<QUESTION>I. JURISDICTION: What confers jurisdiction?

<ANSWER> The law and the Constitution confer jurisdiction.

<QUESTION>: How is jurisdiction determined?

<ANSWER> Jurisdiction is determined by the allegations of the complaint.

<QUESTION>: May a special commercial court exercise jurisdiction over ordinary civil actions for
collection, specific performance, and damages?
<ANSWER> Yes. A court, although designated as a special commercial court, retains its general
jurisdiction to try ordinary civil cases. According to Gonzales, et al., v. GJH Land, Inc., a particular
branch which has been designated as a Special Commercial Court does not shed the RTC's general
jurisdiction over ordinary civil cases under the imprimatur of statutory law, i.e., Batas Pambansa
Bilang (BP) 129. The matter of whether the RTC resolves an issue in the exercise of its general
jurisdiction or of its limited jurisdiction as a special court is only a matter of procedure and has
nothing to do with the question of jurisdiction. [Ku v. RCBC Securities, G.R. No. 219491, October 17,
2018]

<QUESTION>: When can an action be the subject of a Summary Procedure?

<ANSWER> For Civil Cases: ● Within Metro Manila, when the claim does not exceed P200,000.00. ●
Outside Metro Manila, when the claim does not exceed P100,000.00 For Criminal Cases: ● Violations
of traffic laws, rules and regulations; ● Violations of the rental law; ● Violations of municipal or city
ordinances; ● All other criminal cases where the penalty prescribed by law for the offense charged is
imprisonment not exceeding six months, or a fine not exceeding (P1,000.00), or both, irrespective of
other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: Provided,
however, that in offenses involving damage to property through criminal negligence, this Rule shall
govern where the imposable fine does not exceed ten thousand pesos (P10,000.00).

<QUESTION>: When can an action be the subject of Small Claims?

<ANSWER> ● Within Metro Manila, if the claim does not exceed P400,000.00. ● Outside Metro
Manila, if the claim does not exceed P300,000.00.

<QUESTION>: Do the jurisdictional amounts for Summary Procedure and Small Claims conflict with
one another?
<ANSWER> No. The applicable rules shall be at the option of the complainant.

<QUESTION>: Should a court dismiss an action for payment of insufficient docket fees?
<ANSWER> No. Where the party does not deliberately intend to defraud the court in payment of
docket fees, and manifests its willingness to abide by the rules by paying additional docket fees when
required by the court, it may allow payment of the fee within a reasonable period of time, but in no
case beyond the applicable prescriptive or reglementary period. Notwithstanding the mandatory
nature of the requirement of payment of appellate docket fees, its strict application is qualified by the
following: first, failure to pay those fees within the reglementary period allows only discretionary, not
automatic, dismissal; second, such power should be used by the court in conjunction with its exercise
of sound discretion in accordance with the tenets of justice and fair play, as well as with a great deal
of circumspection in consideration of all attendant circumstances. [Reinoso v. Court of Appeals, G.R.
No. 116121, July 18, 2011] II. CAUSES OF ACTION

<QUESTION>: What are the requisites of a cause of action?

<ANSWER> The requisites of a cause of action are: a. a right in favor of the plaintiff by whatever
means and under whatever law it arises or is created; b. an obligation on the part of the named
defendant to respect or not to violate such right; and c. an act or omission on the part of such
defendant in violation of the right of the plaintiff or constituting a breach of the obligation of the
defendant to the plaintiff for which the latter may maintain an action for recovery of damages or
other appropriate relief [Anchor Savings Bank v. Furigay, G.R. No. 191178, 13 March 2013]

<QUESTION>: Distinguish Splitting of Cause of Action, Litis Pendencia and Forum Shopping
<ANSWER> Forum Shopping Splitting of Cause of Action Res Judicata Litis Pendentia multiple cases
multiple cases multiple cases same cause of action same cause of action same cause of action same
prayer same prayer different prayers same issues same issues previous case having been resolved the
other case/s is not yet resolved

<QUESTION> Can an ordinary civil action be joined with a special civil action?
<ANSWER> No. Actions governed by different rules cannot be joined and must be pursued separately.
[Rule 2, Sec. 5(b)]

<QUESTION> May the stipulation in the sales invoice serve as a basis for the venue of an action for a
sum of money?
<ANSWER> No. An instrument cannot be construed to stipulate on venue when such was not included
in the intention of its signatories. Thus, a sales invoice signed by representatives of either or both
parties, solely for the purpose of acknowledging receipt of goods, cannot bind the parties to
stipulations as to venue in case of civil action. [Hygienic Packaging Corporation v. Nutri-Asia, Inc., G.R.
No. 201302, January 23, 2019] The venue for collection of a sum of money is governed by Rule 4,
Section 2 of the Rules of Court. III. PARTIES

<QUESTION> Who is an Indispensable Party?

<ANSWER> Parties in interest without whom no final determination can be had of an action. [Rule 3,
Sec. 7]

<QUESTION> What would happen if an Indispensable Party was not impleaded in the case?
<ANSWER> 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
plaintiff’s failure to comply with the order.
[Rule 3, Sec. 11; Divinagracia v. Parilla, G.R. No. 196750 (2015)]

<QUESTION> When can a Class Suit be filed?

<ANSWER> 1. The subject matter of controversy is one of common or general interest to many
persons 2. The parties affected are so numerous that it is impracticable to bring them all to court; and
3. The parties bringing the class suit are sufficiently numerous or representative of the class and can
fully protect the interests of all concerned. [Banda v. Ermita, G.R. No. 166620 (2010)]

<QUESTION> When can there be Substitution of Parties?

<ANSWER> 1. By reason of death of a party to an action [Rule 3, Sec. 16] 2. By reason of resignation or
cessation of holding of office [Rule 3, Sec. 17] 3. By reason of transfer of interest [Rule 3, Sec. 19] IV.
SUMMONS

<QUESTION> When is there failure of service of summons?

<ANSWER> There is failure of service after unsuccessful attempts to personally serve the summons on
the defendant in his address indicated in the complaint. [Rule 14, Sec. 4]

<QUESTION> When is substituted service of summons allowed?

<ANSWER> It is allowed if, for justifiable causes, the defendant cannot be served personally after at
least 3 attempts on 2 different dates. It may be effected by: 1. By leaving copies of the summons at
the defendant’s residence to a person at least 18 years of age and of sufficient discretion residing
therein; 2. By leaving the copies of the summons at the defendant’s office or regular place of business
with some competent person in charge thereof. 3. By leaving copies of the summons, if refused entry
upon making his or her authority and purpose known, with any of the officers of the homeowners'
association or condominium corporation, or its chief security officer in charge of the community or
the building where the defendant may be found; and 4. By sending an electronic mail to the
defendant's electronic mail address, if allowed by the court. [Rule 14, Section 6]

<QUESTION> When can the plaintiff serve summons?

<ANSWER> 1. When there is failure of service of summons by the sheriff, his or her deputy, or other
court officer — the court may authorize the plaintiff to serve summons together with the sheriff. 2.
Where summons is to be served outside the judicial region of the court where the case is pending —
plaintiff alone shall be authorized to cause the service of summons. [Rule 14, Sec. 3]

<QUESTION> When is extraterritorial service of summons allowed?

<ANSWER> Extraterritorial service is allowed in the following instances: 1. The action affects the
personal status of the plaintiff; 2. The action relates to, or the subject of which is the property within
the Philippines on which the defendant has or claims a lien or interest, actual or contingent; 3. The
action in which the relief demanded consists, wholly or in part, in excluding the defendant from any
interest therein; and 4. When the property of the defendant has been attached in the Philippines [NM
Rothschild & Sons (Australia) Ltd. v. Lepanto Consolidated Mining Co., G.R. No. 175799 (2011)]

<QUESTION> How is service on a foreign juridical entity registered in the Philippines made?
<ANSWER> Service shall be made on its: 1. Resident agent designated in accordance with law for that
purpose; 2. If there be no such agent, on the government official designated by law to that effect; or
3. On any of its officers or agents, directors or trustees within the Philippines [Rule 14, Section 14]

<QUESTION> How is service on a foreign private juridical entity NOT registered in the Philippines
made?
<ANSWER> Service may, with leave of court, be effected outside of the Philippines through any of the
following me
<ANSWER> 1. By personal service coursed through the appropriate court in the foreign country with
the assistance of the Department of Foreign Affairs; 2. By publication once in a newspaper of general
circulation in the country where the defendant may be found and by serving a copy of the summons
and the court order by registered mail at the last known address of the defendant; 3. By facsimile; 4.
By electronic means with prescribed proof of service; or 5. By such other means as the court may in
its discretion direct. [Rule 14, Section 14] V. PLEADINGS AND MOTIONS

<QUESTION> What is presumptive service?

<ANSWER> There shall be presumptive service of a notice to a party of a court setting in the following
instances: (1) Addressee is in the same judicial region of the court where the case is pending – if such
notice appears on the records to have been mailed at least 20 calendar days prior to the scheduled
date of hearing (2) Addressee is from outside the judicial region of the court where the case is
pending – if such notice appears on the records to have been mailed at least 30 calendar days prior to
the scheduled date of hearing. [Rule 13, Sec. 10]

<QUESTION> What are the contents of a pleading?

<ANSWER> Under Rule 7, Section 2, the body of the pleading sets forth: 1. Its designation 2. The
allegations of the party’s claims or defenses 3. The relief prayed for, and 4. The date of the pleading.
In addition, under Rule 7, Section 6, every pleading stating a party’s claims or defenses shall state: a.
Names of witnesses who will be presented to prove a party's claim or defense; b. Summary of the
witnesses' intended testimonies, provided that the judicial affidavits of said witnesses shall be
attached to the pleading and form an integral part thereof; and c. Documentary and object evidence
in support of the allegations contained in the pleading. [Rule 7, Sec. 6]

<QUESTION> What are affirmative defenses?

<ANSWER> An allegation of a new matter which, while hypothetically admitting the material
allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her.
[Rule 6, Sec. 5(b)]

<QUESTION> What affirmative defenses may be raised in an Answer?

<ANSWER> 1. Fraud 2. Statute of limitations 3. Release 4. Payment 5. Illegality 6. Statute of Frauds 7.
Estoppel 8. Former recovery 9. Discharge in bankruptcy
10. Any other matter by way of confession or avoidance 11. No subject matter jurisdiction 12. Litis
pendentia 13. Res judicata [Rule 6, Sec. 5(b)]
<QUESTION> What is the effect of failure to raise an affirmative defense?
<ANSWER> Failure to raise shall be deemed a waiver of the affirmative defense. [Rule 9, Sec. 1]

<QUESTION> Is a defendant allowed to file a motion to dismiss?

<ANSWER> Yes, but only for the following grounds: (1) that the court has no jurisdiction over the
subject matter of the claim; (2) that there is another action pending between the same parties for the
same cause; and (3) that the cause of action is barred by a prior judgment or by the statute of
limitations. [Rule 15, Sec. 12 (a)]

<QUESTION> What does the signature of a lawyer in a pleading represent?

<ANSWER> It is a certificate by him or her that: 1. He or she has read the pleading and document 2.
To the best of his or her knowledge, information, and belief formed after an inquiry reasonable under
the circumstances: a. It is not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation b. The claims, defenses, and other legal
contentions are warranted by existing law or jurisprudence, or by a non-frivolous argument for
extending, modifying, or reversing existing jurisprudence; c. The factual contentions have evidentiary
support or, if specifically so identified, will likely have evidentiary support after availment of the
modes of discovery under the Rules; and d. The denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably based on belief or a lack of information. [Rule
7, Sec. 3]

<QUESTION> What Modes of Filing are allowed by the Court and when are they deemed filed?
<ANSWER> 1. Personal filing – the date that the Court that the pleading is received. 2. Registered Mail
– the date of mailing. 3. Accredited Courier – the date it is brought to the courier for filing. 4.
Electronic mail or other electronic means as may be authorized by the court – the date of
transmission. [Rule 13, Sec. 3]

<QUESTION> What Modes of Service are allowed by the Court?

<ANSWER> 1. Personal service 2. Registered mail 3. Accredited courier 4. Electronic mail 5. Facsimile
transmission 6. Other electronic means as may be authorized by the court or as provided for in
international conventions to which the Philippines is a party [Rule 13, Sec. 5]

<QUESTION> What is the omnibus motion rule?

<ANSWER> Subject to the provisions of Section 1 of Rule 9, a motion attacking a pleading, order,
judgment, or proceeding shall include all objections then available, and all objections not so included
shall be deemed waived [Rule 15, Sec. 9]. VI. PRE-TRIAL

<QUESTION> When must the court issue the Pre-Trial Notice?

<ANSWER> Within 5 days after the last responsive pleading has been served and filed. [Rule 18, Sec.
1]

<QUESTION> When must the Court schedule the Pre-trial Conference?

<ANSWER> No later than 60 days from the filing of the last responsive pleading. [Rule 18, Sec. 1]

<QUESTION> Who must be present at the Pre-trial Conference?

<ANSWER> The Plaintiff/s and their Counsel, and the Defendant/s and their Counsel. [Rule 18, Sec. 4]

<QUESTION> What is the effect of the failure to submit a Pre-Trial Brief?

<ANSWER> The party who fails to submit a Pre-trial Brief within the prescribed period shall be
deemed to be absent at the Pre-trial Conference. [Rule 18, Sec. 6]

<QUESTION> What is the effect of non-appearance without just cause of a party and counsel in the
pre-trial?
<ANSWER> The failure without just cause of a party and counsel to appear during pre-trial, despite
notice, shall result in a waiver of any objections to the faithfulness of the reproductions marked, or
their genuineness and due execution. [Sec. 2, Rule 18] Furthermore, the failure of the plaintiff and
counsel to appear without valid cause when so required, shall cause the dismissal of the action. A
similar failure on the part of the defendant and counsel shall be cause to allow the plaintiff to present
his or her evidence ex-parte within ten (10) calendar days from termination of pre-trial, and the court
to render judgment on the basis of the evidence offered. [Sec. 5, Rule 18]

<QUESTION> May the court render Judgment after Pre-Trial?

<ANSWER> Yes. Should the court find that there are no controverted facts, no genuine issue, the
court may motu proprio incorporate in the Pre-Trial Order that case will be submitted for judgment
on the pleadings or summary judgment. Within 90 days from termination of Pre-trial, the court must
render judgment. [Rule 18, Sec. 10] VII. MODES OF DISCOVERY

<QUESTION> What are the uses of a deposition?

<ANSWER> 1. To impeach a witness. 2. To include a person’s testimony in evidence when the
deponent is more than 100 kilometers from place of hearing or is out of the Philippines, UNLESS it
appears that his or her absence was procured by the party offering the deposition 3. To include a
person’s testimony in evidence when: a. The deponent is dead b. The deponent is unable to attend or
testify because of age, sickness, infirmity, or imprisonment c. The party offering the deposition has
been unable to procure the attendance of the witness by subpoena. [Rule 23, Sec. 4]

<QUESTION> What are the grounds to oppose the taking of a deposition?

<ANSWER> 1. Lack of relevance 2. The intended subject matter of the deposition is covered by
privileged communications 3. The taking of deposition is intended to oppress, annoy, or embarrass
the deponent.

<QUESTION> What are the grounds for quashing a subpoena?

<ANSWER> A subpoena may be quashed: ● For subpoena duces tecum - a. Unreasonable, oppressive,
irrelevant ● For subpoena ad testificandum - a. Witness is not bound thereby, b. The witness fees and
kilometrage were not tendered when the subpoena was served [Sec. 4, Rule 21]

<QUESTION> Where should a petition to take deposition before action be filed?

<ANSWER> The verified petition shall be filed in the court of the place of the residence of any
expected adverse party [Sec. 1, Rule 24].

<QUESTION> When can a physical and mental examination of persons be ordered by the court?
<ANSWER> In an action in which the mental or physical condition of a party is in controversy, the
court in which the action is pending may in its discretion order him or her to submit to a physical or
mental examination by a physician. [Sec. 1, Rule 28] VIII. TRIAL, JUDGMENT, AND POST-JUDGMENT
REMEDIES

<QUESTION> What are the allowable grounds for motion for postponement?
<ANSWER> The allowable grounds are: (1) Acts of God; (2) Force majeure; (3) Physical inability of the
witness to appear and testify. [Rule 15, Sec. 12(f)]

<QUESTION> How may Final Judgments be served?

<ANSWER> Final Judgments may be served by Personal Service and Registered Mail ONLY. However, a
party can apply ex-parte for service of Final Judgment by Accredited Courier costs of which will be
shouldered by the requesting party. Final Judgments may be served by publication if the party was
previously summoned by publication, at the expense of the prevailing party. [Rule 13, Sec. 13]

<QUESTION> What is the effect of granting demurrer to evidence?

<ANSWER> If the demurrer is granted, the case shall be dismissed. However, if, on appeal, the order
granting the motion is reversed, the defendant loses his right to present evidence [Sec. 1, Rule 33,
Rules of Court; Republic v. Tuvera, 516 SCRA 113, 136]

<QUESTION> What is the difference between demurrer in a civil case and demurrer in a criminal case?
<ANSWER> The difference between demurrer in a civil case and demurrer in a criminal case are: 1. In
a civil case, leave of court is not required before filing a demurrer. In a criminal case, a demurrer is
filed with or without leave of court [Sec. 23, Rule 119, Rules of Criminal Procedure]. 2. In a civil case, if
the demurrer is granted, the order of dismissal is appealable [Sec. 1, Rule 33, Rules of Court]. In a
criminal case, the order of dismissal is not appealable because of the constitutional policy against
double jeopardy. The dismissal is equivalent to the acquittal of the accused. 3. In a civil case, if the
demurrer is denied, the defendant may proceed to present his evidence [Sec. 1, Rule 33, Rules of
Court]. In a criminal case, the accused may adduce his evidence only if the demurrer is filed with leave
of court. He cannot present his evidence if he filed the demurrer without leave of court [Sec. 23, Rule
119, Rules of Court]. 4. In a civil case, the court cannot, on its own, make a demurrer. In a criminal
case, the court may do so [Sec. 23, Rule 119, Rules of Court].

<QUESTION> What are the grounds for new trial?

<ANSWER> The following are the grounds for new trial: a. Fraud, accident, mistake or excusable
negligence which ordinary prudence could not have guarded against and by reason of which such
aggrieved party has probably been impaired in his rights; and b. Newly discovered evidence, which he
could not, with reasonable diligence, have discovered, and produced at the trial, and which if
presented would probably alter the result. [Sec 1, Rule 37]

<QUESTION> What are the grounds for a motion for reconsideration?

<ANSWER> The grounds for reconsideration are: a. The damages awarded are excessive; b. That the
evidence is insufficient to justify the decision or final order, or c. That the decision or final order is
contrary to law [Sec. 1, Rule 37].

<QUESTION> Which court has exclusive jurisdiction over actions to annul judgments of the RTC?

<ANSWER> It is the Court of Appeals that has exclusive original jurisdiction over actions for
annulment of judgments of the Regional Trial Court [Sec. 1, Rule 47; Sec. 9(2), B.P. 129]

<QUESTION> When is the remedy of annulment of judgments available?

<ANSWER> It is available if the ordinary remedies of new trial, appeal, petition for relief, or other
appropriate remedies are no longer available through no fault of the petitioner. [Sec. 1, Rule 47].
However, it is not a substitute for a lost appeal. [Mercado v. Security Bank, G.R. No. 160445 (2006)] If
the loss of the remedy of appeal is due to the party’s and his former counsel’s fault, the remedy is not
available. [Sps Sanchez v. Vda de Aguilar, G.R. No. 228680 (2018)]

<QUESTION> What are the grounds for annulment of judgment of a Regional Trial Court?
<ANSWER> Annulment of judgment may be based on the ground of (1) extrinsic fraud; or (2) lack of
jurisdiction [Sec. 2, Rule 47]

<QUESTION> What is the effect of the action to annul judgment?

<ANSWER> A judgment of annulment shall set aside the questioned judgment or final order or
resolution and render the same null and void, without prejudice to the original action being refiled in
the proper court. However, where the judgment or final order or resolution is set aside on the ground
of extrinsic fraud, the court may on motion order the trial court to try the case as if a timely motion
for new trial had been granted therein. [Sec. 7, Rule 47] The prescriptive period for the refiling of the
aforesaid original action shall be deemed suspended from the filing of such original action until the
finality of the judgment of annulment. However, the prescriptive period shall not be suspended
where the extrinsic fraud is attributable to the plaintiff in the original action [Sec. 8, Rule 47] IX.
APPEAL

<QUESTION> What are the modes of appeal?

<ANSWER> The modes of appeal are: 1. Ordinary appeals from decisions rendered by the MTC [Rule
40] and the RTC [Rule 41] in the exercise of original jurisdiction 2. Petition for review under Rule 42,
for cases decided by RTC in exercise of appellate jurisdiction. 3. Petition for review under Rule 43,
from awards, judgments, final orders or resolutions of or authorized by any quasi- judicial entity in the
exercise of its quasi- judicial functions 4. Petition for review on certiorari under Rule 45, from
judgments or final orders or resolutions of the CA, the Sandiganbayan, the RTC or other courts
whenever authorized by law, for cases where only questions of law are raised or involved.

<QUESTION> Distinguish a Rule 45 Petition for Review on Certiorari and a Rule 65 Petition for
Certiorari.
<ANSWER>Petition for Review Petition for Certiorari Appeal Original Action Hierarchy of courts apply
Pure question of law Grave Abuse of Discretion, amounting to excess or lack of jurisdiction 15 days
reglementary period, allowed extension of 30 days 60 days reglementary period, no extensions
allowed, except for compelling reasons There is no plain speedy remedy

<QUESTION> What is the fresh period rule?

<ANSWER> To standardize the appeal periods provided in the Rules and to afford litigants fair
opportunity to appeal their cases, the Court deems it practical to allow a fresh period of 15 days
within which to file the notice of appeal, counted from the receipt of the order dismissing a motion
for new trial or motion for reconsideration
[Neypes v. CA, G.R. No. 141524, September 14, 2005]. Note: This is applicable to: ● Rule 40 governing
appeals from the MTCs to the RTCs ● Rule 41 governing appeals from the RTCs to CA ● Rule 42 on
petitions for review from the RTCs to the CA ● Rule 43 on appeals from quasi-judicial agencies to the
CA, and ● Rule 45 governing appeals by certiorari to the SC [Ibid]

<QUESTION> When may a court grant a motion for execution pending appeal?
<ANSWER> The Court may grant a motion for execution pending appeal while it has jurisdiction over
the case and is in possession of either the original record or the record on appeal, at the time of the
filing of such motion. It can do so even before the expiration of the period to appeal. [Sec. 2(a), Rule
39]. The prevailing party may file a motion for execution pending appeal with the court that rendered
the judgment before it loses jurisdiction over the case or the subject matter thereof. [Abe Ind Inc. v.
IAC] X. PROVISIONAL REMEDIES

<QUESTION> When may Preliminary Attachment be applied for and on what grounds?
<ANSWER> It may be filed at the commencement of the action or at any time before entry of
judgment, on the following grounds: a. In an action for the recovery of a specified amount of money
or damages, other than moral and exemplary, on a cause of action arising from law, contract, quasi-
contract, delict or quasi-delict against a party who is about to depart from the Philippines with intent
to defraud his creditors b. In an action for money or property embezzled or fraudulently misapplied or
converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor,
broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary
capacity, or for a willful violation of duty; c. In an action to recover the possession of property unjustly
or fraudulently taken, detained or converted, when the property, or any part thereof, has been
concealed, removed, or disposed of to prevent its being found or taken by the applicant or an
authorized person; d. In an action against a party who has been guilty of a fraud in contracting the
debt or incurring the obligation upon which the action is brought, or in the performance thereof; e. In
an action against a party who has removed or disposed of his property, or is about to do so, with
intent to defraud his creditors; or f. In an action against a party who does not reside and is not found
in the Philippines, or on whom summons may be served by publication [Rule 57, Sec. 1] XI. SPECIAL
CIVIL ACTIONS

<QUESTION> What are the requisites of a valid certiorari?

<ANSWER> The requisites of a valid certiorari petition are:1. The petition is directed against a tribunal,
board or officer exercising judicial or quasi-judicial functions; 2. Such tribunal, board or officer has
acted without or in excess of jurisdiction or with grave abuse of discretion; and 3. There is neither
appeal nor any plain, speedy and adequate remedy in the ordinary course of law for the purpose of
annulling or modifying the proceeding. There must be capricious, arbitrary and whimsical exercise of
power for it to prosper [Rule 65, Sec. 1]

<QUESTION> What are the requisites of a valid mandamus?

<ANSWER> The requisites of a valid mandamus are:
1. There must be a clear legal right to the act demanded; 2. It must be the duty of the defendant to
perform the act because it is mandated by law; 3. The defendant unlawfully neglects the performance
of the duty enjoined by law; 4. The act to be performed is ministerial, not discretionary; and 5. There
is no appeal or other plain, speedy and adequate remedy in the ordinary course of law [Rule 65, Sec.
3]

<QUESTION> What are the requisites of a valid prohibition?

<ANSWER> The requisites of a valid prohibition are: (1) The impugned act must be that of a tribunal,
corporation, board or person; (2) The respondent must be exercising judicial, quasi-judicial functions
or ministerial functions; (3) Respondents acted without or in excess of its jurisdiction or with grave
abuse of discretion amounting to lack of jurisdiction; and (4) There must be no appeal or other plain,
speedy and adequate remedy [Sec. 2, Rule 65].

<QUESTION> Who may file a Quo Warranto Petition? 1. As a general rule, the government through
the OSG if directed by the president, the OSG upon sufficient complaint, and the OSG upon the
relation of another person, “a relator”. In the third case, OSG can ask the Court if they could file the
action. 2. The person who was dispossessed of government office or government office was usurped.

<QUESTION> Against whom may a quo warranto petition be brought?

<ANSWER> A quo warranto petition may be brought against: 1. A person who usurps, intrudes into, or
unlawfully holds or exercises a public office, position, or franchise; Note: Sec. 2, Article XI of the
Constitution allows the institution of a quo warranto action against an impeachable officer. After all, a
quo warranto petition is predicated on grounds distinct from those of impeachment. The former
questions the validity of a public officer’s appointment while the latter indicts him for so-called
impeachable offenses without questioning his title to the office he holds [Republic v. Sereno, G.R. No.
237428 (2018)] 2. A public officer who does or suffers an act, which, by the provision of law,
constitutes a ground for forfeiture of office; or 3. An association which acts as a corporation within
the Philippines without being legally incorporated or without lawful authority so to act. [Sec. 1, Rule
66]

<QUESTION> What are the two stages in every action for expropriation?
<ANSWER> The two stages in an expropriation suit are: 1. The stage dealing with the propriety of
expropriation. This stage involves the determination of the authority of the plaintiff to exercise the
power of eminent domain and the propriety of its exercise in the context of the facts involved in the
suit. It ends with an order of dismissal or order of condemnation declaring that the plaintiff has a
lawful right to take the property sought to be condemned, for the public use or purpose described in
the complaint, upon the payment of just compensation to be determined as of the date of the filing of
the complaint. 2. The second stage, which deals with the payment of just compensation. This stage
involves the determination by the Court of "the just compensation for the property sought to be
taken” with the assistance of not more than three (3) commissioners. [Municipality of Biñan v. Judge
Garcia, G.R. No. 69260 (1989)]

<QUESTION> When does taking in an expropriation case occur?

<ANSWER> There is taking when the expropriator enters private property not only for a momentary
period but for a more permanent duration for the
purpose of devoting the property to a public use in such a manner as to oust the owner and deprive
him of all the beneficial enjoyment thereof. [Republic v. Sarabia, G.R. No. 157847 (2005)] CRIMINAL
PROCEDURE XII. INFORMATION

<QUESTION> When may the Criminal Information be Amended?

<ANSWER> 1. Before the Accused enters a plea, matters of form and substance may be amended.
NOTE: for any amendment which downgrades the nature of the offense charged in or excludes any
accused from the complaint, it must be made upon the motion of the prosecution with notice to the
offended party and with leave of court. 2. After the Accused enters a plea, the only amendment
allowed is on matters of form as long as it would not prejudice the rights of the accused. [Rule 110,
Sec. 14] XIII. PRELIMINARY INVESTIGATION
<QUESTION> What is a preliminary investigation?
<ANSWER> It is an inquiry to determine whether there is sufficient ground to engender a well-
founded belief that a crime was probably committed, and the accused is probably guilty thereof. [Rule
112, Sec. 1] XIV. ARREST

<QUESTION> Can the Ombudsman issue a warrant of arrest?

<ANSWER> No. Only courts can issue a warrant of arrest. [See Rule 112, Sec. 6]

<QUESTION> When can there be an arrest without a warrant?

<ANSWER> An officer of the peace or a private person may arrest a person without a warrant when:
1. The latter has committed, or is attempted or committing a crime in their presence; 2. The latter has
just committed a crime and the former has probable cause to believe based on personal knowledge of
facts and circumstances that such person to be arrested committed it. 3. The latter escaped lawful
detention or imprisonment. [Rule 113, Sec. 5] XV. BAIL

<QUESTION> When is bail a matter of right?

<ANSWER> 1. In the MTC, before and after conviction 2. In RTC, before conviction and the penalty is
not death, life imprisonment, reclusion perpetua [Rule 114, Sec. 4]

<QUESTION> When is bail a matter of discretion?

<ANSWER> 1. NEVER in MTC. 2. In RTC, after conviction during pendency of appeal (Leviste vs.
Alameda). Provided: the convicted person is NOT a flight risk, habitual delinquent, recidivist, quasi-
recidivist, or has violated condition of parole or conditional pardon. [Rule 114, Sec. 5]

<QUESTION> Which offenses are non-bailable?

<ANSWER> Those whose penalties are death, life imprisonment, reclusion perpetua. (Examples:
Plunder, Murder, Rape, Large-Scale Estafa) [Rule 114, Sec. 7]

<QUESTION> Is the grant of bail ABSOLUTELY prohibited in cases for non-bailable offenses?
<ANSWER> No. The accused may file a Petition for Bail which the court may act upon AFTER
ARRAIGNMENT on the GROUND that the PROSECUTION’S EVIDENCE IS NOT STRONG. Under the 2017
Guidelines on Continuous Trial, the Court shall order a BAIL HEARING where the PROSECUTION has
the burden to establish that the EVIDENCE OF GUILT IS STRONG. The court must resolve the Petition
within a period of 30 days from termination of the bail hearing. [See also People v. Tanes, G.R. No.
240596 (2019)]
XVI. DEMURRER TO EVIDENCE

<QUESTION> What is the effect of filing a Demurrer to Evidence without leave of court in a criminal
case?
<ANSWER> If the demurrer is denied, the presentation of evidence of the Accused shall not be
allowed and the court will render judgment. [Rule 119, Sec. 23] XVII. PROMULGATION OF JUDGMENT

<QUESTION> What is the effect of the failure of the Accused to appear at promulgation despite due
notice?
<ANSWER> It shall constitute a waiver of his remedies from judgment, UNLESS he appears before the
court to explain the reason for his absence, and EXCEPT for persons accused of light offenses who
may send a representative to appear at promulgation. [Rule 120, Sec. 5] XVIII. SEARCHES AND
SEIZURES

<QUESTION> What are the requisites for a valid search warrant?

<ANSWER> 1. Probable cause is present 2. Such probable cause must be determined personally by the
judge 3. The judge must examine, in writing and under oath or affirmation, the complainant and the
witnesses he or she may produce 4. The applicant and the witnesses testify on the facts personally
known to them; and 5. The warrant specifically describes the place to be searched and the things to
be seized. [Rule 126, Sec. 4 and 5; People v. Mamaril, G.R. No. 147607 (2004)] EVIDENCE XIX.
DOCUMENTARY EVIDENCE
<QUESTION> When can the Original Document Rule be dispensed with?
<ANSWER> 1. When the original is lost or destroyed, or cannot be produced in court, without bad
faith on the part of the offeror 2. When the original is in the custody or under the control of the party
against whom the evidence is offered, and the latter fails to produce it after reasonable notice, or the
original cannot be obtained by local judicial processes or procedures 3. When the original consists of
numerous accounts or other documents which cannot be examined in court without great loss of time
and the fact sought to be established from them is only the general result of the whole 4. When the
original is a public record in the custody of a public officer or is recorded in a public office; and 5.
When the original is not closely-related to a controlling issue. [Rule 130, Sec. 3] SPECIAL
PROCEEDINGS XX. WRITS OF HABEAS CORPUS, AMPARO, AND HABEAS DATA

<QUESTION> What is the coverage of habeas corpus?

<ANSWER> Extends to all cases of illegal confinement or detention by which any person is deprived of
his liberty, or by which the rightful custody of any person is withheld from the person entitled
thereto. [Sec. 1, Rule 102]

<QUESTION> What is the Rule on Writ of Habeas Corpus In Relation To Custody of Minors?
<ANSWER> Rule applies to petitions for custody of minors and writs of habeas corpus in relation
thereto. The Rules of Court apply suppletorily. [Sec. 1, A.M. No. 03-04-04-SC] In custody cases
involving minors, the writ of habeas corpus is prosecuted for the purpose of determining the right of
custody over a child.

<QUESTION> Where is a petition for the issuance of a Writ of Habeas Corpus In Relation To Custody of
Minors filed?

<ANSWER> A verified petition shall be filed with the Family Court of the province or city where the
petitioner resides or where the minor may be found, or with the CA or the SC. The writ is returnable
to the Family Court, or to any regular court within the judicial region where the petitioner resides or
where the minor may be found, for hearing and decision on the merits. Upon return of the writ, the
court shall decide the issue on custody of minors. [Sec. 20]

<QUESTION> When is an application for a writ of Habeas Corpus in Relation to Custody of Minors
granted?
<ANSWER> The grant of the writ depends on the concurrence of the following requisites: (1) that the
petitioner has the right of custody over the minor; (2) that the rightful custody over the minor is being
withheld from the petitioner by the respondents; and (3) that it is to the best interest of the minor
concerned to be in the custody of petitioner and not that of the respondents [Masbata v. Relucio, G.R.
No. 235498 (2018)]

<QUESTION> What is the writ of habeas data?

<ANSWER> The writ of habeas data is a remedy available to any person whose right to privacy in life,
liberty or security is violated or threatened by an unlawful act or omission of a public official or
employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or
information regarding the person, family, home and correspondence of the aggrieved party. [Sec. 1,
A.M. No. 08-1-16-SC]

<QUESTION> Who can file for a writ of habeas data?

<ANSWER> Any aggrieved party may file a petition. However, in cases of extralegal killings and
enforced disappearances, the petition may be filed by (successive): 1. Any member of the immediate
family of the aggrieved 2. Any ascendant, descendant or collateral relative of the aggrieved party
within the fourth civil degree of consanguinity or affinity [Sec. 2, Ibid.]

<QUESTION> What is a writ of amparo?

<ANSWER> It is a remedy available to any person whose right to life, liberty, and security has been
violated or is threatened with violation by a public official or employee or a private individual or a
private individual or entity. The writ covers extralegal killings and enforced disappearances or threats
thereof. [Sec. 1, A.M. No. 07-9-12-SC]
<QUESTION> Who can file for a writ of amparo?
<ANSWER> The aggrieved party or by any qualified person or entity in the following order: (1) Any
member of the immediate family; (2) Any ascendant, descendant or collateral relative of the
aggrieved within the 4th civil degree of affinity or consanguinity; (3) Any concerned citizen,
organization, association or institution. Filing by the aggrieved suspends the right of all others [Sec. 2]

<QUESTION> What are the interim reliefs available to the petitioner in a writ of amparo case?
<ANSWER> The interim reliefs available are: (a) Temporary Protection Order – Issued upon motion or
motu proprio (b) Inspection Order – Issued only upon verified motion and after due hearing. Directed
to any person in possession or control of a designated land or other property, to permit entry for the
purpose of inspecting, measuring, surveying, or photographing the property or any relevant object or
operation thereon. Note: Expires within 5 days after the day of its issuance, unless extended for
justifiable reasons [Sec. 14(b)] (c) Production Order – Issued only upon verified motion and after due
hearing. Directed to any person in possession, custody or control of any designated documents,
papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or
electronic
form which constitute or contain evidence relevant to the petition or the return, to produce and
permit their inspection, copying or photographing by or on behalf of the movant. (d) Witness
protection order – Issued upon motion or motu proprio

<QUESTION> What are the interim reliefs available to the respondent?

<ANSWER> The interim reliefs available are: (a) Inspection Order; (b) Production Order [Sec. 15]

<QUESTION> What are the differences between the writ of amparo and writ of habeas data? WRIT OF
AMPARO WRIT OF HABEAS DATA A person’s right to life, liberty, and security is violated or threatened
violation by unlawful acts of a public officer or employee, or a private person and entity When a
person’s right to privacy in life, liberty, and security is violated or threatened violation by unlawful
acts of a public officer, including private person and entity, in gathering, collecting, storing data and
those of his immediate family Who may file? Member of the Immediate Family, spouse, children,
parents Ascendant Descendants or collateral relatives within the 4th degree of consanguinity or
affinity Member of the Immediate Family, spouse, children, parents Ascendant Descendants or
collateral relatives within the 4th degree of consanguinity or affinity Concerned Citizens/Organi
Concerned Citizens/Organi zations -ONLY when there is no KNOWN member of the family or relative
of the aggrieved. But filing by the Aggrieved suspends all other applications zations -ONLY when there
is no KNOWN member of the family or relative of the aggrieved. But filing by the Aggrieved suspends
all other applications Where to file? RTC, enforceable only within judicial region SB,CA, SC –
enforceable all over the country RTC, where petitioner or respondent resides, where the place where
the data is gathered, collected or stored. * SB,CA, SC – enforceable all over the country, when it
involves data in government offices Filing Fees? No payment of docket fees or other lawful fees Yes,
docket fees must be paid How served? PERSONAL. SUBSTITUTED SERVICE PERSONAL. SUBSTITUTED
SERVICE XXI. RULES ON ENVIRONMENTAL CASES

<QUESTION> What is the precautionary principle?

<ANSWER> It states that when human activities may lead to threats of serious and irreversible
damage to the environment that is scientifically plausible but uncertain, actions shall be taken to
avoid or diminish that threat. [Sec. 4, Rule 1, A.M. No. 09-6-8-SC]

<QUESTION> Who may file a case for violations of Environmental Laws? Any real party-in-interest,
including: 1. Government and juridical entities authorized by law [A.M. No. 09-6-8-SC, Sec. 4] 2. Any
Filipino citizen in representation of others including those yet unborn in a citizen suit. [Ibid, Sec 5]

<QUESTION> What is a strategic lawsuit against public participation (SLAPP)?

<ANSWER> This refers to an action whether civil, criminal or administrative, brought against any
person, institution or any government agency or local government unit or its officials and employees,
with the intent to harass, vex, exert undue pressure or stifle any legal recourse that such person,
institution or government agency has taken or may take in the enforcement of environmental laws,
protection of the environment or assertion of environmental rights. [Sec. 4, Rule 1, A.M. No. 09-6-8-
SC]

<QUESTION> What is a writ of kalikasan?

<ANSWER> The writ is a remedy available to a natural or juridical person, entity authorized by law,
people’s organization, non-governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose constitutional right to a balanced
and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a
public official or employee, or private individual or entity, involving environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two or more cities or
provinces. [Sec. 1, Rule 7, A.M. No. 09-6-8- SC]

<QUESTION> What is the writ of continuing mandamus?

<ANSWER> It is a writ issued by a court in an environmental case directing any agency or
instrumentality of the government or officer thereof to perform an act or series of acts decreed by
final judgment which shall remain effective until judgment is fully satisfied. [Sec. 4, Rule 1, A.M. No.
09-6-8-SC]

<QUESTION> What is the main difference between a writ of kalikasan and a writ of continuing
mandamus?
<ANSWER> A writ of kalikasan is available against an unlawful act or omission of a public official or
employee, or private individual or entity, involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces [Sec. 1, Rule 7,
A.M. No. 09-6-8-SC] On the other hand, a writ of continuing mandamus is directed against: (1) the
unlawful neglect in the performance of an act specifically enjoined by law in connection with the
enforcement/ violation of an environmental rule or, (2) the unlawful exclusion of another from the
use or enjoyment of such right and in both instances, there is no other plain, speedy and adequate
remedy in the ordinary course of law. [Sec. 1, Rule 8, A.M. No. 09-6-8-SC]