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THAT IN ALL THINGS, GOD MAY BE GLORIFIED

BASED ON JUDGE ALBANOS NOTES:

CIVIL PROCEDURE:

Distinctions between jurisdiction and venue.

JU!SD!"T!ON #ENUEthe authority to hear and determine a case the place or geographic location where the

case is to be heard or tried / deals with locality

matter of substantivelaw

matter of procedural law

fixed by law andcannot be conferred by the parties

may be conferred or agreed upon by theparties

cannot be waived except jurisdiction over theperson

waivable

establishes a relation between the court andthe subject matter

establishes a relation between the plaintiff andthe defendant

limitation on the plaintiff limitation on the courtdeals w/ substance deals w/ convenience

E$a%&'es o( action w)ic) are ca&ab'e o( &ecuniar* esti%ation.

1. Action for specific performance to execute a deed of assignment of shares of stocks (N!vs. !A" #$#$%%&

#. Action to annul sale of corporate stock (!olarina vs. !A" #$#'$%%&. Action for declaration of nullity of partition ()ussel vs. *estil" $1+$%%&

A was i%&'eaded as de(endant in a co''ection suit. +e was not served wit) su%%ons.Law*er B a&&eared (or A on t)e tria' o( t)e case wit)out an* aut)orit* (ro% A. Did t)e

court ac,uire jurisdiction over t)e &erson o( A-

No. As regards the alleged appearance of a lawyer in behalf of the petitioner during theproceedings in the trial court" the same cannot be considered as the voluntary appearancecontemplated by the rules. ,here is no document vesting authority in the lawyer who purportedlyrepresented A appears on record. At the pre$trial" for instance" the rules re-uire that the party$litigant himself must appear for pre$trial but if he chooses to be represented thereat" he shouldgrant a special power of attorney to his counsel or representative. (Ang ing vs. !A" uly 1'"1%%%&

)at is t)e test to deter%ine i( an action is ca&ab'e o( &ecuniar* esti%ation-

0n determining whether an action is one the subject matter of which is not capable ofpecuniary estimation this !ourt has adopted the criterion of first ascertaining the nature of theprincipal action or remedy sought. 0f it is primarily for the recovery of a sum of money" the claimis considered capable of pecuniary estimation" and whether jurisdiction is in the ,!s or in the),!s would depend on the amount of the claim. 2owever" where the basic issue is somethingother than the right to recover a sum of money" or where the money claim is purely incidental to"or a conse-uence of" the principal relief sought" this !ourt has considered such actions ascases where the subject of the litigation may not be estimated in terms of money" and arecogni3able exclusively by regional trial courts. ()aymundo vs. !A" #1 !)A 4'+&

)at is t)e di((erence between &etition (or issuance o( writ &re'i%inar* injunction and a&etition (or injunction-

etition for issuance of writ of preliminary injunction is only a provisional remedy. 0t

cannot stand on its own without a main action" therefore" the court does not ac-uire jurisdictionover the action.

etition for injunction is a main action which can stand on its own. !ourt ac-uiresjurisdiction.

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)at is t)e reason w)* t)e court retains jurisdiction even a(ter t)e order o( &artition isissued-

,he order is not yet final because it leaves something to be done like5a. appointment of commissionerb. determination of compensation by commissioner

c. submission of reportd. hearing on approval of report

)at court )as jurisdiction in )abeas cor&us &roceedin0 invo'vin0 custod* o( c)i'dren-

,he 6amily !ourts under )A 78% which impliedly repealed 9 1#% and )A +%:#. )A78% provides for exclusive jurisdiction of 6amily !ourts.

/edro is a 'essee o( Juan. Due to (ai'ure o( /edro to &a* t)e renta's3 Juan (i'ed aco%&'aint wit) t)e Lu&on w)ic) issued a certi(ication to (i'e action. Juan (i'ed anUn'aw(u' Detainer case wit) t)e 4T". T)e 4T" dis%issed t)e case. !s t)e dis%issa'&ro&er-

;es. ,he one year period within which to file the unlawful detainer case is determinedfrom the time of the demand to vacate and pay or comply with the conditions of the lease. ,hecertification to file action by the

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)at is t)e di((erence between substituted service o( &'eadin0s in u'e 18 (ro%substituted service o( su%%ons in u'e 19-

@nder ec. 7" )ule 1" substituted service is made by delivering the copy to the clerk ofcourt with proof of failure of both personal service and service by mail.

@nder ec. +" )ule 14" substituted service is made by leaving copies of the summons atthe defendants residence with some person of suitable age and discretion then residing thereinor by leaving the copies at defendants office or regular place of business with some competentperson in charge thereof. ,his service may be availed if personal service is not possible.

)at is t)e o%nibus %otion ru'e-

,his means that a motion attacking a pleading" order" judgment" or proceeding shallinclude all objections then available" and all objections not so included shall be deemed waived.,his is without prejudice to the provisions of ec. 1" )ule % which provides for the non$waivabledefenses such as lack of jurisdiction over the subject matter" litis pendentia" res judicata" andprescription.

)en is a %otion to dis%iss (i'ed-

9efore filing of answer" not after. Bxceptions5 lack of jurisdiction over subject matter"prescription" litis pendentia" res judicata" complaint does not state a cause of action" and groundis discovered during trial. (Cuiaoit" vs. !onsolacion + !)A #:7&

)at is %eant b* t)e two;dis%issa' ru'e

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= )as an i''e0iti%ate c)i'd >. )en = died3 > was not reco0ni?ed b* =. !n t)e sett'e%ent o(t)e estate o( =3 > (i'ed a %otion (or intervention. S)ou'd t)e %otion be 0ranted-

No. ; has no material or direct interest in the estate of his putative father. 6or anillegitimate child to be entitled to successional rights" he must show that he was recogni3ed.

)ic) court issues t)e writ o( e$ecution-

,he court of origin.

)at is t)e re%ed* i( t)e court o( ori0in re(uses to issue t)e writ o( e$ecution-

andamus. 6ile manifestation with the appellate court and the latter would direct thelower court to issue the writ (9ergonia vs. >ecano" 1+ !)A 88:&.

)at is t)e &eriod (or revivin0 jud0%ent b* %otion and b* action-

A final and executory judgment or order may be executed on motion within five years

from the date of its entry. After the lapse of such time" and before it is barred by the statute oflimitations" a judgment may be enforced by action. ,he revived judgment may also be enforcedby motion within five years from the date of its entry and thereafter by action before it is barredby the statute of limitations. (ec. 8" )ule %&

9ut the revived judgment cannot modify the old judgment. >efenses can be raised ifthere are supervening defenses but not those which are already ruled upon based on theprinciple of res judicata.

!s t)ere an e$ecution &endin0 a&&ea' wit) res&ect to t)e %ora' and e$e%&'ar* da%a0es-

No because of the uncertainty of the award. (0nternational chool !ase&

)at is t)e e((ect o( reversa' o( t)e a&&ea'ed jud0%ent-

)estitution of all that may be delivered by reason of execution pending appeal.

!( t)e jud0%ent is %odi(ied3 w)en s)ou'd t)e &eriod to a&&ea' be rec@oned-

,he period to appeal should be reckoned from the service of the amendatory order. ,hedate of the amended judgment is the date of the decision. 0t is as if the court had rendered anentirely new decision. ()osales vs. !A" #$#7$:1&

Does t)e &rinci&'e o( )ierarc)* o( courts deter%ine jurisdiction-

No. 0t only dictates the venue of actions and appeals.

!s non;observance o( t)e &rinci&'e o( )ierarc)* o( courts a 0round (or dis%issa'-

No. ,he higher court should not dismiss the case. 0t has two options5 1.& take cogni3anceor #.& remand to the lower court.

)at is t)e doctrine o( residua' &owers-

>espite loss of jurisdiction because of perfection of appeal" prior to the transmittal of theoriginal record or the record on appeal" the court retains jurisdiction to issue orders5

a. for the protection and preservation of the rights of the parties which do not involve anymatter litigated by the appeal=

b. approve compromises=c. permit appeal of indigent litigants=d. grant execution pending appeal=e. allow withdrawal of the appeal (sec. %" )ule 41&


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4a* a cor&oration be a &art* in t)e conci'iation &roceedin0s be(ore t)e Lu&on n0Ta0a&a%a*a&a-

No. Enly natural persons" not juridical persons. !orporations can only appear throughtheir representatives. @nder ec. 41' of the

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the same election protest in more than one ,!" despite the erroneous venues= or of evenbeing unaware of the original exclusive jurisdiction of the ,! over such protests and filing oneof the protests in the ),! by mistake. (

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!riminal Action I is one by which the tate prosecutes a person to establish a status" a right" ora particular fact.

!ivil Action I is one by which a party sues another for the enforcement or protection of a right"or the prevention or redress of a wrong.

pecial roceeding I is a remedy by which a party seeks to establish a status" a right" or aparticular fact.

De(ine transitor* and 'oca' action.

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party and the act when so done shall have the same effect as if performed by the party himself.,he disobedient party incurs no liability for contempt. (!aluag vs. ecson&

)at is terceria-

,erceria is a third party claim filed with the sheriff if the property subject of levy on

execution" attachment or replevin is being claimed by a person not a party to the case.

SPECIAL CIVIL ACTIONS AND SPECIAL PROCEEDINGS

Distin0uis) between Un'aw(u' detainer and orcib'e entr*.

O"!BLE ENT> UNLAUL DETA!NE

possession of the land by the defendant isunlawful from the beginning as he ac-uires

possession by 6orce" 0ntimidation"trategy" ,hreat or tealth (60,&

ossession is inceptively lawful but itbecomes illegal by reason of the

termination of his right to the possession ofthe property under his contract w/ the

plaintiffno previous demand for the defendant to

vacate the premises is necessary>emand is jurisdictional if the ground is

non$payment of rentals or failure to complywith lease contract

the plaintiff must prove that he was in priorphysical possession of the premises untilhe was deprived thereof by the defendant

the plaintiff need not have been in priorphysical possession

the 1 year period is generally counted fromthe date of actual entry on the land

period is counted from the date of lastdemand or last letter of demand

0n filing actions for ejectment" the above facts must be alleged in the complaint"otherwise" the court will not ac-uire jurisdiction.

)at is inter&'eader-

0t is a special civil action whereby a person who has property in his possession or anobligation to render" wholly or partially" without claiming any right therein" or an interest which inwhole or in part is not disputed by the claimants" comes to court and asks that the persons whoconsider themselves entitled to demand compliance with the obligation be re-uired to litigateamong themselves in order to determine finally who is entitled to the same. (ec. 1" )ule 8#&

)at is dec'arator* re'ie(-

0t is one in which a person interested under a deed" will" contract" or other written

instrument" or whose rights are affected by a statute" executive order" or regulation orordinance" may" before breach or violation thereof" bring an action to determine any -uestion ofconstruction" or validly arising under the instrument or statute and for a declaration of his rightsand duties. (ec. 1" )ule 8&

)at are ot)er actions t)at %a* be brou0)t under u'e 8-

,hese are5a. reformation of instrument=b. -uieting of title or to remove a cloud therefrom=c. consolidation of ownership. (ec. 1" )ule 8&

"ite t)e instances w)en t)e court %a* re(use to 0rant dec'arator* re'ie(.

,hey are51. Hhen it would not terminate the uncertainty or the controversy which gave rise to the action=

or#. Hhen the declaration or construction is not necessary and proper under the circumstance.

(ec. '" )ule 8&

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)at action wou'd t)e court ta@e i( be(ore t)e (ina' ter%ination o( t)e case3 a breac) orvio'ation o( an instru%ent s)ou'd ta@e &'ace-

0f before the final termination of the case" a breach or violation of an instrument shouldtake place the action shall be converted into an ordinary action. (ec. 8" )ule 8&

it)in w)at &eriod %a* a &etition (or certiorari be (i'ed-

0t shall be filed not later than sixty (8:& days from notice of the judgment" order orresolution sought to be assailed in the upreme !ourt or" if it relates to acts or omissions of alower court or of a corporation" board" officer or person" in the )egional trial !ourt exercising

jurisdiction over the territorial area as defined by the upreme !ourt. (eople vs. !A" 1:7 !A>81%&

it)in w)at &eriod s)ou'd a &erson ousted (ro% o((ice (i'e a &etition (or ,uo warranto-!s t)ere an e$ce&tion-

An action for -uo warranto should be brought within one (1& year after ouster from office.

(ec. 11" )ule 88&. ,he failure to institute the same within the reglementary period constitutesmore than a sufficient basis for its dismissal" since it is not proper that the title to a public officebe subjected to continued uncertainty. An exception to this prescriptive period lies only if thefailure to file the action can be attributed to the acts of a responsible government officer and notof the dismissed employee.

)en %a* t)e &'ainti(( in an e%inent do%ain case enter t)e &ro&ert*-

1. @pon the filing of the complaint or at any time thereafter and after due notice to thedefendant if he deposits with the authori3ed government depository an amount e-uivalent tothe assessed value of the property for purposes of taxation. (ec. #" )ule 8+&

#. @pon payment by the plaintiff to the defendant of the compensation fixed by the

judgment" with legal interest thereon from the taking of the possession of the property" orafter tender to him of the amount so fixed and payment of the costs. (ec. 1:" )ule 8+&

)at s)a'' t)e court do i( a(ter tria'3 it (inds t)e (acts set (ort) in t)e co%&'aint (or(orec'osure o( t)e %ort0a0e to be true-

0f upon the trial in such action the court shall find the facts set forth in the complaint to betrue" it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation"including interest and other charges as approved by the court" and costs" and shall render

judgment for the sum so found due and order that the same be paid to the court or to thejudgment obligee within a period of not less than ninety (%:& days nor more than one hundredtwenty (1#:& days from the entry of judgment. (ec. #" )ule 87&

)at is t)e e((ect i( t)e de(endant (ai's to &a* t)e a%ount o( t)e jud0%ent-

,he court shall order the property to be sold. (ec. " )ule 87&

)at are t)e two sta0es in t)e action (or e$&ro&riation-

1. >etermination of the authority of the plaintiff to exercise the power of eminent domainand the propriety of its exercise in the context of the facts involved in the suit.

#. >etermination by the !ourt of Dthe just compensation for the property sought to betaken.D (N! vs. ocson" #:' !)A '#:&

)at is t)e on'* issue in an eject%ent case-

0n ejectment cases" the sole -uestion for resolution is the physical or materialpossession (possession de facto& of the property in -uestion and neither a claim of juridicalpossession (possession de jure& nor an averment of ownership by the defendant can outrightlydeprive the court from taking due cogni3ance of the case. o that" even if the -uestion ofownership is raised in the pleadings" the court may pass upon such issue but only to determine

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the -uestion of possession especially if the former is inseparably linked with the latter. (eng3onvs. Ecampo" r= F) No. 11%87" une #%" #::1&

)at are t)e two sta0es in t)e action o( &artition-

1. >etermination of whether or not a co$ownership in fact exists" and

a partition is proper (i.e." not otherwise legally proscribed& and may be made by voluntaryagreement of all the parties interested in the property.

#. ,he second phase commences when it appears that Dthe partiesare unable to agree upon the partitionD directed by the court. 0n that event partition shall bedone for the parties by the !ourt with the assistance of not more than three (&commissioners.

State t)e ru'e i( t)e de(endant raises t)e issue o( owners)i& in an eject%ent suit-

Hhen the defendant raises the defense of ownership in his pleading and the -uestion ofpossession cannot be resolved without deciding the issue of ownership" the issue of ownershipshall be resolved only to determine the issue of possession. ()efugia vs. !A" +1 !A> +8:&

)at is t)e nature o( a jud0%ent in (orcib'e entr* or un'aw(u' detainer-

0t is conclusive with respect to possession only and shall in no wise bind the title or affectthe ownership of the land or building. uch judgment shall not bar an action between the sameparties respecting title to the land or building. (ec. 17" )ule +:&

+ow %a* t)e e$ecution o( an eject%ent jud0%ent be sta*ed- Are t)ere e$ce&tions-

,he only way to stay execution of a judgment in an ejectment suit is by perfecting anappeal and filing a supersedeas bond" depositing from time to time with the ),! during thependency of the appeal" the amounts of rent or the reasonable value for the use of the property

as fixed by the court of origin. ,he reason is possession of the property. 6ailure to comply withthis re-uirement" execution will issue.

,here are exceptions to the rule5a. where delay in the deposit is due to fraud" accident" mistake or excusable negligence=b. where supervening events occur subse-uent to the judgment bringing about a material

change in the situation of the parties which makes execution ine-uitable=c. where there is no compelling urgency for the execution because it is not justified by the

circumstances. (uncia vs. Feruna" 8+ !A>" ##&

!n (orcib'e entr* cases3 t)e action %ust be brou0)t wit)in one *ear (ro% entr*. !s t)e ru'eabso'ute-

No. 0n forcible entry cases where entry is through stealth" the one$year period should becounted from the date of discovery and prohibition. (Blave vs. !A" Aril #8" 1%7%&

)at da%a0es %a* t)e &'ainti(( recover in an eject%ent suit-

,he only damages that may be awarded to the plaintiff in an ejectment suit are rentals.0t does not even extend to award of electric and water bills. 0t should be litigated in anothertribunal. (Araos vs. !A" '# !A> 7%&

!n w)at court %a* t)e sett'e%ent o( estate o( a deceased &erson be (i'ed-

0t depends. 0f the decedent is an inhabitant of the hilippines at the time of his death"whether a citi3en or an alien" his will shall be proved" or letters of administration granted" and hisestate settled" in the ),! in the province in which he resides at the time of his death" and if heis an inhabitant of a foreign country" the ),! of any province in which he had his estate. ,hecourt first taking cogni3ance of the settlement of the estate of a decedent" shall exercise

jurisdiction to the exclusion of all other courts. (ec. 1" )ule +&

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4a* t)e &robate court decide an issue o( owners)i& arisin0 durin0 t)e &roceedin0s- !st)e ru'e abso'ute-

No" because the jurisdiction of the probate court is limited and it cannot determine theissue of ownership of properties. (*alera vs. 0nserto" 14% !)A '& ,here are however"exceptions" like51. Hhen the heirs agree to submit the -uestion of determination of ownership to the probate

court" without prejudice to third persons. (,rinidad vs. !A" #:# !)A 1:8. 6or purposes of determining whether the property should be included in the inventory" the

probate court may decide prima facie the ownership of said property" but the determinationis not final and without prejudice to the right of interested parties to ventilate the -uestion ofownership in a proper action. ()eyes vs. os-ueda" 17% !)A 881&

)at is t)e nature o( a &robate &roceedin0-

robate of a will is a proceeding in rem. 0t cannot be dispensed with and substituted byanother proceeding" judicial or extra$judicial" without offending public policy. 0t is mandatory asno will shall pass either real or personal property unless proved and allowed in accordance withthe )ules of !ourt. 0t is imprescriptible because it is re-uired by public policy and the state

could not have intended to defeat the same by applying thereto the statute of limitation ofactions. (Fuevarra vs. Fuevarra" +4 hil 4+%&

)at are t)e re%edies o( an un&aid creditor in case o( su%%ar* sett'e%ent&roceedin0s-

Hhere the estate has been summarily settled" the unpaid creditor" may within the two-year period" file a motion in the court wherein such summary settlement was had" for thepayment of his credit. (ec. 4" )ule +4&. After the lapse of the two-year period" an ordinaryaction may be instituted against the distributees within the statute of limitations" but not againstthe bond.

4a* t)ere be an ora' &artition o( estate-

;es" and it is valid and binding among the parties. ,he re-uired public instrument is notconstitutive of the contract of partition but merely an evidence thereof where the ! said thatthere is nothing in ec. 1" )ule +4 from which it can be inferred that a writing or other formalityis an essential re-uisite for the validity of partition.

!s t)ere a co''ective na%e (or t)e &rovisions o( u'e C (i$in0 t)e &eriod (or t)e (i'in0 o(c'ai%s a0ainst t)e estate o( t)e decedent-

;es" statute of non$claims. (antos vs. anaoang" #+ hil #:%&

!s t)ere an* distinction between t)e so;ca''ed statute o( non;c'ai%s (ro% statute o('i%itations-

;es. 0nsofar as claims against the estates of deceased persons are concerned" thestatute of non$claims supersedes the statute of limitations. 2ence" if a debtor dies" his creditorsmust present their claims" whether the same be due" not due or contingent" in the settlementproceeding of the estate of the deceased debtor within the time provided in the statute of non$claims" or the same shall be barred forever. (Bstate of >e >ios" #4 hil '+&

!s t)e re%ed* o( e$ecution avai'ab'e in (avor o( a creditor a0ainst t)e estate o( adecedent- )*-

No" because the procedure outlined by law is the sale of personal property or the sale ormortgage of real property of the decedent and the proceeds shall be paid out of said proceeds.(Aldami3 vs. !60 of indoro" 7' hil ##7&

)en %a* e$ecution a0ainst t)e estate issue-

Bxecution may issue only where the heirs" devisees and legatees have entered into thepossession of their respective portions in the estate prior to payment of debts and expenses of


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administration and it is later ascertained that there are still debts and expenses to be paid" inwhich case the court having jurisdiction" after hearing" may order the heirs" devisees andlegatees to contribute to the payment" and may issue execution if circumstances re-uire. (ec.8" )ule 77&

)at is esc)eat-

Bscheat is a proceeding whereby the real and personal property of a person who dieswithout leaving any will or legal heirs become the property of the tate upon his death. (un. ofan edro vs. !ollegio de an ose" 8' hil 17&

)en and b* w)o% %a* a c'ai% to esc)eated &ro&ert* be (i'ed-

0f an heir of the deceased files a claim with the court having jurisdiction within five ('&years from the date of the judgment" such person shall have possession of and title to theescheated property" or if sold" the municipality or city shall be accountable to him for theproceeds" after deducting reasonable charges. A claim not made within said period of five ('&years shall be forever barred. (ec. 4" )ule %1&

State t)e e$tent and (unction o( t)e writ o( )abeas cor&us.

,he writ of habeas corpus under )ule 1:# of the )ules of !ourt extends to all cases ofillegal confinement or detention by which any person is deprived of his liberty" or by which therightful custody of any person is withheld from the person entitled thereto. ,he function of thespecial proceeding of habeas corpus is to in-uire into the legality of ones detention. (9ernartevs. !A" +' !A> 4::&

4a* a 'e0iti%ate c)i'd o( a %ot)er w)o %arries anot)er %an a(ter )er )usbands deat)c)an0e )er surna%e to ado&t t)e surna%e o( t)e ste&(at)er-

No" because it will cause a lot of -uestions and confusions. ,he touchstone for the grantof change of name is that there be proper and reasonable cause for which the change is sought.(ec. '" )ule 1:& 0t was not held reasonable for a legitimate child who would ask for change ofname to adopt the stepfathers name since the child is re-uired to principally use the surnameof his father. (Article 84" N!!& A change of name is a matter of privilege" not a matter of right"addressed to the sound discretion of the court which has the duty to consider carefully theconse-uences of a change of name and to deny the same unless weighty reasons are shown.(Ng ;ao iong vs. )epublic" 18 !)A 47= )epublic vs. udge" !60 !ebu" 1# !)A 48#& ,heremedy is for the stepfather to adopt the child.

CRIMINAL PROCEDURE:

De(ine /re'i%inar* !nvesti0ation.

reliminary investigation is an in-uiry or proceeding to determine whether there issufficient ground to engender a well$founded belief that a crime has been committed and therespondent is probably guilty thereof" and should be held for trial. (ec. 1" )ule 11#&

Distin0uis) between /re'i%inar* !nvesti0ation under u'e 117 and /re'i%inar*!nvesti0ation under Sec. 73 Art. !!! o( t)e "onstitution.

@nder )ule 11#" reliminary 0nvestigation is the in-uiry to determine the existence ofsufficient ground for the filing of the information in court. ,his is executive in nature.

@nder the !onstitution" reliminary 0nvestigation is the determination of the existence ofprobable cause to issue the warrant of arrest. ,his is judicial in nature and can only be done bya judge.

)at are t)e cri%es w)ic) re,uire &re'i%inar* investi0ation-

reliminary 0nvestigation is re-uired for all crimes punishable by at least 4 years" #months" and 1 day imprisonment without regard to fine. (ec. 1(a& )ule 11:&


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)at is t)e e((ect o( (ai'ure to a''e0e ,ua'i(*in0 and a00ravatin0 circu%stances-0f not alleged" they cannot be taken into account in the imposition of penalty. ()epublic

vs. NuLe3" 1: !)A 187&. 0f not alleged" it would violate the accuseds constitutional right tobe informed of the nature of the charges against him. 2owever" even if not alleged" but thecircumstances are proved during trial" it can be considered in the imposition of exemplary

damages.

4a* substantia' a%end%ents o( co%&'aint or in(or%ation be %ade-

;es. A complaint or information may be amended" in form or in substance" without leaveof court" at any time before the accused enters his plea. After the plea and during the trial" onlya formal amendment may be made with leave of court and when it can be done without causingprejudice to the rights of the accused.

2owever" any amendment before plea (whether formal or substantial&" whichdowngrades the nature of the offense charged in or excludes any accused from the complaintor information" can be made only upon motion by the prosecutor" with notice to the offended

party and with leave of court. (ec. 14" )ule 11:&

+ow to deter%ine i( t)e a%end%ent is (or%a' or substantia'-,he amendment is substantial if a defense under the original information would no

longer be available after amendment is made and when any evidence the accused might havewould be inapplicable to the amended information. (Fabion3a vs. !A" $:$:1&

0f the new allegations relate only to the range of the penalty that might be usurped" theamendment is a matter of form. (armiento vs. >e eath penalty cannot be automatically imposed merely because of the appreciationof minority and relationship by the trial court" no matter how clearly they were established. ,hisis necessary to inform the accused of the nature of the accusations against him

!n an in(or%ation a0ainst =3 )e was c)ar0ed wit) )o%icide but t)e a''e0ations o(t)e in(or%ation s)ow t)at %urder )as been c)ar0ed. "an t)e accused be convicted o(%urder-

;es. 0n interpreting an information" what controls is the description of the offensecharged and not the designation. ,he reason is that the designation is only a conclusion of law.

)at is t)e e((ect o( (i'in0 o( co%&'aint-

0f the complaint is filed with the court" it interrupts the period of prescription. 0f thecomplaint is filed with the prosecutor" it also interrupts the period of prescription except thosethat were governed by the )ules on ummary rocedure.

!s t)e a%end%ent o( t)e in(or%ation (ro% (rustrated %urder to %urder a substantia'a%end%ent-


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No. Enly a formal amendment. (,eehankee vs. adayag&)at wou'd be t)e re%ed* o( t)e accused i( t)e in(or%ation c)ar0es %ore t)an oneo((ense-

,he general rule is that the information must charge but one offense. 6ailure to comply

would be a ground for a motion to -uash. ,he exceptions to the one$information" one$offenserule are5 a.& when the information charges a complex crime and b.& if there are several crimesalleged and no objection by accused in a otion to Cuash" in which case the accused can beconvicted of as many crimes as may be proven.

!s it necessar* (or t)e &art* to reserve )is ri0)t to (i'e an inde&endent civi' action underArts. 873 883 89 and 712 o( t)e ""-

No. )eservation is not necessary.

)at is t)e e((ect o( deat) on t)e 'iabi'ities o( t)e accused &endin0 a&&ea'-

,he death of the accused pending appeal extinguishes not only his criminal liability butalso his civil liability arising from the delict. ,he independent civil action in Articles #" " 4"#1+8 may continue against the estate or legal representatives of the accused. (9ayotas vs. !A"ept. #" 1%%4&

)at are t)e e'e%ents o( &rejudicia' ,uestion-

1. !ivil action involves an issue similar or ultimately related to the issue raised in thecriminal action= and

#. resolution of such issues is determinative of whether or not the criminal action mayproceed.

!s an action (or dec'aration o( nu''it* o( a %arria0e a &rejudicia' ,uestion to a case (orconcubina0e-

No. ronouncement that a marriage is void is not a defense in a concubinage case. ,heparties should not be permitted to judge for themselves the nullity of their marriages. 2e whocohabits with a woman not his wife prior to the judicial declaration of nullity of the marriageassumes the risk of being prosecuted for concubinage. (9eltran vs. eople" 8$#:$::& 0n thesame vein" a case for declaration of nullity of marriage is not a prejudicial -uestion to a bigamycase. (ercado vs. ,an&

)at are t)e instances o( va'id arrest wit)out a warrant-

ec. '.Arrest without warrant; when lawful. I A peace officer or a private person may" without awarrant" arrest a person5

(b& Hhen" in his presence" the person to be arrested has committed" is actuallycommitting" or is attempting to commit an offense=

(c& Hhen an offense has just been committed and he has probable cause to believebased on personal knowledge of facts or circumstances that the person to be arrested hascommitted it= and

(d& Hhen the person to be arrested is a prisoner who has escaped from a penalestablishment or place where he is serving final judgment or is temporarily confined whilehis case is pending" or has escaped while being transferred from one confinement toanother. ()ule 11&

)en is bai' a %atter o( ri0)t and w)en is it a %atter o( discretion-

9ail is a matter of right5 a.& before or after conviction by the etropolitan ,rial !ourt"unicipal ,rial !ourt in !ities" or unicipal !ircuit ,rial court" and b.& before conviction by the),! of an offense not punishable by death" reclusion perpetua" or life imprisonment.

@pon conviction by the ),! of an offense not punishable by death" reclusion perpetuaor life imprisonment" admission to bail is discretionary. (ec. '" )ule 114& Also" bail is


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so because the decision/sentence does not contain findings of fact and conclusions of law butmerely an account that the accused pleaded guilty to a lesser offense and the penalty imposed.(Amatan vs. Aujero&

Accused was c)ar0ed wit) ra&e. On arrai0n%ent )e &'eaded 0ui't* but bar0ained (or a'esser &ena't*. "o%&'ainants %ot)er and t)e &ub'ic &rosecutor a0reed wit) t)e &'ea

bar0ain. T)e accused was convicted. A(ter t)ree %ont)s3 t)e case was revived at t)einstance o( t)e co%&'ainant on t)e 0round t)at t)e &ena't* i%&osed was Htoo 'i0)t.H As aconse,uence3 accused was re;arrai0ned w)ere )e entered a &'ea o( not 0ui't*. +e wasa0ain convicted b* t)e tria' court.

as t)ere a vio'ation o( t)e ri0)t o( t)e accused a0ainst doub'e jeo&ard*-

No. ,he order of the trial court convicting the accused$appellant on his own plea of guiltis void ab initio on the ground that accused$appellantGs plea is not the plea bargainingcontemplated and allowed by law and the rules of procedure. ,he only instance where a pleabargaining is allowed under the )ules is when an accused pleads guilty to a lesser offense.

0t must be emphasi3ed that accused$appellant did not plead to a lesser offense butpleaded guilty to the rape charges and only bargained for a lesser penalty. 0n short" as aptlyobserved by the olicitor Feneral" he did not plea bargain but made conditions on the penalty tobe imposed. ,his is erroneous because by pleading guilty to the offense charged" accused$appellant should be sentenced to the penalty to which he pleaded. (eople vs. agat" '$1$::&

)at is t)e di((erence between &re;tria' a0ree%ents and ad%issions in civi' and cri%ina'cases-

0n civil cases" pre$trial agreements need not be in writing and need not be signed. 0ncriminal cases" it must be in writing and must be signed by the accused and the counsel"otherwise" it cannot be used in evidence against the accused.

Note5 0f admissions are done during trial" there is no need that it be put in writing and signed byparty and counsel. ,he reason is that it is automatically put in writing. )eason5 ,rial courts arecourts of record.

)at wou'd be t)e e((ect i( t)e co%&'ainant w)o was du'* noti(ied (ai's to a&&ear durin0&'ea bar0ainin0-

resence of complainant is mandatory or re-uired for the purposes of the pleabargaining" determination of civil liability and other matters re-uiring his presence. 0f he does notappear despite due notice" court may allow accused to enter a plea for a lesser offensenecessarily included in the offense charge with conformity of the fiscal alone.

)at is t)e ru'e w)en t)ere is variance between t)e a''e0ation and &roo(-

Hhen there is variance between the offense charged in the complaint or information andthat proved" and the offense as charged is included in or necessarily includes the offenseproved" the accused shall be convicted of the offense proved which is included in the offensecharged" or of the offense charged which is included in the offense proved. (ec. 4" )ule 1#:&Bxample" accused is charged with murder" but the offense proved is only that of homicide" hecan be convicted of the latter offense. 2owever" the accused cannot be convicted of murder ifthe charged is only that of homicide.

!s t)e &resence o( t)e accused needed durin0 &ro%u'0ation o( jud0%ent-

;es. ,he judgment is promulgated by reading it in the presence of the accused and anyjudge of the court in which it was rendered.

Bxception51. 0f the conviction is for a light offense" judgment may be

pronounced in the presence of his counsel or representative.#. 0f the judgment is for ac-uittal. (aredes vs. analo" #44 !)A

84&


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. 0f the accused was tried in absentia.

)at is t)e re%ed* i( t)e de%urrer to evidence is denied b* t)e court-

0f the demurrer was with leave of court" the accused may still adduce evidence in hisdefense. 0f it is without leave" accused waives the right to present evidence and submits the

case for judgment on the basis of the evidence of the prosecution. (ec. #" )ule 11%&

Erder of denial of the demurrer to evidence is not reviewable by appeal or certioraribefore judgment. (ec. #" )ule 11%&

)at is t)e e((ect o( t)e esca&e o( t)e accused &endin0 a&&ea' o( )is conviction-

2is appeal should be dismissed. Bxcept when the death penalty is imposed" becausereview by the upreme !ourt is automatic.

"an a &erson tried in absentia a&&ea' (ro% )is conviction-

;es. 2e only lost his right to present evidence but not his right to appeal.

A3 B3 " were a'' convicted o( )o%icide. On'* A a&&ea'ed t)e conviction. )at is t)ee((ect on B and "-

,he results of the appeal does not affect the non$appealing parties except when theresult is favorable" in which case" it inures to the non$appealing parties . (ec. 11" )ule 1#&

A was convicted be(ore t)e T" wit) )o%icide. On a&&ea'3 t)e "A (ound t)at Aco%%itted %urder w)ic) is &unis)ab'e b* deat). "an t)e "A i%&ose t)e &ena't* o(deat)-

;es. Hhenever the !A finds that the penalty of death" reclusion perpetua" or life

imprisonment should be imposed in a case" the court" after discussion of the evidence and thelaw involved" shall render judgment imposing the penalty of death" reclusion perpetua or lifeimprisonment as the circumstances warrant. 2owever" it shall refrain from entering the

judgment and forthwith certify the case and elevate the entire record thereof to the SupremeCourt for review.

)ic) court )as jurisdiction over a %otion ,uestionin0 t)e i''e0a'it* o( a searc) warrant-!s it t)e court )earin0 t)e cri%ina' case or t)e court t)at issued t)e warrant-

,he court hearing the criminal case. 0t should be advisable that whenever a earchHarrant has been issued by one !ourt" or 9ranch" and a criminal prosecution is initiated inanother !ourt" or 9ranch" as a result of the service of the earch Harrant" the BA)!2

HA))AN, !AB should be consolidated with the criminal case for orderly procedure. ,he latercriminal case is more substantial that the earch Harrant proceeding" and the residing udgein the criminal case should have the right to act on petitions to exclude evidence unlawfullyobtained.


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