THIRD DIVISION
IN THE MATTER OF APPLICATION G.R. No. 154598
FOR THE ISSUANCE OF A WRIT OF
HABEAS CORPUSPresent:
Friday, July 15, 2011
RA 4661, shortening the prescriptive period for liber, amending Art. 90 of the Revised Penal Code.
REPUBLIC ACT NO. 4661 - AN ACT SHORTENING THE PRESCRIPTIVE PERIOD FOR LIBEL AND OTHER SIMILAR OFFENSES, AMENDING FOR THE PURPOSE ARTICLE NINETY OF THE REVISED PENAL CODE
SECTION 1. Article ninety of the Revised Penal... Code is hereby amended to read as follows:
"Art. 90. Prescription of crimes. — Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
"Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
"Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.
"The crime of libel or other similar offenses shall prescribe in one year.
"The offenses of oral defamation and slander by deed shall prescribe in six months.
"Light offenses prescribe in two months.
"When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article."
SECTION 2. The provision of this amendatory Act shall not apply to cases of libel already filed in court at the time of approval of this amendatory Act.
SECTION 3. This Act shall take effect upon its approval.
SECTION 1. Article ninety of the Revised Penal... Code is hereby amended to read as follows:
"Art. 90. Prescription of crimes. — Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
"Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
"Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.
"The crime of libel or other similar offenses shall prescribe in one year.
"The offenses of oral defamation and slander by deed shall prescribe in six months.
"Light offenses prescribe in two months.
"When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article."
SECTION 2. The provision of this amendatory Act shall not apply to cases of libel already filed in court at the time of approval of this amendatory Act.
SECTION 3. This Act shall take effect upon its approval.
People vs. Lacson, GR No. 149453, April 1, 2003, Sec. *, Rule 117, Revised Rules of Criminal Procedure.
Lolo Bomboy
In the above case, GR no. 149453, April 1, 20003, it was held: The Court has reviewed the records and has found the contention of the petitioners meritorious.
Section 8, Rule 117 of the Revised Rules of Criminal Procedure reads:
Sec. 8. Provi...sional dismissal. A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party.
The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the order without the case having been revived. With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived.
Having invoked said rule before the petitioners-panel of prosecutors and before the Court of Appeals, the respondent is burdened to establish the essential requisites of the first paragraph thereof, namely:
1. the prosecution with the express conformity of the accused or the accused moves for a provisional (sin perjuicio) dismissal of the case; or both the prosecution and the accused move for a provisional dismissal of the case;
2. the offended party is notified of the motion for a provisional dismissal of the case;
3. the court issues an order granting the motion and dismissing the case provisionally;
4. the public prosecutor is served with a copy of the order of provisional dismissal of the case.
The foregoing requirements are conditions sine qua non to the application of the time-bar in the second paragraph of the new rule. The raison d etre for the requirement of the express consent of the accused to a provisional dismissal of a criminal case is to bar him from subsequently asserting that the revival of the criminal case will place him in double jeopardy for the same offense or for an offense necessarily included therein.[5
Although the second paragraph of the new rule states that the order of dismissal shall become permanent one year after the issuance thereof without the case having been revived, the provision should be construed to mean that the order of dismissal shall become permanent one year after service of the order of dismissal on the public prosecutor who has control of the prosecution6 without the criminal case having been revived. The public prosecutor cannot be expected to comply with the timeline unless he is served with a copy of the order of dismissal.See More
Section 8, Rule 117 of the Revised Rules of Criminal Procedure reads:
Sec. 8. Provi...sional dismissal. A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party.
The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the order without the case having been revived. With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived.
Having invoked said rule before the petitioners-panel of prosecutors and before the Court of Appeals, the respondent is burdened to establish the essential requisites of the first paragraph thereof, namely:
1. the prosecution with the express conformity of the accused or the accused moves for a provisional (sin perjuicio) dismissal of the case; or both the prosecution and the accused move for a provisional dismissal of the case;
2. the offended party is notified of the motion for a provisional dismissal of the case;
3. the court issues an order granting the motion and dismissing the case provisionally;
4. the public prosecutor is served with a copy of the order of provisional dismissal of the case.
The foregoing requirements are conditions sine qua non to the application of the time-bar in the second paragraph of the new rule. The raison d etre for the requirement of the express consent of the accused to a provisional dismissal of a criminal case is to bar him from subsequently asserting that the revival of the criminal case will place him in double jeopardy for the same offense or for an offense necessarily included therein.[5
Although the second paragraph of the new rule states that the order of dismissal shall become permanent one year after the issuance thereof without the case having been revived, the provision should be construed to mean that the order of dismissal shall become permanent one year after service of the order of dismissal on the public prosecutor who has control of the prosecution6 without the criminal case having been revived. The public prosecutor cannot be expected to comply with the timeline unless he is served with a copy of the order of dismissal.See More
13 hours ago ·
Lolo Bomboy
The SC further held in above case GR no. 149453,april 1,2003 that:The Court also agrees with the petitioners contention that no notice of any motion for the provisional dismissal of Criminal Cases Nos. Q-99-81679 to Q-99-81689 or of the hea...ring thereon was served on the heirs of the victims at least three days before said hearing as mandated by Rule 15, Section 4 of the Rules of Court. It must be borne in mind that in crimes involving private interests, the new rule requires that the offended party or parties or the heirs of the victims must be given adequate a priori notice of any motion for the provisional dismissal of the criminal case. Such notice may be served on the offended party or the heirs of the victim through the private prosecutor, if there is one, or through the public prosecutor who in turn must relay the notice to the offended party or the heirs of the victim to enable them to confer with him before the hearing or appear in court during the hearing. The proof of such service must be shown during the hearing on the motion, otherwise, the requirement of the new rule will become illusory. Such notice will enable the offended party or the heirs of the victim the opportunity to seasonably and effectively comment on or object to the motion on valid grounds, including: (a) the collusion between the prosecution and the accused for the provisional dismissal of a criminal case thereby depriving the State of its right to due process; (b) attempts to make witnesses unavailable; or (c) the provisional dismissal of the case with the consequent release of the accused from detention would enable him to threaten and kill the offended party or the other prosecution witnesses or flee from Philippine jurisdiction, provide opportunity for the destruction or loss of the prosecutions physical and other evidence and prejudice the rights of the offended party to recover on the civil liability of the accused by his concealment or furtive disposition of his property or the consequent lifting of the writ of preliminary attachment against his property.
In the case at bar, even if the respondents motion for a determination of probable cause and examination of witnesses may be considered for the nonce as his motion for a provisional dismissal of Criminal Cases Nos. Q-99-81679 to Q-99-81689, however, the heirs of the victims were not notified thereof prior to the hearing on said motion on March 22, 1999. It must be stressed that the respondent filed his motion only on March 17, 1999 and set it for hearing on March 22, 1999 or barely five days from the filing thereof. Although the public prosecutor was served with a copy of the motion, the records do not show that notices thereof were separately given to the heirs of the victims or that subpoenae were issued to and received by them, including those who executed their affidavits of desistance who were residents of Dipolog City or Pian, Zamboanga del Norte or Palompon, Leyte.[24 There is as well no proof in the records that the public prosecutor notified the heirs of the victims of said motion or of the hearing thereof on March 22, 1999. Although Atty. Valdez entered his appearance as private prosecutor,[25 he did so only for some but not all the close kins of the victims, namely, Nenita Alap-ap, Imelda Montero, Margarita Redillas, Rufino Siplon, Carmelita Elcamel, Myrna Abalora, and Leonora Amora who (except for Rufino Siplon)26 executed their respective affidavits of desistance.27 There was no appearance for the heirs of Alex Neri, Pacifico Montero, Jr., and Meleubren Sorronda. There is no proof on record that all the heirs of the victims were served with copies of the resolution of Judge Agnir, Jr. dismissing the said cases. In fine, there never was any attempt on the part of the trial court, the public prosecutor and/or the private prosecutor to notify all the heirs of the victims of the respondents motion and the hearing thereon and of the resolution of Judge Agnir, Jr. dismissing said cases. The said heirs were thus deprived of their right to be heard on the respondents motion and to protect their interests either in the trial court or in the appellate court.
Since the conditions sine qua non for the application of the new rule were not present when Judge Agnir, Jr. issued his resolution, the State is not barred by the time limit set forth in the second paragraph of Section 8 of Rule 117 of the Revised Rules of Criminal Procedure. The State can thus revive or refile Criminal Cases Nos. Q-99-81679 to Q-99-81689 or file new Informations for multiple murder against the respondent.See More
In the case at bar, even if the respondents motion for a determination of probable cause and examination of witnesses may be considered for the nonce as his motion for a provisional dismissal of Criminal Cases Nos. Q-99-81679 to Q-99-81689, however, the heirs of the victims were not notified thereof prior to the hearing on said motion on March 22, 1999. It must be stressed that the respondent filed his motion only on March 17, 1999 and set it for hearing on March 22, 1999 or barely five days from the filing thereof. Although the public prosecutor was served with a copy of the motion, the records do not show that notices thereof were separately given to the heirs of the victims or that subpoenae were issued to and received by them, including those who executed their affidavits of desistance who were residents of Dipolog City or Pian, Zamboanga del Norte or Palompon, Leyte.[24 There is as well no proof in the records that the public prosecutor notified the heirs of the victims of said motion or of the hearing thereof on March 22, 1999. Although Atty. Valdez entered his appearance as private prosecutor,[25 he did so only for some but not all the close kins of the victims, namely, Nenita Alap-ap, Imelda Montero, Margarita Redillas, Rufino Siplon, Carmelita Elcamel, Myrna Abalora, and Leonora Amora who (except for Rufino Siplon)26 executed their respective affidavits of desistance.27 There was no appearance for the heirs of Alex Neri, Pacifico Montero, Jr., and Meleubren Sorronda. There is no proof on record that all the heirs of the victims were served with copies of the resolution of Judge Agnir, Jr. dismissing the said cases. In fine, there never was any attempt on the part of the trial court, the public prosecutor and/or the private prosecutor to notify all the heirs of the victims of the respondents motion and the hearing thereon and of the resolution of Judge Agnir, Jr. dismissing said cases. The said heirs were thus deprived of their right to be heard on the respondents motion and to protect their interests either in the trial court or in the appellate court.
Since the conditions sine qua non for the application of the new rule were not present when Judge Agnir, Jr. issued his resolution, the State is not barred by the time limit set forth in the second paragraph of Section 8 of Rule 117 of the Revised Rules of Criminal Procedure. The State can thus revive or refile Criminal Cases Nos. Q-99-81679 to Q-99-81689 or file new Informations for multiple murder against the respondent.See More
13 hours ago ·
Lolo Bomboy
Finally, the SC in above case, GR No. 149453, april 1, 2003, held:The two-year period fixed in the new rule is for the benefit of both the State and the accused. It should not be emasculated and reduced by an inordinate retroactive applicat...ion of the time-bar therein provided merely to benefit the accused. For to do so would cause an injustice of hardship to the State and adversely affect the administration of justice in general and of criminal laws in particular.
To require the State to give a valid justification as a condition sine qua non to the revival of a case provisionally dismissed with the express consent of the accused before the effective date of the new rule is to assume that the State is obliged to comply with the time-bar under the new rule before it took effect. This would be a rank denial of justice. The State must be given a period of one year or two years as the case may be from December 1, 2000 to revive the criminal case without requiring the State to make a valid justification for not reviving the case before the effective date of the new rule. Although in criminal cases, the accused is entitled to justice and fairness, so is the State. As the United States Supreme Court said, per Mr. Justice Benjamin Cardozo, in Snyder v. State of Massachussetts,58 the concept of fairness must not be strained till it is narrowed to a filament. We are to keep the balance true. In Dimatulac v. Villon,59 this Court emphasized that the judges action must not impair the substantial rights of the accused nor the right of the State and offended party to due process of law. This Court further said:
Indeed, for justice to prevail, the scales must balance; justice is not to be dispensed for the accused alone. The interests of society and the offended parties which have been wronged must be equally considered. Verily, a verdict of conviction is not necessarily a denial of justice; and an acquittal is not necessarily a triumph of justice, for, to the society offended and the party wronged, it could also mean injustice. Justice then must be rendered even-handedly to both the accused, on one hand, and the State and offended party, on the other.See More
To require the State to give a valid justification as a condition sine qua non to the revival of a case provisionally dismissed with the express consent of the accused before the effective date of the new rule is to assume that the State is obliged to comply with the time-bar under the new rule before it took effect. This would be a rank denial of justice. The State must be given a period of one year or two years as the case may be from December 1, 2000 to revive the criminal case without requiring the State to make a valid justification for not reviving the case before the effective date of the new rule. Although in criminal cases, the accused is entitled to justice and fairness, so is the State. As the United States Supreme Court said, per Mr. Justice Benjamin Cardozo, in Snyder v. State of Massachussetts,58 the concept of fairness must not be strained till it is narrowed to a filament. We are to keep the balance true. In Dimatulac v. Villon,59 this Court emphasized that the judges action must not impair the substantial rights of the accused nor the right of the State and offended party to due process of law. This Court further said:
Indeed, for justice to prevail, the scales must balance; justice is not to be dispensed for the accused alone. The interests of society and the offended parties which have been wronged must be equally considered. Verily, a verdict of conviction is not necessarily a denial of justice; and an acquittal is not necessarily a triumph of justice, for, to the society offended and the party wronged, it could also mean injustice. Justice then must be rendered even-handedly to both the accused, on one hand, and the State and offended party, on the other.See More
13 hours ago ·
Rep Act No. 8353, Sept. 30, 1997, Expanding the definition of Crime of Rape
Republic of the Philippines
Congress of the Philippines
Metro Manila
Congress of the Philippines
Metro Manila
Tenth Congress
Republic Act No. 8353 September 30, 1997
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::Section 1. Short Title. - This Act shall be known as "The Anti-Rape Law of 1997."
Section 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:
"Chapter Three
"Rape
"Rape
"Article 266-A. Rape: When And How Committed. - Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise unconscious;
"c) By means of fraudulent machination or grave abuse of authority; and
"d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.
"The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
"l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;
"2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
"3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity;
"4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;
"5) When the victim is a child below seven (7) years old;
"6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;
"7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;
"8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;
"9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
"10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.
"Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.
"Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in this article.
"Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed.
"In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.
"Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A."
Section 3. Separability Clause. - If any part, Sec., or provision of this Act is declared invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid.
Section 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly.
Section 5. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in two (2) newspapers of general circulation.
Approved: September 30, 1997.
Rep Ace No. 8505, Feb 13, 1998
Republic of the Philippines
Congress of the Philippines
Metro Manila
Congress of the Philippines
Metro Manila
Tenth Congress
Republic Act No. 8505 February 13, 1998
AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS, ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::Section 1. Title. - This Act shall be known as the "Rape Victim Assistance and Protection Act of 1998."
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to provide necessary assistance and protection for rape victims. Towards this end, the government shall coordinate its various agencies and non-government organizations to work hand in hand for the establishment and operation of a rape crisis center in every province and city that shall assist and protect rape victims in the litigation of their cases and their recovery.
Section 3. Rape Crisis Center. - The Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of the Interior and Local Government (DILG), the Department of Justice (DOJ), and a lead non-government organization (NGO) with proven track record or experience in handling sexual abuse cases, shall establish in every province and city a rape crisis center located in a government hospital or health clinic or in any other suitable place for the purpose of:
(a) Providing rape victims with psychological counselling, medical and health services, including their medico-legal examination;
(b) Securing free legal assistance or service, when necessary, for rape victims;
(c) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of cases in court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services whenever necessary for the family of rape victims;
(f) Developing and undertaking a training program for law enforcement officers, public prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human rights and responsibilities; gender sensitivity and legal management of rape cases; andalf-1awphi1
(g) Adopting and implementing programs for the recovery of rape victims.
The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis Center.
Section 4. Duty of the Police Officer. - Upon receipt by the police of the complaint for rape, it shall be the duty of the police officer to:
(a) Immediately refer the case to the prosecutor for inquest/investigation if the accused is detained; otherwise, the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
(c) Immediately make a report on the action taken.
It shall be the duty of the police officer or the examining physician, who must be of the same gender as the offended party, to ensure that only persons expressly authorized by the offended party shall be allowed inside the room where the investigation or medical or physical examination is being conducted.
For this purpose, a women's desk must be established in every police precinct throughout the country to provide a police woman to conduct investigation of complaints of women rape victims. In the same manner, the preliminary investigation proper or inquest of women rape victims must be assigned to female prosecutor or prosecutors after the police shall have endorsed all the pertinent papers thereof to the same office.
Section 5. Protective Measures. - At any stage of the investigation, prosecution and trial of a complaint for rape, the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint shall recognize the right to privacy of the offended party and the accused. Towards this end, the police officer, prosecutor, or the court to whom the complaint has been referred may, whenever necessary to ensure fair and impartial proceedings, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial and that the name and personal circumstances of the offended party and/or the accused, or any other information tending to establish their identities, and such circumstances or information on the complaint shall not be disclosed to the public.
The investigating officer or prosecutor shall inform the parties that the proceedings can be conducted in a language or dialect known or familiar to them.
Section 6. Rape Shield. - In prosecutions for rape, evidence of complainant's past sexual conduct, opinion thereof or of his/her reputation shall not be admitted unless, and only to the extent that the court finds, that such evidence is material and relevant to the case.
Section 7. Appropriations. - For the establishment and operation of the rape crisis centers during the first year of implementation of this Act, the amount of One hundred twenty million pesos (P120,000,000.00) shall be charged against the Organizational Adjustment Fund, as follows: Sixty million pesos (P60,000,000.00) for the DSWD; and Twenty million pesos (P20,000,000.00) each for the DOH, DILG, and DOJ, respectively. Thereafter, the necessary amount for the rape crisis centers shall be included in the budgetary allocations for the agencies concerned in the annual General Appropriations Act.
Section 8. Implementing Rules and Regulations. - Within ninety (90) days upon the approval of this Act, all concerned agencies shall formulate rules and regulations as may be necessary for the proper implementation thereof.
Section 9. Separability Clause. - If any part, section or provision of this Act is declared invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid.
Section 10. Repealing Clause. - All laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly.
Section 11. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in at least two (2) newspapers of general circulation.
Approved: February 13, 1998lawphi1™
Thursday, July 14, 2011
syllabus for 2011 bar examinations in Remedial Law
S
YLLABUS FOR 2011 BAR EXAMINATIONSR
EMEDIAL LAWI. General Principles
A. Concept of Remedial Law
B. Substantive Law as Distinguished from Remedial Law
C. Rule-making Power of the Supreme Court
1. Limitations on the rule-making power of the Supreme
Court
2. Power of the Supreme Court to amend and suspend
procedural rules
D. Nature of Philippine Courts
1. Meaning of a court
2. Court as distinguished from a judge
3. Classification of Philippine courts
4. Courts of original and appellate jurisdiction
5. Courts of general and special jurisdiction
6. Constitutional and statutory courts
7. Courts of law and equity
8. Principle of judicial hierarchy
9. Doctrine of non-interference or doctrine of judicial
stability
II. Jurisdiction
A. Jurisdiction over the parties
1. How jurisdiction over the plaintiff is acquired
2. How jurisdiction over the defendant is acquired
B. Jurisdiction over the subject matter
1. Meaning of jurisdiction over the subject matter
2. Jurisdiction versus the exercise of jurisdiction
3. Error of jurisdiction as distinguished from error of
judgment
4. How jurisdiction is conferred and determined
5. Doctrine of primary jurisdiction
6. Doctrine of adherence of jurisdiction
7. Objections to jurisdiction over the subject matter
8. Effect of estoppel on objections to jurisdiction
C. Jurisdiction over the issues
D. Jurisdiction over the
E. Jurisdiction of Courts
1. Supreme Court
2. Court of Appeals
3. Court of Tax Appeals
4. Sandiganbayan
5. Regional Trial Courts
6. Family Courts
7. Metropolitan Trial Courts/Municipal Trial Courts
8.
F. Jurisdiction over small claims, cases covered by the rules on
Summary Procedure and Barangay Conciliation
G. Totality Rule
res or property in litigationShariah CourtsIII. Civil Procedure
A. Actions
1. Meaning of ordinary civil actions
2. Meaning of special civil actions
3. Meaning of criminal actions
4. Civil actions versus Special proceedings
5. Personal actions and real actions
6. Local and transitory actions
7. Actions
in rem, in personam and quasi in remB. Cause of Action
1. Meaning of cause of action
2. Right of Action versus Cause of action
3. Failure to state a cause of action
4. Test of the sufficiency of a cause of action
5. Splitting a single cause of action and its effects
6. Joinder and misjoinder of causes of action
C. Parties to Civil Actions
1. Real Parties in interest; Indispensable parties;
Representatives as parties; Necessary parties; Indigent
Parties; Alternative defendants
2. Compulsory and permissive joinder of parties
3. Misjoinder and non-joinder of parties
4. Class Suit
5. Suits against entities without juridical personality
6. Effect of death of party litigant
D. Venue
1. Venue versus Jurisdiction
2. Venue of real actions
3. Venue of personal actions
4. Venue of actions against non-residents
5. When the Rules on Venue Do not Apply
6. Effects of Stipulations on Venue
E. Pleadings
1. Kinds of Pleadings
a. Complaint
b. Answer
(1) Negative defenses
(2) Negative pregnant
(3) Affirmative Defenses
c. Counterclaims
(1) Compulsory counterclaim
(2) Permissive counterclaim
(3) Effect on the Counterclaim when the
complaint is dismissed
d. Cross-claims
e. Third (fourth, etc.) party complaints
f. Complaint-in-intervention
g. Reply
2. Pleadings allowed in small claim cases and cases
covered by the rules on summary procedure
3. Parts of a pleading
a. Caption
b. Signature and address
c. Verification and certification against forumshopping
(1) Requirements of a corporation executing the
verification/certification of non-forum
shopping
d. Effect of the signature of counsel in a pleading
4. Allegations in a pleading
a. Manner of making allegations
(1) Condition precedent
(2) Fraud, mistake, malice, intent, knowledge and
other condition of the mind, judgments, official
documents or acts
b. Pleading an actionable document
c. Specific denials
(1) Effect of failure to make specific denials
(2) When a specific denial requires an oath
5. Effect of failure to plead
1. Failure to plead defenses and objections
2. Failure to plead a compulsory counterclaim and
cross-claim
6. Default
a. When a declaration of default is proper
b. Effect of an order of default
c. Relief from an order of default
d. Effect of a partial default
e. Extent of relief
f. Actions where default are not allowed
7. Filing and Service of pleadings
I. Payment of docket fees
II. Filing versus service of pleadings
III. Periods of filing of pleadings
IV. Manner of filing
V. Modes of service
(1) Personal service
(2) Service by mail
(3) Substituted service
(4) Service of judgments, final orders or
resolutions
(5) Priorities in modes of service and filing
(6) When service is deemed complete
(7) Proof of filing and service
8. Amendment
a. Amendment as a matter of right
b. Amendments by leave of court
c. Formal amendment
d. Amendments to conform to or authorize
presentation of evidence
e. Different from supplemental pleadings
f. Effect of amended pleading
F. Summons
1. Nature and purpose of summons in relation to actions
in personam
, in rem and quasi in rem2. Voluntary appearance
3. Personal service
4. Substituted service
5. Constructive service (by publication)
a. Service upon a defendant where his identity is
unknown or where his whereabouts are unknown
b. Service upon residents temporarily outside the
Philippines
6. Extra-territorial service, when allowed
7. Service upon prisoners and minors
8. Proof of service
G. Motions
1. Motions in general
a. Definition of a motion
b. Motions versus pleadings
c. Contents and form of motions
d. Notice of hearing and hearing of motions
e. Omnibus motion rule
f. Litigated and
g. Pro-forma motions
2. Motions for Bill of Particulars
a. Purpose and when applied for
b. Actions of the court
c. Compliance with the order and effect of noncompliance
d. Effect on the period to file a responsive pleading
3. Motion to Dismiss
a. Grounds
b. Resolution of Motion
c. Remedies of plaintiff when the complaint is
dismissed
d. Remedies of the defendant when the motion is
denied
e. Effect of dismissal of complaint on certain grounds
f. When grounds pleaded as affirmative defenses
g. Bar by dismissal
h. Distinguised from demurrer to evidence under Rule
33
H. Dismissal of Actions
1. Dismissal upon notice by plaintiff; Two-dismissal rule
2. Dismissal upon motion by plaintiff; effect on existing
counterclaim
3. Dismissal due to the fault of plaintiff
4. Dismissal of counterclaim, cross-claim or third-party
complaint
I. Pre-trial
1. Concept of pre-trial
2. Nature and purpose
3. Notice of pre-trial
4. Appearance of parties; effect of failure to appear
5. Pre-trial brief; effect of failure to appear
6. Distinction between pre-trial in civil case and pre-trial
in criminal case
7. Alternative Dispute Resolution (ADR)
J. Intervention
1. Requisites for intervention
2. Time to intervene
3. Remedy for the denial of motion to intervene
K. Subpoena
1. Subpoena
ex parte motionsduces tecum2. Subpoena
ad testificandum3. Service of subpoena
4. Compelling attendance of witnesses; Contempt
5. Quashing of subpoena
L. Modes of Discovery
1. Depositions pending action; Depositions before
action or pending appeal
a. Meaning of deposition
b. Uses; Scope of examination
c. When may objections to admissibility be made
d. When may taking of deposition be terminated or
its scope limited
2. Written interrogatories to adverse parties
a. Consequences of refusal to answer
b. Effect of failure to serve written interrogatories
3. Request for Admission
a. Implied admission by adverse party
b. Consequences of failure to answer request for
admission
c. Effect of admission
d. Effect of failure to file and serve request for
admission
4. Production or inspection of documents or things
5. Physical and mental examination of persons
6. Consequences of refusal to comply with modes of
discovery
M. Trial
1. Adjournments and postponements
2. requisites of motion to postpone trial
a. for absence of evidence
b. for illness of party or counsel
3. Agreed statement of facts
4. Order of trial; reversal of order
5. Consolidation or Severance of hearing or trial
6. Delegation of reception of evidence
7. Trial by commissioners
a. Reference by consent or ordered on motion
b.Powers of the commissioner
c.Commissioner’s report; notice to parties and
hearing on the report
N. Demurrer to Evidence
1. Ground
2. Effect of denial
3. Effect of grant
4. Waiver of right to present evidence
5. Demurrer to evidence in a civil case versus demurrer
to evidence in a criminal case
O. Judgments and Final Orders
1. Judgment without trial
2. Contents of a judgment
3. Judgment on the pleadings
4. Summary judgments
a. for the claimant
b. for the defendant
c. when the case not fully adjudicated
d. affidavits and attachments
5. Judgment on the pleadings versus summary
judgments
6. Rendition of judgments and final orders
7. Entry of judgment and final order
P. Post Judgment Remedies
1. Motion for New Trial or reconsideration
a. Grounds
b. When to file
c. Denial of the motion; effect
d. Grant of the motion; effect
e. Remedy when motion is denied, Fresh 15-day
period rule
2. Appeals in General
a. Judgments and final orders subject to appeal
b. Matters not appealable
c. Remedy against judgments and orders which are
not appealable
d. Modes of appeal
(1) Ordinary appeal
(2) Petition for review
(3) Petition for review on
certiorarie. Issues to be raised on appeal
f. Period of appeal
g. Perfection of appeal
h. Appeal from judgments or final orders of the MTC
i. Appeal from judgments or final orders of the RTC
j. Appeal from judgments or final orders of the CA
k. Appeal from judgments or final orders of the
CTA
l. Review of final judgments or final orders of the
COA
m. Review of final judgments or final orders of the
COMELEC
n. Review of final judgments or final orders of the
CSC
o. Review of final judgments or final orders of the
Ombudsman
p. Review of final judgments or final orders of the
NLRC
q. Review of final judgments or final orders of
quasi-judicial agencies
3. Relief from judgments, orders and other proceedings
a. Grounds for availing of the remedy
b. Time to file petition
c. Contents of petition
4. Annulment of Judgments or final orders and
resolutions
a. Grounds for annulment
b. Period to file action
c. Effects of judgment of annulment
5. Collateral attack of judgments
Q. Execution, Satisfaction and Effect of Judgments
1. Difference between finality of judgment for
purposes of appeal; for purposes of execution
2. When execution shall issue
a. Execution as a matter of right
b. Discretionary execution
3. How a judgment is executed
a. Execution by motion or by independent action
b. Issuance and contents of a writ of execution
c. Execution of judgments for money
d. Execution of judgments for specific acts
e. Execution of special judgments
f. Effect of levy on third persons
4. Properties exempt from execution
5. Proceedings where property is claimed by third
persons
a. in relation to third party claim in attachment and
replevin
6. Rules on Redemption
7. Examination of Judgment Obligor When Judgment
is unsatisfied
8. Examination of Obligor of Judgment Obligor
9. Effect of Judgment or Final Orders
10. Enforcement and Effect of Foreign Judgments or
Final Orders
R. Provisional Remedies
1. Nature of provisional remedies
2. Jurisdiction over provisional remedies
3. Preliminary Attachment
a. Grounds for issuance of writ of attachment
b. Requisites
c. Issuance and contents of order of attachment;
affidavit and bond
d. Rule on prior or contemporaneous service of
summons
e. Manner of attaching real and personal property;
when property attached is claimed by third
person
f. Discharge of attachment and the counter-bond
g. Satisfaction of judgment out of property
attached
4. Preliminary Injunction
a. Definitions and Differences: Preliminary
Injunction and Temporary Restraining Order
b. Requisites
c. Kinds of Injunction
d. When writ may be issued
e. Grounds for issuance of preliminary injunction
f. Grounds for objection to, or for the dissolution
of injunction or restraining order
g. Duration of TRO
h. In relation to RA 8975, Ban on issuance of TRO
or Writ of Injunction in cases involving
government infrastructure projects
i. Rule on prior or contemporaneous service of
summons in relation to attachment
5. Receivership
a. Cases when receiver may be appointed
b. Requisites
c. Requirements before issuance of an Order
d. General powers of a receiver
e. Two (2) kinds of bonds
f. Termination of receivership
6. Replevin
a. When may writ be issued
b. Requisites
c. Affidavit and bond; Redelivery Bond
d. Sheriff’s duty in the implementation of the writ;
when property is claimed by third party
S. Special Civil Actions
1. Nature of special civil actions
2. Ordinary civil actions versus special civil actions
3. Jurisdiction and venue
4. Interpleader
a. Requisites for interpleader
b. When to file
5. Declaratory Reliefs and Similar Remedies
a. Who may file the action
b. Requisites of action for declaratory relief
c. When court may refuse to make judicial
declaration
d. Conversion to ordinary action
e. Proceedings considered as similar remedies
A. Reformation of an instrument
B. Consolidation of ownership
C. Quieting of title to real property
6. Review of Judgments and Final Orders or
Resolution of the COMELEC and COA
a. Application of Rule 65 under Rule 64
b. Distinction in the application of Rule 65 to
judgments of the COMELEC and COA and
the application of Rule 65 to other tribunals,
persons and officers
7.
Certiorari, Prohibition and Mandamusa. Definitions and distinctions
b. Requisites
c. When petition for
certiorari, prohibition andmandamus
d. Injunctive relief
e.
is properCertiorari distinguished from Appeal byCertiorari
; Prohibition and Mandamusdistinguished from Injunction; when and
where to file petition
f. Exceptions to filing of motion for
reconsideration before filing petition
g. Reliefs petitioner is entitled to
h. Actions/Omissions of MTC/RTC in election
cases
i. Where to file petition
j. Effects of filing of an unmeritorious petition
8.
Quo Warrantoa. Distinguish from
Omnibus Election Code
b. When government commence an action
against individuals
c. When individual may commence an action
d. Judgment in
e. Rights of a person adjudged entitled to public
office
9. Expropriation
a. Matters to allege in complaint for
expropriation
b. Two stages in every action for expropriation
c. When plaintiff can immediately enter into
possession of the real property, in relation to
RA 8974
d. New system of immediate payment of initial
just compensation
e. Defenses and objections
f. Order of Expropriation
g. Ascertainment of just compensation
h. Appointment of Commissioners;
Commissioner’s report; Court action upon
commissioner’s report
i. Rights of plaintiff upon judgment and
payment
j. Effect of recording of judgment
10. Foreclosure of Real Estate Mortgage
a. Judgment on foreclosure for payment or sale
b. Sale of mortgaged property; effect
c. Disposition of proceeds of sale
d. Deficiency judgment
(1) Instances when court cannot render
deficiency judgment
e. Judicial foreclosure versus extrajudicial foreclosure
f. Equity of redemption versus right of redemption
11. Partition
a. Who may file complaint; who should be
made defendants
b. Matters to allege in the complaint for
partition
c. Two (2) stages in every action for partition
d. Order of partition and partition by agreement
e. Partition by commissioners; Appointment of
commissioners, Commissioner’s report;
Court action upon commissioner’s report
f. Judgment and its effects
g. Partition of personal property
h. Prescription of action
12. Forcible Entry and Unlawful Detainer
a. Definitions and Distinction
Quo Warranto in theQuo Warranto actionb.
Distinguished from accion publiciana andaccion reinvindicatoria
c.
publiciana
How to determine jurisdiction in accionand accion reinvindicatoriad. Who may institute the action and when;
against whom the action may be maintained
e. Pleadings allowed
f. Action on the complaint
g. When demand is necessary
h. Preliminary injunction and preliminary
mandatory injunction
i. Resolving defense of ownership
j. How to stay the immediate execution of
judgment
k. Summary procedure, prohibited pleadings
13. Contempt
a. Kinds of contempt
b. Purpose and nature of each
c. Remedy against direct contempt; penalty
d. Remedy against indirect contempt; penalty
e. How contempt proceedings are commenced
f. Acts deemed punishable as indirect contempt
g. When imprisonment shall be imposed
h. Contempt against quasi-judicial bodies
IV. Special Proceedings
A. Settlement of Estate of Deceased Persons, Venue and
Process
1. Which court has jurisdiction
2. Venue in judicial settlement of estate
3. Extent of jurisdiction of Probate Court
4. Powers and Duties of Probate Court
B. Summary Settlement of Estates
1. Extrajudicial settlement by agreement between heirs,
when allowed
2. Two-year prescriptive period
3. Affidavit of Self-adjudication by sole heir
4. Summary settlement of estates of small value, when
allowed
5. Remedies of aggrieved parties after extra-judicial
settlement of estate
C. Production and Probate of Will
1. Nature of probate proceeding
2. Who may petition for probate; persons entitled to
notice
D. Allowance or Disallowance of Will
1. Contents of petition for allowance of will
2. Grounds for disallowing a will
3. Reprobate; Requisites before will proved outside
allowed in the Philippines; effects of probate
E. Letters Testamentary and of Administration
1. When and To whom letters of administration granted
2. Order of preference
3. Opposition to issuance of letters testamentary;
simultaneous filing of petition for administration
4. Powers and duties of Executors and Administrators;
restrictions on the powers
5. Appointment of Special Administrator
6. Grounds for removal of administrator
F. Claims Against the Estate
1. Time within which claims shall be filed; exceptions
2. Statute of Non-claims
3. Claim of Executor or administrator against the Estate
4. Payment of Debts
G. Actions by and against Executors and Administrators
1. Actions that may be brought against executors and
administrators
2. Requisites before creditor may bring an action for
recovery of property fraudulently conveyed by the
deceased
H. Distribution and Partition
1. Liquidation
2. Project of Partition
3. Remedy of an heir entitled to residue but not given
his share
4. Instances when probate court may issue writ of
execution
I. Trustees
1. Distinguished from executor/administrator
2. Conditions of the Bond
3. Requisites for the removal and resignation of a trustee
4. Grounds for removal and resignation of a trustee
5. Extent of authority of trustee
J. Escheat
1. When to file
2. Requisites for filing of petition
3. Remedy of respondent against petition; period for
filing a claim
K. Guardianship
1. General powers and duties of guardians
2. Conditions of the bond of the guardian
3. Rule on Guardianship over minor
L. Adoption
1. Distinguish domestic adoption from inter-country
adoption
2. Domestic Adoption Act
a. effects of adoption
b. instances when adoption may be rescinded
c. effects of rescission of adoption
3. Inter-country Adoption
a. when allowed
b. functions of the RTC
c. “best interest of the minor” standard
M. Writ of
Habeas Corpus1. Contents of the petition
2. Contents of the Return
3. Distinguish peremptory writ from preliminary
citation
4. When not proper/applicable
5. When writ disallowed/discharged
6. Distinguish from writ of
Amparo and Habeas Data7. Rules on Custody of Minors and Writ of
Corpus
03-04-04-SC)
N.
1. Coverage
2. Distinguish from habeas corpus and habeas data
3. Differences between Amparo and search warrant
4. Who may file
5. Contents of return
6. Effects of failure to file return
7. Omnibus waiver rule
8. Procedure for hearing
9. Institution of separate action
10. Effect of filing of a criminal action
11. Consolidation
12. Interim reliefs available to petitioner and respondent
13. Quantum of proof in application for issuance of writ
of
Habeasin Relation to Custody of Minors (AM No.Writ of Amparo (AM No. 07-9-12-SC)AmparoO. Writ of
1. Scope of writ
2. Availability of writ
3. Distinguish from
Habeas Data (AM No. 08-1-16-SC)Habeas Corpus and Amparo4. Who may file
5. Contents of the petition
6. Contents of return
7. Instances when petition be heard in chambers
8. Consolidation
9. Effect of filing of a criminal action
10. Institution of separate action
11. Quantum of proof in application for issuance of writ
of
AmparoP. Change of Name
1. Differences under Rule 103, RA 9048 and Rule 108
2. Grounds for change of name
Q. Absentees
1. Purpose of the Rule
2. Who may file; when to file
R. Cancellation or Correction of Entries in the Civil Registry
1. Entries subject to cancellation or correction under
Rule 108, in relation to RA 9048
S. Appeals in Special Proceeding
1. Judgments and orders for which appeal may be taken
2. When to appeal
3. Modes of appeal
4. Rule on Advance Distribution
V. Criminal Procedure
A. General Matters
1. Distinguish Jurisdiction over subject matter from
jurisdiction over person of the accused
2. Requisites for exercise of criminal jurisdiction
3. Jurisdiction of Criminal courts
4. When injunction may be issued to restrain criminal
prosecution
B. Prosecution of Offenses
1. Criminal actions, how instituted
2. Who may file them, crimes that cannot be
prosecuted
de officio3. Criminal actions, when enjoined
4. Control of prosecution
5. Sufficiency of Complaint or Information
6. Designation of Offense
7. Cause of the Accusation
8. Duplicity of the Offense; Exception
9. Amendment or Substitution of complaint or
information
10. Venue of criminal actions
11. Intervention of offended party
C. Prosecution of Civil Action
1. Rule on implied institution of civil action with
criminal action
2. When civil action may proceed independently
3. When separate civil action is suspended
4. Effect of the death of accused or convict on civil
action
5. Prejudicial Question
6. Rule on Filing Fees in civil action deemed
instituted with the criminal action
D. Preliminary Investigation
1. Nature of right
2. Purposes of preliminary investigation
3. Who may conduct determination of existence of
probable cause
4. Resolution of investigation prosecutor
5. Review
6. When warrant of arrest may issue
7. Cases not requiring a preliminary investigation
8. Remedies of accused if there was no preliminary
investigation
9. Inquest
E. Arrest
1. Arrest, how made
2. Arrest without warrant, when lawful
3. Method of arrest
a. by officer with warrant
b. by officer without warrant
c. by private person
4. Requisites of a valid warrant of arrest
5. Determination of Probable Cause for issuance of
warrant of arrest
6. Distinguish probable cause of fiscal from that of a
judge
F. Bail
1. Nature
2. When a matter of right; exceptions
3. When a matter of discretion
4. Hearing of application for bail in capital offenses
5. Guidelines in fixing amount of bail
6. Bail when not required
7. Increase or Reduction of Bail
8. Forfeiture and Cancellation of bail
9. Application not a bar to objections in illegal arrest,
lack of or irregular preliminary investigation
10. Hold Departure Order & Bureau of Immigration
Watchlist
G. Rights of the Accused
1. Rights of accused at the trial
2. Rights of persons under Custodial Investigation
H. Arraignment and Plea
1. Arraignment and Plea, how made
2. When should plea of NOT GUILTY be entered
3. When may accused enter a plea of guilty to a lesser
offense
4. Accused plead guilty to capital offense, what the
court should do
5. Searching Inquiry
6. Improvident plea
7. Grounds for suspension of arraignment
I. Motion to Quash
1. Grounds
2. Distinguish from demurrer to evidence
3. Effects of sustaining the motion to quash
4. Exception to the rule that sustaining the motion is
not a bar to another prosecution
5. Double Jeopardy
6. Provisional Dismissal
J. Pre-trial
1. Matters to be considered during pre-trial
2. What the court should do when prosecution and
offended party agree to the plea offered by the
accused
3. Pre-trial agreement
4. Non-appearance during pre-trial
5. Pre-trial order
6. Referral of some cases for Court Annexed
Mediation and Judicial Dispute Resolution
K. Trial
1. Instances when presence of accused is required by
law
2. Requisite before trial can be suspended on account
of absence of witness
3. Trial in
Absentia4. Remedy when accused is not brought to trial
within the prescribed period
5. Requisites for discharge of accused to become a
state witness
6. Effects of Discharge of accused as state witness
7. Demurrer to Evidence
L. Judgment
1. Requisites of a judgment
2. Contents of Judgment
3. Promulgation of judgment; instances of
promulgation of judgment in
absentia4. When does judgment become final (four instances)
M. New Trial or Reconsideration
1. Grounds for New Trial
2. Grounds for Reconsideration
3. Requisites before a new trial may be granted on
ground of newly discovered evidence
4. Effects of granting a new trial or reconsideration
5. Application of
N. Appeal
1. Effect of an Appeal
2. Where to appeal
3. How appeal taken
4. Effect of appeal by any of several accused
5. Grounds for dismissal of appeal
O. Search and Seizure
1. Nature of search warrant
2. Distinguish from warrant of arrest
3. Application for search warrant, where filed
4. Probable Cause
5. Personal examination by judge of the applicant and
witnesses
6. Particularity of place to be searched and things to
be seized
7. Personal property to be seized
8. Exceptions to search warrant requirement
a. Search incidental to lawful arrest
b. Consented Search
c. Search of moving vehicle
d. Check points; body checks in airport
e. Plain view situation
f. Stop and Frisk situation
g. Enforcement of Custom Laws
9. Remedies from unlawful search and seizure
P. Provisional Remedies
1. Nature
2. Kinds of provisional remedies
Neypes Doctrine in Criminal CasesVI. Evidence
A. General Principles
1. Concept of Evidence
2. Scope of the Rules of Evidence
3. Evidence in Civil Cases Versus Evidence in
Criminal Cases
4. Proof Versus Evidence
5. Factum Probans Versus Factum Probandum
6. Admissibility of Evidence
a. Requisites for admissibility of evidence
b. Relevance of evidence and collateral matters
c. Multiple admissibility
d. Conditional admissibility
e. Curative admissibility
f. Direct and circumstantial evidence
g. Positive and negative evidence
h. Competent and credible evidence
7. Burden of Proof and Burden of Evidence
8. Presumptions
a. Conclusive presumptions
b. Disputable presumptions
9. Liberal Construction of the Rules of Evidence
10. Quantum of Evidence (Weight And Sufficiency of
Evidence)
a. Proof beyond reasonable doubt
b. Preponderance of evidence
c. Substantial evidence
d. Clear and convincing evidence
B. Judicial Notice and Judicial Admissions
1. What Need Not be Proved
2. Matters of Judicial Notice
a. Mandatory
b. Discretionary
3. Judicial Admissions
a. Effect of judicial admissions
b. How judicial admissions may be contradicted
4. Judicial Notice of Foreign Laws, Law of Nations
and Municipal Ordinance
C. Object (Real) Evidence
1. Nature of Object Evidence
2. Requisites for Admissibility
3. Categories of Object Evidence
4. Demonstrative Evidence
5. View of an Object or Scene
6. Chain of Custody in Relation to Section 21 of the
Comprehensive Dangerous Drugs Act of 2002
7. Rule on DNA Evidence (A.M. No. 06-11-5-SC)
a. Meaning of DNA
b. Applicable for DNA testing order
c. Post-conviction DNA testing; remedy
d. Assessment of probative value of DNA
evidence and admissibility
e. Rules on evaluation of reliability of the
DNA testing Methodology
D. Documentary Evidence
1. Meaning of Documentary Evidence
2. Requisites for Admissibility
3. Best Evidence Rule
a. Meaning of the rule
b. When applicable
c. Meaning of original
d. Requisites for introduction of secondary
evidence
4. Rules on Electronic Evidence (A.M. No. 01-7-01-
SC)
a. Meaning of electronic evidence; electronic
data massage
b. Probative value of electronic documents or
evidentiary weight; method of proof
c. Authentication of electronic documents and
electronic signatures
d. Electronic documents and the hearsay rule
e. Audio, photographic, video and ephemeral
evidence
5. Parol Evidence Rule
a. Application of the parol evidence rule
b. When parole evidence can be introduced
c. Distinctions between the best evidence rule
and parol evidence rule
6. Authentication and Proof of Documents
a. Meaning of authentication
b. Public and private documents
c. When a private writing requires
authentication; proof of a private writing
d. When evidence of authenticity of a private
writing is not required (ancient documents)
e. How to prove genuineness of a handwriting
f. Public documents as evidence; proof of
official record
g. Attestation of a copy
h. Public record of a public document
i. Proof of lack of record
j. How a judicial record is impeached
k. Proof of notarial documents
l. How to explain alterations in a document
m. Documentary evidence in an unofficial
language
E. Testimonial Evidence
1. Qualifications of a Witness
2. Competency Versus Credibility of a Witness
3. Disqualifications of Witnesses
a. Disqualification by reason of mental
capacity or immaturity
b. Disqualification by reason of marriage
c. Disqualification by reason of death or
insanity of adverse party
d. Disqualification by reason of privileged
communications
(1) Husband and wife
(2) Attorney and client
(3) Physician and patient
D. Priest and penitent
E. Public officers
e. Parental and filial privilege rule
4. Examination of a Witness
a. Rights and obligations of a witness
b. Order in the examination of an individual
witness
(1) Direct examination
(2) Cross examination
(3) Re-direct examination
(4) Re-cross examination
(5) Recalling the witness
c. Leading and misleading questions
d. Methods of impeachment of adverse
party’s witness
e. How the witness is impeached by evidence
of inconsistent statements (laying the
predicate)
VI. Evidence of the good character of a witness
5. Admissions and Confessions
a.
b. Admission by a party
c. Admission by a third party
d. Admission by a co-partner or agent
e. Admission by a conspirator
f. Admission by privies
g. Admission by silence
h. Confessions
i. Similar acts as evidence
6. Hearsay Rule
a. Meaning of hearsay
b. Reason for exclusion of hearsay evidence
c. Exceptions to the hearsay rule
(1) Dying declaration
(2) Declaration against interest
(3) Act or declaration about pedigree
(4) Family reputation or tradition regarding
pedigree
E. Common reputation
Res inter alios acta ruleF.
Part of the res gestaeG. Entries in the course of business
H. Entries in official records
I. Commercial lists and the like
J. Learned treaties
K. Testimony or deposition at a former trial
7. Opinion Rule
a. Opinion of expert witness
b. Opinion of ordinary witness
8. Character Evidence
a. Criminal cases
b. Civil cases
9. Rule on Examination of a Child Witness (A.M. No.
004-07-SC)
a. Applicability of the rule
b. Meaning of “child witness”
c. Competency of a child witness
d. Examination of a child witness
e. Live-link TV testimony of a child witness
f. Videotaped deposition of a child witness
g. Hearsay exception in child abuse cases
h. Sexual abuse shield rule
i. Protective orders
F. Offer and Objection
1. Offer of Evidence
2. When to Make an Offer
3. Objection
4. Repetition of an Objection
5. Ruling
6. Striking Out of an Answer
7. Tender of Excluded Evidence
G. Supreme Court Rulings as of December 2010
VII. Revised Rules on Summary Procedure
A. Cases covered by the Rule
B. Effect of failure to answer
C. Preliminary conference and appearances of parties
VIII.
Katarungang PambarangayA. Cases covered
B. Subject matter for amicable settlement
C. Venue
D. When parties may directly go to court
E. Execution
F. Repudiation
IX. Rule of Procedure for Small Claims Cases (AM No. 08-8-7-
SC)
A. Scope and applicability of the Rule
B. Commencement of small claims action; Response
C. Prohibited pleadings and motions
D. Appearances
E. Hearing; duty of the judge
F. Finality of judgment
X. Rules of Procedure for Environmental Cases (AM No. 09-6-
8-SC)
A. Scope and Applicability of the Rule
B. Civil Procedure
1. Prohibition against Temporary Restraining Order
and Preliminary Injunction
2. Pre-trial Conference; Consent Decree
3. Prohibited Pleadings and Motions
4. Temporary Environmental Protection Order
(TEPO)
5. Judgment and Execution; Reliefs in a citizen’s suit
6. Permanent Environmental Protection Order; Writ
of continuing mandamus
7. Strategic Lawsuit against Public Participation
C. Special Proceedings
1. Writ of
Kalikasan2. Prohibited pleadings and motions
3. Discovery measures
4. Writ of Continuing
MandamusD. Criminal Procedure
1. Who may file
2. Institution of criminal and civil action
3. Arrest without warrant, when valid
4. Procedure in the custody and disposition of seized
items
5. Bail
6. Arraignment and Plea
7. Pre-trial
8. Subsidiary liabilities
E. Evidence
1. Precautionary principle
2. Documentary evidence
IMPORTANT NOTE:
used by law schools as a syllabus or course outline in the covered subjects. It has been
drawn up for the limited purpose of ensuring that candidates reviewing for the bar
examinations are guided on what basic and minimum amounts of laws, doctrines, and
principles they need to know and be able to use correctly before they can be licensed to
practice law. More is required for excellent and distinguished work as members of the
Bar.This bar coverage description is not intended and should not be
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90. Prescription of crime.Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years. Crimes punishable by other ...
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