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 This work is the intellectual property of the SAN BEDA COLLEGE
ALABANG SCHOOL OF LAW and SAN BEDA COLLEGE ALABANG
CENTRALIZED BAR OPERATIONS 2023. It is intended solely for the
use of the individuals to which it is addressed – the Bedan
community.

Publication, reproduction, dissemination, and distribution, or

copying of the document without the prior consent of the SAN BEDA
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OPERATIONS ACADEMICS COMMITTEE 2023 is strictly prohibited.

Material includes both cases penned by Justice Hernando and recent

landmark cases decided by the Supreme Court.

COPYRIGHT © 2023
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SAN BEDA COLLEGE ALABANG SCHOOL OF LAW CENTRALIZED BAR OPERATIONS 2023
ALL RIGHTS RESERVED BY THE AUTHORS.

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GENERAL PRINCIPLES
Substantive law vs. Remedial Law
Rule-making Power of the Supreme Court
Power to amend and suspend the rules
Principle of Judicial Hierarchy
Rule for Judicial Hierarchy
Doctrine of Non-Interference/Judicial Stability
Classification of Jurisdiction
1. Original vs. Appellate
2. General vs. Special
3. Exclusive vs. Concurrent
4. Doctrine of Continuity of Jurisdiction
5. Aspects of Jurisdiction
a. Jurisdiction over the Parties
b. Jurisdiction over the issues
c. Jurisdiction over the Res
Jurisdiction vs. Exercise of Jurisdiction
Jurisdiction vs. Venue
Jurisdiction over cases covered by Barangay Conciliation, Small
Claims Cases and cases covered by Summary Procedure

JURISDICTION OF COURTS

CIVIL PROCEDURE
A. General provisions (Rule 1)
B. Kinds of Action
C. Cause of action (Rule 2)
D. Parties to civil actions (Rule 3)
E. Venue (Rule 4)
F. Pleadings
Kinds (Rule 6)
Summary of Periods on When to File Responsive Pleadings
Parts and Contents of a pleading (Rule 7)
Pleading an Actionable Document
How to Contest an Actionable document
Specific Denials
Affirmative Defenses (Rule 6, Sec. 5)
Effect of failure to plead (Rule 9)
Amended and supplemental pleadings (Rule 10)
Bill of Particulars (Rule 12)

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G. Filing and service of pleadings, judgments, final orders, and resolutions
Proper manner of filing pleadings and other court submissions
Modes of service of pleadings
Completed Service
Effects of non-payment
H. Summons (Rule 14)
I. Motions
Non-litigious motions (Rule 15, Sec. 4)
Litigious motions
Prohibited Motions (Rule 15, Sec. 12)
Omnibus Motion Rule
J. Dismissal of Actions
When is there a dismissal with prejudice?
Other Dismissals with prejudice
When is there a dismissal without prejudice?
Two-dismissal Rule
K. Pre-trial (Rule 18)
Contents of Notice of Pre-Trial
Valid excuses for failure of a party or a counsel to appear in Court
Contents of a pre-trial brief
Effect of failure to appear during pre-trial
Contents of the pre-trial order
Distinction of Pre-trial in Criminal and Civil Cases
L. Intervention (Rule 19)
M. Subpoena (Rule 21)
N. Computation of time (Rule 22)
O. Modes of discovery
Depositions (Rules 23 and 24)
Interrogatories to parties (Rule 25)
Admission by Adverse Party (Rule 26)
Production or Inspection of Documents or Things (Rule 27)

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P. Trial (Rule 30)
Q. Consolidation or severance (Rule 31)
R. Demurrer to Evidence (Rule 33)
S. Judgments and final orders
1. Judgment on the pleadings (Rule 34)
2. Summary judgments (Rule 35)
T. Motion for New Trial or Reconsideration
Rule 37
Essential requisites of a Motion for New Trial
Formal requisites of a Motion for Reconsideration
Remedy against denial and fresh-period rule
U. Execution, satisfaction, and effect of judgments (Rule 39)

V. Appeals; General Principles

Nature of the right to appeal
Judgments and finals orders subject to appeal (Revised Rules of Court,
Rule 41, Sec. 1 Par. 1).
Matters not appealable; available remedies

W. Post-judgment remedies other than appeal

1. Petition for relief from judgment (Rule 38)
2. Annulments of judgment by the Court of Appeals (Rule 47)
3. Collateral attack on judgments, when proper

X. APPEALS IN CIVIL PROCEDURE: MODES OF APPEAL FROM JUDGMENTS

OR FINAL ORDERS OF VARIOUS COURTS/TRIBUNALS
1. Rule 40 – Appeal from Municipal Trial Courts to the Regional Trial Courts
2. Rule 41 – Appeal from the Regional Trial Courts
3. Rule 42 – Petition for Review from the Regional Trial Courts to the Court of
Appeals
4. Rule 43 – Appeals from the Court of Tax Appeals, Civil Service
Commission, and Quasi-Judicial Agencies
5. Rule 45 – Appeals by Certiorari to the Supreme Court
6. Rule 64 – Review of judgments or final orders of the Commission on Audit
and the Commission on Elections

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Y. APPEALS IN CRIMINAL CASES: MODES OF APPEAL FROM JUDGMENTS
OR FINAL ORDERS OF VARIOUS COURTS/TRIBUNALS

Z. PROCEDURE IN THE COURT OF APPEALS

1. Rule 44 – Ordinary Appealed Cases
2. Rule 46 – Original Cases
3. Rule 47 – Annulment of Judgments or Final Orders and Resolutions
4. Rule 50 – Dismissal of Appeal
5. Rule 51 – Judgment; harmless error
6. Rule 53 – New Trial

AA. PROCEDURE IN THE SUPREME COURT

1. Rule 56-A – Original Cases
2. Rule 56-B – Appealed Cases

PROVISIONAL REMEDIES
A. Nature, purpose, and jurisdiction over provisional remedies
B. Preliminary attachment (Rule 57)
C. Preliminary injunction (Rule 58)
D. Receivership (Rule 59)
E. Replevin (Rule 60)

SPECIAL CIVIL ACTIONS

A. Interpleader (Rule 62)
B. Declaratory relief and similar remedies (Rule 63)
C. Prohibition, Certiorari, and Mandamus 61
D. Quo warranto (Rule 66)
E. Expropriation
F. Foreclosure of real estate mortgage
G. Partition (Rule 69)
H. Forcible entry and unlawful detainer
I. Contempt (Rule 71)

SPECIAL PROCEEDINGS AND SPECIAL WRITS

A. Settlement of estate of deceased persons
Venue and process (Rule 73)
Summary settlement of estates (Rule 74)
Allowance or disallowance of wills (Rule 76)

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 Claims against the estate (Rule 86)
Payment of the debts of the estate (Rule 88)
Sales, mortgages, and other encumbrances of property of decedent (Rule
89)
Distribution and partition (Rule 90)
B. Escheat (Rule 91)
C. Guardianship
Appointment of guardians (Rule 93)
General powers and duties of guardians (Rule 96)
Termination of guardianship (Rule 97)
D. Writ of Habeas Corpus
E. Change of name (Rule 103)
F. Cancellation or Correction of entries in the Civil Registry (Rule 108)
G. Clerical error law (RA 9048)
H. Writ of Amparo (A.M. No. 07-9-12-SC)
I. Writ of Habeas Data (A.M. No. 08-1-16-SC)
J. Rules of Procedure on Environmental Cases (A.M. No. 09-6-8-SC)

CRIMINAL PROCEDURE
A. General matters
1. Criminal jurisdiction; concept and requisites for exercise
2. When injunction may be issued
B. Prosecution of offenses (Rule 110)
C. Prosecution of civil action (Rule 111)
D. Preliminary Investigation
E. Arrest (Rule 113)
F. Bail (Rule 114)
G. Arraignment and plea (Rule 116)
H. Motion to quash (Rule 117)
I. Pre-trial (Rule 118)
J. Trial (Rule 119)
K. Judgment (Rule 120)
L. Motion for New Trial or Reconsideration (121)
M. Search and seizure (Rule 126)

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N. Provisional remedies in criminal cases (Rule 127)
O. Revised Guidelines on Continuous Trial (A.M. No. 15-06-10-SC)
P. The Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC)

EVIDENCE
A. General concepts
1. Proof vs. evidence
2. Burden of proof vs. burden of evidence
3. Equipoise Rule
B. Admissibility of Evidence
1. Requisites for admissibility of evidence
2. Relevance of Evidence and Collateral Matters
3. Multiple Admissibility
4. Conditional Admissibility
5. Curative Admissibility
6. Direct and Circumstantial Evidence
7. Positive and Negative Evidence
8. Competent and Credible Evidence
C. Judicial Notice and Judicial Admissions (Rule 129)
D. Object (Real) Evidence (Rule 130, A)
E. Documentary Evidence (Rule 130, B)
1. Definition
2. Original Document Rule
3. Secondary Evidence
4. Parol Evidence
F. Testimonial Evidence (Rule 130, C)
G. Presentation of evidence (Rule 132)
1. Examination of witnesses
2. Authentication and proof of documents
3. Offer and objection
H. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
I. Weight and sufficiency of evidence (Rule 133)
J. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

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REMEDIAL LAW
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FAQs
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 GENERAL PRINCIPLES
the purpose of determining the issue of
the children's custody. Drylvik counters
that the issue had been disposed of in the
PRINCIPLE OF JUDICIAL HIERARCHY
divorce decree, thus constituting res
judicata.
Should Drylvik's motion to dismiss be
QUESTION. What is the doctrine of
granted? (2018 Bar Question)
hierarchy of courts? (2017 Bar Question)

SUGGESTED ANSWER:
SUGGESTED ANSWER:
No, the motion to dismiss cannot be granted.
The doctrine of hierarchy of courts provides
that where there is a concurrence of In Roehr v. Rodriguez (G.R. No. 142820, 20
jurisdiction by courts over an action or June 2003), the Supreme Court ruled that
proceeding, there is an ordained sequence of divorce decrees obtained by foreigners in
other countries are recognizable in our
recourse to such courts beginning from the
jurisdiction, but the legal effects thereof,
lowest to the highest. A direct invocation of
e.g. on custody, care and support of the
the Supreme Court's original jurisdiction children, must still be determined by our
should be allowed only when there are courts. Before our courts can give the effect
special and important reasons therefore. of res judicata to a foreign judgment, such
[Montes v. Court of Appeals, G.R. No. as the award of custody of the children, it
143797, 4 May 2006] must be shown that the parties opposed to
the judgment had been given ample
───※ ·❆· ※─── opportunity to do so on grounds allowed
under Rule 39, Section 50 of the Rules of
Court.
RES JUDICATA
Rule 39, Section 50 states that “[i]n case of a
judgment against a person, the judgment is
QUESTION. Drylvik, a German national, presumptive evidence of a right as between
married Dara, a Filipina, in Dusseldorf, the parties and their successors in interest by
Germany. When the marriage collapsed, a subsequent title; but the judgment may be
Dara filed a petition for declaration of repelled by evidence of a want of
nullity of marriage before the RTC of jurisdiction, want of notice to the party,
Manila. Drylvik, on the other hand, was collusion, fraud, or clear mistake of law or
able to obtain a divorce decree from the fact.” Thus, in actions in personam, a foreign
German Family Court. The decree, in judgment merely constitutes prima facie
essence, states: evidence of the justness of the claim of a
party and, as such, is subject to proof to the
The marriage of the Parties contracted on contrary.
xxx before the Civil Registrar of
Dusseldorf is hereby dissolved. The In this case, the divorce decree issued by the
parental custody of the children Diktor German Family Court merely constitutes
and Daus is granted to the father. prima facie evidence and it must be proven
that Dara was given the opportunity to
Drylvik filed a motion to dismiss in the challenge the judgment of the German court
RTC of Manila on the ground that the court so that there is basis for declaring that
no longer had jurisdiction over the matter judgment as res judicata with regard to the
as a decree of divorce had already been rights of petitioner to have parental custody
promulgated dissolving his marriage to of their two children.
Dara. Dara objected, saying that while she
was not challenging the divorce decree,
the case in the RTC still had to proceed for

1
 Section 8, Rule 40 of the Rules of Civil Procedure,
JURISDICTION
if an appeal is taken from an order of the MTC
dismissing the case without a trial on the merits,
REGIONAL TRIAL COURT the RTC may affirm or reverse it, as the case may
be. In case of affirmance and the ground of
dismissal is lack of jurisdiction over the subject
QUESTION. Estrella was the registered owner matter, the RTC, if it has jurisdiction thereover,
of a huge parcel of land located in a remote shall try the case on the merits as if the case was
part of their barrio in Benguet. However, when originally filed with it. In case of reversal, the
she visited the property after she took a long case shall be remanded for further proceedings.
vacation abroad, she was surprised to see that In the case at hand, the RTC did not have
her childhood friend, John, had established a jurisdiction over the cases since it is an
vacation house on her property. Both Estrella ejectment suit cognizable exclusively by the MTC.
and John were residents of the same barangay. The assessed value of the and is irrelevant for the
purpose of determining jurisdiction in ejectment
To recover possession, Estrella filed a suits and would not oust the MTC of jurisdiction
complaint for ejectment with the Municipal in the same manner as allegations of ownership
Trial Court (MTC), alleging that she is the true would not oust the MTC of jurisdiction. Hence,
owner of the land as evidenced by her the RTC should have reversed the dismissal order
certificate of title and tax declaration which and remanded the case to the MTC for further
showed the assessed value of the property as proceedings.
P21,000.00. On the other hand, John refuted
Estrella’s claim of ownership and submitted in ───※ ·❆· ※───
evidence a Deed of Absolute Sale between him
and Estrella. After the filing of John’s answer,
the MTC observed that the real issue was one MUNICIPAL TRIAL COURT
of ownership and not of possession. Hence, the
MTC dismissed the complaint for lack of QUESTION. Estrella was the registered owner
jurisdiction. of a huge parcel of land located in a remote
part of their barrio in Benguet. However, when
On appeal by Estrella to the Regional Trial she visited the property after she took a long
Court (RTC), a full-blown trial was conducted vacation abroad, she was surprised to see that
as if the case was originally filed with it. The her childhood friend, John, had established a
RTC reasoned that based on the assessed value vacation house on her property. Both Estrella
of the property, it was the court of proper and John were residents of the same barangay.
jurisdiction. Eventually, the RTC rendered a
judgment declaring John as the owner of the To recover possession, Estrella filed a
land and, hence, entitled to the possession complaint for ejectment with the Municipal
thereof. Trial Court (MTC), alleging that she is the true
owner of the land as evidenced by her
(B) Was the RTC correct in ruling that based on certificate of title and tax declaration which
the assessed value of the property, the case showed the assessed value of the property as
was within its original jurisdiction and, hence, P21,000.00. On the other hand, John refuted
it may conduct a full-blown trial of the Estrella’s claim of ownership and submitted in
appealed case as if it was originally filed with evidence a Deed of Absolute Sale between him
it? Why or why not? (2014 Bar Question) and Estrella. After the filing of John’s answer,
the MTC observed that the real issue was one
SUGGESTED ANSWER: of ownership and not of possession. Hence, the
No, the RTC was not correct in ruling that based MTC dismissed the complaint for lack of
on the assessed value of the property, the case jurisdiction.
was within its original jurisdiction and hence, it
may conduct a full-blown trial of the appealed On appeal by Estrella to the Regional Trial
case as if it was originally filed with it. Under Court (RTC), a full-blown trial was conducted

2
as if the case was originally filed with it. The SUGGESTED ANSWER:
RTC reasoned that based on the assessed value No, Kin Il Chong cannot move to dismiss the
of the property, it was the court of proper complaint on the ground of lack of jurisdiction.
jurisdiction. Eventually, the RTC rendered a
judgment declaring John as the owner of the Settled is the rule in Civil Procedure that an
land and, hence, entitled to the possession action for specific performance and damages is
thereof. incapable of pecuniary estimation that falls
under the jurisdiction of the RTC.
(A) Was the MTC correct in dismissing the
complaint for lack of jurisdiction? Why or why Here, the action is for specific performance and
not? (2014 Bar Question) damages which is incapable of pecuniary
estimation. Thus, the complaint falls squarely
SUGGESTED ANSWER: within the jurisdiction of the RTC, rendering the
No, the MTC was not correct in dismissing the motion to dismiss without merit.
case for lack of jurisdiction. In the case of Subano
v. Vallecer, it was held that an allegation of ───※ ·❆· ※───
ownership as a defense in the answer will not
oust the MTC of jurisdiction in an ejectment case.
JURISDICTION OVER CASES COVERED BY
What determines subject-matter jurisdiction is
BARANGAY CONCILIATION, SMALL CLAIMS
the allegations in the complaint and not those in
CASES, AND CASES COVERED BY SUMMARY
the answer. Furthermore, under Section 16, Rule
PROCEDURE
70 of the Rules of Court, the MTC is empowered
to resolve the issue of ownership albeit for the
purpose only of resolving the issue of possession. QUESTION. Danica obtained a personal loan of
PhP 180,000 from Dinggoy, payable in 18 equal
───※ ·❆· ※─── monthly installments of PhP 10,000 until fully
paid. In order to complete her payment at an
earlier date, Danica instead paid PhP 20,000
INCAPABLE OF PECUNIARY ESTIMATION
monthly, and continued doing so until the 15th
month, which payments Dinggoy all accepted.
QUESTION. Prince Chong entered into a lease Later on, she realized that she had overpaid
contract with King Kong over a commercial Dinggoy by 100% as she should have already
building where the former conducted his completed payment in nine (9) months. She
hardware business. The lease contract demanded the return of the excess payment,
stipulated, among others, a monthly rental of but Dinggoy completely ignored her. Thus,
P50,000.00 for a four (4)-year period Danica availed of the Rules of Procedure for
commencing on January 1, 2010. On January Small Claims Cases by filing before the
1, 2013, Prince Chong died. Kin Il Chong was Municipal Trial Court (MTC) a statement of
appointed administrator of the estate of claim, together with the required documents.
Prince Chong, but the former failed to pay the
rentals for the months of January to June Should the MTC proceed with the case under
2013 despite King Kong’s written demands. the: (i) Revised Rules Summary Procedure; (ii)
Thus, on July 1, 2013, King Kong filed with the the Rules of Procedure for Small Claims; or (iii)
Regional Trial Court (RTC) an action for the regular procedure for civil cases? (2018
rescission of contract with damages and Bar Question)
payment of accrued rentals as of June 30,
2013. SUGGESTED ANSWER:
1) The MTC should proceed with the case under
Can Kin Il Chong move to dismiss the the Revised Rules of Summary Procedure.
complaint on the ground that the RTC is According to Rule 1, Section 1 of the Rules of
without jurisdiction since the amount claimed Expedited Procedure in First Level Courts
is only P300,000.00? (2014 Bar Question) (A.M. No. 08-8-7-SC), civil actions and
complaints for damages, where the claim do

3
 not exceed Php 2,000,000 shall be governed same promissory note previously executed by
by the Rules on Summary Procedure. In this the latter. In opposing the motion of Elise to
case, the total amount of claims does not dismiss the second action on the ground of
exceed Php 2,000,000. Therefore, MTC may splitting of a single cause of action, Merchant
proceed with the case under the Rules of Bank argued that the ground relied upon by
Summary Procedure. Elise was devoid of any legal basis considering
that the two actions were based on separate
2) The MTC should not proceed with the case contracts, namely, the contract of loan
under the Rules of Procedure for Small evidenced by the promissory note, and the
Claims. deed of real estate mortgage. Is there a
splitting of a single cause of action? Explain
Under Section 5 of the said rules, a demand your answer. (2017 Bar Question)
or claim for money which does not arise from
contract are not covered by it. Damages SUGGESTED ANSWER:
arising from quasi-contract are not included Yes, there is a splitting of a single cause of
under the coverage of the said rules. action. Under the Rules of Civil Procedure, there
is a splitting of a single cause of action if two or
Here the claim or demand does not arise from more suits are instituted on the basis of the same
contract but from a quasi-contract of solutio cause of action. [S4 R2]. A cause of action is the
indebiti. The overpayment has been made by act or omission by which a party violates a right
mistake. Therefore, the case should not of another. [S2 R2]. Here, both suits, the
proceed under the Rules of Procedure under foreclosure and the collection suit, arose from
Small Claims [Art 2154, Civil Code]. the same cause of action, that is, the
non-payment by Elise of her P3 million loan from
3) Since the present case is covered under the Merchant Bank. The fact that the two actions
Rules of Summary Procedure, regular were based on separate contracts is irrelevant,
procedure for civil cases should only apply what matters is that both actions arose from the
suppletorily if the Rules of Summary same cause of action.
Procedure is silent on the matter.
───※ ·❆· ※───
───※ ·❆· ※───
JOINDER AND MISJOINDER OF ACTION
CIVIL PROCEDURE

QUESTION. Lender extended to Borrower a

CAUSE OF ACTION (RULE 2) P100,000.00 loan covered by a promissory
note. Later, Borrower obtained another
P100,000.00 loan again covered by a
SPLITTING A SINGLE CAUSE OF ACTION promissory note. Still later, Borrower obtained
a P300,000.00 loan secured by a real estate
mortgage on his land valued at P500,000.00.
QUESTION. Elise obtained a loan of P3 Million Borrower defaulted on his payments when the
from Merchant Bank. Aside from executing a loans matured. Despite demand to pay the
promissory note in favor of Merchant Bank, P500,000.00 loan, Borrower refused to pay.
she executed a deed of real estate mortgage Lender, applying the totality rule, filed against
over her house and lot as security for her Borrower with the Regional Trial Court (RTC)
obligation. The loan fell due but remained of Manila, a collection suit for P500,000.00.
unpaid; hence, Merchant Bank filed an action Did Lender correctly apply the totality rule
against Elise to foreclose the real estate and the rule on joinder of causes of action?
mortgage. A month after, and while the (2015 Bar Question)
foreclosure suit was pending, Merchant Bank
also filed an action to recover the principal SUGGESTED ANSWER:
sum of P3 Million against Elise based on the

4
Yes, Lender correctly applied the totality rule and to whom he mortgaged the property as duly
the rule on joinder of causes of action. Under the annotated in the TCT, was not impleaded as
rule on joinder of causes of action, a party may in defendant. (2015 Bar Question)
one pleading assert as many causes of action as
he may have against an opposing party. Under b.) If the case should proceed to trial without
the totality rule, where the claims in all the Grieg being impleaded as a party to the case,
causes of action are principally for recovery of what is his remedy to protect his interest?
money, the aggregate amount claimed shall be
the test of jurisdiction. Here the causes of action SUGGESTED ANSWER:
by Lender are all against the borrower and all the The remedy of Grieg is to file a motion for leave
claims are principally for recovery of money. to intervene. Under Rule 19, a person who has a
Hence the aggregate amount claimed, which is legal interest in the matter in litigation may
P500,000 shall be the test of jurisdiction and thus intervene in the action. Here Grieg is a
it is the RTC of Manila which has jurisdiction. mortgagee and such a fact was annotated in the
Although the rules on joinder of causes of action title. Hence he has a legal interest in the title
state that the joinder shall not include special subject-matter of the litigation and may thus
civil actions, the remedy resorted to with respect intervene in the case.
to the third loan was not foreclosure but
collection. Hence the joinder of causes of action ───※ ·❆· ※───
would still be proper.
EFFECT OF DEATH OF A PARTY
───※ ·❆· ※───

QUESTION. Chika sued Gringo, a Venezuelan,

PARTIES TO CIVIL ACTION (RULE 3)
for a sum of money. The Metropolitan Trial
Court of Manila (MeTC) rendered a decision
QUESTION. A bought a Volvo Sedan from ABC ordering Gringo to pay Chika P50,000.00 plus
Cars for P 5.0M. ABC Cars, before delivering to legal interest. During its pendency of the
A, had the car rust proofed and tinted by XYZ appeal before the RTC, Gringo died of acute
Detailing. When delivered to A, the car's hemorrhagic pancreatitis. Atty. Perfecto,
upholstery was found to be damaged. ABC Cars counsel of Gringo, filed a manifestation
and XYZ Detailing both deny any liability. Who attaching the death certificate of Gringo and
can A sue and on what cause(s) of action? informing the RTC that he cannot substitute
Explain. (2012 Bar Question) the heirs since Gringo did not disclose any
information on his family. As counsel for Chika,
SUGGESTED ANSWER: what remedy can you recommend to your
A should sue ABC Cars. The Rules of Court client so the case can move forward and she
provides that only real party in interest should be can eventually recover her money? Explain.
impleaded in a civil action. In this case, Article (2016 Bar Question)
1170 of the Civil Code provides that those who
contravene the tenor of the obligation are liable SUGGESTED ANSWER:
for damages. Here, it is ABC Corporation who The remedy I can recommend to my client Chika
agreed to deliver the Volvo Sedan in the contract is to file a petition for settlement of the estate of
to A, free from any damage or defects. Gringo and for the appointment of an
Therefore, it is ABC Cars, and not XYZ Detailing administrator. Chika as a creditor is an interested
who is liable for any breach arising from the person who can file the petition for settlement of
contract. Thus, A should sue ABC Cars. Gringo’s estate. Once the administrator is
" appointed, I will move that the administrator be
───※ ·❆· ※─── substituted as the defendant. I will also file my
claim against Gringo as a contingent claim in the
QUESTION. Strauss filed a complaint against probate proceedings pursuant to Rule 86 of the
Wagner for cancellation of title. Wagner Rules of Court
moved to dismiss the complaint because Grieg,

5
 QUESTION. A, a resident of Quezon City, wants
VENUE (RULE 4)
to file an action against B, a resident of Pasay,
to compel the latter to execute a Deed of Sale
QUESTION. After working for 25 years in the covering a lot situated in Marikina and that
Middle East, Evan returned to the Philippines transfer of title be issued to him claiming
to retire in Manila, the place of his birth and ownership of the land. Where should A file the
childhood. Ten years before his retirement, he case? Explain. (2012 Bar Question)
bought for cash in his name a house and lot in
Malate, Manila. Six months after his return, he SUGGESTED ANSWER:
learned that his house and lot were the subject A should file the case in Marikina. Rule 4, Section
of foreclosure proceedings commenced by ABC 1 of the Rules of Court provides that the venue
Bank on the basis of a promissory note and a for a real action must be in the place where the
deed of real estate mortgage he had allegedly real property involved, or a portion thereof, is
executed in favor of ABC Bank five years situated. In the case of Sps. Trayvilla v. Sejas, it
earlier. was held that an action for specific performance
would still be considered a real action where it
Knowing that he was not in the country at the seeks the conveyance or transfer of real property,
time the promissory note and deed of or ultimately, the execution of deeds of
mortgage were supposedly executed, Evan conveyance of real property (Sps. Trayvilla v.
forthwith initiated a complaint in the RTC of Sejas, 1 February 2016. Del Castillo, J.). Here,
Manila praying that the subject documents be the case which A seeks to file is a real action as A
declared null and void. also seeks the transfer of title of the lots in his
favor. Hence, the venue must be in the place
ABC Bank filed a motion to dismiss Evan's where the real property involved, or a portion
complaint on the ground of improper venue on thereof, which is in Marikina.
the basis of a stipulation in both documents
designating Quezon City as the exclusive venue ───※ ·❆· ※───
in the event of litigation between the parties
arising out of the loan and mortgage.
KINDS OF PLEADINGS (RULE 6)
Should the motion to dismiss of ABC Bank be
granted? Explain your answer. (2017 Bar QUESTION. Mr. H filed a complaint against Mr.
Question) I to recover the amount of ₱500,000.00 based
on their contract of services. In his answer, Mr.
SUGGESTED ANSWER: I admitted that he has yet to pay Mr. H for his
No. The motion to dismiss ABC Bank should not be services based on their contract but
granted nevertheless, interposed a counterclaim
alleging that Mr. H still owed him rental
In a case involving similar facts, the Supreme arrearages for the lease of his apartment also
Court held that a party Is not bound by a venue amounting to ₱500,000.00.
stipulation where he directly assails on the
ground of forgery, the validity of the contracts It has come to Mr. H's attention that Mr. I did
containing the venue stipulation. not pay any filing fees when he filed his
answer. As such, Mr. H moved to dismiss the
The reason is that such a party cannot be counterclaim. In response to Mr. H's motion,
expected to comply with the venue stipulation Mr. I averred that the non-payment of filing
since his compliance therewith would mean an fees was purely based on inadvertence and
implicit recognition of the validity of the that the said filing fees had already been paid
contracts he assails. (Briones v. Cash Asia Credit as of date, as evinced by the official receipt
Corp., 14 January 2015. Perlas-Bernabe. J .] issued by the clerk of court therefor.

───※ ·❆· ※───

6
(a) What is the nature of Mr. l's counterclaim? proceedings, rendered a decision granting the
Is the payment of filing fees required for such complaint and ordering Ms. Dumpty to pay
counterclaim to prosper? Explain. (3%) damages to Mr. Humpty. Ms. Dumpty timely
filed an appeal before the Court of Appeals
(b) Should Mr. I's counterclaim be dismissed? (CA), questioning the RTC decision. Meanwhile,
Explain. (2019 Bar Exam) the RTC granted Mr. Humpty’s motion for
execution pending appeal. Upon receipt of the
SUGGESTED ANSWER: RTC’s order granting execution pending
(a) Mr. l's counterclaim 1s in the nature of a appeal, Ms. Dumpty filed with the CA another
permissive counterclaim Under the Law on Civil case, this time a special civil action for
Procedure, a permissive counterclaim is one certiorari assailing said RTC order. Is there a
which does not arise out of or is connected to the violation of the rule against forum shopping
transaction or occurrence constituting the considering that two (2) actions emanating
subject matter of the opposing party's claim. from the same case with the RTC were filed by
Here Mr. l's counterclaim for rental arrearages Ms. Dumpty with the CA? Explain. (2014 Bar
does not arise out of or is connected to the Question)
service contract which is the subject matter of
the complaint. SUGGESTED ANSWER:
No, there is no violation of the rule against forum
Hence Mr l's counterclaim 1s in the nature of a shopping. Forum shopping applies where two or
permissive counterclaim. Yes the payment of more initiatory pleadings were filed by the same
filing fees is required for such counterclaim to party. This is discernible from the use of the
prosper. phrase “commenced any action or filed any
claim” in Section 5, Rule 7. Here the first case
Under the Law on Civil Procedure. the payment of involves the filing by Ms. Dumpty of a notice of
docket fees on a permissive counterclaim is appeal which is not an initiatory pleading. Hence
Jurisdictional there is no forum shopping.
and hence required for the counterclaim to
prosper ───※ ·❆· ※───

(b) Mr l's counterclaim should not be dismissed. QUESTION. Tailors Toto, Nelson and Yenyen
The SC has held that the non-payment of filing filed a special civil action for certiorari under
fees is not a ground for dismissal if the failure to Rule 65 from an adverse decision of the
do so was not in bad faith. National Labor Relations Commission (NLRC) on
the complaint for illegal dismissal against
Here there was no bad faith or intent on the part Empire Textile Corporation. They were
of Mr. I to evade the payment of the docket fees terminated on the ground that they failed to
as the nonpayment was merely inadvertent as meet the prescribed production quota at least
shown by the fact that the docket fees had four (4) times. The NLRC decision was assailed
already been paid. in a special civil action under Rule 65 before
the Court of Appeals (CA). In the verification
───※ ·❆· ※─── and certification against forum shopping, only
Toto signed the verification and certification,
while Atty. Arman signed for Nelson. Empire
PARTS AND CONTENTS OF A PLEADING
filed a motion to dismiss on the ground of
(RULE 7)
defective verification and certification. Decide
with reasons. (2016 Bar Question)
CERTIFICATE AGAINST FORUM SHOPPING

SUGGESTED ANSWER:
QUESTION. Mr. Humpty filed with the Regional The motion to dismiss on the ground of defective
Trial Court (RTC) a complaint against Ms. verification should be denied. The Supreme Court
Dumpty for damages. The RTC, after due

7
has held that a lawyer may verify a pleading on Charybdis in default as Charybdis did not file
behalf of the client. Moreover a verification is any responsive pleading. (2015 Bar Question)
merely a formal and not a jurisdictional
requirement. The court should not dismiss the Scylla seasonably filed her answer setting
case but merely require the party concerned to forth therein as a defense that Charybdis had
rectify the defect. The motion to dismiss on the paid the mortgage debt.
ground of defective certification against
forum-shopping should likewise be denied. Under a.) On the premise that Charybdis was
reasonable or justifiable circumstances, as when properly declared in default, what is the effect
all the plaintiffs or petitioners share a common of Scylla's answer to the complaint?
interest and invoke a common cause of action or
defense, the signature of only one of them in the SUGGESTED ANSWER:
certification against forum shopping substantially The effect of Scylla’s answer to the complaint is
complies with the Rule. (Jacinto v. Gumaru, 2 that the court shall try the case against both
June 2014). Here the Petitioners have a common Scylla and Charybdis upon the answer filed by
interest and invoke a common cause of action, Scylla. Under Section 3(c) of Rule 9, when a
that is, their illegal dismissal by Empire Textile pleading asserting a claim states a common cause
Corporation for failure to meet production of action against several defending parties, some
quotas. of whom answer and the others fail to do so, the
───※ ·❆· ※─── court shall try the case against all upon the
answers thus filed and render judgment upon the
evidence presented. Here there was a common
DEFAULT (RULE 9)
cause of action against Scylla and Charybdis since
both were co-signatories to the mortgage deed.
QUESTION. Circe filed with the RTC a Hence the court should not render judgment by
complaint for the foreclosure of real estate default against Charybdis but should proceed to
mortgage against siblings Scylla and try the case upon the answer filed and the
Charybdis, co-owners of the property and co evidence presented by Scylla.
signatories to the mortgage deed. The siblings
permanently reside in Athens, Greece. Circe ───※ ·❆· ※───
tipped off Sheriff Pluto that Scylla is on a
balikbayan trip and is billeted at the Century QUESTION. Laura was the lessee of an
Plaza Hotel in Pasay City. Sheriff Pluto went to apartment unit owned by Louie. When the
the hotel and personally served Scylla the lease expired, Laura refused to vacate the
summons, but the latter refused to receive property. Her refusal prompted Louie to file an
summons for Charybdis as she was not action for unlawful detainer against Laura who
authorized to do so. Sheriff Pluto requested failed to answer the complaint within the
Scylla for the email address and fax number of reglementary period. Louie then filed a motion
Charybdis which the latter readily gave. to declare Laura in default. Should the motion
Sheriff Pluto, in his return of the summons, be granted? Explain your answer. (2017 Bar
stated that "Summons for Scylla was served Question)
personally as shown by her signature on the
receiving copy of the summons. Summons on SUGGESTED ANSWER:
Charybdis was served pursuant to the No, the motion should not be granted. Under Rule
amendment of Rule 14 by facsimile transmittal 70, Section 13(8) of the Rules of Court, a Motion
of the summons and complaint on defendant's to declare the defendant in default is a
fax number as evidenced by transmission prohibited motion in ejectment cases. Therefore,
verification report automatically generated by the motion should not be granted.
the fax machine indicating that it was
received by the fax number to which it was ───※ ·❆· ※───
sent on the date and time indicated therein.”
Circe, sixty (60) days after her receipt of
Sheriff Pluto's return, filed a Motion to Declare

8
 (a) No. The second amended complaint merely
AMENDMENTS (RULE 10)
supersedes the first amended complaint and
nothing more, pursuant to Rule 10, Section 8 of
the Rules of Court; thus, the Request for
───※ ·❆· ※─── Admission is not deemed abandoned or withdrawn
by the filing of the Second Amended Complaint
QUESTION. Daribell Inc. (Daribell) filed a (Spouses Villuga v. Kelly Hardware and
complaint for a sum of money and damages Construction Supply, Inc., G.R. No. 176570, July
against spouses Dake and Donna Demapilis for 18, 2012).
unpaid purchases of construction materials in
the sum of PhP250,000. In their answer, (b) Such amendment could still be allowed when
spouses Demapilis admitted the purchases it is sought to serve the higher interest of
from Daribell, but alleged that they could not substantial justice, prevent delay, and secure a
remember the exact amount since no copies of just, speedy and inexpensive disposition of
the documents were attached to the actions and proceedings (Spouses Valenzuela v.
complaint. They nevertheless claimed that Court of Appeals, G.R. No. 131175, August 28,
they made previous payments in the amounts 2001). The amended complaint may be allowed if
of PhP110,000 and PhP20,000 and that they it will not prejudice the rights of the parties.
were willing to pay the balance of their
indebtedness after account verification. In a ───※ ·❆· ※───
written manifestation, spouses Demapilis
stated that, in order to buy peace, they were
SUMMONS (RULE 14)
willing to pay the sum of PhP250,000, but
without interests and costs. Subsequently,
Daribell filed a Motion for partial summary
PERSONAL SERVICE
judgment. Thereafter, Daribell filed an
amended complaint, alleging that the total
purchases of construction materials were QUESTION. Circe filed with the RTC a
PhP280,000 and only PhP20,000 had been complaint for the foreclosure of real estate
paid. Daribell also served upon the spouses mortgage against siblings Scylla and
Demapilis a request for admission asking them Charybdis, co-owners of the property and
to admit the genuineness of the statement of cosignatories to the mortgage deed. The
accounts, delivery receipts, and invoices, as siblings permanently reside in Athens, Greece.
well as the value of the principal obligation Circe tipped off Sheriff Pluto that Scylla is on a
and the amount paid as stated in the -amended balikbayan trip and is billeted at the Century
complaint. Daribell thereafter amended the Plaza Hotel in Pasay City. Sheriff Pluto went to
complaint anew. The amendment modified the the hotel and personally served Scylla the
period covered and confirmed the partial summons, but the latter refused to receive
payment of PhP110,000 but alleged that this summons for Charybdis as she was not
payment was applied to the spouses’ other authorized to do so. Sheriff Pluto requested
existing obligations. Daribell however Scylla for the email address and fax number of
reiterated that the principal amount remained Charybdis which the latter readily gave.
unchanged. Sheriff Pluto, in his return of the summons,
stated that "Summons for Scylla was served
a. Is the request for admission deemed personally as shown by her signature on the
abandoned or withdrawn by the filing of the receiving copy of the summons. Summons on
second amended complaint? Charybdis was served pursuant to the
amendment of Rule 14 by facsimile transmittal
(b) Can the amendment of the complaint be of the summons and complaint on defendant's
allowed if it substantially alters the cause of fax number as evidenced by transmission
action? (2018 Bar Question) verification report automatically generated by
the fax machine indicating that it was
SUGGESTED ANSWERS:

9
received by the fax number to which it was first try. Hence there was no valid service of
sent on the date and time indicated therein." summons upon Buboy.
Circe, sixty (60) days after her receipt of
───※ ·❆· ※───
Sheriff Pluto's return, filed a Motion to Declare
Charybdis in default as Charybdis did not file
any responsive pleading. (2015 Bar Question). DISMISSAL OF ACTIONS (RULE 17)

a.) Should the court declare Charybdis in

QUESTION. Angel Kubeta filed a petition to
default? (2%)
change his first name "Angel." After the
required publication but before any opposition
SUGGESTED ANSWER:
could be received, he filed a notice of
No, the Court should not declare Charybdis in
dismissal. The court confirmed the dismissal
default. Under the Rule 14, Section 5 of the Rules
without prejudice. Five days later, he filed
of Civil Procedure, service of summons by
another petition, this time to change his
facsimile transmittal refers to service of summons
surname "Kubeta." Again, Angel filed a notice
upon a foreign private juridical entitle, not to a
of dismissal after the publication. This time,
non-resident defendant In any case, service of
however, the court issued an order, confirming
summons by facsimile cannot be effected unless
the dismissal of the case with prejudice. Is the
leave of court had been obtained.
dismissal with prejudice correct? (A) Yes, since
such dismissal with prejudice is mandatory; (B)
Here the defendant is not a foreign private
No, since the rule on dismissal of action upon
juridical entity but a non-resident defendant and
the plaintiff’s notice does not apply to special
no leave of court was obtained to serve summons
proceedings; (C) No, since change of name does
by facsimile. Hence there was no valid service of
not involve public interest and the rules should
summons and thus the court could not declare
be liberally construed; or (D) Yes, since the
Charybdis in default.
rule on dismissal of action upon the plaintiff’s
───※ ·❆· ※───
notice applies and the two cases involve a
change in name. (2011 Bar Question)
SUBSTITUTED SERVICE
SUGGESTED ANSWER:
(D) Yes, since the rule on dismissal of action upon
QUESTION. Teddy filed against Buboy an action
for rescission of a contract for the sale of a the plaintiff’s notice applies and the two cases
commercial lot. After having been told by the involve a change in name.
wife of Buboy that her husband was out of town
and would not be back until after a couple of ───※ ·❆· ※───
days, the sheriff requested the wife to just
receive the summons in behalf of her husband.
QUESTION. Apart from the case for the
The wife acceded to the request, received the
summons and a copy of the complaint, and settlement of her parents' estate, Betty filed
signed for the same. an action against her sister, Sigma, for
reconveyance of title to a piece of land. Betty
Was there a valid service of summons upon claimed that Sigma forged the signatures of
Buboy? Explain your answer briefly. (2017 Bar their late parents to make it appear that they
Question) sold the land to her when they did not, thus
prejudicing Betty’s legitime. Sigma moved to
SUGGESTED ANSWER:
No, there was no valid service of summons upon dismiss the action on the ground that the
Buboy. The Supreme Court has held that in order dispute should be resolved in the estate
that there will be valid substituted service of proceedings. Is Sigma correct? (A) Yes,
summons, the sheriff must have exerted diligent questions of collation should be resolved in the
efforts to effect personal service of summons estate proceedings, not in a separate civil
within a reasonable time. Here there were no case; (B) No, since questions of ownership of
such diligent efforts on the part of the sheriff
property cannot be resolved in the estate
since he effected substituted service on his very
proceedings; (C) Yes, in the sense that Betty

10
needs to wait until the estate case has been days from service thereof. The answers may
terminated; or(D) No, the filing of the separate be used for the same purposes provided for
action is proper; but the estate proceeding in Section 4 of Rule 23 on depositions.
3) Objections to any interrogatories may be
must be suspended meantime. (2011 Bar
made within 10 days after service thereof.
Question) The effect of the failure to serve written
interrogatories is that unless allowed by the
SUGGESTED ANSWER: court for good cause shown and to prevent a
(A) Yes, questions of collation should be resolved failure of justice, a party not served with
in the estate proceedings, not in a separate civil written interrogatories may not be
case. compelled by the adverse party to give
testimony in open court, or to give a
deposition pending appeal.
───※ ·❆· ※───
───※ ·❆· ※───
QUESTION. The defendant in an action for sum
of money filed a motion to dismiss the
JUDGMENTS AND FINAL ORDERS
complaint on the ground of improper venue.
After hearing, the court denied the motion. In
his answer, the defendant claimed prescription
JUDGMENT ON THE PLEADINGS
of action as affirmative defense, citing the
date alleged in the complaint when the cause
of action accrued. May the court, after QUESTION. Plaintiff files a request for
admission and serves the same on Defendant
hearing, dismiss the action on ground of
who fails, within the time prescribed by the
prescription?(A) Yes, because prescription is rules, to answer the request. Suppose the
an exception to the rule on Omnibus Motion; request for admission asked for the admission
(B) No, because affirmative defenses are of the entire material allegations stated in
barred by the earlier motion to dismiss; (C) the complaint, what should plaintiff do? (5%)
Yes, because the defense of prescription of
action can be raised at anytime before the SUGGESTED ANSWER:
The plaintiff should file a Motion for Judgment
finality of judgment; or (D) No, because of the
on the Pleadings because the failure of the
rule on Omnibus Motion. (2011 Bar Question) defendant to answer a request for admission
results to an implied admission of all the matters
SUGGESTED ANSWER: which an admission is requested. Hence, a
(A) Yes, because prescription is an exception to motion for judgment on the pleadings is the
the rule on Omnibus Motion. appropriate remedy where the defendant is
deemed to have admitted matters contained in
───※ ·❆· ※───
the request for admission by the plaintiff (Rule
34 & Sec. 2, Rule 26, Rules of Court).
INTERROGATORIES TO PARTIES (RULE 25)
───※ ·❆· ※───

QUESTION. Briefly explain the procedure on QUESTION. Ms. A filed a complaint for
"Interrogatories to Parties" under Rule 25 and damages against Ms. B, alleging that Ms. B
state the effect of failure to serve written negligently caused the demolition of her
interrogatories. (2016 Bar Question) house's concrete fence, the top half of which
fell on the front portion of Ms. A's car and
SUGGESTED ANSWER: permanently damaged its engine. In her
The procedure on "Interrogatories to Parties" answer, Ms. B denied any personal liability for
under Rule 25 is briefly explained as follow: the damage caused to Ms. A's car, averring
1) A party desiring to elicit material and that she merely acquiesced to the advice of
relevant facts from an adverse party shall her contractor, XYZ Construction Co., to have
file and serve upon the latter written the concrete fence demolished. Thus,
interrogatories to be answered by the latter. damages, if any, should be collected from it.
2) The interrogatories shall be answered fully Thereafter, Ms. A filed a motion for judgment
in writing and shall be signed and sworn to on the pleadings, alleging that Ms. B's
by the person making them. The statement in her answer is actually a negative
interrogatories shall be answered within 15

11
pregnant. Ms. B opposed the motion, 2) Defendant has paid the Ill million claimed
reiterating her defense in her answer which in the promissory note (Annex ""A"" of the
purportedly rendered judgment on the Complaint) as evidenced by an
pleadings improper. Ms. B also moved for the ""Acknowledgment Receipt"" duly executed
dismissal of the case on the ground of by plaintiff on January 30, 2015 in Manila
non-joinder of XYZ Construction Co., which she with his spouse signing as witness.
alleged is an indispensable party to the case. A copy of the ""Acknowledgment Receipt"" is
attached as Annex ""1"" hereof.
a) Is Ms. A's motion for judgment on the Plaintiff filed a motion for judgment on the
pleadings proper? Explain. (2019 Bar Question) pleadings on the ground that defendant's
answer failed to tender an issue as the
SUGGESTED ANSWER: allegations therein on his defenses are sham
Yes, Ms. A’s motion for judgment on the pleadings for being inconsistent; hence, no defense at
is proper. Under the Rules of Civil Procedure, a all. Defendant filed an opposition claiming his
judgment on the pleadings is proper if the answer tendered an issue. (2015 Bar Question)
defendant’s answer admits the material
allegations of the adverse party’s pleading. Here a.) Is judgment on the pleadings proper?
the Defendant Ms. B’s answer that she merely
acquiesced to the advice of her contractor XYZ SUGGESTED ANSWER:
Construction Company does not specifically deny No, judgment on the pleadings is not proper.
whether she was negligent or not. Hence Ms. B is Under Rule 2, Section 8 of the Rules of Civil
deemed to have admitted the material allegation Procedure, a party may set forth two or more
that she was negligent and thus a judgment on
statements of a defense alternatively or
the pleadings is proper.
hypothetically, The Supreme Court has held that
───※ ·❆· ※─── inconsistent defenses may be pleaded
alternatively or hypothetically provided that each
QUESTION. Plaintiff sued defendant for defense is consistent with itself
collection of P 1 million based on the latter's
promissory note. The complaint alleges, among Hence, the plaintiff's contention that defendant's
others: answer failed to tender an issue as his defenses
are sham for being inconsistent is without merit.
1) Defendant borrowed P1 million from
plaintiff as evidenced by a duly executed
promissory note; ───※ ·❆· ※───
2) The promissory note reads:
""Makati, Philippines
SUMMARY JUDGMENTS
Dec. 30, 2014

For value received from plaintiff, QUESTION. Plaintiff sued defendant for
defendant promises to pay plaintiff Pl collection of P 1 million based on the latter's
million, twelve (12) months from the promissory note. The complaint alleges, among
above indicated date without necessity others:
of demand.
3) Defendant borrowed P1 million from
Signed plaintiff as evidenced by a duly executed
Defendant"" promissory note;
4) The promissory note reads:
A copy of the promissory note is attached as ""Makati, Philippines
Annex ""A."" Dec. 30, 2014

Defendant, in his verified answer, alleged For value received from plaintiff,
among others: defendant promises to pay plaintiff Pl
million, twelve (12) months from the
1) Defendant specifically denies the above indicated date without necessity
allegation in paragraphs 1 and 2 of the of demand.
complaint, the truth being defendant did
not execute any promissory note in favor Signed
of plaintiff, or Defendant""

12
A copy of the promissory note is attached as they made previous payments in the amounts
Annex ""A."" of PhP110,000 and PhP20,000 and that they
were willing to pay the balance of their
Defendant, in his verified answer, alleged indebtedness after account verification. In a
among others: written manifestation, spouses Demapilis
stated that, in order to buy peace, they were
3) Defendant specifically denies the willing to pay the sum of PhP250,000, but
allegation in paragraphs 1 and 2 of the without interests and costs. Subsequently,
complaint, the truth being defendant did Daribell filed a Motion for partial summary
not execute any promissory note in favor judgment. Thereafter, Daribell filed an
of plaintiff, or amended complaint, alleging that the total
4) Defendant has paid the Ill million claimed purchases of construction materials were
in the promissory note (Annex ""A"" of the PhP280,000 and only PhP20,000 had been
Complaint) as evidenced by an paid. Daribell also served upon the spouses
""Acknowledgment Receipt"" duly executed Demapilis a request for admission asking them
by plaintiff on January 30, 2015 in Manila to admit the genuineness of the statement of
with his spouse signing as witness. accounts, delivery receipts, and invoices, as
A copy of the ""Acknowledgment Receipt"" is well as the value of the principal obligation
attached as Annex ""1"" hereof. and the amount paid as stated in the -amended
Plaintiff filed a motion for judgment on the complaint.
pleadings on the ground that defendant's
answer failed to tender an issue as the Daribell thereafter amended the complaint
allegations therein on his defenses are sham anew. The amendment modified the period
for being inconsistent; hence, no defense at covered and confirmed the partial payment of
all. Defendant filed an opposition claiming his PhP110, 000 but alleged that this payment was
answer tendered an issue. (2015 Bar Question) applied to the spouses’ other existing
obligations. Daribell however reiterated that
b.) Should the court grant defendant's motion the principal amount remained unchanged.
for summary judgment? (3%)
(c) Can the facts subject of an unanswered
SUGGESTED ANSWER: request for admission be the basis of a
Yes, the court should grant the defendant's summary judgment? (2018 Bar Question)
motion for summary judgment. Under Rule 35,
Section 2 of the Rules of Civil Procedure, a SUGGESTED ANSWER:
defendant may at any time, move with supporting Yes. Summary judgment is a procedural device
admissions for a summary judgment in his favor. resorted to in order to avoid long drawn-out
litigations, and useless delays. Such judgment is
Here the plaintiff had impliedly admitted the generally based on the facts proven summarily by
genuineness and due execution of the affidavits, de positions, pleadings, or admissions
acknowledgment receipt, which was the basis of of the parties [Villuga v. Kelly Hardware and
defendant's defense, by failing to specifically Construction Supply, Inc., G.R. No. 176570,
deny it under oath. (2012)].

Therefore, the defendant may move for a In this case, the facts subject of an unanswered
summary judgment on the basis that the plaintiff request for admission are deemed admissions by
had admitted that the defendant had already the adverse party (S2, R26). Applying the
paid the P1 million obligation. Supreme Court’s ruling in Spouses Villuga v. Kelly
Hardware and Construction Supply, Inc. (G.R. No.
───※ ·❆· ※─── 176570, 18 July 2012), these facts may be the
basis of a summary judgment.
QUESTION. Daribell Inc. (Daribell) filed a
complaint for a sum of money and damages ───※ ·❆· ※───
against spouses Dake and Donna Demapilis for
unpaid purchases of construction materials in
ANNULMENT OF JUDGMENTS OR FINAL
the sum of PhP250,000. In their answer,
spouses Demapilis admitted the purchases ORDERS AND RESOLUTIONS
from Daribell, but alleged that they could not
remember the exact amount since no copies of
the documents were attached to the ───※ ·❆· ※───
complaint. They nevertheless claimed that

13
QUESTION: Tom Wallis filed with the Regional would you give to Era? Explain your answer.
Trial Court (RTC) a Petition for Declaration of (2017 Bar Question)
Nullity of his marriage with Debi Wallis on the
ground of psychological incapacity of the SUGGESTED ANSWER:
latter. Before filing the petition, Tom Wallis The advice I would give to Era is that the petition
had told Debi Wallis that he wanted the for annulment of judgment on lack of jurisdiction
annulment of their marriage because he was will not prosper.
already fed up with her irrational and
eccentric behavior. However, in the petition The Supreme Court has held that a special
for declaration of nullity of marriage, the commercial court is still a court of general
correct residential address of Debi Wallis was jurisdiction and can hear and try a
deliberately not alleged and instead, the non-commercial case. [Concorde Condominium
residential address of their married son was Inc. v. Baculio, 17 Feb 2016, Peralta, J.].
stated. Summons were served by substituted
service at the address stated in the petition. Hence the special commercial court had
For failure to file an answer, Debi Wallis was jurisdiction to try and decide the action for
declared in default and Tom Wallis presented specific performance and to render a judgment
evidence ex-parte. The RTC rendered judgment therein.
declaring the marriage null and void on the
ground of psychological incapacity of Debi ───※ ·❆· ※───
Wallis. Three (3) years after the RTC judgment
was rendered, Debi Wallis got hold of a copy QUESTION. In 2015, Dempsey purchased from
thereof and wanted to have the RTC judgment Daria a parcel of land located in Dumaguete,
reversed and set aside. Negros Oriental. The latter executed a Deed of
Absolute Sale and handed to Dempsey the
If you are the lawyer of Debi Wallis, what owner’s duplicate copy of TCT No. 777
judicial remedy or remedies will you take? covering the property. Since he was working in
Discuss and specify the ground or grounds for Manila and still had to raise funds to cover
said remedy or remedies. (2014 Bar Question) taxes, registration, and transfer costs,
Dempsey kept the TCT in his possession
SUGGESTED ANSWER: without having transferred it to his name. A
If I were the lawyer of Debi Wallis, the judicial few years thereafter, when he already had the
remedy I would take is to file with the Court of funds to pay for the transfer costs, Dempsey
Appeals an action for annulment of the RTC went to the Register of Deeds of Dumaguete
judgment under Rule 47. An action for annulment and discovered that, after the sale, Daria had
of judgment may be resorted to since the filed a petition for reconstitution of the
remedies of appeal and petition for relief are no owner’s duplicate copy of TCT No. 777 which
longer available through no fault of Debi Wallis. the RTC granted. Thus, unknown to Dempsey,
(S1 R47). The ground for annulment of judgment Daria was able to secure a new TCT in her
would be lack of jurisdiction. Lack of jurisdiction name.
also covers lack of jurisdiction over the person of What is Dempsey’s remedy to have the
the defendant since the judgment would be void. reconstituted title in the name of Daria
(1 Florenz D. Regalado, Remedial Law nullified? (2018 Bar Question)
Compendium, 558 [7th rev. ed., 3 rd printing]).
SUGGESTED ANSWER:
───※ ·❆· ※─── Dempsey may file a Petition for Annulment of
Judgment under Rule 47 of the Rules of Court.
QUESTION. Santa filed against Era in the RTC
of Quezon City an action for specific The Supreme Court has consistently held that
performance praying for the delivery of a when the owner’s duplicate certificate of title
parcel of land subject of their contract of has not been lost, but is in fact in the possession
sale. Unknown to the parties, the case was of another person, then the reconstituted
inadvertently raffled to an RTC designated as certificate is void, because the court that
a special commercial court. Later, the RTC rendered the decision had no jurisdiction. As a
rendered judgment adverse to Era, who, upon rule, reconstitution can validly be made only in
realizing that the trial court was not a case of loss of the original certificate. In this
regular RTC, approaches you and wants you regard, the remedy to nullify an order granting
to file a petition to have the judgment reconstitution is a petition for annulment under
annulled for lack of jurisdiction. What advice Rule 47 of the Rules of Court (Eastworld Motor

14
Industries Corporation v. Skunac Corporation,
G.R. No. 163994, December 16, 2005). Under Section 10(a) of Rule 39, if a judgment
directs a party to execute a conveyance of land
In this case, RTC Dumaguete had no jurisdiction and the party fails to comply, the court may
to order the re-constitution of the owner’s direct the act to be done at the disobedient
duplicate copy of TCT No. 777, considering that party’s cost by some other person appointed by
the owner’s duplicate copy thereof had not been the court or the court may by an order divest the
lost, but was merely in Dempsey’s possession. The title of the party and vest it in the movant or
order granting Daria’s petition for reconstitution other person.
is therefore void; accordingly, Dempsey may file a
Petition for Annulment of Judgment under Rule ───※ ·❆· ※───
47 to nullify the reconstituted title in Daria’s
name.
ENFORCEMENT AND EFFECTS OF FOREIGN
───※ ·❆· ※─── JUDGMENTS OR FINAL ORDERS

HOW A JUDGMENT IS EXECUTED

QUESTION. Drylvik, a German national,
married Dara, a Filipina, in Dusseldorf,
QUESTION. Aldrin entered into a contract to Germany. When the marriage collapsed, Dara
sell with Neil over a parcel of land. The filed a petition for declaration of nullity of
contract stipulated a P500,000.00 down marriage before the RTC of Manila. Drylvik, on
payment upon signing and the balance the other hand, was able to obtain a divorce
payable in twelve (12) monthly installments decree from the German Family Court. The
of Pl00,000.00. Aldrin paid the down payment decree, in essence, states:
and had paid three (3) monthly installments
when he found out that Neil had sold the same The marriage of the Parties contracted
property to Yuri for Pl.5 million paid in cash. on xxx before the Civil Registrar of
Aldrin sued Neil for specific performance with Dusseldorf is hereby dissolved. The
damages with the RTC. Yuri, with leave of parental custody of the children Diktor
court, filed an answer-in-intervention as he and Daus is granted to the father.
had already obtained a TCT in his name.
After trial, the court rendered judgment Drylvik filed a motion to dismiss in the RTC of
ordering Aldrin to pay all the installments Manila on the ground that the court no longer
due, the cancellation of Yuri's title, and Neil had jurisdiction over the matter as a decree of
to execute a deed of sale in favor of Aldrin. divorce had already been promulgated
When the judgment became final and dissolving his marriage to Dara. Dara
executory, Aldrin paid Neil all the objected, saying that while she was not
installments but the latter refused to execute challenging the divorce decree, the case in the
the deed of sale in favor of the former. RTC still had to proceed for the purpose of
determining the issue of the children’s custody.
Aldrin filed a "Petition for the Issuance of a Drylvik counters that the issue had been
Writ of Execution" with proper notice of disposed of in the divorce decree, thus
hearing. The petition alleged, among others, constituting res judicata.
that the decision had become final and
executory and he is entitled to the issuance of Is a foreign divorce decree between a foreign
the writ of execution as a matter of right. spouse and a Filipino spouse, uncontested by
both parties, sufficient by itself to cancel the
Despite the issuance of the writ of execution entry in the civil registry pertaining to the
directing Neil to execute the deed of sale in spouses’ marriage? (2018 Bar Question)
favor of Aldrin, the former obstinately
refused to execute the deed. SUGGESTED ANSWER:
No, a foreign divorce decree between a foreign
b.) What is Aldrin's remedy? (2015 Bar spouse and a Filipino spouse, uncontested by both
Question) parties, is insufficient by itself to cancel the
entry in the civil registry. Before a foreign divorce
SUGGESTED ANSWER: decree can be recognized by our courts, the party
b) Aldrin’s remedy is to file a motion for pleading it must prove the divorce as a fact and
judgment for specific act under Section 10(a) of demonstrate its conformity to the foreign law
Rule 39.

15
allowing it (Republic v. Manalo, G.R. No. 221029, (B) If the RTC denies Ms Bright's motion to
April 24, 2018). dismiss, her remedies are:

───※ ·❆· ※─── (a) File a motion for reconsideration.

(b) Proceed to trial and if she loses,
appeal and assign the failure to dismiss as
a reversible error.
MOTION FOR NEW TRIAL OR (c) File a special civil action for certiorari
RECONSIDERATION (RULE 37) and/or mandamus if the denial of the
order to dismiss is made with grave abuse
of discretion amounting to lack of or
excess of jurisdiction.
QUESTION. Mr. Avenger filed with the Regional
Trial Court {RTC) a complaint against Ms. (C) If the RTC renders a decision in favor of Mr.
Bright for annulment of deed of sale and other Avenger Ms. Bright's remedies are:
documents. Ms. Bright filed a motion to
dismiss the complaint on the ground of lack of (a) File a motion for reconsideration or
cause of action. Mr. Avenger filed an new trial under Rule 37.
opposition to the motion to dismiss. (b) File an appeal to the Court of Appeals
under Rule 41
State and discuss the appropriate (c) File an appeal to the Supreme Court
remedy/remedies under each of the following under Rule 45 if the appeal will raise only
situations: (6%) questions of law.
(d) File a petition for relief from
(a) If the RTC grants Ms. Bright's motion to judgment under Rule 38.
dismiss and dismisses the complaint on the (e) File an action for annulment of
ground of lack of cause of action, what will be judgment under Rule 47 on the ground of
the remedy/remedies of Mr. Avenger? extrinsic fraud or lack of jurisdiction.
(b) If the RTC denies Ms. Bright's motion to ───※ ·❆· ※───
dismiss, what will be her remedy/remedies?

(c) If the RTC denies Ms. Bright's motion to EXECUTION, SATISFACTION, AND EFFECT OF
dismiss and, further proceedings, including JUDGMENTS (RULE 39)
trial on the merits, are conducted until the
RTC renders a decision in favor of Mr. Avenger,
what will be the remedy/ remedies of Ms. QUESTION. Aldrin entered into a contract to
Bright? (2014 Bar Examinations) sell with Nell over a parcel of land. The
contract stipulated a PS00,000.00 down
SUGGESTED ANSWER: payment upon signing and the balance payable
(A) If the RTC grants Ms. Bright's motion to in twelve (12) monthly Installments of
dismiss, the remedies of Mr Avenger are: P100,000.00. Aldrin paid the down payment
and had paid three (3) monthly installments
(a) File a motion for reconsideration when he found out that Nell had sold the same
under Rule 37. property to Yuri for P1 .5 million paid in cash.
(b) Re-file the complaint. The dismissal Aldrin sued Nell for specific performance with
does not bar the re-filing of the case (S5 damages with the RTC. Yuri, with leave of
R 16). court, filed an answer-in- Intervention as he
(c) Appeal from the order of dismissal. had already obtained a TCT In his name. After
The dismissal order Is a final order as it trial, the court rendered judgment ordering
completely disposes of the case. hence It Aldrin to pay all the installments due, the
is appealable. cancellation of Yuri's title, and Neil to execute
(d) File an amended complaint as a a deed of sale In favor of Aldrin . When the
matter of right curing the defect of lack judgment became final and executory, Aldrin
of cause of action before the dismissal paid Neil all the installments but the latter
order becomes final. This is because a refused to execute the deed of sale In favor of
motion to dismiss Is not a responsive the former.
pleading, hence Mr Avenger can amend
the complaint as a matter of right. (S2 Aldrin filed a "Petition for the Issuance of a
R10) Writ of Execution" with proper notice of
hearing. The petition alleged. among others,

16
that the decision had become final and SUGGESTED ANSWER
executory and he Is entitled to the Issuance of The issuance of the writ of execution is
the writ of execution as a matter of right. procedurally infirm. Under Rule 39, Section 6 of
the Rules of Court, a final and executory
Nell filed a motion to dismiss the petition on
the ground that It lacked the required judgment may only be executed on motion within
certification against forum shopping. five years from the date of its entry. After its
lapse, a judgment may only be enforced by
a) Should the court grant Nell's Motion to action. In the present case, the five year period
Dismiss? (3%) Despite the issuance of the writ has already lapsed. Entry of Judgment was dated
of execution directing Nell to execute the deed July 2, 2012. Since the period to file a motion has
of sale in favor of Aldrin, the former
already lapsed, the issuance of the writ is
obstinately refused to execute the deed. (2015
Bar Examinations) procedurally infirm.

SUGGESTED ANSWER: ───※ ·❆· ※───

No, the court should not grant Neil's Motion to
Dismiss.
PROVISIONAL REMEDIES
Under the Rules of Civil Procedure. a certification
against forum shopping Is required only for
initiatory pleadings or petitions. [Section 5, Rule WRIT OF PRELIMINARY ATTACHMENT (RULE
7] 57)

Here the "Petition for the Issuance of a Writ of

Execution, although erroneously denominated as QUESTION. On February 3, 2018, Danny
a petition is actually a motion for issuance of a Delucio, Sheriff of the RTC of Makatl, served
writ of execution under Rule 39. the Order granting the ex-parte application
Hence the motion to dismiss on the ground of for preliminary attachment of Dinggoy against
lack of a certification against forum shopping
Dodong. The Order, together with the writ,
should be denied
was duly received by Dodong. On March 1,
───※ ·❆· ※─── 2018, the Sheriff served upon Dodong the
complaint and summons in connection with the
QUESTION. "Mrs. E filed a complaint for sum of same case. The counsel of Dodong filed a
money against Mr. F in the amount of motion to dissolve the writ.
₱1,000,000.00 before the Regional Trial Court
(RTC). After due proceedings, the RTC ruled in Can the preliminary (a) attachment issued by
favor of Mrs. E, and since no appeal was the Court in favor of Dinggoy be dissolved?
interposed thereto, the ruling became final What grounds can Dodong's counsel invoke?
and executory as evinced by an Entry of
Judgment dated July 2, 2012. However, Mrs. E If Dodong posts a (b) counter bond, is he
was unable to immediately move for the deemed to have waived any of his claims for
execution of said judgment because she had a damages arising from the issuance of the
work engagement overseas. Order and writ of attachment? (2018 Bar
Examination)
On June 29, 2017, Mrs. E returned to the
country and, on the same day, filed a motion SUGGESTED ANSWER:
for the issuance of a writ of execution before
(a) Yes. The preliminary attachment issued by the
the RTC. On July 7, 2017, the RTC granted the
Court in favor of Dinggoy may be dissolved.
motion, and consequently, issued a writ of
execution in Mrs. E's favor.
Under the Rules of Civil Procedure, no levy on
attachment pursuant to the writ of attachment
Was the RTC's issuance of the writ of
shall be enforced unless it is preceded or
execution procedurally infirm? Explain. (2019
simultaneously accompanied by service of
Bar Question)
summons. together with the complaint and other

17
accompanying documents. This is the ground that of Preliminary injunction may only be granted ex
Dodong's counsel may invoke. parte if: (a) its issuance if of extreme urgency ,
and the applicant will suffer grave injustice, or
Here the summons and complaint were served not irreparable injury; and (b) it shall only last for 72
before or during the levy on attachment but hours from its issuance, extendible for up to
after. The attachment was thus improperly another 20 days, upon summary hearing. In the
enforced and may thus be dissolved or present case, none of the above criterion is
discharged. present to merit the issuance of a writ of
preliminary injunction ex parte. Therefore, the
(b) No, Dodong is not deemed to have waived his RTC erred in its issuance.
claim for damages if he posts a counterbond The
Supreme Court has held that the posting of a ───※ ·❆· ※───
counter-bond is not tantamount to a waiver of
the right to damages arising from a wrongful
attachment. [D.M. Wenceslao & Associates Inc v.
Readycon Trading & Construction Corp., 29 June
2004, Quisumbing, J.]

───※ ·❆· ※───

WRIT OF INJUNCTION (RULE 58)

QUESTION. Mrs. G defaulted in the payment of

her loan obligation with Z Bank. As such, Z
Bank extra-judicially foreclosed Mrs. G's
mortgaged property and sold it at public
auction where it emerged as the highest
bidder. Eventually, a certificate of sale was
issued in Z Bank's favor, and title to the
property was later consolidated under the
bank's name. Claiming that Z Bank used
fraudulent machinations in increasing the
interest and penalty charges on the loan,
thereby making it impossible for her to pay,
Mrs. G filed before the Regional Trial Court
(RTC) a complaint for cancellation of
consolidation of ownership over a real
property with prayer for the issuance of a writ
of preliminary injunction against Z Bank.
Immediately thereafter, the RTC issued an ex
parte writ of preliminary injunction enjoining
Z Bank from disposing of the foreclosed
property or taking possession thereof. Did the
RTC err in issuing the writ of preliminary
injunction ex parte? Explain. (2019 Bar
Question)

SUGGESTED ANSWER:
Yes, the RTC erred in the issuance of the writ of
preliminary injunction ex parte. Under Rule 58,
Section 5 of the Rules of Civil Procedure, a Writ

18
 CERTIORARI, PROHIBITION, AND MANDAMUS
(RULE 65)

SPECIAL CIVIL ACTIONS

WHEN PETITION FOR CERTIORARI IS PROPER

INTERPLEADER (RULE 62)

QUESTION. After an information for rape was
filed in the RTC, the DOJ Secretary, acting on
QUESTION. Dory Enterprises Inc. (Dory) leased the accused's petition for review, reversed the
to Digna Corporation (Digna) a parcel of land investigating prosecutor's finding of probable
located In Dillman, Quezon City. During the cause. Upon order of the DOJ Secretary, the
term of the lease, Digna was informed by DBS trial prosecutor filed a Motion to Withdraw
Banking Corporation (DBS) that it has acquired Information which the judge granted. The
the leased property from the former owner order of the judge stated only the following:
Dory, and required Digna to pay the rentals
directly to it. Digna promptly informed Dory of "Based on the review by the DOJ Secretary of
DBS' claim of ownership. In response, Dory the findings of the investigating prosecutor
insisted on its right to collect rent on the during the preliminary investigation, the Court
leased property. agrees that there is no sufficient evidence
against the accused to sustain the allegation in
Due to conflicting claims of Dory and DBS over the information. The motion to withdraw
the rental payments, Digna filed a complaint Information is, therefore, granted."
for interpleader in the RTC of Manila. Digna
prayed that It be allowed to consign in court If you were the private prosecutor, what
the succeeding monthly rentals, and that Dory should you do? Explain. (2012 Bar Question)
and DBS be required to litigate their
conflicting claims. It later appeared that an SUGGESTED ANSWER:
action for nullification of a dacion en pago was If I were the private prosecutor, I would file a
filed by Dory against DBS in the RTC of Quezon petition for certiorari under Rule 65 with the
City. In said case, Dory raises the issue as to Court of Appeals (Cerezo vs. People, G.R.
which of the two (2) corporations had a better No.185230, June 1, 2011). It is well-settled that
right to the rental payments. Dory argued when the trial court is confronted with a motion
that, to avoid conflicting decisions, the to withdraw and Information (on the ground of
interpleader case must be dismissed. lack of probable cause to hold the accused for
trial based on resolution of the DOJ Secretary),
Does the action for nullification of the dacion the trial court has the duty to make an
en pago bar the filing of the interpleader case? independent assessment of the merits of the
motion. It may either agree or disagree with the
SUGGESTED ANSWER: recommendation of the Secretary. Reliance alone
No. the action for nullification of the dacion en on the resolution of the Secretary would be an
pago does not bar the filing of the interpleader abdication of the trial court‟s duty and
case jurisdiction to determine a prima facie case. The
court must itself be convinced that there is
Under the Law on Civil Procedure, in order for lis indeed no sufficient evidence against the
pendens to bar the filing of another case, there accused. Otherwise, the judge acted with grave
must be identity of parties between the first and abuse of discretion if he grants the Motion to
second actions Withdraw Information by the trial prosecutor.
(Harold Tamargo vs. Romulo Awingan et. al. G.R.
Here there was no identity of parties since Digna No. 177727, January 19, 2010).
was not a party to the action for nullification of
dacion en page. ALTERNATIVE ANSWER:
If I were the private prosecutor, I would file a
Hence there was no lis pendens and the filing of Motion for Reconsideration of the Order of the
the interpleader case was not barred. [Lui trial court. if the same has been denied, I would
Enterprises v. Zuelling Pharma Corp .. 27 March file a petition for review on certiorari under Rule
2014, Leonen, J .). 45 on pure question of law, which actually
encompasses both the criminal and civil aspects
───※ ·❆· ※─── thereof. The filing of the petition is merely a
continuation of the appellate process.

19
 situated in Makati with the RTC of Pasig. B
───※ ·❆· ※─── files a Motion to Dismiss for improper venue.
The RTC Pasig Judge denies B's Motion to
QUESTION: Jaime was convicted for murder by Dismiss, which obviously was incorrect.
Alleging that the RTC Judge "unlawfully
the Regional Trial Court of Davao City in a
neglected the performance of an act which the
decision promulgated on September 30, 2015. law specifically enjoins as a duty resulting
On October 5, 2015, Jaime filed a Motion for from an office", 8 files a Petition for
New Trial on the ground that errors of law and Mandamus against the judge. Will Mandamus
irregularities prejudicial to his rights were lie? Reasons. (2012 Bar Question)
committed during his trial. On October 7,
2015, the private prosecutor, with the SUGGESTED ANSWER:
conformity of the public prosecutor, filed an "NO, mandamus will not lie. The proper remedy is
Opposition to Jaime's motion. On October 9, a petition for prohibition (Serena v.
2015, the court granted Jaime's motion. On Sandiganbayan G.R. No. 162059, January 22,
October 12, 2015, the public prosecutor filed a 2008). The dismissal of the case based
motion for reconsideration. The court issued on improper venue is not a ministerial duty.
an Order dated October 16, 2015 denying the Mandamus does not lie to compel the
public prosecutor's motion for reconsideration. performance of a discretionary duty (Nilo Paloma
The public prosecutor received his copy of the v. Danilo Mora, G.R. No. 157783,
order of denial on October 20, 2015 while the September 23, 2005).
private prosecutor received his copy on "
October 26, 2015. (2015 Bar Question).
FORECLOSURE OF REAL ESTATE MORTGAGE
a.) What is the remedy available to the
prosecution from the court's order granting
QUESTION. (a) Is the buyer in the auction sale
Jaime's motion for new trial?
arising from an extra-judicial foreclosure
entitled to a writ of possession even before the
SUGGESTED ANSWER expiration of the redemption period? If so,
The remedy available to the prosecution from the what is the action to be taken? (2016 Bar)
coyrt's order granting Jaime's motion for new trial
is a special civil action for certiorari under Rule SUGGESTED ANSWER:
65. Yes, the buyer in the auction sale is entitled to a
writ of possession even before the expiration of
the redemption period upon the filing of the ex
Under Section 1(b) of Rule 41, no appeal may be parte petition for issuance of a writ of possession
taken from an interlocutory order and the and posting of the appropriate bond. Under
aggrieved party may file an appropriate special Section 7 of Act No. 3135, as amended, the writ
civil action as provided in Rule 65. of possession may be issued to the purchaser in a
Here the order granting the motion for new trial foreclosure sale either within the one-year
is an interlocutory order since it does not redemption period upon the filing of a bond, or
after the lapse of the redemption period, without
completely dispose of the case but still leaves
need of a bond. (LZK Holdings and Development
something to be done, that is, conducting the Corporation v. Planters Development Bank, G.R.
new trial. No. 167998, April 27, 2007)

Hence the available remedy is the special civil Hence, upon the purchaser’s filing of the ex parte
action for certiorari under Rule 65. petition and posting of the appropriate bond, the
RTC shall, as a matter of course, order the
issuance of the writ of possession in favor of the
purchaser. (Spouses Marquez Marquez v. Spouses
WHEN PETITIONER FOR MANDAMUS IS Alindog, G.R. No. 184045, January 22, 2014;
Spouses Gatuslao v. Yanson, G.R. No. 191540,
PROPER
January 21, 2015)

QUESTION. A files a Complaint against 8 for (b) After the period of redemption has lapsed
recovery of title and possession of land and the title to the lot is consolidated in the

20
name of the auction buyer, is he entitled to the
FORCIBLE ENTRY AND UNLAWFUL DETAINER
writ of possession as a matter of right? If so,
what is the action to be taken? (2016 Bar (RULE 70)
Question)

SUGGESTED ANSWER: JURISDICTION IN ACTION IN INTERDICTAL

Yes, the auction buyer is entitled to a writ of
possession as a matter of right. It is settled that
the buyer in a foreclosure sale becomes the QUESTION. The spouses Juan reside in Quezon
absolute owner of the property purchased if it is City. With their lottery winnings, they
not redeemed within a period of one year after purchased a parcel of land in Tagaytay City
the registration of the certificate of sale. He is, for P100,000.00. In a recent trip to their
therefore, entitled to the possession of the Tagaytay property, they were surprised to see
property and can demand it at any time following
hastily assembled shelters of light materials
the consolidation of ownership in his name and
the issuance to him of a new transfer certificate occupied by several families of informal
of title. settlers who were not there when they last
visited the property three (3) months ago.
In such a case, the bond required in Section 7 of
Act No. 3135 is no longer necessary. Possession of To rid the spouses’ Tagaytay property of these
the land then becomes an absolute right of the
informal settlers, briefly discuss the legal
purchases as confirmed owner. Upon proper
application and proof of title, the issuance of the remedy you, as their counsel, would use; the
writ of possession becomes a ministerial duty of steps you would take; the court where you
the court. (LZK Holdings and Development would file your remedy if the need arises; and
Corporation v. Planters Development Bank, G.R. the reason/s for your actions. (2013 Bar
No. 167998, April 27, 2007; Spouses Marquez Question)
Marquez v. Spouses Alindog, G.R. No. 184045,
January 22, 2014; Spouses Gatuslao v. Yanson,
SUGGESTED ANSWER:
G.R. No. 191540, January 21, 2015)
As counsel for spouses Juan, I will file a special
(c) Suppose that after the title to the lot has civil action for Forcible Entry. The Rules of Court
been consolidated in the name of the auction provide that a person deprived of the possession
buyer, said buyer sold the lot to a third party of any land or building by force, intimidation,
without first getting a writ of possession. Can threat, strategy, or stealth may at any time
the transferee exercise the right of the auction within 1 year after such withholding of possession
buyer and claim that it is a ministerial duty of
bring an action in the proper Municipal Trial Court
the court to issue a writ of possession in his
favor? Briefly explain. (2016 Bar) where the property is located. This action which
is summary in nature seeks to recover the
SUGGESTED ANSWER: possession of the property from the defendant
Yes, the transferee can exercise the right of the which was illegally withheld by the latter
auction buyer. A transferee or successor-in- (Section 1, Rule 70, Rules of Court).
interest of the auction buyer by virtue of the
contract of sale between them, is considered to
have stepped into the shoes of the auction buyer. An ejectment case is designed to restore ,
As such, the transferee is necessarily entitled to through summary proceedings, the physical
avail of the provisions of Sec. 7 of Act 3135, as possession of any land or building to one who has
amended, as if he is the auction buyer. When the been illegally deprived of such possession,
lot purchased at a foreclosure sale is in turn sold without prejudice to the settlement of parties’
or transferred, the right to the possession opposing claims of juridical possession in an
thereof, along with all other rights of ownership,
appropriate proceeding (Heirs of Agapatio T.
transfers to its new owner. (Spouses Gallent v.
Velasquez, G.R. No. 203949, Apr. 6, 2016) Thus, it Olarte and Angela A. Olarte et. al. vs. Office of
is a ministerial duty of the court to issue a writ of the President of the Philippines et al., G.R. No.
possession in favor of the transferee of the 177995, June 15, 2011, Villarama, Jr., J.).
auction buyer.
───※ ·❆· ※─── In Abad vs. Farrales, G.R. No. 178635, April 11,
2011, the Supreme Court held that two
allegations are indispensable inactions for

21
forcible entry to enable first level courts to to Y. As the writ did not command the judgment
acquire jurisdiction over them: first, that the debtor to do anything, he cannot be guilty of the
plaintiff had prior physical possession of the facts described in Rule 71 which is “disobedience
property; and, second, that the defendant of or resistance to a lawful writ, process, order,
deprived him of such possession by means of judgment, or command of any court.” The proper
force, intimidation, threats, strategy, or stealth. procedure is for the sheriff to oust X availing of
However, before instituting the said action, I will the assistance of peace officers pursuant to
first endeavor to amicably settle the controversy Section 10(c) of Rule 39."
with the informal settlers before the appropriate
Lupon or Barangay Chairman. If there is no
agreement reached after mediation and
conciliation under the Katarungang Pambarangay
Law, I will secure a certificate to file action and
file the complaint for ejectment before the MTC
of Tagaytay City where the property is located
since ejectment suit is a real action regardless of
the value of the property to be recovered or
claim for unpaid rentals (BP 129 and RULE 4,
Section 1 of the Revised Rules on Civil
Procedure).
In the aforementioned complaint, I will allege
that Spouses Juan had prior physical possession
and that the dispossession was due to force,
intimidation and stealth. The complaint will
likewise show that the action was commenced
within a period of one (10 year from unlawful
deprivation of possession, and that the Spouses
Juan is entitled to restitution of possession
together with damage costs.

───※ ·❆· ※───

CONTEMPT (RULE 71)

QUESTION. Mr. Sheriff attempts to enforce a

Writ of Execution against X, a tenant in a
condominium unit, who lost in an ejectment
case. X does not want to budge and refuses to
leave. Y, the winning party, moves that X be
declared in contempt and after hearing, the
court held X guilty of indirect contempt. If you
were X's lawyer, what would you do? Why?
(2012 Bar Question)

SUGGESTED ANSWER:
"If I were X’s lawyer, I would file a petition for
certiorari under Rule 65. The judge should not
have acted on Y’s motion to declare X in
contempt. The charge of indirect contempt is
intiated through a verified petition (Sec. 4, Rule
71). The writ was not directed to X but to the
sheriff which was directed to deliver the property

22
 Hercules to get Inside the police station. Inside
SPECIAL PROCEEDINGS
the police station, Hercules asked the police
officer, "Sir, may problema po ba?" Instead of
EXTRAJUDICIAL SETTLEMENT BY replying, the police officer locked up Hercules
AGREEMENT BETWEEN HEIRS, WHEN Inside the police station jail.
ALLOWED (RULE 74)
a) What is the remedy available to Hercules to
secure his immediate release from detention?
QUESTION. As a rule, the estate shall not be (2%)
distributed prior to the payment of all charges
to the estate. What will justify advance b) If Hercules filed with the Ombudsman a
distribution as an exception?(A) The estate has complaint for warrantless search, as counsel
sufficient residual assets and the distributees for the police officer, what defense will you
file sufficient bond; (B) The specific property raise for the dismissal of the complaint? (3%)
sought to be distributed might suffer in value;
(C) An agreement among the heirs regarding c) If Hercules opts to file a civil action against
such distribution; or (D) The conformity of the the police officer, will he have a cause of
majority of the creditors to such distribution. action? (3%) (2015 Bar Question)
(2011 Bar Question)
SUGGESTED ANSWERS:
SUGGESTED ANSWER
(A) The estate has sufficient residual assets and (a) The remedy available to Hercules lo secure his
the distributees file sufficient bond. immediate release from detention is a petition
for writ of habeas corpus Under Rules on Special
QUESTION. In proceedings for the settlement Proceedings, the writ of habeas corpus Is
of the estate of deceased persons, the court in available In cases of illegal detention Said rules
which the action is pending may properly(A) provide that a court or judge authorized to grant
pass upon question of ownership of a real the wnt must, when the petition therefor is
property in the name of the deceased but presented and it appears that the writ ought to
claimed by a stranger; (B) pass upon with the issue, grant the same forthwith, and immediately
consent of all the heirs the issue of ownership thereupon the clerk of court shall issue the writ
of estate asset, contested by an heir if no or in case of emergency, the judge may issue the
third person is affected; (C) rule on a claim by writ under hIs own hand and may depute any
one of the heirs that an estate asset was held officer or person to serve it. [S5 R 102] The court
in trust for him by the deceased; (D) rescind a or judge before whom the writ Is returned must
contract of lease entered into by the deceased immediately proceed to hear and examine the
before death on the ground of contractual return [S12 R102]
breach by the lessee. (2011 Bar Question)
(b) I will raise the defense that the warrantless
SUGGESTED ANSWER search was authorized as a "'stop and frisk."
(B) pass upon with the consent of all the heirs the
issue of ownership of estate asset, contested by 'Stop and frisk" Is the right of a police officer to
an heir if no third person is affected. stop a citizen on the street. interrogate him and
───※ ·❆· ※─── pat him for weapons and contraband whenever he
observes unusual conduct which leads him to
conclude that criminal activity may be afoot
WRIT OF HABEAS CORPUS (RULE 102)
[Terry v. Ohio, 392 U S]

QUESTION. Hercules was walking near a police (c) Yes Hercules will have a cause of action
station when a police officer signaled for him
to approach. As soon as Hercules came near, Under the Civil Code provisions, any public officer
the police officer frisked him but the latter who violates the right of a person to freedom
found no contraband. The police officer told from arbitrary or illegal detention shall be liable

23
to the latter for damages The action to recover In a case involving similar facts, the Supreme
damages is an independent civil action [Anicle Court held that a foreign divorce decree must
32(4)] first be recognized before it can be given effect.
The Supreme Court stated that the recognition
Here Hercules was illegally detained as there was may be prayed for 1r the petition for cancellation
no probable cause to arrest him without warrant. of the marriage entry under Rule 108. [Corpuz v
Sto. Tomas, 628 SCRA 266 (2010)]
───※ ·❆· ※───
(b) I would file the petition in the regional trial
court of Makati City, where the corresponding
CANCELLATION OF CORRECTION OF
civil registry is located [S1 R 108]
ENTRIES IN THE CIVIL REGISTRY (RULE 108)

(c) For the Rule 108 petition, the jurisdictional

QUESTION. Hades, an American citizen, facts are the following:
through a dating website, got acquainted with 1) Joinder of the local civil registrar and all
Persephone, a Flllplna. Hades came to the persons who have or claim any interest
Philippines and proceeded to Baguio City which would be affected by petition
where Persephone resides. Hades and 2) Notice of the order of hearing to the
Persephone contracted marriage, solemnized persons named in the petition
by the Metropolitan Trial Court judge of 3) Publication of the order of hearing in a
Makati City. After the wedding, Hades flew newspaper of general circulation in the
back to California, United States of America, province.
to wind up his business affairs. On his return ───※ ·❆· ※───
to the Philippines, Hades discovered that
Persephone had an Illicit affair with Phanes.
WRIT OF AMPARO (A.M. NO. 07-9-12-SC)
Immediately, Hades returned to the United
States and was able to obtain a valid divorce
decree from the Superior Court of the County QUESTION. The residents of Mt. Ahohoy,
of San Mateo, California, a court of competent headed by Masigasig, formed a
jurisdiction against Persephone. Hades desires nongovernmental organization - Alyansa Laban
to marry Hestia, also a Flllplna, whom he met sa Minahan sa Ahohoy (ALMA) to protest the
at Baccus Grill In Pasay City. mining operations of Oro Negro Mining in the
mountain. ALMA members picketed daily at the
a) As Hades' lawyer, what petition should you entrance of the mining site blocking the
file in order that your client can avoid ingress and egress of trucks and equipment of
prosecution for bigamy 1f he desires to marry Oro Negro, hampering its operations.
Hestia? (2%) Masigasig had an altercation with Mapusok
arising from the complaint of the mining
b) In what court should you file the petition? (1 engineer of Oro Negro that one of their trucks
%) was destroyed by ALMA members.

c) What Is the essential requisite that you Mapusok is the leader of the Association of
must comply with for the purpose of Peace Keepers of Ahohoy (APKA), a civilian
establishing jurlsdlctional facts before the volunteer organization serving as auxiliary
court can hear the petition? (3%) (2015 Bar force of the local police to maintain peace and
Examinations) order in the area. Subsequently, Masigasig
disappeared. Mayumi, the wife of Masigasig,
SUGGESTED ANSWERS: and the members of ALMA searched for
(a) As Hade's lawyer, I would file a petition for Maslgaslg, but all their efforts proved futile.
cancellation of entry of marriage under Rule 108 Mapagmatyag, a member of ALMA, learned
with prayer for recognition of foreign divorce from Maingay, a member of APKA, during their
Judgment. binge drinking that Masigasig was abducted by
other members of APKA, on order of Mapusok.

24
Mayumi and ALMA sought the assistance of the Under the Rule on the Writ of Amparo, the filing
local police to search for Masigasig, but they of a petition by an authorized puty on behalf of
refused to extend their cooperation. the aggrieved party suspends the right of all
others. observing the order provided for in the
Immediately, Mayuml filed with the RTC, a Rule on the Writ of Amparo. [Sec. 2(c)]
petition for the Issuance of the writ of amparo
against Mapusok and APKA. ALMA also filed a Here the petition for writ of amparo had earlier
petition for the issuance of the writ of amparo been filed by the spouse of the aggrieved party
with the Court of Appeals against Mapusok and Masigasig. Thus, it suspends the right of all
APKA. Respondents Mapusok and APKA, in their others, including ALMA, to file the petition.
Return filed with the RTC, raised among their
defenses that they are not agents of the State; (c) The amparo petition shall be consolidated
hence, cannot be impleaded as respondents in with the criminal action [Section 23, Rule on the
an amparo petition. Wnt of Amparo]

a) Is their defense tenable? (3%) ───※ ·❆· ※───

Respondents Mapusok and APKA, In their WRIT OF KALIKASAN AM NO. 09-6-8 SC

Return filed with the Court of Appeals, raised
as their defense that the petition should be
dismissed on the ground that ALMA cannot file QUESTION: Distinguish the following:
the petition because of the earlier petition (a) Writ of Kalikasan and writ of continuing
filed by Mayuml with the RTC. mandamus (2019 Bar Question)

b) Are respondents correct in raising their SUGGESTED ANSWER:

defense? (3%)
A Writ of Kalikasan is a legal remedy designed to
c) Mayumi later filed separate criminal and protect and preserve the constitutional right of
civil actions against Mapusok. How will the the people to a balanced and healthful ecology. It
cases affect the amparo petition she earlier is invoked in cases involving environmental issues,
filed? (1 %) (2015 Bar Examinations) such as the violation of environmental laws,
damage to ecosystems, or threats to the
SUGGESTED ANSWERS: environment. The Writ of Kalikasan aims to
(a) No, the defense of Mapusok and APKA that safeguard and ensure the effective enforcement
they are not agents of the State and hence of environmental laws, and it can be sought by
cannot be impleaded as respondents in an amparo individuals, groups, or even government entities.
petition is not tenable The writ of amparo is On the other hand, writ of continuing mandamus
available in cases where the enforced or is a legal remedy that compels a public official or
involuntary disappearance of a person Is with the government agency to perform an act or duty
authorization, support and acquiescence of the mandated by law and to continue performing it
State. [See Sec. 3(g) of R.A. No. 9851 and Navia v. until the judgment or order is fully satisfied. It is
Pardico, 19 June 2012, e.b.] usually invoked in cases where there is a
prolonged and continuous violation or
Here Mapusok and APlKA may be considered as non-compliance with a clear legal duty or
acting with the support or at least the obligation by a government agency. The writ of
acquiescence of the State since APKA serves as an continuing mandamus aims to ensure the ongoing
auxiliary force of the police and the police performance of an obligation or duty by the
refused to assist in the search for Masigasig. concerned government entity or official.
───※ ·❆· ※───
(b) Yes, respondents are correct in raising their
defense.

25
 investigation should continue to assess Mr. Pork
CRIMINAL PROCEDURE
Chop's individual liability and any substantive
offenses he may have committed, even without
RULE 110 the conspiracy charge.

───※ ·❆· ※───

JURISDICTION
QUESTION. The information charges PNP Chief
Luis Santos, (Salary Grade 28), with "taking
QUESTION. Engr. Magna Nakaw, the District advantage of his public position as PNP Head
Engineer of the DPWH in the Province of by feloniously shooting JOSE ONA, inflicting on
Walang Progreso, and Mr. Pork Chop, a private the latter mortal wounds which caused his
contractor, were both charged in the Office of death." Based solely on this allegation, which
the Ombudsman for violation of the Anti-Graft court has jurisdiction over the case?(A)
and Corrupt Practices Act (RA. No. 3019) under Sandiganbayan only; (B) Sandiganbayan or
a conspiracy theory. While the charges were Regional Trial Court; (C) Sandiganbayan or
undergoing investigation in the Office of the Court Martial; or (D) Regional Trial Court only
Ombudsman, Engr. Magna Nakaw passed away.
Mr. Pork Chop immediately filed a motion to SUGGESTED ANSWER:
terminate the investigation and to dismiss the (D) Regional Trial Court Only
charges against him, arguing that because he
was charged in conspiracy with the deceased, ───※ ·❆· ※───
there was no longer a conspiracy to speak of
and, consequently, any legal ground to hold
him for trial had been extinguished. AMENDMENTS OR SUBSTITUTION OF
COMPLAINT OR INFORMATION
Rule on the motion to terminate filed by Mr.
Pork Chop, with brief reasons. (2017 Bar QUESTION. Leave of court is required to
Question). amend a complaint or information before
arraignment if the amendment __________.
SUGGESTED ANSWER: (1%)
The motion to terminate filed by Mr. Pork Chop,
arguing for the dismissal of the charges against (A) upgrades the nature of the offense from a
him due to the death of Engr. Magna Nakaw, lower to a higher offense and excludes any of
would likely be denied. Conspiracy is considered the accused
a continuing offense in criminal law, and the
death of one conspirator does not automatically (B) upgrades the nature of the offense from a
extinguish the conspiracy or absolve the surviving lower to a higher offense and adds another
conspirators of their potential criminal liability. accused
Each co-conspirator can be held individually
liable for their participation in the conspiracy. In (C) downgrades the nature of the offense from
this case, the charges against Mr. Pork Chop were a higher to a lower offense or excludes any
filed under a conspiracy theory, alleging accused
violations of the Anti-Graft and Corrupt Practices
Act. Even with the death of Engr. Magna Nakaw, (D) downgrades the nature of the offense from
the conspiracy charge itself does not a higher to a lower offense and adds another
automatically cease. Mr. Pork Chop can still be accused
held accountable for any substantive offenses he
personally committed, independent of the (E) All the above choices are inaccurate.
conspiracy charge.
SUGGESTED ANSWER:
Therefore, the motion to terminate filed by Mr. (C) downgrades the nature of the offense from a
Pork Chop would likely be denied. The higher to a lower offense or excludes any accused

26
 precede the filing of criminal action. In the
───※ ·❆· ※─── present case, the criminal case of bigamy was
filed first before the civil action for declaration
QUESTION. Which of the following is a correct of nullity of marriage. Therefore, there is no
statement of the rule on amendment of the prejudicial question, and the motion should not
information in a criminal proceeding? be granted.

(A) An amendment that downgrades the offense ───※ ·❆· ※───

requires leave of court even before the
accused pleads. QUESTION. The city prosecutor of Manila filed,
upon Soledad’s complaint, a criminal action for
(B) Substantial amendments are allowed with estafa against her sister, Wella, before the
leave of court before the accused pleads.\ RTC of Manila for selling to Victor a land that
she previously sold to Soledad. At the same
(C) Only formal amendments are permissible time Soledad filed a civil action to annul the
before the accused pleads. second sale before the RTC of Quezon City.
May the Manila RTC motu proprio suspend the
(D) After the plea, a formal amendment may criminal action on ground of prejudicial
be made without leave of court. question?

SUGGESTED ANSWER (A) Yes, if it may be clearly inferred that

(A) An amendment that downgrades the offense complainant will not object to the suspension
requires leave of court even before the accused of the criminal case.
pleads.
───※ ·❆· ※─── (B) No, the accused must file a motion to
suspend the action based on prejudicial
question.
PREJUDICIAL QUESTION

(C) Yes, if it finds from the record that such

QUESTION. Solomon and Faith got married in prejudicial question exists.
2005. In 2010, Solomon contracted a second
marriage with Hope. When Faith found out (D) Yes, if it is convinced that due process and
about the second marriage of Solomon and fair trial will be better served if the criminal
Hope, she filed a criminal case for bigamy case is suspended.
before the Regional Trial Court (RTC) of Manila
sometime in 2011. Meanwhile, Solomon filed a SUGGESTED ANSWER
petition for declaration of nullity of his first (B) No, the accused must file a motion to suspend
marriage with Faith in 2012, while the case for the action based on prejudicial question.
bigamy before the RTC of Manila is ongoing. ───※ ·❆· ※───
Subsequently, Solomon filed a motion to
suspend the proceedings in the bigamy case on
the ground of prejudicial question. He asserts RULE 111
that the proceedings in the criminal case
should be suspended because if his first
WHEN CIVIL ACTION MAY PROCEED
marriage with Faith will be declared null and
INDEPENDENTLY
void, it will have the effect of exculpating him
from the crime of bigamy. Decide. (2014 Bar
Question). QUESTION. While in his Nissan Patrol and
hurrying home to Quezon City from his work in
SUGGESTED ANSWER Makati, Gary figured in a vehicular mishap
Motion should not be granted. In the case of along that portion of EDSA within the City of
Dreamwork Construction Inc. v. Janiola, for a Mandaluyong. He was bumped from behind by
prejudicial question to arise, the civil action must a Ford Expedition SUV driven by Horace who

27
was observed using his cellular phone at the
RULE 112
time of the collision. Both vehicles - more than
5 years old – no longer carried insurance other
than the compulsory third party liability REMEDIES OF THE ACCUSED WHEN THERE
insurance. Gary suffered physical injuries WAS NO PRELIMINARY INVESTIGATION
while his Nissan Patrol sustained damage in
excess of Php500,000.
───※ ·❆· ※───
If Gary chooses to file an independent civil
action for damages, explain briefly this type QUESTION. You are the defense counsel of
of action: its legal basis; the different Angela Bituin who has been charged under RA
approaches in pursuing this type of action; the 3019 ( Anti-Graft and Corrupt Practices Act )
evidence you would need; and types of before the Sandiganbayan. While Angela has
defenses you could expect. (2013 Bar posted bail, she has yet to be arraigned.
Question) Angela revealed to you that she has not been
investigated for any offense and that it was
SUGGESTED ANSWER only when police officers showed up at her
Civil actions are separate from criminal actions. residence with a warrant
Civil actions require merely a preponderance of (A) What "before-trial" remedy would you
evidence and proceed independently of criminal invoke in Angela’s behalf to address the fact
prosecution. Section 3 of Rule 111 authorizes the that she had not been investigated at all, and
offended party to file an independent civil action how would you avail of this remedy? (2013 Bar
under Article 33 and 2176 of the New Civil Code. Question)

Here are the plaintiff's options: SUGGESTED ANSWER:

1. File the civil lawsuit independently from the I will file a Motion for the conduct of preliminary
criminal proceedings. investigation or reinvestigation and the quashal
2. Start a civil suit without a criminal case. or recall of the warrant of arrest in the Court
3. Proceed with the criminal case. where the case is pending with an additional
prayer to suspend the arraignment. Under Section
In an independent civil action, Gary's testimony, 6 of Rule 112 of the Rules of Court, after the
the medical report and certificate of his injuries, filing of the complaint or information in court
hospital and medical bills, receipts of payments, without a preliminary investigation, the accused
police report, proof of his car's damage, and may within five days from the time he learns of
witnesses' affidavits that Horace was using his its filing ask for preliminary investigation with the
cell phone at the time are required. same right to adduce evidence in his defense.
I will also show Gary's pay slip to show that he
was employed at the time of the accident and Moreover, Section 26, Rule 114 of the Rules on
was unable to work due to his injuries. The Criminal Procedure provides that an application
attending doctor of Gary will verify the medical for or admission to bail shall not bar the accused
report and abstract. Preponderance of evidence from challenging the validity of his arrest or
is enough to convict Horace. legality of the warrant issued therefor, or from
assailing the regularity or questioning the
Fortuitous incident, force majeure, and acts of absence of a preliminary investigation of the
God are possible defenses. The defendant can charge against him, provided that he raises them
also claim contributory negligence. The before entering his plea. The court shall resolve
defendant can also argue the standard defenses the matter as early as practicable but not later
that (a) plaintiff will be entitled to double than the start of the trial of the case.
compensation or recovery, and (b) defendant will
be forced to litigate twice and incur the cost of ALTERNATIVE ANSWER:
litigation twice. I will file a Motion to Quash on the ground that
the Sandiganbayan has no jurisdiction over the
person of the accused (Section 3, Rule 117 of the

28
Rules of Criminal Procedure). The Sandiganbayan
has exclusive original jurisdiction over violations
RULE 113
of R.A. 3019 (Anti-graft and Corrupt Practices
law) where one or more of the accused are
officials occupying the enumerated positions in ARREST WITHOUT WARRANT, WHEN
the government whether in a permanent, acting, LAWFUL
or interim incapacity, at the time of the
commission of the offense (Sec. 4, R.A. 8249).
QUESTION. Give at least two instances when a
In Bondoc vs. Sandiganbayan, G.R. No. 71163-65, peace officer or a private person may make a
November 9, 1990, the Supreme Court held that valid warrantless arrest. (2017 Bar Question)
before the Sandiganbayan may lawfully try a
private individual under PD 1606, the following SUGGESTED ANSWER
requisites must be established: (a) he must be Under Rule 113, Section 5 of the Rules of Court, a
charged with a public officer/employee; and (b) peace officer or a private person
he must be tried jointly. Since the may make a valid warrantless arrest in the
aforementioned requisites are not present, the following instances:
Sandiganbayan has no jurisdiction.
1. When, in his presence, the person to be
───※ ·❆· ※─── arrested has committed, is actually
committing, or is attempting to commit an
QUESTION.: In a neighborhood bicycle race, Mr. offense;
A bumped the bicycle of one of his 2. When an offense has just been committed, and
competitors, Mr. B, in order to get ahead. This he has probable cause to
caused the latter to lose control of the bike believe based on personal knowledge of facts or
which hit the concrete pavement and sent Mr. circumstances that the person
B crashing headfirst into the sidewalk. By the to be arrested has committed it; and
time the organizers got to him, Mr. B was 3. When the person to be arrested is a prisoner
dead. Law enforcement authorities who who has escaped from a penal
witnessed the incident arrested Mr. A without establishment or place where he is serving final
a warrant, and immediately brought him to the judgment or is temporarily
inquest prosecutor for the conduct of an confined while his case is pending, or has escaped
inquest. Thereafter, an Information for while being transferred from
Homicide was filed by the inquest prosecutor one confinement to another.
without the conduct of a preliminary
investigation. The next day Mr. A requested ───※ ·❆· ※───
for the conduct of a preliminary investigation.
Is Mr. A's request permissible? Explain. (2019 QUESTION. Under Section 5, Rule 113 a
Bar Question) warrantless arrest is allowed when an offense
has just been committed and the peace officer
SUGGESTED ANSWER: has probable cause to believe, based on his
Yes, Mr. A’s request is permissible. The law personal knowledge of facts or circumstances,
provides that after the filing of the complaint that the person to be arrested has committed
or information in court without a it. A policeman approaches you for advice and
preliminary investigation, the accused may, asks you how he will execute a warrantless
within five (5) days from the time he learns of its arrest against a murderer who escaped after
filing, ask for a preliminary investigation with the killing a person. The policeman arrived two (2)
same right to adduce evidence in his defense. hours after the killing and a certain Max was
Hence, Mr. A may request for a preliminary allegedly the killer per information given by a
investigation witness. He asks you to clarify the following:

───※ ·❆· ※───

29
(a) How long after the commission of the crime proceeded to the condo unit identified by Paz.
can he still execute the warrantless arrest? PO 1 Remus knocked at the door and when a
(2016 Bar Question) man opened the door, PO1 Remus and his
companions introduced themselves as police
SUGGESTED ANSWER: officers. The man readily identified himself as
The arrest must be made within 24 hours after Oasis Jung and gestured to them to come in.
the commission of the crime. Where the arrest Inside, the police officers saw a young lady
took place a day after the commission of the with her nose bleeding and face swollen. Asked
crime, it cannot be said that an offense has just by P02 Romulus what happened, the lady
been committed. (People v. Del Rosario, 305 responded that she was beaten up by Oasis
SCRA 740). Jung. The police officers arrested Oasis Jung
and brought him and the young lady back to
───※ ·❆· ※─── the police station. PO1
Remus took the young lady's statement who
identified herself as AA. She narrated that she
RULE 114
is a sixteen-year-old high school student; that
previous to the incident, she had sexual
BAIL, WHEN A MATTER OF RIGHT intercourse with Oasis Jung at least five times
on different occasions and she was paid
P5,000.00 each time and it was the first time
QUESTION. Mr. P was charged with that Oasis Jung physically hurt her. P02
Plunder before the Sandiganbayan along Romulus detained Oasis Jung at the station's
with several government officials. Before his jail. After the inquest proceeding, the public
arraignment, he filed a petition for bail. This prosecutor filed an information for Violation
was objected to by the prosecution which of R.A. No. 9262 (The VAWC Law) for physical
insisted that he should first be arraigned violence and five separate informations for
before he applies for bail, considering that violation of R.A. No. 7610 (The Child Abuse
grant of bail will result in the accused fleeing Law). Oasis Jung's lawyer filed a motion to be
the court's jurisdiction. When is bail a matter admitted to bail but the court issued an order
of right before conviction? (2019 Bar Question) that approval of his bail bond shall be made
only after his arraignment. (2015 Bar
SUGGESTED ANSWER: Question)
Under the law, all persons in custody shall be
admitted to bail as a matter of right, with a.) Did the court properly impose that bail
sufficient sureties, or released on condition?
recognizance as prescribed by law or this Rule
(a) before or after conviction by the Metropolitan SUGGESTED ANSWER:
Trial Court, Municipal Trial Court, Municipal Trial
Court in Cities, or Municipal Circuit Trial Court, No. The court did not properly impose that bail
and (b) before conviction by the Regional Trial condition. In the case of Serapio v.
court of an offense not punishable by death, Sandiganbayan, the court held that the Revised
reclusion perpetua, or life imprisonment. Rules of Criminal Procedure do not require the
arraignment of the accused as prerequisite to the
───※ ·❆· ※─── conduct of hearings in the bail petition. A person
is allowed to file a petition for bail as soon as he
HEARING OF APPLICATION FOR BAIL IN is deprived of his liberty by virtue of his arrest or
CAPITAL OFFENSE voluntary surrender. Therefore, the court’s order
approving of the accused’s bail shall only be
made after his arraignment is improper.
QUESTION. Paz was awakened by a commotion
coming from a condo unit next to hers.
Alarmed, she called up the nearby police ───※ ·❆· ※───
station. PO1 Remus and P02 Romulus

30
 SUGGESTED ANSWER:
QUESTION. A was charged with murder in the No, because a plea of guilty to a lesser offense
lower court. His Petition for Bail was denied may be allowed if the lesser offense is necessarily
included in the offense charged. (Rule 116, sec.
after a summary hearing on the ground that
2). Estafa involving P5,000.00 is not necessarily
the prosecution had established a strong included in theft of an article worth P15,000.00.
evidence of guilt. No Motion for
Reconsideration was filed from the denial of ───※ ·❆· ※───
the Petition for Bail. During the reception of
the evidence of the accused, the accused
RULE 117
reiterated his petition for bail on the ground
that the witnesses so far presented by the
accused had shown that no qualifying
MOTION TO QUASH
aggravating circumstance attended the
killing. The court denied the petition on the
grounds that it had already ruled that: (i) the QUESTION. Pedrito and Tomas, Mayor and
Treasurer, respectively, of the Municipality of
evidence of guilt is strong; (ii) the resolution
San Miguel, Leyte, are charged before the
for the Petition for Bail is solely based on the Sandiganbayan for violation of Section 3(e), RA
evidence presented by the prosecution; and no. 3019 (Anti-Graft and Corrupt Practices
(iii) no Motion for Reconsideration was filed Act). The information alleges, among others,
from the denial of the Petition for Bail. (2014 that the two conspired in the purchase of
Bar Question) several units of computer through personal
canvass instead of a public bidding, causing
undue injury to the municipality. Before
b.) Suppose the accused is convicted of the
arraignment, the accused moved for
crime of homicide and the accused filed a reinvestigation of the charge, which the court
Notice of Appeal, is he entitled to bail? granted. After reinvestigation, the Office of
the Special Prosecutor filed an amended
SUGGESTED ANSWER: information duly signed and approved by the
Yes. Under Rule 114, Section 5 of the Rules of Special Prosecutor, alleging the same delictual
Court, bail is a matter of right,where an offense facts, but with an additional allegation that
the accused gave unwarranted benefits to SB
is not punishable by death, reclusion perpetua, or
enterprises owned by Samuel. Samuel was also
life imprisonment. Here, the crime of homicide is indicted under the amended information.
not an offense punishable by death. Therefore,
the accused is entitled to bail. Before Samuel was arraigned, he moved to
quash the amended information on the ground
that the officer who filed had no authority to
RULE 116 do so. Resolve the motion to quash with
reasons.

ARRAIGNMENT AND PLEA

SUGGESTED ANSWER:
The motion to quash filed by Samuel should be
granted. There is no showing that the special
WHEN MAY ACCUSED ENTER A PLEA OF
prosecutor was duly authorized or deputized to
GUILTY TO A LESSER OFFENSE prosecute Samuel. Under R.A. No. 6770, also
known as the Ombudsman Act of 1989, the
QUESTION. D was charged with theft of an Special Prosecutor has the power and authority,
article worth P15,000.00. Upon being under the supervision and control of the
arraigned, he pleaded not guilty to the offense Ombudsman, to conduct preliminary investigation
charged. Thereafter, before trial commenced, and prosecute criminal cases before the
he asked the court to allow him to change his Sandiganbayan and perform such other duties
plea of not guilty to a plea of guilty but only assigned to him by the Ombudsman (Calingin vs.
to estafa involving P5,000.00. Can the court Desierto, 529 SCRA 720 [2007]). Absent a clear
allow D to change his plea? (2017 Bar delegation of authority from the Ombudsman to
Question) the Special Prosecutor to file the information, the
latter would have no authority to file the same.

31
The Special Prosecutor cannot be considered an The grounds which the accused can raise in
alter ego of the Ombudsman as the doctrine of moving for the quashal of the information are the
qualified political agency does not apply to the following:
office of the Ombudsman. In fact, the powers of
the office of the Special Prosecutor under the law 1. THE INFORMATION CHARGES MORE THAN ONE
may be exercised only under the supervision and OFFENSE. The information charges two offenses,
control and upon authority of the that is, rape and sexual abuse. Worse, the
Ombudsman (Perez vs. Sandiganbayan, charges are stated in the alternative, making it
503 SCRA 252 [2006]). unclear to the accused as to what offense exactly
he is being charged with.
───※ ·❆· ※───
2. THE INFORMATION DOES NOT CONFORM
QUESTION. A criminal information is filed in SUBSTANTIALLY TO THE REQUIRED FORM. The
court charging Anselmo with homicide. information merely states that the accused
Anselmo files a motion to quash the committed acts of lasciviousness upon the victim
information on the ground that no preliminary without specifying what those acts of
investigation was conducted. Will the motion lasciviousness were.
be granted? Why or why not? (3%)
───※ ·❆· ※───
SUGGESTED ANSWER:
NO, the motion to quash will not be granted. The QUESTION. A was charged before the
lack of preliminary investigation is not a ground Sandiganbayan with a crime of plunder, a
for a motion to quash under the Rules of Criminal non-bailable offense, where the court had
Procedure. Preliminary investigation is only a already issued a warrant for his arrest. Without
statutory right and can be waived. The accused A being arrested, his lawyer filed a Motion to
should instead file a motion for reinvestigation Quash Arrest Warrant and to Fix Bail, arguing
within five (5) days after he learns of the filing in that the allegations in the information did not
Court of the case against him (Sec. 6, Rule 112, charge the crime of plunder but a crime of
as amended). malversation, a bailable offense. The court
denied the motion on the ground that it had
───※ ·❆· ※─── not yet acquired jurisdiction over the person of
the accused and that the accused should be
under the custody of the court since the crime
GROUNDS charged was nonbailable The accused’s lawyer
counter-argued that the court can rule on the
motion even if the accused was at-large
QUESTION. The information against Roger
because it had jurisdiction over the subject
Alindogan for the crime of acts of
matter of the case. According to said lawyer,
lasciviousness under Article 336 of the Revised
there was no need for the accused to be under
Penal Code avers: "That on or about 10:30
the custody of the court because what was filed
o'clock in the evening of February 1, 2010 at
was a Motion to Quash Arrest and to Fix Bail,
Barangay Matalaba, Imus, Cavite and within
not a Petition for Bail.
the jurisdiction of this Honorable Court, the
above-named accused, with lewd and unchaste
(a) If you are the Sandiganbayan, how will you
design, through force and intimidation, did
rule on the motion? (3%)
then and there, wilfully, unlawfully and
feloniously commit sexual abuse on his
SUGGESTED ANSWER:
daughter, Rose Domingo, a minor of 11 years
I will deny the motion to quash and fix bail.
old, either by raping her or committing acts of
lasciviousness on her, against her will and
The Rules of Criminal Procedure is clear that a
consent to her damage and prejudice.
motion to quash can be availed of only when a
ground or grounds set therein are available as
The accused wants to have the case dismissed
when the facts charged do not constitute an
because he believes that the charge is
offense. Moreover, an application for bail sets in
confusing and the information is defective.
only when the accused has already acquired
What ground or grounds can he raise in moving
custody of the accused.
for the quashal of the information? Explain.
(2016 Bar Question)
Here, the information charges an offense which is
the non bailable crime of plunder. Besides, the
SUGGESTED ANSWER:
warrant of arrest has yet to be filed, meaning

32
that A is not yet under the custody of the court.
DOUBLE JEOPARDY
Therefore, the motion to quash and fix bail has
no basis hence should be denied.
QUESTION. McJolly is a trouble-maker of sorts,
(b) If the Sandiganbayan denies the motion, always getting into brushes with the law. In
what judicial remedy should the accused one incident, he drove his Humvee recklessly,
undertake? (2%) hitting a pedicab which sent Rits driver and
passengers in different directions. The pedicab
SUGGESTED ANSWER: driver died, while two (2) of the passengers
If the Sandiganbayan denies the motion, the suffered slight physical injuries. Two (2)
accused should proceed to trial. Information were then filed against McJolly.
One, for Reckless Imprudence Resulting in
Under the Rules of Criminal Procedure, an order Homicide and Damage to Property, and two,
denying a motion to quash is an interlocutory for Reckless Imprudence Resulting in Slight
order which is neither appealable nor subject to a Physical Injuries. The latter case was
petition for certiorari. scheduled for arraignment earlier, on which
occasion McJolly immediately pleaded guilty.
Therefore, the remedy of the accused is to He was meted out the penalty of public
proceed to trial, await its judgment, then appeal censure. A month later, the case for reckless
an unfavorable judgment. imprudence resulting in homicide was also set
for arraignment. Instead of pleading, McJolly
───※ ·❆· ※─── interposed the defense of double jeopardy.
Resolve. (2017 Bar Question)
SINGLE OFFENSE RULE SUGGESTED ANSWER:
The defense of double jeopardy is meritorious
QUESTION. Rodolfo is charged with possession and the second information for reckless
of unlicensed firearms in an information filed imprudence resulting in homicide should be
in the Regional Trial Court. It was alleged quashed on the ground of double jeopardy. The
therein that Rodolfo was in possession of two Supreme Court has held that reckless imprudence
unlicensed firearms: a .45 caliber and a .32 is a single crime and that its consequences on
caliber. Under Republic Act No. 8294, persons and property are material only to
possession of an unlicensed 45 caliber gun is determine the penalty. Here there was only one
punishable by prision mayor in its minimum act and crime of reckless imprudence. The death,
period and a fine of P30.00Q.00. while the physical injuries, and the damage to the
possession of an unlicensed .32 caliber gun is tricycle are only consequences of the same
punishable by prision correccional in its reckless act of McJolly. Hence there was double
maximum period and a fine of not less than PI jeopardy when a second information arising from
5,000.00. As counsel of the accused, you the same reckless act was brought against the
intend to file a motion to quash the accused. (Ivler v. Modesto-San Pedro, 17
Information. What ground or grounds should November 2010).
you invoke? Explain. (4%)
───※ ·❆· ※───
SUGGESTED ANSWER:
The ground for the motion to quash is that more
RULE 119
than one offense is charged in the information
(Sec. 3[f], Rule 117, 2000 Rules of Criminal
Procedure). Likewise, the RTC has no jurisdiction
over the second offense of possession of an TRIAL
unlicensed .32 caliber gun, punishable by prision
correccional in its maximum period and a fine of
not less than P15,000.00, It is the MTC that has DEMURRER TO EVIDENCE WITHOUT LEAVE
exclusive and original jurisdiction over offenses OF COURT
punishable by imprisonment not exceeding six
years. (Sec. 2, Republic Act No. 7691 [1994],
amending Sec. 32 (2) , B.P. Big. 129) [1980]. QUESTION. Still in another case, this time for
illegal possession of dangerous drugs, the
───※ ·❆· ※─── prosecution has rested but you saw from the
records that the illegal substance allegedly
involved has not been identified by any of the

33
prosecution witnesses nor has it been the Reconsideration. The court favorably granted
subject of any stipulation. Should you now the motion of Ludong downgrading his
proceed posthaste to the presentation of conviction from murder to homicide but denied
defense evidence or consider some other the motion as regards Balatong and Labong.
remedy? Explain the remedial steps you (4%)
propose to undertake. (2013 Bar Question)
(a) Was the court correct in taking cognizance
SUGGESTED ANSWER: of the Joint Motion for Reconsideration?
No. I will not proceed with the presentation of
defense evidence. I will first file a motion for (b) Can Balatong and Labong appeal their
leave to file demurrer to evidence within five (5) conviction in case Ludong accepts his
days from the time the prosecution has rested its conviction for homicide?
case. If the Motion is granted, I will file a
demurrer to evidence within a non-extendible SUGGESTED ANSWER:
period of ten (10) days from notice on the ground (a) No the court was not correct in taking
of insufficiency of evidence. In the alternative, I cognizance of the Joint Motion for
may immediately file a demurrer to evidence Reconsideration insofar as Balatong and Labong
without leave of court. (Section 23, Rule 119, were concerned.
Rules of Criminal Procedure)
Under Section 6 Rule 120, if the judgment was for
In People v. De Guzman, GR No, 186498, March conviction and the failure of the accused to
26, 2010, the Supreme Court held that in a appear was without justifiable cause, he shall
prosecution for violation of the Dangerous Drugs lose the remedies available under the Rules of
Act, the existence of the dangerous drug is a Court and the court shall order his arrest. The
condition sine qua non for conviction. The accused may regain the remedies only if he
dangerous drug is the very corpus delicti of the surrenders and files a motion for leave to avail of
crime. the remedies under the Rules of Court.

Similarly, in People v. Sitco, GR No. 178202, May Here, the failure of Balatong and Labong to
14, 2010, the High Court held that in prosecutions appear was without justifiable cause as even
involving narcotics and other illegal substances, their lawyers were not aware of the reason for
the substance itself constitutes part of the corpus their absence Hence they lost their remedies
delicti of the offense and the fact of its existence under the Rules. Since Balatong and Labong did
is vital to sustain a judgment of conviction not surrender and file a motion for leave to avail
beyond reasonable doubt. of remedies it was incorrect for the trial court to
take cognizance of the Joint motion for
───※ ·❆· ※─── reconsideration insofar as Balatong and Labong
were concerned. The trial court should instead
have ordered their arrest. [People v. De Grano. 5
RULE 120 AND 121 June 2009 Peralta. J]

On the other hand it was correct for the trial

QUESTION. Ludong, Balatong, and Labong were
court to take cognizance of the Joint motion for
charged with murder. After trial, the court
reconsideration insofar as Ludong was concerned
announced that the case was considered
since he and his lawyer were present during the
submitted for decision. Subsequently, the Clerk
promulgation.
of Court issued the notices of promulgation of
judgment which were duly received. On
(b) No, Balatong and Labong cannot appeal their
promulgation day, Ludong and his lawyer
conviction in case Ludong accepts his conviction
appeared. The lawyers of Balatong and Labong
for homicide. Since Balatong and Labong failed to
appeared but without their clients and failed
appear during the promulgation of the conviction
to satisfactorily explain their absence when
without justifiable cause, they lost the remedies
queried by the court. Thus, the Judge ordered
under the Rules of Court including the remedy of
the Clerk of Court to proceed with the reading
an appeal.
of the judgment convicting all the accused.
With respect to Balatong and Labong, the
───※ ·❆· ※───
judge ordered that the judgment be entered in
the criminal docket and copies be furnished
their lawyers. The lawyers of Ludong, RULE 126
Balatong, and Labong filed within the
reglementary period a Joint Motion for

34
 believe that Ho Pia and Sio Pao have in their
SEARCH AND SEIZURE
possession or
control, in a two (2) door apartment with an
QUESTION. A PDEA asset/informant tipped the iron gate located at Jupiter St., Sta.
PDEA Director Shabunot that a shabu Cruz, Laguna, undetermined amount of "shabu"
laboratory was operating in a house at Sta. and drug manufacturing
Cruz, Laguna, rented by two (2) Chinese implements and paraphernalia which should be
nationals, Ho Pia and Sio Pao. PDEA Director seized and brought to the
Shabunot wants to apply for a search warrant, undersigned.
but he is worried that if he applies for a
search warrant in any Laguna court, their plan You are hereby commanded to make an
might leak out. immediate search, at any time in the day
or night, of the premises above described and
a.) Where can he file an application of a forthwith seize and take possession
search warrant? of the abovementioned personal property, and
b.) What documents should he prepare in his bring said property to the undersigned to be
application for search warrant? dealt with as the law directs. Witness my hand
c.) Describe the procedure that should be this 1st day of March, 2012.
taken by the judge on the application (2012
Bar Question) (signed)
Judge XYZ
SUGGESTED ANSWER
a.) Under Rule 126, Section 2(b) of the Rules of c.) Suppose an unlicensed armalite was found
Court, the PDEA Director may file an application in plain view by the searchers and
for search warrant in any court within the judicial the warrant was ordered quashed, should the
region where the crime was committed. court order the return of the same to
the Chinese nationals? Explain your answer.
b.) The PDEA Director should prepare a petition
for a search warrant, and attach the necessary SUGGESTED ANSWER
sworn statements and affidavits therein. No, the court should not order the return of the
armalite. The possession of an unlicensed firearm
c.) Under Rule 126, Section 5, the judge must is is considered a mala prohibita offense under RA
first examine personally in the form of searching 10591. Therefore, despite the illegality of the
questions and answers, in writing and under oath, seach warrant, its seizure in plain view would
the complainant and the witnesses he may result in the firearm not being returned to the
produce on facts personally known to them and Chinese nationals.
attach to the record their sworn statements,
together with the affidavits submitted. If the
judge is satisfied of the existence of the facts ───※ ·❆· ※───
upon which the facts are based, he shall issue the
warrant, which must be in the form prescribed
under the rules. PROVISIONAL REMEDIES IN CRIMINAL CASE
───※ ·❆· ※───
QUESTION. At the Public Attorney's Office
station in Taguig where you are assigned, your
PLAIN VIEW DOCTRINE
work requires you to act as public defender at
the local Regional Trial Court and to handle
QUESTION. Suppose the judge issues the search cases involving indigents. (A) In one criminal
warrant worded in this way: action for qualified theft where you are the
defense attorney, you learned that the woman
TO ANY PEACE OFFICER accused has been in detention for six months,
yet she has not been to a courtroom nor seen a
Greetings: judge. What remedy would you undertake to
It appearing to the satisfaction of the address the situation and what forum would
undersigned after examining under oath PDEA you use to invoke this relief? (2013 Bar
Director Shabunot that there is probable cause Question)
to believe that violations of Section 18 and 16
of R.A. 9165 have been committed and that SUGGESTED ANSWER:
there are good and sufficient reasons to Section 7, Rule 119 provides, if the public
attorney assigned to defend a person charged

35
with a crime knows that the latter is preventively
detained, either because he is charged with a
bailable crime but has no means to post bail, or,
is charged with a non-bailable crime, or, is
serving a term of imprisonment in any penal
institution, it shall be his duty to do the
following: (a) Shall promptly undertake to obtain
the presence of the prisoner for trial or cause a
notice to be served on the person having custody
of the prisoner requiring such person to so advise
the prisoner of his right to demand trial. (b) Upon
receipt of that notice, the custodian of the
prisoner shall promptly advise the prisoner of the
charge and of his right to demand trial. If at any
time thereafter the prisoner informs his custodian
that he demands such trial, the latter shall cause
notice to that effect to be sent promptly to the
public attorney.

───※ ·❆· ※───

36
 EVIDENCE ───※ ·❆· ※───

QUESTION. Which of the following admissions

RULE 129 made by a party in the course of judicial
proceedings is a judicial admission?

QUESTION. A court may take judicial notice of: (a) Admissions made in a pleading signed by
the party and his counsel intended to
(a) The Twitter account of President Aquino. be filed.
(b) A Committee Report issued by the (b) An admission made in a pleading in another
Congressional Committee on Labor Relations. case between the same parties.
(c) The effects of taking aspirin everyday. (c) Admission made by counsel in open court.
(d) The arbitral award issued by International (d) Admissions made in a complaint superseded
Court of Arbitration. (2012 Bar Question) by an amended complaint.

SUGGESTED ANSWER SUGGESTED ANSWER

(b) A Committee Report issued by the (c) Admission made by counsel in open court.
Congressional Committee on Labor Relations.
───※ ·❆· ※───
───※ ·❆· ※───

QUESTION. Which of the following matters is RULE 130

NOT A PROPER SUBJECT of judicial notice?

(a) People have killed even witout motive DOCUMENTARY EVIDENCE

(b) Municipal ordinances where the MCTC sits
(c) Teleconferencing is now a way of business
ORIGINAL DOCUMENT RULE
transactions
(d) British law on succession which is
personally known by the judge (2011 Bar Note: This was formerly referred to as the “Best
Question) Evidence Rule”.
───※ ·❆· ※───
SUGGESTED ANSWER
(d) British law on succession which is personally QUESTION. Police officers arrested Mr. Druggie
known by the judge in a buy-bust operation and confiscated from
him 10 sachets of shabu and several marked
───※ ·❆· ※─── genuine peso bills worth P5,000.00 used as the
buy-bust money during the buy-bust operation.
QUESTION. A vicarious admission is considered At the trial of Mr. Druggie for violation of R.A.
an exception to the hearsay rule. It, however, No. 9165 (Comprehensive Dangerous Drug Act
does not cover: of 2002), the Prosecution offered in evidence,
among others, photocopies of the confiscated
(a) admission by a conspirator marked genuine peso bills. The photocopies
(b) admission by a privy were offered to prove that Mr. Druggie had
(c)judicial admission engaged at the time of his arrest in the illegal
(d)adoptive admission (2014 Bar Question) selling of dangerous drugs. Invoking the Best
Evidence Rule, Atty. Maya Bang, the defense
SUGGESTED ANSWER counsel, objected to the admissibility of the
(c) judicial admission - this is because of the res photocopies of the confiscated marked genuine
inter alios acta rule, where as a general rule, the peso bills. Should the trial judge sustain the
rights of a party cannot be prejudiced by an act, objection of the defense counsel? Briefly
declaration, or omission of another. explain your answer. (2017 Bar Question)

37
 that the best evidence rule does not apply if the
SUGGESTED ANSWER: purpose of offering the document is not to prove
No, the trial judge should not sustain the defense its contents but its existence. The reason is that
counsel's objection. In People v. Tandoy (G.R. No. the best evidence rule applies only to
80505, December 4, 1990), the Supreme Court documentary evidence and not to object
held that the best evidence rule applies only evidence. (People v. Tandoy, 192 SCRA 28)
when the contents of the document are the
subject of Inquiry. Where the issue is only as to ───※ ·❆· ※───
whether or not such a document was actually
executed, or exists, or the circumstances
TESTIMONIAL EVIDENCE
relevant to or surrounding its execution, the best
evidence rule does not apply and testimonial
evidence is admissible. FILIAL PRIVILEGE
Here, the marked money was presented by the
prosecution solely for the purpose of establishing
its existence and not its contents. Other QUESTION. In a case for Attempted Parricide
substitutionary evidence, like a photocopy brought against Mr. M by his wife, Mrs. N, their
thereof, is therefore admissible without the need son, C, was called as a witness for the
of presenting the original. Hence, the best prosecution. Mr. M's counsel objected, invoking
evidence rule does not apply in this case. The the filial privilege rule.
trial judge, therefore, should not sustain the
defense counsel's objection. Should the objections of Mr. M's counsel be
sustained? Explain.
Atty. Maya Bang, however, may object to the
photocopies of the confiscated marked genuine SUGGESTED ANSWER:
peso bills for being hearsay evidence. Since it No, the objections of Mr. M’s counsel in both
does not appear that the prosecution was able to cases should be overruled.
establish that its submission of photocopied
documents is justified under Rule 130, Sections 3 The objection of Mr. M’s counsel invoking the
(a), (b), and (d) of the Rules of Court, said filial privilege rule should be overruled.
photocopied documents do not have any
probative weight and should be disregarded Under the Law on Evidence, the filial privilege
whether objected to or not (Republic v. Mupas, rule is a privilege of the witness not to testify
G.R. No. 181892, April 19,2016). against his direct ascendant. It is the privilege of
the witness not the person he is being called to
───※ ·❆· ※─── testify against.

QUESTION. In a case for specific performance Here the one invoking the filial privilege is not
and damages, plaintiff Q presented the witness but the ascendant against whom the
photocopies of the contracts he had executed witness is being called upon to testify.
with defendant R for the purpose of
establishing their existence. Defendant R's Hence the objection based on filial privilege
counsel objected to the admission of said should be overruled.
photocopies, invoking the best evidence rule.
(2019 Bar Question) ───※ ·❆· ※───

(a) Should the objection of defendant R's MARITAL DISQUALIFICATION RULE

counsel be sustained? Explain

QUESTION. For over a year, Nenita had been

SUGGESTED ANSWER:
estranged from her husband Walter because of
No, the objection of defendant R's counsel should
the latter’s suspicion that she was having an
not be sustained. The Supreme Court has held
affair with Vladimir, a barangay kagawad who

38
lived in nearby Mandaluyong. Nenita lived in obtained a copy of the confidential psychiatric
the meantime with her sister in Makati. One evaluation report on his wife from the
day, the house of Nenita’s sister inexplicably secretary of the psychiatrist. Can he testify on
burned almost to the ground. Nenita and her the said report without offending the rule on
sister were caught inside the house but Nenita privileged communication? Explain. (2016 Bar
survived as she fled in time, while her sister Question)
tried to save belongings and was caught inside
when the house collapsed. As she was running SUGGESTED ANSWER:
away from the burning house, Nenita was Yes, John can testify on the psychiatric report
surprised to see her husband also running without offending the rule on privileged
away from the scene. Dr. Carlos, Walter’s communication. In a case involving similar facts,
psychiatrist who lived near the burned house the Supreme Court held that there is no violation
and whom Walter medically consulted after of physician-patient privilege since the one
the fire, also saw Walter in the vicinity some testifying is not the psychiatrist. The privilege
minutes before the fire. Coincidentally, Fr. bars only the physician, not other persons. (Krohn
Platino, the parish priest who regularly hears v. Court of Appeals, 233 SCRA 146). There is no
Walter’s confession and who heard it after the violation of marital communication privilege since
fire, also encountered him not too far away the report is not a confidential communication
from the burned house. Walter was charged between spouses. There is also no violation of the
with arson and at his trial, the prosecution marital disqualification rule since the case
moved to introduce the testimonies of Nenita, involves an exception, that is, a civil case by one
the doctor and the priest-confessor, who all spouse against the other.
saw Walter at the vicinity of the fire at about
the time of the fire. (2013 Bar Question) ───※ ·❆· ※───

May the testimony of Nenita be allowed over

PRIVILEGED COMMUNICATION,
the objection of Walter?
DOCTOR-PATIENT

SUGGESTED ANSWER
Nenita’s testimony should be disallowed. Rule QUESTION. For over a year, Nenita had been
130, Section 22 of the Rules of Court provides estranged from her husband Walter because of
that neither the husband nor the wife may testify the latter’s suspicion that she was having an
for or against the other without the consent of affair with Vladimir, a barangay kagawad who
the affected spouse, except in a civil case by one lived in nearby Mandaluyong. Nenita lived in
against the the meantime with her sister in Makati. One
other, or in a criminal case for a crime committed day, the house of Nenita’s sister inexplicably
by one against the other or the latter's direct burned almost to the ground. Nenita and her
descendants or ascendants. In the present case, sister were caught inside the house but Nenita
the exception does not apply as the criminal case survived as she fled in time, while her sister
is not against Nenita, and her sister is neither her tried to save belongings and was caught inside
direct ascendant nor descendant. Therefore, the when the house collapsed. As she was running
Marital Disqualification Rule should apply, and her away from the burning house, Nenita was
testimony be disallowed. surprised to see her husband also running
away from the scene. Dr. Carlos, Walter’s
───※ ·❆· ※─── psychiatrist who lived near the burned house
and whom Walter medically consulted after
the fire, also saw Walter in the vicinity some
PRIVILEGED COMMUNICATION (MARITAL)
minutes before the fire. Coincidentally, Fr.
Platino, the parish priest who regularly hears
QUESTION. John filed a petition for Walter’s confession and who heard it after the
declaration of nullity of his marriage to Anne fire, also encountered him not too far away
on the ground of psychological incapacity from the burned house. Walter was charged
under Article 36 of the Family Code. He with arson and at his trial, the prosecution

39
moved to introduce the testimonies of Nenita, (b) No, since Asiong did not make the
the doctor and the priest-confessor, who all statement during the conspiracy.
saw Walter at the vicinity of the fire at about (c) Yes, since it constitutes admission against a
the time of the fire. (2013 Bar Question) co-conspirator.
(d) Yes, since it part of the res gestae.
May the testimony of Dr. Carlos, Walter’s
psychiatrist, be allowed over Walter’s SUGGESTED ANSWER
objection? (b) No, since Asiong did not make the statement
during the conspiracy.
SUGGESTED ANSWER:
Yes. The testimony of Walter’s psychiatrist may ───※ ·❆· ※───
be allowed. The privileged communication
contemplated under Sec. 24 (c) Rule 130 of the
HEARSAY RULE
Rules on Evidence involves only persons
authorized to practice medicine, surgery or
obstetrics. QUESTION. A foreign dog trained to sniff
dangerous drugs from packages, was hired by
───※ ·❆· ※─── FDP Corporation, a door-to-door forwarder
company, to sniff packages in their depot at
the international airport. In one of the
ADMISSIONS AND CONFESSIONS
routinary inspections of packages waiting to
be send to the United States of America (USA),
the dog sat beside one of the packages, a
RES INTER ALIOS ACTA RULE
signal that the package contained dangerous
drugs. Thereafter, the guards opened the
QUESTION. In which of the following situations package and found two (2) kilograms of
is the declaration of a deceased person cocaine. The owner objected of the package
against his interest NOT ADMISSIBLE against was arrested and charges were filed against
him or his successors and against third him. During the trial, the prosecution, through
persons? the trainer who was present during the
incident and an expert in this kind of field,
(a) Declaration of a joint debtor while the debt testified that the dog was highly trained to
subsisted. sniff packages to determine if the contents
(b) Declaration of a joint owner in the course were dangerous drugs and the sniffing
of ownership. technique of their highly trained dogs was
(c) Declaration of a former co-partner after accepted worldwide and had been successful in
the partnership has been dissolved. dangerous drugs operations. The prosecution
(d) Declaration of an agent within the scope of moved to admit this evidence to justify the
his authority. (2011 Bar Question) opening of the package. The accused objected
on the grounds that: (i) the guards had no
SUGGESTED ANSWER personal knowledge of the contents of the
(c) Declaration of a former co-partner after the package before it was opened; (ii) the
partnership has been dissolved. testimony of the trainer of the dog is hearsay;
───※ ·❆· ※─── and (iii) the accused could not crossexamine
the dog. Decide. (2014 Bar Question)
QUESTION. Henry testified that a month after
the robbery Asiong, one of the accused, told SUGGESTED ANSWER:
him that Carlos was one of those who The objections of the accused should be
committed the crime with him. Is Henry’s overruled. An evidence is admissible when it is
testimony regarding what Asiong told him relevant to the issue and is not excluded by the
admissible in evidence against Carlos? law or the rules. Under the Rules of Court, a
witness can testify only to those which he knows
(a) No, since it is hearsay. of his personal knowledge and derived from his

40
own perception. The contention that the guards the prosecution of Arnulfo for the criminal
had no personal knowledge of the contents of the killing of Venancio and Vicente, are all the
package before it was opened is without merit. statements of Venancio admissible as dying
The guards can testify as to the facts surrounding declarations? Explain your answer. (2017 Bar
the opening of the package since they have Question)
personal knowledge of the circumstances thereof,
being physically present at the time of its SUGGESTED ANSWER:
discovery. On the other hand, the testimony of No, not all the statements of Venancio are
the trainer of the dog is not hearsay based on the admissible as dying declarations. Under the Rules
following grounds: a. He has personal knowledge on Evidence, a dying declaration is admissible as
of the facts in issue, having witnessed the same; an exception to the hearsay rule provided that
b. Hearsay merely contemplates an out-of-court such declaration relates to the cause of the
declaration of a person which is being offered to declarant’s death. Venancio’s statement that it
prove the truthfulness and veracity of the facts was Arnulfo who shot him is admissible as a dying
asserted therein; c. He is an expert witness, declaration. The same related to Venancio’s own
hence, his testimony may constitute an exception demise. It may be inferred that Venancio had
to the hearsay rule; d. The accused has the consciousness of his impending death since he
opportunity to cross-examine him; and e. suffered gunshot wounds to his chest which would
Testimony of a witness as to statements made by necessarily be mortal wounds. However,
nonhuman declarants does not violate the rule Venancio’s statement that it was Arnulfo who
against hearsay. The law permits the so-called shot Vicente is not admissible as a dying
“non-human evidence” on the ground that declaration since it did not relate to the cause of
machines and animals, unlike humans, lack a the declarant’s death but to the death of another
conscious motivation to tell falsehoods, and person.
because the workings of machines can be ───※ ·❆· ※───
explained by human witnesses who are then
subject to cross-examination by opposing
PART OF RES GESTAE
counsel. (City of Webster Groves v. Quick. 323
S.W. 2d 386 [Mo. 1959]; Buck v. State, 138 P. 2d
115 [Okla. 1943]; Herrera, 1999). Conversely, the QUESTION. While passing by a dark
accused may not argue that he cannot uninhabited part of their barangay, PO2
cross-examine the dog as the Constitutional right Asintado observed shadows and heard screams
to confrontation refers only to witnesses. As from a distance. PO2 Asintado hid himself
alluded, the human witnesses who have explained behind the bushes and saw a man beating a
the workings of the non-human evidence is the woman whom he recognized as his neighbor,
one that should be cross examined. Hence, the Kulasa.
contention of the accused that he could not
cross-examine the dog is misplaced. Ergo, there is When Kulasa was already in agony the man
no doubt that the evidence of the prosecution is stabbed her and she fell on the ground. The
admissible for being relevant and competent. man hurriedly left thereafter. PO2 Asintado
immediately went to Kulasa’s rescue. Kulasa
───※ ·❆· ※─── who was then in a state of hysteria, kept
mentioning to PO2 Asintado “Si Rene, gusto
akong patayin! Sinaksak niya ako!” When PO2
DYING DECLARATION
Asintado was about to carry her, Kulasa
refused and said “Kaya ko. Mababaw lang to.
QUESTION. Immediately before he died of Habulin mo si Rene.”The following day, Rene
gunshot wounds to his chest, Venancio told the learned of Kulasa’s death and, bothered by his
attending physician, in a very feeble voice, conscience, surrendered to the authorities
that it was Arnulfo, his co-worker, who had with his counsel. As his surrender was
shot him. Venancio added that it was also broadcasted all over media, Rene opted to
Arnulfo who had shot Vicente, the man whose release his statement to the press which goes:
cadaver was lying on the bed beside him. In

41
“I believe that I am entitled to the In addition, the statement of PO2 Asintado may
presumption of innocence until my guilt is fall within the purview of the doctrine of
proven beyond reasonable doubt. Although I independent relevant statement, where only the
admit that I performed acts that may take fact that such statements were made is relevant,
one’s life away, I hope and pray that justice and the truth and falsity thereof is immaterial
will be served in the right way. God bless us (People v. Malibiran, G.R. No. 178301, April 24,
all. 2009).
(Sgd.)
Rene” On the other hand, Kulasa’s statements are also
admissible as part of res gestae since the same
The trial court convicted Rene of homicide on were made under the influence of a startling
the basis of PO2 Asintado’s testimony, Kulasa’s event and without any opportunity to concoct or
statements, and Rene’s statement to the press. devise a falsehood.
On appeal, Rene raises the following errors:
(b) The trial court did not err in holding that
a) The trial court erred in giving weight to PO2 Rene’s statement to the press is a confession.
Asintado’s testimony, as the latter did not Rene’s confessions to the media were properly
have personal knowledge of the facts in issue, admitted because statements spontaneously
and violated Rene’s right to due process when made by a suspect to news reporters on a
it considered Kulasa’s statements despite lack televised interview are deemed voluntary and are
of opportunity for her cross- examination. admissible in evidence (People v. Hipona, G.R.
No. 185709, February 18, 2010).
b) The trial court erred in holding that Rene’s
statement to the press was a confession which, ───※ ·❆· ※───
standing alone, would be sufficient to warrant
a conviction. Resolve. (2014 Bar Question)
CHARACTER EVIDENCE

SUGGESTED ANSWERS:
(a) The trial court did not err in giving weight to QUESTION. In an attempt to discredit and
PO2 Asintado’s testimony. impeach a Prosecution witness in a
homicide case, the defense counsel called
While a witness can only testify as to those facts to the stand a person who had been the
which he has personal knowledge, the Rules boyhood friend and next-door neighbor of
provide that a statement made under the the Prosecution witness for 30 years. One
question that the defense counsel asked of
influence of a startling event witnessed by the
the impeaching witness was: "Can you tell
person who made the declaration before he had this Honorable Court about the general
time to think and make up a story, or to concoct reputation of the prosecution witness in
or contrive a falsehood, or to fabricate an your community for aggressiveness and
account, and without any undue influence in violent tendencies?" Would you, as the
obtaining it, aside from referring to the event in trial prosecutor, interpose your objection
to the question of the defense counsel?
question or its immediate attending
Explain your answer. (2017 Bar Question)
circumstances, is an exception being part of res
gestae (Belbis, Jr., v. People, G.R. No. 181052, SUGGESTED ANSWER:
November 14, 2012). I, as the trial prosecutor, would interpose my
objection to defense counsel’s question on
In the case, the statements made by PO2 the ground of improper impeachment. Under
Asintado constitutes part of res gestae since the the Law on Evidence, an adverse party’s
witness may be properly impeached by
same were made without any opportunity to
reputation evidence provided that it is to the
fabricate and while a startling occurrence was effect that the witness’s general reputation
actually taking place. for honesty, truth, or integrity was bad. [S11
R132] The reputation must only be on
character for truthfulness or untruthfulness.

42
[Cordial v. People, 166 SCRA 17] Here the
evidence is not on the Prosecution witness’s
QUESTION. What is the mode of appeal
general reputation for honesty, truth, or
applicable to the following cases, and what
integrity but on his aggressive and violent
issues may be raised before the reviewing
tendencies. The evidence had nothing to do
court/tribunal? (2017 Bar)
with the witness’s character for truthfulness
or untruthfulness. Hence the impeachment
a. The decision or final order of the National
was improper.
Labor Relations Commission.
───※ ·❆· ※───
b. The judgment or final order of the RTC in
the exercise of its appellate jurisdiction.
OFFER AND OBJECTION
SUGGESTED ANSWERS:
(a) There is no mode of appeal from a decision or
QUESTION. Immediately after the witness
final order of the NLRC, since such decision or
had been sworn in to testify, without any
final order is final and executory pursuant to the
formal offer of his testimony, Atty. A
Labor Code (Art. 223). The remedy of the
started asking questions on direct
aggrieved party is to file a special civil action for
examination to the
certiorari with the Court of Appeals (St. Martin
witness. The court may still consider his
Funeral Home v. NLRC, G.R. No. 103866,
testimony if:
September 16, 1998). Such special civil action
may raise questions both of fact and law
(a) the formal offer is done after the
(Aggabao v. COMELEC, G.R. No. 163756, January
direct testimony.
26, 2005).
(b) the opposing counsel did not object.
(c) the witness is an expert witness.
(b) The mode of appeal applicable to judgments
(d) the opposing counsel offered to
or final orders of the RTC in the exercise of its
stipulate on the testimony given (2012 Bar
appellate jurisdiction is a petition for review
Question)
under Rule 42. The petition may raise questions
both of fact and law. (Sec. 2, Rule 42)
SUGGESTED ANSWER:
(b) the opposing counsel did not object.
───※ ·❆· ※───
───※ ·❆· ※───
APPEALS IN CIVIL PROCEDURE: MODES OF
QUESTION. A narrative testimony is APPEAL FROM JUDGMENTS OR FINAL
usually objected to but the court may
allow such testimony if: ORDERS OF VARIOUS COURTS/TRIBUNALS

(a) it would expedite trial and give the

court a clearer understanding of the RULE 41
matters related;
(b) the witness is of advanced age;
(c) the testimony relates to family QUESTION. Mr. Avenger filed with Regional
genealogy; Trial Court (RTC) a complaint against Ms.
(d) the witness volunteers information not Bright for annulment of deed of sale and other
sought by the examiner. (2012 Bar documents. Ms. Bright filed a motion to
Question) dismiss the complaint on the ground of lack of
cause of action. Mr. Avenger filed an
SUGGESTED ANSWER opposition to the motion to dismiss. State and
(a) it would expedite trial and give the court discuss the appropriate remedy/ remedies
a clearer understanding of the matters under each of the following situations:
related;
If the RTC grants Ms. Bright’s motion to dismiss
ALTERNATIVE ANSWER and dismisses the complaint on the ground of
(b) the witness is of advanced age; lack of cause of action, what will be the
remedy/ remedies of Mr. Avenger? (2014 Bar
Question)
APPEALS: GENERAL PRINCIPLES
SUGGESTED ANSWER

43
Mr. Avenger may file a Motion for Practices Act," in Criminal Case No. 4321 . Mr.
Reconsideration. If denied, he could file an J moved for the reconsideration of the
appeal to the Court of Appeals under Rule 41 Ombudsman's Joint Decision but was denied.
since a dismissal based on lack of cause of action
Unperturbed, Mr. J filed a petition for
(under Rule 33) is appealable.
───※ ·❆· ※─── certiorari under Rule 65 of the Rules of Court
before the Court of Appeals (CA), assailing the
Ombudsman's Joint Decision in Administrative
RULE 42 Case No. 1234 and Criminal Case No. 4321.

QUESTION. What is the mode of appeal However, the CA dismissed the petition
applicable to judgments or final orders of the outright, holding that such petition constitutes
RTC in the exercise of its appellate an Improper remedy to assail the
jurisdiction, and what issues may be raised administrative and criminal aspects of the
before the reviewing court/tribunal? (2017 aforementioned Ombudsman ruling.
Bar)
Was the CA's dismissal of Mr. J's petition
SUGGESTED ANSWER: correct? Explain. (5%) (2019 Bar Examinations)
The mode of appeal applicable to judgments or
final orders of the RTC in the exercise of its SUGGESTED ANSWER:
appellate jurisdiction is a petition for review Yes, the CA's dismissal of Mr. J's petition was
under Rule 42. The petition may raise questions correct. The Supreme Court has held that the
both of fact and law. (Sec. 2, Rule 42) proper remedy from the decision of- the
Ombudsman in an administrative disciplinary case
───※ ·❆· ※─── is a petition for review to the Court of Appeals
under Rule 43 and not a special civil action for
certiorari [Fabian v. Desierto, 16 September 1998]
RULE 43
The Supreme Court has also held that the proper
QUESTION. As a result of an anonymous remedy an aggrieved party from a decision or
complaint, Mr. J, a local public official, was order of the Office of the Ombudsman in a
held administratively liable for Grave criminal case is to file a petition for certiorari
Misconduct by the Office of the Ombudsman before the Supreme Court. [Estrada v. Desierto.
(Ombudsman) in Administrative Case No. 1234. 445 SCRA 655 (2004)]
As such, he was imposed the penalty of
dismissal from service. The Ombudsman also Here while Mr. J availed of a special civil action
found probable cause to indict him for for certiorari. He filed it with the CA and not the
violation of Section 3 (b) of Republic Act Supreme Court. Hence the dismissal of Mr. J's
No.3019, or the " Anti-Graft and Corrupt petition for certiorari was correct.

44
REMEDIAL LAW
REMEDIAL LAW
REMEDIAL LAW
REMEDIAL LAW
REMEDIAL LAW
REMEDIAL LAW
REMEDIAL LAW
REMEDIAL LAW
REMEDIAL LAW
REMEDIAL LAW
NUAS
NUAS
REMEDIAL LAW
REMEDIAL LAW
 ───※ ·❆· ※───
GENERAL PRINCIPLES
QUESTION. What is the doctrine of judicial
HIERARCHY OF COURTS stability or non-interference? (2012 Bar
Question)

QUESTION. What is the doctrine of hierarchy (A) Once jurisdiction has attached to a court,
of courts? (2017 Bar Question) it cannot be deprived of it by subsequent
happenings or events. (B) Courts will not
SUGGESTED ANSWER
hear and decide cases involving issues that
come within the jurisdiction of administrative
The doctrine of hierarchy of courts provide that
tribunals. (C) No court has the authority to
recourse must first be made to a lower-ranked
interfere by injunction with the judgment of
court exercising concurrent jurisdiction with a
another court of coordinate jurisdiction. (D) A
higher court (Gios-Samar v. Department of
higher court will not entertain direct resort to
Transportation, G.R. No. 217158, March 12,
it unless the redress sought cannot be obtained
2019).
from the appropriate court
───※ ·❆· ※───
SUGGESTED ANSWER
QUESTION. Which of the following NOT TRUE
(C) No court has the authority to interfere by
regarding the doctrine of judicial hierarchy?
injunction with the judgment of another court of
(2011 Bar Question)
coordinate jurisdiction.
(a) It derives from a specific and mandatory
───※ ·❆· ※───
provision of substantive law. (b) The Supreme
Court may disregard the doctrine in cases of
national interest and matters of serious JURISDICTION
implications. (c) A higher court will
not entertain direct recourse to it if redress
can be obtained in the appropriate courts. FAMILY COURT
(d) The reason for it is the need for higher
courts to devote more time to matters within QUESTION. Juliet invoking the provisions of
their exclusive jurisdiction. the Rule on Violence Against Women and their
Children filed with the RTC designated as a
SUGGESTED ANSWER Family Court a petition for issuance of a
Temporary Protection Order (TPO) against her
(a) It derives from a specific and mandatory husband, Romeo. The Family Court issued a
provision of substantive law. 30-day TPO against Romeo. A day before the
expiration of the TPO, Juliet filed a motion for
───※ ·❆· ※─── extension. Romeo in his opposition raised,
among others, the constitutionality of R.A. No.
JUDICIAL AUTONOMY 9262 (The VAWC Law) arguing that the law
authorizing the issuance of a TPO violates the
QUESTION. A judicial compromise has the equal protection and due process clauses of
effect of _______ and is immediately the 1987 Constitution. The Family Court judge,
executory and in granting the motion for extension of the
TPO, declined to rule on the constitutionality
is not appealable. (2012 Bar Question) of R.A. No. 9262. The Family Court judge
reasoned that Family Courts are without
SUGGESTED ANSWER jurisdiction to pass upon constitutional issues,
being a special court of limited jurisdiction
Res Judicata and R.A. No. 8369, the law creating the Family
Courts, does not provide for such jurisdiction.

45
Is the Family Court judge correct when he Republic in all criminal cases, and should pursue
declined to resolve the constitutionality of a remedy under Rule 65 of the Rules of Court.
R.A. No. 9262? (2015 Bar Question)
───※ ·❆· ※───
SUGGESTED ANSWER:
OMBUDSMAN
No, the Family Court judge was not correct when
he declined to resolve the constitutionality of
R.A. No. 9262. QUESTION. Engr. Magna Nakaw, the District
Engineer of the DPWH in the Province of
The Supreme Court has held that despite its Walang Progreso, and Mr. Pork Chop, a private
designation as a Family Court, a Regional Trial contractor, were both charged in the Office of
Court remains possessed of authority as a court of the Ombudsman for violation of the Anti-Graft
general jurisdiction to resolve the and Corrupt Practices Act (R.A. No. 3019)
constitutionality of a statute. (Garcia v. Drilon, under a conspiracy theory.
25 June 2013)
While the charges were undergoing
───※ ·❆· ※───
investigation in the Office of the Ombudsman,
Engr. Magna Nakaw passed away. Mr. Pork
OFFICE OF THE SOLICITOR GENERAL Chop immediately filed a motion to terminate
the investigation and to dismiss the charges
against him, arguing that because he was
QUESTION. Jaime was convicted for murder by charged in conspiracy with the deceased, there
the Regional Trial Court of Davao City in a was no longer a conspiracy to speak of and,
decision promulgated on September 30, 2015. consequently, any legal ground to hold him for
On October 5, 2015, Jaime filed a Motion for trial had been extinguished.
New Trial on the ground that errors of law and
irregularities prejudicial to his rights were Rule on the motion to terminate filed by Mr.
committed during his trial. On October 7, Pork Chop, with brief reasons. (2017 Bar
2015, the private prosecutor, with the Question)
conformity of the public prosecutor, filed an
Opposition to Jaime's motion. On October 9, SUGGESTED ANSWER:
2015, the court granted Jaime's motion. On
October 12, 2015, the public prosecutor filed a
Mr. Pork Chop’s motion to terminate the
motion for reconsideration. The court issued
investigation before the Office of the
an Order dated October 16, 2015 denying the
Ombudsman is denied.
public prosecutor's motion for reconsideration.
The public prosecutor received his copy of the
In a case involving similar facts, the Supreme
order of denial on October 20, 2015 while the
Court held that the death of a co-conspirator,
private prosecutor received his copy on
even if he was the lone public officer, did not
October 26, 2015.
mean that the allegation of conspiracy to violate
c.) Who should pursue the remedy (2015 Bar the Anti-Graft Law could no longer be proved or
Question) that the alleged conspiracy was already
expunged. The only thing extinguished by the
death of a co-conspirator was his criminal
SUGGESTED ANSWER liability. His death did not extinguish the crime
nor did it remove the basis of the charge of
The Office of the Solicitor General (OSG) should conspiracy between him and private respondent.
pursue the remedy. Under PD 4478, the OSG is to [People v. Go, 25 March 2014, Peralta, J.]
represent the government in the Supreme Court,
and Court of Appeals in all criminal proceedings. ───※ ·❆· ※───
Therefore, it is the OSG that should represent the

46
 City of Z of Province II was extremely damaged
PRIMARY JURISDICTION
when it was bulldozed and leveled to the
ground, and several trees and plants were cut
QUESTION. ABC Homeowners Association, Inc. down and burned by workers of World Pleasure
sued Mr. X before the Regional Trial Court Resorts, Inc. (WPRI) for the construction of a
(RTC) for collection of unpaid association hotel and golf course. Upon inquiry with the
dues. Mr. X filed a motion to dismiss solely on project site engineer if they had a permit for
the ground of lack of jurisdiction, asserting the project, Maingat was shown a copy of the
that the Housing and Land Use Regulatory Environmental Compliance Certificate (ECC)
Board has exclusive jurisdiction over disputes issued by the DENR-EMB, Regional Director
among homeowners and their associations. The (RD-DENR-EMB). Immediately, Maingat and STK
RTC denied Mr. X's motion, maintaining that it filed a petition for the issuance of a writ of
has jurisdiction over the case. This prompted continuing mandamus against RD-DENR-EMB
Mr. X to file a petition for certiorari under and WPRI with the RTC of Province I, a
Rule 65 of the Rules of Court before the designated environmental court, as the
Supreme Court, alleging grave abuse of RD-DENR-EMB negligently issued the ECC to
discretion on the part of the RTC in denying his WPRI.
motion to dismiss.
On scrutiny of the petition, the court
Is Mr. X's chosen remedy of certiorari and determined that the area where the alleged
direct recourse to the Supreme Court proper? actionable neglect or omission subject of the
Explain. (2019 Bar Question) petition took place in the City of Z of Province
II, and therefore cognizable by the RTC of
SUGGESTED ANSWER: Province II. Thus, the court dismissed outright
the petition for lack of jurisdiction.
No, Mr. X’s chosen remedy of certiorari and direct
recourse to the Supreme Court is improper. Under
Should the court dismiss the petition? (2015
the Doctrine of Hierarchy of Courts in certiorari
Bar Question)
petitions, although the Supreme Court has
concurrent jurisdiction in certiorari cases, a
direct recourse to the Supreme Court should be SUGGESTED ANSWER:
resorted to only when there are special and No, the court should not dismiss the petition.
important reasons therefore. Here there is no
showing of any special and important reason for a The Supreme Court has held that in
direct recourse to the Supreme Court. Hence the environmental cases, the defense of failure to
direct filing of the certiorari petition with the exhaust administrative remedies by appealing the
Supreme Court is improper. [Montes v. Court of ECC issuance would apply only if the defect in the
Appeals, 4 May 2006] issuance of the ECC does not have any causal
relation to the environmental damage.
───※ ·❆· ※───
Here the issuance of the ECC has a direct causal
relation to the environmental damage since it
EXHAUSTION OF ADMINISTRATIVE REMEDIES permitted the bulldozing of a portion of the
mountain and the cutting down and burning of
QUESTION. A law was passed declaring Mt. several trees and plants. (See Paje v. Casiño, 3
Karbungko as a protected area since it has a February 2015).
major watershed. The protected area covered
a portion located in Municipality A of the ───※ ·❆· ※───
Province I and a portion located in the City of
Z of Province II. Maingat is the leader of MTC VS. RTC
Samahan ng Tagapag-ingat ng Karbungko
(STK), a people's organization. He learned
QUESTION. What trial court outside Metro
that a portion of the mountain located in the
Manila has exclusive original jurisdiction over

47
the following cases? Explain briefly your is incapable of pecuniary estimation and thus
answers. within the exclusive original jurisdiction of
the RTC pursuant to B.P. Blg. 129. [Heirs of
(a) An action filed on November 13, 2017 to Bautista v. Lindo, 10 March 2014]
recover the possession of an apartment unit
being occupied by the defendant by mere ───※ ·❆· ※───
tolerance of the plaintiff, after the former
ignored the last demand to vacate that was JURISDICTION OVER THE PARTIES
duly served upon and received by him on July
6, 2016. (2.5%)
QUESTION. Teddy filed against Buboy an
(b) A complaint in which the principal relief action for rescission of a contract for the
sought is the enforcement of a seller's sale of a commercial lot. After having
contractual right to repurchase a lot with an been told by the wife of Buboy that her
assessed value of ₱15,000.00. (2017 Bar husband was out of town and would not be
Question) back until after a couple of days, the
sheriff requested the wife to just receive
the summons in behalf of her husband. The
SUGGESTED ANSWERS:
wife acceded to the request, received the
a.) It would be either the MTC or the RTC summons and a copy of the complaint, and
depending upon the assessed value of the signed for the same.
apartment unit.
If Buboy files a motion to dismiss the
Under B.P. Blg. 129, jurisdiction over real complaint based on the twin grounds of
actions is vested in the MTC if the assessed lack of jurisdiction over his person and
value of the real property involved does not prescription of the cause of action, may
exceed P20,000 and in the RTC if such he be deemed to have voluntarily
assessed value exceeds P20,000. The action submitted himself to the jurisdiction of
to recover possession can no longer be one the court? Explain your answer briefly
for unlawful detainer since it was brought (2017 Bar Question).
beyond one year from the last demand to
vacate.
SUGGESTED ANSWER:
(b) Exclusive original jurisdiction is vested in
the MTC. No, Buboy may not be deemed to have
voluntarily submitted himself to the
The Supreme Court has held that where the
jurisdiction of the court.
ultimate relief sought by an action is the
assertion of title to real property, the action Under the Rules of Civil Procedure, the
is a real one and not one incapable of inclusion in a motion to dismiss on other
pecuniary estimation. [Brgy. Piapi v. Talip, 7 grounds aside from lack of personal
Sep 2005] jurisdiction shall not be deemed a voluntary
appearance. [Section 20, Rule 14]
Here the ultimate relief sought by the
complaint is the assertion of title since the
seller seeks to exercise his right to
repurchase. Hence the action is a real one CIVIL PROCEDURE
and jurisdiction is vested in the MTC since
the assessed value does not exceed P20,000.
ACTIONS; SPECIFIC PERFORMANCE
ALTERNATIVE ANSWER:
b) Exclusive original jurisdiction is vested in QUESTION. A bought a Volvo Sedan from ABC
the Regional Trial Court. Cars for P 5.0M. ABC Cars, before delivering to
The Supreme Court has held that an action to A, had the car rust proofed and tinted by XYZ
enforce the right of redemption is one which Detailing. When delivered to A, the car's

48
upholstery was found to be damaged. ABC Cars
and XYZ Detailing both deny any liability. Who
EFFECTS ON STIPULATIONS ON VENUE
can A sue and on what cause(s) of action?
Explain. (5%) (2012 Bar Question)
QUESTION. After working for 25 years in the
SUGGESTED ANSWER: Middle East, Evan returned to the Philippines
A can file an action for specific performance and to retire in Manila, the place of his birth and
damages against ABC Cars since the damage to childhood. Ten years before his retirement, he
the Volvo Sedan‟s upholstery was caused before bought for cash in his name a house and lot in
the delivery of the same to A, and therefore prior Malate, Manila. Six months after his return, he
to the transfer of ownership to the latter. (Article learned that his house and lot were the subject
1477, New Civil Code). Under Article 1170 of the of foreclosure proceedings commenced by ABC
New Civil Code, those who contravene the tenor Bank on the basis of a promissory note and a
of the obligation are liable for damages. Hence, deed of real estate mortgage he had allegedly
an action for specific performance against ABC executed in favor of ABC Bank five years
Corporation to deliver the agreed Volvo Sedan in earlier. Knowing that he was not in the country
the contract, free from any damage or defects, at the time the promissory note and deed of
with corresponding damages will lie against ABC mortgage were supposedly executed, Evan
Cars. forthwith initiated a complaint in the RTC of
Manila praying that the subject documents be
ALTERNATIVE ANSWER: declared null and void. ABC Bank filed.a
A can sue ABC Cars for specific performance or motion to dismiss Evan's complaint on the
rescission because the former has contractual ground of improper venue on the basis of a
relations with the latter. stipulation in both documents designating
Quezon City as the exclusive venue in the
───※ ·❆· ※─── event of litigation between the parties arising
out of the loan and mortgage. Should the
motion to dismiss ABC Bank be granted?
VENUE OF REAL ACTIONS
Explain your answer. (2017 Bar Question)

QUESTION. A, a resident of Quezon City, wants SUGGESTED ANSWER:

to file an action against B, a resident of No, the motion to dismiss ABC Bank should not be
Pasay, to compel the latter to execute a Deed granted. In a case involving similar facts, the
of Sale covering a lot situated in Marikina and Supreme Court held that a party is not bound by a
that transfer of title be issued to him claiming venue stipulation where he directly assails on the
ownership of the land. Where should A file the ground of forgery the validity of the contracts
case? Explain. (5%) (2012 Bar Question) containing the venue stipulation. The reason is
that such a party cannot be expected to comply
SUGGESTED ANSWER: with the venue stipulation since his compliance
A should file the case in Marikina, the place therewith would mean an implicit recognition of
where the real property subject matter of the the validity of the contracts he assails. [Briones v.
case is situated. An action for specific Cash Asia Credit Corp., 14 January 2015,
performance would still be considered a real Perlas-Bernabe, J.]
action where it seeks the conveyance or transfer
of real property, or ultimately, the execution of ───※ ·❆· ※───
deeds of conveyance of real property. (Gochan vs.
Gochan, 423 Phil. 491, 501 [2001]; Copioso vs.
IMPROPER VENUE
Copioso, 391 SCRA 325 [2002])

───※ ·❆· ※─── QUESTION. A sued B in the RTC of Quezon City,

joining two causes of action: for partition of
real property and breach of contract with
VENUE
damages. Both parties reside in Quezon City

49
but the real property is in Manila. May the ───※ ·❆· ※───
case be dismissed for improper venue? (2011
Bar Question) PERMISSIVE COUNTERCLAIM

SUGGESTED ANSWER
No. According to the rules of court, causes of QUESTION. Defendant Dante said in his
action pertaining to different venues may be answer: "1. Plaintiff Perla claims that
joined in the RTC if one of the causes of action defendant Dante owes her P4,000 on the
falls within its jurisdiction. Since one of the mobile phone that she sold him; 2. But Perla
causes of action is located in Quezon City, the owes Dante P6,000 for the dent on his car that
case may be tried in Quezon City. she borrowed." How should the court treat the
second statement? (2011 Bar Question)
───※ ·❆· ※───
(a) A cross claim
(b) A compulsory counterclaim
PLEADINGS
(c) A third party complaint
(d) A permissive counterclaim
COMPULSORY COUNTERCLAIM
SUGGESTED ANSWER
(d) A permissive counterclaim
QUESTION. Abraham filed a complaint for
damages in the amount of P750,000.00 against ───※ ·❆· ※───
Salvador in the RTC in Quezon City for the
latter's alleged breach of their contract of
AFFIRMATIVE DEFENSE
services. Salvador promptly filed his answer,
and included a counterclaim for P250,000.00
arising from the allegedly baseless and QUESTION. Dorton Inc. (Dorton) sued Debra
malicious claims of Abraham that compelled Commodities Inc. (Debra), Daniel, and Debbie
him to litigate and to engage the services of in the RTC of Manila for recovery of a sum of
counsel, and thus caused him to suffer mental money. The complaint alleged that, on October
anguish. Noting that the amount of the 14, 2017, Debra obtained a loan from Dorton
counterclaim was below the exclusive original in the amount of PhP 10 million with interest
jurisdiction of the RTC, Abraham filed a of 9% per annum. The loan was evidenced by a
motion to dismiss vis-a-vis the counterclaim on promissory note (PN) payable on demand
that ground. Should the counterclaim of signed by Daniel and Debbie, the principal
Salvador be dismissed? Explain your answer. stockholders of Debra, who also executed a
(2017 Bar Question) Surety Agreement binding themselves as
sureties. Copies of both the PN and the Surety
SUGGESTED ANSWER Agreement were attached to the complaint.
No, Salvador’s counterclaims should not be Dorton further alleged that it made a final
dismissed as it is a compulsory counterclaim. Rule demand on March 1, 2018 for Debra and the
6, Section 7 of the Rules of Court provides that a sureties to pay, but the demand was not
compulsory counterclaim is any claim, which a heeded. Debra, Daniel, and Debbie filed their
defending party may have against an opposing answer, and raised the affirmative defense
party, which at the time of suit arises out of, or is that, while the PN and the Surety Agreement
necessarily connected with, the same transaction appeared to exist, Daniel and Debbie were
or occurrence that is the subject matter of the uncertain whether the signatures on the
plaintiff’s complaint. In this case, Salvador’s documents were theirs. The PN and the Surety
claims arises out of the transaction that is the Agreement were pre-marked during pre-trial,
subject matter of Abraham’s complaint for identified but not authenticated during trial,
damages. Being compulsory in nature, the trial and formally offered. Can the RTC of Manila
court should exercise jurisdiction over the consider the PN and the Surety Agreement in
complaint.

50
rendering its decision? (5%) (2018 Bar (C) No, since it fails to set forth the matters
Question) defendant relied upon in support of her denial.
(D) No, since she fails to set out in par. 2 of her
SUGGESTED ANSWER: answer her special and affirmative defenses
Yes, the RTC of Manila may consider the PN and
the surety agreement in rendering its decision. SUGGESTED ANSWER
The PN and the surety agreement are actionable (C) No, since it fails to set forth the matters
documents, defined under Rule 8, Section 7 of defendant relied upon in support of her denial.
the Rules of Court as a written instrument upon
which an action is founded. Rule 8, Section 8, ───※ ·❆· ※───
moreover, provides that when an action is
founded upon a written instrument, copied in or EXTRATERRITORIAL SERVICE
attached to the corresponding pleading, the
genuineness and due execution of the instrument
QUESTION. Tristan filed a suit with the RTC of
shall be deemed admitted unless the adverse
Pasay against Arthur King and/or Estate of
party, under oath specifically denies them, and
Arthur King for reconveyance of a lot declared
sets forth what he claims to be the facts. In this
in the name of Arthur King under TCT No.
case, Debra, Daniel, and Debbie are parties to
1234. The complaint alleged that "on account
the PN and the surety agreement. Since the PN
Arthur King's residence abroad up to the
and surety agreement are attached to the
present and the uncertainty of whether he is
complaint, Debra, Daniel, and Debbie are
still alive or dead, he or his estate may be
deemed to have admitted the genuineness and
served with summons by publication."
due execution thereof for their failure to:
Summons was published and nobody filed any
responsive pleading within sixty (60) days
(a) deny the genuineness and due execution of
therefrom. Upon motion, defendants were
these documents under oath; and
declared in default and judgment was
(b) to set for what they claim to be facts.
rendered declaring Tristan as legal owner and
ordering defendants to reconvey said lot to
The court, therefore, may consider the PN and
Tristan.
the surety agreement in rendering its decision.

Jojo, the court-designated administrator of

───※ ·❆· ※─── Arthur King's estate, filed a petition for
annulment of judgment before the CA praying
that the decision in favor of Tristan be
SPECIFIC DENIAL declared null and void for lack of jurisdiction.
He claims that the action filed by Tristan is an
QUESTION. Plaintiff Manny said in his action in personam and that the court did not
complaint: "3. On March 1, 2001 defendant acquire jurisdiction over defendants Arthur
Letty borrowed P1 million from plaintiff Manny King and/or his estate. On the other hand,
and made a promise to pay the loan within six Tristan claims that the suit is an action in rem
months." In her answer, Letty alleged: or at least an action quasi in rem. Is the RTC
"Defendant Letty specifically denies the judge correct in ordering service of summons
allegations in paragraph 3 of the complaint by publication? Explain. (2016 Bar Question)
that she borrowed P1 million from plaintiff
Manny on March 1, 2001 and made a promise SUGGESTED ANSWER
to pay the loan within six months." Is Letty’s Yes, the RTC judge is correct in ordering service
denial sufficient? (2011 Bar Question) by publication. Under rule 14, Section15 of the
Rules of court, extraterritorial service, may be
(A) Yes, since it constitutes specific denial of availed of in actions where the subject property
the loan. is within the Philippines, in which the defendant
(B) Yes, since it constitutes positive denial of claims a lien or interest or in which the relief
the existence of the loan.

51
demanded consists in excluding the defendant upon the merits provided it is filed by a plaintiff
from any interest therein. who has once dismissed in a competent court an
action based on or including the same claim. Here
Real estate in the Philippines that is currently the first dismissal by the plaintiff was not in a
under the defendant's title and has been competent court as the RTC in Makati City did not
transferred to the plaintiff is the subject of the have subject-matter jurisdiction over an action
current action for reconveyance. Although the seeking to recover P350,000. Hence, Agatha's
action for reconveyance is in personam (Republic third complaint is not barred by the Two-Dismissal
v. CA, 315 SCRA 600, 606), the criteria to Rule.
determine whether an action is covered by
Section 15 Rule 14 is whether it is among those ───※ ·❆· ※───
enumerated in the abovementioned provision, not
whether it is technically classified as in rem or PRE-TRIAL
quasi in rem.

DISMISSAL OF ACTION QUESTION. What is the consequence of the

unjustified absence of the defendant at the
pre-trial? (2011 Bar Question)
TWO DISMISSAL RULE
(a) The trial court shall declare him as in
default.
QUESTION. Agatha filed a complaint against (b) The trial court shall immediately render
Yana in the RTC in Makati City to collect judgment against him.
P350,000.00, an amount representing the
unpaid balance on the price of the car Yana (c) The trial court shall allow the plaintiff to
had bought from Agatha. Realizing a present evidence ex-parte.
jurisdictional error in filing the complaint in
(d) The trial court shall expunge his answer
the RTC, Agatha filed a notice of dismissal
from the record.
before she was served with the answer of
Yana. The RTC issued an order confirming the
dismissal.
SUGGESTED ANSWER
Three months later, Agatha filed another
(c) The trial court shall allow the plaintiff to
complaint Yana based on the same cause of
present evidence ex-parte.
action this time in the MeTC of Makati City.
However, for reasons personal to her, Agatha
───※ ·❆· ※───
decided to have the complaint dismissed
without prejudice by filing a notice of
dismissal prior to the service of the answer of ADMISSION BY ADVERSE PARTY
Yana. Hence, the case was dismissed by the
MeTC. QUESTION. Briefly explain the procedure on
"Admission by Adverse Party" under Rule 26
A month later, Agatha refiled the complaint
and the effect of failure to file and serve the
against Yana in the same MeTC. May Yana
request. (2.5%) (2016 Bar Examinations)
successfully invoke the Two-Dismissal Rule to
bar Agatha's third complaint? Explain your
SUGGESTED ANSWER:
answer (2017 Bar Examination)
The procedure on "Admission by Adverse Party
SUGGESTED ANSWER: under Rule 26 is briefly explained as follows:
1) At any time after issues have been Joined, a
No, Yana may not successfully invoke the
party may file and serve upon any other party a
Two-Dismissal Rule to bar Agatha's third
written request for the admission by the latter
complaint. Under the Two-Dismissal Rule, the
of the genuineness of any material and relevant
notice of dismissal operates as an adjudication

52
document or the truth of any material and
relevant matter of fact. SUGGESTED ANSWER
No, the objection is improper. Under Section,
2) Each of the matters of which an admission is Rule 72 of the Rules of Court, in the absence of
requested snail be deemed admitted unless, special rules, the rules provided for in ordinary
within the civil actions shall be applicable, as far as
period designated in the request, which shall not practicable to special proceedings. In this case
be less than 15 days after service thereof, the there is no special rules on demurrer on
party to whom the request is directed files and guardianship proceedings. As such, regular rules
serves upon the requesting party a sworn on demurrer is applicable to guardianship
statement either denying specifically the proceedings, and the objection made by Ernie’s
matters of which an admission is requested or counsel is improper.
setting forth in detail why he cannot truthfully
either admit or deny those matter ───※ ·❆· ※───

3) Objections to any request for admission shall DORMANT JUDGMENT

be submitted to the court within the period for
and prior to the filing of his sworn statement.
QUESTION. Pedro was charged with theft for
stealing Juan's cellphone worth P20,000.00.
The effect of the failure to file and serve
Prosecutor Marilag at the pre-trial submitted
request for admission Is that, unless allowed by
the judicial affidavit of Juan attaching the
the court for goad cause shown and to prevent a
receipt for the purchase of the cell phone to
failure of Justice, a party who falls to file and
prove civil liability. After Pedro's presentation
serve a request for admission on the adverse
of his evidence, the court rendered judgment
party of material and relevant facts at issue
finding him guilty as charged and holding him
which are, or ought to be,
civilly liable for P20,000.00. Pedro's lawyer
within the personal knowledge of the latter,
seasonably filed a motion for reconsideration
shall not be allowed to present evidence on such
of the decision asserting that the court erred
facts.
in awarding the civil liability on the basis of
───※ ·❆· ※─── Juan's judicial affidavit, a documentary
evidence which Prosecutor Marilag failed to
orally offer.
DEMURRER TO EVIDENCE
c) Is the motion for reconsideration
QUESTION. Ernie filed a petition for meritorious? (2%) (2015 Bar Question)
guardianship over the person and properties
of his father, Ernesto. Upon receipt of the SUGGESTED ANSWER:
notice of hearing, Ernesto filed an opposition c) No, the motion for reconsideration is not
to the petition. Ernie, before the hearing of meritorious.
the petition, filed a motion to order Ernesto
to submit himself for mental and physical A judicial affidavit is not documentary evidence
examination which the court granted. but is testimonial evidence. It is simply a
witness’s testimony reduced to writing in
After Ernie's lawyer completed the affidavit form. This is shown by Section 6 of the
presentation of evidence in support of the Judicial Affidavit Rule which states that the
petition and the court's ruling on the formal offer of testimony in a judicial affidavit shall be
offer of evidence, Ernesto's lawyer filed a made at the start of the presentation of the
demurrer to evidence. Ernie's lawyer witness.
objected on the ground that a demurrer to
evidence is not proper in a special Hence the motion for reconsideration on the
proceeding. Was Ernie's counsel's objection ground that Juan’s judicial affidavit was a
proper? (2015 Bar Question)

53
documentary evidence which was not orally claim covering the property he had levied?
offered is without merit. (2011 Bar Question)

───※ ·❆· ※─── (a) Ask the judgment obligee to file a

court-approved indemnity bond in favor of
WHEN EXECUTION SHALL ISSUE the third-party claimant or the sheriff will
release the levied property.
(b) Ask the judgment obligee to file a
QUESTION. Mrs. E filed a complaint for a sum
court-approved bond for the sheriff’s
of money against Mr. F in the amount of
protection in case he proceeds with the
₱1,000,000.00 before the Regional Trial
execution.
Court (RTC). After due proceedings, the RTC
(c) Immediately lift the levy and release the
ruled in favor of Mrs. E, and since no appeal
levied property.
was interposed thereto, the ruling became
(d) Ask the third-party claimant to support
final and executory as evinced by an Entry of
his claim with an indemnity bond in favor of
Judgment dated July 2, 2012. However, Mrs. E
the judgment obligee and release the levied
was unable to immediately move for the
property if such bond is filed.
execution of said judgment because she had a
work engagement overseas. On June 29, 2017,
SUGGESTED ANSWER
Mrs. E returned to the country and, on the
(a) Ask the judgment obligee to file a
same day, filed a motion for the issuance of a
court-approved indemnity bond in favor of the
writ of execution before the RTC. On July 7,
third-party claimant or the sheriff will release
2017, the RTC granted the motion, and
the levied property.
consequently, issued a writ of execution in
Mrs. E's favor. ───※ ·❆· ※───

Was the RTC's issuance of the writ of

execution procedurally infirm? Explain. (3%) CERTIFICATION AGAINST FORUM SHOPPING
(2019 Bar Question)
QUESTION. Aldrin entered into a contract to
SUGGESTED ANSWER: sell with Neil over a parcel of land. The
Yes, the RTC’s issuance of the writ of execution contract stipulated a P500,000.00 down
was procedurally infirm. payment upon signing and the balance payable
in twelve (12) monthly installments of
Under the Rules of Civil Procedure, a judgment Pl00,000.00. Aldrin paid the down payment
must be enforced by motion within 5 years from and had paid three (3) monthly installments
entry thereof. Here while the motion for when he found out that Neil had sold the same
execution was filed within the 5-year period property to Yuri for Pl.5 million paid in cash.
from 2 July 2012 or until 2 July 2017, the Aldrin sued Neil for specific performance with
enforcement was not since the writ of execution damages with the RTC. Yuri, with leave of
was issued after the 5-year period. [S6, R39) court, filed an answer-in-intervention as he
Hence the issuance of the writ of execution was had already obtained a TCT in his name. After
procedurally infirm. trial, the court rendered judgment ordering
Aldrin to pay all the installments due, the
───※ ·❆· ※─── cancellation of Yuri's title, and Neil to execute
a deed of sale in favor of Aldrin. When the
PROCEEDINGS WHERE PROPERTY IS judgment became final and executory, Aldrin
CLAIMED BY THIRD PERSONS; IN RELATION paid Neil all the installments but the latter
TO THIRD PARTY CLAIMS IN ATTACHMENT refused to execute the deed of sale in favor of
AND REPLEVIN the former.

QUESTION. What should the court sheriff do if Aldrin filed a "Petition for the Issuance of a
a third party serves on him an affidavit of Writ of Execution" with proper notice of

54
hearing. The petition alleged, among others,
that the decision had become final and
executory and he is entitled to the issuance of
the writ of execution as a matter of right. Neil
filed a motion to dismiss the petition on the
ground that it lacked the required certification
against forum shopping. a.) Should the court
grant Neil's Motion to Dismiss? (3%) (2015 Bar
Question)

SUGGESTED ANSWER:
a) No, the court should not grant Neil’s Motion
to Dismiss.

Under Section 5 of Rule 7, a certification against

forum shopping is required only for initiatory
pleadings or petitions. Here the “Petition for the
Issuance of a Writ of Execution,” although
erroneously denominated as a petition, is actually
a motion for issuance of a writ of execution under
Rule 39. Hence the motion to dismiss on the
ground of lack of a certification against forum
shopping should be denied.

───※ ·❆· ※───

RULE ON PRIOR SERVICE OF SUMMONS

QUESTION. A sues B for collection of a sum of

money. Alleging fraud in the contracting of the
loan, A applies for preliminary attachment
with the court. The Court issues the
preliminary attachment after A files a bond.
While summons on B was yet unserved, the
sheriff attached B's properties. Afterwards,
summons was duly served on B. 8 moves to lift
the attachment. Rule on this. (5%) (2012 Bar
Question)

SUGGESTED ANSWER:

I will grant the motion since no levy on

attachment pursuant to the writ shall be
enforced unless it is preceded or
contemporaneously accompanied by service of
summons. There must be prior or SPECIAL CIVIL ACTION
contemporaneous service of summons with the
writ of attachment. (Rule 57, Sec.5, Rules of
Court). CERTIORARI, PROHIBITION AND MANDAMUS

───※ ·❆· ※───

INTERLOCUTORY ORDER

55
 c. Who should pursue the remedy?
QUESTION. Jaime was convicted for murder by
the Regional Trial Court of Davao City in a SUGGESTED ANSWER:
decision promulgated on September 30, 2015. The Office of the Solicitor General (OSG) should
On October 5, 2015, Jaime filed a Motion for pursue the remedy. In criminal proceedings on
New Trial on the ground that errors of law and appeal in the Court of Appeals or in the Supreme
irregularities prejudicial to his rights were Court, the authority to represent the people is
committed during his trial. On October 7, vested solely in the Solicitor General. Under
2015, the private prosecutor, with the Presidential decree No. 4478 among the specific
conformity of the public prosecutor, filed an powers and functions of the OSG is to “represent
Opposition to Jaime's motion. On October 9, the government in the Supreme Court and the
2015, the court granted Jaime's motion. On Court of Appeals in all criminal proceedings.”
October 12, 2015, the public prosecutor filed a
motion for reconsideration. The court issued This provision has been carried over to the
an Order dated October 16, 2015 denying the Revised Administrative Code particularly in Book
public prosecutor's motion for reconsideration. IV, Title III, Chapter 12 thereof. Without doubt,
The public prosecutor received his copy of the the OSG is the appellate counsel of the People of
order of denial on October 20, 2015 while the the Philippines in all criminal cases (Cariño v. de
private prosecutor received his copy on Castro, G.R. No. 176084, April 30, 2008).
October 26, 2015.
───※ ·❆· ※───
a. What is the remedy available to the
prosecution from the court's order EXPROPRIATION
granting Jaime's motion for new trial?

QUESTION. Which of the following is NOT

SUGGESTED ANSWER:
CONSISTENT with the rules governing
The remedy of the prosecution is to file a petition
expropriation proceedings? (2011 Bar
for certiorari under Rule 65 of the Rules of Court,
Question)
because the denial of a motion for
reconsideration is merely an interlocutory order
(A) The court shall declare the defendant who
and there is no plain, speedy and adequate
fails to answer the complaint in default and
remedy under the course of law.
render judgment against him. (B) The court
shall refer the case to the Board of
Be that as it may, it may be argued that appeal is
Commissioners to determine the amount of
the appropriate remedy from an order denying a
just compensation.
motion for reconsideration of an order granting a
(C) The plaintiff shall make the required
motion for new trial because an order denying a
deposit and forthwith take immediate
motion for reconsideration was already removed
possession of the property sought to be
in the enumeration of matters that cannot be a
expropriated.
subject of an appeal under Section 1, Rule 41 of
(D) The plaintiff may appropriate the property
the Rules of Court.
for public use after judgment and payment of
the compensation fixed in it, despite
b. In what court and within what period
defendant’s appeal.
you’ll a remedy be availed of?

SUGGESTED ANSWER
SUGGESTED ANSWER:
(A) The court shall declare the defendant who
Following the principle of judicial hierarchy, the
fails to answer the complaint in default and
petition for certiorari should be filed before the
render judgment against him.
Court of Appeals within sixty (60) days from
receipt of the copy of the order of denial of the
───※ ·❆· ※───
public prosecutor’s motion for reconsideration, or
on October 20, 2015.

56
 Act No. 3135, as amended, either during the
MOTION TO DISMISS
one-year redemption period upon the filing of a
bond, or after the redemption period has
QUESTION. A court can motu proprio dismiss a expired, without the need for a bond.
case on the following grounds, except: (2012
Bar Question) ───※ ·❆· ※───

a. failure to prosecute;
DEFICIENCY CLAIM
b. lack of jurisdiction over the parties;
c. litis pendentia;
d. prescription. QUESTION. In a judicial foreclosure
proceeding, under which of the following
SUGGESTED ANSWER instances is the court NOT ALLOWED to render
b. lack of jurisdiction over the parties; deficiency judgment for the plaintiff? (2011
Bar Question)
───※ ·❆· ※───
(A) If the mortgagee is a banking institution.
QUESTION. A complaint may be refiled if (B) if upon the mortgagor’s death during the
dismissed on which of the following grounds? proceeding, the mortgagee submits
(2012 Bar Question) his claim in the estate proceeding.
(C) If the mortgagor is a third party who is not
a. unenforceable under the Statute of Frauds; solidarily liable with the debtor.
b. Res Judicata; (D) If the mortgagor is a non-resident person
c. Litis Pendencia; and cannot be found in the
d. Lack of jurisdiction. Philippines.

SUGGESTED ANSWER SUGGESTED ANSWER

d. Lack of jurisdiction. (C) If the mortgagor is a third party who is not
solidarily liable with the debtor.
───※ ·❆· ※───
───※ ·❆· ※───
FORECLOSURE OF REAL ESTATE MORTGAGE
PARTITION

WHO MAY FILE COMPLAINT; WHO SHOULD

WRIT OF POSSESSION BE MADE DEFENDANTS

QUESTION. Is the buyer in the auction sale QUESTION. Hanna, a resident of Manila, filed a
arising from an extra-judicial foreclosure complaint for the partition of a large tract of
entitled to a writ of possession even before land located in Oriental Mindoro. She
the expiration of the redemption period? If so, impleaded her two brothers John and Adrian
what is the action to be taken? (2016 Bar as defendants but did not implead Leica and
Question) Agatha, her two sisters who were permanent
residents of Australia.
SUGGESTED ANSWER
Yes, upon submitting the ex parte petition for Arguing that there could be no final
issuance of a writ of possession and paying the determination of the case without impleading
necessary bond, the buyer in the auction sale is all indispensable parties, John and Adrian
entitled to a writ of possession even before the moved to dismiss the complaint.
end of the redemption period. The writ of
possession may be awarded to the buyer in a
foreclosure sale in accordance with Section 7 of

57
Does the trial court have a reason to deny the supersedeas bond as counsel for Jaypee?
motion? Explain your answer. (2017 Bar Explain your answer briefly? (2017 Bar
Question) Question)

SUGGESTED ANSWER: SUGGESTED ANSWER:

Yes, the trial court has a reason to deny the
motion to dismiss. Under the Rules of Civil No, as counsel for Jaypee I would not advise the
Procedure, non-joinder of parties, even posting of a supersedeas bond. Under the Rule
indispensable ones, is not a ground for a motion 70, a supersedeas bond is necessary to prevent
to dismiss. [S11 R3; Vesagas v. CA, 371 SCRA 508 immediate execution only if the judgment
(2001) awarded rents, damages, and costs. Here the
judgment only ordered Jaypee to vacate and to
───※ ·❆· ※─── pay attorney’s fees. A supersedeas bond is not
required to cover attorney’s fees. [Once v.
Gonzalez, 31 March 1977]. Hence the posting of a
FORCIBLE ENTRY AND UNLAWFUL DETAINER
supersedeas bond is not required.

───※ ·❆· ※───

HOW TO STAY THE IMMEDIATE EXECUTION PROHIBITED MOTION AND PLEADINGS

OF JUDGMENT

QUESTION. Laura was the lessee of an

QUESTION. Mike was renting an apartment unit
apartment unit owned by Louie. When the
in the building owned by Jonathan. When Mike
lease expired, Laura refused to vacate the
failed to pay six months’ rent, Jonathan filed
property. Her refusal prompted Louie to file an
an ejectment suit. The Municipal Trial Court
action for unlawful detainer against Laura who
(MTC) rendered judgment in favor of Jonathan,
failed to answer the complaint within the
who then filed a motion for the issuance of a
reglementary period.
writ of execution. The MTC issued the writ.
[a] How can Mike stay the execution of the Louie then filed a motion to declare Laura in
MTC judgment? Explain. (2009 Bar Question) default. Should the motion be granted? Explain
your answer. (2017 Bar Question)
SUGGESTED ANSWER:
Execution shall issue immediately upon motion, SUGGESTED ANSWER:
unless Mike (a) perfects his appeal to the RTC, (b) No, a Motion to declare the defendant in default
files a sufficient supersedeas bond to pay the is a prohibited motion in ejectment cases
rents, damages and costs accruing up to the time pursuant to Sec.13 (8) Rule 70
of the judgment appealed from, and (c) deposits
monthly with the RTC during the pendency of the ───※ ·❆· ※───
appeal the amount of rent due from time to time
(Rule 70, Sec. 19). CONTEMPT

───※ ·❆· ※───

HOW CONTEMPT PROCEEDINGS ARE
COMMENCED; APPEAL
QUESTION. Judgment was rendered against
defendant Jaypee in an action for unlawful
QUESTION. Ms. R received a subpoena ad
detainer. The judgment ordered Jaypee to
testificandum from a Regional Trial Court
vacate and to pay attorney's fees in favor of
(RTC) directing her to appear and testify in a
Bart, the plaintiff.
case. Despite notice and without any sufficient
justification, Ms. R failed to appear. This
To prevent the immediate execution of the
prompted the RTC to issue a show-cause order
judgment, would you advise the posting of a

58
directing Ms. R to explain, within ten (10) in a case of indirect contempt may be appealed
days, why she should not be cited for contempt to the proper court as in criminal cases. Under
for her nonappearance despite receipt of the the Rules of Criminal Procedure, the appeal to
subpoena. Ms. R, however, did not file her the Court of Appeals in cases decided by the RTC
comment. After due hearing with notice to the in the exercise of its original jurisdiction shall be
parties, the RTC cited her in indirect taken by filing a notice of appeal with the RTC.
contempt, and consequently, ordered her [Section 3, Rule 122].
arrest.
No, the filing of such appeal will not
Ms. R moved to quash the warrant issued for automatically result in the suspension of the
her arrest, claiming that a formal charge execution of the judgment. Under the Rules of
should have been filed against her, and that Civil Procedure, the appeal from a judgment or
the same should have been docketed and final order in an indirect contempt case will not
prosecuted as a separate case against her. She suspend the execution of the judgment unless the
thus claimed that since this procedure was not appellant files a bond. [Sec. 11, Rule 71]
followed, the order citing her in contempt is
null and void. ───※ ·❆· ※───

(a) Is Ms. R's contention tenable?

Explain. (2019 Bar Question)

SUGGESTED ANSWER:
No, Ms. R’s contention that the order citing her in
contempt is null and void is not tenable. Under
the Rules of Civil Procedure, proceedings for
indirect contempt may be initiated motu proprio
by the court against which the contempt was
committed by a show-cause order or any other
formal charge. Here there was indirect contempt
by Ms. R’s failure to obey a subpoena duly served
and the indirect contempt proceedings were
initiated motu proprio by the RTC against which
the contempt was committed. The show-cause
order itself is the formal charge and the Supreme
Court has held that the requirements of
docketing and prosecution as a separate case do
not apply to a contempt proceeding initiated by a
show-cause order. [Baculi v. Belen, 24 September
2012, Velasco, J.]

(b) What is the proper mode of appeal

should Ms. R decide to assail her
contempt citation? Will the filing of
such appeal automatically result in the
suspension of the execution of
judgment? Explain. (2019 Bar Question)

SUGGESTED ANSWER:

The proper mode of appeal should Ms. R decide SPECIAL PROCEEDINGS

to assail her contempt citation is an appeal to the
Court of Appeals taken by filing a notice of
appeal with the RTC. Under the Law on Civil DEMURRER TO EVIDENCE, APPLICABILITY
Procedure, the judgment or final order of a court

59
 sold the land to her when they did not, thus
QUESTION. Ernie filed a petition over the prejudicing Betty’s legitime. Sigma moved to
person and properties of his father, Ernesto. dismiss the action on the ground that the
Upon receipt of the notice of hearing, Ernesto dispute should be resolved in the estate
filed an opposition to the petition. Ernie, proceedings. Is Sigma correct? (2011 Bar
before the hearing of the petition, filed a Question)
motion to order Ernesto to submit himself for
mental and physical examination which the (a) Yes, questions of collation should be
court granted. resolved in the estate proceedings, not in a
separate civil case.
After Ernie's lawyer completed the in support (b) No, since questions of ownership of
of the petition and the court's ruling on the property cannot be resolved in the estate
formal offer of evidence, Ernesto's lawyer proceedings.
filed a demurrer to evidence. (c) Yes, in the sense that Betty needs to wait
until the estate case has been terminated.
Ernie's lawyer objected on the ground that a (d) No, the filing of the separate action is
demurrer to evidence is not proper in a special proper; but the estate proceeding must be
proceeding. suspended meantime.

a.) Was Ernie's counsel's objection proper? SUGGESTED ANSWER

(2015 Bar Question) (a) Yes, questions of collation should be resolved
in the estate proceedings, not in a separate civil
SUGGESTED ANSWER: case.
No, Ernie’s counsel’s objection was not proper.
Under the Rule on Special Proceedings, in the ───※ ·❆· ※───
absence of special provisions, the rules provided
for in ordinary actions, shall be, as far as QUESTION. In proceedings for the settlement
practicable, applicable in special proceedings. of the estate of deceased persons, the court in
Here there are no special provisions on demurrer which the action is pending may properly
to evidence in the rules on guardianship. Hence, (2011 Bar Question)
the provisions on demurrer to evidence in
ordinary actions are applicable to special (a) Pass upon question of ownership of a real
proceedings. Such application is practicable since property in the name of the deceased but
it would be a waste of time to continue hearing claimed by a stranger.
the case if upon the facts and the law, (b) Pass upon with the consent of all the heirs
guardianship would not be proper. the issue of ownership of estate asset,
contested by an heir if no third person is
───※ ·❆· ※─── affected.
(c) Rule on a claim by one of the heirs that an
estate asset was held in trust for him
SETTLEMENT OF ESTATE OF DECEASED by the deceased.
PERSONS, VENUE, AND PROCESS (d) Rescind a contract of lease entered into by
the deceased before death on the
ground of contractual breach by the lessee.
WHICH COURT HAS JURISDICTION
SUGGESTED ANSWER
QUESTION. Apart from the case for the (b) Pass upon with the consent of all the heirs the
settlement of her parents' estate, Betty filed issue of ownership of estate assets, contested by
an action against her sister, Sigma, for an heir if no third person is affected.
reconveyance of title to a piece of land. Betty
claimed that Sigma forged the signatures of ───※ ·❆· ※───
their late parents to make it appear that they

60
 in the Philippines to serve as an executor of an
PRODUCTION AND PROBATE OF THE WILL
estate. Therefore, Anastacia is qualified.

───※ ·❆· ※───

ALLOWANCE AND DISALLOWANCE OF WILL QUESTION. Which of the following is sufficient

to disallow a will on the ground of mistake?
(2011 Bar Question)
QUESTION. Johnny, a naturalized citizen of the
United States of America (USA) but formerly a (a) An error in the description of the land
Filipino citizen, executed a notarial will in devised in the will. (b)
accordance with the laws of the State of The inclusion for distribution among the heirs
California, USA. Johnny, at the time of his of properties not belonging to the testator.
death, was survived by his niece Anastacia, an (c) The testator intended a donation inter
American citizen residing at the condominium vivos but unwittingly executed a will. (d) An
unit of Johnny located at Fort Bonifacio, error in the name of the person nominated as
Taguig City; a younger brother, Bartolome, executor.
who manages Johnny’s rental condominium
units in Makati City. Johny’s entire estate SUGGESTED ANSWER
which he Page 106 of 193 REMEDIAL LAW
inherited from his parents is valued at P200 (c) The testator intended a donation inter vivos
million. Johnny appointed Anastacia’s but unwittingly executed a will.
executrix of his will. (2014 Bar Question)
───※ ·❆· ※───
a.) Can Johnny’s notarial will be probated
before the proper court in the Philippines?
CONTENTS OF PETITION FOR ALLOWANCE
b.) Is Anastacia qualified to be the executrix OF WILL
of Johnny’s notarial will?

QUESTION. What are the jurisdictional facts

SUGGESTED ANSWER
that must be alleged in a petition for probate
of a will? How do you bring before the court
a.) Yes, Jonny’s notarial will can be probated in
these jurisdictional facts? (2012 Bar Question)
the Philippines. Article 816 of the Civil Code
provides that the will of an alien who is abroad
SUGGESTED ANSWER:
produced effect in the Philippines if made in
The jurisdictional facts in a petition for probate
accordance with the formalities prescribed by the
are: (1) that a person died leaving a will; (2) in
law of the place where he resides.
case of a resident, that he resided within the
territorial jurisdiction of the court; (3) in the
b.) Yes, Anastacia is qualified. Under Rule 78,
case of a non-resident, that he left an estate
Section 1 of the rules of court, the following
within such territorial jurisdiction; and (4) the
persons are incompetent to serve as an executor
fact that the will has been delivered to the court.
or administrator: (1) a minor; (2) a non-resident
of the Philippines; and (3) If the court believes
The jurisdictional facts shall be contained in a
that he/she is unfit to execute the duties of the
petition for allowance of a will.
trust by reason of drunkenness, improvidence, or
want of understanding or integrity, or by reason
───※ ·❆· ※───
of conviction of an offense involving moral
turpitude. In the present case, none of the
disqualifications exist. While it is true that NON-RESIDENT ALIEN
Anastacia is a citizen of the United Staes, she is
nonetheless a resident of the Philippines. The law QUESTION. Johnny, a naturalized citizen of the
does not specifically prohibit a foreigner residing United States of America (USA) but formerly a
Filipino citizen, executed a notarial will in

61
accordance with the laws of the State of (a) The executor cannot post a bond.
California, USA. Johnny, at the time of his (b) The executor fails to render an account.
death, was survived by his niece Anastacia, an (c) Regular administrator has a claim against
American citizen residing at the condominium the estate he represents.
unit of Johnny located at Fort Bonifacio, (d) A Motion for Reconsideration is filed with
Taguig City; a younger brother, Bartolome, respect to a decision disallowing probate of a
who manages Johnny’s fish pond in Lingayen, will.
Pangasinan; and a younger sister, Christina,
who manages Johnny’s rental condominium SUGGESTED ANSWER
units in Makati City. Johnny’s entire estate (c) Regular administrator has a claim against the
which he inherited from his parents is valued estate he represents.
at P200 million. Johnny appointed Anastacia
as executrix of his will. ───※ ·❆· ※───

Can Johnny’s notarial will be probated before OPPOSITION TO ISSUANCE OF LETTERS

the proper court in the Philippines? (2014 Bar TESTAMENTARY; SIMULTANEOUS FILING OF
Question) PETITION FOR ADMINISTRATION

SUGGESTED ANSWER:
Yes. The formal validity of a will is governed also ───※ ·❆· ※───
by the national law of the decedent (Article 817
Civil Code). A will proved and allowed in a foreign QUESTION. Dominic was appointed special
country, according to the laws of such country, administrator of the Estate of Dakota Dragon.
may be allowed, filed and recorded by the proper Delton, husband of Dakota, together with their
Regional Trial Court in the Philippines. five (5) children, opposed the appointment of
Dominic claiming that he (Dominic) was just a
ALTERNATIVE ANSWER: stepbrother of Dakota. After giving Dominic
Yes. Johnny’s notarial will can be probated before the chance to comment, the court issued an
the proper court in the Philippines. Under the Order affirming the appointment of Dominic.
Rule of Special Proceedings, a will of a What is the remedy available to the
non-resident alien who left an estate in the oppositors? (2018 Bar Question)
Philippines may be probated before the RTC of
the province or city where the estate is located. SUGGESTED ANSWER:
In the case at bar, the testator Johnny was a The remedy available to the oppositors of the
non-resident alien who left some estates in appointment of Dominic as special administrator
Taguig City, Makati City, and Pangasinan. Hence, is to file a petition for certiorari under Rule 65 of
his will can be probated before the RTC of any of the Rules of Court. The appointment of special
these cities and provinces in the Philippines. administrators, being discretionary, is thus
interlocutory and may be assailed through a
───※ ·❆· ※─── petition for certiorari under Rule 65 of the Rules
of Court (Ocampo v. Ocampo, G.R. No. 187879, 5
LETTER TESTAMENTARY AND OF July 2010).
ADMINISTRATION
───※ ·❆· ※───

WHEN AND TO WHOM LETTERS OF

CLAIMS AGAINST THE STATE
ADMINISTRATION GRANTED

QUESTION. A special administrator may be CLAIM OF EXECUTOR OR ADMINISTRATOR

appointed by a court when: (2012 Bar AGAINST THE ESTATE
Question)

62
QUESTION. a) X filed a claim in the intestate
ESCHEAT
proceedings of D. D's administrator denied
liability and filed a counterclaim against X.
X's claim was disallowed. WHEN TO FILE
1) Does the probate court still have
jurisdiction to allow the claim of
QUESTION. If there are no qualified heirs, can
D's administrator by way of offset?
the government initiate escheat proceedings
Why?
over the assets of the deceased? To whom,
2) Suppose D's administrator did not
in particular, shall the estate of the deceased
allege any claim against X by way
go and for whose benefit? (2018 Bar Question)
of offset, can D’s administrator
prosecute the claim in an
SUGGESTED ANSWER:
independent proceeding? Why?
If there are no qualified heirs, Rule 91, Section 1
b) Q: A, B and C, the only heirs in D’s intestate
of the Rules of Court provides that the Solicitor
proceedings, submitted a project of partition
General or his representatives in behalf of the
to the probate court (RTC-Manila). Upon the
Republic of the Philippines, may file a petition
court’s approval of the partition, two lots
with the Regional Trial Court where the deceased
were assigned to C, who immediately entered
last resided or in which he had estate, if he
into the possession of the lots. Thereafter, C
resided outside the Philippines, setting forth the
died and proceedings for the settlement of his
facts and praying that the estate of the deceased
estate were filed in the RTC-Quezon City. D’s
be declared escheated.
administrator then filed a motion in the
probate court (RTC-Manila), praying that one
Rule 91, Section 3 of the Rules of Court provides
of the lots assigned to C in the project of
that once a judgment has been rendered in
partition be turned over to him to satisfy
escheat proceedings, the properties of the
debts corresponding to C's portion. The motion
deceased shall be assigned as follows: (a)
was opposed by the administrator of C’s
personal estate to the municipality or city where
estate. How should the RTC- Manila resolve the
he last resided in the Philippines; (b) real estate
motion of D’s administrator? Explain.
to the municipalities or cities in which the same
is located; and (c) if the deceased never resided
SUGGESTED ANSWERS:
in the Philippines, the whole estate may be
A.
assigned to the respective municipalities or cities
1) No, because since the claim of X was
where the same is located. Such estate shall be
disallowed, there is no amount
for the benefit of public schools, and public
against which to offset the claim of
charitable institutions and centers in said
D’s administrator.
municipalities or cities.
2) Yes, D’s administrator can prosecute
the claim In an Independent
───※ ·❆· ※───
proceeding since the claim of X was
disallowed. If X had a valid claim and
D’s administrator did not allege any REMEDY OF RESPONDENT AGAINST
claim against X by way of offset, his PETITION; PERIOD FOR FILING A CLAIM
failure to do so would bar his claim
forever. (Rule OS, sec. 10). QUESTION. A person entitled to the estate of a
deceased person escheated in favor of the
B. The motion of D’s administrator should be State has: (2012 Bar Question)
granted. The assignment of the two lots to 0 was
premature because the debts of the estate had (a) 5 years from date of judgment to file a
not been fully paid. [Rule 90, sec. 1; Reyes v. claim.
Barreto-Datu, 19 SCRA 85 (1967)]. (b) 2 years from date of judgment to file a
claim.
───※ ·❆· ※─── (c) 5 years from date of registration of the
judgment to file a claim.

63
(d) 2 years from date of registration of the
WHEN NOT PROPER OR APPLICABLE
judgment to file a claim.

SUGGESTED ANSWER QUESTION. Hercules was walking near a police

(a) 5 years from date of judgment to file a claim. station when a police officer signaled for him
to approach. As soon as Hercules came near,
───※ ·❆· ※─── the police officer frisked him but the latter
found no contraband. The police officer told
Hercules to get inside the police station. Inside
WRIT OF HABEAS CORPUS
the police station, Hercules asked the police
officer, "Sir, may problema po ba?" Instead of
JURISDICTION replying, the police officer locked up Hercules
inside the police station jail.

QUESTION. C, a convict, was able to get

favorable results of a post-conviction DNA What is the remedy available to Hercules to
testing showing that C could not have secure his immediate release from detention?
committed the crime. To gain freedom, C may: (2015 Bar Question)
(2012 Bar Question)
SUGGESTED ANSWER:
(a) File a petition for Writ of Habeas Corpus The remedy available is to secure his immediate
before the court of origin. release from detention through a petition for writ
(b) Apply for full pardon. of habeas corpus. Under Rule 102 of the Rules of
(c) File a Motion to annul judgment of Court, the writ of habeas corpus is available in
conviction on the ground of fraud. cases of illegal detention. Sec. 5, Rule 102 of the
(d) File a Motion for new trial under Rule 121. Rules of Court provides that a court or judge
authorized to grant the writ must, when the
SUGGESTED ANSWER petition therefor is presented and it appears that
(a) File a petition for Writ of Habeas Corpus the writ ought to issue, grant the same forthwith,
before the court of origin. and immediately thereupon the clerk of court
shall issue the writ or in case of emergency, the
───※ ·❆· ※─── judge may issue the writ under his own hand and
may depute any officer or person to serve it. The
QUESTION. A judge of an MTC can hear and court or judge before whom the writ is returned
decide petitions for habeas corpus or must immediately proceed to hear and examine
applications for bail where: (2012 Bar the return (Sec. 12, Rule 102 of the Rules of
Question) Court).

(a) The Supreme Court authorizes the MTC. ───※ ·❆· ※───
(b) The judge is the Executive Judge of the
MTC.
HABEAS CORPUS IN RELATION TO CUSTODY
(c) The judge of the RTC where the case is OF MINORS
raffled has retired, was dismissed or had died.
(d) In the absence of all the RTC Judges in the
QUESTION. Ms. A filed a petition for a writ of
province or city.
amparo, claiming that she was being
threatened by Mr. B, her ex-boyfriend, with
SUGGESTED ANSWER
whom she has a child out of wedlock, named C.
(d) In the absence of all the RTC Judges in the
Ms. A alleged that since she started dating
province or city.
someone else, Mr. B began stalking her, parking
his car on the street outside her house, and
───※ ·❆· ※───
watching her house until the wee hours of the
morning. She thus feared for her life.

64
 ingress and egress of trucks and equipment of
(b) Assuming that Mr. B took away C without Oro Negro, hampering its operations.
Ms. A's knowledge and consent, what is the Masigasig had an altercation with Mapusok
proper remedy for Ms. A to immediately arising from the complaint of the mining
recover C's custody? Explain. (2019 Bar engineer of Oro Negro that one of their trucks
Question) was destroyed by ALMA members.

SUGGESTED ANSWER: Mapusok is the leader of the Association of

Ms. A can file for a petition for writ of habeas Peace Keepers of Ahohoy (APKA), a civilian
corpus. Sec. 1 of Rule 102 provides that any volunteer organization serving as auxiliary
person can file for a petition for writ of habeas force of the local police to maintain peace and
corpus when the rightful custody of any person is order in the area. Subsequently, Masigasig
withheld from the person entitled thereto. disappeared. Mayumi, the wife of Masigasig,
and the members of ALMA searched for
───※ ·❆· ※─── Masigasig, but all their efforts proved futile.
Mapagmatyag, a member of ALMA, learned
WRIT OF AMPARO from Maingay, a member of APKA, during their
binge drinking that Masigasig was abducted by
other members of APKA, on order of Mapusok.
QUESTION. Ms. A filed a petition for a writ of
amparo, claiming that she was being Mayumi and ALMA sought the assistance of the
threatened by Mr. B, her ex-boyfriend, with local police to search for Masigasig, but they
whom she has a child out of wedlock, named C. refused to extend their cooperation.
Ms. A alleged that since she started dating Immediately, Mayumi filed with the RTC, a
someone else, Mr. B began stalking her, parking petition for the issuance of the writ of amparo
his car on the street outside her house, and against Mapusok and APKA. ALMA also filed a
watching her house until the wee hours of the petition for the issuance of the writ of amparo
morning. She thus feared for her life. with the Court of Appeals against Mapusok and
APKA. Respondents Mapusok and APKA, in their
(a) Is Ms. A entitled to a writ of amparo? Return filed with the RTC, raised among their
Explain. (2019 Bar Question) defenses that they are not agents of the State;
hence, cannot be impleaded as respondents in
SUGGESTED ANSWER: an amparo petition.
(a) Yes, Ms. A is entitled to a writ of amparo.
Sec. 1, of A.M. No. 07-9-12-SC, Rule on a.) Is their defense tenable?
the Writ of Amparo provides that any
person whose right to life, liberty and Respondents Mapusok and APKA, in their
security is violated or threatened with Return filed with the Court of Appeals, raised
violation by an unlawful act or omission as their defense that the petition should be
of a public official or employee, or of a dismissed on the ground that ALMA cannot file
private individual or entity can file for a the petition because of the earlier petition
petition for writ of amparo. filed by Mayumi with the RTC.

b.) Are respondents correct in raising their

───※ ·❆· ※─── defense?

QUESTION. The residents of Mt. Ahohoy, c.) Mayumi later filed separate criminal and
headed by Masigasig, formed a civil actions against Mapusok. How will the
nongovernmental organization - Alyansa Laban cases affect the amparo petition she earlier
sa Minahan sa Ahohoy (ALMA) to protest the filed? (2015 Bar Question)
mining operations of Oro Negro Mining in the
mountain. ALMA members picketed daily at the
entrance of the mining site blocking the SUGGESTED ANSWERS:

65
a) No, the defense of Mapusok and APKA that The adoptive parents gave their consent to the
they are not agents of the State and hence petition for change of name.
cannot be impleaded as respondents in an amparo
a. May A file a petition for change of
petition is not tenable.
name?
The writ of amparo is available in cases where b. if the RTC grants the petition for
the enforced or involuntary disappearance of a change name, what, if any will be the
persons is with the authorization, support or
effect on the respective relations of A
acquiescence of the State. (See Sec. 3[g] of R.A.
No. 9851 and Navia v. Pardico, 19 June 2012, with his adoptive parents and with his
e.b.). natural parents? Discuss. (2014 Bar
Question)
Here Mapusok and APKA may be considered as
acting with the support or at least the
acquiescence of the State since APKA serves as an SUGGESTED ANSWERS:
auxiliary force of the police and the police a. Yes, A can file a petition for change of
refused to assist in the search for Masigasig. name because one of the allowed grounds
for this petition is if the name is
b) Yes, respondents are correct in raising their
defense. ridiculous or dishonorable (Republic of
the Philippines v Court of Appeals G.R.
Under Section 2(c) of the Rule on the Writ of No. 88202, December 14, 1998).
Amparo, the filing of a petition by an authorized
b. No, a mere exchange of the name would
party on behalf of the aggrieved party suspends
the right of all others, observing the order in not cause a change in one’s existing
Section 2 of the Rule on the Writ of Amparo. family relations, nor create new family
rights and duties where none exists
Here the petition for writ of amparo had earlier
before (Ang Chay v Republic G.R. No.
been filed by the spouse of the aggrieved party
Masigasig. Thus it suspends the right of all L-285-7, July 31, 1970).
others, including ALMA, to file the petition.
───※ ·❆· ※───
c) The amparo petition shall be consolidated
with the criminal action. (Section 23, Rule on the WRIT OF HABEAS DATA
Writ of Amparo).

───※ ·❆· ※─── QUESTION. A wants to file a Petition for Writ

of Habeas Data against the AFP in connection
CHANGE OF NAME with threats to his life allegedly made by AFP
intelligence officers. A needs copies of AFP
QUESTIONS. A was adopted by B and C when A highly classified intelligence reports collected
was only a toddler. later on in life, A filed with by Sgt. Santos who is from AFP. A can file his
the RTC a petition for change of name under petition with: (2012 Bar Question)
Rule 103 of the ROC, as he wanted to reassume
the surname of his natural parents because the (a) RTC where AFP is located;
surname of his adoptive parents sounded (b) RTC where Sgt. Santos resides;
offensive and was seriously affecting his (c) Supreme Court;
business and social life. (d) Court of Appeals.

SUGGESTED ANSWER

66
(d) Court of Appeals.

ALTERNATIVE ANSWER
(b) RTC where Sgt. Santos resides;
(c) Supreme Court;

───※ ·❆· ※───

CANCELLATION OR CORRECTION OF
ENTRIES IN THE CIVIL REGISTRY

QUESTION. Drylvik, a German national,

married Dara, a Filipina, in Dusseldorf,
Germany. When the marriage collapsed, Dara
filed a petition for declaration of nullity of
marriage before the RTC of Manila. Drylvik, on
the other hand, was able to obtain a divorce
decree from the German Family Court. The
decree, in essence, states: The marriage of
the Parties contracted on xxx before the Civil
Registrar of Dusseldorf is hereby dissolved.
The parental custody of the children Diktor
and Daus is granted to the father. Drylvik
filed a motion to dismiss in the RTC of Manila
on the ground that the court no longer had
jurisdiction over the matter as a decree of
divorce had already been promulgated
dissolving his marriage to Dara. Dara
objected, saying that while she was not
challenging the divorce decree, the case in the
RTC still had to proceed for the purpose of
determining the issue of the children's custody.
Drylvik counters that the issue had been
disposed of in the divorce decree, thus
constituting res judicata. ***(b) Is a foreign
divorce decree between a foreign spouse and a
Filipino spouse, uncontested by both parties,
sufficient by itself to cancel the entry in the
civil registry pertaining to the spouses'
marriage? (2018 Bar Question)

SUGGESTED ANSWER:
No, it is insufficient to cancel the entry in the
civil registry. Under Rule 108 of the Rules of
Court, if the correction is substantial in nature or
for cancellation of entries, hearing is necessary.

───※ ·❆· ※───

67
 court with jurisdiction over the case. (2013
CRIMINAL PROCEDURE
Bar Question)

GENERAL MATTERS SUGGESTED ANSWER:

A) As counsel for Gary, I will first have him
medically examined in order to ascertain the
gravity and extent of the injuries sustained from
the accident. Second, I will secure an accurate
PROSECUTION OF OFFENSES police report relative to the mishap unless Horace
admits his fault in writing, and request Gary to
secure a car damage estimate from a car repair
CRIMINAL ACTION, HOW INSTITUTED
shop. Third, I will ask him to execute his
Sinumpaang Salaysay. Thereafter, I will use his
QUESTION. X was arrested, en flagrante, for Sinumpaang Salaysay or prepare a
robbing a bank. After an investigation, he was Complaint-affidavit and file the same in the
brought before the office of the prosecutor for Office of the City Prosecutor of Mandaluyong City
inquest, but unfortunately no inquest (Sections 1 and 15 Rule 110, Rules of Criminal
prosecutor was available. May the bank Procedure). This being a case of simple
directly file the complaint with the proper negligence and the penalty for the offense does
court? If in the affirmative, what document not exceed six months imprisonment, the court
should be filed? (2012 Bar Question) with original and exclusive jurisdiction is the
Metropolitan Trial Court of Mandaluyong City.
SUGGESTED ANSWER:
Yes, the bank may directly file the complaint with ───※ ·❆· ※───
the proper court. In the absence or unavailability
of an inquest prosecutor, the complaint may be
WHO MAY FILE THEM, CRIMES THAT
filed by the offended party or a peace officer CANNOT BE PROSECUTED DE OFICIO
directly with the proper court on the basis of the
affidavit of the offended party or arresting
officer or person (Section 6, Rule 112 of the
QUESTION. Yvonne, a young and lonely OFW,
Revised Rules of Criminal Procedure).
had an intimate relationship abroad with a
friend, Percy. Although Yvonne comes home to
───※ ·❆· ※───
Manila every six months, her foreign posting
QUESTION. While in his Nissan Patrol and still left her husband Dario lonely so that he
hurrying home to Quezon City from his work in also engaged in his own extramarital
Makati, Gary figured in a vehicular mishap activities. In one particularly exhilarating
along that portion of EDSA within the City of session with his girlfriend, Dario died. Within
Mandaluyong. He was bumped from behind by 180 days from Dario’s death, Yvonne gives
a Ford Expedition SUV driven by Horace who birth in Manila to a baby boy. Irate relatives
was observed using his cellular phone at the of Dario contemplate criminally charging
time of the collision. Both vehicles - more than Yvonne for adultery and they hire your law
5 years old – no longer carried insurance other firm to handle the case.
than the compulsory third party liability
insurance. Gary suffered physical injuries
(A) Is the contemplated criminal action a
while his Nissan Patrol sustained damage in
viable option to bring? (2013 Bar Question)
excess of Php500,000.

SUGGESTED ANSWER:
(A) As counsel for Gary, describe the process
No. Section 5 of Rule 110 provides that the crimes
you need to undertake starting from the point
of adultery and concubinage shall not be
of the incident if Gary would proceed
prosecuted except upon complaint filed by the
criminally against Horace, and identify the
offended spouse. Since the offended spouse is

68
already dead, then the criminal action for
PROSECUTION OF CIVIL ACTION
Adultery as contemplated by the offended party’s
relatives is no longer viable.

Moreover, it appears that the adulterous acts of

Yvonne were committed abroad. Hence, the LITIS PENDENTIA
contemplated criminal action is not viable as the
same was committed outside of the Philippine
courts. QUESTION. Tomas was criminally charged with
serious physical injuries allegedly committed
───※ ·❆· ※─── against Darvin. During the pendency of the
criminal case, Darvin filed a separate civil
VENUE OF CRIMINAL ACTION action for damages based on the injuries he
had sustained.
QUESTION. On his way to the PNP Academy in
Tomas filed a motion to dismiss the separate
Silang, Cavite on board a public transport bus
civil action on the ground of litis pendentia,
as a passenger, Police Inspector Masigasig of
pointing out that when the criminal action was
the Valenzuela Police witnessed an on-going
filed against him, the civil action to recover
armed robbery while the bus was traversing
the civil liability from the offense charged was
Makati. His alertness and training enabled him
also deemed instituted. He insisted that the
to foil the robbery and to subdue the
basis of the separate civil action was the very
malefactor. He disarmed the felon and while
same act that gave rise to the criminal action.
frisking him, discovered another handgun
Rule on Tomas' motion to dismiss, with brief
tucked in his waist. He seized both handguns
reasons. (2017 Bar Question)
and the malefactor was later charged with the
separate crimes of robbery and illegal SUGGESTED ANSWER:
possession of firearm.
Tomas’s motion to dismiss on the ground of litis
(A) Where should Police Inspector Masigasig pendentia should be denied. In cases of physical
bring the felon for criminal processing? To injuries, a civil action for damages, entirely
Silang, Cavite where he is bound; to Makati separate and distinct from the criminal action,
where the bus actually was when the felonies may be brought by the injured party. Such civil
took place; or back to Valenzuela where he is action shall proceed independently of the
stationed? Which court has jurisdiction over criminal action (Art. 33, Civil Code; S3 R111) and
the criminal cases? (2013 Bar Question) hence may not be dismissed on the ground of litis
pendentia.
SUGGESTED ANSWER:
───※ ·❆· ※───
Police Inspector Masigasig should bring the felon
to the nearest police station or jail in Makati City
where the bus actually was when the felonies PRELIMINARY INVESTIGATION
took place. In cases of warrantless arrest, the
person arrested without a warrant shall be
forthwith delivered to the nearest police station
or jail and shall be proceeded against in CASES NOT REQUIRING PRELIMINARY
accordance with section 7 of Rule 11 (Section INVESTIGATION
113, Rules of Criminal Procedure). Consequently,
the criminal case for robbery and illegal
QUESTION. On his way to the PNP Academy in
possession of firearms can be filed in Regional
Silang, Cavite on board a public transport bus
Trial Court of Makati City or on any of the places
as a passenger, Police Inspector Masigasig of
of departure or arrival of the bus.
the Valenzuela Police witnessed an on-going
armed robbery while the bus was traversing
───※ ·❆· ※───

69
Makati. His alertness and training enabled him What does "personal knowledge of the facts
to foil the robbery and to subdue the and circumstances that the person to be
malefactor. He disarmed the felon and while arrested committed it" mean? (2016 Bar
frisking him, discovered another handgun Question)
tucked in his waist. He seized both handguns
and the malefactor was later charged with the SUGGESTED ANSWER:
separate crimes of robbery and illegal
"Personal knowledge of the facts and
possession of firearms.
circumstances that the person to be arrested
committed it" means personal knowledge not of
May the charges of robbery and illegal
the commission of the crime itself but of facts
possession of firearm be filed directly by the
and circumstances which would lead to the
investigating prosecutor with the appropriate
conclusion that the person to be arrested has
court without a preliminary investigation?
probably committed the crime. Such personal
(2013 Bar Question)
knowledge arises from reasonably worthy
information in the arresting person’s possession
SUGGESTED ANSWER:
coupled with his own observation and fair
Yes. Since the offender was arrested in flagrante
inferences therefrom that the person arrested
delicto without a warrant of arrest, an inquest
has probably committed the offense. (Pestilos v.
proceeding should be conducted and thereafter a
Generoso, 739 SCRA 337).
case may be filed in court even without the
requisite preliminary investigation.
───※ ·❆· ※───

Under Section 6, Rule 112, Rules of Criminal

Procedure, when a person is lawfully arrested REQUISITES OF A VALID WARRANT OF
ARREST
without a warrant involving an offense which
requires a preliminary investigation, the
complaint or information may be filed by a QUESTION. Danjo, a stay-in gardener at the Dy
prosecutor without a need of such investigation home in Quezon City, applied for overseas
provided an inquest has been conducted in employment in Riyadh as a flower arranger.
accordance with existing rules. After he left for abroad, Dino Dy, head of the
family, discovered that all his wrist watches
───※ ·❆· ※─── were missing. Dino followed Danjo’s Instagram
account and in one instance saw Danjo
ARREST wearing his Rolex watch. He filed a complaint
for qualified theft against Danjo with the
Office of the Prosecutor (OP), Quezon City. The
PERSONAL KNOWLEDGE, MEANING subpoena with the affidavit-complaint was
served on Denden, Danjo’s wife, at their house.
No counter-affidavit was filed by Danjo who
QUESTION. Under Section 5, Rule 113 a continued to work in Riyadh. After conducting
warrantless arrest is allowed when an offense a preliminary investigation, the OP found
has just been committed and the peace officer probable cause against Danjo and
has probable cause to believe, based on his subsequently filed the information for
personal knowledge of facts or circumstances, qualified theft before the RTC of Quezon City.
that the person to be arrested has committed The court likewise found probable cause and
it. A policeman approaches you for advice and issued in 2016 a warrant for Danjo’s arrest.
asks you how he will execute a warrantless
Danjo was repatriated to the Philippines in
arrest against a murderer who escaped after
2018. While Danjo was lurking outside the Dys’
killing a person. The policeman arrived two (2)
house, which was only about 100 meters away
hours after the killing and a certain Max was
from the police station, SPO1 Dody recognized
allegedly the killer per information given by a
Danjo. Realizing that the police station had a
witness. He asks you to clarify the following:

70
copy of Danjo’s warrant of arrest, SPO1 Dody
immediately pursued and arrested Danjo. It is provided that the Judge, may at his
discretion, issue a warrant of arrest to order the
arrest of Danjo if the prosecution sufficiently
(a) Was the warrant of arrest issued established the existence of a probable cause as
against Danjo who was not in the Philippines required by the Revised Rules of Criminal
valid? (2018 Bar Question) Procedure.

SUGGESTED ANSWER: It is clear, therefore, that the warrant of arrest

issued against Danjo is valid.
Yes, the warrant of arrest issued against Danjo is
valid.
───※ ·❆· ※───

Section 6, Rule 112 of the Revised Rules of

DETERMINATION OF PROBABLE CAUSE FOR
Criminal Procedure states:
ISSUANCE OF A WARRANT OF ARREST

“Section 6: When warrant of arrest may issue. — QUESTION. An information for murder was
(a) By the Regional Trial Court. — Within ten (10) filed against Rapido. The RTC judge, after
days from the filing of the complaint or personally evaluating the prosecutor's
information, the judge shall personally evaluate resolution, documents and parties' affidavits
the resolution of the prosecutor and its submitted by the prosecutor, found probable
supporting evidence. He may immediately dismiss cause and issued a warrant of arrest.
the case if the evidence on record clearly fails to
establish probable cause. If he finds probable Rapido's lawyer examined the rollo of the case
cause, he shall issue a warrant of arrest, or a and found that it only contained the copy of
commitment order if the accused has already the information, the submissions of the
been arrested pursuant to a warrant issued by the prosecutor and a copy of the warrant of
judge who conducted the preliminary arrest. Immediately, Rapido's counsel filed a
investigation or when the complaint or motion to quash the arrest warrant for being
information was filed pursuant to section 7 of this void, citing as grounds:
Rule. In case of doubt on the existence of
probable cause, the judge may order the a.) The judge before issuing the
prosecutor to present additional evidence within warrant did not personally conduct a
five (5) days from notice and the issue must be searching examination of the
resolved by the court within thirty (30) days from prosecution witnesses in violation of
the filing of the complaint of information”. his client's constitutionally-mandated
Likewise, in Ocampo v. Abando, (G.R. No. 176830, rights;
11
b.) There was no prior order finding
February 2014), the Supreme Court held that, probable cause before the judge issued
“[I]t is enough that the judge personally the arrest warrant.
evaluates the Prosecutor’s report and supporting
documents showing the existence of probable May the warrant of arrest be quashed on the
cause for the indictment and, on the basis grounds cited by Rapido' s counsel? State your
thereof, issue a warrant of arrest; or on the basis reason for each ground. (4%)
of his evaluation he finds no probable cause, to
disregard the Prosecutor’s resolution and require SUGGESTED ANSWER:
the submission of additional affidavits of
witnesses to aid him in determining its No, the warrant of arrest may not be quashed on
existence”. the grounds cited by Rapido’s counsel.

71
The Supreme Court has held in Soliven v. that Oasis Jung physically hurt her. P02
Makasiar, 167 SCRA 393 (1988) that Section 2 of Romulus detained Oasis Jung at the station's
Art. III of the Constitution does not mandatorily jail. After the inquest proceeding, the public
require the judge to personally examine the prosecutor filed an information for Violation
complainant and his witnesses. The judge may of R.A. No. 9262 (The VAWC Law) for physical
opt to personally evaluate the report and violence and five separate informations for
supporting documents submitted by the regarding violation of R.A. No. 7610 (The Child Abuse
the existence of probable cause and on the basis Law). Oasis Jung's lawyer filed a motion to be
thereof issue a warrant of arrest. admitted to bail but the court issued an order
that approval of his bail bond shall be made
There is no requirement of a prior order by the only after his arraignment.
judge finding probable cause. The SC has held
that the judge may rely upon the resolution of After his release from detention on bail, can
the investigating prosecutor provided that he Oasis Jung still question the validity of his
personally evaluates the same and the affidavits arrest? (2015 Bar Question)
and supporting documents, which he did. (People
v. Grey, 26 July 2010). SUGGESTED ANSWER:

───※ ·❆· ※─── Yes, Oasis Jung can still question the validity of
his arrest after his release from detention on
BAIL bail.

Under the Rules on Criminal Procedure, admission

APPLICATION NOT A BAR TO OBJECTIONS IN to bail shall not bar the accused from challenging
ILLEGAL ARREST, LACK OF OR IRREGULAR the validity of his arrest provided that he does so
PRELIMINARY INVESTIGATION
before entering his plea. (Sec. 26, Rule 114).

QUESTION. Paz was awakened by a commotion ───※ ·❆· ※───

coming from a condo unit next to hers.
Alarmed, she called up the nearby police THAT IT DOES NOT CONFORM
station. PO 1 Remus and P02 Romulus SUBSTANTIALLY IN THE PRESCRIBED FORM
proceeded to the condo unit identified by Paz.
PO 1 Remus knocked at the door and when a
QUESTION. Police operatives of the Western
man opened the door, POI Remus and his
Police District, Philippine National Police,
companions introduced themselves as police
applied for a search warrant in the Regional
officers. The man readily identified himself as
Trial Court for the search of the house of Juan
Oasis Jung and gestured to them to come in.
Santos and the seizure of an undetermined
Inside, the police officers saw a young lady
amount of shabu. The team arrived at the
with her nose bleeding and face swollen. Asked
house of Santos but failed to find him there.
by P02 Romulus what happened, the lady
Instead, the team found Roberto Co.
responded that she was beaten up by Oasis
Jung. The police officers arrested Oasis Jung
The team conducted a search in the house of
and brought him and the young lady back to
Santos in the presence of Roberto Co and
the police station. PO 1
barangay officials and found ten (10) grams of
shabu. Roberto Co was charged in court with
Remus took the young lady's statement who
illegal possession of ten grams of shabu.
identified herself as AA. She narrated that she
is a sixteen-year-old high school student; that
Before his arraignment, Roberto Co filed a
previous to the incident, she had sexual
motion to quash the search warrant on the
intercourse with Oasis Jung at least five times
following grounds: (a) he was not the accused
on different occasions and she was paid
named in the search warrant; and (b) the
P5,000.00 each time and it was the first time
warrant does not describe the article to be

72
seized with sufficient particularity. Resolve former complaint or information when (a) the
the motion with reasons. (4%) graver offense developed due to supervening
facts arising from the same act or omission
SUGGESTED ANSWER: constituting the former charge; or (b) the facts
The motion to quash should be denied. The name constituting the graver charge became known or
of the person in the search warrant is not were discovered only after a plea was entered in
important. It is not even necessary that a the former complaint or information. (Sec. 7,
particular person be implicated (Mantaring v. second par., Rule 117,2000 Rules of Criminal
Roman, 259 SCRA 158 [1996]), so long as the Procedure). Here, when the plea to frustrated
search is conducted in the place where the search homicide was made, neither the court nor the
warrant will be served. Moreover, it is sufficient prosecution was aware that the victim had died
to describe the shabu in an undetermined two days earlier on account of his stab wounds.
amount. Notably, what is to be seized is a The case falls under (b), since the facts
particular drug and an undetermined amount constituting the graver charge became known or
thereof particularized the things to be seized. were discovered only after a plea was entered in
(People v. Tee, 395 SCRA 419 [2003]; People v. the former complaint or information.
Dichoso, 223 SCRA 174, 184 [1993]).
───※ ·❆· ※───
───※ ·❆· ※───
TRIAL
EXCEPTION TO THE RULE THAT SUSTAINING
THE MOTION IS NOT A BAR TO ANOTHER
PROSECUTION REQUISITES FOR DISCHARGE OF ACCUSED
TO BECOME A STATE WITNESS
QUESTION. For the multiple stab wounds
QUESTION. As counsel of an accused charged
sustained by the victim, Noel was charged with with homicide, you are convinced that he can
frustrated homicide in the Regional Trial be utilized as a state witness. What procedure
Court. Upon arraignment, he entered a plea of will you take? Explain. 2.5%
guilty to said crime. Neither the court nor the SUGGESTED ANSWER: As counsel for the
prosecution was aware that the victim had accused, I will advise my client to ask for a
died two days earlier on account of his stab reinvestigation and convince the prosecutor for
wounds. Because of his guilty plea, Noel was him to move for the discharge of my client as a
state witness, or the accused can apply as a
convicted of frustrated homicide and meted state witness with the Department of Justice
the corresponding penalty. When the pursuant to Rep. Act No. 6981, The Witness
prosecution learned of the victim’s death, it Protection, Security and Benefit Act. The right to
prosecute vests the prosecutor with a wide
filed within fifteen {15) days therefrom a range of discretion, including what and whom to
motion to amend the Information to upgrade charge (Soberano v. People, 472 SCRA 125
the charge from frustrated homicide to [2005]).
consummated homicide. Noel opposed the
motion claiming that the admission of the ───※ ·❆· ※───
amended Information would place him in
double jeopardy. DEMURRER TO EVIDENCE IN SPECIAL
PROCEEDINGS
Resolve the motion with reasons. (4%)
Q: Ernie filed a petition for guardianship over
the person and properties of his father,
SUGGESTED ANSWER: Ernesto. Upon receipt of the notice of hearing,
Amending the information from frustrated Ernesto filed an opposition to the petition.
homicide to consummated homicide does not Ernie, before the hearing of the petition, filed
place the accused in double jeopardy. The a motion to order Ernesto to submit himself
for mental and physical examination which
conviction of the accused shall not be a bar to the court granted.
another prosecution for an offense which
necessarily includes the offense charged in the After Ernie's lawyer completed the
presentation of evidence in support of the

73
petition and the court's ruling on the formal not be allowed to present evidence in his
offer of evidence, Ernesto's lawyer filed a defense. (b) The prosecution has no further
demurrer to evidence. procedural recourse. The Supreme Court has held
that the grant of an accused’s demurrer to
Ernie's lawyer objected on the ground that a evidence is equivalent to an acquittal and hence
demurrer to evidence is not proper in a the judgment is immediately final. [People v.
special proceeding. City Court of Silay, 9 December 1976]. B.16.
a.) Was Ernie's counsel's objection proper? ───※ ·❆· ※───
(2%)
b.) If Ernesto defies the court's order directing
him to submit to physical and mental SEARCH AND SEIZURE
examinations, can the court order his arrest?
(2%)
NATURE OF SEARCH WARRANT
SUGGESTED ANSWER:
NO. The Rule on demurrer to evidence is QUESTION. In the course of serving a search
applicable in Special Proceedings (Matute v. warrant, the police finds an unlicensed
Court ofAppeals, G.R. No.26751, January 31, firearm. Can the police take the firearm even
1969). Moreover, under Section 2, Rule 72 of the if it is not covered by the search warrant? If
Rules of Court, in the absence of special rules, the warrant is subsequently quashed, is the
the rules provided for in ordinary actions shall be police required to return the firearm? Explain
applicable, as far as practicable,to special briefly. (5%)
proceedings.
SUGGESTED ANSWER:
If the order for the conduct of physical and
mental examination is issued as a mode of Yes, the police may take with him the
discovery and Ernesto defies the said order, the “unlicensed” firearm although not covered by
court cannot validly order his arrest (Sec. 3[d], the search warrant. Possession of an “unlicensed
Rule 29) firearm” is a criminal offense and the police
officer may seize an article which is the “subject
of an offense.” This is especially so considering
───※ ·❆· ※───
that the “unlicensed firearm” appears to be in
“plain view” of the police officer when he
conducted the search.
DEMURRER TO EVIDENCE, WHEN DENIED
Even if the warrant was subsequently quashed,
QUESTION. In an Information filed before the the police is not mandated to return the
Regional Trial Court (RTC), Mr. C was charged “unlicensed firearm.” The quashal of the search
with Carnapping for supposedly taking the warrant did not affect the validity of the seizure
motorcycle of Mr. O and joyriding with it of the “unlicensed firearm.” Moreover, returning
around the city. When Mr. C was arraigned, he the firearm to a person who is not otherwise
entered a plea of "not guilty" to the charge. allowed by law to possess the same would be
After the prosecution rested its case, Mr. C tantamount to abetting a violation of the law.
proceeded to file a demurrer to evidence. The
demurrer was denied by the RTC. ───※ ·❆· ※───
(a) Would Mr. C be allowed to present
evidence in his defense after the denial of his APPLICATION FOR SEARCH WARRANT
demurrer? Explain. (2%) WHERE FILED
(b) Assuming that the demurrer was granted
by the RTC and the prosecution's motion for QUESTION. A PDEA asset/informant tipped the
reconsideration thereto is denied, what is the PDEA Director Shabunot that a shabu
prosecution's further procedural recourse? laboratory was operating in a house at Sta.
Explain. (3%) Cruz, Laguna, rented by two (2) Chinese
Nationals, Ho Pia and Sio Pao. PDEA Director
SUGGESTED ANSWER: Shabunot wants to apply for a search warrant,
but he is worried that if he applies for a
No, Mr. C would not be allowed to present search warrant in any Laguna court, their plan
evidence in his defense after the denial of his might leak out.
demurrer. Under the Rules of Criminal Procedure,
the accused waives the right to present evidence Where can he file an application for search
if he files a demurrer to evidence without leave warrant? (2%)
of court. [Sec. 23, Rule 119] Here there is no
showing that the demurrer to evidence was filed SUGGESTED ANSWER:
with leave of court by Mr. C. Hence Mr. C would

74
PDEA Director Shabunot may file an application arrested suspect from Pasay City to Caloocan
for search warrant in any court within the City. The arresting officer is required to deliver
judicial region where the crime was committed. the person arrested without a warrant “to the
(Rule 126,Sec.2[b]). nearest police station or jail” (Rule 112, sec. 5,
2000 Rules of Criminal Procedure). To be sure,
───※ ·❆· ※─── the nearest police station or jail is in Pasay City
where the arrest was made, and not in Caloocan
City.
PARTICULARITY OF PLACE TO BE SEARCHED
AND THINGS TO BE SEIZED

QUESTION. Police operatives of the Western

Police District, Philippine National Police,
applied for a search warrant in the Regional
Trial Court for the search of the house of Juan
Santos and the seizure of an undetermined
amount of shabu.
The team arrived at the house of Santos but
failed to find him there. Instead, the team
found Roberto Co. The team conducted a
search in the house of Santos in the presence
of Roberto Co and barangay officials and
found ten (10) grams of shabu. Roberto Co was
charged in court with illegal possession of ten
grams of shabu.
Before his arraignment, Roberto Co filed a
motion to quash the search warrant on the
following grounds:
(a) he was not the accused named in the
search warrant; and
(b) the warrant does not describe the article
to be seized with sufficient particularity.
Resolve the motion with reasons. (4%)
SUGGESTED ANSWER:
The motion to quash should be denied. The name
of the person in the search warrant is not
important. It is not even necessary that a
particular person be implicated (Mantaring v.
Roman, 259 SCRA 158 [1996]), so long as the
search is conducted in the place where the
search warrant will be served.
Moreover, it is sufficient to describe the shabu in
an undetermined amount. Notably, what is to be
seized is a particular drug and an undetermined
amount thereof particularizes the things to be
seized. (People v. Tee, 395 SCRA 419 [2003];
People v. Dichoso, 223 SCRA 174, 184 [1993]).

───※ ·❆· ※───

QUESTION. On his way home, a member of the

Caloocan City police force witnesses a bus
robber in Pasay City and effects the arrest of
the suspect. Can he bring the suspect to
Caloocan City for booking since that is where
his station is? Explain briefly. (5%)
SUGGESTED ANSWER:
No, the arresting officer may not take the

75
 mere unauthorized strangers, and if a party ought
EVIDENCE
not to be bound by the acts of strangers, neither
ought their acts or conduct be used as evidence
GENERAL PRINCIPLES against him (5 Moran, p. 237 1980 ed.). The
exceptions are admission by a co-partner or
agent; admission by conspirator (Section 30);
ADMISSIBILITY OF EVIDENCE admission by privies; which are collectively
classified by Senator Salonga as “vicarious
QUESTION. During trial, plaintiff offered admissions”. (Vide Gilbert, Sec. 332; Remedial
evidence that appeared irrelevant at that time Law V, Herrera, page 398).
but he said he was eventually going to relate
───※ ·❆· ※───
to the issue in the case by some future
evidence. The defendant objected. Should the
trial court reject the evidence in question on OBJECT (REAL) EVIDENCE
ground of irrelevance? (2011 Bar Question)

(A) No, it should reserve its ruling until the NATURE OF OBJECT EVIDENCE
relevance is shown;
(B) Yes, since the plaintiff could anyway QUESTION. Discuss the "chain of custody"
subsequently present the evidence anew; (C) principle with respect to evidence seized
Yes, since irrelevant evidence is not under R.A. 9165 or the Comprehensive
admissible; or Dangerous Drugs Act of 2002. (2012 Bar
(D) No, it should admit it conditionally until its Question)
relevance is shown.
SUGGESTED ANSWER
SUGGESTED ANSWER
(D) No, it should admit it conditionally until its Chain of custody, under RA 9165 is defined as the
relevance is shown. duly recorded authorized movements and custody
of seized drugs at each stage, from the time of
───※ ·❆· ※─── seizure/confiscation to receipts in the forensic
laboratory, to safekeeping and to presentation in
court for destruction.
JUDICIAL NOTICE AND JUDICIAL ADMISSIONS
There are four links that must be proven. The
first link is the seizure and marking. Second is the
JUDICIAL ADMISSIONS
turnover of the illegal drugs seized by the
apprehending officer to the investigating officer.
QUESTION. A vicarious admission is considered
Third, the turnover by the investigating officer to
an exception to the hearsay rule. It, however,
the forensic chemist for laboratory examination.
does not cover: (A) admission by a conspirator
And fourth, the turnover and submission of the
(B) admission by a privy (C) judicial admission
marked illegal drugs seized by the forensic
(D) adoptive admission. (2014 Bar Question)
chemist to the court.

SUGGESTED ANSWER:
Failure to prove a link or its non-compliance will
result in the invalidity of the seizure and custody
C. Judicial admission. Judicial admission is not
of illegal drugs. Section 21 of the same law,
covered by the Rule on vicarious admission which
however, provides that non-compliance of the
are considered exceptions to the Res Inter Alios
requirements under justifiable ground, as long as
Acta Rule. Under the Res Inter Alios Acta Rule,
the integrity and the evidentiary value of the
the rights of a party cannot be prejudiced by the
seized items are properly preserved by the
act, declaration or omission of another. It is not
apprehending officer/team, shall not render void
only rightly inconvenient, but also manifestly
and invalid such seizures and custody over said
unjust, that a man should be bound by the acts of
items.

76
 ───※ ·❆· ※─── ───※ ·❆· ※───

QUESTION.In which of the following instances

DOCUMENTARY EVIDENCE
is the quantum of evidence ERRONEOUSLY
applied? (2011 Bar Question)

(a) In Writ of Amparo cases, substantial

BEST EVIDENCE RULE evidence. (b) To
satisfy the burden of proof in civil cases,
preponderance of evidence. (c) To
QUESTION. In a case for specific performance
overcome a disputable presumption, clear and
and damages, plaintiff Q presented
convincing evidence. (d) To rebut the
photocopies of the contracts he had executed
presumptive validity of a notarial document,
with defendant R for the purpose of
substantial evidence.
establishing their existence. Defendant R's
counsel objected to the admission of said
SUGGESTED ANSWER
photocopies, invoking the best evidence rule.
(d) To rebut the presumptive validity of a notarial
Should the objection of defendant R's counsel document, substantial evidence.
be sustained? Explain. (3%)
───※ ·❆· ※───
SUGGESTED ANSWER:

No, the objection of defendant R's counsel should ELECTRONIC EVIDENCE (A.M. No.
not be sustained. 01-7-01-SC)

The Supreme Court has held that the best QUESTION. Under the Rules of Electronic
evidence rule does not apply if the purpose of Evidence, "ephemeral electronic conversation"
offering the document is not to prove its contents refers to the following, except: (2012 Bar
but its existence. The reason is that the best Question)
evidence rule applies only to documentary
evidence and not to object evidence. [People v. (a) Text messages;
Tandoy, 192 SCRA 28]
(b) Telephone conversations;
───※ ·❆· ※───
(c) Faxed document;

WEIGHT AND SUFFICIENCY OF EVIDENCE (d) Online chatroom sessions;

QUESTION. What elements should concur for SUGGESTED ANSWER

circumstantial evidence to be sufficient for
conviction? (2017 Bar) (c) Faxed document;

SUGGESTED ANSWER: ───※ ·❆· ※───

The following elements should concur for
QUESTION. A private electronic document's
circumstantial evidence to be sufficient for
authenticity may be received in evidence when
conviction:
it is proved by: (2012 Bar Question)
(a) There is more than one circumstance;
(b) The facts from which the inferences are
(a) evidence that it was electronically
derived are proven;
notarized. (b)
(c) The combination of all the circumstances is
evidence that it was digitally signed by the
such as to produce a conviction beyond
person who purportedly signed the same.
reasonable doubt (Sec. 4, Rule 133).
(c) evidence that it contains electronic data
messages. (d)

77
evidence that a method or process was utilized
TESTIMONIAL EVIDENCE
to verify the same

SUGGESTED ANSWER QUALIFICATION OF A WITNESS

(b) evidence that it was digitally signed by the

person who purportedly signed the same. QUESTION. AA, a twelve-year-old girl, while
walking alone met BB, a teenage boy who
───※ ·❆· ※─── befriended her. Later, BB brought AA to a
nearby shanty where he raped her. The
Information for rape filed against BB states:
AUTHENTICATION AND PROOF OF
DOCUMENTS
"On or about October 30, 2015, in the City of
S.P. and within the jurisdiction of this
QUESTION. X was charged with robbery. On the Honorable Court, the accused, a minor, fifteen
strength of a warrant of arrest issued by the (15) years old with lewd design and by means
court, X was arrested by police operatives. of force, violence and intimidation, did then
They seized from his person a handgun. A and there, willfully, unlawfully and feloniously
charge for illegal possession of firearm was had sexual intercourse with AA, a minor,
also filed against him. In a press conference twelve (12) years old against the latter's will
called by the police, X admitted that he had and consent."
robbed the victim of jewelry valued at
P500.000.00. At the trial, the prosecutor called to the
witness stand AA as his first witness and
The robbery and illegal possession of firearm manifested that he be allowed to ask leading
cases were tried jointly. The prosecution questions in conducting his direct examination
presented in evidence a newspaper clipping of pursuant to the Rule on the Examination of a
the report to the reporter who was present Child Witness. BB's counsel objected on the
during the press conference stating that X ground that the prosecutor has not conducted
Admitted the robbery. It likewise presented a a competency examination on the witness, a
certification of the PNP Firearms and requirement before the rule cited can be
Explosives Office attesting that the accused applied in the case.
had no license to carry any firearm. The
certifying officer, however, was not presented a. Is BB's counsel correct?
as a witness. Both pieces of evidence were
objected to by the defense. SUGGESTED ANSWER:

Is the certification of the PNP Firearm and No. BB’s counsel is not correct. Every child is
Explosives Office without the certifying officer presumed qualified to be a witness (Sec. 6, Rule
testifying on it admissible in evidence against on Examination of Child Witness, A.M. No.
X? 004-07-SC). To rebut the presumption of
competence enjoyed by a child, the burden of
SUGGESTED ANSWER: proof lies on the party challenging his
Yes, the certification is admissible in evidence competence (Id.).
against X because a written statement signed by
an officer having the custody of an official record Here, AA, a twelve (12) year old child who is
or by his deputy that after diligent search no presumed to be competent, may be asked leading
record or entry of a specified tenor is found to questions by the prosecutor in conducting his
exist in the records of his office, accompanied by direct examination pursuant to Rules on
a certificate as above provided, is admissible as Examination of Child Witness and the Revised
evidence that the records of his office contain no Rules on Criminal Procedure (People v. Santos,
such record or entry. (Sec. 28 of Rule 132). G.R. No. 171452, October 17, 2008).

───※ ·❆· ※───

78
b. In order to obviate the counsel's argument but on his aggressive and violent tendencies. The
on the competency of AA as prosecution evidence had nothing to do with the witness’s
witness, the judge motu proprio conducted his character for truthfulness or untruthfulness.
voir dire examination on AA. Was the action Hence the impeachment was improper.
taken by the judge proper?
───※ ·❆· ※───
SUGGESTED ANSWER:
CROSS EXAMINATION
Yes, the judge may motu proprio conduct his voir
dire examination on AA. Under the Rules on
Examination of Child Witness, the court shall QUESTION. Pedro, the principal witness in a
conduct a competency examination of a child, criminal case, testified and completed his
motu proprio or on motion of a party, when it testimony on direct examination in 2015. Due
finds that substantial doubt exists regarding the to several postponements by the accused,
ability of the child to perceive, remember, grounded on his recurring illness, which were
communicate, distinguish truth from falsehood, all granted by the judge, the
or appreciate the duty to tell the truth in court cross-examination of Pedro was finally set on
(Id.). October 15, 2016. Before the said date, Pedro
died. The accused moved to expunge Pedro's
───※ ·❆· ※─── testimony on the ground that it violates his
right of confrontation and the right to
cross-examine the witness. The prosecution
IMPEACHMENT OF WITNESS
opposed the motion and asked that Pedro's
testimony on direct examination be admitted
QUESTION. In an attempt to discredit and as evidence. Is the motion meritorious?
impeach a Prosecution witness in a homicide Explain.
case, the defense counsel called to the stand a
person who had been the boyhood friend and SUGGESTED ANSWER:
next-door neighbor of the Prosecution witness
for 30 years. One question that the defense The motion is meritorious. The cross-examination
counsel asked of the impeaching witness was: of a witness is an absolute right, not a mere
"Can you tell this Honorable Court about the privilege, of the party against whom he is called.
general reputation of the prosecution witness With regard to the accused, it is a right
in your community for aggressiveness and guaranteed by the fundamental law as part of
violent tendencies?" Would you, as the trial due process. Article III, Sec. 14(2) of the 1987
prosecutor, interpose your objection to the Constitution specifically mandates that “the
question of the defense counsel? Explain your accused shall enjoy the right to meet the
answer. (2017 Bar Question) witnesses face to face,” and Ruel 115, Sec. 1(f)
of the 2000 Rules of Criminal Procedure enjoins
SUGGESTED ANSWER: that in all criminal prosecutions the accused shall
be entitled to confront and cross-examine the
Yes, I, as the trial prosecutor, would interpose my witnesses against him at the trial. Accordingly,
objection to defense counsel’s question on the the testimony of a witness given on direct
ground of improper impeachment. Under the Law examination should be stricken off the record
on Evidence, an adverse party’s witness may be where there was not adequate opportunity for
properly impeached by reputation evidence cross-examination (People v. Fernando Monjey
provided that it is to the effect that the witness’s Rosario, G.R. No. 146689, September 27, 2002).
general reputation for honesty, truth, or integrity
was bad. [S11 R132] The reputation must only be In People v. Manchetti, G.R. No. L-48883, Aug. 6,
on character for truthfulness or untruthfulness. 1980, the Supreme Court also held that if a party
[Cordial v. People, 166 SCRA 17] Here the is deprived of the opportunity of cross
evidence is not on the Prosecution witness’ examination without fault on his part, as in case
general reputation for honesty, truth, or integrity of the illness and death of a witness after direct

79
examination, he is entitled to have the direct QUESTION. (1) If the accused on the witness
testimony stricken from the records. Since the stand repeats his earlier uncounseled
accused was deprived of his opportunity to cross extrajudicial confession implicating his
examine the witness without fauly on his part, co-accused in the crime charged, is that
the motion to expunge is meritorious. testimony admissible in evidence against the
latter? [3%]
Alternative Answer: The motion is not
meritorious. The right of a party to confront and (2) What is the probative value of a witness'
cross-examine opposing witnesses in a judicial Affidavit of Recantation? [2%]
litigation is a personal one which may be waived,
expressly or impliedly, by conduct amounting to a SUGGESTED ANSWER:
renunciation of the right of cross examination.
Where a party has had the opportunity to cross- 1. Yes. The accused can testify by repeating his
examine a witness but failed to avail himself of earlier uncounseled extrajudicial confession,
it, he necessarily forfeits the right to because he can be subjected to
cross-examine and the testimony given on direct cross-examination.
examination of the witness will be received or
allowed to remain in the record. The conduct of a 2. On the probative value of an affidavit of
party which may be construed as an implied recantation, courts look with disfavor upon
waiver of the right to cross-examine may take recantations because they can easily be secured
various forms. The common basic principle from witnesses, usually through intimidation or
underlying the application of the rule on implied for a monetary consideration, Recanted
waiver is that the party was given the opportunity testimony is exceedingly unreliable. There is
to confront and cross-examine an opposing always the probability.
witness but failed to take advantage of it for
reasons attributable to himself alone (People v.
Abatayao, G.R. No. 139456, July 7, 2004). ADMISSIONS

Under the Doctrine of Incomplete Testimony, the

QUESTION. Bembolwas charged with rape.
direct testimony of a witness who dies before
Bembol’s father, Ramil, approached Artemon,
conclusion of the cross examination can be
the victim’s father, during the preliminary
stricken only insofar as not covered by the
investigation and offered PI Million to Artemon
cross-examination, (Curtice v. West, 2 NYS 507,
to settle the case. Artemon refused the offer.
50 Hun 47, affirmed 24 N.E. 1099, 121 N.Y. 696)
and that a referee has no power to strike the
b) During the pre-trial, Bembol personally
examination of a witness on his failure to appear
offered to settle the case for PI Million to the
for cross-examination where a good excuse is
private prosecutor, who immediately put the
given (People v. Hon. Alberto V. Seneris, G.R. No.
offer on record in the presence of the trial
L-48883, August 6, 1980).
judge. Is Bembol’s offer a judicial admission of
his guilt? (3%) (2008 Bar Question)
At any rate, the accused may be deemed to have
waived his right to confront and cross-examine
SUGGESTED ANSWER:
the witness when he asked the postponements of
No. The offer is not a judicial admission of guilt
the hearing for several times; therefore, the
because it has not been reduced in writing or
direct testimony of a witness who dies before the
signed by the accused. The Rule on pre-trial in
conclusion of the cross-examination should not be
criminal cases [Rule 118, Sec. 2, Rules of Court)
expunged from the records.
requires that all agreements or admissions made
───※ ·❆· ※─── or entered during the pre-trial conference shall
be reduced in writing and signed by the accused
and counsel, otherwise, they cannot be used
CONFESSION AFFIDAVIT OF RECANTATION against the accused.

80
 ───※ ·❆· ※─── Yes, Counsel B may ask the Judge to specify the
ground’s relied upon for sustaining the objection
QUESTION. The mutilated cadaver of a woman and thereafter move its reconsideration thereof.
was discovered near a creek. Due to witnesses (Rule 132, Sec. 37, Rules of Court).
attesting that he was the last person seen with
the woman when she was still alive, Carlito ───※ ·❆· ※───
was arrested within five hours after the
discovery of the cadaver and brought to the OFFER AND OBJECTION
police station. The crime laboratory
determined that the woman had been raped.
While in police custody, Carlito broke down in
the presence of an assisting counsel and orally
confessed to the investigator that he had OPINION RULE
raped and killed the woman, detailing the acts
he had performed up to his dumping of the QUETION. In a case, the prosecutor asked the
body near the creek. He was genuinely medical expert the question, "Assuming that
remorseful. During the trial, the State the assailant was behind the deceased before
presented the investigator to testify on the he attacked him, would you say that treachery
oral confession of Carlito. Is the oral attended the killing?" Is this hypothetical
confession admissible as evidence of guilt? question permissible? (2011 Bar Question)
(4%)
A. No, since it asks for his legal opinion.
SUGGESTED ANSWER: B. Yes, but conditionally, subject to
No, the oral confession is not admissible as subsequent proof that the assailant was
evidence of guilt of Carlito because he was indeed
already under arrest and in police custody when behind the deceased at that time.
he made the extrajudicial confession but the C. Yes, since hypothetical questions may be
mandates of Rep. Act No. 7438, particularly asked of an expert witness.
Sections 2, par. (d), have not been complied with. D. No, since the medical expert has no
Noncompliance with said par. (d) of the law personal knowledge of the fact.
expressly renders the extrajudicial confession
inadmissible as evidence in any proceeding. He SUGGESTED ANSWER
was not informed of his right to be warned and he A. No, since it asks for his legal opinion.
was not informed of the Miranda right particularly
the right to remain silent. Additionally, it does
not appear that counsel present is his counsel of ───※ ·❆· ※───
his choice.
CHARACTER EVIDENCE
───※ ·❆· ※───

QUESTION. Character evidence is admissible

OBJECTION TO HEARSAY EVIDENCE
__________. (2013 Bar Question)

QUESTION. Counsel A objected to a question (a) in criminal cases – the accused may prove
posed by opposing Counsel B on the grounds his good moral character if pertinent to the
that it was hearsay and it assumed a fact not moral trait involved in the offense charged
yet established. The judge banged his gavel (b) in criminal cases – the prosecution may
and ruled by saying "Objection Sustained". Can prove the bad moral character of the accused
Counsel B ask for a reconsideration of the to prove his criminal predisposition
ruling? Why? (5%) (2012 Bar Question) (d) in criminal cases under certain situations,
but not to prove the bad moral
SUGGESTED ANSWER: character of the offended party

81
(d) when it is evidence of the good character
of a witness even prior to his a.) No, BB’s counsel is incorrect. Under the Child
impeachment as witness Witness Rule, a child witness is presumed to be
(e) In none of the given situations above. qualified as a witness, and the burden proof to
rebut this presumption lies on the party
SUGGESTED ANSWER challenging the child’s competence. In this case,
(a) in criminal cases – the accused may prove his in the absence of any proof rebutting AA’s
good moral character if pertinent to the moral competence to testify, AA is presumed to be
trait involved in the offense charged qualified to stand as a witness, regardless of her
age. Therefore, BB’s counsel is incorrect.
───※ ·❆· ※───
b.) No. The judge may no conduct a voir dire
RULES ON EXAMINATION OF A CHILD examination on AA. Under the Child Witness rule,
WITNESS (A.M. No. 004-07-SC) a judge may only motu proprio, or upon motion of
the opposing party conduct a competency
examination on the child, when it finds that
QUESTION. AA, a twelve-year-old girl, while
substantial doubt exists regarding the ability of
walking alone met BB, a teenage boy who
the child to perceive, remember, communicate,
befriended her. Later, BB brought AA to a
distinguish truth from falsehood, or appreciate
nearby shanty where he raped her. The
the duty to tell the truth in court. In this case,
Information for rape filed against BB states:
there is no substantial doubt shown as to the
ability of AA to perceive, remember
"On or about October 30, 2015, in the City of
communicate, or appreciate the duty to tell the
S.P. and within the jurisdiction of this
truth to the court. In the absence of such doubt,
Honorable Court, the accused, a minor, fifteen
the judge may not motu proprio conduct a
(15) years old with lewd design and by means
competency examination on AA.
of force, violence and intimidation, did then
and there, willfully, unlawfully and feloniously
had sexual intercourse with AA, a minor,
twelve (12) years old against the latter's will
and consent."

At the trial, the prosecutor called to the

witness stand AA as his first witness and
manifested that he be allowed to ask leading
questions in conducting his direct
examination pursuant to the Rule on the
Examination of a Child Witness. BB's counsel
objected on the ground that the prosecutor has
not conducted a competency examination on
the witness, a requirement before the rule
cited can
be applied in the case.

a.) Is BB’s counsel correct?

b.)In order to obviate the counsel's argument
on the competency of AA as prosecution
witness, the judge motu proprio conducted his
voir dire examination on AA. Was the action
taken by the judge proper? (2015 Bar
Question)

SUGGESTED ANSWER

82
 REVISED RULES ON SUMMARY PROCEDURE
SUGGESTED ANSWER
The motion to dismiss should not be granted.
PROHIBITED PLEADINGS AND MOTIONS While RA 7160 provides as a general rule, that no
complaint involving any matter within the
authority of the Lupon shall be instituted or filed
QUESTION. Laura was the lessee of an
directly in court for adjudication unless there has
apartment unit owned by Louie. When the
been a confrontation between the parties in the
lease expired,Laura refused to vacate the
barangay and no settlement was reached, same
property. Her refusal prompted Louie to file an
law provides in barangays where majority of the
action for unlawful detainer against Laura who
inhabitants are members of indigenous cultural
failed to answer the complaint within the
communities, local systems of settling disputes
reglementary period.
through their councils of datus or elders shall be
Louie then filed a motion to declare Laura in
recognized. This means that the confrontation
default. Should the motion be granted?
between Pedro and Juan serves as sufficient
Explain your answer. (2017 Bar Question)
compliance with precondition under RA 7160.
Therefore, the motion to dismiss should be
SUGGESTED ANSWER
denied.
No, the motion should not be granted as it is a
prohibited pleading. Section 19(h) of the Rules of ───※ ·❆· ※───
Summary Procedure provides that a motion to
declare a defendant in default is a prohibited
motion in an action for unlawful detainer. WHEN PARTIES MAY DIRECTLY GO TO COURT
Because a Louie’s motion is prohibited, the
motion should not be granted. QUESTION. Pedro and Juan are residents of
Barangay Ifurug, Municipality of Dupac,
───※ ·❆· ※─── Mountain Province. Pedro owes Juan the
amount of P50,000.00. Due to nonpayment,
KATARUNGANG PAMBARANGAY Juan brought his complaint to the Council of
Elders of said barangay which implements
the bodong justice system. Both appeared
QUESTION. Pedro and Juan are resident of
before the council where they verbally agreed
Barangay Ifurug, Municipality of Dupaci
that Pedro will pay in installments on specific
Mountain Province. Pedro owes Juan the
due dates. Pedro reneged on his promise. Juan
amount of P50,000,00. Due to non-payment.
filed a complaint for sum of money before the
Juan brought his complaint to the Council of
Municipal Trial Court (MTC). Pedro filed a
Elders of said barangay which implements the
Motion to Dismiss on the ground that the case
bodong justice system. Both appeared before
did not pass through the barangay conciliation
the council where they verbally agreed that
under R.A. No. 7160 and that the RTC, not the
Pedro will pay in installments on specific due
MTC, has jurisdiction. In his opposition, Juan
dates. Pedro reneged on his promise. Juan
argued that the intervention of the Council of
filed a complaint for sum of money before the
Elders is substantial compliance with the
Municipal Trial Court (MTC). Pedro filed a
requirement ofR.A. No. 7160 and the claim of
Motion to Dismiss on the ground that the case
P50,000.00 is clearly within the jurisdiction of
did not pass through the barangay conciliation
the MTC. As MTC judge, rule on the motion and
under R.A. No. 7160 and that the RTC, not the
explain. (2016 Bar Question)
MTC, has jurisdiction. In his opposition, Juan
argued that the intervention of the Council of
SUGGESTED ANSWER:
Elders is substantial compliance with the
requirement of R.A. No. 7160 and the claim of
As MTC judge, I would deny the motion to
P50,000.00 is clearly within the jurisdiction of
dismiss. Under the Rules of Procedure for Small
the MTC. As MTC judge, rule on the motion and
Claims Cases, a motion to dismiss on whatever
explain. (2016 Bar Question)
ground is a prohibited motion. Here the

83
complaint falls under the coverage of the Rules of
Procedure for Small Claims Cases since the claim
for sum of money did not exceed P100,000.
Hence the motion to dismiss filed by Pedro is a
prohibited motion and should thus be denied.
[Note: Threshold amount was subsequently
increased to P200,000].

───※ ·❆· ※───

QUESTION. Danielle, a Filipino citizen and

permanent resident of Milan, Italy, filed with
the Regional Trial Court (RTC) of Davao City,
where she owns a rest house, a complaint for
ejectment against Dan, a resident of Barangay
Daliao, Davao City. Danielle's property, which
is located in Digos City, Davao del Sur, has an
assessed value of PhP 25,000. Appended to the
complaint was Danielle's certification on
non-forum shopping executed in Davao City
duly notarized by Atty. Dane Danoza, a notary
public.

Was there a need to refer the case to the

Lupong Tagapamayapa for prior
barangay conciliation before the court can
take cognizance of the case? (2018 Bar
Question)

SUGGESTED ANSWER:

No. Since Danielle is not an actual resident of

Barangay Daliao, or a barangay adjacent thereto,
this case is not subject to the Katarungang
Pambarangay Law; hence, prior referral to the
Lupong Tagamayapa is not a precondition to the
filing of this case in court (Pascual v. Pascual,
G.R. No. 157830, 17 November 2005).

───※ ·❆· ※───

84
 ───※ ·❆· ※───
RULES OF PROCEDURE FOR SMALL CLAIMS
CASES
WRIT OF CONTINUING MANDAMUS

CLAIMS CASES
QUESTION. The officers of "Ang Kapaligiran ay
Alagaan, Inc." engaged your services to file an
SCOPE AND APPLICABILITY OF THE RULE action against ABC Mining Corporation which is
engaged in mining operations in Sta. Cruz,
Marinduque. ABC used highly toxic chemicals in
QUESTION. Danica obtained a personal loan of
extracting gold. ABC's toxic mine tailings were
PhP 180,000 from Dinggoy, payable in 18 equal
accidentally released from its storage dams
monthly installments of PhP 10,000 until fully
and were discharged into the rivers of said
paid. In order to complete her payment at an
town. The mine tailings found their way to
earlier date, Danica instead paid PhP 20,000
Calancan Bay and allegedly to the waters of
monthly, and continued doing so until the 15th
nearby Romblon and Quezon. The damage to
month, which payments Dinggoy all accepted.
the crops and loss of earnings were estimated
Later on, she realized that she had overpaid
at Pl Billion. Damage to the environment is
Dinggoy by 100% as she should have already
estimated at Pl Billion. As lawyer for the
completed payment in nine (9) months. She
organization, you are requested to explain the
demanded the return of the excess payment,
advantages derived from a petition for Writ of
but Dinggoy completely ignored her. Thus,
Kalikasan before the Supreme Court over a
Danica availed of the Rules of Procedure for
complaint for damages before the RTC of
Small Claims Cases by filing before the
Marinduque or vice-versa. What action will
Municipal Trial Court (MTC) a statement of
you recommend? Explain. (2016 Bar Question)
claim, together with the required documents.

SUGGESTED ANSWER:
Should the MTC proceed with the case under
the: (i) Revised Rules Summary Procedure; (ii)
I will recommend the filing of a Petition for the
the Rules of Procedure for Small Claims; or (iii)
issuance of a Writ of Kalikasan. The following are
the regular procedure for civil cases? (2018
the advantages of such a petition over a civil
Bar Question)
complaint for damages.

SUGGESTED ANSWER:
Firstly, there will be no issue regarding the legal
The Municipal Trial Court (MTC) should try the standing or legal capacity of the Ang Kapaligiran
case under the Revised Rules of Procedure for ay Alagaan Inc.” (AKAI)to file the action. Section
Small Claims (the “Revised Rules”). As per the 1, Rule 7 of the Rules of Procedure for
latest amendment of said rules (En Banc Environmental Cases (RPEC) provides that the
Resolution dated 10 July 2018 in A.M. No. writ of Kalikasan is available to a people’s
08-8-7-SC), the MTC shall apply the Revised Rules organization, non-governmental organization, or
in all actions which are purely civil in nature any public interest group. On the other hand, the
where the claim or relief prayed for is solely for legal capacity of AKAI to file an action for
payment or reimbursement of sum of money not damages on behalf of its members may be
exceeding Php300,000.00,[1] exclusive of interest questioned since a corporation has a personality
and costs. separate from that of its members.

Having overpaid by one hundred percent (100%)

Secondly, the petitioner in a petition for Writ of
of the amount of the loan, Danica’s claim for
Kalikasan is exempt from the payment of docket
reimbursement amounts to One Hundred Eight
fees unlike in a civil complaint for damages.
Thousand Pesos (Php180,000.00), which is within
the threshold of the Revised Rules. Thus, the MTC
Thirdly in a petition for Writ of Kalikasan, the
should proceed to hear the case under the
petitioners may avail of the precautionary
Revised Rules.
principle in environmental cases which provides

85
that when human activities may lead to threats of
serious and irreversible damage to the
environment that is scientifically plausible but
uncertain, action shall be taken to avoid or
diminish that threat. In effect, the precautionary
principle shifts the burden of evidence of harm
away from those likely to suffer harm and onto
those desiring to change the status quo. In a civil
complaint for damages, the burden of proof to
show damages is on the plaintiff.

Finally, the judgment in a Writ of Kalikasan case

is immediately executory unlike in a civil
complaint for damages.

The advantage of the civil complaint for damages

is that the court may award damages to the
Petitioners for the injury suffered which is not
the case in a petition for Writ of Kalikasan. At
any rate a person who avails of the Writ of
Kalikasan may also file a separate suit for the
recovery of damages.

───※ ·❆· ※───

86
 ALTERNATIVE DISPUTE RESOLUTION POST-JUDGMENT REMEDIES OTHER THAN
APPEAL

VENUE AND JURISDICTION

QUESTION. Mr. X filed a complaint for sum of
money against his old friend, Mr. Y. In order to
QUESTION. Water Builders, a construction ensure that Mr. Y would not be able to file a
company based in Makati City, entered into a responsive pleading and much more,
construction agreement with Super Powers, participate in the case, Mr. X paid off Mr. Y's
Inc., an energy company based in Manila, for counsel, Atty. Z, who deliberately let the case
the construction of a mini hydroelectric plant. proceed as such without his client's knowledge.
Water Builders failed to complete the project
within the stipulated duration. Super Powers Eventually, judgment was rendered on March
cancelled the contract. Water Builders filed a 1, 2016 in Mr. X's favor, a copy of which was
request for arbitration with the Construction received by Atty. Z on April 4, 2016. Bothered
Industry Arbitration Commission (CIAC). After by his conscience, Atty. Z brought the copy of
due proceedings, CIAC rendered judgment in the decision to Mr.Y on June 1, 2016, thereby
favor of Super Powers, Inc. ordering Water surprising the latter and causing him grief.
Builders to pay the former P10 million, the full Meanwhile, the decision became final and
amount of the down payment paid, and P2 executory in due course on April 19, 2016.
million by way of liquidated damages.
Dissatisfied with the CIAC's judgment, Water Thereafter, Mr. Y took steps in vindicating his
Builders, pursuant to the Special Rules of rights, which culminated on August 15, 2016
Court on Alternative Dispute Resolution (ADR when he, as represented by a new counsel,
Rules) filed with the RTC of Pasay City a filed a petition for annulment of judgment
petition to vacate the arbitral award. Super before the Court of Appeals (CA) on the ground
Powers, Inc., in its opposition, moved to of extrinsic fraud. The CA dismissed the
dismiss the petition, invoking the ADR Rules, petition on the ground that Mr. Y failed to
on the ground of improper venue as neither of submit a satisfactory explanation as to why he
the parties were doing business in Pasay City. directly resorted to a petition for annulment
of judgment, when he could have filed a
Should Water Builders' petition be dismissed? petition for relief from judgment.
(2015 Bar Question)
What are the differences between a petition
SUGGESTED ANSWER: for relief from judgment and a petition for
annulment of judgment in terms of grounds
Yes, Water Builders’ petition should be dismissed. and periods to file? (1998, 2019 BAR)
Under Rule 11.3 of the Special ADR Rules, the
petition for vacation of a domestic arbitral award SUGGESTED ANSWER:
may be filed with the Regional Trial Court having
jurisdiction over the place in which one of the In a Petition for relief from judgment, when a
parties is doing business, where any of the parties judgment or final order is entered or any other
reside or where arbitration proceedings were proceeding is thereafter taken against a party in
conducted. any court through fraud, accident, mistake, or
excusable negligence, he may file a petition in
Here neither of the parties were doing business in such court and in the same case praying that the
Pasay City nor was there a showing that judgment, order or proceeding be set aside.
arbitration proceedings were conducted in Pasay (Section 1, Rule 38) It must be filed within sixty
City. (60) days after the petitioner learns of the
judgment, and not more than six (6) months after
───※ ·❆· ※─── such judgment was entered, or such proceeding
was taken, and must be accompanied with
affidavit showing the fraud, accident, mistake, or

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excusable negligence relied upon, and the facts
constituting the petitioner’s good and substantial
cause of action or defense as the case may be.
(Sec. 3, Rule 38)

Whereas, in annulment of judgment, the Court of

Appeals can annul the judgment of the RTC in
civil actions when 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)

The grounds for annulment of judgment may be

based only on the grounds of extrinsic fraud and
lack of jurisdiction. Jurisprudence, however,
provides for the third ground which is denial of
due process. If based on extrinsic fraud, it must
be filed within four (4) years from its discovery
and if based on lack of jurisdiction, before it is
barred by laches
or estoppel. (Teaño v. Municipality of Navotas,
G.R No. 205814, February 15, 2016)

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