211025 BALM105 Notes

SPECIAL CIVIL ACTION

 Generally brought or files for the same purpose as civil action, that is, for a party to another
for the enforcement of a right, or the prevention or redress of a wrong
 Difference with Ordinary Civil Action: Although both are governed by the Rules of Civil
Actions, Special Civil Actions has separate civil procedure rules

Special Civil Actions initiated by a complaint:

1. Interpleader (Rule 62)

2. Expropriation (Rule 67)
3. Foreclosure of Real Estate Mortgage (Rule 68)

Special Civil Actions initiated by a petition:

1. Declaratory Relief (Rule 63)

2. Review of (Judgment) Adjudication of COMELEC/COA (Rule 64)
3. Certiorari (Rule 65)
4. Prohibition (Rule 65)
5. Mandamus (Rule 65)
6. Quo Warranto (Rule 66)
7. Contempt (Rule 71)
8. + Judicial Foreclosure
9. + Forcible Entry / Unlawful Detainer

Partition of Real Estate

Petition to Correct entries in birth certificate (SP)

Cases for legitimation (SP)

I. INTERPLEADER (Rule 62)

 Whereby a person has a property in his possession but he is not claiming any right or
obligation therein, in whole or in part, but it is disputed by others
 This person will now go to a court and file a suit against those persons claiming rights over
the subject property w/c is in his possession in order that the 2 parties will litigate
 Not a suit against the plaintiff and the defendant, but actually a suit initiated so that the
defendant, suit among the defendants they would litigate
 ex: A is a widow of C. When C died, he left her properties. One of the property is being
claimed by D and E. Both claimed that they have bought the property from C when he ws
still living. A is no longer contesting the ownership over the property, but the problem is, A
do not know who b/w D and E has the right over the property. A now can file a complaint for
interpleader against and making both D and E as defendants, so that D and E will litigate in
court and prove who really owns that property so that A will know whom the property will
be delivered.

II. DECLARATORY RELIEF AND SIMILAR REMEDIES (Rule 63)

 Purpose: To interpret the meaning or intent by its authors and base their own, declare his
rights and duties
 There has been no actual breach in the contract; what’s necessary is only the clarificatory
about the instrument
 ex: A bought a property from C. When the title of property was delivered by C; there’s in
that title an annotation that has a certain D has the right of redemption. (When there’s a right
of redemption, anytime D can redeem subject to the conditions to the right of redemption.)
(ex: Bought a property na may tenant (tenant has right of redemption)) (But since it’s
annotated in the title, it’s not clear why D has right of redemption over subject property)
Now, A can file a complaint for declaratory belief so that court will determine who has the
better right over property, whether A or D who was granted right of redemption over
property. Or maybe the right of redemption doesn’t state the period or due date until when
can D can reclaim the property. Ipapacheck sa court whether or not D can exercise his right
of redemption.

REQUISITES IN FILING A DECLATORY RELIEF AND SIMILAR REMEDIES

1. A deed, contract, will, statute, executive order, regulation, ordinance or other written
instrument w/c needs interpretation so that the court may adjudicate and declare the rights
and duties of the petitioner
2. Doubtful terms of validity in the contract or documents / Clarificatory about the instrument
 There must be no actual breach of the document , only provisions that are doubtful and
needs clarification
 Otherwise, no longer a “Petition for Declatory Relief” but a ordinary civil action

III. REVIEW OF JUDGMENT (Amendment: “Review of Judgment and Final Orders or

Resolution of the COMELEC and Commission on Audit”)

 If you’re a election candidate, you were given an unfavorable/adverse decision by

COMELEC, file a petition before SC under Rule 64 (bc SC is given the right to review
judgment of the COMELEC and COA)
 But detailed procedure for the petition for SC, follow Rule 65 (Indicated when to file, what to
file)
 When u file this, title of complaint is “Petition for review on certiorari under Rule 65”
 Usually filed 30 days from notice of the judgment
 But will not state the execution of the judgment or final order or resolution sought to be
reviewed unless the SC will direct otherwise
 Review on Judgment (Rule 64), Its Procedure – Certiorari rules under Rule 65 (hindi lang
pang COMELEC/COA)
 When any tribunal officer, judicial/quasi-judicial (NLRC, BIR, DAR, SEC), issue would
only be limited to this board/officer/tribunal
 Sila ung involved but issue is limited to acting w/o in excess of its jurisdiction or there is
grave abuse of discretion amounting to lack/excess of jurisdiction

GROUNDS

1. Acting w/o or in excess of jurisdiction

2. Or with grave abuse of discretion amounting to lack or excess of jurisdiction
3. No appeal or other adequate remedy in the ordinary course of law
o nag file na ng motion for reconsideration, but was denied and you do not have any
other remedy (limited lang)

lack of jurisdiction = Rule 65 is always used to review the decision of a tribunal/judicial/quasi-

judicial body who acted in excess of jurisdiction

Judgment is questionable bc it’s decided/rendered in excess or lack of jurisdiction

IV. PROHIBITION (Rule 65)

 Praying from the SC to command the respondent (who would be any tribunal corporation,
board, officer, or person whether exercising judicial, arministial function acted in excess of
jurisdiction)
 Ask SC to command this person/s to desist from further proceedings in other matters
specified
 Trying to stop an officer of a tribunal from proceeding w/ whatever order has been released
by that particular board w/c you believe who acted in excess of jurisdiction
 Famous case: Against CJ (Not prohibition but quo warranto)

V. MANDAMUS (Rule 65)

 Praying that they be required to act; requiring them to act (opposite of prohibition)
 All cases under Rule 64 are filed w/in 60 days from notice of judgment, usually in the notice
denying for motion for reconsideration bc that’s only the time u do not have any other
remedy available

3 courts where Mandamus can be filed:

1. Supreme Court
2. Regional Trial Court
 If relates to acts/omissions of lower courts, or corporation officer, or person w/in its
territorial area
3. Court of Appeals
 Case in quasi-judicial agency – if in aid of original or appellate jurisdiction
 Case in Sandiganbayan – if in aid of appellate jurisdiction only

Same assignment 2 cases and special procedures.

Will discuss next meeting Special Procedures

Lockdown in 21 days

Sodium ascorbate