The Dead Man’s Statute was provided for in Section 23, Rule 130 of the 1989 Rules on Evidence: “SEC. 23. Disqualification by reason of death … of adverse party. — Parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative…
May a court motu proprio render judgment on the pleadings under the 2019 Rules of Civil Procedure? Section 1, Rule 34 of the Rules of Court provides that “[w]here an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s pleading, the court may, on motion of that party,…
Question No. 13(a) from the 2002 Remedial Law Bar Examination reads as follows: “Delia sued Victor for personal injuries which she allegedly sustained when she was struck by a car driven by Victor. May the court receive in evidence, over proper and timely objection by Delia, a certified true copy of a judgment of acquittal…
The Rules on Expedited Procedures in the First Level Courts (REPFLEC) which took effect on 11 April 2022 provide for a new Rule on Small Claims and a new Rule on Summary Procedure (2022 RSP). The REPFLEC provides that its provisions, particularly the 2022 RSP, shall apply to ejectment cases or actions for forcible entry…
Article 36 of the Family Code provides that “[a] marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations” shall be void. In the landmark case of Tan-Andal v. Andal, G.R. No. 196359, 11 May 2021, the Supreme Court en banc held that psychological incapacity…
Under the Law on Sales, “[t]he ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof.” (Article 1477, Civil Code). There is actual delivery when the thing sold is placed in the control and possession of the buyer (Article 1497, Civil Code). On the other hand, constructive…
The Department of Justice (DOJ) recently issued Department Circular No. 008 dated 10 February 2023. The circular directs prosecutors to assess criminal cases pending before the first-level courts (municipal trial courts, metropolitan trial courts, and municipal trial courts in cities) and to file motions to withdraw the information if the prosecutor determines that there is…
May a child impugn his or her own legitimacy? Article 164 of the Family Code lays down the presumption that “[c]hildren conceived or born during the marriage of the parents are legitimate.” In other words, the husband of a woman is presumed to be the father of the child to whom she gives birth. Articles…
May entries in the birth certificate of a child regarding his or her filiation or legitimacy be corrected in a petition for correction of entries under Rule 108 of the Rules of Court? Let us say, by way of illustration, that A and B are the legitimate children of F (father) and M (mother). They…
Try answering the following question on your own: The Power Sector Assets and Liabilities Management Corporation (PSALM) received a copy of the decision of the Commission on Audit (COA) on 11 December 2012. The PSALM filed a motion for reconsideration of the decision on 19 December 2012. The motion for reconsideration was denied by the…