CIVPRO REVIEWER_Leonen

AY 2008-2009

PARTIES
-have/claim any interest
R62. INTERPLEADER -this would be an axn in personam: only the parties would be
When to file: affected
1. Conflicting claims upon same subject matter
are/maybe made against a person who claims no NOTICE TO SOLGEN: if involves validity of a governmental
interest whatsoever in the subject matter regulation
2. Interest which in whole or in part is not disputed by -notice made by party assailing the same
claimants -notified and heard
WHO WOULD FILE: person who may be claimed against?
WHY: to compel the conflicting claimants to interplead and IF VALIDITY OF LOCAL GOV ORDINANCE: notify prosecutor/atty
litigate their several claims among themselves of the LGU involved
-notified and heard
File > ORDER to interplead -if UNCONSTITUTIONALITY: solgen notified and heard
-court may order that subject matter be paid/delivered to
court CONVERSION: PETITION FOR DECLARATORY RELIEF to
ORDINARY ACTION

Cha Mendoza_ Special Civil Actions

SUMMONS: served w/ copy of complaint + order to interplead -breach or violation took place
-parties shall be allowed to file pleadings as may be necessary
MTD allowed
-file w/n time for filing answer (15d from service)
-grounds:
a. impropriety of interpleader R64. REVIEW OF JFOR OF
b. other appropriate grounds under R16
-period to file answer TOLLED by MTD
COMELEC AND COA
-if MTD DENIED: may still file answer w/n the remaining period SCOPE: JFOR of COMELEC AND COA (duh?!)
but not less than 5d from NOTICE OF DENIAL
MODE: PETITION FOR CERTIORARI UNDER R65 TO SC
ANSWER (directly or after notice of denial of mtd)
-w/n 15d from service TIME TO FILE: w/n 30d from NOTICE of JFOR
-set forth claim -if filed MNT/MFR (if allowed): would TOLL period to file
-responded to by a reply petition
-FAILURE TO FILE ANSWER: …if MNT/MFR DENIED, may still filed petition w/n remaining
>motion to declare in default period (but 5d always from date of NOTICE OF DENIAL)
>judgment: bar claimant from any claim in respect to the
subject matter!!! PAY docket and other lawful fees + deposit P500

NO pleadings prohibited (not a summary proceeding) FORMS AND CONTENTS:

-verified
DETERMINATION OF RESPECTIVE RIGHTS AND ADJUDICATION -in 18 LEGIBLE copies
OF CLAIMS -contents:
-after pleadings filed 1. name of aggrieved party (petitioner)
-after pretrial conducted 2. name of respondent (COMELEC/COA and person interested
in sustaining JFOR)
DOCKET FEES, lawful fees, litigations expenses – lien upon 3. facts w/ certainty
subject matter of the action 4. issues presented clearly
5. grounds and brief arguments
6. PRAYER: annulment/modification of JFOR
7. ACCOMPANIED BY (photocopies for the other requisite
R63. DECLARATORY RELIEF copies):
WHO MAY FILE: any person a. clearly legible duplicate original/ctc of JFOR
1. Interested under a deed, will, contract or other b. CTC of material portions of the record
written instrument c. other relevant and pertinent docs
2. Whose rights are affected by a 8. specific material dates showing that it was filed w/n period
statute/EO/regulation/ordinance/any other fixed
governmental regulation 9. sworn CNFS
WHEN: before breach/violation 10. proof of service of copy on COMELEC/COA and adverse
WHERE: RTC party
WHY: 11. proof of timely payment of docket and other lawful fees
1. To determine any question of construction or validity *FINDINGS OF FACT: if supported by substantial evidence:
2. Declaration of rights and duties underwhich FINAL AND NONREVIEWABLE
INCLUDES: -FAILURE TO COMPLY W/ FORMAL REQUIREMENTS: ground for
1. Action for reformation of an instrument dismissal!
2. Action to quiet title to real property
3. Action to remove clouds from property Then SC would
4. Action to consolidateownership a. ORDER TO COMMENT
(in all other cases, court may refuse to exercise power to -SC finds that petition is sufficient in form and substance
declare rights and to construe instruments IF: -SC would then order respondents to file COMMENT
a. Decision would not terminate -period to file COMMENT: w/n10d from NOTICE
uncertainty/controversy (more on comment later)
b. Declaration/construction not necessary and proper)
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b. DISMISS OUTRIGHT 4. VERIFIED petition

-not sufficient in form and substance (e.g. kulang required 5. In the proper court (SC, CA, RTC)
formalities) 6. Allege facts w/ certainty
-filed manifestly for delay 7. PRAY that
-questions raised are too unsubstantial to warrant further
proceedings a. judgment be rendered commanding the
Comment respondent to DESIST from further proceedings
-filed in 18 copies in the action/matter specified therein
-original accompanied by: b. incidental reliefs as law and justice may require
a. CTC of material portions of record 8. ACCOMPANIED BY:
b. supporting papers a. CTC of JOR subject
-sa copies: plain copies na lang
b. Copies of all pleadings and documents
LIMIT ON PLEADINGS: PETITION AND COMMENT lang unless RELEVANT and PERTINENT
court orders c. Sworn CNFS

EFFECT OF FILING of PETITION: R65.3 PETITION FOR MANDAMUS

Cha Mendoza_ Special Civil Actions

GR: shall not stay execution of JFOR
X: SC says so REQUISITES

SUBMISSION FOR DECISION 1. WHO: TBOAC

If none of these required or after these complied w/ (or after
2. WHEN:
expiration of period to do the same)
a. Sets case for oral arguments a. Unlawfully neglects the performance of an
b. Requires parties to submit memoranda act w/c the law specifically enjoins as a duty
resulting from an office, trust, or station
b. Unlawfully excludes another from the use
and enjoyment of a right or office to w/c
such other is entitled
R65: CPM 3. No other PSA (no appeal, no case yet) in the ordinary
course of law
R65.1 PETITION FOR CERTIORARI 4. VERIFIED petition
Requisites: 5. In the proper court (SC, CA, RTC)
1. WHO: TBO (tribunal, board or officer) exercising 6. Allege facts w/ certainty
JUDICIAL or QJ functions 7. Pray that
2. WHAT: a. Judgment be rendered COMMANDING the
a. Acted w/o jurisdiction respondent, immediately or at some other
b. Acted in excess of its jurisdiction time specified by the court, to do the act
c. Acted w/ GADALEJ required to be done TO PROTECT THE
3. No appeal, nor any PSA (Plain, Speedy, Adequate) RIGHTS OF THE PETITIONER
remedy in the ordinary course of law b. Pay DAMAGES sustained by the petitioner
4. VERIFIED petition by reason of the wrongful acts of the
5. Before the proper court (SC, CA, RTC) respondent
6. Allege facts w/ certainty 8. ACCOMPANIED BY CNFS
7. PRAYER: Either
a. Annul
b. Modify the PROCEEDINGS of TBO
CMP in general
c. Grant incidental reliefs WHEN FILED: NOT later than 60d from
8. Accompanied by: >NOTICE of JOR
a. CTC of Judgment/order/resolution >from the NOTICE OF DENIAL OF MFR/MNT
b. Copies of all the pleadings and docs relevant and
pertinent
c. Sworn CNFS *PROPER COURT:
1. SC
2. RTC: (w/c has jurisdiction over the territorial area…acts or
R65.2 PETITION FOR PROHIBITION omissions of a
Requisites: +Lower court (MTC…)
1. WHAT: Proceedings of any TCBOP (tribunal, +CBOP
corporation, board, officer, person), whether 3. CA: WON in aid of its appellate jurisdiction
exercising J/QJ/ministerial functions + acts or omissions of QJA (unless otherwise provided)
2. GROUNDS proper 4. Sandiganbayan: IN AID of its appellate jurisdiction
a. Acted w/o jurisdiction
b. Acted in excess of jurisdiction EXTENSION OF TIME:
c. Acted w/ GADALEJ GR: BAWAL
3. No appeal or any other PSA in the ordinary course of X: compelling reason, MAX 15d
law

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*if PETITION relates to acts or omissions of J/C/QJA/TCBOP

…petitioner should join PRIVATE RESPONDENT/S w/ PUBLIC
RESPONDENTS
…PRIVATE RESPONDENTS has duty:
>to appear
>to defend
>to pay costs awarded to petitioner (public respondents don’t
pay)

….PUBLIC RESPONDENTS
>merely nominal parties
(unless directed by the court, even on appeal)
>shall not appear
>shall not file an answer/comment

Cha Mendoza_ Special Civil Actions

IF SUFFICIENT IN FORM AND SUBSTANCE to justify the
process: Court issue ORDER:
…COMMENT w/n 10d fr receipt of a COPY OF ORDER (NOT
MTD!)
…served on RESPONDENTS w/
>COPY of petition
>annexes
...SUFFICIENT IN FORM: 18 copies if before SC and CA
…after COMMENT: file REPLY and other responsive pleadings
if gusto ng court

INJUNCTIVE RELIEFS
*orders expediting the proceedings
*TRO (to INTERRUPT the PROCEEDINGS – if no TRO,
proceedings would still go on even w/ petition filed)
*WPI for preservation of rights of parties pending proceedings
R66. QUO WARRANTO
HEARING GROUNDS: usurpation of a public office, position or franchise
WHEN: NOT:
1. After comment/other pleadings required by court are a. Action for ouster fr office (unless commenced w/n 1yr
filed after the cause of the ouster/right of petitioner
2. Time for filing COMMENT/other pleadings EXPIRED b. Action for damages unless commenced w/n 1yr after
WHAT: court entry of judgment establishing petitioner’s right
1. hear case OR PETITIONER: RP
2. may require parties to submit MEMORANDA RESPONDENT:
JUDGMENT a. Person who usurps, intrudes into, unlawfully
1. GRANT if holds/exercises a public office/position/franchise
>WHEN:
b. Public officer who does/suffers an act = ground for
a. after hearing or submission of memoranda
forfeiture of his office
b. after expiration of PERIOD for filing memo
>GROUNDS: allegations of the petition are TRUE c.Association acting as a corporation w/n RP
2. DISMISS …w/o being legally incorporated OR
 Patently w/o merit …w/o lawful authority to so act
 Prosecuted manifestly for delay WHO COMMENCES:
a. SOLGEN/PUBLIC PROSEC
 Questions raised are TOO UNSUBSTANTIAL to
b. SOLGEN/PUBLIC PROSEC at the request of another
require consideration
c. Person claiming to be entitled to the office/position
>serve CERTIFIED COPY of JUDGMENT to PRIVATE AND PUBLIC
USURPED/UNLAWFULLY HELD
respondents
>DISOBEDIENCE: punished as CONTEMPT
WHEN:
>EXECUTION: damages and cost – follow R39.1
a. When DIRECTED by President of RP
b. When upon complaint/otherwise SOLGEN/PUBLIC
PROSEC has good reason to believe that any case
specified in the proceeding can be established by
proof
c. WITH PERMISSION FO THE COURT (W/ LEAVE OF
COURT?) if to be commenced at the request and
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AY 2008-2009

upon the relation of another person – b. OBSCURE/doubtful, plaintiff cannot w/ accuracy or certainty
SOLGEN/pubprosec may 1st require INDEMNITY for specify who are the real owners
expenses and costs
HEARING: COURT will WHEN PLAINTIFF COULD TAKE/ENTER POSSESSION
>upon application (when w/ permission of court): DIRECTS 1. File complaint/anytime after
NOTICE to respondent 2. Give DUE NOTICE TO DEFENDANT
>if permission approved: issue ORDER to RESPONDENT 3. Deposits w/ authorized government depository
…serve copies to ALL INTERESTED a. IF REAL PROPERTY INVOLVED
…amount: ASSESSED VALUE OF PROPERTY FOR
CONTENTS OF PETITION PURPOSESE OF TAXATION
*if vs. person ururping a public office: …IN MONEY (unless court authorizes CERTIFICATE OF
a. name of the person claiming to be entitled to the position DEPOSIT OF A GOVT BANK OF RP PAYABLE ON
b. aver right to the position DEMAND TO AUTHORIZED GOVT DEPOSITORY)
c. aver that respondent is unlawfully in possession b. IF PERSONAL PROPERTY INVOLVED
VALUE: provisionally ascertained, fixed by court

Cha Mendoza_ Special Civil Actions

VENUE 4. After DEPOSIT, court ORDER sheriff/proper officer to
if SOLGEN: RTC in City of Manila/CA/SC place plaintiff in possession of property
If not SOLGEN: SC/CA/RTC exercising jurisdiction over 5. Sheriff would place plaintiff in possession
territorial area where RESPONDENT resides 6. Sheriff would submit a report to court, serving copies
to ALL PARTIES
PERIOD: court would provide (consider expediting the
proceeding) – may be given precedence ACTION OF DEFENDANT
A. NO OBJECTION/DEFENSE TO THE ACTION
JUDGMENT for usurpation: FILE and SERVE:
a. Respondent be ousted + excluded from position a. Notice of appearance
b. Petitioner recover costs b. Manifestation of appearance
i. Vs. petitioner/relator Contents: specify property in which he claims to
ii. Respondent be interested
iii. Person/s claiming to be a corporation PERIOD TO FILE: w/n time specified in the
iv. May apportion cost summons
c. May Determine respectiverights in and to the public Effect: DEFENDANT entitled to NOTICE of all proceedings
office… affecting his claim
PETITIONER: B. W/ OBJECTION/DEFENSE
a. Take oath of office Serve ANSWER
b. Execute official bond PERIOD: w/n time specified in the summons
c. Take upon himself the execution of the office CONTENTS:
d. May demand from respondent the books and papers 1. Specifically designate/identify property in w/c he
in his custody /control appertaining to the office claims to have an interest
e. IF RESPONDENT REFUSE: file petition for contempt 2. Nature and extent of interest claimed
f. May bring action for damages sustained by reason of 3. All objections and defenses to the taking of his
usurpation property
*NOTE: BAWAL ANG:
>counterclaim
>cross-claim
R67. EXPROPRIATION >TPC
*if not alleged: WAIVE OBJECTIONS AND
FIRST: Determine WON plaintiff has right to DEFENSES
expropriate for public use or purpose BUT…court may allow amendment of answer
COMPLAINT w/n 10d from FILING of answer (so w/leave of
-VERIFIED court?)
-CONTENTS: state w/ certainty *ANSWER NOT REQUISITE for trial of the issue of
1. right to expropriate JUST COMPENSATION:
2. purpose for expropriation a. may present evidence as to AMOUNT of
3. description of the real/personal property to be expropriated COMPENSATION TO BE PAID for his property
4. show interest of all defendants b. may share in the distribution of the award
-join as DEFENDANTS ALL persons ORDER OF EXPROPRIATION: when issued
…owning a. Objections to and defenses against RIGHT OF
…claiming to own expropriation OVERRULED
…occupying any part/interest thereof b. NO party appears to defend
5. aver details of titleif TITLE CONTENTS of ORDER OF EXPROPRIATION
a. in RP but OCCUPIED by private individuals

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1. Declare that plaintiff has lawful right to expropriate Consequential damages: damages to the property
for the public use/purpose described in the not taken
complaint… Consequential benefits: derived by the OWNER (of
2. Upon payment of JUST COMPENSATION (so declare the property to be taken) from
lang na may right to expropriate, can’t take it yet!) …public use/purpose of the property taken
…determined as of DATE of (WHICHEVER COMES …operation of its franchise by the corporation
FIRST) …carrying on of the business of the corporation or
> TAKING OF PROPERTY OR person taking the property
> FILING OF THE COMPLAINT LIMITATIONS:
1. Consequential benefits should not exceed
APPEAL of FOrder SUSTAINING RIGHT TO EXPROPRIATE Consequential damages
…BUT does not stay the DETERMINATION OF JUST 2. Owner should not be deprived of ACTUAL VALUE
COMPENSATION of property so taken

AFTER RENDITION OF ORDER (rendition: service of order to REPORT OF COMMISSIONERS

Cha Mendoza_ Special Civil Actions

parties): A. Partial report
GR: plaintiff can’t DISMISS or DISCONTINUE proceeding -court may ORDER commissioners to report when
X: just and equitable any particular portion of the real estate has been
passed upon by the commissioners
-court may direct JUDGMENT upon such partial report
SECOND: Ascertain value of JUST B. Full and accurate report
COMPENSATION CONTENTS: All the proceedings before the
WHEN: after RENDITION OF FOrder OF EXPROPRIATION commissioners
APPOINTMENT OF COMMISSIONERS …Proceedings ONLY EFFECTUAL UNTIL COURT accept report +
-max: 3 render judgment in accordance w/ their recommendation
-should be disinterested …FILING OF REPORT:
-TASK: GR: w/n 60d from date the commissioners were notified of
a. ascertain just compensation their appointment
b. report to the court X: extended

ORDER OF APPOINTMENT OF COMMISSIONERS …after report FILED: COC serve copies of the report of the
1. Specify the commissioners commissioners to all parties interested
2. Designate time and place of 1st session OBJECTIONS TO THE REPORT: w/n 10d from service to file
OBJECTIONS
3. Specify time w/n w/c report shall be submitted to
court (DEADLINE for commissioners – 60d (unless ACTION OF THE COURT
extended) from notification of commissioners of their When:
appointment sa Sec7!) 1. Upon expiration of 10d period to file objections
…copies of order served on parties 2. Before 10d after all interested parties filed
…if there are OBJECTIONS TO THE APPOINTMENT OF THE objections/statement of agreement
COMMISSIONERS: 3. After hearing
>File w/n 10d from SERVICE
>resolved w/n 30d after all commissioners received copies of Court could:
objections 1. Accept the report and render judgment in
accordance therewith
PROCEEDINGS OF COMMISSIONERS 2. For cause shown: recommit same to commissioners
Before entering performance: for further report of facts
1. TAKE AND SUBSCRIBE AN OATH that they will 3. Set aside report of commissioners, appoint new
faithfully perform their duties commissioners
2. File w/ court THE OATH 4. Accept report in part, reject it in part
After oath-taking 5. AND make such order/judgment as shall secure to
3. Presentation of evidence the
…commissioners authorized to administer oaths on …plaintiff the property essential to the exercise of
hearings his right to expropriation
4. VIEWING AND EXAMINATION OF PROPERTY SOUGHT …defendant just compensation for the property so
TO BE EXPROPRIATED taken
…w/due notice to all parties to attend
...commissioners may measure property IF
X: parties consent to the contrary …OWNERSHIP UNCERTAIN
5. Parties argue the case …CONFLICTING CLAIMS TO ANY PART OF THE PROPERTY
6. Commissioners assess CONSEQUENTIAL DAMAGES Awarded sum may be ordered to be paid to the court for the
and BENEFITS benefit of the person adjudged to be entitled
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AY 2008-2009

*PAYMENT ALWAYS REQUIRED

R69 PARTITION
…to the court or the person awarded WHO MAY FILE: person who has right to compel partition of
…before the plaintiff may real estate
a. Enter the property CONTENTS OF COMPLAINT:
b. Retain it for public use or purpose, if entry already 1. Nature and extent of title
made 2. adequate description of the real estate of which partition is
demanded
RIGHTS OF PLAINTIFF after the judgment and payment 3. join ALL other persons interested in the property as
1. Right to enter upon the property defendants
2. Right to appropriate it for the public use or purpose
defined in the judgment ORDER OF PARTITION
3. Right to retain it (if already in possession) When issued:
-after trial
WHEN DEPOSIT to court = payment -court finds that plaintiff has right thereto

Cha Mendoza_ Special Civil Actions

1. Defendant/counsel absent themselves from the court -then:
2. Defendant/counsel decline to receive the amount a. parties may partition among themselves by proper
tendered instruments of conveyance then COURT WOULD CONFIRM the
partition so agreed
APPEAL … partition would be RECORDED in the registry of deeds
…shall not delay rights of defendant to expropriate -appealable
…if appellate court decide that plaintiff has NO RIGHT TO b. parties may not agree: so COURT shall appoint max 3
EXPROPRIATION: judgment rendered: competent and disinterested commissioners to make partition
a. Enforce the restoration to the defendant of the …commissioners would set off to plaintiff and to each party
possession of the property such part and proportion of the property as the court shall
b. Determine damages w/c defendant sustained and direct
may recover
SO PAG MAY COMMISSIONERS
COSTS 1. Take and subscribe oath that they will faithfully
*fees of the commissioner: taxed as part of the costs of the perform their duties as commissioners
proceedings 2. File Oath to court
*all costs (except those of rival claimants litigating their 3. Commissioners would view and examine the real
claim): paid by plaintiff estate
X: judgment APPEALED, judgment of lower court affirmed After due notice to the parties to attend at such view
…cost of APPEAL paid by owner who appealed and examination
4. Commissioners would hear parties as to their
RECORDING of JUDGMENT *preference in the portion of the property
Contents of judgment: state definitely by an adequate *comparative value
description 5. Commissioners would then SET APART the properties
1. Particular property/interest therein expropriated to the parties in lots or parcels as will be most
2. Nature of the public use or purpose for which it is ADVANTAGEOUS AND EQUITABLE
expropriated Consider:
If Real estate Expropriated: certified copy of judgment *improvements
RECORDED in registry of deeds of place where property is *situation
situated *equality of different parts
>effect of recording: vest in plaintiff TITLE to real property OR, instead of apportioning the properties among the heirs,
the commissioners may instead ASSIGN to an heir or SELL the
POWER OF GUARDIAN property in a public sale
…should be w/ approval of the court WHEN? It is made to appear to the commissioners that the
…may represent ward respecting expropriation for public use real estate, or a portion thereof, CANNOT BE DIVIDED W/O
or purpose (do acts w/c the ward may do in such proceedings PREJUDICE TO THE INTERESTS OF THE PARTIES
if he were of age or competent) 1. Assignment to one of the parties
-by court order
-party should pay the amounts ast he commissioner
*note: in the case ofBRGY SAN ROQUE VS. HEIRS OF deem EQUITABLE
PASTOR, it was held that expropriation proceedings, being 2. Public sale
incapable of pecuniary estimation, are under the RTC always -if, instead of assigning it to one, one of the parties
(regardless of assessed value of the property) ask that it be sold instead
-court would impose conditions

REPORT OF COMMISSIONERS
-full and accurate report

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-contents: ---whatever happens, CERTIFIED COPY OF THE JUDGMENT

a. proceedings as to the partition SHALL BE RECORDED in the registry of deeds
b. assignment to one of the parties OR EXPENSES of recording: part of the costs
c. sale
-filed before the court *respect PARAMOUNT RIGHTS
-copies served on ALL INTERESTED PARTIES *parties holding real estate jointly or in common may still
…interested parties may file OBJECTIONS w/n 10d from enter amicable partition w/o recourse to an action
SERVICE OF NOTICE
*no transfer of title until court ACCEPTED REPORT + PARTITION OF PERSONAL PROPERTY included: partitions of
RENDERED JUDGMENT estates!

ACTION OF COURT
WHEN R70. FORCIBLE ENTRY AND
-upon expiration of 10d OR
-before 10d BUT AFTER parties submitted UNLAWFUL DETAINER

Cha Mendoza_ Special Civil Actions

objections/statement of agreement
COURT COULD who may file:
1. Accept the report + render judgment in accordance 1. Person deprived of possession of any land or building
therewith BY FITSS (FORCE, INTIMIDATION, THREAT, STRATEGY,
2. For good cause shown: recommit the same to the OR STEALTH)
commissioners for further report on the facts
2. Lessor/vendor/vendee/other person against whom
3. Set aside report + appoint new commissioners
the possession of any land or building is unlawfully
4. Accept in part, reject in part
w/held AFTER THE EXPIRATION/TERMINATION OF THE
5. AND make such order + render judgment as shall
RIGHT TO HOLD POSSESSION (by virtue of a conrtact)
effectuate a fair and just partition of the real estate
When: anytime w/n 1yr AFTER
ACCOUNTING FOR RENT AND PROFITS: party shall recover just
1. Unlawful deprivation
share of rents and profits received by such other party from
2. Unlawful w/holding of possession
the real estate in question
COURT: MTC
…judgment would include allowance for rents and profits
RELIEF: restitution of possession + damages + costs
POWER OF GUARDIAN
CONDITION PRECEDENT:
-should be w/ court approval
-represent ward (do acts that the ward may do if he were of 1. Demand to pay/comply w/ conditions of lease OR
age or competent) 2. Serving WRITTEN NOTICE to person found on the
premises OR
COST and EXPENSES 3. IF NO PERSON FOUND: by posting notice on the
-tax and apportion equitably between and among parties premises
-execution may issue as in other cases …if lessee fails to comply w/n
*15d: land
JUDGMENT AND EFFECTS *5d: building
…if ACTUAL PARTITION PROCEEDINGS:
-judgment shall state: GR: by summary procedure
1. metes and bounds of the property X:
2. adequate description of the property 1. Covered by Agricultural tenancy laws
3. particular portion of the real estate assigned to each paryt 2. Law expressly provides it
-EFFECT: vest in each party in severalty the portion of the real
estate assigned to him PLEADINGS ALLOWED:
…if WHOLE PROPERTY ASSIGNED TO 1 PARTY 1. Complaint
-Judgment shall state: 2. Compulsory counterclaim in ANSWER
1. fact of payment 3. Cross claim in ANSWER
2. fact of assignment of property *pleadings should be VERIFIED
-effect: vest in party making payment the whole of the real
estate free from any interest on the part of the other parties PLEADINGS NOT ALLOWED: PARA MAS MADALI, MEMORIZE
…if the PROPERTY SOLD IN PUBLIC AUCTION, SALE PLEADINGS ALLOWED!
CONFIRMED BY COURT
-judgment shall state: ACTION of court
1. name of purchaser 1. Examine allegations in the complaint + evidence
2. definite description of the parcels of real estate sold to attached
each purchaser (so pede marami nakabili) 2. Then
-effect: vest title to the purchasers making payment, free a. DISMISS case outright: on GROUNDS FOR
from claims of any of the parties DISMISSAL APPARENT THEREIN
b. Issue summons: no ground for dismissal
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*IF COURT CLARIFY MATTERS, issue ORDER specifying matters

ANSWER to be clarified + parties submit affidavits and other evidence
-FILE & SERVE w/n 10d from SERVICE OF SUMMONS w/n 10d from receipt of ORDER: render judgment
-affirmative and negative defenses …w/n 15d after receipt of last affidavit OR
GR: not pleaded: waived …expiration of period for filing the same
X: lack of jurisdiction over the subject matter
-cross claims and compulsory counterclaims: not asserted = REFERRAL FOR CONCILLATION: if required
considered barred -dismiss action, REVIVE ONLY AFTER REQIURED CONCILIATION
Anwer to crossclaims and compulsory counterclaims: file w/n complied w/
10d from SERVICE OF ANSWER
AFFIDAVITS:
EFFECT OF FAILURE TO ANSWER -state only facts o DIRECT PERSONAL KNOWLEDGE OF THE
-court AFFIANTS
>motu proprio …admissible in evidence
>OR on motion of the plaintiff -show competence to testify

Cha Mendoza_ Special Civil Actions

…render JUDGMENT as may be warranted by the facts, limited *if failed to state personally known facts and competence,
by what is prayed for 1. PARTY/COUNSEL may be subject to disciplinary action
-court may reduce amount of damages and atty’s fees 2. affidavit may be expunged from the record

PRELIMINARY CONFERENCE PRELIMINARY INJUNCTION

-not later than 30d after last answer -may be granted in accordance w/r58
-follow rules on pretrial -prevent defendant from committing further acts of
IF PLAINTIFF FAILS TO APPEAR: dispossession
-dismiss complaint PRELIMINARY MANDATORY INJUNCTION to restore plaintiff in
-defendant who appears shall be entitled to judgment on his possession
counterclaim -filed w/n 5d from filing complaint for ejectment
-ALL COUNTERCLAIMS dismissed -decided by court w/n 30d from filing
IF SOLE DEFENDANT FAILS TO APPEAR:
-plaintiff would be entitled to judgment OWNERSHIP ISSUE
IF 2+ defendants sued UNDER A COMMON COA + pleaded -if raised and question of possession cannot be resolved w/o
COMMON DEFENSE1 absent: NO DEFAULT deciding issue of ownership, issue of ownership resolved only
*no postponement of preliminary conference to determine the issue of possession
X:
-highly meritorious grounds JUDGMENT
-w/o prejudice to such sanctions as the court may exercise …if courts find that the allegations in the complaint are TRUE:
judgment in favor of plaintiff
RECORD of PRELIM CONFERENCE -for restitution of the premises
-w/n5d after termination -award:
-issued by the court a. sums due as arrears/reasonable compensation for use and
-states matters taken up, like: occupation
1. WON entered into amicable settlement b. attys fees
2. stipulations/admissions entered c. costs
3. WON based on stipulations/admissions, judgment may be …if NOT TRUE: judgment for defendant
rendered w/o need of further proceedings – judgment -recover costs
rendered w/n 30d from issuance of order -if w/counterclaim: established: court render judgment for
4. material facts still controverted sum found in arrears…
5. other matters intended to expedite the disposition of the *W/RE ISSUE OF OWNERSHIP: JUDGMENT CONCLUSIVE w/
case respect to possession only, NOT A BAR bet same parties
respecting title to the land or building
SUBMISSION OF AFFIDAVITS & POSITION PAPERS
-w/n 10d from receipt of ORDER containing record of prelim APPEALS of judgment: MTC -> RTC
conference -based on
-parties would submit a. ENTIRE RECORD
1. affidavits of witnesses b. memoranda/briefs submitted by parties or required by RTC
2. other evidence on the factual issues PRELIMINARY MANDATORY INJUNCTION IN CASE OF APPEAL
3. position papers: set forth facts and law relied upon -w/n 10d from perfection of appeal to RTC
-issued by RTC
PERIOD for rendition of judgment: -restore plaintiff in possession
…w/n 30d after receipt of affidavits and position papers OR -grounds:
…expiration of 30d period 1. appeal is frivolous or dilatory
2. appeal OF PLAINTIFF is prima facie meritorious

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 CIVPRO REVIEWER_Leonen
AY 2008-2009

EXECUTION: -w/charge in writing filed

GR: immediately executor -w/ opportunity to comment and be heard
X: (HOW TO STAY EXECUTION) -GROUNDS: MDAIASR
1. Appeal perfected 1. misbehavior in performance of official duties
2. defendant files SUFFICIENT SUPERSEDEAS BOND 2. disobedience of/resistance to a lawful
-approved by MTC writ/process/order/judgment of court
-executed in favor of plaintiff to pay rents, damages 3. abuse of/any unlawful interference w/ processes and
and costs accruing from time of judgment proceedings of court not constituting DIRECT CONTEMPT
3. defendant deposits to the court (pending appeal) the 4. improper conduct tending to impede/obstruct/degrade
…(w/contract) amount of rent due fr time under administration of justice
contract OR 5. assuming to be an attorney/officer of a court, w/o authority
…(w/o contract) reasonable value of the use and 6. failure to obey subpoena duly served
occupation of the premises for the preceeding 7. rescue, attempted rescue of person/property in the custody
month/period, at the rate determined by lower court of an officer
judgment

Cha Mendoza_ Special Civil Actions

…on or before 10th day of each succeeding month -how commenced:
-deposit amounts w/ *motu proprio by court against w/c contempt was committed
>court *any formal charge – VERIFIED PETITION
>authorized gov’t depositary bank -order respondent to show cause why he should not be
-held there until final disposition of appeal punished for contempt
-if defendant FAILS TO PAY abovementioned payments: Other formalities:
execution may be ordered – but appeal not barred 1. verified nga
>upon motion of plaintiff 2. supported by
> + proof of failure to pay a. particulars
b. CTC of docs, papers involved
DECISION ON APPEAL by RTC: 3. comply w/ requirements for filing initiatory pleadings
-dispose amounts deposited in accordance w/ the RTC -if arose out of/related to a PRINCIPAL ACTION pending
decision …petition shall be docketed, heard and decided
-immediately executory Gr: SEPARATELY
-may still be appealed (but no provision as to supersedeas X: court orders consolidation (no motion needed, discretionary
bond to stay execution... so talagang executory na) upon court)

WHERE TO FILE
R71. CONTEMPT vs. RTC/officer appointed by it: w/ RTC
Vs. lower court: w/RTC in place where lower court is sitting or
DIRECT CONTEMPT w/ lower court, subject to appeal to RTC
Grounds:
1. misbehavior in the presence of the court HEARING: release on bail
2. misbehavior so near a court as to obstruct/interrupt -if no hearing: may release respondent on BOND (conditioned
proceedings before the same: on appearance of respondent if may hearing na)
a. disrespect toward the court -hearing day: court investigate charge, consider any
b. offensive personalities toward others comment, testimony, defense
c. refusal to be sworn or to answer as a witness
d. refusal to subscribe an affidavit or deposition PUNISHMENT FOR INDIRECT CONTEMPT
when lawfully required vs. RTC +
-summarily adjuged 1. fine: P30k max
-penalty: 2. imprisonment: 6m max
IF RTC+ or both
1. fine: max P2k vs. lower court
2. imprisonment: max 10d 1. fine: P5kmax
Or both 2. imprisonment: 1m max
IF lower court or both
1. fine: P200 max *WOE issued for the fine
2. imprisonment: 1d max
or both if violation of a
-REMEDY: not appeal but CERTIORARI/PROHIBITION ..writ of injunction
…execution: suspended pending resolution of petition + bond …tro
filed (condition: petitioner will abide by and perform …status quo order
judgment) -order to make restitution to party injured

INDIRECT CONTEMPT
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 CIVPRO REVIEWER_Leonen
AY 2008-2009

If violation: refusal/omission to do an act yet in the power of

respondent to perform: imprisonment by order of court until
he performs it

IF RESPONDENT RELEASED ON BOND AND FAILS TO APPEAR:

Court may
-issue another order of arrest
-order bond forfeited and confiscated
Or both

ORDER OF RELEASE
-may be issued when it appears that public interest would not
be prejudiced by his release

J/FOR of indirect contempt: appealable

Cha Mendoza_ Special Civil Actions

-execution NOT SUSPENDED BY APPEAL
…how to suspend: file BOND

CONTEMPT MAY BE APPLIED TO QUASI-JUDICIAL AGENCIES

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