Notes of Special Civil Actions - BemJamison

1|P age NOTES IN CIVIL PROCEDURE II Bem Jamison (UNO-R Bacolod)
- Purpose: The action is brought against the

SPECIAL CIVIL ACTIONS conflicting claimants to compel them to interplead
and litigate their claims among themselves.
CIVIL ACTION
- Is one which a party sues another for the REQUISITES
enforcement or protection of a right, or the a. There must be two or more claimants with adverse
prevention or redress of a wrong. or conflicting interests upon a subject matter;
b. The conflicting claims involve the same subject
PURPOSE OF A CIVIL ACTION matter;
- Enforcement or protection of a right; or c. The conflicting claims are made against the same
- Prevention or redress of a wrong. person (plaintiff);
d. The plaintiff has no claim upon the subject matter
KINDS OF CIVIL ACTION of the adverse claims or if he has interest at all,
a. Ordinary Civil Action such interest is not disputed by the claimants.
b. Special Civil Action
*The remedy is afforded not to protect a person against
SPECIAL CIVIL ACTIONS a double liability but to protect him against a double
1. Interpleader (Rule 62) vexation in respect to one’s liability.
2. Declaratory relief and similar remedies (Rule 63)
3. Review on judgment and final orders or resolutions
of the COMELEC and COA (Rule 64) INTERPLEADER
4. Certiorari, Prohibition and Mandamus (Rule 65) How filed Filing a complaint
5. Quo Warranto (Rule 66) The person against whom
6. Expropriation (Rule 67) Who may file conflicting claims upon the same
7. Foreclosure of Real Estate Mortgage (Rule 68) subject matter are made
8. Partition (Rule 69) Where the value of the personal
9. Forcible Entry and Unlawful Detainer (Rule 70) property does not exceed P300,000
10. Contempt (Rule 71) or P400,000 or the assessed value
of the real property is not more
HOW SPECIAL CIVIL ACTIONS ARE INITIATED than P20,000 or P50,000
BY A PETITION BY A COMPLAINT Jurisdiction (MTC/MeTC); if it exceeds above
Declaratory Relief and Interpleader (Rule 62) values (RTC)
other similar remedies
(Rule 63) If the subject matter is incapable of
Review on judgment and Expropriation (Rule 67) pecuniary estimation, e.g. specific
final orders or performance (RTC)
resolutions of the The person who files the complaint
COMELEC and COA (Rule pays the docket and other lawful
64) fees. The fees and all litigation
Payment of
Certiorari, Prohibition Foreclosure of Real expenses shall constitute a lien
docket fees
and Mandamus (Rule 65) Estate Mortgage (Rule upon the subject matter of the
68) action, unless the court orders
Quo Warranto (Rule 66) Partition (Rule 69) otherwise.
Upon filing the complaint, summons
Contempt (Rule 71) Forcible Entry and shall be served upon the conflicting
Unlawful Detainer (Rule claimants, together with the copy of
Summons
70) the complaint and the order to
and order to
interplead. Court may also include a
interplead
direction to deliver subject matter
RULE 62 – INTERPLEADER to the court if interest of justice so
- A special civil action filed by a person against whom requires.
two conflicting claims are made upon the same Must be filed within the time for
subject matter and over which he claims no interest Motion to
filing an answer, i.e. 15 days from
whatsoever, of if he has interest, it is one which, in dismiss
service of summons
whole or in part, is not disputed by the claimants.
Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

Grounds: b. Where the declaration or construction is not

a. Impropriety of the interpleader necessary and proper under the circumstances as
action; or when the instrument or the statute has already
b. Other appropriate grounds been breached;
specified in Rule 16
REQUISITES FOR DECLARATORY RELIEF
Effect: The period to file an answer 1. The subject matter of the controversy must be a
is interrupted deed, will, contract or written instrument, statute,
Within 15 days from service of executive order or regulation, or ordinances. (DW
summons. Shall serve a copy upon CW SERO)
Answer
each of the other conflicting 2. The terms of the said statute or document and the
claimants validity thereof are doubtful and require judicial
Requires a motion to declare a construction.
claimant in default 3. There must have been of the statute or document
in question.
Default 4. There must be an actual justiciable controversy**
Effect: Court shall render judgment
barring him from any claim in or the “ripening of seeds” of one between persons
respect to the subject matter whose interests are adverse.
Reply Not mandatory 5. The issue must be ripe for judicial determination;
Other Counter-claims, cross-claims, and and
pleadings third party complaints are allowed 6. Adequate relief is not available through other
Pre-trial Also conducted means or other forms of action or proceeding.
The court shall determine
respective rights: **JUDICIAL CONTROVERSY
- After the pleadings of the For an action for declaratory relief to prosper, it must be
Adjudication conflicting claimants have been shown that: (Bayantel vs. Republic)
filed ; and a. There Is a justiciable controversy
- The pre-trial has been b. The controversy is between persons whose
conducted interests are adverse
c. The party seeking the relief has a legal interest in
the controversy, and
RULE 63 – DECLARATORY RELIEF AND d. The issue invoked is ripe for judicial determination
SIMILAR REMEDIES
SUBJECT MATTER IN A PETITION FOR DECLARATORY
RELIEF (DW CW SERO A)
DECLARATORY RELIEF
1. Deed
- An action by any person interested in a deed, will,
2. Will
contract or other written instrument, executive
3. Contact or any written instrument
order or resolution, to determine any question of
4. Statute
construction or validity arising from the instrument,
5. Executive order or regulation
executive order or resolution, or statute; and for a
6. Ordinance
declaration of his rights and duties thereunder.
7. Any other government regulation
- Purpose:
*Exclusive list – expressio unius est exclusio alterius
a. To determine any question of construction or
validity arising from the subject of the action;
and DECLARATORY RELIEF
b. Seek for a declaration of the petitioner’s rights How filed Filing a petition
thereunder. Deed, will, contract or other written
- It is NOT brought to settle issues arising from the instrument
breach. - By any person interested
WHERE COURT MAY REFUSE JUDICIAL DECLARATIONS Who may file Statute, executive order or
a. Where a decision on the petition would not regulation, ordinance or any other
terminate the uncertainty or controversy which governmental regulation
gave rise to the action; - By one whose rights are
affected
- In case of validity local 2. Action for quieting of title to real property or

ordinances: Prosecutor and remove clouds therefrom
Attorney of the LGU shall be - Brought to remove a cloud on title to real property
notified and entitled to be or any interest therein.
heard - The plaintiff need not be in possession of the real
- In case of unconstitutionality of property before he may bring the actin as long as
an ordinance: Solicitor General he can show that he has a legal or equitable title to
shall be notified and entitled to the property which is the subject matter of the
be heard action.
- In case of validity of statutes, - “Cloud” – (a) any instrument, record, claim,
executive order or regulation, encumbrance or proceeding; (b) which is apparently
or any other governmental valid or effective; (c) but is in truth and in fact
regulation: Solicitor General invalid, ineffective, voidable, or unenforceable; and
shall be notified and entitled to (d) may be prejudicial to the title sought to be
be heard quieted.
- Requisites for quieting of title
*rights of person not made parties a. The plaintiff or complainant has a legal or
are not prejudiced by the equitable title or interest in the real property
declaration; hence, failure to subject of the action; and
implead them does not affect the b. The deed, claim, encumbrance, or proceeding
case. claimed to be casting cloud on his title must be
Before there occurs any breach or shown to be, in fact, invalid or inoperative
When be violation of the deed, contract, despite its prima facie appearance of validity or
filed statute, ordinance or executives legal efficacy.
order or regulation. 3. Action for consolidation of ownership in a sale
Jurisdiction Appropriate RTC with a right to repurchase
Third party complaint – not a. Legal redemption “retracto legal” – is a
conceivable statutory mandated redemption of a property
previously sold.
Compulsory counterclaim – allowed b. Conventional redemption “pacto de retro”
Other as long as it is based on or arising o Takes place when the vendor reserves the
pleadings from the same transaction or right to repurchase the thing sold.
subject matter o Period of redemption may be fixed by the
parties which cannot exceed 10 years. In
Affirmative reliefs – GR: cannot be the absence of an agreement, the
granted; XPN: Aldawan vs. IAC redemption period shall be 4 years from
No executory process since the the date of contract.
judgment in a declaratory relief is o Action is brought to consolidate ownership
Judgment confined only to either an is not for the purpose of consolidating the
interpretation of a deed or ownership of the property but for the
declaration of the rights registration of the property.
o The lapse of the redemption period
without the seller a retro exercising his
SIMILAR REMEDIES right of redemption consolidates
1. Action for the reformation of an instrument ownership or title upon the person of the
- The instrument is to be reformed because despite vendee by operation of law.
the meeting of the minds of the parties as to the
object and cause of the contract, the instrument SIMILAR REMEDIES
which is supposed to embody the agreement of the How filed Filing a petition
parties does not reflect their true agreement by Action for quieting of title to real
reason of mistake, fraud, inequitable conduct or property – MTC/RTC depending on
accident. assessed value
- Purpose: To express the true intention of the Jurisdiction
parties. Action for reformation of
instrument/consolidation of
ownership – RTC
RULE 64 – REVIEW OF JUDGEMENTS and pertinent to the petition.

d. The petition shall state the
AND FINAL ORDERS OR RESOLUTIONS specific material dates showing
OF THE COMMISSION ON AUDIT it was filed within the period
fixed by the rules; (Material
Applicability of Rule 64 Date Rule)
- Governs the review of judgments, final orders (not
interlocutory orders), or resolutions of the e. The petition shall be
COMELEC and the COA. accompanied by proof of
- Not applicable to the orders of the CSC. service of copy thereof on the
Commission involved on the
JURISDICTIONAL GROUNDS adverse copy, and of the timely
- That the commission concerned acted without or in payment of docket and other
excess of jurisdiction or with grave abuse of lawful fees.
discretion amounting to lack or excess of f. The petition shall contain a
jurisdiction. sworn certification against
- Questions of facts, law, or mixed are not to be forum shopping.
raised under this Rule. g. The petition shall pray for a
judgment annulling or
“Grave abuse of discretion” – exists when there is an modifying the questioned
evasion of a positive duty or virtual refusal to perform a judgment.
duty enjoined by law or to act in contemplation of law
as when the judgment rendered is not based on law and Failure to comply is ground for
evidence but on caprice, whim, and despotism. dismissal
Petitioner – aggrieved party
** The finding of facts of the Commission, when Respondent – the commission
supported by substantial evidence, shall be final and Parties concerned and the persons
non-reviewable. interested in sustaining the
judgment.
MODE OF REVIEW Jurisdiction Supreme Court
- Judgments, final orders or resolutions of the Within 30 days from notice of the
COMELEC and COA may be brought by the judgment, final order or resolution
aggrieved party to the SC on certiorari under Rule of the COMELEC and COA sought to
65 within 30 days from notice. (Section 2 and 3, be reviewed.
Rule 64)
When filed *if against an interlocutory order of
PETITION FOR CERTIORARI the commission – 60 days from
notice of order (Rule 65)
ASSAILING THE JUDGMENT OF
COMELEC AND COA *filing of petition does not stay
Filing a verified petition in 18 execution of judgment.
How filed GR: Not allowed
legible copies.
a. Shall state the facts with
certainty and present clearly XPN: If required or allowed by the
the issues involved. court
b. Shall set forth the grounds and
brief arguments relied upon for *if motion for reconsideration or
Other
review. new trial is allowed – interrupts the
Contents of pleadings
c. The petition shall be period of filing for certiorari; if
petition motion is denied, the party may file
accompanied by clearly legible
original or certified true copy within the remaining period (fresh
of the judgment, together with period rule does not apply). If
the certified true copy of such petition is proforma – the period for
material portions of the record filing is not interrupted
and other documents relevant
Shall pay to the clerk of court RULE 65 – CERTIORARI, PROHIBITION,

Payment of
docket and lawful fees and P500 for
docket fees
costs AND MANDAMUS
The court has two options:
1. To deny the petition outright: CERTIORARI
a. If not sufficient in form and - As a special civil action, it is an original action
substance; invoking the original jurisdiction of a court to annul
b. If filed manifestly for delay; or modify the proceedings of a tribunal, board or
or officer exercising judicial or quasi-judicial functions.
c. The question raised is too - It is an original and independent action that is not
unsubstantial to warrant part of the trial or proceedings on the complaint
further proceedings. filed before the trial court.
Court’s duty
2. To order the filing of a PURPOSE
after filing of
comment within 10 days from - A corrective remedy
petition
notice if it finds the petition - To secure a judgment annulling or modifying the
sufficient in form and proceedings of a tribunal, board, or officer, and
substance granting such incidental reliefs as law and justice
Note: Comment shall be filed in may require.
18 legible copies and the - To correct errors of jurisdiction, which includes the
original shall be accompanied commission of grave abuse of discretion amounting
by certified true copies of the to lack of jurisdiction.
material portions of the Note: Abuse of discretion must be grave
records referred to and other
supporting documents. REQUISITES OF CERTIORARI UNDER RULE 65
When the comments on the
petition and the required pleadings 1. The petition is directed against a tribunal, board or
When
are filed or when the period to file officer exercising judicial or quasi-judicial
deemed
has lapsed, except: if the court functions.
submitted for
decides to set the case for oral
decision
argument or requires the parties to Judicial function – the power to determine what he
submit memoranda. law is and what the legal rights of the parties are,
and then undertakes to determine these questions
CERTIORARI UNDER RULE 64 AND 65 DISTINGUISHED and adjudicate upon the rights of the parties.
RULE 64 RULE 65
Directed only against Directed against other Quasi-judicial function – acts of public
judgments of the entities or offices which administrative officers or bodies required to
COMELEC and COA refer to any tribunal, investigate facts or ascertain the existence of facts,
board, or officer hold hearings, and draw conclusions from them, as
exercising judicial or the basis for their official actions and to exercise
quasi-judicial functions. discretion of a judicial nature.
Filed within 30 days from Filed within 60 days
notice of judgment, final from notice of *If the function is merely investigative and
order or resolutions. judgment, final order or recommendatory with no power to pronounce
resolutions. judgment on the controversy, the designation as
Filing of motion for MR or If motion is denied, investigator does not involve exercise of judicial or
NR interrupts the period petition may be filed quasi-judicial power.
for filing of petition for within the fresh period
certiorari. If motion is of 60 days from notice
denied, petition may be of denial.
filed within the remaining
period but not less than 5
days from date of denial.

Araullo vs. Aquino CERTIORARI UNDER RULE 45 AND 65 DISTINGUISHED

- Rule 65 extended its reach to functions or acts RULE 45 RULE 65
that are neither judicial nor quasi-judicial, to “Petition for review on “Petition for Certiorari”
include raising constitutional issues and certiorari” or “Appeal by
reviewing and/or nullifying acts of legislative certiorari”
and executive officials. ---- also applies to A mode of appeal An original and
Prohibition and Mandamus independent action, not
- Basis: Section 1 Article 8 of the Constitution a mode of appeal
which defined judicial power to include the A continuation of the Not a part of the
duty “to determine whether or not there has appellate process over appellate process but an
been a grave abuse of discretion amounting to the original case original action
lack of jurisdiction on the part of any branch or Seeks to review final Usually directed against
instrumentality of the government”. judgments or final order an interlocutory order or
matters where no appeal
2. Such tribunal, board or officer has acted without may be taken from
or in excess of jurisdiction or with grave abuse of Raises only questions of Raises questions of
discretion amounting to lack or excess of law, questions of fact are jurisdiction arising out of
jurisdiction not entertained grave abuse of discretion
amounting to lack of
“Without jurisdiction” – denotes that the tribunal, jurisdiction
board, or officer acted with absolute lack of Filed within 15 days from Filed not later than 60
authority. notice of judgment of days from notice of
“Excess of jurisdiction” – when the public final order judgment or final order
responded exceeds its power or acts without any (fresh period rule applies
statutory authority. in case of denial of MR
of NT)
“Grave abuse of discretion” – connotes such Stays the judgment Does not sty judgment
capricious and whimsical exercise of judgment as to appealed from or order subject of the
be equivalent to lack or excess of jurisdiction. It petition unless enjoined
must be grave, as when it is exercised arbitrarily or or restrained
despotically by reason of passion or personal Parties are the original Parties include the lower
hostility and must be so patent and gross as to parties to the action court or the quasi-
amount to an evasion of positive duty or to a virtual judicial agency
refusal to perform the duty enjoined by or to act at Filed only with the SC Filed with the RTC, CA,
all in contemplation by law. SC or Sandiganbayan
3. There is neither appeal nor any plain, speedy, and
CERTIORARI UNDER RULE 65 vs. ORDINARY APPEAL
adequate remedy in the ordinary course of law for
ORDINARY APPEAL PETITION FOR
the purpose of annulling or modifying the
CERTIORARI
proceeding. There must be capricious, arbitrary
Remedy against error of Remedy against
and whimsical exercise of power for it to prosper.
judgment correction of errors if
- GR: Certiorari is not available where there is a
jurisdiction
plain, speedy and adequate remedy in the
Merely a continuation of An original and
ordinary course of law (e.g. appeal or MR).
the original suit independent action
- XPN: When it can be shown that appeal would
be inadequate, slow, insufficient, and will not Higher court exercises its Higher court exercises its
promptly relieve a party from the injurious appellate jurisdiction original jurisdiction
effects of the order complained of. Parties are the original Parties include the lower
- It is the inadequacy, not the mere absence, of parties to the action court or the quasi-
all other legal remedies and the danger of judicial agency
failure of justice without the writ that must Directed to judgments May be directed against
usually determine the propriety of certiorari. and final orders an interlocutory order
Should be filed within 15 Should be filed not later
days from notice of than 60 days from notice
judgment of judgment

PETITION FOR CERTIORARI

How filed Filing a verified petition
A remedy of last resort, available only when there is no appeal or any plain, speedy and adequate
When availed remedy in the ordinary course of law. When appeal is available, a petition for certiorari is not
available even if the ground invoked is grave abuse of discretion.
a. Must allege the facts with certainty;
b. Must pray that judgment be rendered annulling or modifying the proceedings of the tribunal,
board or officer;
c. Must grant such incidental reliefs as law and justice may require;
d. Shall contain the full names and addresses of all petitioners and respondents, a concise
statement of the matters involved, the factual background of the case, and the grounds relied
Contents of the
upon for the relief prayed for;
petition
e. Shall be accompanied by a certified true copy of the judgment, copies of all pertinent
pleadings and documents, and a sworn certification of non-forum shopping.
f. Material dates must be stated in the petition:
1. When notice of judgment, final order or resolution was received.
2. When a motion for new trial or reconsideration was filed, if any;
3. When notice of the denial of the motion was received.
Petitioner – aggrieved party (the person who was party in the proceedings before the lower court)
Respondent – the lower court or the quasi-judicial agency concerned and the persons interested in
sustaining the judgment.
a. Private respondent – should appear and defend on his behalf and in behalf of the public
Parties respondent affected by the proceedings. Costs awarded in favour of petitioner shall be against
the private respondent only.
b. Public respondent – not mandated to appear or file an answer or comment unless specifically
directed by the court. Shall also be included as a nominal party if case is elevated to a higher
court.
RTC – if it relates to the acts or omissions of a MTC, or corporation, board, officer, or person, that
which has jurisdiction over the territorial area.
CA – if it involves acts or omissions of a quasi-judicial agency
Jurisdiction Sandiganbayan – may be filed whether or not it is in aid of its appellate jurisdiction (AM 07-7-12-SC)
SC – provided it observed the hierarchy of courts principle
COMELEC – In aid of its appellate jurisdiction in election cases involving acts or omissions of MTC or
RTC
GR: Must be filed not later than 60 days from notice of the judgment, order or resolution or notice
of the order* denying the motion for reconsideration or new trial.
*Fresh period rule applies – in case a motion for MR/NT is filed, period shall be counted from notice
of denial
XPN: Extension may be allowed subject to the Court’s sound discretion, and only under exceptional
circumstances. The recognized exceptions are (Labao vs. Flores): (PIGS MELO FP SIS)
1. Most persuasive and weighty reasons;
2. To relieve a litigant from an injustice not commensurate with his failure to comply with the
prescribed procedure;
When to file 3. Good faith of the defaulting party by immediately paying within a reasonable time from the
time of default.
4. The existence of special or compelling circumstances.
5. The merits of the case
6. A cause not entirely attributable to the fault or negligence of the appellant.
7. Lack of any showing that the review sought is merely frivolous and dilatory.
8. The other party will not be unjustly prejudiced thereby.
9. Fraud, accident, mistake or excusable negligence without appellant’s fault.
10. Peculiar legal and equitable circumstances attendant to each case.
11. In the name of substantial justice and fair play.

12. Importance of the issues involved.

13. Exercise of sound discretion by the judge guided by all the attendant circumstances.
Filing of petition does not stay proceedings UNLESS there is a duly issued writ of preliminary
injunction or temporary restraining order.
*Judicial courtesy does not apply. Lower court must proceed with the principal case within 10 days
Effect of filing of from filing of the petition for certiorari absent a TRO or writ of preliminary injunction. Failure to
petition proceed may be a ground for administrative charges.
If higher court issued TRO or injunctive writ – they must decide the petition within 6 months from
issuance of the writ.
GR: A motion for reconsideration is a condition sine qua non to the filing of petition for certiorari
to allow the courts to correct its imputed errors. Certiorari, as a special civil action, will not lie
unless a motion for reconsideration is first filed.
XPNs: (PQU PUD RPX PP)

1. The order is a patent nullity, as where the court a quo has no jurisdiction
2. The questions raised have been duly raised and passed upon by the lower court or the same
as those raised and passed upon by the lower court
3. There is an urgent necessity for the resolution of question and a further delay would prejudice
Other pleadings the interest of the government or of the petitioner.
4. The subject matter of the action is perishable.
5. Under the circumstances, a motion for reconsideration is useless.
6. Petitioner was deprived of due process and there is an extreme urgency for relief.
7. In a criminal case, relief from order of arrest is urgent and the granting of such relief is
improbable.
8. The proceedings in the lower court are a nullity for lack of due process.
9. The proceedings were done ex parte or in which the petitioner had no opportunity to object.
10. Where the issues raised is one purely of law.
11. Where public interest is involved
1. To order the filing of a comment* within 10 days from notice if it finds the petition sufficient in
form and substance.
Court’s duty after 2. To deny the petition outright if not sufficient in form and substance;
filing of petition
*Order to comment shall be served together with the copy of the petition and the annexes thereto.
The court may require the filing of reply and such other responsive pleadings as necessary. s
* No summons is issued in petition for certiorari.
After comment 1. Hear the case; or
2. Require the parties to submit memoranda
When deemed After hearing or submission of memoranda or when the period to file the same has lapsed.
submitted for
decision
1. When the petition is found to e patently without merit.
Grounds for
2. The petition is prosecuted manifestly for delay; or
dismissal
3. The questions raised in the petition are too unsubstantial to require consideration.
Service of copy of A certified copy of the judgment shall be served upon the public respondent
judgment
Disobedience Shall be punished as contempt.
Primary relief is the annulment or modification of the judgment, order, resolution or proceeding
Relief
subject of the petition. Court may also award damages.
Appeal or Review The decision in a petition for certiorari under Rule 665 is reviewable by appeal because it is an
of judgment in original action. Not reviewable by another certiorari.
petition for
certiorari
CERTIORARI NOT A SUBSTITUTE FOR LOST APPEAL • Not available against interlocutory orders in cases
- GR: Certiorari cannot be made a substitute for an like:
appeal where it is available but was lost through a. Petition for writ of amparo
fault or negligence. b. Petition for a writ of habeas data
- XPN: Certiorari may still be invoked when appeal is c. Small claims cases
lost without the appellant’s negligence: d. Cases governed by the Rules on Summary
a. When the public welfare and the advancement Procedure (except where summary proceeding
of public policy dictate; is suspended indefinitely, Go vs. CA 297 SCRA
b. When the broader interests of justice so 574)
require; e. In cases of forcible entry and unlawful detainer
c. When the writs issued are null and void; cases
d. When the questioned order amounts to an • In cases where the purpose of the petition is to
oppressive exercise of judicial authority. question the merits of an arbitral award
• Decisions and final orders of Sandiganbayan, CA,
WHEN RULE 45 IS CONSIDERED AS RULE 65 VICE VERSA CTA (appealable to the SC by way of petition for
1. If the petition for certiorari was filed within the review on certiorari under Rule 45 raising only pure
reglementary period within which to file a petition questions of law)
for review on certiorari; • A court order denying a motion for the issuance of a
2. When errors of judgment are averred; writ of possession (may be appealed)
3. When there is sufficient reason to justify the
relaxation of the rules as when there is a significant PROHIBITION
issue of jurisdiction. - Is an extraordinary writ commanding a tribunal,
corporation, board, officer, or person, whether
WHEN CERTIORARI UNDER RULE 65 IS AVAILABLE exercising functions that are judicial, quasi-judicial
• An order denying a petition for relief or ministerial**, to desist from further proceedings
• An order dismissing an action without prejudice when such is conducted without or in excess of
(e.g. on the ground of lack of jurisdiction over the jurisdiction, or with grave abuse of its discretion,
subject matter or improper venue or failure to there being no appeal or any other plain, speedy ad
comply with rules on certification against forum adequate remedy in the ordinary course of law.
shopping)
• A resolution of the Justice Secretary affirming, **Expanded to include functions or acts that are neither
modifying or reversing the resolution of the judicial nor quasi-judicial nor ministerial (see Araullo vs.
investigating prosecutor which is final Aquino)
• An order to nullify the preventive suspension order
issued by the Ombudsman against a city mayor PURPOSE
(interlocutory and hence not appealable) - A preventive remedy
• Resolutions of the Ombudsman in preliminary - To secure an order or judgment to command the
investigations of criminal cases reviewed by the SC respondent tribunal, board, corporation or officer
• Party who was aggrieved by the decision of the to desist from further proceedings in the action.
NLRC after MR is denied - To prevent the unlawful and oppressive exercise of
• Judgment, resolution and final order of the legal authority and to provide for a fair and orderly
COMELEC and COA may be brought by the administration of justice.
aggrieved party to the SC on a petition for certiorari - To prevent an encroachment, excess, usurpation or
under Rule 65 assumption of jurisdiction
• Interlocutory order of a court
Note: A petition for declaratory relief may be treated as
WHEN CERTIORARI IS NOT APPLICABLE one for prohibition if the case has far-reaching
implications and raises questions that need to be
• When appeal or a plain, speedy or adequate
resolved for public good. (Diaz vs. Secretary of Finance)
remedy in the ordinary course of law is available
• Dismissal with prejudice (e.g. dismissed on the
REQUISITES FOR A WRIT OF PROHIBITION
grounds of res judicata, prescription,
1. The impugned act must be that of a tribunal,
extinguishment, or unenforceability under Statute
corporation, board or person exercising judicial,
of Frauds) is appealable and hence, not a subject of
quasi-judicial, or ministerial functions.
a petition for certiorari.

10 | P a g e NOTES IN CIVIL PROCEDURE II Bem Jamison (UNO-R Bacolod)
Ministerial function – is one which an officer or • It is not available against discretionary acts. It may
tribunal performs in the context of a given set of only be directed by mandamus to act but not to act
facts, in a prescribed manner and without regard in one way or the other.
for the exercise of his/its own judgment upon the • Where administrative remedies are available.
propriety or impropriety of the acts done. • It will not lie to compel performance of an act
prohibited by law.
2. The tribunal, corporation, board or person must • It cannot be availed to enforce performance of
have acted without or in excess of jurisdiction or contractual obligations.
with grave abuse of discretion amounting to lack
of jurisdiction. PRAYER IN MANDAMUS
3. There is no appeal or any other plain, speedy, and a. That judgment be rendered commanding the
adequate remedy in the ordinary course of law. respondent to do the act required to be done to
4. Shall be accompanied by a (a) certified true copy of protect the rights of the petitioner; and
the judgment or order subject of the petition, (b) b. That the respondent pay the damages sustained by
copies of all pleadings and documents relevant and the petitioner by reason of the wrongful acts of the
pertinent thereto, and (c) a sworn certification of respondent.
non-forum shopping.
REQUISITES FOR MANDAMUS
NOTES ON PROHIBITION 1. The plaintiff has a clear legal right to the act
- It is an original and independent action and not demanded.
merely a continuation of a part of the trial resulting *Clear legal right – is a right which is indubitably
in the rendition of the judgment or order granted by law or inferable as a matter of law.
complained of. 2. It must be the duty of the defendant to perform
- It cannot be resorted to when the ordinary and the act because the same is mandated by law.
usual remedies provided by law are adequate and 3. The defendant unlawfully neglects the
available. performance of the duty enjoined by law.
- Jurisdiction is lodged in the SC, CA, and RTC subject 4. The act to be performed is ministerial, not
to the observance of the hierarchy of courts. discretionary.
5. There is no appeal or any other plain, speedy and
MANDAMUS adequate remedy in the ordinary course of law.
- Is an extraordinary writ commanding a tribunal,
corporation, board, officer, or person, to do an act WHEN MANDAMUS MAY LIE TO COMPEL
required to be done, as in the following: DISCRETIONARY ACTIONS
a. When it or he unlawfully neglects the - GR: Mandamus may not lie to compel action for
performance of an act which the law acts to be performed with exercise discretion. It is
specifically enjoins as a duty resulting from an nonetheless available to only compel action, when
office, trust or station, and there is no other refused, but not to direct the exercise of judgment
plain, speedy and adequate remedy in the in a particular manner.
ordinary course of law. - XPN: Mandamus may lie in cases where there is
b. When one unlawfully excludes another from gross abuse of discretion, manifest injustice, or
the use and enjoyment of a right or office to palpable excess of authority.
which such other is entitled and there is no
JUDGMENT OF MANDAMUS
plain, speedy, and adequate remedy in the
- It is in the nature of special judgment as it requires
ordinary course of law.
the performance of an act other than the payment
- PURPOSE: To command, not to inquire, expedite or
of money or the sale or delivery of real or personal
adjudicate.
property.
- In case of favourable judgment of mandamus: A
MANDAMUS NOT AVAILABLE
certified copy of the judgment shall be attached to
• It will not issue to compel an official to do anything
the writ of execution and shall be served by the
which is not his duty to do or which it is his duty not
officer upon the party against whom the same is
to do, or to give the applicant anything to which he
rendered or upon any person required thereby, or
is not entitled by law.
by law, to obey the same.
• It will also not issue to enforce a right which is in - Duty of respondent: Shall be ordered to perform
substantial dispute or as to which a substantial the act required to be done and to pay damages.
doubt exists.

WRIT OF CONTINUING MANDAMUS/ WRIT OF KALIKASAN (RULES ON PROCEDURE FOR

ENVIRONMENTAL CASES)
A. WRIT OF CONTINUING MADAMUS

- It is a writ issued by the court in an environmental case directing any agency or instrumentality of the government or
officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until
judgment is fully satisfied.
Background: See MMDA vs. Concerned Residents of Manila Bay (GR Nos. 171947-48 December 18, 2008) where SC
ruled as to the nature of the duty (discretionary or ministerial) of the MMDA to clean up, rehabilitate, and protect the
Manila Bay. SC ruled that while the implementation of the MMDA’s mandated tasks may entail decision-making
process, the enforcement of the law or the very act of doing what the law exacts to be done is ministerial in nature
and may be compelled by mandamus. As a result, MMDA and other petitioner-agencies were required to each
submit to the Court a quarterly progressive report of the activities undertake in accordance with the decision, in line
with the principle of “continuing mandamus”.
WRIT OF CONTINUING MANDAMUS

1. When any agency, instrumentality of the government, or officer:
a. unlawfully neglects the performance of an act which the law specifically enjoins as a duty
resulting from an office, trust or station in connection with the enforcement or violation of an
When availed environmental law, rule or regulation or a right therein;
b. unlawfully excludes another from the use and enjoyment of a right
2. There must be a showing that there is no other plain, speedy and adequate remedy in the ordinary
course of law.
a. It shall alleged the facts with certainty
b. Shall attach supporting evidence
Contents of c. Shall specify that the petition concerns an environmental law, rule or regulation
petition d. Shall pray that judgment be rendered commanding respondent to do an act or series of acts until
judgment is fully satisfied and to pay damages
e. Shall contain a sworn certification of non-forum shopping
Jurisdiction RTC where the actionable neglect/ omission occured, CA, or SC
Docket fees No docket fees, petitioner shall be exempt from payment thereof.
The court may:
a. Issue such orders to expedite proceedings; and
Duty of the b. Also grant a Temporary Environmental Protection Order (TEPO) for the preservation of rights of
court after parties pending such proceedings
filing petition
* TEPO is granted if it appears that the matter is of extreme urgency and the applicant will suffer
grave injustice or irreparable injury.
If the petition sufficient in form and substance, the court shall issue the writ and require respondent to
comment within 10 days from receipt of copy.
Order to Note: The writ is issued as a matter of course if the petition is sufficient in form and substance.
comment
The order to comment shall be served on the respondents together with the copy of the petition and
annexes thereto.
After
1. Hear the case (summary in nature);
comment
2. Require the parties to submit memoranda
Period to The petition shall be resolved without delay within 60 days from the date of the submission of the
render petition for resolution.
judgment
Judgment 1. If warranted, the court shall:

a. Grant the privilege of the writ of continuing mandamus requiring the respondent to perform
an act or series of acts until judgment is fully satisfied; and
b. Grant such reliefs as may be warranted resulting from the wrongful or illegal acts of the
respondent.
2. Court shall also require respondent to submit periodic reports detailing the progress and execution
of the judgment. Court or thru an appropriate agency, shall evaluate and monitor compliance.
3. The periodic reports shall be contained in partial returns of the writ.
Duty of The petitioner may submit its comments or observations on the execution of the judgment
petitioner
Upon full satisfaction of the judgment, respondent shall make a final return of the writ to the court.
Return of the
writ If the court finds that it has been fully implemented, satisfaction of judgment shall be entered in the
court docket.
B. WRIT OF KALIKASAN
REQUISITES FOR THE WRIT OF KALIKASAN
1. The writ is available to a natural person, juridical person, entity authorized by law, people’s organization, non-
governmental organization, or any public interest group accredited by or registered with ay governmental agency.
2. May be filed not only on one’s personal behalf but also on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated.
3. An actual violation of the constitutional right to a balanced and healthful ecology is not required before the writ
may be availed of. It is sufficient that the right is threatened with a violation.
4. The violation or threatened violation is caused by an unlawful act or omission and the one responsible for such is a
public official, public employee, private individual, or private entity.
5. The unlawful act or omission involves an environmental damage of such magnitude as to prejudice the life, health
or property of inhabitants in two or more cities or provinces.
WRIT OF KALIKASAN
a. Names and personal circumstances of the petitioner and respondent.
b. The environmental law, rule or regulation violated or threatened to be violated.
c. The acts or omissions complained of.
d. The environmental damage of such magnitude as to prejudice the life, health or property of
Contents of
inhabitants in two or more cities or provinces.
petition
e. All relevant and material evidence such as affidavits of witnesses, documentary evidence,
scientific or expert studies, and if possible, object evidence.
f. The equivalent of a certification against forum shopping which shall be under oath.
g. Shall state the reliefs prayed for.
Jurisdiction SC or any of the stations of the CA
Docket fees No docket fees, petitioner shall be exempt from payment thereof
If the petition sufficient in form and substance, the court shall give an order:
Duty of the a. Issuing the writ; and
court after b. Requiring respondent to file a verified return.
filing petition
The order shall be issued within 3 days from date of filing of petition.
Duty of clerk Shall issue the writ of kalikasan under the seal of the court including the issuances of a Cease and
of court after Desist Order and other temporary reliefs which shall be effective until further orders.
receipt of
order
Penalty for Shall be punished for contempt, if clerk of court (a) unduly delays, or (b) refuses to issue the writ
non-issuance after its allowance by the court, without prejudice to other civil, criminal, or administrative actions.
of writ
Service of Shall be served personally (if not possible, via substituted service) upon the respondent by a court
writ officer or any person deputized by the court. Server is required to retain a copy of the writ on which to
make a return of service.
Penalty for Shall be punished for contempt, if the court officer or deputized person (a) unduly delays, or (b)
non-service refuses to serve the writ, without prejudice to other civil, criminal, or administrative actions.
of writ
Shall be filed within a period of 10 days after service of the writ
Verified
return of
*Non-extendible; a motion to extend time to file return is prohibited. Motion for bill of particulars
respondent
and motion for postponement are also prohibited.
a. All defenses to show that the respondent did not (a) violate, (b) threaten to violate, (c) allow the
violation, or (d) commit any act resulting to environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces.
Contents of
b. Shall include affidavits of witnesses, documentary evidence, scientific or other expert studies, and
verified
if possible, object evidence, in support of the defense.
return
*General denial of the allegations in the petition shall be considered as an admission thereof.
*All defenses not raised in the return shall be deemed waived.
Court shall proceed to hear the petition ex parte.
Failure to file
Cannot declare respondent in fault because a motion to declare default is a prohibited motion.
return
Respondent is also not allowed to file a motion to dismiss because it is prohibited. (Rules of
Procedure for Environmental Cases)
The respondent who (a) refuses, (b) unduly delays the filing of return, or (c) makes a false return
Contempt
may, after hearing, be punished for indirect contempt.
Preliminary Not mandatory. Upon receipt of return, the court may call for preliminary conference in order to:
conference/ a. Simplify the issues; and
hearing b. Determine the possibility of obtaining stipulations or admissions from parties.
Party may file a verified motion for the such reliefs:
Allowable
1. Ocular inspection order;
motions
2. Production or inspection of documents or things.
After Petition shall be set for hearing which shall not exceed beyond 60 days, including the preliminary
preliminary conference.
hearing
The court shall issue an order submitting the case for decision.
After hearing
**The court may require filing of memoranda within a non-extendible period of 30 days from date
the petition is submitted for decision. Memoranda may be in electronic form, if possible.
Period to The petition shall be resolved without delay within 60 days from the date of the submission of the
render petition for resolution.
judgment
Duty of court May either grant or deny the privilege of the writ of kalikasan.
With the SC under Rule 45, within 15 days from notice of adverse judgment of denial of MR. Appeal
Appeal
may raise questions of fact (exception to the general rule).
Note: The filing for petition for the issuance of the writ of kalikasan shall not bar filing of other actions separate from the
petition, which may be civil, criminal, or administrative.
RELIEFS WHICH THE COURT MAY GRANT UNDER A WRIT OF KALIKASAN
- Directing the respondent public official, public employee, private individual or private entity:
a. To permanently cease and desist from committing acts or neglecting the performance of a duty in violation of
environmental laws resulting in environmental damage.
b. To protect, preserve, rehabilitate or restore the environment.
c. To monitor strict compliance with the decision and orders of the court.
d. To make periodic reports on the execution of the final judgment.

e. Such other reliefs which relate to the right of the people to a balances and healthful ecology or to the
protection, preservation, rehabilitation or restoration of the government, except the award of damages to
individual petitioners.
RULES OF PROCEDURE FOR ENVIROMENTAL CASES

Prohibited Pleadings Prohibited Motions
1. Counterclaim 1. Motion to dismiss
2. Cross-claim 2. Motion for extension of time to file return
3. Third-party compaint 3. Motion for postponement
4. Reply 4. Motion for a bill of particulars
5. Motion to declare respondent in default
RULE 66 – QUO WARRANTO

QUO WARRANTO PROCEEDING
- Generally defined as an action against a person who usurps, intrudes into, or unlawfully holds or exercises a public
office or even a public franchise.
- It is specifically described as the usurpation of a public office, position, or franchise that is commenced by a verified
petition in the name of the Republic of the Philippines.*
*In certain cases, however, petition may be brought by an individual in his own name if he claims to be entitled to a
public office usurped or unlawfully held or exercised by another.
QUO WARRANTO
1. Solicitor General
Who may
2. A public prosecutor
commence
3. A private person
1. Person – one who usurps, intrudes into, or unlawfully holds or exercises a public office, position or
Against franchise.
whom 2. Public Officer – one who does or suffers an act which, by the provision of law, constitutes a ground
petition may for the forfeiture of his office.
be brought 3. Association – one which acts as a corporation within the PH without being legally incorporated or
without lawful authority to do so.
• The Solicitor General or a Public Prosecutor:
a. MUST commence action when the President or when upon complaint or otherwise he has a good
reason to believe that any case specified in the Rules can be established by proof.
b. MAY commence action at the request or upon the relation of another person, with the permission
of the court where the action is to be commenced*
When to
*The officer bringing the action must first require indemnity for expenses and costs of action from the
commence
person at whose request and upon whose relation the action is brought, such indemnity shall be in
action
amount approved by court and deposited with it.
• Private Person:
- Not any person but the one who claims to be entitled to a public office usurped or unlawfully held
or exercised by another.
- He must show that he has a clear right to the office allegedly being held by another
When action is against a person usurping a public office, position or franchise, petition shall include:
Contents of a. The name of the person who claims to be entitled thereto, if any.
petition b. The petitioner’s right to the same
c. Unlawful possession of the office, position or franchise by the respondent

GR: RTC which has jurisdiction over the territorial area where respondent(s) resides, CA or SC.
If commenced by the Solicitor General – RTC of the City of Manila, CA or SC.
Quo warranto arising from cases filed under E.O. No. 1 (Creating the Presidential Commission of Good
Government), E.O. No. 2 (Regarding Funds and Assets Illegally Acquired by former President Marcos),
E.O. No. 14 and 14-A issued in 1986 (Jurisdiction over cases involving the ill-gotten wealth of former
President Marcos). – exclusive original jurisdiction of Sandiganbayan
Jurisdiction
Quo warranto under Omnibus Election Code – COMELEC, RTC, MeTC or MTC, as the case may be.
• Ineligibility or disloyalty to the Republic by any member of the Batasang Pambansa, regional,
provincial or city officer -> COMELEC within 10 days after proclamation of the results of election.
• Ineligibility or disloyalty to the Republic by any municipal or barangay officer -> RTC, MTC or MeTC
within 10 days after proclamation of the results of election.
• Qualification of an elected member of HR or Senate -> House of Representatives Electoral Tribunal
(HRET) or Senate Electoral Tribunal (SET)
Period for Quo warranto by reason of ouster from public office – within 1 year from the time the cause of ouster,
filing or the right of petitioner to hold office arose
If respondent is found guilty of usurping:
a. Respondent shall be ousted and excluded from office
Judgment
b. Petitioner or relator shall recover his costs
c. Such further judgment determining the respective rights in and to the public office of all parties
May exercise the following rights after taking his oath of office and executing the required bond:
Rights of a. Take upon himself the execution of office
persons b. Immediately thereafter demand of the respondent all the books and papers in the respondent’s
adjudged to custody or control appertaining to the office to which the judgment relates
be entitled to o If respondent refuses, he may be punished for indirect contempt
office c. May also recover damages sustained by reason of the usurpation.
o May sue for damages within 1 year from entry of judgment establishing his right to office
Applies only to de facto corporations.
Quo De facto corporation – one which, in good faith, claims to be a corporation being organized pursuant to
warranto a valid law and assumes corporate powers because it was issued a certificate of incorporation.
against
corporations *Cannot be attacked collaterally in any private suit to which the corporation may be a party. Such
inquiry may be made by the Solicitor General in a quo warranto proceeding.
QUO WARRANTO IN ELECTIVE OFFICE versus QUO WARRANTO IN APPOINTIVE OFFICE

ELECTIVE OFFICE APPOINTIVE OFFICE
Governing Law is the Election Law Rules of Court governs
Issue is the eligibility or loyalty of the person elected Issue is the legality of the occupancy of office by virtue of the
appointment
Petition must be filed within 10 days after proclamation Petition must be filed within 1 year from the time the cause
of the results of election of ouster, or the right of petitioner to hold office arose
Jurisdiction is with the COMELEC, RTC, MTC or MeTC Jurisdiction is with SC, CA or RTC
Petitioner may be any voter Petitioner is the person claiming to be entitled to the office
QUO WARANTO IN ELECTIVE OFFICE versus ELECTION PROTEST

QUO WARANTO IN ELECTIVE OFFICE ELECTION PROTEST
Issue is the eligibility or loyalty of the person elected Cause of action is the irregularity of conduct of the elections
Proposes to unseat the ineligible person from office but Proposes to oust the winning candidate from office and
not to install petitioner in his place install the one who is determined to have obtained the
majority votes and is entitled to the office
Can be filed by any voter Can only be filed by a candidate who has duly filed a COC
and has been voted for in the preceding elections
RULE 67 – EXPROPRIATION EXERCISE OF EMINENT DOMAIN BY LOCAL

GOVERNMENT UNITS
- Power of eminent domain is delegated to LGUs thru
EXPROPRIATION RA 7160 ‘The Local Government Code”.
- One of the inherent powers of the state. - Requisites for a valid exercise of eminent domain
- A right to take or reassert dominion over property by an LGU:
within the state for public use or meet a public a. An ordinance is enacted by a local legislative
exigency. council to exercise the power of eminent
- The ultimate right of the sovereign power to domain, or pursue expropriation proceedings
appropriate, not only the public but the private over a particular private property through its
property of all citizens within the territorial chief executive.
sovereignty, for public purpose and upon payment b. The power of eminent domain is exercised for
of just compensation. public use, purpose or welfare, or for the
- Is not limited to the acquisition of real property but benefit of the poor and the landless.
also includes acquisition of the right-of-way c. The power may be exercised through its chief
easement (NPC vs. Gutierrez) executive acting pursuant to the enacted
ordinance.
PUBLIC USE d. There is payment of just compensation.
- Any use that is of “usefulness, utility, or e. A valid and definite offer has been previously
advantage, or what is productive of general made to the owner of the property sought to
benefit of the public”. be expropriated, but the said offer was not
- If the public necessity ceases to exist or the accepted.
property is used for another public use different - The LGU may immediately take possession of the
from the declared purpose, there is no more point property:
for the government to retain the expropriated land. a. Upon filing of the expropriation proceedings;
- The expropriator should commit to use the and
property pursuant to the purpose stated in the b. Upon making a deposit with the proper court
petition, failing which, it should file another of at least 15% of the fair market value* of the
petition for the new purpose. If not, the property based on the current tax declaration
expropriator must return said property to the of the property to be expropriated.
private owner if the latter desires to reacquire it. *fair market value at the time of the taking
JUST COMPENSATION STAGES OF EXPROPRIATION

- Defined as the full and fair equivalent of the 1. First stage
property. - Determination of the authority of the plaintiff to
- Also includes interest awarded if compensation is expropriate, including an inquiry into the propriety
not paid when the property is taken and payment is of the expropriation – its necessity and the public
postponed to a later purpose.
- In determining just compensation, the nature and - The first stage will end in:
character of the land should be principally o Issuance of an order of expropriation if
considered. the court finds for the plaintiff; or
o Dismissal of the complaint if the court
GOVERNMENT’S TITLE TO THE EXPROPRIATED LAND finds otherwise.
- The government does not acquire unrestricted 2. Second stage
ownership over or a fee sample title to the - Determination of just compensation through the
expropriated land. court-appointed commissioners.
- The taking of the private land is conditioned on its
continued devotion to its public purpose. Once the
purpose is terminated or peremptorily abandoned,
former owner, if he so desires, may seek its
reversion, subject to the return of just
compensation.

EXPROPRIATION
By filing a verified complaint.
How filed *Necessary only when the owner does not agree to sell his property or willing to sell but does not
agree with the price offered.
a. Must state with certainty the right of the plaintiff to expropriation and the purpose thereof.
Contents of b. Must describe the real or personal property sought to be expropriated
complaint c. Must join as defendants all persons owing or claiming to own, or occupying any part of the
property or interest therein, showing so far as practicable, the interest of each defendant.
Service of summons Service of summons to the defendant is required
RTC, regardless of the value of the property because it is an action incapable of pecuniary
Jurisdiction
estimation.
The defendant shall serve an answer if he has objection to the:
• Filing of the complaint;
Answer • Allegations in the complaint; or
• Objection or defense to the taking of his property.
Answer shall be served within the time stated in the summons.
a. Must specifically designate or identify the property in which the defendant claims to have an
interest
Contents of answer b. Must state the nature and extent of the interest claimed
c. Must allege all objections and defenses to the taking of the property because those not
adduced are deemed waived
Remedy when some To seek leave to amend the answer within 10 days from the filing thereof
defenses are *leave of court required
omitted
Other pleadings Answer with a counterclaim, cross-claim or third-party complaint not allowed.
Effect of waiver of Defendant will not totally lose his standing in court (unlike defendant in an ordinary civil action) as
defenses or failure he may present evidence as to the amount of compensation to be paid for his property, and share
to answer in the distribution of the award.
Not required if the defendant has no objection or defense to the action or to the taking of
property. Instead, he may file and serve:
When answer not
• Notice of appearance; and
required
• Manifestation of the fact that he has no objection or defense to the taking of property.
*Must be filed within the time stated in the summons
1. Upon filing of the complaint or at any time thereafter;
2. After due notice to the defendant
When may 3. Upon deposit with the proper government agency an amount equivalent to the assessed value
government take of the property for purposes of taxation with an authorized government depositary, which
possession deposit shall be held by the bank subject to the orders of the court.
- In case of personal property, amount to be deposited shall be fixed by the court after the
value of the property is provisionally ascertained.
Court shall order sheriff or other proper officer to place the plaintiff in possession of the property
Effect of making
and promptly submit a report to the court.
deposit
*hearing not required before immediate possession can be granted to the plaintiff.
Serves as advance payment to the owner of the property should the court decide in favour of the
Purpose of deposit plaintiff; otherwise, deposit shall serve as indemnity against any damage which the owner may
sustain.
*Applies only to expropriation by the national government for “national infrastructure projects”
Upon filing of complaint and after due notice to the defendant, the implementing agency shall:
Rules under RA • Immediately pay the owner of the property (before the writ may issue) equivalent to the sum
8794 of 100% of the value of the property based on:
a. Zonal valuation of the BIR; and
b. Value of the improvements and/or structures under the replacement cost method, or if not
available and in cases of utmost urgency, the proffered value of the property to be seized.
Declares that the plaintiff has a lawful right to take the property for the public use or purpose
Order of described in the complaint upon payment of just compensation. The order shall issue in any of the
expropriation/ following cases:
condemnation a. In the event the objections of the defendant are overruled; or
b. When no party appears to object to or defend against the expropriation.
(end of first
stage) *Plaintiff is not allowed to dismiss or discontinue proceedings after rendition of the order of
expropriation, except upon such terms as the court deems just and equitable.
Appealable by any party aggrieved by such order
Appeal from order
*Appeal shall not, however, prevent the court from determining just compensation.
of expropriation
*Appeal shall not also delay the right of the plaintiff to enter upon the property and appropriate the
same for public use or purpose.
If appellate court determines that plaintiff has no right to expropriate, judgment shall be rendered
ordering the RTC:
Reversal of RTC
- To enforce restoration of the possession of the property to defendant; and
decision on appeal
- To determine the damages which the defendant sustained and may recover by reason of the
possession taken by the plaintiff.
Upon issuance of the order of expropriation, court shall appoint not more than 3 commissioners to
ascertain just compensation (mandatory requirement).
Objections for appointment: Must be made within 10 days from service of order of appointment
and shall be resolved within 30 days after all commissioners received copies of the objections.
Fees of commissioners: Entitled to fees which shall be taxed as part of the costs of the
proceedings, and all costs, as a rule, shall be paid by the plaintiff except those of rival claimants
litigating their claims.
When may findings of commissioners be disregarded by the trial court:

a. Where commissioners have applied illegal principles to the evidence submitted to them
b. Where they have disregarded a clear preponderance of evidence; or
c. Where the amount allowed is either grossly inadequate or excessive.
Important: Hearing/trial with the aid of commissioners is required to afford parties the
opportunity to present their own evidence.
Determination of
just compensation Absence of trial: Court should disregard commissioners’ findings as this constitutes violation of due
(second stage) process. (NPC vs. Dela Cruz)
When to ascertain just compensation:

- As of the time of the taking, which usually coincides with the commencement of expropriation
proceedings; if institution of action precedes entry into the property, JC is to be ascertained as
of the time of the filing of the complaint. (NPC vs. Diato-Bernal)
- As of the date of the taking of the property or the filing of the complaint, whichever comes first
(NPC vs. Bagui; Sec 4 Rule 67)
- Expropriation by LGUs: Fair market value at the time of the taking of the property
Ascertainment of just compensation:

• Assess consequential damages to the property
• Deduct consequential benefits to be derived by owner from the public use of property taken
*In no case shall the consequential benefits exceed the consequential damages.
Guidelines for proper determination of just compensation:

1. JC must be valued at the time of taking of the property;
2. Interest may be awarded depending on the circumstances of the cases; and
3. JC must be arrived pursuant to the guidelines set forth in Section 17 of RA 6657, if inapplicable;
RTC must clearly explain reasons for deviating therefrom.
The court has the following options:
a. Accept the report – it shall render judgment in accordance with the report
Judgment as to
b. Set aside the report – it may appoint new commissioners or recommit same commissioners for
compensation
further reports of facts
c. Accept the report in part the reject the same in part
Appealable but shall not lay the right of the plaintiff to enter upon the property and appropriate the
Appeal for
same for public use or purpose.
judgement as to
compensation
*If judgment is affirmed on appeal – owner of property who appealed shall pay for costs of appeal
Shall consist of the amount fixed in the judgment, including the legal interest from the taking of
the possession of the property.
Payment of just
compensation In case payment is refused or owner uncertain or there are conflicting claims: Amount shall be
ordered deposited in court and such deposit shall have the same effect as actual payment thereof
to the defendant or he person ultimately adjudged entitled thereto
a. Enter upon the property expropriated;
Right of plaintiff
b. Appropriate the same for public use or purpose defined in the judgment; or retain possession
after judgment and
already taken in accordance with Section 2 of Rule 67 (where government may immediately
payment
take possession upon payment of deposit)
GR: Does not automatically entitle private landowner to recover possession of the property
Non-payment of
just compensation XPN: Where government failed to pay JC within 5 years from the finality of judgment in the
expropriation proceedings, owner shall have the right to recover possession of the property.
The judgment shall:
- State definitely and describe adequately the particular property or interest expropriated
- State definitely the nature of the public use or purpose for which the property is expropriated
Recording of
When property expropriated is a real estate: Certified copy of judgment shall be recorded in the
judgment
ROD of the place where the property is located.
Purpose of recording: Shall vest upon the plaintiff the title to the real estate so described for such
public use or purpose
RULE 68 – FORECLOSURE OF REAL ESTATE MORTGAGE

REAL ESTATE MORTGAGE
- Is an accessory contract executed by a debtor in favour of a creditor over real property or alienable real rights as
security for the principal obligation (loan or mutuum).
- The mortgage creates a real right which follows the property where the owner may be after the constitution of
mortgage.
- Mortgagor need not be the debtor and the latter need not be the mortgagor.
DRAGNET CLAUSE OR BLANKET MORTGAGE CLAUSE

- A provision which provides that mortgage is a security for past, present and future indebtedness.
- Where it may exceptionally secure future loans, these future debts must be sufficiently described in the mortgage
contract.
PACTUM COMMISSORIUM
- A stipulation empowering the creditor to appropriate the thing given as guaranty for the fulfilment of the obligation
in the event the obligor fails to live up to his undertakings, without further formality, such as foreclosure proceedings
and a public sale.
- Automatic appropriation of mortgaged property by creditor in case of non-payment of obligation within the
stipulated period. – NOT VALID; NULL AND VOID
FORECLOSURE OF REAL ESTATE MORTGAGE

How filed By filing a complaint.
When foreclosure is When debtor is in default, meaning, payment is not made after a valid demand unless contract
proper stipulates that demand is not necessary for default to arise.
In case of default, creditor may either:
1. File an action for collection of sum of money; or
Alternative
2. Foreclose the mortgage, if one has been constituted.
remedies of
creditor
*Election of one operates as a waiver of the other. By filing an action for collection, plaintiff is
considered to have abandoned or waived his mortgage lien on the property, and vice versa.
Jurisdiction MTC or RTC, depending on the assessed value of the property involved (BP 129)
1. Judicial Foreclosure – Rule 68 of the Rules of Court; or
Modes of
2. Extrajudicial Foreclosure – used if there is a special power inserted in or attached to the real
foreclosure
estate mortgage contract allowing an extrajudicial foreclosure sale
a. The date and due execution of the mortgage;
b. The assignments of the mortgage, if any;
c. The names and residences of the mortgagor and mortgagee;
Contents of the d. Description of the mortgaged property;
complaint e. Statement of the date of the note and other documentary evidence of the obligation secured
(Sec. 1, Rule 68) by the mortgage;
f. Amount claimed to be unpaid thereon;
g. Names and residences of all persons having or claiming interest in the property subordinate in
right to that of the holder of the mortgage, all of whom shall be made defendants in the action.
After trial, if the court finds that the matters alleged in the complaint are true, it shall render a
judgment containing:
a. Ascertainment of the amount due to the plaintiff upon the mortgage debt including interest
and other charges and costs approved by the court
Judgement on b. Judgment for the sum found due
foreclosure c. Order that the amount found due be paid to the court or to the judgment obligee within a
(Sec. 2, Rule 68) period of NOT LESS THAN 90 DAYS NOR MORE THAN 120 DAYS from entry of judgment.
d. Admonition that, in default of such payment, property shall be sold at a public auction to satisfy
judgment
*Judgment on the court for above matters is appealable.

Equity of redemption
- Right to extinguish the mortgage and retain ownership of the property by paying the debt
within the 90-day period. Mortgagor may also exercise this right even beyond the 90-day
period and even after foreclosure itself, provided it be before the order of confirmation of
sale.
Remedy of the
GR: Right of redemption – applicable only to extrajudicial foreclosure; it is a right granted to
obligor
mortgagor to reacquire the property even after the confirmation of sale and registration of the
certificate of sale (one year from registration of sale, except if mortgagor is a juridical person –
within 3 months after foreclosure).
XPN: If mortgagee is a bank, there is a right of redemption of one year from registration of sale
even in judicial foreclosures.
Failure to pay Mortgagee to file a motion for sale of the mortgaged property, which may be made ex parte and
within the period without notification to the debtor.
(Sec. 4, Rule 68)
After foreclosure, mortgage should file a motion for confirmation of sale, which requires a notice
Confirmation of
and a hearing. Mortgagor is allowed to show cause why sale should not be confirmed during the
Sale
hearing; if mortgagor was not notified: subsequent confirmation is invalid and mortgagor may still
(Sec. 3, Rule 68)
insist to exercise his right to equity of redemption.

After hearing, if the court finds valid grounds for its confirmation, it shall issue an order confirming
Effect of the foreclosure sale (a final judgment, hence, appealable).
confirmation of sale
(Sec. 3, Rule 68) Effect of confirmation: Shall operate to divest the rights in the property of all the parties to the
action and vests their rights in the purchaser.
Finality of the Order of confirmation of sale shall become final if not appealed within the period for appeal.
confirmation of sale
Writ of possession shall be issued, upon motion, to the purchaser at the auction sale or last
redemptioner:
Writ of possession - Upon finality of the order of confirmation of sale; or
(Sec. 3, Rule 68) - Upon expiration of the period of redemption, when allowed by law.
*may be done ex parte

Proceeds of the sale, after deducting the costs of the sale, shall be paid to the person foreclosing
the mortgaged.
In case of deficiency:
a. Court, upon motion of the mortgagee, shall render judgment against defendant for balance.
No need to file separate action to recover deficiency.
b. If balance is all due at the time of judgment, execution may issue immediately.
Proceeds of c. If not due, execution will issue at such time as the remaining balance becomes due, such due
foreclosure sale date shall be stated in the judgment.
(Sec. 4 & 6, Rule 68)
Note: Deficiency judgment is an action in personam, hence, jurisdiction over the person is
required. Deficiency judgment is appealable.
In case of excess:
a. Shall be paid to junior encumbrances in order of priority;
b. If there is still excess or if there are no junior encumbrances, the same shall be returned to the
mortgagor or any person entitled thereto
Certified copy of the final order of confirmation of sale shall be registered in the ROD.
a. Where right of redemption not available
- Title in the name of mortgagor shall be cancelled
- A new one shall be issued in the name of the purchase
b. Where right of redemption exists
- Certificate of sale and order of confirmation of sale shall be registered
- A brief memoranda thereof shall be made by the ROD upon the title
Registration of Sale - Title in the name of mortgagor shall not be cancelled
(Sec. 7, Rule 68) - If property is redeemed:
o Deed of redemption shall be registered with the ROD
o A brief memoranda thereof shall be made by the ROD upon the title
- If property is not redeemed:
o Final deed of sale executed by the sheriff in favour of the purchaser shall be
registered with the ROD
o Title in the name of mortgagor shall be cancelled
o A new one shall be issued in the name of the purchase

RULE 69 - PARTITION STAGES OF PARTITION

1. First phase
- Determination of whether or not a co-ownership
PARTITION
exists and a partition is proper and may be made by
- The separation, division and assignment of a thing
voluntary agreement of all parties interested in the
held in common among those to whom it may
property.
belong.
- The first stage will end in:
- The division between two or more persons of real
o Declaration that the plaintiff is not
or personal property, owned in common, setting
entitled to have a partition either because
apart their respective interests so that they may
a co-ownership does not exist or partition
enjoy and possess these in severalty, resulting in
is legally prohibited; or
the partial or total extinguishment of co-ownership.
o Adjudgment that a co-ownership does in
- Partition among heirs not legally deemed as
truth exist, partition is proper and the
conveyance of real property resulting in change of
accounting of rents and profits received by
ownership.
the defendant from the real estate in
- Presupposes co-ownership.
question is in order.
- Legal effect of partition: Termination of the co-
2. Second stage
ownership and consequently, making the previous
- Commences when it appears that the parties are
co-owners the absolute and exclusive owner of the
unable to agree upon the partition directed by the
share allotted to him.
court.
DEMAND FOR PARTITION
- GR: A co-owner may demand, at any time, the PARTITION
partition of the property owned in common in so How filed By filing a complaint.
far as his share is concerned. The person who has a right to compel
- XPNs: the partition of real estate or of an
a. There is an agreement among the co-owners to estate composed of personal
keep the property undivided for a certain property, or of both real and personal
period of time not exceeding 10 years (may be property.
extended by a new agreement). Who may file
b. When partition is prohibited by the donor or (Sec. 1 and 13,
Plaintiff: person who is supposed to
Rule 69)
testator for a period not exceeding 20 years. be a co-owner of the property or
c. When partition is prohibited by law. estate sought to be partitioned.
d. When property is not subject to a physical
division and to do so would render it Defendant: All co-owners must be
unserviceable for the use for which it is joined as indispensable parties.
intended. Multiple appeals Allowed
e. When the condition imposed upon the MTC or RTC, depending on the
voluntary heirs before they can demand Jurisdiction assessed value of the property
partition has not yet been fulfilled. involved (BP 129)
a. The nature and extent of his title
PRESCRIPTION b. Adequate description of the real
- GR: Right of action to demand partition does not or personal estate of which
prescribe. partition is demanded.
- XPN: Where one of the interested parties openly ad c. Join as defendants all other
adversely occupies the property without Contents of the persons interested in the
recognizing the co-ownership, in which case, complaint property
acquisitive prescription may set in. (Sec. 1,8,13, Rule d. Must also include a demand for
69) an accounting of the rents,
MODES OF PARTITION profits, and other income from
1. By agreement of the parties; or the property which he may be
2. By judicial proceedings, if parties cannot reach an entitled to as his share (Note:
agreement Must be set up in the same action;
otherwise barred)
*Allegations in the complaint asserting exclusive
ownership of plaintiff – not partition but recovery action
The court shall determine WON: 3. Set aside the report and appoint
- The plaintiff is truly a co-owner of new commissioners
the property 4. Accept the report in part and
- That there is co-ownership among reject it in part
Trial
parties 5. Make such order and render such
- Prescription is not legally judgment that shall effectuate a
proscribed fair and just partition of the
- Partition is in order estate
Shall be issued if the court finds that
Order of
the plaintiff has the right thereto. *Proceedings before the
partition
commissioners shall not bind the
(Sec. 2, Rule 69)
*Appealable parties or pass title until the court
By virtue of the order of partition, the shall have accepted the report and
parties may make the partition rendered judgment thereon.
among themselves. Shall have the effect of vesting in each
Judgment of
a. If they agree party to the action the portion of real
partition
- The court shall confirm the estate assigned to him.
partition agreed upon and such A certified copy of the judgment shall
Effect of order partition and the order of the be recorded in the ROD of the place
of partition court confirming the same shall Recording of the where the real estate is located.
(Sec. 2 & 3, Rule be recorded in the ROD of the judgment
69) place where the property is Expenses of such recording shall be
situated. taxed as part of the costs of action.
b. If they do not agree RULE 70 – FORCIBLE ENTRY AND

- Partition shall be done by the
court with the assistance of not UNLAWFUL DETAINER
more than 3 commissioners
If the commissioners determine that ACTIONS TO RECOVER POSSESSION OF REAL PROPERTY
the property cannot be divided 1. ACCION PUBLICIANA – action to recover right
without prejudice to the interest of of possession
the parties, the court may order:
1. Assignment to one of the parties 2. ACCION REIVINDICATORIA – action to recover
When division
willing to take the same provided ownership
would be
he pays to other parties such *Jurisdiction for 1 and 2 is with MTC or RTC
prejudicial
amounts as the commissioner depending on assessed value of the property
(Sec. 4, Rule 69)
deem equitable; or
2. If one of them asks the property 3. ACCION INTERDICTAL – A summary action for
be sold instead of being assigned, either:
the commissioners shall sell the a. FORCIBLE ENTRY – An action to recover
property at a public sale. possession of a property from the
Report to the court shall be served by defendant whose occupation thereof is
the clerk of court upon all interested illegal from the beginning since he
Report of the parties with a notice that they are acquired possession by force, intimidation,
commissioner allowed 10 days within which to file threat, strategy, or stealth. May be
objections to the findings of the brought within 1 year from date of actual
report, if they so desire. entry.
Upon hearing, the court may: b. UNLAWFUL DETAINER – An action for
1. Accept the report and render recovery of possession from the defendant
judgment in accordance with the whose possession was originally lawful by
Court’s action
same virtue of a contract but became illegal
upon report of
2. Recommit the same to the when he continued possession despite
commissioners
commissioners for further report termination of his right thereunder. May
of facts, instead of accepting be brought within 1 year from date of last
reports demand.
FORCIBLE ENTRY/ UNLAWFUL DETAINER

How filed By filing a verified complaint.
Forcible entry: Any person deprived of the possession of any land or building by
force, intimidation, threat, strategy or stealth.
Who may file
Unlawful detainer: A lessor, vendor, vendee or other person against whom the
possession of any land or building is unlawfully withheld after the expiration or
termination of the right to hold possession.
Nature of proceedings Summary in nature
Real actions, as they affect possession of real property. They are also actions in
Nature of action personam as plaintiff seeks to enforce a personal obligation of the defendant to
vacate the property subject of the action and restore possession to the plaintiff.
Exclusive and original jurisdiction of the MTC, MCTC, and MeTC where the property
is situated.
Jurisdiction
*Shall be governed by the rules on summary procedure.
1. That the plaintiff had prior physical possession of the property; and
2. That the defendant deprived him of such possession by means of force,
intimidation, threats, strategy of stealth.
Allegations in forcible entry Meaning of possession: The law does not mean that a man has to have his feet on every
square meter of ground before it can be said that he is in possession. It is sufficient that
petitioner was able to subject the property to the action of his will . Possession can be
acquired by juridical acts such as donation, succession, execution and registration of public
instruments, inscription of possessory information, etc.
1. That initially, possession of property by the defendant was nu contract with or
by tolerance of the plaintiff;
2. That eventually, such possession became illegal upon notice by the plaintiff to
defendant of the termination of the latter’s right of possession.
Allegations in unlawful detainer
3. That thereafter, the defendant remained possession of the property and
deprived the plaintiff of the enjoyment thereof.
4. That within 1 year from last demand to vacate the property, the plaintiff
instituted the complaint for ejectment.
Remedy when complaint fails to aver Accion publiciana or accion reivindicatoria
facts
Effect of pendency of action involving Does not bar the filing of an ejectment suit, nor suspend the proceedings of one
ownership already instituted, nor bar the execution of the judgment therein.
When there is a valid contractual stipulation that lessor may repossess property
When judicial action not necessary
extrajudicially from the lessee whose lease contract expired.
Demand must be “To pay and to vacate “
Manner of demand
If “to pay or to vacate”, case is collection for sum of money or specific performance.
May be in the form of a written notice served upon the person found in the
premises or by posting such written notice on the premises if no person can be
Form of demand found.
Demand may also be verbal.

Demand is required only when action is predicated on the lessee’s failure to pay
rent or comply with the conditions of the lease.
Demand necessary Not necessary:

a. There is a stipulation dispensing with a demand; or
b. Ground for the suit is based on expiration of lease – since cause of action
immediately arises

Land – failure to comply with demand after 15 days

When right to commence action
arises
Building – failure to comply with demand after 5 days
If at the end of the contract of lease, lessee continues to enjoy the property leased
Tacita reconduccion for 15 days with consent of lessor add no notice to the contrary, there is implies
new lease – no unlawful detainer in this case.
Shall be filed and served within 10 days from service of summons.
Affirmative and negative defenses not pleaded in the answer are deemed waived
Answer (except lack of jurisdiction over the subject matter)
Cross-claims and compulsory counterclaims not asserted in the answer shall be
barred.
Court has no authority to declare defendant in default.
Effect of failure of file answer Instead, the courts shall, motu proprio or upon motion, render judgment on the
basis of the complaint and limited as to what is prayed for therein.
GR: Mere assertion of tenancy does not ipso facto deprive court of jurisdiction
(tenancy falls under DARAB)
Defense of tenancy in answer
XPN: If upon hearing on the matter, court finds it to be a real issue, action must be
dismissed for want of jurisdiction.
GR: Mere claim of ownership does not deprive court of jurisdiction.
XPN: Court may resolve issue of ownership when issue of possession cannot be
Defense of ownership in answer
resolved without resolving the issue on ownership and the issue of ownership shall
be resolved only to determine the issue of possession.
In case where conciliation is required, case shall be dismissed if there was no
Conciliation requirement
compliance of the same. Dismissal is one without prejudice.
Complaint, compulsory counterclaim, cross-claim pleaded in the answer, and
Allowed pleadings
answers thereto. (all shall be verified)
Reply, third-party complaint, pleadings-in-intervention, motion for bill of particulars,
new trial, motion for reconsideration, reopening of trial, extension of time to file,
Prohibited pleadings motion to declare default, motion for postponement (dilatory), motion to dismiss
(except lack of jurisdiction over the subject matter and failure to comply with Sec.
12 Rule 70), petitions for certiorari, mandamus, prohibition.
Remedy to obtain possession during Filing of a motion for the issuance of a writ of preliminary mandatory injunction
pendency of action in MTC within five (5) days from filing of complain to restore him in his possession (Sec. 15)
Court shall render judgment in favour of plaintiff if it finds that the allegations in
the complaint are true:
- Restitution of premises; and
Judgement
- Payment of sum justly due as arrears or as reasonable compensation for the
use of property, attorney’s fees and costs
*Otherwise, judgment shall be rendered in favour of defendant to recover his costs.
If in favour of plaintiff: Immediately executory
Execution of judgment
If in favour of defendant: Not immediately executory
1. Perfection of appeal
2. Filing of a supersedeas bond* to pay for the rents, damages, and costs accruing
down to the time of the judgment appealed from; and
How to stay immediate execution of 3. Depositing periodically with the RTC the adjudged rental due under the
judgment contract or if there is no contract, the reasonable compensation for the use of
property
*Not required if lower court does not make any pronouncement as to the pecuniary
liability of defendant. Attorney’s fees not covered.
RTC under Rule 40
*May file motion for issuance of a writ of preliminary mandatory injunction within
Appeal 10 days from perfection of appeal to restore him in his possession if court finds that
(a) defendant’s appeal is frivolous or dilatory; or (b) plaintiff’s appeal is prima facie
meritorious.

CASES WHICH DO NOT BAR ACTION FOR FORCIBLE

ENTRY AND UNLAWFUL DETAINER
1. Injunction suits instituted in the RTC in ejectment
cases in the MTC
2. Accion publiciana
3. Writ of possession case
4. Action for quieting of title
5. Suits for specific performance with damages
6. Action for reformation of instrument
7. Action for reconveyance of property
8. Annulment of sale, or title or document
PERSONS BOUND BY JUDGMENT IN EJECTMENT CASES

- GR: All persons impleaded
- XPNs:
a. Trespasser, squatter or agent of the defendant
fraudulently occupying the property to
frustrate the judgment
b. Guest or occupant with the consent of
defendant
c. A transferee pendente lite
d. Sub-lessee
e. Co-lessee
f. Member of the family, relative or privy of the
defendant

Notes of Special Civil Actions - BemJamison

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1|P age NOTES IN CIVIL PROCEDURE II Bem Jamison (UNO-R Bacolod)

- Purpose: The action is brought against the

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

Grounds: b. Where the declaration or construction is not

- In case of validity local 2. Action for quieting of title to real property or

RULE 64 – REVIEW OF JUDGEMENTS and pertinent to the petition.

Shall pay to the clerk of court RULE 65 – CERTIORARI, PROHIBITION,

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

Araullo vs. Aquino CERTIORARI UNDER RULE 45 AND 65 DISTINGUISHED

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

PETITION FOR CERTIORARI

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

12. Importance of the issues involved.

XPNs: (PQU PUD RPX PP)

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

WRIT OF CONTINUING MANDAMUS/ WRIT OF KALIKASAN (RULES ON PROCEDURE FOR

A. WRIT OF CONTINUING MADAMUS

WRIT OF CONTINUING MANDAMUS

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

RULES OF PROCEDURE FOR ENVIROMENTAL CASES

RULE 66 – QUO WARRANTO

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

If commenced by the Solicitor General – RTC of the City of Manila, CA or SC.

QUO WARRANTO IN ELECTIVE OFFICE versus QUO WARRANTO IN APPOINTIVE OFFICE

QUO WARANTO IN ELECTIVE OFFICE versus ELECTION PROTEST

RULE 67 – EXPROPRIATION EXERCISE OF EMINENT DOMAIN BY LOCAL

JUST COMPENSATION STAGES OF EXPROPRIATION

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

When may findings of commissioners be disregarded by the trial court:

When to ascertain just compensation:

Ascertainment of just compensation:

Guidelines for proper determination of just compensation:

RULE 68 – FORECLOSURE OF REAL ESTATE MORTGAGE

DRAGNET CLAUSE OR BLANKET MORTGAGE CLAUSE

FORECLOSURE OF REAL ESTATE MORTGAGE

*Judgment on the court for above matters is appealable.

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

*may be done ex parte

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

RULE 69 - PARTITION STAGES OF PARTITION

b. If they do not agree RULE 70 – FORCIBLE ENTRY AND

FORCIBLE ENTRY/ UNLAWFUL DETAINER

Demand may also be verbal.

Demand necessary Not necessary:

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

Land – failure to comply with demand after 15 days

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

CASES WHICH DO NOT BAR ACTION FOR FORCIBLE

PERSONS BOUND BY JUDGMENT IN EJECTMENT CASES

Reference: Civil Procedure Volume II by Dean Willard B. Riano | Rules of Court

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