Professional Documents
Culture Documents
Special Civil Actions
Special Civil Actions
a. Before trial;
b. Before appeal is perfected;
c. Before judgment becomes executory; or
d. In the appellate court for damages pending appeal, before judgment becomes
executory.
Venue
Where
initially filed
Complaint
Petition
or
1.
2.
Ordinary
Special
Caus
e
action
of Determined
by
the
residence of
the parties or
location
of
the property
Does not It depends on
need
a the type
of
cause of special
civil
action
action.
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Only
forcible
entry
and
unlawful
detainer
can
be
filed
at
MTC.
All
others, either
at RTC, CA or
S
C
Examples:
o Remedy of a warehouseman under the Warehouse Recepts Law o
Determination to whom proper payment must be made
Basic Procedure
1.
2.
3.
4.
5.
6.
7.
8.
Filed by the person to whom the conflicting claims are made. He shall pay the
lawful fees and bear the costs even if he has no interest. He can recover his
expenses because they constitute a lien upon the subject matter, unless ordered
otherwise.
The court shall issue an order requiring the conflicting claimants to interplead with
one another which shall be served upon them together with the summons and the
complaint.
Within the time for filing an answer, each claimant may file a motion to dismiss
based on:
a. Rule 16, or
b. Impropriety of the action for interpleader this is proper where the
allegations of the complaint do not show conflicting claims.
By filing a motion to dismiss, the period to file an answer is interrupted. If the
motion is denied, he can file his answer within the remaining period which shall not
be less than 5 days in any event.
The answer shall be filed within 15days from service of summons. It shall set forth
the claim of the claiming party and shall be served upon each of the conflicting
claimants. If any of the claimants fail to file, the court may, upon motion, declare
them in default.
A reply to the answer of the other may be filed by each of the conflicting claimants.
They can also file counterclaims, cross-claims, third-party complaints and
responsive pleadings.
A pre-trial shall be conducted.
The court shall then proceed to determine their respective rights and adjudicate
their respective claims.
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Intervention
Not original but merely ancillary to the
previous pending action
Commenced by a motion to intervene
Filed by a person who has a legal
interest in any:
a. subject matter
b. success of either parties
c. success of both
d. he may be adversely affected
Defendants are already parties to an
Declaratory Relief the courts power to declare rights and to construe instruments
in any case where a decision would not terminate the uncertainty or controversy
which gave rise to the action.
RTC because the issues are not capable of pecuniary estimation. It would be an
error to file it directly with the SC.
Purpose of the petition
If the subject matter is a deed, will, contract or other written instrument, the
petitioner is the person interested in the same. Those who may sue should be
those with interest like the parties, assignees and heirs.
Statute, EO, regulation or ordinance, the petitioner is one whose rights are affected
by the same.
The other parties are all persons who have or claims any interest which could be
affected by the declaration. The rights of persons not made parties are not to be
prejudiced by their non-inclusion.
Validity of a local ordinance, the corresponding prosecutor or attorney of the local
government shall be similarly notified and entitled to be heard. If alleged to be
unconstitutional, it is the Solicitor General.
This action will not prosper when brought after a contract or statute has already
been breached.
As a cause of action has already accrued in favor of one or the other party, there is
nothing more for the court to explain or clarify short of a judgment or final order.
When the breach occurs not before the filing of the petition for declaratory relief
but after the action has been instituted and during its pendency, the action is not
to be dismissed but may be converted into an ordinary action.
A justiciable controversy is indispensable. It need not be a controversy consisting
of an actual violation of a right.
The court should not be called upon to render a mere advisory opinion because a
declaratory relief has no res judicata effect.
Similar Remedies
b.1 Reformation not an action brought to reform the contract but to
reform the instrument because it does not reflect the true intention of the
parties by reason of mistake, fraud, inequitable conduct or accident.
Where the consent of a party was obtained because of the above reasons,
what is defective is the contract itself. The remedy is to file an action for
annulment because of vitiation of consent.
Reformation is not proper to the ff:
1. simple donations inter vivos wherein no condition is imposed;
2. wills;
3. when the agreement is void.
b.2 Consolidation of Ownership not for the purpose of consolidating the
ownership of the property in the person of the vendee but for the registration
of the property.
The lapse of the redemption period without the seller exercising his
right of redemption, consolidated ownership by operation of law.
Redemption can be done either by:
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1.
2.
Plaintiff need not be in possession before the may bring the action
as long as he can show that the has a legal or an equitable title.
The court shall order the respondents to file their comments in 18 copies
accompanied by certified true copies of the material portions of the record within 10
days form notice if it finds the petition sufficient in form and substance which shall
be served to the petitioner as well.
Unless the SC directs otherwise. To prevent the execution, the petitioner should
obtain a TRO or a writ of preliminary injunction.
Oral arguments; memoranda; submission for decision
Upon filing of the comments, the case shall be deemed submitted for decision
except if the Court decided to set the case for oral argument or requires the parties
to submit memoranda.
IV. Certiorari, Prohibition and Mandamus (Rule 65)
A. Certiorari
Nature and purpose of the remedy
Certiorari is not intended to review the errors of judgment. Does not go as far as to
examine and asses the evidence.
It is a remedy for the correction of errors of jurisdiction and may be directed against
an interlocutory order of the lower court prior to an appeal.
An appeal to the SC may be taken only by petition for review on certiorari under
Rule 45.
Correction of errors of jurisdiction
59
Appeal
Error is not one of jurisdiction but an
error of law or fact
The filing of a petition for certiorari does not interrupt the course of the principal
action not the running of the reglementary periods involved, unless, an application
for a restraining order or a writ of preliminary injunction to the appellate court is
granted.
There is NO petition for certiorari in a summary proceeding
Although prohibited, the SC in one case allowed the petition because the trial court
gravely abused its discretion by indefinitely suspending the proceedings in an
ejectment case contrary to the purposes of the Rules on Summary Procedure by
invoking its power to suspend the rules because of the extraordinary circumstance,
in order to give spirit and life to the Rules on Summary Procedure. (Go v. CA)
Certiorari not a substitute for lost appeal
It cannot be made a substitute for an appeal where the latter remedy is available
but was lost through fault or negligence. The remedy to obtain a reversal of
judgment on the merits is appeal. This holds true even if the error ascribed to the
lower court is its lack of jurisdiction over the subject matter, or the exercise of
power in excess thereof, or grave abuse of discretion.
The existence and availability of the right to appeal prohibits the resort to certiorari
because appeal and certiorari are mutually exclusive. The petitioner must show
valid reasons why the issues raised in his petition for certiorari could not have been
raised on appeal.
When certiorari is available despite the loss of appeal
a. When public welfare and the advancement of public policy dictates;
b. When the broader interest of justice so requires;
c. When the writs issued are null and void;
d. When the questioned order amounts to an oppressive exercise of judicial authority.
Requisites
a. The petition is directed against a tribunal, board or officer exercising judicial or
quasi-judicial functions
That such tribunal, board or officer has acted without or in excess of jurisdiction or
with grave abuse of discretion;
Non-observance of the rule is a sufficient cause for the dismissal of the petition.
When to file
No extension of time. Except, for compelling reasons which shall not exceed 15
days.
Material dates in the petition; material date rule
a. The date when the judgment, final order or resolution was received;
b. The date when a motion for new trial or reconsideration was filed; and
c. Notice of the denial thereof.
c.
There is neither appeal not any plain, speedy and adequate remedy in the
ordinary course of law for the purpose of annulling or modifying the proceeding.
The filing of a MR is a condition sine qua non to the filing of a petition for
certiorari to allow the court an opportunity to correct its imputed errors. The ff are
the exceptions:
a. where the order is a patent nullity;
b. where the questions raised in the certiorari proceeding have been duly
raised and passed by the lower court;
c. where there is an urgent necessity for the resolution of the question and
further delay can result to prejudice;
d. where the subject matter is perishable;
e. where an MR would be useless;
f.
where petitioner was deprived of due process;
g. where the proceedings in the lower court is a nullity;
h. criminal cases, where relief from order of arrest is improbable;
i.
ex parte proceedings and the petitioner has no opportunity to object;
j.
where the issue is one purely of law.
Where an appeal is available, certiorari will not prosper, even is the ground is
grave abuse of discretion except when it can be shown that appeal would be
inadequate, slow, insufficient, and will not promptly relieve a party for the injurious
effects of the order complained of.