NON-REFERRAL OF THE CASE WITH THE BARANGAY

Remedy: Defendant may file a Motion to Dismiss the case on the ground of:

1. Prematurity;
2. Failure to state a cause of action under Sec. 1, par. (g) Rule 16; 3. Failure to
comply with the condition precedent Sec. 1, par. (j) Rule 16.

AMICABLE SETTLEMENT/ COMPROMISE AGREEMENT/ NON-COMPLIANCE

Plaintiff: Execution of the amicable settlement within 6 months after date of
settlement under Sec. 417 of R.A. 7160.

Defendant: Repudiation of the settlement within 10 days from the date of

settlement by Sworn Statement on the ground that the consent was vitiated by fraud,
violence, or intimidation under Sec. 418 of R.A 7160.

Annulment of Compromise Agreement.

Issuance of Certificate to file Action.

In case the monetary claim does not exceed P 100,000.00, file a Complaint for
Small Claims with the MTC/ MCTC.

Defendant: Motion to Dismiss on the ground of:

1. Litis Pendetia under Rule 16, Sec. 1 (e); or

2. Res Judicata under Rule 16, Sec. 1 (f).

Plaintiff: Appeal the Order granting the Motion to Dismiss since it is a final order.

Sec. 5: SEVERAL CAUSES OF

Remedies: If there are several causes of actions between the same parties:

1. Joinder of Causes of Action;

2. File a separate actions on other causes of action not joined without prejudice
on the Joint trial or Consolidation of Action under Sec. 1, Rule 31; or
3. File a Motion to Amend the pleadings joining the non-joined cause of
action.

Sec. 6: MISJOINDER OF CAUSES OF

Remedy: Motion to Severe and to Try the case separately.

JAY-R Nestea
 Defendant: If the case is not brought in the name or against the real party in
interest a Motion to Dismiss may be filed on the ground that the complaint states no
cause of action under Sec. 1 (g), Rule 16.

Plaintiff: Re-file the case, because the dismissal is without prejudice.

Sec. 10: UNWILLING CO-

Remedy: Make the unwilling plaintiff as:

1. One of the defendants; or

2. Implead the said unwilling co-plaintiff.

Sec. 11: MISJOINDER OR NON-JOINDER OF PARTIES Not a

ground for the dismissal of the action.

Remedies:

1. Motion to Implead or Strike out as party defendant;

2. In case of misjoinder, a separate action can be filed against the party misjoined.

Sec. 16: DEATH OF PARTY

Remedy: Motion for Substitution of parties.

Sec. 20: DEATH OF PARTY ON A CONTRACTUAL MONEY CLAIMS

Remedy: Before entry of judgment, action shall continue and decision shall be
enforced against the estate of the deceased under Rule 36.

Sec. 21: PAUPER LITIGANT

Applicant: Motion to Prosecute as Pauper Litigant.

Adverse Party: File an Opposition to the Motion, contesting the grant of such
authority by showing that the Plaintiff has means of livelihood or properties.
RULE 4: VENUE OF ACTIONS

Defendant: Motion to Dismiss on the ground that the venue is improperly laid
under Sec. 1 (c) Rule 16.

Plaintiff: Re-file the case.

RULE 7: PARTS OF PLEADINGS

Sec. 3: UNSIGNED PLEADINGS
Remedies: The Court may allow the parties to:

1. Correct the deficiency; and

2. Sign the pleadings.
appropriate disciplinary action.

Sec. 4: VERIFICATION
Remedies: Pleadings may be:

1. Amended; or
2. The Court may order that the pleading be verified at its own
discretion.

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 Opposing Party: In case the pleading is unverified contrary to the requirement of
the rules, the adverse party may move to Strike out the pleading from the record of the
case under Rule 8 Sec. 12.

Sec. 5: VIOLATION OF FORUM

Defendant: File a Motion to Dismiss for failure to comply with the rules on forum
shopping or condition precedent under Sec. 1 (j), Rule 16 in relation to Sec. 5, Rule 7.

Claiming Party: In case of dismissal, the party may Re-file the case, because
the dismissal is without prejudice UNLESS it is gross & deliberate violation, the dismissal
is with prejudice.

Remedy: Denial under oath & set forth what he claims to be the facts UNLESS he
is:

1. Not a party to the document;

2. Refused compliance with the Order of dismissal.

Otherwise, its genuineness & due execution is deemed admitted and judgment on
the pleadings may be availed of.

Sec. 10: MATERIAL ALLEGATIONS IN THE COMPLAINT

Defendant: Specific denial + substance of his denial, E XCEPT amount of
unliquidated damages.

No specific denial, otherwise it is an admission.

Plaintiff: Motion for Judgment on the pleading under Rule 34.

Plaintiff: In case defendant failed to file his Answer, Motion to Declare

Defendant in Default with proof of service & Notice of Hearing.

Defendant:

ORDER OF DEFAULT
1. Motion to Lift Order of Default under oath on the ground of FAME with
Affidavit of Merit in accordance with Sec. 3, Rule 9;
2. In case it is denied, file a Motion for Reconsideration;
3. If denied, file a Petition for Certiorari under Rule 65, the Order being
interlocutory (Sec. 1 (b), Rule 41);
4. If denied, file a Petition for Review on Certiorari under Rule 45, on the
ground of grave abuse of discretion amounting to lack or excess of
jurisdiction o Within 60 days from Notice of the Order or Notice of the denial
of the MR.

- or –

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 1. File a Motion to Admit Answer, together with the attached Answer
before the rendition of the Judgment by Default.

- or -

2. Petition for Relief from the final Order of Default on the ground of
FAME with Affidavit of Merit.
o Within 60 days after learning the final order & not more than 6
months after entry of the final Order.

JUDGMENT BY DEFAULT
1. File a Motion to Set Aside Judgment by Default, on the ground of
FAME with Affidavit of Merit;
2. In case of denial, file a Motion for Reconsideration;
3. If denied, file a Petition for Certiorari under Rule 65, if there was grave
abuse of discretion or if it is a more speedy & adequate remedy on the
ground of nullity of the Order and Judgment; or
4. File an Appeal, if available as remedy.

RULE 10: AMENDMENT OF PLEADINGS

Sec. 2: AMENDMENT AS A MATTER OF RIGHT

Plaintiff:

1. Motion to Amend Pleading, once as a matter of right, with attached

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

Defendant:

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

o Within 15 days after service of the Amended Pleading.

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 2. File his Comment/ Opposition to the Motion to Amend Pleading. o
Within 5 days from service of the Motion to Amend Pleading.

Sec. 3: AMENDMENT WITH LEAVE OF COURT

Plaintiff: After service of responsive pleading:

1. Motion for Leave of Court to Amend Pleading

with the attached Amended Pleading;
2. In case of denial, file a Petition for Certiorari under
Rule 65, since amendment after the filing of
responsive pleading is discretionary on the part of
the court.
o Within 60 days from Notice of the Order.

of jurisdiction.

Defendant:

1. File an Answer to the Amended

Pleading/Complaint; or o Within 10 days from
Notice of the Order admitting the Amended
Pleading.
2. File his Comment/Opposition to the Motion to
Amend Pleading.
o Within 5 days from service of the Motion.

Sec. 5: AMENDMENT TO CONFORM TO

Remedy: Motion to Amend Pleading to Conform to Evidence issues not raised
in the pleading were tried with the consent of the parties.

implied or express.

Sec. 6: SUPPLEMENTAL
Remedy: Motion to File Supplemental Pleading, if there is a need to supplement
the original complaint/pleading.

RULE 11: WHEN TO FILE RESPONSIVE

Sec. 4: ANSWER TO COMPLAINT, COUNTERCLAIM OR CROSS

Defendant: Upon receipt of the Summons with attached Complaint & annexes, or
the counter-claim or cross claim, defending party shall file his Answer within the
reglementary period provide by the rules (15, 30, 60, or 10 days as the case may be).

Plaintiff: In case of failure to file an Answer to the Complaint, Permissive

counterclaim or cross claim:

1. File a Motion to Declare the Defending Party in Default; and

2. Ask Judgment granting such relief as may be warranted in the pleading.

Defendant: Ambiguity in the allegations in the pleading, Motion for Bill of

Particulars.

Page 5
 Plaintiff: In case of ambiguity in the pleadings, Plaintiff may amend his
Complaint/Pleading (Rule 10).

Sec. 4: NON-COMPLIANCE WITH THE ORDER OF

Remedy: Move for the Striking out of the Pleadings or portion thereof. Sec. 5:
DENIAL OF THE MOTION FOR BILL OF

Remedy: The moving party may file his responsive pleading/ Answer. within the
remaining period, but not less than 5 days (Sec. 5, Rule 5).

RULE 13: SERVICE OF PLEADINGS

Sec. 14: NOTICE OF LIS PENDENS/ ADVERSE

Remedies: Action affecting title or right of possession of real property:

1. File an Affidavit of Adverse Claim & Notice of Lis Pendens before the
Register of Deeds where the property is located;
2. Petition to Cancel Notice of Lis Pendens/ Adverse Claim;
3. In case of denial, aggrieved party may file an Appeal to the Land Registration
Authority en consulta.

Remedy: If the defendant refuses to receive or sign the summons, by tendering it

to him.

Sec. 7: SUBSTITUTED SERVICE

Remedy: If the summons cannot be served personally for justifiable reason,
Plaintiff may file a Motion to Serve Summons by Substituted Service.

Sec. 11: SERVICE UPON DOMESTIC PRIVATE JURIDICAL

ON THE PART OF THE PLAINTIFF

Summons shall be served to the:

1. President;
2. Managing Partner;
3. General manager;
4. Corporate Secretary;
5. Treasurer; or
6. In-house counsel.
In case of non-compliance, Plaintiff may move for the issuance & service of
an alias summons; o Within 5 days from failure of service, on the ground of
failure of service.
In case the summons cannot be served on the officers of the corporation,
Plaintiff may Amend his Complaint & apply for a Writ of Attachment
under Rule 57 thereby converting the action to action quasi in rem and
therefore service of summons can be made by publication.
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 ON THE PART OF THE DEFENDING PARTY

Defending party may move for the Dismissal of the case on the ground of lack of
jurisdiction over the person of the defending party under Sec. 1 (a) Rule 16 due to
improper service of summons.

Sec. 14: SERVICE OF SUMMONS BY

Remedy: If the identity or whereabouts of the defendant is unknown, file a Motion
to Serve Summons by Publication.

any actions.

Sec. 15: EXTRA-TERRITORIAL

Remedy: Defendant does not reside & not found in the Philippines, affecting his
personal status or property in the Philippines, file a Motion to Serve Summons by
Publication or Extra-territorial Service.

RULE 15: MOTION

Remedies: In case of failure to comply with:

1. Section 4 (Hearing of Motion); 2.

Section 5 (Notice of Hearing); and
3. Section 6 (Proof of Service).

The Motion shall be considered:

1. Not filed;
2. The Clerk of Court has no right to receive; and
3. The Court has no right to act upon.
The adverse party may move for the denial of the said Motion, and does not toll
the running of prescriptive period to file the Appeal/Remedy.

IF THE MOTION TO DISMISS IS DENIED

1. File an Answer with the remaining period to file the same raising the same
grounds as an affirmative defenses;

2. Proceed to trial;
3. In case of adverse decision, Appeal the decision UNLESS the denial is
attendant with grave abuse of discretion, file a Motion for
Reconsideration;
4. If denied, file a Petition for Certiorari under Rule 65.

IF MOTION TO DISMISS IS GRANTED

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

Claiming Party:

1. If without prejudice, re-file the case.

2. If with prejudice, appeal the case.
o Within 15 days or 30 days, in case of multiple or separate
appeals, after the Notice of the final order, on the ground of
question of law or question of fact.

Sec. 2: DISMISSAL UPON MOTION OF THE

Defendant: Motion to Dismiss, without prejudice to the right of the defendant to
prosecute his counterclaim in a separate action.

Plaintiff:

1. If without prejudice, re-file the case.

2. If with prejudice, appeal the case.

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 Defendant: Motion to Dismiss, for failure to prosecute, dismissal is with prejudice
UNLESS ordered by the Court to be without prejudice.

Without prejudice to the right of the defendant to prosecute his counterclaim in

a separate action.

NON-APPEARANCE ON THE PART OF THE PLAINTIFF

Defendant: If the Plaintiff failed to appear, the defendant may move that:

1. Plaintiff be declared “non-suited”; and

2. Ask for the dismissal of the action.

Dismissal shall be with prejudice, UNLESS ordered by the Court.

Plaintiff’s remedy:

1. File a Motion for Reconsideration; and 2. If denied,

Appeal
a final order.

NON-APPEARANCE ON THE PART OF THE DEFENDANT

Plaintiff: If the defendant failed to appear, the plaintiff may move for:

1. Presentation of his evidence ex parte; and

2. Judgment can be rendered based on the evidence of the plaintiff.

Before rendition of the judgment, the remedy of the defendant is to:

1.File a Motion for Reconsideration of the Order allowing the presentation

of the evidence ex parte; and
2.If denied with grave abuse of discretion, file a Petition for Certiorari under
Rule 65.
o Within 60 dyas form Notice of the Order.
nterlocutory in character.

In case there is already a Judgment, defendant may file a:

1. Motion for New Trial under Sec. 1 of Rule 37 on the ground of FAME; and
2. In case of denial, Appeal from the decision & the Order denying the new
trial.
for taking an Appeal.
In case the Judgment is already final & executory, defendant may file a:

1. Petition for Relief from Judgment under Rule 33 on the ground of

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

Sec. 6, Rule 6: PRE-TRIAL BRIEF

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 Remedies: Failure to file pre-trial brief has the same effect as failure
to appear.
PRE-TRIAL ORDER

Remedy: In case of error in the Pre-trial Order, parties may move for the
Amendment/Correction of Pre-trial Order.

Remedies: If a person has legal interest in the case:

1. File a Motion for leave of Court to Intervene; and o Any time

before the rendition of judgment with pleading in intervention.
2. If granted, file a Complaint in Intervention.

ON THE PART OF THE INTERVENOR

Remedy: In case of improper denial, the remedy of the intervenor is to Appeal the
Order being a final order. o Within 15 days or 30 days in case of multiple or
separate Appeals after Notice of the final Order on the ground of question of law
or question of fact.

ON THE PART OF THE ORIGINAL PARTIES

Remedy: In case of improper granting, the remedy of the original parties to the case
may:
1. File a Motion for Reconsideration on the Order granting the
Amendment; and
2. If denied, file a Petition for Certiorari and Prohibition.
o Within 60 days from Notice of the Order on the ground of
grave abuse of discretion amounting to lack or excess of
jurisdiction.

RULE 21: SUBPOENA

Sec. 4: QUASHAL OF SUBPOENA
Remedy: If subpoena is unreasonable and oppressive or the books or documents
are irrelevant, the said person may file a Motion to Quash
Subpoena.
Sec. 9: CONTEMPT

Remedy: Failure to comply with the subpoena, the person subject of subpoena may
be cited for Contempt under Rule 71.

RULE 23-29: MODES OF

Remedies: Contempt:

1. Payment of reasonable expenses including attorney’s fees;

2. Striking of the Pleading or parts or stay proceedings;
3. Dismissing the action or proceedings or any part thereof;
4. Judgment by default; 5. Arrest of any party or agent.

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 RULE 30: TRIAL

Sec. 3: POSTPONEMENT DUE TO ABSENCE OF Remedy:

Motion to Postpone with Affidavit.

Sec. 4: POSTPONEMENT DUE TO

Remedy: In case of illness of party or counsel, file a Motion to Postpone the
Hearing due to Illness with Affidavit/Sworn Statement.

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

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

RULE 33: DEMURRER TO EVIDENCE

Defendant: After Plaintiff had rested its case and based on insufficiency of
evidence, defendant may file a Motion for Demurrer to Evidence.

Plaintiff: In case the motion if granted, Plaintiff may file an Appeal since it is an
adjudication on the merits.

RULE 34: JUDGMENT ON THE

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

RULE 35: SUMMARY JUDGMENT

Plaintiff: If there is no genuine issue as to any material facts:

1. File a Motion for Summary Judgment with supporting affidavits,

depositions, or admissions.
2. If the Motion is granted, aggrieved party may file an Appeal.

RULE 36: JUDGMENT, FINAL ORDERS AND ENTRY

Remedies:

Judgment which is ambiguous and difficult to comply, file a Motion for

Clarificatory Judgment.
Judgment upon Compromise, file a Motion to Set Aside Judgment by
Compromise Appeal.

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 NEW TRIAL Remedy:

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

RECONSIDERATION

Remedy:

1. Damages are excessive/ evidence is insufficient/contrary to law, Motion for

Reconsideration; o Within the period for taking the Appeal.
2. If the Motion is denied, Appeal from the Judgment and the Order denying
the Motion for Reconsideration & assign as error the denial of the motion. o
Within 15 days after Notice of the Judgment or Order, on the ground of
question of law or question of fact.

RULE 38: RELIEF FROM JUDGMENT

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

Remedies: After finality of Judgment, Order or proceedings on the ground of FAME:

1. File a Petition for Relief from Judgment with Affidavit of Merit; o Within 60
days after Petitioner learned of Judgment, final order or proceedings not more
than 6 after the final order.
2. In case of denial, Certiorari under Rule 65 (see Sec. 1, Rule
41(b));
3. In case of granting, Certiorari.

Sec. 2: PETITION FOR RELIEF FROM DENIAL OF

Remedy: Failure to Appeal due to FAME, Petition for Relief from Judgment with
Affidavit of Merit.

RULE 39: EXECUTION

EXECUTION WITHIN 5 YEARS: AS A MATTER OF Winning Party:

1. Motion for Execution;

2. If Motion for Execution is denied, Appeal/Mandamus.

Defendant:

1. If improperly issued, Motion to Quash Writ of Execution;

2. In case of discretionary execution, the Order of Execution, defendant may file
a Petition for Certiorari under Rule 65 with TRO or Injunction;

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 3. Third party claim, if the property levied upon belongs to another person, he
may file an Affidavit;
4. Redemption.

EXECUTION AFTER 5 YEARS

Remedies:

1. Action for Revival of Judgment; 2. If

denied, Appeal.

Remedy: Judgment from MTC can be appealed to RTC within 15 (or

30) days from receipt of the Judgment by Notice of Appeal or by Record on Appeal in case
of multiple appeals or special proceedings + payment of appeal docket fees.

RULE 41: APPEAL FROM RTC TO CA

Remedy: Judgment from RTC in the exercise of original jurisdiction, Appeal to
the Court of Appeals by Notice of Appeal or record of appeal in case of multiple appeals
or special proceedings + payment of appeal docket fee.

Order disallowing or dismissing an Appeal, Petition for Certiorari under Rule 65 in

relation to Sec. 1 (d), Rule 41.
Filed with RTC.

RULE 42: PETITION FOR REVIEW

Remedy: Decision of the Regional Trial Court in the exercise of its appellate
jurisdiction, aggrieved party may file Petition for Review to the Court of Appeals

o Within 15 days from Notice of Judgment.

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

RULE 45: APPEAL BY CERTIORARI

Remedy: Purely questions of law from decision of Court of Appeals

SANDIGANBAYAN, Court of Tax Appeal or RTC may file a Petition for Review on
Certiorari under Rule 45. (A.M. No. 07-07-12).

o Within 15 days from notice of judgment.

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 Motion for Reconsideration under Rule
52.

RULE 47: PETITION FOR ANNULMENT OF

SECS. 1-4

Remedies:

Final & executory judgment/order/resolution of the RTC, party may file a Petition
for Annulment of Judgment (with Affidavit of Merit) before the Court of Appeals on the
ground of:

1. Extrinsic fraud; 2. Lack of

jurisdiction; or
3. Lack of due process.
Final & executory judgment of the MTC/MCTC, file a Petition for
Annulment of Judgment with the RTC.

RULE 57: PRELIMINARY ATTACHMENT

SEC. 12 DISCHARGE OF WRIT OF

Defendant: In case of issuance of writ of attachment, defendant may file a:

1. Motion to Discharge Attachment & by filing the necessary Counter-bond

under Sec. 12, Rule 57;
Motion to Discharge, after Writ of Attachment has been enforced.
Counter-bond, in an amount equal to that fixed by the Court in the
Order or equal to the value of the property.

2. Motion to Quash Writ of Attachment on the grounds specified under Sec.

13 of Rule 57;
a) Attachment was improperly or irregularly issued or enforced;
b) Bond is insufficient;
c) Attachment is excessive.
o Before or after levy of after the release of attached property.

3. In case of denial, file a Motion for Reconsideration; and 4. If denied, file a

Petition for Certiorari.

RULE 58: INJUNCTION

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

1. Temporary Restraining Order and/or Preliminary Prohibitory or Mandatory

Injunction;

amount fixed by the Court.

2. In case of denial of the application, applicant may file a Motion for
Reconsideration;
3. If denied, file a Petition for Certiorari under Rule 65.

To preserve status quo of the parties, Motion for Issuance of a

Status Quo Order.

Adverse Party:
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 1. Counter-bond;
Lien for dissolution of the Injunction, on the ground under Sec. 6.\
a) Application is insufficient;
b) Other grounds upon Affidavit of the parties;
c) The injunction would cause irreparable damage to the party
injured.
2. Motion for Reconsideration;
3. If denied, Certiorari;
4. In case of permanent Injunction, Appeal.
ex-parte good for
a) 20 days in case of irreparable damage & injury; or
b) 72 hours in case of extreme urgency.

RULE 59: RECEIVER

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

To preserve the property pending litigation.

Bond, in an amount fixed by the Court.
Application must be verified.

Adverse Party:

1. Motion for denial of Application or discharge of receiver, on the ground

that the appointment was obtained without sufficient cause;
2. In case of appointment of receiver, Certiorari , in case of grave abuse of
discretion;
3. Post a bond, in an amount fixed by the Court.

RULE 60: REPLEVIN

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

double the value of the property.

Adverse Party: Posting of Counter-bond, double the amount.

RULE 61: SUPPORT PENDENTE

Remedies: In case of refusal after Order from the Court:

1. Apply for execution; or 2.

Contempt.

RULE 62: INTERPLEADER

Remedies: Person in possession of property without legal interest.

1. File a Complaint for Interpleader;

2. In case of denial, Appeal the decision.

RULE 63: DECLARATORY RELIEF

Remedies: Person interested under a will, deed, contract, or other written
instrument, or whose rights are affected by statute, executive order, regulations for
interpretation.

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 1. File a Petition for Declaratory Relief;
2. In case of denial, Appeal the decision.

RULE 64: REVIEW OF JUDGMENT OF COMELEC OR

Remedy: Final Judgment or Order of COA or COMELEC, file a Petition for
Certiorari to the Supreme Court within 30 days from Notice of Judgment.
RULE 65: CERTIORAI, PROHIBITION, MANDAMUS
Remedy: In case of grave abuse of discretion amounting to lack or in excess of
jurisdiction & there is no other plain, speedy, adequate remedy, file a Petition for
Certiorari / Prohibition/Mandamus.

RULE 66: QUA WARRANTO

Remedy: In case of usurpation of public office, position or franchise.

1. File a Petition for Quo Warranto;

2. In case of denial, Appeal the decision.

RULE 67: EXPROPRIATION

Plaintiff: Private Property to be used for public use with payment of just
compensation, file a Complaint for Expropriation;

Adverse Party: May file his Opposition to the complaint for expropriation.

RULE 68: FORECLOSURE OF REAL ESTATE MORTGAGE

ON THE PART OF THE PLAINTIFF-MORTGAGEE

Remedy: Non-payment of loan, secured by real estate mortgage.

1. File a Complaint for Foreclosure of Real Estate Mortgage; or

2. Collection of Sum of Money with Damages.

ON THE PART OF THE DEFENDANT-MORTGAGOR

In case of adverse decision, aggrieved party may file a:

1. Motion for Reconsideration; or
2. If denied, Appeal the decision.

In case of judicial foreclosure, EQUITY OF REDEMPTION within 90 days not

more than 120 days from Entry of Judgment.

In case of banks, 1 year legal redemption.

RULE 69: PARTITION

Remedies: Real properties owned in common.

1. File a Complaint for Partition;

2. In case of adverse decision, parties may Appeal the decision.

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 RULE 70: UNLAWFUL DETAINER/ FORCIBLE ENTRY ON
THE PART OF THE OWNER/CO-OWNER:

UNLAWFUL DETAINER- Summary action for the recovery of physical

possession within 1 year from the last demand, file a Complaint for
Unlawful Detainer.
FORCIBLE ENTRY- Dispossession through fraud, intimidation, strategy,
threats, stealth within 1 year from discovery.

ON THE PART OF THE DEFENDANT:

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

Failure to comply with any of the requirements for Appeal, the winning party
may file a Motion for Execution pending Appeal.

Misbehavior in the presence or near the Court.

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

INDIRECT CONTEMPT
Misbehavior outside or not in the presence.

1. Petition for Indirect Contempt;

2. Appeal + bond.

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