7/21/2019 Special Civil Actions http://slidepdf.com/reader/full/special-civil-actions-56d9fdb298fad 1/35 SPECIAL CIVIL ACTIONS (RULES 62-71) Interpleader (Rule 62) – A person who has property in his possession or an obligation to render, wholly or partially without claiming any right therein, or an interest in which in whole or in part is not disputed by the claimants, comes to court and asks that the persons who consider themselves entitled to demand compliance with the obligation be required to litigate among themselves in order to determine fnally who is entitled to the same. Delarat!r" Rel#e$ and S#%#lar Re%ed#e& (Rule 6') – An action brought or the reormation oan instrument, to quiet title to real property or remove clouds thererom, or to consolidate ownership. To register his title to real property bought with a right oredemption, the buyer must fle an action or declaratory relie. cArt. 1!" and 11#$$ Art. 1!". %n case oreal property, the consolidation oownership in the vendee by virtue othe ailure othe vendor to comply with the provisions oarticle 11shall not be recorded in the &egistry o'roperty without a (udicial order, ater the vendor has been duly heard. )n* Art. 11. The vendor cannot avail himselothe right orepurchase without returning to the vendee the price othe sale, and in addition+ )1* The epenses othe contract, and any other legitimate payments made by reason othe sale- )* The necessary and useul epenses made on the thing sold. r!und& $!r te !urt t! re$u&e t! e*er#&e delarat!r" rel#e$ 1. a decision would not terminate the uncertainty or controversy which gave rise to the action- . the declaration or construction is not necessary and proper under the circumstances. Cert#!rar#+ Pr!#,#t#!n and anda%u& (Rule 6.) without (urisdiction – no (urisdiction rom the beginning- absolute want o(urisdiction in ecess o(urisdiction – transcended the limits oauthority without any statutory authority grave abuse odiscretion – eercised its power in an arbitrary or despotic manner by reason opassion or personal hostilities - so patent and gross as to amount to an evasion or virtual reusal to perorm the duty en(oined or to act in contemplation olaw Purp!&e& !$ a /r#t !$ $ertiorari – to correct errors o(urisdiction- reers to only to (udicial or quasi/(udicial unctions 'rohibition – to prevent respondent rom usurping a (urisdiction which it is not legally vested- reers to (udicial, quasi/(udicial, or ministerial unctions 0andamus – to require or compel the respondent to perorm a particular duty, which duty results rom the ocial station othe respondent, or rom operation olaw- reers only to ministerial duties Cert#!rar# Pr!#,#t#!n anda%u& 2irected against a person eercising to (udicial or quasi/ (udicial unctions 2irected against a person eercising (udicial or quasi/ (udicial unctions, or 2irected against a person eercising ministerial duties
Interpleader (Rule 62) – A person who has property in his possession or an obligation torender, wholly or partially without claiming any right therein, or an interest in which in wholeor in part is not disputed by the claimants, comes to court and asks that the persons whoconsider themselves entitled to demand compliance with the obligation be required tolitigate among themselves in order to determine fnally who is entitled to the same.
De larat!r" Rel#e$ and S#%#lar Re%ed#e& (Rule 6') – An action brought or there ormation o an instrument, to quiet title to real property or remove clouds there rom, or toconsolidate ownership.
To register his title to real property bought with a right o redemption, the buyer must fle anaction or declaratory relie . c Art. 1 !" and 1 1 #$$
Art. 1 !". %n case o real property, the consolidation o ownership in the vendee by virtue othe ailure o the vendor to comply with the provisions o article 1 1 shall not be recorded inthe &egistry o 'roperty without a (udicial order, a ter the vendor has been duly heard. )n*
Art. 1 1 . The vendor cannot avail himsel o the right o repurchase without returning to thevendee the price o the sale, and in addition+
)1* The e penses o the contract, and any other legitimate payments made by reason o thesale-
) * The necessary and use ul e penses made on the thing sold.
r!und& $!r t e !urt t! re$u&e t! e*er #&e de larat!r" rel#e$
1. a decision would not terminate the uncertainty or controversy which gave rise to theaction-
. the declaration or construction is not necessary and proper under the circumstances.
Cert#!rar#+ Pr! #,#t#!n and anda%u& (Rule 6.)
without (urisdiction –
no (urisdiction rom the beginning- absolute want o (urisdiction
in e cess o (urisdiction – transcended the
limits o authority without any statutory authority
grave abuse o discretion – e ercised its power in an arbitrary or despotic manner by reasono passion or personal hostilities
- so patent and gross as to amount to an evasion or virtualre usal to per orm the duty en(oined or to act in contemplation o law
Purp!&e& !$ a /r#t !$
$ertiorari – to correct errors o (urisdiction- re ers to only to (udicial or quasi/(udicial unctions
'rohibition – to prevent respondent rom usurping a (urisdiction which it is not legally vested-re ers to (udicial, quasi/(udicial, or ministerial unctions
0andamus – to require or compel the respondent to per orm a particular duty, which dutyresults rom the o cial station o the respondent, or rom operation o law- re ers only toministerial duties
Cert#!rar# Pr! #,#t#!n anda%u&
2irected against a persone ercising to (udicial or quasi/
(udicial unctions
2irected against a persone ercising (udicial or quasi/
(udicial unctions, or
2irected against a persone ercising ministerial duties
rom, or o the denial o the petitioner7s 0#Tor 0 &- the 8$ may or (ustifable reasonsgrant an e tension o 9! days
(udgment, order or resolution
stays e ecution o the (udgment, award ororder appealed rom
5 ecution is not stayed unless a T&3 or a writo '% has been issued
lower courts or (udges thereo are notimpleaded
the lower court or (udge is impleaded as apublic respondent
'rior 0 & not required 0 & is a condition precedent, sub(ect toe ceptions
appellate (urisdiction is invoked original (urisdiction is invoked- 8$ e ercises itspower o control and supervision overproceedings o the lower court
de :eon+ 5 ension o 9! days may be grantedor (ustifable reasons
de :eon+ 5 tension o 16 days may be grantedor compelling reasons
de :eon+ ;iled with only the 8$ de :eon+ 0ay be fled in all courts o general (urisdiction
de :eon+ 8$ may deny the decision motupropio
r!und& $!r t e !urt t! motu propio d#&%#&& t e &pe #al #3#l a t#!n $!r CP
1. patently without merit
. prosecuted mani estly or delay, or
9. the questions raised therein are too unsubstantial to require consideration.
u! 4arrant! (Rule 66)
<uo =arranto – a demand made by the state upon some individual or corporation to show bywhat right they e ercise some ranchise or privilege appertaining to the 8tate which
according to the $onstitution or the laws o the land, they can not legally e ercise by virtueo a grant or authority rom the 8tate
u! 4arrant! anda%u&
&emedy to try an o ce or ranchise and tooust the holder rom en(oyment
To clear legal duties, not disputed titles
There is usurpation or intrusion into an o ce
by the respondent
&espondent need not claim right to an o ce
but e cludes petitioner there rom
u! 4arrant! Ele t#!n C!nte&t
2isputes relates to the eligibility o thecandidate elect
2ispute re ers to irregularities in the conducto election
&espondent ousted but petitioner does notalways assume o ce
8uccess ul protestant wil assume o ce i hehad plurality o valid votes
)1* Although both types o actions are governed by the rules or ordinary civil actions,there are certain rules that are applicable only to specifc special civil actions (Sec. 3[a], Rule1) . The act that an action is sub(ect to special rules other than those applicable to ordinarycivil actions is what makes a civil action special.
) * An ordinary civil action must be based on a cause o action (Sec. 1, Rule 2) . This meansthat the de endant must have per ormed an act or omitted to do an act in violation o therights o another (Sec. 2, Rule 2) . These defnitions do not ft the requirements o a cause oaction in certain special civil actions. The cause o action as defned and required o anordinary civil action fnds no application to the special civil action o declaratory declaratoryrelie . %n fnds no application also in a complaint or interpleader. %n this action, the plaintiBmay fle a complaint even i he has sustained no actual transgression o his rights. %n act, heactually has no interest in the sub(ect matter o the action. This is not so in an ordinary civilaction.
)9* 3rdinary civil actions may be fled initially in either the 0T$ o the &T$ depending uponthe (urisdictional amount or the nature o the action involved. 3n the other hand, there arespecial civil actions which can only be fled in an 0T$ like the actions or orcible entry andunlaw ul detainer. There are also special civil actions which cannot be commenced in the0T$, oremost o which are the petitions or certiorari , prohibition, and mandamus .
)?* The venue in ordinary civil actions is determined by either the residence o the partieswhere the action is personal or by the location o the property where the action is real. Thisdichotomy does not always apply to a special civil action. ;or instance, the venue in apetition or quo warranto iw where the 8upreme $ourt or the $ourt o Appeals sits i thepetition is commenced in any o these courts and without taking into consideration where theparties reside. %t is only when the petition is lodged with the &T$ that the residence isconsidered in venue analysis. =hile in ordinary civil actions the residences o both theplaintiB and the de endant are actored in the determination, a petition or quowarranto ailed in the &T$ merely looks into the residence o the respondent, not that o thepetitioner. Cut i it is the 8olicitor 4eneral who commences the action, another special rule isollowed because the petition may only be commenced in the &T$ in 0anila, in the $ourt o
Appeals or in the 8upreme $ourt.)6* =hile ordinary civil actions when fled are denominated as DcomplaintsE, some specialcivil actions are not denominated as such but DpetitionsE.
)a* 8pecial civil actions initiated by fling o a Petition +
1. 2eclaratory relie other than similar remedies-
. &eview o ad(udication o the $305:5$ and $3A-
9. Certiorari , prohibition and mandamus -
?. Quo warranto - and
6. $ontempt
)b* 8pecial civil actions initiated by fling o a Complaint +
)1* The sub(ect matter o a petition or declaratory relie raises issues which are notcapable o pecuniary estimation and must be fled with the &egional Trial $ourt (Sec. 1 [1],!P 12 " Sec. 1, Rule #3) . %t would be error to fle the petition with the 8upreme $ourt whichhas no original (urisdiction to entertain a petition or declaratory relie ($ntied Residents o%&ominican 'ill s. Commission on t e Settlement o% *and Pro+lems, 3 3 SCR- /2" 0rte as. Que on Cit 4o ernment, 5# SCR- 3//) .
Interpleader (Rule 62)
)1* %nterpleader is a person who has property in his possession or an obligation to render,wholly or partially without claiming any right therein, or an interest in which in whole or in
part is not disputed by the claimants, comes to court and asks that the persons who considerthemselves entitled to demand compliance with the obligation be required to litigate amongthemselves in order to determine fnally who is entitled to the same.
) * %nterpleader is a special civil action fled by a person against whom two conFictingclaims are made upon the same sub(ect matter and over which he claims no interest, tocompel the claimants to interplead and to litigate their conFicting claims amongthemselves (Sec. 1) .
Re<u#&#te& $!r #nterpleader
)1* There must be two or more claimants with adverse or conFicting interests to a propertyin the custody or possession o the plaintiB-
) * The plaintiB in an action or interpleader has no claim upon the sub(ect matter o theadverse claims or i he has an interest at all, such interest is not disputed by the claimants-
)9* The sub(ect matter o the adverse claims must be one and the same- and
)?* The parties impleaded must make eBective claims.
4 en t! =le
)1* =henever conFicting claims upon the same sub(ect matter are or may be madeagainst a person who claims no interest whatever in the sub(ect matter, or an interest whichin whole or in part is not disputed by the claimants, he may bring an action against theconFicting claimants to compel them to interplead and litigate their several claims amongthemselves (Sec. 1) .
De larat!r" Rel#e$& and S#%#lar Re%ed#e& (Rule 6')
)1* An action or declaratory relie is brought to secure an authoritative statement o therights and obligations o the parties under a contract or a statute or their guidance in theen orcement or compliance with the same (6eralco s. P ilippine Consumers 7oundation,3 5 SCR- 2#2) . Thus, the purpose is to seek or a (udicial interpretation o an instrument oror a (udicial declaration o a person7s rights under a statute and not to ask or a rmativerelie s like in(unction, damages or any other relie beyond the purpose o the petition asdeclared under the &ules.
) * The sub(ect matter in a petition or declaratory relie is any o the ollowing+
)9* The petition or declaratory relie is fled be ore there occurs any breach or violation othe deed, contract, statute, ordinance or e ecutive order or regulation. %t will not prosperwhen brought a ter a contract or a statute has already been breached or violated. % therehas already been a breach, the appropriate ordinary civil action and not declaratory relieshould be fled.
4 ! %a" =le t e a t#!n
)1* Any person interested under a deed, will, contract or other written instrument or whoserights are aBected by a statute, e ecutive order or regulation, ordinance or othergovernmental regulation may be ore breach or violation thereo , bring an action in the &T$ todetermine any question o construction or validity arising and or a declaration o his rights orduties, thereunder (Sec. 1) .
) * Those who may sue under the contract should be those with interest under thecontract like the parties, the assignees and the heirs as required by substantive law (-rt.1311, Ci il Code) .
)9* % it be a statute, e ecutive order, regulation or ordinance, the petitioner is one whoserights are aBected by the same (Sec. 1, Rule #3) . The other parties are all persons who haveor claim any interest which would be aBected by the declaration. The rights o person notmade parties to the action do not stand to be pre(udiced by the declaration (Sec. 2).
Re<u#&#te& !$ a t#!n $!r de larat!r" rel#e$
)1* The sub(ect matter must be a deed, will, contract or other written instrument, statute,e ecutive order or regulation or ordinance-
) * The terms o said document or the validity thereo are doubt ul and require (udicialconstruction-
)9* There must have been no breach o said document-
)?* There must be actual (usticiable controversy or the ripening seeds o one) there isthreatened litigation the immediate uture*- there must be allegation o any threatened,imminent and inevitable violation o petitioner7s right sought to be prevented by thedeclaratory relie sought-
)6* The controversy is between persons whose interests are adverse-
) * The issue must be ripe or (udicial determination e.g. administrative remedies alreadye hausted-
)"* The party seeking the relie has legal interest in the controversy- and
)@* Adequate relie is not available thru other means.
)b* The controversy must be between persons whose interests are adverse-
)c* The party seeking the relie must have legal interest in the controversy- and
)d* The issue is ripe or (udicial determination (Repu+lic s. 0r+ecido 888, 5 2 SCR- 115) .
4 en !urt %a" re$u&e t! %a>e 0ud# #al de larat#!n
)1* 4rounds or the court to re use to e ercise declaratory relie -
)a* A decision would not terminate the uncertainty or controversy which gave rise to theaction- or
)b* The declaration or construction is not necessary and proper under the circumstancesas when the instrument or the statute has already been breached (Sec. ) .
)?* %n declaratory relie , the court is given the discretion to act or not to act on the petition.%t may there ore choose not to construe the instrument sought to be construed or couldre rain rom declaring the rights o the petitioner under the deed or the law. A re usal o thecourt to declare rights or construe an instrument is actually the unctional equivalent o thedismissal o the petition.
)6* 3n the other hand, the court does not have the discretion to re use to act with respectto actions described as similar remedies. Thus, in an action or re ormation o an instrument,to quiet or to consolidate ownership, the court cannot re use to render a (udgment (Sec. ) .
C!n3er&#!n t! !rd#nar" a t#!n
)1* % be ore fnal termination o the case, a breach should take place, the action may be
converted into ordinary action to avoid multiplicity o suits (Repu+lic s. 0r+ecido, 4.R. 9o.1 53/:, 0ct. , 2:: ) .
) * 3rdinary civil action – plaintiB alleges that his right has been violated by thede endant- (udgment rendered is coercive in character- a writ o e ecution may be e ecutedagainst the de eated party.
)9* 8pecial civil action o declaratory relie – an impending violation is su cient to fle adeclaratory relie - no e ecution may be issued- the court merely makes a declaration.
Pr! eed#n8& !n&#dered a& &#%#lar re%ed#e&
)1* 8imilar remedies are+
)a* Action or re ormation o an instrument-
)b* Action or quieting o title- and
)c* Action to consolidate ownership (-rt. 1#: , Ci il Code) .
Re$!r%at#!n !$ an #n&tru%ent
)1* %t is not an action brought to re orm a contract but to re orm the instrument evidencingthe contract. %t presupposes that there is nothing wrong with the contract itsel becausethere is a meeting o minds between the parties. The contract is to be re ormed becausedespite the meeting o minds o the parties as to the ob(ect and cause o the contract, theinstrument which is supposed to embody the agreement o the parties does not reFect theirtrue agreement by reason o mistake, inequitable conduct or accident. The action is broughtso the true intention o the parties may be e pressed in the instrument (-rt. 13 , CC) .
) * The instrument may be re ormed i it does not e press the true intention o the partiesbecause o lack o skill o the person dra ting the instrument (-rt. 13#3, CC) . % the partiesagree upon the mortgage or pledge o property, but the instrument states that the propertyis sold absolutely or with a right o repurchase, re ormation o the instrument is proper (-rt.13# , CC) .
)9* =here the consent o a party to a contract has been procured by raud, inequitableconduct or accident, and an instrument was e ecuted by the parties in accordance with thecontract, what is de ective is the contract itsel because o vitiation o consent. The remedy isnot to bring an action or re ormation o the instrument but to fle an action or annulment othe contract (-rt. 13 , CC) .
)?* &e ormation o the instrument cannot be brought to re orm any o the ollowing+
)a* 8imple donation inter i os wherein no condition is imposed-
)b* =ills- or
)c* =hen the agreement is void (-rt. 1###, CC) .
C!n&!l#dat#!n !$ !/ner& #p
)1* The concept o consolidation o ownership under Art. 1 !", $ivil $ode, has its origin inthe substantive provisions o the law on sales. Gnder the law, a contract o sale may bee tinguished either by legal redemption (-rt. 1#1 ) or conventional redemption (-rt. 1#:1) .:egal redemption )retracto legal* is a statutory mandated redemption o a propertypreviously sold. ;or instance, a co/owner o a property may e ercise the right o redemptionin case the shares o all the other co/owners or any o them are sold to a third person (-rt.1#2:) . The owners o ad(oining lands shall have the right o redemption when a piece o ruralland with a siHe o one hectare or less is alienated (-rt. 1#21) . $onventional redemption)pacto de retro* sale is one that is not mandated by the statute but one which takes placebecause o the stipulation o the parties to the sale. The period o redemption may be f edby the parties in which case the period cannot e ceed ten )1!* years rom the date o thecontract. %n the absence o any agreement, the redemption period shall be our )?* yearsrom the date o the contract (-rt. 1#:#) . =hen the redemption is not made within the periodagreed upon, in case the sub(ect matter o the sale is a real property, Art. 1 !" provides thatthe consolidation o ownership in the vendee shall not be recorded in the &egistry o 'ropertywithout a (udicial order, a ter the vendor has been duly heard.
) * The action brought to consolidate ownership is not or the purpose o consolidating theownership o the property in the person o the vendee or buyer but or the registration o theproperty. The lapse o the redemption period without the seller a retro e ercising his right oredemption, consolidates ownership or title upon the person o the vendee by operation olaw. Art. 1 !" requires the fling o the petition to consolidate ownership because the lawprecludes the registration o the consolidated title without (udicial order (Cru s. *eis, 32SCR- :) .
u#et#n8 !$ t#tle t! real pr!pert"
)1* This action is brought to remove a cloud on title to real property or any interest therein.
The action contemplates a situation where the instrument or a record is apparently valid oreBective but is in truth and in act invalid, ineBective, voidable or unen orceable, and may bepre(udicial to said title to real property. This action is then brought to remove a cloud on titleto real property or any interest therein. %t may also be brought as a preventive remedy toprevent a cloud rom being cast upon title to real property or any interest therein (-rt. 5 #) .
) * The plaintiB need not be in possession o the real property be ore he may bring theaction as long as he can show that he has a legal or an equitable title to the property whichis the sub(ect matter o the action (-rt. 5 ) .
Re3#e/ !$ ;ud8%ent& and #nal Order& !r Re&!lut#!n !$ t e CO ELEC and COA(Rule 6 )
)1* A (udgment or fnal order or resolution o the $ommission on 5lections and the$ommission on Audit may be brought by the aggrieved party to the 8upreme $ourton certiorari under &ule 6 (Sec. 2) . The fling o a petition or certiorari shall not stay thee ecution o the (udgment or fnal order or resolution sought to be reviewed, unless the 8$directs otherwise upon such terms as it may deem (ust (Sec. /) . To prevent the e ecution othe (udgment, the petitioner should obtain a temporary restraining order or a writ opreliminary in(unction because the mere fling o a petition does not interrupt the course othe principal case.
) * 2ecisions o the $ivil 8ervice $ommission shall be appealed to the $ourt o Appealswhich has e clusive appellate (urisdiction over all (udgments or fnal orders o suchcommission (R- :2) .
)9* The petition shall be fled within thirty )9!* days rom notice o the (udgment or fnalorder or resolution sought to be reviewed. The fling o a motion or new trial orreconsideration o said (udgment or fnal order or resolution, i allowed under the proceduralrules o the $ommission concerned, shall interrupt the period herein f ed. % the motion isdenied, the aggrieved party may fle the petition within the remaining period, but which shallnot be less than fve )6* days in any event, reckoned rom notice o denial (Sec. 3) .
)?* #ote that petition or review rom decisions o quasi/(udicial agencies to the $A shouldbe within 16 days and does not stay the decision appealed. 'etition or review rom decisionso the &T$ decided in its appellate (urisdiction fled to the $A should be fled within 16 daysand stays e ecution, unless the case is under the rules o 8ummary 'rocedure. 8pecial civilactions o certiorari, prohibition, and mandamus, rom $omelec and $3A should be fledwithin 9! days, and does not stay the decision appealed. Cottomline+ 2ecisions o quasi/
(udicial bodies are not stayed by appeal alone. 2ecisions o regular courts are stayed onappeal. Although in petition or review on certiorari to the 8$ via &ule ?6, there is no e pressprovision on eBect o appeal on e ecution.
) * The Dnot less than 6 daysE provision or fling a pleading applies only to+
)a* fling an answer a ter a denial o a 0t2-
)b* fling an answer a ter denial or service o a bill o particulars-
)c* fling an special civil action or certiorari rom a decision o the $omelec or $oA a terdenial o a 0 & or 0#T. %t does not apply to fling appeal rom decisions o other entities a terdenial o a 0 & or 0#T. %n such cases, either the parties have a resh 16 days, or the balance.
Appl# at#!n !$ Rule 6. under Rule 6
)1* 8ec. ", Art. %I/A o the $onstitution reads, Dunless otherwise provided by the$onstitution or by law, any decision, order or ruling o each commission may be brought tothe 8upreme $ourt on certiorari by the aggrieved party within 9! days rom receipt o a copythereo .E The provision was interpreted by the 8upreme $ourt to re er to certiorari under &ule6 and not appeal by certiorari under &ule ?6 (-ratuc s. C06;*;C, // SCR- 2 1" &ario s.6ison, 1 # SCR- /5) . To implement the above constitutional provision, the 8$ promulgated&ule ?.
D#&t#n t#!n #n t e appl# at#!n !$ Rule 6. t! 0ud8%ent& !$ t e CO ELEC and COAand t e appl# at#!n !$ Rule 6. t! !t er tr#,unal&+ per&!n& and !5 er&
Rule 6 Rule 6.
2irected only to the (udgments, fnal orders or 2irected to any tribunal, board or
resolutions o the $305:5$ and $3A- o cers e ercising (udicial orquasi/(udicial unctions-
;iled within 9! days rom notice o the (udgment- ;iled within ! days rom notice o the (udgment-
The fling o a motion or reconsideration or amotion or new trial i allowed, interrupts theperiod or the fling o the petition or certiorari. %the motion is denied, the aggrieved party may flethe petition within the remaining period, but whichshall not be less than 6 days reckoned rom thenotice o denial.
The period within which to fledthe petition i the motion orreconsideration or new trial isdenied, is ! days rom notice othe denial o the motion.
Certiorari + Pr! #,#t#!n and Mandamus (Rule 6.)
)1* Certiorari is a remedy or the correction o errors o (urisdiction, not errors o (udgment.%t is an original and independent action that was not part o the trial that had resulted in therendition o the (udgment or order complained o . 0ore importantly, sine the issue is
(urisdiction, an original action or certiorari may be directed against an interlocutory order othe lower court prior to an appeal rom the (udgment (9ew 7rontier Su ar Corp. s. R<C o%8loilo, 4R 1# ::1, =an. 31, 2:: ) .
) * =here the error is not one o (urisdiction, but o law or act which is a mistake o (udgment, the proper remedy should be appeal. Jence, i there was no question o (urisdiction involved in the decision and what was being questioned was merely the fndingsin the decision o whether or not the practice o the other party constitutes a violation o the
agreement, the matter is a proper sub(ect o appeal, not certiorari(Centro ;scolar $ni ersit7acult and -llieid >or?ers $nion s. C-, 4R 1# 5/#, 6a 31, 2::#) .
)9* ;iling o petition or certiorari does not interrupt the course o the principal action northe running o the reglementary periods involved in the proceeding, unless an application ora restraining order or a writ o preliminary in(unction to the appellate court is granted (Sec.) . #either does it interrupt the reglementary period or the fling o an answer nor the courseo the case where there is no writ o in(unction (People s. -lmendras, 5:1 SCR- ) .
)?* %n a summary proceeding, petitions or certiorari , prohibition or mandamus against aninterlocutory order o the court are not allowed (Sec. 1 , RRSP) .
)6* $ertiorari is not and cannot be made a substitute or an appeal where the latterremedy is available but was lost through ault or negligence. The remedy to obtain a reversalo (udgment on the merits is appeal. This holds true even i the error ascribed to the lowercourt is its lack o (urisdiction over the sub(ect matter, or the e ercise o power in e cessthereo , or grave abuse o discretion. The e istence and availability o the right to appealprohibits the resort to certiorari because one o the requirements or certiorari is that there isno appeal (!u arin s. Palisoc, 4R 1 / , &ec. , 2:: ) .
) * 5 ceptions to the rule that certiorari is not available when the period or appeal haslapsed and certiorari may still be invoked when appeal is lost are the ollowing+
)a* Appeal was lost without the appellant7s negligence-
)b* =hen public wel are and the advancement o public policy dictates-
)c* =hen the broader interest o (ustice so requires-
)d* =hen the writs issued are null and void- and
)e* =hen the questioned order amounts to an oppressive e ercise o (udicialauthority (C ua s. C-, 355 SCR- 13#) .
$ertiorari is an e traordinarywrit annulling or modi yingthe proceedings o a tribunal,board or o cer e ercising
(udicial or quasi/(udicialunctions when such tribunal,board or o cer has actedwithout or in e cess o its orhis (urisdiction, or with graveabuse o discretion
amounting to lack or e cesso (urisdiction, there being noappeal or any other plain,speedy and adequate remedyin the ordinary course olaw (Sec. 1, Rule # ) .
'rohibition is ane traordinary writcommanding a tribunal,corporation, board orperson, whether e ercising
(udicial, quasi/(udicial orministerial unctions, todesist rom urtherproceedings when saidproceedings are without or
in e cess o its (urisdiction,or with abuse o itsdiscretion, there being noappeal or any other plain,speedy and adequateremedy in the ordinarycourse o law (Sec. 2, Rule# ) .
0andamus is an e traordinary writcommanding a tribunal,corporation, board or person, todo an act required to be done+
)a* =hen he unlaw ully neglectsthe per ormance o an act whichthe law specifcally en(oins as aduty, and there is no other plain,speedy and adequate remedy inthe ordinary course o law- or
)b* =hen one unlaw ullye cludes another rom the useand en(oyment o a right or o ceto which the other is entitled (Sec.3, Rule # ) .
2irected against a persone ercising to (udicial or quasi/
(udicial unctions
2irected against a persone ercising (udicial or quasi/
(udicial unctions, orministerial unctions
2irected against a persone ercising ministerial duties
3b(ect is to correct 3b(ect is to prevent 3b(ect is to compel
'urpose is to annul or modi ythe proceedings
'urpose is to stop theproceedings
'urpose is to compel per ormanceo the act required and to collectdamages
'erson or entity must haveacted without or in e cesso
(urisdiction, or with graveabuse o discretion
'erson or entity must haveacted without or in
e cess o (urisdiction, orwith grave abuse odiscretion
'erson must have neglected aministerial duty or e cluded
another rom a right or o ce
Pr! #,#t#!n In0un t#!n
Always the main action 0ay be the main action or (ust a provisionalremedy
2irected against a court, a tribunal e ercising (udicial or quasi/(udicial unctions
2irected against a party
4round must be the court acted without or ine cess o (urisdiction
2oes not involve a question o (urisdiction
Pr! #,#t#!n anda%u&
To prevent an act by a respondent To compel an act desired
0ay be directed against entities e ercising 0ay be directed against (udicial and non/
(udicial or quasi/(udicial, or ministerialunctions
(udicial entities
5 tends to discretionary unctions 5 tends only to ministerial unctions
anda%u& u! /arrant!
$larifes legal duties, not legal titles $larifes who has legal title to the o ce, orranchise
&espondent, without claiming any right to theo ce, e cludes the petitioner
&espondent usurps the o ce
Re<u#&#te&
Cert#!rar# Pr! #,#t#!n anda%u&
That the petition is directedagainst a tribunal, board oro cer e ercising (udicial orquasi/(udicial unctions-
The petition is directed againsta tribunal, corporation, boardor person e ercising (udicial,quasi/(udicial, or ministerialunctions-
The plaintiB has a clear legalright to the act demanded-
The tribunal, board or o cerhas acted without, or ine cess o (urisdiction or withabuse o discretionamounting to lack or e cessor (urisdiction
The tribunal, corporation,board or person must haveacted without or in e cess o
(urisdiction or with graveabuse o discretion amountingto lack o (urisdiction-
%t must be the duty o thede endant to per orm the act,which is ministerial and notdiscretionary, because thesame is mandated by law-
There is no appeal or anyplain, speedy and adequateremedy in the ordinarycourse o law.
There is no appeal or anyplain, speedy and adequateremedy in the ordinary courseo law.
The de endant unlaw ullyneglects the per ormance othe duty en(oined by law-
Accompanied by a certifedtrue copy o the (udgment ororder sub(ect o the petition,copies o all pleadings anddocuments relevant and
pertinent thereto, and sworncertifcation o non/ orumshopping under &ule ? .
Accompanied by a certifedtrue copy o the (udgment ororder sub(ect o the petition,copies o all pleadings anddocuments relevant and
pertinent thereto, and sworncertifcation o non/ orumshopping under &ule ? .
There is no appeal or any plain,speedy and adequate remedyin the ordinary course o law.
In0un t#3e rel#e$
)1* The court in which the petition is fled may issue orders e pediting the proceedings,and it may also grant a temporary restraining order or a writ o preliminary in(unction or thepreservation o the rights o the parties pending such proceedings. The petition shall not
interrupt the course o the principal case unless a temporary restraining order or a writ opreliminary in(unction has been issued against the public respondent rom urther proceedingin the case (Sec. ) .
) * The public respondent shall proceed with the principal case within ten )1!* days romthe fling o a petition or certiorari with a higher court or tribunal, absent a Temporary&estraining 3rder )T&3* or a =rit o 'reliminary %n(unction, or upon its e piration. ;ailure othe public respondent to proceed with the principal case may be a ground or anadministrative charge (-6 : @ @12@SC, &ec. 12, 2:: ) .
Certiorari d#&t#n8u#& ed $r!% Appeal ," Certiorari ? Pr! #,#t#!nand Mandamus d#&t#n8u#& ed $r!% In0un t#!n? / en and / ere t! =le pet#t#!n
Certiorari a& a !de !$ Appeal (Rule.)
Certiorari a& a Spe #al C#3#l A t#!n(Rule 6.)
$alled petition or review on certiorari, is a
mode o appeal, which is but acontinuation o the appellate process overthe original case-
A special civil action that is an original
action and not a mode o appeal, and nota part o the appellate process but anindependent action.
8eeks to review fnal (udgments or fnalorders-
0ay be directed against an interlocutoryorder o the court or where not appeal orplain or speedy remedy available in theordinary course o law
&aises only questions o law- &aises questions o (urisdiction because atribunal, board or o cer e ercising (udicial
or quasi/(udicial unctions has actedwithout (urisdiction or in e cess o
(urisdiction or with grave abuse odiscretion amounting to lack o
(urisdiction-
;iled within 16 days rom notice o (udgment or fnal order appealed rom, oro the denial o petitioner7s motion orreconsideration or new trial-
;iled not later than ! days rom notice o (udgment, order or resolution sought to beassailed and in case a motion orreconsideration or new trial is timely fled,whether such motion is required or not,the ! day period is counted rom noticeo denial o said motion-
5 tension o 9! days may be granted or (ustifable reasons
5 tension no longer allowed-
2oes not require a prior motion orreconsideration-
0otion or &econsideration is a conditionprecedent, sub(ect to e ceptions
8tays the (udgment appealed rom- 2oes not stay the (udgment or ordersub(ect o the petition unless en(oined orrestrained-
'arties are the original parties with theappealing party as the petitioner and theadverse party as the respondent withoutimpleading the lower court or its (udge-
The tribunal, board, o cer e ercising (udicial or quasi/(udicial unctions isimpleaded as respondent
;iled with only the 8upreme $ourt 0ay be fled with the 8upreme $ourt,$ourt o Appeals, 8andiganbayan, or&egional Trial $ourt
8$ may deny the decision motu propio onthe ground that the appeal is withoutmerit, or is prosecuted mani estly ordelay, or that the questions raised thereinare too unsubstantial to requireconsideration.
)1* The remedies o appeal and certiorari are mutually e clusive and not alternative orsuccessive. The antithetic character o appeal and certiorari has been generally recogniHed
and observed save only on those rare instances when appeal is satis actorily shown to be aninadequate remedy. Thus, a petitioner must show valid reasons why the issues raised in hispetition or certiorari could not have been raised on appeal (!anco 7ilipino Sa in s and6ort a e !an? s. C-, 335 SCR- 3: ) .
Pr! #,#t#!n and Mandamus d#&t#n8u#& ed $r!% In0un t#!n? / en and / ere t! =lepet#t#!n
Pr! #,#t#!n anda%u& In0un t#!n
'rohibition is ane traordinary writcommanding a tribunal,corporation, board orperson, whether e ercising
(udicial, quasi/(udicial orministerial unctions, todesist rom urther
proceedings when saidproceedings are without orin e cess o its (urisdiction,or with abuse o itsdiscretion, there being noappeal or any other plain,speedy and adequateremedy in the ordinarycourse o law (Sec. 2, Rule# ) .
0andamus is ane traordinary writcommanding a tribunal,corporation, board orperson, to do an actrequired to be done+
)a* =hen he unlaw ully
neglects the per ormance o an act which the lawspecifcally en(oins as aduty, and there is no otherplain, speedy and adequateremedy in the ordinarycourse o law- or
)b* =hen oneunlaw ully e cludes anotherrom the use and en(oyment
o a right or o ce to whichthe other is entitled (Sec. 3,Rule # ) .
0ain action or in(unctionseeks to en(oin thede endant rom thecommission or continuanceo a specifc act, or tocompel a particular act inviolation o the rights o theapplicant. 'reliminary
in(unction is a provisionalremedy to preserve thestatus quo and preventuture wrongs in order topreserve and protect certaininterests or rights duringthe pendency o an action.
To prevent anencroachment, e cess,usurpation or assumption o
(urisdiction-
To compel the per ormanceo a ministerial and legalduty-
;or the de endant either tore rain rom an act or toper orm not necessarily alegal and ministerial duty-
0ay be directed againstentities e ercising (udicial orquasi/(udicial, or ministerialunctions
0ay be directed against (udicial and non/(udicialentities
2irected against a party
5 tends to discretionaryunctions
5 tends only to ministerialunctions
2oes not necessarily e tendto ministerial, discretionaryor legal unctions-
Always the main action Always the main action 0ay be the main action or (ust a provisional remedy
0ay be brought in the8upreme $ourt, $ourt oAppeals, 8andiganbayan, orin the &egional Trial $ourtwhich has (urisdiction overthe territorial area whererespondent resides.
0ay be brought in the8upreme $ourt, $ourt oAppeals, 8andiganbayan, orin the &egional Trial $ourtwhich has (urisdiction overthe territorial area whererespondent resides.
0ay be brought in the&egional Trial $ourt whichhas (urisdiction over theterritorial area whererespondent resides.
)1* A petition or certiorari must be based on (urisdictional grounds because as long as therespondent acted with (urisdiction, any error committed by him or it in the e ercise thereowill amount to nothing more than an error o (udgment which may be reviewed or correctedby appeal (6icroso%t Corp. s. !est &eal Computer Center Corp., 4R 15/:2 , Sept. 25, 2::2";strera s. C-, 4R 1 523 , -u . 1#, 2::#) .
E@e t& !$ =l#n8 !$ an un%er#t!r#!u& pet#t#!n
)1* The $ourt may impose motu propio , based on res ipsa loquitur , other disciplinarysanctions or measures on erring lawyers or patently dilatory an unmeritorious petitionor certiorari (-6 : @ @12@SC, &ec. 12, 2:: ) . The court may dismiss the petition i it fndsthe same patently without merit or prosecuted mani estly or delay, or i the questions raisedtherein are too unsubstantial to require consideration. %n such event, the court may award inavor o the respondent treble costs solidarily against the petitioner and counsel, in additionto sub(ecting counsel to administrative sanctions under &ules 19 and 19 /C.
Quo Warranto (Rule 66)
)1* Quo warranto is a demand made by the state upon some individual or corporation toshow by what right they e ercise some ranchise or privilege appertaining to the state which,according to the $onstitution and laws they cannot legally e ercise by virtue o a grant andauthority rom the 8tate (55 -m. =ur. //@/ ) .
) * %t is a special civil action commenced by a verifed petition against )a* a person whousurps a public o ce, position or ranchise- )b* a public o cer who per orms an actconstituting or eiture o a public o ce- or )c* an association which acts as a corporationwithin the 'hilippines without being legally incorporated or without law ul authority to doso (Sec. 1) .
D#&t#n8u#& $r!% Quo Warranto #n t e O%n#,u& Ele t#!n C!de
u! 4arrant! (Rule 66) u! 4arrant! (Ele t#!n C!de)
8ub(ect o the petition is in relation to anappointive o ce-
8ub(ect o the petition is in relation to anelective o ce-
The issue is the legality o the occupancy
o the o ce by virtue o a legalappointment-
4rounds relied upon are+ )a* ineligibility to
the position- or )b* disloyalty to the&epublic.
'etition is brought either to the 8upreme$ourt, the $ourt o Appeals or the &egional
Trial $ourt-
0ay be instituted with the $305:5$ byany voter contesting the election o anymember o $ongress, regional, provincialor city o cer- or to the 0eT$, 0T$ or0$T$ i against any barangay o cial-
;iled within one )1* year rom the time thecause o ouster, or the right o the
petitioner to hold the o ce or positionarose-
;iled within ten )1!* days a ter theproclamation o the results o the election-
'etitioner is the person entitled to theo ce-
'etitioner may be any voter even i he isnot entitled to the o ce-
The court has to declare who the personentitled to the o ce is i he is thepetitioner.
=hen the tribunal declares the candidate/elect as ineligible, he will be unseated butthe person occupying the second placewill not be declared as the one dulyelected because the law shall consider
only the person who, having duly fled hiscertifcate o candidacy, received aplurality o votes.
4 en 8!3ern%ent !%%en e an a t#!n a8a#n&t #nd#3#dual&
)1* Quo warranto is commenced by a verifed petition brought in the name o the
4overnment o the &epublic o the 'hilippines by the 8olicitor 4eneral, or in some instances,by a public prosecutor (Secs. 2 and 3) . =hen the action is commenced by the 8olicitor4eneral, the petition may be brought in the &egional Trial $ourt o the $ity o 0anila, the$ourt o Appeals or the 8upreme $ourt (Sec. ) .
) * An action or the usurpation o a public o ce, position or ranchise may be commencedby a verifed petition brought in the name o the &epublic o the 'hilippines thru the 8olicitor4eneral against+
)a* A person who usurps, intrudes into, or unlaw ully holds or e ercises a public o ce,position or ranchise-
)b* A public o cer who does or suBers an act which, by the provision o law, constitutes aground or the or eiture o his o ce-
)c* An association which acts a corporation within the 'hilippines without being legallyincorporated or without law ul authority so to act (Sec. 1) .
4 en #nd#3#dual %a" !%%en e an a t#!n
)1* The petition may be commenced by a private person in his own name where he claims
to be entitled to the public o ce or position alleged to have been usurped or unlaw ully heldor e ercised by another (Sec. ) . Accordingly, the private person may maintain the actionwithout the intervention o the 8olicitor 4eneral and without need or any leave ocourt (9a arro s. 4imene , 1: P il. 22#" Cui s. Cui, #: P il. 3 ) . %n bringing a petitionor quo warranto , he must show that he has a clear right to the o ce allegedly being held byanother (Cue as s. !acal, 35 SCR- 33/) . %t is not enough that he merely asserts the rightto be appointed to the o ce.
;ud8%ent #n Quo Warranto a t#!n
)1* =hen the respondent is ound guilty o usurping, intruding into, or unlaw ully holding ore ercising a public o ce, position or ranchise, (udgment shall be rendered that suchrespondent be ousted and altogether e cluded there rom, and that the petitioner or relator,as the case may be, recover his costs. 8uch urther (udgment may be rendered determiningthe respective rights in and to the public o ce, position or ranchise o the parties to theaction as (ustice requires (Sec. ) .
R#8 t& !$ a per&!n ad0ud8ed ent#tled t! pu,l# !5 e
)1* % the petitioner is ad(udged to be entitled to the o ce, he may sue or damagesagainst the alleged usurper within one )1* year rom the entry o (udgment establishing hisright to the o ce in question (Sec. 11) .
E*pr!pr#at#!n (Rule 67)
)1* 5 propriation is an e ercise o the 8tate7s power o eminent domain wherein thegovernment takes a private property or public purpose upon payment o (ust compensation.
)1* An e propriation proceeding is commenced by the fling o a verifed complaint whichshall+
)a* 8tate with certainty the right o the plaintiB to e propriation and the purpose thereo -
)b* 2escribe the real or personal property sought to be e propriated- and
)c* Koin as de endants all persons owning or claiming to own, or occupying, any part o theproperty or interest therein showing as ar as practicable the interest o each de endant. %the plaintiB cannot with accuracy identi y the real owners, averment to that eBect must bemade in the complaint (Sec. 1) .
T/! &ta8e& #n e3er" a t#!n $!r e*pr!pr#at#!n
)1* 2etermination o the authority o the plaintiB to e propriate – this includes an inquiryinto the propriety o the e propriation, its necessity and the public purpose. This stage willend in the issuance o an order o e propriation i the court fnds or the plaintiB or in thedismissal o the complaint i it fnds otherwise.
) * 2etermination o (ust compensation through the court/appointedcommissioners (9ational Power Corporation s. =oson, 2:# SCR- 2:).
4 en pla#nt#@ an #%%ed#atel" enter #nt! p!&&e&&#!n !$ t e real pr!pert"+ #nrelat#!n t! RA B7
)1* 5 cept or the acquisition o right/o /way, site or location or any national governmentin rastructure pro(ect through e propriation, the e propriator shall have the right to take orenter upon the possession o the real property involved i he deposits with the authoriHedgovernment depositary an amount equivalent to the assessed value o the property orpurposes o ta ation to be held by such bank sub(ect to the orders o the court. such deposit
shall be in money, unless in lieu thereo the court authoriHes the deposit o a certifcate odeposit o a government bank o the 'hilippines payable on demand to the authoriHedgovernment depositary (Sec. 2, Rule # ) .
)1* ;or the acquisition o right/o /way, site or location or any national governmentin rastructure pro(ect through e propriation, upon the fling o the fling o the complaint, anda ter due notice to the de endant, the implementing agency shall immediately pay the ownero the property the amount equivalent to the sum o )1* 1!! percent o the value o theproperty based on the current relevant Honal valuation o the C%&- and ) * the value o the
improvements andLor structures as determined under 8ec. " o &A @ "? (Sec. 5, R- / 5) .
De$en&e& and !,0e t#!n&
)1* 3mnibus 0otion &ule M 8ub(ect to the provisions o 8ec. 1, &ule , a motion attackinga pleading, order, (udgment or proceeding shall include all ob(ections then available, and allob(ections not so included shall be deemed waived (Sec. /, Rule 1 ) .
) * % a de endant has no ob(ection or de ense to the action or the taking o his property,he may fle and serve a notice o appearance and a mani estation to that eBect, specifcallydesignating or identi ying the property in which he claims to be interested, within the timestated in the summons. Therea ter, he shall be entitled to notice o all proceedings aBectingthe same.
% a de endant has any ob(ection to the fling o or the allegations in the complaint, or anyob(ection or de ense to the taking o his property, he shall serve his answer within the timestated in the summons. The answer shall specifcally designate or identi y the property inwhich he claims to have an interest, state the nature and e tent o the interest claimed, andadduce all his ob(ections and de enses to the taking o his property. #o counterclaim, cross/claim or third/party complaint shall be alleged or allowed in the answer or any subsequentpleading.
A de endant waives all de enses and ob(ections not so alleged but the court, in the interest o (ustice, may permit amendments to the answer to be made not later than ten )1!* days romthe fling thereo . Jowever, at the trial o the issue o (ust compensation, whether or not ade endant has previously appeared or answered, he may present evidence as to the amounto the compensation to be paid or his property, and he may share in the distribution o theaward (Sec. 3) ..
Order !$ E*pr!pr#at#!n
)1* % the ob(ections to and the de enses against the right o the plaintiB to e propriate theproperty are overruled, or when no party appears to de end as required by this &ule, thecourt may issue an order o e propriation declaring that the plaintiB has a law ul right to takethe property sought to be e propriated, or the public use or purpose described in thecomplaint, upon the payment o (ust compensation to be determined as o the date o thetaking o the property or the fling o the complaint, whichever came frst.
A fnal order sustaining the right to e propriate the property may be appealed by any partyaggrieved thereby. 8uch appeal, however, shall not prevent the court rom determining the
(ust compensation to be paid.
A ter the rendition o such an order, the plaintiB shall not be permitted to dismiss ordiscontinue the proceeding e cept on such terms as the court deems (ust and equitable (Sec.5) .
A& erta#n%ent !$ 0u&t !%pen&at#!n
)1* The order o e propriation merely declares that the plaintiB has the law ul toe propriate the property but contains no ascertainment o the compensation to be paid tothe owner o the property. 8o upon the rendition o the order o e propriation, the court shallappoint not more than three )9* commissioners to ascertain the (ust compensation or theproperty. 3b(ections to the appointment may be made within 1! days rom service o theorder o appointment (Sec. ) . The commissioners are entitled to ees and their ees shall beta ed as part o the costs o the proceedings, and all costs shall be paid by the plaintiBe cept those costs o rival claimants litigating their claims (Sec. 12) .
) * =here the principal issue is the determination o (ust compensation, a hearing be orethe commissioners is indispensable to allow the parties to present evidence on the issue o
(ust compensation. Although the fndings o the commissioners may be disregarded and thetrial court may substitute its own estimate o the value, the latter may do so only or validreasons, that is where the commissioners have applied illegal principles to the evidence
submitted to them, where they have disregarded a clear preponderance o evidence, orwhere the amount allowed is either grossly inadequate or e cessive.
)1* Appointment. Gpon the rendition o the order o e propriation, the court shall appointnot more than three )9* competent and disinterested persons as commissioners to ascertainand report to the court the (ust compensation or the property sought to be taken. The ordero appointment shall designate the time and place o the frst session o the hearing to beheld by the commissioners and speci y the time within which their report shall be submitted
to the court.$opies o the order shall be served on the parties. 3b(ections to the appointment o any othe commissioners shall be fled with the court within ten )1!* days rom service, and shall beresolved within thirty )9!* days a ter all the commissioners shall have received copies o theob(ections (Sec. ) .
) * 'roceedings. Ce ore entering upon the per ormance o their duties, the commissionersshall take and subscribe an oath that they will aith ully per orm their duties ascommissioners, which oath shall be fled in court with the other proceedings in the case.5vidence may be introduced by either party be ore the commissioners who are authoriHed to
administer oaths on hearings be ore them, and the commissioners shall, unless the partiesconsent to the contrary, a ter due notice to the parties to attend, view and e amine theproperty sought to be e propriated and its surroundings, and may measure the same, a terwhich either party may, by himsel or counsel, argue the case. The commissioners shallassess the consequential damages to the property not taken and deduct rom suchconsequential damages the consequential benefts to be derived by the owner rom thepublic use or purpose o the property taken, the operation o its ranchise by the corporationor the carrying on o the business o the corporation or person taking the property. Cut in nocase shall the consequential benefts assessed e ceed the consequential damages assessed,or the owner be deprived o the actual value o his property so taken (Sec. #) .
)9* &eport. The court may order the commissioners to report when any particular portiono the real estate shall have been passed upon by them, and may render (udgment uponsuch partial report, and direct the commissioners to proceed with their work as tosubsequent portions o the property sought to be e propriated, and may rom time to time sodeal with such property. The commissioners shall make a ull and accurate report to the courto all their proceedings, and such proceedings shall not be eBectual until the court shall haveaccepted their report and rendered (udgment in accordance with their recommendations.5 cept as otherwise e pressly ordered by the court, such report shall be fled within si ty
) !* days rom the date the commissioners were notifed o their appointment, which timemay be e tended in the discretion o the court. Gpon the fling o such report, the clerk o thecourt shall serve copies thereo on all interested parties, with notice that they are allowedten )1!* days within which to fle ob(ections to the fndings o the report, i they sodesire (Sec. ) .
)?* Action upon the report. Gpon the e piration o the period o ten )1!* days re erred to inthe preceding section, or even be ore the e piration o such period but a ter all the interestedparties have fled their ob(ections to the report or their statement o agreement therewith,the court may, a ter hearing, accept the report and render (udgment in accordancetherewith- or, or cause shown, it may recommit the same to the commissioners or urther
report o acts- or it may set aside the report and appoint new commissioners- or it mayaccept the report in part and re(ect it in part- and it may make such order or render such
(udgment as shall secure to the plaintiB the property essential to the e ercise o his right oe propriation, and to the de endant (ust compensation or the property so taken (Sec. /) .
R#8 t& !$ pla#nt#@ up!n 0ud8%ent and pa"%ent
)1* A ter payment o the (ust compensation as determined in the (udgment, the plaintiBshall have the right to enter upon the property e propriated and to appropriate the same or
the public use or purpose defned in the (udgment or to retain possession already previouslymade in accordance with 8ec. , &ule ".
) * Title to the property e propriated passes rom the owner to the e propriator upon ullpayment o (ust compensation (7ederated Realt Corp. s. C-, 5 SCR- : ) .
E@e t !$ re !rd#n8 !$ 0ud8%ent
)1* The (udgment entered in e propriation proceedings shall state defnitely, by anadequate description, the particular property or interest therein e propriated, and the nature
o the public use or purpose or which it is e propriated. =hen real estate is e propriated, acertifed copy o such (udgment shall be recorded in the registry o deeds o the place inwhich the property is situated, and its eBect shall be to vest in the plaintiB the title to thereal estate so described or such public use or purpose (Sec. 13) .
!re l!&ure !$ Real E&tate !rt8a8e (Rule 6 )
)1* A real estate mortgage is an accessory contract e ecuted by a debtor in avor o acreditor as security or the principal obligation. This principal obligation is a simple loan
or mutuum described in Art. 1 69, $ivil $ode. To be a real estate mortgage, the contractmust be constituted on either immovables )real property* or inalienable real rights. %constituted on movables, the contract is a chattel mortgage (-rt. 2125, CC) .
) * A mortgage contract may have a provision in which the mortgage is a security or past,present and uture indebtedness. This clause known as a dra net clause or +lan?et mort a eclause has its origins in American (urisprudence. The 8upreme $ourt ruled that mortgagesgiven to secure uture advancements are valid and legal contracts (Prudential !an? s.
-l iar, 5#5 SCR- 3 3) .
;ud8%ent !n $!re l!&ure $!r pa"%ent !r &ale
)1* % a ter the trial, the court fnds that the matters set orth in the complaint are true, itshall render a (udgment containing the ollowing matters+
)a* An ascertainment o the amount due to the plaintiB upon the mortgage debt orobligation, including interest and other charges as approved by the court, as well as costs-
)b* A (udgment o the sum ound due-
)c* An order that the amount ound due be paid to the court or to the (udgment obligeewithin the period o not less than ! days nor more than 1 ! days rom the entry o
(udgment- and
)d* An admonition that in de ault o such payment the property shall be sold at publicauction to satis y the (udgment (Sec. 2) .
) * The (udgment o the court on the above matters is considered a fnal ad(udication othe case and hence, is sub(ect to challenge by the aggrieved party by appeal or by otherpost/(udgment remedies.
)9* The period granted to the mortgagor or the payment o the amount ound due by thecourt is not (ust a procedural requirement but s substantive right given by law to themortgagee as his frst chance to save his property rom fnal disposition at the oreclosuresale (&e *eon s. 8+aBe , P il. 11 ) .
Sale !$ %!rt8a8ed pr!pert"? e@e t
)1* The confrmation o the sale shall divest the rights in the property o all parties to theaction and shall vest their rights in the purchaser, sub(ect to such rights o redemption asmay be allowed by law (Sec. 3) . The title vests in the purchaser upon a valid confrmation othe sale and retroacts to the date o sale (4rimalt s. asque , 3# P il. 3 #) .
) * The import o 8ec. 9 includes one vital eBect+ The equity o redemption o themortgagor or redemptioner is cut/oB and there will be no urther redemption, unless allowedby law )as in the case o banks as mortgagees*. The equity o redemption starts rom theninety/day period set in the (udgment o the court up to the time be ore the sale is confrmedby an order o the court. once confrmed, no equity o redemption may urther be e ercised.
)9* The order o confrmation is appealable and i not appealed within the period or appealbecomes fnal. Gpon the fnality o the order o confrmation or upon the e piration o the
period o redemption when allowed by law, the purchaser at the auction sale or lastredemptioner, i any, shall be entitled to the possession o the property and he may secure awrit o possession, upon, motion, rom the court which ordered the oreclosure unless a thirdparty is actually holding the same adversely to the (udgment obligor (Sec. 3) .
D#&p!&#t#!n !$ pr! eed& !$ &ale
)1* The proceeds o the sale o the mortgaged property shall, a ter deducting the costs othe sale, be paid to the person oreclosing the mortgage, and when there shall be any
balance or residue a ter paying oB the mortgage debt due, the same shall be paid to (uniorencumbrancers in the order o their priority. % there be any urther balance a ter paying themor i there be no (unior encumbrancers, the same shall be paid to the mortgagor or anyperson entitled thereto (Sec. 5) .
De= #en " 0ud8%ent
)1* % there be a balance due to the plaintiB a ter applying the proceeds o the sale, thecourt, upon motion, shall render (udgment against the de endant or any such balance.5 ecution may issue immediately i the balance is all due the plaintiB shall be entitled toe ecution at such time as the remaining balance shall become due and such due date shallbe stated in the (udgment (Sec. #) . #ote that the defciency (udgment is in itsel a (udgmenthence, also appealable.
) * #o independent action need be fled to recover the defciency rom the mortgagor. Thedefciency (udgment shall be rendered upon motion o the mortgagee. The motion must bemade only a ter the sale and a ter it is known that a defciency e ists. Ce ore that, any courtorder to recover the defciency is void (4o t. o% P8 s. <orral+a, #1 P il. #/ ) . %t has been held
that the mortgagor who is not the debtor and who merely e ecuted the mortgage to securethe principal debtor7s obligation, is not liable or the defciency unless he assumed liability orthe same in the contract (P ilippine <rust Co. s. ;c aus <an Siua, 2 P il. / 2) . 8ince adefciency (udgment cannot be obtained against the mortgagore who is not the debtor in theprincipal obligation, mortgagee may have to fle a separate suit against the principal debtor.
)1* =here the debtor/mortgagor is a non/resident and who at the time o the fling o theaction or oreclosure and during the pendency o the proceedings was outside the'hilippines, it is believed that a defciency (udgment under 8ec. would not be procedurallyeasible. A defciency (udgment is by nature in personam and (urisdiction over the person ismandatory. Javing been outside the country, (urisdiction over his person could not havebeen acquired.
E*tra-0ud# #al !re l!&ure (A t '1'.) ;ud# #al $!re l!&ure (Rule 6 )
#o complaint is fled- $omplaint is fled with the courts-
There is a right o redemption. 0ortgagor hasa right o redemption or 1 year romregistration o the sale-
#o right o redemption e cept whenmortgagee is a banking institution- equity oredemption only ) ! to 1 ! days, and anytime be ore confrmation o oreclosure sale*-
0ortgagee has to fle a separate action torecover any defciency-
0ortagagee can move or defciency (udgmentin the same action
Cuyer at public auction becomes absolute
owner only a ter fnality o an action orconsolidation o ownership-
Cuyer at public auction becomes absolute
owner only a ter confrmation o the sale-
0ortgagee is given a special power o attorneyin the mortgage contract to oreclose themortgaged property in case o de ault.
0ortgagee need not be given a special powero attorney.
The right o de endant mortgagor toe tinguish the mortgage and retainownership o the property by paying thedebt within ! to 1 ! days a ter the entryo (udgment or even a ter the oreclosuresale but prior to confrmation.
A right granted to a debtor mortgagor, hissuccessor in interest or any (udicialcreditor or (udgment creditor or anyperson having a lien on the propertysubsequent to the mortgage or deed otrust under which the property is sold torepurchase the property within one yeareven a ter the confrmation o the sale andeven a ter the registration o thecertifcate o oreclosure sale.
0ay be e ercised even a ter theoreclosure sale provided it is made be orethe sale is confrmed by order o the court.
There is no right o redemption in a (udicial oreclosure o mortgage under&ule @. This right o redemption e istsonly in e tra(udicial oreclosures wherethere is always a right o redemptionwithin one year rom the date o sale (Sec.
3, -ct 313 ) , but interpreted by the $ourtto mean one year rom the registration othe sale.
0ay also e ist in avor or otherencumbrances. % subsequent lien holdersare not impleaded as parties in theoreclosure suit, the (udgment in avor othe oreclosing mortgagee does not bindthe other lien holders. %n this case, theirequity o redemption remainsun oreclosed. A separate oreclosureproceeding has to be brought againstthem to require them to redeem rom thefrst mortgagee or rom the partyacquiring the title to the mortgagedproperty.
4eneral rule+ %n (udicial oreclosures thereis only an equity o redemption which canbe e ercised prior to the confrmation othe oreclosure sale. This means that a terthe oreclosure sale but be ore itsconfrmation, the mortgagor may e ercisehis right o pay the proceeds o the saleand prevent the confrmation o the sale.
% not by banks, the mortgagors merelyhave an equity o redemption, which issimply their right, as mortgagor, toe tinguish the mortgage and retainownership o the property by paying thesecured debt prior to the confrmation othe oreclosure sale.
5 ception+ there is a right o redemption ithe oreclosure is in avor o banks asmortgagees, whether the oreclosure be
(udicial or e tra(udicial. This right oredemption is e plicitly provided in 8ec.?" o the 4eneral Canking :aw o !!!.=hile the law mentions the redemptionperiod to be one year counted rom thedate o registration o the certifcate in the&egistry o 'roperty
Part#t#!n (Rule 6B)
)1* 'artition is the separation, division and assignment o a thing held in common amongthose to whom it may belong (Cru s. C-, 5 # SCR- 1# ) . %t presupposes the e istence o aco/ownership over a property between two or more persons. The rule allowing partitionoriginates rom a well/known principle embodied in the $ivil $ode, that no co/owner shall beobliged to remain the co/ownership. Cecause o this rule, he may demand at any time thepartition o the property owned in common (-rt. 5 5) .
) * %nstances when a co/owner may not demand partition at any time+
)1* The action shall be brought by the person who has a right to compel the partition oreal estate (Sec. 1) or o an estate composed o personal property, or both real and personalproperty (Sec. 13) . The plaintiB is a person who is supposed to be a co/owner o the property
or estate sought to be partitioned. The de endants are all the co/owners. All the co/ownersmust be (oined. Accordingly, an action will not lie without the (oinder o all co/owners andother persons having interest in the property (Re es s. Cordero, 5# P il. # /) . All the co/owners, there ore, are indispensable parties.
atter& t! alle8e #n t e !%pla#nt $!r part#t#!n
)1* The plaintiB shall state in his complaint, the nature and e tent o his title, an adequatedescription o the real estate o which partition is demanded, and shall (oin as de endants allother persons interested in the property (Sec. 1) . Je must also include a demand or theaccounting o the rents, profts and other income rom the property which he may be entitled
to (Sec. /) . These cannot be demanded in another action because they are parts o the causeo action or partition. They will be barred i not set up in the same action pursuant to therule against splitting a single cause o action.
T/! (2) &ta8e& #n e3er" a t#!n $!r part#t#!n
)1* A reading o the &ules will reveal that there are actually three )9* stages in the action,each o which could be the sub(ect o appeal+ )a* the order o partition where the property othe partition is determined- )b* the (udgment as to the accounting o the ruits and income othe property- and )c* the (udgment o partition (Riano, Ci il Procedure (- Restatement %or t e!ar), 2:: ) .
Order !$ part#t#!n and part#t#!n ," a8ree%ent
)1* 2uring the trial, the court shall determine whether or not the plaintiB is truly a co/owner o the property, that there is indeed a co/ownership among the parties, and that apartition is not legally proscribed thus may be allowed. % the court so fnds that the acts aresuch that a partition would be in order, and that the plaintiB has a right to demand partition,the court will issue an order o partition.
) * The court shall order the partition o the property among all the parties in interest, ia ter trial it fnds that the plaintiB has the right to partition (Sec. 2) . %t was held that thisorder o partition including an order directing an accounting is fnal and not interlocutory andhence, appealable- thus, revoking previous contrary rulings on the matter. A fnal orderdecreeing partition and accounting may be appealed by any party aggrieved thereby.
)9* 'artition by agreement. The order o partition is one that directs the parties or co/owners to partition the property and the parties may make the partition among themselvesby proper instruments o conveyance, i they agree among themselves. % they do agree, thecourt shall then confrm the partition so agreed upon by all o the parties, and such partition,together with the order o the court confrming the same, shall be recorded in the registry odeeds o the place in which the property is situated (Sec. 2) . There always e ists thepossibility that the co/owners are unable to agree on the partition. % they cannot partition
8ec. 9. Commissioners to ma?e partition w en parties %ail to a ree. M % the parties areunable to agree upon the partition, the court shall appoint not more than three )9* competentand disinterested persons as commissioners to make the partition, commanding them to setoB to the plaintiB and to each party in interest such part and proportion o the property asthe court shall direct.
8ec. ?. 0at and duties o% commissioners. M Ce ore making such partition, thecommissioners shall take and subscribe an oath that they will aith ully per orm their dutiesas commissioners, which oath shall be fled in court with the other proceedings in the case. %nmaking the partition, the commissioners shall view and e amine the real estate, a ter duenotice to the parties to attend at such view and e amination, and shall hear the parties as totheir pre erence in the portion o the property to be set apart to them and the comparative
value thereo , and shall set apart the same to the parties in lots or parcels as will be mostadvantageous and equitable, having due regard to the improvements, situation and qualityo the diBerent parts thereo .
8ec. 6. -ssi nment or sale o% real estate + commissioners. M =hen it is made to appear tothe commissioners that the real estate, or a portion thereo , cannot be divided withoutpre(udice to the interests o the parties, the court may order it assigned to one o the partieswilling to take the same, provided he pays to the other parties such amounts as thecommissioners deem equitable, unless one o the interested parties asks that the propertybe sold instead o being so assigned, in which case the court shall order the commissionersto sell the real estate at public sale under such conditions and within such time as the court
may determine.
8ec. . Report o% commissioners" proceedin s not +indin until conDrmed. M Thecommissioners shall make a ull and accurate report to the court o all their proceedings as tothe partition, or the assignment o real estate to one o the parties, or the sale o the same.Gpon the fling o such report, the clerk o court shall serve copies thereo on all theinterested parties with notice that they are allowed ten )1!* days within which to fleob(ections to the fndings o the report, i they so desire. #o proceeding had be ore orconducted by the commissioners shall pass the title to the property or bind the parties untilthe court shall have accepted the report o the commissioners and rendered (udgmentthereon.
8ec. ". -ction o% t e court upon commissionersE report. M Gpon the e piration o the periodo ten )1!* days re erred to in the preceding section, or even be ore the e piration o suchperiod but a ter the interested parties have fled their ob(ections to the report or theirstatement o agreement therewith, the court may, upon hearing, accept the report andrender (udgment in accordance therewith- or, or cause shown, recommit the same to thecommissioners or urther report o acts- or set aside the report and appoint newcommissioners- or accept the report in part and re(ect it in part- and may make such orderand render such (udgment as shall eBectuate a air and (ust partition o the real estate, or oits value, i assigned or sold as above provided, between the several owners thereo .
;ud8%ent and #t& e@e t&
)1* The (udgment shall state defnitely, by metes and bounds and adequate description,the particular portion o the real estate assigned to each party, the eBect o the (udgmentshall be to vest in each party to the action in severalty the portion o the real estate assignedto him.
) * % the whole property is assigned to one o the parties upon his paying to the others thesum or sums ordered by the court, the (udgment shall state the act o such payment and o
the assignment o the real estate to the party making the payment, and the eBect o the (udgment shall be to vest in the party making the payment the whole o the real estate ree
rom any interest on the part o the other parties to the action.
)9* % the property is sold and the sale confrmed by the court, the (udgment shall state thename o the purchaser or purchasers and a defnite description o the parcels o real estatesold to each purchaser, and the eBect o the (udgment shall be to vest the real estate in thepurchaser or purchasers making the payment or payments, ree rom the claims o any o theparties to the action.
)?* A certifed copy o the (udgment shall in either case be recorded in the registry odeeds o the place in which the real estate is situated, and the e penses o such recordingshall be ta ed as part o the costs o the action (Sec. 11) .
Part#t#!n !$ per&!nal pr!pert"
)1* The provisions o this &ule shall apply to partitions o estates composed o personalproperty, or o both real and personal property, in so ar as the same may be applicable (Sec.13) .
Pre& r#pt#!n !$ a t#!n
)1* 'rescription o action does not run in avor o a co/owner or co/heir against his co/owner or co/heirs as long as there is a recognition o the co/ownership e pressly orimpliedly (-rt. 5 5) .
) * The action or partition cannot be barred by prescription as long as the co/ownershipe ists (- uirre s. C-, 521 SCR- 31:) .
)9* Cut while the action to demand partition o a co/owned property does not prescribe, aco/owner may acquire ownership thereo by prescription where there e ists a clearrepudiation o the co/ownership and the co/owners are apprised o the claim o adverse ande clusive ownership.
!r #,le Entr" and Unla/$ul Deta#ner (Rule 7 )
)1* The actions or orcible entry and unlaw ul detainer belong to the class o actionsknown by the generic name accion interdictal )e(ectment* where the issue is the right ophysical or material possession o the sub(ect real property independent o any claim oownership by the parties involved (6endo a s. C-, 5 2 SCR- 11 [2:: ]) .
) * -ccion 8nterdictal comprises two distinct causes o action+
)a* ;orcible entry (detentacion) , where one is deprived o physical possession o realproperty by means o orce, intimidation, strategy, threats or stealth-
)b* Gnlaw ul 2etainer (desa uico) , where one illegally withholds possession a ter thee piration or termination o his right to hold possession under any contract, e press orimplied.
De=n#t#!n& and D#&t#n t#!n
!r #,le Entr" Unla/$ul Deta#ner
The possession o the de endant isunlaw ul rom the beginning- issue iswhich party has prior de %acto possession-
The possession o the de endant is law ulrom the beginning becomes illegal byreason o the e piration or termination ohis right to the possession o the property-
The law does not require previous demandor the de endant to vacate-
'laintiB must frst make such demandwhich is (urisdictional in nature-
The plaintiB must prove that he was inprior physical possession o the premisesuntil he was deprived by the de endant-and
The plaintiB need not have been in priorphysical possession-
The one year period is generally countedrom the date o actual entry on theproperty.
The one/year period is counted rom thedate o last demand.
D#&t#n8u#& ed $r!% accion publiciana and accion reinvindicatoria
A #!n Pu,l# #ana A #!n Re#n3#nd# at!r#a
A plenary ordinary civil action or the recovery othe better right o possession )(uridicalpossession*, must be fled a ter the e piration oone year rom the accrual o the cause o actionor rom the unlaw ul withholding o possession othe realty. %n other words, i at the time o thefling o the complaint more than one year hadelapsed since de endant had turned plaintiB outo possession or de endant7s possession hadbecome illegal, the action will be not one oorcible entry or unlaw ul detainer but an accion
pu+liciana ( alde s, C-, 4R 132525, 6a 2,2::#) .
An action or the recovery o thee ercise o ownership, particularlyrecovery o possession as anattribute or incident o ownership-
The basis o the recovery o possession is theplaintiB7s real right o possession or Fus
possessionis , which is the right to the possessiono the real property independent o ownership.
The basis or the recovery opossession is ownership itsel .
)1* The actions o orcible entry and unlaw ul detainer are within the e clusive and original (urisdiction o the 0T$, 0eT$ and 0$T$ (Sec. 33[2], !P 12 " R- # 1) and shall be governedby the rules on summary procedure irrespective o the amount o damages or rental soughtto be recovered (Sec. 3, Rule :) .
) * %n actions or orcible entry, two allegations are mandatory or the 0T$ to acquire (urisdiction+ )a* plaintiB must allege his prior physical possession o the property- and )b* hemust also allege that he was deprived o his possession by orce, intimidation, strategy,
threat or stealth. % the alleged dispossession did not occur by any o these means, theproper recourse is to fle not an action or orcible entry but a plenary action to recoverpossession (!en uet Corp. Cordillera Cara+allo 6ission, 4R 1 353, Sept. 2, 2:: ) .
)9* Coth actions must be brought within one year rom the date o actual entry on theland, in case o orcible entry, and rom the date o last demand, in case o unlaw uldetainer ( alde s. C-, 4R 132525, 6a 2, 2::#) .
)?* Kurisdiction is determined by the allegations o the complaint. The mere raising o theissue o tenancy does not automatically divest the court o (urisdiction because the
(urisdiction o the court is determined by the allegations o the complaint and is not
dependent upon the de enses set up by the de endant (6arino, =r. s. -lamis, 5 : SCR- 1 /[2:: ]) .
4 ! %a" #n&t#tute t e a t#!n and / en? a8a#n&t / !% t e a t#!n %a" ,e%a#nta#ned
)1* 8ub(ect to the provisions o the ne t succeeding section, a person deprived o thepossession o any land or building by orce, intimidation, threat, strategy, or stealth, or alessor, vendor, vendee, or other person against whom the possession o any land or buildingis unlaw ully withheld a ter the e piration or termination o the right to hold possession, byvirtue o any contract, e press or implied, or the legal representatives or assigns o any suchlessor, vendor, vendee, or other person, may, at any time within one )1* year a ter suchunlaw ul deprivation or withholding o possession, bring an action in the proper 0unicipal
Trial $ourt against the person or persons unlaw ully withholding or depriving o possession, orany person or persons claiming under them, or the restitution o such possession, togetherwith damages and costs (Sec. 1) .
) * Gnless otherwise stipulated, such action by the lessor shall be commenced only a ter
demand to pay or comply with the conditions o the lease and to vacate is made upon thelessee, or by serving written notice o such demand upon the person ound on the premises,or by posting such notice on the premises i no person be ound thereon, and the lessee ailsto comply therewith a ter f teen )16* days in the case o land or fve )6* days in the case obuildings (Sec. 2) .
Plead#n8& all!/ed
)1* The only pleadings allowed to be fled are the complaint, compulsory counterclaim andcross/claim pleaded in the answer, and the answers thereto. All pleadings shall beverifed (Sec. 5) .
A t#!n !n t e !%pla#nt
)1* The court may, rom an e amination o the allegations in the complaint and suchevidence as may be attached thereto, dismiss the case outright on any o the grounds or thedismissal o a civil action which are apparent therein. % no ground or dismissal is ound, itshall orthwith issue summons (Sec. ) .
4 en de%and #& ne e&&ar"
)1* Gnless there e ists a stipulation to the contrary, an unlaw ul detainer case shall becommenced only a ter the demand to pay or comply with the conditions o the lease and tovacate is made upon the lessee (Sec. 2) . The requirement or a demand implies that themere ailure o the occupant to pay rentals or his ailure to comply with the conditions o thelease does not ipso %acto render his possession o the premises unlaw ul. %t is the ailure tocomply with the demand that vests upon the lessor a cause o action.
) * The demand may be in the orm o a written notice served upon the person ound inthe premises. The demand may also be made by posting a written notice on the premises ino person can be ound thereon (Sec. 2) . %t has been ruled, however, that the demand upon atenant may be oral (=a?i aca s. -quino, 1/1 SCR- # ) . 8u cient evidence must be adducedto show that there was indeed a demand like testimonies rom disinterested and unbiasedwitnesses.
Prel#%#nar" #n0un t#!n and prel#%#nar" %andat!r" #n0un t#!n
)1* The court may grant preliminary in(unction, in accordance with the provisions o &ule6@, to prevent the de endant rom committing urther acts o dispossession against theplaintiB. A possessor deprived o his possession through orcible entry or unlaw ul detainermay, within fve )6* days rom the fling o the complaint, present a motion in the action ororcible entry or unlaw ul detainer or the issuance o a writ o preliminary mandatoryin(unction to restore him in his possession. The court shall decide the motion within thirty)9!* days rom the fling thereo (Sec. 1 ) .
Re&!l3#n8 de$en&e !$ !/ner& #p
)1* The assertion by the de endant o ownership over the disputed property does not serveto divest the in erior court o its (urisdiction. The de endant cannot deprive the court o
(urisdiction by merely claiming ownership o the property involved (Rural !an? o% Sta. 8 nacias. &imatulac, 5:1 SCR- 52" Pere s. Cru , 5:5 SCR- 5/ ) . % the de endant raises thequestion o ownership and the issue o possession cannot be resolved without deciding thequestion o ownership, the issue o ownership shall be resolved only to determine the issueo possession (Sec. 3, R- # 1) .
) * =hen the de endant raises the issue o ownership, the court may resolve the issue oownership only under the ollowing conditions+
)a* =hen the issue o possession cannot be resolved without resolving the issue oownership- and
)b* The issue o ownership shall be resolved only to determine the issue opossession (Sec. 1#) .
8uch (udgment would not bar an action between the same parties respecting title to the landor building. The resolution o the 0eT$ on the ownership o the property is merely provisionalor interlocutory. Any question involving the issue o ownership should be raised and resolvedin a separate action brought specifcally to settle the question with fnality (Ro+erts s. Papio,4R 1## 15, 7e+. , 2:: ) .
!/ t! &ta" t e #%%ed#ate e*e ut#!n !$ 0ud8%ent
)1* 2e endant must take the ollowing steps to stay the e ecution o the (udgment+
)a* 'er ect an appeal-
)b* ;ile a supersedeas bond to pay or the rents, damages and costs accruing down to thetime o the (udgment appealed rom- and
)c* 2eposit periodically with the &T$, during the pendency o the appeal, the ad(udgedamount o rent due under the contract or i there be no contract, the reasonable value o theuse and occupation o the premises (Sec. 1 ) .
) * 5 ceptions to the rule+
)a* =here delay in the deposit is due to raud, accident, mistake, or e cusable negligence-
)b* =here supervening events occur subsequent to the (udgment bringing about a
material change in the situation o the parties which makes e ecution inequitable- and
)c* =here there is no compelling urgency or the e ecution because it is not (ustifed bythe circumstances.
Su%%ar" pr! edure+ pr! #,#ted plead#n8&
)1* ;orcible entry and unlaw ul detainer actions are summary in nature designed toprovide or an e peditious means o protecting actual possession or the right to possession o the property involved (<u+iano s. Ria o, 33 SCR- 31) . These action shall both all under
the coverage o the &ules o 8ummary 'rocedure irrespective o the amount o damages orunpaid rental sought to be recovered (Sec. 3) .
) * 'rohibited pleadings and motions+
)a* 0otion to dismiss the complaint e cept on the ground o lack o (urisdiction over thesub(ect matter, or ailure to comply with section 1 -
)b* 0otion or a bill o particulars-
)c* 0otion or new trial, or or reconsideration o a (udgment, or or reopening o trial-
)d* 'etition or relie rom (udgment-
)e* 0otion or e tension o time to fle pleadings, a davits or any other paper-
) * 0emoranda-
)g* 'etition or certiorari, mandamus, or prohibition against any interlocutory order issuedby the court-
)h* 0otion to declare the de endant in de ault-
)i* 2ilatory motions or postponement-
)(* &eply-
)k* Third/party complaints-
)l* %nterventions
C!nte%pt (Rule 71)
)1* $ontempt is a disregard o , or disobedience to the rules or orders o a (udicial body, oran interruption o its proceedings by disorderly behavior or insolent language, in its presenceor so near thereto as to disturb the proceedings or to impair the respect due to suchbody (1 C.=.S. 5) .
) * $ontempt o court is disobedience to the court by acting in opposition to its authority, (ustice and dignity. %t signifes not only a will ul disregard or disobedience o the court7sorders but also conduct tending to bring the authority o the court and the administration olaw into disrepute or, in some manner to impede the due administration o (ustice (Si s.9*RC, 4R 1 / 1, -us . 2 , 2:: ) .
)9* The reason or the power to punish or contempt is that respect o the courtsguarantees the stability o their institution. =ithout such guarantee, said institution would beresting on shaky oundation (CorneFo s.<an, / P il. 2) .
)?* %t is inherent in all courts- its e istence is essential to the preservation o order in (udicial proceedings and to the en orcement o (udgments, orders and mandates o thecourts, and consequently, to the due administration o (ustice (Per?ins s. &irector o% Prisons,/ P il. 2 1) .
)6* $ontempt proceedings has dual unction+
)a* >indication o public interest by punishment o contemptuous conduct- and
)b* $oercion to compel the contemnor to do what the law requires him to uphold the powero the $ourt, and also to secure the rights o the parties to a suit awarded by the$ourt (Re alado s. 4o, 4R 1# //, 7e+. #, 2:: ) .
#nd& !$ !nte%pt? Purp!&e and nature !$ ea
)1* $ivil or $riminal, depending on the nature and eBect o the contemptuous act.
) * 2irect or indirect, according to the manner o commission.
C#3#l C!nte%pt Cr#%#nal C!nte%pt
%t is the ailure to do something ordered tobe done by a court or a (udge or thebeneft o the opposing party therein andis there ore and oBense against the partyin whose behal the violated order wasmade-
%t is a conduct directed against theauthority and dignity o the court or a
(udge acting (udicially- it is an obstructingthe administration o (ustice which tendsto bring the court into disrepute ordisrespect-
The purpose is to compensate or thebeneft o a party-
The purpose is to punish, to vindicate theauthority o the court and protect itsoutraged dignity-
The rules o procedure governingcontempt proceedings or criminalprosecutions ordinarily are inapplicable tocivil contempt proceedings.
8hould be conducted in accordance withthe principles and rules applicable tocriminal cases, inso ar as such procedureis consistent with the summary nature ocontempt proceedings.
D#re t C!nte%pt Ind#re t C!nte%pt
%n general is committed in thepresence o or so near the court or
(udge as to obstruct or interrupt theproceedings be ore it-
%t is not committed in the presence o thecourt, but done at a distance which tends tobelittle, degrade, obstruct or embarrass thecourt and (ustice-
Acts constituting direct contempt are+
a* 0isbehavior in the presence o orso near the court as to obstruct orinterrupt the proceedings be ore it-
b* 2isrespect toward the court-
c* 3Bensive personalities towardsothers-
d* &e usal to be sworn as a witnessor to answer as a witness-
e* &e usal to subscribe an a davitor deposition when law ully requiredto do so (Sec. 1) -
* Acts o a party or a counsel whichconstitute will ul and deliberate orumshopping (Sec. 1, Rule ) -
g* Gn ounded accusations orallegations or words in a pleading
tending to embarrass the court or tobring it into disrepute (ReG *etterdated 21 7e+. 2:: o% -tt . 9oelSorreda, 5#5 SCR- 32) -
Acts constituting indirect contempt are+
)a* 0isbehavior an o cer o a court in theper ormance o his o cial duties or in hiso cial transactions-
)b* 2isobedience o or resistance to a law ulwrit, process, order, or (udgment o a court,including the act o a person who, a ter beingdispossessed or e(ected rom any real propertyby the (udgment or process o any court ocompetent (urisdiction, enters or attempts or
induces another to enter into or upon suchreal property, or the purpose o e ecutingacts o ownership or possession, or in anymanner disturbs the possession given to theperson ad(udged to be entitled thereto-
)c* Any abuse o or any unlaw ul inter erencewith the processes or proceedings o a courtnot constituting direct contempt under section1 o this &ule-
)d* Any improper conduct tending, directly orindirectly, to impede, obstruct, or degrade theadministration o (ustice-
)e* Assuming to be an attorney or an o cero a court, and acting as such withoutauthority-
)g* The rescue, or attempted rescue, o aperson or property in the custody o an o cerby virtue o an order or process o a court heldby him (Sec. 3) -
Re%ed" a8a#n&t d#re t !nte%pt? penalt"
)1* The penalty or direct contempt depends upon the court which the act was committed-
)a* % the act constituting direct contempt was committed against an &T$ or a court oequivalent or higher rank, the penalty is a fne not e ceeding ,!!! pesos or imprisonmentnot e ceeding 1! days, or both-
)b* % the act constituting direct contempt was committed against a lower court, thepenalty is a fne not e ceeding !! pesos or imprisonment not e ceeding one )1* day, orboth (Sec. 1) 7-
)c* % the contempt consists in the re usal or omission to do an act which is yet within thepower o the respondent to per orm, he may be imprisoned by order o the court concerneduntil he per orms it (Sec. /) .
) * A person ad(udged in direct contempt may not appeal there rom. Jis remedy is apetition or certiorari or prohibition directed against the court which ad(udged him in directcontempt (Sec. 2) . 'ending the resolution o the petition or certiorari or prohibition, thee ecution o the (udgment or direct contempt shall be suspended. The suspension howevershall take place only i the person ad(udged in contempt fles a bond f ed by the court whichrendered the (udgment. This bond is conditioned upon his per ormance o the (udgmentshould the petition be decided against him.
Re%ed" a8a#n&t #nd#re t !nte%pt? penalt"
)1* The punishment or indirect contempt depends upon the level o the court againstwhich the act was committed-
)a* =here the act was committed against an &T$ or a court o equivalent or higher rank,he may be punished by a fne not e ceeding 9!,!!! pesos or imprisonment not e ceeding months, or both-
)b* =here the act was committed against a lower court, he may be punished by a fne note ceeding 6,!!! pesos or imprisonment not e ceeding one month, or both. Aside rom theapplicable penalties, i the contempt consists in the violation o a writ o in(unction, T&3or status quo order, he may also be ordered to make complete restitution to the party in(uredby such violation o the property involved or such amount as may be alleged andproved (Sec. ) -
)c* =here the act was committed against a person or entity e ercising quasi/(udicialunctions, the penalty imposed shall depend upon the provisions o the law which authoriHesa penalty or contempt against such persons or entities.
) * The person ad(udged in indirect contempt may appeal rom the (udgment or fnal ordero the court in the same manner as in criminal cases. The appeal will not however have theeBect o suspending the (udgment i the person ad(udged in contempt does not fle a bond inan amount f ed by the court rom which the appeal is taken. This bond is conditioned uponhis per ormance o the (udgment or fnal order i the appeal is decided against (Sec. 11) .
)1* 'roceedings or indirect contempt may be initiated motu proprio by the court againstwhich the contempt was committed by an order or any other ormal charge requiring therespondent to show cause why he should not be punished or contempt.
%n all other cases, charges or indirect contempt shall be commenced by a verifed petitionwith supporting particulars and certifed true copies o documents or papers involved therein,and upon ull compliance with the requirements or fling initiatory pleadings or civil actionsin the court concerned. % the contempt charges arose out o or are related to a principalaction pending in the court, the petition or contempt shall allege that act but said petitionshall be docketed, heard and decided separately, unless the court in its discretion orders theconsolidation o the contempt charge and the principal action or (oint hearing anddecision (Sec. 5) .
A t& dee%ed pun#& a,le a& #nd#re t !nte%pt
)1* A ter a charge in writing has been fled, and an opportunity given to the respondent tocomment thereon within such period as may be f ed by the court and to be heard by himsel or counsel, a person guilty o any o the ollowing acts may be punished or indirectcontempt+
)b* 0isbehavior an o cer o a court in the per ormance o his o cial duties or in his o cialtransactions-
)b* 2isobedience o or resistance to a law ul writ, process, order, or (udgment o a court,including the act o a person who, a ter being dispossessed or e(ected rom any real propertyby the (udgment or process o any court o competent (urisdiction, enters or attempts orinduces another to enter into or upon such real property, or the purpose o e ecuting acts o ownership or possession, or in any manner disturbs the possession given to the personad(udged to be entitled thereto-
)c* Any abuse o or any unlaw ul inter erence with the processes or proceedings o a court
not constituting direct contempt under section 1 o this &ule-
)d* Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade theadministration o (ustice-
)e* Assuming to be an attorney or an o cer o a court, and acting as such without authority-
) * ;ailure to obey a subpoena duly served-
)g* The rescue, or attempted rescue, o a person or property in the custody o an o cer byvirtue o an order or process o a court held by him (Sec. 3) .
) * ;ailure by counsel to in orm the court o the death o his client constitutes indirectcontempt within the purview o 8ec. 9, &ule "1, since it constitutes an improper conducttending to impede the administration o (ustice.
4 en #%pr#&!n%ent & all ,e #%p!&ed
)1* =hen the contempt consists in the re usal or omission to do an act which is yet in thepower o the respondent to per orm, he may be imprisoned by order o the court concerneduntil he per orms it (Sec. /) . %ndefnite incarceration may be resorted to where the attendantcircumstances are such that the non/compliance with the court order is an utter disregard othe authority o the court which has then no other recourse but to use its coercive power.
=hen a person or party is legally and validly required by a court to appear be ore it or acertain purpose, and when that requirement is disobeyed, the only remedy le t or the courtis to use orce to bring the person or party be ore it.
) * The punishment is imposed or the beneft o a complainant or a party to a suit whohas been in(ured aside rom the need to compel per ormance o the orders or decrees o thecourt, which the contemnor re uses to obey although able to do so. %n eBect, it is within thepower o the person ad(udged guilty o contempt to set himsel ree.
)1* The rules on contempt apply to contempt committed against persons or entitiese ercising quasi/(udicial unctions or in case there are rules or contempt adopted or suchbodies or entities pursuant to law, &ule "1 shall apply suppletorily (Sec. 12) .
) * <uasi/(udicial bodies that have the power to cite persons or indirect contempt can onlydo so by initiating them in the proper &T$. %t is not within their (urisdiction and competenceto decide the indirect contempt cases. The &T$ o the place where contempt has been
committed shall have (urisdiction over the charges or indirect contempt that may befled (Sec. 12) .
