Criminal Procedure

Jurisdiction
venue is jurisdictional
place of commission determines jurisdiction
unless it is a transitory/continuing offense (where elements
of the crime may be committed in more than one place)
o ex. BP 22 place of issue or where check bounced
if crime committed outside the Philippines, it can still be
prosecuted here if it falls under Art. 2 RPC or under HSA
venue cannot be subject of compromise, waiver
venue of HEARING may be changed, but action must be
INSTITUED at venue where crime was committed
o this is provided for in the Consti, needs approval of
the SC
for protection of witnesses, accused
Isip v. Ppl venue is jurisdictional
Jurisdiction of Courts
o RTC penalty exceeds 6 years, regardless of fine or
accessory penalties
o MTC does not exceed 6 years
o If penalty is purely a fine (Circular 9-94)
RTC exceeds P4000
MTC does not exceed P4000
Jurisdiction of Special Agrarian Court (RTC)
o Landbank case
o There can be a criminal penalty for violation
o Given exclusive jurisdiction over:
Just compensation
All criminal offenses arising from that law
Jurisdiction of the SB
o Accused it at least SG 27
o Office must be a constitutive element of the offense;
without the office, the crime would not have been
committed
o Sirrana case involves UP student regent; SB has
jurisdiction because they are placed under SB
jurisdiction by express provision of law

If in relation to office but not SG 27, RTC has

jurisdiction, subject to appeal to SB
o If co-accused is within SB jurisdiction, SB has
jurisdiction even if the other co-accused do not fall
within SB jurisdiction
o What if co-accused is a private party?
As long as one falls under SB jurisdiction, SB
has jurisdiction
Which court has orig jurisdiction to issue Hold Departure
Order?
o Montejar case MTC cannot issue HDO
o Only RTC can issue HDO
o DOJ can issue but limited
o HDO v. watchlist
HDO prevents you from leaving
Watchlist if you try to leave for the first
two times, you cannot leave; but after a third
attempt, you can leave if still no case against
you
Jurisdiction is determined by the allegations of the
information
Prohibited second MR
o As a rule, this is a prohibited pleading
o Badiola case such motion is a prohibited pleading,
except for persuasive reasons and after obtaining
express leave from the court
Badiola case (other points):
o Wrong mode of appeal under Rule 56 will lead to
dismissal
o Dismissal of a criminal charge does not cover
dismissal of admin case
Jurisdiction of OMB
o Any act of malfeasance or misfeasance of a public
officer
o No requirement of relation to office
o The OMB is not a court
o OMB is an investigative body
o

OMB vested with power to investigate on its own

initiative without a formal complaint
o Method of filing a complaint before OMB is direct,
informal, speedy, inexpensive
o Which has primary jurisdiction over investigation of
cases in SB?
OMB, not prosecutor
OMB can take over at any stage from any
investigatory body
DOJ has general jurisdiction (prosecutor)
over violation of RPC, but OMB jurisdiction
prevails
Jurisdiction of OSP
o Lazatin OSP is merely a component of OMB, acts
under supervision, authority, control of OMB
o Perez power to prosecute carries power to file
information, but must be delegated to OSP
How to review OMB decisions
o If crim case and there is GADALEJ Rule 65 in SC
o If admin case, CA under Rule 43
Procedure in OMB
o Sesbreno all prosecutors are now deputized as
OMB prosecutors
o OMB can dismiss case outright for no merit
Power of OMB to prosecute cases under jurisdiction of
regular courts
o OMB powers are broad enough to include this
OSG
o Represents the People in the SC and CA (appealed
cases)
o Service of pleadings must be to OSG if the case is
already in the SC or CA
Ortega case allegations in information are controlling
o In cases of child in conflict of the law, age at the time
of the promulgation is not controlling
o Age at time of commission of the offense is
controlling
o

Rule 110
Requires PI office of the prosecutor
Does not require PI
o In Manila and other chartered cities prosecutor
o Outside Manila or chartered cities prosecutor or
MuTC
Summary Proceure
o BP 22 prosecutor
o Other cases prosecutor or Municipal Trial Court
(NOTE: NO DIRECT FILING IN MeTC)
Prescription
o Panagiton (BP 22) case prescriptive period is
deemed interrupted upon filing of case before the
prosecutor (even if the GR for special laws is upon
filing in court)
Control, Direction, and Supervision of a Criminal Case (Sec.
5)
o Given by law to the public prosecutor
o Three-fold duty of public prosecutor:
Conduct PI
Prosecute a case
Inquest proceeding
o Public prosecutor is in control of a criminal case; he
should be there
o The fact that there is a private prosecutor does not
remove the power of the public prosecutor to
prosecute
o But in the absence of the public prosecutor or due to
heavy workload he cannot prosecute, private
prosecutor can get a certification from chief state
prosecutor/chief of prosecution office that will allow
him to proceed
o Role of private prosecutor intervenes for the
offended party
o Adultery and concubinage can only be instituted by
the offended spouse, must implead paramour as well
unless dead
o Seduction, abduction, acts of lasciviousness can be
instituted by offended party even if minor, parent,

grandparent, guardian, state (successive and

exclusive)
o If malicious imputations in relation to adultery or
concubinage can only be instituted by offended party
Sufficiency of information (Sec. 6; Secs. 7-12)
o An information is sufficient if it states:
Name of the accused
Full name
If full name not known, use
nickname or appellation
If no appellation, use John Doe,
Jane Doe
o This cannot be used in civil
cases
Designation of the offense by statute
Ex. murder, homicide, estafa
There are offenses with no
designated name, such as violation
of ordinances; in this case, refer to
specific sections
Aggravating and qualifying circumstances
MUST be alleged
Or else cannot be taken against
accused even if proved at the trial
Facts and circumstances constituting the
offense
Cause of accusation (Sec. 9)
o Equivalent to cause of
action in civil cases
Language of information should be
in a language known to the accused
This is required for arraignment
(Rule 116)
Date of commission
Approximation is sufficient
But must be specific if date is a
material element of the offense (ex.
infanticide, election offenses)

Place of commission
As a general rule, approximation is
sufficient (within the jurisdiction of
_______)
but for offenses such as trespass to
dwelling, violation of domicile,
election offenses, specific place
required since it is a material
element
name of the offended party
if known, must state the name
if not known but crime against
property, describe property

Sec. 13
o One information, one offense
o Exception: Rule 120 Sec. 3; if accused fails to object
Amendment (Sec. 14)
o Whether a matter of form or substance, there can be
an amendment before plea
o Formal amendment can also be made after plea if it
will not prejudice the right of the accused; no more
substantial amendment after plea
o TEST: if the original defense of the accused will have
to be changed by reason of the amendment, it will
prejudice the rights of the accused and cannot be
made
o Downgrading and exclusion
Downgrading ex. from murder to
homicide
Exclusion removing from the information
This is different from discharge as
state witness, where a plea has
already been made
Should take place before plea
Upon motion of the prosecution, with leave
of court, with consent of the offended party
Substitution (Sec. 14)

If prosecution feels that they cannot prove the

offense charged in the information, it will be
substituted and a new one will be filed
o Read with Rule 119 Sec. 19 accused will not be
released until a new information is filed
o Provided that no double jeopardy
Venue (Sec. 15)
o If for trains, vehicle, court of any place where vehicle
passed
o

Rule 111
Civil liability of criminal cases
GR: once a crim action is instituted, the civ action is also
instituted
o Unless reserved, waived, or instituted prior
No reservation in BP 22
Reservation can be made at any time before prosecution
presents evidence, but considering the circumstances of the
case
Filing fees
o Only for moral, exemplary, nominal, temperate
damages
o No filing fees for actual damages
o If BP 22 filing fees for all claims
Actual damages is face value of check
Consolidation
o Amparo and civ/admin NO
o Amparo and crim case YES
o If civil instituted ahead, then subsequent crim, civ is
interrupted until final judgment in crim; but there is
an option to consolidate
31 January 2011
Rule 111
Kinds of acquittal
o Based on reasonable doubt
o Non-liability
o Purely civil

Acquittal with the statement that the fact from which

the civil may arise did not exist (?)
Prejudicial question
o Requisites
o The criminal action is suspended until the resolution
of the civil case
o Apply at any time before the prosecution rests its
case
o Can be done before the office of the prosecutor
Independent civil action
o Arts. 32, 33, 34, 2176 of the Civil Code
o
o

Rule 112
Preliminary investigation
o 4 years, 2 months, 1 day
Preliminary investigation v. Inquest
Who can conduct
Procedure
o
Must the respondent be served and actually receive a
subpoena before the prosecutor acquires jurisdiction over his
person?
o No
o Preliminary investigation is a statutory right that
may be waived
Remedies from a resolution from the prosecutor
o Petition for review with DOJ within non-extendable
period of 15 days
o Offense is one that requires preliminary
investigation or has gone through reinvestigation
o
Procedure if no preliminary investigation
The mere filing of a petition for review will not suspend the
issuance of a warrant of arrest; it is the arraignment that is
suspended
Inquest

o
o

If released for further prelim investigation;

complaint by police officer will be filed as a regular
complaint-affidavit before the office of the
prosecutor
If inquest prosecutor decides that the person should
be detained; he can apply for bail before the
executive judge
Person can request for PI upon waiver of Art. 125
RPC

Rule 113
Instances of warrantless arrest (Sec. 5)
o In flagrante delicto
o Hot pursuit
o Escaped from penal establishment
Other instances
o When already lawfully arrested and tries to escape
o When out on bail and tries to flee
Rule 114
Bail as a matter of right
o Before or after conviction in cases under the
jurisdiction of the MTC
o Before conviction in cases under RTC jurisdiction
not punishable by D, L, RP
Bail, when discretionary
Kinds of bail
o Cash bond
o Corporate surety
o Property bond
o Recognizance
9 February 2011
ABSENT
14 February 2011
Rule 115
Post-conviction petition for Habeas Corpus

What is the concept of chain of custody in the DNA Rule?

How is a laboratory accredited?
In paternity cases:
o 99.9 or higher disputable presumption of paternity
Disputable presumption stands until
disputed; burden of proof is on other party
to prove otherwise
o Lower than 99.9 corroborative evidence
Corroborative evidence of a different kind
or character pertaining to a particular fact
Cumulative evidence of the same kind or
character (ex. both testimonial evidence as
to a particular fact)
Right to be present
o Trial in absentia
o Waiver of accused right to be present
G.R. accused must be present at every
stage of the trial
EXC waivable:
Pursuant to stipulations in bail
Failure to appear without justifiable
cause despite notice
Under custody and escapes
Right to public trial
o Generally, live TV coverage not allowed
o Recording the trial is allowed (ex. Erap plunder trial)
Right to a speedy trial
o Kinds of speedy trial
Speedy disposition of the case (Consti)
Judgment rendered at the shortest
time possible
Can be invoked at any time
Remedy for violation habeas
corpus
o Because there is no legal
basis anymore for your
detention
Speedy trial (Crim Pro)

Apply for this before trial

Remedies:
o Ask for speedy trial
o Motion to dismiss
o Rule 65
o When is there a violation of right to ST?
Periods:
From arraignment to trial: 80 days
Entire trial period: 180 days
If period not followed, can file motion to
dismiss for violation of right to ST
But why do cases linger for so long?
Exclusions in Sec. 3
VCO vexatious, capricious, oppressive
Right to confront and cross-examine witnesses against him
Right to compulsory process
Right to testify in his own behalf subject to cross on matters
covered by the direct
Right to exempt from being compelled to be a witness
against himself
Modes of discovery in criminal cases
o Conditional examination: Rule 119 Secs. 12, 13, 15
Prosecution witnesses only in the court
where the action is pending
Accused witnesses before any judge,
member of the bar in good standing, if court
of superior jurisdiction orders an inferior
court
o Rule 23 DOES NOT APPLY

Rule 116
Arraignment
Information read to accused in a language known to him
Can there be belated arraignment?
Plea
Kinds
o Plea of guilt
To a lesser offense

Done at arraignment or after

arraignment but before trial
To a capital offense
Capital offense punishable by
death
Court must conduct searching
inquiry and hearing to require
prosec to prove guilt and precise
degree of culpability
Duty of the judge
o Make searching inquiry as
to voluntariness of the plea
and full comprehension of
the consequences
o Inquiry of the ENTIRE
process
(custodial
investigation,
etc.),
background of the accused,
explain the nature of the
offense,
attendant
circumstances (mitigating,
aggravating), nature of the
penalty
o This is done before the plea
To a non-capital offense
Court MAY receive evidence to
determine penalty
Improvident plea of guilt
Can be withdrawn any time before
judgment becomes final
Here, the accused does not fully
understand the consequences of the
offense
If this is the sole basis of conviction,
and it is with the SC/appellate court,
it will be set aside and the case will
be remanded

If there is other evidence, the

SC/appellate court will decide the
case
o Plea of not guilty
Direct plea of not guilty
Plea of guilty with exculpatory evidence
Refusal to plead
Conditional plea
Accused should be present to enter his plea personally
Suspension of arraignment
o Accused appears to be suffering from an unsound
mental condition
o Prejudicial question
o Petition for review of prosecutors resolution
pending with DOJ/OP, not exceeding 60 days
Bill of particulars
o Specify
the
alleged
defects
of
the
complaint/information and state details desired
o Any time before arraignment

16 February 2011
Rule 117
Motion to Quash
To quash the information for being defective
Distinction between motion to quash and provisional
dismissal
o Grant of motion to quash can result in the
amendment of the information if the defect can be
cured by amendment
o If ground is that the facts charged do not constitute
an offense, can still be amended
o Grant of motion to quash is not a bar to refiling a
case, except if based on prescription or double
jeopardy
o Provisional dismissal is not concerned with the
information, case is temporarily dismissed and can
be revived
o Provisional dismissal can be granted if prosecution
cannot produce witnesses

Provisional dismissal must be with express consent

of the accused and with notice to offended party
o If prosecution moves for provisional dismissal
without the consent of the accused, it becomes
permanent; any dismissal without the express
consent of the accused results in double jeopardy
o The accused can move for provisional dismissal
o After the grant of a motion to quash, you can file an
MR during the reglementary period; after lapse of
the period, you can refile except for the two grounds
o If grant of provisional dismissal of offense
punishable by imprisonment not exceeding 6 years,
becomes permanent 1 year after issuance of the
order; if exceeds 6 years, after 2 years after issuance
of the order
o Lacson period runs upon receipt of notice by the
PROSECUTOR, because the prosecutor is the one
who can revive the case; but rules say notice to
offended party
Grounds
o Facts charged do not constitute an offense
Look at the elements
o Officer who filed the information had no authority to
do so
o Lack of jurisdiction over the person of the accused
Accused has not yet voluntarily surrendered
or has not yet been arrested
o Info does not conform substantially to the prescribed
form
o More than one offense is charged
Rule is one offense, one information
Except: complex crime
Raped 5 times 5 informations
BP 22, 5 checks 5 informations
o Criminal liability has been extinguished
Prescription of the crime
o Contains averments which, if true, would constitute
a legal excuse or justification
Justifying or exempting circumstances
o

o Double Jeopardy
Double Jeopardy
o Requisites
Valid information
Court has jurisdiction
Valid plea
Acquittal, conviction, or dismissal without
the express consent of the accused
o Dismissal without the express consent of the accused
Failure to prosecute YES
o Dismissal upon motion for violation of right to ST
acquittal
o Dismissal upon demurrer to evidence by accused
acquittal
o Motion to determine probable cause filed in court
No DJ, no plea yet
o Exceptions to DJ:
Supervening facts
Facts constituting graver offense became
known only after plea
Plea of guilty to a lesser offense was made
without consent of the prosecutor AND of
offended party
Except plea of guilty to lesser
offense included in the offense
charged, which may be made before
prosecutor only when offended
party was notified but failed to
appear
Motion to dismiss v. Motion to quash
o In a MTD, court has free had to dismiss outright; in
MTQ, court will order amendment first in certain
grounds
o MTD can be refiled, except res judicata,
prescription, litis pendentia, claim has been paid,
unenforceable under statute of frauds; MTQ can be
refiled, except prescription and double jeopardy
o Failure to raise grounds in MTD are deemed waived,
except lack of jurisdiction, prescription, res judicata,

litis pendentia; in MTQ, waived except facts charged

do not constitute an offense, lack of jurisdiction over
offense, crim liability extinguished, DJ
Rule 118
Pre-Trial
Is there compromise or amicable settlement in criminal
cases?
o GR NO
o Offer of compromise is an implied admission of guilt
(see Evidence)
o JURISDICTIONR rules allow compromise in
Theft
BP 22
Criminal negligence
o You can compromise on the civil aspect
(JURISDICTIONR Rules)
This does not lead to the dismissal of the
criminal case
o Affidavit of desistance
Will not automatically lead to dismissal
Dismissal of case MAY be a consequence
If prosecution feels the case is weak, it can
move for dismissal
Will DJ attach in this case? IT
DEPENDS, was there a plea?
Can admissions of accused during pre-trial be taken against
him?
o If written, signed by accused AND counsel
Consequences of failure to appear
o Rules in civ pro not applicable
o If offended party is absent, can be subject to
compulsory process to be made to appear
o If accused fails to appear, forfeiture of bail and
warrant of arrest will issue
Forfeiture of bail
Process (Rule 114 Sec. 21)
Remedy - ????

Cancellation of bail
Voluntary upon surrender or death
of accused
Automatic
cancellation
upon
acquittal, dismissal, execution of
judgment of conviction
Pre-trial is mandatory
Preliminary conference before the COC

Rule 119
Trial
Order of presentation of evidence in criminal cases:
o Prosecution
o Defense
Order of trial can be reversed if accused admits charge but
interposes a lawful defense
Discharge of accused as a state witness
o Requisites:
Absolute necessity for his testimony
No other direct evidence available to the
prosecution
Testimony of accused can be substantially
corroborated in its material points
Said accused does not appear to be the most
guilty
Has not been convicted of any offense
involving moral turpitude
o Applied for any time before the prosecution rests its
case
o Witness Protection Program
Same requisites
But mode of application is different
You apply for this with the DOJ
Done before arraignment
Will DJ attach here? No, no plea yet.
o Demurrer to evidence
Compare with Rule 33

Here, done after the prosecution rests (after

formal offer)
Done with or without leave of court
If court denies demurrer with leave, accused
can still present evidence; if without leave
and denied, can no longer present evidence,
case submitted for judgment based on
evidence for prosecution
Denial in crim case is NOT subject to appeal
or certiorari

Rule 120
Judgment
Remedy of prosecution for acquittal: certiorari
o But you need the approval of the OSG
Promulgation
o GR accused must be present, or else he loses all
remedies available under the law
o EXC need not appear for light offenses
o Remedy file a motion for leave to avail of these
remedies within 15 days, appear before court and
state reasons for absence
o There is promulgation in the appellate courts in both
civ and crim; there is no promulgation of civ cases in
MTC/RTC
Modification of judgment
Risayo v. People the judge who penned the decision just
took over the case; still valid even if not judge who heard the
case
People v. Garalde even if different judge heard testimony,
judgment is not null and void
Rule 122
Appeals
No record of appeal in crim cases
DO NOT GO FROM RTC DIRECTLY TO SC
Lubriga v. People (Sec. 11) the accused who invoked Sec. 11
actually filed an appeal but it was dismissed on a

technicality; the other accused obtained a favorable

judgment; SC said cant use Sec. 11 because it only applies to
the non-appealing accused
Abandonment of Appeal
o When the accused jumps bail
o Escapes
o Fails to file an appellants brief

21 February 2011
Counsel de officio
GR: accused is given a choice to retain counsel de parte
If he cant afford, court will appoint counsel de officio for
arraignment
Today, if accused cant afford/indigent, case referred to PAO
Counsel de officio can be named by appellate court
o If accused signed his own appeal
o Cant afford
COC must inform counsel of this right
Can SC appoint? Yes, even if not in Rules
Rule 126
Searches and Seizures
Object of search should be described with particularity
No need for specific amount
Where to apply
o GR: Based on rule of territoriality
o EXC: Sec. 2
Is the application for a search warrant a criminal action?
o No, it is a special judicial process
Can it evolve into a criminal action?
Probable cause
o Search warrant
o Warrant of arrest
o Preliminary investigation
Who determines probable cause?
o Judge

Personal examination
Mere submission of affidavits are not
enough
Requisites
Motion to Quash v. Motion to Suppress
o MTQ no search yet
o MTS search has been made, but file before objects
seized are presented in evidence
Implementation of Search Warrant
o Present to lawful occupant
o Inventory
Drugs cases
o Inventory should be made at the scene of the crime
o What is important here is the chain of custody
Search as an incident of a lawful arrest
o

Rule 127
Evidence
Rule 128
Evidence is the means, sanctioned by these rules, of
ascertaining in a judicial proceeding the truth respecting a
matter of fact
MEMORIZE RULE 130 and 132
Three kinds of evidence
o Object
o Documentary
o Testimonial
All must pass through the rule on admissibility (Rule 128
Sec. 3)
o Relevancy + competence = admissibility
Direct v. Circumstantial
Positive v. Negative
Corroborative v. Cumulative
Primary v. Secondary
o Primary best evidence available to establish the
fact in issue

o Secondary
Physical evidence v. testimony of a number of witnesses,
which prevails?
o Physical evidence, because it speaks of what actually
happened
Exceptions to hearsay rule are not exclusive
How to destroy the exceptions destroy the requisites
Prima facie evidence v. disputable presumptions
Disputable v. conclusive
Degree of evidence
o Preponderance
o Beyond reasonable doubt
Application of rules on evidence
o GR: Rules of evidence apply uniformly in all courts
o EXC: except as otherwise provided for by law or
rules
no presumption of innocence in civil cases
character evidence
two witness rule in treason
o Do rules of evidence strictly apply in quasi-judicial
agencies?
Generally, no
Look at rules of procedure of that particular
agency
Usually there is a provision that says
that the rules on evidence are
suppletory
Sec. 4
o Relevance

Rule 129

Judicial Notice
o Mandatory
o Discretionary
Court cannot take judicial notice of rentals because it is a
factual matter
Discretionary

o
o

Unquestionable demonstration the result is the

same
Ex. effects of a specific amount of poison;
matters of science
Of public knowledge
Ought to be known to judges
Can judges take notice of cases pending in
other courts?

Sec. 3
o Hearing
Judicial admissions
o Made while the action is pending

Rule 130
Remember the test of admissibility
Object (Real) Evidence
o Presented to the court
o Photographs
Not necessary to present photographer
But show process of development
o Paraffin test no longer reliable
o Lie-detector is not reliable
o Demonstrative evidence
Maps, charts, graphs, sketches, etc.
o Demonstration

Documetary Evidence
o
Testimonial Evidence
28 February 2011
Documentary Evidence
Best Evidence Rule
When the subject of inquiry is the contents of a document,
the original thereof must be presented
What if you only want to establish the existence of a
document, do you have to present the original?

o No, a copy is sufficient

What is an original? (Rule 130 Sec. 4)
o One the contents of which are the subject of inquiry
Is the document made an original by this
mere fact? Ex. what if only a copy, but
contents are subject of the inquiry?
NOT an original
o When a document is in two or more copies executed
at or about the same time, with identical contents, all
such copies are equally regarded as originals
What do you mean by executed? Does it
cover formalities?
Depends on the form of the
document, if formalities (signing,
notarizing, etc.) are required for
validity, then it is part of the
execution of a document
What if Xerox copies are made but
all are signed originally? all are
originals
What if one signed then Xeroxed?
the others are copies
Execution by counterparts
o Signed in the Philippines,
copy sent to Hong Kong and
signed there, are they
originals?
YES, BUT must
stipulate
o When an entry is repeated in the regular course of
business, one being copied from another at or near
the time of the transaction, all the entries are
likewise equally regarded as originals
at or near
Do we talk of execution here? NO.
What is an entry?
Must be repeated in the regular
course of business
o Original documents must be authenticated

Exceptions to the best evidence rule

o When original has been lost or destroyed, or cannot
be produced in court, without bad faith on the part
of the offeror
Must lay the basis to establish the loss or
destruction in order to be able to present
secondary evidence
There must be reasonable diligence
Secondary evidence
Copy
Recital of its contents in some
authentic document
o Can a mere reproduction of
the substance be enough?
NO, must be a
verbatim copy
Testimony of witness
IN THE ORDER STATED
o When the original is in the custody or under the
control of the adverse party, and the latter fails to
produce it after reasonable notice
Requisites:
Prove existence of original
Prove that original is under the
custody or control of the adverse
party
Notice given to adverse party
Adverse party fails to produce
despite notice
Secondary evidence as in the case of loss
(copy, recital, testimony, in the order stated)
o When the original consists of numerous accounts or
other documents which cannot be examined in court
without great loss of time and the fact sought to be
established from them is only the general result of
the whole
Is the fact that it is voluminous enough?

No, the exception is not dictated by

the volume
All you are required to do is to
present a summary, because you are
only trying to establish the general
result
If the contents of all the documents
are the subject of inquiry, the
original must still be presented
o When the original is a public record in the custody of
a public officer or is recorded in a public office
Secondary evidence certified copy
A party who calls for the production of a document and
inspects the same is not obliged to offer it as evidence

Parol Evidence Rule

When the terms of an agreement have been reduced to
writing, it is considered as containing all the terms agreed
upon, and there can be, between the parties and their
successors-in-interest, no evidence of such terms other than
the contents of the written agreement
You are not allowed to present extraneous or parol evidence
Exceptions, must put in issue in the pleading the ff:
o Intrinsic ambiguity, mistake, or imperfection in the
written agreement
o Failure to express the true intent and agreement of
the parties
o Validity
This provision does contemplate that a void
contract will be made valid
What will happen is that a new agreement
will be executed
o Existence of other terms agreed to by the parties or
their successors in interest after the execution of the
written agreement
Wills are covered
Testimonial Evidence
Who is qualified to be a witness?

All persons who can perceive, and perceiving, can

make known their perception to others
o Slight mental retardation is not a disqualification
Disqualifications
o Mental incapacity or immaturity
Those whose mental condition, at the time
of their production for examination, is such
that they are incapable of intelligently
making known their perception to others
Presumption of sanity
o Execption:
placed
in
institution; publicly known
Children whose mental maturity is such as
to render them incapable of perceiving the
facts respecting which they are examined
and of relating them truthfully
Child Witness Rule
o There is a presumption that
a child is qualified
o Competency examination
Not dictated by the
age of the child;
party
challenging
competency
has
burden of proof to
show other grounds
Conducted by the
judge
o Who is a child witness
A victim, accused,
witness to a crime
Below 18
But in abuse cases
may be above 18
who is found by the
court as unable to
fully take care of
himself from abuse,
etc. because of a
o

physical or mental
disability
or
condition
o Support persons
o Leading questions allowed
but only judge asks upon
notice to other party
o Live-link TV
o Facilitator
o Interpreter
Disqualification by reason of marriage
Covers any matter
During the marriage
Does not survive after termination
of the marriage
Not applicable in:
o Civil case by one against the
other
o Criminal case committed by
one against the other or the
latters direct descendants
or ascendants
Dead Mans Statute
Covers only a claim or demand
against the estate of a deceased
person or person of unsound mind
Does this cover documentary
evidence involving the deceased or
insane person?
o NO.
Disqualification by reason of privileged
communication
Marital communications
Atty-client
o In the course of or with a
view
to
professional
employment

Covers secretary, clerk,

stenographer
o What
if
a
meeting
pertaining to details of
forming a corporation?
Covered
o Can you invoke privilege if
the client eventually sues
you for a contract?
No,
this
is
a
business
relationship
Doctor-patient
o In civil cases only; cant be
invoked in a criminal case
o Doctor of medicine, surgery,
obstetrics
o Is an optometrist bound by
the privilege?
No, not a doctor of
medicine
o Is a psychologist covered?
No.
o Psychiatrist?
Yes.
o Alternative medicine?
No.
o Iridologist?
No.
o Requisites:
Civil case
Doctor of medicine
Advice or treatment
or
information
acquired from a
patient
In a professional
capacity
o

Information
necessary to enable
him to act in that
capacity
And which would
blacken
the
reputation of the
patient

Priest-penitent
o In the course of the
discipline enjoined by the
church
to
which
the
minister or priest belongs
o It is not important that the
penitent belong to the same
religion (?)
Public officer
o Public officer in relation to
his public office
o Waivable?
This
should
be
determined by the
court
Executive Privilege
o Waivable by the president
Others
o Secrecy of bank deposits
o Trade secrets
o Who you voted for (unless
election dispute)
o Newsmans privilege
o Informant
Parental and filial privilege
o No
person
may
be
compelled to testify against
his parents, other direct
ascendants, children, or
other direct descendants
o Waivable? YES.

Is there agency in privileged

communication?
o NO. The moment that it is
heard by a third party, there
is no privilege.
o EXC. in atty-client, the
secretary,
clerk,
stenographer is covered
The privilege is waivable
Admissions and Confessions
o Admission an act, declaration, or omission of a
party as to a relevant fact may be given in evidence
against him.
o Confession an acknowledgment of criminal
liability
o Admission by a third party Res Inter Alios Acta
GR: admission of a third party cannot
prejudice a party
o Exceptions to Res Inter Alios Acta
Admission by co-partner or agent
Admission
made
during
the
existence of the relationship
Common interest
The relationship should have been
established by other evidence
Same rule applies to a joint owner,
joint debtor, or other person jointly
interested
Admission by a co-conspirator
Requisites:
o Common design
o During the existence of the
conspiracy
o Conspiracy established by
other evidence
NOTE: the Rules here do not extend
to cases already in court, because

there will be an opportunity to

cross-examine
Admission by privies
When one derives title from another
(privity)
Admission by latter, while holding
title
In relation to the property
o Offer of Compromise
Civil cases
Compromise may be made any time
during the proceedings
But not an admission of liability and
is not admissible
Criminal cases
Offer of compromise is an implied
admission of guilt
EXC. when compromise is expressly
allowed by law, offenses involving
criminal negligence
JURISDICTIONR Rule
Compromise in libel, theft, BP 22,
estafa, as to the civil liability
o Admission by silence
Within your presence and within the hearing
or observation
The declaration is such as to naturally call
for a reaction if not true
When proper and possible for him to do so
under the circumstances
Previous Conduct as Evidence
o Evidence that
Unaccepted offer
o An offer in writing to pay a sum of money, deliver a
written instrument or specific personal property, if
rejected without valid cause, is equivalent to actual
production and tender
Hearsay Rule and Exceptions

o
o
o

Personal knowledge able to perceive and make

know his perception to others
Independently relevant statement
The truthfulness of the statement is a
separate matter
Exceptions
Dying Declaration
Requisites:
o Declaration made by a dying
person
o Made
under
the
consciousness
of
an
impending death (declarant
must know that he is about
to die)
o May be received in any case
wherein his death is the
subject of inquiry
o As evidence of the cause and
surrounding circumstances
of such death
o Declarant is competent as a
witness
o Declarant should have died
If he survives, it
becomes part of the
res gestae (startling
occurrence
was
taking
place

believing he was
about to die)
o Recipient of the declaration
must be competent to testify
Extends to civil cases as well
What if there is an ante-mortem
statement was made, can this be
presented as evidence?
o Yes, its a memorandum
(Rule 132 Sec. 16)

Declaration against interest

Declaration made by a person who
is dead or unable to testify
Declaration against his own interest
Fact asserted was at the time it was
made so far contrary to the
declarants own interest that a
reasonable man in his position
would
not
have
made
the
declaration unless he believed it to
be true
Act or declaration about pedigree
Pedigree
Declarant is dead or unable to testify
In respect to the pedigree of a
another person related to him by
birth or marriage
Declaration occurred before the
controversy
Evidence of relationship is shown by
other evidence
Should the witness be related to the
declarant by birth or marriage?
o NO. It is the declarant who
must be related to the
person subject of the
pedigree issue.
Family Reputation or Tradition
Reputation as to pedigree
Must be previous to the controversy
Reputation in respect to the
pedigree of any one of its members
Witness testifying thereon be also a
member
of
the
family
by
consanguinity or affinity
Reputation how you are perceived
by others

Character who you really

are
Other things that may establish
pedigree: family bibles, other family
books or charts, engravings on
rings, family portraits, and the like
Common Reputation
Common
reputation
existing
previous to the controversy
Respecting facts of public or general
interest more than 30 years old
Or respecting marriage or moral
character
Other things that may be received as
evidence of common reputation:
monuments, inscriptions in public
places
If it borders on history, the court
can take judicial notice
Entries in the course of business
Entries were made at or near the
time of the transactions to which
they refer
Made by a person deceased or
unable to testify
Who was in a position to know the
facts stated therein
May be received as prima facie
evidence if such person made the
entries in his professional capacity,
or in the performance of duty, and
in the ordinary and regular course of
business
Entries in Official Records
Made by a public officer in the
performance of his duty
Or by a person in performance of a
duty specially enjoined by law
o

Prima facie evidence of the facts

stated therein
Commercial Lists and the like
Evidence of statements of matters of
interest to persons engaged in an
occupation
Contained in a list, register,
periodical, or other published
compilation
Used by the members of the
occupation and relied upon
Admissible as tending to prove the
truth of any relevant matter so
stated
Learned treatises
Published treatise, periodical, or
pamphlet
On a subject of history, law, science,
or art
Admissible as tending to prove the
truth of a matter stated therein
If court takes judicial notice
Or a witness expert in the subject
testifies that the writer is recognized
as an expert
Testimony or deposition at a former
proceeding
Testimony or deposition of a witness
who is dead or unable to testify
Given in a former case or
proceeding,
judicial
or
administrative
Involving the same parties and
subject matter
There must be an opportunity to
cross-examine
Part of the Res Gestae
First kind: Spontaneous statements

Statement made while a

startling occurrence taking
place or immediately prior
or subsequent thereto
o With
respect
to
the
circumstances thereof
o Facts of the case will
determine how startled the
person was; no fixed period
as to how long after the
statement was made; but it
must be immediately prior
to
Second
kind:
Statements
accompanying an equivocal act
o Statement
was
made
accompanying an equivocal
act
o Equivocal act was material
to the issue
o Statement gave the act legal
significance
o

Opinion Rule
o Only an expert can give an opinion on matters within
his special skill, knowledge, experience, training
No requirement that the person must be
educated
2 kinds of experts:
Expert who has personal knowledge
of the facts
o Ex. medico-legal officer
Expert who has no personal
knowledge
o Facts were hypothetically
presented to him
o Can an ordinary witness give an opinion?
GR: NO.
EXC:

Identity of a person about whom he

has adequate knowledge
Handwriting with which he has
sufficient familiarity
Mental sanity of a person with
whom he is sufficiently acquainted
Also as to his impressions of the
emotion, behavior, condition, or
appearance of a person

Character Evidence
o There is a distinction in criminal and civil cases in
the application of this rule
o In criminal cases
Only if there is a character trait in the
offense
charged
(ex.
violence
in
murder/homicide, honesty in theft/estafa,
sexual perversity of accused/chastity of
victim in rape
Offenses with no character traits those
covered by SPL (ex. BP22, illegal possession
of firearms, illegal possession of drugs)
The accused may prove his good moral
character which is pertinent to the moral
trait involved in the offense charged
Unless in rebuttal, the prosecution may not
prove the bad moral character of the accused
which is pertinent to the moral trait involved
in the offense charged
Rebuttal left to discretion of the
court
Good or bad moral character of the offended
party may be proved if it tends to establish
to any reasonable degree the probability or
improbability of the offense charged
o In civil cases
Admissible only when pertinent to the issue
of character involved in the case
Ex. issue of fraud, deceit

Evidence of the good character of a witness

is not admissible until such character has
been impeached

Burden of Proof and Presumptions (Rule 131)

Burden of Proof v. Burden of Evidence
o Burden of proof sticks with a party until the end
Ex. civ case for breach of contract with
damages, burden of proof starts with the
plaintiff and sticks with him until the end;
burden of proof of affirmative defense stays
with defendant
Crim case burden of establishing carnal
knowledge in rape stays with prosecution;
burden of proof that there was no rape stays
with accused
o Burden of evidence
Ex. Homicide case prosecution has burden
of proof to prove intent, accused has burden
of proof to prove alibi; initially, burden of
evidence for the prosecution is through
presentation of eyewitness, medico-legal
officer, circumstantial witness; after this
presentation, burden of evidence transfers to
the accused to prove that he was so far away
from the scene of the crime and that it was
impossible for him to be there, that he had a
companion who was with him all the time,
bus conductor of the bus they rode, clerk of
hotel where they stayed
Burden of evidence is the duty to present
evidence to overturn the other partys case
Conclusive v. Disputable Presumptions
o Conclusive presumptions cannot be disputed once
established
o Disputable presumptions stand as a presumption
until disputed
Conclusive presumptions

Estoppel in pais
Estoppel by deed
Deed here refers to a document
Very limited in application
Disputable presumptions
o Presumption of innocence
Applies only if you are an accused
o Presumption of regularity
Applies only when you are a public officer in
the performance of duty
o Filiation
What if born after 300 days?
See Rule 131 Sec. 4 no
presumption
o Absence
Republic v. Court of Appeals is the
determination of absence for purposes of
remarriage a special proceeding? NO.
It is covered by Summary
Proceedings in the Family Code
o Survivorship
Not for purposes of succession
Can be for insurance purposes, survivorship
agreements in bank accounts
o
o

Rule 132 Presentation of Evidence

Examination of Witnesses
Every witness should be placed on oath or affirmation
o Oath implores divine guidance
o Affirmation
It is the duty of the judge to receive evidence
Proceedings recorded by stenographic notes, stenotype,
other means of recording suitable to the court
o Tape recording only a secondary method
Types of questions you could ask a witness (Sec. 3)
o Can you ask a question that will lead to a civil claim
against the witness? YES.
o Can you ask degrading questions?

GR: NO.
EXC: unless it be to the very fact at issue or
to a fact from which the fact in issue would
be presumed
Ex. filiation case Are you not a bastard?
Direct examination
o Examination-in-chief of a witness by the party
presenting him on facts relevant to the issue
o Present evidence-in-chief of the witness (not the
theory of your case; evidence-in-chief is what your
witness will testify on)
Cross-examination
o Functions:
To impeach
To elicit all important facts bearing upon the
issue
o Ways to impeach a witness
Prior inconsistent statement
Character is immaterial here
General reputation for truth, honesty, or
integrity is bad
Re-direct examination
o Party may be re-examined to allow him to explain or
supplement answers during cross
Re-cross
Leading questions
o Allowed in:
Cross
Preliminary matters
Child of tender years, ignorant/feebleminded witness, deaf-mute witness
Unwilling or hostile witness (Sec. 12)
Adverse party witness
Memorandum
o 2 kinds:
Past recollection recorded
Here, the memorandum itself will
be the evidence

Present recollection revived

Here, the testimony is the evidence,
but
you
can
present
the
memorandum as evidence
Purpose of memorandum is to refresh

Authentication and Proof of Documents

Whether a document is public or private, it has to be
authenticated
Kinds of public documents:
o The written official acts, or records of the official acts
of the sovereign authority, official bodies and
tribunals, and public officers, whether of the
Philippines, or of a foreign country
o Documents acknowledged before a notary public,
EXCEPT last wills and testaments
o Public records, kept in the Philippines, of private
documents required by law to be entered therein
All other documents are private
Authentication of public documents
o Official record (Sec. 24)
certified true copy
If foreign country, certificate from consular
office
o Duly acknowledged document (Sec. 30)
Certificate of acknowledgement is prima
facie evidence of the execution of the
document
o Public record of private document (Sec. 27)
Original or certified true copy
Authentication of private document
o Genuineness of handwriting
o Someone who saw its execution
Ancient Document Rule no need to authenticate a
document which has been in existence for more than 30
years, is produced from a custody in which it would naturally
be found if genuine, and unblemished
Alterations

o You have to account for an alteration

Impugning judicial records
o Collusion, fraud, want of jurisdiction

Offer and Objection

Formal offer should be made, or no evidence will be
considered by the court
Offer of documentary evidence made after presentation of
testimonial evidence; offer of testimonial evidence made
before the presentation of the witness
Continuing objection objection of the same character on
the same ground after a grant or denial of an objection
o Court does not need to rule on a continuing
objection
Proffer of evidence
o Tender of excluded evidence (Sec. 133)
Rule 133 Weight and Sufficiency of Evidence
Circumstantial evidence
o Can be sufficient for conviction if:
There is more than one circumstance
The facts from which the inferences are
derived are proven
The combination of all the circumstances is
such as to produce a conviction beyond
reasonable doubt
Judge can stop the presentation of evidence (Sec. 6)
Special Proceedings
Jurisdiction of a Probate Court (De Villa v. Court of Appeals)
Limited jurisdiction
Determination of whether property should be included in
inventory is part of its limited jurisdiction
Conveyance of property by a decedent in his lifetime
All interested parties must be notified to cause the approval
of the conveyance

Who determines titles of property?

Probate court can pass upon questions of ownership to
determine if it will be part of the inventory
Such determination is only provisional; subject to final
decision in a separate action to determine ownership
Claims Against an Estate of a Partner
Where a partner has become insolvent, the claims against his
separate property will be satisfied in the following order:
o Separate creditors
o Partnership creditors
o Partners by way of contribution
When estate is liable (?)
GR: heirs bound
EXC: if not transmissible
But since the lease rentals accrued after death, estate not
liable
Should sale of real property be with the consent of the probate court?
Any disposition requires court approval
Any unauthorized disposition can be annulled by the probate
court without need of separate action
o Can the probate court execute its order nullifying or
annulling the sale?
YES.
This is a necessary adjunct of the probate
courts power to annul the sale
Rule 73 Venue and Process
Venue
o If resident of Philippines in the place where he last
resided at the time of his death
o Resident of foreign country but has property in the
Philippines in the place where the property is
located
Settlement of Estate of a person presumed dead

o
o

If later the person presumed dead is found to be

alive, he is entitled to the balance of his estate after
the payment of his debts
Balance may be recovered by motion in the same
case where he was declared presumptively dead

Rule 74
Extrajudicial Settlement of Estate
Requisites:
o No will
o No debts
o If there are minors, they are duly represented by
guardians ad litem
This could be done through:
o Public document
o Affidavit of self-adjudication
Only one heir, adjudicate entire estate in
your name
o Stipulation in a pending action for judicial partition
(see Rule 69)
Publication is required
Do you need a bond?
o YES, only for personal property
Can you still contest the distribution of the estate if you are
an omitted heir?
o YES, within 2 years from distribution
Rule 75, 76, 77
Allowance (probate) is conclusive as to due execution
No will shall pass real or personal property unless proved
and allowed
Duty of a custodian of a will
o Within a period of 20 days from knowledge of death
of testator:
Bring it to court with jurisdiction, or
Bring it to executor named in will
Probate during lifetime of testator v. after death

After death executor, administrator, heir, any

interested person applies for probate;
o Notice YES, to all if after death; YES, during
lifetime, but not to compulsory heirs (?)
No contest v. contested
o Notarial will one subscribing witness; three if
contested
o Holographic one who knows handwriting and
signature, or expert
Who may petition for allowance of will:
o Executor, devisee, interested party, testator during
lifetime
Lost or destroyed will
o You can present secondary evidence
o Establish
Existence
Fraudulently or accidentally lost or
destroyed
2 credible witnesses
Can a will proved outside of the Philippines be allowed here?
YES (Rule 77)
Probate cases cannot be subject of summary proceedings
Court will issue a certificate of allowance to prove probate of
will
o

Executors or administrators
Minor, non-resident, person unfit to execute duties of trust
by reason of drunkenness, etc., conviction of crime involving
moral turpitude cannot be executors or administrators
To whom letters of admin granted:
o Spouse or next of kin
o Principal creditors
o Persons court may select
Can petitions for admin be opposed? YES (Rule 79)
o Incompetency of person prayed for
o Contestants own right to be admin
o Competent person named in the opposition
Special Administrator

Only until general administrator or executor is

appointed
o Under control, supervision, and direction of the
court
o Appointed if there is delay in the appointment of an
executor or admin; including appeals on allowance
or disallowance of will
Letters of administration can be revoked (Rule 82)
o If will is discovered
o If admin absconds
o Admin fails to render account
o Insanity
o Unsuitable to discharge trust
Admin can resign
Can executor or admin have access over partnership books?
o YES, Rule 84 Sec. 1
o Does not extend to a corp because a corp continues
despite death of stockholder
o Failure to comply with court order is grounds to hold
the refusing partner in contempt
o

Rules 86, 87
Rule 86 claims against the estate
o Involves money judgment
o Court shall issue notice for all who have money
claims against the estate to file in the COC
o Period of not less than 6 mos. nor more than 12 mos.
from first date of publication of the notice
o All claims must be filed within the time limited,
otherwise barred forever
EXC: as counterclaim in any action that exec
or admin may bring
Rule 87 claims by or against exec or admin
o Any action involving recovery of property, damages
caused by deceased, all other claims that survive
o Where can you apply for recovery of properties
transferred in fraud of creditors?
Probate court

Exec or admin must do this

Creditors can if exec/admin refuses but
must give security and pay expenses

How are debts paid?

Time not exceed one year in the first instance, extendable
for 6mos.
Court can authorize sale, mortgage, encumbrance of real
property if:
o Personal property is not enough
o Sale of personal property injurious to estate
o (didnt get it)
There must always be an order of the court
No distribution unless the following are paid:
o (didnt get the list)
o Inheritance tax
Escheats
Solgen in behalf of Republic institutes this
File petition in court of place where deceased last resided or
property is found
Can be recovered within 5 years from the date of such
judgment
Republic v. CA
o Escheat is one of the incidents of sovereignty
o Who is an interested party?
Sec. 4
Can donee? YES.
Any person alleging to have a direct right or
interest is an interested party and may
appear to oppose escheat
o Effect of judgment in escheat
Conclusive against all persons with actual or
constructive notice if a valid judgment; but
not against those who are not parties or
privies thereto (?)
Guardianship

Venue where the minor or the incompetent resides, in the

Family Court
Who may petition for appointment?
o Relative? YES
o Friend? YES
o Minor? YES, if at least 14
Should a parent file a petition to be declared a legal
guardian?
o YES, if income of child exceeds 50k
Can guardian sell or encumber property? YES, for the ff:
o Property insufficient to maintain ward and family
o Education of ward
o Benefit of ward
Case
o Who should be appointed as guardian? Natural
mother or grandmother?
Grandmother alleges that mother is unfit,
but not proven
Law says natural parent has preference

Trustees
Appointed to carry out provisions of will or written
instrument
In the probate court
Adoption
What actions can you take to validate a supposed adoption?
o Correction or cancellation of entry of live birth
Where to fie? Parties?
Venue is place where entry was
made or recorded
Only civil registrar should be
impleaded
o But a case said that the
parents, even child must be
impleaded if it would affect
hereditary rights; implead
all interested parties

What if there are no parents to give consent?

Administrative certificate from DSWD
that child is neglected or abandoned
o After this, you can now adopt
What if adopter is a resident of a foreign country?
o Must be resident for at least 3 years
o 16 years age difference
o There are exceptions
o This is inter-country adoption
o

Habeas Corpus
What could be raised?
o Is simple disappearance enough? NO.
This is not the basis of habeas corpus
Remedy here is a criminal action
o Arrest and detention is the basis for habeas corpus
Detention and arrest is deemed illegal and unlawful
You can also apply if there is no more ground for detention
Also in DNA evidence Rule, post-conviction testing
Where to file?
o In RTC, CA, SC
There is also a writ of habeas corpus on custody of minors
o Not a regular habeas corpus
o Here there is pre-trial
Writ of Amparo
Can be instituted in RTC, CA, SC
Can be filed any time of the day or night
Extends to threatened acts to life, liberty, and security
Not limited only to person of victim or his family;
institutions can apply for this
Writ of Habeas Data
To secure documents
Change of Name
Republic v. Bolante reasons for change of name

When name is ridiculous, dishonorable, or extremely

hard to pronounce
o When change will avoid confusion
o When one has been continuously been used
o Surname causes embarrassment and change is not
for a fraudulent purpose
What if reason is to allow child to integrate in the Singapore
community?
o Can she drop the Filipino middle name for this
reason?
o NO.
o

Family Home
You NO LONGER need a judicial declaration for this
Appeals in Special Proceedings
Is there an appeal? YES.
MEMORIZE RULE 109
Appointment of special admin CANNOT BE SUBJECT OF
APPEAL
Record on appeal is the proper mode in special proceedings
(30 days)