BAR FINGERTIPS

BASED ON THE 2023 BAR SYLLABUS

CRIMINAL LAW
I. Book I [Articles 1-99 of the Revised Penal Code (RPC)]

A. General Principles 1
1. Mala In Se and Mala Prohibita 1
2. Scope and Characteristics 1
a) Generality 1
b) Territoriality 1
c) Prospectivity 1
3. Pro Reo Principle 1
4. Ex Post Facto Law 1
5. Interpretation of Penal Laws 1
6. Retroactive Effect of Penal Laws 1

B. Felonies 1
1. Criminal Liabilities and Felonies 1
a) Classifications of Felonies 1
b) Aberratio Ictus, Error In Personae,
and Praeter Intentionem 1
c) Elements of Criminal Liability 2
d) Impossible Crime 2
e) Stages of Execution 2
f) Continuing Crimes 2
g) Complex Crimes and Composite Crimes 2

2. Circumstances affecting Criminal Liability 2

a) Justifying Circumstances 2
b) Exempting Circumstances 3
c) Mitigating Circumstances 3
d) Aggravating Circumstances 3
e) Alternative Circumstances 4
f) Absolutory Causes 4

3. Persons Liable and Degree of Participation 4

a) Principals, Accomplices, and Accessories 4
b) Conspiracy and Proposal 4
c) Multiple Offenses (Differences, Rules, Effects) 5
(1) Recidivism 5
(2) Habituality (Reiteracion) 5
(3) Quasi-Recidivism 5
(4) Habitual Delinquency 5
 d) Decree Penalizing Obstruction of Apprehension
and Prosecution of Criminal Offenders 5

C. Penalties 5
1. Imposable Penalties 5
2. Classification 5
3. Duration and Effects 5
4. Application 6
(a) Subsidiary Imprisonment 6
(b) Indeterminate Sentence Law 7
5. Graduation of Penalties 7
6. Accessory Penalties 7

D. Execution and Service of Sentence 7

1. Three-Fold Rule 7
2. Probation Law 7
3. Juvenile Justice and Welfare Act 7
4. An Act Adjusting the Amount or the Value of Property and
Damage on Which a Penalty is Based and the Fines
Imposed Under the Revised Penal Code 8
5. Community Service Act 8

E. Extinction of Criminal Liability 8

1. An Act Amending Articles 29, 94, 97-99 of the RPC 8

F. Civil Liabilities in Criminal Cases 9

II. Book II (Articles 114-365 of the RPC) and Related Special Laws
A. Crimes Against National Security and Laws of Nations 9
1. Anti-Piracy and Anti-Highway Robbery 9
a) Definition of Terms 9
b) Punishable Acts 10

2. Anti-Terrorism Act of 2020 10

a) Punishable Acts of Terrorism 10
b) Who are Liable 10
c) Surveillance of Suspects and Interception and
Recording of Communications 10
d) Detention Without Judicial Warrant 10
e) No Torture or Coercion in Investigation
and Interrogation 10

B. Crimes Against the Fundamental Laws of the State 10

1. Anti-Torture Act of 2009 10
a) Acts of Torture 11
b) Who Are Criminally Liable 11
C. Crimes Against Public Order 11
1. Comprehensive Firearms and Ammunition Regulation Act 11

D. Crimes Against Public Interest 12

E. Crimes Relative to Opium and Other Prohibited Drugs 12

1. Comprehensive Dangerous Drugs Act of 2002 12

F. Crimes Against Public Morals 13

1. Anti-Gambling Act 13
a) Definition of Terms 13
b) Punishable Acts 13

G. Crimes Committed by Public Officers 14

1. Anti-Graft and Corrupt Practices 14
a) Definition of Terms 14
b) Corrupt Practices of Public Officers 14
c) Prohibition on Private Individuals 15
d) Prohibition on Certain Relatives 15
e) Exceptions 15

2. Anti-Plunder Act 15
a) Definition of Terms 15
b) Definition of Crime of Plunder 16
c) Series and Combination 16
d) Pattern 16

3. Prohibition of Child Marriage Law 16

a) Facilitation of Child Marriage by Public Officer 16

H. Crimes Against Persons 16

1. Anti-Trafficking in Persons Act of 2003 16
a) Acts of Trafficking in Persons 16
b) Acts that Promote Trafficking in Persons 16
c) Qualified Trafficking in Persons 17

2. Anti-Violence Against Women and Their

Children Act of 2004 18
a) Definition of Terms 18
b) Acts of Violence Against Women and
Their Children 18
c) Protection Orders 18
d) Battered Woman Syndrome as a Defense 19

3. Anti-Child Pornography Act of 2009 19

a) Definition of Terms 19
b) Unlawful or Prohibited Acts 19
 4. Special Protection of Children Against Child Abuse,
Exploitation, and Discrimination Act
(RA 7610, as amended) 19
a) Definition of Terms 19
b) Child Prostitution and Other Sexual Abuse 19
c) Attempt to Commit Child Prostitution 20
d) Child Trafficking 20
e) Attempt to Commit Child Trafficking 20
f) Obscene Publication and Indecent Shows 20
g) Employment of Children 20

5. Prohibition of Child Marriage Law 20

a) Definition of Terms 20
b) Unlawful Acts 20
c) Public Crimes 21

6. An Act Providing for Stronger Protection Against Rape

and Sexual Exploitation and Abuse, Increasing the Age
for Determining the Commission of Statutory Rape 21
a) Amendment on Rape 21
b) Amendment on Qualified Seduction 21

I. Crimes Against Personal Liberty and Security 21

1. Cybercrime Prevention Act of 2012 21
a) Cybercrime Offenses 21
b) Other Offenses 22

J. Crimes Against Property 22

1. Anti-Fencing Law 24
a) Fencing 24
(1) Definition 24
(2) Presumption of Fencing 24
b) Exception 24
(1) With Clearance or Permit to Sell 24

K. Crimes Against Chastity 24

1. Anti-Photo and Video Voyeurism 24
a) Definition of Terms 24
b) Prohibited Acts 25

2. Special Protection of Children Against Child Abuse,

Exploitation, and Discrimination Act 25
a) Child Prostitution and Other Acts of Abuse 25
(1) Compare Prosecution for Acts of
Lasciviousness Under Art. 366,
RPC, and RA 7610, as amended 25
L. Crimes Against the Civil Status of Persons 26

M. Crimes Against Honor 26

1. Cybercrime Prevention Act of 2012 26
a) Libel 26

N. Criminal Negligence 26
 BAR FINGERTIPS
Based on the 2023 BAR Syllabus

CRIMINAL LAW
GENERAL PRINCIPLES INTERPRETATION OF PENAL LAWS
Penal laws are penal laws are to be construed strictly against the State
Mala in se - Liability would only arise when there is deceit or fault in the and liberally in favor of the accused.
commission of the punishable act.
Mala prohibita - It is enough that the prohibited act be voluntarily done. EQUIPOISE RULE
● When the evidence may be interpreted for innocence or for guilt of the
Scope and Characteristics accused, resolve in favor of the accused.
(1) Generality: Penal laws and those of public security and safety shall
be obligatory upon all who live or sojourn in the Philippine territory.
RETROACTIVE EFFECT OF PENAL LAWS
ART. 14, CC GR: Penal Laws shall have a retroactive effect insofar as they favor the
persons guilty of a felony Art. 22, RPC.
Exceptions: EXC: The new law cannot be given retroactive effect even if favorable to
● Treaty stipulations and international agreements; the accused:
(Ibid.) (a) When the new law is expressly made inapplicable Tavera v. Valdez,
● Laws of preferential application; ART. 2, RPC; and G.R. No. 922 [1902].
● Principles of Public International Law. (Ibid.) (b) When the offender is a habitual delinquent as defined in Rule 5 in
(2) Territoriality: The penal laws have the force and effect only within Art. 62 of RPC Art. 22, RPC.
its territory. ART. 2, RPC
Exceptions: FELONIES
● Treaties; (Ibid.) and
● Laws of preferential application. (Ibid.) CRIMINAL LIABILITIES AND FELONIES
(3) Prospectivity: Crimes are punished under the laws in force at the a) Classification of Felonies
time of their commission. ARTS. 22 & 366, RPC
Exception: New law is favorable to the accused. ART. 22, RPC
Exceptions to the Exception: Grave Those which the law attaches capital punishment or
Felonies penalties which in any of their periods are afflictive.
● The new law is expressly inapplicable to pending
actions or existing causes of actions. Tavera v.
Valdez, G.R. No. 922 [1902]
● The offender is a habitual criminal. ART. 22, RPC
Less Grave Those which the law punishes with penalties which
(1) FRENCH RULE Felonies in their maximum period are correctional.
GR: Crimes committed on such vessels while on the waters of
another country are not triable
EXC: Unless these affect the peace and security that state or its
safety endangered; Light Those infractions of law where the penalty of arresto
(2) ENGLISH RULE Felonies menor or a fine not exceeding ₱40,000 or both is
GR: Such crimes are triable in that country provided.
EXC: Unless they merely affect the internal management of the
vessel.
b) Aberratio Ictus, Error In Personae, and Praeter Intentionem
PRO REO PRINCIPLE
● When in doubt, rule for the accused. People v. Pagal, G.R. No. 241257,
[2020] Mistake in the blow.

EX-POST FACTO LAW Aberratio Ictus

A law is said to be ex post facto when:
● it penalizes as a public offense an act which was not at the time The penalty is prescribed in Art. 48.
of its commission;
● it aggravates or makes a crime greater than it was when
committed;
● it changes the punishment and inflicts a greater on than the law
annexed to the offense when committed, or Mistake in the identity of the victim.
● when it requires less testimony or evidence than the law
required at the time of the commission of the offense.

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● Violation of B.P. Blg. 22;
Error in Personae ● Rebellion, subversion, conspiracy or proposal to commit such
The penalty is prescribed in Art. 49. crimes, and crimes or offenses committed in furtherance
thereof or in connection therewith;
● The act of denying support to a child under R.A. 9262;
● The theft of six roosters belonging to two different owners from
The injurious result is greater than that the same coop and at the same period of time;
intended. ● Forcible abduction with rape;

Praeter COMPLEX CRIMES AND COMPOSITE CRIMES

Intentionem
A. Complex Crimes: An offense necessary for committing the
The liability is mitigated under Art. 13. other.
(a) Delito compuesto (Compound Crime): A single act
that constitutes two or more grave or less grave
felonies; Singularity of criminal act
ELEMENTS OF CRIMINAL LIABILITY (b) Delito complejo (Complex Crime Proper): An
Criminal liability is incurred: offense as a necessary means for committing the
a. By any person committing a felony (delito) although the other; Singularity of criminal impulse.
wrongful act done be different from that which he intended.
b. By any person performing an act which would be an offense Examples:
against persons or property, were it not for the inherent ● Delito Compuesto: When a single bullet results in the death of
impossibility of its accomplishment or on account of the two or more persons.
employment of inadequate or ineffectual means. (Revised Penal ● The single act of throwing a grenade at President Roxas
Code, Article 4) resulting in the death of another person and injuring four others
produced the complex crime of murder and multiple attempted
IMPOSSIBLE CRIME murders.
An act which would be an offense against person or property were it not ● The single act of burning the house with the main objective of
for the inherent impossibility of its accomplishment. killing, resulted in the complex crime of double murder.
Requisites: Notes:
(1) The act performed would be an offense against persons or property; ● The penalty for complex crimes is that imposed for the most
(2) The act was done with evil intent; serious crime, to be applied in its maximum period.
(3) Its accomplishment is inherently impossible, or that the means ● In a complex crime, two or more crimes are actually committed,
employed is either inadequate or ineffectual; and however, in the eyes of the law and in the conscience of the
(4) The act performed should not constitute a violation of another offender they constitute only one crime, thus, only one penalty
provision of the Revised Penal Code. is imposed.
● When various victims expire from separate shots, such acts
Nature of Impossibility constitute separate and distinct crimes, not a complex crime.
● Physical Impossibility
● Legal Impossibility B. Composite Crimes
● Also known as a special complex crime;
Composed of two or more crimes but is treated by
STAGES OF EXECUTION
law as a single indivisible offense arising from one
● Consummated felony: When all the elements necessary for its
criminal impulse; and
execution and accomplishment are present.
● A specific crime with a specific penalty provided by
● Frustrated felony
law.
(1) All the acts of execution that would produce the felony are
performed Examples:
(2) but the felony is not produced ● Robbery with homicide;
(3) by reason of causes independent of the will of the ● Robbery with rape;
perpetrator. ● Robbery with serious physical injuries;
● Attempted stage ● Robbery with intentional mutilation;
(1) The offender commences the commission of a felony directly ● Attempted or frustrated robbery with homicide;
by overt acts, and ● Rape with homicide;
(2) does not perform all the acts of execution which should ● Attempted rape with homicide;
produce the felony ● Kidnapping and serious illegal detention;
(3) by reason of some cause or accident other than his own ● Kidnapping with serious physical injuries.
spontaneous desistance. Art. 6, RPC
JUSTIFYING CIRCUMSTANCES
CONTINUING CRIMES (ART. 11, RPC)
● Also called as continued or continuous crimes or delito continuado.
● Consists of several crimes but in reality there is only one crime in JUSTIFYING CIRCUMSTANCES
the mind of the perpetrator. ● The person is not deemed to have transgressed the law and is free
● Although there is a series of acts, there is only one crime from both criminal and civil liability. Tamboong v. People, G.R.
committed; hence, only one penalty shall be imposed. No.158057, September 24, 2004
Examples of Continuing Crimes:
● Unfair competition;

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Self-Defense Immediate vindication of a grave offense
Requisites: Elements:
(1) Unlawful Aggression: An actual physical assault or at least a threat (1) A grave offense has been committed;
to inflict real imminent injury. (2) Such offense is done to:
(2) Reasonable necessity of the means employed to prevent or repel it: (a) the one committing the felony,
Course of action taken by the person making the defense, and (b) his spouse,
means used. (c) ascendants,
(3) Lack of sufficient provocation on the part of the person defending (d) descendants,
himself. Art. 11(1), RPC (e) legitimate, natural or adopted brothers or sisters or
(f) relatives by affinity within the same degree; and
Fulfillment of Duty or Lawful Exercise of Right or Office (3) The offender acts in vindication of such grave offense. Art. 13(5),
Requisites: RPC
(1) The accused acted in the performance of a duty or lawful exercise of Note: No immediate vindication of a grave offense when the accused had
a right or office; and sufficient time to recover his serenity. People v. Emilio D. Santos, G.R. No.
(2) The offense committed be the necessary consequence of the due 99259-60 [1996]
performance of duty. People v. Oanis, G.R. No. L-47722, July 27, 1943
Passion and Obfuscation
Battered Woman Syndrome Elements:
● Victim-survivors do not incur any criminal and civil liability even (1) There is an act, both unlawful and sufficient to produce such a
without any of the elements of self-defense; condition of the mind; and
● Expert psychiatrist or psychologists shall assist the court in (2) The said act was not far removed from the commission of the crime
determining state of mind. Sec. 26, R.A. 9262 by a considerable length of time. Miguel Danofrata v. People, G.R. No.
● Existence of the syndrome in a relationship does not in itself 143010 [2003]
establish the legal right;
Voluntary Surrender
EXEMPTING CIRCUMSTANCES Elements:
(1) Offender had not been actually arrested;
(ART. 12, RPC) (2) Surrender was made to a person in authority or the latter's agent;
and
EXEMPTING CIRCUMSTANCES (3) Surrender was voluntary.
● The accused committed a crime, but he cannot be held criminally (4) From jurisprudence: there is no pending warrant of arrest or
liable. Sierra v. People, G.R. No. 182941 [2009] information filed. Joel Luces v. People, G.R. No. 149492 [2003]

Minority Voluntary Plea of Guilt

● A child 15 years of age or under: Elements:
o A child 15 years of age or under (1) Offender voluntarily confessed his guilt;
o At the time of the commission of the offense Sec. 6, R.A. 9344 (2) It was made in open court (before the competent court that is to try
● A child above 15 years but below 18 years of age the case); and
o A child above 15 but below 18 (3) It was made prior to the presentation of evidence for the
o Who has not acted with discernment; and prosecution. Art. 13(7), RPC
o Be subjected to an intervention program. Art. 12(2 & 3), RPC, as
amended
● A child in conflict with the law: One who is accused of having AGGRAVATING CIRCUMSTANCES
committed an offense under Philippine laws. Sec. 4(e), R.A. 9344 (ART. 14, RPC)

Uncontrollable Fear of an Equal or Greater Injury Taking Advantage of Public Position

● The existence of an uncontrollable fear which is real and imminent; ● The public officer must use the influence, prestige and ascendancy of
and his office. People v. Amion, G.R. No. 140511 [2001]
● The fear of an injury is greater than, or at least equal to, that ● It shall not be offset or compensated by a mitigating circumstance. Art.
62, RPC, as amended by R.A. No. 7659
committed. People v. Anticamara, G.R. No. 178771 [2011]
Dwelling (Morada)
MITIGATING CIRCUMSTANCES The commission in the dwelling of the offended party who has not given
(ART. 13, RPC) any provocation. People v. Bañez, G.R. No. 95456 [1992]

Praeter Intentionem Nighttime (nocturnidad)

Accused did not intend to commit so grave a wrong as that committed. The crime is committed at nighttime in any of the following instances:
(1) Subjective Test: when the malefactor particularly took advantage of
Sufficient threat or provocation the darkness to commit the offense; or
Elements: (2) Objective Test: when nighttime facilitated the commission of the
(1) Provocation must be sufficient; crime. People v. Arizobal, G.R. No. 135051-52 [2000]; People v. Parazo,
(2) It must originate from the offended party; and G.R. No. 121176 [1997]
(3) It must be immediate to the act. Note: Nighttime is absorbed in treachery. People v. Pujinio, G.R. No. L-21690
Any unjust or improper conduct or act of the offended party, capable of [1969]
exciting, inciting, or irritating anyone. Pepito v. CA, G.R. No. 119942 [1999]

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
In an Uninhabited Place (despoblado) ● According to the nature and effects of the crime and the other
When aggravating: conditions attending its commission.
(1) When it facilitated the commission of the crime; or ● These include:
(2) When especially sought for by the offender; or (a) Relationship;
(3) When offender took advantage thereof for impunity. People v. Ong, (b) Intoxication; and
supra (c) Degree of education and instruction.
Crime is committed in a solitary place, where help to the victim is difficult
and escape of the accused is easy. People v. Coderes, G.R. No. L-32509 ABSOLUTORY CAUSES
[1981]
● The offender is not criminally liable by reason of public policy.
Aid of Armed Men
Examples:
● Armed men or persons took part in the commission of the crime,
directly or indirectly; and • Discovering secrets through seizure of correspondence of ward
● Accused was aided or relied upon them when the crime was by their guardian
committed. People v. Amion, supra • When only slight or less serious physical injuries are inflicted by
the person who surprised his/her spouse or daughter in the act
Recidivism (reincidencia) of sexual intercourse with another person.
● On trial for one crime; • Crime of theft, swindling or malicious mischief committed
● Previous conviction by final judgment of another crime; against a relative.
● Both first and second offenses are embraced in the same title of the • Marriage of the offender with the victim when the crime
RPC; and committed is rape, abduction, seduction or acts of
● Convicted of the new offense. People v. Lagarto, G.R. No. 65833 [1991] lasciviousness.
• Trespass to dwelling when the purpose is to prevent serious
Reiteracion harm to himself, the occupants of the dwelling or a third person,
● The offender shall have been punished previously, or for the purposes of rendering some services to humanity or
● For an offense of which the law attaches an equal or greater penalty, justice, or when entering cafes, taverns, inns and other public
or houses, while the same are open.
● For two or more crimes to which it attaches a lighter penalty. Art. 14 • Adultery and concubinage if the offended party shall have
(10), RPC consented or pardoned the offenders.

In Consideration of a Price, Reward or Promise PERSONS LIABLE AND DEGREE OF

● Aggravates both the criminal liability of the receiver and the giver. U.S. PARTICIPATION
v. Parro, G.R. No. 12607 [1917]
● Reward without previous promise is not aggravating circumstance.
U.S. v. Flores, G.R. No. 9008 [1914]
A. Principals (RPC, Art. 17)
Kinds of Principals
● Principal by direct participation
Evident Premeditation (premeditacion conocida)
● Principals by induction
Criminal act’s execution was preceded by cool thought upon the resolution ● Principals by indispensable cooperation
to carry out the criminal intent. (People v. Ducabo, G.R. No.175594,
September 28, 2007)
B. Accomplices (RPC, Art. 18)
Requisites:
Elements: a) That there be a community of design
(1) Time determined to commit the crime; b) That he cooperates in the execution of the offense by previous or
(2) Act manifestly indicating that the accused has clung to his simultaneous acts
determination; and c) Relation between the act done by the principal and those attribute
(3) Sufficient lapse of time between such determination and execution. to the person charged as an accomplice
People v. Baldogo, G.R. Nos. 128106-07 [2003]
C. Accessories (RPC, Art. 19)
Treachery Without having participated either as principals or accomplices, take part
● A person commits any of the crimes against persons, in any of the following manners:
● Employing means, methods, or forms in the execution thereof, a) By profiting themselves or assisting the offender to profit
● Which tend directly and specially to insure its execution, b) By concealing or destroying the body of the crime or the effects or
● Without risk to himself arising from the defense which the offended Instruments thereof in order to prevent its discovery
party might make. Art. 14 (16), RPC c) By harboring, concealing, or assisting in the escape of the principal
of the crime
Aggravating Circumstances Under Special Laws
Use of Loose Firearm in the Commission of Crime- Aggravating when CONSPIRACY AND PROPOSAL
inherent in the commission of crime punishable under the RPC or other
special laws Sec. 29, Republic Act No. 10591. ● A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide to
ALTERNATIVE CIRCUMSTANCES commit it.
● A proposal exists when the person who has decided to commit a
(ART. 15, RPC) felony proposes its execution to some other person or persons.
● Those which must be taken into consideration, Punishable Acts under the RPC
● As aggravating or mitigating, • Conspiracy and proposal to commit treason;

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
• Conspiracy and proposal to commit coup d'etat, rebellion or 4. Publicly using a fictitious name for the purpose of concealing a crime,
insurrection; evading prosecution or the execution of a judgment, or concealing his true
• Conspiracy to commit sedition; name and other personal circumstances for the same purpose or
• Conspiracy or combination in restraint of trade. purposes;
Notes: 5. Delaying the prosecution of criminal cases by obstructing the service of
• There must be a law specially providing a penalty for conspiracy process or court orders or disturbing proceedings in the fiscal's offices, in
and proposal. ART. 8, RPC Tanodbayan, or in the courts;
• Conspiracy renders all conspirators as co-principals regardless 6. Making, presenting or using any record, document, paper or object with
of the extent and character of their participation because in knowledge of its falsity and with intent to affect the course or outcome of
contemplation of law, the act of one conspirator is the act of all. the investigation of, or official proceedings in, criminal cases;
People v. Sanchez, G.R. No. 131116 [1999]
7. Soliciting, accepting, or agreeing to accept any benefit in consideration
of abstaining from, discounting, or impeding the prosecution of a criminal
MULTIPLE OFFENSES offender;
8. Threatening directly or indirectly another with the infliction of any wrong
Recidivism upon his person, honor or property or that of any immediate member or
Requisites: members of his family in order to prevent such person from appearing in
1. Offender is on trial for an offense the investigation of, or official proceedings in, criminal cases, or imposing
2. Offender was previously convicted by final judgment of another crime a condition, whether lawful or unlawful, in order to prevent a person from
3. First and second offenses are embraced in the same title of the RPC. appearing in the investigation of or in official proceedings in, criminal
4. Offender is convicted of the new offense. cases;
Habituality (Reiteracion) 9. Giving of false or fabricated information to mislead or prevent the law
Requisites: enforcement agencies from apprehending the offender or from protecting
1. Offender is on Trial for an offense; the life or property of the victim; or fabricating information from the data
2. Offender previously served sentence for another offense to which the gathered in confidence by investigating authorities for purposes of
law attaches: background information and not for publication and publishing or
a. an equal or greater penalty, or disseminating the same to mislead the investigator or to the court.
b. for 2 or more crimes to which it attaches lighter penalty than
that for the new offense; and If any of the acts mentioned herein is penalized by any other law with a
3. Offender is convicted of the new offense. higher penalty, the higher penalty shall be imposed. (PD 1829, Section 1)
Quasi-Recidivism If any of the foregoing acts is committed by a public official or employee,
Any person who shall commit a felony after having been convicted by final he shall in addition to the penalties provided thereunder, suffer perpetual
judgment before beginning to serve such sentence or while serving such disqualification from holding public office. (PD 1829, Section 2)
sentence shall be punished by the maximum period prescribed by law for
the new felony. PENALTIES
Habitual Deliquency
Requisites: R.A. 9346
1. That the accused is on trial for an offense ● In lieu of the death penalty, the following shall be imposed:
2. That he previously served sentence for (1) reclusion perpetua
a. Another crime to which the law attaches an equal or greater penalty; (2) life imprisonment, the law violated does not use the
OR term reclusion perpetua Sec. 2
b. For two or more crimes to which it attaches lighter penalty than that • Persons shall not be eligible for parole under the Indeterminate
for the new offense Sentence Law, as amended. Sec. 3
3. That he is convicted of the new offense (Id.)
CLASSIFICATION
● According to kind:
DECREE PENALIZING OBSTRUCTION OF (1) Imprisonment; and
APPREHENSION AND PROSECUTION OF (2) Fine
CRIMINAL OFFENSES ● According to nature:
(1) Principal penalties;
Punishable acts: (2) Accessory penalties; and
(3) Subsidiary penalties
1. Preventing witnesses from testifying in any criminal proceeding or from ● According to gravity:
reporting the commission of any offense or the identity of any offender/s (1) Capital;
by means of bribery, misrepresentation, deceit, intimidation, force or (2) Afflictive;
threats; (3) Correctional; and
2. Altering, destroying, suppressing or concealing any paper, record, (4) Light
document, or object, with intent to impair its verity, authenticity, legibility,
availability, or admissibility as evidence in any investigation of or official
DURATION AND EFFECTS
proceedings in, criminal cases, or to be used in the investigation of, or Scale Duration Effects
official proceedings in, criminal cases;
3. Harboring or concealing, or facilitating the escape of, any person he Capital
knows, or has reasonable ground to believe or suspect, has committed any
offense under existing penal laws in order to prevent his arrest prosecution
and conviction; Death N/A When it is not

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

executed due to ₱1.2M

commutation or
pardon: Correctional
● Perpetual
absolute
disqualific Prision correcional 6 months to 6 years ● Suspensio
ation; n · from
● Civil public
interdictio office, the
n for 30 right to
years follow a
following profession
the date of or calling;
the and
sentence. ● Perpetual
special
disqualifica
Afflictive tionfrom
the
exercise of
Reclusion Perpetua 20 to 40 years ● Perpetual suffrage,
absolute ● If the
disqualific duration
ation; shall
● Civil exceed
interdictio eighteen
n for life. (18)
months.
Reclusion Temporal 12 to 20 years ● Perpetual
absolute Arresto mayor 1 month to 6 months Suspension of the
disqualific right to hold office and
ation the exercise of
● Civil suffrage, during the
interdictio term of the sentence.
n during
the period Suspension 6 months to 6 years N/A
of the
sentence Destierro 6 months to 6 years N/A

Perpetual Absolute Perpetual N/A Fine not exceeding N/A N/A

Disqualification ₱1,200,000 but is
not less than
Temporary Absolute 6 to 12 years N/A ₱40,000
or Special
Disqualification Light

Prision Mayor 6 to 12 years ● Temporar

y absolute Arresto mayor 1 day to 30 days Suspension of the
disqualific right to hold office and
ation the exercise of
during the suffrage during the
period of term of the sentence.
the
sentence; Public censure Indivisible N/A
and
● Perpetual Fine less than N/A N/A
special ₱40,000
disqualific
ation from
the APPLICATION
exercise Subsidiary Imprisonment
of Application:
suffrage. ● If the principal penalty imposed be prision correccional or
arresto and fine, or only a fine; and
Fine Exceeding N/A N/A ● If the convict has no property with which to meet the fine.

6
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Limitations:
● When the penalty imposed is prision correccional or arresto Penalty for a crime in some Application of the above rules by
and fine; manner not specially provided for analogy
● Subsidiary imprisonment is “one day for each amount in the four preceding rules
equivalent to the highest minimum wage rate prevailing in the
Accessory Penalties
Philippines at the time of rendition of the judgment of
● Perpetual or temporary absolute disqualification;
conviction by the trial court”
● Perpetual or temporary special disqualification;
● Subsidiary imprisonment shall not exceed 1/3 of the term of
● Suspension from public office, the right to vote and be voted for,
the sentence;
the profession or calling;
● Not more than one year; and
● Civil interdiction;
● No fraction or part of a day shall be counted against the
● Indemnification;
prisoner.
● Forfeiture or confiscation of instruments and proceeds of the
● When the penalty imposed is only a fine;
offense; and
● Subsidiary imprisonment shall not exceed six months, if the
● Payment of costs
culprit shall have been prosecuted for a grave or less grave
felony; or
● Subsidiary imprisonment shall not exceed fifteen days, if for a EXECUTION AND SERVICE OF SENTENCE
light felony.
Three-Fold Rule
When Not Applied:
● The maximum duration of the convict’s sentence be not more
● When the penalty imposed is higher than prision correctional;
than three (3) times the length of the most severe of the
● When the penalty imposed is a penalty not to be executed by
penalties imposed upon him;
confinement in a penal institution and which has no fixed
● Not to exceed forty (40) years in total;
period; and
● The convict must serve at least four (4) sentences successively;
● For failure to pay the reparation of the damaged caused,
and
indemnification of the consequential damages, and costs of
● Subsidiary penalty forms part of the penalty. ART. 70, RPC
the proceedings.
Notes:
Indeterminate Sentence Law (Act 4103)
● Subsidiary imprisonment is excluded in computing maximum
● Instead of a single fixed penalty, determine 2 penalties as the
duration.
maximum and minimum terms of the indeterminate sentence.
● The rule applies although penalties were imposed for different
● The penalty next lower must be based on the penalty in the RPC,
crimes at different times and under separate information.
● Without considering in the meantime the modifying circumstances.
Probation Law (PD 968, as amended)
Graduation of Penalties Requisites for Probation:
● The conviction and sentenced of the defendant is for a
Penalty Prescribed by Law Penalty Next Lower in Degree probationable penalty;
● Application for probation within the period for perfecting an
Single and indivisible: Reclusion Penalty following such indivisible appeal; and
Perpetua penalty: Reclusion Temporal ● The defendant has not perfected an appeal from the judgment
of convictions,
Two indivisible penalties or two Penalty following the lesser of the ● Except when a judgment of conviction imposing a non-
full divisible penalties: penalties: probationable penalty is appealed or reviewed, and such
Reclusion Perpetua to Death Reclusion Temporal judgment is modified through the imposition of a probationable
Prision Mayor to Reclusion Prision Correccional penalty.
Temporal Disqualified Offenders:
● Those sentenced to serve a maximum term of imprisonment of
One or two indivisible penalties The medium and minimum more than six (6) years;
and the maximum period of periods of the proper divisible ● Those convicted of any crime against the national security;
another divisible penalty: penalty and the maximum period ● Those who have previously been convicted by final judgment of
Reclusion Temporal in its of the immediately following an offense punished by imprisonment of more than six (6)
maximum period to Death penalty: months and one (1) day and/or a fine of not more than one
Prision Mayor in its maximum thousand pesos (P1,000.00);
period to Reclusion Temporal in ● Those who have been once on probation under the provisions
its medium period of this Decree;
● Those who are already serving sentence at the time the
Different divisible penalties The period immediately following substantive provisions of this Decree became applicable;
composed of several periods the minimum prescribed and of ● Those who violated the Omnibus Election Code.
Prision Correccional in its the two next following, which shall
medium period to Prision Mayor be taken from the penalty
in its minimum period prescribed, if possible; otherwise, JUVENILE JUSTICE AND WELFARE ACT
from the penalty immediately (RA 9344, AS AMENDED)
following
Arresto Mayor in its medium Age Bracket Criminal Liability
period to Prision Correccional in Exempt. The child shall be subjected to an
its minimum period 15 years old or below intervention program. Sec. 6, R.A. No. 9344

7
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Above 15 but below 18, Exempt. The child shall be subjected to an EXTINCTION OF CRIMINAL LIABILITY
acted without intervention program. Sec. 6, R.A. No. 9344
discernment
DEATH OF THE OFFENDER
Above 15 but below 18, Not exempt. Such child shall be subjected to
who acted with a diversion program. Sec. 6, R.A. No. 9344
Total Extinguishment
discernment
Criminal liability is extinguished only when death of the offender occurs
before final judgment.
AN ACT ADJUSTING THE AMOUNT OR THE
Effect of Offender’s Death
VALUE OF PROPERTY AND DAMAGE ON (1) Before final judgment:
WHICH A PENALTY IS BASED AND THE ● His death extinguishes both his criminal and civil liabilities.
FINES IMPOSED UNDER THE REVISED People v. Alison, No. L- 30612, April 27, 1972
PENAL CODE (RA 10951) (2) While the case is on appeal:
● Extinguishes his criminal liability and the civil liability based
solely thereon.
Important Provisions:
● Offended party may file a separate civil action under the
Section 1. Article 9 of Act No. 3815, otherwise known as "The Revised Civil Code if:
Penal Code" is hereby amended to read as follows: "Art. 9. Grave felonies, o Any other basis for recovery of civil liability exists as
less grave felonies and light felonies. - Grave felonies are those to which per Article 1157 Civil Code. People v. Bayotas, G.R.
the law attaches the capital punishment or penalties which in any of their No. 102007 [1994]
periods are afflictive, in accordance with Article 25 of this Code. "Less
grave felonies are those which the law punishes with penalties which in Partial Extinguishment
their maximum period are correctional in accordance with abovementioned (1) Conditional pardon;
article. "Light felonies are those infractions of law or the commission of (2) Commutation of sentence;
which the penalty of arresto menor or a fine not exceeding Forty thousand (3) Good conduct allowances earned while undergoing preventive
pesos (₱40,000) or both is provided." imprisonment or serving sentence Art. 94, RPC, as amended by RA
Section 2. Article 26 of the same Act is hereby amended to read as follows: 10592;
"Art. 26. When afflictive, correctional, or light penalty. - A fine, whether (4) Parole; and
imposed as a single or as an alternative penalty, shall be considered an (5) Probation.
afflictive penalty, if it exceeds One million two hundred thousand
(₱1,200,000); A correctional penalty, if it does not exceed One million two Prescription of a Crime
hundred thousand pesos (₱1,200,000) but is not less than Forty thousand ● Prescription of crimes is the forfeiture or loss of the right of the State
pesos (₱40,000); and A light penalty, if it be less than Forty thousand to prosecute the offender, after the lapse of certain time. Baytan v.
pesos (₱40,000)." COMELEC, G.R. No. 153945 [2003]
● GR: Prescription begins to run on:
Note: This law also amended specified felonies (including Theft [Article (1) The day of discovery by the offended party or the
309], Estafa [Article 315], etc.) in the Revised Penal Code in as far as the authorities or their agents; or
fine is concerned. (2) On the day the crime was committed. Art. 91, RPC
● EXC: If concealed, prescription runs from the time the offended party
COMMUNITY SERVICE ACT or the government learns of the commission.

Community service Effect of Pardon by the President

Consists of any actual physical activity which inculcates civic ● Shall not restore the right to hold public office, or the right of suffrage,
consciousness, and is intended towards the improvement of a public work unless expressly restored
or promotion of a public service. ● A pardon shall not exempt the culprit from the payment of the civil
Amendment of Article 88(a) of Act No. 3815 indemnity.
Upon the discretion of the court, a convict may serve the penalties of Kinds of Presidential Pardon:
arresto menor and arresto mayor by rendering community service in the Absolute Pardon
place where the crime was committed, under such terms as the court shall ● It exempts the individual from the penalty of the crime he has
determine, taking into consideration the gravity of offense and the committed.
circumstances of the case, which shall be under the supervision of a ● It does not ipso facto to reinstatement to the public office forfeited by
probation officer. The court will prepare an order imposing the community reason of his conviction.
service, specifying the number of hours to be worked and the period within ● Although restores eligibility for appointment, the pardoned convict
which to complete the service. must reapply for a new appointment.
If the defendant violates the terms of the community service, the court shall Conditional Pardon
order his/her re-arrest and the defendant shall serve the full term of the ● If accepted, it is a contract where the convict will be released upon
penalty, as the case may be, in jail, or in the house of the defendant as compliance with the condition.
provided under Article 88. ● One usual condition is “not again violate any of the penal laws of the
However, if the defendant has fully complied with the terms of the country.”
community service, the court shall order the release of the defendant
unless detained for some other offenses. AN ACT AMENDING ARTICLES 29, 94, 97-
The privilege of rendering community service in lieu of service in jail shall 99, OF THE RPC (RA 10952)
be availed of only once.
Article 29. Period of preventive imprisonment deducted from term of
imprisonment. – Offenders or accused who have undergone preventive

8
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
imprisonment shall be credited in the service of their sentence consisting announcing the passing away of the calamity or catastrophe referred to in
of deprivation of liberty, with the full time during which they have undergone said article. A deduction of two-fifths of the period of his sentence shall be
preventive imprisonment if the detention prisoner agrees voluntarily in granted in case said prisoner chose to stay in the place of his confinement
writing after being informed of the effects thereof and with the assistance notwithstanding the existence of a calamity or catastrophe enumerated in
of counsel to abide by the same disciplinary rules imposed upon convicted Article 158 of this Code.
prisoners, except in the following cases: This Article shall apply to any prisoner whether undergoing preventive
1. When they are recidivists, or have been convicted previously imprisonment or serving sentence.
twice or more times of any crime; and Article 99. Who grants time allowances. – Whenever lawfully justified, the
2. When upon being summoned for the execution of their Director of the Bureau of Corrections, the Chief of the Bureau of Jail
sentence they have failed to surrender voluntarily. If the Management and Penology and/or the Warden of a provincial, district,
detention prisoner does not agree to abide by the same municipal or city jail shall grant allowances for good conduct. Such
disciplinary rules imposed upon convicted prisoners, he shall allowances once granted shall not be revoked.
do so in writing with the assistance of a counsel and shall be
credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment. CIVIL LIABILITIES IN CRIMINAL CASES
Credit for preventive imprisonment for the penalty of reclusion perpetua
RESTITUTION
shall be deducted from thirty (30) years.
Restitution of the thing itself must be made whenever possible even when
Whenever an accused has undergone preventive imprisonment for a found in the possession of a third person except when the latter acquired
period equal to the possible maximum imprisonment of the offense the thing in the manner required by the law
charged to which he may be sentenced and his case is not yet terminated,
REPARATION OF DAMAGES CAUSED
he shall be released immediately without prejudice to the continuation of
If restitution is not possible, the court shall determine the amount of the
the trial thereof or the proceeding on appeal, if the same is under review.
damage, taking into consideration the price of the thing and its sentimental
Computation of preventive imprisonment for purposes of immediate value to the injured party.
release under this paragraph shall be the actual period of detention with
INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES
good conduct time allowance: Provided, however, That if the accused is
Includes not only those caused by the injured party, but also, those
absent without justifiable cause at any stage of the trial, the court may motu
suffered by his family or by a third person by reason of the crime.
proprio order the rearrest of the accused: 48 Provided, finally, That
recidivists, habitual delinquents, escapees and persons charged with
heinous crimes are excluded from the coverage of this Act. In case the CRIMES AGAINST NATIONAL SECURITY
maximum penalty to which the accused may be sentenced is destierro, he AND LAWS OF NATIONS
shall be released after thirty (30) days of preventive imprisonment.
Article 94. Partial extinction of criminal liability. – Criminal liability is Anti-Piracy and Anti-Highway Robbery
extinguished partially: 1. By conditional pardon; 2. By commutation of the Definition of Terms
sentence; and 3. For good conduct allowances which the culprit may earn i. Philippine Waters — It shall refer to all bodies of water, such as but not
while he is undergoing preventive imprisonment or serving his sentence. limited to, seas, gulfs, bays around, between and connecting each of the
Article 97. Allowance for good conduct. – The good conduct of any Islands of the Philippine Archipelago, irrespective of its depth, breadth,
offender qualified for credit for preventive imprisonment pursuant to Article length or dimension, and all other waters belonging to the Philippines by
29 of this Code, or of any convicted prisoner in any penal institution, historic or legal title, including territorial sea, the sea-bed, the insular
rehabilitation or detention center or any other local jail shall entitle him to shelves, and other submarine areas over which the Philippines has
the following deductions from the period of his sentence: sovereignty or jurisdiction.
1. During the first two years of imprisonment, he shall be allowed ii. Vessel — Any vessel or watercraft used for transport of passengers and
a deduction of twenty days for each month of good behavior cargo from one place to another through Philippine Waters. It shall include
during detention; all kinds and types of vessels or boats used in fishing.
2. During the third to the fifth year, inclusive, of his imprisonment, iii. Philippine Highway — It shall refer to any road, street, passage, highway
he shall be allowed a reduction of twenty-three days for each and bridges or other parts thereof, or railway or railroad within the
month of good behavior during detention; Philippines used by persons, or vehicles, or locomotives or trains for the
3. During the following years until the tenth year, inclusive, of his movement or circulation of persons or transportation of goods, articles, or
imprisonment, he shall be allowed a deduction of twenty-five property or both.
days for each month of good behavior during detention;
4. During the eleventh and successive years of his imprisonment, iv. Piracy — Any attack upon or seizure of any vessel, or the taking away
he shall be allowed a deduction of thirty days for each month of of the whole or part thereof or its cargo, equipment, or the personal
good behavior during detention; and belongings of its complement or passengers, irrespective of the value
5. At any time during the period of imprisonment, he shall be thereof, by means of violence against or intimidation of persons or force
allowed another deduction of fifteen days, in addition to upon things, committed by any person, including a passenger or member
numbers one to four hereof, for each month of study, teaching of the complement of said vessel, in Philippine waters, shall be considered
or mentoring service time rendered. An appeal by the accused as piracy. The offenders shall be considered as pirates and punished as
shall not deprive him of entitlement to the above allowances for hereinafter provided.
good conduct. v. Highway Robbery/Brigandage — The seizure of any person for ransom,
Article 98. Special time allowance for loyalty. – A deduction of one fifth of extortion or other unlawful purposes, or the taking away of the property of
the period of his sentence shall be granted to any prisoner who, having another by means of violence against or intimidation of person or force
evaded his preventive imprisonment or the service of his sentence under upon things of other unlawful means, committed by any person on any
the circumstances mentioned in Article 158 of this Code, gives himself up Philippine Highway. (Section 2, PD 532)
to the authorities within 48 hours following the issuance of a proclamation

9
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Punishable Acts (3) any person charged with or suspected of committing any of the
Any person who: crimes defined and penalized under the provisions of this Act:
1. Knowingly and in any manner aids or protects pirates or Provided, That, surveillance, interception and recording of
highway robbers/brigands, such as giving them information communications between lawyers and clients, doctors and
about the movement of police or other peace officers of the patients, journalists and their sources and confidential business
government, or correspondence shall not be authorized.
2. Acquires or receives property taken by such pirates or brigands Detention Without Judicial Warrant
or in any manner derives any benefit therefrom; or The provisions of Article 125 of the revised Penal Code to the contrary
3. Any person who directly or indirectly abets the commission of notwithstanding, any law enforcement agent or military personnel, who,
piracy or highway robbery or brigandage, shall be considered having been duly authorized in writing by the ATC has taken custody of a
as an accomplice of the principal offenders and be 58 punished person suspected of committing any of the acts defined and penalized
in accordance with the Rules prescribed by the Revised Penal under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, shall, without
Code. It shall be presumed that any person who does any of incurring any criminal liability for delay in the delivery of detained persons
the acts provided in this Section has performed knowingly, to the proper judicial authorities, deliver said suspected person to the
unless the contrary is proven. (Section 2, PD 532) proper judicial authority within a period of fourteen (14) calendar days
counted from the moment the said suspected person has been
Anti-Terrorism Act of 2020 apprehended or arrested, detained, and taken into custody by the law
Punishable Acts of Terrorism enforcement agent or military personnel. The period of detention may be
1. Terrorism extended to a maximum period of (10) calendar days if it is established
2. Threat to Commit Terrorism that:
3. Planning, Training, Preparing, and facilitating the Commission of (1) Further detention of the person/s is necessary to preserve
Terrorism evidence related to terrorism or complete the investigation;
4. Conspiracy to Commit Terrorism. (2) Further detention of the person/s is necessary to prevent the
5. Proposal to Commit Terrorism. commission of another terrorism; and
6. Inciting to Commit Terrorism (3) The investigation is being conducted properly and without
7. Recruitment to and Membership in a Terrorist Organization. delay.
8. Foreign Terrorist. No Torture or Coercion in Investigation and Interrogation
9. Providing Material Support to Terrorists. The use of torture and other cruel, inhumane and degrading treatment or
Who are Liable punishment, as defined in Sections 4 and 5 of Republic Act no. 9745
1. Terrorist Individual — Any natural person who commits any of the acts otherwise known as the "Anti-Torture Act of 2009," at any time during the
defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of RA investigation or interrogation of a detained suspected terrorist is absolutely
11479; (Section 3(l), RA 11479) prohibited and shall be penalized under said law.
2. Terrorist Organization, Association or Group of Persons — Any entity Any evidence obtained from said detained person resulting from such
organized for the purpose of engaging in terrorism, or those proscribe treatment shall be, in its entirely, inadmissible and cannot be used as
under Section 26 hereof of the United Nations Security Council-designated evidence in any judicial, quasi-judicial, legislative, or administrative
terrorist organization; (Section 3(m), RA 11479) and investigation, inquiry, proceeding, or hearing. (Section 33, RA 11479)
3. Accessories — Any person who having knowledge of the commission of
any of the crimes defined and penalized under Section 4 of this Act, without CRIMES AGAINST THE FUNDAMENTAL
having participated therein, takes part subsequent to its commission in any LAW OF THE STATE
of the following manner: (a) by profiting himself/herself or assisting the
offender to profit by the effects of the crime; (b) by concealing or destroying Anti-Torture Act of 2009
the body of the crime, or the effects, or instruments thereof, in order to
prevent its discovery; or (c) by harboring, concealing, or assisting in the A. Definitions:
escape of the principal or conspirator of the crime, shall be liable as an ● Torture:
accessory and shall suffer the penalty of imprisonment of twelve (12) (1) An act by which severe pain or suffering,
years. (Section 14, RA 11479) whether physical or mental, is
Surveillance of Suspects and Interception and Recording of intentionally inflicted on a person;
Communications (2) For purposes of obtaining from him/her
The provisions of Republic Act No. 4200, otherwise known as the "Anti- or a third person information or a
Wire Tapping Law" to the contrary notwithstanding, a law enforcement confession;
agent or military personnel may, upon a written order of the Court of (3) Punishing him/her for an act he/she or a
Appeals secretly wiretap, overhear and listen to, intercept, screen, read, third person has committed or is
survey, record or collect, with the use of any mode, form, kind or type of suspected of having committed; or
electronic, mechanical or other equipment or device or technology now (4) Intimidating or coercing him/her or a
known or may hereafter be known to science or with the use of any other third person; or
suitable ways and means for the above purposes, any private For any reason based on discrimination
communications, conversation, discussion/s, data, information, messages of any kind, when such pain or suffering
in whatever form, kind or nature, spoken or written words: is inflicted by or at the instigation of or
(1) between members of a judicially declared and outlawed terrorist with the consent or acquiescence of a
organization, as provided in Section 26 of this Act; person in authority or agent of a person
(2) between members of a designated person as defined in Section in authority.
3(e) of Republic Act No. 10168; or (5) It does not include pain or buffering
arising only from, inherent in or incidental
to lawful sanctions.

10
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● Other cruel, inhuman and degrading treatment or punishment: (1) Service of notice of such order to the prisoner;
(1) A deliberate and aggravated treatment or (2) Performance of such order for the release of the prisoner;
punishment not enumerated under Section 4 of this (3) Proceedings upon a petition for the release of such person.
Act; Art. 126, RPC
(2) Inflicted by a person in authority or agent of a person
in authority against a person under his/her custody; CRIMES AGAINST PUBLIC ORDER
(3) Which attains a level of severity causing suffering,
gross humiliation or debasement to the latter. Comprehensive Firearms and Ammunition Regulation Act (RA 10591)
Acts of Torture ● Unlawful Acquisition, or Possession of Firearms and
(a) Physical torture: A form of treatment or punishment inflicted by Ammunition
a person in authority or agent of a person in authority upon
another in his custody that causes severe pain, exhaustion, (a) Prision Mayor in its medium period: Upon any
disability or dysfunction of one or more parts of the body; person who shall unlawfully acquire or possess a
(b) Mental/Psychological Torture: Acts committed by a person in small arm;
authority or agent of a person in authority which are calculated (b) Prision Mayor in its maximum period: Upon any
to affect or confuse the mind or undermine a person's dignity person who shall unlawfully acquire or possess a
and morale. Class-A light weapon;
● The assessment of the level of severity shall depend on all the (c) Reclusion Temporal to Reclusion Perpetua: If three
circumstances of the case, including the duration of the (3) or more small arms or Class-A light weapons are
treatment or punishment, its physical and mental effects and, in unlawfully acquired or possessed by any person;
some cases, the sex, religion, age and state of health of the (d) Reclusion Perpetua: Upon any person who shall,
victim. unlawfully acquire or possess a Class-B light
weapon;
Who are Criminally Liable (e) One (1) degree higher than that provided in pars (a)
1) Any person who actually participated Or induced another in the to (c): Upon any person who shall unlawfully
commission of torture or other cruel, inhuman and degrading treatment or possess any firearm under any or combination of the
punishment or who cooperated in the execution of the act of torture or other following conditions:
cruel, inhuman and degrading treatment or punishment by previous or
simultaneous acts shall be liable as principal (1) Loaded with ammunition or inserted with
a loaded magazine;
2) Any superior military, police or law enforcement officer or senior (2) Fitted or mounted with laser or any
government official who issued an order to any lower ranking personnel to gadget used to guide the shooter to hit
commit torture for whatever purpose shall be held equally liable as the target such as thermal weapon sight
principals. (TWS) and the like;
3) The immediate commanding officer of the unit concerned of the AFP or (3) Fitted or mounted with sniper scopes,
the immediate senior public official of the PNP and other law enforcement firearm muffler or firearm silencer;
agencies. (4) Accompanied with an extra barrel; and
4) Any public officer or employee shall be liable as an accessory if he/she (5) Converted to be capable of firing full
has knowledge that torture or other cruel, inhuman and degrading automatic bursts.
treatment or punishment is being committed and without having
participated therein, either as principal or accomplice, takes part Rebellion or Insurrection
subsequent to its commission in any of the following manner: ● There be:
(1) Public uprising, and
a) By themselves profiting from or assisting the offender to profit
(2) Taking arms against government
from the effects of the act of torture or other cruel, inhuman and
● Purpose of the uprising or movement is either to –
degrading treatment or punishment;
(1) Remove from the allegiance to said Government; or
b) By concealing the act of torture or other cruel, inhuman and
(2) Deprive the Chief Executive or Congress, wholly or partially, of
degrading treatment or punishment and/or destroying the
any of their powers or prerogative. Art. 134, RPC
effects or instruments thereof in order to prevent its discovery;
or
Direct Assault
c) By harboring, concealing or assisting m the escape of the
● By employing force or intimidation, without an uprising, with the
principal/s in the act of torture or other cruel, inhuman and
purposes in the crimes of rebellion or sedition;
degrading treatment or punishment: Provided, That the
● By attacking or seriously intimidating or resisting a person in authority
accessory acts are done with the abuse of the official's public
or any of his agents, in the performance of official duties Art. 148, RPC
functions.
Qualified Direct Assault
Arbitrary Detention ● When the assault is committed with a weapon;
● Offender is a public officer or employee; ● When the offender is a public officer or employee; or
● He detains a person; and ● When the offender lays hand upon a person in authority. (Art. 148, RPC)
● Detention is without legal grounds. Art. 124, RPC Indirect Assault
● This crime can exist only when the offense of Direct Assault was being
Delaying Release committed.
● The offender is a public officer or employee, ● Person in authority or his agent is the victim of the forms of direct
● There is a judicial or executive order for release of the prisoner, or assault;
● There is a proceeding upon a petition for the liberation of such person, ● A person comes to the aid of such authority or his agent; and
and ● Offender makes use of force or intimidation upon such person coming
● Offender, without good reason, delays: to the aid of the authority or his agent. Art. 149, RPC

11
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Resistance and Disobedience to a Person in Authority or His Agents (1) Offender performs any act,
● The offended party who is a person in authority or his agent must be in (2) Act pertains to any person in authority or public officer public of
the actual performance of his official functions, and the Philippines or any foreign government,
● The offender who may be a private person or a public officer, resists or (3) Under pretense of official position,
seriously disobeys him, (4) Without being lawfully entitled to do so. Art. 177, RPC
● His act of resistance or serious disobedience must not constitute Direct
Assault or Indirect Assault. Art. 151, RPC CRIMES RELATIVE TO OPIUM AND OTHER
PROHIBITED DRUGS
Sedition
● That the offenders rise publicly, and tumultuously;
Classification of Drugs
● That they employ force, intimidation, or other means outside of legal
1. Dangerous Drugs; and
methods;
2. Controlled Precursors and Essential Chemicals (CPEC). (R.A. 9165)
● That the offenders employ any of those means to attain any of the
following objects: Acts Punishable
(1) To prevent the promulgation or execution of any law or the 1. Importation of dangerous drugs and CPECs (Section 4);
holding of any popular election; 2. Sale, administration, delivery, distribution and transportation of
(2) To prevent the Government, or any public officer from freely dangerous drugs and CPECs (Section 5);
exercising its or his functions; 3. Maintenance of a den, dive or resort (Section 6);
(3) To inflict any act of hate or revenge upon the person or property 4. Employees or visitors of drug den (Section 70);
of any public officer or employee; 5. Manufacture of dangerous drugs and CPECs (Section 8);
(4) To commit, for any political or social end, any act of hate or 6. Illegal chemical diversion of CPECs (Section 9)
revenge against private persons or any social class; and 7. Manufacture or delivery of equipment, instrument, apparatus,
(5) To despoil, for any political end, any person, or the and other paraphernalia for dangerous drugs and CPECs
Government, of all its property or any part thereof. Art. 139, RPC (Section 10)
8. Possession of dangerous drugs (Section 11)
Evasion of Service of Sentence 9. Possession of equipment, instrument, apparatus, and other
● Applies to a prisoner by final judgment; paraphernalia for dangerous drugs (Section 12);
● Detention prisoner is not liable even if he escapes. Art. 157, RPC 10. Possession of dangerous drugs during parties, social
gatherings or meetings (Section 13);
11. Possession of equipment, instrument, apparatus, and other
Evasion of Service of Sentence on the Occasion of Disorder,
paraphernalia for dangerous drugs during parties, social
Conflagrations, Earthquakes, etc.
gatherings or meetings (Section 14);
Deductions from the convicted prisoner’s period of sentence:
12. Use of dangerous drugs (Section 15);
● 1/5 of the period of his sentence:
13. Cultivation or culture of plants classified as dangerous drugs or
(1) When the prisoner evades his sentence,
are sources thereof (Section 16);
(2) But gives himself up to authorities, 14. Maintenance and keeping of original records of transactions on
(3) Within 48 hours after proclamation by the Chief Executive of dangerous drugs or CPECs (Section 17);
the passing away of the calamity 15. Unnecessary prescription of dangerous drugs (Section 18); and
● 2/5 of the period of his sentence: 16. Unlawful prescription of dangerous drugs (Section 19).
● When the prisoner chooses to stay. Art. 98, RPC
COMPREHENSIVE DANGEROUS DRUGS ACT
CRIMES AGAINST PUBLIC INTEREST OF 2002
Forgery Sec. 21 of R.A. No. 9165 requires:
It is committed: (1) The apprehending team, after seizure and confiscation, to
(1) By giving an instrument payable to bearer or to order, the immediately conduct a physical inventory of, and
appearance of a true and genuine document; (2) Photograph, the seized drugs in the presence of:
(2) By erasing, counterfeiting, or altering by any means the figures, a) The accused or the persons from whom such items
letters, words, or signs contained therein. Art. 169, RPC were confiscated, with his/her counsel,
b) A representative from the media or a representative of
False Testimony the National Prosecution Service
● False testimony in criminal cases Arts. 180-181, RPC; c) An elected public official.
● False testimony in civil cases Art. 182, RPC; (3) These 3 witnesses must all sign the copies of the inventory and
● False testimony in other cases which is also known as “Perjury” and obtain a copy.
● Offering False Testimony in Evidence Art. 184, RPC.
Punishable Acts
Usurpation of Authority or Official Functions ● Importation of Dangerous Drugs and/or Controlled Precursors and
Elements: Essential Chemicals; Sec. 4, R.A. No. 9165
● Usurpation of Authority: ● Sale, Administration, Distribution and Transportation of Dangerous
(1) Offender knowingly and falsely represents himself, Drugs and Essential Chemicals; Sec. 5, R.A. No. 9165
(2) As an officer, agent, or representative of any department or Elements of Sale of Dangerous Drugs:
agency of the Philippine government or of any foreign (1) The identity of the buyer and the seller, the object and the
government. consideration; and
● Usurpation of Official Functions:

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(2) The delivery of the thing sold and the payment therefor. People v. b) Jueteng. - An illegal numbers game that involves the
Opiana, G.R. No. 200797 [2015] combination of thirty-seven (37) numbers against thirty-seven
Elements of Possession of Dangerous Drugs: (37) numbers from number one (1) to thirty seven (37) or the
(1) The accused was in possession of an item or an object identified to combination of thirty-eight (38) numbers in some areas, serving
as a form of local lottery where bets are placed and accepted
be a prohibited or regulated drug;
per combination, and its variants.
(2) Such possession is not authorized by law; and
c) Masiao. - An illegal numbers game where the winning
(3) The accused was freely and consciously aware of being in combination is derived from the results of the last game of Jai
possession of the drug. People v. Batoon, G.R. No. 184599 [2010] Alai or the Special Llave portion or any result thereof based on
any fictitious Jai Alai game consisting of ten (10) players pitted
Attempt or Conspiracy; Effect on Liability against one another, and its variants.
Any attempt or conspiracy to commit the following unlawful acts: d) Last Two. - An illegal numbers game where the winning
(1) Importation of any dangerous drug and/or essential chemical; combination is derived from the last two (2) numbers of the first
(2) Sale, trading, administration, distribution any dangerous drug prize of the winning Sweepstakes ticket which comes out during
and/or essential chemical; the weekly draw of the Philippine Charity Sweepstakes Office
(3) Maintenance of a den, dive or resort where any dangerous drug is (PCSO), and its variants.
used in any form; e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any
(4) Manufacture of any dangerous drug and/or controlled precursor and person who places bets for himself/herself or in behalf of
essential chemical; and another person, or any person, other than the personnel or staff
(5) Cultivation or culture of plants which are sources of dangerous of any illegal numbers game operation.
drugs. Sec. 26, R.A. No. 9165 f) Personnel or Staff of Illegal Numbers Game Operation. - Any
person, who acts in the interest of the maintainer, manager or
Immunity from Prosecution and Punishment operator, such as, but not limited to, an accountant, cashier,
Requisites: checker, guard, runner, table manager, usher, watcher, or any
(1) Violation of Secs. 7, 11, 12, 14 -15, & 19 (possession/use of illegal other personnel performing such similar functions in a building
drugs and/or necessary instruments); structure, vessel, vehicle, or any other place where an illegal
(2) He voluntarily gives information about: numbers game is operated or conducted.
o Any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants
of R.A. No. 9165, thereof). - Any person who collects, solicits or produces bets in
o Any violation of the offenses mentioned if committed by a behalf of his/her principal for any illegal numbers game who is
drug syndicate, or usually in possession of gambling paraphernalia.
o Any information leading to the whereabouts, identities and h) Coordinator, Controller or Supervisor ("Encargado" or variants
arrest of syndicate members. thereof). - Any person who exercises control and supervision
(3) He willingly testifies against such persons. Sec. 33, R.A. No. 9165 over the collector or agent.
● Conditions for grant of immunity: i) Maintainer, Manager or Operator. - Any person who maintains,
manages or operates any illegal number game in a specific
(1) The information and testimony are necessary for the area from whom the coordinator, controller or supervisor, and
conviction of the persons described above; collector or agent take orders.
(2) Such information and testimony are not yet in the possession j) Financiers or Capitalist. - Any person who finances the
of the State; operations of any illegal numbers game.
(3) Such information and testimony can be corroborated on its k) Protector or Coddler. - Any person who lends or provides
material points; protection, or receives benefits in any manner in the operation
(4) The informant/witness has not been previously convicted of of any illegal numbers game.
a crime involving moral turpitude, except:
o when there is no other direct evidence available for Punishable Acts
the State; and Sec. 3. Punishable Acts. - Any person who participates in any illegal
(5) The informant/witness shall strictly and faithfully comply numbers game shall suffer the following penalties:
without delay, any written condition Sec. 33, R.A. No. 9165. a) The penalty of imprisonment from thirty (30) days to ninety (90)
● This immunity may be enjoyed by such informant or witness days, if such person acts as a bettor;
who does not appear to be most guilty. b) The penalty of imprisonment from six (6) years and one (1) day
to eight (8) years, if such person acts as a personnel or staff of
Chain of Custody an illegal numbers game operation;
Requirement in drug offenses refers to the duly recorded, authorized c) The same penalty shall likewise be imposed to any person who
movement and custody of seized dangerous drugs People v. Calates y Dela allows his vehicle, house, building or land to be used in the
Cruz, G.R. No. 214759 [2018] operation of the illegal numbers games.
d) The penalty of imprisonment from eight (8) years and one (1)
Note: Prohibition of plea-bargaining in drug-related cases is declared as day to ten (10) years, if such person acts as a collector or agent;
unconstitutional by the Supreme Court Sec. 21, R.A. No. 9165 e) The penalty of imprisonment from ten (10) years and one (1)
day to twelve (12) years, if such person acts as a coordinator,
CRIMES AGAINST PUBLIC MORALS controller or supervisor;
f) The penalty of imprisonment from twelve (12) years and one (1)
Anti-Gambling Act day to ten (10) fourteen (14) years, if such person acts as a
Definition of Terms maintainer, manager or operator; and
a) Illegal Numbers Game. - Any form illegal gambling activity g) The penalty of imprisonment from fourteen (14) years and one
which uses numbers or combinations thereof as factors in (1) day to sixteen (16) years, if such person acts as a financier
giving out jackpots. or capitalist;

13
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
h) The penalty of imprisonment from sixteen (16) years and one Corrupt Practices of Public Officers
(1) day to twenty (20) years, if such person acts as protector or • In addition to acts or omissions of public officers already
coddler. penalized by existing law, the following are hereby declared to
be unlawful:
CRIMES COMMITTED BY PUBLIC OFFICERS (a) Persuading, inducing or influencing another public
officer;
DIRECT BRIBERY INDIRECT BRIBERY ● To perform an act constituting a violation
In both, the public officer accepts a gift of rules and regulations duly
The gift or present need not be actually Acceptance of mere promise promulgated by competent authority or
received, as an accepted offer or of gifts by reason of office is an offense in connection with the official
promise is sufficient not sufficient to constitute duties of the latter, or allowing himself to
indirect bribery. be persuaded, induced, or influenced to
There is an agreement between the Usually, no such agreement commit such violation or offense.
public officer and the giver of the gift. exists. Pozar v. Court of (b) Directly or indirectly requesting or receiving any gift,
Pozar v. Court of Appeals, G.R. No. L- Appeals, supra present, share, percentage, or benefit, for himself or
62439 [1984] for any other person,
The offender agrees to perform or It is enough that he accepts ● In connection with any contract or
performs an act or refrains from doing gifts offered to him by reason transaction between the Government
something because of the gift or of his office. Pozar v. Court of and any other part,
promise. Pozar v. Court of Appeals, supra Appeals, supra
● Wherein the public officer in his official
capacity has to intervene under the law.
Qualified Bribery (c) Directly or indirectly requesting or receiving any gift,
● Offender is a public officer entrusted with law enforcement; present or other pecuniary or material benefit, for
● He refrains from arresting or prosecuting an offender who has himself or for another, from any person for whom the
committed a crime;
public officer, in any manner or capacity, has
● He refrains from arresting or prosecuting the offender in
secured or obtained, or will secure or obtain, any
consideration of any promise, gift or present. Art. 211-A, RPC
Government permit or license, in consideration for
the help given or to be given, without prejudice to
Malversation of Public Funds or Property
Section thirteen of this Act.
Persons liable other than public officers:
(1) Private individuals who, in any capacity, have charge of national, (d) Accepting or having any member of his family
accept employment in a private enterprise which has
provincial, or municipal funds, revenue, or property; or
pending official business with him during the
(2) Administrator or depositary of funds or property that has been
pendency thereof or within one year after its
attached or seized by public authority. Art. 222, RPC
termination.
(e) Causing any undue injury to any party, including the
ANTI-GRAFT AND CORRUPT PRACTICES Government, or giving any private party any
ACT unwarranted benefits, advantage or preference in
(R.A. NO. 3019, AS AMENDED BY R.A. NO. the discharge of his official administrative or judicial
3047, P.D. NO. 677, P.D. NO. 1288, B.P. BLG. functions
● Through manifest partiality, evident bad
195 AND R.A. NO. 10910) faith or gross inexcusable negligence.
● This provision shall apply to officers and
Definition of Terms
employees of offices or government
Section 2. Definition of terms. As used in this Act, that term
corporations charged with the grant of
(a) "Government" includes the national government, the local licenses or permits or other concessions.
governments, the government-owned and government- (f) Neglecting or refusing to act within a reasonable
controlled corporations, and all other instrumentalities or time on any matter pending before him
agencies of the Republic of the Philippines and their branches. ● After due demand or request,
(b) "Public officer" includes elective and appointive officials and ● Without sufficient justification,
employees, permanent or temporary, whether in the classified ● For the purpose of obtaining from any
or unclassified or exempt service receiving compensation, even person interested in the matter some
nominal, from the government as defined in the preceding
pecuniary or material benefit or
subparagraph.
advantage, or
(c) "Receiving any gift" includes the act of accepting directly or
● For the purpose of favoring his own
indirectly a gift from a person other than a member of the public
officer's immediate family, in behalf of himself or of any member interest or giving undue advantage in
of his family or relative within the fourth civil degree, either by favor of or discriminating against any
consanguinity or affinity, even on the occasion of a family other interested party.
celebration or national festivity like Christmas, if the value of the (g) Entering, on behalf of the Government, into any
gift is under the circumstances manifestly excessive. contract or transaction manifestly and grossly
(d) "Person" includes natural and juridical persons, unless the disadvantageous to the same, whether or not the
context indicates otherwise. public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary
interest in any business, contract or transaction;

14
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● In connection with which he intervenes or Prohibition on Certain Relatives
takes part in his official capacity, or Section 5. Prohibition on certain relatives. It shall be unlawful for the
● In which he is prohibited by the spouse or for any relative, by consanguinity or affinity, within the third civil
Constitution or by any law from having degree, of the President of the Philippines, the Vice-President of the
any interest. Philippines, the President of the Senate, or the Speaker of the House of
(i) Directly or indirectly becoming interested or having Representatives, to intervene, directly or indirectly, in any business,
a material interest in any transaction or act requiring transaction, contract or application with the Government: Provided, That
the approval of a board, panel or group of which he this section shall not apply to any person who, prior to the assumption of
is a member, office of any of the above officials to whom he is related, has been already
● For personal gain and dealing with the Government along the same line of business, nor to any
● Which exercises discretion in such transaction, contract or application already existing or pending at the time
approval, even if he votes against the of such assumption of public office, nor to any application filed by him the
same or does not participate in the action approval of which is not discretionary on the part of the official or officials
of the board, committee, panel or group. concerned but depends upon compliance with requisites provided by law,
(j) Interest for personal gain shall be presumed against or rules or regulations issued pursuant to law, nor to any act lawfully
those public officers responsible for the approval of performed in an official capacity or in the exercise of a profession.
manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to Exceptions
which they belong. Section 14. Exception. Unsolicited gifts or presents of small or insignificant
(k) Knowingly approving or granting any license, permit, value offered or given as a mere ordinary token of gratitude or friendship
privilege or benefit in favor of any person not according to local customs or usage, shall be excepted from the provisions
qualified for or not legally entitled to such license, of this Act. Nothing in this Act shall be interpreted to prejudice or prohibit
permit, privilege or advantage, or of a mere the practice of any profession, lawful trade or occupation by any private
representative or dummy of one who is not so person or by any public officer who under the law may legitimately practice
qualified or entitled. his profession, trade or occupation, during his incumbency, except where
(l) Divulging valuable information of a confidential the practice of such profession, trade or occupation involves conspiracy
character, acquired by his office or by him on with any other person or public official to commit any of the violations
account of his official position to unauthorized penalized in this Act.
persons, or releasing such information in advance of
its authorized release date. Anti-Plunder Act
(m) The person giving the gift, present, share, Definition of Terms
percentage or benefit referred to in subparagraphs Section 1. Definition of Terms - As used in this Act, the term
(b) and (c); or
(a) Public Officer means any person holding any public office in
● Offering or giving to the public officer the
the Government of the Republic of the Philippines by virtue of
employment mentioned in subparagraph
an appointment, election or contract.
(d); or
(b) Government includes the National Government, and any of its
● Urging the divulging or untimely release
subdivisions, agencies or instrumentalities, including
of the confidential government-owned or -controlled corporations and their
● Shall, together with the offending public subsidiaries.
officer, be punished under Section nine (c) Person includes any natural or juridical person, unless the
of this Act and shall be permanently or context indicates otherwise.
temporarily disqualified in the discretion (d) Ill-gotten wealth means any asset, property, business
of the Court, from transacting business in enterprise or material possession of any person within the
any form with the Government. purview of Section Two (2) hereof, acquired by him directly or
Prohibition on Private Individuals indirectly through dummies, nominees, agents, subordinates
(a) It shall be unlawful for any person having family or close and/or business associates by any combination or series of the
personal relation with any public official to capitalize or exploit following means or similar schemes:
or take advantage of such family or close personal relation by 1. Through misappropriation, conversion, misuse, or
directly or indirectly requesting or receiving any present, gift or malversation of public funds or raids on the public
material or pecuniary advantage from any other person having treasury;.
some business, transaction, application, request or contract 2. By receiving, directly or indirectly, any commission,
gift, share, percentage, kickbacks or any other form
with the government, in which such public official has to
of pecuniary benefit from any person and/or entity in
intervene. Family relation shall include the spouse or relatives
connection with any government contract or project
by consanguinity or affinity in the third civil degree. The word
or by reason of the office or position of the public
"close personal relation" shall include close personal friendship, officer concerned;
social and fraternal connections, and professional employment 3. By the illegal or fraudulent conveyance or
all giving rise to intimacy which assures free access to such disposition of assets belonging to the National
public officer. Government or any of its subdivisions, agencies or
(b) It shall be unlawful for any person knowingly to induce or cause instrumentalities or government-owned or -
any public official to commit any of the offenses defined in controlled corporations and their subsidiaries;
Section 3 hereof. 4. By obtaining, receiving or accepting directly or
indirectly any shares of stock, equity or any other
form of interest or participation including promise of

15
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
future employment in any business enterprise or pesos (P40,000.00): Provided, however, That should the perpetrator be an
undertaking; ascendant, parent, adoptive parent, step parent, or guardian of the child,
5. By establishing agricultural, industrial or commercial the penalty shall be prision mayor in its maximum period, or fine of not less
128 monopolies or other combinations and/or than Fifty thousand pesos (P50,000.00), and perpetual loss of parental
implementation of decrees and orders intended to authority: Provided, further, That any person who produces, prints, issues
benefit particular persons or special interests; or and/or distributes fraudulent or tampered documents such as birth
6. By taking undue advantage of official position, certificates, affidavits of delayed registration of birth and/or foundling
authority, relationship, connection or influence to certificates for the purpose of misrepresenting the age of a child to facilitate
unjustly enrich himself or themselves at the expense child marriage or evade liability under this Act shall be liable under this
and to the damage and prejudice of the Filipino section, without prejudice to liability under other laws: Provided, finally,
people and the Republic of the Philippines. That if the perpetrator is a public officer, he or she shall be dismissed
Definition of Crime of Plunder from the service and may be perpetually disqualified from holding
Section 2. Definition of the Crime of Plunder; Penalties. - Any public officer office, at the discretion of the courts;
who, by himself or in connivance with members of his family, relatives by (b) Solemnization of Child Marriage. – Any person who performs or
affinity or consanguinity, business associates, subordinates or other officiates a child marriage shall suffer the penalty of prision mayor in its
persons, amasses, accumulates or acquires ill-gotten wealth through a maximum period and a fine of not less than Fifty thousand pesos
combination or series of overt criminal acts as described in Section 1 (d) (P50,000.00): Provided, however, That if the perpetrator is a public
hereof in the aggregate amount or total value of at least Fifty million pesos officer, he or she shall be dismissed from the service and may be
(P50,000,000.00) shall be guilty of the crime of plunder and shall be perpetually disqualified from holding office, at the discretion of the
punished by reclusion perpetua to death. Any person who participated with courts; and
the said public officer in the commission of an offense contributing to the (c) Cohabitation of an Adult with a Child Outside Wedlock. – An adult
crime of plunder shall likewise be punished for such offense. In the partner who cohabits with a child outside wedlock shall suffer the penalty
imposition of penalties, the degree of participation and the attendance of of prision mayor in its maximum period and a fine of not less than Fifty
mitigating and extenuating circumstances, as provided by the Revised thousand pesos (P50,000.00): Provided, however, That if the perpetrator
Penal Code, shall be considered by the court. The court shall declare any is a public officer, he or she shall likewise be dismissed from the
and all ill-gotten wealth and their interests and other incomes and assets service and may be perpetually disqualified from holding office, at
including the properties and shares of stocks derived from the deposit or the discretion of the courts: Provided, finally, That this shall be without
investment thereof forfeited in favor of the State. prejudice to higher 129 penalties that may be imposed in the Revised
Series and Combination, Pattern Penal Code and other special laws.
Section 4. Rule of Evidence For purposes of establishing the crime of
plunder, it shall not be necessary to prove each and every criminal act CRIMES AGAINST PERSONS
done by the accused in furtherance of the scheme or conspiracy to amass,
accumulate or acquire ill-gotten wealth, it being sufficient to establish Anti-Trafficking in Persons Act of 2003
beyond reasonable doubt a pattern of overt or criminal acts indicative of
the overall unlawful scheme or conspiracy. Acts of Trafficking in Persons
(a) The recruitment, transportation, transfer or harboring, or receipt
Persons Covered of persons;
● All public officers, (b) With or without the victim's consent or knowledge;
● Including elective and appointive officials and employees, (c) Within or across national borders;
● Permanent or temporary, (d) By means of threat or use of force, or other forms of coercion,
● Whether in the classified or unclassified or exempt service, abduction, fraud, deception, abuse of power or of position,
● Receiving compensation, even nominal from the government. Sec. taking advantage of the vulnerability of the person, or, the giving
2(b), R.A. No. 3019 or receiving of payments or benefits to achieve the consent of
"Receiving any gift" a person having control over another person
● Accepting directly or indirectly a gift from a person other than the (e) For the purpose of exploitation which includes at a minimum,
public officer's immediate family, the exploitation or the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery, servitude
● in behalf of himself or of any member of his family or relative within
or the removal or sale of organs.
the 4th civil degree,
● either by consanguinity or affinity, even on the occasion of a family • The recruitment, transportation, transfer, harboring or receipt of
celebration or national festivity, a child for the purpose of exploitation shall also be considered
● if the value of the gift is under the circumstances manifestly as "trafficking in persons" even if it does not involve any of the
means set forth in the preceding paragraph.
excessive.
Acts that Promote Trafficking in Persons
"Person" includes natural and juridical persons, unless the context
(a) To recruit, transport, transfer; harbor, or receive a person by
indicates otherwise. Sec. 2, RA 3019
any means, for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt
PROHIBITION OF CHILD MARRIAGE LAW bondage;
(b) To introduce or match for money, profit, or material, economic
Facilitation of Child Marriage by Public Officer or other consideration, any person or any Filipino woman to a
Section 4. Unlawful Acts. – The following are declared unlawful and foreign national, for marriage for the purpose of acquiring,
prohibited acts: buying, offering, selling or trading him/her to engage in
(a) Facilitation of Child Marriage. – Any person who causes, fixes, prostitution, pornography, sexual exploitation, forced labor,
facilitates, or arranges a child marriage shall suffer the penalty of prision slavery, involuntary servitude or debt bondage;
mayor in its medium period and a fine of not less than Forty thousand

16
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(c) To offer or contract marriage, for the purpose of acquiring, Statutory Rape
buying, offering, selling, or trading them to engage in ● It is committed when the girl is under 16 years of age;
prostitution, pornography, sexual exploitation, forced labor or ● The offender’s knowledge of the victim’s age is immaterial. People v.
slavery, involuntary servitude or debt bondage; Ronquillo, G.R. No. 214762 [2017]
(d) To undertake or organize tours and travel plans consisting of
tourism packages or activities for the purpose of utilizing and Murder
offering persons for prostitution, pornography or sexual ● It is the unlawful killing of another person,
exploitation; ● Which is not parricide or infanticide,
(e) To maintain or hire a person to engage in prostitution or ● Provided that the following circumstances are present:
pornography; (1) With treachery,
(f) To adopt or facilitate the adoption of persons for the purpose of (2) Taking advantage of superior strength,
prostitution, pornography, sexual exploitation, forced labor, (3) With the aid of armed men, or
slavery, involuntary servitude or debt bondage; (4) Employing means to weaken the defense, or means or
(g) To recruit, hire, adopt, transport or abduct a person, by means purpose to insure or afford impunity;
of threat or use of force, fraud, deceit, violence, coercion, or Elements:
intimidation for the purpose of removal or sale of organs of said ● A person was killed;
person; and ● The accused killed him/her;
(h) To recruit, transport or adopt a child to engage in armed ● The killing was attended by any of the qualifying circumstances
activities in the Philippines or abroad. mentioned in Article 248;
● That the killing is not parricide or infanticide. People v. dela Cruz, G.R.
Qualified Trafficking in Persons No. 188353, February 16, 2010
(a) When the trafficked person is a child;
(b) In case the inter-country adoption is for the purpose of Homicide
prostitution, pornography, sexual exploitation, forced labor, ● The unlawful killing of any person,
slavery, involuntary servitude or debt bondage; ● Which is neither parricide, murder, nor infanticide,
(c) When committed by a syndicate, or in large scale; ● Not falling under any of the justifying circumstances. (Art. 249, RPC)
(d) When the offender is an ascendant, parent, sibling, guardian or
Elements:
a person who exercises authority over the trafficked person or
● A person was killed;
when the offense is committed by a public officer or employee;
● The accused killed him/her without any justifying circumstance;
(e) When the trafficked person is recruited to engage in prostitution
● The accused had the intention to kill, which is presumed;
with any member of the military or law enforcement agencies;
● The killing was not attended by any of the qualifying circumstances of
(f) When the offender is a member of the military or law
murder or by that of parricide or infanticide. Villanueva v. Caparas, G.R.
enforcement agencies; and No. 190969 [2013]
(g) When by reason or on occasion of the act of trafficking in
persons, the offended party dies, becomes insane, suffers Physical Injuries
mutilation or is afflicted with Human Immunodeficiency Virus ● Mutilation;
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS) ● Serious Physical Injuries;
● Administering Injurious Substances or Beverages;
Rape ● Less Serious Physical Injuries; and
● Governed by the Anti-Rape Law of 1997 R.A. No. 8353. ● Slight Physical Injuries. Arts. 262-266, RPC
● Modes:
Mutilation
(1) Rape by sexual intercourse Traditional rape, Art. 335, RPC Committed by any person by:
(2) Rape through sexual assault R.A. No. 8353 (1) Intentionally mutilating another by depriving him of some essential
Rape by Sexual Intercourse organs for reproduction either totally or partially; or
● Committed by a man, (2) By intentionally making other mutilation, off any part of the body of
● Who shall have carnal knowledge of a woman under any of the the victim, that must be protruding from the body. Art. 262, RPC
following circumstances: Serious Physical Injuries
(1) Through force, threat, or intimidation; ● Committed by any person,
(2) When the offended party is deprived of reason or otherwise ● Who shall wound, beat, or assault another, and
unconscious; ● In consequence of the physical injuries inflicted, the injured person:
(3) By means of fraudulent machination or grave abuse of (1) Shall become insane, imbecile, impotent, or blind;
authority; (2) Shall have lost the use of speech or the power to hear or
(4) When the offended party is under 16 years old or is demented, to smell, or
even though none of the circumstances mentioned above be (3) Shall have lost an eye, a hand, a foot, an arm, or a leg or
present. Art. 266-A(1), RPC, as amended by RA 11648 (4) Shall have lost the use of any such member, or
Rape through Sexual Assault (5) Shall have become incapacitated for the work in which he
● Committed by any person, was habitually engaged;
● Who, under any of the circumstances mentioned in paragraph 1 (6) Shall have become deformed, or
hereof, (7) Shall have lost any other part of his body, or
● Shall commit an act of sexual assault: (8) Shall have lost the use thereof, or
(1) By inserting his penis into another person's mouth or anal (9) Shall have been ill or incapacitated for the work which he
orifice, or as habitually engaged for more than 90 days;
(2) By inserting any instrument or object, into the genital or anal (10) Shall have caused the illness or incapacity for labor of the
orifice of another person. Art. 266- A (2), RPC injured person for more than 30 days. Art. 263, RPC

17
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Less Serious Physical Injuries ANTI-VIOLENCE AGAINST WOMEN AND
● Committed by any person, THEIR CHILDREN ACT OF 2004
● Who shall inflict upon another,
● Physical injuries not described in the preceding articles, (R.A. No. 9262)
● But which shall incapacitate the offended party for labor for ten (10)
days or more, or Definition of Terms
● Shall require medical assistance for the same period, Violence against Women and Children
● And in case the victim is a person in authority, the deed does not ● Refers to any acts or series of acts,
constitute the crime of assault upon such person. (Art. 265, RPC) ● Committed by any person,
● Also, who shall ill-treat another by deed without causing any injury. ● Against a woman,
Art. 266, RPC (1) Who is his wife, former wife, or
(2) Against a woman with whom the person has or had a sexual
Exceptional Circumstances or dating relationship, or
Spouse: (3) With whom he has a common child, or against her child, or
● Any legally married person who having surprised his spouse, in the ● Against her child whether legitimate or illegitimate, within or without
act of committing sexual intercourse with another person, the family abode,
● Shall kill any or both of them in the act or immediately thereafter, ● Which result in or is likely to result in physical, sexual, psychological
or shall inflict upon them any serious physical injury Art. 247, RPC harm or suffering, or economic abuse,
Parent to Daughter: ● Including threats of such acts, battery, assault, coercion,
● A parent who, having surprised his daughter under 18 years of age harassment or arbitrary deprivation of liberty.
and living with him, Physical Violence: Acts that include bodily or physical harm.
● In the act of committing sexual intercourse with her seducer shall
Sexual Violence: An act which is sexual in nature, committed against a
kill any or both of them in the act of or immediately thereafter, or
woman or her child.
● Shall inflict upon them any serious physical injury. Art. 247, RPC
Psychological Violence: Acts or omissions causing or likely to cause
Parricide mental or emotional suffering of the victim. It includes causing or allowing
● Deceased is killed by the accused; and the victim to witness the physical, sexual or psychological abuse of a
● Deceased is the father, mother or child, whether legitimate or member of the family to which the victim belongs, or to witness
illegitimate, or a legitimate other ascendant or other descendant, or pornography in any form or to witness abusive injury to pets or to unlawful
the legitimate spouse of the accused. Art. 246, RPC; People v. Sales, or unwanted deprivation of the right to custody and/or visitation of common
G.R. No. 177218 [2011] children.
Economic Abuse: refers to acts that make or attempt to make a woman
Infanticide financially dependent:
● Committed by any person, who shall kill any child, less than 3 days Kinds of Relationship with the Victim-Women
old; Dating Relationship:
● If committed by the mother of the child to conceal her dishonor, the ● Refers to a situation wherein the parties live as husband and wife,
penalty is lower, and ● Without the benefit of marriage or are romantically involved,
● If committed for the same purpose by the maternal grandparents or ● Over time and on a continuing basis during the course of the
either of them, the penalty is also lower. Art. 255, RPC relationship.
● A casual acquaintance between two individuals in a business or
Abortion social context is not a dating relationship. Sec. 3(e), R.A. No. 9262
● Intentional Abortion;
● Unintentional Abortion; Sexual Relations:
● Abortion practiced by the mother or her parents; Refers to a single sexual act which may or may not result in the bearing of
● Abortion practiced by a physician or midwife; and a common child. Sec. 3(f), R.A. No. 9262
● Abortion practiced by a pharmacist. (Arts. 256-259, RPC) Acts of Violence Against Women and Their Children
Intentional Abortion (a) Causing physical harm to the woman or her child;
● Committed by any person, (b) Threatening to cause the woman or her child physical harm;
● Who shall intentionally cause an abortion by any of the following (c) Attempting to cause the woman or her child physical harm;
means: (d) Placing the woman or her child in fear of imminent physical
(1) By using any violence upon the person of the pregnant harm;
woman; (e) Attempting to compel or compelling the woman or her child to
(2) Without using violence, acting without the consent of the engage in conduct which the woman or her child has the right
woman; and to desist from or desist from conduct which the woman or her
(3) Without using violence, acting if the woman shall have child has the right to engage in, or attempting to restrict or
consented. Art. 256, RPC restricting the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other harm or
Unintentional Abortion threat of physical or other harm, or intimidation directed against
● Committed by any person, the woman or child.
● Who shall cause an abortion by violence,
● But unintentionally. Art. 257, RPC Protection Orders
SECTION 9. Who may file Petition for Protection Orders. – A petition for
protection order may be filed by any of the following:
(a) The offended party;
(b) Parents or guardians of the offended party;

18
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(c) Ascendants, descendants or collateral relatives within the three (3) or more articles of child pornography of the same form
fourth civil degree of consanguinity or affinity; shall be prima facie evidence of the intent to sell, distribute,
(d) Officers or social workers of the DSWD or social workers of publish or broadcast;
local government units (LGUs); (e) To knowingly, willfully and intentionally provide a venue for the
(e) police officers, preferably those in charge of women and commission of prohibited acts;
children's desks; (f) For film distributors, theaters and telecommunication
(f) Punong Barangay or Barangay Kagawad; companies to distribute any form of child pornography;
(g) lawyer, counselor, therapist or healthcare provider of the (g) For a parent, legal guardian or person having custody or control
petitioner; (h) At least two (2) concerned responsible citizens of of a child to knowingly permit the child to engage, participate or
the city or municipality where the violence against women and assist in child pornography;
their children occurred and who has personal knowledge of the (h) To engage in luring or grooming of a child;
offense committed. (i) To engage in pandering of any form of child pornography;
Battered Woman Syndrome as a Defense (j) To willfully access any form of child pornography;
● Victim-survivors who are found by the courts to be suffering (k) To conspire to commit any of the prohibited acts stated in this
from battered woman syndrome do not incur any criminal and section; and
civil liability notwithstanding the absence of any of the elements (l) To possess any form of child pornography.
for justifying circumstances of self-defense under the RPC. Syndicated Child Pornography: If carried out by a group of three (3) or
● In the determination of the state of mind of the woman who was more persons conspiring or confederating with one another.
suffering from battered woman syndrome at the time of the
commission of the crime, the courts shall be assisted by expert Children under this Act
psychiatrists/ psychologists. ● A person below 18 years of age or over, but are unable to fully take
care of themselves from abuse, neglect, cruelty
Battered Woman Syndrome ● Also refer to a person regardless of age who is presented, depicted
Victim-survivors who are found by the courts to be suffering from battered- or portrayed as a child as defined herein; and
woman syndrome do not incur criminal and civil liability notwithstanding ● Include, digitally or manually crafted images or graphics of a person
the absence of any of the elements of self-defense under the RPC. who is made to appear to be a child. Sec. 3(a), R.A. No. 9775
Punishable Acts:
ANTI-CHILD PORNOGRAPHY ACT OF 2009 (1) Child Pornography
(Secs. 3 (a-c), 4 and 5, RA No. 9775) ● Any representation, whether visual, audio, or written
combination thereof, by electronic, digital, or any other means,
Definition of Terms ● Of child engaged or involved in real or simulated explicit sexual
● Child: A person below eighteen (18) years of age or over, but activities. Sec. 3(b), R.A. No. 9775
is unable to fully take care of himself from abuse, cruelty, (2) Conspiracy to commit any form of child pornography
exploitation or discrimination because of a physical or mental (3) Syndicated Child Pornography
disability or condition. ● Carried out by a group of 3 or more persons
● For the purpose of this Act, a child shall also refer to:
(1) A person regardless of age who is presented, SPECIAL PROTECTION OF CHILDREN
depicted or portrayed as a child as defined herein; AGAINST CHILD ABUSE, EXPLOITATION,
and
AND DISCRIMINATION ACT (RA 7610, AS
(2) Computer-generated images or graphics of a person
who is represented or who is made to appear to be AMENDED)
a child as defined herein.
● Child Pornography: Any representation by electronic, Definition of Terms
mechanical, digital, optical, magnetic or any other means, of Definition of Children:
child engaged or involved in real or simulated explicit sexual (a) Persons below eighteen (18) years of age or
activities. (b) Those over but are unable to fully take care of themselves or
● Explicit Sexual Activity: protect themselves from abuse, neglect, cruelty, exploitation or
(1) Sexual intercourse or lascivious act whether discrimination because of a physical or mental disability or
between persons of the same or opposite sex; condition.
(2) Bestiality;
Child Prostitution and Other Sexual Abuse
(3) Masturbation;
● Children, who for money, profit, or any other consideration or
(4) Sadistic or masochistic abuse;
due to the coercion or influence of any adult, syndicate or group,
(5) Lascivious exhibition of the genitals, buttocks,
indulge in sexual intercourse or lascivious conduct, are deemed
breasts, pubic area and/or anus;
to be children exploited in prostitution and other sexual abuse.
(6) Use of any object or instrument for lascivious acts
● The penalty of reclusion temporal in its medium period to
Unlawful or Prohibited Acts reclusion perpetua shall be imposed upon the following:
(a) To hire, employ, use, persuade, induce or coerce a child to
(a) Those who engage in or promote, facilitate or induce
perform in the creation or production of child pornography;
child prostitution;
(b) To produce, direct, manufacture or create any form of child
(b) Those who commit the act of sexual intercourse of
pornography;
lascivious conduct with a child exploited in
(c) To publish, offer, transmit, sell, distribute, broadcast, advertise,
prostitution or subject to other sexual abuse;
promote, export or import any form of child pornography;
(d) To possess any form of child pornography with the intent to sell, ● When the victims is under twelve (12)
distribute, publish, or broadcast, Provided that possession of years of age, the perpetrators shall be
prosecuted under Article 335(3) for rape

19
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
and Article 336 of the RPC for rape or 1. When a child works directly under the sole responsibility of
lascivious conduct, as the case may be: his/her parents or legal guardian and where only members of
● Provided, that the penalty for lascivious his/her family are employed: Provided, however, That his/her
conduct when the victim is under twelve employment neither endangers his/her life, safety, health, and
(12) years of age shall be reclusion morals, nor impairs his/her normal development: Provided,
temporal in its medium period; and further, That the parent or legal guardian shall provide the said
(c) Those who derive profit or advantage therefrom, child with the prescribed primary and/or secondary education;
whether as manager or owner of the establishment or
where the prostitution takes place, or of the sauna, 2. Where a child's employment or participation in public
disco, bar, resort, place of entertainment or entertainment or information through cinema, theater, radio,
establishment serving as a cover or which engages television or other forms of media is essential: Provided, That
in prostitution in addition to the activity for which the the employment contract is concluded by the child's parents or
license has been issued to said establishment. legal guardian, with the express agreement of the child
Attempt to Commit Child Prostitution concerned, if possible, and the approval of the Department of
Labor and Employment: Provided, further, That the following
There is an attempt to commit child prostitution under Section 5, paragraph requirements in all instances are strictly complied with:
(a) when any person who, not being a relative of a child, is found alone a) The employer shall ensure the protection, health,
with the said child inside the room or cubicle of a house, an inn, hotel, safety, morals and normal development of the child;
motel, pension house, apartelle or other similar establishments, vessel, b) The employer shall institute measures to prevent the
vehicle or any other hidden or secluded area under circumstances which child's exploitation or discrimination taking into
would lead a reasonable person to believe that the child is about to be account the system and level of remuneration, and
exploited in prostitution and other sexual abuse. There is also an attempt the duration and arrangement of working time; and
to commit child prostitution, under paragraph (b) of Section 5 hereof when c) The employer shall formulate and implement,
any person is receiving services from a child in a sauna parlor or bath, subject to the approval and supervision of
massage clinic, health club and other similar establishments. competent authorities, a continuing program for
Note: A penalty lower by two (2) degrees than that prescribed for the training and skills acquisition of the child.
consummated felony under Section 5 of RA 7610 shall be imposed upon In the above-exceptional cases where any such child may be employed,
the principals of the attempt to commit the crime of child prostitution under the employer shall first secure, before engaging such child a work permit
this Act, or, in the proper case, under the Revised Penal Code. (Sec. 6, from the Department of Labor and Employment which shall ensure
paragraph 2, RA 7610)
observance of the above requirements. [as amended by R.A. 9231]
Child Trafficking
Child Trafficking — Any person who shall engage in trading and dealing PROHIBITION OF CHILD MARRIAGE LAW
with children including, but not limited to, the act of buying and selling of a (RA 11596)
child for money, or for any consideration, or barter, shall suffer the penalty
of reclusion temporal to reclusion perpetua. The penalty shall be imposed Definition of Terms
in its maximum period when the victim is under sixteen (16) years of age. Section 3. Definition of Terms. – As used in this Act:
[as amended by R.A. 11648]
(a) Child refers to any human being under eighteen (18) years of
Attempt to Commit Child Trafficking age, or any person eighteen (18) years of age or over but who
There is an Attempt to Commit Child Trafficking when: is unable to fully take care and protect oneself from abuse,
neglect, cruelty, exploitation or discrimination because of a
a. When a child travels alone to a foreign country without valid reason
physical or mental disability or condition;
therefor and without clearance issued by the Department of Social
(b) Child marriage refers to any marriage entered into where one
Welfare and Development or written permit or justification from the
or both parties are children as defined in the paragraph above,
child's parents or legal guardian;
and solemnized in civil or church proceedings, or in any
b. When a pregnant mother executes an affidavit of consent for
recognized traditional, cultural or customary manner. It shall
adoption for a consideration;
include an informal union or cohabitation outside of wedlock
c. When a person, agency, establishment or child-caring institution
between an adult and a child, or between children;
recruits women or couples to bear children for the purpose of child
(c) Guardians refer to relatives or individuals taking custody of a
trafficking; or
child in the absence of the parents, or anyone to whom a child
d. When a doctor, hospital or clinic official or employee, nurse, midwife,
is given or left for care or custody, whether permanent or
local civil registrar or any other person simulates birth for the
temporary; or persons judicially appointed by a competent court
purpose of child trafficking; or;
as guardians;
e. When a person engages in the act of finding children among low-
(d) Parents refer to biological parents or adoptive parents; and
income families, hospitals, clinics, nurseries, day-care centers, or
(e) Solemnizing officers refers to any person authorized to officiate
other child-during institutions who can be offered for the purpose of
a marriage under Executive Order No. 209, otherwise known as
child trafficking. [R.A. 7610, Section 8]
“The Family Code of the Philippines,” or recognized to celebrate
Obscene Publication and Indecent Shows marriages by reason of religion, tradition, or customs.
Any person who shall hire, employ, use, persuade, induce, or coerce a Unlawful Acts
child to perform in obscene exhibitions and indecent shows, whether live Section 4. Unlawful Acts. – The following are declared unlawful and
or in video, or model in obscene publications or pornographic materials, or prohibited acts:
to sell or distribute the said materials shall suffer the penalty of prision (a) Facilitation of Child Marriage. – Any person who causes, fixes,
mayor in its medium period. [as amended by R.A. 11648] facilitates, or arranges a child marriage shall suffer the penalty
Employment of Children of prision mayor in its medium period and a fine of not less than
Children below fifteen (15) years of age shall not be employed except: Forty thousand pesos (P40,000.00): Provided, however, That
should the perpetrator be an ascendant, parent, adoptive

20
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
parent, step parent, or guardian of the child, the penalty shall child victim. On the other hand, non-exploitative shall mean there is no
be prision mayor in its maximum period, or fine of not less than actual or attempted act or acts of unfairly taking advantage of the child's
Fifty thousand pesos (P50,000.00), and perpetual loss of position of vulnerability, differential power, or trust during the conduct of
parental authority: Provided, further, That any person who sexual activities."
produces, prints, issues and/or distributes fraudulent or Amendment on Qualified Seduction
tampered documents such as birth certificates, affidavits of Section 2. Articles 337 and 338 of Act No. 3815, otherwise known as "The
delayed registration of birth and/or foundling certificates for the Revised Penal Code" are hereby amended to read as follows:
purpose of misrepresenting the age of a child to facilitate child
marriage or evade liability under this Act shall be liable under "Article 337. Qualified seduction. - The seduction of a minor, sixteen and
this section, without prejudice to liability under other laws: over but under eighteen years of age, committed by any person in public
Provided, finally, That if the perpetrator is a public officer, he or authority, priest, home-servant, domestic, guardian, teacher, or any person
she shall be dismissed from the service and may be perpetually who, in any capacity, shall be entrusted with the education or custody of
disqualified from holding office, at the discretion of the courts; the minor seduced, shall be punished by prision correccional in its
(b) Solemnization of Child Marriage. – Any person who performs or minimum and medium periods. "The penalty next higher in degree shall be
officiates a child marriage shall suffer the penalty of prision imposed upon any person who shall seduce his sister or descendant,
mayor in its maximum period and a fine of not less than Fifty whether or not she be a virgin or over eighteen years of age.
thousand pesos(P50,000.00): Provided, however, That if the "Under the provisions of this Chapter, seduction is committed when the
perpetrator is a public officer, he or she shall be dismissed from offender have carnal knowledge of any of the persons and under the
the service and may be perpetually disqualified from holding circumstances described therein."
office, at the discretion of the courts; and "Article 338. Simple seduction. - The seduction of a minor, sixteen and over
(c) Cohabitation of an Adult with a Child Outside Wedlock. – An but under eighteen years of age, committed by means of deceit, shall be
adult partner who cohabits with a child outside wedlock shall punished by arresto mayor."
suffer the penalty of prision mayor in its maximum period and a
fine of not less than Fifty thousand pesos (P50,000.00): Rape is committed:
Provided, however, That if the perpetrator is a public officer, he ● By a person who shall have carnal knowledge of another person under
or she shall likewise be dismissed from the service and may be any of the following circumstances:
perpetually disqualified from holding office, at the discretion of (a) When the offended party is under 16 years of age; or
the courts: Provided, finally, That this shall be without prejudice (b) is demented, even though none of the circumstances
to higher penalties that may be imposed in the Revised Penal mentioned above be present
Code and other special laws. ● No criminal liability if:
Public Crimes (a) the age difference between the parties is not more than 3
Section 5. Public Crimes. – The foregoing unlawful and prohibited acts are years
deemed public crimes and be initiated by any concerned individual. (b) the sexual act in question is proven to be consensual, non-
abusive, and non-exploitative
AN ACT PROVIDING FOR STRONGER (c) However, if the victim is under 13 years of age, this exception
PROTECTION AGAINST RAPE AND SEXUAL shall not apply
EXPLOITATION AND ABUSE, INCREASING
CRIMES AGAINST PERSONAL LIBERTY AND
THE AGE FOR DETERMINING THE
SECURITY
COMMISSION OF STATUTORY RAPE (RA
11648) Cybercrime Prevention Act of 2012
Cybercrime Offenses
Amendment on Rape
Offenses Against the Confidentiality, Integrity and availability of Computer
Section 1. Article 266-A (1)(d) of Act No. 3815, otherwise known as "The
Data and Systems
Revised Penal Code," as amended by Republic Act No. 8353 known as
(1) Illegal Access
"The Anti-Rape Law of 1997," is hereby further amended to read as
(2) Illegal Interception: The interception made by technical means
follows:
without right of any non-public transmission of computer data
"Article 266-A. Rape; When and How Committed. - Rape is committed: " to, from, or within a computer system including electromagnetic
1) By a person who shall have carnal knowledge of another emissions from a computer system carrying such computer
person under any of the following circumstances: " data.
2) When the offended party is under sixteen (16) years of age or (3) Data Interference: The intentional or reckless alteration,
is demented, even though none of the circumstances damaging, deletion or deterioration of computer data, electronic
mentioned above be present: Provided, That there shall be no document, or electronic data message, without right, including
criminal liability on the part of a person having carnal knowledge the introduction or transmission of viruses.
of another person sixteen (16) years of age when the age (4) System Interference.
difference between the parties is not more than three (3) years, (5) Misuse of Devices.
and the sexual act in question is proven to be consensual, non- (6) Cyber-squatting: The acquisition of a domain name over the
abusive, and non-exploitative: Provided, further, That if the internet in bad faith to profit, mislead, destroy reputation, and
victim is under thirteen (13) years of age, this exception shall deprive others from registering the same.
not apply.
Computer-related Offenses
"As used in this Act, non-abusive shall mean the absence of undue (1) Computer-related Forgery
influence, intimidation, fraudulent machinations, coercion, threat, physical, (2) Computer-related Fraud
sexual, psychological, or mental injury or maltreatment, either with (3) Computer-related Identity Theft: The intentional acquisition,
intention or through neglect, during the conduct of sexual activities with the use, misuse, transfer, possession, alteration or deletion of

21
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
identifying information belonging to another, whether natural or Circumstances Qualifying the Offense
juridical, without right: Provided, That if no damage has yet ● If the purpose of the kidnapping is to extort ransom, regardless of the
been caused, the penalty imposable shall be one (1) degree duration of detention. People v. Lidasan, G.R. No. 227425 [2017]
lower ● The maximum penalty shall be imposed when:
Content-related Offenses (1) The Purpose is to extort ransom;
(1) Cybersex (2) The victim is killed or dies as a consequence of the detention;
(2) Child Pornography (3) The victim is raped; and
(3) Unsolicited Commercial Communications: The transmission of (4) The victim is subjected to torture or dehumanizing acts. Art. 267,
RPC, as amended by R.A. No. 7659; People v. Magno, G.R. No.
commercial electronic communication with the use of computer
206972 (Resolution), December [2015]
system which seek to advertise, sell, or offer for sale products
and services are prohibited unless:
Kidnapping of Minors
(i) There is prior affirmative consent from Kidnapping and failure to return a minor Art. 270, RPC
the recipient; or Elements:
(ii) The primary intent of the communication (1) Offender must have been entrusted with custody of a minor; and
is for service and/or administrative (2) Said offender deliberately fails to return the said minor to the
announcements from the sender to its latter’s parents or guardian. People v. Bernardo y Tambien, G.R.
existing users, subscriber or customers; No. 144316, March 11, 2002
or (3) Inducing a minor to abandon his home. Art. 271, RPC
(iii) The following conditions are present:
(a) The commercial electronic communication contains Grave Coercion
a simple, valid, and reliable way for the recipient to ● Person prevented another from doing something not prohibited by
reject. receipt of further commercial electronic law; or
messages (opt-out) from the same source; ● He compelled him to do something against his will, be it right or
(b) The commercial electronic communication does not wrong; and
purposely disguise the source of the electronic ● Prevention of compulsion be effected by violence as would produce
message; and intimidation and control the offended party; and
(c) The commercial electronic communication does not ● Person who restrained the will and liberty of another had not the
purposely include misleading information in any part authority of law or the right to do so. Art. 286, RPC; Timoner v. People,
of the message in order to induce the recipients to G.R. No. L-62050 [1983]
read the message.
(4) Libel Light Coercion
● Offender is a creditor,
Other Offenses
● He seized anything belonging to his debtor,
(a) Aiding or Abetting in the Commission of Cybercrime: Any
● Seizure was accomplished by means of violence or a display of
person who willfully abets or aids in the commission of any of
material force producing intimidation; and
the offenses enumerated in this Act shall be held liable.
● Purpose of offender is to apply the same to the payment of the debt.
(b) Attempt in the Commission of Cybercrime: Any person who Art. 287, RPC
willfully attempts to commit any of the offenses enumerated in
this Act shall be held liable.
Trespass to Dwelling
All crimes defined and penalized by the RPC, and special laws, if ● Offender is a private person;
committed by, through and with the use of information and communications ● He enters the dwelling of another; and
technologies shall be covered by the relevant provisions of this Act; ● Entrance is against the latter's will. Art. 280, par. 1, RPC
Provided, that the penalty to be imposed shall be one (1) degree higher
than that provided for by the RPC, and special laws Grave Threats
● A person threatens another with the infliction upon the person,
Kidnapping and Serious Illegal Detention honor or his property of any wrong which is a crime. Art. 282, RPC
● Offender is a private individual; Light Threats
● He kidnaps or detains another, or in any other manner deprives the ● There must be a threat to inflict a wrong not constituting a crime,
latter of his liberty; with a demand for money or other condition. Art. 283, RPC
● Act of detention or kidnapping must be illegal; and ● In other light threats, there is no demand for money nor any
● In the commission of the offense, any of the following circumstances condition is imposed since acts are limited to verbal threats. Art. 285,
is present: RPC
(1) Kidnapping or detention lasts for more than 3 days;
(2) Committed by simulating public authority; CRIMES AGAINST PROPERTY
(3) Any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or Theft
(4) Person kidnapped or detained is a minor, female, or a public ● Committed by any person who shall take the personal property of
officer. Art. 267, RPC another with intent to gain
Gravamen of Kidnapping ● Without the owner’s consent; and
● The essence is the actual deprivation of the victim’s liberty coupled ● Without violence or intimidation of persons nor force upon things.
with the intent of the accused to effect it; Art. 308, RPC
● There must be indubitable proof that the actual intent of the malefactor
was to deprive the offended party of liberty; Qualified Theft
● The restraint however need not be permanent. People v. Pavillare, G.R. ● The theft is committed by a domestic servant;
No. 129970 [2000]

22
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● The theft is committed with grave abuse of confidence; ● Estafa by removing, concealing or destroying, in whole or in part, any
● The property stolen is either a motor vehicle, mail matter or large court record, office files, document or any other papers. Art. 315 (3),
cattle; RPC
● The property stolen consists of coconuts taken from the premises Estafa by Inducing Another to Sign Any Document
of a plantation; Elements:
● The property stolen is fish taken from a fishpond or fishery; or ● The offender induced the offended party to sign a document;
● The property was taken on the occasion any other calamity, ● Deceit was employed to make the offended party sign the
vehicular accident or civil disturbance. Art. 310, RPC; San Miguel document;
Corp. v. Puzon, Jr., G.R. No. 167567 [2010] ● The offended party personally signed the document; and
Carnapping ● Prejudice is caused to the offended party. Art. 315 (3a), RPC;
● The taking of a motor vehicle which belongs to another; Intestate Estate of Manolita Gonzales vda. de Carungcong v. People,
● The taking is without the consent or with violence, or intimidation or G.R. No. 181409, February [2010]
by force; and
● The taking is done with intent to gain. People v. Calabroso, G.R. No. Other forms of Swindling
126368 [2000] ● Pretending to be owner of any real property, shall convey, sell,
encumber or mortgage the same; Art. 316 (1), RPC
Estafa ● Knowing that real property is encumbered, shall dispose of the same,
Elements: even the encumbrance is not recorded; Art. 316 (2), RPC
● The accused defrauded another by abuse of confidence or by ● The owner of any personal property who shall wrongfully take it from
means of deceit; and its lawful possessor; Art. 316 (3), RPC
● Damage or prejudice capable of pecuniary estimation is caused to ● Any person who, to the prejudice of another, shall execute any
the offended party or third person. People v. Daud, G.R. No. 197539 fictitious contract; Art. 316 (4), RPC
[2014] ● A person who shall accept payment for services rendered, but did not
actually perform such services; Art. 316 (5), RPC and
ESTAFA WITH UNFAITHFULNESS OR ABUSE OF ● Any person who, while being a surety in a bond given in a criminal or
CONFIDENCE civil action
Ways of committing estafa: (1) Without express authority from the court, or
A. Estafa with Unfaithfulness (2) Before the cancellation of his bond, or
Elements: (3) Before being relieved from the obligation contracted by him,
(1) The offender’s onerous obligation to deliver something of value; (4) Shall encumber the real property with which he guaranteed the
(2) He alters its substance, quantity or quality; and fulfillment of such obligation. Art. 316 (6), RPC
(3) Damage offended party or third person/s. Art. 315 (1)(a), RPC
Robbery
B. Estafa with Abuse of Confidence
● Committed by any person,
Elements:
● Who shall take any personal property belonging to another,
(1) Money or goods is received by the offender involving the duty to
● With intent to gain,
return the same;
(1) By means of violence against or intimidation of any person,
(2) Offender misappropriates or converts such money or property, or
(2) By using force upon anything. Art. 293, RPC
denies receipt of the same;
(3) Such misappropriation, conversion or denial is to the prejudice of Kinds of Robbery
another; and ● Robbery with violence or intimidation; and
(4) There is demand made by the offended party to the offender Art. ● Robbery with force upon things. Avecilla v. People, G.R. No. 46370
315(1)(b), RPC “unless there is already evidence of misappropriation [1992]
or conversion” Ceniza-Manantan vs. People, G.R. No. 156248 [2007]
Robbery with Homicide
C. Estafa by Taking Undue Advantage of the Signature in Blank Elements:
Elements: (1) The taking of personal property with the use of violence against or
(1) The paper with the offended party’s signature is in blank; intimidation of persons;
(2) The offended party delivered the same to the offender; (2) The property belongs to another;
(3) The offender wrote a document above the offended party’s (3) The taking is characterized with animus lucrandi; and
signature without authority to do so; (4) On the occasion of robbery or by reason thereof, the crime of
(4) The document so written creates a liability of, or causes damage to homicide, which is used in the generic sense, was committed.
the offended party or to third person/s. Art. 315 (1)(c), RPC (People v. Gavina, G.R. No.118076 [1996]

ESTAFA BY MEANS OF DECEIT Robbery with Serious Physical Injuries

● There must be false pretense, fraudulent act or fraudulent means; The serious physical injuries must be inflicted in the course during the
● Executed prior to or simultaneously with the commission of the robbery. Art. 294, par. 2 & 3, RPC
fraud;
● The offended party must have relied on the same; and Robbery with Rape
● As a result, he suffered damage. Art. 315 (2), RPC ● When the robbery shall have been accompanied with rape. People v.
Moreno, G.R. No. 140033 [2002]
ESTAFA THROUGH FRAUDULENT MEANS ● Intent of robbery must precede the rape. People v. Moreno, supra
● Estafa by inducing another to sign any document;
● Estafa by resorting to some fraudulent practice to insure success in
a gambling game; and

23
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Robbery in an Inhabited House or Public Building or Edifice Devoted (2) The widowed spouse with respect to the property which
to Worship belonged to the deceased spouse before the same shall have
First Mode: passed into the possession of another; and
● The malefactor shall enter the house or building, (3) Brothers and sisters and brothers-in-law and sisters-in-law, if
● In which the robbery is committed, living together.
● By any of the following means: (4) Shall not be applicable to strangers participating in the
o Through an opening not intended for entrance or egress; commission of the crime. Art. 332, RPC
o By breaking any wall, roof, or floor or breaking any door or
window; ANTI-FENCING LAW OF 1979
o By using false keys, picklocks, or similar tools;
o By using any fictitious name or pretending to exercise public
(Secs. 2-6, P.D. No. 1612)
authority.
Fencing
Second Mode:
● Robbery is committed under any of the following circumstances: ● Robbery or theft has been committed;
o By breaking of doors, wardrobes, chests, or any other kind of ● The accused, who took no part in the robbery, deals in any article
locked or sealed furniture or receptacle; or object taken" during that robbery or theft;
o By taking such furniture or objects away to be broken or forced ● The accused knows or should have known that the thing was
open outside the place of the robbery. Art. 299, RPC derived from that crime; and
● By the deal he makes, he intends to gain for himself or for another.
Sec. 2(a), P.D. 1612
Highway Robbery/Brigandage
● Seizure of any person for ransom, extortion or other unlawful Presumption of Fencing
purposes; ● Mere possession of any good, article, item, object, or anything
● The taking away of the property of another; of value which has been the subject of robbery or thievery shall
● By means of violence against or intimidation of person; be prima facie evidence of fencing.
● Force upon things or other unlawful means; Exception
● Committed by any person; With Clearance or Permit to Sell [Sec. 6] Section 6. Clearance/Permit to
● On any Philippine Highway. Sec. 2(e), P.D. 532 Sell/Used Second Hand Articles. For purposes of this Act, all stores,
establishments or entities dealing in the buy and sell of any good, article
Arson item, object of anything of value obtained from an unlicensed dealer or
● Committed by any person who, supplier thereof, shall before offering the same for sale to the public, secure
● Burns or sets fire to the property of another; or the necessary clearance or permit from the station commander of the
● Sets fire to his own property under circumstances which expose to Integrated National Police in the town or city where such store,
danger the life or property of another. Sec. 1, P.D. No. 1613 establishment or entity is located. The Chief of Constabulary/Director
General, Integrated National Police shall promulgate such rules and
What crime is committed if both burning and death occur regulations to carry out the provisions of this section. Any person who fails
(1) Main objective is burning of a building or to secure the clearance or permit required by this section or who violates
edifice; but any of the provisions of the rules and regulations promulgated thereunder
Arson (2) Death occurs by reason of arson; shall upon conviction be punished as a fence.
(3) Homicide is absorbed. People v. Malngan y
Mayo, G.R. No. 170470, Sept. 26, 2006 CRIMES AGAINST CHASTITY
(1) Main objective is killing; and
Murder (2) Fire is resorted to as the means to accomplish
killing. People v. Malngan y Mayo, supra ANTI-PHOTO AND VIDEO VOYEURISM ACT
(1) Main objective is killing; OF 2009 (RA 9995)
Homicide/Murder (2) Killing was successful; and
and Arson (3) Fire is resorted to cover up the killing. People Definition of Terms
v. Malngan y Mayo, supra ● Broadcast: To make public, by any means, a visual image with
the intent that it be viewed by a person or persons.
Malicious Mischief ● Capture: To videotape, photograph, film, record by any means,
Elements: or broadcast.
● That the offender deliberately caused damage to the property of ● Photo or Video Voyeurism:
another; (a) The act of taking photo or video coverage of a
● That such act does not constitute arson or other crimes involving person or group of persons performing sexual act or
destruction; and any similar activity or of capturing an image of the
● That the act of damaging another's property be committed merely private area of a person or persons;
for the sake of damaging it. Valeroso v. People, G.R. No. 149718, [2003] (b) Without the latter's consent;
(c) Under circumstances in which such person has a
Exemptions in Crimes against Property reasonable expectation of privacy; or
● No criminal, but only civil liability, (d) The act of selling, copying, reproducing,
● Shall result from the commission, broadcasting, sharing, showing or exhibiting the
● Of the crime of theft, swindling or malicious mischief, photo or video coverage or recordings of such
● Committed or caused mutually by the following persons: sexual act or similar activity;
(1) Spouses, ascendants and descendants, or relatives by affinity (e) Through VCD/DVD, internet, cellular phones and
in the same line. similar means or device;

24
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(f) Without the written consent of the person involved, Simple Seduction
notwithstanding that consent to record or take photo ● The seduction (having carnal knowledge) of a woman,
or video coverage of same was given by such ● Who is single or a widow of good reputation, over sixteen (16) but under
persons. SEC. 3(d) eighteen (18) years of age,
● Under circumstances in which a person has a reasonable ● Committed by means of deceit. Art. 338, RPC
expectation of privacy:
(a) A belief that he/she could disrobe in privacy, without Qualified Seduction
being concerned that an image or his private area was By Abuse of Authority or Confidence:
being captured; or ● The seduction of a virgin,
(b) Circumstances in which a reasonable person would ● Over sixteen (16) years and under eighteen (18) years of age,
believe that his private area would not be visible to the ● Committed by:
public, whether that person is in a public or private place. (1) Any person in public authority,
Prohibited Acts (2) Priest,
(a) To take photo or video coverage of a person/s performing (3) House-servant,
sexual act or any similar activity or to capture an image (4) Domestic,
of his private area; (5) Guardian,
● Without the consent of the person/s involved (6) Teacher, or
● Under circumstances in which the person/s has/have a (7) Any person who, in any capacity, shall be entrusted with the
reasonable expectation of privacy; education or custody of the woman seduced. Art. 337, par. 1,
(b) To copy or reproduce, or to cause to be copied or RPC as amended by RA 11648
reproduced, such photo or video or recording of sexual By Abuse of Relationship:
act or any similar activity with or without consideration; ● Committed by any person,
(c) To sell or distribute, or cause to be sold or distributed, ● Who shall seduce his sister or descendant,
such photo or video or recording of sexual act, whether it ● Whether or not she be a virgin, or
be the original copy or reproduction thereof; or ● Whether or not she be over eighteen (18) years of age. Art. 337, par.
(d) To publish or broadcast, or cause to be published or 2, RPC
broadcast, whether in print or broadcast media, or show
or exhibit the photo or video coverage or recordings of SPECIAL PROTECTION OF CHILDREN
such sexual act or any similar activity through VCD/DVD, AGAINST ABUSE, EXPLOITATION, AND
internet, cellular phones and other similar means or
device. DISCRIMINATION ACT
(e) The prohibition under paragraphs (b), (c) and (d) shall (Secs. 3(a), 5 and 10, R.A. No. 7610)
apply notwithstanding that consent to record or take
photo or video coverage of the same was given by such Child Prostitution
person/s. Children who, for profit, due to the influence of any adult, indulge in sexual
Any person who violates this provision shall be liable for photo or video intercourse or lascivious conduct RA 7610, as amended by RA 11648
voyeurism as defined herein.
Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Acts of Lasciviousness vs. Acts of Lasciviousness with the Consent Conditions Prejudicial to the Child’s Development
of the Offended Party ● Having in his company a minor, 12 years or under or who in 10 years
● As to the offended party - or more his junior in any hotel, motel, beer joint etc.
o In Acts of Lasciviousness, offended party is female or male; ● Any person who shall induce, deliver or offer a minor to any one
o In Acts of Lasciviousness with the consent of the offended party, prohibited by this Act to keep in his company.
offended party should be female; ● Any person, owner, or manager who allows any person to take along
with him to such place any minor
● As to the acts committed - ● Any person who shall use, coerce, force or intimidate a street child
o In Acts of Lasciviousness, acts are committed under circumstances or any other child to:
which, had there been carnal knowledge, would amount to rape; o Beg or use begging as a means of living;
o In the latter, the acts committed, had there been carnal knowledge, o Act as conduit or middlemen in drug trafficking or pushing;
would amount to either qualified seduction or simple seduction. Art.
339, RPC
Compare Prosecution for Acts of Lasciviousness Under Art. 366,
RPC, and RA 7610, as amended
Forcible Abduction
● Offended party must be a woman;
● Regardless of age and chastity; RA 7610 RPC, Article 366
● Taking away of the offended party must be against her will; and
● Taking away of the offended party must be with lewd designs. (Art. 342, Conviction for such crime requires the Before an accused can be held criminally
RPC) concurrence of the following elements: liable for lascivious conduct under
(a) That the offender commits Section 5 (b) of RA 7610, the requisites
Consented Abduction of the crime of Acts of Lasciviousness as
any act of lasciviousness or
● Offended party must be a virgin; penalized under Article 336 of the RPC
lewdness;
● She must be over 12 and under 18 years of age; (b) That it is done under any of above-enumerated must be met in
● Taking away of the offended party must be with her consent, after the following circumstances: addition to the requisites for sexual
solicitation or cajolery from the offender; and abuse under Section 5 (b) of RA 7610, as
(i) Through force, threat, or intimidation, follows:
● Taking away of the offended party must be with lewd designs. (Art. 343,
RPC) (ii) When the offended party is deprived (1) The accused commits the

25
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

of reason or otherwise unconscious, act of sexual intercourse or

● From which an immediate personal harm, injury or material
lascivious conduct; damage results
(iii) By means of fraudulent machination ● By reason of an inexcusable lack of precaution or advertence
or grave abuse of authority, and (2) The said act is performed
with a child exploited in on the part of the person committing it;
(iv) When the offended party is under prostitution or subjected to ● In this case, the danger is visible and consciously appreciated
twelve (12) years of age or is demented, other sexual abuse; and (3) by the actor;
even though none of the circumstances That the child, whether male
mentioned above be present; and ● In contrast, simple imprudence or negligence comprises an act
or female, is below 18 years done without grave fault, from which an injury or material
(c) That the offended party is another of age.
damage ensues by reason of a mere lack of foresight or skill.
person of either sex.

CRIMES AGAINST THE CIVIL STATUS OF

PERSONS
Bigamy
● Offender is legally married;
● Marriage has not been dissolved or the absent spouse has not yet
been presumed dead according to the Civil Code;
● He contracts a second or subsequent marriage; and
● Second or subsequent marriage has all the essential requisites for
validity. Art. 349, RPC

CRIMES AGAINST HONOR

Libel
Elements
● The imputation of a discreditable act or condition to another,
● The publication of the imputation,
● The identity of the person defamed, and
● The existence of malice. Vicario y Mendez v. Court of Appeals, G.R.
No. 124491 [1999]
Libelous Remarks connected with Privileged Matter under Article 354
The author or editor of a newspaper is not exempt from criminal liability if
the libelous remarks were made with malice. Art. 362, RPC

Slander
This offense is also called oral defamation. Art. 358, RPC
Elements:
(1) There must be an imputation of a crime or a vice or defect, real or
imaginary, status or circumstances;
(2) The imputation must be made publicly;
(3) It must be malicious;
(4) It must be directed at a natural or juridical person or one who is
dead;
(5) It must tend to defame; and
(6) The imputation, must be verbally made or orally uttered. Villanueva
v. People, G.R. No. 160351 [2006]

CRIMINAL NEGLIGENCE (ARTICLE 365)

Punishable Acts
● Committing through reckless imprudence any act which, had it
been intentional, would constitute a grave or less grave felony
or light felony;
● Committing through simple imprudence or negligence an act
which would otherwise constitute a grave or a less serious
felony;
● Causing damage to the property of another through reckless
imprudence or simple imprudence or negligence; and
● Causing through simple imprudence or negligence some wrong
which, if done maliciously, would have constituted a light felony.
Notes:
● Reckless imprudence or negligence consists of a voluntary act
done without malice,

26
 BAR FINGERTIPS
BASED ON THE 2023 BAR SYLLABUS

REMEDIAL LAW

I. General Principles
A. Substantive Law vs. Remedial Law 1
B. Rule-Making Power of the Supreme Court 1
C. Principle of Judicial Hierarchy 1
D. Doctrine of Non-Interference/Judicial Stability 1

II. Jurisdiction
A. Classification of Jurisdiction 1
1. Original vs. Appellate 1
2. General vs. Special 1
3. Exclusive vs. Concurrent 1

B. Doctrines of Hierarchy of Courts and Adherence of Jurisdiction 1

C. Jurisdiction of Various Philippine Courts and Tribunals 1

1. Supreme Court 1
2. Court of Appeals 2
3. Court of Tax Appeals 2
4. Sandiganbayan 2
5. Regional Trial Courts 3
6. Family Courts 3
7. Metropolitan Trial Courts, Municipal Trial Courts, Municipal
Trial Courts in cities, and Municipal Circuit Trial Courts
(Republic Act No. (RA) 11576, An Act Further Expanding
the Jurisdiction of First-Level Courts) 3

D. Aspects of Jurisdiction 3
1. Jurisdiction Over the Parties 3
2. Jurisdiction Over the Subject Matter 4
3. Jurisdiction Over the Issues 4
4. Jurisdiction Over the Res or the Property in Litigation 4

E. Jurisdiction vs. Exercise of Jurisdiction 4

F. Jurisdiction vs. Venue 4
G. Jurisdiction Over Cases Covered by Barangay Conciliation, and
Cases Covered by the Rules on Expedited Procedures in the
First Level Courts (Administrative Matter (A.M.) No. 08-8-7-
SC, as amended, approved on March 1, 2022) 4
III. Civil Procedure (A.M. No. 19-10-20-SC)
A. General Provisions (Rule 1) 5

B. Kinds of Action 5
1. In Rem 5
2. In Personam 5
3. Quasi in Rem 5

C. Cause of Action (Rule 2) 5

D. Parties to Civil Actions (Rule 3) 5
E. Venue (Rule 4) 6

F. Pleadings 6
1. Kinds (Rule 6) 6
2. Parts of a Pleading (Rule 7) 6

3. Manner of Making Allegations (Rule 8) 6

a) In General 6
b) Action or Defense Based on Document 6
c) Specific Denial 6
d) Affirmative Defenses 6

4. Effect of Failure to Plead (Rule 9) 7

5. Amended and Supplemental Pleadings (Rule 10) 7
6. When to File Responsive Pleadings (Rule 11) 7

G. Filing and Service (Rule 13) 7

1. Rules on Payment of Docket Fees; Effect of Non-Payment 7
2. Efficient Use of Paper Rule; E-filing (A.M. No. 10-3-7-SC
and A.M. No. 11-9-4-SC, as revised, approved on
February 22, 2022) 7

H. Summons (Rule 14) 8

1. Nature and Purpose of Summons in Relation to Actions
In Personam, In Rem, and Quasi In Rem 8
2. Who May Serve Summons 8
3. Validity of Summons and Issuance of Alias Summons 8
4. Personal Service 8
5. Substituted Service 8
6. Constructive Service 8
7. Extraterritorial Service 8
8. Proof of Service 8

I. Motions (Rule 15) 8

1. In General 8
2. Non-litigious Motions 8
3. Litigious Motions 8
4. Prohibited Motions 9
 5. Motion for Bill of Particulars (Rule 12) 9

J. Dismissal of Actions (Rule 17) 9

1. With Prejudice vs. Without Prejudice 9
2. Dismissals Which Have an Effect of an Adjudication
on the Merits 9

K. Pre-Trial (Rule 18) 9

1. Nature and Purpose 9
2. Appearance of Parties; Effects of Failure to Appear 9
3. Pre-Trial Brief; Effect of Failure to File 9

L. Intervention (Rule 19) 9

M. Subpoena (Rule 21) 9
N. Computation of Time (Rule 22) 10

O. Modes of Discovery 10
1. Depositions (Rules 23 and 24); See People vs Sergio, G.R.
No. 240053, October 9, 2019 10
2. Interrogatories to Parties (Rule 25) 10
3. Admission by Adverse Party (Rule 26) 10
4. Production or Inspection of Documents or Things (Rule 27) 10
5. Physical and Mental Examination of Persons (Rule 28) 10
6. Refusal to Comply With Modes of Discovery (Rule 29) 10

P. Trial (Rule 30) 10

1. Schedule of Trial 10
2. Adjournments and Postponements 10
3. Requisites of Motion to Postpone Trial for Illness of Party
or Counsel 10

Q. Consolidation or Severance (Rule 31) 10

R. Demurrer to Evidence (Rule 33) 11

1. Grounds 11
2. Effect of Order Denying Demurrer to Evidence 11

S. Judgments and Final Orders 11

1. Judgments on the Pleadings (Rule 34) 11
a) Grounds 11
b) Action on Motion for Judgment on the Pleadings 11

2. Summary Judgments (Rule 35) 11

a) Effect of Order Denying a Motion for Summary Judgment 11

3. Rendition and Entry of Judgments and Final Orders (Rule 36) 11

 T. Post-Judgment Remedies 11
1. Motion for New Trial or Reconsideration (Rule 37) 11
a) Remedy Against Denial 11
b) Fresh-Period Rule 11

2. Appeals 11
a) Nature of Right to Appeal 11
b) Judgments and Final Orders Subject to Appeal 11
c) Matters Not Appealable͊ Available Remedies 11
d) Doctrine of Finality/Immutability of Judgment 11
e) Modes of Appeal (Period, Perfection, Issues to be Raised) 11
(1) Appeal from Municipal Trial Courts to Regional Trial
Courts (Rule 40) 12
(2) Appeal from the Regional Trial Courts (Rule 41) 12
(3) Petition for Review form the Regional Trial Court to
the Court of Appeals (Rule 42) 12
(4) Appeals from the Court of Tax Appeals, Civil Service
Commission, and Quasi-Judicial Agencies (Rule 43) 12
(5) Appeals by Certiorari to the Supreme Court (Rule 45) 12
(6) Review of Judgments or Final Orders of the Commission
on Audit and Commission on Elections (Rule 64) 12
(7) Dismissal, Reinstatement, and Withdrawal of Appeal 12

3. Petition for Relief from Judgment (Rule 38) 13

4. Annulment of Judgment (Rule 47) 13
5. Collateral Attack on Judgments 13

U. Execution, Satisfaction, and Effect of Judgments (Rule 39) 13

IV. Provisional Remedies

A. Nature, Purpose, and Jurisdiction over Provisional Remedies 13
B. Preliminary Attachment (Rule 57) 14
C. Preliminary Injunction (Rule 58) 14
D. Receivership (Rule 59) 14
E. Replevin (Rule 60) 15

V. Special Civil Actions

A. Jurisdiction and Venue 15
B. Interpleader (Rule 62) 15
C. Declaratory Relief and Similar Remedies (Rule 63) 15

D. Certiorari, Prohibition, and Mandamus (Rule 65) 15

1. Definition and Distinctions 15
2. Requisites, When, and Where to File 15
3. Exceptions to Filing of Motion for Reconsideration Before
Filing Petition 15

E. Quo Warranto (Rule 66) 16

 F. Expropriation 16
1. Two Stages in Every Action for Expropriation 16
2. Order of Expropriation 16
3. Ascertainment of Just Compensation 16
4. Rights of Plaintiff Upon Judgment and Payment 16

G. Foreclosure of Real Estate Mortgage 16

1. Judicial Foreclosure 16
2. Extrajudicial Foreclosure (Act No. 3135, as amended) 16
3. The General Banking Law of 2000 (Sec. 47, RA 8791) 16

H. Partition (Rule 69) 16

I. Forcible Entry and Unlawful Detainer (Rule 70) 16
J. Contempt of Court (Rule 71) 16

VI. Special Proceedings and Special Writs

A. Settlement of Estate of Deceased Persons 17
1. Venue and Process (Rule 73) 17
2. Summary Settlement of Estates (Rule 74) 17
3. Allowance or Disallowance of Wills (Rule 76) 17
4. Claims against the Estate (Rule 86) 17
5. Payment of the Debts of the Estate (Rule 88) 17
6. Sales, Mortgages, and Other Encumbrances of Property of
Decedent (Rule 89) 17
7. Distribution and Partition (Rule 90) 17

B. Guardianship 18
1. Venue (Rule 92) 18
2. Appointment of Guardians (Rule 93) 18
3. General Powers and Duties of Guardians (Rule 96) 18
4. Termination of Guardianship (Rule 97) 18

C. Writ of Habeas Corpus (Rule 102) 18

1. Writ of Habeas Corpus in Relation to Custody of Minors
(A.M. No. 03-04—04-SC) 18

D. Change of Name (Rule 103) 18

E. Cancellation or Correction of Entries in the Civil
Registry (Rule 108) 18
F. Clerical Error Law (RA 9048, as amended by RA 10172) 18
G. Writ of Amparo (A.M. No. 07-9-12-SC) 18
H. Writ of Habeas Data (A.M. No. 08-1-16-SC) 19

I. Rules of Procedure on Environmental Cases (A.M. No. 09-6-8-SC) 19

1. Temporary Environmental Protection Order (TEPO) 19
2. Writ of Continuing Mandamus 19
3. Writ of Kalikasan 19
VII. Criminal Procedure
A. General Concepts 19
1. Criminal Jurisdiction; Concept and Requisites for Exercise 19
2. When Injunction may be filed 19

B. Prosecution of Offenses (Rule 110) 19

C. Prosecution of Civil Action (Rule 111) 20

D. Preliminary Investigation (Rule 112) 20

1. Executive vs. Judicial Determination of Probable Cause 20

E. Arrest (Rule 113) 20

1. Arrest Without Warrant, When Lawful 20
2. Requisites of a Valid Warrant of Arrest 21
3. Determination of Probable Cause for Issuance of Warrant of
Arrest 21

F. Bail (Rule 114) 21

1. Nature 21
2. When a Matter of Right Exceptions 21
3. When a Matter of Discretion 21

G. Arraignment and Plea (Rule 116) 21

1. Searching Inquiry 21
2. Improvident Plea 21

H. Motion to Quash (Rule 117) 21

1. Grounds 21
2. Double Jeopardy 21
3. Provisional Dismissal 21

I. Pre-Trial (Rule 118) 21

1. Pre-Trial Agreement 21
2. Non-Appearance During Pre-Trial 21
3. Pre-Trial Order 21

J. Trial (Rule 119) 21

1. Trial In Absentia 22
2. Examination of Witness for the Prosecution 22
3. Requisites for Discharge of Accused to Become a State
Witness 22
4. Effects of Discharge of Accused as State Witness 22
5. Demurrer to Evidence 22
6. Revised Guidelines on Continuous Trial 22

K. Judgment (Rule 120) 22

1. Promulgation of Judgment 22
 L. Motion for New Trial or Reconsideration (Rule 121) 22
M. Appeal (Rule 122) 22
N. Search and Seizure (Rule 126) 22
O. Provisional Remedies in Criminal Cases (Rule 127) 23
P. The Rule on Cybercrime Warrants 23

VIII. Evidence
A. General Concepts 23
1. Proof vs. Evidence 23
2. Burden of Proof vs. Burden of Evidence 23
3. Equipoise Rule 23

B. Admissibility (Rule 128) 23

1. Requisites for Admissibility of Evidence 23
2. Relevance of Evidence and Collateral Matters 23
3. Multiple Admissibility 23
4. Conditional Admissibility 23
5. Curative Admissibility 23
6. Direct and Circumstantial Evidence 23
7. Positive and Negative Evidence 23
8. Competent and Credible Evidence 23

C. Judicial Notice and Judicial Admissions (Rule 129) 24

D. Object (Real) Evidence (Rule 130, A) 24

1. Requisites 24
2. Exclusionary Rules 24

E. Documentary Evidence (Rule 130, B) 24

1. Definition 24
2. Original Document Rule 24
3. Secondary Evidence 24
4. Parol Evidence Rule 24

F. Testimonial Evidence (Rule 130, C) 24

1. Qualifications of Witnesses 24

2. Disqualifications of Witnesses 24
a) Disqualification by Reason of Marriage 24
b) Disqualification by Reason of Privileged Communications;
Rule on Third Parties 24
c) Parental and Filial Privilege Rule 24
d) Privilege Relating to Trade Secrets 24

3. Testimonial Privilege 24
4. Admissions and Confessions 24
5. Previous Conduct as Evidence 24
6. Testimonial Knowledge 24
 7. Hearsay and Exceptions to the Hearsay Rule 24
8. Opinion Rule 25
9. Character Evidence 25

G. Burden of Proof and Presumptions (Rule 131) 25

H. Presentation of Evidence (Rule 132) 25

1. Examination of Witnesses 25
a) Rights and Obligations of a Witness 25
b) Leading and Misleading Questions 25
c) Impeachment of Witnesses 25

2. Authentication and Proof of Documents 25

a) Meaning of Authentication 25
b) Classes of Documents 25
c) Authentication of a Private Writing 25
d) Public Documents as Evidence; Proof of Official Record 25

3. Offer and Objection 25

a) When to Make an Offer 25
b) When to Make an Objection 25
c) Tender of Excluded Evidence 25

I. Judicial Affidavit Rule (A.M. No. 12-8-8-SC) 25

J. Weight and Sufficiency of Evidence (Rule (Rule 133) 25
K. Rules on Electronic Evidence (A.M. No. 01-7-01-SC) 26
 BAR FINGERTIPS
Based on the 2023 BAR Syllabus

REMEDIAL LAW
● To hold otherwise would be to divide the jurisdiction of the appropriate
GENERAL PRINCIPLES forum in the execution proceedings. Splitting of jurisdiction is obnoxious
to the orderly administration of justice. (Ibid.)
SUBSTANTIVE LAW vs. REMEDIAL LAW
Substantive Law Remedial Law JURISDICTION
Creates, defines and regulates Prescribes the method and
rights, or which regulates the rights procedure of enforcing rights or CLASSIFICATION OF JURISDICTION
and duties which give rise to a obtaining redress for their invasions.
cause of action. Bustos v. Lucero, Primicias v. Ocampo, G.R. No. L-6120
[1953] Exclusive
G.R. No. L-2068 [1948]
vs.
There is a vested right. Fabian v. No vested rights may attach. Go v. Concurrent
Desierto, G.R. No. 129742 [1998] Sunbanon, G.R. No. 168240 [2011] Original General
vs. vs. Special
It is enacted by the legislature. It is promulgated by the Supreme Appellate
Court. ART. VIII, SEC. 5(5), CONST.
Generally applies retroactively
Prospective in application so as not because no vested rights may attach
to impair vested rights. from procedural rules. Jose v. Classification
Javellana, GR No. 158239, [2012] of Jurisdiction

RULE MAKING POWER OF THE SUPREME COURT

● The Supreme Court shall have the power:
(1) To promulgate rules concerning the protection and enforcement of DOCTRINES OF HIERARCHY OF COURTS AND CONTINUITY
constitutional rights, pleading, practice, and procedure in all courts; OF JURISDICTION
(2) The admission to the practice of law, the Integrated Bar, and legal
● Once jurisdiction has attached to the court, it cannot be ousted by the
assistance to the underprivileged. SEC. 5(5), ART. VIII, CONST.
happening of subsequent events, although they be of a character which
● Limitations to the Rule-Making Power: Such rules shall provide:
would have prevented jurisdiction from attaching in the first instance.
(1) A simplified and inexpensive procedure for the speedy disposition of Baritua v. Mercader, G.R. No. 136048 [2001]
cases; ● The court, once jurisdiction has been acquired, retains that jurisdiction
(2) Shall be uniform for all courts of the same grade; and until it finally disposes of the case. (Ibid.)
(3) Shall not diminish, increase, or modify substantive rights. (Ibid.) ● Even the finality of the judgment does not totally deprive the court of
● Rules of procedure of special courts and quasi-judicial bodies shall jurisdiction over the case. Echegaray v.Secretary of Justice, G.R. No.
remain effective unless disapproved by the Supreme Court. (Ibid.) 132601 [1998]

PRINCIPLE OF JUDICIAL HIERARCHY JURISDICTION OF VARIOUS PHILIPPINE COURTS

● A practical judicial policy designed to restrain parties from directly Supreme Court
resorting to the Supreme Court when relief may be obtained before the ● Petitions for certiorari, prohibition or mandamus
lower courts. Aala v. Uy, GR No. 202781 [2017] against the:
● Exceptions: (1) Court of Appeals; (CA) SEC. 17, B.P. 129
(a) Genuine issues of constitutionality are raised; (2) Sandiganbayan; P.D. 1806
(b) The case is of transcendental importance; (3) Court of Tax Appeals; (CTA) R.A. 9282
(c) When the subject of review involves acts of a constitutional organ; Exclusive (4) Commission on Elections; ART. IX, SEC. 7,
(d) When there is no other plain, speedy, adequate remedy in the Original CONST
ordinary course of law; (5) Commission on Audit. (Ibid.)
(e) When the petition includes questions that may affect public welfare, ● Disciplinary proceedings against members of the
public policy, or demanded by the broader interest of justice; Bar and court personnel. RULE 56, RULES OF
(f) When the order complained of was a patent nullity; and COURT [ROC]
(g) When appeal was considered as an inappropriate remedy. (Ibid.) ● With the RTC: Cases affecting ambassadors, other
public ministers and consuls. ART. VIII, SEC. 5(1),
CONST
DOCTRINE OF NON-INTERFERENCE / JUDICIAL STABILITY ● With the CA: Petitions for certiorari, prohibition or
● No court can interfere by injunction with the judgments or orders of Concurrent mandamus against the:
another court of concurrent jurisdiction having the power to grant the (1) RTC; SEC. 21(1), B.P. 129
relief sought by the injunction. Barroso v. Omelio, et. al., G.R. No. 194767 (2) Civil Service Commission (CSC); R.A. 7902
[2015] (3) Central Board of Assessment Appeals
(CBAA); B.P. 129

1
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(4) National Labor Relations Commission (NLRC); ● Tax collection cases
St. Martine Funeral Homes v. NLRC, G.R. No. ● Review by appeal decisions or inaction of the
130866 [1998] Commissioner of Internal Revenue or of the
(5) Other quasi-judicial agencies. B.P. 129 Commissioner of Customs
(6) Petitions for Writ of Kalikasan; SEC. 7, RULE 3, ● Decisions of the Secretary of Finance where the
A.M. 09-6-8-SC decisions of the Commissioner of Internal
● With the RTC & CA: Petitions for: Revenue or of Customs favorable to the
(1) Habeas Corpus; taxpayer are elevated to the Finance Secretary;
(2) Quo Warranto; ● Decisions of Secretary of Trade and Industry,
(3) Certiorari, Prohibition and Mandamus against the Secretary of Agriculture as outlined in RA.
inferior courts and other bodies. ART. VIII, SEC. 8292.
5(1), CONST
Exclusive ● Appeals from the judgments, resolutions or
● By way of petition for review on certiorari against Appellate orders of the Regional Trial Courts in tax cases
the orders of: originally decided by them, in their respective
(1) CA; B.P. 129 territorial jurisdiction.
(2) Sandiganbayan; ● Petitions for review of the judgments, resolutions
(3) RTC on pure questions of law. or orders of the Regional Trial Courts in the
(4) In cases involving the constitutionality of a exercise of their appellate jurisdiction over tax
Appellate treaty, international or executive agreement, cases originally decided by the Metropolitan
law, presidential decree, order, instruction, Trial Courts, Municipal Trial Courts and
ordinance or regulation, tax, impost, Municipal Circuit Trial Courts in their respective
assessment or toll or penalty, jurisdiction of a jurisdiction.
lower court; ART. VIII, SEC. 5, CONST ● Tax Collection Cases
(5) CTA en banc. R.A. 9282
Sandiganbayan
Court of Appeals Exclusive Original ● Violations of RA 3019 (Anti-graft and Corrupt
Exclusive ● Actions for annulment of judgments of the RTC Practices Law)
Original SEC. 1, RULE 47 ● RA 1379 (Forfeiture of Illegally Acquired Wealth)
● With the SC: Petitions for certiorari, prohibition and ● Crimes by public officers or employees
mandamus against the: embraced in Ch. II, Sec.2 Title VII, Bk. II of the
(1) RTC; B.P. 129 RPC (Crimes committed by Public Officers)
(2) CSC; R.A. 7902 ○ Officials of the executive branch occupying
(3) CBAA; B.P. 129 the positions of regional director and
(4) Other quasi-judicial agencies; RULE 43, ROC higher, members of Congress and
(5) NLRC; and Officials, members of the Judiciary without
(6) Petition for the Issuance of Writ of Kalikasan. prejudice to the provision of the
Concurrent RULES ON ENVIRONMENTAL CASES Constitution, Chairmen and members of
● With the SC, Sandiganbayan, RTC, and Shari-ah: Constitutional Commissions, without
Petitions for certiorari, prohibition and mandamus prejudice to the provision of the
against lower courts and bodies and writs of quo Constitution and all other national and
warranto, habeas corpus, whether or not in aid of its local officials classified as Grade 27 and
appellate jurisdiction, and writ of continuing higher under the Compensation and
mandamus on environmental cases. Position Classification Act of 1989.
● With the SC, RTC and Sandiganbayan: Petitions ● Other offenses or felonies whether simple or
for writs of amparo and habeas data. Anama vs. complexed with other crimes committed in
Citibank, G.R. No. 192048 [2017] relation to their office by the public officials and
● From the decisions and orders of the RTC and the employees mentioned above;
Family Courts - Ordinary Appeal; ● Civil and Criminal Cases filed pursuant to and in
● Decisions rendered by the RTC in the exercise of connection with EO 1, 2, 14 & 14-A issued in
its appellate jurisdiction: Petition for Review from 1986
the RTC; ● Petitions for issuance of Writ of mandamus,
Exclusive
● Decisions, resolutions, orders or awards of the prohibition, certiorari, habeas corpus, injunction
Appellate
CSC, CBAA and other bodies and of the Office of and other ancillary writs and processes in aid of
the Ombudsman in administrative disciplinary its appellate jurisdiction; Provided, jurisdiction is
cases. not exclusive of the Supreme Court
● Decisions of MTCs in cadastral or land registration ● Petitions for Quo Warranto arising or that may
cases pursuant to its delegated jurisdiction; arise in cases filed or that may be filed under EO
Court of Tax Appeals 1, 2, 14 & 14- A
● Criminal cases involving violations of the ● Other offenses provided that the offender is SG
National Internal Revenue Code or the Tariff and 27 or higher:
Customs Code ○ Violation of RA 6713 - Code of Conduct
● Decisions of Regional Trial Courts (RTCs) in and Ethical Standards
Exclusive
local tax cases, and of the Central Board of ○ Violation of RA 7080 - THE PLUNDER
Original
Assessment Appeals involving the assessment LAW
and taxation of real property; and collection of ○ Violation of RA 7659 - The Heinous Crime
taxes the assessment of which has already Law
become final.

2
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
○ RA 9160 - Violation of The Anti-Money ● Petitions for declaration of status of children,
Laundering Law when committed by a petitions for voluntary or involuntary commitment of
public officer children, the suspension, termination or restoration
○ PD 46: Gift-Giving Decree of parental authority and other cases cognizable
○ PD 749. RA 8249 under EO 56 (1986);
Final judgments, resolutions or orders of the RTC ● Petitions for the constitution of the family home;
whether in the exercise of their original or appellate ● In areas where there are no Family Courts, the
Exclusive jurisdiction over crimes and civil cases falling within above-enumerated cases shall be adjudicated by
Appellate the original exclusive jurisdiction of the the RTC. RA 8369
Sandiganbayan but which were committed by public Metropolitan Trial Court / Municipal Trial Court
officers below Salary Grade 27. (1) Criminal Cases
Regional Trial Court ● Violations of city or municipal ordinances committed
● Matters incapable of pecuniary estimation, such as within their respective territorial jurisdiction,
rescission of contract; including traffic laws;
● Civil actions involving title to, possession of, or ● Offenses punishable with imprisonment not
interest in, real property where the assessed value exceeding six (6) years irrespective of the amount
exceeds P20,000 or, for civil actions in Metro of fine, including the civil liability arising from such
Manila, where such value exceeds P50,000 except offenses or predicated thereon; provided however,
actions for forcible entry into and unlawful detainer that in offenses involving damage to property
of lands or buildings; through criminal negligence, they shall have
● Probate proceedings where the gross value of the exclusive original jurisdiction thereof SEC. 2, RA 7691
estate exceeds P300,000 outside Metro Manila or (2) Civil Actions
exceeds P400,000 in Metro Manila; ● Probate proceedings, including the grant of
● Admiralty or maritime cases where the demand or provisional remedies where the gross value of the
Exclusive claim exceeds P300,000 outside Metro Manila or Exclusive personal property, estate, or amount of the demand
Original exceeds P400,000 in Metro Manila; Original does not exceed P300,000 outside Metro Manila or
● All actions involving the contract of marriage and does not exceed P400,000 in Metro Manila,
marital relations; exclusive of interest, damages of whatever kind,
● All civil actions and special proceedings falling attorney’s fees, litigation expenses, and costs.
within the exclusive original jurisdiction of a Juvenile ● Forcible entry and unlawful detainer, violation of
and Domestic Relations Court and of the Court of rental law;
Agrarian Relations as now provided by law; and ● Title to, or possession of, real property, or any
● In all other cases in which the demand, exclusive of interest therein where the assessed value of the
interest, damages of whatever kind, attorney’s fees, property or interest therein does not exceed
litigation expenses, and costs or the value of the P20,000 outside Metro Manila or does not exceed
property in controversy exceeds P300,000 (outside P50,000 in Metro Manila.
Metro Manila) or P400,000 (Metro Manila). B.P. 129 ● Admiralty or maritime cases where the claim is
● All cases not within the exclusive jurisdiction of any below P300,000 outside Metro Manila or below
General P400,000 in Metro Manila; B.P. 129
court, tribunal, person or body exercising judicial or
quasi-judicial functions. ● Petition for writ of habeas corpus and application for
● With the SC: Actions affecting ambassadors, other Special bail if the RTC Judge in the area is not available
public ministers and consuls. (Ibid.)
● With the SC and CA: Petitions for certiorari, ● Cadastral and land registration cases where there
prohibition and mandamus against lower courts and is no controversy and there are no oppositors
Concurrent bodies in petitions for quo warranto, habeas corpus, Delegated
provided the value of the land to be ascertained by
and writs of continuing mandamus on the claimant does not exceed P100,000. (Ibid.)
environmental cases.
● With the SC, CA and Sandigabayan: Petitions for ASPECTS OF JURISDICTION
writs of habeas data and amparo.
Jurisdiction over the Parties
● Cases decided by lower courts in their respective
territorial jurisdictions; ● The power of the court to render a personal judgment or to subject the
Appellate parties in a particular action to the judgment and other rulings rendered in
● Annulment of judgment from MTC. SEC. 10, RULE
47, ROC the action. Villagracia v. Fifth Shari’a Court, G.R. No. 188832 [2014]
Family Court ● Jurisdiction over the Plaintiff: Acquired by the plaintiff’s filing of the
● Guardianship, custody of children and habeas complaint or petition or other initiatory pleading. Davao Light & Power Co.
corpus involving children; Inc. v. CA, G.R. No. 93262 [1991]
● Adoption of children and the revocation thereof; ● Jurisdiction over the Defendant: Acquired either:
● Annulment of marriage, declaration of nullity of (1) By service of summons; or
Exclusive marriage and those relating to status and property (2) By his voluntary appearance in court which is equivalent to service of
Original relations of husband and wife and petitions for summons. SEC. 20, RULE 14, ROC
dissolution of conjugal partnership of gains; ● Note: As a general rule, one who seeks an affirmative relief is deemed to
● Petitions for support and/or acknowledgment; have submitted to the jurisdiction of the court, except when the defendant
● Summary judicial proceedings brought under the invokes the jurisdiction of the court by impugning such jurisdiction over his
provisions of the Family Code; person. David v. Agbay, G.R. No. 199113 [2015]

3
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Jurisdiction over the Subject Matter (2) Where one party is a public officer or employee, and the dispute
● Conferred by law and unlike jurisdiction over the parties, cannot be relates to the performance of his official functions;
conferred on the court by the voluntary act or agreement of the parties. Go (3) Offenses punishable by imprisonment exceeding one (1) year or a fine
v. Distinction Properties and Construction, Inc. G.R. No. 194024 [2010] exceeding P5,000.00;
● The issue of jurisdiction over the subject matter can be raised even for the (4) Offenses where there is no private offended party; (Ibid.)
first time on appeal. Heirs of Julao v. De Jesus, G.R. No. 176020 [2014] (5) Where the dispute involves real properties located in different cities or
● Estoppel by laches, to bar a litigant from asserting the court’s absence or municipalities, except when the parties agree to submit their
lack of jurisdiction, only supervenes in exceptional cases similar to the differences to amicable settlement by an appropriate Lupon;
factual milieu of Tijam. Figueroa v. People, G.R. No. 147406 [2008] (6) Disputes involving parties who actually reside in barangays of
Jurisdiction over the Issues different cities or municipalities, except where such barangay units
adjoin each other and the parties thereto agree to submit their
● It is the power of the court to try and decide issues raised in the pleadings
differences to amicable settlement by an appropriate Lupon;
of the parties. Reyes v. Diaz, G.R. No. L-48754 [1941]
(7) Such other classes of disputes which the President may determine in
● Generally, it is conferred and determined by the pleadings (initiatory
the interest of justice or upon the recommendation of the Secretary
pleadings or complaint and not the answer) of the parties. The pleadings
of Justice; (supra)
present the issues to be tried and determine whether or not the issues are
(8) Any complaint by or against corporations, partnerships, or juridical
of fact or law. (Ibid.)
entities. RATIONALE: only individuals shall be parties to barangay
● May also be determined and conferred by stipulation of the parties as
conciliation proceedings either as complainants or respondents;
when in the pre-trial, the parties enter into stipulations of facts and
(9) Disputes where urgent legal action is necessary;
documents or enter into agreements simplifying the issues of the case.
SEC. 2, RULE 18, ROC (10)Labor disputes or controversies arising from employer-employee
● May also be conferred by waiver or failure to object to the presentation of relationships; ART. 228, LABOR CODE, AS AMENDED
evidence on a matter not raised in the pleadings. SEC. 5, RULE 10, ROC (11)Where the dispute arises from the CARP Law; SEC. 46 AND 47, R.A.
6657
Jurisdiction over the Res or the Property in Litigation (12)Actions to annul judgment upon a compromise. Sanchez v. Tupaz, 158
● May be acquired by the court by placing the property or thing under its SCRA 459
custody (custodia legis). Example: attachment of property. Biaco v. PH SMALL CLAIMS CASES
Countryside Rural Bank, G.R. No. 161417 [2007]
● May also be acquired by the seizure of the thing under legal process ● Jurisdiction: Actions for money claims where the value of the claim before
whereby it is brought into actual custody of law, or it may result from the the MeTCs does not exceed P400,000, and does not exceed P300,000 in
institution of a legal action wherein the power of the court over the thing is MTCs, exclusive of interest and costs. SEC. 2, 2016 RULES, amended by
A.M. No. 08-08-7-SC
recognized and made effective. Gomez v. CA, G.R. No. 127692 [2004]
● Applicability:
(1) Actions purely civil in nature where the claim is solely for payment or
JURISDICTION vs. EXERCISE OF JURISDICTION reimbursement of sum of money; SEC. 5, 2016 RULES
(2) For liquidated damages arising from contracts; (Ibid.)
Jurisdiction Exercise of Jurisdiction (3) Enforcement of barangay amicable settlements or arbitration awards
The power or authority of the court The exercise of this power or on money claims covered by the Rule SEC. 5(c), Ibid.
to hear and decide cases, and to authority is the exercise of (4) For money owed under any of the following:
execute judgments. jurisdiction. (a) Contract of lease;
(b) Contract of loan;
Republic v. “G” Holdings, Inc. G.R. No. 141241 [2005] (c) Contract of service;
(d) Contract of sale; and
JURISDICTION vs. VENUE (e) Contract of mortgage. SEC. 5 (a), Ibid.
● Joinder of Claims: Plaintiff may join in a single statement of claim one or
Jurisdiction Venue
more separate small claims against a defendant provided that the total
The power or authority of the court amount claimed does not exceed two hundred thousand pesos
to hear and decide cases, and to The place where the suit may be (P200,000) SEC. 8, 2016 RULES
execute judgments. filed. ● Prohibited Pleadings and Motions:
A matter of substantive law A matter of procedural law (a) Motion to dismiss the complaint except on the ground of lack of
Fixed by law and cannot be May be conferred by the act or jurisdiction;
conferred by the parties agreement of the parties (b) Motion for a bill of particulars;
May be waived, except in criminal (c) Motion for new trial, or for reconsideration of a judgment, or for
Cannot be the subject of a valid
cases reopening of trial;
waiver
Nocum, et al. vs. Tan, GR No. 145022 [2005] (d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits, or any other
papers;
JURISDICTION OVER CASES COVERED BY BARANGAY (f) Memoranda;
CONCILIATION, SMALL CLAIMS CASES AND CASES (g) Petition for certiorari, mandamus, or prohibition against any
COVERED BY SUMMARY PROCEDURE interlocutory order issued by the court;
BARANGAY CONCILIATION (h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
● The Lupon of each barangay shall have authority to bring together the
(j) Reply;
parties actually residing in the same municipality or city for amicable
(k) Third-party complaints; and
settlement of all disputes. SEC. 2, P.D. 1508
(l) Interventions. SEC. 16, 2016 RULES
● Exceptions:
● Finality of Judgment: A decision in small claims cases is final, executory
(1) Where one party is the government or any subdivision or
and unappealable. SEC. 24, 2016 RULES
instrumentality thereof;

4
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● A petition for certiorari under Rule 65 may be filed when there is grave upon the same according to the prayer thereof Aquino v. Quiazon,
abuse of discretion amounting to lack or excess of jurisdiction in relation G.R. No. 201248 [2015].
to a judgment in a small claims action. A.L. Ang Network v. Mondejar, G.R. ● Splitting a single cause of action - if two or more suits are instituted
No. 200804 [2014] on the basis of the same cause of action, the filing of one or a
SUMMARY PROCEDURE judgment on the merits in any one is available as ground for the
● Scope: dismissal of the others Sec. 4, Rule 2. Dismissible on the grounds of
(1) Civil Cases: either litis pendentia, forum shopping, or res judicata.
(a) All cases of forcible entry and unlawful detainer; ● Joinder of causes of action - This is the assertion of as many causes
(b) Where attorney’s fees are awarded, the same shall not exceed P20,000 of action as a party may have against another in a single pleading.
and SEC. 1.A(1), REVISED RULES ON SUMMARY PROCEDURE Sec. 5, Rule 2. Misjoinder of causes of action is not a ground for the
(c) All other civil cases, except probate proceedings, where the total dismissal of the case Sec. 6, Rule 2.
amount of plaintiff’s claim does not exceed P100,000 or P200,000 in
Metropolitan Manila, exclusive of interest and costs A.M. No. 02-11- 09-
SC [2002]
PARTIES TO CIVIL ACTIONS (RULE 3)
(2) Criminal Cases: Only natural or juridical persons, or entities authorized by law may be parties
(a) Violations of traffic laws, rules and regulations; in a civil action. Sec. 1, Rule 3
(b) Violations of rental law; Neither misjoinder nor non-joinder of parties is a ground for the dismissal of
(c) Violations of municipal or city ordinances; an action Secs. 9 and 11, Rule 3
(d) All other criminal cases where penalty prescribed by law for the offense However, when the court orders the adding or dropping of a party and such
charged is imprisonment not exceeding six (6) months, or a fine not is not obeyed, it may be a ground for dismissal for failure to comply with the
exceeding P1,000 or both, provided, however, that in offenses involving court’s order Sec. 3, Rule 17.
damage to property through criminal negligence, this rule shall govern
where the imposable fine does not exceed P10,000. SEC. 1, REVISED ● Real-party-in-interest - party who stands to be benefited or injured by
RULES ON SUMMARY PROCEDURE the judgment in the suit, or the party entitled to the avails of the suit.
● Effect of Failure to Answer: The court, motu proprio, or on motion of Sec. 2, Rule 3
the plaintiff, shall render judgment as may be warranted by the facts ● Indispensable Party - parties in interest without whom no final
alleged in the complaint and limited to what is prayed for therein. SEC. determination can be had of an action shall be joined either as
6, REVISED RULES ON SUMMARY PROCEDURE plaintiffs or defendants. Sec. 7, Rule 3
● Representative Party - A representative party is one allowed by the
CIVIL PROCEDURE court to be a substitute to an action when the real parties-in-interest
(A.M. No. 19-10-20-SC) are incapacitated or incompetent, such as trustee, guardian,
executor, administrator, agent, and any other party authorized by law
GENERAL PROVISIONS (RULE 1) or these rules Sec. 3, Rule 3
These rules shall not apply to election cases, land registration, cadastral, ● Necessary Party - A necessary party is one who is not indispensable
naturalization and insolvency proceedings, and other cases not herein but who ought to be joined as a party if complete relief is to be
provided for except by analogy or in a suppletory character and whenever accorded as to those already parties, or for a complete determination
practicable and convenient. Sec. 4, Rule 1 or settlement of the claim subject of the action. Sec. 8, Rule 3
● Indigent Party - one who is allowed by the court to litigate his claim,
KINDS OF ACTION action, or defense upon ex parte application and hearing, when the
● Ordinary Civil Action - It is one by which a party sues another for the court is satisfied that such party has no money or property sufficient
enforcement or protection of a right or prevention or redress of a wrong. and available for food, shelter, basic necessities for himself and his
● Special Civil Action – refers to actions which while governed by the family. Sec. 21, Rule 3
rules for ordinary civil actions, are subject to specific rules prescribed ● Class Suit - A class suit is an action where the subject matter of the
for under rules 62-71 of the ROC. controversy is one of common or general interest to many persons
● Criminal Action - It is one by which the State prosecutes a person for so numerous that it is impracticable to join all as parties, a number of
an act or omission punishable by law. them which the court finds to be sufficiently numerous and
● Special Proceeding - a remedy by which a party seeks to establish a representative as to fully protect the interests of all concerned may
status, a right, or a particular fact. Sec. 3, Rule 1 sue or defend for the benefit of all. Any party in interest shall have
1. In Rem the right to intervene to protect his individual interest. Sec. 12, Rule 3
Actions in rem are actions against the thing itself. They are binding upon the
whole world.
2. In Personam
An action in personam is a proceeding to enforce personal rights and
obligations brought against the person and is based on the jurisdiction of
the person.
3. Quasi In Rem
One brought against an individual named as the defendant, to subject his
interest therein to the obligation or lien burdening the property.

C. CAUSE OF ACTION (RULE 2)

A cause of action is the act or omission by which a party violates the rights
of another Sec. 2, Rule 2
● The test of the sufficiency of the facts in a complaint is, whether or
not admitting the facts alleged, the court can render a valid judgment

5
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
VENUE (RULE 4) (4) The factual contentions have evidentiary support or, if
Refers to place where a civil action may be tries. In civil cases, venue is specifically so identified, will likely have evidentiary support after
procedural unlike in criminal cases where venue is jurisdictional. availment of the modes of discovery under these rules; and
(5) The denials of factual contentions are warranted on the
Real Actions Personal Actions
evidence or, if specifically so identified, are reasonably based
Actions affecting title to or
on belief or a lack of information.
possession of real property, or All other actions Sec. 2, Rule 4
interest therein Sec. 1, Rule 4 CERTIFICATION AGAINST FORUM-
VERIFICATION
SHOPPING
Venue is local, hence, venue is the Venue is transitory, hence, the
place where the real property residence of the plaintiff or When not required by law or rule, A mandatory requirement in filing
involved or, any portion thereof, is defendant, at the option of the pleadings need not be verified Sec. a complaint and other initiatory
4, Rule 7 pleadings asserting a claim or
situated. Sec. 1 Rule 4 plaintiff. Sec. 2, Rule 4
relief. Sec. 5, Rule 7
Actions against Non-Residents and not found in the Philippines Absence of which the pleading It is not curable by mere
Venue is the place where any Venue is the place where the shall be treated as an unsigned amendment and shall be a cause
property of said defendant is plaintiff resides. Sec. 3, Rule 4 pleading. However, Non- for the dismissal of action without
located in the Philippines. Sec. 3, compliance or a defect therein is prejudice, unless otherwise
Rule 4 not fatal. The court may order its provided, upon motion after
● Rules on venue shall not be applicable if rule or substantive law submission or correction. Sec. 4, hearing. Sec. 5, Rule 7
Rule 7
expressly provides otherwise, or when parties validly agreed in
writing on exclusive venue of an action before filing the same. Sec. 4, 3. Manner of Making Allegations (Rule 8)
Rule 4 a) In General
● Every pleading shall contain in a methodical and logical form, a
PLEADINGS plain, concise and direct statement of the ultimate facts, including
1. Kinds (Rule 6) the evidence on which the party pleading relies for his claim or
● Complaint; Counterclaim; Cross-claim; Third (fourth, etc.)-party defense, as the case may be. Sec. 1, Rule 8
complaint; Complaint-in-intervention; Answer; Reply; Rejoinder. b) Action or Defense Based on Document
Secs. 2 and 10, Rule 6 ● Whenever an action or defense is based upon a written instrument
● Ultimate facts - Those important and substantial facts which form the or document, the substance of such instrument or document shall
basis of the primary right and duty or which directly make up the be set forth in the pleading, and the original or a copy thereof shall
wrongful acts of the defendants. Tantuico, Jr. v. Republic, G.R. No. be attached to the pleading as an exhibit, which shall be deemed
89114 [1991] to be a part of the pleading. Sec. 7, Rule 8
● Contesting an actionable document – must be specifically denied
● Counterclaim
under oath and set forth what the adverse party claims to be the
a) Compulsory - It is a claim that arises out of or is necessarily
facts Sec. 8, Rule 8.
connected with the transaction or occurrence that is the subject
● Effect of failure to contest an actionable document – admission of
matter of the opposing party’s claim Section 7, Rule 6.
its genuineness and due execution ibid.
Compulsory counterclaim not raised in the same action is
barred, unless otherwise allowed by these Rules Sec. 8, Rule 6. c) Specific Denial
It is not an initiatory pleading and does not require certification Material averments not specifically denied are deemed admitted,
against forum-shopping. except: (1) amount of liquidated damages; (2) non-material averments;
(3) Conclusions of law.
b) Permissive - It does not arise out of nor is it necessarily
connected with the subject matter of the opposing party’s claim. ● Absolute denial – specifying each material allegation of fact the
It may be set up as an independent action. It is an initiatory truth of which that the defendant does not admit and, whenever
pleading that requires certification against forum shopping. practicable, shall set forth the substance of the matters upon
which he relies to support his denial; Sec. 10, Rule 8
● Reply - A reply is the plaintiff’s response to the defendant’s answer, ● Partial denial – denying only a part of an averment by specifying
the functions of which are as follows: (1) To deny or allege facts in so much of it as is true and material and shall deny only the
denial or in avoidance of new matters alleged by way of defense in remainder. Ibid.
the answer; and (2) To join or make issue as to such new matters ● Denial by disavowal of knowledge - alleging that defendant has
Plaintiff may file a reply only if the defending party attaches an no sufficient knowledge or information to form a belief as to the
actionable document to his or her answer Sec. 10, Rule 6. truth of a material averment made to the complaint Ibid.
2. Parts of a Pleading (Rule 7) ● Negative pregnant - It is an admission in avoidance. What is only
● Parts: Caption; Body; Signature and Address; Names of Witnesses; denied is the qualification to the averment. The substance of the
Summary of witnesses’ intended testimonies; Documentary and allegation is actually admitted.
Object evidence. d) Affirmative Defenses
● Significance of a counsel’s signature – it constitutes a certificate by An affirmative defense is an allegation of a new matter which, while
him or her that he or she: hypothetically admitting the material allegations in the pleading of the
(1) Has read the pleading and document; claimant, would nevertheless prevent or bar recovery by him or her
(2) It is not being presented for any improper purpose, such as to Section 5[b], Rule 6
harass, cause unnecessary delay, or needlessly increase the SECTION 12(A) RULE 8 SECTION 5(B) RULE 6
cost of litigation; 1. Lack of jurisdiction of the 1. Fraud;
(3) The claims, defenses, and other legal contentions are court over the person of the 2. Statute of limitations;
warranted by existing law or jurisprudence, or by a non-frivolous defending party; 3. Release;
argument for extending, modifying, or reversing existing 2. Improper venue; 4. Payment;
jurisprudence; 5. Illegality;

6
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
3. Lack of legal capacity by 6. Statute of Frauds; 6. When to File Responsive Pleadings (Rule 11)
plaintiff to sue; 7. Estoppel; PERIOD FOR FILING
4. Pleading asserting the claim 8. Former recovery; PLEADING
(**C.D – calendar days)
states no cause of action; 9. Discharge in bankruptcy; Answer to the Within 30 C.D after service of summons, unless different
and 10. Any other matter by way of complaint period is fixed by court Sec. 1, Rule 11
5. A condition precedent for confession and avoidance; and 1. With resident agent; or No resident agent but has
filing the claim has not been 11. Any ground for the dismissal of agent or officer in the PH – within 30 C.D after service
complied with a complaint, such as: of summons to such resident agent, agent, or officer
(a) Lack of jurisdiction of the Answer of a Sec. 1 Rule 11, Sec. 12 Rule 14;
court over the subject matter; defendant
2. No resident agent, agent, or officer - Where service of
(b) Litis pendentia foreign private
juridical entity summons is made on the government official
(c) Res judicata designated by law to receive the same, the answer
COURT’S ACTION ON AFFIRMATIVE DEFENSE ALLEGED shall be filed within 60 C.D after receipt of summons
The court may conduct a The court shall motu proprio resolve by such entity Sec. 2, Rule 11;
summary hearing within 15 the above affirmative defenses 1. Amendment as a matter of right – within 30 C.D after
Answer to an
calendar days from the filing of within 30 calendar days from the of such service;
amended
the answer. It shall be resolved filing of the answer Sec. 12[c], Rule 8 complaint 2. Amendment not a matter of right – within 15 C.D from
by the court within thirty 30 notice of the order admitting the same.
calendar days from the Answer to
termination of the summary counterclaim Within 20 C.D from service Sec. 4, Rule 11
or cross-claim
hearing Sec. 12[d], Rule 8
Answer to 3rd- Same period given in answer a complaint which shall
4. Effect of Failure to Plead (Rule 9) party either be 15, 20, 30, or 60 C.D as the case may be. Sec.
● General Rule: defenses or objections not pleaded either in a motion complaint 5, Rule 11
to dismiss or in the answer, are deemed waived Sec. 1, Rule 9 If allowed, within 15 C.D from the service of the pleading
Reply
● Exception: Non-waivable grounds and may be raised in any stage of responded to. Sec. 6, Rule 11
the proceedings, unless barred by laches or estoppel: (1) Lack of Answer to Within 20 C.D from notice of order admitting the
jurisdiction over the subject matter; (2) Litis pendentia; (3) supplemental supplemental complaint, unless a different period is fixed
Prescription; (4) Res judicata ibid. complaint by the court. Sec. 7, Rule 11
● Default – When defendant fails to file an answer within the allowable Answer to
period, upon motion of the claiming party with notice to the defending complaint
party and upon proof of such failure Sec. 3, Rule 9; under rules on Within 10 days from service of summons RRSP, Sec. 5
● Effects of an Order of Default - A party in default shall be entitled to Summary
procedure
notice[s] of subsequent proceedings but shall not to take part in the
trial. Ibid.
5. Amended and Supplemental Pleadings (Rule 10) G. FILING AND SERVICE (RULE 13)
● Amended Pleadings - supersedes the pleading that it amends. 1. Rules on Payment of Docket Fees; Effect of Non-Payment
However, admissions in superseded pleadings may be offered in ● The filing of the appropriate initiatory pleading and the payment of
evidence against the pleader, and claims or defenses alleged therein the prescribed docket fees vest a trial court with jurisdiction over
not incorporated in the amended pleading shall be deemed waived the subject matter Montaner v. Shari 'a District Court, 596 Phil. 815,
Sec. 8, Rule 10 827 [2009].
✓ As a matter of right - once at any time before a responsive ● Payment of docket fees is both mandatory and jurisdictional.
pleading is served by the other party, or in case of a reply to ● Effect of Non-Payment of docket fees
which there is no responsive pleading, at any time within ten (10) GR: It will prevent the court from acquiring jurisdiction over the
calendar days after it is served Sec. 2, Rule 10 case.
✓ With leave of court - required for substantial amendment made
Manchester Ruling
after service of a responsive pleading. Grounds for refusal to
XPN: If it is shown that the party has demonstrated his willingness
grant amendment if the motion was made with (1) intent to delay;
to comply with the rules by paying additional docket fees, the court
(3)to confer jurisdiction on the court (2) pleading stated no cause
may allow payment of the fee within reasonable time but in no case
of action from the beginning which could be amended. Sec. 3,
beyond the applicable prescriptive period. Sun Insurance Office
Rule 10
Ruling
✓ Formal Amendments - summary correction of a defect in the
designation of the parties and other clearly clerical or 2. Efficient Use of Paper Rule; E-filing (A.M. No. 10-3-7-SC and A.M.
typographical errors; may be made by at any stage of the action, No. 11-9-4-SC, as revised, approved on February 22, 2022)
at court’s initiative or on motion, provided no prejudice is caused 1. The submission period for electronic copies must be within
thereby to the adverse party (Sec. 4, Rule 10). twenty-four (24) hours from the filing of their hard copies. These
should be in a PDF file.
● Supplemental Pleading - one which sets forth transactions,
2. An execution of an “Affidavit of Electronic Filing”, should be
occurrences, or events which have happened since the date of the
submitted with the hard copies
pleading sought to be supplemented. It shall be filed with leave of
3. One Case Rule: An e-mail shall contain only documents
court, upon motion and reasonable notice and upon such terms as
pertaining to one case.
are just. Time to plead thereto shall be within 10 calendar days from
4. One Email Rule: All electronic copies should be attached to one
notice of order admitting the same Sec. 6, Rule 10.
email.

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
SUMMONS (RULE 14) identity or whose whereabouts are unknown and cannot be
Summons is a writ by which the defendant is notified of the action brought ascertained by diligent inquiry; or (2) Temporarily out of the
against him. Service of such writ is the means by which the court acquires Philippines. Sec. 16 and 18, Rule 14
jurisdiction over his person Boston Equity Resources, Inc. v. CA, G.R. No. 7. Extraterritorial Service
173946 [2013]. ● Under Section 17: Non-Resident Defendant not found in the
1. Nature and Purpose of Summons in Relation to Actions In Philippines in an action in rem, or quasi in rem.
Personam, In Rem, and Quasi In Rem ● Under Section 18: Resident Defendant who is temporarily out of the
Philippines in any action (including actions in personam)
In personam In rem and Quasi In Rem
● How effected: Sec. 17, Rule 14
1. To acquire jurisdiction over the 1. To satisfy procedural due 1. By personal service;
person of the defendant; and process. 2. By any manner provided for in international conventions to which
2. To satisfy requirements of *Jurisdiction over the person of the the Philippines is a party;
procedural due process defendant is not a pre-requisite to 3. By publication in a newspaper of general circulation in such
confer jurisdiction on the court, places and for such time as the court may order, in which case
provided that the court acquires a copy of the summons and order of the court shall be sent by
jurisdiction over the res. registered mail to the last known address of the defendant; and
2. Who May Serve Summons 4. In any other manner the court may deem sufficient.
● The sheriff; 8. Proof of Service
● The sheriff’s deputy; ● In writing by the server
● Other proper court officer; ● Set forth the manner, place, and date of service;
Service in
● The plaintiff together with the sheriff, in case of failure of service of ● Specify any papers which have been served with
person on
summons by the foregoing; the process;
defendant or
● The plaintiff, if the summons is returned without being served on any ● Specify the name of the person who received the
substituted
● defendant; same;
service
● The plaintiff, if summons is to be served outside the judicial region of ● Shall be sworn to when made by a person other
● the court where the case is pending Sec. 3, Rule 14; than a sheriff or his or her deputy; Sec. 21, Rule 14
● The lawyer, who makes a special appearance on behalf of the Service A printout of said e-mail, with a copy of the summons
defendant to question the validity of service of summons, as through as served, and the affidavit of the person mailing, shall
deputized by the court to serve the summons Sec. 13, Rule 14 electronic constitute as proof of service; Sec. 21, Rule 14
3. Validity of Summons and Issuance of Alias Summons mail
Summons shall remain valid until duly served, unless it is recalled by the ● affidavit of the publisher, editor, business or
court. In case of loss or destruction of summons, the court may, upon advertising manager and a copy of the publication
motion, issue an alias summons Sec. 4, Rule 14. shall be attached; and
Service by ● affidavit showing the deposit of a copy of the
4. Personal Service publication summons and order for publication in the post
Served by handing a copy thereof to the defendant in person and informing
office, postage prepaid, directed to the defendant
the defendant that he or she is being served, or, if he or she refuses to
by registered mail to his or her last known address.
receive and sign for it, by leaving the summons within the view and in the Sec. 22, Rule 14
presence of the defendant Sec. 5, Rule 14.
5. Substituted Service I. MOTIONS (RULE 15)
● When may be resorted to: If, for justifiable causes, the defendant
1. In General
cannot be served personally after at least three (3) attempts on two
● A motion is an application for relief other than by a pleading Sec. 1. As
(2) separate dates
a general rule, all motions shall be in writing, except those made in
● How it is effected:
open court or in the course of a hearing or a trial Sec. 2;
a) By leaving copies at the defendant's residence to a person at
● Omnibus Motion Rule - Subject to the provisions of Section 1 of Rule
least 18 years of age and of sufficient discretion residing
9, a motion attacking a pleading, order, judgment, or proceeding shall
therein;
include all objections then available, and all objections not so included
b) By leaving copies at the defendant's office or regular place of
shall be deemed waived. Sec. 9
business with some competent person in charge thereof. A
competent person includes, but not limited to, one who 2. Non-litigious Motions
customarily receives correspondences for the defendant; These are motions which the court may act upon without prejudicing the
c) By leaving copies, if refused entry upon making his or her rights of adverse parties. They are not set for hearing shall be resolved by
authority and purpose known, with any of the officers of the the court within five (5) calendar days from receipt thereof. Sec. 4, Rule 15
homeowners' association or condominium corporation, or its
chief security officer in charge of the community or the building 3. Litigious Motions
where the defendant may be found; and ● These are motions which prejudice the rights of adverse parties and
d) By sending an electronic mail to the defendant's electronic mail hearing is discretionary on the court if it deems necessary for its
address, if allowed by the court. resolution.
6. Constructive Service ● The opposing party shall file his or her opposition to a litigious motion
● General Rule: Applicable only in actions in rem or quasi in rem. is the within 5 calendar days from receipt thereof. The motion shall be
publication of such notice that brings the whole world as a party in resolved by the court within 15 calendar days from its receipt of the
the case and vests the court with jurisdiction to hear and decide it opposition thereto, or upon expiration of the period to file such
Alaban v. CA, G.R. 156021 [2005]. opposition. Sec. 5, Rule 15
● Exception: Publication may be effected even in n an action in
personam against a resident defendant who is either: (1) Of unknown

8
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● Examples: Motion for bill of particulars; Motion to dismiss; Motion for (a) The possibility of an amicable settlement or of a submission to
new trial; Motion for reconsideration; Motion for execution pending alternative modes of dispute resolution;
appeal; Demurrer to evidence; Motion to declare defendant in default (b) The simplification of the issues;
4. Prohibited Motions (c) The possibility of obtaining stipulations or admissions of facts
and of documents to avoid unnecessary proof;
1. Motion to dismiss except on the following grounds: (a) lack of
(d) The limitation of the number and identification of witnesses and
jurisdiction over the subject matter; (b) res judicata; (c) litis pendentia;
the setting of trial dates;
and (d) prescription of action;
(e) The advisability of a preliminary reference of issues to a
2. Motion to hear affirmative defenses;
commissioner;
3. Motion for reconsideration of the court's action on the affirmative
(f) The propriety of rendering judgment on the pleadings, or
defenses;
summary judgment, or of dismissing the action should a valid
4. Motion to suspend proceedings without a temporary restraining order
ground therefor be found to exist;
or injunction issued by a higher court;
(g) Such other matters as may aid in the prompt disposition of the
5. Motion for extension of time to file pleadings, affidavits or any other
action. Sec. 2, Rule 18
papers, except a motion for extension to file an answer as provided
by Section 11, Rule 11; and ● The court shall require the parties to:
6. Motion for postponement intended for delay, except if it is based on (1) Mark their respective evidence if not yet marked in the judicial
acts of God, force majeure or physical inability of the witness to affidavits of their witnesses;
appear and testify. Sec. 12, Rule 15 (2) Examine and make comparisons of the adverse partiesevidence
vis-a-vis the copies to be marked;
5. Motion for Bill of Particulars (Rule 12)
(3) Manifest for the record stipulations regarding the faithfulness of
Before filing a responsive pleading, a party may move for a bill of particulars the reproductions and the genuineness and due execution of the
or a definite statement of any matter which is not averred with sufficient
adverse party’s evidence;
definiteness or particularity to enable him properly to prepare his responsive
(4) Reserve evidence not available at the pre-trial. but only in the
pleading. If the pleading is a reply, the motion must be filed 10 calendar
following manner: (i) For testimonial evidence, by giving the
days from service thereof. Sec. 3, Rule 15
name or position and the nature of the testimony of the proposed
witness; (ii) For documentary evidence and other object
J. DISMISSAL OF ACTIONS (RULE 17) evidence, by giving a particular description of the evidence.
1. With Prejudice vs. Without Prejudice Note: No reservation shall be allowed if not made in the manner
WITH PREJUDICE WITHOUT PREJUDICE described above.
Made by the court after Not an adjudication on the merits 2. Appearance of Parties; Effects of Failure to Appear
adjudication on the ● GR: It shall be the duty of the parties and their counsel to appear at
merits. the pre-trial, court-annexed mediation, and judicial dispute
Remedy is appeal Remedy is an appropriate special civil action resolution, if necessary Sec. 4, Rule 18;
Sec. 1, Rule 41 under Rule 65 Sec. 1, Rule 41 ● XPN: Non-appearance may be excused only for acts of God, force
Note: if dismissal was made in the inferior majeure, or duly substantiated physical inability ibid.
court and it was due to lack of jurisdiction over ● Effect of failure to appear by parties and their counsel, despite due
the subject matter, the remedy of appeal may notice:
be taken Sec. 8, Rule 40 a. Plaintiff & Counsel – cause dismissal of the action (with prejudice
● Dismissal with prejudice under Sec. 13, Rule 17: order granting a unless otherwise order by the court) Sec. 5, Rule 18;
motion to dismiss or an affirmative defense based on: Res judicata, litis b. Defendant & Counsel – allow plaintiff to present evidence ex
pendentia, prescription, claim or demand has been paid, waived, parte within 10 C.D from termination of pre-trial; and the court
abandoned, or extinguished; and claim is unenforceable under shall render judgment on the basis of the evidence offered ibid;
provisions of statute of frauds. c. Either parties & counsel - waiver of any objections to the
2. Dismissals Which Have an Effect of an Adjudication on the Merits faithfulness of the reproductions marked, or their genuineness
a) Dismissal due to willful and deliberate forum shopping by a party or and due execution Sec. 2, Rule 18.
his counsel Sec. 5, Rule 7 3. Pre-Trial Brief; Effect of Failure to File
b) Dismissal due to discovery that plaintiff misrepresented that the ● Pre-trial brief shall be filed with the court and served to adverse
defendant was served with summons Sec. 3, Rule 14 parties, in such a manner, as shall ensure their receipt thereof at
c) Dismissal upon notice by plaintiff if stated in the notice, or if the Two- least 3 C.D before the date of the pre-trial Sec. 6, Rule 18;
Dismissal Rule applies Sec. 1, Rule 17 ● Effect of failure to file – the same effect as failure to appear at the
d) Dismissal upon motion by plaintiff if specified in the order Sec. 2, Rule pre-trial ibid.
17;
e) Dismissal due to the fault of plaintiff, unless otherwise declared by the L. INTERVENTION (RULE 19)
court Sec. 3, Rule 17; and A remedy by which a third party, not originally impleaded in the proceedings,
f) Dismissal due to unjustified failure to appear at pre-trial despite due becomes a litigant therein to enable him, her or it to protect or preserve a
notice, unless otherwise declared by the court Sec. 5, Rule 18 right or interest which may be affected by such proceedings Asia’s Emerging
Dragon Corporation v. DOTC, G.R. Nos. 169914 and 174166, [2008].
K. PRE-TRIAL (RULE 18)
1. Nature and Purpose M. SUBPOENA (RULE 21)
● Intended to clarify and limit the basic issues between the parties. Its chief
objective is to simplify, abbreviate, and expedite or dispense with trial SUBPOENA DUCES TECUM SUBPOENA AD TESTIFICANDUM
Zaldivar vs People, GR No. 197056, March 2, 2016. The pre-trial is directed to a person requiring directed to a person requiring him to
mandatory and should be terminated promptly. Sec. 2, Rule 18 him to bring with him any books, attend and to testify at the hearing or
● During pre-trial the court should consider the following matters: documents, or other things for the taking of his deposition. Sec.
under his control. Sec. 1, Rule 21 1, Rule 21

9
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● Viatory right of a witness - a witness who resides more than 100 kms ● Requisites to obtain order for the physical and mental examination of
from his or her residence to the place where he or she is to testify by witness: (1) mental or physical condition of a party is in controversy; (2)
the ordinary course of travel cannot be compelled to attend un court motion showing good cause must be filed; (3) such motion shall specify
under subpoena. Sec. 10, Rule 21 the time, place, manner, conditions, and scope of the examination and
the person/s by whom it is made; and (4) notice must be given to the
N. COMPUTATION OF TIME (RULE 22) party to be examined and to all other parties. Sec 1 and 2, Rule 28
● The day of the act or event from which the designated period of time 6. Refusal to Comply With Modes of Discovery (Rule 29)
begins to run is to be excluded and the date of performance included. ● Failure to answer entitles the proponent for an order to compel an
● If the last day of the period, as thus computed, falls on a Saturday, a answer. Sec. 1;
Sunday, or a legal holiday in the place where the court sits, the time ● Party or witness who refuses may be cited in contempt Sec. 2
shall not run until the next working day. Sec. 1, Rule 22 ● Striking out of all or any part of any pleading of that party; dismiss the
● Effect of interruption – Period shall start to re-run on the day after action; enter judgment by default; order payment of reasonable fees
notice of the cessation of the cause thereof Sec. 2, Rule 22 including attorney’s fees Sec. 5

O. MODES OF DISCOVERY P. TRIAL (RULE 30)

1. Depositions (Rules 23 and 24); See People vs Sergio ● Presentation of evidence of all parties shall be terminated within a
● A deposition is a written testimony of a witness given in the course of a period of 10 months or 300 C.D Sec. 1, Rule 130;
judicial proceeding, in advance of the trial or hearing, upon oral ● If no 3rd (4th, etc.) party claim, counter/cross-claim, it shall be
examination, or in response to written interrogatories and where an terminated within a period of 6 months or 180 C.D
opportunity is given for cross-examination.
a. Deposition taken during a pending action – Rule 23 1. Schedule of Trial
b. Deposition taken before action or pending appeal – Rule 24 ● Shall observe the scheduled hearings as agreed upon and set forth
in the pre-trial order; It shall be continuous and within the following
● People vs Sergio (GR No. 240053, October 9, 2019)
periods Sec. 1:
✓ Mary Jane (MJ) was convicted of drug trafficking and sentenced
PLAINTIFF
to death by the Indonesian government. Her testimony by way of
deposition was sought in a criminal case pending in the Initial set not later than 30 C.D after the termination of the
Philippines in relation to illegal recruitment of the accused presentation pretrial conference.
(Sergio and Lacanilao). Upon Philippine government’s request, Entirety within a period of 3 months or 90 C.D which shall include
the Indonesian government suspended the execution of MJ and the date of the judicial dispute resolution, if necessary.
allowed her testimony to be taken, subject to the condition that DEFENDANT
she shall remain in detention in Indonesia and questions to be Initial set not later than 30 C.D after the court's ruling on
propounded be in writing. presentation plaintiff's formal offer of evidence.
✓ Rule 23 instead of Rule 119 Sec. 15 of the Rules on Criminal Entirety within a period of 3 months or 90 C.D
Procedure was applied because of her extraordinary THIRD (FOURTH, ETC.)-PARTY CLAIM, COUNTERCLAIM OR CROSS-
CLAIM
circumstance. The SC held that Rule 23 may be applied
suppletory in criminal proceedings so long as there is compelling Shall be determined by the court, the total of which shall in no case
reason. The two accused are given ample opportunity to cross- exceed 90 C.D
examine MJ by way of written interrogatories, and such their PARTIES’ REBUTTAL EVIDENCE
constitutional right to confrontation of witness is met. If deemed necessary, shall be completed within a period of 30 C.D
2. Interrogatories to Parties (Rule 25) 2. Adjournments and Postponements
● Filed and served by a party to elicit material and relevant facts from any ● GR: a court may adjourn a trial from day to day, and to any stated time,
adverse party. It shall be answered within 15 C.D after service thereof, as the expeditious and convenient transaction of business may require.
fully in writing, and shall be signed and sworn to by the person making ● XPN: its shall not be: (1) longer than 1 month for each adjournment; (2)
them Sec. 1 and 2, Rule 25 more than 3 months in all, except when authorized in writing by the SC
Sec. 2
3. Admission by Adverse Party (Rule 26)
3. Requisites of Motion to Postpone Trial for Illness of Party or Counsel
● A request for admission has the purpose to: (a) prove the genuineness
of any material and relevant document described and exhibited; and ● A motion for postponement is not a matter of right. The requisites for
(b) elicit the truth as to any material and relevant matter of fact set forth its grant shall be:
in the request Section 1, Rule 26. (1) motion for postponement must be filed stating the ground of illness
● Any admission made by a party pursuant to the request is for the use of party or counsel;
in the pending action only and shall not constitute an admission by him (2) An affidavit or sworn certification must be attached thereto must be
for any other purpose nor may the same be used against him in any attached thereto showing the following: (a) That the presence of
other proceeding Sec. 3, Rule 26. such party or counsel at the trial is indispensable; and (b) That the
character of his or her illness is such as to render his or
4. Production or Inspection of Documents or Things (Rule 27) her non-attendance excusable. Sec. 3, Rule 30
● The documents or things to be produced or inspected shall: (1) Not be
privileged; (2) constitute or contain evidence material to any matter Q. CONSOLIDATION OR SEVERANCE (RULE 31)
involved in the action and which are in his (the party ordered) ● Consolidation is proper if: there are two or more actions involving a
possession, custody, or control; Sec. 1, Rule 27
common question of law or facts; and such actions are pending before
● The order shall specify the time, place and manner of making the
the same court Sec. 1;
inspection and taking copies and photographs, and may prescribe such
● Severance is proper if: in furtherance of convenience or to avoid
terms and conditions as are just. Ibid.
prejudice, the court may order a separate trial of any claim, crossclaim,
5. Physical and Mental Examination of Persons (Rule 28) counterclaim, or third-party complaint, or of any separate issue or of

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
any number of claims, crossclaims, counterclaims, third-party 1. Extrinsic Fraud, accident, 1. The damages awarded are
complaints or issues Sec. 2 mistake or excusable excessive;
negligence which ordinary 2. The evidence is insufficient to
R. DEMURRER TO EVIDENCE (RULE 33) prudence could not have justify the decision or final
A motion to dismiss on the ground of insufficiency of evidence. guarded against and by reason order; and
1. Grounds of which such aggrieved party 3. The decision or final order is
It must be shown that upon the facts and the law the plaintiff has shown no has probably been impaired in contrary to law. Sec. 1, Rule 37
right to relief, or simply, insufficiency of evidence Sec. 1, Rule 33; Republic v. his rights;
De Borja, G.R. No. 187448 [2017] 2. Newly discovered evidence
2. Effect of Order Denying Demurrer to Evidence which he could not, with
If the demurrer is denied, the defendant shall have the right to present his reasonable diligence, have
evidence. Sec. 1, Rule 33 discovered and produced at
the trial, and which if presented
would probably alter the result
S. JUDGMENTS AND FINAL ORDERS
evidence (Berry Rule)
1. Judgments on the Pleadings (Rule 34)
a) Grounds a) Remedy Against Denial
● The answer fails to tender an issue; or ● The order or decision subject of the motion becomes final and
● The answer admits material allegations in the adverse party’s is thus subject to appeal. Sec. 9, Rule 37
pleading Sec. 1, Rule 34 b) Fresh-Period Rule
b) Action on Motion for Judgment on the Pleadings ● Where the MNT or MR is denied, the movant shall have a fresh
● The court may motu proprio or on motion render judgment on the period within which to file his appeal of the judgment or final
pleadings if it is apparent that the answer fails to tender an issue, or order. The fresh-period is 15 days counted from the receipt of
otherwise admits the material allegations of the adverse party's the order denying the MNT or MR. (Neypes Rule) Neypes v.
pleadings Sec. 2, Rule 34 CA, G.R. No. 141524 [2005]
2. Summary Judgments (Rule 35) ● Neypes Rule does not apply to petition for certiorari under
A summary judgment must be premised on the absence of any other triable Rule 64. Fortune Life Insurance Company vs COA Proper, 2015
genuine issues of fact Monterey Foods v. Eserjose, G.R. No. 153126 [2003] 2. Appeals
a) Effect of Order Denying a Motion for Summary Judgment a) Nature of Right to Appeal
● If on motion under this Rule, judgment is not rendered upon the whole ● An appeal is not part of due process but a mere statutory
case or for all the reliefs sought and a trial is necessary, the court may, privilege, hence appealing party must strictly comply with the
by examining the pleadings and the evidence before it and by requisites laid down in the Rules of Court.
interrogating counsel: b) Judgments and Final Orders Subject to Appeal
a. ascertain what material facts exist without substantial controversy, ● Subject of Appeal – a judgment or final order that completely
including the extent to which the amount of damages or other relief is disposes of the case, or of a particular matter therein when
not in controversy, and; declared by these Rules to be appealable. Sec. 1, Rule 41
b. direct such further proceedings in the action as are just.
● The facts so ascertained shall be deemed established, and the trial shall c) Matters Not Appealable; Available Remedies
be conducted on the controverted facts accordingly. Sec. 4, Rule 35 ● Matters Not Appealable:
1. An order denying a petition for relief or any similar motion
3. Rendition and Entry of Judgments and Final Orders (Rule 36)
seeking relief from judgement;
● Form: It shall be in writing personally and directly prepared by the
2. An interlocutory order;
judge, stating clearly and distinctly the facts and the law on which it
3. An order disallowing or dismissing an appeal;
is based, signed by him, and filed with the clerk of the court. (Sec.
4. An order denying a motion to set aside a judgment by
1, Rule 36)
consent, confession or compromise on the ground of fraud,
● The date of finality of the judgment or final order shall be deemed to
mistake or duress, or any other ground vitiating consent;
be the date of its entry Sec. 2, Rule 36
5. An order of execution;
● A judgment or final order attain finality upon the lapse of the
6. A judgment or final order for or against one or more of several
reglementary period of appeal if no appeal is perfected, or no
parties or in separate claims, counterclaims, cross-claims
motion for reconsideration or new trial is filed.
and third-party complaints, while the main case is pending,
● The dispositive portion (fallo) controls, while the body is merely a
unless the court allows an appeal therefrom; and
statement of opinion. 7. An order dismissing an action without prejudice. Sec. 1, Rule
41
T. POST-JUDGMENT REMEDIES
● Available Remedies - The aggrieved party may file an
1. Motion for New Trial or Reconsideration (Rule 37) appropriate special civil action as provided in Rule 65 Ibid.
● Available before judgment becomes final and executory.
d) Doctrine of Finality/Immutability of Judgment
MOTION FOR NEW TRIAL MOTION FOR RECONSIDERATION
● A judgment, once it has attained finality, can never be altered,
Application for the setting aside of Application seeking for the setting
amended, or modified, even if the alteration, amendment or
a judgment and ordering of a new aside or reconsideration of a
modification is to correct an erroneous judgment.
trial on the basis that the trial was judgment or final order which was
improper due to specified contrary to law or were based on e) Modes of Appeal (Period, Perfection, Issues to be Raised)
prejudicial errors that occurred findings not supported by ● Perfection – by filing appeal and paying the appellate and docket
evidence on record. fees within the prescribed period to do so. Payment of docket
GROUNDS fees within such period is both mandatory and jurisdictional.
● Appeal as a matter of right – Appeals under R. 40 and 41

11
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● Appeal as a matter of discretion – Appeal under R. 42 Judgments and final orders or resolutions of
Subject
● Modes of Appeal: COMELEC and COA in the exercise of its quasi-
Matter
a. Ordinary Appeal judicial functions (if quasi-legislative, remedy is R.65)
b. Petition for Review Within 30 days from notice of the judgment or final
c. Appeal by Certiorari under Rule 45 (1-5) Rule 40-45 Period to File
order sought to be reviewed
PERIOD; REVIEWING ISSUES TO BE Not applicable. If MNT or MR is filed, it shall interrupt
APPEAL
REVIEWING COURT COURT TRIED the period. If the MNT/MR is denied, petition may be
Fresh Period
Notice of Appeal filed within the remaining period, but which shall not
Rule
(NOA) – within 15 be less than 5 days in any event, reckoned from notice
days from notice of of denial. Sec. 3, Rule 64
judgment or denial (7) Dismissal, Reinstatement, and Withdrawal of Appeal
Questions of
of MNT/MR ● Grounds for dismissal of appeal by the CA motu propio or upon
Rule 40 MTC 🡪 RTC law or fact, or
both motion Sec. 1, Rule 50
Record on Appeal (a) Failure of the record on appeal to show on its face that the
(ROA) – within 30 appeal was taken within the period fixed by these Rules;
days from notice (b) Failure to file the notice of appeal or the record on appeal
(same as above) within the period prescribed by these Rules;
NOA – within 15 (c) Failure of the appellant to pay the dock et and other lawful
days from notice fees as provided in section 5 of Rule 40 and section 4 of
(same as above) Rule 41;
(d) Unauthorized alterations, omissions or additions in the
ROA – within 30 approved record on appeal as provided in section 4 of
days from notice Rule 44;
RTC (original Questions of
Rule 41 (same as above) (e) Failure of the appellant to serve and file the required
Jurisdiction)🡪 CA law and fact
number of copies of his brief or memorandum within the
Habeas Corpus time provided by these Rules;
NOA – within 48 (f) Absence of specific assignment of errors in the appellants
hours from notice of brief, or of page references to the record as required in
judgment or final section 13, paragraphs (a), (c), (d) and (f) of Rule 44;
order appealed from (g) Failure of the appellant to take the necessary steps for the
Verified petition for correction or completion of the record within the time
review filed with CA limited by the court in its order;
Questions of
– within 15 days RTC (appellate (h) Failure of the appellant to appear at the preliminary
Rule 42 law, fact, or
from notice sought jurisdiction) 🡪 CA conference under Rule 48 or to comply with orders,
both
to be reviewed or of circulars, or directives of the court without justifiable
denial of MNT/MR cause; and
Verified petition for Quasi-judicial (i) The fact that the order or judgment appealed from is not
review filed with CA agency appealable 1a; En Banc Resolution, February 17, 1998.
– within 15 days exercising quasi- ● Dismissal of improper appeal to CA Sec. 2, Rule 50:
from notice of judicial functions (1) An appeal under Rule 41 taken from the Regional Trial
award, judgment, enumerated Questions of Court to the Court of Appeals raising only questions of law
Rule 43 final order, or therein (expect law, fact, or shall be dismissed;
resolution, or from Labor Code, both (2) Appeal by notice of appeal instead of by petition for review
the date of its last CSC, from the appellate judgment of a Regional Trial Court shall
publication if Ombudsman
be dismissed.
required, or of admin/disciplinary Note: An appeal erroneously taken to the Court of
denial of MNT/MR cases) 🡪 CA Appeals shall not be transferred to the appropriate
Verified petition for court but shall be dismissed outright.
review on certiorari
GR: Questions ● Withdrawal of Appeal Sec. 3, Rule 50 –
with SC
of law only (1) As of right at any time before the filing of the appellee’s
or
Notice of Appeal (in brief.
XPN: for (2) As a matter of discretion – upon filing of appellee’s brief
criminal cases
petitions for
where the penalty ● Reinstatement of Appeal
Rule 45 CA 🡪 SC review on
imposed is death, ✓ As a general rule, a review on appeal is not a matter
certiorari from
RP, or LI) – Within of right but of sound judicial discretion and may be
petitions for
15 days from notice granted only when there are special and important
writ of amparo,
of judgment, final reasons therefor.
habeas data,
order, or resolution ✓ What constitutes good and sufficient cause that will
or kalikasan
appealed from or merit suspension of the rules is discretionary upon the
denial of MNT/MR court. The court has the power to relax or suspend the
(6) Review of Judgments or Final Orders of the Commission on Audit rules or to except a case from their operation when
and Commission on Elections (Rule 64) compelling reasons so warrant or when the purpose
RULE 64 of justice requires it. Republic v. Imperial, G.R. No.
130906 [1999]
Jurisdiction Supreme Court

12
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
3. Petition for Relief from Judgment (Rule 38) ● Attachment – refers to corporeal property in the possession of the
● Available after judgment has become final and executory judgment debtor.
(1) Petition for relief from judgment - The prayer herein is for
● Garnishment – refers to money, stocks, credits, and other
the judgment, final order or proceeding to be set aside Sec.
incorporeal property which belong to the judgment debtor but is in
1, Rule 38
(2) Petition for relief from denial of an appeal - The prayer the possession or under the control of a third person.
herein is for the appeal to be given due course Sec. 2, Rule ● Third-Party Claim – filed by a 3rd party claimant who is a stranger to
38 principal action where the writ was issued. Filing of such will
● Grounds: discharge the sheriff from the duty of keeping the property to serve
(a) When a judgment or final order is entered or any other the purposes of the writ.
proceeding is thereafter taken against the petitioner through ✔ Remedies of a Third-Party Claimant: (cumulative)
FAME Sec. 1; 1. Summary hearing for the court may command release of
(b) When petitioner has been prevented from taking an appeal property from the mistaken levy and restore such t the
by FMAE Sec. 2 rightful owner or possessor;
● Where and When to File – filed before the court which rendered the 2. Terceria or third-party claim filed with sheriff under
judgment, ordered the proceeding, or denied his appeal, the same Section 16, Rule 39;
case within 60 days from knowledge of the judgment and within 6 3. Action for damages on the bond posted by the judgment
months from entry of judgment Sec. 3, Rule 38. obligee filed within 120 days from the date of the filing of
4. Annulment of Judgment (Rule 47) the bond; or
● A remedy in law independent of the case where the judgment sought 4. Independent Reinvindicatoria action
to be annulled was rendered. The purpose of which is to have the ● Ordinary sale on Execution Under Rule 39 vs Sale in Judicial
final and executory judgment set aside so that there will be a renewal Foreclosure of Mortgage Under Rule 68:
of a litigation Alaban vs CA, GR No. 156021 [2005] ORDINARY SALE ON SALE IN JUDICIAL
● Grounds and period to file: EXECUTION (RULE 39 FORECLOSURE OF MORTGAGE
a. Extrinsic Fraud – 4 years from discovery (cannot be availed of (RULE 68)
if already availed of, or could have availed of, in a MNT or Confirmation of Certificate of Sale
petition for relief) Need not be confirmed. Merely Must be confirmed by the court in
b. Lack of Jurisdiction – before it is barred by estoppel by laches provisional order to vest the rights in the
or estoppel by deed. purchaser
● Jurisdiction: Right of Redemption
a. J/FO/R of RTC – CA Exists when the subject matter Does not exist. Only equity of
b. J/FO/R of MTC – RTC of execution is real property redemption, except where the
5. Collateral Attack on Judgments mortgagee is a bank or a banking
A collateral attack is made when, in another action to obtain a different relief, institution.
an attack on the judgment is made as an incident in said action. This is Title Acquisition
proper only when the judgment, on its face, is null and void, as where it is Title is acquired after the Title is acquired upon the entry of the
patent that the court which rendered said judgment has no jurisdiction. Co expiration of the redemption confirmation and registration of the
and Co vs. CA, GR No. 93687 [1991] period when the final deed of foreclosure sale.
conveyance is executed.
U. EXECUTION, SATISFACTION, AND EFFECT OF JUDGMENTS ● Concepts of Res Judicata:
(RULE 39) (a) Bar by prior judgment - This is the effect of a judgment as
● Execution as a matter of right - upon the expiration of the period to a bar to the prosecution of a second action upon the same
appeal therefrom if no appeal has been duly perfected; claim, demand or cause of action Degayo v. Dinglasan,
G.R. No. 173148 [2015].
● Execution as a matter of discretion: (b) Conclusiveness of judgment – This precludes the
a. Execution before the expiration of the appeal period relitigation of a particular fact of issue in another action
b. Execution pending appeal between the same parties on a different claim or cause of
● How execution of judgment is done: action. Ibid.
a. By motion within 5 years from date of entry; (Filed with the
court of origin)
b. By independent action to revive judgment - After the lapse
PROVISIONAL REMEDIES
of the 5-year period from the date of entry of judgment and
before it is barred by the statute of limitations. (Filed with NATURE, PURPOSE, AND JURISDICTION OVER
the RTC since it is an action incapable of pecuniary PROVISIONAL REMEDIES
estimation) They are temporary, auxiliary, and ancillary remedies available to a litigant
Note: The revived judgment may also be enforced by motion for the protection and preservation of his rights while the main action is
within 5 years from the date of its entry and thereafter by action pending. They are writs and processes which are not main actions and are
before it is barred by statute of limitations. dependent for their application on the existence of a principal action.
● Levy – an act by which an officer sets apart or appropriates a part or
the whole property of the judgment debtor for purposes of the Purpose of provisional remedies
execution of sale. (Judgment debtor shall have the option to choose a) To preserve or protect litigants’ rights or interests during the
which property to levy upon, if not exercised, the sheriff shall first levy pendency of the principal action;
on personal properties, then on real properties, if the former is b) To secure the judgment;
insufficient to answer for the judgment. Sec. 9 c) To preserve the status quo of the things subject to the action or the
relation between the parties; and

13
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
d) To preserve the subject matter of the action. c) When an application for a writ of preliminary injunction or a temporary
restraining order is included in a complaint or any initiatory pleading,
The court which grants or issues a provisional remedy is the court which the case, if filed in a multiple-sala court, shall be raffled only after
has jurisdiction over the main action. Thus, where the main case is pending notice to and in the presence of the adverse party or the person to
in a specific RTC, it is the same court, not any other court, which may grant be enjoined.
the provisional remedy applied for. Inferior courts may also grant all d) The application for a temporary restraining order shall thereafter be
appropriate provisional remedies in an action pending with it and is within acted upon only after all parties are heard in a summary hearing
its jurisdiction. In fact, the jurisdiction of the MTC includes the “grant of which shall be conducted within twenty-four (24) hours after the
provisional remedies in the proper cases. sheriff’s return of service and/or the records are received by the
branch selected by raffle and to which the records shall be
PRELIMINARY ATTACHMENT (RULE 57) transmitted immediately. Sec. 4, Rule 58
Purposes e) As to a writ of preliminary injunction, the court must conduct a
(1) To seize the property of the debtor in advance of final judgment and hearing. A writ of preliminary injunction cannot be issued without a
to hold it for purposes of satisfying said judgment, as in the grounds prior notice and hearing. Sec. 5, Rule 58
stated in Sec. 1(a) to (e), Rule 57, or The applicant must establish:
(2) To acquire jurisdiction over the action by actual or constructive a) The existence of a clear and unmistakable right that must be
seizure of the property in those instances where personal or protected; that is, right in esse
substituted service of summons on the defendant cannot be effected. b) This right in esse is directly threatened by an act sought to be
When Preliminary Attachment may be Applied For enjoined
An order for preliminary attachment may be applied for at the c) A material and substantial invasion of such right; and
commencement of the action, or at any time before entry of judgement. Sec. d) An urgent and paramount necessity for the writ to prevent serious
1, Rule 57 damage.
Who may apply A preliminary injunction may be granted when it is established that:
It may be applied for by the plaintiff, or any proper party. [Sec. 1, Rule 57] a) The applicant is entitled to the relief demanded, and the whole or part
of such relief consists in restraining the commission or continuance
Grounds for Issuance of the act or acts complained of, or in requiring the performance of
Under Sec. 1, Rule 57, the grounds for a preliminary attachment are, to wit: an act or acts, either for a limited period or perpetually
a) For the recovery of a specified amount of money or damages, other b) The commission, continuance or nonperformance of the act or acts
than moral and exemplary, on a cause of action arising from law, complained of during the litigation would probably work injustice to
contract, quasi-contract, delict or quasi-delict against a party who is the applicant, or
about to depart from the Philippines with intent to defraud his c) A party, court, agency or a person is doing, threatening, or is
creditors. attempting to do, or is procuring or suffering to be done, some act or
b) For money or property embezzled or fraudulently misapplied or acts probably in violation of the rights of the applicant respecting the
converted to his own use by a public officer, or an officer of a subject of the action or proceeding, and tending to render the
corporation, or an attorney, factor, broker, agent, or clerk, in the judgment ineffectual. Sec. 3, Rule 58
course of his employment as such, or by any other person in a
fiduciary capacity, or for a willful violation of duty.
RECEIVERSHIP (RULE 59)
c) To recover the possession of property unjustly or fraudulently Requisites for appointment of a receiver
taken, detained or converted, when the property, or any part
a) Verified application filed by the party requesting for the
thereof, has been concealed, removed, or disposed of to prevent its
appointment of the receiver Sec. 1, Rule 59
being found or taken by the applicant or an authorized person.
b) The grounds stated in Sec. 1, Rule 59.
d) Against a party who has been guilty of fraud in contracting the c) Application must be with notice and must be set for hearing;
debt or incurring the obligation upon which the action is brought, or d) Before appointing a receiver, the court shall require the applicant to
in the performance thereof. post a bond executed to the party against whom the application is
e) Against a party who has removed or disposed of his property, or presented, in an amount to be fixed by the court. Sec. 2, Rule 59
is about to do so, with intent to defraud his creditors. e) Before entering upon his duties, the receiver must be sworn to
f) Against a party who does not reside and is not found in the perform his duties faithfully and shall file a bond, executed to such
Philippines, or on whom summons may be served by person and in such sum as the court may direct.
publication.
Requirements Before Issuance of an Order
Oath and bond of receiver
PRELIMINARY INJUNCTION (RULE 58) Before entering his duties, the receiver shall be sworn to perform them
Formal requisite for issuance of a writ of preliminary injunction or a faithfully, and shall file a bond, executed to such person and in such sum
TRO as the court may direct, to the effect that he will faithfully discharge his
A preliminary injunction or temporary restraining order may be granted only duties.
a) Upon verified application, showing facts entitling the applicant to the
Powers of a receiver
relief demanded, and
Subject to the control of the court in which the action or proceeding is
b) Unless exempted by the court, the applicant files with the court where
pending, a receiver shall have the power to
the action or proceeding is pending, a bond executed to the party or
a) Bring and defend, in such capacity, actions in his own name
person enjoined, in an amount to be fixed by the court, to the effect
b) Take and keep possession of the property in controversy
that the applicant will pay to such party or person all damages which
c) Receive rents
he may sustain by reason of the injunction or temporary restraining
d) Collect debts due to himself as receiver or to the fund, property,
order if the court should finally decide that the applicant was not
estate, person, or corporation of which he is the receiver
entitled thereto. Upon approval of the requisite bond, a writ of
e) Compound for and compromise the same
preliminary injunction shall be issued.
f) Make transfers

14
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
g) Pay outstanding debts Supreme Court has jurisdiction over:
h) Divide the money and other property that shall remain among the ● Petitions for certiorari, prohibition and mandamus.
persons legally entitled to receive the same ● Quo warranto
i) Generally to do such acts respecting the property as the court may ● Contempt
authorize Special civil actions are governed by the general rules on venue, except as
j) Invest funds in his hands, only by order of the court upon the written otherwise indicated in the particular rule for said special civil action as in the
consent of all the parties case of quo warranto under Section 7, Rule 66.
Termination of Receivership
Ground INTERPLEADER (RULE 62)
The necessity for a receiver no longer exists. Sec. 8, Rule 59 It is a special civil remedy where a person, who has property (personal or
real) in his possession or an obligation to perform, either wholly or partially,
Procedure without claiming any right to either, or who claims no interest in the subject,
(1) The court shall determine that the necessity for a receiver no longer or whose interest, in whole or in part, is not disputed by others, goes to court
exists motu proprio or on motion of either party. and asks that conflicting claimants to the property, or obligation be required
(2) Due notice should be given to all interested parties. to litigate among themselves in order to determine finally who is entitled to
(3) Hearing shall be conducted. the same Ocampo v. Tirona, G.R. No. 147812 [2005].
After due notice and hearing, the court shall settle the accounts of the
receiver, direct the delivery of the funds and other property in his possession
to the person adjudged to be entitled to receive them, and order the DECLARATORY RELIEF AND SIMILAR REMEDIES
discharge of the receiver from further duty as such, allow the receiver such (RULE 63)
reasonable compensation as the circumstances of the case warrant, to be It is a special civil action brought by a person interested under a deed, will,
taxed as costs against the defeated party, or apportioned, as justice contract or other written instrument, or whose rights are affected by a
requires. statute, executive order or regulation, ordinance, or any other governmental
regulation, before breach or violation thereof, asking the court to determine
REPLEVIN (RULE 60) any question of construction or validity arising, and for a declaration of his
rights or duties thereunder Sec. 1, Rule 63
Requisites
a) The applicant must show by his own affidavit or that of some other The Regional Trial Court has exclusive original jurisdiction over petitions for
person who personally knows the facts the items stated in Part F.3 declaratory relief.
(Affidavit and bond; redelivery bond) The action may be converted into an ordinary action when a breach or
b) The applicant must also give a bond, called a replevin bond. violation of the subject instrument or a statute, executive order or regulation,
If the property taken is claimed by any person other than the party against ordinance, or any other governmental regulation should take place before
whom the writ of replevin had been issued or his agent, the sheriff shall the final termination of the case. The parties shall then be allowed to file
not be bound to keep the property under replevin or deliver it to the such pleadings as may be necessary or proper Section 6, Rule 63, Revised
applicant if: Rules of Civil Procedure.
(1) The third party makes an affidavit of his title or right to the Reformation is a remedy in equity, whereby a written instrument is made or
possession construed so as to express or conform to the real intention of the parties,
(2) Stating the grounds therefor, and where some error or mistake has been committed MultiVentures Capital v.
(3) Serves such affidavit upon the sheriff while he has possession of the Stalwart Management Services Corp., G.R. No. 157439 [2007]
property and a copy thereof upon the applicant.
Unless the applicant or his agent, on demand of said sheriff, shall file a CERTIORARI, PROHIBITION, AND MANDAMUS (RULE 65)
bond approved by the court to indemnify the third-party claimant in a sum A writ of certiorari is issued by a superior court to an inferior court, board or
not less than the value of the property under replevin as provided in Sec. 2, officer exercising judicial or quasi-judicial functions whereby the case is
Rule 60. elevated for review and correction in matters of law. Section 1, Rule 65
Recovering damages on an applicant’s bond A writ of prohibition is a writ issued by a superior court and directed against
Requirements an inferior court, corporation, board, officer or other person whether
a) The defendant-claimant has secured a favorable judgment the main exercising judicial, quasi-judicial or ministerial functions to prevent the latter
action, meaning that the plaintiff has no cause of action and was from usurping jurisdiction with which it is not legally vested. Section 2, Rule
not entitled to the replevin; 65
b) The application for damages, showing claimant’s right thereto and
the amount thereof, be filed in the same action before trial or before The purpose of a writ of mandamus is to compel the performance of duties
appeal is perfected or before the judgment becomes executory; that are purely ministerial in nature, not those that are discretionary Special
People, Inc. Foundation v. Canda, G.R. No. 160932 [2013].
c) Due notice be given to the other party and his surety or sureties,
notice to the principal not being sufficient; A petition of certiorari is proper when there is a grave abuse of discretion by
d) A proper hearing and the award for damages should be included in the respondent.
the final judgment. A motion for reconsideration is a condition sine qua non to the filing of said
petitions. Its purpose is to grant an opportunity for the court to correct any
SPECIAL CIVIL ACTIONS actual or perceived error attributed to it by re-examination of the legal and
factual circumstances of the case Republic v. Bayao, G.R. No. 179492 [2013].
JURISDICTION AND VENUE A motion for reconsideration may be dispensed with in the following
Sandiganbayan has jurisdiction over: instances:
● Petitions for certiorari, prohibition and mandamus in aid of its (1) When the issue is one purely of law;
appellate jurisdiction. (2) When there is urgency to decide upon the question and any further delay
● Quo warranto would prejudice the interests of the government or of the petitioner;
(3) Where the subject matter of the action is perishable;

15
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(4) When order is a patent nullity, as where the court a quo has no Sec. 47, RA 8791, The General Banking Law of 2000.
jurisdiction or there was no due process; Extrajudicial foreclosure sales are proper only when so provided under a
(5) When questions have been duly raised and passed upon by the lower special power inserted in or attached to the mortgage contract. Paguyo v.
court; Gatbunton, A.M. No. P-06-2135 [2007]
(6) When there is urgent necessity for the resolution of the question;
The mortgagor or debtor whose real property has been sold for the full or
(7) When motion for reconsideration would be useless, e.g., the court
partial payment of his obligation shall have the right within one (1) year after
already indicated it would deny any motion for reconsideration;
the sale of the real estate to redeem the property by paying the amount due
(8) In a criminal case, where relief from order of arrest is urgent and the
under the mortgage debt with interest and costs less income derived
granting of such relief by the trial court is improbable;
therefrom.
(9) Where the proceeding was ex parte or in which the petitioner had no
opportunity to object; The redemption period is reduced to three (3) months:
(10) When petitioner is deprived of due process and there is extreme Juridical persons whose property is being sold pursuant to an extrajudicial
urgency for urgent relief; and foreclosure, shall have the right to redeem the property in accordance with
(11) When issue raised is one purely of law or public interest is involved City this provision until, but not after, the registration of the certificate of
of Manila v. Hon. Caridad H. Grecia-Cuerdo, et al. G.R. No. 175723 [2014]. foreclosure sale with the applicable Register of Deeds which in no case shall
be more than three (3) months after foreclosure, whichever is earlier. Sec.
47, RA 8791
QUO WARRANTO (RULE 66)
Quo Warranto is a remedy or proceeding by which the state determines the
legality of a claim which a party asserts to the use or exercise of an office or PARTITION (RULE 69)
franchise and ousts the holder from its enjoyment, if the claim is not well The action shall be brought by the person who has a right to compel the
founded, or if the right to enjoy the privilege has been forfeited or lost. partition of real estate Sec. 1, Rule 69 or of an estate composed of personal
Section 1, Rule 66 property, or both real and personal property Sec. 13, Rule 69
A person claiming to be entitled to a public office or position usurped or The defendants in a complaint for partition are all the co-owners, since they
unlawfully held or exercised by another may bring an action therefor in his are all indispensable parties.
own name Sec. 5, Rule 66. As a general rule, an action for partition does not prescribe so long as the
The petition must be filed within one (1) year after the cause of the ouster, co-ownership is expressly or impliedly recognized. Art. 494, New Civil Code
or after the right of the petitioner to hold such office or position arose. Section
11, Rule 66 FORCIBLE ENTRY AND UNLAWFUL DETAINER
(RULE 70)
EXPROPRIATION In forcible entry, the possession of the land by the defendant is unlawful
The power of eminent domain is an inherent and indispensable power of the from the beginning, while in unlawful detainer, the possession of the
State. defendant is inceptively lawful but it becomes illegal by reason of the
The stages in an action for Expropriation are: termination of his right to the possession of the property under his contract
● Determination by the court of the authority of the plaintiff to exercise with the plaintiff;
it and the propriety of the grant; In forcible entry, the law does not require a previous demand but in unlawful
● Determination of the just compensation detainer, the plaintiff must first make such demand
An Order of expropriation is an order issued by the court, which declares In forcible entry, the one-year period is generally counted from the date of
the plaintiff to have the lawful right to take the property sought to be actual entry on the land; in unlawful detainer, from the date of last demand.
expropriated, for the public use or purpose described in the complaint, upon Sps. Muñoz v. C.A., G.R. No. 102693 [1992]
the payment of just compensation to be determined as of the date of the An Accion Publiciana is an ordinary civil action for the recovery of the right
taking of the property or the filing of the complaint, whichever came first. of possession. It must be filed after the expiration of one (1) year from the
Sec. 4, Rule 67
accrual of the cause of action or from the unlawful withholding of possession
In expropriation, the court shall appoint not more than three (3) competent of the realty. The basis of the recovery of possession is the plaintiff’s real
and disinterested persons as commissioners to ascertain and report to right of possession or jus possessionis.
the court the just compensation for the property sought to be taken.
Accion Reivindicatoria is an action for the recovery of the exercise of
Upon payment, the plaintiff shall have the right to enter upon the property ownership, particularly recovery of possession as an attribute or incident of
expropriated and to appropriate it for the public use or purpose defined in ownership.
the judgment, or to retain it should he have taken immediate possession
thereof.
CONTEMPT OF COURT (Rule 71)
Disregard of, or disobedience to the rules or orders of a judicial body, or an
FORECLOSURE OF REAL ESTATE MORTGAGE interruption of its proceedings by disorderly behavior or insolent language,
Who may redeem in a judicial foreclosure of mortgage? in its presence or so near thereto as to disturb the proceedings or to impair
a) The mortgagor Reyes v. Noblejas, G.R. No. L-23691 [1967] the respect due to such body. Lorenzo Shipping Corp. v. Distribution
b) The judgment obligor; or his successor in interest in the whole or any Management, G.R. No. 155849 [2011]
part of the property; Person adjudged for direct contempt may not appeal, but may avail himself
c) A creditor having a lien by virtue of an attachment, judgment or of the remedies of certiorari or prohibition. Sec. 2; Austria v. Masaquel, 20
mortgage on the property sold, or on some part thereof, subsequent SCRA 1247; Royeca v. Animas, 71 SCRA 1
to the lien under which the property was sold. Sec. 27, Rule 39, in
relation to Sec. 3. Rule 68 A judgment or final order of indirect contempt may be appealed to the
proper court as in criminal cases. But execution of the judgment or final
There is no right of redemption in a judicial foreclosure of mortgage, there order shall not be suspended until a bond is filed by the person adjudged
is only equity of redemption Santos vs Register of Deed, 38 SCRA 42. If the in contempt, in an amount fixed by the court from which the appeal is
mortgagee is a bank, the mortgagor-debtor is entitled to a right of taken, conditioned that if the appeal be decided against him he will abide
redemption which is within one (1) year from the sale of the real property by and perform the judgment or final order. Sec. 11, Rule 71

16
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
SPECIAL PROCEEDINGS ● Signature was procured by fraud or trick, and testator did not intend
that the instrument should be his will at the time of fixing his signature
Special proceeding is a remedy by which a party seeks to establish a status, thereto Sec. 9, Rule 76
right, or a particular fact. Montañer v. Sharia District Court, G.R. No. 174975,
[2009] CLAIMS AGAINST THE ESTATE (RULE 86)
The court shall state the time for the filing of claims against the estate in the
SETTLEMENT OF ESTATE OF DECEASED PERSONS notice to creditors.
The time shall not be more than twelve (12) nor less than six (6) months
after the date of the first publication of the notice. Sec. 2, Rule 86
VENUE AND PROCESS (RULE 73) Statute of non-claims means that claims against the estate must be filed
● Deceased was an inhabitant of the Philippines at the time of his
within the time fixed by the notice, otherwise, they are barred forever Sec. 5,
death- RTC/MTC of the place in which the decedent resided at the Rule 86.
time of his death.
● Deceased was an inhabitant of a foreign country - RTC/MTC of the
place in which the decedent had an estate. The executor or administrator shall pay the debts of the estate after:
● Hearing all the money claims against the estate;
The jurisdiction of the probate court is limited only to determining and ruling ● Ascertaining the amount of such claims; and
issues regarding the estate’s: ● If it appears that there are sufficient assets to pay the debts within
● Liquidation; the time limited for that purpose. Sec. 1, Rule 88
● Administration; and
● Distribution.
SALES, MORTGAGES, AND OTHER ENCUMBRANCES OF
SUMMARY SETTLEMENT OF ESTATES (RULE 74) PROPERTY OF DECEDENT (RULE 89)
What are the rules on sales, mortgages, and other encumbrances of
Extrajudicial settlement by agreement between heirs is allowed when:
property of decedent?
● Where the decedent left no will;
A: The rules are:
● The decedent left no debts; and
(1) The court may order the whole or a part of the personal estate to
● The heirs are all of age, or the minors are represented by their
be sold if it appears necessary for paying debts, expenses of
representatives duly authorized for the purpose. Sec. 1, Rule 74
administration, or legacies, or for the preservation of the property.
It shall be presumed that the decedent left no debts if no creditor files a Sec. 1, Rule 89
petition for letters of administration within two (2) years after the death of the (2) The court may authorize the executor or administrator to sell,
decedent. Sec. 1, Rule 74 mortgage, or otherwise encumber so much as may be necessary
Persons or heirs deprived of lawful participation in the estate may compel of the real estate, in lieu of personal estate, to pay such debts,
settlement of estate within two (2) years from settlement and distribution. expenses, and legacies, if it appears that such sale, mortgage, or
encumbrance would be beneficial to the persons interested. Sec.
In the extrajudicial settlement of estate, if there is only one heir, he may 2, Rule 89
adjudicate to himself the entire estate by means of an affidavit filed in the (3) No such authority to sell, mortgage, or otherwise encumber real,
office of the register of deeds Ibid. or personal estate shall be granted if any person interested in the
Summary settlement of estate of small value may be allowed when the estate gives a bond, in a sum to be fixed by the court, conditioned
following circumstances are present: the gross value of the estate of a to pay the debts, expenses of administration, and legacies within
deceased person, whether he died testate or intestate, does not exceed ten such time as the court directs. Sec. 3, Rule 89
thousand pesos (₱10,000) Sec. 2, Rule 74 (4) The court may authorize the executor or administrator to sell the
whole or a part of said estate, although not necessary to pay debts,
The following remedies are available to aggrieved parties within two (2)
legacies, or expenses of administration; but such authority shall
years from the settlement and distribution of an estate:
not be granted if inconsistent with the provisions of a will, and it
● Claim on the bond;
must be beneficial to the heirs. Sec. 4, Rule 89
● Claim on lien on real property – notwithstanding any transfers of real
(5) When it appears from records and proceedings of a probate court
property that may have been made;
in another country that the estate of the deceased in such other
● Reopening by intervention before rendition of judgment; and
country is not sufficient to pay the debts, expenses of
● Action to Annul Settlement
administration, and legacies there, the court here may authorize
the executor or administrator to sell the personal estate or to sell,
ALLOWANCE OR DISALLOWANCE OF WILLS (RULE 76) mortgage, or otherwise encumber the real estate. Sec. 5, Rule 89
Who may petition for the allowance of a will? (6) When a property is held in trust by the testator during his lifetime,
● Executor named in the will; the court may authorize the executor or administrator to deed such
● Devisee named in the will; property to the person, or his executor or administrator, for whose
● Legatee named in the will; use and benefit it was so held. Sec. 9, Rule 89
● Other person interested in the estate;
● Testator during his lifetime Sec. 1, Rule 76 DISTRIBUTION AND PARTITION (RULE 90)
Grounds for disallowing a will: Liquidation means the determination of all the assets of the estate and
● Not executed and attested to as required by law; payment of all the debts and expenses Luzon Surety vs. Quebrar, G.R. No. L-
● Testator was insane or mentally incapable to make a will at the time 40517 [1984].
of execution; Project of partition is a proposal for the distribution of the hereditary estate
● Executed under duress, influence of fear, or threats; which the court may accept or reject Solivio v. CA, G.R. No. 83484 [1990].
● Procured through undue pressure and influence on the part of the
beneficiary or of some other person for his benefit; and The court shall make the distribution of the estate and determine the
persons entitled thereto:

17
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● On application of executor or administrator or person interested in authorization to make the application Velasco v. CA, G.R. No. 118644,
the estate; [1995].
● Upon payment of all the obligations of the estate has been made or Writ of habeas corpus in relation to custody of minors
provided for; Any person claiming rightful custody over a minor, which covers: (1)
● After notice and hearing; Unlawful deprivation of custody of a minor; (2) Which parent shall have the
● The court shall assign the residue of the estate to the persons entitled care and custody of the minor.
to the same, naming them and the proportions, or parts, to which
each is entitled;
● If there is a controversy as to who are the lawful heirs of the deceased CHANGE OF NAME (RULE 103)
person or as the distributive shares to which each person is entitled
under the law, it shall be heard and decided as in ordinary cases. A petition for change of name must be signed and verified by the person
Sec. 1, Rule 90 desiring his name changed, or some other person on his behalf.
The probate court, generally, cannot issue a writ of execution. It is not Change of name does not alter one’s legal capacity or civil status or neither
supposed to issue a writ of execution because its orders usually refer to the is it a ground for sex reassignment Silverio v. Republic of the Philippines, G.R.
adjudication of claims against the estate which the executor or administrator No. 174689 [2007].
may satisfy without the necessity of resorting to a writ of execution. The The grounds for change of name are:
probate court, as such, does not render any judgment enforceable by (1) The name is ridiculous, tainted with dishonor or extremely difficult to
execution. Vda de Valera v. Ofilada, G.R. No. L-27526 [1974] write or pronounce;
(2) Change results as a legal consequence of legitimation;
GUARDIANSHIP (3) Change will avoid confusion;
(4) A sincere desire to adopt a Filipino name to erase signs of former
VENUE (RULE 92) alienage;
(5) Having continuously used and been known since childhood by a
The RTC has jurisdiction over the place where the incompetent resides.
Filipino name, having been unaware of alien parentage.
If the incompetent has no residence, the RTC has jurisdiction over the place
where the incompetent’s property, or any part thereof, is located Sec. 1, Rule
92.
CANCELLATION OR CORRECTION OF ENTRIES IN THE
CIVIL REGISTRY (RULE 108)
The venue in proceedings for guardianship of a minor is the Family Court
which has jurisdiction over the place where the minor resides.
Correction under Rule 108 in the civil registry cannot be made without the
final adjudication of the trial court.
APPOINTMENT OF GUARDIANS (RULE 93)
To appoint a guardian, the following must be present: CLERICAL ERROR LAW
● Verified petition; (RA 9048, as amended by RA 10172)
● Notice; and
● Hearing.
‘Clerical or typographical error’ refers to a mistake committed in the
General powers and duties of guardians (Rule 96) performance of clerical work in writing, copying, transcribing or typing an
(1) Care and custody of the person of his ward and management of his entry in the civil register that is harmless and innocuous, such as misspelled
property; or name or misspelled place of birth, mistake in the entry of day and month in
(2) Management of the property of the ward only; or the date of birth or the sex of the person or the like, which is visible to the
(3) Management of property within the Philippines in case the ward is a eyes or obvious to the understanding, and can be corrected or changed only
non-resident Sec. 1, Rule 96 by reference to other existing record or records.
The guardian must pay the ward’s just debts out of his personal estate and No correction must involve the change of nationality, age, or status of the
the income of his real estate. petitioner. Sec. 2 (3), RA 9048, as amended by RA 10172
GR: A judicial order is required for change or correction of entries in a civil
TERMINATION OF GUARDIANSHIP (RULE 97) register.
The court may, upon reasonable notice to the guardian, remove him, and
XPN: Where it is patently clear that there was a clerical or typographical
compel the guardian to surrender the estate of the ward to the person found
error or mistake in the entry, which can be corrected or changed by the
to be lawfully entitled thereto:
concerned city or municipal civil registrar or consul general
(1) When ward found to be no longer incompetent; or
(2) Guardian becomes insane or otherwise incapable of discharging his Grounds for change of first name or nickname
trust; or ● The petitioner finds the first name or nickname to be ridiculous,
(3) Becomes unsuitable; or tainted with dishonor or extremely difficult to write or pronounce;
(4) Wasted or mismanaged the estate; or ● The new first name or nickname has been habitually and
(5) Guardian has failed for thirty (30) days after it is due to render an continuously used by the petitioner and he has been publicly known
account or make a return. Secs. 1-2, Rule 97 by that by that first name or nickname in the community; or
● The change will avoid confusion. Sec. 4, R.A. 9048, as amended by R.A.
10172
WRIT OF HABEAS CORPUS (RULE 102)
WRIT OF AMPARO (A.M. NO. 07-9-12-SC)
The petition for writ of habeas corpus may be filed by:
● A party for whose relief it is intended; or
● By some person who has legally justified interest in the freedom of A Writ of Amparo is a remedy available to any person whose right to life,
the person whose liberty is restrained or who shows some liberty and security is violated or threatened with violation by an unlawful act
or omission of a public official or employee, or of a private individual or entity
Sec. 1, The Rule on the Writ of Amparo, A.M. No. 07-9-12-SC.

18
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
The omnibus waiver rule means that all defenses shall be raised in the CRIMINAL PROCEDURE
return, otherwise, they shall be deemed waived Sec. 10, The Rule on the Writ
of Amparo, A.M. No. 07-9-12-SC.
CRIMINAL JURISDICTION; CONCEPT AND REQUISITES
The hearing for the petition for writ of Amparo shall be a summary one Sec. FOR EXERCISE
13, The Rule on the Writ of Amparo, A.M. No. 07-9-12-SC.
● Criminal jurisdiction is the authority to hear and try a particular offense
The commencement of a criminal action shall not allow the filing of a and impose the punishment therefor.
separate petition for Writ of Amparo but the reliefs under the writ shall be ● Jurisdiction over subject matter over subject matter is conferred by law.
available by motion in the criminal case. The disposition of these reliefs shall ● Jurisdiction over person of the accused may be acquired by consent of
be governed by the rules on the writ of amparo Sec. 22, The Rule on the Writ the accused or by waiver of objections.
of Amparo, A.M. No. 07-9-12-SC. ● MTC has exclusive original jurisdiction over all offenses punishable
with imprisonment not exceeding 6 years irrespective of the amount of
WRIT OF HABEAS DATA (A.M. NO. 08-1-16-SC) fine.
● RTC has exclusive original jurisdiction in all criminal cases not within
The Writ of Habeas Data is a remedy available to any person whose right the exclusive jurisdiction of any court, tribunal or body.
to privacy in life, liberty or security is violated or threatened by an unlawful ● Sandiganbayan has exclusive original jurisdiction in cases where one
act or omission of a public official or employee, or of a private individual or or more of the accused occupies the positions of regional director and
entity engaged in the gathering, collecting or storing of data or information higher, otherwise classified as Grade 27 and higher.
regarding the person, family, home and correspondence of the aggrieved ● Cases where the penalty imposed is reclusion perpetua or life
party. Sec. 1, The Rule on the Writ of Habeas Data, A.M. No. 08-1-16-SC imprisonment should be appealed to the Court of Appeals, not to the
Supreme Court.
A hearing in chambers may be conducted where the respondent invokes
the defense that the release of the data or information in question shall
When Injunction may be Filed
compromise national security or state secrets, or when the data or
GR: Injunction will not lie to enjoin a criminal prosecution because public
information cannot be divulged to the public due to its nature or privileged
interest requires that criminal acts be immediately investigated and
character Sec. 12, The Rule on the Writ of Habeas Data, A.M. No. 08-1-16-SC.
prosecuted.
The filing of a petition for the writ of habeas data shall not preclude the filing
of separate criminal, civil or administrative actions Sec. 20, The Rule on the
Writ of Habeas Data, A.M. No. 08-1-16-SC. PROSECUTION OF OFFENSES (RULE 110)
Substantial evidence shall be the quantum of proof used in the allegations
and claims in the petition. A criminal case must undergo preliminary investigation if the penalty is
imprisonment of 4 years, 2 months, and 1 day or more regardless of fine.
Sec. 1, Rule 112, Revised Rules of Criminal Procedure [RRCP]
RULES OF PROCEDURE ON ENVIRONMENTAL CASES
(A.M. NO. 09-6-8-SC) Persons authorized to file a complaint:
● The offended party;
● Any peace officer;
Procedures in civil, criminal, and special civil actions in the RTCs and first ● Other public officer charged with the enforcement of the law violated.
level courts involving enforcement or violations of environmental and other
related laws, rules, and regulations Sec. 2, Rule 1, A.M. No. 09-6-8-SC. Persons authorized to file an information:
● City or provincial prosecutor and their assistants; and
Temporary Environmental Protection Order (TEPO) ● Duly appointed special prosecutors
If it appears from the verified complaint with a prayer for the issuance of an
Environmental Protection Order (EPO) that the matter is ofj extreme
All criminal actions commenced by a complaint or information shall be
urgency and the applicant will suffer grave injustice and irreparable injury,
prosecuted under the direction and control of the public prosecutor.
the executive judge or the presiding judge may issue ex parte a TEPO
effective for only 72 hours from date of the receipt of the TEPO by the party GR: Only the Solicitor General may bring or defend actions in behalf of the
or person enjoined. Republic of the Philippines, or represent the People of the Philippines or
State in criminal proceedings before the Supreme Court and the Court of
Writ of Continuing Mandamus
Appeals.
If warranted, the court shall grant the privilege of the writ of continuing
XPN:
mandamus requiring respondent to perform an act or series of acts until the
(1) When there is denial of due process of law to the prosecution and
judgment is fully satisfied and to grant such other reliefs as may be
the State or its agents refuse to act on the case to the prejudice of
warranted resulting from the wrongful or illegal acts of the respondent.
the State and the private offended party, and
Writ of Kalikasan (2) When the private offended party questions the civil aspect of a
The writ is a remedy available to a natural or juridical person, entity decision of a lower court.
authorized by law, people’s organization, non-governmental organization,
or any public interest group accredited by or registered with any government Test of Sufficiency
agency, on behalf of persons whose constitutional right to a balanced and A complaint or information may be deemed as sufficient if it contains the
healthful ecology is violated, or threatened with violation by an unlawful act following:
or omission of a public official or employee, or private individual or entity, ● The name of the accused;
involving environmental damage of such magnitude as to prejudice the life, ● The designation of the offense given by the statute;
health or property of inhabitants in two or more cities or provinces. Sec. 1, ● The acts or omissions complained of as constituting the offense;
Rule 7, A.M. No. 09-6-8-SC
● The name of the offended party;
● The approximate date of the commission of the offense; and
● The place where the offense was committed. Sec. 6, Rule 110, RRCP.

19
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● A complaint is a sworn written statement charging a person with an ● The criminal action for violation of BP 22 shall be deemed to include
offense, subscribed by the offended party, any peace officer or other the corresponding civil action. No reservation to file such civil action
public officer charged with the enforcement of the law violated. Sec. 3, separately shall be allowed. Sec. 1, Rule 111, RRCP
Rule 110, RRCP. The effects of the death of the accused or convict on the civil action are:
● An information is an accusation in writing, charging a person with an (1) If the accused dies after arraignment and during the pendency of the
offense, subscribed by the prosecutor and filed with the court. Sec. 4, criminal action, the civil liability of the accused arising from the crime
Rule 110, RRCP
is extinguished.
● An accused is deemed to have waived his right to assail the sufficiency (2) If the accused dies before arraignment, the case shall be dismissed
of the information when he voluntarily entered a plea when arraigned but the dismissal shall be without prejudice to any civil action which
and participated in the trial. Frias v. People G.R. No. 171437 [2007] may be filed against the estate of the deceased (Sec. 4, Rule 111,
● Objections as to form cannot be made for the first time on appeal.
Revised Rules of Criminal Procedure
People v. Teodoro, G.R. No. 172372 [2009]
The following are the elements of a prejudicial question:
Duplicity Rule means that a complaint or information must charge only one
● There is a previously instituted civil action;
offense Ibid.
● Then there is a subsequent criminal action filed;
● Involving an issue similar or intimately related to the issue raised in the
How should a cause of accusation be stated in a complaint or subsequent criminal action; and
information? ● The resolution of such issue determines whether or not the criminal
A: The acts or omissions complained of as constituting the offense and the action may proceed Sec. 7, Rule 111, RRCP.
qualifying and aggravating circumstances must be stated in ordinary and
concise language and not necessarily in the language used in the statute
but in terms sufficient to enable a person of common understanding to know PRELIMINARY INVESTIGATION (RULE 112)
what offense is being charged as well as its qualifying and aggravating
circumstances and for the court to pronounce judgment Sec. 9, Rule 110, A preliminary investigation is a mere inquiry or a proceeding. It is not,
RRCP. therefore, a trial and so does not involve the examination of the witnesses
by way of direct or cross-examination. Its purpose is not to declare the
AMENDMENT respondent guilty beyond reasonable doubt but only to determine first,
Kinds of Amendment whether or not a crime has been committed and second, whether the
● Formal Amendment - This merely states, with additional precision, respondent is probably guilty of the crime. Estrada v. Office of the
something which is already contained in the original information, and Ombudsman, G.R. No. 212140-41 [2015]
which, therefore adds nothing essential for conviction for the crime A warrant of arrest may be issued by the judge if after personal evaluation
charged Gabionza v. CA G.R. No. 140311 [2001]. of the resolution of the prosecutor and its supporting evidence, he finds
● Substantial Amendment - Substantial amendment consists of recital of probable cause.
facts constituting the offense charged and determinative of the If the complaint is directly filed with the prosecutor or directly filed with the
jurisdiction of the court. All other matters are merely of form. Municipal Trial Court involving an offense punishable by imprisonment of
What is the test for the availability of a formal or substantial amendment? less than four (4) years, two (2) months and one (1) day. (Sec. 8, Rule 112,
A: The test for a formal or substantial amendment is to determine whether Revised Rules of Criminal Procedure)
or not a defense under the original information would be equally available An inquest proceeding is an informal and summary investigation conducted
after the amendment and whether or not any evidence the accused might by the public prosecutor in a criminal case involving persons arrested
have would be equally applicable in one form as in the other People v. and detained without the benefit of a warrant of arrest issued by
Degamo, G.R. No. 121211 [2003].
the court for the purpose of determining whether said persons should
remain under custody and correspondingly be charged in court DOJ Circular
SUBSTITUTION No. 061, September 21, 1993.
When may substitution be done? The executive determination of probable cause is one made during
A: If it appears at any time before judgment that a mistake has been made preliminary investigation. The judicial determination of probable cause, on
in charging the proper offense, the court shall dismiss the original complaint the other hand, is one made by the judge to ascertain whether a warrant of
or information upon the filing of a new one charging the proper offense, arrest should issue against the accused.
provided the accused would not be placed in double jeopardy Sec. 14, Rule
110, RRCP
ARREST (RULE 113)
Where must a criminal action be instituted?
A: Subject to existing laws, the criminal action shall be instituted and tried in
the court of the municipality or territory where the offense was committed or Arrest is the taking of a person into custody in order that he may be bound
where any of its essential ingredients occurred. (Principle of Territoriality) to answer for the commission of an offense. Sec. 1, Rule 113, RRCP
An offended party has the right to intervene in the prosecution of a crime, A peace officer or a private person may, without a warrant, arrest a person;
where the civil action for recovery of civil liability is instituted in the criminal (1) When in his presence, the person to be arrested has committed, is
action. Sec. 16, Rule 110, RRCP actually committing, or is attempting to commit an offense (in
flagrante);
(2) When an offense has just been committed and he has probable
PROSECUTION OF CIVIL ACTION (RULE 111) cause to believe based on the personal knowledge of facts or
circumstances that the person to be arrested has committed it (hot
When a criminal action is instituted, the civil action for the recovery of the pursuit); and
civil liability arising from the offense charged shall be deemed instituted with (3) When the person to be arrested is a prisoner who has escaped from
the criminal action. a penal establishment or place where he is serving final judgment, or
has escaped while being transferred from one confinement to
another. Sec. 5, Rule 113, RRCP

20
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(4) Accused on bail tries to abscond Sec. 23, Rule 114, RRCP MOTION TO QUASH (RULE 117)
When making an arrest a private person shall inform the person to be
arrested of the intention to arrest him and cause of the arrest. Sec. 9, Rule If the motion to quash is sustained, the court may order that another
113, RRCP
complaint or information be filed except as provided in Section 6 of Rule
Requisites of a Valid Warrant of Arrest: 117. Sec. 5, Rule 117, RRCP
(1) It must be issued upon “probable cause”;
Generally, an order sustaining a motion to quash is not a bar to another
(2) Probable cause must be determined personally by the judge;
prosecution for the same offense.
(a) Before issuing warrants of arrest, judges merely determine the
● The following grounds, if sustained in a motion to quash, is a bar to
probability, not the certainty, of guilt of an accused.
another prosecution:
(b) Judges do not conduct a de novo hearing to determine the
(a) Extinction of criminal liability; or
existence of probable cause. They just personally review the
(b) Double jeopardy. Sec. 6, Rule 117, RRCP
initial determination of the prosecutor to see if it is supported
by substantial evidence. Requisites
(c) Personal examination is not mandatory and indispensable in (1) A valid indictment;
the determination of probable cause for the issuance of a (2) The valid indictment must be before a court of competent jurisdiction;
warrant of arrest. (3) The accused must be arraigned;
(d) What the law requires as personal determination of the judge (4) The accused must enter a valid plea; and
is that he should not rely solely on the report of the (5) The acquittal or conviction of the accused, or the dismissal or
investigating prosecutor. AAA v. Judge Carbonell, G.R. No. termination of the case against him is without his express consent.
171465 [2007] Saldariega v. Panganiban, G.R. Nos. 211933 and 211960 [2015]
(3) Such judge must examine under oath or affirmation the complainant May a criminal case be provisionally dismissed?
and the witnesses he may produce; and A: Yes, provided the accused expressly consents and there is notice to the
(4) The warrant must particularly describe the persons to be seized. offended party. Sec. 8, Rule 117, RRCP
SEC. 2, ART. III, CONST.
Under the Time-Bar Rule, in relation to a criminal case provisionally
Determination of Probable Cause for Issuance of Warrant of Arrest: dismissed, the dismissal shall become permanent if:
● Facts and circumstances would lead a prudent person to believe that a (1) The case is not revived within one (1) year after the issuance of the
crime has been committed.
order of provisional dismissal with respect to offenses punishable by
● Personal examination is not required.
imprisonment not exceeding six years or a fine of any amount, or
both; or
BAIL (RULE 114) (2) The case is not revived within two (2) years after the issuance of the
order of provisional dismissal with respect to offenses punishable by
Bail is the security given for the release of a person in custody of the law. imprisonment of more than six (6) years. Sec. 8, Rule 117, RRCP
Furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions specified. Sec. 1, Rule 114, RRCP PRE-TRIAL (RULE 118)
Bail is a matter of right under the following situations:
(1) Before or after conviction by the Metropolitan Trial Court, Municipal Trial The following matters are to be considered during the conduct of pre-trial:
Court, Municipal Trial court in Cities, or Municipal Circuit Trial Court, (1) Plea bargaining;
and (2) Stipulation of facts;
(2) Before conviction by the Regional Trial Court of an offense not (3) Marking for identification of evidence of the parties;
punishable by death, reclusion perpetua, or life imprisonment. Sec. 4, (4) Waiver of objections to admissibility of evidence;
Rule 114, RRCP (5) Modification of the order of trial if the accused admits the charge but
Bail is a matter of discretion upon conviction by the Regional Trial Court of interposes a lawful defense; and
an offense not punishable by death, reclusion perpetua, or life (6) Such other matters as will promote a fair and expeditious trial of the
imprisonment. Sec. 5, Rule 114, RRCP criminal and civil aspects of the case. Sec. 1, Rule 118, RRCP
All agreements and admissions made or entered during pre-trial conference
ARRAIGNMENT AND PLEA (RULE 116) shall be:
a) Reduced into writing and
b) Signed by the accused and counsel, otherwise, they cannot be used
The accused must be arraigned: against the accused. Sec. 2, Rule 118, RCCP
(1) In an open court where the complaint or information was filed or
If the counsel for the accused or the prosecutor does not appear at the pre-
assigned for trial;
trial conference and does not offer an acceptable excuse for his lack of
(2) By the judge or clerk;
cooperation, the court may impose proper sanctions or penalties. Sec. 3,
(3) By furnishing the accused with a copy of the complaint or information, Rule 118, RRCP
and reading the same in the language or dialect known to him; and
asking him whether he pleads guilty or not guilty. Sec. 1[a], Rule 116, The pre-trial order, which contains the actions taken, facts stipulated, and
RRCP evidence marked, shall bind the parties, limit the trial to matters not disposed
of, and control the course of the action during the trial, unless modified by
There is an improvident plea, where the trial court failed in its duty to
the court to prevent manifest injustice. Sec. 4, Rule 118, RRCP
conduct the prescribed searching inquiry into the voluntariness of the
accused’s plea of guilty and full comprehension thereof. People v.
Gumimba, 517 SCRA 25, 32 TRIAL (RULE 119)
May an improvident plea of guilty be withdrawn and be substituted with a
plea of not guilty? In the following instances, the presence of the accused is required:
A: Yes, the court may allow the withdrawal, but it must be made at any time (1) At the arraignment and plea, whether or not innocent or guilty;
before the judgment of conviction becomes final. Sec. 5, Rule 116, RRCP (2) During the trial, whenever necessary for identification purposes; and

21
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(3) At the promulgation of sentence, unless it is for a light offense, in granted based on such exceptions, the moving party shall still finish the
which case, the accused may appear by counsel or representative. presentation of evidence on the dates previously agreed upon.
People v. De Grano, 588 SCRA 550, 568-569
In order that the accused may be tried in absentia, the following requisites JUDGMENT (RULE 120)
must concur:
● The accused has already been arraigned; Judgment is the adjudication by the court that the accused is guilty or not
● The accused has been duly notified of the trial or hearings; and guilty of the offense charged and the imposition on him of the proper penalty
● The absence of the accused or his failure to appear is unjustified. and civil liability, if any.
Sec. 14[2], Art. III, 1987 Constitution
Promulgation of Judgment
In the discharge of an accused in order that he may be a state witness, the
The general rule is that the judgment is promulgated by reading it in the
following conditions must be present:
presence of the accused and any judge of the court in which it was rendered.
(1) Two or more persons are jointly charged with the commission of an Sec. 6, Rule 120, RRCP
offense;
(2) The motion for discharge is filed by the prosecution before it rests its
case; MOTION FOR NEW TRIAL OR RECONSIDERATION
(3) The prosecution is required to present evidence and the sworn (RULE 121)
statement of each proposed state witness at a hearing in support of
the discharge; At any time before a judgment of conviction becomes final, the court may,
(4) The accused gives his consent to be a state witness; and on motion of the accused or at its own instance but with the consent of the
(5) The trial court is satisfied that: accused, grant a new trial or reconsideration. Sec. 1, Rule 121, RRCP
a) There is absolute necessity for the testimony of the accused A new trial shall be granted on any of the following grounds:
whose discharge is requested; (1) That errors of law have been committed during trial;
b) There is no other direct evidence available for the proper (2) That irregularities prejudicial to the substantial rights of the accused
prosecution of the offense committed, except the testimony have been committed during the trial; or
of said accused; (3) That new and material evidence has been discovered. Sec. 2, Rule
c) The testimony of said accused can be substantially 121, RRCP
corroborated in its material points;
A reconsideration of the judgment shall be granted on any of the following
d) Said accused does not appear to be the most guilty; and
grounds:
e) Said accused has not at any time been convicted of any
(1) Errors of law in the judgment, which requires no further proceedings;
offense involving moral turpitude. Sec. 17, Rule 119, RRCP
or
The general rule is that the discharge of the accused shall amount to an (2) Errors of fact in the judgment, which requires no further proceedings.
acquittal of the accused and shall be a bar to future prosecution for the same Sec. 3, Rule 121, RRCP
offense.
For newly discovered evidence to be a ground for a new trial, the following
If the accused filed a demurrer to evidence with leave of court and the court must concur:
denies the same, the accused may adduce evidence in his defense. (1) The evidence must have been discovered after the trial;
When the demurrer to evidence is filed without leave of court, the accused (2) That the evidence could not have been previously discovered and
waives the right to present evidence and submits the case for judgment on produced at the trial even with exercise of reasonable diligence;
the basis of the evidence for the prosecution. Sec. 23, Rule 119, RRCP (3) That it is a new and material evidence; and
Revised Guidelines on Continuous Trial (A.M. No. 15-06-10-SC) (4) That if the evidence is introduced and admitted, it would probably
● Applicability: All newly-filed criminal cases, including those governed by change the judgment. Sec. 2, Rule 121, RRCP
special laws and Rules, RTC, MTC, the Sandiganbayan and the CTA as
of effectivity date; Shall also apply to pending criminal cases with respect APPEAL (RULE 122)
to the remainder of the proceedings.
● UNLESS otherwise specifically provided herein, the Revised Guidelines
The right to appeal from a final judgment or order in a criminal case is
shall not apply to criminal cases filed under the Rule on Summary
granted to any party, unless the accused will be placed on double jeopardy.
Procedure. Sec. 1, Rule 122, RRCP
● Prohibited Motions: Shall be denied outright before the scheduled
arraignment without need of comment and/ or opposition. An appeal must be taken within fifteen (15) days from the promulgation of
(1) Motion for judicial determination of probable cause; the judgment or from notice of the final order appealed from. This period for
(2) Motion for preliminary investigation filed beyond the 5-day perfecting an appeal shall be suspended from the time a motion for new trial
reglementary period; or reconsideration is filed until notice of the order overruling the motion has
(3) Motion for reinvestigation of the prosecutor recommending the filing been served upon the accused or his counsel at which time the balance of
of information once the information has been filed; the period begins to run. Sec. 6, Rule 122, RRCP
(4) Motion to quash information when the ground is not stated in Sec. 3, An appeal taken by one or more of several accused shall not affect those
Rule 117. who did not appeal, except insofar as the judgment of the appellate court is
(5) Motion for bill of particulars that does not conform to Sec. 9, Rule favorable and applicable to the latter.
116. An appellant may withdraw his appeal before the record has been forwarded
(6) Motion to suspend the arraignment based on grounds not stated on by the clerk of court to the proper appellate court.
Sec. 11, Rule 116.
(7) Petition to suspend the criminal action on the ground of prejudicial
question, when no civil case has been filed. SEARCH AND SEIZURE (RULE 126)
● Motion for Postponement: It is prohibited, except if based on force
majeure or physical inability of the witness to appear and testify. If A search warrant is in the nature of a criminal process akin to a writ of
discovery.

22
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
What is the rule on particularity of description of things to be searched or (a) Before filing of the return – Law enforcement
seized? (b) After the filing of the return – Court.
A: The rule is that a description of the place to be searched is sufficient if ● Types of Cybercrime Warrants:
the officer with the warrant can, with reasonable effort, ascertain and identify (1) Warrant to Disclose Computer Data;
the place intended and distinguish it from other places in the community Uy (2) Warrant to Intercept Computer Data;
v. BIR, 344 SCRA 36, 53. (3) Warrant to Search, Seize and Examine Computer Data; and
What are the requirements for a consented search? (4) Warrant to Examine Computer Data. Rule on Cybercrime Warrants,
A: The consent must be voluntary such that it is specific, and intelligently A.M. No. 17-11-03-SC, [July 3, 2018])
given, uncontaminated by any duress or coercion.
The plain view doctrine applies when the following requisites concur: EVIDENCE
(1) The law enforcement officer in search of the evidence has a prior
justification for an intrusion or is in a position from which he can view GENERAL CONCEPTS
a particular area;
(2) The discovery of the evidence in plain view is inadvertent; and Evidence is the medium of proof, while proof is the result of evidence.
(3) It is immediately apparent to the officer that the item he observes
Burden of proof the duty of a party to present evidence on the facts in issue,
may be evidence of a crime, contraband, or otherwise subject to
to establish the claim, or to establish the defense by the amount of evidence
seizure. Argana v. People, G.R. No. 235898 [2019]
required by law Sec. 1, Rule 131, Revised Rules on Evidence [RRE].
The remedies for unlawful search and seizure are: Burden of evidence is the duty of a party to present evidence, to establish
● A motion to quash a search warrant; and/or or rebut a fact in issue to establish a prima facie case. Sec 1, Rule 131, RRE
● A motion to suppress evidence Sec. 14, Rule 126, RRCP.
Burden of proof never shifts, while burden of evidence may shift from one
party to the other in the course of the proceedings, depending on the
PROVISIONAL REMEDIES IN CRIMINAL CASES (RULE 127) exigencies of the case. Sec 1, Rule 131, Revised Rules on Evidence.
● Attachment: When the civil action is properly instituted in the criminal
action, the offended party may have the property of the accused Equipoise Rule states that when the evidence of the prosecution and the
attached as security for the satisfaction of any judgment that may be defense are so evenly balanced, the appreciation of such evidence calls for
recovered from the accused in the following cases: tilting of the scales in favor of the accused, and the evidence for the
(1) When the accused is about to abscond from the Philippines; prosecution must be heavier to overcome the presumption of innocence of
(2) When the criminal action is based on a claim for money or property the accused. People v. De la Iglesia, G.R. No. 110991-92 [1995]
embezzled or fraudulently misapplied or converted to the use of the
accused who is a public officer, officer of a corporation, attorney, ADMISSIBILITY (RULE 128)
factor, broker, agent, or clerk, in the course of his employment, or by
any other person in a fiduciary capacity, or for a willful violation of Evidence is admissible when it is relevant and competent.
duty; Evidence is relevant if it has such a relation to the fact in issue as to induce
(3) When the accused has concealed, removed, or disposed of his belief in its existence or non-existence. Sec 4, Rule 128, RRE
property, or is about to do so; and
(4) When the accused resides outside the Philippines. SEC. 2 Multiple Admissibility: The evidence is relevant and competent for TWO
● Availability of Provisional Remedies in Civil Actions to Criminal Actions: or more purposes.
The provisional remedies in civil actions, insofar as they are applicable, Conditional Admissibility: The evidence at the time of its offer appears to
may be availed of in connection with the civil action deemed instituted be immaterial or irrelevant unless it is connected with other facts that will be
with the criminal action. SEC. 1 substantially proved.
● Provisional Remedies in Criminal Proceedings: Curative Admissibility: Admitted incompetent evidence adduced by the
(1) Attachment; RULE 57 adverse party, makes a party have the right to introduce the same kind of
(2) Preliminary Injunction; RULE 58 evidence on his/her behalf.
(3) Receivership; RULE 59
(4) Delivery of personal property; RULE 60 Direct and Circumstantial Evidence
(5) Support pendente lite. RULE 61 ● Direct evidence – that which proves the fact in dispute without the aid
of any inference or presumption
● Circumstantial evidence – that which indirectly proves a fact in issue
THE RULE ON CYBERCRIME WARRANTS (A.M. NO. 17-11-03- through an inference drawn from the evidence established. People v.
SC) Matito, G.R. No. 144405 [2004]
● Venue and Jurisdiction: Positive and Negative Evidence
(a) For Sections 4 and 5 of R.A. 10175 - Cybercrime warrants shall ● Positive: The witness affirms that a fact did not occur
be issued by the RTC designated as a cybercrime court, where: ● Negative: The witness states that he did not see or know the
(1) The cybercrime offense was committed; occurrence of a fact
(2) The computer system is situated; Competent and Credible Evidence
(3) The place where the damage was caused. ● Competent: It is not excluded by the law or the Rules of Court.
(b) For Section 6 of R.A. 10175 - Cybercrime warrants shall be issued ● Credible: The common experience and observation of mankind
by the regular courts. can approve as probable under the circumstances (Pp v. Mon,
● Enforceability: Cybercrime warrants may be enforced within and outside G.R. No. 235778)
the Philippines.
● Validity: Ten (10) days from its issuance which may be extended for
another ten (10) days.
● Custody Over the Data or Items Seized, Intercepted, and Obtained by
Law Enforcement:

23
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
JUDICIAL NOTICE AND JUDICIAL ADMISSIONS Privileged Communication applies to (a) husband or wife during or after the
(RULE 129) marriage; (b) attorney or person reasonably believed to practice the law; (c)
physician, psychotherapist or person believed to be authorized to practice
Matters that need not be proved with evidence: medicine; and (d) minister, priest or person believed to be so as regards
(1) Matters which a court has taken judicial notice of; and confession made in his professional character.
(2) Admissions made by a party in the proceedings of the same case No one can be compelled to testify against his or her parents, other direct
final case must undergo preliminary investigation if the penalty is ascendants, children, other direct descendants.
imprisonment of 4 years, 2 months, and 1 day or more regardless of
A person cannot be compelled to testify about any trade secret except when
fine. Sec. 1, Rule 112, RRCP
the non-disclosure will conceal fraud or work injustice.
Judicial admission is an oral or written admission made by a party in the
An admission is an act, declaration or omission of a party as to a relevant
course of the proceedings in the same case. Sec 4, Rule 129, RRE
fact.
Admissions made in a stipulation of facts by the parties in the pre-trial are
A confession is an acknowledgment in express terms, by a party in a
treated as judicial admissions Eastern Shipping Lines, Inc. v. BPI/MS
criminal case, of his guilt of the crime charged.
Insurance Corporation, G.R. No. 182684 [2015].
Object Evidence is such evidence that may be addressed to the senses of An offer of compromise is inadmissible in a civil case. However, in a criminal
the court. It must be relevant, authenticated, and formally offered in case, an offer of compromise by the accused may be received in evidence
evidence. as an implied admission of guilt.
Res inter alios acta Rule
The following are the exclusionary rules under the Rules of Court:
(1) The rule excluding secondary evidence when the primary or original This rule has two branches:
document is available; ● First, the rights of a party cannot be prejudiced by an act,
(2) The rule excluding hearsay evidence; and declaration, or omission of another, except as provided in the
(3) The rule excluding privileged communications. Sec. 3, Rule 130; Sec. Rules of Court Sec. 29, Rule 130, RRE.
37, Rule 130, Secs. 23 – 26, Rule 130, RRE ● Second, evidence of a previous conduct or similar act at one time
is not admissible to prove that one did or did not do the same or
Extrajudicial confession shall be inadmissible as evidence in any similar thing at another time; but it may be received to prove a
proceeding, unless it is in writing, and signed by the accused in the presence specific intent or knowledge, identity, plan, system, scheme,
of his counsel. habit, custom or usage, and the like. Sec. 35, Rule 130, RRE
Non-compliance with Section 21 of R.A. 9165 will not ipso facto render the Generally, previous conduct of a party is not admissible in evidence.
seizure and custody of the drugs invalid. It will cast doubt on the integrity of Evidence that one did or not do a certain thing at one time is not admissible
the seized items, and create a reasonable doubt on the guilt of the accused to prove that he or she did or did not do the same or a similar thing at another
People v. Binasing, G.R. No. 221439, [2018]
time. Sec. 35, Rule 130, RRE
DOCUMENTARY EVIDENCE (RULE 130, B) Previous conduct of similar acts may be received to prove:
● Specific intent;
● Specific knowledge;
Documentary evidence refers to evidence consisting of writings, recording,
● Identify;
photographs or any other material containing letters, words, sounds,
● Plan;
numbers, figures, symbols, or their equivalent, or other modes of written
● System;
expression offered as proof of their contents.
● Scheme;
Generally, when the subject of inquiry is the contents of a document, writing, ● Habit;
recording, photograph or other record, no evidence is admissible other than ● Custom;
the original document itself. Sec. 3, Rule 130, RRE ● Usage; and
The contents of an unavailable document may be proven through a copy, a ● The like. Sec. 35, Rule 130, RRE
recital of its contents in an authentic document; or testimony of witnesses. Generally, a witness can testify only to those facts he knows of his personal
The parol evidence rule forbids any addition to, or contradiction of, the terms knowledge, that is, derived from his own perception.
of a written agreement by testimony or other evidence purporting to show Hearsay is a statement other than one made by the declarant while testifying
that different terms were agreed upon by the parties varying the purport of at a trial or hearing, offered to prove the truth of the facts asserted therein.
the written contract. SeaOil Petroleum Corporation v. Autocorp Group, 569
SCRA 387 An independently relevant statement is a statement made by the declarant
while testifying at a trial or hearing. It is not being offered to prove the truth
of the facts asserted therein but only to prove that the statement was made.
TESTIMONIAL EVIDENCE (RULE 130, C)
Exceptions to the hearsay rule:
All persons who can perceive, and perceiving, can make known their ● Dying declaration;
perception to others, may be witnesses. ● Statement of decedent or person of unsound mind;
Every child is presumed qualified to be a witness. The party challenging the ● Declaration against interest;
child's competency as a witness has the burden of substantiating his ● Ac or declaration about pedigree;
challenge. People v. Esugon, G.R. No. 195244 [2015] ● Family reputation or tradition regarding pedigree;
● Common reputation;
During their marriage, the husband and wife cannot testify against the other ● Part of the res gestae;
without the consent of the affected spouse. ● Records of regularly conducted business activity;
XPN: ● Entries in official records;
a) Civil case by one against the other; or ● Commercial lists and the like;
b) In a criminal case for a crime committed by one against the other or ● Learned treatises;
the latter’s direct ascendants or descendants.
● Testimony or deposition at a former proceeding; and

24
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● Other statements falling under the residual exception. Secs. 38- (3) When the genuineness and authenticity of the document have been
50, Rule 130, RRE admitted; or
Opinion Rule is not admissible except when it is the opinion of an expert (4) When the document is not being offered as genuine. Otero v. Tan,
witness, or when it is the opinion of an ordinary witness as to a person’s G.R. No. 200134 [2012]
identity, handwriting, or mental sanity, or impressions on emotion and 3. Offer and Objection
behavior Secs. 51-53, Rule 130, RRE Evidence must be offered because the court shall consider no evidence
As a general rule, evidence of a person's character or a trait of character is which has not been formally offered. Sec. 34, Rule 132, RRE
not admissible to prove an action in conformity therewith on a particular The objection to offer of evidence must be made orally immediately after the
occasion. Sec. 54, Rule 130, RRE. offer is made, and the grounds of objection must be specified.
In a criminal or civil case, evidence on the good character of a witness may Tender of Excluded Evidence
be admissible when such good character has been impeached Sec. 54, Rule ● If the documents or things offered in evidence are excluded by the
130, RRE. court, the offeror may have it attached or made part of the record.
● If the excluded evidence is oral, the offeror may state for the record the
BURDEN OF PROOF AND PRESUMPTIONS (RULE 131) name and other personal circumstances of the witness and the
substance of the proposed testimony. (Sec 40, Rule 132 Rules of Court)

Presumption is an inference of the existence or non-existence of a fact,

drawn by courts from proof of other facts In the Matter of Intestate Estates of JUDICIAL AFFIDAVIT RULE (A.M. NO. 12-8-8-SC)
Delgado and Rustia, 480 SCRA 334.
Presumption is not considered as evidence. It merely affects the burden of The Rule applies to all actions, proceedings, and incidents requiring the
offering evidence. reception of evidence. It applies to all courts other than the Supreme Court.
In a civil action, presumption creates the burden upon the party against The rule provides that judicial affidavit of witnesses shall take the place of
whom the presumption is directed to rebut or meet the same. such witnesses' direct testimonies.
If a presumed fact establishes guilt, or is an element of the charged offense, The Judicial Affidavit must contain the following:
or negates defense, then it creates the burden to prove beyond reasonable ● The witnesses’ name, age, residence or business address, and
doubt that a basic fact exists, and that the presumed fact follows from the occupation;
basic fact Sec. 6, Rule 131, RRE ● The name and address of the lawyer who conducts or supervises the
examination, and the place of examination;
● A statement that the witness is answering the questions asked, fully
PRESENTATION OF EVIDENCE (RULE 132)
conscious that he does so under oath, and that he may face criminal
liability for false testimony or perjury;
1. Examination of Witnesses ● Questions asked of the witness and his corresponding answers,
As a rule, a witness must answer questions, although his answer may tend consecutively numbered, that:
to establish a claim against him, subject to the rights of a witness Sec. 3, a) Show the circumstances under which the witness acquired the
Rule 132, RRE. facts upon which he testifies;
A leading question suggests to the witness the answer which the examining b) Elicit from him those facts relevant to the issues; and
party desires Sec. 10, Rule 132, RRE. c) Identify the attached documentary and object evidence and
A misleading question assumes as true a fact not yet testified to by the establish their authenticity;
witness, or contrary to that which he has previously stated. Misleading ● The signature of the witness over his printed name; and
questions are not allowed. Sec 10, Rule 132, RRE. ● A jurat with the signature of the notary public who administers the oath
or an authorized officer Sec. 3, Judicial Affidavit Rule [JAR].
A witness may be impeached by the party against whom he was called Sec.
11, Rule 132, RRE. The Rule shall apply to criminal actions in the following cases:
● Where the maximum of the imposable penalty does not exceed six
2. Authentication and Proof of Documents years;
● Authentication: Process of proving the due execution and genuineness ● Where the accused agrees to the use of judicial affidavits, irrespective
of a document. of the penalty involved; or
● Authentication is needed only in private documents offered as evidence. ● With respect to the civil aspect of the actions, whatever the penalties
Public documents enjoy the presumption of regularity. involved are Sec. 9, JAR.
● General Rule: Before any private document offered as authentic is
received in evidence, its due execution and authenticity must be proved The court shall not consider the affidavit of such witness who fails to appear
either: at the scheduled hearing of the case as required. Sec. 10, JAR
(1) By anyone who saw the document executed or written; or
(2) By evidence of the genuineness of the signature or handwriting of WEIGHT AND SUFFICIENCY OF EVIDENCE (RULE 133)
the maker. SEC. 20
● Hierarchy of Evidentiary Values
● Any other private document need only be identified as that which it is
A. Proof Beyond Reasonable Doubt: Does not mean such a degree
claimed to be. (Ibid.) Thus, if not being offered in evidence as genuine, it
need not be authenticated. of proof excluding possibility of error and producing absolute
● Exceptions: The requirement of authentication of a private document is certainty. Moral certainty only is required, or that degree of proof
excused only: which produces conviction in an unprejudiced mind. SEC. 2
(1) For ancient documents which are more than thirty (30) years old, B. Clear and Convincing Evidence: That degree of proof which will
and is unblemished by any alterations or circumstances of produce in the mind of the trier of facts a firm belief or conviction as
suspicion. Heirs of Lacsa v. CA, 197 SCRA 234 [1991] to the allegations sought to be established.
(2) When the genuineness and authenticity of an actionable document
have not been specifically denied under oath by the adverse party;

25
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
C. Preponderance of Evidence: In civil cases, the party having
burden of proof must establish his case by a preponderance of
evidence. SEC. 1
D. Substantial Evidence: That amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion.
SEC.5
● In cases filed before administrative or quasi-judicial bodies, a fact may
be deemed established if it is supported by substantial evidence. (Ibid.)

RULES ON ELECTRONIC EVIDENCE

(A.M. NO. 01-7-01-SC)

The Rules shall apply whenever an electronic document or electronic data

message is offered or used in evidence, unless otherwise provided.
An electronic document is information or the representation of information,
data, figures, symbols or other modes of written expression, described or
however represented, by which a right is established or an obligation
extinguished, or by which a fact may be proved and affirmed, which is
received, recorded, transmitted, stored, processed, retrieved or produced
electronically.
An electronic document is the functional equivalent of a paper-based
document. Sec 1, Rule 3, Rules on Electronic Evidence [REE]
Authenticity of electronic documents must be proved by any of the
following means:
● By evidence that it had been digitally signed by the person
purported to have signed the same;
● By evidence that other appropriate security procedures or devices
as may be authorized by the Supreme Court or by law for
authentication of electronic documents were applied to the
document; or
● By other evidence showing its integrity and reliability to the
satisfaction of the judge. Sec. 2, Rule 5, REE

Audio, photographic and video evidence of acts be may be admissible

provided it shall be shown, presented or displayed to the court and shall be
identified, explained or authenticated by the person who made the recording
or by some other person competent to testify on the accuracy thereof. Sec.
1, Rule 11, Rules on Electronic Evidence

26
 BAR FINGERTIPS
BASED ON THE 2023 BAR SYLLABUS

LEGAL AND JUDICIAL ETHICS WITH

PRACTICAL EXERCISES

I. Legal Ethics
A. Practice of Law 1
1. Basic Concepts 1
a) Definition of the Practice of Law 1
b) Practice of Law as a Privilege, Not a Right 1
c) Law as a Profession, Not a Business or Trade 1

2. Qualifications for Admission to the Bar

(Bar Matter No. 1153) 1
3. Continuing Requirements for Membership in the Bar 1

4. Appearance of Non-lawyers 1
a) Law Student Practice Rule (Rule 138-A,
as amended by A.M. No. 19-03-24-SC) 1
b) Non-lawyers in Courts and/or
Administrative Tribunals 1
c) Proceedings Where Lawyers are Prohibited
to Appear as Counsels 1

5. Prohibited Practice of Non-lawyers and

Appearance Without Authority 1

6. Public Officials and the Practice of Law 1

a) Prohibitions and Disqualifications of
Former Government Attorneys 1
b) Public Officials Who Cannot Practice Law
or Can Practice Law With Restrictions 1

7. Lawyers Authorized to Represent the Government 1

8. The Lawyer’s Oath 1

B. Duties and Responsibilities of a Lawyer Under the Code of

Professional Responsibility 1
1. To Society 1
2. To the Legal Profession 1
3. To the Courts 1
4. To the Clients 1
 C. Suspension, Disbarment, and Discipline of Lawyers 2
1. Nature and Characteristics of
Disciplinary Actions against Lawyers 2
2. Grounds 2
3. Proceedings (Rule 139-B of the Rules of Court,
as amended) 2

D. Notarial Practice (A.M. No. 02-8-13-SC, as amended) 2

1. Qualifications of a Notary Public 2
2. Term of Office of a Notary Public 2
3. Powers and Limitations 2
4. Notarial Register 2
5. Jurisdiction of Notary Public and Place of Notarization 2
6. Competent Evidence of Identity 2
7. Sanctions 2

II. Judicial Ethics

A. Sources 2
1. New Code of Judicial Conduct
for the Philippine Judiciary 2
2. Code of Judicial Conduct 2

B. Qualities 2
1. Independence 2
2. Integrity 2
3. Impartiality 2
4. Propriety 2
5. Equality 2
6. Competence and Diligence 3

C. Disqualification of Judicial Officers 3

1. Compulsory 3
2. Voluntary 3

D. Discipline and Administrative Jurisdiction

Over Members of the Judiciary 3
1. Supreme Court 3
a) Impeachment 3
2. Lower Court Judges and Justices 3
a) Sanctions Imposed by the Supreme Court
on Erring Members of the Judiciary 3

III. Practical Exercises

A. Demand Letter 4
B. Deed of Sale of Real Property and
Deed of Sale of Personal Property 5
C. Contract of Lease 7
D. Special Power of Attorney 8
E. Verification and Certificate of Non-forum Shopping 9
F. Judicial Affidavit 10

G. Notarial Certificates 13
1. Jurat 13
2. Acknowledgment 13

H. Motions 14
1. Motion for Summary Judgment 14
2. Motion to Dismiss 14
3. Motion to Declare in Default 15

I. Quitclaims in Labor Cases 16

J. Information in Criminal Cases 17
 BAR FINGERTIPS
Based on the 2023 BAR Syllabus

LEGAL ETHICS
s

LEGAL AND JUDICIAL ETHICS A lawyer shall not, after leaving government service, accept engagement
or employment in connection with any matter in which he had intervened
LEGAL ETHICS while in said service. Rule 6.03, Code of Professional Responsibility
Sec. 7(b) of Republic Act 6713 provides that public officials and
Practice of law means any activity, in or out of court, which requires the employees, during their incumbency, shall not, among others, engage in
application of law, legal procedure, knowledge, training and experience. the private practice of their profession UNLESS authorized by the
Constitution or law, provided that such practice will not conflict or tend to
Generally, to practice law is to give notice or render any kind of service,
conflict with their official functions.
which device or service requires the use in any degree of legal knowledge
or skill. Cayetano vs. Monsod, G.R. No. 100113 [1991]
LAWYER’S OATH
Practice of law is merely a privilege, not a right.
“I _________ do solemnly swear that I will maintain allegiance to the
Lawyering is not primarily meant to be a money-making venture, and law Republic of the Philippines; I will support its Constitution and obey the laws
advocacy is not a capital that necessarily yields profits. as well as the legal orders of the duly constituted authorities therein; I will
do no falsehood, nor consent to the doing of any in court; I will not wittingly
QUALIFICATIONS FOR ADMISSION TO THE BAR (BAR MATTER NO. nor willingly promote or sue any groundless, false or unlawful suit, or give
1153) aid nor consent to the same; I will delay no man for money or malice, and
1. Completion of a Bachelor’s Degree in Arts of Sciences. will conduct myself as a lawyer according to the best of my knowledge and
2. Completion of all the prescribed courses for the degree of Bachelor discretion with all good fidelity as well to the courts as to my clients; and I
of Laws or its equivalent degree in a law school officially recognized impose upon myself this voluntary obligations without any mental
by the Philippine Government. reservation or purpose of evasion. So, help me God” Sec. 3, Rule 138, Rules
For Filipino Citizens who graduated from a Foreign Law School of Court.
1. Completion of all courses leading to the degree of Bachelor of Laws
or its equivalent degree DUTIES AND RESPONSIBILITIES OF A LAWYER UNDER THE
2. Recognition or accreditation of the law school by the proper authority CODE OF PROFESSIONAL RESPONSIBILITY
3. Completion of all fourth-year subjects in the Bachelor of Laws ● A lawyer shall uphold the Constitution, obey the laws of the land and
academic program in a law school duly recognized by the Philippine promote respect for law and legal process Canon 1, CPR.
Government. ● A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.
● A lawyer in making known his legal services shall use only true,
The following are the continuing requirements for membership in the Bar:
honest, fair, dignified, and objective information or statement of
(1) Citizenship;
facts Canon 3, CPR.
(2) Good Moral Character;
● A lawyer shall at all times uphold the integrity and dignity of the legal
(3) Payment of professional Tax;
profession and support the activities of the Integrated Bar Canon 7,
(4) Membership in the IBP;
CPR.
(5) Payment of IBP dues; ● A lawyer shall observe and maintain the respect due to the courts
(6) Good and regular standing; and to judicial officers and should insist on similar conduct by others
(7) Compliance with the MCLE requirement. Canon 11, CPR.
● A lawyer shall not refuse his services to the needy Canon 14, CPR
A law student practitioner who is enrolled in his/her law school’s Clinical ● A lawyer shall be bound by the rule on privileged communication in
Legal Education Program and has obtained Level 2 Certification may, respect of matters disclosed to him by a prospective client Rule
subject to the supervision and approval of a supervising lawyer, appear on 15.02, Canon 15, CPR.
behalf of marginalized clients before any court, quasi-judicial or ● A lawyer shall observe the rules of procedure and shall not misuse
administrative body. Rule 138-A, Sec. 4, Revised Rules of Court them to defeat the ends of justice Rule 10.03, Canon 10, CPR.
● Lawyers cannot acquire or purchase, even at a public or judicial
Non-lawyers can appear before the MTC, Cadastral Court, DARAB, NLRC auction, either in person or through the mediation of another, the
or Labor Arbiter. property and rights which may be the object of any litigation in which
Lawyers are prohibited from appearing as counsels in small claims, they take part by virtue of their profession Art. 1491(5), Civil Code.
Katarungang Pambarangay, and proceedings with conflict of interest. ● A lawyer must exercise ordinary diligence or that reasonable degree
of care and skill in handling his client’s case.
Lawyers who are members of Congress are prohibited from appearing
before any court of justice, before the Electoral Tribunals, and quasi- A champertous contract (void) is one where:
judicial and other administrative bodies. ● The lawyer stipulates with his client that he will bear all the
Lawyers without authority are those who corruptly or willfully appear as an expenses for the prosecution of the case, the recovery of things or
attorney for a party to a case without authority to do so. It is a ground for property being claimed, and
disbarment or suspension. Sec. 27, Rule 138, Revised Rules of Court ● The client pays only upon successful litigation.
A contingent contract is an agreement in which the lawyer’s fee, usually a
fixed percentage of what may be recovered in the action, is made to
depend upon the success in the effort to enforce or defend the client’s right.

1
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
The lawyer does not undertake to shoulder the expenses of litigation. It is A person commissioned as notary public may perform notarial acts in any
a valid agreement. place within the territorial jurisdiction of the commissioning court. Rule III,
Sec. 11, 2004 Rules on Notarial Practice
ATTORNEY’S FEES Competent Evidence of Identity
Ordinary concept Competent evidence of Identity is:
An attorney’s fee is the reasonable compensation paid to a lawyer for the ● At least one current identification document issued by an official
legal services he has rendered to a client. The basis of this compensation agency bearing the photograph and signature of the individual; or
is the fact of employment by the client. ● The oath or affirmation of one credible witness not privy to the
Extraordinary concept instrument, document or transaction who is personally known to the
An attorney’s fee is an indemnity for damages ordered by the court to be notary public and who personally knows the individual, or of two
paid by the losing party to the prevailing party in litigation. The basis of this credible witnesses neither of whom is privy to the instrument,
is any of the cases authorized by law and is payable not to the lawyer but document or transaction who each personally knows the individual
to the client – unless they have agreed that the award shall pertain to the and shows to the notary public documentary identification. (Rule 2,
Sec. 12, 2004 Rules on Notarial Practice)
lawyer as additional compensation or as part thereof Traders Royal Bank
Employees Union-Independent v. NLRC, G.R. No. 120592 [1997]. Sanctions
Whenever a party to a pending action dies, and the claim is not thereby The Executive Judge shall revoke a notarial commission for any ground on
extinguished, it shall be the duty of his counsel to inform the court within any ground on which an application for commission may be denied (Rule
thirty (30) days after such death of the fact thereof, and to give the name XI, Sec 1(a)). Further, Sec 1(b) of the same rule outlines 11 specific
and address of his legal representative/s. Failure of counsel to comply with grounds. The Executive judge may motu proprio initiate administrative
this duty shall be a ground for disciplinary action Sec. 16, Rule 3, Revised proceedings and impose administrative sanctions which shall be published
Rules of Court. by the Clerk of Court.

SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS JUDICIAL ETHICS

A disbarment proceeding is sui generis, neither a civil nor a criminal action.
The grounds for Suspension or Disbarment are: The New Code of Judicial Conduct (NCJC) for the Philippine Judiciary took
1. Pattern of grave and immoral conduct before admission Garrido v. effect on June 1, 2004 supersedes the Canons of Judicial Ethics and the
Garrido, A.C. No. 6593 [2010]; Code of Judicial Conduct.
2. Acts of misconduct after admission, such as:
a) Deceit;
CODE OF JUDICIAL CONDUCT
b) Malpractice;
The Code of judicial conduct states that the judiciary must be 'honorable,
c) Gross misconduct in office;
competent and independent. Further, it adds that 'a judge should be the
d) Conviction of a crime involving moral turpitude;
embodiment of competence, integrity and independence. (Bench book for
e) Grossly immoral conduct; trial court judges)
f) Violation of the lawyer’s oath;
g) Willful disobedience of a lawful order of the court;
h) Corruptly appearing for a party without authority; INDEPENDENCE
i) Solicitation of cases Sec. 27, Rule 138, Rules of Court. Individual judicial independence provides that the judge should focus on
each particular case and seeks to ensure the ability of the judge to decide
Proceedings for disbarment, suspension or discipline of attorneys may be cases with autonomy and within the constraints of the law Basic Principles
taken by the: on the Independence of the Judiciary.
a) Supreme Court motu proprio; or
Institutional judicial independence means that the judge should focus on
b) Integrated Bar of the Philippines (IBP) upon the verified complaint
the independence of the judiciary as a branch of the government Basic
of any person Sec. 1, Rule 139-B, Rules of Court, as amended by B.M. Principles on the Independence of the Judiciary.
No. 1960.

INTEGRITY
NOTARIAL PRACTICE (A.M. NO. 02-8-13-SC, AS AMENDED) Judges shall ensure that not only is their conduct above reproach, but that
A notary public may perform notarial acts for a period of 2 years it is perceived to be so in the view of a reasonable observer. Sec. 1, Canon
commencing the first day of January of the year in which the 2, NCJC
commissioning is made, unless earlier revoked or the notary public has
resigned under these Rules and the Rules of Court. Rule III, Sec. 11, 2004
Rules on Notarial Practice
IMPARTIALITY
The principle of cold neutrality means that while a judge should possess
A notary public is empowered to perform the following notarial acts: proficiency in law in order that he can competently construe and enforce
a) Acknowledgments; the law, it is more important that he should act and behave in such a
b) oaths and affirmations; manner that the parties before him should have confidence in his
c) Jurats; impartiality.
d) signature witnessings;
e) copy certifications; and
f) any other act authorized by these Rules.
PROPRIETY
Even the mere appearance of impropriety is prohibited.
A Notarial Register is a permanently bound book with numbered pages
containing a chronological record of notarial acts performed by a notary
EQUALITY
public. Rule II, Sec. 5, 2004 Rules on Notarial Practice
A judge must be able to render substantial justice and maintain public
A notary public shall keep only one active notarial register at any given confidence in the judicial system, by being aware of the diversity in society.
time. With that awareness, a judge should not yield to first impression, reach
hasty conclusions or prejudge matters.

2
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
COMPETENCE AND DILIGENCE The Supreme Court shall have the administrative supervision over all
The Code of Judicial Conduct enjoins judges to be faithful to the law and courts and the personnel Sec. 6, Art. VIII, 1987 Constitution.
maintain professional competence. Justices of the Supreme Court in order to be disbarred must first be
impeached in accordance with the Constitution.
As a general rule, Section 1 of Rule 137 provides that a judge is mandated Any of the following sanctions may be imposed upon judges guilty of a
by law to be disqualified under any of the following instances: serious charge:
● The judge, or his wife, or child is pecuniarily interested as heir, ● Dismissal from the service;
legatee, or creditor ● Suspension from office without salary and other benefits for more
● The judge is related to either party of the case within the sixth than three (3) but not exceeding six (6) months; or
degree of consanguinity or affinity, or to the counsel within the fourth ● A fine not more than P20,000 but not exceeding P40,000.
degree (computed according to the rule of civil law).
● The judge has been an executor, administrator, guardian, trustee or The following sanctions may be imposed upon judges found guilty of a less
counsel serious charge:
● The judge has presided in any inferior court when his ruling or ● Suspension from office without salary and other benefits for not less
decision is the subject of review than one (1) nor more than three (3) months; or
● A fine of more than P10,000.00 but not exceeding P20,000.00.
Inhibition or voluntary disqualification is an act when a judge personally (Sec. 11, Rule 140, Rules of Court)
prevents himself from taking cognizance of the case.
The Ethics Committee is tasked to investigate members of the Members
of the Supreme Court.

3
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

PRACTICAL EXERCISES

A. DEMAND LETTER

March 19, 2023

JUAN D. NAGBABAYAD
MENDIOLA ST., SAN MIGUEL, MANILA
RE: PAYMENT FOR LOAN OBTAINED ON MARCH 19, 2022

Dear JUAN D. NAGBABAYAD,

We are writing on behalf of our client, RICHARD U. CHENES, in the matter of the loan you obtained from him last March 19, 2022.

Records disclose that on March 19, 2022, you borrowed from Richard U. Chenes the amount of P20,000.00, allegedly for payment of your hospital bills; that the agreed
date of payment is on September 19, 2022, or six (6) months after the date of loan; and that 6 months had already lapsed from the said due date, and the loan was still
not yet settled.

We wish to inform you that your acts constitute violation of your contractual agreement on the loan obtained.

Accordingly, a demand is hereby made upon you to settle the amount of P20,000.00 and the corresponding interest of P7,200.00 within fifteen (15) days from the
receipt of this letter. Otherwise, we will be constrained to find recourse in the courts of law and file the necessary legal action against you to protect the interest of our
client.

We trust that you will give this matter your urgent attention.

Yours,
Atty. Scott D. Cruz

4
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

B. DEED OF SALE OF REAL PROPERTY AND DEED OF SALE OF PERSONAL PROPERTY

DEED OF SALE OF REGISTERED LAND

DEED OF SALE

KNOW ALL MEN BY THESE PRESENTS:

I, ANDRES H. DOMINGUEZ,
Filipino, single/married to, ELIZABETH C. DOMINGUEZ, of legal age, with residence and post-office address at 2, General Luna Street, Ibaba, Malabon

for and in consideration of the sum of five million PESOS (P5,000,000.00) Philippine currency, to me in hand paid by

JOSHUA G. SISON,
Filipino, of legal age, with residence and post-office address at 10, General Luna Street, Ibaba, Malabon, do hereby SELL, TRANSFER, and CONVEY,
absolutely and unconditionally, unto the said JOSHUA G. SISON, his heirs and assigns, that certain parcel (or parcels) of land, together with the buildings and
improvements thereon, situated in 22, Lourdes Street, Pulanglupa Uno, Las Piñas, and more particularly described as follows:

"A parcel of land identified as Lot 6738-L-B-3, Psd-275486-245788, being a portion of Lot 6738-L-1-B, Psd-11-007651, situated in 22, Lourdes Street,
Pulanglupa Uno, Las Piñas, containing an area of TWO HUNDRED SQUARE METER, mol. Covered by Transfer Certificate of Title No. T-211215
registered in the registry of Deeds, Las Piñas City.

of which I am the registered owner in fee simple in accordance with the Land Registration Act, my title thereto being evidenced by Transfer (or Original) Certificate of Title
No. 21437883 issued by the Register of Deeds of Las Piñas City.
It is hereby mutually agreed that the vendee shall bear all the expenses for the execution and registration of this deed of sale.
IN WITNESS WHEREOF, I have hereunto signed this deed of sale, this 19th day of March 2023, at the Malabon, Manila Philippines.

ANDRES H. DOMINGUEZ
(Vendor)

With my consent

ELIZABETH C. DOMINGUEZ
(Vendors wife)

SIGNED IN THE PRESENCE OF:

VICTOR B. CRUZ WENDY G. SY

(ACKNOWLEDGMENT)

SALE OF PERSONAL PROPERTY

BILL OF SALE

KNOW ALL MEN BY THESE PRESENTS:

I, LUIGI S. MALVAR, of legal age, residing at 1258 Cardona Street, Makati, for and in consideration of the sum of Eight Hundred Thousand PESOS
(P800,000.00) Philippine currency, to me paid by JAMES C. BOND, also of legal age and residing at 22, Lourdes Street, Pulanglupa Uno, Las Piñas, receipt whereof is
hereby acknowledged, do hereby SELL and CONVEY unto the said JAMES C. BOND his heirs and assigns, he following described personal property:

BODY TYPE: FORD EVEREST

MOTOR NO.:134279
PLATE NO.:CVR-153
CHASSIS NO.: EVER-9648448-CMV
FILE NO.:0412-081339

5
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
MAKE/MODEL: 2020

I further covenant with the said JAMES C. BOND that I own, and have the right to sell and transfer the title and ownership of above-described property, and I
will defend the same against the claims of any and all persons whatsoever.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of March 2023, in Las Pinas City, Philippines.

LUIGI S. MALVAR____
(Vendor)

WITNESSES:
DANIEL B. ONG MARIA DE VERA

(ACKNOWLEDGMENT)

6
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

C. CONTRACT OF LEASE

CONTRACT OF LEASE

I MICKEY D. DAGA, of legal age, single, with residence and post-office address at Vista Heights Legarda, Quiapo, Manila, for and in consideration of the
agreements hereinafter mentioned, do hereby LEASE unto MINIE D. SO, of legal age, single, with residence and post-office address at 22, Lourdes Street,
Pulanglupa Uno, Las Piñas, that certain condominium unit, situated at 526 Vista Heights Legarda, Quiapo, Manila and more particularly described as follows:

Unit 505, Vista Heights Legarda Condominium

526 Legarda Street, Quiapo, Manila
21 square meters

of which I am the registered owner.

That the term of this lease is one (1) year, from and after the execution of this contract of lease, renewable at the will of both parties;

And I, MINIE D. SO, for and in consideration of this contract of lease, do hereby bind myself and promise to pay or cause to be paid unto the said lessor,
MICKEY D. DAGA, at the latter’s residence, a monthly rental of Twenty Thousand PESOS (P20,000.00) during the period of this lease, payable in advance during the
first five days of each and every month;

And it is hereby stipulated: That the lessee shall have no right to sublease the above premises without the written consent of the lessor; that the water, light,
gas, and telephone charges in said premises shall be for the account of the lessee; that all ordinary expenses incurred or that may arise in the daily use of the toilet
facilities and sewers in the premises shall be for the account of the lessee; and that any improvements made by the lessee in the above premises, and existing at the
termination of the lease, shall remain as the property of the lessor, without right to reimbursement to the lessee of the cost or value thereof.

IN WITNESS WHEREOF, the parties hereto have set their hands this 19th day March of 2023 in Quiapo, Manila Philippines.

MICKEY D. DAGA MINIE D. SO

(Lessor) (Lessee)

WITNESSES:
DANIEL B. ONG MARIA DE VERA

(ACKNOWLEDGMENT)

7
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

D. SPECIAL POWER OF ATTORNEY

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, KARREN S. VARGAS of legal age, single, with residence at 1258 Cardona Street, Makati, do hereby appoint, name and constitute MARCO V. ARELLANO
likewise of legal age, single, with residence at 1258 Cardona Street, Makati, who is related to me and/or is my next-of-kin, and is not a lawyer, as my true and legal
representative to act for and in my name and stead and to represent me during the hearing of Civil Case No. 234567, to enter into amicable settlement, to submit to
alternative modes of dispute resolution and to make admissions or stipulations of facts and documents without further consultation from me.

I hereby grant my representative full power and authority to execute and perform every act necessary to render effective the power to compromise as though
I myself have so performed it and hereby approving all that he may do by virtue of these presents.

IN WITNESS WHEREOF, I hereunto set my hand this 19th day of March 2023 at Manila, Philippines

KARREN S. VARGAS
Principal

MARCO V. ARELLANO
Agent

WITNESSES:
DANIEL B. ONG MARIA DE VERA

(ACKNOWLEDGEMENT)

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

E. VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

VERIFICATION
AND
CERTIFICATION OF NON-FORUM SHOPPING

I, JACK D. RUSSEL, of legal age, Filipino, married, and a resident of 108 Limasawa St., Magallanes Village Makati City, on oath state the following:

1. That I have caused the preparation of this Amended Petition For Reconstitution Of Transfer Certificate Of Title And Re-Issuance Of Owner's Duplicate Copy
and have read and understood its contents which are true and correct of my own personal knowledge and based on true records in my possession; that this
pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation and that the factual allegations therein have evidentiary
support or, if specifically so identified, will likewise have evidentiary support after a reasonable opportunity for discovery;
2. That I have not commenced any action or proceeding involving the same issue that is pending in the Supreme Court, the Court of Appeals or any other
tribunal or agency;
3. If I should learn thereafter that a similar action or proceeding has been filed or is pending before these courts or tribunal or agency, I undertake to report that
fact to this Honorable Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this March 18, 2023.

__________________
JACK D. RUSSEL
Affiant

SUBSCRIBED AND SWORN to before me, in Quezon City, on March 19, 2023, by JACK D. RUSSEL, showing his competent proof of identity, to wit:

I.D.: Driver's license

I.D. No.: N03-90-109673
Valid until: 11/23/2023

Doc. No.
Page No.
Book No.
Series of 2023

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

F. JUDICIAL AFFIDAVIT

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION

JUNTWO DOMINGO,
SABADO
Plaintiff
CIVIL CASE NO. ______
- versus - For: Judicial Partition of Real Estate

MR. JUNE DOMINGO,

SABADO
Defendant .
x---------------------------------x

JUDICIAL AFFIDAVIT
OF
JUNTWO DOMINGO SABADO

This Judicial Affidavit of Juntwo Domingo Sabado is executed to serve his direct testimony in the instant case.

PRELIMINARY STATEMENT

The person examining me is Atty. Donny C. Pangilinan, with office address at Pangilinan Law Firm, No. 18 Laurel Street, Xavierville III, Loyola Heights,
Quezon City and this examination is being had at the said address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for
false testimony and perjury.

PURPOSE: This judicial affidavit of plaintiff Juntwo Domingo Sabado is being offered to prove:

1. The identity and legal right of the Plaintiff in this case and as co-owner of a parcel of land covered by TCT No. 1111 (the “Property”) located in Sampaloc,
Metro Manila;
2. The fact that Plaintiff has the right to compel judicial partition of the Property as one of its co-owners; and
3. The technical description of the Property prior to partitioning and the provisional technical descriptions of the two (2) lots after partitioning that will indicate the
respective shares of the parties herein;

I, Juntwo Domingo Sabado, Filipino, married, and a resident of 11 San Lorenzo Village, San Joaquin, Pasig City, under oath depose and say the following:

1. Q. Please state your name and other personal circumstances.

A. I am Juntwo Domingo Sabado, of legal age, married to May Sabado and a Filipino citizen. I am currently residing at 11 San Lorenzo Village, San Joaquin,
Pasig City.

2. Q. Do you know why you are here?

A. Yes, to give a sworn statement by way of a judicial affidavit which will constitute as my direct testimony in this case.

3. Q. Please state the name and address of the lawyer who is now conducting and supervising your examination and the place where the examination is being
held now.

A. My legal counsel for this case is the Pangilinan Law Firm and this question-answer session is being conducted by Atty. Donny C. Pangilinan, at its law
office (Pangilinan Law Firm) located at No. 18 Laurel Street, Xavierville III, Loyola Heights, Quezon City.

4. Q. In what language do you want your examination to be conducted?

A. English language.

5. Q. Do you undertake to answer the questions to be asked of you, fully conscious that you will do so under oath, and that you may face criminal liability for
false testimony or perjury?

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

A. Yes.

6. Q. Let us now proceed to your Complaint for Judicial Partition of Real Estate. Do you know the defendant Mr. June Domingo Sabado?

A. Yes. June Domingo Sabado is my brother.

7. Q. Why are you testifying in this case?

A. I am testifying in this case as the plaintiff for a judicial partition of real property where I shall get one-half of the property and my brother, the other half.

8. Q. Are you familiar with the real property subject matter of this case?

A. Yes. The real property is a parcel of land located in Sampaloc, Metro Manila.

9. Q. What is your relation to the subject property in this case?

A. I am a co-owner of the Property.

10. Q. Do you have proof that you are a co-owner of the subject property?

A. Yes. I have a copy of Transfer Certificate Title No. 1111 where my name is indicated therein as one of the registered co-owners and my brother’s, June
Domingo Sabado, name as the other co-owner.

11. Q. What is the relation of the land covered by TCT No. 1111 located in the Municipality of Sampaloc to the Property?

A. It is the same property.

12. Q. What is the relation of the defendant Mr. June Domingo Sabado to the Property in this case?

A. He is also a co-owner.

13. Q. What reliefs do you now seek before the trial court?

A. I filed this action to seek the issuance of a decision ordering the partitioning of the Property and to award Lot No. 1 to the Defendant and Lot No. 2 to
me, with their respective provisional technical descriptions done by Geodetic Engineer Robi C. Alberto.

14. Q. What documents do you wish to submit before the trial court as your evidence?

A. I, together with my counsel, manifest to the court that I, as plaintiff, am adopting the following exhibits, to wit:

1. Exhibit “A” to “A-2”, the Transfer Certificate of Title (TCT) No. 1111, containing technical description of the subject property prior to partition, to
prove my being a co-owner thereof and its existence;

2. Exhibit “B”, survey map showing the location of the subject property, consisting of one (1) page and prepared by Engineer Robi Alberto;

3. Exhibit “B-1”, Technical Descriptions of Lot 1, done by Engineer Robi Alberto which will be awarded to Defendant June Domingo Sabado as his
one-half share of the Property; and

4. Exhibit “B-2”, Technical Descriptions of Lot 2, done by Engineer Robi Alberto which will be awarded to me, Plaintiff Junetwo Domingo Sabado, as
my one-half share of the Property

5. Exhibit “C” to “C-3”, Tax Declaration No. ; Tax Declaration No. XXX, and Tax Declaration No. XXXXX, consisting of three (3) pages;

6. Exhibit “D” Tax Clearance pertinent to the Property to prove that real taxes thereof are updated as of the date of filing of this case;

15. Q: Are you fully conscious that the answers you gave in response to my questions are under oath, and that you may face criminal liability for false testimony
or perjury?

A: Yes, sir.

11
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

Nothing follows.

IN WITNESS WHEREOF, I have hereunto set my hand this 8 th day of July 2022.

_________________________________
Junetwo Domingo Sabado
Affiant

SUBSCRIBED AND SWORN to before me, in Quezon City, on this 19th day of March, 2023 affiant JUNETWO DOMINGO SABADO showing me his
Driver’s License number NO2-92-268684 with expiry date of November 11, 2025.

Doc. No. ____

Page No. ____
Book No. ____
Series of 2022

SWORN ATTESTATION

The undersigned, ATTY. DONNY C. PANGILINAN, of legal age, Filipino and with postal office address for purposes of this case at c/o Ceballos Law Firm,
No. 18 Laurel Street, Xavierville III, Loyola Heights, Quezon City, under oath, deposes and states:

1. He is the legal counsel for the plaintiff in the above-entitled case;

2. He faithfully recorded the questions that were asked Mr. Manalaysay and the latter’s corresponding answers;
3. Neither he nor any other person then present or assisting him coached the witness regarding the latter’s answers; and
4. He conducted the examination of the witness at the above-mentioned address.

March 19, 2023, Quezon City

ATTY. DONNY C. PANGILINAN

Affiant

SUBSCRIBED AND SWORN to before me, in Quezon City, on March 19, 2023, affiant ATTY. DONNY C PANGILINAN, showing his competent proof of
identity, to wit:
I.D.: _____________________________
I.D. No.: __________________________
Valid until: ________________________

NOTARY PUBLIC

Doc. No. ____

Page No. ____
Book No. ____
Series of 2022

12
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

G. NOTARIAL CERTIFICATES

JURAT

SUBSCRIBED and sworn to before me, this 19th day of March, in the City of Manila, by ANTOINE B. DELA CRUZ with Passport No. 2345678904 issued on May 20,
2022 at Manila, Philippines.

ATTY. ANGEL D. AVENIDA

NOTARY PUBLIC for __________
Commission Serial No. _________
Until December 31, ___________
Roll of Attorney _____________
IBP No. ____/Date/Place of Issue
PTR No. ____/Date/Place of Issue

Doc. No. __________;

Page No. __________;
Book No. __________;
Series of __________

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S.S

ACKNOWLEDGEMENT

BEFORE ME, this 13th day of June, 2021, in the City of Manila, personally appeared John Lloyd dela Cruz with Passport No. EB12345 , issued on September 1, 2016
in DFA Manila, known to me to be the same person who executed the foregoing instrument and acknowledged that the same are their free act and deed.

IN WITNESS WHEREOF, I set unto my hand and seal on the date and place above written.

ATTY. ANGEL D. AVENIDA

NOTARY PUBLIC for __________
Commission Serial No. _________
Until December 31, ___________
Roll of Attorney _____________
IBP No. ____/Date/Place of Issue
PTR No. ____/Date/Place of Issue

Doc. No. __________;

Page No. __________;
Book No. __________;
Series of __________.

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

H. MOTIONS

MOTION BY PLAINTIFF OR SUMMARY JUDGMENT

(Caption and Title)

PLAINTIFF thru counsel and unto this Honorable Court, respectfully avers:

1. That this is an action for (state type of action) for which an answer has already been made;
2. That the pleadings on file show that there is no genuine issue as to any material fact averred in the complaint;
3. That in par. xxx of the Answer filed by defendant, it is alleged that the only issue in this case is one of law;
4. That plaintiff, in support of this motion, hereby further files the attached affidavits, marked Exhs. “A,” “B,” etc. made out of the personal knowledge of the affiants
and who are competent to testify to all matters stated therein.

WHEREFORE, it is respectfully prayed that a judgment be rendered forthwith upon the whole case, or if judgment cannot be rendered for all the relief sought
herein, then let an order be issued specifying what are the material facts which appear without substantial controversy, and the facts so specified be deemed
established without trial.

(Venue, date, signature)

MOTION TO DISMISS

(Caption and Title)

Defendant thru counsel, respectfully moves this Honorable Court to dismiss the plaintiffs complaint on the following grounds:

1. The claim set forth in the plaintiffs complaint has been released;

2. Said claim or demand is unenforceable under the provisions of the Statute of Frauds.

ARGUMENTS

A. THE CLAIM OR DEMAND SET FORTH IN THE PLAINTIFF’S COMPLAINT HAS BEEN RELEASED.

(Here state the reasons to support the first ground.)

B. THE SAID CLAIM OR DEMAND IS UNENFORCEABLE UNDER THE PROVISIONS OF THE STATUTE OF FRAUDS.

(Here state the reasons to support the second ground.)

PRAYER

WHEREFORE, in view of the foregoing, defendant prays that plaintiffs complaint be dismissed, with costs against the plaintiff.

(Venue, date, signature)

EXPLANATION AS TO SERVICE

Copy of this Motion to Dismiss was served the counsel for plaintiff thru registered mail. Personal service cannot be effected due to lack of manpower, as well as
distance and time constraints.

(Attorney’s signature)

Copy furnished: Counsel for plaintiff

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

Republic of the Philippines

REGIONAL TRIAL COURT
Third Judicial Region
XXXXXXX
BRANCH XX

JUANA DELA CRUZ,

Plaintiffs,
Civil Case No. XXXXXX
-versus- For: Recovery of Ownership and Possession and for
Damages

JUAN DELA CRUZ,

Defendant.
X-----------------------------------X

MOTION TO DECLARE DEFENDANT IN DEFAULT

PLAINTIFFS, thru the undersigned counsel, unto this Honorable Court, most respectfully state that:

1. On February 14, 2023, the Complaint in this case was filed, through counsel, by the Plaintiffs;

2. On February 27, 2023 summons together with the copy of the complaint was served upon defendant per the Return of Service of the same date;

3. However, no responsive pleading has been filed by the defendant within the reglementary period;

4. Considering the failure of the defendant to file an Answer, pursuant to Sec. 3, Rule 9 of the Rules of Court, defendant should be declared in default;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court to Declare Defendant in Default and to allow the plaintiff to
present evidence ex-parte.

Other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for.

ATTY. ANGEL D. AVENIDA

Roll of Attorneys No. XXX
XXXXXXXXX
XXXXXXXXXXX

EXPLANATION

Copy of this motion was sent to the respondents by registered mail with return card due to distance involved and lack of personnel who will effect personal
service.

Copy furnished:

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

I. QUITCLAIMS IN LABOR CASES

Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT
Regional Office No. XXX
City of Dagupan, Province of Pangasinan

NATIVIDAD S. AREVALO
Complainant CASE NO. 1234567
- Versus -

DINAGPAPASAHOD CORPORATION Respondent

QUITCLAIM AND RELEASE
COMES NOW the undersigned complainant in the above entitled case before this Office, respectfully manifest:

That for in consideration of the sum of One Million Pesos (P 1,000,000.00) in settlement of my claim, receipt of which is hereby acknowledge to my complete
and full satisfaction. I hereby release and discharge the DINAGPAPASAHOD CORPORATION and / or its officer, from any and all by way of unpaid wages, separation
pay, overtime pay, differential pay or otherwise as may be due me incident to my past employment with said establishment. I hereby state further that I have no more
claim or cause of action of whatever nature whether past, present or contingent against the said DINAGPAPASAHOD CORPORATION and/or its officer.
In view hereof, I hereby move for dismissal of the above entitled case and further request that the same be dropped from the business calendar of this office.

IN WITNESS WHEREOF, I hereunto set my hand this 21 st day of March 2023 at Pangasinan Philippines.

NATIVIDAD S. AREVALO
Complainant

PAID IN THE PRESENCE OF:

DANIEL B. ONG MARIA DE VERA

SUBSCRIBED and SWORN TO before me this 21 st day of March 2023 at Pangasinan, Philippines, affiant exhibiting to me her SSS ID with ID No.
23456789098765 issued by the Social Security System, as competent evidence of her identity, and she personally acknowledged to me that the foregoing “Petition” is
her free and voluntary act and deed.

ATTY. ANGEL D. AVENIDA

Notary Public
Commission Serial No. _________
Until December 31, ___________
Roll of Attorney _____________
IBP No. ____/Date/Place of Issue
PTR No. ____/Date/Place of Issue

Doc No. _____;

Page No. _____;
Book No. _____;
Series of 2017.

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)

J. INFORMATION IN CRIMINAL CASES

Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial
Region Branch 1
Manila

Criminal Case No. 2023-31443

For: MURDER

PEOPLE OF THE PHILIPPINES, Plaintiff,

- versus -

MANUELITO D. ACUSADO, Accused.

x ------------------------------------- x

INFORMATION

The undersigned Assistant City Prosecutor, upon sworn complaint originally filed by the offended party, accuses MANUELITO D. ACUSADO of the crime of
MURDER, committed as follows:

That on or about five in the afternoon, in the City of Dagupan, Philippines, within the jurisdiction of this court, the said accused, did then and
there, with malice aforestated and with deliberate intent to take the life of ASHLEY I. NABIKTIMA willfully, unlawfully, feloniously, suddenly, unexpectedly,
and treacherously, attack the latter with a knife, first wounding him in the chest, and afterwards, when enfeebled and unable to defend himself, again in the
stomach, both wounds being necessarily mortal, thereby causing the direct and immediate death of said Ashlet I. Nabiktima.

City of Dagupan, Pangasinan, Philippines.

Contrary to law.

CERTIFICATION OF PRELIMINARY INVESTIGATION/OR CONDUCT OF INQUEST

SUBSCRIBED AND SWORN to before me this 19 day of March 2023, in the City of Dagupan.

(Sgd.) PROSEC. VICTORIA S. PURISIMA

Assistant City Prosecutor

Approved:
(Sgd.) PROSEC. MARITES F. CRUZ
City Prosecutor

WITNESSES:
(Sgd.) DANIEL B. ONG
22, Lourdes Street, Pulanglupa Uno,
Las Piñas

(Sgd.) MARIA DE VERA

56, Maria Street, Pulanglupa Tres,
Las Piñas

BAIL RECOMMENDED: NOT RECOMMENDED

17