Remedial Law

MUST READ CASES (REMEDIAL LAW)

CIVIL PROCEDURE
Panay Railways Inc., Vs. Heva Management And Development Corporation, Pamplona AgroIndustrial Corporation, And Spouses Candelaria Dayot And Edmundo Dayot, G. R. No.
154061, January 25, 2012)
Statutes and rules regulating the procedure of courts are considered applicable to actions pending
and unresolved at the time of their passage. Procedural laws and rules are retroactive in that
sense and to that extent. The effect of procedural statutes and rules on the rights of a litigant may
not preclude their retroactive application to pending actions. This retroactive application does not
violate any right of a person adversely affected. Neither is it constitutionally objectionable. The
reason is that, as a general rule, no vested right may attach to or arise from procedural laws and
rules. It has been held that "a person has no vested right in any particular remedy, and a litigant
cannot insist on the application to the trial of his case, whether civil or criminal, of any other than
the existing rules of procedure." More so when, as in this case, petitioner admits that it was not
able to pay the docket fees on time. Clearly, there were no substantive rights to speak of when
the RTC dismissed the Notice of Appeal.
SM Land, Inc. (Formerly Shoemart, Inc.) and Watsons Personal Care Store, Phils., Inc. Vs.
City of Manila, Liberty Toledo, in her official capacity as the City Treasurer of Manila, et al.
G.R. No. 197151. October 22, 2012
In fact, this Court has held that even if there was complete non-compliance with the rule on
certification against forum shopping, the Court may still proceed to decide the case on the merits,
pursuant to its inherent power to suspend its own rules on grounds, as stated above, of
substantial justice and apparent merit of the case.
Audi AG v. Mejia, G.R. No. 167533, July 27, 2007; De los Reyes v. People, G.R. No. 138297,
January 27, 2006
Hierarchy of courts meant that while the Supreme Court, the Court of Appeals and the Regional
Trial Courts have concurrent jurisdiction to issue original writs of certiorari, prohibition,
mandamus, quo warranto and habeas corpus, such concurrence does not accord litigants
unrestrained freedom of choice of court to which filing thereof may be directed. Petitions should
be filed with the court of lower level unless the importance of the issue involved deserves the
action of a higher court.
Omictin vs. Court of Appeals, G.R. No. 148004, January 22, 2007
The court cannot or will not determine a controversy involving a question which is within the
jurisdiction of an administrative tribunal prior to resolving the same, where the question demands
the exercise of sound administrative discretion requiring special knowledge, experience and
services in determining technical or intricate matters of fact.
Abad, et. al. v. RTC of Manila, et. al. G.R. No. L-65505, October 12, 1987
Jurisdiction, once it attaches, cannot be ousted by the happening of subsequent events even of
such character which should have prevented jurisdiction from attaching in the first instance. The
rule of adherence of jurisdiction (exists) until a cause is finally resolved or adjudicated.

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Fe V. Rapsing, Tita C. Villanueva and Annie F. Aparejado, represented by Edgar Aparejado

Vs. Hon. Judge Maximino R. Ables, of RTC-Branch 47, Masbate City; SSGT. Edison Rural,
et al. G.R. No. 171855. October 15, 2012
It is an elementary rule of procedural law that jurisdiction over the subject matter of the
case is conferred by law and is determined by the allegations of the complaint irrespective of
whether the plaintiff is entitled to recover upon all or some of the claims asserted therein. As a
necessary consequence, the jurisdiction of the court cannot be made to depend upon the defenses
set up in the answer or upon the motion to dismiss, for otherwise, the question of jurisdiction
would almost entirely depend upon the defendant. What determines the jurisdiction of the court
is the nature of the action pleaded as appearing from the allegations in the complaint. The
averments in the complaint and the character of the relief sought are the matters to be consulted.
Tijam v. Sibonghanoy, G.R. No. L-21450, April 15, 1968
A party may be barred from raising the defense of lack of jurisdiction or jurisdiction may be
waived on the ground of estoppel by laches. A party cannot invoke the jurisdiction of a court to
secure affirmative relief against his opponent and, after obtaining or failing to obtain such relief,
repudiate or question that same jurisdiction.
Concha v. Lumocso, G.R. No. 158121, December 12, 2007
In a number of cases, we have held that actions for reconveyance of, or for cancellation of title,
to or to quiet title over real property are actions that fall under the classification of cases that
involve "title to, or possession of, real property, or any interest therein."
Heirs of Telesforo Julao v. Spouses De Jesus, G.R. No. 176020, September 29, 2014
The assessed value must be alleged in the complaint to determine which court has jurisdiction
over the action. Jurisdiction is conferred by law and is determined by the allegations in the
complaint, which contains the concise statement of the ultimate facts of a plaintiffs cause of
action.
Flores v. Mallare-Philips, L-66620, September 24, 1986
Where there are several claims or causes of action between the same or different parties
embodied in the same complaint, the amount of the demand shall be the totality of the claims in
all causes of action, irrespective of whether the causes of action arose out of the same or different
transactions.
The causes of action in favor of two or more plaintiffs or against two or more defendants should
arise out of the same transaction or series of transactions and there should be a common question
of law or fact as provided in Sec. 6, Rule 3
SPOUSES TEODORO and ROSATIO SARAZA and FERNANDO SARAZA v.
WILLIAM FRANCISCO. G.R. No. 198718, November 27, 2013

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Although the end result of the respondents claim was the transfer of the subject property to his
name, the suit was still essentially for specific performance, a personal action, because it sought
Fernandos execution of a deed of absolute sale based on a contract which he had previously
made. Section 2, Rule 4 of the Rules of Court then governs the venue for the respondents action.
It provides that personal actions "may be commenced and tried where the plaintiff or any of the
principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or
in the case of a non-resident defendant where he may be found, at the election of the plaintiff."
Considering the respondents statement in his complaint that he resides in Imus, Cavite, the filing
of his case with the RTC of Imus was proper.
SURVIVING HEIRS OF ALFREDO R. BAUTISTA v. FRANCISCO LINDO AND
WELHILMINIA LINDO, et al. G.R. NO. 208232. MARCH 10, 2014
In determining whether an action is one the subject matter of which is not capable of pecuniary
estimation this Court has adopted the criterion of first ascertaining the nature of the principal
action or remedy sought. If it is primarily for the recovery of a sum of money, the claim is
considered capable of pecuniary estimation, and whether jurisdiction is in the municipal courts or
in the RTCs would depend on the amount of the claim. But where the basic issue is something
other than the right to recover a sum of money, where the money claim is purely incidental to, or
a consequence of, the principal relief sought, this Court has considered such actions as cases
where the subject of the litigation may not be estimated in terms of money, and, hence, are
incapable of pecuniary estimation. These cases are cognizable exclusively by RTCs.
LZK
HOLDINGS
AND
DEVELOPMENT
CORPORATION v.
DEVELOPMENT BANK. G.R. NO. 187973, January 20, 2014

PLANTERS

By its very nature, an ex parte petition for issuance of a writ of possession is a non-litigious
proceeding. It is a judicial proceeding for the enforcement of one's right of possession as
purchaser in a foreclosure sale. It is not an ordinary suit filed in court, by which one party sues
another for the enforcement of a wrong or protection of a right, or the prevention or redress of a
wrong.
Paglaum Management & Development Corp. And Health Marketing Technologies, Inc.,
Vs. Union Bank Of The Philippines, Notary Public John Doe, And Register Of Deeds Of
Cebu City And Cebu Province, $J. King & Sons Co., Inc. Intervenor, G.R. No. 179018,
June 18, 2012
Civil Case No. 01-1567, being an action for Annulment of Sale and Titles resulting from the
extrajudicial foreclosure by Union Bank of the mortgaged real properties, is classified as a real
action. In Fortune Motors v. Court of Appeals, this Court held that a case seeking to annul a
foreclosure of a real estate mortgage is a real action, viz: An action to annul a real estate
mortgage foreclosure sale is no different from an action to annul a private sale of real property.
(Muoz v. Llamas, 87 Phil. 737, 1950). While it is true that petitioner does not directly seek the
recovery of title or possession of the property in question, his action for annulment of sale and
his claim for damages are closely intertwined with the issue of ownership of the building which,
under the law, is considered immovable property, the recovery of which is petitioners primary
objective. The prevalent doctrine is that an action for the annulment or rescission of a sale of real

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property does not operate to efface the fundamental and prime objective and nature of the case,
which is to recover said real property. It is a real action.
Juana Complex I Homeowners Association, Inc., et al. vs. Fil-Estate Land, Inc., G.R. No.
152272, March 5, 2012
The test of sufficiency of facts alleged in the complaint as constituting a cause of action is
whether or not admitting the facts alleged, the court could render a valid verdict in accordance
with the prayer of said complaint. Stated differently, if the allegations in the complaint furnish
sufficient basis by which the complaint can be maintained, the same should not be dismissed
regardless of the defense that may be asserted by the defendant.
SPOUSES BILL AND VICTORIA HING v. ALEXANDER CHOACHUY, SR. and
ALLAN CHOACHUY. G.R. No. 179736, June 26, 2013.
The allegation of petitioners that they are not the owners of the subject property, thus making
them unable to remove the installed surveillance cameras on the corporations building, cannot
be upheld especially when the corporation who is managed by the family of petitioners. They
are thus considered parties-in-interest in the present case.
HEIRS OF FAUSTINO MESINA and GENOVEVA S. MESINA, rep. by NORMAN
MESINA v. HEIRS OF DOMINGO FIAN, SR., rep. by THERESA FIAN YRAY, et al.
G.R. No. 201816, April 8, 2013
The non-joinder of indispensable parties is not a ground for the dismissal of an action. At any
stage of a judicial proceeding and/or at such times as are just, parties may be added on the
motion of a party or on the initiative of the tribunal concerned. If the plaintiff refuses to implead
an indispensable party despite the order of the court, that court may dismiss the complaint for the
plaintiffs failure to comply with the order. The remedy is to implead the non-party claimed to be
indispensable.
Living @ Sense, Inc. vs. Malayan Insurance Company, Inc. G.R. No. 193753. September
26, 2012
The nature of the solidary obligation under the surety does not make one an indispensable party.
An indispensable party is a party-in-interest without whom no final determination can be had of
an action, and who shall be joined mandatorily either as plaintiffs or defendants. The presence of
indispensable parties is necessary to vest the court with jurisdiction, thus, without their presence
to a suit or proceeding, the judgment of a court cannot attain real finality. The absence of an
indispensable party renders all subsequent actions of the court null and void for want of authority
to act, not only as to the absent parties but even as to those present.
Theodore And Nancy Ang, Represented By Eldrige Marvin B. Ceron, Vs. Spouses Alan
And Em Ang, Respondents. G.R. No. 186993, August 22, 2012
Applying the foregoing rule, it is clear that Atty. Aceron is not a real party in interest in the case
below as he does not stand to be benefited or injured by any judgment therein. He was merely
appointed by the petitioners as their attorney-in-fact for the limited purpose of filing and
prosecuting the complaint against the respondents. Such appointment, however, does not mean

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that he is subrogated into the rights of petitioners and ought to be considered as a real party in
interest.
El Hogar Filipino v. Seva, No. 36627, November 19, 1932
Where said parcels are the objects of one and the same transaction, the venue is in the court
where ANY of the provinces (places) where a parcel of land is situated.
Mijares, et al. v. Piccio, et al., L-10458 April 22,1957
If parcels of land are subject of separate and distinct transactions where there is no common
venue, separate actions should be laid in the court of the province where each parcel of land is
situated
Polytrade Corp. v. Blanco, G.R. No. L-27033, 1969
In the absence of qualifying or restrictive words (e.g. only, solely, exclusively in this court, in no
other court save, particularly, nowhere else but/except) venue stipulation is merely permissive
and not exclusive which means that the stipulated venue is in addition to the venue provided for
in the rules
Calo v. Ajax, L-20865, March 13, 1968
A counterclaim, even if otherwise compulsory, but the amount exceeds the jurisdiction of the
inferior court, will only be considered permissive. Hence, the fact that it is not set-up in the
inferior court will not bar plaintiff from instituting a separate action to prosecute it.
UNION BANK OF THE PHILIPPINES vs. BIGNAY EX-IM PHILIPPINES, INC. G.R.
NO. 171590, February 12, 2014
Non-payment of docket fees on ones counterclaim is a jurisdictional defect. Anent the
counterclaims interposed by defendant for the collection of certain sum of money adverted
earlier hereof, this Court could not exercise jurisdiction over the same as defendant did not pay
the docket fees therefor. Although the counterclaims were denominated as compulsory in the
answer, the matters therein alleged were not connected with the plaintiffs complaint. The
counterclaims could stand independently from the plaintiffs complaint hence they are a sic
permissive counterclaims.
Georgia T. Estel, vs. Recaredo P. Diego, Sr. and Recaredo R. Diego, Jr., G.R. No. 174082,
January 16, 2012
Verification is deemed substantially complied with when, as in the instant case, one who has
ample knowledge to swear to the truth of the allegations in the complaint or petition signs the
verification, and when matters alleged in the petition have been made in good faith or are true
and correct.
Tantuico, Jr. v. Republic, G.R. No. 89114, December 2, 1991
Ultimate Facts are those important and substantial facts which form the basis of the primary right
of the plaintiff and which make up the wrongful acts or omissions of the defendant. They are the
principal, determinate, constitutive facts, upon the existence of which, the entire cause of action
rests.

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Sun Insurance Office, Ltd., v. Asuncion, G.R. Nos. 79937-38, February 13, 1989
Where the trial court acquires jurisdiction over a claim by the filing of the appropriate pleading
and payment of the prescribed filing fee but, subsequently, the judgment awards a claim not
specified in the pleading, or if specified, the same has been left for determination by the court,
the additional filing fee therefor shall constitute a lien on the judgment
Sps. Go v. Tong, G.R. 151942, Nov. 27, 2003
Plainly, while the payment of the prescribed docket fee is a jurisdictional requirement,
nonpayment of which at the time of filing does not automatically cause the dismissal of the case
for as long as the fee is paid within the applicable prescriptive or reglementary period; more so
when the party involved demonstrates a willingness to abide by the rules prescribing such
payment.
Re: In The Matter of Clarification of Exemption From Payment of All Court And Sheriff's
Fees of Cooperatives Duly Registered in Accordance with Republic Act No. 9520 Otherwise
Known as the Philippine Cooperative Code Of 2008, Perpetual Help Community
Cooperative (Phcci), A.M. No. 12-2-03-0 , March 13, 2012
With the foregoing categorical pronouncements of the Supreme Court (Supreme Court En Banc
Resolution in A.M. No. 08-2-01-0, which denied the petition of the GSIS for recognition of its
exemption from payment of legal fees imposed under Section 22 of Rule 141 of the Rules of
Court, 11 February 2010; Baguio Market Vendors Multi-Purpose Cooperative
(BAMARVEMPCO) v. Cabato-Cortes, 26 February 2010), it is evident that the exemption of
cooperatives from payment of court and sheriffs fees no longer stands. Cooperatives can no
longer invoke Republic Act No. 6938, as amended by Republic Act No. 9520, as basis for
exemption from the payment of legal fees.
Rosario v. Carangdang, G.R. No. L-7076, April 28, 1955
If the purpose of the amendment is to confer jurisdiction upon the court then the court cannot
admit the amended complaint. Not having acquired jurisdiction over the case by the filing of the
original complaint, the lower court has neither the power nor the jurisdiction to act on the motion
for the admission of the amended complaint, much less to allow such amendment, since it is
elementary that the court must first acquire jurisdiction over the case in order to act validly
therein.
Surigao Mine Exploration Co. v. Harris, G.R. No. L-45543, May 17, 1939
The cause of action must exist at the time the action was begun, and the plaintiff will not be
allowed by an amendment to introduce a cause of action which had no existence when the action
was commenced.
OAMINAL v. CASTILLO, G.R. No. 152776, October 8, 2003
The filing of Motions seeking affirmative relief -- to admit answer, for additional time to file
answer, for reconsideration of a default judgment, and to lift order of default with motion for
reconsideration -- are considered voluntary submission to the jurisdiction of the court. Having

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invoked the trial courts jurisdiction to secure affirmative relief, respondents cannot -- after failing
to obtain the relief prayed for -- repudiate the very same authority they have invoked
REINIER PACIFIC INTERNATIONAL SHIPPING, INC. and NEPTUNE SHIP
MANAGEMENT SVCS, PTE., LTD. v. CAPTAIN FRANCISCO B.GUEVARRA. G.R.
No. 157020, June 19, 2013.
The clarification provided in A.M. 00-2-14-SC actually covers a situation where the due date
falls on a Saturday, Sunday, or holiday. Precisely, what such clarification wanted to address is
the erroneous claim that "the period of extension" in such a case "is to be reckoned from the next
working day and not from the original expiration of the period." The correct rule, according to
the clarification, is that "any extension of time to file the required pleading should x x x be
counted from the expiration of the period regardless of the fact that said due date is a Saturday,
Sunday or legal holiday."
SPOUSES BENEDICT and SANDRA MANUE vs. RAMON ONG G.R. No. 205249,
October 15, 2014
Personal service of summons has nothing to do with the location where summons is
served. A defendants address is inconsequential. Rule 14, Section 6 of the 1997 Rules of Civil
Procedure is clear in what it requires: personally handing the summons to the defendant. What is
determinative of the validity of personal service is, therefore, the person of the defendant, not the
locus of service.

Planters Development Bank, Vs. Julie Chandumal, G.R. No. 19561905 September 2012
In this case, the sheriff resorted to substituted service of summons due to his failure to serve it
personally. In Manotoc v. Court of Appeals, the Court detailed the requisites for a valid
substituted service of summons, summed up as follows: (1) impossibility of prompt personal
service the party relying on substituted service or the sheriff must show that the defendant
cannot be served promptly or there is impossibility of prompt service; (2) specific details in the
return the sheriff must describe in the Return of Summons the facts and circumstances
surrounding the attempted personal service; (3) a person of suitable age and discretion the
sheriff must determine if the person found in the alleged dwelling or residence of defendant is of
legal age, what the recipients relationship with the defendant is, and whether said person
comprehends the significance of the receipt of the summons and his duty to immediately deliver
it to the defendant or at least notify the defendant of said receipt of summons, which matters
must be clearly and specifically described in the Return of Summons; and (4) a competent person
in charge, who must have sufficient knowledge to understand the obligation of the defendant in
the summons, its importance, and the prejudicial effects arising from inaction on the summons.
GEORGE PIDLIP P. PALILEO and JOSE DE LA CRUZ vs. PLANTERS
DEVELOPMENT BANK G.R. No. 193650, October 8, 2014
The service and filing of pleadings by courier service, as made by the respondent to the
petitioners, is a mode not provided in the Rules. Realizing its mistake, PDB re-filed and re-sent

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the omnibus motion by registered mail, which is the proper mode of service under the
circumstances. By then, however, the 15-day period had expired. PDBs Notice of Appeal, which
was filed only on September 7, 2006, was tardy; it had only up to August 1, 2006 within which
to file the same. The trial court therefore acted regularly in denying PDBs notice of appeal.
Heirs of Dr. Mariano Favis, Sr., represented by their co-heirs and attorneys-in-fact,
Mercedes A. Favis and Nelly Favis-Villafuente v. Juana Gonzales, her son Mariano Favis,
all minors represented herein by their parents, Sps. Mariano Favis and Larcelita D.
Favis,G.R. No. 185922, January 15, 2014
Significantly, the Rule requires that such a motion should be filed within the time for but before
filing the answer to the complaint or pleading asserting a claim. The time frame indicates that
thereafter, the motion to dismiss based on the absence of the condition precedent is barred. It is
so inferable from the opening sentence of Section 1 of Rule 9 stating that defense and objections
not pleaded either in a motion to dismiss or in the answer are deemed waived. There are, as just
noted, only four exceptions to this Rule, namely, lack of jurisdiction over the subject matter;
litis pendentia; res judicata; and prescription of action. Failure to allege in the complaint that
earnest efforts at a compromise has been made but had failed is not one of the exceptions.
Go v. Cruz, et al., G.R. No. 58986, April 17, 1983
What causes the loss by a plaintiff of the right to effect dismissal of the action by mere notice is
not the filing of the defendants answer with the court but the service on the plaintiff of said
answer or of a motion for summary judgment. Where the plaintiff filed the notice of dismissal of
his action in the court after the filing of defendants answer but before service thereof, the
plaintiffs notice to that effect ipso facto brought about the dismissal of the pending action
without need of any order from the trial court
VIRGINIA S. DIO and H.S. EQUITIES, LTD vs. SUBIC BAY MARINE
EXPLORATORIUM, INC., represented by its Chairman and Chief Executive Officer,
TIMOTHY DESMOND G.R. No. 189532, June 11, 2014
Petitioners filed counterclaim against respondents. However, the latter alleged that the
dismissal of the main action results to the dismissal of the counterclaims. The Court ruled that as
the rule now stands, the nature of the counterclaim notwithstanding, the dismissal of the
complaint does not ipso jure result in the dismissal of the counterclaim, and the latter may
remain for independent adjudication of the court, provided that such counterclaim, states a
sufficient cause of action and does not labor under any infirmity that may warrant its outright
dismissal. Stated differently, the jurisdiction of the court over the counterclaim that appears to be
valid on its face, including the grant of any relief thereunder, is not abated by the dismissal of the
main action. The courts authority to proceed with the disposition of the counterclaim
independent of the main action is premised on the fact that the counterclaim, on its own, raises a
novel question which may be aptly adjudicated by the court based on its own merits and
evidentiary support.
Natividad Lim vs. National Power Corporation, Sps. Roberto Ll. Arcinue and Arabela
Arcinue, G.R. No. 178789. November 14, 2012

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Lim points out that an answer-in-intervention cannot give rise to default since the filing of such
an answer is only permissive. But Section 4, Rule 19 of the 1997 Rules of Civil Procedure
requires the original parties to file an answer to the complaint-in-intervention within 15 days
from notice of the order admitting the same, unless a different period is fixed by the court. This
changes the procedure under the former rule where such an answer was regarded as optional.
Thus, Lims failure to file the required answer can give rise to default.
B. STA. RITA & CO., INC. AND ARLENE STA. RITA KANAPI v. ANGELINE M.
GUECO. G.R. No.193078, August 28, 2013
Persons who are not parties to a case, either as petitioners, defendants or intervenors, they cannot
participate in the proceedings of the same. Consequently, they also cannot be adversely affected
by the outcome of such proceeding. A complaint-in-intervention cannot be treated as an
independent action as it is merely an ancillary to and a supplement of the principal action. The
complaint-in-intervention essentially latches on the complaint for its legal efficacy so much so
that the dismissal of the complaint leads to its concomitant dismissal.
Eloisa Merchandising, Inc. And Trebel International, Inc., Vs. Banco De Oro Universal Bank
And Engracio M. Escasinas, Jr., In His Capacity As Ex-Officio Sheriff Of The Rtc Of Makati
City, G.R. No. 192716, June 13, 2012
While under the present Rules, it is now the duty of the clerk of court to set the case for pre-trial
if the plaintiff fails to do so within the prescribed period, this does not relieve the plaintiff of his
own duty to prosecute the case diligently. This case had been at the pre-trial stage for more than
two years and petitioners have not shown special circumstances or compelling reasons to
convince us that the dismissal of their complaint for failure to prosecute was unjustified.
Republic vs. Sandiganbayan, G.R. No. 112710, May 30, 2001
Deposition is a written testimony of a witness given in the course of a judicial proceeding in
advance of the trial or hearing upon oral examination or in response to written interrogatories
and where an opportunity is given for cross-examination.
EAGLE RIDGE DEVELOPMENT CORPORATION, MARCELO N. NAVAL and
CRISPIN I. OBEN vs. CAMERON GRANVILLE 3 ASSET MANAGEMENT, INC. G.R.
No. 204700, November 24, 2014
Cameron Granville filed a motion for reconsideration of the Courts April 10, 2013
decision. Cameron Granville posited that the motion for production was filed out of time and that
the rule on parole evidence is applicable. However, the Court ruled that the availment of a
motion for production, as one of the modes of discovery, is not limited to the pre-trial stage. Rule
27 does not provide for any time frame within which the discovery mode of production or
inspection of documents can be utilized. The rule only requires leave of court "upon due
application and a showing of due cause."
Nenita Gonzales, Et. Al. Vs. Mariano Bugaay And Lucy Bugaay, G.R. No. 173008,
February 22, 2012

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In passing upon the sufficiency of the evidence raised in a demurrer, the court is merely required
to ascertain whether there is competent or sufficient proof to sustain the judgment. Being
considered a motion to dismiss, thus, a demurrer to evidence must clearly be filed before the
court renders its judgment. Accordingly, the CA committed reversible error in granting the
demurrer and dismissing the Amended Complaint a quo for insufficiency of evidence. The
demurrer to evidence was clearly no longer an available remedy to respondents and should not
have been granted, as the RTC had correctly done.
TEOFILO B. ADOLFO vs. FE T. ADOLFO G.R. No. 201427, March 18, 2015
Judgment on the pleadings is proper where an answer fails to tender an issue, or
otherwise admits the material allegations of the adverse partys pleading. An answer would fail
to tender an issue if it does not deny the material allegations in the complaint or admits said
material allegations of the adverse partys pleadings by confessing the truthfulness thereof and/or
omitting to deal with them at all. Now, if an answer does in fact specifically deny the material
averments of the complaint and/or asserts affirmative defenses (allegations of new matter which,
while admitting the material allegations of the complaint expressly or impliedly, would
nevertheless prevent or bar recovery by the plaintiff), a judgment on the pleadings would
naturally be improper.
Spouses Ramon Villuga And Mercedita Villuga, Vs. Kelly Hardware And Construction
Supply Inc., Represented By Ernesto V. Yu, Executive Vice-President And General
Manager, G.R. No. 176570, July 18, 2012
A summary judgment is permitted only if there is no genuine issue as to any material fact and a
moving party is entitled to a judgment as a matter of law. A summary judgment is proper if,
while the pleadings on their face appear to raise issues, the affidavits, depositions, and
admissions presented by the moving party show that such issues are not genuine.
Philippine Business Bank vs. Chua, 15 November 2010
A partial summary judgment as a rule is not appealable sepearately from the judgment in the
entire case, unless allowed by the court under Sec.1(f) Rule 41. Hence, the failure to appeal
separately from a partial summary judgment or to challenge it by a special civil action for
certiorari does not make the same final and executory.
PEOPLE OF THE PHILIPPINES v. ANDY ZULIETA a.k.a. "Bogarts," G.R. No. 192183,
November 11, 2013. GRECO ANTONIOUS BEDA B. BELGICA v. HONORABLE
EXECUTIVE SECRETARY PAQUITO N. OCHOA JR. G.R. No. 208566, November 19,
2013
The focal point of res judicata is the judgment. The principle states that a judgment on the merits
in a previous case rendered by a court of competent jurisdiction would bind a subsequent case if,
between the first and second actions, there exists an identity of parties, of subject matter, and of
causes of action. On the other hand, the focal point of stare decisis is the doctrine created. The
principle, entrenched under Article 8 of the Civil Code, evokes the general rule that, for the sake
of certainty, a conclusion reached in one case should be doctrinally applied to those that follow if

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the facts are substantially the same, even though the parties may be different. It proceeds from
the first principle of justice that, absent any powerful countervailing considerations, like cases
ought to be decided alike.
CECILIA PAGADUAN vs. CIVIL SERVICE COMMISSION et al G.R. No. 206379,
November 19, 2014
The principle of res judicata is applicable either by way of "bar by prior judgment" or by
"conclusiveness of judgment." Here, Salvador's defense was res judicata by conclusiveness of
judgment. Contrary to Salvador's contention , however, there appears to be no identity of issues
and facts in the two administrative cases. The first case involved facts necessary to resolve the
issue of whether or not Salvador falsified her PDS. The second one involved facts necessary to
resolve the issue of whether or not Salvador was convicted of a crime involving moral turpitude.
Falsification was the main issue in the first case, while it was no longer an issue in the second
case. The only fact to consider in the second administrative complaint is the fact of conviction of
a crime involving moral turpitude. It must be borne in mind that both administrative complaints
were based on different grounds. The grounds were separate and distinct from each other and
entailed different sets of facts.
LZK Holdings and Development Corporation v. Planters Development Bank, G.R. No.
187973, January 20, 2014
All the elements of the doctrine are present in this case. The final judgment in G.R. No. 167998
was rendered by the Court pursuant to its jurisdiction over the review of decisions and rulings of
the CA. It was a judgment on the merits of Planters Banks right to apply for and be issued a writ
of possession. Lastly, the parties in G.R. No. 167998 are the same parties involved in the present
case.
Neypes v. CA, GR 141524, September 14, 2005
The aggrieved party has a fresh period of 15 days from the denial of motion for
reconsideration or new trial within which to file his appeal. This applies to Rules 40, 41, 42, 43
and 45.
Yu v. Samson Tatad, G.R. No. 170979, February 9, 2011
While Neypes involved the period to appeal in civil cases, the Courts pronouncement of a fresh
period to appeal should equally apply to the period for appeal in criminal cases under Section 6
of Rule 122 of the Revised Rules of Criminal Procedure. First, BP 129, as amended, the
substantive law on which the Rules of Court is based, makes no distinction between the periods
to appeal in a civil case and in a criminal case. Section 39 of BP 129 categorically states that
[t]he period for appeal from final orders, resolutions, awards, judgments, or decisions of any
court in all cases shall be fifteen (15) days counted from the notice of the final order, resolution,
award, judgment, or decision appealed from. Ubi lex non distinguit nec nos distinguere debemos.
When the law makes no distinction, we (this Court) also ought not to recognize any distinction.
SAN LORENZO RUIZ BUILDERS AND DEVELOPERS GROUP, INC. AND OSCAR
VIOLAGO, PETITIONERS, vs. MA. CRISTINA F. BAYANG G.R. No. 194702, April 20,
2015

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It is settled that the fresh period rule in Neypes applies only to judicial appeals and not to
administrative appeals. The fresh period rule shall apply to Rule 40 (appeals from the
Municipal Trial Courts to the Regional Trial Courts); Rule 41 (appeals from the Regional Trial
Courts to the Court of Appeals or Supreme Court); Rule 42 (appeals from the Regional Trial
Courts to the Court of Appeals); Rule 43 (appeals from quasi-judicial agencies to the Court of
Appeals); and Rule 45 (appeals by certiorari to the Supreme Court). Obviously, these Rules
cover judicial proceedings under the 1997 Rules of Civil Procedure.
Fortune Life Insurance Co., Inc. v. COA, G.R. No. 213525, January 27, 2015
The reglementary periods under Rule 42 and Rule 64 are different. In the former, the aggrieved
party is allowed 15 days to file the petition for review from receipt of the assailed decision or
final order, or from receipt of the denial of a motion for new trial or reconsideration. In the latter,
the petition is filed within 30 days from notice of the judgment or final order or resolution sought
to be reviewed. The filing of a motion for new trial or reconsideration, if allowed under the
procedural rules of the Commission concerned, interrupts the period; hence, should the motion
be denied, the aggrieved party may file the petition within the remaining period, which shall not
be less than five days in any event, reckoned from the notice of denial. We ruled in Pates v.
Commission on Elections that the belated filing of the petition for certiorari under Rule 64 on the
belief that the fresh period rule should apply was fatal to the recourse. As such, the petitioner
herein should suffer the same fate for having wrongly assumed that the fresh period rule under
Neypes applied.
GREGORIO DE LEON, DOING BUSINESS AS G.D.L. MARKETING vs. HERCULES
AGRO INDUSTRIAL CORPORATION AND/OR JESUS CHUA AND RUMI RUNGIS
MILK G.R. No. 183239, June 02, 2014
The CA correctly ordered that De Leon's appellant's brief be stricken off the records. De Leons
motion for time praying for an additional 10 days to file his motion for partial reconsideration is
validly denied by the RTC, since such motion is a transgression of the mandatory prohibition on
the filing of a motion for extension to file a motion for reconsideration. Doctrinally-entrenched is
that the right to appeal is a statutory right and the one who seeks to avail that right must comply
with the statute or rules. The perfection of appeal in the manner and within the period set by law
is not only mandatory but jurisdictional as well, hence, failure to perfect the same renders the
judgment final and executory.
Priscilla Alma Jose, Vs. Ramon C. Javellana, Et Al., G.R. No. 158239
The remedy against an interlocutory order not subject of an appeal is an appropriate special
civil action under Rule 65, provided that the interlocutory order is rendered without or in excess
of jurisdiction or with grave abuse of discretion. Then is certiorari under Rule 65 allowed to be
resorted to.
Casupanan vs. Laroya, G.R. No. 145391, 26 August 2002

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A dismissal for forum-shopping under Sec. 5 Rule 7 is without prejudice unless otherwise stated
in the dismissal order. Under Sec. 1 Rule 41, no appeal lies from an order dismissing a case
without prejudice and hence a party may file an appropriate civil action under Rule 65.
LIGHT RAIL TRANSIT AUTHORITY, represented by its Administrator MELQUIADES
A. ROBLES vs. AURORA A. SALVAA G.R. No. 192074, June 10, 2014
The present rule is that a government party is a "party adversely affected" for purposes of
appeal provided that the government party that has a right to appeal must be the office or agency
prosecuting the case. The grant of the right to appeal in administrative cases is not new. In
Republic Act No. 2260 or the Civil Service Law of 1959, appeals "by the respondent" were
allowed on "the decision of the Commissioner of Civil Service rendered in an administrative
case involving discipline of subordinate officers and employees." Thus, LRTA had standing to
appeal the modification by the Civil Service Commission of its decision.
Perez v. Ombudsman, GR. No. 131445, May 27, 2004
Appeals from the decision of the Office of the Ombudsman in administrative disciplinary cases
are no longer appealable to the SC but to the CA via a petition for review (Rule 43) (Fabian v.
Desierto, GR. No. 129742, Sept. 16, 1998). However, the remedy of an aggrieved party from a
decision or order of the Office of the Ombudsman in a criminal case is to file a petition for
certiorari before the SC.
JULIET VITUG MADARANG and ROMEO BARTOLOME, represented by his
attorneys-in-fact and acting in their personal capacities, RODOLFO and RUBY
BARTOLOME vs. SPOUSES JESUS D. MORALES and CAROLINA N. MORALES G.R.
No. 199283, June 9, 2014
A petition for relief from judgment must be filed within 60 days after petitioner learns of
the judgment, final order, or proceeding and within six (6) months from entry of judgment or
final order. The double period required under Section 3, Rule 38 is jurisdictional and should be
strictly complied with. A petition for relief of judgment filed beyond the reglementary period is
dismissed outright. Under Section 1, Rule 38 of the 1997 Rules of Civil Procedure, a petition for
relief from judgment may be filed on the ground of fraud, accident, mistake, or excusable
negligence. A motion for reconsideration is required before a petition for certiorari is filed to
grant the court which rendered the assailed judgment or order an opportunity to correct any
actual or perceived error attributed to it by the re-examination of the legal and factual
circumstances of the case. In this case, petitioners had until July 9, 2010 to file a notice of
appeal, considering that their former counsel received a copy of the order denying their motion
for reconsideration of the trial courts decision on June 24, 2010. Since petitioners filed their
notice of appeal only on August 11, 2010, the trial court correctly denied the notice of appeal for
having been filed out of time. Even if we assume that petitioners filed their petition for relief
from judgment within the reglementary period, petitioners failed to prove that their former
counsels failure to file a timely notice of appeal was due to a mistake or excusable negligence.
Dare Adventure Farm Corporation Vs. Spouses Felix and Nenita Ng, Spouses Martin and
Azucena Ng and Agripina R. Goc-ong, et al. G.R. No. 161122. September 24, 2012

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A petition for annulment of judgment is a remedy in equity so exceptional in nature that it may
be availed of only when other remedies are wanting, and only if the judgment, final order or final
resolution sought to be annulled was rendered by a court lacking jurisdiction or through extrinsic
fraud. Yet, the remedy, being exceptional in character, is not allowed to be so easily and readily
abused by parties aggrieved by the final judgments, orders or resolutions.
Leticia Diona, rep. by her attorney-in-fact, Marcelina Diona Vs. Romeo A. Balangue, Sonny
A. Balangue, Reynaldo A. Balangue, and Esteban A. Balangue, Jr. G.R. No. 173559. January
7, 2013
While under Section 2, Rule 47 of the Rules of Court a Petition for Annulment of Judgment may
be based only on the grounds of extrinsic fraud and lack of jurisdiction, jurisprudence
recognizes lack of due process as additional ground to annul a judgment. In Arcelona v.
Court of Appeals, this Court declared that a final and executory judgment may still be set aside
if, upon mere inspection thereof, its patent nullity can be shown for having been issued without
jurisdiction or for lack of due process of law.
HEIRS OF RETERTA VS MORES & LOPEZ, G.R. No. 159941, August 17, 2011
The concept of final judgment, as distinguished from one which has become final (or
executory as of right [final and executory]), is definite and settled. A final judgment or order
is one that finally disposes of a case, leaving nothing more to be done by the Court in respect
thereto, e.g., an adjudication on the merits which, on the basis of the evidence presented at the
trial declares categorically what the rights and obligations of the parties are and which party is in
the right; or a judgment or order that dismisses an action on the ground, for instance, of res
judicata or prescription. Once rendered, the task of the Court is ended, as far as deciding the
controversy or determining the rights and liabilities of the litigants is concerned. Nothing more
remains to be done by the Court except to await the parties next move (which among others,
may consist of the filing of a motion for new trial or reconsideration, or the taking of an appeal),
this is what is referred to as the final judgment for purposes of appeal.
Ultimately, of course, to cause the execution of the judgment once it becomes final or, to use
the established and more distinctive term, final and executory.
MAGDALENA T. VILLASI v. FILOMENO GARCIA G.R. NO. 190106, January 15, 2014
Indeed, the power of the court in executing judgments extends only to properties unquestionably
belonging to the judgment debtor alone. An execution can be issued only against a party and not
against one who did not have his day in court. The right of a third-party claimant to file a terceria
is founded on his title or right of possession. Corollary thereto, before the court can exercise its
supervisory power to direct the release of the property mistakenly levied and the restoration
thereof to its rightful owner, the claimant must first unmistakably establish his ownership or right
of possession thereon. However, the Spouses Garcia failed to prove that they have a bona fide
title to the building as they were unable to present credible evidence to prove their ownership.
All that the Spouses raised were their postulation as title holders of the land and the presumption
of ownership over improvements built thereon; whereas Villasi, on the other hand, was able to
show documentary proof of ownership.

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Department of Environment and Natural Resources v. United Planners Consultants, Inc.,

G.R. No. 212081, February 23, 2015
Execution is fittingly called the fruit and end of suit and the life of the law. A judgment, if left
unexecuted, would be nothing but an empty victory for the prevailing party. While it appears that
the Special ADR Rules remain silent on the procedure for the execution of a confirmed arbitral
award, it is the Court's considered view that the Rules' procedural mechanisms cover not only
aspects of confirmation but necessarily extend to a confirmed award's execution in light of the
doctrine of necessary implication which states that every statutory grant of power, right or
privilege is deemed to include all incidental power, right or privilege.
CORONA INTERNATIONAL VS CA, G.R. No. 127851. October 18, 2000
In upholding the disallowance of the execution pending appeal ordered by the trial court, albeit
on different grounds, we are guided by the rule that execution pending appeal must be strictly
construed being an exception to the general rule. So, too, execution pending appeal is not to be
availed of and applied routinely, but only in extraordinary circumstances. Here, with the alleged
collapse of petitioner's business operations rendered doubtful, we find no good reason to order
execution pending appeal.
INFANTE VS. ARAN BUILDERS, INC., G.R. NO.156596, 24 AUGUST 2007
If the action affects title to or possession of real property or any interest therein, the action for
revival must be filed with the court having jurisdiction over the place where the real property or
any portion thereof is situated. Otherwise, the action for revival of judgment is a personal action
wherein the venue lies with the residence of either the plaintiff or defendant, at the option of the
plaintiff.
VILLARIN VS MUNASQUE, G.R. No. 169444, September 17, 2008
Based on the foregoing, the sheriff is required to first demand of the judgment obligor the
immediate payment of the full amount stated in the writ of execution before a levy can be made.
The sheriff shall demand such payment either in cash, certified bank check or any other mode of
payment acceptable to the judgment obligee. If the judgment obligor cannot pay by these
methods immediately or at once, he can exercise his option to choose which of his properties can
be levied upon. If he does not exercise this option immediately or when he is absent or cannot be
located, he waives such right, and the sheriff can now first levy his personal properties, if any,
and then the real properties if the personal properties are insufficient to answer for the judgment.
CALUAG VS PECSON, October 29, 1948, G.R. No. L-1403
Judgment for Specific acts pertains to a judgment directs a party to execute a conveyance of land
or to deliver deeds or other documents or to perform any specific act which may be performed by
some other person, or in some other way provided by law with the same effect, as in the present
case, section 10, and not said section 9 of Rule 39 applies; and under the provision of said
section 10, the court may direct the act to be done at the cost of the disobedient party, by some
other person appointed or designated by the court, and the act when so done shall have like effect
as if done by the party himself.

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SPOUSES VERSOLA VS. CA, G.R. NO. 164740,31 JULY 2006

It is not sufficient that the person claiming exemption merely alleges that such property is a
family home. This claim for exemption must be set and proved to the sheriff. Failure to do so
would estop the party from later claiming the exemption.
CHING vs. CA, G.R. NO. 124642, FEBRUARY 23, 2004)
Upon application of the third person through a motion to set aside the levy on attachment, the
court shall order a summary hearing for the purpose of determining whether the sheriff has acted
rightly or wrongly in the performance of his duties in the execution of the writ of attachment.
The court may order the sheriff to release the property from the erroneous levy and to return the
same to the third person. In resolving the application, the court cannot pass upon the question of
title to the property with any character of finality but only insofar as may be necessary to decide
if the sheriff has acted correctly or not.
HELEN CABLING assisted by her husband ARIEL CABLING vs. JOSELIN TAN
LUMAPAS as represented by NORY ABELLANES, G.R. No. 196950, June 18, 2014
Under Section 33, Rule 39 of the Rules of Court, which is made applicable to extrajudicial
foreclosures of real estate mortgages, the possession of the property shall be given to the
purchaser or last redemptioner unless a third party is actually holding the property in a capacity
adverse to the judgment obligor. It contemplates a situation in which a third party holds the
property by adverse title or right, such as that of a co-owner, tenant or usufructuary, who
possesses the property in his own right, and is not merely the successor or transferee of the right
of possession of another co-owner or the owner of the property.

BANK OF THE PHILIPPINE ISLANDS SECURITIES CORPORATION vs. EDGARDO

V. GUEVARA G.R. No. 167052, March 11, 2015
In an action for enforcement of foreign judgment, the Court has limited review over the decision
rendered by the foreign tribunal. The Philippine courts cannot pass upon the merits of the case
pursuant to the incorporation clause of the Constitution, unless there is proof of want of
jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.
Calo v. Roldan, G.R. No. L-252, March 30, 1946
The provisional remedies denominated attachment, preliminary injunction, receivership, and
delivery of personal property, provided in Rules 59, 60, 61, and 62 of the Rules of Court,
respectively, are remedies to which parties litigant may resort for the preservation or protection
of their rights or interest, and for no other purpose, during the pendency of the principal action. If
an action, by its nature, does not require such protection or preservation, said remedies can not
be applied for and granted.
Davao Light v. Court of Appeals, 204 SCRA 343

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A preliminary attachment may be defined, paraphrasing the Rules of Court, as the provisional
remedy in virtue of which a plaintiff or other party may, at the commencement of the action or at
any time thereafter, have the property of the adverse party taken into the custody of the court as
security for the satisfaction of any judgment that may be recovered.
Equitable v. Special Steel, G.R. No. 175350, June 13, 2012
A writ of preliminary attachment is too harsh a provisional remedy to be issued based on mere
abstractions of fraud. Rather, the rules require that for the writ to issue, there must be a recitation
of clear and concrete factual circumstances manifesting that the debtor practiced fraud upon the
creditor at the time of the execution of their agreement in that said debtor had a preconceived
plan or intention not to pay the creditor.
Executive Secretary, et al. Vs. Forerunner Multi Resources, Inc., G.R. No. 199324. January
7, 2013
It is a deeply ingrained doctrine in Philippine remedial law that a preliminary injunctive writ
under Rule 58 issues only upon a showing of the applicants clear legal right being violated or
under threat of violation by the defendant. Clear legal right, within the meaning of Rule 58,
contemplates a right clearly founded in or granted by law. Any hint of doubt or dispute on the
asserted legal right precludes the grant of preliminary injunctive relief. For suits attacking the
validity of laws or issuances with the force and effect of law, as here, the applicant for
preliminary injunctive relief bears the added burden of overcoming the presumption of validity
inhering in such laws or issuances. These procedural barriers to the issuance of a preliminary
injunctive writ are rooted on the equitable nature of such relief, preserving the status quo while,
at the same time, restricting the course of action of the defendants even before adverse judgment
is rendered against them.
FLORD NICSON CALAWAG v. UNIVERSITY OF THE PHILIPPINES VISAYAS, ET
AL./ MICAH P. ESPIA, ET AL. v. DR. CARLOS BAYLON, ET AL. G.R. No.
207412/207542, August 07, 2013
Accordingly, the issuance of a writ of preliminary mandatory injunction presents a fourth
requirement: it is justified only in a clear case, free from doubt or dispute. When the
complainants right is thus doubtful or disputed, he does not have a clear legal right and,
therefore, the issuance of injunctive relief is improper.
SPOUSES SILVESTRE O. PLAZA AND ELENA Y. PLAZA v. GUILLERMO LUSTIVA,
ELEODORA VDA. DE MARTINEZ AND VICKY SAYSON GOLOSENO. G.R. NO.
172909, MARCH 5, 2014
A writ of preliminary injunction is a provisional remedy; it is auxiliary, an adjunct of, and
subject to the determination of the main action. It is deemed lifted upon the dismissal of the main
case, any appeal therefrom notwithstanding. Upon the dismissal of the main case by the RTC, the
question of issuance of the writ of preliminary injunction has become moot and academic. Upon
the dismissal of the main action, the question of the non-issuance of a writ of preliminary
injunction automatically died with it.

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Bacolod City Water District v. Labayen, G.R. No. 157494, December 10, 2004
A restraining order, on the other hand, is issued to preserve the status quo until the hearing of the
application for preliminary injunction which cannot be issued ex parte. Under Rule 58 of the
Rules of Court, a judge may issue a temporary restraining order with a limited life of twenty (20)
days from date of issue. If before the expiration of the twenty (20)-day period the application for
preliminary injunction is denied, the temporary restraining order would be deemed automatically
vacated.
SPOUSES DEO AGNER and MARICON AGNER vs. BPI FAMILY SAVINGS BANK,
INC. G.R. No. 182963, June 3, 2013.
Prior demand is not a condition precedent to an action for a writ of replevin, since there is
nothing in Section 2, Rule 60 of the Rules of Court that requires the applicant to make a demand
on the possessor of the property before an action for a writ of replevin could be filed.

BA Finance Corporation v. Court of Appeals, 258 SCRA 102

The action is primarily possessory in nature and generally determines nothing more than the right
of possession. Replevin is so usually described as a mixed action, being partly in rem and partly
in personam-in rem insofar as the recovery of specific property is concerned, and in personam as
regards to damages involved. As an "action in rem," the gist of the replevin action is the right of
the plaintiff to obtain possession of specific personal property by reason of his being the owner
or of his having a special interest therein.
Hao v. Andres, A.M. No. P-07-2384, June 18, 2008
The rules provide that property seized under a writ of replevin is not to be delivered immediately
to the plaintiff. Under Section 6, Rule 60, the Sheriff should have waited no less than 5 days in
order to give the complainant an opportunity to object to the sufficiency of the bond.

Ocampo v. Tirona, G.R. No. 147382, April 6, 2005

Interpleader is a remedy whereby a person who has property whether personal or real, in his
possession, or an obligation to render wholly or partially, without claiming any right in both, or
claims an interest which in whole or in part is not disputed by the conflicting claimants, comes to
court and asks that the persons who claim the said property or who consider themselves entitled
to demand compliance with the obligation, be required to litigate among themselves, in order to
determine finally who is entitled to one or the other thing. The remedy is afforded not to protect
a person against a double liability but to protect him against a double vexation in respect of one
liability.

Wack-Wack Golf v. Won 70 SCRA 165

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It must be noted that a stockholder should use reasonable diligence, that is, by filing the
interpleader suit within a reasonable time after a dispute has arisen without waiting to be sued by
either of the contending claimants. Otherwise, he may be barred by laches or undue delay.

Almeda v. Bathala Marketing Industries, 542 SCRA 470

Respondent instituted an action for declaratory relief for purposes of determining the correct
interpretation of condition Nos. 6 and 7 of the lease contract to prevent damage and prejudice.
The court took cognizance on the case, despite the fact that a separate action was pending in
another court because in the instant case no breach was committed.

Jumamil v. Caf, G.R. No. 144570, September 21, 2005

The requisites of an action for declaratory relief are:1) the subject matter of the controversy must
be a deed, will, contract or other written instrument, statute, executive order or regulation, or
ordinance; 2) the terms of said documents and the validity thereof are doubtful and require
judicial construction; 3) there must have been no breach of the documents in question; 4) there
must be an actual justiciable controversy or the ripening seeds of one between persons whose
interests are adverse; 5) the issue must be ripe for judicial determination; and 6) adequate relief is
not available through other means or other forms of action or proceeding.

Lokin v. COMELEC, 621 SCA 385

Lokin has correctly brought this special civil action for certiorari against the COMELEC to seek
the review of the resolution of the COMELEC in approving the withdrawal of his nomination.
The constitutional mandate is now implemented by Rule 64 of the 1997 Rules of Civil
Procedure, which provides for the review of the judgments, final orders or resolutions of the
COMELEC and the Commission on Audit.

Vergara v. Rugue, G.R. No. L-32984, August 25, 1977

The function of prohibition is to prevent the unlawful and oppressive exercise of legal authority
and to provide for a fair and orderly administration of justice. It is directed against proceedings
that are done without or in excess of jurisdiction, or with grave abuse of discretion, there being
no appeal or other plain, speedy and adequate remedy in the ordinary course of law.

Angchangco v. Ombudsman, G.R. No. 122728, February 13, 1997

Mandamus is a writ commanding a tribunal, corporation, board, or person to do the act required
to be done when it or he unlawfully neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from
the use and enjoyment of a right or office to which such other is entitled, there being no other
plain, speedy, and adequate remedy in the ordinary course of law.

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Special People, Inc. Foundation, represented by its Chairman, Roberti P. Cericos v. Nestor
M. Canda, et al., G.R. No. 160932. January 14, 2013
A key principle to be observed in dealing with petitions for mandamus is that such extraordinary
remedy lies to compel the performance of duties that are purely ministerial in nature, not those
that are discretionary. A purely ministerial act or duty is one that an officer or tribunal performs
in a given state of facts, in a prescribed manner, in obedience to the mandate of a legal authority,
without regard to or the exercise of its own judgment upon the propriety or impropriety of the act
done. The duty is ministerial only when its discharge requires neither the exercise of official
discretion or judgment.

Galang v. Geronimo, G.R. No. 192793, February 22, 2011

A petition for certiorari was filed questioning an interlocutory order of a trial court in an electoral
protest was within the appellate jurisdiction of the COMELEC. Since it is the COMELEC which
has jurisdiction to take cognizance of an appeal from the decision of the regional trial court in
election contests involving elective municipal officials, then it is also the COMELEC which has
jurisdiction to issue a writ of certiorari in aid of its appellate jurisdiction.

RET. LT. GEN. JACINTO C. LIGOT, et al. v. REPUBLIC OF THE PHILIPPINES

REPRESENTED BY THE ANTI-MONEY LAUNDERING COUNCIL G.R. No.
176944, March 6, 2013.
Lt. Gen. Ligot, et al. filed a petition for certiorari when the CA extended the freeze order against
their properties. Ligot, et al. should have filed a petition for review on certiorari, and not a
petition for certiorari, to assail the CA resolution which extended the effectivity period of the
freeze order over their properties.
THE CITY OF MANILA vs. HON. CARIDAD H. GRECIA-CUERDO. G.R. NO. 175723 ,
February 4, 2014
The prevailing doctrine is that the authority to issue writs of certiorari involves the exercise of
original jurisdiction which must be expressly conferred by the Constitution or by law and cannot
be implied from the mere existence of appellate jurisdiction. On the strength of the constitutional
provisions under Article VIII, it can be fairly interpreted that the power of the CTA includes that
of determining whether or not there has been grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of the RTC in issuing an interlocutory order in cases falling
within the exclusive appellate jurisdiction of the tax court. It, thus, follows that the CTA, by
constitutional mandate, is vested with jurisdiction to issue writs of certiorari in these cases.
Land Bank of the Philippines v. Court of Appeals, 456 Phil. 755
The proper recourse of the aggrieved party from a decision of the CA is a petition for review on
certiorari under Rule 45 of the Revised Rules of Court. On the other hand, if the error subject of
the recourse is one of jurisdiction, or the act complained of was perpetrated by a quasi-judicial
officer or agency with grave abuse of discretion amounting to lack or excess of jurisdiction, the

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proper remedy available to the aggrieved party is a petition for certiorari under Rule 65 of the
said Rules.

Fermin v. COMELEC, G.R. No. 179695, December 18, 2008

The Court has already likened a proceeding under Section 78 to a quo warranto proceeding since
they both deal with the eligibility or qualification of a candidate. The distinction mainly in the
fact that a "Section 78" under Section 253 of the OEC, petition is filed before proclamation,
while a petition for quo warranto is filed after proclamation of the winning candidate
Spouses Rosales v. Spouses Alfonso, G.R. No. 137792, August 12, 2003
This is the mortgagors equity (not right) of redemption which, as above stated, may be exercised
by him even beyond the 90-day period from the date of service of the order, and even after the
foreclosure sale itself, provided it be before the order of confirmation of the sale. After such
order of confirmation, no redemption can be effected any longer.
Sepulveda v. Pelaez, G.R. No. 152195, January 31, 2005
Thus, all the co-heirs and persons having an interest in the property are indispensable parties; as
such, an action for partition will not lie without the joinder of the said parties. The mere fact that
Pedro Sepulveda, Sr. has repudiated the co-ownership between him and the respondent does not
deprive the trial court of jurisdiction to take cognizance of the action for partition, for, in a
complaint for partition, the plaintiff seeks, first, a declaration that he is a co- owner of the subject
property; and, second, the conveyance of his lawful shares.

Sarmiento v. Manalite Home Owners Association, G.R. No. 182953, October 11, 2010
In forcible entry, the plaintiff must allege in the complaint, and prove, that he was in prior
physical possession of the property in dispute until he was deprived thereof by the defendant by
any of the means provided in Section 1, Rule 70 of the Rules either by force, intimidation, threat,
strategy or stealth. In unlawful detainer, there must be an allegation in the complaint of how the
possession of defendant started or continued, that is, by virtue of lease or any contract, and that
defendant holds possession of the land or building after the expiration or termination of the
right to hold possession by virtue of any contract, express or implied.

Reyes v. Sta. Maria, G.R. No. L- 33213 June 29, 1979

There are three kinds of actions for the recovery of possession of real pro. property, namely, (1)
the summary action for forcible entry or detainer (denominatedaccion interdictal under the
former law of procedure, Ley de Enjuiciamiento Civil) which seeks the recovery of physical
possession only and is brought within one year in the justice of the peace court; (2) the accion
publiciana which is for the recovery of the right to possess and is a plenary action in an ordinary
civil proceeding in a Court of First Instance; and (3) accion de reivindicacion which seeks the
recovery of ownership (which of course includes the jus utendi and the jus fruendi) also brought
in the Court of First Instance.

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Arquelada v. Philippine Veterans Bank, G.R. No. 139137, March 31, 2000
The action for unlawful detainer was based on the expiration of the contract of lease, a demand
to vacate was not necessary for judicial action after the expiration of the terms of the lease. There
being no need for any demand or notice, there was likewise no necessity to wait for five (5) days
upon notice or demand before an action for unlawful detainer may be filed.

CHARLIE LIM vs. SPOUSES DANILO LIGON and GENEROSA VITUG-LIGON G.R.
No. 183589, June 25, 2014
As a result of the finality of the judgment in the ejectment case, Spouses Ligon were
evicted from the subject property. They filed a complaint against defendant Lim for Quieting of
Title and Recovery of Possession to restore them to their possession of the subject property. The
legal limitation, despite the finality of the ruling in the ejectment case, is that the concept of
possession or prior possession which was established in favor of defendants predecessors-ininterest in the ejectment case pertained merely to possession de facto, and not possession de jure.
The favorable judgment in favor of defendants predecessors-in-interest cannot therefore bar an
action between the same parties with respect to who has title to the land in question.
- -

v. Lailanie M.

Paglas; G.R. No. 174436. January 23, 2013

At the outset, it bears to reiterate the settled rule that the only question that the courts resolve in
ejectment proceedings is: who is entitled to the physical possession of the premises, that is, to the
possession de facto and not to the possession de jure. It does not even matter if a partys title to
the property is questionable. In an unlawful detainer case, the sole issue for resolution is the
physical or material possession of the property involved, independent of any claim of ownership
by any of the party litigants. Where the issue of ownership is raised by any of the parties, the
courts may pass upon the same in order to determine who has the right to possess the property.
The adjudication is, however, merely provisional and would not bar or prejudice an action
between the same parties involving title to the property.

Rivulet Agro-Industrial Corporation v. Anthony Parungao, Narciso B. Nieto, in their

capacity as Undersecretaries of Legal Affairs and Field Operations of the Department of
Agrarian Reform, et al., G.R. No. 197507. January 14, 2013
Contempt of court is defined as a disobedience to the court by acting in opposition to its
authority, justice and dignity, and signifies not only a willful disregard of the courts order, but
such conduct which tends to bring the authority of the court and the administration of law into
disrepute or, in some manner, to impede the due administration of justice. To be considered
contemptuous, an act must be clearly contrary to or prohibited by the order of the court. Thus, a
person cannot be punished for contempt for disobedience of an order of the Court, unless the act
which is forbidden or required to be done is clearly and exactly defined, so that there can be no
reasonable doubt or uncertainty as to what specific act or thing is forbidden or required.

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Inoturan v. Limsiaco, Jr. 458 SCRA 48

It is only the judge, who orders the confinement of a person for contempt of court, who can issue
the order of release.

CASTILLEJOS CONSUMNERS ASSOCIATION, INC. (CASCONA) vs. JOSE S.

DOMINGUEZ, ET AL. G.R. No. 189949, March 25, 2015
A criminal contempt involves a conduct that is directed against the dignity and authority
of the court or a judge acting judicially; it is an act obstructing the administration of justice
which tends to bring the court into disrepute or disrespect. Civil contempt on the other hand,
consists in failing to do something ordered to be done by a court in a civil action for the benefit
of the opposing party therein and is, therefore, an offense against the party in whose behalf the
violated order is made.
SPECIAL PROCEEDINGS
Montaer vc CA, G.R. No. 174975, January 20, 2009
A special proceeding, by which a party seeks to establish a status, right, or a particular fact,
has one definite party, who petitions or applies for a declaration of a status, right, or particular
fact, but no definite adverse party.

THELMA M. ARANAS v. TERESITA V. MERCADO. G.R. NO. 156407, JANUARY 15,

2014
There is no dispute that the jurisdiction of the trial court as an intestate court is special and
limited. The trial court cannot adjudicate title to properties claimed to be a part of the estate but
are claimed to belong to third parties by title adverse to that of the decedent and the estate, not by
virtue of any right of inheritance from the decedent. All that the trial court can do regarding said
properties is to determine whether or not they should be included in the inventory of properties to
be administered by the administrator.
Uriarte vs CFI Of Negros, G.R. Nos. L-21938-39 May 29, 1970
The matter of venue, or the particular Court of First Instance where the special proceeding
should be commenced, is regulated by former Rule 75, Section 1 of the Rules of Court, now
Section 1, Rule 73 of the Revised Rules of Court, which provides that the estate of a decedent
inhabitant of the Philippines at the time of his death, whether a citizen or an alien, shall be in the
court of first instance in the province in which he resided at the time of his death, and if he is an
inhabitant of a foreign country, the court of first instance of any province in which he had estate.
Leo C. Romero and David Amando C. Romero vs. Hon. Court of Appeals, Aurora C.
Romero and Vittorio C. Romero, G.R. No. 188921, April 18, 2012

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In the case now before us, the matter in controversy is the question of ownership of certain of the
properties involved whether they belong to the conjugal partnership or to the husband
exclusively. This is a matter properly within the jurisdiction of the probate court which
necessarily has to liquidate the conjugal partnership in order to determine the estate of the
decedent which is to be distributed among his heirs who are all parties to the proceedings.
Romero vs CA, G.R. No. 188921, April 18, 2012
In testament to this, it has been held that it is within the jurisdiction of the probate court to (1)
approve the sale of properties of a deceased person by his prospective heirs before final
adjudication; (2) to determine who are the heirs of the decedent; (3) the recognition of a natural
child; (4) the status of a woman claiming to be the legal wife of the decedent; the legality of
disinheritance of an heir by the testator; and (5)to pass upon the validity of a waiver of hereditary
rights.

Pereira vs CA, G.R. No. L-81147 June 20, 1989

When a person dies leaving property, the same should be JUDICIALLY ADMINISTERED and
the competent court should appoint a qualified administrator, in the order established in Section
6, Rule 78, in case the deceased left no will, or in case he had left one, should he fail to name an
executor therein.
Neri, at al. vs. Heirs of Hadji Yusop Uy and Julpha Ibrahim Uy., G.R. No. 194366, October
10, 2012
Hence, in the execution of the Extra-Judicial Settlement of the Estate with Absolute Deed of Sale
in favor of spouses Uy, all the heirs of Anunciacion should have participated. Considering that
Eutropia and Victoria were admittedly excluded and that then minors Rosa and Douglas were not
properly represented therein, the settlement was not valid and binding upon them and
consequently, a total nullity.

Nufable vs Nufable, G.R. No. 126950 July 2, 1999

As a general rule, courts in probate proceedings are limited only to passing upon the extrinsic
validity of the will sought to be probated, the due execution thereof, the testator's testamentary
capacity and the compliance with the requisites or solemnities prescribes by law. The question of
the intrinsic validity of a will normally comes only after the court has declared that the will has
been duly authenticated.

Ajerovs.CA, G.R.No.106720 September 15, 1994

Thus, in a petition to admit a holographic will to probate, the only issues to be resolved are: (1)
whether the instrument submitted is, indeed, the decedent's last will and testament; (2) whether
said will was executed in accordance with the formalities prescribed by law; (3) whether the
decedent had the necessary testamentary capacity at the time the will was executed; and, (4)
whether the execution of the will and its signing were the voluntary acts of the decedent.

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Emilio A.M. Suntay III vs. Isabel Cojuangco-Suntay., G.R. No. 183053, October 10, 2012
The paramount consideration in the appointment of an administrator over the estate of a decedent
is the prospective administrators interest in the estate. This is the same consideration which
Section 6, Rule 78 takes into account in establishing the order of preference in the appointment
of administrator for the estate. The rationale behind the rule is that those who will reap the
benefit of a wise, speedy and economical administration of the estate, or, in the alternative, suffer
the consequences of waste, improvidence or mismanagement, have the highest interest and most
influential motive to administer the estate correctly. In all, given that the rule speaks of an order
of preference, the person to be appointed administrator of a decedents estate must demonstrate
not only an interest in the estate, but an interest therein greater than any other candidate.
Ocampo vs. Ocampo, G.R. No. 187879, July 5, 2010
The principal object of the appointment of a temporary administrator is to preserve the estate
until it can pass to the hands of a person fully authorized to administer it for the benefit of
creditors and heirs, pursuant to Section 2 of Rule 80 of the Rules of Court.
Estate of Olave vs. Reyes, G.R. No. L-29407 July 29, 1983
The purpose of presentation of claims against decedents of the estate in the probate court is to
protect the estate of deceased persons to enable the executor or administrator will be able to
examine each claim and determine whether it is a proper one which should be allowed. Further,
the primary object of the provisions requiring presentation is to apprise the administrator and the
probate court of the existence of the claim so that a proper and timely arrangement may be made
for its payment in full or by pro-rata portion in the due course of the administration.

Gutierrez vs. Baretto-Datu, G.R. No. L-17175, July 31, 1962

The word "claims" as used in statutes requiring the presentation of claims against a decedent's
estate is generally construed to mean debts or demands of a pecuniary nature which could have
been enforced against the deceased in his lifetime and could have been reduced to simple money
judgments; and among these are those founded upon contract.
Stronghold Insurance vs. Republic-Asahi, G.R. No. 147561, June 22, 2006
Generally, death of either the creditor or the debtor does not extinguish the obligation and only
obligations that are personal or are identified with the persons themselves are extinguished by
death. Section 5 of Rule 86 of the Rules of Court expressly allows the prosecution of money
claims arising from a contract against the estate of a deceased debtor as these claims are not
actually extinguished.

Metropolitan Bank & Trust Company v. Absolute Management Corporation, G.R. No.
170498. January 9, 2013
A distinctive character of Metrobanks fourth-party complaint is its contingent nature the claim
depends on the possibility that Metrobank would be adjudged liable to AMC, a future event that
may or may not happen. This characteristic unmistakably marks the complaint as a contingent

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one that must be included in the claims falling under the terms of Section 5, Rule 86 of the Rules
of Court.

De Bautista v. De Guzman, G.R. No. L-28298, November 25, 1983

The only instance wherein a creditor can file an action against a distributee of the debtor's asset
is under Sec. 5, Rule 88 of the Rules of Court. The contingent claims must first have been
established and allowed in the probate court before the creditors can file an action directly,
against the distributes, such is not the situation in the case at bar.
Natcher vs. CA, G.R. No. 133000, October 2, 2001
Before any conclusion about the legal share due to a compulsory heir may be reached, it is
necessary that the net estate of the decedent must be ascertained, by deducting all payable
obligations and charges from the value of the property owned by the deceased at the time of his
death; then, all donations subject to collation would be added to it, form there, the legitime of the
compulsory heir or heirs can be established; and it is only then can it be ascertained whether or
not a donation had prejudiced the legitimes.
Solivio vs. CA, G.R. No. 83484, February 12, 1990
As a general rule, the better practice, however, for the heir who has not received his share, is to
demand his share through a proper motion in the same probate or administration proceedings, or
for reopening of the probate or administrative proceedings if it had already been closed, and not
through an independent action.

Torbela vs. Rosario, G.R. No. 140528 G.R. No. 140553, December 7, 2011
It is true that in express trusts and resulting trusts, a trustee cannot acquire by prescription a
property entrusted to him unless he repudiates the trust. Acquisitive prescription may bar the
action of the beneficiary against the trustee in an express trust for the recovery of the property
held in trust where (a) the trustee has performed unequivocal acts of repudiation amounting to an
ouster of the cestui que trust; (b) such positive acts of repudiation have been made known to the
cestui que trust, and (c) the evidence thereon is clear and conclusive.

Rizal Commercial Banking Corporation vs. Hi-Tri Development Corporation and Luz R.
Bakunawa., G.R. No. 192413, June 13, 2012
Accordingly, the CA committed reversible error when it ruled that the issuance of individual
notices upon respondents was a jurisdictional requirement, and that failure to effect personal
service on them rendered the Decision and the Order of the RTC void for want of jurisdiction.
Escheat proceedings are actions in rem, whereby an action is brought against the thing itself
instead of the person. Thus, an action may be instituted and carried to judgment without personal
service upon the depositors or other claimants . Jurisdiction is secured by the power of the court
over the res.]Consequently, a judgment of escheat is conclusive upon persons notified by

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advertisement, as publication is considered a general and constructive notice to all persons

interested.

Repubic vs. CA & Solano, G.R. No. 143483, January 31, 2002
The 5-year period is not a device capriciously conjured by the state to defraud any claimant; on
the contrary, it is decidedly prescribed to encourage would-be claimants to be punctilious in
asserting their claims, otherwise they may lose them forever in a final judgment.

Oropesa vs. Oropesa, G.R. No. 184528, April 25, 2012

A guardianship is designed to further the wards well-being, not that of the guardian. It is
intended to preserve the wards property, as well as to render any assistance that the ward may
personally require. It has been stated that while custody involves immediate care and control,
guardianship indicates not only those responsibilities, but those of one in loco parentis as well.
Napoleon D. Neri, Alicia D. Neri-Mondejar, Visminda D. Neri-Chambers, Rosa D. NeriMillan, Douglas D. Neri, Eutropia D. Illut-Cockinos and Victoria D. Illut- Piala vs. Heirs of
Hadji Yusop Uy and Julpha Ibrahim Uy., G.R. No. 194366, October 10, 2012
Thus, a father or mother, as the natural guardian of the minor under parental authority, does not
have the power to dispose or encumber the property of the latter. Such power is granted by law
only to a judicial guardian of the wards property and even then only with courts prior approval
secured in accordance with the proceedings set forth by the Rules of Court.

IN RE: Stephanie Garcia, GR 148311, March 31, 2005

Adoption is defined as the process of making a child, whether related or not to the adopter,
possess in general, the rights accorded to a legitimate child. It is a juridical act, a proceeding in
rem which creates between two persons a relationship similar to that which results from
legitimate paternity and filiation.

Suarez vs.. Republic, L-20914 December 24, 1965

The adoptee may use the surname of the adopter. The minor cannot bear adopter's surname as a
married woman, for her husband has not joined in the petition for adoption and cannot join it,
because he has children by a previous marriage and to allow the minor to adopt the surname of
the husband of the adopter (where the husband had not), would mislead the public into believing
that she (adoptee) has also been adopted by the husband, which is not the case.

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF MINOR SHANG

KO VINGSON YU SHIRLY VINGSON SHIRLY VINGSON DEMAISIP v. JOVY
CABCABAN. UDK no. 14817, January 13, 2014

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Under Section 1, Rule 102 of the Rules of Court, the writ of habeas corpus is available, not only
in cases of illegal confinement or detention by which any person is deprived of his liberty, but
also in cases involving the rightful custody over a minor. The general rule is that parents should
have custody over their minor children. But the State has the right to intervene where the parents,
rather than care for such children, treat them cruelly and abusively, impairing their growth and
well-being and leaving them emotional scars that they carry throughout their lives unless they are
liberated from such parents and properly counselled.
Feria vs. CA, G.R. No. 122954, February 15, 2000
Consequently, the writ of habeas corpus may also be availed of where, as a consequence of a
judicial proceeding, (a) there has been a deprivation of a constitutional right resulting in the
restraint of a person, (b) the court had no jurisdiction to impose the sentence, or (c) an excessive
penalty has been imposed, as such sentence is void as to such excess.
Lee Yick Hon vs. Insular Collector Of Customs, G.R. No. L-16799, March 30, 1991
Peremptory writ of habeas corpus, is one which unconditionally commands the respondent to
have the body of the detained person before the court at a time and place therein specified. The
order served in the case before us was merely a preliminary citation or one which merely
requires the respondent to appear and show cause why the peremptory writ should not be
granted.
Velasco vs.CA G.R.No.118644 July 7,1995
It must be kept in mind that in both habeas corpus and certiorari proceedings is whether an
inferior court has exceeded its jurisdiction, the former involves a collateral attack on the
judgment and "reaches the body but not the record," while the latter assails directly the judgment
and "reaches the record but not the body."

RODOLFO NOEL LOZADA, JR., VIOLETA LOZADA and ARTURO LOZADA, vs.
PRESIDENT GLORIA MACAPAGAL ARROYO, EDUARDO ERMITA, AVELINO
RAZON, ANGEL ATUTUBO and SPO4 ROGER VALEROSO,* G.R. Nos. 184379-80,
April 24, 2012
The privilege of the writ of amparo is envisioned basically to protect and guarantee the rights to
life, liberty, and security of persons, free from fears and threats that vitiate the quality of this life.
It is an extraordinary writ conceptualized and adopted in light of and in response to the
prevalence of extra-legal killings and enforced disappearances. Accordingly, the remedy ought to
be resorted to and granted judiciously, lest the ideal sought by the Amparo Rule be diluted and
undermined by the indiscriminate filing of amparo petitions for purposes less than the desire to
secure Amparo reliefs and protection and/or on the basis of unsubstantiated allegations.

Secretary Leila M. De Lima, Director Nonnatus R. Rojas and Deputy Director Reynaldo O.
Esmeralda v. Magtanggol B. Gatdula; G.R. No. 204528. February 19, 2013

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It is clear from this rule that this type of summary procedure only applies to
MTC/MTCC/MCTCs. It is mind-boggling how this rule could possibly apply to proceedings in
an RTC. Aside from that, this Court limited the application of summary procedure to certain civil
and criminal cases. A writ of Amparo is a special proceeding. It is a remedy by which a party
seeks to establish a status, a right or particular fact. It is not a civil nor a criminal action, hence,
the application of the Revised Rule on Summary Procedure is seriously misplaced.

Secretary of Defense vs. Manalo, G.R. No. 180906, October 7, 2008

The writ applies to extralegal/extrajudicial killings and enforced disappearances or threats
thereof while a search warrant is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to search for
personal property described therein and bring it before the court.

Secretary Leila M. De Lima, Director Nonnatus R. Rojas and Deputy Director Reynaldo O.
Esmeralda v. Magtanggol B. Gatdula; G.R. No. 204528. February 19, 2013
If the allegations are proven with substantial evidence, the court shall grant the privilege of the
writ and such reliefs as may be proper and appropriate. The judgment should contain measures
which the judge views as essential for the continued protection of the petitioner in the Amparo
case. These measures must be detailed enough o that the judge may be able to verify and monitor
the actions taken by the respondents. It is this judgment that could be subject to appeal to the
Supreme Court via Rule 45. After the measures have served their purpose, the judgment will be
satisfied. In Amparo cases, this is when the threats to the petitioners life, liberty and security
cease to exist as evaluated by the court that renders the judgment. Parenthetically, the case may
also be terminated through consolidation should a subsequent case be filed either criminal or
civil. Until the full satisfaction of the judgment, the extraordinary remedy of Amparo allows
vigilant judicial monitoring to ensure the protection of constitutional rights.

Canlas vs. Napico, G.R. No. 182795, June 5, 2008

The threatened demolition of a dwelling by virtue of a final judgment of the court, which in this
case was affirmed with finality, is not included among the enumeration of rights as stated in the
above-quoted Section 1 for which the remedy of a writ of amparo is made available.
Egardo Navia, Ruben Dio and Andrew Buising vs. Virginia Pardico, for and in behalf in
representation of Benhur Pardico., G.R. No. 184467, June 19, 2012
For the protective writ of amparo to issue, allegation and proof that the persons subject thereof
are missing are not enough. It must also be shown and proved by substantial evidence that the
disappearance was carried out by, or with the authorization, support or acquiescence of, the State
or a political organization, followed by a refusal to acknowledge the same or give information on
the fate or whereabouts of said missing persons, with the intention of removing them from the
protection of the law for a prolonged period of time. Simply put, the petitioner in an amparo case

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has the burden of proving by substantial evidence the indispensable element of government
participation. x x x

IN THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND HABEAS
DATA IN FAVOR OF NORIEL RODRIGUEZ, petitioner vs. GLORIA
MACAPAGALARROYO, GEN. VICTOR S. IBRADO, PDG JESUS AME VERSOZA, LT.
GEN. DELFIN BANGIT, MAJ. GEN. NESTOR Z. OCHOA, P/CSUPT. AMETO G.
TOLENTINO, P/SSUPT. JUDE W. SANTOS, COL. REMIGIO M. DE VERA, an officer
named MATUTINA, LT. COL. MINA, CALOG, GEORGE PALACPAC under the name
"HARRY," ANTONIO CRUZ, ALDWIN "BONG" PASICOLAN and VINCENT
CALLAGAN, G.R. No. 191805
The writ of amparo partakes of a summary proceeding that requires only substantial evidence to
make the appropriate interim and permanent reliefs available to the petitioner. As explained in
the Decision, it is not an action to determine criminal guilt requiring proof beyond reasonable
doubt, or liability for damages requiring preponderance of evidence, or even administrative
responsibility requiring substantial evidence. The totality of evidence as a standard for the grant
of the writ was correctly applied by this Court. x x x

In the matter of the petition for the writ of Amparo and the writ of Habeas Data in favor of
Francis Saez, petitioner vs. GLORIA MACAPAGAL ARROYO, GEN. HERMOGENES
ESPERON, P/DIR. GEN. AVELINO RAZON, 22Nn MICO, CAPT. LAWRENCE
BANAAG, SGT. CASTILLO, CAPT. ROMMEL GUTIERREZ, CAPT. JAKE
OBLIGADO, CPL. ROMAN ITO QUINT ANA, PVT. JERICO DUQUIL, CPL. ARIEL
FONTANILLA, A CERTAIN CAPT. ALCA YDO, A CERTAIN FIRST SERGEANT,
PVT. ZALDY OSlO, A CERTAIN PFC. SONNY, A CERTAIN CPL. JAMES, A
CERTAIN JOEL, RODERICK CLANZA and JEFFREY GOMEZ, respondents, G.R. No.
183533, September 25, 2012
Given that the totality of the evidence presented by the petitioner failed to support his claims, the
reliefs prayed for, therefore, cannot be granted. The liberality accorded to amparo and habeas
data cases does not mean that a claimant is dispensed with the onus of proving his case. Indeed,
even the liberal standard of substantial evidence demands some adequate evidence.

DR. JOY MARGATE LEE vs. P/SUPT. NERI A. ILAGA G.R. No. 203254, October 08,
2014
A Habeas Data Petition is dismissible if it fails to adequately show that there exists a nexus
between the right to privacy on the one hand, and the right to life, liberty or security on the other.
Moreover, it is equally dismissible if it is not supported by substantial evidence showing an
actual or threatened violation of the right to privacy in life, liberty or security of the victim.
REPUBLIC OF THE PHILIPPINES vs. MERLINDA L. OLAYBAR. G.R. NO. 189538,
February 10, 2014

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While we maintain that Rule 108 cannot be availed of to determine the validity of marriage, we
cannot nullify the proceedings before the trial court where all the parties had been given the
opportunity to contest the allegations of respondent; the procedures were followed, and all the
evidence of the parties had already been admitted and examined. Respondent indeed sought, not
the nullification of marriage as there was no marriage to speak of, but the correction of the record
of such marriage to reflect the truth as set forth by the evidence. Otherwise stated, in allowing
the correction of the subject certificate of marriage by cancelling the wife portion thereof, the
trial court did not, in any way, declare the marriage void as there was no marriage to speak of.

Silverio vs. CA G.R. No. 174689, October 22, 2007

However, a change of name does not alter ones legal capacity or civil status. RA 9048 does not
sanction a change of first name on the ground of sex reassignment. Rather than avoiding
confusion, changing petitioners first name for his declared purpose may only create grave
complications in the civil registry and the public interest.

People vs. Cagandahan, G.R. No. 166676, September 12, 2008

Where the person is biologically or naturally intersex the determining factor in his gender
classification would be what the individual, like respondent, having reached the age of majority,
with good reason thinks of his/her sex. Respondent here has simply let nature take its course and
has not taken unnatural steps to arrest or interfere with what he was born with.
Lee v. CA, G.R. No. 118387, October 11, 2001
Clerical or typographical errors in entries of the civil register are now to be corrected and
changed without need of a judicial order and by the city or municipal civil registrar or consul
general. What is left for the scope of operation of Rule 108 are substantial changes and
corrections in entries of the civil register.

SPOUSES ARACELI OLIVA-DE MESA and ERNESTO S. DE MESA, vs. SPOUSES

CLAUDIO D. ACERO, JR. and MA. RUFINA D. ACERO,SHERIFF FELIXBERTO L.
SAMONTE and REGISTRAR ALFREDO SANTOS., G.R. No. 185064, January 16, 2012
Here, the subject property became a family residence sometime in January 1987. There was no
showing, however, that the same was judicially or extrajudicially constituted as a family home in
accordance with the provisions of the Civil Code. Still, when the Family Code took effect on
August 3, 1988, the subject property became a family home by operation of law and was thus
prospectively exempt from execution. The petitioners were thus correct in asserting that the
subject property was a family home.

CRIMINAL PROCEDURE

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RAMONCITA O. SENADOR v. PEOPLE OF THE PHILIPPINES. G.R. No.

201620, March 6, 2013
If the subject matter of the offense is generic and not identifiable, an error in the designation of
the offended party is fatal and would result in the acquittal of the accused. However, if the
subject matter of the offense is specific and identifiable, an error in the designation of the
offended party is immaterial.
Mary Rose A. Boto vs. Senior Assistant City Prosecutor Villena, A.C. No. 9684, September
18, 2013
The criminal and civil action for damages in cases of written defamations shall be filed
simultaneous or separately with the Regional Trial Court of the province or city where the
libellous article is printed and first published or where any of the offended parties actually
resides at the time of the commission of the offense.
Bureau of Customs v. Peter Sherman, et al, G.R. No. 190487, April 13, 2011.
It is well-settled that prosecution of crimes pertains to the executive department of the
government whose principal power and responsibility is to insure that laws are faithfully
executed. Corollary to this power is the right to prosecute violators. Thus, all criminal actions
commenced by complaint or information are prosecuted under the direction and control of public
prosecutors. In the prosecution of special laws, however, the exigencies of public service
sometimes require the designation of special prosecutors from different government agencies to
assist the public prosecutor; but this designation does not detract from the public prosecutor
having control and supervision over the case.

LETICIA I. KUMMER v. PEOPLE OF THE PHILIPPINES. G.R. No. 174461, September

11, 2013
Section 14, Rule 110 of the Rules of Court permits a formal amendment of a complaint even
after the plea but only if it is made with leave of court and provided that it can be done without
causing prejudice to the rights of the accused. It is clear that consistent with the rule on
amendments and the jurisprudence, the change in the date of the commission of the crime of
homicide is a formal amendment - it does not change the nature of the crime, does not affect the
essence of the offense nor deprive the accused of an opportunity to meet the new averment, and
is not prejudicial to the accused.
DR. JOEL C. MENDEZ vs. PEOPLE OF THE PHILIPPINES and COURT OF TAX
APPEALS G.R. No. 179962, June 11, 2014
Dr. Joel Mendez was charged with tax evasion. However, the prosecutor filed amended
complaint which changed the date of the commission of the offense. The court ruled that
amendments that do not charge another offense different from that charged in the original one; or
do not alter the prosecution's theory of the case so as to cause surprise to the accused and affect
the form of defense he has or will assume are considered merely as formal amendments.
People of the Philippines vs. Danilo Feliciano Jr., et. al, G.R. No. 196735, May 5, 2014

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It should be remembered that every aggravating circumstance being alleged must be stated in the
information. Failure to state an aggravating circumstance, even if duly proven at trial, will not be
appreciated as such. It was, therefore, incumbent on the prosecution to state the aggravating
circumstance of "wearing masks and/or other forms of disguise" in the information in order for
all the evidence, introduced to that effect, to be admissible by the trial court.
People v. Oso, 62 Phil 271
In case of variance between the complaint filed by the offended party and the information in
crimes against chastity, the complaint controls
PEOPLE vs. GULLERMO LOMAQUE, GR 189297, June 5, 2013
A variance in the mode of commission of the offense is binding upon the accused if he fails to
object to evidence showing that the crime was committed in a different manner than what was
alleged. While the information clearly states that the crime was committed by appellant's
insertion of his penis inside AAA's vagina, the latter solemnly testified on the witness stand that
appellant merely put his penis in her mouth. Nevertheless, appellant failed to register any
objection that the Information alleged a different mode of the commission of the crime of rape.
Thus, appellant's conviction for rape by sexual assault must be sustained, the variance
notwithstanding.
Honesto General vs. Hon. Graduacion Reyes Claravall, et al., 195 SCRA 623
In any event, the Court now makes that intent plainer, and in the interest of clarity and certainty,
categorically declares for the guidance of all concerned that when the civil action is deemed
impliedly instituted with the criminal in accordance with Section 1, Rule 111 of the Rules of
Court because the offended party has not waived the civil action, or reserved the right to
institute it separately, or instituted the civil action prior to the criminal action the rule is as
follows: (1) when the amount of the damages, other than actual, is alleged in the complaint or
information filed in court, then the corresponding filing fees shall be paid by the offended party
upon filing thereof in court for trial; and (2) in any other case, however i.e., when the amount
of damages is not so alleged in the complaint or information filed in court the corresponding
filing fees need not be paid and shall simply constitute a first lien on the judgment, except in an
award for actual damages.

RAFAEL JOSE CONSING, JR. v. PEOPLE OF THE PHILIPPINES G.R. NO. 161075.
JULY 15, 2013
An independent civil action based on fraud initiated by the defrauded party does not raise a
prejudicial question to stop the proceedings in a pending criminal prosecution of the defendant
for estafa through falsification. This is because the result of the independent civil action is
irrelevant to the issue of guilt or innocence of the accused.
SAN MIGUEL PROPERTIES, INC. v. SECRETARY OF JUSTICE, ET AL. G.R. No.
166836, September 4, 2013

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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. The administrative determination is a
logical antecedent of the resolution of the criminal charges based on non-delivery of the TCTs.

Rafael Jose Consing, Jr. vs. People of the Philippines, G.R. No. 161075, July 15, 2013
It is well settled that a civil action based on defamation, fraud and physical injuries may be
independently instituted pursuant to Article 33 of the Civil Code, and does not operate as a
prejudicial question that will justify the suspension of a criminal case. This was precisely the
Court's thrust in G.R. No. 148193, thus: Moreover, neither is there a prejudicial question of the
civil and the criminal action can, according to law, proceed independently of each other. Under
Rule 111, Section 3 of the Revised Rules on Criminal Procedure, iun the cases provided in
Articles 32, 33, 34 and 2176 of the Civil Code, the independent civil action may be brought by
the offended party. It shall proceed independently of the criminal action and shall require only a
preponderance of evidence. In no case, however, may the offended party recover damages twice
for the same act or omission charged in the criminal action. xxx In the instant case, Civil Case
No. 99-95381, for Damages and Attachment on account of alleged fraud committed by
respondent and his mother in selling the disputed lot to PBI is an independent civil action under
Article 33 of the Civil Code. As such, it will not operate as a prejudicial question that will justify
the suspension of the criminal case at bar.

GODOFREDO ENRILE AND DR. FREDERICK

MANALASTAS G.R. No. 166414, October 22, 2014

ENRILE, vs. HON. DANILO A.

The preliminary investigation is not yet a trial on the merits, for its only purpose is to
determine whether a crime has been committed and whether there is probable cause to believe
that the accused is guilty thereof. The scope of the investigation does not approximate that of a
trial before the court; hence, what is required is only that the evidence be sufficient to establish
probable cause that the accused committed the crime charged, not that all reasonable doubt of the
guilt of the accused be removed. As the MTC and RTC rightly held, the presentation of the
medical certificates to prove the duration of the victims need for medical attendance or of their
incapacity should take place only at the trial, not before or during the preliminary investigation.
P/Insp. Ariel S. Artillero v. Orlando C. Casimiro, etc., et al, G.R. No. 190569, April 25,
2012
There is no provision in Rule 112 of the Rules of Court that gives the Complainant or requires
the prosecutor to observe the right to file a Reply to the accuseds counter-affidavit. To illustrate
the non-mandatory nature of filing a Reply in preliminary investigations, Section 3 (d) of Rule
112 gives the prosecutor, in certain instances, the right to resolve the Complaint even without a
counter-affidavit, viz: (d) If the respondent cannot be subpoenaed, of if subpoenaed, does not
submit counter-affidavits within the ten (10) day period, the investigating officer shall resolve

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the complaint based on the evidence presented by the complainant. On the other hand, petitioner
was entitled to receive a copy of the Counter- affidavit filed by Aguillon.

THE PEOPLE OF THE PHILIPPINES vs. ENGR. RODOLFO YECYEC ET AL. G.R. No.
183551, November 12, 2014
It must be stressed that in our criminal justice system, the public prosecutor exercises a
wide latitude of discretion in determining whether a criminal case should be filed in court, and
the courts must respect the exercise of such discretion when the information filed against the
person charged is valid on its face, and that no manifest error or grave abuse of discretion can be
imputed to the public prosecutor. In this case, there is no question that the Information filed
against the respondents was sufficient to hold them liable for the crime of Theft because it was
compliant with Section 6, Rule 110 of the Rules of Court. Moreover, a review of the resolutions
of the MCTC, the Provincial Prosecutor, the RTC, and the CA shows that there is substantial
basis to support finding of probable cause against the respondents. Hence, as the Information was
valid on its face and there was no manifest error or arbitrariness on the part of the MCTC and the
Provincial Prosecutor, the RTC and the CA erred when they overturned the finding of probable
cause against the respondents.
Iris Kristine Balois Alberto vs. CA, GR No. 182130, June 19, 2013
Probable cause, for the purpose of filing a criminal information, exists when the facts are
sufficient to engender a well-founded belief that a crime has been committed and that the
respondent is probably guilty thereof. It does not mean actual and positive cause nor does it
import absolute certainty. Rather, it is based merely on opinion and reasonable belief.
Accordingly, probable cause does not require an inquiry whether there is sufficient evidence to
procure a conviction; it is enough that it is believed that the act or omission complained of
constitutes the offense charged.

Manila Electric Company, represented by Manolo C. Fernando v. Vicente Atilano, et al.,

G.R. No. 166758, June 27, 2012
The determination of probable cause for the filing of an information in court is an executive
function which pertains at the first instance to the public prosecutor and then to the Secretary of
Justice. As a rule, in the absence of any grave abuse of discretion, courts are not empowered to
substitute their own judgment for that of the executive branch; the public prosecutor alone
determines the sufficiency of evidence that will establish probable cause in filing a criminal
information and courts will not interfere with his findings unless grave abuse of discretion can be
shown. In this case, the Supreme Court found no error in the public prosecutors determination
that no probable cause existed to justify the filing of a criminal complaint.
Alfredo Romulo A. Busuego vs. Office of the Ombudsman, GR No. 196842, October 9, 2013
The Ombudsmans primary jurisdiction, albeit concurrent with the DOJ, to conduct preliminary
investigation of crimes involving public officers, without regard to its commission in relation to

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office, had long been settled in Sen. Honasan II vs. The Panel of Investigating Prosecutors of
DOJ, and affirmed in subsequent cases: The Constitution, Section 15 of the Ombudsman Act of
1989 and Section 4 of the Sandiganbayan Law, as amended, do not give the Ombudsman
exclusive jurisdiction to investigate offenses committed by public officers and employees. The
authority of the Ombudsman to investigate offenses involving public officers or employees is
concurrent with other government investigating agencies such as provincial, city and state
prosecutors, however, the Ombudsman, in the exercise of its primary jurisdiction over cases
cognizable by the Sandiganbayan may take over, at any stage, from any investigating agency of
the government, the investigation of such cases.
People vs. Mabuyo, 63 SCRA 532; People vs. Lazo; 198 SCRA 274
The accused who is denied the mandatory preliminary investigation may refuse to enter a plea
upon arraignment and to object to the continuation of further proceedings based on lack of
preliminary investigation. If he pleads without objection, he cannot raise the issue on appeal.
Imelda S. Enriquez vs. Olegario R. Sarmiento, Jr., A.M. No. RTJ-06-2011, August 7, 2006
A preliminary investigation is a proceeding distinct from an inquest. A preliminary
investigation is an inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and the respondent is probably
guilty thereof, and should be held for trial. An inquest is a summary inquiry conducted by a
prosecutor for the purpose of determining whether the warrantless arrest of a person was based
on probable cause.
Office of the Court Administrator vs. Hon, Rosabella M. Tormis, AM No. MTJ-12-1817,
March 12, 2013
Whenever a criminal case falls under the Summary Procedure, the general rule is that the court
shall not order the arrest of the accused unless he fails to appear whenever required. In this case,
Judge Tormis claimed that the issuance of the warrant of arrest against the accused in the
Librando case was justified because of the accuseds failure to appear during her arraignment
despite notice. However, as clearly found by the OCA, Judge Tormis order requiring the
accused to appear and submit her counter-affidavit and those of her witnesses within ten days
from receipt of the order was not yet served upon the accused when she issued the warrant. In
doing so, Judge Tormis issued the warrant of arrest in violation of the Rule on Summary
Procedure that the accused should first be notified of the charges against him and given the
opportunity to file his counter-affidavits and other countervailing evidence.
People of the Philippines vs. Ng Yik bun, et al, G.R. No. 180452. January 10, 2010.
An arrest made during the commission of a crime does not require a warrant. Such warrantless
arrest is considered reasonable and valid under Rule 113, section 5(a) of the Revised Rules on
Criminal Procedure. In the instant case, contrary to accused-appellants contention, there was
indeed a valid warrantless arrest in flagrante delicto. Consider the circumstances immediately
prior to and surrounding the arrest of accused-appellants: (1) the police officers received
information from an operative about an ongoing shipment of contraband; (2) the police officers,
with the operative, proceeded to Villa Vicenta Resort in Barangay Bignay II, Sariaya, Quezon; (3)

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they observed the goings-on at the resort from a distance of around 50 meters; and (4) they
spotted the six accused-appellants loading transparent bags containing a white substance into a
white L-300 van. Evidently, the arresting police officers had probable cause to suspect that
accused-appellants were loading and transporting contraband, more so when Hwan, upon being
accosted, readily mentioned that they were loading shabu and pointed to Tan as their leader.
Thus, the arrest of accused- appellants who were caught in flagrante delicto of possessing, and
in the act of loading into a white L-300 van, shabu, a prohibited drug under RA 6425, as
amended is valid.
People of the Philippines vs. Roberto Velasco, G.R. No. 190318, November 27, 2013
Jurisprudence tells us that an accused is estopped from assailing any irregularity of his arrest if
he fails to raise this issue or to move for the quashal of the information against him on this
ground before arraignment, thus, any objection involving a warrant of arrest or the procedure by
which the court acquired jurisdiction of the person of the accused must be made before he enters
his plea; otherwise, the objection is deemed waived. Nevertheless, even if appellants warrantless
arrest were proven to be indeed invalid, such a scenario would still not provide salvation to
appellants cause because jurisprudence also instructs us that the illegal arrest of an accused is
not sufficient cause for setting aside a valid judgment rendered upon a sufficient complaint after
a trial free from error.
LEVISTE v. CA
A finding that none of the bail negating circumstances is present will not automatically result in
the grant of bail. Such finding will simply authorize the court to use the less stringent sound
discretion approach. However, if the appellate court determines the existence of any of the bail
negating circumstances, it has no other option except to deny or revoke bail pending appeal.
Conversely, if the appellate court grants bail pending appeal, grave abuse of discretion will
thereby be committed
TRINIDAD LACHICA v. JUDGE ROSABELLATORMIS
It is undisputed that respondent judge personally received the cash bail bond for the accused. For
this act alone, respondent is already administratively liable. Section 14, Rule 114 of the Revised
Rules of Criminal Procedure specifies the persons with whom a cash bail bond may be deposited,
namely: the collector of internal revenue or the provincial, city or municipal treasurer. A judge is
not authorized to receive the deposit of cash as bail nor should such cash be kept in his office.
Yap v. CA and the People, G.R. No. 141529 (2001)
Although an increase in the amount of bail while the case is on appeal may be meritorious, the
SC found that the setting of the amount at P5.5M is unreasonable, excessive, and constitutes an
effective denial of As right to bail.
People v. Ortega, 276 SCRA 166 (2003)
An accused may not be convicted of an offense unless it is clearly charged in the complaint or
information. To convict him of an offense other than that charged in the complaint or
information would be a violation of this constitutional right.

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WILLIAM CO a.k.a. XU QUING HE vs. NEW PROSPERITY PLASTIC PRODUCTS,

represented by ELIZABETH UY G.R. No. 183994, June 30, 2014
Speedy trial is a relative term and necessarily a flexible concept. In determining whether the
accused's right to speedy trial was violated, the delay should be considered in view of the entirety
of the proceedings. The factors to balance are the following: (a) duration of the delay; (b) reason
therefor; (c) assertion of the right or failure to assert it; and (d) prejudice caused by such
delay. Surely, mere mathematical reckoning of the time involved would not suffice as the
realities of everyday life must be regarded in judicial proceedings which, after all, do not exist in
a vacuum, and that particular regard must be given to the facts and circumstances peculiar to
each case. While the Court recognizes the accused's right to speedy trial and adheres to a policy
of speedy administration of justice, we cannot deprive the State of a reasonable opportunity to
fairly prosecute criminals. Unjustified postponements which prolong the trial for an unreasonable
length of time are what offend the right of the accused to speedy trial.
Anna Lerima Patula vs. People of the Philippines, G.R. No. 164457, April 11, 2012
Sec. 36, Rule 130 of the Rules of Court is understandably not the only rule that explains why
testimony that is hearsay should be excluded from consideration. Excluding hearsay also aims to
preserve the right of the opposing party to cross-examine the original declarant claiming to have
a direct knowledge of the transaction or occurrence. If hearsay is allowed, the right stands to be
denied because the declarant is not in court. It is then to be stressed that the right to crossexamine the adverse party's witness, being the only means of testing the credibility of the
witnesses and their testimonies, is essential to the administration of justice.

People v. Cogaed, G.R. No. 200334, July 30, 2014

There are instances when searches are reasonable even when warrantless. In the Rules of Court,
searches incidental to lawful arrests are allowed even without a separate warrant. This court has
taken into account the "uniqueness of circumstances involved including the purpose of the search
or seizure, the presence or absence of probable cause, the manner in which the search and seizure
was made, the place or thing searched, and the character of the articles procured."
RETIRED SP04 BIENVENIDO LAUD vs. PEOPLE OF THE PHILIPPINES et al, G.R.
No. 199032, November 19, 2014
Section 12, Chapter V of A.M. No. 03-8-02-SC allows the Manila and Quezon City
RTCs to issue warrants to be served in places outside their territorial jurisdiction for as long as
the parameters under the said section have been complied with, as in this case. As in ordinary
search warrant applications, they "shall particularly describe therein the places to be searched
and/or the property or things to be seized as prescribed in the Rules of Court." "The Executive
Judges of these RTCs and, whenever they are on official leave of absence or are not physically
present in the station, the Vice-Executive Judges" are authorized to act on such applications and
"shall issue the warrants, if justified, which may be served in places outside the territorial
jurisdiction of the said courts." The Court observes that all the above-stated requirements were

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complied with in this case. As the records would show, the search warrant application was filed
before the Manila-RTC by the PNP and was endorsed by its head, PNP Chief Jesus Ame Versosa,
particularly describing the place to be searched and the things to be seized in connection with the
heinous crime of Murder. Finding probable cause therefor, Judge Peralta, in his capacity as 2nd
Vice-Executive Judge, issued Search Warrant which, as the rules state, may be served in places
outside the territorial jurisdiction of the said RTC.
FELILIBETH AGUINALDO and BENJAMIN PEREZ vs. REYNALDO P. VENTUS and
JOJO B. JOSON, G.R. No. 176033, March 11, 2015
Arraignment was suspended pending the resolution of the Motion for Reconsideration before the
DOJ. However, the lapse of almost 1 year and 7 months warranted the application of the
limitation of the period for suspending arraignment. While the pendency of a petition for review
is a ground for suspension of the arraignment, the aforecited provision limits the deferment of the
arraignment to a period of 60 days reckoned from the filing of the petition with the reviewing
office. It follows, therefore, that after the expiration of said period, the trial court is bound to
arraign the accused or to deny the motion to defer arraignment.

PEOPLE OF THE PHILIPPINES vs. HALIL GAMBAO y ESMAIL, EDDIEKARIM y

USO, EDWIN DUKILMAN y SUBOH, TONY ABAO y SULA, RAUL UDAL y KAGUI,
THENG DILANGALEN y NANDING, JAMAN MACALINBOL y KATOL, MONETTE
RONAS y AMPIL, NORA EVAD y MULOK, THIAN PERPENIAN y RAFON a.k.a
LARINA PERPENIAN and JOHNDOES, G.R. No. 172707, October 1, 2013
The manner by which the plea of guilty is made, whether improvidently or not, loses legal
significance where the conviction can be based on independent evidence proving the commission
of the crime by the accused.
People v. Lacson, G.R. No. 149453. April 1, 2003
In the new rule in question, as now construed by the Court, it has fixed a time-bar of one year or
two years for the revival of criminal cases provisionally dismissed with the express consent of
the accused and with a priori notice to the offended party. The time-bar may appear, on first
impression, unreasonable compared to the periods under Article 90 of the Revised Penal
Code. However, in fixing the time-bar, the Court balanced the societal interests and those of the
accused for the orderly and speedy disposition of criminal cases with minimum prejudice to the
State and the accused. It took into account the substantial rights of both the State and of the
accused to due process. The Court believed that the time limit is a reasonable period for the State
to revive provisionally dismissed cases with the consent of the accused and notice to the
offended parties. The time-bar fixed by the Court must be respected unless it is shown that the
period is manifestly short or insufficient that the rule becomes a denial of justice. The petitioners
failed to show a manifest shortness or insufficiency of the time-bar.
PEOPLE OF THE PHILIPPINES vs. PABLO L. ESTACIO, JR. and MARITESS ANG
The conditions for the discharge of an accused as a state witness are as follows:

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(a) There is absolute necessity for the testimony of the accused whose discharge is requested;
(b) There is no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said accused;
(c) The testimony of said accused can be substantially corroborated in its material points;
(d) Said accused does not appear to be the most guilty; and (e) Said accused has not at any time
been convicted of any offense involving moral turpitude.

ESTHER P. MAGLEO vs. PRESIDING JUDGE ROWENA DE JUAN-QUINAGORAN

and BRANCH CLERK OF COURT ATTY. ADONIS LAURE, BOTH OF BRANCH 166,
REGIONAL TRIAL COURT, PASIG CITY, A.M. No. RTJ-12-2336, November 12, 2014
Accused's Demurrer to Evidence, the ruling is an adjudication on the merits of the case
which is tantamount to an acquittal and may no longer be appealed. The current scenario,
however, is an exception to the general rule. The demurrer to evidence was premature because it
was filed before the prosecution rested its case. The RTC had not yet ruled on the admissibility
of the formal offer of evidence of the prosecution when Magleo filed her demurrer to
evidence. Hence, Judge Quinagoran had legal basis to overturn the order granting the demurrer
to evidence as there was no proper acquittal.

PEOPLE OF THE PHILIPPINES v. JUDGE RAFAEL R. LAGOS, et al. G.R. No.

184658, March 6, 2013.
A motion to file a demurrer was granted after the prosecutions presentation of the testimonies of
the apprehending officers because the prosecution failed to present the testimony of the
confidential informant. It has long been settled that the grant of a demurrer is tantamount to an
acquittal. An acquitted defendant is entitled to the right of repose as a direct consequence of the
finality of his acquittal. This rule, however, is not without exception. The rule on double
jeopardy is subject to the exercise of judicial review by way of the extraordinary writ of
certiorari under Rule 65 of the Rules of Court. The Supreme Court finds and so holds that the
grant of the demurrer for this reason alone was not supported by prevailing jurisprudence and
constituted grave abuse of discretion.
MERENCILLO V. PEOPLE (2007)
Minor discrepancies or inconsistencies do not impair the essential integrity of the prosecutions
evidence as a whole or reflect on the witnesses honesty. The test is whether the testimonies
agree on essential facts and whether the respective versions corroborate and substantially
coincide with each other so as to make a consistent and coherent whole. Thus, inconsistencies
and discrepancies in details which are irrelevant to the elements of the crime cannot be
successfully invoked as grounds for acquittal.

Marino B. Icdang v. Sandiganbayan, et al, G.R. No. 185960, January 25, 2012

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Petitioner claims that his right to due process was violated when his counsel failed to assist him
during the promulgation of the judgment. He faults the Sandiganbayan for proceeding with the
promulgation despite the petitioner not then being assisted by his counsel, and being a layman he
is not familiar with court processes and procedure. Section 6, Rule 120 of the Revised Rules of
Criminal Procedure, as amended, provides: The judgment is promulgated by reading it in the
presence of the accused and any judge of the court in which it was rendered.However, if the
conviction is for a light offense, the judgment may be pronounced in the presence of his counsel
or representative. There is nothing in the rules that requires the presence of counsel for the
promulgation of the judgment of conviction to be valid. While notice must be served on accused
and his counsel, the latters absence during the promulgation of judgment would not affect the
validity of the promulgation. Indeed, no substantial right of the accused on the merits was
prejudiced by such absence of his counsel when the sentence was pronounced.
People of the Philippines vs. Val Delos Reyes, G.R. No. 130714 & 139634, October 16, 2012
At the outset, the Court notes that these cases were elevated to Us on automatic review in view
of the RTC's imposition of the death penalty upon appellant in its June 25, 1997 Decision.
However, with the Court's pronouncement in the 2004 case of People vs. Mateo, providing for
and making mandatory the intermediate review by the CA of cases involving the death penalty,
reclusion perpetua or life imprisonment, the proper course of action would be to remand these
cases to the appellate court for the conduct of an intermediate review.
DENNIS T. VILLAREAL v. CONSUELO C. ALIGA. G.R. NO 166995, JANUARY 13,
2014
A judgment of acquittal may be assailed by the People in a petition for certiorari under Rule 65
of the Rules of Court without placing the accused in double jeopardy. However, in such case, the
People is burdened to establish that the court a quo, acted without jurisdiction or grave abuse of
discretion amounting to excess or lack of jurisdiction. No grave abuse of discretion may be
attributed to a court simply because of its alleged misapplication of facts and evidence, and
erroneous conclusions based on said evidence. Certiorari will issue only to correct errors of
jurisdiction, and not errors or mistakes in the findings and conclusions of the trial court.
CHAN v. HONDA MOTORS
The validity of the issuance of a search warrant rests upon the following factors: (1) it must
issued upon probable cause; (2) the probable cause must be determined by the judge himself and
not by the applicant or any other person; (3) in the determination of probable cause, the judge
must examine, under oath or affirmation, the complainant and such witnesses as the latter may
produce; and (4) the warrant issued must particularly describe the place to be searched and
persons or things to be seized.

Roan vs. Gonzales, 145 SCRA 686

The probable cause must be determined personally by the judge himself in the form of searching
questions and answers, in writing and under oath of the complainant and the witnesses he may
produce, on facts personally known to them.

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Luz vs. People of the Philippines, G.R. No. 197788, February 29, 2012
It is the State that has the burden of proving, by clear and positive testimony, that the necessary
consent was obtained, and was freely and voluntarily given. In this case, all that was alleged was
that petitioner was alone at the police station at three in the morning, accompanied by several
police officers. These circumstances weigh heavily against a finding of valid consent to a
warrantless search.

Elenita C. Fajardo vs. People of the Philippines., G.R. No. 190889, January 10, 2011
Under the plain view doctrine, objects falling in the plain view of an officer, who has a right to
be in the position to have that view, are subject to seizure and may be presented as evidence. It
applies when the following requisites concur: (a) the law enforcement officer in search of the
evidence has a prior justification for an intrusion or is in a position from which he can view a
particular area; (b) the discovery of the evidence in plain view is inadvertent; and (c) it is
immediately apparent to the officer that the item he observes may be evidence of a crime,
contraband, or otherwise subject to seizure. The law enforcement officer must lawfully make an
initial intrusion or properly be in a position from which he can particularly view the area. In the
course of such lawful intrusion, he came inadvertently across a piece of evidence incriminating
the accused. The object must be open to eye and hand, and its discovery inadvertent.

EVIDENCE
El Greco Ship Maning and Management Corporation vs. Commissioner of Customs, G.R.
No. 177188, December 4, 2008
It does not apply to administrative or quasi-judicial proceedings as administrative bodies are not
bound by the technical niceties of the rules obtaining in the court of law.

People vs. Marti (193 SCRA 57)

The forwarder, who discovered leaves from a box sent to it by Marti, sent a request to the NBI
to subject the leaves to a laboratory testing which later turned out to be marijuana leaves. The
Court held that there was no violation of constitutional rights because the rights granted by the
Constitution are protection from arbitrary exercise of power by the government, and not by third
parties, in this case, the forwarder.

Salcedo-Ortanez vs. Court of Appeals, 235 SCRA 111

Ortanez presented three (3) cassette tapes of alleged telephone conversations between his wife
and unidentified persons. The Court held that the cassette tapes are not admissible since absent a
clear showing that both parties to the telephone conversations allowed the recording of the same,
the inadmissibility of the subject tapes is mandatory under Rep. Act No. 4200.

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Ogawa v. Menigishi, 676 SCRA 14, 21, July 9, 2012

The burden of proof lies with the party who asserts his/her right. In a counterclaim, the burden of
proving the existence of the claim lies with the defendant.

Morales v. Harbour Centre Port Terminal, Inc., 664 SCRA 110

In administrative or quasi-judicial proceedings like those conducted before the NLRC, the
standard of proof is substantial evidence which is understood to be more than just a scintilla or
such amount of relevant evidence which a reasonable mind might accept as adequate to justify a
conclusion.

Calamba Steel Center, Inc. vs. Commissioner of Internal Revenue, G.R. No. 151857, April
28, 2005
Court of Appeals ignored the existence of the tax return extant on the record. As a general rule,
courts are not authorized to take judicial notice of the contents of records in other cases tried or
pending in the same court, even when those cases were heard or are actually pending before the
same judge. However, an exception is when reference to such records is sufficiently made
without objection from the opposing parties.
People vs. Tundag, G.R. Nos. 135695-96. October 12, 2000
In this case, judicial notice of the age of the victim is improper, despite the defense counsels
admission. As required by Section 3 of Rule 129, as to any other matters such as age, a hearing is
required before courts can take judicial notice of such fact.

Latip v. Chua, G.R. No. 177809, October 16, 2009

Generally speaking, matters of judicial notice have three material requisites: (1) the matter must
be one of common and general knowledge; (2) it must be well and authoritatively settled and not
doubtful or uncertain; and (3) it must be known to be within the limits of the jurisdiction of the
court. The principal guide in determining what facts may be assumed to be judicially known is
that of notoriety.

Philippine Charter Insurance Corporation v. Central Colleges of the Philippines, 666

SCRA 540
It is an established principle that judicial admissions cannot be contradicted by the admitter who
is the party himself and binds the person who makes the same, absent any showing that this was
made through palpable mistake, no amount of rationalization can offset it.

CIR vs. Petron Corporation, G.R. No. 185568, 21 March 2012

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CIR and Petron jointly stipulated before the CTA that Petron did not participate in the
procurement and issuance of the Tax Credit Certificates. This stipulation of fact by the CIR
amounts to an admission and, having been made by the parties in a stipulation of facts at pretrial,
is treated as a judicial admission.

NEDLLOYD LIJNEN B.V. ROTTERDAM AND THE EAST ASIATIC CO., LTD. vs.
GLOW LAKS ENTERPRISES, LTD. G.R. No. 156330, November 19, 2014
It is well settled that foreign laws do not prove themselves in our jurisdiction and our
courts are not authorized to take judicial notice of them. To prove a foreign law, the party
invoking it must present a copy thereof and comply with Sections 24 and 25 of Rule 132 of the
Revised Rules of Court. Under the rules of private international law, a foreign law must be
properly pleaded and proved as a fact. In the absence of pleading and proof, the laws of the
foreign country or state will be presumed to be the same as our local or domestic law. This is
known as processual presumption. While the foreign law was properly pleaded in the case at bar,
it was, however, proven not in the manner provided by Section 24, Rule 132 of the Revised
Rules of Court. While a photocopy of the foreign statute relied upon by the court a quo to relieve
the common carrier from liability, was presented as evidence during the trial, the same however
was not accompanied by the required attestation and certification.
ALBERTO ALMOJUELA y VILLANUEVA vs. PEOPLE OF THE PHILIPPINES G.R.
No. 183202, June 2, 2014
Although based on the evidence adduced by both parties, no direct evidence points to
Almojuela as the one who stabbed Quejong. A finding of guilt is still possible despite the
absence of direct evidence. Conviction based on circumstantial evidence may result if sufficient
circumstances, proven and taken together, create an unbroken chain leading to the reasonable
conclusion that the accused, to the exclusion of all others, was the author of the crime.
People v. Yau, G.R. No. 208170, August 20, 2014
It has been an established rule in appellate review that the trial courts factual findings, such as
its assessment of the credibility of the witnesses, the probative weight of their testimonies, and
the conclusions drawn from the factual findings, are accorded great respect and have even
conclusive effect. Such factual findings and conclusions assume even greater weight when they
are affirmed by the CA. In the case at bench, the RTC gave more weight and credence to the
testimonies of the prosecution witnesses compared to those of the accused appellants. After a
judicious review of the evidence on record, the Court finds no cogent reason to deviate from the
factual findings of the RTC and the CA, and their respective assessment and calibration of the
credibility of the prosecution witnesses.
People v. Larrahaga, G.R. Nos. 138874-75, July 21, 2005
An object evidence, when offered in accordance with the requisites for its admissibility, becomes
evidence of the highest order and speaks more eloquently than witnesses put together. The
presence of the victims ravished body in a deep ravine with handcuffs on her wrist is a physical
evidence that bolsters the testimony of the witness.

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People v. Vallejo, 382 SCRA 192

A rape-slay case of a 9-year old girl, admitted in evidence the DNA samples of the victim which
were found in the bloodstained garments of the accused. Vaginal swabs taken from the victim
were also admitted and were found to show the DNA profile of the accused who was
subsequently convicted.

People vs. Cardenas, G.R. No. 190342. March 21, 2012

Non-compliance with the procedural requirements under RA 9165 and its IRR relative to the
custody, photographing, and drug-testing of the apprehended persons, is not a serious flaw that
can render void the seizures and custody of drugs in a buy-bust operation. What is essential is
the preservation of the integrity and the evidentiary value of the seized items, as the same would
be utilized in the determination of the guilt or innocence of the accused.

People vs. Tan, 105 Phil. 1242 (1959)

When carbon sheets are inserted between two or more sheets of writing paper so that the writing
of a contract upon the outside sheet, including the signature of the party to be charged thereby,
produces facsimile upon the sheets beneath, such signature being thus reproduced by the same
stroke of the pen which made the surface or exposed impression, all of the sheets so written on
are regarded as duplicate originals and either of them may be introduced in evidence as such
without accounting for the nonproduction of the others.

Pacasum vs. People, G.R. No. 180314, April 16, 2009

Only a photocopy of the Employee Clearance was presented in evidence. The Court held that the
photocopy is admissible as evidence since an exception to the best evidence rule is when the
document sought to be presented is in the possession of the person against whom it is to be
offered and such party fails to present it even after reasonable notice.
National Power Corporation vs. Codilla, G.R. No. 170491. April 3, 2007
The evidence offered by NAPOCOR were photocopies. The Court held that the photocopies
were not equivalent to the original documents based on the Rules on Electronic Evidence. The
information contained in the photocopies submitted by NAPOCOR will reveal that not all of the
contents therein, such as the signatures of the persons who purportedly signed the documents,
may be recorded or produced electronically.
MCC Industrial Sales Corporation vs. Ssangyong Corporation, G.R. No. 170633. October
17, 2007
The Court held that the print-out and/or photocopies of facsimile transmissions are not electronic
evidence. Thus, it is consequential that the same may not be considered as the functional
equivalent of their original as decreed in the law.

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Cruz vs. CA, 192 SCRA 209

The parol evidence rule is predicated on the existence of a document embodying the terms of an
agreement. A receipt is not such a document as it merely attests to the receipt of money and it is
not and could have not been intended by the parties to be the sole memorial of their agreement.

Maulini vs. Serrano, 28 Phil 640

Serrano introduced parol evidence to prove that he was merely acting as an agent without any
consideration. The Court held that Serrano can introduce such parole evidence because the case
at bar is not one where the evidence offered varies, alters, modifies, or contradicts the terms of
indorsement admittedly existing.
Heirs of Lacsa vs. Court of Appeals, 197 SCRA 234 (1991)
The ancient document rule applies to the two Spanish documents and should thus be admitted
without the need for evidence on its authenticity and execution. They meet the 3 requisites of the
ancient document rule, namely: (1) be at least thirty (30) years old (2) found in the proper
custody and is unblemished by alterations and is otherwise free from suspicion and (3) that it is
produced from a custody in which it would naturally be found if genuine.

Pacific Asia Overseas Shipping Corp. vs. NLRC, 161 SCRA 122 (1988)
Respondent Rances failed to submit any attestation issued by the proper Dubai official having
legal custody of the original of the decision of the Dubai Court that the copy presented by said
respondent is a faithful copy of the original decision, which attestation must furthermore be
authenticated by a Philippine Consular Officer having jurisdiction in Dubai. The transmittal
letter, signed by Mohd Bin Saleh, Honorary Consul for Philippines' does not comply with the
requirements of either the attestation under Section 26 nor the authentication envisaged by
Section 25.

People vs. Burgos, 200 SCRA 67 (1991)

The Order disallowing the printing of the material encoded in the diskettes is void. There was
neither testimonial evidence nor any physical evidence on the diskettes that might indicate they
had actually been tampered or their contents altered in order to secure the conviction of the
accused. The mere fact that the diskettes had been in the possession of the prosecution does not
necessarily imply that it had tampered with the evidence to suit its prosecutorial objectives.

People vs. Solomon, 229 SCRA 402

The acceptance of a witness depends on the quality of his perceptions and the manner he can
make them known to the court. The testimony of Soria was positive, clear, plain, coherent and
credible despite her slurred speech and the use of leading questions.

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People vs. Mendoza, 254 SCRA 18

Paul, a five-year-old boy, testified that Rolando boxed his wife then burned her. The testimony
of Paul shows that he is of above average intelligence, that he is capable of giving responsive
answers, of recalling events, and of relating his recollections. For a child witness to be
competent, it must be shown that he has the capacity of (1) observation, (2) of recollection, and
(3) of communication.
Ordono vs. Saquigan, 62 SCRA 270
When an offense directly attacks or directly and vitally impairs, the conjugal relation, it comes
within the exception to the statute that one shall not be a witness against the other except in a
criminal prosecution for a crime committed (by) one against the other. Using the criterion, it can
be concluded that in the law of evidence the rape perpetrated by the father against his daughter is
a crime committed by him against his wife (the victim's mother).
People vs. Francisco, 78 Phil. 694
By his testimony imputing the commission of the crime against his wife, the husband is
considered to have waived all his objections to the testimony of his wife. It is to be expected that
after giving such a testimony, it is but normal for his wife to rebut the allegation.

APOLONIO GARCIA, in substitution of his deceased mother, Modesta Garcia, and

CRISTINA SALAMAT v. DOMINGA ROBLES vda de CAPARAS. G.R. No. 180843,
April 17, 2013.
Under the Dead Man's Statute Rule, if one party to the alleged transaction is precluded from
testifying by death, insanity, or other mental disabilities, the other party is not entitled to the
undue advantage of giving his own uncontradicted and unexplained account of the
transaction. Thus, the alleged admission of the deceased Pedro Caparas that he entered into a
sharing of leasehold rights with Modesta Garcia and Cristina Salamat cannot be used as evidence
against Dominga Caparas as the latter would be unable to contradict or disprove the same.
Lichauco vs. Atlantic Gulf, 84 Phil. 330
The Dead Mans Statute disqualifies only parties or assignors of parties; officers and/or
stockholders of a corporation, therefore, are not disqualified from testifying for or against the
corporation which is a party to an action upon a claim or demand against the estate of a deceased
person, as to any matter of fact occurring before the death of such person.

People vs. Carlos 47 Phil. 626 (1925)

Where a privileged communication from one spouse to another comes into the hands of a third
party, whether legally or not, without collusion and voluntary disclosure on the part of either of
the spouses, the privilege is thereby extinguished and the communication, if otherwise
competent, becomes admissible.

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Uy Chico vs. Union Life, 29 Phil. 163 (1915)

It will be noted that the evidence in question concerned the dealings of the plaintiff's attorney
with a third person. A communication made by a client to his attorney for the express purpose of
its being communicated to a third person is essentially inconsistent with the confidential relation.
Such communication is between the third person and the client, the attorney being merely an
agent.

People vs. Sandiganbayan, 275 SCRA 505 (1997)

The period to be considered is the date when the privileged communication was made by the
client to the attorney in relation to either a crime committed in the past or with respect to a crime
intended to be committed in the future. in other words, If the client seeks his lawyers advice
with respect to a crime that the former has theretofore committed, he is given the protection of a
virtual confessional seal which the attorney-client privilege declares cannot be broken by the
attorney without the clients consent.

Lim vs. Court of Appeals, 214 SCRA 273 (1992)

In order that the disqualification by reason of physician-patient privilege be successfully
claimed, the following requisites should concur: (1) the privilege is claimed in a civil case; (2)
the person against whom the privilege is claimed is one duly authorized to practice medicine,
surgery or obstetrics; (3) such person acquired the information while he was attending to the
patient in his professional capacity; (4) the information was necessary to enable him to act in that
capacity; (5) the information was confidential and if disclosed, would blacken the reputation of
the patient.

Krohn vs. Court of Appeals, 233 SCRA 146 (1994)

Where the person against whom the privilege is claimed is the patients husband who testifies on
a document executed by medical practitioners, his testimony does not have the force and effect
of the testimony of the physician who examined the patient and executed the report. Plainly, this
does not fall within the prohibition.

Banco Filipino vs. Monetary Board, 142 SCRA 523 (1986)

The privilege under Section 21, Rule 130 is intended not for the protection of public officers but
for the protection of public interest. Where there is no public interest that would be prejudiced,
this rule will not be applicable. The rule that a public officer cannot be examined as to
communications made to him in official confidence does not apply when there is nothing to
show that the public interest would suffer by the disclosure question.
Dela Paz vs. IAC, 154 SCRA 65 (1987)

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The mere fact that the witness died after giving his direct testimony is no ground in itself for
excluding his testimony from the record so long as the adverse party was afforded an adequate
opportunity for cross- examination but through fault of his own failed to cross-examine the
witness. The right to cross-examine Loreto was waived by Petitioners through their repeated
absence and motions to postpone the cross- examination.
People vs. Del Castillo, 25 SCRA
Section 14, Rule 132 of the Rules of Court explicitly provides that the court may grant or
withhold leave to recall a witness, in its discretion, as the interests of justice may require; and
We believe that it was the better part of discretion and caution on the part of the trial court to
have denied as it did, the request of the defense to recall Ceribo. The record is loaded with
circumstances tending to show insidious attempts, too obvious to be overlooked, to tamper with
the witnesses for the prosecution.
Under the circumstances, to allow such a procedure would only encourage the perversion of truth
and make a mockery of court proceedings.

Viacrusis vs. Court of Appeals, 44 SCRA 176(1972)

The testimony and the public document are declarations adverse to the interest of the Costelos
which is admissible in evidence. The previous recognition by a party in physical possession of
the property in dispute of the ownership in another constitutes a declaration against the interest
of the former and ay be received in evidence not only against such party who made the
declaration or his successors in interest but also against 3rd persons.

People vs. Alegre, 94 SCRA 109 (1979)

The silence of an accused (or in this case, the three appellants) under custody, or his failure to
deny statements by another implicating him in a crime, especially when such accused is neither
asked to comment or reply to such implications or accusations, cannot be considered as a tacit
confession of his participation in the commission of the crime.

People vs. Alegre, 94 Phil. 109 (1979)

As a general rule, the extrajudicial declaration of an accused, although deliberately made, is not
admissible and does not have probative value against his co- accused. It is merely hearsay
evidence as far as the other accused are concerned.

People vs. Yatco, 97 Phil. 941 (1955)

The rule regarding statements made by a co-conspirator refers to statements made by one
conspirator during the pendency of the unlawful enterprises and in furtherance of its object and

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not to a confession made long after the conspiracy had been brought to an end. Under the rule on
multiple admissibility of evidence, the confession of a co-accused may be inadmissible against
his co-accused for being hearsay but may nevertheless be admissible against the declarants own
guilt.

People vs. Wong Chuen Ming, 256 SCRA 182 (1996)

The fact that all accused are foreign nationals does not preclude application of the exclusionary
rule because the constitutional guarantees embodied in the Bill of Rights are given and extend
to all persons, both aliens and citizens. The accused cannot be made to affix their signatures on
evidence without complying with the Bill of Rights. By affixing their signatures on the evidence,
the accused are in effect made to tacitly admit the crime charged for, in this case, mere
possession of prohibited drugs is a crime. These signatures amount to uncounseled extra-judicial
confession prohibited by the Bill of Rights and therefore inadmissible as evidence.

People vs. Irang, 64 Phil. 285 (1937)

While evidence of another crime is, as a rule, not admissible in a prosecution for robbery, it is
admissible when it is otherwise relevant, as where it tends to identify defendant as the perpetrator
of the robbery charged, or tends to show his presence at the scene or in the vicinity of the crime
at the time charged, or when it is evidence of a circumstance connected with the crime.

People vs. Soliman, 53 O.G. 8083 (1957)

While good or bad character may be availed of as an aid to determine the probability or
improbability of the commission of an offense, such is not necessary in the crime of murder
through TREACHERY or EVIDENT PREMEDITATION (remember that the character of the
wounds show that the deceased was killed in a lying position). The proof of such character may
only be allowed in homicide cases to show that it has produced a reasonable belief of imminent
danger in the mind of the accused and a justifiable conviction that a prompt defensive action was
necessary.

U.S. Vs. Mercado, 26 Phil. 127 (1913)

Generally, a witness cannot be impeached by the party against whom he has been called, except
by showing: 1. that he has made contradictory statements; or2. by showing that his general
reputation for truth, honesty, or integrity is bad. The question to which the defendant objected
neither attempted to show that the witness had made contradictory statements nor that his general
reputation for truth, honesty, or integrity was bad.

U.S. Vs. Zenni, 492 F. Supp. 464 (1980)

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A statement is not prohibited by the hearsay rule if it is merely offered for proving the fact that
the statement was made, and not as a means of proving the truth of the fact asserted therein.
Implied assertions, which are inferences that can be drawn from the conduct of persons, are not
covered by the hearsay rule unless they are intended to be an assertion concerning the matter in
inquiry. (Ex. Testimony that a person pointed to a person in a police line up)

Estrada vs. Desierto, 356 SCRA (2001)

The ban on hearsay does not cover independently relevant statements, which consist of
statements that are independently relevant of the truth asserted therein. They belong to two
classes: 1. Those statements which are the very facts in issue, 2. Those statements which are
circumstantial evidence of the facts in issue. The second class includes the following: Statement
of a person showing his state of mind; Statement of a person showing his physical condition;
Statement of a person to infer a state of mind of another person; Statements which may identify
the date, place and person in question; Statements to show a lack of credibility of a witness.
People vs. Laquinon, 135 SCRA 91 (1985)
The declaration of the deceased is not admissible as an ante-mortem declaration since the
deceased was in doubt as to whether he would die or not. The declaration fails to show that the
deceased believed himself in extremist, "at the point of death when every hope of recovery is
extinct, which is the sole basis for admitting this kind of declarations as an exception to the
hearsay rule." It may be admitted, however, as part of the res gestae since the statement was
made immediately after the incident and the deceased had no sufficient time to concoct a charge
against the accused.
PEOPLE OF THE PHILIPPINES vs. ANECITO ESTIBAL Y CALUNGSAG G.R. No.
208749, November 26, 2014
Res gestae means the things done. It refers to those exclamations and statements made
by either the participants, victims, or spectators to a crime immediately before, during, or
immediately after the commission of the crime, when the circumstances are such that the
statements were made as a spontaneous reaction or utterance inspired by the excitement of the
occasion and there was no opportunity for the declarant to deliberate and to fabricate a false
statement. There are then three essential requisites to admit evidence as part of the res gestae,
namely: (1) that the principal act, the res gestae, be a startling occurrence; (2) the statements
were made before the declarant had the time to contrive or devise a falsehood; and (3) that the
statements must concern the occurrence in question and its immediate attending circumstances.
Tison vs. Court of Appeals, 276 SCRA 582 (1997)
Where a party claims a right to the part of the estate of the declarant, the declaration of the latter
that the former is her niece is admissible and constitutes sufficient proof of such relationship,
notwithstanding the fact that there was no other preliminary evidence thereof, the reason that
such declaration is rendered competent by virtue of the necessity of receiving such evidence to
avoid a failure of justice.

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Fuentes vs. CA, 253 SCRA 430 (1996)

To admit declarations against interest as exceptions to the hearsay rule: (a) the declarant must not
be able to testify due to death, mental incapacity or physical incompetence rather than mere
absence from the courts;; (b) the declaration must concern a matter of fact cognizable by the
declarant;; (c) the circumstances render it improbable that a motive to falsify exists.

People vs. Cabuang, 217 SCRA 675 (1993)

Entries in a police blotter, though regularly done in the course of performance of official
duty, are not conclusive proof of the truth of such entries. They are only prima facie
evidence of the facts therein stated since they would be incomplete or inaccurate.

THERESITA, JUAN, ASUNCION, PATROCINIA, RICARDO, and GLORIA, ALL

SURNAMED DIMAGUILA v. JOSE AND SONIA A. MONTEIRO. G.R. NO. 201011,
January 27, 2014
As to the hearsay rule, Section 44 of Rule 130 of the Rules of Court similarly provides that
entries in official records are an exception to the rule. The rule provides that entries in official
records made in the performance of the duty of a public officer of the Philippines, or by a person
in the performance of a duty specially enjoined by law, are prima facie evidence of the facts
therein stated. The document's trustworthiness consists in the presumption of regularity of
performance of official duty. Cadastral maps are the output of cadastral surveys. The DENR is
the department tasked to execute, supervise and manage the conduct of cadastral surveys. As
such, they are exceptions to the hearsay rule and are prima facie evidence of the facts stated
therein.
People v. Lee, 382 SCRA 596
The rule is that the character or reputation of a party is regarded as legally irrelevant in
determining a controversy, so that evidence relating thereto is not admissible. Ordinarily, if the
issues in the case were allowed to be influenced by evidence of the character or reputation of the
parties, the trial would be apt to have the aspects of a popularity contest rather than a factual
inquiry into the merits of the case.
Interpacific Transit vs. Aviles, 186 SCRA 385 (1990)
Objection to documentary evidence must be made at the time it was formally offered, and not
when the particular document is marked is identified and marked as an exhibit.
Vda. de Onate vs. Court of Appeals, 250 SCRA 283 (1995)
Evidence not formally offered may be admitted and considered by the trial court provided the
following requirements are present, first, the same must have been duly identified by testimony
duly recorded and, second, the same must have been incorporated in the records of the case.
PEOPLE OF THE PHILIPPINES v. EDWIN IBANEZ Y ALBANTE, ET AL. G.R. No.
197813, September 25, 2013

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The Rule on Examination of a Child Witness specifies that every child is presumed qualified to
be a witness. To rebut this presumption, the burden of proof lies on the party challenging the
child's competence. Petitioners flimsy objections on Rachels lack of education and inability to
read and tell time carry no weight and cannot overcome the clear and convincing testimony of
Rachel as to who killed her father.
On the other hand, Section 36 of Rule 130 of the Rules of Court explicitly provided that a
witness can testify only to those facts which he knows of his personal knowledge; that is, which
are derived from his own perception, except as otherwise provided in these rules. Anicetas
testimony is mainly hearsay, especially on the purported fight between Wilfredo and Jesus that
ended in Wilfredos death. Anicetas testimony as such carries no probative weight. At best,
Anicetas testimony is an independent relevant statement: offered only as to the fact of its
declaration and the substance of what had been relayed to Aniceta by Marilou, not as to the truth
thereof.

EAGLERIDGE DEVELOPMENT CORPORATION, MARCELO N. NAVAL and

CRISPIN I. OBEN v. CAMERON GRANVILLE 3 ASSET MANAGEMENT, INC. G.R.
No. 204700, April 10, 2013.
Under Section 17, Rule 132 of the 1997 Rules of Court, when part of a writing or record is given
in evidence by one party, the whole of the same subject may be inquired into by the other, and
when a detached writing or record is given in evidence, any other writing or record necessary to
its understanding may also be given in evidence.

FEDERICO SABAY vs. PEOPLE OF THE PHILIPPINES G.R. No. 192150, October 01,
2014
Section 34 of Rule 132 of our Rules on Evidence provides that the court cannot consider any
evidence that has not been formally offered. This rule, however, admits of an exception. The
Court, in the appropriate cases, has relaxed the formal-offer rule and allowed evidence not
formally offered to be admitted. Jurisprudence enumerated the requirements so that evidence, not
previously offered, can be admitted, namely: first, the evidence must have been duly identified
by testimony duly recorded and, second, the evidence must have been incorporated in the records
of the case. In the present case, we find that the requisites for the relaxation of the formal-offer
rule are present. As it is correctly observed, Godofredo identified the Certification to File an
Action during his cross-examination. Although the Certification was not formally offered in
evidence, it was marked as Exhibit 1 and attached to the records of the case.