CRITICAL AREAS IN REMEDIAL LAW by Atty.

Kit Villasis

Special appearance to question the jurisdiction of the

Court not considered as voluntary appearance.

1. Rule-making power of the Supreme Court Promulgate rules concerning the protection and
enforcement
of constitutional
rights, pleading,
practice, and procedure in all courts, the admission to
the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all
courts of the same grade, and shall not diminish,
increase, or modify substantive right

Sec 1 Rule 9 Defenses and objections not pleaded

either in a motion to dismiss or in the answer are
deemed waived. However, when it appears from the
pleadings or the evidence on record that the court has
no jurisdiction over the subject matter, that there is
another action pending between the same parties for
the same cause, or that the action is barred by a prior
judgment or by statute of limitations, the court shall
dismiss the claim.

ESCAPE DOCTRINES:

Sec. 8 Rule 15.Omnibus motion.

A. Liberal Construction- Rules shall be liberally

construed in order to promote their objective of
securing a just, speedy and inexpensive disposition of
every action and proceeding.

Subject to the provisions of section 1 of Rule 9, a

motion attacking a pleading, order, judgment, or
proceeding shall include all objections then available,
and all objections not so included shall be deemed
waived

B. The Supreme Court has the power to relax

and suspend the rules for weighty reasons to avoid
injustice to the litigant.

6. Jurisdiction is determined by the allegations of the

complaint. XPN: allegations and evidence of tenancy

equity.

C. Philippine courts are both courts of law and

2. Certiorari, Prohibition, Mandamus, Quo Warrantoand

Petition for Habeas Corpus follows the Judicial
Hierarchy
3.Doctrine
of
Judicial
Stability/
Non-Judicial
Interference As a general rule, No court has the
authority to interfere by injunction with the judgment
of another court of coordinate jurisdiction or to pass
upon or scrutinize and much less declare as unjust a
judgment of another court. However, the doctrine
does not apply where a third party claimant is involved
or terceria.

Gomez v. Montalban if the interest is PRIMARY and

INSEPARABLE component of the obligation and already
determinable at the time of the filing of the complaint,
it must be included in the computation of the amount
to determine jurisdiction.
7. AccionPubliciana - follow the 20k w/o Manila 50k
w/in Manila assessed value det of jurisdiction
8. Action for Specific Performance incapable of pec
estimations alone RTC, with damages, RTC. ASP or
Damages, det the amount. ASP to compel the execution
of deed of sale or delivery of title over a particular
party, REAL action, where the property is located and
assessed value.,
9. Delegated Jurisdiction of the MTC, appeal to CA

This doctrine applies with equal force to administrative

bodies. When the law provides for an appeal from the
decision of an administrative body to the SC or CA, it
means that such body is co- equal with the RTC in
terms of rank and stature, and logically beyond the
control of the latter.
4. Expanded concept of Jursidiction the power to
hear, try, decide and EXECUTE the judgment.
2 Exceptions to MotuProprio Dismissal
a. Rules on Summary Procedure
b. Small Claims
5. Jurisdiction Motion for Extension of Time is also
considered as voluntary appearance.

10. Special Jurisdiction of MTC

11. CTA div to CTA en banc to SC R45
12. GR: Jurisdiction may be questioned even on appeal.
XPN: Doctrine of Estoppel to question the Jurisdiction actively participated in the case. Tijam V. Sibonghanoy
13. KatarungangPambarangay - always check the
parties involved. Only NATURAL persons are req to
undergo brgy conciliation. Exclude corporations, estate
or juridical persons, juridical entity.
14. Kinds of disputes which are not subject to the
KatarungangPambarangay:
(a) Where one party is the government, or any
subdivision or instrumentality thereof;

(b) Where one party is a public officer or employee,

and the dispute relates to the performance of his
official functions;
(c) Offenses punishable by imprisonment exceeding one
(1) year or a fine exceeding Five thousand pesos
(P5,000.00);
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located
in different cities or municipalities unless the parties
thereto agree to submit their differences to amicable
settlement by an appropriate lupon;
(f) Disputes involving parties who actually reside in
barangays of different cities or municipalities, except
where such barangay units adjoin each other and the
parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
g) Such other classes of disputes which the President
may determine in the interest of justice or upon the
recommendation of the Secretary of Justice. The court
in which non-criminal cases not falling within the
authority of the lupon under this Code are filed may, at
any time before trial, motuproprio refer the case to
the lupon concerned for amicable settlement.
Instances when the parties may go directly to court
Section 412, paragraph (a) of the Local Government
Code provides a pre-condition before a complaint can
be filed in court: No complaint, petition, action, or
proceeding involving any matter within the authority of
the lupon shall be filed or instituted directly in court or
any other government office for adjudication, unless
there has been a confrontation between the parties
before the lupon chairman or the pangkat, and that no
conciliation or settlement has been reached as
certified by the lupon secretary or pangkat secretary as
attested to by the lupon or pangkat chairman or unless
the settlement has been repudiated by the parties
thereto.
Paragraph (b) of the said section however provides for
instances whereby the parties in dispute can go directly
to court:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of
personal liberty calling for habeas corpus proceedings;
(3) Where actions are coupled with provisional
remedies such as preliminary injunction, attachment,
delivery of personal property, and support pendente
lite; and
(4) Where the action may otherwise be barred by the
statute of limitations.
(c) Conciliation among members of indigenous cultural
communities. - The customs and traditions of
indigenous cultural communities shall be applied in
settling disputes between members of the cultural
communities.
Only real parties in interest may be subject of
conciliation. No SPA may be allowed.

15. File in the brgy where the school, office is located

if brgy. Conciliation is applicable. Parties are non
resident of the school or office.
16. If compromise agreement achieved, 6 months
lupon, beyond MTC. Reckoning point of compromise
agreement, the date mentioned in the agreement
controls. GR: Regardless of the amount involved,
assessed value of the property, the enforcement of
compromise agreement beyond 6months is within the
MTC. XPN: When the parties decided to go to court and
file a complaint for collection of sum of money instead
of enforcing the compromise agreement. The rule on
brgy. Conciliation does not rule out filing of a complaint
in court.
17. Rule on Summary Procedure
FEUD - irrespective of the amount
200k below within MM MTC - claim for sum of money
100k below without MM MTC - claim for sum of money
or small claims
18. No summary procedure for settlement of estate.
19. Prohibited pleadings in RSP
No motion to dismiss XPN: Lack of jurisdiction and
failure to go to brgy. Conciliation
No reply.
No default in RSP.
20. MR is prohibited. XPN: Applies only to a judgment
on the trial on the merits. MR is allowed in
interlocutory orders., failure to follow brgy.
Conciliation.
Prohibition in MR only applies until the MTC. If the case
is appealed to RTC, MR is allowed.
21. A pre-trial brief is now required under the RSP.
22. Small claims. Less than 100k exclusive of IDALEC.If
more than 100k, waive the excess amount.
23. Bouncing checks BP 22 in Small Claims. Once Small
Claims is filed you can no longer file BP22 and vice
versa.
24. Lawyer cannot appear on behalf of the corporation.
25. Brgy. Compromise Agreement, 100k below, may be
enforced under the rules on small claims.
Civil liability arising from a crime less than 100k may
be enforced under the rules on small claims.
Remedies in RSC: R65, Annulment of Judgment R47,
S10.

CIVIL PROCEDURE
1.

All the elements of cause of action must be

present. Otherwise, dismissible for failure to state
a cause of action. If there is no cause of action at
the time of the outset, amendment will not be
allowed. No amount of amendment whether by
amendment or supplemental will suffice to cure

the deficiency. After accrued cause of action will

only be allowed in a different suit or complaint.
2.
Joinder of causes of action, follow R3S6. Same
transactions and there is a common question of
law and facts. Transaction refers to any acts or
omissions which give rise to a cause of action.
3.

Parties, derivative suit - must be in the name

of the corporation, since it is the real party-ininterest.

4.

A lessor is not a real party-in-interest if a third

person occupies the leased property. It is the
lessee who is in possession so he is the Real party
in interest.

5.

A co-owner may file an ejectment suit in behalf

of other co-owners even if they are not impleaded
except if a co-owner repudiated his right who
must be impleaded.

6.

Partition. All co-owners must be impleaded but

non-joinder is not a ground for dismissal.

7.

Class suit. Is the interest of each and every

member of the class suit specifically identifiable?
If yes, no class suit.

8.

9.

Death of a party in a civil action. If the action

survives even in the death of the defendant,
substitution is proper. No need for summons. A
favorable judgment obtained by the plaintiff must
be filed in the proper probate court.
Irene Marcos Araneta case. Venue, personal and
real actions only. If two or more plaintiffs,
consider the residence of the principal plaintiff
and principal defendants, at the option of the
principal plaintiff.

17.

Compelling test of compulsoriness. Is there a

logical connection between the counterclaim and
the subject matter of the complaint? If yes, CC. If
no, PC.

18.

R15S6, R17S2, R17S3 - common denominator,

all answers with counterclaims (CC and PC). The
dismissal of the complaint will not dismiss all the
counterclaims. Defendant has the option to file
the CC in the same case or file a separate action.

19.

R8S8, denial of an actionable document. GR:

Reply is not mandatory, all the matters are
deemed controverted. Reply is mandatory if there
is an actionable document to deny its genuineness
and should be under oath.

20.

Default. Lim V. Napocor, are you now required

to file an answer a complaint-in-intervention? Yes,
otherwise you may be declared in default.

21.

Remedies in declaration of default before

finality: set aside the order in default, FAMEN
with affidavit of merit/meritorious grounds. P. 14,
Villasis

22.

Judgment declaring the defendant in default

shall not exceed the amount claimed. Even if the
evidence would show in excess of the claimed
amount. R9S3d

23.

Amendment to confer jurisdiction of the court,

yes, only when it is a matter of right.

24.

Amendment to
presented. R5S10

25.

conform

to

the

evidence

Filing and service of summons.

26.

Substituted service of pleadings. R13S8. V

Substituted Service of Summons. R14S7

27.

Service of summons. Resident defendant,

citizenship is immaterial always take note of the
residency and not the citizenship, actions in
personam. VA, Personal even if served inside the
courtroom, sunday,
nighttime,
holiday.
Substituted
unsuccessful
personal
service,
reasonable efforts, person of suitable of age and
discretion AND residing therein. Miralles case.
Publication as a rule is not allowed. S14,16R14.
Non-resident defendant, VA, service within the
state, remedy is to attach the property to convert
the action to quasi-in-rem.
Domestic Corporation, service of summons,
PMG-CTI.

10.

Venue, exclusive or restrictive and permissive.

11.

Complementary contracts construed together.

The venue stipulation in the principal contract
equally applies to its accessory contract.

12.

Cert of NFS. Litispendentia, res judicata, L/R.

P. 11, Villasis Willful and deliberate FS, only
instance of summary dismissal.

13.

Commonality of interest, parties are deemed to

file the action. Signature of some may be
considered as substantial compliance.

14.

GR: Counsel cant sign VCNFS XPN: LAwyer

authorized through a board resolution with
corresponding certificate from the secretary.

28.

15.

Even without board resolution: CPG p. 12,

Villasis. VP is also allowed.

29.

16.

Residual prerogative. R9S1. 4 grounds (LRLP)

wherein the court may validly dismiss the case.

30.

S12R14, p. 13, Villasis

Three-day notice rule does not apply to the
opposing parties and not tot the court
(jurisprudence).

31.
32.
33.
34.

Grounds
Memorize.

in

filing

motion

to

dismiss.

47.

Two-dismissal notice rule. Both dismissal must

be at the instance of the plaintiff.

Demurrer to evidence. No leave of court. If the

CA reverses the decision of the RTC, it will no
longer remand the cause to the lower court. CA
will render judgment conformably based on the
evidence presented by the plaintiff.

48.

4 Dismissals due to the fault of the plaintiff.

Memorize.

Inverted trial/reversed
criminal case.

49.

P.18, res judicata on annulment.

trial

in

civil

and

One day examination of witness rule.

35.

Pre-trial is mandatory. Effects of the absence of

the parties. Failure to file a PT brief has the same
effect of being absent of the parties during the
PT.

50.

Judgment on the pleadings, follow the 3-day

notice rule V. Summary Judgment, partial
summary judgment - interlocutory order,
unappealable, follow the 10-day notice rule.

36.

Mediation is part of pre trial, the parties are

required to be present. Failure to appear,
sanctions are: reprimand, censure, dismissal

51.

37.

Doctrine of separability, severability: if there is

an arbitration clause in the contract and it is later
on declared void, it will not make the entire
contract void.

38.

Two tests for the issuance of subpoena

ducestecum.
Tests
of
relevancy
and
definiteness.p. 24, Villasis

39.

Intervention. If there is already a judgment, as

a rule, intervention will not be allowed except in
the case of an indispensable parties. S2R20.

Post Judgment remedies. Before finality: MR

grounds, no motion for extension of time, second
MR allowed only in final or judgment but not to
interlocutory order. No 2nd MR shall be filed by
the same parties will be allowed. Any exception
will only be allowed on the ground of higher
interests of justice, in 2/3 votes of the SC en
banc. MNT, a newly discovered evidence must be
material. Neypes rule, 15days to file appeal - R40,
41, 42, 43, 45. Also applies in criminal cases.
Judicial appeals only does not apply to
administrative appeals. Retroactive effect of fresh
period rule, allowed since there are no vested
rights in procedural laws.

52.

Order denying an MR can now be subject of an

appeal in an order of dismissal because it is
considered as a final deci.sion.

40.

If the main action is dismissed, intervention

will no longer be allowed.

41.

Modes of discovery. Cumulative in nature,

choice of one vacates the others. Word of product
rule, words, memorandum, writings made by
lawyer in pursuance of his duties form part of his
confidential files and may be subject to written
interrogatories.

42.

Answers to admission. At any time after the

issues are joined. Served directly to the party. If
issued directly to the counsel, not binding to the
party.

43.

Trade secrets, privileged matters, cannot be

the subject of production order.

44.

Documents embodying the

rehabilitation cannot be the
production order.

45.

If there is a controversy in the physical and

mental condition of the parties, can avail of R29
subject to physician-patient privilige under the
rules. This mode of discovery may be availed in
criminal cases.

46.

patients drug
subject of a

Deposition in criminal cases, only done before

the judge or in the court wher the case is pending
and NO OTHER.

The denial of the motion for reconsideration of an

order of dismissal of a complaint is not an
interlocutory order, however, but a final order as
it puts an end to the particular matter resolved,
or settles definitely the matter therein disposed
of, and nothing is left for the trial court to do
other than to execute the order.

Not being an interlocutory order, an order denying

a motion for reconsideration of an order of
dismissal of a complaint is effectively an appeal
of the order of dismissal itself.
53.

In all cases of appeals, follow the hierarchy of

courts. ONLY EXCEPTIONS, MTC delegated
jurisdiction, appeal to CA. RTC pure questions of
law, appeal to SC R45.
54.
Residual jurisdiction.
55.

Matters that are subject of an appeal.

Interlocutory order not subject of an appeal, R65.

56.

Not stayed by appeal, Receivership, Injunction,

Support pendente lite, Accounting, Ejectment.

57.

The filing of the pet for review under R43 will

not stop the execution of the award, final order,
judgment or resolution.

58.

R45, self defense, granting of demurrer to

evidence, tenancy agreement, breach of contract,
not subject to pet for review on certiorari. All
deal with questions of fact.

59.

Motion for extension of time only in highly

exceptional/compelling reasons.

60.

No pet for relief from judgment in CA and SC.

Only in MTC and RTC.

61.

R47, additonal ground, lack of due process

(jurisprudence)

62.

R47, MTC to RTC. RTC to CA. Does not apply to

SC.

63.
64.

65.

Doctrine of Immutability of Judgment - once

the judgment has been rendered, it can no longer
be reversed or modified. P. 38

CRIMINAL PROCEDURE
1.

Police line up, not a part of custodial

investigation, cannot invoke the right to counsel.
2.
Extrajudicial
admission,
WAVE,
writing,
assistance of competent and independent counsel
preferably of his own choice, voluntary and
express. Waiver of the rights except the right to
be informed of his rights, follow WAVE.
3.

Execution as a matter of right. Independent

action of Revival of judgment, incapable of
pecuniary estimation, RTC, venue, dependent on
the action either real or personal.

Arrest is legal, search is legal, evidence is

admissible. Arrest is illegal, search is illegal,
evidence is inadmissible - Doctrine of the Fruit of
Poisonous Tree. Probable cause in Warrant of
Arrest, no need for searching questions and
answers by the judge V. Probable Cause in Search
Warrant, can be issued even if there is no case
filed yet in court.

4.

Execution of money judgment. Sheriff cash,

check, promissory not if acceptable to the
creditor, personal property, real property,
garnishment.

With or without a motion, it is a duty of the

judge to judicially determine probable cause for
the issuance of warrant of arrest/search warrant.
It is a superfluity.

5.

In flagrante delicto arrest, there should be an

overt act that a crime has just been committed by
the accused, or he is actually committing or he
attempts to commit a crime. The words in the
presence of the apprehending officer means that
the AO saw the crime being committed from a
distance, or within a hearing distance.

6.

Hot pursuit - Close proximity or immediacy

between the commission of the offense and the
arrest of the person/accused.

7.

Bring the accused caught in flagrante delicto to

the nearest police station.

8.

Waiver of illegality of arrest does not cover the

right to question the inadmissibility of illegality of
seizure evidence.

9.

The posting or application of bail is not

equivalent to waiving the right to question the
illegality of the arrest, right to PI. Should be
raised before plea.

10.

Search Warrant - personal EXAMINATION of the

witnesses and the complainant he may produce.

11.

The motion to quash the search warrant shall

be denied if the ground is the variance in the
name stated in the warrant. What is controlling is
the particularity of the place to be searched and
the things to be seized.

Rollo v Fallo, rollo controls.

66.

Execution for delivery of real property. If

notice to vacate has been served already, the
defendant may be subject of indirect contempt if
he returns to the subject property.

67.

Terceria, 3rd party claim. The husband may be

considered as a party who may invoke terceria if
property used as collateral for payment of the
wife's debt is a conjugal property even if the debt
did not inure to the benefit of the family.

68.

72.

Discretionary execution only when there is a

good reason to justify execution pending appeal.
Financial distress on the part of the judgment
creditor not a good reason to justify discretionay
execution. Old age may be considered a good
ground. Moral and exemplary damages, not good
grounds.

69.

Property was levied already, defendant dies,

auction or execution sale may still push through.

70.

Execution of a foreign judgment. Our courts do

not take judicial notice of a foreign law, decree or
judgment. It must be properly alleged and proved
before the courts.

71.

Petition for cancellation of entry with a prayer

for recognition of a foreign divorce decree,
allowed.

12.

Undetermined amount of shabu is sufficient to

particularize
the
drugs
to
be
seized.
Jurisprudence

13.

14.

27.

Executive Judges of Manila or Vice-Executive

Judges of RTC QC, may issue search warrant
enforceable anywhere in the Philippines.

Respondent is not entitled to be furnished of

the counter-affidavits of his co-respondents in a
PI. Nothing in the Rules of PI allowing the same.
Only entitled to examine the evidence submitted
by the complainant.

28.

Warrant of arrest, enforced anytime. Search

warrant, GR daytime, XPN:

PI is just a statutory right. Must be invoked

before plea.

29.

Inquest takes place only when there is an

available inquest prosecutor, file the case directly
in court. Accused may subsequently ask for PI.
Motion for reinvestigation of PI may only be
invoked by the accused as provided in the rules.
In Leviste v. Alameda, the SC held that the right
given to the accused for PI or motion for
reinvestigation may also be invoked by the private
complainant.

30.

If MR denied, pet for review in DOJ, DOJ finds

no probable cause and orders the withdrawal of
the information filed in court. The trial court is
not bound by the resolution of Sec of Justice.
What the court is not allowed to do is to follow
blindly the resolution of the DOJ, presiding Judge
must conduct its own independent assessment on
the merits of the motion.

31.

Jurisdiction includes the execution of the

judgment. Requisites of jurisdiction.

32.

Expanded Jurisdiction includes not only the

power to hear, try and decide the case but also .
The RTC which convicted the accused may take
cognizance of a petition for habeas corpus
involving the same accused.

33.

Miranda V. Tullao. By filing of the motion for

the recall of the warrants of arrest, the accused is
deemed to have submitted voluntarily to the
jurisdiction of the court.

34.

In a case of conspiracy between a public

official and a private individual to commit a
violation of RA3019, the death of the public
official.

35.

If one of the accused is a minor in drugs cases,

jurisdiction is with the Family Court RTC.

36.

Libel cases, venue is where the offended

resides at the time of the commission if the
offense or where the libelous article was first
printed and published - this is not equivalent to
where the libelous article was accessed.

37.

Place of the offended party for the crime

committed in violation of Migrant Workers Act.

38.

Venue of the criminal case in perjury is the

palce where the document is notarized. Material
falsehood was consummated in the place where
the documentation is notarized.

15.

If the search warrant is quashed, illegal items

seized will no longer be returned.

16.

Validity of search warrant, 10 days ONLY. Once

expired, file a motion to quash the search
warrant.

17.

Search incidental to a lawful arrest.

18.

Plain view doctrine, open to the eye, open to

the hand, there is a valid justification or lawful
intrusion, there should be no effort, immediately
apparent, inadvertently chanced upon.

19.

Remedy if search warrant is quashed, file MR

even if there is no conformity of the public
prosecutor because search warrant hearing is not
criminal in nature.

20.

If the SW is issued during the pendency of the

case and the quashal of the sw was granted, it
cannot be subject of an appeal. Interlocutory,
hence, no appeal. If the SW in anticipation of a
crim case yet to be filed, it is considered as a
principal proceeding, the order granting the
quashal of the warrant or MR, ends the judicial
process. Not interlocutory. Hence, appeal may lie.

21.

As a rule, for bail to be applicable, the accused

must be in custody of the law first. XPN:

22.

Hospital arrest. As a rule, for bail to be

applicable, the accused must be in th custody of
the law. XPN: If the accused clearly communicates
his detention in the hospital is an indication that
he voluntarily submits to the jurisdiction of the
court.

23.

Bail as a matter of right. Enrile case: old age

and health reasons.

24.

Bail is discretionary. Leviste V. Alameda. Once

convicted, the constitutional presumption of
innocence is terminated.

25.

Extradition treaty - bail. Clear and convincing

of evidence that the extraditee is not a flight risk
and for compelling reasons.

26.

Preliminary Investigation, 4,2,1 without regard

to fine. Hearsay evidence may now be used in PI
to establish probable cause as long as there is
substantial basis for crediting the hearsay.

39.

Mere filing of the information in the

prosecutor's office of a criminal violation of RPC
or SPL already interrupts the running of the
prescriptive period. For violations of ordinances,
the filing of the information in COURT interrupts
the running of the prescriptive period of the
offense charged.

40.

Cannot be prosecuted de officio. ACSAL and

defamation in relation to ACSAL. In case of
defamation in relation to the crimes committed,
it can only be filed by the offended party. ACSAL
can only be filed by the offended party.

41.

Minor may file a case of acts of lasciviousness

on his/her own behalf provided he/she is not
incompetent.

42.

Aggravating circumstances must be properly

alleged in the information to be appreciated.

43.

Amendment of the information. Amendment in

form and in substance may be had if there is no
arraignment yet. If there is no arraignment yet
but the amendment is to downgrade the offense
or exclude any of the defendants, leave of court
is needed. If after arraignment, amendment as to
form only XPN doctrine of supervening events.

44.

Substitution is the appropriate remedy is the

alleged murders is committed in furtherance of
rebellion.

45.

Can you restrain criminal prosecution? As a

rule, NO. XPNS: check PALS.

46.

Rule 111. Once a criminal case is filed, civil

liability ex delicto is deemed instituted. No
reservation if civil liability is founded on ICA.
Acquittal because the accused is not the author of
the crime, no civil liability. Acquittal is not guilty
beyond reasonable doubt, accused is still civilly
liable, preponderance of evidence.

47.

48.

49.

If the accused was acquitted in a case of libel

because the communication was priviliged, civil
liability is also extinguished, because there is no
crime committed, hence, no civil liability.
Prejudicial question, a previously instituted
civil action has issues intimately connected or
related to a subsequent criminal action and is
determinative if the latter case will prosper or
not.
XPN to PJQ: The pendency of an administrative
case for specific performance brought by the
buyer of residential subdivision lots in the Housing
and Land Use Regulatory Board (HLURB) to compel
the seller to deliver the transfer certificates of
title (TCTs) of the fully paid lots is properly
considered a ground to suspend a criminal
prosecution for violation of Section 25 of

Presidential Decree No. 957 on the ground of a

prejudicial question. San Miguel Case V. BF Homes
Paranaque
50.

Motion to quash the information may only be

availed of before arraignment. Grounds motion to
quash. FJJOC MELD. Double Jeopardy, res judicata
in prison grey. IvlerV. San Pedro. The doctrine that
reckless imprudence under Article 365 is a single
quasi-offense by itself and not merely a means to
commit other crimes such that conviction or
acquittal of such quasi-offense bars subsequent
prosecution for the same quasi-offense, regardless
of its various resulting acts. Double jeopardy will
lie. People V. Torres, September 24, 2014. No dj if
accused appeals.

51.

Provisional Dismissal. Time-bar rule. S8R117

superseded by Pp V. PanfiloLacson, reckoning
point of the 1-year, 2-year time bar rule is
counted from the date of service of the order of
provisional dismissal to the prosecutor, but if the
private complainant is represented by a private
counsel, the rule is that, it shall start to run from
the start such private counsel is notified of the
order of provisional dismissal. 1 year refers to 12
months.

52.

Accused has to be arraigned in the court where

the case is pending. Plea should be voluntarily
made and unconditional. If there is an
amendment of the complaint or information, the
accused shall not be arraigned anymore if the
amendment is only formal, but if it is substantial,
accused shall be re-arraigned. LeteciaKummer vs.
People The change in the date of the commission
of the crime, if the disparity of time is not great,
is more formal than substantial. Such an
amendment would not prejudice the rights of the
accused since the proposed amendment would not
alter the nature of the offense.

53.

Plea of guilty to a lesser offense. During

arraignment. Should be to the offense charged or
is necessarily included therein. S1fR116.

54.

Suspension of arraignment, accused is suffering

from an unsound mental condition which requires
confinement in a mental institution, a valid
prejudicial question, 60 days after the filing of
the petition for review before the DOJ for the
resolution of the prosecutor.

55.

Pre trial in criminal cases V. Civil cases - BOTH

are mandatory.

56.

Offer of compromise during the pre trial must

be governed by the rules in the pre trial requiring
it to be in writing, signed by the parties. If not in
writing and signed by the parties, cannot be taken
against the accused. But if compromise is made
before or after the pre-trial, it is an implied

admission of guilt, and can be taken against the

accused.
57.

Offer of compromise of the father of the

accused is not admissible by reason of res inter
aliosacta rule.

58.

Trial. As a rule, a judgment may not be had

without trial. XPNs: Motion to dismiss, demurrer
to evidence, etc.

59.

Rights of the accused. DUPREBA HEIN SPEMCO

SEXDO

61.

Double jeopardy, without participation of the

accused, otherwise no DJ. XPNs: Accused
participates in dismissing the case, 1. Speedy Trial
and 2. Demurrer to Evidence

62.

Arraignment of the accused was moved for 19

times. Lumanlao V. Peralta, will mandamus lie to
compel the Judge to arraign the accused? Yes,
mandamus will lie to enforce the constitutional
right of the accused to a speedy trial.

64.

65.

66.

In Go V. People, for purposes of taking the

deposition of a witness in a criminal case, it must
be done before th court where the case is
pending, because it will violate the accused' right
to confront the witnesses.

68.

Discharge of the accused as a state witness.

ANSAC. Consent of the accused must be obtained.
It is not required to be the least guilty. The
requirement is clear, the accused does not appear
to be the most guilty.

69.

In Magubat V. SB, accused is accused of rape,

he may still qualify as a state witness because he
was not yet convicted.

70.

In Ampatuan V. De Lima, The SC has held that

in acts requiring discretion, mandamus will not
lie. The Sec of Justice may be compelled to take
cognizance on the request to include the accused
in an information, however, mandamus is not
available to compel the Sec of Justice to include
an accused in the information because it is a
discretionary act.

Requisites of trial in absentia.

60.

63.

67.

Right against self-incrimination. Testimonial

compulsion only. Does not apply to mechanical
act. Agustin V. Philippines, examination of a
woman's genitalia is a mechanical act. Expulsion
of morphine in one's month, drug testing
etc. Beltran V. Samson, the Supreme Court held
that an accused can invoke the right against selfincrimination when called to the witness stand;
but an ordinary witness may not do so, he can
only invoke the right against self-incrimination
when asked with incriminating questions in the
course of his testimony and not when called to
testify in the witness stand.
Jaime dela Cruz V. Pp, July 23, 2014. There is
now a violation of the right against selfincrimination when an accused who was charged
with the crime of extortion was compelled to
undergo drug testing through his urine sample.
Right against unreasonable searches and seizure
and right against self-incrimination were violated.
Extortion has no relation at all with drug related
offenses.
Demurrer to evidence in Criminal Cases. After
the prosecution has rested its case, The Court on
its own initiative or through a motion filed by the
accused, file a demurrere to evidence on the
ground of insufficiency of evidence, with or
without leave of court.
1. Prosecution is denied of due process, 2.
Grave abuse of discretion in granting demurrer to
evidence - NO violation of double jeopardy.

71.

#1 Bar Exam question, 2014.

No, the court was not correct in taking cognizance
of the Joint Motion for Reconsideration insofar
as Balatong and Labong were concerned.
Under Section 6 Rule 120, if the judgment was for
conviction and the failure of the accused to
appear was without justifiable cause, he shall lose
the remedies available under the Rules of Court
and the court shall order his arrest. The accused
may regain the remedies only if he surrenders and
files a motion for leave to avail of the remedies
under the Rules of Court.
Here the failureof Balatong and Labong to appear
was without justifiable cause as even their
lawyers were not aware of the reason for their
absence. Hence they lost their remedies under
the Rules.
Since Balatong and Labong did not surrender and
file a motion for leave to avail of remedies, it was
incorrect for the trial court to take cognizance of
the joint motion for reconsideration insofar
as Balatong and Labong were concerned.
The
trial court should instead have ordered their
arrest. (People v. De Grano, 5 June 2009, Peralta,
J.).
On the other hand, it was correct for the trial
court to take cognizance of the joint motion for
reconsideration insofar asLudong was concerned
since he and his lawyer were present during the
promulgation

71. Post judgment remedies.

New trial or reconsideration. - At any time
before a judgment of conviction becomes final,
the court may, on motion of the accused, or at its
own instance but with the consent of the accused,
grant a new trial or reconsideration.
Grounds for a new trial. - The court shall grant a
new trial on any of the following grounds:
(a) That errors of law or irregularities prejudicial
to the substantial rights of the accused have been
committed during the trial;
(b) That new and material evidence has been
discovered which the accused could not with
reasonable diligence have discovered and
produced at the trial and which if introduced and
admitted would probably change the judgment.
S24R119 Motion for reopening of the proceedings G: to avoid miscarriage of justice, S7R120 Motion
for Modification of the Judgment, Petition for
Certiorari R65, Petition for Habeas Corpus.
72. InPp V. Rafael Bitangga, Pp V. Llamas.
Annulment of Judgment is NOT a remedy in
Criminal Cases.
73. R45 equally applies in criminal cases.
74. Fresh-period rule equally applies in criminal
cases.
75. Certiorari, basis is Art. VIII, Sec. 1. Available if
there is no plain, speedy, adequate remedy
available. Concurrent Jurisdiction RTC, CA, SC.
Follow the Judicial Hierarchy of Courts.
GADALEJ.MTC to RTC. If RTC decides the pet for
certiorari adversely, appellant may elevate the
decision to CA via R41. Reason, it is an orginal
action. If CA still decides the pet for certiorari
adversely against the defendant, elevate the case
to the SC R45 via Pet for Review on Certiorari.
76. Pet for Habeas Corpus may be filed before the
court which rendered the judgment, of
conviction. May be a post conviction remedy in
the
following cases:
1. Deprivation
of
constitutional right resulting in the restraint of a
person. 2. When the court has no jurisdiction to
impose the sentence. 3. If the imposed penalty is
excessive thereby the voiding the sentence to
such excess.
77. In Tijing V. CA, if the rightful custody of the
child is withheld from te person entitled thereto.
78. Restrictive custody.

79. Militante V. Tajera, summons is not required to

be served to respondents in a petition for habeas
corpus.
80. Writ of Amparo is not criminal, civil or
administrative.
81. Writ of Amparo, Father Reyes was charged
with rebellion and subsequently questioned the
hold departure order. Restriction on his right to
travel, life and liberty.Petition for issuance of writ
of amparo to lift the hold departure order.
82. Writ of Amparo. NOT APPLICABLE IN:
Threatened demolition of dwelling, purely private
dispute.
83. New relaxed standard of admissibility of
evidence. The SC has held that the otherwise
inadmissible evidence are admissible if they are
relevant and consistent with other evidence.
84. Principle of Command Responsibility,
85. Post-conviction DNA Testing. May be done with
or without a court order. No two persons can have
the same DNA profile except identical twins.
86. Petition for Habeas Data. It is a remedy
available to any person whose right to privacy in
life, liberty or security is violated or threatened
by an unlawful act or omission of a public official
or employee, or of a private individual or entity
engaged in the gathering, collecting or storing of
data or information regarding the person, family,
home and correspondence of the aggrieved party.
87. RA9048 as amended by RA10172 - Clerical
Error Law. Change of day and month of birthdate.
Sex of the person if it is patently clear that it is
typographically wrong if they are visible to the
eyes.
88. R108 v R103