Friday, January 29, 2016

RES GESTAE PRINCIPLE:

    Res gestae refers to statements made by the participants or the victims of, or the spectators to, a crime immediately before, during, or after its commission.  These statements are a spontaneous reaction or utterance inspired by the excitement of the occasion, without any opportunity for the declarant to fabricate a false statement.  An important consideration is whether there intervened, between the occurrence and the statement, any circumstance calculated to divert the mind and thus restore the mental balance of the declarant; and afford an opportunity for deliberation . For spontaneous statements to be admitted in evidence, the following must concur: 1) the principal act, the res gestae, is a startling occurrence; 2) the statements were made before the declarant had time to contrive or devise; and 3) the statements concerned the occurrence in question and its immediately attending circumstances. Here, Fallones’ act of forcing himself into Alice is a startling event.  And Amalia happened to be just outside his house when she heard Alice cry out “tama na, tama na!”  When Fallones opened the door upon Amalia’s incessant knocking, Alice came out from behind him, uttering “Amalia, may napkin na binigay si Romy o.”  The admissibility of Alice’s spontaneous statements rests on the valid assumption that they were spoken under circumstances where there had been no chance to contrive. It is difficult to lie in an excited state and the impulsiveness of the expression is a guaranty of trustworthiness (People  vs. Fallones [2011]).

Thursday, January 28, 2016

POLICE BLOTTERS:

   ALTHOUGH POLICE BLOTTERS ARE OF LITTLE PROBATIVE VALUE, THEY ARE NEVERTHELESS ADMISSIBLE AND CONSIDERED IN THE ABSENCE OF COMPETENT EVIDENCE TO REFUTE THE FACTS STATED THEREIN. Entries in police records made by a police officer in the performance of the duty especially enjoined by law are prima facie evidence of the fact therein stated, and their probative value may be either substantiated or nullified by other competent evidence. (MCMER CORPORATION, INC. VS. NATIONAL LABOR RELATIONS COMMISSION [2014]).

ADOPTIVE ADMISSION:

    AN ADOPTIVE ADMISSION IS A PARTY’S REACTION TO A STATEMENT OR ACTION BY ANOTHER PERSON WHEN IT IS REASONABLE TO TREAT THE PARTY’S REACTION AS AN ADMISSION OF SOMETHING STATED OR IMPLIED BY THE OTHER PERSON. Jones explains that the “basis for admissibility of admissions made vicariously is that arising from the ratification or adoption by the party of the statements which the other person had made.” To use the blunt language of Mueller and Kirkpatrick, “this process of attribution is not mumbo jumbo but common sense.” In the Angara Diary, the options of the petitioner started to dwindle when the armed forces withdrew its support from him as President and commander-in-chief.  Thus, Executive Secretary Angara had to ask Senate President Pimentel to advise petitioner to consider the option of “dignified exit or resignation.”  Petitioner did not object to the suggested option but simply said he could never leave the country.  Petitioner’s silence on this and other related suggestions can be taken as an admission by him. (Estrada vs.  Desierto [2001]).

Wednesday, January 27, 2016

MULTIPLE APPEALS ARE ALLOWED IN SPECIAL PROCEEDINGS, IN ACTIONS FOR PARTITION OF PROPERTY WITH ACCOUNTING, IN THE SPECIAL CIVIL ACTIONS OF EMINENT DOMAIN AND FORECLOSURE OF MORTGAGE:

    The rationale behind allowing more than one appeal in the same case is to enable the rest of the case to proceed in the event that a separate and distinct issue is resolved by the court and held to be final. (Marinduque Mining and Industrial Corporation vs. Court of Appeals [2008]).

THERE IS NO NEED TO FILE A MOTION FOR EXECUTION FOR AN AMPARO OR HABEAS CORPUS DECISION:

     Since the right to life, liberty and security of a person is at stake, the proceedings should not be delayed and execution of any decision thereon must be expedited as soon as possible since any form of delay, even for a day, may jeopardize the very rights that these writs seek to immediately protect. The Solicitor General’s argument that the Rules of Court supplement the Rule on the Writ of Amparo is misplaced.  The Rules of Court only find suppletory application in an amparo proceeding if the Rules strengthen, rather than weaken, the procedural efficacy of the writ.   As it is, the Rule dispenses with dilatory motions in view of the urgency in securing the life, liberty or security of the aggrieved party.  Suffice it to state that a motion for execution is inconsistent with the extraordinary and expeditious remedy being offered by an amparo proceeding.  In fine, the appellate court erred in ruling that its directive to immediately release Sherlyn, Karen and Merino was not automatically executory. For that would defeat the very purpose of having summary proceedings in amparo petitions.  Summary proceedings, it bears emphasis, are immediately executory without prejudice to further appeals that may be taken therefrom. (BOAC VS. CADAPAN [2011]).

Tuesday, January 26, 2016

PROBATE PROCEEDING:

   The authority of the probate court is limited to ascertaining whether the testator, being of sound mind, freely executed the will in accordance with the formalities prescribed by law. Thus, petitioner’s claim of title to the properties forming part of her husband’s estate should be settled in an ordinary action before the regular courts. (Nittscher vs. Dr. Nittscher [2007]).

HABEAS CORPUS IN CUSTODY CASES:

    Habeas corpus may be resorted to in cases where rightful custody is withheld from a person entitled thereto. Under Article 211 of the Family Code, respondent Loran and petitioner Marie Antonette have joint parental authority over their son and consequently joint custody. Further, although the couple is separated de facto, the issue of custody has yet to be adjudicated by the court. In the absence of a judicial grant of custody to one parent, both parents are still entitled to the custody of their child.

Monday, January 25, 2016

REAL PARTY-IN-INTEREST:

    No man shall be affected by any proceeding to which he is a stranger, and strangers to a case are not bound by any judgment rendered by the court.  In the same manner, a writ of execution can be issued only against a party and not against one who did not have his day in court.  Only real parties in interest in an action are bound by the judgment therein and by writs of execution issued pursuant thereto.

THE APPOINTMENT OF A RECEIVER BE DENIED, OR IF ALREADY APPOINTED, DISCHARGED FOR THE FOLLOWING REASONS:

    (i) When the opposing party makes it appear in an affidavit that the appointment was secured without sufficient cause; AND (ii) when the party opposing files a bond executed to the applicant in an amount fixed by the court.

Saturday, January 23, 2016

STIPULATION ON VENUE:

   The exclusive venue of Makati City, as stipulated by the parties and sanctioned by Section 4, Rule 4 of the Rules of Court, cannot be made to apply to the Petition for Extrajudicial Foreclosure filed by respondent bank because the provisions of Rule 4 pertain to venue of actions, which an extrajudicial foreclosure is not.

Thursday, January 21, 2016

THE PURPOSE OF A RECEIVERSHIP IS TO PROTECT AND PRESERVE THE RIGHTS OF THE PARTIES DURING THE PENDENCY OF THE MAIN ACTION:

      Receivership is also aimed at preservation of, and at making more secure, existing rights. It cannot be used as an instrument for the destruction of those rights.

IN GRANTING OR DISMISSING AN APPLICATION FOR A WRIT OF PRELIMINARY INJUNCTION, THE COURT MUST STATE IN ITS ORDER THE FINDINGS AND CONCLUSIONS BASED ON THE EVIDENCE AND THE LAW:

    This is to enable the appellate court to determine whether the trial court committed grave abuse of its discretion amounting to excess or lack of jurisdiction in resolving, one way or the other, the plea for injunctive relief. In the absence of proof of a legal right and the injury sustained by one who seeks an injunctive writ, an order for the issuance of a writ of preliminary injunction will be nullified. Thus, where the right of one who seeks an in junctive writ is doubtful or disputed, a preliminary injunction is not proper. The possibility of irreparable damage without proof of an actual existing right is not a ground for a preliminary injunction.

Wednesday, January 20, 2016

PROBATE OF A WILL:

    The Supreme Court, without unnecessarily ascertaining whether the obligation involved—the production of the original holographic will—is in the nature of a public or a private duty, ruled that the remedy of mandamus cannot be availed of by respondent because there lies another plain, speedy and adequate remedy in the ordinary course of law. Let it be noted that respondent has a photocopy of the will and that he seeks the production of the original for purposes of probate. The Rules of Court, however, does not prevent him from instituting probate proceedings for the allowance of the will whether the same is in his possession or not under Sections 1 to 5, Rule 76 of the Rules of Court. x x x Indeed, the grant of the writ of mandamus lies in the sound discretion of the court. There being a plain, speedy and adequate remedy in the ordinary course of law for the production of the subject will, the remedy of mandamus cannot be availed of.

REAL PARTY-IN-INTEREST:

    The 1997 Rules of Civil Procedure requires that every action must be prosecuted or defended in the name of the real party-in-interest, i.e., the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. (RULES OF COURT, Rule 3, Sec. 2).  A case is dismissible for lack of personality to sue upon proof that the plaintiff is not the real party-in-interest, hence grounded on failure to state a cause of action.

Tuesday, January 19, 2016

MOTION TO DISCHARGE A WRIT OF ATTACHMENT:

   UNENFORCEABILITY OF THE CONTRACT AND THE VERACITY OF PRIVATE RESPONDENT’S ALLEGATION OF FRAUD, PERTAIN TO THE MERITS OF THE MAIN ACTION. HENCE, THESE ISSUES ARE NOT TO BE TAKEN UP IN RESOLVING THE MOTION TO DISCHARGE, LEST WE RUN THE RISK OF DECIDING OR PREJUDGING THE MAIN CASE AND FORCE A TRIAL ON THE MERITS AT THIS STAGE OF THE PROCEEDINGS.

DOCTRINE OF IMMUTABILITY OF JUDGMENT:

 It is well-settled that a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the Highest Court of the land. This principle, commonly known as the doctrine of immutability of judgment, has a two-fold purpose, namely: (a) to avoid delay in the administration of justice and thus, procedurally, to make orderly the discharge of judicial business; and (b) to put an end to judicial controversies, at the risk of occasional errors, which is precisely why courts exist. Verily, it fosters the judicious perception that the rights and obligations of every litigant must not hang in suspense for an indefinite period of time. As such, it is not regarded as a mere technicality to be easily brushed aside, but rather, a matter of public policy which must be faithfully complied.

Monday, January 18, 2016

HIERARCHY OF EVIDENTIARY VALUES:

    IN THE HIERARCHY OF EVIDENTIARY VALUES, PROOF BEYOND REASONABLE DOUBT IS AT THE HIGHEST LEVEL, FOLLOWED BY CLEAR AND CONVINCING EVIDENCE, PREPONDERANCE OF EVIDENCE AND SUBSTANTIAL EVIDENCE, IN THAT ORDER.

Saturday, January 16, 2016

FRUITS OF THE POISONOUS TREE DOCTRINE:

   Otherwise known as the exclusionary rule or the fruit of the poisonous tree doctrine, this constitutional provision originated from Stonehill v. Diokno.  This rule prohibits the issuance of general warrants that encourage law enforcers to go on fishing expeditions. Evidence obtained through unlawful seizures should be excluded as evidence because it is “the only practical means of enforcing the constitutional injunction against unreasonable searches and seizures.” It ensures that the fundamental rights to one’s person, houses, papers, and effects are not lightly infringed upon and are upheld.

Friday, January 15, 2016

AFFIRMATIVE VS. NEGATIVE TESTIMONY:

    An affirmative testimony is far stronger than a negative testimony especially when the former comes from the mouth of a credible witness.  Denial, same as an alibi, if not substantiated by clear and convincing evidence, is negative and self-serving evidence undeserving of weight in law.  It is considered with suspicion and always received with caution, not only because it is inherently weak and unreliable but also because it is easily fabricated and concocted.

Thursday, January 14, 2016

EXTRA TERRITORIAL SERVICE:

    Under Section 15, Rule 14, it is apparent that there are only four instances wherein a defendant who is a non-resident and is not found in the country may be served with summons by extraterritorial service, to wit: (1) when the action affects the personal status of the plaintiffs; (2) when the action relates to, or the subject of which is property, within the Philippines, in which the defendant claims a lien or an interest, actual or contingent; (3) when the relief demanded in such action consists, wholly or in part, in excluding the defendant from any interest in property located in the Philippines; and (4) when the defendant non-resident's property has been attached within the Philippines.  In these instances, service of summons may be effected by (a) personal service out of the country, with leave of court; (b) publication, also with leave of court; or (c) any other manner the court may deem sufficient.

Wednesday, January 13, 2016

PERSONAL ACTION AND REAL ACTIONS:

    In a personal action, the plaintiff seeks the recovery of personal property, the enforcement of a contract, or the recovery of damages. Real actions, on the other hand, are those affecting title to or possession of real property, or interest therein.