1) The document provides mnemonics and summaries from Atty. Manuel Riguerra's Remedial Law book to help remember important concepts in special proceedings, criminal procedure, and evidence. 2) It covers topics like venue, probate of wills, claims against estates, actions by and against executors, distribution of estates, habeas corpus, amparo, change of name, adoption, preliminary investigation, and the jurisdiction of different courts. 3) Mnemonics and acronyms are provided to summarize important elements, parties, grounds, and procedures for each rule, like the qualifications for Filipinos and foreigners to become adopters, the contents needed for an application for writ of habeas corpus,

1. MNEMONICS FROM
ATTY. MANUEL
RIGUERRA’S REMEDIAL
LAW BOOKS (SIXTH
EDITION [2020])1
BOOK II – SPECIAL PROCEEDINGS,
CRIMINAL PROCEDURE, AND
EVIDENCE
Compiled by: Ace Quebal
SPECIAL PROCEEDINGS
Rule 73 - Venue
1) Who is an administrator (BIRNI) – Person
appointed by the court when; p.13:
1. Executor fails to give bond
2. Intestate
3. Refuses the trust
4. No executor was named in the will
5. Incompetent executor
1
With minor modifications for convenience and brevity
RULE 75 – PRODUCTION OF WILL;
ALLOWANCE OF WILL NECESSARY
2) Judicial proceedings for the settlement of estate
of a deceased person (INA LC PDC); p.29
1. Initiatory pleading
2. Notice of hearing 1x3 publication
3. Allowance/disallowance of the will
(probate proper)
4. Letters testamentary/administration
issuance
5. Claims against estate filing and approval
6. Payment of debts, taxes, etc
7. Determination of heirs and distribution
8. Closure
Rule 76 – Allowance of disallowance of
will
3) Who may petition for the allowance of a will?
(LIED T); p.35
1. Legatee
2. Interested in the estate
3. Executor
4. Devisee
5. Testator himself during his lifetime
4) Contents of a petition for the allowance of a will
(JuN VaLeC); p 35
1. Jurisdictional facts
2. Names, ages, residence of heirs, legatees,
devisees
3. Probable Value and character of the
property of the estate
4. Name of the person for whom letters are
prayed
5. If the will has not been delivered to the
court, the name of the will’s custodian
5) Jurisdictional facts required to be alleged in the
petition for probate of a will (RED Value); p.36
1. For resident decedent: Residence
2. For non-resident decedent: He left an
Estate
3. That a person Died leaving a will
4. Gross VALUE of the estate
6) Grounds for the disallowance of a will (EDIFUMI);
P.44
1. Not Executed and attested as required by
law
2. Duress, influences of fear or threats
3. Insanity or incapability of making a will
4. Fraud in procuring the signature of
testator
5. Undue pressure or influence on the part
of the beneficiary or other person for his
benefit
6. Mistake
7. Testator did not Intend that the
instrument he signed should be his will at
the time of fixing his signature thereto
Rule 78 – Letters testamentary and of
administration – when and to whom
issued

2. 7) Who are incompetent to serve as executors or
administrators (MNC); p.55
1. Minor
2. Non-resident
3. Court’s opinion, unfit due to: (CWID)
i. Conviction of an offense involving
moral turpitude
ii. Want of understanding or integrity
iii. Improvidence
iv. Drunkenness
8) To whom shall letters of administration be
granted (SNB RPC); p.57
1. Surviving spouse
2. Next of kin
3. Both surviving spouse and next of kin
4. Person who SS and NoK requests to be
appointed
5. Principal creditor/s if the above neglect for
30 days after the person’s death to apply
for administration or to request that
administration be granted to some other
person
6. Court-selected person if no principal
creditor competent and willing to serve
Rule 81 – Bonds of executors and
administrators
9) Conditions of the bond (APIA); p.67
1. Administration – discharge all debts,
legacies, and charges
2. Performance of court orders
3. Inventory – within 3 months after his
receipt of letters testamentary or
administration
4. Accounting – true and just account within
1 year from receipt of letters
Rule 82 – Revocation of administration,
death, resignation, and removal of
executors or administrators
10) When may the probate court remove and
executor or administrator (PARIU); p73
1. Neglect to perform an order or judgment
of the court
2. Absconds
3. Neglects to render his account and settle
the estate
4. Insanity
5. Unsuitability to discharge the trust
Rule 83 – Inventory and appraisal;
provision for support of family
11) What are excluded from the inventory (SBC); p76
1. Provisions as will necessarily be consumed
in the subsistence of the family of the
deceased under the court’s direction
2. Marriage bed and bedding
3. Clothes of the surviving spouse and minor
children
Rule 86 – Claims against the estate
12) What are money claims (CFSJ); p.85
1. Contract-based claims
2. Funeral expenses
3. Last Sickness
4. Judgment for money against decedent
13) Options available to the mortgagee-creditor
under s7r86 (ARF); p.100
1. Abandon the security and prosecute his
credit as a money claim
2. Rely on the mortgage and forclose the
same within the prescriptive period of 10
years from the accrual of the right of
action
3. Foreclose the mortgage. This is not a
money claim since it is a suit to enforce a
lien on personal or real property. If there
is deficiency, the claim may be filed as a
money claim with the probate court within
the statute of non-claims
Rule 87 – Actions by and against
executors and administrators
14) Actions which may be brought against the
executor or administrator (RIL); p103
1. Recovery of real or personal property
2. Damages for an Injury to person or
property
3. Lien enforcement on real or personal
property

3. Rule 90 – Distribution and partition of
the estate
15) When may a probate court issue writs of
execution (PECS); p123
1. Partition expenses
2. Examination costs
3. Contributive shares of devisees, legatees
or heirs when they have entered into
possession of the portions of the estate
before debts and expenses have been
settled and paid, and have become liable
to contribute for the payments of such
debts and expenses; Probate court may
issue writs of execution against them
4. Surety’s liability on bonds
Rule 93 – Appointment of guardians;
Rules on guardianship of minors
16) Grounds for appointment of a guardian of a
minor (BRPP); p133
1. Best interest of the minor
2. Remarriage of surviving parent, if the
latter is found unsuitable to exercise
parental authority
3. Parents’ death, incapacity or continued
absence
4. Parental authority suspension, deprivation
or termination
17) Order of preference in default of parents or a
court-appointed guardian (GB CO); p.135
1. Grandparent
2. Brother or sister (oldest, over 21)
3. Custodian of minor (actual, over 21)
4. Other person, who, in sound discretion of
the court, would serve the best interests
of the minor
18) Grounds for opposition for petition for
guardianship; written opposition (MCU); p.138
1. Majority of the alleged minor
2. Competency of the alleged incompetent
3. Unsuitability of the person for whom
letters are prayed
ADOPTION; RULE ON ADOPTION
19) Qualifications of Filipino citizens to become
adopters (LGM-16P); p.150
1. Legal Age
2. Good moral character
3. Moral turpitude non-conviction
4. 16 years older than the adoptee (may be
waived when the adopter is biological
parents of the adoptee or is the spouse of
the adoptee’s parent)
5. Position to support and care for his
children in keeping the means of his family
20) Qualifications for aliens to become adopters:
(CARDS); p.150
1. Certified by his diplomatic or consular
office or any appropriate government
agency to have legal capacity to adopt
2. Adoptee is allowed by the government of
the adopter to enter his country
3. Resident of the Philippines for at least 3
years prior to filing of adoption petition
and maintains such residence until entry
of adoption decree
4. Diplomatic relations of his or her country
with the Philippines
5. Same qualifications for Filipinos
21) Waiver of the residency requirement (FMM);
p151
1. Former Filipino
2. Married to a Filipino
i. Seeks to adopt the LEGITIMATE
CHILD of spouse
3. Married to a Filipino
i. Seeks to adopt a relative of the
spouse within 4th
civil degree of
consanguinity or affinity
ii. Must be joint
22) Exceptions to the rule that the spouses must
jointly adopt; (LIL)
1. Legitimate child of the other spouse
2. Illegitimate child
3. Legally separated
Rule 102 – Habeas Corpus
23) Contents of the VERIFIED Application for the writ
to be filed by the aggrieved party or by some
other person on his behalf (PICO); p.165
1. Place where he is imprisoned or restrained
2. The person subject of the application is
imprisoned or restrained of his liberty

4. 3. Copy of the commitment or detention
order if it can be procured without
impairing the efficiency of the remedy; or
if the imprisonment or restraint is without
any legal authority, such fact shall be
stated
4. The Officer or name of the person by
whom he is imprisoned or restrained; or if
both are unknown or uncertain, such
officer or person may be described by an
assumed name
Rule on the writ of amparo
24) Who may file a petition for the issuance of writ of
Amparo? (IRC); p.193
1. Immediate family of aggrieved party:
spouse, children, parents
2. Relative within 4th
degree in default of
No.1
3. Concerned citizen or organization if no
known immediate family member or
relative of the aggrieved party
25) Contents of the Writ of Amparo return (PAID)
1. If Public Official or Employee, the return
shall further state the actions to have been
taken: (VIRDIH)
i. To Verify the identity of the
aggrieved party
ii. To Identify witnesses and obtain
their statements
iii. To Recover and preserve the
evidence
iv. To Determine the cause and
circumstances of the death or
disappearance
v. To Identify and arrest the
responsible persons
vi. To Have suspected offenders
before the court
2. Action taken
3. All relevant Information in his possession
about the threat, act or omission
4. Defenses
26) Interim reliefs in a writ of amparo case (PWIT)
p.197
1. Production Order
i. Upon verified motion and after
due hearing
2. Witness protection order
i. Upon motion or motu proprio
ii. Referral to DOJ for admission to
Witness protection program
3. Inspection Order
i. Upon verified motion and after
due hearing
4. Temporary protection Order
i. Upon motion or motu proprio
ii. Aggrieved part and any member of
immediate family
Rule 103 – Change of name
27) Valid grounds for a change of name (DR DACUL);
p.230
1. Dishonorable
2. Ridiculous
3. Extremely Difficult to pronounce
4. Sincere desire to adopt a Filipino name to
erase signs of former Alienage
5. Change will avoid Confusion
6. Has been using the name for school
purposes and his school records are in
such name
7. Legal consequence as in legitimation
RA 9048 AS AMENDED BY R.A. NO.
10172 (ADMINISTRATIVE CHANGE OF
FIRST NAME OR NICKNAME AND
CORRECTION OF
CLERICAL/TYPOGRAPHICAL ERRORS)
28) No correction must involve (SAN); p.263
1. Sex
2. Age
3. Nationality
29) Grounds for change of first name or nick name
(DR DHC)
1. Dishonorable
2. Ridiculous
3. Extremely Difficult to pronounce
4. Habitually and continuously used by the
petitioner and he is publicly known by that
first name or nickname in the community
5. To avoid confusion
Rule 109 – Appeals in Special
proceedings

5. 30) Orders or judgments in special proceedings from
which appeal may be taken. (HACAFF); p.277
1. Determines who are the lawful heirs or the
distributive share of the estate to which
such heir is entitled
2. Allows or disallows a will
3. Allows or disallows a claim against the
estate or any claim presented on behalf of
the estate to offset a claim against it
4. Settles the account of an executor,
administrator, trustee, or guardian
5. Constitutes in estate proceedings or those
relating to the administration of a trustee
or a guardian a final determination in the
lower court of the rights of the party
appealing
6. Which is a final order or judgment
rendered in the case, and affects the
substantial rights of the person appealing
31) The court may in its discretion and upon proper
and just terms, allow advance distribution subject
to the following requirements:
1. Advance distribution shall pertain only to
such part of the estate as may not be
affected by the controversy or appeal
2. The debts, funeral charges, administration
expenses, and estate taxes must first have
been paid, unless the distributes or any of
them give a bond to secure such payment

6. CRIMINAL PROCEDURE
Preliminaries
32) Exclusive original jurisdiction of MTC (ROBoT
6.4N); p.286
1. Rental law violations
2. Ordinances violations within their
respective jurisdictions
3. Bp22
4. Traffic laws
5. 6yrs max imprisonment
6. 4000 pesos max fine
7. Criminal negligence
33) Exclusive original jurisdiction of RTC (MC WEED);
p.287
1. Money-laundering cases
2. Cybercrime prevention act
3. Written defamation
4. Election Code violation
5. Cases not falling within Exclusive
jurisdiction of any court, tribunal, or body
6. Written defamation
34) Exclusive original jurisdiction of Family courts
(MD VCD)
1. Minors
i. Accused: ages 9-18
ii. Offended party: minor
2. Drugs (9165)
3. VAWC (9262)
4. Child abuse act (7610)
5. Domestic violence against women and
their children (8369)
35) Cases before the MRTC which are governed by
Summary Procedure: (ROBoT 6.1-N); p.294
1. Rental law violations
2. Ordinances violations within their
respective jurisdictions
3. Bp22
4. Traffic laws
5. 6 MONTHS max imprisonment
6. 1000 pesos max fine or both
7. Criminal negligence , where imposable fine
does not exceed 10,000 pesos
Rule 110 – prosecution of offenses
36) What are private crimes (CASAL D); p.306
1. Concubinage
2. Adultery
3. Seduction
4. Abduction
5. Lasciviousness
6. Defamation which consists of the
imputation of any of the above offenses
37) A complaint is sufficient if it states the:
(DADAPO); p322
1. Designation of the offense given by statute
2. Accused’s name
3. Date of the commission
4. Acts or omission complained of as
constituting the offense
5. Place of commission
6. Offended party’s name
Rule 111 – Prosecution of Civil cation
38) Elements of a prejudicial question: PSD; p.387
1. Previously instituted civil action
2. Issue involved is similar or intimately
related to the issues raised in the
subsequent criminal action
3. The resolution of such issue determines
whether or not the criminal action may
proceed
Rule 112 – Preliminary Investigation
39) Officers authorized to conduct PI (PCA NaReL);
p.403
1. Provincial prosecutors
2. City prosecutors
3. Assistants of Provincial or City prosecutors
4. NAtional state prosecutors
5. REgional state prosecutors
6. Other officers as may be authorized by
Law
40) Procedure in conducting Preliminary investigation
(CSC CR); p.405
1. Compliant-affidavit filing
2. Subpoena issuance
3. Counter-affidavit submission
4. Clarificatory hearing
5. Resolution

7. 41) Who has the authority to approve the
filing/dismissal of complaint or information (PC
COD); p.411
1. Provincial prosecutor
2. City prosecutor
3. Chief state prosecutor
4. Ombudsman
5. Deputy ombudsman
42) What shall the judge to after his personal
evaluation of the resolution of the prosecutor
and its supporting evidence in order to determine
whether there is probable cause? (DEW)
1. Dismiss
2. Evidence – judge may require the prosec
to present additional evidence within 5
days from notice and the issue must be
resolved within 30 days from the filing of
the complaint or information
3. Warrant of arrest or commitment order(if
accused is already under custody) issuance
43) When is warrant of arrest unnecessary (CFS); p.
422
1. Accused is already under Custody
2. Fine is only the penalty
3. Summary procedure
i. However, court may order the
arrest if accused fails to appear
44) Actions prosecutor may take upon filing of the
complaint under summary procedure, wherein no
PI is required (FED); p.425
1. File the information
2. Require he complainant to submit
additional evidence
3. Dismiss
45) Actions a judge of MTC may take upon filing of
the complaint under summary procedure,
wherein no PI is required (DEWS); p.425
1. Dismiss the case
2. Require he complainant to submit
additional evidence
3. Warrant of arrest or commitment order
issuance
4. Summons, if he is satisfied that there is no
necessity of placing the accused under
custody
Rule113 - Arrest
46) When may warrantless arrest be lawfully made
(JPE); p. 432
1. Offense has just been committed and he
has probable cause to believe based on
personal knowledge of facts or
circumstances that the person to be
arrested has just committed an offense
2. In his presence, the person to be arrested
has committed, is actually committing or is
attempting to commit an offense
3. Escaping prisoner
47) Other instances of lawful warrantless arrests;
p.433
1. Bondsmen’s arrest
i. By themselves
ii. Or cause the accused to be
arrested by a police officer or any
other person of suitable age and
discretion upon written authority
2. Arrestee – any person may immediately
pursue or retake one who had been
lawfully arrested but has escaped or has
been rescued
3. Depart from the Philippines – an accused
out on bail may be re-arrested if he
attempts to depart from the Philippines
Rule 114 – Bail
48) Kinds of bail (SPCR); p.441
1. Corporate Surety Bond
2. Property bond
3. Cash deposit
4. Recognizance
49) Bail-negating circumstances (REP FC); p.444
1. Recidivist
2. Escaped from legal confinement, evaded
sentence or violation the conditions of his
bail without justification
3. Probation – committed an offense while
under probation, parole, or conditional
pardon
4. Flight risk
5. Crime risk
50) Guidelines for the judge in fixing the amount of
the bail; (FNPC HAW PPFF); p. 454
1. Financial ability
2. Nature and circumstance of the offense
3. Penalty for the offense
4. Character and reputation of the accused
5. Health
6. Age

8. 7. Weight of the evidence
8. Probability of the accused appearing at
trial
9. Pendency of other cases where the
accused is on bail
10. Fugitive from justice when arrested
11. Forfeiture of other bail
51) When is bail not required (LO 62 SMS)
1. Light felony
2. Ordinance violation
3. 6 months max imprisonment and/or
4. 2000 pesos max fine
5. Summary procedure, except failure to
appear
6. Maximum imprisonment prescribed for
the offense charged – time in custody;
equal to or more than.
52) When may a person be released on recognizance
(LO 62 SPCM); p.456
1. Light felony
2. Ordinance violation
3. 6 months max imprisonment and/or
4. 2000 pesos max fine
5. Summary procedure
6. When the accused has applied for
probation pending resolution of the case
but no bail was filed or the accused is
incapable for filing one
7. Where a child is detained, the court shall
order the release of the minor on
recognizance to his/her parents and other
suitable persons
8. Minimum of the principal penalty
prescribed for the offense charged,
without application of the ISLAW or any
modifying circumstance – time in custody
53) Where is bail filed (GARDiN)
1. GENERALLY –
i. Court where the case is pending
ii. Any RTC or MTC judge in the
province, city or municipality in
case of absence or unavailability of
the judge
2. ARRESTED OTHER THAN WHERE THE CASE
PENDING – RTC of the said place, or if not
RTC judge, any MTC judge
3. RECOGNIZANCE/DISCRETIONARY
4. NOT YET CHARGED – any person in
custody who is not yet charged in court
may apply for bail with any court in the
province, city or municipality where he is
held
54) When may bail be cancelled (SD ADE); p459
1. SD - Upon application of the bondsmen,
with due notice to the prosecutor, the bail
may be cancelled upon (SD):
i. Surrender of the accused, or
ii. Proof of his death
2. ADE – the bail shall be deemed
automatically cancelled upon
i. Acquittal of the accused,
ii. Dismissal of the case, or
iii. Execution of the judgment of
conviction
Rule 116 – Arraignment and Plea
55) When shall a plea of not guilty be entered for the
accused (REC); p.462
1. Refuses to plea
2. Exculpatory evidence, even if he pleaded
guilty
3. Conditional plea
56) Purpose of attendance of the offended party at
arraignment (PCO); p.473
1. Plea bargaining
2. Civil liability determination
3. Other matters requiring his presence
57) What should the court do when the accused
pleads guilty to a capital offense (SVC PGD); p478
1. The court shall conduct a Searching inquiry
into the Voluntariness and full
comprehension of the consequences of his
plea and shall require the prosecution to
prove his guilt and the precise degree of
culpability
58) Grounds for suspension of arraignment (PUP);
p480
1. Prejudicial question
2. Unsound mental condition
3. Petition for review of the resolution of the
prosecutor is pending at either the DOJ,
OP, provided that the period of suspension
shall not exceed 60 days counted from the
filing of the petition with the reviewing
office
Rule 117 - Motion to quash

9. 59) Grounds for motion to quash: (JEJEMON FD);
P.482
1. Jurisdiction over the offense charged
2. Extinguishment of the criminal action or
liability
3. Jurisdiction over the person of the accused
4. The complaint of information contains
averments which, if true, would constitute
legal excuse or justification
5. More than one offense is charged except
when a single punishment for various
offenses is prescribed by law
6. Officer who filed the information had no
authority to do so
7. Complaint of information does not
conform substantially to the prescribed
form
8. Double jeopardy
i. The accused has previously been
convicted or acquitted of the
offense charged, or
ii. The case against him was
terminated without his express
consent
60) Generally, an order sustaining a motion to quash
is NOT a bar to another prosecution for the same
offense. EXCEPTIONS: (ED); p.484
1. Extinction of criminal action
2. Double Jeopardy
61) Requisities in order that the court would have
jurisdiction over the offense charged (JV); p.488
1. Jurisdiction over the subject matter –
conferred by law
2. Venue – venue in criminal cases is
jurisdictional
62) Requisites of double jeopardy (C JIPS); p496
1. The accused has been convicted or
acquitted or the case against him
terminated without his express consent
2. By a court of competent jurisdiction
3. Upon a valid complaint of information
sufficient in form and substance to sustain
a conviction
4. After the accused pleaded to the charged
5. Same offense (FAN)
i. The second prosecution is for the
offense charged in the former
complaint or information, or
ii. For any attempt to commit the
same or frustration thereof, or
iii. For any offense which necessarily
includes or is necessarily included
in the offense charged in the
former complaint or information
63) Exception to the rule wherein the accused may
later on be charged for the greater offense which
necessarily includes the former offense charged
(SuCK)
1. The graver offense developed due to
supervening facts arising from the same
act or omission constituting the former
charged
2. Plea of guilty to the lesser offense was
made without the consent of the
prosecutor and the offended party
3. The facts constituting the graver charge
became known or were discovered only
after a plea was entered in the former
complaint or information
64) Exceptions to the rule that the failure of the
accused to assert any ground of a motion to
quash before plea shall be deemed a waiver of
the grounds (JEFDO); p.534
1. Jurisdiction over the offense charged
2. Extinction of the criminal action or liability
3. Facts charged in the complaint or
information do not constitute an offense
4. Double jeopardy
5. Officer who filed the information had no
authority to do so
Rule 118 – Pre-trial
65) Matter to be considered in pre-trial (PMS WTO);
p.535
1. Plea bargaining
2. Marking for identification of evidence of
the parties
3. Stipulation of facts
4. Waiver of objections to admissibility of
evidence
5. Modification of the order of trial if the
accused admits the charge and interposes
a lawful defense
6. Other matters as will promote a fair and
expeditious trial of the criminal and civil
aspects of the case
Rule 119 – Trial
66) Instances when the accused’s presence is
required by the rules (APIP); p541

10. 1. Arraignment
2. Pre-trial conference
3. Identification
4. Promulgation of judgment, unless it is for
a light offense in which case the accused
may appear by counsel or representative
67) When will trial in abstentia be held (ANU)
1. Arraigned
2. Notified of the hearing or trial, and
3. Unjustified failure to attend
68) Grounds under which a witness for the accused
may be conditionally examined before trial
(SIOS); p547
1. Sick
2. Infirm
3. One hundred (100) km from the place of
trial – residence of the witness and has no
means to attend the same
4. Similar circumstances that would make
him unavailable or prevent him from
attending the trial
69) Grounds under which a witness for the
prosecution may be conditionally examined (SIL);
p, 548
1. Sick
2. Inform
3. Has to leave the Philippines with no
definite date of returning
70) Procedure wherein an accused may be discharged
to be a state witness (2JMBC)
1. 2 or more persons
2. Jointly charged with the commission of
any offense, upon
3. Motion of the prosecution
4. Before resting its case, the court may
direct one or more of the accused to be
discharged with their
5. Consent so that they may be state witness
71) Requisites for the discharge of an accused to be a
state witness (HES ANC GM); p,551
1. There shall be a Hearing in support of the
discharge where the prosecution shall
present evidence and the sworn statement
of each proposed state witness to prove
that:
2. There is absolute necessity for the
testimony of the accused
3. There is no other direct evidence available
for the proper prosecution of the offense
committed, except the testimony of said
accused
4. The testimony of said accused can be
corroborated in its material points
5. The accused does not appear to be the
most guilty; and
6. Said accused has not at any at any time
been convicted of any offense involving
moral turpitude
Rule 120 – Judgment
72) Requisites of a judgment (POSS); p.571
1. Personally and directly prepared by the
judge
2. Official language
3. Signed by the judge
4. Statement of the facts and the law upon
which it is based
73) Contents of a judgment of conviction (LAMP PC);
p.571
1. Legal qualification of the offense
2. Aggravating circumstances
3. Mitigating circumstances
4. Participation of the accused (principal,
accomplice, accessory)
5. Penalty imposed upon the accused
6. Civil liability or damages to be recovered
by the offended party from the accused, if
there is any, unless the civil action to
recover the civil liability arising from the
offense charged has been reserved or
waived
74) When does a judgment of conviction become
final (PAWS); p. 584
1. Probation application
2. Appeal period lapse
3. Waiver in writing of the right to appeal
4. Service of sentence, partial or total
Rule 121 – New trial or reconsideration
75) Grounds for a new trial (PN); p.587
1. Prejudicial errors or irregularities have
been committed during trial
2. Newly discovered evidence – new and
material evidence has been discovered
which accused could not with reasonable
diligence have discovered and produced at
the trial and which if introduced and

11. admitted would probably change the
judgment
76) Requisites before a new trial may be granted on
the ground of newly discovered evidence
(DCWAN); p.588
1. The newly discovered evidence could not
with reasonable diligence have been
discovered and produced at trial
2. If introduced and admitted, such evidence
would probably change the judgment
3. The motion for new trial shall be in writing
and shall state the grounds on which it is
based
4. The motion must be supported by
affidavits of witnesses by whom such
evidence is expected to be given or by duly
authenticated copies of documents which
are proposed to be introduced in evidence
5. Notice of the motion shall be given to the
prosecutor
Rule 124 – Procedure in the court of
appeals
77) Ground for dismissal of appeal by CA (BENA SCC
DAP); p602
1. Appellant fails to file his brief within the
prescribed time, except where the
appellant is represented by counsel de
oficio
2. Appellant escapes from prison or
confinement, jumps bail, or flees to a
foreign country during the pendency of
the appeal
3. Failure to file the notice of appeal within
the prescribed period
4. The facts that the order or judgment
appealed from is not appealable
5. Failure of the appellant to serve and file
the required number of copies of his brief
or memorandum within the time provided
by the rules
6. Failure of the appellant to take the
necessary steps for the correction or
completion of the record within the time
limited by the court in its order
7. Failure of the appellant to comply with
orders, circulars, or directives of the court
without justifiable cause
8. Failure to pay the docket
9. Absence of specific assignment of errors in
the appellant’s brief, or of
10. Pages references to the record
Rule 126 – Search and seizure
78) Where shall an application for search warrant
shall be filed (TReP); p609
1. Any court whose Territorial jurisdiction as
crime has been committed
2. For compelling reasons stated in the
application, any court within the judicial
REgion where the crime was committed if
the place of the crime’s commission is
known, or any court within the judicial
region where the warrant shall be
enforced
3. However, if the criminal action has already
been filed, the application shall be made
only in the court where the criminal action
is pending
79) Requisites for the issuance of a search warrant (P
POP); p613
1. Probable cause
2. Personal determination of the judge after
examination under or affirmation of the
complainant and the witnesses he may
produce
3. One specific offense
4. Particular description of the place to be
searched and the things to be seized
80) How shall the judge make the personal
determination of probable cause (SOWPA); p613
1. The judge must before issuing the warrant,
personally examine in the form of
searching questions and answers, under
oath and in writing, the complainant and
the witnesses that the latter may produce
on the facts personally known to them and
attach to the record their sworn
statements, together with the affidavits
submitted
81) Personal properties which may be seized under a
warrant (PUS); p615
1. Proceeds or fruits of the offense
2. Used or intended to be used as the means
of committing the offense
3. Subject of the offense
82) Whose presence shall the search of a house,
room, or other premises be made (OFW); p.616
1. Occupant

12. 2. Family member of occupant, or in absence
of the latter,
3. Witnesses
i. Must be 2
ii. Of sufficient age and discretion
iii. Residing in the same locality
83) Exceptions to the rule that a search and seizure
must be authorized by a warrant (CPA SCAM)
1. Consent or waiver
2. Plain view
3. Airports
4. Stop and frisk
5. Check points
6. Incidental to lawful arrest
7. Moving vehicle
Rule 127 – Provisional remedies in
criminal cases
84) Grounds for preliminary attachment (DEAN);
p640
1. When the accused has concealed,
removed, or disposed of his property, or is
about to do so
2. When the criminal action is based on a
claim for money or property embezzled or
fraudulently misapplied or converted to
the used of the accused who is a fiduciary,
or willful violation of duty
3. About to abscond from the Philippines
4. Non-resident

13. EVIDENCE
Rule 130 – rules of admissibility
85) Exception to the best evidence rule (CLAPCO);
p.662
1. Original is not closely related to a
controlling issue
2. Original is lost or destroyed, or cannot be
produced in court without bad faith on the
part of the offeror
3. Original consists of numerous accounts or
other documents which cannot be
examined in court without great loss of
time and the fact sought to be established
is only the general result of the whole
4. Original is a public record in the custody of
a public officer or is recorded in a public
office
5. Original is in the custody or control of the
adverse party and he fails to produce is
after reasonable notice
6. Original cannot be obtained by local
judicial process or procedures
86) Proper foundation for the introduction of
secondary evidence in case o loss, destruction, or
inability to produce the original (EUR); p667
1. Proof of the execution or existence of the
document
2. Proof of the cause of its unavailability,
without bad faith on his part
3. Proof of reasonable diligence and good
faith on the part of the offeror in the
search for or attempt to produce the
original
87) Proper foundation for the introduction of
secondary evidence in the case where the original
is in the custody or control of the party against
whom the evidence is sought to be offered (ER);
p.671
1. Proof of existence of the document
2. Proof of reasonable notice to produce to
the adverse party and failure to produce
88) What is a Counterpart? (IM MECE) (p.680)
1. Same impression as the original, or
2. Same matrix, or by
3. Mechanical or electronic re-recording, or
by
4. Chemical reproduction, or by
5. Equivalent techniques which accurately
reproduces the original
89) A copy or a duplicate shall not be admissible to
the same extent as the original if (AU)
1. A genuine question is raised as to the
authenticity of the original; or
2. In the circumstances it would be unjust or
inequitable to admit the copy in lieu of the
original
90) Exceptions to the parol evidence rule (VISA);
p.686
1. Validity of the written agreement
2. Failure of the written agreement to
express the true intent and agreement of
the parties thereto
3. Existence of subsequent terms agreed to
by the parties or their successors in
interest after the execution of the written
agreement; or
4. Intrinsic ambiguity, mistake, or
imperfection in the written agreement
91) Non-compliance with the chain of custody rule
will not render void the seizure of and custody
over the drugs, provided: (JI); p.701
1. Justifiable grounds
2. Integrity and evidentiary value of the
seized items are preserved
92) What is ephemeral electronic communication
(PTCSO); p.701
1. Phone talks
2. Text messages
3. Chatroom sessions
4. Streaming audio; and other
5. Electronic forms of communication the
evidence of which is not recorded or
retained
93) What is DNA or deoxyribonucleic acid? (CM FENC)
1. Chan of Molecules Found in Every
Nucleated Cell of the body
94) When may the court order DNA testing (BN SNO);
p.702
1. A biological sample exists that is relevant
to the case
2. The biological sample:
i. Was not previously subjected to
the type of DNA testing now
requested; or

14. ii. Was previously subjected to DNA
testing but the results may require
confirmation
3. The DNA testing uses a scientifically valid
technique
4. The DNA testing has the scientific
potential to produce new information that
is relevant to the proper resolution of the
case
5. The existence of other factors, if any,
which the court may consider as
potentially affecting the accuracy or
integrity of DNA testing
95) Who are disqualified to be witnesses (PM); p.705
1. Those who are disqualified by reason of
privileged communication
2. Spouses under marital disqualification rule
96) Even if 18 years old and above, a person may also
be considered a child witness in child abuse cases
if he or she is unable to fully take care of himself
or herself from (CANED); p.706
1. Cruelty
2. Abused
3. Neglect
4. Exploitation, or
5. Discrimination, because of a physical or
mental disability or condition
97) What are the disqualifications by reason of
privileged communications under the Rules on
Evidence? (MAP PP); p.717
1. Martial Communication Privilege
2. Attorney-client privilege
3. Physician, Psychotherapist-patient
privilege
4. Priest/Minister’s privilege
5. Public interest privilege
98) Exceptions to the res inter alios acta rule (J
CAPP); p.783
1. Joint owner, joint debtor, or other person
jointly interested with the party
2. Co-conspirator
3. Agent
4. Co-partner
5. Privies
99) Rule on admission by co-partner or agent (SEE);
p.783
1. Within the Scope of his authority
2. During existence of the partnership or
agency
3. Shown by Evidence other than such act or
declaration
100) What are interlocking confessions (ICIC);
p.795
1. Interlocking confessions are extrajudicial
confessions independently made without
collusion which are identical with each
other in their essential details and are
corroborated by other evidence on record
and are admissible as circumstantial
evidence against the person implicated to
show the probability of the latter’s actual
participation in the commission of the
crime
101) Rights of a person under custodial
investigation (SC TS); p.795
1. Right to remain silent and right to be
informed of such right
2. Right to counsel
3. Right against torture
4. Right against secret detention places
102) Pursuant to the similar acts rule, evidence
that one did or did not do a certain thing at one
time is not admissible to prove that he did or did
not do the same or similar thing at another time.
By way of exception, it may be received to prove:
(PIKICHUS) p800
1. Plan
2. Intent
3. Knowledge
4. Identity
5. Custom
6. Habit
7. Usage
8. System, and the like
103) (RAPE SHIELD RULE) Unless and only to
the extent that the court finds that evidence of
the following is /are material and relevant to the
case, in prosecutions for rape, evidence of
(PaSCOR) shall be inadmissible; p.803:
1. PAst Sexual Conduct
2. Opinion thereof
3. Reputation
104) Reasons for excluding hearsay (COD);
p.811
1. Lack of opportunity on the part of the
party against which it is offered to cross-
examine the declarant, that is, the person
who made the statement
2. The statement or declaration is not made
under oath

15. 3. The court does not have the opportunity
to observe the demeanor of the declarant
105) An independently relevant statement is
an out-of-court statement which is relevant not
for the truth of a matter asserted therein but for
something else: (SIBUL); p.812
1. State of mind
2. Intent
3. Belief
4. Mere fact of utterance
5. Legal effect
106) Exceptions to the hearsay rule may be
grouped into two: (DU) Death and Unavailability
to testify AND where there is no such DU
requirement. The following exceptions require
DU: (3D PCF)
1. Dying declaration
2. Declaration against interest
3. Statement of the decedent or person of
unsound mind
4. Act or declaration about pedigree
5. Declaration by child about act or
attempted act of child abuse
6. Former testimony or deposition
107) Exceptions where there is no DU
requirement; (RFC CORL) p.828
1. Res Gestae
2. Family reputation
3. Common reputation
4. Commercial lists
5. Official records
6. Record of regularly conducted business
activity
7. Learned treatises
108) Requirements for a dying declaration
(DICC); p.830
1. Declarant is dead
2. His death is the subject of the inquiry
3. The declaration was made under the
consciousness of an impending death
4. The declaration is about the cause and
surrounding circumstances about his
death
109) What are the requirements in order for a
testimony or deposition at a former proceeding
(judicial or administrative) to be admissible?
(DOFU SO); p.845
1. DOFU
i. Deponent is dead,
ii. Out of the Philippines, or
iii. Who cannot, with due diligence be
found therein, or is
iv. Unable to testify
2. Same parties and subject matter
3. Opportunity to cross-examine the witness
or deponent in the former case or
proceeding
110) What are the requirements in order than
an act or declaration about pedigree to be
admissible as an exception to the hearsay rule?
(DRAPE)
1. The defendant is dead or unable to testify
2. The act or declaration is about another
person related to the declarant by birth,
adoption, or marriage, or, in the absence
thereof, with whose family he or she was
so intimately associated as to be likely to
have accurate information concerning his
pedigree
3. The act or declaration occurred before the
controversy (ante lite motam)
4. The act of declaration is about the
pedigree of the person in #2
5. There relationship between the relative
and the declarant is shown by evidence
other than such act or declaration
111) Requirements for admission of a child’s
statement (KUCCC); p859
1. The proponent shall make known to the
adverse party the intention to offer such
statement and its particulars to provide
him the a fair opportunity to object
2. The child is unavailable to testify.
“Unavailable” means: (DAP MMS)
i. Dead
ii. Absent from the hearing and the
proponent of his statement has
been unable to procure his
attendance by process or other
reasonable means
iii. Suffers from Physical infirmity
iv. Suffers from lack of memory
v. Suffers from mental illness
vi. Will be exposed to severe
psychological injury
3. The statement must be made by a child
4. The statement describes any act or
attempted act of child abuse
5. The hearsay is corroborated by other
admissible evidence
112) Requirements of the commercial list
hearsay exception (PIO PR); p.879

16. 1. There shall be a list, register, periodical, or
other published compilation
2. Such published compilation contains
statements of matters of interest to
persons engaged in an occupation
3. The compilation is published for use by
persons engaged in that occupation
4. The compilation is generally used and
relied upon by the person engaged in that
occupation
113) Requirements of the official entries
exception (K POP)
1. The entrant must have personal
knowledge of the facts stated by him, or
such facts were acquired by him from
report by persons under legal duty to
submit the same
2. The entry must have been made by a
public officer of the Philippines
3. The entries must have been made in
official records
4. The entry must have been made in the
performs of his duty or by a person in the
performance of a duty specifically
enjoined by law
114) Requisites of the learned treaties
exception (PLR); p.890
1. There must be a published treaties,
periodical or pamphlet
2. It is on the subject of LASH: Law, Art,
Science, or History
3. The writer of the statement in the treatise,
periodical, or pamphlet is recognized in his
profession or calling as expert in the
subject. Such recognition may be proved
by an expert witness or taken judicial
notice by the court
115) Exceptions to the rule that the opinion of
a witness is not admissible in evidence (SHE);
p.898
1. Short-hand opinions
2. Handwriting, identity and sanity
3. Expert opinion
116) What is expert opinion (special TEKES);
p.898
1. Training
2. Education
3. Knowledge
4. Experience
5. Skill
117) When is the opinion of an ordinary
witness admissible in evidence (HIS); p.901
1. Handwriting with which he has sufficient
familiarity
2. Identity of a person with whom he hwas
adequate knowledge
3. Mental sanity of a person with whom he is
sufficiently acquainted
118) Short-hand opinions are the impressions
of the witness on the (CABE); p.901
1. Condition
2. Appearance
3. Behavior
4. Emotion
119) Use of character evidence (CRID)
1. Circumstantial evidence
2. Rehabilitation of the character which was
impeached
3. Impeachment of the adverse party’s
witness
4. Direct evidence of character, where the
character itself is the fact in in issue
120) Civil cases where the issue of character is
involved (N LSC); p.905
1. Negligent hiring
2. Libel or slander, where the character of
the aggrieved person is a fact in issue that
may be proved by both plaintiff and
defendant
3. Seduction, where the woman seduced
must be of good reputation
4. Child custody cases, where the character
of parents or guardians is a fact in issue
121) How is character proved (ROS); p.909
1. Reputation evidence
2. Opinion of the witness
3. Specific instances of conduct
Rule 129 – what need not be proved
122) When is judicial notice mandatory (SIP
NTG); p.925
1. STATES
i. Existence
ii. Territorial extent
iii. Political history
iv. Forms of government
2. INTERNATIONAL LAW
3. PHILIPPINES

17. i. Political constitution
ii. History
iii. Official acts of the legislative,
executive and judicial
departments of the NATIONAL
GOVERNMENT of the Philippines
4. LAWS OF NATURE
5. MEASURE OF TIME
6. GEOGRAPHICAL DIVISIONS
Rule 132 – presentation of evidence
123) Rights of a witness (DRIPS); p.942
1. Not to be Detained longer that the
interests of justice require
2. Not to give an answer which will tend to
degrade his reputation unless it be to the
very fact at issue or to a fact from which
the fact in issue would be presumed. But a
witness must answer to the fact of his
previous final conviction for an offense.
3. To be protected from irrelevant, improper,
or insulting questions, and from harsh of
insulting demeanor.
4. Not to be examined except only as to
matters pertinent to the issue
5. Self-incrimination – not to give an answer
which will tend to subject him to a penalty
for an offense unless otherwise provided
by law
124) Leading questions are allowed: (PICACHU)
1. Preliminary matters
2. Ignorant witness, child of tender years,
feeble-minded or deaf-mute witness
3. Child witness – if the same will further the
interest of justice
4. Adverse party witness or a director,
officer, or managing agent of a
corporation, partnership or association
which is an adverse party
5. Cross-examination
6. Unwilling or hostile witness
125) Methods of impeaching adverse party’s
witness (CRIC)
1. Contradictory evidence
2. Reputation evidence
i. General reputation for truth,
honesty or integrity is bad
3. Inconsistent statement
4. Conviction (Final)2
– Evidence showing:
i. Crime punishable by a penalty
exceeding 1 yr
ii. Moral turpitude, regardless of the
penalty
126) How is the predicate laid (WREA); p951
1. If the statement is in writing, it must first
be shown to the witness before any
question is asked of him concerning the
statement
2. The statement must be related to him,
with the circumstances of the time and
place and the persons present
3. He must be asked to explain the
inconsistency
2
Not admissible if it has been the subject of amnesty or
annulment of conviction (2020 REE)
4. He must be asked whether he made such
statement
127) When may a party impeach his own
witness (UA); p954
1. Unwilling or hostile witness (ARM)
i. Adverse interest
ii. Unjustified reluctance to testify
iii. Having mislead the party into
calling him into the witness stand
2. Adverse-party witness (DOM-CPA)
i. Director
ii. Officer
iii. Managing agent of a
iv. Corporation, Partnership or
Association
128) How is a private document authenticated
(SGD); p965
Before a private document offered as authentic is
received in evidence, it should first be
authenticated, that is, its due execution and
authenticity should be proved by
1. Anyone who saw the document executed
or written
2. Evidence of genuineness of the signature
or handwriting of the maker, or
3. Other evidence showing its due execution
and authenticity
129) How is the genuineness of a person’s
handwriting proved? (WC)
1. A witness who has seen the person write,
or has seen writing purporting to be his
upon which the witness has acted or been
charged and thus acquired knowledge of
the handwriting of such person

18. 2. A comparison, made by the witness or the
court, with writings admitted or treated as
genuine by the adverse party or proved to
be genuine to the satisfaction of the judge
130) How is a private electronic document
authenticated (DSR); p969
1. Evidence that it had been digitally signed
2. Appropriate security procedures or
devices as may be authorized by law or
rules have been applied to the document
3. Other evidence showing its reliability and
integrity to the satisfaction of the judge
131) What are public documents? (PATO)
p.969
1. Public records of private documents
required by law to be entered therein
2. Acknowledged documents (notarized
documents) except wills
3. Treaties and conventions – documents
that are considered under them
4. Official records – written official acts or
records of official acts of the sovereign
authority, official bodies and tribunals, and
public officers, whether of the Philippines
or of a foreign country
132) When will an alteration affect the
admissibility of a document (GEM); p990
1. The document being offered as genuine
2. The alteration was made after the
execution of the document
3. The alteration is in a part material to the
question in dispute
133) How to explain alteration affecting
admissibility (CAMPI); p990
1. That it was made with the Consent of the
parties affected by it
2. That it was made by another, without his
consent
3. That the alteration did not change the
meaning or language of the instrument
4. It was properly made, or
5. Innocently made
Rules of procedure for environmental
cases
134) Prohibited pleadings and motions (4M (d
bed) RRT)
1. 4M
i. Motion to dismiss the complaint
ii. Motion for a bill of particulars
iii. Motion for extension of time to
file pleadings except to file an
answer for 15 days
2. Motion to declare defendant in default
3. Reply and rejoinder
4. Third party complaint