for
forthe
theprotection
protection and
and
but prior
but prior to
to the
the transmittal
transmittal of of the
the original
original records
preservation of
preservation of the
the rights
rights of the parties
parties
or the
or the records
records on on appeal.
appeal. In either
either instance,
instance, the
which do not involve any
which any matter
matter litigated
trial court
trial court still
still retains
retains itsitsso-called
so-called residual
residual
by
by the appeal;
the appeal;
15
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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW
REMEDIAL LAW

jurisdiction to
jurisdiction to issue
issue protective
protective orders,
orders, approve
approve VI. PRIMARY
VI. PRIMARY ADMINISTRATIVE
compromises, permit
compromises, permit appeals
appealsof
ofindigent
indigentlitigants,
litigants, JURISDICTION AND
AND DOCTRINE
DOCTRINE OF
OF
order execution
order execution pending
pending appeal,
appeal, and
and allow
allow the
the
EXHAUSTION
EXHAUSTION OFOFADMINISTRATIVE
ADMINISTRATIVE
withdrawal of
withdrawal of the
the appeal.
appeal.
REMEDIES
REMEDIES
From
From the
the foregoing,
foregoing, itit is
is clear
clear that
that before
before the
the trial
trial General Rule
Rule
court can
court can be
be said
said toto have
have residual
residual jurisdiction
jurisdiction The
The doctrine
doctrine of primary jurisdiction
of primary jurisdiction holds
holds
over a
over a case,
case, aa trial
trial on
on the merits must
the merits must have
have been
been that ifif aacase
that case isissuch
such that
thatitsitsdetermination
determination
conducted; the
conducted; the court
court rendered
rendered judgment;
judgment; andand the
the requires the
requires the expertise,
expertise, specialized
specialized training and
training and
aggrieved
aggrieved party
party appealedappealed therefrom
therefrom knowledge of
knowledge the proper
of the proper administrative
administrative bodies,
bodies,
[Development Bank
[Development Bank of the Philippines
of the Philippines v. Carpio,
v. Carpio, relief must
relief must first be obtained
rst be obtained in
in an
an administrative
administrative
G.R.
G.R. No.
No. 195450
195450(2017)]
(2017)].. proceeding before
proceeding before aa remedy
remedy isis supplied
supplied by
by the
the
courts even
courts even if
if the
the matter
matter may
may well
well be
be within
within their
their
V. JURISDICTION
V. JURISDICTIONVS.
VS.EXERCISE
EXERCISE OF
OF proper jurisdiction
proper [Province of
jurisdiction [Province of Aklan
Aklan v.
v. Jody
Jody King
King
Construction
Construction and and Dev’t
Dev't Corp.,
Corp., G.R.
G.R. No.
No. 197592
197592
(2013)].
(2013)].
Jurisdiction Exercise
Exercise of
of
Jurisdiction
Jurisdiction Exceptions
Exceptions
a. Where
a. Wherethere
there isis estoppel
estoppel on
on the
the part
part of
ItIt isis the
the authority to Where
authority to Where there there is is the party
the party invoking
invoking the the doctrine,
doctrine,
decide aa cause,
decide cause,andand jurisdiction
jurisdiction over the
over the b. Where
b. Wherethe thechallenged
challenged administrative
administrative act act
not
not the
the decision
decision person and
person and the
the subject
subject is patently
is patently illegal,
illegal, amounting
amounting to to lack
lack of
of
rendered therein
rendered therein matter, the
matter, the decision
decision on
on jurisdiction,
jurisdiction,
all other
all other questions
questions c. Where
c. Wherethere thereisisunreasonable
unreasonable delay delay or
arising in
arising the case
in the case isis official
of inaction that
cial inaction that will
will irretrievably
irretrievably
but an
but an exercise
exercise ofof the
the prejudice the
prejudice the complainant,
complainant,
jurisdiction.
jurisdiction. d. Where
d. Wherethe theamount
amountinvolved
involved is is relatively
relatively
small,
small,
Lack of jurisdiction
Lack jurisdiction is The errors
is The errors which
which the
the
e. Where
e. Where the thequestion
question involved
involved is is purely
purely
a ground
a ground for
for aa motion court may
motion court may commit
commit in
in
legal and
legal and will will ultimately
ultimately havehave to be
to be
to quash
to quash [Sec.
[Sec. 3,
3, Rule
Rule the the exercise of
exercise of
decided by the
decided by the courts, courts,
117]
117] jurisdiction are
jurisdiction are merely
merely
f.f.Where
Wherejudicial
judicialintervention
intervention is urgent,
urgent,
errors of
errors of judgment
judgment
g. When its application
g. When its application may cause greatmay cause great
which are
which are the
the proper
proper
andirreparable
and irreparable damage,damage,
subject of
subject of an
an appeal.
appeal.
h. Where
h. Wherethe thecontroverted
controverted acts acts violate
violate due
due
process,
process,
[Republic v.
[Republic v. G
G Holdings,
Holdings, Inc,
Inc, G.R.
G.R. No.
No. 141241
141241 i. Whenthe theissueissueofofnon-exhaustion
non-exhaustion of
i. When of
(2005)].
(2005)]. administrative remedies
administrative remedies has has been been
rendered moot,
rendered moot,
j.WhenWhentherethereisisno noother
otherplain,
plain, speedy,
speedy,
adequate remedy,
adequate remedy,
k. When
k. Whenstrong
strongpublicpublic interest
interest is is involved,
involved,
and
and

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GENERAL PRINCIPLES
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REMEDIAL LAW

I.l. In In
quoquo warrantoproceedings
warranto [Province ofof
proceedings [Province
Those
Those In the
In the proper
proper court
court of
of the
the
Aklan v.v. Jody King
KingConstruction
Constructionand
andDev’t
Dev't
committed on first rst port of
port of entry
entry oror of
of any
any
Corp.
Corp.,, G.R.
G.R. No.
No.197592
197592(2013)].
(2013)]. committed on
board a vessel
board vessel municipality
municipality or territory
or territory
in the
in the course
course of throughwhich
ofthrough whichsuch
such vessel
vessel
The doctrine
The doctrine of
of primary
primary jurisdiction
jurisdiction is corollary
corollary to
to
its voyage
its voyage passed during
passed during its voyage,
its voyage,
the doctrine
the doctrine of
of exhaustion
exhaustion of
ofadministrative
administrative subject to the
subject the generally
generally
remedies ininwhich
remedies which courts
courts cannot
cannot determine
determine aa
accepted principles
accepted principles of of
controversy involving
controversy involving aa question
question which
which is
is within
within
international law
international law [Sec.
[Sec. 15,
15,
the jurisdiction
the jurisdiction of
of the
the administrative
administrative tribunal
tribunal prior
prior
Rule 110]
Rule 110]
to the
to the resolution
resolution of of that
that question
question by the
by the
administrative tribunal
administrative [International Service
tribunal [International Service v.v.
Greenpeace
GreenpeaceSoutheast
SoutheastAsia,
Asia, G.R.
G.R. No. 209271
No. 209271 Piracy, whichMay
Piracy, which May be
beinstituted
instituted
(2015)].
(2015)]. has
has no anywhere
no [People v.
anywhere[People Lol-lo
v. Lol-lo
territorial
territorial and Saraw,
and Saraw, G.R.
G.R. No.
No.17958
17958
VII. VENUE
VII. VENUE IN
INCRIMINAL
CRIMINAL AND
AND limits
limits (1922)]
(1922)]
CIVIL ACTIONS
CIVIL ACTIONS
Libel
Libel IfIf one
one of
ofthe
theoffended
offended
parties
parties isis a
a private
private
VENUE IN
A. VENUE IN CRIMINAL
CRIMINAL ACTIONS
ACTIONS individual:
individual:
1. Where
1. Wherethe
thelibelous
libelous
General Rule
Rule article is
article is printed
printed
Venue in
Venue criminal cases
in criminal cases isis jurisdictional.
jurisdictional.In
In all
all and
and rst
first
criminal prosecutions,
criminal prosecutions, the
the action
action must be
must be published, or
published, or
instituted andtried
instituted and triedinin the
the courts of the
courts of the 2. Where
2. Where said
said
municipality or
municipality or territory
territorywhere:
where: individual actually
individual actually
1. The
1. Theoffense
offense was was committed,
committed, or
or resides
resides
Anyofofitsitsessential
2. Any essentialingredients
ingredients occurred
occurred
[Sec.15(a), Rule
[Sec.15(a), Rule 110]
110] IfIf one
one of
ofthe
theoffended
offended
parties
parties isis a
a public
public
Exceptions
Exceptions of cial:
official:
1. Where
1. Where the
the of
official
cial
Crime
Crime Venue
Venue holds of
holds office
ce at
at the
the
under Proper
Felonies under
Felonies Proper court
court where
where
time
time of
of the
the
commission of
commission of the
the
Art. 2,
Art. 2, RPC
RPC criminal action
criminal action was
was first
rst
offense
offense
filed [Sec. 15,
led [Sec. 15,Rule
Rule110]
110]
2. IfIfthe
2. theofoffice is in
ce is in
Those
Those In
In the
the court
court of of any
any Manila, then
Manila, then CFI
CFI
committed on aamunicipality
municipality oror territory
territory Manila
Manila
railroad
railroad train,
train, where
where such
such train,
train, aircraft,
aircraft, 3. If Ifthe
3. theofoffice
ce isis any
any
any ororother
aircraft, or any othervehicle
vehicle passed
passed other
other city
city or
or
during its
other public or during its trip,
trip,including
including province, then
province, then file
le
private vehicle
private vehicle• place
place of of departure
departure and and where he
where he holds
holds
in the course
in course of arrival [Sec.
of arrival [Sec. 15, Rule
Rule110]
110] office
of ce
its trip
its trip 4. Where
4. Wherethe
thelibelous
libelous
article is
article printed
is printed

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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW

and first
and published
rst published 74053-54, (1988)]
74053-54, .
(1988)].

Cases
Cases filed
ledMayMaybe be filed
led inin the
the place
place testimony When
False testimony
False When the crime
the crime is is
under B.P.
under B.P. 22 where the
22 where the check
check waswas and perjury
and perjury committed through
committed through false
false
dishonored or
dishonored or issued.
issued. In In testimony under
testimony under oath
oath in
in aa
the case
the case of
of aa cross-check,
cross-check, proceeding that
proceeding that is
is neither
neither
in
in thethe place
place of of thethe criminal nor civil, venue
criminal venue is is
depositary or collecting
depositary collecting at the
at the place
place where
where the
the
bank [People v. Grospe,
bank [People Grospe, testimony under
testimony under oath
oath is
is
G.R. Nos.
G.R. Nos. L-74053-54,
L-74053-54, given.
given.
(1988)]
(1988)]
If inin lieu
lieu of
of or
or as
as
Illegal
Illegal The victim
The victim has
has the option
the option supplement to
supplement to the actual
the actual
recruitment
recruitment to file
to the case
le the case in his
his place
place testimony madeinin aa
testimony made
cases
cases (R.A.
(R.A. of of residence
residence oror in
in the
the place
place proceeding that
proceeding that is neither
is neither
8042
8042 or
or where
where the
the crime
crime was
was criminal nor civil,
criminal civil, aa written
written
Migrant
Migrant committed [Sto.
committed [Sto. Tomas
Tomasv.v. sworn
sworn statement
statement is
is
Workers Act)
Workers Act) Salac, G.R.
Salac, G.R. No. 152642
No. 152642 submitted, venue
submitted, venue maymay
(2012)]
(2012)] either
either be at the
be at the place
place
where
where the
the sworn
sworn
Violations
Violations of
of RTCs
RTCs have
have jurisdiction
jurisdiction
statement is submitted
statement submitted or
R.A.
R.A. 10175 over
10175 over any
anyviolation
violation ofof the
the
where the oath
where oath was
was taken
(Cybercrime
(Cybercrime provisions
provisions ofof the
the Act,
Act,
as the taking
as taking of the oath
of the oath
Prevention Actincluding
Prevention Act including any
any violation
violation
and the
and the submission
submission areare
of 2012)
of 2012) committed by
committed by aa Filipino
Filipino
both material
both material ingredients
ingredients
national regardless
national regardless of
of the
of the
of the crime
crime committed.
committed.
place of
place of commission
commission [Sec.
[Sec.
21]
21] Inall
In allcases,
cases, determination
determination
of venue
of venue shall
shall be
be based
based onon
In
In exceptional
exceptional SC
SChas
hasthe
thepower
power to
to order
order
the acts
the acts alleged
alleged in the
in the
circumstances aachange
circumstances change of
of venue
venue or
or place
place
to ensure
to fairof
ensure aa fair of trial
trial totoavoid
avoid
Information
Information toto be be
constitutive of
constitutive the crime
of the crime
trial
trial and
and miscarriage
miscarriageof
ofjustice
justice [Sec.
impartial
impartial
inquiry
5(4),
5(4), Art.
Art.
Constitution]
VII,
VII,
committed [Union
committed
People, G.R.
People,
[Union Bank
G.R. No.
Bank v.
192565
No. 192565
v.
inquiry Constitution]
(2012)].
(2012)].
Transitory or
Transitory or The
The courts
courts of
of the the
continuing
continuing territories
territories where
where the
the Perjury charges
Perjury maylie
charges may lie in
in

offenses
offenses
ere ofthe
essential ingredients
essential ingredients of the
the the place
the place where
where the false
false
crime took
crime took place
place have
have statement is
statement is made,
made, under
under
concurrent jurisdiction.
concurrent jurisdiction. Sec. 10(a),
Sec. 10(a), Rule
Rule 110 in
in
The rst court
The first court taking
taking relation Villanueva v.
relation to Villanueva v.
cognizance of
cognizance of the
the case
case will
will Secretary of
Secretary Justice [Sy
of Justice [Sy
exclude the
exclude others [People
the others [People Tiong Shiou
Tiong Shiou v. Sy Chim,
v. Sy Chim,
Grospe, G.R.
v. Grospe, G.R. Nos.
Nos. L-
L- G.R. No.
G.R. No. 174168
174168(2009)]
(2009)].

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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW
REMEDIAL LAW

VENUE IN
B. VENUE IN CIVIL ACTIONS
CIVIL ACTIONS the real
the real property
property involved,
involved, or
or any
any portion
portion thereof,
thereof,
is situated.
is situated. [1
[1 Riano
Riano 151,
151, 2016
2016 Bantam
Bantam Ed.]
Ed.]
Incivil
In civil cases,
cases, it is a procedural
procedural matter
matterand
andnot
not
jurisdictional,asascompared
jurisdictional, compared to
tocriminal
criminal cases,
cases, Wherethe
Where thesubject-matter
subject-matterofof the
the action
action
where the venue is
where is jurisdictional.
jurisdictional. involves various parcels
involves parcels ofof land
land situated
situated in
in
differentprovinces,
different provinces,the
thevenue
venueisisdetermined
determined
relates only
Venue relates only to
to the
the place
place of
of trial
trial or
or the
the by the
by the singularity
singularity or
or plurality
plurality of
of the
the transactions
transactions
geographical location
geographical locationinin which
which an action or
an action involving said
involving said parcels
parcels of land. Thus,
of land. Thus, where
where said
said
proceeding should
proceeding shouldbebebrought.
brought.ItIt is
is intended
intended to
to parcels are
parcels are the objects of
the objects one and
of one and the
the same
same
accord convenience
accord convenience to to the
the parties
parties and
and does
doesnot
not transaction, the
transaction, the venue
venueisisinin the
the court
court of
of any
any of
of
equate to
equate the jurisdiction
to the jurisdictionofofthe court[Dolot
thecourt [Dolotv.v. the provinces
the provinces wherein
wherein aa parcel
parcel of
of land
land is
is situated.
situated.
Paje, G.R.
Paje, G.R. 199199
199199(2013)]
(2013)].. [1 Regalado
[1 Regalado 118, 2010 Ed.,
118, 2010 Ed., citing
citing ElEl Hogar
Hogar
Filipino v.
Filipino Seva, G.R.
v. Seva, G.R. No.
No.36627
36627(1932)
(1932)]]
On dismissal based
based on on improper
improper venue
Improper
Impropervenue
venueis isnonolonger
longerone
one of
of the
grounds for a
grounds a motion
motion to todismiss
dismissunder
under the
the b. VENUE
b. VENUEOF
OF PERSONAL
PERSONAL ACTIONS
ACTIONS
Amended Rules.
Amended Rules.However,
However,the
the ground
ground of
of the All other
All other actions
actions may
may be
be commenced
commenced and andtried,
tried, at
at
venue being
venue being improperly
improperly laid
laid is
is one
one of
of those
those that
that the plaintiff's
plaintiff’s election:
election:
may
may bebe set asas an
an AfAffirmative Defense in
rmative Defense the
in the a. Wherethe
a. Where theplaintiff
plaintiffor
orany
anyof
ofthe
the principal
principal
answer. The
answer. failure to raise
The failure raise the
the afaffirmative
rmative plaintiffs resides,
plaintiffs resides, oror
defense
defense in
in the
the answer
answer will
will constitute
constitute aa waiver
waiver of b. Where
b. Where the the defendant
defendant or or any
any of the
of the
such. [Sec
such. [Sec 12,
12, Rule
Rule 8]
8] principal defendants
principal defendants resides,
resides, or
or
c.
c. InIncase
caseofofa non-resident
a non-residentdefendant,
defendant,
However
However, , the
the court
court may
may make motu proprio
make aa motu proprio where he
where he may
may be
be found.
found. [Sec.
[Sec. 2,
2, Rule
Rule 4]4]
dismissal for
dismissal for improper venue, inter
improper venue, inter alia
alia,, in
in actions
actions
covered
covered by the Rules
by the Rules on
onSummary
Summary Procedure
Procedure The plaintiff or the
the defendant
defendantmustmustbe
beresidents
residents
[Sec. 4],
[Sec. 4],Rule
Rule of
ofProcedure
Procedure for
forSmall
Small Claims
Claims cases
cases of the
of the place
place where
where the
the action
action has
has been
been instituted
instituted
[Sec. 91,
[Sec. 9], and inin ejectment
ejectment cases.
cases. [Sec.
[Sec. 5, Rule
Rule at the
at the time
time the
the action
actionisis commenced [Ang
commenced v. Sps.
[Ang v. Sps.
70] Ang, G.R.
Ang, G.R. No.
No. 186993 (2012)].
186993 (2012)].

a. VENUE
a. VENUEOF
OF REAL
REAL ACTIONS Definition
De of residence
nition of residence
actionsshall
Real actions shall be
becommenced
commenced and and tried
tried in The residence
The residence of aa person
personisishis
hispersonal,
personal,
proper court
the proper court which
which has
has jurisdiction
jurisdiction over the actual or
actual or physical
physical habitation
habitation or his actual
or his actual
area wherein
area wherein the property involved,
the real property involved, oror a residence or
residence place of
or place abode, which
of abode, which may
may not
not
portion thereof is
portion thereof is situated.
situated. necessarily be
necessarily his legal
be his legal residence
residence or domicile
or domicile
provided he resides
provided resides therein
therein with continuity
continuity and
entry and
Forcible entry and detainer
detainer actions
actionsshall
shall be
be consistency [Boleyley
consistency [Boleyley v.v. Villanueva,
Villanueva, G.R.
G.R. No.
No.
commenced and
commenced and tried
tried in
in the municipal court
the municipal court of
of 128734(1999)].
128734 (1999)].
the municipality
the municipality or
or city
city wherein
wherein thethe real
real property
property
involved, or
involved, or aa portion
portion thereof,
thereof, is
is situated.
situated. [Sec.
[Sec. 1,
1, AA corporation
corporationcannot
cannotbe
beallowed
allowedto to file personal
le personal
Rule 4]
Rule 4] actions in a place
actions placeother
otherthan
thanitsitsprincipal
principal place
place
of business
of business unless
unless such
such place
place is
is also
also the
the
The rule, in its simplified
The simpli ed form,
form, means
meansthat thatifif the
the residence of a co-plaintiff
residence defendant. [Davao
co-plaintiff or defendant. [Davao
actionisisreal,
action real,the
theaction
actionisislocal,
local,asasopposed
opposed Light v.
Light v. CA,
CA, G.R.
G.R. No.
No. 111685
111685 (2001)]
(2001)]..
to transitory,
to transitory, and
and the
the venue
venue isis the
the place
place where
where

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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW
REMEDIAL LAW

c. VENUE
C. VENUE OF
OF ACTIONS
ACTIONS AGAINST
AGAINST territory
territory where
where the
the
NON-RESIDENTS actionable neglect
actionable neglect or
or
Non-resident found in the Philippines omission occurred
omission occurred or
or
a. Personal
a. Personal action:
action: where
where the
the with
with the
the Court
Court of
of
nonresident defendant
nonresident defendant may may be be found,
found, asas Appeals or
Appeals or the Supreme
the Supreme
authorized by
authorized by Sec.
Sec. 2, 2, Rule
Rule 4,
4, but
but with
with an
an Court.
Court.
additional alternative
additional alternative venue,
venue,i.e.,i.e., the
the iii.
iii. Civil
Civil and
and criminal action
criminal action for for
residence
residence ofof any any of of the
the principal
principal damages in
damages in written defamation.
written defamation.
plaintiffs, pursuant
plaintiffs, pursuant to toSecs.
Secs. 22 and
and 3,3, Rule
Rule [Art. 360,
[Art. 360, RPC]
RPC]
4. [1
4. [1Regalado
Regalado 121, 121, 2010
2010 Ed.]
Ed.] 1. Note
1. Note thatthat forfor written
written
b. Real
Realaction:
action: in inthetheproper
propercourt
court which
which defamations, the
defamations, the default
default
has jurisdiction
has over the
jurisdiction over the area
area wherein
wherein the
the venue would
venue would be be thethe
real property
real property involved,
involved, or or aa portion
portion place where
place where the libelous
libelous
thereof is
thereof is situated.
situated. [Sec.
[Sec. 1,
1, Rule
Rule4] 4] article is
article is first published
rst published
or where
or where any any of the
of the
Non-resident notfound
found inin the offended parties
offended parties reside
reside
Non-resident not the
2.2. InIn casecase that that the the
Philippines, and
Philippines, andthe
theaction
actionaffects:
affects:
a. Personal
a. Personal status
status of plaintiff
plaintiff -–where
where
offended
offended party partyisis a a
public officer,
public of cer, thethe proper
proper
resides, or
plaintiff resides, or
venue would be either
b.
b. Property of defendant
Property of in the
defendant in the venue would be either
where he holds
where holds office
of ceat at
Philippines -– where
Philippines where the
the property,
property, or
the time
the time of the of the
any portion thereof, is situated
any situated or found
found
commission
commission ofof thethe
[Sec. 3,
[Sec. 3, Rule
Rule 4]
4]
crime, or the place
crime,
where or the place
where the the libelous
libelous
d. WHEN
d. WHENTHE
THERULES
RULESON
ONVENUE
VENUE DO article is
article is first published
rst published
NOT APPLY [Art.360,
[Art. 360, RPC]
RPC]
a) Cases
a) Cases where
where aa speci
specificc rule
rule or law
or law b) Parties
b) Parties have
have validly
validly agreed
agreed in writing
in writing
provides otherwise;
provides otherwise; examples:
examples: before the
before the filing
ling of an an action
action on the
on the
Quowarranto
i.i. Quo warrantoproceeding
proceeding exclusive venue
exclusive venue thereof. [Sec. 4,
thereof. [Sec. 4, Rule
Rule 4] 41
commenced by
commenced by thethe Solicitor
Solicitor
General, [Sec.
General, [Sec. 7,
7, Rule
Rule 66]
66] e. EFFECTS
e. EFFECTS OF
OF STIPULATIONS
STIPULATIONS ON
1.
1. The
The action
action may may be be
VENUE
VENUE
brought in
brought in the
the Supreme
Supreme
The parties
The parties may
may stipulate
stipulate on
on the
the venue
venue as
as long
long
Court,
Court, the the Court
Court of of
as the
as the agreement
agreement is:
is:
Appeals, or
Appeals, or in
in a
a Regional
Regional
a. InInwriting,
a. writing,
Trial Court
Trial Court in in the
the City
Cityofof
b. Made
b. Madebefore
beforethe
the filing of the
ling of the action,
action, and
and
Manila.
Manila.
c. Exclusive
c. Exclusiveas
as to
to the
the venue
venue
ii. Petition for
Petition continuing writ
for a continuing writ of
mandamus, and
mandamus, and [Sec.
[Sec. 2,
2, Rule
Rule 8,8,
Types of
Types of stipulations
stipulations onon venue
venue
Rules
Rules of
of Procedure
Procedure for for
Restrictive:
a. Restrictive: suit
suit maybe
may be filed only in
led only in the
Environmental Cases]
Environmental Cases]
place agreed
place agreed upon
upon
The petition
1. The petition shall
shall bebe
b. Permissive:
b. Permissive:partiesparties may
may file their suit
le their suit
filed with the
led with the Regional
Regional
not only
not only in
in the
the place
place agreed
agreed upon
upon but but
Trial Court
Trial Court exercising
exercising
also in
also in the
the places
places fixed
xed by the the rules
rules
jurisdiction over
jurisdiction over thethe
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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL
REMEDIAL LAW
LAW

[Briones v.
[Briones v. CA
CA and
and Cash
Cash Asia,
Asia, G.R.
G.R. No.
No. or proceeding involving
or proceeding involvinganyany matter
matter within
within the
the
204444
204444(2015)]
(2015)] authority of the lupon shallshall be
be filed
led or
or instituted
instituted
directly in court or anyany other
other government
government office
of ce
Requirement
Requirement to be binding for adjudication,
for adjudication, unless
unless there
there hashas been
been aa
To bebe binding,
binding, the
the parties
parties must
must have
have agreed
agreed on confrontation between
confrontation between the parties before
the parties before the
the exclusive nature
the exclusive nature of the venue
of the venue of any
any lupon chairman
lupon chairman or or the pangkat, and
the pangkat, and that
that no
no
prospective
prospective action
action between
between them.
them. The
The agreement
agreement conciliation or
conciliation settlement has
or settlement has been
been reached
reached as as
of parties
of parties must
must be be restrictive
restrictive and
and not
not permissive
permissive certified
certi ed by the lupon
by the lupon secretary
secretary or or pangkat
pangkat
[1 Regalado
[1 Regalado 124,
124, 2010
2010 Ed.]
Ed.] secretary as
secretary as attested
attested toto by
by the
the lupon
lupon oror pangkat
pangkat
chairman or
chairman unless the settlement
or unless settlement has has been
been
In the
In the absence
absence of of qualifying
qualifying oror restrictive repudiated by the parties thereto [Sec. 412 (a),
repudiated by the parties thereto [Sec. 412 (a),
(e.g."only/solely/exclusively
words (e.g. “only/solely/exclusively in such
in such R.A. 7160].
R.A. 7160].
court”), venue
court'), venue stipulation
stipulationisismerely
merelypermissive;
permissive;
is, the
that is, the stipulated
stipulated venue
venue isis in
in addition
addition to
to the
the Exceptions
Exceptions
venue provided for in the
venue the rules [Polytrade Corp.
rules [Polytrade Corp. The parties
The parties may
may go
go directly
directlytoto court
court in the
in the
v. Blanco, G.R.
v. Blanco, G.R. No.
No.L-27033
L-27033(1969)]
(1969)] following instances:
following instances:
(1) Where
(1) Wherethethe accused
accused isisunder
under detention;
detention;
When stipulation may be disregarded
stipulation may (2) Where
(2) Where aa person
person hashas otherwise
otherwise been
The
The court may declare
court may declare agreements
agreements on
on venue
venue as
as deprived personal liberty
deprived of personal libertycalling
calling
contrary to public
contrary public policy
policy ifif such
such stipulation
stipulation for habeas corpus
for habeas corpus proceedings;
proceedings;
unjustly
unjustly denies aa party
party aa fair
fair opportunity
opportunity to (3)
(3) Where
Whereactions
actions are coupled with
are coupled
file suit in
le suit in the
the place
place designated
designated byby the
the Rules.
Rules. The
The provisional
provisional remedies
remedies such such as as
court shall take into consideration
consideration the economic
economic preliminary injunction,
preliminary injunction, attachment,
attachment,
conditions of
conditions parties, the practical
of the parties, practical need
need to
to delivery
delivery of
of personal
personal property
property and
and support
support
avoid numerous
avoid numerous suits suits filed against the
led against the defendant
defendant pendente lite
pendente lite;; and
and
in various
various parts
parts of the country
country and
and the
the peculiar
peculiar (4) Where the
(4) Where action may
the action may otherwise
otherwise be be
circumstances of the case [1 Regalado 124-125, barred
barred byby the
the statute
statute of limitations.
circumstances of the case [1 Regalado 124-125,
2010 Ed., citing
2010 Hoechst Philippines
citing Hoechst Philippines v. Torres,
v. Torres, [Sec. 412
[Sec. 412 (b),
(b), R.A.
R.A. 7160]
7160]
G.R.
G.R. No.
No. L-44351
L-44351 (1978)
(1978)]]
On Conciliation
On Conciliation Among
Among Members
Members of
AA complaint directly assailing
assailing the
the validity
validity of
of Indigenous Cultural
Indigenous Cultural Communities
Communities
the written
the writteninstrument
instrumentitself
itselfshould
should not
not be
be
bound by
bound by the
theexclusive
exclusive venue
venue stipulation
stipulation The customs
The customs and
and traditions of indigenous
traditions of indigenous cultural
cultural
contained therein
contained thereinand
andshould
shouldbebefiled
led in communities shall
communities shall be applied in
be applied in settling
settling disputes
disputes
accordance with
accordance the general
with the general rules on venue between members
between members of the the cultural
cultural communities
communities
[Briones v.
[Briones v. CA
CA and
and Cash
Cash Asia,
Asia, G.R.
G.R. No.
No. 204444
204444 [Sec. 412
[Sec. 412 (c),
(c), R.A.
R.A. 7160].
7160].
(2015)].
(2015)].
Subject Matter for
for Amicable Settlement
VIII. REVISED
VIII. REVISEDKATARUNGANG
KATARUNGANG The lupon of
The lupon of each
each barangay
barangay shall
shall have
have authority
authority
PAMBARANGAY LAW
PAMBARANGAY LAW to bring
to bring together
together the
the parties
parties actually
actually residing
residing in
(R.A. 7160)
(R.A. 7160) the same
the same city
city orormunicipality
municipality for foramicable
amicable
settlement of all disputes
settlement disputes except:
except:
General Rule (a)Where
(a) Where one
one party is
is the
the government,
government, or
Conciliation isisaapre-condition
Conciliation pre-condition to
to the filing
ling of any subdivision
any subdivision or orinstrumentality
instrumentality
complaint in
complaint in court.
court. No
No complaint,
complaint, petition,
petition, action,
action, thereof;
thereof;

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GENERAL PRINCIPLES
GENERAL REMEDIAL LAW

(b) Where
(b) Where one
one party
partyisisaapublic
publicofficer
of cer or
or
within the
within the same
same city respondent or
city respondent or any
any of
of
and the
employee, and the dispute
dispute relates
relates to
municipality
or municipality the
the respondents
respondents
the performance
the performance of his his official
of cial functions;
functions;
actually resides,
actually resides,
(c) Offenses
(c) Offenses punishable
punishable by by imprisonment
imprisonment
exceeding one
exceeding one(1)(1) year
year or or a fine ne disputes involving
All disputes Inthe
involving In thebarangay
barangay where
where
exceeding
exceeding Five Five thousand
thousand pesos pesos real property or any the real property or the
real property or any the real property the
(P5,000.00);
(P5,000.00); interest therein
interest therein larger portion
larger portion thereof
thereof
(d) Offenses
(d) Offenses where
wherethere
thereisisno no private
private is situated
is situated
offended party;
offended party;
(e)
(e) Where
Where the the dispute
dispute involves
involves real real Those arising
Those arising at
at the InInthe
thebarangay
barangay where
where
properties located
located in in different
different cities
cities workplace where
workplace thesuch
where the such workplace
workplace or or
or municipalities unless the
municipalities unless the parties
parties contending parties
contending parties institution
institution is
is located
located
thereto agree
thereto agree to submit their differences
differences are employed
are employed ororat
at
to amicable
to amicable settlement
settlement byby an
an appropriate
appropriate the institution
the institution where
where
lupon;
lupon; such
such parties
parties are
are
(f) Disputes
Disputes involving
involving parties
parties who
who actually
actually enrolled for study
enrolled study
reside
reside in barangays
barangays of of different
different
[Sec. 409,
[Sec. 409, R.A.
R.A. 7160].
7160].
cities or
cities or municipalities, except where
municipalities,except where
such barangay
such barangay units adjoin each
units adjoin each other
Objections to Venue
and
and the parties
parties thereto agree
agree to submit
submit
Objections
Objectionstoto venue
venueshall
shallbebe raised
raisedinin the
differences to amicable
their differences amicable settlement
settlement
proceedings before
mediation proceedings before thethe punong
punong
by an
by appropriate lupon
an appropriate lupon;;
barangay; otherwise,
barangay, otherwise, the same shall
the same shall be
(g) Such
(g) Such other
other classes
classesofofdisputes
disputes which
which
deemedwaived.
deemed waived.Any Anylegal
legalquestion
questionwhich
which may
the President
the President may determine in in the
the
confront the
confront punong barangay
the punong barangay in in resolving
resolving
interest
interest of of justice
justice or or uponupon the the
objections to venue
objections venue herein
herein referred
referred to may
may bebe
recommendation
recommendationofof the Secretary of
the Secretary
submitted to
submitted to the
the Secretary
Secretary of
of Justice
Justice or his duly
Justice.
Justice.
designated representative,
designated representative, whose
whose ruling
ruling thereon
thereon
shall be
shall be binding
binding [Sec.
[Sec. 409,
409, R.A.
R.A. 7160].
7160].
The court
The court in
in which
which non-criminal
non-criminal cases
cases not
not falling
within the authority
within the authority of
of the
the lupon
lupon under
under this
this Code
Code
are filed
are may, at any
led may, any time
time before
before trial, motu
trial, motu
proprio refer
proprio refer the
the case
case to
to the lupon concerned
the lupon concerned for for Procedure for Amicable Settlement
Procedure Settlement
amicable settlement
amicable settlement [Sec.
[Sec. 408
408 (c),
(c), R.A.
R.A. 7160].
7160]. (a)Who
(a) Who may
may initiate
initiate proceeding
proceeding

Venue
Venue Upon payment
Upon payment of the
the appropriate
appropriate filing
ling fee,
any individual
any individual who
who has
has a cause
cause of
of action
action
Disputes
Disputes Venue
Venue
against another
against another individual involving
involving any
any matter
matter
Disputes
Disputes between Lupon
between Lupon of
of said
said within the
within the authority
authority of
of the
the lupon
lupon may
may complain,
complain,
persons
persons actually barangay
actually barangay orally or in
orally in writing,
writing, to
to the
the lupon
lupon chairman
chairman of
of
residing in the same
residing same the barangay.
the barangay.
barangay
barangay
(b) Mediation
(b) Mediation by
by lupon
lupon chairman
Those
Those involving At
involving Atthe
the election
election of the
of the
Upon receipt
Upon receipt of the
the complaint,
complaint, the
the lupon
lupon
actual residents
actual residents of complainant, inin the
ofcomplainant, the
chairman shall,
chairman shall,within
withinthe
the next working
next working
different barangays
different barangays barangay
barangay where
where the
the

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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW

day,summon
day, summonthe
therespondents),
respondent(s), with
with notice
notice In
In the
the event
event that
that aa party
party moves
moves to
to
to the
to the complainants)
complainant(s) for
for them
them and
and their
their disqualify any
disqualify any member of the pangkat by
by
witnesses to
witnesses appear before
to appear before him
him for
for aa mediation
mediation reason of relationship,
reason relationship, bias,
bias, interest,
interest, or
or any
any
of their
of their con
conflicting
icting interests.
interests. other similar
other similar grounds
grounds discovered
discovered after
after the
constitution of
constitution of the
the pangkat,
pangkat, the
the matter
matter shall
shall be
be
IfIf he
he fails
fails in
in his
his mediation
mediation effort within fifteen
fteen resolved by
resolved by the
the affirmative
af rmative vote
vote of
of the
the majority
majority
(15) days
(15) days from
from thethe first meeting of
rst meeting of the
the parties
parties of the
of the pangkat
pangkat whose
whose decision
decision shall
shall be
be final.
nal.
before him,
before him, hehe shall
shall forthwith set a
forthwith set a date
date for
for the
the Should disquali
Should disqualification
cation be decided upon,
be decided upon, the
constitution of
constitution of the
the pangkat
pangkat inin accordance
accordance with
with resulting vacancy
resulting vacancy shall
shall be
be filled
lled asas herein
herein
the provisions
the provisions of this Chapter.
of this Chapter. provided for.
provided for.

(c)
(c) Suspension of prescriptive
Suspension of prescriptive period
period of
of (e)
(e) Period arrive at
Period to arrive at aa settlement
settlement
offenses
offenses
The
The pangkat shall arrive
pangkat shall arrive atat a settlement or
settlement or
While the
While the dispute
dispute isis under
undermediation,
mediation, resolution ofofthe
resolution thedispute
disputewithin
withinfifteen
fteen(15)
(15)
conciliation, or
conciliation, arbitration, the
or arbitration, the prescriptive
prescriptive days
days from
from the
the day
day ititconvenes
convenes in
in
periods for
periods offenses and
for offenses and cause
cause of
of action
action under
under accordance with
accordance with this
this section.
section.
existing laws
existing lawsshall bebe
shall interrupted
interruptedupon
uponfiling
ling
of
of the
the complaint
complaint withwith the
the punong
punong This period
This period shall,
shall, at the discretion
at the discretion of the
of the
barangay.
barangay. pangkat, be
pangkat, beextendible
extendibleforfor another
another period
which shall
which shall not exceed
exceed fifteen
fteen (15)
(15) days,
days,
except in clearly
except in clearly meritorious
meritorious cases.
cases.
The prescriptive
The prescriptive periods
periodsshall
shall resume upon
resume upon
[Sec. 410,
[Sec. 410, R.A.
R.A. 7160]
7160]
receipt
receipt by
by the complainant
the complainant
1. ofofthe
1. thecomplaint
complaint oror the
the certi
certificate
cate of
of
Form of Settlement
Settlement
repudiation or
repudiation
All amicable
All amicable settlements
settlementsshall
shallbebeininwriting,
writing, in a
2. ofofthe
2. thecerti
certification
cation toto file action issued
le action issued
language or
language or dialect
dialect known
known totothe
theparties,
parties,
by
by the lupon or
the lupon pangkat secretary:
or pangkat secretary:
signed by
signed by them,
them, and
andattested by the
attested to by the lupon
lupon
chairman or the
chairman the pangkat
pangkat chairman,
chairman, as the case
case
Provided, however,
Provided, however, That
That such
such interruption
interruption
may be.
be.
shall not
shall not exceed
exceed sixty
sixty (60)
(60) days
days from
from the
the filing
ling
of the complaint
of the complaint with
with the
the punong
punong barangay.
barangay.
When the parties
When parties to the
the dispute
dispute do not use
use the
(d) Issuance
(d) Issuance of of summons;
summons; hearing;
hearing; same language
same language or
or dialect,
dialect, the
the settlement
settlement shall
shall be
be
grounds
grounds for
for disqualification
disquali cation writtenin
written inthe
thelanguage
language known to
to them.
them.
[Sec. 411,
[Sec. 411, R.A.
R.A. 7160]
7160]
The pangkat
The pangkat shall
shallconvene
convenenot notlater
later than
three (3)
three (3)days
days from
from its
its constitution,
constitution,onon the Arbitration
Arbitration
day and
day and hour
hour set
set by
by the
the lupon
lupon chairman,
chairman, to (a) The
(a) The parties
parties may,
may, at any
any stage
stage of the
of the
hear both
hear both parties
parties and
and their
their witnesses,
witnesses, simplify
simplify proceedings, agree
proceedings, agreeininwriting
writing that they
issues, and
issues, and explore
explore all
all possibilities
possibilities for amicable
for amicable shall abide
shall abide by arbitration award
by the arbitration award ofof
settlement. For
settlement. For this
this purpose,
purpose, the pangkat may
the pangkat may the lupon
the lupon chairman
chairman or
or the
the pangkat.
pangkat.
issue summons
issue summons forfor the
the personal
personal appearance
appearance ofof (i)
(i) Period to to
Period repudiate:
repudiate:Within
Within
parties and witnesses
parties and witnesses before it.
before it. five (5) days
ve (5) days from
from the
the date
date
thereof for
thereof for the
the same
same grounds
grounds
and inin accordance
and accordance with
with the
the
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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL
REMEDIAL LAW
LAW

procedure
procedure hereinafter
hereinafter settlement agreed
settlement agreed upon
upon by parties
by the parties
prescribed.
prescribed. before the lupon chairman
chairman or
or the
the pangkat
pangkat
(ii)
(ii) When the
When the arbitration
arbitration award
award chairman shall
chairman shall be
be submitted
submitted to court and
to the court and
shall be
shall be made:
made: after
after the
the lapse
lapse upon approval
upon approval thereof,
thereof,have
havethe
theforce
force and
and
of the
of the period
period for repudiation
repudiation and
and effect of
effect of aa judgment
judgmentof
ofsaid
said court.
court.[Sec.
[Sec. 416,
416,
within ten
within ten (10)
(10) days
days thereafter.
thereafter. R.A. 7160]
R.A. 7160]
[Sec.
[Sec. 411
411 (a), R.A. 7160]
(a), R.A. 7160]
Execution
Execution
(b)The
(b) Thearbitration
arbitration award
award shall
shallbe
beininwriting
writing The amicable
The amicable settlement
settlement or arbitration award
or arbitration award
in aa language
language or dialect_known
dialect known to to may be enforced
may enforced by execution by
by execution by the lupon
the lupon
the parties.
the parties. When
When the
the parties
parties to the
to the within six
within six (6)
(6) months
months from the date
date of
of the
the
dispute do
dispute do not
not use
use the
the same
same language
languageor or settlement.
settlement.
dialect, the award
dialect, award shall
shallbe
bewritten
writtenininthe
the
language or dialect
language dialect known
known to to them.
them. After the
After the lapse
lapse of
of such
such time, the settlement
time, the settlement may
may
[Sec. 411
[Sec. 411 (b),
(b), R.A.
R.A. 7160]
7160] enforced by
be enforced by action
action in
in the appropriate
appropriate city
city or
or
municipal court.
municipal [Sec. 417,
court. [Sec. 417, R.A.
R.A. 7160]
7160]
Requirement
Requirement of Appearance
Appearance of Parties
in Person
in Person Repudiation
GeneralRule:
General Rule: InInall katarungang
all katarungang Period:Any
Period: Anyparty
party to
tothe
thedispute
dispute may,
may, within
within
pambarangay proceedings,
pambarangay proceedings,the
the parties must
parties must ten
ten (10)
(10) days
days from
from the
the date
date of
of the
the
appear in person
appear person without
without the
the assistance
assistance of
of settlement, repudiatethe
settlement, repudiate the same
same
counsel
counsel or
or representative.
representative.
How totorepudiate:
repudiateby
: by ling
filingwith
withthe lupon
the lupon
Exception : minorsand
Exception: minors andincompetents
incompetents who
who may
may chairman a statement to that effect sworn to
chairman a statement to that effect sworn
be assisted by
be assisted by their next-of-kin who
their next-of-kin are not
who are not before him,
before him, where
wherethe
theconsent
consentisisvitiated
vitiated by
lawyers [Sec.
lawyers [Sec. 415,
415, R.A.
R.A. 7160]
7160] fraud,
fraud, violence,
violence, or
or intimidation.
intimidation. Such
Such
repudiation shall
repudiation shall be sufficient
be suf cient basis
basis for the
for the
Amicable Settlement
Effect of Amicable Settlement issuance of the certi
issuance certification
cation for filing complaint
ling a complaint
GeneralRule:
General RuleThe
: Theamicable
amicablesettlement
settlement and
and as hereinabove
as hereinabove provided.
provided. [Sec.
[Sec. 418,
418, R.A.
R.A. 7160]
7160]
arbitration award shall have
have the
the force
force and
and effect
effect
of a
of a final judgment of
nal judgment of aa court
courtupon
upon the
the Transmittal
Transmittal of Settlement
of Settlement and
and
expiration ofoften
expiration ten(10)
(10) days
days from
from the
the date Arbitration Award
Arbitration Award to the Court
Court
thereof
thereof The secretary
The secretary of lupon shall
of the lupon shall transmit
transmit the
the
settlement or
settlement the arbitration
or the arbitration award
award to the
to the
Exception
Exception: :repudiation
repudiation of
ofthe
thesettlement
settlement has
has appropriate city
appropriate cityor
or municipal
municipalcourt
courtwithin
withinfive
ve
been made
made or
or aa petition
petition to has
to nullify the award has (5)days
(5) days from
from the
the date
date of the award oror from
from
been filed
been before the
led before proper city or
the proper or municipal
municipal the lapse
the lapse of
of the
theten-day
ten-dayperiod
periodrepudiating
repudiating
court.
court. the settlement
the settlement and
and shall
shall furnish
furnish copies
copies thereof
thereof to
to
each of the
each the parties
parties to
to the
the settlement
settlement and
and the
the
When inapplicable lupon chairman.
lupon chairman. [Sec.
[Sec. 419,
419, R.A.
R.A. 7160]
7160]
However,
However, this
this provision
provision shall
shall not
not apply
apply to
to court
cases
casessettled
settledby by the lupon under
the lupon under the
the last
last General RuleAll
General Rule: : All proceedings for
proceedings forsettlement
settlement
paragraph of
paragraph Section 408
of Section 408 of this Code
of this [ See
Code [See shall be public and
shall and informal.
informal.
Subject Matter
Subject Matter for Amicable
Amicable Settlement
Settlement portion
portion
above], in
above], which case
in which case the
the compromise
compromise
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GENERAL PRINCIPLES
GENERAL PRINCIPLES REMEDIAL LAW
REMEDIAL LAW

Exception
Exception: The luponchairman
: Thelupon chairman oror the
the pangkat
pangkat 5. Cases
5. Cases solely
solely for revival
revival of judgment of
of judgment of
chairman, as
chairman, as the
the case
casemay
maybe, may motu
be, may motu any МеТС,
any MeTC, МТСС,
MTCC, МТС,
MTC, or
or MCTC
MCTC
proprio or
proprio or upon
upon request
request of
of aa party,
party,exclude
exclude pursuant to
pursuant to Rule
Rule 39
39 of
of the
the Rules
Rulesof ofCourt;
Court;
the public
the public from
from the
the proceedings
proceedingsininthe theinterest
interest 6. The
6. Thecivil
civilaspect
aspect ofof aa violation
violation of BPBP22,22,ifif
of privacy,
of privacy,decency,
decency, oror public
public morals.
morals. [Sec.
[Sec. no criminal
no criminal action
action hashas been
been instituted
instituted
414, R.A.
414, R.A. 7160]
7160] therefor. Should
therefor. Should a a criminal
criminal action
action bebe later
later
instituted for
instituted for the
the same
same violation, the the civil
civil
XI.RULES
XI. RULES ON EXPEDITED
EXPEDITED aspect
aspect shall
shall be consolidated with
be consolidated with the
criminal action
criminal action and
and shall
shall be tried and
be tried and
PROCEDURES IN
PROCEDURES IN THE
THE FIRST
FIRST LEVEL
LEVEL
decided jointly
decided jointly under
under the Rule on
the Rule on
COURTS (A.M.
COURTS (A.M.NO.
NO.08-8-7-SC,
08-8-7-SC, Summary Procedures.
Summary Procedures.[Sec. [Sec.1(1),
1(1), Rule
RuleI,I,
MARCH 1,
MARCH 1,2022)
2022) A.M. No. 08-8-7-SC
A.M. 08-8-7-SC (2022)]
(2022)]

A. SUMMARY
A. SUMMARYPROCEDURE
PROCEDURE B. SMALL
B. SMALL CLAIMS
CLAIMS CASES
CASES
CASES
CASES
Small claim
Small claim
1. Forcible
1. Forcible entry
entry and
and unlawful
unlawful detainer
detainer An action
An action purely
purely civil
civil in
in nature
nature where
where the
the claim
claim or
or
cases, regardless
cases, regardlessofof the amount of
the amount of relief raised
relief raised by
by the plaintiff is
the plaintiff solely for
is solely the
for the
damages or
damages or unpaid
unpaid rentals
rentals sought
sought to to be
be payment or reimbursement
payment reimbursement of
of aa sum
sum of money
money
recovered.
recovered. WhereWhere attorney’s
attorney's fees
fees areare and those
and those coupled
coupled with provisional remedies.
with provisional remedies. The
The
awarded, the
awarded, same shall
the same shall not
not exceed
exceed claim does not
claim not exceed
exceed P1,000,000
P1,000,000exclusive
exclusive
P100,000;
P100,000; of interest
of interest and costs.
costs.
All civil
2. All civil actions,actions, except
except probate
probate
proceedings, admiralty
proceedings, admiralty and maritime
and maritime The claim
The claim may
may be:
be:
actions, and
actions, and Small
Small Claims
Claims cases
cases where
where 1. For
1. For money
money owed
owed under
under any
any of the
of the
the total
the total amount
amount of of the
the plaintiff's
plaintiff’s claim
claim following:
following:
does
does not not exceedexceed P2,000,000, a. Contract
a. Contractof
of lease;
lease;
exusive
exclusive of of excest
interest, anage,
damages o, of b. Contract
b. Contractofofloan
loan and
and other credit
credit
attorney’s fees,
whatever kind, attorney's fees, litigation accommodations;
accommodations;
expenses, and
expenses, and costs;
costs; Contractof
c. Contract ofservices;
services; or
or
3. Complaints
3. Complaintsfor fordamages
damages where
where the claim Contract of
d. Contract of sale
sale of
ofpersonal
personal
does
does not not exceedexceed P2,000,000,
P2,000,000, property, excluding
property, excluding the
the recovery
recovery
exclusive of interest and costs;
exclusive costs; of personal
of personal property,
property, unless
unless itit is
is
4. Cases
4. Cases forfor enforcement
enforcement of of barangay
barangay made
made the subject
the subject of aa
of
amicable settlement
amicable settlement agreements
agreements and and compromise agreement
compromise agreement between
between
arbitration awards
arbitration awards where
where the money money the parties;
the parties;
claim exceeds
claim exceeds P1,000,000,
P1,000,000, provided
provided 2. The
2. Theenforcement
enforcementofofbarangay
barangayamicable
amicable
that no
that no execution
execution hashas been
been enforced
enforced by by settlement agreements
settlement agreements and and arbitration
arbitration
the barangay
the barangay within months from
within 6 months from the
the awards, where
awards, where the
the money
money claim
claim does
date of
date of the
the settlement,
settlement, the date of
the date not exceed
not exceed P1,000,000,
P1,000,000,provided
provided that
that
receipt
receipt of of thethe award,
award, or or date
date the the no execution
no execution has
has been
been enforced
enforced by by the
obligation stipulated
obligation stipulated or adjudged in
or adjudged in the
the barangay within 6 months from the date
barangay
arbitration award
arbitration award becomes
becomes due due and and of the
of the settlement,
settlement, date of receipt
receipt of the
demandable, pursuant
demandable, pursuant to Sec.
Sec. 417, Ch. award, or
award, the date
or the date the
theobligation
obligation
VIIof
ofthe
theLocal
Local Gov't
Gov’t Code;
Code; stipulated or adjudged
stipulated adjudged in the arbitration
arbitration
VII
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GENERAL PRINCIPLES REMEDIAL LAW

award became
award became due
due and
and demandable,
demandable,
pursuant to
pursuant to Sec.
Sec. 417,
417, Ch.
Ch. VII
VII of
of the
the Local
Local
Gov’t Code.
Gov't Code. [Sec.
[Sec. 1(2),
1(2), Rule
Rule I,I, A.M.
A.M. No.
No.
08-8-7-SC (2022)]
08-8-7-SC (2022)]

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OF THE

CRIMINAL
PROCEDURE
REMEDIAL LAW
CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL
REMEDIAL LAW
LAW

public prosecutor spouse [Sec.


[Sec. 14(b),
14(b), Rule
Rule
A. CRIMINAL
A. CRIMINAL JURISDICTION
JURISDICTION 110].
110].

1. CONCEPT
1. CONCEPT 1. CONCEPT
1. CONCEPT OF
OFPRIVATE
PRIVATE CRIME
CRIME

Criminal Jurisdiction
Jurisdiction Private crimes
Private crimes are
are those
those which
which can
can only
only be
be filed
led
The authority
The authority to
to hear
hear and
and try a particular
try a particular offense
offense by the
by the offended
offendedparty.
party.
and impose
and impose the punishment for
the punishment [People v.v.
foritit [People
Mariano, G.R.
Mariano, G.R. No.
No.L-40527
L-40527(1976)] .
(1976)]. In private
In private crimes,
crimes, the right
right to
to commence
commence an
an
action or
action or refrain
refrain therefrom
therefrom is
is at the sole
sole power
power
REQUISITES FOR
2. REQUISITES FOR A COURT
COURT TO
TO and option
and option of
of the
the offended
offended party,
party, who
who must
must
EXERCISE JURISDICTION
EXERCISE JURISDICTION decide whether to expose in public the vices,
decide whether to expose in public the vices,
faults, and
faults, and disgraceful
disgraceful acts
acts within
within the
the family.
family.
[Isturis-Rebuelta
[Isturis-Rebuelta v.v. Rebuelta,
Rebuelta, G.R.
Subject
Subject matter
matter The
The offense is
is one
one itit Nos. 222105
Nos. 222105 &
& 222143
222143 (2023)]
(2023)]..
Jurisdiction
Jurisdiction isis authorized
authorized by
by law
law
toto take
take cognizance
cognizance of.
of. Crimes Cannot
Private Crimes Cannot Be
Be Prosecuted
Prosecuted
Territorial
Territorial The offense
The offense has
has been
been De
De Oficio.
O cio. These
These include
include [ACSAAD]:
[ACSAAD]:
Jurisdiction
Jurisdiction committed within
committed within its
its 1. Adultery
1. Adultery
territorial jurisdiction.
territorial jurisdiction. 2. Concubinage
2. Concubinage
3. Seduction
3. Seduction
Jurisdiction
Jurisdiction The person
The person charged
charged 4. Abduction
4. Abduction
Over the
the Person must have
must have been
been 5. Acts
5. ActsofofLasciviousness
Lasciviousness
brought before
brought beforeitit for
for 6. Defamation
6. Defamation
trial, forcibly
trial, forcibly by
by arrest
arrest
or upon
or upon his voluntary
voluntary Rationale
Rationale
submission to
submission to the
the This was
This was imposed
imposed out consideration for
out of consideration for the
the
court.
court. aggrieved party
aggrieved party who
who might
might prefer
prefer to
to suffer
suffer the
the
outrage in
outrage in silence
silence rather
rather than
than go
go through
through with
with the
the
[People v.
scandal of a public trial [People
scandal Yparraguirre,
v. Yparraguirre,
three requisites
All three requisites must concur before
must concur before aa court
court
G.R. No.
G.R. No. 124391
124391(2000)]
(2000)]..
can
can acquire
acquire jurisdiction [Antiporda
jurisdiction [Antiporda v.
Garchitorena, G.R.
Garchitorena, G.R. No.
No. 133289
133289 (1999),
(1999), citing
Despite the
Despite the term
term "private
"private crimes,"
crimes," the
the State
State is
is still
still
Arula v.
Arula v. Espino,
Espino, G.R.
G.R. No.
No. L-28949
L-28949 (1969)]
(1969)]..
an interested
an interested party.
party.

B. PROSECUTION
B. PROSECUTION OF
OF OFFENSES
OFFENSES Once the
Once the offended
offended party
party decides
decides to
to proceed
proceed with
with
(RULE 110)
(RULE 110) the case,
the case, the
the prosecutor
prosecutor shall
shall take over in
take over
prosecuting the
prosecuting case, and
the case, any changes
and any changes in in the
decision of
decision of the
the offended
offended party
party shall
shall not
not affect
affect the
the
criminal actions
All criminal actions shall
shall be
be prosecuted State's resolve [Isturis-Rebuelta
State's resolve [Isturis-Rebuelta v.v. Rebuelta,
Rebuelta, G.R.
G.R.
under the direction and
and control
control of
of the
the Nos. 222105
Nos. 222105 && 222143
222143(2023)]
(2023)].

Prosecution of Private Crime

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Adultery and
Adultery and Concubinage
Concubinage Seduction, Abduction & Acts
Seduction, Acts of
of Defamation, which
Defamation, which
Lasciviousness
Lasciviousness consists
consists of imputation
of
of any of the foregoing
foregoing
offenses
offenses

Whocan
Who canfile
file

Offended spouse
Offended spouse OffendedParty,
Offended Party, including:
including: Offended Party
Offended Party
a. Minors,
a. Minors,even
evenindependently
independently of of
those item bb,
those in item , except
except ifif
incompetent or
incompetent or incapable
incapable
b. Parents,
b. Parents,grandparents,
grandparents,
guardian –
guardian right to
- right to file shall be
le shall be
exclusive of all other persons
exclusive persons
and shall
and shall be exercised
exercised
successively ininthis
successively thisorder
order
c. State
c. State- – Onlyififthe
Only theoffended
offended
party dies
party dies or becomes
becomes
incapacitated before
incapacitated before she
she can
can
file the complaint,
le the complaint, and
and she
she has
has
no known
no knownparents,
parents,
grandparents or
grandparents or guardian
guardian

Requirements

a. Must
a. Must includeboth
include both guilty
guilty The offender
The offender must
must not
not have
have been None
None
parties, if both alive
parties, alive pardoned by
pardoned by any of aaand
any of andbbin
in the
the
b. Must
b. Mustnot
nothave
haveconsented
consented to the preceding column
preceding
offense or pardoned
offense pardoned the
the
offenders
offenders
c. Marital
c. Maritalrelationship
relationshipmust
must still
still be
subsisting [Pilapil
subsisting [Pilapilv.v.Ibay-
Ibay-
Somera, G.R.
Somera, G.R.No.
No.80116,
80116,
(1989)].
(1989)]

shall be
shall be prosecuted
prosecuted under
under the direction
direction and
and
2.
2. ROLE
ROLE OF
OF THE PUBLIC
THE PUBLIC control of
control of aa public prosecutor.
prosecutor.
PROSECUTOR
PROSECUTOR
Exception: AAprivate
Exception: privateprosecutor
prosecutor may
may be be
authorized inin writing
authorized writingby by the Chief of
the Chief the
of the
Rule:AllAllcriminal
General Rule: criminal actions
actions either
either
Prosecution office
Prosecution of ce or the Regional
or the Regional State
State
commenced by
commenced by aa complaint
complaint or
or by
by an
an information
information
Prosecutor to
Prosecutor prosecute the
to prosecute the case
case subject
subjectto
to the
the
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REMEDIAL LAW

approval
approvalofof the
the court [Sec. 5,
court [Sec. Rule 110,
5, Rule 110, as
as This authority
This authority shall
shall cease
cease upon
upon actual
actual
amended
amended by
by A.M.
A.M. No.
No. 02-2-07-SC
02-2-07-SC (2002)].
(2002)]. intervention of
intervention of the
the prosecutor
prosecutor or
or upon
upon elevation
elevation
of the
of the case
case toto the
the RTC
RTC [OCA
[OCA Circular
Circular No.
No. 39-02,
39-02,
a. Conditions
a. Conditions for
for a
a Private
Private stating in
stating in toto
totoSec.
Sec. 5,
5, Rule
Rule 110,
110, as
as amended
amended by by
Prosecutortoto Prosecute
Prosecutor Prosecute a A.M. No. 02-2-07-SC].
02-2-07-SC].
Criminal
Criminal Action:
Action:
i.i. The public
The public prosecutor
prosecutor has
has heavy
heavy
c. Cases
c. Cases in the
the Court
Court of
of Appeals
Appeals
work schedule
work schedule or or there
there isis no and the
and the Supreme
Supreme Court
Court
public prosecutor
public prosecutor assigned
assigned in in the
the
province
province or or the
the city
city General Rule:The
General Rule: Theauthority
authoritytotorepresent
represent the
the
ii. The private
The private prosecutor
prosecutor is is People in
People in the
the appeal
appeal of of criminal
criminal cases
cases before
before the
the
ii.
authorized in
authorized in writing
writing byby the
the Chief
Chief Court of
Court of Appeals
Appeals oror the
the Supreme
Supreme Court
Court isis vested
vested
of the
of the Prosecutor
Prosecutor office
of ce or or the solely in
solely in the
the Solicitor General [People
Solicitor General [People v. Alapan,
v. Alapan,
Regional State
Regional State Prosecutor
Prosecutor G.R. No.
G.R. No. 199527,
199527, (2018)]
(2018)].. Appeals
Appeals oror petitions
petitions for
for
iii. The authority of
The authority the private
of the private certiorari filed
certiorari the private
led by the private offended
offended parties,
parties,
iii.
prosecutor was approved by
prosecutor was approved by the
the without the consent
consent or conformity
conformity of the
Court
Court OSG, will
OSG, will be
be dismissed
dismissed for lack of
for lack of legal
legal standing
standing
iv. The private
The private prosecutor
prosecutor shall shall or personality
or [Austria v.
personality [Austria v. AAA,
AAA, G.R.
G.R. No.
No. 205275
205275
iv. (2022)] .
continue
continue to prosecute the case
to prosecute case (2022)).
up
up to
to the end of the the trial
trial unless
unless
the authority is
the authority is revoked
revoked or or Exceptions: Theoffended
Exceptions: The offended party
party in
in aacriminal
criminal
otherwise withdrawn
otherwise withdrawn [Sec. [Sec. 5, case
case may
may pursue
pursue the
the action
action before
before the
the Court
Court of
of
Rule 110,
Rule A.M. No.
110, A.M. No. 02- 2-07-SC
02-2-07-SC Appeals
Appeals ofof the Supreme Court
the Supreme Court in the following
in the following
(2002)].
(2002)]. cases:
cases:
v. In
In casecase ofofwithdrawal
withdrawal or or (1) when there is denial
(1) when denial of duedue process
process ofof
revocation of
revocation of authority,
authority, thethe same
same law
law to prosecution and
to the prosecution and the State or
the State or
must
must be approved by
be approved by the court
the court its
its agents
agents refuse
refuse to
to act
act on
on the case to
the case to the
the
[DOJ Memorandum
[DOJ Memorandum CircularCircular No.No. prejudice
prejudice of of the State and
the State and the private
private
25 (2002)].
25 (2002)]. offended party;
offended and
party; and
vi.
vi. The prosecution
The prosecution of the civil
of the civil (2)
(2) when
when the the private
private offended
offended party party
liability has not been reserved or
liability has not been reserved or questions
questions the
the civil
civil aspect
aspect of
of aa decision
decision ofof
waived.
waived. lower court
a lower [Heirs of Delgado
court [Heirs Delgado v. v.
Gonzalez, G.R.
Gonzalez, G.R.No.
No.184337
184337(2009)]
(2009)]..
b. Rule
Rule in
in Cases
Cases Filed
Filed before
before
MTCs/MCTCs
MTCs/MCTCs
d.
d. Cases
Cases Elevated
Elevated to
to the
the
When the prosecutor
When prosecutor assigned
assigned thereto
thereto or
or to
to the
the Sandiganbayan
Sandiganbayan and
and the
the
case is not available, the following may prosecute
case is not available, the following may prosecute Supreme Court
Supreme Court
the case:
the case: The Of
The Office of the
ce of the Ombudsman,
Ombudsman, through
through the
the
a. Offended party
a. Offended party Special Prosecutor,
Special Prosecutor, shall
shall represent
represent the
the People
Peopleof of
b. Any
b. Anypeace
peace ofofficer;
cer; or
or the Philippines,
the Philippines, except
except in
in cases
casesfiled
ledpursuant
pursuantto to
c. Public
C. Public ofofficer charged with
cer charged with the
the enforcement
enforcement EO Nos.
EO Nos. 1,2,
1,2, 14,
14, 14-A
14-A asas these
these are
are under
under the
the
of the
of the law
law violated
violated may
may prosecute
prosecute the
the case.
case. PCGG [Sec.
PCGG [Sec.4,4, P.D.
P.D. 1606,
1606, asas amended
amendedby by R.A.
R.A.
10660].
10660].

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e. Extent
e. Extentof
of Prosecutor's
Prosecutor’s Control
Control ii. The
The court
court must
must suspend
suspend
arraignment, upon
arraignment, upon motion
motion by by the
the
Prior to Filing
Filing After Filing
After Filing
proper party,
proper party, when
when aa petition
petitionfor for
review of the
review the resolution
resolution of of the
Matters which
Matters which are areTheThe following matters
following matters prosecutor is
prosecutor is pending
pending at at either
either
within the
within the control
control ofof are
arealready
already within
within the
the the DOJ,
the DOJ, or the the OP;
OP; provided,
provided,
the prosecutor:
the prosecutor: control of
control the court
of the court that the
that the period
period ofofsuspension
suspension
and no
and no longer
longer within
within shall not
shall not exceed
exceed 60 60 days
days counted
counted
a. What
a. Whatcase
case to
to file the discretion
le the discretion of
of the
the from the
from the filing
ling of of the
the petition
petition
b. Whom
b. Whom to
to prosecutor:
prosecutor: with the
with the reviewing
reviewing of office [Sec.
ce [Sec.
prosecute
prosecute 11(c), Rule
11(c), Rule 116];
116];
c. Manner
c. Manner of a.
of a. Suspension
Suspension of
of
iii.
iii. The court
The court must
must makemake its its own
own
prosecution
prosecution arraignment [Sec
arraignment [Sec independent
independent evaluation
evaluation or
or
d. Right
d. Right to
to withdraw
withdraw 1, Rule 116]
1, Rule 116] assessment of
assessment of the
the merits
merits of of the
the
information
information Granting
b. Granting aa case (e.g.
case on a
(e.g. on a motion
motion to to dismiss
dismiss
before
before reinvestigation
reinvestigation [should be to quash]).
[should be to quash]).
arraignment even
arraignment even [Levista
[Levista v.
v. Otherwise, there
Otherwise, therewill willbe be aa
without notice
without notice Alameda, G.R.
Alameda, G.R. violation
violation of the
of the privateprivate
and
and hearing
hearing No.
No. 182677
182677 complainant’s right
complainant's righttoto due due
[Crespo v.
[Crespo Mogul,
v. Mogul, (2010)]
(2010)] process and
process and erroneous
erroneous exercise
exercise
G.R.
G.R. No.
No. L-53373 c. Dismissal
L-53373 c. Dismissal of the
of the of judicial
of discretion [Martinez
judicial discretion [Martinezv.v.
(1987)]
(1987)] [Crespo v.
case (Crespo
case v. CA, [G.R.
CA, IG.R. No.
No. L-112387
L-112387(1994)](1994)]..
Mogul, G.R.
Mogul, G.R. No.
No.L-
L-
53373 (1987)]
53373 (1987)]
d. Downgrading
d. Downgrading of of g. Effect
9. Effectof
ofLack
Lack of
ofPresence
Presence of
of the
the offense
the offense or
dropping
dropping
accused
of
or
of
before
Fiscal
Fiscal

Although the
Although private prosecutor
the private prosecutor had
had previously
previously
accused before
plea [Sec.
plea [Sec. 14(b),
14(b), been authorized
been authorized to present the
to present evidence for
the evidence for the
the
Rule 110]
Rule 110] prosecution, the
prosecution, the absence
absence ofof the
the City
City Fiscal
Fiscalatat the
the
hearing means
hearing means thatthat the prosecution of
the prosecution of the case
the case
was NOT
was NOT under under thethe control
control of City Fiscal;
of the City Fiscal;
Once aa complaint
Once complaint oror information
information is is filed
led in court,
in court, thus, itit follows
thus, follows that
thatthe
the evidence
evidence presented
presented by by the
the
any disposition
any disposition of
of the
the case
case asas its
its dismissal
dismissal or or the
the private prosecutor
private prosecutor at said hearing
hearing could
could not
not be
conviction or
conviction or acquittal
acquittal of
of the
the accused
accused rests
rests on
on the
the considered as
considered as evidence
evidencefor forthe plaintiff [People
theplaintiff [Peoplev. v.
sound discretion
sound discretion of
of the
the court.
court. A A motion
motion to to dismiss
dismiss Beriales, G.R.
Beriales, G.R. No.
No. L-39962
L-39962(1976)]
(1976)]..
should be
should be filed
led with thethe court,
court, which
which has has the
the
option to
option to grant
grant or
or deny [Crespo v.
deny itit [Crespo v. Mogul,
Mogul, G.R.
G.R. However, ifif the
However, the prosecutor
prosecutor does
does appear
appear however
however
No. L-53373
No. L-53373 (1987)]
(1987)].. intermittently during
intermittently trial, then
during trial, then the
the evidence
evidence
presented by the private prosecutor
presented by the private prosecutor may may bebe
considered [Bravo
considered [Bravo v. CA, G.R.
v. CA, G.R. No.
No. L-48772,
L-48772,
f.f. Limitations
Limitations on
on the
the Court's
Court’s
(1992)].
(1992)].
Control
Control
i. The prosecution
The prosecution isis entitled
entitled to Note: OCA
Note: OCACircular
Circular No. 39-02[stating
No.39-02 in toto
[stating in toto Sec.
Sec.
notice of
notice of hearing;
hearing; 5, Rule
5, Rule 110,
110, as
as amended by A.M.
amended by A.M. No.
No. 02-
02- 2-07-
2-07-
SC]: However,
SC]: However, ininMTCs
MTCs or
or MCTCs when the
MCTCs when the
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prosecutor assigned
prosecutor assigned thereto
thereto or to the case
case
office
of [Sec. 11,
ce [Sec. ,
isis not
notavailable,
available, the
the offended
offended party, any
party, any 110]
Rule 1101
Rule
peace officer,
peace of cer, or public
public officer
of cer charged
chargedwith
with
the enforcement
the enforcement of
of the violated may
the law violated may *Note: In
*Note: In Manila
Manila and
and
prosecutethe
prosecute thecase.
case. This
This authority
authority shall
shall cease
cease
other chartered
other chartered cities,
cities,
upon actual
upon actual intervention
intervention of prosecutor or
of the prosecutor or the complaint
the complaint shall
shall be
be
upon elevation
upon elevation of
of the
the case
case to
to the
the RTC.
RTC.
filed
led with the
the office
of ceof of
the prosecutor
the prosecutor unless
unless
otherwise provided
otherwise provided inin
their charters.
their charters. [Sec.
[Sec.
COMPLAINT OR
3. COMPLAINT OR INFORMATION
INFORMATION 1(b), Rule
1(b), Rule 110]
110]

Oath Requirement
Oath Requirement
Complaint
Complaint Information
Information
Must
Must be
be "sworn,"
“sworn,” Requires no oath
Requires no oath
Definitions
De nitions
hence under
hence under oath
oath *Fiscal
*Fiscal ling the
filing the
A
A sworn
sworn written
written An
An accusation
accusation in
in information is
information
under the
under the oath
acting
is acting
oath of his
his
charging aawriting,
statement charging
statement writing, charging
charging a
a
person
person anperson
with an
with person with
with an
an office
of ce
offense, subscribed
offense, subscribed by offense, subscribed
by offense, subscribed by
by
the offended
the offended party,
party, the
the prosecutor
prosecutor andand Note: The
Note: The complaint
complaint contemplated
contemplated under
under Sec.
Sec. 3
any peace
any peace officer,
of cer, oror filed with the
led with the court
court differs from
differs from the
the complaint
complaint filed
led in the prosecutor’s
prosecutor's
other public
other public of
officer [Sec. 4,
cer [Sec. 4, Rule
Rule 110]
110] office
of for purposes
ce for purposes of
of preliminary
preliminary investigation.
investigation.
charged
charged with with thethe
enforcement ofof the
enforcement the a. Institution
a. InstitutionofofCriminal
CriminalOffenses;
Offenses;
law violated
law violated [Sec.
[Sec. 3,3, When
When aa Preliminary
Rule 110]
Rule 110] Investigation is
Investigation is Required
Required
Who Subscribes
Who
Offenses Requiring
Offenses Other Offenses
Other Offenses
Subscribed by:
Subscribed by: Subscribed by
Subscribed the
by the PI
PI
a. offended
a. offended party;
party; prosecutor
prosecutor
b. any
b. anypeace
peace of
officer; (Indispensable
cer;(Indispensable Nature of
Nature of Offense
or
or requirement).
requirement).
c. other
other officer
of cer Offenses where
Offenses where the Offenses where
the Offenses where the
the
c. penalty prescribed
prescribed by penalty prescribed
prescribed by
charged
charged with
with penalty by penalty by
enforcement
enforcement of
of law
law is
is at
at least
least 44law
law isis less
less than
than 4
the law
the law violated.
violated. years,
years, 2 2 months
months years,
years, 22 months,
months,
and 1 day [Sec. 1, and 1 day
Where filed
Where led Rue 1 day
Rule 112, iner , and 1 day
as amended
by A.M.
by A.M. No.
No. 05-8-26-
05-8-26-
May be
May be filed:
led: Filed with
Filed with the
the court
court SC]
SC]
a. InIncourt;
a. court; or
or
b.
b. The
The How Instituted
How
prosecutor’s
prosecutor's

33
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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL
REMEDIAL LAW
LAW

By filing
By ling the
the a.
a. Filed
Filed directly
directly
complaint withwith the with the
with the MTCS
MTCs d. Criminal
d. Criminal Cases
Cases Required
Requiredtoto be
be
appropriate officer
appropriate of cer and MCTCs; or Filed with Lupon
Filed with Lupon
and MCTCs; or
for PI
for PI[Sec.
[Sec. 1(a),
1(a), b. Filed
b. Filed with
with the
the
Rule 110]
Rule 110] of
officece of
of the
the GeneralRule:
General Rule:Offenses—
Offenses––
prosecutor [Sec.
prosecutor [Sec. 1.
1. Punishable
Punishable by imprisonment
by imprisonment not
not
1(b), Rule
1(b), Rule110]
110] exceeding one
exceeding one(1)
(1)year
yearororaa fine
ne not
not
c. In
In Manila
Manila and
and exceeding P5,000
exceeding P5,000 [Sec.
[Sec. 408(c), LGC];
408(c), LGC];
c.
other chartered
other chartered and
cities,
cities, the
the 2. Where
2. Wherethe
theparties
parties actually
actually reside
reside inin the
the
complaint shall
complaint shall be
be same city
same city or
or municipality.
municipality.
led with
filed with the
the
office of the
of ce of the Exceptions,when
Exceptions, [PGP-ODP]:
when [PGP-ODP]:
prosecutor
prosecutor 1. There
1. Thereisisno
noPrivate
Private offended
offended party
party [Sec.
[Sec.
unless otherwise
unless otherwise 408(d), LGC]
408(d), LGC]
provided in
provided their
in their 2. One
2. One party
party isis the
theGovernment
Government or any
or any
charters
charters [Sec.
[Sec. subdivision thereof
subdivision thereof [Sec.
[Sec. 408(a),
408(a), LGC];
LGC];
1(b), Rule
1(b), Rule 110]
110] 3. One
3. Oneparty
partyisisaaPublic
Public of
officer or employee,
cer or employee,
and
and thethe dispute
dispute relates
relates to to the
the
performance of
performance his Of
of his Official functions
cial functions
Effect of Institution
b. Effect Institution
[Sec. 408(b),
[Sec. 408(b), LGC];
LGC];
4. Parties
4. Partiesactually
actually reside
reside in
in Different
Different cities
cities
The institution
The institution of
of aa criminal
criminal action
action shall
shall interrupt
interrupt
or municipalities,
or municipalities, EXCEPT
EXCEPT where such
where such
the running
the running of of the
the prescription
prescription period
period of of the
the
barangays adjoin
barangays adjoin each
each other AND the
other AND
offense charged
offense charged UNLESS
UNLESS otherwise
otherwise provided
provided in in
parties
parties agree
agree to amicable settlement
to amicable settlement by by
special laws
special laws [Sec.
[Sec. 1,
1, Rule
Rule110].
110].
an appropriate
an appropriate lupon
lupon [Sec.
[Sec. 408(f), LGC];
408(f), LGC];
5. Accused
5. Accused is is under
under Police
Police custody
custody or
c. Falling
Falling under the Authority
under the of
Authority of
detention
detention
Lupon
the Lupon

While the
While the dispute
dispute isis under
under mediation,
mediation, conciliation
conciliation
arbitration, the
or arbitration, the prescriptive
prescriptive periods
periods shall
shall be
be
4. SUFFICIENCY
4. SUFFICIENCY OF
OF COMPLAINT OR
interrupted upon
interrupted uponthe thefiling
lingof
of the
the complaint INFORMATION
INFORMATION
withthe
with PunongBarangay
thePunong Barangay[Sec.
[Sec.410,
410,LGC].
LGC].
a. Content
a. ContentRequired
Required for
for Validity
Validity of
of an
Limitation: Interruption
Limitation: Interruption shall
shall not
not exceed
exceed6060 days
days Information[ADA-ODP]
Information [ADA-ODP]
from filing
from ling ofof complaint
complaint with
with the punong
the punong
barangay
barangay [Sec. 410(c), LGC].
[Sec. 410(c), LGC]. AA complaint
complaint or or information
information isis suf
sufficient
cient ifif itit states
states
the [Sec.
the [Sec. 6,
6, Rule
Rule110]:
110]:
The prescriptive periods
The prescriptive periods shall
shall resume
resume uponupon (1) Name
(1) Nameand andsurname
surnameofofthe theAccused;
Accused; or
receipt by the complainant:
receipt by the complainant: any appellation
any appellation or
or nickname
nickname by by which
which he he
(1) of the
(1) of the complaint
complaint oror or she
or she is
is known
known oror had
had been
been known;
known;
(2) the certi
(2) the certificate of repudiation
cate of repudiation oror -- When
Whenananoffense
offenseisiscommitted
committed
(3) ofofthe
(3) thecerti
certification to file
cation to action issued
le action issued by
by by more
by more than one person,
person, all all of
of
Lupon or
the Lupon
the or Pangkat
Pangkat Secretary
Secretary them shall
them shall bebe included
included in the
in the

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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL LAW
REMEDIAL LAW

complaint or
complaint or information
information [Sec.
[Sec. 6,
6,
The designation
The designation of
of the offense given
the offense given by
by the
the
Rule 110]
Rule 110]
statute must
statute must bebe stated
stated in the
the complaint
complaint or
or
(2) Designation
(2) Designationofofthetheoffense
offensegiven
given by the
the
information with
information with the averment of
the averment of acts
acts or
or
statute;
statute; omissions constituting
omissions constitutingthe
the offense
offense and
and the
the
(3) Acts
(3) Acts or
or Omissions
Omissions complained
complained of as as
attendant qualifying
attendant qualifying and
and aggravating
aggravating
constituting the offense;
offense;
circumstances.
circumstances. IfIf there is no
there is no designation
designation of of the
the
(4) Name
(4) Name of of the
the Offended
Offended party
party offense, reference
offense, reference shall
shall be
be made
made toto the
the section
section
(5) Approximate
(5) ApproximateDate Dateofofthe
thecommission
commission
or subsection
or subsection of
of the
the statute
statute punishing
punishing it.
it. [Sec.
[Sec.
the offense, and
of the and
8, Rule
8, Rule 110].
1101.
(6) Place
(6) Place where
where the
the offense
offense was
was committed

Enough to Describe
Enough to Describe with
with Suf cient
Sufficient
(1) Name of the
(1) Name the Accused
Accused Particularity
Particularity
Specificc acts
Speci acts of
of accused
accuseddo donot
not have
have to
to be be
The complaint
The complaint or information must
or information must state the described in
described in detail
detail in
in the information, as
the information, as itit is
name
name and surname of
and surname accused or
of the accused any
or any enough
enough that the offense
that the offense be
be described
described with
with
appellation or
appellation or nickname
nickname by
by which
which he
he has
has been
been sufficient
suf cient particularity
particularitytoto make
make sure
sure the
the
or is known.
known. accused fully
accused understands what
fully understands what he being
he is being
charged with
charged [Guy v.
with [Guy v. People,
People, G.R.
G.R. No.
No. 166794-
166794-
If his name
If his name cannot
cannot bebe ascertained,
ascertained, he
he must
must be
be 96 (2009)]
96 (2009)]..
described
describedunder
underaa fictitious
ctitious name
name with
with aa
statement that his
statement that his true
true name
name isis unknown.
unknown. Note: An
Note: An accused
accused cannot
cannot bebetried/convicted
tried/convicted forfor
estafa involving unfaithfulness/abuse
estafa involving unfaithfulness/abuse of
If the
the true
true name
name ofof the
theaccused
accused is
is thereafter
thereafter confidence
con dence ifif the information
information doesdoes not allege
allege
disclosed
disclosedby by him
him or appears in some
or appears some other
other the fiduciary relationship between
duciary relationship between parties
parties or
manner
manner to the court,
to the court, such
such name
name shall
shall be
be the transfer
the transfer of
of juridical
juridical possession
possession ofof property
property
inserted
inserted in complaint or information
in the complaint information andand to accused.
to accused. The The meremere allegation
allegation in the
in the
record [Sec.
record [Sec. 7,
7, Rule
Rule 110].
110]. Information
Information that the
that the accused
accused isis aa
"secretary/collector" of the
"secretary/collector" the complainant
complainant does does
John Doe
John Doe Informations
Informations not create the relationship
relationship ofof con
confidence
dence and and
When
When the information does
the information does not
not suf
sufficiently
ciently intimacy required
intimacy required in qualified
in quali ed theft; abuse
abuse of
describe
describe the accused and
the accused all are
and all are described
described asas confidence
con dence for qualified
for quali ed theft must be grave
theft must grave
“John Does,"
"John Does,” the arrest warrants against
against them
them [Homol V.
[Homol v. People,
People, G.R.
G.R. No.
No.191039,
191039,(2022)]
(2022)]..
are void
are [Pangandaman v.
void [Pangandaman Casar, G.R.
v. Casar, G.R. No.No.
71782
71782 (1988)]
(1988)].. Allegations in
Allegations in the
the complaint
complaintprevail:
prevail:
Over
•●Over the
the designationof
designation of the
the offense:
offense:
Mistake in the Name ofof the
the Accused
Accused •oTheThe facts,acts
facts, actsororomissions
omissions
Mistake
Mistake does
does not necessarily amount
not necessarily amount to
to aa alleged and not
alleged and not its
its title,
title,
mistake in
mistake in the
the identity
identity of
of the
the accused
accused especially
especially determine the
determine nature of
the nature of the
when suf
when sufficient evidence is adduced
cient evidence adduced to show
show crime. The
crime. The designation
designation is
is only
only
that the
that the accused
accused is is pointed
pointed to to as
as one
one of
of the
the the prosecutor's
the prosecutor’s conclusion
conclusion
perpetrators of
perpetrators of the crime [People v.
crime [People Amodia,
v. Amodia, [People v.
[People v. Magdowa,
Magdowa, G.R.
G.R. No.
No.
G.R.
G.R. No.
No. 173791
173791 (2009)]
(2009)].. 48457 (1941)]
48457 (1941)]
(2) the Offense
(2) Designation of the

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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL LAW
REMEDIAL LAW

•●Over
Overreference
reference to
to the
the section
section or elements have
elements have been
been proven
proven during
during trial.
trial.
subsection of
subsection of the punishing
the statute punishing Even a
Even a plea
plea of guilty
guilty will
will not
not cure
cure such
such
the crime:
crime: defect, nor
defect, nor justify conviction.
conviction.
•o What
What isiscontrolling
controlling and
and •● Qualifying
Qualifying and
and aggravating
aggravating
determines the
determines nature and
the nature and circumstancesThey
circumstances: : Theyarearenot
notconsidered
considered
character of
character of the
the crime
crime charged
charged evenififproven
even proven during
during trial [Viray v.
trial [Viray v. People,
People,
are the
are the facts
facts alleged
alleged in the
in the G.R. No.
G.R. No. 205180
205180 (2013)]
(2013)]..
information [Batulanon v.
information [Batulanon v. If aggravating
•oIf aggravating circumstances
circumstances
People,
People, G.R.G.R. No. No. 139857
139857 were not
were not alleged,
alleged, theythey can
can still
still
(2006)].
(2006)]. be the
be the basis
basis for forawarding
awarding
Accused
•●Accused maymaybebeconvicted
convictedof ofaa crime
crime more
more exemplary damages
exemplary damages under under Art.
Art.
serious than that named
serious named in in the
the title
title if such
such 2229 (by way
2229 way of of example
example or
crime is
crime is covered
covered byby the
the facts
facts alleged
alleged in in the
the correction for
correction public good)
for public good)
body
body of of the
the information
information and and its its [People v. Dalisay,
[People Dalisay, G.R.G.R. No.
No.
commission is
commission established by evidence
is established evidence 188106 (2009)]
188106 (2009)]. .
[Buhat v.
[Buhat v. CA,
CA, G.R.
G.R. No.
No. 119601
119601 (1996)]
(1996)]..
Note: The
Note: The failure
failure to
to allege
allege such
such cannot
cannot be
(3) Cause of
(3) Cause of the Accusation cured by
cured by an
an amendment
amendment of of the
the information
information
after the accused
accused entered [People v.
entered his plea [People v.
The acts or
The acts or omissions
omissions complained
complained of as
of as Antonio, G.R.
Antonio, G.R. No.
No. 142727
142727 (2002)]
(2002)]..
constituting the
constituting the offense
offense and
and the
the qualifying
qualifying and
and
aggravating circumstances must
aggravating circumstances must be be stated:
stated:
Rule
Rule on
on Negative
Negative Averments
Averments
In ordinary
•●In ordinary andand conciselanguage;
concise language; and
General
•●General Rule:
Rule: Wheneveran
Whenever anaccused
accused
•●NotNot necessarilyininthe
necessarily thelanguage
language used
used in
claims
claims to
to be
be within
within the
thestatutory
statutory
the statute;
statute; but
the but exception, it it
exception, is more
is morelogical
logical and
and
● In • Interms
termssufficient
suf cient toto enable
enable a a person
person
convenient that
convenient that he
he should
should aver
aver and prove
of common
common understanding
understanding to know
to know
than that
the fact than that the
theprosecutor
prosecutor should
should
what offense
what offense is
is being
being charged,
charged, asas well
well
anticipate such
anticipate such defense,
defense, and and deny
deny it
as its
as itsqualifying
qualifying andandaggravating
aggravating
[Cabrera v.v.Marcelo,
[Cabrera Marcelo, G.R.
G.R. Nos.
Nos. 157419-20
157419-20
circumstances [Sec.
circumstances [Sec. 9,9, Rule
Rule 110]
110]
(2004)].
(2004)].
Exception:
● Exception: Where
Where thethe exemptionsare
exemptions are so
Purposes of
Purposes of Requiring
Requiring Allegation
Allegation of Every
Every incorporated in
incorporated in the
the language
language defining
de ning thethe
Element:
Element:
crime that
crime that the
the ingredients
ingredients of the offense
offense
1. To
1. Toenable
enable the
the court
court totopronounce
pronounce
cannot be
cannot be accurately
accurately andand clearly
clearly set
set forth
forth
proper judgment
proper judgment
ifif the
theexemption
exemption were were omitted,
omitted, thethe
2.
2. To
To furnish
furnish the
the accused
accused with
with
indictment, to be
indictment, be suf
sufficient, must show
cient, must show
information as
information as to
to enable
enable him to make
make
that the
that theperson
person charged
charged does
does not fall
not fall
aa defense
defense
within the
within the exemptions [People v.
exemptions [People San
v. San
3.
3. As
As a aprotection
protection against
against further
further
Juan, G.R.
Juan, G.R. No.
No. L-22944
L-22944 (1968)]
(1968)]..
prosecution for the
prosecution for the same
same cause
cause
When habitual delinquency
delinquency isis alleged:
alleged:
Failure
Failure to
to allege:
The information must
The must specify:
specify:
•●Any
Anyofofthe
theelements
elements of
of the offense:
the offense:
1. Date
1. Dateofofthe
thecommission
commissionofof the
the previous
previous
Accused cannot
Accused cannotbe convicted of
be convicted the
of the crimes
crimes
offense charged,
offense charged, even
even ifif the
the missing
missing

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REMEDIAL LAW

2. The
2. Thedate
dateofoflast
lastconviction
conviction or
or release
release GeneralRule:
General Rule:ItItisisnot
notnecessary
necessary to state
state the
the
[People v. Venus,
[People Venus, G.R.
G.R. No.
No. 45141
45141 precise date
precise date the
the offense
offense waswascommitted.
committed.
(1936)]
(1936)] - The
Theoffense
offensemay
may be
be alleged
alleged to have
have
been committed
been committed on a date as near
near as
as
Where complexcrime
Where complex crimeis
is charged:
charged: possible to
possible to the actual date
the actual date of the
of the
Allegations do
Allegations do not necessarily have
not necessarily have toto charge
charge aa commission.
commission.
complex crime
complex crime as
as defined
de nedbybylaw.
law.ItIt is
is sufficient
suf cient
that the
that the information
information contains
contains allegations
allegations which
which Exception:When
Exception: Whenititisisan
anessential
essential element
element of
of
show
show that one offense
that one offense was
was aa necessary
necessary means
means the offense
the offense (e.g., abortion,
abortion, bigamy)
bigamy) [Sec.
[Sec.11,
11,
to commit
to commit thethe other [People v.
other [People v. Alagao,
Alagao, G.R.G.R. No.
No. Rule 110].
Rule 110].
L-20721
L-20721 (1966)]
(1966)]..
Variance
Variance between
between the
the alleged
alleged date
date and
and
(4)
(4) Name of the Offended Party the one
one proven
proveninintrial
trial
•● General
General Rule:
Rule: Allegation in an
Allegation in an
The complaint
The complaint or
or information must state:
information must state:
information
information of of aa date
date different
different from the
● •The
Thename
nameand
and surname
surname of person
of the person
one
one established
established during
during trial
trial is
is not
not fatal to
fatal to
against
against whom
whom or or against
against whose
whose property
property
the prosecution.
the prosecution. ItIt is is just
justdeemed
deemed
the offense
the offense was
was committed;
committed; oror
supplanted
supplanted by evidence presented
by evidence presented during
during
Any
•●Any appellation orornickname
appellation nickname by by which
which
trial or
trial or may
may even
even be be corrected
corrected by by a
a formal
formal
such
such person
person has
has been
been or
or is known.
is known.
amendment of the information.
amendment information.
Exception:
•● Exception: FatalFatal when
when discrepancy is
discrepancy is so
so
If there
If there is is no
no better
better way way ofof identifying
identifying himhim,, he
he
great
great that itit induces
induces thethe perception
perception that
must be be described
described under under aa fictitious
ctitious name.
must name. information and the
the information the evidence
evidence are no
In crimes
•●In crimes againstproperty,
against property,ififthe
the name
name
longer
longer pertaining
pertaining to one and
to one and thethe same
same
of the offended party party isis unknown,
unknown, the the
offense.
offense. The defective allegation
The defective allegation in the
in the
property must be described described with
information is
information is struck
struck down
down for for violating
violating
such particularity
such particularity as as to
toproperly
properly
the right of of the
the accused
accused to to bebe informed
informed
identify
identify the the offense
offense charged.
charged.
[People v.
[People v. Del
Delfin, G.R. No.
n, G.R. No. 201572
201572(2014)]
(2014)]
If the
•● If the truetrue nameofofthe
name theperson
person against
against
whom or
whom or against
against whose
whose property
property the
While failure
While failure of an
an information
information to specify
specify the
offense was
offense was committed
committed is thereafter
thereafter
exact date/time
exact date/timeof of the
the alleged
alleged rape
rape is not ipso
is not ipso
disclosed or
disclosed or ascertained,
ascertained,the the court
court
facto defective,
facto defective, an
an information
information that
that alleges
alleges that
that
must cause such such true
true name
name to to be
the rape
the rape occurred
occurred sometime
sometime between
between aa span
span of
of
inserted in
inserted in thethe complaint
complaint or or
years (1995-1999
years (1995-1999ininthis
this case)
case) is
is subject
subject to
to
information
information and and the
the record.
record.
quashal. [People
quashal. [People v.
v. XXX,
XXX, G.R.
G.R. No.
No. 231386,
231386,
If the
●If the offendedparty
offended party isis aajuridical
juridical
(2022)].
(2022)].
person, itit is
person, sufficient
is suf cienttoto state
state its
name, or any name name or or designation
designation (6)
(6) Place
Place of
ofCommission
Commission
which it is
by which is known
known or or may
may be
identified,
identi withoutneed
ed, without need ofof averring
averring General Rule:The
General Rule: Thecomplaint
complaint or
or information
information is
is
that itit isisaajuridical
that juridical person.
person. [Sec.
[Sec. 12, sufficient
suf cient ifif itit can
can be
be understood
understood from
from its
Rule 110]
Rule 110] allegations that the offense
allegations offense was committed
committed or
some of
some of its
its essential
essential ingredients
ingredients occurred
occurred at
(5)
(5) Date
Date of
of Commission
Commission some place
some place within
within the
the jurisdiction
jurisdiction of
of the
the court.
court.

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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL LAW
REMEDIAL LAW

b. Courttrying
b. Court tryingthe
thecase
casehashas no
no Jurisdiction
Jurisdiction
Exception:IfIfthe
Exception: theparticular
particularplace
place where
where itit was
was
over the
over the offense
offense charged
charged
committed constitutes
committed constitutes an
an essential
essential element
elementof of
c. Criminal
c. Criminal Action
Action or or Liability
Liability has
has been
been
the offense
the offense charged
charged or necessary for
or is necessary for its
its
Extinguished
Extinguished
identification
identi [Sec. 10,
cation [Sec. 10, Rule
Rule 110].
110].
d. Accused
d. Accusedhas hasbeenbeenpreviously
previously Convicted,
Convicted,
or ininJeopardy
or Jeopardy of of being
being convicted,
convicted, or
b. Form
b. Form Required
Required for Validity Acquitted of
Acquitted of the
the offense
offense charged
charged [Sec.
[Sec. 9,
9,
(1) In
(1) Inwriting
writing Rule 117]
Rule 117]
(2) In
(2) In the
the name
name of
of the
the People
People of
of the
the
Philippines
Philippines Objections
Objections relating
relating to
to the
the form
form ofof the
the complaint
complaint
(3)Against
(3) Against all
all persons
persons responsible
responsible for
for the or information
or information cannot
cannot be made
made for the firstrst time
offense involved
offense involved [Sec.
[Sec. 2,
2, Rule
Rule110]
110] on appeal.
on appeal. The
The accused
accused should
shouldmove
movefor for aabill
bill of
of
particulars or for quashal
particulars quashal of information
information before
before
c.
c. Test
Test for
for Suf ciency of
Sufficiency of the
the arraignment, otherwise
arraignment, otherwise he he is deemed to
is deemed have
to have
Information waived his
waived his objections
objections toto such defect [People
such aa defect [Peoplev.v.
Teodoro, G.R. No. 172372 (2009)]
Teodoro, G.R. No. 172372 (2009)]. .
Whether the crime
Whether crime is
is described
described in
in intelligible
intelligible
terms with
terms with such
such particularity
particularity as apprise the
as to apprise the
accused, with
accused, with reasonable
reasonable certainty,
certainty, of
of the
the offense
offense 5. DUPLICITY
5. DUPLICITYOF
OFOFFENSE
OFFENSE
[Lazarte v.
charged [Lazarte
charged v. Sandiganbayan,
Sandiganbayan, G.R.G.R. No.
No.
180122
180122 (2009)]
(2009)].. Definition
De nition

GeneralRule:
General Rule:AA defectiveinformation
defective information cannot
cannot Duplicity
Duplicity of
of the
the offense
offense isis the
the joinder
joinder of
of two or
support
support aa judgment of conviction.
judgment of conviction. separate and
more separate and distinct
distinct offenses
offenses in
in one
one and
and
the same
the same information
information or complaint [Loney
or complaint [Loney v.v.
Exception: Wherethe
Exception: Where thedefect
defectininthe
the information
information People, G.R.
People, G.R. No. No. 152644 152644 (2006)].
(2006)].
was cured
was cured by evidence during
by evidence during the
the trial
trial and
and no
no
objection appears
objection appears to have been
to have raised [Abunado
been raised [Abunado General Rule:
General Rule: A Acomplaint
complaintor
orinformation
information must
v. People,
v. People, G.R.
G.R. No.
No. 159218
159218(2004)]
(2004)].. charge only
charge only one
one offense.
offense.

d. Waiver
Waiver of
of Objection
Objection to
to Suf
Sufficiency
ciency Exception:Multiple
Exception: Multipleoffenses
offenses may
may be be charged
charged
when the
when the law
law prescribes
prescribes aa single
single punishment
punishmentfor for
GeneralRule:
General Rule:AnAn accusedisisdeemed
accused deemed to have have various offenses
various offenses [Sec.
[Sec. 13,
13,Rule
Rule110]:
110]:
waived this
waived this right ifif said
said accused
accused fails
fails to object
object a. Complex
a. Complex crimes
crimes
upon his
upon his or her arraignment
arraignment or or during
during trial.
trial. In
In •● E.g.,
E.g., ActsActs committed
committed in in
either case,
either case, evidence
evidence presented
presented during
during trial can
trial can furtherance of
furtherance rebellion are
of rebellion are
cure the
cure the defect
defect in the the Information [Corpuz v.
Information [Corpuz crimes
crimes in in themselves
themselves but but
People,
People, G.R.
G.R.No.
No. 241383
241383(2020),
(2020), citing
citing Frias
Frias v.v. absorbed in
absorbed in the
the single
single crime
crime of
of
People,
People, G.R.
G.R.No.
No.171437
171437(2007)]
(2007)].. rebellion [Enrile v.
rebellion [Enrile v. Salazar,
Salazar, G.R.
G.R.
No. 92163
No. 92163 (1990)]
(1990)]..
Exception: When the defect refers to any
Exception: When any NoteNo
•●Note: : Nomore morecomplexing
complexing of of
of
of the following [OJ-AL-CJA]:
following [OJ-AL-CJA]: quasi-offenses under
quasi-offenses underArt.
Art. 365,
365,
a. Facts charged
a. Facts charged do not constitute
do not constitute an
an RPC [Ivler
RPC v. San
[Ivler v. San Pedro,
Pedro, G.R.
G.R.No.
No.
Offense
Offense 172716 (2010)]
172716 (2010)]. .
b. Special
b. SpecialComplex
Complex Crimes
Crimes

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CRIMINAL PROCEDURE
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c. Continuous crimes
c. Continuous crimes
Formal
Formal Substantial
Substantial
Requisites:
• Requisites:
●
Amendment
Amendment Amendment
Amendment
(1) Plurality of
(1) Plurality of acts acts
performed separately
performed separately Definition
De nition
during aa period
period of
oftime;
time;
(2) Unity
(2) Unity of
of penal
penal provisions
provisions This merely
This merely states
states This
This consists
consists of the
of the
violated;
violated; something which
something which isisrecitalof
recital of facts
facts
Unity of
(3) Unity of criminal
criminal intent
intent already contained
already contained in constituting
in constituting the
the
[People v.
[People Ledesma,
v. Ledesma, the
the original offense
original offense charged
charged and
and
G.R. No.
G.R. No. L-41522
L-41522 information
information with
with determinative
determinative of the
of the
(1976)]
(1976)] additional precision,
additional precision,jurisdiction
jurisdictionofof the
the
d.
d. Crimes
Crimes susceptible
susceptible of being
of being and which,
and which, therefore
therefore court [Teehankee v.
court [Teehankee v.
adds nothing
nothing essential Madayag, G.R. No.
•The allegations in the
committed in various modes
modes adds essential Madayag, G.R. No.
● The allegations in the for conviction
for conviction for
for the 103102 (1992)]
the 103102 (1992)]
information would
information would be regarded
regarded crime
crime charged
charged
as a description of only
as a description of only one one [Gabionza v.
[Gabionza CA, G.R.
v. CA, G.R.
offense and
offense information isis not
and information not No. 140311
No. 140311(2001)]
(2001)]
defective [Jurado
rendered defective
rendered [Jurado v.v.
Suy Yan,
Suy Yan, G.R.
G.R. No.
No. L-20714
L-20714
GeneralRule:
General Rule: Beforeaccused
Before accusedenters
enters his plea,
plea,
(1971)]
(1971)]..
formal or
formal or substantial
substantial amendment
amendment may
may be
be made
made
e. Crimes
e. Crimes ofof which
which another
another offense
offense is
is without leave
without leave of court [Sec.
of court [Sec. 14,
14, Rule
Rule 110].
110].
an ingredient
ingredient
f. When
Whenaa single
single act violates
violates different
different
Exception:
Exception: If If
thethe amendmentdowngrades
amendment downgrades the
[Loney v.v. People,
statutes [Loney People, G.R.
G.R. No.
No.
nature of
nature of the
the offense
offense charged
charged in,
in, or
or excludes
excludes any
any
152644
152644(2006)]
(2006)]
accused from,
accused the complaint/information,
from, the complaint/information, it can
it can
made only
be made only
a. Upon
a. Uponmotion
motionof ofthe
theprosecutor
prosecutor
6. AMENDMENT
6. AMENDMENT OR SUBSTITUTION b. With
b. Withnotice
noticetotothe
theoffended
offended party
party and
and
OF COMPLAINT
COMPLAINT OR
ORINFORMATION
INFORMATION c. With
c. Withleave
leave of
of court
court

a. Amendment
a. Amendment i.i. Formal
Formal Amendments
Amendments
change in either
A change either the form or substance
substance ofof the
the After arraignment,
After arraignment, amendment
amendment as as to can
to form can
same offense
same offense in
in the
the Information.
Information. It
It is not a new
new only be
only be made
made under
under two
two conditions:
conditions:
charge; itit just
charge; just supersedes
supersedes the
the original
original a. With
a. Withleave
leave of
of court;
court; and
and
Information but
Information but relates
relates back
back to the date
to the date at
at which
which b. It It
b. doesnot
does notcause
causeprejudice
prejudice to
to the
the rights
the original
the original information
information was led [Teehankee
was filed [Teehankee Jr.
Jr. of the
of the accused
accused [Sec
[Sec 14,
14, Rule
Rule110]
110]
v. Madayag, G.R.
v. Madayag, G.R. No.
No. 103102
103102 (1992)]
(1992)]..
ii.ii. Substantial
Substantial Amendments
Amendments
Not all
Not all defects
defects in in an
an information may be
information may be cured
cured by
by
an amendment.
an amendment. An Information which is void ab General Rule:
Rule:
initio cannot
initio cannot be be amended
amended to to obviate
obviate aa ground
ground for
for a. Amendment
a. Amendmentasastotosubstance
substance at
at this
this stage
stage
quashal. An
quashal. An amendment
amendment which which operates
operates toto vest
vest the case
of the case isis proscribed [People v.
proscribed [People
jurisdiction isis impermissible
jurisdiction [Leviste v.
impermissible [Leviste Alameda,
v. Alameda, Zulueta, G.R.
G.R. No.
Zulueta, No. L-4017
L-4017 (1951)
(1951) since
since itit
G.R.
G.R. No.
No. 182677
182677 (2010)]
(2010)].. violates the
violates accused’s right
the accused's right toto be
be
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REMEDIAL LAW

informed of
informed of the
the nature
nature and
and cause
cause of
of the
the Limitations of Substitution
Substitution
accusation during
accusation duringhis plea [Buhat
his plea [Buhat v. a. AtAtany
a. anytime
timebefore
before judgment
judgment [Sec.
[Sec. 14,
14,
People,
People, G.R.
G.R.No. No.119601
119601(1996)] .
(1996)]. Rule 110]
Rule 110]
b. It It
b. violatesthe
violates therule
ruleon
ondouble
double jeopardy.
jeopardy. b. The
b. Theaccused
accused cannot
cannot be
be convicted
convicted of
of the
offense charged
offense charged oror of
of any
any other
other offense
offense
Exception: Amendmentmay
Exception: Amendment maybe
be allowed
allowed if it is necessarily included
necessarily includedtherein
therein [Sec.
[Sec. 19,
19,
beneficial
bene to the
cial to the accused [People v.
accused [People Janairo, G.R.
v. Janairo, G.R. Rule 119]
Rule 119]
No. 129254
No. 129254 (1999)]
(1999)].. c. The
c. Theaccused
accused would
would not
not be
be placed
placed in
double jeopardy
double jeopardy [Sec.
[Sec. 14,
14, Rule
Rule110]
110]
iii.
iii. Test Whether
Test Whether an
an Amendment
Amendment is
is
Formal
Formal

Amendment isisFORMAL
Amendment FORMALif: if: Variance between Allegation and Proof
a. A defense under theoriginal
a. A defense under the original information
information Variance
Variance Consequence
Consequence
would be
would be equally
equally available
available after
after the
amendment; and
amendment; When
When the
the offense
offenseThe
Theaccused
accused will
will be
be
b. The
Theevidence
evidencethetheaccused
accused might
might have
have proved is
proved is LESS than convicted
LESS than convicted ofof the
the
would
would bebe equally
equally applicable
applicable in one form
in one form the offense
the offense charged
charged offense proved
offense proved [Sec .
[Sec.
as in
as in the
the other [People v.
other [People v. Degamo,
Degamo, G.R. G.R. 4, Rule
4, Rule 120]
120]
No.
No. 121211
121211 (2003),
(2003), citing
citing Teehankee
Teehankeev.v.
Madayag,
Madayag, G.R.
G.R. No.
No.103102
103102(1992)]
(1992)]..
When
When the
the offense
offense The
The accused
accused will be
will be
proved is
proved GREATER convicted
is GREATER convicted ofof the
the

Substitution
b. Substitution than
than the
the offense
offense offense charged
offense charged [Sec.
[Sec.
charged
charged 4, Rule
4, Rule 120]
120]
When
When it becomes
becomes manifest
manifest at time before
at any time before
When the
When the offense
offense The
The case
case should
should be
be
judgment that
judgment that aa mistake
mistake has
has been
been made
made in
charging the
charging proper offense
the proper offense and
and the
the accused
accused
proved
proved isis dismissed,
dismissed, and a new
new
DIFFERENT
DIFFERENT and
and Information
Informationshould
should be
be
cannot be
cannot be convicted
convicted of offense charged
of the offense charged or
or
NOT NECESSARILY
NOT NECESSARILY led,
filed, charging
charging the
the
other offense
any other offense necessarily
necessarily included
included therein,
therein,
accused shall
the accused shall not discharged ifif there
not be discharged there
INCLUDED
INCLUDED or
or proper
proper offense
offense [Sec.
[Sec.
INCLUDES
INCLUDES the
the 14,
14,Rule
Rule 110].
110].
appears good
appears good cause
causeto
to detain
detain him.
him.
offense charged
offense charged

- Insuch
In such case,
case, the
the court
court shall
shall commit
commit the
the
accused to
accused to answer
answer for
for the
the proper
proper offense
offense
and dismiss
and dismiss the original
original case
case upon
upon the
the
filing
ling ofof the
the proper
proper information
information [Sec.
[Sec. 19,
19,
Rule 119,
Rule 119, ROC].
ROC].

c. Amendment
c. Amendment and
and Substitution
Substitution Distinguished
Distinguished
[Teehankee Jr.
[Teehankee Jr. v.
v. Madayag,
Madayag, G.R.
G.R. No.
No.103102,
103102,(1992)]
(1992)]

Amendment
Amendment Substitution
Substitution

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Applicability
Applicability The same
The sameoffense
offenseinin the
the attempted
attemptedoror Involves
Involvesdifferent
different offense
offense
frustrated
frustrated stage;
stage; offense
offense which
which
necessarily includes
necessarily includes or is necessarily
or is necessarily
included in
included in the
the offense
offense charged.
charged.

Scope
Scope Formal or
Formal or substantial
substantial changes
changes Substantial Changes
Substantial Changes

Necessity ofof
Necessity Amendment before
Amendment before plea may be
plea may be made Must always
made Must always be
be with
with leave
leave of
of court
court
Leave of
Leave of Court
Court without leave
without leave of
of court
court

Necessity of
Necessity When amendment
of When amendment is is only
only as
asto
toform
form,, no Another PI
no Another PI is
is entailed
entailed and
and accused
accusedhas
has
new PI and
and new need for
new need for another
another PI
PI and
and retaking
retaking of
of plea toplead
plea to plead anew
anew
plea
plea

Offense
Offense The amended
The amended information
information refers
refersto
to the Involves aa different
the Involves different offense
offense which
which does
does
Involved
Involved same offense
same offense charged
charged in the original
in the original not
notinclude
include those
those provided
provided inin the
the
information or
information an offense
or to an offense which
which is original charge;
is original charge; cannot
cannot invoke
invoke double
double
included in
included the original
in the original charge;
charge; can
can jeopardy
jeopardy
invoke double
invoke double jeopardy
jeopardy

Double Jeopardy Can


Double Jeopardy Can bebe invoked
invoked only only ifif the
the new
new Cannot
Cannot be invoked.
invoked.
as Defense
Defense information is
information is aa substantial
substantial amendment
amendment - Substitution
Substitutionpresupposes
presupposes that
that
and itit was
and was done
done after
after the
the plea
plea the new
the new information
information involves
involves aa
different offense
different offense which
which does
does
not include
not include or
or is
is not
not included
includedinin
the original
the original charge.
charge.

VENUE OF
7. VENUE OFCRIMINAL
CRIMINALACTIONS
ACTIONS

General Rule:
Rule:
The venue
The venue of of criminal
criminal cases
cases is
is jurisdictional.
jurisdictional. In all criminal
In all criminal prosecutions,
prosecutions, the
the action
action must
must be
be instituted and
instituted and
tried in
tried in the
the courts
courts ofof the
the municipality
municipality or or territory where:
territory where:
a. The
a. Theoffense
offense waswas committed;
committed; or or
b.Any
b. Any
ofof
itsits essentialingredients
essential ingredientsoccurred
occurred [Sec.
[Sec. 15(a),
15(a), Rule
Rule 110].
110].
Exceptions:
Exceptions:
Exceptions to Venue

Crime
Crime Venue
Venue

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Felonies under
Felonies underArt. Proper court
Art. Proper court where
where criminal
criminal action
action was
was first
rst filed
led [Sec.
[Sec. 15,
15, Rule
Rule 110]
110]
2, RPC
2, RPC

Those committed
Those committed InInthe
thecourt
courtofofany
anymunicipality
municipalityor
orterritory
territorywhere
where such
such train, aircraft,
aircraft, or other
or other
on aa railroad
on railroad train,
train,vehicle
vehicle passedduring
passed duringitsitstrip,
trip,including
includingplace
placeofofdeparture
departureand
and arrival
arrival [Sec.
[Sec. 15,
15, Rule
Rule
aircraft, or any
aircraft, or any 110]
110]
other
other public
public or
or
private vehicle
private vehicle in
in
the court
the court of
of its
its trip
trip

Those committed
Those committed InInthetheproper
propercourt
courtofofthe
the first portofofentry
rst port entryororofofany
anymunicipality
municipality or
or territory
territory
on board
on board a vessel
vessel through
throughwhich
whichsuch
such vessel
vessel passed
passed during
during its voyage,
voyage, subject
subject to the generally
to the generally
in the
in the course
course of
of its acceptedprinciples
its accepted principles of
of international
international law
law [Sec.
[Sec. 15,
15, Rule
Rule110]
110]
voyage
voyage

Piracy
Piracy May be
May be instituted anywhere [People
instituted anywhere [People v.
v. Lol-lo
Lol-lo and
and Saraw,
Saraw, G.R.
G.R.No.
No.17958
17958(1922)]
(1922)]

Libel
Libel IfIfone
one of
of the
the offended is aa private
offended parties is private individual
individual::
a. Where
a. Wherethe
thelibelous
libelousarticle
article is
is printed
printed and
and first published,or
rst published, or
b. Where
b. Wheresaid
saidindividual
individual actually
actually resides
resides

IfIfone
one of
of the
the offended is aa public
offended parties is public official
of cial::
a. Where
a. Wherethetheofofficial holdsofoffice
cial holds ce atatthe
thetime
timeofofthe
the commission
commission of of the
the offense;
offense;
- If the office is in Manila, then CFI Manila.
If the
of office is any
the offer, one her opone
- If the ce is any other
other cityororprovince,
city province ,then
then file where he
le where he holds
holds
office.
of ce.
b. Where
b. Wherethethelibelous
libelousarticle
articleisisprinted
printed and
and first published.
rst published.

Note: If
Note: If the
the defamatory
defamatory statement
statement is is alleged
alleged to have been
to have been made
made through
through radio
radio or
or
TV broadcasts,
TV broadcasts, thethe private
private offended
offended maymay filele the
the criminal
criminal or civil action
or civil action in the RTC
in the RTC
of the
of the province
province or or city
city of:
of:
a. Where
a. Wherethetheradio
radioorortelevision
televisionstation
station where
where the
the broadcast
broadcast of the
the libelous
libelous
statement originated;
statement originated;
b. Where
b. Wheresaid
saidindividual
individualresided
resided atat the
the time
time the
theradio
radio or
ortelevised
televised broadcast
broadcast
was made
was [Tieng v.v.Palacio-Alaras,
made /Tieng Palacio-Alaras, G.R.
G.R. No.
No. 164845
164845 (2021)]
(2021)]..

Note
Note: : The
The same
same measure
measure cannot
cannot be reasonably expected
be reasonably expectedwhenwhen itit pertains
pertains to
defamatory
defamatory material
material appearing
appearing on on aa website
website on
on the
the internet
internet as
as there
there would
would be no
be no
way of
way of determining
determining the
the situs
situs of
of its
its printing
printing and
and first publication.Chaos
rst publication. Chaos would
would ensue
ensue
in situations
in situations where
where the
the website's
website's author or writer,
writer, aa blogger
blogger or
or anyone
anyone who posts
messages therein
messages therein could
could be
be sued
sued for
for libel
libel anywhere
anywhere inin the
the Philippines
Philippinesthat
that the
the private
private
complainant may
complainant may have
have allegedly
allegedly accessed
accessedthe the offending website [Bonifacio
offending website [Bonifacio v.v. RTC
RTC
of Makati,
of Makati, G.R.
G.R. No.
No. 184800,
184800, (2010)]
(2010)]..

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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL LAW
REMEDIAL LAW

Cases filed
Cases filed under Maybe
under May befiled
filed in
inthe
theplace
placewhere
where the
the check
check was
was dishonored or issued.
dishonored or issued.
B.P. 22
B.P. 22
In the
In the case
case of
of aa cross-check, in the
cross-check, in the place
place of
ofthe
thedepositary
depositary or
orcollecting bank[People
collectingbank [People
v. Grospe,
v. Grospe, G.R.
G.R.No.
No.L-74053-54,
L-74053-54,(1988)]
(1988)]

Illegal recruitment
Illegal recruitment The
Thevictim
victimhas
hasthe
theoption
option toto file the case
le the case in:
in:
cases (R.A.
cases (R.A. 8042
8042or
or a. His
a. Hisplace
placeof
of residence;
residence; or or
Migrant Workers
Migrant Workers b. The
b. Theplace
placewhere
wherethe thecrime
crimewas
wascommitted [Sto Tomas
committed [Sto Tomas v.v.Salac
Salac G.R.
G.R. No.
No.
Act)
Act) 152642 (2012)]
152642 (2012)]

Violations ofof RA RA
Violations RTCs RTCs
have have jurisdiction
jurisdiction overover
any any violation
violation of of theprovisions
the provisionsofof the
the Act,
Act, including
including any
any
10175 (Cybercrime
10175 (Cybercrime violation
violationcommitted
committedby
byaaFilipino
Filipinonational
nationalregardless
regardless of
of the
the place
place of
of commission
commission
Prevention Act
Prevention Act of
of [Sec.
[Sec. 21]
21]
2012)
2012)

In
In exceptional SCSC
exceptional has
has thethe power
power to to order
order a change
a change of of venue
venue or or place
place of of trial to
trial to avoid
avoid miscarriage
miscarriage
circumstances to
circumstances to ofofjustice
justice [Sec.
[Sec. 5(4), Art. VII, Constitution]
Constitution]
ensure aa fair
ensure fair trial
trial
and
and impartial
impartial
inquiry
inquiry

Transitory
Transitory or The
or The courtsofofthe
courts theterritories
territorieswhere
wherethe
theessential
essentialingredients
ingredients of
of the
the crime
crime took place
continuing
continuing have concurrent
have concurrent jurisdiction.
jurisdiction.
offenses
offenses - The
Therst first court
court taking
taking cognizanceofofthe
cognizance thecase
casewill
willexclude
exclude the others [People
the others [People
v. Grospe, G.R.
v. Grospe, G.R.No.
No.L-74053
L-74053(1988)]
(1988)]

False testimony
False testimony When
When the
the crime
crime is
is committed
committed through
through false
false testimony under oath in a proceeding
proceeding
and perjury
and perjury that is
that is neither
neither criminal
criminal nor
nor civil,
civil, the
the venue
venue is
is at
at the
the place
place where
where the
the testimony
testimony under
under
oath is given.
oath given.

IfIf the
the false
false statement
statement is is in:
in:
TheCerti
a. The
a. Certification AgainstForum
cation Against ForumShopping:
Shopping: Place
Place of execution.
execution.
b.A A
b. verified
veri pleading:Place
ed pleading: Placewhere
where pleading
pleading was
was submitted.
submitted.
c. AnAn affidavit
af davit. :
i. i. GeneralRule:
General Rule:Place
Place of
of execution.
execution.
ii. Exception:IfIfthe
Exception: theafaffidavit wereexecuted
davit were executedforforthe
thepurpose
purpose of
of giving
giving
testimony (such
testimony (such as
as judicial
judicial af
affidavit), place where
davit), place where testimony
testimony under
under
oath is given.
oath

IfIfininlieu
lieuof
ofor
oras
assupplement
supplement to to the
the actual
actual testimony
testimony made
made in a proceeding
proceeding that
that is
is
neither criminal
neither criminal nor
nor civil,
civil, aa written
written sworn
sworn statement
statement is
is submitted,
submitted, venue
venue may
may either
either
be at the place:
be place:
a. Where
a. Wherethethesworn
swornstatement
statement is is submitted; or
b. Where
b. Wherethetheoath
oath waswas taken.

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REMEDIAL LAW

Why? The
Why? The taking
taking of the oath
of the oath and
and the
the submission
submission are
are both
both material
material
ingredients of
ingredients of the
the crime
crime committed.
committed.

Inall
In allcases,
cases, determination
determination of venue
venue shall
shall be
be based
based onon the
the acts
acts alleged
alleged in
in the
the
Information to
Information to be
be constitutive
constitutive of
of the
the crime
crime committed [Union Bank
committed [Union Bank v.
v. People,
People, G.R.
G.R.
No. 192565
No. 192565(2012)]
(2012)].

Perjury charges
Perjury charges may
may lie
lie in the place
in the place where
where the false statement
the false statement isis made,
made, under
under Sec.
Sec.
10(a), Rule 110, in relation to Villanueva v. Secretary of Justice [Sy Tiong Shiouv.v.
10(a), Rule 110, in relation to Villanueva v. Secretary of Justice [Sy Tiong Shiou
Sy Chim,
Sy Chim, G.R.
G.R.No.
No.174168
174168(2009)]
(2009)]..

8. INTERVENTION
8. INTERVENTION OF
OF OFFENDED
OFFENDED 9. INJUNCTION
INJUNCTION IN
IN CRIMINAL
CRIMINAL
PARTY
PARTY CASES
CASES

General
General Rule:Rule: AnAnoffended
offendedparty
partyhas
has the
the right General Rule:InIncriminal
General Rule: criminalprosecution
prosecution and
and in
to intervene
to intervene inin the
the prosecution
prosecution ofof a
a crime,
crime, where
where cases under
cases under preliminary
preliminary investigation
investigation or
the civil
the civil action
action forfor recovery
recovery of civil liability
of civil liability is reinvestigation, injunction
reinvestigation, injunctionwill
willnot
notlie
lie to
instituted in the
instituted the criminal
criminal action
action [Sec.
[Sec. 16,16, Rule
Rule enjoin aa criminal
enjoin criminalprosecution
prosecutionfor
forthe
thereason
reason
110].
110]. that public interest
that public interest requires
requires that
that criminal
criminal acts
acts be
be
immediately investigated
immediately investigated and
and prosecuted
prosecuted for
for the
the
Note: Regardless
Note: Regardless of
of the
the intervention,
intervention, the
the protection of
protection of society
society [OCA
[OCA Circular
Circular No.
No.79-03].
79-03].
prosecution ofof the
prosecution the case
case isis still
still subject
subject to the
to the
control of
control of the
the prosecutor [Ricarze v.
prosecutor [Ricarze v. People,
People, G.R.
G.R. Exceptions: Specified
Exceptions: Speci cases among
ed cases among which
which are
are
No. 160451
No. 160451 (2007)]
(2007)].. to prevent
to prevent the
the strong
strong arm
arm of
of the law in
the law in an
an
oppressive and
oppressive and vindictive
vindictive manner,
manner, and and to afford
to afford
Exceptions: adequate
adequate protection
protection to constitutional rights.
to constitutional rights.
a. Where,
a. Where,from
fromthe
thenature
natureof
ofthe
thecrime
crime and the
the 1. To
1. To afford
afford adequate
adequate protection
protection to the
to the
law de
law defining and punishing
ning and punishing it, no civil
it, no civil liability
liability constitutional rights
constitutional rights of
of the
the accused;
accused;
arises in
arises favor of aa private
in favor private offended
offended party 2. For
2. Forthe
theorderly
orderlyadministration
administration of of justice
justice
(e.g. treason,
(e.g. treason, rebellion,
rebellion, espionage
espionage and and 3. ToTo
3. avoidoppression
avoid oppression or or multiplicity
multiplicity of
of suits
suits
contempt) [Rodriguez v.
contempt) [Rodriguez v. Ponferrada,
Ponferrada, G.R. G.R. 4. Where
4. Wheretherethereisisaaprejudicial
prejudicial question
question which
which
No. 155531-34
No. 155531-34 (2005)](2005)].. isis sub
sub judice
judice
b. Where,
b. Where,from fromthethenature
nature ofof the
the offense,
offense, thethe 5. Where
5. Whereacts acts ofof the
the of
officer are without
cer are without or or in
private offended
private offended partyparty isis entitled
entitled to civil
to civil excess of
excess of authority
authority
indemnity arising
indemnity arising therefrom,
therefrom, but but he
he has:
has: 6. When
6. Whenthe theprosecution
prosecution is is under
under anan invalid
invalid
i.i. Waived
Waived the
thesame;
same; law,ordinance
law, ordinance or or regulation
regulation
ii. Expressly reserved
Expressly reserved his his right
right toto 7. When
7. Whendouble
doublejeopardy
jeopardy is is clearly
clearly apparent
apparent
institute aa separate
institute separate civil action; 8. When
8. Whenthe thecourt
courthashasno
nojurisdiction
jurisdiction over
over the
or
or offense
offense
iii.
iii. Already instituted
Already institutedsuch such action
action 9. When
9. Whenit itisisa acase
caseofofpersecution
persecution rather
rather than
[Rodriguez v.
[Rodriguez Ponferrada, G.R.
v. Ponferrada, G.R. prosecution
prosecution
No. 155531-34
No. 155531-34(2005)](2005)] 10. Where
10. Where the the charges
charges are
are manifestly
manifestly false
false and
and
motivated by
motivated by vengeance
vengeance
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REMEDIAL LAW

11. Where
11. Where there is no prima facie
no prima facie case
case and
and a
motion to quash
motion quash on that ground
ground has
has been
been C. PROSECUTION
C. PROSECUTION OFOF CIVIL
CIVIL
denied
denied ACTION (RULE 111)
ACTION (RULE 111)
12. Where
12. preliminary injunction
Where preliminary has been
injunction has been
issued by
issued by the
the SC
SC to prevent the
to prevent the threatened
threatened
unlawful arrest
unlawful arrest of petitioners [Brocka
of petitioners [Brocka v.v. RULE ON
1. RULE ONIMPLIED
IMPLIED INSTITUTION
INSTITUTION
Enrile, G.R.
Enrile, G.R. No.
No.69863-65
69863-65(1990)]
(1990)]
OF CIVIL
OF CIVILACTION
ACTIONWITH
WITH CRIMINAL
CRIMINAL
13. To
13. Toprevent
prevent the
the use
use of
of the
the strong
strong arm
arm of
of the
the
law in
law inan
anoppressive
oppressive andand vindictive
vindictive manner
manner ACTION
[Hernandez v.
[Hernandez Albano, G.R.
v. Albano, G.R. No.
No. L-19272
L-19272
(1967)]
(1967)] GeneralRule:
General Rule: Thecivil
The civilaction
actionfor
for the
the recovery
recovery
of civil
of civil liability
liability arising
arising from
from the offense charged
the offense charged
Before
Before Arraignment
Arraignment isisdeemed
deemed instituted
instituted with
with the
the criminal
criminal action
action [Sec.
[Sec.
The criminal
The criminal casecase shall
shall bebe dismissed
dismissedwithout
without Rule 111].
3, Rule 111].
prejudice to
prejudice any civil
to any civil action
action that
that the offended
the offended
party
party may
may file against the
le against the estate
estate of of the
the Exception: Whenthe
Exception: When theoffended
offended party:
party:
deceased [Sec.
deceased [Sec. 4, 4, Rule
Rule111].
111].
a. Waives
a. Waivesthe
thecivil
civil action;
action;
After Arraignment
After Arraignment and and during
during Pendency
Pendency
of the
of the Criminal
Criminal Action
Action
b.
b. Reserves the right
Reserves the right to
to institute
institute itit
The separately before
separately before the
the prosecution
prosecution
The civil
civil liability
liability is is extinguished.
extinguished. But: But:
presents its
presents its evidence;
evidence;
a. An
a. Anindependent
independentcivil civil action
action enforcing
enforcing
c. Institutes
C. Institutes the the civil
civil action
action prior
prior to the
to the
liabilities under
liabilities under Arts.
Arts. 32,
32, 33,
33, 34,
34, 35
35
criminal action
criminal action [Sec.
[Sec. 1,1,Rule
Rule111];
111];
and
and 21762176 maymay be be continued against
continued against
d. AllAllcivil
d. civilactions
actionsbased
based on on Articles
Articles 32,
32, 33,
33,
the estate or
the estate or legal
legal representative
representative of of
34, and
34, and 2176
2176 of of the
theCivil
Civil Code
Code are
are NOT
NOT
the accused, after
the accused, after proper
proper
"deemed instituted,"
"deemed instituted," and
and may
may be be filed
led
substitution.
substitution.
separately and
separately and prosecuted
prosecuted independently
independently
b.If If
b. thethe civilaction
civil actionhas hasbeen
been reserved
reserved
even without
even without any any reservation
reservation in the
in the
and subsequently
and subsequently filed, led, the
the civil
civil action
action
criminal action
criminal [Casupanan v.
action [Casupanan Laroya,
v. Laroya,
shall
shall proceed
proceed after after substitution
substitution of of
G.R. No.
G.R. No. 145391,
145391,(2002)]
(2002)]..
parties
parties [Sec.[Sec. 4,4, Rule
Rule 111].
111].
During Appeal
During Appeal
Reference:
Reference:
Civil
Civil and
and criminal
criminal liabilities are extinguished
liabilities are extinguished
[People v. Alison, G.R. No. L-30612 (1983)]
[People v. Alison, G.R. No. L-30612 (1983)].. Art.32,
Art. 32,NCC.
NCC.Any
Anypublic
public of
officer or employee,
cer or employee,
or any
or any private
private individual,
individual, who
who directly
directly or
Note
Note:: Only
Only civil
civil liability ex delicto
liability ex delicto is
is indirectly obstructs,
indirectly obstructs, defeats,
defeats, violates
violates oror in any
in any
extinguished.
extinguished. A A separate
separate civil
civil action
action may
may bebe manner impedes
manner impedes or or impairs
impairs any
any of
of the
the following
following
instituted based
instituted based onon other
other sources
sources of of civil
civil rights and
rights and liberties
liberties of
of another
another person
person shall be
[People v.
liability [People
liability Culas, G.R.
v. Culas, G.R. No.
No.211166
211166 liable
liable to
to the latter for
the latter for damages:
damages:
(2017)]
(2017)]. .
(1) Freedom
(1) Freedom of religion;
After Judgment
After Judgment
(2)Freedom
(2) Freedom of of speech;
speech;
The civil
The civil liability
liability is
is not
not extinguished.
extinguished. Claims
Claims
shall
shall bebe filed
led against
against the the estate
estate ofof the
the (3) Freedom
(3) Freedom to write for the
to write the press
press or or to
accused under
accused under Rule
Rule 86
86 of
of the ROC [Sec.
the ROC [Sec. 5,
5, maintain aa periodical
periodicalpublication;
publication;
Rule 86].
Rule 86]. (4)
(4) Freedom
Freedom from arbitrary or illegal
from arbitrary illegal
detention;
detention;
(5) Freedom
(5) Freedom of of suffrage;
suffrage;

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REMEDIAL LAW

(6)
(6) The right against
The right against deprivation
deprivation of not
not been
been judicially
judicially declared
declared
property without
property without due due process
processof of law;
law; unconstitutional; and
unconstitutional; and
(7)The
(7) Theright
righttotoaajust
justcompensation
compensation when when (19)
(19) FreedomFreedomof ofaccess
access to
to the
the
private
private property
property is is taken
taken for for public
public use;
use; courts.
courts.
(8)The
(8) Theright
righttotothe
theequal
equal protection
protection of of the
the
laws;
laws; InInany
anyofofthe
thecases
cases referred
referred to in this article,
article,
(9)The
(9) Theright
righttotobebesecure
secure in in one's
one's person,
person, whether or
whether or not
not the
the defendant's
defendant's act or omission
omission
house, papers,
house, papers, and and effects
effects against
against constitutes a criminal
constitutes criminal offense,
offense, the aggrieved
aggrieved
unreasonable searches
unreasonable searches and and seizures;
seizures; party has
party has aa right
right totocommence
commence an an entirely
entirely
(10)
(10) The liberty
The liberty of of abode
abode and and of of separate and
separate and distinct
distinct civil
civil action
action for
for damages,
damages,
changing
changing the same; and for
and for other
other relief.
relief. Such
Such civil
civil action
action shall
shall
(11)
(11) The privacy
The privacy of of communication
communication proceed independently
proceed independently ofof any any criminal
criminal
andand correspondence;
correspondence; prosecution (if
prosecution (if the latter be
the latter be instituted),
instituted), and
and
(12)
(12) TheThe rightright to becomeaamember
to become member may be
may be proved
proved by by aapreponderance
preponderance of of
of associations
of associations or or societies
societies for for evidence.
evidence.
purposes not
purposes not contrary
contrary to to law;
law;
(13)
(13) The right
The right to to take
take part part inin a The indemnity
The indemnity shall
shall include
include moral
moral damages.
damages.
peaceable
peaceable assembly
assemblytoto petition petition the the Exemplary
Exemplary damages
damages may
may also
also be
be adjudicated.
adjudicated.
government for
government for redress
redress of grievances;
(14)
(14) The right
The right to to be be freefree from
from The responsibility
The responsibility herein
hereinset
setforth
forth isis not
not
involuntary servitude
involuntary servitude in any any form;
form; demandable
demandablefrom from aa judge
judge unless
unless his
his act
act or
(15)
(15) The right
The right of ofthe theaccused
accused omission constitutes
omission constitutes aa violation
violation of the
the Penal
Penal
against excessive bail;
against excessive bail; Code
Code or
or other
other penal statute.
penal statute.
(16)
(16) The right
The right of of the
the accused
accused to be
to be
heard by
heard by himself
himself and counsel, counsel, to to be Art.33,
Art. 33,NCC.
NCC.InIncases
cases of
of defamation,
defamation, fraud,
fraud,
informed of the
informed the nature
nature and and cause
cause of of and
and physical
physical injuries
injuries aa civil action for
civil action for damages,
damages,
the accusation
the accusation against
against him, him, to havehave a entirely separate and
entirely separate and distinct
distinct from the criminal
from the criminal
speedy and
speedy and public
public trial,
trial, to meet the
to meet action, may
action, may be brought
brought by injured party.
by the injured
witnesses face
witnesses face to face, and
to face, and to have have Such civil
Such civil action
action shall
shall proceed
proceed independently
independently ofof
compulsory process
compulsory processtoto secure secure the the criminal
the criminal prosecution,
prosecution, and and shall
shall require
require only
only
attendance of witness in his
attendance his behalf;
behalf; aa preponderance
preponderance of evidence.
of evidence.
(17)
(17) Freedom from
Freedom from being
being
Art. 34,
Art. 34,NCC.
NCC. When
When aa member
member of
of aa city
city or
compelled to
compelled to be be aa witness
witness againstagainst
municipal police
municipal police force
force refuses
refuses or
or fails
fails to
to render
render
one's self,
one's self, or fromfrom beingbeing forced
forced to
aid or
aid or protection
protection to any any person
person in case of
in case of
confess guilt,
confess guilt, or
or from
from being
being induced
induced by by
danger to life
danger life or
or property,
property, such
such peace
peace ofofficer
cer
aa promise
promise of immunity
immunity or reward to
or reward
shall be
shall be primarily
primarily liable
liable for damages,
damages, and and the
make such
make such confession,
confession, except except when
city or
city ormunicipality
municipality shallshall bebesubsidiarily
subsidiarily
the person
the person confessing
confessing becomes
becomes aa State State
responsible therefor.
responsible therefor. TheThe civil action
action herein
herein
witness;
witness;
recognized
recognized shall
shall be
be independent
independent ofof any
any criminal
criminal
(18) Freedom
(18) Freedom
fromfrom excessive fines,
excessive nes,
proceedings, and
proceedings, and aa preponderance
preponderance of evidence
of evidence
or cruel
or cruel and andunusual
unusual punishment,
punishment,
shall suf
shall suffice
ce to support such action.
action.
unless the
unless same is
the same is imposed
imposed or or inflicted
in icted
ininaccordance
accordance with a statute which has
Art.2176,
Art. 2176,NCC.
NCC.Whoever
Whoeverby byact
actor
oromission
omission
causes damage
causes damage to
to another,
another, there
there being
being fault
fault or
or

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CRIMINALPROCEDURE
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REMEDIAL LAW

While the issuance


While issuance ofof aa bouncing
bouncing check
check
negligence, isis obliged
negligence, obliged to
to pay
pay for the damage
for the damage
may result in two
may two separate
separate andand distinct
distinct
done. Such
done. Such fault negligence, ifif there
fault or negligence, there is
is no
crimes of estafa
crimes estafa and
and violation
violation of of BP
BP 22,
22,
pre-existing contractual
pre-existing contractual relation
relation between
between thethe
in prosecutions
in prosecutions for estafa,
estafa, the offended
offended
parties, is
parties, is called
called a
a quasi-delict
quasi-delict and
and is
is governed
governed
party may
party may reserve
reserve thethe right
right toto file
le a
by
by the provisions of
the provisions this Chapter.
of this Chapter.
separate civil
separate civil action,
action, but
but this
this is
is prohibited
prohibited
in claims
in claims arising
arising from
from BP BP 2222 [Heirs
[Heirsofof
Simon v.
Simon Chan, G.R.
v. Chan, G.R. No.
No.157547
157547(2011)]
(2011)]..
2. RESERVATION
2. RESERVATION OF
OF RIGHT
RIGHT TO
TO FILE
FILE
ACTION
CIVIL ACTION (2) Cases cognizable
(2) Cases cognizable by
by the
the Sandiganbayan
Sandiganbayan
[Sec. 4,
[Sec. 4, P.D.
P.D. 1606,
1606, as
as amended
amended by
by R.A.
R.A.
10660]
10660]
a. When
a. WhenReservation
Reservation Shall
Shall be
be Made
Made
(1) Before
(1) Before the
the prosecution
prosecution starts
starts to
to present
present
(3)Tax
(3) Taxcases
cases [Sec.
[Sec. 7(b)(1),
7(b)(1), RA
RA 9282]
9282]
its evidence;
its evidence; and
and
(2) Under
(2) Under circumstances
circumstances affording the
affording the
Note: In
Note: In such
such cases,
cases, only
only the
the civil
civil liability
liability
offended party
offended party aa reasonable
reasonable opportunity
opportunity
arising from
arising from the
the crime
crime charged
charged (cause
(causeof of
to make
to make such
such aa reservation
reservation [Sec.
[Sec. 1(2),
1(2),
action arising
action arising from the delict) is deemed
deemed
Rule 111].
Rule 111].
[Sarmiento v.
instituted [Sarmiento
instituted CA, G.R.
v. CA, G.R. No. No.
122502 (2002)].
122502 (2002)].
Note: Failure
Note: Failure of
of the court to adjudge
the court adjudge asas to civil
liability amounts
liability amounts to the reservation
reservation of
of the
the right
right to
to
a
a separate civil action.
separate civil action.
d.
d. Separate Action Filed
Separate Action Filed by
by the
the
Accused
Accused
Effectof
b. Effect ofReservation
Reservation of Right
Right
No counterclaim,
No counterclaim, cross-claim
cross-claim or third-party
or third-party
The prescriptive
The prescriptive period
period of
of the civil action
the civil action that was
that was complaint may
complaint may be
be filed
led by accused in
by the accused in the
the
reserved shall
reserved shall be
be tolled
tolled [Sec.
[Sec. 2,
2, Rule
Rule111].
111]. criminal case,
criminal case, but
but any
any cause
cause of
of action
action which
which could
could
have been
have been the
the subject
subject thereof
thereof may
may be
be litigated
litigated in
in
c. When
c. When Reservation
Reservation to to File
File aa separate
separate civil
civil action
action [Sec.
[Sec. 1,
1, Rule
Rule111].
111].
Separately Not
Not Allowed
Allowed

(1) B.P.
(1) B.P. 22
22 cases
cases[Sec.
[Sec.1(b),
1(b),Rule
Rule111]
111]

Note
Note:: Nothing
Nothing in this rule prohibits
in this prohibits the
reservation of
reservation separate civil
of a separate civil action
action
against the
against the juridical
juridical person
person on whose
whose
check was issued.
behalf the check issued. What
What the
rules prohibit
rules prohibit is the reservation
is the reservation of
of a 3. SUSPENSION
3. SUSPENSION OF
OFCIVIL
CIVIL ACTIONS
separate civil
separate civil action
action against
against the natural
the natural
person violation
person violation B.P. Blg.
Blg. 22,
22, including
including
such corporate
such corporate ofofficer had signed
cer who had signed
a.
a. When
When the
the Civil
Civil Action
Action is
is Filed
Filed
before the Criminal Action
before
bounced check
the bounced [Gosiaco v.
check [Gosiaco v. Ching,
Ching,
G.R.
G.R. No.
No. 173807
173807 (2009)]
(2009)]..
General Rule:
General Rule:If Ifthe
thecivil
civilaction
actionisisinstituted
instituted
before the
before the institution
institution of
of the
the criminal
criminal action, such
such
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REMEDIAL LAW

pending civil
pending civil action,
action, in
in whatever
whatever stage
stage itit may
may be
be
found, shall
found, shall be
be suspended
suspended until
until final criminal
nal criminal Independent civil
Independent civil actions
actions are
are those
those that are
that are
action has
action has been
been rendered
rendered [Sec.
[Sec. 1,
1, Rule
Rule111].
111]. separate and
separate distinct from and
and distinct and shall
shall proceed
proceed
independently ofof the
independently criminal action.
the criminal action. Only
Only a
Exceptions:
Exceptions: preponderance of
preponderance of evidence
evidence shall
shall be
be required
required in
a. InIn
a. casesofofindependent
cases independent civil
civil actions
actions such cases:
such cases: [Sec.
[Sec. 3,
3, Rule
Rule111]
111]
b. InIn
b. caseswhere
cases wherethe thecivil
civil action
action presents
presents aa
prejudicial question
prejudicial question (1) When
(1) When the
the accused
accused in
in aa criminal
criminal
c. Where
Wherethethecivil
civilaction
actionis is not
not one
one intended prosecution is
prosecution acquitted on
is acquitted ground
on the ground
c. intended
to enforce
to enforce the
the civil
civil liability
liability arising
arising from
from that his
that his guilt
guilt has
has not been proved
not been proved beyond
beyond
the offense
the offense reasonable doubt,
reasonable doubt,aa civil
civil action
action for
for
damages for
damages same act or
for the same or omission
omission
Note: Rules
Note: Rules preclude
preclude a
a motu
motu proprio
proprio suspension
suspension may be
may be instituted
instituted [Art 29, NCC].
[Art 29, NCC].
by the
by the judge
judge of the
the civil
civil action;
action; it must
must be
be by
the defendant
petition of the [Yap v.
defendant [Yap v. Paras,
Paras, G.R.
G.R. No.
No. (2)Cases
(2) Cases involving
involving violation
violation of
of constitutional
constitutional
101236 (1992)].
101236 (1992)]. rights, defamation,
rights, defamation, fraud,
fraud, physical
physical
injuries, refusal
injuries, refusal or
or failure
failure to
to render
render aid
aid or
or
b. Consolidation
b. Consolidationof
of Civil
Civil with
with Criminal
Criminal protection by the members
protection members of the police
Action or the
or the prosecuting
prosecuting attorney, quasi-delict
quasi-delict
[Sec. 3, Rule
[Sec. Rule 111]
111] [Art. 32,32, 33, 34, 35
Before
Before judgment
judgment on
on the merits is
the merits is rendered
rendered in the
in the and 2176,
and 2176, NCC].
NCC].
such may
civil action, such may be consolidated
consolidated withwith the
the
criminal action
criminal action in
in the court trying
the court trying the criminal
criminal (3) When
(3) When thethe civil
civil action
action is
is based
based on
on an
action, upon motion
action, motion of the offended
offended party. TheThe obligation not
obligation arising from
not arising from the
the act
act or
evidence
evidence already
already adduced
adduced in
in the
the civil action will omission complained
omission complained of
of as
as aa felony
felony [Art.
[Art.
be automatically
be automatically reproduced
reproduced in
in the
the criminal
criminal action
action 31, NCC].
31, NCC].
[Sec. 2, Rule
[Sec. Rule 111].
111].
b. Prohibition
b. Prohibitionon
onDouble
DoubleRecovery
Recovery
Note: There
Note: There can also be
can also be no
no motu
motu proprio
proprio
consolidation. ItIt must
consolidation. must be
be upon
upon motion
motion of the
of the In no
In nocase
case may
may the
theoffended
offended party
party recover
recover
offended party.
offended party. damages TWICE
damages TWICE for same act
for the same act or
or omission
omission
charged in
charged in the
the criminal
criminal action
action [Sec.
[Sec. 3,
3, Rule
Rule111].
111].
c. When
c. WhenCriminal
CriminalAction
Action Filed
Filed Before
Note
Note:: TheThe judgment
judgment of the court mustmust state
state the
the criminal
After the criminal action
action has
has been
been commenced,
commenced, civil liability
civil liability or
or damages
damages to bebe recovered
recovered by by the
the
the separate
the separate civil
civil action
action arising
arising therefrom cannot
therefrom cannot offended party
offended party from
fromthe
theaccused,
accused, ifif any,
any, EXCEPT,
EXCEPT,
be instituted until
be instituted until final judgment has
nal judgment has been
been when enforcement
when enforcement of civil liability by aa separate
separate
entered in the criminal action
entered action [Sec.
[Sec. 1,
1, Rule
Rule111].
111]. civil action
civil action has
has been reserved
reserved or
or waived
waived [Sec.[Sec. 2,
2,
Rule 120,
Rule 120, ROC].
ROC].

4. WHEN
4. WHEN CIVIL
CIVIL ACTION
ACTION MAY
5. EFFECT
5. EFFECT OF
OF DEATH
DEATH OF
OF THE
THE
PROCEED INDEPENDENTLY
PROCEED INDEPENDENTLY
ACCUSED OR
ACCUSED OR CONVICTED
CONVICTEDONONCIVIL
CIVIL
a. Independent Civil
a. Independent Civil Actions
Actions ACTION/LIABILITY
ACTION/LIABILITY

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extinguished. Even
extinguished. Even ifif the
the accused
accusedisisfound
foundnot
not to
to
Before
Before Arraignment
Arraignment
be criminally
be criminally liable,
liable, he
he may
may still
still be
be found
found civilly
civilly
The criminal
The criminal case
case shall
shall be dismissed without
be dismissed without liable [Sec.
liable [Sec. 2,
2, Rule
Rule 111; Nissan-Gallery-Ortigas v.
111; Nissan-Gallery-Ortigas v.
prejudice to
prejudice action that
to any civil action that the offended
the offended Felipe, G.R.
Felipe, G.R. No.
No.199067
199067(2013) ].
(2013)].
party may
party may file against the
le against estate of
the estate the
of the
deceased [Sec.
deceased [Sec. 4,
4, Rule
Rule111].
111]. Two kinds
Two kinds of
of acquittal:
acquittal:
Acquitted as
Acquitted as the
the Acquitted as
Acquitted asthe
theguilt
guilt
After Arraignment
After Arraignment and
and during
during Pendency
Pendency
accused did
accused did not
not of the
of the accused
accused isisnot
not
of the Criminal
of the Criminal Action
Action
commit the act
commit the act proved beyond
proved beyond
reasonable doubt
reasonable doubt
The
The civil
civil liability
liability isis extinguished.
extinguished.But: But:
a. AnAnindependent
independent civil civil action
action enforcing
enforcing
No civil liability.
No No A
liability. No A civil
civil action
action for
for
liabilities under
liabilities under Arts.
Arts. 32,
32, 33,
33, 34,
34, 3535 and
and
crime means
crime meansthat
that damages for
damages forthe
the act
act
2176 may
2176 may be be continued
continued against
against thethe there can be
there be no
no or omission
or omission may
may bebe
estate or
estate or legal
legal representative
representative of of the liability.
liability. instituted. Such
instituted. Such
accused, after
accused, after proper
proper substitution.
substitution.
action requires
action requires only
onlyaa
b. If the civil action has been reserved
b. If the civil action has been reserved preponderance of
preponderance of
and subsequently
and subsequently filed, led, the civil action
the civil action
evidence [Art.
evidence [Art. 29,
29,
shall proceed after
shall proceed substitution of
after substitution NCC].
NCC].
parties [Sec.
parties [Sec. 4,4, Rule
Rule111].
111].

During Appeal
During Appeal

Civil and criminal


Civil criminal liabilities
liabilities are
are extinguished
extinguished
7. PREJUDICIAL
7. PREJUDICIAL QUESTION
QUESTION
[People v.
[People Alison, G.R.
v. Alison, G.R.No.No.L-30612
L-30612(1983)] .
(1983)].

Note
Note:: Only
Only civil liability ex
civil liability ex delicto
delicto is
is a. De
a. Definition
nition
extinguished.
extinguished. AA separate
separate civil
civil action may be
action may be
instituted based
instituted based on other sources
on other sources of civil
of civil One which
One which arises
arises in
in aa case,
case, where
where the
the resolution
resolution
[People v. Culas,
liability [People
liability Culas, G.R.
G.R. No.
No. 211166
211166 of which
of which is is aalogical
logical antecedent
antecedent of the issue
of the issue
(2017)]
(2017)]. . involved therein
involved therein and
and thethe cognizance
cognizance of which
of which
pertains to
pertains to another
another tribunal [People v.
tribunal [People v. Consing,
Consing,
After Judgment
After Judgment G.R. No.
G.R. No. 148193
148193(2003)]
(2003)]..

The civil
The civil liability
liability is
is not
notextinguished.
extinguished. Claims
Claims ItIt isisaaquestion
question based
based on
on aa fact
fact distinct
distinct and
and
shall be
shall be filed against the
led against estate of
the estate the accused
of the accused separate from
separate the crime
from the crime but
but soso intimately
intimately
under Rule
under Rule 86
86 of
of the
the ROC
ROC [Sec.
[Sec. 5,
5, Rule
Rule86].
86]. connected with
connected with itit that it determines
determines the
the guilt
guilt or
or
innocence of
innocence of the
the accused [Ras v.
accused [Ras Rasul, G.R.
v. Rasul, G.R. No.
No.
L-50411 (1980)]
L-50411 (1980)]..

b. Elements
b. Elements
6. EFFECT
6. EFFECT OF
OFACQUITTAL
ACQUITTALON
ONCIVIL
CIVIL
ACTION/LIABILITY
ACTION/ LIABILITY
(1) The
(1) The previously
previously instituted
instituted civil
civil action
action
involves an
involves an issue
issue similar
similar or
or intimately
intimately
The extinction
The extinction of the penal
of the penal action
action does
does not
related to
related to the
the issue
issue raised
raised in the
in the
necessarily mean
necessarily mean that
that the
the civil
civil action
action will
will also
also be
be
subsequent criminal
subsequent criminal action.
action.

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(2) The
(2) The resolution
resolution of
ofsuch
such issue
issue determines
determines be declared
be innocent [Ras
declared innocent [Ras v. Rasul,
Rasul, G.R.
G.R. No.
No.
whether
whether or the criminal
or not the criminal action
action may 50411 (1980)]
50411 (1980)]..
proceed
proceed [Sec.
[Sec. 7,
7, Rule
Rule 111].
111].
Prejudicial question
Prejudicial question where
where administrative
administrative
Prejudicial questions
Prejudicial questions which
which must be decided
must be decided and
and criminal
criminal cases but no
cases but no civil
civil case
case
before any
before any criminal
criminal prosecution
prosecution may
may be
be instituted
instituted involved
involved
may proceed,
or may proceed, shall
shall be
be governed
governed by by rules
rules of
of
court which
court which the
the Supreme
Supreme Court
Court shall
shall promulgate
promulgate San Miguel
InSan
In Miguel Properties,
Properties, Inc. v. Perez
Inc. v. Perez [G.R.
[G.R. No.
No.
and which
and which shall
shall not
not be conflict
be in con with the
ict with the 166836 (2013)]
166836 , the
(2013))], theSC SC held
held that
that thethe
provisions of
provisions of this
this Code
Code [Art.
[Art. 36,
36, NCC].
NCC]. administrative case
administrative case before
before the
the HLURB
HLURB case
case raises
raises
aa prejudicial
prejudicial question
question that sufficed
that suf ced to
to suspend
suspend thethe
c. Effect
c. Effect criminal
criminal proceedings
proceedings sincesince the
the action
action before the
before the
HLURB was
HLURB was“civil
"civil in
in nature”
nature" and
and could
could not
not be
Suspensionof
Suspension ofthe
thecriminal
criminal action
action [Sec.
[Sec. 6, Rule
Rule instituted elsewhere
instituted elsewhere except
except inin the
the HLURB
HLURB whose
whose
111]
111] jurisdiction over
jurisdiction over the action
action was
was exclusive
exclusive and
and
original.
original.
Where Filed
d. Where Filed
8. RULE
8. RULE ON
ON FILING
FILING FEES
FEESIN
INCIVIL
CIVIL
A petition
A petition for
for suspension
suspension of of criminal
criminal DEEMED INSTITUTED
ACTION DEEMED INSTITUTED
action based
action based upon
upon the
the pendency
pendency of of aa WITH THE
WITH THE CRIMINAL ACTION
prejudicial question
prejudicial question in in aa civil
civil action
action isis filed
led
in either:
in either: General Rule:
General Rule:
(1)Of
(1) Office
ce ofofthe
theprosecutor
prosecutor (in (in the
the PIPI stage);
stage); a. Actual
a. ActualDamages:
Damages:
(2) Court
(2) Court conducting
conducting the PI; or - No
- No filing
ling feesrequired
fees required
(3) Court
(3) Court where
where criminal
criminal action
action has has been
been b. Moral,
b. Moral,exemplary,
exemplary, nominal,
nominal,
filed
led for trial, at any time before the
trial, at any time before the temperate damages:
temperate damages:
prosecution rests
prosecution rests [Sec.
[Sec. 6,6, Rule
Rule111].
111].
IfIf amount
amount is
is The
The
SPECIFIED
SPECIFIED in corresponding
in corresponding
the complaint
the complaint ling
filing feesshall
fees shall be
be
e. Rationale
e. Rationale or
or information:
information: paid
paid by
by the
the
offended
offended party
party
Toavoid
To avoid two
two con
conflicting decisions in
icting decisions in the
the civil
civil case
case
upon
upon the
the filing
filing
thereof in court.
thereof court.
and in
and in the
the criminal
criminal case [Sy Thiong
case [Sy Thiong Shiou
Shiou v.v. Sy
Sy
Chim, G.R.
Chim, G.R. No.
No. 174168
174168 (2009)]
(2009)].. IfIf amount
amount is
is• The ling fees
The filing fees
NOT SPECIFIED
SPECIFIED shall
shall constitute
constitute aa
f.f. Example
Example in
NOT
in
complaint
the
complaint or
the rst
first lien
orjudgment
judgment
lien on
on the
the

The nullity
The nullity and
and forgery
forgery of the
the prior
prior deed
deed of
of sale
sale information:
information: awarding
awarding such such
is based
is based on the very
very same
same facts which
which would
would be
be damages [Sec.
damages [Sec. 1,
1,
necessarily determinative
necessarily determinative of of the
the accused's
accused’s guilt
guilt or
or Rule 111].
Rule 111].
innocence inin the
innocence the case
case forfor estafa.
estafa.IfIf the
the first
rst
alleged sale
alleged sale is
is void
void or
or fictitious,
ctitious, then there would
then there would
have been
have been no
no double
double sale
sale and
and the
the accused
accused would
would Exceptions:
Exceptions:
a. Violations
a. Violations for
for B.P.
B.P. 22:
22:
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i.i. The offended


The offended party
full the
the filing
party shall
shall pay
fees based
based on
pay in
in
Merely inquisitorial,
Merely inquisitorial, Not
Notaatrial
trial of
of the
the
full ling fees on the
the
and it
and it is
is often
often the
the only case on
only case on the
the
amount of the
amount the check
check involved,
involved,
means of
means of discovering
discovering merits"
merits” and
and does
does
which shall
which shall be
be considered
considered asasthe
the
the persons
the persons who who may notplace
may not place the
the
actual damages
actual damages claimed.
claimed.
reasonably
reasonably bebepersons
personsagainst
against
ii.
ii. Where
Where the
the complaint
complaint or
or
charged with
charged with aa crime, whomititis
crime, whom is taken
taken
information also
information also seeks
seeks to to recover
recover
liquidated, moral,moral, nominal,
nominal,
to
to enableenable the
the ininjeopardy
jeopardy
liquidated, prosecutor to
prosecutor to [Paderanga v.
[Paderanga Drilon,
v. Drilon,
temperate
temperate or
or exemplary
exemplary
prepare his
prepare his complaint G.R. No.
complaint G.R. No.
damages, the
damages, offended party
the offended party
or information.
or information. 96080 (1991)].
96080 (1991)].
shall pay
shall pay additional
additional filing fees
ling fees
based on the
based the amounts
amounts alleged
alleged
This is
This is a
a substantive
substantive
therein.
therein.
right. To deny the
iii.
iii. IfIfthe
theamounts
amounts are are not
not so
so alleged
alleged right. To deny the
accused’s claim
accused's claimtoto aa
but any
but any ofofthese
these damages
damages are are
PI would be to
PI would be to deprive
deprive
subsequently awarded
subsequently awarded by the by the
court, the
court, the filing fees based
ling fees based on on
him of the full
him of the full
measure ofofhis
measure his
the amount
the amount awardedawarded shall shall
right to
right to due
due process
process
constitute aa first
constitute rst lien
lien on the
on the
judgment [Sec.
judgment [Sec.1,1,RuleRule111].
111].
[Duterte
[Duterte v.
Sandiganbayan, G.R.
Dutiranbayan, G..
b.
b. Estafa:
Estafa:
No. 130191
No. 130191(1998)]
(1998)].
-- Offended
Offendedparty
partyshall
shall pay
pay in full
the filing
the fees based
ling fees based on the
on the
amount involved
amount involved [See[See Sec.
Sec. 20,
20,
Rule 141].
Rule 141]. Who
Who determines probable cause
determines probable cause

D. PRELIMINARY INVESTIGATION This is an


This an executive
executive function
function that
that the courts
the courts
(RULE 112)
(RULE 112) cannot interfere
cannot interfere with in the
with in the absence
absence of
of grave
grave
abuse of
abuse discretion [Salapuddin
of discretion [Salapuddinv.v.Court
Courtofof
Appeals, G.R.
Appeals, G.R. No.
No. 184681
184681(2013)].
(2013)].

1. NATURE OF
1. OF RIGHT
RIGHT A prosecutor
A prosecutor cannot
cannot thenthen be
be compelled
compelled by
mandamus to
mandamus to file
le aa case
case against
against an
an alleged
alleged
criminal, except when
criminal, except when such
such prosecutor
prosecutor acted
acted
Definition
De nition
with grave
with grave abuse
abuse ofof discretion
discretion amounting
amounting to
lack
lack or excess of
or excess [Hegerty v.v.CA,
jurisdiction [Hegerty
of jurisdiction CA,
An
An inquiry
inquiry or
or proceeding
proceeding to
to determine
determine whether
whether 409
409 SCRA 285 (2003)].
SCRA 285 (2003)].
there is
there is suf
sufficient ground to engender
cient ground engender aa well-
well-
founded belief
founded belief that a crime
that a crime has
has been
been Statutory Basis of
Statutory Basis of the
the Right
Right to
to Preliminary
Preliminary

committed and
committed and the
the respondent
respondent is
is probably
probably Investigation
Investigation
guilty thereof,
guilty thereof, and
and should
should be
be held
held for
for trial
trial [Sec.
[Sec.
1, Rule
1, Rule 112,
112, as
as amended
amended byby A.M.
A.M. No.
No. 05-8-26-
05-8-26- This is NOT
This NOT aa constitutional
constitutional right; rather,
right; rather,
SC]. the right
the right thereto
thereto isis of
of statutory
statutory character
character and
and
may be
may be invoked
invoked only
only when
when speci
specifically created
cally created
What it is
What What it is
What is not
not by statute. It is
by statute. is not
not aa fundamental
fundamental right
right and
and

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a. Failure to
a. Failure toappear
appear before
before the
the prosecutor
prosecutor
may be
may be waived
waived expressly
expressly or
or by silence [Marinas
by silence [Marinas
during
during the clarificatory
the clari hearing or
catory hearing or when
when
v. Siochi,
v. Siochi, G.R.
G.R. Nos.
Nos.L-25707
L-25707(1981)].
(1981)].
summoned, when
summoned, when the right was
the right was invoked
invoked
at the
at the start
start of
of the proceeding [Larranaga
the proceeding [Larranaga
Waiver of Right v. CA,
v. CA, G.R.
G.R. No.
No.130644
130644(1998)] ; or
(1998)]; or
The right
The right to PI
PI isis aapersonal
personal right
right which
which the b. When
b. Whenthe theaccused
accused filed an application
led an application for
for
accused may
accused may waive
waive either expressly or
either expressly or by bail and
bail and was
was arraigned
arraigned over
over his
his objection
objection
implication but
implication but at
at all
all times
times must
must bebe unequivocal.
unequivocal. and the
and the accused
accused demanded
demanded that that PI
PI be
The waiver,
The waiver, whether
whether express
express or
or implied,
implied, must
must be
be conducted [Go
conducted [Go v. CA, G.R.
v. CA, G.R. No.
No. 101837
101837
in
in aa clear
clear and
and unequivocal manner [Larranaga
unequivocal manner [Larranaga v.
v. (1992)]
(1992)]
CA.
CA. G.R.
G.R.No.
No.130644
130644(1998)].
(1998)].

Mere failure
Mere failure of
of aa defendant
defendant and/or
and/or his
his counsel
counsel to
to 2. PURPOSES
2. PURPOSES OF
OFPRELIMINARY
PRELIMINARY
appear during
appear during PIPI cannot
cannot be
be construed
construed as
as aa waiver
waiver
INVESTIGATION
INVESTIGATION
[Larranaga v.
[Larranaga v. CA,
CA, G.R.
G.R. No.
No. 130644
130644 (1998)].
(1998))].

The following
The following are are the
the speci
specificc purposes
purposes of of
When the
When the accused
accused waives
waives his
hisright
right to
to PI,
PI, the
the fiscal
scal
preliminary investigation
preliminary investigation[IPA]:[IPA]:
may forthwith
may forthwith file the corresponding
le the corresponding information
information
a. ToTo
a. Inquire
Inquire concerningthe
concerning thecommission
commission of of
with the
with the proper
proper court [People v.
court [People v. Perez,
Perez, G.R.
G.R. No.No.
crime and
a crime and the the connection
connection of the
of the
L-15231
L-15231 (1960)].
(1960)].
accused with
accused with it. This is
it. This is so
so that:
that:

An
An application
application for
for or admission to
or admission shall not
to bail shall i.
i. The Theaccused
accused may may be be informed
informed of of
the nature
the nature and and character
character of of the
bar the accused
bar the accused from assailing the
from assailing the regularity or
regularity or
crime charged
crime charged against
against him; and
him; and
questioning the
questioning the absence
absenceofof aa PIPI of the
the charge
charge
against
against him
him provided that he
provided that he raises
raises the
the challenge
challenge ii.
ii. The
The StateState may may taketake the the
necessary
necessarysteps stepsto to bring
bring him
him to
to
before entering
before entering his
his plea
plea [Sec.
[Sec. 26,
26, Rule
Rule114].
114].
trial if there
trial there is is aa finding
nding of of
probable cause;
probable
When Deemed Waived
When Right is Deemed Waived [W-FI-
[W-FI- b.
b. ToToPreserve
Preservethe theevidence
evidence andand keep
keep the
ANG]
ANG] witnesses within
witnesses within the
the control
control of
of the
the State;
State;
a. Express
a. Express Waiver
Waiver or
or by silence [Pilapil
by silence [Pilapil v.
v. and
and
Sandiganbayan,
Sandiganbayan, G.R.
G.R.No.No.101978
101978(1993)]
(1993)] c. ToTodetermine
c. determine the theAmount
Amount of of bail,
bail, if the
b. Failure to
b. Failure to Invoke
Invokeititduring
duringarraignment
arraignment offense is
offense is bailable [Callo-Claridad v.v.
bailable [Callo-Claridad
[People v. De
[People De Asis,
Asis, G.R.
G.R. No.
No. 105581
105581 Esteban, G.R.
Esteban, G.R. No.
No. 191567
191567(2013)]
(2013)]..
(1993)]; and
(1993)]; and
c. Consenting
c. ConsentingtotobebeArraigned
Arraigned andand entering
entering
aa plea
plea of
of Not
Not Guilty
Guilty without
without invoking
invoking the
the
to PI
right to [People v.
PI [People v. Bulosan,
Bulosan, G.R.
G.R. No.
No. 3.
3. WHO
WHO MAY
MAY CONDUCT
CONDUCT
L-58404
L-58404 (1988)]
(1988)] PRELIMINARY INVESTIGATION
INVESTIGATION

The right
The right cannot
cannot bebe raised
raised for
for the
the first time on
rst time a. As
a. AsProvided
Provided by the Rules
Rules of
of Court
Court
appeal [Pilapil v.
appeal [Pilapil v. Sandiganbayan,
Sandiganbayan, G.R. G.R. No.
No. (1) Provincial/city
(1) Provincial/city prosecutors
prosecutorsand
and their
their
101978 (1993)].
101978 (1993)]. assistants;
assistants;
(2)National
(2) Nationaland
and regional
regional state prosecutors;
prosecutors;
When Right
When Right is
is Not
Not Deemed
Deemed Waived

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(3) Other
(3) Other of
officers as may
cers as may be
be authorized
authorized by
by
law [Sec.
law [Sec. 2,
2, Rule
Rule 112,
112, as
as amended
amended byby b. Quantum
Quantum of
of Evidence
Evidence
A.M. No.
A.M. No. 05-8-26-SC]
05-8-26-SC]
quantum of
The quantum evidence now
of evidence now required
required in
in PI
PI is
is
b. As
b. AsProvided
Provided by Law
Law such evidence sufficient to “engender a
such evidence suf cient to "engender a
well- founded
well- founded belief”
belief" as
as to
to the
the fact
fact of
of the
the
Who Conducts
Who Conducts Cases Covered
Cases Covered
commission
commission of ofaa crime
crime and
and the
the
COMELEC
COMELEC Over
Over all
all election
election respondent's probable
respondent's probable guilt thereof. A A PI is
is
offenses
offenses punishable
punishable not the
not the occasion
occasion for the
the full
fulland
andexhaustive
exhaustive
under
under the
the Omnibus
Omnibus display of the
display the parties'
parties’ evidence [Estrada v.
evidence [Estrada v.
Election Code.
Election Code. Ombudsman, G.R.
Ombudsman, G.R. No.
No.212140
212140(2015)]
(2015)]..
[Sec. 2(6),
[Sec. 2(6), Art.
Art. IX-C,
IX-C,
Constitution; Sec.
Constitution; Sec. 265,
265, Prosecutors must
Prosecutors must ensure
ensure the
the existence
existence ofof aa prima
prima
BP881
BP881 (Omnibus
(Omnibus facie case
facie case and and aa reasonable
reasonable certainty
certainty of of
Election Code),
Election Code), as as conviction based
conviction based on on available
available documents,
documents,
amended by
amended by Sec.
Sec. 43,
43, RA
RA witness/es, real
witness/es, real evidence
evidence and
and the
the like.
like. Prima
Prima facie
facie
9369]
9369] evidence is
evidence is such
such status
status of evidence which
of evidence which on on its
its
own and
own and ifif left
leftuncontroverted,
uncontroverted, is suf sufficient
cient to
Ombudsman
Ombudsman Over
Over cases
cases public
public establish all
establish all the
the elements
elements ofof aa crime
crime [Sec.
[Sec. 2,2, DOJ
DOJ
officers
of and employees.
cers and employees. Circular No.
Circular No. 20,20, 31
31 March
March 2023].
2023].
[Sec. 15[1],
[Sec. 15[1], RA
RA 6770
6770
(Ombudsman Act
(Ombudsman Act of
of Hearsay evidence
Hearsay evidenceisis admissible
admissibleduring PI [De
duringPI [De
1989)]
1989)] Lima v.
Lima Guerrero, G.R.
v. Guerrero, G.R. No.
No. 229781
229781(2017),
(2017),citing
citing
Estrada v. Ombudsman,
Estrada Ombudsman, G.R. G.R. No.
No. 212140
212140
Presidential
Presidential Over cases
Over cases investigated
investigated (2015)].
(2015)].
Commission on
Commission on by it.
Good
Good c. Executive
c. Executive vs.
vS. Judicial
Judicial
Governance with
Governance [EO14, (1986)]
with [E014, (1986)] Determination of Probable
Probable Cause
Cause
assistance of
assistance of the
the
OSG
OSG
Executive
Executive Judicial
Judicial
Determination
Determination Determination
Determination

Nature
Nature Ascertains
Ascertains To
To ascertain
ascertain
4.
4. WHO
WHO MAY
MAY
CONDUCT
CONDUCT whether aa
whether whether aa
whether
DETERMINATIONOF
DETERMINATION OF EXISTENCE
EXISTENCE OF
OF criminal case
criminal case warrant of
warrant of
must bebe filed
led inin arrestshould
arrest should be
be
PROBABLE CAUSE
PROBABLE CAUSE
court. The
court. The Public
Public issued against
issued against the
the
prosecutor is
prosecutor is accused [Sec.
accused [Sec. 2,
2,
a. Probable
a. Probable Cause
Cause given a
given a broad
broad Art. III,
Art. III,
discretion to
discretion to Constitution].
Constitution].
Probable causepertains
Probable cause pertainstoto facts
facts and
and determine
determine
circumstances sufficient
circumstances suf cienttoto support
support aa well-
well- whether probable
whether probable
founded belief that aa crime
founded crime has been
been committed
committed cause exists
cause exists and
and
and the
and the accused
accusedisisprobably
probablyguilty thereof[Shu
guiltythereof [Shuv.v. to charge
to charge those
those
Dee,
Dee, G.R.
G.R.No.
No.182573
182573(2014)] .
(2014)].

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REMEDIAL LAW

whom he
whom he believes
believes FIRST:
FIRST:
to have
to have Filing of the complaint
Filing complaint
committed the
committed the
crime [People
crime [People Contents of
Contents of complaint
complaint::
v. Borje,
v. Borje, Jr.,
Jr., a.
a. Shall
Shall state
state thethe address of the
address of the
G.R. No.
G.R. No. respondent;
respondent;
170046
170046
(2014)].
(2014)]. b. Shall
b. Shallbe
beaccompanied
accompanied by:
by:
i.i. The
Theaf affidavits
davits ofof the
the
Made by
Made by Prosecutor
Prosecutor Judge
Judge complainant
complainant and
and his
his
whom
whom witnesses; and
witnesses; and

Purpose
Purpose Determination of
Determination of Determination of
Determination of ii.
ii. Other supporting
Other supporting documents
documents
to establish probable cause.
to establish probable cause.
PC to
PC to hold
hold aa PC for
PC for the
the arrest
arrest
person for
person for trial
trial of the
of the accused
accused
The af
The affidavits shall be
davits shall be subscribed
subscribed andand
[Sec. 1, Rule
[Sec. Rule 112,
112, [Baltazar v.
[Baltazar v.
sworn to
sworn to before
before any
any prosecutor
prosecutor or
as amended
as amended by by People, G.R.
People, G.R. No.
No.
government official
government authorized to
of cial authorized
A.M. No.
A.M. No. 05-8-
05-8- 174016 (2008)]
174016 (2008)]..
administer
administer oath oathoror ifif absent
absent or or
26-SC].
26-SC].
unavailable, before
unavailable, before aa notary
notary public,
public,
each of whom
each whom mustmust certify
certify that
that he
he
Standard
Standard Sufficient
Suf cient ground
ground SetSet of
of facts
facts And
And
personally
personally examined
examined the affiants
the af and
ants and
to engender
to engender a circumstances
circumstances that he
that he is
is satisfied
satis ed that
that they voluntarily
they voluntarily
well-founded
well-founded which would
which would lead
belief
belief that aa aa reasonably
reasonably
executed
executed and and understood
understood their their
affidavits;
crime has been
crime been discreet and
discreet and af davits;
committed, and
committed, and prudent man
prudent man toto
c. Shall
Shallbebeininsuch
suchnumber
number ofofcopies
copies as
as
that the
that the believe that
believe that the
the
there are
there are respondents,
respondents, plus 2 copies
copies
respondent isis
respondent offense charged
offense charged
for the
for the of
official
cial file
le [Sec.
[Sec. 3(a),
3(a), Rule
probably guilty
probably guilty ininthe
the Information
Information
112, as
112, as amended by A.M. No. No. 05-
05-
thereof and
thereof and or any offense
or offense
8-26-SC]
8-26-SC]
should be held
should held included therein
included therein
for trial
for trial [Sec.
[Sec. 1, has been
1, has been ↓
Rule 112,
Rule 112, asas committed by
committed by SECOND:
SECOND:
amended by
amended by the person
the person
Action of the investigating officer
of cer
A.M. No.
A.M. No. 05-8-
05-8- sought to be
sought be
26-SC].
26-SC]. arrested
arrested
Within 10
Within 10 days
days after the filing
after the of the
ling of the complaint,
complaint,
[Baltazar v.
[Baltazar v.
the investigating
the investigating of
officer shall either:
cer shall either:
People, G.R.
People, G.R. No.
No.
a. Dismiss
a. Dismiss the
the complaint,
complaint, if he he finds
nds nono
174016 (2008)]
174016 (2008)].
groundtotocontinue
ground continuethe theinvestigation;
investigation;
or
b. Issue
b. Issueaasubpoena
subpoena to tothe
therespondent,
respondent,
attaching
attaching the
the complaint
complaint and and
5. PROCEDURE
5. PROCEDURE FOR
FORPRELIMINARY
PRELIMINARY supporting af
supporting affidavits and documents
davits and documents
[Sec. 3(b),
[Sec. 3(b), Rule
Rule 112,
112, asas amended
amended by
INVESTIGATION
A.M. No. 05-8-26-SC].
05-8-26-SC].

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REMEDIAL LAW

Note: Not
Note: receiving aa copy
Not receiving copyof
ofaffidavits
affidavits of
of aa
Respondent
Respondenthas hasthe
the right examine the
right to examine the
co-respondent
co-respondent doesNOT
does NOT deny
deny aa
respondent his right
respondent right to
todue
dueprocess,
process,since
since
evidence submitted
evidence submitted by
by complainant
complainant which
which he
he
the Rules
the Rules of Procedure
Procedure ofof the Office
the Of ce of
of the
have furnished and to copy
may not have copy evidence
evidence
Ombudsman only
Ombudsman only require
require that
that aa respondent
respondent be
at his
at his expense
expense [Sec.
[Sec. 3(b),
3(b), Rule
Rule 112,
112, as
as
furnished a copy
furnished copy of of the
the complainant's
complainant’s af affidavit
davit
amended by A.M.
amended A.M. No. 05-8-26-SC].
and other
and other supporting
supporting documents.
documents. In In addition,
addition, the
the
↓ constitutional right
constitutional right of
of an
an accused
accused to to confront
confront the
the
THIRD:
THIRD: witnesses against
witnesses againsthim him does
does not apply to
not apply to
preliminary investigation
preliminary investigation [Estrada
[Estrada v.
Respondent’scounter-affidavit
Respondent's counter-affidavit v.
Ombudsman,
Ombudsman, G.R. G.R.No.
No.212140-41
212140-41(2015)]
(2015)]..
ItIt must:
must:
-- BeBemade
madewithin
within ten
ten (10)
(10) days
days from
from
receipt of
receipt of subpoena
subpoena withwith the
the 6. MODES
6. MODES OF
OF REVIEW
REVIEW
complaint; and
-- Comply
Comply with the same
with the same requirements as
requirements as AA reading
reading of
of the
theforegoing
foregoing provisions
provisions [of DOJ
DOJ
a
a complaint.
complaint. Circular
CircularNo. No. 70 and 70-A]
70 and 70-A] shows
shows that
that the
the
prevailing
prevailing appeals
appeals process
process inin the
the National
National
Respondent
Respondentisisnotnot allowed
allowedtoto file
le aa motion to Prosecution Service
Prosecution Service(NPS)
(NPS)withwith regard
regard to
dismiss in
dismiss in lieu counter-affidavit
lieu of counter-af davit [Sec.
[Sec. 3(c), complaints subject
complaints subject of
of preliminary
preliminary investigation
investigation
Rule 112, as amended
Rule amended by A.M. No. 05-8-26-
by A.M. 05-8-26- would depend on
would on two
two factors, namely:
namely:
SC].
SC]. a.Where
Wherethe thecomplaint
complaint was led—
was filed ––
i.e., whether in the NCR or in the
Effect of
Effect of non-compliance:
non-compliance:
i.e., whether in the NCR or in the
provinces; and
provinces;
IfIfthe
therespondent
respondent cannot
cannot bebe subpoenaed,
subpoenaed, oror if b. Which
b. Whichcourt
courthas
has original jurisdiction
jurisdiction
subpoenaed, does
subpoenaed, does not submit counter-
not submit counter- overthethecase
case— ––i.e.,
i.e.,whether
whether or
or not
over not itit
affidavits
af davits within
within the
investigating of
investigating officer
day period,
the ten (10) day
shall resolve
cer shall
period, the
resolve the
the
complaint
the complaint
is
is cognizable
cognizable by
by the
the
MTCs/MeTCs/MCTCs.
MTCs/MeTCs/MCTCs.
based on
based the evidence
on the evidence presented
presented byby the
complainant [Sec.
complainant [Sec.3(d),
3(d),Rule
Rule112,
112, as
as Thus, the
Thus, the rule
rule shall
shall be as follows:
follows:
amended by A.M. No. No. 05-8-26-SC]
05-8-26-SC]
Scenario
Scenario Mode of
Mode of
This situation would
This would have
have the
the effect
effect of
of an
an ex- [The complaint
[The complaintis….]
is... Appeal
Appeal
parte investigation.
parte investigation.
Filed
Filed COGNIZABLE The
COGNIZABLE Theruling
ruling of
of
↓ OUTSIDE by
OUTSIDE bythe:
the: the OPP
the OPP may
may
the NCR
the NCR a. MTCS
a. MTCs be appealable
be appealable
FOURTH:
FOURTH:
b. MeTCs
b. MeTCs by
by way
way ofof
Determination
c. MCTCS
c. MCTCs petition for
petition for
Within ten
Within ten (10)
(10) days
days after
after the
the investigation,
investigation, the
the
review
review
investigating of
investigating officer shall determine
cer shall determine whether
whether or
or
before thethe
ORSP, which
not there
not there isis suf
sufficient
cient ground
ground to hold the
to hold the ORSP, which
ruling shall
ruling shall be
be
respondent for
respondent for trial
trial [Sec.
[Sec.3(f),
3(f), Rule
Rule112,
112,asas
with finality.
with nality.
amended by A.M. No. 05-8-26-SC].
amended 05-8-26-SC].

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NOT
NOT The ruling
The rulingofof E. ARREST,
E. ARREST, SEARCH,
SEARCH, AND
AND
COGNIZABLE
COGNIZABLE the OPP
the OPP may
may SEIZURES
SEIZURES
by the:
by the: be appealable
be appealable
a. MTCs
a. MTCs by way
by wayofof
b. MeTCs
b. MeTCs petition for
petition for
c. MCTCs review 1. WARRANT
1. WARRANT OF
OF ARREST
ARREST
c. MCTCS review
before SOJ,
before SOJ,
which ruling
which ruling a. Arrest (Rule
a. Arrest (Rule 113)
113)
shall be
shall be with
with
finality.
nality. Definition
De [Sec.1,
nition [Sec. 1, Rule
Rule 113]
113]
Arrest is the taking
Arrest taking of aa person
person into custody
custody inin
Filed
Filed COGNIZABLE The ruling
The ruling ofof
COGNIZABLE order that he
order he may
may be bound
bound to
to answer
answerfor
for the
the
WITHIN by
WITHIN the:
by the: the OCP
the OCPmay
may
commission of
commission of an
an offense
offense
the NCR
the NCR a. MTCS
a. MTCs be appealable
be appealable
b. MeTCs
b. MeTCs by
by way
wayofof HowMade
How Made[Sec.
[Sec.2(1),
2(1), Rule
Rule 113]
113]
c. MCTCS
c. MCTCs petition for
petition for a. By
a. Byactual
actual restraint
restraint of
of aa person
person to be
be
review
review arrested
arrested
before the
before the b. ByByhis
b. hissubmission
submission to
to the
the custody
custody of
of the
the
Prosecutor
Prosecutor person making
person making the
the arrest
arrest
General,
General, c. NoNo
c. violenceororunnecessary
violence unnecessary force
force shall
shall be
be
whose ruling
whose ruling
used in making an
used an arrest
arrest
shall be
shall be with
with
d. The
d. Theperson
personarrested
arrested shall
shall not be subject
subject
finality.
nality.
to aagreater
to greater restraint
restraint than
than isis necessary
necessary
NOT The ruling
The rulingofof for his
for his detention
detention
NOT
COGNIZABLE the OCP
the OCP may
may
COGNIZABLE Timeof
Time ofMaking
MakingArrest
Arrest [Sec6,6,Rule
[Sec Rule 113]
113]
by the:
by the: be appealable
be appealable
a. MTCS
a. MTCs by way
by wayofof An arrest
An arrest may
may be made
made on any
any day
day and
and at any
b. MeTCs
MeTCs petition for time of the day
time day or
or night
night
b. petition for
c. MCTCs
c. MCTCS review
review
before the GeneralRule:
General Rule:
NoNo peaceofofficer
peace cer ororperson
person has
has
before the
SOJ, whose
whose the power
the power or
or authority
authority to arrest
arrest anyone
anyone without
without
soJ,
ruling shall
ruling shall be
be aa warrant
warrant [Umil
[Umil v.v.Ramos,
Ramos, G.R.
G.R. No.
No. 81567
81567
with finality.
with nality. (1991)]
(1991)]

Provided, that
Provided, that in
in instances
instances covered
covered byby (a)
(a) and
and Exceptions:
Exceptions:
(c), the
(c), the SOJ
SOJ may,
may, pursuant
pursuant to to his
his power
power ofof (a)InIn agrante
(a) flagrantedelicto
delictocases
cases [Sec.
[Sec. 5(a),
5(a), Rule
Rule
control and
control and supervision
supervision over
over the entire
the entire 113]
113]
National Prosecution
National Prosecution Service,
Service,review,
review, modify,
modify, (b)Hot
(b) Hotpursuit
pursuitarrest
arrestcases
cases [Sec.
[Sec. 5(b),
5(b), Rule
Rule
or reverse
or reverse the
the ruling
ruling of
of the
the ORSP
ORSP or or the
the 113]
113]
Prosecutor General,
Prosecutor General, asas the case may
the case may be.
be. (c) Arrest
(c) Arrest ofofescaped
escaped prisoner
prisoner [Sec.
[Sec. 5(c),
[Cariaga v.
[Cariaga v. Sapigao,
Sapigao, G.R.
G.R. No.
No. 223844,
223844, 28
28 June
June Rule 113]
Rule 113]
2017]
2017] (d)Other
(d) Otherlawful
lawfulwarrantless
warrantless arrests
arrests
(1) IfIfa aperson
(1) personlawfully
lawfully arrested
arrested
escapes or
escapes is rescued,
or is rescued, anyany

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REMEDIAL LAW

person may
person may immediately
immediately pursue
pursue doctrine
doctrine provides
provides thatthat itit is
is suf
sufficient for the
cient for the fiscal
scal
or retake
or retake himhim without
without aa warrant
warrant to provide
to provide supporting
supporting documents
documents regarding
regarding thethe
at any
at any time
time and
and inin any
any place
place existence of
existence of probable
probable cause:
cause:
within the
within the Philippines
Philippines [Sec.
[Sec. 13,
13, (1) IfIfthe
(1) thejudge
judge nds
findsprobable
probable cause,
cause, he
Rule 113]
Rule 113] shall issue
shall issue aa warrant
warrant of of arrest;
arrest; or
or
(2) For
(2) For the
thepurpose
purpose of of surrendering
surrendering (2) IfIfhe
(2) he nds
findsnonoprobable
probable cause,
cause, he maymay
the accused,
the accused, thethe bondsmen
bondsmen may may disregard the
disregard the fiscal’s
scal's report
report and require
arrest him
arrest him or,or, upon
upon written
written the submission
the submission of of supporting
supporting affidavits
af davits ofof
authority endorsed
authority endorsed on on aa certified
certi ed witnesses [People
witnesses [Peoplev.v. Gray, Gray, G.R.
G.R. No.
No.
copy of the
copy the undertaking,
undertaking, cause
cause 180109 (2010);
180109 AAA v.
(2010); AAA v. Carbonell,
Carbonell, G.R.
G.R.
him to
him to be
be arrested
arrested by police
by a police No. 171465
No. 171465(2007)]
(2007)]
officer
of cer or any other
or any other person
person of of
suitable age
suitable age and
and discretion
discretion [Sec.
[Sec. When Warrantofof Arrest
When Warrant is Not
Arrest is Not
23, Rule
23, Rule 114]
114] Necessary
Necessary
(3)An
(3) Anaccused
accused released
released onon bail
bail may
may AA warrant
warrant of of arrest
arrest shall
shall not
not issue
issue
be
be rearrested
rearrested without
without the the (1)
(1) IfIfthe
theaccused
accused is is already
already under
under detention
detention
necessity ofof aa warrant
necessity warrant ifif he he pursuant to
pursuant warrant issued
to a warrant issued by the
by the
attempts to
attempts depart from
to depart from the the municipal
municipal trial court in
trial court in accordance
accordance with
with
Philippines without
Philippines without permission
permissionof of Sec. 5(b) of Rule
Sec. Rule 112;112; oror
the court
the court where
where the the case
case is is (2)
(2) IfIfthe
thecomplaint
complaint or or information:
information:
pending [Sec.
pending [Sec. 23,
23, Rule
Rule114]
114] (a) Was
(a) Was filed pursuant to
led pursuant Sec. 66 of
to Sec. of
Rule 112;
Rule 112; or or
Requisites of
b. Requisites of aa Valid
Valid Warrant
Warrant of
of (b) Is
(b) Is for
foran anoffense
offense penalized
penalized by
Arrest
Arrest fine only [Sec.
ne only [Sec. 5(c),
5(c), Rule
Rule 112, as
112, as
amended by
amended A.M. No.
by A.M. No. 05-8-26-
05-8-26-
EssentialRequisites
Essential Requisites [Sec.2,2,Art.
[Sec. Art. III,
III,Const.]
Const.] SC]
SC]
The warrant
The warrant must:
must:
(1) Be
(1) Be issued
issued upon
upon probable
probable cause
cause Note
Note:: If aa complaint
complaint or information
information is filed
led with
determined personally
determined personally by
by the
the judge
judge after
after the MTC
the MTC judge,
judge, and
and the
the judge
judge finds probable
nds probable
examination under
examination under oath
oathor or affirmation
af rmationof of cause, he
cause, shall issue
he shall issue aa warrant
warrant of arrest, or a
of arrest,
the complainant and the witnesses he commitment
commitment orderorder if the
the accused
accused had
had already
already
may produce;
they produce; and
an and the witnesses he been arrested.
been arrested. However,
However, ifif the
the judge
judge is
is satis
satisfied
ed
(2) Particularly describethe
(2) Particularly describe the person
person to be
to be that there
that thereisis no
no necessity
necessity for
for placing
placing the
the accused
accused
arrested
arrested under custody,
under custody, hehe may
may issue
issue summons
summons instead
insteadofof
a warrant of arrest [Sec. 8(b), Rule 112, as
When Issued amended by A.M. No. 05-8- 26-SC]
A judge
A judge issues
issues aa warrant
warrant of
of arrest
arrest upon
upon the
the filing
ling
the information
of the information byby the
the public
public prosecutor
prosecutor and
and c. Enforcement
c. Enforcement of
of a
a Warrant of Arrest
Arrest
after personal
after personal evaluation
evaluationby by the
the judge
judge of the
of the [Rule 113,
[Rule 113, Sec.
Sec. 7]
7]
prosecutor’s resolution
prosecutor's resolution and and supporting
supporting
evidence[Sec.
evidence [Sec. 5(a),
5(a), Rule
Rule 112,
112, as
as amended
amended by by General Rule:
General Rule:The
Theofofficer shall inform
cer shall inform the
the
A.M. No. 05-8-26-SC]
05-8-26-SC] person to be
person be arrested
arrested of cause of
of the cause of the
the arrest
arrest
and of
and of the
the fact
fact that
that aa warrant
warrant has
has been
been issued
issued for
for
The judge
The judge does
does not
not have
have toto personally
personally examine
examine his arrest.
his arrest.
the complainant
the complainant and
and his
his witnesses.
witnesses. Established
Established

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REMEDIAL LAW

Exceptions:
Exceptions: Possession
Possession ofofwarrant
warrantofof arrest
arrest by
by the
the
1. The
1. Theperson
persontoto be
be arrested
arrested flees;
ees; officer
of atthe
cer at thetime
timeofofarrest
arrest[Rule
[Rule113,
113, Sec.
Sec. 7]
7]
2. The
2. Theperson
persontotobe
bearrested
arrested forcibly
forcibly resists
resists
before the of
before officer has an
cer has an opportunity
opportunity toto The of
The officer need not
cer need have the
not have warrant in
the warrant his
in his
so inform him; or
so inform him; or possession at
possession at the
the time
time of
of the
the arrest.
arrest.
3. When
3. Whenthethegiving
giving of
ofsuch
such information
information will
will
imperil the arrest.
imperil arrest. But after the
But the arrest,
arrest, ifif the
the person
person arrested
arrested so
so
requires, the warrant
requires, warrant shall
shall bebe shown
shown toto him
him as
as
soon as
soon as practicable.
practicable.

d. Lawful
d. LawfulWarrantless
WarrantlessArrest
Arrest[Rule
[Rule113,
113, Sec.
Sec. 5]
5]

InFlagrante
In Flagrante Delicto
Delicto Hot Pursuit Arrest
Hot Pursuit Arrest Arrest
Arrest of
of Escaped
Arrest
Arrest [Sec.
[Sec. 5(b),
5(b), Rule 113]
Rule 113] Prisoner
Prisoner
[Sec. 5(a),
[Sec. 5(a), Rule
Rule 113]
113] [Sec.
[Sec. 5(c),
5(c), Rule 113]
Rule 113]

Definitions
Definitions A
A peace officer or aa private
officer or private AApeace
peaceofficer private
officer or a private AApeace
peaceofficer
officer or a private
private
person
person may,
may, without warrant, person
without warrant, person may, without warrant,
warrant, person
person may, without
without
arrest aa person
arrest person when,
when, in in his
his arrest aaperson
arrest person when:
when: warrant, arrest
warrant, arrest a person
person
presence, the
presence, the person
person toto be
be 1. AnAnoffense
1. offense has
has just
justwhen the person
when person to
to be
be
arrested:
arrested: been committed;
been committed; arrested is a prisoner
arrested prisoner who
who
1. Has
1. Hascommitted;
committed; AND
AND has escaped:
has escaped:
2. IsIsactually
2. actually 2. The
The of
officer
cer or
or 1. From
1. Fromaapenal
penal
committing; OR
committing; OR private person
private person has
has establishment or
establishment or
3. IsIsattempting
3. attempting to
to probable cause
probable cause to to place
place where
where he
he is
is
commit an offense.
commit offense. believe, based
believe, based on on serving
serving final
nal
personal knowledge
personal knowledge judgment or
judgment or
of facts
of facts or or temporarily
temporarily
circumstances that
circumstances that confined
con ned while his
his
the person
the person to bebe case is pending;
case pending;
arrested has
arrested has OR
OR
committed it.
committed it. 2. While
2. Whilebeing
being
transferred from
transferred from
one con
one confinement
nementtoto
another]
another]

The escapee
The escapee may
may bebe
immediately pursued
immediately pursued oror re-
re-
arrested without
arrested without aa warrant
warrant
at any
at any time and in any
any place
place
within the
within the Philippines
Philippines [Sec.
[Sec.
13, Rule
13, Rule 113]
113]

Requisites [OA-PVAO]
[OA-PVAO] [C-PK]
[C-PK] N/A
N/A

1. The
1. Theperson
person to
to be
be 1. AnAnoffense
1. offense has
has just
just
arrested must
arrested must been Committed;
been Committed;

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CRIMINALPROCEDURE
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execute an
execute an Overt
Qvert Act
Act 2. There must be a
2. There must be a
indicating that
indicating thathe:
he: large measure
large measure of
of
a. Has
a. Has just
just Immediacy
Immediacy
committed;
committed; between the
between the time
time
b. IsIsactually
b. actually the offense
the offense was
was
committing;
committing; committed and
committed and the
the
or time of
of the arrest.
arrest.
Is
c.
c.
or
Is
attempting
time

attempting IfIfthere
there was
was an
an
tocommit
to commit aa appreciable lapse
appreciable lapseofof
crime; and
crime; and time between
time between the
the
2. Such overt act isis
2. Such overt act arrest and
arrest andthe
the
done:
done: commission of
commission of the
the
a.
a. InInthe
the crime, a warrant
crime, warrantof of
Presence; or
Presence; or arrest must
arrest must bebe
b. Within
b. Within thethe secured [People v.
secured [People v.
View of
View of the
the del Rosario,
del Rosario, G.R.
G.R.
Arresting
Arresting No. 127755
No. 127755(1999);
(1999);
Officer
Of cer People v.v.Agojo
People ,
Agojo,
[Zalameda
[Zalameda G.R.
G.R. No.
No. 181318
181318
v. People,
v. People, (2009)]; and
(2009)]; and
G.R.
G.R. No.
No. 3. The
The person
person making
making
183656
183656 the arrest
the arrest has
has
(2009);
(2009); probable cause
probable causetoto
People v.v.
People believe, based
believe, based on
on
Laguio, G.R.
Laguio, G.R. Personal
Personal
No. 128587
No. 128587 Knowledge of
Knowledge of
(2007)].
(2007)]. facts and
facts and
circumstances, that
circumstances, that
the person
the person to
to be
be
arrested has
arrested has
committed it.
committed it.

Related
Related “Inhis
"In hispresence"
presence”means
means the
the Under Section
Under Section 55 (b),
(b), Rule
Rule Rationale
Rationale
doctrines
doctrines officer:
of cer: 113, itit is
113, is essential
essential that
that the
the At the
At the time
time of arrest,
arrest, the
the
1.
1. Sees
Seesthe
theoffense,
offense, element of
element of personal
personal escapee is
escapee is in
in continuous
continuous
even
even though at aa
though at knowledge
knowledge must must be
be coupled
coupled commission of
commission of aa crime
crime(i.e.,
(i.e.,
distance; or
distance; or with the element
with elementofof evasion of service
evasion serviceof of
2. Hears
2. Hears the
the immediacy. [Vaporoso
immediacy. [Vaporosov.v. sentence) [Parulan
sentence) [Parulan v. v.
disturbances created
disturbances created People, G.R.
People, G.R. No.
No. 238659,
238659, Director of
Director of Prisons,
Prisons, G.R.
G.R. No.No.
by the offense
by offense and
and (2019)]
(2019)] L-28519 (1968)]
L-28519 (1968)]..
proceeds at
proceeds at once
oncetoto
the scene [People
the scene [Peoplev.v. Personal knowledge
Personal knowledge does
does not
not
Evaristo, G.R.
Evaristo, G.R. No.
No. require actual
require actual presence
presence at at
93828 (1992)]
93828 (1992)] the scene
the scene while
while a
a crime
crime was
was
being committed;
being committed;it itisis
“Reliable information”
"Reliable information" enough that
enough that evidence
evidence ofof the
the
alone, absent
alone, absent any
any overt
overtact
act recent commission
recent commission ofofthe the
indicative of a felonious
indicative felonious crime is
crime is patent
patent and
and the
the police
police

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enterprise in
enterprise in the
the presence
presence and
and officer
of has probable
cer has probable cause
cause to
to
within the
within theview
viewofofthe
the believe based
believe based on on personal
personal
arresting officers,
arresting of cers, are
arenot
not knowledge of
knowledge of facts
factsoror
sufficient
suf cient to
to constitute
constitute circumstances, that
circumstances, that the
the
probable cause
probable cause that
that would
would person to be
person be arrested
arrestedhas has
justify an
justify an in
in flagrante
agrante delicto
delicto recently committed
recently committed the crimecrime
[People v.
arrest [People
arrest Molina, G.R.
v. Molina, G.R. [Pestilos v.
[Pestilos v. Generoso,
Generoso, G.R. G.R.
No. 133917
No. 133917(2001)]
(2001)]. No. 182601
No. 182601 (2014)]
(2014)]. .

(2) For
(2) For compelling
compelling reasons
reasons stated
stated inin the
the
2. SEARCH
2. SEARCH AND
AND SEIZURE
SEIZURE (RULE
(RULE application:
application:
(a) Any
(a) Any court
court within
within the
the judicial
judicial
126)
126) region where
region where the crime was
the crime was
committed ifif the
committed place of
the place the
of the
a. De
a. Definition [Sec.1,1,Rule
nition [Sec. Rule 126]
126] commission ofof the
commission crime is
the crime is
known; or
known; or
search warrant
A search warrant is
is an writing issued
an order in writing issued in (b) Any
(b) Any court
court within
within the
the judicial
judicial
the name
the name of
of the
the People
People of
of the
the Philippines,
Philippines, signed
signed region where
region where the warrant
warrant shall
shall
by aa judge
by judge and
and directed
directed to aa peacepeace of officer,
cer, be enforced.
be enforced.
commanding him
commanding him to search for
to search personal property
for personal property (3) IfIfthe
(3) thecriminal
criminalaction
actionhas
has already
already been
been
described
described therein
therein and
and bring
bring itit before
before the court.
the court. filed, the application
led, the application shall
shall only be made
in the
in the court
court where
where the
the criminal
criminal action
action is
b. Requisites
b. Requisites[Sec.
[Sec.4,
4,Rule
Rule 126] pending [Sec.
pending [Sec. 2,
2, Rule
Rule 126].
126].

i.i. Nature
Nature
ofofSearch
Search Warrant
Warrant Issuance and
Issuance and Form of Search
Search Warrant
Warrant
IfIfthe
thejudge
judgeisissatis
satisfied of the
ed of the existence
existence of facts
A search
A search warrant
warrant shall
shallnot
not issue
issueexcept
except upon upon which
upon which the
the application
application is
is based
based or
or that
that there
there
probablecause
probable causeininconnection
connection with
with one
one speci
specificc is probable
is probable cause
cause to to believe
believe that
that they
they exist,
exist, he
he
offense to
offense to be
be determined
determined personally
personally by by the
the judge
judge shall
shall issue
issue the warrant,
warrant, which
which must
must be
be
after examination
after examination under
under oath
oath oror affirmation
af rmation ofof the
the substantially in
substantially the form
in the form prescribed
prescribed the
complainant and
complainant and the
the witnesses
witnesses he he may produce,
may produce, Rules [Sec.
Rules [Sec. 6,
6, Rule
Rule 126]
126]
and particularly
and particularly describing
describingthe
the place
place to be
to be
searched and
searched and the
the things
things to be seized
to be seized which
which may
may Thus, the
Thus, the search
search warrant must be in writing and
be
be anywhere in the
anywhere in the Philippines.
Philippines. contain:
contain:
(1) Name
(1) Name of person
person against
against whom
whom itit is
is
Under the
Under the exclusionary
exclusionary rule,
rule, any
any evidence
evidence directed;
directed;
obtained in
obtained in violation
violation of
of this
this is
is inadmissible
inadmissible for
for any
any (2) Offense for
(2) Offense for which
which itit was
was issued;
issued;
purpose in
purpose in any
any proceeding
proceeding[Sec. [Sec.3(2),
3(2),Art.
Art.III,
III, (3) The
(3) The place
place to tobebesearched;
searched;
Const.]
Const.] (4)The
(4) Thedescription
description of of the
the speci
specificc things
things to
bebeseized;
seized;
ii. Application
ii. Application
forforSearch
Search Warrant
Warrant (5)AAdirective
(5) directiveto tolaw
lawenforcement
enforcement of officers
cers to
to
search and
search and seize
seize and
and for
for them
them toto bring
bring in
in
Where to Apply court the
court the things
things seized;
seized; and
and
(1) Any
(1) Any court
court within
within whose
whose territorial
territorial (6)Signature
(6) Signature of of the
the judge
judge issuing
issuing it.
it.
jurisdiction a crime was committed; or

60
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CRIMINALPROCEDURE
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REMEDIAL LAW

The absence of
The absence such requisites
of such requisites will cause the
will cause
search
search warrant’s
warrant's downright nullification
downright nulli [Santos
cation [Santos Searching Questions
Searching
v. Pryce Gases,
v. Pryce Gases, Inc.,
Inc., G.R.
G.R. No.
No. 165122
165122 (2007)]
(2007)].. A judge
A judge must
must ask
asksearching
searching questions
questions to
determine whether the application
determine application is supported
supported
iii.
iii. Cause for
Probable Cause for Issuance
Issuance of
of by substantial
by substantial evidence
(1)The
evidencethat:
Theitems
items sought
that:
sought are
are in
in fact
fact seizable
seizable by
Search Warrant
Search Warrant (1) by
virtue of
virtue of being
being connected
connected with criminal
criminal
Probable cause
Probable cause means
means the
the existence
existence ofof such
such facts
facts activity; and
activity; and
and circumstances
and circumstances which
which would lead aa reasonably
would lead reasonably (2)The
(2) Theitems
itemswill
willbe
be found
found in
in the
the place
place to
to be
be
discreet
discreet and
and prudent
prudent man
man to believe that:
to believe that: searched [People
searched [Peoplev.v. Tuan,
Tuan, G.R.
G.R. No.
No.
(1) An
(1) Anoffense
offense has
has been
been committed;
committed; andand 176066 (2010)]
176066 (2010)]
(2) Objects
(2) Objects sought
sought in connection
connection with
with the
offense are
offense are in place sought
in the place sought toto be AA search
search warrant
warrant issued
issued byby aa judge
judge who
whodid
didnot
not
searched [People
searched [Peoplev.v. Breis.,
Breis., G.R.
G.R. No.
No. ask searching questions but only leading
ask searching questions but only leading ones ones
205823 (2015)].
205823 (2015)]. and in
and in aa general
general manner
manner is invalid [Uy
is invalid [Uy v. BIR, G.R.
v. BIR, G.R.
No. 129651 (2000)]
No. 129651 (2000)]. .
This probable
This probable cause
cause must
must be
be shown
shown to
to be
be within
within
the personal
the personal knowledge
knowledge of of the
the complainant
complainant or
or the
the Although there
Although is no
there is no hard-and-fast rule governing
hard-and-fast rule governing
witnesses he
witnesses he may
may produce
produce andand not based on
not based on how aa judge
how judge should
should conduct
conduct his
his investigation,
investigation, itit
mere hearsay.
mere hearsay. The
The probable
probable cause
cause must
must refer axiomatic that
is axiomatic that thethe examination
examination must must be be
only to
only to one
one speci
specific [Roan v.
offense [Roan
c offense v. Gonzales,
Gonzales, probing and
probing and exhaustive,
exhaustive, not merely routinary,
not merely routinary,
G.R.
G.R. No.
No. 71410
71410 (1986)]
(1986)].. general, peripheral,
general, peripheral, perfunctory
perfunctory oror pro forma.
pro forma.
The judge
The judge must
must not
not simply
simply rehash
rehash thethe contents
contents
Note
Note:: Probable
Probablecausecausetoto arrest does not
arrest does not of
of the affidavit
the af but must
davit but must make
make his
his own
own inquiry
inquiry on
on
necessarily involve
necessarily involve aa probable
probable cause
cause to search
to search the intent
the intent and
and justi
justification of the
cation of application [Yao
the application [Yao
and vice-versa.
and vice-versa. v. People,
v. People, G.R.
G.R. No.
No. 168306
168306(2007)]
(2007)]..

iv. Personal
iv. Personal Examinationby
Examination byJudge
Judge of
of Examination under Oath
Oath
The judge
The judge must
must examine
examine under
under oath or
oath or
the Applicant
the Applicant and Witness
Witness
affirmation complainant and the witness
af rmation the complainant witness he
he
may produce [Sec. 2, Art. III, Const.]
may produce [Sec. 2, Art. III, Const.]
Procedure
Procedure for for Judge’s
Judge's Examination
Examination of of the
Complainant and Witnesses
Oath includes
Oath includes any
any form
form ofof attestation
attestation byby which
which aa
(1) The
(1) The examination
examination mustmust be be personally
personally
party signi
party signifies that he
es that he is
is bound
bound in in conscience
conscience toto
conducted by
conducted by the
the judge;
judge;
perform an
perform an act
act faithfully
faithfully and truthfully [Alvarez
and truthfully [Alvarezv.v.
(2) The
(2) The examination
examination must
must bebe inin the
the form
form ofof
CFI, G.R.
CFI, G.R. No.
No.45358
45358(1937)]
(1937)]. .
searching
searching questions
questions and answers;
and answers;
(3) The
(3) Thecomplainant
complainant andand the
the witnesses
witnesses shall
shall
Mere af
Mere affidavits
davits of the complainant
of the complainant or his
or his
examined on those
be examined those facts
facts personally
personally
witnesses are
witnesses are not sufficient.
not suf The examining
cient. The examining judge
judge
known to them;
them;
has to
has to take
take depositions
depositions inin writing
writing of
of the
the complaint
complaint
(4) The
(4) The statements
statements must
must bebe in writing and
or his
or his witnesses,
witnesses, andand attach
attach the same to
the same to the
under oath; and
under
[Prudente v.v.Judge
record [Prudente
record Judge Dayrit,
Dayrit, G.R.
G.R. No.
No. 82870
82870
(5) The
(5) Thesworn
swornstatements
statements of of the
the complainant
complainant
(1989)].
(1989)].
and the witnesses, together with
and the witnesses, together with thethe
affidavits
af submitted, shall
davits submitted, shall be
be attached
attached to to
the record. [Sec. 5, Rule
the record. [Sec. 5, Rule 126] 126]

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REMEDIAL LAW

v.
v. Particularity of
Particularity of Place
Place to Be
Be
Searched and Things to Be Seized
Seized
Exceptions: Where,
Exceptions: Where, by
by the nature of
the nature the
of the
goods to
goods be seized,
to be seized, their description must
their description must bebe
rather general,
rather general,itit isis not
not required
required that
that a
Warrant issued
Warrant issued must
must particularly
particularly describe
describe the
the technical description
technical description bebe given,
given, for
for this would
place to
place be searched
to be searched and
and the
the things
things to
to be seized
be seized mean that
mean that no
no search
search warrant
warrant could
could issue
issue
[Sec. 2, Art. III, Const.].
[Sec. 2, Art. III, Const.], [People v.
[People Rubio, G.R.
v. Rubio, G.R. No.
No. L-35500
L-35500 (1932)]
(1932)]..

Particularity
Particularity ofof Place
Place to
to be
be Searched
Searched The general
The general description
description of
of the
the documents
documents listed
listed
Description ofof the
Description place to
the place be searched
to be searched isis in the
in the search
search warrant
warrant does
does notnot render
render itit void
void ifif
sufficient
suf cient if the of
officer the search
cer with the search warrant
warrant itit is
is severable,
severable, and
and those
those items
items not
not particularly
particularly
can, with
can, with reasonable
reasonable efforts,
efforts, ascertain
ascertain and
and described may
described may bebe cut without destroying
cut off without destroying
identify the
identify the place
place intended [People v.
intended [People v. Veloso,
Veloso, the whole
the [Uy v.
whole [Uy v. BIR,
BIR, G.R.
G.R. No.
No. 129651
129651(2000)]
(2000)]..
G.R.
G.R. No.
No.L-23051
L-23051(1925)] .
(1925)].
The rule
The rule does
does not
not require
require that
that the
the property
property to
to
The
The search
search warrant
warrant does
does not
not require
require the
the name
name of
of be seized
be seized should
should be owned by
be owned by the
the person
person
the person
the person who
who occupies
occupies the described premises.
the described premises. against whom
against whom the
the search
search warrant
warrant isisdirected.
directed.ItIt
The search
The search warrant
warrant isis issued
issued for
for the
the search
search of
of is suf
is sufficient that the
cient that the person
person against
against whom
whom the
the
specifically
speci cally described
described premises
premisesonly
onlyandand not
not for
for warrant is
warrant is directed
directed has
has control
control of
of possession
possession of of
the search
the search ofof aa person [Quelnan v.
person [Quelnan v. People,
People, G.R.
G.R. the property
the property sought
sought to be seized [Burgos
be seized [Burgos v.v.
No.
No. 166061
166061 (2007)]
(2007)].. Chief of
Chief of Staff, G.R. No.
Staff, G.R. No. L-64261
L-64261(1984)]
(1984)]..

General Search
Search Warrants
Warrants
vi.
vi. Personal Property
Personal Property to
to be
be Seized
Seized
Rule: Things
General Rule: Things to
to be
be seized
seized must
must be
be
described particularly.
described General search
particularly. General search warrants
warrants What May
What May Be
Be Seized
are not
are not allowed.
allowed. [Sec.
[Sec. 2,2, Art.
Art. III, Const.]
III, Const.] (1)Personal
(1) Personal property
property subject
subject of the offense;
of the offense;
(2) Personal property stolen/embezzled
(2) Personal property stolen/embezzled and and
A general
A general warrant
warrant is
is de
defined as "a search
ned as search or other proceeds/fruits
other proceeds/fruits of the
the offense;
offense;
arrest warrant
arrest warrant that is not particular
particular as
as to
to the
the (3)Personal
(3) Personal property
property used
used or
or intended
intended to
to be
be
person to
person be arrested
to be arrested or
or the property to
the property to be used as
used as the
the means
means of committing
committing an
seized."
seized." offense [Sec.
offense [Sec. 3,
3, Rule
Rule 126]
126]

ItItisisone
one that
that allows
allows the
the "seizure
"seizure of one thing The scope
The scope of search warrant
of the search warrant is limited to
is limited
under a
under a warrant
warrant describing
describing another" and gives
another" and gives personal property.
personal property. It does not
It does issue for
not issue for seizure
seizureof
of
the of
the officer executing the
cer executing the warrant
warrant the
the discretion
discretion immovable properties
immovable properties [see
[see Sec.
Sec. 3,
3, Rule
Rule126]
126]
over which
over which items
items to take [Worldwide Web
take [Worldwide Web
Corporation v.v. People,
Corporation People, G.R.
G.R. No.
No. 161106
161106
c. Enforcement
c. Enforcement
(2014)].
(2014)].
i. Right
Right totobreak
breakdoor
door or
or window to
to
Where the
Where language used
the language used is
is too all-embracing
too all-embracing
as to include all
effectsearch
effect search[Sec.
[Sec.7,
7, Rule
Rule 126]
126]
as to include all the
the paraphernalia
paraphernalia of of petitioner
petitioner
in the
in the operation
operation of of its
its business,
business, the
the SW
SW is
constitutionally objectionable [Columbia
objectionable [Columbia IfIfthe
theof
officer
cer isis refused
refused admittance
admittance to
to the
the place
place of
of
constitutionally
directed search
directed search after giving notice
after giving notice of
of his
his purpose
purpose
Pictures v.
Pictures Flores, G.R.
v. Flores, G.R. No.
No. 78631
78631(1993)]
(1993)]..
and authority,
and authority, he/she
he/she maymay break
break open:
open:
(1)Any
(1) Anyouter
outer or or inner
inner door;
door; or
or

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REMEDIAL LAW

(2) Window
(2) Window of a house;
house; oror iv.
iv. Validityof
Validity ofsearch
search warrant
warrant[Sec.
[Sec.
(3) Any
(3) Any part
part of
of aa house;
house; or
or 10, Rule
10, Rule 126]
126]
(4)Anything
(4) Anything therein
therein to
to execute
execute the
the warrant
warrant
or liberate
or liberate himself
himself or
or any
any person
person lawfully
lawfully AA search
search warrant shall be
be valid
valid for
for ten
ten (10) days
aiding him
aiding him when
when unlawfully
unlawfully detained
detained from its
from its date.
date. Thereafter
Thereafter it shall
shall be void.
void.
therein.
therein.
v.
v. Receipt for
Receipt for the
the property
property seized
seized
ii.
ii. Two-witnessesRule
Two-witnesses Rule[Sec.
[Sec. 8,
8, Rule
Rule [Sec. 11,
[Sec. 11, Rule
Rule 126]
126]
126]
126]
General Rule:
General Rule: The The ofofficer seizing property
cer seizing property
General Rule:
General Rule:Any
Anysearch
search of
of aa house,
house, room,
room, or
or under the
under the warrant
warrant must
must give
give a
a detailed
detailed receipt
receipt for
for
any other
any other premise
premise shall
shall be
be made
made inin the presence
the presence thesame
the same to
to the
the lawful
lawful occupant
occupant of the premises
premises
of:
of: ininwhose
whose presence
presence thethe search
search and
and seizure
seizure were
were
(1)(1)
TheThe lawfuloccupant
lawful occupant thereof;
thereof; or
or made
made
(2) Any
(2) Any member
member of his family.
family.
Exception:InInthe
Exception: theabsence
absenceof ofsuch
such occupant,
occupant, the
the
Exception: In
Exception: the absence
In the absence of the lawful
of the lawful officer
of must leave
cer must leave a receipt in the place in which
which
occupant or
occupant or any
any member
member of of his/her
his/her family, there
family, there he found
he found the
the seized
seized property
property in
in the presence
presence of
of
must
must bebe two
two witnesses
witnesses of suf sufficient age and
cient age and at least
at least two
two witnesses
witnesses ofof suf
sufficient age and
cient age and
discretion residing
discretion residing in
in the
the same
same locality.
locality. discretion residing
discretion residing in the same
in the same locality.
locality.

ItIt must
must be
be stressed
stressed that is only
that it is only upon
upon their
their ItItisissettled
settled that
thatthe
thesignature
signature ofofananaccused
accused in
absence that
absence their presence
that their presence may
may be
be replaced
replaced byby the receipt
the receipt of
of property
property seized
seized is
is inadmissible
inadmissible in
two (2)
two (2)persons
persons ofof suf
sufficient age and
cient age and discretion
discretion evidence ifif itit was
evidence was obtained
obtained without
without the
the assistance
assistance
residing in
residing in the
the same
same locality [Tabingo v.
locality [Tabingo v. People,
People, of counsel
of [People v.
counsel [People v. Endaya,
Endaya, G.R.
G.R. No.
No. 205741,
205741,
G.R.
G.R. No.
No. 241610,
241610, (2021)]
(2021)].. (2014)].
(2014)].

iii. Time
iii. Time
of of making
making search[Sec.
search [Sec. 9, vi.
vi. Delivery
Deliveryofofproperty
property and
and
Rule 126]
Rule 126] inventory thereof
thereof to
inventory to court;
court; return
return
andproceedings
and proceedings thereon
thereon [Sec.
[Sec. 12,
12,
Rule: The
General Rule: The warrant
warrant must
must direct
direct that
that it Rule 126]
Rule 126]
be
be served
served in
in the day time.
the day time.
Under the
Under the rule,
rule, the
the of
officer must deliver
cer must deliver the
the seized
seized
Exception:ItItmay
Exception: maybe
beserved
served at
at any
any time of the
property to the judge who
property who issued
issuedthethewarrant.
warrant.ItIt
day or
day or night,
night, ifif the
theafaffidavit asserts that
davit asserts that the
must be
must be accompanied
accompanied by by aa true inventory duly
true inventory duly
property is
is on
on the
the person
person or
or in
in the
the place
place ordered
ordered
property verified
veri [People v.
ed [People v. Del
Del Castillo,
Castillo, G.R.
G.R. No.
No. 153254,
153254,
to be
to be searched.
searched.
(2004)].
(2004)].

d. Lawful
d. LawfulWarrantless
Warrantless Search
Search

GeneralRule:
General Rule: Searchofof
Search propertyis is
property unreasonableunless
unreasonable unless itithas
hasbeen
been authorized
authorized by
by aa valid
valid search
search
warrant.
warrant.

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Exceptions:
Exceptions:
(1) Search
(1) Search incidental to a lawful
lawful arrest;
arrest;
(2) Consented
(2) Consented search;
search;
(3) Search
(3) Search of a moving
moving vehicle;
vehicle;
(4) Checkpoint;
(4) Checkpoint;
(5) Plain
(5) Plain view;
view;
(6) Stop
(6) Stop and
and frisk;
frisk;
(7) Customs
(7) Customs search;
search;
(8) Rule
(8) Rulespeci
specific to Public
c to Public Utility Searches [Yu
Utility Searches v. Presiding
[Yu v. Presiding Judge,
Judge, G.R.
G.R.No.
No.142848
142848(2006)]
(2006)];;
(9)Airport
(9) AirportSearches [People v.
Searches [People v. O'Cochlain,
O’Cochlain, G.R.
G.R. No.
No.229071
229071(2018)] ;
(2018)];
(10)
(10) Other
Other exceptions,
exceptions, such
such as
as exigent
exigent circumstances.
circumstances.

Requisites
Requisites Notes
Notes

Search
Search Even without
Even without aa warrant,
warrant, the
the person
personarrested When an
arrested When an arrest
arrest is made, itit is
is
Incidental to
to may
may be searched for:
be searched for: reasonable for the arresting
reasonable arresting officer
of cer
Lawful Arrest
Lawful Arrest (a) Dangerous
(a) Dangerous weapons;
weapons; to search
to search the person
person arrested
arrested in in
(b)Anything
(b) Anythingwhich
whichmay
may have
have been
been order to
order to remove
remove anyany weapon
weapon that that
used in
used in the commission of
the commission of an
an the latter
the latter might
might use
use in order to resist
to resist
offense; or
offense; or arrest or
arrest or effect
effect his
his escape.
escape.
(c)Anything
(c) Anythingwhich
which may
may constitute
constitute Otherwise, the
Otherwise, the officer’s
of cer'ssafety
safetymightmight
commission of
proof in the commission of the
the well be
well be endangered,
endangered, andand the
the arrest
arrest
offense [Sec. 13, Rule 126] itself frustrated.
itself frustrated.
offense [Sec. 13, Rule 126]
Rule:The
Rule: The arrest
arrest must
must precede
precede the search;
search; Inaddition,
In addition, ititisisentirely
entirely reasonable
reasonable
the process
the process cannot
cannot be
be reversed.
reversed. forthe
for thearresting
arresting of officer search for
cer to search for
and seize
and seize any
any evidence
evidence on on the
the
The rule assumes
The assumes that that the
the arrest
arrest isislegal. arrestee’s person
legal.IfIf arrestee's person in order
order to prevent
prevent
the arrest
the arrest isis illegal,
illegal, then
then the
the search
search is is illegal itsconcealment
illegal its concealment or destruction
destruction
and as
and as aa result,
result, thethe things
things seized
seized areare [People v.
[People v. Calantiao,
Calantiao, G.R.G.R. No.
No.
evidence [People
inadmissible as evidence
inadmissible [Peoplev.v.Aruta,
Aruta, 203984 (2014),
203984 (2014), citing
citing Valeroso
Valerosov.v.
G.R.
G.R. No.
No. 120195
120195 (1998)]
(1998)].. CA, G.R.
CA, G.R. No.
No. 164815
164815 (2009)]
(2009)]..

Where a
Where a search
search isis first undertaken, and
rst undertaken, and an
an The warrantless
The warrantless search
search incident
incident to a
to a
arrest was
arrest was effected
effected based
based on
on evidence
evidence lawfularrest
lawful arrest cannot
cannot bebe made
made in a
produced by
produced by such
such search,
search, both
both search
search and
and place
place other
other than the place
than the place of
of arrest.
arrest.
arrest are
arrest are illegal [Lui v.
illegal [Lui v. Matillano,
Matillano, G.R.
G.R. No.
No. IfIfaasearch
search made
made at the place
place of
of
141176 (2004)]
141176 (2004)].. arrest yields
arrest yields nothing,
nothing, butbut aa second
second
search conducted
search conducted on suspect at
on suspect the
at the
police station
police station yields
yields evidence,
evidence, the
the
second search
second search is
is unlawful and
unlawful and
unreasonable [Vaporoso
unreasonable [Vaporoso v. People,
v. People,
G.R. No.
G.R. No. 238659
238659 (2019)]
(2019)]..

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Consented
Consented Incase
In case ofof consented
consented searches
searches or or waiver
waiverof Relevant to
of Relevant to the
the determination
determinationof of
Search
Search the constitutional
the constitutional guarantee
guarantee against
against consent are
consent are the
the following
following
obtrusive searches,
obtrusive searches, itit must
must first
rst appear
appearthat: characteristics of
that: characteristics of the
theperson
person giving
giving
(a) The
(a) The right exists;
exists; consent and
consent and the
the environment
environment in in
(b)The
(b) Theperson
person involved
involved hadhad which consent
which consent is is given:
given:
knowledge, either
knowledge, either actual
actualor or (a)The
(a) Theageage of of the
the defendant;
defendant;
constructive, of
constructive, of the
the existence
existence of of (b)Whether
(b) Whetherhe he was
was inin aa public
public
such right;
such right; and
and or secluded
or secluded location;
location;
(c)The
(c) Thesaidsaidperson
person had had an
an actual
actual (c)Whether
(c) Whetherhe he objected
objected to to the
the
intention to relinquish
intention relinquish the theright.
right. search or
search or passively
passively looked
looked
[People v.
[People v. Nuevas,
Nuevas, G.R.G.R. No.No. 170233
170233 on;
on;
(2007)]
(2007)] (d)The
(d) Theeducation
education and and
Consent to a search is not to
Consent to a search is not to be lightlybe lightly intelligence
intelligence of the of the
inferred, but
inferred, but must
must bebe shown
shown by by clear
clear and
and defendant;
defendant;
convincing evidence. It is the State
convincing evidence. It is the State which which (e)
(e) The Thepresence
presenceof of coercive
coercive
has the
has the burden
burden of of proving,
proving, by by clear
clear and
and police procedures;
police procedures;
positive testimony,
positive testimony, thatthat the
the necessary
necessary (f) The
(f) Thedefendant's
defendant's beliefbelief that
that
consent was
consent was obtained
obtained and and that
that it was freely
it was freely no incriminating
no incriminating evidence
evidence
and voluntarily
and voluntarily given [Valdez v.
given [Valdez v. People,
People, G.R.
G.R. will be found;
will be found;
No. 170180
No. 170180(2007)]
(2007)] (g)The
(g) Thenature
nature of of the
the police
police
questioning;
questioning;
(h) The
(h) The environment
environment in in which
which
the questioning
the questioning took took place;
place;
and
and
(i) The
(i) Thepossibly
possibly vulnerable
vulnerable
subjective state
subjective state ofof the
the
person consenting. [Caballes
person consenting. [Caballes
v. CA,
v. CA, G.R.
G.R. No. No. 136292
136292
(2002)]
(2002)]

Search
Search of a When aa vehicle
When vehicle is
is stopped
stopped and
and subjected
subjected to
to Peace officers
Peace of cers maymay lawfully
lawfully conduct
conduct
Moving Vehicle
Vehicle an
anextensive
extensive search,
search, such
such a
a warrantless
warrantless searches of
searches of moving
moving vehicles
vehicles without
without
search should
search should bebe constitutionally
constitutionallypermissible need of
permissible need of aa warrant
warrant as as it is
it is
only ifif the
only the of
officers conducting the
cers conducting the search
search impracticable to
impracticable to secure
secure aa judicial
judicial
have reasonable
have reasonable or probable cause
or probable cause to to warrant before
warrant before searching
searching aa vehicle
vehicle
believe, before
believe, before the
the search,
search, thatthat either:
either: since itit can
since can be
be quickly
quickly moved
moved out out of
of
(a) The
(a) Themotorist
motorist isis aa law-offender; or or the locality
the locality oror jurisdiction
jurisdiction inin which
which
(b) They
(b) They will
will find the instrumentality
nd the instrumentality or the warrant
or the warrant may may be be sought
sought [People
[People
evidence pertaining
evidence pertaining to a crime
to a crime in
in v.v.Tuazon,
Tuazon, G.R.
G.R. No.
No. 175783
175783 (2007)].
(2007)].
the vehicle
the vehicle toto be
be searched
searched [Caballes
[Caballes
v.CA,
v. CA, G.R.
G.R. No.
No. 136292
136292 (2002)].
(2002)]. However, these
However, these searches
searches would
would bebe
Officers
Of cers are are limited
limited toto routine
routine checks
checks where limitedtotovisual
where limited visual inspection
inspection and the
the examination
the examination of of the
the vehicle
vehicle isis limited
limited to
to vehicles or
vehicles or their
their occupants
occupants cannot
cannot
visual
visual inspection.
inspection. ForFor aa warrantless
warrantless search
search be subjected
be subjected to to physical
physical or or body
body

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ininaa moving
moving vehicle,
vehicle, itit is
is the
the vehicle
vehicle that is
that is searches, except
searches, except where
where there
there isis
the target
the target of
of the
the search,
search, and and not
not the
the probable cause
probable cause to to believe
believe that
that the
the
person. [People
person. [People v.v. Sapla,
Sapla, G.R. G.R. No.
No. 244045,
244045, occupant is
occupant is aa law
law offender
offender oror the
the
(2020)]
(2020)] contents of the vehicles
contents vehicles are
are
instruments or
instruments or proceeds
proceeds ofof some
some
criminal offense.
criminal offense.

Checkpoints; Searches
Checkpoints; Searches conducted
conductedinincheckpoints
checkpointsare
arevalid Routine inspections
valid Routine inspections are
are not
not regarded
regarded
Body Checks
Checksin
in asaslong
longas
as they
they are
are warranted
warranted by
by the
the as violative
as violative of an individual’s
of an individual'sright right
Airport
Airport exigencies of
exigencies of public
public order
order andand conducted
conducted in againstunreasonable
in against unreasonable search: search:
aa way
way least
least intrusive
intrusive to to motorists.
motorists. a) Where
a) Wherethetheof officer merely
cer merely
draws aside
draws aside the
the curtain
curtain ofof aa
Although the
Although the general
general rule rule isis that
that motorists
motorists vacant vehicle
vacant vehicle whichwhich isis
and their
and their vehicles
vehicles as as well
well asas pedestrians
pedestrians parked on
parked on the
the public
public
passing through
passing through checkpoints
checkpoints may may only
only be be fairgrounds
fairgrounds
subjected to
subjected to aa routine
routine inspection,
inspection, vehicles
vehicles b) OfOfficer
b) simply looks
cer simply looks into
into aa
may be
may be stopped
stopped and and extensively
extensively searched
searched vehicle
vehicle
when there
when there isis probable
probable causecause which
which justifies
justi es c) OfOfficer
c) flashes aa light
cer ashes light therein
therein
aa reasonable
reasonable belief
belief ofof the
the men
men at at the
the without opening
without opening car'scar’s doors
doors
checkpoints
checkpoints thatthat either
either the motorist is
the motorist is a
a law
law d) Occupants
d) Occupants not not subjected
subjected to to
offender or
offender or the
the contents
contents of of the
the vehicle
vehicle areare aa physical
physical search
search
oror have
have been
been instruments
instruments of of some
some offense
offense e) Inspection
e) Inspectionis is limited
limited to
[People v. Vinecario, G.R.
[People v. Vinecario, G.R. No. 141137 No. 141137 visual
visual search
search oror visual
visual
(2004)].
(2004)]. inspection, or
inspection, or f.f. Routine
Routine
check is
check is conducted
conducted in in aa fixed
xed
While the
While right of
the right of the
the people
people to to be
be secure
secure in in area
area
their persons, houses, papers,
their persons, houses, papers, and effects and effects
against unreasonable searches
against unreasonable searches and and seizures
seizures [Caballes
[Caballesv.v.CA,CA, G.R.
G.R. No.No. 136292
136292
isis guaranteed
guaranteed by by Section
Section2, 2,Article
ArticleIIIIII of
of the (2002)]
the (2002)]
1987 Constitution,
1987 Constitution, a a routine
routine security
security check
check
being
being conducted
conducted in air and
in air and sea
sea ports
ports has
has
been aa recognized
been recognized exception
exception [People
[Peoplev.v.
O’Cochlain, G.R.
O'Cochlain, G.R. No.No. 229071
229071(2018)].(2018)].

Plain View (a)Police


(a) Police must
must have
have prior
prior justi
justification
cation Limitations
Limitations
Situation
Situation to aa prior
to prior valid
valid intrusion
intrusion i.e.,
i.e., based
based ItItmaymaynot
notbe
beused
used to launch
launch
on the
on the valid
valid warrantless
warrantless arrest
arrest in
in unbridledsearches
unbridled searches and
and
which the
which the police
police are
are legally
legally present indiscriminateseizures
present indiscriminate seizures It
It does
does not
not
in the
in the pursuit
pursuit ofof their
their of
official duties extend
cial duties extendtotoaageneral
general exploratory
exploratory
(b) Evidence was
(b) Evidence was inadvertently
inadvertently search made
search made solely
solely to
to find evidence
nd evidence
discovered by
discovered by the police who
the police who have
have of defendant's
of defendant’s guilt [People
[People v.
v. Musa,
Musa,
aa right
right toto be
be where
where they
they are
are G.R. No.
G.R. No. 96177
96177 (1993)]
(1993)]
(c)Evidence
(c) Evidence mustmust be be immediately
immediately and and
apparently illegal
apparently illegal (i.e.,
(i.e., drug
drug Rationale
Rationale
paraphernalia)
paraphernalia)

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(d)Plain
(d) Plain view
view justi
justified mere seizure
ed mere seizure of
of The
The doctrine
doctrine is is aa recognition
recognition of of the
the
evidence without
evidence without further search
further search fact that
fact that when
when the the police
police come
come
across immediately
across recognizable
immediately recognizable
[People v.
[People v.Martinez,
Martinez, G.R.
G.R. No.
No. 191366
191366 incriminating evidence
incriminating evidence not named in
not named in
(2010)]
(2010)] the warrant,
the warrant, they should should notnot be
be
required to
required to close
close their
their eyes
eyes toto it,
it,
regardless of
regardless of whether
whether itit is
is evidence
evidence
of the
of the crime
crime theythey areare investigating
investigating or or
evidence of
evidence some other
of some other crime. The
crime. The
doctrine is
doctrine is also
also aa recognition
recognition of of the
the
fact that
fact that ititwould
would be be needless
needless
inconvenience to
inconvenience to require
require the
the police
police
to obtain
to obtain another
another warrant
warrant[US [USv.v.
Gray, 484
Gray, 484 F.2d
F.2d 352352 (6th
(6th Cir.,
Cir., 1978)]
1978)]

Stop and
Stop and Frisk
Frisk Stopand
Stop andfrisk
frisk is
is aa limited
limited protective
protectivesearch
search Dual Purpose of
Dual of Stop-and-Frisk
Situation
Situation of outer
of outer clothing
clothing for
for weapons
weapons [Malacat
[Malacat v.
v. (a) The
(a) The general
general interest
interest of
of
CA, G.R.
CA, G.R. No.
No. 123595
123595 (1997)]
(1997)] effective crime prevention
effective crime prevention
and detection;
and detection; and
and
Where aa police
Where police of
officer observes unusual
cer observes unusual (b) The
(b) Themore
more pressing
pressing interest
interest
conduct, which
conduct, which leads
leads him
him reasonably
reasonably to to of safety
of safety and
and self-
self-
conclude in
conclude in the
the light of his
light of his experience
experience thatthat preservation which
preservation which permit
permit
criminal activity may be afoot, and
criminal activity may be afoot, and that a that a the police
the police of
officer
cer to take
take
person with
person with whom
whom he he is
is dealing
dealing may
may bebe steps to
steps to assure
assure himself
himself that
that
armed and
armed and presently
presently dangerous,
dangerous, he he is
is the person
the person with whom
whom he he
entitled to conduct
entitled to conduct aa stop
stop and
and frisk
frisk search.
search. deals is
deals is not
not armed
armed with
with aa
deadly weapon
deadly weapon that
that could
could
Arresting of
Arresting officer should have
cer should have personally
personally unexpectedly and
unexpectedly and fatally
fatally be
be
observed
observed two or more
two or more suspicious
suspicious used against
used against the
the police
police
circumstances
circumstances toto warrant
warrant aa stop
stop and
and frisk
frisk officer.
of [Malacat v.
cer. [Malacat v. CA,
CA, G.R.
G.R.
search [Manibog
search [Manibog v.v. People,
People, G.R.
G.R. No.
No. 211214
211214 No. 123595
No. 123595 (1997)]
(1997)]
(2019)]
(2019)]
Stop and Frisk v.
Stop v. Search
Search
Incidental to Lawful Arrest
Arrest
The latter
The latter happens
happens when
when one
one isis
caught in flagrante
caught agrante delicto,
delicto, the
the
former is
former is done
done in order
order to
to prevent
prevent aa
crime from
crime from occurring
occurring [People
[Peoplev.v.
Cogaed, G.R.
Cogaed, G.R. No.
No. 200334
200334(2015)].
(2015)].

Enforcement of
of For
For the
theenforcement
enforcement of of customs
customs duties and General Rule:
General Rule:The
TheCMTA
CMTA does
does not
not
Customs Law tariff
tarifflaws,
laws, the
the Collector
Collector of Customs
Customs isis require aa warrant
require warrant for
for such
such searches.
searches.
authorized to
authorized to effect
effect searches
searches and
and seizure
seizure
[General Travel
[General Travel Services
Services v. David, G.R.
v. David, G.R. No.
No.
L-19259 (1966)]
L-19259 (1966)]

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REMEDIAL LAW

Exception:In
Exception: Inthe
the search
search of
of aa
The Customs
The Customs Modernization
Modernizationand andTariff
Tariff Act
Act dwelling house,
dwelling house, a
a search
search warrant
warrant is
is
(CMTA) authorizes
(CMTA) authorizescustoms
customsofficers
of cersto:
to: required [Sec.
required [Sec. 220,
220, CMTA]
CMTA]
(a)Enter,
(a) Enter,pass
pass through
through oror search
search any
any
land,enclosure,
land, enclosure, warehouse
warehouse [Sec.
[Sec. Note: RTCs
Note: RTCs areare devoid
devoid ofof any
any
219, CMTA];
219, CMTA]; competence to
competence to pass
pass upon
uponthethe
(b)Inspect/search/examine
(b) Inspect/search/examine any any vessel
vessel validity or
validity or regularity
regularity of of seizure
seizure andand
or aircraft
or aircraft and
and any
any forfeiture proceedings
forfeiture proceedings conducted
conducted by by
trunk/package/box/envelope or
trunk/package/box/envelope or any
any theBureau
the Bureauof ofCustoms
Customs and and toto enjoin
enjoin
person on
person on board,
board, oror stop
stop and
and or otherwise
or otherwise interfere
interfere with
with these
these
examine any
examine any vehicle/beast/person
vehicle/beast/person proceedings. It
proceedings. It is
is the
the Collector
Collectorof of
suspected of
suspected of holding/conveying
holding/conveying any any Customs, sitting
Customs, sitting in in seizure
seizure and
and
dutiable/prohibited article
dutiable/prohibited article forfeiture proceedings,
forfeiture proceedings, who who has
has
introduced into
introduced into the
the Philippines
Philippines exclusive jurisdiction
exclusive jurisdiction to to hear
hear and
and
contrary to law [Sec. 221,
contrary to law [Sec. 221, CMTA].
CMTA]. determine all
determine all questions
questions touching
touching on on
the seizure
the seizure andand forfeiture
forfeiture of
of dutiable
dutiable
goods [Asian
goods [Asian Terminals,
Terminals,Inc. Inc.v.v.
Bautista-Ricafort, G.R.
Bautista-Ricafort, G.R. No.
No. 166901
166901
(2006)].
(2006)].

Search
Search Prior to Entry
Prior Entry Inboth
In both situations
situations the search
search must
must
involving
involving also satisfy
also satisfy the
the following
following conditions
conditions
Public Utility
Public Utility Passengers and
Passengers andtheir
their bags
bagsand andluggages
luggagescan to qualify
can to qualify asas aa valid
valid reasonable
reasonable
Vehicles
Vehicles be subjected
be subjected to a routine
to a routine inspection
inspection akin
akin to search:
to search:
airport and
airport and seaport
seaport security
security protocol.
protocol. In In lieu
lieu (1)As
(1) Astotothethemanner
manner of the
of electronic
of electronic scanners,
scanners, passengers
passengers can can bebe search, itit must
search, must be be the
the least
least
required instead
required instead to open their
to open bags and
their bags and intrusive and
intrusive and must
must uphold
uphold
luggages for
luggages for inspection
inspection mademade inin the
the the dignity
the dignity of of the
the person
person oror
passenger's presence.
passenger's presence. Passengers
Passengers can can also
also persons being
persons being searched,
searched,
be frisked.
be frisked. minimizing, ifif not
minimizing, not altogether
altogether
eradicating, any
eradicating, any cause
causeforfor
Should the
Should the passenger
passenger object, he or
object, he or she
she can
can public embarrassment,
public embarrassment,
validly be
validly be refused
refused entry
entry into the terminal.
into the terminal. humiliation or
humiliation or ridicule;
ridicule;
(2)Neither
(2) Neithercan can the
the search
search result
result
While in Transit
Transit from any
from any discriminatory
discriminatory
motive such
motive such as as insidious
insidious
AA bus
bus can
can still
still be
be searched
searched by by government
government profiling,
pro stereotyping and
ling, stereotyping and
agents or
agents or the
the security
security personnel
personnel of of the
the bus
bus other similar
other similar motives.
motives.
owner in
owner in the
the following
following instances:
instances: The fundamental
The fundamental rights rights of
of
vulnerable identities,
vulnerable identities,
(1) Upon
(1) Upon receipt
receipt of
of information
information that
that aa persons with
persons disabilities,
with disabilities,
passenger aboard
passenger aboard carries
carries children and other
children other similar
similar
contraband or illegal articles;
contraband articles; the
the groups should
groups should be be protected.
protected.
bus can
bus can be be stopped
stopped en en route
route toto

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allow for
allow for an
an inspection
inspection of of the
the (3)As
(3) Astotothe
the purpose
purpose of
of the
the
person and his
person his or
or her
her effects;
effects; search, it must
search, must be con
confined
ned
(2)Whenever
(2) Wheneveraabus bus picks
picks passengers
passengers totoensuring
ensuring public
public safety.
safety.
en route,
en route, the
the prospective
prospective passenger
passenger (4)As
(4) Astotothe
theevidence
evidence seized
seized
can be frisked and
can and his
his or
or her
her bag
bag or
or from the
from the reasonable
reasonable search,
search,
luggage be
luggage be subjected
subjected to to the
the same
same courts must be convinced
courts convinced
routine inspection
routine inspection as as though
though thethe thatprecautionary
that precautionary measures
measures
person boarded
person boarded thethe bus
bus atat the
the were in
were in place
place to
to ensure
ensurethat
that
terminal; no evidence
no evidence waswas planted
planted
(3)AAmuscan
(3) bus can bebe flagged
fagged down
downat at against the
against the accused.
accused.
designated military
designated military oror police
police
checkpoints where
checkpoints where State
State agents
agentscan [Saluday v.
can [Saluday v.People,
People, G.R.
G.R. No.
No. 215305
215305
board the vehicle
board vehicle for
for aa routine
routine (2018)]
(2018)]
inspection of
inspection of the
the passengers
passengers and and
their bags
their bags oror luggage.
luggage.

[Saluday v.
[Saluday v. People,
People, G.R.
G.R. No. 215305
(2018)]
(2018)]

Exigent and In
Inone
onecase,
case,there
therewas
wasaaprevailing
prevailing general chaos and disorder because of
disorder because of an
an
Emergency ongoing coup,
ongoing coup, and
and the raid of
the raid of the
the of
office/building was precipitated
ce/building was precipitated by
by an
an intelligence
intelligence
Circumstances
Circumstances report that
report that said
said of
office was being
ce was being used
used asas HQ
HQ byby the
the RAM.
RAM.The
Theraiding
raidingteam
teamhadhadno
no
opportunity to
opportunity to apply
apply for
for warrant
warrantas as the
the court
court then
then was
was closed
closed [People
[People v.v. de
de Gracia,
Gracia,
G.R. Nos.
G.R. Nos. 102009-10
102009-10(1994)].
(1994)].

e. Rules
Rules on
on Cybercrime
Cybercrime Warrants 2. Where
2. Where any
any part
part
(A.M. No.
(A.M. No. 17-11-03)
17-11-03) of the
of the computer
computer
system used
system used isis
Reference
Reference:: Cybercrime
Cybercrime Prevention
Prevention Act
Act of 2012
of 2012 situated;
situated; oror
(hereinafter "RA
(hereinafter “RA 10175”)
10175") 3. Where
3. Where any
any of
of the
the
damage caused
damage caused
i.
i. VenueofofCriminal
Venue Criminal Actions
Actions to aa natural
to natural or
juridical
or
juridical person
person
took place
took place
Violation
Violation Venue
Venue
Note: The court
Note: court where
where
Section 44
Section The criminal
The criminal action
action shall
shall the criminal
the criminal action was
was
(Cybercrime
(Cybercrime be filed
be before the
led before the first
rst filed shall acquire
led shall acquire
offenses), RA
offenses), RA designated cybercrime
designated cybercrime jurisdiction to
jurisdiction to the
the
10175
10175 court of
court of the
the province
province or
or exclusion of other courts.
exclusion of other courts.
city:
city:
Section 55 (Other
Section (Other All other crimes
All crimes The criminal
The criminal action
action shall
shall
1. Where
1. Where the
the
offenses), RA
offenses), RA committed using
committed using be filed
be led before the regular
regular
offense or
offense or any
any of
of
10175
10175 Information and
Information and or specialized
or specialized courts
courts as
as
its elements
its elements is
is
the case
the case may
may be.
be.
committed; or
committed; or

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Communication
Communication penalized by
penalized by RPC
RPC other
other specialized
specialized RTC
RTC inin
Technology (ICT)
Technology (ICT) and other
and other special
special the
the places:
places:
laws if committed
laws committed 1. Where
1. Where thethe
using Information
using Information offense or
offense or any
anyofof
Communication
Communication its elements
its elements is is
Technology (ICT)
Technology (ICT) committed; or
committed; or
2. Where
2. Where anyany part
part
ii.
ii. Venue for Filing
Warrant
Warrant
Filing an
an Application
Applicationfor
for
of the
of the computer
computer
system used
system used isis
situated;or
situated; or
Violation
Violation Venue
Venue 3. Where
3. Where anyany ofof the
the
damage caused
damage caused
Section 44
Section Applicationshall
Application shall be
be filed
filed to aa natural
natural or
to or
(Cybercrime
(Cybercrime before the
before the designated
designated juridical person
juridical person
offenses), RA
offenses), RA cybercrime courts
cybercrime courts of
of the
the took place.
took place.
10175
10175 province or
province or the
the city
city
where:
where:
Section 55 (Other
Section (Other
offenses), RA
offenses), RA
1. Where
1. Where the
the iii.
iii. Incidents
Incidents Relatedto
Related to the
the Warrant
When a Criminal Action is
Warrant
offense or
offense or any
any of
of When a Criminal Action is
10175
10175 its elements
its elements is
is Instituted
Instituted
committed; or
committed; or
2. Where
2. Where anyany part
part 1. Once
1. Onceaacriminal
criminal action
action is
is instituted,
instituted, aa
of the
of the computer
computer motion to
motion to quash
quash andand other
other incidents
incidents
system used
system used isis that relate
that relate to
to the
the warrant
warrant shall
shall be heard
heard
situated; or and resolved
and resolved by bythe
thecourt
courtthat
that
situated; or
3. Where
3. Whereany
any of the
the subsequently acquired
subsequently acquiredjurisdiction
jurisdictionover
over
damage caused
damage caused the criminal
the criminal action.
action.
to aa natural
to natural or or
juridical person
juridical person 2. Prosecution
2. Prosecutionhas has the
the duty
duty to
to move
move for
took place.
took place. the transmittal
the transmittal ofof the
the records
records as well
well as
as
Note: Cybercrime
Note: Cybercrime courts
courts the transfer
the transferof ofthe
the items'
items’ custody
custody to
to the
the
in Quezon
in Quezon City,
City, City
Cityof of lattercourt
latter court following
following the
the procedures
procedures inin
Manila, Makati
Manila, Makati City,
City, Pasig
Pasig Sec. 7.2.
Sec. 7.2.
City, Cebu
City, Cebu City,
City, Iloilo
Iloilo City,
City,
Davao City,
Davao and Cagayan
City, and Cagayan iv.
iv. Examination of Applicant on
Examination on
De Oro
De Oro City
City have
have the
the Record Before
Record Before a warrant
warrant is issued
special authority
special authority to to act
act on
on
applications and
applications and issue
issue 1. Judge
1. Judgemust
mustpersonally
personally examine
examine the
the
warrants which shallshall be
be
applicant and
applicant and the
the witnesses
witnesses he
he may
may
enforceable nationwide
enforceable nationwide
produce:
produce:
and outside
and outside the
the a. InInthe
a. theform
formofofsearching
searching
Philippines.
Philippines. questions and answers;
questions answers;
b. InInwriting;
b. writing; and
and
All crimes
crimes Application shall
Application shallbebefiled
led
c. Under
c. Under oath.
oath.
defined,
de ned, and
and regular courts
with the regular courts or
or

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2. Applicant
2. Applicantand
andwitnesses
witnesses must
must be
be viii. Extraterritorial
viii. Extraterritorial Service
Service of
of
examined by
examined by the
the judge
judge on on facts
facts Warrants and Other Court
personally known
personally known to to them.
them.
Warrants and Other Court
Processes
Processes
3. Judge
3. Judgemust
mustattach
attach to
to the
the record
record their
their 1. Available
1. Availablefor
forpersons
persons or
or service
service
sworn statements
statements together
together with
with their
their providers outside the Philippines;
providers Philippines;
judicial af
judicial affidavits
davits submitted.
submitted.
2. Must
2. Mustbebecoursed
coursed through
through the
the DOJ
DO]--
v.
v. Effective Period
Period of
of Warrants
Warrants Office
Of Cybercrime;
ce of Cybercrime;

GeneralRule:
General Rule:Not
Notexceeding
exceeding 10
10 days
days from
from its
its 3. Must
3. MustbebeInInline
linewith
withall
all relevant
relevant
issuance.
issuance. international instruments
international instruments and/or
and/or
agreements.
agreements.
Exception:
Exception: TheTheissuing
issuing court
court may,
may, upon
upon
motion, extend
motion, extend its
its effectivity
effectivity based
based only
only on
on
justifiable
justi reasons for
able reasons for aa period
period not
not exceeding
exceeding 10
10
3. FRUIT
3. FRUITOF
OF THE
THE POISONOUS
POISONOUS TREE
TREE
from the
from the expiration
expiration of
of the
the original
original period.
period.

Otherwise known
Otherwise known as the exclusionary
as the exclusionaryrule
rule or
or the
the
vi.
vi. Contempt
Contempt fruit of
fruit of the
thepoisonous
poisonous tree
tree doctrine,
doctrine, this
this
constitutional provision originated
constitutional originated from Stonehill
Stonehill
The responsible
The responsible lawlaw enforcement
enforcement authorities
authorities
v. Diokno.
v. Diokno.
shall
shall be
be subject
subject to action for
to action for contempt
contempt in in case
case
of:
of: Doctrine
Doctrine
1. Failure
1. Failuretototimely
timely file the return
le the return for
for any
Evidence obtained
Evidence obtained through
through unlawful
unlawful seizures
seizures
of the
of the issued
issued warrants under this Rule; Rule;
should be
should be excluded
excluded as
as evidence
evidence because
becauseititisis"the
"the
2. Failure
2. Failuretotoduly
dulyturn-over
turn-over to to the
the court's
court’s
only
only practical
practical means
means of of enforcing
enforcing the the
custody
custody any
any ofof the
the items
items disclosed
disclosed
constitutional injunction
constitutional injunction against
against unreasonable
unreasonable
intercepted, searched,
intercepted, searched, seized,
seized, and/or
and/or
searches and
searches and seizures."
seizures." [People
[People v. Cogaed, G.R.
v. Cogaed, G.R.
examined.
examined.
No. 200334
No. 200334 (2014)]
(2014)]

vii.
vii. Obstruction of Justice for Non-
Obstruction
Compliance
Compliance F. BAIL
F. BAIL (RULE
(RULE 114)
114)
Failuretotocomply
1. Failure comply with
with the
the provisions
provisions of
of
Chapter
Chapter IV shall be
IV shall be punished
punished as
as aa
1. DEFINITION
violation of PD
violation of PD No. 1829 (or “Penalizing
(or "Penalizing
Obstruction
Obstruction OfOf Apprehension
Apprehension And
And
Bail
Bail is
is the
the security––
security—
Prosecution
Prosecution OfOf Criminal
Criminal Offenders”)
Offenders");;
-- Given
Given for the release
for the release ofof aa person
person in
in
custody of
custody of the
the law;
law;
2. The
Thecriminal
criminalcharge
chargeshall
shall be
be filed before
led before
- Furnished
Furnishedby byhim
himor oraa bondsman;
bondsman;
the designated
the designated cybercrime
cybercrime court with
court with
jurisdiction over
jurisdiction over the
the place
place where
where the
the
-- To Toguarantee
guaranteehis his appearance
appearance before
before any
any
court as
court as required under the conditions
conditions
noncompliance
noncompliance was was committed
committed
hereinafter speci
hereinafter specified
ed [Sec.
[Sec. 1,1, Rule
Rule114].
114].

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2. PURPOSE
2. PURPOSE A
A property
property bond
bond isis an
an undertaking
undertaking constituted
constituted as
as
aa lien
lien on
on the
the real
real property
property given
given as
assecurity
securityfor
for
a. ToTorelieve
a. relievean
anaccused
accused from
from the amount
the amount of the bail.
of the bail.
imprisonment until
imprisonment until his
his conviction
convictionand
and
yet secure
yet secure his
his appearance
appearanceatatthe thetrial;
trial; c. Cash
Cash Deposit
Deposit [Sec 14,
14, Rule
Rule114]
114]
[People v.
[People v. Hon.
Hon. Donato,
Donato, G.R.
G.R. No.
No. 79269
79269
(2011) && Enrile
(2011) Enrile v.
v. Sandiganbayan,
Sandiganbayan, G.R.
G.R. The accused
The accused oror any
any person
personacting
actingininhis
hisbehalf
behalf
No.
No. 213847
213847 (2016)]
(2016)] may deposit
may deposit in
in cash
cash with
with the
the nearest
nearest collector
collector or
or
internal revenue or provincial, city, or municipal
internal revenue or provincial, city, or municipal
b. Tohonor
b. To honorthe
thepresumption
presumptionof ofinnocence
innocence treasurer the
treasurer the amount
amount of of bail
bail fixed
xed byby the
thecourt,
court,
until his
until his guilt
guilt is
is proven
proven beyond
beyond or recommended
or recommended by by the
the prosecutor
prosecutor whowho
reasonable doubt
reasonable doubt[Sec.
[Sec.14,
14,Art.
Art.III,
III, investigated or
investigated or filed
led the case.
the case.
Constitution]; and
Constitution]; and
Upon
Upon submission
submissionof of aa proper
proper certificate
certi cate of
of
c. Toenable
C. To enablehim
himtotoprepare
prepare his
his defense
defense deposit and
deposit and aa written undertaking showing
written undertaking showing
without being subject
without being subject to punishment
to punishment compliance with
compliance with the
the requirements
requirements of of section
section 22 of
of
prior
prior to conviction [Cortes
to conviction [Cortes v.
v. Judge
Judge this Rule,
this Rule, the
the accused
accused shall
shall be
be discharged
discharged from
from
Catral,
Catral, A.M.
A.M. No.
No. RTJ-97-1387
RTJ-97-1387 (1997)]
(1997)] custody.
custody.

A
A person
person is is allowed
allowed to to petition for bail
petition for bail asas soon
soon The
The money deposited shall
money deposited shall be
be considered
considered asas bail
bail
as
as he
he is
is deprived
deprived of of his
his liberty
liberty by
by virtue
virtue of his
of his and applied
and applied to
to the
the payment
payment ofof fine and costs
ne and costs
arrest
arrest or voluntary surrender.
or voluntary surrender.An An accused
accused needneed while the
while the excess,
excess, ifif any, shall be
any, shall be returned
returned to
to the
the
not
not wait for his
wait for his arraignment
arraignment before
before filing
ling aa accused
accused oror to
to whoever
whoever made
made the deposit.
the deposit.
petition for
petition for bail
bail [Serapio
[Serapio v.v. Sandiganbayan,
Sandiganbayan, G.R. G.R.
No.
No. 148468
148468 (2003)]
(2003)] Recognizance [Sec 15,
d. Recognizance 15, Rule
Rule114]
114]

Whenever allowed
Whenever allowed by
by law
law or
or these
these Rules,
Rules, the
the
court may
court may release
release a
a person
person in custody to
in custody his
to his
3. FORMS
3. FORMS own recognizance
own recognizance or
or that of aa responsible
that of responsible
person.
person.
a. Corporate
a. CorporateSurety
Surety[Sec
[Sec 10,
10, Rule
Recognizance is
Recognizance is aa mode
mode ofof securing
securing the
the release
release
114]
114]
of any
of any person
person inin custody
custody or
or detention
detention for
for the
the
commission of
commission an offense
of an offense who
who isis unable
unable to to post
post
Anydomestic
Any domesticororforeign
foreign corporation,
corporation, licensed
licensed as
as
bail due
bail due toto abject
abject poverty. The court
poverty. The court where
where thethe
aa surety
surety in
in accordance
accordance with
with law
law and
and currently
currently
case
case ofof such
such person
person hashas been
been filed
led shall
shall allow
allow
authorized to
authorized to act
act as
as such,
such, may
may provide
provide bail
bail by
by aa
the release
the release of
of the
the accused
accused onon recognizance
recognizance as as
bond subscribed
bond subscribed jointly by the
jointly by the accused
accused and
and an
an
provided herein,
provided herein, toto the
the custody
custody of a qualified
of a quali ed
officer
of of the
cer of the corporation
corporation duly
duly authorized
authorized by
by its
its
member of
member the barangay,
of the barangay, city
city or municipality
or municipality
board of directors.
board
where the
where the accused
accused resides.
resides. [Recognizance
[Recognizance Act Act of
of
2012 (R.A.
2012 (R.A. No.
No. 10389)]
10389)]
b. Property
b. PropertyBond
Bond [Sec
[Sec 11, Rule
Rule 114]
114]

4. CONDITIONS
4. CONDITIONS OF THE
THE BAIL;
BAIL;
REQUIREMENTS
REQUIREMENTS
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imprisonment
imprisonment [Rule on Juveniles
[Rule on Juveniles in
in
All kinds
All kinds of bail
bail are
are subject
subject to
to the
the following
following Conflict
Con with the
ict with the Law,
Law, Sec.
Sec. 27,
27, A.M.
A.M. No.
No.
conditions:
conditions: 02-1- 18-SC
02-1- 18-SC (2009)]
(2009)]
1. Unless
1. Unless the
the court
court directs
directs otherwise,
otherwise, the
the
bail bond
bail bond posted
posted by by an
an accused
accused remains
remains
force at all
in force all stages
stages of the the case
case until
until
promulgation ofof the
promulgation judgment of
the judgment of the 6. WHEN
WHEN A
A MATTER
MATTER OF
OF DISCRETION
6. DISCRETION
Regional Trial
Regional Court.
Trial Court.
2. The
2. Theaccused
accused shallshall appear
appear before
before the the Upon conviction
Upon conviction by
by the
the RTC
RTC ofof an
an offense
offense not
not
proper court
proper court whenever
whenever required
required by by the
the punishable by death, reclusion perpetua, orlife
punishable by death, reclusion perpetua, or life
rules.
court or rules. imprisonment, admission
imprisonment, admission toto bail
bail is
is discretionary.
discretionary.
3. Failure
3. Failureofofthe
theaccused
accused to appear
appear at at the [Sec. 5, Rule
[Sec. Rule 114]
114]
trial without
trial without justijustification despite due
cation despite due
notice shall
notice shall be deemed a waiver of his
deemed a waiver of his Application for Bail
Application Bail
right to
right to be
be present
present thereat.
thereat. The
The trial
trial may
may The application
The application for bail may
for bail may be
be filed
led in and acted
in and acted
proceed in
proceed in absentia.
absentia. upon by
upon by the
the RTC
RTC despite
despitethe thefiling
lingofof notice
noticeofof
4. The
4. The bondsman
bondsman shall shall surrender
surrender the the appeal, provided
appeal, provided that
that itit has
has not
not transmitted
transmitted thethe
accused to
accused to court
court for
for execution
execution ofof the
the final
nal original record
original record to
to the
the appellate
appellate court.
court. [Sec.
[Sec.5,5,
judgment. [Sec.
judgment. [Sec. 2,2, Rule
Rule 114]
114] Rule 114]
Rule 114]

No
No release
releaseor
ortransfer
transfer except
except on
on court
court order
order IfIfthe
theRTC
RTC decision
decision changed
changed the
the nature
nature of
of the
the
or bail
bail offense from
offense from non-bailable
non-bailable to
to bailable,
bailable, the
the
No person
No person under detention by
under detention by legal
legal process
process shall
shall application
application for
for bail
bail can
can only
only be
be filed
led with and
with and
be released
be released or
or transferred
transferred except
except upon
uponorder
orderof of resolved only
resolved only by
by the
the appellate
appellate court.
court. [Sec.
[Sec. 5,
5,
the court
the court or
or when
when hehe is
is admitted
admitted to
to bail.
bail. [Sec.
[Sec. 3,
3, Rule 114]
Rule 114]
Rule 114]
Rule 114]
No Entitlement to Bail
If the conviction
If the conviction by
by the
the trial
trial court
court is
is for
for aa capital
capital
offense, the
offense, the accused
accused convicted
convicted of of aa capital
capital
offense is
offense is no
no longer
longer entitled
entitled to
to bail,
bail, and
and can
can
only be
only be released
released when
when the
the conviction
conviction is is reversed
reversed
5. WHEN
5. WHEN A MATTER
MATTER OF
OF RIGHT
RIGHT by the
by the appellate
appellate court.
court. [Sec.
[Sec. 13,
13, Article
ArticleIII,
III,
Const.]
Const.]
1. Before
Beforeoror after
after conviction,but
conviction, butpending
pending
appeal, by
appeal, by the
the first-level
rst-level courts;
courts; When Bail
When BailisisDenied
Denied/Canceled
/ Canceled
IfIfthe
thepenalty
penalty imposed
imposed by
by the
the trial court is
trial court is
2. Before
2. Before convictionbybyRTC
conviction RTC of
of an
an offense
offense imprisonmentexceeding
imprisonment exceeding 66 years,
years, the
the accused
accused
not punishable by
not punishable death, reclusion
by death, reclusion shall be
shall be denied
denied bail
bail or
or his
his bail
bail shall
shall be
be cancelled
cancelled
perpetua, or
perpetua, or life
life imprisonment
imprisonment [Sec.
[Sec. 4,
4, upon showing
upon showing by
by the
the prosecution,
prosecution, with notice to
with notice to
Rule 114];
Rule 114]; theaccused,
the accused, ofof any
any of
of the
the following
following [Sec.
[Sec. 5,5,
Rule 114]:
Rule 114]:
3. All
3. All children
children in
in con
conflict
ict with the law
with the law shall
shall a.a.Recidivism,
Recidivism,quasi-recidivism,
quasi-recidivism, or or habitual
habitual
be admitted
be admitted toto bail
bail as
as aa matter
matter of
of right
right delinquency or
delinquency or commission
commission of of aa crime
crime
before final
before conviction of
nal conviction of an
an offense
offense notnot aggravated by
aggravated by reiteration
reiteration ofof the
theaccused
accused
punishable by
punishable by reclusion
reclusion perpetua
perpetua or
or life
life

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b. The
b. Theaccused
accusedpreviously
previously escaped
escaped from
from How Determined
legal con
legal confinement, evaded sentence
nement, evaded sentence or or The capital
The capital nature
nature of
of the
the offense
offense is
is determined
determined
violated bail
violated bail conditions
conditions without valid
without valid by the
by the penalty
penalty prescribed
prescribed byby law
law and
andnot
notthe
the
justification
justi cation one actually
one actually imposed
imposed [Riano,
[Riano, 335,
335, 2016
2016 Ed.,
Ed.,
c.
C. Commission
Commission ofoffense
of offense while under
under citing Bravo
citing Bravo v.v. De
De Borja,
Borja, G.R.
G.R. No.
No. L-65228
L-65228
probation, parole
probation, parole oror conditional
conditional pardon
pardon (1985)]
(1985)]
d. Probability
Probability ofof flight;
ight;
e. Undue
Undue risk
risk of
of the
the commission
commission of of another
another Note
Note:: R.A.
R.A. 9346
9346 (An
(An Act
Act Prohibiting
Prohibiting the
the
crime during
crime during the
the pendency
pendency of of the
the appeal
appeal Imposition of
Imposition of Death
Death Penalty
Penalty in
in the
the Philippines)
Philippines)
[Sec. 5,
[Sec. 5, Rule
Rule 114]
114] enacted on
enacted on June
June 24, 2006 (which
24, 2006 (which repealed
repealed R.A.
R.A.
8177 and
8177 and R.A.
R.A. 7659)
7659) prohibited
prohibited the
the imposition
imposition
When New Application for Bail Required of the
of the death penalty.
penalty.
Upon conviction
Upon conviction ofof the
the RTC,
RTC, the
the bail
bail posted
posted
earlier as a matter of right loses its force
earlier as a matter of right loses its force and and
the accused
the accused must
must filele aa new
new and
and separate
separate
petition for bail. In deportation proceedings, bail
petition for bail. In deportation proceedings, bail 8.REQUIREMENT
8. REQUIREMENT OF
OF CUSTODY
CUSTODY
is discretionary
is discretionary upon
upon the Commissioner of
the Commissioner of
Immigration and Deportation
Immigration and Deportation [Harvey
[Harvey v.v. GeneralRule:
General Rule:Custody
Custody of
of the
the law
law is
is required
required
Defensor-Santiago,
Defensor-Santiago, G.R.G.R. No.
No. 82544
82544 (1990)]
(1990)] before the
before the court
court can
can act
act on
on anan application
application for
for
bail [Miranda v. Tuliao, G.R. No. 158763
bail [Miranda v. Tuliao, G.R. No. 158763
Note: In
Note: In Enrile
Enrile v.
v. People
People [G.R.
[G.R. No.
No. 213847
213847 (2006)]
(2006)]
(2015)], the
(2015)], the Court
Court ruled ruled that
thatananaccused
accused should
should
be
be granted
granted bail
bail ifif it is shown
it is shown that:
that: Exceptions: Custody isis not
Exceptions: Custody not required
required in
in cases
cases ofof
(1) The detainee
(1) The detainee will will not
not be
be a
a flight risk or
ight risk or aa witnesses posting
witnesses posting bail:
bail:
danger
danger toto the community; and
the community; and a. When
a. Whenbail
bailisisrequired
required toto guarantee
guarantee thethe
(2) There
(2) Thereexist
exist special,
special, humanitarian,
humanitarian, and and appearance of of a
a material
material witness
witness [Sec.
appearance [Sec.
compelling circumstances.
compelling circumstances. 14, Rule
14, Rule 119];
119];
b. When
b. Whenbail
bailisisrequired
required toto guarantee
guarantee thethe
The
The SC
SCfurther
further explained
explained that
that bail
bail for
for the
the appearance of
appearance of a
a prosecution
prosecution witness
witnessin in
provisional liberty
provisional of the
liberty of the accused,
accused, regardless
regardless ofof cases where
cases where therethere is
is substitution
substitution of
of the
the
the crime charged
the crime charged should
should bebe allowed
allowed information [Sec.
information [Sec. 14,
14, Rule
Rule 110]
110]
independently of
independently of the
the merits
merits charged,
charged, provided
provided
his continued
his continued incarceration
incarceration isis injurious
injurious to
to his
his
health
health and
and endanger
endanger his his life.
life.

7. CAPITAL
CAPITAL OFFENSE
OFFENSE

Definition
De nition
A
A capital
capital offense
offense is
is an
an offense
offense which
which under
under the
the
existing at
law existing at the
the time
time of
of commission
commissionand andofof
the application
the application for admission to
for admission to bail
bail is
is
punishable by
punishable by death
death [Sec.
[Sec. 6,
6, Rule
Rule 114]
114]

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REMEDIAL LAW

court, has
court, has the
the following
following rights
rights in
in the
the matter
matter of
of his
his
G. RIGHTS
G. RIGHTS OF
OF THE
THE ACCUSED
ACCUSED testifying or
testifying or producing
producing evidence,
evidence, toto wit:
wit:
(RULE 115)
(RULE 115)
(1) BEFORE
(1) BEFORE THE
THE CASE
CASEISIS FILED
FILED IN
IN
COURT (or
COURT the public
(or with the public prosecutor,
prosecutor,
1. GENERAL
1. GENERAL RIGHTS
RIGHTS OF
OF THE ACCUSED
ACCUSED for preliminary
for preliminary investigation),
investigation), but
but after
after
having been
having been taken
taken into
into custody
custody or
otherwise deprived
otherwise deprived of
of his
his liberty
liberty in
in some
some
a. To
a. Tobe
bepresumed
presumed innocent
innocent until
until the
the
signi cantway,
significant way, and on being
and on being
contrary
contrary is
is proved
proved beyond
beyond
interrogated by
interrogated bythe
thepolice
police––-
reasonable doubt;
reasonable doubt;
(a) The
(a) The continuing
continuing right
right to
to remain
remain
b. ToTobebeinformed
b. informedofofthe
thenature
nature and
and cause
cause
silent and to counsel;
silent counsel;
accusation against
of the accusation againsthim;
him;
(b) To
(b) Tobebe informed
informed thereof;
thereof;
c. ToTo
c. bebepresent
presentand
anddefend
defend in
in person
person and
and
by counsel
by counsel at every stage
at every stage of the
of the (c) Not to be subjected to force,
(c) Not to be subjected force,
violence, threat,
violence, threat, intimidation
intimidation oror
proceedings, from
proceedings, arraignment to
from arraignment
any other
any other means
means which
which vitiates
vitiates
promulgation of
promulgation of the
the judgment;
judgment;
the free will; and
the and
d. ToTotestify
testifyasasaawitness
witnessininhis
his own
own behalf;
behalf;
(d) To
(d) Tohave
have evidence
evidence obtained
obtained in
e.
e. To Tobe beexempt
exemptfrom frombeing
beingcompelled
compelled to
violation of these
violation these rights
rights rejected;
rejected;
be
be a
a witness against himself;
witness against himself;
and
and
f.f. ToToconfront
confrontand andcross-examine
cross-examine the the
witnesses against
witnesses against him him at
at the trial;
trial;
(2) AFTER
(2) AFTER THE
THE CASE
CASEISIS FILED
FILED IN
g. ToTohave
g. havecompulsory
compulsory processprocess issued
issued to to
COURT
COURT —-
secure the attendance
secure attendance of witnesses
witnesses and and
(a)To
(a) Torefuse
refuse to
to be
be aa witness;
witness;
production of
production other evidence
of other evidence in his
in his
(b) Not
(b) Not to
to have
have any
anyprejudice
prejudice
behalf;
behalf; whatsoever result
whatsoever result to
to him
him by
by such
such
h. To
h. Tohave
havespeedy,
speedy, impartial
impartial andand public
public
refusal;
refusal;
trial; and
trial;
(c) To
(c) To testify
testify in
in his
his own
own behalf,
behalf,
i.i. ToTo appeal
appeal ininallallcases
casesallowed
allowed andand in the
the
subject to
subject to cross-examination
cross-examination by
by
manner
manner prescribed
prescribed by law. [see
by law. [see Section
Section
the prosecution;
the prosecution;
on Appeals].
on Appeals].
(d) WHILE TESTIFYING,
(d) WHILE TESTIFYING, to to refuse
refuse to
to
answer aa speci
answer specific question which
c question which
[Sec. 1,
[Sec. 1, Rule
Rule 115,
115, Rules
Rules of
of Court]
Court]
tends to
tends to incriminate
incriminate him for
him for
some crime
some crime other
other than
than that
that for
for
which he
which he isis then
thenprosecuted.
prosecuted.
[People v.
[People v. Hon.
Hon. Ayson,
Ayson, G.R.
G.R. No.
No.
2.
2. RIGHTS
RIGHTS DURING
DURING TRIAL
TRIAL AND
AND
85215 (1989)]
85215 (1989)]
PRELIMINARY INVESTIGATION
PRELIMINARY INVESTIGATION V.
V.
CUSTODIAL INVESTIGATION
CUSTODIAL INVESTIGATION

A defendant
A defendant on
on trial
trial ororunder
underpreliminary
preliminary
investigation is
investigation is not
not under
under custodial
custodial interrogation.
interrogation.

AA person
person suspected
suspected of having committed
of having committed aa crime
crime
and subsequently
and subsequently charged
charged with its commission
with its commission in
in

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3. RIGHT TO
3. RIGHT TO BE
BE PRESUMED
PRESUMED INNOCENT
INNOCENT
the accused,
the accused, whose
whose exoneration
exoneration must
then be
then be granted
granted as aa matter
matter ofof right.
right.
The State's
a. The State’s Burden
Burden of Proof ● Rationale:
Rationale: It better
It is is bettertotoliberate
liberateaa guilty
man than to unjustly
man unjustly keep
keep in prison one
The State
The State carries
carries the onus probandi
the onus probandi in
in whose guilt has
whose has not been
been proven
proven by
by the
establishing the
establishing the guilt
guilt of the
the accused
accused beyond
beyond aa required quantum
required quantum of of evidence. People v.
evidence. [[People v.
reasonable doubt,
reasonable doubt, as
as aa consequence
consequenceofofthe thetenet
tenet Jampas yy Luaña,
Jampas Luaña, G.R.G.R. No. No. 177766
177766
ei incumbit probation,
ei incumbit probation, qui
qui dicit,
dicit, non
non qui
qui negat
negat,, (2009)]
(2009)]
which means
which means that
that he asserts, not
he who asserts, not he who
he who
denies, must
denies, must prove,
prove, and
and as
as a
a means
means of of respecting
respecting
the presumption
the presumption of
of innocence
innocence in in favor
favor of
of the
the man
man
or woman
or woman on
on the
the dock
dock for
for aa crime.
crime. 4. RIGHT
4. RIGHT TO
TO BE
BE INFORMED
INFORMED OF
OF THE
THE
NATURE
NATURE AND CAUSE
AND CAUSE OF
OF THE
THE
Accordingly, the
Accordingly, the State
State has
has the
the burden
burden of
of proof
proof to
to ACCUSATION AGAINST
ACCUSATION AGAINSTHIM
HIM
show:
show:
a. The
a. Thecorrect
correctidenti
identification of the
cation of the author
author ofof An accused
An accused cannot
cannot be convicted of
be convicted offense
of an offense
a crime; and
a crime; and unless it is
unless is clearly
clearly charged
charged in complaint or
in the complaint
b. The
b. Theactuality
actuality of
ofthe
thecommission
commission of the
of the information. To convict
information. convict him of an
an offense
offense other
offense with
offense the participation
with the participation ofof the than that
than that charged
charged in
in the complaint or
the complaint or information
information
accused.
accused. violation of this
would be a violation this constitutional
constitutional right.
[Burgos v.
[Burgos v. Sandiganbayan,
Sandiganbayan, G.R.G.R. No.
No. 123144
123144
All these
All these facts
facts must
must be
be proved
proved by the
the State
State (2003)]
(2003)]
beyond reasonable
beyond reasonabledoubt
doubtonon the
the strength
strength of
of its
evidence and
evidence and without solace from
without solace weakness
from the weakness a. Rationale
a. Rationale
of the
of the defense. [People v. Wagas,
defense. [People Wagas, G.R.
G.R. No.
No.
157943
157943 (2013)
(2013) Every element
Every element constituting
constituting the offense
offense must be
alleged in the
alleged the information.
information. The
The main purpose
purpose of
b. Presumption
Presumption of
of Innocence
Innocence requiring the
requiring the various
various elements
elements of of a crime
crime to be
be
set out
set out in
in the
the information
informationisistotoenable
enable the
the accused
accused
presumption of
The presumption innocence dictates
of innocence dictates that
that itit is to suitably
to suitably prepare
prepare hishis defense
defense because
because he he is
is
for the
for the Prosecution
Prosecution to demonstrate
demonstrate the guilt and presumed to
presumed to have
have nono independent
independent knowledge
knowledge of of
not for
not forthe
theaccused
accused totoestablish
establishinnocence.
innocence. the facts
the facts that
that constitute
constitute the offense. Andaya v.
offense. [[Andaya v.
Indeed, the
Indeed, the accused,
accused, being
being presumed
presumed innocent,
innocent, People, G.R.
People, G.R. No.No. 168486
168486(2006)]
(2006)]
carries no
carries no burden
burdenofof proof
proof on
on his or her
his or her
shoulders. [People v.
shoulders. [People Wagas, G.R.
v. Wagas, G.R. No. 157943
157943 b. Variance
b. Variance Between
Between Allegation
Allegation and
and
(2013)]
(2013)] Proof
Proof

ItItisisthus
thusthe
theprimordial
primordial duty
duty of
of the
theprosecution
prosecution A variance
A variance between
between the allegation in
the allegation the
in the
to present
to present its
its case
case with
with clarity
clarity and
and persuasion,
persuasion, to
to information and
information and proof
proof adduced
adduced during
during trial
trial shall
shall
the end
the end that
that conviction
conviction becomes
becomes the logical
the only logical be fatal
be fatal to
to the
the criminal
criminal case
case if it is
is material
material and
and inevitable
and inevitable conclusion.
conclusion. prejudicial to
prejudicial the accused
to the accused so
somuch
muchso
sothat
that itit
affects his
affects his substantial
substantial rights. [Andaya v.
rights. [Andaya People,
v. People,
•● Rule:
Rule: If If
thetheprosecution
prosecution fails
fails to
to G.R. No.
G.R. No. 168486
168486(2006)]
(2006)]
discharge its
discharge burden, the
its burden, court must
the court must
sustain the presumption
sustain presumption of innocence
innocence of
of

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While the
While the right toto be
be represented
represented by counsel
counsel is
is
5. RIGHT TO
5. RIGHT TO BE
BE PRESENT
PRESENT AND
AND TO
TO absolute, the
absolute, accused's option
the accused's optionto
to hire
hire one
one of
of his
his
COUNSEL
COUNSEL own choice
own choice is
is limited.
limited.

Such
Such option
option cannot
cannot be
be used
used to:
to:
Right to
a. Right to be
be Present
Present
(1) Sanction
(1) Sanction reprehensible
reprehensible dilatory
dilatory tactics;
tactics;
(2)Tri
(2) Trifle withthe
e with the Rules;
Rules; or
or
Trial in
Trial in absentia,
absentia, even
even of capital
capital offenses,
offenses, isis
(3) Prejudice
(3) Prejudice the
the equally
equally important
important rights
rights of
of
allowed ––
allowed provided that
— provided that after arraignment, the
after arraignment, the
the state
the state and
and the
the offended
offended party party to
to
accused:
accused:
speedy and
speedy and adequate
adequate justice. People v.v.
justice. [[People
(1) May
(1) May be
be compelled
compelled to
to appear
appearfor
for the
the
Serzo, G.R.
Serzo, G.R. No.
No.118435
118435(1997)]
(1997)]
purpose of
purpose of identification
identi cation by by the
the witnesses
witnesses
of the prosecution;
prosecution;oror
(2) Unquali
(2) Unqualifiedly
edly admits
admits in in open
open court
court after
after ii.
ii. Waivability
Waivability
arraignment that
arraignment that he
he isis the
the person
person named
named
as the
as the defendant
defendant in in the
the case
caseon
ontrial.
trial. The right
The right to
to counsel
counsel de parte is,
de parte is, like
like other
other
personal rights,
personal waivable so
rights, waivable so long
long as:
as:
Rationale (1) The
(1) The waiver
waiver is:is:
The reason
The reason for requiring the
for requiring the presence
presence of the
of the (a) Not
(a) Notcontrary
contrary toto law,
law, public
public order,
order,
accused, despite
accused, despiteaawaiver,
waiver,isis ––
— ifif he is allowed
he is allowed public policy,
public policy, morals
morals or good
or good
to be
to be absent
absent in
in all
allstage
stage ofofthe
theproceedings
proceedings customs; or
customs; or
without giving
without giving the
the People's
People’s witnesses
witnesses the
the (b) Prejudicial to
(b) Prejudicial to aa third
third person
person with
with
opportunity to
opportunity identify him
to identify him in
in court,
court, he
he may
may saysay aaright
right recognized
recognized by bylaw;
law;and
and
in his
in his defense
defense that
that hehe was
was never
never identified
identi ed asas the
the (2)The
(2) The waiver
waiver isisunequivocally,
unequivocally, knowingly
knowingly
person charged
person chargedinin the information, and
the information, and so is
so is and intelligently
and intelligently made. [People v.
made. [People v. Serzo,
Serzo,
entitled to acquittal.
entitled acquittal. Plus,
Plus, it’s possible that
it's possible that aa G.R. No.
G.R. No. 118435
118435 (1997)]
(1997)]
witness doesn’t
witness doesn't know
know the the name
nameof ofthe
theculprit,
culprit, but
but
can identify
can him ifif he
identify him he sees
sees him
him again. Carredo v.v.
again. [[Carredo c. Waivability
c. Waivability
People
People, , G.R.
G.R.No.No.77542
77542(1990)]
(1990)]
1. For
1. Forthe
thepresence
presenceof
ofthe
theaccused:
accused:This
This
right to
right to be
be present
present in the trial may
in the may be
be
b. Right
Rightto
toCounsel
Counsel
waived depending
waived depending on on the
the stipulations
stipulations of
of
the bail
the bail of
of the
the accused.
accused. The
The presence
presence of
of
During custodial
During custodial investigation,
investigation, arraignment,
arraignment, trial
trial
the accused
the accused is is mandatory
mandatory however
however when
when
and even on appeal:
and even on appeal:
itit is
is for
for the
the purpose
purpose of
of identification.
identi cation.
(1) The
(1) The accused
accused is is given
given the
the option
option to
to be
be
represented by
represented by aa counsel
counsel of his choice.
of his choice.
2. For
2. Forthe
theright
rightto
tocounsel:
counsel:
(2) But
(2) But when
when he he neglects
neglects or refuses to
or refuses to
Accused may
Accused may be allowed to defend
be allowed defend
exercise this
exercise this option arraignment
option during arraignment
himself in person
himself person when
when itit suf
sufficiently
ciently
and trial,
and trial, the
the court
court shall
shall appoint
appoint one
one for
for
appears to
appears to the
the court
court that he can
that he can properly
properly
[People v.
him. [People
him. v. Serzo,
Serzo, G.R.
G.R. No. 118435
protect his
protect his right
right without
without the
the assistance
assistance of
of
(1997)]
(1997)]
counsel.
counsel.
i. Limitations
Limitations
The following
The following are
are considered
considered to
to be
be waivers:
waivers:
•●Should
Shouldthetheaccused
accused be
be absent
absent without
without
justifiable
justi cause;
able cause;

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•●When
When accusedunder
accused undercustody
custodyescapes.
escapes. Exception:AAparty
Exception: partywho
whoisisnot
notan
anaccused
accused in
in a
criminal case
criminal case is
is allowed
allowed not
not to take the witness
witness
stand –– i.e., in administrative cases or
stand - i.e., in administrative cases or
proceedings that:
proceedings that:
6. RIGHT
RIGHT AGAINST SELF-
SELF- (1) Partook
(1) Partook of the nature
of the nature of aa criminal
criminal
6. AGAINST
proceeding; or
proceeding; or
INCRIMINATION
INCRIMINATION
(2) Analogous to
(2) Analogous to aacriminal
criminal proceeding.
proceeding.
This right
This right is
is accorded
accorded to every person
to every person who
who gives
gives Rosete v.
[[Rosete Lim, G.R.
v. Lim, G.R. No.
No. 136051
136051 (2006)]
(2006)]
evidence, whether
evidence, whether voluntarily
voluntarily oror underunder (3) ItItisislikewise
(3) likewise thethe opinion
opinion ofof the
the Court
Court that
that
compulsion of
compulsion of subpoena,
subpoena, in
in any
any civil,
civil, criminal,
criminal, or
or said exception
said exception applies
applies toto parties
parties in
in civil
administrative proceeding.
administrative proceeding. actions which
actions which are are criminal
criminal in nature. As
long as
long as the suit
suit is criminal in nature,
nature, the
The right is NOT to "be compelled to be aa witness
witness party thereto
party thereto can can altogether
altogether decline
decline toto
against himself."
against himself." take the
take the witness
witness stand.
stand.ItIt isis not the
not the
•
● It prescribes
prescribes an option of
an option
answer incriminating
answer incriminating questions
refusal to
of refusal
questions and
and not
to
not aa
character of
character
nature of
nature of the
the suit
of the suit involved
the proceedings
involved but
proceedings that
but the
the
that controls.
controls.
prohibition of inquiry.
inquiry.
● It It simplysecures
simply securestotoaawitness,
witness, whether
whether WhenititCan
b. When Can be
be Claimed
Claimed
he be a party or not, the right to refuserefuse
to answer any particular incriminatory
to answer any particular incriminatory For a Witness: For an Accused:
For Accused:
question —
question –– i.e.,
i.e., one
one the
the answer
answer to
to which
which
has a tendency
has tendency to incriminate him
to incriminate him for
for Can
Can claim this right
claim this right Can refuse
Can refuse outright
outright to
to
some crime.
some [People v.
crime. [People Hon. Ayson,
v. Hon. Ayson, G.R.
G.R. only
only when the specific
specific take
take the
the stand
stand as aa
No. 85215
No. 85215 (1989)]
(1989)] question, which
question, which isis witness.
witness.
incriminatory in
incriminatory in
Applicability
a. Applicability character, is
character, is actually
actually
propounded to
propounded to him.
him.
i.i. AsAs
to to KindofofEvidence
Kind Evidence
Cannot decline/refuse
Cannot Cannot be:
decline/refuse Cannot be:
[i.e., can be required]
[i.e., can be required] (1) Required to
(1) Required to
The right
The right against
against self
self-incrimination
incriminationisis just
just aa
prohibition on
prohibition on the use of
the use of physical
physical or
or moral
moral
to:
to: be aa witness
be witness
compulsionto to extort
compulsion extort communication
communication
(1) Appear
(1) Appear for the
for the
before the
before the prosecution,
prosecution,
(testimonialevidence)
(testimonial evidence)from
fromaadefendant,
defendant, not
not
exclusion of
an exclusion evidence taken
of evidence taken from his body
from his body
court; or
court; or for
for aaco-
co-
(2) Testify
(2) Testify accused, or
accused, or
when itit may
when may be
be material. [Herrera v.
material. [Herrera v. Alba,
Alba, G.R.
G.R.
altogether by
altogether by even himself.
even himself.
No.
No. 148220
148220 (2005)]
(2005)]
subpoena
subpoena (2) Compelled
(2) Compelled to to
testify or
testify or
ii. As As
ii. to to Kind
Kind ofofProceeding
Proceeding
produce
produce
evidence in
evidence in
Rule: Only
General Rule: Only an
an accused
accused in criminal
in a criminal
the criminal
the criminal
case can
case can refuse
refuse to
to take
take the
the witness
witness stand.
stand.
case in
case in which
which
•●TheThe right
right to to refusetototake
refuse takethe
thestand
stand does
does
he is an
he an
not generally
not generally apply
apply to parties in
to parties in
accused;
accused;
administrative cases
administrative cases oror proceedings.
proceedings.
[Rosete v.
[Rosete v. Lim,
Lim, G.R.
G.R. No.
No. 136051
136051(2006)]
(2006)]
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Purpose
a. Purpose

The right was


was designed
designedto: to:
7. RIGHT
7. RIGHT TO
TO CONFRONT
CONFRONT AND
AND CROSS-
CROSS- (1) To prevent
(1) To prevent oppressive
oppressive pretrial
pretrial
EXAMINE
EXAMINE incarceration;
incarceration;
(2)To
(2) Tominimize
minimizeanxiety
anxiety and
and concerns
concerns ofof the
the
a. Right
a. Rightto
to Confrontation
Confrontation accused to trial; and
accused to trial; and
(3) To
(3) Tolimit
limitthe
thepossibility
possibility that
that his
his defense
defense
The right
The right to
to confrontation
confrontation has
has aa two-fold
two-fold will be
will be impaired.
impaired.
purpose:
purpose:
(1) Primarily,
(1) Primarily, to afford the
to afford the accused
accused an
an When Violated
b. When Violated
opportunity to
opportunity to test
test the testimony
testimony of
of the
the
witness by
witness by cross-examination;
cross-examination;andand The right
The right to
to aa speedy
speedy disposition
disposition of case, like
of a case, like
(2) Secondarily, to allow the judge to the right
the righttotoaa speedy
speedy trial,
trial, is
is deemed
deemed violated
violated only
only
(2) Secondarily, to allow the judge to when:
observe
observe the
the deportment
deportment of the witness.
of the witness.
[People v. Sergio,
[People Sergio, G.R.
G.R. No.
No. 240053
240053 (1) The
(1) Theproceeding
proceeding isis attended
attended byby vexatious,
vexatious,
(2019)]
(2019)] capricious, and
capricious, and oppressive
oppressive delays;
delays;
(2) When unjusti
(2) When unjustified postponements of
ed postponements the
of the
b. Right
Rightto
toCross-Examine
Cross-Examine trial are asked
trial are asked for and secured; or
secured; or
(3) When,
(3) When, without
without cause cause or or justi
justifiable
able
Effect of Improper Cross-Examination
Improper Cross-Examination motive, a long
motive, long period of time is is allowed
allowed
When cross-examination
When cross-examination isisnotnot and cannot be
and cannot be to elapse
to elapse without
without the the party
party having
having his
done
done or completed due
or completed due to causes attributable
to causes attributable to
to [Remulla v.
case tried. [Remulla
case v.Sandiganbayan,
Sandiganbayan,
the party
the party offering
offering the
the witness,
witness, the
the uncompleted
uncompleted G.R. No.
G.R. No. 218040
218040 (2017)(2017);; Albert
Albert v.
testimony is
testimony is thereby
thereby rendered
rendered incompetent.
incompetent. Sandiganbayan, G.R.
Sandiganbayan, G.R. No.No. 164015
164015(2009)]
(2009)]
[People v.
[People v. Givera,
Givera, 402
402 Phil.
Phil. 547,
547, 571
571 (2001)]
(2001)]

H. ARRAIGNMENT
H. ARRAIGNMENT AND
AND PLEA
PLEA
Waivability
The right
The right to
to cross-examine
cross-examine may be be waived.
waived.
(RULE 116)
(RULE 116)
•● When
When an an accused
accused is is given
given the the
opportunity to
opportunity to cross-examine
cross-examine a witnesswitness
fails to
but fails to avail
avail of
of it,
it,the
theaccused
accused shall
shall 1. ARRAIGNMENT
1. ARRAIGNMENT
be deemed
be deemed to to have
havewaived
waivedthisthisright.
right.
•●TheThewitness'
witness'testimony
testimony givengiven during
during Definition
De nition
direct examination
direct examination will remain on record. record. ItItisisthe
thestage
stagewhere
whereissues
issues are joined and
•●If this
If this testimonyisisused
testimony usedagainst
against thethe withoutwhich
without whichthetheproceedings
proceedings cannot
cannot advance
advance
accused, there
accused, there will be
be nono violation
violation of
of the
the further or,
further or,ififheld,
held,will
willotherwise
otherwise be
be void
void [People
[People
right ofof confrontation. [Liong v.
confrontation. [Liong v. People,
People, v.v.Albert,
Albert, G.R.
G.R. No.No. 114001
114001 (1995)]
(1995)]
G.R. No.
G.R. No. 200630
200630 (2018)]
(2018)]
The accused
The accused must
must be
be informed
informed of:
of:
(a)The
(a) Thereason
reason for the indictment;
(b)The
(b) Thespeci
specific charges the
c charges the accused
accused isis
8. RIGHT
8. RIGHT TO
TO SPEEDY,
SPEEDY, IMPARTIAL,
IMPARTIAL, AND bound to face;
bound face;
PUBLIC TRIAL
PUBLIC (c)The
(c) Thecorresponding
corresponding penalty
penalty for
for the
the
charges.
charges.

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REMEDIAL LAW

- Conditions:
Conditions.
Rationale
Rationale a. The
a. Theaccused
accused is
is convicted
convicted of
of aa
Itsimportance
Its importance is is based
based on
on the
the constitutional
constitutional
capital offense
capital offense on the basis
basis of
of
rightof
right ofthe
the accused
accused to bebe informed.
informed.ItIt is
is at
at this
this
his plea
his plea of
of guilty, whether
guilty, whether
stage that
stage that the
the accused,
accused, for
forthe
thefirst
rsttime,
time,isis
improvident or not; and
improvident and
given the
given the opportunity
opportunity to know
know the
the precise
precise
b. Proof
b. Proofbeyond
beyondreasonable
reasonable
charge that
charge that confronts
confronts him Kummer v.
him [[Kummer v. People
People, ,
doubtwas
doubt wasestablished.
established.
G.R. No.
G.R. No. 174461
174461(2013)]
(2013)]
Effect:The
- Effect. The judgment
judgment of conviction
conviction
shall be
shall be sustained.
sustained.

Scenario 2:
Scenario 2:
2. PLEA
2. PLEA Conditions:
-- Conditions.
a.a.The
The accusedisis convicted
accused convicted of
ofaa
Definition
De nition capital offense
capital offense solely
solely onon the
the
Pertains to
Pertains the matter
to the matter which
which the
the accused,
accused, on
on basis of his plea of guilty,
basis of his plea of guilty,
his arraignment,
his arraignment, alleges
alleges in
in answer
answer to
to the
the whether improvident
whether improvident or or not;
not;
charge against
charge him.
against him. b. Without
b. Without proof
proof beyond
beyond
reasonable doubt because
reasonable because the the
a. Plea
a. Pleaof
ofGuilty
Guilty to
to Capital
Capital Offense
Offense prosecution:
prosecution:
i.i. Was Was not
not given
given an
an
opportunity to
opportunity to
1.
1. At
At the Trial Stage
Trial Stage
present its evidence;
present evidence;
The trial court must afford the prosecution
The prosecution an an or
or
opportunity
opportunity to to present
present evidence
evidence as
as to
to the
the guilt
guilt ii.
ii. Was given
Was given thethe
of the
of the accused
accused and and the precise degree
the precise degree ofof his
his opportunity to
opportunity to
culpability. Failure
culpability. Failure to
to comply
comply with
with these
these present evidence
present evidence but but
mandates constitute
mandates constitute grave
grave abuse
abuse of
of the improvident
the improvident pleaplea
discretion.
discretion. of guilt
of guilt resulted
resulted toto anan
undue prejudice
undue prejudiceto to
Effects:
Effects: either the
either the prosecution
prosecution
(a)Plea
(a) Plea of
of guilty
guilty to
to aa capital
capital offense
offense++ oror the
the accused.
accused.
proof beyond
proof beyond reasonable
reasonable doubt
doubt - Effect: The
Effect. Thejudgment
judgment of of conviction
conviction
= CONVICTION.
= CONVICTION. shall be set aside
shall aside and andthe thecase
case
remanded for re-arraignment and
remanded and
(b)Plea
(b) Plea of
of guilty
guilty to
to aa capital
capital offense
offense but
but forreception
for receptionof ofevidence
evidence pursuant
pursuant
NO proof
NO proof beyond
beyond reasonable
reasonabledoubt
doubt to Sec.
to Sec. 3, Rule
Rule 116
116 of the 2000 2000
==ACQUITTAL.
ACQUITTAL. Revised Rules
Revised Rules ofof Criminal
Criminal Procedure.
Procedure.

(c) Prosecution fails


(c) Prosecution fails to
to present
present any
any Scenario 3:
Scenario 3:
evidence despite
evidence despite opportunity to do
opportunity to do so
so -- Conditions:
Conditions.
= ACQUITTAL.
= ACQUITTAL. a. The
a. Theaccused
accusedisis convicted
convicted of aa
capital offense
capital offense solely
solely on
on the
the
2. At the
the Appeal
Appeal Stage basis of
basis ofaaplea
pleaofof
guilty,
guilty,
whether improvident
whether improvident or
or not;
not;
Scenario 1:
Scenario 1:

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b. Without
b. Withoutproof
proof beyond
beyond custodial
custodial and
and preliminary
preliminary
reasonable doubt
reasonable doubt because
because thethe investigations; and
investigations; and
prosecution failed
prosecution failed toto prove
prove (3)Under
(3) Underwhat
whatconditions
conditions he
he was
was
the accused's
the accused's guilt
guilt despite
despite detained and interrogated during
detained during the
the
opportunity totododo
opportunity so.so. investigations.
investigations.
EffectThe
-- Effect: : Thejudgment
judgment of of conviction
conviction
↓
shall be set aside
shall aside and
andthethe
accused acquitted.
accused acquitted. b. Ask
b. Ask the
the defense
defense counsel
counsel aa series
series ofof
questions as
questions as to
to whether he had
whether he had conferred
conferred
[Sec. 3.
[Sec. 3. Rule
Rule 116; People v.
116; People Pagal, G.R.
v. Pagal, G.R. No.
No. with, and
with, and completely
completely explained
explainedto,
to, the
the
241257]
241257] accused the
accused the meaning
meaning and
and consequences
consequences of of aa
plea of guilty.
plea of guilty.

Plea of
b. Plea of Guilty
Guilty to Non-Capital
Non-Capital ↓
Offense
Offense c. Elicit
c. Elicit information
information aboutabout the
the personality
personality
profile
pro le ofof the
the accused (age, socio-economic
accused (age, socio-economic
Trial court
Trial court may
may receive
receive evidence
evidence from
from the
the status, and
status, and educational
educational background)
background) which
which
parties to
parties to determine
determine the
the penalty
penalty to
to be
be imposed.
imposed. may
may serve
serve as as aa trustworthy
trustworthy index
index of his
of his
[Sec. 4, Rule
[Sec. Rule 116].
116]. capacity
capacity to to give
give aa free
free and
and informed
informed plea
plea of
of
guilty.
guilty.
↓

d. Inform
d. Inform the
the accused
accused the exact length
the exact length of
of
imprisonment
imprisonment or or nature
nature of the penalty
of the penalty under
under
that he
the law and the certainty that he will
will serve
serve
such sentence.
such sentence.

↓
3. SEARCHING
3. SEARCHING INQUIRY
INQUIRY →

e. Inquire
e. Inquire ifif the
the accused
accused knows
knows the crime with
the crime with
Definition
De nition which he
which he is
is charged
charged and
and fully explain to
fully explain him
to him
AA searching
searching inquiry
inquiry means
means more
more than
than informing
informing the elements
the elements of of the
the crime
crime which
which is
is the
the basis
basis
cursorily the accused
cursorily accusedthat
thathe
hefaces
facesaajail
jailterm
term of his
of his indictment.
but so
but so also,
also, the exact length
length of
of imprisonment
imprisonment ↓
under the
under the law
law and the certainty that he will
serve time
serve time at the national
at the national penitentiary
penitentiary oror aa f.f.All
Allquestions
questions posed
posed to
to the
theaccused
accused should
should
penal colony
penal [People v.
colony [People Bello,
v. Bello, bebe in
in aa language
language known
known andand understood
understood by
by
G.R. No.
G.R. No. 130411-14
130411-14 (1999)]
(1999)] the latter.
the
↓
Guidelines for
Guidelines for Conducting a Search
Search Inquiry
Inquiry
g. The
g. The trial
trial judge
judge must
must satisfy himself
himself that
that the
accused, in
accused, in pleading
pleadingguilty,
guilty, isis truly
truly guilty.
guilty. The
The
a. Ascertain
a. Ascertain from
from the
the accused
accused himself:
himself: accused must
accused must bebe required
required to
to narrate the
narrate the
(1)How
(1) Howhe hewas
was brought
brought into
into the
the custody
custody tragedy or
tragedy or reenact
reenact the
the crime
crime or or furnish
furnish its
its
of the law;
of the law; missing details
missing details
(2)Whether
(2) Whetherhe hehad
hadthe
theassistance
assistance of a
[People v.
[People v.Pastor,
Pastor, G.R.
G.R. No.
No. 140208
140208 (2002)]
(2002)]
competent counsel
competent counsel during
during the
the

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REMEDIAL LAW

I. MOTION
I. MOTION TO
TO QUASH
QUASH
5. IMPROVIDENT PLEA
5. PLEA

a. De
a. Definition
nition 1. MOTION
1. MOTION TO
TO QUASH
QUASH
An improvident
An improvident plea
plea isis one
one without
without proper
proper
information as
information as to
to all
all the
the circumstances
circumstances affecting
affecting Definition
a. De nition
it;it;based
based upon
upon a mistaken
mistaken assumption
assumption
or misleading
or misleading information/advice
information/advice [Black’s
[Black's Law
Law The motion
The motion to
to quash
quash isis the
the mode
mode by by which
which an
an
Dictionary]
Dictionary] accused, before
accused, before entering
entering hishis plea,
plea, challenges
challenges the
the
complaint or information
complaint information for insufficiency
insuf ciencyononits
its
face in
face in point
point of
of law,
law, or
or for
for defects
defects apparent
apparent on
on
b. Effect
b. Effectof
ofan
an Improvident Plea
Plea
its face.
its [Serapio v.
face. [Serapio v. Sandiganbayan,
Sandiganbayan, G.R. G.R. No.
No.
148468
148468 (2003)]
(2003)]
Plea of
Plea of guilty
guilty should
should not
not bebe held
held toto be
be sufficient
suf cient
to sustain
to sustain a a conviction
conviction in in the
the following
following cases:
cases:
(1) IfIfthe
(1) theaccused
accused does
does not clearly and and fully
fully Grounds
b. Grounds
understand the nature
understand nature of the offense
offense
charged;
charged; Rules of
of Court
Court
(2)
(2) IfIfhe
heisisnot
notadvised
advised asas to
to the
the meaning
meaning a. Facts
a. Factscharged
chargeddo
donot
not constitute
constitute an
an
and
and effect of the
effect of the technical
technical language
language offense;
offense;
often used in
often used in formal
formal complaints
complaints and and b. Court
b. Courttrying
tryingthe
thecase
casehas
has no
no jurisdiction
jurisdiction
information
information in in qualifying
qualifying the
the acts
acts over the offense charged;
over charged;
constituting the offense; or c. Court
C. Courttrying
tryingthe
thecase
casehas
has no
no jurisdiction
jurisdiction
(3) IfIfhe
(3) hedoes
does not
notclearly
clearly understand
understand the the over the person
over person of the accused;
accused;
consequences
consequences by by way
way of a heavy
of a heavy and
and d. ofofficer
d. cer who who led
filedthe
theinformation
information had
had no
no
even
even aa capital
capital penalty
penalty flowing from his
owing from his authority to do so;
authority so;
admission
admission of of his
his guilt
guilt of the crime
of the crime e. The
e. Theinformation
informationdoes does notnot conform
conform
[People v.
[People v. De
De Ocampo
Ocampo Gonzaga,
Gonzaga, G.R. G.R. substantially to the prescribed
substantially prescribed form;
form;
No.
No. L-48373
L-48373 (1984)].
(1984)]. (e.g. ifif there
(e.g. there is
is no
no certi
certification)
cation)
f.f.More
Morethan thanoneoneoffense
offenseisis charged,
charged,
except when
except when a a single
single punishment
punishment for
for
c. When Improvident
C. When ImprovidentPlea
Plea May
May be
various offenses
various offenses is prescribed
prescribed byby law;
Withdrawn
g. Criminal
g. Criminalactionactionororliability
liabilityhas
has been
been
extinguished;
extinguished;
At any
At any time before judgment
time before judgment of of conviction
conviction
h.Averments
h. Avermentswhich, which, ifif true,
true, would
would
becomes final,
becomes nal, the
the court
court may
may permit
permit anan
constitute a legal excuse or justification;
constitute a legal excuse or justi cation;
improvident plea
improvident plea of guilty to
of guilty to be
be withdrawn
withdrawn andand
be substituted
be substituted by
by aa plea
plea of
of not
not guilty
guilty [Sec.
[Sec. 5,
5, i.i. Accused
Accusedhas hasbeen
been previously
previously convicted
convicted
or acquitted
or acquitted of the offense offense charged,
charged,or or
Rule 116]
Rule 116]
the case
the case against
against him
him was
was dismissed
dismissed or
or
otherwise terminated without his
otherwise his
The withdrawal
The withdrawal ofof a a plea
plea of guilty is
of guilty is not
not aa
express consent.
express consent. [Sec.
[Sec. 3,
3, Rule
Rule 117]
117]
matter of right
matter of right of
of the
the accused
accused but
but ofof sound
sound
discretion
discretion of
of the trial court
the trial [People v.
court [People v. Lambino,
Lambino,
The grounds
The grounds as
as enumerated
enumerated in in Sec.
Sec. 3, Rule 117
3, Rule 117
G.R.
G.R. No.
No. L-10875
L-10875 (1958)]
(1958)]
are exclusive.
are exclusive.[Galzote
[Galzotev.v.People,
People, G.R.
G.R. No.
No.
164682
164682 (2011)]
(2011)]

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b. Failure
b. Failuretotocomply
comply with
with barangay
barangay
Rules of Summary Procedure
Procedure conciliation proceedings
conciliation proceedings [Sec.
[Sec.19,
19,
a. Lack
a. Lackofofjurisdiction
jurisdiction over
over the
the subject
subject Rules on
Rules on Summary
Summary Procedure]
Procedure]
matter
matter

Ground
Ground Notes
Notes

a.
a. Facts
Facts charged
charged Where itit is
Where is clear
clear that
that the
the information
information does
does not
not really
really charge
charge an
an offense,
offense, the
the
do not constitute
do case against
constitute case against the
the accused
accused must
must be
be dropped
droppedimmediately
immediately[Dela
[DelaChica
Chicav.v.
an
an Offense
Offense Sandiganbayan, G.R.
Sandiganbayan, G.R.No.
No.144823
144823(2003)]
(2003)]

The prosecution
The prosecution shall
shall be
be given
given by
by the
the court
court an
an opportunity
opportunity to to correct
correct the
the
defect by
defect by amendment.
amendment. TheThe motion
motion shall
shall be
be granted
granted ifif the
the prosecution
prosecution fails
fails to
to
make the
make the amendment,
amendment, or or the
the complaint
complaint or or information
information still
still suffers
suffers from
from the
the
same defect
same defect despite
despite the
the amendment.
amendment. [Sec.
[Sec. 4,
4, Rule
Rule 117]
117]

b.
b. Court has no Inaacriminal
In criminal prosecution,
prosecution, the the place
place where
where the
the offense
offense was
was committed
committed not
not only
only
jurisdiction over
jurisdiction over determines venue,
determines venue, butbut is
is an
an essential
essential element
element of
of jurisdiction [Sec. 15,
jurisdiction [Sec. 15, Rule
Rule
the
the offense 110; Lopez
110; Lopez v.
v. City
City Judge,
Judge, G.R.
G.R. No.
No. L-25795
L-25795 (1966)]
(1966)]
charged
charged
Inprivate
In privatecrimes,
crimes, the
the complaint
complaint of
of the
the offended
offended party
party isis necessary
necessary to confer
to confer
authority to
authority to the
the court
court [Donio-Teves
[Donio-Teves v.v. Vamenta
Vamenta Jr.,
Jr., G.R.
G.R. No.No. L-
L- 38308
38308 (1984)]
(1984)]

c. Court has
has no
no When the
When the accused
accused files
les aa MTQ
MTQ based
based onon this
this ground,
ground, he
he must do so
must do so only on
only on
jurisdiction
jurisdiction over this ground.
this ground. IfIfhe
heraises
raises other
other grounds,
grounds, hehe is
is deemed
deemed to
to have
have submitted
submitted his
his
the person of the person to
person to the
the jurisdiction
jurisdiction of
of the
the court
court [Sanchez
[Sanchez v. Demetriou, G.R.
v. Demetriou, G.R. No.
No. L-
L-
accused 11171-77 (1993)]
11171-77 (1993)]

Officer
d. Of cer who
who filed Authorityto
led Authority toFile
Fileand
andProsecute
Prosecute Criminal
Criminal Cases:
Cases:
the information
the information ItItisis vested
vested in:
in:
had no authority
had 1. Prosecutor
1. Prosecutor
to
to do
do so a. There
a. Thereisisno noneed
needfor
forthe
theprosecutor
prosecutor to to secure
secure a prior
prior written
written
authority or approval of the provincial or city prosecutor or
authority or approval of the provincial or city prosecutor or
chief state
chief state prosecutor
prosecutor oror the
the Ombudsman
Ombudsman or his deputy
or his deputy inin
order to
order to conduct
conduct PI of an offense
offense and
and filele an
an Information.
Information.
[Gomez v.
[Gomez v.People,
People, G.R.
G.R. No.
No. 216824
216824 (2020)]
(2020)]
b. The
b. Thelack lackofofprior
priorwritten
writtenauthority
authorityor orapproval
approval of of the
the handling
handling
prosecutor:
prosecutor:
i.i.Does Does
notnot affect
affect thethe acquisitionofofjurisdiction
acquisition jurisdiction byby the
the
trial court;
trial court;
ii.ii.Does Does
notnot affect
affect thethe trial
trial court’sjurisdiction
court's jurisdiction over
over the
accused or
accused or the
the subject
subject matter
matter of of the
the case;
case; and
and
iii.
iii. IsIs aa defect
defect that
that may
may bebe waived
waived byby the
the accused.
accused.
[Gomezv.v. People,
[Gomez People, G.R.
G.R. No.
No. 216824
216824 (2020)]
(2020)]

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REMEDIAL LAW

2.
2.Any
Anypeace
peaceofficer,
officer,ororpublic
public officer
officer charged with enforcement of
with the enforcement of
thelaw,
the law,ininMunicipal
MunicipalTrial
Trial Courts
Courts Or
or Municipal
Municipal Circuit
CircuitTrial
TrialCourts
Courtswhen
when
the prosecutor
the prosecutor assigned
assigned thereto
thereto or to the
or to the case
case is
is not
not available
available [Sec.
[Sec. 5,
5,
Rule 110]
Rule 110]
3. Commission on Elections regarding violations of election laws [Sec.
3. Commission on Elections regarding violations of election laws [Sec.
2(6),Art.
2(6), Art. IX-C,
IX-C, Constitution]
Constitution]
4. ByBythe
4. thegraft
graftinvestigating
investigatingofofficer forany
cer for any information
information filed
led in
in the
the
Sandiganbayan, with
Sandiganbayan, prior approval
with prior approval ofof the
the Ombudsman
Ombudsman [Sec. [Sec. 4(g),
4(g),
Rule II,
Rule Administrative Order
II, Administrative Order No.No. 07]
07]
5. ByByduly
5. dulydeputized
deputizedprosecutors
prosecutorsand andlegal
legalofofficers
cers ofofthe
theCOMELEC
COMELEC for for
election offenses
election offenses [Sec.
[Sec. 265, Art. XXII,
265, Art. XXII, Omnibus
Omnibus Election
Election Code]
Code]

AA procedural
procedural in
infirmity regarding legal
rmity regarding legal representation
representation isis only
only aa defect
defect which
which
does not
does result in
not result the quashing
in the quashing of
of an
an Information. Also, the
Information. Also, the trial
trial courts
courts do
do not
not
have the
have the power
power to quash an
to quash an Information
Information without a motion
without a motion by by the Accused.
the Accused.
[Gomez v.
[Gomez v. People,
People, G.R.
G.R. No.
No. 216824
216824 (2020)]
(2020)]

e. Complaint or The formal


The formal and
and substantial
substantial requirements
requirements are
are provided
provided for
for in
in Secs.
Secs. 6-12,
6-12, Rule
Rule
information does
information does 110.
110.
not
not conform
conform
substantially to GeneralRule:
General : Lackofofsubstantial
RuleLack substantialcompliance
compliancerenders
renders the
the accusatory
accusatory pleading
pleading
the
the prescribed
prescribed nugatory.
nugatory.
form
form
Exception:If Ifthe
Exception: thedefect
defectalleged
allegedininthe
theMTQ
MTQcan
can be
be cured
cured by
by amendment,
amendment, the
court shall
court shall order for that
that amendment
amendment to to be
be made
made [Sec. 4,
4, Rule
Rule 117]
117]

Vague or
Vague or broad
broad allegations
allegations are
are generally
generally not grounds for
not grounds for aa MTQ.
MTQ. TheThe correct
correct
remedy is
remedy is to
to file foraabill
le for billof
ofparticulars [Sec. 9,
particulars[Sec. 9, Rule
Rule 116;
116; Enrile
Enrile v.
v. People,
People, G.R.
G.R.
No.
No. 213455
213455 (2015)]
(2015)]

The accused
The accused may,
may, before
before arraignment,
arraignment, move
move forfor aa bill of particulars
bill of particulars to enable
to enable
him properly
him properly to
toplead
plead and
and prepare
prepare for
for trial.
trial.The
The motion
motion shall
shall specify
specify the
the alleged
alleged
defects of
defects of the
the complaint
complaint or
or information
information and
and the
the details
details desired
desired [Sec.
[Sec. 9,
9, Rule
Rule
116]
116]

f.f. More than


than one General Rule:AAcomplaint
GeneralRule: complaintororinformation
informationmust
mustcharge
charge only
only one offense
offense [Sec.
[Sec.
offense is charged 13,
13, Rule
Rule 110]
110]

Exceptions:
Exceptions:
1. When
1. Whenthe thelaw
lawprescribes
prescribesaasingle
singlepunishment
punishment for
for various
various offenses
offenses
13, Rule
[Sec. 13,
[Sec. Rule 110
110]]
2. Complex
2. Complexand andcompound
compoundcrimes,
crimes,except
except where
where one
one offense
offense was
committed to
committed to conceal
conceal another information (Peoplev.v.Gonzales,
information||(People Gonzales, G.R.
G.R.
No. 129894
No. 129894 (2000)]
(2000)]
3.
3. AnAnoffense
offenseincidental
incidentaltotothe
thegravamen
gravamenof ofthe
theoffense
offense charged
charged

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REMEDIAL LAW
LAW

4. A A
4. specific
speci crimeset
c crime setforth
forthininvarious
variouscounts,
counts, each
each of
of which
which may
may
constitute aa distinct
constitute distinct offense
offense
5. IfIf the
5. the accused
accusedfails
fails to
to object;
object;thethecourt
courtmay
may convict
convictasasmany
many as
as are
are
charged and
charged and proved
proved andand impose
impose onon him
him the
the penalty
penalty for
for each
each (Rule
(Rule
120, Section
120, Section 3) [People v.
3) [People Villamor, G.R.
v. Villamor, G.R. No.
No. 124441
124441(1998)]
(1998)]

g. Criminal action When Criminal


When Criminal Liability
Liability is
is Extinguished:
Extinguished:
or liability has
or has 1. Death
1. Deathofofthetheaccused,
accused,but butliability
liabilityfor
forpecuniary
pecuniary penalties
penalties isis
been extinguished extinguished only
extinguished only ifif death
death occurs
occursbefore
beforefinal
naljudgment;
judgment;
2. Service
2. Serviceofofsentence,
sentence,which which must
must bebe by
by virtue
virtue of
of aa final judgment and
nal judgment and
in the
in the form
form prescribed
prescribed by by law;
law;
3. Amnesty;
3.4.Amneste
Absolutepardon;
pardon;
5. Prescription
5. Prescription ofof the
the crime;
6. Prescription
Prescription of of the
the penalty;
penalty;
7. Pardon
7. Pardonininprivate
privateoffenses
offenses [Art.
[Art.89,
89, RPC]
RPC]

h. Contains
Contains Examples:
Examples:
averments that
that ifif 1. Justifying
1. Justifyingcircumstances
circumstances [Art.
[Art. 11,
11, RPC]
RPC]
true
true would
would 2.
2. Exempting
Exempting circumstances
circumstances [Art. 12, RPC]
[Art. 12, RPC]
constitute a legal
constitute 3. Absolutory
Absolutory causes [Intestate Estate
causes [Intestate Estate of
of Vda.
Vda. de
de Carungcong
Carungcong v. People,
v. People,
excuse or G.R. No.
G.R. No. 181409
181409 (2010)]
(2010)]
justification
i.i. Accused
Accused hashas When Dismissal
When Dismissal Constitutes
ConstitutesAcquittal
Acquittal
been previously Dismissal constitutes
Dismissal constitutes acquittal
acquittal when
when itit is
is granted:
granted:
convicted
convicted or or 1.
1. Upon
Upondemurrer
demurrertotoevidence; [Riano 439,
evidence;[Riano 439, 2016
2016 Ed., citing People
Ed., citing Peoplev.v.
acquitted of the Tan, G.R. No. 167526
Tan, G.R. No. 167526 (2010)](2010)]
offense charged,
offense charged, 2. Due
Duetotoviolation
violationofofright
righttotospeedy
speedytrialtrial(even
(evenififdismissal
dismissal was
was upon
upon
or
or the
the case
case against
against motion of
motion of the
the accused
accused or or with his express
with his express consent) Riano 439-
consent) [[Riano 439-440,
440,
him was
him was dismissed
dismissed 2016 Ed.,
2016 Ed., citing Andres v.
citing Andres v. Cacdac,
Cacdac, G.R.
G.R. No.
No. L-45650
L-45650(1982)]
(1982)]
or otherwise
or otherwise
terminated
terminated Dismissal versus
Dismissal versusAcquittal
Acquittal
without his
without his
consent
consent
Dismissal
Dismissal Acquittal
Acquittal

Basis
Basis for action Does not decide
Does not decidethe
thecase
case | Always based on
Always based on the
the
on the merits
on merits merits
merits

Does not
Does not determine
determine Defendant’s guilt
Defendant's guilt was
was not
not
innocence or
innocence or guilt
guilt proven beyond
proven beyond reasonable
reasonable
doubt
doubt

Does double
double Double jeopardy
Double jeopardy does
doesnot Doublejeopardy
not Double jeopardy always
always
jeopardy attach
jeopardy attach always attach
always attach attaches
attaches

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REMEDIAL LAW

See more
See more below
below.:
1. Double
1. DoubleJeopardy;
Jeopardy;
2. Provisional Dismissal.
2. Provisional Dismissal.

The right
The right against
against double
double jeopardy
jeopardy prohibits
prohibits the
the
c. Waiver
c. Waiverof
ofGrounds
Grounds prosecution for
prosecution for aa crime
crime of
of which
which he
he has
has been
been
previously convicted
previously convicted oror acquitted [Caes v.
acquitted [Caes IAC,
v. TAC,
GeneralRule:
General Rule:Failure
Failureof ofthe
theaccused
accused to assert
assert G.R. No.
G.R. No. 74989-90
74989-90(1989)]
(1989)]
any ground
any ground on
on aa MTQ
MTQ before
before he
he pleads,
pleads,either
either
because he
because he did
did not
not file
le MTQ
MTQ oror failed
failed to
to allege
allege b. Purpose
b. Purpose of
of the
the Rule against
against
said ground
said ground in
in the
the MTQ
MTQ shall
shall be
be deemed
deemed aa Double Jeopardy
Double Jeopardy
waiver of
waiver of any
any objections.
objections. [Sec.
[Sec. 99 Rule
Rule117].
117].
ItItguarantees
guarantees that
that the
the state
state shall
shall not be
Exceptions [OJ-AL-CJA]:
[OJ-AL-CJA]: permitted
permitted to to make
make repeated
repeated attempts
attempts toto convict
convict
(1) Facts charged
(1) Facts charged do do not constitute an
not constitute an an individual
an individual for
for an
an alleged
alleged offense,
offense, thereby
thereby
Offense;
Offense; subjecting him
subjecting him to
to embarrassment,
embarrassment, expense
expense and
and
(2) Court
(2) Courttrying
tryingthe
thecase
case has
has nono Jurisdiction
Jurisdiction ordeal and
ordeal and compelling
compelling him to live
him to live in
in a
a continuing
continuing
over
over the offense charged;
the offense charged; state of
state of anxiety
anxiety and
and insecurity. People v.
insecurity. [[People v.
(3) Criminal
(3) Criminal Action
Action oror Liability
Liability has
has been
been Velasco,
Velasco, G.R.
G.R. No.
No. 127444
127444 (2000)]
(2000)]
Extinguished;
Extinguished;
(4) Accused has
(4) Accused has been
been previously
previously Convicted,
Convicted, Primarily,
Primarily, it prevents the
it prevents the State
State from:
from:
or in
or in Jeopardy
Jeopardy of of being
being convicted,
convicted,oror (1) Suing criminal
(1) Suing criminal processes
processes asas instrument
instrument
Acquitted of the offense charged
Acquitted of the offense charged [Sec. [Sec. toharass
to harass the
the accused
accused and
and wear
wear him
him out
out
9, Rule
9, Rule 117]
117] by
by the multitude of
the multitude of cases
cases
(2) Successively retrying
(2) Successively retrying the defendant in
the defendant in
thethe hopeofofsecuring
hope securing aa conviction
conviction
(3) Successively retrying
(3) Successively retrying the defendant in
the defendant in
2. DOUBLE
2. DOUBLE JEOPARDY
JEOPARDY the hope
the hope of
of securing
securing aa greater penalty
greater penalty
People v.
[[People CA, G.R.
v. CA, G.R. No.
No. 159261
159261 (2007)]
(2007)]
a. De
a. Definition
nition
Requisites to
c. Requisites to Successfully
Successfully Invoke
Invoke
Double
Double jeopardy presupposes that:
jeopardy presupposes that: Double Jeopardy
(1) AA first
(1) jeopardyhas
rst jeopardy hasalready
already attached
attached
prior to the
prior to the second
second jeopardy;
jeopardy; andand (1)AA first
(1) jeopardymust
rst jeopardy must have
have attached;
(2) The first
(2) The has been
rst has been terminated
terminatedbecause:
because: (2)The
(2) The first jeopardy must
rst jeopardy must havehave been
been
(a) He has
(a) He has already
already been:
been: validly terminated; and
validly and
(i)
(i) Convicted;
Convicted; or (3)The
(3) Thesecond
second jeopardy
jeopardy must
must bebe for
for the
the
(ii)
(ii) Acquitted; or
Acquitted; or same offense
same offense oror the
the second
second offense
offense
(b)The
(b) Thecasecase against
against him waswas necessarily includes
necessarily includes or
or isis necessarily
necessarily
terminated or
terminated or dismissed
dismissed without
without included in
included in the
the offense
offense charged
charged inin the
the
his
his express consent.
express consent. first information, or is an attempt
rst information, attempt to to
commit the
commit the same
same oror aa frustration
frustration

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REMEDIAL LAW

thereof [People v.
thereof [People v. Espinosa,
Espinosa, G.R.
G.R. Nos.
Nos. (2)When
(2) Whenthethesame
same criminal
criminal act
act gives
gives rise
rise to
to
153714-20
153714-20 (2003)]
(2003)] two or
two or more
more separate
separate and
and distinct
distinct
offenses;
offenses;
Requisites for
for First Jeopardy
Jeopardy to
to Attach
Attach
(1) Valid
Valid indictment;
indictment; (3) Preliminary
(3) Preliminary investigation
investigation(PI);(PI);
(2) Before a competent court;
(2) Before -
- A A PI
PI is merely
merely inquisitorial.
inquisitorial.ItIt isis
(3) Arraignment;
Arraignment; executive in
executive in character
character and
and isis not
not
(4)
(4) AA valid
valid plea
plea entered;
entered; and
and part of the trial;
part trial; hence,
hence,aaPIPIisis
(5) The
(5) Theaccused
accused hashas been
been convicted
convicted or
or not aa trial to which double
not double
acquitted, or
acquitted, or the
the case
case dismissed
dismissed or
or jeopardy attaches.
jeopardy attaches.
otherwise validly
otherwise validly terminated
terminated without
without his
his
express consent
express People v.
consent [[People Honrales,
v. Honrales, (4) When
(4) Whenthe
thefirst
first offense
offensewas
wascommitted
committed
G.R.
G.R. No.
No. 182651
182651 (2010)]
(2010)] under the
under the RPC
RPC and
and the
the second
second was
was
committed under
committed under a
a special
special penal
penal law;
law;
However,
However, a dictated, coerced,
a dictated, coerced, and
and scripted
scripted
verdict of
verdict of acquittal
acquittal is
is aa void
void judgment.
judgment. It neither
It neither (5)When
(5) Whentwo
twooffenses
offenses are
are punished
punished by
by two
two
binds
binds nor
nor bars
bars anyone Galman v.
anyone [[Galman v. separate penal
separate penal laws;
laws;
Sandiganbayan, G.R.
Sandiganbayan, G.R.No.No.72670
72670(1986)]
(1986)]
(6)The
(6) Themere
mere filing of two
ling of two informations
informations
d.
d. Effect
Effect charging the
charging the same
same offense
offense when
when there
there
is not
is not yet
yet aa conviction,
conviction, acquittal,
acquittal, or
or
The conviction
The conviction or acquittal of the accused
accused or or the
the termination without consent
termination consent ofof any
anyofof
dismissal of
dismissal of the
the case
case shall
shallbe
beaabar
bartoto another
another the two
the twocases [People v.
cases [People v. Pineda,
Pineda, G.R.
G.R. L-
L-
prosecution
prosecution for:
for: 44205 (1993)
44205 (1993)
(1) The
(1) The offense
offense charged; or
(2) Any attempt
(2) Any attempt to to commit
commit the
the same
same or or f.f.Kinds
KindsofofDouble
Double Jeopardy
Jeopardy
frustration thereof;
thereof; oror
(3)Any
(3) Anyoffense
offensewhich
whichnecessarily
necessarily includes
includes Double
Double Double
Double
or is
or is necessarily
necessarily included
included in
in the
the offense
offense Jeopardy for
Jeopardy for Jeopardy
Jeopardy
charged in
charged in the
the former
former complaint
complaint oror the Same
Same When an
When an
information [Sec.
information [Sec. 7,
7, Rule
Rule 117]
117] Offense
Offense Act
Act
Punished by
Punished by
Double jeopardy
e. Double jeopardy does
does not apply to aa Law and
Law and
these cases:
these an
an
Ordinance
Ordinance
(1) Administrative
(1) Administrative Cases;
Cases;
-
- The
The dismissalof
dismissal of the
the criminal
criminal General
General There is
There is identity
identity There can
There can still
still
case does
case does not
not result
result in
in the
the Rule
Rule between the
between the be double
be double
dismissal of
dismissal of the
the administrative
administrative two offenses
two offenses jeopardy
jeopardy
case because
case because there
there exists
exists aa not only
not only when
when although the
although the
difference between
difference between thethe 22 the second
the second first offense
rst offense
remedies
remedies offense is
offense is isis punishable
punishable
exactly the
exactly the under an
under an
same as
same as the
the ordinance,
ordinance,

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first, but also


rst, but also while the
while the party except
party except
when the
when the second isis
second when offended
when offended
second offense
second punishable
offense punishable party failed
party failed to
to
is an attempt
is attempt to under aa law
to under law appear during
appear during
oror frustration
frustration of [Art. IlI,
of [Art. III,Sec.
Sec. such
such
oror is
is necessarily
necessarily 21,21, CONST.]
CONST.] arraignment.
arraignment.
included in
included in the
the [Sec 7,
[Sec 7, Rule
Rule
offense charged
offense charged 117]
117]
in the
in the first
rst
information.
information. Test
Test Whether or
Whether or not
not
[Teehankee
[Teehankee evidence that
evidence that
Jr. v.
Jr. v. Madayag,
Madayag, proves one
proves one
G.R. 103102 likewise proves
likewise proves
G.R. 103102
(1992)].
(1992)]. the other.
the other.
[People v.
[People v.
a. The
Exception a. The graver
graver When an
When an Ramos, G.R.
Ramos, G.R.
offense
offense offense
offense No. L-
No. L-
developed due
developed due penalized by
penalized by 15958 (1961)]
15958 (1961)]
to supervening
to supervening ordinance is,
ordinance is,
facts arising
facts arising by de
by definition,
nition,
from the same
same different from
different from
act or
act or omission
omission an offense
an offense
constituting the
constituting the penalized
penalized PROVISIONAL DISMISSAL
3. PROVISIONAL DISMISSAL
former charge;
former charge; under aa
under
statute.
statute. a. De
a. Definition
nition
b. The
b. The facts
facts [People v.v.
[People
constituting the
constituting the Relova, G.R.
Relova, G.R. Provisional dismissal
Provisional dismissal isis dismissal
dismissalwithout
without
graver charge
graver charge No. L- 45129
No. 45129 prejudice to
prejudice its being
to its being refiled
re led or
or revived Los
revived [[Los
became known
became known (1987)]
(1987)] Baños v.
Baños Pedro, G.R.
v. Pedro, G.R. No.
No. 173588
173588(2009)]
(2009)]
or were
or were
discovered only
discovered only Cases are
Cases are provisionally
provisionally dismissed
dismissed where
where the
the
after aa plea
after plea was
was accused has
accused has already
already been
been arraigned
arraigned and
and has
has
entered in
entered in the
the consented to
consented to aa provisional
provisional dismissal
dismissal[Section
[Section8,8,
former
former Rule 117].
Rule 117].
complaint or
complaint or
information;
information; Requisites for a Provisional
b. Requisites Provisional
Dismissal
Dismissal
c. The
c. The plea
plea of
of
guilty to
guilty to the
the (1)There
(1) Theremust
mustbe
be express
express consent
consent of
of the
the
lesser offense
lesser offense accused; and
accused; and
was made
was made (2) There
(2) There must
must be
be notice
notice to the offended
to the offended
without the
without the party [Sec.
party [Sec. 8,
8, Rule
Rule117]
117]
consent of
consent of the
the
prosecutor and
prosecutor and c. Time-Bar
c. Time-Bar Rule
Rule
offended
of the offended

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GeneralRule:
General Rule:Dismissal
Dismissal becomes
becomes Exception:The
Exception: TheState
State may
may revive
revive beyond
beyondthethe
permanent:
permanent: periods provided
periods provided there
there is
is aa justifiable
justi able
(1) One
(1) Oneyear
yearafter
afterissuance
issuance of
of the
the order
order necessity for
necessity for the
the delay.
delay. The
The Court
Courtisisnot
not
without the
without the case
case having
having been
been revived
revived mandated to
mandated Sec. 88 retroactively
apply Sec.
to apply retroactively simply
simply
for offenses
for offenses punishable:
punishable: because itit is
because is favorable
favorable toto the
the accused. People
accused.[[People
(a) By
(a) Byimprisonment
imprisonment notnot v. Lacson,
v. Lacson, G.R.
G.R. No.
No. 149453
149453(2003)](2003)]
exceeding 66 years;
exceeding years; or
or
(b) By
(b) By fine of any
ne of any amount;
amount; or or
(c) By
(c) Byboth
both [Sec.
[Sec. 8,
8, Rule
Rule 117]
117]
(2) Two
(2) Twoyears
yearsafter
afterissuance
issuance of the
the How to revive case:
case:
How to revive
order without
order without the
the case
case having
having been
been (1) Re
(1) Refiling
ling of the information;
information; or
or
revived for
revived for offenses
offenses punishable
punishableby by (2) Filing
(2) Filing of
of aa new
new information
information for
for the:
the:
imprisonment of more than
imprisonment of more than 6 years 6 years (a) Same offense; or
[Sec. 8,
[Sec. 8, Rule
Rule 117]
117] (b) One
(e) One nefenseiy
necessarily induded
included in
in
the original
the original offense
offense charged.
charged.

Note:
Note: The
The periods
periods are
are reckoned
reckoned from
from the date
the date
d. Requirement
d. Requirement of Preliminary
Preliminary
or the order of dismissal
or the order of dismissal
Investigationupon
Investigation uponRevival
Revival of
of Case
Case
What to [People v.
[People v. Lacson,
Lacson, G.R.
G.R. No.
No. 149453
149453
What to file
le::
Motion for
Motion for permanent
permanent dismissal People v.
dismissal [[People v. (2003)]
(2003)]
Lacson, G.R.
Lacson, G.R.No.
No.149453
149453(2003)]
(2003)]
General Rule:Upon
General Rule: Upon revival
revival of
of the
the case,
case, there
there
Conditions sine
sine qua
quanon
nonfor
forthe
the is no
is no need
need for
for aa new
new PI.
PI.
application of
of the
the time-bar
time-bar rule
rule::
(1) The
(1) The prosecution,
prosecution, with
with the
the express
express Exceptions:
Exceptions:
conformity of
conformity ofthe
the accused,
accused, or
or the
the (1)IfIfthe
(1) theoriginal
originalwitnesses
witnesses have
have recanted
recanted
accused moves
accused moves for for the
the provisional sin
provisional ((sin their testimonials
their testimonials or or have
have died
died oror are
are no
no
perjucio) dismissal
perjucio) dismissal of of the
the case;
case; or
or longer available
longer available andand new
new witnesses
witnessesfor for
both the
both the prosecution
prosecution and and the
the accused
accused the State
the State have
have emerged.
emerged.
move for
move for aa provisional
provisional dismissal
dismissal ofof (2)IfIfother
(2) otherpersons
personshavehave been
been charged
charged
the case
the [Sec. 8
case [Sec. Rule 117
8,, Rule 117]] under a new criminal complaint for
under a new criminal complaint for the
the
(2) The offended
(2) The offended party
party isis noti
notified
ed of the
of the same offense
same offense or or necessarily
necessarily included
included
motion
motion for the provisional
for the provisional dismissal
dismissal ofof therein;
therein;
the case;
the case; (3)IfIfunder
(3) underaanewnewcriminal
criminal complaint,
complaint, the
(3)The
(3) Thecourt
courtissues
issues anan order
order granting
granting the
the original charge
original charge has
has been
been upgraded;
upgraded;
motion and
motion and dismissing
dismissing the case
the case (4)IfIfunder
(4) underaanewnewcriminal
criminal complaint,
complaint, thethe
provisionally;
provisionally; criminal liability
criminal liability is
is upgraded
upgraded from
from
(4)The
(4) Thepublic
publicprosecutor
prosecutor is is served
served with
with aa accessory to
accessory to principal People v.
principal [[People Lacson,
v. Lacson,
copy of
copy the order
of the order ofof provisional
provisional G.R.
G.R. No.
No. 149453
149453 (2003)]
(2003)]
dismissal of
dismissal of the
the case.
case.
e. Procedure
e. Procedure for
for Revival
Revival of
of
Provisionally Dismissed
Provisionally Dismissed Cases
Cases
[Revised Guidelines
[Revised Guidelines for
for Continuous
Continuous
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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL LAW
REMEDIAL LAW

Trial of Criminal
Trial of Criminal Cases,
Cases, A.M.
A.M. No.15-06-
No. 15-06-
10-SC]
10-SC] a. When
a. When Conducted
Conducted

Revival of
Revival provisionally dismissed
of provisionally dismissed cases
cases shall
shall General Rule:
General Rule:
conform to
conform to the
the requisites
requisites and
and the
the periods
periods (1)After
(1) Afterarraignment;
arraignment; and
and
provided for
provided under Sec.
for under Sec. 8,8, Rule
Rule117.
117. (2) Within
(2) Withinthirty
thirty(30)
(30) days
days from the
the date
date
the court
the court acquires
acquires jurisdiction
jurisdiction over
over the
the
When Provisional Dismissal Becomes
Becomes person of
person the accused.
of the accused.
Permanent
Permanent
Exception:AAshorter
Exception: shorterperiod
period is
is provided
provided for
for in
in
special laws
special laws or circulars of
or circulars of the
the Supreme
Supreme Court.
Court.
Offense Involved
Offense Involved When Permanent
When Permanent

Punishable by
Punishable by Itsprovisional
Its provisional dismissal
dismissal b. Matters
b. MattersCovered
Covered
imprisonment not
imprisonment not shall become
shall become
(1)Plea
(1) Plea bargaining;
bargaining;
exceeding six(6)
exceeding six (6) permanent one one(1)
(1)
(2) Stipulation
(2) Stipulation of facts;
facts;
years or
years or a fine
neofof after issuance
year after issuance
any amount
any amount or or both
both of the
of the order
order without
without (3)Marking
(3) Markingfor
foridenti
identification of evidence
cation of evidence of
of
the case
the case having
having been
been the parties;
the parties;
revived.
revived. (4)Waiver
(4) Waiver of
of objections
objections to admissibility
admissibilityofof
evidence;
evidence;
Punishable by
Punishable by Itsprovisional
Its provisional dismissal
dismissal (5)Modi
(5) Modification
cation ofof the
the order of trial if the
the
imprisonment of
imprisonment of shall become
shall become accused admits
accused admits the
the charge
chargebut but
more than
more than six
six (6) permanent two
(6) permanent two (2)
(2) interposes a lawful defense;
interposes defense; and and
years
years years
years after
after the
the (6)Such
(6) Suchother
othermatters
mattersasas will
will promote
promote a
issuance of
issuance of the
the order
order fair and
fair and expeditious
expeditious trial
trial of
of the
the criminal
criminal
without the
without the case
case having
having and civil
and civil aspects
aspects of the case.
case.
been revived.
been revived.

J. PRE-TRIAL
J. PRE-TRIAL (RULE
(RULE 118)
118) 2. PRE-TRIAL
2. PRE-TRIALAGREEMENT
AGREEMENT

Requirements
Requirements
a. Reduced
a. Reduced in writing;
writing;
Rationale
Rationale
b. Signed
b. Signedbybythe
theaccused
accused and
and counsel;
counsel;
Its main
Its main objective
objective is
is to
to achieve
achieve an expeditious
expeditious
c. With
c. Withapproval
approvalofofcourt
courtififagreements
agreements
resolution of the case.
resolution case.
cover matters
cover matters in
in Sec.
Sec. 1, Rule
Rule 118
118 [Sec.
[Sec.
2, Rule
2, Rule 118]
118]
When Mandatory
Mandatory
This proceeding
This proceeding is
is mandatory
mandatory in criminal cases
in criminal cases Effects
Effects
and is
and is conducted
conducted before
before trial.
trial. [Sec.
[Sec. 1,
1, Rule
Rule118]
118] a. Constitutional
a. Constitutionalright
rightto
topresent
present evidence
evidence
isiswaived [Rivera v.
waived [Rivera v.People,
People, G.R.
G.R. No.
No.
163996 (2005)]
163996 (2005)]
b. If If
b. therequisites
the requisitesare
are not
not followed
followed –-
1. PRE-TRIAL
1. PRE-TRIAL CONFERENCE [Sec. 1,
CONFERENCE [Sec. 1, admissions shall
admissions shall be
be inadmissible
inadmissible as
as
Rule 118]
Rule 118]
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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL
REMEDIAL LAW
LAW

evidence [Item I-B


evidence [Item [8], A.M.
I-B[8], No. 03-1-
A.M. No. 03-1- b. BeBeissued
issued within
within 10
10 days
days after
after the
the
09-SC (2004)]
09-SC (2004)] termination of
termination of the
the pre-trial
pre-trial
Contain the
c. Contain the following:
following:
All proceedings
All proceedings during
during pre-trial
pre-trial shall
shall be:
be: Actions taken;
1. Actions taken;
a. Recorded
a. Recorded 2. Facts
2. Facts stipulated;
stipulated;
b. Transcripts
b. Transcripts prepared
prepared Evidence marked;
3. Evidence marked;
c. Minutes
c. Minutessigned
signed by
by the
the parties
parties and
and their
their Admissions made;
4. Admissions made;
counsel [Item
counsel I-B[9], A.M.
[Item 1-519], No.03-1-09-
A.M. No. 03-1-09- 5. Number
5. Numberof ofwitnesses
witnesses toto be
be
SC (2004)]
SC (2004)] presented; and
presented; and
I-B[10],
Schedule of trial [Item I-E[107,
6. Schedule
A.M. No. 03-1-09-SC
A.M. No. 03-1-09-SC(2004)]
(2004)]

3. WHO
3. WHO MUST
MUST BE
BE PRESENT
PRESENT DURING
DURING Effect
Effect
PRE-TRIAL
PRE-TRIAL a. Binds
a. Bindsthe
the parties;
parties;
b. Limits
b. Limitsthe
thetrial
trialto
tothose
those matters
matters not
not
a. Counsel
a. Counselof
ofaccused
accused disposed of;
disposed of; and
and
b. Prosecutor
b. Prosecutor c. Controls
c. Controlsthethecourse
course of
of the
the action
action during
during
trial, unless
trial, unless modified
modi ed bybythe
thecourt
courtto
to
Effect of Failure to Appear prevent manifest
prevent manifest injustice
injustice [Sec.
[Sec. 4,
4, Rule
Rule
The court
The court may
may impose
impose proper
proper sanctions
sanctions oror 118]
118]
penalties, if
penalties, counsel for
if counsel for the accused or
the accused or the
the
prosecutor to
prosecutor enforce the
to enforce mandatory character
the mandatory character
of the pre-trial
of the pre-trial in
in criminal
criminal cases:
cases:
a. Does
a. Doesnot notappear
appear at the pre-trial
pre-trial 5. APPLICATION
5. APPLICATION OF
OF JUDICIAL
JUDICIAL
conference; and
conference; AFFIDAVIT RULE
AFFIDAVIT RULE
b. Does
b. Doesnot notoffer
offeran
anacceptable
acceptable excuse
excuse for
for
his lack
his lack of
of cooperation [Sec. 3,
cooperation [Sec. 3, Rule
Rule a. When
a. When Applicable
Applicable
118]
118]
The Judicial
The Judicial Af
Affidavit Rule shall
davit Rule shall apply
applytoto all
all
Note:
Note: The accusedisis not
The accused not required
required to
to attend
attend criminal actions:
criminal actions:
(unless ordered by the court) and is merely
(unless ordered by the court) and is merely (1)Where
(1) Wherethe themaximum
maximum of of the
the imposable
imposable
required to sign the written agreement arrived penalty does not exceed six years;
penalty does not exceed six years;
required to sign the written agreement arrived
at in
at in the
the pre-trial
pre-trial conference,
conference, if he agrees
if he agrees to to the
the (2)Where
(2) Wherethe theaccused
accused agrees
agrees to to the
the use
use of
of
contents of
contents of such.
such. The
The complainant
complainant is is also
also notnot judicial af
judicial affidavits, irrespective of
davits, irrespective of the
the
required to
required to appear
appearduring
duringpre-trial.
pre-trial.ItIt isisthe
the penalty involved;
penalty involved; or or
prosecutor
prosecutor whowho isis required
required to
to appear
appear at at the pre
the pre (3)With
(3) Withrespect
respect toto the
the civil
civil aspect
aspect ofof the
the
trial [People v.
trial [People v. Judge
Judge Tac-An,
Tac-An, G.R.
G.R. No.
No. 148000
148000 actions, whatever
actions, whatever the the penalties
penalties involved
involved
(2003)]
(2003)] are. [Sec.
are. [Sec. 9 (a),AM
9(a), AM 12-8-8-SC]
12-8-8-SC]

b. Af
b. Affidavits
davits ofofthe
theProsecution
Prosecution
[Sec. 2,
[Sec. 2, AM
AM 12-8-8-SC]
12-8-8-SC]
4. PRE-TRIAL ORDER
ORDER
The prosecution shall:
The shall:
Pre-trial order shall:
shall:
a.
a. BeBeissued
issued by
by the
the trial
trial judge;
judge;

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CRIMINALPROCEDURE
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REMEDIAL LAW

(1) Submit
(1) Submit the
the judicial
judicial af
affidavits
davits of
of its
its K. TRIAL
TRIAL
witnesses not
witnesses not later
later than
than five
ve days
days K.
before the pre-trial; and
before and
(2)Serve
(2) Serve copies
copies of
of the
the same
same upon
upon the
the
1. ORDER
1. ORDER OF
OFTRIAL
TRIAL
accused.
accused.
↓
The prosecution
The prosecution shall present evidence
shall present evidence to to
The complainant
The complainant or or public
public prosecutor
prosecutor prove:
prove:
shall:
shall: a. The
a. Thecharge;
charge; and
and
(1)Attach
(1) Attachtotothe
theaf
affidavits such
davits such b. InInthe
b. theproper
propercase,
case, the
the civil
civil liability.
liability.
documentary
documentary or or object
object evidence
evidence asas he
he
↓
may have; and
may and
(2)Mark
(2) Markthem
themas asExhibits
Exhibits A,
A, B,
B, C,
C, and
and so
so The accused
The accused may present evidence
may present evidenceto to prove:
prove:
on.
on. a. His defense;
a. His defense; andand
b. Damages,
b. Damages, ifif any,
any, arising
arising from
from thethe
↓
issuance
issuance of
of aa provisional
provisional remedy
remedy inin the
the
No further judicial
No judicial af
affidavit, documentary, or
davit, documentary, or case.
case.
object evidence shall
object evidence shall be
be admitted
admitted at
at the trial.
the trial.
↓
The prosecution
The prosecution and
andthethedefense
defensemay,may, in
in that
that
Note:
Note: Should
Should they
they fail
fail to
to submit
submit them
them within the
within the
order, present
order, present rebuttal
rebuttal andand sur-rebuttal
sur-rebuttal
time prescribed, they shall be deemed to have
time prescribed, they shall be deemed to have
evidence
evidence unless
unlessthe
the court,
court, in furtherance of
in furtherance
waived their
waived theirsubmission
submission[Lim
[Limv.v.Lim,
Lim, G.R.
G.R.
justice, permits
justice, permits them
them to to present
present additional
additional
No.
No. 214163
214163 (2019)].
(2019)].
evidence
evidence bearing
bearing upon the main
upon the main issue.
issue.

c. Af
Affidavits ↓
c. davits ofofthe
theAccused
Accused
[Sec. 9
[Sec. 9 (c),
(c),AM
AM 12-8-8-SC]
12-8-8-SC] Upon admission
Upon admission of the evidence
of the evidence of the parties,
of the parties,
the case
the case shall
shall be
be deemed
deemed submitted
submitted forfor
If
If the
the accused
accused desires
desires to
to bebe heard on his
heard on his decision unless
decision unless the
the court directs them
court directs them toto argue
argue
defenseafter
defense afterreceipt
receiptofofthe
thejudicial
judicial affidavits
affidavits ofof orally or to
orally to submit
submit written
written memoranda.
memoranda.
the prosecution,
the prosecution, he he shall
shallhave
havethetheoption
option to:
to:
↓
(1) Submit:
(1) Submit:
(a)His
(a) Hisjudicial
judicial af
affidavit;
davit; and When the accused
When accused admits
admits the
the act
act or omission
omission
(b) Those
(b) Those ofof his
his witnesses
witnesses to to the
the charged in
charged complaint or
in the complaint information but
or information but
court within
court within ten
ten days
days from
from interposes aa lawful
interposes lawful defense,
defense, the
the order
order of
of trial
receipt of
receipt of such
such affidavits;
af davits; and
and may be
may be modi
modified.
ed.
(2) Serve
(2) Serve aa copy
copy of
of each
each on on the
the public
public and
and
[Sec 11,
[Sec Rule 119]
11, Rule 119]
private prosecutor,
private prosecutor, including
including his
his
documentary and
documentary and object
object evidence
evidence
previously marked
previously marked as as Exhibits
Exhibits 1,
1, 2,
2, 3,
3,
and so on.
and
2. DURING
2. DURING TRIAL
TRIAL
These affidavits
These shall serve
af davits shall serve as
as direct
direct testimonies
testimonies
a. Examination
a. Examination of
of Witnesses
Witnesses
of the
of the accused
accused and
and his
his witnesses
witnesses whenwhen they
they
appear
appear before
before the
the court
court to testify.
to testify.

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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL LAW
REMEDIAL LAW

shall encourage
The court shall encourage the accused and
the accused and the
the
prosecution to
prosecution to avail
avail of:
of:
Note: If the
Note: the motion
motion to
to discharge
discharge is
is
denied, the
denied, the sworn
sworn statement
statement is
is
For the
For the Application for
Application for examination
examination inadmissible as
inadmissible as evidence;
evidence;
accused:
accused: of witness
of witness for the accused
accused
before trial [Sec.
before [Sec. 12
12 and
and13,
13, (2)Discharge
(2) Discharge operates
operates as
as an
an acquittal
acquittal and
and
Rule 119]
Rule 119] aa bar
bar to
to further
further prosecution
prosecution for
for the
the
same offense
same offense [Sec.
[Sec. 18,
18, Rule
Rule119];
119];
For the
For the Conditional Examination
Conditional Examinationofof
prosecution: Witness
prosecution: Witness for
for the
the prosecution
prosecution Exception:When
Exception: Whenthetheaccused
accused fails
fails or refuses
refuses
[Sec. 15, Rule
[Sec. Rule 119;
119; A.M
A.M No.
No. to testify
to testify against
against his
his co-accused
co-accused
15-06-10-SC, III
15-06-10-SC, III No.
No.13
13(a)]
(a)]
Notes:
Notes:
(1)Any
(1) Anyerror
errorininasking
asking for
for and
and in
in granting
granting
Discharge of Accused
b. Discharge Accused to Be
Be State the discharge
the discharge cannot deprive
deprive the one
Witness
Witness discharged of
discharged of the acquittal and
the acquittal and the
the
constitutional guaranty against
constitutional against double
double
Requisites: jeopardy [People
jeopardy [People v.
v. Verceles,
Verceles, G.R.
G.R. No.
No.
(1) Two
(1) Twoor ormore
morepersons
persons areare jointly
jointly charged
charged 130650 (2002)]
130650 (2002)]
with the commission
with the commission of of any
any offense;
offense; (2) Subsequent
(2) Subsequent amendment
amendmentofof the the
(2) Upon
(2) Upon motion
motion of of the
the prosecution
prosecution before
before information does
information does not affect
affect discharge
discharge
resting its
resting its case,
case, showing
showing that:
that: [People v. Taruc,
[People Taruc, G.R.
G.R. No.
No. L-14010
L-14010
(a) There
(a) There isis absolute
absolute necessity
necessity forfor (1962)]
(1962)]
the testimony
the testimony of of the
the accused
accused
whose discharge
whose discharge isisrequested;
requested;
(b) The
(b) The isis no
no other
other direct
direct evidence
evidence
available
available for
forthe proper
the proper c. Absence
c. Absenceof Counsel de
ofCounsel de Parte
Parte
prosecution ofof the
prosecution the offense
offense
committed, except
committed, except thethe testimony
testimony In the
In theabsence
absence of
of the
the counsel parte, the
counsel de parte, the
of said
of said accused;
accused; hearing shall proceed
hearing proceed upon
upon appointment
appointment by
by the
the
(c) The
(c) The testimony
testimony of ofsaid
saidaccused
accused court of
court of aa counsel
counsel de
de officio.
of cio. [A.M
[A.MNo.
No.15-06- 10-
15-06-10-
can
can be
be substantially
substantially SC, III No.
SC, No. 13
13 (b)].
(b)].
corroborated inin its
corroborated its material
material
points;
points; d. One
d. One Day
Day Examination
Examination of Witness
Witness
(d) Said
(d) Said accused
accused doesdoes not
not appear
appear toto Rule
Rule
be the
be the most guilty;
guilty; and
and
(e)Said
(e) Saidaccused
accused hashas not
not atat any
any time
time The court
The court shall strictly
strictly adhere
adhere to
to the
the rule
rule that
that aa
been convicted
been convicted of any offense
of any offense witness has
witness has to
to be
be fully
fully examined
examined in
in one
one day.
day. [A.M
[A.M
involving moral
involving moral turpitude.
turpitude. (Sec
(Sec No 15-06-10-SC,
No 15-06-10-SC, III
III No
No13
13(f)]
(f)]
17, Rule
17, Rule 119)
119)

Effects:
Effects:
(1) Evidence
(1) Evidence adduced
adducedinin support
support of
of the
the 3. SUBMISSION
3. SUBMISSIONOF
OF MEMORANDA
MEMORANDA
discharge shall
discharge shall automatically
automaticallyform
form part
part [A.M No
[A.M No 15-06-10-SC,
15-06-10-SC, III
III No
No 14]
14]
of the trial [Sec. 17,
17, Rule
Rule119];
119];

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CRIMINAL PROCEDURE REMEDIAL LAW
REMEDIAL LAW

Nature
Nature
The submission
The submission ofof memoranda
memoranda is
is discretionary
discretionary on
on B. Prohibited
B. Prohibited and
and Meritorious
Meritorious
the part of the court.
court. Motions
Motions
Format
Format
Prohibited Motions
Prohibited Motions [JPreReQBAS]
[JPreReQBAS]
(a) Does
(a) Does not
not exceed
exceed 25
25 pages
pages of
of Single
Single
The following
The following motions
motions are
are prohibited
prohibited and
and
spaced;
spaced;
(b) Legal
(b) Legal sized
sized paper;
paper; shall be
shall be denied
denied outright before the
outright before the scheduled
scheduled
(c) Size
(c) Size 14 font.
font. arraignment without
arraignment without need comment
need of comment
and/or opposition:
and/or opposition:
When to
When to Submit
Submit 1. Motion
1. Motion forforJudicial
Judicial determination
determination of of
The period to submit
The submit shall:
shall: probable cause;
probable cause;
(a) Be
(a) Benon-extendible;
non-extendible; and
and 2. Motion
2. MotionforforPreliminary
Preliminary Investigation:
Investigation:
(b) Not suspend the running of
(b) Not suspend the running of the
the period
periodofof a.a.When
Whenititisis filed beyond the
led beyond the 5-
5-
promulgation of
promulgation of the
the decision.
decision. day reglementary period
day reglementary period in in
-
- With
With or
or without
without memoranda,
memoranda, the the
inquest proceeding
inquest proceeding under under
promulgation shall
promulgation shall push
push through
through
Sec. 6, Rule
Sec. Rule 112;
112;
as scheduled.
as scheduled.
b. When
b. Whenrequired
required under
under Sec.Sec. 8,8,
Rule 112, or allowed in
Rule 112, or allowed in
inquest proceedings
inquest proceedings and and the
4. REVISED
REVISED GUIDELINES ON accused failed
accused participate
failed to participate
4.
CONTINUOUS TRIAL
CONTINUOUS TRIAL(A.M.
GUIDELINES
(A.M.No.
No.15-06-
15-06-
ON
in the
in the preliminary
preliminary
10-SC)
10-SC) investigation
investigation despitedespite due due
notice;
notice;
A. Applicability
A. Applicability 3. Motion
3. Motion for for Reinvestigation
Reinvestigation of the
of the
prosecutor
prosecutor recommending
recommending the the filing
ling
Cases to
Cases to which
which the
the guidelines
guidelines apply
apply information once
of information once the
the information
information
has been filed
has led before
before the court:
1. Newly
1. Newly filed criminalcases,
led criminal cases, including
including a. IfIfthe
a. themotion
motion isis filed without
led without
those governed
those governed by by Special
Special Laws
Laws and
and prior leave
prior leave ofof court;
court;
Rules, in the First
Rules, First and
and Second
Second Level
Level b. When
b. When preliminary
preliminary
Courts, the Sandiganbayan
Courts, Sandiganbayan and and the
the investigation is
investigation required
is not required
Court of Tax
Court Tax Appeals
Appeals asas of Sept
Sept 1, under Sec.
under Sec. 8,
8, Rule
Rule112;
112;andand
2017
2017 c. When
c. Whenthe theregular
regular preliminary
preliminary
2. Pending
2. Pending criminal
criminal cases
cases with respect
respect investigation is required
investigation required and and
to the
to the remainder
remainder of
of the
the proceedings
proceedings has been
has been actually
actually conducted
conducted
and the
and the grounds
grounds relied
relied upon
upon
in
in thethe motion
motion are are not not
meritorious, such
meritorious, such asas issues
issuesof of
Note: These
Note: These guidelines
guidelines are
are not applicable to
not applicable to credibility, admissibility
credibility, admissibility of of
cases covered
cases covered by
by the Rule on
the Rule on Summary
Summary evidence, innocence
evidence, innocenceofof the the
Procedure
Procedure accused,
accused, oror lack lack of of due
due

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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL LAW
REMEDIAL LAW

process when
process when the
the accused
accused charged and
charged and the
the imposition
imposition on on him
him of
of the
the proper
proper
was actually
was actually noti
notified, among
ed, among penalty and
penalty and civil
civil liability,
liability, ifif any
any [Sec.
[Sec. 1,
1, Rule
Rule120]
120]
others.
others.
4. Motion
4. Motion totoQuash
Quash Information
Information whenwhen
the ground
the ground is is not
not one
one ofof those
those stated
stated
in Sec.
in Sec. 3, Rule
Rule 117;
117; 1. REQUISITES
1. REQUISITES OF A JUDGMENT
JUDGMENT
5. Motion for Bill of particulars that
5. Motion for Bill of particulars that does
does
Requisites
Requisites
conform to Sec.
not conform Sec. 9,9, Rule
Rule116;
116;
(a)Written
(a) Writtenininthe
the of
official language;
cial language;
6. Motion
6. Motion totosuspend
suspend Arraignment
Arraignment Note: IfIfgiven
- Note: given verbally,
verbally, itit is
is
based on grounds
based grounds not statedstated under
under incomplete [People
incomplete [People v. Catolico,
v. Catolico,
Sec. 11, Rule
Sec. Rule 116;
116; G.R. No.
G.R. No.L-31260
L-31260(1972)]
(1972)]
7. Petition
7. Petition to
to Suspend criminal action
Suspend criminal action on
on (b) Personally
(b) Personally and
and directly
directly prepared
preparedby
by the
the
the ground
the ground of ofPrejudicial
Prejudicial question,
question, judge;
judge;
when no civil
when civil case
case hashas been
been filed,
led, (c) Signed
(c) Signed by
by the judge;
judge;
pursuant to
pursuant to Sec.
Sec. 7,7, Rule
Rule 111.
111. (d) Contains
(d) Contains clearly
clearly and distinctly a
and distinctly
statement of the facts and the law upon
statement
which judgment
which judgment is
is based
based [Sec.
[Sec. 1, Rule
Rule
Meritorious Motions [WAS]
120]
120]
Motions
Motions thatthat allege
allege plausible
plausible grounds
grounds Sufficient
Suf Compliance
cient Compliance
supported by
supported by relevant
relevant documents
documentsand/or
and/or There is
There is suf
sufficient compliance ifif the
cient compliance decision:
the decision:
competent evidence, except
competent evidence, except those
those that are
that are (a)Summarizes
(a) Summarizes thethe evidence
evidence of of both
both parties;
parties;
already covered
already covered by by the
the Revised
Revised Guidelines,
Guidelines, (b)Synthesizes
(b) Synthesizes the findings;
ndings; andand
are
are meritorious motions, such
meritorious motions, such as:
as: (c)Concisely
(c) Concisely narrates
narrates how the offense
offense was
Motion to
1. Motion to Withdraw
Withdraw information,
information, or committed.
committed.
downgrade the
to downgrade charge in
the charge the
in the
original information,
original information, oror to
to exclude
exclude anan Judge who
who Renders Decision
The judge
The judge who
who presided
presided over
over the entire trial
the entire trial
accused
accused originally charged therein,
originally charged therein,
would be
would be in
in a
a better position to
better position to ascertain
ascertain the
the truth
truth
filed by the
led by the prosecution
prosecution as as aa result
result of
of
or falsity of the
the testimonies.
testimonies. But the judge judge who
who
aa reinvestigation,
reinvestigation, reconsideration,
reconsideration, only over can
only took over can render
render aa validvalid decision
decision byby
and review;
and review; relying on
relying on the
the transcript.
transcript. ItIt does
does not
not violate
violate due
2. Motion
2. Motionto toQuash
Quash Warrant
Warrant of of Arrest;
Arrest; process [People v. Badon,
process [People Badon, G.R. G.R. No.No. 126143
126143
3. Motion
3. Motion to to Quash
Quash Search
Search Warrant
Warrant (1999)]
(1999)]
under Sec.
under Sec. 1414 of
of Rule
Rule 121
121 or
or motion
motion
to suppress
to suppress evidence.
evidence.

2. CONTENTS
2. CONTENTS OF
OF JUDGMENT
JUDGMENT
JUDGMENT
L. JUDGMENT
a. Conviction
a. Conviction
Judgmentisisthe
Judgment theadjudication
adjudication by
by the
the court
court that
that
the accused
the accused is
is guilty
guilty or not guilty of the offense
offense What the
What the Judgment
Judgment of
of Conviction
Conviction Shall
Shall State:
State:
[LQ-P-Pe-CD]
[LQ-P-Pe-CD]

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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL LAW
REMEDIAL LAW

General Rule:
General Rule:The
Thedefendant
defendant can
can be
be convicted
convicted
1. The
1. TheLegal
LegalQuali
Qualification
cation ofof the
the offense
offense
only of
only of the
the crime
crime with
with which
which he
he is
is charged
charged [Riano
[Riano
constituted by
constituted by the
the acts
acts committed
committed by by
504, 2016
504, 2016 Ed.]
Ed.]
the accused
the accused and
and the
the
aggravating/mitigating circumstances
aggravating/mitigating circumstances
Exception:Accused
Exception: Accused shall
shall be
be convicted
convictedofofthe:
the:
which attended
which attended its commission;
its commission; a. Offense
a. Offenseproved,
proved,which
which isis included
included in the
in the
2. The
2. TheParticipation
Participationof ofthe
the accused
accused in in
charged (offense
offense charged
offense (offense proved
provedisislesser)
lesser)–-
the offense, whether
the offense, whether as as principal,
principal,
-–Some
Some or
or all
all of
of the
the ingredients
ingredients of
of the
the offense
offense
accomplice or
accomplice accessory after
or accessory after the
the
charged constitutes
charged constitutes the offense proved
the offense proved (Sec
(Sec
fact;
fact;
4, Rule
4, Rule 120);
120);
3. The
3. ThePenalty
Penaltyimposed
imposed uponupon the
the
accused;
accused;
Example:
Example:
4. The
4. TheCivil
Civilliability
liabilityororDamages
Damages caused
caused
1. Murder
1. Murderincludes
includes homicide;
homicide;
by his wrongful act/omission to be
by his wrongful act/omission to be
2. Serious
2. Serious physical
physical injuries
injuries includes
includes less
less
recovered from
recovered from the
the accused
accused by by the
the
serious or
serious or slight
slight physical
physical injuries;
injuries;
offended party,
offended party,ififthere
thereisisany,
any,
3. Robbery includes theft [Riano]
3. Robbery includes theft [Riano]
unless the
unless the enforcement
enforcement of of the
the civil
civil
liability by
liability by aa separate
separate civil
civil action
action has
has
b. Offense
b. Offensecharged,
charged,which
whichisisincluded
included in the
been reserved/waived.
been reserved/waived.
proved (offense
offense proved
offense (offense charged
chargedisislesser)
lesser)–-
[Sec. 2,
[Sec. 2, Rule
Rule 120]
120] -–Essential
Essential ingredients
ingredients of
of the
the offense
offense charged
charged
constitute or
constitute the ingredients
or form part of the ingredients of
of
The penalty
The penalty should
should not be imposed
not be imposed in the
in the the offense
the offense proven
proven (Sec
(Sec 4,
4, Rule
Rule 120);
120);
alternative. There
alternative. There should
should be
be no
no doubt
doubt as as to
to the
the
offense
offense committed
committed and
and the
the penalty
penalty for
for it.
it. Example:
Example:
1. Lessserious
1. Less seriousphysical
physical injuries
injuries are
are included
included
i.i. Judgment
Judgment for
for Two
Two or
or More
More in serious
in serious physical
physicalinjuries;
injuries;
Offenses
Offenses 2. Acts
2. Actsofoflasciviousness
lasciviousness areare included
included inin
rape;
rape;
Also known
Also knownasas duplicitous
duplicitous complaint
complaint or
or 3. Theft
3. Theftisisincluded
includedininrobbery
robbery [Riano]
[Riano]
information.
information.
c. Where
c. Wherea acomplex
complexcrime
crime isis charged
charged and
and the
When two
When or more
two or more offenses
offenses are
are charged
charged in
in a evidence fails
evidence fails to
to support
support the
the charge
charge as
asto
to one
one
single complaint
single complaint or information but
or information but the
the accused
accused ofthe
of thecomponent
component offenses,
offenses, the
the accused
accused cancan
fails to object
fails object to
to itit before
beforetrial,
trial,the
thecourt
courtmay:
may: be convicted
be convicted of the one
of the one which
which isis proven
proven
(1) Convict
(1) Convict him
him of of as
as many
many offenses
offenses as
as are
are [People v.
[People v. Laguno,
Llaguno, G.R.
G.R. No.
No. 91262
91262 (1998)]
(1998)]
charged and
charged and proved;
proved; and
and
(2) Impose
(2) Impose onon him
him the
the penalty
penalty for
for each
each Exception to
Exception to the
theException:
Exception: Where
Where
offense, setting
offense, setting out
out separately
separately thethe there are
there are facts
facts that
that supervened
supervened after
after the
the
findings fact and
ndings of fact and law
law in
in each
each offense
offense filing of the
ling of the information
information which
which change
change the
the
[Sec. 3,
[Sec. 3, Rule
Rule 120]
120] nature of the offense.
nature offense.

ii. Variance between Allegation


Variance Allegation and
and b. Acquittal
b. Acquittal
Proof (Variance Doctrine)
What the
What the Judgment
Judgment of Acquittal Shall
of Acquittal ShallState:
State:

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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL LAW
REMEDIAL LAW

General Rule:
General Rule: The
The court
court has
has authority
authority to
to
[AF-MF]
[AF-MF]
express disapproval
express disapprovalofof certain
certainacts
acts even
even ifif
1. The
1. Theevidence
evidence of
of the
the prosecution
prosecution judgment is
judgment is for
for acquittal.
acquittal.
Absolutely Failed
Absolutely Failedto to prove
provethetheguilt
guiltof
of
the accused;
the accused; or or Exception:The
Exception: Thecourt
courtisis not
not permitted
permitted to to censure
censure
2. Merely
2. MerelyEailed
Failed to
to prove
prove his
his guilt
guilt the accused
the accused ininaa judgment
judgmentfor foracquittal
acquittal––- no
no
beyond reasonable
beyond reasonabledoubt.
doubt. matter how
matter how light,
light, aa censure
censure is
is still
still aa punishment.
punishment.

In either
In either case,
case, the
the judgment
judgment shall
shall determine
determineifif
the act
the act or
or omission
omission complained
complained from
from which
which the
the
3. PROMULGATION
3. PROMULGATION OF
OF JUDGMENT
JUDGMENT
civil liability
civil liability might
might arise
arise did
did not
not exist.
exist. [Sec.
[Sec. 2,
2, Rule
Rule
120]
120]
a. In
a. InGeneral
General
i.i. Effect
Effect
ofof Acquittalon
Acquittal onCivil
Civil Liability
Liability
Definition
De nition
General Acquittal based
General Rule: Acquittal based on failure to
on failure Promulgation ofof judgment
Promulgation judgmentisis an
an ofofficial
cial
prove
prove guilt beyond reasonable
guilt beyond reasonable doubt does not
doubt does not proclamation
proclamation or
or announcement
announcement of of the decision of
the decision of
extinguish
extinguish the
the civil liability arising
civil liability arising from
from his
his acts.
acts. the court
the [Pascua v.
court [Pascua v. Court
Court of
of Appeals,
Appeals, G.R.
G.R. No.
No.
[Lontoc v.
[Lontoc v. MD
MD Transit,
Transit, G.R.
G.R. No.
No. L-48949
L-48949 (1988)]
(1988)] 140243 (2000),
140243 (2000), citing Jacinto, Sr.
citing Jacinto, 521,
Sr. 521,
Commentaries
Commentaries and and Jurisprudence
Jurisprudence on
on the
the Revised
Revised
Exception: Acquittal extinguishes
Exception: Acquittal extinguishes civil liability
liability Rules of
Rules of Court Criminal Procedure
Court [[Criminal ], 1994
Procedurel, 1994Ed.]
Ed.]
only when the
only when the judgment
judgment includes
includes aa declaration
declaration
that the facts from which the civil liability might Requisites
Requisites
arise did
arise did not
not exist Lontoc v.
exist [[Lontoc MD Transit
v. MD Transit,, G.R.
G.R. No.
No. (1)There
(1) Theremust
mustbe
beaacourt
courtlegally
legallyorganized
organized
L-48949
L-48949 (1988)] Thus: or constituted; and there must be a
(1988)] Thus: or constituted; and there must be a
judge, or
judge, or judges,
judges, legally
legally appointed
appointed or
or
(1) The
(1) The court may:
court may: elected and
elected and actually
actually acting, either de
acting, either de jure
jure
(a)
(a) Nonetheless
Nonetheless holdhold the accused
the accused
or de
or de facto
facto [Luna
[Luna v.
v. Rodriguez,
Rodriguez, G.R.G.R. No.
No.
civilly liable
civilly liable inin favor
favor of the
of the 12647 (1917)]
12647 (1917)]
offended party;
offended party; or
or (2) Said
(2) Said judgment
judgment must
must be be duly
duly signed
signed and
and
(b)Deny
(b) Denythetheaward
award of
of civil
civil damages
damages promulgated during
promulgated during the incumbency
incumbency of of
expressly or
expressly impliedly by
or impliedly being
by being the judge who penned
the judge who penned [Payumo v. it [ Payumo v.
silent on
silent on the matter.
the matter. Sandiganbayan, G.R.
Sandiganbayan, G.R.No.No.151911
151911(2011)]
(2011)]
(3) The judgment is promulgated
(3) The judgment is promulgated by reading by reading
(2) The
(2) The losing
losingparty
partymay
mayappeal
appeal the ruling
ruling itit in
in the
the presence
presence of of the
the accused
accused and and any
any
on the
on the civil
civil liability,
liability, as
as in any
any other
other judge of the
judge the court
court inin which
which it was was
ordinary appeal,
ordinary appeal, in
in his
his name
name and
and not
not in
in rendered [Sec.
rendered [Sec. 6,
6, Rule
Rule 120]
120]
the name
the name of
of the
the People.
People.
Failure to Promulgate
Failure
ii.
ii. Expression of Disapproval
Expression of of
Disapproval of Where there
Where
right to
right
there is
is no
toappeal
no promulgation
promulgation of
appeal accrues.
accrues. Merely
of judgment,
judgment, no
Merely reading
reading the
no
the
Certain Acts
Certain Acts
dispositive portion
dispositive portion of
of the
the decision
decision is
is not
not sufficient
suf cient
[Pascua v.
[Pascua v. CA,
CA, G.R.
G.R. No.
No. 140243
140243(2000)]
(2000)]

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CRIMINALPROCEDURE
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REMEDIAL LAW
LAW

Notice
Notice forfor Promulgation to Accept
Authority to Accept Appeal
Appeal and
and Approve
Approve
The proper
The proper clerk
clerk of
of court
court shall
shall give
give notice
noticetoto the
the Bail Bond
Bond
accused personally
accused personallyor or through
through his
his bondsman
bondsmanor or
warden and
warden and counsel,
counsel, requiring
requiring him
him to
to be
be present
present The court
The court promulgating
promulgating the judgment shall
the judgment shall have
have
the promulgation
at the promulgation of of the decision. IfIf the
the decision. the authority to:
authority to:
accused was
accused was tried
tried in
in absentia
absentia because
because he hejumped
jumped (1) Accept the
(1) Accept the notice
notice of
of appeal;
appeal; and
and
bail or
bail or escaped
escaped from prison, the
from prison, the notice
notice toto him (2) Approve the
(2) Approve the bail
bail bond
bond pending
pending appeal;
appeal;
shall be
shall be served
served at his last
at his last known
known address.
address. [Sec.
[Sec.
6, Rule
6, Rule 120]
120] Provided
Provided,, that
thatifif the
the decision
decisionofof the
the trial
trial court
court
convicting the
convicting the accused
accused changed
changed the
the nature
nature of
of the
the
b. InInCertain
CertainCases
Cases offense from
offense from non-bailable
non-bailable to bailable, the
to bailable, the
application for
application for bail
bail can
can only
only be
be filed and resolved
led and resolved
Who Promulgates
Who Promulgates by the
by the appellate
appellate court
court [Sec.
[Sec. 6,
6, Rule
Rule120]
120]

Scenario
Scenario Rules
Rules Promulgation When
Promulgation When aa Judge
Judge is No Longer a
Judge
Judge
The judge The
The judge The judgment
judgment may be
may be
judgment promulgated
A judgment promulgated after
after the judge who
the judge
is absent orpromulgated
promulgated byby the
the clerk
clerk of
of
is absent or signed the decision
signed decision has
has ceased
ceased toto hold
hold office
of ce is
outside the
outside court.[Sec.
the court. [Sec. 6,
6, Rule
Rule 120]
120]
valid and binding.
not valid binding. In manner, it cannot
In like manner, cannot
province or
province or
be promulgated
be promulgated after
after the
the retirement
retirement ofof the
the judge.
judge.
city:
city:
[Nazareno v.
[Nazareno v. CA,
CA, G.R.
G.R. No.
No. 111610
111610 (2002)]
(2002)]
General Rule:
General Rule: Presence
Presence of
of
c. Effect
c. Effectof
ofFailure
Failure of
of the
theAccused
Accused to
the accused
the accused is mandatory in
is mandatory in
the promulgation
the promulgation of
of judgment
judgment Appear at the
Appear the Scheduled
Scheduled Date
Date of
Promulgation
Promulgation
Exceptions: IfIf the
the conviction
conviction
is
is for
for aalight
lightoffense,
offense, the
the Promulgation
Promulgation is is made
made by
by recording
recording the
the judgment
judgment
judgment may
judgment may be
be pronounced
pronounced in the
in the criminal
criminal docket
docket and
and serving
serving a copy
copy at
at the
in
in the
the presence of the
presence of the accused’s last
accused's last known address or
known address or through counsel
through counsel
accused’s
accused's counsel
counsel or
or [Sec. 6,
[Sec. 6, Rule
Rule 120]
120]
representative. [Sec.
representative. [Sec. 6, Rule
6, Rule
120]
120] If the
the judgment
judgment is is for
for conviction
conviction and
and the
the failure
failure
of the
of the accused
accused to appear was
to appear was without
without justi
justifiable
able
The
The The judgment
The judgment may
may bebe cause, he
cause, he shall
shall lose
lose the
the remedies
remedies available
available in
in the
the
accused isis promulgated
accused promulgated by the
by the Rules
Rules against
against the
the judgment
judgment andand the
the court
court shall
shall
confined
con nedor executive judge
or executive judge of
of the
the RTC
RTC order his
order his arrest.
arrest. [Sec.
[Sec. 6,6, Rule
Rule 120].
120].
detained in having jurisdiction over the
having
another
another place of confinement
place con nementoror However, within 15
However, 15 days
days from
from promulgation
promulgation of
province or
province or detention upon request
detention request of
of the
the judgment,he
judgment, hemay
may surrender
surrender andand file
le aa motion
motion for
for
city:
city: court which
court which rendered
rendered the
the leave of
leave ofcourt
courttotoavail
availof ofthese
theseremedies.
remedies. He He shall
shall
judgment.
judgment. statethe
state thereasons
reasons forfor his
his absence.
absence. IfIf he
he proves
proves his
his
absence was
absence for aa justi
was for justifiable cause, he
able cause, he shall
shall be
be
allowed to
allowed to avail
avail of
of the
theremedies
remedies within
within 1515 days
days
from notice
from notice [Sec.
[Sec. 6, 6, Rule
Rule 120; People V.
120; People v. De
De
Grano, G.R.
Grano, G.R. No.
No. 167710
167710 (2009)]
(2009)]

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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL
REMEDIAL LAW
LAW

2. GROUNDS
2. GROUNDS FOR
FOR RECONSIDERATION
RECONSIDERATION
M. NEW
M. NEW TRIAL OR
OR
RECONSIDERATION
RECONSIDERATION The court
The court shall
shall grant
grant reconsideration
reconsideration on
on the
the
(RULE 121)
(RULE 121) ground of errors
ground errors of law or
of law or fact in judgment,
in the judgment,
which requires
which requires no proceedings [Sec.
no further proceedings [Sec. 3,
3,
Rule 121]
Rule 121]
1. GROUNDS
1. GROUNDS FOR
FOR NEW
NEW TRIAL
TRIAL
(a) Errors
(a) Errors ofof lawlaw ororirregularities
irregularities
prejudicial to
prejudicial to the
the substantial
substantial rights
rightsof
ofthe
the 3. REQUISITES
3. REQUISITES BEFORE
BEFORE AA NEW
NEW TRIAL
TRIAL
accused have
accused have been
been committed
committed during
during the
the MAY BE GRANTED ON GROUND OF
trial
trial
MAY BE GRANTED ON GROUND OF
DISCOVERED EVIDENCE
NEWLY DISCOVERED EVIDENCE

General Rule:
General Rule:Errors
Errors of
of the
the defense
defense The evidence:
evidence:
counsel in
counsel in the
the conduct
conduct ofof the
the trial is (a)Was
(a) Wasdiscovered
discovered after
after the
the trial;
trial;
neither an
neither an error
error of law nor
of law nor an an (b) Could
(b) Could not
not have
have been
been discovered
discovered and
and
irregularity [Ceniza-Manantan v.
irregularity[Ceniza-Manantan v. produced atat the
produced trial even
the trial even with
with the
the
People
People,, G.R.
G.R.No.No.156248
156248(2007)]
(2007)] exercise of
exercise reasonable diligence;
of reasonable diligence;
The accused
The accused has has the
the burden
burden of of proving
Exception:They
Exception: Theybecome
become an error
error of
of item (b)
item (b)above
above [US[US v.
v. Torrente,
Torrente, G.R.
G.R. No.
No.
law
law oror irregularity
irregularity when
when acquittal
acquittal 1001 (1922)]
1001 (1922)]
would,ininall all
would, probability,
probability, have
have The determinative
The test is
determinative test is the
the presence
presence of of
followed the introduction
followed introduction of certain
certain due
due or reasonable diligence
or reasonable diligence to to locate
locate the
the
testimony which
testimony was not submitted
which was submitted thing to bebe used
used asas evidence
evidence in in the
the trial
at the
at the trial
trial under
under improper
improper or or [Briones v. People,
[Briones People, G.R.G.R. No.
No. 156009
156009
injudicious
injudicious advice incompetent
advice of incompetent (2009)]
(2009)]
counsel of the accused.
counsel Aguilar v.
accused. [[Aguilar v. (c) Is
(c) Is material,
material, not notmerely
merelycumulative/
cumulative/
Court
Court of Appeals, G.R.
of Appeals, G.R. No.
No. 114282 corroborative/impeaching; and
corroborative/impeaching; and
(1995)]
(1995)] (d)IsIsofofsuch
(d) suchweight
weight that
that ititwould
would probably
probably
change the
change the judgment
judgment ifif admitted Tadeja
admitted [[Tadeja
Irregularities must
Irregularities must be with such
be with such v. People,
v. People, G.R.
G.R. No.
No. 145336
145336(2013)]
(2013)]
seriousness as
seriousness as to
to affect
affect prejudicially
the substantial
the substantial rights of
of the
the accused.
accused. Interest
Interest of
of Justice
Justice as
as Gauge
Gauge for
for
[Sec. 2(a),
[Sec. 2(a), Rule
Rule 121; Tabobo v.
121; Tabobo Introductionof
Introduction ofNew
New Evidence
Evidence
People
People,, G.R.
G.R. No.220977
No.220977(2017)]
(2017)] People v.v.Almendras
In People
In Almendras [G.R.
[G.R. No.
No. 145915
145915
(2003)],the
(2003)], thecourt
court ruled
ruled that
that aa motion
motion for for aa new
new
(b) Newand
(b) New and material
material evidence
evidence trial may
trial may bebe granted
granted onon aa ground
ground not
not specispecifically
cally
discovered
discovered which
which the accused could
the accused could not,
not, provided in
provided in the
the rules,
rules, provided
provided thatthat itit is
is sought
sought in in
with
with reasonable
reasonable diligence,
diligence, have
have theinterest
the interest of
of justice.
justice. In
In that
thatcase,
case, the
the relief
relief of
of aa
discovered and
discovered and produced
produced at
at the
the trial
trial and newtrial
new trialwas
was granted
granted to
to aa client
client who
who has
has suffered
suffered
which, ifif introduced
which, introduced and
and admitted,
admitted, would
would byreason
by reason of
ofhis/her
his/hercounsel's
counsel’s gross
gross mistake
mistake and
and
probably
probably change
change the
the judgment
judgment negligence.
negligence.

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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL LAW
REMEDIAL LAW

Form of motion for reconsideration


Form reconsideration & new
new (i)
(i) The af
The affidavits of the
davits of the witnesses
witnessesby by
trial
trial whom such
whom such evidence
evidence isis expected
expected
(a) Must
(a) Must be
be in writing;
writing; to be given;
to given;oror
(b) Must
(b) Must state
state the grounds
grounds on
on which
which itit is (ii)
(ii) Duly authenticated
Duly authenticated copies
copies ofof
based;
based; documents which
documents which are proposed
are proposed
(c) IfIfbased
(c) basedon
onnewly-discovered
newly-discovered evidence,
evidence, to be
to be introduced
introduced in in evidence
evidence
motion
motion must
must be
be supported
supported by:
by: Notice of
Notice the motion
of the motion shall
shall be
be
given to
given to the
the prosecutor
prosecutor [Sec.
[Sec. 4,
4,
Rule 120]
Rule 120]

4. EFFECTS
4. EFFECTS OF
OFGRANTING
GRANTINGAANEW
NEW TRIAL
TRIAL OR
OR RECONSIDERATION
RECONSIDERATION

a. In
a. InGeneral
General

(1) The
(1) Theoriginal
originaljudgment
judgmentset
set aside
aside or
or vacated;
vacated; and
and
(2)AAnew
(2) newjudgment
judgmentisisrendered
renderedaccordingly
accordingly [Sec.
[Sec. 6,
6, Rule
Rule 121]
121]

OtherEffects,
b. Other Effects,Depending
Depending on
on the
the Ground

Ground
Ground Effect
Effect Action ofthe
Action of the Court
Court
Errors of law
law or
or All proceedings
All proceedings and
and evidence
evidence affected
affected shall
shall be
be set
set The court will allow
The allow
irregularities
irregularities aside and
aside and taken
taken anew.
anew. introduction of
introduction of
committed during additional evidence
additional evidence
the
the trial If error or irregularity goes into the jurisdiction, the in the
in the interest
interest of justice.
justice.
entire proceeding is void and must be set aside.

Newly-discovered Evidence already


Evidence already adduced
adduced shall
shallstand
standand
andthe
the The court will allow
The allow
evidence newly-discovered and
newly-discovered and such
such other
other evidence
evidence shall
shall be
be introduction of
introduction of other
other
taken and
taken and considered
considered together
together with
with the
the evidence
evidence such evidence
such evidence inin the
the
already in
already in the
the record.
record. interest of
interest justice.
of justice.
[Sec. 6,
[Sec. 6, Rule
Rule 121]
121]

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CRIMINALPROCEDURE
CRIMINAL PROCEDURE REMEDIAL
REMEDIALLAW
LAW

c. Applying
c. Applyingthe Neypes Doctrine in
theNeypes
Criminal Cases
Criminal Cases

The Neypes Doctrine ("The


The Neypes (“The Fresh
Fresh Period
Period
Rule")
Rule”)
The Neypes
The Neypes doctrine
doctrine allows
allows aa fresh
fresh period
period of 15
of 15
days within which
days which to file the notice
le the notice of appeal
appeal in
in
the RTC,
the RTC, counted
counted from receipt of
from receipt the order
of the order
denying aa MNT
denying MNT or
or MR.
MR.

Neypes v.
Neypes v. CA
CA [G.R.
[G.R. No.
No. 141534
141534 (2005)] declared
(2005)] declared
that the
that the 'fresh
‘fresh period
period rule’
rule'shall
shallalso
alsoapply
applyto:to:
(1) Rule
(1) Rule 40
40governing
governing appeals
appeals from
from the
Municipal Trial
Municipal Courts to the
Trial Courts the Regional
Regional
Trial Courts;
Trial Courts;
(2) Rule 42 on petitions for review from the
(2) Rule 42 on petitions for review from the
Regional
RegionalTrial
Trial Courts
Courtstoto the Court of
the Court
Appeals;
Appeals;
(3) Rule 43
(3) Rule 43ononappeals
appeals from
fromquasi-judicial
quasi-judicial
agencies to
agencies to the
the Court
Court of
of Appeals;
Appeals; and
and
(4) Rule 45 governing appeals by certiorari
(4) Rule 45 governing appeals by certiorari
to the
to the Supreme
SupremeCourt."
Court.”

to Criminal
Applicability to Criminal Actions
The "fresh
The “fresh period
period rule"
rule” enunciated
enunciated in Neypes also
in Neypes also
applies to
applies criminal actions,
to criminal actions, particularly
particularly to
to Sec.
Sec. 6
6
Rule 122
of Rule 122 [Yu
[Yu v.v.Tatad,
Tatad,G.R.
G.R. No.
No. 170979
170979
(2011).
(2011).

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UP COLLEGE OF LAW

OF THE

EVIDENCE
REMEDIAL LAW
EVIDENCE
EVIDENCE REMEDIAL LAW
REMEDIAL LAW

•●Other
Othercases
cases not
notherein
herein provided
provided for
for
I.I.KEY
KEYCONCEPTS
CONCEPTS Except by
Except analogy or
by analogy or in aa suppletory
suppletory
character and
character and whenever
whenever practicable
practicable andand
convenient [See
convenient [See Sec.
Sec. 4,
4, Rule
Rule 1];
1]; and
and also
also
A. CONCEPT
A. CONCEPT AND
AND APPLICABILITY
APPLICABILITY OF
OF •● During
During Preliminary
Preliminary investigation
investigation
EVIDENCE
EVIDENCE proceedings [Estrada
proceedings Ombudsman,
[Estrada v. Ombudsman,
G.R. Nos.
G.R. Nos.212761-62
212761-62(2018)];
(2018)];
Sec. 1.
1. Evidence
Evidence Defined.
De ned. — Evidence isis
- Evidence ● InInproceedings
proceedings before
before Administrative
Administrative
the means,
the means, sanctioned
sanctionedby bythese
theseRules,
Rules,ofof [Atienza v. Board
bodies [Atienza
bodies Board ofof Medicine,
Medicine,
ascertaining inin aa judicial
ascertaining judicial proceeding
proceedingthe the G.R. No.
G.R. No.177407
177407(2011)];
(2011)];
respecting aa matter
truth respecting matter ofof fact.
fact.(1)
(1) ● InInproceedings
proceedings before
before Labor
Labor tribunals
tribunals
such
such as as thethe NLRC
NLRC [Castillo
[Castillo v. v.
Sec. 2. Scope. — The rules of evidence Prudentialife Plans
Prudentialife Plans Inc.,
Inc., G.R.
G.R. No.
No. 196142
196142
shall be
Shal be the
the same
sameininallallcourts and in
outs and lenallal (2014)]; and
(2014)]; and
and hearings,
trials and hearings, except
except asas otherwise
otherwise ● During
During investigations
investigations ofof the
the Civil
Civil Service
Service
provided
provided byby law or these
law or these Rules.
Rules. (2)
(2) Commission for
Commission for ascertaining
ascertaining the the truth
[Civil Service
[Civil Service Commission
Commission v. Colanggo,
v. Colanggo,
Evidence
Evidence - the the means,
means, sanctioned
sanctioned by these
these G.R. No.
G.R. No. 174935
174935(2008)].
(2008)].
Rules, of
Rules, of ascertaining
ascertaining in
in aa judicial
judicial proceeding
proceeding the
the
truth respecting
truth respecting aa matter
matter ofof fact.
fact. b. Manner
Manner of
of Application
Application

a. Scope
Scope of Application General Rule
Rule
The Rules on
The Rules Evidence are
on Evidence applicable only
are applicable only to The rules
The rules of evidence
evidence shall
shallbe
be the
the same
same in
in all
judicial proceedings
judicial proceedings [Sec.
[Sec. 1,
1, Rule
Rule 128].
128]. trials and
trials and hearings
hearings [Sec.
[Sec. 2,
2, Rule
Rule 128]).
128]).

What is meant by judicial


judicial proceeding Exception (LRS)
Judicial proceedings
Judicial proceedings areare of
of three
three kinds
kinds only:
only: If otherwise provided
If otherwise provided by:
by:
•●Civil
Civil action- which
action – whichisisof
oftwo
two kinds:
kinds: ● Law
Law(e.g.,
(e.g.,1987
1987Constitution,
Constitution, status)
status)
•○Ordinary
Ordinarycivil
civilaction,
action, and
and ● Rules
RulesofofCourt
Court [Sec.
[Sec. 2,
2, Rule
Rule 128]
128]
•○Special
Specialcivil
civilaction
action ● SCSC Issuances
Issuances (e.g.,
(e.g., Judicial
Judicial Af
Affidavit
davit
•●Criminal
Criminalaction,
action, and
and Rule, Rules
Rule, Rules of
of Procedure
Procedure for
for
•●Special
Special Proceedings[Sec.
Proceedings [Sec. 3,
3, Rule
Rule 1].
1]. EnvironmentalCases,
Environmental Cases, Child
Child Witness
Witness Rule,
Rule,
Rules on Electronic
Rules Electronic Evidence,
Evidence, Rules
Rules onon
proceedings are non-judicial.
All other proceedings DNA Evidence)
DNA Evidence)
(ELCINO-PALC)
Particularly, the
Particularly, application of
the application of the Rules on
the Rules c. Liberal
c. LiberalConstruction
Construction
Evidence isisnot
Evidence not mandatory in in the
the following
following
class
class of cases:
of cases: The Rules
The Rules of Court (which include
of Court include the rules
rules on
on
evidence) shall
evidence) shall be
be liberally
liberally construed
construed in
in order
order to
to
•●Election
Electioncases;
cases;
•●Land
Land registrationcases;
registration cases; promote their
promote objective of
their objective securing aa just,
of securing just,
•●Cadastral
Cadastralproceedings;
proceedings; speedy, and
speedy, and inexpensive
inexpensive disposition
disposition of every
of every
•●Insolvency
Insolvencyproceedings;
proceedings; action and
action and proceeding
proceeding [Sec.
[Sec. 6,
6, Rule
Rule 1,
1, Rules
Rulesofof
•●Naturalization
Naturalizationproceedings [Ong Chia
proceedings [Ong Chia v.
v. Civil Procedure, as
Civil Procedure, as cited
cited in
in Peralta,
Peralta, 53,
53, Insights
Insights
Republic,
Republic, G.R.
G.R.No.
No.127240
127240(2000)];
(2000)]; on Evidence
on Evidence (2020) ].
(2020)].

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EVIDENCE
EVIDENCE REMEDIAL LAW

The Rules
The Rules on
on Electronic
Electronic Evidence
Evidence shall
shall likewise
likewise be
be e. Other
e. OtherConcepts
Concepts
liberally construed
liberally construed [Sec.
[Sec. 2, Rule 2,
2, Rule Rules on
2, Rules
Electronic Evidence].
Electronic Evidence]. Direct andCircumstantial
Circumstantial
i.i. Direct and
Evidence
Evidence
d. Waiver
d. Waiverof
ofRules
Rules of
of Evidence
Evidence

Direct Evidence
Direct Evidence Circumstantial
Circumstantial
General Rule
General Rule Evidence
Evidence
Certain rules
Certain rules of evidence
evidence which
which are
are intended
intended for
for
the protection
the protection of parties
parties may be waived
waived during
during Definition
De nition?2

the trial
the trial of
of a case.
case.
Proves aafact
Proves factwithout Proofofofcollateral
withoutProof collateral
Exception
Exception drawing any
drawing any inference
inference facts
facts and
and
Rules
Rules which
which are
are grounded
grounded onon public
public policy
policy cannot
cannot from another
from another fact.
fact. circumstances
circumstances
waived (e.g.,
be waived (e.g., two-witness
two-witness rule
rule in
in treason,
treason, wherein the
wherein the existence
existence
shifting
shifting the burden to the
the burden the accused
accused who
who hashas to of the
of the main
main fact
fact may
may
be inferred
be
disprove
disprove thethe State’s
State's perception
perception of
of his/her control
his/her control
in crimes of
in crimes of rebellion,
rebellion, insurrection
insurrection or coupcoup
d’etat).1
d'etat). 1 Requisites to
Requisites Warrant aa Conviction
to Warrant Conviction
Based on
on Circumstantial
Circumstantial Evidence
Evidence (CD-
(CD-
NOTE:
NOTE: As As regards
regards drug cases Combi)
Combi)
“On the
"On the chain
chain of
of custody
custody rule
rule in
in drug
drug cases
cases as
as ● There
Thereisismore
morethanthanone
one Circumstance;
Circumstance;
recently dissected
recently dissected in People v.
in People Romy Lim
v. Romy Lim [G.R.
[G.R. ● The
The facts
facts from
from which
which the
the inferences
inferences are
No. 231989 (2018)]
No. 231989 (2018)],
, thetherule
rule on
on strict
strict Derived are proven; and
Derived and
adherence to
adherence to the mandatory requirements ● The
TheCombination
Combinationofofallallcircumstances
circumstances is
Section 21(1) of
of Section of Republic
Republic Act No. 9165, such as
such as to
to produce
produce conviction
conviction beyond
beyond
as amended,
amended,and
andits
itsIRR
IRR may
may be
be excused as reasonable doubt
reasonable doubt [Sec.
[Sec. 4,
4, Rule
Rule 133].
133].
long as
long as the integrity
integrity and
and evidentiary value
of the
the con scated items
confiscated items are
are properly
properly Inferences cannot
Inferences cannot be
be based
based on other inferences
inferences
preserved
preserved andand fidelity tothe
delity to therule
rule applies
applies notnot just
just Id.
[Id.].
[ ].
on arrest and/or seizure
seizure by reason of legitimate
legitimate
buy-bust
buy-bust operation
operation but also on those
but also those lawfully
lawfully NOTE: The
NOTE: The totality
totality of
of the
the evidence
evidence must
must
made in
made or sea
in air or sea port,
port, local
local or
or international
international constitute an
constitute an unbroken chain showing
unbroken chain showing the
the guilt
guilt
package/parcel/mail, or orthose
package/parcel/mail, thosebyby virtue
virtue of of the
of the accused
accused beyond
beyond reasonable doubt [People
reasonable doubt [People
consented search,
consented search, stop
stop and
and frisk Terry search),
frisk ((Terry search), v. Matito,
v. Matito, G.R.
G.R. No.
No. 144405
144405(2004)].
(2004)].
search incident
search incident to
to a lawful arrest, or application
application
plain view
of plain view doctrine
doctrine where
wheretime time isis of the
of the ii. Positive
ii. Positive andNegative
and NegativeEvidence
Evidence
essence and
essence and the
the arrest
arrest and/or
and/or seizure
seizure is/are
is/are not
not
planned, arranged,
planned, arranged, or scheduled in advance."
or scheduled advance.”
[Peralta, 54-56,
[Peralta, 54-56, 2020
2020 Ed.]
Ed.] Evidence
Positive Evidence Negative Evidence
Evidence
Definition3
Definition?

11 Peralta,
Peralta, 51-52,
51-52, Insights
Insights on
on Evidence
Evidence (2020)
(2020) 33 22 Regalado
Regalado 703,
703, 2008
2008 Ed.
Ed.
Riano, 34,
22 Riano, 34, 2022
2022 Ed.
Ed.
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EVIDENCE
EVIDENCE REMEDIAL LAW

A statement
A statement which
which A statement
A statement by by aa or the
or the Rules
Rules [Sec.
[Sec. 3,
3,
affirms
af rms that a certain witness to
certain witness to the effect
effect Rule 128]
Rule 128] Weight involves
Weight involves thethe
state of facts did
state did exist thathe/she
exist that he/she did
did not
not effect of
effect of evidence
evidence
or that
or that a certain
certain see or does
see does not
not know
know ItItisis determined
determined by
by admitted, its
admitted, its
event happened.
event happened. of the
of the occurrence
occurrence of of aa the prevailing
the prevailing tendency to
tendency to convince
convince
fact.
fact. exclusionary rules
exclusionary rules of
of and persuade.
and persuade. ItIt is is
evidence [2
evidence 12 not determined
not determined
Regalado 704,
Regalado 704, 2008
2008 mathematically by
mathematically by the
the
iii.
iii. Corroborative and
Corroborative and Cumulative
Cumulative Ed.].
Ed.]. numerical superiority
numerical superiority
Evidence
Evidence of the
of the witnesses
witnesses
NOTE: Exclusionary
NOTE: Exclusionary testifying to
testifying to aa given
given
rules may
rules may affect
affect due
due fact but
fact but depends
depends
Corroborative
Corroborative Cumulative
Cumulative process. To
process. To the
the upon its
upon its practical
practical
Evidence
Evidence Evidence
Evidence extent that
extent that they
they effect in
effect in inducing
inducing
might prejudice
might prejudice belief on
belief on the
the part
part of
of
Definition
De nition*4 substantive rights,
substantive rights, the judge
the judge trying
trying the
the
therefore, they
therefore, they case [Francisco
case [Francisco11, 11,
Evidence of
Evidence of a
a Evidence of
Evidence thesame
ofthe same cannot be
cannot be made
made toto 1996 Ed.].
1996 Ed.].
differentkind
different kind for
for the kind
kind for an identical
identical apply retroactively.
apply retroactively.
same disputed
same disputed fact.
fact. disputed fact.
disputed fact.

Example
Example

B. STRUCTURE
B. STRUCTURE OF
OF THE
THE RULES
RULES ON
ON
IfIfaa fact
fact is
is attempted
attempted to
to be
be proved
proved by
by the
the verbal
verbal
admission of
admission party, evidence
of the party, evidence of another
another EVIDENCE
EVIDENCE
verbal admission
verbal admission of of the
the same fact is
same fact is
cumulative;
cumulative; butbut evidence evidenceofof other other
circumstances, tending
circumstances, tending to establish the
to establish Rule
Rule Particulars
[same]
[same] fact, fact, is
is not
not [cumulative,
[cumulative, butbut No.
No.
corroborative].5
corroborative].5
128
128 General Provisions
General Provisions

NOTE: By
NOTE: By jurisprudence,
jurisprudence, corroborative
corroborative or 129
129 What Need
What Need Not
Not Be
Be Proved
Proved
cumulative evidence
cumulative evidence isis not
not aa prerequisite
prerequisite to
to the
the
130
130 Rules of
Rules Admissibility
of Admissibility
convictionof
conviction of the
the accused.
accused. Truth is established
Truth is establishednotnot A. Object
Object(Real)
(Real)
A.
by the
by the number
number ofof witnesses
witnesses but
but by
by the
the quality
quality of
of B.
B.Documentary
Documentary
their testimonies.
their [People v.
testimonies. [People v. Sibonga,
Sibonga, G.R.
G.R. No.
No. 1. Original
1. OriginalDocument
Document Rule
Rule
95901 (2003)].
95901 (2003)]. 2. Secondary
2. SecondaryEvidence
Evidence
3. Parol
3. ParolEvidence
Evidence Rule
Rule
4. Interpretation
4. Interpretation of
of
iv.
iv. Competent and Credible Evidence
Evidence
Documents
Documents
C. Testimonial
C. Testimonial
Competent
Competent Credible Evidence
Credible 1. Quali
1. Qualification
cation of
of
Evidence
Evidence Witnesses
Witnesses
2. Testimonial
2. TestimonialPrivilege
Privilege
Evidence not
Evidence not Refers to
Refers to probative
probative 3. Admissions
3. Admissions and
and
excluded by
excluded by the
the value or
value or convincing
convincing Confessions
Confessions
Constitution, the
Constitution, the law, weight.
law, weight. 4. Previous
4. PreviousConduct
Conduct asas

Peralta, 66,
44 Peralta, Insights on
on Evidence
Evidence (2020) 5 Id.
5
66, Insights (2020) Id.
107
107
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EVIDENCE
EVIDENCE REMEDIAL LAW

Evidence
Evidence 89114 (1991)].
89114 (1991)].
5. Hearsay
6. Exaptions
5. Exceptions to
to the
the
Hearsay Rule
Hearsay Rule NOTE: Evidence
NOTE: Evidenceisisalways
alwaysaarelative
relativeterm.
term.ItIt
7. Opinion Rule signifies
signi es aa relation
relation between
between two
two facts,
facts, the
the factum
factum
8:8.Character
CharacterEvidence
Evidence probandum, or
probandum, or proposition
proposition to
to be
be established,
established, and
and
the factum
the factum probans,
probans, or material
material evidencing
evidencing the the
131 Burden
131 Burden
of of Proof,Burden
Proof, Burden of
of Evidence
Evidence proposition.
proposition.
and Presumptions
and Presumptions

132 Presentation
132 PresentationofofEvidence
Evidence The [factum
The [factum probandum]
probandum] is necessarily
necessarily to to be
A. Examination
A. Examination of
of Witnesses
Witnesses conceived of
conceived of as
as hypothetical;
hypothetical; itit is
is that
that which
which the
the
Authentication and
B. Authentication and Proof
Proof of
of one party
one party afaffirms and the
rms and the other
other denies,denies, the
the
Documents
Documents tribunal being
tribunal being as as yet committed in
yet not committed either
in either
Offerand
C. Offer and Objection
Objection direction. The [factum probans]
direction. probans] is conceived of
is conceived of
forpractical
for practical purposes
purposes asas existent
existent and and isis offered
offered
133
133 Weight and
Weight and Suf
Sufficiency of Evidence
ciency of Evidence
as such
as such for
for the consideration of
the consideration of the the tribunal.
tribunal.

The [factum
The [factum probans]
probans] is brought forward
is brought forward asas a
reality for
reality for the
the purpose
purpose of
of convincing
convincing the
the tribunal
tribunal
C. FACTUM
C. FACTUMPROBANDUM
PROBANDUM VS.
vs. FACTUM
FACTUM that the
that the [factum
[factum probandum]
probandum] is also aa reality
is also reality
PROBANS
PROBANS [Wigmore, Evidence
[Wigmore, Evidence inin Trials
Trials at Common Law
at Common Law
(1983 ed.)]
(1983 ed.)]
Distinguish: Factum Probandum
Distinguish: Probandum v.
v.
Factum Probans
Probans
Factum Factum
Factum
D. PROOF
D. PROOFVS.
vs. EVIDENCE
EVIDENCE
Probans
Probans Probandum
Probandum
probative or
A probative or A fact to be
A be proved;
proved; Distinguish: Proof v. Evidence
Distinguish: Evidence
evidentiary fact;
evidentiary also called
also called the
the
subsidiary fact
subsidiary fact ultimate fact.
ultimate fact. Proof
Proof Evidence
tending to
tending to prove
prove aa
principal fact
principal fact in
in issue
issue The term means
The meansthe the The net effect
The effect or
or The means,
The means,
(i.e., the
(i.e., the factum essential facts
essential facts result of evidence; it sanctioned by these
probans)
probans) constituting the
constituting the is the outcome of rules [on
rules evidence],
on evidenes,
[Black’s Law
[Black's Law plaintiff’s cause
plaintiff's cause ofof adequate evidence
adequate evidence of ascertaining in
of ascertaining in aa
Dictionary
Dictionary(2009)].
(2009)]. action, without which
action, which [Peralta, Insights on judicial proceeding
[Peralta, Insights on judicial proceeding
renders the
renders the statement
statement Evidence (2020)
Evidence (2020)p.p. the truth
the truth respecting
respecting aa
The evidentiary
The evidentiary facts of the
facts of the cause
cause ofof action
action 17, citing
17, citing Cui,
Cui, matter of
matter of fact
fact [Sec.
[Sec. 1,
1,
are those facts
are facts which cient [Tantuico
insufficient
which insuf [Tantuico Evidence:
Evidence: Techniques Rule 128]
Techniques Rule 128]
are necessary
are necessary for
for v. Republic,
v. Republic, supra].
supra]. and Summaries
and Summaries
determination of
determination of the
the (1985, 2nd
(1985, 2nd ed.),
ed.), p.1] The medium
p.11 The medium by by which
which
ultimate facts;
ultimate facts; they
they proof is derived
proof derived
are the
are the premises
premises [Peralta, supra]
[Peralta, supra]
upon which
upon which
conclusions of
conclusions of
ultimate facts are
are
based [Tantuico v.
based [Tantuico v.
Republic, G.R. No.
Republic, G.R. No.

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EVIDENCE
EVIDENCE REMEDIAL LAW

E. BURDEN
E. BURDENOFOFPROOF
PROOF VS.
vs. BURDEN
BURDEN burden of
burden of proving
proving thethe issued aa firearms
issued rearms
OF EVIDENCE [Rule131,
OF EVIDENCE [Rule 131, Sec.
Sec.1]
1] accused’s lack
accused's lackofof license, the
license, the burden
burden of
of
authority to
authority to have
have aa evidence is
evidence is then
then
firearm [People v.
rearm [People v. shifted to
shifted to the
the accused
accused
SECTION 1. Burden of Proof and Salahuddin, G.R.
Salahuddin, G.R. No.
No. to prove
to prove his
his
Burden of Evidence. — Burden of proof 206291
206291 (2016)].
(2016)]. authorization to
authorization to
is
is the
the duty of aa party
duty of party to
to present
present evidence
evidence possess aa firearm
possess rearm
on
on the facts in
the facts in issue
issue necessary
necessary to establish
to establish [People v.v.
[People
his
his or
or her
her claim
claim or defense by
or defense by the amount
the amount Salahuddin, supra].
Salahuddin, supra].
of evidence
evidence required
required by by law. Burden of
law. Burden
proof never shifts.
proof never shifts. NOTE: The
NOTE: The test
test for
for determining
determining where
where the
the
burden of proof
burden proof lies
lies is
is to askask which
which party
party to
to an
an
Burden of evidence is the duty of a party action or suit
action suit will
will fail
fail ifif he
he offers
offers no
no evidence
evidence
to present evidence sufficient to establish competent to
competent to show
show the
the facts
facts averred
averred as
as the
the basis
basis
present
or rebut aa evidence
or rebut fact in
fact in issue surent
issue to
to establish
establishtoaaaprima
pisy
prima
for the
for the relief
relief he
he seeks
seeks to obtain [Republic
to obtain [Republic v.
v. Vda.
Vda.
facie case.
facie case. Burden
Burden of evidence may
of evidence may shift
shift
de Neri,
de Neri, G.R.
G.R. No.
No. 139588
139588 (2004)].
(2004)].
from one party
from one party toto the
the other
other in
in the
the course
course
the proceedings,
of the proceedings, depending
depending on on the
exigencies
exigencies ofof the case. (1a)
the case. (1a)

F. WEIGHT
F. WEIGHTAND
ANDSUFFICIENCY
SUFFICIENCY OF
OF
Burden of
of Proof
Proof Evidence
Burden of Evidence EVIDENCE
EVIDENCE[Rule
[Rule 133]
133]
As to
As to definition
de nition
Sec. 1. Preponderance
Sec. Preponderance of Evidence,
Evidence,
It is the
It is the duty
duty ofof aa It is the
It is the duty
duty of
of the
the How Determined. -—InIncivil
civilcases,
cases, the
the
party to
party to present
present on on party to
party to present
present party having the
party having burden of
the burden proof must
of proof must
the facts
the facts in
in issue
issue evidence sufficient
evidence suf cient toto establish
establish hishisoror her
her case by aa
case by
necessary
necessary to establish
to establish establish or
establish or rebut
rebut aa preponderance
preponderance of
of evidence.
evidence. In In
his or
his or her
her claim
claim or or fact in
fact in issue
issue to
to determining
determining where the preponderance or
where the preponderance or
defense by
defense by the
the establish aa prima
establish prima superior
superior weight
weight of of evidence
evidence on on the
the issues
issues
amount of
amount of evidence
evidence facie case
facie case [Sec.
[Sec. 1,1, involved lies,
involved lies, the
the court
court may
may consider
consider all
all the
the
required by
required by law
law [Sec.
[Sec. Rule 131].
Rule 131]. facts and circumstances of
facts and circumstances of the case, thethe case, the
1, Rule
1, Rule 131].
131].
witnesses' manner
witnesses' manner of testifying, their
of testifying, their
intelligence, their
intelligence, their means
means and and opportunity
opportunity
As to
As to nature
nature of knowing
of knowing the facts facts to which
which they
they are
are
testifying, the
testifying, the nature
nature of of the
the facts
facts to
to which
which
they testify,
they testify, the
the probability
probability or or improbability
improbability
Never shifts
Never shifts[Id.]
[Id.] May shift
May shift from
from one
one
party to another
another in
of their
of their testimony,
testimony, theirtheir interest
interest oror want
want ofof
party in
the course of the interest, and
interest, and also
also their
their personal
personal credibility
credibility
the course of the so
so far
far as
as the
the same
same maymay legitimately appear
legitimately appear
proceedings. [Id.]
proceedings. [Id.]
upon the
upon the trial.
trial. The
The court
court may
may also
also consider
consider
Example
Example the number
the number of of witnesses,
witnesses, though
though the the
preponderance
preponderance is is not necessarily with
not necessarily the
with the
In illegal
In illegal possession
possession Once the
Once prosecution
the prosecution greater
greater number.
number. (1a)(1a)
of firearms,
of rearms,the
the proves that
proves thatthe
the
prosecution has
prosecution has the
the accused was
accused wasnot
not Sec. 2.
Sec. 2. Proof
Proof beyond
beyondReasonable
Reasonable

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EVIDENCE
EVIDENCE REMEDIAL LAW
REMEDIAL LAW

Doubt. -—
Doubt. InIn a criminalcase,
a criminal case, the
the accused
accused
Requiring proof
Requiring beyond reasonable
proof beyond reasonable doubt doubt
is
is entitled
entitled totoan
an acquittal,
acquittal, unless
unless his
his or
or her
her
necessarily means
necessarily means that
that mere
mere suspicion
suspicionof ofthe
theguilt
guilt
guilt is
is shown
shown beyond
beyond reasonable
reasonable doubt.
doubt.
of the
of the accused,
accused, nono matter
matter howhow strong,
strong, should
should not
not
Proof
Proof beyond
beyond reasonable
reasonable doubt
doubt does
does notnot
mean such
mean such aa degree
degree ofof proof as, excluding
proof as, excluding sway judgment
sway judgment against
against him.
him. ItIt further
further means
meansthat
that
possibility of
possibility error, produces
of error, produces absolute
absolute the court
the court should
should duly
duly consider
consider every
every evidence
evidence
certainty. Moral
certainty. Moral certainty
certainty only
only is
is required,
required, favoring him,
favoring him, and
and that,
that, in
in the
the process,
process, the courts
the courts
that degree
or that degree of of proof
proof which
which produces
produces should persistently
should persistently insist
insist that accusation isis not
that accusation not
conviction
conviction in in an
an unprejudiced
unprejudiced mind. (2a)
mind. (2a) synonymous with
synonymous guilt; every
with guilt; everycircumstance
circumstance
favoring his
favoring his innocence
innocence should
should be be fully
fully taken
taken into
Sec.
Sec. 4. 4. Circumstantial
Circumstantial Evidence,
Evidence, [People v.
account [People
account Claro, G.R.
v. Claro, G.R. No.
No. 199894
199894
When Suf Sufficient.
cient. -—Circumstantial
Circumstantial (2017)].
(2017)].
evidence is
evidence is sufficient
suf cient for
for conviction
conviction if:
if:
(a) more than
Thereis is more than one!
(a) There one What is meant by “reasonable
"reasonable doubt”
doubt"
circumstance;
circumstance; Reasonable doubt
Reasonable doubt does
doesnotnot refer
refer to
to any
any doubt
doubt or
or
(b) The
The factsfacts from
from which
which the the i aa mere
mere possible
possible doubt
doubt because
because everything
everything in
inferences
inferences areare derived
derived are proven;
are proven; human experience
human experience is subject to possible
is subject possible doubt.
and Rather, it is
is the
the state
state of
of the
the case
case which, after a
(c) The
(c) The combination
combination ofof all all the
the comparison of
comparison of all
all the
the evidence,
evidence, does
does not
not lead
lead the
the
circumstances is issuch
circumstances suchasas to to judge to
judge to have
have in mindmind aa moral
moral certainty
certainty ofof the
produce conviction beyond
produce a conviction beyond
of the
truth of thecharge.
charge. WhenWhen there
there isisreasonable
reasonable
reasonable doubt.
reasonable doubt. Inferences
Inferences
doubt as to the guilt of of the
the accused,
accused, there
there must
must
cannot be
cannot be based
based on on other
other
be an
be an acquittal. [People v.
acquittal. [People v. Rodriguez,
Rodriguez, G.R.
G.R. No.
No.
inferences.
inferences. (4a)
(4a)
211721 (2017)].
211721 (2017)].

Sec. 6.
Sec. Substantial Evidence.
6. Substantial Evidence.—- In
cases
cases filed
led before
before administrative
administrative or or quasi-
quasi- Where applicable
judicial bodies,
judicial bodies, aa factfact may
may be bedeemed
deemed In aacriminal
In criminal case,
case, the
the accused
accused is is entitled
entitled to an
established
established ifif it is supported
it is supported by by substantial
substantial acquittal, unless
acquittal, unless his
his or
or her
her guilt
guilt is
is shown
shown beyond
beyond
evidence, or
evidence, or that amount of relevant
that amount relevant reasonable doubt.
reasonable doubt.
evidence
evidence which
which aa reasonable
reasonable mind mind might
accept
accept asas adequate
adequate to justify aa conclusion.
to justify conclusion. Who shall prove
(5)
(5) The burden
The burden is
is on
onthe
theprosecution to prove
prosecution to prove guilt
beyond reasonable
beyond reasonable doubt,
doubt, NOT
NOT on
on the
the accused
accused to to
a. Quantum
a. Quantumof
ofEvidence
Evidence prove his/her
prove his/herinnocence [Boac v.
innocence [Boac v. People,
People, G.R.
G.R. No.
No.
180597 (2008)].
180597 (2008)].
- This
This proceeds
proceeds from
from Sec.
Sec.142
142(2),
(2),Art.
Art.III
III
i.i. Proof
Proof BeyondReasonable
Beyond Reasonable Doubt
Doubt
of the
of the 1987
1987 Constitution
Constitution which
which provides
provides
that the
that theaccused
accused isis presumed
presumed innocent
innocent
Definition
De nition until the contrary
until the contrary is
is proven.
proven.
Proof beyond
Proof beyond reasonable
reasonable doubt
doubt does
does not mean
such aa degree
such degree of
of proof
proof as,
as, excluding
excluding possibility
possibility of
of
Duty of prosecution
prosecution in
in criminal
criminal cases
cases
error, produces
error, produces absolute
absolute certainty.
certainty. Moral
Moral
prosecution must
The prosecution rely on
must not rely on the
the weakness
weakness
certainty only
certainty only is required, or
or that
that degree
degree of
of proof
proof
of the
of the evidence
evidence of
of the
the defense [Ubales v.
defense [Ubales v. People,
People,
which produces
which produces conviction
conviction in an unprejudiced
in an unprejudiced
G.R. No.
G.R. No. 175692
175692 (2008); People v.
(2008); People v. Hu, G.R. No.
Hu, G.R. No.
mind [Sec.
mind [Sec. 2,
2, Rule
Rule 133].
133].
182232 (2008)].
182232 (2008)].

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EVIDENCE
EVIDENCE REMEDIAL LAW
REMEDIAL LAW

interest or
interest or want
want of
of interest,
interest, and
and also
also their
their
Thus, evidence
Thus, evidence of
of the
the prosecution
prosecution must
must stand
stand on
on personal credibility
personal credibility so
so far as the same
far as same
its own
its own strength.
strength. may legitimately
may legitimately appear
appearupon
uponthe
thetrial;
trial;
● Number
Number ofofwitnesseswitnesses (although
(although
Applying thepro
Applying the pro reo
reo principle
principle and
and the preponderance is
preponderance is not
not necessarily
necessarilywith
with the
the
equipoise
equipoise (also
(also known
known
equiponderance/equilibrium/equanimity)
as as greater number)
greater number) [Sec.
[Sec. 1,
1, Rule
Rule 133].
133].

rule,where
rule, wherethe
theevidence
evidence on on an
an issue
issue of
of fact
fact is
is in
in iii. Substantial
iii. SubstantialEvidence
Evidence
question or
question or there
there is doubt on which
is doubt which side
side the
evidence weighs,
evidence weighs, the
the doubt should be
doubt should be resolved
resolved inin Definition
De nition
favor of
favor of the
theaccused.
accused. Hence,
Hence, thethe accused
accused is is ItItisisthe
theamount
amountofofrelevant
relevant evidence
evidence which
which aa
entitled to acquittal.
entitled acquittal. This
This proceeds
proceeds from from the reasonable mind
reasonable mind might accept as
might accept adequate to
as adequate to
constitutional right
constitutional right of
of the
the accused
accused to to presumption
presumption justify aa conclusion
justify conclusion [Sec.
[Sec. 6,
6, Rule
Rule 133].
133].
of innocence.
of [Amanquiton v.
innocence. [Amanquiton People, G.R.
v. People, G.R. No.
No.
186080
186080 (2009)].
(2009)]. Where applicable
This is
This the degree
is the degree of
of evidence
evidence required
required in
in cases
cases
When the
When the prosecution's
prosecution’s evidence
evidence isis weak,
weak, the
the filed before administrative
led before administrative or
or quasi-judicial
quasi-judicial
defense
defense need
need not even present
not even present its evidence
evidence to bodies.
bodies.
merit acquittal.
merit acquittal.
This also
This also applies
applies to petitions
petitions under
under the Rule
Rule on
ii. Preponderance
ii. PreponderanceofofEvidence
Evidence the Writ
the Writ of
ofAmparo
Amparo [Sec.
[Sec. 17, Rule
Rule on
on the
the Writ
Writ of
of
Amparo] and
Amparo] and the
the Rule
Rule on
on the Writ of
the Writ of Habeas
Habeas data
data
Definition
De nition [Sec. 16,
[Sec. 16, Rule
Rule on
on the
the Writ
Writ of
of Habeas
Habeas data].
data].
ItItmeans
means that
thatthe
theevidence
evidence adduced
adduced by one side
side
is, as
is, as aa whole,
whole, superior
superior to or has
to or has greater
greater weight
weight Substantial Evidence
Substantial Evidence Rule
than that
than that of
of the
the other [Habagat Grill
other [Habagat Grill v. DMC-
DMC- Factual findings
Factual ndingsof
of the Labor Arbiter
the Labor Arbiter and
and the
Urban Property
Urban Property Developer,
Developer, Inc., G.R. No.
Inc., G.R. No. 155110
155110 NLRC, especially
NLRC, especiallywhen
whenaffirmed
af rmedby bythe
the Court
Court of
of
(2005); Bank
(2005); Bank ofof the
the Philippine
Philippine Islands
Islands v.
v. Reyes,
Reyes, Appeals, are
Appeals, are accorded
accordednot
not only
only great
great respect
respect but
but
G.R.
G.R. No.
No. 157177
157177(2008)].
(2008)]. also finality,
also and are
nality, and are deemed
deemed binding
binding upon
upon this
Court
Court so long as
so long as they
they areare supported
supported by by
Where applicable substantial evidence[Tan
substantial evidence Brothers Corp.
[Tan Brothers Corp. v.
This is
This is the
the applicable
applicable quantum of evidence
quantum of evidence in
in civil
civil Escudero, G.R.
Escudero, G.R.No.No.188711
188711(2013)].
(2013)].
cases [Sec.
cases [Sec. 1,
1, Rule
Rule 133].
133].
iv. Clear
iv. Clear
andand ConvincingEvidence
Convincing Evidence
How determined
In determining
In determining preponderance
preponderance of evidence,
evidence, the
the Definition
De nition
court may consider
court may consider the following:
the following: Clear and
Clear and convincing
convincing evidence
evidence isis more
more than
than mere
mere
•●All All
thethe facts
facts and and circumstances of the
circumstances preponderance, but
preponderance, butnot
not to
to the extent of such
the extent such
case;
case; certainty as
certainty as is
is required beyond reasonable
reasonabledoubt
doubt
•●The The witnesses’manner
witnesses' mannerof of testifying,
testifying, their
their as in
as in criminal
criminal cases [Manalo v.
cases [Manalo Roldan-Confesor,
v. Roldan-Confesor,
intelligence, their
intelligence, their means
means and
and opportunity
opportunity G.R. No.
G.R. No. 102358
102358(1992)].
(1992)].
knowing the
of knowing the facts
facts to which
which they
they
testify, the nature of the facts
testify, the nature of the facts which to which Where applicable
applicable
they testify,
they testify, thethe probability
probability or or •● InIngranting
granting or
ordenying
denying bail
bail in
in
improbability of
improbability their testimony,
of their testimony, their
their extraditioncases,
extradition cases,there
theremust
must be
be clear
clear
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and convincing evidence


and convincing evidence that the
that the
FurtherEvidence.
Further Evidence.-—The
Thecourt
courtmay
may stop
stop
potential
potential extraditee
extraditee isis not
not a
a flight risk and
ight risk and
the
the introduction
introduction of further testimony
of further testimony upon
upon
will abide
will abide with
with all
all the
the orders
orders and
and process
process
any particular point
any particular when the
point when the evidence
evidence
of the extradition court [Government
extradition court [Governmentofof upon itit is
upon is already
already so so full
full that
that more
more
Hongkong
Hongkong Special
Special Administrative
Administrative Region
Region witnesses
witnessestoto the same point
the same point cannot
cannot be
be
v. Olalia, Jr.,
v. Olalia, G.R. No.
Jr., G.R. No. 153675
153675(2007)].
(2007)]. reasonably expected
reasonably expected to be additionally
to be additionally
● InIndefenses
defensesof ofdenial
denial and
and improper
improper persuasive.
persuasive. This
This power shall be
power shall be exercised
exercised
motive [People v.v.Colentava,
motive [People Colentava, G.R.G.R. No.
No. with
with caution.
caution. (6a)
(6a)
190348
190348(2015)].
(2015)].
•For
● overturning
For overturning
presumptions,
presumptions, such
such
disputable
disputable
asthe
as the
Grounds to stop further
Grounds further evidence:
evidence: [Sec.
[Sec. 7,
Rule 133]
Rule 133] grants
grants the
the trial court the
trial court the authority
authority and
and
presumption ofof regularity
presumption regularityinin the
the
discretion to
discretion to stop
stop further testimonial evidence
further testimonial evidence onon
performance of
performance official
of of duties [Portuguez
cial duties [Portuguez
the ground that
the ground that additional
additional corroborative
corroborative
v. People, G.R.
v. People, G.R. No.
No. 194499
194499 (2015)]
(2015)] or
or
testimony
testimony has has no more
more persuasive
persuasive valuevalue as
as
the existence
the existence of
of aa valuable
valuable consideration
consideration
the
the evidence
evidence onon that
that particular point is
particular point is already
already so
so
[Tolentino v. Sps.
[Tolentino Sps. Latagan,
Latagan, G.R.
G.R. No.
No.
[Go v.
full [Go
full v.Looyuko,
Looyuko, G.R.
G.R. No.
No. 147923
147923(2007)].
(2007)].
179874
179874(2015)].
(2015)].Note
Note however: The
however: The
addressee's “direct
addressee's "direct denial”
denial"ofof receipt
receipt of
of
See [People
See [People v. Webb, G.R.
v. Webb, G.R. No.
No. 132577,
132577, (1999)],
(1999)],
mail
mail alleged
alleged to
to have
have been
been mailed
mailed to
to it
where
where aa motion
motion toto admit
admit the depositions from
the depositions from five
ve
defeats the
defeats presumption in
the presumption Sec. 3(v),
in Sec.
U.S.-based
U.S.-basedwitnesses
witnesseswas wasdenied
deniedby by thethe trial
Rule
Rule 131
131 and
and shifts
shifts the
the burden
burden upon
upon the
the
court
court as
as the
the latter
latter was
was but
but exercising
exercising its
its judgment
judgment
party favored by
party favored the presumption
by the presumption to
on what it perceived
on what perceived to be a super
to be superfluous uous
prove
prove that mailed letter
that the mailed letter was
was indeed
indeed
exercise on
exercise on the
the belief
belief that
that the
the introduction
introduction
received
received by thetheaddressee
by addressee
hereof will
hereof will not
not reasonably
reasonably add add to to the
the
[Commissioner ofof Internal
[Commissioner Revenue v.
Internal Revenue v.
persuasiveness
persuasiveness of of the
the evidence already on
Metro
Metro Star,
Star, G.R.
G.R. No.
No. 185371
185371(2010)].
(2010)].
record.
record.
•● For
For invoking
invoking the
the justifying
justifying
circumstance of self-defense
self-defense for
for the
the
defense AND
AND proving
proving the
the
Evidence on Motion
aggravating circumstance
circumstance of
of
treacheryfor the prosecution
treachery for the prosecution Sec. 8. Evidence
Sec. Evidence on
on Motion.
Motion. — When a
- When
[People v. Casas,
[People Casas, G.R.
G.R. No.
No. 212565
212565 motion
motion isis based
based onon facts
facts not appearing of
not appearing of
(2015)]. The
(2015)]. The former
former isis because
because having
having record, the court may hear
record, hear the
the matter on
admitted the
admitted the killing
killing requires
requires the
the accused
accused affidavits
af davits oror depositions
depositions presented
presented by the
by the
to rely
to rely on
on the
the strength
strength of
of his
his own
own respective parties,
respective parties, but the court
but the court may
may direct
direct
evidence, not
evidence, not on weakness of
on the weakness of the the matter
that the matter be
be heard
heard wholly or partly
Prosecution’s, which,
Prosecution's, which,even
evenifif itit were
were on oral
on oral testimony
testimony or or depositions.
depositions. (7)
(7)
weak, could
weak, could not
not be
be disbelieved
disbelieved in
in view
view of
of
his admission
his [People v.
admission [People v. Mediado,
Mediado, G.R.
G.R. Illustration:
Illustration:
No.
No. 169871
169871 (2011)].
(2011)]. But respondent judge
But respondent judge claims
claims that petitioner has
that petitioner has
not proved his
not proved his minority. This is
minority. This is inaccurate.
inaccurate. In his
In his
Power to Stop Further
Further Evidence
Evidence bail, petitioner
motion for bail, petitioner alleged
alleged that he he was
was a
minor of
minor of 16
16 and
and this
thisaverment
averment waswas never
never
Sec. 7.
Sec. Power of
7. Power Court to Stop
of the Court Stop challenged by
challenged the prosecution.
by the prosecution. Subsequently,
Subsequently, inin
his memorandum
memorandum in in support
support of of the motion

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for bail,
for bail, petitioner
petitioner attached
attached a
a copy
copy of his
his scales in
scales in favor
favor of
of the
the accused [Malana v.
accused [Malana v. People,
People,
birthcerti
birth certificate. And nally,
cate. And finally,after
afterrespondent
respondent G.R. No.
G.R. No. 173612
173612 (2008)].
(2008)].
Judge had
Judge haddenied
deniedthe themotion
motionforforbail,
bail,petitioner
petitioner
led aamotion
filed motionforfor reconsideration,
reconsideration, NOTE: Similar to
NOTE: Similar to the equipoise rule
the equipoise rule is
is the
the rule
rule of
of
attaching thereto
attaching thereto aa certified
certi ed true copy copy ofof lenity, not
lenity, not to
tobe
beconfused
confused for the former. Under
Under
his birth certi
his birth certificate. Respondent Judge,
cate. Respondent Judge, this rule,
this rule, when
when the
the court
court is
is faced
faced with
with two
two
however,
however, refused
refused to take cognizance
to take cognizance of possible interpretations
possible interpretations of
of aa penal
penal statute
statute (one
petitioner's
petitioner's unchallenged
unchallenged minority
minority that is
that is prejudicial
prejudicial to him
him and another favorable),
favorable),
allegedly because
allegedly becausethe the certificate
certi cate of of birth
birth interpretation which
the interpretation which is
is more
more lenient
lenient to
to the
was not offered
offered in in evidence.
evidence. This was was error
error accused must
accused must be adopted[Ient
be adopted [Ient v. Tullet Prebon
v. Tullet Prebon
because evidence
because evidence of petitioner's minority
of petitioner's minority waswas Inc., G.R.
Inc., G.R. No.
No. 189158
189158 (2017)].
(2017)].
already aa part
already part of
of the
the record
recordofofthe
thecase.
case.ItIt was
was
properly filed
properly led in
in support
support of of aa motion.
motion. ItIt
would be a a needless
needlessformality
formality to to offer
offer it in
evidence. Respondent Judge
evidence. Respondent Judge therefore
therefore acted
acted H. ADMISSIBILITY;
ADMISSIBILITY;RELEVANCE
RELEVANCE AND
AND
grave abuse
with grave abuse of discretion in
of discretion disregarding itit
in disregarding H.
COMPETENCE
COMPETENCE[Rule
[Rule 128]
128]
[Bravo Jr.
[Bravo Jr. v.
v. Borja,
Borja, G.R.
G.R. No.
No. L-65228
L-65228(1985)].
(1985)].

When inapplicable Sec. 3.


Sec. Admissibility of
3. Admissibility of Evidence.
Evidence.—-
[W]hile the court
[While the court may
may rule
rule upon
upon motions
motions solely
solely Evidence
Evidence isis admissible
admissible when
when itit is
is relevant
relevant
on the the basis
basis of af
affidavits and counter-af
davits and counter-affidavits,
davits, the issue
to the issue and
and not
not excluded
excluded by
by the
the
ifif the
the af
affidavits contradict each
davits contradict each other on on Constitution, the
Constitution, the law
law or
or these
these Rules.
Rules. (3a)
(3a)
matters of
matters of fact,
fact, the
the court
courtcan
can have
have no basis
basis
to make
to make its
its findings
ndings ofoffacts
factsand
andthe
theprudent
prudent
Sec.
Sec. 4.4. Relevancy;
Relevancy; Collateral
Collateral Matters.
course isis to subject
course subject the
the afaffiants
ants toto cross
cross
-—Evidence
Evidencemust musthave
have such
such aa relation
relation to
the fact
the fact in
in issue
issue as
as to induce
induce belief
belief in
in its
examination so that the
examination the court
court can
can decide
decide whom
whom
existence or
existence or nonexistence.
nonexistence. Evidence
Evidence on on
to believe
to [People v.
believe [People v. Monteiro,
Monteiro, G.R.
G.R. No.
No. 49454
49454
collateral
collateral matters
matters shall
shall not be be allowed,
allowed,
(1990)].
(1990)].
except
except when tends in
when it tends in any
anyreasonable
reasonable
degree to
degree establish the
to establish the probability
probability or or
improbability of the fact in issue.
improbability of the fact in issue. (4) (4)

EQUIPOISE RULE
G. EQUIPOISE RULE
a. General
a. General Rule
Rule
Evidence isisadmissible
Evidence admissiblewhen
whenit itisisrelevant
relevant to the
The doctrine
The doctrine refers
refers to the
the situation
situation where
where the
the
issue and competent
issue competent -–i.e.,
i.e.,ititisisnot
notexcluded
excluded by
evidence of the
evidence the parties
parties are
are evenly
evenly balanced
balanced or
or
the Constitution,
the Constitution, the law,
law, or
or the
the Rules
Rules of Court.
Court.
there is
there is doubt
doubt on on which
which sideside the
theevidence
evidence
preponderates. In
preponderates. In this
this case,
case, the
the decision
decision should
should
NOTE: The addition
NOTE: The of the
addition of the words
words "the
“the
be against
be against the the party
party with the burden burden of of
Constitution” simply
Constitution" simply seeks
seeks to make explicit
to make explicit the
the
[Rivera v.v.C.A.,
proof[Rivera
proof C.A., G.R.
G.R. No.
No. 115625
115625 (1998);
(1998);
fact that
fact thatthe
the 1987
1987 Constitution
Constitution contains
contains aa number
number
Marubeni v.
Marubeni Lirag, G.R.
v. Lirag, G.R. No.
No. 130998
130998 (2001)].
(2001)].
of exclusionary
of exclusionary rules
rules of evidence,
evidence, namely:
namely: Art.
Art.
III,Secs.
III, Secs. 2,
2, 3(1)
3(1) and
and (2); 12(1), (2)
(2); 12(1), (2) and
and (3);
(3); and
and
Incriminal
In criminalcases,
cases,the
theequipoise
equipoiserule
ruleprovides
provides
17 (See
17 (See table
table on
on constitutional
constitutional exclusionary
exclusionary rules
rules
that where
that where the
theevidence
evidence is
is evenly
evenly balanced,
balanced, the
below).
below).
innocence tilts the
constitutional presumption of innocence the

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Relevant Competent
•●The
Theimplication
implication isisthat
thatthe
theevidence
evidence
Relevant Competent
offered appears
offered appearsatat first glance to
rst glance be
to be
When the
When the evidence
evidence Not excluded
Not excluded byby the:
the: irrelevant and
irrelevant and therefore
therefore inadmissible.
inadmissible.
has such
has such aa relation
relation to
to ● Constitution
Constitution
the fact
the fact in issue
issue as
induce belief
induce
asto
beliefininits
its
to ● Laws
● Rules
Rules of
of
iii.
iii. Curative Admissibility
Curative Admissibility
Under this
Under this doctrine,
doctrine, aa party
party may
may bebe permitted
permitted toto
existence or
existence or Court
nonexistence.
nonexistence. introduce incompetent
introduce incompetent evidence
evidence to equalize the
to equalize the
[Sec. 3,
[Sec. 3, Rule
Rule 128]
128] admission by the court
admission court of
of incompetent
incompetent evidence
evidence
presented by
presented by the
the adverse party [Peralta,
adverse party [Peralta,p.
p. 91].
91].

b. Rule
b. Rule on
on Collateral
Collateral Matters
Matters d. Exclusionary
ExclusionaryRules
Rules of
of Evidence
Evidence

General Rule
General Rule
i. ConstitutionalExclusionary
Constitutional Exclusionary Rules
Rules
Evidence on
Evidence on collateral
collateralmatters
mattersshall
shallnot be
not be
allowed.
allowed. Violation
Violation Consequence
Consequence

Art. III,
Art. III,Sec.
Sec. 22 Inadmissible for
Inadmissible for any
any
Exception (Unreasonable
(Unreasonable proceeding.
proceeding.
When it tends
When tends in
in any
anyreasonable
reasonable degree
degree to
to searches and
searches and
establish the
establish the probability
probability or improbability of
or improbability of the seizures)
seizures)
fact in issue.
fact issue.
Art. III,
Art. III,Sec.
Sec. 3
3
(Privacy of
(Privacy of
c. Other
c. OtherConcepts
Concepts communication and
communication and
correspondence,
correspondence,
i.i. Multiple
MultipleAdmissibility
Admissibility except upon
except upon lawful
lawful
Under the doctrine
Under doctrine of multiple admissibility,
admissibility, the
the order of the
order the court,
court, oror
reason for which
reason which evidence
evidence is offered must
is offered must be when public safety
when safety oror
order requires
order requires
specified
speci ed since
since the same may
the same be admissible
may be admissible for
for
otherwise, as
otherwise, as
several purposes,
several purposes, or admissible for
or may be admissible one
for one prescribed by
prescribed by law.)
law.)
purpose and
purpose for another.
and not for another. Otherwise,
Otherwise, the
adverse party
adverse cannot interpose
party cannot interpose the
the proper
proper Art. III,
Art. III,Sec.
Sec. 12
12 Inadmissible against
Inadmissible against
objection. Evidence
objection. Evidence submitted
submitted for one purpose
for one purpose (Right to
(Right to counsel,
counsel, the accused,
the accused, but
but may
may
may not
may not be
be considered
considered for any
any other
other purpose.
purpose. prohibition on
prohibition on torture,
torture, be used
be used byby
thethe
force, violence,
force, violence, offended party in
offended in aa
[Peralta, p.
[Peralta, p. 91,
91, citing
citing Uniwide
Uniwide Sales
Sales Realty
Realty and
and threat, intimidation,
threat, intimidation, suit for
suit for damages
damages
Resources Co. v. Titan-Ikeda Construction,
Resources Co. V. Titan-Ikeda Construction, G.R.G.R. or other means which
which against the
against the violator.
violator.
No. 126619
No. 126619(2006)]
(2006)] vitiate the free
vitiate free will;
will;
prohibition on
prohibition on secret
secret
ii.
ii. Conditional
ConditionalAmissibility
Amissibility detention places,
detention places,
solitary,
solitary,
When the
When the relevance
relevance ofof evidence
evidence depends
depends on on
incommunicado)
incommunicado)
whether aa fact
whether fact exists,
exists, proof
proof must
must be
be introduced
introduced
sufficient
suf support a finding
cient to support does
nding that the fact does Art. III,
Art. III, Sec.
Sec. 17
17
exist. The
exist. The court
court may
may admit
admit the
theproposed
proposed (Right against
(Right against self-
self-
evidence on
evidence on the thatthe
condition that
the condition theprod
the proof ed
proof be incrimination)
incrimination)
introduced later [Rule
introduced [Rule 104(b),
104(b), Federal
Federal Rules
Rules of
of
Evidence].
Evidence]. NOTE: It isis settled
NOTE: settled that
that for
foran
anextrajudicial
extrajudicial
confession to
confession be admissible
to be admissible in evidence against
in evidence against
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the accused,
the accused, the
the same
same “must
"must be
be(a)
(a)voluntary,
voluntary, (b)
(b) brothers and
brothers and sisters,
sisters, his
his spouse,
spouse, thethe
made with the
made the assistance
assistance of competent and
of a competent and municipal mayor,
municipal municipal judge,
mayor, the municipal judge,
independent counsel,
independent counsel,(c)(c) express,
express,andand(d)
(d) in district school
district school supervisor,
supervisor, or
or priest
priest or
or
writing.
writing. minister
minister of the gospel
of the gospel as
as chosen
chosen by
by him;
him;
otherwise, such
otherwise, such extrajudicial
extrajudicial confession
confession
“Moreover, Section
"Moreover, Section 22 of Republic
Republic Act
Act No. 7438 shall be
shall be inadmissible
inadmissible as
as evidence
evidence in
in any
any
requires that "any
requires "any person
person arrested,
arrested, detained
detained or
or proceeding [Sec.
proceeding [Sec. 2,
2, R.A.
R.A. 7438].
7438].
under custodial
under custodial investigation
investigation shall
shall at
at all
all times
times be
be
assisted by
assisted by counsel.”
counsel." iv.
iv. Exclusions under the
Exclusions under the Rules
Rules on
on
Evidence
Evidence
ii.
ii. Statutory Exclusionary
Statutory Exclusionary Rules
Rules ● Original document rule (previously, best
• Original document rule (previously, best
NOTE: There
NOTE: There must
must be
be aa law that
that renders
renders the evidence rule)
evidence rule)
evidence
evidence inadmissible
inadmissible [Ejercito
[Ejercito v. ● Hearsay evidence rule
Sandiganbayan, G.R.
Sandiganbayan, G.R.Nos.
Nos.157294-95
157294-95(2006)].
(2006)].In
In
v. : ●Hear
Offer
ofofevierces
compromise in civilcases
in civil cases
this case,
this case, the
the SC
SC held
held that nowhere in
that nowhere in R.A.
R.A. 1405
1405
(Bank
(Bank Secrecy
SecrecyLaw)Law)does
unlawful examination
unlawful
doesitit provide
examination of
provide that
bank accounts
of bank
an
that an
accounts shall
shall
v.
v. Exclusions
Exclusions under
● Rule
Rule of
under Court issuances
of Electronic
Electronic Evidence
Evidence
issuances

render the
render the evidence
evidence obtained
obtained therefrom
therefrom ○ e.g.,
e.g.,compliance
compliance with
with
inadmissible inin evidence.
inadmissible evidence.ItIt only
only imposes
imposes a authentication requirements
authentication requirements forfor
penalty for such
penalty for such offense.
offense. electronic evidence
electronic evidence
● Rule
RuleononExamination
Examination of of Child
Child Witness
Witness
iii. Exclusions
iii. Exclusions underSpecial
under Special Laws
Laws •○e.g.,
e.g., sexualabuse
sexual abuseshield
shield rule
rule
•●Lack
Lackofofdocumentary
documentary stamp
stamp tax
tax to •●Judicial
Judicial
AfAffidavit Rule
davit Rule
documents required
documents required to have one makes makes
such document
such document inadmissible
inadmissible as as evidence
evidence
court until
in court until the
the requisite
requisite stamp/s
stamp/s shall
have been af affixed
xed thereto and and canceled
canceled
[Sec. 201,
[Sec. 201, NIRC]; I.I.WHAT
WHAT NEEDNOT
NEED NOTBE
BEPROVED
PROVED
[Rule 129]
[Rule 129]
•●AnyAnycommunication
communication obtainedobtained by by a
1. Facts
1. FactsofofJudicial
Judicial Notice
Notice
person, not being
person, being authorized
authorized by by all
all the
parties to
parties to any
any private
private communication,
communication, by by
2. Judicial
2. JudicialAdmissions
Admissions
tapping any
tapping any wire/cable
wire/cable or or using
using any
any other
other 3. Conclusive
3. ConclusivePresumptions
Presumptions
device/arrangement
device/arrangement toto secretly
secretly
overhear/intercept/record
overhear/intercept/record such
such JudicialNotice;
a. Judicial Notice; Mandatory
Mandatory and
and
information by
information by using
using any
any device,
device, shall
shall not
not Discretionary [Secs.
Discretionary [Secs. 1-3]
1-3]
be admissible
be admissible in evidence in
in evidence in any
any hearing
hearing
or investigation
or investigation [Secs.
[Secs. 11 and
and 4,4, R.A.
R.A. 4200
4200
(Wire-Tapping
(Wire-Tapping Act)].Act)]. Sec.
Sec. 1.
1. Judicial
Judicial Notice,
Notice, When
When
•●Any Mandatory.- —
Mandatory. A courtshall
A court shalltake
takejudicial
judicial
Any extrajudicialconfession
extrajudicial confession mademade by a a
notice, without the
notice, without the introduction
introduction of of
person arrested,
person arrested, detained
detained or under
or under
evidence, of the
evidence, the existence
existence and
and territorial
custodial investigation
custodial investigation shall
shall be
be in
in writing
writing
extent of
extent of states,
states, their
their political
political history,
history,
and signed
and signed by such person
by such person in the
in the forms of
forms of government
government and and symbols
symbols of of
presence
presence of of his
his counsel
counsel oror in
in the latter's
nationality, the law of nations,
nationality, the law of nations, the the
absence, upon
absence, upon aa valid
valid waiver,
waiver, and
and inin the
the admiralty and
admiralty and maritime
maritime courts
courts ofof the
the world
world
presence of
presence of any
any of thethe parents,
parents, elder
elder

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and their seals,


and seals, the
the political
political constitution
constitution
and history
and history of
of the
the Philippines,
Philippines, official
of cial acts
acts 1. Mandatory
Mandatory Judicial Notice
Notice
the legislative,
of the legislative, executive
executive and judicial
and judicial 1. Existence
1. Existenceand
and territorial
territorial extent of states
states
departments
departments of the National
of the National Government
Government 2. Political
2. Political history
history
the Philippines,
of the Philippines, the
the laws
laws of
of nature,
nature, the
the 3. Forms
3. Formsofof government
government
measure of
measure of time, and the geographical
time, and geographical 4. Symbols
4. Symbols ofof nationality
nationality
divisions.
divisions. (1a)
(1a) 5. Law
5. Lawof
of nations
nations
6. Admiralty
6. Admiralty and
and maritime
maritime courts
courts of the
of the
Sec.
Sec. 2.
2. Judicial Notice,
Judicial Notice, When
When world and their seals
Discretionary. —
Discretionary. - AA court
court may
may take judicial
judicial 7.7.Portal othersion
Political and
constitution history
and history of
of the
the
notice of
notice matters which
of matters which are
are of public
of public! Philippines
Philippines
knowledge,
knowledge, or are
or are capable
capable of!
of 8. OfOfficial
8. actsofofthe
cial acts thelegislative,
legislative, executive
executive
unquestionable demonstration, or ought to and judicial
and judicial departments
departments of of the
the National
National
be known to judges
be known
unquestionable judges because orof
because
demonstration, theirto
ofought
their Government of
Government of the
the Philippines
Philippines
judicial functions.
judicial functions. (2)
(2) 9. Laws
9. Laws ofof nature
nature
10. Measure
10. Measure of
of time
time
Sec.
Sec. 3.3. Judicial
Judicial Notice,
Notice, When
When Hearing
Hearing
11. Geographical
11. Geographical divisions
divisions
Necessary. — During the pre-trial and
Necessary. - During the pre-trial andthethe
trial, the
trial, the court,
court, motu
motu proprio
proprio or or upon
upon
motion, shall
motion, shall hear
hear the
the parties
parties on on the
the Discretionary Judicial Notice
2. Discretionary Notice
propriety of taking judicial notice
propriety of taking judicial notice of any of any 1. Matters
1. Mattersofofpublic
public knowledge
knowledge
matter. Before
matter. Before judgment
judgment oror onon appeal,
appeal,thethe 2.
2. Matters
Matters which
which are
are capable
capable of
of
court,motu
court, motu proprio
proprio or
or upon motion, may
upon motion, may unquestionable demonstration
unquestionable demonstration
take judicial
take judicial notice
notice of
of any
any matter
matter and
and shall
shall 3. Matters
3. Matterswhich
which are
are ought
ought to be known
known to to
hear
hear the parties thereon
the parties thereon ifif such matter is judges because
judges because of their judicial functions
functions
decisive of
decisive material issue
of a material issue in thethe case.
case. [Sec. 2, Rule
[Sec. Rule 129].
129].
(3a)
‡ (3а)
Requisites
Requisites
Judicial Notice 1. The
1. Thematter
mattermust
mustbe
beone
oneof
ofcommon
common and
and
Judicial notice
Judicial notice is the cognizance
is the cognizance of certain facts
of certain facts general knowledge;
general knowledge;
which judges
which judges may
may properly
properly take
take and act on
and act on 2. ItItmust
2. mustbebewell
welland
andauthoritatively
authoritatively settled
settled

without proof
without proof because
because they
they already
already know
know them.
them. andnot
and not doubtful
doubtful or
or uncertain;
uncertain;

[Republic v.
[Republic v. Science
Science Park
Park of
of the
the Philippines,
Philippines, Inc.,
Inc., 3. ItIt must
3. mustbebeknown
knowntoto
bebe withinthe
within thelimits
limits
G.R. No. 237714 (2018)].
G.R. No. 237714 (2018)]. of
of the
the jurisdiction of the
jurisdiction of the court
court
[Expertravel && Tours,
[Expertravel Tours,Inc.
Inc. v.v. CA
CA and
and
In its appropriate
In its appropriate field
eld ititdisplaces
displaces evidence
evidence since,
since, Korean Airlines,
Korean Airlines, G.R.
G.R. No.
No. 152392
152392
as itit stands
as stands for proof,
proof, itit ful
fulfills the object
lls the object which
which (2005)].
(2005)].
the evidence
the evidence is designed
designed to to fulfulfill and makes
ll and makes
evidence unnecessary
evidence [Marcelo Steel
unnecessary [Marcelo Steel Corp.
Corp. vs
vs CA,
CA, The principal
The principal guide
guide in
in determining
determining what
what facts
facts may
may
G.R.
G.R. No. L-35851 (1974)
No. L-35851 (1974), citing Beardsley
, citing Beardsley v. v. be assumed
be assumed to judicially known
to be judicially known isis that
that of
Irving; State
Irving; State v.
v. Main].
Main]. notoriety.Hence,
notoriety. Hence,ititcan
can be
be said
said that judicial notice
that judicial notice
isislimited
limitedtotofacts
factsevidenced
evidenced by by public
public records
records and
and
facts of
facts of general
general notoriety.
notoriety. Moreover,
Moreover, aa judicially
judicially
Types of Judicial Notice
noticed fact
noticed must be
fact must one not
be one not subject
subject toto aa
1. MandatoryJudicial
1. Mandatory Judicial Notice
Notice
reasonable dispute
reasonable dispute in
in that
that itit is
is either
either (1) generally
(1) generally
2. Discretionary
2. DiscretionaryJudicial
Judicial Notice
Notice known within
known within the
the territorial
territorial jurisdiction
jurisdiction of
of the
the trial
trial
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court; (2) capable


court; or (2) capable of
of accurate
accurate and
and ready
ready In the
In the absence
absence ofof objection,
objection, and
and asas aa matter
matter of
of
determination by
determination resorting to sources
by resorting sources whose
whose convenience to
convenience to all
all parties,
parties, aa court may properly
court may properly
accuracy cannot
accuracy cannot reasonably
reasonably be questionable
questionable or any
treat all or any part
part of
of the
the original
original record
record of
of aa
[Ibid].
[Ibid]. case filed
case led in archives as
in its archives as read
read into
into the
the record
of aa case
of case pending
pending before
beforeit,
it, when:
when:
Things of "common
Things “common knowledge,”
knowledge," of of which
which courts
courts With the
1. With theknowledge
knowledge of of the
theopposing
opposing
take judicial
take judicial notice,
notice, may
may be
be matters
matters coming
comingtoto the
the party, reference
party, reference isis made
madetotoitit for
for that
that
knowledge of
knowledge of men
men generally
generally in
in the
the course
courseofof the
the purpose, by
purpose, name and
by name and number
number or or in
ordinary experiences
ordinary experiencesofoflife,
life,oror they
they may
may be be some other
some other manner
mannerbyby which
whichitit is
is
matters which
matters which are
are generally
generally accepted
accepted by by mankind
mankind sufficiently
suf designated; or
ciently designated; or
as
as true
true and
and areare capable
capable of of ready
ready andand 2. The
2. Theoriginal
originalrecord
record ofof the
the former
former case
case oror
unquestioned demonstration [State
unquestioned demonstration Prosecutors
[State Prosecutors any part
any part of
of it,
it, is
is actually
actually withdrawn
withdrawn from
from
v. Muro,
v. Muro, A.M.
A.M. No.
No. RTJ-92- 876 (1994)].
RTJ-92-876 (1994)]. the archives
the archives by by the court's direction,
the court's direction, at
at
the request
the request oror with the consent
consent of the
Judicial
Judicial notice
notice is not judicial
is not judicial knowledge.
knowledge. The The parties and
parties and admitted
admittedas
asaa part
part of
of the
mere
mere personal knowledge of the judge is not the
personal knowledge of the judge is not the record of
record the case
of the case then pending [US
then pending [US v.
v.
judicial knowledge
judicial knowledge ofof the the court,
court, and
and he
he isis not
not Claveria, G.R.
Claveria, G.R.No.
No.9282
9282(1915)].
(1915)].
authorized to
authorized make his
to make his individual
individual knowledge
knowledge of of aa
fact, not
fact, not generally
generally oror professionally
professionally known,
known, the the Courts
Courts may
may also
also take
take judicial
judicial notice
notice of
basis of
basis of his
his action
action[Ibid].
[Ibid]. proceedings in
proceedings causes because
in other causes because of
of
their:
With Respect
Respect to Court’s Own Acts
to the Court's Acts a. Close
a. Close connection
connection with
with the matter in
the matter
and Records controversy. For
controversy. For example,
example, in in aa separate
separate
AA court
court will
will take
take judicial
judicial notice
notice ofof its
its own
own acts
acts and
and civil action against
civil action against the administrator of
the administrator
records in
records in the
the same
same case,
case, ofof facts
facts established
established in
in an estate arising
an estate arising from
from an an appeal
appeal against
against
prior proceedings
prior proceedings inin the same case,
the same case, ofof the report of
the report of the
the committee
committee on on claims
claims
authenticity of its own
authenticity own records
records of of another
another case
case appointed
appointed in the
in theadministration
administration
between the
between the same
same parties,
parties, of
of the
the files of related
les of related proceedings of
proceedings of the
the said
said estate,
estate, thethe court
court
cases
cases in in the
the same
same court,
court, and
and of public records
of public records on
on judicial notice
took judicial notice of record of the
of the record
file in the
le in the same
same court [Republic v.
court [Republic v.C.A,
C.A, G.R.
G.R. No.
No. administration proceedings to
administration proceedings determine
to determine
119288 (1997)].
119288 (1997)]. whether the
whether the appeal
appeal waswas taken
taken on on time;
time;
b. ToTo
b. determinewhether
determine whetherthe thecase
case pending
pending
With Respect to
With Respect to Records
Records of
of Other
Other Cases
Cases isis aa moot
moot oneone or or whether
whether or not a
or not
previous ruling
previous ruling isis applicable
applicable in the case
in the case
under consideration;
under consideration;
General Rule
c. The
c. Theother
othercase
casehadhadbeen
been decided
decided by the the
As a general
As general rule,
rule, courts
courts are
are not authorized
authorized to
same court,
same court, involving
involving the same same subject
subject
take judicial
take judicial notice
notice of the contents
of the contents of
of the
the records
records
matter, with
matter, with thethe same
same cause
cause of action,
of action,
of other
of other cases,
cases, even
even when
when such
such cases
cases have
have been
been
and was
and was between
between the the same
same parties
parties
tried or
tried or are
are pending
pending in the the same
same court,
court, and
and
(which was
(which was notnot denied),
denied), and and constituted
constituted
notwithstanding the
notwithstanding the fact both cases
fact that both cases may
may
res judicata
res judicata onon the
the current
current cause
cause before
have been
have been tried
tried or
or are
are actually
actually pending
pending before
before the
the
the court
the [Tiburcio v.v.PHHC,
court [Tiburcio PHHC, G.R.G.R. No.
No. L-
L-
same judge
same [People v.
judge [People v. Hernandez,
Hernandez, G.R.
G.R. No.
No.
13479 (1959)].
13479 (1959)].
108028 (1996)].
108028 (1996)].

Exceptions Judicial Notice After Hearing


Judicial

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During Pre-Trial
Pre-Trial Before Judgment
Judgment instrument is
instrument is refused.
refused.
and Trial
and Trial on Appeal
on Appeal
Sec. 11.
Sec. Allegations Not Speci
11. Allegations Specifically
cally
How initiated
How initiated
Denied Deemed
Denied Deemed Admitted.
Admitted. — Material
- Material
Motu proprio
Motu proprio or
or upon
upon Motu proprio
Motu proprio or
or upon
upon averments
averments in a pleading
in a pleading asserting
asserting aa claim
claim
motion
motion motion
motion or claims, other
or claims, other than
than those
those asas to the
to the
amount of unliquidated
amount of unliquidated damages,
damages, shall
shall be
be
IfIf before
before judgment,
judgment, deemed admitted
deemed when not
admitted when not speci
specifically
cally
motion to reopen
motion reopen denied.
denied.
What may
What may be
be heard
heard
i.i. Concept
Concept andElements
and Elements
Any relevant
Any relevantmatter
matter Only matters
Only matters decisive
decisive
of aa material
of material issue
issue in
in Judicial admission
Judicial admissionisis aa verbal
verbal declaration
declaration or
or
the case
the case written statement made
written statement made by a party
by a party in in the
the course
course
of the
of the proceedings
proceedings in in the
the same
same case,
case, which
which does
does
not require proof.
not require proof. It is binding
It is binding uponupon the party
party
JudicialAdmissions
b. Judicial Admissions [Sec. 4]
4] making
making these
these admissions.
admissions. A judicial admission
A judicial admission is is
aa waiver
waiver ofof proof,
proof, and
and production
production of of evidence
evidence isis
Sec. 4. Judicial
Sec. 4. Judicial Admissions.
Admissions. —- An
An dispensed
dispensed with.
with. It removes an
It removes an admitted
admitted factfact from
from
admission, oral
admission, oral or
or written, made by
written, made by the the field
the of controversy.
eld of controversy. To To contradict
contradict one'sone's own
party in the
party in the course
course of of the
the proceedings
proceedings in
in admission, the
admission, Rules require
the Rules require that
that the
the party
party who
who
the same
the same case,
case, does
does not
not require
require proof.
proof. The
The made the admission must show that it was made
made the admission must show that it was made
admission
admission may may be contradicted only
be contradicted by
only by through palpable
through palpable mistake,
mistake, or or that imputed
that the imputed
showing
showing that
that itit was
was made
made through palpable
through palpable admission was
admission was not, in fact, made [Castil yy Alvero
[Castil Alvero
mistake
mistake oror that the imputed
that the imputed admission
admission was
was v. People,
v. People, G.R.
G.R. No.
No. 253930,
253930, (2022)].
(2022)].
not, in fact,
not, in fact, made.
made. (4a)(4a)
To be
To be a judicial admission, it
it must be:
1. Oral
1. Oralor
or written;
written;
Rules of Court, Rule 8 2. Made
Madebybyaaparty
partyto
tothe
thecase;
case;
3. Made
Madeininthe
thecourse
courseofofthe
theproceedings
proceedings in
in
Sec.
Sec. 8.
8. How
How to
toContest
Contest Such
Such thesame
the same case
case [Sec.
[Sec. 4,
4, Rule
Rule 129].
129].
Documents.
Documents. —- When When an
an action
action or
or
defense isis founded
defense founded upon written
upon a written ItItmay
mayonly
onlybe
becontradicted
contradicted by
by showing
showing
instrument, or
instrument, or attached
attached to the
to the that:
that:
corresponding pleading
corresponding pleading as
as provided
provided in
in the
the 1.1.It was
It was madethrough
made throughpalpable
palpable mistake
mistake
preceding section,
preceding section, the
the genuineness
genuineness andand
2. The
2. Theimputed
imputedadmission
admission was
was not,
not, in
in fact,
fact,
due execution
due execution of the
the instrument
instrument shall
shall be
made
made
deemed admitted
deemed admitted unless
unless theadverse
adverse
party, under
party, under oath,
oath, speci
specifically denies them,
cally denies them,
and sets
and sets forth what
what hehe or
or she
she claims to be
the facts;
the facts; but
but the
the requirement
requirement of an an oath
oath Judicial admissions
Judicial admissions may be made
made in:
in:
does not apply
does apply when
when thethe adverse
adverse party
party 1. The
1. Thepleadings
pleadings filed by the parties;
led by parties;
does not
does appear to
not appear to be
be aa party
party to the
to the 2. InIn
2. the
the courseofofthe
course thetrial,
trial,either
either by
by verbal
verbal
instrument
instrument or whenwhen compliance
compliance with an an or written
or written manifestations
manifestations or stipulations;
stipulations;
order for an
order an inspection
inspection ofof the
the original
original or
or

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3.
3. In
In other
other stages
stages of
of the
the judicial
judicial
proceeding; e.g.
proceeding; e.g. stipulation
stipulation of facts in
of facts in a
a In the Angara
In the Angara Diary,
Diary, Estrada's
Estrada’s options
options started
started to
to
pre-trial conference
pre-trial conference [People
[People v. v. dwindle when
dwindle when the armed
armed forces
forces withdrew
withdrew its
Hernandez,
Hernandez, G.R.G.R. No.
No. 108028 (1996)],
108028 (1996)], support.Thus,
support. Thus, Executive
Executive Secretary
Secretary Angara
Angara had
had to
to
allegations in
allegations motions not
in motions not speci
specifically
cally ask Senate
ask Senate President
President Pimentel
Pimentel to advise the
to advise
denied [Republic v.
denied [Republic v. de
de Guzman,
Guzman, G.R.G.R. No.
No. petitioner to
petitioner to consider
consider the
the option
option of
of dignified
digni ed exit
exit
175021
175021 (2011)], pre-trial, depositions,
(2011)], pre-trial, depositions, or resignation. Estrada
or resignation. Estradadiddidnotnot object
object to the
to the
interrogatories or
written interrogatories requests for
or requests for suggested option
suggested but simply
option but simply said
said he
he could
could never
never
admission [2
admission Regalado 836-837,
[2 Regalado 836-837, 2008
2008 leave the
leave the country [Estrada v.
country [Estrada v. Desierto,
Desierto, G.R.
G.R. Nos.
Nos.
Ed.]. 146710-15 (2001)].
146710-15 (2001)].

NOTE:
NOTE: ii.
ii. As Distinguished
As Distinguished from
from
1. Admissions
1. Admissions made
made by
by aa party
party pursuant
pursuant to
to ExtrajudicialAdmissions
Extrajudicial Admissions
aa request
request for
for admission
admission is is for
for the
the purpose
purpose
of the pending action only [Sec. 3, Rule
of the pending action only [Sec. 3, Rule
26].
26]. Rule 130,
Rule 130, Sec.
Sec. 27. Admission of
27. Admission of aa
2. InIncriminal
2. criminalcases,
cases, allall agreements
agreements or Party.-—
Party. Theact,
The act,declaration
declaration or
or omission
omission
admissions made
admissions made or or entered
entered duringduring the
the of aa party
party asas to
to aa relevant
relevant fact may
may bebe
pre-trial conference shall
pre-trial conference shall be reduced in
be reduced given in
given in evidence
evidence against
against him
him or
or her.
her. (26a)
(26a)
writing and signed
writing and signed by by the
the accused
accused and and
counsel, otherwise,
counsel, otherwise, they cannot be
they cannot be used
used
Judicial Admission
Judicial Admission Extrajudicial
Extrajudicial
against the
against the accused
accused [Sec.
[Sec. 2, 2, Rule
Rule 118].
118].
Admission
Admission
However, in
However, the civil
in the civil case
case instituted
instituted with
with
the criminal
the criminal case,
case, such
such admission
admission will will be
be When/where made
When/where made
admissible
admissible against
against any
any other
other party.
party.
3. Thereare
3. There areaverments
averments made made in in pleadings
pleadings
General Rule:
General Rule: General Rule:
General Rule:
which are
which are not
not deemed
deemed admissions
admissions even even ifif In the
In the course
course of
of the
the Outside of
Outside of court
court
the adverse party
the adverse fails to
party fails to make
make aa speci
specificc proceedings in
proceedings in the
the
denial of
denial of thethe same,
same, like like immaterial
immaterial same case
same case Exception:
allegations [Sec. 11,
allegations [Sec. 11, Rule
Rule 81,8], conclusions,
conclusions, Superseded pleading
Superseded pleading
as well
as well asas thethe amount
amount ofofliquidated
liquidated Exception
Exception [Sec. 8,
[Sec. 8, Rule
Rule 101.
10].
damages [Sec.
damages [Sec. 11,
11, Rule
Rule 8; Riano Riano 89, Depositions may
Depositions may bebe aa
source of
source of judicial
judicial
2016 Ed.].
2016 Ed.].
admissions, although
admissions, although
done out
done out ofof court
court
Admission
Adoptive Admission
The theory
The theory of
of adoptive
adoptive admission
admission hashas been
been Need for
Need foroffer
offer
adopted by
adopted by the court in
the court in this
this jurisdiction.
jurisdiction. An
An
adoptive admission
adoptive admissionisis aa party’s
party's reaction
reaction toto a Need not
notbebeoffered in inMust
Mustbebe offered
offered in
statement or
statement
reasonable
or action
action by
reasonabletoto treat
by another
treat the
another person
person when
party’s reaction
the party's
when itit is
reaction as anan
is
Need
evidence since
evidence
already form
already
offered
they evidence
since they
form part
part of
evidence to
considered by
of considered
to
in
be
be
the
by the
admission of
admission of something
something stated
stated or
or implied
implied by
by the
the the record
the record court
court
other person.
other person. TheThe basis
basis for admissibility
admissibility of of Admissibility
Admissibility
admissions made vicariously is that arising
admissions made vicariously is that arising from from
the rati
the ratification
cation or adoption
adoption byby the
the party
party of the
of the
statements which Evidence against
Evidence against the May be
the May be admitted
admitted as
as
statements which the other person
the other person had
had made.
made.

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one who made


one made itit and
and evidence
evidence against
against the
the of guilt by
of by the
the
is binding
is binding upon
upon him
him one who
one who made
madeit,
it, but
but accused
accused
not binding
not binding
Manner
Manner
Contradiction by
Contradiction by party
party who
who made
made
Express or
Express or implied
implied Always express
Always express
General Rule
Rule May be
May be contradicted
contradicted
May
May not
not be by
be by the
the party
party who
who
Admissibility
Admissibility
contradicted
contradicted made the
made the admission
admission

Exception
Exception Evidence against
Evidence againstthe
the May
May be
be given
given in
in
On grounds
On grounds of:
of: one who
one who made
made itit and
and evidence against
evidence against the
the
1. Palpable
1. Palpable is binding
is binding upon
upon him
him accused
accused
mistake
mistake
2. Admission
2. Admission
was not
was not
made
made
J. PRESUMPTIONS
J. PRESUMPTIONS [Rule
[Rule 131]
131]
iii.
iii. As Distinguished
Distinguished from
from
Confessions
Confessions Presumptions
Presumptions
Presumptions are are inferences
inferences asas to the existence
to the existence
of aa fact
of fact not
not actually
actuallyknown,
known, arising
arising from
from its
itsusual
usual
Rule 130, Sec.
Sec. 34.
34. Confession.
Confession.—- The
The connection with
connection another which
with another which is is known,
known, or or a
declaration of an accused acknowledging conjecture based
conjecture based on on past
past experience
experienceas astoto what
what
declaration of an
his or her guilt accused
of the acknowledging
the offense
offense charged,
charged, or
or course
course human
human affairs
affairs ordinarily take.
ordinarily take.
of any
of any offense
offense necessarily
necessarilyincluded
includedtherein,
therein,
may be given
may given in evidence against
in evidence againsthim
himoror
Presumptions are
Presumptions are not
not allegations,
allegations, nor
nor do
do they
her. (33a)
her. (33a)
supply their
supply their absence.
absence. Presumptions
Presumptions are
are
conclusions.
conclusions. They
They dodo not
not apply
apply when
when there are no
there are no
Judicial Admission
Judicial Admission Confession
Confession facts or
facts or allegations
allegations toto support them [University
support them [Universityof
of
Mindanao, Inc.
Mindanao, v. Bangko
Inc. v. Bangko Sentral
Sentral ng
ng Pilipinas,
Pilipinas,
Nature
Nature G.R.
G.R. No.
No.194964-
194964-6565 (2016)].
(2016)].

A statement
A statement of fact, Acknowledgement
of fact, Acknowledgement of
of Presumption of Presumption of
but not directly the accused's
the accused’s guilt
guilt of
of Fact
Fact Law
involving
involving an
directy an the offense
the offense charged,
charged,
acknowledgment of
acknowledgment of A
A presumption of fact
presumption of factA Apresumption
presumption of
of law
law
guilt or of the criminal
or
or of
of any
anyoffense
offense
guilt or criminal
necessarily included
necessarily included
is
is the
thereasonable
reasonable exists when
exists when there
there is
is aa
intent to
intent to commit
commit the
the deduction from
deduction the law or rule directing
from the
offense
offense therein
therein factsproved
eds proved without
without tae
thedededuction made
duti di entide
an express
an express direction
directionofof by
bythe
thecourts
courts from the
law to
law to that
thateffect.
effect.The particular facts
Theparticular facts
Scope
Scope function
function of a
of a presented
presented to
to them
them by
by
presumption isis to
presumption to the
theparties [Martin v.
parties [Martin
Includes confessions
Includes confessions Is aa speci
Is specificc type
typeofof dispense with the
dispense with CourtofofAppeals,
the Court Appeals, G.R.
G.R.
confession referring
confession referring need for
need for proof Jereza No.
proof [[Jereza No. 82248
82248 (1992)].
(1992)].
to acknowledgement
to acknowledgement v. Mondia,
v. Mondia, G.R.
G.R. No.
No. L-
L-

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REMEDIAL LAW
LAW

Once aa contract
Once contract of lease is
of lease shown to
is shown exist
to exist
42916 (1985)].
42916 (1985)].
between
between the
the parties,
parties, the lessee cannot
the lessee cannot by any
by any
proof, however
proof, however strong,
strong, overturn
overturn the
the conclusive
conclusive
Conclusive Disputable
Disputable presumption that
presumption that the lessor has
the lessor has aavalid
validtitle
title to
to or
or
Presumptions Presumptions
Presumptions better right
a better right ofofpossession
possession to the
the subject
subject
premises than
premises than the lessee [Santos
the lessee [Santos v. National
v. National
Inferences
Inferences which
law
law makes
makes
the Satisfactory
which the Satisfactory
so uncontradicted,
if
uncontradicted, but
but
if Statistics
StatisticsOffice,
Office,G.R. No.No.171129
G.R. 171129 (2011)].
(2011)].

peremptory that
peremptory thatitit will may be
will may be contradicted
contradicted
tenant is
What a tenant is estopped
estopped from denying is
from denying is the
the
not allow
not allow them
them to beand
to be and overcome
overcome by by
overturned by
overturned any other
by any other evidence
evidence [Sec.
[Sec. title
title of
of his
his landlord at the
landlord at the time
time of
of the
the
contrary
contrary proof 3,3,Rule
proof Rule 131]
131] commencement of
commencement of the
the landlord-tenant
landlord-tenantrelation.
relation.IfIf
however
however strong
strong title asserted
the title asserted is one that is is alleged
alleged to have
have
[Datalift Movers
[Datalift Movers v.
v. been acquired
been acquired subsequent
subsequent to to the
the commencement
commencement
Belgravia Realty,
Belgravia Realty, G.R.
G.R. of that
of that relation,
relation, the
the presumption
presumption willwill not apply.
not apply.
No.
No. 144268
144268 (2006)]
(2006)] Hence, the
Hence, the tenant
tenant may showshow that landlord's
that the landlord's
title has expired
title has expired oror been
been conveyed
conveyed to to another
another or or
a. Conclusive
Conclusive Presumptions himself; and he is not estoppedestopped toto deny a claim
for rent, ifif he
for rent, he has
has been
been ousted
ousted or evicted by
or evicted by title
title
[Ermitaño vv Paglas,
paramount [Ermitaño
paramount Paglas, G.R.
G.R. No.
No. 174436
174436
Sec. 2. Conclusive
Sec. Conclusive Presumptions.
Presumptions. -— (2013)].
(2013)].
The following
The following are
are instances
instances of of conclusive
conclusive
presumptions:
presumptions:
iii. Other
iii. OtherSources
Sourcesof
of Conclusive
Conclusive
(a)Whenever
(a) Whenever a party party has,
has, by by his
his or her
or her
declaration, act, act, or omission,
omission, Presumptions
Presumptions
own declaration,
intentionally
intentionally and deliberately led
and deliberately led another
another 1. The decree
1. The decree ofof registration
registration and the
and the
to believe
to believe a a particular
particular thing
thing true, and to
true, and to act
act certificate
certi cate of title issued
of title issued shall
shall become
become
upon
upon suchsuch belief,
belief, he
he or she cannot,
or she cannot, in any
in any incontrovertible, upon
incontrovertible, upon the the expiration
expiration of of
litigation arising out of
litigation arising of such
such declaration,
declaration, the one-year period
the one-year period within
within which
which anyany
act
act or omission, be
or omission, be permitted
permitted to falsify it;
to falsify it; person
person deprived
deprived of of land
land or of any
or of any estate
estate
and
and or interest
or interest therein
therein by by such
such adjudication
adjudication
(b)
¡ (b)The
Thetenant
tenantisisnot
notpermitted
permitted to to deny
deny the
the or
or confirmation
con rmation of of title
title obtained
obtained by by actual
actual
title of
title of his
his or
or her
her landlord
landlord at at the
the time
time of
of the
the fraud, to
fraud, to file
le inin the
the proper
proper court
court aa petition
petition
commencement of the relation of landlord forreopening
for reopening and and review
review of of the
the decree
decree ofof
commencement of the relation of landlord|
and tenant
and tenant between
between them.
them. (2a)
(2a) registration [Sec.
registration [Sec. 32,
32, P.D.
P.D. 1529]
1529]
2. The
2. Thechild
childshall
shallbe beconsidered
considered legitimate
legitimate
although the
although the mother
mother may may have
have declared
declared
i.i. Estoppel
Estoppel against its
against its legitimacy
legitimacy or or may
may have
have been
been
Byhis
1. By hisor
orher
herown
own declaration,
declaration, act
act or
or
sentenced as
sentenced as anan adulteress
adulteress [Art. 167,
[Art. 167,
omission;
omission; FC]. Factum
FC]. Factum probansprobans thatthat the
the child
child was
was
2. He
2. Heororshe
sheintentionally
intentionally and
and deliberately
deliberately
conceived or
conceived or born
born during
during thethe marriage
marriage of of
led another to believe a particular thing
led another to believe a particular thing
its parents
its parents conclusively
conclusively establishes
establishes the
is true;
is true;
factum probandum
factum probandum of the legitimate
of the legitimate
3. To act upon such belief; and
statusof
status of that
that child,
child, Art.
Art.167167 is
issaying
sayingthat
that
4.4. Totion
A litigation
sucharises outsuch
beller of such declaration
declaration
any factum
any factum probans probans presented
presented and and
omission
act or omission
offered to
offered prove the
to prove the truth
truth ofof the
the latter
latter
ii. Landlord-Tenant
Landlord-Tenant
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declaration (of
declaration (of the mother) will
the mother) be
will be
(n) That
(n) That aa court,
court, or
or judge
judge acting
acting as
as
inadmissible in
inadmissible in evidence.
evidence.
such, whether
such, whether in the Philippines
in the Philippines oror
elsewhere, was
elsewhere, was acting
acting inin the lawful
lawful
b. Disputable Presumptions
b. Disputable Presumptions exercise
exercise of of jurisdiction;
jurisdiction;
(o) That all
(o) That all the
the matters
matters within
within an an issue
issue
raised
raised in in a case
case were
were laid laid before
before the
Sec. 3.
Sec. Disputable Presumptions.
3. Disputable Presumptions.—-
court and passed
court and passed upon upon by by it;
it; and
and in like
in like
The following
The following presumptions
presumptions are
are manner that
manner all matters
that all matters within
within an an issue
issue
satisfactory ifif uncontradicted,
satisfactory uncontradicted, but but may
may be be
raised
raised in in aa dispute
dispute submitted
submitted for for
contradicted and
contradicted and overcome
overcomeby other
by other
arbitration were
arbitration were laid before the
laid before the
evidence:
evidence:
arbitrators and
arbitrators and passed
passed uponupon by by them;
them;
(a) That aa person
(a) That person is is innocent
innocent of of crime
crime oror
(p) That private
(p) That private transactions
transactions have have been
been
wrong;
wrong; fair and regular;
fair and regular;
(b)That
(b) That anan unlawful
unlawful act act was
was done
donewith with
(q)That
(q) Thatthetheordinary
ordinarycourse
course of of business
business
an unlawful
an unlawful intent;
intent;
has
has been followed;
(c) That
(c) That aaperson
person intends
intends the the ordinary
ordinary
consequences
consequencesofofhis his or her voluntary
or her voluntary (r) That
(r) That therethere was was aasufsufficientcient
consideration for
consideration for aa contract;
contract;
act;
act;
(s) That
That aa negotiable
negotiable instrument
instrument was was
(d) That aa person
(d) That person takes
takes ordinary
ordinary carecare ofof
given
given or indorsed for
or indorsed for aa suf sufficient
cient
his or
his or her
her concerns;
concerns;
consideration;
(e) That evidence
(e) That evidence willfully
willfully suppressed
suppressed consideration;
(t)That
(t) Thatan an indorsement
indorsement of of aa negotiable
negotiable
would
would be be adverse
adverse ifif produced;
produced;
instrument
instrument was was made made before before the the
(f) That
(f) That money
money paid paid by by one
one toto another
another
instrument was
instrument overdue and
was overdue and at the
at the
was due
was due toto the
the latter;
latter;
place
place where
where the the instrument
instrument is is dated;
dated;
(g) That aa thing
(g) That thing delivered
delivered by one to
by one
(u) That a
(u) That a writing
writing is is truly
truly dated;
dated;
another
another belonged
belonged to to the
the latter;
latter;
(v) That aa letter
(v) That letter duly
duly directed
directed and and
(h) That an
(h) That an obligation
obligation delivered
delivered up to
up to
mailed
mailed was received in
was received the regular
in the regular
the debtor has
the debtor has been
been paid;
paid;
course of the mail;
course
(i) That prior
(i) That prior rents
rents or or installments
installments had had
(w) That after
(w) That after an anabsence
absence of of seven
seven
been paid when a receipt
been paid when a receipt for the later for the later
years,
years, itit being
being unknown
unknown whether whether or or not
not
one
one is produced;
is produced;
the absentee
the absentee still still lives,
lives, he he or she is
or she
(j) That aa person
(i) That person found
found in in possession
possession of of
considered
considered dead dead for for all
all purposes,
purposes, except
except
aa thing taken
taken in the doing doing of aa recentrecent
for those
for those of of succession.
succession.
wrongful
wrongful act act isis the
the taker
taker and
and thethe doer
doer ofof
the whole
the whole act;act; otherwise,
otherwise, that things things
The absentee
The absentee shall
shall not bebe considered
considered
which aa person
which person possesses,
possesses, or or exercises
exercises
dead for
dead for the
the purpose
purpose of opening his
of opening his or
or
acts of ownership
acts ownership over, are owned owned by
her succession
her succession until
until after an absence
after an absence of
of
him or
him or her;her;
ten years. If
ten years. he or
If he or she
she disappeared
disappeared after
after
(k) That aa person
(k) That person in in possession
possession of an
of an
the age
the age ofofseventy-
seventy-five years, an
ve years, an
order on
order on himself
himself or herself for
or herself for thethe
absence of
absence of five years shall
ve years shall be
be sufficient
suf cient
payment of
payment the money,
of the money, or or the
the delivery
delivery
in order that
in order that his
his or
or her
hersuccession
succession may
may
of anything,
of anything, has has paid
paid the money money or
be opened.
be opened.
delivered
delivered the thing accordingly;
the thing accordingly;
(l) That
(I) That aa person
person acting
acting in in a
a public
public office
of ce
The following
The following shall
shall be
be considered
considered dead
dead
was
was regularly
regularly appointed
appointed or or elected
elected to to it;
it;
for all purposes
for all purposes including
including the
the division
division of
of
(m) That of
(m) That official duty has
cial duty has been
been regularly
regularly
performed; the estate
the estate among
among the
the heirs:
heirs:

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EVIDENCE
EVIDENCE REMEDIAL LAW
REMEDIAL

woman deporting
woman deporting themselves
themselves as
as
(1) A person
(1) A person on on board
board aa vessel
vessel lost
lost husband
husband and and wife have entered
wife have entered into aa
during a sea sea voyage,
voyage, or or an aircraft lawful contract of
lawful contract of marriage;
marriage;
which is
which is missing,
missing, who who has
has not been
not been (bb) That property
(bb) That property acquired
acquired by by aa man
man
heard
heard of of for four years
for four years since
since the
the loss
loss and woman who
and a woman who are are capacitated
capacitated to
the vessel
of the vessel or or aircraft;
aircraft; marry each
marry each other other and and who who live live
(2) AA member
member of of the
the armed
armed forces
forces exclusively
exclusively with each other
with each other as as husband
husband
who
who has has taken
taken part part inin armed
armed and
and wife,
wife, without
without the the bene
benefit t of of
hostilities, and
hostilities, and hashas been
been missing
missing forfor marriage or
marriage under a
or under a void
void marriage,
marriage, hashas
four years;
four years; been
been obtained
obtained by by their joint efforts,
their joint efforts,
(3)
(3) AA person
person who who has has been
been in in work or industry;
danger of
danger death under
of death under otherother (cc) That
(cc) That inin cases
cases ofof cohabitation
cohabitation by a
circumstances and
circumstances whose existence
and whose existence man and
man and a a woman
woman who who are are notnot
has not been known known for four years; capacitated
capacitated to marry each
to marry each other
other and
and
and who have
who have acquired
acquired property
property through
through
(4) IfIf aamarried
married person
person hashas been
been their actual
their actual joint
joint contribution
contribution of of money,
money,
absent
absent for four four consecutive
consecutive years,
years, property or
property or industry,
industry, suchsuch contributions
contributions
the spouse
the spouse present
present maymay contract
contract aa and their
and their corresponding
corresponding shares, shares,
subsequent
subsequentmarriage marriageifif he he or she she including joint deposits
including deposits of money money and and
has a well-founded
has well-founded beliefbelief that
that the evidences of
evidences of credit, are equal;
credit, are equal;
absent
absent spouse
spouse is already dead.
is already dead. In (dd) That ifif the
(dd) That the marriage
marriage is is terminated
terminated
case
case of disappearance, where
of disappearance, where there
there and the
and the mother
mother contracted
contracted anotheranother
is aa danger
is danger of of death,
death, the the marriage
marriage within
within threethree hundred
hundred days days
circumstances
circumstances hereinabove after such
after such termination
termination of the former
of the former
provided, an
provided, absence of
an absence of only
only two marriage, these
marriage, these rules
rules shall
shall govern
govern in in the
the
years shall
years shall bebe suf lent or
sufficient
cient for the
for the
the absence
absence of of proof
proof to to the contrary:
the contrary:
purpose of
purpose of contracting
contracting aa subsequent
subsequent (1) A child
(1) A child born
born before
before one one hundred
hundred
marriage. However,
marriage. However, in any case
in any case, eighty (180)
eighty (180) days days after after the the
before marrying
before marrying again,
again, the
the spouse
spouse solemnization
solemnization of of the the subsequent
subsequent
present
present must must institute
institute summary
summary marriage
marriage is is considered
considered to have been
to have been
proceedings
proceedingsasas provided provided inin the the conceived
conceived during during such such marriage,
marriage,
Family Code
Family Codeand and inin the rules for
the rules even
even though
though itit be born born within
within thethe
declaration
declaration of of presumptive
presumptive deathdeath of of three
three hundred
hundred days days afterafter the the
the absentee,
the absentee, without prejudice prejudice to termination of
termination of the
the former
former marriage;
marriage;
effect of
the effect of reappearance
reappearance of of the and
and
absent spouse.
absent spouse. (2) AA child
child born
born after
after one
one hundred
hundred
(x) That acquiescence
(x) That acquiescence resulted
resulted from
from aa eighty (180)
eighty (180) days days following
following the the
belief
belief that
that thethe thing
thing acquiesced
acquiesced in in was
was celebration
celebration ofof the the subsequent
subsequent
conformable to
conformable to the law or fact; marriage
marriage is is considered
considered to to have
have been
been
(y)
(y) That That thingsthings have havehappened
happened conceived during
conceived during such such marriage,
marriage,
according
accordingto the ordinary
to the ordinary course
course of even though
even though itit be born born within
within thethe
nature and
nature and ordinary
ordinary nature
nature habits
habits of of three hundred
three hundred days days afterafter the the
life;
life; termination of
termination of the
the former
former marriage.
marriage.
(z) That persons
(2) That persons acting
acting as as copartners
copartners That aa thing
That thing onceonce proved
proved to existexist
have entered
have entered into into aa contract
contract of co-
of co- continues as
continues as long
long as as is usual
usual with
partnership;
partnership;(aa) (aa) ThatThat aa manman and and things of that nature;
things nature;

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(ff) That the


(ff) That the law
law hashas beenbeen obeyed;
obeyed; two
two oror more
more persons
persons who
who are
are called
called to
to
(gg) That a printed or
(gg) That a printed or published book, published book, succeed each
succeed each other,
other, as
as to
to which
which ofof them
them
purporting to
purporting to be
be printed
printed or or published
published by by died first,
died whoever alleges
rst, whoever alleges the
the death
death ofof
public authority,
public authority, was was so printed or
so printed or one prior to the
one the other,
other, shall
shall prove
prove the
published;
published; same; in the absence of proof, they
(hh) That
(hh) That aa printed
printed or orpublished
published book,book, shall be
same;
shall beinconsidered
the absence
considered to
to have
have died
died at
of proof, the
atthey
the
purporting
purporting to contain reports
to contain reports of of cases
cases same
same time.
time. (3a)
(3a)
adjudged in
adjudged tribunals of
in tribunals the country
of the country
where the book
where book is is published,
published, contains
contains
correct reports of
correct reports of such
such cases;
cases; Willful Suppression
Willful Suppression
(ii) That aatrustee
ii) That trustee ororother otherperson
person The adverse
The adverse presumption
presumption of suppression of
of suppression of
whose
whose duty duty itit was was to to convey
convey real real evidence is
evidence is not
not applicable
applicable when:
when:
property
property to to aa particular
particular person person has has 1. The
1. Thesuppression
suppression isis not willful;
actually
actually conveyed
conveyed itit to to him
him or or her
her when
when 2. The
2. Theevidence
evidencesuppressed
suppressed or or withheld
withheld is is
such presumption is
such presumption necessary to
is necessary merely
merely corroborative
corroborative or or cumulative;
cumulative;
perfect
perfect the title of
the title of such
such person
person or his or
or his or 3. Theevidence
3. The evidenceisis at
at the
thedisposal
disposal of
of both
both
her successor
her successor in in interest;
interest; parties; and
parties;
(ij)
(jj) That
That except except for forpurposes
purposes of of 4. The
4. Thesuppression
suppressionisisananexercise
exercise of
of aa
succession, when
succession, when two persons perish
two persons perish inin privilege [Tarapen
privilege [Tarapen v. v.People,
People, G.R.
G.R. No.
No.
the same
the same calamity,
calamity, such such as as wreck,
wreck, 173824 (2008)]
173824 (2008)]
battle, or
battle, or con
conflagration,
agration, and and itit is not
is not
shown who
shown who dieddied first, and there
rst, and there are
are nono Presumption of Regularity
particular circumstances from
particular circumstances which it!
from which it The presumption
The presumption of of regularity in the
regularity in the performance
performance
can be
can be inferred,
inferred, the the survivorship
survivorship is is official
of of duty obtains
cial duty obtains only
only when
when there
there is nono
determined from
determined from the the probabilities
probabilities deviation from the regular
regular performance
performance of duty.
deviation from the of duty.
resulting
resulting from from the the strength
strength and and the
the age
age
Where the
Where the ofofficial act in
cial act in question
question is is irregular
irregular on
on
of the
of the sexes,
sexes, according
according to the following
to the following
its face, no
its face, no presumption
presumption of of regularity
regularity cancan arise
arise
rules:
rules:
[People v.
[People v. Casabuena,
Casabuena, G.R. G.R. No.
No.186455
186455(2014)]
(2014)]
1.
1. IfIf both
both were were under under the age age of
fifteen years, the
fteen years, the older
older is is deemed
deemed to to
have survived; When there
When there is
is gross
gross disregard
disregard of the procedural
of the procedural
2.
2. IfIf both
both were were above above the the age
age of!
of safeguards set
safeguards set forth Republic Act No.
forth in Republic No. 9165
9165
sixty, the
sixty, the younger
younger is is deemed
deemed to to have
have ! (Comprehensive Dangerous Drugs Act
(Comprehensive Dangerous Drugs Act of 2002), of 2002),
survived;
survived; serious uncertainty
serious uncertainty is is generated
generated asas to
to the
the identity
identity
3. IfIf one
one isis under
under fifteen fteen and and thethe of the
of theseized
seized items
items thatthatthe
theprosecution
prosecution
other above
other above sixty, sixty, the former is
the former is! presented in evidence.
presented evidence. Such
Such doubt cannot be
doubt cannot
deemed
deemed to have survived; remedied by
remedied by merely
merely invoking
invoking the
the presumption
presumption of of
4. IfIf both
both be be over
over fifteenfteen and and under
under regularity in
regularity in the
the performance
performance of of official duties
cial duties
sixty, and
sixty, and the the sexsex be be different,
different, the [People v.
[People v. Lagahit,
Lagahit, G.R.
G.R. No.
No. 200877
200877(2014)]
(2014)]
deemed to have survived,
male is deemed survived, if
the sex
the sex bebe thethe same,
same, the the older;
older; and
and Absentee
Absentee
5. IfIf one
one be be under
under fifteen fteen or or over
over
General Rule
General Rule
sixty, and the other
sixty, and the other between those between those
An absentee
An absentee ofof seven
seven years
years is
is considered
considered dead
dead
ages, the latter
ages, latter is is deemed
deemed to to have
have
for all
for all purposes
purposes if it is
is unknown
unknown whether
whether or
or not
not
survived.
survived.
theabsentee
the absentee still lives.
(kk) That
(kk) That ifif there
there is is aa doubt,
doubt, as as between
between

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EVIDENCE REMEDIAL LAW
REMEDIAL

Exception
For the
For the purpose
purpose of
ofopening
opening succession,
succession, the Survivorship
absentee shall be considered
absentee considered dead
dead only
only after
after an
absence of
absence of ten years.
ten years.
Situation
Situation Person Presumed
Presumed
to Have
to Have Survived
Survived
Exception to the Exception
IfIf the
theabsentee
absentee disappeared
disappeared after
after the
the age
age of
of Both < 15
Both 15 y/o
y/o The older
The older
seventy-five
seventy- years, an
ve years, an absence
absence of
of five
ve years
years shall
shall
be suf
be sufficient for the
cient for the purpose
purpose of
of succession.
succession.
Both > 60
Both 60 y/o
y/o The younger
The younger

One <
One 15 y/o,
< 15 y/o, the
the The
The one
one < 15
Absentee Involved
Absentee Involved When Considered
When other > 60
other 60 y/o
y/o
Dead forAll
Dead for All
Purposes
Purposes including Both > 15
Both 15 and
and < 60 The
The male
male
Division of Estate
Division of Estate y/o, of
y/o, of different
different sexes
sexes
A
A person
person on board a Not
on board Not heard
heard of for
for four
four Both > 15 and
and < 60 The
The older
older
vessel
vessel lost
lost during
during aa years
yearssince
since the loss
lossofof Both > 15 < 60
y/o, of
y/o, of the
the same
same sex
sex
sea voyage,
sea voyage, or an the
or an the vessel
vessel or
or aircraft
aircraft
aircraft
aircraft which
which is
is One <
One < 15
15 or
or >> 60 y/o, The
60 y/o, The oneone between
between
missing
missing and
and the
the other
other those
those ages
ages
between those
between those ages
ages
A
A member of the
member of the Missing for
Missing for four
four years
years
armed forces
armed forces who
who has
has
taken part
taken part in
in armed
armed Presumptions Whenaa Marriage
Presumptions When is
Marriage is
hostilities
hostilities Terminated and
Terminated and the
the Mother
Mother Contracted
A person
A person who has Existence
who has has not
Existence has not Another Marriage
Marriage
been in
been in danger
danger of
of been
been known
known for four
for four
death
death under
under other
other years
years
circumstances
circumstances When Child Was
When Was Presumption
Presumption
Born
Born

IfIf aamarried
married person
person has
has been
been absent
absent for four
for four Before 180
Before 180 days
days after Conceived during
afterConceived during the
the
consecutive years,
consecutive years, the spouse present
the spouse present may
may the solemnization
the of former
solemnization of former marriage,
marriage,
contract aa subsequent
contract subsequent marriage
marriage if he or she has has
the
the subsequent provided
subsequent provided itit be
be born
born
marriage
marriage within 300
within 300 days
days after
after
well-founded belief
a well-founded belief that thethe absent
absent spouse
spouse is the termination
the termination of the
already dead.
already dead. InIn case
case ofof disappearance,
disappearance, where
where former marriage
former marriage [Sec.
there is
there is aa danger
danger ofofdeath,
death,thethecircumstances
circumstances 3(dd), Rule
3(dd), Rule 131]
131]
hereinabove provided,
hereinabove provided, an an absence
absenceof of only
only two
two
years shall
years shall be
be sufsufficient
cient for the purpose
for the purpose of of
contracting aa subsequent
contracting subsequent marriage. However, in
After
After 180
180 days Conceived
days Conceived during
during
following
following the
the subsequent marriage,
subsequent marriage,
any case,
any case, before
before marrying
marrying again,
again, thethe spouse
spouse celebration
celebration ofof the
the even
even if born
born within
within
present must
present must institute
institute summary
summary proceedings
proceedings as as subsequent marriage
subsequent marriage 300300 days
days after
after the
the
provided in the
provided the Family
Family Code
Code andand inin the
the rules
rules for
for termination
termination [Sec.
[Sec.
declaration ofof presumptive
declaration presumptive death deathofof the the 3(dd), Rule
3(dd), Rule 131]
131]
absentee, without
absentee, without prejudice
prejudicetoto the the effect
effect ofof
reappearance of
reappearance of the
the absent
absent spouse
spouse[Sec.
[Sec.3(w)(4),
3(w)(4),
After
After 300
300 days No
days No presumption
presumption of
of
following
following the
the legitimacy
legitimacy or
or
Rule 131].
Rule 131].

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dissolution
dissolution ofof the
the illegitimacy. Whoever
illegitimacy. Whoever element of
element of the
the offense
offense charged,
charged, oror negates
negates
marriage
marriage or
or thethe alleges
allegesthe thelegitimacy
legitimacy a defense, the
a defense, existence of
the existence of the basic fact
the basic fact
separation of
separation of the
the ororillegitimacy
illegitimacy of
of such
such must be proved
must be proved beyond
beyond reasonable
reasonable doubt
doubt
spouses
spouses child must
child must prove
prove his
his or
or and the
and the presumed
presumed fact
fact follows
follows from
from the
the
her allegation
her allegation [Sec.
[Sec.4,4,
basic fact
basic fact beyond
beyond reasonable
reasonabledoubt.
doubt.(n)
(n)
Rule 131].
Rule 131].

c. No
c. NoPresumption
Presumption of Legitimacy
Legitimacy or
or II. KINDS
II. KINDS OF
OFEVIDENCE
EVIDENCE
Illegitimacy
Illegitimacy

A. OBJECT
A. OBJECT AS
AS EVIDENCE
EVIDENCE (Rule
(Rule 130,
130,
Sec. 4. No
Sec. No Presumption
Presumption of
of Legitimacy
Legitimacy
or Illegitimacy. — There is no A)
A)
presumption
presumptionoforlegitimacy
leg imagyororillegitimacy
let macy ofof
aa child
child born
born after
after three
three hundred
hundred daysdays Sec. 1.
Sec. 1. Object
Objectas asEvidence.
Evidence.— —Objects
Objects
following the dissolution
following the dissolution of
of the marriage or
the marriage or as evidence are those addressed to
as evidence are those addressed to the
the separation of
the separation of the
the spouses.
spouses. Whoever
Whoever senses of
senses the court.
of the court. When
When an an object
object is
alleges the
alleges legitimacy or
the legitimacy illegitimacy of
or illegitimacy of relevant to
relevant the fact
to the fact in
in issue,
issue, it may
may bebe
such
such child
child must
must prove
prove his
his or
or her
her allegation.
allegation. exhibited to, examined or viewed
exhibited to, examined or viewed by theby the
: (4a)
(4a) court.
court.

d. Presumptions
Presumptions in
in Civil
Civil Actions
Actions and
and a. Nature
a. Natureand
and Concept
Concept
Proceedings
Object
Object evidence
evidence are those addressed
are those addressed to the
to the
Sec.
Sec. 5.5. Presumptions
Presumptions in in Civil Actions senses of
senses of the court. [Sec.
the court. [Sec. 1, Rule 130]
1, Rule 130]
Proceedings. —
and Proceedings. - InInallallcivil
civilactions
actions
and proceedings not
and proceedings otherwise provided
not otherwise provided A person's
A person’s appearance,
appearance, where
where relevant,
relevant, is
for
for by
by thethe lawlaw ororthese
these Rules,
Rules, a a admissible as
admissible as object
object evidence,
evidence, thethe same
same being
being
presumption imposes
presumption imposes on on the
the party against
party against addressed to
addressed to the senses of
the senses of the court [People
the court [People v.
v.
whom
whom it is is directed
directed the burden
burden of of going
going Rullepa yy Guinto,
Rullepa Guinto, G.R.
G.R. No.
No. 131516
131516 (2003)].
(2003)].
forward with
forward with evidence
evidence to to rebut
rebut oror meet
meetthe
the
presumption. If presumptions
presumption. If presumptions are are The right
The right against
against self-incrimination
self-incrimination cannot
cannot be
be
inconsistent, the
inconsistent, presumption that
the presumption that isis ! invoked against
invoked against object evidence [People
object evidence [People v.
v.
founded upon
founded upon weightier
weightier considerations
considerations of of Malimit, G.R.
Malimit, G.R. No.
No. 109775
109775(1996)].
(1996)].
policy shall apply. If considerations
policy shall apply. If considerations of of
policy are
policy are of of equal
equal weight,
weight, neither
neither Requisites for Admissibility
b. Requisites Admissibility (RAF)
(RAF)
presumption
presumption applies.
applies. (n)
(n)
Object evidence
Object evidence must
mustbe:
be:
Presumptionagainst
e. Presumption against an
an Accused
Accused in
in 1. Relevant;
1. Relevant;
Criminal Cases
Criminal Cases 2. Authenticated
2. Authenticatedbybyaacompetent
competent witness;
witness;
and
and
3. Formally
3. Formally offered.
offered.
Sec.
Sec. 6. Presumption against an
Presumption against an
Accused inin Criminal
Accused CriminalCases.
Cases.— -IfIf aa
presumed fact
presumed fact that establishes guilt,
that establishes guilt, is an
is an i.i. Relevant
Relevant

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is, which
that is, which are
are derived
derived from
from his
his or
or her own
General Rule
General Rule perception. [Sec.
perception. [Sec. 22,
22, Rule
Rule 130]
130]
When an
When an object
object is
is relevant
relevantto
to the
the fact
fact in
in issue,
issue,itit
may be exhibited to, examined or viewed by
may be exhibited to, examined or viewed by the
the iii.
iii. Formally
FormallyOffered
Offered
court [Sec.
court [Sec. 1,
1, Rule
Rule130]130]

Exceptions
Exceptions General Rule
Rule
The Court
The Court may
may refuse
refuse exhibition
exhibition of object
of object The court
The court shall
shall consider
consider nono evidence
evidencewhich
whichhashas
evidence and
evidence and rely on testimonial
rely on testimonial evidence
evidence alone
alone not been
not been formally
formally offered.
offered.TheThepurpose
purposeforfor
ifif —
— which the
which the evidence
evidence isis offered
offered must
must be
be specified.
speci ed.
Exhibition is
1. Exhibition is contrary
contrary to public
public policy,
policy, [Sec. 34,
[Sec. 34, Rule
Rule 132]
132]
morals or
morals or decency;
decency;
2. It It
2. wouldresult
would resultinindelays,
delays,inconvenience,
inconvenience, The offer
The offer of
of documentary
documentary and
and object
object evidence
evidence
unnecessary expenses,
unnecessary expenses,outout of
of proportion
proportion shall be
shall be made
made after
after the presentation of
the presentation of aa party's
party's
the evidentiary
to the evidentiary value
value of such object;
of such object; testimonial evidence.
testimonial evidence. [Sec.
[Sec. 35,
35, Rule
Rule 132]
132]
[People v. Tavera, G.R.
[People Tavera, G.R. No. L-23172 No. L-23172
(1925)]
(1925)] Exceptions
3. Evidence
Evidence would would be be confusing
confusing or or 1.
1. InIna asummary
summaryproceeding,
proceeding,because
because itit is
is aa
misleading.
misleading. proceeding where
proceeding where there
there isis no full-blown
no full-blown
4.
4. TheThetestimonial
testimonialorordocumentary
documentary evidence
evidence trial;
already presented
already presented clearly
clearly portrays
portrays the
the
trial;
2. InInthe
2. thecase
caseof of documents judicially
documents judicially
object in question
object question as as to render aa view
to render view admitted or
admitted or taken
taken judicial
judicial notice
notice of;
of;
thereof unnecessary
thereof unnecessary 3. InIn
3. the thecase
caseofofdocuments,
documents, af affidavits
davits and
depositions used
depositions used inin rendering
rendering a a summary
summary
ii. Authenticated by a Competent
Competent judgment; and
judgment; and
Witness
Witness 4. InInthe
4. thecase
caseofoflostlostobjects
objectspreviously
previously
marked, identi
marked, identified,
ed, described
describedinin the the
Object evidence
Object evidence needs
needs to
to be
be authenticated
authenticated before
before record, and
record, and testi
testified
ed toto by
by witnesses
witnesses whowho
admission
admission in
in evidence.
evidence. [Republic
[Republic v.
v. had been
had been subjects
subjects of of cross-examination
cross-examination
Sandiganbayan, G.R.
Sandiganbayan, G.R.No,
No, G.R. No. 188881
G.R. No. 188881 in respect
in respect toto said objects [Tabuena
said objects [Tabuena v. v. CA,
CA,
(2014)]
(2014)] G.R. No.
G.R. No. 85423
85423(1991);
(1991); People
Peoplev.v. Napat-
Napat-
a, G.R.
a, G.R. No.
No. 84951
84951(1989)].
(1989)].
To authenticate
To authenticate the
the object
object isis to show that
to show the
that the
object is the very thing that is either the
object the subject
subject NOTE: Requisitesfor
NOTE: Requisites for Admissibility of
Admissibility of
matter of
matter of the
the lawsuit
lawsuit oror the
the very
very one
one involved
involved to
to Evidence not
Evidence not Formally
Formally Offered
Offered
prove an issue
prove an issue inin the
the case.
case. There were
There were instances
instances when
when the Supreme Court
the Supreme Court
allowed the admission
allowed admission of evidence not
of evidence not formally
formally
Competence of of witness offered as
offered as in People v. Napat-a,
in People Napat-a, supra,
supra, citing
citing
The witness
The witness must
must have
have the capacity to
the capacity to identify
identify People v.
People v. Mate
Mate [G.R.
[G.R. No.
No.L-34754
L-34754(1981)],
(1981)],where
where
the object
the object as
as the
the very
very thing
thing involved
involved in the
in the evidence not
evidence not formally
formally offered
offered was
was held
held to
to be
be
litigation.
litigation. allowable provided
allowable provided certain
certain requirements
requirements are
are
present:
present:
AA witness
witness can
can testify only to
testify only those facts
to those facts which
which he
he
or she
or she knows
knows of his
his or
or her
her personal
personal knowledge;
knowledge;

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1. The
1. The evidence
evidence must
must have
have been
been duly
duly d. Chain of
d. Chain of Custody Requirement in
in
identified
identi testimony duly
ed by testimony duly recorded;
recorded; R.A. 9165
9165 Seizures
Seizures
and
and
2.
2. The
The same
same must
must have
have been
been duly
duly Chain of
Chain custody means
of custody means the
the duly
duly recorded
recorded
incorporated in
incorporated in the records of
the records case
of the case authorized movements
authorized movements and
and custody
custody of seized
of seized
[See also
[See Medina v.
also Medina People, G.R.
v. People, G.R. No.
No. drugs or
drugs or controlled
controlled chemicals
chemicals or or plant
plant sources
sourcesofof
182648
182648 (2015);
(2015); Bank
Bank of Commerce v.v.
of Commerce dangerous drugs
dangerous drugs or
or laboratory
laboratory equipment
equipment ofof each
each
Heirs
Heirs of Rodolfo dela
of Rodolfo dela Cruz,
Cruz, G.R.
G.R. No.
No. stage, from
stage, from thethe time
time ofofseizure/con
seizure/confiscation
scation to
to
211519
211519 (2017)]
(2017)] receipt in
receipt in the
the forensic
forensic laboratory
laboratory toto safekeeping
safekeeping
presentation in
to presentation court for
in court for destruction.
destruction. [Sec.
[Sec.
NOTE: Requisites
NOTE: Requisitesfor
forthe
theAdmissibility
Admissibility of
of 1(b), Dangerous
1(b), Dangerous Drugs Drugs Board
Board Resolution
Resolution No.
No. 11
Tape Recording (2002)].
(2002)].
1. A Ashowing
1. showingthat
thatthe
therecording
recording was
was
capable of
capable of taking
taking testimony
testimony General Rule
2. A Ashowing
2. showingthat
thatthe
the operator
operator of the
the ItIt is
is essential
essential that the prohibited
that the prohibited drug
drug con
confiscated
scated
recording
recording device
device isis competent
competent or recovered
or recovered from the suspect
from the suspect is the very
is the very same
same
3.
3. Establishment
Establishmentofofthe theauthenticity
authenticity and
and substance offered
substance offered inin court
court as
as exhibit;
exhibit; and
and that
that the
the
correctness
correctness ofof recording
recording identity of
identity of said
said drug
drug isis established
established with the same
with the same
4. A Ashowing
4. showingthat
thatnonochanges,
changes, deletions,
deletions, unwavering
unwavering exactitude
exactitude as as that
that requisite
requisite to make
to make
or additions
or additions have
have been
been made
made on
on the
the a finding
nding ofof guilt. [People v.
guilt. [People v. Padua,
Padua, G.R.
G.R. No.
No.
recordings
recordings 239781
239781 (2020)].
(2020)].
5. A A showingofofthe
showing themanner
manner of
preservation
preservation ofof the recording
the recording As aa method
As method of
ofauthenticating
authenticating evidence,
evidence, the
6.Identi cation of speakers
6. Identification of speakers chain of
chain of custody
custody rule
rule requires
requires that the admission
that the admission
7. AAshowing
showingthat
thatthe
thetestimony
testimony elicited
elicited of an exhibit
of an exhibit be
be preceded
preceded byby evidence
evidence sufsufficient
cient
was voluntarily made without any
was voluntarily made without any kind kind to support
to support aa finding
nding that the matter
that the matter in
in question
question is
is
of inducement
of [Torralba v.
inducement /Torralba v. People,
People, G.R.
G.R. what proponent claims
what the proponent claimsitit to [Malillin v.
to be. [Malillin v.
No.
No. 153699
153699 (2005)].
(2005)]. People, G.R.
People, G.R. No.
No. 172953
172953(2008)].
(2008)].

c. Exclusionary
c. Exclusionary Rules
Rules Four
Four links
links in
in the chain of
of custody
custody that that
must be established by the
Evidence is
Evidence is admissible
admissiblewhen
whenitit is
is relevant
relevant to the
to the
issue and not excluded
issue excluded by Constitution, the
by the Constitution, the prosecution:
prosecution:
law or
law or these
these Rules.
Rules. [Sec.
[Sec. 3,
3, Rule
Rule 128]
128] 1. the
1. the seizureand
seizure andmarking,
marking, ifif practicable,
practicable,
of the
of the illegal
illegal drug
drug recovered
recovered fromfrom the
the
Object evidence
Object evidence seized
seized under the following
under the following accused by
accused by the
the apprehending
apprehending officer;
of cer;
circumstances
circumstancesshall
shallbe inadmissible for
be inadmissible any
for any 2. the
2. the turnoverofofthe
turnover theillegal
illegaldrug
drugseized
seized by
purpose in
purpose any proceeding
in any proceeding for being the
for being the the apprehending
the apprehending officer of cer to the
to the
proverbial fruit
proverbial of the
fruit of the poisonous
poisonous tree:
tree:
investigating officer;
investigating of cer;
Unreasonable searches
1. Unreasonable searches and and seizures
seizures
[Sec. 2,
[Sec. 2, Art.
Art.III
III of
ofthe
theConstitution]
Constitution] 3. the
3. theturnover
turnoverby bythe
theinvestigating
investigating ofofficer
cer
2. Violation
Violation of ofprivacy
privacy ofofcommunication
communication of the illegal drug to the
of the illegal drug to the forensicforensic
correspondence [Sec.
and correspondence [Sec.3,3,Art.
Art.III
III of chemist for
chemist for laboratory
laboratory examination;
examination; and
and
the Constitution]
the Constitution] 4. the
4. the turnoverand
turnover andsubmission
submission of the
3. Violation
Violation of thethe chain
chain of
of custody
custody rule
rule seized and
seized and marked
marked illegal
illegal drug
drug from
from the
the
[Sec. 21,
[Sec. 21, R.A.
R.A. No.
No. 9165]
9165] forensic chemist
forensic chemist to the court
to the [People v.
court [People v.
Mariano, G.R.
Mariano, G.R. No.No. 247522
247522(2022)].
(2022)].
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EVIDENCE
EVIDENCE REMEDIAL LAW

5. The
5. Theexistence
existence of other
other factors,
factors, ifif any,
e. Rules
Ruleson
onDNA
DNA Evidence
Evidence (AM No. which the
which the court
court may
may consider
consider as
as
06-11-5-SC)
06-11-5-SC) potentially affecting
potentially affecting the accuracy of
the accuracy of
integrity of
integrity of the
the DNA
DNA testing
testing [Sec.
[Sec.4].
4].
“DNA evidence"
"DNA evidence”constitutes
constitutes the totality
totality of the
DNA pro
DNA profiles, results and
les, results and other
other genetic
genetic
information directly
information directly generated
generated from DNA
DNA testing
testing Exception
Exception
of biological
of biological samples
samples [Sec.
[Sec. 3(c)].
3(c)]. DNA testing
DNA testing may
may bebe done,
done, without
without need
need of
of aa prior
prior
court order,
court order, at
at the
the behest
behest of
of any party,
party, including
including
“DNA testing"
"DNA testing”means
means veri
verified and credible
ed and credible law enforcement
law enforcement agencies,
agencies,before
beforea a suit
suit oror
scientific
scienti methods which
c methods which include
includethetheextraction
extractionof
of proceeding is
proceeding is commenced.
commenced.[Sec.[Sec.4]4]
DNA from biological
DNA biological samples,
samples,the the generation
generationofof
DNA pro
DNA profiles
les and
and the the comparison
comparison of the
of the Purpose of DNA
DNA Testing
Testing
information obtained
information obtained fromfrom the DNA testing
the DNA testing of
of When aa crime
When crime is is committed,
committed, material
material is
is collected
collected
biological samplesforfor the
biological samples the purpose
purpose of of scene of the crime
from the scene crime or from the victim's
victim's
determining, with
determining, with reasonable
reasonable certainty, whether
certainty, whether body for
body for the
the suspect's
suspect's DNA.
DNA. This
This is the evidence
is the evidence
or not the
or not the DNA
DNA obtained
obtained fromfrom two more
two or more sample.
sample. The evidence sample
The evidence sample is matched
is then matched
distinct biological samples
distinct biological samples originates
originates from
from the with the reference
with the reference sample
sample taken
taken from the suspect
from the suspect
same
same person
person (direct
(direct identification)
identi cation)oror ifif the
the and the victim.
and victim.
biological
biological samples
samples originate
originate from related persons
from related persons
(kinship
(kinship analysis)
analysis) [Sec.
[Sec.3(e)].
3(e)] The purpose
The purpose of DNA
DNA testing
testing is
is to
toascertain
ascertain
whether an association
whether association exists
exists between
between the
for DNA
Application for DNA Testing Order
Order evidence sample
evidence sample and
and the reference sample.
the reference sample. The
The
samples
samples collected
collected are subjected to various
are subjected various
General Rule chemical processes
chemical processes to
to establish
establish their
their profile.
pro le.
The appropriate
The appropriate court
court may,
may, at any time, either
at any
motu proprio or
motu proprio or on
on application
application of any person
of any person whowho The test
test may yield three possible results:
results:
has a
has a legal
legal interest
interest in the
the matter
matter in
in litigation,
litigation, 1. Exclusion
1. Exclusion- The
- Thesamples
samples are
are different
different
order a
order a DNA
DNA testing.
testing. Such
Such order
order shall
shall issue
issue after
after and therefore
and therefore must
must have
have originated
originated from
from
due
due hearing
hearing and and notice
notice to parties upon
to the parties upon aa different sources.
different sources. This This conclusion
conclusion is
showing of
showing of the
the following:
following: absolute and
absolute and requires
requires no no further analysis
further analysis
1. A A
1. biologicalsample
biological sampleexists
exists that
that is
is relevant or discussion;
or discussion;
to the case; 2. Inconclusive
2. Inconclusive- – It It
is isnot
notpossible
possible toto be
be
to the case;
2. The
2. The biological
biological sample:
sample: (i) was not
(i) was not sure, based
sure, based onon the
the results
results ofof the
the test,
test,
previously subjected
previously subjected to
to the
the type of DNADNA whether the
whether the samples
samples have have similar
similar DNA
DNA
testing now
testing now requested;
requested; oror (ii) was
(ii) was types. This
types. This might
might occur
occur forfor aa variety
variety ofof
previously subjected
previously subjected to
to DNA
DNAtesting,
testing, but
but reasons
reasons including
including degradation,
degradation,
the results
the results may require con confirmation
rmation for
for contamination, or failure
contamination, failure of some
some aspect
aspect
good reasons;
good of the
of the protocol.
protocol. Various
Various partsparts of the
of the
3. The
3. TheDNADNAtesting
testinguses
usesaa scienti
scientifically
cally valid
valid analysis might
analysis then be
might then be repeated
repeated with
with the
the
technique;
technique; same or aa different
same different sample,
sample, to obtain
obtain a
4. The
4. The DNA DNA testing
testing has
has thethe scienti
scientific
c more conclusive result; or
more conclusive result; or
potential to produce
potential produce newnew information
information 3. Inclusion
3. Inclusion- The– The samples are
samples are similar,
similar,
that is is relevant
relevant to the
the proper
proper resolution
resolution and could
and could have
have originated
originated from the same
from the same
of the
of the case;
case; and source. In
source. In such
such aa case,
case, the
the samples
samples areare

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EVIDENCE REMEDIAL LAW

found to
found to be
be similar,
similar, the
the analyst
analyst proceeds
proceeds
examined
examined inin court without great
court without great
[People v.
[People Vallejo, G.R.
v. Vallejo, G.R. No.
No. 144656
144656
loss of time and the fact sought to
loss
(2002)].
(2002)]. established from
be established from themthem is only
is only
the general
the general result
result ofof the
the whole;
whole;
(d) When the
(d) When the original
original isis aa public
public record
record
in
in the custody of
the custody of a
a public
public officer
of cer or
or
DOCUMENTARY EVIDENCE
B. DOCUMENTARY EVIDENCE(Rule
(Rule isis recorded
recorded inin aa public of office;
ce; and
130, B)
130, B) (e) When
(e) When the original
original is is not
not closely-
closely-
related to
related to aa controlling
controlling issue.
issue.

Sec.
Sec. 2.2. Documentary
DocumentaryEvidence.Evidence.- —
Documents
Documents asas evidence
evidence consist
consist ofof writings,
writings, General Rule
recordings, photographs
recordings, photographs or or any material
any material When the subject
When subject of inquiry
inquiry is
is the contents
contents of
of aa
containing letters,
containing letters, words,
words, sounds,
sounds, document, writing,
document, recording, photograph,
writing, recording, photograph, or
or
numbers, gures,symbols, or their
numbers, figures, symbols, or their otherrecord,
other record, no
no evidence
evidence is
is admissible
admissible other
other than
than
equivalent, or
equivalent, other modes
or other modes of written
of written the original
the original document
document itself
itself [Sec.
[Sec. 3,
3, Rule
Rule 130].
130].
expression
expressionoffered
offeredasas proof
proof of their
of their
contents. Photographs
contents. Photographs include include stillstill Exceptions
pictures,
pictures, drawings, stored images,
drawings, stored images, x-ray
x-ray The original
The document is—
original document is—
films, motion pictures
lms, motion pictures oror videos.
videos. 1. Lost or destroyed,
1. Lost or destroyed, or orcannot
cannot be be produced
produced
inin court,
court, without
without bad faith on on thethe part
part of
of
the offeror;
a. Original
OriginalDocument
Document Rule
Rule the offeror;
2. InInthethecustody
custodyor orunder
under thethe control
control of the
party against whom
party against whom the the evidence
evidence is is
Sec.
Sec. 3. Document Must be
3. Original Document be offered, and
offered, andthethelatter
latter fails
fails toto produce
produce it it
Produced; Exceptions.
Produced; Exceptions.—- When
When the
the after reasonable
after reasonable notice,
notice, or or the
the original
original
subject
subject of inquiry is
of inquiry is the contents
contents of of aa cannot be
cannot be obtained
obtained by local local judicial
judicial
document, writing,
document, writing, recording,
recording, photograph
photograph processes or
processes or procedures;
procedures;
or other
or other record,
record, no no evidence
evidence is is admissible
admissible 3. Consists
3. Consistsof ofnumerous
numerous accounts
accounts or or other
other
other than the the original
original document
document itself,
itself, documents which
documents which cannot
cannot be be examined
examined in in
except
except in the following
in the following cases:
cases: court without
court without great
great loss
loss of time
time andand the
(a)
(a) When
Whenthe the original
originalisis lostlost oror fact sought
fact sought to to be
be established
established from from them
them
destroyed, or
destroyed, or cannot
cannotbe beproduced
produced isis only
only the
the general
general result
resultofofthe thewhole;
whole;
in court,
in court, without
without bad bad faith
faith on
on the
the 4.A public
4. A publicrecord
recordininthe
thecustody
custody of of aa public
public
part of the offeror;
offeror;
ofofficer or is recorded
cer or is recorded in a public office;
public of ce;
(b)When
(b) When the the original
original is
is in
in the
the custody
custody
and
and
under the
or under the control
control of of the
the party
party
5. Not
5. Notclosely-related
closely-relatedto toaacontrolling
controlling issue.
issue.
against whom
against whom the the evidence
evidence is is
offered, and
offered, and the latter fails
the latter fails to
produce it
produce after reasonable
it after reasonable notice,
notice, NOTE: Original
NOTE: Original Document
DocumentRule
Ruleisis aa rule
rule on
on
or the
or the original
original cannot
cannot be be obtained
obtained admissibility (competence).
admissibility (competence).This
This rule was
rule was
by local judicial
by local judicial processes
processes or or formerly known
formerly known as
as the
the Best
Best Evidence
Evidence Rule.
Rule.
procedures;
(c)
(c) When
When the original consists
the original consists of of Purpose
Purpose of
of the rule
numerous accounts
numerous accounts oror other other
documents which
documents cannot be
which cannot be

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avoid the
To avoid the dangers
dangers of
ofmistransmissions
mistransmissions and
and Admissibility of Depositions
Admissibility of
inaccuracies ofof the
inaccuracies the contents
contents of document
of the document Depositions may
Depositions may be be wholly
wholly or partially admissible
or partially admissible
[Goopio v.
[Goopio Maglalang, A.C.
v. Maglalang, A.C. No.
No. 10555,
10555, (2018)].
(2018)]. at trial
at trial or
or upon
upon the the hearing
hearing of a motion motion or an
interlocutory proceeding.
interlocutory proceeding. It may be
It may be used
used against
against
The rule
The rule ensures
ensuresthat
thatthe
theexact
exactcontents
contents of
of aa any party
any party who
who waswas present
present or or represented
represented at at the
the
document
document are
are brought
brought before
before the
the court.
court. In taking of
taking of the
the deposition
deposition or who who had had due
due notice
notice
deeds, wills,
deeds, wills, and
and contracts,
contracts, aa slight
slight variation
variation in
in thereof, provided
thereof, provided that that anyany of ofthe
thecircumstances
circumstances
words may
words may mean
mean aa great
great deal
deal of
of difference
difference in in the
the is present:
is present:
rights and
rights and obligations
obligations of of the parties. The
the parties. The rule,
rule, 1. Deposition
1. Deposition is used used for the the purpose
purpose of of
likewise, acts
likewise, acts as
as an
an insurance
insuranceagainst
againstfraud.
fraud.ItIt contradicting
contradicting or impeaching
or impeaching the the
also protects against
also protects against misleading
misleading inferences
inferences testimony of
testimony of the
the deponent
deponent as a witness; witness;
resulting from
resulting from the
the intentional
intentional oror unintentional
unintentional 2. The
2. Thedeposition
deposition of of aa party
party or or of
of any
any one
one
introduction of selected
introduction of selected portions
portions of
of aa larger
larger set
set of
of who at
who at the
the time
time of of taking
taking thethe deposition
deposition
writings [Republic v. Mupas, G.R. No.
writings [Republic v. Mupas, G.R. No. 181892, 181892, was an
was an ofofficer, director, or
cer, director, or managing
managing
(2015)].
(2015)]. agent of aa public
agent public or private
private corporation,
corporation,
partnership, or
partnership, association which
or association which isis a
When Original Document
Document Rule
Rule isisNot
Not party may
party may be be used
used by an adverse adverse party
party
Applicable for any
for any purpose;
purpose;
Where
Where thethe issue
issue isis only
only asas to
to whether
whether suchsuch 3. The
3. Thedeposition
deposition of ofaawitness,
witness, whether
whether or
document was
document was actually
actually executed,
executed, oror exists,
exists, or
or on
on not aa party,
not party,maymay be be used
used by by any
any party
party for
for
circumstances relevant
the circumstances relevant toto or surrounding its any
any purpose
purpose ifif the the court
court findsnds that:
that:
execution, the
execution, the Best
Best Evidence
Evidence Rule
Rule(now,
(now, Original
Original a. The
a. Thewitness
witness is is dead;
dead;
Document Rule)
Document Rule) does
does not
not apply
apply and
and testimonial
testimonial b. The
b. Thewitness
witnessresides
residesat at aa distance
distance
evidence is
evidence is admissible.
admissible. Any
Any other
other substitutionary
substitutionary more than one
more than one hundred (100)hundred (100)
evidence is
evidence is likewise
likewise admissible
admissible without
without need
need for
for kilometers from
kilometers place of
from the place of trial
trial
accounting for
accounting for the
the original [Republic v.
original [Republic v. Gimenez,
Gimenez, or hearing,
or hearing, or or isis out
out of the the
G.R.
G.R. No.
No. 174673
174673(2016)].
(2016)]. Philippines, unless
Philippines, unless it appearsappears
that his
that his or or herherabsence
absence was was
The Best
The Best Evidence
Evidence Rule
Rule (now,
(now, Original Document
Original Document procured by
procured by the partyparty offering
offering
Rule) does
Rule) does not
not apply
apply to
to object
object and
and testimonial
testimonial the deposition;
the deposition; or or
evidence [Riano,
evidence [Riano, 160,
160, 2022
2022 Ed.].
Ed.]. c. The
C. Thewitness
witness isis unable
unable to to attend
attend
or testify
or testify because
because of of age,
age,
Admissibility of Af
Affidavits
davits sickness,
sickness, ininfirmity,
rmity, or
or
Affidavits
Af generally inadmissible.
davits are generally inadmissible. They are are imprisonment;
imprisonment; or or
generally rejected
generally rejected for
for being
being hearsay,
hearsay, unless
unless the
the d. The
d. Theparty
partyoffering
offeringthe thedeposition
deposition
affiants
af themselves testify
ants themselves testify thereon.
thereon. This
This is has been
has been unable
unable to procure
procure the
because they
because they are
are not
not generally
generally prepared
prepared byby the
the attendance of
attendance witness by
of the witness
affiant
af but by
ant but by another
another who
who uses
uses his
his own
own language
language subpoena; or
subpoena; or
in writing
in writing the
the afaffiant’s statements, which
ant's statements, which may
may e. Upon
e. Uponapplication
applicationand and notice,
notice, that
that
omitted or
thus be either omitted or misunderstood
misunderstood by by the
the such exceptional
such exceptional circumstances
circumstances
one writing
one writing them.
them. Moreover,
Moreover, thethe adverse
adverse party
party is
is exist as
exist as toto make
make itit desirable,
desirable, in
deprived of
deprived of the
the opportunity
opportunity to to cross-examine
cross-examine thethe the interest
the interest of justice
justice andand with
with
affiant
af [Tating v.v.Marcella,
ant [Tating Marcella, G.R.
G.R. No.
No. 155208,
155208, due regard
due regard to the importance
importance of of
March
March 27, 2007].
27, 2007). presenting the
presenting testimony of
the testimony of
witnesses orally
witnesses orally inin open
open court,
court, to
to

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allow
allow the deposition to
the deposition be used;
to be used;
extent
extent as an original
as an original unless
unless (1)
(1) aa
and
and
genuine question
genuine question isis raised
raised as
as to
to the
the
4. If Ifonly
4. onlypart
partofofa adeposition
deposition is is offered
offered inin authenticity of the
authenticity the original,
original, or
or (2) in
evidence by
evidence by aa party, adverse party
party, the adverse party the circumstances,
the circumstances, itit is unjust or
is unjust or
may require
may require him
him or or her
her to
to introduce
introduceall allof
of inequitable to admit
inequitable admit the
the duplicate
duplicate in
in
it which
which is is relevant
relevant to to the
the part
part lieu
lieu of
of the original.
the original.
introduced, and
introduced, and anyany party
party may
may introduce
introduce
any other
any other parts
parts [Sec.
[Sec. 4(d),
4(d), Rule
Rule 23,
23, Rules
Rules
a. Original
a. Original- The
- Thedocument
document itself
itself or
or any
any
of Civil Procedure].
of Civil Procedure].
counterpart intended
counterpart intended to same
to have the same
effect by
effect by aa person
person executing
executing or
or issuing
issuing it.
it.
Waiver of the Rule
Rule
An "original"
An “original” of
of aaphotograph
photograph includes
includes
The original
The original document
document rule
rule may
may be
be waived
waivedifif not
not
the negative
the negative oror any
any print
print therefrom.
therefrom.
raised during
raised during trial. Particularly,
Particularly, this
this ground
ground for
for
objection must
objection must be
be made
made orally,
orally, immediately
immediately after
after
IfIf data
data is
is stored
stored inin aa computer
computer or or similar
similar device,
device,
documentary evidence
the documentary evidence isis offered
offered [Sec.
[Sec. 36
any printout
any printout oror other
other output
output readable
readable by
by sight
sight or
or
(para. 1),
(para. 1), Rule
Rule 132; Sy V.
132; Sy v. CA,
CA, G.R.
G.R. No.
No. 127263
127263
other means,
other means, shown shown toto re reflect the data
ect the data
(2000)].
(2000).
accurately, is
accurately, is an
an “original” [Sec. 4(a),
"original" [Sec. Rule 130].
4(a), Rule 130].

Meaning of
of Original Document and b. Duplicate
b. Duplicate - counterpartproduced
- counterpart produced by:by:
Duplicate
i.
i. The same
The same impression
impression as the
as the
Sec. 4.
Sec. 4.Original
OriginalofofDocument.
Document.—- original, or
original, from the
or from the same
same
(a) An
(a) An "original"
"original" of
of aadocument
document is the
is the matrix; or
matrix; or
ii. Means ofof photography, including
document
document itself
intended to have the
any counterpart
itself or any
same
counterpart
intended to have the same effect by aa
effect by
ii. Means photography, including
enlargements and
enlargements and miniatures;
miniatures; or
or
person executing or issuing it. An
person
iii.
iii. Mechanical
Mechanical or or electronic
electronic
"original"executing
"original" of or issuing
of aa photograph
photograph includes
includesit.the
An!
the recording; or
recording; or
negative
negativeor or any
any print therefrom. If
print therefrom. If iv.
iv. Chemical reproduction;
Chemical reproduction;or or
data
data is
is stored
stored inin a
a computer
computer or similar
device, any
device, any printout
printout or
or similar
other output
or other output
v.
v. Other equivalent techniques
Other equivalent
which accurately
which
techniques
accurately reproduce
reproduce the
readable
readable by by sight or other
sight or other means,
means, original [Sec.
original [Sec. 4(b), Rule 130].
4(b), Rule 130].
shown to reflect the data accurately,
is an "original."
is ori re ect the data accurately, General Rule
General Rule
AA duplicate
duplicate is
is admissible
admissible to the same
to the same extent as an
extent as an
(b)
(b) AA "duplicate"
"duplicate" is
is a acounterpart
counterpart
original.
original.
produced by
produced by the
the same
same impression
impression as
as
the original,
the original, or
or from
from the
the same
same matrix,
matrix,
or by
or bymeans
means ofofphotography,
photography, Exceptions
Exceptions
including
including enlargements
enlargements and
and 1. AAgeneral
1. generalquestion
question is
is raised
raised as
as to
to the
miniatures, or
miniatures, or byby mechanical
mechanical oror authenticity of the original;
authenticity original; or
or
electronic rerecording,
electronic rerecording, or or by
by chemical
chemical 2. InInthe
2. thecircumstances,
circumstances, itit is
is unjust
unjust or
or
reproduction, or
reproduction, or by other equivalent
by other equivalent inequitable to
inequitable to admit
admit the
the duplicate
duplicate in lieu
techniques
techniques which
which accurately
accurately of the
of the original
original [Sec.
[Sec. 4(c), Rule 130].
4(c), Rule 130].
reproduce the
reproduce original.
the original.
b. Secondary
b. Secondary Evidence
Evidence
(c) AAduplicate
(c) duplicateisisadmissible
admissibleto
to the
the same
same

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REMEDIAL LAW

Sec.
Sec. 5. When Original
5. When Original Document
Document is Sec. 9.
Sec. 9. Party
Party Who
Who Calls
Callsfor
for Document
Document
Unavailable. - When
Unavailable. — When the
the original
original Not Bound
Bound to
to Offer
Offer It.
It. —
- AAparty
party who
who
document has
document has been
been lost
lost or destroyed, or
or destroyed, or calls for
calls for the
the production
production of
of aa document
document and
and
cannot be
cannot be produced
producedinin court,
court, the
the offeror,
offeror, inspects the
inspects the same
same isisnot
notobliged
obligedtotooffer
offeritit
upon
upon proof its execution
proof of its execution or
or existence
existence as evidence.
as evidence.
and the
and the cause
cause of
of its unavailability without
its unavailability without
bad faith
bad on his
faith on his or
or her
her part, may prove
part, may prove its
its
contents i. General Rule
contentsby by aa copy,
copy, or
or by recital of
by recital of its General Rule
contents in
contents some authentic
in some authentic document,
document, or or A secondary
A secondary evidence
evidence is
is admissible
admissibleonly
onlywhen
whenthe
the
by
by the
the testimony of witnesses
testimony of witnesses in
in the
the order
order original is
original is unavailable
unavailable for
for such
such reasons
reasons allowed
allowed
stated.
stated. under Rule 130.
under Rule 130.

Sec. 6. When
Sec. When Original
Original Document
Document is
is in
in ii.
ii. Applicabilityof
Applicability of the
the Secondary
Secondary
Adverse Party'sCustody
Adverse Party's Custodyor orControl.
Control.- — Evidence
Evidence
If the document
If the document is is in
in the
the custody
custody or under
or under
the control
the control of
of the
the adverse
adverse party,
party, he
he or
or she
she i When the
1. When the original is unavailable
unavailable
must
must have
have reasonable
reasonable notice
notice to
to produce
produce it.
it.
a. When
a. When the
the original
original has
has been
been lost
lost or
or
If after
If after such
such notice
notice and
and after
after satisfactory
satisfactory
destroyed, or
destroyed, cannot be
or cannot be produced
produced in
in
proof
proof of existence, he
of its existence, he or she fails
or she fails to
court;
produce the
produce the document,
document, secondary
secondary
b. Upon proof of its execution or existence
evidence may
evidence may be presented as
be presented as in the case
in the case b. Upon proof of is execution or existence
of its
its loss.
loss. and the
and the cause
cause of
of its
its unavailability;
unavailability;and
and
of
c. Without
c. Withoutbad
badfaith
faith on
on the offeror’s
offeror'spart.
part.
Sec. 7. Summaries.
Sec. 7. - When
Summaries. — When the
the
contents
contents of
of documents,
documents, records,
records, What to present to prove contents
contents
photographs,
photographs, or numerous accounts
or numerous accounts areare In this
In this speci
specificc order:
order:
voluminous
voluminous and and cannot examined in
cannot be examined a. A copy of the original;
court without
court without great
great loss
loss of time, and the b. ceta
.A A recital of its contents
the contents in some
in some authentic
authentic
fact sought
fact sought to to be
be established
established isis only
only the
the document;
document; or or
general result
general result of
of the
the whole,
whole, the
the contents
contents of
of c. The
c. Thetestimony
testimonyofofwitnesses
witnesses [Rule
[Rule 130,
130,
such
such evidence
evidence may may be presented in
be presented in the Sec. 5].
Sec. 5].
form of
form of aa chart,
chart, summary,
summary, or or calculation.
calculation.
The originals
The originals shall
shall bebe available
available for for To admit
To admit secondary
secondary evidence,
evidence, there must be
there must be
examination or
examination or copying,
copying,ororboth,
both,by by the
the proof by
proof by satisfactory
satisfactory evidence
evidence of:of:
adverse party
adverse party at
at aa reasonable
reasonable time and
time and a. Due
a. Dueexecution
execution ofof the
the original;
original;
place. The
place. The court
court may
mayorder
orderthat
thatthey
theybebe b. Loss,
b. Loss,destruction,
destruction, ororunavailability
unavailability of all
all
produced
produced in court.
in court.
such originals;
such originals; and
and
c. Reasonable
c. Reasonable diligence
diligence and
and good
good faith
faith in
Sec. 8. Evidence
Sec. Evidence Admissible
Admissible When
When
the search
the search for or attempt
for or attempt toto produce
produce the
the
Original Document is
Original Document is aa Public
Public Record.
[Republic v.v.Marcos-Manotoc,
original [Republic
original Marcos-Manotoc,
— When the
- When the original
original ofof aa document
document isis in
in
the custody of a public
public of officer G.R. No.
G.R. No. 171701
171701 (2012)].
(2012)].
the custody of a cer or is
or is
recorded in
recorded in aa public
public office,
of ce, its
its contents
contents
may be
may be proved
proved by by aa certi
certified copy issued
ed copy issued The correct
The correct order
order of
of proof
proof is
is existence,
existence, execution,
execution,
by
by the public of
the public officer in custody
cer in custody thereof.
thereof. loss, and
loss, and contents [Republic v.
contents [Republic v. Cuenca,
Cuenca, G.R.
G.R. No.
No.
198393 (2018)].
198393 (2018)].

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EVIDENCE
EVIDENCE REMEDIAL LAW
REMEDIAL

Due
Due execution
execution of thethe document
document should should bebe 3. Summaries
3. Summaries
proved
proved through
through the
the testimony
testimony of either:
of either:
a. Theperson
a. The personororpersons
persons who
who executed
executed it;it; Involves:Chart,
Involves: Chart,summary,
summary,or
orcalculation
calculation of the
Theperson
b. The person before
before whom
whom its its execution
execution contents of
contents of such
such evidence
evidence or
or documents,
documents, records,
records,
was
was acknowledged;
acknowledged; or or photographs, or
photographs, numerous accounts
or numerous accounts areare
Anyperson
c. Any personwho
whowaswas present
present and saw saw itit voluminous and
voluminous cannot be
and cannot examined in
be examined court
in court
executed
executed and
and delivered,
delivered, or
or who,
who, after
after its
its without great
without great loss
loss of
of time.
time.
execution
executionand and delivery,
delivery,saw saw itit and
and
recognized the
recognized signatures, or
the signatures, or byby a
a person
person The originals
The originals shall
shall be
be available
available for
for examination or
examination or
whom the
to whom the parties
parties to
to the
the instruments
instruments copying, or
copying, both, by
or both, by the
the adverse
adverse party
party at
at a
had previously confessed
had previously confessed the execution
the execution reasonable time
reasonable and place.
time and place. The
The court
court may
may order
order
thereof [Director
thereof [Director ofof Lands
Landsv.v. Court
Court ofof thatthey
that they be
be produced
produced inin court
court [Sec.
[Sec. 7,
7, Rule
Rule130].
130].
Appeals, G.R.
Appeals, G.R. No.
No.L-L-29575
29575(1971)].
(1971)].
4. When
When the
the original
original isis a public record
record
When more
When more than
than one
one original
original copy
copy exists,
exists,itit must
must in the
in the custody ofof aa public
publicofficer
of ceror
or
appear that all of them have been lost, destroyed,
appear that all of them have been lost, destroyed,
is recorded
recorded in
in aa public
publicoffice
of ce
or cannot
or cannot be
be produced
produced inin court
court before
before secondary
secondary
evidence can
evidence can be
be given
given of
of any one [Citibank
any one [Citibank v.v.
Offeror must
Offeror must present
present aa certi
certified copy issued
ed copy issued by
by
Teodoro, G.R. No.
Teodoro, G.R. No. 150905
150905 (2003)].
(2003)].
the public
the public of
officer in custody
cer in custody thereof
thereof [Sec.
[Sec. 8,
8, Rule
Rule
130].
130].
Proof of lost instrument
instrument
The general
The general rule concerning proof
rule concerning proofofof aa lost
lost
NOTE:
NOTE: When
When original
original is
is outside
outside the
the jurisdiction
jurisdiction of
of
instrument is, that
instrument that reasonable
reasonable search
search shall
shall be
the court,
the court, secondary
secondary evidence
evidence isis admissible
admissible
made
made for
for it in the
it in the place
place where
where itit was
was last
last known
known
[Regalado 784,
[Regalado 784, 2008
2008 Ed., citing PNB
Ed., citing PNB v.
v. Olila,
Olila, G.R.
G.R.
to have
to have been,
been, and, and, ifif such
such search
search does
does not
No. L-8189
No. L-8189 (1956),
(1956), unreported].
unreported].
discover it, then inquiry should
discover it, then inquiry should be made be made of of
persons most
persons most likely
likely to
to have
have its
its custody,
custody, oror who
c. Parol
c. ParolEvidence
Evidence
have some
have some reasons
reasons to to know of its its whereabouts
whereabouts
[Tan v.v. Court
Court ofofAppeals,
Appeals, G.R.
G.R. No.
No. L-56866
L-56866
(1985)].
(1985)]. Sec.
Sec. 10.
10. Evidence
Evidence of Written
Written
— When
Agreements. — When the terms
terms of an
an
When the
2. When the original
original is in the custody
custody agreement have
agreement have been
been reduced
reduced to to writing,
writing,
or control of the adverse
adverse party
party itit isis considered
considered as
as containing
containing all
all the
the terms
terms
agreed upon
agreed upon and
and there
there can
can be,
be, as
as between
between
the parties
the parties and
andtheir
theirsuccessors-in-
successors-in-
Requisites
interest, no
interest, no evidence
evidence of such terms other
The offeror
The offeror must
mustprove
prove–-
1. The
Theoriginal
originalexists;
exists;
than
than the the contents
contents of of the
the written
written
agreement.
agreement.
2.The
2. Thedocument
documentisisunder
under the
the custody
custody or
or
control of
control of adverse
adverse party;
party;
3. The
Theadverse
adverse party
partyisisgiven
givenreasonable
reasonable However, aa party
However, party may
may present
present evidence
evidence to to
notice to
notice to produce
produce original;
original; modify, explain
modify, explain or
or add
add to
to the
the terms
terms ofof the
the
4.
4. The
Theadverse
adverse party
party failed
failed to
toproduce
produce written agreement
written agreement ififhe
he or
or she
she puts
puts in
in issue
issue
original despite
original despite notice [EDSA Shangri-la
notice [EDSA Shangri-la in a veri
in a verified pleading:
ed pleading:
Hotel and
Hotel and Resort
Resort v.
v. BF
BF Corp.,
Corp., G.R.
G.R. No.
No. (a) An intrinsic ambiguity, mistake
(a) An intrinsic ambiguity, mistake oror
145842 (2008)].
145842 (2008)]. imperfection
imperfection inin the
the written
written

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REMEDIAL LAW

a. intrinsic
a. intrinsic ambiguity,
ambiguity, mistake
mistake or
or
agreement;
agreement; imperfection in
imperfection in the agreement;
agreement;
(b) The failure
(b) The failure of
of the
the written
written ! b. failure ofofagreement
b. failure agreement to to express
express
agreement to
agreement express the
to express true
the true true intent
true intent of the parties;
parties;
intent and
intent and agreement
agreement of
of the
the parties
parties validityof
c. validity of agreement;
agreement;
thereto;
thereto; existence of
d. existence of other
other terms
terms agreed
agreed
(c) The validity
(c) The of the
validity of the written
written to
to after
after execution
execution of of the
the
agreement; or
agreement; or agreement.
agreement.
(d) The
(d) existence of
The existence other terms
of other terms 2. It It
2. servesasasthe
serves thebasis
basis of
of the
the conclusion
conclusion
agreed to
agreed to by
by the
the parties
partiesor
or their
their proposed by the presenting
proposed by the presenting party. party.
successors-in-interest after
successors-in-interest after the
the
execution
execution of ofthe written
the written ii.
ii. Where
WhereNot
NotApplicable
Applicable
agreement.
agreement.
Parol Evidence
Parol Evidence Rule
Rule does
doesnot not apply
applywhen
whenthird
third
Theterm
The term"agreement"
"agreement" includes
includes wills.
wills. parties are
parties are involved
involved or
or those
thosenotnotprivy
privyto
to the
the
written instrument in
written instrument in question
question andand does
does not
not
base aa claim
base claim or
or assent
assentaaright
right originating
originatingininthe
the
The "parol
The evidencerule"
"parol evidence rule"forbids
forbidsany
any addition
addition
or contradiction
to or contradiction ofof the terms of
the terms written
of a written instrument [Lechugas v.
instrument [Lechugas Court of
v. Court Appeals, G.R.
of Appeals, G.R.
instrument
instrument by testimony or
by testimony or other
other evidence
evidence No. L-39972
No. L-39972 & & L-40300
L-40300(1986)].
(1986)].
purporting
purportingtoto show
show that,
that, at or before
at or before the
the
execution
execution of
of the
the parties'
parties' written
written agreement,
agreement, other
other iii. Introduction
iii. Introduction
of of ParolEvidence
Parol Evidence
or different terms
or different terms were
were agreed
agreed upon
upon by
by the
the
parties,
parties, varying
varyingthethe purport
purport of the written
of the written General Rule
contract. Ground/s for
Ground/s presenting parol
for presenting parol evidence
evidence is
is put in
put in
issue in
issue in aa verified
veri ed pleading
pleading [Sec.
[Sec. 10,
10, Rule
Rule130].
130].
When an
When an agreement
agreement has has been
been reduced
reduced to
to writing,
writing,
the parties
the parties cannot
cannot be be permitted
permitted to to adduce
adduce Exception
evidence
evidence to prove alleged practices which, to
to prove alleged practices which, all
to all If the
the facts
facts in
in the
the pleadings
pleadings all lead
lead to the fact
fact
purposes,
purposes,would
wouldalteralter the
the terms
terms of written
of the written that itit isisbeing
that being put
put ininissue,
issue, then
then the
the Parol
Parol
agreement.
agreement. Whatever
Whatever isis notnot found
found in the writing Evidence exception
Evidence exceptionmaymayapply.
apply.InIn sum,
sum, two
two (2)
(2)
is understood
is understood to have been
to have been waived
waived and and things must
things must be
be established
established for
for parol
parol evidence
evidence to
to
abandoned [Norton
abandoned Resources and
[Norton Resources and Development
Development be admitted:
be
Corporation
Corporation v. All Asia
v. All Asia Bank
Bank Corporation, G.R. No.
Corporation, G.R. No. 1. that
1. thatthe
theexistence
existence of
of any
any of
of the
the four (4)
162523 (2009)].
162523 (2009)]. exceptions has
exceptions has been
been put
put in issue in
in issue in aa
party’s pleading
party's pleading or
or has
has not
not been
been objected
objected
to by
to by the
the adverse
adverse party; and
and
2. that
2. thatthe
theparol
parolevidence
evidence sought
sought to be be
presented serves
presented serves to form the
to form the basis
basis of the
of the
conclusion proposed
conclusion proposed by presenting
by the presenting
[Sps. Paras
party [Sps.
party Paras v.
v. Kimwa
Kimwa Corporation,
Corporation,
G.R. No.
G.R. No. 171601
171601 (2015)].
(2015)].
i. Requisitesfor
Requisites for Applicability
Applicability

Theexistence
1. The existenceofofany
any of
of the
the following
following has
has
iv.
iv. Grounds for
Grounds for Presenting Parol
Parol
been put in issue
been issue in pleading or
in a party's pleading or Evidence
Evidence
has not
has not been
been objected
objected toto by
by the
the adverse
adverse
party:
party: 1. Intrinsic/latent ambiguity
1. Intrinsic/latent ambiguity
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Writing admits
Writing admits of two
two constructions,
constructions, both
both of
of TESTIMONIAL EVIDENCE
B. TESTIMONIAL EVIDENCE [Rule
[Rule
which are
which are in
in harmony
harmony with
with the
the language
language used
used 130, C]
130, C]
[Ignacio v.
[ignacio v. Rementeria,
Rementeria, 99 Phil. 1054
99 Phil. 1054
(Unreported)].
(Unreported)].
a. Quali
a. Qualifications
cations and
and
Illustration:The
Illustration: Thedocument
document isis clear
clear onon its
its face,
face, Disqualifications
Disquali Witnesses
cations of Witnesses
butmatters
but matters outside
outside the
the agreement
agreement create
create the
the [Secs. 21-24]
[Secs. 21-24]
ambiguity (e.g. "I
ambiguity “I bequeath
bequeath this
this land
land toto my
my
cousin George."
cousin George.” However,
However, the
the testator
testator hashas
two cousins named George) [Riano,
two cousins named George) [Riano, 161, 161, Witnesses; Their
Sec.
Sec. 21. Witnesses; Their
2016 Ed.].
2016 Ed.].
Qualifications.
Quali cations. -—AllAllpersons
persons who
who can
can
2. Mistake perceive, and
perceive, and perceiving,
perceiving, can
can make
make known
known
2. Mistake their perception
their perception to others, may
to others, may bebe
The mistake
The mistake should
shouldbebe of
of fact,
fact, mutual
mutual or
or
common to
common both parties,
to both parties, and
and alleged
alleged and
and
witnesses. (20a)
witnesses. (20a)
proved by
proved by clear
clear and
and convincing evidence[BPI
convincing evidence [BPI
v. Fidelity
v. Fidelity and
and Surety,
Surety, Co.,
Co., G.R.
G.R. No.
No. L-26743
L-26743 Religious or
Religious or political
political belief,
belief, interest
interest in
in the
the
(1927)].
(1927)]. outcome of
outcome case, or conviction
of the case, conviction of
of a
crime, unless
crime, unless otherwise
otherwise provided
provided byby law,
law,
3. Imperfection
3. Imperfection shall
shall not be aa ground
ground for
for disquali
disqualification.
cation.
The writing is incomplete
The incomplete as as the
the parties
parties do (20)
(20)
not intend
not intend to
to exhibit
exhibit the
the whole
whole agreement
agreement
but only
but only to
to de
define some of
ne some of its terms. [Spouses
its terms. [Spouses [Sec.
[Sec. 21. Disquali
Disqualification by Reason
cation by Reason
Amoncio v.
Amoncio Benedicto, G.R.
v. Benedicto, G.R. No. 171707
No. 171707 of Mental
Mental Incapacity
Incapacity or
or Immaturity.
(2008)]
(2008)] -—(Deleted)]
(Deleted)]
4. Failure
4. Failure of
of the
the written
written agreement
agreement to
to Sec. 22.
Sec. 22. Testimony
Testimony Con ned to
Confined to
express the true
express the true intent
intentand
and Personal Knowledge. -—AAwitness
witness can
can
agreementof
agreement of the
the parties
parties testify only
testify only to
to those
those facts
facts which
which he
he or
or she
she
The contract
The contract is is soso obscure
obscure that
that the
the knows
knows of his or or her
her personal
personal knowledge;
knowledge;
contractual
contractual intention of the
intention of the parties
parties cannot
cannot be
be that is,
that is, which
which are
are derived
derived from his
his or her
understood by
understood bymere
mere inspection
inspection ofof the
the own perception. (36a)
own perception. (36a)
instrument. Thus,
instrument. Thus, extrinsic
extrinsicproof
proofofof its
subject matter, of the
subject the relation
relation of the parties
parties Sec. 23. Disqualification by Reason
Reason of
Sec. Disquali cation by of
and of
and of the
thecircumstances
circumstances surrounding
surrounding them
them
Marriage. -—During
Duringtheir
theirmarriage,
marriage, the
the
when they entered into the contract may be
when be
received as
received evidence. [Spouses
as evidence. [SpousesAmoncio
Amonciov.v. husband or
husband or the
the wife cannot testify
wife cannot testify against
against
Benedicto, G.R.
Benedicto, G.R.No.
No.171707
171707(2008)]
(2008)] the other
the other without
without the
the consent
consent of the
of the
affected spouse,
affected spouse, except
except in in aa civil
civil case
case by
by
5. Validity
Validity of
of the
the written
written agreement
agreement one
one against
against the
the other, or in
other, or in aa criminal
criminal case
case
Parol
Parol evidence
evidence may
may be
be admitted
admitted to show:
to show: for aa crime
crime committed
committed by by one
one against
against the
Trueconsideration
1. True consideration of a contract
contract other or the
the latter's
latter's direct
direct descendants
descendants or
2.
2. Want/Illegality of consideration
consideration ascendants.
ascendants. (22a)
(22a)
3. Incapacity of
3. Incapacity of parties
parties
4.
4. Fictitious/absolutely
Fictitious/absolutely simulated
simulated contract
contract Sec.
Sec. 24.
24. Disqualification by Reason of
Disquali cation by
5.
5. Fraud
Fraud inin inducement
inducement [2 [2 Regalado
Regalado 733,
733, Privileged Communications.
Privileged Communications. —- The The
2008 Ed.].].
2008 Ed. following persons
following persons cannot
cannot testify
testify as to
as to
matters learned
matters learned in confidence
in con dence inin the
the
following cases:
following cases:

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EVIDENCE REMEDIAL LAW

(a) The
(a) The husband
husband or or the
the wife,
wife, during
during or or claims are
claims are by testate or
by testate or
after the
after the marriage,
marriage, cannot cannot be be intestate or
intestate by inter
or by inter vivos
vivos
examined without
examined without the consent of
the consent of transaction;
transaction;
the other as as toto any
any communication
communication (iii)
(liii) Breach of of duty
duty byby lawyer
lawyer or
the other
received
received in
the other
the
in confidence
con dence by
other during
during the
by one
one from
the marriage
from
marriage
Breach
client. As toAs
communication relevant
communication
to
relevant to
or
a

except
except in in aa civil
civil case
case by by one
one against
against an issue of
an issue breach of
of breach duty
of duty
the other, or or inin aa criminal
criminal casecase for for by the
by the lawyer
lawyer to his or
to his or her
her
aa crime
crime committed
committed by by one
one against
against client,
client, oror by
by the client to
the client to his
his
the other
the other or or thethe latter's
latter's direct
direct or her
or her lawyer;
lawyer;
descendants or or ascendants. (iv)
(iv) Document attestedattested by by the
(b)
descendants
An attorney
(b) An attorney or
believed
believed by by the
ascendants.
or person
person reasonably
the client
client to
reasonably
to be
be licensed
licensed
Document
lawyer.
lawyer. As
As
communication relevant
communication
to to
relevant to
the
a
to
to engage
engage in practice of
in the practice law
of law an issue
an issue concerning
concerning an an
cannot, without
cannot, without the the consent
consent of of the
the attested document
attested document to to which
which
client, be
client, be examined
examined as as to any
to any the lawyer is
the lawyer is an
an attesting
attesting
communication
communication made made by by the client
the client witness; or
witness; or
him or
to him or her,
her, oror his
his oror her
her advice
advice (v)
(V) Joint clients.
Joint clients. As As toto aa
given thereon
given thereon in the course
in the course of, of, oror communication relevant
communication relevant to to
with
with aa view viewto,to, professional
professional a matter
matter ofofcommon common
employment,
employment, nor can an
nor can an attorney's
attorney's interest between
interest between two two or or
secretary,
secretary,stenographer,
stenographer, or orc lcler
e r more
more clients clients if the
if the
k ,ororother
k, otherpersons
persons assisting
assisting the communication
communication was was mademade
attorney be examined examined withoutwithout the by any
by any of of them
them to to aa lawyer
lawyer
consent of
consent the client
of the client and
and hishis oror her
her retained or consulted
retained consulted in
employer, concerning any
employer, concerning any fact the
fact the common, when
common, when offered
offered in in
knowledge
knowledgeofof which which has has beenbeen an action
an action between
between any any of of
acquired
acquired in in such
such capacity, except in
capacity, except in the clients,
the clients, unless
unless they they
the following
the following cases:
cases: have expressly
have expressly agreed agreed
(i) Furtherance ofof crime
Furtherance crime or or otherwise
otherwise
fraud.
fraud. If the the services
services or (c) AA physician,
(c) physician, psychotherapist
psychotherapist or
advice
advice of lawyer were
of the lawyer were person
person reasonably
reasonably believed
believed by by the
the
sought
sought or or obtained
obtained to to patient to be
patient to be authorized
authorized to to practice
practice
enable or
enable aid anyone
or aid anyone to to medicine
medicine or psychotherapy cannot
or psychotherapy cannot
commit or
commit plan to commit
or plan commit in aa civil
in civil case,
case, without
without thethe consent
consent
what the
what the client
client knewknew or or the patient,
of the patient, be be examined
examined as to
reasonably should
reasonably should have have any con
any confidential communication
dential communication
known to
known to bebe a crime crime or or made for
made for the
the purpose
purpose of of diagnosis
diagnosis
fraud;
fraud; or treatment of
or treatment of the
the patient's
patient's
(ii)
(ii) Claimants through
Claimants through same same physical, mental
physical, mental or or emotional
emotional
deceased
deceasedclient. client.As Astoto aa condition, including
condition, including alcohol
alcohol or or drug
drug
communication relevant
communication relevant to to addiction, between
addiction, between the the patient
patient andand
an issue between
an issue between parties parties his or
his or her
her physician
physician or or
who claim
who claim through
through the the psychotherapist. This
psychotherapist. This privilege
privilege alsoalso
same deceased
same deceased client, client, applies to
applies to persons,
persons, including
including
regardless of
regardless of whether
whether the the members
members of patient's family,
of the patient's family,

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REMEDIAL LAW

who have participated


who have participated in
in the
the:
A witness
A witness can
can testify
testify only
only to
to those
those facts
facts which
which he
he
diagnosis
diagnosisoror treatment
treatment of the
of thel
or she
or she knows
knows of his
his or her
her personal
personal knowledge;
knowledge;
patient under
patient under the
the direction
direction of
of the
the
is, which
that is, which are derived
derived from
from his
his or
or her
her own
own
physician or
physician psychotherapist.
or psychotherapist.
perception [Sec.
perception [Sec. 22,
22, Rule
Rule 130].
130].
A
A "psychotherapist" is:
(i)
(i) A person
A person licensed
licensed to to Basic Qualifications
Quali cations of
of aa Witness
Witness
practice medicine
practice medicine engaged
engaged 1. He/she
1. He/shecancan perceive;
perceive;
in the diagnosis
in the diagnosis or
or 2.2.He/she
He/shecancanmake
makeknown
known his
his perception;
perception;
treatment of
treatment of aa mental
mental or or 3.3.He/she
He/shemust
musttake
takean
an oath
oath or
or af
affirmation
rmation
emotional condition,
emotional condition,oror [Sec. 1,
[Sec. 1, Rule
Rule 132];
132]; and
and
(ii)
(ii) A person licensed
A person licensed as as a | 4. He/she
4. He/she must
must not
not possess
possess any
any of the
of the
psychologist
psychologist by by thethe disquali cations [Peralta].
disqualifications [Peralta].
government while
government whilesimilarly
similarly
engaged.
engaged. AA deaf-mute
deaf-mute isis competent
competent toto be
be aa witness
witness so
so long
long
(d) A
(d) minister, priest
A minister, priest or or person
person as he/she
as he/she has
has the
the faculty
faculty to
to make
make observations
observations
reasonably believed
reasonably believedtoto be be soso and he/she
and he/she can
can make
make those
those observations
observations known
cannot,
cannot, without the consent
consent of the to others
to [People v.
others [People v. Aleman
Aleman yy Longhas,
Longhas, G.R.
G.R. No.
No.
affected person, be
affected person, be examined
examined as as to
to 181539 (2013)].
(2013)].
181539
communication or confession
any communication confession
made to
made to oror any
any advice
advice given
given byby him
him
Parties declared
Parties in default
declared in default are
are not
not disqualified
disqualified
her, in
or her, in his
his or
orher
herprofessional
professional
from taking
from taking the
the witness
witness stand
stand for
for nondisquali
nondisqualified
ed
character,inin the
character, the course
course of of
does not provide
parties. The law does provide default as an
default as
discipline
discipline enjoined
enjoined by by the church to
the church to
which
which the the minister
minister or or priest!
priest exception [Cavili v.
exception [Cavili v. Judge
Judge Florendo,
Florendo, G.R.
G.R. No.
No.
belongs.
belongs. 73039
73039 (1987), cited in
(1987), cited in Marcos
Marcos v.
v. Heirs
Heirs of
of Navarro,
Navarro,
(e)
(e) AA public
public of
officer cannot be
cer cannot be examined
examined G.R. No. 198240 (2013)]
G.R. No. 198240 (2013)]. .
during or
during or after
after his
his or
or her
her tenure
tenure asas
to communications
to communications made made to to him
him or
or When Determined
her in official
of cial confidence,
con dence,when whenthe the Qualification
Quali cation of
of aa witness
witness is determined at
is determined at the
court finds
nds that the the public
public interest
interest time the
time the said
said witness
witness is
is produced
produced for
for examination
examination
would suffer
would suffer byby the
the disclosure.
disclosure. or at
or at the
the taking
taking of
of their
their depositions.
depositions.

The
The communication
communication shall remain!
shall remain
privileged,
privileged, even
person
person who
even in
who may
the hands
in the
may have
hands of
of aathird
have obtained
thirdi
obtained the!
the
ii.
ii. Disqualifications
Disquali of Witnesses
cations of Witnesses

information, provided
information, provided that
that the
the original
original !
1. Religious
Religious or Political
Political Belief,
Belief,
parties to
parties to thethecommunication
communication took took
reasonable
reasonableprecaution
precautiontoto protect
protect itsits Interest in
Interest in the
the Outcome
Outcome of the Case
Case
confidentiality.
con dentiality.
General Rule
General Rule
Religious oror political
Religious political belief,
belief, interest
interestinin the
the
i.i. Quali
Qualifications
cations ofofWitnesses
Witnesses
outcome of the case,
outcome case, shall
shall not
not be
be aa ground
groundfor
for
disqualification.
disquali cation.
All persons
All persons who
who can
can perceive,
perceive, and
and perceiving,
perceiving, can
can
make known their perception
make perception to others, may
may bebe
witnesses [Sec.
witnesses [Sec. 21, Rule 130].
21, Rule 130]. Exception
Exception

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REMEDIAL LAW

Unless otherwise
Unless otherwise provided
provided by
by law
law [Sec.
[Sec. 21,
21, Rule
Rule General Rule
General Rule
130].
130]. During their
During their marriage,
marriage, the
the husband
husbandororthe
thewife
wife
cannot testify
cannot testify against
against the
the other
other without
without the
the
2. Conviction
2. Conviction of
of a
a Crime
Crime consent of the affected
consent affected spouse.
spouse.

General Rule
Rule Exceptions
Exceptions
Religious or
Religious political belief,
or political belief, interest
interestinin the
the 1.
1. InInaacivil
civilcase
case by
by one
one against
against the
the other
other
outcome of the case,
outcome case, shall
shall not
not be
be aa ground
ground for
for 2. InIna aCriminal
2. Criminal case
case
disqualification.
disquali cation. a. Against
a. Againsteach
each other
other
b. Against
b. Againstthe
thedirect
direct descendants/
descendants/
ascendants of
ascendants of the spouse [Sec.
the spouse [Sec.
Exception
Exception
23, Rule
23, Rule 130].
130].
Unless otherwise
Unless otherwise provided
provided by
by law
law [Sec.
[Sec. 21,
21, Rule
Rule
3. Where the marital and domestic relations
130].
130]. 3. Where the marital and domestic relations
are so
are so strained
strained that
that there
there isis no more
no more
1. Those
1. Those convicted
convicted of falsification
of falsi cation ofof a
harmony to
harmony to be
be preserved
preserved nor peace
peace and
and
document, perjury
document, false testimony
perjury or false testimony
tranquility which
tranquility which may
may be be disturbed
disturbed
cannot be
cannot be witnesses
witnesses to
to a
a will. [Civil Code,
will. [Civil Code,
[Alvarez v. Ramirez,
[Alvarez Ramirez, G.R.
G.R. No.
No. 143439
143439
Art. 821].
821].
(2005)].
(2005)].
2. A A
2. co-accusedininany
co-accused anycriminal
criminal case
case cannot
cannot
discharged to
be discharged become aa witness
to become witness for
for
the Government
the Government ifif he/she:
he/she: Requisites
Requisites
a. IsIsconvicted
a. convictedofofaacrime
crime involving
involving 1. There
1. Theremust
mustbe
beaavalid
validmarriage
marriage between
between
moral turpitude,
moral turpitude, oror the spouses
the spouses
Appears to be
b. Appears be the
the most
most guilty
guilty 2. Either
2. Eitherspouse
spouseisis aa party
party to
to aa case.
case.
[Sec. 17,
[Sec. 17, Rule
Rule 119].
119].
Duration
Duration
The disquali
The disqualification lasts only
cation lasts only during
during marriage.
marriage.
Relationship
3. Relationship
Waiver of Disqualification
Disquali cation
General Rule
IfIfone
onespouse
spouse imputes
imputes the
the commission
commission of of aa crime
crime
Mere relationship
Mere relationship does
does not impair credibility
not impair credibility
against the other,
against other, the
the latter
latter may
may testify
testify against
against
[People v.
[People v. Hernandez,
Hernandez, G.R.
G.R. No.
No. 130809
130809(2000)].
(2000)].
the former
the [People v.
former [People v. Francisco,
Francisco, G.R.
G.R. No.
No. L-568
L-568
(1947)].
(1947)].
Exception
Spouses as Co-accused
Spouses
warrant rejection,
To warrant rejection, it must
must be
be clearly
clearly shown
shown
The other
The other cannot
cannot be
be called
called as
as an
an adverse
adverse party
that:
that:
witness under
witness this Rule
under this [Sps. Lezama
Rule [Sps. Lezama v.
1. Testimony
1. Testimony defective
defective was
was inherently
inherently
Rodriguez, G.R.
Rodriguez, G.R. No.
No. L-25643
L-25643(1968)].
(1968)].
improbable or
improbable or
2. Improper/evil
2. Improper/evil motives
motives had
had moved
moved the
the
Disqualification
5. Disquali by Reason
cation by Reason of
of
witness to incriminate
witness falsely [People
incriminate falsely [People v.
v.
Daen
Daen Jr.,
Jr., G.R.
G.R. No.
No.112015
112015(1995)].
(1995)]. Privileged Communications
Communications

4. Disqualification
4. Disquali by Reason
cation by Reason of
of Privilege
Privilege
Marriage
Marriage AA rule
rule of
of law
law that,
that, totoprotect
protect aaparticular
particular
relationship or
relationship or interest,
interest, either
either permits
permits a
a witness
witness

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refrain from
to refrain from giving
giving testimony
testimony he
he otherwise
otherwise aa witness.
witness. The
The incompetency
incompetency is
is waived
waived by
by failure
failure
could be
could be compelled
compelled toto give,
give, or
or permits
permits someone,
someone, to make
to make aa timely
timely objection
objection to the admission
admission ofof
usually one
usually one of
of the
the parties,
parties, to
to prevent
prevent the
the witness
witness spouse’s testimony
spouse's [People v.
testimony [People Pansensoy, G.
v. Pansensoy, G. R.
R.
from revealing
from revealing certain information [Herrera].
certain information [Herrera]. No.
No. 140634
140634(2002)].
(2002)]

Rule
Rule on
on Third
Third Parties
Parties Duration
Duration
The communication
The communication shall
shall remain
remain privileged,
privileged, even
even The privilege
The privilege lasts
lasts even
even after
after the
the marriage.
marriage.
the hands
in the hands of aa third
third person
person who
who may
may have
have
obtained the
obtained information, provided
the information, providedthat
that the
the Difference between
Difference between Secs.
Secs. 23
23 and
and 24
24
original parties
original parties to the
the communication
communication took
took
reasonable
reasonable precautionto
precaution to protect
protect its
its
Marital
Marital Marital
Marital
Disqualification
Disquali cation Privilege
confidentiality
con dentiality [Sec.
[Sec. 24,
24, Rule
Rule 130].
130]. (Sec. 23)
(Sec. (Sec. 24)
(Sec.

1. Marital
Marital Communications
Communications Spouse against
Spouse against whom
whom Spouses can
Spouses can be
be non-
non-
the testimony
the testimony isis parties but
parties but are
are called
called
offered must
offered must be
be aa to testify
to testify on
on aa
General Rule
General Rule party to the action.
party action. communication given
communication given
During and
and after marriage, the
after their marriage, husband or
the husband or during the
during the marriage
marriage
the wife
the wife cannot
cannot be
be examined
examined as
as to any
to any
communication received
communication receivedin
in confidence
con dencefrom
from the
the May be
May be invoked
invoked only
only May be
May be invoked
invoked even
even
other during
during the during the
during the after dissolution
after dissolution of
of
other the marriage.
marriage.
subsistence of
subsistence of the
the marriage
marriage r
marriage
marriage
Exceptions
Exceptions
1. InIn
1. a acivil
civilcase
caseby
byone
one against
against the other
other Operates as
Operates as aa total
total Excludes examination
Excludes examination
2. InIna aCriminal
Criminal case
case prohibition
prohibition of aa spouse
of spouse with
with
2. respect to
respect confidential
to con dential
a. Against
a. Againsteach
each other
other
communications, but
communications, but
b. Against
b. Against the
the direct
direct
does not
does not prohibit
prohibit the
the
descendants/ascendants ofof the
descendants/ascendants the giving of
giving of testimony
testimony
spouse [Sec.
spouse [Sec. 24
24 (a),
(a), Rule
Rule130]
130] per se
per se
3. Waiver
3. Waiverofofthe
thePrivilege
Privilege

A widow
A widow of
of aavictim
victimallegedly
allegedly murdered
murdered may
may
Attorney-Client Privilege
2. Attorney-Client Privilege
testify as
testify as to
to her
her husband's
husband’s dying
dying declaration
declaration as
asto
to
how he
how he died
died since
since the
the same
same was
was not
not intended
intended to
to Requisites
Requisites
dential [U.S.
confidential
be con [U.S. v. Antipolo, G.R.
v. Antipolo, G.R. No.
No. L-
L- 1. There
1. Thereisisananattorney-client
attorney-client relationship
relationship oror
13109 (1918)].
13109 (1918)]. reasonable belief
reasonable beliefbybythethe client
client that
that aa
person is
person licensed to
is licensed engage in
to engage the
in the
Waiver of the Privilege practice of
practice of law
law
1. Failureof
1. Failure ofthe
thespouse
spouse to
to object;
object; •● TheTheprivilege
privilege extends
extends to a a law
law
2. Calling
2. Calling spouse
spouse as
as witness
witness on
on cross-
cross- student who
student who was
was certified
certi ed for
for aa
examination
examination limited law
limited law student
student practice
practice by by
3. Any
3. Anyconduct
conduct constructed
constructed as
as implied
implied the Executive
the Executive Judge
Judge or or the OCA
the OCA
consent [Herrera]
consent [Herrera] •●The The privilege also
privilege also covers
covers thethe
attorney’s
attorney's secretary,
secretary,
The objection
objection to
to the
the competency
competency ofof the
the spouse
spouse stenographer, clerk,
stenographer, clerk,oror any
any
The
must be
must be made
made when
when hehe or
or she
she is
is first offered as
rst offered as person assisting
person assisting the
the attorney
attorney

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Thecommunication
2. The communication or advice
advice must
must be
given
given in confidence
in con dence Exceptions
Exceptions
3.. The
Thecommunication
communication is made made either
either (1)
(1) in
in
the course
the course ofof professional
professional employment
employment or or 1. Future crime
crime or
or fraud
fraud
(2)
(2) with
with aaview viewof ofprofessional
professional IfIf the
theservices
services of
of the
the lawyer
lawyer were
were sought
sought or
or
employment
employment obtained to enable or aid anyone to commit or
4. Absence
Absenceofofconsent
consent by the client
client plan to commit
obtained to mab whatwhat the client knemit
an dieto knew or or
•●If the
If the witnessisisthe
witness theattorney's
attorney’s reasonably should
reasonably should have
haveknown
knowntotobe
be aa crime
crimeoror
secretary, stenographer,
secretary, stenographer, clerk,
clerk, fraud [Sec.
fraud [Sec. 24
24 (b)
(b) (i),
(i), Rule
Rule130].
130].
or any
or any person
person assisting
assisting thethe
attorney, the consent
attorney, consent of of his/her
his/her 2. Claimants through same deceased deceasedclient
client
employer is also
employer also required
required [Sec.
[Sec. The exception
The exception applies
applies only
only as
as to communication
to communication
24 (b),
24 (b), Rule
Rule 130].
130]. relevant to
relevant to an
an issue
issue between
between parties
parties who
who claim
claim
through the
through the same
same deceased
deceased client regardless of
client regardless of
Subject of the Privilege whether the claims
whether claims are
are by testate, intestate,
by testate, intestate, or
Communications
1. Communications inter vivos
inter vivos transaction
transaction [Sec.
[Sec. 24(b)(ii),
24(b)(ii), Rule
Rule 130].
130].
2. Observations
Observations by
by the
thelawyer
lawyer(regardless
(regardless
of medium
medium ofof transmission
transmission which
which may
may Breach of
3. Breach of duty
duty by
by lawyer
lawyer or
or client
client
include
include oral
oral or
or written words and
written words and actions)
actions) The
The exception
exception applies
applies only
only as
as to communications
to communications
3. Tangible
Tangibleevidence
evidencedelivered
delivered to
to aa lawyer
lawyer relevant
relevant to
to an issue of
an issue breach of
of breach of duty ByBy the
the
4. Documents
Documents entrusted
entrustedtoto aa lawyer lawyer lawyer
lawyer to
to his/her
his/her client
client or
or by
by the
the client
client to his/her
to his/her
[Herrera].
[Herrera]. lawyer [Sec.
lawyer [Sec. 24(b)(iii), Rule 130].
24(b)(iii), Rule 130].

Work-Product Doctrine Documents attested


4. Documents attested by
by the
the lawyer
lawyer
Trial preparation
Trial preparation materials
materialsofof aa lawyer
lawyer or his
his The exception
The exception applies
applies only as to
only as to communication
communication
representative are
representative protected from
are protected from discovery
discovery relevant
relevant to an issue
to an issue concerning
concerning aa document
document
unless the
unless the other
other party
party shows
showsthat
that itit has
has aa attested by
attested by the
the lawyer
lawyer [Sec.
[Sec. 24(b)(iv), Rule 130].
24(b)(iv), Rule 130].
substantial need
substantial need for the materials
materials to prepare
prepare its
case, and
case, and cannot,
cannot, without undue hardship,
without undue hardship, obtain
obtain The rationale
The rationale for the exception
for the exception isis that
that the
the
their substantial
their substantial equivalent
equivalent by
by other
other means.
means. attorney is
attorney is not
not acting
acting as
as a
a lawyer
lawyer and
and the
the client's
client’s
obvious intent
obvious intent is to have him available
available to testify
Duration of the Privilege to the
to the matter
matter attested.
attested.
The protection
The protectionisisPERPETUAL
PERPETUAL and and is
is NOT
NOT affected
affected
by the: 5. Joint
5. JointClients
Clients
1. Termination
1. Termination of of the
the suit
suit The exception
The exception applies
applies only
only as
as to a communication
to a communication
2. Client
2. Clientceasing
ceasing to to employ
employ attorney
attorney and
and relevant to a matter of common interest between
relevant to a matter of common interest between
retaining another
retaining another the join
the join clients
clients communicated
communicated to lawyer
to a lawyer
3. Any
3. Anychange
changeofofrelation
relation between
between attorney retained or
retained or consulted
consulted inin common,
common, when when offered
offered
and client
and client ininan
anaction
actionbetween
betweenany anyofofthe
theclients,
clients,EXCEPT
EXCEPT
4. Death
4. Deathof of the
the client
client when there
when there is is an
an express
express agreement
agreement to the
to the
contrary. [Sec.
contrary. [Sec. 24(b)(v),
24(b)(v), Rule
Rule 130].
130].
"The seal
"The seal of the
the law
law once
once fired upon them
red upon them
remains forever
remains forever unless
unless removed
removedby
by the
the party The rationale
The rationale for
for the
the exception
exception is
is that joint clients
that joint clients
himself in
himself whose favor
in whose favor it isis there
there placed."
placed." do not
do not intend
intend their
theircommunication
communication to be
to be
[Peralta, 320]
[Peralta, 320] confidential
con each other.
dential from each

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EVIDENCE REMEDIAL LAW

2. Confidential communication
communication was
was
2. Con dential
6.
6. Other
Other exceptions
exceptions acquired for
acquired for diagnosis
diagnosis oror treatment
treatment ofof the
the
a. When
a. Whenthe thecommunication
communication is is not
not intended
intended patient's physical,
patient's physical, mental emotional
mental or emotional
to be confidential
to be con dential (e.g.
(e.g. dying
dying declaration)
declaration) condition
condition
b.
b. When
Whenthe theaction
action is is one
one brought
brought by by the
the 3. Privilege
3. Privilegeisisinvoked
invoked in
in aa civil
civil case
case
client against the
client against attorney and
the attorney the
and the 4. Patient
4. Patientdid
didnot
notconsent
consent [Sec.
[Sec. 2424 (c), Rule
(c), Rule
disclosure
disclosure ofof the
the confidential
con dential information
information 130].
130].
becomes
becomes necessary
necessaryfor forthe
theattorney
attorney (e.g.
(e.g.
contracts
contracts between
between attorneys
attorneys andand clients)
clients) Who are covered
covered
c. When
When there
there is
is aa waiver.
waiver. 1. Physician
1. Physician
2. Psychotherapist
2. Psychotherapist
Identity of the Client
Identity of a. AAperson
a. personlicensed
licensed to
to practice
practice
medicine engagedinin the
medicine engaged the
General Rule diagnosis oror treatment
diagnosis treatmentofof aa
The attorney-client
The attorney-client privilege
privilege may
may not be invoked
not be invoked mental or
mental or emotional
emotional condition,
condition,oror
to refuse to divulge the identity of the client.
to refuse to divulge the identity of the client. b.
b. AA person
person licensed
licensed as as aa
psychologist by
psychologist by the
the government
government
Exceptions while similarly
while similarly engaged.
engaged.
When aa strong
1. When strong probability
probability exists
exists that 3. AAperson
3. personreasonably
reasonably believed
believed by the
by the
revealing the
revealing the name
name would
would implicate
implicate that
that patient to
patient to be
be authorized
authorized to to practice
practice
person in
person in the
the very
very same
same activity
activity for
for which
which medicine or
medicine or psychotherapy
psychotherapy
he sought
he sought the the lawyer's
lawyer’s advice;
advice; 4. Third
4. Thirdpersons
persons who
whohavehave participated
participated inin
2. When
Whendisclosure
disclosurewould
wouldopen
open the
the client
client to
to the diagnosis
the diagnosis oror treatment
treatment ofof the
the patient
patient
liability; under the direction
under direction of thethe physician
physician or or
liability;
3. When
3. Whenthe thename
name would
would furnish
furnish the only psychotherapist [Sec.
psychotherapist [Sec. 24
24 (c),
(c), Rule
Rule130].
130].
link
link that
that would
would form
form thethe chain
chain ofof
testimony necessary to
testimony necessary convict [Regala
to convict [Regala v.v. When not applicable
applicable
Sandiganbayan, G.R. No.
Sandiganbayan, G.R. No. 105938 and105938 and 1. Communication
1. Communication was
wasnot given in
not given in
G.R.
G.R.No.No.108113
108113(1996)]
(1996)] confidence
con dence
2. Case
2. Caseisisaa criminal
criminal case.
case.
NOTE: The
NOTE: The list
list is
is non-exhaustive
non-exhaustive andand that
that the 3.
3. Testimony
Testimony refers to
refers to information
information
case referred
case referred to provides: "[s]ummarizing these regarding a patient
regarding patient which
which the
the physician
physician
exceptions, information
exceptions, information relating
relatingto
to the
the identity
identity of
of acquired either
acquired either before
before the relation of
the relation of
aa client
client may
may fall
fall within the ambit
within the ambit of
of the
the privilege
privilege physician and
physician and patient
patient began
began or
or after
after its
its
when
when the client's name
the client's name itself
itself has
has an
an independent
independent termination.
termination.
significant,
signi such that
cant, such disclosure would
that disclosure would then
then reveal
reveal 4. Waiver
4. Waiverofofthe
theprivilege
privilegeby
by law
law or
or contract
contract
client con
client confidences."
dences." 5. Information
5. Information was
was not
not necessary
necessary for
for the
proper treatment
proper treatment ofof the
the patient.
patient.
3. Physician-Patient Privilege
3. Physician-Patient 6. AnAnaction
6. actionfor
fordamages
damages is is brought
brought byby the
patient against
patient against his
his physician.
physician.
7. Physician
7. Physician is presented
presented as as anan expert
expert
Requisites
Requisites
witness and
witness and the facts testi
the facts testified
ed to are
to are
1. The person
1. The person consulted
consulted is
is aaphysician,
physician,
hypothetical.[Lim
merely hypothetical.
merely [Limv.v. Court
Court of
of
psychotherapist or
psychotherapist one reasonably
or one reasonably
Appeals, G.R.
Appeals, G.R.No.
No.91114,
91114,(1992)]
(1992)]
believed by
believed the patient
by the patient to
to be
be authorized
authorized
to practice medicine or psychotherapy
to practice medicine or psychotherapy
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Information was
8. Information was intended
intended to bebe public,
public,
such
such as
as results
results of physical and
of physical and mental
mental Requisites
Requisites
examinations
examinationsordered
orderedbybythe
the court
court and
and 1. There
1. Thereisisa acommunication
communication relayed
relayed to aa
results of autopsies.
results autopsies. minister, priest,
minister, priest, or
or person
person reasonably
reasonably
believed to
believed to be
be so
so by the affected
by the affected person
person
Waiver
Waiver 2. The communication is consistent with the
2. The communication is consistent with the
Expresswaiver
1. Express waiver- may
– mayonly
onlybe
bedone
done by pious duty
pious duty enjoined
enjoined in the course
in the course ofof
the patient
patient religious discipline
religious discipline to
to which
which the
the priest
priest or
2. Implied
2. Implied waiver
waiver minister belongs
minister belongs
•● ByByfailing
failingtoto object
object 3. The confidential communication or or
3. The con dential communication
•● When
Whenthe thepatient
patient testi
testifies
es confession was
confession was given
given in aa professional
professional
● A Atestator
testatorprocures
procures anan attending
attending character [Sec.
character [Sec. 24
24 (d),
(d), Rule
Rule 130].
130].
doctor to subscribe
doctor subscribe his
his will
will as
as an
an
attesting witness
attesting witness The privilege does
The does not
not apply:
apply:
•● Disclosure
Disclosure of
of the
theprivileged
privileged 1. Where
1. Wherea aminister
ministerisisconsulted
consultednot
notas
as such
such
information either made
information either made or or (e.g., he
(e.g., he is
is consulted
consulted as
as aa friend
friend or
acquiesced by
acquiesced by the
the privilege
privilege holder
holder interpreter).
interpreter).
before trial
before trial 2. Where the confession is not made in the
2. Where the confession is not made in the
•● Where
Wherethethepatient
patientexamines
examines the course of religious discipline.
course discipline.
physician as
physician as to
to matters disclosed in
matters disclosed in 3. When there is waiver.
3. When there is waiver.
aa consultation
•●ByByrequesting
requesting and and obtaining
obtaining a Public Of
5. Public Officers
cers
report of
report of the
the physical
physical or mental
mental
examination so ordered
examination so ordered by the by the
Requisites
Requisites
Court under
Court under Rule
Rule 28 28 examiner
examiner
1. The
1. Thecommunication
communicationwas wasmade
made to
to a public
● ByBycontract
contractas as ininmedical
medical or life
officer
of cer inin of
official confidence
cial con dence
insurance.
insurance.
2. Public interest, as determined by the

Duration of privilege
2. Pubit,
Court, interests
would sufferde bytre
thedis sy ther
disclosure of
such communication
such communication made made during
during or
or
The privilege
The privilege survives
survives the
the death
death of
of the patient
after his
after his tenure
tenure [Sec.
[Sec. 24
24 (e),
(e), Rule
Rule 130].
130].
[Peralta].
[Peralta].

Hospital Records During


Hospital Records During Discovery
Discovery Duration of privilege
privilege
The privilege
The privilege applies
applies during
during and
and after
after the
the tenure
tenure
Procedure
Procedure
of the
of the public
public of
officer
cer [Sec. 24
24 (e),
(e), Rule
Rule 130].
130].
To allow
To allow the
thedisclosure
disclosure during
during discovery
discovery
procedure of
procedure hospital records
of the hospital records would
would be
be to
to
Presidential
6. Presidential Communications
Communications
allow access
allow access to evidence
evidence that
that isis inadmissible
inadmissible
without the
without the patient's
patient’s consent.
consent. Disclosing
Disclosing them
them
Privilege
Privilege
would be
would be the
the equivalent
equivalent ofof compelling
compelling the
the
physician to
physician testify on
to testify on privileged
privileged matters
matters he Elements
Elements
gained while
gained while dealing
dealing with
with the
the patient,
patient, without
without the
the 1. Must
1. Mustrelate
relatetotoaa"quintessential
“quintessential and
and non-
non-
latter’s prior
latter's prior consent [Chan v.
consent [Chan v. Chan,
Chan, G.R.
G.R. No.
No. delegable presidential
delegable presidentialpower;”
power;"
179786 (2013)].
179786 (2013)]. 2. Must
2. Must bebe authored
authored or
or "solicited
“solicited and
and
received” by
received" by aa close
close advisor
advisor of of the
the
Priest-Penitent
4. Priest-Penitent President or the President
President Presidenthimself;
himself;and
and

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Noadequate
3. No adequate showing
showing of of aacompelling
compelling
person
person or
or by
by one
one parent
parent against
against the
the other.
other.
need that would
need would justify
justify the limitation
limitation of
of
(25a)
(25a)
privilege and
the privilege and of the unavailability
unavailability of
of
the information
the information elsewhere
elsewhere by an
by an Sec.
Sec. 26.
26. Privilege
Privilege Relating
Relating to Trade Trade
appropriate investigating
appropriate authority [Neri
investigating authority [Neri Secrets. -—
Secrets. A Aperson
personcannot
cannotbe becompelled
compelled
v.
V. Senate,
Senate, G.R.
G.R. No.
No. 180643
180643 (2008)]
(2008)].. testify about
to testify about any
any trade
trade secret,
secret, unless
unless
non-disclosure will
the non-disclosure conceal fraud
will conceal fraud or
Purpose
Purpose otherwise work injustice.
otherwise work injustice. When
When disclosure
disclosure
The privilege
The privilege is is not
not intended
intended for
for the
the protection
protection of
of is directed,
is directed, thethe court
court shall
shall take
take such
such
public
public officers
of cers but but for
for the
the protection of the
protection of the public
public protective
protective measure
measure asas the
the interest
interest of
of the
interest. When
interest. When no no public
public interest
interest would
would be be owner
owner ofof the
the trade
trade secret
secret and
and of
of the
the parties
parties
prejudiced, this
prejudiced, privilege cannot
this privilege cannot be be invoked
invoked and
and the
the furtherance of justice
furtherance of justice may
may require.
require.
[Banco Filipino
[Banco Filipino v. Monetary Board,
v. Monetary Board, G.R.
G.R. No.
No. L-
L-
70054
70054 (1986)].
(1986)]. a. Parental
a. Parental and
and Filial Privilege
Privilege
The president
The president and
and those
those who
who assist
assist him
him must
must bebe
free to
free to explore
explore alternatives
alternatives in process of
in the process of General Rule
General Rule
shaping policies
policies and person shall
No person shall be
be compelled
compelled to
to testify
testify against
against
shaping and making
making decisions
decisions and
and to
to do
do
so his or
his or her
herparents,
parents, other
otherdirect
directascendants,
ascendants,
so in a way
in a way many
many would
would bebe unwilling
unwilling to
to express
express
children or other
children other direct
direct descendants.
descendants.
privately, [US
except privately,
except [US v. Nixon, 418
v. Nixon, 418 U.S.
U.S. 683
683
(1973), cited
(1973), cited in Almonte
Almonte v.v. Vasquez,
Vasquez, G.R.
G.R. No.
No.
95367 (1995)].
95367 (1995)]. Exception
Exception
Such testimony
Such testimony is indispensable
indispensable in
in aa CRIME
CRIME
7. Deliberative Process
7. Deliberative Process Privilege
Privilege against that person
against person or
or by one parent
parent against
against the
the
other [Sec.
other [Sec. 25,
25, Rule
Rule 130].
130].
Advisory opinions,
Advisory opinions, recommendations, and
recommendations, and The privilege
The privilege under
under the
the provision
provision mentioned
mentioned
deliberations comprising
deliberations comprisingpart
part of process by
of a process
governmental decisions
which governmental decisions and policies are
and policies
applies
applies only
only to
to direct
directascendants
ascendants and
and
descendants, a
descendants, a family
family tie
tie connected
connected by
by aa common
common
formulated are
formulated are privileged.
privileged. The
The interchange
interchange ofof
ancestry. A stepdaughter
ancestry. stepdaughter hashas nono common
common
advice could
advice could be stifled
be sti ed if courts
courts forced
forced the
the
ancestry by
ancestry by her stepmother.[Lee
her stepmother. [Leev.v. Court
Courtofof
government to
government to disclose
disclose those
those recommendations.
recommendations.
Appeals, G.R.
Appeals, G.R. No.
No.177861
177861(2010)]
(2010)]
Thus, the privilege
Thus, privilege is
is intended
intended "to prevent the
"to prevent the
'chilling' of
'chilling' of deliberative communications. [DFA
deliberative communications. [DFAv.
v.
AA child
child can
can waive
waive the
the filial privilege and
lial privilege and choose
choose to
to
BCA International
BCA Corporation, G.R.
International Corporation, G.R. No.
No. 210858
210858
testify against
testify against his
his father.
father. The
The rule
rule refers
refers to
to aa
(2016)].
(2016)].
privilege not to testify,
privilege testify, which
which cancan be invoked
invoked or
or
privileges [People
waived like other privileges
waived [Peoplev.v. Invencion
Invencion
TestimonialPrivilege
8. Testimonial Privilege [Secs.
[Secs. 25-26]
yy Soriano,
Soriano, G.R.
G.R. No.
No. 131636
131636(2003)].
(2003)].

Sec. 25. Parental


Sec. Parental and
and Filial
Filial Privilege.
Privilege. b. Trade
b. Trade Secrets
Secrets
— No person
— No shall
person bebecompelled
shall compelledtototestify
testify
against his
against his or her parents,
or her parents, other
other direct
direct General Rule
Rule
ascendants, children
ascendants, childrenoror other direct
other direct AA person
person cannot
cannot be
be compelled
compelled to
to testify
testify about
about
descendants, except
descendants, except when
when such
such testimony
testimony any trade
any trade secret.
indispensable in1 aa crime
is indispensable crime against
against that
that

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REMEDIAL LAW

Exception transaction to
transaction to the
the Anti-Money
Anti-Money Laundering
Laundering Council
Council
Non-disclosure will
Non-disclosure conceal fraud
will conceal otherwise
fraud or otherwise arebarred
are barred from
from disclosing
disclosing the
the fact
fact of
of such
such report,
report,
injustice.
work injustice. that such
that such report
report was
was made,
made, and
and other
other related
related
information [Sec.
information [Sec. 66 of
of R.A.
R.A. 9194
9194 amending
amending R.A.
R.A.
When disclosure
When disclosure isis directed,
directed, the court shall take 9160].
9160].
such protective
such protective measures
measuresas asthe
the interest
interest of
of the
the
owner of
owner of the
the trade
trade secret
secret and of the parties andand d. Bank
d. Bank Deposits
Deposits
the furtherance
the furtherance of justice
justice may
may require [Sec.
[Sec. 26,
26,
Rule 130].
Rule 130]. General Rule
General Rule
Bank deposits
Bank deposits in
in any
any bank
bank or banking institution
or banking institution
OtherPrivileged
9. Other Privileged Communication
Communication ininthe
thePhilippines,
Philippines, including
including investments
investments in in bonds
bonds
Not in the Rules
Rules ofof Court
Court issued by
issued by the
the government
government areare strictly
strictly confidential
con dential
a. Newsman's
a. Newsman’s Privilege
Privilege and cannot
and cannot be looked
looked into.
into.

General Rule Exceptions


Publisher, editor
Publisher, editor or accredited reporter
or duly accredited reporter of 1. Upon
1. Upon consent
consent or
or permission
permission of the
of the
any newspaper,
any newspaper, magazine
magazine oror periodical
periodical of
of general
general depositor / account
depositor account holder;
holder;
circulation cannot
circulation cannot be compelled to
be compelled reveal the
to reveal the 2. Impeachment
2. Impeachment cases;
cases;
source of any
source any news-report
news-report or or information
information 3. Upon
3. Uponorder
orderofofaacompetent
competentcourt
courtin
in cases
cases
appearing in
appearing in said
said publication
publication which
which was
was related
related in
in of bribery
of bribery and dereliction
dereliction of
of duty;
duty; or
confidence
con dence to
to such
such publisher,
publisher, editor
editor or
or reporter.
reporter. 4. Money
4. Moneydeposited
deposited is is the
the subject
subject matter
matter of
of
the case
the case [Sec.
[Sec. 2,2, R.A.
R.A. 1405].
1405].
Exception
Court or
Court or aa House
House // Committee
Committee of
of Congress
Congress finds
nds e. Foreign
Foreign Currency
Currency Deposits
Deposits
that such
that such revelation
revelation is demanded
demanded by
by security
security of
of
the State.
the State. General Rule
General
All foreign
All foreign currency
currency deposits
deposits are
are con
confidential and
dential and
NOTE: This
NOTE: This is
is without prejudice
prejudice to liability
to his liability cannot be
cannot be examined,
examined, inquired
inquired or
or looked
looked into
into by
under the civil
under civil and
and criminal
criminal laws
laws [R.A.
[R.A. 53,
53, as any person,
any person, government
government official,
of cial, bureau
bureau oror office
of ce
amended
amended by
by R.A.
R.A. 1477].
1477]. administrative or legislative,
whether judicial or administrative legislative,
or any
or any other
other entity
entity whether
whether public
public or
or private.
private.
b. Information
b. Informationin
inConciliation
Conciliation
Proceedings Exception
Exception
Upon the written
Upon written permission
permission of the depositor
of the depositor
All information
All information and
and statements
statements made
made at
at [Sec. 8,
[Sec. 8, R.A.
R.A. 6426].
6426].
conciliation proceedings
conciliation proceedingsshall
shallbe treated as
be treated as
privileged communications
privileged communications [Art. 239(233), Labor
[Art. 239(233), Labor f.f. Data
DataPrivacy
Privacy Act
Act
Code].
Code].
Personal information
Personal information controllers
controllers may
may invoke
invoke the
the
Anti-Money Laundering
c. Anti-Money Laundering Act
Act of
of principle of privileged communication over
2011
2011 privilegedinformation
pridege information that they lawfully
tha they control
lavily contre
or process.
or process. Subject
Subject to existing laws
to existing laws andand
Institutions covered
Institutions covered by
by the officers
the law and its of cers regulations, any
regulations, any evidence
evidence gathered
gathered onon privileged
privileged
and employees
and employees who
who communicate
communicate aa suspicious
suspicious information is
information is inadmissible
inadmissible [Sec.
[Sec. 15,
15, RA
RA 10173].
10173].

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REMEDIAL

•●Made
Made
outout
ofof court(Those
court (Thosemade
made in
in court
court
Food and
g. Food and Drug Administration Act
Act are judicial
are judicial admissions
admissions governed
governed by
by Sec.
Sec.
4, Rule
4, Rule 129)
129) [2[2 Regalado
Regalado 754,
754, 2008
2008 Ed.].
Ed.].
Prohibits the
Prohibits the use
use ofof a
a person
person to his own
to his own
advantage, oror revealing,
advantage, revealing,other
otherthan
than to the
to the Requisites for
Requisites for Admissibility
Admissibility
Secretary of
Secretary
the
Health or
of Health
Department of
the Department
officers
or of
Health or
of Health
or employees
cers or
to the
or to
employees of
the courts
courts when
when
of •They
●
●
They must involve matters of fact;
They must involve matters of fact;
They must be categorical and definite;
must be categorical and de nite;
relevant in
relevant in any
any judicial
judicial proceeding
proceeding under
under this Act,
this Act, ● Offered only
Offered only against
against the
the admitted
admitted
any information
any information acquired
acquired under
under authority
authority Board
Board [Herrera, 370,
[Herrera, 370, 1999
1999ed.]
ed.]
of Food
of Food Inspection
Inspection andand Board
Board of Food and
of Food and Drug,
Drug,
or concerning
or concerning anyany method
method or or process
process which
which asas a
a Effect of
Effect of an
an Admission
Admission
trade secret
trade secret is
is entitled to protection
entitled to protection [Secs.
[Secs. 9,
9, 11
11 ItItmay
maybebe given
given in
in evidence
evidence against
against the
the admitter
admitter
(f) and 12,
(f) and 12, RA
RA 3720].
3720]. [Sec. 27,
[Sec. 27, Rule
Rule 1301.
130].

Rationale
Rationale
10.
10.Admissions
Admissions and Confessions [Secs.
and Confessions [Secs. No man
No man would
would make make any
any declaration
declaration against
against
27-34]
27-34] himself unless
himself unless itit is
is true [Republic v.
true [Republic Bautista, G.R.
v. Bautista, G.R.
No. 169801
No. 169801 (2007)].
(2007)].
Sec. 27.
Sec. 27. Admission
Admission of
of a Party. —
— The
The
NOTE: Flight
NOTE: Flight from
from justice
justice is an
an admission
admission by
by
act, declaration or
act, declaration or omission
omission of
of aaparty
partyasasi
conduct and
conduct and circumstantial
circumstantial evidence
evidence of
of
to a relevant
to a relevant fact
fact may
may be
be given
given in
in evidence
evidence
against consciousness of
consciousness guilt [US
of guilt [US v. Sarikala, G.R.
v. Sarikala, G.R. No.
No.L-
L-
against him
him or
or her. (26a)
her. (26a)
12988 (1918)].
12988 (1918)].

Concept
Concept Distinguish: Judicial
Judicial v.
v. Extrajudicial
Extrajudicial
Any statement
Any of fact
statement of fact made
made by by aa party
party against
against his
his Admissions
Admissions
interest or unfavorable
interest unfavorable to the conclusion
to the conclusion forfor
which he
which he contends
contends or is inconsistent
or is inconsistent with the
with the Judicial
Judicial Extrajudicial
facts alleged
facts alleged by
by him
him [2[2 Regalado
Regalado 754,754, 2008
2008 Ed.,
Ed.,
When // Where
When Where made
made
citing 31
citing 31 C.J.S.
C.J.S. 1022].
1022].

AA statement
statement byby the
the accused,
accused, direct
direct or
or implied,
implied, of
of General Rule:
General Rule: General Rule:
General Rule:
In the
In the course
course of
of the
the Outside of
Outside of court
court
facts pertinent
facts pertinent to the issue,
to the issue, and
and tending
tending in in
proceedings in
proceedings in the
the
connection with
connection proof of
with proof of other
other facts,
facts, to
to prove
prove his
his same case
same case Exception:
Exception:
[People v.
guilt [People
guilt v. Lorenzo,
Lorenzo, G.R.
G.R. No.
No. 110107
110107 Superseded pleading
Superseded pleading
(1995)].
(1995)]. Exception
Exception [Sec. 8,
[Sec. 8, Rule
Rule 101.
10].
Depositions may
Depositions may be
be aa
Elements source of
source of judicial
judicial
admissions, although
admissions, although
•●TheThe act,
act, declarationor
declaration oromission
omission
done out
done out of
of court
court
•●Of Of a party
a party ororbybyone
onewhom
whomheheisis legally
legally
bound
bound Need for
Need foroffer
offer
● As to a relevant fact
: ●As anst
Against
eishis
or or
herher interest(See.
interest [Sec. 27,
27, Rule
Rule Does not
Does require
not require Must still be formally
Must formally
130] proof [Sec. 4, Rule
proof [Sec. 4, Rule offered in evidence
offered evidence

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129]
129] (Note the
(Note the language
languageofof As to
As to form
form
Sec. 27,
Sec. 27, Rule
Rule130
130isis
“may be
"may be given
given in
in
Immaterial, as itit may
Immaterial, Must be
may Must be express
express
evidence”)
evidence
be written, oral,
be oral,
Admissibility
Admissibility express, or
express, or implied
implied

As to
As source of
to source of the
the admission/confession
admission/confession
Evidence against
Evidence againstthethe May
May be admitted as
be admitted as
one who made
one made itit and
and evidence
evidence against
against the
the
May be
May be aa party
party or
or aa Only the
Only the party,
party, but
but
is binding
is binding upon
upon him
him one who
one who made
madeit,it, but
but
third person
third person that
that can
can may be
may beequally
equally
not binding
not binding
prejudice aa party
prejudice party in
in admissible against
admissible against co-
co-
As to
As to conclusivity
conclusivity certain instances
certain instances defendants in
defendants in some
some
cases
cases

May be
May be conclusive
conclusive Rebuttable
Rebuttable by
by the
the
unless contradicted
unless contradicted party
party who made the
who made the NOTE: In
NOTE: other words,
In other words, an
an admission
admission is
is
by
by aa showing
showing that
that (i)
(i) admission.
admission. something less
something less than
than aa confession,
confession, and
and isis but
but an
an
itit was
was made
made through
through acknowledgment of
acknowledgment some fact or
of some or circumstance
circumstance
palpable mistake
palpable mistake oror which in itself
which itself isis insuf
insufficient authorize aa
cient to authorize
that (ii)
that (ii) the
the imputed
imputed conviction, and
conviction, and which
which tends
tends only
only to
to establish
establish thethe
admission was
admission was not
not in
in
ultimate fact
ultimate fact of
of guilt [People v.
guilt [People v. Lorenzo,
Lorenzo, G.R.
G.R. No.
No.
fact made
fact made [Sec.
[Sec. 4,
4,
Rule 129]
Rule 129] 110107
110107 (1997)].
(1997)].

Requirement
Requirement as
as to
to form
form Distinguish: Extrajudicial Admission
Admission v.
v.
Self-serving Declaration
Self-serving Declaration 7

May be
May be written, oral, express,
written, oral, express, or
or implied
implied [Sec.
[Sec.
4, Rule
4, Rule 129;
129; Sec.
Sec. 27, Rule 130]
27, Rule 130]
Extrajudicial Self-serving
Self-serving
Admission
Admission Declaration
As
As to
to quality
qualityof
ofstatement
statement
Distinguish: Extrajudicial Admission
Admission v.
v.
Extrajudicial Confession
Confession 6

Prejudicial to
Prejudicial to the
the Favorable to
Favorable to the
the
Extrajudicial Extrajudicial interest of
interest of the
the interest of
interest of the
the
Admission Confession proponent
proponent proponent
proponent
Confession
Legal Basis
Legal Basis Admissibility
Admissibility

Secs. 27
Secs. 27 and
and 33,
33, Rule Sec.34,
Rule Sec. 34,Rule
Rule 130 Admissible
Admissible Inadmissible
Inadmissible
130
130
Nature of
Nature of statement
statement NOTE: The
NOTE: The common
common objection
objection known
known as
as
'self-serving' is not
‘self-serving’ is not correct
correct because all
because all
Involves only
Involves only an
an Assumes recognition
Assumes recognition testimonies
testimonies are self-serving. The
are self-serving. The proper
proper
acknowledgment of
acknowledgment of aa of
of guilt
guilt basis for objection
basis objection isis‘hearsay’.
'hearsay'.
factual statement
factual statement Self-serving statements
Self-serving statements areare inadmissible
inadmissible because
because
the adverse
the adverse party
party is
is not
not given
giventhe
theopportunity
opportunityfor
for

Peralta, 375-376,
66 Peralta, 375-376, 2020
2020 Ed.
Ed. 7
Peralta, 376-377, 2020 Ed.
7 Peralta, 376-377, 2020 Ed.
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cross-examination, and
cross-examination, and their admission would
their admission would An offer of compromise
An compromiseisisnot notan
anadmission
admissionof of
encourage fabrication
encourage fabrication of
of testimony.” [Hernandez
testimony." [Hernandez any liability,
any liability, andisisnot
and notadmissible
admissible in
in evidence
evidence
v. CA,
v. CA, G.R.
G.R. No.
No.104874
104874(1999)]
(1999)] against the
against the offeror.
offeror. Neither
Neither is
is evidence
evidence of
ofconduct
conduct
nor statements
nor statements made
made in
in compromise
compromise negotiations
negotiations
Offer of
of Compromise admissible.
admissible.

Sec. 28.
Sec. 28. Offer
Offer of
of Compromise
Compromise Not
Not NOTE: An
NOTE: An offer
offer to pay, or
to pay, or the
the payment
payment of
of
Admissible. -—InIncivil
Admissible. civilcases,
cases, an
an offer
offer of
of medical, hospital,
medical, hospital, or
or other
other expenses
expenses occasioned
occasioned
compromise isis not
compromise an admission
not an admission of any
of any
by an
by an injury,
injury, isisnot
notadmissible
admissible in
in evidence
evidence as
as
liability, and
liability, and isis not
notadmissible
admissible in
in evidence
evidence
proof of
proof of civil
civil or
or criminal
criminal liability
liability for
for the
the injury.
injury.
against the
against the offeror. Neither is
offeror. Neither is evidence
evidence of of
conduct
conduct nor nor statements
statements mademade in in
compromise negotiations
compromise negotiations admissible,
admissible, Exceptions (thus
Exceptions (thus admissible)
admissible)
except evidence
except evidence otherwise
otherwise discoverable
discoverable oror i ● Evidence otherwise discoverable
offered for
offered for another
another purpose,
purpose, suchsuchasas : ●Evidence
Evidence offeredfor
othere foriscover
anotherpurpose,
purpose, as
as
proving
proving biasbias or prejudice of aa witness,
or prejudice witness, when
negativing aa contention
negativing contention of of undue
undue delay,
delay, or
or •○proving
provingbiasbias ororprejudice
prejudice of
of a
proving an
proving an effort obstruct a
effort to obstruct criminal
a criminal: witness
witness
investigation
investigation or or prosecution.
prosecution. •○negativing
negativing a acontention
contentionofof undue
undue
delay
delay
In criminal
In criminal cases,
cases, except
except those involving
involving •○proving
provingananeffort
effortto
toobstruct
obstruct aa
quasi-offenses (criminal
quasi-offenses negligence) or
(criminal negligence) criminal investigation
criminal investigation or or
those
those allowed
allowed by law to
by law to be
be compromised,
compromised, prosecution.
prosecution.
offer of
an offer ofcompromise
compromise by by the
the accused
accused
may
may be received in
be received evidence as
in evidence as an implied
an implied In Criminal
In Criminal Cases
Cases
admission
admission of
of guilt.
guilt.
General Rule
General Rule
A plea
A plea of
of guilty
guilty later
later withdrawn
withdrawn or an
an
unaccepted compromise by
An offer of compromise by the
the accused
accusedmay
may be
be
unacceptedofferofferofof aa plea
plea of of guilty
guilty toto a
lesser
lesser offense
offense is
is not
not admissible
admissible in in evidence
evidence received in evidence
received in as an
evidence as an implied
implied
against
against the accused who
the accused who made
made the the plea
plea or
or admission of
admission of guilt.
guilt.
offer. Neither
offer. Neither is
is any
any statement
statement made
made in in the
the
course of
course plea bargaining
of plea bargaining with with the the Exceptions (thus
Exceptions (thus inadmissible)
inadmissible)
prosecution, which
prosecution, which does
doesnot
notresult
resultininaaplea
plea ● A plea of guilty later withdrawn
of guilty
of guilty or
or which
which results
results in
in aa plea
plea of
of guilty
guilty :●A eat
An unaccepted
guly lateroffer of a plea
ortarea ofofguilty
guilty to
to
later withdrawn,
later withdrawn, admissible.
admissible. aa lesser
lesser offense
offense
● Statements
Statementsmade made during
during plea
plea bargaining
bargaining
An offer
An offer to pay, or
to pay, or the
the payment
payment ofof medical,
medical, that does
that does not
not result
result in
in a
a plea
plea of
of guilty
guilty
hospital or
hospital or other
other expenses
expenses occasioned
occasionedby by ● Statements
Statementsmade madeduring
during plea
plea bargaining
bargaining
an injury,
an injury, is
is not
not admissible
admissible in
in evidence
evidence asas which results
which results inin aa plea
plea of guilty later
of guilty later
proof
proof of civil or criminal
of civil criminal liability
liability for the
for the withdrawn
•
withdrawn
injury. (27a)
injury. (27a) ● AnAnoffer
offertotopay,
pay,ororthe thepayment
payment of of
medical, hospital,
medical, hospital, or other
other expenses
expenses
In Civil
In Civil Cases
Cases occasioned by
occasioned by an
an injury
injury
•●Those
Those involvingquasi-offenses
involving quasi-offenses (criminal
(criminal
General Rule
General Rule negligence under
negligence Art. 365
under Art. 365 of
of the
the Revised
Revised
Penal Code)
Penal Code)

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•●Those
Those allowed
allowed byby law
law to
to be
be The
The rights
rights of a party
of a party cannot
cannot be
be prejudiced
prejudiced by
by an
an
compromised, such
compromised, such as as those involving
those involving act, declaration,
act, declaration, or
or omission
omission of
of another
another [Sec.
[Sec. 29,
29,
•○Crimes
Crimes wherewhere payment
payment may may Rule 130].
Rule 130].
prevent criminal
prevent criminal prosecution
prosecution or or
may extinguish
may extinguish criminal
criminal liability;
liability; Effect
Effect
•○Crimes
Crimesagainst
against property
property under under Admission by
Admission byaa third
third party
partyisis inadmissible as
inadmissible as
Title 10
Title 10 ofofthe theRevised
Revised PenalPenal against another.
against another. The
The act,
act, declaration
declaration or
or omission
omission
Code, where
Code, where the obligation may
the obligation may of another
of another is
is generally
generally irrelevant,
irrelevant, and
and that
that in
be civil in nature;
be civil in nature; justice, a person should not be bound by the acts
justice, a person should not be bound by the acts
•○Crimes
Crimes againsthonor
against honor under
under Title of mere
of mere unauthorized
unauthorized strangers.
strangers.
13 of
13 of the
the RPC,
RPC, where
where thethe liability
liability
may
may be civil in nature;
civil in nature; Exceptions (hence
(hence admissible)
admissible)
○ Libel
Libelunder
underRepublic
Republic Act Act No. No. ● Admission by Co-Partner or Agent
10175 where the liability may be
10175 where the liability may be ● Admission
Admissionby
byConspirator
Conspirator
civil in
civil in nature;
nature; ● Admission
Admission by Privies
by Privies
○ Criminal
Criminal negligence
negligence under under TitleTitle
14 of
14 of the
the RPC,
RPC, where
wherethe theliability
liability
maybebecivil
may civil ininnature;
nature;and and Basis for Exception
○ Intellectual
Intellectual property
property rights
rights cases
cases AA third
third party
party may
may bebe so
so united
united in
in interest
interest with
with the
the
where the
where the liability
liability may
may be be civil
civil in
in party-opponent that
party-opponent the other
that the other person's
person’s
nature.
nature. admissions may
admissions may be receivable against
be receivable against the
the party
party
himself. The
himself. The term “privy” is
term "privy" is the
the orthodox
orthodox
Res Inter
Res Inter Alios
Alios Acta
Acta catchword for
catchword for the
the relation.
relation.

Concept: A
A stranger cannot
cannot bind
bind aa NOTE: The
NOTE: res inter
The res inter alios
alios acta
acta rule
rule only
only applies
applies
stranger.
stranger. to extrajudicial
to extrajudicial declarations
declarations (admissions
(admissions andand
The rule
The rule is short for
is short “res inter
for "res inter alios
alios acta
acta alteri
alteri confessions). However,
confessions). However, when when thethe declarant
declarant
nocere non
nocere non debet
debet"” –- "a
“a thing
thing done
done between
between some
some repeats his
repeats his extrajudicial
extrajudicial declaration
declaration inin open
open court
court
does not
does not harm
harm or or bene
benefitt others"
others” (Latin
(Latin and
and his co-accused are
his co-accused are given
given the
the opportunity
opportunity to
to
translation)
translation) cross-examine him,
cross-examine declaration becomes
him, the declaration becomes
admissible
admissible against the co-accused.
against the co-accused.
Rationale
Rationale
“Manifestly unjust,
"Manifestly unjust, that
that aa man
man should
should be
be bound
bound By Co-Partner
Co-Partner or
or Agent
acts of unauthorized
by the acts strangers" [Herrera,
unauthorized strangers” [Herrera,
Sec.
Sec. 30.
30. Admission
Admission by
by Co-Partner
Co-Partner or
citing
citing 55 Moran,
Moran, citing
citing Stark
Stark on
on Evidence].
Evidence].
Agent. -—The
Agent. Theact
actorordeclaration
declaration of
of a
partner
partner or
or agent
agent authorized
authorized by by the
the party
party toto
Sec.
Sec. 29. Admission by
29. Admission by Third
ThirdParty.
Party.- — make
make aa statement
statement concerning
concerning the subject,
the subject,
The rights
The rights of a party
of a party cannot
cannot be
be prejudiced
prejudiced or
or within the scope
within the scope ofof his
his or
or her
her authority,
authority,
by an
by an act,
act, declaration,
declaration, or
or omission
omission ofof and
and during
during the
the existence
existence ofof the
the partnership
partnership
except as
another, except as hereinafter
hereinafter provided.
provided. or agency, may
or agency, may be be given
given ininevidence
evidence
(28) against
against such
such party
party after
after the
the partnership
partnership or or
agency
agency isis shown
shown by evidence other
by evidence than
other than
such act
such act oror declaration.
declaration. The
The same
same rulerule
General Rule
Rule applies
applies to
to the
the act
act or declaration of
or declaration of aa joint
joint

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be aa subsisting
subsisting one
one unless
unless for admission to
for the admission to
owner,
owner, joint
joint debtor, or other
debtor, or other person
person jointly
jointly
be admissible [Herrera].
be admissible [Herrera].
interested
interested with
with the
theparty.
party. (29a)
(29a)
By
By Conspirator
Conspirator
Requisites
Requisites
•● Evidence
Evidence ofofthe
thepartnership
partnership or
or agency
agency Sec. 31.
Sec. 31. Admission
Admissionby
byConspirator.
Conspirator.—-
independent fromthe
independent from the act
act or
or declaration of a conspirator
The act or declaration conspirator in
furtherance of
furtherance conspiracy and
of the conspiracy and during
during

• declaration;
declaration;
● Authority
Authorityfrom
statement on
statement
fromthe
on the
theparty
party to
the subject
to make
subjectoror the
make a
the act
act or
or
its existence
its existence may
against the
against
may bebe given
given in
the co-conspirator
in evidence
co-conspirator after
conspiracy isis shown
conspiracy shown by
evidence

evidence other
by evidence
the
after the
other
declaration was
declaration waswithin
withinthe
the scope
scopeof of
than such
than such act
act of
of declaration.
declaration. (30a)
(30а)
the authority;
authority;
•●Existence
Existenceofofthe
thepartnership
partnership or agency
agencyat at
the time of the
and
•●Such
Suchact
the act
act or

actorordeclaration
or declaration;
declaration;

declaration shall
shallpertain
pertain to
to
•
Requisites
Requisites
● Evidence
Evidence aliunde
source) of
source)
aliunde (from
of the
(from another
conspiracy apart
the conspiracy
another
apartfrom
from
matters
matters subject
subject of the partnership
partnership the
the act
act or or declaration
declaration of of the
the
agency.
or agency. conspirator;
conspirator;
● Admission
Admission isis in furtherance of
in furtherance the
of the
Exception
Exceptionto Exception to RIAA
to the Exception RIAA conspiracy; and
conspiracy; and
(hence inadmissible) ● Admission
Admissionwas
was made
made while the declarant
while the declarant
As aa rule,
As statements made
rule, statements made after
after the
the partnership
partnership was engaged in
was engaged carrying out
in carrying out thethe
has been
has been dissolved
dissolved do
do not
not fall within the
fall within the conspiracy (during
conspiracy (during the existence of
the existence of the
exception, but
exception, butwhere
where the admissions are
the admissions conspiracy).
conspiracy).
made in
in connection
connection with
with the
the winding
winding up
up of
of
the partnership
the partnership affairs,
affairs, said
said admissions are NOTE:
NOTE:
still admissible
still admissibleas
asthe
thepartner
partnerisisacting
acting as
as an
an ● Conspiracy
Conspiracy needneed not established by
not be established
agent of his
agent his co-partners
co-partners inin said
said winding
windingup up [2
[2 direct evidence
direct evidence of of the acts
acts charged,
charged, butbut
Regalado 759,
Regalado 759, 2008
2008 Ed.].
Ed.]. may and
may and generally
generally must
must be be proved
proved byby aa
number of
number of inde
indefinite acts, conditions
nite acts, conditions and
and
NOTE:
NOTE: ThisThis rule
rule also
also applies
appliestoto the act or
the act or circumstances which
circumstances which vary according to
vary according
declaration of
declaration of aa joint
joint owner,
owner, joint
joint debtor,
debtor, or
or other
other the purpose
the purpose to to be
beaccomplished.
accomplished. The The
persons jointly
persons interested with
jointly interested the party
with the party [Sec.
[Sec. 30,
30, very existence
very existence of of aa conspiracy
conspiracy is is
Rule 130].
Rule 130]. generally aa matter
generally matter of ofinference
inference deduced
deduced
fromcertain
from certainacts
acts of
of the
the persons
persons accused,
accused,
Inthis
In thiscase,
case, The
The word "joint"
“joint” must
must be
be construed
construed done in
done in pursuance
pursuance of of anan apparently
apparently
according to
according meaning in the
to its meaning the common
common law
law criminal or
criminal or unlawful
unlawful purpose
purpose in in common
common
system, that is,
system, for the whole [Jaucian
is, in solidum for [Jaucian between them
between [People v.
them [People v. Belen,
Belen, G.R.
G.R. No.
No.
v. Querol, G.R.
v. Querol, G.R. No.
No. 11307
11307 (1918)].
(1918)]. L-13895
L-13895 (1963)].
(1963)].
● This
This does
does not apply to testimony
not apply testimony
A mere
A mere community
community ofofinterests
interests (solidary)
(solidary) givenon
given onthethestand [Peoplev.v.Serrano,
stand[People Serrano,
between several
between several persons
persons is
is not
not sufficient
suf cient to
to make
make G.R. No.
G.R. No. L-7973
L-7973(1959)]
(1959)]ororatat trial
trial
theadmissions
the admissions ofof one
one admissible
admissible against
against all.
all. Just
Just where the party adverselyadversely affected
affected
like in
like in partnership
partnership and agency, the interest mustmust has
has thethe opportunity
opportunity to to cross-
cross-
[People v.
examine [People
examine v. Palijon,
Palijon, G.R.
G.R. No.
No.
123545 (2000].
123545 (2000].
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● As
Asregards
regardsextrajudicial
extrajudicialadmissions
admissions (1978),
(1978), People
People v. Tuniaco,
Tuniaco, G.R.
G.R. No.
No.
AFTER
AFTER termination
termination of the conspiracy,
of the conspiracy, 185710 (2010)].
185710 (2010)]. Thus,
Thus, interlocking
BUT
BUT BEFORE
BEFOREtrial, trial,generally
generallythey
they are
are confessions may
confessions may also
also be used as
be used
[People v.
inadmissible [People
inadmissible v. Badilla,
Badilla, G.R.
G.R. evidence
evidence aliunde
aliunde to
to prove
prove
No.
No. 23792
23792 (1926); People v.
(1926); People Yatco, G.R.
v. Yatco, G.R. conspiracy.
conspiracy.
No.
No. L-9181
L-9181 (1955)]. EXCEPT when
(1955)]. EXCEPT when ● The
Theevidence
evidence adduced
adduced in court by
in court by the
○ Made
Madeininthe thepresence
presence of the co- conspirators as
conspirators witnesses are
as witnesses not
are not
conspirator
conspirator who
who declarations of
declarations conspirators, but
of conspirators, but direct
direct
expressly/impliedly agreed
expressly/impliedly agreed (tacit
(tacit testimony to
testimony the acts
to the acts to
to which
which they
they
admission).
admission). testify. This
testify. This is
is applicable
applicable only
only when
when itit is
○ Facts
Facts in admission are
in admission are confirmed
con rmed sought
sought to to introduce
introduce extrajudicial
extrajudicial
the independent
in the independent extrajudicial
extrajudicial declarations and
declarations and statements
statementsof of the
the co-
confessions made
confessions madeby by the co-
the co- conspirators [Herrera,
conspirators [Herrera, citing
citing People
Peoplev.v.
conspirators
conspirators afterafter apprehension
apprehension Vizcarra, G.R.
Vizcarra, G.R.No.No.L-38859
L-38859(1982)].
(1982)].
[People V.
[People v. Badilla,
Badilla, G.R.
G.R. No.
No.
23792 (1926)].
23792 (1926)]. By Privies
○ •As
Asaacircumstance
circumstance to to determine
determine
credibility
credibility of of a
a witness [People v.
witness [People v. Sec. 32. Admission
Sec. 32. by Privies.
Admission by Privies.—-
Narciso, G.R.
Narciso, G.R. No. No. L-24484
L-24484 Where one
Where one derives
derives title property from
title to property from
(1968)].8
another, the
another, the latter's
latter's act,
act, declaration,
declaration, or
(1968)7.8
omission,
omission,inin relation
relation to property, is
to the property, is
○ Circumstantial
Circumstantialevidence
evidence to show show
evidence
evidence against
against the
the former
former if done while
if done while
the probability
the probability of the latter's
of the latter’s
the latter
the latter was
was holding the the title.
title. (31a)
(31a)
participation [2
participation [2 Regalado
Regalado 761, 761,
2008 Ed.].
2008 Ed.].
•●According
According totothethedoctrine
doctrineofofinterlocking
interlocking Who are privies?
confessions, extrajudicial
confessions, extrajudicial statements
statements of of Persons who
Persons who are
are partakers
partakers or
or have
have an
an interest in
interest in
co-accused may
co-accused may be be taken taken as as any action
any action or thing,
thing, or any
any relation
relation to another
another
circumstantial evidence
circumstantial evidence against
against the the [Riano 262,
[Riano 262, 2016
2016 Ed.,
Ed., citing
citing Black's
Black’s Law
Law
person implicated
person implicated to to show
show thethe probability
probability Dictionary].
Dictionary].
of the
of thelatter's
latter’sactual
actualparticipation,
participation,
provided
provided that the statements
statements are are made
made ItItdenotes
denotes the
the idea
idea of
of succession,
succession, not only by
not only
by several
by several accused
accusedare: are: (i)
(i) made
made without
without right ofof heirship
heirship and
and testamentary
testamentary legacy,
legacy, but
but
collusion; (ii).
collusion; (ii). identical
identical with
with each
each other
other inin also that of of succession
succession byby singular
singular title, derived
their
their essential
essential details;
details; and and (iii)
(iii) acts inter
from acts inter vivos,
vivos, and
and forforspecial
special purposes
purposes
corroborated by
corroborated by other
other evidence
evidence on on record
record (e.g. assignee
(e.g. assignee ofof a
a credit
credit and
and one
one subrogated
subrogated to to
[People
[People v.v. Molleda,
Molleda, G.R.G.R. No. No. L-34248
L-34248 it are privies) [Alpuerto v. Perez Pastor and
it are privies) [Alpuerto v. Perez Pastor and Roa, Roa,
G.R.
G.R.No.
No. 12794
12794 (1918)].
(1918)].

&8 Note
Note the
the reasoning
reasoning of
of the
the Court
Court in
in the
the reference
reference confessions
confessionsofof two accused is
two other accused is not
case: "While
case: “While the extrajudicial declaration of a co- permitted especially where conspiracy
permitted especially conspiracy is
conspirator may
conspirator may not be directly
not be directly introduced
introduced in not alleged; but the
not the court
court may consider the the
evidence against
evidence against another
another asas proof
proof ofof speci
specific acts,
c acts, fact that
fact thatthe
theconfession
confession of of the
the accused
accused and
itit may,
may,however,
however, under
under certain
certain conditions
conditions be co-accused are
those of his co-accused areinin all
all material
material
considered as a circumstance
considered circumstance in in the
the credibility
credibility of
of respects
respects identical
identical as circumstance in
as a circumstance
the testimony
the testimony of an accomplice.
accomplice. Thus,
Thus,to toprove
prove credibility of
judging the credibility of the
the former.
former. In In this
this
the allegation
the allegation that
thatthe
theaccused
accused took part in respect, the
respect, the extrajudicial
extrajudicial confessions
confessions ofofthe
the latter
latter
the killing
the killing thru
thru the theextrajudicial
extrajudicial are quali
are qualifiedly admissible.” (Emphases
edly admissible." (Emphases supplied)
supplied)
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● HeHemust
musthave
haveheard
heardor orobserved
observed the act
Requisites
Requisites tor declaration
tor declaration of of the
the other
other person;
person;
•● One
One derives
derives title
title to
toproperty
property from
from ● HeHe must have had
must have had the opportunity
opportunity or or
liberty to deny
deny it;
another
•
another liberty it;
•●AnAnact,
act, declaration or
declaration or omission
omission by
by a ● The statement pertains
The statement pertainstoto a matter
matter
predecessor-in-interest;
predecessor-in-interest; affecting
affecting his
his rights
rights or which he
or in which he was
was
•●Such
Such act,
act, declaration,or
declaration, oromission
omission of the
the interested
interested and
and which
which naturally calls for
naturally calls for aa
predecessor-in-interest occurred
predecessor-in-interest occurredwhile
while response;
response;
he was holding
holding the
the title
title to
to the
the property; ● The
Thefacts
facts were
were within
within his
his knowledge;
knowledge; andand
and
and
•●Such
Suchact,
act,declaration,
declaration, or
property;

or omission
omission isis in
in
:
● The
The fact
fact admitted
material to
material
admitted from
to the
the issue
from his
issue [People
his silence
[People v.
silence is
v. Paragsa,
Paragsa,
relation to the
the property.
property. G.R. No.
G.R. No. L-44060
L-44060 (1978)] [Sec. 33,
(1978)] [Sec. 33, Rule
Rule
130].
130].
Rationale
declarant was
The declarant was soso situated
situated that
that his interests When inapplicable
were
were such
such that he would
that he would not have
have made
made thethe ● When
Whenan
anoffense
offenseisisimputed
imputed against
against aa
admissions
admissionstotothe the prejudice
prejudiceofof his
his title or
title or person
person under custodial investigation
under custodial investigation for
for
possession, unless they were true. The regard the commission
the commission of
of an
an offense,
offense, his
his silence
silence
possession, unless they were true. The regard isis not
not admissible
admissible in
in evidence
evidence against
against him
which one
which one so
so situated
situated would
would have
have to
to his
his interest
interest him
is
is considered
considered sufficient
suf cient security against falsehood
security against falsehood [Herrera citing
[Herrera citing Sec.
Sec. 12,
12, Art. 1987
Art. 3, 1987
[Herrera, 422,
[Herrera, 422, citing
citing22Jones,
Jones, Sec.
Sec. 13.81.
13.8]. Constitution]. The
Constitution]. The right of a
right of a defendant
defendant in in
all criminal prosecutions
all criminal prosecutions to remain silent
to remain silent
Admission by Silence and
and fromfrom testifying
testifying against
against himself
himself
clearly
clearly prohibits
prohibits any inference of
any inference of guilt
Sec. 33.
Sec. 33. Admission
Admission by
by Silence.
Silence.—- An
An from silence of
from silence of an
an accused
accused person
person who
who
act declaration made
act or declaration made in thethe presence
presence has been arrested, detained or
has been arrested, detained or
and
and within the hearing
within the hearing or
or observation
observation ofof aa investigated
investigatedfor for aa crime [Herrera citing
crime [Herrera citing
party who does
party who does or says nothing
or says when the
nothing when the
R.A.
R.A. 7438].
7438].
act or declaration
act declaration isis such
suchasasnaturally
naturallytoto
● Party
Partyhad hadjusti
justifiable reason to
able reason to remain
remain
call for
call action or
for action or comment
comment ifif not
not true,
true, and
and
silent, e.g.
silent, e.g. acting
acting onon advice
advice of counsel[2
of counsel /2
when proper
when proper andandpossible
possiblefor
forhim
himororher
hertoto
Regalado 763,
Regalado 763, 2008
2008 Ed.].
Ed.].
do so,
¿do so, may
may be given
given in evidence
evidence against
against
him or her. (32a)
him or her. (32a)
Effect of failure to object or comment

Qui
Qui tacet
tacet consentire
consentirevidetur
videtur Respondent’s
Respondent's failure
failure toto file
le aa comment
comment despite
despite all
all
He who
He who is
is silent
silent appears
appears to
to consent.
consent. the opportunities
the opportunities afforded
afforded him him constituted
constituted a a
waiver of
waiver his right
of his right toto defend
defend himself.
himself. InIn the
Concept
Concept natural order
natural order of
of things,
things, aa manman would
would resist
resist anan
Declarations, relating
Declarations, relatingtoto the
the subject
subject matter
matter in
in unfounded claim
unfounded claim oror imputation
imputation against
against him.
him. ItIt is
is
controversy, not
controversy, denied may
not denied may be
be admissible
admissible generally contrary
generally contrary to human nature
to human nature to remain
remain
against the silent
against silent party
party ififcircumstances
circumstances were
were silent and
silent and say
say nothing
nothing in the face
in the face ofof false
false
such that
such a reply
that a reply is
is expected.
expected. accusations. As
accusations. As such,
such, respondents'
respondents' silence
silence may
may
be construed
be construed as as anan implied
implied admission
admission and and
Requisites
Requisites acknowledgement of ofthe
acknowledgement the veracity
veracityofof thethe

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allegations against
allegations him [OCA
against him [OCAv.v. Amor,
Amor, A.M.
A.M. No.
No. Requisites
Requisites
RTJ-08-2140 (2014)].
RT1-08-2140 (2014)]. ● Express
:●Expres
Facts admitted
admitted constitute
constitute aa criminal
criminal
As regards
As regardsfailure
failureto
to reply
reply to
to written
written [U.S. v. Flores,
offense [U.S.
offense Flores, G.R.
G.R. No.
No. 9014
9014
communications
communications (1913)]
(1913)]
● Voluntary [Sec.
Voluntary [Sec. 12(1),
12(1), Art. 3, 1987
Art. 3, 1987
General Rule
General Rule Constitution] [People v.
Constitution] [People Nishishima, G.R.
v. Nishishima, G.R.
Such
Such failure
failuretoto reply
reply isis not deemed an
not deemed an No. 35122
No. 35122(1932)]
(1932)]
admissionby
admission bysilence,
silence,asascorrespondence
correspondence is
isnot
not •●Intelligently
Intelligentlymade [Bilaan v.v.Cusi,
made[Bilaan Cusi, G.R.
G.R.
answered for many reasons,
answered reasons, and
and otherwise
otherwisethe
the No. L-18179
No. L-18179 (1962)],
(1962)], realizing
realizing the
the
whole world
whole world would
would be
be at
at the mercy of
the mercy of letter
letter importance or
importance or legal
legal significance
signi cance of ofthe
theact
act
writers.
writers. [U.S.
[U.S. v. Agatea, G.R.
v. Agatea, G.R. No.
No.15177
15177(1919)]
(1919)]
● NoNoviolation
violation of
of Secs.
Secs. 12
12 and
and 17,
17,Art.
Art.III
III
Exception
Exception of the
of the Constitution
Constitution [2 [2 Regalado
Regalado 765,765,
It isis admissible
admissiblewhen when factors
factors which
which tend
tend to 2008 Ed.]
2008 Ed.]

show that
show that aa denial
denial would
would have
have been
been forthcoming,
forthcoming,
as
as when
when (i) there
there is
is mutual
mutual correspondence;
correspondence; or If the
If the accused
accused admits
admits having
having committed the act
committed the act
(ii) there
there is
is proof
proof showing
showing that thethe parties
parties were
were ininquestion
question but
but alleges
alleges aa justification
justi cation therefor,
therefor, the
the
engaged
engaged in some business,
in some business, transaction
transaction or or same is
same is merely
merely an
an admission [Ladiana v.
admission [Ladiana People,
v. People,
relationship
relationship which
which would
would make
make itit improbable
improbable that
that G.R. No.
G.R. No. 144293
144293(2002)].
(2002)].
an communication about the
an untrue communication the transaction
transaction
relationship would
or relationship would be [Herrera, 136
ignored [Herrera,
be ignored 136 Any confession,
Any confession, including
including aa re-enactment,
re-enactment,
citing McCormick].
citing McCormick]. without admonition
without admonition of the
the right
right to
to silence
silence and to
counsel, and without counsel chosen by the
counsel, and without counsel chosen by the
Confessions accused is
accused is iasinadmissible
iasinadmissiblein evidence[People
in evidence [Peoplev.v.
Yip
Yip Wai
Wai Ming,
Ming, G.R.
G.R. No.
No.120959
120959(1996)].
(1996)].
Sec. 34. Confession.
Sec. Confession. — The declaration
- The declaration
of an
an accused
accused acknowledging
acknowledging his
his or her
or her Distinguish: Judicial Admission
Distinguish: Judicial Admission v.
guilt of
guilt of the
the offense
offense charged,
charged, or
or of any
of any Confession
offense necessariy
offense necessarily included
includedtherein,
therein,may
may
be given
be given in
in evidence
evidence against
against him
him or
or her. Judicial Admission
Judicial Admission Confession
Confession
÷ (33a)
(33a)
Nature
Nature

Concept
A statement
A statement of fact, Acknowledgement
of fact, Acknowledgement of
of
The declaration
The declaration ofof an
anaccused
accused acknowledging
acknowledging
but not directly the
the accused's
accused’s guilt
guilt of
of
his/her guilt
his/her the offense
guilt of the offense charged,
charged, oror of
of any but not
involving
involving directly
an
an
theoffense
the offensecharged,
charged,
offense necessarily
offense necessarily included
included therein,
therein, may
may bebe acknowledgment of
acknowledgment of oror ofofany
anyoffense
offense
given in
given in evidence
evidence against
against him/her [Sec. 34,
him/her [Sec. 34, Rule
Rule guilt or
guilt or of the criminal
criminal
intent to
intent to commit
commit the necessarily included
the necessarily included
130].
130].
offense
offense therein
therein
ItIt isisan
anacknowledgment
acknowledgment in
in express
express words
words or
terms, by
terms, by the
the accused
accused in a criminal
criminal case,
case, of his Scope
Scope
guilt of
guilt of the
thecrime
crimecharged [People v.v.Lorenzo,
charged [People Lorenzo,
G.R.
G.R. No.
No. 110107
110107 (1995)].
(1995)].
Includes confessions
Includes confessions Is aa speci
Is specificc type
type of
of

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confession referring
confession referring
to acknowledgement
to acknowledgement General Rule
General Rule
of guilt by
of by the
the An extrajudicial
An extrajudicial confession
confession made
made by an accused,
by an accused,
accused
accused shall not
shall not be
be aa suf
sufficient
cient ground for conviction.
conviction.

Manner
Manner
Exception
When corroborated
When corroborated by
by evidence
evidence of corpus delicti
of corpus delicti
Express or
Express or implied
implied Always express
Always express [Sec. 3,
[Sec. 3, Rule
Rule 133].
133].

Admissibility
Admissibility Corpus Delicti
Corpus Delicti
Substance of
Substance of the
the crime; the fact that a crime
crime has
has
Evidence against
Evidence againstthethe May be given in actually been
actually been committed [People v.
committed [People v. De
De Leon,
Leon, G.R.
G.R.
one who made
one made itit and
and evidence against
eidence against the
the No. 180762
No. 180762 (2009)].
(2009)].
is binding
is binding upon
upon him
him accused
accused
[Peralta,
[Peralta, 2020
2020 Ed.]
Ed.] InterlockingConfessions
Interlocking Confessions

NOTE: A
NOTE: confession isis aa speci
A confession specificc type
type of Concept
Concept
admission
admission whichrefers
which refers only
only to
to anan Extrajudicial statements
Extrajudicial statements of co-accused may
of co-accused may be
be
acknowledgment of
acknowledgment guilt [Riano,
of guilt [Riano, 280,
280, 2022
2022 ed.].
ed.]. taken as
taken as circumstantial
circumstantial evidence
evidence against
against the
the
person implicated
person implicated to
to show
show the
the probability
probability of
of the
the
In aaconfession,
In confession, there
there is
is an
an acknowledgment
acknowledgment of
of latter’s actual
latter's actual participation,
participation, provided
provided the
the
guilt; in
guilt; in an
an admission,
admission, there is merely
there is merely aa statement
statement requisites are met.
requisites
fact not
of fact not directly
directly involving
involving anan acknowledgment
acknowledgment
guilt or
of guilt or the
the criminal
criminal intent
intent to
to commit
commit the
the Requisites
Requisites
offense with
offense which one
with which charged [Ladiana
one is charged [Ladiana v.
v. ● Independently made without collusion;
People, G.R.
People, G.R. No.
No. 144293
144293(2002)].
(2002)]. ● Identical with each other in their material
: independenty made without clusterial
respects; and
respects; and
NOTE: Although
NOTE: Although admission
admission is
is short
short of
of confession
confession •●Con Confirmatory
rmatory ofofthe
the other.
other.
or acknowledgment
or acknowledgment of of guilt, it may
may become
become the
the
basis
basis of
of conviction.
conviction. NOTE: Interlocking
NOTE: Interlocking confessions
confessionsbyby the co-
the co-
•●TheThe nuance:
nuance: withwith a valid
a valid confession, as
confession, as accused constitute
accused constitute an
an exception
exception to
to the general
the general
rule, there
a rule, there is
is outright
outright conviction;
conviction; in rule that
rule thatextrajudicial
extrajudicialconfessions/admission
confessions/admission are
admission there
admission there isis still
still aa need
needfor
for aa trial
trial admissible in
admissible in evidence
evidence only
only against
against the
the declarants
declarants
to determine
to determine if there
there will really
really be
be an thereof. They
thereof. They are
are admissible
admissible asas circumstantial
circumstantial
eventual conviction.
eventual conviction. evidence
evidence against
against their co-accused
co-accused implicated
implicated in
the confession
the confession to to show
show the probability of
the probability the
of the
Effect of Extrajudicial Confession of
Extrajudicial Confession latter’s actual
latter's actual participation
participation in the
the commission
commission of
Guilt
Guilt the crime.
the crime. Furthermore,
Furthermore, they
they are
are also
also admissible
admissible
as corroborative
as corroborative evidence
evidence against
against the
the other co-
Rule
Rule 133,
133, Sec.
Sec. 3.
3.Extrajudicial
Extrajudicial
accused when
accused when itit is clear
clear from
from other
other facts
facts and
and
Confession, Not
Confession, Not Suf
Sufficient Ground for
cient Ground
circumstances presented
circumstances presented that persons other
that persons than
other than
Conviction. —
Conviction. Anextrajudicial
- An extrajudicialconfession
confession
the declarants
the declarants themselves
themselves participated
participated inin the
made
made by an accused
by an accused shall
shall not
not be
be sufficient
suf cient
ground for
ground for conviction,
conviction, unless
unless corroborated
corroborated commission of
commission crime charged
of the crime charged and
and proved
proved
by evidence of
by evidence of corpus
corpus delicti.
delicti. (3)
(3) [People v.
[People v. Encipido,
Encipido, G.R.
G.R. No.
No. 70091
70091 (1986)].
(1986)].

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REMEDIAL

Confessions
Confessions in
in Capital Offenses b. InIn
b. casethe
case theprosecution
prosecution presents
presents
[People v.
[People Pagal, G.R.
v. Pagal, G.R.No.
No.241257
241257(2020)]
(2020)] evidence but
evidence but fails
fails to prove the
to prove the
accused's
accused's guilt
guilt beyond
beyond
Concept reasonable doubt,
reasonable doubt, the
the trial
trial court
court
With respect
With respect to
to confessions
confessions made
made byby the accused
the accused shall
shall enter
enter a
a judgment
judgment of
of
in aa capital
in capital offense,
offense, the
the court
court must
must not
not solely
solely rely
rely acquittal in
acquittal in favor
favor of
of the
the accused.
accused.
upon the
upon the plea
plea of guilty (judicial
of guilty (judicial confession)
confession) of
of an
an
accused to
accused to arrive
arrive at
at aa decision.
decision. c. InIncase
c. casethe
theprosecution
prosecution fails
fails to
to
present any
present any evidence
evidence despite
despite
Three-fold Duty of the Court: opportunity to
opportunity to do
do so,
so, the trial
the trial
1. Conduct
1. Conductaasearching
searching inquiry
inquiry court shall
court shall enter
enter aa judgment
judgment of of
Require the
2. Require the prosecution
prosecution to prove the
to prove the acquittal in
acquittal in favor
favor of
of the
the accused.
accused.
accused's guilt
accused's guilt and precise degree
and precise degree of
of
culpability
culpability In the
In theabove
above instance,
instance, the
the trial
3. Allow
Allowthe
theaccused
accusedtotopresent
presentevidence
evidence on
on court
court shall
shall require
require the
the
his behalf.
his behalf. prosecution to
prosecution explain in
to explain writing
in writing
within ten
within ten (10)
(10) days
days from
from receipt
receipt
Guidelines Concerning
Concerning Pleas
Pleasof
ofGuilty
Guilty for
for its failure
its failure to
topresent
present evidence.
evidence.
Capital Offenses Any instance
Any instance of collusion between
of collusion between
the prosecution and
the prosecution and the
the accused
accused
For the
For the guidance
guidance of
of the
the bench
bench and
and the
the bar,
bar, this
this shall be
shall dealt with
be dealt with to the full
to the full
Court adopts
Court adopts thethe following
following guidelines
guidelines extent of the law.
extent law.
concerning pleas
concerning pleas of
of guilty
guilty to capital offenses:
to capital offenses:
2. AT THE APPEAL STAGE:
2. AT THE APPEAL STAGE:
1. ATTHE
1. AT THETRIAL
TRIALSTAGE.
STAGE. When
When the
the
accused makes
accused makesaaplea
pleaofof guilty
guilty to
to a a. When
a. Whenthetheaccused
accused is
is convicted
convicted of
of
capital offense,
capital offense, the
the trial court must
trial court must aa capital
capital offense
offense on
on the basis of
the basis of
strictly abide
strictly abide byby the
the provisions
provisions of Sec.
of Sec. his plea
his plea of
of guilty,
guilty, whether
whether
3, Rule
3, Rule 116
116 of
of the
the2000
2000Revised
Revised Rules
Rules improvident or
improvident or not, and proof
not, and proof
of Criminal
of Criminal Procedure.
Procedure.In In particular,
particular, itit beyond reasonable
beyond reasonable doubt was
doubt was
must afford
must afford thethe prosecution
prosecution an an established, the
established, the judgment
judgment of
of
opportunity to
opportunity to present
present evidence
evidence as as to
to conviction shall
conviction shall be
be sustained.
sustained.
the guilt
the guiltof
ofthe
theaccused
accused and
and the
the precise
precise
degree of
degree his culpability.
of his culpability. Failure
Failure to b. When
b. Whenthe
theaccused
accused is
is convicted
convicted of
of
comply with
comply with these
these mandates
mandates constitute
constitute aa capital
capital offense
offense solely
solely on the
on the
grave abuse of
grave abuse discretion.
of discretion. basis of
basis of his
his plea
pleaofofguilty,
guilty, whether
whether
improvident or not,
improvident not, without
without proof
proof
a. InIncase
a. case the
the plea
plea of guilty
guilty to
to a beyond reasonable
beyond reasonable doubt doubt
capital offense
capital offense is supported
supported by because the
because the prosecution
prosecution waswasnotnot
proof beyond
proof beyond reasonable
reasonable doubt,
doubt, given an opportunity
given opportunity to present
to present
the trial
the trial court
court shall
shall enter
enter a its evidence,
its evidence, or was given
or was given the
the
judgment of
judgment of conviction.
conviction. opportunity to present
opportunity present evidence
evidence
but the
but the improvident
improvident plea
plea ofof guilt
guilt
resulted
resulted inin an
an undue
undue prejudice
prejudice to to

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either the
either the prosecution
prosecution or the
or the Exceptions
Exceptions
accused, the judgment
accused, the of
judgment of Said evidence
Said evidence may
may bebe received
receivedtoto prove
prove aa
conviction shall be set aside
conviction aside and
and •●Speci
Specific intentor
c intent orknowledge
knowledge
the
the case
case remanded for re-
remanded for re- •● Identity
Identity
arraignment and
arraignment and for
for reception
receptionof
of ● Plan, system, or scheme
evidence pursuant
evidence pursuant to Sec. 3,
to Sec. 3, Rule
Rule ● Habit
116 of
116 of the
the 2000
2000 Revised
Revised Rules
Rulesofof ● Custom
Customororusage
usage and
and the
the like [Sec.
[Sec. 35,
35,
Criminal Procedure.
Criminal Procedure. Rule 130].
Rule 130].

Rationale
Rationale
c.c. When
When the accused is convicted of
the accused is convicted of
aa capital
capital offense
offense solely
solely on
on the
the The rule
The rule is
is founded
founded upon reason,
reason, public
public policy,
policy,
basis of a plea
basis plea of
of guilty, whether
whether justice and
justice and judicial
judicial convenience.
convenience. The
The fact
fact that
that aa
improvident or not, without proof
improvident or not, without proof person has
person has committed
committed thethe same
same oror similar
similar acts
actsatat
beyond
beyond reasonable
reasonable doubt
doubt some prior time affords,
some affords, as
as a general
general rule,
rule, no
because the
because the prosecution
prosecution failed
failed to
to logical
logical guarantee
guaranteethat that he
he committed
committed thethe act
act in
prove the
prove the accused's
accused's guilt
guilt despite
despite question. This
question. This is
is so
so because,
because, subjectively,
subjectively, a
opportunity
opportunity to to do do so,
so, thethe man's
man's mind
mind and
and even
even his modes of
his modes may
of life may
judgment of
judgment of conviction
conviction shall
shall be
be change; and,
change; and, objectively,
objectively, the
the conditions
conditions under
under
set
set aside
aside and and the
theaccused
accused which he
which he may
may find himself at a given
nd himself given time may
may
acquitted.
acquitted. likewise
likewise change
change and
and thus
thus induce
induce him
him to
to act in a
different [Metropolitan Bank
way [Metropolitan
different way Bank and
and Trust
Trust v.
Said guidelines
Said guidelines shall
shall be
be applied
applied prospectively.
prospectively. Custodio, G.R.
Custodio, G.R. No.
No. 173780
173780(2011)].
(2011)].

Evidence
Evidenceisis not admissible when
not admissible when itit shows,
shows, oror
11. Previous
Previous Conduct as Evidence
Conduct as Evidence tends to
tends show, that
to show, that the
theaccused
accused inin aa criminal
criminal case
case
[Secs. 35-36]
[Secs. 35-36] has committed aa crime
has committed crime independent
independent from the
from the
offense for which he is on trial. A A man
man may be a
Similar Acts
Similar Acts as
as Evidence
Evidence notorious
notorious criminal,
criminal, and
and maymay have
have committed
committed
many
many crimes,
crimes, and
and still
still be innocent of the crime
be innocent crime
Sec. 35. Similar Acts
Sec. Acts as
as Evidence.
Evidence. — - charged on
charged [People v.
on trial [People v. Pineda,
Pineda, G.R.
G.R. No.
No.
Evidence that
Evidence thatone
onedid
didoror did
did not
not do
do aa
141644 (2004)].
141644 (2004)].
certain thing
certain thing atat one
one time is not admissible
admissible
to prove that he or she did or did not do
the same
the same or similar
similar thing
thing at
at another
another time;
time; When useful
useful
ing an or the in a not to
but itit may
but may bebe received
received to prove
prove a speci
specificc Evidence of
Evidence similar acts
of similar
relevant,especially
especially to
acts may
may frequently
to actions
frequently become
actions based
based on
become
on fraud and
intent or
intent or knowledge,
knowledge, identity,
identity, plan,
plan, relevant, fraud and
system, scheme,
system, scheme, habit, custom or
habit, custom or usage,
usage, deceit, because
deceit, because itit sheds
sheds light
light on
on the
the state
state of mind
of mind
and the
and like. (34a)
the like. (34a) or knowledge
or knowledge of of a
a person;
person; it
it provides
provides insight
insight into
into
such person's
such person's motive
motive or or intent; itit uncovers
uncovers aa
scheme, design,
scheme, design, or plan, or itit reveals
reveals aa mistake
mistake
General Rule
[Id.].
[Id.].
Evidence that
Evidence one did
that one did or
or did
did not do a
not do a certain
certain thing
thing
at one
at one time
time is
is not
not admissible
admissible toto prove
prove that
that he/she
he/she
What is needed
What
did or
did or did
did not
not dodo the
the same
same or similar
similar thing
thing at
at
Habit, custom,
Habit, custom, usage
usage or
or pattern
pattern of
of conduct
conductmust
must
another time.
another
like any
be proved like any other
otherfacts.
facts.Courts
Courts must
must
contend with
contend with the caveat that,
the caveat that, before
before they
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admit evidenceofofusage,
admit evidence usage, of of habit
habit oror pattern
pattern of of particular
particular also had distinctive
also had distinctive scars.
scars. AA second
second
conduct, the
conduct, offering party must
the offering must establish
establish the
the house 100
house 100 meters
meters away
away from
from the
the first was robbed
rst was robbed
degree
degree of specificity
of speci city and frequency of
and frequency uniform
of uniform on the
on the same
same night by a
night by a group
group of of 7
7 individuals
individuals with
with
response
responsethat thatensures
ensuresmore morethan than aa mere
mere stripes on their faces.
white stripes faces. B, who had had white
white
tendency to
tendency to act
act inin aa given
given manner
manner but but stripes
stripes on his face
on his face and
and distinctive
distinctive scars
scars was
was
conduct that is semi-automatic
rather, conduct semi-automatic in in identified
identi ed at at the second robbery.
the second robbery. The The identity
identity ofof
nature. Theoffering
nature. The offeringparty
partymust
mustallege
allege and
and prove
prove BB in in thethesecond
second robbery
robbery was was used used as as
specific,
speci c, repetitive
repetitive conduct
conduct thatthat might constitute
might constitute circumstantial evidence
circumstantial evidenceof of his
his identity
identity inin the
the first
rst
evidence of
evidence habit. The
of habit. The examples
examples offered
offered in [People v.
robbery [People
robbery v. Trang,
Irang, G.R.
G.R. No.
No. 45179
45179(1937)].
(1937)].
evidence to
evidence to prove
prove habit,
habit, or pattern of
or pattern of evidence
evidence
must be
must be numerous
numerous enough
enough to to base
base onon inference
inference •●Plan,
Plan, Systemor
System orScheme
Scheme
of systematic conduct.
of systematic conduct. Mere Mere similarity
similarity of XX is
is charged
charged with
with aa crime,
crime, say
say of
of estafa.
estafa. ItIt is
contracts does
contracts does not
not present
present the
the kind
kind of
of sufficiently
suf ciently alleged that
alleged that he
he committed
committed itit under
under an
an assumed
assumed
similar circumstances to outweigh the danger
similar circumstances to outweigh the danger of of name. At
name. At trial,
trial, XX claimed
claimed that
that the
the crime
crime was
was
prejudice
prejudice and confusion… In
and confusion... In determining
determining committed
committed by another person.
by another person. Evidence
Evidence of X
of X
whether examples are
whether the examples are numerous
numerous enough,
enough, committing
committing similar
similar offenses
offenses under same
under the same
and suf
and sufficiently
ciently regular,
regular, the key criteria
the key criteria are
are assumed
assumed name
name is
is admissible
admissibleto
to prove
prove his
his identity
identity
adequacy of
adequacy sampling and
of sampling uniformity of
and uniformity of respect to the
with respect the crime
crime in
in question [Herrera,
question [Herrera,
response. After
response. After all,
all, habit means aa course
habit means course of of 552, citing
552, citing Billings
Billings v.
v. U.S.].
U.S.].
behavior
behavior of of a
a person
person regularly
regularly represented
represented in like
in like
circumstances [Boston
circumstances [Boston Bank
Bank v. Manalo, G.R.
v. Manalo, G.R. No.
No. ● Habit
• Habit
158149 (2006)].
158149 (2006)]. The accused-pharmacist was
The accused-pharmacist was alleged
alleged to have
to have
given
given the complainant barium
the complainant barium chlorate
chlorate (poison)
(poison)
IllustrativeCases:
Illustrative Cases: instead
instead ofof the potassium chlorate
the potassium chlorate (medicine)
(medicine) the
the
•● Speci
Specific Intentor
c Intent orKnowledge
Knowledge complainant asked
complainant asked for.
for. Later,
Later, two chemists went
two chemists went
On
On aa trial for arson,
trial for arson, the
the prosecution
prosecution maymay prove
prove to the
the accused
accused and offered
offered toto buy
buypotassium
potassium
that the defendant
that the defendant hadhad set
set fire
re to the building,
to the building, a
a chlorate
chlorate but were given
but were given barium
barium chlorate
chlorate as
as well.
well.
few days previous
few days previous toto the burning alleged
the burning alleged in the
in the The
The testimony
testimony of the chemists
of the chemists waswas admitted to
admitted to
information, for
information, for the
the purpose
purpose only
only of
of establishing
establishing fix thedefendant's
x the defendant’s negligence [Herrera, 544,
negligence [Herrera, 544,
criminal intent
criminal intent ofof the defendant [U.S.
the defendant [U.S. v.v. citing U.S.
citing U.S. v. Pineda, G.R.
v. Pineda, G.R. No.
No. L-12858
L-12858(1918)].
(1918)].
Evangelista,
Evangelista, G.R.
G.R.No.No.8132
8132(1913)].
(1913)].
Unaccepted Offer
Unaccepted Offer
prosecutions for
In prosecutions forgery, the court
for forgery, court admits
admits
Sec. 36.
Sec. 36. Unaccepted
UnacceptedOffer.
Offer.—- An
An offer
offer
evidence
evidence of of other
other forgeries
forgeries by
by the
the defendant
defendant to to in
in writing to pay
writing to pay aa particular
particular sum
sum of money
of money
show
show intent
intent or
or motive,
motive, guilty knowledge, identity
guilty knowledge, identity or to
or to deliver
deliver aa written
written instrument
instrument or
or
or
or aa system,
system, plan
plan or scheme[Herrera,
or scheme [Herrera, 542,
542, citing
citing specificc personal
speci personal property
property is,
is, ifif rejected
rejected
11 Jones,
Jones, Sec.
Sec.4:15;36].
4:15;36]. without valid
without valid cause,
cause, equivalent
equivalent to the
to the
actual
actual production
productionandand tender
tender of the
of the
•● Identity
Identity money, instrument, or property. (35)
money, instrument, or property. (35)
Here
Here the inference of
the inference identity of
of identity of the
the accused
accused
proceeds
proceeds from
from aa similarity
similarity of
of the
the peculiar
peculiar method
method
used [Herrera,
used [Herrera, 549
549 citing
citing Moran].
Moran].
12.
12. Hearsay;
Hearsay; Exceptions
Exceptions [Secs.
[Secs. 37-50]
37-50]

A robbery was
A robbery was committed
committed by individuals with
by 7 individuals with a. Concept
Concept and Rationale for
for
white
white stripes
stripes upon
upon their faces and
their faces one robber
and one robber in
in Exclusion
Exclusion

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Personal knowledge
Personal knowledge
“New”Concept
"New" Concept of Hearsay
Hearsay
Sec. 37. Hearsay. — Hearsay is a Witness may
Witness may have
havePersonal
Personalknowledge
knowledge is
is
statement other
Statement
statement dear than
other saanone
than onemade
one earsay
made by
byisthehe
the personal knowledge
personal knowledge always absent
always absent
declarant while
declarant whiletestifying
testifyingatataa trial trial oror
hearing,
hearing, offered
offered toto prove
prove the
the truth
truth of the Witness
Witness
facts asserted
facts therein. AAstatement
asserted therein. statement is is (1):
(1)
an
an oral
oral or written assertion
assertion or or (2) a non- non-
Declarant IS
Declarant IS ALWAYS
ALWAYS Declarant is
Declarant is NOT
NOT the
the
verbal conduct
verbal conduct ofof aa person,
person, ifif itit is
is intended
intended the witness
the witness witness
witness
by him
him or
orher
herasasananassertion.
assertion.Hearsay Hearsay:
evidence is
evidence inadmissible except
is inadmissible except as as i Exceptions
Exceptions
otherwise provided in
otherwise provided in these
these Rules.
Rules.
Exceptions are
Exceptions are NOT
NOT Exceptions are
Exceptions are
A statement
A statement is is not
not hearsay
hearsay if the declarant
if the declarant hearsay
hearsay hearsay statements,
hearsay statements,
testifies
testi es at
at the or hearing
the trial or hearing and and is is but are
but are nonetheless
nonetheless
subject to cross-examination concerning
subject to cross-examination concerning admissible
admissible
statement, and
the statement, and the statement is
the statement is (a)
inconsistent with
inconsistent with the thedeclarant's
declarant's
Evidence
Evidenceisis hearsay
hearsay when
when its probative
probative force
force
testimony, and
testimony, was given
and was given under
under oath
oath
subject depends
depends on on the competency and
the competency credibility of
and credibility
subject toto the penalty of
the penalty of perjury
perjury atat aa trial
trial
hearing, or
hearing, other proceeding,
or other proceeding, oror in in a some
some persons
persons other
other than
than the
the witness
witness byby whom
whom it it
deposition;
deposition;(b) consistent with
(b) consistent with the the is sought to
is sought be produced.
to be produced. The The exclusion
exclusion of
declarant's
declarant's testimony
testimonyand and isis offered
offered to hearsay evidence is
hearsay evidence is anchored
anchored on on three
three
rebut an express
rebut an express or or implied charge against
implied charge against reasons:
reasons:
the declarant
the declarant of recentrecent fabrication
fabrication or or Absenceof
1. Absence ofcross-examination;
cross-examination;
improper
improper influence
in uence or or motive;
motive; oror (c)
(c) one
one of of Absenceofofdemeanor
2. Absence demeanor evidence;
evidence; and
identification
identi cationofof aa personperson mademade after
after 3. Absence of
3. Absence of oath [Dantis v.v.Maghinang,
oath [Dantis Maghinang,
perceiving
perceiving him him or
or her.
her. (n)
(n) Jr., G.R.
Jr., G.R. No.
No. 191696
191696 (2013)].
(2013)].

Hearsay
Hearsay evidence
evidence is excluded precisely
is excluded precisely because
because
A hearsay statement
A hearsay may be
statement may be
the party
the partyagainst
against whom
whom ititis
is presented
presented is is deprived
deprived
1. Oral;
1. Oral;
of or
of or is
is bereft
bereft of
of opportunity
opportunity to to cross-examine
cross-examine the the
2. Written;
2. Written; or
or
persons to
persons to whom the statements
statements or or writings are
are
3. Non-verbal
Non-verbal conduct
conduct
[PhilippinesFree
attributed[Philippines
attributed FreePress
Press v.v. C.A.,
C.A., G.R.
G.R. No.
No.
132864 (2005)].
132864 (2005)].
Which is
Which is
1. A Astatement
1. statementother
otherthan
thanthe
theone
one made
made by by
the declarant
the declarant while testifying
testifying at
at aa trial or b. Independently
Independently Relevant
Relevant
hearing (out-of-court statement);
statement); andand Statements
Statements
2. Offered
2. Offered to
to prove
prove the
the truth
truth of
of the
the facts
facts
asserted therein
asserted therein [Sec.
[Sec. 37,
37, Rule
Rule130].
130]. Statements
Statements oror writings
writings attributed
attributed to a person
to a person not
not
on the
on the witness
witness stand,
stand, which
which are
are being
being offered
offered not
not
“Traditional”Concept
"Traditional" Concept of
of Hearsay
Hearsay to prove
to prove the truth
truth of
of the
the facts
facts stated
stated therein,
therein, but
but
only to
only to prove
prove that
that such
such were
were actually
actually made.
made.
“New” Hearsay
"New" Hearsay “Traditional”
"Traditional"
Hearsay
Hearsay These are
These not covered
are not covered by the
the hearsay
hearsay rule
rule
[People v.
[People v. Cusi,
Cusi, G.R.
G.R. No.
No. L-20986
L-20986(1965)].
(1965)].
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AA NOTE
NOTE ON ON THETHE NEW HEARSAY RULE RULE
These are
These are statements
statements which
which are
are relevant
relevant Hearsay, under
Hearsay, under Sec.Sec. 37, 37, is is a newnew de definition
nition
independently of
independently of whether
whether they
they are
aretrue
true or
or not
not brought about
brought about by by the the2019 2019Amendments.
Amendments.
[Estrada v.
[Estrada v. Desierto,
Desierto, G.R.
G.R. No.
No. 146710
146710 (2001)].
(2001)]. Technically, it did
Technically, did not
not havehave any any counterpart
counterpart
provision before
provision Amendments. The
before the Amendments. The old old
Independently relevant
Independently relevant statement
statement are
are admissible
admissible Hearsay Rule
Hearsay Rule waswas under
under Sec. Sec. 36, 36, confined
con ned to to
“personal knowledge."
"personal knowledge.” The counterpart counterpart
if:
if:
provision of the old Hearsay Rule is now Sec.
1. ItItisisrelevant
relevant
22, now
22o nowthe “Ruleone
of tele on Firsthand
aisty andKnowledge.”
in one ge.
2. It Itisisnot
notsubject
subjecttotoany
anyother
other exclusionary
exclusionary The latter is
The is more ancient
ancient than than the the former
former but
rule
rule has some
has some kinship
kinship in in policy.
policy. UnderUnder the the latter,
latter, aa
witness is
witness qualified
is quali ed to to testify
testify to to aa fact fact
NOTE: In
NOTE: In independently
independently relevant
relevant statements,
statements, the
the susceptible of
susceptible of observation
observation but but only
only ifif itit appears
appears
issue is
issue is not statements but
not on the truth of the statements but that he
that he had had a areasonable
reasonable opportunityopportunity to
observe the
observe the fact. Thus,Thus, if aa witnesswitness testi testifies
es
on the
on the truth
truth of
ofthe
themaking
making of
of such
such statements.
statements.
that on
that on aa certain
certain dayday Flight
Flight 450 arrivedarrived at at the
airport at
airport at X X onon time,
time, and and from from his his other
other
Two Classes
Classesof
ofIndependently
Independently Relevant evidence,
evidence, itit appears
appears that that he he was
was notnot in in XX atat the
the
Statements time
time inin question,
question, and, and, hence,
hence, could could only only have
have
1. Statements which
1. Statements which are
are the very
very facts
facts in spoken
spoken from from conjecture
conjectureor or report
report of other
of other
persons, the proper
persons, proper objection
objection is not not hearsay
hearsay
issue, and
issue, and
but want
but want of ofpersonal
personal knowledge.
knowledge. Conversely,
Conversely, ifif
2. Statements
2. Statements which
which areare circumstantial
circumstantial the witness
the witness testitestifies
es that his brother told him him
evidence of
evidence of the facts in
the facts in issue.
issue. They
They came in on the flight
that he came arrived on
ight and it arrived on
include the
include the following:
following: time, the
time, the objection
objection for want want of of knowledge
knowledge of
a. Statement
a. Statementofofaaperson
person showing
showing when
when the the planeplane arrived
arrived isisinappropriate
inappropriate
his state
his state of mind,
mind, that
that is, his
his because
because the the witness
witness purports
purports to speak from
to speak from his his
mental condition,
mental condition, knowledge,
knowledge, own knowledge of
own knowledge of what his brother brother said, said, andand
as to
as to this,
this, hehe presumably
presumably had had knowledge.
knowledge. IfIf the the
belief, intention, ill will and other
belief, other
testimony in
testimony in this
this latter case case was was offered
offered to
emotions;
emotions; show the
show the timetime of of thethe plane's
plane’s arrival,
arrival, the the
b. Statements
b. Statements of of aa person
person which
which appropriate objection
appropriate objection is ishearsay. hearsay. The
show his
show his physical
physical condition,
condition, as distinction is one
distinction one of of the form of the testimony,
illness and
illness and the
the like;
like; whether the witness purports purports to to give the facts facts
c. Statements
C. Statements of
of aa person
person from
from directly upon
directly upon his his own credit (though
own credit (though it may may
appear later
appear later that
that hehe was
was speaking
speaking only only on on the
the
which an
which an inference
inference may
may be
be made
made
faith of
faith of reports
reports from from others)
others) or or whether
whether he
as
as to
to the
the state
state of
of mind
mind of
of purports to give
purports give an an account
account of what what another
another
another, that
another, that is,
is, the
the knowledge,
knowledge, has told him and this is offered to evidence the
has told him and this is offered to evidence the
belief, motive,
belief, motive, good
good or or bad
bad faith,
faith, truth of the other’s report. However, when it
truth of the other's report. However, when
etc. of the latter;
etc. appears, either
appears, either fromfrom the phrasing of
the phrasing of hishis
d. Statements
d. Statements which
which may
may identify
identify testimony or
testimony from other
or from other sources,
sources, that that the the
the date,
the date, place
place and
and person
person in witness is
witness testifying on
is testifying on the basis basis of reports reports
from others,
from others, though
though he he does
does not not in in terms
terms
question; and
question;
testify to
testify to their
their statements,
statements, the the distinction
distinction loses loses
e. Statements
e. Statements showing
showing the lack
lack of much
much of its signi
of its significance,
cance, and and courts
courts maymay simplysimply
credibility of aa witness
credibility [Estrada
witness [Estrada apply the
apply the label
label"hearsay."
“hearsay.”
v. Desierto,
v. Desierto, G.R.
G.R. No.
No. 146710
146710
(2001)].
(2001)]. Stated differently:
Stated differently:If Ifa awitness
witnessknown
known not
not to
be present
be present at
at the
the scene
scene ofof an
an accident
accident states,
states,
“Hannah told
"Hannah told meme the
theaccident
accident was
was caused
caused

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EVIDENCE REMEDIAL LAW

when the
when the Porsche
Porsche ran
ran aa red
red light,”
light," the
the witness
witness Purpose
Purpose
testifying from
is testifying from firsthand
rsthand knowledge.
knowledge.IfIf thethe
statement is
statement offered to
is offered prove the
to prove the Porsche
Porsche ran
ran
1. Substantive Impeaching evidence
Impeaching evidence
a red
a red light,
light, the
the proper
proper objection
objection isis hearsay.
hearsay.IfIf 1. Substantive
the witness
the witness has
has said
said instead,
instead, “The
"The accident
accident waswas evidence
evidence
caused when
caused when the
the Porsche
Porscheran ranaared
redlight,”
light," the
the 2.
2. Impeaching
Impeaching
proper objection
proper objection would
would notnot be
be hearsay
hearsay but but lack
lack evidence
evidence
of firsthand knowledge. Here
rsthand knowledge. Here the witness is
the witness is
Requirements
Requirements
reporting an event
reporting event with which
which he has had
he has had no no
personal contact. It is, of course, likely that the
personal
witness contact.
witness isis It is,the
reporting
reporting of course,
the statement
statement likely
of that the
others
others 1. Oath No requirement
No requirement
without attribution,
without attribution, in
in which
which case
case thethe firsthand
rsthand 2. Subject to
knowledge objection
knowledge objection isis really
really an
an objection
objection to to 2: perjury
Satect
perjury to
anonymous hearsay. But, the firsthand 3. Made
Made at
anonymous
knowledge hearsay.
knowledge objection
objection But,
also
also the rsthand
protects
protects against
against
3. ataa
trial, hearing,
trial, hearing,
statements based
statements based on dreams, crystal
on dreams, crystal ball
ball proceeding,
proceeding,
gazing, and
gazing, and deductions
deductions unsupported
unsupportedby by what
what or deposition
or deposition
the witness
the witness does
does know.
know.
ii. Prior
ii. Prior ConsistentStatements
Consistent Statements
c. Not
c. NotHearsay
Hearsay Statements
Statements
Prior consistent
Prior consistent statements
statements are:
are:
i.i. Prior
PriorInconsistent
InconsistentStatements
Statements 1. Prior
1. Priorstatements;
statements;
2. Consistent with the the declarant’s
declarant's
2. Consistent with
Prior inconsistent
Prior inconsistent statements
statements are:
are: testimony; and
testimony; and
1. Prior statements; 3. Offered
3. Offeredtotorebut
rebutan anexpress
express or
or implied
implied
1. Prior statements;
2. Made
2. Madeby bythe
thedeclarant
declarant at
at aa trial,
trial, hearing, charge against
charge against the
the declarant
declarant of
of aa recent
recent
or
or other proceeding, or
other proceeding, or in
in aa deposition;
deposition; fabrication or
fabrication improper in
or improper influence
uence or or
3. Given under
3. Given under oath
oath subject
subject toto the
the penalty
penalty motive [Sec.
motive [Sec. 37,
37, Rule
Rule 130,
130, ROC].
ROC].
of perjury; and
and
4.
4. Inconsistent
Inconsistent with
with thethe declarant's
declarant’s ItIt may
maybebeoffered
offeredasassubstantive
substantive evidence
evidence
testimony [Sec.
testimony [Sec. 37,
37, Rule
Rule 130,
130, ROC].
ROC]. regardless of
regardless whether the prior
of whether prior statement
statement was
was
made cross-examination [Peralta].
made under oath or cross-examination [Peralta].
ItItmay
may bebe offered
offered either as:
as:
1. Substantive
1. Substantiveevidence;
evidence; or iii. Statements
iii. Statementsof
of Identi
Identification
cation
2. Impeachingevidence
2. Impeaching evidence
Statements of
Statements of identi
identification are statements
cation are statements which
which
IfIfthe
theproper
properinconsistent
inconsistent statement
statement was was subject
subject are:
are:
to cross-examination
to cross-examination and and waswas given given under
under 1. Made
1. Madeby bythe
thedeclarant;
declarant;
penalty
penaltyofof perjury
perjury at
at aa trial,
trial, itit can
can serve
serve as
as 2. After
2. Afterperceiving
perceiving thetheperson
person identi
identified;
ed;
substantive and
substantive and impeaching
impeaching evidence.
evidence. Otherwise,
Otherwise, and
and
itit can
can still
stillbe
beused
used only
onlyasas impeaching
impeaching evidence
evidence 3. IsIs
3. offeredbybythe
offered thedeclarant
declarant asas aa witness
witness
under Rule
under Rule 132,
132, Section 11 [Peralta].
Section 11 [Peralta]. at the
at the trial
trial[Sec.
[Sec. 37,
37, Rule
Rule 130,
130, ROC].
ROC].

The prior
The prior identi
identification made by the
cation made the declarant
declarant
Rule 120, Sec.
Sec. Rule
Rule 132, Sec. 11
37(a) available as
who is available as aa witness
witness to this
to testify on this

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REMEDIAL LAW

earlier identi
earlier identification is admissible
cation is admissible as
as substantive
substantive and thus
and thus falling
falling under
under dying declaration [People
dying declaration [People
evidence [Peralta].
evidence [Peralta]. v. Sergio, G.R.
v. Sergio, G.R. No.
No. 240053
240053(2019)].
(2019)].

iv.Exceptions
iv. Exceptionstotothe
theHearsay
Hearsay Rule
Rule Rationale for
Rationale for Admissibility
Admissibility
As a general
general rule,
rule, when
when aa person
personisisatatthe
thepoint
point
1. Dying Declaration
1. Dying Declaration [Sec. 38] of death,
of death, every
every motive
motive to
to falsehood
falsehood is silenced,
silenced,
and the
and the mind
mind is
is induced
induced by the most
most powerful
powerful
consideration to
consideration to speak
speakthe
the truth,
truth, and
and therefore,
therefore,
Sec. 38.
Sec. Dying Declaration.
38. Dying Declaration.—- The
The his statements,
his statements, under
under such
such circumstances,
circumstances,
declaration
declaration of
of aa dying person, made
dying person, made under
under deserve great
deserve great weight [People v.
weight [People v. Bacunawa,
Bacunawa, G.R.
G.R.
the consciousness
the consciousness of of an
an impending
impending death,
death, No. 136859
No. 136859 (2001)].
(2001)].
may
may be
be received
received inin any
any case
case wherein
wherein his
his or
or
her death
her death is
is the
the subject
subject of inquiry, as
of inquiry, as The law
The law considers
considers the
the point
point of death as
of death as a
evidence of
evidence off the cause and
the cause surrounding
and surroundias!
situation so solemn
situation solemn and
and awful
awful as
as creating
creating an
an
circumstances
circumstances of of such
such death.
death. (37a)
(37a)
obligation
obligation equal
equal to which is
to that which is imposed
imposed by anan
oath administered
oath administered by
by the [People v.
court [People
the court v. Cerilla,
Cerilla,
Also known
Also known as
as "antemortem
“antemortem statement"
statement” or G.R.
G.R. No.
No. 177147
177147 (2007)].
(2007)].
“statement in
"statement articulo mortis"
in articulo [People v.
mortis” [People v.
Mendoza,
Mendoza, G.R.
G.R.No.
No.142654
142654 (2001)].
(2001)]. The admissibility
The admissibility of an ante
of an ante mortem
mortem declaration
declaration
is
is not
not affected
affected by
by the fact that
the fact that the
the declarant
declarant died
died
Requisites for
Requisites for Admissibility hours or days
hours days after making
making his
his declaration;
declaration; itit is
1. Declaration
1. Declarationof
ofaa dying
dying person;
person; sufficient
suf cient that hehe believed
believed himself
himself in imminent
imminent
2.
2. Declaration was made
Declaration was made under
under the
the danger
danger of death at the the time
time of
ofsuch
such declaration
declaration
consciousness of
consciousness of an
an impending
impending death;
death; [People v.
[People v. Mabassa,
Mabassa, G.R.
G.R. No.
No. 45554
45554 (1938)].
(1938)].
3.
3. Declaration
Declarationmaymaybebereceived
received in
inany
any case
case
wherein his/her
wherein his/her death
death isis the subject of
the subject of The rule
The rule is
is that,
that, in
in order
order to
to make
make aa dying
dying
inquiry, as
inquiry, as evidence
evidence of thethe cause
cause andand declaration admissible,
declaration admissible, aa fixed
xed belief
belief in
in inevitable
inevitable
surrounding circumstances of
surrounding circumstances of such
such death
death and imminent
and imminent death
death must
must be entered by
be entered the
by the
[Sec. 38,
[Sec. 38, Rule
Rule 130,
130, ROC];
ROC]; declarant.
declarant. It is the
It is the belief
belief in
in impending
impending deathdeath and
and
4. Declarant
4. Declarantwould
wouldhave
havebeen
been competent
competent as as not the rapid
not the rapid succession
succession of of death
death in
in point
point of
of fact
fact
a witness had
a witness had he survived [Geraldo vv
survived [Geraldo that renders
that renders thethe dying
dying declaration
declaration admissible.
admissible.ItIt
People,
People, G.R.
G.R.No.
No.173608
173608(2008)]
(2008)];; and
and is not
is not necessary
necessary that the the approaching
approaching death death bebe
5. Declarant
5. Declarant died [People v.v.Macandog,
died [People Macandog, presaged by
presaged the personal
by the personal feelings
feelings of the
of the
G.R.
G.R. No.
No. 129534
129534 and
and 141169
141169 (2001)].
(2001)]. deceased. The
deceased. The test is whether the declarant declarant has
abandoned
abandoned all all hopes
hopes of survival and
of survival looked on
and looked
A dying
A dying declaration
declaration must
must be
be aa single
single hearsay
hearsay toto death as
death as certainly
certainly impending.
impending. Third,
Third, the
the declarant
declarant
be admissible. In this case, records show that the
be admissible. In this case, records show that the is competent
is competent as a witnesswitness [People
[People v. Umapas yy
v. Umapas
person
person who
who allegedly
allegedly heard
heard the dying declaration
the dying declaration Crisostomo, G.R.
Crisostomo, G.R.No.No.215742
215742(2017)].
(2017)].
was never
was never presented
presentedinin court
court to testify on the
to testify the Dying
Dying declarations
declarations are are admissible
admissiblein in favor
favor of
of the
the
[People v. Bautista,
matter [People
matter Bautista, G.R.
G.R. No.
No. 117685
117685 defendant as
defendant as well
well as
as against
against him him [US
[USv. v. Antipolo,
Antipolo,
(1999)].
(1999)]. G.R.
G.R. No.
No. L-13109
L-13109 (1918)].
(1918)].

AA deponent's
deponent’s answers
answers to written interrogatories
interrogatories Statementof
2. Statement ofDecedent
Decedent or Person
Person of
of
were considered
were considered under
under consciousness
consciousness of Unsound Mind [Sec. 39]
39]
impending death due to her
impending her looming
looming execution,
execution,

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3. Upon
3. Upon aaclaim
claim or
ordemand
demand against
against the
the
Sec. 39.
Sec. Statement of
39. Statement Decedent or
of Decedent or estate of such
estate such deceased
deceased person
person or
or
Person of Unsound Mind. — In an
Person
action
of Unsound
action against
against an
an executor
Mind.
executor or
- In an
or administrator
administrator
against such
against such person
personof ofunsound
unsoundmind; mind;
4. A Aparty,
4. party,assignor
assignor of
of aa party,
party, oror aa person
person
or other representative
or other representative of aadeceased
deceased
person, or
person, against a person
or against person of
of unsound
unsound in whose
in whose behalf
behalf aa case
case isis prosecuted
prosecuted
mind,
mind, upon
upon a a claim
claim or demand against
or demand against thethe testifies
testi es on matter of
on a matter of fact
fact occurring
occurring
estate of such
estate of such deceased
deceased person
person or or against
against before the
before death of the
the death the deceased
deceased or or
such person
such person of unsound mind,
of unsound mind, where
where aa before
before the person became
the person became of unsound
unsound
party
party or assignor of
or assignor of aa party or aa person
party or person in in mind; and
mind; and
whose
whose behalf
behalf a a case
case isis prosecuted
prosecuted testifies
testi es 5. Statement
5. Statementwas wasmade
madeby by the
the deceased
deceased oror
on
on aa matter
matter of offact
factoccurring
occurringbefore
beforethe the! person of
person unsound mind
of unsound mind at at aa time
time where
where
death
death of the deceased
of the deceased person
person oror before
before thethe the matter
the matter hadhad been
been recently
recently perceived
perceived
person became
person became of unsound mind,
of unsound mind, any any by him
by him or
or her
her while
while his
his or
or her
her recollection
recollection
statement
statement of the deceased
of the deceased or the person
or the person was clear
was clear [Sec.
[Sec. 39,
39, Rule
Rule 130,
130, ROC].
ROC].
of unsound mind,
of unsound mind, may may be be received
received in in
evidence
evidence ifif the statement was
the statement was made
made uponupon Exception
Exception
the personal knowledge
the personal knowledge of of the
the deceased
deceased or or The statement is
The statement inadmissible ifif made
is inadmissible made under
under
the person of
the person unsound mind
of unsound mind at time
at a time circumstances
circumstances indicating
indicating its
its lacklack of
of
when
when the the matter
matter had had been
been recently
recently trustworthiness [Sec.
[Sec. 39,
39, Rule
Rule 130,
130, ROC].
ROC].
trustworthiness
perceived
perceivedby by himhim oror her
her and
and while
while his or
his or
her
her recollection
recollection waswas clear. Such statement,
clear. Such statement,
Declaration Against
3. Declaration Against Interest [Sec.
[Sec.
however, isisinadmissible
however, inadmissible if made made under
under
circumstances
circumstancesindicating indicatingitsits lack
lack of 40]
trustworthiness.
trustworthiness. (23a)(23a)
Sec.
Sec. 40.
40. Declaration
Declaration againstagainst Interest.
Interest.
NOTE:
NOTE: Sec.
Sec. 39
39 now reads the
now reads opposite of the
the opposite -—TheThedeclaration
declaration made made by by aa person
person
Deadman’s
Deadman's statute.
statute. “The Deadman’s Statute was
"The Deadman's deceased
deceasedor or unable
unable to to testify against the
testify against the
done
done away
away with
with and the testimony
and the testimony of the
of the interest of
interest the declarant,
of the declarant, ifif the the fact
fact
survivor,
survivor, as well as
as well as hearsay
hearsay evidence
evidence of the
of the asserted in
asserted in the
the declaration
declaration was was at at the
the time
time
deceased, may
deceased, may now
now be admitted" [Primer
be admitted” [Primer on
on the
the it was made
it was made so so farfar contrary
contrary to to thethe
2019
2019 Amendments
Amendments to the 1989
to the 1989 Revised
Revised Rules
Rules onon declarant's own
declarant's interest that
own interest that aa reasonable
reasonable
Evidence].
Evidence].
person
person in in his
his or her her position
position would
would not
have made
have made the declaration
declaration unless
unless he he oror
she believed
she believed it to be
it to be true,
true, may
may bebe received
received
Requisites
Requisites for
for Admissibility
Admissibility in evidence
in evidence against
against himself
himself or or herself
herself or
or his
his
or her successors
or her successors in interest and
in interest and against
against
General Rule
Rule third persons.
third persons. A statement
statement tendingtending to
1. The
1. The statement
statement was made by
was made the
by the expose the
expose declarant to criminal
the declarant criminal liability
liability
decedent or
decedent or a
a person
person of
of unsound
unsound mind;
mind; and offered
and offered toto exculpate
exculpate the the accused
accused isisnot not
2.
2. An action
An action was
was made
made against:
against: admissible
admissible unless
unless corroborating
corroborating
Anexecutor
a. An executor or
or administrator
administrator or
or circumstances clearly
circumstances clearly indicate
indicate the the
other
other representative
representative ofof a a trustworthiness of
trustworthiness of the
the statement.
statement. (38a)(38a)
deceased person;
deceased person; or
or
Personof
b. Person ofunsound
unsound mind
Requisites for
Requisites for Admissibility
Admissibility

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General Rule admissible only


admissible only when admissible whether
whenadmissible whether or
or
Declarantisis dead
1. Declarant dead or unable
unable to
to testify;
testify; declarant
declarant is not
not declarant
declarant is
is
2. Declaration
Declaration relates
relates to against the
to a fact against the unavailable
unavailable as available
as available as witness)
witness)
interest of witness)
interest of the
the declarant;
declarant; witness)
3. AtAtthe
thetime
timehehemade
madesaid
saiddeclaration,
declaration,
Binding Effect
Binding Effect
declarant was
declarant was aware
aware that the same
same was
contrary to hishis own
own interest;
interest; and
and
4. Declarant
4. Declarant had had no
no motive
motive to falsify
falsify and
and Admissible
Admissible against Admissible
against Admissible ONLY
ONLY
believed such declaration to be true. himself,
himself, his against
his against party
party and
and
believed such declaration to be true. successors-in-
successors-in- those identi
those identified
ed with
with
interest,
interest, and
and third
third him
him in
in legal
legal interest
interest
Exception persons
persons
statement tending to expose
A statement expose the declarant
declarant to
to
criminal liability
criminal liability and offered to exculpate
and offered exculpate the
the When Made
When Made
accused is not
accused not admissible
admissible unless
unless corroborating
corroborating
circumstances
circumstances clearly
clearly indicate
indicate the
the trustworthiness
trustworthiness Must precede
Must precede the
the May be made
May be made at
at any
any
of the
of the statement.
statement. controversy
controversy time, before
time, before or during
trial
trial
Declarations
Declarations against
against interest are admissible
interest are admissible
against
against the
the declarant,
declarant, and
and even
evenagainst
againsthis
his or 4. Act
Actor
orDeclaration
DeclarationAbout
About Pedigree
Pedigree
her successors-in-interest
successors-in-interest or persons [Sec.
or third persons [Sec. [Sec. 41]
[Sec. 41]
40, Rule
40, Rule 130,
130, ROC].
ROC].

ItIt isis essential


essential that at the
the time
time of
of the
the statement,
statement, Sec. 41.
Sec. 41. Act
Act or
or Declaration
Declaration About
About
the declarant's
the declarant’s interest
interest affected
affected thereby
thereby should
should Pedigree. -—The
Theact
actorordeclaration
declaration of aa
be actual, real
be actual, real oror apparent,
apparent, not
not merely
merely person deceased
person deceased or
or unable
unable to
to testify,
testify, in
contingent, future or, conditional;
contingent, conditional; otherwise
otherwise thethe respect to
respect to the
the pedigree
pedigree of of another
another person
person
declaration would
declaration would not in reality
not in reality be
be against
against interest
interest related to
related to him
him oror her
her byby birth,
birth, adoption,
adoption, oror
(Example: declarations regarding
(Example: declarations declarant’s
regarding a declarant's marriage or,
marriage in the
or, in the absence
absence thereof, with
inheritance are
inheritance are not
not admissible
admissible because
because these
these are
are whose family
whose family he or she
he or she was
was so so intimately
intimately
future interests) [Herrera].
future interests) [Herrera]. associated as
associated as to
to be
be likely
likely toto have
have accurate
accurate
information concerning
information concerning his his or
or her
her pedigree,
pedigree,
may be
may be received
received in evidence where
in evidence whereitit
Declarations Extrajudicial
Extrajudicial occurred before
occurred before the controversy,
controversy, and and the
Against Interest
Against Interest Admissions
Admissions relationship
relationship between
between the persons is
the two persons is
[Sec. 40]
[Sec. 40] [Sec. 27]
[Sec. 27] shown by
shown evidence other
by evidence other than such act
than such act or
or
declaration. The
declaration. The word "pedigree"
"pedigree" includes
includes
Declarant
Declarant
relationship, family
relationship, genealogy, birth,
family genealogy, birth,
marriage, death, the dates
marriage, dates when and the
Declarant is
Declarant is either
eitherDeclarant
Declarantisisaa party
party to
to places where
places where these
these facts
facts occurred,
occurred, andand the
the
dead or unavailable
dead unavailable to
to the
the case.
case. names of the
names the relatives.
relatives. ItItembraces
embraces alsoalso
testify (i.e., not
testify (i.e., not aa facts of
facts of family
family history
history intimately
intimately connected
connected
party to
party the suit).
to the suit). with pedigree.
with pedigree. (39a)
(39a)
Nature of
Nature Evidence and
of Evidence and Admissibility
Admissibility
Pedigree includes:
Pedigree includes:
Secondary
Secondary (i.e. Primary
(i.e. Primary (i.e.
(i.e. 1. Relationship;
1. Relationship;
2. Family
2. Familygenealogy;
genealogy;
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EVIDENCE REMEDIAL LAW

3. Birth;
3. Birth;
previous
previous to
to the controversy, in
the controversy, in respect
respect to
to
4.
4. Marriage;
Marriage;
the pedigree
the pedigree of any
any one
one of
of its
its members,
members,
5.
5. Death;
Death;
may
may bebe received
received in
in evidence
evidence ifif the witness
the witness
Dateswhen
6. Dates whenthese
these facts
facts occurred;
occurred;
testifying thereon
testifying thereon be
be also
also a
a member
member of of the
the
7. Places
7. Placeswhere
where these
these facts
facts occurred;
occurred; family, either
family, either by
by consanguinity,
consanguinity, affinity,
af nity, or
or
8.
8. Names
Names of
of relatives;
relatives; and
and adoption.
adoption. Entries
Entries in
in family bibles or
family bibles or other
9. Facts
9. Facts of
of family
family history
history intimately
intimately family books
family books or
or charts,
charts, engraving
engraving on on rings,
rings,
connected
connected with pedigree [Sec.
with pedigree [Sec. 40, Rule
40, Rule family portraits
family portraits and
and the like, may
the like, may be be
130,
130, ROC].
ROC]. received
received asas evidence
evidence of of pedigree.
pedigree. (40a)
(40a)

This rule
This may also
rule may also consist
consist of
of proof
proof of acts or
of acts or
Requisites
Requisites for
for Admissibility
Admissibility
conduct of relatives
conduct relatives and
and the
the mode
mode of treatment
of treatment
1. There is controversy in respect
1. There is controversy respect to
to the
in the
in the family
family of
of one
one whose
whose parentage
parentage is
is in
pedigree of
pedigree of any the members
any of the members of of aa
question [Herrera].
question [Herrera].
family;
family;
2.
2. The
The reputation or tradition
reputation or of the
tradition of the
Requisites
Requisites for
for Admissibility
Admissibility pedigree of
pedigree of the
the person
person concerned
concerned existed
existed
1. The
Thedeclarant
declarantmust
mustbe be dead
dead or or unable
unable to
1. to previous to the controversy;
previous controversy;
testify; 3. The
3. Thewitness
witnesstestifying
testifying to
to the
the reputation
reputation
2. The
Thepedigree
pedigreeininissue
issue ofof is
is relevant;
relevant;
or tradition
or tradition regarding
regarding the
the pedigree
pedigree ofof the
the
3. The
The personwhose
person whosepedigree
pedigree is is in
in question
question
person is
person is a
a member
member of the family
of the family of
of said
said
must be related to the declarant by
must by
person, either
person, either by by consanguinity
consanguinity or
a. Birth;
a. Birth;
affinity
af or adoption
nity or adoption [Sec.
[Sec. 42, Rule
Rule 130,
130,
Adoption;
b. Adoption; ROC; People
ROC; People v.v. Alegado,
Alegado, G.R.
G.R. No.
No. 93030-
93030-
c. Marriage;
c. Marriage; or
31 (1991)].
31 (1991)].
d. InInthe
d. theabsence
absencethereof,
thereof, whose
whose
family he/she
family he/she was so intimately
Other Admissible
Admissible Evidence
Evidence of Pedigree
associated as
associated as to
to be
be likely
likely to
to have
have
1. Entries
1. Entries ininfamily
family bibles
bibles or
or other
other family
family
accurate information
accurate information concerning
concerning books;
books;
his/her pedigree
his/her pedigree 2. Charts;
2. Charts;
4. The
4. Thedeclaration
declarationmust
mustbe be made
made before the the 3. Engraving
3. Engraving on
on rings;
rings;
controversy arose;
controversy arose; and
and 4. Family
Family portraits
portraits and
and the like
like [Sec.
[Sec. 42,
5. The
5. Therelationship
relationship between
between the the declarant
declarant Rule 130,
Rule 130, ROC]
ROC]
and the
and the person
person whose
whose pedigree
pedigree is is in
This enumeration,
This enumeration, in in light ejusdem
light of the rule of ejusdem
question must
question shown by
must be shown by evidence
evidence
generis, is
generis, is limited
limited to objects which
to objects which are
are commonly
commonly
other than
other than such
such declaration
declaration [Sec. [Sec. 41, known as
known as "family
"family possessions,"
possessions," or or those
those articles
articles
Rule 130;
Rule People v.
130; People Ritter, G.R.
v. Ritter, G.R. No.
No. which represent,
which represent, inin effect,
effect, aa family's
family's joint
joint
88582
88582 (1991); Herrera, 641].
(1991); Herrera, 641]. statement ofof its
statement its belief
belief asas to
to the
the pedigree
pedigree of
of aa
[Jison v. Court
person [Jison
person Court of of Appeals,
Appeals, G.R.
G.R. No.
No.
Family Reputation
5. Family Reputation or Tradition 124853 (1998)].
124853 (1998)].
Regarding Pedigree [Sec. 42]
42]
Pedigree
Pedigree Family Reputation
Family
[Sec. 41]
[Sec. 41] [Sec. 42]
[Sec.
Sec.
Sec. 42.
42. Family
Family Reputation
Reputation or
or
Tradition Regarding
Tradition Regarding Pedigree
Pedigree — The !
- The Declarant
Declarant
reputation or
reputation or tradition
tradition existing
existing in a family |

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EVIDENCE
EVIDENCE REMEDIAL LAW

1. Family
1. Family Unknown
Unknown
b.
b. Events
Events of
of general
general history
history
member; or important to
important to the
the community;
community;
member; or c. Marriage;
c. Marriage; oror
2. Someone
2. Someone
intimately
intimately d. Moral
d. Moralcharacter
character [Sec.
[Sec. 43,
43, Rule
Rule
associated w/
associated w/ 130, ROC].
130, ROC].
the family
the family NOTE: The
NOTE: The 30-year
30-year rule
rule was
was removed
removedinin the
the
Amended Rules.
Amended Rules.
Availability of
Availability of Declarant
Declarant

Admissible Evidence
Other Admissible Evidence of Common
Common
Declarant isisdeceased
Declarant deceasedDeclarant
DeclarantMAY be
MAY be
Reputation
Reputation
or unable
or unable to
to testify
testify available to
available to testify
testify
1. Monuments
1. Monuments
Witness
Witness 2. Inscriptions in public places [Sec. 43,
2. Inscriptions
Rule 130,
Rule in public places [Sec. 43,
130, ROC]
ROC]

Third party
Third (someoneFamily
party (someone Family member
member by
by Reputation has been
Reputation has been held
held admissible
admissible as
as evidence
evidence
who
who heard
heard the
the afaffinity,
nity, of age,
of age, birth,
birth, race,
race, or
or race-ancestry,
race-ancestry, and
and on
on the
declarant)
declarant) consanguinity,
consanguinity, or
or
adoption
adoption question of whether
question whether a child was born
born alive.
alive.

Evidence Aliunde
Evidence Aliunde of
of Relationship
Relationship Unlike that
Unlike of matters
that of matters ofofpedigree,
pedigree, general
general
reputationof
reputation ofmarriage
marriage may
may proceed
proceed from
from persons
persons
Evidence
Evidence of Not
of Notneeded
needed who are
who are not
not members
members of of the
the family
family —
— the
the reason
reason
relationship
relationship other
other for the distinction is the public interest [In
for the distinction is the public interest [In re:
re:
than the
than the declaration
declaration is
is Florencio Mallare,
Florencio Mallare, A.M.
A.M.No.
No.533533(1974)].
(1974)].
required
required

Common Rumor
Rumor
Common Reputation [Sec.
6. Common [Sec. 43]
43] Reputation
Reputation

Reputation involves a Rumor


Reputation involves Rumor is is loose
loose talk
talk
SECTION
SECTION 43. Common Common Reputation.
Reputation.- — general estimate
general estimate by
by which
which the
the community
community
Common
Common reputation
reputation existing
existing previous
previous to to the the community
the community asas aa has
has notnot had had anan
controversy, as
controversy, boundaries of
as to boundaries customs
of or customs whole.
whole. opportunity
opportunity to
to
affecting lands
affecting lands in the community
in the community and and evaluate and
evaluate and accept
accept
reputation as
reputation events of
as to events of general
general history
history or reject
or [Herrera,
reject [Herrera,
important to
important to the
the community,
community, or or respecting
respecting 667, citing the
667, citing the US
US
marriage or moral character,
marriage character, may
may be be given
given in case: Moore
case: Moore v. U.S.,
v. U.S.,
evidence. Monuments
evidence. Monuments and and inscriptions
inscriptions in
in public
public 123].
123].
places may
places may be
be received
received as
as evidence
evidence ofof common
common
reputation. (41a)
reputation. (41a)

Requisites
Requisites for
for Admissibility
1. Common
1. Common reputation existed ante
reputation existed litem
ante litem Common
Common Character
Character
motam;
motam; Reputation
Reputation
2. Reputation
Reputationpertains
pertains to:
to:
Definite
De nite opinion
opinion of
of the Refersto
theRefers tothe
the inherent
inherent
a.
a. Boundaries
Boundaries of of or
or customs
customs community in
community which qualities
in which qualities of aa person;
person;
affecting
affecting lands inin the
lands the the act
the act to
to be
beproved
provedis is but
but under Rule 130,
under Rule 130,
community;
community; known or exists.
known exists. Sec. 43, character
Sec. character is
is

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REMEDIAL

2. Verbal
2. Verbal Acts
Acts
permitted to be
patalised
established byby his
his Statements made
Statements made byby an
an actor
actor which
which are
are
common reputation
common reputation admissible in
admissible evidence to
in evidence explain an
to explain an
[Regalado].
[Regalado]. independent
independent and ambiguous
and ambiguous act act
[Wigmore].
[Wigmore].
7. Part
Partof
ofthe
theRes
Res Gestae
Gestae [Sec.
[Sec. 44]
44]
Illustration: AA rape
Illustration: rape victim pointing
pointing to to her
her
swollen private part saying
swollen saying “it
"it hurts”
hurts" and
Sec. 44.
Sec. of the
44. Part of the Res
Res Gestae.
Gestae. -— using her foot and
using and finger
nger to show
show what
what
Statements made
Statements madeby by aa person
person while
while a ! the accused
the accused had had done
doneto [People v.
to itit [People v.
startling occurrence
startling occurrence isis taking
taking place
place or | Velasquez, G.R.
Velasquez, G.R. Nos.
Nos. 132635
132635 & &
immediately prior or
immediately or subsequent
subsequent thereto,
thereto, 14387275 (2001)].
14387275 (2001)].
under the
under the stress
stress of
of excitement
excitement caused
caused by
by !
the
the occurrence
occurrence with withrespect
respecttotothe the
circumstances
circumstancesthereof,
thereof,may may be given in
be given in
Spontaneous
Spontaneous Verbal
Verbal Acts
Statements
Statements
evidence
evidence as
as part of the
part of theresresgestae.
gestae.So,So,i
also, statements
also, statements accompanying
accompanying an Requisites
Requisites
equivocal act materialtoto the
equivocal act material the issue,
issue,and
and
giving it aalegal
giving legalsigni
significance,
cance, may may bebe
1. The
1. Theprincipal
principal act, 1. The
act, 1. resgestae
Theres gestae or
or
received as
received as part
part of
of the res gestae.
the res gestae.
the res gestae,
the res gestae, be
be principal act
principal actor
orto
to
made due to aa
made be characterized
be characterized
Res gestae
Res gestae ("things
(“things done")
done”) refers
refers to those
those startling
startling must be
must be
exclamations and
exclamations and statements
statements made
made byby either
either the
the occurrence.
occurrence.
2. Thestatements
statements equivocal.
equivocal.
participants, victims,
participants, victims, oror spectators
spectatorsto to aa crime
crime 2. The 2. Suchact
act must
must be
were made
were made 2. Such be
immediately before,
immediately before, during,
during, oror after
after the the material toto the
before the
before the material the
commission
commission ofof the
the crime, when the
crime, when the circumstances
circumstances declarant had
declarant had the
the issue.
issue.
such that the
are such the statements
statements were
were made
made as as a opportunity to
opportunity to 3.
3. Thestatements
The statements
spontaneous reaction
spontaneous reaction oror utterance
utterance inspired
inspired byby the
the contrive.
contrive. must accompany
must accompany
excitement of
excitement occasion and
of the occasion and there
there was
was no no 3. The
The statements
statements
the equivocal
the equivocal act.
act.
opportunity for
opportunity for the
the declarant
declarant to
to deliberate
deliberate and
and toto must refer
must refer to
to the
the
occurrence inin
occurrence 4. The
4. Thestatements
statements
fabricate aa false
fabricate statement [DBP
false statement [DBP PoolPool of of give
give legal
a legal
question and
question and its
its
Accredited Insurance
Accredited Insurance Companies
Companies v.v. RadioRadio attending
attending significance
signi cance to to
Mindanao Network,
Mindanao Network,Inc., G.R. No.
Inc., G.R. No. 147039
147039 circumstances
circumstances the equivocal
the equivocal actact
(2006)].
(2006)]. [Talidano v.v.
/Talidano [Talidano v.
[Talidano v.
Falcon Maritime,
Falcon Maritime, Falcon Maritime,
G.R. No.
No. 172031 Falcon Maritime,
Two types of res gestae: G.R. 172031
G.R. No.
G.R. No. 172031
172031
(2008)].
(2008)].
1. Spontaneous
Spontaneous Statements (2008)].
(2008)].
Natural and
Natural and spontaneous
spontaneous statements
statements
made by
made by another
another as as that
that startling
startling When made
When made
occurrence
occurrence was was taking
taking place
place or or
immediately prior
immediately prior or
or subsequent
subsequent thereto,
thereto, 1. Spontaneous
1. Spontaneous Verbal act
Verbal act must have
have
which are
which are unre
unreflected and instinctive
ected and instinctive exclamations may
exclamations beenmade
maybeen made at the
the
[People v.
[People Peña, G.R.
v. Peña, G.R. No.
No. 133964
133964 have been made
have time, and
made time, and not
not after,
after,
(2002)].
(2002)]. before, during or
before, during or the
the equivocal
equivocal act
act was
was
immediately after
immediately being performed
after being performed

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EVIDENCE
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admissible as
admissible as aa dying
dying declaration,
declaration, yet such
yet if such
the startling
the startling [2 Regalado
[2 Regalado 790,
790,
occurrence [2
occurrence /2 2008 Ed.].
2008 Ed.]. declaration
declarationwas
wasmade
madeatatthe
the time
time of, or
of, or
Regalado 790,
Regalado 790, immediately after,
immediately the commission
after, the commission of of the
the crime,
crime,
2008 Ed.];
2008 Ed.]; and
and at aa time
or at time when
when thethe exciting
exciting in
influence
uence of
of the
the
2. Must
2. Must be
be under
under startling occurrence
startling occurrence still
still continued
continuedinin the
the
the stress
the stress or
or declarant’s mind,
declarant's mind, itit is
is admissible
admissible as
as part
part of the res
of the res
excitement
excitement gestae [People
[People v. Putian,
Putian, G.R.
G.R. No.
No. L-33049
L-33049
gestae
caused by
caused by the
the
(1976)].
(1976)].
occurrence [Sec.
occurrence [Sec.
44, Rule
44, Rule 130,
130,
ROC].
ROC]. Records of
8. Records of Regularly
Regularly Conducted
Business Activity
Business Activity [Sec.
[Sec.45]
45]
NOTE: Utterances
NOTE: Utterances made
made over
over 24
24 hours
hoursafter
after the
the
incident occurred cannot be considered as partof
incident occurred cannot be considered as part of
Sec.
Sec. 45.
45. Records
Records of
of Regularly
Regularly
the res gestae.
the res gestae. Conducted Business
Conducted BusinessActivity.
Activity.—- AA
memorandum, report,
memorandum, report, record
record or data
or data
There must
There must bebe no
nointervening
interveningcircumstances
circumstances compilation of acts,
compilation acts, events,
events, conditions,
conditions,
between
between the res gestae
the res gestae occurrence
occurrence and
and the
the time
time opinions, or
opinions, or diagnoses,
diagnoses, made
made by writing,
by writing,
the statement
the statement was
was made
made asas could
could have
have afforded
afforded typing, electronic,
typing, electronic, optical
optical or
or other
other similar
similar
the declarant
the declarant an opportunity
opportunity for deliberation
deliberation or
or means
meansatat or or near
near thethe time
time of or from
of or from
reflection;
re other words,
ection; in other words, the
the statement
statement waswas transmission
transmission or or supply
supply ofof information by aa
information by
unreflected
unre ected and [People v.
instinctive [People
and instinctive Jorolan,
v. Jorolan, person with
person knowledge thereof,
with knowledge thereof, and
and kept
kept
G.R.
G.R.Nos.
Nos.142683-84
142683-84 (2003)].
(2003)]. in the regular
in the regular course
course or conduct of
or conduct of aa
business
business activity,
activity, and
and such
such waswas the
the regular
regular
Res Gestae
GestaeDistinguished
Distinguished from
from Dying practice to
practice tomakemake the thememorandum,
memorandum,
Declaration report, record,
report, record, or or data
data compilation
compilation by by
electronic, optical
electronic, optical or or similar
similar means,
means, all
all of
of
Res Gestae
Res Gestae Dying Declaration
Dying Declaration which
which are
are shown
shown by by the testimony of
the testimony the
of the
custodian or other
custodian other quali
qualified witnesses, is
ed witnesses,
Must
Must be
be a
a Must be given
Must be given under
under
excepted
exceptedfrom from the rule on
the rule on hearsay
hearsay
spontaneous
spontaneous awareness of
awareness of
statement [Sec.
evidence.
evidence.
statement [Sec. 44, impending death
44, impending death [Sec.
[Sec.
Rule 130,
Rule 130, ROC].
ROC]. 38, Rule
38, Rule 130].
130].
Under the
NOTE: Under the Revised
Revised Rules
Rules onon Evidence,
Evidence,
Section 45
Section 45 no longer requires
no longer requires for
for the
the entrant
entrant to
to
Made by
Made participants, Made
by participants, Made by
by the
the victim
victim
victims, or
or spectators.
spectators. only.
only. be dead
be dead or unable
unable to testify, and
and covers
covers written
victims,
and electronic
and electronic documents
documents as well, adopting
as well, adopting
May
May precede, Only
precede, Only after
after the
the Section 1,
Section Rule 8 of
1, Rule of the
theRules
Rules on
onElectronic
Electronic
accompany, oror be
accompany, be homicidal
homicidal act.
act. Evidence [Primer
Evidence [Primer on
on the
the 2019
2019 Amendments
Amendmentsto
to the
the
after the
after the homicidal
homicidal act
act 1989 Revised
1989 Revised Rules
Rules on
on Evidence].
Evidence].
[People v.
[People v. Reyes,
Reyes, G.R.
G.R.
Nos.
Nos. L-1846–48
L-1846-48
(1949)].
(1949)].

Requisites for
Requisites for Admissibility
Admissibility
declaration which
NOTE: A declaration which does
does not
not appear
appear to
to
1. Memorandum,
1. Memorandum, report,
report, record
record or data
data
have been
have been made
made by the declarant
by the declarant under
under the
the
compilation
compilation
expectation of
expectation of aa sure
sure and
and impending
impendingdeath
deathisisnot
not

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2. OfOfacts,
acts,events,
events,conditions,
conditions, opinions,
opinions, or
or
Sec. 46.
46. Entries in Of
Official Records. —
cial Records. —
diagnoses
diagnoses
Entries in
Entries official
in of records made
cial records made inin the
the
3. Made
3. Made by by writing,
writing, typing,
typing, electronic,
electronic,
performance of
performance of his
his or
or her
her duty
duty by
by aa public
public
optical, or
optical, or other
other similar
similar means
means
officer
of of the
cer of the Philippines,
Philippines, or by a
or by a person
person in
in
4. At or near the
4. At or near the time of time of oror from
from the performance
the performance of of aa duty
dutyspecially
specially
transmission
transmission or or supply
supply of of information
information enjoined by
enjoined by law,
law, are
are prima
prima facie
facie evidence
evidence
Entranthad
5. Entrant had knowledge
knowledge thereof
thereof of the
of the facts
facts therein stated.
stated.
Recordsare
6. Records are kept
kept in
in the
the regular
regular course
course oror
conduct
conduct of a business
of a business activity
activity
7. The
Themaking
makingofofthe
thememorandum,
memorandum, report, Requisites for
Requisites for Admissibility
Admissibility
record, or
record, or data
data compilation
compilation by by electronic,
electronic, 1. That
1. Thatthe
theentry
entry was
was made
made by aa public
public
optical or
optical or similar
similar means
means is is regular
regular officer,
of cer, or or by
byanother
anotherperson
person specially
specially
practice
practice enjoined by
enjoined bylaw
lawtotodo
doso;
so;
8. All
8. All ofofthe
theabove
above are are shown
shown by by the
the 2. That
2. Thatit itwas
wasmade
madeby bythe
thepublic
public of
officer
cer in
testimony
testimonyofof a custodiancustodian or or other
other the performance
the performance of of his
his duties,
duties, or
or by
by such
such
qualified
quali ed witness
witness [Sec.
[Sec. 45, Rule 130,
45, Rule 130, other person
other person in thethe performance
performance of of aa
ROC].
ROC]. duty specially
duty specially enjoined
enjoined by by law; and
law; and
3. That
3. Thatthe thepublic
publicofofficer
cer ororother
otherperson
person
Reason
Reason for
for Rule had suf
had sufficient knowledge of the facts
cient knowledge facts by
The
The duty
duty ofof the
the employees
employees toto communicate
communicate facts
facts him stated,
him stated, which
which mustmust have
have been
been
is
is itself
itself aa badge
badge of of trustworthiness
trustworthiness of
of the entries acquired by
acquired him personally
by him personally or through
through
[Security Bank
[Security Bank and
and Trust
Trust Company
Company v.v. Gan,
Gan, G.R.
G.R. official
of information [UCPB
cial information [UCPB General
General
No. 150464
No. 150464 (2006)].
(2006)]. Insurance, Co.,
Insurance, Co., Inc. v. Pascual
Inc. v. Pascual Liner,
Liner,
Inc., G.R.
Inc., G.R. No.
No. 242328
242328 (2021)].
(2021)].
These entries
These entries are
are accorded
accorded unusual
unusual reliability
reliability
because their
because regularity and
their regularity and continuity
continuity are
are Grounds for
Grounds for Trustworthiness of Public
calculated to
calculated discipline record
to discipline record keepers
keepers in
in the
the habit
habit Documents and the
Documents and the Entries
Entries Made
Made
of precision
of [LBP v.
precision [LBP v. Monet's
Monet’s Export
Export and
and Therein
Therein
Manufacturing Corp.,
Manufacturing Corp., G.R.
G.R. No.
No. 184971
184971 (2010)].
(2010)]. 1.
1. The
The sense of of
sense of cial duty
official duty in
in the
the
preparation of the statement
preparation statement made;
made;
Entries in
Entries in the
the payroll,
payroll, being
being entries
entries in
in the
the course
course 2. The
2. Thepenalty
penaltywhich
whichisis usually
usually af
affixed
xed to aa
of business,
of business, enjoy
enjoy the
the presumption
presumption of regularity
of regularity breach of
breach of that
that duty;
duty;
[Sapio v.
[Sapio v. Undaloc
Undaloc Construction,
Construction, G.R.
G.R. No.
No. 155034
155034 3. The
3. Theroutine
routineand anddisinterested
disinterested origin
origin of
of
(2008)].
(2008)]. most such
most such statements;
statements; andand
4. The
4. Thepublicity
publicity ofofrecord
record which
which makes
makes
Entrant Madethe
Entrant Made the Entry
Entry in
in His
His more likely
more likely the
the prior
prior exposure
exposure of such
of such
Professional Capacity
Professional Capacity or orinin the
the errors as
errors as might
might have occurred [Herce,
have occurred [Herce,Jr.
Jr.
Performance of Duty v. Municipality
v. Municipality of of Cabuyao,
Cabuyao, Laguna,
Laguna, G.R.
G.R.
Bookkeeping entries
Bookkeeping entries made
made by
by the
the treasurer
treasurer of
of aa No. 166645
No. 166645 (2005)].
(2005)].
school on
school matters not
on matters not coming
coming within
within his
his
authority, are
authority, are not
not admissible [Herrera, 727
admissible [Herrera, 727 citing
citing NOTE: Entries
NOTE: Entries in official
in of records are
cial records are merely
merely
Moran citing
Moran Amory v.
citing Amory Amherst College].
v. Amherst College]. primafacie
prima facieevidence
evidence of
of the
the facts
facts therein stated
stated
[Sec. 46,
[Sec. 46, Rule
Rule 130,
130, ROC].
ROC]. Entries
Entries in police
in a police
blotter are
blotter are not
not conclusive
conclusive proof
proofofofthe
the truth
truth of
of
Entriesin
9. Entries inOf
Official Records [Sec.
cial Records [Sec. 46]
46]

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EVIDENCE REMEDIAL LAW

such entries
such [People V.
entries [People v. Cabuang,
Cabuang, G.R.
G.R. No.
No. Standard
Standard price
price lists
lists and market quotations
and market quotations and
and
103292
103292 (1993)].
(1993)]. reportswhich
reports which have
have been
been published
published in
in newspapers
newspapers
and trade
and trade journals,
journals, being
being shown
shown to have been
to have been in
in
A sheriff’s return
A sheriff's an of
return is an official statement by
cial statement by a general circulation
general circulationand andrelied
reliedonon by the
by the
public official
public of cial in the performance
in the performance ofof aa duty
duty commercial world
commercial world or those who are engaged
or those engaged in
specially enjoined
specially enjoinedby by law
law and is prima
and is prima facie
facie trade and
trade and constantly
constantly accepted
accepted and
and acted
acted upon
upon by
by
evidence of
evidence of the facts
facts therein
therein stated.
stated. Being
Being an
an dealers, are
dealers, are admissible
admissible as as evidence
evidenceof of the
the state
state
exception to
exception to the
the hearsay
hearsay rule,
rule, the
the sheriff
sheriff need
neednot
not of the
of the markets
markets and
and like facts [Herrera,
like facts [Herrera, 759
759 citing
citing
testify in
testify in court
court as
as to
to the
the facts
facts stated
stated in
in said
said return
return Virginia
Virginia v.v. West
West Virginia].
Virginia].
[Manalo v.
[Manalo v. Robles
Robles Trans.
Trans. Co.,
Co., G.R.
G.R. No.
No. L-L- 8171
8171 Need for
Need for Authentication
(1956)].
(1956)]. They must
They must be
be shown
shown to have been
to have been obtained
obtained from
from
authoritative or
authoritative reliable sources
or reliable sources in usual
in the usual
Baptismal certificates
Baptismal certi catesor parochial records
or parochial records of
of course of
course business and
of business and the sources of
the sources the
of the
baptism are
baptism are not
not official records[Fortus
of cial records [Fortusv.
v. Novero,
Novero, information from which
information from which they
they have
have been
been compiled
compiled
G.R.
G.R.No.
No. L-22378
L-22378 (1968)].
(1968)]. must
must be
be known
known and disclosed[Herrera,
and disclosed [Herrera, 760
760 citing
citing
Atlantic
Atlantic Nat.
Nat. Bank
Bank v.
v. Korrick].
Korrick].
10.
10.Commercial
Commercial Lists
Lists and
and the
the Like [Sec.
47]
47] 11. Learned Treatises [Sec. 48]
11.Learned 48]

Sec. 47.
Sec. Commercial Lists
47. Commercial Lists and
and the Sec.
Sec. 48.
48. Learned
Learned Treatises. — AA
Treatises. —
Like. -—Evidence
Like. Evidenceof ofstatements
statements of matters published treatise,
published periodical or
treatise, periodical pamphlet
or pamphlet
of interest to
of interest to persons
persons engaged
engaged in an
in an on aa subject
on subject of
of history,
history, law,
law, science,
science, or
or art
art
occupation
occupation contained
containedinin aa list,
list, register,
register, is
is admissible
admissible as
astending
tending toto prove
prove the
the truth
truth
periodical, or
periodical, other published
or other published compilation
compilation of
of aa matter stated therein
matter stated therein ifif the
the court
court takes
takes
is
is admissible
admissible as astending
tending to
to prove
prove thethe truth
truth judicial notice,
judicial notice, or witness expert
or a witness expert in
in the
any relevant
of any relevant matter
matter soso stated
stated ifif that
that subject testifies,
subject testi es,thatthat the
the writer
writer of the
of the
compilation is
compilation is published
published for
for use
use byby persons
persons statement in the
statement the treatise,
treatise, periodical
periodical or
engaged
engagedinin that that occupation
occupation and and is is pamphlet
pamphletisis recognized
recognizedinin his his or her
or her
generally used
generally used and
and relied
relied upon
upon by by them profession
professionoror calling
calling asas expert
expert in the
in the
therein.
therein. subject.
subject.

A Document is aa Commercial
CommercialList
ListIf:
If: AA published
published treatise
treatise may
may bebe admitted
admitted as
as tending
tending
1. It It
1. is isa astatement
statementofofmatters
matters of
of interest
interest to
to to prove
to prove the truth of its content if the court
court
persons engaged
persons engaged in
in an
an occupation;
occupation; takes either:
takes either:
Such statement
2. Such statement is contained
contained in list,
in a list, 1. Judicial notice
1. Judicial notice of it, or
register periodical,
register periodical, or other
other published
published 2. A Awitness
2. witnessexpert
expertininthe
the subject
subject testi
testifies
es
compilation;
compilation; that the
that the writer
writer of
of the
the statement
statement in the
3. Said
3. Saidcompilation
compilationisis published
published for the use
use
treatise, periodical
treatise, periodical oror pamphlet
pamphlet is
is
of persons
of persons engaged
engaged in that occupation;
in that occupation;
and recognized
recognized in in his/her profession or
his/her profession or
4. It Itis isgenerally
4. generallyused
used and
and relied
relied upon
upon by calling as
calling as expert
expert inin the subject [Arreza
the subject [Arreza
persons in
persons same occupation
in the same [PNOC
occupation [PNOC v. Toyo,
v. Toyo, G.R.
G.R. No.
No. 213198
213198 (2019)].
(2019)].
Shipping && Transport
Shipping Transport Corp.
Corp.v.v. Court
Courtof
of
Appeals, G.R.
Appeals, G.R. No.
No. 107518
107518(1998)].
(1998)]. NOTE: Scienti
NOTE: Scientific studies or
c studies or articles
articles and
and websites
websites
which were
which were culled
culled from the internet,
from the internet, attached
attached to
to
Illustration:
Illustration: the Petition, and were not testified to by
the Petition, and were not testi ed to by an an
169
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REMEDIAL LAW

expert
expert witness
witness are
are hearsay
hearsay in
in nature
nature and
and cannot
cannot 13.
13.Residual
ResidualException
Exception [Sec.
[Sec. 50]
50]
be given
be given probative
probative weight [Paje v.
weight [Paje v. Casiño,
Casiño, G.R.
G.R.
No.
No. 207257
207257 (2015)].
(2015)].
Sec. 50. Residual
Sec. 50. Exception.—- AA
Residual Exception.
statement not
statement not speci
specifically covered by
cally covered any
by any
12. Testimony or Deposition at a
12.Testimony
of thetheforegoing
foregoing exceptions,
exceptions, having having
Former Proceeding [Sec.
[Sec. 49]
49] equivalent circumstantial guarantees
equivalent circumstantial guarantees of
trustworthiness, is
trustworthiness, admissible ifif the
is admissible the court
determines
determinesthat that (a) (a) thethe statement
statement is is
Sec. 49.
Sec. 49. Testimony
Testimony or Deposition at a
offered as evidence
offered as evidence of of aa material
material fact; (b)
fact; (b)
Former Proceeding.
Proceeding. -—The
Thetestimony
testimony or
the statement is
the statement more probative
is more probative on the
on the
deposition of
deposition of aa witness
witness deceased
deceased or or out
out of
of
point
point for which it
for which is offered
it is offered than
than anyany other
other
the Philippines
the Philippines or who who cannot,
cannot, with duedue
evidence
evidence which
which thethe proponent
proponent can can procure
procure
diligence,bebe found
diligence, found therein,
therein, oror is is
through reasonable
through reasonable efforts; efforts; andand (c)(c) the
unavailable
unavailable oror otherwise
otherwise unable
unable to
to testify,
testify,
general purposes
general purposes of these Rules
of these Rules and
and the
the
given
given in aa former
former case
case ororproceeding,
proceeding,
interests
interests of justice will
of justice will bebe best
best served
served by by
judicial or
judicial or administrative,
administrative, involving
involving the
admission
admission of of the statement into
the statement into evidence.
evidence.
same parties
same parties and
and subject
subject matter,
matter, may be
However,
However,aa statement
statement may may not not be be
given
given in
in evidence
evidence against
against the
the adverse
adverse party
party
admitted under this exception
admitted under this exception unless the unless the
who had the
who had the opportunity
opportunity toto cross-examine
cross-examine
proponent
proponent makesmakes known known to the the adverse
adverse
him
him or
or her.
party, suf
party, sufficiently
ciently in advance of
in advance the
of the
hearing, or
hearing, or by the the pre-trial
pre-trial stage
stage in in the
Requisites
Requisites for
for Admissibility case of
case a trial
of a trial of
of the
the main
main case,
case, to provide
to provide
1. Thetestimony
1. The testimonyor ordeposition
deposition ofof aa witness
witness the adverse
the adverse party
party with
with aa fair
fair opportunity
opportunity to to
deceased
deceasedor or otherwise
otherwiseunable
unableto totestify;
testify; prepare to
prepare meet it,
to meet it, thetheproponent's
proponent's
2. Thetestimony
2. The testimonywaswasgiven
givenininaa former
former case
case intention to offer
intention offer the the statement
statement and and the
or proceeding, judicial
or proceeding, judicial or administrative;
or administrative; particulars
particulars of of it, including
including the the name
name and and
3. Involving
Involvingthe
thesame
same parties;
parties; address of
address of the
the declarant.
declarant.
Relatingto
4. Relating tothe
thesame
same matter;
matter;
5. The adverse
5. The adverse party
party having
having had had the
the Rationale
opportunity cross-examine him
opportunity to cross-examine him The 2019
The 2019 amendments
amendments introduced
introduced aa catchall
catchall
[Republic v.
[Republic v. Sandiganbayan,
Sandiganbayan, G.R.
G.R. No.
No. provision, known as
provision, known as Residual
Residual Exception,
Exception, to cover
to cover
152375 (2011)].
152375 (2011)]. other
other statements
statements having equivalent
having equivalent
circumstantial guarantees
circumstantial guaranteesofoftrustworthiness
trustworthiness
Rationale as those
as those enumerated,
enumerated, subject
subject to certain
certain
The reasons
The reasons for
for the
the admissibility
admissibility ofof testimony
testimony oror conditions. These
conditions. These exceptions
exceptions are based on
are based Rule
on Rule
deposition taken
deposition taken at trial or
at a former trial or proceeding
proceeding 807 of
807 of the
theU.S.
U.S. Federal
Federal Rules
Rules of
of Evidence.
Evidence. Thus,
Thus,
are the
are the necessity
necessity for for the
the testimony
testimony and and its U.S. jurisprudence
U.S. jurisprudence and and commentaries
commentaries are are
trustworthiness. However, before the former persuasive.
persuasive.
trustworthiness. However, before the former
testimony or deposition
testimony deposition cancan be
be introduced
introduced in
evidence, the
evidence, the proponent
proponent mustmust first
rst lay
lay the
the proper
proper
predicate therefor,
predicate the party
therefor, i.e., the party must
must establish
establish
Requisites for
Requisites for Admissibility
Admissibility
the basis
the basis for
for the
the admission
admission of thethe deposition
deposition in
1. Statement
1. Statement not
notspeci
specifically covered by
cally covered
the realm of admissible evidence [Republic v.
the realm of admissible evidence [Republic v. any of
any of the foregoing
foregoingexceptions;
exceptions;
Sandiganbayan,
Sandiganbayan, supra].
supra].
2.Has
Hasthethe
equivalent
equivalentcircumstantial
circumstantial
guarantees of trustworthiness;
guarantees trustworthiness;

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3. The
3. Thecourt
courtdetermines
determines that:
that:
a. Relevant
a. Relevant --The
The statement
statement is
is Other Exceptions Outside
Outside the Rules
Rules of
offered as
offered as evidence
evidence of of aa material
material Court
Court
fact;
fact; 1. Af
1. Affidavit in the
davit in theRules
Rules ofofSummary
Summary
b. Necessity
b. Necessity - -ItIt is
is more
more probative
probative Procedure -- shall
Procedure shall not be
be considered
considered as
on
on the
the point
point for for which
which itit isis competent evidence
competent evidenceforfor the party
the party
offered than any other evidence evidence presenting the
presenting affidavit,
the af but the
davit, but the adverse
adverse
which the
which the proponent
proponent can can procure
procure party may
party may utilize
utilize the
the same
same for
for any
any
reasonable efforts;
through reasonable efforts; and
and admissible purpose
admissible purpose [Sec.
[Sec. 14, Rules on
14, Rules
c.
c. General Interests -- The
General Interests The Summary Procedure].
Summary Procedure].
general purposes
general purposes of of these Rules
these Rules 2. Under
2. Underthe
theRule
Ruleon
onExamination
Examination of
of aa Child
and
and the interests of justice
the interests justice will Witness, hearsay
Witness, hearsay exception
exception inin child
child
be best
be best served
served by by itsits admission.
admission. abuse cases
abuse See Sec.
cases [[See Sec.28,
28,A.M.
A.M.No.
No.00-4-
00-4-
4. Notice
4. Notice - Proponentmakes
- Proponent makes known known to the 07-SC)].
07-SC)].
adverse party,
adverse sufficiently
party, suf ciently in advance of
in advance of
hearing or
the hearing or by thethe pre-trial
pre-trial stagestage in 13. Opinion
Opinion Rule
Rule
case of a trial of the main case, to provide
case of a trial of the main case, to provide
the adverse
the adverse party
party with
with aa fair
fair opportunity
opportunity
to prepare
to prepare toto meet
meet it, it, the
the proponent's
proponent’s Sec. 51. General Rule. —
Sec. The opinion
- The opinion of
of
intention to offer the
intention the statement
statement and and its
its aa witness
witness is
is not
notadmissible,
admissible, except
except asas
particulars, including
particulars, including the name and
the name and indicated in
indicated in the
the following
following sections.
sections.
address of the declarant
address declarant [Sec. [Sec. 50, RuleRule
130, ROC].
130, ROC]. General Rule
General Rule
The opinion
The opinion of
of witness
witness is
is not
not admissible
admissible [Sec.
[Sec.51,
51,
Factors Affecting
Factors Affecting Guaranty of
of Rule 130, ROC].
Rule 130, ROC].
Trustworthiness
Trustworthiness
1.
1. Motivation to speak
Motivation to speak truthfully
truthfully or
or Exceptions
Exceptions
otherwise
otherwise 1. Expert
1. Expertwitness
witness[Sec.
[Sec.52,
52,Rule
Rule 130,
130, ROC]
ROC]
2. Spontaneity
2. Spontaneity 2. Ordinary
2. Ordinary witness
witness [Sec.
[Sec. 53,
53, Rule
Rule 130,
130,
3. Presence
3. Presence of
ofOath
Oath or
or Af
Affirmation
rmation ROC]
4. Whether
4. Whetherdeclarant
declarant was
was subject
subject to
to cross
cross
when the statement was made
when Opinion is an inference or
Opinion or conclusion
conclusion drawn
drawn
5. Relationship
5. Relationship between
between declarant
declarant and
and from facts
from facts observed [Black’s Law
observed [Black's Law Dictionary).
Dictionary].
person to
person to whom
whom the
the statement
statement was
was made
made
6. Whether
6. Whetherthethedeclarant
declarant has
has recanted
recanted or
or Whatever is
Whatever is susceptible
susceptible of exact knowledge
of exact knowledge is is a
a
affirmed
af rmed the statement
statement matter of
matter of fact,
fact, while
while that
that not
not susceptible
susceptible of
of exact
exact
7. Whether
7. Whether the
thestatement
statement was
was recorded
recorded knowledge is
knowledge is generally
generally regarded
regarded asas an
an expression
expression
and in
and in particular,
particular, videotaped
videotaped of opinion. Fact, as employed in the legal sense
8. Whether the
8. Whether the declarant's
declarant’s firsthand
rsthand of opinion. Fact, as employed in the legal sense
includes those
includes those conclusions
conclusions reached
reachedby by the
the trier
knowledge
knowledge is is clearly
clearly demonstrated
demonstrated from shifting
from shifting testimony,
testimony, weighing
weighing evidence,
evidence, andand
passing on
passing on the
the credit
credit of
of the
the witnesses,
witnesses, and
and itit does
does
NOTE: One
NOTE: One factor
factor that
that should
should not
not be
be considered
considered not denote
not denote those
those inferences
inferences drawn
drawn byby the
the trial
in evaluating
in evaluating trustworthiness
trustworthiness is is the
the credibility
credibility of
of court from
court from the
the facts
facts ascertained
ascertained and
and settled
settled by by itit
the person
the person testifying
testifying to having heard
to having heard it it [Kalalo v.
[Kalalo v. Luz,
Luz, G.R.
G.R. No.
No. L-27782
L-27782 (1970)].
(1970)].
[McCormick, 532].
[McCormick, 532].

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a. Opinion
a. Opinion of
of Expert
Expert Witness
Witness [Casumpang v.
[Casumpang v. Cortejo,
Cortejo, G.R.
G.R. No.
No. 171127
171127(2015),
(2015),
citing
citing McLean
McLeanv.v. Hunter,
Hunter, 495
495 So. 2d 1298
So. 2d 1298
(1986)].
(1986)].
Sec. 52.
Sec. 52. Opinion
Opinion of
of Expert
Expert Witness. —
-
The
The opinion
opinion of a witness
of a witness on matter
on a matter Weight to be Given
GivenOpinion
OpinionofofExpert
Expert
requiring special
requiring special knowledge,
knowledge, skill,
skill,
experience, training Witness
Witness
experience, training or
or education,
education, which
which he
he
she is
or she is shown
shown to to possess,
possess, may
may bebe a. Whether
a. Whether the
the opinion
opinion is
is based
based upon
upon
received in
received in evidence.
evidence. sufficient
suf facts or
cient facts ordata;
data;
b. Whether
b. Whether itit isis the
the product
product of
of reliable
reliable
principles and
principles andmethods;
methods;
The opinion
The opinion of witness on
of a witness requiring
on a matter requiring c. Whether
c. Whether the
the witness
witness has
has applied
applied the
the
special knowledge,
special knowledge, skill,
skill, experience,
experience,training,
training, or
or
principles and
principles and methods
methods reliably
reliablyto
to the
the
education, which
education, which he/she
he/she shown
shown toto possess,
possess, may
may
facts of
facts of the
the case;
case;and
and
be received
be received in
in evidence
evidence [Sec.
[Sec. 52,
52, Rule
Rule 130,
130, ROC].
ROC].
d. Such
d. Such other
other factors
factors as
as the
the court
court may
may
deem
deem helpful
helpful to
to make
make such
such determination
determination
Expert
Expert witness
witness is
is one
one who
who has
has made
made the subject
the subject
[Sec. 5,
[Sec. 5, Rule
Rule 133,
133, ROC].
ROC].
upon
upon which
which hehe gives
gives his
his opinion
opinion aa matter
matter of
particular study, practice
particular practice or observation
observation and
and he
he
Examination of Expert Witness
must have particular
must have particular and
and special
special knowledge
knowledge on
on
He may
He may base
base his
his opinion
opinion on the basis
on the basis of
of
the subject
the [People v.
subject [People v. Dekingco,
Dekingco, G.R.
G.R. No.
No. 87685
87685
hypothetical questions
hypothetical questionswhere
wherethe facts are
the facts are
(1990)].
(1990)].
presented to
presented him hypothetically,
to him hypothetically, and
and on the
on the
assumption that
assumption they are true,
that they true, formulates
formulates his
Expert Testimonies are Permissive,
Permissive, opinion on
opinion on this hypothesis [Herrera].
this hypothesis [Herrera].
Not Mandatory
If there
there is
is aa direct
direct evidence
evidence to prove the fact in The lack
The lack of
of personal
personal examination
examination and
and interview
interview of
of
issue, an
issue, an opinion
opinion may
may be
be rendered
rendered unnecessary
unnecessary the respondent,
the respondent, or
or any
any other
other person
person diagnosed
diagnosed
[Tortona v.v.Gregorio,
[Tortona Gregorio, G.R.
G.R. No.
No. 202612
202612 (2018)].
(2018)]. with personality
with personality disorder,
disorder, does
doesnot
not per se
per se
invalidate the
invalidate the testimonies
testimonies of the doctors.
of the doctors. Neither
Neither
Courts
Courts are bound by
are not bound by expert
experttestimonies.
testimonies. do their
do their findings automatically constitute
ndings automatically constitute hearsay
hearsay
Courts
Courts may place whatever
may place whatever weight upon upon such
such that would
that would result
result in
intheir
theirexclusion
exclusion as
as evidence.
evidence.
testimonies in accordance
testimonies accordance with with the
the facts
facts of the Within their
Within their acknowledged
acknowledged field eld of expertise,
expertise,
case. The
case. The relative
relative weight
weight andand suf
sufficiency
ciency of of doctors can
doctors can diagnose
diagnose the
the psychological
psychological make-up
make-up
expert testimony
expert testimony is is peculiarly
peculiarly within
within the province
the province of aa person
of person based
based on a number
number of factors
factors culled
culled
of the
of the trial
trial court
court to
to decide,
decide, considering
considering thethe ability
ability from various
from various sources [Camacho-Reyes v.
sources [Camacho-Reyes Reyes,
v. Reyes,
and character of the witness, his actions upon the G.R. No.
G.R. No. 185286
185286(2010)].
(2010)].
and character of the witness, his actions upon the
witness stand,
witness stand, the weight and process
the weight process of the
of the
reasoning
reasoning by by which
which he he has
has supported
supported hishis opinion,
opinion,
b. Opinion
b. Opinionof
ofOrdinary
Ordinary Witness
his possible
his possible bias
bias inin favor
favor of
of the
the side
side for
for whom
whom hehe
testifies,
testi es, and
and anyany other matters which which serve
serve to
illuminate his
illuminate statements [Ilao-Quianay
his statements [Ilao-Quianay v. v. Mapile,
Mapile, Sec.
Sec. 53.
53. Opinion
Opinion ofofOrdinary
Ordinary
G.R.
G.R. No.
No. 154087
154087 (2005)].
(2005)). Witnesses. -—TheTheopinion
opinion ofofaawitness,
witness,
forwhich
for which proper
proper basis
basis is
is given,
given, may
may be
ItIt isis the
thespecialist's
specialist's knowledge
knowledge of the requisite
requisite received in
received in evidence
evidenceregarding
regarding—-
subject matter, specialty that
matter, rather than his/her specialty that (a) The
(a) The identity
identity of aa person
person about
about
determines his/her
determines qualification
his/her quali cation to testify
to testify whom he
whom he or
or she
she has
has adequate
adequate

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EVIDENCE REMEDIAL LAW

The ordinary
The ordinary witness
witness must
must be
be acquainted
acquainted
knowledge;
knowledge;
(b) A
(b) A handwriting
handwriting with
with which
which hehe or
or she
she
with
with the the characteristics
characteristics ofof thethe
handwriting of
handwriting of aa person.
person. Only
Only experts
experts areare
has
has sufficient
suf cient familiarity; and
familiarity; and
allowed to give
allowed give conclusions
conclusions from
from thethe
(c) The
(c) The mental
mental sanity
sanity of
of aa person
personwith
with
whom
whom he he oror she
she isissuf
sufficiently
ciently comparison of
comparison of samples
samplesof ofhandwriting
handwritingof of
acquainted.
acquainted. aa person
person whose
whose handwriting
handwritinghe he isis not
not
familiar with [Herrera].
familiar with [Herrera].
The
The witness
witness may
may also
also testify
testify on
on his
his or
or her
her
impressions ofof the
impressions the emotion,
emotion, behavior,
behavior, How Genuineness
Genuinenessof
of Handwriting
Handwriting is
condition or
condition or appearance
appearance ofof aa person.
person. Proved:
Proved:
1. ByByany
anywitness
witnesswhowho believes
believes itit to
be the
be the handwriting
handwriting of such such
The Opinion of an Ordinary Witness is
is
person because
person because he he has
has seen
seen thethe
Admissible:
Admissible: person write, or has seen writing
person write, or has seen writing
1. If Ifproper
properbasis
basis is
is given,
given, and
and
purporting to be his upon
purporting upon which
which
Regarding:
2. Regarding: the witness
the witness hashas acted
acted or been
or been
a. Identity
a. Identityofofa aperson
personabout
about whom
charged, and has
charged, has thus acquired
acquired
he/she
he/she has
has adequate
adequate knowledge of
knowledge of the
the handwriting
handwritingof of
knowledge;
knowledge; such person.
such person.
b. Handwriting
b. Handwriting with
with which
which he/she
he/she
has sufficient
has suf cientfamiliarity;
familiarity; 2. Evidence respecting the
2. Evidence respecting the
handwriting may
handwriting may alsoalso be given
be given
c. Mental
c. Mental sanity
sanity of
of aa person
person with
with by aa comparison,
by comparison, made made by by the
the
whom he/she
whom he/she is
is suf
sufficiently
ciently witness
witness or or thethe court,
court, withwith
acquainted; and
acquainted; and writings admitted
writings admitted or treated as
or treated as
d. Impressions
d. Impressions of the emotion,
of the emotion,
genuine by
genuine the party
by the party against
against
behavior,
behavior, condition,
condition, or
or
whom the
whom the evidence
evidence is is offered,
offered, oror
appearance of
appearance of aa person
person [Sec.
[Sec. 53,
53, proved to
proved be genuine
to be genuine to the
to the
Rule 130,
Rule 130, ROC].
ROC].
satisfaction ofof the
satisfaction the judge
judge [Sec.
[Sec.
22, Rule
22, Rule 132,
132, ROC].
ROC].
a. Identity
a. Identityofofa aPerson
Person About
About Whom
Whom
He
He Has
Has Adequate
Adequate Knowledge
Knowledge
c. Mental
c. Mental Sanity
Sanity of of aa Person
Person With With
Statements of
Statements of a
a witness
witness as
as to
to identity
identity are
are
Whom He is Sufficiently
Whom Acquainted
Suf ciently Acquainted
not to
not tobe
berejected
rejected because
because he is unable
unable
In order
In order totobebecompetent,
competent, the the witness
witness
to describe
to describe features
features of person in
of the person must have
must have had
had sufsufficient opportunity to
cient opportunity
question [Herrera].
question [Herrera]. observe the
observe the speech,
speech, manner,
manner, habits,
habits, and
and
conduct of
conduct the person
of the person in in question.
question.
An identi
An identification
cation by
by the sound of
the sound the
of the Commonly, itit is
Commonly, is required
required that the witness
that the witness
voice of
voice of the
the accused
accused is suf
sufficient,
cient, where details the
details the factors
factors and and reasons
reasons uponupon
ititappears
appears that
that the
the witness
witness was
was intimately
intimately
which he
which he bases
bases hishis opinion
opinion before
before hehe can
can
acquainted with
acquainted with the accused for
the accused for a testify as
testify as to
to what
what itit is [People v.
is [People Castillo,
v. Castillo,
number of
number of years [US v.
years [US v. Manabat,
Manabat, G.R.
G.R. G.R. No.
G.R. No. 186533
186533(2010)].
(2010)].
No. L-3093
No. L-3093 (1906)].
(1906)].
AA non-expert
non-expert witness
witness may
may give
give his
his
b.
b. Handwriting
Handwriting With
With Which
Which He
He Has
Has
opinion as
opinion as to the
the sanity
sanity or insanity
insanity of
of
Sufficient
Suf cient Familiarity another,when
another, whenbased
based upon
upon conversations
conversations

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EVIDENCE
EVIDENCE REMEDIAL LAW

or dealings
or dealings which
which he has had
he has had with such
with such
the moral
the moral trait
trait involved
involved in the
in the
person, or
person, or upon
upon his
his appearance,
appearance, oror upon
upon
offense charged.
offense charged. However,
However, the
the
any fact
any fact bearing
bearing uponupon his
his mental
mental
prosecution may
prosecution may not
not prove
prove his
his or
condition,
condition, with with thethe witness'
witness’ ownown
her bad
her bad moral
moral character
character unless
unless on
on
knowledge and
knowledge observation, he
and observation, having
he having rebuttal.
rebuttal.
first testified
rst testi ed totosuchsuchconversations,
conversations,
dealings, appearance
dealings, appearance or or other observed
other observed (b) In
(b) InCivil
CivilCases:
Cases:Evidence
Evidence of of the
the moral
moral
facts, as
facts, as the
the basis
basis for
for his opinion [People
his opinion [People character of aa party
character party in
in aa civil
civil case
case isis
v. Castillo, G.R.
v. Castillo, G.R. No.
No. 186533
186533(2010)].
(2010)]. admissible only
admissible only when
when pertinent
pertinent to to the
the
issue of
issue of character
character involved
involved in the
in the
d.
d. Impressions
Impressions of the
of the Emotion,
Emotion, case.
case.
Behavior,
Behavior, Condition Appearance
Condition or Appearance
of a Person
Person (c) In Criminal
(c) In Criminal and
and Civil
Civil Cases:
Cases:
The rule
The rule recognizes
recognizes instances
instances whenwhen aa Evidence of
Evidence of the good
good character
character ofof aa
witness
witness maymay be be permitted
permitted to state his
to state his witness
witness is admissible until such
is not admissible such
inferences
inferencesthat that are
are drawn
drawn from minuteminute character has been
character has been impeached.
impeached.
facts and
facts and details
details which
which the the witness
witness
cannot fully
cannot fully and
and properly
properly describe
describe in In all
In all cases
cases inin which
which evidence
evidence of character
of character
court. Such expressions
court. Such expressions are are expressed
expressed to to or
or aa trait
trait of
ofcharacter
character of aa person
person is is
the countenance, the
the countenance, the eye and the
eye and the admissible, proof
admissible, proofmay may be made by
be made by
general
general manner
manner and and bearing
bearing of the
of the testimony
testimony as as to
to reputation
reputation or by testimony
or by testimony
in the form
in the form of of ananopinion.
opinion. On
On cross-
cross-
individual; appearance which
individual; appearance which are plainly
are plainly
examination, inquiry
examination, inquiry isis allowable
allowable into
into
enough
enough recognized
recognized by by aa person
person of good
of good
relevant specificc instances
relevant speci instances of conduct.
of conduct.
judgment, but
judgment, but which
which hehe cannot
cannot otherwise
otherwise
communicate
communicate by an expression
by an expression of results
of results
In cases
In cases in which
which character
character or
or aa trait
trait of
in the
in the shape
shape of of an opinion[Herrera,
an opinion [Herrera, citing
citing character
characterofof a person
person isis an
anessential
essential
US
UScase
caseHardy
Hardyv. v. Merill].
Merill]. element of aa charge,
element charge, claim
claim oror defense,
defense,
proof may
proof may also
also be
be made
made of of speci
specific
c
14.
14. Character Evidence instances
instances of
of that person's conduct.
that person's conduct.
Sec. 53.
Sec. 53. Character
Character Evidence
Evidence Not
Not
Generally Admissible;
Generally Admissible; Exceptions.
Exceptions.—- Character Distinguished
Distinguished From
Evidence of
Evidence of aa person's
person's character
characteroror aa trait
trait Reputation
Reputation
character is
of character not admissible
is not admissible for the
for the 'Character'isis what
'Character' what aa man
man is,
is,and
and'reputation'
'reputation'
purpose of
purpose proving action
of proving action in
in conformity
conformity is what
is what hehe isis supposed
supposed to to be
be in
in what
what people
people say
say
therewith on
therewith on a a he is.
he is. 'Character'
'Character'depends depends on onattributes
attributes
particular occasion,
particular occasion, except:
except: possessed, and
possessed, and'reputation'
'reputation' onon attributes
attributes which
others believe
others believe one one to to possess.
possess. The The former
former
(a)
(a) In CriminalCases:
In Criminal Cases:
signifies
signi es reality
reality andand the merely what
the latter merely what is
is
(1) The character
(1) The character of
of the
the offended
offended party
party
accepted to
accepted to bebe reality
reality at present[Lim
at present [Limv.v. Court
Courtof
of
may
may be proved ifif it tends
be proved tends toto
establish in
establish in any
any reasonable
reasonable degree
degree Appeals, G.R.
Appeals, G.R.No. No.91114
91114(1992)].
(1992).
the probability
the probability or
or improbability
improbability of
of
the offense
the offense charged.
charged. General Rule
General
(2) The accused
(2) The accused may
may prove
prove his
his or her
or her Evidence
Evidenceofof aa person’s
person's character
characteroror aa trait
trait of
good
good moral
moral character,
character, pertinent to
pertinent to character is
character not admissible
is not admissible for purpose of
for the purpose

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REMEDIAL LAW

proving action
proving action in conformity therewith
in conformity therewith on
on a guilty but
guilty but because
because he
he isis a person
person of bad
bad
particular occasion
particular occasion [Sec.
[Sec. 54,
54, Rule
Rule 130,
130, ROC].
ROC]. character.
character.

Summary of Exceptions [Sec.


[Sec. 54,
54, Rule
Rule character evidence
The offering of character evidence onon his
his behalf
behalf
130]
130] is aa privilege
is privilege ofof the
thedefendant,
defendant, and and thethe
(a)Criminal
(a) Criminal Cases
Cases prosecution cannot
prosecution cannot comment
comment on on the
the failure
failure of
of the
the
(1) Offended
(1) Offendedparty
party- -His
Hischaracter
character defendant to
defendant to produce
produce such
such evidence.
evidence. Once
Once thethe
may be
may be proved
proved ifif itit tends
tends to
to defendant raises
defendant raises the issue of
the issue of his
his good
good character,
character,
establish
establish probability
probability or
or the prosecution
the prosecution may, in rebuttal,
rebuttal, offer
offer evidence
evidence
improbability of
improbability of charge
charge of the defendant’s bad character. Otherwise, aa
of the defendant's bad character. Otherwise,
(2) Accused
(2) Accused- -MayMay prove
prove hishis or
or her
her defendant, secure
defendant, secure from refutation, would have have a
moral trait
moral trait pertinent
pertinent to the
to the license to unscrupulously
license unscrupulously impose
impose aa false false
charge
charge [People v.
character upon the tribunal [People
character v. Lee,
Lee, G.R.
G.R.
(3) Prosecution - On rebuttal, may No. 139070 (2002)].
No. 139070 (2002)].
(3) Prosecution - On rebuttal, may
prove the
prove the accused's
accused’s bad moral
bad moral
character
character Character Evidence
EvidenceLimited
Limited to
to Traits
Involved in
Involved in the
the Type
Type of Offense
Offense
(b) Civil
(b) Civil Cases
Cases -- only
only when
when the
the moral
moral 1. On
1. On aacharge
charge of
of rape:
rape: character
character for
for
character of
character of aa party
party is pertinent to
is pertinent the
to the chastity
chastity
issue of character
issue character involved. 2. On
2. Onaacharge
charge ofofassault:
assault: character
character for
peace-ableness
peace-ableness or violence
or violence
(c) Both
(c) Both--Good
Good character
character of aa witness
witness may 3. OnOna acharge
3. chargeofofembezzlement:
embezzlement: character
character
only be
only be proven
proven after
after such
such witness'
witness’ for honesty
for [CSC v.
honesty [CSC v. Belagan,
Belagan, G.R.
G.R. No.
No.
character has been
character has been impeached.
impeached. 132164 (2004)].
132164 (2004)].

Proving the
the Character
Character of of aa Person
Person Rape Shield Rule
Rule
[Sec. 54, Rule 130]
130] In
In prosecution
prosecution for
for rape,
rape, evidence
evidence of
of
1.. Testimony
1. Testimonyonon reputation
reputation complainant’s past
complainant's sexual conduct,
past sexual conduct, opinion
opinion
2.
2. Testimony
Testimonyininthe
theform
formofofan
anopinion
opinion thereof or of
thereof of his/her
his/her reputation
reputation shall
shall not be
not be
3.
3. On
On cross-examination
cross-examination - - inquiry
inquiry on
on admitted unless,
admitted unless, and
and only
only to
to the
the extent
extent that
that the
relevant specific
relevant speci c conduct
conduct toto testtest court finds
court that such
nds that such evidence
evidence is is material
material and
and
knowledge
knowledge and
and credibility
credibility of the witness
of the witness relevant to
relevant to the
the case
case [Sec.
[Sec. 6, R.A. No.
6, R.A. No. 8505].
8505].

Criminal Cases
Bad Moral Character in Criminal Cases Sexual Abuse
Sexual Abuse Shield Rule
Rule
The prosecution
The prosecution may prove bad moral character
character
of the
of the accused:
accused: General Rule
Rule
1. Only
1. Onlyininrebuttal;
rebuttal; and
and The following
The following evidence
evidence is admissible in
is not admissible in any
2. When
2. Whensuchsuch evidence
evidence is pertinent
pertinent to
to the criminal proceeding
criminal proceeding involving
involving alleged
alleged child
child sexual
sexual
moral trait
moral trait involved
involved in
in the
the offense
offense abuse:
abuse:
charged.
charged. 1. Evidence
1. Evidencetotoprove
provethat
thatthe
thealleged
alleged victim
victim
engaged in other
engaged other sexual
sexualbehavior;
behavior;and
and
Purpose 2. Evidence
2. Evidence offered
offered to prove
prove the
the sexual
sexual
To avoid
To avoid unfair
unfair prejudice
prejudice to
to the
the accused
accused who predisposition of
predisposition the alleged
of the alleged victim
victim [Sec.
[Sec.
otherwise be
might otherwise be convicted
convicted not
not because
because he is 30(a), Rule
30(a), Rule on
on Examination
Examination of Child
of a Child
Witness, A.M.
Witness, A.M. No. 00-4-07-SC].
00-4-07-SC].
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Exception
Exception oathisisde
An oath defined
ned asas an
an outward
outward pledge,
pledge, given
Evidence of
Evidence of specific
speci c instances
instances ofof sexual
sexual behavior
behavior the person
by the person taking
taking it that
that his
his attestation
attestation or
by the
by the alleged
alleged victim
victim to
to prove
prove that
that aa person
personother
other promise is
promise is made
made under an immediate
under an sense of
immediate sense of his
his
than the
than the accused
accused waswas the source
source of semen,
semen, responsibility to
responsibility to God.
God.
injury, or
injury, or other
otherphysical
physical evidence
evidence shall
shall be
be
admissible [Sec.
admissible 30(b),supra
[Sec.30(b), ].
supral. Purpose
Purpose
To affect
To affect the
the conscience
conscience of the witness
of the witness and
and thus
thus
compel him
compel him to speak the
to speak the truth, and also
truth, and also to
to lay
III.PRESENTATION
III. PRESENTATION OF
OF open to punishment
him open punishment for perjury in case case he
EVIDENCE
EVIDENCE willfully falsi
Willfully falsifies.
es. A witness must
A witness must be sensible
sensible to
the obligation
the obligation of an oath
of an oath before
before he
he can
can bebe
permitted to testify
permitted [People v.
testify [People v. Bisda,
Bisda, G.R.
G.R. No.
No.
EXAMINATIONOF
A. EXAMINATION OF WITNESSES
WITNESSES
140895 (2003)].
140895 (2003)].
[Secs. 1-18, Rule
[Secs. Rule 132]
132]
General Rule
Rule
a. Examination
Examination and
and Recording of
Examination shall
Examination shall be
be done:
done:
Proceedings 1. InInopen
1. open court
court
2. Under
2. Underoath
oathororafaffirmation [Sec. 1, Rule
rmation [Sec. Rule
Sec. 1.
Sec. Examination to
1. Examination be Done
to be Done in 132, ROC]
132, ROC]
Open Court.
Open Court. -—The
Theexamination
examination of
of
witnesses presented
witnesses presentedinin aa trial or
or hearing
hearing Exceptions
Exceptions
shall
shall be done in open
be done open court,
court, and
and under
under Question calls
Question calls for
for aa different
different mode
mode or or the
the witness
witness
oath or
oath or af
affirmation. Unless the witness
rmation. Unless witness is is incapable
is incapable to
to speak
speak
incapacitated to
incapacitated to speak,
speak, or the question
or the question 1. Depositions
1. Depositions taken taken before
before a a notary
notary
calls
calls for mode of answer,
for a different mode answer, the public or
public or before
before any
any person
person authorized
authorized to to
answers
answers of witness shall
of the witness shall se
be given
be given
given administer oaths
administer [See Rule
oaths [See Rule 23,
23, Revised
Revised
orally.
orally. Rules of
Rules of Civil
Civil Procedure].
Procedure].
2. Rule
2. Ruleon onExpedited
Expedited Procedures
Procedures in in the
the
Sec. 2. Proceedings
Sec. Proceedings to
to be
be Recorded.
Recorded.—- First Level
First LevelCourts
Courts[OCA [OCA Circular
Circular No.No.
The entire
The entire proceedings
proceedings ofofaa trial or
trial or 69-2022]
69-2022]
hearing,
hearing, including
including the
the questions
questions
a. Summary
a. SummaryProcedure
Procedureinincivil
civil cases
cases
propounded to
propounded to aa witness
witness and
and his
his or
or her
-–The
Thejudicial
judicial af
affidavits shall be
davits shall
answers thereto,
answers thereto, and
and the
the statements
statements made
made
attached
attached to the complaint
to the complaint and and
by the
by the judge
judge or
or any
any of
of the
the parties,
parties, counsel,
counsel,
form an
form an integral
integral part
part thereof.
thereof.
or witnesses
or witnesses with reference
reference to thethe case,
case,
Judicial affidavits
Judicial af davits not attached
attached to to
shall be recorded
shall be recorded by means
means of shorthand
shorthand
or stenotype
or stenotype or by other
or by other means
means of of the
the complaint
complaint shall shall not
not be be
recording found
recording foundsuitable
suitablebybythe court.
the court. considered [Sec.
considered 3(A), Rule
[Sec. 3(A), Rule
III(A)].
III(A)].
A
A transcript
transcript ofof the
the record
record of of the
the b. Summary
b. Summary Procedure
Procedure in criminal
criminal
proceedings made
proceedings made by by the the ofofficial
cial cases –- The
cases The judicial
judicial affidavit shall
af davit shall
stenographer, stenotypist
stenographer, stenotypist oror recorder
recorder and
and take the
take the place
place of of the
the direct
direct
certified
certi as correct by him or her, shall
ed as shall be testimony of aa witness
testimony witness [Sec.
[Sec. 2, 2,
deemed prima
deemed prima facie
facie aa correct
correct statement
statement ofof Rule III(B)].
Rule III(B)].
such proceedings.
such proceedings.

176
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EVIDENCE
EVIDENCE REMEDIAL LAW
REMEDIAL LAW

3. Rules
3. Ruleson
onCriminal
CriminalProcedure
Procedure -– Either
Either However, this
However, this rule does not
rule does not authorize
authorize the
the
may utilize as
party may as part its evidence
part of its evidence exclusion of:
exclusion of:
the testimony
the testimony of a witness
of a witness who is
who is 1. A A
1. partywho
party whoisisaa natural
natural person;
person;
deceased, out
deceased, outofof or cannot with
or cannot due
with due 2. A Aduly
2. dulydesignated
designated representative
representative ofof aa
diligence be
diligence found in
be found in the
the Philippines,
Philippines, juridical entity
juridical entity which
whichisisaa party
partytoto the
the
unavailable, or
unavailable, otherwise unable
or otherwise unable to case;
case;
testify, given in
testify, given in another
another case
case or or 3. A A
3. personwhose
person whosepresence
presence is essential
essentialtoto
proceeding, judicial
proceeding, administrative,
judicial or administrative, the presentation
the presentation of the
the party’s
party's cause;
cause;oror
involving the same
involving same parties
parties and subject
and subject 4. AAperson
4. personauthorized
authorized by
by aa statute
statute to
to be
be
matter, adverse party
matter, the adverse having the
party having the present.
present.
to cross-examine
opportunity to cross-examine him
him [Sec.
1(f), Rule
1(f), Rule 115,
115, ROC].
ROC]. The court
The court may
may also
also cause
cause witnesses
witnessestoto be
be kept
kept
separate and
separate and to be
be prevented
prevented from
from conversing
conversing
Purpose ofof Making
Making Testimonies
Testimonies in
in with
with one
one another,
another, directly
directly or
or through
through
Open Court
Open Court intermediaries, until
intermediaries, until all
all shall
shall have
have been
been examined
examined
For testimonies toto be
For testimonies be recorded
recorded and
and duly
duly [Sec. 15,
[Sec. 15, Rule
Rule 132,
132, ROC).
ROC].
considered.
considered.
c. Rights
c. Rightsand
and Obligations
Obligations of aa
What Shall
What Shall be Recorded Witness [Sec. 3, Rule 132,
Witness 132, ROC]
ROC]
1. The entire
1. The entire proceedings
proceedings ofof aa trial
trial or
or AA witness
witness must
must answer
answer questions,
questions, although
although his his or
or
hearing;
hearing; her answer
her answer maymay tendtend toto establish
establish a a claim
claim against
against
2. The
2. Thequestions
questions propounded
propounded to
to aa witness
witness him or
him or her.
her. However,
However, a witness has has the
the right:
right:
and his answers
and answers thereto;
thereto; 1. To
1. To be beprotected
protected from fromirrelevant,
irrelevant,
3. The
3. Thestatements
statements made
made by the judge
by the judge or improper, or
improper, or insulting
insulting questions,
questions, and and
any of
any of the
the parties,
parties, counsel,
counsel, or
or witnesses
witnesses from harsh
from harsh or or insulting
insulting demeanor;
with reference
with reference toto the
thecase.
case. 2. Not to
2. Not tobe bedetained
detained longer
longer thanthan thethe
interests of justice require;
interests require;
By means
By means of shorthand or
of shorthand or stenotype
stenotype or
or by
by other
other 3.
3. ToToonly
onlybe beexamined
examined as as totomatters
matters
means
means of of recording
recording found
found suitable
suitable by
by the court pertinent to the
pertinent the issue;
issue;
[Sec. 2,
[Sec. 2, Rule
Rule 132,
132, ROC].
ROC]. 4. Not
4. Nottotogive
givean ananswer
answerwhich
which will
will tend
tend to
subject him/her
subject him/her to penalty for an
to a penalty an
Transcript Deemed
Transcript Prima Facie
Deemed Prima Facie Correct offense, unless
offense, unless otherwise
otherwise provided
provided by
transcript of the
A transcript the record
record of
ofthe
theproceedings
proceedings law;
law;
made by
made by the
the of
official stenographer, stenotypist
cial stenographer, stenotypist or
or 5. Not
5. Nottotogive
givean ananswer
answer which
which will tend to
recorder and certi
recorder certified correct by him shall
ed as correct shall be
be degrade his/her
degrade his/her reputation,
reputation, unless:
unless:
prima facie
deemed prima
deemed facie a correct statement of such a. the
a. theanswer
answer is is the
the very
very fact
fact in
in
proceedings [Sec.
proceedings [Sec. 2,
2, Rule
Rule 132,
132, ROC].
ROC]. issue;
issue; or or
b. the
b. theanswer
answerisis aa fact
fact from
from which
which
Exclusion and
b. Exclusion and Separation of the
the fact
fact inin issue
issue would
would be be
presumed.
presumed.
Witnesses
The court
The motu proprio,
court motu proprio, or
or upon
upon motion,
motion, shall
shall
Exception to the Exception:
Exception:
order witnesses
order witnesses excluded
excluded soso that cannot
that they cannot
AA witness
witness must
must answer
answer to
to the
the fact
fact of
hear the
hear the testimony
testimony of
of other
other witnesses.
witnesses.
his/her previous
his/her previous final conviction for an
nal conviction an
offense.
offense.

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examination,
examination, questions
questionsonon matters
matters not
One-day Examination
Examination of Witness Rule dealt with during
dealt with during the
thecross-examination
cross-examination
A witness
A witness has
has to
to be
be fully
fully examined
examined in in one
one (1)
(1) day
day may be
may be allowed
allowed byby the court in
the court its
in its
only. It shall
only. It shall be
be strictly
strictly adhered
adhered to subject to
to subject to the
the discretion.
discretion.
courts'
courts' discretion
discretion during
during trial
trial on
on whether
whether oror not
to
to extend
extend the
the direct
direct and/or cross- examination
and/or cross- examination forfor Sec. 8. Examination.—
8. Re-cross Examination. — Upon
Upon
justifiable reasons [A.M. No. 03-1-09-SC, Rule on
justi able reasons [A.M. No. 03-1-09-SC, Rule on the conclusion of
the conclusion of the
the redirect examination,
redirect examination,
Guidelines
Guidelinestoto be Observed by
be Observed by the Trial Court
the Trial Court the adverse
the adverse party
party may
mayre-cross-examine
re-cross-examine
Judges
Judges andand Clerks
Clerks of
of Court
Court inin the
the Conduct
Conduct ofof Pre-
Pre- the witness
the witness on matters stated in
in his
his or
or her
her
Trial and
Trial and Use
Use of
of Deposition
Deposition Discovery
Discovery Measures].
Measures]. re-direct examination,
re-direct examination, and also on such
and also such
matters as
other matters may be
as may allowed by
be allowed by the
the
Order in
d. Order in the
the Examination
Examination of an court in its discretion.
discretion.
Individual Witness
Individual Witness
Sec. 9. Recalling
Sec. Recalling Witness.
Witness. — After the
- After the
(a) Direct
(a) Direct examination
examination by
by the
the
examination of aa witness
examination of witness by
by both
both sides
sides has
has
proponent;
proponent;
been concluded,
been concluded, the witness cannot
the witness cannot be
(b)Cross-examination
(b) Cross-examination by
by the
the
recalled without
recalled without leave
leave of court. The
of the court. The
opponent;
opponent; court will grant
court will grant or withhold leave in its
withhold leave in
(c) Re-direct
(c) Re-direct examination
examination by the discretion,
discretion, as
as the interests of
the interests justice may
of justice may
proponent;
proponent; require.
require.
(d)Re-cross
(d) Re-cross examination
examination by
by the
the
opponent [Sec.
opponent [Sec. 4,
4, Rule
Rule 132,
132, ROC].
ROC].
NOTE: The
NOTE: The additional
additional words
words "on
“on any
any relevant
relevant
matter," brought about
matter,” brought about by
by the
the 2019
2019
Sec. 5.
Sec. Examination. —
5. Direct Examination. Direct
- Direct Amendments,
Amendments,are are intended
intended to make explicit
to make explicit or
examination is the examination-in-chief
examination examination-in-chief of clarify that cross-examination,
clarify that cross-examination, following
following thethe
a witness by
a witness the party
by the party presenting
presenting him or
him or English
English Rule,
Rule, may
may probe
probe into
into any
any subject
subject relevant
relevant
her on
her on the
the facts
facts relevant to the issue. issues in the case,
to the issues case, even
even if not covered
covered by
the direct
the direct examination.
examination. But, even before
But, even before the
the
Sec.
Sec. 6.
6. Cross-examination;
Cross-examination; Its Amendments, in Capitol Subdivision, Inc. v.
Amendments, in Capitol Subdivision, Inc.
Purpose and Extent.
Purpose and Extent. —- Upon
Upon the
the Province
Province of Negros Occidental
of Negros Occidental [G.R.
[G.R. No. L-6204
No. L-6204
termination of
termination ofthe
thedirect
direct examination,
examination, the (1956)] , the Supreme Court already categorically
(1956)], the Supreme Court already categorically
witness may
witness may bebe cross-examined
cross-examined by by the
the held that
held that cross-examination
cross-examination may may go beyond
beyond the
adverse party
adverse party on
on any
any relevant
relevant matter,
matter, with
with scope of
scope the direct
of the direct examination
examination and and that,
that, by
by
sufficient
suf fullness and
cient fullness and freedom
freedomto to test
test his
his
doing so,
doing so, the
the party
party is
is not
not making
making thethe witness
witness his
his
or her accuracy
or her accuracy and
and truthfulness
truthfulness and
and
own.
own.
freedom from
freedom from interest
interest or bias, or
or bias, the
or the
reverse, and
reverse, and to elicit all
to elicit all important
important facts
facts
Inthis
In thisjurisdiction,
jurisdiction,we
weadopt
adoptthe
theEnglish
English Rule,
Rule, or
or
bearing upon the
bearing upon the issue.
issue.
the "Wide-Open
the “Wide-Open Rule"
Rule” asas against
against the
the American
American
Sec.
Sec. 7. Re-direct
Re-direct Examination; Its
Examination; Its Rule, known
Rule, known as as the
the"Scope-of-Direct
“Scope-of-Direct Rule."
Rule.”
Purpose and Extent. -—After
Afterthe
thecross-
cross- Noteworthy, both
Noteworthy, Wigmore and
both Wigmore McCormick
and McCormick
examination of
examination the witness
of the witness has
has been
been support the
support the English
English Rule.
Rule. Unfortunately,
Unfortunately, there
there are
are
concluded,
concluded, he
he or she may
or she may bebe re-examined
re-examined still many
still many judges
judges and
and even
even some
some authors
authors who
who are
are
by the party
by the party calling
calling him
him or
or her
her to
to explain
explain of the
of the mistaken
mistaken belief
belief that
that we
we follow
follow the
the
supplement his or
or supplement or her
her answers
answers given
given American Rule.
American Rule.
cross-examination. On re-direct
during the cross-examination.

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integrity is
integrity is bad,
bad, or
or by
by evidence
evidence that
that he
he or
or
she has
she has made
made at other
other times
times statements
statements
Leading and
e. Leading and Misleading
Misleading Questions,
Questions, inconsistent
inconsistentwith
withhis
his or her present
or her present
Allowed
Not Allowed testimony, but
testimony, but not by evidence
not by evidence of
of
particular wrongful
particular wrongful acts,
acts, except
except that
that it may
it may
Leading Question be shown
be shown by thethe examination
examination of the
of the
Suggests to
Suggests to the witness the
the witness answer which
the answer which the
the witness, or
witness, or record
record of
of the
the judgment,
judgment, that
that he
he
examining
examining party desires.
party desires. or she
or she has
has been
been convicted
convicted ofof an
an offense.
offense.

Sec.
Sec. 12.
12. Impeachment
Impeachment by Evidence
Evidence of
of
Misleading Question
Question
Conviction of
Conviction of Crime.
Crime. -—For
Forthe
thepurpose
purpose
Assumes as
Assumes astrue
trueaafact
factnot
notyet
yet testified
testi ed to
to by
by the
the
of impeaching
of impeaching a
a witness,
witness, evidence
evidence that he
that he
witness, or
witness, or contrary
contrary to
to that
that which hehe or she has
or she has or she
or she has
has been
been convicted
convicted by
by final
nal
previously stated.
previously stated. judgment of
judgment of aa crime
crime shall
shall be
be admitted
admitted ifif (a)
(a)
the crime
the crime was
was punishable
punishable by by aa penalty
penalty in in
Exceptions excess of
excess of one
one year;
year; oror (b) thethe crime
crime
1. On
1. Oncross
cross examination;
examination; involved moral
involved moral turpitude,
turpitude, regardless
regardless ofof the
the
2. On
2. Onpreliminary
preliminary matters;
matters; penalty.
penalty.
3. When
3. Whenthere
thereisis dif
difficulty in getting
culty in getting direct
direct
intelligible answers
and intelligible answers from witness
from a witness However, evidence
However, evidence of
of aa conviction
conviction isis not
not
who is ignorant,
who ignorant, or child of
or a child of tender
tender admissible if the conviction
admissible conviction has
has been
been the
years, or
years, is of feeble
or is feeble mind,
mind, or deaf-
or a deaf- subject
subject of an amnesty
of an amnesty or
or annulment
annulment of
of the
the
mute; conviction.
conviction.
mute;
4. OfOfan
4. anunwilling
unwillingororhostile
hostile witness;
witness; or
5. OfOfa awitness
5. witnesswho whoisisan
an adverse
adverse party
party or Sec.
Sec. 13.
13. Party
Party May
May Not Impeach His
an of
an officer, director, or
cer, director, or managing
managing agent
agent of
of or Her
or Her OwnOwnWitness.
Witness. -—Except
Except with
with
public or private
a public private corporation
corporation or
or of
of a respect to
respect witnesses referred
to witnesses referred toto in
in
partnership or
partnership association which
or association which is an
is an paragraphs (d)
paragraphs and (e)
(d) and (e) of
of Section
Section 10
10 of
of this
this
Rule, the
Rule, presenting the witness
the party presenting witness is
adverse party
adverse [Sec. 10,
party [Sec. 10, Rule
Rule 132, ROC].
132, ROC].
not allowed to
not allowed impeach his
to impeach or her
his or her
credibility.
credibility.
Illustration:
AA question
question propounded
propounded that
that the minor victim,
the minor victim, A witness
A witness may
may bebe considered
considered asas unwilling
unwilling
AAA, was
AAA, was merely
merely seven
seven years
years old
old and
and was
was not
not yet
yet or hostile only if soso declared
declared by the court
going
going to school
school when she testi
testified is allowed
ed is allowed as
as upon adequate
upon adequate showing
showingofof his his or her
or her
leading question
leading [People v. Perez,
question [People Perez, G.R.
G.R. No.
No. adverse interest, unjusti
adverse unjustified reluctance to
ed reluctance
182924 (2008)].
182924 (2008)]. testify, or
testify, or his
his or
or her
herhaving
having misled
misled the
the
party into calling
party into calling him
him or
or her
her to
to the
the witness
witness
f.f. Impeachment
Impeachmentof
ofWitnesses
Witnesses stand.
stand.

The unwilling
The unwilling or hostile
hostile witness
witness so so
Sec. 11. Impeachment
Sec. Impeachment of
of Adverse
Adverse declared, or
declared, or the
the witness
witness who
who isis an
an adverse
adverse
Witness. -—AAwitness
Party's Witness. witness may
may be
be party, may
party, may be be impeached
impeached by the party
by the party
impeached
impeached by
by the
the party against whom
party against whom hehe presenting him
presenting him or her in
or her in all
all respects
respects as as ifif
or she
or she was
was called,
called, bybycontradictory
contradictory he or she
he or she had
had been
been called
called by
by the
the adverse
adverse
evidence, by
evidence, by evidence
evidencethat that his
his or her
or her party,except
party, except byby evidence
evidence ofof his
his or
or her
her bad
bad
general reputation
general reputation for
for truth, honesty,
honesty, or

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EVIDENCE REMEDIAL LAW
REMEDIAL LAW

character.
character.HeHeoror she
she may
may also
also be
be
However, evidence
However, evidence ofof conviction
conviction is
is not
not admissible
admissible
impeached and
impeached cross-examined by
and cross-examined by the
the
ifif the
the conviction
conviction has
has been
been subject
subject of of an
an amnesty
amnesty
adverse party,
adverse but such
party, but such cross-examination
cross-examination
or annulment
or annulment of thethe conviction
conviction [Sec.
[Sec. 12, Rule
Rule
must
must only
only be
be on
on the subject matter
the subject of his
matter of his
examination-in-chief.
or her examination-in-chief. 132, ROC].
132, ROC].

Sec. 14.
Sec. 14. How Witness
Witness Impeached
Impeached by Impeachment of
Impeachment of Own Witness
Witness
Evidence of
Evidence of Inconsistent
Inconsistent Statements.
— Before a witness can be impeached by General Rule
Rule
— Beforethat
evidence
evidence a witness
that he
he or canhas
she
or she bemade
has impeached
made at
at otherby
other AA party
party may
may not
not impeach
impeach his
his own
own witness.
witness.
statements inconsistent
times statements inconsistent with
with his
his or
her present
her present testimony,
testimony, the the statements
statements Exceptions, with
Exceptions, with Respect
Respectto:
to:
must be
must be related
related to to him
him oror her,
her, with
with the
the 1. An
1. Anunwilling
unwillingor
orhostile
hostile witness;
witness; or
or
circumstances of the times and places and
acumstances of the times and 2. A Awitness
2. witnesswhowhoisisan
anadverse
adverse party
party or
or an
an
the persons present,
the persons present, and
and he he or places
or she must
she and
must
officer,
of director, or
cer, director, or managing
managing agent
agent of
of aa
asked whether
be asked whether he she made
he or she made suchsuch i
public or private
public private corporation
corporation oror of
of a
statements,
statements, and and ifif so,
so, allowed
allowed to to explain
explain
partnership or association
partnership association which
which is
is an
them. If the statements be in writing, they
them.
must
must be If the
be statements
shown
shown to be in writing,
the witness
to the witness before any
before they
any adverse party.
adverse party.
question
question is is put
put to himhim oror her
herconcerning
concerning
them.
them. When Witness Considered
ConsideredUnwilling
Unwilling or
or
Hostile
Only if
Only if so
so declared
declared by
by the
the court
court upon
upon adequate
adequate
Impeachment
Impeachment of of Adverse
Adverse Party’s
Party's showing
showing of his/her:
of his/her:
Witness 1. Adverse
1. Adverse interest;
interest;
1. ByBycontradictory
1. contradictory evidence;
evidence; 2. Unjusti
2. Unjustified reluctance to testify; or
ed reluctance or
2.
2. ByBy evidence
evidence thatthat his/her
his/her general
general 3.Having
Having misled
misled the
the party
party into
intocalling
calling
reputation for truth,
reputation truth, honesty
honesty or integrity him/her to the
him/her to the witness
witness stand.
stand.
is bad;
is bad;
3. By
3. Byevidence
evidence that
that he/she
he/she has
has made
made at
at How Impeached
other times
other times statements
statements inconsistent
inconsistent with
with The unwilling
The unwilling or
or hostile
hostile witness
witness so
so declared,
declared, or
his present
his present testimony.
testimony. the witness
the witness who is is an
an adverse
adverse party, may
may bebe
impeached by
impeached by the
the party
party presenting
presenting him/her
him/her inin all
all
BUT NOT
BUT NOT by
by evidence
evidence of of particular
particular wrongful
wrongful acts,
acts, respects as
respects as if he/she
he/she had
had been
been called
called by
by the
the
EXCEPT that
EXCEPT that itit may
may be
be shown
shown byby the
the examination
examination adverse party,
adverse except by evidence
party, except evidence of his his bad
bad
of the
of the witness,
witness, or or the
the record
record of
of the
the judgment,
judgment, character. He/she
character. He/she may
may also
also be
be impeached
impeached and and
he/she has
that he/she has been
been convicted
convicted of an an offense
offense cross-examined by
cross-examined by the adverse party,
the adverse such
party, but such
[Sec. 11,
[Sec. 11,Rule
Rule 132,
132, ROC].
ROC]. cross- examination
cross- examination must
must only
only be on the subject
subject
matter of
matter of his
his examination-in-chief
examination-in-chief [Sec.
[Sec. 13,
13, Rule
Rule
Impeachment by Evidence of
by Evidence of 132, ROC].
132, ROC].
Conviction
Conviction ofof a
a Crime
Crime byby Final
Final
Judgment Impeachment By
By Evidence
Evidence of
of
1. Must
1. Must be
bepunishable
punishable by
by aa penalty
penalty in
in Inconsistent
Inconsistent Statements
Statements
excess of one year; or
excess AA witness
witness who
who made
made statements
statements inconsistent
inconsistent with
with
2. Must
Must bebe involving
involvingmoral
moralturpitude,
turpitude, his or
his orher
herpresent
presenttestimony
testimonymay
maybe beimpeached,
impeached,
regardless of
regardless of penalty.
penalty. subject to
subject to the
the following
following conditions:
conditions:
180
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1. The
1. The statements
statements must
must be related to
be related 1. Examination
1. Examinationmust mustbe bedone
done inin open
open court.
court.
him/her, the circumstances
him/her, with the circumstances of
of the
the 2. Answers
2. Answers of of the
thewitness
witness shall
shall bebe done
done
times and
times and places
places and
and the
the persons
persons orally, unless
orally, unless the
the witness
witness isis incapacitated
incapacitated
present.
present. to speak,
to speak, or or the
the question
question callscalls for
for a
He/she must
2. He/she must be
beasked
asked whether
whether he/she
he/she different mode
different mode of answer.
made
made such
such statements,
statements, and
and ifif so,
so, allowed
allowed 3. The
3. Theparty
partywho
whopresents
presents aa child
child witness
witness
to explain them.
to explain them. or the
or the guardian
guardian ad litem litem ofof such
such child
child
3. If If
3. thethe statementsbe
statements beinin writing,
writing, they
they must
must witness may,
witness however, move
may, however, move thethe court
court to
to
be shown
be shown to thethe witness
witness before
before any
any allow him
allow him to to testify
testify inin the
the manner
manner
question is
question to him/her
is put to him/her concerning
concerning provided in
provided in this
this Rule
Rule [Sec.
[Sec. 8].
81.
them [Sec. 14,
them [Sec. 14, Rule
Rule 132,
132, ROC].
ROC].
Hearsay Exception in Child Abuse
Hearsay Abuse
Cases
Cases
AA statement
statement made
madebybya achild
child describing
describing any act
any act
CHILDWITNESS
B. CHILD WITNESS RULE
RULE [A.M.
[A.M. No.
No. or attempted
or attempted act
act of
of child
child abuse,
abuse, not otherwise
not otherwise
00-4-07-SC]
00-4-07-SC] admissible under
admissible under the hearsay rule,
the hearsay rule, may
may be
admitted
admitted in evidence in
in evidence any criminal
in any criminal or non-
non-
General Rule criminal proceeding
criminal proceeding subject
subject to conditions
conditions [Sec.
witness is
A child witness is any
any person
person who
who at
at the
the time
time of
of 28].
28].
giving testimony is below the age of
giving testimony is below the age 18 years 18 years
[Sec. 4].
[Sec. 4]. a. Requisites
Requisites for Admissibility
a. Notice
a. Noticetotothetheadverse
adverse party
party of the
the
Exception intention to
intention to offer
offer such
such statement
statement
AA child
child witness
witness may be over 18 years years in case
case of
of and its particulars.
and particulars.
child abuse
child abuse case,
case, where
where aa person
person isis found
found by
by the
the b. If Ifthe
b. thechild
childisisavailable,
available, the
the court
court
court as
court as unable
unable to fully take
take care
care of himself
himself or
or shall, upon motion of the
shall, the adverse
adverse
protect himself
protect himself from
from abuse,
abuse, neglect,
neglect, cruelty,
cruelty, party, require
party, require the
the child
child to be
to be
exploitation, or
exploitation, discrimination because
or discrimination becauseofof aa present at the presentation
present presentation of
of the
physical or
physical or mental
mental disability
disability or
or condition
condition [Sec.
[Sec. 4].
4]. hearsay
hearsay statement
statement for cross-
for cross-
examination by
examination by the adverse party.
the adverse party.
Competency of a Child
Competency Child Witness
Witness c.When
Whenthe thechild
childisisunavailable,
unavailable, the
Every child
Every child is
is presumed
presumed qualified
quali ed toto be
be aa witness.
witness. fact of
fact ofsuch
such circumstance
circumstance must
must be
be
To rebut
To rebut this
this presumption,
presumption, the
the burden
burden ofof proof
proof is
is proved by the
proved the proponent
proponent [Sec.
[Sec.
on the
on the party
partychallenging
challenging the
the child's
child’s competence
competence 28(a)].
28(a)].
[Sec. 6].
[Sec.
b.
b. Factors
Factors Considered
Considered for
for
Jurisprudence has
Jurisprudence has consistently
consistently given
given full
full weight
weight Admissibility
Admissibility
and credence
and credence to a child's
child’s testimony. Youth and and a. Whether
a. Whetherthere
there is
is a motive
motivetotolie;
lie;
immaturity are
immaturity are badges
badges of and sincerity.
of truth and sincerity. b. The
b. The general
general character
character of the
of the
Leeway
Leeway should
should be
be given witnesses who are
given to witnesses are declarant child;
declarant child;
minors, especially
minors, especially when
when they are relating
they are relating past c.
c. Whether
Whether more
more than
than one
one person
person
incidents of
incidents of abuse [People v.
abuse [People v. Entrampas,
Entrampas, G.R.
G.R. No.
No. heard the statement;
heard statement;
212161 (2017)].
212161 (2017)]. d.
d. Whether
Whether the
the statement
statement was
was
spontaneous;
spontaneous;
Examination of
Examination of aa Child Witness
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Thetiming
e. The timing of
ofthe
thestatement
statement and
and
the sovereign
of the sovereign authority, of
official
cial
the relationship
the relationship between
between the
the
bodies and
bodies and tribunals,
tribunals, and
and public
public
declarant child
declarant child and
and witness;
witness;
officers,
of whether of
cers, whether of the
the Philippines,
Philippines,
f.f. Cross-examination
Cross-examination could
could not
not show
show
or of a foreign country;
country;
the lack
the lack of
of knowledge
knowledge of the
of the b. Documentsacknowledged
b. Documents acknowledged beforebefore aa
declarant child;
declarant child; notary public
notary public except
except lastlast wills
wills and
and
g. The
g. Thepossibility
possibilityof
offaulty
faulty recollection
recollection testaments;
of the
of the declarant
declarant child
child is remote;
remote;
and
and c.c. rescaments
Documents that are considered
that are considered
public documents
public documents under under treaties
treaties
h. The
h. Thecircumstances
circumstances surrounding
surrounding the the and conventions
and conventions which
which areare inin force
force
statement are
statement are such
such that
that there
there is
is no
no between the
between Philippines and
the Philippines and thethe
reason to suppose
reason suppose the declarant
declarant country of source;
country source; andand
child
child misrepresented
misrepresented the
the d.
d. Public records,kept
Public records, kept inin the the
involvement of the accused
involvement of the accused [Sec. [Sec. Philippines,
Philippines, of private documents
of private documents
28(b)].
28(b)]. required
requiredby by law
law to to bebe entered
entered
therein.
therein.
NOTE: The
NOTE: The child
child• witness
witness isisconsidered
considered
unavailable ifif s/he
unavailable s/he is:
is: All
All other writings are
other writings are private.
private.
(1) Deceased,
(1) Deceased, suffers
suffers from
from physical
physicalinfirmity,
in rmity,
lack of
lack of memory,
memory, mental
mental illness,
illness, or
or will
will be
be Sec. 20.
Sec. 20. Proof of Private
Proof of Private Documents.
Documents.
exposed to
exposed severe psychological
to severe psychological injury;
injury;
-—Before
Beforeany
anyprivate
privatedocument
document offered
offered as
as
authentic is
authentic is received
received inin evidence,
evidence, its due
its due
or
or
execution and
execution and authenticity must be
authenticity must be proved
proved
(2) Absent
(2) Absent from the hearing
from the hearing and and thethe
by any
by any of
of the
the following
following means:
means:
proponent of
proponent his statement
of his statement has has been
been
a. Byanyone
a. By anyone whowho sawsaw the
the document
document
unable to procure
unable procure hishis attendance
attendance by
executed or written;
executed or written;
process
process or or other reasonable means.
other reasonable means.
b. Byevidence
b. By evidence of of the
the genuineness
genuineness of of
the signature
the signature oror handwriting
handwriting of the
of the
If the child
If the child witness
witness isis unavailable,
unavailable, the
the hearsay
hearsay maker; or
maker; or
testimony
testimony shall
shall be
be admitted only ifif corroborated
admitted only corroborated c. Byother
c. By otherevidence
evidence showing
showing its
its due
due
by other
by other admissible
admissible evidence
evidence[Sec.
[Sec.28(c)(d)].
28(c)(d)]. execution
execution andand authenticity.
authenticity.

Any other
Any other private
private document
document need need only
only be
be
identified
identi as that
ed as that which
which itit is
is claimed
claimed to be.
to be.
C. AUTHENTICATION
AUTHENTICATION AND
AND PROOF;
PROOF; (20)
(20)
C.
PRIVATE DOCUMENTS
PUBLIC AND PRIVATE DOCUMENTS
[Secs. 19-33, Rule Sec. 21.
21.When
When Evidence
Evidence of
of
[Secs. Rule 132]
132] Sec.
Authenticity of
Authenticity of Private
Private Document Not
Not
Necessary. -—Where
Necessary. Whereaaprivate
private document
document
Sec. 19. Classes of Documents.
Documents. —
— For
For is more
is more than
than thirty
thirty (30)
(30) years
years old,
old, is
is
the purpose
the purpose of their
their presentation
presentation in
in produced from
produced from aa custody
custody in
in which
which itit would
would
evidence, documents
evidence, documentsare
are either
either public
public or
or naturally be
naturally found if genuine,
be found genuine, and and isis
private.
private. unblemished by any alterations
unblemished by any alterations or or
circumstances ofof suspicion,
circumstances suspicion, no other
no other
Public documents
Public documents are:
are: evidence of
evidence its authenticity
of its authenticity need
need bebe given.
given.
a. The
a. Thewritten
writtenofofficial acts, or
cial acts, or records
records (21)
(21)

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convention
convention pursuant
pursuant to
to paragraph
paragraph (c)
(c) of
of
Sec. 22.
sec. 22. How
Handwriting
handwriting of
handwriting
How Genuineness
Handwriting Proved. Proved.
of aa person
person maymay be
-
Genuineness of
— The
be proved
The
proved by
by
Section 19
Section 19 hereof,
equivalent
by
hereof, the
equivalent shall
shall be
such treaty or
by such
certificate
the certi
in the
be in
cate or
the form
or its
form prescribed
or convention
prescribed
convention subject
subject to
any witness who
any witness who believes
believesitit to be the
to be the reciprocity granted
reciprocity public documents
granted to public documents
handwriting
handwriting ofof such
such person
person because
because hehe or
or originating from the
originating from the Philippines.
Philippines.
she has
she has seen
seen the
the person
person write, or has
write, or has seen
seen
writing purporting to
writing purporting be his
to be his or
or hers
hers upon
upon For
For documents
documents originating
originating from
from a a foreign
foreign
which the
which the witness
witness has has acted
acted or been
been country
country which
which is
is not
not aa contracting
contracting party
party to
to
charged,
charged, and
and has
has thus
thus acquired
acquired knowledge
knowledge aa treaty or convention
convention referred
referred to to in the
of the
of the handwriting
handwriting of of such
such person.
person. preceding sentence,
next preceding sentence, the certi certificate
cate
Evidence
Evidence respecting
respecting thethe handwriting may
handwriting may may
may be made by
be made by aa secretary
secretary of the
of the
also be
also be given
given by
by aa comparison,
comparison, mademade byby embassy or
embassy legation, consul
or legation, consul general,
general,
the witness
the witness or the court,
or the court, with
with writings
writings consul,
consul, vice-consul,
vice-consul, oror consular
consular agent
agent or
or by
by
admitted
admitted or treated as
or treated as genuine
genuine by the
by the any
any officer
of cer in the
the foreign
foreign service
service of thethe
party against whom
party against whom the the evidence
evidence is is Philippines
Philippines stationed
stationed in in the
the foreign
foreign country
country
offered,
offered, or proved to
or proved genuine to the
to be genuine the in
in which
which the
the record
record is is kept,
kept, and and
satisfaction
satisfaction of
of the judge.
the judge. authenticated
authenticatedby bythe
the seal
seal of of his
his or her
her
office.
of ce.
Sec. 23.
Sec. 23. Public
Public Documents
Documents as
as
Evidence. -—Documents
Evidence. Documents consisting
consisting of
of A document
A document that is
is accompanied
accompanied by
by aa
entries
entries in public records
in public records made
made in the
in the certificate
certi cateoror its equivalent
equivalent may may be be
performance
performanceof of aa duty
duty by
by aa public
public ofofficer
cer presented
presented inin evidence
evidence without
without further
further
are prima facie
are prima facie evidence
evidence of the facts
of the facts proof, the
proof, the certi
certificate
cate oror its
its equivalent
equivalent being
being
therein stated. All
therein stated. All other
other public
public documents
documents prima
prima facie
facie evidence
evidence of the due
of the due execution
execution
are
are evidence,
evidence, even
even against
against aa third person,
third person, and genuineness of
and genuineness of thethe document
document
of the fact
of the fact which
which gavegave rise
rise to their
their involved. The
involved. The certi
certificate
cate shall
shall not
not be be
execution and
execution and of
of the
the date
date of
of the
the latter.
latter. required
required when
when aa treaty
treaty or orconvention
convention
between
betweenaa foreignforeign country
country and and thethe
Sec. 24.
Sec. 24. Proof
Proof of
of Official
Of cial Record.
Record.—- Philippines
Philippines has
has abolished
abolished thethe requirement,
requirement,
The record
The record of
of public
public documents
documents referred
referred to
to or has exempted
or has exempted thethe document
document itself from
itself from
paragraph (a)
in paragraph of Section
(a) of Section 19,
19, when
when this
this formality.
formality.
admissible for
admissible for any purpose, may
any purpose, may be
be
evidenced
evidenced byby an
an official
of cial publication
publication thereof
thereof Sec. 25.
Sec. What Attestation
25. What Attestation of
of Copy
Copy
or by a
or by a copy
copy attested
attested byby the officer
the of having
cer having State. -—Whenever
Must State. Whenever aa copy
copy of
of a
the legal
the legal custody
custody ofof the
the record,
record, or
or by
by his
his or
or document or
document or record
record isis attested
attested for the
for the
her deputy,
her deputy, and
and accompanied,
accompanied, ifif thethe record
record purpose of
purpose evidence, the
of evidence, the attestation
attestation must
must
is not
is not kept
kept ininthe
thePhilippines,
Philippines, with
with a state, in
state, in substance,
substance, that
that the
the copy
copy is
is a
certificate
certi cate that such of
that such cer has
officer has the
the correct copy
correct copy of the
the original,
original, or
or aa speci
specificc
custody.
custody. part thereof,
part thereof, asas the
the case
case may may be.
be. The
The
attestation must
attestation must bebe under
under the the of
official seal
cial seal
If the of
If the office
ce inin which
which the
the record
record is kept is of the
of the attesting
attesting of
officer,
cer, ifif there
there bebe any,
any, or
or
in a foreign country, which
in a foreign country, which is is a
a contracting
contracting ifif he
he or
or she
she be
be the
the clerk
clerk of of aa court
court having
having
party
party to a treaty
to a or convention
treaty or convention to to which
which the
the aa seal,
seal, under
under the
the seal
seal of
of such
such court.
court. (25a)
(25a)
Philippines is
Philippines is also
also aa party, or considered
party, or considered aa
public
public document
document under under such
such treaty
treaty or Sec. 26.
Sec. 26. Irremovability
Irremovability of
of Public
Public

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EVIDENCE
EVIDENCE REMEDIAL LAW

Record. -—Any
Anypublic
publicrecord,
record, an
an of
official
cial
copy which is
copy of which is admissible
admissible in
in evidence,
evidence, Sec. 31.
Sec. 31. Alteration in Document, How
Alteration in
must not be
must be removed
removed from
from the
the ofoffice
ce in to Explain.
to Explain. -— Theparty
The partyproducing
producing aa
which it is
which is kept,
kept, except
except upon
upon order
order ofof a document
document as genuine which
as genuine which hashas been
been
court where the
court where inspection of
the inspection the record
of the record is
is altered
altered and appears to
and appears have been
to have been altered
altered
essential
essentialto to the determination of
the just determination of aa after its
after its execution,
execution, inin a
a part
part material
material to
to the
the
pending
pending case.
case. (26)
(26) question
question in in dispute,
dispute, must account for
must account the
for the
alteration.
alteration. HeHe or she may
or she may show
show that the
Sec. 27.
Sec. Public Record
27. Public Record of Private
of a Private alteration was
alteration was made
made by by another,
another, without
without
Document.
Document. -— AnAnauthorized
authorizedpublic
public record
record his
his or her concurrence,
or her concurrence, or was made
or was made with
with
of
of aa private
private document
document maymay bebe proved
proved byby the consent
the consent ofof the
the parties
parties affected
affected by
by it,
it, or
or
the original record,
the original record, oror by aa copy
copy thereof,
thereof, was otherwise
was otherwise properly
properly or or innocently
innocently
attested by
attested the legal
by the legal custodian
custodian of the
of the made,
made, oror that
that the
the alteration did not
alteration did not change
change
record, with
record, an appropriate
with an appropriate certificate
certi cate that
that the meaning
the meaning or or language
language of of thethe
such
such officer
of cer has
has the
the custody.
custody. (27)
(27) instrument.
instrument. If If he
he or
or she
she fails
fails to
to do
do that,
that, the
the
document shall
document shall notnot bebe admissible
admissible in
Sec. 28.
Sec. 28. Proof
Proof of
of Lack
Lackof
of Record.
Record.—- A A evidence.
evidence. (31a)
(31a)
written statement signed by
written statement signed by an officer
of cer
having
having the
the custody
custody of
of an official
an of record or
cial record or Sec. 32.
Sec. 32. Seal.
Seal. -—There
There shall
shall be
be no
no
his or
by his or her
her deputy
deputy that,
that, after
after diligent
diligent difference between
difference between sealed
sealed and
and unsealed
unsealed
search, no record
search, record or entry
entry of
of aa speci
specified
ed private documents insofar
private documents insofar as their
as their
tenor is
tenor is found
found to
to exist
exist in
in the
the records
records of his
of his admissibility as evidence
admissibility as evidence is
is concerned.
concerned.
or her
or her of
office, accompanied by
ce, accompanied by aa certi
certificate
cate
as above
as above provided,
provided, is
is admissible
admissible as
as Sec.
Sec. 33.
33. Documentary
Documentary Evidence in an
evidence
evidencethat
that the
the records
records of
of his her
his or her Unofficial
Unof Language. -—Documents
cial Language. Documents
office contain no
of ce contain such record
no such record or entry.
entry. written in
written in an
an unof
unofficial language shall
cial language shall not
not
¡ (28a)
(28a) be
be admitted
admitted as asevidence,
evidence, unless
unless
accompanied with
accompanied with aa translation
translation into
into
Sec. 29.
Sec. 29. How
How Judicial
Judicial Record Record English
English oror Filipino.
Filipino. To
To avoid
avoid interruption
interruption of
of
Impeached.
Impeached. -— AnyAnyjudicial
judicialrecord
recordmaymay be
be proceedings,
proceedings, parties
parties or
or their attorneys are
their attorneys are
impeached
impeached by evidence of:
by evidence of: directed to
directed to have
have such
such translation
translation prepared
prepared
a. want
wantof ofjurisdiction
jurisdiction inin the
the court
court or before trial.
before
officer;
judicial of cer;
b. collusion
collusion between
between the parties; or
c. fraud inin the
the party
party offering
offering the
the Classes of
Classes of Documents
c. fraud
record,
record, in in respect
respect to the
to the
proceedings.
proceedings. (29)
(29) 1.
1. Public
Public
a. Of
a. Official acts or
cial acts orrecords:
records: written
written
Sec. 30. Proof
Sec. Proof of
of Notarial
Notarial Documents. official
of acts, or
cial acts, records of
or records the
of the
—
— Every
Every instrument
instrument duly acknowledged or
duly acknowledged or sovereign authority,
sovereign official
authority, of bodies
cial bodies
proved
proved and certified
and certi as provided
ed as provided by law,
law, and tribunals,
and tribunals, and
and public
public of
officers,
cers,
may be
may be presented
presented in in evidence
evidence without
without whether of the
whether the Philippines,
Philippines, oror of
of a
further proof, the certi cate of
further proof, the certificate of foreign country;
foreign country;
acknowledgment being
acknowledgment being prima facie
prima facie b. Documents
b. Documentsacknowledged
acknowledged before
before a
evidence
evidence ofof the the execution
execution of of the
the notary public,
notary public,EXCEPT
EXCEPT last
last wills
wills and
and
document involved.
instrument or document testaments;
testaments;

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EVIDENCE
EVIDENCE REMEDIAL LAW

Documents that
c. Documents that are
areconsidered
considered c. Unblemished by
c. Unblemished by any
any alterations
alterations
public documents
public documents under
under treaties
treaties or circumstances
or circumstances [Sec.[Sec. 21, Rule
21, Rule
and conventions;
and conventions;andand 132, ROC].
132, ROC].
d. Authorized
d. Authorizedpublic
publicrecord
record of
of a
a private
private 2. ItsItsauthenticity
2. authenticityand anddue
dueexecution
execution has
has
document.
document. been explicitly
been explicitly or impliedly admitted
or impliedly admitted byby
the adverse
the adverse party
party byby failure
failure to
to deny
deny the
the
2. Private same under
same under oath oath (i.e.
(i.e.actionable
actionable
2. Private
All writings
All writings that are not
that are not public
public are
are document) [Sec.
document) [Sec. 8,
8, Rule
Rule 8,
8, ROC];
ROC];
private.
private. 3. It Itis isnot
3. notoffered
offeredas asauthentic
authentic [Sec.
[Sec. 20,
20,
Rule 132,
Rule 132, ROC];
ROC];and and
An instrument
An instrument which
which is defective by
is defective by 4. It Itis issimply
4. simplyidenti
identified as that
ed as that which
which it is
reason of
reason of the
the incompetence
incompetence of of the
the notary
notary claimed to
claimed to be
be [Sec.
[Sec. 20,
20, Rule
Rule 132,
132, ROC].
ROC].
or by
or by reason
reason ofof any
any other
other fault
fault in
in its
its form
form
shall be
shall be considered
considered asas PRIVATE
PRIVATE when Public Documents as Evidence
Evidence
signed by
signed the parties
by the parties who
who executed
executed the the
Type of Public
Type Public Use or
Use or Effect
Effect
same.
same.
Document
Document

Authentication and
Authentication and Proof
Proof of Private
Private Entries
Entries in
in Public
Public Prima
Prima facie
facie evidence
evidence
Documents
Documents Records Made
Records Madeinin the of the
the of the facts
facts stated
stated
Performance of
Performance of Duty therein.
Duty therein.
by Public
by Public Officers.
Of cers.
General Rule
Before
Before any
any private
private document
document offered
offered as
as authentic
authentic All
All other
other public
public Evidence
Evidence of
of (1) the
(1) the
is received
is received inin evidence,
evidence, its duedue and
and execution
execution documents.
documents. fact which
fact which gave rise
rise to
to
must bebe proved
proved by their execution
their execution and
and
must by any
any of
of the
the following
following means:
means:
(2) of
(2) of the
the date
date of
of the
the
1. By anyone
1. By anyone whowho saw saw thethedocument
document
execution.
execution.
executed or
executed or written
written
2. Evidence
2. Evidence of the the genuineness
genuineness of the
of the [Sec. 23,
[Sec. 23, Rule
Rule 132,
132, ROC]
ROC]
signature or
signature handwriting of
or handwriting of the maker,
which can
which can be
be proved
proved by by AA public
public document
document enjoys enjoys the presumption of
the presumption of
3.
3. Other
Other evidence
evidence showing
showing its its due
due regularity.ItItisisaaprima
regularity. prima facie
facie evidence
evidence of
ofthe
thetruth
truth
execution and
execution and authenticity.
authenticity. of the
of the facts
facts stated
stated therein
therein and
and aaconclusive
conclusive
presumption of
presumption its existence
of its existence and
and due
due execution.
execution.
To overcome
To overcome this this presumption,
presumption, there
there must
must be
Exceptions
Exceptions
clear and
clear and convincing evidence[Chua
convincing evidence [Chuav.v.Westmont
Westmont
There is
There is no
no need
need to prove the
to prove due execution
the due execution and
and
Bank, G.R.
Bank, G.R. No.
No. 182650
182650(2012)]
(2012)]..
authenticity of
authenticity document in
of document the following
in the following
instances:
instances:
AA public
public document
document isisself-authenticating
self-authenticating and
and
1.
1. ItItisisan
anancient
ancientdocument,
document, which
which is:
is:
requires no
requires no further authentication
authentication in
in order
order to
to be
be
a. More
a. More than than 30 30 years
years old,old,
presented as
presented as evidence
evidence in court [Patula
in court [Patula v. People,
v. People,
computed
computed date of
from date of
from
G.R. No.
G.R. No. 164457
164457 (2012)].
(2012)].
execution;
execution;
Produced from
b. Produced from a a custody
custody in
which it
which it would
would naturally
naturally be
be found
found Official
Proof of Of cial Record
ifif genuine;
genuine; and
and 1. By an official publication thereof; or
2. By
2. ByByaa acopy
copyof
arofthe
thedocument
document
publication attested
theattested
atfe or by
the of cer having legal custody of
the officer having legal custody the
of the

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EVIDENCE
EVIDENCE REMEDIAL LAW
REMEDIAL LAW

record, or
record, or his/her
his/her deputy,
deputy, provided
provided that
that Upon
Upon order
order of
of aa court where
where inspection
inspection of
of the
the
ifif the
the record
record is
is not
not kept
kept in
in the
the Philippines
Philippines record is
record is essential
essential to
to the
the just
just determination
determination of
of aa
(i.e. in
(i.e. in aa foreign
foreign country),
country), the
the attested
attested pending case
pending case [Sec.
[Sec. 26, Rule 132,
26, Rule 132, ROC].
ROC].
copy must
copy must be
be accompanied
accompanied by
by a
certificate
certi cate with
with the
the following
following form:
form: of Lack
Proof of Lack of Record
Foreign Form of
Form of The certi
The certificate
cate of the custodian
of the custodian or
or by his/her
by his/her
Country Certificate
Certi cate deputy to
deputy to the
the effect
effect that
that after
after diligent
diligent search,
search, no
no
record or entry is found to
record to exist
exist in
in the
the records
recordsofof
Is a acontracting
Is contractingForm
Formprescribed
prescribed her of
his or her office, is admissible
ce, is admissible as as evidence
evidencethat
that
party to aa treaty
party treaty ininthe
the treaty,
treaty,
the records
the records of his or herher of
office contain no
ce contain no such
such
convention to
or convention subject to
to subject to
record or
record or entry
entry [Sec.
[Sec. 28,
28, Rule
Rule 132,
132, ROC].
ROC].
which
which thethereciprocity.
reciprocity.
Philippines is
Philippines is also
also
aa party.
party. Impeachment of
Impeachment of Judicial
Judicial Record
Any judicial record may be
Any judicial record may be impeached
impeached by
by
Is NOT
Is NOT aa Made by
Made by aa evidence ofof
evidence
contracting party
contracting party secretary of
secretary ofthe
the 1. Want
1. Want of
of jurisdiction
jurisdiction in the court
in the court or
or
to aa treaty
to treaty or
or embassy oror
embassy judicial officer;
judicial of cer;
convention to
convention to legation, consul
legation, consul 2. Collusion
2. Collusionbetween
between the parties;
parties; or
or
which the
which the general, legation,
general, legation, 3. Fraud
3. Fraudininthe
theparty
partyoffering
offering the
the record,
record, in
in
Philippines
Philippines is also
is also consul general,
consul general, respect to
respect to the
the proceedings
proceedings [Sec.
[Sec. 29,
29, Rule
Rule
aa party.
party. consul, vice-
consul, vice- 132, ROC].
132, ROC].
consul, or
consul, or
consular
consular agent,
agent, Proof of Notarial Documents
Documents
any officer
or any of cerinin
the foreign
the foreign
service of
service of the
the General Rule
Rule
Philippines
Philippines Documents duly
Documents duly acknowledged
acknowledged before
before aa notary
notary
stationed in
stationed in the
the public may
public may bebepresented
presented in
in evidence
evidence without
without
country where
country where further proof.
further proof.
the record
the record is
is kept
kept
and
and
Exception
Exception
authenticated by
authenticated by
the seal
the seal of
of his
his or
or Last Will
Last Will and
and Testament
Testament [Sec.
[Sec. 30,
30, Rule
Rule 132,
132,
her of
her office.
ce. ROC].
ROC].
[Sec. 24,
[Sec. 24, Rule
Rule 132,
132, ROC]
ROC]
Document
Alteration in Document
The party
The party producing
producing aa document
document as
as genuine
genuine
Irremovabilityof
Irremovability ofPublic
Public Record
Record
which has
which has been
been altered
altered and
and appears
appears to to have
have been
been
altered after its execution,
altered execution, in in aa part
part material
material to
to
the question
the question in dispute,
dispute, must
must account
account for
for the
the
alteration, by
alteration, by showing
showingthat:that:
General Rule
General Rule 1. The
1. Thealteration
alteration waswas made
made by by another
another
Any public
Any public record,
record, an
an official
of cial copy
copy of
of which
which is
is without his
without his or
or her
her concurrence,
concurrence, or or was
was
admissible in
admissible evidence, must
in evidence, must not removed
not be removed made with
made consent of
with the consent the parties
of the parties
from the
from the of
office which itit is
ce in which is kept.
kept. affected by
affected by it;
it;
2. The
2. Thealteration
alteration was
was properly
properly oror innocently
innocently
Exception
Exception made; or
made; or

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3. The alteration
3. The alteration did
did not
not change
change the
the and
and which
which have
have to
to be
be produced
producedininthetheterritory
territory ofof
meaning
meaning or language of
or language of the instrument
the instrument another Contracting
another Contracting State,
State, which
which include:
include:
[Sec. 31,
[Sec. 31, Rule
Rule 132,
132, ROC].
ROC]. 1. Documents
1. Documentsemanating
emanating from an authority
authority
or an
or an of
official
cial connected
connected with
with the
the courts
courts or
or
NOTE: Failure
NOTE: Failure to explain
explain the
the alteration
alteration shall
shall tribunals of the
tribunals the State,
State, including
including those
those
result in
result in the
the non-admission
non-admission of
of the
the evidence
evidence [Sec.
[Sec. emanating from
emanating public prosecutor,
from a public prosecutor, a
31, Rule
31, Rule 132,
132, ROC].
ROC]. clerk of aa court
clerk court orora aprocess-server
process-server
("huissier de justice");
("huissier
Seal
Effect of Seal 2. Administrative
2. Administrativedocuments;
documents;
There is no
There no difference
difference between
between sealed
sealed and
and 3. Notarial
3. Notarial acts;
acts;
unsealed private
unsealed private documents
documents [Sec.
[Sec. 32,
32, Rule
Rule 132,
132, 4. OfOfficial
4. certificates
cial certi which are
cates which are placed
placed on
ROC].
ROC]. documents signed
documents signed byby persons
personsinin their
their
private capacity,
private capacity, suchsuch a

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