SYLLABUS

REMEDIAL LAW 1
SACP S. Salazar

CIVIL PROCEDURE

I. PRELIMINARY
a) Constitutional basis

II. GENERAL PROVISIONS

a) Applicability
b) Uniform Procedure in RTC & MTC
1. exceptions
c) Rules of Court as law
d) Retroactive application
1. exceptions
2. Tan, Jr. v. CA, G.R. No. 136368, January 16, 2002
e) Construction
1. What is the general course of action?
Asia United Bank v. Goodland Co.
2. When is liberal construction proper?
Rule 1, Sec. 6
Cabrera v. Ng, G.R. No. 201601, March 12, 2014
Sebastian v. Morales, 445 Phil 595, 605
Sablas v. Sablas, 526 SCRA 292
Saint Louis University v. Cobarrubias, G.R. No. 187104, August
3, 2010
3. requisites for the application of liberal construction
Gipa, et al. v. Southern Luzon Institute, G.R. No. 177425, June
18, 2014

III. CIVIL ACTIONS

a) What is a civil action?
b) Forms of civil actions
1. applicable Rules
2. when Rules not applicable?
c) How commenced?
1. Purpose of this provision

IV. COMPLAINT & PLEADINGS

a) What is a complaint?
b) What is a pleading?
c) Pleadings allowed
d) Parts of a pleading
e) Effect of an unsigned pleading
f) Aside from signature of lawyer, what else are required?
Intestate Estate of Jose Uy v. Atty. Pacifico M. Maghari III, A.C. No.
10525, September 1, 2015
Republic v. Kenrick Development Corp., G.R. No. 149576, August
8, 2006
 Bar Matter No. 1922; OCA Circular No. 99-2008; OCA Circular No.
79-2014, May 26, 2014
g) Verification and Certification against forum-shopping
 Bacolor, et al. v. Makabali Memorial Hospital, Inc., et al., G.R. No.
204325, April 18, 2016
Cagayan Valley Drug Corp. v. CIR, G.R. No. 151413, February 13,
2008
Mid-Pasig Land Dev. Corp. v. Tablante, G.R. No. 162924, February
4, 2010

V. JURISDICTION
a) What is jurisdiction?
b) Aspects of the concept of jurisdiction
Boston Equity Resources, Inc. v. CA, G.R. No. 173946, June 19,
2013
c) Jurisdiction over the subject matter
Batas Pambansa Blg. 129, as amended by RA 7691
1. Totality Rule
Pantranco North Express, Inc. v. Standard Insurance Co., Inc.,
et al., G.R. No. 140746, March 16, 2005
First Sarmiento Property Holdings v. PBCom, G.R. No. 202836,
June 19, 2018 (incapable of pecuniary estimation)
d) Jurisdiction over the parties
1. Additional defendants
e) General Rule
1. Exception
Tijam v. Sibonghanoy, 23 SCRA 29 (estoppel by laches)
Figueroa v. People, G.R. No. 147406, 7-14-2008 (general rule)
Calimlim v. Ramirez, 204 Phil 25; 118 SCRA 399
Mangaliag v. Catubig-Pastoral, G.R. No. 143951, 10-25-2005
Frianela v. Banayad, Jr., G.R. No. 169700, 7-30-2009
Duero v. CA, G.R. No. 131282, January 4, 2002
f) Payment of docket fees
Manchester Dev. Corp. v. CA, G.R. No. L-75919, May 7, 1987
Sun Insurance Office, Ltd. v. Asuncion, G.R. Nos. 79937-38,
February 13, 1989
United Overseas Bank v. Ros, et al., G.R. No. 171532, August 7,
2007; 556 Phil. 178; Negros Oriental Planters Association, Inc. v.
RTC Negros Occidental, G.R. No. 179878, December 24, 2008
g) Docket fees for Civil damages in criminal actions
General v. Claravall, 195 SCRA 623
Manuel v. Judge Alfeche, Jr., et al., G.R. No. 115683, July 26, 1996
h) Doctrine of Primary Jurisdiction
Paloma v. Mora, G.R. No. 157783, September 23, 2005; Villaflor v.
CA, 280 SCRA 297, 327

VI. VENUE
a) What is a real action?
b) What is a personal action?
c) Venue of Real and Personal actions
Latorre v. Latorre, 617 SCRA 88
d) What is an action quasi in rem?
e) Venue of actions quasi in rem
f) Venue of actions for Specific performance
Sps. Saraza v. Francisco, G.R. No. 198718, November 27, 2013
Gochan v. Gochan, 372 SCRA 256
g) Recovery of deficiency after EJF
 BPI Family Savings Bank, Inc. v. Sps. Yujuico, G.R. No. 175796,
July 22, 2015
h) Exclusive venue
Briones v. CA, et al., G.R. No. 204444, January 14, 2015
i) Limitation on exclusivity of venue
San Miguel Corp. v. Monasterio, G.R. No. 151037, June 23, 2005
A.M. No. 99-10-05-0, August 7, 2001; Sps. Ochoa v. China Banking
Corp., G.R. No. 192877, March 23, 2011
j) Dismissal due to improper venue
1. Summary Procedure
2. Small Claims

VII. PARTIES TO A CIVIL ACTION

a) Plaintiff and Defendant
b) What is a counter-claim?
c) Kinds of counter-claims
1. Compulsary counter-claim
a. When allowed?
2. Permissive counter-claim
3. Effect of failure to answer the counter-claim
d) Cross-claims
e) Third, etc. - complaint
f) Real party in interest
1. Unknown real party in interest
2. Representatives of real party in interest
3. Spouses as parties
4. Minor and incompetent parties
5. Unwilling plaintiff
g) Indispensable and Necessary Parties
h) Joinder & misjoinder of parties
1. Effect of non-joinder
2. Effect of misjoinder
i) Class suit
j) Death or separation of a party
1. Duty of counsel
k) Effect of death on contractual money claims
l) Transfer of interest
m) Actions involving validity

VIII. CAUSES OF ACTION

a) What is a cause of action?
b) Splitting a single cause of action
c) Joinder & Misjoinder of causes of action
d) Requisites of joinder of actions
e) Effects

IX. RELATED TOPICS AND JURISPRUDENCE

 Rules 1 – 7
 Bar Matter No. 1132
 Bar Matter No. 287
 Section 139 of the Local Government Code
 A.M. No. 07-6-5-SC
 MEMORIZE:

 Rule 1 Section 3a, pars. 1 & 2

 Rule 2 Sections 1, 2, 4, & 5
 Rule 3 Sections 2 & 8
 Rule 4 Sections 1 & 2
 Rule 6 Sections 1 & 3
 Rule 7 Sections 4 & 5
 Secs. 9, 19 & 33 of B.P. Blg.129, as amended by RA 7691

BRING examples of:

 Complaint for Sum of Money
 Verified Answer

X. MANNER OF MAKING ALLEGATIONS

a) Alternative causes of actions or defenses
b) Conditions precedent
c) Capacity of the parties
d) General and Specific Averments
e) Specific denials
1. Effect of failure
f) Type of specific denials
g) Negative pregnant
h) Actionable documents
1. Requisites in denying actionable documents
2. Effect of failure
Benguet Exploration, Inc. v. CA, G.R. No. 117434, February 9,
2001

XI. AMENDED & SUPPLEMENTAL PLEADINGS

a) Kinds of amendments
Marcos-Araneta, et al. v. CA, G.R. No. 154096, August 22, 2008;
Alpine Lending Investors v. Corpuz, 508 SCRA 45
b) When made?
c) How filed?
d) Effects of amendment
e) Amendment during trial stage
1. General Rule
2. Exceptions
PNB v. Sps. Manalo, G.R. No. 174433, February 24, 2014
f) Difference between amended and supplemental pleadings
g) Effect of supplemental pleading
Young v. Spouses Sy, 534 Phil. 246
Ada, et al. v. Baylon, G.R. No. 182435, August 13, 2012

XII. SUMMONS
a) What is summons?
b) Who issues summons?
c) Who serves summons?
Manalo vs. Robles Trans. Co. Inc., 99 Phil 729
d) Issuance and service of summons after amendment
Vlason Enterprises Corp. v. CA, 310 SCRA 26
e) Kinds of service of summons
1. personal service
 Manuel v. Ong, G.R. No. 205249, October 15, 2014
2. substituted service
Manotoc v. CA, G.R. No. 130974, August 16, 2006; Alpine
Lending Investors v. Corpuz, 508 SCRA 45
3. extraterritorial service
f) How is summons served?
1. domestic private juridical entity
E.B. Villarosa & Partner, Ltd. v. Benito, 312 SCRA 65
Green Star Express, Inc. v. Nissin Universal Robina Corp., G.R.
No. 181517, July 6, 2015
2. defendant without juridical entity
3. foreign private juridical entity
4. public corporation
5. prisoner
6. minor or incompetent person
7. identity or whereabout is unknown
8. resident but temporarily outside the Philippines
9. by publication
g) Voluntary appearance

XIII. BILL OF PARTICULARS OR DEFINITE STATEMENT

a) When to file?
b) When to comply?
c) When to file answer?
d) Effect of non-compliance or insufficient compliance

XIV. WHEN TO FILE RESPONSIVE PLEADINGS

a) What is an answer?
b) When to file an answer?
1. ordinary civil action
2. Summary Procedure and Small Claims cases
c) Computation of time
d) Forms of Defenses
e) Affirmative and Negative Defenses
f) Formalities required
g) Reply
1. When filed?
2. Effect of non-filing

XV. EFFECT OF FAILURE TO PLEAD

a) Effect of failure to raise defenses
1. General Rule
2. Exceptions
b) Default
1. When not allowed?
2. Effect on counter-claim
3. Effect on amended complaint
c) Remedy against an order of default
BDO-EPCI v. Transipek, G.R. No. 181235, July 22, 2009
d) Extension of time
e) Remedy against a judgment in default
Lina v. CA, 135 SCRA 637(?); Republic v. Sandiganbayan, 540
SCRA 431
XVI. FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER
PAPERS
a) How done?
b) Substituted service of pleadings and papers

XVII. RELATED TOPICS AND JURISPRUDENCE

 Rules 8 to 14
 Domagas v. Jensen, G.R. No. 158407, January 17, 2005

MEMORIZE:

 Rule 10 Sections 2 & 3

 Rule 14 Sections 6, 7, 11 & 20

BRING examples of:

 Motion to Declare Defendant in Default

 Motion to Set Aside Order of Default

XVIII. MOTIONS
a) What is a motion?
b) Contents of a motion
1. Notice of hearing
2. three-day notice rule
3. ten-day notice rule
4. Effects of non-compliance
c) Kinds of motions
1. ex-parte motion
2. litigated motion
d) Omnibus Motion Rule
e) Prohibited motions
1. Summary Procedure and Small Claims cases
2. Continuous Trial Guidelines
3. Writs of Amparo and Habeas Data
4. Environment cases

XIX. MOTION TO DISMISS

a) Grounds
1. Failure to state a cause of action v. Lack of cause of action
Heirs of Magdaleno Ypon v. Ricaforte, et al., G.R. No. 198680,
July 8, 2013
Zuñiga-Santos v. Santos-Gran, et al., G.R. No. 197380, October
8, 2014
2. When filed?
a. Exceptions
3. Remedies if denied
Alma Jose v. Javellana, G.R. No. 158239, January 25, 2012
4. Elements of res judicata
FELS Energy Inc. v. Province of Batangas
5. Laches as ground
Pineda v. Heirs of Eliseo Guevarra, 515 SCRA 627
6. Effect of failure to raise defense
a. Exceptions
XX. DISMISSAL OF ACTIONS
a) Noitce of dismissal
b) Dismissal after answer
c) Two-Dismissal Rule
d) Failure to prosecute

XXI. PRE-TRIAL
a) What to consider?
b) Purpose of Pre-Trial
Philam v. Enario. G.R. No. 182075
LCK Industries Inc., et al. v. Planters Development Bank, G.R. No.
170606, November 23, 2007
c) Duty to set case for pre-trial
A.M. No. 03-1-09-SC, July 13, 2004
d) Mandatory requirement
Sec. 2, Rule 18; Sec. 3, Supreme Court Circular No. 38-98, August
11, 1998; Republic Act No. 8493 – Speedy Trial Act
e) Effect of failure to appear
Citibank, N.A. v. Sps. Corpuz, G.R. No. 177133, July 31, 2009
Aguilar, et al. v. Lightbringers Credit Cooperative, G.R. No. 209605,
January 12, 2015
f) Effect of failure to file Pre-Trial brief
Durban Apartments Corp. v. Pioneer Insurance and Surety Corp.,
G.R. No. 179419, January 12, 2011

XXII. INTERVENTION
a) Complaint-in-intervention
1. When filed?
2. What to file?
b) Answer-in-intervention
1. When filed?

XXIII. CALENDAR OF CASES

a) Assignment of cases
b) Raffle

XXIV. SUBPOENA
a) Subpoena to prisoners
b) Quashal of subpoena
c) subpoena duces tecum
d) subpoena ad testificandum

XXVI. RELATED TOPICS AND JURISPRUDENCE

READ:

 Rules 15 to 22
 Soliman v. Fernandez, G.R. No. 176652, June 4, 2014
 Judicial Affidavit Rule, A.M. No. 12-8-8-SC, September 4, 2012
 A.M. No. 01-10-5-SC-PHILJA, October 16, 2001 (Mediation)
 A.M. No. 11-1-6-SC, January 11, 2011 (Judicial Dispute
Resolution)

MEMORIZE:
  Rule 15 Section 4
 Rule 16 Sections 1, 4
 Rule 17 Sections 1, 2 & 3

XXVII. RULES OF DISCOVERY

a) Deposition defined
Ayala Land, Inc. v. Tagle, et al., G.R. No. 153667, August 11, 2005
b) Purpose of deposition
Jonathan Landoil International Co., Inc. v. Sps. Mangudadatu, G.R.
No. 155010, August 16, 2004
c) Deposition pending action
1. When and how availed?
2. Before whom taken?
i. In the Philippines
ii. Foreign countries
a. letter rogatory
b. commission
d) Deposition before action
1. Venue
e) Deposition pending appeal
f) Non-applicability in criminal cases
Harry Go v. People, G.R. No. 185527, July 18, 2012
g) Interrogatories to Parties
h) Answer to interrogatories
1. When filed?
2. Formal requisites
i) Objections to interrogatories
1. When filed?
j) Admission by Adverse Party
k) Production or Inspection of Documents or Things
l) Physical and Mental Examination
m) Refusal to Comply with Modes of Discovery

XXVIII. TRIAL
a) Order of trial
1. Plaintiff’s evidence
2. Cross-examination
3. Defendant’s evidence
4. Formal Offer of Exhibits
5. Cross-examination
6. Formal Offer of Exhibits
7. Third-party, etc. defendant’s evidence
8. Formal Offer of Exhibits
9. Rebuttal evidence
10. Sur-rebuttal evidence
b) Consolidation and Severance
c) Trial with Assessor
d) Trial by Commissioner

XXIX. RULES ON SUMMARY PROCEDURE

a) Cases governed
b) Condition precedent
1. Effect of non-compliance
 c) When to file answer?
1. Remedy for failure to answer
2. Effect of failure to answer
d) Limitation on judgment when no answer is filed
e) Effect of failure to appear during preliminary conference
f) Prohibited pleadings
g) Judgment
h) Execution of judgment
i) Appeals
j) Forcible Entry and Unlawful Detainer
Rule 70
k) Accion interdictal v. Accion publiciana v. Accion reivindicatoria
l) Jurisdiction and venue
m) Forcible entry v. Unlawful detainer
n) Sufficiency of complaint for unlawful detainer
Fairland Knitcraft Corp. v. Po, G.R. No. 217694, January 27, 2016
o) Basis of judgment when no answer
p) Execution
1. How stayed?
q) Appeal
1. How stayed?

XXX. RULES ON SMALL CLAIMS CASES

a) Claims or demand governed
b) How commenced?
c) Venue
d) Dismissal of claims
e) Response and counterclaims
f) Prohibited motions
g) Decision
h) Remedy against the judgment

XXXI. DEMURRER TO EVIDENCE

a) When availed?
b) What ground?
c) Effect if granted
1. appeal
d) Effect if denied
1. appeal
e) Demurrer to evidence in criminal v. demurrer to evidence in civil
actions

XXXII. JUDGMENT ON THE PLEADINGS

a) When availed?
b) When not applicable

XXXIII. SUMMARY JUDGMENTS

a) Genuine issue
MARINA v. Marc Properties Corp., G.R. No. 173128
b) Who may file?

XXXIV. JUDGMENTS AND FINAL ORDERS

a) Judgment and Final Order defined
b) Judgment based on compromise agreements
 c) Judgment non pro tunc
d) Judgment sin perjuicio
e) Immutability of judgment
Peña v. GSIS, G.R. No. 159520, September 19, 2006, 502 SCRA
383
f) Doctrine of Judicial Stability or Non-interference
Panlilio v. Salonga, G.R. No. 113087, June 27, 1994; 233 SCRA
476, 481-482
g) Fallo vs. body of the decision
Gonzales v. Solid Cement Corp., et al., G.R. No. 198423, October
23, 2012
Armovit v. CA, et al., G.R. No. 154559, October 5, 2011

XXXV. NEW TRIAL AND RECONSIDERATION

a) When to avail?
b) Grounds
1. Motion for New Trial
2. Motion for Reconsideration
c) Effect of pro forma motion
d) Second motion
1. Motion for New Trial
2. Motion for Reconsideration

XXXVI. RELIEF FROM JUDGMENT

a) Grounds
b) Instances when remedy may be availed of
Francisco v. Puno, 108 SCRA 427
1. Supreme Court
2. Cases governed by Rules on Summary Procedure and
Procedure on Small Claims Cases
c) Where and when filed?
d) Who may file?
Alaban v. CA, 470 SCRA 697
e) Formal requirements
f) When to file answer to the petition?
g) Remedy if writ of execution already issued

XXXVII. EXECUTION
a) Execution as a matter of right
b) Discretionary execution
c) Execution pending appeal
d) Execution, how made?
e) Sale on execution
f) Terceria

XXXVIII. RELATED TOPICS AND JURISPRUDENCE

READ:

 Rules 23 to 39
 1991 Revised Rules on Summary Procedure
 Revised Rules of Procedure on Small Claims Cases (A.M. No. 08-
8-7-SC, as amended)
 A.M. No. 15-07-12-SC
  OCA Circular No. 161-2016

XXXIX. APPEAL
a) Basic principles
b) Doctrine of residual jurisdiction
c) MTC to RTC
Crisologo v. Daray, 562 SCRA 382
d) RTC to CA
1. Ordinary appeal (appeal by writ of error)
2. Petition for review
e) RTC to SC
1. Appeal by certiorari
2. What can be raised?
3. Factual issue bar rule
f) Dismissal of Appeal
1. Grounds
g) Withdrawal of appeal
1. matter of right
2. discretionary
h) Quasi-judicial bodies to CA
i) CSC to CA
j) NLRC to CA
St. Martin Funeral Homes v. NLRC, 295 SCRA 494
k) Doctrine of hierarchy of courts
l) Ombudsman to CA
m) CTA to CTA en banc
n) CTA en banc to SC
o) MTC/RTC to COMELEC
Relampayos v. COMELEC, 243 SCRA 690
p) COMELEC/COA to SC
q) CA to SC

XL. RELATED TOPICS AND JURISPRUDENCE

READ:

 Rules 40 to 45
 Rule 50
 A.M. No. 07-7-12-SC
 A.M. No. 99-2-01-SC, February 9, 1999
 A.M. No. 08-1-16-SC
 Neypes v. CA, 469 SCRA 633
 Imani v. Metrobank, 635 SCRA 357; Akang v. Municipality of
Isulan, G.R. No. 186014, June 26, 2013

XLI. ORIGINAL CASES FILED IN THE COURT OF APPEALS

a) Internal Business
1. CA v. SC
b) Oral argument
c) Judgment
d) Motion for Reconsideration / New Trial
e) Stay of execution
XLII. ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND
RESOLUTIONS
a) When may be availed?
People v. Bitanga, G.R. No. 159222, June 26, 2007
Galang v. CA, 472 SCRA 259
b) Grounds
c) Extrinsic fraud
Joven v. Calilung, 477 SCRA 470
1. Effect on prescriptive period
d) lack of jurisdiction
Tolentino v. Leviste, 443 SCRA 274
De Pedro v. Romasan Dev. Corp., G.R. No. 194751, November 26,
2014

XLIII. RELATED TOPICS AND JURISPRUDENCE

READ:

 Rules 46 to 55

CRIMINAL PROCEDURE

XLIV. INSTITUTION OF CRIMINAL ACTIONS

a. What is criminal procedure?
b. Where do criminal actions originate from?
c. How are criminal actions instituted?
1. Preliminary investigation required
2. Preliminary investigation not required
a) Metro Manila and other chartered cities
b) Other places
Uy v. Javellana, 694 Phil. 159; MTJ-07-1666, September 5,
2012
d. What is a complaint?
1. Where filed?
2. When filed?
3. What should be filed?
4. condition precedent
a) Effect of non-compliance
5. Who may institute?
6. Before whom should the complaint be subscribed and sworn to?
7. What else is required aside from jurat?
8. When deemed instituted?
9. Effect of institution
Zaldivia v. Reyes, Jr. 211 SCRA 277 (prescription of
ordinances)
People v. Pangilinan, G.R. No. 152662, June 13, 2012
(prescription of BP 22)
Sermonia v. CA, G.R. No. 109454, June 14, 1994

XLV. PRELIMINARY INVESTIGATION

a. What is preliminary investigation?
b. Is the right to preliminary investigation a substantive right?
c. Is it a constitutional right?
d. Effect on court’s jurisdiction
 Serapio v. Sandiganbayan, et al., G.R. Nos. 148468, 148769 and
149116, January 28, 2003
e. In what cases it is required?
f. When not required?
1. Summary investigation
g. Officers authorized to conduct preliminary investigation
A.M. No. 05-8-26-SC
1. Election offenses
Arroyo v. DOJ, G.R. No. 199082, September 18, 2012
People v. Inting, G.R. No. 88919, July 25, 1990
2. Ombudsman
Uy v. Sandiganbayan, G.R. No. 105965-70, March 20, 1991
h. Purpose of preliminary investigation
i. Procedure in preliminary investigation
1. right to cross-examine
j. Rights of the respondent during preliminary investigation
k. Due process of law
l. Distinguished from preliminary examination
m. Degree of evidence required
n. What is probable cause?
Unilever Phils., Inc. v. Tan, G.R. No. 179367, January 29, 2014
(probable cause)
1. Basis of probable cause
2. Findings of investigating prosecutor
People v. CA, G.R. No. 126005, January 21, 1999
(determination of probable cause)
o. Re-filing of the case after dismissal
p. Suspension of preliminary investigation
q. Inquest proceeding
1. Purpose of inquest proceeding
2. Waiver of Art. 125 RPC
3. bail pending proceedings

XLVI. REMEDIES AGAINST THE RESOLUTION

a. Motion for Reconsideration
1. Within what period?
2. Formal requisites
3. Condition precedent
b. Petition for Review
1. NCR
2. Regions
DOJ Department Cicrular No. 70-A, July 10, 2000
DOJ Department Circular No. 018-14, June 18, 2014
DOJ Department Circular No. 003, January 4, 2017
3. Period to file
4. Formal requisites
5. Condition precedent
c. Appeal to Office of the President
d. Appeal to the Court of Appeals
e. Petition for certiorari to Court of Appeals

XLVII. INFORMATION
a. What is an information?
b. What is required before an information may be filed in court?
 1. Can this be delegated?
Quisay v. People, G.R. No. 216920, January 13, 2016
c. Limitation of the information
d. Required certification
e. Sufficiency of information
Matrido v. People, G.R. No. 179061, July 13, 2009 (allegations in
the information)
Abanado v. Bayona, A.M. No. MTJ-12-1804, July 30, 2012
(attachments to the information)
1. authority of the officer
Cudia v. CA, 284 SCRA 173
f. Designation of the offense
g. Discrepancy in the designation and the body of the information
h. Amendment or substitution
Ricarze v. CA, 515 SCRA 302; Fronda-Baggao v. People, 539
SCRA 531
Teehankee, Jr. v. People, G.R. No. 103102, March 6, 1992

XLVIII. JURISDICTION
a. What is jurisdiction?
b. What confers jurisdiction
c. Waiver or stipulation
d. Venue of criminal actions
1. Committed in the Philippines
2. Committed in trains, aircrafts, vessel, etc.
3. Committed outside the Philippines
4. Continuing offenses
e. Exclusive original jurisdiction of the MTC
f. Jurisdiction of the Sandiganbayan
Hannah Eunice Serana vs. Sandiganbayan, G.R. No. 162059,
January 22, 2008
People v. Henry Go, G.R. No. 168539, March 25, 2014

RA 8249
g. Jurisdiction over specific cases
1. Drugs cases
Sec. 90, RA 9165, as amended
2. Libel
Art. 360, par. 3, RPC, as amended
3. Cybercrime (RA 10175)
Sec. 21, RA 10175
4. IPR and SEC cases

XLIX. PROSECUTION OF CIVIL ACTIONS

a. Waiver or reservation
1. When cannot?
b. Suspension of civil actions
1. Prejudicial question
c. Effect of death
People vs. Soria, G.R. No. 179031, February 24, 2014
d. Civil indemnity
Solidum v. People. GR 192123, March 10, 2014
Castillo v. Salvador, G.R. No. 191240, July 30, 2014
e. Payment of filing fees
 Manuel v. Judge Alfeche, Jr., et al., G.R. No. 115683, July 26, 1996

L. PROSECUTION OF CRIMINAL ACTIONS

a. Who must prosecute criminal actions?
Pinote v. Ayco, 477 SCRA 409
Jimenez v. Sorongon, G.R. No. 178607, December 5, 2012 (legal
standing)
b. Duty of the court upon filing of the information or complaint
1. Preliminary examination
Fenequito v. Vergara, Jr., 677 SCRA 113
2. Submission of additional evidence in court
3. Issuance of warrant of arrest
4. When not necessary?
c. Preliminary investigation after filing of the information
1. Distinguished from reinvestigation
2. when prohibited?

LI. INORDINATE DELAY

Tatad v. Sandiganbayan, G.R. No. 72335-39, March 21, 1988
People v. Sandiganbayan, et al., G.R. No. 188165

LII. RELATED READING:

Rules 110 to 112

People v. Tan, 549 SCRA 489
A.M. No. 05-8-26-SC
A.M. No. 99-1-13-SC March 1, 1999
OCA Circular No. 39-2002, August 21, 2002
Act No 3326, as amended

Memorize:

Sec. 1, Rule 112

Sec. 32, BP 129, as amended by RA 7691

LIII. ARREST

LIV. RELATED READING:

Rule 113
Comerciante v. People, G.R. No. 205926, July 22, 2015 (improper and
unpleasant movements)
People v. Molina, G.R. No. 133917, February 19, 2001 (reliable
information)
Luz v. People, 667 SCRA 421 (RA 4136)
Miclat, Jr. v. People, G.R. No. 176077, August 31, 2011 (plain view)
Antiquera v. People, G.R. No. 180661, December 11, 2013 (not in
plain view)
People v. Alvario, 275 SCRA 529 (fact of rape)
People v. Manlulu, G.R. No. 102140, April 22, 1994 (lapse of time/right
of the State)
People v. Calimlim, 416 Phil. 403 (illegality of arrest vs. validity of
judgment)
People v. Lacap, 368 SCRA 64 (buy-bust)
 People v. Vasquez, 724 Phil. 712; G.R. No. 200304, January 15, 2014
(buy-bust)
People v. Tampis, 455 Phil. 371 (waiver on validity of arrest)
Sec. 21 RA 9344

Memorize: Sec. 5, Rule 113

LV. BAIL

LVI. RELATED READING:

Rule 114
Atty. Serapio v. Sandiganbayan, G.R. No. 148468, January 28, 2003
(bail hearing; arraignment not required)
Government of Hong Kong Special Administrative Region v. Judge
Olalia, Jr.,
G.R. No. 153675, April 19, 2007 (bail in extradition case)
Zuño v. Cabebe, 486 Phil. 605 (mandatory hearing)
Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015 (bail: not
flight risk)
Leviste v. CA, 629 Phil. 587 (bail pending appeal)
OCA Circular No. 194-2018, September 10, 2018 (PHDO)

RIGHTS OF THE ACCUSED

RELATED READING:

Rule 115
Del Castillo v. People, 664 SCRA 430; G.R. No. 185128, January 30, 2012
(presumption of innocence; how to overcome)
Miguel v. Sandiganbayan, 675 SCRA 560; G.R. No. 172035, July 4, 2012 (right
to be heard)
People v. Lara, G.R. No. 199877, August 13, 2012 (right to counsel; when arises)
People v. Ayson, 175 SCRA 216; G.R. No. 85215, July 7, 1989 (right against
self-incrimination)
Villa v. Escalona II, et al., G.R. Nos. 178057 & 178080, February 1, 2012 (right to
speedy trial)

ARRAIGNMENT AND PLEA

People v. Pangilinan, G.R. No. 171020, March 14, 2007 (purpose of arraignment)
People v. Estomaca, G.R. Nos. 117485-86, April 22, 1996 (plea of guilty to
capital offense)

RELATED READING:

Rule 116

MOTION TO QUASH

When may be availed of?

What form is required?
What are the grounds?
Grounds not cited in the motion
Remedy if information is defective
Facts do not constitute an offense as a ground
Lack of preliminary investigation as ground
Basis of sufficiency of information as ground
Effect if motion is granted
When double jeopardy attaches?
When no double jeopardy?
Proper remedy when denied
Provisional Dismissal
Requisites of provisional dismissal
Purpose of notice to parties
Offended party
accused
When dismissal becomes permanent?
MTC
RTC
Reckoning date
Remedy of the offended party
Effect of permanent dismissal

RELATED READING:

Rules 116 to 117

Panaguiton v. DOJ, G.R. No. 167571, November 25, 2008

Antone v. Beronilla, G.R. No. 183824, December 8, 2010 (double jeopardy on
quashal)
People v. Lacson, G.R. No. 149453, April 1, 2003 (provisional dismissal)
William Co v. New Prosperity Plastic Products, G.R. No. 183994, June 30, 2014
(provisional dismissal)

PRE-TRIAL AND TRIAL

Matters to be considered
Mandatory in criminal cases
Effect of Pre-Trial Order
Effect of unsigned pre-trial order
Effect of failure to appear during pre-trial

RELATED READING:

Rules 118 to 119

People v. De Grano, G.R. No. 167710, June 5, 2009 (waiver of appearance)
Lee Pue Liong v. Chua Pue Chin Lee, G.R. No. 181658, August 7, 2013 (private
prosecutor)

JUDGMENT

NEW TRIAL OR RECONSIDERATION

RELATED READING:

Rules 120 to 121

APPEAL

What is an appeal?
What may be appealed?
Within what period may an appeal be taken?
Effect of appeal to those who did not appeal?

MTC
Appeal from dismissal by trial prosecutor
RTC
Ordinary
appellant’s brief
appellee’s brief
appellant’s reply
Petition for review
Extension of time
When petition for review not applicable
If penalty is death
CA
Dismissal of appeal
reversal or modification
conduct of trial or hearing
death penalty
Ombudsman
Sandiganbayan
SC

PROCEDURES

RTC and MTC

Exceptions
SC
deliberation
re-deliberation
in case of tie – acquitted

RELATED READING:

Rules 122 to 125

SEARCH AND SEIZURE

PROVISIONAL REMEDIES

RELATED READING:

Rules 126 to 127