24 September 2023 PM: Remedial Law, Legal and Judicial Ethics and Other Practical Exercises 1

PART ONE: REMEDIAL LAW

I. General Principles

A. Substantive Law vs. Remedial Law (2006 BQ)

Substantive Law creates, defines or regulates rights concerning life, liberty or property. On
the other hand, Remedial Law prescribes the methods of enforcing those rights and
obligations created by substantive law.

Substantive Law creates vested rights while Remedial Law does not.

Substantive Law is generally prospective in application. Whereas, Remedial Law may be

applied retroactively.

B. Rule-Making Power of the Supreme Court

The SC has the power to promulgate rules concerning:
1. The protection and enforcement of constitutional rights;
2. Pleading, practice, and procedure in all courts;
3. The admission to the practice of law; (6 Ps)
4. The integrated bar; and
5. Legal assistance to the underprivileged (Art. VIII, Sec. 5)

C. Principle of Judicial Hierarchy

The doctrine of hierarchy of courts requires that recourse must first be obtained from lower
courts sharing concurrent jurisdiction with a higher court (PBOAP vs. DOLE, G.R. No. 202275
July 17, 2018, J. Leonen) (2017 BQ)

D. Doctrine of Non-Interference/Judicial Stability

Under the doctrine of judicial stability or noninterference in the judgments of a coequal
court, the various trial courts of a province or city, having the same equal authority, should
not, cannot, and are not permitted to interfere with their respective cases. No court can
interfere by injunction with the judgments or orders of another court of concurrent
jurisdiction having the power to grant the relief sought by the injunction. (Dichaves vs. Office
of the Ombudsman, G.R. Nos. 206310-11 December 7, 2016)

II. Jurisdiction
A. Classification of Jurisdiction
1. Original vs. Appellate
Original - Courts exercising jurisdiction in the first instance
Appellate - Superior courts reviewing and deciding cases previously decided by a lower court

2. General vs. Special

General - Those with competence to decide on their own jurisdiction and to take cognizance of all cases, civil
and criminal, of a particular nature.
Special - Those which have only a special jurisdiction for a particular purpose for the
performance of specified duties beyond which they have no authority of any kind.
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3. Exclusive vs. Concurrent

B. Doctrines of Hierarchy of Courts and Adherence of Jurisdiction
C. Jurisdiction of Various Philippine Courts and Tribunals
1. Supreme Court
2. Court of Appeals
3. Court of Tax Appeals
4. Sandiganbayan
5. Regional Trial Courts
6. Family Courts
7. Metropolitan Trial Courts, Municipal Trial Courts, 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)
D. Aspects of Jurisdiction
1. Jurisdiction Over the Subject Matter
2. Jurisdiction Over the Parties
3. Jurisdiction Over the Issues
4. Jurisdiction Over the Res or the Property in Litigation
E. Jurisdiction vs. Exercise of Jurisdiction
F. Jurisdiction vs. Venue
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)

III. Civil Procedure (A.M. No. 19-10-20-SC)

A. General Provisions (Rule 1)
B. Kinds of Action
1. In Rem
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2. In Personam- can be enforced only against the defendant therein

a) action for injunction (Dial Corp. v. Soriano, G.R. No. 82330, 31 May 1988) 2009 bar

3. Quasi In Rem
C. Cause of Action (Rule 2)
D. Parties to Civil Actions (Rule 3)
E. Venue (Rule 4)

F. Pleadings
1. Kinds (Rule 6)
2. Parts of a Pleading (Rule 7)
3. Manner of Making Allegations (Rule 8)
a) In General
b) Action or Defense Based on Document
c) Specific Denial
d) Affirmative Defenses
4. Effect of Failure to Plead (Rule 9)
5. Amended and Supplemental Pleadings (Rule 10)
6. When to File Responsive Pleadings (Rule 11)
G. Filing and Service (Rule 13)
1. Rules on Payment of Docket Fees; Effect of Non-Payment
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)
H. Summons (Rule 14)
1. Nature and Purpose of Summons in Relation to Actions In Personam, In
Rem, and Quasi In Rem
2. Who May Serve Summons
3. Validity of Summons and Issuance of Alias Summons
4. Personal Service
5. Substituted Service
6. Constructive Service
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7. Extraterritorial Service
8. Proof of Service
I. Motions (Rule 15)
1. In General
2. Non-litigious Motions
3. Litigious Motions
4. Prohibited Motions
5. Motion for Bill of Particulars (Rule 12)
J. Dismissal of Actions (Rule 17)
1. With Prejudice vs. Without Prejudice
2. Dismissals Which Have an Effect of an Adjudication on the Merits
K. Pre-Trial (Rule 18)
1. Nature and Purpose
2. Appearance of Parties; Effects of Failure to Appear
3. Pre-Trial Brief; Effect of Failure to File
L. Intervention (Rule 19)
M. Subpoena (Rule 21)
N. Computation of Time (Rule 22)
O. Modes of Discovery
1. Depositions (Rules 23 and 24, See People v. Sergio, G.R. No.
240053, October 9, 2019)
2. Interrogatories to Parties (Rule 25)
3. Admission by Adverse Party (Rule 26)
4. Production or Inspection of Documents or Things (Rule 27)
5. Physical and Mental Examination of Persons (Rule 28)
6. Refusal to Comply with Modes of Discovery (Rule 29)
P. Trial (Rule 30)
1. Schedule of Trial
2. Adjournments and Postponements
3. Requisites of Motion to Postpone Trial for Illness of Party or Counsel
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Q. Consolidation or Severance (Rule 31)

R. Demurrer to Evidence (Rule 33)
1. Grounds
2. Effect of Order Denying Demurrer to Evidence
S. Judgments and Final Orders
1. Judgments on the Pleadings (Rule 34)
a) Grounds
b) Action on Motion for Judgment on the Pleadings
2. Summary Judgments (Rule 35)
a) Effect of Order Denying a Motion for Summary Judgment
3. Rendition and Entry of Judgments and Final Orders (Rule 36)
T. Post-Judgment Remedies
1. Motion for New Trial or Reconsideration (Rule 37)
a) Remedy Against Denial
b) Fresh-Period Rule
2. Appeals
a) Nature of Right to Appeal
b) Judgments and Final Orders Subject to Appeal
c) Matters Not Appealable; Available Remedies
d) Doctrine of Finality/Immutability of Judgment
e) Modes of Appeal (Period, Perfection, Issues to be Raised)
(1) Appeal from Municipal Trial Courts to Regional Trial Courts (Rule 40)
(2) Appeal from the Regional Trial Courts (Rule 41)
(3) Petition for Review form the Regional Trial Court to the Court of Appeals
(Rule 42)
(4) Appeals from the Court of Tax Appeals, Civil Service
Commission, and Quasi-Judicial Agencies (Rule 43)
(5) Appeals by Certiorari to the Supreme Court (Rule 45)
(6) Review of Judgments or Final Orders of the Commission on Audit and
Commission on Elections (Rule 64)
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(7) Dismissal, Reinstatement, and Withdrawal of Appeal

3. Petition for Relief from Judgment (Rule 38)
4. Annulment of Judgment (Rule 47)
5. Collateral Attack on Judgments
U. Execution, Satisfaction, and Effect of Judgments (Rule 39)
IV. Provisional Remedies
A. Nature, Purpose, and Jurisdiction Over Provisional Remedies
B. Preliminary Attachment (Rule 57)
C. Preliminary Injunction (Rule 58)
D. Receivership (Rule 59)
E. Replevin (Rule 60)
V. Special Civil Actions
A. Jurisdiction and Venue
B. Interpleader (Rule 62)
C. Declaratory Relief and Similar Remedies (Rule 63)
D. Certiorari, Prohibition, and Mandamus (Rule 65)
1. Definition and Distinctions
2. Requisites, When, and Where to File
3. Exceptions to Filing of Motion for Reconsideration Before Filing Petition
E. Quo Warranto (Rule 66)
F. Expropriation (Rule 67; See also Guidelines for Expropriation Proceedings
of National Government Infrastructure Projects, Sec. 4, RA 8974)
1. Two Stages in Every Action for Expropriation
2. Order of Expropriation
3. Ascertainment of Just Compensation
4. Rights of Plaintiff Upon Judgment and Payment
G. Foreclosure of Real Estate Mortgage (Rule 68)
1. Judicial Foreclosure
2. Extrajudicial Foreclosure (Act No. 3135, as amended)
3. The General Banking Law of 2000 (Sec. 47, RA 8791)
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H. Partition (Rule 69)

I. Forcible Entry and Unlawful Detainer (Rule 70)
1. Differentiated from Accion Publiciana and Accion Reivindicatoria
J. Contempt (Rule 71)
VI. Special Proceedings and Special Writs
A. Settlement of Estate of Deceased Persons
1. Venue and Process (Rule 73)
2. Summary Settlement of Estates (Rule 74)
3. Allowance or Disallowance of Wills (Rule 76)
4. Claims Against the Estate (Rule 86)
5. Payment of the Debts of the Estate (Rule 88)
6. Sales, Mortgages, and Other Encumbrances of Property of Decedent (Rule
89)
7. Distribution and Partition (Rule 90)
B. Guardianship
1. Venue (Rule 92)
2. Appointment of Guardians (Rule 93)
3. General Powers and Duties of Guardians (Rule 96)
4. Termination of Guardianship (Rule 97)
C. Writ of Habeas Corpus (Rule 102)
1. Writ of Habeas Corpus in Relation to Custody of Minors (A.M. No. 03-04-
04-SC)
D. Change of Name (Rule 103)
E. Cancellation of Correction of Entries in the Civil Registry (Rule 108)
F. Clerical Error Law (RA No. 9048, as amended by RA 10172)
G. Writ of Amparo (A.M. No. 07-9-12-SC)
H. Writ of Habeas Data (A.M. No. 08-1-16-SC)
I. Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)
1. Temporary Environmental Protection Order (TEPO)
2. Writ of Continuing Mandamus
24 September 2023 PM: Remedial Law, Legal and Judicial Ethics and Other Practical Exercises 8

3. Writ of Kalikasan
VII. Criminal Procedure
A. General Concepts
1. Criminal Jurisdiction; Concept and Requisites for Exercise
2. When Injunction May be Filed
B. Prosecution of Offenses (Rule 110)
C. Prosecution of Civil Action (Rule 111)
D. Preliminary Investigation (Rule 112)
1. Executive vs. Judicial Determination of Probable Cause
E. Arrest (Rule 113)
1. Arrest Without Warrant, When Lawful
2. Requisites of a Valid Warrant of Arrest
3. Determination of Probable Cause for Issuance of Warrant of Arrest
F. Bail (Rule 114)
1. Nature
2. When a Matter of Right; Exceptions
3. When a Matter of Discretion
G. Arraignment and Plea (Rule 116)
1. Searching Inquiry (See People v. Pagal, G.R. No. 241257, September 29,
2020)
2. Improvident Plea
H. Motion to Quash (Rule 117)
1. Grounds
2. Double Jeopardy
3. Provisional Dismissal
I. Pre-Trial (Rule 118)
1. Pre-Trial Agreement
2. Non-Appearance During Pre-Trial
3. Pre-Trial Order
J. Trial (Rule 119)
24 September 2023 PM: Remedial Law, Legal and Judicial Ethics and Other Practical Exercises 9

1. Trial In Absentia
2. Examination of Witness for the Prosecution (See People v. Sergio, G.R. No.
240053, October 9, 2019)
3. Requisites for Discharge of Accused to Become a State Witness
4. Effects of Discharge of Accused as State Witness
5. Demurrer to Evidence
6. Revised Guidelines on Continuous Trial (A.M. No. 15-06-10-SC)
K. Judgment (Rule 120)
1. Promulgation of Judgment
L. New Trial or Reconsideration (Rule 121)
M. Appeal (Rule 122)
N. Search and Seizure (Rule 126)
O. Provisional Remedies in Criminal Cases (Rule 127)
P. The Rule on Cybercrime Warrants (Section 2 of A.M. No. 17-11-03-SC only)
VIII. Evidence (A.M. No. 19-08-15-SC)
A. General Concepts
1. Proof vs. Evidence
2. Burden of Proof vs. Burden of Evidence
3. Equipoise Rule
B. Admissibility of Evidence (Rule 128)
1. Requisites for Admissibility of Evidence
2. Relevance of Evidence and Collateral Matters
3. Multiple Admissibility
4. Conditional Admissibility
5. Curative Admissibility
6. Direct and Circumstantial Evidence
7. Positive and Negative Evidence
8. Competent and Credible Evidence
C. Judicial Notice and Judicial Admissions (Rule 129)
D. Object (Real) Evidence (Rule 130, A)
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1. Requisites
2. Exclusionary Rules
E. Documentary Evidence (Rule 130, B)
1. Definition
2. Original Document Rule
3. Secondary Evidence
4. Parol Evidence Rule
F. Testimonial Evidence (Rule 130, C)
1. Qualifications of Witnesses
2. Disqualifications of Witnesses
a) Disqualification by Reason of Marriage
b) Disqualification by Reason of Privileged Communications;
Rule on Third Parties
c) Parental and Filial Privilege Rule
d) Privilege Relating to Trade Secrets
3. Testimonial Privilege
4. Admissions and Confessions
5. Previous Conduct as Evidence
6. Testimonial Knowledge
7. Hearsay and Exceptions to the Hearsay Rule
8. Opinion Rule
9. Character Evidence
G. Burden of Proof and Presumptions (Rule 131)
H. Presentation of Evidence (Rule 132)
1. Examination of Witnesses
a) Rights and Obligations of a Witness
b) Leading and Misleading Questions
c) Impeachment of Witnesses
2. Authentication and Proof of Documents
a) Meaning of Authentication
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b) Classes of Documents
c) Authentication of a Private Writing
d) Public Documents as Evidence; Proof of Official Record
3. Offer and Objection
a) When to Make an Offer
b) When to Make an Objection
c) Tender of Excluded Evidence
I. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
J. Weight and Sufficiency of Evidence (Rule 133)
K. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)
PART TWO: LEGAL AND JUDICIAL ETHICS WITH PRACTICAL
EXERCISES
I. Legal Ethics
A. Practice of Law
1. Basic Concepts
a) Definition of the Practice of Law
b) Practice of Law as a Privilege, Not a Right
c) Law as a Profession, Not a Business or Trade
2. Qualifications for Admission to the Bar (Bar Matter No. 1153)
3. Continuing Requirements for Membership in the Bar
4. Appearance of Non-lawyers
a) Law Student Practice Rule (Rule 138-A, as amended by
A.M. No. 19-03-24-SC)
b) Non-lawyers in Courts and/or Administrative Tribunals
c) Proceedings Where Lawyers are Prohibited to Appear as
Counsels
5. Prohibited Practice of Non-lawyers and Appearance Without
Authority
6. Public Officials and the Practice of Law
a) Prohibitions and Disqualifications of Former Government Attorneys
24 September 2023 PM: Remedial Law, Legal and Judicial Ethics and Other Practical Exercises 12

b) Public Officials Who Cannot Practice Law or Can Practice Law with
Restrictions
7. Lawyers Authorized to Represent the Government
8. The Lawyer’s Oath
B. Duties and Responsibilities of a Lawyer Under the Code of Professional
Responsibility
1. To Society
2. To the Legal Profession
3. To the Courts
4. To the Clients
C. Suspension, Disbarment, and Discipline of Lawyers
1. Nature and Characteristics of Disciplinary Actions against Lawyers
2. Grounds
3. Proceedings (Rule 139-B of the Rules of Court, as amended)
D. Notarial Practice (A.M. No. 02-8-13-SC, as amended)
1. Qualifications of a Notary Public
2. Term of Office of a Notary Public
3. Powers and Limitations
4. Notarial Register
5. Jurisdiction of Notary Public and Place of Notarization
6. Competent Evidence of Identity
7. Sanctions
II. Judicial Ethics
A. Sources
1. New Code of Judicial Conduct for the Philippine Judiciary
2. Code of Judicial Conduct
B. Qualities
1. Independence
2. Integrity
3. Impartiality
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4. Propriety
5. Equality
6. Competence and Diligence
C. Disqualification of Judicial Officers
1. Compulsory
2. Voluntary
D. Discipline and Administrative Jurisdiction Over Members of the Judiciary
1. Supreme Court
a) Impeachment
2. Lower Court Judges and Justices
a) Sanctions Imposed by the Supreme Court on Erring
Members of the Judiciary
III. Practical Exercises
A. Demand Letter
B. Deed of Sale of Real Property and Deed of Sale of Personal Property
C. Contract of Lease
D. Special Power of Attorney
E. Verification and Certificate of Non-forum Shopping
F. Judicial Affidavit
G. Notarial Certificates
1. Jurat
2. Acknowledgment
H. Motions
1. Motion for Summary Judgment
2. Motion to Dismiss
3. Motion to Declare in Default
I. Quitclaims in Labor Cases
J. Information in Criminal Cases