REMEDIES IN CIVIL

PROCEDURE
BARANGAY LAW
NON-REFERRAL OF THE CASE WITH THE BARANGAY
Remedy: Defendant may file a Motion to Dismiss the case on the
ground of:
1. Prematurity;
2. Failure to state a cause of action under Sec. 1, par. (g) Rule 16;
3. Failure to comply with the condition precedent Sec. 1, par. (j) Rule
16.
AMICABLE SETTLEMENT/ COMPROMISE AGREEMENT/ NON-COMPLIANCE
Plaintiff: Execution of the amicable settlement within 6 months after
date of settlement under Sec. 417 of R.A. 7160.
Defendant: Repudiation of the settlement within 10 days from the
date of settlement by Sworn Statement on the ground that the consent was
vitiated by fraud, violence, or intimidation under Sec. 418 of R.A 7160.
Annulment of Compromise Agreement.
Issuance of Certificate to file Action.
In case the monetary claim does not exceed P 100,000.00, file a
Complaint for Small Claims with the MTC/ MCTC.

RULE 2: CAUSE OF ACTION

Sec. 4: SPLITTING OF CAUSE OF
Defendant: Motion to Dismiss on the ground of:
1. Litis Pendetia under Rule 16, Sec. 1 (e); or
2. Res Judicata under Rule 16, Sec. 1 (f).
Plaintiff: Appeal the Order granting the Motion to Dismiss since it is a
final order.
Sec. 5: SEVERAL CAUSES OF
Remedies: If there are several causes of actions between the same
parties:
1. Joinder of Causes of Action;
2. File a separate actions on other causes of action not joined
without prejudice on the Joint trial or Consolidation of Action
under Sec. 1, Rule 31; or
3. File a Motion to Amend the pleadings joining the non-joined
cause of action.
Sec. 6: MISJOINDER OF CAUSES OF
Remedy: Motion to Severe and to Try the case separately.

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RULE 3: PARTIES TO THE

Sec. 2: REAL PARTY IN INTEREST
Defendant: If the case is not brought in the name or against the real
party in interest a Motion to Dismiss may be filed on the ground that the
complaint states no cause of action under Sec. 1 (g), Rule 16.
Plaintiff: Re-file the case, because the dismissal is without prejudice.
Sec. 10: UNWILLING CORemedy: Make the unwilling plaintiff as:
1. One of the defendants; or
2. Implead the said unwilling co-plaintiff.
Sec. 11: MISJOINDER OR NON-JOINDER OF PARTIES
Not a ground for the dismissal of the action.
Remedies:
1. Motion to Implead or Strike out as party defendant;
2. In case of misjoinder, a separate action can be filed against the
party misjoined.

Sec. 16: DEATH OF PARTY

Remedy: Motion for Substitution of parties.
Sec. 20: DEATH OF PARTY ON A CONTRACTUAL MONEY CLAIMS
Remedy: Before entry of judgment, action shall continue and decision
shall be enforced against the estate of the deceased under Rule 36.
Sec. 21: PAUPER LITIGANT
Applicant: Motion to Prosecute as Pauper Litigant.
Adverse Party: File an Opposition to the Motion, contesting the
grant of such authority by showing that the Plaintiff has means of livelihood
or properties.

RULE 4: VENUE OF ACTIONS

Defendant: Motion to Dismiss on the ground that the venue is

improperly laid under Sec. 1 (c) Rule 16.
Plaintiff: Re-file the case.

RULE 7: PARTS OF PLEADINGS

Sec. 3: UNSIGNED PLEADINGS
Remedies: The Court may allow the parties to:
1. Correct the deficiency; and
2. Sign the pleadings.
Lawyer may be subjected to appropriate disciplinary action.
Sec. 4: VERIFICATION
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Remedies: Pleadings may be:

1. Amended; or
2. The Court may order that the pleading be verified at its
own discretion.
Opposing Party: In case the pleading is unverified contrary to the
requirement of the rules, the adverse party may move to Strike out the
pleading from the record of the case under Rule 8 Sec. 12.
Sec. 5: VIOLATION OF FORUM
Defendant: File a Motion to Dismiss for failure to comply with the
rules on forum shopping or condition precedent under Sec. 1 (j), Rule 16 in
relation to Sec. 5, Rule 7.
Claiming Party: In case of dismissal, the party may Re-file the
case, because the dismissal is without prejudice UNLESS it is gross &
deliberate violation, the dismissal is with prejudice.

RULE 8: MANNER OF MAKING

Sec. 8: ACTIONABLE
Remedy: Denial under oath & set forth what he claims to be the facts
UNLESS he is:
1. Not a party to the document;
2. Refused compliance with the Order of dismissal.
Otherwise, its genuineness & due execution is deemed admitted and
judgment on the pleadings may be availed of.
Sec. 10: MATERIAL ALLEGATIONS IN THE COMPLAINT
Defendant: Specific denial + substance of his denial, EXCEPT amount
of unliquidated damages.
No specific denial, otherwise it is an admission.
Plaintiff: Motion for Judgment on the pleading under Rule 34.

RULE 9: EFFECT OF FAILURE TO PLEAD

Sec. 2: DEFAULT
Plaintiff: In case defendant failed to file his Answer, Motion to
Declare Defendant in Default with proof of service & Notice of Hearing.
Defendant:
ORDER OF DEFAULT
1. Motion to Lift Order of Default under oath on the ground of
FAME with Affidavit of Merit in accordance with Sec. 3, Rule 9;
2. In case it is denied, file a Motion for Reconsideration;

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3. If denied, file a Petition for Certiorari under Rule 65, the

Order being interlocutory (Sec. 1 (b), Rule 41);
4. If denied, file a Petition for Review on Certiorari under Rule
45, on the ground of grave abuse of discretion amounting to
lack or excess of jurisdiction
o Within 60 days from Notice of the Order or Notice of the
denial of the MR.
- or
1. File a Motion to Admit Answer, together with the attached
Answer before the rendition of the Judgment by Default.
- or 2. Petition for Relief from the final Order of Default on the
ground of FAME with Affidavit of Merit.
o Within 60 days after learning the final order & not more
than 6 months after entry of the final Order.
JUDGMENT BY DEFAULT
1. File a Motion to Set Aside Judgment by Default, on the
ground of FAME with Affidavit of Merit;
2. In case of denial, file a Motion for Reconsideration;
3. If denied, file a Petition for Certiorari under Rule 65, if
there was grave abuse of discretion or if it is a more speedy
& adequate remedy on the ground of nullity of the Order and
Judgment; or
4. File an Appeal, if available as remedy.

RULE 10: AMENDMENT OF PLEADINGS

Sec. 2: AMENDMENT AS A MATTER OF RIGHT
Plaintiff:
1. Motion to Amend Pleading, once as a matter of right, with
attached Amended Pleading before the filing of responsive
pleading even there is already a Motion to Dismiss.
o At any time before the responsive pleading is served.
2. In case of denial of the Motion, file a Petition for
Mandamus under Sec. 3, Rule 65, since it is ministerial for
the Court to allow amendment before the filing of responsive
pleadings being a matter of right.
o Amendment- within 10 days from Notice of Order, on
the ground of unlawfully excluding parties from the
use & enjoyment of a right or office to which he is
entitled.
3. In case of lack of cause of action, Amendment to confer
jurisdiction before the filing of responsive pleading.
Defendant:
o

1. File an Answer to the Amended Pleading/ Complaint; or

Within 15 days after service of the Amended Pleading.

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2. File his Comment/ Opposition to the Motion to Amend

Pleading.
o Within 5 days from service of the Motion to Amend
Pleading.
Sec. 3: AMENDMENT WITH LEAVE OF COURT
Plaintiff: After service of responsive pleading:
1. Motion for Leave of Court to Amend Pleading with the
attached Amended Pleading;
2. In case of denial, file a Petition for Certiorari under Rule
65, since amendment after the filing of responsive pleading
is discretionary on the part of the court.
o Within 60 days from Notice of the Order.
On the ground of grave abuse of discretion amounting to
lack or excess of jurisdiction.
Defendant:
1. File an Answer to the Amended Pleading/Complaint; or
o Within 10 days from Notice of the Order admitting
the Amended Pleading.
2. File his Comment/Opposition to the Motion to Amend
Pleading.
o Within 5 days from service of the Motion.
Sec. 5: AMENDMENT TO CONFORM TO
Remedy: Motion to Amend Pleading to Conform to Evidence
issues not raised in the pleading were tried with the consent of the parties.
Consent, may be implied or express.
Sec. 6: SUPPLEMENTAL
Remedy: Motion to File Supplemental Pleading, if there is a need
to supplement the original complaint/pleading.

RULE 11: WHEN TO FILE RESPONSIVE

Sec. 4: ANSWER TO COMPLAINT, COUNTERCLAIM OR CROSS
Defendant: Upon receipt of the Summons with attached Complaint &
annexes, or the counter-claim or cross claim, defending party shall file his
Answer within the reglementary period provide by the rules (15, 30, 60, or 10
days as the case may be).
Plaintiff: In case of failure to file an Answer to the Complaint,
Permissive counterclaim or cross claim:
1. File a Motion to Declare the Defending Party in Default;
and
2. Ask Judgment granting such relief as may be warranted in
the pleading.

RULE 12: BILL OF PARTICULARS

Sec. 1: BILL OF
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Defendant: Ambiguity in the allegations in the pleading, Motion for

Bill of Particulars.
Plaintiff: In case of ambiguity in the pleadings, Plaintiff may amend
his Complaint/Pleading (Rule 10).
Sec. 4: NON-COMPLIANCE WITH THE ORDER OF
Remedy: Move for the Striking out of the Pleadings or portion thereof.
Sec. 5: DENIAL OF THE MOTION FOR BILL OF
Remedy: The moving party may file his responsive pleading/
Answer. within the remaining period, but not less than 5 days (Sec. 5, Rule
5).

RULE 13: SERVICE OF PLEADINGS

Sec. 14: NOTICE OF LIS PENDENS/ ADVERSE
Remedies: Action affecting title or right of possession of real property:
1. File an Affidavit of Adverse Claim & Notice of Lis Pendens
before the Register of Deeds where the property is located;
2. Petition to Cancel Notice of Lis Pendens/ Adverse Claim;
3. In case of denial, aggrieved party may file an Appeal to the Land
Registration Authority en consulta.

RULE 14: SUMMONS

Sec. 6: TENDER OF
Remedy: If the defendant refuses to receive or sign the summons, by
tendering it to him.
Sec. 7: SUBSTITUTED SERVICE
Remedy: If the summons cannot be served personally for justifiable
reason, Plaintiff may file a Motion to Serve Summons by Substituted
Service.

Sec. 11: SERVICE UPON DOMESTIC PRIVATE JURIDICAL

ON THE PART OF THE PLAINTIFF
Summons shall be served to the:
1.
2.
3.
4.

President;
Managing Partner;
General manager;
Corporate Secretary;

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5. Treasurer; or
6. In-house counsel.
In case of non-compliance, Plaintiff may move for the issuance &
service of an alias summons;
o Within 5 days from failure of service, on the ground of
failure of service.
In case the summons cannot be served on the officers of the
corporation, Plaintiff may Amend his Complaint & apply for a Writ
of Attachment under Rule 57 thereby converting the action to action
quasi in rem and therefore service of summons can be made by
publication.
ON THE PART OF THE DEFENDING PARTY
Defending party may move for the Dismissal of the case on the ground
of lack of jurisdiction over the person of the defending party under Sec. 1 (a)
Rule 16 due to improper service of summons.
Sec. 14: SERVICE OF SUMMONS BY
Remedy: If the identity or whereabouts of the defendant is unknown,
file a Motion to Serve Summons by Publication.
This applies to any actions.
Sec. 15: EXTRA-TERRITORIAL
Remedy: Defendant does not reside & not found in the Philippines,
affecting his personal status or property in the Philippines, file a Motion to
Serve Summons by Publication or Extra-territorial Service.

RULE 15: MOTION

Remedies: In case of failure to comply with:
1. Section 4 (Hearing of Motion);
2. Section 5 (Notice of Hearing); and
3. Section 6 (Proof of Service).
The Motion shall be considered:
1. Not filed;
2. The Clerk of Court has no right to receive; and
3. The Court has no right to act upon.
The adverse party may move for the denial of the said Motion, and
does not toll the running of prescriptive period to file the
Appeal/Remedy.

RULE 16: MOTION TO

Sec. 1: MOTION TO
IF THE MOTION TO DISMISS IS DENIED

1. File an Answer with the remaining period to file the same

raising the same grounds as an affirmative defenses;
Remaining period, because the Order of denial is
interlocutory.
2. Proceed to trial;

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3. In case of adverse decision, Appeal the decision UNLESS the

denial is attendant with grave abuse of discretion, file a
Motion for Reconsideration;
4. If denied, file a Petition for Certiorari under Rule 65.
IF MOTION TO DISMISS IS GRANTED
a.

b.

GROUNDS
Lack of jurisdiction over
the
person
of
the
defendant
Lack of jurisdiction over
the subject matter

REMEDIES
Re-File the case.

Re-File the case.

-or-

c.

In case of denial, Certiorari

and/or Prohibition
Re-File the case with the
proper venue.

Improper venue

-or-

d.
e.

No legal capacity
Litis Pendentia

f.

Res Judicata;

g.
h.

No cause of action
Paid, waived, abandoned
or extinguished
Statute of Frauds
Condition precedent

i.
j.

If erroneously denied, file

Prohibition
Re-File the case.
Dismissal of one of the action
-orAppeal.
Appeal, since the Order
granting the Motion is a final
order.
Re-File the case
Appeal
Appeal
Re-File the case

RULE 17: DISMISSAL OF

Sec. 1: DISMISSAL OF THE ACTION BY NOTICE
Remedy: Notice of dismissal before the filing of the Answer or
Summary Judgment, dismissal is without prejudice UNLESS otherwise stated
in the Notice issued by the Court.

Claiming Party:
1. If without prejudice, re-file the case.
2. If with prejudice, appeal the case.
o Within 15 days or 30 days, in case of multiple or
separate appeals, after the Notice of the final order,
on the ground of question of law or question of fact.
Sec. 2: DISMISSAL UPON MOTION OF THE
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Defendant: Motion to Dismiss, without prejudice to the right of the

defendant to prosecute his counterclaim in a separate action.
Plaintiff:
1. If without prejudice, re-file the case.
2. If with prejudice, appeal the case.

Defendant: Motion to Dismiss, for failure to prosecute, dismissal is

with prejudice UNLESS ordered by the Court to be without prejudice.
Without prejudice to the right of the defendant to prosecute his
counterclaim in a separate action.

RULE 18: PRE-TRIAL

Sec. 5: FAILURE TO
NON-APPEARANCE ON THE PART OF THE PLAINTIFF
Defendant: If the Plaintiff failed to appear, the defendant may move
that:
1. Plaintiff be declared non-suited; and
2. Ask for the dismissal of the action.
Dismissal shall be with prejudice, UNLESS ordered by the Court.
Plaintiffs remedy:
1. File a Motion for Reconsideration; and
2. If denied, Appeal from the Order or Dismissal.
The same being a final order.
NON-APPEARANCE ON THE PART OF THE DEFENDANT
Plaintiff: If the defendant failed to appear, the plaintiff may move for:
1. Presentation of his evidence ex parte; and
2. Judgment can be rendered based on the evidence of the plaintiff.
Before rendition of the judgment, the remedy of the defendant is
to:
1. File a Motion for Reconsideration of the Order allowing the
presentation of the evidence ex parte; and
2. If denied with grave abuse of discretion, file a Petition for
Certiorari under Rule 65.
o Within 60 dyas form Notice of the Order.
No appeal, since the Order is interlocutory in character.
In case there is already a Judgment, defendant may file a:
1. Motion for New Trial under Sec. 1 of Rule 37 on the ground
of FAME; and
2. In case of denial, Appeal from the decision & the Order
denying the new trial.
Within the period for taking an Appeal.
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In case the Judgment is already final & executory, defendant may

file a:
1. Petition for Relief from Judgment under Rule 33 on the
ground of FAME; or
2. Petition for Annulment of Judgment under Rule 47 on the
ground of FRAUD.
With Affidavit of Merit
If denied, file a Petition for Certiorari under Rule 65
o Within 60 days after learning the judgment & not
more than 6 months after entry of judgment.

Sec. 6, Rule 6: PRE-TRIAL BRIEF

Remedies: Failure to file pre-trial brief has the same effect as failure
to appear.
PRE-TRIAL ORDER
Remedy: In case of error in the Pre-trial Order, parties may move for
the Amendment/Correction of Pre-trial Order.

RULE 19: INTERVENTION

Sec. 1: WHO MAY INTERVENE
Remedies: If a person has legal interest in the case:
1. File a Motion for leave of Court to Intervene; and
o Any time before the rendition of judgment with
pleading in intervention.
2. If granted, file a Complaint in Intervention.
ON THE PART OF THE INTERVENOR
Remedy: In case of improper denial, the remedy of the intervenor is to
Appeal the Order being a final order.
o Within 15 days or 30 days in case of multiple or
separate Appeals after Notice of the final Order on
the ground of question of law or question of fact.
ON THE PART OF THE ORIGINAL PARTIES
Remedy: In case of improper granting, the remedy of the original
parties to the case may:
1. File a Motion for Reconsideration on the Order granting
the Amendment; and
2. If denied, file a Petition for Certiorari and Prohibition.
o Within 60 days from Notice of the Order on the
ground of grave abuse of discretion amounting to
lack or excess of jurisdiction.

RULE 21: SUBPOENA

Sec. 4: QUASHAL OF SUBPOENA

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Remedy: If subpoena is unreasonable and oppressive or the books or

documents are irrelevant, the said person may file a Motion to Quash
Subpoena.
Sec. 9: CONTEMPT
Remedy: Failure to comply with the subpoena, the person subject of
subpoena may be cited for Contempt under Rule 71.

RULE 23-29: MODES OF

Remedies: Contempt:
1.
2.
3.
4.
5.

Payment of reasonable expenses including attorneys fees;

Striking of the Pleading or parts or stay proceedings;
Dismissing the action or proceedings or any part thereof;
Judgment by default;
Arrest of any party or agent.

RULE 30: TRIAL

Sec. 3: POSTPONEMENT DUE TO ABSENCE OF
Remedy: Motion to Postpone with Affidavit.
Sec. 4: POSTPONEMENT DUE TO
Remedy: In case of illness of party or counsel, file a Motion to
Postpone the Hearing due to Illness with Affidavit/Sworn Statement.

RULE 31: CONSOLIDATION OR

Sec. 1: CONSOLIDATION
Remedy: Action involving same questions of law and of facts, file a
Motion for Consolidation of Cases.

SEVERANCE
Remedy: For convenience and to avoid prejudice, Motion for
Severance of Cases/Separate Trial.

RULE 33: DEMURRER TO EVIDENCE

Defendant: After Plaintiff had rested its case and based on
insufficiency of evidence, defendant may file a Motion for Demurrer to
Evidence.
Plaintiff: In case the motion if granted, Plaintiff may file an Appeal
since it is an adjudication on the merits.

RULE 34: JUDGMENT ON THE

Plaintiff: Answer that fails to tender an issue or admits the material
allegations of the Plaintiff, file a Motion for Judgment on the Pleading.
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Defendant: If the Motion for Judgment on the Pleadings is granted,

defending party may Appeal the Judgment.

RULE 35: SUMMARY JUDGMENT

Plaintiff: If there is no genuine issue as to any material facts:
1. File a Motion for Summary Judgment with supporting
affidavits, depositions, or admissions.
2. If the Motion is granted, aggrieved party may file an Appeal.

RULE 36: JUDGMENT, FINAL ORDERS AND ENTRY

Remedies:
Judgment which is ambiguous and difficult to comply, file a Motion for
Clarificatory Judgment.
Judgment upon Compromise, file a Motion to Set Aside Judgment
by Compromise and the Compromise Agreement.
If denied, Appeal.

RULE 37: NEW TRIAL OR RECONSIDERATION

NEW TRIAL
Remedy:
1. FAME or Newly discovered evidence, Motion for New Trial with
Affidavit of Merit.
o Within the period taking an Appeal.
2. If the Motion is denied, Appeal from the Judgment and the Order
denying the Motion for New Trial and assign as error the order
denial.
o Within 15 days after Notice of the Judgment or
Order on the ground of question of law or question
of fact.

RECONSIDERATION
Remedy:
1. Damages are excessive/ evidence is insufficient/contrary to law,
Motion for Reconsideration;
o Within the period for taking the Appeal.
2. If the Motion is denied, Appeal from the Judgment and the Order
denying the Motion for Reconsideration & assign as error the
denial of the motion.
o Within 15 days after Notice of the Judgment or
Order, on the ground of question of law or
question of fact.

RULE 38: RELIEF FROM JUDGMENT

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Sec. 1: PETITION FOR RELIEF FROM JUDGMENT, ORDER OR

Remedies: After finality of Judgment, Order or proceedings on the
ground of FAME:
1. File a Petition for Relief from Judgment with Affidavit of
Merit;
o Within 60 days after Petitioner learned of
Judgment, final order or proceedings not more
than 6 after the final order.
2. In case of denial, Certiorari under Rule 65 (see Sec. 1, Rule
41(b));
3. In case of granting, Certiorari.
Sec. 2: PETITION FOR RELIEF FROM DENIAL OF
Remedy: Failure to Appeal due to FAME, Petition for Relief from
Judgment with Affidavit of Merit.

RULE 39: EXECUTION

EXECUTION WITHIN 5 YEARS: AS A MATTER OF
Winning Party:
1. Motion for Execution;
2. If Motion for Execution is denied, Appeal/Mandamus.
Defendant:
1. If improperly issued, Motion to Quash Writ of Execution;
2. In case of discretionary execution, the Order of Execution,
defendant may file a Petition for Certiorari under Rule 65 with
TRO or Injunction;
3. Third party claim, if the property levied upon belongs to another
person, he may file an Affidavit;
4. Redemption.

EXECUTION AFTER 5 YEARS

Remedies:
1. Action for Revival of Judgment;
2. If denied, Appeal.

RULE 40: APPEAL

SECS. 1-3:
Remedy: Judgment from MTC can be appealed to RTC within 15 (or
30) days from receipt of the Judgment by Notice of Appeal or by Record on
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Appeal in case of multiple appeals or special proceedings + payment of

appeal docket fees.
Filed with MTC.

RULE 41: APPEAL FROM RTC TO CA

Remedy: Judgment from RTC in the exercise of original jurisdiction,
Appeal to the Court of Appeals by Notice of Appeal or record of appeal in
case of multiple appeals or special proceedings + payment of appeal docket
fee.
Order disallowing or dismissing an Appeal, Petition for Certiorari under
Rule 65 in relation to Sec. 1 (d), Rule 41.
Filed with RTC.

RULE 42: PETITION FOR REVIEW

Remedy: Decision of the Regional Trial Court in the exercise of its

appellate jurisdiction, aggrieved party may file Petition for Review to the
Court of Appeals
o Within 15 days from Notice of Judgment.

RULE 43: APPEALS FORM QUASI-JUDICIAL

SECS. 1, 3 & 5
Remedy: Decision of the quasi-judicial agencies, file a Petition for
Review within 15 days from Notice of the Judgment or award to the Court of
Appeals.

RULE 45: APPEAL BY CERTIORARI

Remedy: Purely questions of law from decision of Court of Appeals
SANDIGANBAYAN, Court of Tax Appeal or RTC may file a Petition for Review
on Certiorari under Rule 45. (A.M. No. 07-07-12).
o Within 15 days from notice of judgment.
In case of denial of the petition, file a Motion for Reconsideration
under Rule 52.

RULE 47: PETITION FOR ANNULMENT OF

SECS. 1-4
Remedies:
Final & executory judgment/order/resolution of the RTC, party may file
a Petition for Annulment of Judgment (with Affidavit of Merit) before the
Court of Appeals on the ground of:
1. Extrinsic fraud;
2. Lack of jurisdiction; or
3. Lack of due process.
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Final & executory judgment of the MTC/MCTC, file a Petition for

Annulment of Judgment with the RTC.

RULE 57: PRELIMINARY ATTACHMENT

SEC. 12 DISCHARGE OF WRIT OF

Defendant: In case of issuance of writ of attachment, defendant may
file a:
1. Motion to Discharge Attachment & by filing the necessary
Counter-bond under Sec. 12, Rule 57;
Motion to Discharge, after Writ of Attachment has been
enforced.
Counter-bond, in an amount equal to that fixed by the Court
in the Order or equal to the value of the property.
2. Motion to Quash Writ of Attachment on the grounds specified
under Sec. 13 of Rule 57;
a) Attachment was improperly or irregularly issued or
enforced;
b) Bond is insufficient;
c) Attachment is excessive.
o Before or after levy of after the release of
attached property.
3. In case of denial, file a Motion for Reconsideration; and
4. If denied, file a Petition for Certiorari.

RULE 58: INJUNCTION

Applicant: Acts to be restrained or performance of the act:

1. Temporary Restraining Order and/or Preliminary Prohibitory or
Mandatory Injunction;
Verified application for Preliminary Injunction or TRO &
bond, in an amount fixed by the Court.
2. In case of denial of the application, applicant may file a Motion
for Reconsideration;
3. If denied, file a Petition for Certiorari under Rule 65.
To preserve status quo of the parties, Motion for Issuance of a
Status Quo Order.

Adverse Party:
1. Counter-bond;
Lien for dissolution of the Injunction, on the ground under
Sec. 6.\
a) Application is insufficient;
b) Other grounds upon Affidavit of the parties;
c) The injunction would cause irreparable damage to
the party injured.
2. Motion for Reconsideration;
3. If denied, Certiorari;
4. In case of permanent Injunction, Appeal.
TRO may be issued ex-parte good for
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a) 20 days in case of irreparable damage & injury; or

b) 72 hours in case of extreme urgency.

RULE 59: RECEIVER

Applicant: Application/Motion for the Appointment of a Receiver.

To preserve the property pending litigation.
Bond, in an amount fixed by the Court.
Application must be verified.
Adverse Party:
1. Motion for denial of Application or discharge of receiver, on
the ground that the appointment was obtained without sufficient
cause;
2. In case of appointment of receiver, Certiorari , in case of grave
abuse of discretion;
3. Post a bond, in an amount fixed by the Court.

RULE 60: REPLEVIN

Applicant: Application for issuance of Writ of Replevin with bond.

Unlawful withholding of personal properties.
Bond, double the value of the property.
Adverse Party: Posting of Counter-bond, double the amount.

RULE 61: SUPPORT PENDENTE

Remedies: In case of refusal after Order from the Court:
1. Apply for execution; or
2. Contempt.
Support pending litigation.

RULE 62: INTERPLEADER

Remedies: Person in possession of property without legal interest.

1. File a Complaint for Interpleader;
2. In case of denial, Appeal the decision.

RULE 63: DECLARATORY RELIEF

Remedies: Person interested under a will, deed, contract, or other
written instrument, or whose rights are affected by statute, executive order,
regulations for interpretation.
1. File a Petition for Declaratory Relief;
2. In case of denial, Appeal the decision.

RULE 64: REVIEW OF JUDGMENT OF COMELEC OR

Remedy: Final Judgment or Order of COA or COMELEC, file a Petition

for Certiorari to the Supreme Court within 30 days from Notice of
Judgment.

RULE 65: CERTIORAI, PROHIBITION, MANDAMUS

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Remedy: In case of grave abuse of discretion amounting to lack or in

excess of jurisdiction & there is no other plain, speedy, adequate remedy, file
a Petition for Certiorari / Prohibition/Mandamus.

RULE 66: QUA WARRANTO

Remedy: In case of usurpation of public office, position or franchise.
1. File a Petition for Quo Warranto;
2. In case of denial, Appeal the decision.

RULE 67: EXPROPRIATION

Plaintiff: Private Property to be used for public use with payment of

just compensation, file a Complaint for Expropriation;
Adverse Party: May file his Opposition to the complaint for
expropriation.

RULE 68: FORECLOSURE OF REAL ESTATE MORTGAGE

ON THE PART OF THE PLAINTIFF-MORTGAGEE
Remedy: Non-payment of loan, secured by real estate mortgage.
1. File a Complaint for Foreclosure of Real Estate Mortgage; or
2. Collection of Sum of Money with Damages.
ON THE PART OF THE DEFENDANT-MORTGAGOR
In case of adverse decision, aggrieved party may file a:
1. Motion for Reconsideration; or
2. If denied, Appeal the decision.
In case of judicial foreclosure, EQUITY OF REDEMPTION within 90
days not more than 120 days from Entry of Judgment.
In case of banks, 1 year legal redemption.

RULE 69: PARTITION

Remedies: Real properties owned in common.
1. File a Complaint for Partition;
2. In case of adverse decision, parties may Appeal the decision.

RULE 70: UNLAWFUL DETAINER/ FORCIBLE ENTRY

ON THE PART OF THE OWNER/CO-OWNER:
UNLAWFUL DETAINER- Summary action for the recovery of
physical possession within 1 year from the last demand, file a
Complaint for Unlawful Detainer.

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 FORCIBLE ENTRY- Dispossession through fraud, intimidation,

strategy, threats, stealth within 1 year from discovery.

ON THE PART OF THE DEFENDANT:

Remedies: In case of adverse defendant may file an APPEAL to the RTC
by filing a Notice of Appeal, payment of appeal docket fees, supersedeas
bond in case of award of rental arrearages or compensation for the use of the
property, and periodic deposit of rentals.
Failure to comply with any of the requirements for Appeal, the
winning party may file a Motion for Execution pending Appeal.

RULE 71: CONTEMPT

DIRECT CONTEMPT
Misbehavior in the presence or near the Court.
1. Direct Contempt;
2. In case of adverse resolution, the remedy of the aggrieved party
is to file a Petition for Certiorari or Prohibition (Sec. 2, Rule 71)

INDIRECT CONTEMPT
Misbehavior outside or not in the presence.
1. Petition for Indirect Contempt;
2. Appeal + bond.

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