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SPECIAL PROCEEDINGS1 Subject Matters of Special Proceedings: (a) Change of Name (b) Adoption (c) rustees (d) Constitution of !amil" #ome (e) #ospitali$ation of %nsane Persons (f) Absence and &eath' &eclaration of (g) (uardianship and Custod" of Children (h) )scheat (i) (*oluntar") &issolution of Corporation (j) Settlement of )state of &eceased Persons (+) #abeas Corpus (l) Children (m) .escission and .e-ocation of Adoption (n) Cancellation or Correction of )ntries in the Ci-il .egistr" Special Proceedings is an application or proceeding to establish the status or right of a part"' or a particular fact' generall" commenced b" application' petition or special form of pleading as ma" be pro-ided for b" the particular rule or la/0 A. Settlement of Estate of Deceased Persons, Venue and Process1 10 2hich court has jurisdiction he M C' Me C and MC C shall e3ercise e3clusi-e original jurisdiction o-er probate proceedings' testate and intestate' /here the -alue of the estate does not e3ceed P455'555 outside Metro Manila or /here such estate does not e3ceed P655'555 in Metro Manila04 (,udicial) Appro-al of *oluntar" .ecognition of Minor Natural

1 1 4

.ules 71 8 159 .ules 74 .A 7:91

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he jurisdiction of the . C is limited to the settlement and adjudication of properties of the deceased and cannot e3tend to collateral matters0

10 *enue in judicial settlement of estate (a) %nhabitant6 of Philippines; 8 . C or M C of pro-ince<cit" /here he resides0: (b) %nhabitant of foreign countr"7 8 . C or M C of an" pro-ince /herein he had his estate0= he residence9 of the decedent at the time of his death is determinati-e of the -enue of the proceeding015 40 )3tent of jurisdiction of Probate Court Probate courts are courts of limited jurisdiction0 %t ma" onl" determine and rule upon issues relating to the settlement of the estate' namel": (a) administration of the estate> (b) li?uidation of the estate> and (c) distribution of the estate011
6 ;

inhabitant /hether citi$en or alien : at the time of death0 7 %bid0 = Sec0 1 he court first ta+ing cogni$ance of the settlement of the estate of a decedent shall e3ercise jurisdiction to the e3clusion of all other courts0 9 2here the proceedings /ere instituted in t/o courts and the ?uestion of -enue is seasonabl" raised' the court in /hich the proceeding /as first filed has e3clusi-e jurisdiction to resol-e the issue (De Borja vs. Tan' 97 Phil0 =71) .esidence means his personal' actual' or ph"sical habitation' his actual residence or place of abode0 15 he ?uestion of residence is determinati-e onl" of the -enue and does not affect the jurisdiction of the court0 #ence' the institution of the proceeding in the pro-ince /herein the decedent neither had residence nor estate does not -itiate the action of the probate court0 11 he main function of a probate court is to settle and li?uidate the estates of a deceased person' either summaril" or through the process of administration he . C acting as a probate court e3ercises but limited jurisdiction' thus' it has no po/er to ta+e cogni$ance of and determine the issue of title to propert" claimed b" a third person ad-ersel" to the decedent unless the claimant and all other parties ha-e legal interest in the propert" consent' e3pressl" or impliedl"' to the submission of the ?uestion to the probate court0 %n that case' if the probate court allo/s the introduction of e-idence on

Page |4

he jurisdiction of the probate court merel" relates to matters ha-ing to do /ith the settlement of the estate and the probate of /ills' the appointment and remo-al of administrators' e3ecutors' guardians and trustees0 he ?uestion of o/nership is' as a rule' an e3traneous matter /hich the probate court cannot resol-e /ith finalit"0 60 Po/ers and &uties of Probate Court (a) @rders the probate of the /ill of the decedent>11 (b) (rants letters of administration of the part" best entitled thereto or to an" ?ualified applicant>14 (c) Super-ises and controls all acts of administration> (d) #ears and appro-es claims against the estate of the deceased>16 (e) @rders pa"ment of la/ful debts>1; (f) Authori$es sale' mortgage or an" encumbrance of real estate> 1: (g) &irects the deli-er" of the estate to those entitled thereto>17 (h) %ssue /arrants and processes necessar" to compel the attendance of /itnesses or to carr" into effect their orders and judgments' and all other po/ers granted them b" la/>1= (i) %f a person defies a probate order' it ma" issue a /arrant for the apprehension and imprisonment of such person until he performs such order or judgment' or is released019 B. Summary Settlement of Estates15 A judicial proceeding /herein' /ithout the appointment of e3ecutor or administrator' and /ithout dela"' the competent court summaril" proceeds
o/nership' it is for the sole purpose of determining /hether the subject properties should be included in the in-entor"' /hich is /ithin the probate courtAs competence0 he determination is onl" pro-isional subject to a proper action at the . C in a separate action to resol-e the title0
11 14

Sec0 4' .ule 77 Sec0 ;' .ule 79 16 Sec0 11' .ule =: 1; Sec0 11' .ule == 1: Sec0 1' .ule =9 17 Sec0 1' .ule 95 1= Sec0 4' .ule 74 19 %bid0 he court acts as trustee' and as such' should jealousl" guard the estate and see to it that it is /isel" and economicall" administered' not dissipated ( Timbol vs. Cano' 111 Phil0 914)0 15 .ule 76

Page |6

to -alue the estate of the decedent> ascertain his debts and order pa"ment thereof> allo/ his /ill if an"> declare his heirs' de-isee and legatees> and distribute his net estate among his +no/n heirs' de-isees' and legatees' /ho shall thereupon be entitled to recei-e and enter into the possession of the parts of the estate so a/arded to them' respecti-el"011 10 )3trajudicial settlement b" agreement bet/een heirs' /hen allo/ed a0 &ecedent left no /ill and no debts>11 and b0 #eirs are all of age' or the minors are represented b" their judicial or legal representati-es dul" authori$ed for the purpose014 10 /oB"ear prescripti-e period

%t shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration /ithin t/o (1) "ears after the death of the decedent016 %f /ithin the same time of t/o (1) "ears' it shall appear that there are debts outstanding against the estate /hich ha-e not been paid' or that an heir or other person has been undul" depri-ed of his la/ful participation pa"able in mone"' the court ha-ing jurisdiction of the estate ma"' b" order for that purpose' after hearing' settle the amount of such debts or la/ful participation and order ho/ much and in /hat manner each distributee shall contribute in the pa"ment thereof' and ma" issue e3ecution' if circumstances re?uire' against the bond or against the real estate belonging to the deceased' or both0 Such bond and such real estate shall remain charged /ith a liabilit" to creditors' heirs' or other persons for the full period of t/o (1) "ears after such distribution' not/ithstanding an" transfers of real estate that ma" ha-e been made01;
11 11

Sec0 1 infra 14 10 &i-ision of estate must be in a public instrument or b" Affida-it of adjudication in the case of a sole heir0 10 !iled /ith proper .egistr" of &eed 40 Publication of notice of the fact of e3trajudicial settlement once a /ee+ for three (4) consecuti-e /ee+s0 60 Cond filed e?ui-alent to the -alue of personal propert"0 16 Sec0 1 %f it shall appear at an" time /ithin t/o (1) "ears after the settlement and distribution of an estate that an heir or other person has been undul" depri-ed of his la/ful participation in the estate' such heir or such other person ma" compel the settlement of the estate in the courts for the purpose of satisf"ing such la/ful participation 1; Sec0 6

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40 Affida-it of SelfBadjudication b" sole heir %f there is onl" one heir' he ma" adjudicate to himself the entire estate b" means of an affida-it filed in the @ffice of the .egister of &eeds01: 60 Summar" settlement of estates of small -alue' /hen allo/ed a0 (ross -alue of the estate does not e3ceed P 15'555055>17 b0 Application is filed in the M C> c0 Publication' once a /ee+ for three (4) consecuti-e /ee+s in a ne/spaper of general circulation in the pro-ince> d0 Notice to interested persons> e0 &ebts' if there be an"' are all paid0 Claims should be made /ithin t/o (1) "ears after the settlement and distribution of the estate0 %f the claimant is a minor or mentall" incapacitated or in prison or outside of the Philippines' he ma" present his claim /ithin one (1) "ear after such disabilit" is remo-ed0 ;0 .emedies of aggrie-ed parties after e3traBjudicial settlement of estate (a) he creditor ma" as+ for administration of enough propert" of the estate sufficient to pa" the debt' but the heirs cannot pre-ent such administration b" pa"ing the obligation>1= (b) 2here the estate has been summaril" settled' the unpaid creditor ma"' /ithin the t/oB"ear period' file a motion in the court /herein such summar" settlement /as had for the pa"ment of his credit0 19 After the lapse
1: 17

Sec0 1 his is jurisdictional (Del Rosario vs. Conanan' DB47954' March 45' 1977)0 1= McMicking vs. Sy Conbieng' 11 Phil0 111 19 )3ception: %f on the date of the e3piration of the t/oB"ear period' the creditor or heir is B a) A minor or incapacitated' or b) %n prison or c) @utside the Philippines' he ma" present his claim /ithin one (1) "ear after such disabilit" is remo-ed0 (Sec0 ;' .ule 7;) he 1B"ear lien upon the real propert" distributed b" e3trajudicial or summar" settlement shall be annotated on the title issued to the distributees and after 1 "ears /ill be cancelled b" the register of deeds /ithout need of court order (D.C Circular 164)

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of the t/oB"ear period' an ordinar" action ma" be instituted against the distributees /ithin the statute of limitations' but not against the bond0 (c) he action to annul a deed of e3trajudicial settlement on the ground of fraud should be filed /ithin four (6) "ears from the disco-er" of the fraud045 C. Production and Probate of Will41 10 Nature of probate proceeding
(a) In rem041 (b) Mandator"044 (c) %mprescriptible046

(d) he doctrine of estoppel does not appl"04; 10 2ho ma" petition for probate> persons entitled to notice he follo/ing ma" petition for probate:
(a) an" creditor B as preparator" step for filing of his claim therein>4:

(b)de-isee or legatee named in the /ill>

(c) person interested in the /ill>47

Such lien cannot be discharged nor the annotation be cancelled /ithin the 1 "ear period e-en if the distributees offer to post a bond to ans/er for contingent claims from /hich lien is established0 (Rebong vs. Ibanez' 79 Phil 416) 45 Gerona vs. De Guzman' DB195:5' Ma" 19' 19:6 41 .ules 7;B7: 41 binding on the /hole /orld 44 No /ill shall pass either real or personal propert" unless pro-ed and allo/ed in the proper court0 #o/e-er' it has been held in one case that a /ill ma" be sustained on the basis of Article 15=5 of the Ci-il Code /hich reads as follo/s: E%f the testator should ma+e a partition of his properties b" an act inter vivos' or b" /ill' such partition shall stand in so far as it does not prejudice the legitime of the forced heir0F (Mang !y vs. C"' 166 SC.A 44)0 46 because of the public polic" to obe" the /ill of the testator and the state could not ha-e intended to defeat the same b" appl"ing thereto the statute of limitation of actions (Guevara vs. Guevara' 76 Phil0 679) 4; presentation and probate of /ill is re?uired b" public polic" and in-ol-es public interest0 (#ernan$ez vs. Dimagiba) 4: .egalado' p01: 47 i0e0' heirs

Page |7 (d) testator himself 8 during his lifetime the possession of the /ill is not

necessar"04= Notice shall be sent to (a) &esignated or other +no/n heirs' legatees' and de-isees of testator>
(b) Person named as e3ecutor or coBe3ecutor' 49 if their places of

residence be +no/n> or (c) Compulsor" heirs of testatot65 D. Allowance or Disallowance of Will 10 Contents of petition for allo/ance of /ill (a) he jurisdictional facts>61

(b) he names' ages' and residences of the heirs' legatees' and de-isees of the testator or decedent> (c) he probable -alue and character of the propert" of the estate> (d) he name of the person for /hom letters are pra"ed> (e) %f the /ill has not been deli-ered to the court' the name of the person ha-ing custod" of it0 61 10 (rounds for disallo/ing a /ill (a) %f not e3ecuted and attested as re?uired b" la/> (b) %f the testator /as insane' or other/ise mentall" incapable to ma+e a /ill' at the time of its e3ecution> (c) %f it /as e3ecuted under duress' or the influence of fear' or threats>

4= 49

Sec0 1' .ule 7: if he be not petitioner 65 %f testator as+s for the allo/ance of his o/n /ill (Sec0 6) 61 death of the testator and his residence at the time of death or the pro-ince /here estate /as left b" the decedent /ho is a nonBresident 61 Sec0 1 Cut no defect in the petition shall render -oid the allo/ance of the /ill' or the issuance of letters testamentar" or of administration /ith the /ill anne3ed (ibid0)

Page |=

(d) %f it /as procured b" undue and improper pressure and influence' on the part of the beneficiar"' or of some other person for his benefit> (e) %f the signature of the testator /as procured b" fraud or tric+' and he did not intend that the instrument should be his /ill at the time of fi3ing his signature thereto064 40 .eprobate> .e?uisites before /ill pro-ed outside allo/ed in the Philippines> effects of probate66 A /ill allo/ed or probated in a foreign countr"' must be reBprobated in the Philippines0 %f the decedent o/ns properties in different countries' separate administration proceedings must be had in said countries0 .e?uisites: 10 !oreign court must ha-e jurisdiction o-er the proceeding> 10 &omicile of testator<decedent in the foreign countr" and not in the Philippines> 40 he /ill has been admitted to probate in such countr"> 60 %t /as made /ith the formalities prescribed b" the la/ of the place in /hich the decedent resides' or according to the formalities obser-ed in his countr"' or in conformit" /ith the formalities prescribed b" our Ci-il Code> and ;0 &ue e3ecution of the /ill in accordance /ith the foreign la/s06; )ffects of Probate:

64

Sec0 9 (rounds under Art0 =49' Ci-il Code: (a) %f the formalities re?uired b" la/ ha-e not been complied /ith> (b) %f the testator /as insane' or other/ise mentall" incapable of ma+ing a /ill' at the time of its e3ecution> (c) %f it /as e3ecuted through force or duress' or the influence of fear' or threats> (d) %f it /as procured b" undue and improper pressure and influence' on the part of the beneficiar" or of some other person> (e) %f the signature of the testator /as procured b" fraud> (f) %f the testator acted b" mista+e or did not intend that the instrument he signed should be his /ill at the time of affi3ing his signature thereto0 66 .ule 77 6; .egalado

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10 he /ill shall ha-e the same effect as if originall" pro-ed and allo/ed in court of the Philippines0 10 Detters testamentar" or administration /ith a /ill anne3ed shall e3tend to all estates of the Philippines0 40 .esidue of estate after pa"ment of debts' etc0 shall be disposed of as pro-ided b" la/ in cases of estates in Philippines belonging to persons /ho are inhabitants of another state or countr"0 E. Letters Testamentary and of Administration6: Detters testamentar" is the appointment issued b" a probate court' after the /ill has been admitted to probate' to the e3ecutor named in the /ill to administer the estate of the deceased testator' pro-ided the e3ecutor named in the /ill is competent' accepts the trust and gi-es a bond067 Detters of administration is the authorit" issued b" the court to a competent person to administer the estate of the deceased /ho died intestate0 10 2hen and o /hom letters of administration granted %f no e3ecutor is named in the /ill' or the e3ecutor or e3ecutors are incompetent' refuse the trust' or fail to gi-e bond' or a person dies intestate' administration shall be granted to: (a) Sur-i-ing spouse' or ne3t of +in' or both' or person as such sur-i-ing spouse' or ne3t of +in' re?uests' if competent and /illing to ser-e> (b) @ne or more of the principal creditors 8 if such sur-i-ing spouse' or ne3t of +in' or the person selected' be incompetent or un/illing' or if the" neglect for thirt" (45) da"s after the death of the decedent to appl" for administration or to re?uest that administration be granted to some other person' it ma" be granted to such other person' if competent and /illing to ser-e0 (c) Such other person as the court ma" select0 6= 10 @rder of preference69

6: 67 6= 69

.ule 7= Sec0 6 Sec0 : See 10 abo-e

P a g e | 15

40

@pposition to issuance of letters testamentar"> simultaneous filing of petition for administration

An" person interested in a /ill ma" state in /riting the grounds /h" letters testamentar" should not issue to the persons named therein e3ecutors' or an" of them' and the court' after hearing upon notice' shall pass upon the sufficienc" of such grounds0 A petition ma"' at the same time' be filed for letters of administration /ith the /ill anne3ed0;5 60 Po/ers and duties of )3ecutors and Administrators> restrictions on the po/ers;1 he e3ecutor or administrator;1 of the estate of a deceased partner shall at all times ha-e access to' and ma" e3amine and ta+e copies of' boo+s and papers relating to the partnership business' and ma" e3amine and ma+e in-oices of the propert" belonging to such partnership> and the sur-i-ing partner or partners' on re?uest' shall e3hibit to him all such boo+s' papers' and propert" in their hands or control0 @n the /ritten application of such e3ecutor or administrator' the court ha-ing jurisdiction of the estate ma" order an" such sur-i-ing partner or partners to freel" permit the e3ercise of the rights' and to e3hibit the boo+s' papers' and propert" and ma" punish an" partner failing to do so for contempt0;4 An e3ecutor or administrator shall maintain in tenantable repair the houses and other structures and fences belonging to the estate' and deli-er the same in such repair to the heirs or de-isees /hen directed so to do b" the court0;6 )3ecutor or administrator to retain /hole estate to pa" debts' and to administer estate not /illed0 An e3ecutor or administrator shall ha-e the right to the possession and management of the real as /ell as the personal estate of the deceased so long as it is necessar" for the pa"ment of the debts and the e3penses of administration0;;
;5 ;1

Sec0 1' .ule 79 .ule =6 ;1 An e3ecutor is the person nominated b" a testator to carr" out the directions and re?uests in his /ill and to dispose of his propert" according to his testamentar" pro-isions after his death (11 Am0 ,ur0 4:9) An administrator is a person appointed b" the court' in accordance /ith the go-erning statute' to administer and settle intestate estate and such testate estate as no competent e3ecutor /as designated b" the testator0 ;4 Sec0 1 ;6 Sec0 1 ;; Sec0 4 An administrator of an intestate cannot e3ercise the right of legal redemption o-er a portion of the propert" o/ned in common sold b" one of the other coBo/ners since this is not /ithin the po/ers of administration (Caro vs. C"' 114 SC.A 15)

P a g e | 11

;0 Appointment of Special Administrator %f there is 10 &ela" in granting of letters of administration' including appeal in probate of the /ill> or 10 )3ecutor is a claimant of the estate he represents0;: :0 (rounds for remo-al of administrator %f the administrator (a) neglect to render accounts>;7 (b) neglect to settle estate according to these rules> (c) neglect to perform an order or judgment of the court or a dut" e3pressl" pro-ided b" these rules> (d) absconding> or (e) insanit" or incapabilit" or unsuitabilit" to discharge the trust0;= . Claims A!ainst t"e Estate Administration is for the purpose of li?uidation of the estate and distribution of the residue among the heirs and legatees0 Di?uidation means the determination of all the assets of the estate and pa"ment of all debts and e3penses0 he purpose of presentation of claims against decedents of the estate in the probate court is to protect the estate of deceased persons0 hat /a"'

2here the estate of a deceased person is alread" the subject of a testate or intestate proceeding' the administrator cannot enter into an" transaction in-ol-ing it /ithout an" prior appro-al of the Court0 (%state o& !lave vs. Reyes' 114 SC.A 7:7)0 he right of an e3ecutor or administrator to the possession and management of the real and personal properties of the deceased is not absolute and can onl" be e3ercised so long as it is necessar" for the pa"ment of the debts and e3penses of administration ( Mana'uil vs. (illegas' 1=9 SC.A 44;)0 ;: in this second instance' the administrator shall ha-e the same po/ers as that of a general administrator0 ;7 /ithin one (1) "ear or /hen the court directs ;= Sec0 1 hese grounds are e3clusi-e0

P a g e | 11

the e3ecutor or administrator /ill be able to e3amine each claim and determine /hether it is a proper one /hich should be allo/ed0;9 10 ime /ithin /hich claims shall be filed> e3ceptions Claims shall be filed not more than t/el-e (11) nor less than si3 (:) months after the date of the first publication of the notice> other/ise' the" are barred fore-er0:5 #o/e-er' at an" time before an order of distribution is entered' on application of a creditor /ho has failed to file his claim /ithin the time pre-iousl" limited' the court ma":1 allo/ such claim to be filed /ithin a time not e3ceeding one (1) month0:1 10 Statute of NonBclaims he rule re?uires certain creditors of a deceased person to present their claims for e3amination and allo/ance /ithin a specified period' the purpose thereof being to settle the estate /ith dispatch' so that the residue ma" be deli-ered to the persons entitled thereto /ithout their being after/ards called upon to respond in actions for claims' /hich' under the ordinar" statute of limitations' ha-e not "et prescribed0:4 40 Claim of )3ecutor or administrator against the )state %f the e3ecutor or administrator has a claim against the estate he represents' he shall gi-e notice thereof' in /riting' to the court' and the court shall appoint a special administrator' /ho shall' in the adjustment of such claim' ha-e the same po/er and be subject to the same liabilit" as the general administrator or e3ecutor in the settlement of other claims0 he

;9

!urther' the primar" object of the pro-isions re?uiring presentation is to apprise the administrator and the probate court of the e3istence of the claim so that a proper and timel" arrangement ma" be made for its pa"ment in full or b" pro rata portion in the due course of the administration' inasmuch as upon the death of a person' his entire estate is burdened /ith the pa"ment of all his debts and no creditor shall enjo" an" preference or priorit"> all of them shall share pro rata in the li?uidation of the estate of the deceased0 :5 Sec0 ; Claims referred to under section refer to claims for the reco-er" of mone" and /hich are not secured b" a lien against the propert" of the estate0 (!lave vs. Carlos' 15= Phil :7=)0 :1 for cause sho/n and on such terms as are e?uitable :1 Sec0 1 Celated Claims are claims not filed /ithin the original period fi3ed b" the court0 :4 Santos vs. Manarang' 17 Phil0 114 Statute of NonBClaims supersedes the Statute of Dimitations insofar as the debts of deceased persons are concerned0 #o/e-er' both statute of NonBClaims and Statute of Dimitations must concur in order for a creditor to collect0

P a g e | 14

court ma" order the e3ecutor or administrator to pa" to the special administrator necessar" funds to defend such claim0:6 60 Pa"ment of &ebts:; %f there are sufficient properties' the debts shall be paid' thus: (a) All debts shall be paid in full /ithin the time limited for the purpose>:: (b) %f the testator ma+es pro-ision b" his /ill' or designates the estate to be appropriated for the pa"ment of debts the" shall be paid according to the pro-isions of the /ill' /hich must be respected>:7 (c) %f the estate designated in the /ill is not sufficient' such part of the estate as is not disposed of b" /ill shall be appropriated for the purpose>:= (d) he personal estate not disposed of b" /ill shall be first chargeable /ith pa"ment of debts and e3penses> (e) %f the personal estate is not sufficient' or its sale /ould be detrimental to the participants of the estate' the real estate not disposed of b" /ill shall be sold or encumbered for that purpose>:9 (f) An" deficienc" shall be met b" contributions from de-isees' legatees and heirs /ho ha-e entered into possession of portions of the estate before debts and e3penses ha-e been paid>75 (g) he e3ecutor or administrator shall retain sufficient estate to pa" contingent claims /hen the same becomes absolute071 %f the estate is insol-ent' the debts shall be paid in the follo/ing manner: (a) he e3ecutor or administrator shall pa" the debts in accordance /ith the preference of credits established b" the Ci-il Code>71

:6
:; :: :7 := :9 75 71 71

Sec0 = .ule == Sec0 1 Sec0 1 ibid0 Sec0 4 Sec0 : Sec0 6 Sec0 7

P a g e | 16

(b) No creditor of an" one class shall recei-e an" pa"ment until those of the preceding class are paid>74 (c) %f there are no assets sufficient to pa" the credits of an" one class of creditors' each creditor /ithin such class shall be paid a di-idend in proportion to his claim>76 (d) 2here the deceased /as a nonBresident' his estate in the Philippines shall be disposed of in such a /a" that creditors in the Philippines and else/here ma" recei-e an e?ual share in proportion to their respecti-e credits>7; (e) Claims dul" pro-ed against the estate of an insol-ent resident of the Philippines' the e3ecutor or administrator' ha-ing had the opportunit" to contest such claims' shall be included in the certified list of claims pro-ed against the deceased0 he o/ner of such claims shall be entitled to a just distribution of the estate in accordance /ith the preceding rules if the propert" of such deceased person in another countr" is li+e/ise e?uall" apportioned to the creditors residing in the Philippines and other creditors' according to their respecti-e claims>7: (f) he pa"ments of debts of the decedent shall be made pursuant to the order of the probate court077 @n granting letters testamentar" or administration' the court shall allo/ to the e3ecutor or administrator a time for disposing of the estate and pa"ing the debts and legacies of the deceased' /hich shall not e3ceed one (1) "ear> but the court ma" e3tend the time as the circumstances of the estate re?uire not e3ceeding si3 (:) months for a single e3tension nor so that the /hole period allo/ed to the original e3ecutor or administrator shall e3ceed t/o (1) "ears07= #. Actions by and a!ainst E$ecutors and Administrators 10 Actions that ma" be brought against e3ecutors and administrators Actions to

74 76 7; 7: 77 7=

Sec0 = %bid0 Sec0 9 Sec0 15 Sec0 11 Sec0 1;

P a g e | 1;

(a) reco-er real or personal propert" 79 from the estate' or to enforce a lien thereon' or (b) reco-er damages for an injur" to person or propert"' real or personal0=5 10 .e?uisites before creditor ma" bring an action for reco-er" of propert" fraudulentl" con-e"ed b" the deceased (a) here is a deficienc" of assets in the hands of an e3ecutor or administrator for the pa"ment of debts and e3penses of administration> (b) he deceased in his lifetime had made or attempted to ma+e a fraudulent con-e"ance of his real or personal propert"' or a right or interest therein' or a debt or credit' /ith intent to defraud his creditors or to a-oid an" right' debt or dut"> or had so con-e"ed such propert"' right' debt' or credit that b" la/ the con-e"ance /ould be -oid as against his creditors> (c) he subject of the attempted con-e"ance /ould be liable to attachment b" an" of them in his lifetime> (d) he e3ecutor or administrator has sho/n to ha-e no desire to file the action or failed to institute the same /ithin a reasonable time>

79 =5

or an interest therein 2hene-er a part" to a pending action dies' and the claim is not thereb" e3tinguished' it shall be the dut" of his counsel to inform the court /ithin thirt" (45) da"s after such death of the fact thereof' and to gi-e the name and address of his legal representati-e or representati-es0 !ailure of counsel to compl" /ith this dut" shall be a ground for disciplinar" action0 he heirs of the deceased ma" be allo/ed to be substituted for the deceased' /ithout re?uiring the appointment of an e3ecutor or administrator and the court ma" appoint a guardian a$ litem for the minor heirs0 he court shall forth/ith order said legal representati-e or representati-es to appear and be substituted /ithin a period of thirt" (45) da"s from notice0 %f no legal representati-e is named b" the counsel for the deceased part"' or if the one so named shall fail to appear /ithin the specified period' the court ma" order the opposing part"' /ithin a specified time' to procure the appointment of an e3ecutor or administrator for the estate of the deceased and the latter shall immediatel" appear for and on behalf of the deceased0 he court charges in procuring such appointment' if defra"ed b" the opposing part"' ma" be reco-ered as costs (Sec0 1:) 2hen the action is for reco-er" of mone" arising from contract' e3press or implied' and the defendant dies before entr" of final judgment in the court in /hich the action /as pending at the time of such death' it shall not be dismissed but shall instead be allo/ed to continue until entr" of final judgment0 A fa-orable judgment obtained b" the plaintiff therein shall be enforced in the manner especiall" pro-ided in these .ules for prosecuting claims against the estate of a deceased person (Sec0 15)

P a g e | 1:

(e) Dea-e is granted b" the court to the creditor to file the action> (f) A bond is filed b" the creditor as prescribed in the .ules> (g) he action b" the creditor is in the name of the e3ecutor or administrator0=1 %. Distribution and Partition=1 Cefore there could be a distribution of the estate' the follo/ing t/o stages must be follo/ed: (a) Pa"ment of obligations =4 8 under the .ules' the distribution of a decedentGs assets ma" onl" be ordered under an" of the follo/ing three circumstances: (1) /hen the inheritance ta3' among others' is paid> (1) /hen a sufficient bond is gi-en to meet the pa"ment of the inheritance ta3 and all other obligations> and (4) /hen the pa"ment of the said ta3 and all other obligations has been pro-ided for> and (b) &eclaration of heirs 8 there must first be declaration of heirs to determine to /hom the residue of the estate should be distributed0 A separate action for the declaration of heirs is not proper0 And li+e/ise after' not before' the declaration of heirs is made ma" the residue be distributed and deli-ered to the heirs0=6 10 Di?uidation he determination of all assets of the estate and pa"ment of all debts and e3penses0 he order of distribution shall be made after pa"ments of all debts' funeral e3penses' e3penses for administration' allo/ance of /ido/ and inheritance ta3 is effected0 %n these proceedings' the court shall:
=1 =1

Sec0 15 .ule 95 =4 li?uidation of estate =6 he settlement of a decedentAs estate is a proceeding in rem /hich is binding against the /hole /orld0 All persons ha-ing interest in the subject matter in-ol-ed' /hether the" /ere notified or not' are e?uall" bound0

P a g e | 17

10 collate> 10 determine heirs> and 40 determine the share of each heir0 A separate action for the declaration of heirs is not necessar"0 10 Project of Partition A document prepared b" the e3ecutor or administrator setting forth the manner in /hich the estate of the deceased is to be distributed among the heirs0 %f the estate is a testate estate' the project of partition must conform to the terms of the /ill> if intestate' the project of partition must be in accordance /ith the pro-isions of the Ci-il Code0=; 40 .emed" of an heir entitled to residue but not gi-en his share (a) &emand his share through a proper motion in the same probate or administration proceedings' or (b) .eopening of the probate or administrati-e proceedings if it had alread" been closed0 =: %f there is a contro-ers" before the court as to /ho are the la/ful heirs of the deceased person or as to the distributi-e shares to /hich each person is entitled under the la/' the contro-ers" shall be heard and decided as in ordinar" cases0=7 60 %nstances /hen probate court ma" issue /rit of e3ecution (a) o satisf" the contributi-e shares of de-isees' legatees and heirs in possession of the decedentAs assets>==
=; =:

Camia $e Reyes vs. Reyes $e Ilano' :4 Phil0 :19 Ramos vs. !ctuzar' =9 Phil0 745 %t has been held that an order /hich determines the distributi-e share of the heirs of a deceased person is appealable0 %f not appealed /ithin the reglementar" period' it becomes final (Imperial vs. Mu)oz' ;= SC.A) he Court allo/ed the continuation of a separate action to annul the project of partition b" a preterited heir' since the estate proceedings ha-e been closed and terminated for o-er three (4) "ears (Guilas vs. *u$ge o& t+e C#I o& ,ampanga ' 64 SC.A 117) and on the ground of lesion' preterition and fraud (Solivio vs. C"' 99 Phil0 15:9) =7 Sec0 1 == Sec0 :' .ule ==

P a g e | 1=

(b) (c)

o enforce pa"ment of e3penses of partition>=9 and o satisf" the costs /hen a person is cited for e3amination in

probate proceedings095

&. Trustees91 rust is the right to the beneficial enjo"ment of propert"' the legal title to /hich is -ested in another0 %t is a fiduciar" relationship that obliges the trustee to deal /ith the propert" for the benefit of the beneficiar"0 rust relations bet/een parties ma" either be e3press or implied091 10 &istinguished from e3ecutor<administrator rustee An instrument or agent of the cestui 'ue trust' /ho ac?uires no beneficial interest in the estate> he merel" too+ the legal estate onl" as the proper e3ecution of the trust re?uired> and' his estate ceases upon the fulfillment of the testatorAs /ishes' in /hich case' the same -est absolutel" in the beneficiar"0 )3ecutor < Administrator An e3ecutor is the person named in the /ill to administer the decedentAs estate and carr" out the pro-isions thereof0 An administrator is the person appointed b" the court to administer the estate /here the decedent died intestate' or /here the /ill /as -oid and not allo/ed to probate' or /here no e3ecutor /as named in the /ill' or the e3ecutor named therein is incompetent or refuses to ser-e as such0

=9 95 91

91

Sec0 4' .ule 95 Sec0 14' .ule 141 .ule 9= .e?uisites for e3istence of a -alid trust: (a) )3istence of a person competent to create> (b) Sufficient /ords to create it> (c) A person capable of holding as trustee a specified or ascertainable object> (d) A definite trust res> and (e) A declaration of the terms of the trust Secuya vs. De Selma' (0.0 14:511 !ebruar" 11' 1555

P a g e | 19

An association or corporation authori$ed to conduct the business of a trust compan" in the Philippines ma" be appointed as trustee of an estate in the same manner as an indi-idual094

An association or corporation authori$ed to conduct the business of a trust compan" in the Philippines ma" be appointed as trustee of an estate in the same manner as an indi-idual096

&uties are usuall" go-erned b" &uties are fi3ed and<or limited b" the intention of the trustor or the la/09; parties if established b" a contract0 &uties ma" co-er a /ider range0 (rounds for remo-al: (a) %nsanit"> (rounds for remo-al:

(a) Neglect to render an account and settle the estate according to (b) %ncapabilit" of discharging la/> trust or e-identl" unsuitable therefor>9: (b) Neglect to perform an order or judgment of the court> (c) Neglect in the performance of his duties> (c) Neglect to perform a dut" e3pressl" pro-ided b" these rules> (d) Creach of trust displa"ing a /ant of fidelit"' not mere error in (d) Absconds' or becomes insane' the administration of the trust> or (e) Abuse and abandonment of (e) other/ise incapable the trust> unsuitable to discharge trust> (f) .efusal to recogni$e or (f) !raud or misrepresentation097 administer the trust> (g) !ailure or neglect or impropriet" in in-estment of the trust estate as to gi-e rise to /aste of trust propert">
94 96 9; 9: 97

or

Art0 15:5' CC %bid0 .ule =6 Sec0 =' .ule 9= Cobarrubias vs. Dizon' 7: Phil0 159

P a g e | 15

(h) !ailure to file accounts' and failure of one coB trustee to +eep himself informed of the conduct of the other in the administration of the trust' other/ise incapable or unsuitable to discharge trust0

10 Conditions of the Cond (a) hat the trustee /ill ma+e and return to the court' at such time as it ma" order' a true in-entor" of all the real and personal estate belonging to him as trustee' /hich at the time of the ma+ing of such in-entor" shall ha-e come to his possession or +no/ledge> (b) hat he /ill manage and dispose of all such estate' and faithfull" discharge his trust in relation thereto' according to la/ and the /ill of the testator or the pro-isions of the instrument or order under /hich he is appointed> (c) hat he /ill render upon oath at least once a "ear until his trust is fulfilled' unless he is e3cused therefrom in an" "ear b" the court' a true account of the propert" in his hands and of the management and disposition thereof' and /ill render such other accounts as the court ma" order> (d) hat at the e3piration of his trust' he /ill settle his accounts in court and pa" o-er and deli-er all the estate remaining in his hands' or due from him on such settlement' to the person or persons entitled thereto0 2hen the trustee is appointed as a successor to a prior trustee' the court ma" dispense /ith the ma+ing and return of an in-entor"' if one has alread" been filed' and in such case the condition of the bond shall be deemed to be altered accordingl"09=
9=

Sec0 : A trustee appointed b" the court is re?uired to furnish a bond and the terms of the trust or a statute ma" pro-ide that a trustee appointed b" a court shall be re?uired to furnish a bond in order to ?ualif" him to administer the trust (;6 Am0 ,ur0 61;)

P a g e | 11

40 .e?uisites for the remo-al and resignation of a trustee A trustee ma" be remo-ed upon petition to the proper . C of the parties beneficiall" interested' after due notice to the trustee and hearing' if it appears essential in the interests of the petitioners0 he court ma" also' after due notice to all persons interested' remo-e a trustee /ho is insane or other/ise incapable of discharging his trust or e-identl" unsuitable therefor0 A trustee' /hether appointed b" the court or under a /ritten instrument' ma" resign his trust if it appears to the court proper to allo/ such resignation099 A trustee /hose acts or omissions are such as to sho/ a /ant of reasonable fidelit" /ill be remo-ed b" the court and /here trust funds are to be in-ested b" the trustee' neglect to in-est constitutes of itself a breach of trust' and is a ground for remo-al0155 60 (rounds for remo-al and resignation of a trustee151 ;0 )3tent of authorit" of trustee A trustee appointed b" the . C shall ha-e the same rights' po/ers' and duties as if he had been appointed b" the testator0151 Such ne/ trustee shall ha-e and e3ercise the same po/ers' rights' and duties as if he had been originall" appointed' and the trust estate shall -est in him in li+e manner as it had -ested or /ould ha-e -ested' in the trustee in /hose place he is substituted> and the court ma" order such con-e"ance to be made b" the former trustee or his representati-es' or b" the other remaining trustees' as ma" be necessar" or proper to -est the trust estate in the ne/ trustee' either alone or jointl" /ith the others0154 '. Esc"eat
156

#o/e-er' the court ma"' until further orders' e3empt a trustee under a /ill from gi-ing a bond /hen the testator has directed or re?uested such e3emption or /hen all persons beneficiall" interested in the trust' being of full age' re?uest the e3emption0 Such e3emption ma" be cancelled b" the court at an" time' and the trustee re?uired to forth/ith file a bond (Sec0 ;) %f the trustee fails to furnish a bond as re?uired b" the court' he fails to ?ualif" as such0 Nonetheless the trust is not defeated b" such a failure to gi-e bond0 99 Sec0 = 155 Gisborn vs. Caven$e' 116 HS 6:6 151 See 40 .e?uisites' abo-e' and table 151 No person succeeding to a trust as e3ecutor or administrator of a former trustee shall be re?uired to accept such trust (Sec0 1) 154 Sec0 4 156 .ule 91

P a g e | 11

A proceeding /hereb" the real and personal propert" of a deceased person in the Philippines' become the propert" of the state upon his death' /ithout lea-ing an" /ill or legal heirs0 10 2hen to file 2hen a person dies intestate' sei$ed of real or personal propert" in Philippines' lea-ing no heir or person b" la/ entitled to the same' Solicitor (eneral or his representati-e in behalf of the .epublic of Philippines' ma" file a petition in the . C of the pro-ince /here deceased last resided or in /hich he had estate' if he resided out of Philippines' setting forth the facts' and pra"ing that the estate of deceased be declared escheated015; 10 .e?uisites for filing of petition (a) A person died intestate> (b) #e left no heirs or person b" la/ entitled to the same> and (c) he deceased left properties015: 40 .emed" of respondent against petition> period for filing a claim 2hen a petition for escheat does not state facts /hich entitle the petitioner to the remed" pra"ed for' and e-en admitting them h"potheticall"' it is clear that there is no ground for the court to proceed to the in?uisition pro-ided b" la/' an interested part" should not be disallo/ed from filing a motion to dismiss the petition /hich is untenable from all standpoints0 And /hen the motion to dismiss is entertained upon this ground' the petition ma" be dismissed unconditionall" and the petitioner is not entitled to be afforded an opportunit" to amend his petition0157 2hile the .ules do not in fact authori$e the filing of a motion to dismiss the petition presented for that purpose' and the .ules permitting the interposition of a motion to dismiss to the complaint and ans/er' respecti-el"' are not applicable to special proceedings' ne-ertheless' there is no reason of a procedural nature /hich pre-ents the filing of a motion to dismiss based upon an" of the grounds pro-ided for b" la/ for a motion to dismiss the complaint0 %n such a case' the motion to dismiss pla"s the role of a demurrer and the court should resol-e the legal ?uestions raised therein0 15=
15; 15: 157 15=

the the the the the the

Sec01 City o& Manila vs. "rc+bis+op o& Manila' 4: Phil0 =1; Go ,oco Grocery vs. ,aci&ic Biscuit Co0' :; Phil0 664 Municipal Council o& San ,e$ro- .augna vs. Colegio $e San *ose ' :; Phil0 41=

P a g e | 14

(. #uardians"i)159 he fiduciar" relationship bet/een a guardian and a /ard or other incapacitated person' /hereb" the guardian assumes the po/er to ma+e decisions about the /ardGs person or propert"0115 10 (eneral po/ers and duties of guardians111 (a) o ha-e care and custod" o-er the person of his /ard' and<or the management of his estate>111 (b) o pa" the just debts of his /ard out of the latterAs estate>114

(c) o bring or defend suits in behalf of the /ard' and' /ith the appro-al of the court' compound for debts due the /ard and gi-e discharges to the debtor>116
159 115

.ules 91 8 97 Clac+Gs Da/ &ictionar"' 9th )d0 111 .ule 9: 111 A guardian is one /ho has the legal authorit" and dut" to care for anotherGs person or propert" especiall" because of the otherGs infanc"' incapacit" or disabilit"0 (Clac+As Da/ &ictionar"' 9th )d0)0 Iinds of guardians: (a) According to scope or e3tent 1) (uardian of the person 8 one /ho has been la/full" in-ested /ith the care of the person of minor /hose father is dead0 #is authorit" is deri-ed out of that of the parent> 1) (uardian of the propert" 8 that appointed b" the court to ha-e the management of the estate of a minor or incompetent person> 4) (eneral guardians 8 those appointed b" the court to ha-e the care and custod" of the person and of all the propert" of the /ard0 (b) According to constitution 1) Degal 8 those deemed as guardians /ithout need of a court appointment> (Art0 11;' !C) 1) (uardian a$ litem 8 those appointed b" courts of justice to prosecute or defend a minor' insane or person declared to be incompetent' in an action in court> and 4) ,udicial 8 those /ho are appointed b" the court in pursuance to la/' as guardian for insane persons' prodigals' minor heirs or deceased /ar -eterans and other incompetent persons0 Jualifications of guardians> (a) Moral character> (b) Ph"sical' mental and ps"chological condition> (c) !inancial status> (d) .elationship of trust /ith the minor> (e) A-ailabilit" to e3ercise the po/ers and duties of a guardian for the full period of the guardianship> (f) Dac+ of conflict of interest /ith the minor> and (g) Abilit" to manage the propert" of the minor0 (Sec0 1) %bid0 114 Sec0 1 116 Sec0 4

P a g e | 16

(d) o manage the estate frugall" and /ithout /aste' and appl" the income and profits to the comfortable and suitable maintenance of the /ard and his famil">11; (e) o sell or encumber the real estate of the /ard upon being

authori$ed to do so>11: (f) o join in and assent to a partition of real or personal estate held b" the /ard jointl" or in common /ith others0117 10 Conditions of the bond of the guardian (a) o file /ith the court complete in-entor" of the estate of the /ard /ithin three (4) months> (b) o faithfull" e3ecute the duties of his trust to manage and dispose of the estate according to the .ules for the best interests of the /ard' and to pro-ide for the proper use' custod"' and education of the /ard> (c) o render a true account of all the estate' and of the management and disposition of the same> (d) o settle his accounts /ith the court and deli-er o-er all the estate remaining in his hands to the person entitled thereto> (e) o perform all orders of the court b" him to be performed0 11= 40 .ule on (uardianship o-er minor119 he father and mother shall jointl" e3ercise legal guardianship o-er the person and propert" of their unemancipated common child /ithout the necessit" of a court appointment0 he .ule shall be suppletor" to the pro-isions of the !amil" Code on guardianship0 @n grounds authori$ed b" la/' an" relati-e or other person on behalf of a minor' or the minor himself if fourteen (16) "ears of age or o-er' ma" petition the !amil" Court for the appointment of a general guardian o-er the person or propert"' or both' of such minor0115
11; 11:

Sec0 6 %bid0 117 Sec0 ; 11= Sec0 1> Sec0 16' AM 54B51B5;BSC 119 AM 54B51B5;BSC 115 (rounds of petition: (a) &eath' continued absence' or incapacit" of his parents> (b) Suspension' depri-ation or termination of parental authorit">

P a g e | 1;

he petition ma" also be filed b" the Secretar" of &S2& and of the &@# in the case of an insane minor /ho needs to be hospitali$ed0111 @rder of preference in the appointment of guardian or the person and<or propert" of minor:111 (a) he sur-i-ing grandparent and in case se-eral grandparents sur-i-e' the court shall select an" of them ta+ing into account all rele-ant considerations> (b) he oldest brother or sister of the minor o-er 11 "ears of age' unless unfit or dis?ualified> (c) he actual custodian of the minor o-er 11 "ears of age' unless unfit or dis?ualified> and (d) An" other person' /ho' in the sound discretion of the court' /ould ser-e the best interests of the minor0 !actors to consider in determining custod": (a) An" e3trajudicial agreement /hich the parties ma" ha-e bound themsel-es to compl" /ith respecting the rights of the minor to maintain direct contact /ith the nonBcustodial parent on a regular basis' e3cept /hen there is an e3isting threat or danger of ph"sical' mental' se3ual or emotional -iolence /hich endangers the safet" and best interests of the minor> (b) he desire and abilit" of one parent to foster an open and lo-ing relationship bet/een the minor and the other parent> (c) he health' safet" and /elfare of the minor>

(d) An" histor" of child or spousal abuse b" the person see+ing custod" or /ho has had an" filial relationship /ith the minor' including an"one courting the parent> (e) he nature and fre?uenc" of contact /ith both parents>

(f) #abitual use of alcohol' dangerous drugs or regulated substances> (g) Marital misconduct>
(c) .emarriage of his sur-i-ing parent' if the latter is found unsuitable to e3ercise parental authorit"> or (d) 2hen the best interest of the minor so re?uire0 (Sec0 6) 111 Sec0 1 111 Sec0 :

P a g e | 1:

(h) he most suitable ph"sical' emotional' spiritual' ps"chological and educational en-ironment for the holistic de-elopment and gro/th of the minor> and (i) he preference of the minor o-er 7 "ears of age and of sufficient discernment' unless the parent chosen is unfit0114 he court shall order a social /or+er to conduct a case stud" of the minor and all the prospecti-e guardians and submit his report and recommendation to the court for its guidance before the scheduled hearing0 L. Ado)tion116 A juridical act /hich creates bet/een t/o persons a relationship similar to that /hich results from legitimate paternit"11;and filiation0 Adoption is not an ad-ersarial proceeding011: %n adoption' there is no particular defendant to spea+ of since the proceeding in-ol-es the status of a person it being an action in rem0 10 &istinguish adoption &omestic Adoption117 Adoption Applies to domestic adoption of !ilipino children' /here the entire adoption process beginning from the filing of the petition up to the issuance of the adoption decree ta+es place in the Philippines0
11=

domestic

adoption

from

interBcountr"

%nterBCountr" Applies to adoption of a !ilipino child in a foreign countr"' /here the petition for adoption is filed' the super-ised trial custod" is underta+en and the decree of adoption is issued outside of the Philippines0

114

Sec0 16' AM No0 54B56B56BSC .ules 99B155' superseded b" AM 51B:B51BSC 11; ,rasnick vs. Republic' 9= Phil0 ::9 11: An ad-ersarial proceeding is one ha-ing opposing parties' contested' as distinguished from an e/ parte application' one of /hich the part" see+ing relief has gi-en legal /arning to the other part" and afforded the latter an opportunit" to contest it e3cludes an adoption proceeding0 117 (o-erned b" .0A0 =;;1' the &omestic Adoption Act of 199=> procedure go-erned b" AM No0 51B5:B51B SC' Aug0 11' 15510 11= (o-erned b" .A =564' the %nterBCountr" Adoption Act of 199;> procedure go-erned b" the Amended %mplementing .ules and .egulations on %CAA0
116

P a g e | 17

2ho ma" be adopted: A child legall" a-ailable adoption0 .e?uisites: a) Celo/ 1= "ears of age> and b) ,udiciall" declared a-ailable for adoption0119 2ho ma" adopt: A0 !ilipino Citi$ens 1) @f legal age>

2ho ma" be adopted: for @nl" a legall" free child ma" be adopted0 .e?uisites: a) Celo/ 1; "ears of age> and b) #as been -oluntaril" or in-oluntaril" committed to the &S2&0145 2ho ma" adopt: A0 !ilipino Citi$ens

1) Permanent resident of a 1) %n possession of full ci-il foreign countr"> capacit" and legal rights> 4) @f good moral character> 6) #as of an" turpitude> 1) #as the capacit" to act and assume all rights and responsibilities of parental not been con-icted crime in-ol-ing moral authorit" under Philippine la/s>

4) #as undergone the appropriate counseling from an ;) )motionall" and ps"chologicall" capable of caring accredited counselor in countr" of domicile> for children> 6) #as not been con-icted of a :) %n a position to support and care for his<her children in crime in-ol-ing moral turpitude> +eeping /ith the means of the ;) )ligible to adopt under famil"> Philippine la/s> 7) At least 1: "ears older than :) %n a position to pro-ide the the adoptee but this latter proper care and support and to re?uirement ma" be /ai-ed if gi-e the necessar" moral -alues (a) the adopter is the and e3ample to all his children' including the child to be adopted> 119 )3ceptions:
a) Degitimate son<daughter of one spouse b" the other spouse> b) %llegitimate son<daughter b" a ?ualified adopter> c) Person of legal age if' prior to the adoption said person has been consistentl" considered and treated b" the adopter<s as his<her o/n child since minorit"0 145 in accordance /ith P& :54

P a g e | 1=

10 &omestic Adoption Act141 a0 )ffects of adoption (1) ransfer of parental authorit" 8 e3cept in cases /here the biological parent is the spouse of the adopter' the parental authorit" of the biological parents shall terminate and the same shall be -ested in the adopters0141 (1) Degitimac" 8 the adoptee shall be considered the legitimate son<daughter of the adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations pro-ided b" la/ to legitimate sons<daughters born to them /ithout discrimination of an" +ind0144 (4) Successional rights %n legal and intestate succession' the adopter(s) and the adoptee shall ha-e reciprocal rights of succession /ithout distinction from legitimate filiation0146 #o/e-er' if the adoptee and his<her biological parent(s) had left a /ill' the la/ on testamentar" succession shall go-ern014; Art0 1=(4) of the !amil" Code and Sec0 1=' Art0 * of .A =;;1 pro-ide that the adoptee remains an intestate heir of his<her biological parent014: (6) %ssuance of ne/ certificate and first name and surname of adoptee (a) he adoption decree shall state the name b" /hich the child is to be +no/n0147 An amended certificate of birth shall be issued b" the Ci-il .egistr" attesting to the fact that the adoptee is the child of the adopter(s) b" being registered /ith his<her surname>14= (b) he original certificate of birth shall be stamped B cancelled /ith the annotation of the issuance of an amended birth certificate in its place and shall be sealed in the ci-il registr" records0
141 141

.0A0 =;;1> AM 51B5:B51BSC Sec0 1: 144 Sec0 17 146 Sec0 1= 14; Sec0 1= 14: !biter Dictum in %n re: In t+e Matter o& "$option o& Step+anie 0aty "storga Garcia ' 6;6 SC.A ;61 147 Sec0 14 14= Sec0 16

P a g e | 19

he ne/ birth certificate to be issued to the adoptee shall not bear an" notation that it is an amended issue>149 (c) All records' boo+s' and papers relating to the adoption cases in the files of the court' the &S2&' or an" other agenc" or institution participating in the adoption proceedings shall be +ept strictl" confidential and the court ma" order its release under the follo/ing conditions onl": (1) the disclosure of the information to a third person is necessar" for purposes connected /ith or arising out of the adoption> (1) the disclosure /ill be for the best interest of the adoptee> and (4) the court ma" restrict the purposes for /hich it ma" be used0165 b0 %nstances /hen adoption ma" be rescinded (a) .epeated ph"sical and -erbal maltreatment b" the adopter(s) despite ha-ing undergone counseling> (b) Attempt on the life of the adoptee> (c) Se3ual assault or -iolence> or (d) Abandonment and failure to compl" /ith parental obligations0 161 c0 )ffects of rescission of adoption (1) Parental authorit" of the adopteeGs biological parent(s)' if +no/n' or the legal custod" of the &S2& shall be restored if the adoptee is still a minor or incapacitated> (1) .eciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be e3tinguished> (4) Cancellation of the amended certificate of birth of the adoptee and restoration of his<her original birth certificate> and
149 165

%bid0 Sec0 1; 161 Sec0 19 Prescripti-e period: (1) %f incapacitated 8 /ithin fi-e (;) "ears after he reaches the age of majorit"> (1) %f incompetent at the time of the adoption 8 /ithin fi-e (;) "ears after reco-er" from such incompetenc" (Sec0 11' .ule on Adoption)0

P a g e | 45

(6) Succession rights shall re-ert to its status prior to adoption' but onl" as of the date of judgment of judicial rescission0 *ested rights ac?uired prior to judicial rescission shall be respected0161 40 %nterBcountr" Adoption164 .efers to the socioBlegal process of adopting a !ilipino child b" a foreigner or a !ilipino citi$en permanentl" residing abroad /here the petition is filed' the super-ised trial custod" is underta+en' and the decree of adoption is issued in the Philippines0166 a0 /hen allo/ed 2hen the same shall pro-e beneficial to the childAs best interests' and shall ser-e and protect his<her fundamental rights016; %t is allo/ed /hen all the re?uirements and standards set forth under .0A0 =564 are complied /ith0 b0 functions of the . C An application to adopt a !ilipino child shall be filed either /ith the Philippine .egional rial Court ha-ing jurisdiction o-er the child' or /ith the Coard' through an intermediate agenc"' /hether go-ernmental or an authori$ed and accredited agenc"' in the countr" of the prospecti-e adopti-e parents' /hich application shall be in accordance /ith the re?uirements as set forth in the implementing rules and regulations016: c0 Kbest interest of the minorK standard Cest interests of the child means the totalit" of the circumstances and conditions as are most congenial to the sur-i-al' protection' and feelings of securit" of the child and most encouraging to his ph"sical' ps"chological' and emotional de-elopment0 %t also means the least detrimental a-ailable alternati-e for safeguarding the gro/th and de-elopment of the child0167

161 164 166 16; 16: 167

Sec0 15 .0A0 =564 Sec0 4LaM) Sec0 1 Sec0 15 Sec0 6LgM' AM 556B57BSC

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%n case of custod" cases of minor children' the court after hearing and bearing in mind the best interest of the minor' shall a/ard the custod" as /ill be for the minorAs best interests0 *. Writ of Habeas Corpus16= A command directed to the person detaining another' re?uiring him to produce the bod" of the person detained at a designated time and place' and to produce and to sho/ cause and to e3plain the reason for detention0169 he /rit of +abeas corpus shall e3tend to all cases of illegal confinement or detention b" /hich an" person is depri-ed of his libert"' or b" /hich the rightful custod" of an" person is /ithheld from the person entitled thereto01;5 10 Contents of the petition (a) hat the person in /hose behalf the application is made is imprisoned or restrained of his libert"> (b) he officer or name of the person b" /hom he is so imprisoned or restrained> or' if both are un+no/n or uncertain' such officer or person ma" be described b" an assumed appellation' and the person /ho is ser-ed /ith the /rit shall be deemed the person intended> (c) he place /here he is so imprisoned or restrained' if +no/n>

(d) A cop" of the commitment or cause of detention of such person' if it can be procured /ithout impairing the efficienc" of the remed"> or' if the
16=

.ule 151 %t is a /rit /hich has been esteemed to be the best and onl" sufficient defense of personal freedom ha-ing for its object the speed" release b" judicial decree of persons /ho are illegall" restrained of their libert"' or illegall" detained from the control of those /ho are entitled to their custod" (CallentineAs Da/ &ictionar"' 1nd )d0> 0ava vs. Gatmaitan' 95 Phil0 171) he restraint must be actual' effecti-e and material0 he person need not actuall" be confined as long as freedom of action is limited0 ( Moncupa vs. %nrile' (. No0 :1157' Apr0 1:' 19=4) 1;5 Sec0 1 he function of the special proceeding of +abeas corpus is to in?uire into the legalit" of oneAs detention0 %n all petitions for +abeas corpus' the court must in?uire into e-er" phase and aspect of the petitionerAs detention from the moment petitioner /as ta+en into custod" up to the moment the court passes upon the merits of the petition and onl" after such scrutin" can the court satisf" itself that the due process clause of the Constitution has been satisfied0 1abeas corpus ma" not be used as a means of obtaining e-idence on the /hereabouts of a person' or as a means of finding out /ho has specificall" abducted or caused the disappearance of a certain person (Martinez vs. Dir. Gen. Men$oza' (0.0 1;479;' Aug0 17' 155:)
169

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imprisonment or restraint is /ithout an" legal authorit"' such fact shall appear01;1 10 Contents of the .eturn (a) 2hether he has or has not the part" in his custod" or po/er' or under restraint> (b) %f he has the part" in his custod" or po/er' or under restraint' the authorit" and the true and /hole cause thereof' set forth at large' /ith a cop" of the /rit' order' e3ecution' or other process' if an"' upon /hich the part" is held> (c) %f the part" is in his custod" or po/er or is restrained b" him' and is not produced' particularl" the nature and gra-it" of the sic+ness or infirmit" of such part" b" reason of /hich he cannot' /ithout danger' be brought before the court or judge> (d) %f he has had the part" in his custod" or po/er' or under restraint' and has transferred such custod" or restraint to another' particularl" to /hom' at /hat time' for /hat cause' and b" /hat authorit" such transfer /as made01;1 40 &istinguish peremptor" /rit from preliminar" citation Peremptor" /rit Hnconditionall" commands the respondent to ha-e the bod" of the detained person before the court at a time and place therein specified01;4 Preliminar" citation .e?uires the respondent to appear and sho/ cause /h" the peremptor" /rit should not be granted

60 2hen not proper<applicable (a) !or asserting or -indicating denial of right to bail>1;6 (b) !or correcting errors in appreciation of facts or appreciation of la/ 8 /here the trial court had no jurisdiction o-er the cause' o-er the person of the accused' and to impose the penalt" pro-ided for b" la/' the mista+e
1;1 1;1 1;4 1;6

Sec0 4 Sec0 15 .ee 2ick 1on vs. Collector o& Customs' 61 Phil0 ;:4 Galvez vs. C"' 147 SC.A :=;

P a g e | 44

committed b" the trial court' in the appreciation of the facts and<or in the appreciation of the la/ cannot be corrected b" +abeas corpus>1;; (c) @nce a person detained is dul" charged in court' he ma" no longer file a petition for habeas corpus0 #is remed" /ould be to ?uash the information or /arrant01;: ;0 2hen /rit disallo/ed<discharged %f it appears that the person alleged to be restrained of his libert" (a) is in the custod" of an officer under process issued b" a court or judge or b" -irtue of a judgment or order of a court of record' and that the court or judge had jurisdiction to issue the process' render the judgment' or ma+e the order> or (b) if the jurisdiction appears after the /rit is allo/ed' the person shall not be discharged b" reason of an" informalit" or defect in the process' judgment' or order> or (c) if a person is charged /ith or con-icted of an offense in the Philippines' or (d)a person suffering imprisonment under la/ful judgment01;7

:0 &istinguish from /rit of "mparo and 1abeas Data 2rit of 1abeas Corpus 2rit of "mparo Data 2rit of 1abeas

1;; 1;: 1;7

Sotto vs. Director o& ,risons' Ma" 45' 19:1 Ro$riguez vs. *u$ge Boni&acio' No-0 1:' 1555 Sec0 6

P a g e | 46

A remed" a-ailable to an" person' it co-ers cases of illegal confinement or detention b" /hich an" person is depri-ed of his libert"' or b" /hich the rightful custod" of an" person is /ithheld from the person entitled thereto0

A remed" a-ailable to an" person /hose right to life' libert" and securit" is -iolated or threatened /ith -iolation b" an unla/ful act or omission of a public official or emplo"ee' or of a pri-ate indi-idual or entit"0 he /rit co-ers e3trajudicial +illings and enforced disappearances or threats thereof0

2ho ma" file petition: C" the part" for 2ho ma" file (in /hose relief it is order): intended' or b" some person on his behalf0 a) An" member of the immediate famil": spouse' children and parents of the aggrie-ed part"> b) An" ascendant' descendant or collateral relati-e of aggrie-ed part" /ithin the 6th ci-il degree of consanguinit" or affinit"> 2here to file: c) An" concerned citi$en' organi$ation' association or

A remed" a-ailable to an" person /hose right to pri-ac" in life' libert" or securit" is -iolated or threatened b" an unla/ful act or omission of a public official or emplo"ee' or of a pri-ate indi-idual or entit" engaged in the gathering' collecting or storing of data or information regarding the person' famil"' home and correspondence of the aggrie-ed part"0 2ho ma" order): file (in

a) An" member of the immediate famil": spouse' children and parents of the aggrie-ed part"> b) An" ascendant' descendant or collateral relati-e of aggrie-ed part" /ithin the 6th ci-il degree of consanguinit" or affinit"0

P a g e | 4;

. C' enforceable /ithin its area of jurisdiction0 CA or SC' enforceable an"/here in the Philippines0

institution' if +no/n member immediate famil"0 2here to file:

no of 2here to file:

2hen issued: !orth/ith /hen a petition therefor is presented and it appears that the /rit ought to issue0

. C' SC' CASan$iganbayan> 2rit . C' San$iganbayan' is also enforceable CA' SC> 2rit is an"/here in the enforceable an"/here Philippines0 in the Philippines0 %ndigent petitioner is Petitioner is e3empted to pa" e3empted to pa" doc+et and other doc+et and other la/ful fees0 la/ful fees0 2hen issued: 2hen issued: %mmediatel" if on its face it ought to be issued> Ser-ed /ithin 4 da"s from issuance> Summar" hearing set not later than ten (15) /or+ da"s from date of issuance0 of -erified

Contents petition:

of

-erified

a) hat the person in /hose behalf the application is made is imprisoned or restrained of his libert"> Contents of -erified petition: b) he officer or name of the person a) Personal b" /hom he is so circumstances of imprisoned or petitioner and of restrained> or' if both respondent are un+no/n or responsible for the uncertain' such threat' act or officer or person omission> ma" be described b" an assumed b) *iolated or appellation' and the threatened right to

%mmediatel" if on its face it ought to be issued> Ser-ed immediatel"> Summar" hearing set not later than se-en (7) da"s from date of issuance0 Contents petition:

a) Personal circumstances of petitioner and respondent> b) he manner the right to pri-ac" is -iolated or threatened and ho/ it affects the right to life' libert" or securit" of aggrie-ed part">

P a g e | 4:

person /ho is ser-ed /ith the /rit shall be deemed the person intended>

life' libert" and securit" of aggrie-ed part"' and ho/ committed /ith attendant c) he place /here circumstances he is so imprisoned or detailed in restrained' if +no/n> supporting affida-its> d) A cop" of the commitment or cause of detention of such person' if it can be procured /ithout impairing the efficienc" of the remed"> or' if the imprisonment or restraint is /ithout an" legal authorit"' such fact shall 1;= appear0 c) %n-estigation conducted' specif"ing names' personal circumstances and addresses of in-estigating authorit" or indi-iduals' as /ell as manner and conduct of in-estigation together /ith an" report> d) Actions and recourses ta+en b" petitioner to determine the fate or /hereabouts of aggrie-ed part" and identit" of person responsible for the threat' act or omission> and

c) Actions and recourses ta+en b" petitioner to secure the data or information> d) Docation of files' registers or databases' go-ernment office' and the person in charge' in possession or in control of the data or information' if +no/n> e) .eliefs pra"ed for' /hich ma" include the updating' rectification' suppression or destruction of the database or information or files +ept b" respondent> f) %n case of threats' relief ma" include a pra"er for an order enjoining the act complained of> and g) Such other reliefs as are just and e?uitable0 Contents of return: a) Da/ful defenses such as national securit"' state secrets' pri-ileged communications' confidentialit" of

Contents of return:

a) 2hether he has or has not the part" in e) he relief pra"ed his custod" or po/er' for0 or under restraint> f) Ma" include b) %f he has the general pra"er for part" in his custod" other just and or po/er' or under e?uitable reliefs0 restraint' the authorit" and the true and /hole cause thereof' set forth at large' /ith a cop" of
1;=

Sec0 4

P a g e | 47

the /rit' order' Contents of return: e3ecution' or other process' if an"' upon a) Da/ful defenses> /hich the part" is held> b) Steps or actions ta+en to determine c) %f the part" is in /hereabouts of his custod" or po/er aggrie-ed part"> or is restrained b" him' and is not c) All rele-ant produced' particularl" information pertaining the nature and to threat' act or gra-it" of the sic+ness omission against or infirmit" of such aggrie-ed part"> part" b" reason of /hich he cannot' d) %f respondent is a /ithout danger' be public official or brought before the emplo"ee' further court or judge> state: d) %f he has had the part" in his custod" or po/er' or under restraint' and has transferred such custod" or restraint to another' particularl" to /hom' at /hat time' for /hat cause' and b" /hat authorit" such transfer /as 1;9 made0 1) -erif" identit" aggrie-ed>

source information>

of

b) &isclosure of data<info about petitioner' nature of data<info' purpose of collection> c) Steps or actions ta+en b" respondent to ensure securit" and confidentialit" of data or information> d) Currenc" and accurac" of data or information>

e) @ther allegations the rele-ant to resolution of of the proceedings01:1

1) reco-er and preser-e e-idence related to death or disappearance of person identified in petition> 4) identif" /itnesses and their statements> 6) determine cause' manner' location and time of death or disappearance as /ell )ffects of failure to file as pattern or practice> return: ;) identif" and apprehend person<s

1;9 1:1

Sec0 15 A general denial of the allegations in the petition is not allo/ed0

P a g e | 4=

in-ol-ed in the death<disappearance> :) bring suspected offenders before a competent court0 )ffects of failure to file return:

he court' justice or judge shall proceed to hear the petition Procedure for hearing: e/ parte0 he hearing on the petition shall be summar"0 #o/e-er the court' justice or judge ma" call for a preliminar" Procedure for hearing: conference to simplif" the issues he hearing on the and determine the petition shall be possibilit" of obtaining summar"0 #o/e-er stipulations and the court' justice or admissions from the judge ma" call for a parties0 preliminar" conference to simplif" the issues and determine the possibilit" of obtaining stipulations and (Not applicable) admissions from the parties0 he hearing shall be from da" to da" until completed and gi-en the same

he court' justice or judge shall proceed to hear the petition e/ parte' granting the petitioner such relief as the petition ma" /arrant unless the court in its discretion re?uires petitioner to submit e-idence0

P a g e | 49

priorit" as petitions for +abeas corpus. %nterim reliefs a-ailable before final judgment: a) emporar" Protection @rder 8 protected in a go-ernment agenc" or b" an accredited person or pri-ate institution capable of +eeping and securing their safet"> b) %nspection @rder 8 /ith a lifetime of ; da"s /hich ma" be e3tended' ma" be opposed on the ground of national securit" or pri-ileged information' allo/s entr" into and )ffect of filing criminal inspect' measure' action: sur-e" or photograph the propert"> A criminal action first filed e3cludes the c) Production @rder 8 filing of the /rit> to re?uire relief shall be b" respondents to motion in the criminal produce and permit case> A criminal case inspection' cop"ing or filed subse?uentl" photographing of shall be consolidated documents' papers' /ith the petition for boo+s' accounts' the /rit of +abeas letters' photographs' $ata. objects or tangible things that contain e-idence0

Appeal: o the SC under .ule 6;'1:5 /ithin 6= hours from notice of judgment0 A /rit of +abeas corpus does not lie /here petitioner has the remed" of appeal or certiorari because it /ill not be permitted to perform the
1:5

supra

P a g e | 65

functions of a /rit of error or appeal for the purpose of re-ie/ing mere errors or irregularities in the proceedings of a court ha-ing jurisdiction o-er the person and the subject matter0

)ffect of filing criminal Appeal: action: o the SC under .ule A criminal action first 6;' /ithin ; da"s filed e3cludes the from notice of filing of the /rit> relief judgment or final shall be b" motion in order' to be gi-en the criminal case0 A the same priorit" as criminal case filed +abeas corpus and subse?uentl" shall be amparo cases0 consolidated /ith the petition for the /rit of amparo. Appeal: o the SC under .ule 6;' /ithin ; da"s from notice of ad-erse judgment' to be gi-en the same priorit" as +abeas corpus cases0

P a g e | 61

Juantum of proof: C" e-idence0 substantial

Pri-ate respondent to pro-e ordinar" diligence /as obser-ed in the performance of dut"0 Public official<emplo"ee< respondent to pro-e e3traordinar" diligence /as obser-ed' and cannot in-o+e the presumption that official dut" has been regularl" performed to e-ade responsibilit" or liabilit"0 70 .ules on Custod" of Minors and 2rit of 1abeas Corpus in .elation to Custod" of Minors1:1 he !amil" Court has e3clusi-e original jurisdiction to hear petitions for custod" of minors and the issuance of the /rit of +abeas corpus in relation to custod" of minors0 he Court is tas+ed /ith the dut" of promulgating special rules or procedure for the disposition of famil" cases /ith the best interests of the minor as primar" consideration' ta+ing into account the Hnited Nations Con-ention on the .ights of the Child0 %t should be clarified that the /rit is issued b" the !amil" Court onl" in relation to custod" of minors01:4

1:1 1:4

AM No0 54B56B56BSC he Committee chose the phrase Ean" person claiming custod"F as it is broad enough to co-er the follo/ing: (a) the unla/ful depri-ation of the custod" of a minor> or (b) /hich parent shall ha-e the care and custod" of a minor' /hen such parent is in the midst of nullit"' annulment or legal separation proceedings (Sec0 1)

P a g e | 61

An ordinar" petition for +abeas corpus should be filed in the regular Court0 he issue of child custod" ma" be tac+led b" the !amil" Court /ithout need of a separate petition for custod" being filed0 A motion to dismiss the petition is not allo/ed e3cept on the ground of lac+ of jurisdiction o-er the subject matter or o-er the parties0 An" other ground that might /arrant the dismissal of the petition shall be raised as an affirmati-e defense in the ans/er01:6 Hpon the filing of the -erified ans/er or the e3piration of the period to file it' the court ma" order a social /or+er to ma+e a case stud" of the minor and the parties and to submit a report and recommendation to the court at least three (4) da"s before the scheduled preBtrial01:; he hearings on custod" of minors ma"' at the discretion of the court' be closed to the public and the records of the case shall not be released to nonBparties /ithout its appro-al01:: #old &eparture @rder 8 he minor child subject of the petition shall not be brought out of the countr" /ithout prior order from the court /hile the petition is pending0 he court motu proprio or upon application under oath ma" issue e/ parte a hold departure order addressed to the C%& or the &@, a cop" of the hold departure order /ithin 16 hours from its issuance and through the fastest a-ailable means of transmittal01:7 N0 3rit o& "mparo 10 Co-erage> 10 &istinguish from +abeas corpus and +abeas $ata> 60 2ho ma" file> ;0 Contents of return> :0 )ffects of failure to file return> =0 Procedure for hearing> 90 %nstitution of separate action> 150 )ffect of filing of a criminal action> 110 Consolidation> 110 %nterim reliefs a-ailable to petitioner and respondent> 140Juantum of proof in application for issuance of /rit of "mparo1:= 40 &ifferences bet/een "mparo and Search 2arrant
1:6 1:; 1:: 1:7 1:=

Sec0 : Sec0 = Sec0 11 Sec01: See table abo-e

P a g e | 64

2rit of amparo %ssuance of the 2rit0 Hpon the filing of the petition' the court' justice or judge shall immediatel" order the issuance of the /rit if on its face it ought to issue0 he cler+ of court shall issue the /rit under the seal of the court> or in case of urgent necessit"' the justice or the judge ma" issue the /rit in his or her o/n hand' and ma" deputi$e an" officer or person to ser-e it0 he /rit shall also set the date and time for summar" hearing of the petition /hich shall not be later than se-en (7) da"s from the date of its issuance0 .e?uisites /arrant

Search /arrant for issuing search

A search /arrant shall not issue e3cept upon probable cause in connection /ith one (1) specific offense to be determined personall" b" the judge after e3amination under oath or affirmation of the complainant and the /itness he ma" produce' and particularl" describing the place to be searched and the things to be sei$ed' /hich ma" be an"/here in the Philippines0

70 @mnibus /ai-er rule &efenses Not Pleaded &eemed 2ai-ed0 B All defenses shall be raised in the return' other/ise' the" shall be deemed /ai-ed0 +. Writ of Habeas Data456 10 Scope of /rit 10 A-ailabilit" of /rit 40 &istinguish from 1abeas Corpus and "mparo 60 Contents of the petition ;0 Contents of return 70 Consolidation =0 )ffect of filing of a criminal action 90 %nstitution of separate action 150 Juantum of proof in application for issuance of /rit of "mparo175 :0 %nstances /hen petition ma" be heard in chambers (a) 2here the respondent in-o+es the defense that the release of the data or information in ?uestion shall compromise national securit" or state secrets' or
1:9 175

AM No0 5=B1B1:BSC See table abo-e

P a g e | 66

(b) /hen the data or information cannot be di-ulged to the public due to its nature or pri-ileged character0

P. C"an!e of ,ame 10 &ifferences under .ule 154' .0A0 956= and .ule 15= .ule 154 .0A0 956= .ule 15= *erified petition filed in the . C /here the corresponding Ci-il .egistr" is located0 Ci-il .egistrar is an indispensable part"0 %f not made a part"' proceedings are null and -oid0171 C" a person interested in an" acts' e-ent' order or decree0

Petition should be Petition filed /ith the filed in the . C /here cit" or municipal ci-il the petitioner resides registrar' or /ith consul general for citi$ens li-ing abroad0 Ci-il .egistrar is not a part"0 Solicitor (eneral to be notified b" ser-ice of a cop" of petition0 Petition is filed b" *erified petition in the the person desiring form of affida-it is to change his name filed b" an" person ha-ing direct and personal interest in the correction0 %n-ol-es change of name onl" %n-ol-es first name and nic+name

Substantial and ad-ersar" if change affects the ci-il status' citi$enship or nationalit" of a part"> Summar" if in-ol-es

P a g e | 6;

(rounds: (rounds: a) Name is ridiculous' a) !irst name or dishonorable or nic+name is found e3tremel" difficult to to be ridiculous' /rite or pronounce> tainted /ith dishonor or e3tremel" difficult b) Change is a legal to /rite or conse?uence of pronounce> legitimation or adoption> b) he first name or nic+name has c) Change /ill a-oid been habituall" confusion> and continuous used b" petitioner publicl" d) @ne has +no/n b" that first continuousl" used name or nic+name in and been +no/n the communit"> since childhood b" a !ilipino name and /as c) Change /ill a-oid una/are of alien confusion0 parentage> e) Change is based on a sincere desire to adopt a !ilipino name to erase signs of former alienage' all in good faith and /ithout prejudice to an"bod"> and f) Surname causes embarrassment and there is no sho/ing that the desired change of name /as for a fraudulent purpose' or that the change of name /ould prejudice public interest0171

mere clerical errors0 (rounds: Cancellation or correction of entries of: (a) births> (b) marriages> (c) deaths> (d) legal separation> (e) judgments annulments marriage> or of

(f) judgments declaring marriages -oid from the beginning> (g) legitimations> (h) adoptions> (i) ac+no/ledgments of natural children> (j) naturali$ations> (+) election' loss or reco-er" of citi$enship> (l) ci-il interdiction> (m) judicial determination of filiation>

171

Republic vs. 1ernan$ez' := SCA& 179> Republic vs. "vila' 111 SC.A 6=4

P a g e | 6:

@rder for hearing to be published once a /ee+ for three (4) consecuti-e /ee+s in a ne/spaper of general circulation in the pro-ince0

)ntr" is correct but petitioner desires to change the entr" An appropriate ad-ersar" proceeding .e?uires judicial order

Ser-ice of judgment shall be upon the ci-il register concerned Appeal ma" be a-ailed of if judgment or final order rendered affects substantial rights of person appealing
171

(n) -oluntar" Petition shall be emancipation of a published at least minor> and once a /ee+ for t/o (1) consecuti-e /ee+s (o) change of name0174 in a ne/spaper of general circulation0 @rder shall also be Also to be posted in a published once a conspicuous place /ee+ for three (4) for ten (15) consecuti-e /ee+s in consecuti-e da"s0 a ne/spaper of general circulation in the pro-ince' and )ntr" is incorrect0 court shall cause reasonable notice to persons named in the petition0 An appropriate administrati-e Cancellation or proceeding correction of correct or incorrect entries0 &oes not re?uire judicial order0 An appropriate summar" or ad-ersar" proceeding depending on effects0 ransmittal of decision to ci-il &irected or changed registrar general b" the cit" or municipal ci-il registrar or consulB %n case denied b" the general /ithout cit" or municipal ci-il judicial order0 registrar or the consul general' petitioner Ser-ice of judgment ma" either appeal shall be upon the ci-il the decision to the register concerned ci-il register general or file appropriate Appeal ma" be petition /ith proper a-ailed of if judgment court b" petition for or final order rendered

.eason: he is an interested part" in protecting the integrit" of public documents0 Solicitor (eneral must also be notified b" ser-ice of a cop" of the petition0
174

Sec0 1

P a g e | 67

re-ie/ under .ule 640 affects substantial rights of person appealing' to the . C or to the CA0 10 (rounds for change of name176 -. Absentees17; 10 Purposes of the .ule o allo/ the court to appoint an administrator or representati-e to ta+e care of the propert" of the person /ho is sought to be judiciall" declared absent0 %t also aims to ha-e the court appoint the present spouse as administrator or administratri3 of the absent spouseGs properties' or for the separation of properties of the spouses0 10 2ho ma" file> /hen to file he follo/ing ma" file an application for the declaration of absence of a person: (a) Spouse present> (b) #eirs instituted in a /ill>17: (c) .elati-es /ho /ould succeed b" the la/ of intestac"> and (d) hose /ho ha-e o-er the propert" of the absentee some right subordinated to the condition of his death0 2hen a person disappears from his domicile' his /hereabouts being un+no/n' and /ithout ha-ing left an agent to administer his propert"' or the po/er conferred upon the agent has e3pired' an" interested part"' relati-e or friend' ma" petition the . C of the place /here the absentee resided before his disappearance for the appointment of a person to represent him pro-isionall" in all that ma" be necessar"0177
176 17;

17: 177

see able' abo-e .ule 157 Stages of absence: (a) pro-isional absence (b) declaration of absence (c) presumption of death /ho ma" present an authentic cop" of the same Sec0 1

P a g e | 6=

After the lapse of t/o (1) "ears from his disappearance and /ithout an" ne/s about the absentee or since the receipt of the last ne/s' or of fi-e (;) "ears in case the absentee has left a person in charge of the administration of his propert"' the declaration of his absence and appointment of a trustee or administrator ma" be applied for017= .. Cancellation or Correction of Entries in t"e Ci/il .e!istry (1))ntries subject to cancellation or correction under .ule 15=' in relation to .0A0 956=179 S. A))eals in S)ecial Proceedin! (1),udgments and orders for /hich appeal ma" be ta+en 2here such order or judgment: (a) Allo/s or disallo/s a /ill> (b) &etermines /ho are the la/ful heirs of a deceased person' or the distributi-e share of the estate to /hich such person is entitled> (c) Allo/s or disallo/s an" claim against the estate of a deceased person' or an" claim presented on behalf of the estate in offset to a claim against it> (d) Settles the account of an e3ecutor' administrator' trustee or guardian> (e) Constitutes' in proceedings relating to the settlement of the estate of a deceased person' or the administration of a trustee or guardian' a final determination in the lo/er court of the rights of the part" appealing' e3cept that no appeal shall be allo/ed from the appointment of a special administrator> and (f) he final order or judgment rendered in the case affects the substantial rights of the person appealing' unless it be an order granting or den"ing a motion for a ne/ trial or for reconsideration01=5
17= 179

Sec0 1 See able' abo-e he petition for change of first names or nic+names ma" be allo/ed /hen such names or nic+names are ridiculous' tainted /ith dishonor or e3tremel" difficult to /rite or pronounce> or the ne/ name or nic+name has been used habituall" and continuousl" b" petitioner and has been publicl" +no/n b" that first name or nic+name in the communit"> or the change /ill a-oid confusion (Sec0 6' .0A0 956=) 1=5 Sec0 1

P a g e | 69

(1)2hen to appeal he reglementar" period of thirt" (45) da"s is pro-ided for the perfection of appeals in special proceedings01=1 (4)Modes of appeal @rdinar" appeal he appeal to the CA in cases decided b" the . C in the e3ercise of its original jurisdiction shall be ta+en b" filing a notice of appeal /ith the court /hich rendered the judgment or final order appealed from and ser-ing a cop" thereof upon the ad-erse part"0 No record on appeal shall be re?uired e3cept in special proceedings and other cases of multiple or separate appeals /here the la/ or the .ules so re?uire0 %n such cases' the record on appeal shall be filed and ser-ed in li+e manner he appeal to the CA in cases decided b" the . C in the e3ercise of its appellate jurisdiction shall be b" petition for re-ie/ in 1=1 accordance /ith .ule 610 %n all cases /here onl" ?uestions of la/ are raised or in-ol-ed' the appeal shall be to the SC b" petition for re-ie/ on certiorari in accordance /ith .ule 6;01=4

Petition for re-ie/

Petition for re-ie/ on certiorari

60 .ule on Ad-ance &istribution

1=1

Appeals in special proceedings necessitate a record on appeal as the original record should remain /ith the trial court0 1=1 supra 1=4 %bid0

P a g e | ;5

Not/ithstanding a pending contro-ers" or appeal in proceedings to settle the estate of a decedent' the court ma" permit that such part of the estate as ma" not be affected b" the contro-ers" or appeal be distributed among the heirs or legatees' upon compliance /ith the conditions set forth in .ule 951=6 of these rules01=;

1=6 1=;

See .eference Sec0 1

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CRIMINAL PROCEDURE A. #eneral *atters 10 &istinguish jurisdiction o-er jurisdiction o-er person of the accused ,urisdiction o-er subject matter subject matter from

,urisdiction o-er person of the accused

&oes not depend upon the Ma" be conferred b" consent consent or omission of the parties e3pressl" or impliedl" gi-en' or it to the action or an" of them> ma"' b" objection' be pre-ented from attaching or being remo-ed after it is attached0 Sometimes made to depend' indirectl" at least' on the part"As -olition01=: Nothing can change the jurisdiction of the court o-er it or dictate /hen it shall be remo-ed' insofar as it is a matter of legislati-e enactment /hich none but the legislature ma" change0 ,urisdiction o-er the subject matter is determined upon the allegations made in the complaint' irrespecti-e of /hether the plaintiff is entitled or not' to reco-er upon the claim asserted therein' a matter resol-ed onl" after and as a result of the trial01=7

,urisdiction o-er the subject matter is determined upon the allegations made in the complaint' irrespecti-e of /hether the plaintiff is entitled or not' to reco-er upon the claim asserted therein' a matter resol-ed onl" after and as a result of the trial0 ,urisdiction o-er the person of the accused is b" -oluntar" appearance or surrender of the accused or b" his arrest01== 10 .e?uisites for e3ercise of criminal jurisdiction (1) he offense is one /hich the court is b" la/ authori$ed to ta+e cogni$ance of>

1=: 1=7 1==

MRR vs. "tty. General Magay vs. %stian$an' :9 SC.A 6;: C+oc vs. (era' :6 Phil0 15::

P a g e | ;1

(1) he offense must ha-e been committed /ithin its territorial jurisdiction> and (4) he person charged /ith the offense must ha-e been brought into its forum for trial' forcibl" or b" /arrant of arrest or upon his -oluntar" submission to the court01=9 40 ,urisdiction of Criminal courts Court Supreme Court @riginal )3clusi-e: )3clusi-e< Appellate C" Petition for .e-ie/ on Certiorari

Petitions for certiorari' prohibition and a) from the CA> mandamus against the CA and b) from San$iganbayan0 San$iganbayan> Concurrent:

the

c) from the . C /here onl" an error or a) /ith CA: petitions ?uestion of la/ is for certiorari' in-ol-ed0 prohibition and mandamus against !rom the . C in . C> cases commenced therein' e3cept those b) /ith CA and . C: appealable to the SC petitions for certiorari' or the prohibition and San$iganbayan. mandamus against lo/er courts> C" Petition for .e-ie/: c) /ith San$iganbayan: petitions for mandamus' prohibition' certiorari' habeas corpus' injunction and ancillar" /rits in aid of its appellate jurisdiction and o-er !rom the . C in cases appealed thereto from the lo/er courts and not appealable to the San$iganbayan.

Court of Appeals

1=9

"rula vs. %spino

P a g e | ;4

San$iganbayan

petitions of similar nature' including 'uo 7arranto arising or that ma" arise in C" Appeal: cases filed or /hich ma" be filed0 a) from the . C in all criminal cases )3clusi-e: in-ol-ing offenses for /hich the penalt" is Actions for reclusion perpetua or annulment of life imprisonment' and judgments of the . C those in-ol-ing other offenses /hich' Concurrent: although not so punished' arose out of a) /ith the SC: the same occurrence petitions for certiorari' or /hich ma" ha-e prohibition and been committed b" man$amus against the accused on the . C> same occasion> b) /ith SC and . C: petitions for certiorari' prohibition and man$amus against lo/er courts0 )3clusi-e: a) *iolations of .0A0 4519' as amended' .0A0 1479' and briber" and corruption offenses under the .e-ised Penal Code' /here one or more of the accused are officials occup"ing positions195 b) Automatic re-ie/ /here death penalt" is imposed0194 C" Appeal: !rom the . C in cases under P& 1:5:' as amended b" P& 1=:1' /hether or not the cases /ere decided b" them in the e3ercise of their original or appellate jurisdictions0

195

(1) @fficials of the e3ecuti-e branch occup"ing the position of regional director and higher (AIA (rade A17G of .A :7;=)' including: (a) Pro-incial go-ernors' -iceBgo-ernors' members of the sangguniang panlala7igan' pro-incial treasurers' assessors' engineers and other pro-incial department heads> (b) Cit" ma"ors' -iceBma"ors' members of the sangguniang panlungso$' cit" treasurers' assessors' engineers and other cit" department heads>

P a g e | ;6

in the go-ernment' /hether in a permanent' acting or interim capacit"' at the time of the commission of the offense> .egional rial Courts b) @ther offenses or felonies /hether simple or comple3ed /ith other crimes committed in relation Circuit to their office b" the public officials and emplo"ees mentioned in Sec0 6LaM'191 P& 1:5:' as amended b" .0A0 797;> All cases decided b" lo/er courts in their c) Criminal cases respecti-e territorial filed pursuant to and jurisdictions0 in connection /ith )@ Nos0 1' 1' 16' and Summar" Procedure 16BA0 a) raffic -iolations> b) *iolations of the rental la/> All criminal cases c) *iolations of cit" or /hich are not /ithin municipal ordinances>
(c) @fficials of the diplomatic ser-ice occup"ing the position of consul and higher> Philippine arm" and air force colonels' na-al captains' and all officers of higher ran+> (d) @fficers of the PNP /hile occup"ing the position of pro-incial director and those holding the ran+ of senior superintendent or higher> (e) Cit" and pro-incial prosecutors and their assistants' and officials and prosecutors in the office of the @mbudsman and special prosecutor> (f) Presidents' directors of trustees' or managers of go-ernment o/ned or controlled corporations' state uni-ersities or educational institutions or foundations0 (1) Members of Congress and officials thereof (classified as (rade A17G and higher under the CPCA of 19=9)> (4) Members of the judiciar" /ithout prejudice to the pro-isions of the Constitution> (6) Chairmen and members of the Constitutional Commissions' /ithout prejudice to the pro-isions of the Constitution> and (;) All other national and local officials (classified as (rade A17G and higher under the CPCA of 19=9)0 191 supra' see footnote 15140

Metropolitan' Municipal and Municipal rial Courts

P a g e | ;;

the e3clusi-e and jurisdiction of an" court' tribunal or d) All other offenses bod"0 /here the penalt" does not e3ceed : @riginal: months imprisonment and<or P1'555 fine' a) *iolations of cit" irrespecti-e of other or municipal penalties or ci-il ordinances committed liabilities arising /ithin their respecti-e therefrom' and in territorial jurisdictions> offenses in-ol-ing damage to propert" b) All offenses through criminal punishable /ith negligence /here the imprisonment of imposable fine not more than : does not e3ceed "ears irrespecti-e of P15'5550 the amount of fine' and in all cases of damage to propert" through criminal negligence' regardless of other penalties and the ci-il liabilities arising therefrom> and c) All offenses191 committed b" public officers and emplo"ees in relation to their office' including those emplo"ed in (@CCs' and b" pri-ate indi-iduals charged as coBprincipals' accomplices or accessories' punishable /ith imprisonment of not more than : "ears or /here none
191

e3cept -iolations of .0A0 4519' .0A0 1479 and Arts0 115 to 111' .PC

P a g e | ;:

of the accused holds a position of salar" (rade 17 and higher0

60 2hen injunction ma" be issued to restrain criminal prosecution (eneral .ule: Criminal prosecution ma" not be restrained or sta"ed b" injunction0 )3ceptions: (a) accused> (b) hen necessar" for the orderl" administration of justice or to a-oid oppression or multiplicit" of actions> (c) 2hen there is a preBjudicial ?uestion /hich is sub ju$ice> (d) 2hen the acts of the officer are /ithout or in e3cess of authorit"> (e) regulation> (f) 2hen double jeopard" is clearl" apparent> (g) 2here the court has no jurisdiction o-er the offense> (h) 2here it is a case of persecution rather than prosecution> (i) 2here the charges are manifestl" false and moti-ated b" the lust for -engeance> (j) 2hen there is clearl" no prima &acie case against the accused and a motion to ?uash on that ground has been denied> and 2here the prosecution is under an in-alid la/' ordinance or o afford ade?uate protection to the constitutional rights of the

P a g e | ;7

(+)

o pre-ent the threatened unla/ful arrest of petitioners0196 B. Prosecution of +ffenses 10 Criminal actions' ho/ instituted

!or offenses /here a preliminar" in-estigation is re?uired pursuant to Section 119; of .ule 111' b" filing the complaint /ith the proper officer for the purpose of conducting the re?uisite preliminar" in-estigation0 !or all other offenses' b" filing the complaint or information directl" /ith the Municipal rial Courts and Municipal Circuit rial Courts' or the complaint /ith the office of the prosecutor0 %n Manila and other chartered cities' the complaint shall be filed /ith the office of the prosecutor' unless other/ise pro-ided in their charters019: 10 2ho ma" file them' crimes that cannot be prosecuted $e o&&icio All criminal actions commenced b" complaint or information shall be prosecuted under the direction and control of the prosecutor0 #o/e-er' in the Municipal rial Courts or Municipal Circuit rial Courts /hen the prosecutor assigned thereto or to the case is not a-ailable' the offended part"' an" peace officer' or public officer charged /ith the enforcement of the la/ -iolated ma" prosecute the case0 his authorit" shall cease upon actual inter-ention of the prosecutor or upon ele-ation of the case to the .egional rial Court0 he crimes of adulter" and concubinage shall not be prosecuted e3cept upon a complaint filed b" the offended spouse0 he offended part" cannot institute criminal prosecution /ithout including the guilt" parties' if the" are both ali-e' nor' in an" case' if the offended part" has consented to the offense or pardoned the offenders0
194

as amended b" A0M0 No0 55B;B54BSC .e: Amendments to the .e-ised .ules of Criminal Procedure to go-ern &eath Penalt" Cases .esolution effecti-e @ctober 1;' 1556 196 Brocka v. %nrile' 191 SC.A 1=4 (1995) 19; )3cept as pro-ided in Section 7 of this .ule' a preliminar" in-estigation is re?uired to be conducted before the filing of a complaint or information for an offense /here the penalt" prescribed b" la/ is at least four (6) "ears' t/o (1) months and one (1) da" /ithout regard to the fine0 (1nd par0) 19: he institution of the criminal action shall interrupt the period of prescription of the offense charged unless other/ise pro-ided in special la/s0 (Sec0 1) Preliminar" in-estigation is re?uired for offenses punishable b" at least 6 "ears' 1 months' and 1 da"' unless the accused /as la/full" arrested /ithout a /arrant' in /hich case' an in?uest must ha-e been conducted (Secs0 1 and 7' .ule 111)0

P a g e | ;=

he offenses of seduction' abduction' and acts of lasci-iousness shall not be prosecuted e3cept upon a complaint filed b" the offended part" or her parents' grandparents' or guardian' nor' in an" case' if the offender has been e3pressl" pardoned b" an" of them0 %f the offended part" dies or becomes incapacitated before she can file the complaint' and she has no +no/n parents' grandparents or guardian' the State shall initiate the criminal action in her behalf0 he offended part"' e-en if a minor' has the right to initiate the prosecution of the offenses of seduction' abduction and acts of lasci-iousness independentl" of her parents' grandparents or guardian' unless she is incompetent or incapable of doing so0 2here the offended part"' /ho is a minor' fails to file the complaint' her parents' grandparents' or guardian ma" file the same0 he right to file the action granted to parents' grandparents or guardian shall be e3clusi-e of all other persons and shall be e3ercised successi-el" in the order herein pro-ided' e3cept as stated in the preceding paragraph0 No criminal action for defamation /hich consists in the imputation of an" of the offenses mentioned abo-e shall be brought e3cept at the instance of and upon complaint filed b" the offended part"0 he prosecution of complaints for -iolation of special la/s shall be go-erned b" their pro-isions thereof0197 Art0 466 of the .e-ised Penal Code refers to crimes /hich cannot be prosecuted $e o&icio: hese are pri-ate crimes' namel": (a) Adulter" and concubinage 8 to be prosecuted upon a complaint filed b" the offended spouse' impleading both guilt" parties' if both ali-e' unless he shall ha-e consented or pardoned the offenders> (b) Seduction' abduction' or acts or lasci-iousness 8 to be prosecuted upon a complaint filed b" the offended part" or her parents' grandparents' or guardian' unless e3pressl" pardoned b" the abo-e named persons>19= (c) &efamation 8 to be prosecuted at the instance of and upon complaint e3pressl" filed b" the offended part"0199 40 Criminal actions' /hen enjoined

197 19= 199

Sec0 ; in such stated order Art0 4:5' .PC

P a g e | ;9

(a) accused>

o afford ade?uate protection to constitutional rights of the

(b) 2hen necessar" for the orderl" administration of justice or to a-oid oppression or multiplicit" of actions> (c) 2here there is a prejudicial ?uestion /hich is sub ju$ice89:: (d) 2hen the acts of the officer are /ithout or in e3cess of authorit"> (e) 2here regulation> (f) 2hen double jeopard" is clearl" apparent> (g) 2here the court had no jurisdiction o-er the offense> (h) 2here is it a case of persecution rather than prosecution> (i) 2here the charges are manifestl" false and moti-ated b" the lust for -engeance> (j) 2hen there is clearl" no prima &acie case against the accused and a motion to ?uash on that ground has been denied> (+) Preliminar" injunction has been issued b" the Supreme Court to pre-ent the threatened unla/ful arrest of petitioners0 60 Control of prosecution 2hene-er a criminal case is prosecuted and the State is the offended part"' the case must al/a"s be prosecuted under the control and guidance of the State through the go-ernment prosecutors0 2hene-er there is ac?uittal or dismissal of the case and the pri-ate complainant intends to ?uestion such ac?uittal or dismissal' the same must li+e/ise be underta+en b" the State through the Solicitor (eneral0 @nl" the Solicitor (eneral ma" represent the People of the Philippines on appeal0 he pri-ate offended part" or complainant ma" ?uestion such ac?uittal or dismissal or appeal therefrom onl" insofar as the ci-il aspect is concerned' in the name of the petitioner or appellant and not in the name of the People of the Philippines0151
155 151

the

prosecution

is

under

in-alid la/'

ordinance'

or

before a court or judge for consideration Metropolitan Bank an$ Trust Co. vs. (eri$iano II' 4:5 SC.A 4;9 he rule that the Solicitor (eneral is the la/"er of the People in appellate courts admits an e3ception' namel"' that /hich is pro-ided for in .0A0 =169' /hich states in part that Ein all cases ele-ated to the San$iganbayan and from the San$iganbayan to the Supreme Court' the @ffice of the @mbudsman' through its special prosecutor' shall represent the People of the Philippines' e3cept in cases filed pursuant to )@ 1' 1' 16 and 16BA' issued in 19=:0F

P a g e | :5

he prosecution determines the charges to be filed and ho/ the legal and factual elements in the case shall be utili$ed as components of the information0 %t is basicall" the prosecutorAs function to determine /hat degree of complicit" to the commission of a crime a person should be charged /ith' /hether as principal' accomplice or accessor"0 151 ;0 Sufficienc" of Complaint or %nformation %f it states: (a) he name of the accused>154 (b) he designation of the offense gi-en b" the statute> (c) he acts or omissions complained of as constituting the offense> (d) he name of the offended part"> (e) he appro3imate date of the commission of the offense> and (f) he place /herein the offense /as committed0 2hen an offense is committed b" more than one (1) person' all of them shall be included in the complaint or information0156 :0 &esignation of @ffense he complaint or information shall state the designation of the offense gi-en b" the statute' a-er the acts or omissions constituting the offense' and specif" its ?ualif"ing and aggra-ating circumstances0 %f there is no designation of the offense' reference shall be made to the section or subsection of the statute punishing it015; 70 Cause of the Accusation he acts or omissions complained of as constituting the offense and the ?ualif"ing and aggra-ating circumstances must be stated in ordinar" and concise language and not necessaril" in the language used in the statute but in terms sufficient to enable a person of common understanding to +no/ /hat offense is being charged as /ell as its ?ualif"ing and aggra-ating circumstances and for the court to pronounce judgment0 15:
151 154

,eople vs. ,ajo' 46= SC.A 694 %f the prosecutor refuses to include one accused' the remed" is man$amus0 procedure for state /itness allo/s for initial inclusion of the accused in the information0 156 Sec0 : 15; Sec0 = 15: Sec0 9

he

P a g e | :1

=0 &uplicit" of the @ffense> )3ception A complaint or information must charge onl" one offense' e3cept /hen the la/ prescribes a single punishment for -arious offenses0157 90 Amendment information15= or Substitution of complaint or

A complaint or information ma" be amended' /ithout lea-e of court' at an"time before the accused enters his plea0 After the plea and during the trial' a formal amendment ma" onl" be made /ith lea-e of court and /hen it can be done /ithout causing prejudice to the rights of the accused0 #o/e-er' an" amendment before plea' /hich do/ngrades the nature of the offense charged in or e3cludes an" accused from the complaint or information' can be made onl" upon motion b" the prosecutor' /ith notice to the offended part" and /ith lea-e of court0 he court shall state its reasons in resol-ing the motion and copies of its order shall be furnished all parties' especiall" the offended part"0 %f it appears at an" time before judgment that a mista+e has been made in charging the proper offense' the court shall dismiss the original complaint or information upon the filing of a ne/ one charging the proper offense in accordance /ith Section 19' 159 .ule 119' pro-ided the accused
157

Sec0 14 Such as in continuing and comple3 crimes0 15= Amendment and substitution distinguished: (a) Amendment ma" in-ol-e either formal or substantial changes> substitution necessaril" in-ol-es a substantial change from the original charge> (b) Amendment before plea has been entered can be effected /ithout lea-e of court> substitution of information must be /ith lea-e of court' as the original information has to be dismissed> (c) 2here the amendment is onl" as to form' there is no need for another preliminar" in-estigation and the reta+ing of the plea of the accused> in substitution of information' another preliminar" in-estigation is entailed and the accused has to plead ane/ to the ne/ information> and (d) An amended information refers to the same offense charged in the original information or to an offense /hich necessaril" includes or is necessaril" included in the original charge> hence substantial amendments to the information after the plea has been ta+en cannot be made o-er the objection of the accused' for if the original information /ould be /ithdra/n' the accused could in-o+e double jeopard"0 Substitution re?uires or presupposes that the ne/ information in-ol-es different offense /hich does not include or is not necessaril" included in the original charge' hence the accused cannot claim double jeopard"0 (Tee+ankee vs. Ma$ayag' 157 SC.A :=;) (e) %n substitution under the second paragraph of Sec0 16' /here the ne/ information charges an offense distinct and different from the one initiall" charged' due to mista+e in charging the proper offense' there is need for a ne/ preliminar" in-estigation and another arraignment0 (,eople vs. *aralba' 11: SC.A :51) 159 2hen mista+e has been made in charging the proper offense0 8 2hen it becomes manifest at an" time before judgment that a mista+e has been made in charging the proper

P a g e | :1

/ould not be placed in double jeopard"0 he court ma" re?uire the /itnesses to gi-e bail for their appearance at the trial0115 150 *enue of criminal actions (a) %n the court of the municipalit" or territor" /here the offense /as committed or /here an" of its essential ingredients occurred0 (b) @ffense is committed in a train' aircraft' or other public or pri-ate -ehicle in the course of its trip B in the court of an" municipalit" or territor" /here said train' aircraft or other -ehicle passed during its trip' including the place of its departure and arri-al0 (c) @ffense is committed on board a -essel in the course of its -o"age B in the court of the first port of entr" or of an" municipalit" or territor" /here the -essel passed during such -o"age' subject to the generall" accepted principles of international la/0 (d) Crimes committed outside of the Philippines but punishable under Article 1111 of the .e-ised Penal Code B in the court /here the criminal action is first filed0111 110 %nter-ention of offended part"

offense and the accused cannot be con-icted of the offense charged or an" other offense necessaril" included therein' the accused shall not be discharged if there appears good cause to detain him0 %n such case' the court shall commit the accused to ans/er for the proper offense and dismiss the original case upon the filing of the proper information0 115 Sec0 16 he test as to /hether the rights of an accused are prejudiced b" the amendment of a complaint or information is /hen a defense under the complaint or information' as it originall" stood' /ould no longer be a-ailable after the amendment is made' and /hen an" e-idence the accused might ha-e' /ould be inapplicable to the complaint or information (,eople vs. Montenegro' 1;9 SC.A 14:)0 111 Application of its pro-isions0 N )3cept as pro-ided in the treaties and la/s of preferential application' the pro-isions of this Code shall be enforced not onl" /ithin the Philippine Archipelago' including its atmosphere' its interior /aters and maritime $one' but also outside of its jurisdiction' against those /ho: 10 Should commit an offense /hile on a Philippine ship or airship 10 Should forge or counterfeit an" coin or currenc" note of the Philippine %slands or obligations and securities issued b" the (o-ernment of the Philippine %slands> 40 Should be liable for acts connected /ith the introduction into these islands of the obligations and securities mentioned in the presiding number> 60 2hile being public officers or emplo"ees' should commit an offense in the e3ercise of their functions> or ;0 Should commit an" of the crimes against national securit" and the la/ of nations' defined in itle @ne of Coo+ /o of this Code0 111 Sec0 1;

P a g e | :4

2here the ci-il action for reco-er" of ci-il liabilit" is instituted in the criminal action pursuant to .ule 111' 114 the offended part" ma" inter-ene b" counsel in the prosecution of the offense0116 C. Prosecution of Ci/il Action11; 10 .ule on implied institution of ci-il action /ith criminal action he general rule is that the institution or filing of the criminal action includes the institution therein of the ci-il action for reco-er" of ci-il liabilit" arising from the offense charged' e3cept in the follo/ing cases: (a) he offended part" /ai-es the ci-il action>

(b) #e reser-es his right to institute the ci-il action separatel"> or (c) #e institutes the ci-il action prior to the criminal action011: 10 2hen ci-il action ma" proceed independentl" %n the cases pro-ided for in Articles 41' 44' 46 and 117: 117 of the Ci-il Code of the Philippines' the independent ci-il action ma" be brought b" the offended part"0 %t shall proceed independentl" of the criminal action and shall re?uire onl" a preponderance of e-idence0 %n no case' ho/e-er' ma" the offended part" reco-er damages t/ice for the same act or omission charged in the criminal action011= 40 2hen separate ci-il action is suspended After the criminal action has been commenced' the separate ci-il action arising therefrom cannot be instituted until final judgment has been entered in the criminal action0

114 116

See .eference Sec0 1: 11; .ule 111 11: he e3ception to the reser-ation re?uirement is a claim arising out of a dishonored chec+ under CP 11' /here no reser-ation to file such ci-il action separatel" shall be allo/ed' /hich means that the filing of the criminal action for -iolation of CP 11 shall be deemed to include the corresponding ci-il action and that unless a separate ci-il action has been filed before the institution of the criminal action' no such ci-il action can be instituted after the criminal action has been filed as the same has been included therein0 Another instance /here no reser-ation shall be allo/ed and /here a ci-il action filed prior to the criminal action has to be transferred to the subse?uentl" filed criminal action for joint hearing is a claim arising from an offense /hich is cogni$able b" the San$iganbayan. 117 See .eference 11= Sec0 4

P a g e | :6

%f the criminal action is filed after the said ci-il action has alread" been instituted' the latter shall be suspended in /hate-er stage it ma" be found before judgment on the merits0 he suspension shall last until final judgment is rendered in the criminal action0119 60 )ffect of the death of accused or con-ict on ci-il action he death of the accused after arraignment and during the pendenc" of the criminal action shall e3tinguish the ci-il liabilit" arising from the delict0 %f the accused dies before arraignment' the case shall be dismissed /ithout prejudice to an" ci-il action the offended part" ma" file against the estate of the deceased0115 #o/e-er' the independent ci-il action instituted under Section 4 111 of this .ule or /hich thereafter is instituted to enforce liabilit" arising from other sources of obligation ma" be continued against the estate or legal representati-e of the accused after proper substitution or against said estate' as the case ma" be0 he heirs of the accused ma" be substituted for the deceased /ithout re?uiring the appointment of an e3ecutor or administrator and the court ma" appoint a guardian a$ litem for the minor heirs0111
119

)ffect of criminal action on separate ci-il action (a) %f criminal action has been commenced earlier B separate ci-il action cannot be instituted until final judgment has been entered in the criminal action0 (b) %f the criminal action is filed after the separate ci-il action has alread" been instituted B 1) Ci-il action suspended' in /hate-er stage it ma" be found before judgment on the merits' until final judgment is rendered in the criminal action0 1) Ci-il action ma"' upon motion of the offended part"' be consolidated /ith the criminal action in the court tr"ing the criminal action 4) )-idence alread" adduced in the ci-il action shall be deemed automaticall" reproduced in the criminal action 6) 2ithout prejudice to the right of the prosecution to crossBe3amine the /itnesses presented b" the offended part" in the criminal case and the parties to present additional e-idence0 c) he consolidated criminal and ci-il actions shall be tried and decided jointl"0 d) &uring the pendenc" of the criminal action' the running of prescription of the ci-il action /hich cannot be instituted separatel" or /hose proceeding has been suspended shall be tolled0 he e3tinction of the penal action does not carr" /ith it e3tinction of the ci-il action0 #o/e-er' the ci-il action based on delict ma" be deemed e3tinguished if there is a finding in a final judgment in the criminal action that the act or omission from /hich the ci-il liabilit" ma" arise did not e3ist0 (Sec0 1) 115 Sec0 6 111 supra 111 he court shall forth/ith order said legal representati-e or representati-es to appear and be substituted /ithin a period of thirt" (45) da"s from notice0 A final judgment entered in fa-or of the offended part" shall be enforced in the manner especiall" pro-ided in these .ules for prosecuting claims against the estate of the deceased0

P a g e | :;

;0 Prejudicial Juestion @ne /hich arises in a case the resolution of /hich is a logical antecedent of the issues in-ol-ed therein' and the cogni$ance of /hich pertains to another tribunal0114 A petition for suspension of the criminal action based upon the pendenc" of a prejudicial ?uestion in a ci-il action ma" be filed in the office of the prosecutor or the court conducting the preliminar" in-estigation0 2hen the criminal action has been filed in court for trial' the petition to suspend shall be filed in the same criminal action at an" time before the prosecution rests0116 :0 .ule on !iling !ees in ci-il action deemed instituted /ith the criminal action 2hen the offended part" see+s to enforce ci-il liabilit" against the accused b" /a" of moral' nominal' temperate or e3emplar" damages /ithout specif"ing the amount thereof in the complaint or information' the filing fees therefor shall constitute a first lien on the judgment a/arding such damages0 2here the amount of damages' other than actual' is specified in
114 116

AgpaloGs #andboo+ on Criminal Procedure> .u 1ayco vs. C"' Aug0 1:' 19=; Sec0 : (eneral .ule: Criminal action ta+es precedence of ci-il actions0 )3ceptions: (a) independent ci-il actions (b) prejudicial ?uestion )lements of Prejudicial ?uestion: (a) the pre-iousl" instituted ci-il action in-ol-es an issue similar or intimatel" related to the issue raised in the subse?uent criminal action' and (b) the resolution of such issue determines /hether or not the criminal action ma" proceed0 (Sec0 7) A prejudicial ?uestion can be interposed at the @ffice of the Prosecutor' but> (a) he ?uestion can also be raised in court> (b) %f raised' the court should merel" suspend the criminal case> (c) he court must /ait for a motion' other/ise' that is a /ai-er> (d) he court cannot motu proprio suspend the criminal case (2ap vs. ,aras' (0.0 15114:' ,an0 45' 1991) A prejudicial ?uestion does not conclusi-el" resol-e the guilt or innocence of the accused but simpl" tests the sufficienc" of the allegations in the information in order to sustain the further prosecution of the criminal case0 A part" /ho raises a prejudicial ?uestion is deemed to ha-e h"potheticall" admitted that all the elements of a crime ha-e been ade?uatel" alleged in the information' considering that the prosecution has not "et presented a single e-idence on the indictment or ma" not "et ha-e rested its case0 A challenge of the allegations is in effect a ?uestion on the merits of the criminal charge through a nonBcriminal suit (0i)al vs. Ba$ayog' (0.0 14477=' March 16' 1555) est in determining the e3istence of a prejudicial ?uestion: %t must appear not onl" that the ci-il case in-ol-es the same facts upon /hich the criminal prosecution is based' but also that the resolution of the issues in said ci-il action /ould be necessaril" determinati-e of the guilt or innocence of the accused ( 2ap vs. ,aras' (0.0 15114:' ,an0 45' 1991)

P a g e | ::

the complaint or information' the corresponding filing fees shall be paid b" the offended part" upon filing thereof in court0 )3cept as other/ise pro-ided in these .ules' no filing fees shall be re?uired for actual damages011; D. Preliminary &n/esti!ation11: 10 Nature of right he preliminar" in-estigation as defined in Sec0 1 is the preliminar" in-estigation proper' /hich is not a judicial function' but a part of the prosecutionGs job' a function of the e3ecuti-e0 Preliminar" in-estigation is generall" in?uisitorial' and it is often the onl" means of disco-ering the persons /ho ma" be reasonabl" charged /ith a crime' to enable the prosecutor to prepare his complaint or information0 117 he right to preliminar" in-estigation is not a constitutional grant> it is merel" statutor" and ma" be in-o+ed onl" /hen specificall" created b" statute011= Preliminar" in-estigation is a function that belongs to the public prosecutor0 %t is an e3ecuti-e function' although the prosecutor' in the discharge of such function' is a ?uasiBjudicial authorit" tas+ed to determine /hether or not a criminal case must be filed in court0 he right to preliminar" in-estigation ma" be /ai-ed b" the accused' either e3pressl" or impliedl"0 he posting of a bond b" the accused constitutes such a /ai-er' such that e-en if the /arrant /as irregularl" issued' an" infirmit" attached to it is cured /hen the accused submits himself to the jurisdiction of the court b" appl"ing for bail0119 10 Purposes of preliminar" in-estigation Preliminar" in-estigation is an in?uir" or proceeding for the purpose of determining /hether there is sufficient ground to engender a /ellBfounded
11; 11:

Sec0 1 .ule 111 117 ,a$eranga vs. Drilon' 19: SC.A =: 2hile the right to preliminar" in-estigation is statutor" rather than constitutional in its fundament' since it has in fact been established b" statute' it is a component part of due process in criminal justice0 he right to ha-e a preliminar" in-estigation conducted before being bound o-er to trial of a criminal offense and hence formall" at ris+ of incarceration of some other penalt" is not a mere formal or technical right> it is a substanti-e rightOto den" petitionerAs claim to a preliminar" in-estigation /ould be to depri-e him of the full measure of his right to due process (Go vs. C"' 15: SC.A 14=) 11= ,eople vs. Carlos' 7= Phil0 ;4; 119 %n .e: .etter o& #re$$ie Manuel' ;6 SCA& 97' Aug0 6' 1996 %t is also cured b" submitting himself to arraignment (,eople vs. 1ubilo' 115 SC.A 4=9)

P a g e | :7

belief that a crime has been committed and that the respondent is probabl" guilt" thereof' and should be held for trial0145 (enerall"' preliminar" in-estigation has a threeBfold purpose: (a) o in?uire concerning the commission of crime and the connection of accused /ith it' in order that he ma" be informed of the nature and character of the crime charged against him' and if there is probable cause for belie-ing him guilt"' that the state ma" ta+e the necessar" steps to bring him to trial> (b) (c) o preser-e the e-idence and +eep the /itnesses /ithin the o determine the amount of bail' if the offense is bailable0141 40 2ho ma" conduct determination of e3istence of probable cause (a) Pro-incial or cit" prosecutors and their assistants: (b) National and .egional State Prosecutors> and (c) @ther officers as ma" be authori$ed b" la/141 heir authorit" to conduct preliminar" in-estigation shall include all crimes cogni$able b" the proper court in their respecti-e territorial jurisdictions0144 60 .esolution of in-estigation prosecutor
145

control of the state> and

Sec0 1 he basic purpose of preliminar" in-estigation is to determine /hether a crime has been committed and /hether there is probable cause to belie-e that the accused is guilt" thereof (Cruz- *r. vs. ,eople' ;1 SCA& ;1: ' ,une 17' 1996) 141 "rula vs. %spino' 1= SC.A ;65 L19:9M 141 C@M)D)C' PC((' @mbudsman @n the basis of the e-idence before him' the in-estigating officer must decide /hether to dismiss the case or to file the information in court0 his in-ol-es the determination of probable cause0 Although there is no general formula or fi3ed rule for the determination of probable cause since the same must be decided in the light of the conditions obtaining in gi-en situations and its e3istence depends to a large degree upon the finding or opinion of the municipal trial judge or prosecutor conducting the e3amination' such a finding should not disregard the facts before him nor run counter to the clear dictates of reasons ( !rtiz vs. ,alaypayon' 146 SC.A 491) he Court has maintained the polic" of nonBinterference in the determination of the e3istence of probable cause' pro-ided there is no gra-e abuse in the e3ercise of such discretion0 he rule is based not onl" upon respect for the in-estigator" and prosecutor po/ers of prosecutors upon practicalit" as /ell ( Ro$rigo- *r. vs. San$iganbayan ' 454 SC.A 459) 144 Sec0 1' as amended b" AM 5;B=B1:BSC' @ct0 4' 155;

P a g e | :=

%f the in-estigating prosecutor finds cause to hold the respondent for trial' he shall prepare the resolution and information0 #e shall certif" under oath in the information that he' or as sho/n b" the record' an authori$ed officer' has personall" e3amined the complainant and his /itnesses> that there is reasonable ground to belie-e that a crime has been committed and that the accused is probabl" guilt" thereof> that the accused /as informed of the complaint and of the e-idence submitted against him> and that he /as gi-en an opportunit" to submit contro-erting e-idence0 @ther/ise' he shall recommend the dismissal of the complaint0 2ithin fi-e (;) da"s from his resolution' he shall for/ard the record of the case to the pro-incial or cit" prosecutor or chief state prosecutor' or to the @mbudsman or his deput" in cases of offenses cogni$able b" the San$iganbayan in the e3ercise of its original jurisdiction0 he" shall act on the resolution /ithin ten (15) da"s from their receipt thereof and shall immediatel" inform the parties of such action0 No complaint or information ma" be filed or dismissed b" an in-estigating prosecutor /ithout the prior /ritten authorit" or appro-al of the pro-incial or cit" prosecutor or chief state prosecutor or the @mbudsman or his deput"0 2here the in-estigating prosecutor recommends the dismissal of the complaint but his recommendation is disappro-ed b" the pro-incial or cit" prosecutor or chief state prosecutor or the @mbudsman or his deput" on the ground that a probable cause e3ists' the latter ma"' b" himself' file the information against the respondent' or direct another assistant prosecutor or state prosecutor to do so /ithout conducting another preliminar" in-estigation0 %f' upon petition b" a proper part" or motu proprio' the Secretar" of ,ustice re-erses or modifies the resolution of the pro-incial or cit" prosecutor or chief state prosecutor' he shall direct the prosecutor concerned either to file the corresponding information /ithout conducting another preliminar" in-estigation' or to dismiss or mo-e for dismissal of the complaint or information /ith notice to the parties0 he same .ule shall appl" in the preliminar" in-estigations conducted b" the officers of the @ffice of the @mbudsman0146 ;0 .e-ie/ A preliminar" in-estigation falls under the authorit" of the state prosecutor /ho is gi-en b" la/ the po/er to direct and control criminal actions0 #e is' ho/e-er' subject to the control of the Secretar" of ,ustice' /hich the latter ma" e3ercise motu propio or upon petition of the proper part"0 %n re-ie/ing resolutions of state prosecutors' the Secretar" of ,ustice is not precluded from considering errors' although unassigned' for
146

Sec0 6

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the purpose of determining /hether there is probable cause for filing cases in court014; &ecisions or resolutions of prosecutors are subject to appeal to the Secretar" of ,ustice0 he Secretar" of ,ustice e3ercises the po/er of direct control and super-ision o-er prosecutors' and ma" thus affirm' nullif"' re-erse or modif" their rulings0 Super-ision and control include the authorit" to act directl" /hene-er specific function is entrusted b" la/ or regulation to a subordinate> direct the performance of dut"> restrain the commission of acts> re-ie/' appro-e' re-erse or modif" acts and decisions of subordinate officials0 An" specific po/er' authorit"' dut"' function or acti-it" entrusted to a chief of a bureau' office' di-ision or ser-ice shall be understood as also conferred upon the Secretar" of ,ustice /ho shall ha-e the authorit" to act directl" in pursuance thereof' or to re-ie/' modif"' re-o+e an" decision or action of said chief of bureau' office' di-ision or ser-ice014: :0 2hen /arrant of arrest ma" issue C" the .egional rial Court0 2ithin ten (15) da"s from the filing of the complaint or information' the judge shall personall" e-aluate the resolution of the prosecutor and its supporting e-idence0 #e ma" immediatel" dismiss the case if the e-idence on record clearl" fails to establish probable cause0 %f he finds probable cause' he shall issue a /arrant of arrest' or a commitment order if the accused has alread" been arrested pursuant to a /arrant issued b" the judge /ho conducted the preliminar" in-estigation or /hen the complaint or information /as filed pursuant to section :147 of
14; 14:

C" the Municipal rial Court0 2hen re?uired pursuant to the second paragraph of Section 1149 of this .ule' the preliminar" in-estigation of cases falling under the original jurisdiction of the Metropolitan rial Court' Municipal rial Court in Cities' Municipal rial Court' or Municipal Circuit rial Court shall be conducted b" the prosecutor0 he procedure for the issuance of a /arrant of arrest b" the judge shall be go-erned b" paragraph (a)165 of this section0

*oa'uin- *r. vs. Drilon' 451 SC.A 11; Sec0 47' .0A0 47=4> Dimatulac vs. (illon' 197 SC.A :79

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this .ule014=

70 Cases not re?uiring a preliminar" in-estigation %f filed /ith the prosecutor %f the complaint is filed directl" /ith the prosecutor in-ol-ing an offense punishable b" imprisonment of less than four (6) "ears' t/o (1) months and one (1) da"' the procedure outlined in Section 4(a)161 of this .ule shall be obser-ed0 he prosecutor shall act on the complaint based on the affida-its and other supporting documents submitted b" the complainant /ithin (15) da"s from its filing0 %f filed /ith the Municipal Court rial

%f the complaint or information is filed /ith the Municipal rial Court or Municipal Circuit rial Court' for an offense co-ered b" this section' the procedure in section 4(a)161 of this .ule shall be obser-ed0164 %f /ithin ten (15) da"s after the filing of the complaint or information' the judge finds no probable cause after personall" e-aluating the e-idence or after personall" e3amining in /riting and under oath the complainant and his /itnesses in the form of searching ?uestions and ans/ers' he shall dismiss the same0 #e ma"' ho/e-er' re?uire the submission of additional e-idence' /ithin ten (15) da"s from notice' to determine further the e3istence of probable cause0 %f the judge still finds no probable cause despite the additional e-idence' he shall' /ithin ten (15) da"s from its submission or e3piration of the

147 14=

supra %n case of doubt on the e3istence of probable cause' the judge ma" order the prosecutor to present additional e-idence /ithin fi-e (;) da"s from notice and the issue must be resol-ed b" the court /ithin thirt" (45) da"s from the filing of the complaint or information0 2hen /arrant of arrest not necessar": A /arrant of arrest shall not issue if the accused is alread" under detention pursuant to a /arrant issued b" the Municipal rial Court in accordance /ith paragraph (b) of this section' or if the complaint or information /as filed pursuant to section : of this .ule or is for an offense penali$ed b" fine onl"0 he court shall then proceed in the e3ercise of its original jurisdiction (Sec0 ;' as amended b" AM 5;B=B1:BSC)

P a g e | 71

said period' dismiss the case0 2hen he finds probable cause' he shall issue a /arrant of arrest' or a commitment order if the accused had alread" been arrested' and hold him for trial0

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#o/e-er' if the judge is satisfied that there is no necessit" for placing the accused under custod"' he ma" issue summons instead of a /arrant of

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arrest0166 =0 .emedies of accused if there /as no preliminar" in-estigation @ne remed" is to hold in abe"ance the proceedings and order the prosecutor to hold preliminar" in-estigation016; %f the case has been conducted' the accused ma" /ithin fi-e (;) da"s from the time he learns of its filing as+ for a preliminar" in-estigation0 16: he fi-e B da" period to file the motion for preliminar" in-estigation is mandator"' and an accused is entitled to as+ for preliminar" in-estigation b" filing the motion /ithin the said period0167 90 %n?uest %t is a summar" in-estigation conducted b" a public prosecutor in criminal cases in-ol-ing persons arrested and detained /ithout the benefit of a /arrant of arrest issued b" the court for the purpose of determining /hether or not said persons should remain under custod" and correspondingl" be charged in court0 Such proceedings must terminate /ithin the period prescribed under Art0 11;16=of the .e-ised Penal Code0 E. Arrest169
165 149

see C" the .egional Court' abo-e supra 161 he complaint shall state the address of the respondent and shall be accompanied b" the affida-its of the complainant and his /itnesses' as /ell as other supporting documents to establish probable cause0 he" shall be in such number of copies as there are respondents' plus t/o (1) copies for the official file0 he affida-its shall be subscribed and s/orn to before an" prosecutor or go-ernment official authori$ed to administer oath' or' in their absence or una-ailabilit"' before a notar" public' each of /hom must certif" that he personall" e3amined the affiants and that he is satisfied that the" -oluntaril" e3ecuted and understood their affida-its0 161 supra 164 Sec0 = 166 %bid0 16; ,ilapil vs. San$iganbayan' April 7' 1994 16: Sec0 7' last par0 167 he failure to file the motion /ithin the fi-eBda" period amounts to a /ai-er of the right to as+ for preliminar" in-estigation0 Apart from such /ai-er' posting bail /ithout pre-iousl" or simultaneousl" demanding for a preliminar" in-estigation justifies denial of the motion for in-estigation (,eople vs. C"' 161 SC.A :6;) 16= /el-e (11) hours' for crimes or offenses punishable b" light penalties' or their e?ui-alent> )ighteen (1=) hours' for crimes or offenses punishable b" correctional penalties' or their e?ui-alent hirt"Bsi3 (4:) hours' for crimes' or offenses punishable b" afflicti-e or capital penalties' or their e?ui-alent 169 .ule 114

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he ta+ing of a person into custod" in order that he ma" be bound to ans/er for the commission of an offense01;5 10 Arrest' ho/ made C" an actual restraint of a person to be arrested' or b" his submission to the custod" of the person ma+ing the arrest0 No -iolence or unnecessar" force shall be used in ma+ing an arrest0 he person arrested shall not be subject to a greater restraint than is necessar" for his detention01;1 10 Arrest /ithout /arrant' /hen la/ful A peace officer or a pri-ate person ma"' /ithout a /arrant' arrest a person: (a) 2hen' in his presence' the person to be arrested has committed' is actuall" committing' or is attempting to commit an offense> (b) 2hen an offense has just been committed and he has probable cause to belie-e based on personal +no/ledge of facts or circumstances that the person to be arrested has committed it> and (c) 2hen the person to be arrested is a prisoner /ho has escaped from a penal establishment or place /here he is ser-ing final judgment or is temporaril" confined /hile his case is pending' or has escaped /hile being transferred from one confinement to another0 %n cases falling under paragraphs (a) and (b) abo-e' the person arrested /ithout a /arrant shall be forth/ith deli-ered to the nearest police

1;5 1;1

Sec0 1 Sec0 1

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station or jail and shall be proceeded against in accordance /ith Section 7 1;1 of .ule 11101;4 40 Method of arrest a0 b" officer /ith /arrant he officer shall inform the person to be arrested of the cause of the arrest and the fact that a /arrant has been issued for his arrest' e3cept /hen he flees or forcibl" resists before the officer has opportunit" to so inform him' or /hen the gi-ing of such information /ill imperil the arrest0 he officer need not ha-e the /arrant in his possession at the time of the arrest but after the arrest' if the person arrested so re?uires' the /arrant shall be sho/n to him as soon as practicable01;6 b0 b" officer /ithout /arrant he officer shall inform the person to be arrested of his authorit" and the cause of the arrest' unless the latter is either engaged in the commission of an offense' is pursued immediatel" after its commission' has escaped' flees or forcibl" resists before the officer has opportunit" to so inform him' or /hen the gi-ing of such information /ill imperil the arrest01;; c0 b" pri-ate person A pri-ate person shall inform the person to be arrested of the intention to arrest him and cause of the arrest' unless the latter is either engaged in the commission of an offense' is pursued immediatel" after its commission' or has escaped' flees or forcibl" resists before the person ma+ing the arrest

1;1

2hen a person is la/full" arrested /ithout a /arrant in-ol-ing an offense /hich re?uires a preliminar" in-estigation' the complaint or information ma" be filed b" a prosecutor /ithout need of such in-estigation pro-ided an in?uest has been conducted in accordance /ith e3isting rules0 %n the absence or una-ailabilit" of an in?uest prosecutor' the complaint ma" be filed b" the offended part" or a peace officer directl" /ith the proper court on the basis of the affida-it of the offended part" or arresting officer or person0 Cefore the complaint or information is filed' the person arrested ma" as+ for a preliminar" in-estigation in accordance /ith this .ule' but he must sign a /ai-er of the pro-ision of Article 11; of the .e-ised Penal Code' as amended' in the presence of his counsel0 Not/ithstanding the /ai-er' he ma" appl" for bail and the in-estigation must be terminated /ithin fifteen (1;) da"s from its inception0 After the filing of the complaint or information in court /ithout a preliminar" in-estigation' the accused ma"' /ithin fi-e (;) da"s from the time he learns of its filing' as+ for a preliminar" in-estigation /ith the same right to adduce e-idence in his defense as pro-ided in this .ule0 1;4 Sec0 ; 1;6 Sec07 1;; Sec0 =

P a g e | 7:

has opportunit" to so inform him' or /hen the gi-ing of such information /ill imperil the arrest01;: 60 .e?uisites of a -alid /arrant of arrest %ssued b" a . C judge:1;7 (a) 2ithin 15 da"s from the filing of the complaint or information (b) he judge shall personall" e-aluate the resolution of the prosecutor and its supporting e-idence0 (c) %f he finds probable cause' he shall issue a /arrant of arrest (d) %n case of doubt on the e3istence of probable cause: 1) he judge ma" order the prosecutor to present additional e-idence /ithin ; da"s from notice> and 1) he issue must be resol-ed b" the court /ithin 45 da"s from the filing of the complaint of information0 ;0 &etermination of Probable Cause for issuance of /arrant of arrest %t is the judge alone /ho determines the probable cause for the issuance of /arrant of arrest0 %t is not for the pro-incial fiscal or prosecutor to ascertain01;= :0 &istinguish probable cause of fiscal from that of a judge Probable cause to hold a person for trial refers to the finding of the in-estigating prosecutor after the conduct of a preliminar" in-estigation' that there is sufficient ground to hold a /ellBfounded belief that a crime has been committed and that the respondent is probabl" guilt" thereof and should be held for trial0 Cased on such finding' the in-estigating prosecutor files the
1;: 1;7

Sec0 9 under Sec0 ;' .ule 111 .e?uisites for issuing search /arrant: (a) %t must be issued upon probable cause in connection /ith one specific offense> (b) he probable cause must be determined b" the judge himself and not b" the applicant or an" other person> (c) %n the determination of probable cause' the judge must e3amine under oath or affirmation' the complainant and the /itness he ma" produce> and (d) he /arrant issued must particularl" describe the place to be searched and the things to be sei$ed /hich ma" be an"/here in the Philippines0 (under Sec0 6' .ule 11:) 1;= ,eople vs. Inting' 1=7 SC.A 7==

P a g e | 77

corresponding complaint or information in the competent court against the accused01;9 he determination b" the judge of probable cause begins onl" after the prosecutor has filed the information in court and the latterAs determination of probable cause is for the purpose of issuing an arrest /arrant against the accused' /hich is judicial function01:5 . Bail1:1 10 Nature Cail is the securit" gi-en for the release of a person in custod" of the la/' furnished b" him or a bondsman' to guarantee his appearance before an" court as re?uired under the conditions hereinafter specified0 Cail ma" be gi-en in the form of corporate suret"' propert" bond' cash deposit' or recogni$ance01:1 All persons' e3cept those charged /ith offenses punishable b" reclusion perpetua /hen e-idence of guilt is strong' shall before con-iction'
1;9

he determination b" the prosecutor of probable cause is for the purpose of either filing an information in court or dismissing the charges against the respondent' /hich is an e3ecuti-e function0 1:5 ,eople vs. C"' 451 SC.A 67; he determination of probable cause to issue a /arrant of arrest is a judicial function0 A judge cannot be compelled to issue a /arrant of arrest if he or she belie-es honestl" that there is no probable cause for doing so (,eople vs. C"' 151 SCA& 47;) 1:1 .ule 116 1:1 Sec0 1 Cail is the securit" re?uired b" the court and gi-en b" the accused to ensure that the accused appear before the proper court at the scheduled time and place to ans/er the charges brought against him0 %t is a/arded to the accused to honor the presumption of innocence until his guilt is pro-en be"ond reasonable doubt' and to enable him to prepare his defense /ithout being subject to punishment prior to con-iction ;Cortes vs. Catral' 179 SC.A 1) %ts main purpose is to relie-e an accused from the rigors of imprisonment until his con-iction and secure his appearance at the trial (,a$eranga vs. C"' 167 SC.A 761) Iinds of bail: (a) Corporate bond N one issued b" a corporation licensed to pro-ide bail subscribed jointl" b" the accused and an officer dul" authori$ed b" its board of directors (Sec0 15) (b) Propert" bond N an underta+ing constituted as a lien on the real propert" gi-en as securit" for the amount of the bond (Sec0 16)0 (c) .ecogni$ance N an obligation of record entered into usuall" b" the responsible members of the communit" before some court or magistrate dul" authori$ed to ta+e it' /ith the condition to do some particular act' the most usual act being to assure the appearance of the accused for trial (,eople vs. "bner' =7 Phil0 ;::) (d) Cash deposit N the mone" deposited b" the accused or an" person acting on his behalf' /ith the nearest collector of internal re-enue' or pro-incial' cit" or municipal treasurer0 Considered as bail' it ma" be applied to the pa"ment of an" fees and costs' and the e3cess' if an"' shall be returned to the accused or to /hoe-er made the deposit (Sec0 16)

P a g e | 7=

be bailable b" sufficient sureties' or be released on recogni$ance as ma" be pro-ided b" la/0 he right to bail shall not be impaired e-en /hen the pri-ilege of the /rit of +abeas corpus is suspended0 )3cessi-e bail shall not be re?uired01:4 he person see+ing pro-isional release need not /ait for a formal complaint or information to be filed against him as it is a-ailable to all persons /here the offense is bailable' so long as the applicant is in the custod" of the la/01:6 10 2hen a matter of right> e3ceptions As a matter of right (a) before or after con-iction b" the Metropolitan rial Court' Municipal rial Court' Municipal rial Court in Cities' or Municipal Circuit rial Court' and (b) before con-iction b" the .egional rial Court of an offense not punishable b" death' reclusion perpetua' or life imprisonment01:; )3ceptions: (a) /hen a person is charged /ith a capital offense /hen the e-idence of guilt is strong' or (b) /hen the offense for /hich he is charged is punishable b" reclusion perpetua01:: 40 2hen a matter of discretion Hpon con-iction b" the .egional rial Court of an offense not punishable b" death' reclusion perpetua' or life imprisonment01:7
1:4 1:6

Sec0 14' Art0 %%%' he Constitution %bid0 1:; Sec0 6 1:: he e3ception to this rule' ho/e-er' is e-en if a person is charged /ith a capital offense /here the e-idence of guilt is strong' if the accused has failing health' hence' for humanitarian reasons' he ma" be admitted to bail' but that is discretionar" on the part of the court (De .a Ramos vs. ,eople<s Court' 77 Phil0 6:1 Catiis vs. C"' 6=7 SC.A 71) 1:7 2here the grant of bail is a matter of discretion' or the accused see+s to be released on recogni$ance' the application ma" onl" be filed in the court /here the case is pending' /hether on preliminar" in-estigation' trial' or on appeal (Sec0 17LaM) he application for bail ma" be filed and acted upon b" the trial court despite the filing of a notice of appeal' pro-ided it has not transmitted the original record to the appellate court0 #o/e-er' if the decision of the trial court con-icting the accused changed the nature of the offense from nonBbailable to bailable' the application for bail can onl" be filed /ith and

P a g e | 79

60 #earing of application for bail1:= in capital offenses &oes not onl" in-ol-e the right of the accused to temporar" libert"' but li+e/ise the right of the State to protect the people and the peace of the communit" from dangerous elements0 Accordingl"' the prosecution must be gi-en ample opportunit" to sho/ that the e-idence of guilt is strong' because' b" the -er" nature of deciding applications for bail' it is on the basis of such e-idence that judicial discretion is e3ercised in determining /hether the e-idence of guilt is strong is a matter of judicial discretion0 hough not absolute nor be"ond control' the discretion is /ithin reasonable bounds01:9 ;0 (uidelines in fi3ing amount of bail Primaril"' but not limited to' the follo/ing factors: (a) !inancial abilit" of the accused to gi-e bail> (b) Nature and circumstances of the offense> (c) Penalt" for the offense charged> (d) Character and reputation of the accused> (e) Age and health of the accused>
resol-ed b" the appellate court0 Should the court grant the application' the accused ma" be allo/ed to continue on pro-isional libert" during the pendenc" of the appeal under the same bail subject to the consent of the bondsman0 %f the penalt" imposed b" the trial court is imprisonment e3ceeding si3 (:) "ears' the accused shall be denied bail' or his bail shall be cancelled upon a sho/ing b" the prosecution' /ith notice to the accused' of the follo/ing or other similar circumstances: (a) hat he is a recidi-ist' ?uasiBrecidi-ist' or habitual delin?uent' or has committed the crime aggra-ated b" the circumstance of reiteration> (b) hat he has pre-iousl" escaped from legal confinement' e-aded sentence' or -iolated the conditions of his bail /ithout -alid justification> (c) hat he committed the offense /hile under probation' parole' or under conditional pardon> (d) hat the circumstances of his case indicate the probabilit" of flight if released on bail> or (e) hat there is undue ris+ that he ma" commit another crime during the pendenc" of the appeal0 he appellate court ma"' motu proprio or on motion of an" part"' re-ie/ the resolution of the .egional rial Court after notice to the ad-erse part" in either case (Sec0 ;' .ule 116) 1:= A hearing in an application for bail is absolutel" indispensable before a judge can properl" determine /hether the prosecutionAs e-idence is /ea+ or strong0 %n recei-ing e-idence on bail' /hile a court is not re?uired to tr" the merits of the case' he must ne-ertheless conduct a summar" hearing /hich is Psuch brief and speed" method of recei-ing and considering the e-idence of guilt as is practicable and consistent /ith the purpose of the hearing /hich is to determine the /eight of the e-idence for purposes of the bail ( In re= complaint against *u$ge %lma' AM . ,B96B11=4' !eb0 =' 1996) 1:9 ,eople vs. "ntona' (. 147:=1' ,an0 41' 1551

P a g e | =5

(f) 2eight of the e-idence against the accused> (g) Probabilit" of the accused appearing at the trial> (h) !orfeiture of other bail> (i) he fact that the accused /as a fugiti-e from justice /hen arrested> and (j) Pendenc" of other cases /here the accused is on bail0 )3cessi-e bail shall not be re?uired0175 :0 Cail /hen not re?uired 2hen the la/ or these .ules so pro-ide0171 70 %ncrease or .eduction of Cail After the accused is admitted to bail' the court ma"' upon good cause' either increase or reduce its amount0171 =0 !orfeiture and Cancellation of bail 2hen the presence of the accused is re?uired b" the court or these .ules' his bondsmen shall be notified to produce him before the court on a gi-en date and time0

175

A judge should not hear a petition for bail in capital offenses on the same da" that the petition /as filed0 #e should gi-e the prosecution a reasonable time /ithin /hich to oppose the same0 Neither is he supposed to grant bail solel" on the belief that the accused /ill not flee during the pendenc" of the case b" reason of the fact that he had e-en -oluntaril" surrendered to the authorities0 *oluntar" surrender is merel" a mitigating circumstance in decreasing the penalt" that ma" e-entuall" be imposed upon the accused in case of con-iction but is not a ground for granting bail to an accused charged /ith a capital offense (Sule vs. *u$ge Bitgeng' :5 SCA& 461'April 1=' 199;) Sec0 9 171 2hen a person has been in custod" for a period e?ual to or more than the possible ma3imum imprisonment prescribed for the offense charged' he shall be released immediatel"' /ithout prejudice to the continuation of the trial or the proceedings on appeal0 %f the ma3imum penalt" to /hich the accused ma" be sentenced is $estierro' he shall be released after thirt" (45) da"s of pre-enti-e imprisonment0 A person in custod" for a period e?ual to or more than the minimum of the principal penalt" prescribed for the offense charged' /ithout application of the %ndeterminate Sentence Da/ or an" modif"ing circumstance' shall be released on a reduced bail or on his o/n recogni$ance' at the discretion of the court (Sec0 1:) 171 2hen increased' the accused ma" be committed to custod" if he does not gi-e bail in the increased amount /ithin a reasonable period0 An accused held to ans/er a criminal charge' /ho is released /ithout bail upon filing of the complaint or information' ma"' at an" subse?uent stage of the proceedings /hene-er a strong sho/ing of guilt appears to the court' be re?uired to gi-e bail in the amount fi3ed' or in lieu thereof' committed to custod"0 (Sec0 15)

P a g e | =1

%f the accused fails to appear in person as re?uired' his bail shall be declared forfeited and the bondsmen gi-en thirt" (45) da"s /ithin /hich to produce their principal and to sho/ cause /h" no judgment should be rendered against them for the amount of their bail0 2ithin the said period' the bondsmen must: (a) produce the bod" of their principal or gi-e the reason for his nonB production> and (b) e3plain /h" the accused did not appear before the court /hen first re?uired to do so0 !ailing in these t/o re?uisites' a judgment shall be rendered against the bondsmen' jointl" and se-erall"' for the amount of the bail0 he court shall not reduce or other/ise mitigate the liabilit" of the bondsmen' unless the accused has been surrendered or is ac?uitted0174 Hpon application of the bondsmen' /ith due notice to the prosecutor' the bail ma" be cancelled upon surrender of the accused or proof of his death0 he bail shall be deemed automaticall" cancelled upon ac?uittal of the accused' dismissal of the case' or e3ecution of the judgment of con-iction0 %n all instances' the cancellation shall be /ithout prejudice to an" liabilit" on the bail0176 90 Application not a bar to objections in illegal arrest' lac+ of or irregular preliminar" in-estigation he posting of the bail does not constitute a /ai-er of an" ?uestion on the irregularit" attending the arrest of person0 #e can still ?uestion the same before arraignment' other/ise' the right to ?uestion it is deemed /ai-ed017;
174 176

Sec0 11 Sec0 11 17; %t /as also said that posting bail is deemed to be a forfeiture of a +abeas corpus petition /hich becomes moot and academic ("rriba vs. ,eople Q57 SC.A 191> Bagcal vs. (illaroza' 115 SC.A ;1;) he arraignment of an accused is not a prere?uisite to the conduct of hearings on his petition for bail0 A person is allo/ed to petition for bail as soon as he is depri-ed of his libert" b" -irtue of his arrest or -oluntar" surrender ( Men$oza vs. C#I o& >uezon' ;1 SCA& 4:9) An accused need not /ait for his arraignment before filing a petition for bail0 %n cases /here it is authori$ed' bail should be granted before arraignment' other/ise the accused ma" be precluded from filing a motion to ?uash0 his pronouncement should be understood in the light of the fact that the accused in said case filed a petition for bail as /ell as a motion to ?uash the informations filed against him (.avi$es vs. C"' 416 SC.A 411) %t /as e3plained that to condition the grant of bail to an accused on his arraignment /ould be to place him in a position /here he has to choose bet/een:

P a g e | =1

An application for or admission to bail shall not bar the accused from challenging the -alidit" of his arrest or the legalit" of the /arrant issued therefor' or from assailing the regularit" or ?uestioning the absence of a preliminar" in-estigation of the charge against him' pro-ided that he raises them before entering his plea017: 150 #old &eparture @rder R Cureau of %mmigration 2atchlist he authorit" to issue hold departure orders is limited to the . Cs in criminal cases /ithin their e3clusi-e jurisdiction0177 Conse?uentl"' M C judges ha-e no authorit" to issue holdBdeparture orders' follo/ing the ma3im' Ee3press mention implies the e3clusion0F Neither does he ha-e authorit" to cancel one /hich he issued017= A court has the po/er to prohibit a person admitted to bail from lea-ing the Philippines0 his is a necessar" conse?uence of the nature and function of a bail bond0 2here it appears that the accused had the propensit" to e-ade or disobe" la/ful orders' the issuance of a hold departure order is /arranted0179 #. .i!"ts of t"e Accused1=5 10 .ights of accused at the trial (a) o be presumed innocent until the contrar" is pro-ed be"ond reasonable doubt0
(1) filing a motion to ?uash and thus dela" his release on bail because until his motion to ?uash can be resol-ed' his arraignment cannot be held> and (1) foregoing the filing of a motion to ?uash so that he can be arraigned at once and thereafter be released on bail0 his /ould undermine his constitutional right not to be put on trial e3cept upon a -alid complaint or information sufficient to charge him /ith a crime and his right to bail0 %t is therefore not necessar" that an accused be first arraigned before the conduct of hearings on his application for bail0 !or /hen bail is a matter of right' an accused ma" appl" for and be granted bail e-en prior to arraignment0 ( Serapio vs. San$iganbayan' (0.0 Nos0 16=6:=B:9' 16911:' ,an0 1=' 1554) 17: he court shall resol-e the matter as earl" as practicable but not later than the start of the trial of the case (Sec0 1:)0 177 SC Cir0 No0 49B97 dated ,une 19' 1997 17= 1ugglan$ vs. .antin' AM M ,B9=B11;4' !eb0 19' 1555 179 Santos vs. C"' 11: SCA& ;7;' &ec0 4' 1999 he fact that the accused surreptitiousl" left for #ong+ong' after getting a clearance for purposes of lea-ing the countr" but /ithout permission of the trial court' and thereafter could not return for trial as she /as imprisoned in #ong+ong for a criminal offense' does not relie-e the bondsman of liabilit"0 1=5 .ule 11;

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(b) him0

o be informed of the nature and cause of the accusation against

(c) o be present and defend in person and b" counsel at e-er" stage of the proceedings' from arraignment to promulgation of the judgment01=1 (d) o testif" as a /itness in his o/n behalf but subject to crossB e3amination on matters co-ered b" direct e3amination0 #is silence shall not in an" manner prejudice him> (e) himself0 (f) trial01=1 o be e3empt from being compelled to be a /itness against o confront and crossBe3amine the /itnesses against him at the

(g) o ha-e compulsor" process issued to secure the attendance of /itnesses and production of other e-idence in his behalf0 (h) (i) la/0
1=4

o ha-e speed"' impartial and public trial0 o appeal in all cases allo/ed and in the manner prescribed b" 10 .ights of persons under Custodial %n-estigation1=6

1=1

he accused ma"' ho/e-er' /ai-e his presence at the trial pursuant to the stipulations set forth in his bail' unless his presence is specificall" ordered b" the court for purposes of identification0 he absence of the accused /ithout an" justifiable cause at the trial of /hich he had notice shall be considered a /ai-er of his right to be present thereat0 2hen an accused under custod" escapes' he shall be deemed to ha-e /ai-ed his right to be present on all subse?uent trial dates until custod" o-er him is regained0 Hpon motion' the accused ma" be allo/ed to defend himself in person /hen it sufficientl" appears to the court that he can properl" protect his rights /ithout the assistance of counsel0 1=1 )ither part" ma" utili$e as part of its e-idence the testimon" of a /itness /ho is deceased' out of or cannot /ith due diligence be found in the Philippines' una-ailable' or other/ise unable to testif"' gi-en in another case or proceeding' judicial or administrati-e' in-ol-ing the same parties and subject matter' the ad-erse part" ha-ing the opportunit" to crossBe3amine him0 1=4 Sec0 1 1=6 Custodial in-estigation in-ol-es an" ?uestioning initiated b" la/ enforcement officers after a person has been ta+en into custod" other/ise depri-ed of his freedom of action in an" significant /a"0 he right to custodial in-estigation begins onl" /hen the in-estigation is no longer a general in?uir" into an unsol-ed crime but has begun to focus on a particular suspect' the suspect has been ta+en into police custod"' the police carr" out a process of interrogations that lends itself to eliciting incriminating statements0 %t should be noted ho/e-er' that although the scope of the constitutional right is limited to the situation in %scobe$o an$ Marra' .A 764= has e3tended the guarantee to situations in /hich an indi-idual has not been formall" arrested but has merel" been in-ited for ?uestioning (,eople vs. Dumantay' (0.0 145:11' Ma" 11' 1999> ,eople vs. ,rincipe' (0.0 14;=:1' Ma" 1' 1551)0 he rights of an accused person under inBcustod" in-estigation are e3pressl" enumerated in Sec0 11' Art0 %%% of the Constitution' viz:

P a g e | =6

hree (4) rights:1=; (a) (b) (c) he right to remain silent1=: he right to counsel1=7 he right to be informed of his rights1==

he follo/ing are the rights of persons arrested' detained or under custodial in-estigation:1=9 (a) An" person arrested' detained or under custodial in-estigation shall at all times be assisted b" counsel> (b) An" public officer or emplo"ee' or an"one acting under his order or in his place' /ho arrests' detains or in-estigates an" person for the commission of an offense shall inform the latter' in a language +no/n to and understood b" him' of his right to remain silent and to ha-e competent and independent counsel' preferabl" of his o/n choice' /ho shall at all times be
(a) An" person under in-estigation for the commission of an offense shall ha-e the right to be informed of his rights to remain silent and to ha-e competent and independent counsel preferabl" of his o/n choice0 %f the person cannot afford the ser-ices of counsel' he must be pro-ided /ith one0 hese rights cannot be /ai-ed e3cept in /riting and in the presence of counsel> (b) No torture' force' -iolence' intimidation or an" other means /hich -itiate the free /ill shall be used against him0 Secret detention places' solitar"' incommunicado' or other similar forms of detention are prohibited> (c) An" confession or admission in -iolation of this or Sec0 17 hereof shall be inadmissible in e-idence against him> (d) he la/ shall pro-ide for penal and ci-il sanctions for -iolation of this section as /ell as compensation to aid rehabilitation of -ictims of torture or similar practice' and their families0 1=; under Sec0 11(1) 1=: Hnder the right against selfBincrimination' onl" an accused has the absolute right to remain silent (Sec0 17)0 A person /ho is not an accused ma" assume the stance of silence onl" /hen as+ed an incriminator" ?uestion0 1=7 A person under in-estigation has the right to refuse to ans/er an" ?uestion (Sec0 11)0 #is silence' moreo-er' ma" not be used against him ( ,eople vs. "legre an$ Gor$oncillo ' 96 SC.A 159) )3ample of those /ho are not impartial counsel: (1) Special counsel' pri-ate or public prosecutor' counsel of the police' or a municipal attorne" /hose interest is ad-erse to that of the accused> (1) a ma"or' unless the accused approaches him as counselor or ad-iser> (4) a baranga" captain> (6) an" other /hose interest ma" be ad-erse to that of the accused ( ,eople vs. Toma'uin' (. 1441==' ,ul" 14' 1556)> 1== he right guaranteed here is more than /hat is sho/n in tele-ision sho/s /here the police routinel" reads out the rights from a note card> he must also e3plain their effects in practical terms (,eople vs. Rojas- 167 SC.A 1:9) Short of this' there is a denial of the right' as it cannot then trul" be said that the person has been informed of his rights ( ,eople vs. 0ican$ro' 161 SC.A 1=9) 1=9 Hnder .0A0 7=46

P a g e | =;

allo/ed to confer pri-atel" /ith the person arrested' detained or under custodial in-estigation0 %f such person cannot afford the ser-ices of his o/n counsel' he must be pro-ided /ith a competent and independent counsel b" the in-estigating officer> (c) he custodial in-estigation report shall be reduced to /riting b" the in-estigating officer' pro-ided that before such report is signed' or thumbmar+ed if the person arrested or detained does not +no/ ho/ to read and /rite' it shall be read and ade?uatel" e3plained to him b" his counsel or b" the assisting counsel pro-ided b" the in-estigating officer in the language or dialect +no/n to such arrested or detained person' other/ise' such in-estigation report shall be null and -oid and of no effect /hatsoe-er> (d) An" e3trajudicial confession made b" a person arrested' detained or under custodial in-estigation shall be in /riting and signed b" such person in the presence of his counsel or in the latterAs absence' upon a -alid /ai-er' and in the presence of an" of the parents' older brothers and sisters' his spouse' the municipal ma"or' the municipal judge' district school super-isor' or priest or minister of the gospel as chosen b" him> other/ise' such e3trajudicial confession shall be inadmissible as e-idence in an" proceeding> (e) An" /ai-er b" person arrested or detained under the pro-isions of Art0 11;195 of the .e-ised Penal Code or under custodial in-estigation' shall be in /riting signed b" such person in the presence of his counsel> other/ise' such /ai-er shall be null and -oid and of no effect> (f) An" person arrested or detained or under custodial in-estigation shall be allo/ed -isits b" his or conferences /ith an" member of his immediate famil"' or an" medical doctor or priest or religious minister chosen b" him or b" his counsel' or b" an" national N(@ dul" accredited b" the @ffice of the President0 he personAs immediate famil" shall include his or her spouse' fiancS or fiancSe' parent or child' brother or sister' grandparent or grandchild' uncle or aunt' nephe/ or niece and guardian or /ard0 %. Arrai!nment and Plea191 Arraignment is the initial step in a criminal prosecution /hereb" the defendant is brought before the court to hear the charges and to enter a plea0191 Arraignment is important because it is the mode of implementing the constitutional right to be informed of the nature of the accusation against
195 191 191

supra .ule 11: Clac+Gs Da/ &ictionar"' 9th )d0

P a g e | =:

him' and to fi3 the identit" of the accused0 %t is not a mere formalit"' but an integral part of due process' it implements the constitutional right of the accused to be informed and the right to speed" trial0194 Arraignment and plea must appear either in the record of the case' in the minutes of the courtGs proceedings or in the judgment itself 196 or in the transcript of stenographic notes019; !ailure to enter of record the fact of arraignment and plea does not affect the -alidit" of the court proceedings0 %t is failure to arraign the accused /hich is fatal0 10 Arraignment and Plea' ho/ made Arraignment consists in: (a) .eading in open court b" the judge or cler+ of the complaint or information in the language or dialect +no/n to the accused> (b) As+ing the accused /hether he pleads guilt" or not guilt"> and
(a) !urnishing the accused a cop" of the complaint or information /ith

the list of /itnesses019:

194

.umanla7 vs. ,eralta' 6=1 SC.A 49: Some rules on arraignment: a) rial in absentia is allo/ed onl" after arraignment> b) ,udgment is generall" -oid if the accused has not been arraigned> c) here can be no arraignment in absentia> d) %f the accused /ent to trial /ithout arraignment' but his counsel had the opportunit" to crossBe3amine the /itnesses of the prosecution and after prosecution' he /as arraigned' the defect /as cured (,eople vs. "tienza' =: Phil0 ;7:) 196 2hen the accused is under pre-enti-e detention' his case shall be raffled and its records transmitted to the judge to /hom the case /as raffled /ithin three (4) da"s from the filing of the information or complaint0 he accused shall be arraigned /ithin ten (15) da"s from the date of the raffle0 he preBtrial conference of his case shall be held /ithin ten (15) da"s after arraignment0 ,eople vs. Cariaga' :6 Phil0 495 19; Camomot vs. Senining' :6 SC.A 1:7 19: he accused must be present at the arraignment and must personall" enter his plea0 #e must be arraigned before the court /here the complaint or information /as filed or assigned for trial0 he prosecution ma" call at the trial /itnesses other than those named in the complaint or information0 he pri-ate offended part" shall be re?uired to appear at the arraignment for purposes of plea B bargaining' determination of ci-il liabilit"' and other matters re?uiring his presence0 %n case of failure of the offended part" to appear despite due notice' the court ma" allo/ the accused to enter a plea of guilt" to a lesser offense /hich is necessaril" included in the offense charged /ith the conformit" of the trial prosecutor alone0 Hnless a shorter period is pro-ided b" special la/ or Supreme Court circular' the arraignment shall be held /ithin thirt" (45) da"s from the date the court ac?uires jurisdiction o-er the person of the accused0 he time of the pendenc" of a motion to ?uash or for a bill of particulars or other causes justif"ing suspension of the arraignment shall be e3cluded in computing the period (Sec0 1)

P a g e | =7

10 2hen should plea of not guilt" be entered (a) he accused so pleaded>

(b) 2hen he refuses to plead> (c) 2here in admitting the act charged' he sets up matters of defense or /ith a la/ful justification> (d) 2hen he enters a conditional plea of guilt> (e) 2here' after a plea of guilt' he introduces e-idence of selfBdefense or other e3culpator" circumstances > and (f) 2hen the plea is indefinite or ambiguous0197 At an" time before the judgment of con-iction becomes final' the court ma" permit an impro-ident plea of guilt" to be /ithdra/n and be substituted b" a plea of not guilt"019= 40 2hen ma" accused enter a plea of guilt" to a lesser offense %f there is consent of the other part" and the prosecutor0 %f he did so /ithout the consent of the offended part" and the prosecutor and he /as con-icted' his subse?uent con-iction in the crime charged /ould not place him in double jeopard"0199 60 Accused plead guilt" to capital offense' /hat the court should do (a) %t should conduct searching in?uir" into the -oluntariness and full comprehension of the conse?uences of the plea> (b) %t should re?uire the prosecution to pro-e the guilt of the accused and the precise degree of culpabilit"> and

197

?S vs. @elly' 4; Phil 619> ,eople vs. Sabilul' 94 Phil0 ;:7> ,eople vs. Balisacan> ,eople vs. Stron' DB4=:1:' Mar0 16' 197; 19= Sec0 ; 199 At the arraignment' the accused' /ith the consent of the offended part" and the prosecutor' ma" be allo/ed b" the trial court to plead guilt" to a lesser offense /hich is necessaril" included in the offense charged0 After arraignment but before trial' the accused ma" still be allo/ed to plead guilt" to said lesser offense after /ithdra/ing his plea of not guilt"0 No amendment of the complaint or information is necessar" (Sec0 1) %t has been held that the accused can still plead guilt" to a lesser offense after the prosecution has rested (,eople vs. (illarama' ,r0' 115 SC.A 16:> ,eople vs. .una' 176 SC.A 156)

P a g e | ==

(c) %t should in?uire /hether or not the accused /ishes to present e-idence on his behalf and allo/ him if he so desires0455 ;0 Searching %n?uir" %n all cases' the judge must con-ince himself a0 hat the accused is entering the plea of guilt" -oluntaril" and

intelligentl"> b0 hat he is trul" guilt"> c0 hat there e3ists a rational basis for a finding of guilt based on his testimon"0 %n addition' the judge must inform the accused of the e3act length of imprisonment and the certaint" that he /ill ser-e it at the national penitentiar" or a penal colon"0 he judge must dispel an" false notion that the accused ma" ha-e that he /ill get off lightl" because of his plea of guilt"0 :0 %mpro-ident plea Plea in-oluntaril" made and /ithout consent0 451 %t /ould be considered if there /as failure to conduct searching in?uir"' failure of prosecution to present e-idence' no rational basis bet/een testimon" and guilt0451 Courts must be careful to a-oid impro-ident pleas of guilt and' /here gra-e crimes are in-ol-ed' the proper course is to ta+e do/n e-idence to determine guilt and a-oid doubts0454
455 451

Sec0 4> ,eople vs. Dayot' 1=7 SC.A :47 batasnatin0com 451 %bid0 454 Con-iction based on an impro-ident plea of guilt" ma" be set aside onl" /hen such plea is the sole basis of the judgment0 Cut if the trial court relied on the e-idence of the prosecution and con-incing e-idence to con-ict be"ond reasonable doubt' not on his plea of guilt"' such con-iction must be sustained (,eople vs. .unia- (0.0 11=1=9' April 14' 1551) he /ithdra/al of an impro-ident plea of guilt"' to be substituted b" a plea of not guilt"' is permitted e-en after judgment has been promulgated but before the same becomes final0 2hile this .ule is silent on the matter' a plea of not guilt" can li+e/ise be /ithdra/n so that the accused ma" instead plead guilt" to the same offense' but for ob-ious reasons' this must be done before promulgation of judgment0 %n either case' ho/e-er' if the prosecution had alread" presented its /itnesses' the accused /ill generall" not be entitled to the mitigating circumstance based on a plea of guilt"0 ( ,eople vs. .umague ' (. ;4;=:' ,an0 41' 19=1)

P a g e | =9

70 (rounds for suspension of arraignment (a) he accused appears to be suffering from an unsound mental condition /hich effecti-el" renders him unable to full" understand the charge against him and to plead intelligentl" thereto0456 (b) here e3ists a prejudicial ?uestion> and

(c) A petition for re-ie/ of the resolution of the prosecutor is pending at either the &epartment of ,ustice' or the @ffice of the President> pro-ided' that the period of suspension shall not e3ceed si3t" (:5) da"s counted from the filing of the petition /ith the re-ie/ing office045; &. *otion to -uas"45: A h"pothetical admission of the facts alleged in the information0 457 10 (rounds (a) he facts charged do not constitute an offense> (b) charged> (c) he court tr"ing the case has no jurisdiction o-er the person of the accused> (d) he officer /ho filed the information had no authorit" to do so> (e) %t does not conform substantiall" to the prescribed form> (f) More than one offense is charged e3cept /hen a single punishment for -arious offenses is prescribed b" la/> (g) he criminal action or liabilit" has been e3tinguished045=
456

he court tr"ing the case has no jurisdiction o-er the offense

%n such case' the court shall order his mental e3amination and' if necessar"' his confinement for such purpose0 45; Sec0 11 45: .ule 117 457 #ence' the court in resol-ing the motion cannot consider facts contrar" to those alleged in the information or /hich do not appear on the face of the information' e3cept those admitted b" the prosecution (,eople vs. 0avarro' 7; Phil0 ;1:) he motion to ?uash must be filed before the arraignment0 hereafter' no motion to ?uash can be entertained b" the court' the onl" e3ceptions being those in Sec0 9 /hich adopts the omnibus motion rule' subject to said e3ceptions0 Sec0 4 has been amended to separatel" refer to lac+ to jurisdiction o-er the offense' not o-er the person of the accused since' b" filing a motion to ?uash on other grounds' the accused has submitted himself to the jurisdiction of the court0

P a g e | 95

(h) %t contains a-erments /hich' if true' /ould constitute a legal e3cuse or justification> and (i) he accused has been pre-iousl" con-icted or ac?uitted of the offense charged' or the case against him /as dismissed or other/ise terminated /ithout his e3press consent0459 10 &istinguish from demurrer to e-idence Motion to Juash415 )-idence411 2hen filed (round s411 At an" time before accused enters After the prosecution plea rests its case %nsufficienc" e-idence of &emurer to

he court ma" order that another he accused shall file )ffect if complaint or information be filed the demurrer to 416 granted e3cept as pro-ided in section : e-idence /ithin a nonB of this rule0 e3tendible period of ten (15) da"s from notice0 B %f the order is made' the accused' if in custod"' shall not he prosecution ma" be discharged unless admitted to oppose the demurrer bail0 to e-idence /ithin 15 da"s from receipt of the
45=

1) C" the death of the con-ict' as to the personal penalties> as to pecuniar" penalties' liabilit" therefor is e3tinguished onl" /hen the death of the offender occurs before final judgment0 1) C" ser-ice of the sentence> 4) C" amnest"' /hich completel" e3tinguishes the penalt" and all its effects> 6) C" absolute pardon> ;) C" prescription of the crime> :) C" prescription of the penalt"> 7) C" the marriage of the offended /oman in a) Seduction b) abduction or c) acts of lasci-iousness (Art0 466 .PC) 459 Sec0 4 (rounds that are not /ai-ed e-en if not alleged: a) !ailure to charge an offense> b) Dac+ of jurisdiction> c) )3tinction of criminal action or liabilit"> d) &ouble jeopard"0 415 .ule 117 411 Sec0 14' .ule 119 411 supra

P a g e | 91

motion0 B %f no order is made or if ha-ing been made' no ne/ information is filed /ithin the time specified in the order or /ithin such further time as the court ma" allo/ for good cause' the accused' if in custod"' shall be discharged unless he is also in custod" of another charge0 he remed" of prosecution is to amend the information to correct the defects thereof' e3cept on the grounds of Secs0 4 (g) and (i)>41; the prosecution ma" appeal the ?uashal of information or complaint he usual course to ta+e is for the )ffect if accused to proceed /ith trial' and denie in case of con-iction' to appeal d414 therefrom and assign as error the denial of the motion to ?uash041: An accused /ho files a demurrer to e-idence /ith lea-e of court does not lose the right to present e-idence in he order den"ing the motion the e-ent his motion is to ?uash is interlocutor" and denied0 therefore not appealable' nor can it be the subject of a petition for %f he files the demurrer

414

A special ci-il action ma" lie against an order of denial of a motion to ?uash' as an e3ception to the general rule' in an" of the follo/ing instances: (a) 2here there is necessit" to afford protection to the constitutional rights of the accused> (b) 2hen necessar" for the orderl" administration of justice or to a-oid oppression or multiplicit" of actions> (c) 2here there is prejudicial ?uestion /hich is sub ju$ice> (d) 2hen the acts of the officer are /ithout or in e3cess of authorit"> (e) 2here the prosecution is under an in-alid la/' ordinance or regulation> (f) 2hen double jeopard" is clearl" apparent> (g) 2here the court has no jurisdiction o-er the offense> (h) 2here it is a case of persecution rather than prosecution> (i) 2here the charges are manifestl" false and moti-ated b" the lust for -engeance> (j) 2hen there is clearl" no prima facie case against the accused> and (+) o a-oid multiplicit" of actions (Brocka vs. %nrile' 191 SC.A 1=4)0 An order den"ing a motion to ?uash is interlocutor" and not appealable ( ,eople vs. Macan$og' DB1=:51' ,an0 41' 19:4) and generall"' such denial cannot be controlled b" certiorari (Rica&ort vs. #ernan' 151 Phil0 ;7;)> and the denial of a motion to ?uash grounded on double jeopard" is not controllable b" mandamus (Tiongson vs. (illacete' ;; @( 7517)0

P a g e | 91

certiorari

/ithout lea-e of court and the same is denied' he loses the right to present e-idence' in /hich e-ent the case /ill be deemed submitted for decision0417 he order den"ing the motion for lea-e of court to file demurrer to e-idence or to demur itself shall not be re-ie/able b" appeal or certiorari before judgment00

P a g e | 94

40 )ffects of sustaining the motion to ?uash41= 60 )3ception to the rule that sustaining the motion is not a bar to another prosecution

P a g e | 96

he motion /as based on the grounds specified in Sec0 4(g) and (i)0419 ;0 &ouble ,eopard" he fact of being prosecuted or sentenced t/ice for substantiall" the same offense0415 No person shall be t/ice put in jeopard" of punishment for the same offense0 %f an act is punished b" a la/ and an ordinance' con-iction or ac?uittal under either shall constitute a bar to another prosecution for the same act0411 .e?uirements of double jeopard": (a) *alid indictment> (b) Competent court> (c) *alid arraignment> (d) *alid plea entered> (e) Case is dismissed or terminated /ithout the e3press consent of the accused0411
416 41;

/hich refers to Sec0 4 (g) and (i)' supra supra 41: .alican vs. (ergara' 17: SC.A ;1= 417 De Carlos vs. C"' 411 SC.A 497 41= see able 419 supra 415 Clac+Gs Da/ &ictionar"' 9th )d0 411 Sec0 11' Art0 %%%' Constitution 411 ,eople vs. Bocar' Aug0 15' 19=;> 0avallo vs. San$iganbayan' ;4 SCA& 196' ,ul" 1=' 1996 2hen an accused has been con-icted or ac?uitted' or the case against him dismissed or other/ise terminated /ithout his e3press consent b" a court of competent jurisdiction' upon a -alid complaint or information or other formal charge sufficient in form and substance to sustain a con-iction and after the accused had pleaded to the charge' the con-iction or ac?uittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged' or for an" attempt to commit the same or frustration thereof' or for an" offense /hich necessaril" includes or is necessaril" included in the offense charged in the former complaint or information0 #o/e-er' the con-iction of the accused shall not be a bar to another prosecution for an offense /hich necessaril" includes the offense charged in the former complaint or information under an" of the follo/ing instances: (a) the gra-er offense de-eloped due to super-ening facts arising from the same act or omission constituting the former charge> (b) the facts constituting the gra-er charge became +no/n or /ere disco-ered onl" after a plea /as entered in the former complaint or information> or (c) the plea of guilt" to the lesser offense /as made /ithout the consent of the prosecutor and of the offended part" e3cept as pro-ided in section 1(f) of .ule 11:0 %n an" of the foregoing cases' /here the accused satisfies or ser-es' in /hole or in part' the judgment' he shall be credited /ith the same in the e-ent of con-iction for the gra-er

P a g e | 9;

:0 Pro-isional &ismissal A case shall not be pro-isionall" dismissed e3cept /ith the e3press consent of the accused and /ith notice to the offended part"0 he pro-isional dismissal of offenses punishable b" imprisonment not e3ceeding si3 (:) "ears or a fine of an" amount' or both' shall become permanent one (1) "ear after issuance of the order /ithout the case ha-ing been re-i-ed0414 2ith respect to offenses punishable b" imprisonment of more than si3 (:) "ears' their pro-isional dismissal shall become permanent t/o (1) "ears after issuance of the order /ithout the case ha-ing been re-i-ed0416 .e?uisites: (a) he prosecution /ith the e3press conformit" of the accused or the accused mo-es for a pro-isional 41; dismissal of the case> or both the prosecution and the accused mo-e for a pro-isional dismissal of the case> (b) he offended part" is notified of the motion for a pro-isional dismissal of the case> (c) he court issues an order granting the motion and dismissing the case pro-isionall"> (d) he public prosecutor is ser-ed /ith a cop" of the order of pro-isional dismissal of the case041: '. Pre0trial417 An informal meeting at /hich opposing attorne"s confer' usuall" /ith the judge' to /or+ to/ard the disposition of the case b" discussing matters
offense0 (Sec0 7) 414 Sec0 ; he order of dismissal shall become permanent one (1) "ear after ser-ice of the order of the prosecution' /ithout the criminal case ha-ing been re-i-ed0 he public prosecutor cannot be e3pected to compl" /ith the timeline unless he is ser-ed /ith a cop" of the order of dismissal0 (,eople vs. .acson' (0.0 1696;4' April 1' 1554) 416 Sec0 = 41; sin perjuicio 41: he foregoing re?uirements are conditions sine 'ua non to the application of the timeBbar in the second paragraph of the .ule0 he raison $<etre for the re?uirement of the e3press consent of the accused to a pro-isional dismissal of a criminal case is to bar him from subse?uentl" asserting that the re-i-al of the criminal case /ill place him in double jeopard" for the same offense or for an offense necessaril" included therein ( ,eople vs. Bellosillo' = SC.A =4;)0 417 .ule 11=

P a g e | 9:

of e-idence and narro/ing the issues that /ill be tried0 he conference ta+es place shortl" before trial and ordinaril" results in a preBtrial order0 41= 10 Matters to be considered during preBtrial (a) plea bargaining> (b) stipulation of facts> (c) mar+ing for identification of e-idence of the parties> (d) /ai-er of objections to admissibilit" of e-idence> (e) modification of the order of trial if the accused admits the charge but interposes a la/ful defense> and (f) such matters as /ill promote a fair and e3peditious trial of the 10 2hat the court should do /hen prosecution and offended part" agree to the plea offered b" the accused he agreements co-ering the matters referred to in section 1 445 of this .ule shall be appro-ed b" the court0441 40 PreBtrial agreement %t shall be reduced in /riting and signed b" the accused and counsel' other/ise' it cannot be used against the accused0 60 NonBappearance during preBtrial he court ma" impose proper sanctions or penalties for the nonB appearance of the counsel for the accused or the prosecutor if he does not offer an acceptable e3cuse for his lac+ of cooperation0 441 ;0 PreBtrial order

criminal and ci-il aspects of the case0419

41=

Clac+As Da/ &ictionar"' 9th )d0 %t usuall" in-ol-es the defendantAs pleading guilt" to a lesser offense or to onl" one or some of the counts of a multiBcount indictment in return for a lighter sentence than that for the gra-er charge0 419 Sec0 1 445 supra 441 Sec0 1 441 Sec0 4 he rule is intended to discourage dilator" mo-es or strategies as these /ould run counter to the purposes of preBtrial in criminal cases' more specificall" those intended to protect the right of the accused to fair and speed" trial0

P a g e | 97

A court order setting out the claims and defenses to be tried' the stipulations of the parties' and the caseGs procedural rules' as agreed to b" the parties or mandated b" the court at a preBtrial conference0444 After the preBtrial conference' the court shall issue an order reciting the actions ta+en' the facts stipulated' and e-idence mar+ed0 Such order shall bind the parties' limit the trial to matters not disposed of' and control the course of the action during the trial' unless modified b" the court to pre-ent manifest injustice0446 :0 .eferral of some cases for Court Anne3ed Mediation and ,udicial &ispute .esolution44; he follo/ing cases shall be referred to CourtBAnne3ed Mediation (CAM) and be the subject of ,udicial &ispute .esolution (,&.) proceedings: (1) All ci-il cases and the ci-il liabilit" of criminal cases co-ered b" the .ule on Summar" Procedure' including the ci-il liabilit" for -iolation of C0P0 11' e3cept those /hich b" la/ ma" not be compromised> (1) Special proceedings for the settlement of estates> (4) All ci-il and criminal cases filed /ith a certificate to file action issued b" the ,unong Barangay or the ,angkat ng Tagapagkasun$o under the .e-ised @atarungang ,ambarangay Da/>44: (6) he ci-il aspect of JuasiB@ffenses under Penal Code> itle 16 of the .e-ised

(;) he ci-il aspect of less gra-e felonies punishable b" correcional penalties not e3ceeding : "ears imprisonment' /here the offended part" is a pri-ate person>
444 446

Clac+Gs Da/ &ictionar"' 9th )d0 Sec0 6 44; AM 11B1B:BSCBPhil,A Concept of court di-ersion of pending cases: he di-ersion of pending court cases both to CourtBAnne3ed Mediation (CAM) and to ,udicial &ispute .esolution (,&.) is plainl" intended to put an end to pending litigation through a compromise agreement of the parties and thereb" help sol-e the e-erBpressing problem of court doc+et congestion0 %t is also intended to empo/er the parties to resol-e their o/n disputes and gi-e practical effect to the State Polic" e3pressl" stated in the A&. Act of 1556 (.0A0 No0 91=;)' to /it: B to acti-el" promote part" autonom" in the resolution of disputes or the freedom of the parties to ma+e their o/n arrangement to resol-e disputes0 o/ards this end' the State shall encourage and acti-el" promote the use of Alternati-e &ispute .esolution (A&.) as an important means to achie-e speed" and impartial justice and deBclog court doc+ets0 44: Chapter 7' .A 71:5

P a g e | 9=

(:)

he ci-il aspect of estafa' theft and libel>

(7) All ci-il cases and probate proceedings' testate and intestate' brought on appeal from the e3clusi-e and original jurisdiction granted to the first le-el courts under Section 44' par0 (1)447 of the ,udiciar" .eorgani$ation Act of 19=5>44= (=) All cases of forcible entr" and unla/ful detainer brought on appeal from the e3clusi-e and original jurisdiction granted to the first le-el courts under Section 44' par0 (1)449 of the ,udiciar" .eorgani$ation Act of 19=5> (9) All ci-il cases in-ol-ing title to or possession of real propert" or an interest therein brought on appeal from the e3clusi-e and original jurisdiction granted to the first le-el courts under Section 44' par0(4) 465 of the ,udiciar" .eorgani$ation Act of 19=5> and (15) All +abeas corpus cases decided b" the first le-el courts in the absence of the .egional rial Court judge' that are brought up on appeal from the special jurisdiction granted to the first le-el courts under Section 4;461 of the ,udiciar" .eorgani$ation Act of 19=50461
447

)3clusi-e original jurisdiction o-er ci-il actions and probate proceedings' testate and intestate' including the grant of pro-isional remedies in proper cases' /here the -alue of the personal propert"' estate' or amount of the demand does not e3ceed @ne hundred thousand pesos (P155'555055) or' in Metro Manila /here such personal propert"' estate' or amount of the demand does not e3ceed /o hundred thousand pesos (P155'555055) e3clusi-e of interest damages of /hate-er +ind' attorne"Ts fees' litigation e3penses' and costs' the amount of /hich must be specificall" alleged: Pro-ided' hat /here there are se-eral claims or causes of action bet/een the same or different parties' embodied in the same complaint' the amount of the demand shall be the totalit" of the claims in all the causes of action' irrespecti-e of /hether the causes of action arose out of the same or different transactions> 44= A0M0 No0 5=U9U15USCUPhil,A 449 )3clusi-e original jurisdiction o-er cases of forcible entr" and unla/ful detainer: Pro-ided' hat /hen' in such cases' the defendant raises the ?uestion of o/nership in his pleadings and the ?uestion of possession cannot be resol-ed /ithout deciding the issue of o/nership' the issue of o/nership shall be resol-ed onl" to determine the issue of possession0 465 )3clusi-e original jurisdiction in all ci-il actions /hich in-ol-e title to' or possession of' real propert"' or an" interest therein /here the assessed -alue of the propert" or interest therein does not e3ceed /ent" thousand pesos (P15'555055) or' in ci-il actions in Metro Manila' /here such assessed -alue does not e3ceed !ift" thousand pesos (P;5'555055) e3clusi-e of interest' damages of /hate-er +ind' attorne"Ts fees' litigation e3penses and costs: Pro-ided' hat -alue of such propert" shall be determined b" the assessed -alue of the adjacent lots0 461 %n the absence of all the .egional rial ,udges in a pro-ince or cit"' an" Metropolitan rial ,udge' Municipal rial ,udge' Municipal Circuit rial ,udge ma" hear and decide petitions for a /rit of +abeas corpus or applications for bail in criminal cases in the pro-ince or cit" /here the absent .egional rial ,udges sit0 461 Procedure: ,udicial proceedings shall be di-ided into t/o stages: (1) !rom the filing of a complaint to the conduct of CAM and ,&. during the preBtrial stage' and (1) preBtrial proper to trial and judgment0

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(. Trial464 A formal judicial e3amination of e-idence and determination of legal claims in an ad-ersar" proceeding0466 Continuous trial is one /here the courts are called upon to conduct the trial /ith utmost dispatch' /ith judicial e3ercise of the courtAs po/er to control the trial to a-oid dela" and for each part" to complete the presentation of e-idence /ith the trial dates assigned to him046;
he judge to /hom the case has been originall" raffled' /ho shall be called the ,&. ,udge' shall preside o-er the first stage0 he judge' /ho shall be called the trial judge' shall preside o-er the second stage0 At the initial stage of the preBtrial conference' the ,&. judge briefs the parties and counsels of the CAM and ,&. processes0 hereafter' he issues an @rder of .eferral of the case to CAM and directs the parties and their counsels to proceed to the PMCH bringing /ith them a cop" of the @rder of .eferral0 he ,&. judge shall include in said @rder' or in another @rder' the preBsetting of the case for ,&. not earlier than fort"Bfi-e (6;) da"s from the time the parties first personall" appear at the PMCH so that ,&. /ill be conducted immediatel" if the parties do not settle at CAM0 All incidents or motions filed during the first stage shall be dealt /ith b" the ,&. judge0 %f ,&. is not conducted because of the failure of the parties to appear' the ,&. judge ma" impose the appropriate sanctions and shall continue /ith the proceedings of the case0 %f the parties do not settle their dispute at CAM' the parties and their counsels shall appear at the preset date before the ,&. judge' /ho /ill then conduct the ,&. process as mediator' neutral e-aluator and<or conciliator in order to acti-el" assist and facilitate negotiations among the parties for them to settle their dispute0 As mediator and conciliator' the judge facilitates the settlement discussions bet/een the parties and tries to reconcile their differences0 As a neutral e-aluator' the judge assesses the relati-e strengths and /ea+nesses of each part"Ts case and ma+es a nonB binding and impartial e-aluation of the chances of each part"Ts success in the case0 @n the basis of such neutral e-aluation' the judge persuades the parties to a fair and mutuall" acceptable settlement of their dispute0 he ,&. judge shall not preside o-er the trial of the case /hen the parties did not settle their dispute at ,&.0 %f settlement is reached on the ci-il aspect of the criminal case' the parties' assisted b" their respecti-e counsels' shall draft the compromise agreement /hich shall be submitted to the court for appropriate action0 Action on the criminal aspect of the case /ill be determined b" the public prosecutor' subject to the appropriate action of the court0 %f settlement is not reached b" the parties on the ci-il aspect of the criminal case' the ,&. judge shall proceed to conduct the trial on the merits of the case should the parties file a joint /ritten motion for him to do so' despite confidential information that ma" ha-e been di-ulged during the ,&. proceedings> other/ise' the ,&. judge shall turn o-er the case to a ne/ judge b" reBraffle in multiple sala courts or to the originating court in single sala courts' for the conduct of preBtrial proper and trial0 2here no settlement or onl" a partial settlement /as reached' and there being no joint /ritten motion submitted b" the parties' as stated in the last preceding paragraphs' the ,&. judge shall turn o-er the case to the trial judge' determined b" reBraffle in multiple sala courts or to the originating court in single sala courts' as the case ma" be' to conduct preB trial proper' as mandated b" .ules 1= and 11= of the .ules of Court0 he follo/ing cases shall not be referred to CAM and ,&.: 10 Ci-il cases /hich b" la/ cannot be compromised (Article 154;' Ne/ Ci-il Code)> 10 @ther criminal cases not co-ered under paragraphs 4 to : abo-e>

P a g e | 155

10 %nstances /hen presence of accused is re?uired b" la/46: (a) @n arraignment> (b) @n promulgation of judgment e3cept for light offenses> (c) !or identification purposes> (d) 2hen the court /ith due notice re?uires so0467 10 .e?uisite before trial can be suspended on account of absence of /itness %t must appear that: (a) (b) neglect> (c) he /itness can be had at the time to /hich the trial has been deferred> and (d) No similar e-idence could be obtained046= 40 rial in "bsentia A trial held /ithout the accused being present0469 he Constitution permits trial in absentia of an accused after his arraignment /ho unjustifiabl" fails to appear during the trial not/ithstanding
40 1abeas Corpus petitions> 60 All cases under .epublic Act No0 91:1 (*iolence against 2omen and Children)> and ;0 Cases /ith pending application for .estraining @rders<Preliminar" %njunctions0 #o/e-er' in cases co-ered under 1' 6 and ; /here the parties inform the court that the" ha-e agreed to undergo mediation on some aspects thereof' e0g0' custod" of minor children' separation of propert"' or support pen$ente lite' the court shall refer them to mediation0 464 .ule119 466 Clac+As Da/ &ictionar"' 9th )d0 46; Admin0 Cir0 6 dated Sept0 11' 19== 46: he onl" instances /hen the presence of the accused is re?uired b" la/ and /hen the la/ ma" forfeit the bond if he fails to appear0 467 Marcos vs. Ruiz' Sept0 1' 1991 46= ?S vs. Ramirez' 49 Phil0 74= he nonBappearance of the prosecution at the trial' despite due notice' justifies a pro-isional dismissal (*aca vs. Blanco' =: Phil0 6;1)' or an absolute dismissal ( ,eople vs. Robles' 15; Phil0 151:)' depending on the circumstances0 Sec0 4' .ule 11 does not appl" to criminal cases0 469 Clac+As Da/ &ictionar"' 9th )d0

he /itness is reall" material and appears to the court to be so> he part" /ho applies for postponement has not been guilt" of

P a g e | 151

due notice0 he purpose of trial in absentia is to speed up the disposition of criminal cases04;5 60 .emed" /hen accused is not brought to trial /ithin the prescribed period he information ma" be dismissed on motion of the accused on the ground of denial of his right to speed" trial0 he accused shall ha-e the burden of pro-ing the motion but the prosecution shall ha-e the burden of going for/ard /ith the e-idence to establish the e3clusion of time under section 44;1 of this rule0 he dismissal shall be subject to the rules on double jeopard"0 !ailure of the accused to mo-e for dismissal prior to trial shall constitute a /ai-er of the right to dismiss under this section04;1 ;0 .e?uisites for discharge of accused to become a state /itness (a) here is absolute necessit" for the testimon" of the accused /hose discharge is re?uested> (b) here is no other direct e-idence a-ailable for the proper prosecution of the offense committed' e3cept the testimon" of said accused> (c) he testimon" of said accused can be substantiall" corroborated in

its material points>

4;5

.e?uisites of trial in absentia: (a) he accused has been arraigned> (b) #e has been dul" notified of the trial> and (c) #is failure to appear is justified (,eople vs. "gbulos' 111 SC.A 19:) he /ai-er of the accused of appearance or trial in absentia does not mean that the prosecution is thereb" depri-ed of its right to re?uire the presence of the accused for purposes of identification b" the /itnesses /hich is -ital for con-iction of the accused' e3cept /here he un?ualifiedl" admits in open court after his arraignment that he is the person named as defendant in the case on trial0 Such /ai-er does not mean a release of the accused from his obligation under the bond to appear in court /hene-er re?uired0 he accused ma" /ai-e his right but he cannot disregard his dut" or obligation to the court0 #e can still be subpoenaed to appear for identification purposes' /ithout -iolating his right against selfBincrimination as he /ill not ta+e the stand to testif" but merel" to be present in court' /here the prosecution /itness ma"' /hile in the /itness stand' point to him as the accused ( Carre$o vs. ,eople' 1=4 SC.A 174)0 4;1 supra 4;1 Sec0 9 Hnless a shorter period is pro-ided b" special la/ or Supreme Court circular' the arraignment shall be held /ithin thirt" (45) da"s from the date the court ac?uires jurisdiction o-er the person of the accused0 he time of the pendenc" of a motion to ?uash or for a bill of particulars or other causes justif"ing suspension of the arraignment shall be e3cluded in computing the period (Sec1LgM' .ule 11:)

P a g e | 151

(d) Said accused does not appear to be the most guilt"> and (a) Said accused has not at an" time been con-icted of an" offense in-ol-ing moral turpitude04;4 :0 )ffects of &ischarge of accused as state /itness he order shall amount to an ac?uittal of the discharged accused and shall be a bar to future prosecution for the same offense' unless: (a) he accused fails or refuses to testif" against his coBaccused in accordance /ith his s/orn statement constituting the basis for his discharge>4;6 (b) %f he /as granted immunit" and fails to +eep his part of the agreement' his confession of his participation in the commission of the offense is admissible in e-idence against him04;; he court shall order the discharge and e3clusion of the said accused from the information0 Admission into such Program shall entitle such State 2itness to immunit" from criminal prosecution for the offense or offenses in /hich his testimon" /ill be gi-en or used04;: 70 &emurrer to )-idence A part"Gs objection or e3ception that the e-idence is legall" insufficient to ma+e a case04;7
4;4

Sec0 17 )-idence adduced in support of the discharge shall automaticall" form part of the trial0 %f the court denies the motion for discharge of the accused as state /itness' his s/orn statement shall be inadmissible in e-idence (ibid0) An" person /ho has participated in the commission of a crime and desires to be a /itness for the State' can appl" and' if ?ualified' shall be admitted into the program (to be a state /itness) /hene-er the follo/ing circumstances are present: (a) he offense in /hich his testimon" /ill be used is a gra-e felon" as defined under the .e-ised Penal Code or its e?ui-alent under special la/s> (b) here is absolute necessit" for his testimon"> (c) here is no other direct e-idence a-ailable for the proper prosecution of the offense committed> (d) #is testimon" can be substantiall" corroborated on its material points> (e) #e does not appear to be the most guilt"> and (f) #e has not' at an" time' been con-icted of an" crime in-ol-ing moral turpitude (Sec0 15' .0A0 :9=1' the 2itness Protection Da/)0 4;6 Sec0 1= 4;; ,eople vs. Berberino' 79 SC.A :96 4;: Sec0 11' .0A0 :9=1 4;7 Clac+As Da/ &ictionar"' 9th )d0

P a g e | 154

After the prosecution rests its case' the court ma" dismiss the action on the ground of insufficienc" of e-idence (1) on its o/n initiati-e after gi-ing the prosecution the opportunit" to be heard or (1) upon demurrer to e-idence filed b" the accused /ith or /ithout lea-e of court0 %f the court denies the demurrer to e-idence filed /ith lea-e of court' the accused ma" adduce e-idence in his defense0 2hen the demurrer to e-idence is filed /ithout lea-e of court' the accused /ai-es the right to present e-idence and submits the case for judgment on the basis of the e-idence for the prosecution0 he motion for lea-e of court to file demurrer to e-idence shall specificall" state its grounds and shall be filed /ithin a nonBe3tendible period of fi-e (;) da"s after the prosecution rests its case0 he prosecution ma" oppose the motion /ithin a nonBe3tendible period of fi-e (;) da"s from its receipt0 %f lea-e of court is granted' the accused shall file the demurrer to e-idence /ithin a nonBe3tendible period of ten (15) da"s from notice0 he prosecution ma" oppose the demurrer to e-idence /ithin a similar period from its receipt0 he order den"ing the motion for lea-e of court to file demurrer to e-idence or the demurrer itself shall not be re-ie/able b" appeal or b" certiorari before judgment04;= L. 'ud!ment4;9 %t means the adjudication b" the court that the accused is guilt" or is not guilt" of the offense charged' and the imposition of the proper penalt" and ci-il liabilit" pro-ided for b" la/ on the accused04:5 10 .e?uisites of a judgment

4;= 4;9

Sec0 14 .ule 115 4:5 Sec0 1 Memorandum decision is one in /hich the appellate court ma" adopt b" reference' the findings of facts and conclusions of la/ contained in the decision appealed from (Sec0 16' %nterim .ules and (uidelines)

P a g e | 156

%t must be /ritten in the official language' personall" and directl" prepared b" the judge and signed b" him and shall contain clearl" and distinctl" a statement of the facts and the la/ upon /hich it is based04:1 10 Contents of ,udgment ,udgment of con-iction %t shall state: ,udgment of ac?uittal:

%t shall state /hether the e-idence of the prosecution absolutel" (1) the legal ?ualification of the failed to pro-e the guilt of the offense constituted b" the acts accused or merel" failed to pro-e committed b" the accused and his guilt be"ond reasonable doubt0 the aggra-ating or mitigating circumstances /hich attended its commission> (1) the participation of the accused in the offense' /hether as principal' accomplice' or accessor" after the fact> (4) the penalt" imposed upon the accused> and (6) the ci-il liabilit" or damages caused b" his /rongful act or omission to be reco-ered from the accused b" the offended part"' if there is an"' unless the enforcement of the ci-il liabilit" b" a separate ci-il action has been reser-ed or /ai-ed0 %n either case' the judgment shall determine if the act or omission from /hich the ci-il liabilit" might arise did not e3ist04:1 40 Promulgation of judgment> instances of promulgation of judgment in absentia he judgment is promulgated b" reading it in the presence of the accused and an" judge of the court in /hich it /as rendered0
4:1 4:1

Sec0 1 Sec0 1

P a g e | 15;

#o/e-er' if the con-iction is for a light offense' the judgment ma" be pronounced in the presence of his counsel or representati-e0 2hen the judge is absent or outside the pro-ince or cit"' the judgment ma" be promulgated b" the cler+ of court0 %f the accused is confined or detained in another pro-ince or cit"' the judgment ma" be promulgated b" the e3ecuti-e judge of the .egional rial Court ha-ing jurisdiction o-er the place of confinement or detention upon re?uest of the court /hich rendered the judgment0 he court promulgating the judgment shall ha-e authorit" to accept the notice of appeal and to appro-e the bail bond pending appeal> pro-ided' that if the decision of the trial court con-icting the accused changed the nature of the offense from nonBbailable to bailable' the application for bail can onl" be filed and resol-ed b" the appellate court04:4 %n case the accused fails to appear at the scheduled date of promulgation of judgment despite notice' the promulgation shall be made b" recording the judgment in the criminal doc+et and ser-ing him a cop" thereof at his last +no/n address or thru his counsel04:6 60 2hen does judgment become final )3cept /here the death penalt" is imposed: (a) After the lapse of the period for perfecting an appeal> (b) 2hen the sentence has been partiall" or totall" satisfied or ser-ed> (c) 2hen the accused has /ai-ed in /riting his right to appeal> or (d) #as applied for probation04:; *. ,ew Trial or .econsideration4::
4:4

he proper cler+ of court shall gi-e notice to the accused personall" or through his bondsman or /arden and counsel' re?uiring him to be present at the promulgation of the decision0 %f the accused /as tried in absentia because he jumped bail or escaped from prison' the notice to him shall be ser-ed at his last +no/n address0 4:6 Sec0 : %f the judgment is for con-iction and the failure of the accused to appear /as /ithout justifiable cause' he shall lose the remedies a-ailable in these rules against the judgment and the court shall order his arrest0 2ithin fifteen (1;) da"s from promulgation of judgment' ho/e-er' the accused ma" surrender and file a motion for lea-e of court to a-ail of these remedies0 #e shall state the reasons for his absence at the scheduled promulgation and if he pro-es that his absence /as for a justifiable cause' he shall be allo/ed to a-ail of said remedies /ithin fifteen (1;) da"s from notice (ibid0) 4:; Sec0 7 4:: .ule 111

P a g e | 15:

MN or M. in Criminal Cases

MN or M. in Ci-il Cases

P a g e | 157

)ither on motion of accused' or Must be upon motion of a part"' the court motu proprio /ith cannot be motu proprio consent of the accused (rounds for MN 8 errors of la/ or (rounds for MN 8 !AM)'4:7 or irregularities committed during ne/l" disco-ered e-idence the trial' or ne/l" disco-ered e-idence (round for M. 8 error of la/ or (rounds for M. 8 )3cessi-e fact damages' insufficient e-idence' or decision is contrar" to la/ !iled an" time before judgment of !iled /ithin the period for ta+ing con-iction becomes final an appeal0 Should include all the grounds then a-ailable and those not so included shall be deemed /ai-ed0 2hen granted' the original judgment is al/a"s set aside or -acated and a ne/ judgment rendered0 here ma" be partial grant

10 (rounds for Ne/ rial (a) )rrors of la/ or irregularities prejudicial to the substantial rights of the accused ha-e been committed during the trial> (b) Ne/ and material e-idence has been disco-ered /hich the accused could not /ith reasonable diligence ha-e disco-ered and produced at the trial and /hich if introduced and admitted /ould probabl" change the judgment04:= 10 (rounds for .econsideration )rrors of la/ or fact in the judgment' /hich re?uires no further proceedings04:9
4:7 4:= 4:9

!raud' Accident' Mista+e or )3cusable negligence Sec0 1 Sec0 4

P a g e | 15=

40 .e?uisites before a ne/ trial ma" be granted on ground of ne/l" disco-ered e-idence (a) he e-idence /as disco-ered after trial>

(b) he e-idence could not ha-e been disco-ered and produced at the trial e-en /ith e3ercise of reasonable diligence> (c) he e-idence is material>475

(d) %t must go to the merits as it /ould produce a different result if admitted0471 60 )ffects of granting a ne/ trial or reconsideration (a) @n the ground of errors of la/ or irregularities committed during the trial B all the proceedings and e-idence affected thereb" shall be set aside and ta+en ane/0471 (b) @n the ground of ne/l"Bdisco-ered e-idence B the e-idence alread" adduced shall stand and the ne/l"Bdisco-ered and such other e-idence as the court ma"' in the interest of justice' allo/ to be introduced' shall be ta+en and considered together /ith the e-idence alread" in the record0 %n all cases' /hen the court grants ne/ trial or reconsideration' the original judgment shall be set aside or -acated and a ne/ judgment rendered accordingl"0474 ;0 Application of 0eypes &octrine in Criminal Cases %f the motion is denied' the mo-ant has a fresh period of 1; da"s from receipt of notice of the order den"ing or dismissing the motion for reconsideration /ithin /hich to file a notice to appeal0 his ne/ period becomes significant if either a motion for reconsideration or a motion for ne/ trial has been filed but /as denied or dismissed0 his fresh period rule applies not onl" to .ule 61 go-erning appeals from the . C but also to .ule 65 go-erning appeals from M C to
475 471 471 474

not merel" cumulati-e' corroborati-e or impeaching *ose vs. C"' 75 SC.A 1;7 he court ma"' in the interest of justice' allo/ the introduction of additional e-idence0 Sec0 :

P a g e | 159

. C' .ule 61 on petitions for re-ie/ from the . C to the CA' .ule 64 on appeal from ?uasiBjudicial agencies to the CA' and .ule 6; go-erning appeals b" certiorari to the SC0 Accordingl"' this rule /as adopted to standardi$e the appeal periods pro-ided in the .ules to afford fair opportunit" to re-ie/ the case and' in the process' minimi$e errors of judgment0 @b-iousl"' the ne/ 1; da" period ma" be a-ailed of onl" if either motion is filed> other/ise' the decision becomes final and e3ecutor" after the lapse of the original appeal period pro-ided in .ule 610476 he Ne"pes ruling shall not be applied /here no motion for ne/ trial or motion for reconsideration has been filed in /hich case the 1;Bda" period shall run from notice of the judgment0 he fresh period rule does not refer to the period /ithin /hich to appeal from the order den"ing the motion for ne/ trial because the order is not appealable under Sec0 9' .ule 47047; he nonB appealabilit" of the order of denial is also confirmed b" Sec0 1(a)' .ule 61' /hich pro-ides that no appeal ma" be ta+en from an order den"ing a motion for ne/ trial or a motion for reconsideration %n the case of *u$it+ 2u vs. *u$ge Samson'47: the SC held that the Ne"pes doctrine is applicable in criminal cases0 ,. A))eal477 An appeal opens the /hole case for re-ie/ and this includes the re-ie/ of the penalt"' indemnit" and the damages in-ol-ed0 47= 10 )ffect of an Appeal Hpon perfection of the appeal' the e3ecution of the judgment or order appealed from is sta"ed as to the appealing part"0479 he ci-il appeal of the offended part" does not affect the criminal aspect of the judgment or order appealed from0 Hpon perfection of the appeal' the trial court loses jurisdiction o-er the case' e3cept:

476 47; 47: 477 47= 479

0eypes vs. CA' (0.0 161;16' Sept0 16' 155; supra !eb0 9' 1511 .ule 111 >uemuel vs. C"' 11 SC.A 66 Sec0 11LcM

P a g e | 115

(a) o issue orders for the protection and preser-ation of the rights of the parties /hich do not in-ol-e an" matter litigated b" the appeal> (b) o appro-e compromises offered b" the parties prior to the transmission of the records on appeal to the appellate court04=5 10 2here to appeal (a) o the .egional rial Court' B in cases decided b" the Metropolitan rial Court' Municipal rial Court in Cities' Municipal rial Court' or Municipal Circuit rial Court> (b) o the Court of Appeals or to the Supreme Court'4=1 B in cases decided b" the .egional rial Court> and

(c) o the Supreme Court' B in cases decided b" the Court of Appeals0 40 #o/ appeal ta+en4=1 he appeal to the .egional rial Court' or to the Court of Appeals in cases decided b" the .egional rial Court in the e3ercise of its original jurisdiction' shall be ta+en b" filing a notice of appeal /ith the court /hich rendered the judgment or final order appealed from and b" ser-ing a cop" thereof upon the ad-erse part"0 he appeal to the Court of Appeals in cases decided b" the .egional rial Court in the e3ercise of its appellate jurisdiction shall be b" petition for re-ie/ under .ule 6104=4 he appeal in cases /here the penalt" imposed b" the .egional rial Court is reclusion perpetua' or life imprisonment' or /here a lesser penalt" is imposed but for offenses committed on the same occasion or /hich arose out of the same occurrence that ga-e rise to the more serious offense for /hich the penalt" of death' reclusion perpetua' or life imprisonment is imposed' shall be b" notice of appeal to the Court of Appeals in accordance /ith paragraph (a)4=6 of this Section0
4=5 4=1

Sec0 9' .ule 61 in the proper cases pro-ided b" la/ 4=1 as amended b" A0M0 No0 55B;B54BSC .e: Amendments to the .e-ised .ules of Criminal Procedure to go-ern &eath Penalt" Cases .esolution effecti-e @ctober 1;' 1556 4=4 supra

P a g e | 111

No notice of appeal is necessar" in cases /here the death penalt" is imposed b" the .egional rial Court0 he Court of Appeals shall automaticall" re-ie/ the judgment as pro-ided in section 154=; of this .ule0 )3cept as pro-ided in the last paragraph of section 14' 4=:.ule 116' all other appeals to the Supreme Court shall be b" petition for re-ie/ on certiorari under .ule 6;04=7 60 )ffect of appeal b" an" of se-eral accused (a) An appeal ta+en b" one or more of se-eral accused shall not affect those /ho did not appeal' e3cept insofar as the judgment of the appellate court is fa-orable and applicable to the latter0 (b) he appeal of the offended part" from the ci-il aspect shall not affect the criminal aspect of the judgment or order appealed from0 (c) Hpon perfection of the appeal' the e3ecution of the judgment or final order appealed from shall be sta"ed as to the appealing part"04== ;0 (rounds for dismissal of appeal (a) Patentl" /ithout merit> (b) Prosecuted manifestl" for dela"> or (c) he ?uestions raised therein are too unsubstantial to re?uire consideration04=9

4=6

he appeal to the .egional rial Court' or to the Court of Appeals in cases decided b" the .egional rial Court in the e3ercise of its original jurisdiction' shall be ta+en b" filing a notice of appeal /ith the court /hich rendered the judgment or final order appealed from and b" ser-ing a cop" thereof upon the ad-erse part"0 4=; ransmission of records in case of death penalt"0 N %n all cases /here the death penalt" is imposed b" the trial court' the records shall be for/arded to the Court of Appeals for automatic re-ie/ and judgment /ithin t/ent" (15) but not earlier than fifteen (1;) from promulgation of the judgment or notice of denial of a motion for ne/ trial or reconsideration0 he transcript shall also be for/arded /ithin ten (15) da"s after the filing thereof b" the stenographic reporter0 4=: 2hene-er the Court of Appeals find that the penalt" of death' reclusion perpetua' or life imprisonment should be imposed in a case' the court' after discussion of the e-idence and the la/ in-ol-ed' shall render judgment imposing the penalt" of death' reclusion perpetua' or life imprisonment as the circumstance /arrant0 #o/e-er' it shall refrain from entering the judgment and forth/ith certif" the case and ele-ate the entire record thereof to the Supreme Court for re-ie/0 4=7 Sec0 4 4== Sec0 11 4=9 Sec0 =' .ule :;

P a g e | 111

+. Searc" and Sei1ure495 10 Nature of search /arrant he constitutional right against unreasonable search and sei$ure refers to the immunit" of oneAs person' /hether a citi$en or alien' from interference b" go-ernment' included in /hich is his residence' his papers and other possession0491 he right of the people to be secure in their persons' houses' papers' and effects against unreasonable searches and sei$ures of /hate-er nature and for an" purpose shall be in-iolable' and no search /arrant or /arrant of arrest shall issue e3cept upon probable cause to be determined personall" b" the judge after e3amination under oath or affirmation of the complainant and the /itnesses he ma" produce' and particularl" describing the place to be searched and the persons or things to be sei$ed0491 10 &istinguish from /arrant of arrest Search 2arrant494 A search /arrant is an order in /riting issued in the name of the People of the Philippines' signed b" a judge and directed to a peace officer' commanding him to search for personal propert" described therein and bring it before the court049; 2arrant of Arrest496 Arrest is the ta+ing of a person into custod" in order that he ma" be bound to ans/er for the commission of an offense049:

495 491

.ule 11: (illanueva vs. >uerubin' 6= SC.A 46; 491 Sec0 1' Art0 %%%' Constitution he o-erriding function of the constitutional guarantee is to protect personal pri-ac" and human dignit" against un/arranted intrusion b" the State0 %t is deference to oneAs personalit" that lies at the core of his right' but it could also be loo+ed upon as a recognition of a constitutionall" protected area primaril" oneAs house' but not necessaril" thereto confined0 2hat is sought to be guarded is a manAs prerogati-e to choose /ho is allo/ed entr" to his residence0 %n that ha-en of refuge' his indi-idualit" can assert itself not onl" in the choice of /ho shall be /elcome but li+e/ise in the +ind of objects he /ants around him0 hus is outla/ed an" un/arranted intrusion b" go-ernment' /hich is called upon to refrain from an" intrusion of his d/elling and to respect the pri-acies of his life ( Sc+merber -s0 Cali&ornia- 4=6 HS 7;7) 494 .ule 11: 496 .ule 114 49; Sec0 1 49: %bid0

P a g e | 114

.e?uisites: A search /arrant shall not issue e3cept upon probable cause in connection /ith one specific offense to be determined personall" b" the judge after e3amination under oath or affirmation of the complainant and the /itness he ma" produce' and particularl" describing the place to be searched and the things to be sei$ed /hich ma" be an"/here in the Philippines0497

.e?uisites for arrest issued b" . C judge:

/arrant

(1) 2ithin 15 da"s from the filing of the complaint or information (1) he judge shall personall" e-aluate the resolution of the prosecutor and its supporting e-idence0 (4) %f he finds probable cause' he shall issue a /arrant of arrest0 (6) %n case of doubt on e3istence of probable cause: the

a) he judge ma" order the prosecutor to present additional e-idence /ithin ; da"s from notice> and b) he issue must be resol-ed b" the court /ithin 45 da"s from the filing of the complaint of information049=

497 49=

Sec0 6' .ule 11: Sec0 ;

P a g e | 116

Search or sei$ure /ithout /arrant' Arrest /hen la/ful: la/ful: (a) Consented search>

/ithout

/arrant'

/hen

(a) 2hen' in his presence' the person to be arrested has (b) As an incident to a la/ful committed' is actuall" committing' arrest> or is attempting to commit an offense> (c) Searches of -essels and aircrafts for -iolation of (b) 2hen an offense has just been immigration' customs and drug committed and he has probable la/s> cause to belie-e based on personal +no/ledge of facts or (d) Searches of mo-ing -ehicles> circumstances that the person to be arrested has committed it> and (e) Searches of automobiles at borders or constructi-e borders> (c) 2hen the person to be arrested is a prisoner /ho has (f) 2here the prohibited articles escaped from a penal are in plain -ie/> establishment or place /here he is ser-ing final judgment or is (g) Searches of buildings and temporaril" confined /hile his premises to enforce fire' sanitar" case is pending' or has escaped and building regulations> /hile being transferred from one confinement to another0655 (h) Stop and fris+ operations> (i) )3igent and circumstances0499 emergenc"

40 Application for search /arrant' /here filed (a) An" court /ithin /hose territorial jurisdiction a crime /as committed> or (b) An" court /ithin the judicial region /here the crime /as committed if the place of the commission of the crime is +no/n' or an" court /ithin the judicial region /here the /arrant shall be enforced0651

499 655 651

in times of /ar and /ithin the area of militar" operation %bid0 for compelling reasons stated in the application

P a g e | 11;

#o/e-er' if the criminal action has alread" been filed' the application shall onl" be made in the court /here the criminal action is pending0 651 60 Probable Cause Such facts and circumstances /hich could lead a reasonabl" discreet and prudent man to belie-e that an offense has been committed and that the objects sought in connection /ith the offense are in the place sought to be searched0654 Although probable cause eludes e3act and concrete definition' it generall" signifies a reasonable ground of suspicion supported b" circumstances sufficientl" strong in themsel-es to /arrant a cautious man to belie-e that a person accused is guilt" of the offense /ith /hich he is charged0656 ;0 Personal e3amination b" judge of the applicant and /itnesses %n the form of searching ?uestions and ans/ers' in /riting and under oath' the complainant and the /itnesses he ma" produce on facts personall" +no/n to them and attach to the record their s/orn statements' together /ith the affida-its submitted065; :0 Particularit" of place to be searched and things to be sei$ed he rule is that a description of the place to be searched is sufficient if the officer /ith the /arrant can' /ith reasonable effort' ascertain and identif" the place intended to be searched0 2here there are se-eral apartments in the place to be searched' a description of the specific place can be determined b" reference to the affida-its supporting the /arrant that the apartment to be searched is the one occupied b" the accused0 he

651 654

Sec0 1 15th Centur" !o3 !ilm Corp0 -s0 CA' (. 7::69B;1' 5=<19<== 656 ,eople vs. "ruta' 1== SC.A :1: .e?uisites for issuing search /arrant0 8 A search /arrant shall not issue e3cept upon probable cause in connection /ith one specific offense to be determined personall" b" the judge after e3amination under oath or affirmation of the complainant and the /itness he ma" produce' and particularl" describing the place to be searched and the things to be sei$ed /hich ma" be an"/here in the Philippines (Sec0 6)0 %ssuance and form of search /arrant0 8 %f the judge is satisfied of the e3istence of facts upon /hich the application is based or that there is probable cause to belie-e that the" e3ist' he shall issue the /arrant' /hich must be substantiall" in the form prescribed b" these .ules (Sec0 :)0 65; Sec0 ;

P a g e | 11:

searching part" cannot go from one apartment to the other as the /arrant /ill then become a general /arrant065: he place specified in the search /arrant' and not the place the police officers /ho applied for the search /arrant had in mind' controls0 !or the police officers cannot amplif" nor modif" the place stated in the search /arrant0657 70 Personal propert" to be sei$ed (a) Subject of the offense> (b) Stolen or embe$$led and other proceeds' or fruits of the offense> or (c) Hsed or intended to be used as the means of committing an offense065= %t is not necessar" that the propert" to be searched or sei$ed should be o/ned b" the person against /hom the search is issued> it is sufficient that the propert" is under his control or possession0659 =0 )3ceptions to search /arrant re?uirement (a) Consented search> (b) As an incident to a la/ful arrest> (c) Searches of -essels and aircrafts for -iolation of immigration' customs and drug la/s> (d) Searches of mo-ing -ehicles> (e) Searches of automobiles at borders or constructi-e borders> (f) 2here the prohibited articles are in plain -ie/> (g) Searches of buildings and premises to enforce fire' sanitar" and building regulations>
65:

,eople vs. Salanguit' 4;: SC.A :=4 he right of the people to be secure in their persons' houses' papers' and effects against unreasonable searches and sei$ures of /hate-er nature and for an" purpose shall be in-iolable' and no search /arrant or /arrant of arrest shall issue e3cept upon probable cause to be determined personall" b" the judge after e3amination under oath or affirmation of the complainant and the /itnesses he ma" produce' and particularl" describing the place to be searched and the persons or things to be sei$ed (Sec0 1' Art0 %%%' Constitution) 657 ,eople vs. C"' 191 SC.A 655 65= Sec0 4 659 ,eople vs. Dic+oso' 114 SC.A 176

P a g e | 117

(h) Stop and fris+ operations> (i) )3igent and emergenc" circumstances0615 a0 Search incidental to la/ful arrest A person la/full" arrested ma" be searched for dangerous /eapons or an"thing /hich ma" ha-e been used or constitute proof in the commission of an offense /ithout a search /arrant0611 he la/ re?uires that there first be a la/ful arrest before a search can be made0 he process cannot be re-ersed0611 b0 Consented Search .ights ma" be /ai-ed' unless the /ai-er is contrar" to la/' public order' morals' or good customs' or prejudicial to a third person /ith a right recogni$ed b" la/0614 o constitute a -alid /ai-er of a constitutional right' it must appear: (1) that the right e3ists' (1) the person in-ol-ed had +no/ledge either actual or constructi-e' of the e3istence of such right' and (4) said person has an actual intention to relin?uish the right0616 c0 Search of mo-ing -ehicle

615 611

,eople vs. (alez' 456 SC.A 165 Sec0 14' .ule 11: he better and established rule is a strict application of the e3ception pro-ided (in Sec0 11' id0) and that is to absolutel" limit a /arrantless search of a person /ho is la/full" arrested to his or her person at the time of and incident to his or her arrest and to dangerous /eapons or an"thing /hich ma" be used as proof of the commission of the offense0 Such /arrantless search ob-iousl" cannot be made in an" other than the place of arrest (0olasco vs. ,ano' 167 SC.A ;55) 611 ,eople vs. Malmste$t' 19= SC.A 65 hus' in a bu"Bbust operation conducted to entrap a drug pusher' the la/ enforcement agents ma" sei$e the mar+ed mone" found on the person of the pusher immediatel" after the arrest e-en /ithout arrest and search /arrants (,eople vs. ,aco' 175 SC.A :=1)0 614 Art0 :' Ci-il Code 616 ,eople vs. Salangga' (0.0 155915' 57<1;<96 As the constitutional guarantee is not dependent upon an" affirmati-e act of the citi$en' the courts do not place the citi$en in the position of either contesting an officerAs authorit" b" force' or /ai-ing his constitutional rights' but instead the" hold that a peaceful submission and silence of the accused in a search or sei$ure is not a consent or an in-itation thereto' but is merel" a demonstration of regard to the supremac" of the la/ ( ,eople vs. Barros' 141 SC.A ;;7)0

P a g e | 11=

Peace officers are limited to routine chec+s061; his is justified on the ground that the mobilit" of motor -ehicles ma+es it possible for the -ehicles to mo-e out of the localit" or jurisdiction in /hich the /arrant must be sought0 his' ho/e-er' does not gi-e the police officers unlimited discretion to conduct /arrantless searches of automobiles in the absence of probable cause061: d0 Chec+ points> bod" chec+s in airport .outine inspections are not regarded as -iolati-e of an indi-idualAs right against unreasonable search0 he search /hich is normall" permissible in this instance is limited to the follo/ing: (1) /here the officer merel" dra/s aside the curtain of a -acant -ehicle /hich is par+ed on the public fair grounds> (1) simpl" loo+s into a -ehicle> (4) flashes a light therein /ithout opening the carAs doors> (6) /here the occupants are not subjected to a ph"sical or bod" search> (;) /here the inspection of the -ehicles is limited to a -isual search or -isual inspection> and (:) /here the routine chec+ is conducted in a fi3ed area0617 e0 Plain -ie/ situation he plain -ie/ doctrine recogni$es that objects inad-ertentl" falling in plain -ie/ of an officer /ho has the right to be in the position to ha-e that -ie/' are subject to sei$ure /ithout /arrant061=
61;

that is' the -ehicles are neither reall" searched nor their occupants subjected to ph"sical or bod" searches' the e3amination of the -ehicles being limited to -isual inspection ( ,eople vs. Barros- 141 SC.A ;;7) 61: ,eople vs. Bagista' 116 SC.A :4 2arrantless search of mo-ing -ehicle is justified on the ground that it is not practicable to secure a /arrant because the -ehicle can be ?uic+l" mo-ed out of the localit" or jurisdiction in /hich the /arrant must be sought (,eople vs. .o 1o 3ong' 194 SC.A 111) 617 Caballes vs. C"' (. 14:191' 51<1;<51 %n "niag- *r. vs. C!M%.%C' 147 SC.A 616' a /arrantless search conducted at police or militar" chec+points has been upheld for as long as the -ehicle is neither searched nor its occupants subjected to bod" search' and the inspection of the -ehicle is merel" limited to -isual search0 61= 1arris vs. ?S' 495 HS 416

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)lements of Eplain -ie/F sei$ure: (a) prior -alid intrusion based on the -alid /arrantless arrest in /hich the police are legall" present in the pursuit of their official duties> (b) the e-idence /as inad-ertentl" disco-ered b" the police /ho had the right to be /here the" are> (c) the e-idence must be immediatel" apparent> and (d) Eplain -ie/F justified b" mere sei$ure of e-idence /ithout further search0619 f0 Stop and !ris+ situation his is based on the conduct of the person' /ho acts suspiciousl"' and /hen searched' such search /ould "ield unla/ful items in connection /ith an offense' such as unlicensed firearms' and prohibited drugs0615 g0 )nforcement of Custom Da/s Person(s) deputi$ed b" the Cureau of Customs can affect searches' sei$ures and arrests e-en /ithout /arrant of sei$ure or detention0 he" could la/full" open and e3amine an" bo3' trun+' en-elope or other container /here-er found /hen there is reasonable cause to suspect the presence of dutiable articles introduced into the Philippines contrar" to la/0 he" can
%t ma" not' ho/e-er' be used to launch unbridled searches and indiscriminate sei$ures' nor to e3tend a general e3plorator" search made solel" to find e-idence of a defendantAs guilt0 %t is usuall" applied /here a police officer is not searching for e-idence against the accused' but nonetheless inad-ertentl" comes across an incriminating object ( Cooli$ge vs. 0e7 1amps+ire' 654 HS 664)0 %t is also been suggested that e-en if an object is obser-ed in plain -ie/' the sei$ure of the subject /ill not be justified /here the incriminating nature of the object is not apparent0 Stated differentl"' it must be immediatel" apparent to the police that the items that the" obser-e ma" be e-idence of a crime' contraband or other/ise subject to sei$ure ( ,eople vs. Musa' 117 SC.A ;97)0 619 ,eople vs. "ruta' 1== SC.A :1: 615 hus' it has been held that a person /ho /as carr"ing a bag and acting suspiciousl" could be searched b" police officers and the unlicensed firearm sei$ed inside the bag is admissible in e-idence' being an incident of a la/ful arrest0 Similarl"' a person roaming around in a place /here drug addicts usuall" are found' /hose e"es /ere red and /ho /as /obbling li+e a drun+' could be legall" searched of his person and the illegal drug sei$ed from him is admissible in e-idence against him (Manalili vs. C"' 1=5 SC.A 655)0 A stop and fris+ ser-es a t/oBfold interest: (1) the general interest of effecti-e criminal protection and detection /hich underlie the recognition that a police officer ma"' under appropriate circumstances and in an appropriate manner' approach a person for purposes of in-estigating possible criminal beha-ior e-en /ithout probable cause> and (1) the more pressing interest of safet" and selfB preser-ation /hich permit the police officer to ta+e steps to assure himself that the person /ith /hom he deals is not armed /ith a deadl" /eapon that could une3pectedl" and fatall" be used against him (Terry vs. !+io' 491 HS 1)

P a g e | 115

li+e/ise stop' search and e3amine an" -ehicle' beast or person reasonabl" suspected of holding or con-e"ing such articles0611 Hnder the ariff and Customs Code' customs officers are authori$ed to ma+e arrest' search and sei$ure of an" -essel' aircraft' cargo' articles' animals or other mo-able propert" /hen the same is subject to forfeiture or liable for an" fine under the customs and tariff la/s' rules and regulations 611 and ma" at an" time enter' pass through or search an" land or enclosure or an" /arehouse' store or other building /ithout being a d/elling house0614 90 .emedies from unla/ful search and sei$ure (a) Motion to ?uash the search /arrant /ith the issuing court> or (b) case0616 P. Pro/isional .emedies61; 10 Nature he pro-isional remedies in ci-il actions' insofar as the" are applicable' ma" be a-ailed of in connection /ith the ci-il action deemed instituted /ith the criminal action061:
611

Motion to suppress e-idence /ith the court tr"ing the criminal

,apa vs. Mago' 11 SC.A =;7 he intention behind the grant of such authorit" is to pre-ent smuggling and to secure the collection of the legal duties' ta3es and other charges (Sec0 1151' ariff and Customs Code)0 611 Sec0 115; 614 Sec0 115= A d/elling house ma" be entered or searched onl" upon /arrants issued b" judge upon s/orn application sho/ing probable cause and particularl" describing the placed to be searched and person or things to be searched (Sec0 115)0 616 he remedies are alternati-e' not cumulati-e 0 %f the motion to ?uash is denied' a motion to suppress cannot be a-ailed of subse?uentl"0 A motion to ?uash a search /arrant and<or to suppress e-idence obtained thereb" ma" be filed in and acted upon onl" b" the court /here the action has been instituted0 %f no criminal action has been instituted' the motion ma" be filed in and resol-ed b" the court that issued search /arrant0 #o/e-er' if such court failed to resol-e the motion and a criminal case is subse?uentl" filed in another court' the motion shall be resol-ed b" the latter court (Sec0 16)0 %f a search /arrant is issued and it is attac+ed' a motion to ?uash is the remed" or a motion to suppress the e-idence sei$ed pursuant to the search /arrant /ould be a-ailable0 .eple-in ma" also be proper if the objects are legall" possessed0 61; .ule 117 61: Sec0 1 he re?uisites and procedure for a-ailing of these pro-isional remedies shall be the same as those for ci-il cases0 Conse?uentl"' an application for reco-er" of damages on the bond posted for purposes of said pro-isional remedies shall be made in the same action and' generall"' cannot be the subject of a separate action (Sec0 16' .ule ;7> Sec0 =' .ule ;=> Sec0

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10 Iinds of pro-isional remedies (a) Attachment0 8 2hen the ci-il action is properl" instituted in the criminal action as pro-ided in .ule 111'617 the offended part" ma" ha-e the propert" of the accused attached as securit" for the satisfaction of an" judgment that ma" be reco-ered from the accused in the follo/ing cases: (1) 2hen the accused is about to abscond from the Philippines> (1) 2hen the criminal action is based on a claim for mone" or propert" embe$$led or fraudulentl" misapplied or con-erted to the use of the accused /ho is a public officer' officer of a corporation' attorne"' factor' bro+er' agent or cler+' in the course of his emplo"ment as such' or b" an" other person in a fiduciar" capacit"' or for a /illful -iolation of dut"> (4) 2hen the accused has concealed' remo-ed' or disposed of his propert"' or is about to do so> and (6) 2hen the accused resides outside the Philippines061=
9' .ule ;9> Sec0 15' .ule :5)0 !or this reason' the order of trial no/ specificall" pro-ides that the accused ma" present e-idence' not onl" to pro-e his defense' but also such damages as he ma" ha-e sustained and arising from the issuance of an" pro-isional remed" in the case (Sec0 11LbM' .ule 119> Sec0 11' .ule 116)0 he pro-isional remedies under this .ule are proper onl" /here the ci-il action for the reco-er" of ci-il liabilit" e/ $elicto has not been e3pressl" /ai-ed or the right to institute such ci-il action separatel" is not reser-ed' in those cases /here such reser-ation ma" be made0 " &ortiori' /here the ci-il action has actuall" been instituted' /hether such action has been suspended b" the subse?uent institution of the criminal action (Sec0 1' .ule 111) or ma" proceed independentl" of the criminal action but ma" be applied for in the separate ci-il action0 617 supra 61= Sec0 1 (rounds upon /hich attachment ma" issue0 8 At the commencement of the action or at an" time before entr" of judgment' a plaintiff or an" proper part" ma" ha-e the propert" of the ad-erse part" attached as securit" for the satisfaction of an" judgment that ma" be reco-ered in the follo/ing cases: (a) %n an action for the reco-er" of a specified amount of mone" or damages' other than moral and e3emplar"' on a cause of action arising from la/' contract' ?uasiBcontract' delict or ?uasiBdelict against a part" /ho is about to depart from the Philippines /ith intent to defraud his creditors> (b) %n an action for mone" or propert" embe$$led or fraudulentl" misapplied or con-erted to his o/n use b" a public officer' or an officer or a corporation' or an attorne"' factor' bro+er' agent' or cler+' in the course of his emplo"ment as such' or b" an" other person in a fiduciar" capacit"' or for a /illful -iolation of dut"> (c) %n an action to reco-er the possession of propert" unjustl" or fraudulentl" ta+en' detained or con-erted' /hen the propert"' or an" part thereof' has been concealed' remo-ed' or disposed of to pre-ent its being found or ta+en b" the applicant or an

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(b) %njunction619 (c) .ecei-ers645

(b) .eple-in 8 deli-er" of personal propert"641

(e) Support ,en$ente lite 8 to compel ad-erse part" to pro-ide support /hile the action is pending in court0 he application must be -erified and shall be set for hearing not more than three (4) da"s from the filing of the petition0 No bond is re?uired from the applicant0

authori$ed person> (d) %n an action against a part" /ho has been guilt" of a fraud in contracting the debt or incurring the obligation upon /hich the action is brought' or in the performance thereof> (e) %n an action against a part" /ho has remo-ed or disposed of his propert"' or is about to do so' /ith intent to defraud his creditors> or (f) %n an action against a part" /ho does not reside and is not found in the Philippines' or on /hom summons ma" be ser-ed b" publication0 .ule ;7 on preliminar" attachment applies on the procedure to secure an attachment in the cases authori$ed under .ule 117 619 See %%%0 Ci-il Procedure' supra 645 %bid0 641 %bid0

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EVIDENCE641 A. #eneral Princi)les644 10 Concept of )-idence )-idence is the means of ascertaining in a judicial proceeding the truth respecting a matter of fact0646 (enerall"' the mode or manner of pro-ing factual allegations in a complaint' information or petition is through /itnesses /ho are placed in the /itness stand to testif" on /hat the" personall" +no/ of the case and<or to identif" rele-ant documents0 he" are presented -oluntaril" or through the coerci-e process of subpoena $uces tecum064; 10 Scope of the .ules of )-idence Shall be the same in all courts and in all trials and hearings' e3cept as other/ise pro-ided b" la/ or the .ules of Court064: 40 )-idence in Ci-il Cases *ersus )-idence in Criminal Cases )-idence in Ci-il Cases )-idence in Criminal Cases

he part" ha-ing the burden of he guilt of the accused has to be proof must pro-e his claim b" a pro-en be"ond reasonable
641 644

.ules 11= 8 146 .ule 11= 646 Sec0 1 64; )-idence is also secured b" resorting to modes of disco-er"' such as: (a) a+ing of depositions of an" person' oral or /ritten (.ule 14)> (b) Ser-ing of interrogatories to parties (.ule 1;)> (c) Ser-ing of re?uests for admission b" the ad-erse part" (.ule 1;)> (d) Production and inspection of documents (.ule 17)> and (e) )3amination of ph"sical and mental conditions of persons (.ule 1=)0 A matter ma" also be pro-ed b" means of affida-it' such as in motions based on facts not appearing on record' in cases co-ered b" the .ules on Summar" Procedure' and those filed in administrati-e or ?uasiBjudicial bodies0 he basis of e-idence is the adaptation to the successful de-elopment of the truth> and a rule of e-idence at one time though necessar" to the ascertainment of truth should "ield to the e3perience of a succeeding generation /hene-er that e3perience has clearl" demonstrated the fallac" or un/isdom of the old rule (#unk vs. ?S' 491)0 64: Sec0 1' .ule 11=

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preponderance of e-idence0647

doubt064=

An offer of compromise is not an admission of an" liabilit"' and is not admissible in e-idence against the offeror0649

)3cept those in-ol-ing ?uasiB offenses665 or those allo/ed b" la/ to be compromised' an offer of compromise b" the accused ma" be recei-ed in e-idence as an implied admission of guilt0661 the

(enerall"' there is no presumption he accused enjo"s for or against a part"0 )3ception: presumption of innocence in some ci-il cases such as in a contractual suit against the carrier' there e3ists a presumption against the defendant0

hese differences constitute e3ceptions to the rule that the rules of e-idence shall be the same in all courts and in all proceedings0 661 60 Proof *ersus )-idence )-idence Medium of proof Means to the end Proof )ffect and result of e-idence )nd result ;0 !actum ,robans *ersus !actum ,roban$um #actum proban$um Proposition to be established
647 64= 649 665 661 661

#actum ,robans Material proposition e-idencing the

Sec0 1' .ule 144 Sec0 1' id0 Sec0 17' .ule 145 criminal negligence Sec0 17' .ule 144 Sec0 1' .ule 11=

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Concei-ed of as h"pothetical> that Concei-ed of for practical /hich one part" affirms and the purposes as e3istent' and is other denies offered as such for the consideration of the court0 :0 Admissibilit" of )-idence Pertains to the abilit" of the e-idence to be allo/ed and accepted subject to its rele-anc" and competence Substanti-e essence or characteristic feature of e-idence as /ould ma+e it /orth" of consideration b" the court before its admission0 664 a0 .e?uisites for admissibilit" of e-idence (a) %t is rele-ant to the issue> and (b) %t is competent0666 Admissibilit" is determined' first' b" rele-anc" 66; B an affair of logic and not of la/> second' but onl" indirectl"' b" the la/ of e-idence /hich' in strictness' onl" declares /hether matter /hich is logicall" probati-e is e3cluded066: b0 .ele-ance of e-idence and collateral matters )-idence must ha-e such a relation to the fact in issue as to induce belief in its e3istence or nonBe3istence0
664

/o a3ioms of admissibilit": (a) None but facts ha-ing rational probati-e -alue are admissible0 8 %t assumes no particular doctrine as to the +ind of ratiocination impliedN/hether practical or scientific' coarse and read" or refined and s"stematic0 %t prescribes merel" that /hate-er is presented as e-idence shall be presented on the h"pothesis that it is calculated' according to the pre-ailing standards of reasoning' to effect rational persuasion0 (b) All facts ha-ing rational probati-e -alue are admissible0 8 his a3ioms e3presses the truth that legal proof' though it has peculiar rules of its o/n' does not intend to -ar" /ithout cause from /hat is generall" accepted in the rational processes of life> and that of such -ariations some -indication ma"' in theor"' al/a"s be demanded (2igmore on )-idence' Secs0 9' 15) 666 2eight of e-idence: (a) Pertains to the effect of e-idence admitted0 (b) he probati-e -alue of e-idence /hich the court ma" gi-e to admit after compl"ing /ith the rules of rele-anc" and competenc"0 it does not belong to that class of e-idence /hich is e3cluded b" the la/ or the rules0 66; .ele-ant e-idence 8 e-idence /hich has a relation to the fact in issue as to induce belief in its e3istence or nonBe3istence> e-idence /hich tends in an" reasonable degree to establish the probabilit" or improbabilit" of the fact in issue0 66: Presumptions and the Da/ of )-idence' 4 #ar-0 D0 .e-0 14B16

P a g e | 11:

)-idence is rele-ant /hen it has a relation to the fact in issue as to induce belief in its e3istence or nonBe3istence0667 )-idence on collateral matters66= shall not be allo/ed' e3cept /hen it tends in an" reasonable degree to establish the probabilit" or improbabilit" of the fact in issue0669 c0 Multiple admissibilit" 2hen a fact is offered for one purpose' and is admissible in so far as it satisfies all rules applicable to it /hen offered for that purpose' its failure to satisf" some other rule /hich /ould be applicable to it if offered for another purpose does not e3clude it06;5 d0 Conditional admissibilit" 2here t/o or more e-identiar" facts are so connected under the issues that the rele-anc" of one depends upon another not "et e-idenced' and the part" is unable to introduce them both at the same moment' the offering counsel ma" be re?uired b" the court' as a condition precedent (a) to state the supposed connecting facts> and (b) to promise to e-idence them later06;1
667

.ele-ant e-idence is one /hich tends in an" reasonable degree to establish the probabilit" or improbabilit" of the fact in issue ests of .ele-anc": (a) )-er" fact or circumstance tending to thro/ light on the issue is rele-ant> (b) )-idence is rele-ant from /hich the fact in issue is logicall" inferable> (c) An" circumstance is rele-ant /hich tends to ma+e the proposition at issue more or less probable' or /hich is calculated to e3plain or establish facts pertinent to the in?uir"> (d) he test is /hether the e-idence conduces to the proof of a pertinent h"pothesis' such h"pothesis being one /hich' if sustained' /ould logicall" influence the issue> (e) he facts are rele-ant if the" fairl" tend to pro-e the offense charged (HnderhillAs Criminal )-idence' ;th )d0' *ol0 %)0 66= Collateral matters are those other than the facts in issue and /hich are offered as basis for inference as to the e3istence or nonBe3istence of the facts in issue (1 2igmore 641)0 (a) Prospectant collateral matters 8 those preceding of the fact in issue but pointing for/ard to it' li+e moral character' moti-e' conspirac"> (b) Concomitant collateral matters 8 those accompan"ing the fact in issue and pointing to it' li+e alibi' or opportunit" and incompatibilit"> (c) .etrospectant collateral matters 8 those succeeding the fact in issue but pointing bac+/ard to it' li+e flight and concealment' beha-ior of the accused upon being arrested' fingerprints or footprints' articles left at the scene of the crime /hich ma" identif" the culprit (1 2igmore 661B64)0 669 Sec0 6' .ule 11= 6;5 2igmoreAs Code of )-idence' 4rd )d0' p0 1= 6;1 %f a promise thus made is not fulfilled' the court ma" stri+e out the e-idence thus conditionall" admitted' if a motion is made b" the opposite part"0 hus' e-idence of facts and declarations ma" not become material or admissible until sho/n to be those of an agent

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e0 Curati-e admissibilit" 2here an inadmissible fact has been offered b" one part" and recei-ed /ithout objection' and the opponent after/ards' for the purpose of negati-ing or e3amining or other/ise counteracting it' offers a fact similarl" inadmissible' such fact is admissible if it ser-es to remo-e an unfair effect upon the court /hich might other/ise ensue from the original fact0 %f the opponent made a timel" objection at the time the inadmissible e-idence /as offered' and his objection /as erroneousl" o-erruled in the first instance' the claim to present similar inadmissible facts /ould be untenable since his objection /ould sa-e him' on appeal' from an" harm /hich ma" accrue06;1 )-idence' other/ise improper' is admitted to contradict improper e-idence introduced b" the other part"06;4 f0 &irect and circumstantial e-idence &irect e-idence Circumstantial e-idence

hat /hich pro-es the fact in he proof of facts from /hich' dispute /ithout the aid of an" ta+en collecti-el"' the e3istence of inference or presumption0 the particular fact in dispute ma" be inferred as a necessar" or probable conse?uence0 g0 Positi-e and negati-e e-idence Positi-e e-idence Negati-e

hat /hich affirms the occurrence 2hen the e-idence denies the of an e-ent or e3istence of a occurrence of an e-ent or fact06;6 e3istence of a fact06;;
of the other part"' and a cop" of a /riting ma" not become competent e-idence until the original is pro-en to be lost or destro"ed0 )-idence /hich appears to be immaterial is admitted b" the court subject to the condition that its connection /ith other facts subse?uentl" to be pro-ed /ill be established (,eople vs. 2atco' 97 Phil0 965 6;1 McCormic+ on )-idence' p0 4; 6;4 1 2igmore 456B459 6;6 as /hen a /itness declares that there /as no fight /hich too+ place0 6;; as /hen the accused presents /itnesses /ho testif" that the accused /as at their part" /hen the crime /as committed0 &enials and alibis are negati-e e-idence0

P a g e | 11=

he general rule is that positi-e e-idence pre-ails o-er negati-e e-idence' or that a positi-e assertion is gi-en more /eight o-er a plain denial0 h0 Competent and credible e-idence Competent e-idence Credible e-idence belief>

@ne that is not e3cluded b" la/ or @ne that is /orth" of the rules06;: trust/orth" e-idence06;7

Competenc" is a ?uestion /hich Credibilit" concerns the degree of arises before considering the credit to be gi-en to his testimon"0 e-idence gi-en b" the /itness0 &enotes the personal ?ualification &enotes the of the /itness testimon" -eracit" of the

A /itness ma" be competent' and "et gi-e incredible testimon"> he ma" be incompetent' and "et his e-idence' if recei-ed' be perfectl" credible06;= 70 Curden of Proof and Curden of )-idence Curden of proof6;9 is the dut" of a part" to present e-idence on the facts in issue necessar" to establish his claim or defense b" the amount of e-idence re?uired b" la/06:5 Curden of proof
6;:

Curden of e-idence

%n the la/ of e-idence' competenc" means the presence of those characteristics' or the absence of those disabilities' /hich render a /itness legall" fit and ?ualified to gi-e testimon" in a court of justice> /hich is applied' in the same sense' to documents or other /ritten e-idence (Clac+Gs Da/ &ictionar")0 )3clusionar" rule ma+es e-idence illegall" obtained as inadmissible in e-idence' hence' not competent0 6;7 Clac+Gs Da/ &ictionar"' 9th )d0 6;= rial courts ma" allo/ a person to testif" as a /itness upon a gi-en matter because he is competent' but ma" thereafter decide /hether to belie-e or not to belie-e his testimon"0 Credibilit" depends on the appreciation of his testimon" and arises from the brief conclusion of the court that said /itness is telling the truth ( Gonzales vs. C"' 95 SC.A 1=4)0 6;9 also termed onus proban$i 6:5 Sec0 1' .ule 141

P a g e | 119

&enotes the dut" of establishing he necessit" of going for/ard the truth of a gi-en proposition or /ith the e-idence to meet the issue b" such ?uantum of prima &acie case created against e-idence as the la/ demands in him0 the case in /hich the issue arises' /hether ci-il or criminal0 %t remains /ith the part" alleging facts and ne-er shifts to the other part"0 #e /ho alleges the affirmati-e of the issue has the burden of proof' and the same ne-er parts0 =0 Presumptions Species of e-idence /hich ma" pro-e certain issues in dispute0 are either conclusi-e or disputable0 a0 Conclusi-e presumption A presumption that cannot be o-ercome b" an" additional e-idence or argument06:1 %nstances: (a) 2hene-er a part" has' b" his o/n declaration' act' or omission' intentionall" and deliberatel" led another to belie-e a particular thing true' and to act upon such belief' he cannot' in an" litigation arising out of such declaration' act or omission' be permitted to falsif" it: (b) he tenant is not permitted to den" the title of his landlord at the time of the commencement of the relation of landlord and tenant bet/een them0 b0 &isputable presumption6:1 An inference dra/n from certain facts that establish a prima &acie case /hich ma" be o-ercome b" the introduction of contrar" e-idence0 6:4
6:1

%t shifts from side to side as the trial of the case progresses and e-idence is introduced b" the respecti-e parties0

he"

6:1 6:4

Clac+Gs Da/ &ictionar"' 9th )d0 %t is sometimes referred to as irrebuttable presumption0 *uris tantum Clac+Gs Da/ &ictionar"' 9th )d0

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he follo/ing presumptions are satisfactor" if uncontradicted' but ma" be contradicted and o-ercome b" other e-idence: (a) hat a person is innocent of crime or /rong> (b) hat an unla/ful act /as done /ith an unla/ful intent> (c) act> (d) hat a person ta+es ordinar" care of his concerns> (e) hat e-idence /illfull" suppressed /ould be ad-erse if produced> (f) hat mone" paid b" one to another /as due to the latter> (g) hat a thing deli-ered b" one to another belonged to the latter> (h) hat an obligation deli-ered up to the debtor has been paid> (i) hat prior rents or installments had been paid /hen a receipt for the later ones is produced> (j) hat a person found in possession of a thing ta+en in the doing of a recent /rongful act is the ta+er and the doer of the /hole act> other/ise' that thing /hich a person possesses' or e3ercises acts of o/nership o-er' are o/ned b" him> (+) hat a person in possession of an order on himself for the pa"ment of the mone"' or the deli-er" of an"thing' has paid the mone" or deli-ered the thing accordingl"> (1) hat a person acting in a public office /as regularl" appointed or elected to it> (m) hat official dut" has been regularl" performed> (n) hat a court' or judge acting as such' /hether in the Philippines or else/here' /as acting in the la/ful e3ercise of jurisdiction> (o) hat all the matters /ithin an issue raised in a case /ere laid before the court and passed upon b" it> and in li+e manner that all matters /ithin an issue raised in a dispute submitted for arbitration /ere laid before the arbitrators and passed upon b" them> (p) hat pri-ate transactions ha-e been fair and regular> hat a person intends the ordinar" conse?uences of his -oluntar"

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(?) hat the ordinar" course of business has been follo/ed> (r) hat there /as a sufficient consideration for a contract> (s) hat a negotiable instrument /as gi-en or indorsed for a sufficient consideration> (t) hat an indorsement of a negotiable instrument /as made before the instrument /as o-erdue and at the place /here the instrument is dated> (u) hat a /riting is trul" dated> (-) hat a letter dul" directed and mailed /as recei-ed in the regular course of the mail> (/) hat after an absence of se-en (7) "ears' it being un+no/n /hether or not the absentee still li-es' he is considered dead for all purposes' e3cept for those of succession0 he absentee shall not be considered dead for the purpose of opening his succession till after an absence of ten (15) "ears0 %f he disappeared after the age of se-ent"Bfi-e (7;) "ears' an absence of fi-e (;) "ears shall be sufficient in order that his succession ma" be opened06:6 (3) hat ac?uiescence resulted from a belief that the thing ac?uiesced in /as conformable to the la/ or fact> (") hat things ha-e happened according to the ordinar" course of nature and the ordinar" habits of life>
6:6

he follo/ing shall be considered dead for all purposes including the di-ision of the estate among the heirs: (1) A person on board a -essel lost during a sea -o"age' or an aircraft /hich is missing' /ho has not been heard of for four (6) "ears since the loss of the -essel or aircraft> (1) A member of the armed forces /ho has ta+en part in armed hostilities' and has been missing for four (6) "ears> (4) A person /ho has been in danger of death under other circumstances and /hose e3istence has not been +no/n for four (6) "ears> (6) %f a married person has been absent for four (6) consecuti-e "ears' the spouse present ma" contract a subse?uent marriage if he or she has a /ellBfounded belief that the absent spouse is alread" dead0 %n case of disappearance' /here there is danger of death under the circumstances hereinabo-e pro-ided' an absence of onl" t/o (1) "ears shall be sufficient for the purpose of contracting a subse?uent marriage0 #o/e-er' in an" case' before marr"ing again' the spouse present must institute a summar" proceeding as pro-ided in the !amil" Code and in the rules for a declaration of presumpti-e death of the absentee' /ithout prejudice to the effect of reappearance of the absent spouse0

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($) hat persons acting as coBpartners ha-e entered into a contract of coBpartnership> (aa) hat a man and /oman deporting themsel-es as husband and /ife ha-e entered into a la/ful contract of marriage> (bb) hat propert" ac?uired b" a man and a /oman /ho are capacitated to marr" each other and /ho li-e e3clusi-el" /ith each other as husband and /ife /ithout the benefit of marriage or under a -oid marriage' has been obtained b" their joint efforts' /or+ or industr"0 (cc) hat in cases of cohabitation b" a man and a /oman /ho are not capacitated to marr" each other and /ho ha-e ac?uired propert" through their actual joint contribution of mone"' propert" or industr"' such contributions and their corresponding shares including joint deposits of mone" and e-idences of credit are e?ual0 (dd) hat if the marriage is terminated and the mother contracted another marriage /ithin three hundred (455) da"s after such termination of the former marriage' these rules shall go-ern in the absence of proof to the contrar": (1) A child born before one hundred eight" (1=5) da"s after the solemni$ation of the subse?uent marriage is considered to ha-e been concei-ed during the former marriage' pro-ided it be born /ithin three hundred da"s after the termination of the former marriage> (1) A child born after one hundred eight" (1=5) da"s follo/ing the celebration of the subse?uent marriage is considered to ha-e been concei-ed during such marriage' e-en though it be born /ithin the three hundred (455) da"s after the termination of the former marriage0 (ee) hat a thing once pro-ed to e3ist continues as long as is usual /ith things of that nature> (ff) hat the la/ has been obe"ed> (gg) hat a printed or published boo+' purporting to be printed or published b" public authorit"' /as so printed or published> (hh) hat a printed or published boo+' purporting to contain reports of cases adjudged in tribunals of the countr" /here the boo+ is published' contains correct reports of such cases> (ii) hat a trustee or other person /hose dut" it /as to con-e" real propert" to a particular person has actuall" con-e"ed it to him /hen such

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presumption is necessar" to perfect the title of such person or his successor in interest> (jj) hat e3cept for purposes of succession' /hen t/o (1) persons perish in the same calamit"' such as /rec+' battle' or conflagration' and it is not sho/n /ho died first' and there are no particular circumstances from /hich it can be inferred' the sur-i-orship is determined from the probabilities resulting from the strength and age of the se3es' according to the follo/ing rules: 10 %f both /ere under the age of fifteen (1;) "ears' the older is deemed to ha-e sur-i-ed> 10 %f both /ere abo-e the age of si3t" (:5)' the "ounger is deemed to ha-e sur-i-ed> 40 %f one is under fifteen (1;) and the other abo-e si3t"' the former is deemed to ha-e sur-i-ed> 60 %f both be o-er fifteen (1;) and under si3t" (:5)' and the se3 be different' the male is deemed to ha-e sur-i-ed> if the se3 be the same' the older> ;0 %f one be under fifteen (1;) or o-er si3t" (:5)' and the other bet/een those ages' the latter is deemed to ha-e sur-i-ed0 (++) hat if there is a doubt' as bet/een t/o (1) or more persons /ho are called to succeed each other' as to /hich of them died first' /hoe-er alleges the death of one prior to the other' shall pro-e the same> in the absence of proof' the" shall be considered to ha-e died at the same time0 6:; 90 Diberal Construction of the .ules of )-idence Such e?uitable construction as /ill enlarge the letter of rule to accomplish its intended purpose' carr" out its intent' or promote justice0 %t is that construction /hich e3pands the meaning of the rule to meet cases /hich are clearl" /ithin the spirit or reason thereof or /hich gi-es a rule its generall" accepted meaning to the end that the most comprehensi-e application thereof ma" be accorded' /ithout doing -iolence to an" of its terms0 %n short' liberal construction means that the /ords should recei-e a fair and reasonable interpretation' so as to secure a just' speed" and ine3pensi-e disposition of e-er" action or proceeding0 6::
6:; 6::

Sec0 4 Agpalo' Statutor" Construction' p0 1=7 L199=M

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150 Juantum of )-idence6:7 %n the hierarch" of e-identiar" -alues' the highest is proof be"ond reasonable doubt' follo/ed b" clear and con-incing e-idence' preponderance of e-idence' and substantial e-idence' in that order06:= a0 Proof be"ond reasonable doubt6:9 hat /hich is the logical and ine-itable result of the e-idence on record' e3clusi-e of an" other consideration' of the moral certaint" of the guilt of the accused or that degree of proof /hich produces con-iction in an unprejudiced mind0 %t does not mean such degree of proof as' e3cluding possibilit" of error' produces absolute certaint"0 Moral certaint" onl" is re?uired0 675 b0 Preponderance of e-idence671 hat /hich is of greater /eight or more con-incing than that /hich is offered in opposition to it0671 %t means probabl" the truth0 %t is e-idence /hich is more con-incing to the court as /orth" of belief than that /hich is offered in opposition thereto0674 c0 Substantial e-idence676 Such rele-ant e-idence as a reasonable mind might accept as ade?uate to support a conclusion' and its absence is not sho/n b" stressing that there is contrar" e-idence on record' direct or circumstantial0 67;
Court litigations are primaril" for the search of truth' and a liberal interpretation of the rules b" /hich both parties are gi-en the fullest opportunit" to adduce proofs is the best /a" to ferret out the truth (,eople vs. %bias' 461 SC.A :7;)0 6:7 2eight And Sufficienc" of )-idence' .ule 144 6:= Manalo vs. Rol$an Con&essor' 11; SC.A =5=> %RB vs. C"' 4;7 SC.A 45 L1551M 6:9 re?uired for con-iction of an accused in a criminal case 675 ,eople vs. Bacalso' 191 SC.A ;;7 L1991M 671 the degree of e-idence re?uired in ci-il cases 671 %t is considered as s"non"mous /ith the terms Egreater /eight of e-idenceF or Egreater /eight of credible e-idence0F 674 Republic vs. C"' 156 SC.A 1:5 L1991M 676 re?uired to reach a conclusion in administrati-e proceedings or to establish a fact before administrati-e and ?uasiBjudicial bodies 67; (elas'uez vs. 0ery' 111 SC.A 1= L1991M %t means more than a scintilla but ma" be some/hat less than preponderance' e-en if other reasonable minds might concei-abl" opine other/ise ( Manalo vs. Rol$an Con&essor' supra)0

P a g e | 14;

d0 Clear and con-incing e-idence )-idence indicating that the thing to be pro-ed is highl" probable or reasonabl" certain0 his is greater burden than preponderance of e-idence' the standard applied in most ci-il trials' but less than e-idence be"ond reasonable doubt' the norm for ci-il trials067: %t is often said that to o-ercome a disputable presumption of la/' clear and con-incing e-idence is re?uired0 B. 'udicial ,otice and 'udicial Admissions 10 2hat Need Not be Pro-ed677 a0 Matters of ,udicial Notice 10 Mandator" he e3istence and territorial e3tent of states' their political histor"' forms of go-ernment and s"mbols of nationalit"' the la/ of nations' the admiralt" and maritime courts of the /orld and their seals' the political constitution and histor" of the Philippines' the official acts of the legislati-e' e3ecuti-e and judicial departments of the Philippines' the la/s of nature' the measure of time' and the geographical di-isions067= 10 &iscretionar" Matters /hich are of public +no/ledge' or are capable of un?uestionable demonstration' or ought to be +no/n to judges because of their judicial functions0679 40 ,udicial Admissions &oes not re?uire proof06=5 he admission ma" be contradicted onl" b" sho/ing that it /as made through palpable mista+e or that no such admission /as made06=1
67:

Clac+As Da/ &ictionar"' 9th )d0 !or instance' to contradict the presumption of -alidit" and regularit" in fa-or of a notarial or public document' there must be e-idence that is clear' con-incing and more than preponderant0 he presumption that la/ enforcers ha-e regularl" performed their duties re?uires that proof of frameBup' /hich can be made /ith ease' must be strong' clear and con-incing (,eople vs. Tranca' 14; SC.A 6;; L1996M)0 An accused /ho in-o+es selfBdefense must pro-e it b" clear and con-incing e-idence (,eople vs. Sazon' 1=9 SC.A 755 L1995M)0 677 .ule 119 67= Sec0 1 679 Sec0 1 6=5 An admission' -erbal or /ritten' made b" a part" in the course of the proceedings must be in the same case0 6=1 Sec0 6

P a g e | 14:

a0 )ffect of judicial admissions A judicial admission cannot be contradicted unless pre-iousl" sho/n to ha-e been made thru palpable mista+e or that no such admission /as made0 An admission in a pleading on /hich a part" goes to trial is conclusi-e against him unless the court allo/s the pleader to /ithdra/' e3plain or modif" it if it appears to ha-e been made b" impro-idence or mista+e or that no such admission /as made0 b0 #o/ judicial contradicted admissions ma" be

(1) /hen it is sho/n that the admission /as made through palpable mista+e> or (1) /hen it is sho/n that no such admission /as in fact made06=1 60 ,udicial Notice of !oreign Da/s' Da/ of Nations and Municipal @rdinance he ?uestion as to /hat are the la/s of a foreign state is one of fact' not of la/0 !oreign la/s ma" not be ta+en judicial notice of and ha-e to be pro-ed li+e an" other fact'6=4 e3cept /here said la/s are /ithin the actual +no/ledge of the court06=6

,udicial admissions are those so made in the pleadings filed or in the progress of a trial (,ones on )-idence' Sec0 =96)0 ,udicial admissions are conclusi-e upon the part" ma+ing them' /hile e3trajudicial admissions or other admissions are' as a rule' and /here the elements of estoppel are not present' disputable0 ,udicial admissions ma" be -erbal or those -erball" made in the course of the trial or the" ma" be /ritten' such as those stated in a pleading0 he" ma" be e3press or implied' implied admissions b" a defendant of material facts alleged in a complaint include (a) +eeping silent on such material facts' (b) den"ing such material facts /ithout setting forth the matters upon /hich he relies to support his denial' and (c) asserting lac+ of +no/ledge or information of the truth of the material allegations /hen the same is plainl" and necessaril" /ithin the +no/ledge of defendant0 6=1 hese e3ceptions ma" negate the admission0 Cut before the court ma" allo/ a part" to relie-e him of the effects of admissions or to /ithdra/ therefrom' he has to sho/' b" proper motion' justifiable reason or palpable mista+e (Sun Brot+ers "ppliances- Inc. vs. Calunta$ ' 1: SC.A =9;)0 6=4 %n re %state o& *o+nson' 49 Phil0 1;: 6=6 such as /hen the" are /ell and generall" +no/n or the" ha-e been actuall" ruled upon in other cases before it and none of the parties claim other/ise ( ,+il. Commercial A In$ustrial Bank vs. %scolin' DB1794:' 54<19<76)

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o pro-e the foreign la/' the re?uirements of Secs0 16 and 1;' .ule 141 must be complied /ith' that is' b" an official publication or b" a dul" attested and authenticated cop" thereof0 he pro-isions of the foreign la/ ma" also be the subject of judicial admission under Sec0 6' 6=; .ule 1190 Absent an" of the foregoing e-idence or admission' the foreign la/ is presumed to the same as that in the Philippines' under the soBcalled doctrine of processual presumption06=: 2hen a foreign la/ is part of a published treatise' periodical or pamphlet and the /riter is recogni$ed in his profession or calling as e3pert in the subject' the court ma" ta+e judicial notice of the treatise containing the foreign la/06=7 2hen a foreign la/ refers to the la/ of nations' said la/ is subject to mandator" judicial notice under Sec0 1'6== .ule 1190 Hnder the Philippine Constitution' the Philippines adopts the generall" accepted principles of international la/ as part of the la/ of the land0 6=9 he" are therefore technicall" in the nature of local la/s and hence' are subject to a mandator" judicial notice0 M Cs must ta+e judicial notice of municipal ordinances in force in the municipalit" in /hich the" sit0695 . Cs should also ta+e judicial notice of municipal ordinances in force in the municipalities /ithin their jurisdiction but onl" /hen so re?uired b" la/0691 Such court must ta+e judicial notice also of municipal ordinances on appeal to it from the inferior court in /hich the latter too+ judicial notice0 691 he Court of Appeals ma" ta+e judicial notice of municipal ordinances because nothing in the .ules prohibits it from ta+ing cogni$ance of an ordinance /hich is capable of un?uestionable demonstration0694
6=;

An admission' -erbal or /ritten' made b" the part" in the course of the proceedings in the same case' does not re?uire proof0 he admission ma" be contradicted onl" b" sho/ing that it /as made through palpable mista+e or that no such admission /as made0 6=: Collector o& Internal Revenue vs. #is+er' DB11:11' 51<1=<:1) 6=7 Sec0 6:' .ule 145 6== supra 6=9 Sec0 1' Art0 %% 695 ?S vs. Blanco' 47 Phil0 11: 691 !or instance' the charter of Cit" of Manila re?uires all courts sitting therein to ta+e judicial notice of all ordinances passed b" the cit" council (Cit" of Manila -s0 (arcia' 19 SC.A 614) 691 ?S vs. 1ernan$ez' 41 Phil0 ;61 694 Gallego vs. ,eople' = SC.A=14

P a g e | 14=

C. +b2ect E/idence696 10 Nature of @bject )-idence hose addressed to the senses of the court0 69; .eal e-idence refers to the thing or fact or material or corporate object or human bod" parts thereof' /hich can be -ie/ed or inspected b" the court and /hich a part" ma" present in e-idence .eal e-idence is also called Eautoptic preference'F /hich is inspection b" the court of a thing itself and its conditions' to enable the court to effecti-el" e3ercise its judicial po/er of recei-ing and /eighing the e-idence069: 10 .e?uisites for Admissibilit" (a) (b) (c) (d) (e) he object must be rele-ant to the fact in issue697 he object must be competent
69=

he object must be authenticated before it is admitted0699 he authentication must be made b" a competent /itness> and he object must be formall" offered in e-idence0 40 Categories of @bject )-idence;55

(a) @bject that ha-e readil" identifiable mar+s>;51 (b) @bjects that are made readil" identifiable>;51 and
696 69;

.eal )-idence (.ule 145) 2hen an object is rele-ant to the fact in issue' it ma" be e3hibited to' e3amined or -ie/ed b" the court (Sec0 1) 69: Tiglao vs. Comelec' 46 SC.A 6;: %t is +no/ledge ac?uired b" the court from inspection or b" direct selfBperception or autops" of the e-idence (Cal$e vs. C"' 144 SC.A 47:) he e-idence of oneAs o/n senses' furnishes the strongest probabilit" and indeed the onl" perfect and indubitable certaint" of the e3istence of an" sensible fact0 Ph"sical e-idence is e-idence of the highest order0 %t spea+s more elo?uentl" than a hundred /itnesses0 697 here must be a logical connection bet/een the e-idence and the point at /hich it is offered0 69= %t should not be e3cluded b" la/ or the rules0 699 Authentication normall" consists of sho/ing that the object is the object that /as in-ol-ed in the underl"ing e-ent0 ;55 for purposes of authentication of an object or for la"ing the foundation for the e3hibit ;51 uni?ue objects ;51 objects made uni?ue

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(c) @bjects /ith no identif"ing mar+s and cannot be mar+ed0;54 60 &emonstrati-e )-idence angible e-idence that merel" illustrates a matter of importance in the litigation0;56 ;0 *ie/ of an @bject or Scene he inspection ma" be made inside or outside the courtroom0 An inspection or -ie/ outside the courtroom should be made in the presence of the parties or at least /ith pre-ious notice to them0;5; :0 Chain of Custod" in .elation to Section 11 of the Comprehensi-e &angerous &rugs Act of 1551 he P&)A shall ta+e charge and ha-e custod" of all dangerous drugs' plant sources of dangerous drugs' controlled precursors and essential chemicals' as /ell as instruments<paraphernalia and<or laborator" e?uipment so confiscated' sei$ed and<or surrendered' for proper disposition in the follo/ing manner: (1) he apprehending team ha-ing initial custod" and control of the drugs shall' immediatel" after sei$ure and confiscation' ph"sicall" in-entor" and photograph the same in the presence of the accused or the person<s from /hom such items /ere confiscated and<or sei$ed' or his<her representati-e or counsel' a representati-e from the media and the &@,' and an" elected public official /ho shall be re?uired to sign the copies of the in-entor" and be gi-en a cop" thereof>

;54 ;56

nonBuni?ue objects he foundation for demonstrati-e e-idence does not in-ol-e sho/ing that the object /as the one used in the underl"ing e-ent0 .ather' the foundation generall" in-ol-es sho/ing that the demonstrati-e object fairl" represents or illustrates /hat it is alleged to illustrate0 Common t"pes of demonstrati-e e-idence include photographs' motion pictures and recordings' 3Bra" pictures' scientific tests' demonstrations and e3periments' maps' diagrams' models' summaries' and other materials created especiall" for the litigation0 %n contrast to demonstrati-e e-idence' object e-idence is a tangible object that pla"ed some actual role in the matter that ga-e rise to the litigation0 he distinction bet/een object and demonstrati-e e-idence is important because it helps determine the standards that the e-idence must meet to be admissible0 %n particular' the foundation that must be laid for object e-idence is generall" some/hat different from that needed for demonstrati-e e-idence0 ;5; %t is error for the judge for e3ample' to go alone to the land in ?uestion' or to the place /here the crime /as committed and ta+e a -ie/ /ithout the pre-ious +no/ledge of the parties0 Such inspection or -ie/ is part of the trial since e-idence is thereb" being recei-ed (Moran' Comments on the .ules of Court' *ols0 ;' 7=B79)

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(1) 2ithin 16 hours upon confiscation<sei$ure of dangerous drugs' plant sources of dangerous drugs' controlled precursors and essential chemicals' as /ell as instruments<paraphernalia and<or laborator" e?uipment' the same shall be submitted to the P&)A !orensic Daborator" for a ?ualitati-e and ?uantitati-e e3amination> (4) A certification of the forensic laborator" e3amination results' /hich shall be done under oath b" the forensic laborator" e3aminer' shall be issued /ithin 16 hours after the receipt of the subject item<s: Pro-ided' that /hen the -olume of the dangerous drugs' plant sources of dangerous drugs' and controlled precursors and essential chemicals does not allo/ the completion of testing /ithin the time frame' a partial laborator" e3amination report shall be pro-isionall" issued stating therein the ?uantities of dangerous drugs still to be e3amined b" the forensic laborator": Pro-ided' ho/e-er' that a final certification shall be issued on the completed forensic laborator" e3amination on the same /ithin the ne3t 16 hours> (6) After the filing of the criminal case' the Court shall' /ithin 71 hours' conduct an ocular inspection of the confiscated' sei$ed and<or surrendered dangerous drugs' plant sources of dangerous drugs' and controlled precursors and essential chemicals' including the instruments< paraphernalia and<or laborator" e?uipment' and through the P&)A shall /ithin 16 hours thereafter proceed /ith the destruction or burning of the same' in the presence of the accused or the person<s from /hom such items /ere confiscated and<or sei$ed' or his<her representati-e or counsel' a representati-e from the media and the &@,' ci-il societ" groups and an" elected public official0 he Coard shall dra/ up the guidelines on the manner of proper disposition and destruction of such item<s /hich shall be borne b" the offender: Pro-ided' that those item<s of unla/ful commerce' as determined b" the Coard' shall be donated' used or rec"cled for legitimate purposes: Pro-ided further' that a representati-e sample' dul" /eighed and recorded is retained> (;) he Coard shall then issue a s/orn certification as to the fact of destruction or burning of the subject item<s /hich' together /ith the representati-e sample<s in the custod" of the P&)A' shall be submitted to the court ha-ing jurisdiction o-er the case0 %n all instances' the representati-e sample<s shall be +ept to a minimum ?uantit" as determined b" the Coard> and (:) he alleged offender or his<her representati-e or counsel shall be allo/ed to personall" obser-e all of the abo-e proceedings and his<her presence shall not constitute an admission of guilt0 %n case the said offender or accused refuses or fails to appoint a representati-e after due notice in /riting to the accused or his<her counsel /ithin 71 hours before the actual

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burning or destruction or the e-idence in ?uestion' the S@, shall appoint a member of the PA@ to represent the former> (7) After the promulgation and judgment in the criminal case /herein the representati-e sample<s /as presented as e-idence in court' the trial prosecutor shall inform the Coard of the final termination of the case and' in turn' shall re?uest the court for lea-e to turn o-er the said representati-e sample<s to the P&)A for proper disposition and destruction /ithin 16 hours from receipt of the same0 70 .ule on &NA )-idence;5: a0 Meaning of &NA %t means deo3"ribonucleic acid' /hich is the chain of molecules found in e-er" nucleated cell of the bod"0;57 b0 Applicable for &NA testing order he appropriate court ma"' at an" time' either motu proprio or on application of an" person /ho has a legal interest in the matter in litigation' order a &NA testing0 Such order shall issue after due hearing and notice to the parties upon a sho/ing of the follo/ing: (a) A biological sample e3ists that is rele-ant to the case> (b) he biological sample: 1) 2as not pre-iousl" subjected to the t"pe of &NA testing re?uested> or

;5: ;57

4)

A0M0 No0 5:B11B;BSC he totalit" of an indi-idualAs &NA is uni?ue for the indi-idual' e3cept identical t/ins (Sec0

&NA e-idence constitutes the totalit" of the &NA profiles' results and other genetic information directl" generated from &NA testing of biological samples0 &NA profile means genetic information deri-ed from &NA testing of a biological sample obtained from a person' /hich biological sample is clearl" identifiable as originating from that person> &NA testing means -erified and credible scientific methods /hich include the e3traction of &NA from biological samples' the generation of &NA profiles and the comparison of the information obtained from the &NA testing of biological samples for the purpose of determining' /ith reasonable certaint"' /hether or not the &NA obtained from t/o or more distinct biological samples originates from the same person (direct identification) or if the biological samples originate from related persons (+inship anal"sis)0

P a g e | 161

1) 2as pre-iousl" subjected to &NA testing but the results ma" re?uire confirmation for good reasons> (c) he &NA testing uses a scientificall" -alid techni?ue>

(d) he &NA testing has the scientific potential to produce ne/ information that is rele-ant to the proper resolution of the case> and (e) he e3istence of other factors' if an"' /hich the court ma" consider as potentiall" affecting the accurac" or integrit" of the &NA testing0 his rule shall not preclude a &NA testing' /ithout need of prior court order' at the behest of an" part"' including la/ enforcement agencies' before a suit or proceeding is commenced0;5= c0 PostBcon-iction &NA testing> remed" PostBcon-iction &NA testing ma" be a-ailable' /ithout need of prior court order' to the prosecution or an" person con-icted b" final and e3ecutor" judgment pro-ided that (a) a biological sample e3ists' (b) such sample is rele-ant to the case' and (c) the testing /ould probabl" result in the re-ersal or modification of the judgment of con-iction0;59 .emed" if the results are fa-orable to the con-ict: he con-ict or the prosecution ma" file for a /rit of +abeas corpus in the court of origin0 ;15 d0 Assessment of probati-e -alue of &NA e-idence and admissibilit" he court shall consider the follo/ing: (a) he chain of custod"' including ho/ the biological samples /ere collected' ho/ the" /ere handled' and the possibilit" of contamination of the samples>
;5= ;59

Sec0 6 Sec0 : ;15 Sec0 15 %f the court finds' after due hearing' that the petition is meritorious' it shall re-erse or modif" the judgment of con-iction and order the release of the con-ict' unless continued detention is justified for a la/ful cause0

P a g e | 164

(b) he &NA testing methodolog"' including the procedure follo/ed in anal"$ing the samples' the ad-antages and disad-antages of the procedure' and compliance /ith the scientificall" -alid standards in conducting the tests> (c) he forensic &NA laborator"' including accreditation b" an" reputable standardsBsetting institution and the ?ualification of the anal"st /ho conducted the tests0 %f the laborator" is not accredited' the rele-ant e3perience of the laborator" in forensic case/or+ and credibilit" shall be properl" established> and (d) he reliabilit" of the testing result' as hereinBafter pro-ided0

he pro-isions of the .ules of Court concerning the appreciation of e-idence shall appl" suppletoril"0;11 e0 .ules on e-aluation of reliabilit" of the &NA testing Methodolog" he court shall consider the follo/ing: (a) (b) methods> (c) he general acceptance of the principles or methods b" the rele-ant scientific communit"> (d) he e3istence and maintenance of standards and controls to ensure the correctness of data generated> (e) and (f) he general degree of confidence attributed to mathematical calculations used in comparing &NA profiles and the significance and limitation of statistical calculations used in comparing &NA profiles0;14 D. Documentary E/idence;16
;11 ;11

he falsifiabilit" of the principles or methods used>;11 he subjection to peer re-ie/ and publication of the principles or

he e3istence of an appropriate reference population database>

Sec0 7 that is' /hether the theor" or techni?ue can be and has been tested0 ;14 Sec0 = ;16 A document is defined as a deed' instrument or other dul" notari$ed paper b" /hich something is pro-ed' e-idenced or set forth0 An" instrument notari$ed b" a notar" public or a competent public official' /ith the solemnities re?uired b" la/' is a public document0

P a g e | 166

10 Meaning of &ocumentar" )-idence )-idence supplied b" /ritten instruments' or deri-ed from con-entional s"mbols' such as letters' b" /hich ideas are represented on material substances> documents produced for the inspection of the court or judge0 %t includes boo+s' papers accounts and the li+e0;1; 10 .e?uisites for Admissibilit";1: 40 Cest )-idence .ule a0 Meaning of the rule .e?uires the highest grade of e-idence obtainable to pro-e a disputed fact0 %t cannot be in-o+ed unless the contents of a /riting is the subject of judicial in?uir"' in /hich case the best e-idence is the original /riting itself0
;17

he best e-idence refers to that /hich the la/ or the rules consider as the best e-idence to pro-e the fact in dispute0 he best e-idence is the e-idence /hich the case in its nature is susceptible and /hich is /ithin the po/er of the part" to produce0 )-idence cannot be recei-ed /hich indicates on its face that it is secondar";1= and that the original source of information is in e3istence and accessible0 ;19 b0 2hen applicable (a) 2hen the original has been lost or destro"ed' or cannot be produced in court' /ithout bad faith on the part of the offeror> (b) 2hen the original is in the custod" or under the control of the part" against /hom the e-idence is offered' and the latter fails to produce it after reasonable notice> (c) 2hen the original consists of numerous accounts or other documents /hich cannot be e3amined in court /ithout great loss of time and
Pleadings filed in a case and in the custod" of the cler+ of court are public documents0 All other documents are pri-ate documents (Bermejo vs. Barrios' 41 SC.A 7:6)0 ;1; 11 C, 791 &ocuments as e-idence consist of /ritings or an" material containing letters' /ords' numbers' figures' s"mbols or other modes of /ritten e3pressions offered as proof of their contents (Sec0 1' .ule 145)0 ;1: See @bject e-idence' supra ;17 2hartonAs Criminal )-idence' 11th )d0 ;1= that is' merel" substitutionar" in its nature ;19 he underl"ing purpose is the pre-ention of fraud (19 Am0 ,ur0 ;5=)

P a g e | 16;

the fact sought to be established from them is onl" the general result of the /hole> and (d) 2hen the original is a public record in the custod" of a public officer or is recorded in a public office0;15 c0 Meaning of original (a) @ne the contents of /hich are the subject of in?uir"> (b) 2hen a document is in t/o or more copies e3ecuted at or about the same time' /ith identical contents' all such copies are e?uall" regarded as originals> and (c) 2hen an entr" is repeated in the regular course of business' one being copied from another at or near the time of the transaction' all the entries are li+e/ise e?uall" regarded as originals0;11 &oes not necessaril" mean the one first /ritten> its meaning is relati-e onl" to the particular issue0 he original is the document /hose contents are to be pro-ed0;11 d0 .e?uisites e-idence0;14 for introduction of secondar"

Satisfactor" proof must be made of the follo/ing: (a) (b) court> (c) Hna-ailabilit" of the original is not due to bad faith on the part of the offeror0;16
;15 ;11

he e3ecution or e3istence of the original> he loss and destruction of the original or its nonproduction in

Sec0 4 Sec0 6 ;11 2igmore ;14 See also d0 2hen applicable' supra ;16 Bautista vs. C"' 1:; SC.A ;57 Procedure before secondar" e-idence ma" be introduced: (a) he offeror should present e-idence that the original document has been lost or destro"ed and is therefore not a-ailable> (b) #e should pro-e the due e3ecution or e3istence of said document' in accordance /ith Sec0 15 of .ule 141> (c) #e must sho/ proof of the contents of the document b" a cop"' or b" a recital of its contents in some authentic document' or b" the testimon" of /itnesses in the order stated0 2hen the original document has been lost or destro"ed' or cannot be produced in court' the offeror' upon proof of its e3ecution or e3istence and the cause of its una-ailabilit" /ithout bad faith on his part' ma" pro-e its contents b" a cop"' or b" a recital of its contents

P a g e | 16:

60 .ules on )lectronic )-idence;1; a0 Meaning of electronic e-idence> electronic data massage )lectronic e-idence is that /hich use electronic data message as e-idence0 )lectronic data message refers to information generated' sent' recei-ed or stored b" electronic' optical or similar means0;1: b0 Probati-e -alue of electronic documents e-identiar" /eight> method of proof or

An electronic document is admissible in e-idence if it complies /ith the rules on admissibilit" prescribed b" the .ules and related la/s and is authenticated in the manner b" the .ules on )lectronic )-idence0;17 he follo/ing factors ma" be considered: (a) he reliabilit" of the manner or method in /hich it /as generated' stored or communicated' including but not limited to input and output procedures' controls' tests and chec+s for accurac" and reliabilit" of the electronic data message or document' in the light of all the circumstances as /ell as an" rele-ant agreement> (b) he reliabilit" of the manner in /hich its originator /as identified>

(c) he integrit" of the information and communication s"stem in /hich it is recorded or stored' including but not limited to the hard/are and computer programs or soft/are used as /ell as programming errors> (d) he familiarit" of the /itness or the person /ho made the entr" /ith the communication and information s"stem>
in some authentic document' or b" the testimon" of /itnesses in the order stated (Sec0 ;) %f the document is in the custod" or under the control of the ad-erse part"' he must ha-e reasonable notice to produce it0 %f after such notice and after satisfactor" proof of its e3istence' he fails to produce the document' secondar" e-idence ma" be presented as in the case of its loss (Sec0 :)0 2hen the original of a document is in the custod" of a public officer or is recorded in a public office' its contents ma" be pro-ed b" a certified cop" issued b" the public officer in custod" thereof (Sec0 7)0 ;1; A0M0 No0 51B7B51BSC ;1: Sec0 1(g)' .ule 1 ;17 Sec0 1 2hene-er a rule of e-idence to the term of /riting' document' record' instrument' memorandum or an" other form of /riting' such term shall be deemed to include an electronic document (Sec0 1' .ule 4)

P a g e | 167

(e) he nature and ?ualit" of the information /hich /ent into the communication and information s"stem upon /hich the electronic data message or electronic document /as based> or (f) @ther factors /hich the court ma" consider as affecting the accurac" or integrit" of the electronic document or electronic data message0;1= All matters relating to the admissibilit" and e-identiar" /eight of an electronic document ma" be established b" an affida-it stating facts of direct personal +no/ledge of the affiant or based on authentic records0 he affida-it must affirmati-el" sho/ the competence of the affiant to testif" on the matters contained therein0;19 he affiant shall be made to affirm the contents of the affida-it in open court and ma" be crossBe3amined as a matter of right b" the ad-erse part"0;45 c0 Authentication of electronic electronic signatures documents and

Authentication of electronic documents: (1) C" e-idence that it had been digitall" signed b" the person purported to ha-e signed the same> or (1) C" e-idence that other appropriate securit" procedures or ;41 de-ices /ere applied to the document> or (4) C" other e-idence sho/ing its integrit" and reliabilit" to the

satisfaction of the judge0;41 Authentication of an electronic signature: (a) C" e-idence that a method or process /as utili$ed to establish a digital signature and -erif" the same> or (b) C" an" other means pro-ided b" la/> or
;1= ;19

Sec0 1' .ule 7 Sec0 1' .ule 9 ;45 Sec0 1 ;41 as ma" be authori$ed b" the Supreme Court or b" la/ for authentication of electronic documents ;41 %bid0 A document electronicall" notari$ed in accordance /ith the rules promulgated b" the Supreme Court shall be considered as a public document and pro-ed as a notarial document under the .ules of Court (Sec0 4)

P a g e | 16=

(c) C" an" other means satisfactor" to the judge as establishing the genuineness of the electronic signature0;44 An electronic signature or a digital signature authenticated in the manner prescribed is admissible in e-idence as the functional e?ui-alent of the signature or a person on a /ritten document0;46 d0 )lectronic documents and the hearsa" rule )lectronic document refers to information or the representation of information' data' figures' s"mbols or other modes of /ritten e3pression' described or ho/e-er represented' b" /hich a right is established or an obligation e3tinguished' or b" /hich a fact ma" be pro-ed and affirmed' /hich is recei-ed' recorded' transmitted' stored' processed' retrie-ed or produced electronicall"0 %t includes digitall" signed documents and an" printB out or output' readable b" sight or other means' /hich accuratel" reflects the electronic data message or electronic document0;4; An electronic document shall be regarded as the e?ui-alent of an original document;4: if it is a printout or output readable b" sight or other means' sho/n to reflect the data accuratel"0;47

;44

Sec0 1 Hpon the authentication of an electronic signature' it shall be presumed that: (a) he electronic signature is that of the person to /hom it correlates> (b) he electronic signature /as affi3ed b" that person /ith the intention of authenticating or appro-ing the electronic document to /hich it is related or to indicate such personAs consent to the transaction embodied therein> and (c) he methods or processes utili$ed to affi3 or -erif" the electronic signature /ithout error or fault (Sec0 4) Hpon the authentication of a &igital signature' it shall be presumed' in addition to those mentioned' that: (a) he information contained in a certificate is correct> (b) he digital signature /as created during the operational period of a certificate> (c) he message associated /ith a digital signature has not been altered from the time it /as signed> and (d) A certificate had been issued b" the certification authorit" indicated therein (Sec0 6) ;46 Sec0 1' .ule : ;4; Sec0 1(h)' .ule 1 !or purposes of these .ules' the term Eelectronic documentF ma" be used interchangeabl" /ith electronic data message0 ;4: under the Cest )-idence .ule ;47 Sec0 1' .ule 6 2hen a document is in t/o or more copies e3ecuted at or about the same time /ith identical contents' or is a counterpart produced b" the same impression as the original' or from the same matri3' or b" mechanical or electronic reBrecording' or b" chemical reproduction' or b" other e?ui-alent techni?ues /hich accuratel" reproduces the original' such copies or duplicates shall be regarded as the e?ui-alent of the original0

P a g e | 169

Copies or duplicates shall not be admissible to the same e3tent as the original if: (a) A genuine ?uestion is raised as to the authenticit" of the original> or (b) %n the circumstances it /ould be unjust or ine?uitable to admit a cop" in lieu of the original0;4= A memorandum' report' record or data compilation of acts' e-ents' conditions' opinions' or diagnoses' made b" electronic' optical or other similar means at or near the time of or from transmission or suppl" of regular course of conduct of a business acti-it"' and such /as the regular practice to ma+e the memorandum' report' record' or data compilation b" electronic' optical or similar means;49 is e3cepted from the rule on hearsa" e-idence0;65 he presumption pro-ided for in Sec0 1' ;61 .ule =' ma" be o-ercome b" e-idence of the untrust/orthiness of the source of information of the method or circumstances of the preparation' transmission or storage thereof0 ;61 e0 Audio' e-idence photographic' -ideo and ephemeral

Shall be admissible pro-ided it shall be sho/n' presented or displa"ed to the court and shall be identified' e3plained or authenticated b" the person /ho made the recording or b" some other person competent to testif" on the accurac" thereof0;64 )phemeral electronic communication refers to telephone con-ersations' te3t messages' chatroom sessions' streaming audio' streaming -ideo' and other electronic forms of communication the e-idence of /hich is not recorded or retained0;66 )phemeral electronic communications shall be pro-en b" the testimon" of a person /ho /as a part" to the same or has personal +no/ledge thereof0 %n the absence or una-ailabilit" of such /itnesses' other competent e-idence ma" be admitted0

;4= ;49 ;65 ;61 ;61 ;64 ;66

Sec0 1' .ule 6 all of /hich are sho/n b" the testimon" of the custodian or other ?ualified /itnesses Sec0 1' .ule = supra Sec0 1' id0 Sec0 1' .ule 11 Sec0 1(+)' .ule 1

P a g e | 1;5

%f the foregoing communications are recorded or embodied in an electronic document' the pro-isions of .ule ;;6; shall appl"0;6: ;0 Parol )-idence .ule;67 a0 Application of the parol e-idence rule he rule states that /hen the terms of an agreement ha-e been reduced to /riting' it is considered as containing all the terms agreed upon' and there can be bet/een the parties and their successors in interest' no e-idence of such terms other than the contents of the /ritten agreement0;6= Parol e-idence forbids an" addition to or contradiction of the terms of a /ritten instrument b" testimon" purporting to sho/ that' at or before the signing of the document' other or different terms /ere orall" agreed upon b" the parties0;69 b0 2hen parole e-idence can be introduced;;5 As long as the pleader puts in issue in the pleading' an" of the matters set forth in the rule' such as: (a) An intrinsic ambiguit"' mista+e or imperfection in the /ritten agreement> (b) he failure of the /ritten agreement to e3press the true intent and agreement of the parties thereto> (c)
;6; ;6:

he -alidit" of the /ritten agreement> or

authentication of electronic documents Sec0 1' id0 ;67 .ule 145 ;6= %t see+s to preser-e /hat the parties ha-e reduced in /riting and prohibits e-idence alliun$e or oral testimonial e-idence from being presented to -ar" the terms of' or add stipulations to' the /ritten agreement0 (Ga7 vs. I"C' 115 SC.A 65;) %n other /ords' an" oral e-idence of an agreement should be e3cluded /hen the e3isting agreement is alread" in /riting ( Congregations o& t+e Religious o& t+e (irgin Mary vs. C"' 191 SC.A 4=;)0 ;69 Gol$ban$ vs. "llen' 16; Mass0 164 he rule is based on the presumption that the parties ha-e made the /ritten instrument the onl" repositor" and memorial of the truth and /hate-er is not found in the instrument must ha-e been /ai-ed and abandoned b" the parties0 #ence' parol e-idence cannot ser-e the purpose of incorporation into the contract additional contemporaneous conditions /hich are not mentioned at all in the /riting' unless the case falls under an" of the e3ceptions to the rule (Cu vs. C"' 19; SC.A :67)0 @ral testimon" cannot pre-ail o-er a /ritten agreement of the parties' the purpose being to gi-e stabilit" to /ritten agreements and to remo-e the temptation and possibilit" of perjur"' /hich /ould be afforded if parol e-idence /ere admissible0 ;;5 %ntroducing parol e-idence means offering e3trinsic or e3traneous e-idence that /ould modif"' e3plain or add to the terms of the /ritten agreement0

P a g e | 1;1

(d) he e3istence of other terms agreed to b" the parties or their successors in interest after the e3ecution of the /ritten agreement0;;1 c0 &istinctions bet/een the best e-idence rule and parol e-idence rule Cest )-idence .ule he issue is contents of a /riting0 Parol )-idence .ule here is no issue as to contents of a /riting0 he purpose for the offer is to change' -ar"' modif"' ?ualif"' or contradict the terms of a complete /ritten agreement' /hich is not allo/ed unless the case falls under an" of the e3ceptions0

Secondar" e-idence is offered to pro-e the contents of a /riting' /hich is not allo/ed unless the case falls under an" of the e3ceptions

)stablishes preference for the Not concerned /ith the primac" of original document o-er a e-idence but presupposes that the secondar" e-idence thereof0 original is a-ailable0 Precludes the admission of other e-idence to pro-e the terms of a document other than the contents of the document itself Can be in-o+ed onl" be the parties to the document and their successors in interest0 Precludes the admission of secondar" e-idence if the original document is a-ailable0 Can be in-o+ed b" an" litigant to an action /hether or not said litigant is a part" to the document in-ol-ed0 Applies to /ritten agreements;;1 and /ills0

Applies to all forms of /riting0

:0 Authentication and Proof of &ocuments;;4 a0 Meaning of authentication

;;1 ;;1 ;;4

he term KagreementK includes /ills0 contracts .ule 141

P a g e | 1;1

he process of e-idencing the due e3ecution and genuineness of a document0 b0 Public and pri-ate documents Public document Pri-ate document;;6

Admissible in e-idence /ithout Must be pro-ed as to their due further proof of their due e3ecution and authenticit" before e3ecution or genuineness the" ma" be recei-ed as e-idence0 )-idence e-en against a third person of the fact /hich ga-e rise to their due e3ecution and to the date of the latter0 Cind onl" the parties /ho e3ecuted them or their pri-ies' insofar as due e3ecution and date of the document are concerned0

Certain agreements re?uire that *alid as to agreement bet/een the" should be in a public parties' unless other/ise ;;; instrument to be -alid and disallo/ed b" la/0 effecti-e' such as sale of real propert"0 %nclude the /ritten official acts' or )-er" deed or instrument records0 e3ecuted b" a pri-ate person' /ithout the inter-ention of a public notar" or other person legall" authori$ed' b" /hich document some disposition or agreement is pro-ed' e-idenced or set forth0 0 c0 2hen a pri-ate /riting re?uires authentication> proof of a pri-ate /riting Cefore an" pri-ate document offered as authentic is recei-ed in e-idence' its due e3ecution and authenticit" must be pro-ed either: (a) C" an"one /ho sa/ the document e3ecuted or /ritten> or
;;6

@ne /hich is e3ecuted b" the parties /ithout the inter-ention of a public notar" or a dul" authori$ed public official' b" /hich some disposition or agreement is pro-ed' e-idenced or set forth0 ;;; in /riting and notari$ed

P a g e | 1;4

(b) C" e-idence of the genuineness of the signature or hand/riting of the ma+er0 Ceing a pri-ate document' its due e3ecution and authenticit" must first be established' b" one of the parties thereto' b" the testimon" of an"one /ho sa/ the /riting e3ecuted' b" e-idence of the genuineness of the hand/riting of the ma+er thereof0;;: An" other pri-ate document need onl" be identified as that /hich it is claimed to be0;;7 d0 2hen e-idence of authenticit" of a pri-ate /riting is not re?uired;;= 2here a pri-ate document is (a) more than thirt" (45) "ears old' (b) is produced from a custod" in /hich it /ould naturall" be found if genuine' and (c) is unblemished b" an" alterations or circumstances of suspicion0 ;;9 he" include: (a) Ancient documents>;:5 and (b) &ocuments admitted b" the ad-erse part"0;:1 e0 #o/ to pro-e genuineness of a hand/riting Ma" be pro-ed b" an" /itness /ho belie-es it to be the hand/riting of a person because: (a) #e has seen the person /rite> or
;;: ;;7 ;;=

;;9

;:5 ;:1

!ng vs. ,eople' 461 SC.A 471 Sec0 15 ancient documents An ancient document is one that is: (a) More than thirt" (45) "ears old> (b) !ound in the proper custod"> (c) Hnblemished b" an" alteration or b" an" circumstance of suspicion> and (d) %t must on its face appear to be genuine (Ce'uena vs. Bolante' 445 SC.A 11:)0 Sec0 11 he" ma" thus be presented in e-idence li+e public documents0 %bid0 C+ua vs. C"' 15: SC.A 449

P a g e | 1;6

(b) #e has seen the /riting purporting to be his upon /hich the /itness has acted or been charged' and has thus ac?uired +no/ledge of the hand/riting of such person> (c) C" a comparison made b" the /itness or the court' /ith /ritings admitted or treated as genuine b" the part" against /hom the document is offered' or pro-ed to be genuine to the satisfaction of the judge0;:1 f0 Public documents;:4 as e-idence> proof of official record &ocuments consisting of entries in public records made in the performance of a dut" b" a public officer are prima &acie e-idence of the facts therein stated0 All other public documents are e-idence' e-en against a third person' of the fact /hich ga-e rise to their e3ecution and of the date of the latter0;:6 he record of public documents referred to in paragraph (a) Section 19' /hen admissible for an" purpose' ma" be e-idenced
;:1

;:;

of

1eirs o& "ma$o Celestial vs. 1eirs o& %$it+a Celestial ' (. 161:91' 5=<5;<540 he hand/riting of a person ma" be pro-ed b" an" /itness /ho belie-es it to be the hand/riting of such person because he has seen the person /rite' or has seen /riting purporting to be his upon /hich the /itness has acted or been charged' and has thus ac?uired +no/ledge of the hand/riting of such person0 )-idence respecting the hand/riting ma" also be gi-en b" a comparison' made b" the /itness or the court' /ith /ritings admitted or treated as genuine b" the part" against /hom the e-idence is offered' or pro-ed to be genuine to the satisfaction of the judge (Sec0 11' .ule 141)0 he test of genuineness ought to be the resemblance' not the formation of letters in some other specimens but to the general character of /riting' /hich is impressed on it as the in-oluntar" and unconscious result of constitution' habit or other permanent course' and is' therefore' itself permanent0 he identification of hand/riting should not rest' therefore' on the apparent similarit" or dissimilarit" of one feature but should be based on the e3amination of all the basic characteristics of the hand/riting under stud" ( ,eople vs. "gresor' 415 SC.A 451)0 ;:4 Public documents are: (a) he /ritten official acts' or records of the official acts of the so-ereign authorit"' official bodies and tribunals' and public officers' /hether of the Philippines' or of a foreign countr"> (b) &ocuments ac+no/ledged before a notar" public e3cept last /ills and testaments> and (c) Public records' +ept in the Philippines' of pri-ate documents re?uired b" la/ to be entered therein (Sec0 19)0 Public documents are of t/o classes: (a) hose issued b" competent public officials b" reason of their office' and (b) hose e3ecuted b" pri-ate indi-iduals /hich are authenticated b" notaries public (Intestate %state o& ,areja vs. ,areja' 9; Phil0 1:7)0 ;:6 Sec0 14 ;:; he /ritten official acts' or records of the official acts of the so-ereign authorit"' official bodies and tribunals' and public officers' /hether of the Philippines' or of a foreign countr"0

P a g e | 1;;

(a) b" an official publication thereof> or (b) b" a cop" attested b" the officer ha-ing the legal custod" of the record' or b" his deput"' and accompanied' if the record is not +ept in the Philippines' /ith a certificate that such officer has the custod"0 %f the office in /hich the record is +ept is in a foreign countr"' the certificate ma" be made b" a secretar" of the embass" or legation' consul general' consul' -ice consul' or consular agent or b" an" officer in the foreign ser-ice of the Philippines stationed in the foreign countr" in /hich the record is +ept' and authenticated b" the seal of his office0;:: g0 Attestation of a cop" he attestation must state' in substance' that the cop" is a correct cop" of the original' or a specific part thereof' as the case ma" be0 he attestation must be under the official seal of the attesting officer' if there be an"' or if he be the cler+ of a court ha-ing a seal' under the seal of such court0;:7 h0 Public record of a public document An authori$ed public record of a pri-ate document ma" be pro-ed b" the original record' or b" a cop" thereof' attested b" the legal custodian of the record' /ith an appropriate certificate that such officer has the custod"0;:= i0 Proof of lac+ of record A /ritten statement signed b" an officer ha-ing the custod" of an official record or b" his deput" that after diligent search no record or entr" of a specified tenor is found to e3ist in the records of his office' accompanied b" a certificate as abo-e pro-ided' is admissible as e-idence that the records of his office contain no such record or entr"0;:9 j0 #o/ a judicial record is impeached C" e-idence of: (a) /ant of jurisdiction in the court or judicial officer' (b) collusion bet/een the parties' or
;:: ;:7 ;:= ;:9

Sec0 Sec0 Sec0 Sec0

16 1; 17 1=

P a g e | 1;:

(c) fraud in the part" offering the record' in respect to the proceedings0;75 +0 Proof of notarial documents Ma" be presented in e-idence /ithout further proof' the certificate of ac+no/ledgment being prima &acie e-idence of the e3ecution of the instrument or document in-ol-ed0;71 l0 #o/ to e3plain alterations in a document he part" producing a document as genuine /hich has been altered and appears to ha-e been altered must account for the alteration0 #e ma" sho/ that the alteration /as made b" another' /ithout his concurrence' or /as made /ith the consent of the parties affected b" it' or /as other/ise properl" or innocentl" made' or that the alteration did not change the meaning or language of the instrument0 ;71 m0 &ocumentar" e-idence in an unofficial language Shall not be admitted as e-idence' unless accompanied /ith a translation into )nglish or !ilipino0 o a-oid interruption of proceedings' parties or their attorne"s are directed to ha-e such translation prepared before trial0;74 E. Testimonial E/idence 10 Jualifications of a 2itness A person is ?ualified or is competent to be a /itness' if
;75

Sec0 19 ,udicial proceedings are presumed to be regular and should be gi-en full faith and credit' and that all steps re?uired b" la/ had been ta+en0 %t is also presumed that a court or judge acting as such' /hether in the Philippines or else/here' /as acting in the la/ful e3ercise of jurisdiction0 o impeach judicial record' there must therefore be e-idence of /ant of jurisdiction' collusion bet/een the parties or fraud on the part of the part" offering the record' /hich must be clear' con-incing and more than merel" preponderant' in order to o-ercome the presumption of regularit" in the performance of official duties and the presumption of regularit" of judicial proceedings' and the burden of proof lies on the part of the part" /ho challenges the -alidit" of judicial records0 ;71 Sec0 45 Notari$ation is not an empt" routine0 %t con-erts a pri-ate document into a public document and renders it admissible in court /ithout further proof of its authenticit"0 A notarial document is b" la/ entitled to full faith and credit upon its face and' for this reason' notaries public must obser-e /ith utmost care the basic re?uirements in the performance of their duties0 @ther/ise' the confidence of the public in the integrit" of this form of con-e"ance /ould be undermined (Corona$o vs. #elonco' 466 SC.A ;:;)0 ;71 %f he fails to do that' the document shall not be admissible in e-idence (Sec0 41) ;74 Sec0 44

P a g e | 1;7

(a) he is capable of percei-ing' and (b) he can ma+e his perception +no/n to others0 .eligious or political belief' interest in the outcome of the case' or con-iction of a crime;76 shall not be a ground for dis?ualification0;7; 10 Competenc" *ersus Credibilit" of a 2itness Competenc" Credibilit"

Means the legal fitness or abilit" Means a /itnessAs disposition and of a /itness to be heard on the intention to tell the truth in the trial of a cause0;7: testimon" that he has gi-en0 As a general rule' /hen a /itness ta+es the stand to testif"' the la/' on grounds of public polic"' presumes that he is competent0 #ence' if the e-idence is in e'uipoise' the /itness should be permitted to testif"0 he court certainl" cannot reject the /itness if there is no proof of his incompetenc"0 he burden is therefore upon the part" objecting to the competenc" of a /itness to establish the grounds of ;77 incompetenc"0 .eflects upon the integrit" and belie-abilit" of a /itness /hich rests upon the discretion of the court0

;76 ;7;

unless other/ise pro-ided b" la/ Sec0 15' .ule 145 %t should be noted ho/e-er' that loss of the percepti-e sense after the occurrence of the fact does not affect the admissibilit" of the testimon"0 #ence' a blind man can testif" to /hat he sa/ prior to his blindness or a deaf man' to /hat he heard prior to his deafness0 Cut a person incapable of perception is pro tanto incapable of testif"ing (2hartonAs Criminal )-idence)0 A /itness ma" ha-e been capable of percei-ing' "et incapable of narration0 #e ma" ha-e no po/ers of speech' and ha-e no means of e3pressing himself b" signs0 #e ma" ha-e become insane since the occurrence he is called upon to relate0 A person incapable of narration is pro tanto incapable of testif"ing (ibid0)0 ;7: Cou-ierAs Da/ &ictionar" ;77 2hartonAs Criminal )-idence

P a g e | 1;=

he decision of competenc" of a /itness rests primaril" /ith the trial judge' /ho sees the proposed /itness' notices his manner' his apparent possession or lac+ of intelligence' and ma" resort to an" e3amination /hich /ill tend to disclose his capacit" and intelligence as /ell as his understanding of the obligation of an oath0;7=

&epends on the appreciation of a /itnessAs testimon" and arises from the belief and conclusion of the court that said /itness is telling the truth0;79

40 &is?ualifications of 2itnesses Absolute dis?ualification: (a) hose /ho cannot percei-e>

(b) hose /ho can percei-e but cannot ma+e their perception +no/n>;=5 (c) Mentall" incapacit" 8 hose /hose mental condition' at the time of their production for e3amination' is such that the" are incapable of intelligentl" ma+ing +no/n their perception to others> (d) Mentall" immaturit" 8 Children /hose mental maturit" is such as to render them incapable of percei-ing the facts respecting /hich the" are e3amined and of relating them truthfull">;=1 (e) Marital dis?ualification 8 &uring their marriage' neither the husband nor the /ife ma" testif" for or against the other /ithout the consent of the affected spouse' e3cept in a ci-il case b" one against the other' or in a
;7= ;79 ;=5 ;=1

?S vs. Bunca$' 1; Phil0 ;45 Gonzales vs. C"' 95 SC.A 1=4 Sec0 15 Sec0 11

P a g e | 1;9

criminal case for a crime committed b" one against the other or the latterTs direct descendants or ascendants0;=1 (f) Parental and filial pri-ilege BB No person ma" be compelled to testif" against his parents' other direct ascendants' children or other direct descendants0;=4

.elati-e dis?ualification:

(a) &ead ManAs Statute 8 Parties or assignors of parties to a case' or persons in /hose behalf a case is prosecuted' against an e3ecutor or administrator or other representati-e of a deceased person' or against a person of unsound mind' upon a claim or demand against the estate of such deceased person or against such person of unsound mind' cannot testif" as to an" matter of fact occurring before the death of such deceased person or before such person became of unsound mind0;=6 (b) &is?ualification b" reason of pri-ileged communication:;=; 10 he husband or the /ife' during or after the marriage' cannot be e3amined /ithout the consent of the other as to an" communication recei-ed in confidence b" one from the other during the marriage e3cept in a

;=1 ;=4 ;=6 ;=;

Sec0 Sec0 Sec0 Sec0

11 1; 14 16

P a g e | 1:5

ci-il case b" one against the other' or in a criminal case for a crime committed b" one against the other or the latterTs direct descendants or ascendants> 10 An attorne" cannot' /ithout the consent of his client' be e3amined as to an" communication made b" the client to him' or his ad-ice gi-en thereon in the course of' or /ith a -ie/ to' professional emplo"ment' nor can an attorne"Ts secretar"' stenographer' or cler+ be e3amined' /ithout the consent of the client and his emplo"er' concerning an" fact the +no/ledge of /hich has been ac?uired in such capacit"> 40 A person authori$ed to practice medicine' surger" or obstetrics cannot in a ci-il case' /ithout the consent of the patient' be e3amined as to an" ad-ice or treatment gi-en b" him or an" information /hich he ma" ha-e ac?uired in attending such patient in a professional capacit"' /hich information /as necessar" to enable him to act in that capacit"' and /hich /ould blac+en the reputation of the patient> 60 A minister or priest cannot' /ithout the consent of the person ma+ing the confession' be e3amined as to an" confession made to or an" ad-ice gi-en b" him in his professional character in the course of discipline enjoined b" the church to /hich the minister or priest belongs> ;0 A public officer cannot be

P a g e | 1:1

e3amined during his term of office or after/ards' as to communications made to him in official confidence' /hen the court finds that the public interest /ould suffer b" the disclosure0 (c) Ne/smanAs pri-ilege BB 2ithout prejudice to his liabilit" under the ci-il and criminal la/s' the publisher' editor' columnist or dul" accredited reporter of an" ne/spaper' maga$ine or periodical of general circulation cannot be compelled to re-eal the source of an" ne/sBreport or information appearing in said publication /hich /as related in confidence to such publisher' editor or reporter unless the court or a #ouse or committee of Congress finds that such re-elation is demanded b" the securit" of the State>;=: (d) Can+ deposits BB All deposits of /hate-er nature /ith ban+s or ban+ing institutions in the Philippines including in-estments in bonds issued b" the (o-ernment of the Philippines' its political subdi-isions and its instrumentalities' are hereb" considered as of an absolutel" confidential nature and ma" not be e3amined' in?uired or loo+ed into b" an" person' go-ernment official' bureau or office' e3cept upon /ritten permission of the depositor' or in cases of impeachment' or upon order of a competent court in cases of briber" or dereliction of dut" of public officials' or in cases /here
;=:

.0A0 1677

P a g e | 1:1

the mone" deposited or in-ested is the subject matter of the litigation0;=7 (e) Sanctit" of the ballot 8 -oters ma" not be compelled to disclose for /hom the" -oted0 (f) rade secrets0

(g) %nformation contained in ta3 returns0;==

a0 C" reason of mental capacit" or immaturit";=9

.egardless of the nature or cause of mental disabilit"' the test of competenc" to testif" is as to /hether the indi-idual has sufficient understanding to appreciate the nature and obligation of an oath and sufficient capacit" to obser-e and describe correctl" the facts in regard to /hich he is called to testif"0 b0 C" reason of marriage;95 he testimon" co-ered b" the marital dis?ualification rule not onl" consists of utterances but also the production of documents0;91 he spouses must be legall" married to each other to in-o+e the benefit of the rule> it does not co-er an illicit relationship0;91 2hen the marriage is dissol-ed on the grounds pro-ided for b" la/ li+e annulment or declaration of nullit"' the rule can no longer be in-o+ed0 A spouse can alread" testif" against the other despite an objection being interposed b" the affected spouse0 %f the testimon" for or against the other spouse is offered during the e3istence of the marriage' it does not matter if the facts subject of the testimon" occurred before the marriage0 %t onl" matters that the affected spouse objects to the offer of testimon"0 c0 C" reason of death or insanit" of ad-erse part";94
;=7 ;== ;=9 ;95 ;91 ;91 ;94

.0A0 165; .0A0 1575' as amended b" .0A0 1111 See &is?ualification of 2itnesses' supra spousal immunit"' supra State -s0 Cramlet' 116 SC 4=9 ,eople vs. #rancisco' 7= Phil0 :96 Sur-i-orship or &ead ManAs Statute' supra )lements for the application of the rule:

P a g e | 1:4

Applies onl" to a ci-il case or a special proceeding0 d0 C" reason of pri-ileged communications
(1) #usband and /ife;96

Marital &is?ualification;9;

Marital Pri-ilege;9:

Can be in-o+ed onl" if one of the Can be claimed /hether or not the spouses is a part" to the action> spouse is a part" to the action0 Applies onl" if the marriage is Can be claimed e-en after the e3isting at the time the testimon" marriage has been dissol-ed> is offered> Ceases upon the death or either Continues e-en after spouse> termination of the marriage the

Constitutes a total prohibition Applies onl" to confidential against an" testimon" for or communications bet/een the against the spouse of the /itness> spouses he prohibition is a testimon" for he prohibition is the e3amination or against the other of a spouse as to matters related in confidence to the other spouse0

(1) he plaintiff is the person /ho has a claim against the estate of the decedent or person of unsound mind> (1) he defendant in the case is the e3ecutor or administrator or a representati-e of the deceased or the person of unsound mind> (4) he suit is upon a claim b" the plaintiff against the estate of said deceased or person of unsound mind> (6) he /itness is the plaintiff' or an assignor of that part"' or a person in /hose behalf the case is prosecuted> and (;) he subject of the testimon" is as to an" matter of fact occurring before the death of such deceased person or before such person became of unsound mind0 ;96 supra )lements: (a) here must be a -alid marriage bet/een the husband and the /ife> (b) here is a communication made in confidence b" one to the other> and (c) he confidential communication must ha-e been made during the marriage0 ;9; Sec0 11 ;9: Sec0 16

P a g e | 1:6 (1) Attorne" and Client;97

%t is re?uired that: (a) here is an attorne" and client relation>

(b) he pri-ilege is in-o+ed /ith respect to a confidential communication bet/een them in the course of or /ith a -ie/ to professional emplo"ment> and (c) he client has not gi-en his consent to the attorne"As testimon" thereon> or (d) %f the attorne"As secretar"' stenographer or cler+ is sought to be e3amined' that both the client and the attorne" ha-e not gi-en their consent thereto0
(4) Ph"sician and Patient;9=

%t is necessar" that: (a) obstetrics>

;97

he ph"sician is authori$ed to practice medicine' surger" or

Supra he rule applies /hen the attorne" has been consulted in his professional capacit"' e-en if no fee has been paid therefor0 Preliminar" communications made for the purpose of creating the attorne"Bclient relationship are /ithin the pri-ilege0 (= 2igmore ;=7)0 #o/e-er' if the communications /ere not made for the purpose of creating that relationship' the" /ill not be co-ered b" the pri-ilege e-en if thereafter the la/"er becomes the counsel of the part" in a case in-ol-ing said statements (,eople vs. %nri'uez' 1;: Phil0 111)0 he pri-ilege does not appl" to communications /hich are: (a) %ntended to be public> (b) %ntended to be communicated to others> (c) %ntended for an unla/ful purpose> (d) .ecei-ed from third persons not acting on behalf of or as agents of the client> or (e) Made in the presence of third parties /ho are strangers to the attorne"Bclient relationship0 he communications co-ered b" the pri-ilege include -erbal statements and documents or papers entrusted to the attorne"' and of facts learned b" the attorne" through the act or agenc" of his client0 ;9= Supra he pri-ilege does not appl" /here: (a) he communication /as not gi-en in confidence> (b) he communication is irrele-ant to the professional emplo"ment> (c) he communication /as made for an unla/ful purpose' as /hen it is intended for the commission or concealment of a crime> (d) he information /as intended to be made public> or (e) here /as a /ai-er of the pri-ilege either b" the pro-isions of contract or la/0 he pri-ilege sur-i-es the death of the patient (Bassil vs. #or$ Motor Co0' 17= Mich0 174)0

P a g e | 1:;

(b) he information /as ac?uired or the ad-ice or treatment /as gi-en b" him in his professional capacit" for the purpose of treating and curing the patient> (c) he information' ad-ice or treatment' if re-ealed' /ould blac+en the reputation of the patient> and (d) he pri-ilege is in-o+ed in a ci-il case' /hether the patient is a part" thereto or not0
(6) Priest and penitent;99

he communication must be made pursuant to confessions of sin0 :55 2here the penitent discussed business arrangements /ith the priest' the pri-ilege does not appl"0:51
(;) Public @fficers:51

he dis?ualification because of pri-ileged communications to public officers re?uires that: (a) %t /as made to the public officer in official confidence> and (b) Public interest /ould suffer b" the disclosure of such communications' as in the case of State secrets0 2here no public interest /ould be prejudiced' this rule does not appl"0:54 e0 Parental and filial pri-ilege rule:56 60 )3amination of a 2itness:5; Shall be done in open court':5: and under oath or affirmation0
;99 :55

supra 2igmore' =6= :51 HS -s0 (ordon' 694 !0 Supp0 =11 :51 Supra )3ceptions to the rule: (a) 2hat is as+ed is useful e-idence to -indicate the innocence of an accused person> (b) &isclosure /ould lessen the ris+ of false testimon"> (c) &isclosure is essential to the proper disposition of the case> (d) he benefit to be gained b" a correct disposition of the litigation /as greater than an" injur" /hich could inure to the relation b" a disclosure of the information (75 C, 6;4)0 :54 Public interest means more than a mere curiosit"> it means something in /hich the public' the communit" at large' has some pecuniar" interest b" /hich their legal rights or liabilities are affected (State -s0 Croc+ett' 15: P0 =1:)0 Banco #ilipino vs. Monetary Boar$' (0.0 755;6' 57<5=<=: :56 supra :5; .ule 141 :5: /hen presented in a trial or hearing

P a g e | 1::

he ans/ers of the /itness shall be gi-en orall" unless the /itness is incapacitated to spea+' or the ?uestion calls for a different mode of ans/er0:57 a0 .ights and obligations of a /itness (a) o be protected from irrele-ant' improper' or insulting ?uestions' and from harsh or insulting demeanor> (b) Not to be detained longer than the interests of justice re?uire> (c) Not to be e3amined e3cept onl" as to matters pertinent to the issue> (d) Not to gi-e an ans/er /hich /ill tend to subject him to a penalt" for an offense unless other/ise pro-ided b" la/> or (e) Not to gi-e an ans/er /hich /ill tend to degrade his reputation' unless it be to the -er" fact at issue or to a fact from /hich the fact in issue /ould be presumed0 Cut a /itness must ans/er to the fact of his pre-ious final con-iction for an offense0:5= b0 @rder in the e3amination of an indi-idual /itness &irect )3amination he e3aminationBinB chief of a /itness b" the part" presenting him on the facts rele-ant to the issue0:59 Purpose is to build up the theor" of the case b" eliciting facts about the clientAs cause of action or defense0

CrossB e3aminatio n:15

:57

Hpon the termination CrossBe3amination aims to: of the direct a) est the accurac" and e3amination' the /itness truthfulness of the /itness

Sec0 1 he entire proceedings of a trial or hearing' including the ?uestions propounded to a /itness and his ans/ers thereto' the statements made b" the judge or an" of the parties' counsel' or /itnesses /ith reference to the case' shall be recorded b" means of shorthand or stenot"pe or b" other means of recording found suitable b" the court0 A transcript of the record of the proceedings made b" the official stenographer' stenot"pist or recorder and certified as correct b" him shall be deemed prima facie a correct statement of such proceedings (Sec0 1) :5= Sec0 4 :59 Sec0 ; :15 CrossBe3amination of a /itness is the absolute right' not a mere pri-ilege' of the part" against /hom he is called> and /ith regard to the accused' it is a right granted b" the

P a g e | 1:7

ma" be crossB e3amined b" the ad-erse part" as to an" matters stated in the direct e3amination' or connected there/ith' /ith sufficient fullness and freedom to test his accurac" and truthfulness and freedom from interest or bias' or the re-erse' and to elicit all important facts bearing upon the issue0:11 .eBdirect e3amination After the crossB e3amination of the /itness has been concluded' he ma" be reBe3amined b" the part" calling him' to e3plain or supplement his ans/ers gi-en during the crossB e3amination0 @n reB direct e3amination' ?uestions on matters not dealt /ith during the crossBe3amination' ma" be allo/ed b" the court in its discretion0:11

and his freedom from interest or bias or the re-erse> and b) )licit all important facts bearing upon the issue' not onl" of those co-ered in the direct e3amination but also on all other matters rele-ant to the issue<s pleaded0

Principal objects are: a) to pre-ent injustice to the /itness and the part" /ho has called him b" affording an opportunit" to the /itness to e3plain the testimon" gi-en on crossB e3amination> b) to e3plain an" apparent contradiction or inconsistenc" in his statements' and c) complete the ans/er of a /itness' or add a ne/ matter /hich has been omitted' or correct a possible misinterpretation of testimon"0

Constitution0 Sec0 16(1)' Art0 %%% thereof pro-ides that the accused shall enjo" the right to meet the /itnesses face to face0 :11 Sec0 : :11 Sec0 7

P a g e | 1:=

.eBcross e3amination

Hpon the conclusion of the reBdirect e3amination' the ad-erse part" ma" reBcrossB e3amine the /itness on matters stated in his reB direct e3amination' and also on such other matters as ma" be allo/ed b" the court in its discretion0:14 After the e3amination of a /itness b" both sides has been concluded' the /itness cannot be recalled /ithout lea-e of the court0 he court /ill grant or /ithhold lea-e in its discretion' as the interests of :16 justice ma" re?uire0

A /itness cannot be recalled /ithout lea-e of court' /hich ma" be granted onl" upon sho/ing of concrete' substantial grounds0

.ecalling the /itness

Aims to correct or e3plain his prior testimon"> or la" the proper foundation for his impeachment' but this is permitted onl" /ith the discretion of the court0

c0 Deading and misleading ?uestions:1; Deading ?uestion Misleading ?uestion

A ?uestion /hich suggests to the @ne /hich assumes as true a fact /itness the ans/er /hich the not "et testified to b" the /itness' e3amining part" desires0 or contrar" to that /hich he has pre-iousl" stated0

:14 :16 :1;

Sec0 = Sec0 9 Sec0 15

P a g e | 1:9

%t is not allo/ed' e3cept: (a) @n cross e3amination> (b) @n Preliminar" matters> (c) 2hen there is difficult" in getting direct and intelligible ans/ers from a /itness /ho is ignorant' or a child of tender "ears' or is of feeble mind' or a deafBmute> (d) @f an un/illing or hostile /itness>:1: or (e) @f a /itness /ho is an ad-erse part" or an officer' director' or managing agent of a public or pri-ate corporation or of a partnership or association /hich is an ad-erse part"0 (f) %n all stages of e3amination of a child if the same /ill further the interests of justice0:17

%t is not allo/ed0:1= he ad-erse part" should object thereto or as+ the court to e3punge the ans/er from the records' if he has alread" gi-en his ans/er

d0 Methods of impeachment:19 of ad-erse part"Gs /itness (1) C" contradictor" e-idence>

:1:

A /itness ma" be considered as un/illing or hostile onl" if so declared b" the court upon ade?uate sho/ing of his ad-erse interest' unjustified reluctance to testif"' or his ha-ing misled the part" into calling him to the /itness stand0 he un/illing or hostile /itness so declared' or the /itness /ho is an ad-erse part"' ma" be impeached b" the part" presenting him in all respects as if he had been called b" the ad-erse part"' e3cept b" e-idence of his bad character0 #e ma" also be impeached and crossBe3amined b" the ad-erse part"' but such cross e3amination must onl" be on the subject matter of his e3aminationBinBchief (Sec0 11) :17 Sec0 15' AM 556B57BSC :1= Sec0 15 :19 o impeach means to call into ?uestion the -eracit" of the /itnessAs testimon" b" means of e-idence offered for that purpose' or b" sho/ing that the /itness is un/orth" of belief0 %mpeachment is an allegation' supported b" proof' that a /itness /ho has been e3amined is un/orth" of credit (9= C,S 4;4)0

P a g e | 175

(1)

C" e-idence that his general reputation for truth' honest"' or

integrit" is bad> or (4) C" e-idence that he has made at other times statements inconsistent /ith his present testimon"> (6) Cut not b" e-idence of particular /rongful acts' e3cept that it ma" be sho/n b" the e3amination of the /itness' or the record of the judgment' that he has been con-icted of an offense0:15 )3cept /ith respect to /itnesses referred to in paragraphs (d) and (e):11 of Section 15' the part" producing a /itness is not allo/ed to impeach his credibilit"0 :11 e0 #o/ the /itness is impeached b" e-idence of inconsistent statements:14 (a) he statements must be related to him' /ith the circumstances of the times and places and the persons present' and (b) he must be as+ed /hether he made such statements' and if so' allo/ed to e3plain them0 %f the statements be in /riting the" must be sho/n to the /itness before an" ?uestion is put to him concerning them0:16
:15

Sec0 11 @ther modes of impeachment aside from those pro-ided b" the .ules are: (a) C" producing the record of his con-iction of an offense> (b) C" sho/ing improbabilit" or unreasonableness of testimon"> (c) C" sho/ing bias' prejudice or hostilit"> (d) C" prior acts or conduct inconsistent /ith his testimon"> (e) C" sho/ing social connections' occupation and manner of li-ing (HnderhillAs Criminal )-idence' ;th )d0' *ol %)> (f) C" sho/ing interest (2igmore on )-idence)> (g) C" sho/ing intent and moti-e (?S vs. .amb' 1: Phil0 614)0 he credibilit" of a /itness ma" be attac+ed b" proof of his bias' interest or hostilit"> b" contradictor" e-idence> b" e-idence that his general reputation for truth' honest" or integrit" is bad> b" e-idence that he has made at other times statements inconsistent /ith his present testimon"> and b" the testimon" of other /itness that the facts about /hich he has testified are other/ise than he as stated (;= Am0 ,ur0 475)0 :11 supra :11 Sec0 11 :14 la"ing the predicate :16 Sec0 14 A /itness cannot be impeached b" e-idence of contradictor" or prior inconsistent statements until the proper foundation or predicate has been laid b" the part" against /hom said /itness /as called (People -s0 &e (u$man' 1== SC.A 46:)0 Da"ing the predicate means that it is the dut" of a part" tr"ing to impugn the testimon" of a /itness b" means of prior or subse?uent inconsistent statements' /hether oral or in /riting' to gi-e the /itness a chance to reconcile his conflicting declaration (,eople vs. Relucio' =; SC.A 117)0 2here no predicate is laid during the trial b" calling the attention of a /itness to alleged inconsistent statements and as+ing him to e3plain the contradiction' proof of

P a g e | 171

f0 )-idence of the good character of a /itness Not admissible until such character has been impeached0 :1; g0 ,udicial Affida-it .ule:1: ;0 Admissions and Confessions:17 Admission Confession

An act' declaration or omission of he declaration of an accused :1= a part" as to a rele-ant fact0 ac+no/ledging his guilt of the offense charged' or of an" offense necessaril" included therein0:19 An" statement or assertion made %t is a statement b" the accused b" a part" to a case and offered that he engaged in conduct /hich against that part"> an constitutes a crime0:41 ac+no/ledgment that facts are
alleged inconsistent statements of the /itness' /hether -erbal or /ritten' cannot be admitted on objection of the ad-erse part"' or be pointed out on appeal for the purpose of destro"ing the credibilit" of the /itness (,eople vs. %scosura' =1 Phil0 61)0 An e3ception to the rule re?uiring the la"ing of foundation for the admissibilit" of e-idence of inconsistent statements has been allo/ed in the case of d"ing declarations0 Since the" are admitted on the ground of necessit"' proof of inconsistent or contradictor" statements of the deceased ma" be admitted on the same ground /ithout la"ing an" foundation therefor (,ones on )-idence' 1nd )d0' Sec0 1611)0 :1; Sec0 16 his rule that e-idence of a good character of a /itness is not admissible until such character has been impeached is the logical result of the other one' that the la/ presumes e-er" person to be reputedl" truthful until e-idence shall ha-e been produced to the contrar" (*o+nson vs. State' 119 2is0 16:)0 Character e-idence not generall" admissible> e3ceptions0 8 %n Criminal Cases: (a) he accused ma" pro-e his good moral character /hich is pertinent to the moral trait in-ol-ed in the offense charged0 (b) Hnless in rebuttal' the prosecution ma" not pro-e his bad moral character /hich is pertinent to the moral trait in-ol-ed in the offense charged0 Note that in criminal cases' the prosecution goes first0 #ence' it cannot present e-idence on the bad moral character of the accused on its e-idence in chief0 (c) he good or bad moral character of the offended part" ma" be pro-ed if it tends to establish in an" reasonable degree the probabilit" or improbabilit" of the offense charged0 %n Ci-il Cases: (a) )-idence of the moral character of a part" in a ci-il case is admissible onl" /hen pertinent to the issue of character in-ol-ed in the case0 (b) %n the case pro-ided for in .ule 141' Section 16 (Sec0 ;1' .ule 145)0 :1: See .eference :17 .ule 145 :1= Sec0 1: :19 Sec0 44

P a g e | 171

true0:45

Croader than confession0

Specific t"pe of admission /hich refers onl" to an ac+no/ledgment of guilt

Ma" be implied li+e admission b" Cannot be implied' but should silence be a direct and positi-e ac+no/ledgment of guilt0 Ma" be judicial or e3trajudicial0 Ma" be adopti-e' /hich occurs /hen a person manifests his assent to the statements of another person0:41 a0 Res inter alios acta rule he rule prohibiting the admission of collateral facts into e-idence0:44 %t has t/o branches' namel": (a) he rule that the rights of a part" cannot be prejudiced b" an act' declaration' or omission of another>:46 and (b) he rule that e-idence of pre-ious conduct or similar acts at one time is not admissible to pro-e that one did or did not do the same act at another time0:4; he rule has reference to e3trajudicial declarations0 #ence' statements made in open court b" a /itness implicating persons aside from his o/n judicial admissions are admissible as declarations from one /ho has personal +no/ledge of the facts testified to0 b0 Admission b" a part" Ma" be judicial or e3trajudicial

:45

Clac+As Da/ &ictionar"' 9th )d0

P a g e | 174

he act' declaration or omission of a part" as to a rele-ant fact ma" be

P a g e | 176

gi-en in e-idence against him0:4: c0 Admission b" a third part"

P a g e | 17;

he rights of a part" cannot be prejudiced b" an act' declaration' or

P a g e | 17:

omission of another' subject to e3ceptions0:47 d0 Admission b" a coBpartner or agent he act or declaration of a partner or agent of the part" /ithin the scope of his authorit" and during the e3istence of the partnership or agenc" ma" be gi-en in e-idence against such part" after the partnership or agenc" is sho/n b" e-idence other than such act or declaration0 he same rule

P a g e | 177

applies to the act or declaration of a joint o/ner' joint debtor' or other person

P a g e | 17=

jointl" interested /ith the part"0:4= e0 Admission b" a conspirator he act or declaration of a conspirator relating to the conspirac" and during its e3istence' ma" be gi-en in e-idence against the coBconspirator

P a g e | 179

after the conspirac" is sho/n b" e-idence other than such act of

P a g e | 1=5

declaration0:49

P a g e | 1=1

f0 Admission b" pri-ies:65

P a g e | 1=1

2here one deri-es title to propert" from another' the act' declaration' or omission of the latter' /hile holding the title' in relation to the propert"' is

P a g e | 1=4

e-idence against the former0:61 g0 Admission b" silence An act or declaration made in the presence and /ithin the hearing or obser-ation of a part" /ho does or sa"s nothing /hen the act or declaration

P a g e | 1=6

is such as naturall" to call for action or comment if not true' and /hen proper and possible for him to do so' ma" be gi-en in e-idence against him0:61 h0 Confessions An ac+no/ledgment in e3press /ords' b" the accused in a criminal case' of the truth of the offense charged' or of some essential parts thereof0:64

:41 :41

19 Am0 ,ur0 75= %stra$a vs. Desierto' 4;: SC.A 15= :44 Clac+As Da/ &ictionar"' 9th )d0 :46 Sec0 1=' .ule 145 :4; sec0 46' .ule 141 :4: Sec0 1: )3ceptions: (a) Admission b" a coBpartner or agent (Sec0 19)> (b) Admission b" a coBconspirator (Sec0 45)> and (c) Admission b" pri-ies (Sec0 41) :47 Sec0 1= :4= Sec0 19 .e?uisites: (a) he declaration or act of the partner and agent must ha-e been made or done /ithin the scope of his authorit"> (b) he declaration or act of the partner and agent must ha-e been made or done during the e3istence of the partnership or agenc"' and the person ma+ing the declaration is still a partner or an agent> and (c) he e3istence of the partnership or agenc" is pro-en b" e-idence other than the declaration or act of the partner and agent0 :49 Sec0 45 Conspirac" e3ists /hen t/o or more persons come to an agreement concerning the commission of a felon" and decide to commit it (Art0 =' .PC)0 @nce conspirac" is pro-en' the act of one is the act of all0 he statement therefore of one ma" be admitted against the other coBconspirators as an e3ception to the rule of res inter alios acta0 !or the e3ception to appl"' the follo/ing re?uisites must concur: (a) he declaration or act be made or done during the e3istence of the conspirac"> (b) he declaration or act must relate to the conspirac"> and (c) he conspirac" must be sho/n b" e-idence other than the declaration or act0 :65 Pri-it" means mutual succession of relationship to the same rights of propert"0 Pri-ies are those /ho ha-e mutual or successi-e relationship to the same right of propert" or subject matter' such as personal representati-es' heirs' de-isees' legatees' assigns' -oluntar" grantees or judgment creditors or purchasers from them /ith notice of the facts0 :61 Sec0 41 hree (4) e3ceptions are recogni$ed to the rule that declarations of the transferor' made subse?uent to the transfer' are inadmissible: (a) 2here the declarations are made in the presence of the transferee' and he ac?uiesces in the statements' or asserts no rights /here he ought to spea+> (b) 2here there has been a prima facie case of fraud established' as /here the thing after the sale or transfer' remains /ith the seller or transferor> (c) 2here the e-idence establishes a continuing conspirac" to defraud' /hich conspirac" e3ists bet/een the -endor and the -endee (,ones on )-idence' Sec0 911)0 :61 Sec0 41

P a g e | 1=;

he declaration of an accused ac+no/ledging his guilt of the offense charged' or of an" offense necessaril" included therein' ma" be gi-en in e-idence against him0:66 i0 Similar acts as e-idence )-idence that one did or did not do a certain thing at one time is not admissible to pro-e that he did or did not do the same or a similar thing at another time> but it ma" be recei-ed to pro-e a specific intent or +no/ledge' identit"' plan' s"stem' scheme' habit' custom or usage' and the li+e0:6;
.e?uisites must concur: (a) #earing and understanding of the statement b" the part"> (b) @pportunit" and necessit" of den"ing the statements> (c) Statement must refer to a matter affecting his right> (d) !acts /ere /ithin the +no/ledge of the part"> and (e) !acts admitted or the inference to be dra/n from his silence /ould be material to the issue0 he rule that the silence of a part" against /hom a claim or right is asserted ma" be construed as an admission of the truth of the assertion rests on that instinct of our nature' /hich leads us to resist an unfounded demand0 he common sense of man+ind is e3pressed in the popular phrase' silence gi-es consent /hich is but another form of e3pressing the ma3im of the la/' 'ui tacet cosentire vi$etur (,erry vs. *o+nson' ;9 Ala0 :6=)0 :64 2igmore o be -alid' confessions must be -oluntaril" and freel" made0 :66 Sec0 44 )3ceptions to the rule that confessions of an accused ma" be gi-en in e-idence against him and incompetent against his coBaccused: (a) 2hen se-eral accused are tried together' confession made b" one of them during the trial implicating the others is e-idence against the latter ( ,eople vs. Impit Gumaling' :1 Phil0 1:;)> (b) 2hen one of the defendants is discharged from the information and testifies as a /itness for the prosecution' the confession made in the course of his testimon" is admissible against his coBdefendants' if corroborated b" indisputable proof ( ,eople vs. Bautista'65 Phil0 4=9)> (c) %f a defendant after ha-ing been apprised of the confession of his coBdefendant ratifies or confirms said confession' the same is admissible against him ( ,eople vs. !rencia$a an$ Cenita'67 Phil0 975)> (d) %nterloc+ing confessions BB 2here se-eral e3traBjudicial confession had been made b" se-eral persons charged /ith an offense and there could ha-e been no collusion /ith reference to said se-eral confessions' the fact that the statements therein are in all material respects identical' is confirmator" of the confession of the coBdefendant' and is admissible against his other coBdefendants (,eople vs. Ba$illa- BC ,+il. D4CE8 (e) A statement made b" one defendant after his arrest' in the presence of his coB defendant' confessing his guilt and implicating his coBdefendant /ho failed to contradict or den" it' is admissible against his coBdefendant (11 C,S 1661)> (f) 2hen the confession is of a conspirator and made after conspirac" in furtherance of its object' the same is admissible against his coBconspirator> and (g) he confession of one conspirator made after the termination of a conspirac" is admissible against his coBconspirator if made in his presence and assented to b" him' or admitted its truth or failed to contradict or den" it (2harton on )-idence)0 An" person under in-estigation for the commission of an offense shall ha-e the right to be informed of his right to remain silent and to ha-e competent and independent counsel preferabl" of his o/n choice0 %f the person cannot afford the ser-ices of counsel' he must be

P a g e | 1=:

:0 #earsa" .ule A /itness can testif" onl" to those facts /hich he +no/s of his personal +no/ledge> that is' /hich are deri-ed from his o/n perception' e3cept as other/ise pro-ided in the rules0:6: a0 Meaning of hearsa" raditionall"' testimon" that is gi-en b" a /itness /ho relates not /hat he or she +no/s personall"' but /hat others ha-e said' and that is therefore dependent on the credibilit" of someone other than the /itness0:67 )-idence is called hearsa" /hen its probati-e force depends' in /hole or in part' on the competenc" and credibilit" of some persons other than the /itness b" /hom it is sought to produce it0:6= b0 .eason for e3clusion of hearsa" e-idence #earsa" testimon" is not subject to the tests /hich can ordinaril" be applied for the ascertainment of the truth of testimon"' since the declarant is not present and a-ailable for crossBe3amination0 %n criminal cases' the admission of hearsa" e-idence /ould be a -iolation of the constitutional pro-ision that the accused shall enjo" the right of being confronted /ith the /itnesses testif"ing against him and to crossB e3amine them0 Moreo-er' the court is /ithout the opportunit" to test the credibilit" of hearsa" statements b" obser-ing the demeanor of the person /ho made them0:69
pro-ided /ith one0 hese rights cannot be /ai-ed e3cept in /riting and in the presence of counsel0 (a) No torture' force' -iolence' threat' intimidation' or an" other means /hich -itiate the free /ill shall be used against him0 Secret detention places' solitar"' incommunicado' or other similar forms of detention are prohibited> (b) An" confession or admission obtained in -iolation of this or Section 17 hereof shall be inadmissible in e-idence against him (Sec0 11' Art0 %%%' Constitution)0 :6; .eason for the rule: %t is clear that e-idence of other crimes compels the defendant to meet charges of /hich the indictment gi-es him no information' confuses him in his defense' raises a -ariet" of issue' and thus di-erts the attention of the court from the charge immediatel" before it0 he rule ma" be said to be an application of the principle that the e-idence must be confined to the point in issue in the case on trial0 %n other /ords' e-idence of collateral offenses must not be recei-ed as substanti-e e-idence of the offenses on trial (15 Am0 ,ur0 1==)0 :6: Sec0 4: :67 Clac+sG Da/ &ictionar"' 9th )d0 Such testimon" is generall" inadmissible under the rules of e-idence0 (ibid0) :6= 41 C,S 919 %t also means the e-idence not of /hat the /itness himself +no/s but of /hat he has heard from others (2oodroffes Da/ on )-idence' 9th )d0) :69 15 Am0 ,ur0 655

P a g e | 1=7

c0 )3ceptions to the hearsa" rule (a) &"ing declaration>:;5 (b) )ntries in the course of business>:;1 (c) *erbal acts>:;1 (d) !amil" reputation or tradition regarding pedigree>:;4 (e) Dearned treatises>:;6 (f) )ntries in official records>:;; (g) Common reputation>:;: (h) estimon" or deposition at a former proceeding> :;7 (i) &eclaration against interest>:;= (j) 2ai-er> (+) %ndependentl" rele-ant e-idence>:;9 (l) Commercial lists and the li+e>::5 (m) Act or declaration about pedigree>::1 and (n) Part of res gestae0::1 he statements from /hich the facts in issue ma" be inferred ma" be testified to b" /itnesses /ithout -iolating the hearsa" rule0::4
:;5 :;1

Sec0 47 Sec0 64 :;1 Sec0 61 :;4 Sec0 65 :;6 Sec0 6: :;; Sec0 61 :;: %bid0 :;7 Sec0 67 :;= Sec0 4= :;9 %stra$a vs. Desierto' 4;: SC.A 15= ::5 Sec0 6; ::1 Sec0 49 ::1 Sec0 61 ::4 @f this +ind are: (a) Statements of a person sho/ing his state of mind' that is' his mental condition' +no/ledge' belief' intention' illB/ill and other emotion (?S vs. %nri'uez' 1 Phil0 161)> (b) Statements of a person /hich sho/ his ph"sical condition' as illness and the li+e (Steel" -s0 Central' == *t0 17=)> (c) Statements of a person from /hich an inference ma" be made as to the state of mind of another' that is' +no/ledge' belief' moti-e' good or bad faith' etc0 of the latter ( Roles vs. .izarraga 1ermanos' 61 Phil0 ;=6)> (d) Statements /hich ma" identif" the date' place' and person in ?uestion ( State vs. Dunn' 159 %a0 7;5)> and (e) Statements sho/ing the lac+ of credibilit" of a /itness0

P a g e | 1==

(1) &"ing declaration 2hen made under the consciousness of an impending death' ma" be recei-ed in an" case /herein a personGs death is the subject of in?uir"' as e-idence of the cause and surrounding circumstances of such death0::6 (1) &eclaration against interest he declaration made b" a person deceased' or unable to testif"' against the interest of the declarant' if the fact asserted in the declaration /as at the time it /as made so far contrar" to declarantTs o/n interest' that a reasonable man in his position /ould not ha-e made the declaration unless he belie-ed it to be true' ma" be recei-ed in e-idence against himself or his successors in interest and against third persons0::; Admission b" pri-ies interest @ne of 4 e3ceptions to res inter alios acta rule )3ception to hearsa" &eclaration against

)-idence against the successor in )-idence against e-en interest of the admitter declarant' his successor interest' or 4rd persons

the in

Admitter need not be dead or &eclarant is dead or unable to unable to testif" testif"

::6

Sec0 47 &"ing declarations are the statements made b" a person after the mortal /ounds ha-e been inflicted' under the belief that death is certain' stating the facts concerning the cause of' and the circumstances surrounding the homicide (2hartonAs Criminal )-idence)0 .e?uisites: (a) hat death is imminent and the declarant is conscious of that fact> (b) hat the declaration refers to the cause and surrounding circumstances of such death> (c) hat the declaration relates to facts /hich the -ictim is competent to testif" to> and (d) hat the declaration is offered in a case /herein the declarantAs death is the subject of the in?uir"0 ::; Sec0 4= .e?uisites for the e3ception to appl": (a) hat the declarant is dead or unable to testif"> (b) hat it relates to a fact against the interest of the declarant> (c) hat at the time he made said declaration the declarant /as a/are that the same /as contrar" to his aforesaid interest> and (d) hat the declarant had no moti-e to falsif" and belie-ed such declaration to be true0

P a g e | 1=9

.elates to title to propert"

.elates to an" interest

Admission need not be against the &eclaration must be against the admitterAs interest of the declarant interest (4) Act or declaration about pedigree::: he act or declaration of a person deceased' or unable to testif"' in respect to the pedigree of another person related to him b" birth or marriage' ma" be recei-ed in e-idence /here it occurred before the contro-ers"' and the relationship bet/een the t/o (1) persons is sho/n b" e-idence other than such act or declaration0 (6) !amil" reputation or tradition regarding pedigree he reputation or tradition e3isting in a famil" pre-ious to the contro-ers"' in respect to the pedigree of an" one of its members' ma" be recei-ed in e-idence if the /itness testif"ing thereon be also a member of the famil"0 )ntries in famil" bibles or other famil" boo+s or charts' engra-ings on rings' famil" portraits and the li+e' ma" be recei-ed as e-idence of pedigree0::7 (;) Common reputation

:::

he /ord KpedigreeK includes relationship' famil" genealog"' birth' marriage' death' the dates /hen and the places /here these facts occurred' and the names of the relati-es0 %t embraces also facts of famil" histor" intimatel" connected /ith pedigree ( Sec0 49) .e?uisites for applicabilit": (a) &eclarant is dead or unable to testif"> (b) Necessit" that pedigree be in issue> (c) &eclarant must be a relati-e of the person /hose pedigree is in ?uestion> (d) &eclaration must be made before the contro-ers" occurred> and (e) he relationship bet/een the declarant and the person /hose pedigree is in ?uestion must be sho/n b" e-idence other than such act or declaration0 Pedigree is the histor" of famil" descent /hich is transmitted from one generation to another b" both oral and /ritten declarations and b" traditions (,ones on )-idence)0 ::7 Sec0 65 .e?uisites for the e3ception to appl": (a) here is a contro-ers" in respect to the pedigree of an" members of a famil"> (b) he reputation or tradition of the pedigree of the person concerned e3isted ante litem motam or pre-ious to the contro-ers"> and (c) he /itness testif"ing to the reputation or tradition regarding the pedigree of the person concerned must be a member of the famil" of said person' either b" consanguinit" or affinit"0

P a g e | 195

Common reputation e3isting pre-ious to the contro-ers"' respecting facts of public or general interest more than thirt" (45) "ears old' or respecting marriage or moral character' ma" be gi-en in e-idence0 Monuments and inscriptions in public places ma" be recei-ed as e-idence of common reputation0::= (:) Part of the res gestae556 Statements made b" a person /hile a startling occurrence is ta+ing place or immediatel" prior or subse?uent thereto /ith respect to the circumstances thereof0 So' also' statements accompan"ing an e?ui-ocal act material to the issue' and gi-ing it a legal significance.:75 (eneral classes of declarations to /hich the term res gestae is usuall" applied: (a) spontaneous statements':71 and (b) -erbal acts0
::=

Sec0 61 .e?uisites for the admissibilit" of the e3ception: (a) he facts must be of public or general interest and more than thirt" (45) "ears old> (b) he common reputation must ha-e been ancient (more than 45 "ears old or one generation old)> (c) he reputation must ha-e been one formed among the class of persons /ho /ere in a position to ha-e some sources of information and to contribute intelligentl" to the formation of the opinion> and (d) he common reputation must ha-e been e3isting pre-ious to the contro-ers"0 .e?uisites for the admissibilit" of common reputation respecting marriage: (a) he common reputation must ha-e been formed pre-ious to the contro-ers"> and (b) he common reputation must ha-e been formed in the communit" or among the class of persons /ho are in a position to ha-e sources of information and to contribute intelligentl" to the formation of the opinion0 .e?uisites for the admissibilit" of common reputation respecting moral character: (a) hat it is the reputation in the place /here the person in ?uestion is best +no/n> (b) hat it /as formed ante litem motam0 ::9 Res gestae is from the Datin meaning Pthings done and includes the circumstances' facts and declarations incidental to the main fact or transaction' necessar" to illustrate its character' and also includes acts' /ords and declarations /hich are so closel" connected there/ith as to constitute a part of the transaction0 As applied to a crime' res gestae means the complete criminal transaction from its beginning or starting point in the act of the accused until the end is reached0 :75 Sec0 61 he test for the admissibilit" of e-idence as part of the res gestae is /hether the act' declaration or e3clamation is so intimatel" inter/o-en or connected /ith the principal fact or e-ent /hich it characteri$es as to be regarded as a part of the transaction itself' and also /hether it clearl" negati-e an" premeditation or purpose to manufacture testimon" (41 C,S 11)0 :71 !actors to consider to determine /hether statements offered in e-idence as part of res gestae ha-e been made spontaneous or not: (a) he time that has elapsed bet/een the occurrence of the act or transaction and the ma+ing of the statement>

P a g e | 191

Spontaneous statements Statement or e3clamation made immediatel" after some e3citing occasion b" a participant or spectator and asserting the circumstances of that occasion as it is obser-ed b" him0

*erbal acts Htterances /hich accompan" some act or conduct to /hich it is desired to gi-e a legal effect0 2hen such act has intrinsicall" no definite legal significance' or onl" an ambiguous one' its legal purport or tenor ma" be ascertained b" considering the /ords accompan"ing it' and these utterances thus enter merel" as -erbal part of the act0

he res gestae is the startling he res gestae is the e?ui-ocal occurrence> act> Spontaneous e3clamation ma" be prior to' simultaneous /ith' or subse?uent to the startling occurrence0 .eason for admissibilit": *erbal act must be contemporaneous /ith or must accompan" the e?ui-ocal act to be admissible0 .eason for admissibilit":

rust/orthiness and necessit" B he moti-e' character and object because statements are made of an act are fre?uentl" indicated instincti-el"' and because said b" /hat /as said b" the person natural and spontaneous engaged in the act0 utterances are more con-incing than the testimon" of the same person on the stand0 .e?uisites for admissibilit": .e?uisites for admissibilit":

(a) here must be a startling (a) Act or occurrence occurrence> characteri$ed must be e?ui-ocal>
(b) he place /here the statement /as made> (c) he condition of the declarant /hen he made the statement> (d) he presence or absence of inter-ening occurrences bet/een the occurrence and the statement relati-e thereto> (e) he nature and circumstances of the statement itself0

P a g e | 191

(b) he statement must relate to (b) *erbal acts must characteri$e the circumstances of the startling or e3plain the e?ui-ocal act> occurrence> (c) )?ui-ocal act must be rele-ant (c) he statement must be to the issue> spontaneous0 (d) *erbal acts must be contemporaneous /ith e?ui-ocal act0 (7) )ntries in the course of business )ntries made at' or near the time of the transactions to /hich the" refer' b" a person deceased' or unable to testif"' /ho /as in a position to +no/ the facts therein stated' ma" be recei-ed as prima &acie e-idence' if such person made the entries in his professional capacit" or in the performance of dut" and in the ordinar" or regular course of business or dut"0:71 (=) )ntries in official records )ntries in official records made in the performance of his dut" b" a public officer of the Philippines' or b" a person in the performance of a dut" speciall" enjoined b" la/' are prima &acie e-idence of the facts therein stated0:74 (9) Commercial lists and the li+e )-idence of statements of matters of interest' to persons engaged in an occupation contained in a list' register' periodical' or other published
:71

Sec0 64 .e?uisites for admissibilit": (a) )ntries must ha-e been made at or near the time of the transaction to /hich the" refer> (b) )ntrant must ha-e been in a position to +no/ the facts stated in the entries> (c) )ntries must ha-e been made b" entrant in his professional capacit" or in the performance of his dut"> (d) )ntries /ere made in the ordinar" or regular course of business of duties> (e) )ntrant must be deceased or unable to testif"0 :74 Sec0 66 .e?uisites for admissibilit": (a) hat it /as made b" a public officer' or b" another person speciall" enjoined b" la/ to do so> (b) %t /as made b" a public officer in the performance of his dut"' of b" another person in the performance of a dut" speciall" enjoined b" la/> (c) he public officer or the other person had sufficient +no/ledge of the facts b" him stated' /hich must ha-e been ac?uired b" him personall" or through official information0

P a g e | 194

compilation is admissible as tending to pro-e the truth of an" rele-ant matter so stated if that compilation is published for use b" persons engaged in that occupation and is generall" used and relied upon b" them therein0:76 (15) Dearned treaties A published treatise' periodical or pamphlet on a subject of histor"' la/' science or art is admissible as tending to pro-e the truth of a matter stated therein if the court ta+es judicial notice' or a /itness e3pert in the subject testifies that the /riter of the statement in the treatise' periodical or pamphlet is recogni$ed in his profession or calling as e3pert in the subject0 :7; (11) estimon" or deposition at a former trial he testimon" or deposition of a /itness deceased or unable to testif"' gi-en in a former case or proceeding' judicial or administrati-e' in-ol-ing the same parties and subject matter' ma" be gi-en in e-idence against the ad-erse part" /ho had the opportunit" to crossBe3amine him0:7: 70 @pinion .ule
:76

Sec0 6; .e?uisites for admissibilit": (a) he commercial list is a statement of matters of interest to persons engaged in an occupation> (b) Such statement is contained in a list' register' periodical or other published compilation> (c) Said compilation is published for the use of persons engaged in that occupation> and (d) %t is generall" used and relied upon b" persons in the same occupation ( ,0!C S+ipping an$ Transport Co. vs. C"' 197 SC.A 651)0 :7; Sec0 6: .e?uisites for admissibilit": (a) he court ta+es judicial notice that the /riter of the statement in the treatise' periodical or pamphlet' is recogni$ed in his profession or calling as e3pert in the subject> or (b) A /itness' e3pert in the subject testifies that the /riter of the statement in the treatise' periodical or pamphlet is recogni$ed in his profession or calling as e3pert in the subject (2igmore on )-idence)0 :7: Sec0 67 .e?uisites for admissibilit": (a) he /itness /hose testimon" is offered in e-idence is either dead' unable to testif"' insane' mentall" incapacitated' lost his memor" through old age or disease' ph"sicall" disabled' +ept a/a" b" contri-ance of the opposite part" and despite diligent search cannot be found> (b) %dentit" of parties in the pre-ious and the present case or proceeding> (c) %dentit" of issues> (d) @pportunit" of crossBe3amination of /itness0 %f the /itness has been subjected to crossBe3amination in a former trial' the rule is satisfied' and the former testimon" ma" no/ be used0 %n appl"ing this proposition' the follo/ing details ma" arise for settlement: (a) 2as the testimon" gi-en before a court allo/ing crossBe3amination b" ad-erse parties and ha-ing po/er to compel ans/erV %f not' the testimon" cannot be used0 (b) %f the testimon" /as gi-en as a deposition' /as the opponent gi-en reasonable notice and opportunit" to attend and crossBe3amineV

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(eneral rule: he opinion of a /itness is not admissible0:77 )3ceptions: @pinion of e3pert /itness and opinion of ordinar" /itnesses::7= (a) @n a matter re?uiring special +no/ledge' s+ill' e3perience or training /hich he possesses>:79 (b) .egarding the identit" or the hand/riting of a person' /hen he has +no/ledge of the person or hand/riting' /hether he is an ordinar" or e3pert /itness>:=5 (c) @n the mental sanit" or a person' if the /itness is sufficientl" ac?uainted /ith the former or if the latter is an e3pert /itness> (d) @n the emotion' beha-ior' condition or appearance of a person /hich he has obser-ed> and (e) @n ordinar" matters +no/n to all men of common perception0 :=1 a0 @pinion of e3pert /itness:=1
(c) 2hether at a former trial or before a deposition officer' /ere the then issues and parties so nearl" the same as no/ that the opportunit" to crossBe3amine on the present issues /as inade?uateV %f not' the testimon" cannot be used0 (d) 2as crossBe3amination pre-ented b" the death or illness or refusal of the /itness' after gi-ing his direct testimon"V %f it /as' the direct e3amination cannot be used (2igmore on )-idence)0 :77 Hpon the ?uestion of the e3istence or nonBe3istence of an" fact in issue' /hether a main fact or e-identiar" fact' opinion e-idence as to its e3istence or nonBe3istence is inadmissible0 he /itnesses must testif" to facts /ithin their +no/ledge and ma" not state their opinion' e-en on their crossBe3amination0 :7= under Secs0 69 and ;5 (Sec0 6=) :79 that is' /hen he is an e3pert thereon> :=5 Sec0 11' .ule 141 :=1 such as the -alue of ordinar" household articles ( Galian vs. State "ssurance Co0' 19 Phil0 614) he reason is that it is for the court to form an opinion concerning the facts in proof of /hich e-idence is offered0 his in turn is based upon the fact that e-en /hen /itnesses are limited in their statements to detailed facts' their bias' ignorance' and disregard of the truth are obstacles /hich too often hinder in the in-estigation of the truth' so that if /itnesses might be allo/ed to state the opinions the" might entertain about the facts in issue' the administration of justice /ould become little less than a farce (,ones' Commentaries on )-idence' 1nd )d0)0 :=1 An e3pert is a person /ho is so ?ualified' either b" actual e3perience or b" careful stud"' as to enable him to form a definite opinion of his o/n respecting an" di-ision of science'

P a g e | 19;

@n a matter re?uiring special +no/ledge' s+ill' e3perience or training /hich he is sho/n to possess' ma" be recei-ed in e-idence0:=4 Cefore one ma" be allo/ed to testif" as an e3pert /itness' his ?ualification must first be established b" the part" presenting him0:=6 b0 @pinion of ordinar" /itness Ma" be recei-ed in e-idence regarding 8 (a) the identit" of a person about /hom he has ade?uate +no/ledge> (b) A hand/riting /ith /hich he has sufficient familiarit"> and (c) he mental sanit" of a person /ith /hom he is sufficientl" ac?uainted0

branch of art' or department of trade about /hich persons ha-ing no particular training or special stud" are incapable of forming accurate opinions or of deducing correct conclusions (15 Am0 ,ur0 :46)0 :=4 Sec0 69 %t is sufficient that the follo/ing factors are present: (a) raining and education> (b) Particular' firstBhand familiarit" /ith the facts of the case> and (c) Presentation of the authorities or standards upon /hich his opinion is based0 Common subjects of e3pert testimon": hand/riting' t"pe/ritten documents' fingerprints' ballistics' medicine' -alue of properties and ser-ices' :=6 i0e0' he must be sho/n to possess the special s+ill or +no/ledge rele-ant to the ?uestion to /hich he is to e3press an opinion (,eople vs. #un$ano' 191 SC.A 4;:) .e?uisites for admissibilit" of e3pert testimon": (a) he subject under e3amination must be one that re?uires that the court has the aid of +no/ledge or e3perience as cannot be obtained from the ordinar" /itnesses> (b) he /itness called an e3pert must possess the +no/ledge' s+ill' or e3perience needed to inform the court in the particular case under consideration> (c) Di+e other e-idence' e3pert testimon" is not admissible as to a matter not in issue (2hartonAs Criminal )-idence' 11th )d')0 !orm of the ?uestion on direct e3amination of an e3pert /itness: (a) @pinion based on facts +no/n personall" b" the e3pert> (b) @pinion based on facts of /hich he has personal +no/ledge0 #o/ ma" the opinion of an e3pert /itness be impeached: (a) #e ma" be contradicted b" others in his o/n class or b" an" competent /itness' or b" use of e3hibits> or (b) he /eight of his testimon" ma" be impaired b" sho/ing that he is interested or biased> (c) hat he made inconsistent statement at another time' pro-ided a proper foundation is laid therefor> (d) hat he formed a different opinion at another time> (e) hat he did not e3press the opinion testified to at a time /hen such e3pression might reasonabl" ha-e been e3pected> or (f) hat he changed sides in the case (941 C,S 611)0