BARANGAY LAWREMEDIES IN CIVIL PROCEDUREDean Ferdinand Tan

NON-REFERRAL OF THE CASE WITH THE BARANGAYRemedy: Defendant may file a Motion to Dismiss the case on the ground of:1. Prematurity;2. Failure to state a cause of action under Sec. 1, par. (g) Rule 16;3. Failure to comply with the condition precedent Sec. 1, par. (j) Rule 16.AMICABLE SETTLEMENT/ COMPROMISE AGREEMENT/ NON-COMPLIANCE

Plaintiff: Execution of the amicable settlement within 6 months after date of settlement under Sec. 417 of R.A. 7160.Defendant: Repudiation of the settlement within 10 days from the date of settlement by Sworn Statement on the ground that the consent was vitiated by fraud, violence, or intimidation under Sec. 418 of R.A 7160. Annulment of Compromise Agreement. Issuance of Certificate to file Action.In case the monetary claim does not exceed P 100,000.00, file a Complaint for Small Claims with the MTC/ MCTC.RULE 2: CAUSE OF ACTION

Sec. 4: SPLITTING OF CAUSE OF ACTION

Defendant: Motion to Dismiss on the ground of:1. Litis Pendetia under Rule 16, Sec. 1 (e); or2. 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 ACTION

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; or3. File a Motion to Amend the pleadings joining the non-joined cause of action.Sec. 6: MISJOINDER OF CAUSES OF ACTION

Remedy: Motion to Severe and to Try the case separately.RULE 3: PARTIES TO THE ACTIONS

Sec. 2: REAL PARTY IN INTEREST

Defendant: If the case is not brought in the name or against the real party in interest a Motion to Dismiss may be filed on the ground that the complaint states no cause of action under Sec. 1 (g), Rule 16.Plaintiff: Re-file the case, because the dismissal is without prejudice.Sec. 10: UNWILLING CO-PLAINTIFF

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; and2. Sign the pleadings. Lawyer may be subjected to appropriate disciplinary action.Sec. 4: VERIFICATION

Remedies: Pleadings may be:1. Amended; or2. The Court may order that the pleading be verified at its own discretion.Opposing Party: In case the pleading is unverified contrary to the requirement of the rules, the adverse party may move to Strike out the pleading from the record of the case under Rule 8 Sec. 12.Sec. 5: VIOLATION OF FORUM SHOPPING

Defendant: File a Motion to Dismiss for failure to comply with the rules on forum shopping or condition precedent under Sec. 1 (j), Rule 16 in relation to Sec. 5, Rule 7.Claiming Party: In case of dismissal, the party may Re-file the case, because the dismissal is without prejudice UNLESS it is gross & deliberate violation, the dismissal is with prejudice.RULE 8: MANNER OF MAKING ALLEGATIONS

Sec. 8: ACTIONABLE DOCUMENT

Remedy: Denial under oath & set forth what he claims to be the facts UNLESS he is:1. Not a party to the document;2. Refused compliance with the Order of dismissal.

Otherwise, its genuineness & due execution is deemed admitted and judgment on the pleadings may be availed of.Sec. 10: MATERIAL ALLEGATIONS IN THE COMPLAINT

Defendant: Specific denial + substance of his denial, EXCEPT amount of unliquidated damages. No specific denial, otherwise it is an admission.Plaintiff: Motion for Judgment on the pleading under Rule 34.RULE 9: EFFECT OF FAILURE TO PLEAD

Sec. 2: DEFAULT

Plaintiff: In case defendant failed to file his Answer, Motion to Declare Defendant in Default with proof of service & Notice of Hearing.Defendant: ORDER OF DEFAULT1. 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 Within 60 days from Notice of the Order or Notice of the denial of the MR.- or 1. File a Motion to Admit Answer, together with the attached Answer before the rendition of the Judgment by Default.

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

JUDGMENT BY DEFAULT1. 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. 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. 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 Within 15 days after service of the Amended Pleading.

2. File his Comment/ Opposition to the Motion to Amend Pleading. 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. Within 60 days from Notice of the Order. On the ground of grave abuse of discretion amounting to lack or excess of jurisdiction.Defendant:1. File an Answer to the Amended Pleading/Complaint; or Within 10 days from Notice of the Order admitting the Amended Pleading.2. File his Comment/Opposition to the Motion to Amend Pleading. Within 5 days from service of the Motion.Sec. 5: AMENDMENT TO CONFORM TO EVIDENCE

Remedy: Motion to Amend Pleading to Conform to Evidence issues not raised in the pleading were tried with the consent of the parties. Consent, may be implied or express.Sec. 6: SUPPLEMENTAL PLEADING

Remedy: Motion to File Supplemental Pleading, if there is a need to supplement the original complaint/pleading.RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS

Sec. 4: ANSWER TO COMPLAINT, COUNTERCLAIM OR CROSS CLAIM

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; and2. Ask Judgment granting such relief as may be warranted in the pleading.RULE 12: BILL OF PARTICULARS

Sec. 1: BILL OF PARTICULARS

Defendant: Ambiguity in the allegations in the pleading, Motion for Bill of Particulars.Plaintiff: In case of ambiguity in the pleadings, Plaintiff may amend his Complaint/Pleading (Rule 10).Sec. 4: NON-COMPLIANCE WITH THE ORDER OF PARTICULARS

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

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 CLAIM

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

Sec. 6: TENDER OF SUMMONS

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 ENTITY

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; or6. In-house counsel. In case of non-compliance, Plaintiff may move for the issuance & service of an alias summons; Within 5 days from failure of service, on the ground of failure of service. In case the summons cannot be served on the officers of the corporation, Plaintiff may Amend his Complaint & apply for a Writ of Attachment under Rule 57 thereby converting the action to action quasi in rem and therefore service of summons can be made by publication.

ON THE PART OF THE DEFENDING PARTYDefending 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 PUBLICATION

Remedy: If the identity or whereabouts of the defendant is unknown, file a Motion to Serve Summons by Publication. This applies to any actions.Sec. 15: EXTRA-TERRITORIAL SERVICE

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); and3. Section 6 (Proof of Service).

The Motion shall be considered:1. Not filed;2. The Clerk of Court has no right to receive; and 3. The Court has no right to act upon. The adverse party may move for the denial of the said Motion, and does not toll the running of prescriptive period to file the Appeal/Remedy.RULE 16: MOTION TO DISMISS

Sec. 1: MOTION TO DISMISS

IF THE MOTION TO DISMISS IS DENIED

1. File an Answer with the remaining period to file the same raising the same grounds as an affirmative defenses; Remaining period, because the Order of denial is interlocutory.2. Proceed to trial;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 GRANTEDGROUNDSREMEDIES

a. Lack of jurisdiction over the person of the defendantRe-File the case.

b. Lack of jurisdiction over the subject matterRe-File the case.

-or-

In case of denial, Certiorari and/or Prohibition

c.Improper venueRe-File the case with the proper venue.

-or-

If erroneously denied, file Prohibition

d.No legal capacityRe-File the case.

e.Litis PendentiaDismissal of one of the action -or- Appeal.

f.Res Judicata;Appeal, since the Order granting the Motion is a final order.

g.No cause of actionRe-File the case

h.Paid, waived, abandoned or extinguishedAppeal

i.Statute of FraudsAppeal

j.Condition precedentRe-File the case

RULE 17: DISMISSAL OF ACTIONS

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. 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 PLAINTIFF

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

Defendant: Motion to Dismiss, for failure to prosecute, dismissal is with prejudice UNLESS ordered by the Court to be without prejudice. Without prejudice to the right of the defendant to prosecute his counterclaim in a separate action.Sec. 5: FAILURE TO APPEARRULE 18: PRE-TRIAL CONFERENCE

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; and2. Ask for the dismissal of the action.

Dismissal shall be with prejudice, UNLESS ordered by the Court.Plaintiffs remedy: 1. File a Motion for Reconsideration; and2. If denied, Appeal from the Order or Dismissal. The same being a final order.

NON-APPEARANCE ON THE PART OF THE DEFENDANTPlaintiff: If the defendant failed to appear, the plaintiff may move for:1. Presentation of his evidence ex parte; and2. 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; and2. If denied with grave abuse of discretion, file a Petition for Certiorari under Rule 65. Within 60 dyas form Notice of the Order. No appeal, since the Order is interlocutory in character.In case there is already a Judgment, defendant may file a:1. Motion for New Trial under Sec. 1 of Rule 37 on the ground of FAME; and2. In case of denial, Appeal from the decision & the Order denying the new trial. Within the period 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 Within 60 days after learning the judgment & not more than 6 months after entry of judgment.Sec. 6, Rule 6: PRE-TRIAL BRIEF

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

Remedy: In case of error in the Pre-trial Order, parties may move for the Amendment/Correction of Pre-trial Order.RULE 19: INTERVENTION

Sec. 1: WHO MAY INTERVENE

Remedies: If a person has legal interest in the case:1. File a Motion for leave of Court to Intervene; and 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. 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; and2. If denied, file a Petition for Certiorari and Prohibition. 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 DISCOVERIES/REFUSAL

Remedies: Contempt:1. Payment of reasonable expenses including attorneys 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.RULE 30: TRIAL

Sec. 3: POSTPONEMENT DUE TO ABSENCE OF EVIDENCE

Remedy: Motion to Postpone with Affidavit.Sec. 4: POSTPONEMENT DUE TO ILLNESS

Remedy: In case of illness of party or counsel, file a Motion to Postpone the Hearing due to Illness with Affidavit/Sworn Statement.Sec. 1: CONSOLIDATIONRULE 31: CONSOLIDATION OR SEVERANCE

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 PLEADINGS

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 and the Compromise Agreement. If denied, Appeal.RULE 37: NEW TRIAL OR RECONSIDERATION

NEW TRIAL

Remedy: 1. FAME or Newly discovered evidence, Motion for New Trial with Affidavit of Merit. 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. 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; 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. 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 PROCEEDINGS

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; 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 APPEAL

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 RIGHT

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

EXECUTION AFTER 5 YEARS

Remedies: 1. Action for Revival of Judgment;2. If denied, Appeal.SECS. 1-3: APPEALRULE 40: 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. Filed with MTC.

RULE 41: APPEAL FROM RTC TO CA

Remedy: Judgment from RTC in the exercise of original jurisdiction, Appeal to the Court of Appeals by Notice of Appeal or record of appeal in case of multiple appeals or special proceedings + payment of appeal docket fee. Order disallowing or dismissing an Appeal, Petition for Certiorari under Rule 65 in relation to Sec. 1 (d), Rule 41. Filed with RTC.RULE 42: PETITION FOR REVIEW

Remedy: Decision of the Regional Trial Court in the exercise of its appellate jurisdiction, aggrieved party may file Petition for Review to the Court of Appeals Within 15 days from Notice of Judgment.RULE 43: APPEALS FORM QUASI-JUDICIAL AGENCIES

SECS. 1, 3 & 5

Remedy: Decision of the quasi-judicial agencies, file a Petition for Review within 15 days from Notice of the Judgment or award to the Court of Appeals.RULE 45: APPEAL BY CERTIORARI

Remedy: Purely questions of law from decision of Court of Appeals SANDIGANBAYAN, Court of Tax Appeal or RTC may file a Petition for Review on Certiorari under Rule 45. (A.M. No. 07-07-12). Within 15 days from notice of judgment. In case of denial of the petition, file a Motion for Reconsideration under Rule 52. RULE 47: PETITION FOR ANNULMENT OF JUDGMENT

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; or3. 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 ATTACHMENT

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. Before or after levy of after the release of attached property.

3. In case of denial, file a Motion for Reconsideration; and4. If denied, file a Petition for Certiorari.RULE 58: INJUNCTION

Applicant: Acts to be restrained or performance of the act:1. Temporary Restraining Order and/or Preliminary Prohibitory or Mandatory Injunction; Verified application for Preliminary Injunction or TRO & bond, in an amount fixed by the Court.2. In case of denial of the application, applicant may file a Motion for Reconsideration;3. If denied, file a Petition for Certiorari under Rule 65.

To preserve status quo of the parties, Motion for Issuance of a Status Quo Order.Adverse Party: 1. Counter-bond; Lien for dissolution of the Injunction, on the ground under Sec. 6.\a) Application is insufficient;b) Other grounds upon Affidavit of the parties;c) The injunction would cause irreparable damage to the party injured.2. Motion for Reconsideration;3. If denied, Certiorari;4. In case of permanent Injunction, Appeal. TRO may be issued ex-parte good for a) 20 days in case of irreparable damage & injury; or b) 72 hours in case of extreme urgency.RULE 59: RECEIVER

Applicant: Application/Motion for the Appointment of a Receiver. To preserve the property pending litigation. Bond, in an amount fixed by the Court. Application must be verified.Adverse Party:1. Motion for denial of Application or discharge of receiver, on the ground that the appointment was obtained without sufficient cause;2. In case of appointment of receiver, Certiorari , in case of grave abuse of discretion;3. Post a bond, in an amount fixed by the Court.RULE 60: REPLEVIN

Applicant: Application for issuance of Writ of Replevin with bond. Unlawful withholding of personal properties. Bond, double the value of the property.Adverse Party: Posting of Counter-bond, double the amount.RULE 61: SUPPORT PENDENTE LITE

Remedies: In case of refusal after Order from the Court:1. Apply for execution; or2. Contempt.

Support pending litigation.RULE 62: INTERPLEADER

Remedies: Person in possession of property without legal interest.1. File a Complaint for Interpleader;2. In case of denial, Appeal the decision.RULE 63: DECLARATORY RELIEF

Remedies: Person interested under a will, deed, contract, or other written instrument, or whose rights are affected by statute, executive order, regulations for interpretation.1. File a Petition for Declaratory Relief;2. In case of denial, Appeal the decision.RULE 64: REVIEW OF JUDGMENT OF COMELEC OR COA

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; or2. 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; or2. If denied, Appeal the decision.

In case of judicial foreclosure, EQUITY OF REDEMPTION within 90 days not more than 120 days from Entry of Judgment.

In case of banks, 1 year legal redemption.

RULE 69: PARTITION

Remedies: Real properties owned in common.1. File a Complaint for Partition;2. In case of adverse decision, parties may Appeal the decision.RULE 70: UNLAWFUL DETAINER/ FORCIBLE ENTRY

ON THE PART OF THE OWNER/CO-OWNER:

UNLAWFUL DETAINER- Summary action for the recovery of physical possession within 1 year from the last demand, file a Complaint for Unlawful Detainer.

FORCIBLE ENTRY- Dispossession through fraud, intimidation, strategy, threats, stealth within 1 year from discovery.

ON THE PART OF THE DEFENDANT:Remedies: In case of adverse defendant may file an APPEAL to the RTC by filing a Notice of Appeal, payment of appeal docket fees, supersedeas bond in case of award of rental arrearages or compensation for the use of the property, and periodic deposit of rentals. Failure to comply with any of the requirements for Appeal, the winning party may file a Motion for Execution pending Appeal.RULE 71: CONTEMPT

DIRECT CONTEMPT

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

Misbehavior outside or not in the presence.1. Petition for Indirect Contempt;2. Appeal + bond.R. SOLOMON-SANTOALLAPage 2