Philippine Law Library

INTRODUCTION

[ INTRODUCTION ] BENCHBOOK FOR TRIAL COURT JUDGES I. JUDICIAL POWER AND THE ROLE OF THE JUDICIARY [1] The Philippine Constitution vests judicial power in one Supreme Court and in such lower courts as may be established by law. [2] Judicial power is described by the same section of the Constitution as follows: Judicial power includes the duty of the courts of justice to settle actual controvers…

JUDICIAL REASONING, WRITING AND RESEACH

[ JUDICIAL REASONING, WRITING AND RESEACH ] BENCHBOOK FOR TRIAL COURT JUDGES I. METHODS OF REASONING 1. Analogy: drawing a conclusion on the basis of a similarity between cases. 1.1 Caution: For any conclusion to be validly drawn, the two cases must in fact be similar on all significant points. Any significant difference may make the conclusion in one case in applicable to another. 1.2 Exam…

CRIMINAL PROCEDURE

[ CRIMINAL PROCEDURE ] BENCHBOOK FOR TRIAL COURT JUDGES PART ONE PROCEDURE IN TRIAL COURTS 1. JURISDICTION IN CRIMINAL CASES A. Introduction 1. Criminal Jurisdiction defined Criminal jurisdiction is the authority to hear and try a particular offense and impose the punishment for it. [1] 2. Elements 2.1 The nature of the offense and/or penalty attached thereto; and 2.2 Commission of the …

JUDICIAL ETHICS

[ JUDICIAL ETHICS ] BENCHBOOK FOR TRIAL COURT JUDGES I. THE ROLE OF THE JUDGE In administering justice, the judiciary decides controversies between the party litigants. At the same time, it also contributes to the establishment of the Rule of Law without which there will be chaos in the community. What is more significant, however, is that the judiciary achieves such goal by relying on the mora…

MESSAGE

[ MESSAGE ] BENCHBOOK FOR TRIAL COURT JUDGES Proceedings before courts can take different forms that are governed by different rules. Motions are of many and different kinds. The grounds by which they are either granted or denied are not to be found in any single law, or rule, but must oftentimes be gleaned from pronouncements of the Supreme Court or inferred from what can be a complicated proce…

TABLE OF CONTENTS

[ TABLE OF CONTENTS ] BENCHBOOK FOR TRIAL COURT JUDGES INTRODUCTION I. JUDICIAL POWER AND THE ROLE OF THE JUDICIARY i-1 II. HOW TO USE THE BENCHBOOK i-2 A. The Benchbook as Judge’s Guide i-3 B. Organization of the Benchbook i-3 C. Benchbook Citations i-5 OUTLINE OF JURISDICTION I. SUPREME COURT 1-1 A. Original 1-1 1. Exclusive 1-1 2. Concurrent 1-1 B. Appellate 1-2…

FOREWORD

[ FOREWORD ] BENCHBOOK FOR TRIAL COURT JUDGES On 23 March 2000, I referred to the Activity Signing Ceremony between the Philippines, through the Supreme Court, and Australia, through the Philippines-Australia Governance Facility, as an 'historic event.' That was the beginning of what until then had only been a vision. It was in February 1999 that the concept for the preparation and production o…

SPECIAL PROCEEDINGS

[ SPECIAL PROCEEDINGS ] BENCHBOOK FOR TRIAL COURT JUDGES 1. INTRODUCTION 1. Definition of terms: 1. Special proceeding: A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact. [1] 2. Probate: Probate is a special proceeding to establish the validity of a will. No will passes property unless it is probated by a court. Probate is mandatory. I…

OUTLINE OF JURISDICTION

[ OUTLINE OF JURISDICTION ] BENCHBOOK FOR TRIAL COURT JUDGES I. SUPREME COURT A. Original 1. Exclusive Petitions for issuance of writs of certiorari , prohibition and mandamus against the following: 1.1 Court of Appeals 1.2 Commission on Elections 1.3 Commission on Audit 1.4 Sandiganbayan 2. Concurrent 2.1 with Court of Appeals Petitions for issuance of writs of certiorari, prohibi…

PREFACE

[ PREFACE ] BENCHBOOK FOR TRIAL COURT JUDGES The Supreme Court of the Philippines has embarked on a Judicial Reform Program which aims to ensure that the judiciary is independent, effective, efficient and worthy of public trust and confidence from the Filipino people. To this end, it has developed an Action Program for Judicial Reform 2001-2006 which details an agenda of changes and challenges e…

EVIDENCE

[ EVIDENCE ] BENCHBOOK FOR TRIAL COURT JUDGES Basic Principles and Selected Problems I. WHEN EVIDENCE IS NECESSARY Evidence is the means of proving a fact. It becomes necessary to present evidence in a case when the pleadings filed present factual issues. Factual issues arise when a party specifically denies material allegations in the adverse party’s pleading. These are the issues which the j…

[ ] The Clinical Legal Education Program & Preparing the Ethical Lawyer The Clinical Legal Education Program & Preparing the Ethical Lawyer Hon. Maria Filomena D. Singh, Associate Justice, Supreme Court of the Philippines Assisted by Atty. Irish Jhade G. Alimpolos, Juris Doctor, University of the Philippines (2019) B.A. Political Science, University of the Philippines (2015) Abstract Ethics…

ACKNOWLEDGMENTS

[ ACKNOWLEDGMENTS ] BENCHBOOK FOR TRIAL COURT JUDGES The Philippine Benchbook for Trial Court Judges, the first comprehensive practical guide for the judiciary published in the Republic of the Philippines, is the result of a unique combination of foresight, sensitivity, goodwill and determination, displayed by a group of eminent Filipino jurists, the authors and editors of the Benchbook, a commi…

CIVIL PROCEDURE

[ CIVIL PROCEDURE ] BENCHBOOK FOR TRIAL COURT JUDGES PART ONE ORDINARY CIVIL ACTIONS I. CASE BEGINS WITH THE FILING OF COMPLAINT A. Preliminary 1. Definition of complaint A complaint is a pleading alleging a plaintiff’s cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint. [1] 2. Requirements 2.1 Verification A pleading is veri…

COURT AND CASE MANAGEMENT: TRIAL COURT PERFORMANCE STANDARDS & MEASUREMENT

[ COURT AND CASE MANAGEMENT: TRIAL COURT PERFORMANCE STANDARDS & MEASUREMENT ] BENCHBOOK FOR TRIAL COURT JUDGES COURT AND CASE MANAGEMENT: TRIAL COURT PERFORMANCE STANDARDS AND MEASUREMENT SYSTEM 1. INTRODUCTION This System focuses attention on performance, self-assessment and self-improvement on five (5) Key Performance Areas around each of which standards were created. Those Areas are: Acc…

MESSAGE

[ MESSAGE ] BENCHBOOK FOR TRIAL COURT JUDGES Justice, the Judiciary’s raison d’être , ultimately involves the harmonization of two seemingly conflicting values: stability and dynamism. On the one hand, stability of the law is needed to guarantee that the rules are applied in the same way, under a particular set of circumstances, regardless of who is being judged, and who sits in judgement. On th…