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SPECIAL CIVIL ACTIONS REVIEWER1 COURT WITH JURISDICTION
Kind of Property Within Metro Manila Outside Metro Manila

Personal Property Not more than P400,000: Not more than P300,000:
SCA How initiated Court with Original
MTC MTC
Jurisdiction
Interpleader Complaint MTC, RTC
More than P400,000: RTC More than P300,000: RTC
Declaratory Relief and Petition RTC
Similar Remedies Real Property Not more than P20,000: Not more than P50,000:
Review of Judgments Petition SC MTC MTC
and Final Orders or (assessed value)
Resolutions of the More than P20,000: RTC More than P50,000: RTC
COMELEC and the COA
Certiorari, Prohibition, Petition All except MTC *If subject matter is incapable of pecuniary estimation (e.g. performance of
and Mandamus Including COMELEC an obligation): RTC
Quo Warranto Petition All
Expropriation Complaint RTC INTERPLEADER INTERVENTION
Judicial foreclosure of Complaint MTC or RTC Special Civil Action, independent, Ancillary
real estate mortgage and original
Partition Complaint MTC or RTC Commenced by filing a complaint Commenced by filing a motion for
Forcible entry/Unlawful Complaint MTC leave to intervene filed in a pending
detainer case
Contempt Petition All Filed by a person who has no interest Filed by a person who has a legal
in the subject matter of the action, or interest in any of the ff:
RULE 62 if he has an interest, the same is not a. Subject matter of litigation
INTERPLEADER disputed by the claimants b. Success of either of the parties
c. An interest against both
Interpleader: a special civil action filed by a person against whom two d. He may be adversely affected by
conflicting claims are made upon the same subject matter and over which he the disposition or distribution of
claims no interest whatever, or if he has an interest, it is one which, in whole or property in the custody of the
in part, is not disputed by the claimants. court or of an officer thereof.
Defendants are brought into the The defendants are already parties to
REQUISITES: action because they are sued and an existing suit, not because of the
1. There must be two or more claimants with adverse or conflicting interests impleaded as such intervention, but because of the
upon a subject matter; original suit
2. The conflicting claims involve the same subject matter;
3. The conflicting claims are made against the same person; *Person who files pays docket fees but the fees, as well as the costs of litigation
4. The plaintiff has no claim upon the subject matter of the adverse claims or expenses, shall constitute a lien or charge upon the subject matter, unless the
if he has an interest at all, such interest is not disputed by the claimants court orders otherwise.
(e.g. a warehouseman).
Purpose: To protect a person not against double liability but against double
vexation in respect of one’s liability.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Who files: person against whom the conflicting claims are made
1!Legend:
JUSTICE AQUINO (Blue) When to file: within a reasonable time after a dispute has arisen without
BEDA (purple) waiting to be sued. Otherwise, it may be barred by laches or undue delay.
RIANO/CODAL (black)
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MADZ ONG | SPECIAL CIVIL ACTIONS | JUSTICE AQUINO
The ff. shall be served upon the conflicting claimants: 3. Summons, complaint, order shall be served upon the conflicting
1. Summons claimants.
2. Copy of the complaint 4. Within 15 days, file answer (served upon plaintiff and co-defendants) or
3. Order requiring the parties to interplead. The Court may also include a MTD (impropriety of the interpleader or grounds under Rule 16)
direction that the subject matter be paid or delivered to the court. (This is 5. MTD dismissed, file answer within the remaining period, but not less than 5
issued upon filing of the complaint) days from notice of denial
6. If claimant fails to plead, he may be declared in default and render
Grounds to dismiss: judgment barring him from any claim in respect to the subject matter.
1. Impropriety of the interpleader 7. Pre-trial
2. Other grounds under Rule 16 8. Court shall determine the rights of the conflicting claimants and
adjudicate their several claims.
Effect of denial of motion to dismiss: Movant may file answer within the
remaining period, but which shall not be less than 5 days in any event
counted from the notice of denial of the motion. RULE 63
DECLARATORY RELIEF AND SIMILAR REMEDIES
ANSWER
• Filed by each claimant within 15 days from service of summons upon him. Declaratory Relief
• Must be served on each of the other conflicting claimants. • An action by any person interested in a deed, will, contract or other
• Set forth the claim of the answering claimant. written instrument, executive order or resolution, to determine any
• The claimant served MAY file a reply. Nonetheless, if no reply is filed, all the question of construction or validity arising from the instrument, executive
new matters alleged in the answer are deemed denied. order or regulation, or statute; and for a declaration of his rights and duties
• Parties may file counterclaim, cross-claims, third party complaints and thereunder.
responsive pleadings. • The only issue is: the question of construction or validity.
• Failure to plead: default (MUST BE UPON MOTION) • Filed before any breach or violation. However, when the breach occurs
after filing and before finality, the action may be converted into an
PRE-TRIAL ordinary action.
• After the pleadings have been filed, pre-trial shall be conducted. • Absence of breach should not be taken to mean that there is no
• Rule 18 shall apply justiciable controversy.
• After pre-trial, the court shall determine the respective rights of the parties. • Actions to declare a law, a statute, or an executive order unconstitutional
• Secure statement on the rights and obligations of the parties under a
Ordinary action Interpleader contract or statute.
Summons served after complaint Summons filed after order and is • It is unavailable where judgment would have to be made, only after a
served with order of the court judicial determination of disputed issues.
Complainant must be interested in Complainant has no interest at all or • No third party complaints
the case interest is not disputed • Compulsory counterclaim may be entertained so long as it is based on or
Trial after pre-trial After pre-trial, a decision will be made arising from the same transaction
Answer served on other party Answer served against the co- • Affirmative reliefs not granted. BUT there are some instances where
claimant and plaintiff affirmative reliefs were granted. The court can grant such other
Plaintiff participates Plaintiff merely observer (f plaintiff has affirmative reliefs as may be warranted by the evidence if the complaint is
an interest, it will be a lien on the sufficient to make out a case for specific performance or recovery of
subject matter) property with claims for damages.
• There is no executory process in declaratory relief BUT jurisprudence does
PROCESS: not absolutely close the doors to an executor process.
1. Complaint • No need for writ of execution
2. Court shall issue order requiring the conflicting claimants to interplead with
one another and may direct that the subject matter be paid or delivered
to the court
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Purpose: g. Any other governmental regulation
1. Determine any question of construction or validity arising from the subject 2. The terms of said statute or document and the validity thereof are
of the action; and doubtful and require judicial construction;
2. Seek for a declaration of the petitioner’s rights thereunder 3. There must have been no breach of the statute or document in question;
4. There must be an actual justiciable controversy2 or the “ripening seeds” of
Ordinary Action Declaratory Relief one between persons whose interests are adverse;
Writ of execution available No writ of execution 5. The issue must be ripe for judicial determination; and
There is a breach or violation of a No breach or violation of a right 6. Adequate relief is not available through other means or other forms of
right action or proceeding.
Motion to dismiss – Rules 16 and 17 Additional grounds for MTD:
1. Decision would not terminate the Objective
uncertainty or controversy 1. Deeds or contract
2. Where declaration is not • To secure declaration of the validity or construction of the written
necessary and proper under the document; and
circumstances • To specify the rights of the parties
May not be dismissed outright May be dismissed outright 2. Laws
• To secure from the court the constitutionality of the law, order, etc.;
TWO TYPES OF ACTIONS UNDER RULE 63: and
1. Declaratory Relief • Define the rights of the parties.
2. Similar Remedies
a. Reformation of an instrument WHO MAY FILE
b. Quieting of Title (to remove cloud or prevent a cloud) 1. Subject matter is a deed, will, contract, or other written instrument: Any
c. Consolidation of Ownership person interested
2. Subject matter is a statute, executive order or regulation, ordinance, or
• In similar remedies, the court is bound to render judgment whereas in any other governmental regulation: Whose rights are affected
actions for declaratory relief, the court may refuse to exercise the power • Rights of persons not made parties to the action do not stand to be
to declare rights and to construe instruments. prejudiced by the declaration.
• The Solicitor General must be notified and shall be entitled to be
When may court refuse a judicial declaration: heard.
• Motu proprio, or upon motion, the court may refuse to exercise its power
where: CONVERSION INTO ORDINARY ACTION
a. The decision would not terminate the uncertainty or controversy • If before the final termination of the case, a breach or violation of the
which gave rise to the action or instrument or statute occurs, then the same may be converted into an
b. In any case where the declaration or construction is not necessary ordinary action.
and proper under the circumstances • If there has been a breach before the filing, DR cannot be availed of.
• The court is given discretion to act or not to act on the petition.
• The refusal is a functional equivalent of a dismissal under Section 5 of Rule Action for Declaratory Relief will not lie:
63 and not under Rule 16. 1. Action to obtain judicial declaration of Citizenship
2. Action to establish illegitimate filiation and actions to determine hereditary
REQUISITES: (SANDRA) rights
1. The subject matter of the controversy must be a: (EXCLUSIVE LIST) 3. Where the terms of the assailed ordinance are not ambiguous or doubtful
a. Deed 4. The subject of the action is a court decision
b. Will 5. Action to resolve a political question or issue
c. Contract or other written instrument
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
d. Statute 21. There must be real parties in interest
e. Executive order or regulation 2. Asserting adverse claims
f. Ordinance 3. Presenting a ripe issue
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6. Those determinative of the issues rather than a construction of definite 2. Consolidation of Ownership
status, rights, and relations. • From the provision on sales
7. Where the contract or statute on which the action is based has been • Where redemption allowed by law (Legal and Conventional) is not
breached made within the period greed upon, consolidation of ownership of
8. Action is merely to seek advisory opinion from the court on a moot the vendee shall not be recorded without a judicial order.
question • The action is not to consolidate ownership but for purposes of
9. When the petition is based on the happening of a contingent event registration.
10. When petitioner is not the real party-in-interest • Consolidation happens by operation of law.
11. Where administrative remedies have not yet been exhausted.
3. Quieting of Title
*A third party complaint is inconceivable when the main case is one for a • Brought to remove a cloud on title to real property or any interest
declaratory relief as the defendant or third party plaintiff is supposed to seek therein.
contribution, indemnity, subrogation, or any other relief from the third party • The cloud consists of:
defendant in respect to the claim of the plaintiff against him. a. Any instrument, record, claim, encumbrance, or proceeding
(PRICE)
COURT WITH JURISDICTION b. Which appears to be valid or effective
Action Court c. However, in truth and in fact, the same is invalid, ineffective,
Declaratory Relief RTC (If the petition has far-reaching voidable, or unenforceable, and
implications and it raises questions d. May be prejudicial to the title to real property.
that should be resolved, it may be • It can also be a preventive remedy to prevent a cloud from being
treated as one for prohibition or cast upon title to real property.
mandamus which the SC or CA may • The proceeding is quasi in rem
take cognizance) • TWO REQUISITES:
Quieting of Title (e.g. Reconveyance, Depends on assessed value (same as 1. The plaintiff or complainant has a legal or equitable title or
Cancellation of title) interpleader) interest in the real property subject of the action
Reformation RTC 2. The deed, claim, encumbrance, or proceeding claimed to be
Consolidation of Ownership RTC (assessed value not considered) casting cloud on his title must be shown to be, in fact, invalid or
inoperative despite its prima facie appearance of validity or legal
SIMILAR REMEDIES efficacy.
1. Reformation of an Instrument
• It is not one brought to reform a contract but to reform the instrument To assail constitutionality, you have 2 options:
evidencing the contract 1. Declaratory Relief
• It is reformed because despite the meeting of the minds of the parties 2. Prohibition
as to the object and cause of the contract, the instrument which is
supposed to embody the agreement of the parties do not reflect their Unconstitutionality declared by lower Unconstitutionality declared by SC
true agreement by reason of: court
o Mistake Decision in personam Decision in rem
o Fraud
o Inequitable conduct PROCESS:
o Accident 1. Filing of petition
• It is brought so the true intention of the parties may be expressed in 2. Notice to Solicitor General (if assailing validity of statute, EO, or regulation,
the instrument. or any other governmental regulation; constitutionality of ordinance) or to
• Reformation cannot be brought for any of the following: local government prosecutor (ordinance).
o Simple donation inter vivos wherein no condition is imposed 3. Court may deny outright
o Wills 4. Comment/Opposition
o When the real agreement is void 5. Decision
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power of control and supervision over review.
RULE 65 the proceedings of lower courts
CERTIORARI, PROHIBITION, AND MANDAMUS Parties include the lower court or Parties are the original parties to the
quasi-judicial agency issuing the action
4 Rules where certiorari is used: order
1. Appeal by certiorari under Rule 45 Directed against interlocutory orders Directed to judgments and final
2. Certiorari under Rule 64 or matters where no appeal may be orders or to those that the Rules of
3. Certiorari under Rule 65 taken from Court declares as appealable
4. Certiorari under the Constitution Filed not later than 60 days from Filed within 15 days from the notice of
notice of judgment or from denial of judgment or final order appealed
A. CERTIORARI MNT or MR from or from notice of denial of the
• Also called a prerogative writ because it is never demandable as a MNT or MR
matter of right. When a record on appeal is required,
• Purpose is to secure a judgment annulling or modifying the appellant must file a notice of appeal
proceedings of a tribunal, board, or officer, and granting such and a record on appeal within 30
incidental reliefs as law and justice may require days from said notice of judgment or
• Sole office is to correct errors of jurisdiction, which includes the final order
commission of grave abuse of discretion amounting to lack of Generally requires an MR MR not required
jurisdiction. Does not stay the judgment or order Stays judgment
• Decision rendered on such action is appealable and not reviewable unless enjoined or restrained
by another petition for certiorari. Filed with RTC, CA, SC, or SC only
• CERTIORARI NOT APPEAL Sandiganbayan
o This is an original action and not a mode of appeal.
o The remedies of appeal and certiorari are considered as mutually REQUISITES:
exclusive and not alternative or successive. Certiorari cannot 1. The petition is directed against a tribunal, board or officer (no “person”)
even be a substitute for a lost appeal. EXCEPT: exercising judicial or quasi-judicial functions (Not ministerial)
! When the public welfare and the advancement of public
policy dictate
Judicial Function Power to determine what the law is and what the legal
! When the broader interests of justice so require
rights of the parties are, and then undertakes to
! When the writs issued are null and void
determine these questions and adjudicate upon the
! When the questioned order amounts to an oppressive
rights of the parties.
exercise of judicial authority.
Quasi-Judicial Term which applies to the action, discretion, etc., of
o Certiorari cannot co-exist with an appeal or any other adequate
Function public administrative officers or bodies, which are
remedy. In fact, one of the remedies of certiorari is that there be
required to investigate facts or ascertain the existence
no available appeal or any plain, speedy and adequate remedy.
of facts, hold hearings, and draw conclusions from them
o Even if one of the errors assigned in the appeal is a jurisdictional
as a basis for their official action and to exercise
error, a timely appeal is the remedy to obtain a reversal or
discretion of a judicial nature,
modification of the judgment.
Ministerial Function An officer or tribunal performs in the context of a given
set of facts, in a prescribed manner and without regard
CERTIORARI (RULE 65) CERTIORARI (RULE 45)
to the exercise of his own judgment upon the propriety
Original and independent action Mode of appeal. Continuation of the
or impropriety of the act done.
original suit.
Petition for certiorari Appeal by certiorari
• A tribunal, board, or officer exercising judicial or quasi-judicial function
Correct errors of jurisdiction Error of law or fact must be clothed with power and authority to pass judgment or render a
Raises questions of jurisdiction Raises only questions of law decision on the controversy construing and applying the laws to that end.
Higher court uses its original The higher court exercises its
jurisdiction in accordance with its appellate jurisdiction and power of
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• If the function is merely investigative and recommendatory with no power Government even if the latter does not exercise judicial, quasi-judicial
to pronounce judgment, the designation as investigator does not involve or ministerial functions (Araullo v. Aquino).
the exercise of judicial or quasi-judicial power. o Since the formulation of guidelines, criteria, including the policy that
• The ff. were considered as improper subjects of certiorari: the petitioner assails, is necessary and incidental to the exercise of
o Issuance of a Wage Order by the RTWPB (MBTC v. NWPC). JBC’s constitutional mandate, a determination must be made on
o Issuance of an Executive Order by the president providing for the whether the JBC has acted with grave abuse of discretion amounting
guiding principles and framework to establish a fixed compensation to lack or excess of jurisdiction (Villanueva v. JBC)
and position classification system for GOCCs and GFIs including the
suspension of all allowances and issued a moratorium on all salary 2. Such tribunal, board or officer has acted without or in excess of jurisdiction
increases (Galicto v. Aquino). or with grave abuse of discretion amounting to lack or excess of
o A committee on the ratings of students for honor is not the tribunal, jurisdiction
board, or officer against whom certiorari may lie (Santiago v. • ERRORS OF JURISDICTION AND NOT ERRORS OF JUDGMENT
Bautista). • Jurisdictional errors and does not include correction of evaluation of the
o Show Cause Order issued by the CHR. When referred the case to the evidence and factual findings based thereon.
Ombudsman, they did not engage in judicial or quasi-judicial • Certiorari will not be issued to cure errors in proceedings, or correct
functions but simply initiated an investigation. It was at most, an erroneous conclusions of law or fact as long as the court acts within its
exercise of fact-finding investigation (Quisumbing v. Rosales). jurisdiction.
o Executive order issued by the city mayor pursuant to his executive • If the court exercises a jurisdiction which it does not initially possess, the
function (Liga ng mga Barangay v. City Mayor of Manila). error would be an error of jurisdiction correctible by a petition for certiorari.
o Ordinance enacted by a city council for the payment of garbage • The act of the tribunal, board, or officer should constitute errors of
fees (Ferrer v. Bautista). jurisdiction, which may be any of the ff:
o Issuance of a revenue regulation by the Secretary of Finance is a a. Acting without jurisdiction
quasi-legislative act outside the scope of a petition for certiorari (Clark b. Acting in excess of jurisdiction even if initially it had jurisdiction
Investors v. Secretary of Finance). c. Acting with grave abuse of discretion amounting to lack of jurisdiction
o Joint circulars issued by the DBM, DOH, and CSC to implement the or in excess of its jurisdiction even if the tribunal, board, or officer
Magna Carta of Public Health Workers were not made in a judicial, initially had jurisdiction
quasi-judicial, or ministerial capacity as it was in the nature of • Where the issue or question involved affects the wisdom or legal
subordinate legislation in the exercise of quasi-legislative powers soundness of the decision and not the jurisdiction of the court, the same is
(Cawad v. Abad). beyond the province of a special civil action for certiorari.
• Not all executive orders should be construed as an exercise of executive
function for it should be the nature of the act and not the office that Without The tribunal, board, or officer acted with the absolute lack of
determines whether it is executive or quasi-judicial. An executive order by jurisdiction authority.
the mayor ordering the demolition of illegally constructed structures was
considered an exercise of a quasi-judicial function against which certiorari Lack or want of legal power or authority to hear and determine
may lie (Aquino v. Municipality of Malay). a cause or causes, considered either in general or with
reference to a particular matter. It means lack or power to
• EXPANDED SCOPE OF CERTIORARI exercise authority.
o While Rule 65 specifically requires that the respondents be a tribunal, Excess of Exceeds its power or acts without any statutory authority
board, or officer exercising judicial or quasi-judicial functions, recent jurisdiction
pronouncements of the Court have extended the reach of the An act, though within the general power of the tribunal, board,
petition to functions or acts that are neither judicial nor quasi-judicial. or officer, is not authorized and invalid with respect to the
o Broadened the purpose of certiorari to include raising constitutional particular proceeding because the conditions, which alone
issues and reviewing and/or nullifying the acts of legislative and authorize the exercise of the general power in respect thereof,
executive officials. are wanting.
o Certiorari and prohibition may be issued also to set right, undo and
restrain any act of grave abuse of discretion amounting to lack or Does not connote total absence of jurisdiction. An act Initially
excess of jurisdiction by any branch or instrumentality of the authorized by law but performed beyond the bounds of that
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authority. This is equivalent to lack of jurisdiction. • GADALEJ + No plain, speedy and adequate remedy in the ordinary
Grave Connotes such capricious and whimsical exercise of judgment course of law
abuse of as to be equivalent to lack or excess of jurisdiction. Power is • Appeal and Rule 65 mutually exclusive
discretion exercised in an arbitrary or despotic manner by reason of • It is the inadequacy not the mere absence of all other legal remedies and
passion, prejudice, or personal hostility and such exercise is so the danger of failure of justice without the writ that must usually determine
patent or so gross as to amount to an evasion of a positive duty the propriety if certiorari.
or a virtual refusal either to perform the duty enjoined or to act • Plain, speedy, and adequate: It will promptly relieve the petitioner from
at all in contemplation of law. the injurious effects of the judgment, order, or resolution of the lower court
or agency.
The abuse must be grave (exercised in a despotic manner). • G.R.: When appeal is lost (due to negligence of petitioner), certiorari will
not prosper
Petitioner carries the burden of proving not merely reversible EXCEPT: When appeal is lost without the negligence of petitioner
error but GADALEJ. o Appeal is inadequate, slow, insufficient, and will not promptly relieve a
party from the injurious effects of the order complained of.
GRAVE ABUSE NO GRAVE ABUSE • MR Necessary (4th requisite according to Justice Aquino)
• Judge extends by 20 days the 72- • Mere denial of an application for o Condition sine qua non to afford the public respondent an
hr TRO. an ex parte order for the seizure opportunity to correct any actual or fancied error attributed to it by
• Failure of the trial court to of evidence is not GADALEJ way of re-examination of the legal and factual aspects of the case.
determine factual controversy where petitioner failed to point o MR is a plain, speedy, and adequate remedy.
before issuing a writ of out specific instances how he o Failure to file MR is sufficient cause for outright dismissal.
demolition. Parties must be court exercised the power in a o EXCEPT:
heard. despotic, capricious, or whimsical a. The order is a patent nullity, as where the court a quo has no
• Judge hears a motion on the manner. jurisdiction
same day it was filed. • CA dismissed an appeal on b. The questions raised in the certiorari proceeding have been duly
• Court orders immediate account of failure to file an raised and passed upon by the lower court, or are the same as
execution without awaiting appellant’s brief. those raised and passed upon in the lower court
expiration of the period to • Trial court required full-blown c. There is an urgent necessity for the resolution of the question and
appeal and without a motion for hearing to determine factual any further delay would prejudice the interests of the government
execution. issues in a land registration case or of the petitioner
• Labor arbiter ordered the even if the petitioner did not d. The subject matter of the action is perishable
payment of separation pay even comply with some procedural e. Under the circumstances, a motion for reconsideration would be
if petitioner did not abandon rules. useless
claim for reinstatement. f. Petitioner was deprived of due process and there is an extreme
• Rendering decision against urgency for relief
employer without determining g. In a criminal case, relief from order of arrest is urgent and granting
the existence of an employer- of such relief by the trial court is improbable
employee relationship. There is h. The proceedings in the lower court are a nullity for lack of due
also failure to express the factual process
and legal bases of a decision. i. The proceedings were done ex parte or in which the petitioner
• Court allows an uninterested had no opportunity to object
person to intervene. j. Where the issue raised is one purely of law
k. Where public interest is involved
3. There is neither appeal nor any plan, speedy and adequate remedy in the l. Involves an issue of transcendental public importance that
ordinary course of law for the purpose of annulling or modifying the demands no less than a careful but expeditious resolution
proceeding
• Remedies: MR, MNT, Petition for relief from judgment
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REQUIREMENTS: o Recognized exceptions to the 60-day period are:
1. File a verified petition: a. Most persuasive and weighty reasons
a. Alleging the facts with certainty b. To relieve the litigant from an injustice not commensurate with
b. Pray that the failure to comply with the prescribed procedure
i. Certiorari: judgment be rendered annulling or modifying the c. Good faith of the defaulting party by immediately paying within
proceedings of the tribunal, board, or officer, or grant such a reasonable time from the time of the default
incidental reliefs as law and justice may require d. The existence of special or compelling circumstances
ii. Prohibition: command respondent to desist from further e. The merits of the case
proceedings in the action or matter specified or grant such f. A cause not entirely attributable to the fault or negligence of the
incidental reliefs as law and justice may require party favored by the suspension of the rules
iii. Mandamus: command respondent, immediately or at some g. A lack of any showing that the review sought is merely frivolous
other time to be specified by the court, to do the act required to and dilatory
be done to protect the rights of the petitioner and to pay h. The other party will not be unjustly prejudiced thereby
damages sustained by reason of the wrongful acts of the i. Fraud, accident, mistake, or excusable negligence without
respondent appellant’s fault
2. Petition shall contain: j. Peculiar legal and equitable circumstances attendant to each
a. The full names and addresses of all the petitioners and respondents case
b. Concise statement of the matters involved k. In the name of substantial justice and fair play
c. The factual background of the case l. Importance of the issues involved
d. Grounds relied upon for the reliefs prayed for m. Exercise of sound discretion by the judge guided by all the
3. Petition filed by the aggrieved party who can be the State or the private attendant circumstances
offended party or complainant. Complainant need not bring the action o There should be an effort on the part of the party invoking liberality
in the name of the People of the Philippines. to advance a reasonable or meritorious explanation for his/her
4. Accompanied by (non-observance is sufficient cause for dismissal): failure to comply with the rules.
a. Certified true copy (or duplicate originals) of the judgment, order, or 7. Courts where petition is filed:
resolution subject of the petition
b. Copies (mere photocopies allowed) of all pertinent (and material) Act of Court
pleadings and documents 1. MTC RTC exercising jurisdiction over the
c. Sworn certification of non-forum shopping 2. Corporation, board, officer territorial area
5. Material date rule - the ff. material dates must be stated in the petition to 3. Persons
determine the timeliness of the petition since the perfection of an appeal Quasi-judicial agency CA
in the manner and within the period prescribed by law is jurisdictional Arising from: Sandiganbayan
and failure to perfect an appeal renders the judgment final and 1. E.O. No. 1 (Creating PCGG),
executory: 2. E.O. No. 2 (Ill-gotten wealth of Discrepancy between A.M. No. 07-7-
a. When notice of the judgment, final order, or resolution subject of Marcos), 12-SC, which allows SB to have
the petition was received 3. E.O. No. 14, and 14-A (vesting SB original jurisdiction, and RA 8249,
b. When MNT or MR was filed, if any jurisidiction over cases filed by which only gives it appellate
c. When notice of denial of MNT or MR was received PCGG) jurisdiction.
6. File petition not later than 60 days from the notice of the judgment, order, Election cases involving an act or COMELEC (in aid of its appellate
or resolution or the order denying MR or MNT. omission of a Municipal or Regional jurisdiction)
o The 60-day period starts from notice to the counsel. Notice to him is Trial Court
considered notice to the party. Hierarchy of courts must be followed. SC
o The deletion of the paragraph allowing the extension of the filing of a
petition for certiorari did not absolutely prohibit such. It is subject to Direct invocation of the SC’s original
the court’s sound discretion. Subsequent pronouncements affirmed jurisdiction should be allowed only
the relaxation of the procedural technicalities in order to serve when there are special and
substantial justice and safeguard strong public interest. important reasons.
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o Annexes
Parties aggrieved: must be a party to the lower court’s decision and not just • Before giving due course thereto, the court may require the filling of a
any person who feels injured. comment and not a motion to dismiss. The court may also require the filing
of a reply.
Duty of private respondent
• Appear and defend not only his own behalf but also in behalf of the Grounds for dismissal of the petition (PPQ)
public respondent affected by the proceedings. 1. Patently without merit
• If costs were awarded, it shall be against private respondent and not 2. Prosecuted manifestly for delay
public respondent. 3. Questions raised in the petition are too unsubstantial to require
consideration
Public Respondent
• Not mandated to appear in, or file and answer or comment to the *In the event of dismissal of an unmeritorious petition, the court may award
petition or any pleading unless specifically directed by the court where treble costs solidarily against the petitioner and counsel in addition to
the action is pending. subjecting the counsel to administrative sanctions.
• If the case is elevated to a higher court, the public respondent shall be a
nominal party only. PROCEEDINGS AFTER COMMENT
1. Hear the case or
Filing of petition does not stay proceedings Require parties to submit memoranda
• To suspend the proceedings, the court against whom the petition is 2. Render judgment
directed must be prevented by a duly issued writ of preliminary injunction 3. Certified copy of judgment shall be served upon the court, quasi-judicial
or TRO. agency, tribunal, corporation, board, officer, or person concerned in such
• The filing of a petition for certiorari does not interrupt the course of the manner as the court may direct.
principal action unless an application for TRO or preliminary injunction is 4. Disobedience to the judgment or order shall be punished as contempt.
granted by the higher court.
• The filing also does not stop the running of the period to file an answer. Relief
• It has been the common practice of a lower court to suspend the 1. Annulment or modification of the judgment, order, resolution, or
proceedings of the principal case whenever a petition for certiorari is filed proceeding subject of the petition.
against it. The reason invoked is judicial courtesy. 2. It may also include other incidental reliefs as law and justice may provide
• Judicial courtesy can no longer be used as the lower court has to 3. The court may also award damages
proceed with the principal case within 10 days from the filing of the
petition for certiorari absent a TRO or PI. Failure to do so may be a ground How reviewed: Appeal because it is an original action
for an administrative charge.
• The courts which issued the writ of preliminary injunction shall decide the When a Rule 45 petition is considered as a Rule 65 petition and vice versa
main case or petition within 6 months from the issuance of the writ. • Rule 45 treated as Rule 65: When the subject of the recourse is one of
jurisdiction, or the act complained of is perpetrated by a court with
ORDER TO COMMENT GADALEJ
• No summons is issued in a petition for certiorari • Rule 65 treated as Rule 45:
• Instead of summons, the court shall issue an order requiring respondent to a. When it was filed within the reglementary period within which to file a
comment on the petition within 10 days from receipt of a copy of the Rule 45 petition
petition. b. Errors of judgment are averred
• Order to comment shall be issued only if the court finds the petition c. When there is sufficient reason to justify relaxation of the rules as
sufficient in form and substance, otherwise, the petition may be outrightly when there is a significant issue of jurisdiction
dismissed.
• The determination of the completeness or sufficiency of the form of the
petition is largely left to the discretion of the court.
• Order to comment shall be served together with:
o A copy of the petition
9
DIFFERENCE BETWEEN RULE 65 and RULE 64 Certiorari, Prohibition, Mandamus not available against an interlocutory order
RULE 65 RULE 64 in:
Directed against tribunal, board, or Directed only against the judgments, 1. Writ of Amparo
officer exercising judicial or quasi- final orders or resolution of the 2. Writ of Habeas Data
judicial functions COMELEC and COA 3. Small claims
Filed within 60 days from notice of Filed within 30 days from notice of 4. Cases governed by the Rules on Summary Procedure (like forcible entry
judgment, final order, or resolution judgment, final order, or resolution and unlawful detainer)
If MR or MNT is denied, there is still a Filing of MR or MNT, if allowed,
fresh period of 60 days from notice of interrupts the period for the filing of a *However, in one case, the court allowed the filing of a petition for certiorari
the denial of the motion petition for certiorari. because the trial court gravely abused its discretion by indefinitely suspending
the proceedings in ejectment cases. It considered the situation as a
If the motion is denied, the aggrieved “procedural void” and invoked its power to suspend the rules to promote
party may file the petition within the substantial justice. The SC gave due course to the pettion pro hac vice
remaining period, but not less than 5 because of the extraordinary circumstances of the case (Go v. CA).
days from notice of denial.
B. PROHIBITION
Proper subject of certiorari Not proper subject of certiorari • An extraordinary writ commanding a tribunal, corporation, board, officer,
• Denial of petition for relief • Dismissing an action with or person, whether exercising functions that are judicial, quasi-judicial, or
• Dismissing an action without prejudice ministerial, to desist from further proceedings when such are conducted
prejudice (e.g. failure to comply • Judgment or final order of the CA without or in excess of its jurisdiction, or with grave abuse of discretion,
with the rules on certification of on the petition for certiorari there being no appeal, or any other plain, speedy, and adequate remedy
non-forum shopping) against the Secretary of Justice is in the ordinary course of law.
• Denial of MTD for lack of reviewable via Rule 45 • Original action
jurisdiction when obviously • Appeal is available • Superior court prevents inferior courts, tribunals, officers, or persons from
erroneous • Appeal if dismissed on the usurping or exercising a jurisdiction with which they have not been vested
• Resolution of Justice Secretary grounds of (because with by law
affirming, modifying, or reversing prejudice): • Preventive remedy which certiorari is a corrective remedy
the resolution of the investigating o Res judicata • Does not lie against legislative or quasi-legislative functions.
prosecutor is final so proper o Prescription • May apply even to respondents which do not exercise judicial, quasi-
subject of certiorari o Extinguishment of the judicial or ministerial functions such as when GADALEJ is committed by any
• Nullify preventive suspension obligation branch or instrumentality of the Government.
order of Ombudsman because it o Unenforceability • It may also prohibit acts of executive officials that amount to usurpation of
is an interlocutory order • Question merits of an arbitral legislative authority.
• Resolution of OMB in a award • There are precedents for treating a petition for declaratory relief as one for
preliminary investigation of a • Decisions and final orders of the prohibition if the case has far-reaching implications and raises questions
criminal case Sandiganbayan, CTA en banc, that need to be resolved for the public good
• Decision of the NLRC and CA raising pure questions of • Hierarchy of courts must be observed
• Judgment, resolution, or final law
order of the COMELEC and COA • Denial of a motion for the REQUISITES
• Interlocutory order issuance of a writ of possession is 1. The impugned act must be that of a tribunal, corporation, board, or person
• Denial of a motion to dismiss if a final order subject to appeal exercising judicial, quasi-judicial, or ministerial functions
tainted with GADALEJ (but 2. The tribunal, corporation, board, or person must have acted without or in
general rule, movant must file excess of jurisdiction or with grave abuse of discretion amounting to lack
answer and appeal later) of jurisdiction
3. There is no appeal or any other plain, speedy, and adequate remedy in
the ordinary course of law
10
• Not available against a mere resolution expressing the desire of a • Principal function is to command, not to inquire, expedite, or to adjudicate.
Sangguniang Panglungsod to expropriate property. It would be • Will not issue to compel an official to do anything which is not his duty to do
premature because the power of eminent domain could be or which is his duty not to do.
exercised by the City only through the filing of a verified complaint • Not available to direct the exercise of a judgment or discretion in a
(Spouses Yusay v. CA). particular way.
• Like a petition for certiorari, it shall be accompanied by a certified true copy • A judgment in mandamus is a special judgment as it requires the
of the judgment or order subject of the petition, copies of all pleadings and performance of any act other than the payment of money or the sale or
documents relevant and pertinent thereto and a sworn certification of non- delivery of property. The respondent who receives an adverse judgment
forum shopping. shall be ordered to perform the act and to pay damages.
• Declaratory relief may be treated as mandamus if the issue involved has
PROHIBITION INJUNCTION far-reaching implications.
Directed against a court, tribunal, or Directed against a party in the action
a person exercising judicial, quasi- Prayer in Mandamus:
judicial, or ministerial functions 1. That judgment be rendered commanding the respondent to do the act
It is based on the ground that the It does not involve jurisdiction of the required to be done to protect the rights of the petitioner
court against whom the writ is sought court 2. That the respondent pay the damages sustained by the petitioner by
had acted without or in excess of reason of the wrongful acts of the respondent.
jurisdiction
It is always the main action It may be the main action itself or just REQUISITES
a provisional remedy 1. That plaintiff has a clear legal right to the act demanded.
• Right must be clear and complete
CERTIORARI PROHIBITION • Right granted by law or inferable as a matter of law
Annul acts of a respondent Directed against a respondent • If the question is one of public right ad the object of the mandamus is
performing judicial or quasi-judicial exercising judicial, quasi-judicial, or to procure the performance of a public duty, it is sufficient to show that
functions ministerial functions the petitioner is a citizen even if he has no special interest in the result.
Directed against the action of the Directed against the tribunal itself 2. It must be the duty of the defendant to perform the act because the same
court which is sought to be annulled commanding it to desist from further is mandated by law
proceeding with the case 3. The defendant unlawfully neglects the performance of the duty enjoined by
law
Purpose is to annul or modify, the Purpose is to command the
4. The act to be performed is ministerial, not discretionary.
judgment, order, resolution, or respondent to desist from further
proceedings of the public respondent proceeding
MINISTERIAL DISCRETIONARY
Corrective Preventive
Which an officer or tribunal performs If the law imposes a duty upon a
in a given state of fact, in a public officer and gives him the right
C. MANDAMUS
prescribed manner, in obedience to to decide how or when the duty shall
• Writ issued in the name of the State, to an inferior court, tribunal,
the mandate of a legal authority, be performed, such duty is
corporation, board, officer or person, commanding the performance of an
without regard to or the exercise of discretionary.
act which the law enjoins as a duty resulting from an office, trust, or station.
his own judgment.
• Extraordinary writ commanding a tribunal, corporation, board, officer, or
person to do an act required to be done, as in the following:
a. When it unlawfully neglects the performance of an act which the law • Commands the performance of a purely ministerial duty imposed by
specifically enjoins as a duty (resulting from an office, trust, or station), law. Nothing is left to discretion and is a simple and definite duty.
and there is no other plain, speedy, and adequate remedy in the • However, mandamus may lie to compel discretionary acts where there
ordinary course of law. is:
b. When one unlawfully excludes another from he use and enjoyment of o Grave abuse of discretion,
a right or office to which such other is entitled and there is no other o Manifest injustice, or
plain, speedy, and adequate remedy in the ordinary course of law. o Palpable excess of authority.
11
5. There is no other plain, speedy, and adequate remedy in the ordinary ministerial function
course of law (notice that appeal was not mentioned). Acted: Unlawfully:
• Mandamus will not lie when administrative remedies are available. Prior 1. Without jurisdiction; 1. Neglected a
resort to exhaustion of administrative remedies is, however, not 2. In excess of jurisdiction; or ministerial duty; or
required where 3. With grave abuse of discretion amounting to 2. Excluded another
o The questions raised are purely legal or lack or excess of jurisdiction from a right or office
o When respondent is estopped from invoking the rule of exhaustion Purpose is to annul or Purpose is to have Purpose is for
on administrative remedies. nullify a proceeding respondent desist from respondent to:
further proceeding 1. Do the act required
MANDAMUS MAY LIE MANDAMUS MAY NOT LIE and
• Compel a judge to act and rule • Direct the manner on how a 2. To pay damages
on a motion or a complaint judge is to rule on a motion or Corrective – to prevent Preventive and Affirmative or positive (if
• The prosecutor refuses to include how to act on a particular usurpation of jurisdiction negative – to restrain or performance of duty is
in the information certain persons complaint filed before it prevent usurpation of ordered) or Negative (if
whose participation in the crime • Not proper to direct a duty that jurisdiction a person is ordered to
clearly appears or to follow the involves the exercise of discretion. desist from excluding
proper procedure for the • Mandamus may not lie to compel another from a right or
discharge of these persons in order a prosecutor to file an office)
that they may be utilized as information. Covers discretionary Covers discretionary Covers ministerial acts
prosecution witnesses. • Compel the performance of an acts and ministerial acts
• Compel execution of judgment act prohibited by law
• Municipality fails or refuses, without • Reconstitution COMMON RULES IN CERTIORARI, PROHIBITION, MANDAMUS
justifiable reasons, to effect • Issuance of a decree of 1. They are all subject to the discretion of the court
payment of a final money registration 2. The rule on hierarchy of courts should be observed
judgment rendered against it. • Enforce the performance of 3. The writs are prerogative and extraordinary writs
• Court refuses to accept an contractual obligations 4. Same jurisdiction and venue
amendment of a pleading as a 5. Availability of provisional remedies
matter of right. 6. The required attachments are the same
• Compel the JBC to submit list of 7. Order to comment the same
nominees to the President to fill up 8. Proceeding in the lower court shall continue until it receives TRO/PI
the vacancy in the SC in order to 9. Compliance with the material dates rule
enable the President to appoint 10. Absence of any adequate and speedy remedy in the ordinary course of
within 90 days. law
MANDAMUS INJUNCTION Process:

Remedial Preventive 1. Verified petition
To set in motion and to compel To restrain motion or to enforce 2. If sufficient in form, the court shall order the respondent/s to comment
action (Active) inaction (Conservative) within 10 days from receipt of the copy of the order. If filed with SC or CA,
Motion to dismiss – Rule 16 and 17 Additional ground for motion to court may require respondents to comment before giving due course to
dismiss – Rule 58 Sec. 6 the petition. If not sufficient or PPQ, the court may dismiss it outright. And
award treble costs in addition to administrative sanctions against
CERTIORARI PROHIBITION MANDAMUS petitioner’s counsel.
Directed against an It is directed against an It is directed against an 3. Comment
entity or person entity or person entity or person 4. Court may require the filing of the reply and other responsive pleadings as
exercising judicial or exercising judicial, exercising ministerial it deems necessary and proper.
quasi-judicial function quasi-judicial, or function 5. Hearing or memoranda or dismiss
12
6. Judgment shall be served upon the respondent and failure to comply 3. If the petition is sufficient in form and substance, the court shall issue a writ
shall be punished as contempt. and require the respondent to comment on the petition within 10 days
7. Execution may issue for any damages or costs awarded from receipt of a copy thereof.
• This shall be served upon the respondent is such manner as the court
may direct, together with a copy of the petition and any annexes
WRIT OF CONTINUING MANDAMUS/WRIT OF KALIKASAN thereto
• The writ is issued as a matter of course if the petition is sufficient in form
WRIT OF CONTINUING MANDAMUS and substance
• Writ issued by a court in an environmental case directing any agency or 4. After the comment is filed, the court has 2 options:
instrumentality of the government or officer thereof to perform an act or • The court may hear the case (summary hearing); or
series of acts decreed by final judgment which shall remain effective until • The court may opt to merely require the parties to submit memoranda
judgment is fully satisfied. 5. The petition shall be resolved without delay within 60 days from the date
• The writ is available when any agency, instrumentality of the government, of the submission of the petition for resolution
or officer thereof: 6. JUDGMENT
a. Unlawfully neglect the performance of an act which the law • If warranted, the court shall:
specifically enjoins as a duty resulting from an office, trust, or station a. Grant the privilege of the writ if continuing mandamus requiring
in connection with the enforcement or violation of an environmental the respondent to perform an act or series of acts until the
law rule or regulation or a right therein; or judgment is fully satisfied; and
b. Unlawfully excludes another from the use or enjoyment of such right b. Grant such other reliefs as may be warranted resulting from the
• There must be showing that there is no other plain, speedy, adequate wrongful or illegal acts of the respondent
remedy in the ordinary course of law. • Writ is final and executory but the court retains jurisdiction to see to it
that the respondent performs.
Form and contents of petition • The court may also require the respondent to submit periodic reports
Verified petition: detailing the progress and execution of the judgment, and the court
1. Alleging the facts with certainty may, by itself or through a commissioner or the appropriate
2. Attaching thereto supporting evidence, specifying that the petition government agency evaluate and monitor compliance.
concerns an environmental law, rue, or regulation • The periodic reports shall be contained in partial returns of the writ.
3. Praying that the judgment be rendered commanding the respondent to 7. Petitioner may submit comments or observations on the execution of the
do an act or series of acts until the judgment is fully satisfied and to pay judgment.
damages. 8. Upon full satisfaction of the judgment, the respondent shall make a final
4. Sworn verification of non-forum shopping return of the writ to the court which rendered the judgment by the
respondent. If the court finds that the judgment has been fully
Where to file implemented, the satisfaction of judgment shall be entered in the court
1. RTC exercising jurisdiction over the territory where the actionable neglect docket.
or omission occurred
2. CA WRIT OF KALIKASAN
3. SC
REQUIREMENTS
*Exempt from payment of docket fees. • The writ is available to a:
a. Natural person
Action of the court when petition is filed b. Juridical person
1. Issue such orders to expedite the proceedings and c. Entity authorized by law
2. Also grant a Temporary Environmental Protection Order (TEPO) for the d. People’s organization
preservation of the rights of the parties pending such proceedings e. NGOs or
• The TEPO is granted if it appears that the matter is of extreme urgency f. Any public interest group accredited by or registered with any
and the applicant will suffer grave injustice and irreparable injury. governmental agency
13
• The petition may be filed not only on one person’s behalf but also on *Exempt from docket fees
behalf of persons whose constitutional right to a balanced and healthful
ecology is violated. Issuance of writ:
• The violation or threatened violation is caused by an unlawful act or 1. The court shall give an order:
omission and the one responsible for such is any of the following: a. Issuing the writ; and
a. Public official b. Requiring the respondent to file a verified return which must be filed
b. Public employee within a non-extendible period of 10 days3 after service of the writ.
c. Private individual 2. Order shall be issued within 3 days from the date of the filing of the
d. Private entity petition. It shall not be issued as a matter of course but only upon finding
3. An actual violation of the constitutional right to a balanced and healthful that the petition is sufficient in form and substance.
ecology is not required. It is sufficient that the right is threatened with a
violation. Duty of Clerk of Court
4. The unlawful act or omission involves and environmental damage of such • Upon receipt of the order, the Clerk of Court shall issue the writ of
magnitude as to prejudice the life, health, or property of inhabitants in Kalikasan under the seal of the court including the issuance of a cease
two or more cities or provinces. and desist order and other temporary reliefs which shall be effective until
further orders.
REQUISITES: • If the clerk of court either unduly delays or refuses to issue the writ, he shall
1. That there is an actual or threatened violation of the constitutional right to be punished for contempt without prejudice to other civil, criminal, or
a balanced and healthful ecology; administrative actions.
2. The actual or threatened violation is due to an unlawful act or omission of
a public official or employee, or private individual or entity; Service of the writ
3. The situation in the ground involves an environmental damage of such • The writ shall be served upon the respondent by a court officer or a
magnitude as to prejudice the life, health or property of inhabitants in two person deputized by the court.
or more cities or provinces. • The writ shall first be served personally. If it cannot be served personally,
the rule on substituted service shall apply.
FORM • Server is required to retain a copy of the writ on which to make a return of
1. Petition must be verified and contain: service.
a. The personal circumstances of the petitioner and the respondent or • A court officer who unduly delays or refuses to serve the writ shall be
the latter may be described by an assumed appellation if his name punished for contempt without prejudice to other civil, criminal, or
and personal circumstances are unknown and uncertain. administrative actions.
b. The environmental law, rule, or regulation violated or threatened to
be violated Contents of Return of Respondent
c. Act or omission complained of 1. All defenses to show that respondent did not:
d. Environmental damage of such magnitude as to prejudice the life, a. Violate
health, or property of the inhabitants in two or more cities or provinces b. Threaten to violate
e. All relevant and material evidence consisting of the affidavits of c. Allow the violation of any environmental law, rule or regulation ; or
witnesses, documentary evidence, scientific or other expert studies, d. Commit any act resulting to environmental damage of such
and if possible, object evidence magnitude as to prejudice the life, health, or property of inhabitants in
2. The petition shall also contain the equivalent of a certification against two or more cities or provinces.
forum shopping. *A general denial shall be considered an admission and all defenses not
3. The petition shall also state the reliefs prayed for which may include a raised shall be deemed waived.
prayer for the issuance of a TEPO. 2. Affidavits of witnesses, documentary evidence, scientific or other expert
studies, and if possible, object evidence to support the defense of the
Where to file respondent.
1. SC
2. CA !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
3A motion for a bill of particulars, extension of time to file a return, and a motion for
postponement is not allowed.
14
Possible Reliefs
Effect of failure to file return 1. Directing respondent to:
1. Respondent cannot be declared in default for failure to file a return a. Permanently cease and desist from committing acts or neglecting
because a motion to declare the respondent in default is a prohibited the performance of a duty in violation of environmental laws
motion. resulting in environmental destruction or damage.
2. The court shall proceed to hear the petition ex parte. b. Protect, preserve, rehabilitate or restore the environment
3. The respondent is not allowed to file a motion to dismiss instead of filing a c. Monitor strict compliance with the decision and orders of the court
return because it is one of the prohibited motions under the Rules. d. Make periodic reports on the execution of the final judgment
4. The ff. may, after hearing be punished for indirect contempt: 2. Such other reliefs which relate to the right of the people to a balanced
a. RESPONDENT who: and healthful ecology or to the protection, preservation, rehabilitation or
i. Refuses restoration of the environment, except the award of damages to
ii. Unduly delays individual petitioners.
iii. Makes a false return
b. Any person who Appeal
i. Disobeys • A party may appeal to the SC under Rule 45 within 15 days from the date
ii. Resists a lawful process or order of the court. of notice of the adverse judgment or denial or MR or MNT.
• Appeal may raise questions of fact.4
Preliminary Conference
• Upon receipt of the return, the court may call a preliminary conference Prohibited Pleadings:
to: 1. Counterclaim
a. Simplify the issues; and 2. Cross-claim
b. Determine the possibility of obtaining stipulations or admissions from 3. Third-party complaint
the parties 4. Reply
• A party may file a verified motion for certain reliefs.
a. Ocular inspection order; and Prohibited motions
b. Production or inspection of documents or things. 1. Motion to dismiss
2. Motion for extension of time to file return
Hearing 3. Motion for postponement
• After the preliminary conference, the petition shall also be set for hearing. 4. Motion for a bill of particulars
• The period of hearing, including the preliminary conference, shall not 5. Motion to declare the respondent in default.
extend beyond 60 days and shall be given priority as petitions for the writs
of habeas corpus, amparo, and habeas data. The filing of a petition for the issuance of the writ of kalikasan shall not
preclude the filing of other actions (civil, criminal, admin) separate from the
Submission for decision: petition.
• After hearing, the court shall issue an order submitting the case for
decision.
• The court may, however, require the filing of memoranda within a non-
extendible period of 30 days from the date the petition is submitted for
decision.
• The memoranda may be, if possible, in electronic form.
Judgment
• Court shall render judgment within 60 days from the time the petition is
submitted for decision
• Judgment shall either grant or deny the privilege of the writ of kalikasan
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
4 Exception to the rule that only questions of law may be raised in a Rule 45 petition.
15
or entities engaged in some kind of undertaking or business). Even if a
RULE 66 person does not occupy the public office but he claims that he is entitled
QUO WARRANTO to such, he can be impleaded as respondent.
Quo Warranto 2. Public officer: does or suffers an act which, by the provision of law,
• An action against a person who usurps, intrudes into, or unlawfully holds or constitutes a ground for forfeiture of his office.
exercises a public office or even a public franchise. 3. Association: acts as a corporation within the Philippines without being
• Literally means: “by what authority” legally incorporated or without lawful authority to do so.
• Action for the usurpation of a public (private not included):
a. Office *All persons who claim to be entitled to the public office, position, or franchise
b. Position may be made parties. In the same action, the court shall determine their
c. Franchise respective rights to such public office, position, or franchise.
• Commenced by a verified petition
What are the purposes of the Special Civil Action of Quo Warranto:
QUO WARRANTO MANDAMUS 1. To determine who is really entitled to a public office or public position
Respondent should be occupying the There are 2 kinds and one is when a 2. To determine who was lawfully granted the franchise and entitled to
office. party or person excludes another exercise the same
from the exercise of the office.
Brought against the holder of the Who can initiate an action for quo warranto:
office, who is the person claiming the Respondent is not occupying the 1. Solicitor General or public prosecutor
office office. • It can either be with or without leave of court.
• Without leave of court (mandatory to commence):
Brought against the person who is a. Directed to do so by the President
responsible for unlawfully excluding b. When he acts upon the complaint of any individual or entity
the petitioner from office, like an c. Even without the complaint, if under the circumstances, the
appointing authority Solicitor General determines that there is good reason to institute
the proceeding that he can do it without leave of court
Designed to try the right or title to the It does not lie to try disputed titles but • With leave of court (discretionary)
office, if the right or title itself is only to enforce legal duties. o Initiation is upon the relation of an individual
disputed. o The officer bringing the action must first require an indemnity for
the expenses and costs of the action. It shall be in an amount
Different actions that may be subject of quo warranto: approved by the court and deposited with it.
1. When a person usurps or intrudes into a public office or position o Court shall direct that notice be sent to the respondent so that
2. When a public officer commits acts which would constitute forfeiture of his he may be given the opportunity to be heard and to oppose the
public office application.
3. When an association acts as a corporation o If permission is granted, the court shall issue an order to that
effect and it shall be served on all the interested parties.
Who can be petitioner:
1. The Republic of the Philippines 2. Individual
2. Any private individual who claims to be entitled to the public office • He/she can initiate the proceeding in his name without leave of court
• He or she must be the one who claims to be entitled to a public office
*A public utility may bring a quo warranto action against another public utility or position which was usurped or unlawfully held or exercised by
which has usurped the rights of the former granted under a franchise. another person.
• He must show that he has a clear right to the office being held by
Who can be respondent: another. Mere assertion of a right is not sufficient.
1. Person: who intrudes (insert yourself or force yourself into an office) or
usurps (take over) into, or unlawfully holds or exercise a public office,
position or franchise (special privilege granted by the state to individuals
16
Relator: a person at whose request and upon whose relation the Solicitor • The court may render judgment for costs against either the petitioner,
General or public prosecutor brings an action for quo warranto with the relator, or respondent, or the person claiming to be a corporation. It
permission of the court. may also apportion costs, as justice requires.
3. Such further judgment determining the respective rights in and to the
Jurisdiction (concurrent – observe hierarchy of courts) public office, position or franchise of all the parties to the action as justice
1. Supreme Court requires.
2. Court of Appeals
3. RTC Are provisional remedies available in quo warranto? Not all. Injunction yes.
a. Venue: where the defendant or any of the principal defendants
reside Right of Petitioner if he prevails:
b. If it is brought by the Solicitor General, the petition may be brought in 1. Right to occupy the office.
the RTC of Manila 2. He can demand all the books pertaining to the office and other official
4. Sandiganbayan documents as well as the turn over of all the properties of the office.
• Has jurisdiction in relation to the forfeiture of ill-gotten wealth 3. Recover damages by reason of usurpation (sue within 1 year from entry of
• Under PD 1606 as amended by RA 8249, it may be brought to the judgment establishing his right to the office in question)
Sandiganbayan in aid of its appellate jurisdiction.
* If respondent refuses to surrender the office, it can constitute indirect
*First level courts may exercise quo warranto when the subject is the public contempt of court.5
office of the barangay.
Quo Warranto against corporations
When to file: • Corporation may be brought only against a de facto corporation, not a
• Within 1 year from the time the cause of ouster or 1 year from the time the de jure corporation.
right of the petitioner to hold such office or position arose. • De facto corporation: one which, in good faith, claims to be a
• Damages: 1 year from finality or entry of judgment if damages were not corporation being organized pursuant to a valid law, and assumes
given in such case. corporate powers because it was issued a certificate of incorporation. It is
• The 1-yr period is not interrupted by the prosecution of an administrative a corporation which exists in fact but not in law.
remedy as, in quo warranto proceeding, no one is compelled to resort to • Under the Corporation Code, the due incorporation of any corporation
administrative remedies since public interest requires that it should be claiming in good faith to be a corporation under such Code shall not be
determined as speedily as possible. inquired into collaterally. It must be made by the Solicitor General in a quo
warranto proceeding (Sec. 20).
What should the petition contain:
1. The right being claimed by the petitioner (what is his basis) QUO WARRANTO UNDER ELECTION LAW
2. Allege that the occupant is not lawfully entitled to the same JURISDICTION
3. Any other claims within the jurisdiction of the court • COMELEC
• RTC
Allegations when the petition is filed against a person (section 6) • MTC: barangay officer
1. The name of the person who claims to be entitled thereto • HRET: Elected member of the House of Representatives (after
2. The petitioner’s right to the same proclamation)
3. Unlawful possession of the office, position, or franchise by the respondent
WHO MAY FILE: Any voter contesting the election of any Member of the
*The court may reduce the period for filing the pleadings in order to secure Batasang Pambansa, regional, provincial, or city officer
the most expeditious determination of the matters involved therein consistent
with the rights of the parties.
Judgment: (section 9)
1. Respondent shall be ousted and excluded from the office !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
5This contempt is punished after a charge in writing has been filed and an opportunity
2. The petitioner or relator, as the case may be, shall recover his costs
given to the respondent to be heard.
17
GROUNDS:
1. Ineligibility *If there is a pending administrative case and you win in an election, that
2. Disloyalty to the Republic of the Philippines administrative case is waived. But this was overturned by the Binay case. No
more automatic pardon by the people.
When to file: within 10 days after the proclamation of the results of the
election. ELECTION PROTEST QUO WARRANTO
Cause of action is the irregularity in Cause of action is the eligibility of the
QUO WARRANTO UNDER QUO WARRANTO UNDER the conduct of the election candidate or lack of it or his being
RULES OF COURT ELECTION LAW disloyal to the Republic
Governing Law Rules of Court Election Law Proposes to oust the winning Object is to unseat the ineligible
Office Appointive office Elective office candidate from office person but not to install the petitioner
Issue Legality or illegality of the Eligibility or ineligibility or in his place
occupancy of the office his disloyalty to the
by virtue of an Republic If one of the candidates is declared
appointment ineligible, his opponent who lost will
When filed Within 1 year from the Within 10 days after the not be considered the winner.
time the cause of the proclamation of the Can only be filed by a candidate Any voter may initiate the action
ouster or the right of the results of the election who has duly filed a certificate of
petitioner to hold the candidacy
office or position arose Object is to know who won COMELEC determines who won
Who may file 1. In the name of the May be any voter even if
Republic by a verified not entitled to the office *A controversy where the petitioner is seeking to be seated as the second
petition or nominee of a party list organization is neither an election protest nor a quo
2. By an individual in his warranto.
own name if he
claims to be entitled SEC COURT
to a public office • Association acts as a corporation • Person, who is a member of the
Jurisdiction 1. SC 1. COMELEC • If a complainant is a corporation corporation, unlawfully intrudes
2. CA 2. RTC against another corporation into office in a corporation
3. RTC 3. MTC (Special Commercial Court)
Also Sandiganbayan in
relation to forfeiture of ill-
gotten wealth RULE 67
What can the court The court determines who If person elected is EXPROPRIATION
do is legally appointed and ineligible, the court Eminent Domain
can and ought to declare cannot declare that • Right to take o reassert dominion over property within the state for public
the person entitled to candidate occupying the use or meet a public exigency.
occupy the office second place as elected • The ultimate right of the sovereign power to appropriate, not only the
even if he were eligible6 public but the private property of all citizens within the territorial
sovereignty, to public purpose.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! • Requisites:
6 But see Maquiling v. Comelec (G.R. No. 195649 2015): Winner in an election is the
o Public purpose
qualified candidate with the most number of votes even if the candidate who garnered
the highest number of votes is actually ineligible for the office. The qualifications under o Payment of just compensation.
the law must be met before one even becomes a candidate. When a person who is not o The due process clause and equal protection clauses must be
qualified is voted for and garners the highest number of votes, it will not cure the defect followed
in his or her qualifications. The winner is the candidate who garnered the highest
number of votes among the qualified candidates.
18
• Scope is plenary and may be delegated to local political subdivisions and • Value determined at the time of taking or filing of the complaint
public utilities. whichever comes first. (But for LGUs, at the time of taking)
• The power delegated is inferior and must conform to the limits imposed by
the delegating authority. Difference between Expropriation and Eminent Domain
• Eminent domain is the sovereign right of the State
Expropriation • Expropriation is the procedure to implement that sovereign right
• Forced private property taking
• Procedure for the exercise of the sovereign power of the state Which body has the power to expropriate?
• National government
What are the two most important requisites of expropriation? • Local government units
1. Public purpose • Public utilities
2. Payment of just compensation
Exercise of eminent domain by LGUs
Public use Requisites
• Public use: to serve the interest of the majority of the people. a. An ordinance (not a resolution)7 is enacted by a local legislative council
• Public use is any use that is of usefulness, utility, or advantage, or what is b. It is exercised for public use, purpose, or welfare, or for the benefit of the
productive of general benefit of the public. poor and landless
• There must be at the minimum, a genuine need, an exacting public c. The power may be exercised through its chief executive acting pursuant
purpose to take the property to the enacted ordinance
• E.g. Socialized housing project d. There is payment of just compensation
• The element of public use must be maintained throughout the e. A valid and definite offer was not accepted.
proceedings for expropriation.
• The condemnor should commit to use the property pursuant to the Under RA 7160, LGUs may take possession of the property immediately when
purpose stated in the petition for expropriation, failing which it should file the following requirements are met:
another petition for the new purpose. If not, then it behooves the a. Expropriation proceedings are filed
condemnor to return said property to its private owner, if the latter desires. b. The LGU makes a deposit with the proper court of at least 15% of the FMV
• Expropriated lands should be differentiated from a piece of land, (at the time of the taking) based on the current tax declaration of the
ownership of which was absolutely transferred by way of an unconditional property.
purchase. The taking in expropriation proceedings is always conditioned
on its continued devotion to its public purpose. Once the purpose is *A right-of-way easement resulting in a restriction or limitation on property
terminated or peremptorily abandoned, then the former owner, if he so rights over the land falls within the ambit of expropriation.
desires, may seek its reversion, subject to the return of the just
compensation. Before any action for expropriation is instituted, what is required of the plaintiff
before it files the case?
“Necessity” of expropriation • Definite offer
• Greatest benefit to the public with the least inconvenience
What court has jurisdiction?
Just compensation • RTC - court of the place where the property is located
• Just compensation is the full and fair equivalent of the property taken • Incapable of pecuniary estimation
from its owner by the expropriator.
• The measure is not the taker’s gain but the owner’s loss Two stages in expropriation proceedings:
• Real, substantial, full, and ample 1. Determination of the right of the plaintiff to expropriate
• Market value
• If payment is postponed, the interest is part of just compensation !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
• To be “just,” the payment must be made without delay if the property is 7An ordinance is a law, but a resolution is merely a declaration of the sentiment or
immediately taken. opinion of a lawmaking body. The former is permanent while the latter is temporary. A
third reading is necessary for an ordinance, but not for a resolution.
19
• Ends upon order of expropriation or dismissal o In the manifestation, he shall specifically designate or identify the
2. Determination of just compensation property in which he claims to have an interest. Thereafter, he
shall be entitled to notices of all the proceedings.
Matters to be alleged in a complaint for expropriation • The answer is required to:
1. State the right of the plaintiff to expropriation and the purpose there o Designate or identify the property in which the defendant claims to
2. Describe the real or personal property sought to be expropriated have an interest;
3. Join as defendants all persons owning or claiming to own, or occupying, o State the nature and extent of the interest claimed; and
any part of the property or interest therein, showing, so far as practicable, o All objections and defenses to the taking of the property.8
the interest of each defendant. • Motion to dismiss is not allowed.
4. If the title of the property to be expropriated is in the name of the • If the answer omits some defenses, the remedy is to seek leave to amend
Republic of the Philippines or if the title is obscure or doubtful, averment to the answer within 10 days from the filing thereof. LEAVE IS REQUIRED.
that effect shall be made in the complaint • Counterclaims, cross-claim, or third-party complaints are not allowed.
• Effect of not filing answer: defendant may still present evidence as to the
All properties can be expropriated except: amount of the compensation to be paid for his property and share in the
1. Money distribution of the award.
2. Choses in action
ORDINARY CIVIL ACTIONS EXPROPRIATION
*Property devoted to public use may be expropriated Counterclaims, cross-claims, third- Not allowed
party complaints allowed
Who are defendants? Amendment of answer may be a Amendment must always be made
• All those who claim ownership or any interest in the property should also matter of right so long as it is made with LEAVE OF COURT
be included before service of a responsive
• Persons owning, occupying, or claiming to own the property. Including pleading
mortgagee, lessee, and vendee in possession under an executor If defendant fails to file an answer, he If defendant fails to file an answer, he
contract. cannot take part in the trial after may still present evidence as to the
• The owner is not necessarily the only person who is entitled to being declared in default amount of the compensation to be
compensation. Every person having an estate or interest at law or in paid for his property and share in the
equity in the land taken is entitled to a share in the award. If not made a distribution of the award.
party, he is given the right to intervene.
• Defendants shall be served with summons, which shall state the time ENTRY UPON THE PROPERTY OR POSSESSION THEREOF
allowed for the filing of the answer. • The expropriator may take or enter upon the property upon
a. The filing of the complaint;
What is the reason why the government can still institute expropriation b. Deposit (money unless certificate of deposit is authorized by the
proceedings over a property whose title is already in the state? court) with the proper government authority an amount equivalent to
• If a private party is occupying the property the
! Real property: assessed value of the property for purposes of
Answer taxation with the authorized government depositary, which shall
• Defendant shall serve an answer if he has an objection to the: be held by the bank
a. Filing of the complaint ! Personal property: amount fixed by the court after value is
b. Allegations in the complaint provisionally ascertained.
c. Objection or defense to the taking of his property c. Due notice to the defendant
• Answer is not required if defendant has no objection or defense to the
action or to the taking of his property. Instead, he may file and serve a:
a. Notice of appearance; and
b. Manifestation to the fact that he has no objection or defense to the
taking of his property, within the time stated in the summons.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
8 Similar to the omnibus motion rule.
20
DEPOSIT 3. Public usage
• After deposit, the court shall order the sheriff or other proper officer to 4. Ruling that expropriation should be done
place the plaintiff in possession of the property involved and promptly
submit a report to the court. Copies shall be served to the parties. *After the order of expropriation, the plaintiff shall not be permitted to dismiss
• Deposit is only required if the plaintiff desires entry on the land, otherwise, it or discontinue the proceeding except upon such terms as the court deems
could wait until the order of expropriation. just and equitable.
• Once deposit is made, the expropriator is entitled to a writ of possession as
a matter of right, and its issuance is ministerial. Property is used by the GSIS for government employees, is that for public use?
• Hearing is not required Yes.
• Purpose
a. Serves as an advance payment to the owner of the property should Piece of land where the plaintiff expropriates only ½, when would the
the court decide in favor the plaintiff; or remaining half appreciate and when would it depreciate?
b. should it be otherwise, the deposit shall serve as indemnity against any • Depends on what the other half is used for.
damage which the owner may have sustained. • If for residential, it will depreciate. If used for other purposes where other
business would come out, it would appreciate.
General Rule LGU National Gov’t
(RULE 67) (LGC) Infrastructure Projects What is the remedy when the court issues the order of expropriation?
(RA 8974) Appeal. Order is final.
Where to Initial deposit with Deposit with the Government must
make an authorized proper court make immediate When the order of expropriation is appealed from, will the second stafe be
payment government payment to the held in abeyance or suspended by the appeal?
depositary property owner upon No. It shall not prevent the court from determining the just compensation.
the filing of the Plaintiff may also not be prevented from entering upon the property as a
complaint to be consequence of the appeal.
entitled to a writ of
possession What is the peculiarity with the appeal of the order in terms of how it is
Amount Equivalent to 15% of the FMV Whichever is higher perfected?
to be assessed value for based on the current between: You need a record on appeal so you need approval of the appellate court.
deposite purposes of tax declaration of 1. Market value as
d/paid taxation the property stated in the tax What if trial court’s order is reversed on appeal?
declaration Judgment shall be rendered ordering the RTC to enforce the restoration of the
2. Zonal value possession of the property to the defendant and to determine the damages
which the defendant sustained.
AND the value of the
improvements and/or SECOND STAGE
structures using the 1. Commissioners
replacement cost • Upon rendition of the order of expropriation, the court shall appoint not
method more than 3 commissioners to ascertain the just compensation for the
property.
Order of expropriation (declaring that the plaintiff has a lawful right) shall be • Objections may be made within 10 days from the service of the order of
issued in the ff. cases: appointment of the commissioners to the parties, and shall be resolved
1. In the event the objections of the defendant are overruled; or within 30 days after all the commissioners shall have received copies of
2. When no party appears to object to or defend against the expropriation the objections.
• Commissioners are entitled to fees which shall be taxed as part of the
What should the order of expropriation contain? costs of the proceedings which shall be paid by the plaintiff.
1. Description
2. Authority of the plaintiff
21
• Appointment of commissioners is a mandatory requirement. A hearing • Judgment shall state
before the commissioners is indispensable to allow the parties to present o The particular property or interest therein expropriated
evidence on the issue of just compensation. o Nature of the public use or purpose for which it is expropriated
• While the trial court may substitute its own estimate of the value, it may
only do so for valid reasons, that is: GUIDELINES TO REMEMBER:
a. Where the commissioners have applied illegal principles; 1. Just compensation must be valued at the time of taking or the time when
b. Disregarded a clear preponderance of evidence; or the owner was deprived of the use and benefit of his property
c. Where the amount is grossly inadequate or excessive. • Filing of complaint or the taking, whichever came first
• Commissioners shall assess the consequential damages to the property • LGC: FMV at the time of the taking
not taken and deduct from it the consequential benefits to be derived by 2. Interest may be awarded as may be warranted by the circumstances of
the owner from the public use or purpose of the property taken but in no the case
case shall the consequential benefits assessed exceed the consequential 3. Just compensation may be arrived at pursuant to the guidelines under
damages nor shall the owner be deprived of the actual value of the Sec. 17 of RA 6657 and formula under DAR A.O. No. 5
property. 4. If the RTC finds these guidelines inapplicable, it must clearly explain the
• Bear in mind owner’s loss not taker’s gain reasons for deviating therefrom.
• REPORT
o The report of the commissioners must be filed within 60 days from Effect of non-payment of just compensation
notice of their appointment, which may be extended at the discretion • Does not automatically entitle the private landowner to recover
of the court. possession of the expropriated lots.
o The Report shall not be effectual until the court accepts their report • However, in cases where the government failed to pay just compensation
and rendered judgment in accordance with their recommendations. within 5 years from the finality of judgment, owners shall have the right to
o Interested parties may file their objections within 10 days from notice recover possession of their property.
thereof.
Right of plantiff after judgment
What is the standard by which just compensation is determined? 1. Enter upon the property expropriated;
• Fair market value + (Consequential damages - consequential benefits) 2. Appropriate the same for the public use or purpose defined in the
• In no case shall the consequential benefits exceed the consequential judgment; or
damages nor shall the owner be deprived of the actual value of his 3. Retain possession already taken
property
• If CB exceed CD, just compensation shall be equivalent to the FMV Recording of the judgment
• Sentimental value is not included • It shall also state the nature of the public purpose
• If it is real estate, a certified copy of such judgment shall be recorded in
2. Judgment the registry of deeds of the place where the property is situated.
• Court may either: • Recording shall vest upon the plaintiff the title to the real estate for such
o Accept – render judgment in accordance with the report public purpose.
o Set aside
! Appoint new commissioners; or When will the title to the property be vested to plaintiff?
! Recommit commissioners for further report of facts • Personal property: upon payment of just compensation
o Accept in part and reject in part • Real property: upon payment of just compensation and registration
• Payment shall consist of amount fixed plus interest from taking of
possession. Appeal from judgment as to compensation
• If defendant declines to receive the amount, it shall be ordered deposited • Shall not have the effect of delaying the right of the plaintiff to enter upon
in court and shall have the same effect as actual payment. the property and appropriate the same for public use or purpose.
• If there are conflicting claims, the court may order that the amount be • But if the appellate court determines that the plaintiff has no right of
paid to the court for the benefit of the person adjudged to be entitled expropriation, judgment shall be rendered ordering the RTC to restore the
thereto in the same proceeding. property to the defendant and determine the damages which he may
• Issue of ownership should be litigated in the expropriation court. have sustained.
22
Costs Accommodation mortgagor Debtor
Paid by plaintiff except: Liability is only up to the value of the Liable for the full extent of the debt.
• Cost of rival claimants litigating their claims; or mortgaged property.
• Appeal is taken and judgment is affirmed on appeal. The costs of the
appeal shall be paid by the owner who appealed. When the mortgaged property is sold Deficiency can be charged against
and the proceeds of the auction sale the debtor.
are not enough to cover the
RULE 68 indebtedness, that deficiency cannot
FORECLOSURE OF REAL ESTATE MORTGAGE be charged against the
accommodation mortgagor.
MORTGAGE
• Accessory contract whereby a debtor puts in his property as security for What court has jurisdiction?
the payment of indebtedness to the creditor. MTC: Both the assessed value and the amount of debt must fall within the
• The only right of a mortgagee is to demand payment of a debt and if jurisdiction of the MTC
there is default, to bring an action of foreclosure.
• The mortgagee does not possess, own, and cannot participate in the acts RTC: if either the amount of the debt or the value of the property falls within its
of ownership and possession. jurisdiction
• A mortgage creates a lien in the property.
• If the mortgage contract is not reduced to a notarized document and not RTC is a court of general jurisdiction and therefore, under the law, whenever
registered with the register of deeds, it is only binding upon the parties. you cannot determine in what court you should file the complaint, you should
• If registered, that real right shall bind the whole world because the whole file it with the RTC.
world is constructively considered as having knowledge of the mortgage.
Venue:
2 Subjects of mortgage Court of the place where the property is located.
1. Real properties or Alienable legal right (real right)
• Real estate mortgage: accessory contract executed by a debtor in Does the court have jurisdiction over the foreclosure of real property situated
favor of a creditor as security for the principal obligation. outside its territorial jurisdiction?
• E.g. a lien arising from a lease contract, right of redemption It has jurisdiction but there is defect in venue.
• Non-alienable legal right: the right of the spouses to each other
Who are the parties in a foreclosure proceeding of real estate mortgage?
2. Personal properties 1. Plaintiff - mortgagee
• Chattel mortgage 2. Defendants – mortgagor and people who have interest in the property
Foreclosure of mortgage: A proceeding that subjects the mortgaged property Who are the indispensable party defendants?
to be sold at public auction for the payment of the loan secured by the Mortgagor (who is not the debtor) and the debtor
mortgage.
Why is the debtor an indispensable party?
2 Kinds of Foreclosure:
1. Judicial Foreclosure (Rule 68) – 5% Can a property which was already mortgaged be the subject of another
2. Extrajudicial Foreclosure (Act 3135) – 95% mortgage?
• Special power inserted in or attached to the real estate mortgage • Yes. The mortgagor is the owner.
contract allowing an extrajudicial foreclosure sale. Where there is no • If the second mortgagee files a complaint for foreclosure, there is also no
special power, it shall be done judicially. rule prohibiting the former from impleading the first mortgagee. If the
latter is not impleaded. He may intervene because he has legal interest.
Accommodation mortgagor: the mortgagor is the owner of the property but
not the debtor.
23
Effect of non-recording Pactum Commissorium
• If the instrument is not recorded, the mortgage is nevertheless binding • A stipulation empowering the creditor to appropriate the thing given as
between the parties. guaranty for the fulfillment of the obligation in the event the obligor fails to
• Recording is necessary to bind third persons. live up to his undertakings, without further formality, such as foreclosure
proceedings, and a public sale.
Dragnet clause or blanket mortgage clause • ELEMENTS:
• The mortgage is a security for past, present, and future indebtedness. a. There should be a property mortgaged by way of security for the
• Valid stipulation payment of the principal obligation
• Future debts must be sufficiently described in the mortgage contract b. There should be a stipulation for automatic appropriation by the
creditor of the thing mortgaged in case of non-payment of the
Does the mortgagor need the consent of the mortgagee if the former wants to principal obligation within the stipulated period.
subject the property to another mortgage? • If the debtor defaults, the creditor cannot ipso facto appropriate the
No because the lien of the subsequent mortgagee is inferior to the first mortgaged property because of the policy against pactum
mortgagor. commissorium.
What should the complaint contain? PROCEEDINGS:

1. The date and due execution of the mortgage; FIRST STAGE
2. The assignments of the mortgage, if any; 1. There is a mortgaged loan. The loan matures and the debtor defaults.
3. The names and residences of the mortgagor and mortgagee; 2. Mortgagee files a complaint for foreclosure of the mortgagor.
4. A description of the mortgaged property; • The most important thing is the amount due (principal debt, accrued
5. A statement of the date of the note and other documentary evidence of interest, other charges, including attorney’s fees) to the mortgagee.
the obligation secured by the mortgage; • The second most important is the command by the court ordering the
6. The amount claimed to be unpaid thereon; and payment of the judgment debt within a period of not less than 90 or
7. The names and residences of all persons having or claiming an interest in more than 120 days.
the property subordinate in right to that of the holder of the mortgage, all 3. Judgment of foreclosure (culminates the first stage)
of whom shall be made defendants in the action. • Shall state;
a. Ascertainment of the amount due including interest
Prayer b. Judgment for the sum
• Payment of the debt c. Order that the amount due be paid to the court or to the
• Foreclosure of the mortgage judgment obligee within a period of not less than 90 days nor
more than 120 days from the entry of judgment.
Is a motion to dismiss the complaint for foreclosure allowed? d. Admonition that, in default, the property shall be sold at public
Yes. auction.
• Final order and therefore appealable independently.
When is foreclosure proper? • Defendant has 2 options:
• There must be default - debtor must have failed to pay his debt despite a. Appeal
demand. o If defendant appeals, can the mortgagee move for the
issuance of an order directing the public sale? No because
Alternative remedies (election of the one bars the other) the judgment is not yet final.
1. To file an action for collection of a sum of money o The appeal suspends the running of the period for finality.
2. To foreclose the mortgage, of one has been constituted b. Pay
o Upon receiving the order, and the defendant pays, no more
*The remedy is deemed chosen upon the filing of the complaint for collection foreclosure.
or for foreclosure. As to an extrajudicial foreclosure, it is deemed chosen upon • If appellate court affirms judgment of foreclosure,
filing of the application for foreclosure with the Office of the Sheriff of the • If within 15 days from receipt of the order and no appeal is perfected,
Province where the sale is to be made. then the judgment becomes final and executory. Entry of judgment.
• Equity of redemption
24
o Right to extinguish the mortgage and retain ownership by paying • If the mortgagor was not notified, the subsequent confirmation is vitiated
the debt. and it is as if no confirmation ever took place. The mortgagor ma insist on
o Right of the mortgagor to pay 90-120 days from entry of his right to exercise his equity of redemption.
judgment. • EFFECT: divest the rights in the property of all the parties to the action and
o Extends until before the confirmation of the sale. vest their rights in the purchaser, subject to such rights of redemption as
o Exercised by the owner of the property, debtor, etc. may be allowed by law.
o If the owner exercises the equity of redemption, no other
redemption may be made.
SECOND STAGE Writ of possession

4. If no payment is made, the mortgagee shall file a MOTION for an order • Upon finality of the order of confirmation, the purchaser shall be entitled
directing the sheriff to sell the mortgaged property at public auction. This to the possession of the property and may secure a writ of possession
is in effect a writ of execution. upon MOTION.
5. Auction sale • Ex-parte motion
6. Sheriff will issue a certificate of sale • Exception to the 3-day notice rule for motions
7. Confirmation of the sale (culminates the second stage) • The issuance of the writ of possession does not bar a separate case for
• Upon motion annulment of the mortgage and foreclosure sale.
• Requires notice and hearing • A pending suit for annulment of mortgage does not defeat the right to a
• This order is final and appealable writ of possession. An injunction is entirely out of place.
8. Registration of the sale
Is the opposite party allowed to oppose the motion for writ of possession?
If the mortgagor fails to surrender possession of the property upon auction, This will be rejected by the court outright because the power of the court with
what should the buyer do? regard to ministerial writs is absolute. Discretion should always mean
Move for a writ of possession reasonable discretion.
*If the mortgagor fails to pay the sum due within 90-120 from entry of Proceeds
judgment, file a MOTION for the sale of the property. This may be made ex- • Proceeds, after deducting the costs of the sale, shall be paid to the
parte. person foreclosing the mortgage.
• Balance shall be paid to junior encumbrancers in the order of their priority.
What are the different kinds of writs? • If there be any further balance, the same shall be paid to the mortgagor.
1. Prerogative
2. Ministerial Registration
• A certified copy of the final order confirming the sale is necessary for the
What kind of writ is a writ of possession sale to be registered.
Ministerial because it is issued as a matter of right but notice is still required?? • When a right of redemption exists, the certificate of sale and the order
confirming the sale shall be registered and a brief memoranda thereof
Two kinds of proceedings: shall be made by the register of deeds upon the certificate of title. The
1. Ex-parte: no need for participation of the other party certificate of title shall not be cancelled.
2. De-parte: there should be notice and hearing with the participation of the • In the even that the property is redeemed, the deed of redemption shall
opposite party be registered and a brief memorandum shall likewise be made.
• If the property is not redeemed, the final deed of sale executed by the
Confirmation of the sale sheriff shall be registered. The certificate of title shall then be cancelled
• Mortgagee should file a motion for the confirmation of the sale. and a new one shall be issued in the name of the purchaser.
• This requires notice and hearing.
• In the hearing, the mortgagor will be allowed to show cause why the sale CONTINGENT STAGE: Deficiency proceedings
should not be confirmed. 1. Initiated by a motion (departe so notice should be given to the other
party)
25
2. Deficiency judgment bank)
• Final order and appealable in itself • Mortgagor is a juridical person
• There will be a hearing in case there is an opposition (until registration which shall not
exceed 3 months)
Deficiency judgment Need not be stipulated Must be stipulated
• If there be a balance, the court, upon MOTION, shall render judgment There could be a judgment on the No judgment for a deficiency
against the defendant for any such balance. deficiency although its recovery is allowed
• Execution may issue when the balance is due. Recovery of deficiency must be Recovery of deficiency is made
• No independent action need be filed to recover the deficiency from the made through a MOTION through an independent action
defendant.
• Accommodation party is not liable for the deficiency, unless he assumed A stipulation prohibiting the mortgagor from selling or encumbering the
liability for the same in the contract. property is void. If there is a prohibition in the contract of mortgage prohibiting
• Where the debtor-mortgagor is a non-resident who is outside the the mortgagor from selling the subject property with a penalty, is that a void or
Philippines at the time of the filing of the action, a deficiency judgment a valid stipulation?
would not be procedurally feasible as it is in personam and jurisdiction • Even if the stipulation of prohibition is violated, the resulting sale is still valid.
over the person is mandatory. The liability is to pay the penalty stipulated.
• If surplus: return to mortgagor
If a junior encumbrancer avails of the right of redemption, can the owner still
What should be done in order that the first mortgagee can be impleaded by exercise it?
the second mortgagee in the proceeding? Yes
• Ask permission from the first mortgagee if he wants to be impleaded
• This would settle everything Is there a difference in the period as to when the owner exercises the
• If the first mortgagee is not impleaded, his lien is not affected and he can redemption and when it is the junior encumbrancer?
also file a foreclosure proceeding. If he is already included, he will be paid Junior to Junior: 60 days
first.
Equitable mortgage
What is the right of redemption? Disguised as a sale with pacto de retro but is actually a mortgage.
• Right granted to a mortgagor to reacquire the property even after the
confirmation of the sale and the registration of the certificate of sale. CASES:
• It is a period of 1 year9 where the mortgagor may redeem the property. 1. Flores v. Lindo (648 SCRA 772)
• The right of redemption is in addition to the exercise of equity of
redemption but that is allowed only in extrajudicial foreclosure and when There are 2 alternative remedies of the creditor mortgagee against the
the mortgagee is a banking institution or a quasi bank. debtor: to foreclose the mortgage or to institute an independent action for
• Not present in judicial foreclosure. the collection. Each excludes the other. Mere filing would bar the other
option.
JUDICIAL EXTRAJUDICIAL
Rules of Court Act. 3135 2. Dela Peña v. Avila (665 SCRA 553)
Filing of an action required No action required to be filed
Equity of redemption: may be There is also equity of redemption If the mortgagee is a bank, there is a difference in the exercise of the right of
exercised before confirmation redemption from that of a mortgagee who is not a bank. A mortgagee is a
No right of redemption except if Right of redemption allowed bank, the law requires it to be very strict in the compliance of the
foreclosed in favor of banks (1 year • General rule – 1 year after requirements. He cannot depend on the title alone. He has to conduct an
after registration of the sale) registration of sale (including ocular inspection and find out from other sources whether the mortgagor is
situations where mortgagee is a the owner or not. This is not required when the mortgagee is a non-bank. In
such case, it is enough to rely upon the title to determine ownership.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
9 Justice said that this is from entry of judgment while the Riano says that it is from the registration of
the sale. Is there entry of judgment in extrajudicial fzoreclosure? 3. Ermitaño v. Paglas (689 SCRA 158)
26
RULE 69
Before the confirmation of the sale, the ownership and possession of the PARTITION
mortgaged property remain with the mortgagor. However, if the mortgagee
wants to take possession of the mortgaged property before its confirmation, Partition
he can do that by filing a motion for the issuance of a writ of possession which • This covers partitions of estates composed of personal property or of both
requires him to put up a bond to answer for whatever damages the other real and personal property.
party may sustain because of the premature possession of the property. Basis • Separation, division, and assignment of a thing held in common among
of the damage is if there is a violation of the mortgage or non-compliance those to whom it may belong.
with the requirements of the law • Partition among heirs is not legally deemed a conveyance of real
The characterization of the right of the mortgagee is an INCHOATE right. The property resulting in change of ownership. It is a confirmation or
bond that can support a motion for writ of possession is the equivalent amount ratification of title.
for the use of the property for 12 months. • Presupposes the existence of the co-ownership
• It cannot be ordered by the court unless the existence of co-ownership is
4. Tolosa v. UCPB (695 SCRA 138) first established.
• Possible that there is initially a co-ownership but one of the co-owners
While the buyer at auction is required to post a bond during the period of repudiates the co-ownership. Partition is no longer a remedy. File an
redemption, the buyer is not required to post a bond for the purpose of ordinary civil action for recovery.
securing a writ of possession after the confirmation of the sale or the expiration • It is an action which allows multiple appeals and requires a record on
of the period of the redemption. appeal.
• The rule allowing partition originates from a well-known principle in the
a. The reckoning of the period of redemption, starts from the registration of Civil Code that no co-owner shall be obliged to remain in the co-
the sale with the registry of deeds. ownership.
b. The proceedings in a motion for a writ of possession is ex parte. No need o EXCEPTIONS:
for notice and hearing. It is ministerial. The issuance of a writ of possession 1. Agreement among co-owners to keep the property undivided for
cannot be restrained. a certain period of time but not exceeding 10 years. This may be
extended by a new agreement.
5. Century Savings Bank v. (634 SCRA 361 - 2014) and NHA v. Basco (618 2. Partition is prohibited by the donor or testator for a period not
SCRA 461 – 2016) exceeding 20 years.
3. When partition is prohibited by law.
Period of the right of redemption 4. When the property is not subject to a physical division and to do
If the mortgagee is a rural bank (not all banks), the right of redemption is 2 so would render it unserviceable for the use for which it is
years from the registration of the certificate of sale. But if the mortgagor fails to intended.
redeem, he is given another 5 years after the 2 years to REPURCHASE the 5. When the condition imposed upon voluntary heirs before they
mortgaged property. can demand partition has not yet been fulfilled.
If the mortgagee is a bank which is not a rural bank, the mortgagor can When can you avail of partition?
redeem the property within 1 year and if he fails to do so, he can repurchase G.R. - it is imprescriptible and can be made anytime
the property within 5 years from the expiration of the period of redemption. Exception: if a co-owner asserts adverse title to the property in which case
prescription starts to run.
Nature of partition
• It can be voluntary or compulsory
• Notwithstanding the filing of a judicial partition, the parties may still make
an amicable partition (sections 2 and 12).
27
Prescription demanded in another action and will be barred if not set up in the same
• Prescription does not run in favor of a co-owner or co-heir against his co- action.
owner or co-heirs as long as there is a recognition of the ownership,
expressly or impliedly. There are 2 stages in a judicial partition:
• While the action to demand partition of a co-owned property does not 1. The determination of the existence of co-ownership: court will determine
prescribe, a co-owner may acquire ownership thereof by a clear whether the plaintiff is truly a co-owner of the property, that there is
repudiation of the co-ownership and the co-owners are apprised of the indeed a co-ownership, and that a partition is not legally proscribed.
adverse claim. Acquisitive prescription may then set in. a. If none – dismiss
b. There is evidence to prove co-ownership – render judgment of
Where to file partition (final and appealable).
• MTC or RTC depending on the assessed value of the property. 2. Declaration of the shares of the parties: This commences when it appears
• If the main action is to annul the title and the documents, then the action that the parties are unable to agree upon the partition.
is not partition and is cognizable by the RTC for being incapable of a. Partition
pecuniary estimation. • Partition shall be done for the parties by the court with the
assistance of not more than 3 commissioners who are competent
Two modes of partition: and disinterested persons to make or effect the partition.
1. Agreement • Appointment of commissioners is mandatory.
2. Judicial proceedings when an agreement cannot be reached. • Commissioners cannot adjudicate on questions of title or
ownership.
Parties b. Accounting
• Plaintiff: co-owner of the property or estate • This also deals with the rendition of the accounting itself and its
• Defendants: all the co-owners must be joined. An action will not lie approval by the court after the parties have been accorded
without the joinder of all co-owners and other persons having interest. All opportunity to be heard.
the co-owners are indispensable parties. • An award for the recovery by the party or parties thereto entitled
• What if you don’t include co-owners? of their just share in the rents and profits of the real estate in
o Before judgment: Not a ground for motion to dismiss. Remedy is to file question.
a motion to include the party. • If the property owned in common is possessed by only one, an
o After judgment: Judgment is void because they are indispensable accounting will be made and this will take place during the 2nd
parties. stage
• Creditors or assignees of co-owners may intervene and object to a • Culminates the 2nd stage – judgment of foreclosure and the
partition effected without their concurrence but they cannot impugn a actual division of the property.
partition already executed unless:
o There is fraud; or Process
o It was made notwithstanding a formal opposition presented to • Court declares that there is a co-ownership
prevent it. • Specifies all the parties entitled to a share (aliquot part) and their
• Intervenors must show a legitimate and proper interest in the subject corresponding shares
property. • Declaration ordering the parties to settle the partition within a given
period.
Matters to be alleged in the complaint 1. If they agree to partition among themselves, this will be submitted to
1. Nature and extent of his title the court and the court will embody that in the decision of partition.
2. Adequate description of the real or personal estate of which the partition 2. Do not agree
is demanded a. Court will appoint 3 commissioners who shall
3. Join as defendants all other persons interested in the property • Take an oath and file it with the court;
• View and examine the real estate after due notice to the
*He must also include a demand for an accounting of the rents, profits, and parties;
other income from the property which he may be entitled to. These cannot be
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• Hear the parties as to their preference in the portion of the purchasers making the payment or payments, free from the claims of any
property to be set apart to them and the comparative value of the parties to the action.
thereof;
• Set apart the same to the parties in lots or parcels as will be *Where there remains an issue as to the expenses chargeable to the estate,
most advantageous and equitable, having due regard to the partition is inappropriate. The determination of the expenses which are
improvements, situation, and quality of different parts thereof. chargeable to the estate, cannot be done in an action for partition. Thus, the
b. Commissioners will make a full and adequate report heirs have to first submit the decedent father’s estate to settlement. If it is a
• Upon filing, copies shall be served by the clerk of court upon consolation at all, the heirs may take possession thereof even before the
all interested parties with a notice that they are allowed 10 settlement of accounts as long as they file a bond conditioned on the
days within which to file objections. payment of the estate’s obligations.
• Proceedings before the commissioners shall not bind the
parties or pass title to the property until the court shall have Costs and expenses
accepted the report of the commissioners and rendered • The court shall tax and equally apportion between or among parties the
judgment thereon. costs, and expenses, including compensation of the commissioners,
c. Court has the following options: having regard to the interests of the parties and execution may issue
thereof as in other cases.
3 options Codal
according to sir
Accept Accept the report and render judgment in RULE 70
accordance with the same FORCIBLE ENTRY AND UNLAWFUL
Modify • Make such order and render such judgment
that shall effectuate a fair and just partition. CHARACTERISTICS
• Accept the report in part and reject it in part • Governed by the rule on summary proceeding
Reject • Recommit the same to the commissioners for • Within the exclusive jurisdiction of the 1st level court
further report of facts • It is a real action. This is an exception that the jurisdiction of a real action is
(tell the commissioners • Set aside the report and appoint new determined by its value
to repartition or the
court will do it itself)
commissioners. • Since it is a real action, it is not extinguished by the death of a party
• The decision of the court is immediately executory.
d. A certified copy of the judgment shall be recorded in the registry of • Both actions pertain to the question on possession (forcible entry - physical
deeds of the place where the real estate is situated. possession; unlawful detainer - the right to possess)
If division would be prejudicial Issue

1. The court may order that it be assigned to one of the parties willing to • Possession
take the same, provided that such party pays to the other parties such • Decision in an ejectment case does not bind the title to or ownership of
amounts as the commissioners deem equitable; OR the land or building. It does not also bar an action between the same
2. Instead of being assigned, an interested party may ask that the same be parties respecting title to the property.
• Where the issue is not possession but interpretation, enforcement,
sold, in which case, the court shall order the commissioners to sell the
rescission, it is no longer an ejectment suit.
property at a public sale.
• When an action seeks to recover ownership, it is no longer interdictal.
Effects of a judgment of partition:
Real and in personam
1. Vest in each party the portion of the real estate assigned to him
• FE and UD are actions affecting possession of real property, thus, they are
2. If whole property is assigned to one of the parties upon his paying to the
real actions.
others, the whole property shall be vested in him free from any interest on
• In this action, the plaintiff seeks to enforce a personal obligation of the
the part of the other parties to the action.
defendant to vacate, thus, they are actions in personam.
3. If the property is sold and the sale is confirmed by the court, the effect of
the judgment shall be to vest the real estate in the purchaser or
29
Who may file? Accion Plenary action to MTC or RTC Dispossession must
• Any person against whom the possession of any land or building is publiciana recover juridical depending on last for more than 1
unlawfully withheld. possession assessed value year.
• Anyone who has been in prior physical possession of the property (e.g. Accion Action to recover
owner, lessee, usufructuary). If the land grabber has already vacated prior reivindicatoria ownership Filed 10 years from
to the action, forcible entry can no longer be pursued. dispossession
Who can be the defendant? Forcible entry Unlawful detainer

• The land grabber who is in possession of the property at the time of the Detentacion Desahucio
commencement of the action. Possession of defendant is illegal from Possession of the defendant is legal
• Parties who are in occupation of the property whose authority emanates the beginning and that the issue is but became illegal due to the
from the land grabber. which party has prior de facto expiration or term of the right to
possession possess
Is quieting of title an action to recover ownership The following must be alleged: The following must be alleged:
No. 1. Plaintiff had prior physical 1. Initially, possession of property by
possession the defendant was by contract
What action which may almost amount to recovery? 2. Defendant deprived him of such with or by tolerance of the
Reconveyance, but it is different from recovery. In recovery, it is assumed that possession by means of force, plaintiff;
the party from whom the real property is being recovered from the owner. In intimidation, threats, strategy, or 2. Eventually, such possession
reconveyance,the party from whom reconveyance is sought, holds the stealth became illegal upon notice by
property in trust for the reconveyor. plaintiff to defendant of the
termination of the latter’s right of
When somebody is trying to grab your land, what can be your right as an possession;
owner? 3. Thereafter, the defendant
• Doctrine of self-help remained in possession of the
• You can use such force as may be required to defend your property. But property and deprived the
once the land grabber has taken possession, you cannot grab it from him. plaintiff of the enjoyment thereof;
You have to go to court. and
4. Within 1 year from the last
3 Kinds of actions to recover possession of real property: demand on defendant to vacate
Action What Where When the property, the plaintiff
Accion Forcible entry: MTC irrespective Within 1 year from instituted the complaint for
Interdictal defendant’s of the amount of actual entry ejectment.
(ejectment) possession is illegal damages or A demand to vacate is not required Demand to vacate is necessary as a
ab initio since it unpaid rentals before the filing of the action rule and within 1 year from the last
Summary was acquired by because occupancy is illegal from demand on defendant to vacate the
action to force, intimidation, Note: the beginning. property, the plaintiff may institute the
recover threat, strategy, or If only rents and complaint.
physical stealth damages are
claimed, the 1-year period is counted from the 1-year period is counted from the last
possession Unlawful detainer: Within 1 year from date of actual entry. demand to vacate.
action is personal
defendant’s and the amount actual demand
possession was claimed Except when the means by which the Right to commence the action arises
originally lawful but determines dispossession was effected by means if one of the lessees fail to comply
ceased to be so by whether it falls of stealth, the 1-year period shall be with the requisite demand after 15
the expiration of his within the
counted from discovery AND days (land) or 5 days (building).
right to possess. jurisdiction of the
demand to vacate.
RTC or MTC
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*The jurisdictional facts must appear on the face of the complaint. When the i. Does not refer to a literal concept of physical possession such as
complaint fails to aver such facts such as how entry was affected, or how and when the thing is subjected to the action of one’s will or by the
when dispossession started, the remedy should either be an accion publiciana proper acts and legal formalities.
or accion reivindicatoria. b. The means why which he was disposed
c. The period by which the action has been instituted
Can the party whose property has been grabbed, choose the action to be 3. The absence of these jurisdiction requirements would warrant the dismissal
filed? of the court.
• No. If the elements of forcible entry are present, you cannot file that in the
RTC. But this ruling has been criticized. Why should the party be deprived If the court in a forcible entry complaint determines that the means are not
of the opportunity to choose the remedy (i.e. Accion publiciana or one of those enumerated, can it retain the action and consider it as an accion
ejectment) publiciana?
• It is easy to just file accion publiciana. Add 1 day to the 1 year. • Yes because of the rule that what is determined by the action is not the
nomenclature used but the allegations in the complaint.
Pleadings allowed Pleadings prohibited
*Must be verified • Reply, third-party complaint and Available defenses in forcible entry:
• Complaint pleadings-in-intervention • Negative defenses
• Compulsory counterclaim • Motions for a bill of particulars, • Affirmative defenses (ownership, tenancy)
• Cross-claim pleaded in the new trial, reconsideration,
answer reopening of trial, extension to file If ownership is raised in the answer and therefore becomes an issue in the
• Answers thereto pleadings or any paper, motion case, will that divest the court of jurisdiction?
• Motion to dismiss on the grounds to declare the defendant in • No
of: default, and a motion for • The court can resolve the issue of ownership but it would be PROVISIONAL
o Lack of jurisdiction over the postponement. and that should be done only in order to determine the nature of the
subject matter • Motion to dismiss not allowed possession.
o Failure to comply with Rule • Petition for relief from judgment
70, section 12 • Petition for certiorari, mandamus, Tenancy as a defense
(noncompliance with or prohibition against any • If the defendant raises the issue of tenancy as a defense and alleges lack
conciliation before the interlocutory order (but may be of jurisdiction because the case falls within the jurisdiction of the DARAB, it
Katarungang Pambarangay) availed of to challenge the would be an error for the court to dismiss on this ground alone because
decision or final order) jurisdiction is determined on the allegations in the complaint and not on
• MR is also prohibited on the defenses in the answer.
interlocutory matters. • Jurisdiction is determined by the allegations of the complaint and the law
• Memoranda applicable at the time of the commencement of the action and not by
• Intervention the defenses in the answer.
• Ignacio case: once tenancy is raised in the answer, the court is obligated
FORCIBLE ENTRY to conduct a preliminary hearing to determine the existence or non-
• Summary action in which a person who has been dispossessed of his real existence of tenancy relation. If in that hearing, the court determines that
property by means of FISTS: force, intimidation, threat, strategy, or stealth, there is prima facie evidence of tenancy, the court should dismiss the
can file an action within 1 year from the time of dispossession. case so that the answer can be filed with the DARAB.
o Stealth: use of deception
• The 1-year period is counted from the time the defendant succeeded in Can the court have jurisdiction over a forcible entry case on condominium
taking the property from the plaintiff. Except when the means by which units?
the dispossession was effected by means of stealth, the 1-year period shall • No, the HLURB has jurisdiction.
be counted from discovery AND demand to vacate.
• The jurisdiction requirement that should appear in the complaint are:
a. Prior physical possession of the plaintiff on the property
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Actions that cannot defeat an action for forcible entry
• Quieting of title, consignation of rentals, specific performance, accion In the forcible entry case, can the damages (defendant destroys fence,
publiciana, reivindicatoria, reformation of instrument, writ of possession, chopped trees) corresponding to the destroyed property of the plaintiff be
annulment of title, etc. claimed as damages?
• All of these action filed with the trial court cannot defeat an interdictal No. File another action for collection of damages.
case
• The pending action on a claim of ownership does not bar the filing of an UNLAWFUL DETAINER
ejectment suit, nor suspend the proceedings of one already instituted. • Summary action instituted by the owner of a real property or one who has
• It also does not bar the execution of the judgment of the ejectment suit. the juridical possession of the same to recover from a party who initially
occupied the property lawfully but his lawful occupation has terminated.
Defense of ownership • What can cause this termination
• This does not serve to divest the courts of jurisdiction. o Non-performance of the conditions of the contract of lease
• The court may resolve the issue of ownership but only under the following o Non-payment of the rentals
conditions: • May be instituted within 1 year from the time of last demand
o When the issue of possession cannot be resolved without declaring
the issue of ownership; and What if lessee failed to pay
o The issue of ownership shall be resolved only to determine the issue of • File an action fro specific performance OR
possession. • Unlawful detainer
• The adjudication of ownership in that instance is merely provisional and o Make a demand on the lessee to pay the rentals and to vacate.
would not bat or prejudice an action between the same parties involving o If within 15 days (land) or 5 days (building) the lessee pays the rentals,
title to the property. no case could be filed.
o If he fails to pay, then the 1-yr period starts to run upon the termination
Way to stay the immediate execution of the decision of the ejectment of the 15th or 5th day.
• The appellant must file a notice of appeal, post supersedeas bond, and
deposit in court the reasonable compensation for the occupation of the Allegations in an unlawful detainer
property. 1. The nature of the contract on the basis of which, the defendant has been
• Supersedeas bond only when there are rentals in arrears or unpaid initially in an unlawful possession.
compensation for occupation. No arrears, no need to post supersedeas 2. The lawful possession has terminated even in the expiration of the period
bond. and non-compliance with the terms and conditions of the contract.
3. The refusal of the defendant to vacate the property despite demand.
Who are the parties or persons bound by the decision of ejectment in a
forcible entry case? Is it a pre-requisite to first file a rescission of the contract of lease for non-
The defendant (land grabber). If there are other parties in possession thereof payment of rentals before an unlawful detainer case can be filed?
who derive their authority from the land grabber, even if they have not been No, the court in unlawful detainer case can determine default.
impleaded, they can be ejected from the land.
*If there is failure to pay rentals, the 1st cause of action of the lessor is to
When the land grabber has left before you institute the case, what is your demand payment of the rental. If the lessee fails to heed the demand for
remedy? rental, that lessee becomes in default. This is not enough for an action for
Damages unlawful detainer. He should make a demand to pay AND to vacate.
1. Reasonable compensation for the illegal occupation of the defendant
(actual damages) Possession by tolerance
2. Fruits collected from the property – natural or industrial • Possession becomes unlawful upon failure to comply with the demand to
3. Attorney’s fees vacate.
• The unlawful withholding is to be counted from the date of the demand to
Are these damages to be reckoned with in the determination of the jurisdiction vacate.
of the court?
NO.
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• A possessor by tolerance is liable to pay rentals, not from the time the Tacita reconduccion (implied new lease)
premises were occupied, but from the time the demand to vacate was • If, at the end of the contract of lease, the lessee should continue enjoying
made up to the time the premises are fully vacated. the property leased for 15 days with the consent of the lessor, and no
• Tolerance must be from the beginning. If entry was unlawful at the start notice to the contrary has been given, there is an implied new lease for
and was tolerated, the correct action is forcible entry. the time established under arts. 1682 and 1687 of the Civil Code.
o Art. 1682. The lease of a piece of rural land, when its duration has
A person grabs a land from another but the owner of the property did not take not been fixed, is understood to have been for all the time
action and did not even demand to vacate. Realizing that a demand to necessary for the gathering of the fruits which the whole estate
vacate is essential for purposes of getting back his land, he now makes a leased may yield in one year, or which it may yield once,
demand to vacate and files an action for UD within 1 year from demand to although two or more years have to elapse for the purpose.
vacate. Is that proper? o Art. 1687. If the period for the lease has not been fixed, it is
No, because an unlawful detainer case must start with lawful possession. understood to be from:
However, when the reason for the termination of the lease contract is the ! Year to year, if the rent agreed upon is annual;
termination of the term of the contract, DEMAND IS NOT NECESSARY. ! Month to month, if it is monthly;
When is judicial action not necessary ! Week to week, if the rent is weekly; and
• Contractual stipulations empowering the lessor to repossess the leased ! Day to day, if the rent is to be paid daily.
property extrajudicially from a lease whose lease contract has expired. ! However, even though a monthly rent is paid, and no period
• Being the law between the parties, the stipulations must be respected. for the lease has been set, the courts may fix a longer term
• Stipulations authorizing the use of “all necessary force” or “reasonable for the lease after the lessee has occupied the premises for
force” in making re-entry upon expiration of the lease, has been held too over one year. If the rent is weekly, the courts may likewise
be valid. determine a longer period after the lessee has been in
possession for over six months. In case of daily rent, the
Demand courts may also fix a longer period after the lessee has
• Demand must be to pay or comply with the conditions of the lease AND stayed in the place for over one month.
to vacate. • The terms of the contract which are revived in the implied new lease are
• Form of demand: those terms which are germane to the lessee’s right of continued
1. Personal; enjoyment and not with respect to special agreements which are foreign
2. Written notice served upon the person found in the premises; to the right of occupancy.
3. It can also be made by posting such written notice on the premises if • Requisites:
no person can be found thereon; o The term of the original contract of lease has expired;
4. Registered mail o The lessor has not given the lessee a notice to vacate; and
• What if verbal? It is sufficient but sufficient evidence must be adduced to o The lessee continued enjoying the thing leased for 15 days with the
show that there was indeed a demand. acquiescence of the lessor.
• Demand is not necessary when: • When there is tacita reconduccion, there is no unlawful detainer.
1. There is a stipulation dispensing with demand; or
2. The ground for the suit is based on the expiration of the lease. Preliminary Injunction
i. Upon expiration of the lease, the lessee is already considered to • A possessor deprived of his possession through forcible entry or unlawful
be unlawfully withholding the property. detainer may, within 5 days from the filing of the complaint, file a motion
ii. Demand to vacate is, however, required when the lease is on a in the same action for the issuance of a writ of preliminary mandatory
month-to-month basis to terminate the lease upon the expiration injunction to restore him in his possession.
of the month. In the absence of such notice, the lease continues • This shall be resolved within 30 days from its filing.
to be in force and cannot be deemed to have expired as of the • The court may also grant PI to prevent the defendant from committing
end of the month. further acts of dispossession against the plaintiff.
3. Defendant is not a tenant but a mere intruder • While pending appeal
o The RTC may issue PI to restore the plaintiff in his possession, upon his
motion, which shall be filed within 10 days from the perfection of the
appeal.
33
o The grant shall be based on the finding that: Judgment
a. The defendant’s appeal is frivolous or dilatory; or • Judgment shall be rendered within 30 days after receipt of affidavit and
b. Plaintiff’s appeal is prima facie meritorious position papers or expiration of the period for filing the same.
• Court may order that certain matters be clarified before a judgment may
Answer be ordered
• 10 days from service of summons o It may require submission of affidavits or evidence within 10 days from
• Affirmative and negative defenses not pleaded shall be deemed waived, receipt of said order, and render judgment within 15 days after
except lack of jurisdiction over the subject matter. receipt.
• Cross-claims and compulsory counterclaims not asserted shall be • Judgment is conclusive only on possession.
considered barred. Answers to cross-claims or counterclaims shall be • If rendered for the plaintiff, the judgment shall be for the:
served and filed within 10 days from service of the answer in which they a. Restitution of the premises, and
are pleaded. b. Payment of the sum justly due as arrears of rent or as reasonable
• Failure to answer: the court shall not declare the party in default, instead, compensation for the use and occupation of the premises,
the court shall motu proprio or on motion, render judgment as may be attorney’s fees and costs.
warranted by the facts alleged in the complaint and limited to what is • If rendered for the defendant, judgment shall be to recover costs of the
prayed for therein. defendant.
• If a counterclaim is established, the court shall render judgment for the
Conciliation sum found in arrears from either party.
• In case conciliation is required and there is no showing of compliance • Judgment is binding only upon the parties properly impleaded and given
with such requirement, the case shall be dismissed. the opportunity to be heard since this is an action in personam. EXCEPT
• The dismissal, however, is without prejudice. Hence, it may be revived against a:
upon compliance. a. Trespasser, squatter, or agent of defendant fraudulently occupying
the property to frustrate the judgment;
Preliminary conference b. Guest or occupant of the premises with the permission of the
1. Held not later than 30 days after the last answer is filed. defendant;
2. Plaintiff fails to appear: complaint shall be dismissed and defendant shall c. A transferee pendent lite;
be entitled to counterclaim; d. Sublessee;
3. Defendant fails to appear: plaintiff shall be entitled to judgment. e. Co-lessee; or
4. 2 and 3 shall not apply if one of the 2 or more defendants sued under a f. Member of the family or privy of the defendant.
common cause of action and who had pleaded a common defense shall
appear Execution
5. No postponement except for meritorious grounds and without prejudice • MTC
to court’s discretionary sanctions. o A judgment on a forcible entry and detainer case is immediately
6. Within 5 days, the court shall issue an order stating the matters taken up in executory to avoid injustice.
the preliminary conference including but not limited to: o Immediate execution only applies when the judgment is against the
a. Whether an amicable settlement has been reached; defendant.
b. Stipulations and admission; o If the judgment is for the defendant, it is not immediately executory.
c. Whether judgment may be rendered without further proceedings, in • RTC
which event, judgment shall be rendered 30 days from the issuance o Once the RTC decides on the appeal, if against the defendant,
of the order; immediately executory without prejudice to a further appeal.
d. Material facts which remain to be controverted; and
e. Such other matters intended to expedite the disposition of the case. Exception to the rule that decisions of the court in interdictal case are
immediately executory
Affidavits and position papers • If the judgment is in favor of the defendant
• Shall be filed within a NON-EXTENDIBLE period of 10 days from receipt of
order of the preliminary conference.
34
What is the nature of the decision of the RTC in an appealed decision of judicial proceedings and for the enforcement of judgments, orders, and
forcible entry and unlawful detainer. Is it appealable? Immediately executory? mandates of the courts, and consequently, for the due administration of
• The RTC decision on appeal is immediately executory. Even if there is a justice.
deposit of supersedeas bond etc., it cannot cure it anymore and it is • Such power should be exercised on the preservative, not on the
immediately executory. vindictive, principle. It should not be resorted to unless necessary in the
• A preliminary injunction may be filed to stay the writ of execution of the interest of justice.
RTC. Purpose
• Vindication of public interest by punishment of contemptuous conduct;
What are the decisions or final orders which are immediately executory? and
• Support • Coercion to compel the contemnor to do what the law requires him to
• Injunction uphold the power of the Court, and also to secure the rights of the parties
• Receivership (I do not know if there is an ACTION for receivership. It is a to a suit awarded by the Court.
PROVISIONAL REMEDY)
• Judgment on a compromise 2 Kinds of contempt
• Judgment of the CA on petition for review 1. Direct
2. Indirect
How to stay immediate execution of the judgment: a. Civil contempt
1. Perfect an appeal; b. Criminal contempt
2. File a supersedeas bond to pay for the rents, damages, and costs
accruing down to the time of the judgment appealed from (required only DIRECT CONTEMPT
if there are back rentals adjudged); and • Committed in the presence of or so near the court or judge as to obstruct
3. Deposit periodically with the RTC during the pendency of the appeal, the or interrupt the proceedings before the same.
amount of rent due under the contract, or if no contract, the reasonable • Directed to the authority and the dignity of the court or the judge
value of the use and occupation of the premises. • Court and judge are used interchangeably
• There is no such thing as contempt of judge
*Granting the plaintiff’s motion for execution is a ministerial duty of the judge • When the lawyer or person boxes a judge, it is physical injuries or assault of
upon the defendant’s failure to file a supersedeas bond. a person of authority
• The contemptuous act must be committed in the presence of the court
Where to appeal (contempt in facie curiae)
• RTC • General Rule: There can be no direct contempt if the court is not in session
• Mode of appeal is the same as in ordinary civil actions under Rule 40
Acts constituting direct concept
RULE 71 1. Any misbehavior of any person which obstructs or interrupts the
CONTEMPT proceedings in court including disrespect toward the court (e.g. shouting
CONTEMPT inside the court, lawyer appearing in court drunk even if acted properly)
• It is an act which is directed against the dignity and authority of the court 2. Disrespect toward the court
or disobedience to its judgment or writ. 3. Offensive personalities toward others
• Defiance of authority, justice, or dignity of the court which tends to bring 4. Refusal to be sworn or to answer as a witness or to subscribe an affidavit or
the authority and administration of law into disrespect or to interfere with deposition when lawfully required to do so
or prejudice party-litigants or their witnesses during litigation.
• To be contemptuous, an act must be clearly contrary to or prohibited by Can a party in a case be compelled to testify?
the order of the court or tribunal and that the act which is forbidden or A witness who is a party cannot be compelled to testify but if he takes the
required to be done is clearly and exactly defined, so that there can be stand, he cannot refuse to testify. A non-party can be compelled to testify.
no reasonable doubt or uncertainty as to what specific act or thing is
forbidden or required. Examples of direct contempt:
• The power to punish for contempt is inherent in all courts and need not be • Acts of a party or a counsel which constitute willful and deliberate forum
specifically granted by statute. It exists for the preservation of order in shopping also amount to direct contempt.
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• Unfounded accusations, allegations or words tending to embarrass the Acts constituting indirect contempt
court or bring it into disrepute have no place in a pleading. If it contains 1. Misbehavior of an officer of a court in the performance of his official duties
derogatory, offensive, and malicious statements, it is direct contempt. or in his official transactions;
• There is no basis for direct contempt where there is no proof that the 2. Disobedience of or resistance to a lawful writ, process, order, or judgment
laughter, conversations and glances of persons were directed to the of a court, including the act of a person who, after being dispossessed or
judge and that they disrupted or obstructed the proceedings. ejected from any real property by the judgment or process of any court of
• Where the matter is abusive or insulting, evidence that the language used competent jurisdiction, enters or attempts or induces another to enter into
was justified by the facts is not admissible as a defense. or upon such real property, for the purpose of executing acts of ownership
• If a party, in a pleading, imputes wrongdoing upon a judge without or possession, or in any manner disturbs the possession given to the person
evidence, constitutes direct contempt. adjudged to be entitled thereto;
• You can criticize the action of the judge but it must be in a proper way. a. Order must be specific
• If a decision has been rendered, you can criticize it but don’t do it while b. Order must be lawful
the case is pending. You will be cited in contempt. c. Disobedience should be willful
• If the order is wrong but is favorable to you and an MR is filed, if you 3. Any abuse of or any unlawful interference with the processes or
oppose it, it is unethical. Just file a comment and try to justify the decision proceedings of a court not constituting direct contempt;
of the court using other reasons. 4. Any improper conduct tending, directly or indirectly, to impede, obstruct,
or degrade the administration of justice;
Nature of proceeding of direct contempt 5. Assuming to be an attorney or an officer of a court, and acting as such
• No formal proceedings required. The court may summarily adjudge one in without authority;
direct contempt without a hearing. 6. Failure to obey a subpoena duly served; or
• If contempt consists in the refusal or omission to do an act which is yet 7. The rescue, or attempted rescue, of a person or property in the custody of
within the power of the respondent to perform, he may be imprisoned by an officer by virtue of an order or process of a court held by him.
order of the court concerned until he performs it.
Examples of indirect contempt:
Remedy • Failure of counsel to inform the court of the death of his client constitutes
• A person adjudged in direct contempt may not appeal therefrom. His indirect contempt
remedy is for certiorari or prohibition directed against the court which • Re-entry by a party into the land from which he was ordered by the court
adjudged him. to vacate may be punished for contempt of court even after the lapse of
• Pending resolution of the petition for certiorari or prohibition, the execution 5 years from the date of execution of judgment
of the judgment for direct contempt shall be suspended if he files a bond • No indirect contempt for performing an act beyond the effectivity of a
fixed by the court. This bond is conditioned upon his performance of the TRO which has lapsed.
judgment. • In a petition for a Writ of Kalikasan, the court may, after hearing, punish
the respondent who refuses or unduly delays the filing of a return, or who
INDIRECT CONTEMPT makes a false return, for indirect contempt.
• Any kind of behavior which has been committed out of the presence of • Failure to remit and/or withhold or any delay in the remittance of support.
the court
• The proceedings for punishment of indirect contempt are criminal in Failure or disobedience to writs or orders of a court
nature. • Even if the order of the court is wrong, disobedience is not an option.
• It is directed against the dignity and authority of the court or a judge There are remedies you can resort to.
acting judicially; it is an act obstructing the administration of justice which
tends to bring the court into disrepute or disrespect. *No contempt however lies in judgments for money (Rule 39 sec. 9) and
• Intent is a necessary element. Good faith or lack of it is considered. judgments for specific acts (Rule 39 sec. 10).
• A situation where a person who has been ejected from the property, goes
back and repossesses the property. Clear and present danger rule
• Evil consequences of the comment must be extremely serious and the
degree of imminence extremely high before an utterance can be
punished.
36
• There must be a clear and present danger that the utterances will harm
the administration of justice. COMMITTED AGAINST WHERE TO FILE
1st level courts File with:
Proceeding – indirect contempt 1. The RTC of the place in which the
• There must be a charge in writing and hearing. lower court is sitting; or
• The requirement of a written charge and hearing shall not, however, be 2. With the lower court against
construed to prevent the court from issuing process to bring the which the contempt was
respondent into court, or from holding him in custody pending the allegedly committed
proceedings. (appealable to the RTC)
• Procedural requisites (mandatory): RTC or a court of equivalent or higher File with such court
1. Charge in writing (it cannot be initiated by a mere motion); rank, or against an officer appointed
• Verified petition by it Note: If committed against the SC, it
• Petition shall be accompanied by supporting particulars may cause it to be investigated by
and certified true copies of documents or papers involved the prosecutor and filed with the RTC.
therein. Persons, entities, bodies, or agencies RTC where the contempt was
• It should comply with the requirements for the filing of exercising quasi-judicial functions committed
initiatory pleadings for civil action. (e.g. DARAB)
• The verified petition shall be docketed, heard, and decided Note: NLRC has contempt powers. No
separately unless the court in its discretion orders the need to go to court
contempt charge, which arose out of or related to the
principal action, to be consolidated with the main action. Imprisonment until order is obeyed
• Applies when he contemptuous act was committed not • A person may be indefinitely incarcerated in contempt proceedings to
against a court or judicial officer with authority to punish compel him to comply with the order of the court.
contemptuous acts. • This may be resorted to where there attendant circumstances are such
• Order or formal charge initiated by the court motu proprio that the non-compliance with the court order is an utter disregard of the
• Commenced by an order of the same court or any formal authority of the court, which has no other recourse but to use its coercive
charge requiring the respondent to show cause why he power.
should not be punished for contempt. • This is for the benefit of the complainant or a party to a suit who has been
• Applies only when the indirect contempt is committed injured.
against a court or judge possessed with contempt powers. • It is only the judge who orders the confinement of a person for contempt
2. Opportunity for the person charged to appear and explain his of court, who can issue the Order of Release.
conduct; and
• Respondent shall be served with a copy of the petition and the Remedy for indirect contempt
court shall set the contempt charge for hearing where • Appeal in the same manner as in criminal cases
respondent must make his appearance to answer the charge. • The appeal will not suspend the judgment if he does not file a bond in the
• Unlike in civil actions, the court does not issue summons and amount fixed by the court conditioned upon his performance of the
respondent is not required to file his answer. judgment.
• On the date of the hearing, the court shall investigate the charge
and consider the answer of the respondent.
• A hearing is REQUIRED and respondent may not be convicted on
the basis of written pleadings alone.
• If the hearing is not ordered, the respondent may be released
from custody upon the filing of a bond for his appearance at the
hearing.
• If respondent fails to appear, the court may order his arrest. The
court does not declare the respondent in default.
3. Opportunity to be heard by himself or counsel.
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DIRECT CONTEMPT INDIRECT CONTEMPT KINDS OF INDIRECT CONTEMPT
Committed in the presence of or so It is not committed within the CRIMINAL CIVIL
near the court. presence of the court. Conduct directed against the Failure to do something ordered to
Summary in nature There is a charge and hearing authority and dignity of the court or a be done by a court or judge for the
Contempt in facie curiae Constructive contempt judge acting judicially; it is an act benefit of the opposing party therein.
The citation of contempt is Citation is appealable obstructing the administration of
immediately executory and justice which tends to bring the court
unappealable into disrepute or disrespect.
Improper act or conduct that Disobedience to an order which Purpose is to punish Purpose is to compensate
degrades the dignity of the court or favors a party in the case State is the real prosecutor Instituted by the aggrieved party or
impugns the authority of the court his successor, or someone who has a
Remedy is certiorari or prohibition Appeal, prohibition, certiorari are pecuniary interest in the right to be
proper remedies protected.
No need for any charge, nor hearing, There is a need for charge, notice, If accused is acquitted, there can be If judgment is for respondent, there
nor notice and hearing no appeal. can be an appeal.
No initiation needed Initiated in either of 2 ways: The action or omission of respondent Other than those for criminal
1. Motu proprio by the court by ultimately results in an assault of the contempt
issuing a formal charge or an authority and dignity of the court.
order to show cause Ill-motive or intent is a requirement. Motive not exculpatory. At most, it
2. Verified petition filed and can only be a mitigating
governed by Rule 71 circumstance.
Penalty Penalty Proceeded similarly as a criminal Proceeded in accordance with the
prosecution. The quantum of rules on ordinary civil action.
1st level courts: Fine of not more than 1st level courts: Fine not exceeding evidence required is proof beyond Preponderance of evidence.
200 and imprisonment of not more 5,000 or imprisonment not exceeding reasonable doubt. Defendant is
than 1 day, or both 1 month or both presumed to be innocent.
RTC: Fine of not more than P2,000 and RTC: Fine not exceeding 30,000 or • Proceedings for contempt are sui generis. They are in nature criminal, but
imprisonment not exceeding 10 days, imprisonment not exceeding 6 may be resorted to in civil as well as criminal actions, and independently
or both months or both of any action.
• Proceedings in contempt go against the fundamentals of civil law. The
Quasi-judicial: Depends on the court is the prosecutor, the complainant, and the judge.
provisions of the law authorizing a • Quasi-judicial agencies do not have contempt power. If a party or a
penalty for contempt but Rule 71 has lawyer commits a contemptuous act against the NLRC (? See page 382 of
suppletory effect. Riano), DARAB, they file with the court.
• An officer who disobeys a writ of certiorari shall be punished for contempt.
Violation of a writ of injunction, TRO, • Contempt is not a means of enforcing a judgment. The mere refusal or
status quo order, he may be ordered unwillingness of a judgment debtor to vacate the property is not a
to make complete restitution to the sufficient ground to hold him in contempt. A writ of possession is not
party injured by such violation of the directed against the judgment debtor but against the sheriff. Thus, he
property involved or such amount as cannot be guilty of contempt for such writ does not command him to do
may be alleged and proved. anything. The proper procedure is for the sheriff to dispossess him and if
Purpose is to punish the respondent. It The purpose is for damages and after, he continues to execute acts of ownership, then and only then may
is punitive in nature. therefore remedial in nature. he be cited in contempt. It is the act of re-entry after his ouster which
constitutes contempt.
38
When a party released on bail fails to answer, the court may: o E.g. defendant files MTD – denied. Files certiorari – granted. Court of
1. Issue another order of arrest; origin cannot reverse what the appellate court ruled. Between those
2. Order the bond for his appearance to be confiscated; or two parties, that is the law.
3. Both
Adjacent and Contiguous
*Court may release respondent when it appears that public interest will not be • Adjacent: immediate neighbor but there is something in between
prejudiced by his release. • Contiguous: common boundary
Contempt powers of the legislature Plural of property: Pieces of property. “Properties” pertain to chemical matters.
• Congress has the inherent power to enforce their authority, preserve their Plural of evidence: Pieces of evidence
integrity, maintain their dignity, and ensure the effectiveness of the Plural of land: Parcels of land. “Lands” pertain to foreign lands.
administration of justice.
• Limitations: “Imposable” penalty: NO SUCH WORD. Not found in the dictionary. Should be
o It must be exercised in aid of legislation “prescribed” penalty.
o It must be in accordance with the duly published rules of procedure
o The rights of persons appearing in or affected by such inquiries shall Personal service vs Service in person
be respected. • Personal service: service of pleadings, motions, and decision
• Local legislative bodies DO NOT possess the contempt powers of • Service in person: service of summons
Congress.
Revised Rule on Summary Procedure not Rules
May a non-party be held for contempt?
G.R. no but if he is guilty of conspiracy with any one of the parties in violating
the court’s orders, he may be liable.
RANDOM NOTES
Bail and Bail Bond

• Bond is an agreement while bail is a right
• Bail Bond is the undertaking of a surety
Rule of Law and Rule by Law

• Rule of law: rule of governance in accordance with the process of the
law. “No man is above the law.”
• Rule by law: term used when an authoritarian government (dictator)
passes a law so that his acts will be legal. He uses a law as a means to
impose his will.
Law of the Case and Case Law

• Case law: jurisprudence
• Law of the case: a situation where an interlocutory matter, issued by a
lower court is challenged before a higher court for review and the higher
court renders judgment on that interlocutory order and after that, the
main case continues, and what has been decided by the appellate court
cannot be changed anymore.
39

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SPECIAL CIVIL ACTIONS REVIEWER1 COURT WITH JURISDICTION

Kind of Property Within Metro Manila Outside Metro Manila

MANDAMUS INJUNCTION Process:

What should the complaint contain? PROCEEDINGS:

SECOND STAGE Writ of possession

If division would be prejudicial Issue

Who can be the defendant? Forcible entry Unlawful detainer

Bail and Bail Bond

Rule of Law and Rule by Law

Law of the Case and Case Law

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