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LAST MINUTE TIPS IN REMEDIAL LAW

N.B. Unless otherwise stated, the provisions cited herein pertain to the Rules of Court.

I. GENERAL PRINCIPLES

Doctrine of Non-Interference/Judicial Stability provides that “the judgment of a court of

competent jurisdiction could not be interfered with by any court of concurrent jurisdiction. Acting
as an "insurmountable barrier," it strongly proscribes the exercise of jurisdiction of a court of
competent jurisdiction as regards cases relative to that already decided by another co-equal court.
(Metro Rail Transit Development Corporation, G.R. No. 204452, June 28, 2021)

Can jurisdiction over subject matter be waived?

General Rule: No, it cannot be waived (Sec. 1, Rule 9) and may be raised at any stage of the
proceedings even on the first time on appeal (La Naval Drug Corp. v. Court of Appeals, G.R. No.
103200, August 31, 1994).

Exception: Estoppel by laches. SC barred a belated objection to jurisdiction that was raised only
after an adverse decision was rendered by the court against the party raising the issue of
jurisdiction and after seeking affirmative relief from the court and after participating in all stages
of the proceedings (Tijam v. Sibonghanoy, G.R. No. L-21450, April 15, 1968).

II. JURISDICTION

Jurisdiction is the power of the court to hear, try, and decide a case. It includes the power to
determine whether it has the authority to hear and determine the controversies presented, and
the right to decide whether the statement of facts that confer jurisdiction exists as well as other
matters that may arise in the case legitimately. It also includes the power to control the execution
of its decision. (Heirs of Procopio Borras v. Heirs of Eustaquio Borras, G.R. No. 213888. April 25, 2022)

How is jurisdiction determined?

In civil actions, jurisdiction is determined by the allegations of the complaint. In criminal actions,
jurisdiction is determined by the allegations in the information. (Geronimo v. Calderon, G.R. No.
201781, December 10, 2014)

Differentiate between courts of general jurisdiction and courts of special jurisdiction.

Courts of general jurisdiction are those with competence to decide on their own jurisdiction and
take cognizance of all cases of a particular nature. Courts of special jurisdiction, on the other
hand, are those which have jurisdiction only for a particular purpose or clothed with special
powers for the performance of specified duties beyond which they have no authority of any kind.
(1 Riano 47, 2016 Bantam Ed)

A complaint involving an intra-corporate controversy was filed before the RTC. The RTC
Judge dismissed the complaint for lack of jurisdiction. Was the dismissal proper?
No, the dismissal was not proper. What the Judge should have done was order the re-raffling of
the case to an RTC designated as a Special Commercial Court. In Gonzales et al v. GJH Land, the

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Court held that the basic premise is that a court's acquisition of jurisdiction over a particular case's
subject matter is different from incidents pertaining to the exercise of its jurisdiction. In the
exercise of its general jurisdiction, then, the RTC has the power to order the re-raffling of the
case to another branch designated as a Special Commercial Court.

What is the Doctrine of Hierarchy of Courts?

Direct resort from the lower courts to the Supreme Court will not be entertained unless the
appropriate remedy cannot be obtained in the lower tribunals. The SC is a court of last resort.
(Prohomes Development, Inc. v. Standard Chartered Bank, G.R. No. 209683 (Notice), [May 14, 2021])
The doctrine is a practical judicial policy designed to restrain parties from directly resorting to
the Court when relief may be obtained before the lower courts. The logic behind this policy is
grounded on the need to prevent "inordinate demands upon the Court's time and attention which
are better devoted to those matters within its exclusive jurisdiction," as well as to prevent the
congestion of the Court's dockets. Hence, for the Court to be able to "satisfactorily perform the
functions assigned to it by the fundamental charter[,]" it must remain as a "court of last resort."
This can be achieved by relieving the Court of the "task of dealing with causes in the first instance.
(Patdu, Jr. v. Carpio-Morales, G.R. No. 230171, [September 27, 2021])

What is the Doctrine of Adherence of Jurisdiction?

Also known as the doctrine of continuity of jurisdiction, the doctrine of adherence of jurisdiction
means that once jurisdiction is vested, the same is retained up to the end of the litigation (De la
Rosa v. Roldan, G.R. No. 133882 (2006). An exception to this is when the change in jurisdiction is
curative in character (Vda. De Ballesteros v. Rural Bank of Canaman, G.R. No. 176260 (2010)].

What is a small claims action?

It is an action purely civil in nature where the claim or relief raised by the plaintiff is solely for
the payment or reimbursement of a sum of money and those coupled with provisional remedies.
Claim does not exceed P1,000,000 exclusive of interest and costs. (A.M. No. 08-8-7-SC)

What claims are covered by the Rules on Small Claims Cases?

The claims covered are those:
1. For money owed under any of the following:
a. Contract of lease;
b. Contract of loan and other credit accommodations;
c. Contract of services; OR
d. Contract of sale of personal property, excluding the recovery of personal property,
unless it is made the subject of a compromise agreement between the parties;
2. The enforcement of barangay amicable settlement agreements and arbitra tion awards,
where the money claim does not exceed P1,000,000, provided that no execution has been
enforced by the barangay within 6 months from the date of the settlement, date of receipt
of the award, or the date the obligation stipulated or adjudged in the arbitration award
became due and demandable, pursuant to Sec. 417, Ch. VII of the Local Government Code.
(Sec. 1(2). A.M. No. 08-8-7-SC)

When may the Sandiganbayan exercise appellate jurisdiction in criminal cases?

The Sandiganbayan may exercise appellate jurisdiction in criminal cases the exclusive original
jurisdiction of which are vested either in the MTC or the RTC, i.e. in cases where none of the

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accused are occupying positions corresponding to Salary Grade 27 or higher, or military and PNP
officers mentioned above. The Sandiganbayan shall exercise exclusive appellate jurisdiction over
final judgments, resolutions or orders of regional trial courts whether in the exercise of their own
original jurisdiction or of their appellate jurisdiction as provided. (Sec. 4, P.D. 1606, as amended by
R.A. 10660).

III. CIVIL PROCEDURE

A. KINDS OF ACTIONS

Why is it important to distinguish between kinds of actions?

1. To determine the binding effect of a decision rendered by the court; AND
2. To determine whether jurisdiction over the person of the defendant is required, as well as
the type of summons to be employed.

Give examples of actions in rem, actions quasi in rem, and actions in personam.
Actions in rem Registration of land under the Torrens system

Actions quasi in rem A civil action with an application for a writ of preliminary attachment

Actions in personam Action for collection of sum of money and damages; action for
unlawful detainer or forcible entry; action for specific performance;
action to enforce a foreign judgment
(Frias v. Alcayde, G.R. No. 194262, [February 28, 2018])

B. CAUSE OF ACTION

Elements of a Cause of Action are:

1. Plaintiff’s legal right;
2. Defendant’s correlative obligation to respect plaintiff’s right; and
3. Defendant’s act/omission in violation of plaintiff’s right (Ma-ao Sugar Central v. Barrios,
G.R. No. L- 1539 (1947))

What is a right of action? Is it an element of a cause of action?

Right of action is the procedural consequence of a cause of action. It is a remedial right or right
to relief granted by law to a party to institute an action against a person who has committed a
delict or wrong against him. There can be no right of action without a cause of action being first
established. (Español v. The Chairman and Members of the Board of Administrators, Philippine Veterans
Administration, G.R. No. L-44616 (1985)). Hence, a right of action is not an element of a cause of
action.

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Differentiate between Failure to State a Cause of Action and Lack of Cause of Action.
Failure to State a Cause of Action Lack of Cause of Action

As to Nature Refers to the insufficiency of the Refers to a situation where the evidence
allegations in the pleading. presented failed to establish the
elements of the cause of action.

As to Remedy When there is a failure to state a Where there is a lack of cause of action,
cause of action, the defendant can the remedy of the defendant is to file a
allege the same as an affirmative Demurrer of Evidence under Rule 33.
defense in the Answer. (Sec. 12(4),
Rule 8)

Tests to determine whether two suits relate to a single cause of action:

1. Whether the same evidence would support and sustain both the first and second causes
of action.
2. Whether the defenses in one case may be used to substantiate the complaint in the other.
3. Whether the cause of action in the second case existed at the time of the filing of the first
complaint. (Umale v. Canoga, G. R. No. 167246, 2011)

C. PARTIES TO CIVIL ACTIONS

Differentiate between a misjoinder and a non-joinder of parties.
A party is misjoined when he is made a party to the action although he should not be impleaded.
On the other hand, a party is not joined when he is supposed to be joined but is not impleaded in
the action. Neither is a ground for the dismissal of an action, as parties may be dropped or added
by order of the court or on motion of any party OR on its own initiative at any stage of the action
and on such terms as are just. However, the failure to obey the order of the court to drop or add
a party is a ground for the dismissal of the complaint, it being a disobedience to the court.

Requisites of a Class Suit:

1. Subject matter of the controversy of common or general interest to many persons;
2. Persons are so numerous that it is impracticable to join all as parties;
3. The parties actually before the court are sufficiently numerous and representative; and
4. The representatives sue or defend for the benefit of all. (Juana Complex I Homeowners
Association v. Fil-Estate Land, G.R. No. 152272, 2012)

D. VENUE

What is the rule where the subject-matter of the action involves various parcels of land situated
in different provinces?
The venue is determined by the number of transactions involved and where each parcel of land
is located
1. Where the parcels of land are the objects of one and the same transaction, the venue is in
the court of any of the provinces wherein a parcel of land is situated; or
2. If subject parcels of lands are the objects of separate and distinct transactions, there is no
common venue and separate actions should be laid in the court of the province wherein

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each parcel of land is situated. (United Overseas Bank Phils. v. Rosemoore Mining &
Development Corp., G.R. Nos. 159669 & 163521, March 12, 2007)

What is the rule on venue of personal actions?

Actions may be tried or commenced where:
1. The plaintiff or any of the principal plaintiffs resides;
2. The defendant or any of the principal defendants resides; or
3. In case of a nonresident defendant, where he may be found, at the election of the plaintiff
(Sec. 2, Rule 4)

What is the rule on venue when the defendant is a non-resident?

At the election of the plaintiff, the venue may either be (1) where the plaintiff or any of the
principal plaintiff resides, or (2) where the non-resident may be found. (Sec. 3, Rule 4)

E. PLEADINGS

When may a third-party complaint be denied admission?

A third-party complaint may be denied admission, and the court shall require the defendant to
institute a separate action, where:
1. the third (fourth, etc.)-party defendant cannot be located within 30 days from the grant of
leave to file the complaint by the court;
2. matters extraneous to the issue in the principal case are raised; or
3. the effect would be to introduce a new and separate controversy into the action.

When should a pleading be verified?

General Rule: A pleading need not be verified under oath.

Exception: The exception to this is when verification is required (1) by law, or (2) a rule. (Rule 7,
Sec. 4).

Function of a reply is to deny or allege facts in denial or avoidance of new matters alleged in, or
relating to, an actionable document. (Sec. 10, Rule 6) Hence, a reply is only allowed when the cause
of action in the Answer is based on an actionable document.

Significance of a counsel’s signature on a pleading. A counsel’s signature constitutes a

certificate that, to the best of his or her knowledge, and after an inquiry reasonable under the
circumstances, the pleading:
1. Is not being presented for any improper purpose, such as to harass, cause unnecessary
delay, or needlessly increase the cost of litigation;
2. Contains claims, defenses, and other legal contentions warranted by existing law or
jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing
existing jurisprudence;
3. Contains factual contentions which have evidentiary support or, if specifically so
identified, will likely have evidentiary support after availment of the modes of discovery
under the Rules; and
4. Contains denials of factual contentions which are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of information.

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What is presumptive service?

There shall be presumptive service of a notice to a party of a court setting in the following
instances:
1. Addressee is in the same judicial region of the court where the case is pending – if such
notice appears on the records to have been mailed at least 20 calendar days prior to the
scheduled date of hearing
2. Addressee is from outside the judicial region of the court where the case is pending –
if such notice appears on the pleading sets forth:
a. Its designation
b. The allegations of the party’s claims or defenses
c. The relief prayed for, AND
d. The date of the pleading.
In addition, under Rule 7, Section 6, every pleading stating a party’s claims or defenses state:
1. Names of witnesses who will be presented to prove a party's claim or defense;
2. Summary of the witnesses' intended testimonies, provided that the judicial affidavits of
said witnesses shall be attached to the pleading and form an integral part thereof; and
3. Documentary and object evidence in support of the allegations contained in the pleading.
(Sec. 6, Rule 7)

Affirmative defenses that may be raised in an Answer:

1. Fraud
2. Statute of limitations
3. Release
4. Payment
5. Illegality
6. Statute of Frauds
7. Estoppel
8. Former recovery
9. Discharge in bankruptcy
10. Any other matter by way of confession and avoidance (Sec. 5(b), Rule 6)

Modes of Service allowed by the Court:

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

F. SUMMONS

When may a plaintiff be authorized to serve summons?

1. When there is failure of service of summons by the sheriff, his or her deputy, or other
court officer — the court may authorize the plaintiff to serve summons together with the
sheriff.

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2. Where summons is to be served outside the judicial region of the court where the case is
pending — plaintiff alone shall be authorized to cause the service of summons. (Sec. 3,
Rule 14)

When may an alias summons be issued?

An alias summons may only be issued, upon motion, in case of loss or destruction of summons.
(Sec. 4, Rule 14)

Give instances wherein service of summons may be made by publication:

1. Service upon a foreign private juridical entity (Sec. 14, Rule 14)
2. Service upon defendant whose identity or whereabouts are unknown (Sec. 16, Rule 14)
3. Extraterritorial service upon a non-resident defendant (Sec. 17, Rule 14)
4. Service upon a resident temporarily out of the Philippines (Sec. 18, Rule 14)

Rule on service of summons to juridical entities.

General Rule: Service may be made upon either the:
1. President
2. Managing Partner
3. General Manager
4. Corporate Secretary
5. Treasurer; OR
6. In-house Counsel

Exception: In case of the absence or unavailability of the foregoing persons, service may be made
upon either (1) their secretaries or (2) the person who customarily receives the correspondence
for the defendant at its principal office.

Is “special appearance” still a viable legal maneuver?

No. In light of the amendments, special appearance is no longer a viable legal maneuver. A
special appearance may be used by the defendant to challenge the court’s acquisition of
jurisdiction over his or her person. However, due to Sec. 13 of the amended Rule 14, where the
summons is improperly served and a lawyer makes a special appearance on behalf of the
defendant to, among others, question the validity of service of summons, the counsel shall be
deputized by the court to serve summons on his or her client. Hence, the end result which the
defendant employing the legal technique is frustrated, as the defendant’s counsel may now be
tasked to serve the summons upon the defendant’s person.

G. MOTIONS

Differentiate between litigious and non-litigious motions.

Litigious Motion Non-Litigious Motion

Definition: Those which require the parties Definition: Those which the court may act
to be heard before a ruling on the motion is upon without prejudicing the rights of
made in court (1 Riano 368, 2011 Ed.) adverse parties

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Ex.: Ex.:
1. Motion for bill of particulars 1. Motion for issuance of an alias
2. Motion to dismiss summons;
3. Motion for new trial 2. Motion for extension to file an answer;
4. Motion for reconsideration 3. Motion for postponement;
5. Motion for execution pending appeal 4. Motion for the issuance of a writ of
6. Motion to amend after a responsive execution;
pleading has been filed 5. Motion for the issuance of an alias
7. Motion to cancel statutory lien writ of execution
8. Motion for an order to break in or for 6. Motion for the issuance of a writ of
a writ of demolition possession;
9. Motion for intervention 7. Motion for the issuance of an order
10. Motion for judgment on the pleadings directing the sheriff to execute the
11. Motion for summary judgment final certificate of sale; and
12. Demurrer to evidence 8. Other similar motions (Sec. 4, Rule 15)
13. Motion to declare defendant in default
14. Other similar motions. (Sec. 5, Rule 15)

H. DISMISSAL OF ACTIONS

When may a complaint be dismissed due to the fault of the plaintiff?

A complaint may be dismissed, with prejudice, due to the fault of the plaintiff in the following
instances:
1. When the plaintiff fails to appear on the date of the presentation of his or her evidence in
chief on the complaint
2. When the plaintiff fails to prosecute his or her action for an unreasonable length of time
3. When the plaintiff fails to comply with the ROC or any court order (Sec. 3, Rule 17)

I. PRE-TRIAL

When are the parties required to appear?

Parties and their counsel are required to appear at pre-trial, court-annexed mediation, and judicial
dispute resolution. (Sec. 4, Rule 18)

When may non-appearance of a party and counsel be excused?

Excused non-appearance may only be by (1) acts of God, (2) force majeure, or (3) duly
substantiated physical inability.

In the Notice of Pre-Trial sent to plaintiff Victoria and defendant Wilson, the court indicated
the following dates:

Pre-Trial - March 20, 2023

Mediation- April 20, 2023
Judicial Dispute Resolution (if Mediation fails) - May 20, 2023

Victoria appeared with his counsel at the pre-trial but failed to appear at the Mediation.

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If you were Wilson's counsel, what action would you take? Explain.
As Wilson’s counsel, I would move the court to dismiss the case. It is the duty of the parties and
their counsel to appear at the pre-trial, court-annexed mediation, and judicial dispute resolution.
(Rule 18, Section 4) When duly notified, the failure of the plaintiff and counsel to appear without
valid cause shall cause the dismissal of the action. (Rule 18, Section 5)

J. INTERVENTION

When may a motion to intervene be filed and how?

It may be filed at any time before rendition of judgment by the trial court. It may be effected by
filing a motion to intervene, attaching thereto a copy of the pleading-in-intervention, and serving
the motion and pleading-in-intervention on the original parties. (Rule 19, Sec. 2)

Pleadings-in-Intervention are as follows:

1. Complaint-in-intervention - one where the intervenor asserts a claim against either or all
of the original parties
2. Answer-in-intervention - one where the intervenor unites with the defending party in
resisting a claim against the latter (Sec. 3, Rule 19)
3. Answer to complaint-in-intervention - filed within 15 calendar days from the notice of
the order admitting the complaint-in-intervention, unless a different period is fixed by the
court (dl)

K. SUBPOENA

What should be included in a subpoena?

A subpoena shall have the following form and contents:
1. Name of the court
2. Title of the action or investigation
3. Shall be directed to the person whose attendance is required; and
4. Shall contain a reasonable description of the books, documents or things demanded which
must appear to the court prima facie relevant in cases for subpoena duces tecum. (Sec. 3,
Rule 21)

L. MODES OF DISCOVERY

Uses of a Deposition are as follows:

1. To impeach a witness
2. To include a person’s testimony in evidence when the deponent is more than 100
kilometers from place of hearing or is out of the Philippines, UNLESS it appears that his
or her absence was procured by the party offering the deposition
3. The party offering the deposition has been unable to procure the attendance of the witness
by subpoena. (Sec. 4, Rule 23)

Mary was arrested by Indonesian authorities at the Jakarta airport for importation of 10 kilos
of heroine. She was immediately tried by an Indonesian Court and found guilty, sentenced to
die by firing squad. The recruiters of Mary, Jan and Maurie, were indicted here in Manila, for

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unlawful Human Trafficking in Persons. During trial, the prosecution filed a motion in court
to take the testimony of Mary by written interrogatories under Rule 23 of the Rules of Court.
This was objected to by the defense, with the Solicitor General siding with the accused. The
accused posits that modes of discovery is unavailing in criminal actions and the taking of the
deposition of Mary would violate their right to confront the witnesses against them. If you are
the judge, how would you rule?
If I were the judge, I would grant the motion based on the recent ruling of the Supreme Court in
People v. Sergio. In that case, the Court held that while depositions are recognized under the Rules
on Civil Procedure, Rule 23 on deposition by written interrogatories, it may be applied suppletory
in criminal proceedings so long as there is compelling reason therefor. There are extraordinary
circumstances here as Mary’s right to due process would be violated. The interest of justice
dictates that a stringent application of the rules should not derail the right of the state to prove
the criminal liability of Jan and Maurie. Moreover, the accused's right to confront a witness will
not be violated since they were given the right to raise their objections to the proposed questions,
and they could likewise propound written cross- interrogatories.

What is the effect of using a deposition?

The introduction in evidence of the deposition or any part thereof for any purpose generally
makes the deponent the witness of the party introducing the deposition (Rule 23, Sec. 8).
Exceptions to this include (1) when the deposition is used to contradict or impeach the deponent,
or (2) the deposition of a party or of anyone who at the time of taking the deposition was an
officer, director, or managing agent of a public or private corporation, partnership, or association
which is a party may be used by an adverse party for any purpose [Rule 23, Sec. 4(b)]

What is the procedure for interrogatories to parties?

Interrogatories to parties shall be:
1. Upon ex parte motion
2. Any party desiring to elicit material and relevant facts from any adverse parties,
3. Shall file and serve written interrogatories on the party
4. Such are to be answered by:
a. the party served or,
b. if the party served is a public or private corporation or a partnership or association,
by any officer thereof competent to testify in its behalf (Sec. 1, Rule 25)

Effect of failure to serve written interrogatories

General Rule: A party not served with written interrogatories may not be compelled by adverse
party to:
1. Give testimony in open court; or
2. Give a deposition pending appeal.

Exception: The two aforesaid may still be allowed by the court for good cause shown and to
prevent a failure of justice (Sec. 6, Rule 25).

Rule on implied admission by an adverse party

Each of the matters which an admission is requested shall be deemed admitted unless the party
to whom request is directed files and serves upon the party requesting admission a sworn
statement (Sec. 2, Rule 26)

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M. TRIAL

When is trial unnecessary?

1. Where the pleadings tender no issue at all, judgment on the pleadings may be directed by
the court (Rule 34)
2. Where from the pleadings, affidavits, depositions and other papers, there is actually no
genuine issue, the court may render a summary judgment (Rule 35)
3. Where the parties have entered into a compromise or an amicable settlement either during
the pre-trial or while the trial is in progress (Rule 18; Art. 2028, Civil Code)]
4. Where the parties agree, in writing, upon the facts involved in the litigation and submit
the case for judgment on the facts agreed upon, without the introduction of evidence [Sec.
7, Rule 30]. [1 Riano 563, 2014 Bantam Ed.]

N. DEMURRER TO EVIDENCE

Effect of an order denying a demurrer to evidence in a civil action.

If the demurrer is denied, the defendant shall have the right to present his evidence (Sec. 1, Rule
33). The remedy for such a denial is to proceed to trial and, should the defendant lose, to appeal
the judgment and include in the assigned errors, the denial of the demurrer to evidence. This is
because the order denying the demurrer to evidence shall not be the subject of an appeal or
petition for certiorari, prohibition, or mandamus before judgment (Sec. 2, Rule 33).

O. JUDGMENT ON THE PLEADINGS

When is a judgment on the pleadings not proper?

Judgment on the pleadings is not proper in cases of (1) declaration of nullity of marriage, (2)
annulment of marriage, and (3) legal separation. In such cases, the material facts alleged in the
complaint shall always be proved (Sec. 1, Rule 34).

P. SUMMARY JUDGMENT

When may a motion for summary judgment be filed?

If it is sought by the claimant, only after the answer is served (Rule 35, Sec. 1).

On the other hand, if it is sought by the defendant, it may be filed at any time (Rule 35, Sec. 2).

What are the bases for summary judgments?

Summary judgments may be based on (1) affidavits, (2) depositions, and (3) admissions by the
parties (Secs. 1-2, Rule 35)

Q. POST-JUDGMENT REMEDIES

Grounds for a motion for a new trial:

The grounds for a motion for new trial are:
1. Fraud, accident, mistake, or excusable negligence which ordinary prudence could not
have guarded against and by reason of which such aggrieved party has probably been
impaired in his rights; and

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2. Newly discovered evidence, which he could not, with reasonable diligence, have
discovered, and produced at the trial, and which if presented would probably alter the
result. (Sec. 1, Rule 37)

Remedy if a motion for new trial or reconsideration is denied:

An order denying a motion for new trial or reconsideration is not appealable. The remedy is an
appeal from the judgment or final order (Sec. 9, Rule 37).

Fresh Period Rule

To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity
to appeal their cases, the Court deems it practical to allow a fresh period of 15 days within which
to file the notice of appeal, counted from the receipt of the order dismissing a motion for new trial
or motion for reconsideration (Neypes v. CA, G.R. No. 141524, September 14, 2005).

Matters not subject of an appeal are as follows:

1. An order denying a petition for relief or any similar motion seeking relief from judgment;
2. An interlocutory order;
3. An order disallowing or dismissing an appeal;
4. An order denying a motion to set aside a judgment by consent, confession or compromise
on the ground of fraud, mistake or duress, or any other ground vitiating consent;
5. An order of execution;
6. A judgment or final order for or against one or more of several pa rties or in separate
claims, counterclaims, cross-claims and third-party complaints, while the main case is
pending, unless the court allows an appeal therefrom; and
7. An order dismissing an action without prejudice. (Sec. 1, Rule 41, as amended by A.M. No.
07-7-12-SC)

Different modes of appeal a decision or final judgment of the RTC:

a. The first mode of appeal, the ordinary appeal under Rule 41 of the Rules of Court, is
brought to the CA from the RTC, in the exercise of its original jurisdiction, and resolves
questions of fact or mixed questions of fact and law.
b. The second mode of appeal, the petition for review under Rule 42 of the Rules of Court,
is brought to the CA from the RTC, acting in the exercise of its appellate jurisdiction, and
resolves questions of fact or mixed questions of fact and law.
c. The third mode of appeal, the appeal by certiorari under Rule 45 of the Rules of Court, is
brought to the Supreme Court and resolves only questions of law. (East West Banking Corp.
v. Cruz, G.R. No. 221641, July 12, 2021)
Grounds for an annulment of judgment under Rule 47:
1. Extrinsic fraud – refers to any fraudulent act of the prevailing party in litigation
committed outside the trial of the case where the defeated party prevented from fully
exhibiting his side by fraud or deception practiced on him by his opponents [Cagayan
Economic Zone Authority vs Meridien Vista Gaming Corp, G.R. No. 194962 (2016)]
2. Lack of jurisdiction – either lack of jurisdiction over the person of the defending party,
or over the subject matter of the claim (1 Regalado 630, 2010 Ed.). The petitioner must show
absolute lack of jurisdiction and not mere abuse of judicial discretion; a claim of grave
abuse of discretion will support a petition for certiorari but not an action for annulment
of judgment (1 Riano 633, 2011 Ed.).

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R. EXECUTION, SATISFACTION, AND EFFECTS OF JUDGMENTS

When is the issuance of a writ of execution discretionary?

The issuance of a writ of execution is discretionary when it is for the:
1. Execution of a judgment or final order pending appeal, or
2. Execution of several, separate, or partial judgments (Sec. 2, Rule 39)

Requisites for Discretionary Execution

1. On motion of the prevailing party;
2. With notice to the adverse party;
3. Filed in the:
a. Trial court while it has jurisdiction over the case and is in possession of either the
original record or the record on appeal, as the case may be; or
b. Appellate court if trial court has lost its jurisdiction.
4. Upon good reasons to be stated in a special order after due hearing. (Sec. 2, Rule 39)

When may a court grant a motion for execution pending appeal?

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

IV. PROVISIONAL REMEDIES

A. PRELIMINARY ATTACHMENT

When may a writ of preliminary attachment be applied for and on what grounds?
An order for preliminary attachment may be applied for at the commencement of the action; OR
at any time before the entry of judgment on the following grounds:
1. In an action for the recovery of a specified amount of money or damages, other than
moral and exemplary, on a cause of action arising from law, contract, quasi-contract, delict
or quasi-delict against a party who is about to depart from the Philippines with intent to
defraud his creditors
2. In an action for money or property embezzled or fraudulently misapplied or converted
to his own use by a public officer, or an officer of a corporation, or an attorney, factor,
broker, agent, or clerk, in the course of his employment as such, or by any other person in
a fiduciary capacity, or for a willful violation of duty;
3. In an action to recover the possession of property unjustly or fraudulently taken,
detained or converted, when the property, or any part thereof, has been concealed,
removed, or disposed of to prevent its being found or taken by the applicant or an
authorized person;
4. In an action against a party who has been guilty of a fraud in contracting the debt or
incurring the obligation upon which the action is brought, or in the performance thereof;

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5. In an action against a party who has removed or disposed of his property, or is about to
do so, with intent to defraud his creditors; or
6. In an action against a party who does not reside and is not found in the Philippines, or
on whom summons may be served by publication (Sec. 1, Rule 57)

Requisites for a writ of preliminary attachment:

1. The applicant must file a motion whether ex parte or otherwise, supported by an affidavit
2. The applicant must show by affidavit executed by the applicant or some other person who
personally knows the facts that:
a. There is no sufficient security tor the claim sought to be enforced by the action;
b. That the amount due the applicant or the value of property the possession of which
he is entitled to recover, is as much as the sum for which the order is granted above
all counterclaims;
c. A sufficient cause of action exists;
d. The case must be any of those where preliminary attachment is Proper as provided
under Sec 1, Rule 57
3. That the applicant must post a bond:
a. Executed to the adverse party in an amount fixed by the court in its order granting
the issuance of the writ;
b. Conditioned that he will pay all the costs which may be adjudged to. the adverse
party and all damages which he may sustain by reason of the attachment, if the
court shall finally adjudge that the applicant was not entitled thereto
4. The affidavit and bond must be duly filed with the court before the order issues. (Secs. 2-
4, Rule 57)
.
B. PRELIMINARY INJUNCTION

Requisites for a writ of preliminary injunction:

The following should be proven for the writ to be issued:
1. The applicant must have a clear and unmistakable right, that is a right in esse
2. There is a material and substantial invasion of such right
3. There is an urgent need for the writ to prevent irreparable injury to the applicant

Differentiate between an Action for Injunction and a Writ of Preliminary Injunction.

The main action for injunction seeks a judgment embodying a final injunction, which is distinct
from, and should not be confused with, the provisional remedy of preliminary injunction, the
sole object of which is to preserve the status quo until the merits are heard. Further, the
provisional or ancillary remedy of preliminary injunction cannot exist except only as part or an
incident of an independent action or proceeding. (Urbanes v. CA, G.R. No. 117964, 2001)

V. SPECIAL CIVIL ACTIONS

A. INTERPLEADER

Requisites of an action for interpleader to proceed

1. There must be 2 or more claimants with adverse or conflicting interest;
2. The conflicting claims involves the same subject matter;

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3. The conflicting claims are made against the same person; AND
4. The plaintiff has no claim upon the subject matter of the adverse claims or if he has an
interest at all, such interest is not disputed by the claimants (Sec. 1, Rule 62).
.
Effect of a claimant’s failure to answer
If any claimant fails to plead within the time therein fixed, the court may, on motion,
1. Declare him in default; and
2. Render judgment barring him from any claim in respect to the subject matter (Sec. 5, Rule
62).

B. DECLARATORY RELIEF

When may the Court refuse to make a judicial determination?

General Rule: The court, motu proprio or upon motion, may refuse to exercise the power to
declare rights and to construe instruments in any case where a decision would not terminate the
uncertainty or controversy which gave rise to the action, or in any case where the declaration or
construction is not necessary and proper under the circumstances.

Exception: Actions falling under the 2nd paragraph of Sec. 1, Rule 63 thereto
1. An action for the reformation of an instrument, recognized under Articles 1359 to 1369 of
the Civil Code;
2. An action to quiet title, authorized by Articles 476 to 481 of the Civil Code; and
3. An action to consolidate ownership required by Article 1607 of the Civil Code in a sale
with a right to repurchase (Sec. 5, Rule 63).

When may a petition for declaratory relief be converted into an ordinary action?
The action may be converted into an ordinary action if:
1. Before the final termination of the case
2. A breach or violation of an instrument or a statute, executive order, regulation, ordinance,
or any other governmental regulation should take place. (Sec. 6, Rule 63).

C. CERTIORARI, PROHIBITION, AND MANDAMUS

Differentiate the concepts of Certiorari, Prohibition, and Mandamus.

Certiorari is a writ emanating from the proper court directed against any tribunal, board or officer
exercising judicial or quasi-judicial functions, the purpose of which is to correct errors of
jurisdiction - i.e., without or in excess of jurisdiction, or with grave abuse of discretion amounting
to the same. Moreover, it is a remedy to correct errors of jurisdiction (Sec. 1, Rule 65).

Prohibition is a writ issued by the proper court and directed against any tribunal, corporation,
board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions,
commanding the respondent to desist from further proceedings in the action or matter specified
therein. Also, this writ is a negative and preventive remedy as it restrains or prevents the
usurpation of jurisdiction (Sec. 2, Rule 65).

Mandamus is a writ to compel a tribunal, corporation, board, officer or person to do the act
required to be done to protect the rights of the petitioner when the respondent unlawfully

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neglects the performance of an act which the law specifically enjoins as a duty resulting from an
office, trust, or station, or excludes another from the use and enjoyment of a right or office to
which such other is entitled, and there is no other plain, speedy and adequate remedy in the
ordinary course of law. This writ may be used either as a positive or negative remedy. As a
positive remedy, it is used to order the performance of a duty. As a negative remedy, it is used to
exclude another from a right or office (Sec. 3, Rule 65).

Can a petition for certiorari serve as a substitute for lost appeal?

General Rule: When the remedy by appeal had already been lost due to the petitioner's own
neglect or error in the choice of remedies, certiorari cannot lie. The remedies are mutually
exclusive. (Meralco v. CA, G.R. No. 88396, July 4, 1990)

Exceptions:
1. Appeal is lost without the appellant's negligence;
2. When public welfare and the advancement of public policy dictates;
3. When the broader interest of justice so require;
4. When the writs issued are null and void; and
5. When the questioned order amounts to an oppressive exercise of judicial authority.
(Sunbeam Convenience Food Inc. v. CA, G.R. No. 50464, Jan. 29, 1990 )

Distinguish between Certiorari as a mode of appeal (Rule 45) and Certiorari as a special civil
action (Rule 65)
Rule 45 Rule 65

As a mode of appeal, Certiorari is a As a special civil action, Certiorari is an

continuation of the appellate process over the original action that may be directed against an
original case that seeks to review final interlocutory order of the court or where no
judgments or final orders. It involves only appeal or plain, speedy and adequate remedy
questions law (if brought directly from the is available is the ordinary course of law. It
RTC), OR law, fact, or both (if from other involves questions of jurisdiction (i.e., whether
courts). a tribunal, board or officer exercising judicial
or quasi-judicial functions has acted without
jurisdiction or in excess of jurisdiction or with
grave abuse of discretion amounting to lack of
jurisdiction.

File within 15 days from notice of the File not later than 60 days from notice of the
judgment or final order or resolution judgment, order or resolution, or from the
appealed from, or of the denial of the denial of the motion for reconsideration or
petitioner's motion for new trial or new trial. (Sec. 4, Rule 65)
reconsideration
Extendible for another 30 days for justifiable
reasons (Sec. 2, Rule 45)

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Rule on Extension of Time for Filing

The 60-day period provided for a filing of petition for certiorari under Rule 65 is non-extendible.

Nevertheless, under certain exceptional circumstances, the Court may extend this period
according to its sound discretion.
1. Most persuasive and weighty reasons;
2. To relieve a litigant from an injustice not commensurate with his failure to comply with
the prescribed procedure;
3. Good faith of the defaulting party by immediately paying within a reasonable time from
the time of the default;
4. The existence of special or compelling circumstances;
5. The merits of the case;
6. A cause not entirely attributable to the fault or negligence of the party favored by the
suspension of the rules;
7. A lack of any showing that the review sough is merely frivolous and dilatory;
8. The other party will not be unjustly prejudiced thereby;
9. Fraud, accident, mistake or excusable negligence without appellant’s fault;
10. Peculiar legal and equitable circumstances attendant to each case;
11. In the name of substantial justice and fair play;
12. Importance of the issues involved; and
13. Exercise of sound discretion by the judge guided by all the attendant circumstances
(Thenamaris Philippines, Inc. v. CA, G.R. No. 191215 (2014))

What reliefs are the petitioner entitled to?

The Court may:
1. Issue orders expediting the proceedings and may grant a temporary restraining order or
a writ of preliminary injunction for the preservation of the rights of the parties (Sec. 7, Rule
65).
2. Grant incidental reliefs as law and justice may require (Secs. 1-2, Rule 65).
3. Grant other reliefs prayed to which the petitioner is entitled (Sec. 8, Rule 65).
4. Disciplinary sanctions for erring lawyers for patently dilatory and unmeritorious petitions
for certiorari [Sec. 8, Rule 65].

What is the rule with respect to filing of motion for reconsideration?

General Rule: A Motion for Reconsideration is a condition sine qua non for the filing of a Petition
for Certiorari.

Exceptions:
1. The order is a patent nullity, as where the court a quo has no jurisdiction;
2. The questions raised in the certiorari proceeding have been duly raised and passed upon
by the lower court or are the same as those raised and passed upon in the lower court
3. There is an urgent necessity for the resolution of the question and any further delay would
prejudice the interests of the government or of the petitioner;
4. The subject matter of the action is perishable;
5. Under the circumstances, a motion for reconsideration would be useless;
6. Petitioner was deprived of due process and there is an extreme urgency for relief;
7. In a criminal case, relief from order of arrest is urgent and the granting of such relied by

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the court if improbable;

8. The proceedings were done ex parte or in which the petitioner had no opportunity to
object;
9. Where the issue raised is one purely of law; OR
10. Where public interest is involved (Republic v. Bayao, G.R. No. 179492, (2013))

D. QUO WARRANTO

Contents of a petition for quo warranto

1. The name of the person who claim to be entitled thereto;
2. If any, with an averment of his right to the same and that the respondent is unlawfully in
possession thereof; and
3. All persons who claim to be entitled to the public office, position or franchise may be made
parties, and their respective rights to such public office, position or franchise determined,
in the same action. (Sec. 6, Rule 66)

Who may a quo warranto proceeding be brought against?

A quo warranto proceeding may brought against:
1. A person who usurps, intrudes into, or unlawfully holds or exercises a public office,
position, or franchise;
2. A public who does or suffers an act, which, by the provision of law, constitutes a ground
for forfeiture of office; OR
3. An association which acts as a corporation within the Philippines without being legally
incorporated or without lawful authority so to act (Sec. 1, Rule 66).

N.B.: Sec. 2, Article XI of the Constitution allows the institution of a quo warranto action against
an impeachable officer. After all, a quo warranto petition is predicated on grounds distinct from
those of impeachment. The former questions the validity of a public officer’s appointment while
the latter indicts him for so-called impeachable offenses without questioning his title to the office
he holds (Republic v. Sereno, G.R. No. 237428 (2018))

Limitations of a quo warranto?

The quo warranto under Rule 66 does not apply to:
1. Authorize an action against a public officer or employee for his ouster from office unless
the same be commenced within 1 year after the cause of such ouster, or the right of the
petitioner to hold office arose; nor
2. Allow the person entitled to the office to file for damages unless the action is commenced
within 1 year after the entry of judgment establishing the petitioner’s right to the office in
question (Sec. 11, Rule 66).

E. EXPROPRIATION

What are the stages in an action for expropriation?

There are two stages in an action for expropriation: (1) Propriety of Expropriation and (2) Just
Compensation.

Under the first stage, it commences with the determination of the authority of the plaintiff

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to exercise the power of eminent domain and the propriety of its exercise in the context of
the facts involved in the suit and ends with an order of dismissal or order of condemnation
declaring that the plaintiff has a lawful right to take the property sought to be condemned
upon the payment of just compensation to be determined as of the date of the filing of the
complaint (National Power Corporation v. Posada, G.R. No. 191945 (2015)).

N.B.: A final order sustaining the right to expropriate the property may be appealed by
any party aggrieved thereby. Such appeal, however, shall not prevent the court from
determining the just compensation to be paid (Sec. 4, Rule 67).

Under the second stage, it involves the determination by the Court of the just
compensation for the property sought to be taken with the assistance of not more than
three (3) commissioners. The order fixing the just compensation on the basis of the
evidence before, and the findings of, the commissioners would be final.

When is an Order of Expropriation issued?

The order is issued where:
1. The objections to and the defenses against the right of the plaintiff to expropriate the
property are overruled; OR
2. When no party appears to defend as required by this Rule (Sec. 3, Rule 67).

F. FORCIBLE ENTRY AND UNLAWFUL DETAINER

Elements that must be alleged and proven for a forcible entry suit to prosper:
1. That they have prior physical possession of the property
2. That they were deprived of possession by any of the means provided for in Section 1, Rule
70 of the Rules of Court, namely, force, intimidation, strategy, threat, and stealth
3. That the action was filed within one year from the time the owners or legal possessors
learned of their deprivation of the physical possession of the property (Philippine Long
Distance Company v. Citi Appliance M.C. Corporation, G.R. No. 214546, October 9, 2019 )

Differentiate an action for forcible entry and an action for unlawful detainer.
An action for forcible entry is filed where the possession of land by the defendant is unlawful
from the beginning as he acquires possession by force, intimidation, strategy, threat, or stealth
(Dikit v. Ycasiano, G.R. No. L-3621 (1951)). In such a case, the plaintiff must prove that he was in
prior physical possession of the premises until he was deprived thereof by the defendant (Pharma
Industries, Inc. v. Pajarillaga, G.R. No. 53788 (1980)).

An action for unlawful detainer is filed where the possession is initially lawful, but it becomes
illegal by reason of the termination of his right to possession of the property under his contract
(express or implied) with the plaintiff (Dikit v. Ycasiano, G.R. No. L- 3621 (1951)). Moreover, the
plaintiff need not have been in prior physical possession (Pharma Industries, Inc. v. Pajarillaga, G.R.
No. 53788 (1980)).

What pleadings are prohibited in ejectment cases?

Under the Rules on Expedited Procedures in the First Level Courts, the following pleadings are
prohibited in ejectment cases:

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1. Motion to dismiss the complaint or the statement of claim;

2. Motion to hear and/or resolve affirmative defenses;
3. Motion for a bill of particulars;
4. Motion for new trial, or for reconsideration of a judgment on the merits, or for reopening
of proceedings;
5. Petition for relief from judgment;
6. Motion for extension of time to file pleadings, affidavits or any other paper;
7. Memoranda;
8. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued
by the court;
9. Motion to declare the defendant in default;
10. Dilatory motions for postponement. Any motion for postponement shall be presumed
dilatory unless grounded on acts of God, force majeure, or physical inability of a counsel
or witness to personally appear in court, as supported by the requisite affidavit and
medical proof;
11. Rejoinder;
12. Third-party complaints;
13. Motion for and Complaint in Intervention; (n) Motion to admit late judicial affidavit/s,
position papers, or other evidence, except on the ground of force majeure or acts of God
(Sec. 2, Rule II, A.M. No. 08-8-7-SC)

VI. SPECIAL PROCEEDINGS AND SPECIAL WRITS

Can the determination of heirs be made in a civil action instead of a special proceeding?
General Rule: The trial court cannot make a declaration of heirship in an [independent] civil
action since this declaration can only be made in a special proceeding instituted for that purpose.

Exception: The determination of heirship may be made in a civil action, depending on the
circumstances surrounding the case, such as:
1. When it is impractical to subject a parcel of land to a special proceeding which could be
long just to establish heirship; AND
2. Superfluous when the parties could and had already presented evidence before the trial
court which assumed jurisdiction over the case upon the issues it defined during pre-trial.
(Heirs of Gabatan v. CA. G.R. No. 150206, March 13, 2009 )

Note: This is an EXCEPTION to the general rule.

A. SETTLEMENT OF ESTATE OF DECEASED PERSONS

Is publication required for settlement of estate?

Yes. Publication is required for both extrajudicial settlement and summary settlement of estate
(Sec. 1 in relation to Sec. 2, Rule 74)

The fact of the extrajudicial settlement or administration, or the notice of summary settlement, as
the case may be, shall be published once a week for 3 consecutive weeks in a newspaper of general
circulation in the province. (Sec. 1, Rule 74)

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Effect of Reprobate
1. The will shall have the same effect as if originally proved and allowed in Philippine court
(Sec. 3, Rule 77).
2. The grant of letters testamentary or of administration shall extend to all estate of the
testator in Philippines.
3. Payment of just debts and expenses of administration, estate shall be disposed of
according to the will.
4. Residue disposed of in accordance with law (Sec. 4, Rule 77).

Discuss the Order of Preference for Payment of Debts.

The Order of Preference for Payment of Debts is as follows:
1. Portion of property designated in the will
a. If testator makes provision by will, or designates the estate for the payment of
debts, expenses of administration, or family expenses, they shall be paid according
to such provisions
b. If not sufficient – part of the estate not disposed of by will shall be appropriated
(Sec. 2, Rule 88).
2. Personal property (Sec. 3, Rule 88).
3. Real property (Sec. 2, Rule 89).

N.B. If there is still a deficiency, the debt shall be satisfied through the contributive shares of the
devisees, legatees, or heirs who have been in possession of portions of the estate before debts and
expenses have been settled and paid (Sec. 6, Rule 88).

What steps must be taken before there could be a distribution of the estate?
Prior to the distribution of the state, there must be:
1. Liquidation of estate (i.e., payment of obligations of deceased)
2. Declaration of heirs
a. Determination of the right of a natural child
b. Determination of proportionate shares of distributees (Sec. 1, Rule 90)

B. GUARDIANSHIP

Parens patriae is the State’s duty to protect the rights of persons who because of age/incapacity
are in an unfavorable position vis-à-vis other parties. Unable as they are to take due care of what
concerns them, they have the political community to look after their welfare (Nery v. Lorenzo, G.R.
No. L-23096 (1972))

C. CHANGE OF NAME

Kristel Gonzales asked for the inclusion of her middle name, Santos, in her name. Can she
directly file a petition under Rule 108, arguing that it is a substantial change?
No. A prayer to enter a person's middle name is a mere clerical error, which may be corrected by
referring to existing records. Thus, it is primarily administrative in nature and should be filed
pursuant to R.A. 9048 as amended. (Republic v. Gallo, G.R. No. 207074. January 17, 2018)

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Distinguish grounds for change of name under Rule 103, Rule 108, and under RA 9048 .
RULE 103 RULE 108 RA 9048, as amended
Scope
Change of full name or surname Substantial changes and corrections Change of first name or
in cases of substantial corrections in entries in the civil register nickname and correction of
clerical errors of entries in the
Civil Registry
Nature
1. Judicial 1. Judicial 1. Administrative
2. Hearing required 2. Hearing necessary 2. Hearing not required
3. Adversarial
Coverage
1. Correction of clerical or Correction or changes in the 1. Correction of clerical or
typographical errors in any entry following entries: typographical errors in the civil
in civil registry documents, a. Births; registry, including correction of
except corrections involving the b. Marriages; date of birth and sex; and
change in sex, age, nationality c. Deaths;
and status of a person 2. Change of first name or
d. Legal separations;
nickname in the civil registry
e. Judgments of annulments of
2. Change of a person’s first
name or nickname in his or her marriage;
civil registry f. judgments declaring
marriages void from the
beginning;
g. Legitimations;
h. Adoptions;
i. Acknowledgments of
natural children;
j. Naturalization;
k. Election, loss or recovery of
citizenship;
l. Civil interdiction;
m. Judicial determination of
filiation;
n. Voluntary emancipation of
a minor; and changes of
name. (Sec. 2, Rule 108)
Grounds
1. When the name is ridiculous, Upon good and valid grounds As to first names:
dishonorable or extremely a. The petitioner finds the first
difficult to write or pronounce; name or nickname to be
2. When the change results as a ridiculous, tainted with
legal consequence, as in dishonor or extremely difficult
legitimation; to write or pronounce;

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3. When the change will avoid b. The new first name or

confusion; nickname has been habitually
4. Having continuously used and and continuously used by the
been known since childhood by a petitioner and he has been
Filipino name, unaware of her publicly known by that first
alien parentage; name or nickname in the
5. A sincere desire to adopt a community; or
Filipino name to erase signs of
former alienage, all in good faith c. The change will avoid
and without prejudicing confusion.
anybody; and
6. When the surname causes As to other entries
embarrassment and there is no a. clerical errors in one’s name
showing that the desired change
of name was for a fraudulent
purpose or that the change of
name would prejudice public
interest (Republic v. Wong, GR No.
97906, 1992).

A change of one's name under Rule 103 can be granted only on grounds provided by law. In order
to justify a request for change of name, there must be a proper and compelling reason for the
change and proof that the person requesting will be prejudiced by the use of his official name. To
assess the sufficiency of the grounds invoked therefor, there must be adversarial proceedings.

Previously, in petitions for correction (under Rule 108), corrections for clerical errors may be set
right under Rule 108. R.A. 9048, as amended, however, removed from the ambit of Rule 108 of
the Rules of Court the correction of such errors. As the rule stands now, Rule 108 applies only to
substantial changes and corrections in entries in the civil register. (Santos v. Republic, G.R. No.
250520, May 5, 2021; Bartolome v. Republic, G.R. No. 243288. August 28, 2019)

D. WRIT OF HABEAS CORPUS

When does the Rule on the Writ of Habeas Corpus in Relation to Custody of Minors apply?
The rule applies to petitions for custody of minors and writs of habeas corpus in relation thereto.
The Rules of Court apply suppletorily (Sec. 1, A.M. No. 03-04-04-SC).

In custody cases involving minors, the writ of habeas corpus is prosecuted for the purpose of
determining the right of custody over a child.

E. WRIT OF HABEAS DATA

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

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F. RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

What are the grounds for issuance of a Temporary Environmental Protection Order (TEPO)?
The grounds for the issuance of a Temporary Environmental Protection Order (TEPO) are in cases
where it appears from the verified complaint that:
1. The matter is of extreme urgency and
2. The applicant will suffer grave injustice and irreparable injury (Sec. 8, Rule 2)

N.B. The applicant shall be exempted from the posting of a bond for the issuance of a TEPO.

When may a Writ of Continuing Mandamus be availed?

A person aggrieved may file a verified petition when any agency or instrumentality of the
government or officer:
1. unlawfully neglects the performance of an act which the law specifically enjoins as a duty
resulting from an office, trust or station in connection with the enforcement or violation
of an environmental law rule or regulation or a right therein, OR
2. unlawfully excludes another from the use or enjoyment of such right and there is no other
plain, speedy and adequate remedy in the ordinary course of law (Sec. 1, Rule 8)

What requisites must be present for a Writ of Kalikasan to be availed?

The Writ of Kalikasan is a remedy available:
1. To a natural or juridical person, entity authorized by law, people’s organization, NGO, or
any public interest group accredited by or registered with any government agency;
2. On behalf of persons whose constitutional right to a balanced and healthful ecology is
violated or threatened with violation;
3. By an unlawful act or omission of a public official or employee, or private individual or
entity,
4. Involving environmental damage to such magnitude as to prejudice the life, health, or
property of inhabitants in two or more cities or provinces (Sec. 1, Rule 7)

VII. CRIMINAL PROCEDURE

A. INFORMATION

When may the Criminal Information be amended?

The Criminal Information may be amended in the following instances
1. Before the Accused enters a plea, matters of form and substance may be amended.
2. After the Accused enters a plea, the only amendment allowed is on matters of form as
long as it would not prejudice the rights of the accused. (Sec. 14, Rule 110)

N.B. For any amendment which downgrades the nature of the offense charged in or excludes any
accused from the complaint, it must be made upon the motion of the prosecution with notice to
the offended party and with leave of court.

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B. PROSECUTION OF CIVIL ACTION

Rule on Implied Institution of Civil Action with Criminal Action

General Rule: The civil action for the recovery of civil liability arising from the offense charged is
deemed instituted with the criminal action. (Sec. 3, Rule 111)

Exceptions: Where the offended party:

1. Waives the civil action
2. Reserves the right to institute it separately before the prosecution presents its evidence
3. Institutes the civil action prior to the criminal action; (Sec. 1, Rule 111)
4. All civil actions based on Articles 32, 33, 34 and 2176 of the Civil Code are NOT "deemed
instituted," and may be filed separately and prosecuted independently even without any
reservation in the criminal action (Casupanan v. Laroya, G.R. No. 145391, (2002)).

C. PRELIMINARY INVESTIGATION

Preliminary investigation is an inquiry to determine whether there is sufficient ground to

engender a well-founded belief that a crime was probably committed, and the accused is probably
guilty thereof. (Sec. 1, Rule 112)

Instances where the Right to Preliminary Investigation is waived

1. Express Waiver or by silence (Pilapil v. Sandiganbayan, G.R. No. 101978 (1993))
2. Failure to Invoke it during arraignment (People v. De Asis, G.R. No. 105581 (1993)); and
3. Consenting to be Arraigned and entering a plea of Not Guilty without invoking the right
to PI (People v. Bulosan, G.R. No. L-58404 (1988))

N.B. The right cannot be raised for the first time on appeal (Pilapil v. Sandiganbayan, G.R. No.
101978 (1993)).

Embroiled in the Fertilizer Fund Scam, respondents filed a motion to quash claiming that their
right to speedy disposition of cases was violated because of the length of time that had passed
from the COA investigation in 2006 to the filing of the Information before the Sandiganbayan
in 2017. They claim that there was an inordinate delay of 11 years and three months on the part
of the Ombudsman; thus, the case against them should be dismissed. Is their argument valid?
No, the period taken for fact-finding investigations shall not be included in the determination of
whether there is inordinate delay; the period shall be reckoned from the filing of a formal
complaint. (People v. Sandiganbayan, G.R. No. 239878, February 28, 2022, J. Hernando, citing Cagang
v. Sandiganbayan, G.R. No. 206438, July 31, 2018)

Discuss the Inordinate Delay Doctrine. (Cagang v. Sandiganbayan, supra, July 31, 2018)
Every accused has the right to due process and to speedy disposition of cases. Inordinate delay
in the resolution and termination of a preliminary investigation will result in the dismissal of the
case against the accused. Delay, however, is not determined through mere mathematical
reckoning but through the examination of the facts and circumstances surrounding each case.
Courts should appraise a reasonable period from the point of view of how much time a competent
and independent public officer would need in relation to the complexity of a given case.
Nonetheless, the accused must invoke his or her constitutional rights in a timely manner. The

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failure to do so could be considered by the courts as a waiver of right.

In analyzing where the right to speedy disposition of cases or the right to speedy trial is invoked:

First, the right to speedy disposition of cases is different from the right to speedy trial.
Right to speedy trial may only be invoked in criminal prosecutions against courts of law.
Right to speedy disposition of cases may be invoked before any tribunal, whether
judicial or quasi-judicial. What is important is that the accused may already be prejudiced
by the proceeding for the right to speedy disposition of cases to be invoked.

Second, a case is deemed initiated upon the filing of a formal complaint prior to a conduct of a
preliminary investigation. The Ombudsman should set reasonable periods for preliminary
investigation, with due regard to the complexities and nuances of each case. Delays beyond this
period will be taken against the prosecution. The period taken for fact-finding investigations prior
to the filing of the formal complaint shall not be included in the determination of whether there
has been inordinate delay.

Third, courts must first determine which party carries the burden of proof.
If the right is invoked within the given time periods contained in current Supreme Court
resolutions and circulars, and the time periods that will be promulgated by the Office of
the Ombudsman, the defense has the burden of proving that the right was justifiably
invoked.
If the defense has the burden of proof, it must prove (a) whether the case is
motivated by malice or clearly only politically motivated and is attended by utter
lack of evidence, and (b) that the defense did not contribute to the delay.
If the delay occurs beyond the given time period and the right is invoked, the
prosecution has the burden of justifying the delay.
Once the burden of proof shifts to the prosecution, the prosecution must prove (a)
that it followed the prescribed procedure in the conduct of preliminary
investigation and in the prosecution of the case; (b) that the complexity of the
issues and the volume of evidence made the delay inevitable; and (c) that no
prejudice was suffered by the accused as a result of the delay.

Fourth, determination of the length of delay is never mechanical. Courts must consider the
entire context of the case, from the amount of evidence to be weighed to the simplicity or
complexity of the issues raised.
EXCEPTION:
1. If there is an allegation that the prosecution of the case was solely motivated by
malice, such as when the case is politically motivated or when there is continued
prosecution despite utter lack of evidence. If malicious prosecution is properly
alleged and substantially proven, the case would automatically be dismissed
without need of further analysis of the delay.
2. Waiver of the accused to the right to speedy disposition of cases or the right to
speedy trial if it can be proven that the accused acquiesced to the delay.

In all cases of dismissals due to inordinate delay, the causes of the delays must be properly
laid out and discussed by the relevant court.

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Fifth, the right to speedy disposition of cases or the right to speedy trial must be timely raised.
The respondent or the accused must file the appropriate motion upon the lapse of the statutory
or procedural periods. Otherwise, they are deemed to have waived their right to speedy
disposition of cases.

D. ARREST

When is a Warrant of Arrest not necessary?

A warrant of arrest shall not issue
1. If the accused is already under detention pursuant to a warrant issued by the municipal
trial court in accordance with Sec. 5(b) of Rule 112; (i.e. the accused is under detention by
virtue of a warrant of arrest issued by an MTC judge after determining probable cause
upon the filing of the information); OR
2. If the complaint or information was filed pursuant to Sec. 6 of Rule 112 or (i.e. the accused
is under detention because he was arrested without a warrant and was subjected to
inquest only or inquest and preliminary investigation); OR
3. If the complaint or information is for an offense penalized by fine only (Sec. 5(c), Rule 112,
as amended by A.M. No. 05-8-26-SC)

E. BAIL

When is Bail a Matter of Right?

1. Before or after conviction, but pending appeal, by the first-level courts;
2. Before conviction by RTC of an offense not punishable by death, reclusion perpetua, or
life imprisonment (Sec. 4, Rule 114)

When is an accused not allowed to be released on bail?

When the accused is charged with a capital offense or an offense punishable by death, life
imprisonment, reclusion perpetua. (Examples: Plunder, Murder, Rape, Large-Scale Estafa) and
the evidence of guilt of the accused is strong. (Sec. 7, Rule 114)

G. ARRAIGNMENT AND PLEA

When should a plea of not guilty be entered?

1. When the accused so pleaded
2. When he refuses to plead or makes a conditional plea (Sec. 1(c), Rule 116)

What are the guidelines provided by the Court regarding the searching inquiry requirement?
The trial courts are mandated to observe the following guidelines:
1. Ascertain from the accused himself –
a. How he was brought into the custody of the law;
b. Whether he had the assistance of a competent counsel during the custodial and
preliminary investigations; and
c. Under what conditions he was detained and interrogated during the
investigations. This is intended to rule out the possibility that the accused has been
coerced or placed under a state of duress either by actual threats of physical harm

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coming from malevolent quarters or simply because of the judge's intimidating

robes.
2. Ask the defense counsel a series of questions as to whether he had conferred with, and
completely explained to, the accused the meaning and consequences of a plea of guilty.
3. Elicit information about the personality profile of the accused, such as his age, socio-
economic status, and educational background, which may serve as a trustworthy index of
his capacity to give a free and informed plea of guilty.
4. Inform the accused of the exact length of imprisonment or nature of the penalty under the
law and the certainty that he will serve such sentence. For not infrequently, an accused
pleads guilty in the hope of lenient treatment or upon bad advice or because of promises
of the authorities or parties of a lighter penalty should he admit guilt or express remorse.
It is the duty of the judge to ensure that the accused does not labor under these mistaken
impressions because a plea of guilty carries with it not only the admission of authorship
of the crime proper but also of the aggravating circumstances attending it, that increase
punishment.
5. Inquire if the accused knows the crime with which he is charged and fully explain to him
the elements of the crime which is the basis of his indictment. Failure of the court to do so
would constitute a violation of his fundamental right to be informed of the precise nature
of the accusation against him and a denial of his right to due process.
6. All questions posed to the accused should be in a language known and understood by the
latter.
7. The trial judge must satisfy himself that the accused, in pleading guilty, is truly guilty.
The accused must be required to narrate the tragedy or reenact the crime or furnish its
missing details. (People v. Pagal, G.R. No. 241257, (2020))

F. MOTION TO QUASH

During a seminar workshop attended by government employees from the Bureau of Customs
and the Bureau of Internal Revenue, Suntay, the speaker, in the course of his lecture, lamented
the fact that a great majority of those serving in said agencies were utte rly dishonest and
corrupt. The following morning, the whole group of employees in the two bureaus who
attended the seminar, as complainants, filed a criminal complaint against Suntay for uttering
what the group claimed to be defamatory statements of the lecturer.

In court, Suntay filed a motion to quash the information, reciting fully the above facts, on the
ground that no crime was committed. If you were the judge, how would you resolve the
motion?

I would grant the motion to quash on the ground that the facts charged do not constitute an
offense, since there is no definite person or persons dishonored.

Under Sec. 3, Rule 117, the accused may move to quash the complaint or information on any of
the following grounds:
a. That the facts charged do not constitute an offense;
b. That the court trying the case has no jurisdiction over the offense charged;
c. That the court trying the case has no jurisdiction over the person of the accused;
d. That the officer who filed the information had no authority to do so;

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e. That it does not conform substantially to the prescribed form;

f. That more than one offense is charged except when a single punishment for various
offenses is prescribed by law;
g. That the criminal action or liability has been extinguished;
h. That it contains averments which, if true, would constitute a legal excuse or
justification; and
i. That the accused has been previously convicted or acquitted of the offense charged,
or the case against him was dismissed or otherwise terminated without his express
consent.

The crime of libel or slander is a crime against honor such that the person or persons dishonored
must be identifiable even by innuendoes: otherwise, the crime against honor is not committed.
Moreover, A was not making malicious imputation, but merely stating an opinion; he was
delivering a lecture with no malice at all during a seminar workshop. Malice being inherently
absent in the utterance, the statement is not actionable as defamatory.

What is the effect of sustaining a Motion to Quash?

If the motion to quash is sustained, the court may order that another complaint or information be
filed except as provided in section 6 of this rule. If the order is made, the accused, if in custody,
shall not be discharged unless admitted to bail. If no order is made or if having been made, no
new information is filed within the time specified in the order or within such further time as the
court may allow for good cause, the accused, if in custody, shall be discharged unless he is also
in custody for another charge. (Sec. 5, Rule 117)

An order sustaining the motion to quash shall not be a bar to another prosecution for the same
offense unless the motion was based on the grounds of (1) extinguishment if criminal action or
liability, or (2) double jeopardy. (Sec. 6, Sec. 3(g, i), Rule 117)

What is double jeopardy and what are its requisites?

There is double jeopardy when a person is charged with an offense and the case is terminated
either by acquittal or conviction or in any other manner without the consent of the accused. In
such a case, the accused cannot again be charged with the same or identical offense. For there to
be double jeopardy, the following must concur:
1. A first jeopardy must have attached prior to the second;
2. The first jeopardy must have terminated; and
3. The second jeopardy must be for the same offense as the first. (Manantan v. CA, G.R. No.
107125, January 29, 2001)

G. TRIAL

Discuss the examination of witness for the prosecution before the Court.
Section 19, Rule 119 refers to the examination of witness for the prosecution. In order for the
testimony of the prosecution witness be taken before the court where the case is being heard, it
must be shown that the said prosecution witness is either: (a) too sick or infirm to appear at the
trial as directed by the order of the court, or; (b) has to leave the Philippines with no definite date
of returning.

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The court may determine whether the deposition should be taken upon oral examination or
written interrogatories to prevent abuse or harassment. (People v. Sergio, G.R. No. 240053, October
9, 2019)

What is the effect of filing a Demurrer to Evidence without leave of court in a criminal case?
If the demurrer is denied, the Accused shall not be allowed to present evidence and the Court
will render judgment. (Rule 119, Sec. 23)

H. SEARCHES AND SEIZURES

Requisites for a valid search warrant

1. There is probable cause in connection with one specific offense
2. Such probable cause must be determined personally by the judge
3. The judge must examine, in writing and under oath or affirmation, the complainant and
the witnesses he or she may produce
4. The applicant and the witnesses testify on the facts personally known to them; and
5. The warrant specifically describes the place to be searched and the things to be seized.
(Sec. 4-5, Rule 126; People v. Mamaril, G.R. No. 147607 (2004))

Can an unverified tip by an anonymous informant be the sole basis of the police to conduct a
warrantless search on a motor vehicle?
No, exclusive reliance on an unverified, anonymous tip cannot engender probable cause that
permits a warrantless search of a moving vehicle that goes beyond a visual search. In criminal
prosecutions, including prosecutions for violations of the law on dangerous drugs, the law is
heavily in favor of the accused. Thus, information coming from a complete and anonymous
stranger, without the police officers undertaking even a semblance of verification, on their own,
cannot reasonably produce probable cause that warrants the conduct of an intrusive search.
(People v. Sapla, G.R. No. 244045, June 16, 2020)

I. REVISED GUIDELINES ON CONTINUOUS TRIAL

Requisites for a waiver of reading the Information:

1. Multiple cases are involved
2. The court must personally examine accused
3. Full understanding of the accused
4. Express consent by accused AND his/her counsel
5. Consent is expressly stated in BOTH minutes/cert. of arraignment and the order of
arraignment
6. Waiver must be explained to the accused in a language/dialect known to him.

J. THE RULE ON CYBERCRIME WARRANTS

Requirements for the issuance of a Cybercrime Warrant:

1. Personal examination by the judge;
2. In a form of searching questions and answers;
3. Must be written and under oath. (Section 2.4, A.M. No. 17-11-03-SC)

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VIII. EVIDENCE

A. GENERAL CONCEPTS

Distinguish between Burden of Proof and Burden of Evidence.

The Burden of Proof is the duty of a party to present on the facts in issue necessary to establish
his or her claim or defense by the amount of evidence required by law.

The Burden of Evidence is the duty of the party to present evidence sufficient to establish or
rebut a fact in issue to establish a prima facie case. (Sec. 1, Rule 131)

B. JUDICIAL NOTICE

When is judicial notice discretionary?

1. Matters of public knowledge;
2. Matters capable of unquestionable demonstration; and
3. Matters ought to be known to judges because of their judicial functions (Sec. 2, Rule 129)

C. OBJECT (REAL) EVIDENCE

Requisites of admissibility of object evidence

1. The object must be relevant to the fact in issue;
2. The object must be authenticated before it is admitted;
3. The authentication must be made by a competent witness; and
4. The object must be formally offered in evidence.(Sec. 34, Rule 132)

D. DOCUMENTARY EVIDENCE

When can the Original Document Rule be dispensed with?

1. When the original is lost or destroyed, or cannot be produced in court, without bad faith
on the part of the offeror
2. When the original is in the custody or under the control of the party against whom the
evidence is offered, and the latter fails to produce it after reasonable notice, or the original
cannot be obtained by local judicial processes or procedures
3. When the original consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from
them is only the general result of the whole
4. When the original is a public record in the custody of a public officer or is recorded in a
public office; AND
5. When the original is not closely related to a controlling issue. (Sec. 3, Rule 130)

E. TESTIMONIAL EVIDENCE

Discuss the Res Inter Alios Acta Rule.

The Latin phrase “Res inter alios acta alteri nocere non debet” means that "a thing done between

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some does not harm or benefit others".

The reason for the rule is that, on a principle of good faith and mutual convenience, a man’s own
acts are binding upon himself, and are evidence against him. It would not only be inconvenient,
but also manifestly unjust, that a man should be bound by the acts of mere unauthorized
strangers; and that if a party ought not to be bound by the acts of strangers, neither ought their
acts or conduct be used as evidence against him (People v. Raquel, G.R. No. 119005, 1996).

Define Hearsay.
Hearsay is a statement other than one made by the declarant while testifying at a trial or hearing,
offered to prove the truth of the facts asserted therein. A statement is (1) an oral or written
assertion or (2) a non-verbal conduct of a person, if it is intended by him or her as an assertion.
Hearsay evidence is inadmissible except as otherwise provided in the Rules. (Sec. 37, Rule 130)

When is a statement not hearsay?

A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-
examination concerning the statement, and the statement is
a. inconsistent with the declarant's testimony, and was given under oath subject to the
penalty of perjury at a trial, hearing, or other proceeding, or in a deposition;
b. consistent with the declarant's testimony and is offered to rebut an express or implied
charge against the declarant of recent fabrication or improper influence or motive; or
c. one of identification of a person made after perceiving him or her. (Sec. 37, Rule 130)

Immediately before he died of gunshot wounds to his chest, Marco told the attending
physician, in a very feeble voice, that it was Leandro, his co-worker, who had shot him. Marco
added that it was also Leandro who had shot Carlo, the man whose cadaver was lying on the
bed beside him. In the prosecution of Leandro for the criminal killing of Marco and Carlo, are
all the statements of Marco admissible as dying declarations? Explain your answer.
No, not all the statements of Marco are admissible as dying declarations.

Under the Rules on Evidence, a dying declaration is admissible as an exception to the hearsay
rule provided that the following circumstances are present: "(a) it concerns the cause and the
surrounding circumstances of the declarant's death; (b) it is made when death appears to be
imminent and the declarant is under a consciousness of impending death; (c) the declarant would
have been competent to testify had he or she survived; and (d) the dying declaration is offered in
a case in which the subject of inquiry involves the declarant's death. (People v. Rarugal, G.R. No.
188603, January 16, 2013)

Marco’s statement that it was Leandro who shot him is admissible as a dying declaration. The
same relates to Marco’s own demise. It may be inferred that Marco had consciousness of his
impending death since he suffered gunshot wounds to his chest which would necessarily be
mortal wounds.

However, Marco’s statement that it was Leandro who shot Carlo is not admissible as a dying
declaration since it did not relate to the cause of the declarant’s death but to the death of another
person.

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After hearing gunshots, C and D, siblings, scurried down their house to see their father, A,
lying on the ground, a gunshot wound to his chest. Concerned, C asked A what happened, to
which the latter, in the throes of death, replied with “Si-si Mama mo…”, referring to his wife,
B. A died before finishing his sentence. Can A’s statement be considered as a dying
declaration?
No, A’s statement cannot be considered a dying declaration. For a dying declaration to be
admissible, it must be complete in itself. To be complete in itself does not mean that the declarant
must recite everything that constituted the res gestae of the subject of his statement, but that his
statement of any given fact should be a full expression of all that he intended to say as conveying
his meaning in respect of such fact. In this case, A’s statement cannot be construed as being a full
expression of all that he intended to say. To assume that B was the one who shot A based on the
latter’s statement in the throes of his death would be to speculate what the rest of his
communication might have been. (People v. De Joya y Cruz, G.R. No. 75028, November 8, 1991)

F. BURDEN OF PROOF AND PRESUMPTIONS

What is the effect of a disputable presumption?

The effect of a presumption upon the burden of proof is to create the need of presenting evidence
to overcome the prima facie case created by the said presumption. If no contrary proof is offered,
the presumption will prevail. (Riano; Diaz v. People, G.R. No. 208113, December 2, 2015)

Disputable Presumptions. A public document, as in the case of a Primary Entry Book in the
Register of Deeds is entitled to a presumption of truth as to the recitals contained therein pursuant
to Sec. 44, Rule 130 [now Sec 3. (m), Rule 131] of the Rules of Court, which provides that entries
in official records made the performance of duty by a public officer are prima facie evidence of
the truth of the facts therein stated. In the absence of strong, complete and conclusive proof of its
falsity, the evidentiary nature of such document must be sustained. For unless there is evidence
to the contrary, it is presumed that official duty has been regularly performed by the officer who
entered the details of the Deed of Sale pursuant to Sec. 3(m), Rule 131 of the ROC. (Heirs of
Bagaygay v. Heirs of Paciente, G.R. No. 212126 August 04, 2021)

How can disputable presumptions be overcome?

Disputable presumptions are presumptions that may be overcome by contrary evidence. If the
facts exist to set in motion the operation of a disputable presumption, courts may accept the
presumption. However, contrary evidence may be presented to rebut the presumption.
Courts cannot disregard contrary evidence offered to rebut disputable presumptions. Disputable
presumptions apply only in the absence of contrary evidence or explanations.
(University of Mindanao, Inc. v. Bangko Sentral ng Pilipinas, G.R. Nos. 194964-65, January 11, 2016)

G. PRESENTATION OF EVIDENCE

Differentiate between a Leading Question and a Misleading Question.

Both questions are generally not allowed.

A Leading Question is one which suggests to the witness the answer which the examining party
desires. Although it is generally not allowed, some exceptions are:
1. On cross examination;

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2. On preliminary matters;
3. When there is difficulty in getting direct and intelligible answers from a witness who is
ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute;
4. Of an unwilling or hostile witness; OR
5. Of a witness who is an adverse party or an officer, director, or managing agent of a public
or private corporation or of a partnership or association which is an adverse party (Sec.
10, Rule 132)

A Misleading Question is one which assumes as true a fact not yet testified to by the witness, or
contrary to that which he/she has previously stated. Unlike a Leading Question, there are no
exceptions which may be applied. (Sec. 10, Rule 132)

How can the due execution and authenticity of a private document be proven?
1. By anyone who saw the document executed or written;
2. By evidence of the genuineness of the signature or handwriting of the maker; OR
3. By other evidence showing its due execution and authenticity (Sec. 20, Rule 132).

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