1. GROUNDS FOR THE GRANTING OF SUPPORT PENDENTE LITE:

  a.       The necessities of the applicant;

              b.       The resources or means of the adverse party; and

              c.       The terms of payment or mode for providing the support

         d.       If denied, the principal case shall be tried and decided as early as possible (Section 4, Rule 61).

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ADDITIONAL VENUE IN THE APPLICATION FOR SEARCH WARRANT:

   In case of search warrants involving heinous crimes, illegal gambling, illegal possession of firearms and ammunitions as well as violations of the Comprehensive Dangerous Drugs Act of 2002, the Intellectual Property Code, the Anti- Money Laundering Act of 2001, the Tariff and Customs Code, the Executive Judges and, whenever they are on official leave of absence or are not physically present in the station, the Vice-Executive Judges of the RTC of Manila and Quezon City shall have authority to act on applications filed by the NBI, PNP and the Anti-Crime Task Force (ACTAF), Presidential Anti-Organized Crime Task Force (PAOC-TF), and the Reaction Against Crime Task Force (REACT-TF).

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DEPOSITION:

     there is really nothing objectionable, per se, with A PARTY availing of THE MODES OF DISCOVERY after OPPOSING PARTY has rested his case and prior to THE FORMER’S PRESENTATION of evidence. TO SET THE RECORDS STRAIGHT, depositions may be taken at any time after the institution of any action, whenever necessary or convenient.

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RES GESTAE:

   RES GESTAE:  Res gestae refers to the circumstances, facts, and declarations that grow out of the main fact and serve to illustrate its character and are so spontaneous and contemporaneous with the main fact as to exclude the idea of deliberation and fabrication.  The test of admissibility of evidence as a part  of  the res gestae  is,  therefore,  whether  the  act,  declaration,  or exclamation, is so interwoven or connected with the principal fact or event that it characterizes as to be regarded as a part of the transaction itself, and also whether it clearly negates any premeditation or purpose to manufacture testimony. 

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PART OF RES GESTAE:

    All that is required for the admissibility of a given statement as part of the res gestae, is that it be made under the influence of a startling event witnessed by the person who made the declaration before he had time to think and make up a story, or to concoct or contrive a falsehood, or to fabricate an account, and without any undue influence in obtaining it, aside from referring to the event in question or its immediate attending circumstances. In sum, there are three requisites to admit evidence as part of the res gestae: (1) that the principal act, the res gestae, be a startling occurrence; (2) the statements were made before the declarant had the time to contrive or devise a falsehood; and (3) that the statements must concern the occurrence in question and its immediate attending circumstances. Clearly, the statement made by the victim identifying his assailants was made immediately after a startling occurrence which is his being stabbed, precluding any chance to concoct a lie.

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