Professional Documents
Culture Documents
Special Civil Actions
Special Civil Actions
Remedial Law
SUMMER REVIEWER
SPECIAL CIVIL
ACTIONS
INITIATED BY
COMPLAINTS
Interpleader
Expropriation
Foreclosure of Real
Estate Mortgage
Partition
Forcible Entry and
Unlawful Detainer
SPECIAL CIVIL
ACTIONS
INITIATED BY
PETITIONS
Declaratory Relief
Review of the
Adjudication of the
Comelec/COA
Certiorari
Prohibition
Mandamus
Quo Warranto
Contempt
RULE 62
INTERPLEADER
NATURE OF INTERPLEADER
This is a remedy whereby a person who has property
(personal or real) in his possession, or an obligation
to render wholly or partially, without claiming any right
to either, comes to court and asks that the persons
who claim the said property or demand compliance
with the obligation, be required to litigate among
themselves in order QuickTime
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PURPOSE OF THE REMEDY
This remedy is afforded to protect a person NOT
against double liability but AGAINST double vexation
in respect of one liability.
Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G.
Natividad; Understudies: Neliza Macapayag, Benjamin C. Yan
RULE 63
DECLARATORY RELIEF AND SIMILAR
REMEDIES
PURPOSE OF DECLARATORY RELIEF
The purpose is to ask the court to make a proper
interpretation of a written instrument (deed, will,
contract, or any other written instrument) or a statute,
executive order, ordinance, or other governmental
regulation. It also adjudicates the legal rights, duties,
or status of parties.
Purpose is NOT to ask for injunction, execution or
other relief beyond the adjudication of the legal rights
which are the subject of controversy between the
parties. The relief is confined to the actual
controversy within the courts jurisdiction.
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since the court is confined merely to the interpretation
of the terms of the contract.
Section 2. Parties
RULE 64
REVIEW OF JUDGMENTS AND FINAL ORDERS
OR RESOLUTIONS OF THE COMELEC AND THE
COA
Section 1. Scope
PARTIES
All persons who have a claim or interest which would
be affected by the declaration.
SUBJECT MATTER
Judgments and final orders or resolutions of the
COMELEC and the COA.
RULE 65
Must be filed within 60
days from notice of
judgment or resolution
If MR is denied, he
aggrieved party will have
another 60 days within
which to file the petition
counted from the notice
of denial
RULE 65
CERTIORARI, PROHIBITION, AND MANDAMUS
AN ORIGINAL ACTION FOR CERTIORARI,
PROHIBITION AND MANDAMUS IS AN
INDEPENDENT ACTION. AS SUCH:
a. it does not interrupt the course of the principal
action
b. it does not affect the running of the
reglementary periods involved in the
proceedings
c. it does not stay the execution of the judgment,
unless a TRO or writ of preliminary injunction is
issued
CERTIORARI
Directed against
an entity or
person exercising
judicial or quasijudicial functions.
Entity or person
is alleged to have
acted: (1) without
jurisdiction; (2) in
excess of
jurisdiction; or (3)
with grave abuse
of discretion
amounting to lack
or excess of
jurisdiction
Purpose is to
annul or nullify a
proceeding
Covers
discretionary acts
This remedy is
corrective to
correct
PROHIBITION
Directed
against an
entity or
person
exercising
judicial, quasijudicial, or
ministerial
functions
Entity or
person is
alleged to
have acted:
(1) without
jurisdiction;
(2) in excess
of jurisdiction;
or (3) with
grave abuse
of discretion
amounting to
lack or excess
of jurisdiction
Purpose is to
have
respondent
desist from
further
proceeding
Covers
discretionary
and ministerial
acts
This remedy is
preventive
and negative
MANDAMUS
Directed
against an
entity or person
exercising
ministerial
functions
Entity or person
is alleged to
have acted: (1)
neglected a
ministerial duty;
or (2) excluded
another from a
right or office
Purpose is for
respondent to
1. Do the
act
require
d and
2. To pay
damag
es.
Covers
ministerial acts
This remedy is
affirmative or
positive (if the
to restrain or
prevent
usurpation or
jurisdiction
performance of
a duty is
ordered) or it is
negative (if a
person is
ordered to
desist from
excluding
another from a
right or office.
APPEAL BY
CERTIORARI UNDER
RULE 45
Appellate court can only
review questions or
errors of law decided or
committed by the lower
court
Preventive
To restrain motion or to
enforce inaction
(conservative)
Additional ground for
Motion to Dismiss Rule
58 Section 6
Supreme Court; or
Public Respondents the judge, court, quasijudicial agency, tribunal, corporation, board, officer or
persons whose acts or omissions are questioned
Private Respondents person(s) interested in
sustaining the proceedings in the court.
4. Duty of Respondents:
The court may dismiss the petition after the filing and
consideration of the comment without holding a
hearing or requiring the admission of memoranda
It is not mandatory on the court to receive evidence
and hear the petition
Section 9. Service and enforcement of order or
judgment
RULE 66
QUO WARRANTO
Quo Warranto under Rule 66 Distinguished from
Quo Warranto under Omnibus Election Code
RULE 66
OMNIBUS ELECTION
CODE
Basis is that occupant is
Challenge rights of a
disqualified from holding
person to hold office on
office by reason of
the ground of
ineligibility or disloyalty
irregularities in the
Page 121 of 289
RULE 67
EXPROPRIATION
PURPOSE OF DEPOSIT:
1. provide damages if the court finds that
plaintiff has no right to expropriate
2. advance payment for just compensation
Section 3. Defenses and objections
If the defendant has no objection:
1. file and serve a notice of appearance and
manifestation to that effect
2. thereafter, he shall be entitled to notice of all
proceedings
If defendant has an objection: he must file his
answer within the time provided for in the summons
No counterclaim, cross-claim or third party complaint
shall be alleged or allowed in the answer or
subsequent pleading
Section 5. Ascertainment of compensation
commissioners
Section 6. Proceedings by commissioners
Section 7. Report by commissioners and
judgment thereupon
Section 8. Action upon commissioners report
2 STAGES OF EXPROPRIATION:
payment
of
just
RULE 68
FORECLOSURE OF REAL ESTATE MORTGAGE
CB=consequential benefits
When plaintiff can take possession of property
pending litigation
Plaintiff can enter or take possession of the real
property upon DEPOSIT with the authorized
government depositary an amount equal to
ASSESSED VALUE of property.
JUDICIAL
FORECLOSURE
- requires court
intervention
- There is only an equity
of redemption
- Governed by Rule 68
EXTRAJUDICIAL
FORECLOSURE
- does not require court
intervention
- Right of redemption
exists
- Governed by Act 3135
2.
RULE 39
No need to confirm sale
RULE 38
Need to confirm sale
DEFICIENCY
JUDGMENT
Action in personam
Section 7. Registration
Registration
a) If no right of redemption, certificate of title of
mortgagor is cancelled, new one issued to
purchaser
b) If with right of redemption, certificate of title of
mortgagor is not cancelled, but certificate of
sale and order confirming the sale is
registered with brief memorandum made by
RD upon the certificate of title.
c) If property redeemed, deed of redemption is
registered with RD and brief memorandum
on certificate of title is made.
d) If not redeemed, final deed of sale registered
with RD, certificate of title of mortgagor is
cancelled and new one issued to purchaser
EQUITY OF
REDEMPTION
Right of the defendant
mortgagor to extinguish
the mortgage and retain
ownership of the property
by paying the debt within
90-120 days after the
entry of judgment or even
after the foreclosure sale
but prior to confirmation
RIGHT OF
REDEMPTION
Right of the debtor, his
successor in interest or
any judicial creditor or
judgment creditor of said
debtor or any person
having a lien on the
property subsequent to
the mortgage or deed of
trust under which the
property is sold to
redeem the property
within 1 year from the
registration of the
Sheriffs certificate of
foreclosure title
Governed by Rule 68
Governed by Rule 39,
Sections 29-31
Period is 90-120 days
Period is within 1 year
after entry of or even
from the registration of
after the foreclosure sale the Sheriffs certificate of
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Right of Redemption
GENERAL RULE
In judicial foreclosure, there is NO RIGHT OF
REDEMPTION.
EXCEPTION
In case of judicial (as well as extrajudicial)
foreclosure of any mortgage on real estate in favor of
a BANK, QUASI BANK or TRUST ENTITY,
mortgagor is granted right of redemption to be
exercised WITHIN ONE YEAR after sale of real
estate.
Provisional Remedies Available to Mortgagee in
Case of Foreclosure
1. Preliminary attachment of properties of the
debtor not covered by the mortgage;
2. receivership of mortgaged property
Section 8. Applicability of other provisions
RULE 69
PARTITION
PARTITION
The process of dividing and assigning property
owned in common among the various co-owners
thereof in proportion to their respective interests in
the property.
KINDS OF PARTITION
1. Judicial-procedure governed by Rule 69
2. Extrajudicial-no court intervention is required
Section 1. Complaint in action for partition of real
estate
Initiated Through a Complaint
a) by a person having the RIGHT to COMPEL
PARTITION;
b) setting forth the NATURE and EXTENT of his
TITLE;
c) and an adequate description of the real
estate;
d) joining as defendants all other persons
interested in the property.
PARTIES
a) All co-owners are indispensable parties
b) Creditors or assignees of co-owners may
intervene and object to a partition effected
or sums
ordered by the
court
payment
If the property
is sold and the
sale is
confirmed by
the court
The judgment
shall state the
name of the
purchaser/s and a
definite
description of the
parcels of real
estate sold to
each purchaser
interest on the
part of the
other parties to
the action
To vest the
real estate in
the
purchaser/s
making the
payment/s,
free from the
claims of any
of the parties
to the action
EXCEPTION
If a co-owner asserts adverse title to the property in
which case the period of prescription runs from such
time of assertion of adverse title.
If actual
partition of
property is
made
If the whole
property is
assigned to
one of the
parties upon
paying to the
others the sum
CONTENTS OF EFFECT OF
JUDGMENT
JUDGMENT
To vest in
The judgment
each party to
shall state
the action, in
definitely, by
severalty the
metes and
portion of the
bounds and
estate
adequate
assigned to
description, the
him
particular
portion
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assigned to each
party
The judgment
To vest in the
shall state the fact party making
of such payment
the payment
and the
the whole or
assignment of the part of the real
real estate to the
estate free
party making the
from any
UNLAWFUL DETAINER
Possession of defendant
is inceptively lawful but
becomes illegal by
reason of termination of
right of possession
Demand is jurisdictional
Unlawful detainer:
1. from the date of the last demand to vacate in
case of non-payment of rent or noncompliance with the conditions of the lease;
2. from the date of the notice to quit, in case of
a tacit renewal of the lease;
3. from the date of the revocation of the permit
in case of occupancy on mere tolerance or
under a temporary permit.
Section 2. Lessor to proceed against lessee only
after demand
Demand
In all other cases, there must be a demand:
a) To pay or to comply with the conditions of the
lease; AND
b) To vacate by written notice on the person in
the premises or by posting such notice on the
premises if no person is found thereon and
this is a condition precedent to the filing of
the case; ORAL demand is not permitted.
c) If demand is in the alternative (pay OR
vacate), this is NOT the demand
contemplated by the Rules.
How Demand is Made
1. Personally
2. Posting it at the premises if no person is
found thereon
3. Substituted service
4. Registered mail
5.
Section 3. Summary procedure
Section 4. Pleadings allowed
1. Complaint
2. Compulsory counterclaim
3. Cross-claim
Page 128 of 289
RULE 71
CONTEMPT
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CONTEMPT
A defiance of the authority, justice or dignity of the
court; such conduct as tends to bring the authority
and administration of the law into disrespect or to
interfere with or prejudice parties litigant or their
witnesses during litigation.
DIRECT CONTEMPT
INDIRECT CONTEMPT
Committed
in
the
presence of or so near a
court or judge
Punished
summarily
without hearing
No appeal may be taken
but the party adjudged in
contempt
may
avail
himself of actions of
certiorari or prohibition
which shall stay the
execution
of
the
judgment, provided a
bond fixed by the court is
filed
Remedy is certiorari or
prohibition
Certiorari/prohibition
suspends
execution
provided there is a bond
CRIMINAL CONTEMPT
Purpose is to vindicate
public security
CIVIL CONTEMPT
Purpose is to protect and
enforce the civil rights
and remedies of the
litigants
Failure to do something
ordered by the court for
the benefit of a party
If
judgment
is
for
respondent, there can be
an appeal
Conduct
is
directed
against the dignity or
authority of the court
If accused is acquitted,
there can be no appeal
Punished
only
after
hearing complaint in
writing or motion or party
or order of court requiring
person to appear and
explain, opportunity to
appear and show cause.
Remedy is appeal
Immediately
executory
unless a bond is filed