ATTY.

MOYA’S FORECAST Principle of Stare Decisis or Adherence

Jurisidiction (alam kong naisapuso mo to Precedents
na ito ) The principle of stare decisis enjoins
Clean Hands Doctrine adherence by lower courts to doctrinal rules
One who seeks equity must do equity, and established by this Court in its final
he who comes into equity must come with decisions. It is based on the principle that
clean hands. The latter is a frequently once a question of law has been examined
stated maxim which is also expressed in and decided, it should be deemed settled
the principle that he who has done inequity and closed to further argument
shall not have equity. It signifies that a
litigant may be denied relief by a court of Procedural due process
equity on the ground that his conduct has 1) there must be a court or tribunal clothed
been inequitable, unfair, dishonest, or with the power to hear or determine the
fraudulent, or deceitful as to the matter before it;
controversy in issue 2) that jurisdiction has been lawfully
acquired;
Doctrine of Estoppel 3) defendant shall have to opputunity to be
The doctrine of estoppel is based upon the heard;
grounds of public policy, fair dealing, good 4) judgment shall be rendered upon lawful
faith and justice, and its purpose is to forbid hearing.
one to speak against his own act,
representations, or commitments to the Pauper Litigants
injury of one to whom they were directed Rule 3, Section 22 which provided that:
and who reasonably relied thereon. Pauper litigant. Any court may authorize a
litigant to prosecute his action or defense
Principle of Law of the Case as a pauper upon a proper showing that he
The law of the case has been defined as the has no means to that effect by affidavits,
opinion delivered on a former appeal. It certificate of the corresponding provincial,
means that whatever is once irrevocably city or municipal treasurer, or otherwise.
established as the controlling legal rule or Such authority[,] once given[,] shall include
decision between the same parties in the an exemption from payment of legal fees
same case continues to be the law of the and from filing appeal bond, printed record
case, whether correct on general principles and printed brief. The legal fees shall be a
or not, so long as the facts on which such lien to any judgment rendered in the case
decision was predicated continue to be the [favorable] to the pauper, unless the court
otherwise provides.
facts of the case before the court.
Liberal Construction
Moot and Academic Case; Exceptions
Where a rigid application of that rule will
A moot and academic case is one that
result in a manifest failure or miscarriage of
ceases to present a justiciable controversy
justice, then the rule may be relaxed,
by virtue of supervening events, so that a especially if a party successfully shows that
declaration thereon would be of no practical the alleged defect in the questioned final
value. As a rule, courts decline jurisdiction and executory judgment is not apparent on
over such case, or dismiss it on ground of its face or from the recitals contained
mootness. therein. Technicalities may thus be
disregarded in order to resolve the case.
Courts will decide cases, otherwise moot After all, no party can even claim a vested
and academic, if: (1) there is a grave right in technicalities. Litigations should, as
violation of the Constitution; (2) there is an much as possible, be decided on the merits
exceptional character of the situation and and not on technicalities.
the paramount public interest is involved;
(3) the constitutional issue raised requires Payment of Docket Fees
formation of controlling principles to guide Jurisdiction is defined as the authority to
hear and determine a cause or the right to
the bench, the bar, and the public; and (4)
act in a case. In addition to being conferred
the case is capable of repetition yet
by the Constitution and the law, the rule is
evading review settled that a court’s jurisdiction over the
subject matter is determined by the
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relevant allegations in the complaint, the proclamation won’t suffice. And if he does,
law in effect when the action is filed, and he cannot order the arrest of the persons
the character of the relief sought who allegedly didn’t comply with its terms.
irrespective of whether the plaintiff is He must apply with the court for an arrest
entitled to all or some of the claims order.
asserted. Consistent with Section 1, Rule -Effect of ‘Subsequent Acts’: If Trillanes
141 of the Revised Rules of Court which
committed rebellious, subversive or
provides that the prescribed fees shall be
seditious acts again, they cannot
paid in full “upon the filing of the pleading
or other application which initiates an justify the revival of his crimes that
action or proceeding”, the well-entrenched were forgiven and removed by
rule is to the effect that a court acquires amnesty. File the charges on the new
jurisdiction over a case only upon the crimes.
payment of the prescribed filing and docket
fees (Pag CRIM PRO naman, eto.)
Provisional DIsmissal
Article 89, Amnesty Sec. 8. Provisional dismissal. – A case
Art. 89. How criminal liability is totally shall not be provisionally dismissed
extinguished. — Criminal liability is totally except with the express consent of the
extinguished: accused and with notice to the offended
1. By the death of the convict, as to the party.
personal penalties and as to pecuniary
penalties, liability therefor is extinguished The provisional dismissal of offenses
only when the death of the offender occurs punishable imprisonment not exceeding six
before final judgment.chanrobles virtual law (6) years or a fine of any amount, or both,
library shall become permanent one (1) year after
2. By service of the sentence; issuance of the order without the case
3. By amnesty, which completely having been revived. With respect to
offenses punishable by imprisonment of
extinguishes the penalty and all its
more than six (6) years, their
effects;
provisional dismissal shall become
4. By absolute pardon;
permanent two (2) years after issuance of
5. By prescription of the crime;
the order without the case having been
6. By prescription of the penalty;
revived.
7. By the marriage of the offended woman,
as provided in Article 344 of this Code. Time-Bar Rule
> The provisional dismissal of offenses
Revival of a case, Amnesty punishable by imprisonment exceeding 6
(Trillanes to siguro kaya eto, some points to years or a fine of any amount shall
remember in relation to his case. ) become permanent after one year without
- Amnesty as a Precept of Law: It wipes out the case having been revived
the crime once the cases in court are > For offenses punishable by
dismissed upon presentation of approved imprisonment of more than 6 years, the
amnesty applications. provisional dismissal shall become
-Who Exercises the Power: The sitting permanent after 2 years without the case
president grants it and Congress concurs. having been revived.
Then the courts abide by the executive- > After the provisional dismissal
legislative act. becomes final, the accused cannot be
-Who Can Revoke It: Generally it is not prosecuted anymore
revoked; in the country’s history this is the
When can a case be provisionally
first time it’s being done. Reasons are basic
dismissed?
and pragmatic. A president does not disturb > A case can only be dismissed
a political decision of a predecessor. The provisionally if the accused expressly
amnesty effects can no longer be consents, such consent given in writing or
undone. The crimes are abolished and viva voce.
the offenders are freed. > It must be positive, direct,
-Should It Be Rescinded: The president unequivocal consent requiring no
cannot unilaterally rescind it. Congress inference or implication to supply its
must concur with the move. A presidential meaning
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> The mere inaction or silence of the
accused to a provisional dismissal of What are the bases for issuing writ of
the case or his failure to object to a kalikasan?
provisional dismissal doesn’t amount to
express consent.  1987 Constitution
o Article 2 Sec. 16, “The state
WHAT ARE THE CONDITIONS FOR shall advance the right of the
SECTION 8 OF THE RULES OF COURT people to a balanced and
TO APPLY?
healthful ecology in accordance
WHAT ARE THE REQUISITES LAID
DOWN BY PEOPLE V. LACSON? with the rhythm and harmony of
1. The prosecution, with the express nature”
conformity of the accused or the latter’s o Article 2 Sec. 15, “The state
counsel moves for a provisional dismissal of shall protect and promote the
the case; or both the prosecution or
right to health of the people and
accused move for a provisional dismissal
of the case instill health consciousness
2. The offended party is notified of among them.”
the motion for a provisional dismissal of  Environmental Justice
the case  Inter-generational
3. The court issues an order granting the
Responsibility (Oposa v. Factoran)
motion and dismissing the case
provisionally
4. The public prosecutor is served What are the main issues considered
with a copy of the order of provisional by the Supreme Court Committee
dismissal of the case which affects the prosecution of

WHAT DOES IT MEAN WHEN THE TIME environmental cases?

BAR RULE WILL NOT APPLY?  whether to relax the rule on "locus
> Provisional dismissal will not standi” to encourage more citizens to
become permanent, even after one year file suits involving violations of the
or two years depending on the offense’s country's environmental laws;
nature
 the delay in the disposition of
HOW CAN A CASE BE REVIVED pending environmental cases; and
1. Re-filing the information or filing of  the problem of procuring evidence
a new information for the same offense and crafting effective remedies.
necessarily included therein without need
of a new preliminary investigation unless
the original witnesses of the What are the objectives of Writ of
prosecution or some of them may have Kalikasan?
recanted their testimonies or may no  For protection and promotion of
longer be available and new witnesses constitutional right to a balanced and
for the State have emerged healthful ecology;
2. A new preliminary investigation is also
required if aside from the original accused,  For simplified, speedy and
other persons are charged under a new inexpensive procedure in the
criminal complaint for the same offense or enforcement of environmental rights
necessarily included therein and duties;
3. Under a new criminal complaint,  To introduce and adopt innovations in
the criminal liability of the accused is
upgraded from that of an accessory to ensuring the effective enforcement of
that of a principal remedies and redress for violation of
4. Under a new criminal complaint, the environmental laws; and
charge has been upgraded  To enable the courts to monitor and
exact compliance with orders and
judgments in environmental cases.
SPECIAL PROCEEDINGS
What are some features of the Writ of
WRIT OF KALIKASAN Kalikasan?
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  First of its kind in the WORLD.  Natural or juridical person, entity
 Special Civil Action authorized by law, people’s
 Rule 7 of A.M. No. 09-6-8-SC: Rules of organization, non-governmental
Procedure for Environmental Cases organization, or any public interest
(Effective April 29, 2010) group accredited by or registered
 A remedial measure that may be with any government agency on
granted by the courts upon the behalf of persons;
request of a person or a group whose  whose constitutional right to a
constitutional right to a healthy balanced and healthful ecology is
environment is violated violated, or threatened with violation;
 by an unlawful act or omission of a
What is the nature of a writ of public official or employee, or private
kalikasan? individual or entity;
It is an extraordinary remedy with the  involving environmental damage of
underlying emphasis on the magnitude such magnitude as to prejudice the
as it deals with damage that transcends life, health or property of inhabitants
political and territorial boundaries. in two or more cities or provinces.
How is magnitude measure?
Magnitude is measured according to the Why is there a need for accreditation
qualification set forth in the Rule – when of a group or organization?
The requirement of accreditation of a
there is environmental damage that
group or organization is for the purpose
prejudices the life, liberty or property of
of verifying its existence. The
inhabitants in two or more cities or
accreditation is a mechanism to prevent
provinces.
“fly by night” groups from abusing the
Give several instances wherein the SC writ.
issued Writ of Kalikasan.
 Protected Area Mgt. Board to refrain What are the contents of a petition for
from issuing clearances for fish cage Writ of Kalikasan?
operations in Taal Lake;  Personal circumstances of the
 government to answer a petition petitioner;
seeking to stop mining operations in  Name and personal circumstances of
the Zamboanga Peninsula; the respondent, or if name is
 Placer Dome and Barric Gold to clean unknown or uncertain, an appellation
up the toxic waste that spilled into the for him;
Boac River in Marinduque in 1996;  The environmental law violated;
 Baguio City government to cease and  The act or omission complained of;
desist from using the Irisan dump  The environmental damage of such
facility either as a holding or staging magnitude as to prejudice the health,
area or as controlled area for all kinds life or property of inhabitants in two
of solid wastes; or more cities or provinces;
 Rehabilitating the Manila Bay by  All relevant or material evidence;
cleaning-up the river veins connected  Certification of petitioner under oath
to the bay; and that:
 Stopping FPIC from operating the 117-  He has not commenced any action
kilometer Batangas-to-Manila oil involving the same issue;
pipeline after it leaked sometime in  If there is a pending action, the
2010. present status thereof;
 If he should learn that the same claim
Who can file a petition for Writ of has been filed or is pending, he
Kalikasan? (PVU EP)
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 should report such fact within 5 days They will be punished with contempt
from knowledge thereof to the court; without prejudice to other
 The reliefs prayed for. administrative, civil, or criminal action.

Where is it filed? When should the respondent file a

With the Supreme Court or with any verified return?
station of the Court of Appeals Within a non-extendible period of ten
(10) days after service of the writ.
Why is the petition filed in the
Supreme Court or the Court of What are the contents of the return?
Appeals?  All defenses to show that
 The magnitude of the environmental respondent did not violate or
damage is the reason for limiting threaten to violate, or allow the
where the writ may be filed, to the violation of any environmental law,
Supreme Court or Court of Appeals rule or regulation or commit any
whose jurisdiction is national in act resulting to environmental
scope. damage of such magnitude as to
prejudice the life, health or
How much is the docket fee? property of inhabitants in two or
The petitioner is EXEMPT from paying more cities or provinces.
docket fees  Affidavits of witnesses
 documentary evidence
What is the rationale of the exemption  scientific or other expert studies
from the payment of docket fees?  object evidence, if possible
The exemption from payment of docket
fees is consistent with the character of What is the effect if respondent will
the reliefs available under the writ, not raise all his defenses in the
which excludes damages for personal return?
injuries. This exemption also encourages All defenses not raised in the return shall
public participation in availing of the be deemed waived.
remedy.
What is the effect of a general denial?
How is the writ issued? A general denial of allegations in the
Within 3 days from the filing of the petition shall be considered as an
petition, if the petition is sufficient in admission thereof.
form and substance, the court shall
order: What are the prohibited pleadings and
 Issuing the writ; motions?
 Requiring the respondent to file a  Motion to dismiss;
verified return.  Motion for extension of time to file
The Clerk of Court shall issue the writ. return;
 Motion for postponement;
How is the writ served?  Motion for a bill of particulars;
It is served personally or by substituted  Counterclaim or cross-claim;
service by the court officer or any  Third-party complaint;
person deputized by the court, who shall  Reply; and
retain a copy on which to make the  Motion to declare respondent in
return of service. default.

What if the court officers refuse to What is the purpose of providing for
issue or serve the writ? prohibited pleadings and motions?
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 The purpose of prohibiting certain How can the discovery measures be
pleadings and motions is to expedite the availed of?
hearing of the petition. The discovery measures may be availed
of by the filing of a verified motion.
Is a motion for intervention Who can avail of the discovery
prohibited? measures?
NO. A motion for intervention is excluded The discovery measures are available to
from the enumeration. Allowing this a party in the case.
motion is a reaffirmation of the public
participation aspect of the writ of What should be alleged in the motion
kalikasan since there may be a large, for an “ocular inspection?”
qualified pool of possible representatives  The motion must show that an ocular
interested in availing of the remedy. inspection order is necessary to
establish the magnitude of the
What is the effect for failure to file a violation or the threat as to prejudice
return? the life, health or property of
The court shall proceed to hear the inhabitants in two or more cities or
petition ex parte provinces.
 It shall state in detail the place or
What are the matters taken up in a places to be inspected.
preliminary conference?  It shall be supported by affidavits of
 Simplification of issues witnesses having personal knowledge
 determination of the possibility of of the violation or threatened
obtaining stipulations or admissions violation of environmental law.
from the parties;
 setting up the petition for hearing What are the contents of the “ocular
inspection order?”
What is the duration of the preliminary After hearing, the court may order any
conference and hearing? person in possession or control of a
The hearing and preliminary conference designated land or other property to
shall not extend beyond sixty (60) days permit entry for the purpose of
and shall be given the same priority as inspecting or photographing the
petitions for the writs of habeas corpus, property or any relevant object or
amparo and habeas data. operation thereon. The order shall
specify the person or persons authorized
What is the nature of the hearing? to make the inspection and the date,
The environmental damage subject of time, place and manner of making the
the writ may involve issues that are of a inspection and may prescribe other
complex character, and for this reason, conditions to protect the constitutional
the hearing is not summary. The rights of all parties.
abbreviated time frame required,
however, insures that the proceedings What should be alleged in the motion
are expedited for “production or inspection of
documents or things?”
What are the discovery measures The motion must show that a production
available? order is necessary to establish the
The discovery measures available magnitude of the violation or the threat
include “ocular inspection” and as to prejudice the life, health or
“production or inspection of documents property of inhabitants in two or more
or things.” cities or provinces.

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What are the contents of the The court’s discretion in requiring the
“production or inspection order of filing of memoranda in electronic form if
documents or things?” possible is for the purpose of expediting
After hearing, the court may order any the proceedings.
person in possession, custody or control
of any designated documents, papers, What is the procedure in rendering
books, accounts, letters, photographs, judgment?
objects or tangible things, or objects in  After hearing, the court shall issue an
digitized or electronic form, which order submitting the case for
constitute or contain evidence relevant decision.
to the petition or the return, to produce ◦ The court may require the filing of
and permit their inspection, copying or memoranda and if possible, in its
photographing by or on behalf of the electronic form, within a non-
movant. The production order shall extendible period of thirty (30)
specify the person or persons authorized days from the date the petition is
to make the production and the date, submitted for decision
time, place and manner of making the Within sixty (60) days from the time the
inspection or production and may petition is submitted for decision, the court
prescribe other conditions to protect the shall render judgment granting or denying
constitutional rights of all parties. the privilege of the writ of kalikasan.

What are the reliefs that may be

What are the limits on the issuance of
granted under the writ of kalikasan?
the discovery measures?
 Directing respondent to permanently
Considering that these measures are
cease and desist from committing
invasive, the court may prescribe
acts or neglecting the performance of
conditions in any order granting such
a duty in violation of environmental
measures to safeguard constitutional
laws resulting in environmental
rights.
destruction or damage;
Who may be punished for indirect  Directing the respondent public
contempt? official, government agency, private
The court may after hearing punish the person or entity to protect, preserve,
respondent who refuses or unduly rehabilitate or restore the
delays the filing of a return, or who environment;
makes a false return, or any person who  Directing the respondent public
disobeys or resists a lawful process or official, government agency, private
order of the court for indirect contempt person or entity to monitor strict
under Rule 71 of the Rules of Court. compliance with the decision and
orders of the court;
What are the contents of the order of  Directing the respondent public
the court submitting the case for official, government agency, or
decision? private person or entity to make
The court may require the filing of periodic reports on the execution of
memoranda and if possible, in its the final judgment; and
electronic form, within a non-extendible  Such other reliefs which relate to the
period of 30 days from the date the right of the people to a balanced and
petition is submitted for decision. healthful ecology or to the protection,
preservation, rehabilitation or
What is the purpose of requiring the
restoration of the environment,
filing of memoranda in electronic
except the award of damages to
form?
individual petitioners.
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 charging a person with an offense,
Are the reliefs available exclusive? subscribed by the prosecutor and filed with
The reliefs that may be granted under the court. (4a)
the writ are broad, comprehensive and Section 5. Who must prosecute criminal
non-exclusive. The reliefs regarding actions. — All criminal actions commenced
monitoring and periodic reports ensure by a complaint or information shall be
enforcement of the judgment of the prosecuted under the direction and control
court. of the prosecutor. However, in Municipal
Trial Courts or Municipal Circuit Trial Courts
when the prosecutor assigned thereto or to
What is the remedy in case an adverse the case is not available, the offended
judgment was rendered? party, any peace officer, or public officer
The remedy is to appeal to the Supreme charged with the enforcement of the law
Court under Rule 45 of the Rules of Court violated may prosecute the case. This
authority cease upon actual intervention of
within fifteen (15) days from the date of the prosecutor or upon elevation of the
notice of the adverse judgment or denial case to the Regional Trial Court. (This Section

of motion for reconsideration. The was repealed by A.M. No. 02-2-07-SC effective May 1, 2002)

appeal may raise questions of fact.

Can a question of fact be raised on The crimes of adultery and concubinage
shall not be prosecuted except upon a
appeal? complaint filed by the offended spouse. The
Given the extraordinary nature of offended party cannot institute criminal
circumstances surrounding the issuance prosecution without including the guilty
of a writ of kalikasan, this section allows parties, if both alive, nor, in any case, if the
an appeal to raise questions of fact and offended party has consented to the
thus constitutes an exception to Rule 45 offense or pardoned the offenders.
of the Rules of Court. The offenses of seduction, abduction and
acts of lasciviousness shall not be
May a party institute separate actions? prosecuted except upon a complaint filed
Yes. The filing of a petition for the by the offended party or her parents,
issuance of the writ of kalikasan shall not grandparents or guardian, nor, in any case,
preclude the filing of separate civil, if the offender has been expressly pardoned
by any of them. If the offended party dies
criminal or administrative actions. or becomes incapacitated before she can
file the complaint, and she has no known
parents, grandparents or guardian, the
CRIMRPO State shall initiate the criminal action in her
behalf.
Jurisdiction (go go go bambam)
Rule 110 (Secs 2-6) The offended party, even if a minor, has the
right to initiate the prosecution of the
Section 2. The Complaint or information. offenses of seduction, abduction and acts of
— The complaint or information shall be in lasciviousness independently of her
writing, in the name of the People of the parents, grandparents, or guardian, unless
Philippines and against all persons who she is incompetent or incapable of doing so.
appear to be responsible for the offense Where the offended party, who is a minor,
involved. (2a) fails to file the complaint, her parents,
grandparents, or guardian may file the
Section 3. Complaint defined. — A same. The right to file the action granted to
complaint is a sworn written statement parents, grandparents or guardian shall be
charging a person with an offense, exclusive of all other persons and shall be
subscribed by the offended party, any exercised successively in the order herein
peace officer, or other public officer provided, except as stated in the preceding
charged with the enforcement of the law paragraph.
violated. (3)
No criminal action for defamation which
Section 4. Information defined. — An consists in the imputation of the offenses
information is an accusation in writing mentioned above shall be brought except
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at the instance of and upon complaint filed No counterclaim, cross-claim or third-party
by the offended party. (5a) complaint may be filed by the accused in
the criminal case, but any cause of action
The prosecution for violation of special laws which could have been the subject thereof
shall be governed by the provisions thereof. may be litigated in a separate civil action.
(n) (1a)

Section 6. Sufficiency of complaint or (b) The criminal action for violation of Batas
information. — A complaint or information Pambansa Blg. 22 shall be deemed to
is sufficient if it states the name of the include the corresponding civil action. No
accused; the designation of the offense reservation to file such civil action
given by the statute; the acts or omissions separately shall be allowed.
complained of as constituting the offense;
the name of the offended party; the Upon filing of the aforesaid joint criminal
approximate date of the commission of the and civil actions, the offended party shall
offense; and the place where the offense pay in full the filing fees based on the
was committed. amount of the check involved, which shall
be considered as the actual damages
When an offense is committed by more claimed. Where the complaint or
than one person, all of them shall be information also seeks to recover
included in the complaint or information. liquidated, moral, nominal, temperate or
(6a) exemplary damages, the offended party
shall pay additional filing fees based on the
Rule 111 (Secs. 1-2) amounts alleged therein. If the amounts are
not so alleged but any of these damages
Section 1. Institution of criminal and civil are subsequently awarded by the court, the
actions. — (a) When a criminal action is filing fees based on the amount awarded
instituted, the civil action for the recovery shall constitute a first lien on the judgment.
of civil liability arising from the offense
charged shall be deemed instituted with the Where the civil action has been filed
criminal action unless the offended party separately and trial thereof has not yet
waives the civil action, reserves the right to commenced, it may be consolidated with
institute it separately or institutes the civil the criminal action upon application with
action prior to the criminal action. the court trying the latter case. If the
application is granted, the trial of both
The reservation of the right to institute actions shall proceed in accordance with
separately the civil action shall be made section 2 of this Rule governing
before the prosecution starts presenting its consolidation of the civil and criminal
evidence and under circumstances actions. (cir. 57-97)
affording the offended party a reasonable
opportunity to make such reservation. Section 2. When separate civil action is
suspended. — After the criminal action has
When the offended party seeks to enforce been commenced, the separate civil action
civil liability against the accused by way of arising therefrom cannot be instituted until
moral, nominal, temperate, or exemplary final judgment has been entered in the
damages without specifying the amount criminal action.
thereof in the complaint or information, the
filing fees thereof shall constitute a first lien If the criminal action is filed after the said
on the judgment awarding such damages. civil action has already been instituted, the
latter shall be suspended in whatever stage
Where the amount of damages, other than it may be found before judgment on the
actual, is specified in the complaint or merits. The suspension shall last until final
information, the corresponding filing fees judgment is rendered in the criminal action.
shall be paid by the offended party upon Nevertheless, before judgment on the
the filing thereof in court. merits is rendered in the civil action, the
same may, upon motion of the offended
Except as otherwise provided in these party, be consolidated with the criminal
Rules, no filing fees shall be required for action in the court trying the criminal
actual damages. action. In case of consolidation, the
evidence already adduced in the civil action
shall be deemed automatically reproduced
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in the criminal action without prejudice to he personally examined the affiants
the right of the prosecution to cross- and that he is satisfied that they
examine the witnesses presented by the voluntarily executed and understood
offended party in the criminal case and of their affidavits.
the parties to present additional evidence.
The consolidated criminal and civil actions (b) Within ten (10) days after the
shall be tried and decided jointly. filing of the complaint, the
investigating officer shall either
During the pendency of the criminal action, dismiss it if he finds no ground to
the running of the period of prescription of continue with the investigation, or
the civil action which cannot be instituted issue a subpoena to the respondent
separately or whose proceeding has been attaching to it a copy of the
suspended shall be tolled. (n) complaint and its supporting
affidavits and documents.
The extinction of the penal action does not
carry with it extinction of the civil action. The respondent shall have the right
However, the civil action based on delict to examine the evidence submitted
shall be deemed extinguished if there is a by the complainant which he may not
finding in a final judgment in the criminal have been furnished and to copy
action that the act or omission from which them at his expense. If the evidence
the civil liability may arise did not exist. is voluminous, the complainant may
(2a) be required to specify those which he
intends to present against the
Rule 112 (Secs1,3,6) respondent, and these shall be made
available for examination or copying
Section 1. Preliminary investigation by the respondent at his expense.
defined; when required. — Preliminary
investigation is an inquiry or proceeding to Objects as evidence need not be
determine whether there is sufficient furnished a party but shall be made
ground to engender a well-founded belief available for examination, copying, or
that a crime has been committed and the photographing at the expense of the
respondent is probably guilty thereof, and requesting party.
should be held for trial.
(c) Within ten (10) days from receipt
Except as provided in section 7 of this Rule, of the subpoena with the complaint
a preliminary investigation is required to be and supporting affidavits and
conducted before the filing of a complaint documents, the respondent shall
or information for an offense where the submit his counter-affidavit and that
penalty prescribed by law is at least four (4) of his witnesses and other supporting
years, two (2) months and one (1) day documents relied upon for his
without regard to the fine. (1a) defense. The counter-affidavits shall
be subscribed and sworn to and
Section 3. Procedure. — The preliminary certified as provided in paragraph (a)
investigation shall be conducted in the of this section, with copies thereof
following manner: furnished by him to the complainant.
The respondent shall not be allowed
(a) The complaint shall state the to file a motion to dismiss in lieu of a
address of the respondent and shall counter-affidavit.
be accompanied by the affidavits of
the complainant and his witnesses, as (d) If the respondent cannot be
well as other supporting documents subpoenaed, or if subpoenaed, does
to establish probable cause. They not submit counter-affidavits within
shall be in such number of copies as the ten (10) day period, the
there are respondents, plus two (2) investigating officer shall resolve the
copies for the official file. The complaint based on the evidence
affidavits shall be subscribed and presented by the complainant.
sworn to before any prosecutor or
government official authorized to (e) The investigating officer may set a
administer oath, or, in their absence hearing if there are facts and issues
or unavailability, before a notary to be clarified from a party or a
public, each of who must certify that witness. The parties can be present at
10
 the hearing but without the right to Ombudsman or his deputy, and the
examine or cross-examine. They may, corresponding information is filed, he shall
however, submit to the investigating issue a warrant of arrest. However, without
officer questions which may be asked waiting for the conclusion of the
to the party or witness concerned. investigation, the judge may issue a
warrant of arrest if he finds after an
The hearing shall be held within ten examination in writing and under oath of
(10) days from submission of the the complainant and his witnesses in the
counter-affidavits and other form of searching question and answers,
documents or from the expiration of that a probable cause exists and that there
the period for their submission. It is a necessity of placing the respondent
shall be terminated within five (5) under immediate custody in order not to
days. frustrate the ends of justice.

(f) Within ten (10) days after the (c) When warrant of arrest not necessary.
investigation, the investigating officer — A warrant of arrest shall not issue if the
shall determine whether or not there accused is already under detention
is sufficient ground to hold the pursuant to a warrant issued by the
respondent for trial. (3a) municipal trial court in accordance with
paragraph (b) of this section, or if the
Section 6. When warrant of arrest may complaint or information was filed pursuant
issue. — (a) By the Regional Trial Court. — to section 7 of this Rule or is for an offense
Within ten (10) days from the filing of the penalized by fine only. The court shall then
complaint or information, the judge shall proceed in the exercise of its original
personally evaluate the resolution of the jurisdiction. (6a)
prosecutor and its supporting evidence. He
may immediately dismiss the case if the Rule 113 (Sec. 5 in relation to Rule 122
evidence on record clearly fails to establish Sec 6)
probable cause. If he finds probable cause,
he shall issue a warrant of arrest, or a Section 5. Arrest without warrant; when
commitment order if the accused has lawful. — A peace officer or a private
already been arrested pursuant to a person may, without a warrant, arrest a
warrant issued by the judge who conducted person:
the preliminary investigation or when the
complaint or information was filed pursuant (a) When, in his presence, the person
to section 7 of this Rule. In case of doubt on to be arrested has committed, is
the existence of probable cause, the judge actually committing, or is attempting
may order the prosecutor to present to commit an offense;
additional evidence within five (5) days
from notice and the issue must be resolved (b) When an offense has just been
by the court within thirty (30) days from the committed, and he has probable
filing of the complaint of information. cause to believe based on personal
knowledge of facts or circumstances
(b) By the Municipal Trial Court. — When that the person to be arrested has
required pursuant to the second paragraph committed it; and
of section 1 of this Rule, the preliminary
investigation of cases falling under the (c) When the person to be arrested is
original jurisdiction of the Metropolitan Trial a prisoner who has escaped from a
Court, Municipal Trial Court in Cities, penal establishment or place where
Municipal Trial Court, or Municipal Circuit he is serving final judgment or is
Trial Court may be conducted by either the temporarily confined while his case is
judge or the prosecutor. When conducted pending, or has escaped while being
by the prosecutor, the procedure for the transferred from one confinement to
issuance of a warrant or arrest by the judge another.
shall be governed by paragraph (a) of this
section. When the investigation is In cases falling under paragraph (a) and (b)
conducted by the judge himself, he shall above, the person arrested without a
follow the procedure provided in section 3 warrant shall be forthwith delivered to the
of this Rule. If the findings and nearest police station or jail and shall be
recommendations are affirmed by the proceeded against in accordance with
provincial or city prosecutor, or by the section 7 of Rule
11
Rule 122 (f) Weight of the evidence against the
accused;
Section 6. When appeal to be taken. — An
appeal must be taken within fifteen (15) (g) Probability of the accused
days from promulgation of the judgment or appearing at the trial;
from notice of the final order appealed
from. This period for perfecting an appeal (h) Forfeiture of other bail;
shall be suspended from the time a motion
for new trial or reconsideration is filed until (i) The fact that accused was a
notice of the order overruling the motion fugitive from justice when arrested;
shall have been served upon the accused or and
his counsel at which time the balance of the
period begins to run. (6a) (j) Pendency of other cases where the
accused is on bail.
Rule 114 (Secs 7-9)
Excessive bail shall not be required.
Section 7. Capital offense of an offense
punishable by reclusion perpetua or life RA 7438
imprisonment, not bailable. — No person
charged with a capital offense, or an Section 2. Rights of Persons Arrested,
offense punishable by reclusion perpetua or Detained or Under Custodial
life imprisonment, shall be admitted to bail Investigation; Duties of Public
when evidence of guilt is strong, regardless Officers.–
of the stage of the criminal prosecution.
(7a) (a) Any person arrested detained or
under custodial investigation shall at
Section 8. Burden of proof in bail all times be assisted by counsel.
application. — At the hearing of an
application for bail filed by a person who is (b) Any public officer or employee, or
in custody for the commission of an offense anyone acting under his order or his
punishable by death, reclusion perpetua, or place, who arrests, detains or
life imprisonment, the prosecution has the investigates any person for the
burden of showing that evidence of guilt is commission of an offense shall inform
strong. The evidence presented during the the latter, in a language known to
bail hearing shall be considered and understood by him, of his rights
automatically reproduced at the trial, but to remain silent and to have
upon motion of either party, the court may competent and independent counsel,
recall any witness for additional preferably of his own choice, who
examination unless the latter is dead, shall at all times be allowed to confer
outside the Philippines, or otherwise unable privately with the person arrested,
to testify. (8a) detained or under custodial
investigation. If such person cannot
Section 9. Amount of bail; guidelines. — afford the services of his own
The judge who issued the warrant or counsel, he must be provided with a
granted the application shall fix a competent and independent counsel
reasonable amount of bail considering by the investigating officer.lawphi1Ÿ
primarily, but not limited to, the following
factors: (c) The custodial investigation report
shall be reduced to writing by the
(a) Financial ability of the accused to investigating officer, provided that
give bail; before such report is signed, or
thumbmarked if the person arrested
(b) Nature and circumstances of the or detained does not know how to
offense; read and write, it shall be read and
adequately explained to him by his
(c) Penalty for the offense charged; counsel or by the assisting counsel
provided by the investigating officer
(d) Character and reputation of the in the language or dialect known to
accused; such arrested or detained person,
otherwise, such investigation report
(e) Age and health of the accused;
12
 shall be null and void and of no effect (a) To be presumed innocent until the
whatsoever. contrary is proved beyond reasonable
doubt.
(d) Any extrajudicial confession made
by a person arrested, detained or (b) To be informed of the nature and
under custodial investigation shall be cause of the accusation against him.
in writing and signed by such person
in the presence of his counsel or in (c) To be present and defend in
the latter's absence, upon a valid person and by counsel at every stage
waiver, and in the presence of any of of the proceedings, from arraignment
the parents, elder brothers and to promulgation of the judgment. The
sisters, his spouse, the municipal accused may, however, waive his
mayor, the municipal judge, district presence at the trial pursuant to the
school supervisor, or priest or stipulations set forth in his bail,
minister of the gospel as chosen by unless his presence is specifically
him; otherwise, such extrajudicial ordered by the court for purposes of
confession shall be inadmissible as identification. The absence of the
evidence in any proceeding. accused without justifiable cause at
the trial of which he had notice shall
(e) Any waiver by a person arrested be considered a waiver of his right to
or detained under the provisions of be present thereat. When an accused
Article 125 of the Revised Penal Code, under custody escapes, he shall be
or under custodial investigation, shall deemed to have waived his right to
be in writing and signed by such be present on all subsequent trial
person in the presence of his counsel; dates until custody over him is
otherwise the waiver shall be null and regained. Upon motion, the accused
void and of no effect. may be allowed to defend himself in
person when it sufficiently appears to
(f) Any person arrested or detained or the court that he can properly protect
under custodial investigation shall be his right without the assistance of
allowed visits by or conferences with counsel.
any member of his immediate family,
or any medical doctor or priest or (d) To testify as a witness in his own
religious minister chosen by him or by behalf but subject to cross-
any member of his immediate family examination on matters covered by
or by his counsel, or by any national direct examination. His silence shall
non-governmental organization duly not in any manner prejudice him.
accredited by the Commission on
Human Rights of by any international (e) To be exempt from being
non-governmental organization duly compelled to be a witness against
accredited by the Office of the himself.
President. The person's "immediate
family" shall include his or her (f) To confront and cross-examine the
spouse, fiancé or fiancée, parent or witnesses against him at the trial.
child, brother or sister, grandparent Either party may utilize as part of its
or grandchild, uncle or aunt, nephew evidence the testimony of a witness
or niece, and guardian or ward. who is deceased, out of or can not
with due diligence be found in the
As used in this Act, "custodial investigation" Philippines, unavailable or otherwise
shall include the practice of issuing an unable to testify, given in another
"invitation" to a person who is investigated case or proceeding, judicial or
in connection with an offense he is administrative, involving the same
suspected to have committed, without parties and subject matter, the
prejudice to the liability of the "inviting" adverse party having the opportunity
officer for any violation of law. to cross-examine him.

Rule 115 (Memorize daw) (g) To have compulsory process

issued to secure the attendance of
Section 1. Rights of accused at the trial. — witnesses and production of other
In all criminal prosecutions, the accused evidence in his behalf.
shall be entitled to the following rights:
13
 (h) To have speedy, impartial and amendment, or the complaint or
public trial. information still suffers from the same
defect despite the amendment. (n)
(i) To appeal in all cases allowed and
in the manner prescribed by law. (1a) Section 9. Failure to move to quash or to
allege any ground therefor. — The failure of
Rule 117 (Secs 3-4, 9) the accused to assert any ground of a
motion to quash before he pleads to the
Section 3. Grounds. — The accused may complaint or information, either because he
move to quash the complaint or information did not file a motion to quash or failed to
on any of the following grounds: allege the same in said motion, shall be
deemed a waiver of any objections based
(a) That the facts charged do not on the grounds provided for in paragraphs
constitute an offense; (a), (b), (g), and (i) of section 3 of this Rule.
(8)
(b) That the court trying the case has
no jurisdiction over the offense Rule 119 (Sec 23)
charged;
Section 23. Demurrer to evidence. — After
(c) That the court trying the case has the prosecution rests its case, the court
no jurisdiction over the person of the may dismiss the action on the ground of
accused; insufficiency of evidence (1) on its own
initiative after giving the prosecution the
(d) That the officer who filed the opportunity to be heard or (2) upon
information had no authority to do so; demurrer to evidence filed by the accused
with or without leave of court.
(e) That it does not conform
substantially to the prescribed form; If the court denies the demurrer to
evidence filed with leave of court, the
(f) That more than one offense is accused may adduce evidence in his
charged except when a single defense. When the demurrer to evidence is
punishment for various offenses is filed without leave of court, the accused
prescribed by law; waives the right to present evidence and
submits the case for judgment on the basis
(g) That the criminal action or liability of the evidence for the prosecution. (15a)
has been extinguished;
The motion for leave of court to file
(h) That it contains averments which, demurrer to evidence shall specifically state
if true, would constitute a legal its grounds and shall be filed within a non-
excuse or justification; and extendible period of five (5) days after the
prosecution rests its case. The prosecution
(i) That the accused has been may oppose the motion within a non-
previously convicted or acquitted of extendible period of five (5) days from its
the offense charged, or the case receipt.
against him was dismissed or
otherwise terminated without his If leave of court is granted, the accused
express consent. (3a) shall file the demurrer to evidence within a
non-extendible period of ten (10) days from
Section 4. Amendment of the complaint or notice. The prosecution may oppose the
information. — If the motion to quash is demurrer to evidence within a similar
based on an alleged defect of the complaint period from its receipt.
or information which can be cured by
amendment, the court shall order that an The order denying the motion for leave of
amendment be made. (4a) court to file demurrer to evidence or the
demurrer itself shall not be reviewable by
If it is based on the ground that the facts appeal or by certiorari before judgment. (n)
charged do not constitute an offense, the
prosecution shall be given by the court an RULE 120 (Sec 1-9)
opportunity to correct the defect by
amendment. The motion shall be granted if Section 1. Judgment definition and form.
the prosecution fails to make the — Judgment is the adjudication by the court
14
that the accused is guilty or not guilty of Section 5. When an offense includes or is
the offense charged and the imposition on included in another. — An offense charged
him of the proper penalty and civil liability, necessarily includes the offense proved
if any. It must be written in the official when some of the essential elements or
language, personally and directly prepared ingredients of the former, as alleged in the
by the judge and signed by him and shall complaint or information, constitute the
contain clearly and distinctly a statement of latter. And an offense charged is
the facts and the law upon which it is necessarily included in the offense proved,
based. (1a) when the essential ingredients of the
former constitute or form a part of those
Section 2. Contents of the judgment. — If constituting the latter. (5a)
the judgment is of conviction, it shall state
(1) the legal qualification of the offense Section 6. Promulgation of judgment. —
constituted by the acts committed by the The judgment is promulgated by reading it
accused and the aggravating or mitigating in the presence of the accused and any
circumstances which attended its judge of the court in which it was rendered.
commission; (2) the participation of the However, if the conviction is for a light
accused in the offense, whether as offense, the judgment may be pronounced
principal, accomplice, or accessory after in the presence of his counsel or
the fact; (3) the penalty imposed upon the representative. When the judge is absent or
accused; and (4) the civil liability or outside of the province or city, the
damages caused by his wrongful act or judgment may be promulgated by the clerk
omission to be recovered from the accused of court.
by the offended party, if there is any,
unless the enforcement of the civil liability If the accused is confined or detained in
by a separate civil action has been reserved another province or city, the judgment may
or waived. be promulgated by the executive judge of
the Regional Trial Court having jurisdiction
In case the judgment is of acquittal, it shall over the place of confinement or detention
state whether the evidence of the upon request of the court which rendered
prosecution absolutely failed to prove the the judgment. The court promulgating the
guilt of the accused or merely failed to judgment shall have authority to accept the
prove his guilt beyond reasonable doubt. In notice of appeal and to approve the bail
either case, the judgment shall determine if bond pending appeal; provided, that if the
the act or omission from which the civil decision of the trial court convicting the
liability might arise did not exist. (2a) accused changed the nature of the offense
from non-bailable to bailable, the
Section 3. Judgment for two or more application for bail can only be filed and
offenses. — When two or more offenses are resolved by the appellate court.
charged in a single complaint or
information but the accused fails to object The proper clerk of court shall give notice
to it before trial, the court may convict him to the accused personally or through his
of as many offenses as are charged and bondsman or warden and counsel, requiring
proved, and impose on him the penalty for him to be present at the promulgation of
each offense, setting out separately the the decision. If the accused tried in
findings of fact and law in each offense. absentia because he jumped bail or
(3a) escaped from prison, the notice to him shall
be served at his last known address.
Section 4. Judgment in case of variance
between allegation and proof. — When In case the accused fails to appear at the
there is variance between the offense scheduled date of promulgation of
charged in the complaint or information and judgment despite notice, the promulgation
that proved, and the offense as charged is shall be made by recording the judgment in
included in or necessarily includes the the criminal docket and serving him a copy
offense proved, the accused shall be thereof at his last known address or thru his
convicted of the offense proved which is counsel.
included in the offense charged, or of the
offense charged which is included in the If the judgment is for conviction and the
offense proved. (4a) failure of the accused to appear was
without justifiable cause, he shall lose the
remedies available in these rules against
15
the judgment and the court shall order his x x x A void judgment is not entitled to the
arrest. Within fifteen (15) days from respect accorded to a valid judgment, but
promulgation of judgment, however, the may be entirely disregarded or declared
accused may surrender and file a motion inoperative by any tribunal in which effect
for leave of court to avail of these is sought to be given to it. It has no legal or
remedies. He shall state the reasons for his binding effect or efficacy for any purpose or
absence at the scheduled promulgation and at any place. It cannot affect, impair or
if he proves that his absence was for a create rights. It is not entitled to
justifiable cause, he shall be allowed to enforcement and is, ordinarily, no
avail of said remedies within fifteen (15) protection to those who seek to enforce. In
days from notice. (6a) other words, a void judgment is regarded as
a nullity, and the situation is the same as it
Section 7. Modification of judgment. — A would be if there was no judgment. x x x63
judgment of conviction may, upon motion
of the accused, be modified or set aside A judgment rendered without jurisdiction is
before it becomes final or before appeal is a void judgment. This want of jurisdiction
perfected. Except where the death penalty may pertain to lack of jurisdiction over the
is imposed, a judgment becomes final after subject matter or over the person of one of
the lapse of the period for perfecting an the parties.
appeal, or when the sentence has been
partially or totally satisfied or served, or A void judgment may also arise from the
when the accused has waived in writing his tribunal's act constituting grave abuse of
right to appeal, or has applied for discretion amounting to lack or excess of
probation. (7a) jurisdiction. In Yu v. Judge Reyes-
Carpio, 64 we explained-
Section 8. Entry of judgment. — After a
judgment has become final, it shall be The term "grave abuse of discretion" has a
entered in accordance with Rule 36. (8) specific meaning. An act of a court or
tribunal can only be considered as with
Section 9. Existing provisions governing grave abuse of discretion when such act is
suspension of sentence, probation and done in a "capricious or whimsical exercise
parole not affected by this Rule. — Nothing of judgment as is equivalent to lack of
in this Rule shall affect any existing jurisdiction." x x x [T]he use of a petition
provisions in the laws governing suspension for certiorari is restricted only to "truly
of sentence, probation or parole. (9a) extraordinary cases wherein the act of the
lower court or quasi-judicial body is wholly
Reverse Trial void
when an accused admits the offense but
interposes a lawful defense. Nunc Pro Tunc
A judgment nunc pro tunc is an
Doctrine of Finality of Judgment action by a trial court correcting a clerical
Doctrine of finality of judgment or (rather than judicial) error in a
immutability of judgment, a decision that prior judgment
has acquired finality becomes immutable
and unalterable, and may no longer be
modified in any respect, even if the Rule 122 (Sec 3)
modification is meant to correct erroneous
conclusions of fact and law, and whether it Section 3. How appeal taken. —
be made by the court that rendered it or by
the Highest Court of the land. Any act (a) The appeal to the Regional Trial
which violates this principle must Court, or to the Court of Appeals in
immediately be struck down. cases decided by the Regional Trial
Court in the exercise of its original
jurisdiction, shall be taken by filing a
Void Judgment notice of appeal with the court which
rendered the judgment or final order
A void judgment is no judgment at all in legal
appealed from and by serving a copy
contemplation. In Canero v. University of the thereof upon the adverse party.
Philippines62we held that-
(b) The appeal to the Court of
Appeals in cases decided by the
16
 Regional Trial Court in the exercise of any court within the judicial region
its appellate jurisdiction shall be by where the warrant shall be enforced.
petition for review under Rule 42.
However, if the criminal action has already
(c) The appeal to the Supreme Court been filed, the application shall only be
in cases where the penalty imposed made in the court where the criminal action
by the Regional Trial Court is is pending. (n)
death, reclusion perpetua, or life
imprisonment, or where a lesser Section 3. Personal property to be seized.
penalty is imposed but for offenses — A search warrant may be issued for the
committed on the same occasion or search and seizure of personal property:
which arose out of the same
occurrence that gave rise to the more (a) Subject of the offense;
serious offense for which the penalty
of death, reclusion perpetua, or life (b) Stolen or embezzled and other
imprisonment is imposed, shall be by proceeds, or fruits of the offense; or
filing a notice of appeal in accordance
with paragraph (a) of this section. (c) Used or intended to be used as
the means of committing an offense.
(d) No notice of appeal is necessary (2a)
in cases where the death penalty is
imposed by the Regional Trial Court. Section 4. Requisites for issuing search
The same shall be automatically warrant. — A search warrant shall not issue
reviewed by the Supreme Court as except upon probable cause in connection
provided in section 10 of this Rule. with one specific offense to be determined
personally by the judge after examination
(e) Except as provided in the last under oath or affirmation of the
paragraph of section 13, Rule 124, all complainant and the witnesses he may
other appeals to the Supreme Court produce, and particularly describing the
shall be by petition for review place to be searched and the things to be
on certiorari under Rules 45. (3a) seized which may be anywhere in the
Philippines. (3a)

Section 5. Examination of
complainant; record. — The judge must,
before issuing the warrant, personally
RULE 126 examine in the form of searching questions
and answers, in writing and under oath, the
Search and Seizure complainant and the witnesses he may
produce on facts personally known to them
Section 1. Search warrant defined. — A and attach to the record their sworn
search warrant is an order in writing issued statements, together with the affidavits
in the name of the People of the Philippines, submitted. (4a)
signed by a judge and directed to a peace
officer, commanding him to search for Section 6. Issuance and form of search
personal property described therein and warrant. — If the judge is satisfied of the
bring it before the court. (1) existence of facts upon which the
application is based or that there is
Section 2. Court where application for probable cause to believe that they exist,
search warrant shall be filed. — An he shall issue the warrant, which must be
application for search warrant shall be filed substantially in the form prescribed by
with the following: these Rules. (5a)

a) Any court within whose territorial Section 7. Right to break door or window
jurisdiction a crime was committed. to effect search. — The officer, if refused
admittance to the place of directed search
b) For compelling reasons stated in after giving notice of his purpose and
the application, any court within the authority, may break open any outer or
judicial region where the crime was inner door or window of a house or any part
committed if the place of the of a house or anything therein to execute
commission of the crime is known, or the warrant or liberate himself or any
17
person lawfully aiding him when unlawfully (c) The return on the search warrant
detained therein. (6) shall be filed and kept by the
custodian of the log book on search
Section 8. Search of house, room, or warrants who shall enter therein the
premise to be made in presence of two date of the return, the result, and
witnesses. — No search of a house, room, other actions of the judge.
or any other premise shall be made except
in the presence of the lawful occupant A violation of this section shall constitute
thereof or any member of his family or in contempt of court.(11a)
the absence of the latter, two witnesses of
sufficient age and discretion residing in the Section 13. Search incident to lawful
same locality. (7a) arrest. — A person lawfully arrested may be
searched for dangerous weapons or
Section 9. Time of making search. — The anything which may have been used or
warrant must direct that it be served in the constitute proof in the commission of an
day time, unless the affidavit asserts that offense without a search warrant. (12a)
the property is on the person or in the place
ordered to be searched, in which case a Section 14. Motion to quash a search
direction may be inserted that it be served warrant or to suppress evidence; where to
at any time of the day or night. (8) file. — A motion to quash a search warrant
and/or to suppress evidence obtained
Section 10. Validity of search warrant. — A thereby may be filed in and acted upon
search warrant shall be valid for ten (10) only by the court where the action has been
days from its date. Thereafter it shall be instituted. If no criminal action has been
void. (9a) instituted, the motion may be filed in and
resolved by the court that issued the search
Section 11. Receipt for the property warrant. However, if such court failed to
seized. — The officer seizing property under resolve the motion and a criminal case is
the warrant must give a detailed receipt for subsequent filed in another court, the
the same to the lawful occupant of the motion shall be resolved by the latter court.
premises in whose presence the search and (n)
seizure were made, or in the absence of
such occupant, must, in the presence of at Bambam, di ko mahanap repromulgation.
least two witnesses of sufficient age and
discretion residing in the same locality, Sususuuuriii
leave a receipt in the place in which he
found the seized property. (10a) Heirarchy of Courts (d ko madiagram. Haha)
Review Courts
Section 12. Delivery of property and
inventory thereof to court; return and  Supreme Court
proceedings thereon. — (a) The officer
must forthwith deliver the property seized  Court of Appeals
to the judge who issued the warrant,
together with a true inventory thereof duly Trial Courts
verified under oath.
 Regional Trial Court
(b) Ten (10) days after issuance of the
search warrant, the issuing judge  Provincial Regional Trial
shall ascertain if the return has been Court
made, and if none, shall summon the
person to whom the warrant was  Metro Manila Regional
issued and require him to explain why Trial Court
no return was made. If the return has
been made, the judge shall ascertain  Metropolitan Trial Court
whether section 11 of this Rule has
been complained with and shall  Municipal Trial Court
require that the property seized be
delivered to him. The judge shall see  Municipal Circuit Trial Court
to it that subsection (a) hereof has
been complied with. Special Courts

18
  Court of Tax Appeals (c) When the original consists of
numerous accounts or other
 Sandiganbayan documents which cannot be
examined in court without great loss
of time and the fact sought to be
established from them is only the
general result of the whole; and
Evidence
Rule 129 (d) When the original is a public
record in the custody of a public
Section 4. Judicial admissions. — An officer or is recorded in a public
admission, verbal or written, made by the office. (2a)
party in the course of the proceedings in
the same case, does not require proof. The Section 4. Original of document. —
admission may be contradicted only by
showing that it was made through palpable (a) The original of the document is
mistake or that no such admission was one the contents of which are the
made. (2a) subject of inquiry.

RULE 130 (b) When a document is in two or

more copies executed at or about the
Rules of Admissibility same time, with identical contents, all
such copies are equally regarded as
A. OBJECT (REAL) EVIDENCE originals.

Section 1. Object as evidence. — Objects (c) When an entry is repeated in the

as evidence are those addressed to the regular course of business, one being
senses of the court. When an object is copied from another at or near the
relevant to the fact in issue, it may be time of the transaction, all the entries
exhibited to, examined or viewed by the are likewise equally regarded as
court. (1a) originals. (3a)

B. DOCUMENTARY EVIDENCE 2. Secondary Evidence

Section 2. Documentary evidence. — Section 5. When original document is

Documents as evidence consist of writing unavailable. — When the original document
or any material containing letters, words, has been lost or destroyed, or cannot be
numbers, figures, symbols or other modes produced in court, the offeror, upon proof of
of written expression offered as proof of its execution or existence and the cause of
their contents. (n) its unavailability without bad faith on his
part, may prove its contents by a copy, or
1. Best Evidence Rule by a recital of its contents in some
authentic document, or by the testimony of
Section 3. Original document must be witnesses in the order stated. (4a)
produced; exceptions. — When the subject
of inquiry is the contents of a document, no Section 6. When original document is in
evidence shall be admissible other than the adverse party's custody or control. — If the
original document itself, except in the document is in the custody or under the
following cases: control of adverse party, he must have
reasonable notice to produce it. If after
(a) When the original has been lost or such notice and after satisfactory proof of
destroyed, or cannot be produced in its existence, he fails to produce the
court, without bad faith on the part of document, secondary evidence may be
the offeror; presented as in the case of its loss. (5a)

(b) When the original is in the custody Section 7. Evidence admissible when
or under the control of the party original document is a public record. —
against whom the evidence is offered, When the original of document is in the
and the latter fails to produce it after custody of public officer or is recorded in a
reasonable notice; public office, its contents may be proved by

19
a certified copy issued by the public officer Religious or political belief, interest in the
in custody thereof. (2a) outcome of the case, or conviction of a
crime unless otherwise provided by law,
Section 8. Party who calls for document shall not be ground for disqualification.
not bound to offer it. — A party who calls (18a)
for the production of a document and
inspects the same is not obliged to offer it Section 23. Disqualification by reason of
as evidence. (6a) death or insanity of adverse party. —
Parties or assignor of parties to a case, or
3. Parol Evidence Rule persons in whose behalf a case is
prosecuted, against an executor or
Section 9. Evidence of written administrator or other representative of a
agreements. — When the terms of an deceased person, or against a person of
agreement have been reduced to writing, it unsound mind, upon a claim or demand
is considered as containing all the terms against the estate of such deceased person
agreed upon and there can be, between the or against such person of unsound mind,
parties and their successors in interest, no cannot testify as to any matter of fact
evidence of such terms other than the occurring before the death of such
contents of the written agreement. deceased person or before such person
became of unsound mind. (20a)
However, a party may present evidence to
modify, explain or add to the terms of 5. Testimonial Knowledge
written agreement if he puts in issue in his
pleading: Section 36. Testimony generally confined
to personal knowledge; hearsay excluded.
(a) An intrinsic ambiguity, mistake or — A witness can testify only to those facts
imperfection in the written which he knows of his personal knowledge;
agreement; that is, which are derived from his own
perception, except as otherwise provided in
(b) The failure of the written these rules. (30a)
agreement to express the true intent
and agreement of the parties thereto; 6. Exceptions To The Hearsay Rule

(c) The validity of the written Section 37. Dying declaration. — The
agreement; or declaration of a dying person, made under

(d) The existence of other terms the consciousness of an impending death,

agreed to by the parties or their may be received in any case wherein his
successors in interest after the death is the subject of inquiry, as evidence
execution of the written agreement. of the cause and surrounding
circumstances of such death. (
The term "agreement" includes wills. (7a)
RULE 131
Section 13. Interpretation according to
circumstances. — For the proper Burden of Proof and Presumptions
construction of an instrument, the
circumstances under which it was made, Section 1. Burden of proof. — Burden of
including the situation of the subject proof is the duty of a party to present
thereof and of the parties to it, may be evidence on the facts in issue necessary to
shown, so that the judge may be placed in establish his claim or defense by the
the position of those who language he is to amount of evidence required by law. (1a,
interpret. (11) 2a)

Section 20. Witnesses; their qualifications. Rule 132

— Except as provided in the next
succeeding section, all persons who can Section 22. How genuineness of
perceive, and perceiving, can make their handwriting proved. — The handwriting of a
known perception to others, may be person may be proved by any witness who
witnesses. believes it to be the handwriting of such
person because he has seen the person
write, or has seen writing purporting to be
20
his upon which the witness has acted or Section 1. Preponderance of evidence,
been charged, and has thus acquired how determined. — In civil cases, the party
knowledge of the handwriting of such having burden of proof must establish his
person. Evidence respecting the case by a preponderance of evidence. In
handwriting may also be given by a determining where the preponderance or
comparison, made by the witness or the superior weight of evidence on the issues
court, with writings admitted or treated as involved lies, the court may consider all the
genuine by the party against whom the facts and circumstances of the case, the
evidence is offered, or proved to be witnesses' manner of testifying, their
genuine to the satisfaction of the judge. intelligence, their means and opportunity of
(23a) knowing the facts to which there are
testifying, the nature of the facts to which
Section 30. Proof of notarial they testify, the probability or improbability
documents. — Every instrument duly of their testimony, their interest or want of
acknowledged or proved and certified as interest, and also their personal credibility
provided by law, may be presented in so far as the same may legitimately appear
evidence without further proof, the upon the trial. The court may also consider
certificate of acknowledgment being prima the number of witnesses, though the
facie evidence of the execution of the preponderance is not necessarily with the
instrument or document involved greater number. (1a)

Section 34. Offer of evidence. — The court Section 2. Proof beyond reasonable
shall consider no evidence which has not doubt. — In a criminal case, the accused is
been formally offered. The purpose for entitled to an acquittal, unless his guilt is
which the evidence is offered must be shown beyond reasonable doubt. Proof
specified. (35 beyond reasonable doubt does not mean
such a degree of proof, excluding possibility
Section 36. Objection. — Objection to of error, produces absolute certainly. Moral
evidence offered orally must be made certainly only is required, or that degree of
immediately after the offer is made. proof which produces conviction in an
unprejudiced mind. (2a)
Objection to a question propounded in the
course of the oral examination of a witness Section 4. Circumstantial evidence, when
shall be made as soon as the grounds sufficient. — Circumstantial evidence is
therefor shall become reasonably apparent. sufficient for conviction if:

An offer of evidence in writing shall be (a) There is more than one

objected to within three (3) days after circumstances;
notice of the unless a different period is
allowed by the court. (b) The facts from which the
inferences are derived are proven;
In any case, the grounds for the objections and
must be specified. (36a)
(c) The combination of all the
Section 40. Tender of excluded circumstances is such as to produce a
evidence. — If documents or things offered conviction beyond reasonable doubt.
in evidence are excluded by the court, the (5)
offeror may have the same attached to or
made part of the record. If the evidence Section 5. Substantial evidence. — In
excluded is oral, the offeror may state for cases filed before administrative or quasi-
the record the name and other personal judicial bodies, a fact may be deemed
circumstances of the witness and the established if it is supported by substantial
substance of the proposed testimony. (n) evidence, or that amount of relevant
evidence which a reasonable mind might
RULE 133 accept as adequate to justify a conclusion.

Weight and Sufficiency of Evidence

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