Viii. Special Civil Actions: A. in General

UP LAW BOC CIVIL PROCEDURE REMEDIAL LAW
VIII. SPECIAL CIVIL Initiated by complaint

Some initiated by
complaint, some by
ACTIONS petition.
The Special Civil Actions (SCA) under the Rules

A. IN GENERAL of Court
B. (1) SCAs initiated by complaints:
A.1 NATURE (a) Interpleader
o Special civil actions are civil actions primarily (b) Foreclosure of Real Estate Mortgage
governed by special rules, and secondarily by (c) Forcible Entry and Unlawful Detainer
rules for ordinary civil actions. [See Rule I, sec. (d) Partition
3] (e) Expropriation
o Since a civil action in general is one by which
a party sues another for the enforcement of a (2) SCAs initiated by petitions:
right, or the prevention or redress of a wrong, (a) Declaratory Relief
a special civil action is generally brought or (b) Review or Adjudication of
filed for the same purpose. [RIANO] COMELEC/COA Decisions
(c) Certiorari
(d) Prohibition
A.2 ORDINARY CIVIL ACTIONS V. SPECIAL (e) Mandamus
CIVIL ACTIONS (f) Quo Warranto
A special civil action is governed by the rules of (g) Contempt
ordinary civil actions but there are certain rules
that are applicable only to special civil actions. A.3 JURISDICTION AND VENUE
o Jurisdiction over special civil actions is
ORDINARY CIVIL SPECIAL CIVIL determined by the Constitution (art. VIII,
ACTION ACTION sec. 5, for the Supreme Court) and statutes
Also governed by (e.g. B.P. Blg. 129).
ordinary rules but o Venue is a procedural matter and generally
Governed by ordinary
subject to specific set by the Rules of Court. Hence, the venue
rules
rules prescribed of civil actions is determined by the general
[Rule 1, sec. 3] rules on venue, unless otherwise subject to
The concept of cause special rules for special civil actions (e.g.
Must be based on a
of action in an quo warranto, see Rule 66, sec. 7).
cause of action which
ordinary action does
means that the
not always fit in a Jurisdiction of inferior courts
defendant has violated
special civil action Special civil actions that can be filed in or are
plaintiffs rights
(e.g. interpleader) within the jurisdiction of the inferior courts (i.e.
Venue is determined by Venue is generally MTC, MeTC, MCTC):
either the residences of governed by the (1) Interpleader -- Provided that amount
the parties when action general rules on involved is within its jurisdiction
is personal or by the venue, except as (2) Ejectment suits Original and exclusive
location of the property otherwise indicated (3) Contempt
when the action is real. by special rules.
[Rule 4, secs. 1 and 2] [REGALADO]
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Application of hierarchy of courts INTERPLEADER v. INTERVENTION

In the absence of special reasons, the SC will
decline to exercise original jurisdiction in INTERPLEADER INTERVENTION
certiorari, prohibition, and mandamus since it is
Ancillary action, i.e.
not a trier of facts and, that is a function which Original action there is a pending
can be better done by the trial courts. The same
action
rule applies for quo warranto wherein the SC
has concurrent jurisdiction with the RTC. Intervenor claims an
[REGALADO, citing Fisher v. Yangco Steamship Co. Plaintiff either has interest that is adverse
(1915) and Veraguth v. Isabela Sugar Co. (1932)] (a) no interest or (b) to at least one of the
an interest in the existing parties, or will
B. INTERPLEADER subject matter be adversely affected
B.1 NATURE undisputed by the by judgment in favor of
o A remedy whereby a person who has other parties either of the existing
property in his possession or has an parties
obligation to render wholly or partially,
without claiming any right in both, comes to Defendants to a
Defendants are sued complaint-in-
court and asks that the defendants who have to be impleaded
made conflicting claims upon the same intervention are parties
property or who consider themselves entitled to a pending suit
to demand compliance with the obligation
be required to litigate among themselves in B.2 REQUISITES FOR INTERPLEADER
order to determine who is entitled to the (1) The plaintiff clams no interest in the
property or payment or the obligation subject matter or his claim thereto is not
[Beltran v. PHHC (1969)] disputed
o The peculiar characteristic of an interpleader (2) The parties to be interpleaded must make
is that there is NO CAUSE OF ACTION on the effective claims
part of the plaintiff but only a threat of cause (3) There must be at least two conflicting
of action. claimants with adverse or conflicting
interests to a property in custody or
PURPOSES possession of the plaintiff; and
(1) To compel conflicting claimants to (4) The subject matter must be one and the
interplead and litigate their several claims same. [see Lim v. Continental Devt Corp.
among themselves. [Rule 62, Sec. 1] (1976)]
(2) To protect a person against double
vexation in respect of one liability [Beltran, N.B.
supra] o Interpleader applies regardless of nature of
subject matter. [Wack Wack Golf & Country
Club v. Lee Won (1976), interpreting RULES OF
COURT (1964), Rule 63, sec. 1, which was
virtually unchanged by the now Rule 62, sec.
1]
o Interpleader cannot be availed of to resolve
the issue of breach of undertakings made by
defendants, which should be resolved in an
169
ordinary action for specific performance or 5 days in any event from notice of
other relief [Beltran, supra]. denial.
B.3 WHEN TO FILE (5) From service of Answer, the claimants may
file their Reply serving copies to all parties.
When to File: Within a reasonable time. An Parties may file counterclaims, cross-
action for interpleader should be filed within a claims, third-party complaints, responsive
reasonable time after a dispute has arisen pleadings
without waiting to be sued by either of the
contending parties. Otherwise, it may be barred EFFECT OF FAILURE TO ANSWER:
by laches. [Wack-Wack Golf, supra] Default.
(a) The claimant may be declared, on
Who Files the Complaint: A complaint for motion, in default
interpleader is filed by the person against whom (b) Unlike ordinary default, default in
the conflicting claims are made interpleader allows the court to render
judgment barring him from any claim
Jurisdiction and Venue: General rules on in respect to the subject matter
jurisdiction and venue apply as in ordinary civil
actions. Hence, first-level courts have (6) Pre-trial is conducted.
jurisdiction where the amount is within the limit. (7) After all pleadings have been fled, the
[see Makati Devt Corp. v. Tanjuatco (1969)] court shall then determine the respective
rights and adjudicate their several claims
PROCEDURE (Sec. 6)
(1) A complaint is filed.
(2) Upon filing of complaint, the court issues C. DECLARATORY RELIEFS AND
an Order (Sec. 2) requiring conflicting SIMILAR REMEDIES
claimants to interplead with one another
(3) Summons shall then be served upon the C.1 Nature
conflicting claimants with a copy of the o Subject matter: Deed, will, contract, or
complaint and the order to interplead (Sec. other written instrument, statute, executive
3). order, or regulation, or ordinance
(4) Each claimant has a 15-day period to file o Issue is the validity or construction of the
any of the following (Sec. 5) subject matter. This is the only question that
(a) Answer, which must also be served may be raised in declaratory relief. [Atlas
upon the other conflicting claimants. Consolidated Mining & Devt Corp. v. CA
(b) Motion to dismiss (Sec. 4). If filed, (1990)]
period to answer is o Relief: Declaration of the petitioners rights
o Grounds: and duties
(1) Same as in Rule 16, plus o Purpose: To relieve the litigants of the
(2) Impropriety of interpleader common law rule that no declaration of
action rights may be judicially adjudged unless a
o If motion is denied, movant may file right has been violated and for the violation
his answer within the remaining of which relief may be granted.
period but it shall not be less than
170
CHARACTERISTICS WHERE TO FILE

o The concept of a cause of action does not Jurisdiction: Exclusive and original jurisdiction is
strictly apply to declaratory relief since this with the RTC (BP Blg. 129, sec. 19, i.e. incapable
SCA presupposes that there has been no of pecuniary estimation). SC has no original
breach or violation of the instruments jurisdiction over declaratory relief petitions, but
involved. However, a breach or violation must has appellate jurisdiction over them. [Liga ng
be impending, imminent, or at least mga Barangay National v. City Mayor of Manila
threatened. [Velarde v. Social Justice Society (2004)]
(2004)]
o Hence, unlike other judgments, judgment in Venue: General rule on venue applies.
an action for declaratory relief does not
essentially entail any execution process. C.3 Requisites Of Action For Declaratory
[REGALADO] Relief
(1) Subject matter of controversy must be a
C.2 Who May File The Action deed, will, contract, or other written
[Rule 63, Sec. 1] instrument, statute, executive order or
(1) Any person interested under a deed, will, regulation, or ordinance. The enumeration
contract or other written instrument, before is exclusive. [Vda. de Aviles v. CA (1996)
a breach thereof. (2) Actual justiciable controversy or ripening
(2) Any person whose rights are affected by a seeds of one between person whose
statute, executive order or regulation, or interests are adverse
ordinance, or any other governmental (3) No breach of documents in question
regulation, before a violation thereof. (4) Doubtful as to the terms and validity of the
document and require judicial construction
PARTIES (5) Issue is ripe for judicial determination, as
(1) All persons who have or claim any interest where all administrative remedies have
which would be affected by the declaration been exhausted
[Rule 63, Sec. 2] (6) Adequate relief is not available through
(2) If action involves the validity of a other means or other forms of action or
statute/executive order/regulation/other proceeding [REGALADO]
governmental regulation, the Solicitor
General shall be notified. [Rule 63, Sec. 3] C.4 When Court May Refuse To Make
(3) If action involves the validity of a local Judicial Declaration
government ordinance, the
prosecutor/attorney of the LGU involved Court has discretion to refuse, motu proprio or
shall be notified. [Rule 63, Sec. 4] on motion, to grant Declaratory Relief when:
1. The decision will not terminate the
Non-joinder of interested persons is not a controversy or uncertainty giving rise to
jurisdictional defect; but persons not joined the action; or
shall not be prejudiced in their interests unless 2. The declaration or constitution is not
otherwise provided by the Rules. [Baguio necessary and proper under the
Citizens Action v. City Council of Baguio (1983)] circumstances. (Rule 63, Sec. 5)
171
C.5 Conversion To Ordinary Action D. REVIEW OF JUDGMENTS AND

[Rule 63, Sec. 6] FINAL ORDERS OR RESOLUTION OF
THE COMELEC AND COA
When proper: If before the final termination of
the case, a breach or violation of the instrument
SCOPE (Rule 64, Sec. 1)
or status occurs. Then, petition is converted into
o Applicable only to judgments and final
an ordinary action.
orders of the COMELEC and COA [Rule 64,
Sec. 1]
Effect of Conversion: Parties shall be allowed to
o This new rule is based on the provisions of
file such pleadings as may be necessary or
CONST. art. IX-A, sec. 7, which states that
proper.
[u]nless otherwise provided by this
Constitution or by law, any decision, order, or
N.B. If there has been breach or violation
ruling of each Commission may be brought
BEFORE filing of the petition, declaratory relief
to the Supreme Court on certiorari within
cannot be availed of.
thirty days from receipt of a copy thereof.
Hence, judgments/orders of the Civil
C.6 Proceedings Considered As Similar
Service Commission are now reviewable
Remedies by the CA under Rule 43, eliminating
recourse to the SC. [R.A. No. 7902; SC
Actions similar to Declaratory Relief and may be Revised Administrative Circular No. 1-95]
brought under Rule 63: (may be filed with the
MTC)
D.1 APPLICATION OF RULE 65 UNDER
(1) Action for reformation (See Art. 1359-
RULE 64
1369 Civil Code)
(2) Action to quiet title or remove cloud (See
The aggrieved party may bring a judgment or
Art. 476-481 Civil Code)
final order or resolution of the COMELEC and
(3) Action to consolidate ownership (See Art.
COA to the SC on certiorari under Rule 65 and
1607 Civil Code)
not on appeal by certiorari under Rule 45. [Rule
64, sec. 2]
These remedies are considered similar to
o Note: The petition should be filed
declaratory relief because they also result in the
EXCLUSIVELY with the SC.
adjudication of the legal rights of the litigants
o Certiorari is the mode of review. Rule 65 is
often without the need of execution to carry the
followed unless it conflicts with particular
judgment into effect. [Malana v. Tappa (2009)]
rules under Rule 64.
However distinction must be made between:
SPECIAL RULES UNDER RULE 64
(1) Cases similar to declaratory relief, where
o Reglementary Period: The petition should
the court is BOUND to render judgment;
be filed within 30 days from notice of
and
judgment or final order or resolution
(2) Actions for declaratory relief, where the
sought to be reviewed. This follows the
court MAY REFUSE to exercise the power
express provision of the Constitution, and
to declare rights and to construe
is different from Rule 65 which provides
instruments.
for 60 days.
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o Interruption of the 30-day period: Filing of D.2 DISTINCTION IN THE APPLICATION

MFR or MNT, if allowed under the OF RULE 65 TO JUDGMENTS OF THE
procedural rules of the Commission, shall COMELEC AND COA AND THE
interrupt the 30-day period. If denied, APPLICATION OF RULE 65 TO OTHER
aggrieved party may file petition within
TRIBUNALS, PERSONS, AND OFFICERS
the remaining period but it shall not be
less than 5 days in any event from notice
of denial. [Rule 64, sec. 3]
RULE 64 RULE 65
o Note: The Fresh Period Rule is NOT
applicable. Its application to Rule 65
cannot be automatically extended Directed only to the Directed to any
because Rule 64, sec. 3 is a special rule. judgments, final tribunal, board, or
In the case of COMELEC decisions, the orders or resolutions officer exercising
Court has chosen not to extend it in view of COMELEC and COA judicial or quasi-
of the Constitutional policy of prompt judicial functions
resolution of election cases. [Pates v.
COMELEC (2009)] Filed within 30 days Filed within 60 days
from notice of the from notice of the
judgment judgment
PROCEDURE
(1) A verified petition is filed (Sec. 5) with Fresh period rule does
payment of docket and lawful fees (Sec. 4) not apply. Rule 64, Fresh period rule
(2) Service of petition to the Commission and sec. 3 (supra) is applies
parties concerned (Sec. 5) applicable.
(3) SC shall act on the petition:
(a) It may dismiss the petition: E. CERTIORARI, PROHIBITION,
(i) Due to failure to comply with the MANDAMUS
form and content requirements in
Sec. 5;
E.1 DEFINITIONS AND DISTINCTIONS
(ii) If SC finds the petition insufficient
Certiorari is a writ emanating from a superior
in form and substance (Sec. 6);
court directed against an inferior court, tribunal,
(iii) If it was filed manifestly for delay
or officer exercising judicial or quasi-judicial
(Sec. 6); or
functions, the purpose of which is to correct
(iv) Questions raised are too
errors of jurisdictioni.e. without or in excess of
unsubstantial to warrant
jurisdiction, or with grave abuse of discretion
proceedings (Sec. 6).
amounting to the same. [Rule 65, sec. 1]
(b) If sufficient in form and substance, the
SC will require the respondents to file
Prohibition is a writ issued by a superior court
their Comments (Sec. 6) within 10 days
and directed against an inferior court, board,
from notice
officer or other person whether exercising
(4) SC may also require oral argument or
judicial, quasi-judicial, or ministerial functions
submission of memoranda (Sec. 9)
for the purpose of preventing or restraining the
(5) The case is then submitted for decision
latter from usurping jurisdiction with which it is
(Sec. 9)
not legally vested. [See Rule 65, sec. 2]
173
Mandamus is a writ issued in the name of the act which the law enjoins as a duty resulting
State, to an inferior tribunal, corporation, board, from an office, trust, or station. [Rule 65, sec. 3]
or person, commanding the performance of an
CERTIORARI PROHIBITION MANDAMUS

Directed against an entity or Directed against an entity or personDirected against an entity
person exercising judicial or exercising judicial, quasi-judicial, or
or person exercising
quasi-judicial functions ministerial functions ministerial functions
Entity or person is alleged
Entity or person is alleged to have acted: to have:
(1) Without jurisdiction (1) Neglected a ministerial
(2) In excess of jurisdiction; or duty; or
(3) With grave abuse of discretion amounting to lack or excess of (2) Excluded another from a
jurisdiction right or office
PURPOSE:
PURPOSE:
PURPOSE For respondent to: (1) do the
To have respondent desist from
To annul or nullify a proceeding act required, and (2) pay
further proceeding
damages
Covers discretionary and ministerial Covers
Covers discretionary acts
acts ministerial acts
Corrective remedy: Negative and preventive remedy
May be affirmative, positive,
To correct usurpation of To restrain or prevent the said
or negative
jurisdiction usurpation
E.1.1 CERTIORARI AS A MODE OF APPEAL AND AS A SPECIAL CIVIL ACTION
CERTIORARI AS A MODE OF APPEAL

CERTIORARI AS A SPECIAL CIVIL ACTION (Rule 65)
(Rule 45)
A continuation of the appellate process
An original action and not a mode of appeal
over the original case
May be directed against an interlocutory order of the
Seeks to review final judgment or final
court or where no appeal or plain or speedy remedy is
orders
available in the ordinary course of law
Raises questions of jurisdiction, i.e. whether a tribunal,
board or officer exercising judicial or quasi-judicial
Raises only questions of law functions has acted without jurisdiction or in excess of
jurisdiction or with grave abuse of discretion amounting
to lack of jurisdiction
Filed within 15 days from notice of Filed not later than 60 days from notice of judgment,
judgment or final order appealed from, or order, or resolution sought to be assailed. In case a
of the denial of petitioners motion for motion for reconsideration or new trial is timely filed, the
reconsideration or new trial. 60-day period is counted from notice of said denial.
Extension of 30 days may be granted for Extension granted only under exceptional cases (infra).
174
justifiable reasons.
Does not require a prior motion for Motion for reconsideration is a condition precedent,
reconsideration subject to exceptions
Does not stay the judgment or order subject of the
Stays the judgment appealed from
petition, unless enjoined or restrained
Parties are the original parties with the
appealing party as the petitioner and the The tribunal, board, or officer, exercising judicial or
adverse party as the respondent, without quasi-judicial functions is impleaded as respondent
impleading the lower court or its judge
Filed only with the SC May be filed with the SC, CA, Sandiganbayan, or RTC
If the order is sufficient in form and substance:
Review by the SC is discretionary and will The RTC shall (1) order respondents to comment,
be granted only when there are special or and then (2)(a) hear the case or (2)(b) require the
parties to file memoranda.
important reasons. [Rule 45, sec. 6]
But the SC/CA may require a comment before
giving the petition due course.
E.1.2 PROHIBITION AND MANDAMUS, DISTINGUISHED FROM INJUNCTION
INJUNCTION PROHIBITION
Ordinary civil action Special civil action
Directed only to the party litigants, Directed to the court itself, commanding it to cease
without in any manner interfering with the from the exercise of a jurisdiction to which it has no
court legal claim
INJUNCTION MANDAMUS
Ordinary civil action Special civil action
Directed against a tribunal, corporation,
Directed against a litigant
board, or officer
Purpose is to either refrain the defendant from Purpose is for the tribunal, corporation,
performing an act or to perform not necessarily a legal board, or officer, to perform a ministerial
and ministerial duty and legal duty
175
E.2 REQUISITES (3) There is no other plain, speedy, and

Requisites of Certiorari: adequate remedy in the ordinary course
(1) Respondent is exercising judicial or of law.
quasi-judicial function
(2) Respondent acted without or in excess DISCRETIONARY
MINISTERIAL ACT
of its jurisdiction or acted with grave ACT
abuse of discretion amounting to lack of One which an
jurisdiction; and officer or tribunal
(3) There must be no appeal or other plain, performs in a given
One where public
speedy, and adequate remedy [Barbers v. state of facts, in a
functionaries, by
COMELEC (2005)] prescribed manner,
virtue of a power or
Requisites of Prohibition: in obedience to the
right conferred upon
(1) Respondent is exercising judicial, quasi- mandate of a legal
them by law, can act
judicial, or ministerial functions authority, without
officially under
(2) Respondent acted without or in excess regard to or the
certain
of its jurisdiction or acted with grave exercise of his own
circumstances,
abuse of discretion amounting to lack of judgment upon the
uncontrolled by the
jurisdiction; and propriety or
judgment or
(3) There must be no appeal or other plain, impropriety of the
conscience of others
speedy, and adequate remedy [Barbers, act done [Roble
supra] Arrastre, Inc. v.
Villaflor (2006)]
Requisites of Mandamus:
(1) There must be a well-defined, clear
legal right or duty. [Valmonte v.
Belmonte (1989)] E.3 WHEN PETITION FOR CERTIORARI,
o The duty must be enjoined by law; PROHIBITION, AND MANDAMUS IS
hence, a contractual duty cannot be PROPER
enforced by mandamus. [Province of
Pangasinan v. Reparations N.B. The common requisite among certiorari,
Commission (1977)] prohibition, and mandamus is that there is
(2) Respondent must be exercising a no other plain, speedy, or adequate remedy in
ministerial duty. [Roble Arrastre, Inc. v. the ordinary course of law.
Villaflor (2006)]
o A duty which is absolute and WHEN PETITION FOR CERTIORARI IS
imperative and involves merely its PROPER
execution o Only to correct errors of jurisdiction, not
o However, mandamus will lie to errors of judgment.
compel the discharge of the o Questions of fact cannot be raised in an
discretionary duty itself but not to original action for certiorari. Only
control the discretion to be exercised. established or admitted facts may be
In other words, mandamus can issue considered. [Suarez v. NLRC (1998)]
to require action only but not specific
action. [Assoc. of Small Landowners General rule: Where appeal is available,
in the Phils., Inc. v. Sec. of Agrarian certiorari will not lie. [Jose v. Zulueta (1961)]
Reform (1989)]
Exceptions:
176
(1) Where the appeal does not constitute a ministerial duty, this being its main
speedy and adequate remedy objective.
(2) Where orders were also issued either in o A writ of mandamus will not issue to
excess or without jurisdiction control the exercise of official discretion or
(3) For certain special considerations, as judgment, or to alter or review the action
public welfare or public policy taken in the proper exercise of the
(4) Where, in criminal actions, the court discretion of judgment, for the writ cannot
rejects the rebuttal evidence for the be used as a writ of error or other mode of
prosecution as, in case of acquittal, direct review.
there could be no remedy o However, in extreme situations generally
(5) Where the order is a patent nullity in criminal cases, mandamus lies to
(6) Where the decision in the certiorari case compel the performance of the fiscal of
will avoid future litigations [Villarica discretionary functions where his
Pawnshop v. Gernale (2009) actuations are tantamount to a wilful
refusal to perform a required duty.
WHEN PETITION FOR PROHIBITION IS [REGALADO]
PROPER
o Prohibition is a preventive remedy. Grounds for Mandamus:
However, to prevent the respondent (1) When any tribunal, corporation, board,
from performing the act sought to be officer or person, UNLAWFULLY
prevented during the pendency of the NEGLECTS the performance of an act
proceedings for the writ, the petitioner which the law specifically enjoins as a
should obtain a restraining order and/or duty resulting from an office, trust, or
writ of preliminary injuction. [REGALADO] station.
o The office of prohibition is not to correct (2) When any tribunal, corporation, board,
errors of judgment but to prevent or officer, or person, UNLAWFULLY
restrain usurpation by inferior tribunals EXCLUDES another from the due and
and to compel them to observe the enjoyment of a right or office to which
limitation of their jurisdictions. the other is entitled. [Rule 65, sec. 3]
[HERRERA]
E.4 INJUNCTIVE RELIEF
General Rule: Prohibition does NOT
ordinarily lie to restrain an act which is Independent Action
already fait accompli. An original action for Certiorari, Prohibition,
or Mandamus is an independent action, and
Exception: Writ of prohibition will lie to as such:
prevent the unlawful creation of a new (1) Does not interrupt the course of the
province by those in the corridors of power principal action;
who could avoid judicial intervention and (2) Does not affect the running of the
review by merely speedily and stealthily reglementary periods involved in the
completing the commission of such illegality proceedings;
[Tan v. COMELEC (1986)] (3) Does not stay the execution of judgment
unless a TRO or writ of preliminary
WHEN PETITION FOR MANDAMUS injunction has been issued. [see Rule 65,
PROPER sec. 7]
o The purpose of mandamus is to compel
the performance, when refused, of a Injunctive Relief
177
General Rule: The mere elevation of an passed upon by the lower court, or are
interlocutory matter through a petition for the same as those raised and passed
certiorari does not by itself merit a upon in the lower court
suspension of the proceedings before a (3) Where there is urgent necessity for the
public respondent, applying Rule 65, sec. 7. resolution of the question and any
o The public respondent shall proceed further delay would prejudice the
with the principal case WITHIN 10 DAYS interests of the Government
from filing of the petition for certiorari (4) Where under the circumstances, an
with the higher court, absent a TRO or MR would be useless, as where the
preliminary injunction, or upon its court had already indicated that it
expiration. Failure may be a ground for would deny any motion for
an administrative charge [AM No. 07-7- reconsideration of its questioned order
12-SC] (5) Where petitioner was deprived of due
process and there is extreme urgency
Exceptions: for relief
(1) When a writ of preliminary injunction or (6) Where, in a criminal case, relief from
TRO is issued: The burden is on an order of arrest is urgent and
petitioner to show that there are granting such relief by trial court is
meritorious grounds, i.e. there is an improbable
urgent necessity in order to prevent (7) Where the proceedings in the lower
serious damage; or court are a nullity for lack of due
(2) Judicial courtesy: Even if there is no process
injunction issued, lower court should (8) Where the proceeding was ex parte or
defer to higher court where there is a in which the petitioner had no
strong probability that the issues before opportunity to object
the higher court would be rendered (9) Where the issue raised is one purely of
moot and moribund as a result of the law or where public interest is involved
continuation of the proceedings in the
court of origin. [Republic v. Where the subject matter of the action is
Sandiganbayan (2006)] perishable [Ombudsman v. Laja (2006)]
E.5 EXCEPTIONS TO FILING MOTION E.6 RELIEFS PETITIONER IS ENTITLED

FOR RECONSIDERATION BEFORE TO
FILING PETITION
RELIEFS, IN GENERAL
General Rule: An MR is an essential Petitioner may be entitled to:
precondition for the filing of a petition for (1) Injunctive relief Court may may issue
certiorari, prohibition, or mandamus. It is a orders expediting the proceedings, and
plain, speedy, and adequate remedy. This is it may also grant a temporary
to enable the lower court, in the first instance, restraining order or a writ of preliminary
to pass upon and correct its mistakes without injunction for the preservation of the
the intervention of the higher court rights of the parties [Rule 65, sec. 7]
(2) Incidental reliefs as law and justice may
Exceptions: MR may be dispensed with in require [Rule 65, secs. 1 and 2]
some cases: (3) Other reliefs prayed for or to which the
(1) Where the order is a patent nullity petitioner is entitled [Rule 65, sec. 8]
(2) Where questions raised in the certiorari
proceeding have been duly raised and
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PRAYERS (a) Certified true copy of the judgment,

(1) In certiorari order, resolution subject thereof
(a) That the judgment be rendered (b) Copies of all pleadings and relevant
annulling or modifying the and pertinent documents
proceedings of such tribunal, board (c) Sworn certification of non-forum
or officer; and shopping
(b) Granting such incidental reliefs as (2) Contents of the petition
law and justice may require [Rule 65, (a) Allegation of facts with certainty
sec. 1] Prayer
(2) In prohibition
(a) That the judgment be rendered ACQUISITION OF JURISDICTION
commanding the respondent to In original actions for Certiorari, Prohibition,
desist from further proceedings in Mandamus, when does the court acquire
the action or matter specified; or jurisdiction over the person of the
(b) Otherwise granting such incidental respondent? It depends:
reliefs as law and justice may (1) If action is filed with the RTC: Follow
require [Rule 65, sec. 2] rules on ordinary civil actions.
(3) In mandamus Jurisdiction is acquired by:
(a) That the judgment be rendered (a) Service of summons to respondent
commanding the respondent, or
immediately or at some other time (b) By his voluntary appearance in
to be specified by the court, to do court
the act required to be done to
protect the rights of the petitioner; (2) If the action is filed with the SC/CA: Court
and acquires jurisdiction over respondents
(b) To pay the damages sustained by by:
the petitioner by reason of the (a) Service on them of its orders
wrongful acts of the respondent indicating its initial action on the
[Rule 65, sec. 3] petition or
(b) By their voluntary submission to
E.7 ACTS/OMISSIONS OF MTC/RTC IN such jurisdiction
ELECTION CASES
PROCEDURE
In election cases involving an act or an A petition for certiorari/ mandamus/
omission of a municipal or regional trial court, prohibition is filed
the petition [for certiorari, prohibition, or
mandamus] shall be filed EXCLUSIVELY with When filed:
the Commission on Elections, in aid of its (a) Not later than 60 days from notice of
appellate jurisdiction [Rule 65, sec. 4, par. 3 judgment/order/resolution
as amended by AM No. 07-7-12-SC (2007)] (b) If a motion for reconsideration/new trial
is filed, the 60-day period shall be
E.8 WHEN AND WHERE TO FILE counted from notice of denial of motion.
PETITION
Rule on Extension of Time for Filing:
Petition And Contents General Rule: The sixty (60)-day period
(1) A verified petition is filed in the proper within which to file a petition for
court accompanied by: certiorari under Rule 65 is non-extendible.
179
Exceptions: Under the following exceptional (2) A PUBLIC OFFICER who does or suffers
circumstances, the Court may extend the an act, which, by provision of law,
period according to its sound discretion: constitutes a ground for forfeiture of
(1) Most persuasive and weighty reasons; office; or
(2) To relieve a litigant from an injustice not (3) An ASSOCIATION which acts as a
commensurate with his failure to comply corporation within the Philippines
with the prescribed procedure; without being legally incorporated or
(3) Good faith of the defaulting party by without lawful authority to act. [Rule 66,
immediately paying within a reasonable Sec. 1]
time from the time of the default;
(4) The existence of special or compelling JURISDICTION
circumstances; (1) Original jurisdiction to issue the writ of
(5) The merits of the case; quo warranto is vested in the SC, CA, and
(6) A cause not entirely attributable to the RTC. [CONST. art. VIII, sec. 5(1); B.P. Blg.
fault or negligence of the party favored 129, secs. 9 and 21]
by the suspension of the rules; (2) Actions for quo warranto against
(7) A lack of any showing that the review corporations (as opposed to associations
sought is merely frivolous and dilatory; without authority) with regard to
(8) The other party will not be unjustly franchises and rights granted to them, as
prejudiced thereby; well as the dissolution of corporations
(9) Fraud, accident, mistake or excusable now fall under the jurisdiction of the RTC
negligence without appellant's fault; [P.D. No. 902-A, in relation to R.A. No.
(10) Peculiar legal and equitable 8799, sec. 5.2. SEC. REG. CODE, sec. 5.2.;
circumstances Unilongo v. CA (1999)]
(3) Usurpation of an office in a private
F. QUO WARRANTO corporation falls under the jurisdiction of
the SEC under P.D. No. 902-A, in relation
F.1. NATURE to R.A. No. 8799, sec. 5.2.
Literally means by what authority; a
prerogative writ by which the court can call F.3. DISTINGUISHED FROM QUO
upon any person to show by what warrant he WARRANTO IN THE OMNIBUS
holds a public office or exercises a PUBLIC ELECTION CODE
franchise.
ROC Rule 66 OEC Sec. 253
When the inquiry is focused on the legal Filed by whom
existence of a body politic, the action is (11) Solicitor General
reserved to the State in a proceeding for quo or Public
warranto or any other direct proceeding. Prosecutor, (a) in
behalf of the
Subject Matter: The subject matter of a quo Republic [Rule 66,
warranto may be a public office, franchise, or sec. 2] or (b) upon
position. the request or Any voter
relation of another
F.2. AGAINST WHOM MAY THE ACTION person [sec. 3]; or
BE BROUGHT (12) Individual
(1) A PERSON who usurps, intrudes into, or claiming to be
unlawfully holds or exercises a public entitled to a public
office, position, or franchise; office or position
180
usurped or F.4. WHEN GOVERNMENT MAY

unlawfully held or COMMENCE AN ACTION AGAINST
exercised by INDIVIDUALS
another [sec. 5]
Where filed The Government, through the Solicitor
[Jurisdiction] General or public prosecutor commences the
(1) If against action for quo warranto.
election of a (1) Mandatory: When to commence:
[Venue]
Member of (a) When directed by the President; OR
(1) Commenced by
Congress, (b) When upon complaint or otherwise
Sol. Gen.: (a) RTC
Regional, he has good reason to believe that
Manila, (b) CA or
Provincial or any case in sec. 1 [supra] can be
(c) SC;
City Officer: established by proof. [sec. 2]
(2) Otherwise: (a) RTC
COMELEC (2) Discretionary: When to commence:
with jurisdiction
(2) If against a (a) Upon permission of the court; AND
over territorial
municipal or (b) At the request and upon the relation
area where
barangay of another person [ex relatione],
respondent
officer: provided officer bringing it may
resides, (b) CA or
appropriate require an indemnity bond.
(c) SC
RTC or MTC,
respectively. F.5. WHEN INDIVIDUAL MAY
COMMENCE AN ACTION
Period for filing
Within 1 year from An individual may commence the action if he
Within 10 days
ouster or from the claims to be entitled to the office or position
after proclamation
time the right to the usurped or unlawfully held or exercised by
of results
position arose. [sec. 11] another.
Grounds (against occupants of public (1) He may institute the action in his own
offices) name. [Sec. 5]
(1) A person, who (a) He does not have to secure the
usurps, intrudes intervention of the Solicitor General
into or unlawfully or public prosecutor.
holds or exercises (b) No leave of court necessary.
a public office, (2) He must aver and be able to show that he
position or is entitled to the office in dispute,
franchise; (1) Ineligibility; or otherwise the action may be dismissed at
(2) A public officer, (2) Disloyalty to any stage. [General v. Urro (2011)]
who does or the Republic
suffers an act F.6. PERIOD FOR PLEADINGS AND
which, by provision PROCEEDINGS MAY BE REDUCED
of law, constitutes
Period to File: The action must be
a ground for commenced within 1 year from the date after
forfeiture of office.
the cause of such ouster or the right of the
[sec. 1] petitioner to hold such office or position
arose. [sec. 11]
In sum, Rule 66 applies to quo warranto IN
GENERAL while election law governs quo Laches does not attach and failure to file
warranto against SPECIFIED elective officials. quo-warranto proceedings does not operate
181
adversely against a dismissed government petitioners right to the office in question

employee where it was the act of responsible [sec. 11]
government official which contributed in the
delay of filing of complaint for reinstatement
[Cristobal v. Melchor (1980)] G. EXPROPRIATION
Reduction of Period: The court may reduce G.1. NATURE

the period for filing and for all other Eminent Domain is the right and authority of
proceedings in the action to secure most the State, as sovereign, to take private
expeditious determination of the matters property for public use upon observance of
involved therein, consistent with the rights of due process and payment of just
the parties. [sec. 8] compensation.
It is in the nature of a compulsory sale to
F.7. JUDGMENT IN QUO WARRANTO the State.
ACTION
G.2. REQUISITES FOR THE VALID
When respondent is found guilty of usurping, EXERCISE OF THE RIGHT
intruding, or unlawfully holding or exercising (a) The property must be private
a public office, judgment shall be rendered: (b) There must be due process of law
(1) That such respondent is ousted and (c) Payment of just compensation
altogether excluded therefrom; and (d) Taking must be for public use
(2) That petitioner or relator, as the case (e) There must be genuine necessity
may be, recover his costs; and [Manapat v. CA (2007)]
(3) (Court may further determine the
respective rights in and to the public G.3. MATTERS TO ALLEGE IN
office, position, or franchise of all COMPLAINT FOR EXPROPRIATION
parties.) [sec. 9]
Contents of the Complaint: The complaint
F.8. RIGHTS OF A PERSON ADJUDGED shall
ENTITLED TO PUBLIC OFFICE (1) State with certainty the right and
purpose of expropriation
Rights of persons adjudged entitled to office N.B. Where the right of the plaintiff to
[sec. 10]: expropriate is conferred by law,
(1) Execution of the office complaint does not have to state with
After taking oath of office and executing certainty the right of expropriation
any official bond required by the law [Manila Railroad Co. v. Mitchel (1923)]
(2) Demand from respondent all the books (2) Describe the real or personal property
and papers appertaining to the office to sought to be expropriated
which judgment relates (3) Join defendants
Respondents neglect or refusal to All persons owning or claiming to own, or
comply with the demand is punishable by occupying, any part thereof or interest
contempt therein, showing separate interest of
(3) Bring an action for damages against each defendant, as far as practicable
respondent for damages sustained by (4) Make the following averments, if needed:
him by reason of the usurpation. (a) If title appears to be in the Republic,
Must be commenced within 1 year after although occupied by private
entry of judgment establishing individuals
182
(b) If title is otherwise obscure or Preliminary deposit [Rule 67, sec. 2]:
doubtful so that plaintiff cannot with
accuracy or certainty specify who the Provide damages if court
real owners are [Rule 67, sec. 1] finds that the plaintiff has no
right to expropriate
Where to File: RTC where property is located. Purposes Advance payment for just
MTC has no jurisdiction since an action for compensation, if property is
expropriation is incapable of pecuniary finally expropriated [Visayan
estimation. [Barangay San Roque v. Heirs of Refining Co. v. Camus (1919)]
Pastor (2000)] If Real Property: Equivalent to the
assessed value of the property for
G.4. TWO STAGES IN EVERY ACTION purposes of taxation.
FOR EXPROPRIATION Value
If Personal Property: Value shall
be provisionally ascertained and
(First Stage) Propriety of Expropriation: fixed by the court.
Determination of the authority of the plaintiff
to exercise the power of eminent domain and With the authorized government
Where to depositary. (Amount is to be held
the propriety of its exercise in the context of
deposit by such bank subject to the
the facts involved. This ends with either:
(1) An order of dismissal, or orders of the court.)
(2) An order of expropriation General Rule: Money.
Exception: In lieu of money, court

(Second Stage) Just Compensation:
Determination of the just compensation for Form of authorizes deposit of a certificate
Deposit of deposit of a government bank
the property sought to be taken.
of the Republic, payable on
demand to the authorized
N.B. Multiple appeals are allowed in
government depositary.
expropriation. Aggrieved party may appeal in
each stage separately.
After the deposit, court shall order sheriff or
proper officer to place plaintiff in possession
G.5. WHEN PLAINTIFF CAN
of the property. Such officer shall promptly
IMMEDIATELY ENTER INTO
submit a report to the court with service of
POSSESSION OF THE REAL PROPERTY, copies to parties.
IN RELATION TO R.A. NO. 8974
NOTE: Preliminary deposit is only necessary
Plaintiff shall have the right to take or enter if the plaintiff desires entry on the land upon
upon possession of the real property upon: its institution of the action. Otherwise, he
(1) Filing of complaint or at any time could always wait until the order of
thereafter, and after due notice to expropriation is issued before it enters upon
defendant the land.
(2) Making preliminary deposit [Rule 67, sec.
2] Once the preliminary deposit has been made,
the expropriator is entitled to a writ of
possession as a matter of right, and the
issuance of said writ becomes ministerial on
the part of the trial court. [Biglang-Awa v.
Bacalla (2000)]
183
Republic Act No. 8974 (2000): Applicable Special Laws:

An Act to Facilitate the Acquisition of Right- (1) R.A. No. 8974 specifically governs
of-Way, Site or Location for National expropriation for national government
Government Infrastructure Projects and for infrastructure projects
Other Purposes (2) Local Govt Code, sec. 19 governs the
exercise of the power of eminent domain
RULE 67, by LGUs through an enabling ordinance
RA 8974
SEC. 2
Only when
national G.6. NEW SYSTEM OF IMMEDIATE
Expropriation government PAYMENT OF INITIAL JUST
in general, expropriates COMPENSATION
Scope for both real real property
and personal for national For the acquisition of right-of-way, site or
properties government location for any national government
infrastructure infrastructure project through expropriation,
projects upon the filing of the filing of the complaint,
Government is and after due notice to the defendant, the
required to implementing agency shall immediately pay
Government
make the owner of the property the amount
For writ of is required to
immediate equivalent to the sum of:
possession make
payment to (1) 100 percent of the value of the property
to issue preliminary
owner upon based on the current relevant zonal
deposit
filing of valuation of the BIR; and
complaint (2) The value of the improvements and/or
Equal to the structures as determined under Sec. 7 of
market value R.A. 8974, supra [RA 8974, sec. 4]
of the property
as stated in
the tax
declaration or
Equal to current
assessed relevant zonal
Amount of
value of real value of BIR,
payment or
property for whichever is
deposit
purposes of higher, and
taxation value of
improvements
and/or
structures
using
replacement
cost method
184
G.7. DEFENSES AND OBJECTIONS Effect of failure to file answer: Failure to file
[RULE 67, SEC. 3] answer does not produce all consequences of
default as in ordinary civil actions:
No Objection to or With Objection to or (1) There is default as to the first stage of
Defense against Defense against expropriation, supra; but
Taking Taking (2) Said judgment is without prejudice to the
What to file and serve second stage, i.e. defendant still has the
Notice of right to present evidence on the just
Answer to the compensation and to share in the
appearance and
complaint distribution of the award. [See Robern
manifestation
Period to file Development Corporation v. Quitain
Time stated in the summons (1999)]
Contents
(1) Specifically G.8. ORDER OF EXPROPRIATION
designating/iden [RULE 67, SEC. 4]
tifying the
(1) Manifestation to Order of Expropriation: It is the order
property in which
the effect that he declaring that the plaintiff has lawful right to
he claims to have
has no objection take the property.
an interest in;
or defense;
(2) Nature and
(2) Specifically When Issued: It is issued when:
extent of the
designating/ide (1) Objections or defenses against the right
interest; and
ntifying the of plaintiff to expropriate are overruled;
(3) ALL his
property in or
objections and
which he claims (2) No party appears to defend the case
defenses to the
to be interested
complaint or any
allegation Contents of the Order: That the plaintiff has a
therein lawful right to take the property sought to be
Prohibited expropriated:
Counterclaim, cross- (1) For the public use or purpose described
claim, third party in the complaint; and
complaint in any (2) Upon payment of just compensation
pleading (a) To be determined as of the date of
taking, or
Amended answers: A defendant waives all (b) The filing of the complaint, whichever
defenses and objections not so alleged, but came first.
the court, in the interest of justice, may
permit amendments to the answer not to be Remedy of Defendant: Order of
made later than ten (10) days from filing condemnation is final, not interlocutory.
thereof. Hence, it is appealable.
N.B. Appeal shall not prevent court a quo
Just compensation may be proven with or from determining just compensation.
without objections/defense, and whether or
not defendant appeared/answered: In any
case, in the determination of just
compensation, defendant may present
evidence as to the amount of compensation
to be paid.
185
Effects of the Order: Market Value: Sum of money which a person

(1) Plaintiff not permitted to dismiss or desirous but not compelled to buy, and an
discontinue the proceeding, except on owner willing but not compelled to sell,
such terms as the court deems just and would agree on as a price to be given and
equitable; and received therefore. [BPI v. CA (2004)]
(2) Order forecloses any further objections to
the right to expropriate, including the Time when market value should be fixed:
public purpose of the same. [Robern (1) When plaintiff takes possession before
Development Corporation v. Quitain institution of proceedings: value fixed as
(1999)] of TIME OF TAKING; or
(2) When the taking coincides with or
G.9. ASCERTAINMENT OF JUST subsequent to the commencement of
COMPENSATION [RULE 67, SEC. 5] proceedings: value fixed as of DATE OF
Upon rendition of the Order of Expropriation, FILING of the complaint
the court issues an Order of Appointment.
G.10. APPOINTMENT OF
Order of Appointment: COMMISSIONERS; COMMISSIONERS
(1) Court appoints not more than 3 REPORT; COURT ACTION UPON
commissioners to ascertain and report to REPORT
the court the just compensation for the
property Qualifications of the Commissioners: Must be
(2) Contents: Order shall (1) Competent; and
(a) Designate the time and place of the (2) Disinterested
first session of hearing to be held by
commissioner Proceedings by Commissioners [Rule 67, Sec.
(b) Specify the time within which their 6]
report shall be submitted to court (1) Oath: Commissioners shall first take and
(3) Procedures: subscribe an oath that they will faithfully
(a) Copies of the Order shall be served perform their duties. Oath shall be filed
on the parties in court together with other proceedings.
(4) Objections to appointment: (2) Introduction of evidence: Evidence may
(a) Filed with the court within 10 days be introduced by either party before the
from service commissioners who are authorized to
(b) Objections shall be served to all administer oaths on hearings before
commissioners them
(c) Resolved within 30 days after all
commissioners shall have received Duties of Commissioners: Commissioners
copies shall:
(1) View and examine the property sought to
Just Compensation: The full and fair be expropriated and its surroundings,
equivalent of the property taken from its and may measure the same.
owner by the expropriator. Just (a) Parties may agree not to have the
compensation means not only (1) the correct property inspected.
determination of the amount to be paid but (b) Due notice to parties to attend must
also the (2) payment of the land within a first be given.
reasonable time from its taking. [Land Bank (c) After this, each party may argue the
of the Phils. v. Obias (2012)] case.
186
(2) Assess the consequential damages to the (b) Recommit to commissioners for
property not taken and deduct from such further report of facts, for cause
the consequential benefits to be derived shown;
by owner. (c) Set aside the report and appoint new
(a) Consequential benefits are those commissioners; OR
proximately resulting from the (d) Accept the report in part and reject in
improvements consequent to the part; AND
expropriation and accruing to the (e) Make such order or render such
remaining portion of the land. judgment as shall secure the plaintiff
[REGALADO] (as to its right to expropriate) and the
(b) In no case shall the consequential defendant (as to his right to just
benefits assessed exceed the compensation)
consequential damages. [Sec. 6]
(c) In no case shall the owner be G.11. RIGHTS OF PLAINTIFF UPON
deprived of the actual value of his JUDGMENT AND PAYMENT [RULE 67,
property taken. [Sec. 6] SEC. 10]
Report by Commissioners [Rule 67, Sec. 7] Rights: Either:

(1) Commissioners shall make a full and (1) Right to retain: Applies when plaintiff
accurate report to the court of all their immediately entered upon the property
proceedings. after making the required deposit (and
(2) Such proceeding shall not be effectual therefore already has possession of the
until court has accepted their report and property), supra.
rendered judgment in accordance with (2) Right to enter and appropriate: Applies
their recommendations. when plaintiff does not take immediate
(3) Report shall be filed within 60 days from possession of the property.
date commissioners were notified of their Appropriation must be for the public use
appointment. Time may be extended by or purpose defined in the judgment.
court discretion,
(4) Upon filing, clerk shall serve copies of the Conditions for exercise:
Commissioners Report to all interested (1) Upon payment by plaintiff to defendant
parties. Clerk includes a notice that of compensation fixed by judgment, with
parties are allowed to file objections to legal interest from taking; or
the report within 10 days from notice. (2) After tender to defendant of the said
amount and payment of the costs.
Action Upon Commissioners Report [Rule 67, N.B. If defendant or counsel absent
Sec. 8] themselves from the court or decline the
(1) When court renders judgment: Upon amount tendered, the amount shall be
(a) Filing of objections to the report or of deposited in court and shall have the
the agreement thereon of all effect of actual payment.
interested parties; OR
(b) Expiration of 10-day period to object G.12. EFFECT OF RECORDING OF
from the report
JUDGMENT
(2) Court may:
(a) After hearing, accept the report and
Contents of the Judgment
render judgment in accordance
(1) Statement of the particular property or
therewith;
interest therein expropriated, with
adequate description; and
187
(2) Nature of the public use or purpose for (a) Date and due execution of the real
which it is expropriated. [Sec. 13] mortgage;
(b) Date of the note or other
When title to property vests: documentary evidence of the
(1) If personal property, upon payment of obligation secured by the mortgage;
just compensation [Sec. 10] (2) Its assignments, if any;
(2) If real property, upon (i) payment of just (3) The following names and residences:
compensation and (ii) registration of (a) Of the mortgagor and mortgagee
property (by recording of the judgment in (b) Of all persons having or claiming an
the registry of deeds where the property interest in the property subordinate
is situated.) [Sec. 13] in the right to that of the holder of
the mortgage
H. FORECLOSURE OF REAL ESTATE (4) Description of the mortgaged property
MORTGAGE (5) Amount claimed to be unpaid
Defendants in a judicial foreclosure:

H.1. NATURE
(1) Persons obliged to pay the mortgage
Foreclosure of Mortgage is a proceeding by
debt
which the mortgagee or his successors or one
(2) Persons who own, occupy, or control the
who has by law succeeded to the rights and
mortgaged premises or any part thereof
liabilities of the mortgagee undertakes to
(3) Transferee or grantee of the property
dispose of, to ban, to cut-off the legal and
(4) Second mortgagee or junior
equitable claims of lien holders or of the
encumbrancers or any person claiming a
mortgagors or those who have succeeded to
right or interest in the property
the rights and liabilities of the mortgagor.
subordinate to the mortgage sought to
be foreclosed to foreclose their equity of
The cause of action in a foreclosure suit is
redemption
generally the non-payment of the mortgage
But if the action is by the junior
loan, but it may be on other grounds which
encumbrancer, first mortgagee MAY also
under the contract warrant the foreclosure,
be joined as defendant
such as the violation of the other conditions
(5) Mortgagor even if not owner of the
therein.
mortgaged property should be included
(to satisfy the deficiency).
Foreclosure may be made:
(1) Judicially: governed by Rule 68
(2) Extrajudicially: proper only when so
H.3. JUDGMENT ON FORECLOSURE
provided in contracts in accordance with FOR PAYMENT OR SALE [RULE 68, SEC.
Act. No. 3135; governed by A.M. No. 99- 2]
10-05.
Judgment on Foreclosure is the judgment of
H.2. COMPLAINT IN AN ACTION FOR the court ordering the debtor to pay within
FORECLOSURE [RULE 68, SEC. 1] 90-120 days from entry of judgment after
ascertaining the amount due to plaintiff.
Venue: A foreclosure action must be brought
in the RTC of the province where the land or Contents of judgment: If upon trial, the facts
any part thereof is situated. set forth in the complaint are true, the court
shall:
Contents of the Complaint: (1) Ascertain the amount due to the plaintiff
(1) The following dates: upon the mortgage debt or obligation
188
including interests, other charges operate to divest the rights in the property of
approved, and costs; all the parties to the action and to vest their
(2) Render judgment for the sum so found rights in the purchaser, subject to such rights
due; of redemption as may be allowed by law.
(3) Order that the amount be paid to the [Sec. 3]
court or to judgment obligee within a Confirmation of the sale of mortgaged
period of not less than 90 days but not real property vests title in the purchaser
more than 120 days from entry of including the equity of redemption. It
judgment retroacts to the date of the sale. It cuts
In default of such payment, property off all the rights or interests of the
shall be sold at public auction to satisfy mortgagor and of the mortgagee.
judgment [Lozame v. Amores (1985)].
The motion for the confirmation of the
Multiple appeals: Multiple appeals are sale requires a hearing to grant an
allowed under Rule 68. opportunity to the mortgagor to show
(1) Judgment of foreclosure is appealable. cause why the sale should not be
(2) Order confirming foreclosure sale is a confirmed [Tiglao v. Botones (1951)] (e.g.
final disposition with respect to the issue by proof of irregularities therein, gross
of validity and regularity of the sale. inadequacy of the price, lack of notice
(3) Deficiency judgment is a disposition on vitiates the confirmation of the sale).
the merits of the correctness of such [REGALADO]
award. [REGALADO]
Writ of Possession: Upon the finality of the
H.4. SALE OF MORTGAGED PROPERTY; order of confirmation or upon the expiration
EFFECT [RULE 68, SEC. 3] of the period of redemption when allowed by
law, the purchaser at the auction sale or last
When proper: When Defendant fails to pay redemptioner, if any, shall be entitled to the
the amount of judgment within the period possession of the property.
specified, the court shall order the property
to be sold. Exception: Third party is actually holding the
same adversely to the judgment obligor.
How: By motion and under the provisions of
Rule 39. H.5. DISPOSITION OF PROCEEDS OF
It is the ministerial duty of the court to SALE
order the foreclosure of the property
when the debt is not paid within the (1) Amount realized from the foreclosure
period specified. sale, less costs of the sale, shall be paid
A motion for such order of sale is non- to the person foreclosing.
litigable and may be made ex parte. (2) When there is a balance or residue after
[Govt of the Phil. Islands v. De las paying the mortgage debt, the same
Cajigas (1931)] shall be paid to junior encumbrancers in
Limitation: Such sale shall not affect the the order of priority as ascertained by the
rights of persons holding prior court.
encumbrances upon the property or a (3) If there are no junior encumbrancers, the
part thereof. residue goes to the mortgagor or his
authorized agent, or any other person
Order of Confirmation: When confirmed by an entitled to it. [Rule 68, Sec. 4]
order of the court, also upon motion, it shall
189
H.6. DEFICIENCY JUDGMENT; (4) If mortgagor is a third party mortgagor

INSTANCES WHEN COURT CANNOT but not solidarily liable with debtor. [Phil.
RENDER DEFICIENCY JUDGMENT Trust Co. v. Tan Suisa (1929)]
[RULE 68, SEC. 6] (a) No deficiency judgment may be
rendered against owner who is not a
Deficiency Judgment is judgment rendered by mortgagor and has not assumed
the court holding defendant liable for any personal liability for the debt.
unpaid balance due to the mortgagee if the (b) Remedy is ordinary action against
proceeds from the foreclosure sale do not debtor.
satisfy the entire debt. [See sec. 6] (5) In case of a mortgage debt due from the
estate of a deceased mortgagor and the
A motion for deficiency judgment may be mortgage creditor availed of the third
made only after the sale and after it becomes remedy which is to rely upon his
known that a deficiency exists. [Governor of mortgage alone and foreclosing the
the Philippine Islands v. Torralba Vda. de same within the statute of limitations.
Santos (1935)] [Rule 86, sec. 7]
(6) When the deficiency arises under an
N.B. If the debtor dies, the deficiency may be extrajudicial foreclosure. The mortgagee
filed as a claim against his estate. [Rule 86, can recover by action (not by motion) any
Sec. 7] deficiency in the mortgage account which
was not realized in the foreclosure sale.
How Done: [PNB v. CA (1999)]
(1) Judgment creditor files motion for
deficiency judgment. H.7. JUDICIAL FORECLOSURE VS.
(2) Court shall then render judgment against EXTRAJUDICIAL FORECLOSURE
defendant for any such balance for which
he may personally be liable to plaintiff. Extrajudicial
Judicial Foreclosure
(3) Execution may then issue immediately if Foreclosure
balance is all due at the time of rendition Requires court No court intervention
of judgment. intervention necessary
If not, plaintiff shall be entitled to There is only an
Right of redemption
execution at such time as the balance equity of
exists
remaining becomes due. [Sec. 6] redemption
Governed by Rule
Governed by Act 3135
When deficiency judgment cannot be 68
rendered: No Deficiency
There could be a
(1) Under the Recto Law [CIVIL CODE, art. Judgment because
Deficiency
1484, par. 3]. there is no judicial
Judgment.
(2) When mortgagor is a non-resident and is proceeding.
not found in the Philippines. (Rationale: Recovery of
Recovery of deficiency
The proceeding would be procedurally deficiency can be
is through an
infeasible as a deficiency judgment is in done by mere
independent action.
personam, and under this situation, motion.
jurisdiction over the obligor cannot be
had. [RIANO])
(3) When mortgagor dies, mortgagee may
file his claim with the probate court.
[Rule 86, sec. 7]
190
H.8. EQUITY OF REDEMPTION VS. the 90 to 120 day period after entry of
RIGHT OF REDEMPTION judgment or even after the foreclosure sale
but prior to its confirmation
Equity of Redemption is the right of the
defendant mortgagor to extinguish the
mortgage and retain ownership of the
property by paying the secured debt within
Equity Of Redemption Right Of Redemption
Right of the defendant mortgagor to extinguish
the mortgage and retain ownership of the Right of the debtor, his successor in interest, or
property by paying the secured debt within the any judicial creditor of said debtor or any person
90 to 120 day period after entry of judgment or having a lien on the property subsequent to the
even after the foreclosure sale but prior to its mortgage.
confirmation
Period is 90-120 days after entry of judgment
Period is 1 year from date of registration of
or even after foreclosure sale but prior to
certificate of sale
confirmation
Governed by Rule 68 Governed by Rule 39, sec. 29-31
Judicial Foreclosure Extrajudicial Foreclosure

Mortgagor has a right to redeem the property
No right of redemption, only equity of
within one year from registration of the deed of
redemption
sale
Exception:
In case of extrajudicial foreclosure, juridical
Exception: Mortgagor may exercise right of persons shall have the right to redeem until, but
redemption within one year after the sale, when not after, the registration of the certificate of
the loan or credit accommodation is granted by foreclosure sale with the Register of Deeds
a bank. [General Banking Law (2000), sec. 47] which in no case shall be more than 3 months
after foreclosure, whichever is earlier. [General
Banking Law (2000), sec. 47]
N.B. What Rule 68, secs. 2-3 provide for is the mortgagors EQUITY of redemption.
This may be exercised by him even beyond the period to pay the judgment obligation (i.e. 90-
120 days) and even after the foreclosure sale itself, provided it be before the order of the
confirmation of sale. [Rosales v. Alfonso (1999)]
191
I. PARTITION (3) When partition is prohibited by law (e.g.

ACP, party wall); [CIVIL CODE, art. 494]
I.1. NATURE (4) When the property is not subject to a
Partition is the process of dividing and physical division and to do so would
assigning the property owned in common render it unserviceable for the use for
among the various co-owners thereof in which is it intended; [CIVIL CODE, art. 495]
proportion to their respective interests in said or
property. (5) When the condition imposed upon
voluntary heirs before they can demand
Partition may be: partition has not yet been fulfilled. [CIVIL
(1) Judicial Procedure is Rule 69 CODE, art. 1084]
(2) Extrajudicial No court intervention
required I.4. WHO MAY FILE COMPLAINT; WHO
SHOULD BE MADE DEFENDANTS
The partition of property may be made [RULE 69, SEC. 1]
voluntarily (by agreement) or compulsorily
under the Rules. Even if the parties had Who May File: A person having the right to
resorted to judicial partition, they may still compel partition of real estate, or of personal
make an amicable partition of the property. property, or both real and personal property
[Sec. 12] [Sec. 1, Sec. 13]
An action for partition and accounting under Venue and Jurisdiction: An action for partition
Rule 69 is in the nature of an action quasi in should be filed in the RTC of the province
rem. Such an action is essentially for the where the property or part thereof is situated.
purpose of affecting the defendants interest An action for partition is not a conveyance
in a specific property and not to render a of property. [Heirs of Urieta, Sr. v. Heirs of
judgment against him. Urieta (2011)] Because the controversy in
partition is whether or not the plaintiff has a
I.2. WHEN CAN PARTITION BE MADE right to partition, the issue is incapable of
pecuniary estimation. [RIANO]
General Rule: It can be made anytime. The
right to demand partition is imprescriptible. Parties
(Rationale: Prescription does not run against (1) The plaintiff is the person who is
a co-owner.) supposed to be a co-owner of the
property. [RIANO]
Exception: If a co-owner asserts adverse title (2) Defendants are (i) all the co-owners, who
to the property, in which case, period of are indispensable parties, and (ii) all
prescription runs from such time of assertion other persons having an interest in the
of adverse title. [De Castro v. Echarri (1911)] property [Id., citing MORAN]
I.3. WHEN PARTITION CANNOT BE I.5. MATTERS TO ALLEGE IN THE

MADE: COMPLAINT FOR PARTITION
(1) When there is a stipulation against it, not
exceeding 10 years; [CIVIL CODE, art. 494] Contents of the Complaint:
(2) When partition is prohibited by the donor (1) Nature and extent of his title
or testator for a period not exceeding 20 (2) Adequate description of the real estate
years; [CIVIL CODE, arts. 494, 1083] sought to be partitioned
192
(3) Joining of Defendants All other persons I.7. ORDER OF PARTITION AND
interested in the property [Sec. 1] PARTITION BY AGREEMENT
(4) Demand for accounting of the rents, Order of Partition: The court issues an order
profits, and other income from the of partition AFTER the trial and the court
property to which he may be entitled to finds that the plaintiff has a right to partition.
as his share. [Sec. 8] Since these cannot The court orders the partition of the property.
be demanded in another action (because
they are part of the cause of action for The parties may make the partition proper
partition), they are barred if not set up. themselves, by agreement:
[RIANO] (1) After the issuance of the order of
partition, the parties will then be asked if
I.6. TWO STAGES IN EVERY ACTION they agree to make partition of the
FOR PARTITION property among themselves.
First Stage: Determination of the propriety of (2) If they agree, proper instruments of
partition conveyance will be executed to effect the
This involves a determination of whether partition.
the subject property is owned in common (3) After the execution of instruments of
and whether all the co-owners are made conveyance, the court shall confirm the
parties in the case. [See Lacbayan v. partition through a final order.
Samoy] (4) The final order of partition and the
The order may also require an accounting instruments of conveyance shall be
of rents and profits recovered by the registered with the Registry of Deeds
defendant. This order of partition is where the property is situated. [Rule 69,
appealable. [Miranda v. Court of Appeals Sec. 2]
(1976)]
If not appealed, then the parties may I.8. PARTITION BY COMMISSIONERS;
partition the common property in the way APPOINTMENT OF COMMISSIONERS;
they want. If they cannot agree, then the COMMISSIONERS REPORT; COURT
case goes into the second stage. ACTION UPON COMMISSIONERS
However, the order of accounting may in REPORT
the meantime be executed. [De Mesa v.
CA (1994)] When proper: If parties fail to agree on the
manner of partition, commissioners are
Second Stage: Actual partitioning of the appointed to make partition.
subject property
This is also a complete proceeding and How Done: The court appoints not more than
the order or decision is appealable. 3 competent and disinterested
When there was a prior partition, the fact commissioners to make the partition. [Sec. 3]
that the share of each co-heir has not
been technically described and the title Oath of the Commissioners: Before entering
over the whole lot remains uncancelled into their duties, commissioners must first
does not negate such partition. make an oath that they will faithfully perform
There can be no partition again because their duties as commissioners. Such oath is
there is no more common property. to be filed in court. [Sec. 4]
[Noceda v. CA (1999)]
193
Duties of the Commissioners: Hearing on the Report [Sec. 7]

(1) They shall view and examine real estate, (1) When Conducted:
after due notice to parties to attend at (a) Upon expiration of the 10 day period
such view and examination; for filing objections; or
(2) They shall hear the parties as to their (b) Even before expiration but after the
preference in the portion to be set apart interested parties have filed their
to them; objections or their statement of
(3) They shall also determine the agreement therewith
comparative value thereof; and (2) The court may:
(4) They shall set apart the same to the (a) Accept the report and render
parties in lots or parcels as will be most judgment in accordance therewith; or
advantageous and equitable considering (b) Recommit the same to
the improvements, situation, and quality commissioners for further report of
of the parts thereof. facts, for cause shown; or
(c) Set aside the report and appoint new
Assignment of Real Estate to One Party commissioners; or
General Rule: If the commissioners should (d) Accept the report in part and reject in
determine that the real estate cannot be part; and
divided without prejudice to the interests of (e) Make such order and render such
the parties, the court may order that the judgment as shall effectuate a fair
property be assigned to one of the parties and just partition of the real estate,
willing to take the same provided he pays to or of its value, if assigned or sold
the other parties such amounts as the
commissioners deem equitable. I.9. JUDGMENT AND ITS EFFECTS
[RULE 69, SEC. 11]
Exception: if one of the parties asks that the
property be sold instead of being so assigned,
Contents of Judgment Effects of Judgment
then the court shall order the commissioners
to sell the real estate at public sale under If actual partition is properly made
such conditions and within such time as the Judgment shall state
court may determine [Sec. 5] definitely, by metes Judgment shall vest
and bounds and in each party to the
Commissioners Report: Commissioners shall adequate description, action in severalty
make a full accurate report to the court on the particular portion the portion of the
(1) All proceedings as to the partition, or of the real estate real estate assigned
(2) The assignment of real estate to one of assigned to each to him.
the parties, or party.
(3) The sale of the same. If the whole property Is assigned to one of the
parties after payment
Upon filing of Commissioners Report: Judgment shall state Judgment shall vest
(1) Clerk shall serve copies on all interested the fact of such in the party making
parties with notice that they are allowed payment and of the the payment the
to file objections assignment of the whole of the real
(2) Parties may file objections within 10 days real estate to the estate free from any
upon receipt of notice party making the interest on the part
payment. of the other parties.
194
If property is sold and sale is confirmed by J. FORCIBLE ENTRY AND

Judgment shall state Judgment shall vest
the court UNLAWFUL DETAINER
the name of the the real estate in the
purchaser or purchaser(s),
J.1. NATURE
purchasers and a making the
Ejectment cases are summary proceedings
definite description of payment(s) free
intended to provide an expeditious means of
the parcels of real from the claims of
protecting actual possession of property.
estate sold to each any parties to the
[Tubiano v. Razo (2000)]
purchaser action.
A certified copy of the judgment shall in Rationale: The owners of property have no
either case be recorded in the registry of authority to use force and violence to eject
deeds of the place in which the real estate is alleged usurpers who were in prior physical
situated. [Rule 69, Sec. 11] possession of it. They must file the
appropriate action in court and should not
I.10. PARTITION OF PERSONAL take the law in their own hands.
PROPERTY
J.2. DEFINITIONS AND DISTINCTIONS
The provisions of Rule 69 shall apply to [RIANO]
partitions of estates composed of personal
property, or of both real and personal Forcibly Entry Unlaful Detainer
property, in so far as the same may be
(Detentacion) (Desahucio)
applicable. [Sec. 13]
Possession is
Possession of land inceptively lawful
I.11. PRESCRIPTION OF ACTION by defendant is but it becomes
unlawful from the illegal by reason of
The right of action to demand partition does beginning as he the termination of
not prescribe [De Castro v. Echarri (1911)], acquires possession his right to
except where one of the interested parties by force, possession of the
openly and adversely occupies the property intimidation, property under his
without recognizing the co-ownership strategy, threat, or contract (express or
[Cordova v. Cordova (1958)] in which case, stealth (FISTS). implied) with the
acquisitive prescription may set in. plaintiff.
No previous demand
If a co-owner repudiates the co-ownership for defendant to Demand is
and makes known such repudiation to the vacate the premises jurisdictional.
other co-owners, then partition is no longer a is necessary
proper remedy of the aggrieved co-owner. He
Plaintiff must prove
should file an accion reivindicatoria, which is
that he was in prior
prescriptible. [Roque v. IAC (1988)]
physical possession Plaintiff need not
of the premises until have been in prior
he was deprived physical possession.
thereof by
defendant.
The 1-year period is
Period is counted
generally counted
from the date of last
from date of actual
letter of demand.
entry on land.
195
The issue centers on J.3. DISTINGUISHED FROM ACCION

The issue centers on
whether the PUBLICIANA, ACCION
who was in prior
defendants right to REINVINDICATORIA, AND ACCION
possession de facto.
possess has expired INTERDICTAL
or not.
The Three Kinds of Action for Recovery of Possession
Accion Accion Accion

Interdictal Publiciana Reinvindicatoria
Summary action for A plenary action for
recovery of physical recovery of real right of An action for recovery of ownership,
possession where the possession when which necessarily includes the
dispossession has not dispossession has lasted recovery of possession
lasted for more than 1 year for more than one year
Issues is possession de Issue involves

Issue involves ownership (and
facto determination of who has
consequently, possession)
better right to possession
Real action Real action Real action
In personam In personam Quasi in rem
All cases of forcible entry
and unlawful detainer, RTC has jurisdiction if value of the property exceeds P20,000
irrespective of the amount outside Metro Manila or P50,000 within Metro Manila.
of damages or unpaid
rentals sought to be MTC has jurisdiction if value of property does not exceed the above
recovered should be amounts. [B.P. Blg. 129, as amended]
brought to the MTC.
J.4. TO DETERMINE JURISDICTION IN In accion publiciana and accion

ACCION PULICIANA, ACCION reinvindicatoria:
REINVINDICATORIA, AND ACCION (1) RTC has jurisdiction where the assessed
INTERDICTAL value of the property exceeds P20,000 or,
in Metro Manila, P50,000;
In Accion Interdictal: Exclusive original (2) MTC has jurisdiction if the assessed value
jurisdiction over forcible entry and unlawful does not exceed said amounts. [B.P. 129,
detainer suits is with the proper Municipal as amended, secs. 19, 33]
Trial Court. [B.P. Blg. 129 sec. 33(2)]
Amount of rents and damages claimed
J.5. WHO MAY INSTITUTE THE ACTION
does not affect the jurisdiction of the AND WHEN; AGAINST WHOM THE
MTC because they are only incidental or ACTION MAY BE MAINTAINED
accessory to the main action.
However, municipal courts have no Who May Institute Proceedings
jurisdiction over a forcible entry/unlawful (1) In Forcible Entry:
detainer case involving agricultural A person deprived of possession of any
tenants. Jurisdiction is with the HLURB. land or building by force, intimidation,
strategy, threat, or stealth.
(2) In Unlawful Detainer:
196
(a) Lessor, vendor, vendee or other J.6. PLEADINGS ALLOWED

person against whom any land or
building is unlawfully withheld; or ONLY allowed pleadings:
(b) His legal representatives or assigns. (1) Complaint
[Rule 70, sec. 1] (2) Compulsory Counterclaim pleaded in the
answer
Period of Filing: Within ONE (1) year after (3) Cross-claim pleaded in the answer
such unlawful deprivation or withholding of (4) Respective answers. [Rule 70, sec. 4]
possession. [Sec. 1] Reckoning points:
(1) For forcible entry, it is counted from date N.B.
of entry or taking of possession; Pleadings must be VERIFIED. [Rule 70, Sec.
(a) Exception: In case of stealth or 4)]
strategy, from the time plaintiff
learned of entry. [Vda. de Prieto v. What must be alleged in the complaints:
Reyes (1965)]
(2) For unlawful detainer, it is counted from: Forcible Entry Unlawful Detainer
(a) Date of last demand to vacate in case (1) That plaintiff (1) That defendant is
of non-payment of rent or non- was in prior unlawfully
compliance with conditions of the physical withholding
lease; or possession of possession from
(b) Date of notice to quit, in case of tacit the property in plaintiff because
renewal of lease; or litigation until his right to
(c) Date of revocation of the permit in he was deprived possess had
case of occupancy on mere tolerance thereof by expired
or under temporary permit. defendant (2) That landlord has
(2) That the made a demand
Against whom may the action be maintained: dispossession upon tenant to
Person or persons unlawfully withholding or was through comply with the
depriving of possession, or any person/s FISTS. [N.B. terms of the
claiming under them [Sec. 1]. First two contract and to
Action may be maintained only against requirements return the
one in possession at the commencement are jurisdictional possession of the
of the action. (Abad v. property, and that
Tenant with right of [de facto] possession Farrales (2011)] the tenant failed
may bring action against another tenant. (3) That the to satisfy the
Vendor may bring action for ejectment complaint was demand within 15
against vendee upon failure to pay filed within 1 or 5 days, in case
installments. year from of buildings
Action may lie against the very owner of dispossession. (3) That the
the property. complaint is filed
Action may be maintained against within 1 year from
government officials or agents acting in last demand.
behalf of the government, even if [RIANO, citing
government is not made a party to the Romullo v.
action. [REGALADO] Samahang
Magkakapitbahay
(2010)]
197
J.7. ACTION ON COMPLAINT

Contents of demand: The demand must be
Motu Proprio dismissal: From the two-fold:
examination of allegations in the complaint, (1) To (a) pay or (b) comply with the
the court may dismiss the case outright on conditions of the lease; and
any grounds mentioned in Rule 16. [Sec. 5] (2) To vacate.
Issuance of summons: If there is no ground Form of Demand: Demand may be

for dismissal, court issues summons. [Sec. 5] (1) By service of written notice of such
demand upon the person found on the
Answer by defendant: Defendant shall file his premises; [Sec. 2]
answer within 10 days from service of (2) By posting of the written notice on the
summons. [Sec. 6] premises if no person is found there; [Sec.
2] or
Effect of Failure to Answer: Court shall render (3) Oral. [Jakihaca v. Aquino (1990)]
judgment, motu proprio or upon motion. [Sec.
7] Period to comply with demand: Lessor may
(1) Judgment is limited to what is prayed for file unlawful detainer suit if lessee fails to
in the complaint. comply with the demand:
(2) Court may reduce the amount of (1) After 15 days in the case of lands; or
damages and attorneys fees claimed (2) After 5 days in case of buildings. [Sec. 2]
(a) For being excessive or otherwise
unconscionable When demand not required:
(b) In the exercise of its discretion (1) When parties stipulate that demand
(c) No prejudice to applicability of Sec. shall not be necessary [Sec. 2]; or
3(c), Rule 9 if there are 2 or more (2) When the action is predicated on the
defendants expiration of the lease. [Labastida v. CA
(1998)] (Since it is not based on failure to
Preliminary Conference: Preliminary pay or comply with the conditions [see
conference shall be held not later than 30 Sec. 2].)
days after filing of last answer. [Sec. 8]
N.B.
Submission of Affidavits and Position Papers: It is only where defendant fails to comply
Affidavits and position papers are to be with the demand within the periods
submitted within 10 days from receipt of the provided by Sec. 2 will his possession
Order stating the matters taken in the become unlawful.
preliminary conference. [Sec. 10] A demand to pay or vacate does not give
rise to a cause of action for unlawful
Rendition of Judgment: Court shall render detainer. [Peas v. CA (1994)]
judgment within 30 days after receipt of A person who occupies the land of
affidavits and position papers. [Sec. 11] another at the latter's tolerance or
permission, without any contract
J.8. WHEN DEMAND NECESSARY between them is necessarily bound by an
implied promise that he will vacate upon
General Rule: In unlawful detainer cases, a demand, failing which, an action for
prior written demand against the lessee is unlawful detainer may be instituted
required before the lessor can proceed against him. [Dakudao v. Consolacion
against him. [Sec. 2] (1983)]
198
Demand is not required in forcible entry

suits. J.10. RESOLVING DEFENSE OF
OWNERSHIP
J.9. PRELIMINARY INJUNCTION AND
PRELIMINARY MANDATORY Under B.P. Blg. 129, sec. 33(2), when in an
INJUNCTION ejectment suit, the defendant raises the
question of ownership in his pleadings, and
Court may grant preliminary injunction in the issue of ownership, the MTC nevertheless
accordance with Rule 58 to prevent has undoubted competence to resolve the
defendant from committing further acts of issue of ownership only to determine the
dispossession against plaintiff. [Rule 70, Sec. issue of possession. Hence:
15] (1) Primal rule is that the principal issue
There is no distinction as to the type of must be that of possession.
ejectment case involved. (a) Ownership is merely ancillary.
A preventive injunction is governed by (b) Issue of ownership may be resolved
Rule 58. A mandatory injunction is but only for the purpose of
governed by the rules in Rule 70. determining the issue of possession.
(2) It must sufficiently appear from
Preliminary Mandatory Injunction: allegations of the complaint that what
plaintiff really and primarily seeks is
Possessor may present a motion for
restoration of possession.
issuance of preliminary mandatory
(3) Inferior court cannot adjudicate on the
injunction in the action for forcible
nature of ownership where relationship
entry or unlawful detainer within 5
of lease has been sufficiently established
days from filing of complaint to
(a) Unless it be proven that there has
restore him in his possession. Court
been a subsequent change in or
shall decide the motion within 30
termination of that relationship
days from filing.
between parties.
Preliminary mandatory injunction
(4) In forcible entry, a party who can prove
shall be available:
prior possession can recover such
(1) At the start of the action; [Sec.
possession even against the owner
15]
himself.
(2) On appeal to the RTC upon
(a) Hence, if prior possession may be
motion of plaintiff within 10 days
ascertained in some other way, the
from perfection of appeal. [Sec.
inferior court cannot intrude into the
20]
issue of ownership.
(5) Where the question of who has prior
N.B. The injunction on appeal is to
possession hinges on the issue of who is
restore to plaintiff in possession:
the real owner:
(1) If the court is satisfied that the
(a) The inferior court may resolve issue
defendants appeal is frivolous or
of ownership, but such
dilatory; or
pronouncement is merely provisional.
(2) That the appeal of plaintiff is
(b) It does not bar or prejudice an action
prima facie meritorious. [Sec. 20]
between the same parties involving
title. [Refugia v. CA]
Preliminary Preventive Injunction
Preliminary preventive injunction is available
in either case. Note that Sec. 15 makes the
provisions of Rule 58 applicable to Rule 70.
199
J.11. HOW TO STAY IMMEDIATE Prohibited pleadings: [Sec. 13]

EXECUTION OF JUDGMENT [RULE 70, (1) Petition for relief from judgment
SEC. 19] (2) Petition for certiorari, mandamus, or
prohibition against any interlocutory
Judgment of the MTC: order issued by the court;
General rule: Judgment of the MTC against (3) Reply;
defendant in ejectment cases is immediately (4) Third-party complaints;
executory.
Prohibited motions: [Sec. 13]
Exception: When the following concur: (1) Motion to dismiss; only to exceptions:
(1) The defendant perfects his appeal; (a) Lack of jurisdiction over subject
(2) He files a sufficient supersedeas bond to matter; or
pay the rents, damages, and costs (b) Failure to comply with conciliation,
accruing down to the time judgment when such is required;
appealed from; and (2) Motion for bill of particulars;
(3) He deposits with the appellate court: (3) Motion for new trial, reconsideration of a
(a) The amount of rent due from time to judgment, or reopening of trial;
time under the contract, or (4) Motion for extension of time to file
(b) In the absence of contract, the pleadings, affidavits, or other paper;
reasonable value of the use and (5) Memoranda;
occupation of premises for the (6) Motion to declare defendant in default;
preceding month or period (7) Dilatory motions for postponement;
determined by judgment on or before (8) Interventions.
the 10th day of each succeeding
month or period [Chua v. CA (1998)] K. CONTEMPT
Judgment of the RTC: K.1. NATURE

The judgment of the Regional Trial Court Contempt of court is disobedience to the
against the defendant shall be immediately court by acting in opposition to its authority,
executory, without prejudice to a further justice, and dignity. It signifies not only a
appeal that may be taken therefrom. [Rule willful disregard or disobedience to the
70, Sec. 21] courts orders but also conduct tending to
bring the authority of the court and
J.12. SUMMARY PROCEDURE, administration of law into disrepute, or, in
PROHIBITED PLEADINGS some manner, to impede the due
administration of justice.
General Rule: All actions for forcible entry
and unlawful detainer shall be governed by The power to declare person in contempt of
the summary procedure of Rule 70, court and in dealing with him accordingly is
irrespective of the amount of damages or an inherent power of the court. It is used as a
unpaid rentals sought to be recovered. [Sec. means to protect and preserve the dignity of
3] the court, the solemnity of the proceedings,
and administration of justice. [See
Exceptions: Montenegro v. Montenegro (2004)]
(1) In cases covered by the agricultural
tenancy laws; or
(2) When the law otherwise expressly
provides. [Sec. 3]
200
K.2. KINDS OF CONTEMPT; PURPOSE court and justice. [Lorenzo Shipping Corp.
AND NATURE OF EACH v. Distribution Management Assoc. of the
Phils. (2011)]
According to Nature
(1) Criminal contempt: Conduct directed Direct Contempt Indirect Contempt
against the authority and dignity of the Committed in the Not committed
court or a judge acting judicially. presence of or so within the presence
(2) Civil contempt: Failure to do something near a court of the court
ordered to be done by a court or by a There is charge and
Summary in nature
judge for the benefit of the opposing hearing
party. [Burgos v. Macapagal-Arroyo Punishment:
Punishment:
(2011)] If committed against
If committed against
RTC: Fine not
the RTC: Fine of not
Criminal Contempt Civil Contempt exceeding P30,000
exceeding P2,000
Punitive in nature Remedial in nature and/or
and/or
Purpose is to provide imprisonment not
imprisonment not
Purpose is to a remedy for an exceeding 6 months
exceeding 10 days
preserve the courts injured suitor and to If committed against
If committed against
authority and to coerce compliance MTC: Fine not
the MTC: Fine not
punish for with an order; for the exceeding P5,000
exceeding P200 and
disobedience of its preservation of the and/or
or imprisonment not
orders rights of private imprisonment not
exceeding 1 day
persons exceeding 1 month
Intent is not Remedy is certiorari
Intent is necessary Remedy is appeal
necessary or prohibition
Instituted by the Otherwise known as Otherwise known as
aggrieved party, or Contempt in Facie Constructive
his successor, or Curiae Contempt
State is the real
someone who has a
prosecutor
pecuniary interest in Contempt, whether direct or indirect, may be
the right to be civil or criminal depending on the nature and
protected effect of contemptuous act.
Proof required is Proof required is
proof beyond more than mere The real character of the proceedings in
reasonable doubt preponderance contempt cases is to be determined by the
If accused is If judgment is for relief sought or by the dominant
acquitted, there can respondent, there purpose. The proceedings are to be regarded
be no appeal can be appeal as criminal when the purpose is primarily
punishment, and civil when the purpose is
According to Manner of Commission primarily compensatory or remedial.
(1) Direct contempt: Act committed in the [Montenegro v. Montenegro (2004)]
presence of or so near the court or judge
as to obstruct or interrupt the K.3. DIRECT CONTEMPT
proceedings before the same.
(2) Indirect contempt: One not committed in For a person to be adjudged guilty of direct
the presence of the court. It is an act contempt, he must commit a misbehavior in
done at a distance which tends to belittle, the presence of or so near a judge as to
degrade, obstruct, or embarrass the
201
interrupt the administration of justice. [SBMA (a) He files a bond fixed by the court
v. Rodriguez (2010)] which rendered judgment; and
(b) Conditioned that he will abide by and
Grounds for Direct Contempt perform the judgment should the
(1) Disrespect toward the court; petition be decided against him.
(2) Offensive personalities toward others;
(3) Refusal to be sworn or answer as witness K.4. INDIRECT CONTEMPT
or subscribe an affidavit when lawfully
required to do so; Specific acts constituting indirect contempt:
(4) Misbehavior in the presence of or so near (1) Misbehavior of an officer of a court in the
a court as to obstruct or interrupt the performance of his official duties or in his
proceedings; [Rule 71, Sec. 1] or official transactions.
(5) When the counsel willfully and (2) Abuse of or any unlawful interference
deliberately engages in forum shopping. with processes or proceedings of a court
[Rule 7, sec. 5] not constituting direct contempt.
(3) Disobedience or resistance to lawful writ,
Procedure: Summarily adjudged in contempt process, order, or judgment of a court, or
by such court. any unlawful intrusion to any real
property after being ejected.
By whom initiated: (4) Failure to obey subpoena duly served.
(1) Generally, civil contempt proceedings (5) Assuming to be an attorney or officer of a
should be instituted by an aggrieved court, and acting as such without
party, or his successor, or someone who authority.
has pecuniary interest in the right to be (6) Improper conduct tending to impede,
protected; obstruct, or degrade administration of
(2) In criminal contempt proceedings, it is justice.
generally held that the State is the real (7) Rescue, or attempted rescue, of a person
prosecutor. or property in custody of an officer. [Rule
71, Sec. 3]
Penalties [Rule 71, sec. 1]: (8) Failure of counsel to inform the court of
the death of his client. [RIANO, since it
Offense Penalty constitutes improper conduct tending to
Fine not exceeding impede the administration of justice.]
If RTC or a court of
P2,000 and/or
equivalent or higher
Imprisonment not Procedural requisites for indirect contempt
rank
exceeding 10 days proceedings:
Fine not exceeding (1) A charge in writing or an order of the
P200 and/or court to appear and explain; and
If lower court:
Imprisonment not (2) An opportunity for respondent to
exceeding 1 day comment on the charge and to appear
and explain his conduct.
Remedy of a person adjudged in direct
contempt [Rule 71, Sec. 2] Two modes of commencing a proceeding for
(1) He cannot appeal, but he may file indirect contempt
certiorari or prohibition. (1) Motu proprio by the court against which
(2) Execution of judgment shall be contempt was committed: By order or
suspended pending resolution of such any other formal charge requiring
petition, provided: respondent to show why he should not be
punished for contempt; or
202
(2) Independent action via verified petition in equivalent to the lost

all other cases: By a charge commenced thing [Rosario Textile
by a verified petition with supporting Mills v. CA]
particulars. [Rule 70, Sec. 4] Penalty shall depend
If committed
upon the provisions of
against a person
Where Charge is to be Filed the law which authorizes
or entity
General rule: Proceeding for Indirect penalty for contempt
exercising quasi-
Contempt shall be filed and tried by the court against such persons or
judicial functions
against which the contumacious conduct was entities
committed.
Remedy of a person adjudged in indirect
Exceptions: contempt: May be appealed to the proper
(1) If committed against a lower court, it court as in criminal cases, but execution shall
may be tried by the RTC, regardless of not be suspended until bond is filed. [Rule 71,
the imposable penalty; or Sec. 11]
(2) If committed against the SC, it may cause
it to be investigated by the prosecutor K.5. WHEN IMPRISONMENT SHALL BE
and filed with the RTC, or for hearing and IMPOSED
recommendation where the charge
involves questions of fact [Rule 70, Sec. When the contempt consists in the refusal or
5] omission to do an act which is yet in the
power of the respondent to perform, he may
be imprisoned by order of the court
Penalties for indirect contempt [Rule 71, Sec. concerned until he performs it. [Rule 71, Sec.
7] 8]
Offense Penalty The respondent carried the keys to his

If against RTC, or Fine not exceeding prison in his own pocket. [Galvez v. Republic
court of P30,000 and/or Surety & Insurance Co., Inc. (1959)]
equivalent or Imprisonment not
higher rank exceeding 6 months Only the judge who ordered the confinement
Fine not exceeding P500, of the person for contempt of court can issue
If committed
and/or the Order of Release. [Inoturan v Limsiaco, Jr.
against lower
Imprisonment not (2005)]
court
exceeding 1 month
Offender may also be Rule 71, Sec. 8 does not apply to tenants who
ordered to make refused or failed to pay their rentals to the
complete restitution to special administratrix of the property. The
the party injured by such non-payment of rentals, which is a civil debt,
If contempt
violation of the property is covered by the constitutional guarantee
consists in
involved or such amount against imprisonment. [REGALADO]
violation of a writ
as may be alleged and
of injunction,
proved. K.6. CONTEMPT AGAINST QUASI-
TRO, or status
quo order JUDICIAL BODIES [RULE 71, SEC. 12]
If there is nothing more
to return, offender is Rule 71 shall apply to contempt committed
personally liable for the against persons, entities, bodies, or agencies
restitution of the money exercising quasi-judicial functions or have
203
suppletory effect to such rules as they may

have adopted.
RTC of the place where the contempt was

committed shall have jurisdiction.
It is not within the jurisdiction and

competence of quasi-judicial bodies to
decide indirect contempt cases. The
requirement for a verified petition must also
be complied with (e.g. DARAB has no power
to decide the contempt charge filed before it).
[Land Bank v. Listana (2003)]
Rule 71, Sec. 12 confers contempt powers on

all Quasi-Judicial entities or supplements
their rules, unless the applicable law
provides otherwise.
Acts or violations against quasi-judicial

bodies punishable as contempt: Where a
person, without lawful excuse, fails to appear,
make oath, give testimony or produce
documents when required to do so by the
official or body exercising such powers. Other
acts or violations cannot be punished as
contempt unless specifically defined in the
governing law as contempt of court or if it
authorizes the quasi-judicial body to punish
for contempt, and providing the
corresponding penalty. [People v. Mendoza
(1953); ADMIN. CODE, Bk. VII, Ch. 3, sec. 13]
204
THE SPECIAL CIVIL ACTIONS
JURISDICTION VENUE
Personal Property:
1. MTC: If value not more than P300,000 outside
Metro Manila, or not more than P400,000 in
Metro Manila [B.P. Blg. 129, sec. 33]
2. RTC: If value exceeds P300,000 outside Metro Apply Rule 4:
Manila, or P400,000 in Metro Manila, or if
incapable of pecuniary estimation [B.P. Blg. 129, Real action: If the action affects title to or possession of real property,
sec. 19] venue is where the real property involved or a portion thereof is situated.
INTERPLEADER
Real Property: Personal action: All other actionsAt the election of the plaintiff
1. MTC: assessed value not more than P20,000 1. Where plaintiff or any of the principal plaintiffs reside; or
outside Metro Manila or not more than P50,000 2. Where defendant or any of the principal defendants resides; or
in Metro Manila (Sec. 33, BP 129) 3. In case of an non-resident, where he may be found
2. RTC: value exceeds P20,000 if outside Metro
Manila, or P50,000 if in Metro Manila, or
incapable of pecuniary estimation (Sec. 19,
BP129)
General rule: In the appropriate RTC, since the subject in
declaratory relief is incapable of pecuniary estimation.
DECLARATORY Exception: Where the action is a proceeding similar to
Apply Rule 4, i.e. personal action.
RELIEF declaratory relief (e.g. quieting of title to real property),
jurisdiction will depend on the assessed value of the
property, supra.
REVIEW OF
JUDGMENTS
AND FINAL SC SC
ORDERS OF
COMELEC/COA
205
RTC, CA, SC;
CERTIORARI Sandiganbayan, in aid of its appellate jurisdiction;
RTC where the respondent is situated, where petition relates to an act or
PROHIBITION COMELEC, in election cases involving an act or omission of a corporation, board, an officer, or person. [Rule 65, Sec. 4]
MANDAMUS omission by MTC or RTC, in aid of its appellate
jurisdiction.
RTC, CA, SC
Sandiganbayan, which has exclusive original
jurisdiction over quo warranto cases filed by the Generally, action can be brought in the SC, CA, or RTC
PCGG exercising jurisdiction over the territorial area where respondent
QUO WARRANTO COMELEC, exclusive jurisdiction over cases falling resides or any of the respondent resides
under the Omnibus Election Code If commenced by the SolGen, it may be filed with the RTC
Special Commercial Courts, for quo warranto Manila, CA, or SC
against duly licensed associations. (CORP. CODE
rules apply, not the RULES OF COURT.)
Apply Rule 4, i.e. where the real property involved, or a portion thereof,
EXPROPRIATION RTC
is situated
JUDICIAL Apply Rule 4, i.e. where the real property involved, or a portion thereof,
RTC
FORECLOSURE is situated
PARTITION RTC Apply Rule 4
FORCIBLE ENTRY
Apply Rule 4, i.e. where the real property involved, or a portion thereof,
AND UNALWFUL MTC
is situated
DETAINER
If committed against RTC or a court of equivalent or higher rank,
or against an officer appointed by it: File with such court
If committed against a first-level court: File with the RTC of the
CONTEMPT MTC, RTC, CA, SC place in which lower court is sitting
If act was committed against persons or entities exercising
quasi-judicial functions: File with the RTC of the place wherein
contempt was committed
206
IX. SPECIAL RULES Rule shall not apply:

(1) To a civil case where plaintiffs cause of
action is pleaded in the same complaint
A. REVISED RULES ON SUMMARY with another cause of action subject to
PROCEDURE ordinary procedure
(2) To a criminal case where offense charged is
necessarily related to another criminal case
A.1. CASES COVERED BY THE RULE (SEC. subject to ordinary procedure
1)
A.2. EFFECT OF FAILURE TO ANSWER
Rule shall govern the summary procedure in the (SEC. 6)
MTC, MTC in Cities, MCTC in the following cases
falling within their jurisdiction: If defendant fail to answer the complaint within
the period provided, court (motu proprio or on
For Civil Cases: motion of plaintiff) shall render judgment
(1) Cases of forcible entry and unlawful
detainer The judgment:
(a) Irrespective of the amount of damages (1) As may be warranted by the facts alleged in
or unpaid rentals sought to be the complaint and
recovered (2) Limited to what is prayed for
(b) Where attorneys fees are awarded, it
shall not exceed P20,000 The court may in its discretion reduce the
amount of damages and attorneys fees claimed
(2) All other civil cases where total amount of for being excessive or unconscionable without
plaintiffs claim does not exceed P100,000 prejudice to the applicability of Sec. 4, Rule 18
or P200,000 in Metropolitan Manila, ROC, if there are 2 or more defendants
exclusive of interest and costs
(a) EXCEPT: probate proceedings A.3. PRELIMINARY CONFERENCE AND
APPEARANCES OF PARTIES (SEC. 7)
For Criminal Cases
(1) Traffic laws, rules, and regulations violation A preliminary conference shall be held not later
(2) Rental law violations than 30 days after the last answer is filed.
(3) Municipal or city ordinance violations
(4) All other criminal cases where penalty Rules on pre-trial in ordinary cases shall be
prescribed by law for offense charged is applicable unless inconsistent with the
imprisonment not exceeding 6 months provisions of this Rule
and/or a fine not exceeding P1,000
(a) Irrespective of other imposable Failure of plaintiff to appear in preliminary
penalties, accessory or otherwise, or of conference
civil liability arising therefrom (1) Cause for dismissal of complaint
(b) In offenses involving damage to (2) Defendant who appears in the absence of
property through criminal negligence, plaintiff shall be entitled to judgment on his
this rule shall govern where imposable counterclaim in accordance with Sec. 6
fine does not exceed P10,000 (3) All cross-claims shall be dismissed
207
If sole defendant shall fail to appear (2) Where one party is a public officer or
(1) Plaintiff entitled to judgment in accordance employee, and the dispute relates to the
with Sec. 6 performance of his official functions;
(2) Rule shall not apply where one of 2 or more (3) Offenses punishable by imprisonment
defendants sued under a common cause of exceeding one (1) year or a fine exceeding
action who had pleaded a common defense Five thousand pesos (P5,000.00);
shall appear at preliminary conference (4) Offenses where there is no private offended
party;
B. KATARUNGANG PAMBARANGAY (5) Where the dispute involves real properties
LAW (PD 1508; RA 7160 AS located in different cities or municipalities
unless the parties thereto agree to submit
AMENDED)
their differences to amicable settlement by
an appropriate lupon;
B.1. SCOPE AND APPLICABILITY OF THE (6) Disputes involving parties who actually
RULE reside in barangays of different cities or
municipalities, except where such barangay
RA 7610 Sec. 399-422, and 515 is applicable. units adjoin each other and the parties
The LGC is now the governing law on thereto agree to submit their differences to
Katarungang Pambarangay. PD 1508 was amicable settlement by an appropriate
expressly repealed lupon;
(7) Such other classes of disputes which the
B.2. CASES COVERED President may determine in the interest of
Justice or upon the recommendation of the
All disputes, civil and criminal in nature, where Secretary of Justice.
parties actually reside in the SAME
CITY/MUNICIPALITY are subjected barangay The court in which non-criminal cases not
conciliation. falling within the authority of the lupon under
this Code are filed may, at any time before trial
B.3. SUBJECT MATTER FOR AMICABLE motu propio refer the case to the lupon
SETTLEMENT (SEC. 408, RA 7160) concerned for amicable settlement.
The lupon of each barangay shall have authority B.5. VENUE [RA 7610, SEC. 409]
to bring together the parties actually residing in
the same city or municipality for amicable Parties Lupon
settlement of all disputes. Between actual
Lupon of said
residents of the same
barangay
B.4. WHEN PARTIES MAY GO DIRECTLY barangay
TO COURT Lupon of the barangay
Between actual where the respondent
In these cases, referral to barangay conciliation residents of different or any of the
is not a condition precedent for filing a case to barangays but within respondents actually
court: same city/municipality resides at the option of
(1) Where one party is the government, or any complainant
subdivision or instrumentality thereof; Involving real property Lupon of barangay
or any interest therein were the real property
208
or the larger portion (1) Purely civil in nature where the claim or
thereof is located relief prayed for by the plaintiff is solely for
Between parties payment or reimbursement of sum of
Lupon of the barangay
arising at the money, and
were the workplace or
workplace or at (2) Civil aspect of criminal action, or reserved
institution is located
institutions of learning upon the filing of the criminal action in
court, pursuant to Rule of 111 of the Revised
B.6. EXECUTION Rules of Criminal Procedure.
The amicable settlement or arbitration award These claims or demands may be;
may be enforced by execution by the lupon (1) For money owned under any of the
within six (6) months from the date of the following;
settlement. After the lapse of such time, the (a) Contract of Lease;
settlement may be enforced by action in the (b) Contract of Loan;
appropriate city or municipal court. [Sec. 417, (c) Contract of Services;
RA 7160] (d) Contract of Sale; or
(e) Contract of Mortgage;
B.7. REPUDIATION
(2) For damages arising from any of the
Any party to the dispute may, within ten (10) following;
days from the date of the settlement, repudiate (a) Fault or negligence;
the same by filing with the lupon chairman a (b) Quasi-contract; or
statement to that effect sworn to before him, (c) Contract;
where the consent is vitiated by fraud, violence,
or intimidation. Such repudiation shall be (3) The enforcement of a barangay amicable
sufficient basis for the issuance of the settlement or an arbitration award involving
certification for filing a complaint as a money claim covered by this Rule
hereinabove provided. [Sec. 418, RA 7160] pursuant to Sec. 417, LGC.
C. RULES OF PROCEDURE FOR

C.2. COMMENCEMENT OF SMALL CLAIMS
SMALL CLAIMS CASES (A.M. NO. 08-
ACTION; RESPONSE [SEC. 5]
8-7-SC)
How commenced: By filing with the court an
C.1. SCOPE AND APPLICABILITY OF THE accomplished and verified STATEMENT OF
RULE CLAIM in duplicate
This Rule shall govern the procedure in actions Attachments to the Statement of Claim:
before the MeTC, MTC in Cities, MTC and MCTC (1) Certification of Non-forum Shopping
for payment of money where the value of the (2) Two (2) duly certified photocopies of the
claim does not exceed P100,000 exclusive of actionable document/s subject of the claim
interest and costs. [Sec. 2] (3) Affidavits of witnesses and other evidence
to support the claim
This Rule is applicable in all actions which are;
[Sec. 4]
209
NOTE: No evidence shall be allowed during the C.3. PROHIBITED PLEADINGS AND
hearing which was not attached to or submitted MOTIONS [SEC. 14]
together with the Claim. UNLESS good cause is
shown for admission of additional evidence. The following pleadings, motions, and petitions
shall not be allowed in the cases covered by this
No formal pleading, other than the Statement Rule:
of Claim, is necessary to initiate a small claims (1) Motion to dismiss the compliant except on
action. the ground of lack of jurisdiction;
(2) Motion for a bill of particulars;
After examination of allegations of the Claim, (3) Motion for new trial, or for reconsideration
the court may dismiss outright the case for any of a judgment, or for reopening of trial;
of the grounds apparent for the dismissal of a (4) Petition for relief from judgment;
civil action. [Sec. 9] (5) Motion for extension of time to file
pleadings, affidavits, or any other paper;
If no ground of dismissal is found, the court (6) Memoranda;
shall issue Summons directing defendant to (7) Petition for certiorari, mandamus, or
submit a verified response. [Sec. 10] prohibition against any interlocutory order
issued by the court;
The defendant shall file with the court and serve (8) Motion to declare the defendant in default;
on the plaintiff a duly accomplished and verified (9) Dilatory motions for postponement;
Response within a non - extendible period of (10) Reply;
ten (10) days from receipt of summons [Sec. 11]. (11) Third-party complaints; and
(12) Interventions.
Attachments:
(1) Certified photocopies of documents C.4. APPEARANCES
(2) Affidavits of witnesses
(3) Evidence in support The parties shall appear at the designated date
of hearing personally or through a
NOTE: No evidence shall be allowed during representative authorized under a Special
hearing which was not attached or submitted Power of Attorney to:
together with the Response. (1) Enter into an amicable settlement,
(2) Submit of Judicial Dispute Resolution (JDR)
Should the defendant fail to file his response and
within the required period, the court by itself (3) Enter into stipulations or admissions of
shall render judgment as may be warranted by facts and of documentary exhibits [Sec. 16]
the facts alleged in the Statement of claim
limited to what is prayed for. The court however, No attorney shall appear in behalf of or
may, in its discretion, reduce the amount of represent a party at the hearing, unless the
damages for being excessive or unconscionable. attorney is the plaintiff or defendant. [Sec. 17]
[Sec. 12]
Failure to appear:
(1) If plaintiff fails to appear it shall be a
cause for dismissal without prejudice.
Defendant present shall be entitled to
judgment on permissive counterclaim.
210
(2) If defendant fails to appear same effect as The decision shall be final and unappealable.
failure to file Response. [Sec. 23]
C.5. HEARING; DUTY OF THE JUDGE D. EFFICIENT USE OF PAPER RULE

(A.M. NO. 11-9-4-SC)
At the beginning of the court session, the judge
shall read aloud a short statement explaining D.1. FORMAT AND STYLE
the nature, purpose and the rule of procedure of All pleadings, motions and similar papers
small claims cases. [Sec. 20] intended for the court and quasi-judicial bodys
consideration and action (court-bound papers)
At the hearing, the judge shall conduct JDR shall:
through mediation, conciliation, early neutral (1) Be written in single space with one-and-a
evaluation, or any other mode of JDR. [Sec. 21] half space between paragraphs,
(2) Use an easily readable font style of the
If JDR fails and the parties agree in writing that partys choice, of 14-size font, and on a 13
the hearing of the case shall be presided over by inch by 8.5- inch white bond paper
the judge who conducted the JDR, the hearing
shall so proceed in an informal and expeditious All decisions, resolutions and orders issued by
manner and terminated within one (1) day. [Sec. courts and quasi-judicial bodies under the
22] administrative supervision of the Supreme
Court shall comply with these requirements.
Absent such agreement Similarly covered are the reports submitted to
(1) In case of a multi-sala court , the case shall, the courts and transcripts of stenographic notes.
on the same day, be transmitted to the
Office of the Clerk of Court for immediate
D.2. MARGINS AND PRINTS
referral by the Executive Judge to the
The parties shall maintain the following
pairing judge for hearing and decision
margins on all court-bound papers:
within five (5) working days from referral;
(1) Left hand margin of 1.5 inches from the
and
edge;
(2) In case of single sala court, the pairing
(2) Upper margin of 1.2 inches from the edge;
judge shall hear and decide the case in the
(3) Right hand margin of 1.0 inch from the
court of origin within five (5) working days
edge;
from referral by the JDR judge.
(4) Lower margin of 1.0 inch from the edge.
Every page must be consecutively numbered.

C.6. FINALITY OF JUDGMENT
D.3. COPIES TO BE FILED
After the hearing, the court shall render its
Unless otherwise directed by the court, the
decision on the same day, based on the facts
number of court- bound papers that a party is
established by the evidence.
required or desires to file shall be as follows:
The decision shall immediately be entered by
In the Supreme Court,
the Clerk of Court in the court docket for civil
(1) One original (properly marked) and 4 copies
cases and a copy thereof forthwith served on the
parties.
211
(2) Two sets of annexes, one attached to the In other courts,

original and an extra copy (1) One original (properly marked)
(2) With the stated annexes attached to it.
If the case is referred to the Court En Banc:
(1) Parties shall file 10 additional copies. D.4. ANNEXES SERVED ON ADVERSE
(2) For the En Banc, the parties need to submit PARTY
only 2 sets of annexes, one attached to the
original and an extra copy. A party required by the rules to serve a copy of
his court-bound on the adverse party need not
All members of the Court shall share the extra enclose copies of those annexes that based on
copies of annexes in the interest of economy of the record of the court such party already has in
paper. his possession.
In the Court of Appeals and the Sandiganbayan, In the event a party requests a set of the
(1) One original (properly marked) and annexes actually filed with the court, the part
(2) Two copies with their annexes; who filed the paper shall comply with the
request within five days from receipt.
In the Court of Tax Appeals,
(1) One original (properly marked) and D.5. APPLICABILITY
(2) 2 copies with annexes
This Rule applies to all courts and quasi-judicial
On appeal to the En Banc: bodies under the administrative supervision of
(1) One Original (properly marked) the Supreme Court.
(2) 8 copies with annexes; and
212

Viii. Special Civil Actions: A. in General

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Viii. Special Civil Actions: A. in General

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UP LAW BOC CIVIL PROCEDURE REMEDIAL LAW

VIII. SPECIAL CIVIL Initiated by complaint

The Special Civil Actions (SCA) under the Rules

Application of hierarchy of courts INTERPLEADER v. INTERVENTION

CHARACTERISTICS WHERE TO FILE

C.5 Conversion To Ordinary Action D. REVIEW OF JUDGMENTS AND

o Interruption of the 30-day period: Filing of D.2 DISTINCTION IN THE APPLICATION

CERTIORARI PROHIBITION MANDAMUS

E.1.1 CERTIORARI AS A MODE OF APPEAL AND AS A SPECIAL CIVIL ACTION

CERTIORARI AS A MODE OF APPEAL

E.1.2 PROHIBITION AND MANDAMUS, DISTINGUISHED FROM INJUNCTION

E.2 REQUISITES (3) There is no other plain, speedy, and

E.5 EXCEPTIONS TO FILING MOTION E.6 RELIEFS PETITIONER IS ENTITLED

PRAYERS (a) Certified true copy of the judgment,

usurped or F.4. WHEN GOVERNMENT MAY

adversely against a dismissed government petitioners right to the office in question

Reduction of Period: The court may reduce G.1. NATURE

Exception: In lieu of money, court

Republic Act No. 8974 (2000): Applicable Special Laws:

Effects of the Order: Market Value: Sum of money which a person

Report by Commissioners [Rule 67, Sec. 7] Rights: Either:

Defendants in a judicial foreclosure:

H.6. DEFICIENCY JUDGMENT; (4) If mortgagor is a third party mortgagor

Judicial Foreclosure Extrajudicial Foreclosure

I. PARTITION (3) When partition is prohibited by law (e.g.

I.3. WHEN PARTITION CANNOT BE I.5. MATTERS TO ALLEGE IN THE

Duties of the Commissioners: Hearing on the Report [Sec. 7]

If property is sold and sale is confirmed by J. FORCIBLE ENTRY AND

The issue centers on J.3. DISTINGUISHED FROM ACCION

The Three Kinds of Action for Recovery of Possession

Accion Accion Accion

Issues is possession de Issue involves

J.4. TO DETERMINE JURISDICTION IN In accion publiciana and accion

(a) Lessor, vendor, vendee or other J.6. PLEADINGS ALLOWED

J.7. ACTION ON COMPLAINT

Issuance of summons: If there is no ground Form of Demand: Demand may be

Demand is not required in forcible entry

J.11. HOW TO STAY IMMEDIATE Prohibited pleadings: [Sec. 13]

Judgment of the RTC: K.1. NATURE

(2) Independent action via verified petition in equivalent to the lost

Offense Penalty The respondent carried the keys to his

suppletory effect to such rules as they may

RTC of the place where the contempt was

It is not within the jurisdiction and

Rule 71, Sec. 12 confers contempt powers on

Acts or violations against quasi-judicial

IX. SPECIAL RULES Rule shall not apply:

C. RULES OF PROCEDURE FOR

C.5. HEARING; DUTY OF THE JUDGE D. EFFICIENT USE OF PAPER RULE

Every page must be consecutively numbered.

(2) Two sets of annexes, one attached to the In other courts,

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