Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Preliminary Investigation (Rule 112, partly repealed by AM 24- 02-09-SC; Department of Justice [DOJ] DC 15 and 28, s. 2024)

3. When Not Required

Prior demand in unlawful detainer is NOT required when:

  • The purpose of the action is to terminate the lease because of expiry of term and not because of failure to pay rentals;
  • Purpose of suit is not for ejectment but for enforcement of terms of contract; or
  • When the defendant is not a tenant but a mere intruder. In which case it is forcible entry, which does not require prior demand. (RIANO 2016 ed., p. 353-354)

Bail is not required when the law or rules provide:

  • Offense charged is violation of an ordinance, light felony or criminal offense the imposable penalty does not exceed 6 months of imprisonment and/or fine of P2,000 where said person has established to the satisfaction of the court or any other appropriate authority hearing the case that he is unable to post the required cash or bail bond (RA 6036, Sec. 1)
  • One of the rights of a child arrested acting as a combatant, spy, carrier, or guide in an armed conflict is to be released on recognizance to the custody of DSWD or responsible member of the community (R.A. No. 7610);
  • Where the accused applied for probation and before the same has been resolved but no bail was filed or the accused is incapable of filing one, in which case he may be released on his own recognizance.
  • In case of a youthful offender held for physical or mental examination, trial or appeal, if unable to furnish bail and under the circumstances provided by P.D. 603, as amended.
  • A person who has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged, without prejudice to the continuation of the trial or the proceedings on appeal.
  • Accused who was arrested for failure to appear when required by the court may be released on recognizance of a responsible citizen (Sec. 16, Rules on Summary Procedure)
  • A person accused of an offense with a maximum penalty of destierro shall be released after 30 days of preventive imprisonment.

When a Specific Denial Does NOT Require an Oath

  • The adverse party does not appear to be a party to the document;
  • Compliance with an order for an inspection of the original document is refused. (Rule 8, Sec. 8)

Authorities

  • P.D. 603
  • R.A. No. 7610
  • RA 6036, Sec. 1
  • Riano (legal treatise)
  • Rules on Summary Procedure, Sec. 16