Remedial Tip
March 17, 2017 | Author: Jeffy Emano | Category: N/A
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Dichoso |0
Remedial Law
Remedial Law Things necessary to be put in your head Jurisdiction .............................................................................................................................................. 2 Shari’ah Courts .................................................................................................................................... 3 Katarungang Pambarangay Law (P.D. 1508) ......................................................................................... 3 Summary Procedure (MTC) .................................................................................................................. 3 Small Claims Cases............................................................................................................................... 4 Summary of Jurisdiction over the subject matter ..................................................................................... 5 Civil Procedure ........................................................................................................................................ 9 Cause of Action vs. Right of Action ....................................................................................................... 9 Indispensable and Necessary Party; Rule on Misjoinder and Non-Joinder ............................................ 9 Schonfeld Doctrine: Venue Stipulations ............................................................................................... 9 Test to Determine Whether the Third-Party complaint is Proper ......................................................... 9 Kinds of Defenses ................................................................................................................................ 9 Compulsory vs. Permissive Counterclaim ........................................................................................... 10 Amendment of Pleading (Rule 10) ..................................................................................................... 10 Requirements for Substituted Service ................................................................................................ 10 Motion for Withdrawal of Information vs. Motion to Dismiss ............................................................ 10 Grounds for Motion to Dismiss .......................................................................................................... 11 Use of Depositions............................................................................................................................. 11 Court Intervention in Deposition Taking ............................................................................................ 11 Requisites of MNT on the ground of newly-discovered evidence ....................................................... 12 Requisites for the execution of a judgment pending appeal ............................................................... 12 Conclusiveness of Judgment / Collateral Estoppel / Estoppel by Verdict ............................................ 12 Modes of Appeal from RTC ................................................................................................................ 12 Findings of Fact by CA, Binding on SC; Exceptions .............................................................................. 13 Fresh Day Period Rule ........................................................................................................................ 13 Only Questions of Law on Certiorari; Exceptions ................................................................................ 13 Special Civil Actions ............................................................................................................................... 14 Requisites of Declaratory Relief [STARBA] .......................................................................................... 14 Requisites for Mandamus to Prosper [RiDuMiN] ................................................................................ 14 GR: MR Necessary before resort to Certiorari (65). Exceptions [SUNDALI] ....................................... 14 Material dates required to be stated in the petition for certiorari under Rule 65 ............................... 14 Forcible Entry vs. Unlawful Detainer .................................................................................................. 15 Civil vs. Criminal Contempt ................................................................................................................ 15 Other Notes:...................................................................................................................................... 15 Special Proceedings ............................................................................................................................... 15 Settlement of Estate (Rule 73-90) ...................................................................................................... 15 Order of Exclusion/inclusion vs. Order of Collation ........................................................................ 16 Escheats: Reconveyance vs. Reversion ............................................................................................... 16 Adoption ........................................................................................................................................... 16 Habeas Corpus .................................................................................................................................. 16 Writ of Amparo ................................................................................................................................. 16 Change of Name and Correction of Entries in the Civil Registrar ........................................................ 17 Criminal Procedure ................................................................................................................................ 17
Remedial Law Dichoso |1 Who may file a Complaint.................................................................................................................. 17 Duplicity of the Offense ..................................................................................................................... 17 Amendment vs. Substitution ............................................................................................................. 18 Bail (Rule 113, sec 4 and 5) ................................................................................................................ 18 Instances of Warrantless Arrest ......................................................................................................... 19 Grounds for Motion to Quash (Rule 117 Sec 3) [OJopA FOE AP] .......................................................... 19 Former Conviction or Acquittal; Double Jeopardy .............................................................................. 19 Instances of Warrantless Search ........................................................................................................ 20 Evidence................................................................................................................................................ 20 Best Evidence Rule ............................................................................................................................ 20 Burden of Proof vs. Burden of Evidence ............................................................................................. 20 Parole Evidence [FIVE] ....................................................................................................................... 21 Marital Privilege vs. Marital Disqualification Rule .............................................................................. 21 Exceptions to the Hearsay Evidence Rule [DIAPER CORD T] ................................................................ 21 Leading Questions; xpns [CUPAD] ...................................................................................................... 21 Doctrines Summary ............................................................................................................................... 22 Doctrine of Primary Jurisdiction ......................................................................................................... 22 Doctrine of Adherence of Jurisdiction ................................................................................................ 22 Doctrine of the Law of the Case ......................................................................................................... 22 Doctrine of Independently Relevant Statements ................................................................................ 22
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Remedial Law Things necessary to be put in your head
JURISDICTION ERROR OF JUDGMENT one which the court may commit in the exercise of its jurisdiction error is reviewable only by an appeal
ERROR OF JURISDICTION one where the act complained of was issued by the court, officer or a quasi-judicial body without or in excess of jurisdiction, or with grave abuse of discretion which is tantamount to lack or in excess of jurisdiction error is correctible only by the extraordinary writ of certiorari
Source: Donato (landowner) vs. CA and 20 tenants (417 SCRA)
RESIDUAL JURISDICTION
RESIDUAL PREROGATIVES
Section 9 of Rule 41, i.e.: protective orders, approve compromises, permit appeals of indigent litigants, order execution pending appeal, and allow the withdrawal of the appeal is available at a stage in which the court is normally deemed to have lost jurisdiction over the case or the subject matter involved in the appeal. This stage is reached upon the perfection of the appeals by the parties or upon the approval of the records on appeal, but prior to the transmittal of the original records or the records on appeal. for the protection & preservation of rights of the parties, pending disposition of the case on appeal
Section 1 of Rule 9: (1) lack of jurisdiction over the subject matter, (2) litis pendentia, (3) res judicata & (4) prescription
[Available on Appeal]
to dismiss an action motu proprio upon the grounds
Source: Katon vs. Palanca (437 SCRA)
JURISDICTION
VENUE
The authority to hear and determine a The place where the case is to be case. instituted; deals with locality. A matter of substantive law. A matter of procedural or adjective law. Conferred by law or the Constitution May be conferred by the act or and cannot be otherwise agreed upon agreement of the parties. by the parties. Cannot be waived; except jurisdiction May be waived. over the person. Establishes a relation between the Establishes a relation between the court and the subject matter. plaintiff and the defendant. Limitation on the plaintiff. Limitation on the court. Deals with substance. Matter of convenience. Court may motu proprio dismiss a case Court may not motu proprio dismiss for lack of jurisdiction. a case on ground of improper venue.
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SUMMARY PROCEDURE (MTC)
SHARI’AH COURTS
1. In Civil Cases a. Forcible Entry and Unlawful detainer Irrespective of the amount of damages or unpaid rentals sought to be recovered. Jurisdiction to resolve issue of ownership to determine ONLY the issue of possession. b. All other cases, except probate proceedings, where total claim does not exceed ₱100,000 or does not exceed ₱200,000 in Metro Manila (A.M. No. 02-11-09 SC, Nov. 25, 2002)
Supreme Court Shari’ah Appellate Court District Shari’ah Court Circuit Shari’ah Court In general, the Shari'ah courts shall have jurisdiction over cases involving personal, family and property relations, and commercial transactions, in addition to their jurisdiction over criminal cases involving Muslims. (Sec. 5, Art. III, R.A. 9054) NOTE: If a Christian is married to a Muslim, the Shari’ah courts have jurisdiction ONLY if BOTH reside in the autonomous region (Lecture of Atty. Brondial)
2. In Criminal Cases a. Violations of traffic laws, rules and regulations; b. Rental Law violations; c. Violations of city or municipal ordinances; d. Violations of B.P.22; (A.M. No.00-11-01-SC, April 15, 2003); e. All other criminal cases where the penalty is imprisonment not exceeding 6 months and/or ₱1,000 fine irrespective of other penalties or civil liabilities arising therefrom; f. Offenses involving damage to property through criminal negligence where the imposable fine is not exceeding ₱10,000.
KATARUNGANG PAMBARANGAY LAW (P.D. 1508) A. No complaint, petition, action or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any government office for adjudication unless: 1. There has been a confrontation between the parties before the lupon chairman or pangkat; and 2. No conciliation or settlement has been reached or if one has been repudiated by the parties thereto. B. Cases Not Covered (Substantive Exceptions) 1. One party is the government or any subdivision or instrumentality; 2. One party is a public officer or employee, and the dispute relates to the performance of his official functions; 3. Offenses punishable by imprisonment exceeding 1 year or fine exceeding Php 5,000; 4. Offenses with no private offended party; 5. Dispute involves real properties located in different cities or municipalities unless the parties agree to submit dispute to amicable settlement by an appropriate lupon; 6. Disputes involving parties who reside in barangays of different cities or municipalities except when such barangay units adjoin each other and parties thereto agree to submit their differences to amicable settlement by an appropriate lupon; 7. Classes of dispute which the President may determine in the interest of justice; 8. One of the parties is a juridical entity.
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Shall interrupt the prescriptive period for offenses and cause of action upon filing of complaint with the punong barangay but must not exceed 60 days.
C. Other cases (Procedural Exceptions) 1. Accused is under police custody; 2. Person has been deprived of personal liberty thus calling for a habeas corpus proceeding; 3. Actions coupled with provisional remedies; 4. Action barred by prescription; 5. Labor disputes; 6. As determined by the President in the interest of justice; 7. CARL disputes; 8. Those involving the traditions of indigenous cultural community; 9. Actions to annul judgment upon a compromise. Parties may, at any stage of the proceedings agree in writing to have the matter in dispute decide by arbitration by either the punong barangay or pangkat. Then, arbitrational hearings shall follow the order of adjudicative trials.
SMALL CLAIMS CASES The rule of procedure for small claims cases shall govern the procedure in actions before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts for payment of money where the value of the claim does not exceed One Hundred Thousand Pesos (P100,000.00) exclusive of interest and costs. (Sec. 2, RULE OF PROCEDURE FOR SMALL CLAIMS CASES) All MTC shall apply this Rule in all actions which are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules Of Criminal Procedure. These claims or demands may be: (a) For money owed under any of the following: Contract of Lease; Contract of Loan; Contract of Services; Contract of Sale; or Contract of Mortgage; (b) For damages arising from any of the following: Fault or negligence Quasi-contract; or Contract; (c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991. (Sec. 4, RULE OF PROCEDURE FOR SMALL CLAIMS CASES)
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SUMMARY OF JURISDICTION OVER THE SUBJECT MATTER
I. Original a. Exclusive MTC NOTE: “MM” stands for “Metro Manila” Cases involving real or personal property whose value is… Admiralty and maritime cases where the demand or claim is… Matters of probate, both testate and intestate, where gross value of estate is… Actions which involve the title to, or possession of real property, where the value of the property involved…
In addition…
w/in MM
P 400,000 or less
P 50,000 or less
RTC Outside MM
w/in MM
Outside MM
P 300,000 or less
More than P 400,000
More than P 300,000
P 20,000 or less
More than P 50,000
More than P 20,000
1. Those governed by a. Rules on summary procedure, or b. Small claims cases 2. [DELEGATED Jurisdiction] Land registration cases where: a. Value of land is less than P100,000, AND b. There is no contest 3. [SPECIAL Jurisdiction] – in the absence of RTC judges, petitions for: a. Bail, or b. Habeas Corpus
1. Those incapable estimation
of
pecuniary
2. [GENERAL Jurisdiction] Cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions 3. Actions for special proceedings not falling within the jurisdiction of any other court
Remedial Law Family Courts 1. Criminal cases where one or more of the accused is a minor 2. petitions for guardianship, custody of children, habeas corpus in relation to the minor 3. petitions for adoption of children and the revocation thereof 4. All cases involving marriage 5. Petitions for support and/or acknowledgment 6. Summary judicial proceedings brought under the Family Code 7. Petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases cognizable under Presidential Decree No. 603, Executive Order No. 56, and other related laws 8. Petitions for the constitution of the family home 9. Cases against minors cognizable under the Dangerous Drugs Act, as amended 10. Violations of Republic Act No. 7610 as amended by R.A. no. 7658 11. Cases of domestic violence against women and children Shari’ah Courts In general, all cases involving personal, family and property relations, and commercial transactions, in addition to their jurisdiction over criminal cases involving Muslims. Court of Tax Appeals 1. Decision or inaction by the CIR 2. Decision of RTC in local tax cases 3. Decisions involving liability for customs duties 4. Decision of Central Board of Assessment Appeals over cases involving the assessment and taxation of real property 5. Decisions of Secretary of Finance on customs cases elevated to him automatically for review 6. Decisions of Secretary of Trade and Industry involving Tariff and Customs code of non-agricultural products 7. Decisions of Secretary of Agriculture involving Tariff and Customs code of non-agricultural products
Dichoso |6 Sandiganbayan WHAT: 1. Violations of R.A. 3019, 2. R.A. 1379 (on ill-gotten wealth), 3. Chapter II, Section II, Title VII, of Book II of the Revised Penal Code (Bribery), and 4. Other offenses or felonies, whether simple or complexed with other crimes, committed in relation to office. Ex: a. Estafa (Hannah Serrana vs. SB, January 28, 2008) b. Falsification of Document (Garcia vs. SB, 603 SCRA) c. Plunder (R.A. 7080, Sec. 3) 5. Civil and criminal cases filed pursuant to and in connection with E.O. Nos. 1,2, 14 and 14-A (Sequestration cases), issued in 1986, as filed by PCGG WHO: 1. One or more of the accused national and local official is classified as Grade “27” or higher; or 2. Regardless of the salary grade, any of the following: a. Provincial Department Heads. b. City department heads. c. diplomatic service officials who are consul or higher d. Philippine army and air force colonels, naval captains, and all officers of higher ranks. e. Officers of the PNP who are either provincial director, senior superintendent, or higher. f. City and Provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor. g. Presidents, directors or trustees, or managers of GOCC, state universities or educational institutions or foundations. Court of Appeals: Annulment of Judgment under Rule 47 Supreme Court: CPMQH over 5 agencies, to wit: 1. Court of Appeals 2. Court of Tax Appeals en banc 3. Sandiganbayan 4. Commission on Audit (under Rule 64) 5. Commission on Elections (under Rule 64)
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b. Concurrent
C O N C U R R E N T J U R I S D I C T I O N
SC and CA
SC and SB
SB, CA, and RTC
Petitions for certiorari, prohibition and mandamus against the following:
Petitions for mandamus, prohibition, certiorari, habeas corpus, injunction, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under E.O. Nos. 1, 2, 14 and 14A, issued in 1986 (Sequestration of ill-gotten wealth by Pres. Marcos, his Family and friends)
Petition for writ of amparo and petition for writ of habeas data.
a. RTC and lower courts; b. National Labor Relations Commission; c. Civil Service Commission; d. Quasi-Judicial Agencies.
SC, CA, and RTC
SC AND RTC
1. Petitions for habeas corpus and quo warranto; 2. Petitions for writs of certiorari, prohibition and mandamus against lower courts or bodies; 3. Petition amparo;
for
writ
of
4. Petition for habeas data.
writ
of
Action affecting ambassador, other public ministers and consuls.
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II. Appellate S u p r e m e
Shari’ah Appellate Court
Commission on Audit
C o u r t Sandiganbayan
COMELEC C o u r t
o f
A p p e a l s
District Shari’ah Court
All others CSC and other Quasi-judicial agencies listed in Rule 43 Sec. 1 (NOTE: NLRC is NOT included)
Circuit Shari’ah Court
Family Courts
CTA en banc
P.D. 1861 R.A. 7975 R.A. 8294
Local Tax Cases, Criminal tax cases
Regional Trial Courts
Municipal Trial Courts, Metropolitan Trial Courts, Municipal Circuit Trial Courts, Municipal Trial Courts in cities
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CIVIL PROCEDURE CAUSE OF ACTION VS. RIGHT OF ACTION CAUSE OF ACTION
RIGHT OF ACTION
Delict or wrongful act or omission committed by the defendant in violation of the primary rights of the plaintiff. The reason for the action. The formal statement of alleged facts.
Right to relief granted by law to a party to institute an action against a person who has committed a delict or wrong against him. The remedy afforded to the aggrieved party. Right to litigate is given because of the occurrence of the alleged facts. Determined by substantive law. Matter of right. Affected by affirmative defense.
Determined by facts alleged in the complaint. Matter of procedure. Not affected by affirmative defense.
INDISPENSABLE AND NECESSARY PARTY; RULE ON MISJOINDER AND NON-JOINDER • •
•
An indispensable party is one without whom there can be no final determination of an action. A necessary party is one who is not indispensable but who ought to be joined as party if complete relief is to be accorded those already parties, or for a complete determination or settlement of the claim subject of the action Neither a misjoinder nor a non-joinder of parties is a ground for dismissal of an action, because parties may be dropped or added at any stage of the proceedings. (Cabutihan vs. Landcenter Const. & Dev. Corp. (383 SCRA))
SCHONFELD DOCTRINE: VENUE STIPULATIONS •
Venue stipulations in a contract do not, as a rule, supersede the general rule set forth in Rule 4 of the Revised Rules of Court in the absence of qualifying or restrictive words like like "only," "solely," "exclusively in this court," "in no other court save —," "particularly," "nowhere else but/except —," (Pacific Consultants Int’l (PPI) vs. Schonfeld (516 SCRA))
TEST TO DETERMINE WHETHER THE THIRD-PARTY COMPLAINT IS PROPER •
The test whether it arises out of the same transaction on which the plaintiff’s claim is based, or the third-party plaintiff’s claim, although arising out of another or different contract or transaction, is connected with the plaintiff’s claim. (Asia Const. & Dev. Corp (ACDC) vs. CA & MEC (458 SCRA))
KINDS OF DEFENSES 1. Affirmative Defense – An allegation of a new matter, which, while hypothetically admitting the material allegations in the pleading would nevertheless prevent or bar recovery by him. 2. Negative Defense – Involves specific denial of the material facts alleged in the pleading of the claimant essential to his cause of action (Sec. 5[a], Rule 6). 3. Negative Pregnant – a form of negative expression which carries with it an affirmation or at least an implication of some kind favorable to the adverse party. Where a fact is alleged with qualifying or modifying language and the words of the allegation as so qualified or modified are literally denied, the qualifying circumstances alone are denied while the fact itself is admitted. • •
General denial will be deemed an admission of the averments in the complaint. Any of the grounds for a Motion to Dismiss may be pleaded as an affirmative defense.
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COMPULSORY VS. PERMISSIVE COUNTERCLAIM Compulsory Counterclaim
Permissive Counterclaim
Arises out of or is necessarily connected with the transaction that is the subject matter of the opposing party’s claim
Does not arise out of or is necessarily connected with the subject matter of the opposing party’s claim
Does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction
It may require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction
Need not be answered; no default
Must be answered, otherwise there can be an order of default
This is not an initiatory pleading; hence, there is no need to pay the docket fees.
This is an initiatory pleading and therefore, there is a need to pay the docket fee.
General Rule: Barred if not set up in the action. This is to prevent forum shopping. Exception: If it is an after-acquired counterclaim, that is, such claim matured after the filing of the Answer; in which case a supplemental answer or pleading may be filed before judgment.
Not barred even if not set up in the action. The defendant can institute another action for recovery.
AMENDMENT OF PLEADING (RULE 10) The right granted to the plaintiff under procedural law to amend the complaint before an answer has been served is not precluded by the filing of a motion to dismiss or any other proceeding contesting its sufficiency.
REQUIREMENTS FOR SUBSTITUTED SERVICE (1) (2) (3)
Impossibility of Prompt Personal Service Specific Details in the Return - The efforts made to find the defendant and the reasons behind the failure must be clearly narrated in detail in the Return. A Person of Suitable Age (18yrs) and Discretion (if on house or residence), or A Competent Person in Charge (if office or regular place of business) [Manotoc vs. CA,]
If corp./association: president, manager, secretary, cashier, agent, or any of its directors (R14, S 11) What gives the court jurisdiction in an action in rem or quasi in rem is that it has jurisdiction over the res, i.e. the personal status of the plaintiff who is domiciled in the Philippines or the property litigated or attached. Service of summons in the manner provided in Sec. 15 is not for the purpose of vesting it with jurisdiction but for complying with the requirements of fair play or due process, so that he will be informed of the pendency of the action against him. (Pascual vs. Pascual)
MOTION FOR WITHDRAWAL OF INFORMATION VS. MOTION TO DISMISS The order granting the withdrawal of the information attains finality after fifteen (15) days from receipt thereof, without prejudice to the re-filing of the information upon reinvestigation. On the other hand, the order granting a motion to dismiss becomes final fifteen (15) days after receipt thereof, with prejudice to the re-filing of the same case once such order achieves finality.
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GROUNDS FOR MOTION TO DISMISS Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the following grounds (Rule 16 Sec 1): (a) That the court has no jurisdiction over the person of the defending party; (b) That the court has no jurisdiction over the subject matter of the claim; (c) That venue is improperly laid; (d) That the plaintiff has no legal capacity to sue; (e) That there is another action pending between the same parties for the same cause; (f) That the cause of action is barred by a prior judgment or by the statute of limitations; (g) That the pleading asserting the claim states no cause of action; (h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished; (i) That the claim on which the action is founded is enforceable under the provisions of the statute of frauds; and (j) That a condition precedent for filing the claim has not been complied with.
USE OF DEPOSITIONS At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any one of the following provisions (Sec 4): (a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness; (b) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent of a public or private corporation, partnership, or association which is a party may be used by an adverse party for any purpose; (c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (1) that the witness is dead; or (2) that the witness resides at a distance more than one hundred (100) kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his absence was procured by the party offering the deposition; or (3) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (4) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (5) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used; and (d) If only part of a deposition is offered in evidence by a party, the adverse party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.
COURT INTERVENTION IN DEPOSITION TAKING Gen Rule: After answer, whether the deposition-taking is to be accomplished within the Philippines or outside, the law does not authorize or contemplate any intervention by the court in the process xpn: only if a party moves:
Remedial Law D i c h o s o | 12 1. to "enlarge or shorten the time" stated in the notice (Sec. 15, Rule 24), or 2. "upon notice and for good cause shown," to prevent the deposition-taking, or impose conditions therefor, e.g., that "certain matters shall not be inquired into" or that the taking be "held with no one present except the parties to the action and their officers or counsel," etc. (Sec. 16, Rule 24), or 3. to terminate the process on motion and upon a showing that "it is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party" (Sec 18, Rule 24).
REQUISITES OF MNT ON THE GROUND OF NEWLY-DISCOVERED EVIDENCE 1. The evidence had been discovered after trial; 2. The evidence could not have been discovered and produced during trial even with the exercise of reasonable diligence; and 3. The evidence is material and not merely corroborative, cumulative, or impeaching and is of such a weight that if admitted, would probably alter the result. (People vs. Li Ka Kim) PRJ is available ONLY to MTC & RTC; NOT on CA & SC (Sps. Mesina vs. Meer (383 SCRA)) The motion for reconsideration or new trial suspends the running of the period to appeal but does not extend the time within which an appeal must be perfected.
REQUISITES FOR THE EXECUTION OF A JUDGMENT PENDING APPEAL 1. A motion must be filed by the prevailing party with notice to the adverse party; 2. There must be good reasons for execution pending appeal; and 3. The good reasons must be stated in a special order. (City of Iligan vs. PMGI (407 SCRA))
CONCLUSIVENESS OF JUDGMENT / COLLATERAL ESTOPPEL / ESTOPPEL BY VERDICT Applies where, between the first case wherein judgment is rendered and the second case wherein such judgment is involved, there is no identity of causes of action; but that the issues be identical A former judgment between the same parties will be final and conclusive in the second if that same point or question was in issue and adjudicated in the first suit Test to identify identity of issues: whether the evidence necessary to sustain a judgment in the second action would have authorized a judgment for the same party in the first action. (Perez vs. CA, 464 SCRA) A final judgment may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact or law; and whether it will be made by the court that rendered it or by the highest court in the land. The only exceptions to this rule are: 1. the correction of clerical errors, 2. the so-called nunc pro tunc entries which cause no prejudice to any party, and 3. void judgments. (Biglang-Awa vs. Phil Trust Co, 550 SCRA (Rule 10-14 case#1))
MODES OF APPEAL FROM RTC a) Ordinary appeal or appeal by writ of error, where judgment was rendered in a civil or criminal action by the RTC in the exercise of its original jurisdiction (Rule 41); b) petition for review to CA, where judgment was rendered by the RTC in the exercise of its appellate jurisdiction (Rule 42); and
Remedial Law D i c h o s o | 13 c) Petition for review to the Supreme Court. (Rule 45) – only questions of law (Rule 56, Sec 5)
FINDINGS OF FACT BY CA, BINDING ON SC; EXCEPTIONS Gen Rule: When supported by substantial evidence, the findings of fact of the CA are conclusive and binding on the parties and are not reviewable by the SC. xpn : The exceptions are: 1. when the conclusion is a finding grounded entirely on speculation, surmises and conjectures; 2. when the inference made is manifestly mistaken, absurd or impossible; 3. where there is a grave abuse of discretion; 4. when the judgment is based on a misapprehension of facts; 5. when the findings of fact are conflicting; 6. when the Court of Appeals, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee; 7. when the findings are contrary to those of the trial court; 8. when the findings of fact are conclusions without citation of specific evidence on which they are based; 9. when the facts set forth in the petition as well as in the petitioners' main and reply briefs are not disputed by the respondents; and 10. when the findings of fact of the Court of Appeals are premised on the supposed absence of evidence and contradicted by the evidence on record (Campos vs. Pastrana, 608 SCRA 55)
FRESH DAY PERIOD RULE "fresh period" refers to the original period provided under the Rules of Court counted from notice of the ruling on the motion for reconsideration by the tribunal below, without deducting the period for the preparation and filing of the motion for reconsideration. It does not apply to: Rules 12 (Bill of Attainder) , 16 (MD) , 64 (PR of COA & COMELEC)
ONLY QUESTIONS OF LAW ON CERTIORARI; EXCEPTIONS Gen Rule: The well-entrenched rule in our jurisdiction is that only questions of law may be entertained by this Court in a petition for review on certiorari. xpn: This rule, however, is not iron-clad and admits certain exceptions, such as when: 1. the conclusion is grounded on speculations, surmises or conjectures; 2. the inference is manifestly mistaken, absurd or impossible; 3. there is grave abuse of discretion; 4. the judgment is based on a misapprehension of facts; 5. the findings of fact are conflicting; 6. there is no citation of specific evidence on which the factual findings are based; 7. the findings of absence of facts are contradicted by the presence of evidence on record; 8. the findings of the Court of Appeals are contrary to those of the trial court; (9) the Court of Appeals manifestly overlooked certain relevant and undisputed facts that, if properly considered, would justify a different conclusion;
Remedial Law D i c h o s o | 14 9. the findings of the Court of Appeals are beyond the issues of the case; and (11) such findings are contrary to the admissions of both parties. (Heirs of Domingo Hernandez, Sr. vs. Mingoa, Sr., 608 SCRA 394)
SPECIAL CIVIL ACTIONS REQUISITES OF DECLARATORY RELIEF [STARBA] 1. the subject matter of the controversy must be a deed, will, contract or other written instrument, statute, executive order or regulation, or ordinance; 2. the terms of said documents and the validity thereof are doubtful and require judicial construction; 3. there must be an actual justiciable controversy or the “ripening seeds” of one between persons whose interests are adverse; 4. the issue must be ripe for judicial determination; 5. there must have been no breach of the documents in question; and 6. adequate relief is not available through other means or other forms of action or proceeding A petition for declaratory relief cannot properly have a court decision as its subject matter (Reyes vs. Ortiz [2010])
REQUISITES FOR MANDAMUS TO PROSPER [RIDUMIN] (De Castro vs. JBC, 615 SCRA)
1. 2. 3. 4. 5.
the plaintiff has a clear legal right to the act demanded; it must be the duty of the defendant to perform the act, because it is mandated by law; the defendant unlawfully neglects the performance of the duty enjoined by law; the act to be performed is ministerial, not discretionary; and No appeal or any other plain, speedy and adequate remedy in the ordinary course of law.
GR: MR NECESSARY BEFORE RESORT TO CERTIORARI (65). EXCEPTIONS [SUNDALI] 1. the questions raised in the certiorari proceeding have been duly raised and passed upon by the lower court, or are the same as those raised and passed upon in the lower court 2. there is an urgent necessity for the resolution of the question, and any further delay would prejudice the interests of the Government or of the petitioner, or the subject matter of the action is perishable; 3. the order is a patent nullity because the court a quo had no jurisdiction; 4. the petitioner was deprived of due process and there is extreme urgency for relief; 5. in a criminal case, relief from an order of arrest is urgent and the grant of such relief by the trial court is improbable; 6. the issue raised is one purely of law or 7. public interest is involved 8. the proceedings in the lower court are a nullity for lack of due process; 9. the proceedings were ex parte or in which the petitioner had no opportunity to object; and 10. under the circumstances, a motion for reconsideration would be useless;
MATERIAL DATES REQUIRED TO BE STATED IN THE PETITION FOR CERTIORARI UNDER RULE 65 1. date of receipt of the notice of the judgment or final order or resolution; 2. date of filing of the motion for new trial or for reconsideration; and 3. date of receipt of the notice of denial of the motion.
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FORCIBLE ENTRY VS. UNLAWFUL DETAINER FORCIBLE ENTRY Possession by Def Illegal from the beginning. Ptif’s Prior Possession Required Demand Not Necessary Prescription 1 year from actual entry. Possession By force, intimidation, threat, stealth & strategy.
UNLAWFUL DETAINER Legal at beginning. Not required Necessary 1 year from LAST demand By contract or tolerance.
CIVIL VS. CRIMINAL CONTEMPT CIVIL CONTEMPT The failure to do something ordered by a court to be done for the benefit of a party. Civil contempt proceedings are generally held to be remedial and civil in their nature; that is, they are proceedings for the enforcement of some duty, and essentially a remedy for coercing a person to do the thing required; instituted by an aggrieved party, or his successor, or someone who has a pecuniary interest in the right to be protected. primarily compensatory or remedial
CRIMINAL CONTEMPT conduct directed against the authority or dignity of the court If the contempt is initiated by the court or tribunal exercising the power to punish a given contempt, it is criminal in nature, and the proceedings are to be conducted in accordance with the principles and rules applicable to criminal cases. The State is the real prosecutor purpose is primarily punishment
Whether the first (civil) or the second (criminal), contempt is still a criminal proceeding in which acquittal, for instance, is a bar to a second prosecution. The distinction is for the purpose only of determining the character of punishment to be administered.
OTHER NOTES: An interpleader is a compulsory counterclaim (Wack-wack Golf & Country Club vs. Lee Won,70SCRA) Quo warranto binds the person and not the office Quo warranto is not applicable against those usurping office in a private corporation The property sought to be expropriated may be titled in the name of the Republic of the Philippines, although occupied by private individuals (Asia’s Emerging Dragon vs. DOTC, 2008) Personal notice to the mortgagor in extra-judicial foreclosure proceedings is not necessary, hence, not a ground to set aside the foreclosure sale.
SPECIAL PROCEEDINGS SETTLEMENT OF ESTATE (RULE 73-90) As generally used in statutes fixing venue, the terms “residence” and “domicile” are synonymous, and convey the same meaning as the term “inhabitant.” It means personal, actual or physical habitation of a person, actual residence or place of abode. (San Luis vs. San Luis (514 SCRA)) There is nothing in Sec. 2 of Rule 80 requiring a special administrator to take possession of the estate only upon a prior finding that the heirs have been wasting properties of the estate which are in their possession.
Remedial Law D i c h o s o | 16 Grandchildren are not entitled to provisional support from the funds of the decedent’s estate. The law clearly limits the allowance to “widow and children” and does not extend it to the deceased’s grandchildren, regardless of their minority or incapacity. (Ruiz vs. CA [252 SCRA]) ORDER OF EXCLUSION/INCLUSION VS. ORDER OF COLLATION Order of Exclusion/Inclusion Order of Collation Interlocutory Order Final order (Rule 90 Sec. 2 Sec. 1 Rule 90) Made at the early stage of Made when the estates of the deceased were ready the proceeding, for the for partition and distribution (After debts of the inventory of the decedent’s estate have been paid & the net remainder of the estate estate have already been determined)
ESCHEATS: RECONVEYANCE VS. REVERSION Reconveyance the ultimate relief sought is for the respondent to “return” the subject property to him the essence is that the decree of registration is respected as incontrovertible Can be instituted by the private individual or government In an action for reconveyance filed by a private individual, the property does not go back to the State
Reversion ultimate relief sought is to revert the land back to the government under the Regalian doctrine. the land subject of the action originated from a grant by the government Can only be instituted by the government (generally Solgen) Property goes back to the State
ADOPTION The written consent of the biological parents is indispensable for the validity of a decree of adoption
HABEAS CORPUS The grant of relief in a Habeas Corpus (HC) proceeding is not predicated on the disappearance of a person, but on his illegal detention. Instances when Habeas Corpus is NOT available: • When forcible taking and disappearance -- not arrest and detention -- have been alleged • To assert one’s right to bail (Serapio vs. SB (396 SCRA)) • When the person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court (Sec. 4, Rule 102) • If the accused has only served the minimum of his sentence as he must serve his sentence up to its maximum term (OCA vs. Judge Puello (575 SCRA)) • to secure custody of a spouse, who voluntary chose not to cohabit with her (illusorio vs. Bildner)
WRIT OF AMPARO Kinds: [only #5 is not adopted in the Philippines] (1) amparo libertad for the protection of personal freedom, equivalent to the habeas corpus writ; (2) amparo contra leyes for the judicial review of the constitutionality of statutes; (3) amparo casacion for the judicial review of the constitutionality and legality of a judicial decision; (4) amparo administrativo for the judicial review of administrative actions; and (5) amparo agrario for the protection of peasants' rights derived from the agrarian reform process.
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CHANGE OF NAME AND CORRECTION OF ENTRIES IN THE CIVIL REGISTRAR The proceedings under Rule 108 are in rem. It may either be summary or adversary in nature: Summary if correction sought to be made in the civil register is clerical Adversary if correction sought to be made in the civil register is substantial (ex: rectification affects the civil status, citizenship or nationality of a party) Summons must still be served if proceeding is adversary, not for the purpose of vesting the courts with jurisdiction, but to comply with the requirements of fair play and due process. (Ceruila vs. Delantar [477 SCRA]) Republic Act No. 9048: AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF JUDICIAL ORDER Change of sex may be allowed when a person has Congenital Adrenal Hyperplasia (CAH), which is a condition where persons thus afflicted possess both male and female characteristics
CRIMINAL PROCEDURE WHO MAY FILE A COMPLAINT Gen Rule: by any person with the fiscal; Prosecution is commenced by the information filed by the fiscal. xpn: (Rule 110 Sec. 5) [CASALA] 1. Adultery and Concubinage (AC) Offended spouse, regardless of his/her age, as long as not incapacitated (yung hindi baliw) ed Must be a “spouse” at the time of the filing of the complaint (Regalado, 2009 , p. 303) 2. Seduction, Abduction, or acts of lasciviousness (SAA), in this order: a. Offended woman, of legal age and not incapacitated only she can file. Else, the ff: b. Parents c. Grandparents d. Guardians e. State 3. Defamation imputing to the person any of the CASAA [private libel tawag dito] Only the party/parties defamed. Other crimes can be prosecuted de oficio (e.g. rape, corruption of minor and white slavery) Death of offended spouse before the filing of complaint for adultery/concubinage bars further prosecution.
DUPLICITY OF THE OFFENSE Gen Rule: Complaint/information must charge only one offense xpn: 1. Complex crimes 2. Special complex crimes (ex: RPC Art 266-B, 267, 294, 297, 320) 3. Other offense stated only as a means of committing the other (re: principle of absorption) 4. Continuous crime or delito continuado 5. Crimes susceptible in being committed in various modes & the offense is committed in 2/more modes specified 6. Single act that violates different statutes or causes 2/more injuries 7. Allegations are merely different counts specifying the acts of perpetration of the same crime.
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AMENDMENT VS. SUBSTITUTION AMENDMENT May involve formal or substantial changes
SUBSTITUTION Necessarily involves a substantial change from the original change If made before plea, must always be with leave as original information has to be dismissed Another P.I. is needed and accused has to plead anew to the new information Presupposes that the new information involved a different offense which does not include or is not included in the original charge
If made before plea, can be effected without leave of court If made as to form, no need for new P.I. or retaking of plea Refers to the same offense charged in the original information/to an offense which necessarily includes or is necessarily included in the original charge DJ if made (1) over the objection of accused (2) No double Jeopardy (DJ)z after plea and (3) amendment is substantial Rule 110 sec 14 par 1 & 2 Rule 110 sec 14 par 2 & 3
BAIL (RULE 113, SEC 4 AND 5) MATTER OF RIGHT 1. Before or after conviction in MTC 2. Before conviction by RTC of an offense NOT punishable by death, RP, or Life Imprisonment 3. Before conviction by RTC of an offense punishable by death, RP or LI, when the evidence of guilt is NOT strong
DISCRETIONARY NOT AVAILABLE After conviction in RTC, where 1. GenRule: After judgment of conviction has the penalty imposed is either: become final 1. Not more than 6yrs, or xpn: Parole 2. [Requisites] – 2. After accused has commenced to serve a. above 6yrs but below 20 sentence (Sec. 24, Rule 113) yrs (below death, RP, or LI), 3. [Req] – a. Imprisonment exceeds 6 yrs, AND (Rule 113 sec. 5) AND b. Either of the circumstances is present*: b. NOT one circumstance in Rule 114 sec. 5 is present. • Accused is a recidivist (RPC Art 14(9)), quasi-recidivist (RPC Art 160), habitual delinquent (RPC Art 62(5)), or has committed the crime aggravated by reiteration (Art 14(10)) • Accused has previously escaped, evaded sentence, or has violated the terms of his bail without valid justification (RPC Art 157 to 159) • Accused committed the offense while under probation (P.D. 968), parole (Act 4103), or conditional pardon (Art 159) • Probability of flight if released on bail • Undue risk that he may commit another crime during pendency of appeal th
*The list is not exlusive! (Regalado 2009 ed, p.432)
4.
1.
offense punishable by death, RP, or LI, when 2 the evidence of guilt is strong.
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INSTANCES OF WARRANTLESS ARREST 1. In flagrante delicto arrests (Rule 113, sec. 5(a)) “When, in his presence, the person to be arrested (1) has committed, is (2) actually committing, or is (3) attempting to commit an offense” 2. Hot pursuit arrests (Rule 113, sec. 5(b)) “When an offense has just been committed & has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it” 3. Escape of prisoner/detained person (Rule 113, sec. 5(c)) “When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or as escaped while being transferred from one confinement to another” 4. When the person lawfully arrested escapes or is rescued (Rule 113, sec 13) 5. By the bondsmen, for the purpose of surrendering the accused (Rule 114, sec. 23) 6. Where the accused attempts to leave the country without permission from the court (R.114 s23)
GROUNDS FOR MOTION TO QUASH (RULE 117 SEC 3) [OJOPA FOE AP] (a) (b) (c) (d) (e) (f) (g) (h) (i)
Facts charged do not constitute an offense over the offense charged over the person of the accused The officer who filed the information had no authority to do so The complaint/info does not conform substantially to the prescribed form More than one offense is prescribed by law Criminal action or liability has been extinguished It contains averments which, if true, would constitute a legal excuse or justification Accused has been previously acquitted or convicted of the offense charged, or the case... (see )
The court trying the case has no
Jurisdiction
FORMER CONVICTION OR ACQUITTAL; DOUBLE JEOPARDY 1. Accused has been (either) (1) acquitted, (2) convicted, or (3) case against him was dismissed or otherwise terminated without his express consent 2. ...by a court of competent jurisdiction, uponz 3. ...a valid complaint, information or formal charge sufficient to sustain conviction, and after the 4. Accused has pleaded to the charge, 5. [2nd jeopardy takes place] another complaint/information is filed (either): [SAFIN] (a) For the same offense, or on an (b) Attempt to commit the same offense, or (the) (c) Frustration thereof, or for Gen Rule: (d) any offense which necessarily includes, or is (e) necessarily included in the offense (previously) charged. xpn: Accused may be prosecuted for [(d) & (e) ]/not a bar to another prosecution when: 1. Graver offense developed due to supervening facts, or the 2. Facts constituting the graver charge became known or were discovered only after the filing of the former complaint/information 3. Plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party xpn to this xpn only: Rule 116 sec. 1(f): Failure of offended party to appear.
Remedial Law D i c h o s o | 20 NEW TRIAL (RULE 121) REOPENING (RULE 119 SEC 24) Made after judgment, before finality Made before judgment is rendered Consent of accused is required Consent of accused is NOT required Made at the instance or with the consent Made at the instance of either party of the accused
INSTANCES OF WARRANTLESS SEARCH 1. 2. 3. 4.
search incident to a lawful arrest; check point (search of a moving motor vehicle) must be limited to visual search only search in violation of fishing, customs, and immigration laws; seizure of the evidence in plain view; b. Prior valid intrusion c. Evidence was inadvertently discovered d. Evidence must be immediately apparent e. “plain view” justified the seizure of evidence w/o any further search 5. search when the accused himself waives his right against unreasonable searches and seizures; 6. “stop and frisk” limited to an arms length; and 7. exigent and emergency circumstances1
EVIDENCE BEST EVIDENCE RULE (Rule 130 sec. 3) When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself, except in the following cases: a. When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror; b. When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice; c. When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole; and d. When the original is a public record in the custody of a public officer or is recorded in a public office.
BURDEN OF PROOF VS. BURDEN OF EVIDENCE BURDEN OF PROOF Does not shift (remains throughout the trial with the party upon whom it is imposed) Generally determined by the pleadings field by the party
1
People v. Sarap G.R. No. 132165, March 26, 2003
BURDEN OF EVIDENCE Shifts from party to party depending upon the exigencies of the case in the course of trial Determined by the developments at the trial, or provisions of substantive/procedural rules (presumptions, judicial notice, & admissions)
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PAROLE EVIDENCE [FIVE] (Rule 130 Sec 9) When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement. However, a party may present evidence to modify, explain or add to the terms of written agreement if he puts in issue in his pleading: (b) The failure of the written agreement to express the true intent and agreement of the parties thereto; (a) An intrinsic ambiguity, mistake or imperfection in the written agreement; (c) The validity of the written agreement; or (d) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement **The term "agreement" includes wills.
MARITAL PRIVILEGE VS. MARITAL DISQUALIFICATION RULE MARITAL PRIVILEGE (SEC 24(A)) Can be claimed Won spouse is a party to the action Can be claimed even after marriage has been dissolved Applies only to confidential information between spouses Objection is made when the question is asked
MARITAL DISQUALIFICATION (SEC 22) Can only be invoked if one of the spouses is a party to the action Applies only if marriage is existing at the time the testimony is offered Constitutes a total prohibition Can object when called to the witness stand
EXCEPTIONS TO THE HEARSAY EVIDENCE RULE [DIAPER CORD T] 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
Dying Declaration Declaration against interest Act or declaration about pedigree Family reputation or tradition regarding pedigree Entries in the course of business Common Reputation Commercial lists and the like Entries in official records Part of res gestae Testimony or deposition at a former proceeding Learned treaties
LEADING QUESTIONS; XPNS [CUPAD] Generally not allowed. Exceptions: a. Cross-examination b. Unwilling or hostile witness c. Preliminary matters d. Witness is an Adverse party or an officer, director, or managing agent of a public or private corporation, or of a partnership or association which is an adverse party e. When there is difficulty in getting direct and intelligible answers from a witness who is ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute
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DOCTRINES SUMMARY DOCTRINE OF PRIMARY JURISDICTION
Courts will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal
DOCTRINE OF ADHERENCE OF JURISDICTION
Once jurisdiction has attached, it cannot be ousted by subsequent happenings or events, although of a character which would have prevented jurisdiction from attaching in the first instance. The court, once jurisdiction has been acquired, retains that jurisdiction until it finally disposes of the case (Bantua vs. Mercader, 350 SCRA 86)
DOCTRINE OF THE LAW OF THE CASE
A decision that has attained finality becomes the law of the case regardless of any claim that it is erroneous.
DOCTRINE OF INDEPENDENTLY RELEVANT STATEMENTS
A witness may testify to the statements made by a person if they are the facts in issue, or are circumstantial evidence of the facts in issue and independent of whether the facts stated are true. [kung sinabi ba, hindi kung totoo yung sinabi]
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