Special Civil Actions 1/11

Finals Reviewer

A legal remedy where a person possesses a personal or real property or an obligation to render wholly or partially but does not claim any right thereto and he comes
to court and ask that the claimants to said property or to such obligation be required to litigate among themselves to determine finally who is entitled to one or the
other

Form and
Purpose/s Requisites When to File Who May File Where to File How Initiated Grounds
Contents
To afford 1. Plaintiff claims no Within a Any person who, MTC By filing a
protection interest in the reasonable time without claiming a. Personal complaint for
against double subject matter or after the dispute any right thereto: property < P300k, interpleader
vexation in his interest is not has arisen without or < P400k in MM;
respect to one disputed; waiting to be sued 1. Possesses b. Real property < Therefore, it is an
liability by either one of personal or real P20k, or < P50k in original action.
2. There are at least the contending property, or MM.
Rule 62 two or more parties.
Interpleader conflicting 2. Has an obligation RTC
claimants upon the Otherwise, barred to render wholly a. Personal
same subject by laches or or partially property > P300k,
matter; undue delay. without claiming or > P400k in MM;
Interpleader is no any right thereto. b. Real property >
3. The parties to be longer available. P20k, or > P50k in
interpleaded must MM.
make effective * somebody not
claims; and involved in the
controversy
4. The subject matter between the
must be one and conflicting
the same. claimants

Court to order Court to

Docket fees
the parties to
Service of
Claimants determine
and
interplead and may file the rights of
Complaint summons, expenses
the subject either an the parties
is filed in with copies Pre-trial shall be
court matter be answer or a and
delivered to of the included in
motion to adjudicate
court complaint
dismiss their claims
the judgment








 Special Civil Actions 2/11

Finals Reviewer

An action by any person interested in a deed, will, contract or other written instrument, executive order or resolution, to determine any question of construction or
validity arising from the instrument, executive order or regulation, or statute, and for the declaration of his rights and duties thereunder

Form and
Purpose/s Requisites When to File Who May File Where to File How Initiated Grounds
Contents
To determine 1. There must be a Before breach or Any person: RTC has exclusive By way of filing a
any question of justiciable violation of the original jurisdiction. petition for
construction or controversy; deed, will, contract 1. Interested under declaratory relief
validity arising or other written a deed, will, X (directly to SC): and other similar
from the 2. The controversy instrument, or contract, or remedies
instrument, must be between statute, executive written 1. Involving legality
Rule 63 executive order persons whose order or instrument; of the imposition
Declaratory or regulation, or interest are regulation, of VAT on toll
Relief and statute, and for adverse; ordinance or any 2. Whose rights are fees as
other Similar the declaration other affected by a prohibition; or
Remedies of his rights 3. The party seeking governmental statute,
and duties declaratory relief regulation executive order 2. Involving the
(Reformation thereunder; must have legal or regulation, definition of
of instrument, interest in the Not available: ordinance, or “capital” in Sec.
Quieting of To adjudicate controversy; and 1. to obtain judicial any other 11, Art. XII,
and determine declaration of governmental Const. as
Title, and citizenship
Consolidation the rights of the 4. The issue involved 2. to establish regulation mandamus.
of Ownership) parties; must be ripe for illegitimate filiation
judicial and determine
To clarify some determination. hereditary rights * Quieting of title
3. to resolve a political
uncertainties question or issue
can be entertained
with respect to 4. when assailed by the MTC, in
the obligations ordinance is not accordance with
of parties under ambiguous the jurisdictional
5. to seek an advisory
a contract amounts.
opinion on moot
decision
6. when plaintiff has
no interest in the
questioned law or
ordinance

If involving validity of statute, EO,

All persons or regulation, or
unconstitutionality of ordinance, Dismiss the petition motu proprio or upon motion
who have a
Petition is claim or notify the Solicitor-General
filed in court interest shall Grant the petition and issue declaratory judgment
be made If involving validity of local
parties government ordinance, notify
the prosecutor or attorney of the Convert the action into ordinary action
LGU
 Special Civil Actions 3/11

Finals Reviewer

Governs the review of judgments and final order or resolutions of the Commission on Elections and the Commission on Audit

Purpose/s Requisites When to File Who May File Where to File How Initiated Grounds Form and Contents
Within thirty (30) Any person To the Supreme By way of filing Grave abuse 1. Petition must be
days from notice aggrieved by the Court a petition for of discretion verified and filed
of the judgment judgment, final certiorari in five (5) legible
or final order or order, or resolution copies if to be
resolution sought of the COMELEC or heard by division,
to be reviewed COA ten (10) if by the
en banc.
* If a motion for 2. The petition shall
new trial or state the specific
Rule 64 reconsideration is material dates,
Review of filed, the period is the facts and
Judgments, interrupted. If issues, the
Final Orders denied, aggrieved grounds and brief
and party may file the arguments relied
Resolutions of petition within the upon, and the
the COMELEC remaining period, prayer for
and COA which shall not be judgment.
less than five (5) 3. Petitioner is the
days. aggrieved party.
Respondent is
* Fresh period the Commission
rule will not apply. concerned.
4. Petition shall be
accompanied by
a copy of the
judgment or final
order.
5. Sworn
certification of
non-forum
shopping

Verified Dismiss
petition + Supreme No comment
payment of Court within 10 days
docket fees Require the
Oral arguments Decision
respondent
to comment Comment
 Special Civil Actions 4/11

Finals Reviewer

Certiorari is a prerogative writ issued by a superior court to an inferior court, board or officer exercising judicial or quasi- judicial functions whereby the record of a
particular case is ordered to be elevated for review and correction in matters of law.
Prohibition is a legal remedy available to prevent inferior courts, or other tribunals, corporations, boards, officers, or persons, from usurping or exercising a jurisdiction
with which they have not been vested by law, to prevent the unlawful and oppressive exercise of legal authority and to provide for a fair and orderly administration of
justice.
Mandamus is a command issuing from a court of law of competent jurisdiction, in the name of the state or sovereign, directed to some inferior court, tribunal, or board,
or to some corporation or person, requiring the performance of a particular duty therein specified, which duty results from the official station of the party to whom the
writ is directed, or from operation of law.
When to How Form and
Purpose/s Requisites Who May File Where to File Grounds
File Initiated Contents
Certiorari is a Certiorari: Within sixty Certiorari: May be filed in By way of Grave 1. Petition
remedy designed 1. A tribunal, board, or officer exercising (60) days Any person the: filing a abuse of must be
for the correction judicial or quasi-judicial functions; from notice aggrieved by the 1. Supreme Court; petition for discretion verified;
of errors of 2. Has acted without or in excess of of judgment, judgment, final 2. Court of certiorari, 2. There must
jurisdiction, not jurisdiction, or with grave abuse of order, or order, or resolution Appeals; prohibition, be a
errors of discretion amounting to lack or resolution of any tribunal, 3. Sandiganbayan; or statement
judgment. excess of jurisdiction; and board, or officer 4. RTC; and mandamus of facts,
3. No appeal, or any plain, speedy, and * 60-day exercising judicial 5. COMELEC for issues, and
Prohibition is adequate remedy in the ordinary period is or quasi-judicial election cases. arguments;
designed to course of law. extendible functions 3. There must
Rule 65
prevent or but not to be a prayer
Certiorari,
restrain Prohibition: exceed Prohibition: for the
Prohibition,
usurpation by 1. Tribunal, corporation, board, officer fifteen (15) Any person reliefs
and
inferior tribunals or person exercises judicial, quasi- days. aggrieved by the sought;
Mandamus
and to compel judicial, or ministerial functions; judgment, final 4. There must
them to observe 2. Has acted without or in excess of * Fresh order, or resolution be
the limitation of jurisdiction, or with grave abuse of period rule of any tribunal, compliance
their jurisdiction. discretion amounting to lack or applies. board, or officer with
It is a preventive excess of jurisdiction; and exercising judicial, condition
remedy. 3. No appeal, or any plain, speedy, and quasi-judicial, or precedents;
adequate remedy in the ordinary ministerial and
Mandamus is an course of law. functions 5. Payment of
affirmative docket fees.
remedy, designed Mandamus: Mandamus:
to compel 1. A tribunal, corporation, board, officer, Any person who
compliance with or person: has a clear right to
a function a. Neglects the performance of an the performance of
prescribed by act which the law specifically an act
law. enjoins as a duty
b. Excludes another from the use
and enjoyment of right or office
2. No plain, speedy, and adequate
remedy in the ordinary course of law.

Outright dismissal
Verified Court
petition Oral
Require respondent to arguments or
Comment Reply Decision
comment in 10 days memoranda
 Special Civil Actions 5/11

Finals Reviewer

A remedy or proceeding by which the sovereign or state determines the legality of a claim which a party asserts to the use or exercise of an office or franchise and
ousts the holder from its enjoyment, if the claim is not well founded, or if the right to enjoy the privilege has been forfeited or lost

Purpose/s Requisites When to File Who May File Where to File How Initiated Grounds Form and Contents
To determine the 1. A person is Within one (1) 1. The State 1. Supreme Court; By way of filing Usurpation of 1. Petition must be
right or title to the usurping, year from the a. Commenced 2. Court of Appeals; a petition for a public verified.
contested public intruding into, or cause of such by the and quo warranto office, 2. If brought by the
office and to oust unlawfully ouster or the right Solicitor- 3. RTC position, or government, it
the holder from holding a public of the petitioner to General or the franchise must be in the
its enjoyment office, position or hold such office or public When the Solicitor- name of the
franchise; and position arose prosecutor General Republic. If by a
2. The person commences the private individual,
suing must show X: when the 2. Any private action: in his own name.
a clear right to petitioner is not individual who 1. RTC in the City 3. If action is for
the contested guilty of inaction claims of Manila; usurpation of a
Rule 66 office. entitlement to a 2. Court of public office,
Quo Warranto Action for public office or Appeals; or position or
damages must be position usurped 3. Supreme Court. franchise, it shall
filed within one or unlawfully held set forth the name
(1) year after the or exercised by May also be filed of the person who
entry of judgment another with the claims to be
establishing the Sandiganbayan in entitled thereto,
petitioner’s right QW actions arising with an averment
to the office in in cases filed under of his right and
question. EO Nos. 1, 2, 14, that the
14-A in aid of its respondent is
appellate unlawfully in
jurisdiction possession
thereof.
4. All persons
claiming to be
entitled to the
same must be
made parties.

Direct the respondent to comment

Application for
permission to Court
Grant application Issue order and serve copies Verified petition shall be
commence QW
to interested parties filed in court
action
Deny application
 Special Civil Actions 6/11

Finals Reviewer

The procedure to be followed in the exercise of the right of eminent domain of the State

Purpose/s Requisites When to File Who May File Where to File How Initiated Grounds Form and Contents
To provide a 1. Due process of State By way of filing a 1. Petition must be verified.
procedural law; complaint for 2. It must implead all persons
remedy for the 2. Payment of just expropriation owning or claiming to own,
exercise of the compensation; or occupying any part
right of eminent and thereof or interest therein,
domain by the 3. Public use showing so far as
State character of the practicable, the separate
Rule 67 taking. interest of each.
Expropriation 3. Petition must allege the
right and purpose of the
expropriation.
4. It must describe the
property sought to be
expropriated.
5. It must state the fact that
title to property sought to
be expropriated appears to
be in the Republic but
occupied by private
individuals, or that title is
otherwise obscure or
doubtful.

Stage 1 (determination of the authority to expropriate and the public character of the taking):

Verified Answer with objections Objection is overruled

Court issues
complaint and summons and
preliminary writ of Appearance with
deposit possession manifestation of no Order of expropriation
objection

Stage 2 (determination of the just compensation):

Appeal
Commissioners to determine just
Court appoints compensation, receive evidence,
commissioners Decision
conduct ocular inspection, and Payment or registration and entry
submit partial or final reports upon property
 Special Civil Actions 7/11

Finals Reviewer

The remedy available to the mortgagee by which he subjects the mortgaged property to satisfy the obligation

When to Who May Where to What Needs to be

Purpose/s Requisites How Initiated Form and Contents
File File File Registered
To shut out, to Mortgagee By way of 1. Final order of the court The complaint shall set forth the:
bar, or to filing a confirming the sale; 1. Date and due execution of the mortgage;
destroy an complaint for 2. Certificate of sale and 2. Its assignment, if any;
Rule 68 equity of foreclosure order confirming the 3. The names and residences of the mortgagor
Foreclosure of redemption sale, where right of and the mortgagee;
Real Estate redemption exists; 4. A description of the mortgaged property;
Mortgage 3. Deed of redemption, if 5. A statement of the date of the note or other
property is redeemed; documentary evidence of the obligation
and secured by the mortgage;
4. Final deed of sale 6. The amount claimed to be unpaid thereto; and
executed by the sheriff 7. The names and residences of all persons
in favor of the buyer, if having or claiming an interest in the property
property is not subordinate in right to that of the holder of the
redeemed. mortgage, all of whom shall be made
defendants in the action.

Filing of
complaint
for
foreclosure
in court

Order that the Amount If there is still a

sum found due realized from balance due, the
Court shall be paid to the public sale court may, upon
ascertain court or to
If not paid, shall be paid motion, render a
the amount judgment
order, upon to mortgagee deficiency judgment
due to the obligee within
Trial plaintiff motion, that
90-120 days
upon the the property
from entry of Upon finality of order of confirmation or
mortgage be sold at
judgment expiration of the period of redemption,
debt public auction
purchaser at public auction shall be
entitled to possession
 Special Civil Actions 8/11

Finals Reviewer

The process of dividing and assigning property owned in common among the various co-owners thereof in proportion to their respective interests in the property

Issues to be
Purpose/s Requisites When to File Who May File Where to File How Initiated Form and Contents
Determined
To segregate the Anytime Any of the co- By way of filing a 1. The existence of the The complaint shall set
respective shares owners to a complaint for co-ownership over forth:
of the parties to a * Right to property partition the property subject 1. The nature and
certain property demand thereof; and extent of his title;
co-owned by partition is 2. How the property 2. An adequate
them imprescriptible will be divided. (technical)
description of the
Rule 69 X: If a co- real estate; and
Partition owner asserts 3. All other persons
adverse title to interested in the
the property, property shall be
prescription made defendants.
runs from
such time of
assertion of
adverse title.

Parties may make the Court shall confirm Partition and order of the
Judgment for partition among the partition agreed court to be registered in
Filing of partition; order themselves upon the ROD
complaint the partition of
Trial
for partition the real estate
in court among all the Court may appoint not
parties in more than 3
Commissioners Trial by
interest commissioners to shall take oath commissioners
make the partition

Set aside the report and

Hearing; Render judgment appoint new commissioners
Notice to
parties; file
Recommit the same to the Accept the report in part and Commissioner’s
objections
commissioners reject it in part report
within 10
days
 Special Civil Actions 9/11

Finals Reviewer

The remedy of a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person
against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession by virtue of a contract,
express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person

Who May
Purpose/s Requisites When to File Where to File How Initiated Grounds Form and Contents
File
For restitution of (Jurisdictional Forcible entry: 1. Municipal By way of filing a Affidavits shall state:
possession, requirements) One (1) year Trial Court; complaint for 1. Only the facts of direct
damages and from the 2. Metropolitan forcible entry and personal knowledge of the
costs Forcible entry: dispossession by Trial Court; unlawful detainer affiants which are
1. Plaintiff must force, 3. Municipal admissible; and
Rule 70 allege prior intimidation, Circuit Trial 2. Show their competence to
Forcible Entry
physical strategy, threat, Court; and testify to the matters stated
and Unlawful
possession; and stealth (FISTS) 4. Municipal therein.
Detainer
2. Deprivation of the Trial Courts
possession by Unlawful in Cities
means of FISTS. detainer:
One (1) year X:
Unlawful detainer: from demand or 1. DARAB
1. Plaintiff must from the time 2. HLURB
allege the unlawful the possession
withholding of the becomes
property; and unlawful
2. Demand to vacate.

Judgment on the
Answer within 10 counterclaim
Verified Preliminary
Court Summons days with
complaint conference
counterclaim
Judgment on the complaint

No answer Record of preliminary

Dismiss conference

Clarificatory
affidavits
Judgment
Submission of position
papers

Judgment within
30 days
 Special Civil Actions 10/11

Finals Reviewer

It is a defiance of the authority, justice or dignity of the court; such conduct as tends to bring the authority and administration of the law into disrespect or to interfere
with or prejudice parties litigant or their witnesses during litigation. It is an inherent power of the court for preservation of order in judicial proceedings and to the
enforcement of judgments.

Who May How

Purpose/s Penalties Where to File Grounds Form and Contents
File Initiated
Criminal: to Direct contempt: 1. By the 1. Where 1. By the Direct contempt: If initiated by a petition, the
punish in order to 1. If against the RTC or court charge has court 1. Misbehavior in the presence of or petition must be:
avenge the higher rank – fine not motu been contemned so near the court; 1. Verified;
disrespect that exceeding P2,000 or proprio; committed motu 2. Disrespect towards the court; 2. Must be supported by
was done to the imprisonment not or against the proprio; 3. Offensive personalities towards particulars and certified
authority or exceeding ten (10) days, 2. Any RTC or a and others; and true copies of documents
dignity of the or both person court of 2. By way of 4. Refusal to be sworn or to answer or papers involved; and
court or the judge 2. If against the lower court aggrieved equivalent filing a as witness or to subscribe an 3. With full compliance with
acting judiciary – fine not exceeding or higher verified affidavit or deposition. the requirements for filing
P200 or imprisonment rank, or petition initiatory pleadings for civil
Civil: to require not exceeding one (1) against an Indirect contempt: actions.
the doing of an day, or both officer 1. Misbehavior of an officer of a court
act for the benefit appointed in the performance of his official If the contempt charges arose
of the other party Indirect contempt: by it, file duties or in his official out of or are related to a
Rule 71 1. If against the RTC or with such transactions; principal action pending, the
Contempt higher rank – fine not court; and 2. Disobedience of or resistance to a petition shall allege such fact.
exceeding P30k or 2. Where lawful writ, process, order, or
imprisonment not contempt judgment of a court
exceeding six (6) months, has been 3. Any abuse of or any unlawful
or both committed interference with the processes or
2. If against the lower court against a proceedings of a court not
– fine not exceeding P5k lower court, constituting direct contempt
or imprisonment, or both file with the 4. Any improper conduct tending,
RTC of the directly or indirectly, to impede,
place where obstruct, or degrade the
the lower administration of justice;
court is 5. Assuming to be an attorney or an
sitting. officer of a court, and acting as
such without authority;
6. Failure to obey a subpoena duly
served;
7. The rescue, or attempted rescue, of
a person or property in the custody
of an officer by virtue of an order
or process of a court held by him.
Special Civil Actions 11/11

Finals Reviewer

Initiated by an individual:

File with the court Bail

Verified Defendant’s
contemned or RTC of Hearing
petition arrest for failure
place where court Defendant’s release if no
contemned sits to appear
prejudice to public interest

Defendant Judgment/ Writ of

shall file his Decision execution
answer

Appeal

Initiated by the court motu proprio:

Show cause Defendant’s Bail

order with Defendant Hearing arrest for failure
notice of shall file his to appear
answer Defendant’s release if no
hearing
prejudice to public interest

Judgment/ Writ of
Decision execution

Appeal