Remedial Law RJ

7/30/2019 Remedial Law RJ

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REMEDIAL LAW

Recent Jurisprudence

CIVIL PROCEDURE

Payment of Filing Feeso Sun Insurance Corp Case, 1989: whatever award is given in excess of whatwas prayed foryou have to pay for the filing fees for that; becomes a first

lien on the judgment.

o La Sallete Case, 2003: the payment of docket fees is NO longer jurisdictional,but it is MANDATORY; consider the circumstances for the rule to be relaxed.

o Jurisdiction is not acquired but conferred by laweither BP129 orRA7691depending on what law was enforced at the time of the filing of the

complaint.

o If you do not pay the filing fees, the court still has an option to give theplaintiff period of time to pay the docket fees. Failure of the plaintiff to pay

within such time warrants dismissal of the case. Same with appellate court

docket fees.o Remedy of the plaintiff when his case is dismissed because of non-payment

MR If MR denied, re-file complaint When you re-file, pay the docket fees: re-file within the prescriptive

period of the action.

o Payment of filing fees is not required in COMPULSORY COUNTERCLAIMS(2008 SC Circular)

Korea Technologies Case, 2009: dismissal of the case because of non-payment of filing fees

SC Circular: payment of filing fees for compulsory counterclaims isstill suspended

o Doctrine of Adherence of Jurisdiction: Once jurisdiction is conferred bylaw at the time of the commencement of the action, that jurisdiction remains

with that court until the termination of the case, irrespective of subsequent

amendatory laws. Except when the amendatory law provides for retroactive

application. Applies to both civil and criminal cases.

CNFS as part of the pleadingo Initiatory pleadingmust contain CNFSo Substantial compliance rulemay not be applied to the existence itself of

CNFS; may only refer with the respect to the contents of the CNFS that you

only filed the case before that court

o Plaintiff is an individual personno problem with signing of CNFSo Plaintiff is a corporationcan only act through its Board of Directors

The signatory must be specifically authorized through a boardresolution.

Cagayan Drug Valley Corp Case, 2008: officers exempt from boardresolution:


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Chairman of the Board President of the Corporation GM or Acting Manager or Industrial Manager Personnel Officer (HR Department) Employment Specialist in Labor Cases

Amended Pleadingo Supersedes the pleading it amendso What if the original pleading contain admissions? Can these admissions be

used against the pleader?

YES, under the rules, but the provisions contain the word MAY Hence, it must first be proved before being admitted in the records of

the case, since the admission in the original pleading is considered

extra-judicial admission.

Same with the rule that when the judicial admissions used in case #1will be used in case #2, these admissions would still need proof before

being admitted into the case.

Depositions Before Action or Pending Appealo Perpetuation of testimony: preservation of known testimony from danger of

loss or destruction

Deposition on Oral Examination: it is as if the witness is on the witness stand; noticeto the adverse partyopportunity for him to cross-examine the witness. If the

adverse party, despite notice, does not attend, then cross-examination is considered

waived.

Deposition on Written Interrogatories: DWI is a mode of deposition taking;o Written direct, written cross, written re-direct, written re-crossserved

with the person to be deposed

o Different from Rule 25 Interrogatories to Parties: a separate mode ofdeposition; person must give an answer within 15 days from service of

interrogatories

o As long as the witness can come to court, his previous deposition will be setaside

Request for Admission: must be served on the person on whom admission isrequested and filed with court

o Answer to request for admission is also filed in courtif the answer to therequest contains admissions and it is filed in court, these admissions become

judicial admissionsconclusively binds the person making the admissions.

o No answer to request for admission is filed: considered implied admissionconclusively binds the person, as if you made a written admission

Production of Books, Papers..


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o As a matter of discretion/pending appeal: has NOT yet attained finality; mustbe set for hearing with notice to the adverse party; prevailing party files for a

motion for execution pending appeallitigious motionnotice and hearing

is still required. Court cannot grant the motion without stating a good reason.

Finality of judgment for purposes of appeal: all incidents have beenresolved, hence proper for appeal

Finality of judgment for purposes of execution: no appeal taken fromthe judgment

Illustration Judgment/Decision

o P: receives the judgment on July 10; July 25 to appeal Files motion for execution on July 12

o R: receives the judgment on July 01; July 16 to appeal Files notice of appeal on July 05

o The fact that R filed his notice on appeal within his ownperiod, P is not precluded from filing his own remedy

within his own period. Hence, the court can still act onthe motion for execution filed on July 12, even if appeal

has been perfected on July 05.

o If P files motion for execution on July 27, court cannotact on the motion anymore.

o Court only loses jurisdiction on the case only upon theperfection of appeal on both sides.

Can you stay execution of judgment? R42, S8 Par. B. Illustration: Case is under Rule on Summary Procedure

o MTC RTC via Notice of Appeal, can you stay executionof judgment of MTC? YES! Post supersedeas bond,

rental deposit as may be adjudged.o RTC affirms MTC CA via Petition for Review R42, can

you stay execution of judgment of RTC? NO! It is

immediately executory.

Illustration: Case is under regular ruleso MTC RTC via Notice of Appeal, can you stay execution

of judgment of MTC? YES! Post supersedeas bond.

o RTC affirms MTC CA via R42, can you stay executionof judgment of RTC? YES! Unless CA orders otherwise

o As a matter of right: lapse of 15 days when no appeal taken, judgmentbecomes final

Within a period of 5 years from finality of judgmentexecution bymotion

Date of finality is the date of entry Failed to execute by motion within 5 years, the judgment becomes

dormant but you can still have the judgment executed via an action to

revive (independent action for purposes of execution).


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After the judgment has been revived, you have another 5 years withinwhich to execute the judgment by motion. If you still failed to execute,

judgment becomes dormant again and you can file another action for

revival.

Action for revival is considered an original action, separate from theother action.

Where to file action for revival: follow normal rules on venue. Aran Builders Case: originally decided by Makati RTC (real

action); real property involved is in Muntinlupa, because

theres no Muntinlupa RTC yet when case was first filed. Action

for revival should be filed in Muntinlupa RTC, since it exists

already and the case is a real action.

o R39 S10 Par B: Removal of improvements on property subject of executiononly upon special orderonly instance when a special break open order is

necessary. Otherwise he will be charged with other forms of trespass.

o Summary Procedure Forcible entry and unlawful detainer: NO NEED for special break

open order. Because the writ of execution has already the nature to

evictimmediate possession of real property.

Third Party Claim: in the course of the execution of the judgmento R39 Execution: vindicate claim in a separate action; cannot intervene

anymore because judgment is final already. Execution na nga eh.

o R57 Preliminary Attachment/R60 Replevin (ProvRem) Same action: motion for intervention R19, since no judgment yet, you

can intervene anytime before judgment is rendered Separate action

Rule 45o May include an application for a writ of preliminary injunction or other

provisional remedies via a verified motion filed in the same action or

proceeding

Rule 65o SC may still receive petitions for certiorari but the petitioner must observe

judicial hierarchy first.

o As long as theres no TRO or Preliminary Injunction issued through petitionfor certiorari, proceedings will still have to proceed

No more Eternal Gardens Case: judicial courtesyno longercontrolling

To stop proceedings, you have to file for and secure TRO orpreliminary injunction together with your petition for certiorari


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o 10 days from filing absent any TRO or preliminary injunction, the judge hasthe proceed

CRIMINAL PROCEDURE

Rule 110: Prosecution of Offenseso Starts with the institution/filing of the complaint with the fiscals officeo For purposes of a preliminary investigation, in order to determine probable

cause to indict

o In the last paragraph of Sec. 1: embodies doctrine laid down in Zaldivia vReyes (1992)interruption of period of prescription of the offense

chargedupon filing of the complaint before the fiscals office, including light

offenses

o Qualifying and aggravating circumstances: to be appreciated in thedetermination of imposable penalty and award of damages, these

circumstances must be both alleged in the information and proved during

the trial

Exception re: award of exemplary damages: Pp v Dalisay, 2009qualifying and aggravating circumstances were NOT alleged but

PROVED Court still granted exemplary damages, in the light of the

nature of the conduct of the accused at the time of the commission of

the offense (heinous, odious, hateful, despicable)Super bad siya.

Ang bad bad niya.

o Probable cause to indict: to determine whether a crime has been committedand the accused is probably guilty thereof EXECUTIVE FUNCTION: only

the fiscal who can determine probable cause to indict

vs. Probable cause to issue warrant of arrest: information has alreadybeen filed in court, to determine whether accused should be held

JUDICIAL FUNCTION: only the judge who can determine probablecause to issue warrant of arrest

Allado v Diokno, 2004: Judge should have independent evaluation,and not rely on the evaluation of the fiscal, in determining probable

cause to issue a warrant of arrest. BUT THIS IS ONLY EXCEPTIONAL.

Pp v Castillo, 2009: If the judge finds, upon a thorough andindependent evaluation of evidence, no probable cause to issue

warrant of arrest, judge can dismiss the case but without prejudice.

Judge cannot substitute his evaluation (probable cause to issue

warrant of arrest) with that of the fiscal (probable cause to indict

accused).

Leviste v Almeda, 2010: Once information is filed with court, it is theobligation of the court to determine probable cause to issue a warrant

of arrest. Court does not need a motion to determine probable cause,

because that is its obligation (Crespo Ruling, reiterated in Serezo

Case).

DOJ Secretary cannot order judge to dismiss the case, when the DOJSecretary finds no probable cause to indict. The most s/he can do is to


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order the trial prosecutor to file a motion to withdraw, subject to

courts discretion.

Rule 112o On appeal, the prosecutor does not handle the case anymore. It is the SolGen

who will represent the people on appeal.

Rule 114: Bailo Security given for the release of the person in the custody of the lawo Condition for grant of bail: arraignment of the accused CANNOT and

SHOULD NOT BE DONE, because it would be unfair, especially if the accused

is charged with a bailable offense.

If accused jumps bails before arraignment, the case will be sent to thearchives. Court needs to issue another warrant of arrest in order to

obtain jurisdiction over the person of the accused again. But it did not

lose jurisdiction of the case.

Courts ask this as a condition for grant of bail, so that it can proceedwith trial in absentia in case accused jumps bail.

Lavides v CA: It would place the accused in a position where he has tochoose

Motion to quash and thus delay the release on bail Arraignment at once and thereafter be released on bail

As long as the accused has been charged with a bailable offense, theaccused has the right to post bail

o Where to file bail:1. Either in the court where case is pending, or in case of absence of

judge where the case is pending, with the RTC, METC, MTC; or

2. Where he is arrested in a place different from where case is pending(with RTC of said place; if no RTC, with METC or MTC)

o Right to bail after conviction: After conviction, presumption of innocenceterminates and the constitutional right to bail ends. From there on, the grant

of bail is subject to judicial discretion. Hence, bail becomes a matter of

discretion upon the court after conviction.

o Bail negating circumstances: application for bail is denied Recidivist, Quasi-Recidivist, Habitual Delinquent, Committed Offense

with Reiteracion/Habituality

Escaped from penal establishment Evaded service of sentence Violation of conditional pardon, probation, parole Flight risk Undue risk that he will commit another crime when released on bail

o None of these bail negating circumstances are present: Court should NOTautomatically grant bail because it is still subject to courts discretion to

grant/deny bail after conviction.


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o RA 9344: Juvenile Justice Act: for purposes of determining the amount of bailto be given to a child committed with discernment; consider circumstances

so that the amount can be lowered

Pre-Trial Conferenceo To limit the issues, propose facts for stipulations/admissionso If the matter has already been stipulated/admitted, you dont litigate

anymore

o If both parties failed to agree, they cannot ask the court to forego pre-trialconference, because it is still mandatory!

o Parties come to an agreement for expediting the resolution of the case Judicial affidavit to be used as direct testimony must be jointly

agreed upon

One-day examination of the witness rule: if both parties agree, theycannot defer cross-examination to a later date

Material witness rule Speedy Trial Act

o Trial to be completed within 180 days from first day of trialo Exceptions

Criminal cases under Summary Procedure RA4908: Person about the depart from the Philippines, without

definite date of return

RA7610: Child abuse cases, except election cases and habeas corpuscases

Dangerous Drugs Law Kidnapping Robbery in Band Robbery against Bank or Financial Institution Carnapping or other heinous crimes Trial is continuous (mandatory) for 60 days, judgment to be rendered

within 30 days from submission for decision

o Remedy against denial of right of accused to speedy trial MOTION TO DISMISS

Dimissal amounts to, is tantamount to, operates as acquittalDOUBLE JEOPARDY sets in

Where fiscal secures postponement of the trial without good causebeyond reasonable length of time with objection of the accused

MANDAMUS to compel dismissal of the information; HABEAS CORPUS

if accused is detained

Rule 111: Prosecution of Civil Actiono Implied institution of civil with criminal NOT every civil action is impliedly

instituted with the criminal action


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Only the civil action based on or flowing from the crime subject of theaction will be impliedly instituted with the criminal action.

Nexus/connection should be established.

Unless there is waiver, reservation or prior institution EXCEPTION to the IMPLIED INSTITUTION

Pp v Bayotas: Accused dies during the pendency of the action. Was his criminal liability extinguished? YES, because he dies

before judgment.

Was his civil liability extinguished? Only the civil liabilityextinguished if he died before judgment is the civil liability

arising from the crime committed (nexus/connection). If its

based elsewhere, it can be prosecuted separately.

Pp v Binay, 2010: The death of the accused likewise extinguishes thecivil liability that is based exclusively on the crime for which the

accused was convicted, because no final judgment has been rendered

at the time of his death.

o Prejudicial Question: previously instituted civil action (ahead of the criminalaction) is determinative whether the criminal action can proceed;

Resolve civil action first, before attending the criminal action; Prejudicial Question is exception to the preference of the criminal

action over civil action.

Tenebro Doctrine: first marriage is subsisting; subsequent marriage. Action for declaration of nullity of second marriage on the

ground of psychological incapacity

Bigamy filed by first wife. Is there prejudicial question? NO, because as long as the first

marriage is subsisting and you contracted a second marriage

without judicial declaration of nullity of the first marriage,

bigamy has already been consummated.

Demurrer to Evidence in Criminal Caseso Order denying leave of court for demurrer to evidence and motion for

demurrer to evidence itself is denied NOT APPEALABLE, present your

evidence already

o No leave of court, or denied leave of court, to file demurrer of evidence andmotion for demurrer to evidence is denied no right to present evidence

o Demurrer to evidence = nature of a motion to dismiss = acquittal NOTAPPEALABLE

o Reversal of order/judgment of acquittal Rule 65, Certiorari Neypes Doctrine in Criminal Cases

o Yu v Samson-Tatad, 2011: Neypes ruling is applicable in criminal cases,where law does not distinguish, you should not distinguish


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Double Jeopardyo Jason Ivler Case, 2010: Reckless imprudence resulting in homicide and

damage to property. Reckless imprudence resulting in physical injuries.

Both information resulted from same act Homicide and damage to property was first filed, than physical

injuries. Why split? Art. 48one act producing 2 or more grave or less grave

felonies. But since both crimes charged were light offenses only, the

information was split.

Physical injuries: pleaded guilty No imprisonment, convicted. Homicide and damage to propertyMoved to quash because it would

result in double jeopardy

Art. 48 (what is penalized is the act) is NOT applicable to criminalnegligence (Art. 365) what is penalized is NOT the act but the

mental attitude behind the act

Double jeopardy already attached, hence he cannot be prosecuted inthe second case (reckless imprudence resulting in homicide anddamage to property)

EVIDENCE

o Judicial Noticeo Mandatory Judicial Notice: MEMORIZE THESEo Discretionary Judicial Notice

Notoriety: matter of common or public knowledge, well andauthoritatively settled, and within the jurisdiction of the court that

takes judicial notice of it

o Res inter alios acta ruleo Applies only in extra judicial admissions/confessionso Comiling Case: confession in open court; res inter alios acta rule was

invoked Court said it cannot be invoked

o Electronic Evidenceo Ang v CA, 2010: MMS received with a scandalous picture of the woman

Boyfriend was charged with VAWC Electronic evidence = it should still be authenticated SC: You are prosecuted for VAWC (criminal action); Electronic

evidence is only applicable to civil cases, administrative cases and

quasi-judicial cases

o Ho Wai Ting Case, 2011: extra judicial confession inadmissible because he wastortured into signing the confession and hence, a violation of his Miranda rights

o SC: only the extra judicial confession is INADMISSIBLE. But with respect toother pieces of evidence obtained during custodial interrogation, these will

not be affected by the inadmissibility of the confession, as long as they are

relevant and competent; hence, admissible.

o Any evidence to be admissible, it must be both relevant and competento Best Evidence Rule: applies when the subject of the inquiry pertains to the

contents of the document, hence the original should be presented


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Remedial Law RJ

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