Annexes

As to what these pleadings and material portions of the record are, the Rules grants the petitioner sufficient discretion to determine the same. This discretion is of course subject to CA’s evaluation whether the supporting documents are sufficient to make out a prima facie case. Thus, Section 3 empowers the CA to dismiss the petition where the allegations contained therein are utterly bereft of evidentiary foundation. Since in this case the CA gave due course to respondent’s Petition for Review and proceeded to decide it on the merits, it can be fairly assumed that the appellate court is satisfied that respondent has sufficiently complied with Section 2 of Rule 42.

Besides, our own examination of the CA rollo reveals that the annexes to the position papers can be found somewhere else in the petition. (Yuki v. Co, G.R. No. 178527, 27 December 2009)

Jurisdiction

It is an elementary rule that the jurisdiction of the court in ejectment cases is determined by the allegations pleaded in the complaint and cannot be made to depend upon the defenses set up in the answer or pleadings filed by the defendant. This principle holds even if the facts proved during trial do not support the cause of action alleged in the complaint. (Yuki v. Co, G.R. No. 178527, 27 December 2009)

Probable Cause for Arrest

As the lower court aptly put it in this case, the law enforcers already had an inkling of the personal circumstances of the persons they were looking for and the criminal act they were about to commit. That these circumstances played out in their presence supplied probable cause for the search. The police acted on reasonable ground of suspicion or belief supported by circumstances sufficiently strong in themselves to warrant a cautious man to believe that a crime has been committed or is about to be committed. (People v. Quebral, G..R. No. 185379, 27 November 2009)