CUSTODIAL INTERROGATION:

     Custodial interrogation means any questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.

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HEARSAY:

     Section 36 of Rule 130 of the Rules of Court provides that witnesses can testify only with regard to facts of which they have personal knowledge; otherwise, their testimonies would be inadmissible for being hearsay Since the witnesses merely attested to the voluntariness and due execution of the respective extrajudicial confessions of the accused, insofar as the substance of those confessions is concerned, the testimonies of the police witnesses are mere hearsay.

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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, then by preponderance of evidence, and lastly by substantial evidence, in that order.

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FORECLOSURE AND WRIT OF POSSESSION:

 It is settled that questions regarding the validity of a mortgage or its foreclosure as well as the sale of the property covered by the mortgage cannot be raised as ground to deny the issuance of a writ of possession. Any such questions must be determined in a subsequent proceeding. x x x x  If the mortgagor failed to redeem the mortgage within the reglementary period, entitlement to the writ of possession becomes a matter of right and the issuance thereof is merely a ministerial function.

                         

          The judge to whom an application for a writ of possession is filed need not look into the validity of the mortgage or the manner of its foreclosure. Until the foreclosure sale is annulled, the issuance of the writ of possession is ministerial.  In fact, even during the period of redemption, the purchaser is entitled as of right to a writ of possession provided a bond is posted to indemnify the debtor in case the foreclosure sale is shown to have been conducted without complying with the requirements of the law. More so when, as in the present case, the redemption period has expired and ownership is vested in the purchaser.  x x x The defaulting mortgagor is not without any expedient remedy, however. For under Section 8 of Act 3135, as amended by Act 4118, it can file with the court which issues the writ of possession a petition for cancellation of the writ within 30 days after the purchaser-mortgagee was given possession.  IN FINE, it would be a grievous error for QC-RTC, Branch 77 to deny petitioners motion for the issuance of a writ of possession.

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SHARI’A DISTRICT COURTS:

     All cases involving disposition, distribution and settlement of the estate of deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property shall be under the exclusive original jurisdiction of the Shari’a District Courts.

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